[Federal Register Volume 77, Number 79 (Tuesday, April 24, 2012)]
[Rules and Regulations]
[Pages 24408-24409]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-9844]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 721
[EPA-HQ-OPPT-2011-0108; FRL-9344-7]
RIN 2070-AB27
Modification of Significant New Uses of Tris Carbamoyl Triazine;
Technical Amendment
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; technical amendment.
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SUMMARY: This technical amendment implements a technical correction
that published in the Federal Register of March 7, 2012. Specifically,
the correction involves the removal of a cross-reference that was
erroneously included in a final rule that published in the Federal
Register of February 8, 2012.
DATES: This final rule is effective April 24, 2012.
ADDRESSES: The docket for this action, identified under docket
identification (ID) number EPA-HQ-OPPT-2011-0108, is available online
at http://www.regulations.gov and at the OPPT Docket. The OPPT Docket
is located in the EPA Docket Center (EPA/DC) at Rm. 3334, EPA West
Bldg., 1301 Constitution Ave. NW., Washington, DC. The EPA/DC Public
Reading Room hours of operation are 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal holidays. The telephone number of the
EPA/DC Public Reading Room is (202) 566-1744, and the telephone number
for the OPPT Docket is (202) 566-0280. For information or additional
instructions about the docket or visiting the EPA/DC, please go to
http://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT: For technical information contact:
Tracey Klosterman, Chemical Control Division (7405M), Office of
Pollution Prevention and Toxics, Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number:
(202) 564-2209; email address: klosterman.tracey@epa.gov.
For general information contact: The TSCA-Hotline, ABVI-Goodwill,
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202)
554-1404; email address: TSCA-Hotline@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Does this action apply to me?
The Agency included in the final rule a list of those who may be
potentially affected by this action. If you have questions regarding
the applicability of this action to a particular entity, consult the
technical person listed under FOR FURTHER INFORMATION CONTACT.
II. What does this technical amendment do?
This technical amendment implements a technical correction that
published in the Federal Register of March 7, 2012 (77 FR 13506) (FRL-
9339-8), which removes a cross-reference erroneously placed in Sec.
721.9719(a)(2)(ii) by a final rule that published in the Federal
Register of February 8, 2012 (77 FR 6476) (FRL-9330-6).
In order to remove the erroneous cross-reference before the
effective date of the February 8, 2012 final rule, EPA published the
final rule technical correction in the Federal Register of March 7,
2012. Subsequently, however, the Office of the Federal Register (OFR)
determined that the placement of the correction text in that document
did not satisfy OFR's format requirements, and a second correction was
necessary to effectuate the change in the Code of Federal Regulations
(CFR). Since the February 8, 2012 final rule had become effective, the
OFR instructed EPA to do this second correction as a technical
amendment to the CFR.
III. Why is this technical amendment issued as a final rule?
Section 553 of the Administrative Procedure Act (APA), 5 U.S.C.
553(b)(3)(B), provides that, when an Agency for good cause finds that
notice and public procedure are impracticable, unnecessary or contrary
to the public interest, the Agency may issue a final rule without
providing notice and an opportunity for public comment. EPA has
determined that there is good cause for making this technical amendment
final without prior proposal and opportunity for comment, because
notice and comment are unnecessary. The hazard communication
requirement that is being removed was never intended to be included in
the significant new use rule (SNUR), the PMN submitter who brought the
error to EPA's attention is familiar with the issue, and EPA is not
aware of and does not expect there to be persons who would be adversely
affected by the change as there are no companies making plans based on
erroneous notice and no harm resulting from deleting the unnecessary
requirement for a developmental effect warning. EPA finds that this
constitutes good cause under 5 U.S.C. 553(b)(3)(B).
IV. Do any of the Statutory and Executive Order reviews apply to this
action?
This technical amendment effectuates the March 7, 2012 technical
correction to remove an erroneous cross-reference that was placed in
Sec. 721.9719(a)(2)(ii) when the final rule published in the Federal
Register of February 8, 2012, modifying significant new uses of tris
carbamoyl triazine. The February 8, 2012 final rule addresses these
requirements for that action (see Unit IX. of the preamble to that
action). This technical amendment does not otherwise amend or impose
any other requirements.
As such, this technical amendment is not a ``significant regulatory
action'' subject to review by the Office of Management and Budget (OMB)
under Executive Order 12866, entitled Regulatory Planning and Review
(58 FR 51735, October 4, 1993), nor does this technical amendment
contain any information collections subject to OMB approval under the
Paperwork Reduction Act (44 U.S.C. 3501 et seq.)
Because the Agency has made a ``good cause'' finding that this
technical amendment is not subject to notice-and-comment requirements
under the APA or any other statute (see Unit III. of this document), it
is not subject to the regulatory flexibility provisions of the
Regulatory Flexibility Act (RFA) (5 USC 601 et seq.), or to sections
202 and 205 of the Unfunded Mandates Reform Act (UMRA) (2 U.S.C. 1531
et seq.). Nor does this technical amendment
[[Page 24409]]
significantly or uniquely affect small governments or impose a
significant intergovernmental mandate, as described in sections 203 and
204 of UMRA.
This technical amendment will not have substantial direct effects
on the States, on the relationship between the national government and
the States, or on the distribution of power and responsibilities among
the various levels of government, as specified in Executive Order
13132, entitled Federalism (64 FR 43255, August 10, 1999), nor will
this technical amendment have any ``tribal implications'' as described
in Executive Order 13175, entitled Consultation and Coordination with
Indian Tribal Governments (65 FR 67249, November 9, 2000).
This technical amendment does not require any special
considerations, OMB review or any Agency action under Executive Order
13045, entitled Protection of Children from Environmental Health Risks
and Safety Risks (62 FR 19885, April 23, 1997). Nor will this technical
amendment have any affect on energy supply, distribution or use as
described in Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use (66 FR 28355,
May 22, 2001).
This technical amendment does not involve any technical standards
that would require Agency consideration of voluntary consensus
standards pursuant to section 12(d) of the National Technology Transfer
and Advancement Act (NTTAA) (15 U.S.C. 272 note). The technical
amendment also does not involve special consideration of environmental
justice related issues under Executive Order 12898, entitled Federal
Actions to Address Environmental Justice in Minority Populations and
Low-Income Populations (55 FR 7629, February 16, 1994).
V. Congressional Review Act
Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.),
EPA will submit a report containing this rule and other required
information to the U.S. Senate, the U.S. House of Representatives, and
the Comptroller General of the United States prior to publication of
this final rule in the Federal Register. This final rule is not a
``major rule'' as defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 721
Environmental protection, Chemicals, Hazardous substances,
Reporting and recordkeeping requirements.
Dated: April 12, 2012.
Ward Penberthy,
Acting Director, Chemical Control Division, Office of Pollution
Prevention and Toxics.
Therefore, 40 CFR part 721 is corrected by making the following
technical amendment:
PART 721--[AMENDED]
0
1. The authority citation for part 721 continues to read as follows:
Authority: 15 U.S.C. 2604, 2607, and 2625(c).
0
2. In Sec. 721.9719, revise paragraph (a)(2)(ii) to read as follows:
Sec. 721.9719 Tris carbamoyl triazine (generic).
(a) * * *
(2) * * *
(ii) Hazard communication program. Requirements as specified in
Sec. 721.72(a), (b), (c), (d), (e) (concentration set at 1.0 percent),
(f), (g)(1)(ii), (g)(1)(iv), (g)(2)(ii), (g)(2)(iv), and (g)(5).
* * * * *
[FR Doc. 2012-9844 Filed 4-23-12; 8:45 am]
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