[Federal Register: September 8, 2003 (Volume 68, Number 173)]
[Rules and Regulations]
[Page 52841-52843]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08se03-8]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 82
[FRL-7553-3]
RIN 2060-AJ27
Protection of Stratospheric Ozone: Phaseout of Chlorobromomethane
Production and Consumption
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; technical correction.
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SUMMARY: The Environmental Protection Agency published in the Federal
Register of July 18, 2003, a document that adds chlorobromomethane
(CBM) to the list of substances subject to production and consumption
controls under the Clean Air Act (CAA) and EPA's implementing
regulations. This document corrects the numbering for a provision added
in that document.
EFFECTIVE DATE: September 8, 2003.
FOR FURTHER INFORMATION CONTACT: Jabeen Akhtar, 202-564-3514; E-mail:
akhtar.jabeen@epa.gov.
SUPPLEMENTARY INFORMATION:
I. What Does This Correction Do?
The EPA published a document in the Federal Register of July 18,
2003 (68 FR 42883), which added a paragraph of trade restrictions of
CBM to 40 CFR 82.4. This paragraph is incorrectly numbered as 40 CFR
82.4(l)(5). This correction amends the paragraph numbering from 40 CFR
82.4(l)(5) to 40 CFR 82.4(l)(6).
II. Does This Action Apply to Me?
Categories and entities potentially regulated by this action
include:
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Category SIC NAICS Examples of potentially regulated entities
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1. Industrial organic chemicals, NEC 2869 325199 Producers, importers, or exporters of CBM.
2. Pharmaceutical preparations...... 2834 325412 Transformers of CBM.
3. Pesticides and agricultural 2879 32532 Transformers of CBM.
chemicals, NEC.
4. Chemicals and allied products, 5169 42269 Lab suppliers of CBM.
NEC.
5. Testing laboratories, except 8734 54138 Lab users of CBM.
veterinary.
6. Medical and diagnostic 8071 6215 Lab users of CBM.
laboratories.
7. Research and development in the 8731, 8733 54171 Lab users of CBM.
physical, engineering and life
sciences.
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This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by this
action. This table lists the types of entities that EPA is now aware
could potentially be regulated by this action. Other types of entities
not listed in this table could also be affected. To determine whether
your facility, company, business organization, etc., could be regulated
by this action, you should carefully examine the applicability criteria
in Sec. 82.1(b) of Title 40 of the Code of Federal Regulations (CFR).
If you have any questions regarding the applicability of this action to
a particular entity, consult the person listed in the FOR FURTHER
INFORMATION CONTACT section.
III. How Can I Get Copies of This Document and Other Related
Information?
1. Docket. Materials relevant to this action are contained in
Docket No. A-92-13, Section XII. The EDOCKET number is OAR-2003-0077,
with the legacy identifier noted as A-2000-49. The docket is located at
U.S. Environmental Protection Agency, EPA West (Air Docket), 1301
Constitution Avenue, NW., Room: B108, Mail Code 6102T, Washington, DC
20004. The materials may be inspected from 8 am until 5:30 pm, Monday
through Friday. The telephone number is (202) 566-1742. The fax number
is (202) 566-1741. The docket may charge a reasonable fee for copying
docket materials. Although a part of the official docket, the public
docket does not include Confidential Business Information (CBI) or
other information whose disclosure is restricted by statute.
2. Electronic access. You may access this Federal Register document
electronically through the EPA Internet under the Federal Register
listings at http://www.epa.gov/fedregstr. An electronic version of the
public docket is also available through EPA's new electronic public
docket, EPA Dockets. You may use EPA Dockets at http://www.epa.gov/rpas/
to access the index listing of the contents of the official
public docket for this action, as well as access those documents in the
public docket that are available electronically. Once in the system,
select ``search,'' then key in the docket identification number that
EPA has established for this action. Certain types of information will
not be placed in the EPA Docket. Information claimed as CBI, and other
information whose disclosure is restricted by statute which is not
included in the official public docket, will not be available for
public viewing in EPA's electronic public docket, either. The EPA's
policy is that copyrighted material will not be placed in EPA's
electronic public docket but will be available only in printed, paper
from in the official public docket. To the extent feasible, publicly
available supporting materials for this action will be made available
in EPA's electronic public docket. When a document is selected from the
index list in the EPA Docket, the system will identify whether the
document is available for viewing the EPA's electronic public docket.
Although not all docket materials may be available electronically, you
may still access any of the publicly available docket materials through
the Docket Center identified in this notice. The EPA intends to work
toward providing electronic access to all of the publicly available
docket materials through EPA's electronic public docket.
[[Page 52842]]
IV. Why Is This Correction Issued as a Final Rule?
Section 553 of the Administrative Procedure Act (APA), 5 U.S.C.
553(b)(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 rule without providing
notice and an opportunity for public comment. We have determined that
there is good cause for making today's action final without prior
proposal and opportunity for comment because the changes to the rule
are minor technical corrections and do not change the requirements of
the rule. Thus, notice and public procedure are unnecessary. We find
that this constitutes good cause under 5 U.S.C. 553(b)(B) (see also the
final sentence of section 307(d)(1) of the Clean Air Act, 42 U.S.C.
7607(d)(1), indicating that the good cause provisions of the APA
continue to apply to this type of rulemaking under the Clean Air Act).
Section 553(d)(3) allows an agency, upon a finding of good cause,
to make a rule effective immediately. Because today's changes do not
change the requirements of the rule, we find good cause to make these
technical corrections effective immediately.
V. Do Any of the Executive Order and Statutory Reviews Apply to This
Correction?
This final rule implements a technical correction to the Code of
Federal Regulations, and it does not otherwise impose or amend any
requirements.
1. Executive Order 12630. The EPA has complied with Executive Order
12630, Governmental Actions and Interference With Constitutionally
Protected Property Rights (Takings) (53 FR 8859, March 15, 1988) by
examining the takings implications of this technical correction in
accordance with the ``Attorney General's Supplemental Guidelines for
the Evaluation of Risk and Avoidance of Unanticipated Takings'' issued
under the Executive Order.
2. Executive Order 12866. Under Executive Order 12866, Regulatory
Planning and Review (58 FR 51735, October 4, 1993), this technical
correction is not a ``significant regulatory action'' and is therefore
not subject to review by the Office of Management and Budget (OMB).
This action is not a ``major rule'' as defined by 5 U.S.C. 804(2).
3. Executive Order 12898. This technical correction does not
involve special consideration of environmental justice-related issues
as required by Executive Order 12898, Federal Actions to Address
Environment Justice in Minority Populations and Low-Income Populations
(59 FR 7629, February 16, 1994).
4. Executive Order 12988. In issuing this technical correction, EPA
has taken the necessary steps to eliminate drafting errors and
ambiguity, minimize potential litigation, and provide a clear legal
standard for affected conduct, as required by section 3 of Executive
Order 12988, Civil Justice Reform (61 FR 4729, February 7, 1996).
5. Executive Order 13045. This technical correction is not subject
to Executive Order 13045, Protection of Children from Environmental
Health and Safety Risks (62 FR 19885, April 23, 1997) because it is not
economically significant as defined in Executive Order 12866, and
because the Agency does not have reason to believe the environmental
health or safety risks addressed by this action present a
disproportionate risk to children.
6. Executive Order 13132. This technical correction does not have
substantial direct effects on the States, or on the relationship
between the national government and the States, as specified in
Executive Order 13132, Federalism (64 FR 43255, August 10, 1999).
7. Executive Order 13175. This technical correction does not
significantly or uniquely affect the communities of tribal governments,
as specified by Executive Order 13175, Consultation and Coordination
with Indian Tribal Governments (65 FR 67249, November 6, 2000).
8. Executive Order 13211. This technical correction is not subject
to Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use (66 FR 28355,
May 22, 2001) because it is not a significant regulatory action under
Executive Order 12866.
9. Paperwork Reduction Act. This technical correction does not
impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
10. National Technology Transfer and Advancement Act. This
technical correction action does not involve changes to technical
standards. Thus the requirements of section 12(d) of the National
Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do
not apply.
11. Regulatory Flexibility Act. Because EPA has made a ``good
cause'' finding that this action is not subject to notice and comment
requirements under the APA or any other statute, it is not subject to
the regulatory flexibility provisions of the Regulatory Flexibility Act
(5 U.S.C. 601 et seq.).
12. Unfunded Mandates Reform Act. This technical correction
contains no Federal mandates (under the regulatory provisions of Title
II of the Unfunded Mandates Reform Act of 1995 (UMRA), (Public Law 104-
4), for State, local, or tribal governments or the private sector
because the correction imposes no enforceable duty on any State, local
or tribal governments or the private sector. Thus the correction is not
subject to the requirements of sections 202 and 205 of the UMRA. In
addition, this action does not significantly or uniquely affect small
governments or impose a significant intergovernmental mandate, as
described in sections 203 and 204 of the UMRA.
13. Congressional Review Act. The Congressional Review Act (CRA) (5
U.S.C. 801 et seq.), as added by the Small Business Regulatory
Enforcement Fairness Act of 1996, generally provides that before a rule
may take effect, the agency promulgating the rule must submit a rule
report, which includes a copy of the rule, to each House of the
Congress and to the Comptroller General of the United States. Section
808 allows the issuing agency to make a rule effective sooner than
otherwise provided by the CRA if the agency makes a good cause finding
that notice and public procedure is impracticable, unnecessary or
contrary to the public interest. This determination must be supported
by a brief statement (5 U.S.C. 808(2)). As stated previously, EPA has
made such a good cause finding, including the reasons therefor, and
established an effective date of September 8, 2003. The 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 the rule in the
Federal Register.
The EPA's compliance with these Executive Orders and statutes of
the underlying rule is discussed in the July 18, 2003, Federal Register
document containing the Phaseout of Chlorobromomethane Production and
Consumption final rule (68 FR 42884).
List of Subjects in 40 CFR Part 82
Environmental protection, Administrative practice and procedure,
Air pollution control, Chemicals, Exports, Government procurement,
Imports, Labeling, Reporting and recordkeeping requirements.
[[Page 52843]]
Dated: August 28, 2003.
Jeffrey R. Holmstead,
Assistant Administrator for the Office of Air and Radiation.
0
For the reasons stated in the preamble, 40 CFR part 82 is amended as
follows:
PART 82--PROTECTION OF STRATOSPHERIC ZONE
0
1. The authority citation for part 82 continues to read as follows:
Authority: 42 U.S.C. 7414, 7601, 7671-7671q.
Subpart A--Production and Consumption Controls
0
2. In the Federal Register of July 18, 2003, page 42891, third column,
amendatory instruction 3.c. is corrected to read ``Adding and reserving
paragraph (l)(5) and adding paragraph (l)(6)'' and paragraph (l)(5) in
the third column at the end of amendatory instruction 3. is
redesignated as (l)(6).
[FR Doc. 03-22639 Filed 9-5-03; 8:45 am]
BILLING CODE 6560-50-M