[Federal Register: August 20, 2004 (Volume 69, Number 161)]
[Rules and Regulations]
[Page 51570-51571]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20au04-9]
[[Page 51570]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 9
[FRL-7803-6]
OMB Approvals Under the Paperwork Reduction Act; Final Rule
AGENCY: Environmental Protection Agency.
ACTION: Final rule.
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SUMMARY: In compliance with the Paperwork Reduction Act (PRA), this
technical amendment amends the table that lists the Office of
Management and Budget (OMB) control numbers issued under the PRA for
the Public Water System Supervision Program (PWSS) ICR, OMB Control No.
2040-0090; the Microbial Rules ICR, OMB Control No. 2040-0205; and the
Disinfectants/Disinfection Byproducts, Chemical, and Radionuclides
(DBP/Chem/Rads) s ICR, OMB Control No 2040-0204. The restructuring by
the Environmental Protection Agency's Office of Ground Water and
Drinking Water of its existing drinking water program Information
Collection Requests (ICR) has resulted in the consolidation of rules
and activities into three main drinking water program ICRs.
DATES: This amendment is effective August 20, 2004.
FOR FURTHER INFORMATION CONTACT: Richard Naylor at 202-564-3847.
SUPPLEMENTARY INFORMATION: The Environmental Protection Agency (EPA) is
amending the table of currently approved information collection request
(ICR) control numbers issued by OMB for various regulations. The
amendment updates the table to list those information collection
requirements which have been moved due to the restructure and
consolidation of the Office of Ground Water and Drinking Water ICRs. An
announcement that the PWSS ICR, OMB Control No. 2040-0090; the
Microbial ICR, OMB Control No. 2040-0205; and the DBP/Chem/Rads ICR,
OMB Control No. 2040-0204 had been forwarded to the Office of
Management and Budget (OMB) for review and approval appeared in the
Federal Register on October 5, 2001 (66 FR 51031-51035). In addition,
EPA is adding entries for the Public Notification rule and for previous
omissions that have not been included in the Part 9 table. The affected
regulations are codified at 40 CFR parts 141 and 142. EPA will continue
to present OMB control numbers in a consolidated table format to be
codified in 40 CFR part 9 of the Agency's regulations, and in each Code
of Federal Regulations (CFR) volume containing EPA regulations. The
table lists CFR citations with reporting, recordkeeping, or other
information collection requirements, and the current OMB control
numbers. This listing of the OMB control numbers and their subsequent
codification in the CFR satisfies the requirements of the Paperwork
Reduction Act (44 U.S.C. 3501 et seq.) and OMB's implementing
regulations at 5 CFR part 1320.
These ICRs were previously subject to public notice and comment
prior to OMB approval. Because the ICRs have already been subject to
public notice and comment and because of the ministerial nature of the
table, EPA finds that further notice and comment is unnecessary. As a
result, EPA finds that there is ``good cause'' under section 553(b)(B)
of the Administrative Procedure Act (APA), 5 U.S.C. 553(b)(B), to amend
this table without prior notice and comment. For the same reasons, EPA
believes that there is ``good cause'' to make this rule effective upon
publication under section 553(d)(3) of the APA.
I. Administrative Requirements
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and is therefore not
subject to review by the Office of Management and Budget. In addition,
this action does not impose any enforceable duty, contain any unfunded
mandate, or impose any significant or unique impact on small
governments as described in the Unfunded Mandates Reform Act of 1995
(Pub. L. 104-4). This rule also does not require prior consultation
with State, local, and Tribal government officials as specified by
Executive Order 12875 (58 FR 58093, October 28, 1993) or Executive
Order 13084 (63 FR 27655, May 10, 1998), or involve special
consideration of environmental justice related issues as required by
Executive Order 12898 (59 FR 7629, February 16, 1994). Because this
action is not subject to notice-and-comment requirements under the
Administrative Procedure Act 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.). This rule also is not subject to Executive
Order 13045 (62 FR 19885, April 23, 1997) because EPA interprets
Executive Order 13045 as applying only to those regulatory actions that
are based on health or safety risks, such that the analysis required
under section 5-501 of the Order has the potential to influence the
regulation. This rule is not subject to Executive Order 13045 because
it does not establish an environmental standard intended to mitigate
health or safety risks.
The Congressional Review Act (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 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 August 20,
2004. EPA has submitted reports containing these rules 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. This action is not
a ``major rule'' as defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 9
Environmental protection, Reporting and recordkeeping requirements.
Dated: August 13, 2004.
Michael Shapiro,
Acting Assistant Administrator, Office of Water.
0
For the reasons set out in the preamble, 40 CFR part 9 is amended as
follows:
PART 9--[AMENDED]
0
1. The authority citation for part 9 continues to read as follows:
Authority: 7 U.S.C. 135 et seq., 136-136y; 15 U.S.C. 2001, 2003,
2005, 2006, 2601-2671; 21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33
U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318, 1321, 1326, 1330,
1342, 1344, 1345(d) and (e), 1361; E.O. 11735, 38 FR 21243, 3 CFR,
1971-1975 Comp. p. 973; 42 U.S.C. 241, 242b, 243, 246, 300f, 300g,
300g-1, 300g-2, 300g-3, 300g-4, 300g-5, 300g-6, 300j-1, 300j-2,
300j-3, 300j-4, 300j-9, 1857 et seq., 6901-6992k, 7401-7671q, 7542,
9601-9657, 11023, 11048.
0
2. Amend the Table in Sec. 9.1 as follows:
0
a. Under the heading ``National Primary Drinking Water Regulations''
remove entries ``141.80-141.91'' and ``141.153-141.154'' and add in
numerical order entries ``141.31(d)'', ``141.80-141.91'' and ``141.153-
141.154''.
0
b. Under the heading ``National Primary Drinking Water Regulations
[[Page 51571]]
Implementation'' add in numerical order entries ``142.14(e)-(g)'' and
``142.16(a)''.
Sec. 9.1 OMB approvals under the Paperwork Reduction Act.
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40 CFR citation OMB control No.
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National Primary Drinking Water Regulations
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141.31(d).......................... 2040-0090
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141.80-141.91...................... 2040-0204
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141.153-141.154.................... 2040-0090
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National Primary Drinking Water Regulations Implementation
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142.14(e)-(g)...................... 2040-0090
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142.16(a).......................... 2040-0090
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[FR Doc. 04-19137 Filed 8-19-04; 8:45 am]
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