[Federal Register: November 17, 2009 (Volume 74, Number 220)]
[Rules and Regulations]
[Page 59104-59106]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17no09-12]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 3
[EPA-HQ-OEI-2003-0001; FRL-8980-7]
RIN 2025-AA26
Technical Amendment of Cross-Media Electronic Reporting Rule
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is amending the Final Cross-Media Electronic Reporting
Rule (CROMERR) to exclude from the regulation all documents and
information submitted electronically to EPA by applicants for, and
recipients of grants, cooperative agreements and other forms of
financial assistance pursuant to EPA financial assistance regulations.
DATES: This final rule is effective on November 17, 2009.
ADDRESSES: EPA has established a docket for this action under No. EPA-
HQ-OEI-2003-0001. All documents in the docket are listed on the http://
www.regulations.gov Web site. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically through http://
www.regulations.gov or in hard copy at the CROMERR Docket, EPA/DC, EPA
West, Room 3334, 1301 Constitution Avenue, NW., Washington, DC. The
Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is (202) 566-1744, and the telephone number for the
CROMERR Docket is (202) 566-1752.
FOR FURTHER INFORMATION CONTACT: Evi Huffer, Office of Environmental
Information (2823T), Environmental Protection Agency, 1200 Pennsylvania
Avenue, NW., Washington, DC 20460; (202) 566-1697; huffer.evi@epa.gov,
or David Schwarz, Office of Environmental Information (2823T),
Environmental Protection Agency, 1200 Pennsylvania Avenue, NW.,
Washington, DC 20460; (202) 566-1704; schwarz.david@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Does this action apply to me?
This action will affect governments, non-profit organizations,
international organizations, commercial firms, individuals and other
entities who are eligible for EPA financial assistance (recipients)
that submit information electronically to EPA for financial assistance
awards pursuant to Title 40 of the Code of Federal Regulations (CFR)
Subchapter B--Grants and Other Federal Assistance.
[[Page 59105]]
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Examples of affected
Category entities
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Governments..................................... Foreign governments,
States, tribes or
territories,
including intertribal
consortia and Tribal
education agencies.
County, municipality,
city, town, township,
local public
authority, school
district, special
district, intrastate
district, council of
governments, any
other regional or
interstate government
entity, or any agency
or instrumentality of
a local government.
For purposes of this
rulemaking, the term
``state'' includes
the District of
Columbia and the
United States
territories, as
specified in the
applicable statutes.
That is, the term
``state'' includes
the District of
Columbia, the
Commonwealth of
Puerto Rico, the
Virgin Islands, Guam,
American Samoa, the
Commonwealth of
Northern Marina
Islands and the Trust
Territory of the
Pacific Islands,
depending on the
statute.
International organizations..................... Agencies of the United
Nations, the European
Union, the World
Health Organization
and similar
international bodies.
Non-profit organizations........................ Environmental
organizations, trade
associations,
associations of
government officials,
institutions of
higher education,
public and private
hospitals, and other
quasi-public and
other private non-
profit organizations
such as, but not
limited to, community
action agencies,
research institutes,
educational
associations, and
private health
centers.
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This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be affected by this
action. If you have questions regarding the applicability of this
action to a particular entity, consult the person listed in the
preceding FOR FURTHER INFORMATION CONTACT section.
II. What does this rule do?
This rule extends the current Cross-Media Electronic Reporting
Regulation (CROMERR) applicability exemption for financial assistance
regulations (grants) to include all financial assistance regulations
under Title 40, providing regulatory relief to applicants for, and
recipients of, EPA financial assistance who submit information
electronically to EPA pursuant to other parts of Title 40 of the CFR.
Specifically, this final rule amends 40 CFR 3.1(b) by adding a new
paragraph (3) which excludes such documents and data from Part 3.
III. Why is EPA taking this action?
EPA published the CROMERR final rulemaking on October 13, 2005 (70
FR 59853). In publishing the final rule, EPA did not intend for the new
part 3 requirements to apply to the Agency's financial assistance
regulations. This is evidenced by the statement in the final rule
preamble that the ``new part 3 does not address contracts, grants or
financial management regulations contained in Title 48 of the CFR.''
(70 FR 59853, October 13, 2005). EPA recently discovered, however, that
CROMERR does apply to grants found in parts of Title 40 of the CFR.
Augmenting this discrepancy, states, tribes, and local governments
submitting applications, reports, or data to satisfy grant requirements
under Title 40 are currently exempt under CROMERR section 3.1(c) when
the environmental grant programs are linked to EPA-authorized programs.
Today's final rule excludes all documents and data submitted
electronically to EPA by financial assistance applicants and recipients
pursuant to financial assistance requirements under Title 40 of the CFR
from CROMERR.
IV. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
This action is not a ``significant regulatory action'' under the
terms of Executive Order (EO) 12866 (58 FR 51735, October 4, 1993) and
is, therefore, not subject to review under the EO.
B. Paperwork Reduction Act
This action does not impose any information collection burden.
However, the Office of Management and Budget (OMB) has previously
approved the information collection requirements contained in the
existing regulations (40 CFR part 3) under the provisions of the
Paperwork Reduction Act, 44 U.S.C. 3501 et seq. and has assigned OMB
control number 2025-0003. The OMB control numbers for EPA's regulations
in 40 CFR are listed in 40 CFR part 9.
C. Regulatory Flexibility Act
Today's final rule is not subject to the Regulatory Flexibility Act
(RFA), which generally requires an agency to prepare a regulatory
flexibility analysis for any rule that will have a significant economic
impact on a substantial number of small entities. The RFA applies only
to rules subject to notice and comment rulemaking requirements under
the Administrative Procedure Act (APA) or any other statute. This rule
is not subject to notice and comment requirements under the APA or any
other statute because this rule pertains to grants which the section
553 of the APA specifically exempts from notice and comment rulemaking
requirements (5 USC 553(a)(2)). Thus, EPA is not required to promulgate
a proposed rule or take comment on the rule.
D. Unfunded Mandates Reform Act
This action contains no Federal mandates under the provisions of
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C.
1531-1538 for state, tribal, or local governments or the private
sector. The action imposes no additional requirements or enforceable
duty on any State, tribal, or local governments or the private sector.
Therefore, this action is not subject to the requirements of sections
202 or 205 of the UMRA. This rule relieves a regulatory burden to
environmental grant applicants and grantees submitting electronic
documents and information to EPA.
This action is also not subject to the requirements of section 203
of UMRA because it contains no regulatory requirements that might
significantly or uniquely affect small governments.
E. Executive Order 13132: Federalism
This action does not have federalism implications. It 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. This action provides regulatory
relief to grant applicants and grantees and imposes no additional
requirements. Thus, Executive Order 13132 does not apply to this rule.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications, as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000). It will neither
impose substantial direct compliance costs on tribal governments, nor
preempt Tribal law. This action provides regulatory relief to tribal,
state, local government, and non-profit organization grant applicants
and
[[Page 59106]]
grantees. Thus, Executive Order 13175 does not apply to this action.
G. Executive Order 13045: Protection of Children's Health From
Environmental Health Risks and Safety Risks
EPA interprets EO 13045 (62 FR 19885, April 23, 1997) as applying
only to those regulatory actions that concern health or safety risks,
such that the analysis required under section 5-501 of the EO has the
potential to influence the regulation. This action is not subject to EO
13045 because it does not establish an environmental standard intended
to mitigate health or safety risks.
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This action is not subject to Executive Order 13211 (66 FR 28355,
May 22, 2001), because it is not a significant regulatory action under
Executive Order 12866.
I. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law 104-113, 12(d) (15 U.S.C. 272 note)
directs EPA to use voluntary consensus standards in its regulatory
activities unless to do so would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., materials specifications, test methods, sampling
procedures, and business practices) that are developed or adopted by
voluntary consensus standards bodies. NTTAA directs EPA to provide
Congress, through OMB, explanations when the Agency decides not to use
available and applicable voluntary consensus standards.
This action does not involve technical standards. Therefore, EPA
did not consider the use of any voluntary consensus standards.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
Executive Order (EO) 12898 (59 FR 7629, Feb. 16, 1994) establishes
Federal executive policy on environmental justice. Its main provision
directs Federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
EPA lacks the discretionary authority to address environmental
justice in this final rulemaking because it does not affect the level
of protection provided to human health or the environment. This final
rule exempts grant applicants and grantees submitting documents and
information electronically to EPA pursuant to environmental grant
regulations under 40 CFR from CROMERR.
K. Congressional Review Act
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. 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. A Major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2) and provides regulatory relief to state, tribe, local
government, and non-profit organization environmental grant applicants
and grantees. This rule will be effective on November 17, 2009.
List of Subjects in 40 CFR Part 3
Environmental protection, Conflict of interests, Electronic
records, Electronic reporting requirements, Electronic reports,
Intergovernmental relations.
Dated: November 5, 2009.
Lisa P. Jackson,
Administrator.
Therefore, title 40 chapter I of the Code of Federal Regulations is
amended as follows:
PART 3--[AMENDED]
0
1. The authority citation for part 3 continues to read as follows:
Authority: 7 U.S.C. 136 to 136y; 15 U.S.C. 2601 to 2692; 33
U.S.C. 1251 to 1387; 33 U.S.C. 1401 to 1445; 33 U.S.C. 2701 to 2761;
42 U.S.C. 300f to 300j-26; 42 U.S.C. 4852d; 42 U.S.C. 6901-6992k; 42
U.S.C. 7401 to 7671q; 42 U.S.C. 9601 to 9675; 42 U.S.C. 11001 to
11050; 15 U.S.C. 7001; 44 U.S.C. 3504 to 3506.
Subpart A--General Provisions
0
2. Section 3.1 is amended by revising paragraphs (b)(1) and (b)(2) and
by adding paragraph (b)(3) to read as follows:
Sec. 3.1 Who does this part apply to?
* * * * *
(b) * * *
(1) Documents submitted via facsimile in satisfaction of reporting
requirements as permitted under other parts of Title 40 or under
authorized programs;
(2) Electronic documents submitted via magnetic or optical media
such as diskette, compact disc, digital video disc, or tape in
satisfaction of reporting requirements, as permitted under other parts
of Title 40 or under authorized programs; or
(3) Documents and information submitted under grants, cooperative
agreements, or financial assistant regulations contained in Title 40.
* * * * *
[FR Doc. E9-27304 Filed 11-16-09; 8:45 am]
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