81 FR 19490 - OMB Approvals Under the Paperwork Reduction Act; Technical Amendment
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 65 (April 5, 2016)
Federal Register Volume 81, Issue 65 (April 5, 2016)
| Page Range | 19490-19492 | |
| FR Document | 2016-07797 |
[Federal Register Volume 81, Number 65 (Tuesday, April 5, 2016)] [Rules and Regulations] [Pages 19490-19492] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-07797] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 9 [EPA-HQ-OPPT-2014-0486; FRL-9943-62] OMB Approvals Under the Paperwork Reduction Act; Technical Amendment AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: In compliance with the Paperwork Reduction Act (PRA), this technical amendment updates the table that lists the Office of Management and Budget (OMB) control numbers issued under PRA for information collection requirements contained in EPA's regulations that are promulgated in title 40 of the Code of Federal Regulations (CFR). This technical amendment adds new approvals published in the Federal Register since January 8, 2016, and removes expired and terminated approvals. DATES: This final rule is effective April 5, 2016. ADDRESSES: The docket for this action, identified by docket identification (ID) number EPA-HQ-OPPT-2014-0486, is available at http://www.regulations.gov or at the Office of Pollution Prevention and Toxics Docket (OPPT Docket), Environmental Protection Agency Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 1301 Constitution Ave. 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 OPPT Docket is (202) 566- 0280. Please review the visitor instructions and additional information about the docket available at http://www.epa.gov/dockets. FOR FURTHER INFORMATION CONTACT: Angela Hofmann, Regulatory Coordination Staff (7101M), Office of Chemical Safety and Pollution Prevention, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number: (202) 564-0258; email address: [email protected]. SUPPLEMENTARY INFORMATION: [[Page 19491]] I. Does this action apply to me? This action is directed to the public in general. This action may, however, be of interest to those persons who are concerned about OMB approval for information collections required by EPA regulations. Since other entities may also be interested, the Agency has not attempted to describe all the specific entities that may be affected by this action. II. Background A. Why is this technical amendment being issued? This document updates the OMB control numbers listed in 40 CFR part 9 for various regulations promulgated under the Toxic Substances Control Act (TSCA) (15 U.S.C. 2601), the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) (7 U.S.C. 136), and the Federal Food, Drug, and Cosmetic Act (FFDCA) (21 U.S.C. 408). Under PRA (44 U.S.C. 3501 et seq.), an agency may not conduct or sponsor, and a person is not required to respond to an information collection request unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations are codified in title 40 of the CFR, after appearing in the preamble of the final rule. These numbers are listed in 40 CFR part 9, displayed in a subsequent publication in the Federal Register, or displayed by other appropriate means, such as on a related collection instrument or form, or as part of the instructions to respondents. The display of OMB control numbers in certain EPA regulations is consolidated in 40 CFR part 9. In addition to displaying the applicable OMB control number in the final rule and on the applicable collection instruments, the Office of Chemical Safety and Pollution Prevention (OCSPP) has also typically listed the OMB control number in the table at 40 CFR 9.1 for regulations it has issued under TSCA, FIFRA, and FFDCA. With this technical amendment, OCSPP is updating the table in 40 CFR 9.1 to list the new OMB control number that replaces the two OMB control numbers that have been consolidated under the new OMB control number. B. Why is this technical amendment issued as a final rule? The information collection activities referenced in this document were previously subject to public notice and comment as part of the rulemaking process, and this action does not in any way affect the referenced information collection activities or rulemakings. This action only amends the table at 40 CFR 9.1 to update the list of OMB control numbers listed there. Due to the technical nature of the table, EPA finds that further notice and comment about amending the table is unnecessary. As a result, EPA finds that there is ``good cause'' under section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)(3)(B)), to amend this table without further notice and comment. C. What specific changes are being made? On January 8, 2016, OMB approved the consolidation of three existing, approved OMB control numbers into a single, new OMB control number. Specifically, OMB control numbers 2070-0155, 2070-0158, and 2070-0181 were consolidated into a single information collection approved under OMB control number 2070-0195. This consolidated OMB control number covers the information collection activities imposed on entities conducting lead-based paint related activities. The previous OMB control numbers for these information collection activities will be discontinued. III. Statutory and Executive Order Reviews This action implements technical amendments to 40 CFR part 9 to reflect changes to OMB approvals under PRA. It does not otherwise impose or amend any requirements. As such, this action does not require review by OMB under Executive Order 12866, entitled ``Regulatory Planning and Review'' (58 FR 51735, October 4, 1993), the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), or Executive Order 13045, entitled ``Protection of Children from Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997). Nor does it 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 (UMRA) (2 U.S.C. 1501 et seq.). This action will not have substantial direct effects on State or tribal governments, on the relationship between the Federal Government and States or Indian tribes, or on the distribution of power and responsibilities between the Federal Government and States or Indian tribes. As such, it will not have any ``federalism implications'' as described by Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 10, 1999) or ``tribal implications'' as described by Executive Order 13175, entitled ``Consultation and Coordination with Indian Tribal Governments'' (65 FR 67249, November 9, 2000). Nor does it 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 (15 U.S.C. 272 note), environmental justice-related issues that would require consideration under Executive Order 12898, entitled ``Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations'' (59 FR 7629, February 16, 1994), or otherwise involve anything that would have any adverse effect on the supply, distribution, or use of energy that would require consideration under Executive Order 13211, entitled ``Actions Concerning Regulations that Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). In addition, since 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.). IV. 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 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: March 29, 2016. James Jones, Assistant Administrator, Office of Chemical Safety and Pollution Prevention. Therefore, 40 CFR chapter I is amended as follows: PART 9--OMB APPROVALS UNDER THE PAPERWORK REDUCTION ACT 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., [[Page 19492]] 6901-6992k, 7401-7671q, 7542, 9601-9657, 11023, 11048. 0 2. In Sec. [emsp14]9.1, the table is amended by revising the undesignated center heading ``Lead-Based Paint Poisioning Prevention in Certain Residential Structures'' to read ``Lead-Based Paint Poisoning Prevention in Certain Residential Structures'' and revising the following entries underneath it: 0 a. Part 745, subpart E; 0 b. Part 745, subpart L; and 0 c. Part 745, subpart Q. The revisions read as follows: Sec. 9.1 OMB approvals under the Paperwork Reduction Act. * * * * * ------------------------------------------------------------------------ 40 CFR citation OMB control No. ------------------------------------------------------------------------ * * * * * ------------------------------------------------------------------------ Lead-Based Paint Poisoning Prevention in Certain Residential Structures ------------------------------------------------------------------------ Part 745, subpart E....................... 2070-0195 * * * * * Part 745, subpart L....................... 2070-0195 Part 745, subpart Q....................... 2070-0195 * * * * * ------------------------------------------------------------------------ * * * * * [FR Doc. 2016-07797 Filed 4-4-16; 8:45 am] BILLING CODE 6560-50-P
![19490 Federal Register / Vol. 81, No. 65 / Tuesday, April 5, 2016 / Rules and Regulations
because it does not have a substantial List of Subjects in 33 CFR Part 165 Dated: March 29, 2016.
direct effect on one or more Indian D.G. McClellan,
tribes, on the relationship between the Harbors, Marine safety, Navigation Captain, U.S. Coast Guard, Captain of the
Federal Government and Indian tribes, (waters), Reporting and recordkeeping Port Morgan City, Louisiana.
or on the distribution of power and requirements, Security measures, [FR Doc. 2016–07541 Filed 4–4–16; 8:45 am]
responsibilities between the Federal Waterways.
BILLING CODE 9110–04–P
Government and Indian tribes. If you For the reasons discussed in the
believe this rule has implications for preamble, the Coast Guard amends 33
federalism or Indian tribes, please CFR part 165 as follows: ENVIRONMENTAL PROTECTION
contact the person listed in the FOR
AGENCY
FURTHER INFORMATION CONTACT section PART 165—REGULATED NAVIGATION
above. AREAS AND LIMITED ACCESS AREAS 40 CFR Part 9
E. Unfunded Mandates Reform Act [EPA–HQ–OPPT–2014–0486; FRL–9943–62]
■ 1. The authority citation for part 165
The Unfunded Mandates Reform Act continues to read as follows:
of 1995 (2 U.S.C. 1531–1538) requires OMB Approvals Under the Paperwork
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; Reduction Act; Technical Amendment
Federal agencies to assess the effects of 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
their discretionary regulatory actions. In Department of Homeland Security Delegation AGENCY: Environmental Protection
particular, the Act addresses actions No. 0170.1. Agency (EPA).
that may result in the expenditure by a ACTION: Final rule.
State, local, or tribal government, in the ■ 2. Add § 165.T08–1121 to read as
aggregate, or by the private sector of follows: SUMMARY: In compliance with the
$100,000,000 (adjusted for inflation) or Paperwork Reduction Act (PRA), this
more in any one year. Though this rule § 165.T08–1121 Safety Zone; Bayou Teche, technical amendment updates the table
will not result in such expenditure, we Crude Oil Spill; Jeanerette, LA.
that lists the Office of Management and
do discuss the effects of this rule (a) Location. The following area is a Budget (OMB) control numbers issued
elsewhere in this preamble. safety zone: All waters of Bayou Teche under PRA for information collection
F. Environment from Jeanerette, LA to Linwood, LA. requirements contained in EPA’s
(b) Definitions. As used in this regulations that are promulgated in title
We have analyzed this rule under 40 of the Code of Federal Regulations
section, designated representative
Department of Homeland Security (CFR). This technical amendment adds
means a Coast Guard Patrol
Management Directive 023–01 and new approvals published in the Federal
Commander, including a Coast Guard
Commandant Instruction M16475.lD, Register since January 8, 2016, and
coxswain, petty officer, or other officers
which guide the Coast Guard in removes expired and terminated
operating a Coast Guard vessel and a
complying with the National approvals.
Federal, State, and local officer
Environmental Policy Act of 1969 (42
designated by or assisting the Captain of DATES: This final rule is effective April
U.S.C. 4321–4370f), and have
the Port (COTP) Morgan City in the 5, 2016.
determined that this action is one of a
category of actions that do not enforcement of the safety zones. ADDRESSES: The docket for this action,
individually or cumulatively have a (c) Regulations. (1) Under the general identified by docket identification (ID)
significant effect on the human safety zone regulations in 33 CFR part number EPA–HQ–OPPT–2014–0486, is
environment. This rule involves a safety 165 subpart C, you may not enter the available at http://www.regulations.gov
zone lasting less than 20 days that will safety zones described in paragraph (a) or at the Office of Pollution Prevention
prohibit entry in all navigable waters of of this section unless authorized by the and Toxics Docket (OPPT Docket),
the Bayou Teche from Jeanerette, LA to COTP or the COTP’s designated Environmental Protection Agency
Linwood, LA. It is categorically representative. Docket Center (EPA/DC), West William
excluded from further review under Jefferson Clinton Bldg., Rm. 3334, 1301
(2) To seek permission to enter, Constitution Ave. NW., Washington,
paragraph 34(g) of Figure 2–1 of the contact the COTP or the COTP’s
Commandant Instruction. An DC. The Public Reading Room is open
representative via VHF–FM channel 16, from 8:30 a.m. to 4:30 p.m., Monday
environmental analysis checklist or through Coast Guard Marine Safety
supporting this determination and a through Friday, excluding legal
Unit Morgan City at 985–380–5334. holidays. The telephone number for the
Categorical Exclusion Determination are Those in the safety zones must comply
available in the docket where indicated Public Reading Room is (202) 566–1744,
with all lawful orders or directions and the telephone number for the OPPT
under ADDRESSES. We seek any given to them by the COTP or the
comments or information that may lead Docket is (202) 566–0280. Please review
COTP’s designated representative. the visitor instructions and additional
to the discovery of a significant
environmental impact from this rule. (d) Enforcement period. This rule will information about the docket available
be enforced from March 29, 2016 at http://www.epa.gov/dockets.
G. Protest Activities through April 15, 2016 or until FOR FURTHER INFORMATION CONTACT:
The Coast Guard respects the First emergency spill response efforts are Angela Hofmann, Regulatory
Amendment rights of protesters. complete, whichever occurs earlier. Coordination Staff (7101M), Office of
Protesters are asked to contact the (e) Informational broadcasts. The Chemical Safety and Pollution
Lhorne on DSK5TPTVN1PROD with RULES
person listed in the FOR FURTHER COTP or a designated representative Prevention, Environmental Protection
INFORMATION CONTACT section to will inform the public through Agency, 1200 Pennsylvania Ave. NW.,
coordinate protest activities so that your broadcasts notice to mariners of the Washington, DC 20460–0001; telephone
message can be received without enforcement period for the emergency number: (202) 564–0258; email address:
jeopardizing the safety or security of safety zones as well as any changes in hofmann.angela@epa.gov.
people, places or vessels. the dates and times of enforcement. SUPPLEMENTARY INFORMATION:
VerDate Sep<11>2014 13:15 Apr 04, 2016 Jkt 238001 PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 E:\FR\FM\05APR1.SGM 05APR1](https://thefederalregister.org/doc/81_FR_19555/page/1.svg)
![19492 Federal Register / Vol. 81, No. 65 / Tuesday, April 5, 2016 / Rules and Regulations
6901–6992k, 7401–7671q, 7542, 9601–9657, emissions inventories to be acceptable Plan’’) and related documentation.1
11023, 11048. and to approve the reasonably available More specifically, we proposed to
■ 2. In § 9.1, the table is amended by control measures demonstration, the approve all of the elements contained in
revising the undesignated center rate of progress demonstrations, the the 2013 Ozone Plan, with the exception
heading ‘‘Lead-Based Paint Poisioning attainment demonstration, contingency of the attainment contingency
Prevention in Certain Residential measures for failure to meet rate of provisions for which the EPA is
Structures’’ to read ‘‘Lead-Based Paint progress milestones, the provisions for deferring action, based on the
Poisoning Prevention in Certain advanced technology/clean fuels for documentation contained in or
Residential Structures’’ and revising the boilers, and the demonstration that the submitted with the plan itself and
following entries underneath it: plan provides sufficient transportation supplemental documentation provided
■ a. Part 745, subpart E; control strategies and measures to offset by CARB on June 19, 2014 related to the
■ b. Part 745, subpart L; and emissions increases due to increases in vehicle-miles-traveled (VMT) emissions
■ c. Part 745, subpart Q. motor vehicle activity. For the 1997 8- offset requirement in CAA section
The revisions read as follows: hour ozone standard, the EPA is taking 182(d)(1)(A).
final action to approve the As explained in more detail in our
§ 9.1 OMB approvals under the Paperwork demonstration that the plan provides proposed rule, the 2013 Ozone Plan was
Reduction Act. sufficient transportation control prepared by the San Joaquin Valley
* * * * * strategies and measures to offset Unified Air Pollution Control District
emissions increases due to increases in (SJVUACPD or ‘‘District’’) and CARB in
motor vehicle activity. response to the EPA’s regulatory
DATES: This rule is effective on May 5, responses to two specific court
OMB control decisions issued by the Ninth Circuit
40 CFR citation No. 2016.
ADDRESSES: The EPA has established a Court of Appeals (‘‘Ninth Circuit’’),2 one
docket for this action under Docket ID of which remanded to the EPA the
* * * * * Number EPA–R09–OAR–2015–0048. approval of the previous San Joaquin
Generally, documents in the docket for Valley 1-hour ozone plan. Although the
Lead-Based Paint Poisoning Prevention in 1-hour ozone national ambient air
Certain Residential Structures
this action are available electronically at
www.regulations.gov and in hard copy quality standard has been revoked,
at EPA Region IX, 75 Hawthorne Street, certain SIP requirements that had
Part 745, subpart E ................ 2070–0195
San Francisco, California. While all applied to 1-hour ozone nonattainment
* * * * * documents in the docket are listed at areas, such as the San Joaquin Valley, at
Part 745, subpart L ................ 2070–0195 www.regulations.gov, some information the time of revocation continue to apply
Part 745, subpart Q ................ 2070–0195 may be publicly available only at the under ‘‘anti-backsliding’’ regulations
hard copy location (e.g., copyrighted that the EPA promulgated to govern the
* * * * *
material, large maps), and some may not transition from the 1-hour ozone
be publicly available in either location standard to the 8-hour ozone standard.
* * * * * In our proposed rule, we also
[FR Doc. 2016–07797 Filed 4–4–16; 8:45 am]
(e.g., confidential business information
or ‘‘CBI’’). To inspect the hard copy discussed the implications on our action
BILLING CODE 6560–50–P
materials, please schedule an on the 2013 Ozone Plan of a third Ninth
appointment during normal business Circuit decision, Committee for a Better
hours with the contact listed in the FOR Arvin v. EPA, 786 F.3d 1169 (9th Cir.
ENVIRONMENTAL PROTECTION 2015)(‘‘Committee for a Better Arvin’’),
AGENCY FURTHER INFORMATION CONTACT section.
and indicated that, in response to the
FOR FURTHER INFORMATION CONTACT: John
decision in Committee for a Better
40 CFR Part 52 Ungvarsky, Air Planning Office (AIR–2),
Arvin, the EPA had proposed in a
U.S. Environmental Protection Agency,
[EPA–R09–OAR–2015–0048; FRL–9943–78– separate rulemaking (i.e., 80 FR 69915
Region 9] Region 9, (415) 972–3963,
(November 12, 2015)) to approve (as a
ungvarsky.john@epa.gov.
revision to the California SIP) a number
Clean Air Plans; 1-Hour and 1997 8- SUPPLEMENTARY INFORMATION: of CARB mobile source regulations for
Hour Ozone Nonattainment Area Throughout this document, ‘‘we,’’ ‘‘us’’ which the EPA has issued waivers or
Requirements; San Joaquin Valley, and ‘‘our’’ refer to the EPA. authorizations under CAA section 209
California (referred to herein as ‘‘waiver
Table of Contents
AGENCY: Environmental Protection measures.’’) See our January 15, 2016
I. Proposed Action proposed rule at 81 FR 2141–2144.
Agency (EPA). II. Public Comments
ACTION: Final rule. III. Final Action
1 Ground-level ozone is formed when oxides of
IV. Statutory and Executive Order Reviews
SUMMARY: The Environmental Protection nitrogen (NOX) and volatile organic compounds
Agency (EPA) is taking final action to I. Proposed Action (VOC) react in the presence of sunlight. The 1-hour
ozone national ambient air quality standard is 0.12
approve a state implementation plan On January 15, 2016 (81 FR 2140), the parts per million (ppm) averaged over a 1-hour
revision submitted by the State of EPA proposed, under section 110(k)(3) period (‘‘1-hour ozone standard’’). See 40 CFR 50.9.
California to provide for attainment of of the Clean Air Act (CAA or ‘‘Act’’), to 2 The two cases are Sierra Club v. EPA, 671 F.3d
the 1-hour ozone national ambient air 955 (9th Cir. 2012)(Remand of the EPA’s approval
approve a revision to the California state
Lhorne on DSK5TPTVN1PROD with RULES
of previous San Joaquin Valley 1-hour ozone
quality standard in the San Joaquin implementation plan (SIP) submitted by plan)(‘‘Sierra Club’’); and Association of Irritated
Valley, California ozone nonattainment the California Air Resources Board Residents v. EPA, 632 F.3d. 584, at 596–597 (9th
area and to meet other Clean Air Act (CARB) on December 20, 2013. The SIP Cir. 2011), reprinted as amended on January 27,
requirements. Specifically, with respect 2012, 686 F.3d 668, further amended February 13,
submittal consists of the San Joaquin 2012 (Remand of the EPA’s approval of the state’s
to the 1-hour ozone standard, the EPA Valley’s ‘‘2013 Plan for the Revoked 1- VMT emissions offset demonstration for the South
is taking final action to find the Hour Ozone Standard’’ (‘‘2013 Ozone Coast)(‘‘Association of Irritated Residents’’).
VerDate Sep<11>2014 13:15 Apr 04, 2016 Jkt 238001 PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 E:\FR\FM\05APR1.SGM 05APR1](https://thefederalregister.org/doc/81_FR_19555/page/3.svg)
Document Created: 2018-02-07 13:53:35
Document Modified: 2018-02-07 13:53:35
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This final rule is effective April 5, 2016. | |
| Contact | Angela Hofmann, Regulatory Coordination Staff (7101M), Office of Chemical Safety and Pollution Prevention, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number: (202) 564-0258; email | |
| FR Citation | 81 FR 19490 | |
| CFR Associated | Environmental Protection and Reporting and Recordkeeping Requirements |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR