Change of Official Office of Pollution Prevention and Toxics' Mailing Address; Technical Amendments, 33640-33642 [E6-9078]
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33640
Federal Register / Vol. 71, No. 112 / Monday, June 12, 2006 / Rules and Regulations
March 10, 2003, unless designated for
coverage before then.
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I. General Information
[FR Doc. E6–9079 Filed 6–9–06; 8:45 am]
This action is directed to the public
in general, and has particular
applicability to anyone who might need
or want to communicate in writing with
OPPT or submit information to OPPT.
Since this action may apply to anyone,
OPPT has not attempted to describe all
the specific entities that may be affected
by this action. If you have any questions
regarding the applicability of this action
to a particular entity, consult the person
listed under FOR FURTHER INFORMATION
CONTACT.
A. Does this Action Apply to Me?
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 704, 707, 717, 720, 721,
723, 761, 790, and 799
[EPA–HQ–OPPT–2006–0405; FRL–7336–5]
Change of Official Office of Pollution
Prevention and Toxics’ Mailing
Address; Technical Amendments
Environmental Protection
Agency (EPA).
ACTION: Final rule.
sroberts on PROD1PC70 with RULES
AGENCY:
SUMMARY: EPA’s Office of Pollution
Prevention and Toxics (OPPT) has
discovered an error in the mailing
address that appears in certain sections
of 40 CFR chapter I, subchapter R. By
these technical amendments, OPPT
corrects those errors.
DATES: This final rule is effective June
12, 2006.
ADDRESSES: EPA has established a
docket for this action under docket
identification (ID) number EPA–HQ–
OPPT–2006–0405. All documents in the
docket are listed on the regulations.gov
Web site. Although listed in the index,
some information is not publicly
available, i.e., Confidential Business
Information (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 at https://
www.regulations.gov or in hard copy at
the OPPT Docket, EPA Docket Center
(EPA/DC), EPA West, Rm. B102, 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.
FOR FURTHER INFORMATION CONTACT:
Colby Lintner, Regulatory Coordinator,
Environmental Assistance Division
(7408M), Office of Pollution Prevention
and Toxics, Environmental Protection
Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460–0001; telephone
number: (202) 554–1404; e-mail address:
TSCA-Hotline@epa.gov.
SUPPLEMENTARY INFORMATION:
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B. How Can I Access Electronic Copies
of this Document?
In addition to accessing an electronic
copy of this Federal Register document
through the electronic docket at https://
www.regulations.gov, you may access
this Federal Register document
electronically through the EPA Internet
under the ‘‘Federal Register’’ listings at
https://www.epa.gov/fedrgstr. You may
also access a frequently updated
electronic version of 40 CFR parts 704,
707, 717, 720, 721, 723, 761, 790, and
799 through the Government Printing
Office’s pilot e-CFR site at https://
www.gpoaccess.gov/ecfr.
II. Background
A. What Action is the Agency Taking?
In this technical amendments
document, OPPT is correcting errors
found in the mailing address in certain
sections in 40 CFR chapter I, subchapter
R.
B. What is the Agency’s Authority for
Taking this Action?
This document is issued by OPPT
under its general rulemaking authority,
the Toxic Substances Control Act
(TSCA) (15 U.S.C. 2601 et seq.). In
addition, 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 rule without providing notice
and an opportunity for public comment.
OPPT has determined that there is good
cause for making this a rule final
without prior proposal and opportunity
for comment. OPPT has determined that
these amendments are technical and
non-substantive. Thus, notice and
public procedure are unnecessary.
OPPT finds that this constitutes good
cause under 5 U.S.C. 553(b)(3)(B).
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III. Do Any of the Statutory and
Executive Order Reviews Apply to this
Action?
No. This final rule implements
technical amendments to 40 CFR
chapter I, subchapter R, to correctly
reflect the change in OPPT’s official
mailing address, and it does not
otherwise impose or amend any
requirements. As such, the Office of
Management and Budget (OMB) has
determined that a technical correction is
not a ‘‘significant regulatory action’’
subject to review by OMB under
Executive Order 12866, entitled
Regulatory Planning and Review (58 FR
51735, October 4, 1993). Nor does this
rule contain any information collection
requirements that require review and
approval by OMB pursuant to the
Paperwork Reduction Act of 1995 (PRA)
(44 U.S.C. 3501 et seq.). Because this
action is not economically significant as
defined by section 3(f) of Executive
Order 12866, this action is not subject
to Executive Order 13045, entitled
Protection of Children from
Environmental Health Risks and Safety
Risks (62 FR 19885, April 23, 1997).
This action will not result in
environmental justice related issues and
does not, therefore, require special
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). Since the Agency has made a
‘‘good cause’’ finding that this action is
not subject to notice-and-comment
requirements under the APA or any
other statute (see Unit II.B.), this action
is not subject to provisions of the
Regulatory Flexibility Act (RFA) (5
U.S.C. 601 et seq.), or to sections 202
and 205 of the Unfunded Mandates
Reform Act of 1995 (UMRA) (Public
Law 104–4). 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
UMRA. Nor does this action
significantly or uniquely affect the
communities of tribal governments as
specified by Executive Order 13175,
entitled Consultation and Coordination
with Indian Tribal Governments (65 FR
67249, November 6, 2000). This rule
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). This action does not
E:\FR\FM\12JNR1.SGM
12JNR1
33641
Federal Register / Vol. 71, No. 112 / Monday, June 12, 2006 / Rules and Regulations
involve any technical standards that
require the Agency’s consideration of
voluntary consensus standards pursuant
to section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 104–
113, section 12(d) (15 U.S.C. 272 note).
This rule is not subject to Executive
Order 13211, entitled Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use (66 FR 28355, May
22, 2001), because this action is not
expected to affect energy supply,
distribution, or use. In issuing this rule,
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, entitled
Civil Justice Reform (61 FR 4729,
February 7, 1996). EPA has complied
with Executive Order 12630, entitled
Governmental Actions and Interference
with Constitutionally Protected Property
Rights (53 FR 8859, March 15, 1988), by
examining the takings implications of
this rule in accordance with the
‘‘Attorney General’s Supplemental
Guidelines for the Evaluation of Risk
and Avoidance of Unanticipated
Takings’’ issued under the Executive
order.
sroberts on PROD1PC70 with RULES
IV. Congressional Review Act
Yes. The Congressional Review Act
(CRA) (5 U.S.C. 801 et seq.) 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 of CRA 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 therefore, and established an
effective date of June 12, 2006. 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).
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18:28 Jun 09, 2006
Jkt 208001
Therefore, 40 CFR chapter I is
amended as follows:
(2) Hand delivery to OPPT Document
Control Office (DCO), EPA East, Rm.
6428, 1201 Constitution Ave., NW.,
Washington, DC, ATTN: TSCA 12(b)
Notice. The DCO is open from 8 a.m. to
4 p.m., Monday through Friday,
excluding legal holidays. The telephone
number for the DCO is (202) 564–8930.
Such deliveries are only accepted
during the DCO’s normal hours of
operation.
PART 704—[AMENDED]
PART 717—[AMENDED]
1. The authority citation for part 704
continues to read as follows:
I
List of Subjects in 40 CFR Parts 704,
707, 717, 720, 721, 723, 761, 790, 799
Environmental protection,
Administrative practice and procedure.
Dated: May 25, 2006.
Margaret N. Schneider,
Acting Assistant Administrator, Office of
Prevention, Pesticides and Toxic Substances.
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6. The authority citation for part 717
continues to read as follows:
Authority: 15 U.S.C. 2607(c).
Authority: 15 U.S.C. 2607(a).
§ § 704.9 and 704.25
§ 717.17
[Amended]
[Amended]
2. By removing the phrase ‘‘Document
Control Office (7407), Office of
Pollution Prevention and Toxics, U.S.
Environmental Protection Agency,
Room G–099, 1200 Pennsylvania Ave.,
NW., Washington, DC 20460, ATT:’’ and
adding in its place ‘‘Document Control
Office (DCO) (7407M), Office of
Pollution Prevention and Toxics
(OPPT), Environmental Protection
Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460–0001, ATTN:’’
in § § 704.9 and 704.25(g).
7. By removing the phrase ‘‘Document
Control Office (7407), Office of
Pollution Prevention and Toxics, U.S.
Environmental Protection Agency,
Room G–099, 1200 Pennsylvania Ave.,
NW., Washington, DC 20460’’ and
adding in its place ‘‘Document Control
Office (DCO) (7407M), Office of
Pollution Prevention and Toxics
(OPPT), Environmental Protection
Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460–0001’’ in
§ 717.17(c).
§ 704.104
PART 720—[AMENDED]
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[Amended]
3. By removing the phrase ‘‘Document
Control Office (7407), Office of
Pollution Prevention and Toxics, U.S.
Environmental Protection Agency,
Room G–099, 1200 Pennsylvania Ave.,
NW., Washington, DC 20460’’ and
adding in its place ‘‘Document Control
Office (DCO) (7407M), Office of
Pollution Prevention and Toxics
(OPPT), Environmental Protection
Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460–0001’’ in
§ 704.104(g).
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PART 707—[AMENDED]
4. The authority citation for part 707
continues to read as follows:
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Authority: 15 U.S.C. 2611(b) and 2612.
5. By revising paragraph (c) in
§ 707.65 to read as follows:
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§ 707.65
Submission to agency.
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(c) You must submit TSCA section
12(b) notices by one of the following
methods:
(1) Mail to the Document Control
Office (DCO) (7407M), Office of
Pollution Prevention and Toxics
(OPPT), Environmental Protection
Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460–0001, ATTN:
TSCA 12(b) Notice.
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8. The authority citation for part 720
continues to read as follows:
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Authority: 15 U.S.C. 2604, 2607, and 2613.
§ § 720.75 and 720.102
[Amended]
9. By removing the phrase ‘‘Document
Control Office (7407), Office of
Pollution Prevention and Toxics, U.S.
Environmental Protection Agency,
Room G–099, 1200 Pennsylvania Ave.,
NW., Washington, DC 20460’’ and
adding in its place ‘‘Document Control
Office (DCO) (7407M), Office of
Pollution Prevention and Toxics
(OPPT), Environmental Protection
Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460–0001’’ in
§ § 720.75(b)(2) and (e)(1) and
720.102(d).
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PART 721—[AMENDED]
10. The authority citation for part 721
continues to read as follows:
I
Authority: 15 U.S.C. 2604, 2607, and
2625(c).
§ § 721.11, 721.30, and 721.185
[Amended]
11. By removing the phrase
‘‘Document Control Office (7407), Office
of Pollution Prevention and Toxics, U.S.
Environmental Protection Agency,
Room G–099, 1200 Pennsylvania Ave.,
I
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Federal Register / Vol. 71, No. 112 / Monday, June 12, 2006 / Rules and Regulations
NW., Washington, DC 20460’’ and
adding in its place ‘‘Document Control
Office (DCO) (7407M), Office of
Pollution Prevention and Toxics
(OPPT), Environmental Protection
Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460–0001’’ in
§ § 721.11(b) introductory text, 721.30(b)
introductory text, and 721.185(b)(1).
PART 761—[AMENDED]
DEPARTMENT OF HOMELAND
SECURITY
15. The authority citation for part 761
continues to read as follows:
I
Authority: 15 U.S.C. 2605, 2607, 2611,
2614, and 2616.
§ § 761.185 and 761.187
[Amended]
16. By removing the phrase
‘‘Document Control Office (7407), Office
of Pollution Prevention and Toxics, U.S.
Environmental Protection Agency,
Room G–099, 1200 Pennsylvania Ave.,
NW., Washington, DC 20460’’ and
adding in its place ‘‘Document Control
Office (DCO) (7407M), Office of
Pollution Prevention and Toxics
(OPPT), Environmental Protection
Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460–0001’’ in
§ § 761.185(f) and 761.187(d).
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PART 723—[AMENDED]
12. The authority citation for part 723
continues to read as follows:
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Authority: 15 U.S.C. 2604.
§ 723.50
[Amended]
13. Section 723.50, paragraph (e)(1) is
amended as follows:
I a. By removing the phrase ‘‘TSCA
Document Control Officer (7407), Office
of Pollution Prevention and Toxics, U.S.
Environmental Protection Agency,
Room G–099, 1200 Pennsylvania Ave.,
NW., Washington, DC 20460’’ and
adding in its place ‘‘TSCA Document
Control Officer, Document Control
Office (DCO) (7407M), Office of
Pollution Prevention and Toxics
(OPPT), Environmental Protection
Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460–0001’’.
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b. By removing the phrase ‘‘EPA by
writing the Environmental Assistance
Division, (7408), Office of Pollution
Prevention and Toxics, Environmental
Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460, or by
calling the TSCA Assistance
Information Service at (202) 554–1404;
TDD (202) 554–0551; online service
modem (202) 554–5603’’ and adding its
place ‘‘the Environmental Assistance
Division (7408M), Office of Pollution
Prevention and Toxics (OPPT),
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460–0001; telephone number:
(202) 554–1404; e-mail address: TSCAHotline@epa.gov’’.
I
§ 723.175
14. By removing the phrase
‘‘Document Control Office (7407), Office
of Pollution Prevention and Toxics, U.S.
Environmental Protection Agency,
Room G–099, 1200 Pennsylvania Ave.,
NW., Washington, DC 20460’’ and
adding in its place ‘‘Document Control
Office (DCO) (7407M), Office of
Pollution Prevention and Toxics
(OPPT), Environmental Protection
Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460–0001’’ in
§ 723.175(i)(3).
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18:28 Jun 09, 2006
17. The authority citation for part 790
continues to read as follows:
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Authority: 15 U.S.C. 2603.
§ 790.5
[Amended]
18. By removing the phrase
‘‘Document Control Office (7407), Office
of Pollution Prevention and Toxics, U.S.
Environmental Protection Agency,
Room G–099, 1200 Pennsylvania Ave.,
NW., Washington, DC 20460’’ and
adding in its place ‘‘Document Control
Office (DCO) (7407M), Office of
Pollution Prevention and Toxics
(OPPT), Environmental Protection
Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460–0001’’ in
§ 790.5(b).
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PART 799—[AMENDED]
19. The authority citation for part 799
continues to read as follows:
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Authority: 15 U.S.C. 2603, 2611, 2625.
§ 799.5
[Amended]
20. By removing the phrase
‘‘Document Control Office (7407), Office
of Pollution Prevention and Toxics, U.S.
Environmental Protection Agency,
Room G–099, 1200 Pennsylvania Ave.,
NW., Washington, DC 20460’’ and
adding in its place ‘‘Document Control
Office (DCO) (7407M), Office of
Pollution Prevention and Toxics
(OPPT), Environmental Protection
Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460–0001’’ in
§ 799.5.
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[Amended]
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BILLING CODE 6560–50–S
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Federal Emergency Management
Agency
44 CFR Part 64
[Docket No. FEMA–7929]
Suspension of Community Eligibility
Mitigation Division, Federal
Emergency Management Agency
(FEMA), Department of Homeland
Security.
ACTION: Final rule.
AGENCY:
SUMMARY: This rule identifies
communities, where the sale of flood
insurance has been authorized under
the National Flood Insurance Program
(NFIP), that are scheduled for
suspension on the effective dates listed
within this rule because of
noncompliance with the floodplain
management requirements of the
program. If FEMA receives
documentation that the community has
adopted the required floodplain
management measures prior to the
effective suspension date given in this
rule, the suspension will not occur and
a notice of this will be provided by
publication in the Federal Register on a
subsequent date.
EFFECTIVE DATES: The effective date of
each community’s scheduled
suspension is the third date (‘‘Susp.’’)
listed in the third column of the
following tables.
ADDRESSES: If you want to determine
whether a particular community was
suspended on the suspension date,
contact the appropriate FEMA Regional
Office.
FOR FURTHER INFORMATION CONTACT:
William H. Lesser, Mitigation Division,
500 C Street SW., Washington, DC
20472, (202) 646–2807.
SUPPLEMENTARY INFORMATION: The NFIP
enables property owners to purchase
flood insurance which is generally not
otherwise available. In return,
communities agree to adopt and
administer local floodplain management
aimed at protecting lives and new
construction from future flooding.
Section 1315 of the National Flood
Insurance Act of 1968, as amended, 42
U.S.C. 4022, prohibits flood insurance
coverage as authorized under the NFIP,
42 U.S.C. 4001 et seq.; unless an
appropriate public body adopts
adequate floodplain management
measures with effective enforcement
measures. The communities listed in
this document no longer meet that
statutory requirement for compliance
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]]>Agencies
[Federal Register Volume 71, Number 112 (Monday, June 12, 2006)]
[Rules and Regulations]
[Pages 33640-33642]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-9078]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 704, 707, 717, 720, 721, 723, 761, 790, and 799
[EPA-HQ-OPPT-2006-0405; FRL-7336-5]
Change of Official Office of Pollution Prevention and Toxics'
Mailing Address; Technical Amendments
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA's Office of Pollution Prevention and Toxics (OPPT) has
discovered an error in the mailing address that appears in certain
sections of 40 CFR chapter I, subchapter R. By these technical
amendments, OPPT corrects those errors.
DATES: This final rule is effective June 12, 2006.
ADDRESSES: EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPPT-2006-0405. All documents in the
docket are listed on the regulations.gov Web site. Although listed in
the index, some information is not publicly available, i.e.,
Confidential Business Information (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 at https://
www.regulations.gov or in hard copy at the OPPT Docket, EPA Docket
Center (EPA/DC), EPA West, Rm. B102, 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.
FOR FURTHER INFORMATION CONTACT: Colby Lintner, Regulatory Coordinator,
Environmental Assistance Division (7408M), Office of Pollution
Prevention and Toxics, Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:
(202) 554-1404; e-mail address: TSCA-Hotline@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this Action Apply to Me?
This action is directed to the public in general, and has
particular applicability to anyone who might need or want to
communicate in writing with OPPT or submit information to OPPT. Since
this action may apply to anyone, OPPT has not attempted to describe all
the specific entities that may be affected by this action. If you have
any questions regarding the applicability of this action to a
particular entity, consult the person listed under FOR FURTHER
INFORMATION CONTACT.
B. How Can I Access Electronic Copies of this Document?
In addition to accessing an electronic copy of this Federal
Register document through the electronic docket at https://
www.regulations.gov, you may access this Federal Register document
electronically through the EPA Internet under the ``Federal Register''
listings at https://www.epa.gov/fedrgstr. You may also access a
frequently updated electronic version of 40 CFR parts 704, 707, 717,
720, 721, 723, 761, 790, and 799 through the Government Printing
Office's pilot e-CFR site at https://www.gpoaccess.gov/ecfr.
II. Background
A. What Action is the Agency Taking?
In this technical amendments document, OPPT is correcting errors
found in the mailing address in certain sections in 40 CFR chapter I,
subchapter R.
B. What is the Agency's Authority for Taking this Action?
This document is issued by OPPT under its general rulemaking
authority, the Toxic Substances Control Act (TSCA) (15 U.S.C. 2601 et
seq.). In addition, 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
rule without providing notice and an opportunity for public comment.
OPPT has determined that there is good cause for making this a rule
final without prior proposal and opportunity for comment. OPPT has
determined that these amendments are technical and non-substantive.
Thus, notice and public procedure are unnecessary. OPPT finds that this
constitutes good cause under 5 U.S.C. 553(b)(3)(B).
III. Do Any of the Statutory and Executive Order Reviews Apply to this
Action?
No. This final rule implements technical amendments to 40 CFR
chapter I, subchapter R, to correctly reflect the change in OPPT's
official mailing address, and it does not otherwise impose or amend any
requirements. As such, the Office of Management and Budget (OMB) has
determined that a technical correction is not a ``significant
regulatory action'' subject to review by OMB under Executive Order
12866, entitled Regulatory Planning and Review (58 FR 51735, October 4,
1993). Nor does this rule contain any information collection
requirements that require review and approval by OMB pursuant to the
Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501 et seq.). Because
this action is not economically significant as defined by section 3(f)
of Executive Order 12866, this action is not subject to Executive Order
13045, entitled Protection of Children from Environmental Health Risks
and Safety Risks (62 FR 19885, April 23, 1997). This action will not
result in environmental justice related issues and does not, therefore,
require special 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).
Since the Agency has made a ``good cause'' finding that this action is
not subject to notice-and-comment requirements under the APA or any
other statute (see Unit II.B.), this action is not subject to
provisions of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et
seq.), or to sections 202 and 205 of the Unfunded Mandates Reform Act
of 1995 (UMRA) (Public Law 104-4). 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 UMRA. Nor does this action significantly or uniquely affect the
communities of tribal governments as specified by Executive Order
13175, entitled Consultation and Coordination with Indian Tribal
Governments (65 FR 67249, November 6, 2000). This rule 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). This action does not
[[Page 33641]]
involve any technical standards that require the Agency's consideration
of voluntary consensus standards pursuant to section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (NTTAA),
Public Law 104-113, section 12(d) (15 U.S.C. 272 note). This rule is
not subject to Executive Order 13211, entitled Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use (66 FR 28355, May 22, 2001), because this action is not expected to
affect energy supply, distribution, or use. In issuing this rule, 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, entitled Civil Justice Reform (61 FR 4729, February 7,
1996). EPA has complied with Executive Order 12630, entitled
Governmental Actions and Interference with Constitutionally Protected
Property Rights (53 FR 8859, March 15, 1988), by examining the takings
implications of this rule in accordance with the ``Attorney General's
Supplemental Guidelines for the Evaluation of Risk and Avoidance of
Unanticipated Takings'' issued under the Executive order.
IV. Congressional Review Act
Yes. The Congressional Review Act (CRA) (5 U.S.C. 801 et seq.)
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 of CRA 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 therefore, and established an effective
date of June 12, 2006. 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 Parts 704, 707, 717, 720, 721, 723, 761,
790, 799
Environmental protection, Administrative practice and procedure.
Dated: May 25, 2006.
Margaret N. Schneider,
Acting Assistant Administrator, Office of Prevention, Pesticides and
Toxic Substances.
0
Therefore, 40 CFR chapter I is amended as follows:
PART 704--[AMENDED]
0
1. The authority citation for part 704 continues to read as follows:
Authority: 15 U.S.C. 2607(a).
Sec. Sec. 704.9 and 704.25 [Amended]
0
2. By removing the phrase ``Document Control Office (7407), Office of
Pollution Prevention and Toxics, U.S. Environmental Protection Agency,
Room G-099, 1200 Pennsylvania Ave., NW., Washington, DC 20460, ATT:''
and adding in its place ``Document Control Office (DCO) (7407M), Office
of Pollution Prevention and Toxics (OPPT), Environmental Protection
Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001, ATTN:''
in Sec. Sec. 704.9 and 704.25(g).
Sec. 704.104 [Amended]
0
3. By removing the phrase ``Document Control Office (7407), Office of
Pollution Prevention and Toxics, U.S. Environmental Protection Agency,
Room G-099, 1200 Pennsylvania Ave., NW., Washington, DC 20460'' and
adding in its place ``Document Control Office (DCO) (7407M), Office of
Pollution Prevention and Toxics (OPPT), Environmental Protection
Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001'' in
Sec. 704.104(g).
PART 707--[AMENDED]
0
4. The authority citation for part 707 continues to read as follows:
Authority: 15 U.S.C. 2611(b) and 2612.
0
5. By revising paragraph (c) in Sec. 707.65 to read as follows:
Sec. 707.65 Submission to agency.
* * * * *
(c) You must submit TSCA section 12(b) notices by one of the
following methods:
(1) Mail to the Document Control Office (DCO) (7407M), Office of
Pollution Prevention and Toxics (OPPT), Environmental Protection
Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001, ATTN:
TSCA 12(b) Notice.
(2) Hand delivery to OPPT Document Control Office (DCO), EPA East,
Rm. 6428, 1201 Constitution Ave., NW., Washington, DC, ATTN: TSCA 12(b)
Notice. The DCO is open from 8 a.m. to 4 p.m., Monday through Friday,
excluding legal holidays. The telephone number for the DCO is (202)
564-8930. Such deliveries are only accepted during the DCO's normal
hours of operation.
PART 717--[AMENDED]
0
6. The authority citation for part 717 continues to read as follows:
Authority: 15 U.S.C. 2607(c).
Sec. 717.17 [Amended]
0
7. By removing the phrase ``Document Control Office (7407), Office of
Pollution Prevention and Toxics, U.S. Environmental Protection Agency,
Room G-099, 1200 Pennsylvania Ave., NW., Washington, DC 20460'' and
adding in its place ``Document Control Office (DCO) (7407M), Office of
Pollution Prevention and Toxics (OPPT), Environmental Protection
Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001'' in
Sec. 717.17(c).
PART 720--[AMENDED]
0
8. The authority citation for part 720 continues to read as follows:
Authority: 15 U.S.C. 2604, 2607, and 2613.
Sec. Sec. 720.75 and 720.102 [Amended]
0
9. By removing the phrase ``Document Control Office (7407), Office of
Pollution Prevention and Toxics, U.S. Environmental Protection Agency,
Room G-099, 1200 Pennsylvania Ave., NW., Washington, DC 20460'' and
adding in its place ``Document Control Office (DCO) (7407M), Office of
Pollution Prevention and Toxics (OPPT), Environmental Protection
Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001'' in
Sec. Sec. 720.75(b)(2) and (e)(1) and 720.102(d).
PART 721--[AMENDED]
0
10. The authority citation for part 721 continues to read as follows:
Authority: 15 U.S.C. 2604, 2607, and 2625(c).
Sec. Sec. 721.11, 721.30, and 721.185 [Amended]
0
11. By removing the phrase ``Document Control Office (7407), Office of
Pollution Prevention and Toxics, U.S. Environmental Protection Agency,
Room G-099, 1200 Pennsylvania Ave.,
[[Page 33642]]
NW., Washington, DC 20460'' and adding in its place ``Document Control
Office (DCO) (7407M), Office of Pollution Prevention and Toxics (OPPT),
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001'' in Sec. Sec. 721.11(b) introductory text,
721.30(b) introductory text, and 721.185(b)(1).
PART 723--[AMENDED]
0
12. The authority citation for part 723 continues to read as follows:
Authority: 15 U.S.C. 2604.
Sec. 723.50 [Amended]
0
13. Section 723.50, paragraph (e)(1) is amended as follows:
0
a. By removing the phrase ``TSCA Document Control Officer (7407),
Office of Pollution Prevention and Toxics, U.S. Environmental
Protection Agency, Room G-099, 1200 Pennsylvania Ave., NW., Washington,
DC 20460'' and adding in its place ``TSCA Document Control Officer,
Document Control Office (DCO) (7407M), Office of Pollution Prevention
and Toxics (OPPT), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001''.
0
b. By removing the phrase ``EPA by writing the Environmental Assistance
Division, (7408), Office of Pollution Prevention and Toxics,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460, or by calling the TSCA Assistance Information
Service at (202) 554-1404; TDD (202) 554-0551; online service modem
(202) 554-5603'' and adding its place ``the Environmental Assistance
Division (7408M), Office of Pollution Prevention and Toxics (OPPT),
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (202) 554-1404; e-mail
address: TSCA-Hotline@epa.gov''.
Sec. 723.175 [Amended]
0
14. By removing the phrase ``Document Control Office (7407), Office of
Pollution Prevention and Toxics, U.S. Environmental Protection Agency,
Room G-099, 1200 Pennsylvania Ave., NW., Washington, DC 20460'' and
adding in its place ``Document Control Office (DCO) (7407M), Office of
Pollution Prevention and Toxics (OPPT), Environmental Protection
Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001'' in
Sec. 723.175(i)(3).
PART 761--[AMENDED]
0
15. The authority citation for part 761 continues to read as follows:
Authority: 15 U.S.C. 2605, 2607, 2611, 2614, and 2616.
Sec. Sec. 761.185 and 761.187 [Amended]
0
16. By removing the phrase ``Document Control Office (7407), Office of
Pollution Prevention and Toxics, U.S. Environmental Protection Agency,
Room G-099, 1200 Pennsylvania Ave., NW., Washington, DC 20460'' and
adding in its place ``Document Control Office (DCO) (7407M), Office of
Pollution Prevention and Toxics (OPPT), Environmental Protection
Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001'' in
Sec. Sec. 761.185(f) and 761.187(d).
PART 790--[AMENDED]
0
17. The authority citation for part 790 continues to read as follows:
Authority: 15 U.S.C. 2603.
Sec. 790.5 [Amended]
0
18. By removing the phrase ``Document Control Office (7407), Office of
Pollution Prevention and Toxics, U.S. Environmental Protection Agency,
Room G-099, 1200 Pennsylvania Ave., NW., Washington, DC 20460'' and
adding in its place ``Document Control Office (DCO) (7407M), Office of
Pollution Prevention and Toxics (OPPT), Environmental Protection
Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001'' in
Sec. 790.5(b).
PART 799--[AMENDED]
0
19. The authority citation for part 799 continues to read as follows:
Authority: 15 U.S.C. 2603, 2611, 2625.
Sec. 799.5 [Amended]
0
20. By removing the phrase ``Document Control Office (7407), Office of
Pollution Prevention and Toxics, U.S. Environmental Protection Agency,
Room G-099, 1200 Pennsylvania Ave., NW., Washington, DC 20460'' and
adding in its place ``Document Control Office (DCO) (7407M), Office of
Pollution Prevention and Toxics (OPPT), Environmental Protection
Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001'' in
Sec. 799.5.
[FR Doc. E6-9078 Filed 6-9-06; 8:45 am]
BILLING CODE 6560-50-S
