Significant New Use Rules on Certain Chemical Substances (21-1.5e); Correction, 5788-5789 [2023-01503]
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Federal Register / Vol. 88, No. 19 / Monday, January 30, 2023 / Rules and Regulations
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either through
www.regulations.gov or at the
Environmental Protection Agency,
Region 5, Air and Radiation Division, 77
West Jackson Boulevard, Chicago,
Illinois 60604. This facility is open from
8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding Federal holidays and
facility closures due to COVID–19. We
recommend that you telephone Olivia
Davidson, Environmental Scientist, at
(312) 886–0266 before visiting the
Region 5 office.
FOR FURTHER INFORMATION CONTACT:
Olivia Davidson, Environmental
Scientist, Attainment Planning and
Maintenance Section, Air Programs
Branch (AR–18J), Environmental
Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois
60604, (312) 886–0266,
davidson.olivia@epa.gov.
EPA
published a final rule redesignating the
Ohio portion of the Cincinnati area to
attainment of the 2015 ozone NAAQS
on June 9, 2022 (87 FR 35104). That rule
also approved VOC and NOX Budgets
for the Ohio portion of the Cincinnati
area for transportation conformity
purposes. In that rule, EPA erroneously
identified the 2015 ozone Budgets as
14.15 and 10.58 tons per day (tpd) for
NOX in 2026 and 2035, respectively,
and 25.30 and 18.98 tpd for VOC in
2026 and 2035, respectively. The table
in that action conflicts with the Budgets
submitted by Ohio and set forth in the
proposed rule. The Budgets submitted
by Ohio are 14.15 and 10.58 tpd for
VOC in 2026 and 2035, and 25.30 and
18.98 tpd in 2026 and 2035 for NOX.
Therefore, the table is being revised to
reflect the correct Budgets.
Section 553 of the Administrative
Procedure Act, 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 this rule final without
prior proposal and opportunity for
comment because we are merely
correcting an incorrect citation in a
previous action. Thus, notice and public
procedure are unnecessary. We find that
this constitutes good cause under 5
U.S.C. 553(b)(B).
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SUPPLEMENTARY INFORMATION:
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Statutory and Executive Order Reviews
This action is not a significant
regulatory action subject to review by
the Office of Management and Budget
under Executive Orders (E.O.s) 12866
(58 FR 51735, October 4, 1993) and
13563 (76 FR 3821, January 21, 2011).
This action does not impose an
information collection burden under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.). Because the agency
has made a ‘‘good cause’’ finding that
this action is not subject to notice-andcomment requirements under the
Administrative Procedures Act or any
other statute as indicated in the section
above, it is not subject to the regulatory
flexibility provisions of the Regulatory
Flexibility Act (5 U.S.C 601 et seq.), or
to sections 202 and 205 of the Unfunded
Mandates Reform Act of 1995 (UMRA)
(Pub. L. 104–4). This action 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 governments, as specified by
E.O. 13132 (64 FR 43255, August 10,
1999). In addition, the State
Implementation Plan (SIP) is not
approved to apply on any Indian
reservation land or in any other area
where EPA or an Indian tribe has
demonstrated that a tribe has
jurisdiction. In those areas of Indian
country, the rule does not have tribal
implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by E.O. 13175 (65 FR 67249,
November 9, 2000). This action is not
subject to E.O. 13045 (62 FR 19885,
April 23, 1997), because it is not
economically significant. This action is
also not subject to E.O. 13211, ‘‘Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001). This technical correction
action does not involve 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. The action also does not involve
special consideration of environmental
justice related issues as required by E.O.
12898 (59 FR 7629, February 16, 1994).
This action is subject to the
Congressional Review Act (CRA), and
EPA will submit a rule report 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
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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 had made such
a good cause finding, including the
reasons therefore, and established an
effective date of January 30, 2023. This
correction to 40 CFR 52 for Ohio is not
a ‘‘major rule’’ as defined by 5 U.S.C.
804(2).
Correction
In FR Doc. 2022–12318, published in
the Federal Register on June 9, 2022 (87
FR 35104), on page 35108, in first
column, the table entitled ‘‘TABLE 2—
2026 AND 2035 BUDGETS FOR THE OHIO
PORTION FOR THE 2015 OZONE NAAQS
MAINTENANCE AREA [Tons per summer
day, TPSD]’’ is corrected to read:
TABLE 2—2026 AND 2035 BUDGETS
FOR THE OHIO PORTION FOR THE
2015 OZONE NAAQS MAINTENANCE
AREA
[Tons per summer day, TPSD]
2026
Budget
Pollutant
NOX ...................................
VOC ..................................
I
25.30
14.15
2035
Budget
I
18.98
10.58
Dated: January 19, 2023.
Debra Shore,
Regional Administrator, Region 5.
[FR Doc. 2023–01505 Filed 1–27–23; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 721
[EPA–HQ–OPPT–2020–0588; FRL–8582–03–
OCSPP]
RIN 2070–AB27
Significant New Use Rules on Certain
Chemical Substances (21–1.5e);
Correction
Environmental Protection
Agency (EPA).
ACTION: Final rule; correction.
AGENCY:
EPA issued a final rule in the
Federal Register of Friday, December 2,
2022, concerning significant new use
rules (SNURs) under the Toxic
Substances Control Act (TSCA) for
chemical substances that were the
subject of premanufacture notices
(PMNs) and a Microbial Commercial
Activity Notice (MCAN). This document
corrects a typographical error in the
SUMMARY:
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Federal Register / Vol. 88, No. 19 / Monday, January 30, 2023 / Rules and Regulations
regulatory text for the chemical
substance generically identified as
hindered amine alkyl ester compounds
(PMN P–16–167).
DATES: This correction is effective
January 31, 2023.
FOR FURTHER INFORMATION CONTACT:
William Wysong, New Chemicals
Division (7405M), Office of Pollution
Prevention and Toxics, Environmental
Protection Agency, 1200 Pennsylvania
Ave. NW, Washington, DC 20460–0001;
telephone number: (202) 564–4163;
email address: wysong.william@epa.gov.
SUPPLEMENTARY INFORMATION: In FR Doc.
2022–25807 appearing on page 73941 in
the Federal Register of Friday,
December 2, 2022 (87 FR 73941; FRL–
8582–01–OCSPP), the following
correction is made to fix an inadvertent
omission to designate paragraph (a)(1)
in the regulatory text for the chemical
substance generically identified as
hindered amine alkyl ester compounds
(PMN P–16–167) that is codified in 40
CFR 721.11571.
Federal Register Correction
§ 721.11571
[Corrected]
Effective January 31, 2023, in FR Doc.
2022–25807, on page 73947 in the
Federal Register of Friday, December 2,
2022, in the second column, in
amendatory instruction 4, § 721.11571 is
corrected by designating the text
following the paragraph (a) heading as
paragraph (a)(1).
■
Dated: January 20, 2023.
Mark Hartman,
Deputy Director, Office of Pollution
Prevention and Toxics.
[FR Doc. 2023–01503 Filed 1–27–23; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF THE INTERIOR
Office of the Secretary
43 CFR Part 4
[Docket No. DOI–2022–0010; 223D0102DM;
DS68200000; DMSN00000.000000;
DX68201DAGENLAM]
RIN 1094–AA56
Practices Before the Department of the
Interior
Office of Hearings and Appeals,
Interior.
ACTION: Direct final rule.
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AGENCY:
The Office of Hearings and
Appeals (OHA) is amending department
regulations to provide parties to a
hearing or appeal the option of sending
and receiving documents electronically;
SUMMARY:
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to specifically recognize the OHA
Director’s authority to issue Standing
Orders to provide procedural
information to parties and the public;
and to make clear that OHA will
communicate information on how and
where to file and serve documents
through OHA Standing Orders issued by
the Director and posted on OHA’s
Department of the Interior website. This
rule removes specific office addresses,
some outdated, from the regulatory text
and provides for up-to-date contact
information to be provided in OHA
Standing Orders on Contact
Information. This rule further provides
that OHA may issue Standing Orders to
provide procedural information in an
emergency or to address an immediate
need, such as an office closure, natural
disaster or other unanticipated event.
This rule, and the associated Standing
Orders, would not add to, change, or
diminish any substantive rights of any
parties or the public.
DATES: This rule is effective on March
16, 2023 without further notice, unless
OHA receives significant adverse
written comment by March 1, 2023 on
the amendments. If significant adverse
comments are received on the
amendments, OHA will publish a timely
withdrawal in the Federal Register
clarifying which provisions will become
effective and which provisions are being
withdrawn due to adverse comment.
ADDRESSES: You may send comments,
identified by Docket No. DOI–2022–
0010 by any of the following methods:
• Federal eRulemaking Portal:
https://www.regulations.gov (our
preferred method). Follow the online
instructions for submitting comments.
• Mail: Office of Hearings and
Appeals, 801 North Quincy Avenue,
Suite 300, Arlington, VA 22203.
• Hand/Courier Delivery: Office of
Hearings and Appeals, 801 North
Quincy Avenue, Suite 300, Arlington,
VA 22203. OHA’s hours of operation are
8:30 a.m.–4:30 p.m., Monday–Friday
(except federal holidays).
Instructions: All submissions received
must include Docket No. DOI–2022–
0010 for this rulemaking. Comments
received may be posted without change
to https://www.regulations.gov,
including any personal information
provided.
FOR FURTHER INFORMATION CONTACT:
Rachel Lukens, Counsel to the Director,
Office of Hearings and Appeals, DIR@
oha.doi.gov, (703) 235–3810.
Individuals in the United States who are
deaf, blind, hard of hearing, or have a
speech disability may dial 711 (TTY,
TDD, or TeleBraille) to access
telecommunications relay services.
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5789
Individuals outside the United States
should use the relay services offered
within their country to make
international calls to the point-ofcontact in the United States.
SUPPLEMENTARY INFORMATION: OHA is
modernizing its practice and improving
services to the parties who appear
before OHA and the public. OHA is
issuing this rule to update its
regulations in 43 CFR part 4 to provide
the option to send and receive
documents electronically, obtain up-todate contact information and procedural
information through the use of Standing
Orders, and to remove outdated or
unnecessary references in the existing
regulations. These revisions do not
impose new obligations on parties or the
public. For example, parties may still
submit paper documents but will have
the option under the revised regulations
to submit documents electronically.
Because the rule does not diminish
any substantive rights or require parties
to alter their current procedural
practices, we are publishing this rule
without a prior proposal because of its
noncontroversial nature. Nonetheless,
this rule will not become effective until
the date specified in DATES so that we
may receive public comment on the
rule. If we receive significant adverse
comments by the comment due date
specified in DATES, we will publish a
document in the Federal Register
withdrawing the rule, in whole or in
part, before the rule goes into effect.
Significant adverse comments are
comments that provide strong
justification as to why our rule should
not be adopted or why it should be
changed.
The backdrop for this Direct Final
Rule is OHA’s interest in providing
electronic transmission options as an
improved service as well as establishing
how it will communicate new processes
as they are developed. In March 2020,
at the onset of the COVID–19 pandemic,
OHA reviewed its options to use
existing technology to quickly meet the
needs of parties, the public, and its
employees and posted this information
on the OHA website. OHA offered,
where possible, the option of using
electronic mail to transmit documents to
certain OHA units, allowing many cases
to proceed without the need for trips to
the office or post office. This was
intended to serve as a limited short-term
solution since electronic mail restricts
the size of the files that may be
transmitted and because OHA’s
regulations, in some subparts, utilized
terms, such as references to paper, that
potentially limited OHA’s ability to
offer an electronic transmission option.
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30JAR1
Agencies
[Federal Register Volume 88, Number 19 (Monday, January 30, 2023)]
[Rules and Regulations]
[Pages 5788-5789]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-01503]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 721
[EPA-HQ-OPPT-2020-0588; FRL-8582-03-OCSPP]
RIN 2070-AB27
Significant New Use Rules on Certain Chemical Substances (21-
1.5e); Correction
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; correction.
-----------------------------------------------------------------------
SUMMARY: EPA issued a final rule in the Federal Register of Friday,
December 2, 2022, concerning significant new use rules (SNURs) under
the Toxic Substances Control Act (TSCA) for chemical substances that
were the subject of premanufacture notices (PMNs) and a Microbial
Commercial Activity Notice (MCAN). This document corrects a
typographical error in the
[[Page 5789]]
regulatory text for the chemical substance generically identified as
hindered amine alkyl ester compounds (PMN P-16-167).
DATES: This correction is effective January 31, 2023.
FOR FURTHER INFORMATION CONTACT: William Wysong, New Chemicals Division
(7405M), Office of Pollution Prevention and Toxics, Environmental
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-
0001; telephone number: (202) 564-4163; email address:
[email protected].
SUPPLEMENTARY INFORMATION: In FR Doc. 2022-25807 appearing on page
73941 in the Federal Register of Friday, December 2, 2022 (87 FR 73941;
FRL-8582-01-OCSPP), the following correction is made to fix an
inadvertent omission to designate paragraph (a)(1) in the regulatory
text for the chemical substance generically identified as hindered
amine alkyl ester compounds (PMN P-16-167) that is codified in 40 CFR
721.11571.
Federal Register Correction
Sec. 721.11571 [Corrected]
0
Effective January 31, 2023, in FR Doc. 2022-25807, on page 73947 in the
Federal Register of Friday, December 2, 2022, in the second column, in
amendatory instruction 4, Sec. 721.11571 is corrected by designating
the text following the paragraph (a) heading as paragraph (a)(1).
Dated: January 20, 2023.
Mark Hartman,
Deputy Director, Office of Pollution Prevention and Toxics.
[FR Doc. 2023-01503 Filed 1-27-23; 8:45 am]
BILLING CODE 6560-50-P