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[Federal Register Volume 76, Number 17 (Wednesday, January 26, 2011)]
[Rules and Regulations]
[Pages 4549-4550]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-1635]

[[Page 4549]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 799

[EPA-HQ-OPPT-2007-0531; FRL-8862-6]
RIN 2070-AD16

Testing of Certain High Production Volume Chemicals; Second Group 
of Chemicals; Technical Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; technical correction.

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SUMMARY: EPA issued a final rule in the Federal Register issue of 
January 7, 2011, concerning testing of certain high production volume 
(HPV) chemical substances to obtain screening level data for health and 
environmental effects and chemical fate. This document is being issued 
to correct a typographical error concerning the required date of 
submission for letters of intent to test and exemption applications. 
The correct date by which EPA must receive a letter of intent to test 
or an exemption application from manufacturers (including importers) in 
Tier 1 is March 9, 2011.

DATES: This final rule is effective February 7, 2011.

ADDRESSES: EPA has established a docket for this action under docket 
identification (ID) number EPA-HQ-OPPT-2007-0531. All documents in the 
docket are listed in the docket index available at http://www.regulations.gov. Although listed in the index, some information is 
not publicly available, e.g., 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 in the electronic 
docket at http://www.regulations.gov, or, if only available in hard 
copy, at the OPPT Docket. The OPPT Docket is located in the EPA Docket 
Center (EPA/DC) at Rm. 3334, EPA West Bldg., 1301 Constitution Ave., 
NW., Washington, DC. The EPA/DC Public Reading Room hours of operation 
are 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal 
holidays. The telephone number of the EPA/DC Public Reading Room is 
(202) 566-1744, and the telephone number for the OPPT Docket is (202) 
566-0280. Docket visitors are required to show photographic 
identification, pass through a metal detector, and sign the EPA visitor 
log. All visitor bags are processed through an X-ray machine and 
subject to search. Visitors will be provided an EPA/DC badge that must 
be visible at all times in the building and returned upon departure.

FOR FURTHER INFORMATION CONTACT: For technical information contact: 
Paul Campanella or John Schaeffer, Chemical Control Division (7405M), 
Office of Pollution Prevention and Toxics, Environmental Protection 
Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; 
telephone numbers: (202) 564-8091 or (202) 564-8173; e-mail addresses: 
campanella.paul@epa.gov or schaeffer.john@epa.gov.
    For general information contact: The TSCA-Hotline, ABVI-Goodwill, 
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202) 
554-1404; e-mail address: TSCA-Hotline@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. Does this action apply to me?

    The Agency included in the final rule a list of those who may be 
potentially affected by this action. If you have questions regarding 
the applicability of this action to a particular entity, consult either 
technical person listed under FOR FURTHER INFORMATION CONTACT.

II. What does this technical correction do?

    The codified text for FR Doc. 2010-33313, published in the Federal 
Register issue of January 7, 2011 (76 FR 1067) (FRL-8846-9) is 
corrected to fix a typographical error concerning the required date of 
submission for letters of intent to test and exemption applications. 
The correct date by which EPA must receive a letter of intent to test 
or an exemption application from manufacturers (including importers) in 
Tier 1 is March 9, 2011 (not February 7, 2011, as stated in Sec.  
799.5087, paragraphs (c)(2) and (c)(4) of the initial publication).

III. Why is this correction issued as a final rule?

    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 final rule without 
providing notice and an opportunity for public comment. EPA has 
determined that there is good cause for making this technical 
correction final without prior proposal and opportunity for comment, 
because this is a correction of a typographical error, not a change in 
the regulation as intended by EPA. Notice and comment are not necessary 
to correct a typographical error, especially when the corrected text 
gives persons subject to the rule more time to file a letter of intent 
and an exemption application. EPA finds that this constitutes good 
cause under 5 U.S.C. 553(b)(3)(B).

IV. Do any of the statutory and executive order reviews apply to this 
action?

    No. As described previously, this final rule corrects a 
typographical error in the original final rule concerning the required 
date by which EPA must receive a letter of intent to test or an 
exemption application from manufacturers (including importers) in Tier 
1. As a technical correction, this action is not subject to review by 
the Office of Management and Budget (OMB) under Executive Order 12866, 
entitled Regulatory Planning and Review (58 FR 51735, October 4, 1993). 
This action does not impose or change any information collection burden 
under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 
3501 et seq.). Because 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 Act (5 U.S.C. 601 et seq.) or sections 202 
and 205 of the Unfunded Mandates Reform Act (UMRA) (2 U.S.C. 1531-
1538). Nor does this action significantly or uniquely affect small 
governments. This final rule does not have Tribal implications, as 
specified in Executive Order 13175, entitled Consultation and 
Coordination with Indian Tribal Governments (65 FR 67249, November 9, 
2000), or federalism implications as specified in Executive Order 
13132, entitled Federalism (64 FR 43255, August 10, 1999). Since this 
action is not economically significant under Executive Order 12866, it 
is not subject to Executive Orders 13045, entitled Protection of 
Children from Environmental Health Risks and Safety Risks (62 FR 19885, 
April 23, 1997), and 13211, Actions concerning Regulations that 
Significantly Affect Energy Supply, Distribution, or Use (66 FR 28355, 
May 22, 2001). This action does not involve technical standards; thus, 
the requirements of section 12(d) of the National Technology Transfer 
and Advancement Act (NTTAA) (15 U.S.C. 272 note) do not apply. For the 
reasons already stated, the Agency is not required to and has not 
considered environmental justice-related issues as specified in 
Executive Order 12898, entitled Federal Actions to Address 
Environmental Justice in Minority Populations and Low-Income

[[Page 4550]]

Populations (59 FR 7629, February 16, 1994). The Agency's actions 
regarding these requirements in relation to the original final rule, 
are discussed in the preamble to that rule.

V. Congressional Review Act

    The Congressional Review Act, 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 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 this final rule in the Federal 
Register. This final rule is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

List of Subjects in 40 CFR Part 799

    Environmental protection, Chemicals, Hazardous substances, 
Incorporation by reference, Laboratories, Reporting and recordkeeping 
requirements.

    Dated: January 19, 2011.
Stephen A. Owens,
Assistant Administrator, Office of Chemical Safety and Pollution 
Prevention.

    Therefore, 40 CFR part 799 is corrected as follows:

PART 799--[AMENDED]

0
1. The authority citation for part 799 continues to read as follows:

    Authority: 15 U.S.C. 2603, 2611, 2625.

0
2. In Sec.  799.5087, revise paragraphs (c)(2) and (c)(4) to read as 
follows:

Sec.  799.5087  Chemical testing requirements for second group of high 
production volume chemicals (HPV2).

* * * * *
    (c) * * *
    (2) If you are in Tier 1 with respect to a chemical substance 
listed in Table 2 in paragraph (j) of this section, you must, for each 
test required under this section for that chemical substance, either 
submit to EPA a letter of intent to test or apply to EPA for an 
exemption from testing. The letter of intent to test or the exemption 
application must be received by EPA no later than March 9, 2011.
* * * * *
    (4) If no person in Tier 1 has notified EPA of its intent to 
conduct one or more of the tests required by this section on any 
chemical substance listed in Table 2 in paragraph (j) of this section 
on or before March 9, 2011, EPA will publish a Federal Register 
document that would specify the test(s) and the chemical substance(s) 
for which no letter of intent has been submitted and notify 
manufacturers in Tier 2A of their obligation to submit a letter of 
intent to test or to apply for an exemption from testing.
* * * * *
[FR Doc. 2011-1635 Filed 1-25-11; 8:45 am]
BILLING CODE 6560-50-P
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