[Federal Register Volume 77, Number 45 (Wednesday, March 7, 2012)]
[Rules and Regulations]
[Pages 13506-13508]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-5392]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 721

[EPA-HQ-OPPT-2011-0108; FRL-9339-8]
RIN 2070-AB27


Modification of Significant New Uses of Tris Carbamoyl Triazine; 
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 of February 8, 
2012 concerning the modification of significant new uses of the 
chemical substance identified generically as tris carbamoyl triazine, 
which was the subject of premanufacture notice (PMN)

[[Page 13507]]

P-95-1098. This document is being issued to correct a typographical 
error.

DATES: This final rule is effective March 9, 2012.

ADDRESSES: EPA has established a docket for this action under docket 
identification (ID) number EPA-HQ-OPPT-2011-0108. 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: 
Tracey Klosterman, Chemical Control Division (7405M), Office of 
Pollution Prevention and Toxics, Environmental Protection Agency, 1200 
Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number: 
(202) 564-2209; email address: <a href="/cdn-cgi/l/email-protection#a4cfc8cbd7d0c1d6c9c5ca8ad0d6c5c7c1dde4c1d4c58ac3cbd2"><span class="__cf_email__" data-cfemail="cca7a0a3bfb8a9bea1ada2e2b8beadafa9b58ca9bcade2aba3ba">[email protected]</span></a>.
    For general information contact: The TSCA-Hotline, ABVI-Goodwill, 
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202) 
554-1404; email address: <a href="/cdn-cgi/l/email-protection#4f1b1c0c0e6207203b2326212a0f2a3f2e61282039"><span class="__cf_email__" data-cfemail="01555242402c496e756d686f64416471602f666e77">[email protected]</span></a>.

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 the 
technical person listed under FOR FURTHER INFORMATION CONTACT.

II. What does this technical correction do?

    When modifying the significant new uses for tris carbamoyl 
triazine, EPA inadvertently included in Sec.  721.9719 (a)(2)(ii), a 
cross reference to paragraph (g)(1)(ix) in Sec.  721.72, which requires 
warnings for developmental effects. EPA did not intend to include this 
requirement when modifying the significant new uses for tris carbamoyl 
triazine and did not identify potential concerns for developmental 
effects in the proposed rule or final rule. This document corrects that 
typographical error.
    The regulatory text for FR Doc. 2012-2909 published in the Federal 
Register of February 8, 2012 (77 FR 6476)(FRL-9330-6) is corrected as 
follows:

Sec.  721.9719 [Corrected]

    On page 6479, second column, in paragraph (a)(2)(ii), line 5, 
remove ``(g)(1)(ix),''.

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 notice and comment are unnecessary. The hazard communication 
requirement that is being removed was never intended to be included in 
the significant new use rule (SNUR), the PMN submitter who brought the 
error to EPA's attention is familiar with the issue, and EPA is not 
aware of and does not expect there to be persons who would be adversely 
affected by the change as there are no companies making plans based on 
erroneous notice and no harm resulting from deleting the unnecessary 
requirement for a developmental effect warning. 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?

    This action corrects an error in the final rule published in the 
Federal Register of February 8, 2012, modifying significant new uses of 
tris carbamoyl triazine; it does not otherwise amend or impose any 
other requirements. This action is not a ``significant regulatory 
action'' under Executive Order 12866, entitled Regulatory Planning and 
Review (58 FR 51735, October 4, 1993). Further, this action does not 
impose new or change any information collection burden that requires 
additional review by the Office of Management and Budget (OMB) under 
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 
et seq.). The information collection activities contained in the 
regulations are already approved under OMB control numbers 2070-0012. 
An agency may not conduct or sponsor, and a person is not required to 
respond to a collection of information unless it displays a currently 
valid OMB control number. The OMB control numbers for EPA's regulations 
in 40 CFR are listed in 40 CFR part 9 and on corresponding collection 
instruments, as applicable.
    On February 18, 2012, EPA certified pursuant to section 605(b) of 
the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.), that 
promulgation of a SNUR does not have a significant economic impact on a 
substantial number of small entities where the following are true: (1) 
A significant number of significant new use notices (SNUNs) would not 
be submitted by small entities in response to the SNUR, and (2) the 
SNUN submitted by any small entity would not cost significantly more 
than $8,300. A copy of that certification is available in the docket 
for this rule.
    This action is within the scope of the February 18, 2012 
certification. Based on the Economic Analysis discussed in the final 
modified SNUR and EPA's experience promulgating SNURs (discussed in the 
certification), EPA believes that the following are true: (1) A 
significant number of SNUNs would not be submitted by small entities in 
response to the SNUR and (2) submission of the SNUN would not cost any 
small entity significantly more than $8,300. Therefore, this technical 
correction would not have a significant economic impact on a 
substantial number of small entities.
    State, local, and tribal governments were not expected to be 
affected by the February 8, 2012 final rule (see Unit IX.D. through 
Unit IX.F. of the preamble to that action), and, similarly, this action 
is not expected to affect these governments. Accordingly, pursuant to 
Title II of the Unfunded Mandates Reform Act (UMRA) (2 U.S.C. 1531-
1538), EPA has determined that this action is not subject to the 
requirements in UMRA sections 202 and 205 because

[[Page 13508]]

it does not contain a Federal mandate that may result in expenditures 
of $100 million or more for State, local, and tribal governments, in 
the aggregate, or for the private sector in any 1 year. In addition, 
this action does not significantly or uniquely affect small governments 
or impose a significant intergovernmental mandate, as described in UMRA 
sections 203 and 204. For the same reasons, EPA has determined that 
this action does not have ``federalism implications'' as specified in 
Executive Order 13132, entitled Federalism (64 FR 43255, August 10, 
1999), because it would 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 the order. Thus, 
Executive Order 13132 does not apply to this action. Nor does it have 
``tribal implications'' as specified in Executive Order 13175, entitled 
Consultation and Coordination with Indian Tribal Governments (65 FR 
22951, November 9, 2000). Thus, Executive Order 13175 does not apply to 
this action.
    Since this action is not economically significant under Executive 
Order 12866, it is not subject to Executive Order 13045, entitled 
Protection of Children from Environmental Health Risks and Safety Risks 
(62 FR 19885, April 23, 1997) and Executive Order 13211, entitled 
Actions Concerning Regulations that Significantly Affect Energy Supply, 
Distribution, or Use (66 FR 28355, May 22, 2001). In addition, EPA 
interprets Executive Order 13045 as applying only to those regulatory 
actions that concern health or safety risks, which is not the case in 
this action.
    This action does not involve technical standards that would require 
the consideration of voluntary consensus standards pursuant to section 
12(d) of the National Technology Transfer and Advancement Act (NTTAA) 
(15 U.S.C. 272).
    This action does not have an adverse impact on the environmental 
and health conditions in low-income and minority communities. 
Therefore, this action does not involve special consideration of 
environmental justice related issues as specified in Executive Order 
12898, entitled Federal Actions to Address Environmental Justice in 
Minority Populations and Low-Income Populations (59 FR 7629, February 
16, 1994).

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 721

    Environmental protection, Chemicals, Hazardous substances, 
Reporting and recordkeeping requirements.

    Dated: February 24, 2012.
Maria J. Doa,
Director, Chemical Control Division, Office of Pollution Prevention and 
Toxics.
[FR Doc. 2012-5392 Filed 3-6-12; 8:45 am]
BILLING CODE 6560-50-P


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