Federal Register / Vol. 65, No. 218 / Thursday, November 9, 2000 / Rules and Regulations 67267

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 9

[FRL–6899–7]

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 amends the table

that lists the Office of Management and

Budget (OMB) control numbers issued

under the PRA for ‘‘Finding of

Significant Contribution and

Rulemaking for Certain States in the

Ozone Transport Assessment Group

Region for Purposes of Reducing

Regional Transport of Ozone.’’

EFFECTIVE DATE: This final rule is

effective November 9, 2000.

FOR FURTHER INFORMATION CONTACT:

William L. Johnson, Office of Air

Quality Planning and Standards, Air

Quality Strategies and Standards

Division, MD–15, Research Triangle

Park, NC 27711, telephone (919) 541–

5245; e-mail: johnson.williaml@epa.gov.

SUPPLEMENTARY INFORMATION: The EPA

is amending the table of currently

approved information collection request

(ICR) control numbers issued by OMB

for various regulations. The amendment

updates the table to list those

information collection requirements

promulgated under the ‘‘Finding of

Significant Contribution and

Rulemaking for Certain States in the

Ozone Transport Assessment Group

Region for Purposes of Reducing

Regional Transport of Ozone,’’ which

appeared in the Federal Register on

October 27, 1998 (63 FR 57356). The

affected regulations are codified at 40

CFR 51.121 and 51.122. The EPA will

continue to present OMB control

numbers in a consolidated table format

to be codified in 40 CFR part 9 of the

Agency’s regulations, and in each CFR

volume containing EPA regulations. The

table lists CFR citations with reporting,

recordkeeping, or other information

collection requirements, and the current

OMB control numbers. This listing of

the OMB control numbers and their

subsequent codification in the CFR

satisfies the requirements of the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.) and OMB’s implementing

regulations at 5 CFR part 1320.

This ICR was previously subject to

public notice and comment prior to

OMB approval. Due to the technical

nature of the table, EPA finds that

further notice and comment is

unnecessary. As a result, EPA finds that

there is ‘‘good cause’’ under section

553(b)(B) of the Administrative

Procedure Act, 5 U.S.C. 553(b)(B), to

amend this table without prior notice

and comment.

I. Administrative Requirements

Under Executive Order 12866 (58 FR

51735, October 4, 1993), this action is

not a ‘‘significant regulatory action’’ and

is therefore not subject to review by the

Office of Management and Budget. In

addition, this action does not 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 of 1995

(Pub. L. 104–4). This rule also does not

require prior consultation with State,

local, and tribal government officials as

specified by Executive Order 13132 (64

FR 43255, August 10, 1999) or Executive

Order 13084 (63 FR 27655, May 10,

1998), or involve special consideration

of environmental justice related issues

as required by Executive Order 12898

(59 FR 7629, February 16, 1994).

Because this action is not subject to

notice-and-comment requirements

under the Administrative Procedure Act

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.). This rule also is not subject

to Executive Order 13045 (62 FR 19885,

April 23, 1997) because EPA interprets

Executive Order 13045 as applying only

to those regulatory actions that are

based on health or safety risks, such that

the analysis required under section 5–

501 of the Order has the potential to

influence the regulation. This rule is not

subject to Executive Order 13045

because it does not establish an

environmental standard intended to

mitigate health or safety risks. EPA’s

compliance with these statutes and

Executive Orders for the underlying rule

is discussed in the October 27, 1998

Federal Register document.

Congressional Review Act

The Congressional Review Act, 5

U.S.C. 801 et seq., as added by the Small

Business Regulatory Enforcement

Fairness Act of 1996, 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 allows

the issuing agency to make 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 therefor, and established an

effective date of November 9, 2000. The

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: November 1, 2000.

Oscar Morales,

Director, Collection Strategies Division, Office

of Information Collection.

For the reasons set out in the

preamble, 40 CFR part 9 is amended as

follows:

PART 9—[AMENDED]

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, 300j2, 300j-3, 300j-4, 300j-9, 1857 et seq., 6901–

6992k, 7401–7671q, 7542, 9601–9657, 11023,

11048.

2. In § 9.1 the table is amended by

adding new entries 51.121 and 51.122 to

read as follows:

§ 9.1 OMB approvals under the Paperwork

Reduction Act.

* * * * *

40 CFR citation OMB control

no.

*****

Requirements for Preparation, Adoption, and

Submittal of Implementation Plans

51.121–51.122 ...................... 2060–0445

*****

[FR Doc. 00–28808 Filed 11–8–00; 8:45 am]

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