Federal Register / Vol. 76, No. 17 / Wednesday, January 26, 2011 / Rules and Regulations 4549 

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. 

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; email 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 § 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 


Emcdonald on DSK2BSOYB1PROD with RULES
4550 Federal Register / Vol. 76, No. 17 / Wednesday, January 26, 2011 / Rules and Regulations 

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] 

■ 1. The authority citation for part 799 

continues to read as follows: 

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

■ 2. In § 799.5087, revise paragraphs 

(c)(2) and (c)(4) to read as follows: 

§ 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 

LEGAL SERVICES CORPORATION 

45 CFR Part 1611 

Income Level for Individuals Eligible 

for Assistance 

AGENCY: Legal Services Corporation. 

ACTION: Final rule. 

SUMMARY: The Legal Services 

Corporation (‘‘Corporation’’) is required 

by law to establish maximum income 

levels for individuals eligible for legal 

assistance. This document updates the 

specified income levels to reflect the 

annual amendments to the Federal 

Poverty Guidelines as issued by the 

Department of Health and Human 

Services. 

DATES: Effective Date: This rule is 

effective as of January 26, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Mattie Cohan, Senior Assistant General 

Counsel, Legal Services Corporation, 

3333 K St., NW., Washington, DC 20007; 

(202) 295–1624; mcohan@lsc.gov. 

SUPPLEMENTARY INFORMATION: Section 

1007(a)(2) of the Legal Services 

Corporation Act (‘‘Act’’), 42 U.S.C. 

2996f(a)(2), requires the Corporation to 

establish maximum income levels for 

individuals eligible for legal assistance, 

and the Act provides that other 

specified factors shall be taken into 

account along with income. 

Section 1611.3(c) of the Corporation’s 

regulations establishes a maximum 

income level equivalent to one hundred 

and twenty-five percent (125%) of the 

Federal Poverty Guidelines. Since 1982, 

the Department of Health and Human 

Services has been responsible for 

updating and issuing the Federal 

Poverty Guidelines. The figures for 2010 

set out below are equivalent to 125% of 

the current Federal Poverty Guidelines 

as published on August 3, 2010 (75 FR 

45628). 

In addition, LSC is publishing charts 

listing income levels that are 200% of 

the Federal Poverty Guidelines. These 

charts are for reference purposes only as 

an aid to grant recipients in assessing 

the financial eligibility of an applicant 

whose income is greater than 200% of 

the applicable Federal Poverty 

Guidelines amount, but less than 200% 

of the applicable Federal Poverty 

Guidelines amount (and who may be 

found to be financially eligible under 

duly adopted exceptions to the annual 

income ceiling in accordance with 

sections 1611.3, 1611.4 and 1611.5). 

LSC notes that these 2010 Income 

Guidelines are substantively unchanged 

from the 2009 Income Guidelines. This 

is because HHS’ Poverty Guidelines for 

the remainder of 2010 are unchanged 

from the 2009 Poverty Guidelines which 

have been in place since last year. 

List of Subjects in 45 CFR Part 1611 

Grant programs—Law, Legal services. 

For reasons set forth above, 45 CFR 

1611 is amended as follows: 

PART 1611—ELIGIBILITY 

■ 1. The authority citation for part 1611 

continues to read as follows: 

Authority: Secs. 1006(b)(1), 1007(a)(1) 

Legal Services Corporation Act of 1974, 42 

U.S.C. 2996e(b)(1), 2996f(a)(1), 2996f(a)(2). 

■ 2. Appendix A of part 1611 is revised 

to read as follows: 

Appendix A of Part 1611 

LEGAL SERVICES CORPORATION 2010 INCOME GUIDELINES * 

Size of household 

48 Contiguous 

states and the 

District of 

Columbia 

Alaska Hawaii 

1 ................................................................................................................................. $13,538 $16,913 $15,575 

2 ................................................................................................................................. 18,213 22,763 20,950 

3 ................................................................................................................................. 22,888 28,613 26,325 

4 ................................................................................................................................. 27,563 34,463 31,700 

5 ................................................................................................................................. 32,238 40,313 37,075 


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