18526 Federal Register / Vol. 78, No. 59 / Wednesday, March 27, 2013 / Rules and Regulations 

Commodity Parts per 

million 

* * * * * * * 

Strawberry ............................................................................................................................................................................ 0.05 

* * * * * * * 

[FR Doc. 2013–06916 Filed 3–26–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 721 

[EPA–HQ–OPPT–2012–0842; FRL–9382–2] 

RIN 2070–AB27 

Significant New Use Rules on Certain 

Chemical Substances; Technical 

Amendment 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; technical 

amendment. 

SUMMARY: EPA issued direct final 

significant new use rules (SNURS) in 

the Federal Register of December 20, 

2012 for 9 chemical substances which 

were the subject of premanufacture 

notices (PMNs). For the chemical 

substance identified generically as 

aromatic sulfonic acid amino azo dye 

salts (PMN P–12–276) a typographical 

error has been identified. This 

document is being issued to correct the 

typographical error. 

DATES: This final rule is effective March 

27, 2013. 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPPT–2012–0842, is 

available at http://www.regulations.gov 

or at the Office of Pollution Prevention 

and Toxics Docket (OPPT Docket), 

Environmental Protection Agency 

Docket Center (EPA/DC), EPA West 

Bldg., Rm. 3334, 1301 Constitution Ave. 

NW., Washington, DC. The Public 

Reading Room is open from 8:30 a.m. to 

4:30 p.m., Monday through Friday, 

excluding legal holidays. The telephone 

number for the Public Reading Room is 

(202) 566–1744, and the telephone 

number for the OPPT Docket is (202) 

566–0280. Please review the visitor 

instructions and additional information 

about the docket available at http:// 

www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: For 

technical information contact: Kenneth 

Moss, Chemical Control Division 

(7405M), Office of Pollution Prevention 

and Toxics, Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW., 

Washington, DC 20460–0001; telephone 

number: (202) 564–9232; email address: 

moss.kenneth@epa.gov. 

For general information contact: The 

TSCA-Hotline, ABVI-Goodwill, 422 

South Clinton Ave., Rochester, NY 

14620; telephone number: (202) 554– 

1404; email address: TSCAHotline@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. 

II. What does this technical amendment 

do? 

When promulgating the significant 

new uses for aromatic sulfonic acid 

amino azo dye salts, EPA inadvertently 

listed the respirator as M100 in the 

workplace protective equipment 

requirements for § 721.63. EPA did not 

intend to include this requirement when 

promulgating the significant new uses 

for aromatic sulfonic acid amino azo 

dye salts; the Agency intended the 

respirator to be designated as N100. 

This technical amendment corrects that 

workplace protective equipment 

requirement for § 721.63. 

The preamble for FR Doc. 2012–30695 

published in the Federal Register issue 

of December 20, 2012 (77 FR 75390) 

(FRL–9372–8) is corrected as follows: 

1. On page 75394, first column, line 

16, correct M100 to read N100. 

III. Why is this technical amendment 

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 amendment 

final without prior proposal and 

opportunity for comment, because 

notice and comment are unnecessary. 

The respirator designation of M100 that 

is being removed was never intended to 

be included in the SNUR; M100 is a 

designation for a 3M Corporation series 

of respiratory face shield, not a 

respirator; the Agency intended it to be 

a National Institute for Occupational 

Safety and Health (NIOSH)-certified 

N100 respirator. 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 the 

erroneous notice and no harm resulting 

from replacing the erroneous 

requirement for a M100 respirator with 

that of a N100 respirator. 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 technical amendment changes an 

erroneous respirator designation that 

was placed in § 721.10633(a)(2)(i) when 

the final rule published in the Federal 

Register of December 20, 2012, 

promulgating significant new uses of 

aromatic sulfonic acid amino azo dye 

salts. The December 20, 2012 final rule 

addresses these requirements for that 

action (see Unit IX. of the preamble to 

that action). This technical amendment 

does not otherwise amend or impose 

any other requirements. 

As such, this technical amendment is 

not a ‘‘significant regulatory action’’ 

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), nor does this 

technical amendment contain any 

information collections subject to OMB 

approval under the Paperwork 

Reduction Act (44 U.S.C. 3501 et seq.). 

Because the Agency has made a ‘‘good 

cause’’ finding that this technical 

amendment is not subject to notice and 

comment requirements under the APA 

or any other statute (see Unit III. of this 

document), it is not subject to the 

regulatory flexibility provisions of the 

Regulatory Flexibility Act (RFA) (5 

U.S.C. 601 et seq.), or to sections 202 


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Federal Register / Vol. 78, No. 59 / Wednesday, March 27, 2013 / Rules and Regulations 18527 

and 205 of the Unfunded Mandates 

Reform Act (UMRA) (2 U.S.C. 1531 et 

seq.). Nor does this technical 

amendment significantly or uniquely 

affect small governments or impose a 

significant intergovernmental mandate, 

as described in sections 203 and 204 of 

UMRA. 

This technical amendment 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 government, as specified in 

Executive Order 13132, entitled 

Federalism (64 FR 43255, August 10, 

1999), nor will this technical 

amendment have any ‘‘tribal 

implications ’’ as described in Executive 

Order 13175, entitled Consultation and 

Coordination with Indian Tribal 

Governments (65 FR 67249, November 

9, 2000). 

This technical amendment does not 

require any special considerations, OMB 

review, or any Agency action under 

Executive Order 13045, entitled 

Protection of Children from 

Environmental Health Risks and Safety 

Risks (62 FR 19885, April 23, 1997). Nor 

will this technical amendment have any 

affect on energy supply, distribution or 

use as described in Executive Order 

13211, Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use (66 FR 28355, May 

22, 2001). 

This technical amendment does not 

involve any technical standards that 

would require Agency consideration of 

voluntary consensus standards pursuant 

to section 12(d) of the National 

Technology Transfer and Advancement 

Act (NTTAA) (15 U.S.C. 272 note). The 

technical amendment also does not 

involve special consideration of 

environmental justice related issues 

under Executive Order 12898, entitled 

Federal Actions to Address 

Environmental Justice in Minority 

Populations and Low-Income 

Populations (55 FR 7629, February 16, 

1994). 

V. Congressional Review Act 

Pursuant to the Congressional Review 

Act (5 U.S.C. 801 et seq.), 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 721 

Environmental protection, Chemicals, 

Hazardous substances, Reporting and 

recordkeeping requirements. 

Dated: March 20, 2013. 

Maria J. Doa, 

Director, Chemical Control Division, Office 

of Pollution Prevention and Toxics. 

Therefore, 40 CFR part 721 is 

corrected as follows: 

PART 721—[AMENDED] 

■ 1. The authority citation for part 721 

continues to read as follows: 

Authority: 15 U.S.C. 2604, 2607, and 

2625(c). 

■ 2. In § 721.10633, revise paragraph 

(a)(2)(i) to read as follows: 

§ 721.10633 Aromatic sulfonic acid amino 

azo dye salts (generic). 

(a) * * * 

(2) * * * 

(i) Protection in the workplace. 

Requirements as specified in 

§ 721.63(a)(4) (National Institute for 

Occupational Safety and Health 

(NIOSH)-certified N100 respirator with 

an assigned protection factor of at least 

10), (a)(6), (b) (concentration set at 0.1 

percent), and (c). 

* * * * * 

[FR Doc. 2013–07083 Filed 3–26–13; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 1, 73 and 74 

[MM Docket No. 97–234, GC Docket No. 92– 

52, and GEN Docket No. 90–264; FCC 98– 

194] 

Implementation of Competitive Bidding 

for Commercial Broadcast and 

Instructional Television Fixed Service 

Licenses 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule; correction. 

SUMMARY: This document corrects an 

error that appears in the summary of 

Implementation of Competitive Bidding 

for Commercial Broadcast and 

Instructional Television Fixed Service 

Licenses, published in the Federal 

Register of Friday, September 11, 1998, 

63 FR 48615. Paragraph 17 of the 

Federal Register summary erroneously 

omitted a requirement that winning 

bidders in broadcast service auctions 

pay an application fee when filing their 

long form applications. 

DATES: Effective April 26, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Office of Managing Director, Financial 

Operations: call Thomas Buckley at 

(202) 418–0725. 

SUPPLEMENTARY INFORMATION: 

Background 

In Implementation of Competitive 

Bidding for Commercial Broadcast and 

Instructional Television Fixed Service 

Licenses, MM Docket No. 97–234 et al., 

First Report and Order, 13 FCC Rcd 

15920 (First R&O), the Commission 

adopted final rules applicable for 

auctions for licenses in the broadcast 

services. With specified exceptions, the 

First R&O followed the rules the 

Commission had previously adopted for 

non-broadcast service auctions. The 

original publication of the First R&O 

appeared in 63 FR 48615–48629 (Sept. 

11, 1998). 

Need for Correction 

In Paragraph 164 of the First R&O, the 

Commission adopted two exceptions to 

its general auctions rules on postauction procedures, requiring that 

winning bidders in broadcast auctions 

pay an application fee when filing their 

long-form applications, and allowing a 

shortened 10-day period for the filing of 

petitions to deny the long-form 

applications filed by winning bidders. 

As published, Paragraph 17 of the 

Federal Register summary inadvertently 

omitted the requirement that long form 

applications be submitted with an 

application fee. This correction is issued 

to address that omission and remedy 

any confusion resulting from it. 

Accordingly, paragraph 17 is corrected 

by making the following amendments: 

17. With specified exceptions the 

Commission also determined to follow 

in broadcast auctions the general part 1 

auction rules with regard to postauction procedures, including the 

payment by winning bidders of their 

bids and the withdrawal, default and 

disqualification of winning bidders. The 

Commission stated that long form 

application fees will apply to the longform applications filed by winning 

bidders in broadcast auctions. The First 

R&O additionally adopted a shortened 

10-day period for the filing of petitions 

to deny against the long-form 

applications filed by auction winners. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

[FR Doc. 2013–06976 Filed 3–26–13; 8:45 am] 

BILLING CODE 6712–01–P 


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