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Federal Register / Vol. 71, No. 244 / Wednesday, December 20, 2006 / Rules and Regulations 76205
DC. The EPA/DC Public Reading Room assist you and others in determining the realm of organic chemical
is open from 8:30 a.m. to 4:30 p.m., whether this action might apply to substances, which had comprised the
Monday through Friday, excluding legal certain entities. To determine whether previous IUR reporting. Concerns were
holidays. The telephone number for the you or your business may be affected by raised about the length of time needed
EPA/DC Public Reading Room is (202) this action, you should carefully to determine the answers to these
566–1744, and the telephone number for examine the applicability provisions in complex questions.
the OPPT Docket is (202) 566–0280. 40 CFR 710.48. If you have any EPA believes it is appropriate to
EPA visitors are required to show questions regarding the applicability of extend the reporting period to allow the
photographic identification and sign the this action to a particular entity, consult reporters associated with inorganic
EPA visitor log. Visitors to the EPA/DC the technical person listed under FOR chemical substances to determine their
Public Reading Room will be provided FURTHER INFORMATION CONTACT. reporting obligations and to allow the
with an EPA/DC badge that must be regulated community to adjust to the
II. Background new software and submit their reports.
visible at all times while in the EPA
Building and returned to the guard upon A. What Action is the Agency Taking? B. What is the Agency’s Authority for
departure. In addition, security EPA is issuing this amendment to Taking this Action?
personnel will escort visitors to and extend the 2006 submission period for
from the new EPA/DC Public Reading The IUR rule is issued pursuant to the
IUR reporting until March 23, 2007. The authority of section 8(a) of TSCA, 15
Room location. Up-to-date information December 19, 2005, Inventory Update
about the EPA/DC is on the EPA website U.S.C. 2607(a). The regulations for this
Reporting Revisions Final Rule rule are located at 40 CFR part 710,
at http://www.epa.gov/epahome/ designated the IUR submission period to
dockets.htm. subpart C. In the Federal Register of
be August 25, 2006 to December 23, January 7, 2003 (68 FR 848) (FRL–6767–
FOR FURTHER INFORMATION CONTACT: For 2006. A subsequent Federal Register 4), EPA promulgated extensive
general information contact: Colby document was published on September amendments to the IUR regulation (2003
Lintner, Regulatory Coordinator, 11, 2006 (71 FR 53335) (FRL–8088–5), Amendments) to collect exposure-
Environmental Assistance Division again providing notice of the need to related information associated with the
(7408M), Office of Pollution Prevention report and reiterating the August 25 to manufacturing, processing, and use of
and Toxics, Environmental Protection December 23, 2006, submission period. eligible chemical substances and to
Agency, 1200 Pennsylvania Ave., NW., The Agency is taking this action in make certain other changes.
Washington, DC 20460–0001; telephone response to concerns raised by the Under section 553(b)(3)(B) of the
number: (202) 554–1404; e-mail address: regulated community about their ability Administrative Procedure Act (APA), 5
TSCA-Hotline@epa.gov. to submit the required information U.S.C. 553(b)(3)(B), the Agency may
For technical information contact: within the prescribed period. Written issue a final rule without a prior
Susan Sharkey, Economics, Exposure, requests to extend the IUR submission proposal if it finds that notice and
and Technology Division (7406M), period are included in the docket (see public participatory procedures are
Office of Pollution Prevention and ADDRESSES). The compelling concerns impracticable, unnecessary, or contrary
Toxics, Environmental Protection raised by industry include the timing of to the public interest. In this case, for
Agency, 1200 Pennsylvania Ave., NW., guidance finalization, issues associated the extension sought, the Agency does
Washington, DC 20460–0001; telephone with the reporting software, and issues find that normal notice and public
number: (202) 564–8789; e-mail address: associated with first-time reporting for process rulemaking is unnecessary.
sharkey.susan@epa.gov. inorganic chemical substances. The Agency believes that this one-
SUPPLEMENTARY INFORMATION: 1. Guidance documents. The guidance time extension is not of significant
documents available to the regulated impact to the public. This action does
I. General Information community prior to the submission not alter the substantive IUR reporting
You may be potentially affected by period were draft final documents, requirements in any way. The Agency
this action if you manufacture (defined which EPA did not finalize until about also believes the one-time extension
by statute at 15 U.S.C. 2602(7) to 2 months after the beginning of the will not result in a significant delay in
include import) chemical substances, submission period. the processing and availability of IUR
including inorganic chemical 2. Reporting software. The Agency information to potential users. Further,
substances, subject to reporting under provided reporting software for the this action is consistent with the public
IUR regulations at 40 CFR part 710. Any regulated community to use to complete interest because it is designed to
use of the term ‘‘manufacture’’ in this the IUR reporting form. Some members facilitate compliance with the IUR rule
document will encompass import, of the regulated community have had and to ensure that the 2006 collection
unless otherwise stated. difficulty with the reporting software, includes accurate data on chemical
Potentially affected entities may resulting in the need to recompile their manufacturing, processing, and use in
include, but are not limited to: Chemical information and spend significant time the United States. Finally, any impact
manufacturers and importers subject to troubleshooting their systems. on the regulated community is expected
IUR reporting, including chemical 3. First-time reporting for inorganic to be beneficial given that the one-time
manufacturers and importers of chemical substances. Members of the extension provides additional time to
inorganic chemical substances (NAICS regulated community associated with submit IUR reports to EPA.
codes 325, 32411). the manufacturing (including importing) Similarly, under section 553(d) of the
This listing is not intended to be of inorganic chemical substances have APA, 5 U.S.C. 553(d), the Agency may
exhaustive, but rather provides a guide many new and/or complex questions make a rule immediately effective ‘‘for
for readers regarding entities likely to be concerning the reportability and good cause found and published with
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affected by this action. Other types of chemical identification of inorganic the rule.’’ For the reasons discussed in
entities not listed in this unit could also substances. EPA agrees that there are this unit, EPA believes that there is
be affected. The North American many aspects of manufacturing ‘‘good cause’’ to make this amendment
Industrial Classification System inorganic chemical substances that are effective upon publication in the
(NAICS) codes have been provided to quite different from those that exist in Federal Register.
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76206 Federal Register / Vol. 71, No. 244 / Wednesday, December 20, 2006 / Rules and Regulations
III. Statutory and Executive Order various levels of government.’’ This IV. Congressional Review Act
Reviews action does not alter the relationships or
The Congressional Review Act, 5
distribution of power and
A. Executive Order 12866 U.S.C. 801 et seq., generally provides
responsibilities established by Congress.
This action is classified as a final rule that before a rule may take effect, the
because it makes an amendment to the F. Executive Order 13175 agency promulgating the rule must
Code of Federal Regulations (CFR). The submit a rule report, which includes a
The Agency has determined that this copy of the rule, to each House of the
amendment to the CFR is necessary to rule does not have any ‘‘tribal
allow for a one-time extension to the Congress and the Comptroller General of
implications’’ as described in Executive the United States. EPA will submit a
2006 reporting IUR period. This action Order 13175, entitled Consultation and
does not impose any new requirements report containing this rule and other
Coordination with Indian Tribal required information to the U.S. Senate,
or amend substantive requirements. Governments (65 FR 22951, November
This action is not subject to review by the U.S. House of Representatives, and
6, 2000). Executive Order 13175, the Comptroller General of the United
the Office of Management and Budget requires EPA to develop an accountable
(OMB) under Executive Order 12866, States prior to publication of the rule in
process to ensure ‘‘meaningful and the Federal Register. This rule is not a
entitled Regulatory Planning and timely input by tribal officials in the
Review (58 FR 51735, October 4, 1993). ‘‘major rule’’ as defined by 5 U.S.C.
development of regulatory policies that 804(2).
B. Paperwork Reduction Act have tribal implications.’’ This final rule
will not have substantial direct effects List of Subjects in 40 CFR Part 710
This final rule does not contain any
information collections subject to OMB on tribal governments, on the Environmental protection, Chemicals,
approval under the Paperwork relationship between the Federal Hazardous materials, Inventory Update
Reduction Act (PRA), 44 U.S.C. 3501 et Government and Indian tribes, or on the Reporting, IUR, Reporting and
seq. distribution of power and recordkeeping requirements, TSCA.
responsibilities between the Federal
C. Regulatory Flexibility Act Government and Indian tribes, as Dated: December 15, 2006.
Because this action does not impose specified in Executive Order 13175. James B. Gulliford,
any new requirements or amend the Thus, Executive Order 13175 does not Assistant Administrator, Office of Prevention,
substantive requirements, EPA certifies apply to this rule. Pesticides and Toxic Substances.
this action will not have a significant G. Executive Order 13045 ■Therefore, 40 CFR chapter I is
economic impact on a substantial amended as follows:
number of small entities and there will This action does not require OMB
be no adverse impact on small entities review or any other Agency action PART 710—[AMENDED]
resulting from this action under section under Executive Order 13045, entitled
Protection of Children from ■ 1. The authority citation for part 710
605(b) of the Regulatory Flexibility Act
Environmental Health Risks and Safety continues to read as follows:
(RFA) (5 U.S.C. 601 et seq.)
Risks (62 FR 19885, April 23, 1997). Authority: 15 U.S.C. 2607(a).
D. Unfunded Mandates Reform Act
H. Executive Order 13211 ■ 2. In § 710.53, revise the second
This action does not impose any
enforceable duty or contain any sentence to read as follows:
Because this final rule is exempt from
unfunded mandate as described under review under Executive Order 12866 § 710.53 When to report.
Title II of the Unfunded Mandates due to its lack of significance, this final * * * The first submission period is
Reform Act of 1995 (UMRA) (Public rule is not subject to Executive Order from August 25, 2006 to March 23,
Law 104–4). 13211, entitled Actions Concerning 2007.* * *
E. Executive Order 13132 Regulations That Significantly Affect [FR Doc. E6–21711 Filed 12–19–06; 8:45 am]
Energy Supply, Distribution, or Use (66
The Agency has determined that this BILLING CODE 6560–50–S
FR 28355, May 22, 2001).
action will not have a substantial direct
effect on States, on the relationship I. National Technology Transfer
between the national government and Advancement Act
the States, or on the distribution of DEPARTMENT OF HOMELAND
power and responsibilities among the This action does not involve any SECURITY
various levels of government, as technical standards that would require
Agency consideration of voluntary Federal Emergency Management
specified in Executive Order 13132,
consensus standards pursuant to section Agency
entitled Federalism (64 FR 43255,
August 10, 1999). Executive Order 12(d) of the National Technology
Transfer and Advancement Act of 1995 44 CFR Part 67
13132 requires EPA to develop an
accountable process to ensure (NTTAA), Public Law 104–113, section
12(d) (15 U.S.C. 272 note). Final Flood Elevation Determinations
‘‘meaningful and timely input by State
and local officials in the development of J. Executive Order 12898 AGENCY: Federal Emergency
regulatory policies that have federalism Management Agency, DHS.
implications.’’ ‘‘Policies that have This action does not involve special ACTION: Final rule.
federalism implications’’ is defined in considerations of environmental justice
the Executive Order to include related issues as required by Executive SUMMARY: Base (1% annual chance)
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regulations that have ‘‘substantial direct Order 12898, entitled Federal Actions to Flood Elevations (BFEs) and modified
effects on the States, on the relationship Address Environmental Justice in BFEs are made final for the
between the national government and Minority Populations and Low-Income communities listed below. The BFEs
the States, or on the distribution of Populations (59 FR 7629, February 16, and modified BFEs are the basis for the
power and responsibilities among the 1994). floodplain management measures that
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