02-6722. Protection of Stratospheric Ozone: Removal of Restrictions on Certain Fire Suppression Substitutes for Ozone-Depleting Substances; and Listing of Substitutes; Correction

AGENCY:

Environmental Protection Agency.

ACTION:

Direct final rule, correction.

SUMMARY:

The Environmental Protection Agency published in the Federal Register of January 29, 2002, a direct final rule related to the Significant New Alternatives Policy (SNAP) program. A couple of typographical errors in chemical formulas were made inadvertently. This document identifies and corrects these errors.

DATES:

These corrections are effective on April 1, 2002.

FOR FURTHER INFORMATION CONTACT:

Margaret Sheppard by telephone at [phone], by fax at [phone], by e-mail at [e-mail], or by mail at U.S. Environmental Protection Agency, Mail Code 6205J, Washington, DC 20460. Overnight or courier deliveries should be sent to the office location at 501 3rd Street, NW., Washington, DC, 20001. Further information can be found by calling the Stratospheric Protection Hotline at [phone], or by viewing EPA's Ozone Depletion World Wide Web site at www.epa.gov/​ozone/​title6/​snap/​.

SUPPLEMENTARY INFORMATION:

The Environmental Protection Agency published in the Federal Register of January 29, 2002 (66 FR 4185), a Direct Final Rule related to the Significant New Alternatives Policy (SNAP). In FR Doc. 02-1495, published on January 29, 2002, a couple of typographical errors to chemical formulas were made inadvertently. This document identifies and corrects these errors.

In FR Doc. 02-1495, published on January 29, 2002 (66 FR 4185), make the following corrections:

1. On page 4191 in the last paragraph of the third column, correct the formula “C₄ H₁₀” to read “C₄ F₁₀.”

2. On page 4200 in the third column, amendatory instruction 3a. is corrected to read as follows:

a. Revising the table entitled “Fire Suppression and Explosion Protection—Acceptable Subjects to Use Conditions: Total Flooding Agents” by removing the entries “C₃ F₈”, “CF₃ I” and “Gelled Halocarbon/Dry Chemical Suspension”.

Administrative Requirements

Section 553 of the Administrative Procedure Act, 5 U.S.C. 553(b)(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 rule without providing notice and an opportunity for public comment. We have determined that there is good cause for making today's rule final without prior proposal and opportunity for comment because we are merely correcting an incorrect citation in a previous action. Thus, notice and public procedure are unnecessary. We find that this constitutes good cause under 5 U.S.C. 553(b)(B).

Under Executive Order 12866 (58 FR 51735, October 4, 1993), this correction is not a “significant regulatory action” and is therefore not subject to review by the Office of Management and Budget (OMB). Because the EPA has made a “good cause” finding that this correction 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.), or to sections 202 and 205 of the Unfunded Mandates Reform Act of 1995 (UMRA) (Public Law 104-4). In addition, this correction does not significantly or uniquely affect small governments or impose a significant intergovernmental mandate, as described in sections 203 and 204 of the UMRA. This correction also does not significantly or uniquely affect the communities of tribal governments, as specified by Executive Order 13175 (65 FR 67249, November 6, 2000). This correction does not have substantial direct effects on the States, or on the relationship between the national government and the States, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999). This correction also is not subject to Executive Order 13045 (62 FR 19885, April 23, 1997) because it is not economically significant. This rule is not a “significant energy action” as defined in Executive Order 13211, “Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use” (66 FR 28355 (May 22, 2001)) because it is not likely to have a significant adverse effect on the supply, distribution, or use of energy.

This correction does not involve technical standards; thus, the requirements of section 12(d) of the National Technology Transfer and Advancement Act (NTTAA) of 1995 (15 U.S.C. 272) do not apply. This correction also does not involve special consideration of environmental justice related issues as required by Executive Order 12898 (59 FR 7629, February 16, 1994). This correction does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). The EPA's compliance with these statutes and Executive Orders for the underlying rule is discussed in the rule for the Removal of Restrictions on Certain Fire Suppression Substitutes for Ozone-Depleting Substances; and Listing of Substitutes.

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 rule effective sooner than otherwise provided by the Congressional Review Act if the agency makes 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, the EPA has made such a good cause finding, including the reasons therefor, and established an effective date of April 1, 2002. 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 correction in the Federal Register. This correction is not a “major rule” as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 82

• Environmental protection
• Administrative practice and procedure
• Air pollution control
• Reporting and recordkeeping requirements

Dated: February 25, 2002.

Drusilla Hufford,

Director, Global Programs Division.