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Federal Register / Vol. 86, No. 213 / Monday, November 8, 2021 / Rules and Regulations the technical person listed under FOR
FURTHER INFORMATION CONTACT.
1. EPA. Reporting Requirements for TSCA
Mercury Inventory: Mercury; Final Rule. Federal Register 83 FR 30054, June 27, 2018 FRL997974.
2. United States Court of Appeals for the Second Circuit. Natural Resources Defense Council, Inc. and State of Vermont v. United States Environmental Protection Agency, 961 F.3d 160 2d. Cir.
2020.
3. EPA. Economic Analysis for the Final Rule on Revisions to the Reporting Requirements for the TSCA Mercury Inventory.

III. Statutory and Executive Order Reviews Additional information about these statutes and Executive Orders can be found at https www2.epa.gov/lawsregulations/laws-and-executive-orders.

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A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review This action is not a significant regulatory action and was therefore not submitted to the Office of Management and Budget OMB for review under Executive Orders 12866 58 FR 51735, October 4, 1993 and 13563 76 FR 3821, January 21, 2011.
B. Paperwork Reduction Act PRA
The revised information collection activities in this rule have been submitted for approval to OMB under the PRA, 44 U.S.C. 3501 et seq., as part of a request to renew the existing approval under OMB Control No. 2070
0207. The renewal Information Collection Request ICR document that EPA prepared has been assigned EPA
ICR No. 2567.04. You can find a copy of the ICR in the docket for this rule, and it is briefly summarized here. The revised information collection requirements are not enforceable until OMB approves them.
The ICR renewal request explains the necessary adjustments related to the Second Circuit vacatur. Applying the reporting requirements identified in the 2018 final rule to persons who manufacture including import a mercury-added product will provide EPA with more complete information necessary to prepare and periodically update an inventory of mercury supply, use, and trade in the United States, as required by TSCA section 8b10D.
These reporting requirements will help the Agency to prepare subsequent, triennial publications of the inventory, as well as to carry out the requirement of TSCA section 8b10C to identify any manufacturing processes or
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products that intentionally add mercury and recommend actions, including proposed revisions of Federal law or regulations, to achieve further reductions in mercury use. EPA intends to use information collected under the rule to assist in efforts to reduce the use of mercury in products and processes and to facilitate reporting on implementation of the Minamata Convention by the United States.
Respondents may claim some of the information reported to EPA under the final rule as CBI under TSCA section 14.
TSCA section 14c requires a supporting statement and certification for confidentiality claims asserted after June 22, 2016.
Respondents/affected entities:
Manufacturers, importers, and processors of mercury and mercuryadded products.
Respondents obligation to respond:
Mandatory 15 U.S.C. 2607b10D.
Estimated number of respondents:
756.
Frequency of response: Triennially.
Total estimated annual burden:
17,348 hours averaged over 3 years.
Burden is defined at 5 CFR 1320.3b.
Total estimated annual cost:
$1,384,999 averaged over 3 years, includes $0 annualized capital or operation and maintenance costs.
Change in burden estimates: Based on the numbers of reporters of mercury data to the IMERC Mercury-added Products Database, as well as EPAs TRI
program and CDR rule, there will be a change in manufacturers including importers or processors that could respond to this information collection.
The annual public burden for this collection of information is estimated about 23 hours per respondent. This request represents a decrease of 9 hours per respondent from that currently in the OMB inventory, or a total decrease of 20,522 hours from 72,567 to 52,045
hours. This change reflects a decrease in rule familiarization burden, a decrease in form completion burden due to mercury export prohibitions, and changes in the number of estimated respondents.
An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB
control number. The OMB control numbers for the EPA regulations in 40
CFR are listed in 40 CFR part 9. When OMB approves the renewal ICR, the Agency will announce that approval in the Federal Register and publish a technical amendment to 40 CFR part 9
to display the OMB control number for the approved information collection activities contained in this final rule.

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C. Regulatory Flexibility Act RFA
This action is not subject to the RFA, 5 U.S.C. 601 et seq. The RFA applies only to rules subject to notice and comment rulemaking requirements under the APA, 5 U.S.C. 553, or any other statute. This rule is not subject to notice and comment requirements because the Agency has invoked the APA good cause exemption under 5
U.S.C. 553b.
D. Unfunded Mandates Reform Act UMRA
This action does not contain an unfunded mandate of $100 million or more as described in UMRA, 2 U.S.C.
1531 through 1538, and does not significantly or uniquely affect small governments. As such, the requirements of sections 202, 203, 204, or 205 of UMRA do not apply to this action.
E. Executive Order 13132: Federalism This action does not have federalism implications, as specified in Executive Order 13132 64 FR 43255, August 10, 1999. It 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.
F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments This action does not have tribal implications as specified in Executive Order 13175 65 FR 67249, November 9, 2000. It will not have any effect on tribal governments, on the relationship between the Federal government and the Indian tribes, or on the distribution of power and responsibilities between the Federal government and Indian tribes, as specified in the Order. Thus, Executive Order 13175 does not apply to this action.
G. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks EPA interprets Executive Order 13045
62 FR 19885, April 23, 1997 as applying only to those regulatory actions that concern environmental health or safety risks that EPA has reason to believe may disproportionately affect children, per the definition of covered regulatory action in section 2202 of the Executive Order. This action is not subject to Executive Order 13045
because it does not concern an environmental health risk or safety risk.

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