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Federal Register / Vol. 86, No. 3 / Wednesday, January 6, 2021 / Rules and Regulations
V. Statutory and Executive Order Reviews Additional information about these statutes and Executive orders can be found at https www.epa.gov/lawsregulations-and-executive-orders.
A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulations and Regulatory Review This action is a significant regulatory action that was submitted to the Office of Management and Budget OMB for review under Executive Order 12866 58
FR 51735, October 4, 1993 and 13563
76 FR 3821, January 21, 2011. Any changes made in response to OMB
recommendations have been documented in the docket for this action as required by section 6a3E of Executive Order 12866.
EPA prepared an economic analysis of the potential costs and benefits associated with this action. A copy of this economic analysis Economic Analysis for Regulation of 2,4,6Tristert-butylphenol 2,4,6-TTBP
Under TSCA Section 6h Ref. 3 is in the docket and is briefly summarized in Unit III.B.3.

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B. Executive Order 13771: Reducing Regulation and Controlling Regulatory Costs This action is considered a regulatory action under Executive Order 13771 82
FR 9339, February 3, 2017. Details on the estimated costs of this final rule can be found in the Economic Analysis Ref.
3, which is briefly summarized in Unit III.B.3.
C. Paperwork Reduction Act PRA
The information collection activities in this rule have been submitted for approval to the Office of Management and Budget OMB under the PRA, 44
U.S.C. 3501 et seq. The Information Collection Request ICR document that the EPA prepared has been assigned EPA ICR number 2599.02 and OMB
Control No. 20700213. A copy of the ICR is available in the docket for this rule, and it is briefly summarized here.
The information collection requirements are not enforceable until OMB approves them.
Respondents/affected entities: Entities potentially affected by paperwork requirements of this final rule include one manufacture and nine processors.
Respondents obligation to respond:
Mandatory.
Estimated number of respondents: 10.
Frequency of response: On occasion.
Total estimated burden: Five hours per year. Burden is defined at 5 CFR
1320.3b.

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Total estimated cost: $393per year, includes $0 annualized capital or operation & maintenance costs.
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 EPAs regulations in 40
CFR are listed in 40 CFR part 9. When OMB approves this 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.
D. Regulatory Flexibility Act RFA
This action will not have a significant economic impact on a substantial number of small entities under the RFA, 5 U.S.C. 601 et seq. The small entities subject to the requirements of this action are small businesses that process, or distribute-in-commerce 2,4,6-TTBP.
In total, three small businesses are expected to be affected by the rule. Of the small entities assessed, none 0%
are expected to incur impacts of 1% or greater of their revenue. Because only three small businesses are directly impacted and impacts are less than 1%
for all small entities, EPA presumes no significant economic impact on a substantial number of small entities no SISNOSE. Details of this analysis are presented in the Economic Analysis Ref. 3.
E. 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.
15311538, and would not significantly or uniquely affect small governments.
The final rule is not expected to result in expenditures by State, local, and Tribal governments, in the aggregate, or by the private sector, of $100 million or more when adjusted annually for inflation in any one year. Accordingly, this final rule is not subject to the requirements of sections 202, 203, or 205 of UMRA. The total quantified annualized social costs for this final rule under are approximately $5.6 million at a 3% discount rate and $4.9 million at a 7% discount rate, which does not exceed the inflation-adjusted unfunded mandate threshold of $160 million.
F. Executive Order 13132: Federalism This action does not have federalism implications because it is not expected to have substantial direct effects on the states, on the relationship between the national government and the states, or
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on the distribution of power and responsibilities among the various levels of government as specified in Executive Order 13132 64 FR 43255, August 10, 1999. Thus, Executive Order 13132 does not apply to this action.
G. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments This action does not have tribal implications because it is not expected to have substantial direct effects 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 Executive Order 13175 65 FR 67249, November 9, 2000.
Thus, Executive Order 13175 does not apply to this final rule.
Consistent with the EPA Policy on Consultation and Coordination with Indian Tribes, the EPA consulted with tribal officials during the development of this action. EPA consulted with representatives of Tribes via teleconference on August 31, 2018, and September 6, 2018, concerning the prospective regulation of the five PBT
chemicals under TSCA section 6h.
Tribal members were encouraged to provide additional comments after the teleconferences. EPA received two comments from the Keweenaw Bay Indian Community Ref. 12 and Maine Tribes Ref. 13.
H. Executive Order 13045: Protection of Children From Environmental Health and Safety Risks This action is not subject to Executive Order 13045 62 FR 19885, April 23, 1997 because it is not an economically significant regulatory action as defined by Executive Order 12866. Although the action is not subject to Executive Order 13045, the Agency considered the risks to infants and children under EPAs Policy on Evaluating Health Risks to Children. EPA did not perform a risk assessment or risk evaluation of 2,4,6TTBP, however available data indicate the potential for reproductive and developmental effects from 2,4,6-TTBP.
More information can be found in the Exposure and Use Assessment Ref. 4
and the Environmental and Human Health Hazards of Five Persistent, Bioaccumulative and Toxic Chemicals Ref. 10. This regulation will reduce the exposure to 2,4,6-TTBP for the general population and for susceptible subpopulations such as workers and children.

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