81 FR 45416 - Significant New Use Rules on Certain Chemical Substances; Withdrawal

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 135 (July 14, 2016)

Page Range		45416-45417
FR Document		2016-16576

EPA is withdrawing significant new use rules (SNURs) promulgated under the Toxic Substances Control Act (TSCA) for three chemical substances, which were the subject of premanufacture notices (PMNs). EPA published these SNURs using direct final rulemaking procedures, which requires EPA to take certain actions if an adverse comment is received. EPA received adverse comments regarding the SNURs identified in this document. Therefore, the Agency is withdrawing the direct final rule SNURs identified in this document, as required under the direct final rulemaking procedures.

Federal Register, Volume 81 Issue 135 (Thursday, July 14, 2016)

[Federal Register Volume 81, Number 135 (Thursday, July 14, 2016)]
[Rules and Regulations]
[Pages 45416-45417]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-16576]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 9 and 721

[EPA-HQ-OPPT-2015-0810; FRL-9948-81]
RIN 2070-AB27


Significant New Use Rules on Certain Chemical Substances; 
Withdrawal

AGENCY: Environmental Protection Agency (EPA).

ACTION: Partial withdrawal of direct final rule.

-----------------------------------------------------------------------

SUMMARY: EPA is withdrawing significant new use rules (SNURs) 
promulgated under the Toxic Substances Control Act (TSCA) for three 
chemical substances, which were the subject of premanufacture notices 
(PMNs). EPA published these SNURs using direct final rulemaking 
procedures, which requires EPA to take certain actions if an adverse 
comment is received. EPA received adverse comments regarding the SNURs 
identified in this document. Therefore, the Agency is withdrawing the 
direct final rule SNURs identified in this document, as required under 
the direct final rulemaking procedures.

DATES: This rule is effective July 15, 2016.

ADDRESSES: The docket for this action, identified by docket 
identification (ID) number EPA-HQ-OPPT-2015-0810, 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), West William Jefferson Clinton 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: [email protected].
    For general information contact: The TSCA-Hotline, ABVI-Goodwill, 
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202) 
554-1404; email address: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Does this action apply to me?

    A list of potentially affected entities is provided in the Federal 
Register of May 16, 2016 (81 FR 30452) (FRL-9944-77). If you have 
questions regarding the applicability of this action to a particular 
entity, consult the technical person listed under FOR FURTHER 
INFORMATION CONTACT.

II. What direct final SNURs are being withdrawn?

    In the May 16, 2016 Federal Register, EPA issued direct final SNURs 
for the chemical substances that are identified in this document. These 
direct final SNURs were issued under the procedures in 40 CFR part 721, 
subpart D. Because the Agency received notices of intent to submit 
adverse comments,

[[Page 45417]]

in accordance with Sec.  721.160(c)(3)(ii), EPA is withdrawing the 
direct final SNURS issued for the following chemical substances, which 
were the subject of PMNs: Functionalized carbon nanotubes (generic), 
(PMN P-15-276), Diisocyanato hexane, homopolymer, alkanoic acid-
polyalkylene glycol ether with substituted alkane (3:1) reaction 
products-blocked (generic), (PMN P-15-378), and Modified 
diphenylmethane diisocyanate prepolymer with polyol (generic), (PMN P-
15-559). EPA intends to publish proposed SNURs for the chemical 
substances identified in this document.
    For further information regarding EPA's direct final rulemaking 
procedures for issuing SNURs, see 40 CFR part 721, subpart D, and the 
Federal Register of July 27, 1989 (54 FR 31314).

III. Good Cause Finding

    EPA determined that this document is not subject to the 30-day 
delay of effective date generally required by the Administrative 
Procedure Act (APA) (5 U.S.C. 553(d)) because of the time limitations 
for publication in the Federal Register. This document must publish on 
or before the effective date of the direct final rule containing the 
direct final SNURs being withdrawn.

IV. Statutory and Executive Order Reviews

    This action withdraws regulatory requirements that have not gone 
into effect and which contain no new or amended requirements. As such, 
the Agency has determined that this action will not have any adverse 
impacts, economic or otherwise. The statutory and Executive Order 
review requirements applicable to the direct final rule were discussed 
in the May 16, 2016 Federal Register. Those review requirements do not 
apply to this action because it is a withdrawal and does not contain 
any new or amended requirements.

V. Congressional Review Act (CRA)

    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). Section 808 of the CRA allows the 
issuing agency to make a rule effective sooner than otherwise provided 
by CRA if the agency makes a good cause finding that notice and public 
procedure is impracticable, unnecessary, or contrary to the public 
interest. As required by 5 U.S.C. 808(2), this determination is 
supported by a brief statement in Unit III.

List of Subjects

40 CFR Part 9

    Environmental protection, Reporting and recordkeeping requirements.

40 CFR Part 721

    Environmental protection, Chemicals, Hazardous substances, 
Reporting and recordkeeping requirements.

    Dated: July 7, 2016.
Maria J. Doa,
Director, Chemical Control Division, Office of Pollution Prevention and 
Toxics.

    Therefore, 40 CFR chapter I is amended as follows:

PART 9--[AMENDED]

0
1. The authority citation for part 9 continues to read as follows:

    Authority:  7 U.S.C. 135 et seq., 136-136y; 15 U.S.C. 2001, 
2003, 2005, 2006, 2601-2671; 21 U.S.C. 331j, 346a, 348; 31 U.S.C. 
9701; 33 U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318, 1321, 1326, 
1330, 1342, 1344, 1345(d) and (e), 1361; E.O. 11735, 38 FR 21243, 3 
CFR, 1971-1975 Comp. p. 973; 42 U.S.C. 241, 242b, 243, 246, 300f, 
300g, 300g-1, 300g-2, 300j-2, 300j-3, 300j-4, 300j-9, 1857 et seq., 
6901-6992k, 7401-7671q, 7542, 9601-9657, 11023, 11048.


Sec.  9.1  [Amended]

0
2. In the table in Sec.  9.1, under the undesignated center heading 
``Significant New Uses of Chemical Substances,'' remove Sec. Sec.  
721.10902, 721.10913 and 721.10920.

PART 721--[AMENDED]

0
3. The authority citation for part 721 continues to read as follows:

    Authority:  15 U.S.C. 2604, 2607, and 2625(c).


Sec.  721.10902  [Removed]

0
4. Remove Sec.  721.10902.


Sec.  721.10913  [Removed]

0
5. Remove Sec.  721.10913.


Sec.  721.10920  [Removed]

0
6. Remove Sec.  721.10920.

[FR Doc. 2016-16576 Filed 7-13-16; 8:45 am]
 BILLING CODE 6560-50-P

45416 Federal Register / Vol. 81, No. 135 / Thursday, July 14, 2016 / Rules and Regulations

Categorical Exclusion Determination are Guard District within a 100 yard radius procedures, which requires EPA to take
available in the docket where indicated of any tall ship. certain actions if an adverse comment is
under ADDRESSES. We seek any (c) Regulations. (1) No person or received. EPA received adverse
comments or information that may lead vessel is allowed within the safety zone comments regarding the SNURs
to the discovery of a significant unless authorized by the cognizant identified in this document. Therefore,
environmental impact from this rule. Captain of the Port, their designated the Agency is withdrawing the direct
representative, or the on-scene official final rule SNURs identified in this
G. Protest Activities patrol. document, as required under the direct
The Coast Guard respects the First (2) Persons or vessels operating final rulemaking procedures.
Amendment rights of protesters. within a confined harbor or channel, DATES: This rule is effective July 15,
Protesters are asked to contact the where there is not sufficient navigable 2016.
person listed in the FOR FURTHER water outside of the safety zone to safely
ADDRESSES: The docket for this action,
INFORMATION CONTACT section to maneuver are allowed to operate within
identified by docket identification (ID)
coordinate protest activities so that your the safety zone and shall travel at the
number EPA–HQ–OPPT–2015–0810, is
message can be received without minimum speed necessary to maintain a
available at http://www.regulations.gov
jeopardizing the safety or security of safe course. Vessels operating within the
or at the Office of Pollution Prevention
people, places or vessels. safety zone shall not come within 25
and Toxics Docket (OPPT Docket),
yards of a tall ship unless authorized by
List of Subjects in 33 CFR Part 165 Environmental Protection Agency
the cognizant Captain of the Port, their
Docket Center (EPA/DC), West William
Harbors, Marine safety, Navigation designated representative, or the on-
Jefferson Clinton Bldg., Rm. 3334, 1301
(water), Reporting and recordkeeping scene official patrol.
Constitution Ave. NW., Washington,
requirements, Security measures, (3) When a tall ship approaches any
DC. The Public Reading Room is open
Waterways. vessel that is moored or anchored, the
from 8:30 a.m. to 4:30 p.m., Monday
For the reasons discussed in the stationary vessel must stay moored or
through Friday, excluding legal
preamble, the Coast Guard amends 33 anchored while it remains within the
holidays. The telephone number for the
CFR part 165 as follows: tall ship’s safety zone unless ordered by
Public Reading Room is (202) 566–1744,
or given permission from the cognizant
and the telephone number for the OPPT
PART 165—REGULATED NAVIGATION Captain of the Port, their designated
Docket is (202) 566–0280. Please review
AREAS AND LIMITED ACCESS AREAS representative, or the on-scene official
the visitor instructions and additional
patrol to do otherwise.
■ 1. The authority citation for part 165 (d) Effective period. This rule is information about the docket available
continues to read as follows: effective from 12:01 a.m. on Wednesday, at http://www.epa.gov/dockets.
July 6, 2016 through 12:01 a.m. on FOR FURTHER INFORMATION CONTACT:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
33 CFR 1.05–1(g), 6.04–1, 6.04–6, and 160.5; Monday, September 12, 2016. For technical information contact:
Department of Homeland Security Delegation (e) Navigation Rules. The Navigation Kenneth Moss, Chemical Control
No. 0170.1. Rules shall apply at all times within a Division (7405M), Office of Pollution
■ 2. Add § 165.T09–0073 to read as tall ships safety zone. Prevention and Toxics, Environmental
follows: Protection Agency, 1200 Pennsylvania
Dated: July 5, 2016. Ave. NW., Washington, DC 20460–0001;
§ 165.T09–0073 Safety Zone; Tall Ships J.E. Ryan, telephone number: (202) 564–9232;
Challenge Great Lakes 2016; Fairport Rear Admiral, U.S. Coast Guard, Commander, email address: moss.kenneth@epa.gov.
Harbor, OH, Bay City, MI, Chicago, IL, Green Ninth Coast Guard District. For general information contact: The
Bay, WI, Sturgeon Bay, WI, Duluth, MN, Erie, [FR Doc. 2016–16711 Filed 7–13–16; 8:45 am] TSCA-Hotline, ABVI-Goodwill, 422
PA. BILLING CODE 9110–04–P South Clinton Ave., Rochester, NY
(a) Definitions. The following 14620; telephone number: (202) 554–
definitions apply to this section: 1404; email address: TSCA-Hotline@
(1) Navigation Rules means the ENVIRONMENTAL PROTECTION epa.gov.
Navigation Rules, International and AGENCY SUPPLEMENTARY INFORMATION:
Inland (See, 1972 COLREGS and 33
U.S.C. 2001 et seq.). 40 CFR Parts 9 and 721 I. Does this action apply to me?
(2) Official Patrol means those [EPA–HQ–OPPT–2015–0810; FRL–9948–81] A list of potentially affected entities is
persons designated by Captain of the provided in the Federal Register of May
Port Buffalo, Detroit, Sault Ste. Marie, RIN 2070–AB27 16, 2016 (81 FR 30452) (FRL–9944–77).
Duluth and Lake Michigan to monitor a If you have questions regarding the
tall ship safety zone, permit entry into Significant New Use Rules on Certain
applicability of this action to a
the zone, give legally enforceable orders Chemical Substances; Withdrawal
particular entity, consult the technical
to persons or vessels within the zone, AGENCY: Environmental Protection person listed under FOR FURTHER
and take other actions authorized by the Agency (EPA). INFORMATION CONTACT.
cognizant Captain of the Port. ACTION: Partial withdrawal of direct
(3) Public Vessel means vessels II. What direct final SNURs are being
final rule. withdrawn?
owned, chartered, or operated by the
United States or by a State or political SUMMARY: EPA is withdrawing In the May 16, 2016 Federal Register,
mstockstill on DSK3G9T082PROD with RULES

subdivision thereof. significant new use rules (SNURs) EPA issued direct final SNURs for the
(4) Tall Ship means any sailing vessel promulgated under the Toxic chemical substances that are identified
participating in the Tall Ships Challenge Substances Control Act (TSCA) for three in this document. These direct final
2016 in the Great Lakes. chemical substances, which were the SNURs were issued under the
(b) Location. The following areas are subject of premanufacture notices procedures in 40 CFR part 721, subpart
safety zones: all navigable waters of the (PMNs). EPA published these SNURs D. Because the Agency received notices
United States located in the Ninth Coast using direct final rulemaking of intent to submit adverse comments,

VerDate Sep<11>2014 15:55 Jul 13, 2016 Jkt 238001 PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 E:\FR\FM\14JYR1.SGM 14JYR1

Federal Register / Vol. 81, No. 135 / Thursday, July 14, 2016 / Rules and Regulations 45417

in accordance with § 721.160(c)(3)(ii), is impracticable, unnecessary, or ENVIRONMENTAL PROTECTION
EPA is withdrawing the direct final contrary to the public interest. As AGENCY
SNURS issued for the following required by 5 U.S.C. 808(2), this
chemical substances, which were the determination is supported by a brief 40 CFR Part 52
subject of PMNs: Functionalized carbon statement in Unit III.
nanotubes (generic), (PMN P–15–276), [EPA–R10–OAR–2016–0290; FRL–9948–97–
List of Subjects Region 10]
Diisocyanato hexane, homopolymer,
alkanoic acid-polyalkylene glycol ether 40 CFR Part 9 Approval and Promulgation of
with substituted alkane (3:1) reaction Implementation Plans; Washington:
products-blocked (generic), (PMN P–15– Environmental protection, Reporting Spokane Second 10-Year Carbon
378), and Modified diphenylmethane and recordkeeping requirements. Monoxide Limited Maintenance Plan
diisocyanate prepolymer with polyol
(generic), (PMN P–15–559). EPA intends 40 CFR Part 721 AGENCY: Environmental Protection
to publish proposed SNURs for the Agency (EPA).
Environmental protection, Chemicals,
chemical substances identified in this ACTION: Final rule.
Hazardous substances, Reporting and
document.
For further information regarding recordkeeping requirements. SUMMARY: The Environmental Protection
EPA’s direct final rulemaking Dated: July 7, 2016. Agency (EPA) is approving the limited
procedures for issuing SNURs, see 40 Maria J. Doa, maintenance plan submitted on May 11,
CFR part 721, subpart D, and the Director, Chemical Control Division, Office
2016, by the Washington Department of
Federal Register of July 27, 1989 (54 FR of Pollution Prevention and Toxics. Ecology (Ecology), in cooperation with
31314). the Spokane Regional Clean Air Agency
Therefore, 40 CFR chapter I is (SRCAA) for the Spokane carbon
III. Good Cause Finding
amended as follows: monoxide (CO) maintenance area
EPA determined that this document is (Spokane area or area). The Spokane
not subject to the 30-day delay of PART 9—[AMENDED] area includes the cities of Spokane,
effective date generally required by the Spokane Valley, Millwood, and
Administrative Procedure Act (APA) (5 ■ 1. The authority citation for part 9 surrounding urban areas in Spokane
U.S.C. 553(d)) because of the time continues to read as follows: County, Washington. This plan
limitations for publication in the addresses the second 10-year
Federal Register. This document must Authority: 7 U.S.C. 135 et seq., 136–136y;
15 U.S.C. 2001, 2003, 2005, 2006, 2601–2671;
maintenance period for the National
publish on or before the effective date Ambient Air Quality Standards
21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33
of the direct final rule containing the (NAAQS) promulgated for CO, as
U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318,
direct final SNURs being withdrawn. revised in 1985. The Spokane area has
1321, 1326, 1330, 1342, 1344, 1345(d) and
IV. Statutory and Executive Order (e), 1361; E.O. 11735, 38 FR 21243, 3 CFR, had no exceedances of the CO NAAQS
Reviews 1971–1975 Comp. p. 973; 42 U.S.C. 241, since 1997 and monitored CO levels in
242b, 243, 246, 300f, 300g, 300g–1, 300g–2, the area continue to decline steadily.
This action withdraws regulatory The EPA is also approving an
requirements that have not gone into 300j–2, 300j–3, 300j–4, 300j–9, 1857 et seq.,
6901–6992k, 7401–7671q, 7542, 9601–9657, alternative CO monitoring strategy for
effect and which contain no new or the Spokane area which was submitted
amended requirements. As such, the 11023, 11048.
as part of the limited maintenance plan.
Agency has determined that this action § 9.1 [Amended] DATES: This final rule is effective August
will not have any adverse impacts,
economic or otherwise. The statutory ■ 2. In the table in § 9.1, under the 15, 2016.
and Executive Order review undesignated center heading ADDRESSES: The EPA has established a
requirements applicable to the direct ‘‘Significant New Uses of Chemical docket for this action under Docket ID
final rule were discussed in the May 16, Substances,’’ remove §§ 721.10902, No. EPA–R10–OAR–2016–0290. All
2016 Federal Register. Those review 721.10913 and 721.10920. documents in the docket are listed on
requirements do not apply to this action the http://www.regulations.gov Web
because it is a withdrawal and does not PART 721—[AMENDED] site. Although listed in the index, some
contain any new or amended information may not be publicly
requirements. ■ 3. The authority citation for part 721 available, i.e., Confidential Business
continues to read as follows: Information or other information the
V. Congressional Review Act (CRA) disclosure of which is restricted by
Pursuant to the Congressional Review Authority: 15 U.S.C. 2604, 2607, and statute. Certain other material, such as
Act (5 U.S.C. 801 et seq.), EPA will 2625(c). copyrighted material, is not placed on
submit a report containing this rule and the Internet and is publicly available
§ 721.10902 [Removed]
other required information to the U.S. only in hard copy form. Publicly
Senate, the U.S. House of ■ 4. Remove § 721.10902. available docket materials are available
Representatives, and the Comptroller at http://www.regulations.gov or at EPA
General of the United States prior to § 721.10913 [Removed] Region 10, Office of Air and Waste, 1200
publication of the rule in the Federal Sixth Avenue, Seattle, Washington
5. Remove § 721.10913.
mstockstill on DSK3G9T082PROD with RULES

■
Register. This action is not a ‘‘major 98101. The EPA requests that you
rule’’ as defined by 5 U.S.C. 804(2). § 721.10920 [Removed] contact the person listed in the FOR
Section 808 of the CRA allows the FURTHER INFORMATION CONTACT section to
issuing agency to make a rule effective ■ 6. Remove § 721.10920. schedule your inspection. The Regional
sooner than otherwise provided by CRA [FR Doc. 2016–16576 Filed 7–13–16; 8:45 am] Office’s official hours of business are
if the agency makes a good cause BILLING CODE 6560–50–P
Monday through Friday, 8:30 to 4:30,
finding that notice and public procedure excluding Federal holidays.

VerDate Sep<11>2014 15:55 Jul 13, 2016 Jkt 238001 PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 E:\FR\FM\14JYR1.SGM 14JYR1

Document Created: 2016-07-14 01:55:07
Document Modified: 2016-07-14 01:55:07

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Partial withdrawal of direct final rule.
Dates		This rule is effective July 15, 2016.
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
FR Citation		81 FR 45416
RIN Number		2070-AB27
CFR Citation		40 CFR 721 40 CFR 9
CFR Associated		Chemicals; Hazardous Substances; Environmental Protection and Reporting and Recordkeeping Requirements