81_FR_66110 81 FR 65924 - Chemical Data Reporting; 2016 Submission Period Extension

81 FR 65924 - Chemical Data Reporting; 2016 Submission Period Extension

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 186 (September 26, 2016)

Page Range65924-65926
FR Document2016-22974

EPA is amending the Toxic Substances Control Act (TSCA) Chemical Data Reporting (CDR) regulations by extending the submission deadline for 2016 reports from September 30, 2016 to October 31, 2016. This is a one-time extension for the 2016 submission period only. The CDR regulations require manufacturers (including importers) of certain chemical substances included on the TSCA Chemical Substance Inventory (TSCA Inventory) to report current data on the manufacturing, processing, and use of the chemical substances.

Federal Register, Volume 81 Issue 186 (Monday, September 26, 2016)
[Federal Register Volume 81, Number 186 (Monday, September 26, 2016)]
[Rules and Regulations]
[Pages 65924-65926]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-22974]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 711

[EPA-HQ-OPPT-2009-0187; FRL-9952-64]
RIN 2070-AJ43


Chemical Data Reporting; 2016 Submission Period Extension

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: EPA is amending the Toxic Substances Control Act (TSCA) 
Chemical Data Reporting (CDR) regulations by extending the submission 
deadline for 2016 reports from September 30, 2016 to October 31, 2016. 
This is a one-time extension for the 2016 submission period only. The 
CDR regulations require manufacturers (including importers) of certain 
chemical substances included on the TSCA Chemical Substance Inventory 
(TSCA Inventory) to report current data on the manufacturing, 
processing, and use of the chemical substances.

DATES: This final rule is effective September 26, 2016.

ADDRESSES: The docket for this action, identified by docket 
identification (ID) number EPA-HQ-OPPT-2009-0187, 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: Susan Sharkey, Chemical Control 
Division (7405M), Office of Pollution Prevention and Toxics, 
Environmental Protection Agency, 1200 Pennsylvania Ave. NW., 
Washington, DC 20460-0001; telephone number: (202) 564-8789; 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?

    You may be potentially affected by this action if you manufacture 
(including import and manufacture as a byproduct) chemical substances 
listed on the TSCA Inventory. The following list of North American 
Industrial Classification System (NAICS) codes is not intended to be 
exhaustive, but rather provides a guide to help readers determine 
whether this document applies to them. Potentially affected entities 
may include but are not limited to:
     Chemical manufacturers (including importers) (NAICS codes 
325 and 324110, e.g., chemical manufacturing and processing and 
petroleum refineries).
     Chemical users and processors who may manufacture a 
byproduct chemical substance (NAICS codes 22, 322, 331, and 3344, e.g., 
utilities, paper manufacturing, primary metal manufacturing, and 
semiconductor and other electronic component manufacturing).

[[Page 65925]]

II. Background

A. What action is the Agency taking?

    The 2016 CDR submission period is from June 1 to September 30, 2016 
(40 CFR 711.20). EPA is issuing this amendment to extend the deadline 
for 2016 CDR submission reports until October 31, 2016. This is a one-
time extension: Subsequent submission periods (recurring every four 
years, next in 2020) are not being amended.
    The Agency is taking this action in response to concerns raised by 
the regulated community about their ability to submit the required 
information within the prescribed period. The written request to extend 
the CDR submission period is included in the docket (see ADDRESSES). 
The compelling concerns raised by industry include delays in reporting 
as a result of issues associated with several aspects of electronic 
reporting. EPA believes it is appropriate to extend the reporting 
period to allow the regulated community additional time to submit their 
reports. With respect to the timing of this action, the need for the 
Agency to extend the deadline arose, in part, as a result of issues 
experienced by the regulated community with several aspects of 
electronic reporting that were brought to the Agency's attention only 
recently. Specifically, these issues include difficulties with inexact 
entries when using XML Schema and the length of time for data 
validation.

B. What is the Agency's authority for taking this action?

    The CDR rule was issued pursuant to the authority of TSCA section 
8(a), 15 U.S.C. 2607(a). Under section 553(b)(3)(B) of the 
Administrative Procedure Act (APA), 5 U.S.C. 553(b)(3)(B), the Agency 
may issue a final rule without a prior proposal if it finds that notice 
and public participatory procedures are impracticable, unnecessary, or 
contrary to the public interest. In this case, for the extension 
sought, the Agency does find that normal notice and public process 
rulemaking is impracticable. Given that the current reporting deadline 
is September 30, 2016, it is impracticable to follow notice and comment 
procedures on an extension of that deadline, because that process would 
not allow the rule to be finalized before the current reporting 
deadline. The Agency only recently learned that the regulated community 
was having difficulty related to the required electronic reporting 
mechanism. Individual entities provided information about technical 
issues and reporting difficulties, but the collective significance of 
these issues was not apparent until the Agency completed review of a 
letter from the American Chemistry Council dated August 30, 2016 (Ref. 
1).
    This action does not alter the substantive CDR reporting 
requirements in any way. The Agency also believes the one-time 
extension will not result in a significant delay in the processing and 
availability of CDR information to potential users. Further, this 
action is consistent with the public interest because it is designed to 
facilitate compliance with the CDR rule and to ensure that the 2016 
collection includes accurate data on chemical manufacturing, 
processing, and use in the United States. Finally, any impact on the 
regulated community is expected to be beneficial given that the one-
time extension provides additional time to submit accurate CDR reports 
to EPA.
    Similarly, under APA section 553(d), 5 U.S.C. 553(d), the Agency 
may make a rule immediately effective ``for good cause found and 
published with the rule.'' For the reasons discussed in this unit, EPA 
believes that there is ``good cause'' to make this amendment effective 
upon publication in the Federal Register.

III. References

    The following is a listing of the documents that are specifically 
referenced in this document. The docket includes these documents and 
other information considered by EPA, including documents that are 
referenced within the documents that are included in the docket, even 
if the referenced document is not physically located in the docket. For 
assistance in locating these other documents, please consult the 
technical person listed under FOR FURTHER INFORMATION CONTACT.
    1. American Chemistry Council. ``Request for an Extension to the 
TSCA Chemical Data Reporting (CDR) 2016 Submission Period [Letter].'' 
August 30, 2016.

IV. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders 
can be found at http://www2.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866 and Executive Order 13563

    This action is classified as a final rule because it makes an 
amendment to the Code of Federal Regulations (CFR). The amendment to 
the CFR is necessary to allow for a one-time extension to the 2016 CDR 
reporting period. This action does not impose any new requirements or 
amend substantive requirements. This action is not a ``significant 
regulatory action'' under Executive Order 12866, entitled ``Regulatory 
Planning and Review'' (58 FR 51735, October 4, 1993) and Executive 
Order 13563 entitled ``Improving Regulation and Regulatory Review'' (76 
FR 3821, January 21, 2011).

B. Paperwork Reduction Act (PRA)

    This final rule does not contain any new or revised information 
collections subject to OMB approval under the PRA, 44 U.S.C. 3501 et 
seq.

C. Regulatory Flexibility Act (RFA)

    This final rule 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 under the APA 
because the Agency has invoked the APA ``good cause'' exemption.

D. Unfunded Mandates Reform Act (UMRA) and Executive Orders 13132 and 
13175

    This action will not have substantial direct effects on State or 
tribal governments, on the relationship between the Federal Government 
and States or Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and States or Indian 
tribes. As a result, no action is required under Executive Order 13132, 
entitled ``Federalism'' (64 FR 43255, August 10, 1999), or under 
Executive Order 13175, entitled ``Consultation and Coordination with 
Indian Tribal Governments'' (65 FR 67249, November 9, 2000). Nor does 
it impose any enforceable duty or contain any unfunded mandate as 
described under Title II of UMRA, 2 U.S.C. 1531-1538.

E. Executive Orders 13045, 13211, and 12898

    This action is not a ``significant regulatory action'' as defined 
by Executive Order 12866. As a result, this action is not subject to 
Executive Order 13045, entitled ``Protection of Children from 
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23, 
1997) and Executive Order 13211 entitled ``Actions Concerning 
Regulations That Significantly Affect Energy Supply, Distribution, or 
Use'' (66 FR 28355, May 22, 2001). In addition, this action also does 
not require any special considerations under Executive Order 12898 
entitled ``Federal Actions to Address Environmental Justice in

[[Page 65926]]

Minority Populations and Low-Income Populations'' (59 FR 7629, February 
16, 1994).

F. National Technology Transfer and Advancement Act (NTTAA)

    This action does not involve any technical standards that would 
require Agency consideration of voluntary consensus standards pursuant 
to section 12(d) of the NTTAA, 15 U.S.C. 272 note.

V. Congressional Review Act (CRA)

    This action is subject to the CRA, 5 U.S.C. 801 et seq., and EPA 
will submit a rule report to each House of the Congress and to the 
Comptroller General of the United States. This action is not a ``major 
rule'' as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 711

    Environmental protection, Chemicals, Confidential Business 
Information (CBI), Hazardous materials, Importer, Manufacturer, 
Reporting and recordkeeping requirements.

    Dated: September 16, 2016.
Jim Jones,
Assistant Administrator, Office of Chemical Safety and Pollution 
Prevention.

    Therefore, 40 CFR chapter I is amended as follows:

PART 711--[AMENDED]

0
 1. The authority citation for part 711 continues to read as follows:

    Authority:  15 U.S.C. 2607(a).


0
2. In Sec.  711.20, revise the second and third sentences to read as 
follows.


Sec.  711.20  When to report.

    * * * The 2016 CDR submission period is from June 1, 2016 to 
October 31, 2016. Subsequent recurring submission periods are from June 
1 to September 30 at 4-year intervals, beginning in 2020.* * *

[FR Doc. 2016-22974 Filed 9-23-16; 8:45 am]
 BILLING CODE 6560-50-P



                                                65924                 Federal Register / Vol. 81, No. 186 / Monday, September 26, 2016 / Rules and Regulations

                                                VII. Congressional Review Act                                            PART 180—[AMENDED]                                                                                                    Parts per
                                                                                                                                                                                                                 Commodity                      million
                                                  Pursuant to the Congressional Review                                   ■ 1. The authority citation for part 180
                                                Act (5 U.S.C. 801 et seq.), EPA will                                     continues to read as follows:                                             Potato, processed potato waste.1                     1.0
                                                submit a report containing this rule and                                     Authority: 21 U.S.C. 321(q), 346a and 371.
                                                other required information to the U.S.                                                                                                                *         *          *               *        *
                                                Senate, the U.S. House of                                                ■ 2. In § 180.627:                                                        Vegetable, tuberous and corm,
                                                                                                                         ■ a. In the table in paragraph (a), add                                     subgroup 1C ...........................        0.09
                                                Representatives, and the Comptroller                                                                                                               Vegetable, tuberous and corm,
                                                                                                                         alphabetically entries for ‘‘Potato,
                                                General of the United States prior to                                    granules/flakes’’ and ‘‘Potato, processed                                   subgroup 1C 1 .........................            0.3
                                                publication of the rule in the Federal                                   potato waste,’’ revise the existing entry                                    1 This   tolerance expires on March 27, 2017.
                                                Register. This action is not a ‘‘major                                   for ‘‘Potato, processed potato waste,’’
                                                rule’’ as defined by 5 U.S.C. 804(2).                                    and add an entry for ‘‘Vegetable,                       (b) Section 18 emergency exemptions.
                                                                                                                         tuberous and corm, subgroup 1C’’; and                Time-limited tolerances specified in the
                                                List of Subjects in 40 CFR Part 180                                                                                           following table are established for
                                                                                                                         ■ b. Revise paragraph (b).
                                                  Environmental protection,                                                The additions and revisions read as                residues of the fluopicolide, including
                                                Administrative practice and procedure,                                   follows:                                             its metabolites and degradates, in or on
                                                Agricultural commodities, Pesticides                                                                                          the specified agricultural commodities,
                                                                                                                         § 180.627 Fluopicolide; tolerances for               resulting from use of the pesticide
                                                and pests, Reporting and recordkeeping                                   residues.                                            pursuant to FIFRA section 18
                                                requirements.                                                               (a) * * *                                         emergency exemptions. Compliance
                                                   Dated: September 13, 2016.                                                                                                 with the tolerance levels specified
                                                Daniel J. Rosenblatt,                                                                                            Parts per    below is to be determined by measuring
                                                                                                                                    Commodity                     million
                                                Acting Director, Registration Division, Office                                                                                only fluopicolide [2,6-dichloro-N-[[3-
                                                of Pesticide Programs.                                                                                                        chloro-5-(trifluoromethyl)-2-
                                                                                                                             *        *         *              *        *     pyridinyl]methyl]benzamide] in or on
                                                  Therefore, 40 CFR chapter I is                                         Potato, granules/flakes ...............        0.15 the commodity. The tolerances expire
                                                amended as follows:                                                      Potato, processed potato waste                   0.2 on the date specified in the table.

                                                                                                                                                                                                                Parts per
                                                                                                                    Commodity                                                                                                        Expiration date
                                                                                                                                                                                                                 million

                                                Hop, dried cones .........................................................................................................................................                  30   December 31, 2019.



                                                *        *        *         *        *                                   DATES:  This final rule is effective                                     14620; telephone number: (202) 554–
                                                [FR Doc. 2016–23184 Filed 9–23–16; 8:45 am]                              September 26, 2016.                                                      1404; email address: TSCA-Hotline@
                                                BILLING CODE 6560–50–P                                                   ADDRESSES: The docket for this action,                                   epa.gov.
                                                                                                                         identified by docket identification (ID)
                                                                                                                                                                                                  SUPPLEMENTARY INFORMATION:
                                                                                                                         number EPA–HQ–OPPT–2009–0187, is
                                                ENVIRONMENTAL PROTECTION                                                 available at http://www.regulations.gov                                  I. Does this action apply to me?
                                                AGENCY                                                                   or at the Office of Pollution Prevention
                                                                                                                         and Toxics Docket (OPPT Docket),                                            You may be potentially affected by
                                                40 CFR Part 711
                                                                                                                         Environmental Protection Agency                                          this action if you manufacture
                                                [EPA–HQ–OPPT–2009–0187; FRL–9952–64]                                     Docket Center (EPA/DC), West William                                     (including import and manufacture as a
                                                                                                                         Jefferson Clinton Bldg., Rm. 3334, 1301                                  byproduct) chemical substances listed
                                                RIN 2070–AJ43                                                            Constitution Ave. NW., Washington,                                       on the TSCA Inventory. The following
                                                                                                                         DC. The Public Reading Room is open                                      list of North American Industrial
                                                Chemical Data Reporting; 2016                                            from 8:30 a.m. to 4:30 p.m., Monday                                      Classification System (NAICS) codes is
                                                Submission Period Extension                                              through Friday, excluding legal                                          not intended to be exhaustive, but rather
                                                AGENCY:  Environmental Protection                                        holidays. The telephone number for the                                   provides a guide to help readers
                                                Agency (EPA).                                                            Public Reading Room is (202) 566–1744,                                   determine whether this document
                                                                                                                         and the telephone number for the OPPT                                    applies to them. Potentially affected
                                                ACTION: Final rule.
                                                                                                                         Docket is (202) 566–0280. Please review                                  entities may include but are not limited
                                                SUMMARY:   EPA is amending the Toxic                                     the visitor instructions and additional                                  to:
                                                Substances Control Act (TSCA)                                            information about the docket available
                                                                                                                         at http://www.epa.gov/dockets.                                              • Chemical manufacturers (including
                                                Chemical Data Reporting (CDR)                                                                                                                     importers) (NAICS codes 325 and
                                                regulations by extending the submission                                  FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                                                                  324110, e.g., chemical manufacturing
                                                deadline for 2016 reports from                                              For technical information contact:                                    and processing and petroleum
                                                September 30, 2016 to October 31, 2016.                                  Susan Sharkey, Chemical Control
                                                                                                                                                                                                  refineries).
                                                This is a one-time extension for the                                     Division (7405M), Office of Pollution
                                                2016 submission period only. The CDR                                     Prevention and Toxics, Environmental                                        • Chemical users and processors who
mstockstill on DSK3G9T082PROD with RULES




                                                regulations require manufacturers                                        Protection Agency, 1200 Pennsylvania                                     may manufacture a byproduct chemical
                                                (including importers) of certain                                         Ave. NW., Washington, DC 20460–0001;                                     substance (NAICS codes 22, 322, 331,
                                                chemical substances included on the                                      telephone number: (202) 564–8789;                                        and 3344, e.g., utilities, paper
                                                TSCA Chemical Substance Inventory                                        email address: Sharkey.susan@epa.gov.                                    manufacturing, primary metal
                                                (TSCA Inventory) to report current data                                     For general information contact: The                                  manufacturing, and semiconductor and
                                                on the manufacturing, processing, and                                    TSCA-Hotline, ABVI-Goodwill, 422                                         other electronic component
                                                use of the chemical substances.                                          South Clinton Ave., Rochester, NY                                        manufacturing).


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                                                                 Federal Register / Vol. 81, No. 186 / Monday, September 26, 2016 / Rules and Regulations                                        65925

                                                II. Background                                          significance of these issues was not                  or amend substantive requirements.
                                                                                                        apparent until the Agency completed                   This action is not a ‘‘significant
                                                A. What action is the Agency taking?
                                                                                                        review of a letter from the American                  regulatory action’’ under Executive
                                                   The 2016 CDR submission period is                    Chemistry Council dated August 30,                    Order 12866, entitled ‘‘Regulatory
                                                from June 1 to September 30, 2016 (40                   2016 (Ref. 1).                                        Planning and Review’’ (58 FR 51735,
                                                CFR 711.20). EPA is issuing this                           This action does not alter the                     October 4, 1993) and Executive Order
                                                amendment to extend the deadline for                    substantive CDR reporting requirements                13563 entitled ‘‘Improving Regulation
                                                2016 CDR submission reports until                       in any way. The Agency also believes                  and Regulatory Review’’ (76 FR 3821,
                                                October 31, 2016. This is a one-time                    the one-time extension will not result in             January 21, 2011).
                                                extension: Subsequent submission                        a significant delay in the processing and
                                                periods (recurring every four years, next               availability of CDR information to                    B. Paperwork Reduction Act (PRA)
                                                in 2020) are not being amended.                         potential users. Further, this action is                This final rule does not contain any
                                                   The Agency is taking this action in                  consistent with the public interest                   new or revised information collections
                                                response to concerns raised by the                      because it is designed to facilitate                  subject to OMB approval under the
                                                regulated community about their ability                 compliance with the CDR rule and to                   PRA, 44 U.S.C. 3501 et seq.
                                                to submit the required information                      ensure that the 2016 collection includes
                                                within the prescribed period. The                                                                             C. Regulatory Flexibility Act (RFA)
                                                                                                        accurate data on chemical
                                                written request to extend the CDR                       manufacturing, processing, and use in                   This final rule is not subject to the
                                                submission period is included in the                    the United States. Finally, any impact                RFA, 5 U.S.C. 601 et seq. The RFA
                                                docket (see ADDRESSES). The compelling                  on the regulated community is expected                applies only to rules subject to notice
                                                concerns raised by industry include                     to be beneficial given that the one-time              and comment rulemaking requirements
                                                delays in reporting as a result of issues               extension provides additional time to                 under the APA, 5 U.S.C. 553, or any
                                                associated with several aspects of                      submit accurate CDR reports to EPA.                   other statute. This rule is not subject to
                                                electronic reporting. EPA believes it is                   Similarly, under APA section 553(d),               notice and comment requirements
                                                appropriate to extend the reporting                     5 U.S.C. 553(d), the Agency may make                  under the APA because the Agency has
                                                period to allow the regulated                           a rule immediately effective ‘‘for good               invoked the APA ‘‘good cause’’
                                                community additional time to submit                     cause found and published with the                    exemption.
                                                their reports. With respect to the timing               rule.’’ For the reasons discussed in this
                                                of this action, the need for the Agency                                                                       D. Unfunded Mandates Reform Act
                                                                                                        unit, EPA believes that there is ‘‘good               (UMRA) and Executive Orders 13132
                                                to extend the deadline arose, in part, as               cause’’ to make this amendment
                                                a result of issues experienced by the                                                                         and 13175
                                                                                                        effective upon publication in the
                                                regulated community with several                        Federal Register.                                        This action will not have substantial
                                                aspects of electronic reporting that were                                                                     direct effects on State or tribal
                                                brought to the Agency’s attention only                  III. References                                       governments, on the relationship
                                                recently. Specifically, these issues                       The following is a listing of the                  between the Federal Government and
                                                include difficulties with inexact entries               documents that are specifically                       States or Indian tribes, or on the
                                                when using XML Schema and the length                    referenced in this document. The docket               distribution of power and
                                                of time for data validation.                            includes these documents and other                    responsibilities between the Federal
                                                                                                        information considered by EPA,                        Government and States or Indian tribes.
                                                B. What is the Agency’s authority for
                                                                                                        including documents that are referenced               As a result, no action is required under
                                                taking this action?
                                                                                                        within the documents that are included                Executive Order 13132, entitled
                                                   The CDR rule was issued pursuant to                  in the docket, even if the referenced                 ‘‘Federalism’’ (64 FR 43255, August 10,
                                                the authority of TSCA section 8(a), 15                  document is not physically located in                 1999), or under Executive Order 13175,
                                                U.S.C. 2607(a). Under section                           the docket. For assistance in locating                entitled ‘‘Consultation and Coordination
                                                553(b)(3)(B) of the Administrative                      these other documents, please consult                 with Indian Tribal Governments’’ (65 FR
                                                Procedure Act (APA), 5 U.S.C.                           the technical person listed under FOR                 67249, November 9, 2000). Nor does it
                                                553(b)(3)(B), the Agency may issue a                                                                          impose any enforceable duty or contain
                                                                                                        FURTHER INFORMATION CONTACT.
                                                final rule without a prior proposal if it                  1. American Chemistry Council.                     any unfunded mandate as described
                                                finds that notice and public                            ‘‘Request for an Extension to the TSCA                under Title II of UMRA, 2 U.S.C. 1531–
                                                participatory procedures are                            Chemical Data Reporting (CDR) 2016                    1538.
                                                impracticable, unnecessary, or contrary                 Submission Period [Letter].’’ August 30,
                                                to the public interest. In this case, for                                                                     E. Executive Orders 13045, 13211, and
                                                                                                        2016.                                                 12898
                                                the extension sought, the Agency does
                                                find that normal notice and public                      IV. Statutory and Executive Order                        This action is not a ‘‘significant
                                                process rulemaking is impracticable.                    Reviews                                               regulatory action’’ as defined by
                                                Given that the current reporting                          Additional information about these                  Executive Order 12866. As a result, this
                                                deadline is September 30, 2016, it is                   statutes and Executive Orders can be                  action is not subject to Executive Order
                                                impracticable to follow notice and                      found at http://www2.epa.gov/laws-                    13045, entitled ‘‘Protection of Children
                                                comment procedures on an extension of                   regulations/laws-and-executive-orders.                from Environmental Health Risks and
                                                that deadline, because that process                                                                           Safety Risks’’ (62 FR 19885, April 23,
                                                would not allow the rule to be finalized                A. Executive Order 12866 and Executive                1997) and Executive Order 13211
                                                before the current reporting deadline.                  Order 13563                                           entitled ‘‘Actions Concerning
mstockstill on DSK3G9T082PROD with RULES




                                                The Agency only recently learned that                      This action is classified as a final rule          Regulations That Significantly Affect
                                                the regulated community was having                      because it makes an amendment to the                  Energy Supply, Distribution, or Use’’ (66
                                                difficulty related to the required                      Code of Federal Regulations (CFR). The                FR 28355, May 22, 2001). In addition,
                                                electronic reporting mechanism.                         amendment to the CFR is necessary to                  this action also does not require any
                                                Individual entities provided information                allow for a one-time extension to the                 special considerations under Executive
                                                about technical issues and reporting                    2016 CDR reporting period. This action                Order 12898 entitled ‘‘Federal Actions
                                                difficulties, but the collective                        does not impose any new requirements                  to Address Environmental Justice in


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                                                65926            Federal Register / Vol. 81, No. 186 / Monday, September 26, 2016 / Rules and Regulations

                                                Minority Populations and Low-Income                     Regulatory Fees to recover an amount of               to Section 9 of the Communications Act
                                                Populations’’ (59 FR 7629, February 16,                 $384,012,497 that Congress has required               of 1934, as amended (Communications
                                                1994).                                                  the Commission to collect for fiscal year             Act or Act) and the Commission’s FY
                                                                                                        2016. Section 9 of the Communications                 2016 Appropriation.2 The schedule of
                                                F. National Technology Transfer and
                                                                                                        Act of 1934, as amended, provides for                 regulatory fees for FY 2016 adopted here
                                                Advancement Act (NTTAA)
                                                                                                        the annual assessment and collection of               is attached in Table 4. These regulatory
                                                  This action does not involve any                      regulatory fees for annual ‘‘Mandatory                fees are due on September 27, 2016. The
                                                technical standards that would require                  Adjustments’’ and ‘‘Permitted                         FY 2016 regulatory fees are based on the
                                                Agency consideration of voluntary                       Amendments’’ to the Schedule of                       proposals in the FY 2016 NPRM,3
                                                consensus standards pursuant to section                 Regulatory Fees.                                      considered in light of the comments
                                                12(d) of the NTTAA, 15 U.S.C. 272 note.                 DATES: Effective September 26, 2016. To               received and Commission analysis. The
                                                                                                        avoid penalties and interest, regulatory              FY 2016 regulatory fee schedule
                                                V. Congressional Review Act (CRA)
                                                                                                        fees should be paid by the due date of                includes the following changes from last
                                                   This action is subject to the CRA, 5                 September 27, 2016.                                   year: (1) An increase in regulatory fees
                                                U.S.C. 801 et seq., and EPA will submit                                                                       across all fee categories to offset the
                                                                                                        FOR FURTHER INFORMATION CONTACT:
                                                a rule report to each House of the                                                                            Commission’s facilities reduction
                                                Congress and to the Comptroller General                 Roland Helvajian, Office of Managing
                                                                                                                                                              costs; 4 (2) an updated regulatory fee for
                                                of the United States. This action is not                Director at (202) 418–0444.
                                                                                                                                                              Direct Broadcast Satellite (DBS)
                                                a ‘‘major rule’’ as defined by 5 U.S.C.                 SUPPLEMENTARY INFORMATION: This is a                  providers, a subcategory in the cable
                                                804(2).                                                 summary of the Commission’s Report                    television and Internet Protocol
                                                                                                        and Order (R&O), FCC 16–121, MD                       Television (IPTV) category; and (3)
                                                List of Subjects in 40 CFR Part 711                     Docket No. 16–166, adopted on                         adjustments to the regulatory fees on
                                                  Environmental protection, Chemicals,                  September 1, 2016 and released on                     radio and television broadcasters, based
                                                Confidential Business Information (CBI),                September 2, 2016.                                    on type and class of service and on the
                                                Hazardous materials, Importer,                          I. Administrative Matters                             population served.
                                                Manufacturer, Reporting and
                                                recordkeeping requirements.                             A. Final Regulatory Flexibility Analysis              III. Background
                                                  Dated: September 16, 2016.                              1. As required by the Regulatory                       5. Congress adopted a regulatory fee
                                                                                                        Flexibility Act of 1980 (RFA),1 the                   schedule in 1993 5 and authorized the
                                                Jim Jones,
                                                                                                        Commission has prepared a Final                       Commission to assess and collect
                                                Assistant Administrator, Office of Chemical
                                                                                                        Regulatory Flexibility Analysis (FRFA)                annual regulatory fees pursuant to the
                                                Safety and Pollution Prevention.
                                                                                                        relating to this Report and Order. The                schedule, as amended by the
                                                  Therefore, 40 CFR chapter I is                                                                              Commission.6 As a result, the
                                                amended as follows:                                     FRFA is located towards the end of this
                                                                                                        document.                                             Commission annually reviews the
                                                                                                                                                              regulatory fee schedule, proposes
                                                PART 711—[AMENDED]                                      B. Final Paperwork Reduction Act of                   changes to the schedule to reflect
                                                                                                        1995 Analysis                                         changes in the amount of its
                                                ■ 1. The authority citation for part 711
                                                continues to read as follows:                             2. This document does not contain                   appropriation, and proposes increases
                                                                                                        new or modified information collection                or decreases to the schedule of
                                                    Authority: 15 U.S.C. 2607(a).                                                                             regulatory fees.7 The Commission makes
                                                                                                        requirements subject to the Paperwork
                                                ■ 2. In § 711.20, revise the second and                 Reduction Act of 1995 (PRA), Public                   changes to the regulatory fee schedule
                                                third sentences to read as follows.                     Law 104–13. In addition, therefore, it                ‘‘if the Commission determines that the
                                                                                                        does not contain any new or modified                  schedule requires amendment to
                                                § 711.20    When to report.                                                                                   comply with the requirements’’ 8 of
                                                                                                        information collection burden for small
                                                  * * * The 2016 CDR submission                         business concerns with fewer than 25                  section 9(b)(1)(A) of the Act.9 The
                                                period is from June 1, 2016 to October                  employees, pursuant to the Small                      Commission may also add, delete, or
                                                31, 2016. Subsequent recurring                          Business Paperwork Relief Act of 2002,                reclassify services in the fee schedule to
                                                submission periods are from June 1 to                   Public Law 107–198, see 44 U.S.C.                     reflect additions, deletions, or changes
                                                September 30 at 4-year intervals,                       3506(c)(4).                                           in the nature of its services ‘‘as a
                                                beginning in 2020.* * *                                                                                       consequence of Commission rulemaking
                                                [FR Doc. 2016–22974 Filed 9–23–16; 8:45 am]             C. Congressional Review Act                           proceedings or changes in law.’’ Thus,
                                                BILLING CODE 6560–50–P                                    3. The Commission will send a copy
                                                                                                                                                                 2 47 U.S.C. 159. Consolidated Appropriations Act,
                                                                                                        of this Report and Order to Congress
                                                                                                                                                              2016, Public Law 114–113, Dec. 18, 2015.
                                                                                                        and the Government Accountability                        3 Assessment and Collection of Regulatory Fees
                                                FEDERAL COMMUNICATIONS                                  Office pursuant to the Congressional                  for Fiscal Year 2016, Notice of Proposed
                                                COMMISSION                                              Review Act, 5 U.S.C. 801(a)(1)(A).                    Rulemaking, 81 FR 35680 (June 3, 2016) (2016) (FY
                                                                                                                                                              2016 NPRM).
                                                47 CFR Part 1                                           II. Introduction                                         4 The proposed regulatory fee rates for FY 2016

                                                                                                                                                              includes a one-time amount of $44,168,497 to offset
                                                                                                          4. This Report and Order adopts a
                                                [MD Docket No. 16–166; FCC 16–121]                                                                            facilities reduction costs, i.e., to reduce the office
                                                                                                        schedule of regulatory fees to assess and             space footprint and/or move the FCC office location
                                                Assessment and Collection of                            collect $384,012,497.00 in regulatory                 if necessary. Consolidated Appropriations Act,
                                                                                                        fees for Fiscal Year (FY) 2016, pursuant              2016, Public Law 114–113, Dec. 18, 2015. See FCC’s
                                                Regulatory Fees for Fiscal Year 2016
mstockstill on DSK3G9T082PROD with RULES




                                                                                                                                                              Lease Prospectus, available at http://www.gsa.gov/
                                                                                                                                                              portal/category/100435.
                                                AGENCY:  Federal Communications                           1 See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601–
                                                                                                                                                                 5 47 U.S.C. 159(g) (showing original fee schedule
                                                Commission.                                             612, has been amended by the Small Business
                                                                                                                                                              prior to Commission amendment).
                                                                                                        Regulatory Enforcement Fairness Act of 1996
                                                ACTION: Final rule.                                     (SBREFA), Public Law 104–121, Title II, 110 Stat.
                                                                                                                                                                 6 47 U.S.C. 159.
                                                                                                                                                                 7 47 U.S.C. 159(b)(1)(B).
                                                                                                        847 (1996). The SBREFA was enacted as Title II of
                                                SUMMARY:In this document the                            the Contract with America Advancement Act of             8 47 U.S.C. 159(b)(2).

                                                Commission revises its Schedule of                      1996 (CWAAA).                                            9 47 U.S.C. 159(b)(1)(A).




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Document Created: 2018-02-09 13:23:09
Document Modified: 2018-02-09 13:23:09
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis final rule is effective September 26, 2016.
ContactFor technical information contact: Susan Sharkey, Chemical Control Division (7405M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number: (202) 564-8789; email
FR Citation81 FR 65924 
RIN Number2070-AJ43
CFR AssociatedEnvironmental Protection; Chemicals; Confidential Business Information (cbi); Hazardous Materials; Importer; Manufacturer and Reporting and Recordkeeping Requirements

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