82 FR 52674 - Community Right-to-Know; Adopting 2017 North American Industry Classification System (NAICS) Codes for Toxics Release Inventory (TRI) Reporting; Withdrawal
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 218 (November 14, 2017)
Federal Register Volume 82, Issue 218 (November 14, 2017)
| Page Range | 52674-52675 | |
| FR Document | 2017-24633 |
[Federal Register Volume 82, Number 218 (Tuesday, November 14, 2017)] [Rules and Regulations] [Pages 52674-52675] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-24633] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 372 [EPA-HQ-OPPT-2017-0197; FRL-9968-26] RIN 2070-AK32 Community Right-to-Know; Adopting 2017 North American Industry Classification System (NAICS) Codes for Toxics Release Inventory (TRI) Reporting; Withdrawal AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule; withdrawal. ----------------------------------------------------------------------- SUMMARY: In the Federal Register of August 17, 2017, EPA published both a direct final rule and a proposed rule to update the list of NAICS codes subject to reporting under the TRI to reflect the Office of Management and Budget (OMB) 2017 NAICS code revision. As noted in the direct final rule, if EPA received relevant adverse comment on the proposed update, the Agency would publish a timely withdrawal of the direct final rule in the Federal Register informing the public that the direct final action will not take effect. The Agency did receive a relevant adverse comment on the proposed update, and is therefore withdrawing the direct final rule and will instead proceed with a final rule based on the proposed rule after considering all public comments. DATES: Effective November 14, 2017 the direct final rule published in the Federal Register of August 17, 2017 (82 FR 39038) (FRL-9964-77) is withdrawn. FOR FURTHER INFORMATION CONTACT: For technical information contact: Stephanie Griffin, Toxics Release Inventory Program Division (7410M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number: (202) 564-1463; email address: griffin.stephanie@epa.gov. For general information contact: The Emergency Planning and Community Right-to-Know Information Center; telephone number: (800) 424-9346, TDD (800) 553-7672; Web site: https://www.epa.gov/home/epa-hotlines. SUPPLEMENTARY INFORMATION: I. Does this action apply to me? A list of potentially affected entities is provided in the Federal Register of August 17, 2017. 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 rule is being withdrawn? In the August 17, 2017 Federal Register, EPA published both a direct final rule (see 82 FR 39038) and a proposed rule (see 82 FR 39101) pursuant to sections 313(g)(1) and 328 of the Emergency Planning and Community Right-to-Know Act (EPCRA) for the purpose of updating the list of NAICS codes subject to TRI reporting under EPCRA section 313 to include OMB's revised 2017 NAICS codes. The action would have also modified the list of relevant exceptions and limitations to the covered NAICS codes included in the CFR for TRI reporting purposes. Since the direct final rule and proposed rule's publication, EPA received a public comment supporting the overall update, but noting that the direct final rule inadvertently omitted one of the covered NAICS codes updated by OMB. As a result of this omission, EPA is withdrawing the direct final rule published in the Federal Register on August 17, 2017, and will instead proceed with a final rule based on the proposed rule after considering (and responding to) all public comments received. III. How do I access the docket? To access the docket, please go to http://www.regulations.gov and follow the online instructions using the docket identification (ID) number EPA-HQ-OPPT-2017-0197. Additional information about the Docket Facility is also provided under ADDRESSES in the August 17, 2017 Federal Register document. If you have questions, consult the technical person listed under FOR FURTHER INFORMATION CONTACT. IV. Good Cause Finding EPA finds that there is ``good cause'' under the Administrative Procedure Act (APA) (5 U.S.C. 553(b)(3)(B)) to withdraw the direct final rule discussed in this document without prior notice and comment. Alongside the direct final rule, EPA published an identical proposed rule and gave notice in the Federal Register that the direct final rule would be withdrawn if the Agency received adverse comment. For this document, notice and comment is impracticable and unnecessary because EPA is under a time limit to publish this withdrawal before the direct final rule is to take effect to limit confusion among Federal agencies and the regulated community. As such, EPA has determined that this document is not subject to the 30-day delay of effective date generally required by 5 U.S.C. 553(d). This withdrawal must become effective prior to the effective date of the direct final rule being withdrawn. V. Statutory and Executive Order Reviews This document withdraws regulatory requirements that have not gone into effect. As such, the Agency has determined that this withdrawal will not have any adverse impacts, economic or otherwise. The statutory and Executive Order review requirements applicable to the direct final rule being withdrawn were discussed in the August 17, 2017 Federal Register document. Those review requirements do not apply to this action because it is a withdrawal and does not contain any new or amended requirements. VI. Congressional Review Act (CRA) Pursuant to the CRA (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 [[Page 52675]] 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 IV. List of Subjects in 40 CFR Part 372 Environmental protection, Community right-to-know, Reporting and recordkeeping requirements, Toxic chemicals. Dated: November 7, 2017. E. Scott Pruitt, Administrator. [FR Doc. 2017-24633 Filed 11-13-17; 8:45 am] BILLING CODE 6560-50-P
![52674 Federal Register / Vol. 82, No. 218 / Tuesday, November 14, 2017 / Rules and Regulations
PART 180—[AMENDED] did receive a relevant adverse comment III. How do I access the docket?
on the proposed update, and is therefore To access the docket, please go to
■ 1. The authority citation for part 180 withdrawing the direct final rule and http://www.regulations.gov and follow
continues to read as follows: will instead proceed with a final rule the online instructions using the docket
Authority: 21 U.S.C. 321(q), 346a and 371. based on the proposed rule after identification (ID) number EPA–HQ–
■ 2. In § 180.686, amend the table in
considering all public comments. OPPT–2017–0197. Additional
paragraph (a) by: DATES: Effective November 14, 2017 the information about the Docket Facility is
■ i. Adding alphabetically the direct final rule published in the also provided under ADDRESSES in the
commodities ‘‘Onion, bulb, subgroup 3– Federal Register of August 17, 2017 (82 August 17, 2017 Federal Register
07A’’, ‘‘Onion, green, subgroup 3–07B’’, FR 39038) (FRL–9964–77) is withdrawn. document. If you have questions,
and FOR FURTHER INFORMATION CONTACT: For
consult the technical person listed
■ ii. Revising the commodity technical information contact: under FOR FURTHER INFORMATION
‘‘Sugarcane, cane’’. CONTACT.
Stephanie Griffin, Toxics Release
The additions and revisions read as Inventory Program Division (7410M), IV. Good Cause Finding
follows: Office of Pollution Prevention and EPA finds that there is ‘‘good cause’’
§ 180.686 Benzovindiflupyr; tolerances for Toxics, Environmental Protection under the Administrative Procedure Act
residues. Agency, 1200 Pennsylvania Ave. NW., (APA) (5 U.S.C. 553(b)(3)(B)) to
(a) * * * Washington, DC 20460–0001; telephone withdraw the direct final rule discussed
number: (202) 564–1463; email address: in this document without prior notice
Parts griffin.stephanie@epa.gov. and comment. Alongside the direct final
Commodity per For general information contact: The rule, EPA published an identical
million Emergency Planning and Community proposed rule and gave notice in the
Right-to-Know Information Center; Federal Register that the direct final
* * * * * telephone number: (800) 424–9346, TDD rule would be withdrawn if the Agency
Onion, bulb, subgroup 3–07A ...... 0.02 (800) 553–7672; Web site: https:// received adverse comment.
Onion, green, subgroup 3–07B .... 0.40 www.epa.gov/home/epa-hotlines. For this document, notice and
SUPPLEMENTARY INFORMATION: comment is impracticable and
* * * * * unnecessary because EPA is under a
Sugarcane, cane .......................... 0.30 I. Does this action apply to me? time limit to publish this withdrawal
A list of potentially affected entities is before the direct final rule is to take
* * * * * effect to limit confusion among Federal
provided in the Federal Register of
August 17, 2017. If you have questions agencies and the regulated community.
* * * * * As such, EPA has determined that this
[FR Doc. 2017–24109 Filed 11–13–17; 8:45 am] regarding the applicability of this action
to a particular entity, consult the document is not subject to the 30-day
BILLING CODE 6560–50–P
technical person listed under FOR delay of effective date generally
FURTHER INFORMATION CONTACT. required by 5 U.S.C. 553(d). This
withdrawal must become effective prior
ENVIRONMENTAL PROTECTION II. What rule is being withdrawn? to the effective date of the direct final
AGENCY
In the August 17, 2017 Federal rule being withdrawn.
40 CFR Part 372 Register, EPA published both a direct V. Statutory and Executive Order
[EPA–HQ–OPPT–2017–0197; FRL–9968–26] final rule (see 82 FR 39038) and a Reviews
proposed rule (see 82 FR 39101) This document withdraws regulatory
RIN 2070–AK32 pursuant to sections 313(g)(1) and 328 requirements that have not gone into
of the Emergency Planning and effect. As such, the Agency has
Community Right-to-Know; Adopting Community Right-to-Know Act (EPCRA)
2017 North American Industry determined that this withdrawal will
for the purpose of updating the list of not have any adverse impacts, economic
Classification System (NAICS) Codes NAICS codes subject to TRI reporting
for Toxics Release Inventory (TRI) or otherwise. The statutory and
under EPCRA section 313 to include Executive Order review requirements
Reporting; Withdrawal OMB’s revised 2017 NAICS codes. The applicable to the direct final rule being
AGENCY: Environmental Protection action would have also modified the list withdrawn were discussed in the
Agency (EPA). of relevant exceptions and limitations to August 17, 2017 Federal Register
ACTION: Direct final rule; withdrawal. the covered NAICS codes included in document. Those review requirements
the CFR for TRI reporting purposes. do not apply to this action because it is
SUMMARY: In the Federal Register of Since the direct final rule and a withdrawal and does not contain any
August 17, 2017, EPA published both a proposed rule’s publication, EPA new or amended requirements.
direct final rule and a proposed rule to received a public comment supporting
update the list of NAICS codes subject the overall update, but noting that the VI. Congressional Review Act (CRA)
to reporting under the TRI to reflect the direct final rule inadvertently omitted Pursuant to the CRA (5 U.S.C. 801 et
Office of Management and Budget one of the covered NAICS codes seq.), EPA will submit a report
(OMB) 2017 NAICS code revision. As updated by OMB. As a result of this containing this rule and other required
jstallworth on DSKBBY8HB2PROD with RULES
noted in the direct final rule, if EPA omission, EPA is withdrawing the direct information to the U.S. Senate, the U.S.
received relevant adverse comment on final rule published in the Federal House of Representatives, and the
the proposed update, the Agency would Register on August 17, 2017, and will Comptroller General of the United
publish a timely withdrawal of the instead proceed with a final rule based States prior to publication of the rule in
direct final rule in the Federal Register on the proposed rule after considering the Federal Register. This action is not
informing the public that the direct final (and responding to) all public comments a ‘‘major rule’’ as defined by 5 U.S.C.
action will not take effect. The Agency received. 804(2). Section 808 of the CRA allows
VerDate Sep<11>2014 13:31 Nov 13, 2017 Jkt 244001 PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 E:\FR\FM\14NOR1.SGM 14NOR1](https://thefederalregister.org/doc/82_FR_52892/page/1.svg)
![Federal Register / Vol. 82, No. 218 / Tuesday, November 14, 2017 / Rules and Regulations 52675
the issuing agency to make a rule Atmospheric Administration (NOAA), state to another. Two or more states,
effective sooner than otherwise Commerce. under mutual agreement and with the
provided by CRA if the agency makes a ACTION: Temporary rule; quota transfer. concurrence of the NMFS Greater
good cause finding that notice and Atlantic Regional Administrator, can
public procedure is impracticable, SUMMARY: NMFS announces that the request approval of a transfer of bluefish
unnecessary, or contrary to the public State of New Jersey is transferring a commercial quota under
interest. As required by 5 U.S.C. 808(2), portion of its 2017 commercial bluefish § 648.162(e)(1)(i) through (iii). The
this determination is supported by a quota to the State of Rhode Island. This Regional Administrator must first
brief statement in Unit IV. quota adjustment is necessary to comply approve any such transfer based on the
with the Atlantic Bluefish Fishery criteria in § 648.162(e).
List of Subjects in 40 CFR Part 372 Management Plan quota transfer New Jersey is transferring 50,000 lb
Environmental protection, provisions. This announcement informs (22,680 kg) of Atlantic bluefish
Community right-to-know, Reporting the public of the revised commercial commercial quota to Rhode Island. This
and recordkeeping requirements, Toxic bluefish quotas for New Jersey and transfer was requested by state officials
chemicals. Rhode Island. in Rhode Island to ensure their 2017
DATES: Effective November 8, 2017, commercial bluefish quota would not be
Dated: November 7, 2017.
through December 31, 2017. exceeded. Both states have agreed to the
E. Scott Pruitt,
FOR FURTHER INFORMATION CONTACT: transfer and certified that it meets all
Administrator.
Cynthia Hanson, Fishery Management pertinent requirements. The revised
[FR Doc. 2017–24633 Filed 11–13–17; 8:45 am]
Specialist, (978) 281–9180. bluefish quotas for calendar year 2017
BILLING CODE 6560–50–P
SUPPLEMENTARY INFORMATION: are now: New Jersey, 1,215,633 lb
Regulations governing the Atlantic (551,402 kg); and Rhode Island, 731,563
bluefish fishery are found in 50 CFR lb (331,831 kg); based on the initial
DEPARTMENT OF COMMERCE 648.160 through 648.167. The quotas published in the 2016–2018
regulations require annual specification Atlantic Bluefish Specifications and
National Oceanic and Atmospheric of a commercial quota that is subsequent transfers.
Administration apportioned among the coastal states
from Maine through Florida. The Classification
50 CFR Part 648 process to set the annual commercial This action is taken under 50 CFR
quota and the percent allocated to each part 648 and is exempt from review
[Docket No. 151130999–6594–02] state are described in § 648.162 and the under Executive Order 12866.
initial 2017 allocations were published Authority: 16 U.S.C. 1801 et seq.
RIN 0648–XF821
on March 13, 2017 (82 FR 13402).
The final rule implementing Dated: November 8, 2017.
Fisheries of the Northeastern United Emily H. Menashes,
States; Atlantic Bluefish Fishery; Amendment 1 to the Bluefish Fishery
Management Plan published in the Acting Director, Office of Sustainable
Quota Transfer Fisheries, National Marine Fisheries Service.
Federal Register on July 26, 2000 (65 FR
AGENCY: National Marine Fisheries 45844), and provided a mechanism for [FR Doc. 2017–24641 Filed 11–8–17; 4:15 pm]
Service (NMFS), National Oceanic and transferring bluefish quota from one BILLING CODE 3510–22–P
jstallworth on DSKBBY8HB2PROD with RULES
VerDate Sep<11>2014 13:31 Nov 13, 2017 Jkt 244001 PO 00000 Frm 00033 Fmt 4700 Sfmt 9990 E:\FR\FM\14NOR1.SGM 14NOR1](https://thefederalregister.org/doc/82_FR_52892/page/2.svg)
Document Created: 2018-10-25 10:32:18
Document Modified: 2018-10-25 10:32:18
| 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 | Direct final rule; withdrawal. | |
| Dates | Effective November 14, 2017 the direct final rule published in the Federal Register of August 17, 2017 (82 FR 39038) (FRL-9964-77) is withdrawn. | |
| Contact | For technical information contact: Stephanie Griffin, Toxics Release Inventory Program Division (7410M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; | |
| FR Citation | 82 FR 52674 | |
| RIN Number | 2070-AK32 | |
| CFR Associated | Environmental Protection; Community Right-to-Know; Reporting and Recordkeeping Requirements and Toxic Chemicals |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR