82 FR 6277 - Significant New Use Rules on Certain Chemical Substances; Withdrawal
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 12 (January 19, 2017)
Federal Register Volume 82, Issue 12 (January 19, 2017)
| Page Range | 6277-6278 | |
| FR Document | 2017-00938 |
[Federal Register Volume 82, Number 12 (Thursday, January 19, 2017)] [Rules and Regulations] [Pages 6277-6278] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-00938] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 9 and 721 [EPA-HQ-OPPT-2016-0207; FRL-9958-20] 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 two 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 a notice of intent to submit an adverse comment is received. EPA received notices of intent to submit 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 document is effective January 19, 2017. ADDRESSES: The docket for this action, identified by docket identification (ID) number EPA-HQ-OPPT-2016-0207, is available at http://www.regulations.gov or at the Office of Pollution Prevention and Toxics Docket (OPPT Docket), Environmental Protection Agency [[Page 6278]] 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 November 17, 2015 (81 FR 1250) (FRL-9953-41). 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 Federal Register of November 17, 2015 (81 FR 1250), 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, 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: bimodal mixture consisting of multi-walled carbon nanotubes and other classes of carbon nanotubes (generic), (PMN No. P-11-482); and carbon nanotubes (generic), (PMN No. P-15-54). 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. 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 Federal Register of November 17, 2015 (81 FR 1250) (FRL-9953- 41). Those review requirements do not apply to this action because it is a withdrawal and does not contain any new or amended requirements. IV. 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). 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: January 9, 2017. 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 the entries for Sec. Sec. 721.10927 and 721.10942. 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. 721.10927 [Removed] 0 4. Remove Sec. 721.10927. Sec. 721.10942 [Removed] 0 5. Remove Sec. 721.10942. [FR Doc. 2017-00938 Filed 1-18-17; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 82, No. 12 / Thursday, January 19, 2017 / Rules and Regulations 6277
39 U.S.C. 3012(a). This section currently information for commercial use about ■ 3. In § 233.12(b), remove ‘‘$34,172’’
imposes a $68,345 penalty for each individuals who, in accordance with 39 and add in its place ‘‘$34,731’’; remove
mailing less than 50,000 pieces, U.S.C. 3017(d), have elected not to ‘‘$68,345’’ and add in its place
$136,689 for each mailing of 50,000 to receive certain sweepstakes and contest ‘‘$69,463’’; remove ‘‘$6,834’’ and add in
100,000 pieces, and $13,669 for each information. Currently, this civil its place ‘‘$6,946’’; remove ‘‘every’’ and
additional 10,000 pieces above 100,000 penalty may not exceed $2,733,780 per add in its place ‘‘each’’; remove
not to exceed $2,733,780. The new violation. The new penalty may not ‘‘$1,366,890’’ and add in its place
penalties will be as follows: $69,463 for exceed $2,778,505 per violation. ‘‘$1,389,252’’.
each mailing less than 50,000 pieces, ■ 4. In § 233.12(c)(4), remove ‘‘$13,669’’
39 U.S.C. 3017(h)(1)(A)—Reckless
$138,925 for each mailing of 50,000 to and add in its place ‘‘13,893’’.
Mailing of Skill Contest or Sweepstakes
100,000 pieces, and $13,893 for each ■ 5. In § 233.12(d), remove ‘‘$2,733,780’’
Matter
additional 10,000 pieces above 100,000 and add in its place ‘‘$2,778,505’’.
not to exceed $2,778,505. Currently, under 39 U.S.C.
3017(h)(1)(A), any promoter who ■ 6. In § 233.12(e), remove ‘‘$13,669’’
39 U.S.C. 3012(c)(1)—False recklessly mails nonmailable skill and add in its place ‘‘$13,893’’.
Representation and Lottery Penalties in contest or sweepstakes matter may be ■ 7. In § 233.12(f), remove ‘‘$295’’ and
Lieu of or as Part of an Order liable to the United States in the amount add in its place ‘‘$300’’; remove
In lieu of or as part of an order issued of $13,669 per violation for each mailing ‘‘$117,858’’ and add in its place
under 39 U.S.C. 3005(a)(1)–(3), the to an individual. The new penalty is ‘‘$119,786’’.
Postal Service may assess a civil $13,893 per violation. Stanley F. Mires,
penalty. Currently, the amount of this
penalty, set in 39 U.S.C. 3012(c)(1), is 39 U.S.C. 3018(c)(1)(A)—Hazardous Attorney, Federal Compliance.
$34,172 for each mailing that is less Material [FR Doc. 2017–00204 Filed 1–18–17; 8:45 am]
than 50,000 pieces, $68,345 for each Under 39 U.S.C. 3018(c)(1)(A), the BILLING CODE 7710–12–P
mailing of 50,000 to 100,000 pieces, and Postal Service may impose a civil
an additional $6,834 for each additional penalty payable into the Treasury of the
10,000 pieces above 100,000 not to United States on a person who ENVIRONMENTAL PROTECTION
exceed $1,366,890. The new penalties knowingly mails nonmailable hazardous AGENCY
will be: $34,731 for each mailing that is materials or fails to follow postal laws
less than 50,000 pieces, $69,463 for each on mailing hazardous materials. 40 CFR Parts 9 and 721
mailing of 50,000 to 100,000 pieces, and Currently, this civil penalty is at least [EPA–HQ–OPPT–2016–0207; FRL–9958–20]
an additional $6,946 for each additional $295, but not more than $117,858 for
10,000 pieces above 100,000 not to each violation. The new penalty is at RIN 2070–AB27
exceed $1,389,252. least $300, but not more than $119,786
for each violation. Significant New Use Rules on Certain
39 U.S.C. 3012(d)—Misleading Chemical Substances; Withdrawal
References to the United States List of Subjects in 39 CFR Part 233
Government; Sweepstakes and AGENCY: Environmental Protection
Administrative practice and Agency (EPA).
Deceptive Mailings procedure, Banks, Banking, Credit,
ACTION: Partial withdrawal of direct
Persons sending certain deceptive Crime, Infants and children, Law
final rule.
mail matter described in 39 U.S.C. enforcement, Penalties, Privacy,
3001((h)–(k), including: Seizures and forfeitures. SUMMARY: EPA is withdrawing
• Solicitations making false claims of For the reasons set out in this significant new use rules (SNURs)
Federal Government connection or document, the Postal Service amends 39 promulgated under the Toxic
approval; CFR part 233 as follows: Substances Control Act (TSCA) for two
• Certain solicitations for the chemical substances, which were the
purchase of a product or service that PART 233—INSPECTION SERVICE subject of premanufacture notices
may be obtained without cost from the AUTHORITY (PMNs). EPA published these SNURs
Federal Government; using direct final rulemaking
• Solicitations containing improperly ■ 1. The authority citation for 39 CFR
procedures, which requires EPA to take
prepared ‘‘facsimile checks’’; and part 233 continues to read as follows:
certain actions if a notice of intent to
• Certain solicitations for ‘‘skill Authority: 39 U.S.C. 101, 102, 202, 204, submit an adverse comment is received.
contests’’ and ‘‘sweepstakes’’ sent to 401, 402, 403, 404, 406, 410, 411, 1003, 3005, EPA received notices of intent to submit
individuals who, in accordance with 39 3012, 3017, 3018; 12 U.S.C. 3401–3422; 18 adverse comments regarding the SNURs
U.S.C. 3017(d), have requested that such U.S.C. 981, 983, 1956, 1957, 2254, 3061; 21
identified in this document. Therefore,
materials not be mailed to them); U.S.C. 881; Pub. L. 101–410, 104 Stat. 890;
Omnibus Budget Reconciliation Act of 1996, the Agency is withdrawing the direct
may be liable to the United States for a final rule SNURs identified in this
civil penalty under 39 U.S.C. 3012(d). sec. 662 (Pub.L. 104–208, 110 Stat. 3009–
378); Pub. L. 106–168, 113 Stat. 1806; Pub. document, as required under the direct
Currently, this penalty is not to exceed L. 114–74, 129 Stat. 584. final rulemaking procedures.
$13,669 for each mailing. The new
■ 2. In § 233.12(a), remove ‘‘$68,345’’ DATES: This document is effective
penalty will be $13,893.
asabaliauskas on DSK3SPTVN1PROD with RULES
and add in its place ‘‘$69,463’’; remove January 19, 2017.
39 U.S.C. 3017(g)(2)—Commercial Use ‘‘$136,689’’ and add in its place ADDRESSES: The docket for this action,
of Lists of Persons Electing Not To ‘‘$138,925’’; remove ‘‘$13,669’’ and add identified by docket identification (ID)
Receive Skill Contest or Sweepstakes in its place ‘‘$13,893’’; remove ‘‘each number EPA–HQ–OPPT–2016–0207, is
Mailings piece above 100,000’’ and add in its available at http://www.regulations.gov
Under 39 U.S.C. 3017(g)(2), the Postal place ‘‘each additional 10,000 pieces or at the Office of Pollution Prevention
Service may impose a civil penalty above 100,000’’; remove ‘‘$2,733,780’’ and Toxics Docket (OPPT Docket),
against a person who provides and add in its place ‘‘$2,778,505’’. Environmental Protection Agency
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![6278 Federal Register / Vol. 82, No. 12 / Thursday, January 19, 2017 / Rules and Regulations
Docket Center (EPA/DC), West William Federal Register of July 27, 1989 (54 FR ‘‘Significant New Uses of Chemical
Jefferson Clinton Bldg., Rm. 3334, 1301 31314). Substances,’’ remove the entries for
Constitution Ave. NW., Washington, §§ 721.10927 and 721.10942.
III. Statutory and Executive Order
DC. The Public Reading Room is open
Reviews PART 721—[AMENDED]
from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal This action withdraws regulatory
holidays. The telephone number for the requirements that have not gone into ■ 3. The authority citation for part 721
Public Reading Room is (202) 566–1744, effect and which contain no new or continues to read as follows:
and the telephone number for the OPPT amended requirements. As such, the Authority: 15 U.S.C. 2604, 2607, and
Docket is (202) 566–0280. Please review Agency has determined that this action 2625(c).
the visitor instructions and additional will not have any adverse impacts,
§ 721.10927 [Removed]
information about the docket available economic or otherwise. The statutory
at http://www.epa.gov/dockets. and Executive Order review ■ 4. Remove § 721.10927.
requirements applicable to the direct
FOR FURTHER INFORMATION CONTACT: For § 721.10942 [Removed]
final rule were discussed in the Federal
technical information contact: Kenneth ■ 5. Remove § 721.10942.
Register of November 17, 2015 (81 FR
Moss, Chemical Control Division
1250) (FRL–9953–41). Those review [FR Doc. 2017–00938 Filed 1–18–17; 8:45 am]
(7405M) Office of Pollution Prevention
requirements do not apply to this action BILLING CODE 6560–50–P
and Toxics, Environmental Protection
because it is a withdrawal and does not
Agency, 1200 Pennsylvania Ave. NW.,
contain any new or amended
Washington, DC 20460–0001; telephone
requirements. DEPARTMENT OF HEALTH AND
number: (202) 564–9232; email address:
moss.kenneth@epa.gov. IV. Congressional Review Act (CRA) HUMAN SERVICES
For general information contact: The Pursuant to the Congressional Review [Docket No. CDC–2015–0006]
TSCA-Hotline, ABVI-Goodwill, 422 Act (5 U.S.C. 801 et seq.), EPA will
South Clinton Ave. Rochester, NY submit a report containing this rule and 42 CFR Part 73
14620; telephone number: (202) 554– other required information to the U.S. RIN 0920–AA59
1404; email address: TSCA-Hotline@ Senate, the U.S. House of
epa.gov. Representatives, and the Comptroller Possession, Use, and Transfer of
General of the United States prior to Select Agents and Toxins; Biennial
SUPPLEMENTARY INFORMATION:
publication of the rule in the Federal Review of the List of Select Agents and
I. Does this action apply to me? Register. This action is not a ‘‘major Toxins and Enhanced Biosafety
rule’’ as defined by 5 U.S.C. 804(2). Requirements
A list of potentially affected entities is
provided in the Federal Register of List of Subjects AGENCY: Centers for Disease Control and
November 17, 2015 (81 FR 1250) (FRL– Prevention (CDC), Department of Health
9953–41). If you have questions 40 CFR Part 9 and Human Services (HHS).
regarding the applicability of this action Environmental protection, Reporting ACTION: Final rule.
to a particular entity, consult the and recordkeeping requirements.
technical person listed under FOR SUMMARY: In accordance with the Public
40 CFR Part 721 Health Security and Bioterrorism
FURTHER INFORMATION CONTACT.
Environmental protection, Chemicals, Preparedness and Response Act of 2002
II. What direct final SNURs are being Hazardous substances, Reporting and (the Bioterrorism Response Act), the
withdrawn? recordkeeping requirements. Centers for Disease Control and
In the Federal Register of November Dated: January 9, 2017. Prevention (CDC) in the Department of
17, 2015 (81 FR 1250), EPA issued Maria J. Doa, Health and Human Services (HHS) has
direct final SNURs for the chemical Director, Chemical Control Division, Office
reviewed the list of biological agents
substances that are identified in this of Pollution Prevention and Toxics. and toxins that have the potential to
document. These direct final SNURs pose a severe threat to public health and
Therefore, 40 CFR chapter I is
were issued under the procedures in 40 safety. Following the review, HHS has
amended as follows:
CFR part 721, subpart D. Because the decided: Not to finalize the proposed
Agency received notices of intent to PART 9—[AMENDED] changes to the list of select agents and
submit adverse comments, in toxins at this time; to finalize provisions
accordance with § 721.160(c)(3)(ii), EPA ■ 1. The authority citation for part 9 to address toxin permissible limits and
is withdrawing the direct final SNURs continues to read as follows: the inactivation of select agents; to
issued for the following chemical Authority: 7 U.S.C. 135 et seq., 136– finalize specific provisions to the
substances, which were the subject of 136y;15 U.S.C. 2001, 2003, 2005, 2006, 2601– section of the regulations addressing
PMNs: bimodal mixture consisting of 2671; 21 U.S.C. 331j, 346a, 348; 31 U.S.C. biosafety; and to clarify regulatory
multi-walled carbon nanotubes and 9701; 33 U.S.C. 1251 et seq., 1311, 1313d, language concerning security, training,
other classes of carbon nanotubes 1314, 1318, 1321, 1326, 1330, 1342, 1344, incident response, and records. In a
(generic), (PMN No. P–11–482); and 1345 (d) and (e), 1361; E.O. 11735, 38 FR companion document published in this
21243, 3 CFR, 1971–1975 Comp. p. 973; 42
asabaliauskas on DSK3SPTVN1PROD with RULES
carbon nanotubes (generic), (PMN No. issue of the Federal Register, the U.S.
U.S.C. 241, 242b, 243, 246, 300f, 300g, 300g– Department of Agriculture (USDA) has
P–15–54). EPA intends to publish 1, 300g–2, 300j–2, 300j–3, 300j–4, 300j–9,
proposed SNURs for the chemical made parallel regulatory changes.
1857 et seq., 6901–6992k, 7401–7671q, 7542,
substances identified in this document. 9601–9657, 11023, 11048. DATES: Effective February 21, 2017.
For further information regarding FOR FURTHER INFORMATION CONTACT: Dr.
EPA’s direct final rulemaking § 9.1 [Amended] Samuel S. Edwin, Director, Division of
procedures for issuing SNURs, see 40 ■ 2. In the table in § 9.1, under the Select Agents and Toxins, Centers for
CFR part 721, subpart D, and the undesignated center heading Disease Control and Prevention, 1600
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Document Created: 2018-02-01 15:15:26
Document Modified: 2018-02-01 15:15:26
| 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 document is effective January 19, 2017. | |
| 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: | |
| FR Citation | 82 FR 6277 | |
| RIN Number | 2070-AB27 | |
| CFR Citation | 40
CFR
721 40 CFR 9 | |
| CFR Associated | Chemicals; Hazardous Substances; Environmental Protection and Reporting and Recordkeeping Requirements |
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