82 FR 8590 - Delay of Effective Date for Toxic Substance Control Act Chemical Substance Import Certification Process Revisions

DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
DEPARTMENT OF THE TREASURY

Federal Register Volume 82, Issue 17 (January 27, 2017)

Page Range		8590-8590
FR Document		2017-01962

On December 27, 2016, U.S. Customs and Border Protection (CBP) published a Final Rule in the Federal Register announcing amendments to CBP regulations regarding the requirement to file a Toxic Substances Control Act (TSCA) certification when importing into the customs territory of the United States chemicals in bulk form or as part of mixtures and articles containing a chemical or mixture. That document amended the regulations to establish an electronic option for importers to file the required U.S. Environmental Protection Agency (EPA) TSCA certifications, to clarify and add certain definitions, and to eliminate the paper-based blanket certification process. The changes announced in that Final Rule were to be effective January 26, 2017. This notice announces that the effective date of the Final Rule is delayed for 60 days from January 20, 2017.

Federal Register, Volume 82 Issue 17 (Friday, January 27, 2017)

[Federal Register Volume 82, Number 17 (Friday, January 27, 2017)]
[Rules and Regulations]
[Page 8590]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-01962]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

DEPARTMENT OF THE TREASURY

19 CFR Parts 12 and 127

[USCBP-2016-0056; CBP Dec. 16-28]
RIN 1515-AE13


Delay of Effective Date for Toxic Substance Control Act Chemical 
Substance Import Certification Process Revisions

AGENCY: U.S. Customs and Border Protection, Department of Homeland 
Security; Department of the Treasury.

ACTION: Final rule; delay of effective date.

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SUMMARY: On December 27, 2016, U.S. Customs and Border Protection (CBP) 
published a Final Rule in the Federal Register announcing amendments to 
CBP regulations regarding the requirement to file a Toxic Substances 
Control Act (TSCA) certification when importing into the customs 
territory of the United States chemicals in bulk form or as part of 
mixtures and articles containing a chemical or mixture. That document 
amended the regulations to establish an electronic option for importers 
to file the required U.S. Environmental Protection Agency (EPA) TSCA 
certifications, to clarify and add certain definitions, and to 
eliminate the paper-based blanket certification process. The changes 
announced in that Final Rule were to be effective January 26, 2017. 
This notice announces that the effective date of the Final Rule is 
delayed for 60 days from January 20, 2017.

DATES: This regulation is effective January 25, 2017. The effective 
date of the rule amending 19 CFR parts 12 and 127 published at 81 FR 
94980, December 27, 2016 is delayed until March 21, 2017.

FOR FURTHER INFORMATION CONTACT: For questions related to the filing of 
EPA forms with CBP, please contact William Scopa, Partner Government 
Agencies Interagency Collaboration Division, Office of Trade, Customs 
and Border Protection, at [email protected]. For EPA policy 
questions, please contact Harlan Weir, at [email protected].

SUPPLEMENTARY INFORMATION: On December 27, 2016, U.S. Customs and 
Border Protection (CBP) published a Final Rule in the Federal Register 
(81 FR 94980) announcing the amendment of CBP regulations regarding the 
requirement to file a Toxic Substances Control Act (TSCA) certification 
when importing into the United States chemicals in bulk form or as part 
of mixtures and articles containing a chemical or mixture. The document 
amended the regulations to permit importers to file the required U.S. 
Environmental Protection Agency (EPA) TSCA certifications 
electronically, to clarify and add certain definitions, and to 
eliminate the paper-based blanket certification process. The final rule 
was to become effective on January 26, 2017.
    On January 20, 2017, the Chief of Staff of the White House released 
a memorandum to ensure that the President's appointees or designees 
have the opportunity to review any new or pending regulations. The 
memorandum asks the heads of executive departments and agencies to 
temporarily postpone the effective date for 60 days from the date of 
the memorandum of all regulations that had been published in the 
Federal Register, but had not taken effect. In light of this memo, CBP 
has considered whether entities affected by these final regulations 
will need additional time to implement new systems or internal 
procedural changes. To provide additional time for affected entities to 
become familiar with the increased flexibilities and new processes of 
the final regulations, CBP believes that extending the effective date 
until March 21, 2017 is appropriate and will furnish the affected 
entities with sufficient additional time.

Executive Order 12866

    It has been determined that this final rule is not a significant 
regulatory action as defined in Executive Order 12866. Therefore, a 
Regulatory Assessment is not required.

Regulatory Flexibility Act

    Because no notice of proposed rulemaking is required for this final 
rule, the provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et 
seq.) do not apply.

Administrative Procedure Act

    CBP and Treasury, for good cause and the reasons cited above, 
including the brief length of the extension of the effective date, find 
that notice and solicitation of comment regarding the extension of the 
effective date for the final regulation are impracticable, unnecessary, 
or contrary to the public interest pursuant to 5 U.S.C. 553(b)(B). CBP 
and Treasury also believe that affected entities need to be informed as 
soon as possible of the extension and its length in order to plan and 
adjust their implementation process accordingly.

Unfunded Mandates Reform Act (Sec. 202, Pub. L. 104-4; 2 U.S.C. 1532)

    CBP and Treasury have concluded the extension of the effective date 
does not contain a Federal mandate that may result in the expenditure 
by State, local and Tribal governments, in aggregate, or by the private 
sector, of $100 million or more (adjusted for inflation) in any one 
year.

Kevin K. McAleenan,
 Acting Commissioner, U.S. Customs and Border Protection.
    Approved: January 25, 2017.
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 2017-01962 Filed 1-25-17; 4:15 pm]
 BILLING CODE 9111-14-P

8590 Federal Register / Vol. 82, No. 17 / Friday, January 27, 2017 / Rules and Regulations

interest pursuant to 5 U.S.C. 553(b)(B). Final Rule were to be effective January Executive Order 12866
CBP and Treasury also believe that 26, 2017. This notice announces that the It has been determined that this final
affected entities need to be informed as effective date of the Final Rule is rule is not a significant regulatory action
soon as possible of the extension and its delayed for 60 days from January 20, as defined in Executive Order 12866.
length in order to plan and adjust their 2017. Therefore, a Regulatory Assessment is
implementation process accordingly. not required.
DATES: This regulation is effective
Unfunded Mandates Reform Act (Sec. January 25, 2017. The effective date of Regulatory Flexibility Act
202, Pub. L. 104–4; 2 U.S.C. 1532) the rule amending 19 CFR parts 12 and
127 published at 81 FR 94980, Because no notice of proposed
CBP and Treasury have concluded the
December 27, 2016 is delayed until rulemaking is required for this final
extension of the effective date does not
March 21, 2017. rule, the provisions of the Regulatory
contain a Federal mandate that may
Flexibility Act (5 U.S.C. 601 et seq.) do
result in the expenditure by State, local FOR FURTHER INFORMATION CONTACT: For
not apply.
and Tribal governments, in aggregate, or questions related to the filing of EPA
by the private sector, of $100 million or forms with CBP, please contact William Administrative Procedure Act
more (adjusted for inflation) in any one Scopa, Partner Government Agencies CBP and Treasury, for good cause and
year. Interagency Collaboration Division, the reasons cited above, including the
Office of Trade, Customs and Border brief length of the extension of the
Kevin K. McAleenan,
Protection, at William.R.Scopa@ effective date, find that notice and
Acting Commissioner, U.S. Customs and
cbp.dhs.gov. For EPA policy questions, solicitation of comment regarding the
Border Protection.
please contact Harlan Weir, at extension of the effective date for the
Approved: January 25, 2017.
Weir.Harlan@epa.gov. final regulation are impracticable,
Timothy E. Skud,
SUPPLEMENTARY INFORMATION: On unnecessary, or contrary to the public
Deputy Assistant Secretary of the Treasury.
December 27, 2016, U.S. Customs and interest pursuant to 5 U.S.C. 553(b)(B).
[FR Doc. 2017–01963 Filed 1–25–17; 4:15 pm]
Border Protection (CBP) published a CBP and Treasury also believe that
BILLING CODE 9111–14–P
Final Rule in the Federal Register (81 affected entities need to be informed as
FR 94980) announcing the amendment soon as possible of the extension and its
DEPARTMENT OF HOMELAND of CBP regulations regarding the length in order to plan and adjust their
SECURITY requirement to file a Toxic Substances implementation process accordingly.
Control Act (TSCA) certification when
importing into the United States Unfunded Mandates Reform Act (Sec.
U.S. Customs and Border Protection 202, Pub. L. 104–4; 2 U.S.C. 1532)
chemicals in bulk form or as part of
DEPARTMENT OF THE TREASURY mixtures and articles containing a CBP and Treasury have concluded the
chemical or mixture. The document extension of the effective date does not
19 CFR Parts 12 and 127 amended the regulations to permit contain a Federal mandate that may
importers to file the required U.S. result in the expenditure by State, local
[USCBP–2016–0056; CBP Dec. 16–28]
Environmental Protection Agency (EPA) and Tribal governments, in aggregate, or
RIN 1515–AE13 TSCA certifications electronically, to by the private sector, of $100 million or
clarify and add certain definitions, and more (adjusted for inflation) in any one
Delay of Effective Date for Toxic to eliminate the paper-based blanket year.
Substance Control Act Chemical certification process. The final rule was
Substance Import Certification Kevin K. McAleenan,
to become effective on January 26, 2017.
Process Revisions Acting Commissioner, U.S. Customs and
On January 20, 2017, the Chief of Staff Border Protection.
AGENCY: U.S. Customs and Border of the White House released a
Approved: January 25, 2017.
Protection, Department of Homeland memorandum to ensure that the
President’s appointees or designees Timothy E. Skud,
Security; Department of the Treasury.
have the opportunity to review any new Deputy Assistant Secretary of the Treasury.
ACTION: Final rule; delay of effective
or pending regulations. The [FR Doc. 2017–01962 Filed 1–25–17; 4:15 pm]
date.
memorandum asks the heads of BILLING CODE 9111–14–P
SUMMARY: On December 27, 2016, U.S. executive departments and agencies to
Customs and Border Protection (CBP) temporarily postpone the effective date
published a Final Rule in the Federal for 60 days from the date of the DEPARTMENT OF JUSTICE
Register announcing amendments to memorandum of all regulations that had
CBP regulations regarding the been published in the Federal Register, Drug Enforcement Administration
requirement to file a Toxic Substances but had not taken effect. In light of this
Control Act (TSCA) certification when memo, CBP has considered whether 21 CFR Part 1308
importing into the customs territory of entities affected by these final
the United States chemicals in bulk regulations will need additional time to [Docket No. DEA–402]
form or as part of mixtures and articles implement new systems or internal
containing a chemical or mixture. That procedural changes. To provide Schedules of Controlled Substances:
document amended the regulations to additional time for affected entities to Extension of Temporary Placement of
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establish an electronic option for become familiar with the increased THJ–2201, AB–PINACA and AB–
importers to file the required U.S. flexibilities and new processes of the CHMINACA in Schedule I of the
Environmental Protection Agency (EPA) final regulations, CBP believes that Controlled Substances Act
TSCA certifications, to clarify and add extending the effective date until March AGENCY: Drug Enforcement
certain definitions, and to eliminate the 21, 2017 is appropriate and will furnish Administration, Department of Justice.
paper-based blanket certification the affected entities with sufficient
ACTION: Temporary order.
process. The changes announced in that additional time.

VerDate Sep<11>2014 13:55 Jan 26, 2017 Jkt 241001 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 E:\FR\FM\27JAR1.SGM 27JAR1

Document Created: 2017-01-27 00:11:04
Document Modified: 2017-01-27 00:11:04

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		Final rule; delay of effective date.
Dates		This regulation is effective January 25, 2017. The effective date of the rule amending 19 CFR parts 12 and 127 published at 81 FR 94980, December 27, 2016 is delayed until March 21, 2017.
Contact		For questions related to the filing of EPA forms with CBP, please contact William Scopa, Partner Government Agencies Interagency Collaboration Division, Office of Trade, Customs and Border Protection, at [email protected] For EPA policy questions, please contact Harlan Weir, at [email protected]
FR Citation		82 FR 8590
RIN Number		1515-AE13
CFR Citation		19 CFR 12 19 CFR 127

82 FR 8590 - Delay of Effective Date for Toxic Substance Control Act Chemical Substance Import Certification Process Revisions

DEPARTMENT OF HOMELAND SECURITYU.S. Customs and Border ProtectionDEPARTMENT OF THE TREASURY

Federal Register Volume 82, Issue 17 (January 27, 2017)

DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
DEPARTMENT OF THE TREASURY