[Federal Register Volume 80, Number 170 (Wednesday, September 2, 2015)]
[Rules and Regulations]
[Pages 53000-53001]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-21800]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 9 and 721

[EPA-HQ-OPPT-2015-0220; FRL-9932-56]
RIN 2070-AB27


Significant New Use Rule on Substituted Cyclosiloxane; Removal

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is removing a significant new use rule (SNUR) promulgated 
under the Toxic Substances Control Act (TSCA) for substituted 
cyclosiloxane that was the subject of a premanufacture notice (PMN). 
EPA published this SNUR using direct final rulemaking procedures. EPA 
received a notice of intent to submit adverse comments on this rule. 
Therefore, the Agency is removing this SNUR. EPA intends to publish a 
proposed SNUR for this chemical substance under separate notice and 
comment procedures.

DATES: This final rule is effective September 2, 2015.

ADDRESSES: The docket for this action, identified by docket 
identification (ID) number EPA-HQ-OPPT-2015-0220, is available at 
http://www.regulations.gov or at the Office of Pollution Prevention and 
Toxics Docket (OPPT Docket), Environmental Protection Agency Docket 
Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 1301 
Constitution Ave. NW., Washington, DC. The Public Reading Room is open 
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal 
holidays. The telephone number for the Public Reading Room is (202) 
566-1744, and the telephone number for the OPPT Docket is (202) 566-
0280. Please review the visitor instructions and additional information 
about the docket available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: For technical information contact: 
Kenneth Moss, Chemical Control Division (7405M), Office of Pollution 
Prevention and Toxics, Environmental Protection Agency, 1200 
Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number: 
(202) 564-9232; email address: [email protected].
    For general information contact: The TSCA-Hotline, ABVI-Goodwill, 
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202) 
554-1404; email address: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Does this action apply to me?

    A list of potentially affected entities is provided in the Federal 
Register of June 5, 2015 (80 FR 32003) (FRL-9927-67). 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 SNUR is being removed?

    In the June 5, 2015 Federal Register, EPA issued a direct final 
SNUR for the chemical substance that is identified in this final rule. 
This direct final SNUR was issued pursuant to the procedures in 40 CFR 
part 721, subpart D. EPA is removing the direct final SNUR issued for 
the chemical substance identified generically as substituted 
cyclosiloxane, which was the subject of PMN P-14-605.
    This direct final rule was issued pursuant to the procedures in 40 
CFR part 721, subpart D. Section 721.170(d)(4)(i)(B) provides that EPA 
will withdraw the relevant portion of such a direct final rule if 
within 30 days of publication the Agency receives a notice of intent to 
submit adverse comments on the SNUR. EPA received a notice of intent to 
submit adverse comments on the SNUR, but mistakenly did not withdraw 
the direct final rule as required by Sec.  721.170(d)(4)(i)(B). The

[[Page 53001]]

Agency is therefore removing the rule issued for the chemical substance 
that was the subject of PMN P-14-605. EPA intends to publish a proposed 
SNUR for this chemical substance under separate notice and comment 
procedures.
    For further information regarding EPA's direct rulemaking process 
for issuing SNURs, see 40 CFR part 721, subpart D, and the Federal 
Register of July 27, 1989 (54 FR 31314).

III. Good Cause Finding

    EPA determined that there is good cause to first; promulgate this 
final rule without opportunity for notice and comment in accordance 
with section 553(b)(B) of the Administrative Procedure Act (APA), and 
second; make the rule effective on the date of publication in 
accordance with section 553(d) of the APA. Good cause exists because 
the direct final rule was allowed to become effective in violation of 
Sec.  721.170(d)(4)(i)(B).

IV. Statutory and Executive Order Reviews

    This action removes regulatory requirements that were not intended 
to go into effect. As such, the Agency has determined that this removal 
will not have any adverse impacts, economic or otherwise. The statutory 
and Executive Order review requirements applicable to this action were 
discussed in the June 5, 2015 Federal Register. Those review 
requirements do not apply to this action because it is a removal and 
does not contain any new or amended requirements.

V. Congressional Review Act (CRA)

    Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.), 
EPA will submit a report containing this rule and other required 
information to the U.S. Senate, the U.S. House of Representatives, and 
the Comptroller General of the United States prior to publication of 
the rule in the Federal Register. This action is not a ``major rule'' 
as defined by 5 U.S.C. 804(2). Section 808 of the CRA allows the 
issuing agency to make a rule effective sooner than otherwise provided 
by CRA if the agency makes a good cause finding that notice and public 
procedure is impracticable, unnecessary, or contrary to the public 
interest. As required by 5 U.S.C. 808(2), this determination is 
supported by a brief statement in Unit III.

List of Subjects

40 CFR Part 9

    Environmental protection, Reporting and recordkeeping requirements.

40 CFR Part 721

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

    Dated: August 20, 2015.
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, 300g-3, 300g-4, 300g-5, 300g-6, 300j-1, 300j-2, 
300j-3, 300j-4, 300j-9, 1857 et seq., 6901-6992k, 7401-671q, 7542, 
9601-9657, 11023, 11048.


Sec.  9.1  [Amended]

0
2. In the table in Sec.  9.1, under the undesignated center heading 
``Significant New Uses of Chemical Substances,'' remove Sec.  
721.10842.

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.  721.10842  [Removed]

0
4. Remove Sec.  721.10842.

[FR Doc. 2015-21800 Filed 9-1-15; 8:45 am]
 BILLING CODE 6560-50-P