[Federal Register Volume 81, Number 135 (Thursday, July 14, 2016)]
[Rules and Regulations]
[Pages 45416-45417]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-16576]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 9 and 721

[EPA-HQ-OPPT-2015-0810; FRL-9948-81]
RIN 2070-AB27


Significant New Use Rules on Certain Chemical Substances; 
Withdrawal

AGENCY: Environmental Protection Agency (EPA).

ACTION: Partial withdrawal of direct final rule.

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SUMMARY: EPA is withdrawing significant new use rules (SNURs) 
promulgated under the Toxic Substances Control Act (TSCA) for three 
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 an adverse 
comment is received. EPA received 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 rule is effective July 15, 2016.

ADDRESSES: The docket for this action, identified by docket 
identification (ID) number EPA-HQ-OPPT-2015-0810, 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 May 16, 2016 (81 FR 30452) (FRL-9944-77). 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 May 16, 2016 Federal Register, 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,

[[Page 45417]]

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: Functionalized carbon nanotubes (generic), 
(PMN P-15-276), Diisocyanato hexane, homopolymer, alkanoic acid-
polyalkylene glycol ether with substituted alkane (3:1) reaction 
products-blocked (generic), (PMN P-15-378), and Modified 
diphenylmethane diisocyanate prepolymer with polyol (generic), (PMN P-
15-559). 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. Good Cause Finding

    EPA determined that this document is not subject to the 30-day 
delay of effective date generally required by the Administrative 
Procedure Act (APA) (5 U.S.C. 553(d)) because of the time limitations 
for publication in the Federal Register. This document must publish on 
or before the effective date of the direct final rule containing the 
direct final SNURs being withdrawn.

IV. 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 May 16, 2016 Federal Register. Those review requirements do not 
apply to this action because it is a withdrawal 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: July 7, 2016.
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 Sec. Sec.  
721.10902, 721.10913 and 721.10920.

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.  721.10902  [Removed]

0
4. Remove Sec.  721.10902.


Sec.  721.10913  [Removed]

0
5. Remove Sec.  721.10913.


Sec.  721.10920  [Removed]

0
6. Remove Sec.  721.10920.

[FR Doc. 2016-16576 Filed 7-13-16; 8:45 am]
 BILLING CODE 6560-50-P