[Federal Register Volume 82, Number 17 (Friday, January 27, 2017)]
[Rules and Regulations]
[Page 8590]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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