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Significant New Use Rules on Certain Chemical Substances; Withdrawal


Published: 2017-01-19

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Federal Register, Volume 82 Issue 12 (Thursday, January 19, 2017)


[Federal Register Volume 82, Number 12 (Thursday, January 19, 2017)]
[Rules and Regulations]
[Pages 6277-6278]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-00938]


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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.

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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: moss.kenneth@epa.gov.
For general information contact: The TSCA-Hotline, ABVI-Goodwill,
422 South Clinton Ave. Rochester, NY 14620; telephone number: (202)
554-1404; email address: TSCA-Hotline@epa.gov.

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]
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