TSCA Inventory Update Reporting Modifications; Chemical Data Reporting; 2012 Submission Period Extension, 36170-36172 [2012-14774]

Download as PDF 36170 § 52.1679 Federal Register / Vol. 77, No. 117 / Monday, June 18, 2012 / Rules and Regulations Determinations of attainment. (a) Based upon EPA’s review of complete, quality-assured air quality data for the 3-year period 2005 to 2007, EPA determined, as of June 18, 2012, that the New York-Northern New JerseyLong Island (NY-NJ-CT) one-hour ozone nonattainment area did not meet its applicable one-hour ozone attainment date of November 15, 2007. Separate from and independent of this determination, based on 2008–2010 complete, quality-assured ozone monitoring data at all monitoring sites in the area, and data for 2011, EPA determined, as of June 18, 2012, that the NY-NJ-CT one-hour ozone nonattainment area met the one-hour ozone NAAQS. (b) Based upon EPA’s review of complete, quality-assured and certified air quality data for the 3-year period 2007 to 2009, and data for 2011, EPA determined, as of June 18, 2012, that the New York-Northern New Jersey-Long Island (NY-NJ-CT) eight-hour ozone moderate nonattainment area attained the 1997 eight-hour ozone NAAQS by the applicable attainment date of June 15, 2010. Therefore, EPA has met the requirement pursuant to CAA section 181(b)(2)(A) to determine, based on the area’s air quality data as of the attainment date, whether the area attained the standard. EPA also determined that the NY-NJ-CT nonattainment area will not be reclassified for failure to attain by its applicable attainment date under section 181(b)(2)(A). 6. Section 52.1683 is amended by adding new paragraph (f)(2)(viii) to read as follows: ■ § 52.1683 Control strategy: Ozone. srobinson on DSK4SPTVN1PROD with RULES * * * * * (f) * * * (2) * * * (viii) New York-Northern New JerseyLong Island, NY-NJ-CT, eight-hour ozone moderate nonattainment area (consisting of the Bronx, Kings, Nassau, New York, Queens, Richmond, Rockland, Suffolk and Westchester Counties) as of June 15, 2010 and data showing the area continued to attain through 2011. * * * * * [FR Doc. 2012–14716 Filed 6–15–12; 8:45 am] BILLING CODE 6560–50–P VerDate Mar<15>2010 16:18 Jun 15, 2012 Jkt 226001 EVIRONMENTAL PROTECTION AGENCY SUPPLEMENTARY INFORMATION: 40 CFR Part 711 [EPA–HQ–OPPT–2009–0187; FRL–9353–1] RIN 2070–AJ43 TSCA Inventory Update Reporting Modifications; Chemical Data Reporting; 2012 Submission Period Extension Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: EPA is amending the Toxic Substances Control Act (TSCA) Chemical Data Reporting (CDR) regulations by extending the submission deadline for 2012 reports from June 30, 2012 to August 13, 2012. This is a onetime extension for the 2012 submission period only. The CDR regulations require manufacturers and importers of certain chemical substances included on the TSCA Chemical Substance Inventory (TSCA Inventory) to report current data on the manufacturing, processing, and use of the chemical substances. SUMMARY: This final rule is effective June 18, 2012. ADDRESSES: The docket for this action, identified by docket identification (ID) number (No.) EPA–HQ–OPPT–2009– 0187, is available either electronically through https://www.regulations.gov or in hard copy at the Pollution Prevention and Toxics (OPPT) Docket, Environmental Protection Agency Docket Center (EPA/DC), EPA West 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 https:// www.epa.gov/dockets. FOR FURTHER INFORMATION CONTACT: Chenise Farquharson, Chemical Control Division (7405M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460–0001; telephone number: (202) 564–7768; fax number: (202) 564–4775; email address: farquharson.chenise@epa.gov. For general information contact: The TSCA-Hotline, ABVI-Goodwill, 422 South Clinton Ave., Rochester, NY 14620; telephone number: (202) 554– DATES: PO 00000 Frm 00056 Fmt 4700 1404; email address: TSCAHotline@epa.gov. Sfmt 4700 I. Does this action apply to me? You may be potentially affected by this action if you manufacture (including manufacture as a byproduct) or import chemical substances listed on the TSCA Inventory. Potentially affected entities may include, but are not limited to: • Chemical manufacturers and importers (NAICS codes 325 and 324110, e.g., chemical manufacturing and processing and petroleum refineries). • Chemical users and processors who may manufacture a byproduct chemical substance (NAICS codes 22, 322, 331, and 3344, e.g., utilities, paper manufacturing, primary metal manufacturing, and semiconductor and other electronic component manufacturing). This listing is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be affected by this action. Other types of entities not listed in this unit could also be affected. The North American Industrial Classification System (NAICS) codes have been provided to assist you and others in determining whether this action might apply to certain entities. If you have any questions regarding the applicability of this action to a particular entity, consult the technical person listed under FOR FURTHER INFORMATION CONTACT. II. Background A. What action is the Agency taking? In the August 16, 2011, final rule entitled, ‘‘TSCA Inventory Update Reporting Modifications; Chemical Data Reporting’’ (76 FR 50816, August 16, 2011) (FRL–8872–9), EPA designated the 2012 CDR submission period to be February 1, 2012 to June 30, 2012. EPA is issuing this amendment to extend the deadline for 2012 CDR submission reports until August 13, 2012. The Agency is taking this action in response to concerns raised by the regulated community about their ability to submit the required information within the prescribed period. Written requests to extend the CDR submission period are included in the docket (see ADDRESSES). The compelling concerns raised by industry include the timing of responses to inquiries about regulatory interpretations, particularly for byproduct chemical substances, and issues associated with several aspects of electronic reporting. E:\FR\FM\18JNR1.SGM 18JNR1 Federal Register / Vol. 77, No. 117 / Monday, June 18, 2012 / Rules and Regulations srobinson on DSK4SPTVN1PROD with RULES EPA believes it is appropriate to extend the reporting period to allow the reporters associated with byproducts to understand and determine their reporting obligations and to allow the regulated community to adjust to electronic reporting and submit their reports. With respect to the timing of this action, the need for the Agency to extend the deadline arose, in part, as a result of issues experienced by the regulated community with several aspects of electronic reporting that were brought to the Agency’s attention only recently. B. What is the Agency’s authority for taking this action? The CDR rule was issued pursuant to the authority of TSCA section 8(a), 15 U.S.C. 2607(a). Under section 553(b)(3)(B) of the Administrative Procedure Act (APA), 5 U.S.C. 553(b)(3)(B), the Agency may issue a final rule without a prior proposal if it finds that notice and public participatory procedures are impracticable, unnecessary, or contrary to the public interest. In this case, for the extension sought, the Agency does find that normal notice and public process rulemaking is impracticable. Given that the current reporting deadline is June 30, 2012, it is impracticable to follow notice and comment procedures on an extension of that deadline, because that process would not allow the rule to be finalized before the current reporting deadline. As discussed in this unit, the Agency only recently learned that the regulated community was having difficulty submitting their reports through the required electronic reporting mechanism. This action does not alter the substantive CDR reporting requirements in any way. The Agency also believes the one-time extension will not result in a significant delay in the processing and availability of CDR information to potential users. Further, this action is consistent with the public interest because it is designed to facilitate compliance with the CDR rule and to ensure that the 2012 collection includes accurate data on chemical manufacturing, processing, and use in the United States. Finally, any impact on the regulated community is expected to be beneficial given that the one-time extension provides additional time to submit accurate CDR reports to EPA. Similarly, under APA section 553(d), 5 U.S.C. 553(d), the Agency may make a rule immediately effective ‘‘for good cause found and published with the rule.’’ For the reasons discussed in this unit, EPA believes that there is ‘‘good VerDate Mar<15>2010 16:18 Jun 15, 2012 Jkt 226001 cause’’ to make this amendment effective upon publication in the Federal Register. III. Statutory and Executive Order Reviews A. Executive Order 12866 and Executive Order 13563 This action is classified as a final rule because it makes an amendment to the Code of Federal Regulations (CFR). The amendment to the CFR is necessary to allow for a one-time extension to the 2012 CDR reporting period. This action does not impose any new requirements or amend substantive requirements. This action is not a ‘‘significant regulatory action’’ and is therefore not subject to review by the Office of Management and Budget (OMB) under Executive Order 12866, entitled ‘‘Regulatory Planning and Review’’ (58 FR 51735, October 4, 1993) and Executive Order 13563 entitled ‘‘Improving Regulation and Regulatory Review’’ (76 FR 3821, January 21, 2011). B. Paperwork Reduction Act This final rule does not contain any information collections subject to OMB approval under the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et seq. C. Regulatory Flexibility Act This final rule is not subject to the Regulatory Flexibility Act (RFA), 5 U.S.C. 601 et seq. The RFA applies only to rules subject to notice and comment rulemaking requirements under the APA, 5 U.S.C. 553, or any other statute. This rule is not subject to notice and comment requirements under the APA because the Agency has invoked the APA ‘‘good cause’’ exemption. D. Unfunded Mandates Reform Act and Executive Orders 13132 and 13175 This action will not have substantial direct effects on State or tribal governments, on the relationship between the Federal Government and States or Indian tribes, or on the distribution of power and responsibilities between the Federal Government and States or Indian tribes. As a result, no action is required under Executive Order 13132, entitled ‘‘Federalism’’ (64 FR 43255, August 10, 1999), or under Executive Order 13175, entitled ‘‘Consultation and Coordination with Indian Tribal Governments’’ (65 FR 67249, November 9, 2000). Nor does it impose any enforceable duty or contain any unfunded mandate as described under Title II of the Unfunded Mandates Reform Act, 2 U.S.C. 1531–1538. PO 00000 Frm 00057 Fmt 4700 Sfmt 4700 36171 E. Executive Orders 13045, 13211, and 12898 This action is not a ‘‘significant regulatory action’’ as defined by Executive Order 12866. As a result, this action is not subject to Executive Order 13045, entitled ‘‘Protection of Children from Environmental Health Risks and Safety Risks’’ (62 FR 19885, April 23, 1997) and Executive Order 13211 entitled ‘‘Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use’’ (66 FR 28355, May 22, 2001). In addition, this action also does not require any special considerations under Executive Order 12898 entitled ‘‘Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations’’ (59 FR 7629, February 16, 1994). F. National Technology Transfer and Advancement Act This action does not involve any technical standards that would require Agency consideration of voluntary consensus standards pursuant to section 12(d) of the National Technology Transfer and Advancement Act, 15 U.S.C. 272 note. IV. Congressional Review Act 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). Under CRA section 808, an agency may make a rule effective sooner than otherwise provided by the CRA if the agency makes a good cause finding under the APA that notice and public procedure is impracticable, unnecessary, or contrary to the public interest. This determination must be supported by a brief statement, 5 U.S.C. 808(2). As discussed in Unit II.B., EPA has made such a good cause finding for this rule and established the effective date that is identified under DATES. List of Subjects in 40 CFR Part 711 Environmental protection, Chemicals, Confidential Business Information (CBI), Hazardous materials, Importer, Manufacturer, Reporting and recordkeeping requirements. E:\FR\FM\18JNR1.SGM 18JNR1 36172 Federal Register / Vol. 77, No. 117 / Monday, June 18, 2012 / Rules and Regulations Dated: June 11, 2012. James Jones, Acting Assistant Administrator, Office of Chemical Safety and Pollution Prevention. Therefore, 40 CFR chapter I is amended as follows: PART 711—[AMENDED] 1. The authority citation for part 711 continues to read as follows: ■ Authority: 15 U.S.C. 2607(a). 2. In § 711.20, revise the second sentence to read as follows: ■ § 711.20 When to report. * * * The 2012 CDR submission period is from February 1, 2012 to August 13, 2012. * * * [FR Doc. 2012–14774 Filed 6–15–12; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 64 [Docket ID FEMA–2012–0003; Internal Agency Docket No. FEMA–8233] Suspension of Community Eligibility Federal Emergency Management Agency, DHS. ACTION: Final rule. AGENCY: This rule identifies communities where the sale of flood insurance has been authorized under the National Flood Insurance Program (NFIP) that are scheduled for suspension on the effective dates listed within this rule because of noncompliance with the floodplain management requirements of the program. If the Federal Emergency Management Agency (FEMA) receives documentation that the community has adopted the required floodplain management measures prior to the effective suspension date given in this rule, the suspension will not occur and a notice of this will be provided by publication in the Federal Register on a subsequent date. DATES: Effective Dates: The effective date of each community’s scheduled suspension is the third date (‘‘Susp.’’) listed in the third column of the following tables. FOR FURTHER INFORMATION CONTACT: If you want to determine whether a particular community was suspended on the suspension date or for further information, contact David Stearrett, srobinson on DSK4SPTVN1PROD with RULES SUMMARY: VerDate Mar<15>2010 16:18 Jun 15, 2012 Jkt 226001 Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472, (202) 646–2953. SUPPLEMENTARY INFORMATION: The NFIP enables property owners to purchase Federal flood insurance that is not otherwise generally available from private insurers. In return, communities agree to adopt and administer local floodplain management measures aimed at protecting lives and new construction from future flooding. Section 1315 of the National Flood Insurance Act of 1968, as amended, 42 U.S.C. 4022, prohibits the sale of NFIP flood insurance unless an appropriate public body adopts adequate floodplain management measures with effective enforcement measures. The communities listed in this document no longer meet that statutory requirement for compliance with program regulations, 44 CFR part 59. Accordingly, the communities will be suspended on the effective date in the third column. As of that date, flood insurance will no longer be available in the community. We recognize that some of these communities may adopt and submit the required documentation of legally enforceable floodplain management measures after this rule is published but prior to the actual suspension date. These communities will not be suspended and will continue to be eligible for the sale of NFIP flood insurance. A notice withdrawing the suspension of such communities will be published in the Federal Register. In addition, FEMA publishes a Flood Insurance Rate Map (FIRM) that identifies the Special Flood Hazard Areas (SFHAs) in these communities. The date of the FIRM, if one has been published, is indicated in the fourth column of the table. No direct Federal financial assistance (except assistance pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act not in connection with a flood) may be provided for construction or acquisition of buildings in identified SFHAs for communities not participating in the NFIP and identified for more than a year on FEMA’s initial FIRM for the community as having flood-prone areas (section 202(a) of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4106(a), as amended). This prohibition against certain types of Federal assistance becomes effective for the communities listed on the date shown in the last column. The Administrator finds that notice and public comment procedures under 5 U.S.C. 553(b), are impracticable and unnecessary because communities listed PO 00000 Frm 00058 Fmt 4700 Sfmt 4700 in this final rule have been adequately notified. Each community receives 6-month, 90-day, and 30-day notification letters addressed to the Chief Executive Officer stating that the community will be suspended unless the required floodplain management measures are met prior to the effective suspension date. Since these notifications were made, this final rule may take effect within less than 30 days. National Environmental Policy Act. This rule is categorically excluded from the requirements of 44 CFR Part 10, Environmental Considerations. No environmental impact assessment has been prepared. Regulatory Flexibility Act. The Administrator has determined that this rule is exempt from the requirements of the Regulatory Flexibility Act because the National Flood Insurance Act of 1968, as amended, Section 1315, 42 U.S.C. 4022, prohibits flood insurance coverage unless an appropriate public body adopts adequate floodplain management measures with effective enforcement measures. The communities listed no longer comply with the statutory requirements, and after the effective date, flood insurance will no longer be available in the communities unless remedial action takes place. Regulatory Classification. This final rule is not a significant regulatory action under the criteria of section 3(f) of Executive Order 12866 of September 30, 1993, Regulatory Planning and Review, 58 FR 51735. Executive Order 13132, Federalism. This rule involves no policies that have federalism implications under Executive Order 13132. Executive Order 12988, Civil Justice Reform. This rule meets the applicable standards of Executive Order 12988. Paperwork Reduction Act. This rule does not involve any collection of information for purposes of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. List of Subjects in 44 CFR Part 64 Flood insurance, Floodplains. Accordingly, 44 CFR part 64 is amended as follows: PART 64—[AMENDED] 1. The authority citation for Part 64 continues to read as follows: ■ Authority: 42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of 1978, 3 CFR, 1978 Comp.; p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 1979 Comp.; p. 376. E:\FR\FM\18JNR1.SGM 18JNR1

Agencies

[Federal Register Volume 77, Number 117 (Monday, June 18, 2012)]
[Rules and Regulations]
[Pages 36170-36172]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-14774]


-----------------------------------------------------------------------

EVIRONMENTAL PROTECTION AGENCY

 40 CFR Part 711

[EPA-HQ-OPPT-2009-0187; FRL-9353-1]
RIN 2070-AJ43


TSCA Inventory Update Reporting Modifications; Chemical Data 
Reporting; 2012 Submission Period Extension

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: EPA is amending the Toxic Substances Control Act (TSCA) 
Chemical Data Reporting (CDR) regulations by extending the submission 
deadline for 2012 reports from June 30, 2012 to August 13, 2012. This 
is a one-time extension for the 2012 submission period only. The CDR 
regulations require manufacturers and importers of certain chemical 
substances included on the TSCA Chemical Substance Inventory (TSCA 
Inventory) to report current data on the manufacturing, processing, and 
use of the chemical substances.

DATES: This final rule is effective June 18, 2012.

ADDRESSES: The docket for this action, identified by docket 
identification (ID) number (No.) EPA-HQ-OPPT-2009-0187, is available 
either electronically through https://www.regulations.gov or in hard 
copy at the Pollution Prevention and Toxics (OPPT) Docket, 
Environmental Protection Agency Docket Center (EPA/DC), EPA West 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 https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Chenise Farquharson, Chemical Control 
Division (7405M), Office of Pollution Prevention and Toxics, 
Environmental Protection Agency, 1200 Pennsylvania Ave. NW., 
Washington, DC 20460-0001; telephone number: (202) 564-7768; fax 
number: (202) 564-4775; email address: farquharson.chenise@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?

    You may be potentially affected by this action if you manufacture 
(including manufacture as a byproduct) or import chemical substances 
listed on the TSCA Inventory. Potentially affected entities may 
include, but are not limited to:
     Chemical manufacturers and importers (NAICS codes 325 and 
324110, e.g., chemical manufacturing and processing and petroleum 
refineries).
     Chemical users and processors who may manufacture a 
byproduct chemical substance (NAICS codes 22, 322, 331, and 3344, e.g., 
utilities, paper manufacturing, primary metal manufacturing, and 
semiconductor and other electronic component manufacturing).
    This listing is not intended to be exhaustive, but rather provides 
a guide for readers regarding entities likely to be affected by this 
action. Other types of entities not listed in this unit could also be 
affected. The North American Industrial Classification System (NAICS) 
codes have been provided to assist you and others in determining 
whether this action might apply to certain entities. If you have any 
questions regarding the applicability of this action to a particular 
entity, consult the technical person listed under FOR FURTHER 
INFORMATION CONTACT.

II. Background

A. What action is the Agency taking?

    In the August 16, 2011, final rule entitled, ``TSCA Inventory 
Update Reporting Modifications; Chemical Data Reporting'' (76 FR 50816, 
August 16, 2011) (FRL-8872-9), EPA designated the 2012 CDR submission 
period to be February 1, 2012 to June 30, 2012. EPA is issuing this 
amendment to extend the deadline for 2012 CDR submission reports until 
August 13, 2012.
    The Agency is taking this action in response to concerns raised by 
the regulated community about their ability to submit the required 
information within the prescribed period. Written requests to extend 
the CDR submission period are included in the docket (see ADDRESSES). 
The compelling concerns raised by industry include the timing of 
responses to inquiries about regulatory interpretations, particularly 
for byproduct chemical substances, and issues associated with several 
aspects of electronic reporting.

[[Page 36171]]

    EPA believes it is appropriate to extend the reporting period to 
allow the reporters associated with byproducts to understand and 
determine their reporting obligations and to allow the regulated 
community to adjust to electronic reporting and submit their reports.
    With respect to the timing of this action, the need for the Agency 
to extend the deadline arose, in part, as a result of issues 
experienced by the regulated community with several aspects of 
electronic reporting that were brought to the Agency's attention only 
recently.

B. What is the Agency's authority for taking this action?

    The CDR rule was issued pursuant to the authority of TSCA section 
8(a), 15 U.S.C. 2607(a). Under section 553(b)(3)(B) of the 
Administrative Procedure Act (APA), 5 U.S.C. 553(b)(3)(B), the Agency 
may issue a final rule without a prior proposal if it finds that notice 
and public participatory procedures are impracticable, unnecessary, or 
contrary to the public interest. In this case, for the extension 
sought, the Agency does find that normal notice and public process 
rulemaking is impracticable. Given that the current reporting deadline 
is June 30, 2012, it is impracticable to follow notice and comment 
procedures on an extension of that deadline, because that process would 
not allow the rule to be finalized before the current reporting 
deadline. As discussed in this unit, the Agency only recently learned 
that the regulated community was having difficulty submitting their 
reports through the required electronic reporting mechanism. This 
action does not alter the substantive CDR reporting requirements in any 
way. The Agency also believes the one-time extension will not result in 
a significant delay in the processing and availability of CDR 
information to potential users. Further, this action is consistent with 
the public interest because it is designed to facilitate compliance 
with the CDR rule and to ensure that the 2012 collection includes 
accurate data on chemical manufacturing, processing, and use in the 
United States. Finally, any impact on the regulated community is 
expected to be beneficial given that the one-time extension provides 
additional time to submit accurate CDR reports to EPA.
    Similarly, under APA section 553(d), 5 U.S.C. 553(d), the Agency 
may make a rule immediately effective ``for good cause found and 
published with the rule.'' For the reasons discussed in this unit, EPA 
believes that there is ``good cause'' to make this amendment effective 
upon publication in the Federal Register.

III. Statutory and Executive Order Reviews

A. Executive Order 12866 and Executive Order 13563

    This action is classified as a final rule because it makes an 
amendment to the Code of Federal Regulations (CFR). The amendment to 
the CFR is necessary to allow for a one-time extension to the 2012 CDR 
reporting period. This action does not impose any new requirements or 
amend substantive requirements. This action is not a ``significant 
regulatory action'' and is therefore not subject to review by the 
Office of Management and Budget (OMB) under Executive Order 12866, 
entitled ``Regulatory Planning and Review'' (58 FR 51735, October 4, 
1993) and Executive Order 13563 entitled ``Improving Regulation and 
Regulatory Review'' (76 FR 3821, January 21, 2011).

B. Paperwork Reduction Act

    This final rule does not contain any information collections 
subject to OMB approval under the Paperwork Reduction Act (PRA), 44 
U.S.C. 3501 et seq.

C. Regulatory Flexibility Act

    This final rule is not subject to the Regulatory Flexibility Act 
(RFA), 5 U.S.C. 601 et seq. The RFA applies only to rules subject to 
notice and comment rulemaking requirements under the APA, 5 U.S.C. 553, 
or any other statute. This rule is not subject to notice and comment 
requirements under the APA because the Agency has invoked the APA 
``good cause'' exemption.

D. Unfunded Mandates Reform Act and Executive Orders 13132 and 13175

    This action will not have substantial direct effects on State or 
tribal governments, on the relationship between the Federal Government 
and States or Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and States or Indian 
tribes. As a result, no action is required under Executive Order 13132, 
entitled ``Federalism'' (64 FR 43255, August 10, 1999), or under 
Executive Order 13175, entitled ``Consultation and Coordination with 
Indian Tribal Governments'' (65 FR 67249, November 9, 2000). Nor does 
it impose any enforceable duty or contain any unfunded mandate as 
described under Title II of the Unfunded Mandates Reform Act, 2 U.S.C. 
1531-1538.

E. Executive Orders 13045, 13211, and 12898

    This action is not a ``significant regulatory action'' as defined 
by Executive Order 12866. As a result, this action is not subject to 
Executive Order 13045, entitled ``Protection of Children from 
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23, 
1997) and Executive Order 13211 entitled ``Actions Concerning 
Regulations That Significantly Affect Energy Supply, Distribution, or 
Use'' (66 FR 28355, May 22, 2001). In addition, this action also does 
not require any special considerations under Executive Order 12898 
entitled ``Federal Actions to Address Environmental Justice in Minority 
Populations and Low-Income Populations'' (59 FR 7629, February 16, 
1994).

F. National Technology Transfer and Advancement Act

    This action does not involve any technical standards that would 
require Agency consideration of voluntary consensus standards pursuant 
to section 12(d) of the National Technology Transfer and Advancement 
Act, 15 U.S.C. 272 note.

IV. Congressional Review Act

    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). Under CRA section 808, an agency may 
make a rule effective sooner than otherwise provided by the CRA if the 
agency makes a good cause finding under the APA that notice and public 
procedure is impracticable, unnecessary, or contrary to the public 
interest. This determination must be supported by a brief statement, 5 
U.S.C. 808(2). As discussed in Unit II.B., EPA has made such a good 
cause finding for this rule and established the effective date that is 
identified under DATES.

List of Subjects in 40 CFR Part 711

    Environmental protection, Chemicals, Confidential Business 
Information (CBI), Hazardous materials, Importer, Manufacturer, 
Reporting and recordkeeping requirements.



[[Page 36172]]


    Dated: June 11, 2012.
James Jones,
Acting Assistant Administrator, Office of Chemical Safety and Pollution 
Prevention.

    Therefore, 40 CFR chapter I is amended as follows:

PART 711--[AMENDED]

0
1. The authority citation for part 711 continues to read as follows:

    Authority:  15 U.S.C. 2607(a).

0
2. In Sec.  711.20, revise the second sentence to read as follows:


Sec.  711.20  When to report.

    * * * The 2012 CDR submission period is from February 1, 2012 to 
August 13, 2012. * * *

[FR Doc. 2012-14774 Filed 6-15-12; 8:45 am]
BILLING CODE 6560-50-P
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