Significant New Use Rule on Certain Chemical Substances; Reopening of Comment Period, 80-81 [2016-29755]
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Federal Register / Vol. 82, No. 1 / Tuesday, January 3, 2017 / Proposed Rules
the officer conducting the hearing at the
outset of or during the hearing.
(2) Technical rules of evidence do not
apply to hearings conducted pursuant to
this part, but rules or principles
designed to assure production of the
most credible evidence available and to
subject testimony to test by crossexamination shall be applied where
determined reasonably necessary by the
officer conducting the hearing. The
hearing officer may exclude irrelevant,
immaterial, or unduly repetitious
evidence. All documents and other
evidence offered or taken for the record
shall be open to examination by the
parties and opportunity shall be given to
refute facts and arguments advanced on
either side of the issues. A transcript
shall be made of the oral evidence
except to the extent the substance
thereof is stipulated for the record. All
decisions shall be based upon the
hearing record and written findings
shall be made.
(e) Consolidated or joint hearings. In
cases in which the same or related facts
are asserted to constitute
noncompliance with this part with
respect to two or more Federal statutes,
authorities, or other means by which
Federal financial assistance is extended
and to which this part applies, or
noncompliance with this part and the
regulations of one or more other Federal
departments or agencies issued under
section 504, the Secretary may, by
agreement with such other departments
or agencies, where applicable, provide
for the conduct of consolidated or joint
hearings, and for the application to such
hearings of rules or procedures not
inconsistent with this part. Final
decisions in such cases, insofar as this
regulation is concerned, shall be made
in accordance with § 40.401.
sradovich on DSK3GMQ082PROD with PROPOSALS
§ 40.401
Decisions and notices.
(a) Procedure on decisions by hearing
examiner. If the hearing is held by a
hearing examiner, the hearing examiner
shall either make an initial decision, if
so authorized, or certify the entire
record including his recommended
findings and proposed decision to the
Secretary for a final decision, and a
copy of such initial decision or
certification shall be mailed to the
applicant or recipient. Where the initial
decision is made by the hearing
examiner the applicant or recipient
may, within 30 days after the mailing of
such notice of initial decision, file with
the Secretary the applicant’s or
recipient’s exceptions to the initial
decision, with the reasons therefore. In
the absence of exceptions, the Secretary
may, on his or her own motion, within
45 days after the initial decision, serve
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on the applicant or recipient a notice
that he or she will review the decision.
Upon the filing of such exceptions or of
notice of review, the Secretary shall
review the initial decision and issue his
or her own decision thereon including
the reasons therefore. In the absence of
either exceptions or a notice of review,
the initial decision shall, subject to
paragraph (e) of this section, constitute
the final decision of the Secretary.
(b) Decisions on record or review by
the Secretary. Whenever a record is
certified to the Secretary for decision or
he or she reviews the decision of a
hearing examiner pursuant to paragraph
(a) of this section, or whenever the
Secretary conducts the hearing, the
applicant or recipient shall be given
reasonable opportunity to file with the
Secretary briefs or other written
statements of its contentions, and a
written copy of the final decision of the
Secretary shall be sent to the applicant
or recipient and to the complainant, if
any.
(c) Decisions on record where a
hearing is waived. Whenever a hearing
is waived pursuant to § 40.400, a
decision shall be made by the Secretary
on the record and a written copy of such
decision shall be sent to the applicant
or recipient, and to the complainant, if
any.
(d) Rulings required. Each decision of
a hearing examiner or the Secretary
shall set forth his or her ruling on each
finding, conclusion, or exception
presented, and shall identify the
requirement or requirements imposed
by or pursuant to this part with which
it is found that the applicant or
recipient has failed to comply.
(e) Approval by the Secretary. Any
final decision by an official of the
Department, other than the Secretary
personally, which provides for the
suspension or termination of, or the
refusal to grant or continue Federal
financial assistance, or the imposition of
any other sanction available under this
part or section 504, shall promptly be
transmitted to the Secretary personally,
who may approve such decision, may
vacate it, or remit or mitigate any
sanction imposed.
(f) Content of orders. The final
decision may provide for suspension or
termination of, or refusal to grant or
continue Federal financial assistance, in
whole or in part, to which this
regulation applies, and may contain
such terms, conditions, and other
provisions as are consistent with and
will effectuate the purposes of section
504 and this part, including provisions
designed to assure that no Federal
financial assistance to which this
regulation applies will thereafter be
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extended to the applicant or recipient
determined by such decision to be in
default in its performance of an
assurance given by it pursuant to this
part, or to have otherwise failed to
comply with this part, unless and until
it corrects its noncompliance and
satisfies the Secretary that it will fully
comply with this part.
(g) Post termination proceedings. (1)
An applicant or recipient adversely
affected by an order issued under
paragraph (f) of this section shall be
restored to full eligibility to receive
Federal financial assistance if it satisfies
the terms and conditions of that order
for such eligibility or if it brings itself
into compliance with this part and
provides reasonable assurance that it
will fully comply with this part.
(2) Any applicant or recipient
adversely affected by an order entered
pursuant to paragraph (f) of this section
may at any time request the Secretary to
restore fully its eligibility to receive
Federal financial assistance. Any such
request shall be supported by
information showing that the applicant
or recipient has met the requirements of
paragraph (g)(1) of this section. If the
Secretary determines that those
requirements have been satisfied, he or
she shall restore such eligibility.
(3) If the Secretary denies any such
request, the applicant or recipient may
submit a request for a hearing in
writing, specifying why it believes such
official to have been in error. It shall
thereupon be given an expeditious
hearing, with a decision on the record
in accordance with rules or procedures
issued by the Secretary. The applicant
or recipient will be restored to such
eligibility if it proves at such a hearing
that it satisfied the requirements of
paragraph (g)(1) of this section. While
proceedings under this paragraph are
pending, the sanctions imposed by the
order issued under paragraph (f) of this
section shall remain in effect.
Kody Kinsley,
Assistant Secretary for Management.
[FR Doc. 2016–31236 Filed 12–30–16; 8:45 am]
BILLING CODE 4810–25–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 721
[EPA–HQ–OPPT–2015–0810; FRL–9955–71]
Significant New Use Rule on Certain
Chemical Substances; Reopening of
Comment Period
Environmental Protection
Agency (EPA).
AGENCY:
E:\FR\FM\03JAP1.SGM
03JAP1
Federal Register / Vol. 82, No. 1 / Tuesday, January 3, 2017 / Proposed Rules
Proposed rule; reopening of
comment period.
ACTION:
EPA issued a proposed rule in
the Federal Register of October 27, 2016
proposing significant new use rules
(SNURs) under the Toxic Substances
Control Act (TSCA) for three chemical
substances which were the subject of
premanufacture notices (PMNs). This
document reopens the comment period
for 60 days. A commenter requested
additional time to submit written
comments for the proposed rule. EPA
believes that the request is reasonable
and is therefore reopening the comment
period in order to give all interested
persons the opportunity to comment
fully
SUMMARY:
Comments on the proposed rule
published in the Federal Register of
October 27, 2016 (81 FR 74755),
identified by docket identification (ID)
number EPA–HQ–OPPT–2015–0810,
must be received on or before March 6,
2017.
DATES:
Submit your comments,
identified by docket identification (ID)
number EPA–HQ–OPPT–2015–0810, by
one of the following methods:
sradovich on DSK3GMQ082PROD with PROPOSALS
ADDRESSES:
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22:13 Dec 30, 2016
Jkt 241001
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute.
• Mail: Document Control Office
(7407M), Office of Pollution Prevention
and Toxics (OPPT), Environmental
Protection Agency, 1200 Pennsylvania
Ave. NW., Washington, DC 20460–0001.
• Hand Delivery: To make special
arrangements for hand delivery or
delivery of boxed information, please
follow the instructions at https://
www.epa.gov/dockets/contacts.html.
Additional instructions on
commenting or visiting the docket,
along with more information about
dockets generally, is available at https://
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.
PO 00000
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Fmt 4702
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81
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.
This
document reopens the public comment
period established in the Federal
Register document of October 27, 2016.
In that document, EPA proposed SNURs
under the TSCA for three chemical
substances which were the subject of
PMNs. EPA is hereby reopening the
comment period for 60 days.
To submit comments, or access the
docket, please follow the detailed
instructions provided under ADDRESSES.
If you have questions, consult the
technical person listed under FOR
FURTHER INFORMATION CONTACT.
SUPPLEMENTARY INFORMATION:
Authority: 15 U.S.C. 2604, 2607, and
2625(c).
Dated: December 5, 2016.
Maria J. Doa,
Director, Chemical Control Division, Office
of Pollution Prevention and Toxics.
[FR Doc. 2016–29755 Filed 12–30–16; 8:45 am]
BILLING CODE 6560–50–P
E:\FR\FM\03JAP1.SGM
03JAP1
Agencies
[Federal Register Volume 82, Number 1 (Tuesday, January 3, 2017)]
[Proposed Rules]
[Pages 80-81]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-29755]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 721
[EPA-HQ-OPPT-2015-0810; FRL-9955-71]
Significant New Use Rule on Certain Chemical Substances;
Reopening of Comment Period
AGENCY: Environmental Protection Agency (EPA).
[[Page 81]]
ACTION: Proposed rule; reopening of comment period.
-----------------------------------------------------------------------
SUMMARY: EPA issued a proposed rule in the Federal Register of October
27, 2016 proposing significant new use rules (SNURs) under the Toxic
Substances Control Act (TSCA) for three chemical substances which were
the subject of premanufacture notices (PMNs). This document reopens the
comment period for 60 days. A commenter requested additional time to
submit written comments for the proposed rule. EPA believes that the
request is reasonable and is therefore reopening the comment period in
order to give all interested persons the opportunity to comment fully
DATES: Comments on the proposed rule published in the Federal Register
of October 27, 2016 (81 FR 74755), identified by docket identification
(ID) number EPA-HQ-OPPT-2015-0810, must be received on or before March
6, 2017.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPPT-2015-0810, by one of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute.
Mail: Document Control Office (7407M), Office of Pollution
Prevention and Toxics (OPPT), Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington, DC 20460-0001.
Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at https://www.epa.gov/dockets/contacts.html.
Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at https://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: This document reopens the public comment
period established in the Federal Register document of October 27,
2016. In that document, EPA proposed SNURs under the TSCA for three
chemical substances which were the subject of PMNs. EPA is hereby
reopening the comment period for 60 days.
To submit comments, or access the docket, please follow the
detailed instructions provided under ADDRESSES. If you have questions,
consult the technical person listed under FOR FURTHER INFORMATION
CONTACT.
Authority: 15 U.S.C. 2604, 2607, and 2625(c).
Dated: December 5, 2016.
Maria J. Doa,
Director, Chemical Control Division, Office of Pollution Prevention and
Toxics.
[FR Doc. 2016-29755 Filed 12-30-16; 8:45 am]
BILLING CODE 6560-50-P