Community Right-to-Know; Adopting 2017 North American Industry Classification System (NAICS) Codes for Toxics Release Inventory (TRI) Reporting; Withdrawal, 52674-52675 [2017-24633]

Download as PDF 52674 Federal Register / Vol. 82, No. 218 / Tuesday, November 14, 2017 / Rules and Regulations did receive a relevant adverse comment on the proposed update, and is therefore ■ 1. The authority citation for part 180 withdrawing the direct final rule and continues to read as follows: will instead proceed with a final rule based on the proposed rule after Authority: 21 U.S.C. 321(q), 346a and 371. considering all public comments. ■ 2. In § 180.686, amend the table in DATES: Effective November 14, 2017 the paragraph (a) by: direct final rule published in the ■ i. Adding alphabetically the commodities ‘‘Onion, bulb, subgroup 3– Federal Register of August 17, 2017 (82 07A’’, ‘‘Onion, green, subgroup 3–07B’’, FR 39038) (FRL–9964–77) is withdrawn. and FOR FURTHER INFORMATION CONTACT: For ■ ii. Revising the commodity technical information contact: ‘‘Sugarcane, cane’’. Stephanie Griffin, Toxics Release The additions and revisions read as Inventory Program Division (7410M), follows: Office of Pollution Prevention and § 180.686 Benzovindiflupyr; tolerances for Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., residues. Washington, DC 20460–0001; telephone (a) * * * number: (202) 564–1463; email address: griffin.stephanie@epa.gov. Parts Commodity per For general information contact: The million Emergency Planning and Community Right-to-Know Information Center; telephone number: (800) 424–9346, TDD * * * * * Onion, bulb, subgroup 3–07A ...... 0.02 (800) 553–7672; Web site: https:// Onion, green, subgroup 3–07B .... 0.40 www.epa.gov/home/epa-hotlines. SUPPLEMENTARY INFORMATION: PART 180—[AMENDED] * * * * Sugarcane, cane .......................... * * * * * * * * * 0.30 A list of potentially affected entities is provided in the Federal Register of August 17, 2017. If you have questions regarding the applicability of this action to a particular entity, consult the technical person listed under FOR FURTHER INFORMATION CONTACT. * * [FR Doc. 2017–24109 Filed 11–13–17; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY II. What rule is being withdrawn? 40 CFR Part 372 [EPA–HQ–OPPT–2017–0197; FRL–9968–26] RIN 2070–AK32 Community Right-to-Know; Adopting 2017 North American Industry Classification System (NAICS) Codes for Toxics Release Inventory (TRI) Reporting; Withdrawal Environmental Protection Agency (EPA). ACTION: Direct final rule; withdrawal. AGENCY: In the Federal Register of August 17, 2017, EPA published both a direct final rule and a proposed rule to update the list of NAICS codes subject to reporting under the TRI to reflect the Office of Management and Budget (OMB) 2017 NAICS code revision. As noted in the direct final rule, if EPA received relevant adverse comment on the proposed update, the Agency would publish a timely withdrawal of the direct final rule in the Federal Register informing the public that the direct final action will not take effect. The Agency jstallworth on DSKBBY8HB2PROD with RULES SUMMARY: VerDate Sep<11>2014 13:31 Nov 13, 2017 Jkt 244001 I. Does this action apply to me? In the August 17, 2017 Federal Register, EPA published both a direct final rule (see 82 FR 39038) and a proposed rule (see 82 FR 39101) pursuant to sections 313(g)(1) and 328 of the Emergency Planning and Community Right-to-Know Act (EPCRA) for the purpose of updating the list of NAICS codes subject to TRI reporting under EPCRA section 313 to include OMB’s revised 2017 NAICS codes. The action would have also modified the list of relevant exceptions and limitations to the covered NAICS codes included in the CFR for TRI reporting purposes. Since the direct final rule and proposed rule’s publication, EPA received a public comment supporting the overall update, but noting that the direct final rule inadvertently omitted one of the covered NAICS codes updated by OMB. As a result of this omission, EPA is withdrawing the direct final rule published in the Federal Register on August 17, 2017, and will instead proceed with a final rule based on the proposed rule after considering (and responding to) all public comments received. PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 III. How do I access the docket? To access the docket, please go to http://www.regulations.gov and follow the online instructions using the docket identification (ID) number EPA–HQ– OPPT–2017–0197. Additional information about the Docket Facility is also provided under ADDRESSES in the August 17, 2017 Federal Register document. If you have questions, consult the technical person listed under FOR FURTHER INFORMATION CONTACT. IV. Good Cause Finding EPA finds that there is ‘‘good cause’’ under the Administrative Procedure Act (APA) (5 U.S.C. 553(b)(3)(B)) to withdraw the direct final rule discussed in this document without prior notice and comment. Alongside the direct final rule, EPA published an identical proposed rule and gave notice in the Federal Register that the direct final rule would be withdrawn if the Agency received adverse comment. For this document, notice and comment is impracticable and unnecessary because EPA is under a time limit to publish this withdrawal before the direct final rule is to take effect to limit confusion among Federal agencies and the regulated community. As such, EPA has determined that this document is not subject to the 30-day delay of effective date generally required by 5 U.S.C. 553(d). This withdrawal must become effective prior to the effective date of the direct final rule being withdrawn. V. Statutory and Executive Order Reviews This document withdraws regulatory requirements that have not gone into effect. As such, the Agency has determined that this withdrawal will not have any adverse impacts, economic or otherwise. The statutory and Executive Order review requirements applicable to the direct final rule being withdrawn were discussed in the August 17, 2017 Federal Register document. Those review requirements do not apply to this action because it is a withdrawal and does not contain any new or amended requirements. VI. Congressional Review Act (CRA) Pursuant to the CRA (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 E:\FR\FM\14NOR1.SGM 14NOR1 Federal Register / Vol. 82, No. 218 / Tuesday, November 14, 2017 / Rules and Regulations 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 IV. List of Subjects in 40 CFR Part 372 Environmental protection, Community right-to-know, Reporting and recordkeeping requirements, Toxic chemicals. Dated: November 7, 2017. E. Scott Pruitt, Administrator. [FR Doc. 2017–24633 Filed 11–13–17; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 151130999–6594–02] RIN 0648–XF821 Fisheries of the Northeastern United States; Atlantic Bluefish Fishery; Quota Transfer National Marine Fisheries Service (NMFS), National Oceanic and jstallworth on DSKBBY8HB2PROD with RULES AGENCY: VerDate Sep<11>2014 13:31 Nov 13, 2017 Jkt 244001 Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; quota transfer. NMFS announces that the State of New Jersey is transferring a portion of its 2017 commercial bluefish quota to the State of Rhode Island. This quota adjustment is necessary to comply with the Atlantic Bluefish Fishery Management Plan quota transfer provisions. This announcement informs the public of the revised commercial bluefish quotas for New Jersey and Rhode Island. DATES: Effective November 8, 2017, through December 31, 2017. FOR FURTHER INFORMATION CONTACT: Cynthia Hanson, Fishery Management Specialist, (978) 281–9180. SUPPLEMENTARY INFORMATION: Regulations governing the Atlantic bluefish fishery are found in 50 CFR 648.160 through 648.167. The regulations require annual specification of a commercial quota that is apportioned among the coastal states from Maine through Florida. The process to set the annual commercial quota and the percent allocated to each state are described in § 648.162 and the initial 2017 allocations were published on March 13, 2017 (82 FR 13402). The final rule implementing Amendment 1 to the Bluefish Fishery Management Plan published in the Federal Register on July 26, 2000 (65 FR 45844), and provided a mechanism for transferring bluefish quota from one SUMMARY: PO 00000 Frm 00033 Fmt 4700 Sfmt 9990 52675 state to another. Two or more states, under mutual agreement and with the concurrence of the NMFS Greater Atlantic Regional Administrator, can request approval of a transfer of bluefish commercial quota under § 648.162(e)(1)(i) through (iii). The Regional Administrator must first approve any such transfer based on the criteria in § 648.162(e). New Jersey is transferring 50,000 lb (22,680 kg) of Atlantic bluefish commercial quota to Rhode Island. This transfer was requested by state officials in Rhode Island to ensure their 2017 commercial bluefish quota would not be exceeded. Both states have agreed to the transfer and certified that it meets all pertinent requirements. The revised bluefish quotas for calendar year 2017 are now: New Jersey, 1,215,633 lb (551,402 kg); and Rhode Island, 731,563 lb (331,831 kg); based on the initial quotas published in the 2016–2018 Atlantic Bluefish Specifications and subsequent transfers. Classification This action is taken under 50 CFR part 648 and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: November 8, 2017. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2017–24641 Filed 11–8–17; 4:15 pm] BILLING CODE 3510–22–P E:\FR\FM\14NOR1.SGM 14NOR1

Agencies

[Federal Register Volume 82, Number 218 (Tuesday, November 14, 2017)]
[Rules and Regulations]
[Pages 52674-52675]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-24633]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 372

[EPA-HQ-OPPT-2017-0197; FRL-9968-26]
RIN 2070-AK32


Community Right-to-Know; Adopting 2017 North American Industry 
Classification System (NAICS) Codes for Toxics Release Inventory (TRI) 
Reporting; Withdrawal

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule; withdrawal.

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

SUMMARY: In the Federal Register of August 17, 2017, EPA published both 
a direct final rule and a proposed rule to update the list of NAICS 
codes subject to reporting under the TRI to reflect the Office of 
Management and Budget (OMB) 2017 NAICS code revision. As noted in the 
direct final rule, if EPA received relevant adverse comment on the 
proposed update, the Agency would publish a timely withdrawal of the 
direct final rule in the Federal Register informing the public that the 
direct final action will not take effect. The Agency did receive a 
relevant adverse comment on the proposed update, and is therefore 
withdrawing the direct final rule and will instead proceed with a final 
rule based on the proposed rule after considering all public comments.

DATES: Effective November 14, 2017 the direct final rule published in 
the Federal Register of August 17, 2017 (82 FR 39038) (FRL-9964-77) is 
withdrawn.

FOR FURTHER INFORMATION CONTACT: For technical information contact: 
Stephanie Griffin, Toxics Release Inventory Program Division (7410M), 
Office of Pollution Prevention and Toxics, Environmental Protection 
Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; 
telephone number: (202) 564-1463; email address: 
griffin.stephanie@epa.gov.
    For general information contact: The Emergency Planning and 
Community Right-to-Know Information Center; telephone number: (800) 
424-9346, TDD (800) 553-7672; Web site: https://www.epa.gov/home/epa-hotlines.

SUPPLEMENTARY INFORMATION: 

I. Does this action apply to me?

    A list of potentially affected entities is provided in the Federal 
Register of August 17, 2017. 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 rule is being withdrawn?

    In the August 17, 2017 Federal Register, EPA published both a 
direct final rule (see 82 FR 39038) and a proposed rule (see 82 FR 
39101) pursuant to sections 313(g)(1) and 328 of the Emergency Planning 
and Community Right-to-Know Act (EPCRA) for the purpose of updating the 
list of NAICS codes subject to TRI reporting under EPCRA section 313 to 
include OMB's revised 2017 NAICS codes. The action would have also 
modified the list of relevant exceptions and limitations to the covered 
NAICS codes included in the CFR for TRI reporting purposes.
    Since the direct final rule and proposed rule's publication, EPA 
received a public comment supporting the overall update, but noting 
that the direct final rule inadvertently omitted one of the covered 
NAICS codes updated by OMB. As a result of this omission, EPA is 
withdrawing the direct final rule published in the Federal Register on 
August 17, 2017, and will instead proceed with a final rule based on 
the proposed rule after considering (and responding to) all public 
comments received.

III. How do I access the docket?

    To access the docket, please go to http://www.regulations.gov and 
follow the online instructions using the docket identification (ID) 
number EPA-HQ-OPPT-2017-0197. Additional information about the Docket 
Facility is also provided under ADDRESSES in the August 17, 2017 
Federal Register document. If you have questions, consult the technical 
person listed under FOR FURTHER INFORMATION CONTACT.

IV. Good Cause Finding

    EPA finds that there is ``good cause'' under the Administrative 
Procedure Act (APA) (5 U.S.C. 553(b)(3)(B)) to withdraw the direct 
final rule discussed in this document without prior notice and comment. 
Alongside the direct final rule, EPA published an identical proposed 
rule and gave notice in the Federal Register that the direct final rule 
would be withdrawn if the Agency received adverse comment.
    For this document, notice and comment is impracticable and 
unnecessary because EPA is under a time limit to publish this 
withdrawal before the direct final rule is to take effect to limit 
confusion among Federal agencies and the regulated community. As such, 
EPA has determined that this document is not subject to the 30-day 
delay of effective date generally required by 5 U.S.C. 553(d). This 
withdrawal must become effective prior to the effective date of the 
direct final rule being withdrawn.

V. Statutory and Executive Order Reviews

    This document withdraws regulatory requirements that have not gone 
into effect. As such, the Agency has determined that this withdrawal 
will not have any adverse impacts, economic or otherwise. The statutory 
and Executive Order review requirements applicable to the direct final 
rule being withdrawn were discussed in the August 17, 2017 Federal 
Register document. Those review requirements do not apply to this 
action because it is a withdrawal and does not contain any new or 
amended requirements.

VI. Congressional Review Act (CRA)

    Pursuant to the CRA (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

[[Page 52675]]

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 IV.

List of Subjects in 40 CFR Part 372

    Environmental protection, Community right-to-know, Reporting and 
recordkeeping requirements, Toxic chemicals.

    Dated: November 7, 2017.
E. Scott Pruitt,
Administrator.
[FR Doc. 2017-24633 Filed 11-13-17; 8:45 am]
 BILLING CODE 6560-50-P