Voluntary Consensus Standards Update; Formaldehyde Emission Standards for Composite Wood Products; Withdrawal of Direct Final Rule, 57874-57875 [2017-26655]

Download as PDF 57874 Federal Register / Vol. 82, No. 235 / Friday, December 8, 2017 / Rules and Regulations 6450; email address: winchester.erik@ 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: accordance with label directions and good agricultural practices. [FR Doc. 2017–26518 Filed 12–7–17; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 770 [EPA–HQ–OPPT–2017–0245; FRL–9971–38] RIN 2070–AK36 Voluntary Consensus Standards Update; Formaldehyde Emission Standards for Composite Wood Products; Withdrawal of Direct Final Rule Environmental Protection Agency (EPA). ACTION: Direct final rule; withdrawal. AGENCY: In the Federal Register of October 25, 2017, EPA published both a direct final rule and proposed rule to update the voluntary consensus standards that originally published in the Toxics Substances Control Act (TSCA) Title VI formaldehyde emission standards for composite wood products final rule on December 12, 2016. In addition, in the direct final rule and proposed rule the EPA amended the testing requirements for panel producers and third-party certifiers establishing correlation between approved quality control test methods and either the ASTM E1333–14 test chamber, or, upon showing equivalence, the ASTM D6007–14 test chamber. As noted in the direct final rule, if EPA received adverse comment on the proposed amendments, 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 adverse comment on the proposed rule amendments, 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 December 8, 2017, the direct final rule published in the Federal Register of October 25, 2017 (82 FR 49287) (FRL–9962–84), is withdrawn. sradovich on DSK3GMQ082PROD with RULES SUMMARY: For technical information contact: Erik Winchester, National Program Chemicals Division, Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460– 0001; telephone number: (202) 564– FOR FURTHER INFORMATION CONTACT: VerDate Sep<11>2014 16:24 Dec 07, 2017 Jkt 244001 I. Does this action apply to me? A list of potentially affected entities is provided in the Federal Register of October 25, 2017 (82 FR 49287). 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 October 25, 2017 Federal Register, EPA published both a direct final rule (see 82 FR 49287) and proposed rule (see 82 FR 49302) (FRL– 9962–80) pursuant to section 601 of TSCA that would have updated several of the voluntary consensus standards incorporated by reference at § 770.99 as published on December 12, 2016 (see 81 FR 89674) (FRL–9949–90). These voluntary consensus standards have been updated, withdrawn, or superseded since publication of the original final rule in 2016. Additionally, the direct final rule would have amended testing requirements for demonstration of equivalence and correlation between approved quality control test methods and either the ASTM E1333–14 test chamber, or, upon showing equivalence in accordance with § 770.20(d), the ASTM D6007–14 test chamber under § 770.20(d)(2)(i). Since the direct final rule and proposed rule’s publication, EPA has received a comment on the proposed amendments to the voluntary consensus standard updating action that the Agency considers to be adverse. As a result of receiving an adverse comment, EPA is withdrawing the direct final rule published in the Federal Register on October 25, 2017. All comments are available for review in the public docket. EPA will address the public comments received on this action in a subsequent final rule. 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 ID number EPA–HQ–OPPT–2017–0245. Additional information about the Docket Facility is also provided under ADDRESSES in the October 25, 2017 (82 FR 49287) Federal Register document. If you have questions, consult the PO 00000 Frm 00056 Fmt 4700 Sfmt 4700 technical person listed under FOR FURTHER INFORMATION CONTACT. IV. Good Cause Finding EPA finds that there is ‘‘good cause’’ under the Administrative Procedure Act (5 U.S.C. 553(b)(3)(B)) to withdraw the direct final rule discussed in this document without prior notice and comment. For this document, notice and comment is impracticable and unnecessary because EPA is under a time limit to publish this withdrawal. It was determined that this document is not subject to the 30-day delay of effective date generally required by 5 U.S.C. 553(d) as there is good cause for the withdrawal to be effective immediately. This withdrawal must become effective prior to the effective date of the direct final rule being withdrawn, as EPA explained in the direct final rule itself. 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 October 25, 2017 (82 FR 49287) 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 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 770 Environmental protection, Formaldehyde, Incorporation by reference, Reporting and recordkeeping requirements, Third-party certification, Toxic substances, Wood. E:\FR\FM\08DER1.SGM 08DER1 Federal Register / Vol. 82, No. 235 / Friday, December 8, 2017 / Rules and Regulations Dated: December 5, 2017. E. Scott Pruitt, Administrator. [FR Doc. 2017–26655 Filed 12–7–17; 8:45 am] BILLING CODE 6560–50–P CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD 40 CFR Part 1601 [Agency Docket Number CSB 17–1] Freedom of Information Act Program Chemical Safety and Hazard Investigation Board. ACTION: Final rule. AGENCY: The Chemical Safety and Hazard Investigation Board (CSB) published an interim final Freedom of Information Act (FOIA) rule in the Federal Register on September 29, 2017. This final rule confirms that the interim final rule is adopted as final without change. SUMMARY: DATES: This rule is effective December 8, 2017. Kara Wenzel, Acting General Counsel, 202– 261–7600, or kara.wenzel@csb.gov. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: Executive Summary The CSB published an interim final FOIA rule in the Federal Register on September 29, 2017, 82 FR 45502. As an interim final rule, the rule became effective immediately upon publication in the Federal Register. Nonetheless, the CSB welcomed public comments from interested persons regarding the interim final rule. The due date for comments ended on October 30, 2017. The CSB did not receive any comments on the interim final rule. The CSB has determined that no further revisions are required to the interim final rule. Therefore, the CSB now issues this final rule to confirm that the interim final rule published previously shall be the final CSB FOIA rule. The interim final rule published September 29, 2017, 82 FR 45502, will be codified at 40 CFR part 1601 at the next regular update to the Code of Federal Regulations. sradovich on DSK3GMQ082PROD with RULES Regulatory Procedures Administrative Procedure Act (5 U.S.C. Ch. 5) The CSB’s previous implementation of this rule as an interim final rule, with provision for post-promulgation public comment, was based on section 553(b) of the Administrative Procedure Act. 5 U.S.C. 553(b). Under section 553(b), an VerDate Sep<11>2014 16:24 Dec 07, 2017 Jkt 244001 57875 agency may issue a rule without notice of proposed rulemaking and the prepromulgation opportunity for public comment, with regard to ‘‘interpretative rules, general statements of policy, or rules of agency organization, procedure, or practice.’’ The CSB determined that many of the revisions were to interpretive rules issued by the CSB. Moreover, the CSB determined that the remaining revisions were rules of agency procedure or practice, as they did not change the substantive standards the agency applies in implementing the FOIA. The CSB also concluded that a pre-publication public comment period was unnecessary. The revisions in 40 CFR part 1601 merely implemented statutory changes, aligned the CSB’s regulations with controlling judicial decisions, and clarified agency procedures. information requirement within the meaning of the Act. Unfunded Mandates Reform Act (2 U.S.C. Ch. 25) This rule will not have a significant effect on the human environment. Accordingly, this rule is categorically excluded from environmental analysis under 43 CFR 46.210(i). This rule is not subject to the Unfunded Mandates Reform Act because it does not contain a Federal mandate that may result in the expenditure by state, local, and tribal governments, in the aggregate, or by the private sector, of $100,000,000.00 or more in any one year. Nor will it have a significant or unique effect on small governments. Regulatory Flexibility Act (5 U.S.C. Ch. 6) This rule is not subject to the Regulatory Flexibility Act. The CSB has reviewed this regulation and by approving it certifies that this regulation will not have a significant economic impact on a substantial number of small entities. The rule implements the procedures for processing FOIA requests within the CSB. Under the FOIA, agencies may recover only the direct costs of searching for, reviewing, and duplicating the records processed for the requesters. Thus, fees accessed by CSB will be nominal. Further, the ‘‘small entities’’ that make FOIA requests, as compared with individual and other requesters, are relatively few in number. Paperwork Reduction Act (44 U.S.C. Ch. 35) This rule does not impose reporting or recordkeeping requirements under the Paperwork Reduction Act of 1995. The Paperwork Reduction Act imposes certain requirements on Federal agencies in connection with the conducting or sponsoring of any collection of information. This rule does not contain any new collection of PO 00000 Frm 00057 Fmt 4700 Sfmt 4700 Small Business Regulatory Enforcement Fairness Act of 1996 (5 U.S.C. Ch. 6) This rule is not a major rule as defined by section 251 of the Small Business Regulatory Enforcement Fairness Act of 1996 (as amended), 5 U.S.C. 804. This rule will not result in an annual effect on the economy of $100,000,000.00 or more; a major increase in costs or prices; or significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based enterprises to compete with foreign-based enterprises in domestic and export markets. National Environmental Policy Act of 1969 (5 U.S.C. 804) E-Government Act of 2002 (44 U.S.C. 3504) Section 206 of the E-Government Act requires agencies, to the extent practicable, to ensure that all information about that agency required to be published in the Federal Register is also published on a publicly accessible Web site. All information about the CSB required to be published in the Federal Register may be accessed at http://www.csb.gov/. The EGovernment Act also requires, to the extent practicable, that agencies ensure that a publicly accessible Federal Government Web site contains electronic dockets for rulemakings under the Administrative Procedure Act of 1946 (5 U.S.C. 551 et seq.). Under this Act, an electronic docket consists of all submissions under section 553(c) of title 5, United States Code; and all other materials that by agency rule or practice are included in the rulemaking docket under section 553(c) of title 5, United States Code, whether or not submitted electronically. The Web site http:// www.csb.gov/ will contain an electronic dockets for this rulemaking. Plain Writing Act of 2010 (5 U.S.C. 301) Under this Act, the term ‘‘plain writing’’ means writing that is clear, concise, well-organized, and follows other best practices appropriate to the subject or field and intended audience. To ensure that this rulemaking was written in plain and clear language so that it can be used and understood by the public, the CSB modeled the E:\FR\FM\08DER1.SGM 08DER1

Agencies

[Federal Register Volume 82, Number 235 (Friday, December 8, 2017)]
[Rules and Regulations]
[Pages 57874-57875]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-26655]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 770

[EPA-HQ-OPPT-2017-0245; FRL-9971-38]
RIN 2070-AK36


Voluntary Consensus Standards Update; Formaldehyde Emission 
Standards for Composite Wood Products; Withdrawal of Direct Final Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule; withdrawal.

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

SUMMARY: In the Federal Register of October 25, 2017, EPA published 
both a direct final rule and proposed rule to update the voluntary 
consensus standards that originally published in the Toxics Substances 
Control Act (TSCA) Title VI formaldehyde emission standards for 
composite wood products final rule on December 12, 2016. In addition, 
in the direct final rule and proposed rule the EPA amended the testing 
requirements for panel producers and third-party certifiers 
establishing correlation between approved quality control test methods 
and either the ASTM E1333-14 test chamber, or, upon showing 
equivalence, the ASTM D6007-14 test chamber. As noted in the direct 
final rule, if EPA received adverse comment on the proposed amendments, 
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 adverse comment on 
the proposed rule amendments, 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 December 8, 2017, the direct final rule published in 
the Federal Register of October 25, 2017 (82 FR 49287) (FRL-9962-84), 
is withdrawn.

FOR FURTHER INFORMATION CONTACT: For technical information contact: 
Erik Winchester, National Program Chemicals Division, Office of 
Pollution Prevention and Toxics, Environmental Protection Agency, 1200 
Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number: 
(202) 564-6450; email address: [email protected].
    For general information contact: The TSCA-Hotline, ABVI-Goodwill, 
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202) 
554-1404; email address: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Does this action apply to me?

    A list of potentially affected entities is provided in the Federal 
Register of October 25, 2017 (82 FR 49287). 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 October 25, 2017 Federal Register, EPA published both a 
direct final rule (see 82 FR 49287) and proposed rule (see 82 FR 49302) 
(FRL-9962-80) pursuant to section 601 of TSCA that would have updated 
several of the voluntary consensus standards incorporated by reference 
at Sec.  770.99 as published on December 12, 2016 (see 81 FR 89674) 
(FRL-9949-90). These voluntary consensus standards have been updated, 
withdrawn, or superseded since publication of the original final rule 
in 2016. Additionally, the direct final rule would have amended testing 
requirements for demonstration of equivalence and correlation between 
approved quality control test methods and either the ASTM E1333-14 test 
chamber, or, upon showing equivalence in accordance with Sec.  
770.20(d), the ASTM D6007-14 test chamber under Sec.  770.20(d)(2)(i).
    Since the direct final rule and proposed rule's publication, EPA 
has received a comment on the proposed amendments to the voluntary 
consensus standard updating action that the Agency considers to be 
adverse. As a result of receiving an adverse comment, EPA is 
withdrawing the direct final rule published in the Federal Register on 
October 25, 2017. All comments are available for review in the public 
docket. EPA will address the public comments received on this action in 
a subsequent final rule.

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 ID number EPA-HQ-OPPT-
2017-0245. Additional information about the Docket Facility is also 
provided under ADDRESSES in the October 25, 2017 (82 FR 49287) 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 (5 U.S.C. 553(b)(3)(B)) to withdraw the direct final rule 
discussed in this document without prior notice and comment. For this 
document, notice and comment is impracticable and unnecessary because 
EPA is under a time limit to publish this withdrawal. It was determined 
that this document is not subject to the 30-day delay of effective date 
generally required by 5 U.S.C. 553(d) as there is good cause for the 
withdrawal to be effective immediately. This withdrawal must become 
effective prior to the effective date of the direct final rule being 
withdrawn, as EPA explained in the direct final rule itself.

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 October 25, 2017 (82 FR 
49287) 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 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 770

    Environmental protection, Formaldehyde, Incorporation by reference, 
Reporting and recordkeeping requirements, Third-party certification, 
Toxic substances, Wood.


[[Page 57875]]


    Dated: December 5, 2017.
E. Scott Pruitt,
Administrator.
[FR Doc. 2017-26655 Filed 12-7-17; 8:45 am]
 BILLING CODE 6560-50-P