Electronic Option for Export Notifications Under the Toxic Substances Control Act (TSCA); Notice of Availability, 31502-31504 [2021-12402]
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31502
Federal Register / Vol. 86, No. 112 / Monday, June 14, 2021 / Notices
And by Redelegation Order No. 00–
002.10–04, effective July 8, 2020, the
Assistant Secretary for Electricity
further redelegated the authority to
confirm, approve, and place such rates
into effect on an interim basis to the
Administrator, Southwestern Power
Administration. This redelegation order,
despite predating the February 2021 and
March 2021 redelegations, remains
valid. By these delegations, and in
accordance with 10 CFR 903.22(h) and
10 CFR 903.23(a), as amended (84 FR
5347, 5350 (Feb. 21, 2019)),
Southwestern’s Administrator may
approve and extend, on an interim
basis, rates previously confirmed and
approved by FERC beyond the period
specified by FERC.
Environmental Impact
Southwestern previously determined
that the rate change actions, placed into
effect on October 1, 2013 for the
Integrated System and on January 1,
2016 for Sam Rayburn Dam and Robert
D. Willis, fit within the class of
categorically excluded actions as listed
in Appendix B to Subpart D of 10 CFR
part 1021, DOE’s Implementing
Procedures and Guidelines of the
National Environmental Policy Act of
1969, as amended (42 U.S.C. 4321–
4347): Categorical exclusions applicable
to B4.3: Electric power marketing rate
changes, which does not require
preparation of either an environmental
impact statement (EIS) or an
environmental assessment (EA). On May
27, 2021, Southwestern determined that
categorical exclusion B4.3 applies to the
current action.
lotter on DSK11XQN23PROD with NOTICES1
Determination Under Executive Order
12866
Southwestern has an exemption from
centralized regulatory review under
Executive Order 12866; accordingly, no
clearance of this notice by the Office of
Management and Budget is required.
Signing Authority
This document of the Department of
Energy was signed on June 4, 2021, by
Mike Wech, Administrator for
Southwestern Power Administration,
pursuant to delegated authority from the
Secretary of Energy. That document,
with the original signature and date, is
maintained by DOE. For administrative
purposes only, and in compliance with
requirements of the Office of the Federal
Register, the undersigned DOE Federal
Register Liaison Officer has been
authorized to sign and submit the
document in electronic format for
publication, as an official document of
DOE. This administrative process in no
way alters the legal effect of this
VerDate Sep<11>2014
17:26 Jun 11, 2021
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document upon publication in the
Federal Register.
Signed in Washington, DC, on June 9,
2021.
Treena V. Garrett,
Federal Register Liaison Officer, U.S.
Department of Energy.
[FR Doc. 2021–12425 Filed 6–11–21; 8:45 am]
BILLING CODE 6450–01–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OPPT–2021–0286; FRL–10023–
61]
Electronic Option for Export
Notifications Under the Toxic
Substances Control Act (TSCA); Notice
of Availability
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
EPA is announcing the
availability of an electronic option for
submitting the export notifications that
are required under the Toxic Substances
Control Act (TSCA). As an alternative to
the hardcopy approach, which is still
available, EPA is also now accepting the
required export notifications
electronically using EPA’s electronic
document submission system, the
Central Data Exchange (CDX). Use of
CDX to prepare and submit the required
export notifications to EPA will help
streamline and reduce the
administrative costs and burdens
associated with submitting paper-based
export notifications for both the
submitters and the Agency.
DATES: TSCA export notifications may
be submitted electronically using CDX
as of June 14, 2021.
ADDRESSES: The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2021–0286, is
available online at https://
www.regulations.gov or in-person at the
Office of Pollution Prevention and
Toxics Docket (OPPT Docket),
Environmental Protection Agency
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 note
that due to the public health concerns
related to COVID–19, the EPA/DC and
Reading Room is closed to visitors with
limited exceptions. The staff continues
SUMMARY:
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to provide remote customer service via
email, phone, and webform. For the
latest status information on the EPA/DC
and docket access, visit https://
www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT: For
technical information contact: Jeffrey
Santacroce, Office of Pollution
Prevention and Toxics, Environmental
Protection Agency, 1200 Pennsylvania
Ave. NW, Washington, DC 20460–0001:
telephone number: (202) 564–2818;
email address: santacroce.jeffrey@
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. General Information
A. Does this action apply to me?
You may be potentially affected by
this action if you manufacture, process,
import, or distribute in commerce
chemical substances and mixtures. The
following 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.
Potentially affected entities may
include, but are not limited to exporters
of chemical substances, which are
mostly chemical companies classified
under NAICS Codes 325 and 324.
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.
B. What action is the Agency taking?
The Agency is announcing the
availability of an electronic reporting
option for use by those who must
submit notifications of export under
TSCA section 12(b). EPA is providing an
electronic reporting option as part of
broader Federal government efforts to
move to modern, electronic methods of
information collection, which
streamline processes and reduce overall
burdens for all involved.
Currently, TSCA section 12(b) export
notifications can only be submitted to
the Agency in hardcopy, by mail or in
person, requiring the Agency to
manually scan and process submissions.
The modernization of the TSCA section
12(b) export notification process will
allow the option for users to prepare
and submit their notifications to the
Agency electronically using a web-based
application. To file electronically,
submitters must use the EPA provided
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Federal Register / Vol. 86, No. 112 / Monday, June 14, 2021 / Notices
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application. To access the application,
users must register with EPA’s Central
Data Exchange (CDX). CDX is the
Agency’s portal for submitting
information to EPA in a secure manner.
When registering, a user will need to
ensure they are registering for the
Chemical Safety and Pesticide Programs
(CSPP) data flow which will provide
them access to the Chemical
Information Submission System (CISS)
where the TSCA section 12(b) reporting
application can be accessed. (Note:
Users who have previously registered
with CDX are able to add ‘‘Submission
for Chemical Safety and Pesticide
Program (CSPP)’’ to their current
registration.) This reporting tool is
compatible with Windows, Mac, Linux,
and UNIX based computers, and uses
‘‘Extensible Markup Language’’ (XML)
specifications for efficient data
transmission across the internet.
C. What is the Agency’s authority for
taking this action?
TSCA section 12(b) requires exporters
to submit a notice to EPA for each
country to which a chemical subject to
TSCA section 12(b) requirements is
exported. Specifically, TSCA section
12(b) states, in part, that any person
who exports or intends to export to a
foreign country a chemical substance or
mixture for which submission of
information is required under TSCA
section 4 or 5(b), or for which a rule,
action or order has been proposed or
promulgated under TSCA section 5, 6,
or 7, shall notify the EPA Administrator
of such export or intent to export. The
Administrator in turn will notify the
government of the importing country of
the notice and of EPA’s regulatory
action with respect to the substance.
Regulations implementing the statutory
mandate in TSCA section 12(b) appear
in 40 CFR part 707, subpart D, and
include the following additional
provisions:
• No notice of export will be required
for articles, except polychlorinated
biphenyl (PCB) articles, unless the
Agency so requires in the context of
individual TSCA section 5, 6, or 7
actions.
• Any person who exports or intends
to export PCBs or PCB articles, for any
purpose other than disposal, shall notify
EPA of such intent or exportation under
TSCA section 12(b). PCBs and PCB
articles are defined at 40 CFR 761.3
• Any person who would be
prohibited by a TSCA section 5 or 6
regulation from exporting a chemical
substance or mixture, but who is
granted an exemption by EPA to export
that chemical substance or mixture,
shall notify EPA under TSCA section
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17:26 Jun 11, 2021
Jkt 253001
12(b) of such intent to export or
exportation.
• An exporter will be subject to
possible enforcement action (including
penalties) for not complying with the
applicable provisions of TSCA section
12(b).
The Government Paperwork
Elimination Act (GPEA) (Pub. L. 105–
277, Title XVII) (44 U.S.C. 3504)
requires Executive agencies to provide,
when practicable, for the option of the
electronic maintenance, submission, or
disclosure of information as a substitute
for paper; and the use and acceptance of
electronic signatures.
D. What are the anticipated benefits of
CDX reporting and use of CISS?
EPA encourages submitters of TSCA
section 12(b) export notifications to
adopt electronic reporting as the
preferred submission method.
Electronic reporting reduces the
reporting burden for submitters by
reducing the cost and time required to
review, edit, and transmit data to the
Agency in a hardcopy format, as well as
the cost to retain required records
related to that submission. CISS, the
web-based reporting tool, enables
efficient data transmittal and reduces
errors with built-in validation
procedures. CISS also allows submitters
to share a draft submission within their
organization, and more easily save an
electronic copy for their records or
future use. The resource and time
requirements for EPA to review and
process these export notifications will
also be reduced, including increased
efficiencies in communicating with
submitters, as well as the storage and
retrieval of submission.
II. Electronic Reporting Procedures
This unit provides an overview of
CDX, CSPP, and the CISS web-based
reporting tool. It also provides
instructions for the electronic reporting
process for TSCA section 12(b) export
notifications. As a reminder, the
regulations implementing the statutory
mandate in TSCA section 12(b) appear
in 40 CFR part 707, subpart D.
A. What is CDX?
CDX is EPA’s point of entry for
environmental data submissions to the
Agency. CDX also provides the
capability for submitters to access their
data using web services. CDX enables
EPA to work with stakeholders,
including governments, regulated
industries, and the public to enable
streamlined, electronic submission of
data via the internet. To report under
the procedures discussed in this notice,
submitters would register with CDX,
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31503
select the CSPP option, and use CISS to
access reporting of TSCA section 12(b)
export notifications. More information
about CDX is available online at: https://
www.epa.gov/cdx/.
B. What is CISS?
CISS is a web-based reporting tool for
the submission of forms, reports, and
other documents including TSCA
section 12(b) export notifications,
electronically to the Agency. The tool is
available for use with Windows, Mac,
Linux, and UNIX computer systems,
using ‘‘Extensible Markup Language’’
(XML) specifications for efficient data
transmission across the internet. CISS
provides user-friendly navigation, works
with CDX to secure online
communication, creates a completed
Portable Document Format (PDF) for
review prior to submission, and enables
data, reports, and other information to
be submitted easily as PDF attachments,
or by other electronic standards, such as
XML. As currently implemented, one or
more representatives from each facility
must establish an account with EPA’s
CDX to prepare, transmit, certify, and
submit forms, reports, and other
documents.
C. How will TSCA section 12(b) export
notifications be submitted via the
internet using CDX?
Once registered with EPA’s CDX,
submitters of TSCA section 12(b) export
notifications will select the CSPP
Program and use CISS to prepare a data
file for submission.
1. Registering with CDX. To submit
electronically to EPA via CDX, a user
would register with CDX at: https://
cdx.epa.gov/epa_home.asp. CDX
registration enables EPA to authenticate
user identities and verify user
authorizations.
To register in CDX, the CDX registrant
(also referred to as ‘‘Electronic Signature
Holder’’ or ‘‘Public/Private Key
Holder’’) would agree to the Terms and
Conditions, provide information about
the user and organization, select a username and password, and follow the
procedures outlined in the guidance
document for CDX available online at:
https://www.epa.gov/cdr/tools/CDX_
Registration_Guide_v0_02.pdf.
2. Submission. Submitters choosing to
submit electronically will use CISS to
prepare their submissions. CISS guides
users through a ‘‘hands-on’’ process of
creating an electronic submission. Once
a user completes the relevant data fields
and attaches appropriate PDF files or
other file types, such as XML files, the
web-based tool validates the submission
by performing a basic error check and
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Federal Register / Vol. 86, No. 112 / Monday, June 14, 2021 / Notices
makes sure all the required fields and
attachments are provided and complete.
Further instructions on submitting
information and instructions for
uploading PDF attachments or other file
types, such as XML will be available
through CISS reporting guidance
available online at: https://
www.epa.gov/tsca-import-exportrequirements/tsca-requirementsexporting-chemicals.
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D. Can CBI be submitted using CISS?
Yes, CISS enables the user to submit
CBI and substantiate that CBI claim in
an electronic format. All information
sent by the user via CDX is transmitted
securely to protect CBI. CISS also guides
the user through the process of
submitting CBI by prompting the user to
check a CBI checkbox if using a form or
by submitting a scanned document
containing CBI by bracketing,
underlining, or otherwise marking the
confidential information on the
document prior to scanning. As with
paper-based submissions, a sanitized
copy of any document containing CBI
would be included by the user in the
electronic submission. The CISS
reporting guidance instructs users on
how to submit CBI and substantiate CBI
claims information using CISS.
E. How will CBI be protected when
submitting via CDX?
The Agency ensures secure
transmission of the data, reports, and
other documents sent from the user
through the internet via the Transport
Layer Security (TLS) 1.0 protocol. TLS
1.0 is a widely used approach for
securing internet transactions and is
endorsed by the National Institute of
Standards and Technology (NIST) as a
means for protecting data sent over the
internet. See NIST Special Publication
800–52, ‘‘Guidelines for the Selection
and Use of Transport Layer Security
(TLS) Implementations,’’ available
online at: https://csrc.nist.gov/
publications/nistpubs/800-52/SP80052.pdf.
In addition, CISS enables the
submitter to electronically sign, encrypt,
and transmit submissions, which the
Agency subsequently provides back to
the user as an unaltered copy of record.
This assures the user that the Agency
has received exactly what the user sent
to the Agency. CISS encrypts using a
module based on the 256-bit Advanced
Encryption Standard (AES) adopted by
NIST. Details about AES can be found
on the NIST website at: https://
csrc.nist.gov/publications/fips/fips197/
fips-197.pdf. EPA may incorporate other
encryption modules into future versions
of CISS. Information submitted via CDX
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17:26 Jun 11, 2021
Jkt 253001
is processed within EPA by secure
systems certified for compliance with
Federal Information Processing
Standards (FIPS) that are available
online at: https://www.nist.gov/itl/
fips.cfm.
III. Paperwork Reduction Act (PRA)
According to PRA, 44 U.S.C. 3501 et
seq., an agency may not conduct or
sponsor, and a person is not required to
respond to a collection of information
that requires OMB approval under the
PRA, unless it has been approved by
OMB and displays a currently valid
OMB control number. The OMB control
numbers for EPA’s regulations in title 40
of the CFR, after appearing in the
Federal Register, are listed in 40 CFR
part 9, and included on the related
collection instrument or form, if
applicable.
The information collection
requirements associated with export
notifications under TSCA section 12(b)
and contained in 40 CFR part 707,
subpart D are approved by OMB
pursuant to the PRA under OMB
Control No. 2070–0030 (EPA ICR No.
0795.16) on May 18, 2021. This action
does not impose any burden requiring
additional OMB approval. The annual
paperwork burden per export
notification is estimated to average 19
hours for hardcopy submissions and 12
hours for electronic submissions. This
burden estimate includes the time
needed to review instructions, search
existing data sources, gather and
maintain the data needed, and
complete, review, and submit the
required export notification to EPA. For
additional details, please see the
Information Collection Request
document that is available in the docket.
Send any comments about the
accuracy of the burden estimate, and
any suggested methods for further
minimizing respondent burden,
including through the use of automated
collection techniques, to the Director,
Regulatory Support Division, Office of
Mission Support (2822T),
Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC
20460–0001. Please remember to
include the OMB control number in any
correspondence, but do not submit any
export notifications or related questions
to this address.
(Authority: 15 U.S.C. 2601 et seq.)
Dated: June 8, 2021.
Michal Freedhoff,
Principal Deputy Assistant Administrator,
Office of Chemical Safety and Pollution
Prevention.
[FR Doc. 2021–12402 Filed 6–11–21; 8:45 am]
BILLING CODE 6560–50–P
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GENERAL SERVICES
ADMINISTRATION
[Notice–PCSCOTUS–2021–01; Docket No.
PCSCOTUS–2021–0001; Sequence No. 2]
Office of Asset and Transportation
Management; Presidential Commission
on the Supreme Court of the United
States; Notification of Upcoming
Public Virtual Meeting and Request for
Public Comment
Office of Government-wide
Policy, General Services Administration
(GSA).
ACTION: Request for public comment;
meeting notice.
AGENCY:
GSA is accepting written
public comments on the work of the
Presidential Commission on the
Supreme Court of the United States
(Commission). Further, GSA is
providing notice of an open public
virtual meeting of the Commission in
accordance with the requirements of the
Federal Advisory Committee Act. For
information on the topics discussed,
please see the SUPPLEMENTARY
INFORMATION section of this notice. This
meeting is open to the public and will
be live-streamed at
www.whitehouse.gov/pcscotus/.
Information about the public meeting
will be posted at www.whitehouse.gov/
pcscotus/ prior to the meeting.
DATES: The Commission will hold a
public virtual meeting on June 30, 2021
from 9:00 a.m. to 5:00 p.m., Eastern
Standard Time (EST). Written
comments on the Commission will be
accepted until November 15, 2021.
ADDRESSES: This meeting will be
conducted virtually on the internet.
Interested individuals must register to
attend as instructed below.
SUMMARY:
Procedures for Attendance and Public
Comment
Attendance. This meeting is open to
the public and the Commission
encourages the public’s attendance. To
attend this public virtual meeting,
please send an email with the Subject:
Registration. In the body of the email,
provide your full name, organization (if
applicable), email address, and phone
number to the Designated Federal
Officer, at info@pcscotus.gov.
Registration requests must be received
by 5:00 p.m. ET, on June 28, 2021.
Registrations received after this day/
time may not be processed.
Public Comments. Written public
comments are being accepted via https://
www.regulations.gov, the Federal
eRulemaking portal throughout the life
of the Commission. To submit a written
E:\FR\FM\14JNN1.SGM
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Agencies
[Federal Register Volume 86, Number 112 (Monday, June 14, 2021)]
[Notices]
[Pages 31502-31504]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-12402]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPPT-2021-0286; FRL-10023-61]
Electronic Option for Export Notifications Under the Toxic
Substances Control Act (TSCA); Notice of Availability
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: EPA is announcing the availability of an electronic option for
submitting the export notifications that are required under the Toxic
Substances Control Act (TSCA). As an alternative to the hardcopy
approach, which is still available, EPA is also now accepting the
required export notifications electronically using EPA's electronic
document submission system, the Central Data Exchange (CDX). Use of CDX
to prepare and submit the required export notifications to EPA will
help streamline and reduce the administrative costs and burdens
associated with submitting paper-based export notifications for both
the submitters and the Agency.
DATES: TSCA export notifications may be submitted electronically using
CDX as of June 14, 2021.
ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPP-2021-0286, is available online at
https://www.regulations.gov or in-person at the Office of Pollution
Prevention and Toxics Docket (OPPT Docket), Environmental Protection
Agency 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 note that due to the public health concerns
related to COVID-19, the EPA/DC and Reading Room is closed to visitors
with limited exceptions. The staff continues to provide remote customer
service via email, phone, and webform. For the latest status
information on the EPA/DC and docket access, visit https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT: For technical information contact:
Jeffrey Santacroce, Office of Pollution Prevention and Toxics,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington,
DC 20460-0001: telephone number: (202) 564-2818; 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. General Information
A. Does this action apply to me?
You may be potentially affected by this action if you manufacture,
process, import, or distribute in commerce chemical substances and
mixtures. The following 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.
Potentially affected entities may include, but are not limited to
exporters of chemical substances, which are mostly chemical companies
classified under NAICS Codes 325 and 324.
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.
B. What action is the Agency taking?
The Agency is announcing the availability of an electronic
reporting option for use by those who must submit notifications of
export under TSCA section 12(b). EPA is providing an electronic
reporting option as part of broader Federal government efforts to move
to modern, electronic methods of information collection, which
streamline processes and reduce overall burdens for all involved.
Currently, TSCA section 12(b) export notifications can only be
submitted to the Agency in hardcopy, by mail or in person, requiring
the Agency to manually scan and process submissions. The modernization
of the TSCA section 12(b) export notification process will allow the
option for users to prepare and submit their notifications to the
Agency electronically using a web-based application. To file
electronically, submitters must use the EPA provided
[[Page 31503]]
application. To access the application, users must register with EPA's
Central Data Exchange (CDX). CDX is the Agency's portal for submitting
information to EPA in a secure manner. When registering, a user will
need to ensure they are registering for the Chemical Safety and
Pesticide Programs (CSPP) data flow which will provide them access to
the Chemical Information Submission System (CISS) where the TSCA
section 12(b) reporting application can be accessed. (Note: Users who
have previously registered with CDX are able to add ``Submission for
Chemical Safety and Pesticide Program (CSPP)'' to their current
registration.) This reporting tool is compatible with Windows, Mac,
Linux, and UNIX based computers, and uses ``Extensible Markup
Language'' (XML) specifications for efficient data transmission across
the internet.
C. What is the Agency's authority for taking this action?
TSCA section 12(b) requires exporters to submit a notice to EPA for
each country to which a chemical subject to TSCA section 12(b)
requirements is exported. Specifically, TSCA section 12(b) states, in
part, that any person who exports or intends to export to a foreign
country a chemical substance or mixture for which submission of
information is required under TSCA section 4 or 5(b), or for which a
rule, action or order has been proposed or promulgated under TSCA
section 5, 6, or 7, shall notify the EPA Administrator of such export
or intent to export. The Administrator in turn will notify the
government of the importing country of the notice and of EPA's
regulatory action with respect to the substance. Regulations
implementing the statutory mandate in TSCA section 12(b) appear in 40
CFR part 707, subpart D, and include the following additional
provisions:
No notice of export will be required for articles, except
polychlorinated biphenyl (PCB) articles, unless the Agency so requires
in the context of individual TSCA section 5, 6, or 7 actions.
Any person who exports or intends to export PCBs or PCB
articles, for any purpose other than disposal, shall notify EPA of such
intent or exportation under TSCA section 12(b). PCBs and PCB articles
are defined at 40 CFR 761.3
Any person who would be prohibited by a TSCA section 5 or
6 regulation from exporting a chemical substance or mixture, but who is
granted an exemption by EPA to export that chemical substance or
mixture, shall notify EPA under TSCA section 12(b) of such intent to
export or exportation.
An exporter will be subject to possible enforcement action
(including penalties) for not complying with the applicable provisions
of TSCA section 12(b).
The Government Paperwork Elimination Act (GPEA) (Pub. L. 105-277,
Title XVII) (44 U.S.C. 3504) requires Executive agencies to provide,
when practicable, for the option of the electronic maintenance,
submission, or disclosure of information as a substitute for paper; and
the use and acceptance of electronic signatures.
D. What are the anticipated benefits of CDX reporting and use of CISS?
EPA encourages submitters of TSCA section 12(b) export
notifications to adopt electronic reporting as the preferred submission
method. Electronic reporting reduces the reporting burden for
submitters by reducing the cost and time required to review, edit, and
transmit data to the Agency in a hardcopy format, as well as the cost
to retain required records related to that submission. CISS, the web-
based reporting tool, enables efficient data transmittal and reduces
errors with built-in validation procedures. CISS also allows submitters
to share a draft submission within their organization, and more easily
save an electronic copy for their records or future use. The resource
and time requirements for EPA to review and process these export
notifications will also be reduced, including increased efficiencies in
communicating with submitters, as well as the storage and retrieval of
submission.
II. Electronic Reporting Procedures
This unit provides an overview of CDX, CSPP, and the CISS web-based
reporting tool. It also provides instructions for the electronic
reporting process for TSCA section 12(b) export notifications. As a
reminder, the regulations implementing the statutory mandate in TSCA
section 12(b) appear in 40 CFR part 707, subpart D.
A. What is CDX?
CDX is EPA's point of entry for environmental data submissions to
the Agency. CDX also provides the capability for submitters to access
their data using web services. CDX enables EPA to work with
stakeholders, including governments, regulated industries, and the
public to enable streamlined, electronic submission of data via the
internet. To report under the procedures discussed in this notice,
submitters would register with CDX, select the CSPP option, and use
CISS to access reporting of TSCA section 12(b) export notifications.
More information about CDX is available online at: https://www.epa.gov/cdx/.
B. What is CISS?
CISS is a web-based reporting tool for the submission of forms,
reports, and other documents including TSCA section 12(b) export
notifications, electronically to the Agency. The tool is available for
use with Windows, Mac, Linux, and UNIX computer systems, using
``Extensible Markup Language'' (XML) specifications for efficient data
transmission across the internet. CISS provides user-friendly
navigation, works with CDX to secure online communication, creates a
completed Portable Document Format (PDF) for review prior to
submission, and enables data, reports, and other information to be
submitted easily as PDF attachments, or by other electronic standards,
such as XML. As currently implemented, one or more representatives from
each facility must establish an account with EPA's CDX to prepare,
transmit, certify, and submit forms, reports, and other documents.
C. How will TSCA section 12(b) export notifications be submitted via
the internet using CDX?
Once registered with EPA's CDX, submitters of TSCA section 12(b)
export notifications will select the CSPP Program and use CISS to
prepare a data file for submission.
1. Registering with CDX. To submit electronically to EPA via CDX, a
user would register with CDX at: https://cdx.epa.gov/epa_home.asp. CDX
registration enables EPA to authenticate user identities and verify
user authorizations.
To register in CDX, the CDX registrant (also referred to as
``Electronic Signature Holder'' or ``Public/Private Key Holder'') would
agree to the Terms and Conditions, provide information about the user
and organization, select a user-name and password, and follow the
procedures outlined in the guidance document for CDX available online
at: https://www.epa.gov/cdr/tools/CDX_Registration_Guide_v0_02.pdf.
2. Submission. Submitters choosing to submit electronically will
use CISS to prepare their submissions. CISS guides users through a
``hands-on'' process of creating an electronic submission. Once a user
completes the relevant data fields and attaches appropriate PDF files
or other file types, such as XML files, the web-based tool validates
the submission by performing a basic error check and
[[Page 31504]]
makes sure all the required fields and attachments are provided and
complete.
Further instructions on submitting information and instructions for
uploading PDF attachments or other file types, such as XML will be
available through CISS reporting guidance available online at: https://www.epa.gov/tsca-import-export-requirements/tsca-requirements-exporting-chemicals.
D. Can CBI be submitted using CISS?
Yes, CISS enables the user to submit CBI and substantiate that CBI
claim in an electronic format. All information sent by the user via CDX
is transmitted securely to protect CBI. CISS also guides the user
through the process of submitting CBI by prompting the user to check a
CBI checkbox if using a form or by submitting a scanned document
containing CBI by bracketing, underlining, or otherwise marking the
confidential information on the document prior to scanning. As with
paper-based submissions, a sanitized copy of any document containing
CBI would be included by the user in the electronic submission. The
CISS reporting guidance instructs users on how to submit CBI and
substantiate CBI claims information using CISS.
E. How will CBI be protected when submitting via CDX?
The Agency ensures secure transmission of the data, reports, and
other documents sent from the user through the internet via the
Transport Layer Security (TLS) 1.0 protocol. TLS 1.0 is a widely used
approach for securing internet transactions and is endorsed by the
National Institute of Standards and Technology (NIST) as a means for
protecting data sent over the internet. See NIST Special Publication
800-52, ``Guidelines for the Selection and Use of Transport Layer
Security (TLS) Implementations,'' available online at: https://csrc.nist.gov/publications/nistpubs/800-52/SP800-52.pdf.
In addition, CISS enables the submitter to electronically sign,
encrypt, and transmit submissions, which the Agency subsequently
provides back to the user as an unaltered copy of record. This assures
the user that the Agency has received exactly what the user sent to the
Agency. CISS encrypts using a module based on the 256-bit Advanced
Encryption Standard (AES) adopted by NIST. Details about AES can be
found on the NIST website at: https://csrc.nist.gov/publications/fips/fips197/fips-197.pdf. EPA may incorporate other encryption modules into
future versions of CISS. Information submitted via CDX is processed
within EPA by secure systems certified for compliance with Federal
Information Processing Standards (FIPS) that are available online at:
https://www.nist.gov/itl/fips.cfm.
III. Paperwork Reduction Act (PRA)
According to PRA, 44 U.S.C. 3501 et seq., an agency may not conduct
or sponsor, and a person is not required to respond to a collection of
information that requires OMB approval under the PRA, unless it has
been approved by OMB and displays a currently valid OMB control number.
The OMB control numbers for EPA's regulations in title 40 of the CFR,
after appearing in the Federal Register, are listed in 40 CFR part 9,
and included on the related collection instrument or form, if
applicable.
The information collection requirements associated with export
notifications under TSCA section 12(b) and contained in 40 CFR part
707, subpart D are approved by OMB pursuant to the PRA under OMB
Control No. 2070-0030 (EPA ICR No. 0795.16) on May 18, 2021. This
action does not impose any burden requiring additional OMB approval.
The annual paperwork burden per export notification is estimated to
average 19 hours for hardcopy submissions and 12 hours for electronic
submissions. This burden estimate includes the time needed to review
instructions, search existing data sources, gather and maintain the
data needed, and complete, review, and submit the required export
notification to EPA. For additional details, please see the Information
Collection Request document that is available in the docket.
Send any comments about the accuracy of the burden estimate, and
any suggested methods for further minimizing respondent burden,
including through the use of automated collection techniques, to the
Director, Regulatory Support Division, Office of Mission Support
(2822T), Environmental Protection Agency, 1200 Pennsylvania Ave. NW,
Washington, DC 20460-0001. Please remember to include the OMB control
number in any correspondence, but do not submit any export
notifications or related questions to this address.
(Authority: 15 U.S.C. 2601 et seq.)
Dated: June 8, 2021.
Michal Freedhoff,
Principal Deputy Assistant Administrator, Office of Chemical Safety and
Pollution Prevention.
[FR Doc. 2021-12402 Filed 6-11-21; 8:45 am]
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