Toxic Substances Control Act (TSCA) Requirements for Polymer Exemption Reports and Accompanying Claims; Extension of the Reporting Deadline for 2024, 12248-12250 [2024-03064]

Download as PDF 12248 Federal Register / Vol. 89, No. 33 / Friday, February 16, 2024 / Rules and Regulations 3 CFR, 1991 Comp., p. 351; E.O. 12580, 52 FR 2923, 3 CFR, 1987 Comp., p. 193. a. Revising the entry for ‘‘NJ’’, ‘‘Universal Oil Products (Chemical Division’’, ‘‘East Rutherford’’. The revisions read as follows: Appendix B to Part 300—National Priorities List ■ 2. In Appendix B to part 300, amend Table 1 by: ■ TABLE 1—GENERAL SUPERFUND SECTION State Site name City/county * NJ ..................... * * * Universal Oil Products (Chemical Division) .......................................... * * East Rutherford ............................. * * * * * * Notes (a) * P. * * P = Sites with partial deletion(s). Table 2—[Amended] 3. In Appendix B to part 300, amend Table 2 by: ■ a. Removing the entry for ‘‘ME’’, ‘‘Portsmouth Naval Shipyard’’, ‘‘Kittery’’. ■ [FR Doc. 2024–03003 Filed 2–15–24; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 723 [EPA–HQ–OPPT–2021–0419; FRL–11729– 01–OCSPP] RIN 2070–AK68 Toxic Substances Control Act (TSCA) Requirements for Polymer Exemption Reports and Accompanying Claims; Extension of the Reporting Deadline for 2024 Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: The Environmental Protection Agency (EPA) is amending the Toxic Substances Control Act (TSCA) regulations for polymers manufactured under the terms of the polymer exemption by extending the submission deadline for reporting. The regulations require that manufacturers (includes importers) of polymers manufactured under the terms of the exemption submit a report of manufacture or import by January 31 of the year subsequent to initial manufacture. On June 7, 2023, EPA amended the exemption reporting requirement to require that the exemption report and accompanying confidentiality claims be submitted electronically. Because EPA experienced technical difficulties with the launch of the new electronic reporting tool, EPA is extending the reporting period for 2024 from January 31 to March 31 to allow manufacturers lotter on DSK11XQN23PROD with RULES1 SUMMARY: VerDate Sep<11>2014 16:07 Feb 15, 2024 Jkt 262001 additional time to submit their reports and accompanying claims to EPA using the electronic reporting tool. DATES: This final rule is effective on February 16, 2024. ADDRESSES: The docket for this action, identified by docket identification (ID) number EPA–HQ–OPPT–2021–0419, is available online at https:// www.regulations.gov. Additional information about dockets generally, along with instructions for visiting the docket in-person, is available at https:// www.epa.gov/dockets. FOR FURTHER INFORMATION CONTACT: For technical information contact: Loraine Passe, New Chemicals Division (7405M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460–0001; telephone number: (202) 564–9064; email address: passe.loraine@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. Executive Summary A. Does this action apply to me? You may be potentially affected by this action if you were a manufacturer or importer of a polymer under the terms of the polymer exemption in 2023. The following list of North American Industrial Classification System (NAICS) codes is not intended to be exhaustive but rather provides a guide to help readers determine whether this document applies to them. Potentially affected entities may include: • Chemical Manufacturers (NAICS code 325). • Petroleum and Coal Products (NAICS code 324). • Merchant Wholesalers, Nondurable Goods (NAICS code 424). PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 This list details the types of entities that EPA is aware could potentially be regulated by this action. Other types of entities not listed could also be regulated. To determine whether your entity is regulated by this action, you should carefully examine the applicability criteria found in 40 CFR 723.250. If you have questions regarding the applicability of this action, please consult the technical person listed under FOR FURTHER INFORMATION CONTACT. B. What is the Agency’s authority for taking this action? EPA is promulgating this rule pursuant to its authority in TSCA section 5 (15 U.S.C. 2604). In addition, section 553(b)(B) of the Administrative Procedure Act (APA), 5 U.S.C. 553(b)(B), provides that an agency may issue a final rule without a prior proposal if it finds for good cause that notice and public procedure are impracticable, unnecessary, or contrary to the public interest. C. What action is the Agency taking? EPA is extending the reporting deadline for polymer exemption reports under 40 CFR 723.250 for this year for exemption reports and accompanying claims from January 31 to March 31. EPA believes this extension will provide reporters with sufficient time to submit information using the electronic reporting tool and for EPA to fix any unanticipated glitches that may arise with the use of the new tool. D. Why is this issued as a final rule? Pursuant to section 553(b)(B) of the APA (5 U.S.C. 553(b)(B)), EPA has determined that there is good cause for extending the reporting deadline for 2024 without prior proposal and opportunity for comment. EPA encountered technical issues when launching a new polymer exemption electronic reporting tool and the time to fix those issues took longer than E:\FR\FM\16FER1.SGM 16FER1 lotter on DSK11XQN23PROD with RULES1 Federal Register / Vol. 89, No. 33 / Friday, February 16, 2024 / Rules and Regulations expected. As a result, it was not possible for manufacturers to submit their required reports and accompanying claims electronically until January 29, 2024, three business days before the January 31st regulatory due date for 2024. EPA determines that there is good cause to take this action without a prior proposal because it would be contrary to the public interest to retain the deadline of January 31 for the 2024 reports, where EPA’s electronic systems were not ready and available for use by regulated entities to allow them to comply with the electronic reporting requirements of the rule before the submission deadline of January 31, 2024. Moreover, EPA previously provided notice that if technical issues with electronic reporting of polymer exemption reports occurred, it would make appropriate accommodations such as extending reporting deadlines. The issue was discussed in the preamble to the final rule establishing the electronic reporting deadline in question (88 FR 37155, June 7, 2023 (FRL–8223–02– OCSPP)), which became effective on August 7, 2023, and required the use of a new electronic reporting tool for submitting annual polymer exemption reports and accompanying claims. That rule amended the regulations in 40 CFR 723.250(f) to state, ‘‘. . . The report and accompanying claims must be submitted via CDX (https://cdx.epa.gov/ ), using the TSCA Section 5 Notices and Supports—ePMN application.’’ In that rule, EPA responded to several commenters that expressed concern over reliance on electronic reporting, citing past incidences of technical difficulties with providing electronic submissions via CDX. Specifically, EPA responded in that final rule that it did not expect issues with electronic reporting of polymer exemption reports, but if such issues did occur the Agency would continue its practice of promptly addressing problems and, ‘‘. . . making appropriate accommodations (such as extending reporting deadlines)’’ (88 FR 37155, June 7, 2023 (FRL–8223–02– OCSPP)). EPA did not anticipate the technical issues it had with launching the tool and expected the new reporting tool to be fully functional well ahead of the January 31st reporting deadline. Unfortunately, the tool only became functional three business days before the January 31, 2024, deadline. As EPA had already acknowledged that it could extend reporting deadlines if technical issues with the reporting tool arose, providing further notice and public procedure would serve no purpose and is unnecessary. VerDate Sep<11>2014 16:07 Feb 15, 2024 Jkt 262001 APA section 553(d) (5 U.S.C. 553(d)), in turn, allows an agency to 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 to codify the extension to the 2024 reporting deadline effective upon publication in the Federal Register. Extending the reporting deadline for 2024 is beneficial to regulated entities that need to comply with the regulations because it provides them with more time to complete the submission using the new electronic reporting tool. This final rule has no adverse impact and does not otherwise alter the reporting and recordkeeping requirements contained in the rule. II. Statutory and Executive Order Reviews Additional information about these statutes and Executive orders can be found at https://www.epa.gov/lawsregulations/laws-and-executiveorders#influence. A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review This action is not a significant regulatory action and was therefore not submitted to the Office of Management and Budget (OMB) for review under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011). B. Paperwork Reduction Act (PRA) This action does not contain any new information collection burden under the PRA, 44 U.S.C. 3501 et seq. OMB has previously approved the information collection activities contained in the existing new chemical regulations under OMB Control No. 2070–0038 (EPA ICR No. 1188.14), which was updated with the CBI revisions and electronic submission approved under OMB Control No. 2070–0223 (EPA ICR No. 2707.02). This action only delays the reporting deadline for 2024 and does not otherwise change any of the information collection activities. C. Regulatory Flexibility Act (RFA) This action is not subject to the 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 final rule action is not subject to notice and comment requirements under the APA because the Agency has invoked the APA ‘‘good cause’’ exemption. PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 12249 D. Unfunded Mandates Reform Act (UMRA) This action does not impose any enforceable duty or contain any unfunded mandate as described under Title II of UMRA, 2 U.S.C. 1531–1538 et seq. E. Executive Order 13132: Federalism This action does not have federalism implications, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999) because it will not have substantial direct effects on States, on the relationship between the National Government and the States, or on the distribution of power and responsibilities among the various levels of government. F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments This action does not have Tribal implications, as specified in Executive Order 13175 (65 FR 67249, November 9, 2000) because it will not have substantial direct effects on Tribal governments, on the relationship between the Federal Government and the Indian Tribes, or on the distribution of power and responsibilities between the Federal Government and Indian Tribes. G. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks This action is not subject to Executive Order 13045 (62 FR 19885, April 23, 1997), because it does not concern an environmental health or safety risk. Since this action does not concern human health, EPA’s 2021 Policy on Children’s Health does not apply. H. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use This action is not a ‘‘significant energy action’’ as defined in Executive Order 13211 (66 FR 28355, May 22, 2001), because it is not likely to have a significant adverse effect on the supply, distribution or use of energy. I. National Technology Transfer and Advancement Act (NTTAA) This action does not involve technical standards. As such, NTTAA section 12(d), 15 U.S.C. 272. E:\FR\FM\16FER1.SGM 16FER1 12250 Federal Register / Vol. 89, No. 33 / Friday, February 16, 2024 / Rules and Regulations J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations and Executive Order 14096: Revitalizing Our Nation’s Commitment to Environmental Justice for All This action does not concern human health or environmental conditions and therefore cannot be evaluated with respect to the potential for disproportionate impacts on non-white and low-income populations in accordance with Executive Order 12898 (59 FR 7629, February 16, 1994) and Executive Order 14096 (88 FR 25251, April 26, 2023). K. Congressional Review Act (CRA) This action is subject to the CRA, 5 U.S.C. 801 et seq., and EPA will submit a rule report to each House of the Congress and to the Comptroller General of the United States. The CRA allows the issuing agency to make a rule effective sooner than otherwise provided by the CRA if the agency makes a good cause finding that notice and comment rulemaking procedures are impracticable, unnecessary or contrary to the public interest (5 U.S.C. 808(2)). The EPA has made a good cause finding for this rule as discussed in Unit I.D., including the basis for that finding. List of Subjects in 40 CFR Part 723 Environmental protection, Chemicals, Hazardous substances, Reporting and recordkeeping requirements. Dated: February 9, 2024. Michal Freedhoff, Assistant Administrator, Office of Chemical Safety and Pollution Prevention. Therefore, for the reasons set forth in the preamble, 40 CFR chapter I is amended as follows: PART 723—PREMANUFACTURE NOTIFICATION EXEMPTIONS 1. The authority citation for part 723 continues to read as follows: ■ Authority: 15 U.S.C. 2604. 2. In § 723.250(f), revise the introductory text to read as follows: ■ § 723.250 Polymers. lotter on DSK11XQN23PROD with RULES1 * * * * * (f) Exemption report for polymers manufactured under the terms of this section. For substances exempt under paragraphs (e)(1) through (3) of this section a report of manufacture or import must be submitted by January 31 of the year subsequent to initial manufacture, except that for initial manufacture or import in 2023 the report must be submitted by March 31, VerDate Sep<11>2014 16:07 Feb 15, 2024 Jkt 262001 2024. The report and accompanying claims must be submitted via CDX (https://cdx.epa.gov/), using the TSCA Section 5 Notices and Supports—ePMN application. See § 720.40(a)(2)(ii) of this subchapter for information on how to access e-PMN software. The notice must include: * * * * * [FR Doc. 2024–03064 Filed 2–15–24; 8:45 am] BILLING CODE 6560–50–P GENERAL SERVICES ADMINISTRATION 41 CFR Parts 300–3, 301–10, 301–31, 301–50, 301–51, 301–70 Through 301– 76, Chapter 301, and Parts 302–1 Through 302–9, 302–11, 302–12, 302– 14 Through 302–17, 303–70, 304–2, 304–3, and 304–5 [FTR Case 2022–05; Docket No. GSA–FTR– 2022–0005, Sequence No. 1] RIN 3090–AK67 Federal Travel Regulation; Updating the FTR With Diversity, Equity, Inclusion, and Accessibility Language Office of Government-wide Policy (OGP), General Services Administration (GSA). ACTION: Final rule. AGENCY: GSA is issuing a final rule that makes technical amendments to the Federal Travel Regulation (FTR) regarding gender neutrality. These technical amendments result in more inclusive language by replacing genderspecific pronouns (e.g., he, she, his, her) with non-gendered pronouns. These changes are grammatical and technical in nature and do not result in added costs or associated policy changes. DATES: This final rule is effective on April 16, 2024. FOR FURTHER INFORMATION CONTACT: Mr. Ed Davis, Program Analyst, Office of Government-wide Policy, at 202–669– 1653 or travelpolicy@gsa.gov for clarification of content. For information pertaining to status or publication schedules, contact the Regulatory Secretariat Division at 202–501–4755 or GSARegSec@gsa.gov. Please cite ‘‘FTR Case 2022–05.’’ SUPPLEMENTARY INFORMATION: SUMMARY: I. Background Executive Order (E.O.) 13988, Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation, dated January 20, 2021, establishes a policy ‘‘to prevent and combat discrimination PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 on the basis of gender identity or sexual orientation, and to fully enforce Title VII and other laws that prohibit discrimination on the basis of gender identity or sexual orientation.’’ The Federal Government must be a model for diversity, equity, inclusion, and accessibility, where all employees are treated with dignity and respect. While GSA is not aware of any specific instances where language in the FTR has been used to discriminate against an employee seeking reimbursement for travel or relocation expenses, GSA believes it is important to prevent any potential discrimination or the appearance of discrimination. Therefore, GSA has undertaken an extensive review of the FTR and is updating all instances where language used to identify individuals is not as inclusive as it could be. Consistent with the American Psychological Association (APA) Style Guide, 7th Edition, Publication Manual Section 5.5 guidance on ‘‘Gender and Pronoun Usage’’, GSA is replacing gender-specific pronouns, such as he, she, his, or her with more inclusive and respectful terminology to all segments of society. Other terms that do not use gender-specific language, such as employee, traveler, sibling, child, and parent have also been used as appropriate. II. Waiver of Proposed Rulemaking In developing this final rule, GSA is waiving notice of proposed rulemaking, public comment, and effective date procedures set forth in the Administrative Procedure Act, 5 U.S.C. 553 (APA). The APA provides an exception to those procedures when an agency finds there is good cause for dispensing with such procedures. See 5 U.S.C. 553(b)(3)(B), 553(d)(3). Here, GSA has determined that_good cause exists for dispensing with these procedures_because they are unnecessary. The removal of genderspecific language is a grammatical, technical amendment that does not change policy or require the expenditure of agency funds. It instead makes clear that the FTR should not be interpreted to condone potential gender discrimination or the appearance of gender discrimination, even if GSA is unaware of the FTR’s gendered language being used to discriminate against an employee. Therefore, this rule is not subject to notice, an opportunity for public comment, or a delayed effective date, and will be final and effective upon publication. E:\FR\FM\16FER1.SGM 16FER1

Agencies

[Federal Register Volume 89, Number 33 (Friday, February 16, 2024)]
[Rules and Regulations]
[Pages 12248-12250]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-03064]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 723

[EPA-HQ-OPPT-2021-0419; FRL-11729-01-OCSPP]
RIN 2070-AK68


Toxic Substances Control Act (TSCA) Requirements for Polymer 
Exemption Reports and Accompanying Claims; Extension of the Reporting 
Deadline for 2024

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is amending the 
Toxic Substances Control Act (TSCA) regulations for polymers 
manufactured under the terms of the polymer exemption by extending the 
submission deadline for reporting. The regulations require that 
manufacturers (includes importers) of polymers manufactured under the 
terms of the exemption submit a report of manufacture or import by 
January 31 of the year subsequent to initial manufacture. On June 7, 
2023, EPA amended the exemption reporting requirement to require that 
the exemption report and accompanying confidentiality claims be 
submitted electronically. Because EPA experienced technical 
difficulties with the launch of the new electronic reporting tool, EPA 
is extending the reporting period for 2024 from January 31 to March 31 
to allow manufacturers additional time to submit their reports and 
accompanying claims to EPA using the electronic reporting tool.

DATES: This final rule is effective on February 16, 2024.

ADDRESSES: The docket for this action, identified by docket 
identification (ID) number EPA-HQ-OPPT-2021-0419, is available online 
at https://www.regulations.gov. Additional information about dockets 
generally, along with instructions for visiting the docket in-person, 
is available at https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: 
    For technical information contact: Loraine Passe, New Chemicals 
Division (7405M), Office of Pollution Prevention and Toxics, 
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, 
DC 20460-0001; telephone number: (202) 564-9064; 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. Executive Summary

A. Does this action apply to me?

    You may be potentially affected by this action if you were a 
manufacturer or importer of a polymer under the terms of the polymer 
exemption in 2023. The following list of North American Industrial 
Classification System (NAICS) codes is not intended to be exhaustive 
but rather provides a guide to help readers determine whether this 
document applies to them. Potentially affected entities may include:
     Chemical Manufacturers (NAICS code 325).
     Petroleum and Coal Products (NAICS code 324).
     Merchant Wholesalers, Nondurable Goods (NAICS code 424).
    This list details the types of entities that EPA is aware could 
potentially be regulated by this action. Other types of entities not 
listed could also be regulated. To determine whether your entity is 
regulated by this action, you should carefully examine the 
applicability criteria found in 40 CFR 723.250. If you have questions 
regarding the applicability of this action, please consult the 
technical person listed under FOR FURTHER INFORMATION CONTACT.

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

    EPA is promulgating this rule pursuant to its authority in TSCA 
section 5 (15 U.S.C. 2604). In addition, section 553(b)(B) of the 
Administrative Procedure Act (APA), 5 U.S.C. 553(b)(B), provides that 
an agency may issue a final rule without a prior proposal if it finds 
for good cause that notice and public procedure are impracticable, 
unnecessary, or contrary to the public interest.

C. What action is the Agency taking?

    EPA is extending the reporting deadline for polymer exemption 
reports under 40 CFR 723.250 for this year for exemption reports and 
accompanying claims from January 31 to March 31. EPA believes this 
extension will provide reporters with sufficient time to submit 
information using the electronic reporting tool and for EPA to fix any 
unanticipated glitches that may arise with the use of the new tool.

D. Why is this issued as a final rule?

    Pursuant to section 553(b)(B) of the APA (5 U.S.C. 553(b)(B)), EPA 
has determined that there is good cause for extending the reporting 
deadline for 2024 without prior proposal and opportunity for comment. 
EPA encountered technical issues when launching a new polymer exemption 
electronic reporting tool and the time to fix those issues took longer 
than

[[Page 12249]]

expected. As a result, it was not possible for manufacturers to submit 
their required reports and accompanying claims electronically until 
January 29, 2024, three business days before the January 31st 
regulatory due date for 2024. EPA determines that there is good cause 
to take this action without a prior proposal because it would be 
contrary to the public interest to retain the deadline of January 31 
for the 2024 reports, where EPA's electronic systems were not ready and 
available for use by regulated entities to allow them to comply with 
the electronic reporting requirements of the rule before the submission 
deadline of January 31, 2024.
    Moreover, EPA previously provided notice that if technical issues 
with electronic reporting of polymer exemption reports occurred, it 
would make appropriate accommodations such as extending reporting 
deadlines. The issue was discussed in the preamble to the final rule 
establishing the electronic reporting deadline in question (88 FR 
37155, June 7, 2023 (FRL-8223-02-OCSPP)), which became effective on 
August 7, 2023, and required the use of a new electronic reporting tool 
for submitting annual polymer exemption reports and accompanying 
claims. That rule amended the regulations in 40 CFR 723.250(f) to 
state, ``. . . The report and accompanying claims must be submitted via 
CDX (https://cdx.epa.gov/), using the TSCA Section 5 Notices and 
Supports--ePMN application.'' In that rule, EPA responded to several 
commenters that expressed concern over reliance on electronic 
reporting, citing past incidences of technical difficulties with 
providing electronic submissions via CDX. Specifically, EPA responded 
in that final rule that it did not expect issues with electronic 
reporting of polymer exemption reports, but if such issues did occur 
the Agency would continue its practice of promptly addressing problems 
and, ``. . . making appropriate accommodations (such as extending 
reporting deadlines)'' (88 FR 37155, June 7, 2023 (FRL-8223-02-OCSPP)). 
EPA did not anticipate the technical issues it had with launching the 
tool and expected the new reporting tool to be fully functional well 
ahead of the January 31st reporting deadline. Unfortunately, the tool 
only became functional three business days before the January 31, 2024, 
deadline. As EPA had already acknowledged that it could extend 
reporting deadlines if technical issues with the reporting tool arose, 
providing further notice and public procedure would serve no purpose 
and is unnecessary.
    APA section 553(d) (5 U.S.C. 553(d)), in turn, allows an agency to 
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 to codify the extension 
to the 2024 reporting deadline effective upon publication in the 
Federal Register.
    Extending the reporting deadline for 2024 is beneficial to 
regulated entities that need to comply with the regulations because it 
provides them with more time to complete the submission using the new 
electronic reporting tool. This final rule has no adverse impact and 
does not otherwise alter the reporting and recordkeeping requirements 
contained in the rule.

II. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive orders 
can be found at https://www.epa.gov/laws-regulations/laws-and-executive-orders#influence.

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was 
therefore not submitted to the Office of Management and Budget (OMB) 
for review under Executive Orders 12866 (58 FR 51735, October 4, 1993) 
and 13563 (76 FR 3821, January 21, 2011).

B. Paperwork Reduction Act (PRA)

    This action does not contain any new information collection burden 
under the PRA, 44 U.S.C. 3501 et seq. OMB has previously approved the 
information collection activities contained in the existing new 
chemical regulations under OMB Control No. 2070-0038 (EPA ICR No. 
1188.14), which was updated with the CBI revisions and electronic 
submission approved under OMB Control No. 2070-0223 (EPA ICR No. 
2707.02). This action only delays the reporting deadline for 2024 and 
does not otherwise change any of the information collection activities.

C. Regulatory Flexibility Act (RFA)

    This action is not subject to the 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 
final rule action 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 (UMRA)

    This action does not impose any enforceable duty or contain any 
unfunded mandate as described under Title II of UMRA, 2 U.S.C. 1531-
1538 et seq.

E. Executive Order 13132: Federalism

    This action does not have federalism implications, as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999) because it will 
not have substantial direct effects on States, on the relationship 
between the National Government and the States, or on the distribution 
of power and responsibilities among the various levels of government.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action does not have Tribal implications, as specified in 
Executive Order 13175 (65 FR 67249, November 9, 2000) because it will 
not have substantial direct effects on Tribal governments, on the 
relationship between the Federal Government and the Indian Tribes, or 
on the distribution of power and responsibilities between the Federal 
Government and Indian Tribes.

G. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    This action is not subject to Executive Order 13045 (62 FR 19885, 
April 23, 1997), because it does not concern an environmental health or 
safety risk. Since this action does not concern human health, EPA's 
2021 Policy on Children's Health does not apply.

H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    This action is not a ``significant energy action'' as defined in 
Executive Order 13211 (66 FR 28355, May 22, 2001), because it is not 
likely to have a significant adverse effect on the supply, distribution 
or use of energy.

I. National Technology Transfer and Advancement Act (NTTAA)

    This action does not involve technical standards. As such, NTTAA 
section 12(d), 15 U.S.C. 272.

[[Page 12250]]

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations and 
Executive Order 14096: Revitalizing Our Nation's Commitment to 
Environmental Justice for All

    This action does not concern human health or environmental 
conditions and therefore cannot be evaluated with respect to the 
potential for disproportionate impacts on non-white and low-income 
populations in accordance with Executive Order 12898 (59 FR 7629, 
February 16, 1994) and Executive Order 14096 (88 FR 25251, April 26, 
2023).

K. Congressional Review Act (CRA)

    This action is subject to the CRA, 5 U.S.C. 801 et seq., and EPA 
will submit a rule report to each House of the Congress and to the 
Comptroller General of the United States. The CRA allows the issuing 
agency to make a rule effective sooner than otherwise provided by the 
CRA if the agency makes a good cause finding that notice and comment 
rulemaking procedures are impracticable, unnecessary or contrary to the 
public interest (5 U.S.C. 808(2)). The EPA has made a good cause 
finding for this rule as discussed in Unit I.D., including the basis 
for that finding.

List of Subjects in 40 CFR Part 723

    Environmental protection, Chemicals, Hazardous substances, 
Reporting and recordkeeping requirements.

    Dated: February 9, 2024.
Michal Freedhoff,
Assistant Administrator, Office of Chemical Safety and Pollution 
Prevention.

    Therefore, for the reasons set forth in the preamble, 40 CFR 
chapter I is amended as follows:

PART 723--PREMANUFACTURE NOTIFICATION EXEMPTIONS

0
1. The authority citation for part 723 continues to read as follows:

    Authority: 15 U.S.C. 2604.


0
2. In Sec.  723.250(f), revise the introductory text to read as 
follows:


Sec.  723.250  Polymers.

* * * * *
    (f) Exemption report for polymers manufactured under the terms of 
this section. For substances exempt under paragraphs (e)(1) through (3) 
of this section a report of manufacture or import must be submitted by 
January 31 of the year subsequent to initial manufacture, except that 
for initial manufacture or import in 2023 the report must be submitted 
by March 31, 2024. The report and accompanying claims must be submitted 
via CDX (https://cdx.epa.gov/), using the TSCA Section 5 Notices and 
Supports--ePMN application. See Sec.  720.40(a)(2)(ii) of this 
subchapter for information on how to access e-PMN software. The notice 
must include:
* * * * *

[FR Doc. 2024-03064 Filed 2-15-24; 8:45 am]
BILLING CODE 6560-50-P
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