[Federal Register Volume 83, Number 235 (Friday, December 7, 2018)]
[Rules and Regulations]
[Pages 63066-63067]
[FR Doc No: 2018-26686]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 9 and 721

[EPA-HQ-OPPT-2018-0649; FRL-9987-43]
RIN 2070-AB27

Significant New Use Rules on Certain Chemical Substances;
Withdrawal

AGENCY: Environmental Protection Agency (EPA).

ACTION: Withdrawal of direct final rule.

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SUMMARY: EPA is withdrawing significant new use rules (SNURs)
promulgated under the Toxic Substances Control Act (TSCA) for 28
chemical substances, which were the subject of premanufacture notices
(PMNs). EPA published these SNURs using direct final rulemaking
procedures, which requires EPA to take certain actions if an adverse
comment is received. EPA received adverse comments regarding the SNURs
identified in the direct final rule. Therefore, the Agency is
withdrawing the direct final rule SNURs identified in this document, as
required under the direct final rulemaking procedures.

DATES: The direct final rule published at 83 FR 50838 on October 10,
2018 (FRL-9984-65) is withdrawn effective December 7, 2018.

ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPPT-2018-0649, is available at
http://www.regulations.gov or 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 review the visitor instructions and additional information
about the docket available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT:
    For technical information contact: Kenneth Moss, Chemical Control
Division (7405M), Office of Pollution Prevention and Toxics,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington,
DC 20460-0001; telephone number:<PHONE_NUMBER>; 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 10, 2018 (83 FR 50838) (FRL-9984-65). 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 direct final SNURs are being withdrawn?

    In the Federal Register of October 10, 2018 (83 FR 50838) (FRL-
9984-65), EPA issued direct final SNURs for 28 chemical substances that
are identified in the document. Because the Agency received adverse
comments regarding the SNURs identified in the document, EPA is
withdrawing the direct final SNURs issued for these 28 chemical
substances, which were the subject of PMNs. In addition to the Direct
Final SNURs, elsewhere in the same issue of the Federal Register of
October 10, 2018 (83 FR 50872) (FRL-9984-67), EPA issued proposed SNURs
covering these 28 chemical substances. EPA will address all adverse
public comments in a subsequent final rule, based on the proposed rule.

III. Good Cause Finding

    EPA determined that this document is not subject to the 30-day
delay of effective date generally required by the Administrative
Procedure Act (APA) (5 U.S.C. 553(d)) because of the time limitations
for publication in the Federal Register. This document must publish on
or before the effective date of the direct final rule containing the
direct final SNURs being withdrawn.

IV. Statutory and Executive Order Reviews

    This action withdraws regulatory requirements that have not gone
into effect and which contain no new or amended requirements and
reopens a comment period. As such, the Agency has determined that this
action will not have any adverse impacts, economic or

otherwise. The statutory and Executive Order review requirements
applicable to the direct final rules were discussed in the October 10,
2018 Federal Register (83 FR 50838). Those review requirements do not
apply to this action because it is a withdrawal and does not contain
any new or amended requirements.

V. Congressional Review Act (CRA)

    Pursuant to the Congressional Review Act (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 III.

List of Subjects

40 CFR Part 9

    Environmental protection, Reporting and recordkeeping requirements.

40 CFR Part 721

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

    Dated: November 30, 2018.
Lance Wormell,
Acting Director, Chemical Control Division, Office of Pollution
Prevention and Toxics.

    Accordingly, the amendments to 40 CFR parts 9 and 721 published on
October 10, 2018 (83 FR 50838), are withdrawn effective December 10,
2018.

[FR Doc. 2018-26686 Filed 12-6-18; 8:45 am]
 BILLING CODE 6560-50-P


Comment Info: =================

General Comment:Dear Mr. Zeller:

I am writing to request an extension of the comment period for the Food and Drug Administration's ("FDA") Proposed Rule Deeming Tobacco Products to be Subject to the Federal Food, Drug, and Cosmetic Act, as amended by the Family Smoking and Prevention and Tobacco Control Act (the "Proposed Rule") published at 79 Fed. Reg. 23,142 and Federal Register No. 2014-09491. On behalf of myself, I am also requesting that the comment period for the Proposed Rule be extended by the FDA for an additional 105 days, from its current 75-day period, to 180 days.   As a consumer of products that are proposed for regulation under the Proposed Rule, the Proposed Rule asks about a hundred different questions I want to respond to. The time that I have to devote to researching and providing thoughtful comments on these important questions is limited. This is my only opportunity, as consumers, to provide my feedback .  The FDA took many years to even come up with the Proposed Rule, so allowing the public a mere six months to comment on it is not unreasonable. This is my only opportunity, as a consumer, to give you my feedback.

Please read this and you will understand why I feel so strongly about this subject. Two and a half years ago my mother was a 3 pack a day smoker and her doctor told her she was showing signs of Emphysema . She is one of those mothers that they make movies about . The kind that give up everything for their family and other people. She quit smoking using an ecigarette about one month after I opened my first vapor store which was also 2 and a half years ago. Her doctor recently told her that her lungs had completely cleared and she has quit coughing. Other members of my family that quit using an ecig were my sister, my 2 nephews, 2 of my aunts, and at least 2 cousins. I know that this product has added time and quality to my mothers life along with my entire family. It has also saved health care cost as most of my family was in the lower income bracket. Also, half of my family is now working in the vapor industry along with 48 others that I have been able to hire and add to the workforce that helps our economy.   This product has completely changed and improved our way of life as I am sure it has for many, many others.

I can provide science- and evidence-based responses to your questions and I appreciate your consideration of my request and I would like to discuss this issue with you further.