[Federal Register Volume 77, Number 249 (Friday, December 28, 2012)]
[Rules and Regulations]
[Pages 76419-76420]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-31048]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 716

[EPA-HQ-OPPT-2011-0363; FRL-9375-3]
RIN 2070-AJ89


Health and Safety Data Reporting; Addition of Certain Chemicals; 
Withdrawal of Final Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; withdrawal.

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SUMMARY: EPA is withdrawing the final Toxic Substances Control Act 
(TSCA) section 8(d) Health and Safety Data Reporting Rule that it 
issued on December 3, 2012. The health and safety data reporting rule 
would have required manufacturers (including importers) of cadmium or 
cadmium compounds, including as part of an article, that have been, or 
are reasonably likely to be, incorporated into consumer products to 
report certain unpublished health and safety studies to EPA.

DATES: The final rule published on December 3, 2012 at 76 FR 71561 is 
withdrawn effective December 28, 2012.

ADDRESSES: The docket for this action, identified by docket 
identification (ID) number EPA-HQ-OPPT-2011-0363, 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), EPA West 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: 
Mark Seltzer, Chemical Control Division (7405M), Office of Pollution 
Prevention and Toxics, Environmental Protection Agency, 1200 
Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number: 
(202) 564-2901; email address: seltzer.mark@epa.gov or Mike Mattheisen, 
Chemical Control Division (7405M), Office of Pollution Prevention and 
Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., 
Washington, DC 20460-0001; telephone number: (202) 564-3077; email 
address: mattheisen.mike@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 affected by this withdrawal if you are a manufacturer 
(including importer) of cadmium or cadmium compounds, including as part 
of an article, that have been, or are reasonably likely to be, 
incorporated into consumer products.

B. What action is the agency taking?

    In the Federal Register issue of December 3, 2012 (77 FR 71561) 
(FRL-9355-9), EPA issued a health and safety data reporting rule that 
would have required manufacturers (including importers) of cadmium or 
cadmium compounds, including as part of an article, that have been, or 
are reasonably likely to be, incorporated into consumer products to 
report certain unpublished health and safety studies to EPA. EPA has 
good cause to withdraw the final rule.
    In this document, EPA is withdrawing the final health and safety 
data reporting rule that it issued pursuant to TSCA section 8(d) on 
December 3, 2012. Since the final rule's issuance, EPA has received a 
number of letters, including requests for withdrawal under Sec.  
716.105(c)-(d), asking questions and raising concerns about the scope 
and extent of the immediate final rule that indicate that there is 
significant confusion and uncertainty about the final rule in certain 
industrial sectors subject to the final rule. For example, EPA received 
comments that the regulatory text did not clearly specify which 
additional industrial sectors beyond those subject to reporting in 
Sec.  716.5(a) must report unpublished health and safety studies, as 
required by Sec.  716.5(b). EPA believes that some of the points raised 
in the letters warrant additional consideration by the Agency. Comments 
received by EPA are available in the docket under docket ID number EPA-
HQ-OPPT-2011-0363.

[[Page 76420]]

EPA has concluded that these concerns are good cause per Sec.  
716.105(c) to withdraw the health and safety data reporting rule that 
it issued on December 3, 2012.
    EPA finds that there is ``good cause'' under the Administrative 
Procedure Act (APA) (5 U.S.C. 553(b)(3)(B)) to withdraw this final rule 
without prior notice and comment. EPA believes notice and an 
opportunity for comment on this action are impracticable and 
unnecessary. Public notice and comment is impracticable because EPA has 
only a limited time to publish this withdrawal. That is, EPA must 
publish a document in the Federal Register pursuant to Sec.  716.105(c) 
withdrawing the addition of cadmium before January 2, 2013, the 
effective date of the cadmium amendment. Furthermore, notice and 
comment is unnecessary because this withdrawal conforms to the 
withdrawal procedure of Sec.  716.105(c) of the part 716 model rule, 
which EPA promulgated in 1985 regarding withdrawal after having 
solicited public comment on the need for and mechanics of this 
procedure as published in the Federal Register issue of August 28, 1985 
(50 FR 34809). EPA is adhering to this previously promulgated procedure 
in this withdrawal, which requires such action to occur by publishing a 
Federal Register document ``[p]rior to the effective date of [the 
listing] under paragraph (b) of this section.'' See Sec.  716.105(c).
    EPA also finds that this final rule is not subject to the 30 day 
delay of the effective date generally required by 5 U.S.C. 553(d). This 
final rule is ``a substantive rule which grants or recognizes an 
exemption or relieves a restriction,'' 5 U.S.C. 553(d)(1), because it 
lifts the reporting requirement on certain manufacturers (including 
importers) of cadmium or cadmium compounds. This final rule must be 
made effective prior to the effective date of the addition of cadmium 
and cadmium compounds to the TSCA section 8(d) model rule (January 2, 
2013) in order to relieve this restriction.

II. Statutory and Executive Order Reviews

    For the reasons already stated, this final rule withdraws a 
previously issued final rule without imposing any new requirements. As 
such, the following statutory and Executive Order requirements do not 
apply to this action:
     This action is not subject to review by the Office of 
Management and Budget (OMB) under Executive Order 12866, entitled 
``Regulatory Planning and Review'' (58 FR 51735, October 4, 1993), 
Executive Order 13563, entitled ``Improving Regulation and Regulatory 
Review'' (76 FR 3821, January 21, 2011), or the Paperwork Reduction Act 
(44 U.S.C. 3501 et seq.).
     As discussed previously, the Agency has invoked the ``good 
cause'' exemption in APA section 553(b)(3)(B). Because this action is 
not subject to notice and comment requirements under the APA or any 
other statute, it is not subject to the Regulatory Flexibility Act (5 
U.S.C. 601 et seq.) or Title II of the Unfunded Mandates Reform Act (2 
U.S.C. 1531-1538).
     This final rule does not have tribal implications, as 
specified in Executive Order 13175, entitled ``Consultation and 
Coordination with Indian Tribal Governments'' (65 FR 67249, November 9, 
2000), or federalism implications as specified in Executive Order 
13132, entitled ``Federalism'' (64 FR 43255, August 10, 1999).
     Since this action is not subject to Executive Order 12866, 
it is not subject to Executive Orders 13045, entitled ``Protection of 
Children from Environmental Health Risks and Safety Risks'' (62 FR 
19885, April 23, 1997), and 13211, ``Actions concerning Regulations 
that Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 
28355, May 22, 2001).
     This action does not involve technical standards; thus, 
the requirements of section 12(d) of the National Technology Transfer 
and Advancement Act (15 U.S.C. 272 note) do not apply.
     The Agency is not required to and has not considered 
environmental justice-related issues as specified in Executive Order 
12898, entitled ``Federal Actions to Address Environmental Justice in 
Minority Populations and Low-Income Populations'' (59 FR 7629, February 
16, 1994).

III. 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 the CRA if the agency makes 
a good cause finding that notice and public procedure is impracticable, 
unnecessary, or contrary to the public interest. This determination 
must be supported by a brief statement. 5 U.S.C. 808(2). As stated 
previously, EPA has made such a good cause finding, including the 
reasons therefore, and established an effective date of January 2, 
2013.

List of Subjects in 40 CFR Part 716

    Environmental protection, Chemicals, Hazardous substances, Health 
and safety studies, Reporting and recordkeeping requirements.

    Dated: December 20, 2012.
James Jones,
Acting Assistant Administrator, Office of Chemical Safety and Pollution 
Prevention.
[FR Doc. 2012-31048 Filed 12-27-12; 8:45 am]
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