Significant New Use Rule; Withdrawals:

Federal Register: November 18, 2010 (Volume 75, Number 222)

Rules and Regulations

Page 70583-70584

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DOCID:fr18no10-5

ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 9 and 721

EPA-HQ-OPPT-2009-0922; FRL-8853-2

RIN 2070-AB27

Cobalt Lithium Manganese Nickel Oxide; Withdrawal of Significant

New Use Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

SUMMARY: EPA is withdrawing a significant new use rule (SNUR) promulgated under section 5(a)(2) of the Toxic Substances Control Act

(TSCA) for the chemical substance identified as cobalt lithium manganese nickel oxide (CAS No. 182442-95-1), which was the subject of premanufacture notice (PMN) P-04-269. EPA published the SNUR using direct final rulemaking procedures. EPA received a notice of intent to submit adverse comments on the rule. Therefore, the Agency is withdrawing the SNUR, as required under the expedited SNUR rulemaking process. Elsewhere in today's Federal Register, EPA is publishing

(under separate notice and comment rulemaking procedures), a proposed

SNUR for this substance.

DATES: This final rule is effective November 19, 2010.

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:

(202) 564-9232; e-mail address: moss.kenneth@epa.gov.

For general information contact: The TSCA-Hotline, ABVI-Goodwill, 422 South Clinton Ave., Rochester, NY 14620; telephone number: (202) 554-1404; e-mail address: TSCA-Hotline@epa.gov.

SUPPLEMENTARY INFORMATION:

1. Does this action apply to me?

   A list of potentially affected entities is provided in the Federal

   Register of September 20, 2010 (75 FR 57169) (FRL-8839-7). If you have questions regarding the applicability of this action to a particular entity, consult the technical person listed under FOR FURTHER

   INFORMATION CONTACT.

2. What rule is being withdrawn?

   In the Federal Register of September 20, 2010 (75 FR 57169), EPA issued several direct final SNURs, including a SNUR for the chemical substance that is the subject of this withdrawal. These direct final rules were issued pursuant to the procedures in 40 CFR part 721, subpart D. In accordance with 40 CFR 721.160(c)(3)(ii), EPA is withdrawing the rule issued for cobalt lithium manganese nickel oxide

   (PMN P-04-269; CAS No. 182442-95-1) at 40 CFR 721.10201 because the

   Agency received a notice of intent to submit adverse comments.

   Elsewhere in today's Federal Register, EPA is proposing a SNUR for this chemical substance via notice and comment rulemaking.

   For further information regarding EPA's expedited process for issuing SNURs, interested parties are directed to 40 CFR part 721, subpart D, and the Federal Register of July 27, 1989 (54 FR 31314). The record for the direct final SNUR for the chemical substance being withdrawn was established at EPA-HQ-OPPT-2009-0922. That record includes information considered by the Agency in developing the rule and the notice of intent to submit adverse comments.

3. How do I access the docket?

   To access the electronic docket, please go to http:// www.regulations.gov and follow the online instructions to access docket

   ID no. EPA-HQ-OPPT-2009-0922. Additional information about the Docket

   Facility is provided under ADDRESSES in the Federal Register document of September 20, 2010 (75 FR 57169). If you have questions, consult the technical person listed under FOR FURTHER INFORMATION CONTACT.

4. What statutory and executive order reviews apply to this action?

   This final rule revokes or eliminates an existing regulatory requirement and does not contain any new or amended requirements. 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 were discussed in the Federal Register document of September 20, 2010 (75 FR 57169). Those review requirements do not apply to this action because it is a withdrawal and does not contain any new or amended requirements.

5. Congressional Review Act

   The Congressional Review Act, 5 U.S.C. 801 et seq., generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report to each House of the Congress and the Comptroller General of the United States. EPA will submit a report containing this rule and

   Page 70584

   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 rule is not a

   ``major rule'' as defined by 5 U.S.C. 804(2).

   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 10, 2010.

   Wendy C. Hamnett,

   Director, Office of Pollution Prevention and Toxics. 0

   Therefore, 40 CFR parts 9 and 721 are amended as follows:

   PART 9--[AMENDED] 0 1. The authority citation for part 9 continues to read as follows:

   Authority: 7 U.S.C. 135 et seq., 136-136y; 15 U.S.C. 2001, 2003, 2005, 2006, 2601-2671; 21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33 U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318, 1321, 1326, 1330, 1342, 1344, 1345(d) and (e), 1361; E.O. 11735, 38 FR 21243, 3

   CFR, 1971-1975 Comp. p. 973; 42 U.S.C. 241, 242b, 243, 246, 300f, 300g, 300g-1, 300g-2, 300g-3, 300g-4, 300g-5, 300g-6, 300j-1, 300j- 2, 300j-3, 300j-4, 300j-9, 1857 et seq., 6901-6992k, 7401-7671q, 7542, 9601-9657, 11023, 11048. 0 2. The table in Sec. [emsp14]9.1 is amended by removing under the undesignated center heading ``Significant New Uses of Chemical

   Substances'' Sec. [emsp14]721.10201.

   PART 721--[AMENDED] 0 3. The authority citation for part 721 continues to read as follows:

   Authority: 15 U.S.C. 2604, 2607, and 2625(c).

   Sec. 721.10201 [Removed] 0 4. Remove Sec. 721.10201.

   FR Doc. 2010-29147 Filed 11-17-10; 8:45 am

   BILLING CODE 6560-50-P