
[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]                         

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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.

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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: 

I. 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.

II. What rule is being withdrawn?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.

III. 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.

IV. 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.

V. 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.


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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

