80 Federal Register / Vol. 82, No. 1 / Tuesday, January 3, 2017 / Proposed Rules 
the officer conducting the hearing at the 
outset of or during the hearing. 
(2) Technical rules of evidence do not 
apply to hearings conducted pursuant to this part, but rules or principles designed to assure production of the most credible evidence available and to subject testimony to test by cross- examination shall be applied where determined reasonably necessary by the officer conducting the hearing. The hearing officer may exclude irrelevant, immaterial, or unduly repetitious evidence. All documents and other evidence offered or taken for the record shall be open to examination by the parties and opportunity shall be given to refute facts and arguments advanced on either side of the issues. A transcript shall be made of the oral evidence except to the extent the substance thereof is stipulated for the record. All decisions shall be based upon the hearing record and written findings shall be made. 
(e) Consolidated or joint hearings. In 
cases in which the same or related facts are asserted to constitute noncompliance with this part with respect to two or more Federal statutes, authorities, or other means by which Federal financial assistance is extended and to which this part applies, or noncompliance with this part and the regulations of one or more other Federal departments or agencies issued under section 504, the Secretary may, by 
agreement with such other departments or agencies, where applicable, provide for the conduct of consolidated or joint hearings, and for the application to such hearings of rules or procedures not inconsistent with this part. Final decisions in such cases, insofar as this regulation is concerned, shall be made in accordance with § 40.401. 
§ 40.401 Decisions and notices. 
(a) Procedure on decisions by hearing 
examiner. If the hearing is held by a 
hearing examiner, the hearing examiner shall either make an initial decision, if so authorized, or certify the entire record including his recommended findings and proposed decision to the Secretary for a final decision, and a copy of such initial decision or certification shall be mailed to the applicant or recipient. Where the initial decision is made by the hearing examiner the applicant or recipient may, within 30 days after the mailing of such notice of initial decision, file with the Secretary the applicant’s or recipient’s exceptions to the initial decision, with the reasons therefore. In the absence of exceptions, the Secretary may, on his or her own motion, within 45 days after the initial decision, serve on the applicant or recipient a notice 
that he or she will review the decision. Upon the filing of such exceptions or of notice of review, the Secretary shall review the initial decision and issue his or her own decision thereon including the reasons therefore. In the absence of either exceptions or a notice of review, the initial decision shall, subject to paragraph (e) of this section, constitute the final decision of the Secretary. 
(b) Decisions on record or review by 
the Secretary. Whenever a record is certified to the Secretary for decision or he or she reviews the decision of a hearing examiner pursuant to paragraph (a) of this section, or whenever the Secretary conducts the hearing, the applicant or recipient shall be given reasonable opportunity to file with the Secretary briefs or other written statements of its contentions, and a written copy of the final decision of the Secretary shall be sent to the applicant or recipient and to the complainant, if any. 
(c) Decisions on record where a 
hearing is waived. Whenever a hearing is waived pursuant to § 40.400, a decision shall be made by the Secretary on the record and a written copy of such decision shall be sent to the applicant or recipient, and to the complainant, if any. 
(d) Rulings required. Each decision of 
a hearing examiner or the Secretary shall set forth his or her ruling on each finding, conclusion, or exception presented, and shall identify the requirement or requirements imposed by or pursuant to this part with which it is found that the applicant or recipient has failed to comply. 
(e) Approval by the Secretary. Any 
final decision by an official of the 
Department, other than the Secretary personally, which provides for the suspension or termination of, or the refusal to grant or continue Federal financial assistance, or the imposition of any other sanction available under this part or section 504, shall promptly be transmitted to the Secretary personally, who may approve such decision, may vacate it, or remit or mitigate any sanction imposed. 
(f) Content of orders. The final 
decision may provide for suspension or termination of, or refusal to grant or continue Federal financial assistance, in whole or in part, to which this regulation applies, and may contain such terms, conditions, and other provisions as are consistent with and will effectuate the purposes of section 504 and this part, including provisions designed to assure that no Federal financial assistance to which this regulation applies will thereafter be extended to the applicant or recipient determined by such decision to be in default in its performance of an assurance given by it pursuant to this part, or to have otherwise failed to comply with this part, unless and until it corrects its noncompliance and satisfies the Secretary that it will fully comply with this part. 
(g) Post termination proceedings. (1) 
An applicant or recipient adversely affected by an order issued under paragraph (f) of this section shall be restored to full eligibility to receive Federal financial assistance if it satisfies the terms and conditions of that order for such eligibility or if it brings itself into compliance with this part and provides reasonable assurance that it will fully comply with this part. 
(2) Any applicant or recipient 
adversely affected by an order entered pursuant to paragraph (f) of this section may at any time request the Secretary to restore fully its eligibility to receive Federal financial assistance. Any such request shall be supported by information showing that the applicant or recipient has met the requirements of paragraph (g)(1) of this section. If the Secretary determines that those requirements have been satisfied, he or she shall restore such eligibility. 
(3) If the Secretary denies any such 
request, the applicant or recipient may submit a request for a hearing in writing, specifying why it believes such official to have been in error. It shall thereupon be given an expeditious hearing, with a decision on the record in accordance with rules or procedures issued by the Secretary. The applicant or recipient will be restored to such eligibility if it proves at such a hearing that it satisfied the requirements of paragraph (g)(1) of this section. While proceedings under this paragraph are pending, the sanctions imposed by the order issued under paragraph (f) of this section shall remain in effect. 
Kody Kinsley, 
Assistant Secretary for Management. 
[FR Doc. 2016–31236 Filed 12–30–16; 8:45 am] 
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ENVIRONMENTAL PROTECTION 
AGENCY 
40 CFR Part 721 
[EPA–HQ–OPPT–2015–0810; FRL–9955–71] 
Significant New Use Rule on Certain 
Chemical Substances; Reopening of Comment Period 
AGENCY : Environmental Protection 
Agency (EPA). 
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ACTION : Proposed rule; reopening of 
comment period. 
SUMMARY : EPA issued a proposed rule in 
the Federal Register of October 27, 2016 
proposing significant new use rules 
(SNURs) under the Toxic Substances Control Act (TSCA) for three chemical substances which were the subject of premanufacture notices (PMNs). This document reopens the comment period for 60 days. A commenter requested additional time to submit written comments for the proposed rule. EPA believes that the request is reasonable and is therefore reopening the comment period in order to give all interested persons the opportunity to comment fully 
DATES : Comments on the proposed rule 
published in the Federal Register of October 27, 2016 (81 FR 74755), identified by docket identification (ID) number EPA–HQ–OPPT–2015–0810, must be received on or before March 6, 2017. 
ADDRESSES : Submit your comments, 
identified by docket identification (ID) number EPA–HQ–OPPT–2015–0810, by 
one of the following methods: •Federal eRulemaking Portal: http:// 
www.regulations.gov. Follow the online 
instructions for submitting comments. 
Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. 
•Mail: Document Control Office 
(7407M), Office of Pollution Prevention and Toxics (OPPT), Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460–0001. 
•Hand Delivery: To make special 
arrangements for hand delivery or delivery of boxed information, please follow the instructions at http://www.epa.gov/dockets/contacts.html. 
Additional instructions on 
commenting or visiting the docket, along with more information about dockets generally, is 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: (202) 564–9232; email 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; email address: TSCA-Hotline@epa.gov. 
SUPPLEMENTARY INFORMATION : This 
document reopens the public comment period established in the Federal Register document of October 27, 2016. 
In that document, EPA proposed SNURs under the TSCA for three chemical 
substances which were the subject of PMNs. EPA is hereby reopening the comment period for 60 days. 
To submit comments, or access the 
docket, please follow the detailed instructions provided under 
ADDRESSES . 
If you have questions, consult the technical person listed under 
FOR 
FURTHER INFORMATION CONTACT . 
Authority: 15 U.S.C. 2604, 2607, and 
2625(c). 
Dated: December 5, 2016. 
Maria J. Doa, 
Director, Chemical Control Division, Office 
of Pollution Prevention and Toxics. 
[FR Doc. 2016–29755 Filed 12–30–16; 8:45 am] 
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