66276 Federal Register / Vol. 78, No. 214 / Tuesday, November 5, 2013 / Rules and Regulations 

Executive Orders 12866 and 13563 

Regulatory Impact Analysis 

Under Executive Order 12866, the 

Secretary must determine whether this 

regulatory action is ‘‘significant’’ and, 

therefore, subject to the requirements of 

the Executive order and subject to 

review by the Office of Management and 

Budget (OMB). Section 3(f) of Executive 

Order 12866 defines a ‘‘significant 

regulatory action’’ as an action likely to 

result in a rule that may— 

(1) Have an annual effect on the 

economy of $100 million or more, or 

adversely affect a sector of the economy, 

productivity, competition, jobs, the 

environment, public health or safety, or 

State, local, or tribal governments or 

communities in a material way (also 

referred to as an ‘‘economically 

significant’’ rule); 

(2) Create serious inconsistency or 

otherwise interfere with an action taken 

or planned by another agency; 

(3) Materially alter the budgetary 

impacts of entitlement grants, user fees, 

or loan programs or the rights and 

obligations of recipients thereof; or 

(4) Raise novel legal or policy issues 

arising out of legal mandates, the 

President’s priorities, or the principles 

set forth in the Executive order. 

This final regulatory action is not a 

significant regulatory action subject to 

review by OMB under section 3(f) of 

Executive Order 12866. 

We have also reviewed this final 

regulatory action under Executive Order 

13563, which supplements and 

explicitly reaffirms the principles, 

structures, and definitions governing 

regulatory review established in 

Executive Order 12866. To the extent 

permitted by law, Executive Order 

13563 requires that an agency— 

(1) Propose or adopt regulations only 

upon a reasoned determination that 

their benefits justify their costs 

(recognizing that some benefits and 

costs are difficult to quantify); 

(2) Tailor its regulations to impose the 

least burden on society, consistent with 

obtaining regulatory objectives and 

taking into account—among other things 

and to the extent practicable—the costs 

of cumulative regulations; 

(3) In choosing among alternative 

regulatory approaches, select those 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety, 

and other advantages; distributive 

impacts; and equity); 

(4) To the extent feasible, specify 

performance objectives, rather than the 

behavior or manner of compliance a 

regulated entity must adopt; and 

(5) Identify and assess available 

alternatives to direct regulation, 

including economic incentives—such as 

user fees or marketable permits—to 

encourage the desired behavior, or 

provide information that enables the 

public to make choices. 

Executive Order 13563 also requires 

an agency ‘‘to use the best available 

techniques to quantify anticipated 

present and future benefits and costs as 

accurately as possible.’’ The Office of 

Information and Regulatory Affairs of 

OMB has emphasized that these 

techniques may include ‘‘identifying 

changing future compliance costs that 

might result from technological 

innovation or anticipated behavioral 

changes.’’ 

We are issuing this final priority only 

on a reasoned determination that its 

benefits justify its costs. In choosing 

among alternative regulatory 

approaches, we selected those 

approaches that maximize net benefits. 

Based on the analysis that follows, the 

Department believes that this regulatory 

action is consistent with the principles 

in Executive Order 13563. 

We also have determined that this 

regulatory action does not unduly 

interfere with State, local, and tribal 

governments in the exercise of their 

governmental functions. 

In accordance with both Executive 

orders, the Department has assessed the 

potential costs and benefits, both 

quantitative and qualitative, of this 

regulatory action. The potential costs 

are those resulting from statutory 

requirements and those we have 

determined as necessary for 

administering the Department’s 

programs and activities. The benefits of 

the Rehabilitation Long-Term Training 

program have been well established 

over the years through the successful 

completion of similar projects. Grants to 

provide funding for scholars to acquire 

master’s degrees in VR counseling are 

needed to ensure that State VR agencies 

and related agencies have a supply of 

qualified VR counselors with the skills 

to assist individuals with disabilities to 

achieve employment in today’s 

economy. 

Intergovernmental Review: This 

program is subject to Executive Order 

12372 and the regulations in 34 CFR 

part 79. One of the objectives of the 

Executive order is to foster an 

intergovernmental partnership and a 

strengthened federalism. The Executive 

order relies on processes developed by 

State and local governments for 

coordination and review of proposed 

Federal financial assistance. 

This document provides early 

notification of our specific plans and 

actions for this program. 

Accessible Format: Individuals with 

disabilities can obtain this document in 

an accessible format (e.g., braille, large 

print, audiotape, or compact disc) by 

contacting the Grants and Contracts 

Services Team, U.S. Department of 

Education, 400 Maryland Avenue SW., 

Room 5075, PCP, Washington, DC 

20202–2550. Telephone: (202) 245– 

7363. If you use a TDD or a TTY, call 

the FRS, toll free, at 1–800–877–8339. 

Electronic Access to This Document: 

The official version of this document is 

the document published in the Federal 

Register. Free Internet access to the 

official edition of the Federal Register 

and the Code of Federal Regulations is 

available via the Federal Digital System 

at: www.gpo.gov/fdsys. At this site you 

can view this document, as well as all 

other documents of this Department 

published in the Federal Register, in 

text or Adobe Portable Document 

Format (PDF). To use PDF you must 

have Adobe Acrobat Reader, which is 

available free at the site. 

You may also access documents of the 

Department published in the Federal 

Register by using the article search 

feature at: www.federalregister.gov. 

Specifically, through the advanced 

search feature at this site, you can limit 

your search to documents published by 

the Department. 

Dated: October 30, 2013. 

Michael K. Yudin, 

Acting Assistant Secretary for Special 

Education and Rehabilitative Services. 

[FR Doc. 2013–26500 Filed 11–4–13; 8:45 am] 

BILLING CODE 4000–01–P 

LIBRARY OF CONGRESS 

Copyright Royalty Board 

37 CFR Part 384 

[Docket No. 2012–1 CRB Business 

Establishments II] 

Determination of Rates and Terms for 

Business Establishment Services 

AGENCY: Copyright Royalty Board, 

Library of Congress. 

ACTION: Final rule. 

SUMMARY: The Copyright Royalty Judges 

are publishing final regulations setting 

the rates and terms for the making of an 

ephemeral recording of a sound 

recording by a business establishment 

service for the period January 1, 2014, 

through December 31, 2018. 

DATES: Effective date: January 1, 2014. 


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Federal Register / Vol. 78, No. 214 / Tuesday, November 5, 2013 / Rules and Regulations 66277 

1The Judges commenced a proceeding in 2007, as 

directed by section 804(b)(2) of the Copyright Act, 

and published final regulations in the Federal 

Register on March 27, 2008. 73 FR 16199. 

Therefore, commencement of the next proceeding— 

the current proceeding—was to occur in January 

2012. 17 U.S.C. 804(b)(2). 

FOR FURTHER INFORMATION CONTACT: 

Richard Strasser, Senior Attorney, or 

Gina Giuffreda, Attorney Advisor. 

Telephone: (202) 707–8658. Email: crb@

loc.gov. 

SUPPLEMENTARY INFORMATION: In 1995, 

Congress enacted the Digital 

Performance in Sound Recordings Act, 

Public Law 104–39, which created an 

exclusive right for copyright owners of 

sound recordings, subject to certain 

limitations, to perform publicly sound 

recordings by means of certain digital 

audio transmissions. Among the 

limitations on the performance right 

was the creation of a statutory license 

for nonexempt, noninteractive digital 

subscription transmissions. 17 U.S.C. 

114(d). 

Congress expanded the scope of the 

section 114 statutory license in the 

Digital Millennium Copyright Act of 

1998 (DMCA), Public Law 105–34. The 

DMCA authorizes the public 

performance of a sound recording when 

the sound recording is made by a 

preexisting satellite digital audio radio 

service or as part of an eligible 

nonsubscription transmission in 

accordance with the terms and rates of 

the statutory license. See 17 U.S.C. 

114(d). The DMCA also created a 

statutory license for the making of an 

‘‘ephemeral recording’’ of a sound 

recording by certain transmitting 

organizations. 17 U.S.C. 112(e). This 

license allows entities that transmit 

performances of sound recordings to 

business establishments, pursuant to the 

limitations set forth in section 

114(d)(1)(C)(iv), to make an ephemeral 

recording to facilitate transmission of a 

public performance of a sound 

recording. Id. The license also provides 

a means by which a transmitting entity 

with a statutory license under section 

114(f) can make more than one 

phonorecord permitted under the 

exemption set forth in section 112(a). Id. 

The Copyright Act requires the 

Copyright Royalty Judges (Judges) to 

conduct proceedings every five years to 

determine the rates and terms for ‘‘the 

activities described in section 112(e)(1) 

relating to the limitation on exclusive 

rights specified by section 

114(d)(1)(C)(iv).’’ 17 U.S.C. 801(b)(1), 

804(b)(2).1 Thus, the Judges, in 

accordance with 17 U.S.C. 804(b)(2), 

published a notice in the Federal 

Register commencing the current 

proceeding to set rates and terms for the 

section 112(e) license and requesting 

interested parties to submit their 

petitions to participate. 77 FR 133 (Jan. 

3, 2012). In response to the notice, the 

Judges received petitions to participate 

from: Pandora Media, Inc.; Music 

Choice; DMX, Inc.; Muzak, LLC; Music 

Reports, Inc.; Clear Channel 

Broadcasting, Inc.; SoundExchange, 

Inc.; and Sirius XM Radio, Inc. The 

Judges set the timetable for the threemonth negotiation period, see 17 U.S.C. 

803(b)(3), as well as a deadline of 

November 16, 2012, for the participants’ 

submission of written direct statements. 

Subsequently, the Judges granted the 

participants’ request to extend the 

deadline to November 29, 2012, in order 

to allow the participants to finalize a 

settlement agreement. See Order 

Granting Joint Motion for Extension of 

Time for Filing Written Direct 

Statements, Docket No. 2012–1 CRB 

Business Establishments II (Nov. 14, 

2012). On November 29, 2012, the 

Judges received a Motion to Adopt 

Settlement stating that all participants 

had reached a settlement obviating the 

need for a hearing. 

Section 801(b)(7)(A) of the Copyright 

Act authorizes the Judges to adopt rates 

and terms negotiated by ‘‘some or all of 

the participants in a proceeding at any 

time during the proceeding’’ provided 

they are submitted to the Judges for 

approval. This section provides in part 

that the Judges must provide to both 

non-participants and participants to the 

rate proceeding who ‘‘would be bound 

by the terms, rates, or other 

determination set by any agreement 

* * * an opportunity to comment on 

the agreement.’’ 17 U.S.C. 

801(b)(7)(A)(i). Participants to the 

proceeding may also ‘‘object to [the 

agreement’s] adoption as a basis for 

statutory terms and rates.’’ Id. 

The Judges ‘‘may decline to adopt the 

agreement as a basis for statutory terms 

and rates for participants that are not 

parties to the agreement,’’ only ‘‘if any 

participant [to the proceeding] objects to 

the agreement and the [Judges] 

conclude, based on the record before 

them if one exists, that the agreement 

does not provide a reasonable basis for 

setting statutory terms or rates.’’ 17 

U.S.C. 801(b)(7)(A)(ii). Accordingly, on 

July 19, 2013, the Judges published a 

notice requesting comment on the 

proposed rates and terms. 78 FR 43094. 

The Judges received no comments or 

objections in response to the July 19 

notice. 

Having received no comments or 

objections to the proposal, the Judges, 

by this notice, are adopting as final 

regulations the rates and terms for the 

making of an ephemeral recording by a 

business establishment service for the 

period January 1, 2014, through 

December 31, 2018. 

List of Subjects in 37 CFR Part 384 

Copyright, Digital audio 

transmissions, Ephemeral recordings, 

Performance right, Sound recordings. 

Final Regulations 

For the reasons set forth in the 

preamble, the Copyright Royalty Judges 

amend Part 384 of Chapter III of title 37 

of the Code of Federal Regulations as 

follows: 

PART 384—RATES AND TERMS FOR 

THE MAKING OF EPHEMERAL 

RECORDINGS BY BUSINESS 

ESTABLISHMENT SERVICES 

■ 1. The authority citation for part 384 

continues to read as follows: 

Authority: 17 U.S.C. 112(e), 801(b)(1). 

§ 384.1 [Amended] 

■ 2. Section 384.1 is amended as 

follows: 

■ a. In paragraph (a), by removing 

‘‘§ 384.2(a)’’ and adding ‘‘§ 384.2’’ in its 

place, and by removing ‘‘2009–2013’’ 

and adding ‘‘January 1, 2014, through 

December 31, 2018’’ in its place; 

■ b. In paragraph (b), by removing 

‘‘licenses set forth in 17 U.S.C. 112’’ and 

adding ‘‘license set forth in 17 U.S.C. 

112(e)’’ in its place; and 

■ c. In paragraph (c), by removing 

‘‘services’’ and adding ‘‘Licensees’’ in its 

place. 

■ 3. Section 384.2 is amended by 

revising the definition for ‘‘Copyright 

Owner’’ to read as follows: 

§ 384.2 Definitions. 

* * * * * 

Copyright Owners are sound 

recording copyright owners who are 

entitled to royalty payments made 

under this part pursuant to the statutory 

license under 17 U.S.C. 112(e). 

* * * * * 

§ 384.3 [Amended] 

■ 4. Section 384.3 is amended as 

follows: 

■ a. In paragraph (a), by removing 

‘‘service pursuant to the limitation on 

exclusive rights specified by 17 U.S.C. 

114(d)(1)(C)(iv)’’ and adding ‘‘Business 

Establishment Service’’ in its place and 

removing ‘‘10%’’ and adding ‘‘12.5%’’ 

in its place; and 

■ b. In paragraph (b), by removing 

‘‘$10,000 for each calendar year’’ and 

adding ‘‘$10,000 for each calendar year 

of the License Period’’ in its place. 

■ 5. Section 384.4 is amended as 

follows: 


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66278 Federal Register / Vol. 78, No. 214 / Tuesday, November 5, 2013 / Rules and Regulations 

■ a. By revising the paragraph heading 

for paragraph (a); 

■ b. In paragraph (b)(2)(i), by removing 

‘‘condition precedent in paragraph (b)(2) 

of this section’’ and adding ‘‘condition 

precedent in this paragraph (b)(2)’’ in its 

place, and by removing ‘‘authorized 

such Collective’’ and adding 

‘‘authorized the Collective’’ in its place; 

■ c. By revising paragraphs (c) through 

(e); 

■ d. By revising introductory text of 

paragraph (f); 

■ e. In paragraph (f)(2), by removing 

‘‘facsimile number’’ and adding 

‘‘facsimile number (if any)’’ in its place, 

and by removing ‘‘individual or 

individuals’’ and adding ‘‘person’’ in its 

place; 

■ f. In paragraph (f)(3), by removing 

‘‘handwritten’’; 

■ g. In paragraph (f)(3)(i), by removing 

‘‘a corporation’’ and adding 

‘‘corporation’’ in its place; 

■ h. In paragraph (f)(6), by removing ‘‘a 

corporation’’ and adding ‘‘corporation’’ 

in its place; 

■ i. In paragraph (f)(8), by removing ‘‘if 

the Licensee is a corporation or 

partnership,’’; 

■ j. By revising paragraphs (g) and (h); 

and 

■ k. By removing paragraph (i). 

The revisions read as follows: 

§ 384.4 Terms for making payment of 

royalty fees and statements of account. 

(a) Payment to the Collective. * * * 

* * * * * 

(c) Monthly payments. A Licensee 

shall make any payments due under 

§ 384.3(a) on a monthly basis on or 

before the 45th day after the end of each 

month for that month. All monthly 

payments shall be rounded to the 

nearest cent. 

(d) Minimum payments. A Licensee 

shall make any minimum payment due 

under § 384.3(b) by January 31 of the 

applicable calendar year, except that 

payment by a Licensee that has not 

previously made Ephemeral Recordings 

pursuant to the license under 17 U.S.C. 

112(e) shall be due by the 45th day after 

the end of the month in which the 

Licensee commences to do so. 

(e) Late payments. A Licensee shall 

pay a late fee of 1.0% per month, or the 

highest lawful rate, whichever is lower, 

if either or both a required payment or 

statement of account for a required 

payment is received by the Collective 

after the due date. Late fees shall accrue 

from the due date until both the 

payment and statement of account are 

received by the Collective. 

(f) Statements of account. For any part 

of the License Period during which a 

Licensee operates a Business 

Establishment Service, at the time when 

a minimum payment is due under 

paragraph (d) of this section, and by 45 

days after the end of each month during 

the period, the Licensee shall deliver to 

the Collective a statement of account 

containing the information set forth set 

forth in this paragraph (f) on a form 

prepared, and made available to 

Licensees, by the Collective. In the case 

of a minimum payment, or if a payment 

is owed for such month, the statement 

of account shall accompany the 

payment. A statement of account shall 

contain only the following information: 

* * * * * 

(g) Distribution of royalties. (1) The 

Collective shall promptly distribute 

royalties received from Licensees 

directly to Copyright Owners, or their 

designated agents, that are entitled to 

such royalties. The Collective shall only 

be responsible for making distributions 

to those Copyright Owners or their 

designated agents who provide the 

Collective with such information as is 

necessary to identify the correct 

recipient. The Collective shall distribute 

royalties on a basis that values all 

Ephemeral Recordings by a Licensee 

equally based upon the information 

provided under the reports of use 

requirements for Licensees contained in 

§ 370.4 of this chapter. 

(2) If the Collective is unable to locate 

a Copyright Owner entitled to a 

distribution of royalties under 

paragraph (g)(1) of this section within 3 

years from the date of payment by a 

Licensee, such royalties shall be 

handled in accordance with § 384.8. 

(h) Retention of records. Books and 

records of a Licensee and of the 

Collective relating to payments of and 

distributions of royalties shall be kept 

for a period of not less than the prior 3 

calendar years. 

§ 384.5 [Amended] 

■ 6. Section 384.5 is amended as 

follows: 

■ a. In paragraph (a), by removing 

‘‘part’’ and adding ‘‘section’’ in its place, 

and by removing ‘‘account, any 

information’’ and adding ‘‘account and 

any information’’ in its place; 

■ b. In paragraph (b), by removing ‘‘The 

Collective shall have’’ and adding ‘‘The 

party claiming the benefit of this 

provision shall have’’ in its place; 

■ c. In paragraph (c), by removing 

‘‘activities directly related thereto’’ and 

adding ‘‘activities related directly 

thereto’’ in its place; 

■ d. In paragraph (d)(1), by removing 

‘‘work, require access to the records’’ 

and adding ‘‘work require access to 

Confidential Information’’ in its place; 

■ e. In paragraph (d)(2), by removing 

‘‘Collective committees’’ and adding 

‘‘the Collective committees’’ in its place, 

and by removing ‘‘confidential 

information’’ and adding ‘‘Confidential 

Information’’ in its place each place it 

appears; 

■ f. In paragraph (d)(3), by removing 

‘‘respect to the verification of a 

Licensee’s royalty payments’’ and 

adding ‘‘respect to verification of a 

Licensee’s statement of account’’ in its 

place; 

■ g. In paragraph (d)(4), by removing 

‘‘Copyright owners whose works’’ and 

adding ‘‘Copyright Owners, including 

their designated agents, whose works’’ 

in its place, by removing ‘‘, or agents 

thereof’’, and by removing ‘‘confidential 

information’’ and adding ‘‘Confidential 

Information’’ in its place; and 

■ h. In paragraph (e), by removing ‘‘to 

safeguard all Confidential Information’’ 

and adding ‘‘to safeguard against 

unauthorized access to or dissemination 

of any Confidential Information’’ in its 

place, and by removing ‘‘belonging to 

such Collective’’ and adding ‘‘belonging 

to the Collective’’ in its place. 

■ 7. Section 384.6 is amended by 

revising paragraph (d) to read as 

follows: 

§ 384.6 Verification of royalty payments. 

* * * * * 

(d) Acquisition and retention of 

report. The Licensee shall use 

commercially reasonable efforts to 

obtain or to provide access to any 

relevant books and records maintained 

by third parties for the purpose of the 

audit. The Collective shall retain the 

report of the verification for a period of 

not less than 3 years. 

* * * * * 

■ 8. Section 384.7 is amended as 

follows: 

■ a. In paragraph (a), by removing 

‘‘Provided’’ and adding ‘‘provided’’ in 

its place; and 

■ b. By revising paragraph (d). 

The revision reads as follows: 

§ 384.7 Verification of royalty 

distributions. 

* * * * * 

(d) Acquisition and retention of 

record. The Collective shall use 

commercially reasonable efforts to 

obtain or to provide access to any 

relevant books and records maintained 

by third parties for the purpose of the 

audit. The Copyright Owner requesting 

the verification procedure shall retain 

the report of the verification for a period 

of not less than 3 years. 

* * * * * 

■ 9. Section 384.8 is revised to read as 

follows: 


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Federal Register / Vol. 78, No. 214 / Tuesday, November 5, 2013 / Rules and Regulations 66279 

§ 384.8 Unclaimed funds. 

If the Collective is unable to identify 

or locate a Copyright Owner who is 

entitled to receive a royalty distribution 

under this part, the Collective shall 

retain the required payment in a 

segregated trust account for a period of 

3 years from the date of distribution. No 

claim to such distribution shall be valid 

after the expiration of the 3-year period. 

After expiration of this period, the 

Collective may apply the unclaimed 

funds to offset any costs deductible 

under 17 U.S.C. 114(g)(3). The foregoing 

shall apply notwithstanding the 

common law or statutes of any State. 

Dated: September 18, 2013. 

Suzanne M. Barnett, 

Chief Copyright Royalty Judge. 

Approved by: 

James H. Billington, 

Librarian of Congress. 

[FR Doc. 2013–26382 Filed 11–4–13; 8:45 am] 

BILLING CODE 1410–72–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 9 and 721 

[EPA–HQ–OPPT–2013–0399; FRL–9902–16] 

RIN 2070–AB27 

Significant New Use Rules on Certain 

Chemical Substances; Removal of 

Significant New Use Rules 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is removing significant 

new use rules (SNURs) promulgated 

under the Toxic Substances Control Act 

(TSCA) for chemical substances 

identified as alkanes, C21–34— 

branched and linear, chloro; alkanes, 

C22–30—branched and linear, chloro; 

and alkanes, C24–28, chloro, which 

were the subject of premanufacture 

notices (PMNs) P–12–539, P–13–107, 

and P–13–109, respectively. EPA 

published these SNURs using direct 

final rulemaking procedures. EPA 

received a notice of intent to submit 

adverse comments on the rules. 

Therefore, the Agency is removing these 

SNURs, as required under the expedited 

SNUR rulemaking process. EPA intends 

to publish in the near future proposed 

SNURs for these three chemical 

substances under separate notice and 

comment procedures. 

DATES: This final rule is effective 

November 5, 2013. 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPPT–2013–0399, 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: 

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:

I. Does this action apply to me? 

A list of potentially affected entities is 

provided in the Federal Register of 

August 7, 2013 (78 FR 48051) (FRL– 

9393–4). 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 rules are being removed? 

In the Federal Register of August 7, 

2013 (78 FR 48051), EPA issued several 

direct final SNURs, including SNURs 

for the chemical substances that are the 

subject of this removal. These direct 

final rules were issued pursuant to the 

procedures in 40 CFR part 721, subpart 

D. In accordance with § 721.160(c)(3)(ii), 

EPA is removing the rules issued for 

chemical substances identified as 

alkanes, C21–34—branched and linear, 

chloro; alkanes, C22–30—branched and 

linear, chloro; and alkanes, C24–28, 

chloro, which were the subject of PMNs 

P–12–539, P–13–107, and P–13–109, 

respectively, because the Agency 

received a notice of intent to submit 

adverse comments. EPA intends to 

publish proposed SNURs for these 

chemical substances under separate 

notice and comment procedures. 

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 substances that 

are being removed was established at 

EPA–HQ–OPPT–2013–0399. That 

record includes information considered 

by the Agency in developing this rule 

and the notice of intent to submit 

adverse comments. 

III. Statutory and Executive Order 

Reviews 

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 removal 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 of August 7, 2013 

(78 FR 48051). Those review 

requirements do not apply to this action 

because it is a removal and does not 

contain any new or amended 

requirements. 

IV. 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). 

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: October 28, 2013. 

Maria J. Doa, 

Director, Chemical Control Division, Office 

of Pollution Prevention and Toxics. 

Therefore, 40 CFR parts 9 and 721 are 

amended as follows: 

PART 9—[AMENDED] 

■ 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, 


wreier-aviles on DSK5TPTVN1PROD with RULES