38104 Federal Register / Vol. 81, No. 113 / Monday, June 13, 2016 / Rules and Regulations 

This action directly regulates growers, 

food processors, food handlers, and food 

retailers, not States or tribes, nor does 

this action alter the relationships or 

distribution of power and 

responsibilities established by Congress 

in the preemption provisions of FFDCA 

section 408(n)(4). As such, the Agency 

has determined that this action will not 

have a substantial direct effect on States 

or tribal governments, on the 

relationship between the national 

government and the States or tribal 

governments, or on the distribution of 

power and responsibilities among the 

various levels of government or between 

the Federal Government and Indian 

tribes. Thus, the Agency has determined 

that Executive Order 13132, entitled 

‘‘Federalism’’ (64 FR 43255, August 10, 

1999) and Executive Order 13175, 

entitled ‘‘Consultation and Coordination 

with Indian Tribal Governments’’ (65 FR 

67249, November 9, 2000) do not apply 

to this action. In addition, this action 

does not impose any enforceable duty or 

contain any unfunded mandate as 

described under Title II of the Unfunded 

Mandates Reform Act (UMRA) (2 U.S.C. 

1501 et seq.). 

This action does not involve any 

technical standards that would require 

Agency consideration of voluntary 

consensus standards pursuant to section 

12(d) of the National Technology 

Transfer and Advancement Act 

(NTTAA) (15 U.S.C. 272 note). 

VIII. Congressional Review Act 

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 in 40 CFR Part 180 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: June 1, 2016. 

Susan Lewis, 

Director, Registration Division, Office of 

Pesticide Programs. 

Therefore, 40 CFR chapter I is 

amended as follows: 

PART 180—[AMENDED] 

■ 1. The authority citation for part 180 

continues to read as follows: 

Authority: 21 U.S.C. 321(q), 346a and 371. 

■ 2. In § 180.910 add alphabetically the 

inert ingredients to the table to read as 

follows: 

§ 180.910 Inert ingredients used pre- and 

post-harvest; exemptions from the 

requirement of a tolerance. 

* * * * * 

Inert ingredients Limits Uses 

*******

D-glucurono-6-deoxy-L-manno-D-glucan, acetate, calcium magnesium potassium sodium salt (diutan gum) (CAS Reg. No. 595585–15–2)................. Stabilizer/suspension agent. 

* * * * * * * 

■ 3. In § 180.940(a) add alphabetically 

the inert ingredients to the table to read 

as follows: 

§ 180.940 Tolerance exemptions for active 

and inert ingredients for use in 

antimicrobial formulations (Food contact 

surface sanitizing solutions). 

* * * * * 

(a) * * * 

Pesticide chemical CAS Registration No. Limits 

*******

D-glucurono-6-deoxy-L-manno-D-glucan, acetate, calcium magnesium 

potassium sodium salt (diutan gum).

(CAS No. 595585–15–2) ............... None. 

* * * * * * * 

* * * * * 

[FR Doc. 2016–13805 Filed 6–10–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 370 

[EPA–HQ–SFUND–2010–0763; FRL 9945– 

07–OLEM] 

RIN 2050–AG85 

Hazardous Chemical Reporting: 

Community Right-to-Know; Revisions 

to Hazard Categories and Minor 

Corrections 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; technical 

amendment. 

SUMMARY: The Environmental Protection 

Agency (EPA or the Agency) is 

amending its hazardous chemical 

reporting regulations due to the changes 

in the Occupational Safety and Health 

Administration (OSHA) Hazard 

Communication Standard (HCS). 

OSHA’s HCS was recently revised to 

conform to the United Nations Globally 

Harmonized System of Classification 

and Labeling of Chemicals (GHS). Under 

the revised HCS, chemical 

manufacturers and importers are 

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Federal Register / Vol. 81, No. 113 / Monday, June 13, 2016 / Rules and Regulations 38105 

required to evaluate their chemicals 

according to the new criteria adopted 

from GHS to ensure that they are 

classified and labeled appropriately. 

Manufacturers and importers are also 

required to develop standardized Safety 

Data Sheets (formerly known as 

‘‘Material Safety Data Sheets’’) and 

distribute them to downstream users of 

their chemicals. These changes in HCS 

affect the reporting requirements under 

sections 311 and 312 of the Emergency 

Planning and Community Right-toKnow Act (EPCRA). Based on the new 

classification criteria that OSHA 

adopted, EPA is revising the existing 

hazard categories for hazardous 

chemical inventory form reporting 

under EPCRA Section 312 and for list 

reporting under section 311. In this 

action, EPA is also making a few minor 

corrections in the hazardous chemical 

reporting regulations. 

DATES: Effective Date: This final rule is 

effective June 13, 2016. 

Compliance Date: The compliance 

date is January 1, 2018. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–SFUND–2010–0763. All 

documents in the docket are listed on 

the http://www.regulations.gov Web 

site. Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

(CBI) or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

http://www.regulations.gov or in hard 

copy at the Superfund Docket, EPA/DC, 

EPA West, Room 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 

Superfund Docket is (202) 566–0270. 

FOR FURTHER INFORMATION CONTACT: Sicy 

Jacob, Office of Emergency 

Management, Mail Code 5104A, 

Environmental Protection Agency, 1200 

Pennsylvania Avenue NW, Washington 

DC 20004; telephone number: (202) 

564–8019; email address: jacob.sicy@

epa.gov. Also contact the Superfund, 

TRI, EPCRA, RMP and Oil Information 

Center at (800) 424–9346 or (703) 412– 

9810 (in the Washington, DC 

metropolitan area). The 

Telecommunications Device for the Deaf 

(TDD) number is (800) 553–7672 or 

(703) 412–3323 (in the Washington, DC 

metropolitan area.) You may wish to 

visit the Office of Emergency 

Management (OEM) Internet site at 

http://www.epa.gov/emergencies. 

SUPPLEMENTARY INFORMATION: 

I. Background 

EPA is amending its hazardous 

chemical reporting regulations at 40 

CFR part 370 to conform to the revisions 

of OSHA’s HCS due its adoption of the 

GHS classification and labeling of 

chemicals. The Occupational and Safety 

and Health Administration published a 

final rule to revise the HCS on March 

26, 2012 (77 FR 17574), codified in 29 

CFR 1910.1200. Among the recent HCS 

modifications, the classification of 

chemicals adopted from GHS affect the 

reporting requirements under EPCRA 

Sections 311 and 312. OSHA’s HCS 

adopted certain terms used in GHS 

provisions, such as ‘‘Safety Data Sheet 

(SDS)’’ instead of the term ‘‘Material 

Safety Data Sheet (MSDS).’’ EPCRA 

Sections 311 and 312 and the 

implementing regulations use the term 

‘‘Material Safety Data Sheet (MSDS).’’ In 

this action, EPA is also revising the 

regulations to use both terms and their 

acronyms as they have the same 

meaning. This action is also making 

some minor corrections in the 

regulations at 40 CFR part 370. EPA 

anticipates that closer correlation with 

the OSHA HCS and GHS will provide 

greater clarification to the regulated 

community and facilitate emergency 

planning. 

II. Revisions to Hazard Categories 

Sections 311 and 312 of the 

Emergency Planning and Community 

Right-to-Know Act (EPCRA) and its 

implementing regulations at 40 CFR part 

370 apply to the owners and operators 

of facilities required to prepare or have 

a MSDS for any hazardous chemical 

defined under OSHA and its 

implementing regulations. EPCRA 

Section 311(e) defines the term 

‘‘hazardous chemical’’ to be the same 

meaning as it is given in 29 CFR 

1910.1200(c), except for certain 

substances exempted in EPCRA Section 

311(e). 

Section 311 of EPCRA requires 

facilities to submit MSDSs of hazardous 

chemicals or a list of hazardous 

chemicals grouped into categories of 

physical and health hazards as defined 

in OSHA’s HCS to the State Emergency 

Response Commission (SERC), Local 

Emergency Planning Committee (LEPC) 

and the local fire department with 

jurisdiction over the facility. Section 

312 of EPCRA requires these facilities to 

submit an emergency and hazardous 

chemical inventory form to the SERC, 

LEPC, and the local fire department, 

annually by March 1. The inventory 

form provides the physical or health 

hazard of each hazardous chemical as 

well as the locations and quantities 

present at the facility during the 

previous calendar year. There are two 

reporting tiers, Tier I and Tier II. Tier I 

inventory forms provide only general 

information on hazardous chemicals. 

Tier II inventory forms provide specific 

information on each hazardous 

chemical, which is used by many LEPCs 

for developing or modifying their local 

emergency response plans. Currently, 

all states require facilities to submit the 

federal Tier II form or the form 

developed by the states, including 

electronic reporting and submission. 

The regulations including the 

information required on the Tier I and 

Tier II inventory forms were first 

promulgated in 1987 and are codified in 

40 CFR part 370. 

As stated earlier in this document, the 

statute specifies that the list reporting 

under section 311 and the inventory 

reporting under section 312 should be 

based on the physical and health 

hazards established under OSHA 

regulations. Sections 311 and 312 also 

provide that EPA may modify the 

physical and health hazards set forth 

under the Occupational Safety and 

Health Act and regulations promulgated 

under that Act. Accordingly, in 1987, 

EPA modified OSHA’s 23 physical and 

health hazards into five hazard 

categories (three physical and two 

health hazard categories) for facilities to 

use for reporting under sections 311 and 

312. These categories are defined 

currently in the regulations at 40 CFR 

370.66. Facilities have been using these 

five hazard categories since 1987 to 

report under sections 311 and 312. 

Prior to the adoption of the GHS, 

OSHA’s HCS was performance-oriented. 

It established requirements for hazard 

determination but did not provide the 

specific language to convey the 

information or a format in which to 

provide to the users of the chemicals. 

This meant that chemical producers 

were able to use whatever language or 

format they chose to provide the 

necessary information. With the 

adoption of GHS provisions, OSHA’s 

HCS 2012 final rule established 

consistent and standardized hazard 

communication to the users of the 

chemicals, to anyone exposed to the 

chemicals, and to emergency 

responders. 

GHS is a standardized approach for 

classifying chemicals by their health, 

physical and environmental effects and 

communicating this information to 

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38106 Federal Register / Vol. 81, No. 113 / Monday, June 13, 2016 / Rules and Regulations 

downstream users by using consistent 

signal words, pictograms, hazard 

statements, etc., on labels and SDSs. 

GHS establishes a set of criteria and 

provisions that regulatory authorities, 

such as OSHA, can incorporate into 

their existing regulations or standards, 

or use to develop a new system. 

Regulatory authorities are not required 

to adopt all of the criteria that are 

defined in GHS, only those that are 

appropriate to their specific regulations. 

Accordingly, OSHA adopted the 

classification criteria and provisions 

that are appropriate to its existing 

standards for hazard communication for 

labeling and SDSs. The revised HCS 

provisions also include developing 

SDSs using the standardized 16-section 

format with consistent headings 

adopted from GHS. 

The definitions of hazards in GHS are 

more specific, detailed criteria than they 

were in OSHA’s HCS prior to the 2012 

revisions. Under the GHS, each hazard 

is considered to be a hazard class and 

the classes are then generally subdivided into categories of hazard. For 

example, under the original HCS, a 

chemical is either a potential carcinogen 

or it is not. Under the revised HCS, this 

is further divided according to the 

degree of severity of the hazard. That is, 

carcinogenicity has two hazard 

categories. Category 1 includes known 

or presumed human carcinogens, while 

Category 2 includes suspected human 

carcinogens. Category 1 is also subdivided into Category 1A and 1B. Such 

detailed criteria provides more accurate 

hazard determinations and more 

consistency among various suppliers of 

the same chemical. EPA believes that 

such detailed criteria will be valuable to 

emergency planners and responders. 

OSHA also revised the definition of 

the term ‘‘hazardous chemical.’’ Prior to 

March 26, 2012, OSHA’s HCS defined 

the term ‘‘hazardous chemical’’ as any 

chemical which is a physical or health 

hazard. OSHA has revised the definition 

of the term ‘‘hazardous chemical’’ to 

add the term ‘‘classified’’ and to list 

specifically certain hazards already 

covered by HCS but not addressed in 

GHS at the time of the March 2012 final 

rule. The revised definition of 

‘‘hazardous chemical’’ is any chemical 

which is classified as a physical or 

health hazard, a simple asphyxiant, 

combustible dust, pyrophoric gas, or 

hazard not otherwise classified. OSHA 

added the three hazards, simple 

asphyxiant, combustible dust and 

pyrophoric gas, to the definition of 

‘‘hazardous chemical’’ to ensure that the 

regulated community would understand 

that these are still covered under the 

revised HCS. The definition of 

hazardous chemical also includes the 

term ‘‘hazard not otherwise classified’’ 

(HNOC) for those chemicals that do not 

fit into any of the hazard classes 

adopted from GHS. 

Although the physical and health 

hazards in OSHA’s HCS prior to the 

2012 revisions are the same as the 

revised hazards, the descriptions are 

slightly different. See the following 

table for descriptions of physical hazard 

class before and after adopting GHS 

provisions. 

Physical hazards 

(prior to GHS adoption) 

Physical hazards 

(after adoption, revised in 2012) 

Combustible liquid .................................................................................... Flammable (gases, aerosols, liquids, or solids). 

Compressed Gas ...................................................................................... Gas under pressure. 

Explosive .................................................................................................. Explosive. 

Flammable ................................................................................................ Self-heating. 

Pyrophoric ................................................................................................. Pyrophoric (liquid or solid). 

Oxidizer ..................................................................................................... Oxidizer (liquid, solid or gas). 

Organic Peroxide ...................................................................................... Organic peroxide. 

Unstable (Reactive) .................................................................................. Self-reactive. 

Water-Reactive ......................................................................................... In contact with water emits flammable gas. 

Corrosive to metal. 

Hazard Not Otherwise Classified (HNOC). 

The following table lists OSHA HCS 

health hazard class prior to and after 

adoption of GHS provisions. 

Health hazards 

(prior to GHS adoption) 

Health hazards 

(after adoption, revised in 2012) 

Carcinogens .............................................................................................. Carcinogenicity. 

Toxic or highly toxic agents ...................................................................... Acute toxicity (any route of exposure). 

Reproductive toxins .................................................................................. Reproductive toxicity. 

Irritants; Corrosives .................................................................................. Skin Corrosion or Irritation. 

Sensitizers ................................................................................................ Respiratory or Skin Sensitization. 

Agents which damage the lungs, skin, eyes, or mucous membranes .... Serious eye damage or eye irritation. 

Hepatotoxins ............................................................................................. Specific target organ toxicity (single or repeated exposure). 

Nephrotoxins ............................................................................................. Germ cell mutagenicity. 

Neurotoxins ............................................................................................... Aspiration Hazard. 

Agents which act on the hematopoietic system ....................................... Hazard Not Otherwise Classified (HNOC). 

In addition to the hazards listed in the 

previous tables, OSHA specifically 

added the following hazards in the 

March 2012 final rule, simple 

asphyxiant, combustible dust, 

pyrophoric gas, and hazard not 

otherwise classified, to the definition of 

hazardous chemical as mentioned 

earlier in this document. 

Hazardous chemical reporting under 

EPCRA Sections 311 and 312 requires 

facilities to report the physical and 

health hazards of chemicals as 

established under OSHA and its 

regulations. EPCRA provides that EPA 

may modify the OSHA categories as 

necessary. 

Currently, the definition of the term 

‘‘hazard category’’ in the regulations at 

40 CFR 370.66 is the consolidation of 

OSHA’s 23 original hazard categories 

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Federal Register / Vol. 81, No. 113 / Monday, June 13, 2016 / Rules and Regulations 38107 

into five hazard categories. The 

following table lists the physical and 

health hazard categories (consolidated 

from OSHA’s original 23 hazard 

categories) that facilities have been 

using since 1987 to comply with EPCRA 

Sections 311 and 312. 

Physical Hazard 

Fire (Flammable, Combustible liquid, 

Pyrophoric, Oxidizer). 

Sudden Release of Pressure (Explosive, 

Compressed Gas). 

Reactive (Unstable Reactive, Organic Peroxide, Water Reactive). 

Health Hazard (Immediate-Acute) 

Highly Toxic; Toxic; Irritant; Sensitizer; 

Corrosives & other hazardous chemicals 

that cause an adverse effect to a target 

organ and which effect usually occurs rapidly as a result of a short term exposure 

and is of short duration. 

Health Hazard (Delayed-Chronic) 

Carcinogens & other hazardous chemicals 

that cause an adverse effect to a target 

organ and which effect generally occurs as 

a result of long term exposure and is of 

long duration. 

Soon after OSHA’s HCS 2012 final 

rule was published, many stakeholders 

requested EPA adopt physical and 

health hazard classes as they are 

described in the revised HCS. The 

stakeholders expressed that, if the EPA 

adopted these physical and hazard 

classes, it would be less burdensome to 

the regulated community as they would 

only need to copy the chemical hazard 

information from the MSDS (or SDS) 

and implementing agencies could more 

easily compare the hazard information 

provided on each MSDS (or SDS) with 

the information provided on the list of 

hazardous chemicals and the inventory 

form. 

Therefore, EPA has decided to replace 

the existing five hazard categories (Fire, 

Sudden Release of Pressure, Reactive, 

Immediate (Acute) health hazard, 

Delayed (Chronic) health hazard) in 40 

CFR part 370 with each specific hazard 

class listed in the revised OSHA HCS as 

well as the four hazards that GHS did 

not address (simple asphyxiant, 

combustible dust, pyrophoric gas, and 

hazard not otherwise classified). The 

following table lists the physical and 

health hazards that EPA is adopting 

from the revised HCS. 

Physical hazards Health hazards 

Flammable (gases, aerosols, liquids, or solids) Carcinogenicity. 

Gas under pressure Acute toxicity (any route of exposure). 

Explosive Reproductive toxicity. 

Self-heating Skin Corrosion or Irritation. 

Pyrophoric (liquid or solid) Respiratory or Skin Sensitization. 

Oxidizer (liquid, solid or gas) Serious eye damage or eye irritation. 

Organic 

peroxide 

Specific target organ toxicity (single or repeated exposure). 

Self-reactive Aspiration Hazard. 

Pyrophoric gas Germ cell mutagenicity. 

Corrosive to metal Simple Asphyxiant. 

In contact with water emits flammable gas Hazard Not Otherwise Classified (HNOC). 

Combustible Dust 

Hazard Not Otherwise Classified (HNOC) 

The four hazards that are specifically 

listed in the definition of ‘‘hazardous 

chemical’’ in the revised HCS are listed 

in the table as either a physical or health 

hazard. The hazard, HNOC (hazard not 

otherwise classified), would be both a 

physical and health hazard, as listed in 

the previous table. 

Sections 311 and 312 use the term 

‘‘hazard category,’’ so EPA will continue 

to use the term ‘‘hazard category’’ in the 

definition section in 40 CFR 370.66 but 

will replace the five hazard categories 

with those hazards listed in the 

previous table. This technical 

amendment would also delete any 

reference to the consolidated five hazard 

categories in the regulations, 

specifically in sections 370.41 and 

370.42(s)(5). 

The hazard categories on both 

inventory forms (Tier I and Tier II) and 

the instructions to these forms would be 

replaced with the list of physical and 

health hazards as identified in the 

previous table. As mentioned earlier, 

the revised HCS requires chemical 

producers to provide detailed criteria of 

each hazard on the MSDS (or SDS) as 

adopted from GHS. So, in addition to 

the hazards listed in the previous table, 

facilities complying with sections 311 

and 312 may report the detailed criteria 

for each hazard as provided on the SDS, 

which would be beneficial for 

emergency planners and responders. 

EPA will be modifying Tier2 Submit, 

the software developed for reporting 

under section 312, to include the new 

physical and health hazards as well as 

the four specifically listed hazards that 

EPA adopted from OSHA’s revised HCS. 

For states that have their own reporting 

software for section 312, EPA is 

providing flexibility to allow states to 

modify their software by January 1, 

2018. Facilities are required to comply 

with reporting the new physical and 

health hazards on their Tier II inventory 

form for reporting year 2017, by March 

1, 2018. In the meantime, EPA 

encourages facilities to provide the most 

accurate information available on 

potential hazards of each chemical at 

their facility to the SERC, LEPC, and the 

local fire department with jurisdiction 

over the facility. 

Some states may already have 

amended their regulations to include 

the new hazards, consistent with the 

revised HCS, which EPA is finalizing in 

this action. Facilities should contact 

their state for any additional reporting 

and submission requirements. 

III. Other Revisions to 40 CFR Part 370 

As mentioned previously, the OSHA 

HCS adopted some terms used in the 

GHS provisions, such as, ‘‘Safety Data 

Sheet (SDS)’’ instead of the term, 

‘‘Material Safety Data Sheet (MSDS).’’ 

Although EPCRA Sections 311 and 312 

refer to the term, ‘‘Material Safety Data 

Sheet’’, the implementing regulations 

would be revised to use both terms in 

40 CFR part 370. The term ‘‘Safety Data 

Sheet (SDS)’’ is now more commonly 

used by all stakeholders. 

In this action, EPA is correcting a 

typographical error in 40 CFR 370.30(a) 

and revising EPA’s Web site address in 

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38108 Federal Register / Vol. 81, No. 113 / Monday, June 13, 2016 / Rules and Regulations 

40 CFR 370.40(a), 370.64(a), and 

370.64(b). 

In this action, EPA is also revising the 

definition section, 40 CFR 370.66, by 

replacing the list of ‘‘hazard category’’ 

by the specific physical and health 

hazards listed in the revised HCS. The 

term ‘‘Safety Data Sheet (SDS)’’ will be 

added to the definition section in 

alphabetical order. 

IV. Authority Under the Administrative 

Procedure Act 

Section 553 of the Administrative 

Procedure Act (APA), 5 U.S.C. 

553(b)(3)(B), provides that, ‘‘when an 

Agency for good cause finds . . . that 

notice and public procedure thereon are 

impracticable, unnecessary or contrary 

to the public interest,’’ the Agency may 

issue a final rule without providing 

notice and an opportunity for public 

comment. EPA has determined that 

there is good cause for making this 

technical amendment final without 

prior proposal and opportunity for 

comment, because this final rule simply 

adopts the hazard classes established in 

OSHA’s revised HCS as directed by 

EPCRA Sections 311 and 312. The 

burden for facilities associated with reclassifying their chemicals into the new 

criteria that OSHA HCS adopted from 

GHS is already accounted for in the 

OSHA HCS March 2012 final rule. 

Facilities required to comply with 

EPCRA Sections 311 and 312 would 

simply need to copy the hazards found 

on each MSDS (or SDS) of the 

hazardous chemical, to comply with the 

inventory reporting under EPCRA 

Section 312, and for the list of 

chemicals submitted under section 311. 

There is no additional burden incurred 

for facilities due to this technical 

amendment to 40 CFR part 370. The 

burden for developing an MSDS (or 

SDS) is already considered under the 

OSHA HCS. EPA finds that this 

constitutes good cause under 5 U.S.C. 

553(b)(3)(B). 

V. Do any of the statutory and 

Executive Order reviews apply to this 

action? 

This final rule simply adopts the 

hazard categories set forth in OSHA 

HCS for reporting on the inventory form 

and the list of hazardous chemicals as 

directed by sections 311 and 312 of 

EPCRA. It does not impose any new 

burden on the regulated community or 

the implementing agencies. 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993) and Executive 

Order 13563 (76 FR 3821, January 21, 

2011), this action is not a ‘‘significant 

regulatory action’’ and is therefore not 

subject to OMB review. Because this 

action is not subject to notice and 

comment requirements under the 

Administrative Procedure Act or any 

other statute, it is not subject to the 

Regulatory Flexibility Act (5 U.S.C. 601 

et seq.) or Sections 202 and 205 of the 

Unfunded Mandates Reform Act (2 

U.S.C. 1531–1538). In addition, this 

action does not significantly or uniquely 

affect small governments. This action 

does not create new binding legal 

requirements that substantially and 

directly affect Tribes under Executive 

Order 13175 (65 FR 67249, November 9, 

2000). This action does not have 

significant Federalism implications 

under Executive Order 13132 (64 FR 

43255, August 10, 1999). Because this 

final rule has been exempted from 

review under Executive Order 12866, 

this final rule is not subject to Executive 

Order 13211, entitled Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use (66 FR 28355, May 

22, 2001) or Executive Order 13045, 

entitled Protection of Children from 

Environmental Health Risks and Safety 

Risks (62 FR 19885, April 23, 1997). 

This final rule does not contain any 

information collections subject to OMB 

approval under the Paperwork 

Reduction Act (PRA), 44 U.S.C. 3501 et 

seq., nor does it require any special 

considerations under Executive Order 

12898, entitled Federal Actions to 

Address Environmental Justice in 

Minority Populations and Low-Income 

Populations (59 FR 7629, February 16, 

1994). This action does not involve 

technical standards; thus, the 

requirements of Section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply. 

VI. Congressional Review Act 

This action is subject to the 

Congressional Review Act (CRA), and 

EPA will submit a rule report to each 

House of the Congress and to the 

Comptroller General of the United 

States. 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 comment rulemaking 

procedures are impracticable, 

unnecessary or contrary to the public 

interest (5 U.S.C. 808(2)). The EPA has 

made a good cause finding for this rule 

as discussed in section IV of this 

document, including the basis for that 

finding. 

List of Subjects in 40 CFR Part 370 

Environmental protection, Extremely 

hazardous substances, GHS, Hazard 

categories, Hazard class, Hazardous 

chemicals, OSHA HCS, Tier II Inventory 

Form. 

Dated: May 26, 2016. 

Mathy Stanislaus, 

Assistant Administrator, Office of Land and 

Emergency Management. 

For the reasons stated in the 

preamble, title 40, chapter I of the Code 

of Federal Regulations is amended as 

follows: 

PART 370—HAZARDOUS CHEMICAL 

REPORTING: COMMUNITY RIGHT-TOKNOW 

■ 1. The authority citation for part 370 

continues to read as follows: 

Authority: Sections 302, 311, 312, 322, 

324, 325, 327, 328, and 329 of the Emergency 

Planning and Community Right-To-Know 

Act of 1986 (EPCRA) (Pub. L. 99–499, 100 

Stat. 1613, 42 U.S.C. 11002, 11021, 11022, 

11042, 11044, 11045, 11047, 11048, and 

11049). 

§§ 370.10, 370.12, 370.13, 370.14, 370.20, 

370.30, 370.31, 370.32, 370.33, 370.60, 

370.62, 370.63, 370.64, and 370.66 

[Amended] 

■ 2. In 40 CFR part 370, after the text 

‘‘MSDS’’, add the words ‘‘(or SDS)’’ in 

the following places: 

■ a. Section 370.10(b)(1), two times; 

■ b. Section 370.12(a) and (b); 

■ c. Section 370.13 introductory text; 

■ d. Section 370.14(a)(1) two times; 

(a)(2), two times; and (b), three times; 

■ e. Section 370.20, two times; 

■ f. Undesignated center heading before 

§ 370.30; 

■ g. Section 370.30(a)(1), (a)(2) and (b) 

two times; 

■ h. Section 370.31, five times; 

■ i. Section 370.32, two times; 

■ j. Section 370.33, four times; 

■ k. Section 370.60, section heading and 

four times; 

■ l. Section 370.62, three times; 

■ m. Section 370. 63(b); 

■ n. Section 370.64(a); and 

■ o. Section 370.66 (definition of 

‘‘Material Safety Data Sheet or MSDS’’). 

In addition to the amendments set 

forth above: 

§ 370.1 [Amended] 

■ 3. In § 370.1, paragraph (a), after the 

text ‘‘(MSDS)’’, add the words ‘‘or Safety 

Data Sheet (SDS)’’. 

§ 370.10 [Amended] 

■ 4. In § 370.10, paragraph (a) 

introductory text, after the text 

‘‘(MSDS)’’, add the words ‘‘(or Safety 

Data Sheet (SDS))’’. 

§ 370.14 [Amended] 

■ 5. In § 370.14, paragraphs (a)(1) and 

(2), after the text ‘‘MSDSs’’, add the 

words ‘‘(or SDSs)’’, four times. 

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Federal Register / Vol. 81, No. 113 / Monday, June 13, 2016 / Rules and Regulations 38109 

§ 370.30 [Amended] 

■ 6. Amend § 370.30 by: 

■ a. In paragraph (a), removing the text 

‘‘§ 1A370.10’’, and adding ‘‘§ 370.10’’ in 

its place; and 

■ b. Revising paragraph (a)(2). 

The revised text reads as follows: 

§ 370.30 What information must I provide 

and what format must I use? 

(a) * * * 

(2) Submitting a list of all hazardous 

chemicals present at your facility at or 

above the applicable threshold levels. 

The hazardous chemicals on your list 

must be grouped by the specific health 

and physical hazards as defined in 

§ 370.66. The list must contain the 

chemical or common name of each 

hazardous chemical as provided on the 

MSDS (or SDS). 

* * * * * 

§ 370.40 [Amended] 

■ 7. Amend § 370.40, paragraph (b), by 

removing the text ‘‘http://www.epa.gov/ 

emergencies’’, and adding ‘‘http://

www.epa.gov/epcra’’ in its place. 

■ 8. Amend § 370.41 by revising the 

introductory text to read as follows: 

§ 370.41 What is Tier I inventory 

information? 

Tier I information provides State and 

local officials and the public with 

information on the general types and 

locations of hazardous chemicals 

present at your facility during the 

previous calendar year. The Tier I 

information is the minimum 

information that you must provide to be 

in compliance with the inventory 

reporting requirements of this part. If 

you are reporting Tier I information, you 

must report aggregate information on 

hazardous chemicals by hazard 

categories. The hazard categories 

(physical and health hazards) are 

defined in § 370.66. Tier I inventory 

form includes the following data 

elements: 

* * * * * 

■ 9. Amend § 370.42 by revising 

paragraphs (s)(1), (3), and (5) to read as 

follows: 

§ 370.42 What is Tier II inventory 

information? 

* * * * * 

(s) For each hazardous chemical that 

you are required to report, you must: 

(1) Pure Chemical: Provide the 

chemical name (or the common name of 

the chemical) as provided on the 

Material Safety Data Sheet (MSDS) (or 

Safety Data Sheet (SDS)) and provide 

the Chemical Abstract Service (CAS) 

registry number of the chemical 

provided on the MSDS (or SDS). 

Note to Paragraph (s)(1): If you are 

withholding the name in accordance 

with trade secret criteria, you must 

provide the generic class or category 

that is structurally descriptive of the 

chemical and indicate that the name is 

withheld because of trade secrecy. 

Trade secret criteria are addressed in 

§ 370.64(a). 

* * * * * 

(3) Mixture. If you are reporting a 

mixture, enter the mixture name, 

product name or trade name as provided 

on the Material Safety Data Sheet 

(MSDS) (or Safety Data Sheet (SDS)) and 

provide the Chemical Abstract Service 

(CAS) registry number of the mixture 

provided on the MSDS (or SDS). If there 

is no CAS number provided or it is not 

known, check the box ‘‘Not Available.’’ 

* * * * * 

(5) Pure Chemical or Mixture: Indicate 

which hazard categories (or hazard 

classes) apply to the chemical or the 

mixture. The hazard categories (or 

physical and health hazards) are defined 

in § 370.66. 

* * * * * 

§ 370.64 [Amended] 

■ 10. Amend § 370.64 by removing 

‘‘http://www.epa.gov/emergencies’’ and 

adding ‘‘http://www.epa.gov/epcra’’ in 

its place, two times. 

■ 11. Amend § 370.66 by revising the 

definition ‘‘Hazard category’’, and 

adding in alphabetical order the 

definition ‘‘Safety Data Sheet or SDS’’ to 

read as follows: 

§ 370.66 How are key words in this part 

defined? 

* * * * * 

Hazard category is divided into two 

categories, health and physical hazards. 

(1) Health hazard means a chemical 

which poses one of the following 

hazardous effects: Carcinogenicity; 

acute toxicity (any route of exposure); 

aspiration hazard; reproductive toxicity; 

germ cell mutagenicity; skin corrosion 

or irritation; respiratory or skin 

sensitization; specific target organ 

toxicity (single or repeated exposure); 

simple asphyxiant; and hazard not 

otherwise classified (HNOC). 

(2) Physical hazard means a chemical 

which poses one of the following 

hazardous effects: Flammable (gases, 

aerosols, liquids or solids); gas under 

pressure; explosive; self-heating; 

pyrophoric (liquid or solid); pyrophoric 

gas; oxidizer (liquid, solid or gas); 

organic peroxide; self-reactive; in 

contact with water emits flammable gas; 

combustible dust; corrosive to metal; 

and hazard not otherwise classified 

(HNOC). 

* * * * * 

Safety Data Sheet or SDS means the 

sheet required to be developed under 29 

CFR 1910.1200(g). This term means the 

same as the term ‘‘material safety data 

sheet or MSDS’’ defined in this section. 

* * * * * 

[FR Doc. 2016–13582 Filed 6–10–16; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL MARITIME COMMISSION 

46 CFR Part 535 

[Docket No. 16–09] 

RIN 3072–AC65 

Optional Method of Filing Ocean 

Common Carrier and Marine Terminal 

Operator Agreements Subject to the 

Shipping Act of 1984 

AGENCY: Federal Maritime Commission. 

ACTION: Confirmation of effective date of 

direct final rule. 

SUMMARY: The Federal Maritime 

Commission (Commission) is publishing 

this document to confirm the effective 

date of the direct final rule published on 

April 27, 2016. 

DATES: The direct final rule published 

on April 27, 2016 (81 FR 24703) will 

become effective on June 13, 2016. 

FOR FURTHER INFORMATION CONTACT: 

Karen V. Gregory, Secretary, Federal 

Maritime Commission, 800 North 

Capitol Street NW., Washington, DC 

20573–0001. Phone: (202) 523–5725. 

Email: secretary@fmc.gov. 

SUPPLEMENTARY INFORMATION: On April 

27, 2016 (81 FR 24703), the Commission 

published a direct final rule (DFR) 

amending 46 CFR part 535 relating to 

the filing of Ocean Common Carrier and 

Marine Terminal Operator Agreements 

to provide for optional filing of these 

agreements through a new electronic 

filing system. The Commission 

indicated that if it did not receive any 

significant adverse comments by May 

27, 2016, the DFR would go into effect 

on June 13, 2016. 

The Commission received only one 

comment that was not a significant 

adverse comment, but rather in support 

of the amendments. The commenter 

stated that the amendments are a ‘‘winwin’’ and will make the filing process of 

agreements and amendments more 

efficient, expeditious, and effective. The 

Commission agrees with the commenter 

that the optional filing system will 

facilitate more efficient filing, review, 

and publication of these agreements. 

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