Federal Register / Vol. 77, No. 249 / Friday, December 28, 2012 / Rules and Regulations 76419 

(206) 553–6706; the EPA, Air and 

Radiation Docket and Information 

Center, Room Number 3334, EPA West 

Building, 1301 Constitution Avenue 

NW., Washington, DC 20460. For further 

information, call (202) 556–1742; or at 

the National Archives and Records 

Administration (NARA). For 

information on the availability of this 

material at NARA, call 202–741–6030, 

or go to: http://www.archives.gov/

federal_register/code_of_federal_

regulations/ibr_locations.html. 

(c) EPA-approved regulations. 

EPA-APPROVED IDAHO REGULATIONS AND STATUTES

State Citation Title/Subject State effective 

date EPA approval date Explanations 

* * * * * * * 

470. ................................................................................... Reserved ................... 5/22/03 11/26/10, 75 FR 

72719.

* * * * * * * 

■ 3. Section 52.683 is amended by 

revising paragraph (a) to read as follows. 

§ 52.683 Significant deterioration of air 

quality. 

(a) The State of Idaho Rules for 

Control of Air Pollution in Idaho, 

specifically, IDAPA 58.01.01.005 

through 007 (definitions), IDAPA 

58.01.01.107.03.a, b, c, p, and q 

(incorporations by reference), IDAPA 

58.01.01.200 through 222 (permit to 

construct rules), IDAPA 58.01.01.510 

through 516 (stack height rules), and 

IDAPA 58.01.01.575 through 581 

(standards, increments and area 

designations) except Section 577, are 

approved as meeting the requirements 

of title I, part C, subpart 1 of the Clean 

Air Act for preventing significant 

deterioration of air quality. 

* * * * * 

[FR Doc. 2012–31065 Filed 12–27–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 716 

[EPA–HQ–OPPT–2011–0363; FRL–9375–3] 

RIN 2070–AJ89 

Health and Safety Data Reporting; 

Addition of Certain Chemicals; 

Withdrawal of Final Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; withdrawal. 

SUMMARY: EPA is withdrawing the final 

Toxic Substances Control Act (TSCA) 

section 8(d) Health and Safety Data 

Reporting Rule that it issued on 

December 3, 2012. The health and safety 

data reporting rule would have required 

manufacturers (including importers) of 

cadmium or cadmium compounds, 

including as part of an article, that have 

been, or are reasonably likely to be, 

incorporated into consumer products to 

report certain unpublished health and 

safety studies to EPA. 

DATES: The final rule published on 

December 3, 2012 at 76 FR 71561 is 

withdrawn effective December 28, 2012. 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPPT–2011–0363, 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: Mark 

Seltzer, Chemical Control Division 

(7405M), Office of Pollution Prevention 

and Toxics, Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW., 

Washington, DC 20460–0001; telephone 

number: (202) 564–2901; email address: 

seltzer.mark@epa.gov or Mike 

Mattheisen, Chemical Control Division 

(7405M), Office of Pollution Prevention 

and Toxics, Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW., 

Washington, DC 20460–0001; telephone 

number: (202) 564–3077; email address: 

mattheisen.mike@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: TSCAHotline@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be affected by this 

withdrawal if you are a manufacturer 

(including importer) of cadmium or 

cadmium compounds, including as part 

of an article, that have been, or are 

reasonably likely to be, incorporated 

into consumer products. 

B. What action is the agency taking? 

In the Federal Register issue of 

December 3, 2012 (77 FR 71561) (FRL– 

9355–9), EPA issued a health and safety 

data reporting rule that would have 

required manufacturers (including 

importers) of cadmium or cadmium 

compounds, including as part of an 

article, that have been, or are reasonably 

likely to be, incorporated into consumer 

products to report certain unpublished 

health and safety studies to EPA. EPA 

has good cause to withdraw the final 

rule. 

In this document, EPA is withdrawing 

the final health and safety data reporting 

rule that it issued pursuant to TSCA 

section 8(d) on December 3, 2012. Since 

the final rule’s issuance, EPA has 

received a number of letters, including 

requests for withdrawal under 

§ 716.105(c)–(d), asking questions and 

raising concerns about the scope and 

extent of the immediate final rule that 

indicate that there is significant 

confusion and uncertainty about the 

final rule in certain industrial sectors 

subject to the final rule. For example, 

EPA received comments that the 

regulatory text did not clearly specify 

which additional industrial sectors 

beyond those subject to reporting in 

§ 716.5(a) must report unpublished 

health and safety studies, as required by 

§ 716.5(b). EPA believes that some of the 

points raised in the letters warrant 

additional consideration by the Agency. 

Comments received by EPA are 

available in the docket under docket ID 

number EPA–HQ–OPPT–2011–0363. 


srobinson on DSK4SPTVN1PROD with 
76420 Federal Register / Vol. 77, No. 249 / Friday, December 28, 2012 / Rules and Regulations 

EPA has concluded that these concerns 

are good cause per § 716.105(c) to 

withdraw the health and safety data 

reporting rule that it issued on 

December 3, 2012. 

EPA finds that there is ‘‘good cause’’ 

under the Administrative Procedure Act 

(APA) (5 U.S.C. 553(b)(3)(B)) to 

withdraw this final rule without prior 

notice and comment. EPA believes 

notice and an opportunity for comment 

on this action are impracticable and 

unnecessary. Public notice and 

comment is impracticable because EPA 

has only a limited time to publish this 

withdrawal. That is, EPA must publish 

a document in the Federal Register 

pursuant to § 716.105(c) withdrawing 

the addition of cadmium before January 

2, 2013, the effective date of the 

cadmium amendment. Furthermore, 

notice and comment is unnecessary 

because this withdrawal conforms to the 

withdrawal procedure of § 716.105(c) of 

the part 716 model rule, which EPA 

promulgated in 1985 regarding 

withdrawal after having solicited public 

comment on the need for and mechanics 

of this procedure as published in the 

Federal Register issue of August 28, 

1985 (50 FR 34809). EPA is adhering to 

this previously promulgated procedure 

in this withdrawal, which requires such 

action to occur by publishing a Federal 

Register document ‘‘[p]rior to the 

effective date of [the listing] under 

paragraph (b) of this section.’’ See 

§ 716.105(c). 

EPA also finds that this final rule is 

not subject to the 30 day delay of the 

effective date generally required by 5 

U.S.C. 553(d). This final rule is ‘‘a 

substantive rule which grants or 

recognizes an exemption or relieves a 

restriction,’’ 5 U.S.C. 553(d)(1), because 

it lifts the reporting requirement on 

certain manufacturers (including 

importers) of cadmium or cadmium 

compounds. This final rule must be 

made effective prior to the effective date 

of the addition of cadmium and 

cadmium compounds to the TSCA 

section 8(d) model rule (January 2, 

2013) in order to relieve this restriction. 

II. Statutory and Executive Order 

Reviews 

For the reasons already stated, this 

final rule withdraws a previously issued 

final rule without imposing any new 

requirements. As such, the following 

statutory and Executive Order 

requirements do not apply to this 

action: 

• This action is not subject to review 

by the Office of Management and 

Budget (OMB) under Executive Order 

12866, entitled ‘‘Regulatory Planning 

and Review’’ (58 FR 51735, October 4, 

1993), Executive Order 13563, entitled 

‘‘Improving Regulation and Regulatory 

Review’’ (76 FR 3821, January 21, 2011), 

or the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.). 

• As discussed previously, the 

Agency has invoked the ‘‘good cause’’ 

exemption in APA section 553(b)(3)(B). 

Because this action is not subject to 

notice and comment requirements 

under the APA or any other statute, it 

is not subject to the Regulatory 

Flexibility Act (5 U.S.C. 601 et seq.) or 

Title II of the Unfunded Mandates 

Reform Act (2 U.S.C. 1531–1538). 

• This final rule does not have tribal 

implications, as specified in Executive 

Order 13175, entitled ‘‘Consultation and 

Coordination with Indian Tribal 

Governments’’ (65 FR 67249, November 

9, 2000), or federalism implications as 

specified in Executive Order 13132, 

entitled ‘‘Federalism’’ (64 FR 43255, 

August 10, 1999). 

• Since this action is not subject to 

Executive Order 12866, it is not subject 

to Executive Orders 13045, entitled 

‘‘Protection of Children from 

Environmental Health Risks and Safety 

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

and 13211, ‘‘Actions concerning 

Regulations that Significantly Affect 

Energy Supply, Distribution, or Use’’ (66 

FR 28355, May 22, 2001). 

• This action does not involve 

technical standards; thus, the 

requirements of section 12(d) of the 

National Technology Transfer and 

Advancement Act (15 U.S.C. 272 note) 

do not apply. 

• The Agency is not required to and 

has not considered environmental 

justice-related issues as specified in 

Executive Order 12898, entitled 

‘‘Federal Actions to Address 

Environmental Justice in Minority 

Populations and Low-Income 

Populations’’ (59 FR 7629, February 16, 

1994). 

III. Congressional Review Act (CRA) 

Pursuant to the CRA (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). Section 808 of 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 public procedure is impracticable, 

unnecessary, or contrary to the public 

interest. This determination must be 

supported by a brief statement. 5 U.S.C. 

808(2). As stated previously, EPA has 

made such a good cause finding, 

including the reasons therefore, and 

established an effective date of January 

2, 2013. 

List of Subjects in 40 CFR Part 716 

Environmental protection, Chemicals, 

Hazardous substances, Health and safety 

studies, Reporting and recordkeeping 

requirements. 

Dated: December 20, 2012. 

James Jones, 

Acting Assistant Administrator, Office of 

Chemical Safety and Pollution Prevention. 

[FR Doc. 2012–31048 Filed 12–27–12; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 67 

[Docket ID FEMA–2012–0003] 

Final Flood Elevation Determinations 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Final rule. 

SUMMARY: Base (1% annual-chance) 

Flood Elevations (BFEs) and modified 

BFEs are made final for the 

communities listed below. The BFEs 

and modified BFEs are the basis for the 

floodplain management measures that 

each community is required either to 

adopt or to show evidence of being 

already in effect in order to qualify or 

remain qualified for participation in the 

National Flood Insurance Program 

(NFIP). 

DATES: The date of issuance of the Flood 

Insurance Rate Map (FIRM) showing 

BFEs and modified BFEs for each 

community. This date may be obtained 

by contacting the office where the maps 

are available for inspection as indicated 

in the table below. 

ADDRESSES: The final BFEs for each 

community are available for inspection 

at the office of the Chief Executive 

Officer of each community. The 

respective addresses are listed in the 

table below. 

FOR FURTHER INFORMATION CONTACT: Luis 

Rodriguez, Chief, Engineering 

Management Branch, Federal Insurance 

and Mitigation Administration, Federal 

Emergency Management Agency, 500 C 

Street SW., Washington, DC 20472, 

(202) 646–4064, or (email) 

Luis.Rodriguez3@fema.dhs.gov. 


srobinson on DSK4SPTVN1PROD with