36170 Federal Register / Vol. 77, No. 117 / Monday, June 18, 2012 / Rules and Regulations 

§ 52.1679 Determinations of attainment. 

(a) Based upon EPA’s review of 

complete, quality-assured air quality 

data for the 3-year period 2005 to 2007, 

EPA determined, as of June 18, 2012, 

that the New York-Northern New JerseyLong Island (NY-NJ-CT) one-hour ozone 

nonattainment area did not meet its 

applicable one-hour ozone attainment 

date of November 15, 2007. Separate 

from and independent of this 

determination, based on 2008–2010 

complete, quality-assured ozone 

monitoring data at all monitoring sites 

in the area, and data for 2011, EPA 

determined, as of June 18, 2012, that the 

NY-NJ-CT one-hour ozone 

nonattainment area met the one-hour 

ozone NAAQS. 

(b) Based upon EPA’s review of 

complete, quality-assured and certified 

air quality data for the 3-year period 

2007 to 2009, and data for 2011, EPA 

determined, as of June 18, 2012, that the 

New York-Northern New Jersey-Long 

Island (NY-NJ-CT) eight-hour ozone 

moderate nonattainment area attained 

the 1997 eight-hour ozone NAAQS by 

the applicable attainment date of June 

15, 2010. Therefore, EPA has met the 

requirement pursuant to CAA section 

181(b)(2)(A) to determine, based on the 

area’s air quality data as of the 

attainment date, whether the area 

attained the standard. EPA also 

determined that the NY-NJ-CT 

nonattainment area will not be 

reclassified for failure to attain by its 

applicable attainment date under 

section 181(b)(2)(A). 

■ 6. Section 52.1683 is amended by 

adding new paragraph (f)(2)(viii) to read 

as follows: 

§ 52.1683 Control strategy: Ozone. 

* * * * * 

(f) * * * 

(2) * * * 

(viii) New York-Northern New JerseyLong Island, NY-NJ-CT, eight-hour 

ozone moderate nonattainment area 

(consisting of the Bronx, Kings, Nassau, 

New York, Queens, Richmond, 

Rockland, Suffolk and Westchester 

Counties) as of June 15, 2010 and data 

showing the area continued to attain 

through 2011. 

* * * * * 

[FR Doc. 2012–14716 Filed 6–15–12; 8:45 am] 

BILLING CODE 6560–50–P 

EVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 711 

[EPA–HQ–OPPT–2009–0187; FRL–9353–1] 

RIN 2070–AJ43 

TSCA Inventory Update Reporting 

Modifications; Chemical Data 

Reporting; 2012 Submission Period 

Extension 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is amending the Toxic 

Substances Control Act (TSCA) 

Chemical Data Reporting (CDR) 

regulations by extending the submission 

deadline for 2012 reports from June 30, 

2012 to August 13, 2012. This is a onetime extension for the 2012 submission 

period only. The CDR regulations 

require manufacturers and importers of 

certain chemical substances included on 

the TSCA Chemical Substance 

Inventory (TSCA Inventory) to report 

current data on the manufacturing, 

processing, and use of the chemical 

substances. 

DATES: This final rule is effective June 

18, 2012. 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number (No.) EPA–HQ–OPPT–2009– 

0187, is available either electronically 

through http://www.regulations.gov or 

in hard copy at the Pollution Prevention 

and Toxics (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: 

Chenise Farquharson, Chemical Control 

Division (7405M), Office of Pollution 

Prevention and Toxics, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave. NW., Washington, DC 20460–0001; 

telephone number: (202) 564–7768; fax 

number: (202) 564–4775; email address: 

farquharson.chenise@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. Does this action apply to me? 

You may be potentially affected by 

this action if you manufacture 

(including manufacture as a byproduct) 

or import chemical substances listed on 

the TSCA Inventory. Potentially affected 

entities may include, but are not limited 

to: 

• Chemical manufacturers and 

importers (NAICS codes 325 and 

324110, e.g., chemical manufacturing 

and processing and petroleum 

refineries). 

• Chemical users and processors who 

may manufacture a byproduct chemical 

substance (NAICS codes 22, 322, 331, 

and 3344, e.g., utilities, paper 

manufacturing, primary metal 

manufacturing, and semiconductor and 

other electronic component 

manufacturing). 

This listing is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

affected by this action. Other types of 

entities not listed in this unit could also 

be affected. The North American 

Industrial Classification System 

(NAICS) codes have been provided to 

assist you and others in determining 

whether this action might apply to 

certain entities. If you have any 

questions regarding the applicability of 

this action to a particular entity, consult 

the technical person listed under FOR

FURTHER INFORMATION CONTACT. 

II. Background 

A. What action is the Agency taking? 

In the August 16, 2011, final rule 

entitled, ‘‘TSCA Inventory Update 

Reporting Modifications; Chemical Data 

Reporting’’ (76 FR 50816, August 16, 

2011) (FRL–8872–9), EPA designated 

the 2012 CDR submission period to be 

February 1, 2012 to June 30, 2012. EPA 

is issuing this amendment to extend the 

deadline for 2012 CDR submission 

reports until August 13, 2012. 

The Agency is taking this action in 

response to concerns raised by the 

regulated community about their ability 

to submit the required information 

within the prescribed period. Written 

requests to extend the CDR submission 

period are included in the docket (see 

ADDRESSES). The compelling concerns 

raised by industry include the timing of 

responses to inquiries about regulatory 

interpretations, particularly for 

byproduct chemical substances, and 

issues associated with several aspects of 

electronic reporting. 


srobinson on DSK4SPTVN1PROD with RULES
Federal Register / Vol. 77, No. 117 / Monday, June 18, 2012 / Rules and Regulations 36171 

EPA believes it is appropriate to 

extend the reporting period to allow the 

reporters associated with byproducts to 

understand and determine their 

reporting obligations and to allow the 

regulated community to adjust to 

electronic reporting and submit their 

reports. 

With respect to the timing of this 

action, the need for the Agency to 

extend the deadline arose, in part, as a 

result of issues experienced by the 

regulated community with several 

aspects of electronic reporting that were 

brought to the Agency’s attention only 

recently. 

B. What is the Agency’s authority for 

taking this action? 

The CDR rule was issued pursuant to 

the authority of TSCA section 8(a), 15 

U.S.C. 2607(a). Under section 

553(b)(3)(B) of the Administrative 

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

553(b)(3)(B), the Agency may issue a 

final rule without a prior proposal if it 

finds that notice and public 

participatory procedures are 

impracticable, unnecessary, or contrary 

to the public interest. In this case, for 

the extension sought, the Agency does 

find that normal notice and public 

process rulemaking is impracticable. 

Given that the current reporting 

deadline is June 30, 2012, it is 

impracticable to follow notice and 

comment procedures on an extension of 

that deadline, because that process 

would not allow the rule to be finalized 

before the current reporting deadline. 

As discussed in this unit, the Agency 

only recently learned that the regulated 

community was having difficulty 

submitting their reports through the 

required electronic reporting 

mechanism. This action does not alter 

the substantive CDR reporting 

requirements in any way. The Agency 

also believes the one-time extension 

will not result in a significant delay in 

the processing and availability of CDR 

information to potential users. Further, 

this action is consistent with the public 

interest because it is designed to 

facilitate compliance with the CDR rule 

and to ensure that the 2012 collection 

includes accurate data on chemical 

manufacturing, processing, and use in 

the United States. Finally, any impact 

on the regulated community is expected 

to be beneficial given that the one-time 

extension provides additional time to 

submit accurate CDR reports to EPA. 

Similarly, under APA section 553(d), 

5 U.S.C. 553(d), the Agency may make 

a rule immediately effective ‘‘for good 

cause found and published with the 

rule.’’ For the reasons discussed in this 

unit, EPA believes that there is ‘‘good 

cause’’ to make this amendment 

effective upon publication in the 

Federal Register. 

III. Statutory and Executive Order 

Reviews 

A. Executive Order 12866 and Executive 

Order 13563 

This action is classified as a final rule 

because it makes an amendment to the 

Code of Federal Regulations (CFR). The 

amendment to the CFR is necessary to 

allow for a one-time extension to the 

2012 CDR reporting period. This action 

does not impose any new requirements 

or amend substantive requirements. 

This action is not a ‘‘significant 

regulatory action’’ and is therefore 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) and 

Executive Order 13563 entitled 

‘‘Improving Regulation and Regulatory 

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

B. Paperwork Reduction Act 

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. 

C. Regulatory Flexibility Act 

This final rule is not subject to the 

Regulatory Flexibility Act (RFA), 5 

U.S.C. 601 et seq. The RFA applies only 

to rules subject to notice and comment 

rulemaking requirements under the 

APA, 5 U.S.C. 553, or any other statute. 

This rule is not subject to notice and 

comment requirements under the APA 

because the Agency has invoked the 

APA ‘‘good cause’’ exemption. 

D. Unfunded Mandates Reform Act and 

Executive Orders 13132 and 13175 

This action will not have substantial 

direct effects on State or tribal 

governments, on the relationship 

between the Federal Government and 

States or Indian tribes, or on the 

distribution of power and 

responsibilities between the Federal 

Government and States or Indian tribes. 

As a result, no action is required under 

Executive Order 13132, entitled 

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

1999), or under Executive Order 13175, 

entitled ‘‘Consultation and Coordination 

with Indian Tribal Governments’’ (65 FR 

67249, November 9, 2000). Nor does it 

impose any enforceable duty or contain 

any unfunded mandate as described 

under Title II of the Unfunded Mandates 

Reform Act, 2 U.S.C. 1531–1538. 

E. Executive Orders 13045, 13211, and 

12898 

This action is not a ‘‘significant 

regulatory action’’ as defined by 

Executive Order 12866. As a result, this 

action is not subject to Executive Order 

13045, entitled ‘‘Protection of Children 

from Environmental Health Risks and 

Safety Risks’’ (62 FR 19885, April 23, 

1997) and Executive Order 13211 

entitled ‘‘Actions Concerning 

Regulations That Significantly Affect 

Energy Supply, Distribution, or Use’’ (66 

FR 28355, May 22, 2001). In addition, 

this action also does not 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). 

F. National Technology Transfer and 

Advancement Act 

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, 15 

U.S.C. 272 note. 

IV. 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). 

Under CRA section 808, an agency may 

make a rule effective sooner than 

otherwise provided by the CRA if the 

agency makes a good cause finding 

under the APA 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 discussed in Unit II.B., EPA 

has made such a good cause finding for 

this rule and established the effective 

date that is identified under DATES. 

List of Subjects in 40 CFR Part 711 

Environmental protection, Chemicals, 

Confidential Business Information (CBI), 

Hazardous materials, Importer, 

Manufacturer, Reporting and 

recordkeeping requirements. 


srobinson on DSK4SPTVN1PROD with RULES
36172 Federal Register / Vol. 77, No. 117 / Monday, June 18, 2012 / Rules and Regulations 

Dated: June 11, 2012. 

James Jones, 

Acting Assistant Administrator, Office of 

Chemical Safety and Pollution Prevention. 

Therefore, 40 CFR chapter I is 

amended as follows: 

PART 711—[AMENDED] 

■ 1. The authority citation for part 711 

continues to read as follows: 

Authority: 15 U.S.C. 2607(a). 

■ 2. In § 711.20, revise the second 

sentence to read as follows: 

§ 711.20 When to report. 

* * * The 2012 CDR submission 

period is from February 1, 2012 to 

August 13, 2012. * * * 

[FR Doc. 2012–14774 Filed 6–15–12; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 64 

[Docket ID FEMA–2012–0003; Internal 

Agency Docket No. FEMA–8233] 

Suspension of Community Eligibility 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Final rule. 

SUMMARY: This rule identifies 

communities where the sale of flood 

insurance has been authorized under 

the National Flood Insurance Program 

(NFIP) that are scheduled for 

suspension on the effective dates listed 

within this rule because of 

noncompliance with the floodplain 

management requirements of the 

program. If the Federal Emergency 

Management Agency (FEMA) receives 

documentation that the community has 

adopted the required floodplain 

management measures prior to the 

effective suspension date given in this 

rule, the suspension will not occur and 

a notice of this will be provided by 

publication in the Federal Register on a 

subsequent date. 

DATES: Effective Dates: The effective 

date of each community’s scheduled 

suspension is the third date (‘‘Susp.’’) 

listed in the third column of the 

following tables. 

FOR FURTHER INFORMATION CONTACT: If 

you want to determine whether a 

particular community was suspended 

on the suspension date or for further 

information, contact David Stearrett, 

Federal Insurance and Mitigation 

Administration, Federal Emergency 

Management Agency, 500 C Street SW., 

Washington, DC 20472, (202) 646–2953. 

SUPPLEMENTARY INFORMATION: The NFIP 

enables property owners to purchase 

Federal flood insurance that is not 

otherwise generally available from 

private insurers. In return, communities 

agree to adopt and administer local 

floodplain management measures aimed 

at protecting lives and new construction 

from future flooding. Section 1315 of 

the National Flood Insurance Act of 

1968, as amended, 42 U.S.C. 4022, 

prohibits the sale of NFIP flood 

insurance unless an appropriate public 

body adopts adequate floodplain 

management measures with effective 

enforcement measures. The 

communities listed in this document no 

longer meet that statutory requirement 

for compliance with program 

regulations, 44 CFR part 59. 

Accordingly, the communities will be 

suspended on the effective date in the 

third column. As of that date, flood 

insurance will no longer be available in 

the community. We recognize that some 

of these communities may adopt and 

submit the required documentation of 

legally enforceable floodplain 

management measures after this rule is 

published but prior to the actual 

suspension date. These communities 

will not be suspended and will continue 

to be eligible for the sale of NFIP flood 

insurance. A notice withdrawing the 

suspension of such communities will be 

published in the Federal Register. 

In addition, FEMA publishes a Flood 

Insurance Rate Map (FIRM) that 

identifies the Special Flood Hazard 

Areas (SFHAs) in these communities. 

The date of the FIRM, if one has been 

published, is indicated in the fourth 

column of the table. No direct Federal 

financial assistance (except assistance 

pursuant to the Robert T. Stafford 

Disaster Relief and Emergency 

Assistance Act not in connection with a 

flood) may be provided for construction 

or acquisition of buildings in identified 

SFHAs for communities not 

participating in the NFIP and identified 

for more than a year on FEMA’s initial 

FIRM for the community as having 

flood-prone areas (section 202(a) of the 

Flood Disaster Protection Act of 1973, 

42 U.S.C. 4106(a), as amended). This 

prohibition against certain types of 

Federal assistance becomes effective for 

the communities listed on the date 

shown in the last column. The 

Administrator finds that notice and 

public comment procedures under 

5 U.S.C. 553(b), are impracticable and 

unnecessary because communities listed 

in this final rule have been adequately 

notified. 

Each community receives 6-month, 

90-day, and 30-day notification letters 

addressed to the Chief Executive Officer 

stating that the community will be 

suspended unless the required 

floodplain management measures are 

met prior to the effective suspension 

date. Since these notifications were 

made, this final rule may take effect 

within less than 30 days. 

National Environmental Policy Act. 

This rule is categorically excluded from 

the requirements of 44 CFR Part 10, 

Environmental Considerations. No 

environmental impact assessment has 

been prepared. 

Regulatory Flexibility Act. The 

Administrator has determined that this 

rule is exempt from the requirements of 

the Regulatory Flexibility Act because 

the National Flood Insurance Act of 

1968, as amended, Section 1315, 

42 U.S.C. 4022, prohibits flood 

insurance coverage unless an 

appropriate public body adopts 

adequate floodplain management 

measures with effective enforcement 

measures. The communities listed no 

longer comply with the statutory 

requirements, and after the effective 

date, flood insurance will no longer be 

available in the communities unless 

remedial action takes place. 

Regulatory Classification. This final 

rule is not a significant regulatory action 

under the criteria of section 3(f) of 

Executive Order 12866 of September 30, 

1993, Regulatory Planning and Review, 

58 FR 51735. 

Executive Order 13132, Federalism. 

This rule involves no policies that have 

federalism implications under Executive 

Order 13132. 

Executive Order 12988, Civil Justice 

Reform. This rule meets the applicable 

standards of Executive Order 12988. 

Paperwork Reduction Act. This rule 

does not involve any collection of 

information for purposes of the 

Paperwork Reduction Act, 44 U.S.C. 

3501 et seq. 

List of Subjects in 44 CFR Part 64 

Flood insurance, Floodplains. 

Accordingly, 44 CFR part 64 is 

amended as follows: 

PART 64—[AMENDED] 

■ 1. The authority citation for Part 64 

continues to read as follows: 

Authority: 42 U.S.C. 4001 et seq.; 

Reorganization Plan No. 3 of 1978, 3 CFR, 

1978 Comp.; p. 329; E.O. 12127, 44 FR 19367, 

3 CFR, 1979 Comp.; p. 376. 


srobinson on DSK4SPTVN1PROD with RULES