12248 Federal Register / Vol. 89, No. 33 / Friday, February 16, 2024 / Rules and Regulations 

3 CFR, 1991 Comp., p. 351; E.O. 12580, 52 

FR 2923, 3 CFR, 1987 Comp., p. 193. 

■ 2. In Appendix B to part 300, amend 

Table 1 by: 

■ a. Revising the entry for ‘‘NJ’’, 

‘‘Universal Oil Products (Chemical 

Division’’, ‘‘East Rutherford’’. 

The revisions read as follows: 

Appendix B to Part 300—National 

Priorities List 

TABLE 1—GENERAL SUPERFUND SECTION

State Site name City/county Notes (a) 

*******

NJ ..................... Universal Oil Products (Chemical Division) .......................................... East Rutherford ............................. P. 

* * * * * * * 

* P = Sites with partial deletion(s). 

Table 2—[Amended] 

■ 3. In Appendix B to part 300, amend 

Table 2 by: 

■ a. Removing the entry for ‘‘ME’’, 

‘‘Portsmouth Naval Shipyard’’, 

‘‘Kittery’’. 

[FR Doc. 2024–03003 Filed 2–15–24; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 723 

[EPA–HQ–OPPT–2021–0419; FRL–11729– 

01–OCSPP] 

RIN 2070–AK68 

Toxic Substances Control Act (TSCA) 

Requirements for Polymer Exemption 

Reports and Accompanying Claims; 

Extension of the Reporting Deadline 

for 2024 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is amending the Toxic 

Substances Control Act (TSCA) 

regulations for polymers manufactured 

under the terms of the polymer 

exemption by extending the submission 

deadline for reporting. The regulations 

require that manufacturers (includes 

importers) of polymers manufactured 

under the terms of the exemption 

submit a report of manufacture or 

import by January 31 of the year 

subsequent to initial manufacture. On 

June 7, 2023, EPA amended the 

exemption reporting requirement to 

require that the exemption report and 

accompanying confidentiality claims be 

submitted electronically. Because EPA 

experienced technical difficulties with 

the launch of the new electronic 

reporting tool, EPA is extending the 

reporting period for 2024 from January 

31 to March 31 to allow manufacturers 

additional time to submit their reports 

and accompanying claims to EPA using 

the electronic reporting tool. 

DATES: This final rule is effective on 

February 16, 2024. 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPPT–2021–0419, is 

available online at https://

www.regulations.gov. Additional 

information about dockets generally, 

along with instructions for visiting the 

docket in-person, is available at https:// 

www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT:

For technical information contact: 

Loraine Passe, New Chemicals Division 

(7405M), Office of Pollution Prevention 

and Toxics, Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW, 

Washington, DC 20460–0001; telephone 

number: (202) 564–9064; email address: 

passe.loraine@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. Executive Summary 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you were a manufacturer 

or importer of a polymer under the 

terms of the polymer exemption in 

2023. The following list of North 

American Industrial Classification 

System (NAICS) codes is not intended 

to be exhaustive but rather provides a 

guide to help readers determine whether 

this document applies to them. 

Potentially affected entities may 

include: 

• Chemical Manufacturers (NAICS 

code 325). 

• Petroleum and Coal Products 

(NAICS code 324). 

• Merchant Wholesalers, Nondurable 

Goods (NAICS code 424). 

This list details the types of entities 

that EPA is aware could potentially be 

regulated by this action. Other types of 

entities not listed could also be 

regulated. To determine whether your 

entity is regulated by this action, you 

should carefully examine the 

applicability criteria found in 40 CFR 

723.250. If you have questions regarding 

the applicability of this action, please 

consult the technical person listed 

under FOR FURTHER INFORMATION

CONTACT. 

B. What is the Agency’s authority for 

taking this action? 

EPA is promulgating this rule 

pursuant to its authority in TSCA 

section 5 (15 U.S.C. 2604). In addition, 

section 553(b)(B) of the Administrative 

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

553(b)(B), provides that an agency may 

issue a final rule without a prior 

proposal if it finds for good cause that 

notice and public procedure are 

impracticable, unnecessary, or contrary 

to the public interest. 

C. What action is the Agency taking? 

EPA is extending the reporting 

deadline for polymer exemption reports 

under 40 CFR 723.250 for this year for 

exemption reports and accompanying 

claims from January 31 to March 31. 

EPA believes this extension will provide 

reporters with sufficient time to submit 

information using the electronic 

reporting tool and for EPA to fix any 

unanticipated glitches that may arise 

with the use of the new tool. 

D. Why is this issued as a final rule? 

Pursuant to section 553(b)(B) of the 

APA (5 U.S.C. 553(b)(B)), EPA has 

determined that there is good cause for 

extending the reporting deadline for 

2024 without prior proposal and 

opportunity for comment. EPA 

encountered technical issues when 

launching a new polymer exemption 

electronic reporting tool and the time to 

fix those issues took longer than 


lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 89, No. 33 / Friday, February 16, 2024 / Rules and Regulations 12249 

expected. As a result, it was not possible 

for manufacturers to submit their 

required reports and accompanying 

claims electronically until January 29, 

2024, three business days before the 

January 31st regulatory due date for 

2024. EPA determines that there is good 

cause to take this action without a prior 

proposal because it would be contrary to 

the public interest to retain the deadline 

of January 31 for the 2024 reports, 

where EPA’s electronic systems were 

not ready and available for use by 

regulated entities to allow them to 

comply with the electronic reporting 

requirements of the rule before the 

submission deadline of January 31, 

2024. 

Moreover, EPA previously provided 

notice that if technical issues with 

electronic reporting of polymer 

exemption reports occurred, it would 

make appropriate accommodations such 

as extending reporting deadlines. The 

issue was discussed in the preamble to 

the final rule establishing the electronic 

reporting deadline in question (88 FR 

37155, June 7, 2023 (FRL–8223–02– 

OCSPP)), which became effective on 

August 7, 2023, and required the use of 

a new electronic reporting tool for 

submitting annual polymer exemption 

reports and accompanying claims. That 

rule amended the regulations in 40 CFR 

723.250(f) to state, ‘‘. . . The report and 

accompanying claims must be 

submitted via CDX (https://cdx.epa.gov/ 

), using the TSCA Section 5 Notices and 

Supports—ePMN application.’’ In that 

rule, EPA responded to several 

commenters that expressed concern 

over reliance on electronic reporting, 

citing past incidences of technical 

difficulties with providing electronic 

submissions via CDX. Specifically, EPA 

responded in that final rule that it did 

not expect issues with electronic 

reporting of polymer exemption reports, 

but if such issues did occur the Agency 

would continue its practice of promptly 

addressing problems and, ‘‘. . . making 

appropriate accommodations (such as 

extending reporting deadlines)’’ (88 FR 

37155, June 7, 2023 (FRL–8223–02– 

OCSPP)). EPA did not anticipate the 

technical issues it had with launching 

the tool and expected the new reporting 

tool to be fully functional well ahead of 

the January 31st reporting deadline. 

Unfortunately, the tool only became 

functional three business days before 

the January 31, 2024, deadline. As EPA 

had already acknowledged that it could 

extend reporting deadlines if technical 

issues with the reporting tool arose, 

providing further notice and public 

procedure would serve no purpose and 

is unnecessary. 

APA section 553(d) (5 U.S.C. 553(d)), 

in turn, allows an agency to 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 to codify the extension 

to the 2024 reporting deadline effective 

upon publication in the Federal 

Register. 

Extending the reporting deadline for 

2024 is beneficial to regulated entities 

that need to comply with the regulations 

because it provides them with more 

time to complete the submission using 

the new electronic reporting tool. This 

final rule has no adverse impact and 

does not otherwise alter the reporting 

and recordkeeping requirements 

contained in the rule. 

II. Statutory and Executive Order 

Reviews 

Additional information about these 

statutes and Executive orders can be 

found at https://www.epa.gov/lawsregulations/laws-and-executiveorders#influence. 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

This action is not a significant 

regulatory action and was therefore not 

submitted to the Office of Management 

and Budget (OMB) for review under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011). 

B. Paperwork Reduction Act (PRA) 

This action does not contain any new 

information collection burden under the 

PRA, 44 U.S.C. 3501 et seq. OMB has 

previously approved the information 

collection activities contained in the 

existing new chemical regulations under 

OMB Control No. 2070–0038 (EPA ICR 

No. 1188.14), which was updated with 

the CBI revisions and electronic 

submission approved under OMB 

Control No. 2070–0223 (EPA ICR No. 

2707.02). This action only delays the 

reporting deadline for 2024 and does 

not otherwise change any of the 

information collection activities. 

C. Regulatory Flexibility Act (RFA) 

This action is not subject to the 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 final rule action 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 

(UMRA) 

This action does not impose any 

enforceable duty or contain any 

unfunded mandate as described under 

Title II of UMRA, 2 U.S.C. 1531–1538 et 

seq. 

E. Executive Order 13132: Federalism 

This action does not have federalism 

implications, as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999) because it will not have 

substantial direct effects on States, on 

the relationship between the National 

Government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have Tribal 

implications, as specified in Executive 

Order 13175 (65 FR 67249, November 9, 

2000) because it will not have 

substantial direct effects on Tribal 

governments, on the relationship 

between the Federal Government and 

the Indian Tribes, or on the distribution 

of power and responsibilities between 

the Federal Government and Indian 

Tribes. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

This action is not subject to Executive 

Order 13045 (62 FR 19885, April 23, 

1997), because it does not concern an 

environmental health or safety risk. 

Since this action does not concern 

human health, EPA’s 2021 Policy on 

Children’s Health does not apply. 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not a ‘‘significant 

energy action’’ as defined in Executive 

Order 13211 (66 FR 28355, May 22, 

2001), because it is not likely to have a 

significant adverse effect on the supply, 

distribution or use of energy. 

I. National Technology Transfer and 

Advancement Act (NTTAA) 

This action does not involve technical 

standards. As such, NTTAA section 

12(d), 15 U.S.C. 272. 


lotter on DSK11XQN23PROD with RULES1
12250 Federal Register / Vol. 89, No. 33 / Friday, February 16, 2024 / Rules and Regulations 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations and Executive 

Order 14096: Revitalizing Our Nation’s 

Commitment to Environmental Justice 

for All 

This action does not concern human 

health or environmental conditions and 

therefore cannot be evaluated with 

respect to the potential for 

disproportionate impacts on non-white 

and low-income populations in 

accordance with Executive Order 12898 

(59 FR 7629, February 16, 1994) and 

Executive Order 14096 (88 FR 25251, 

April 26, 2023). 

K. Congressional Review Act (CRA) 

This action is subject to the CRA, 5 

U.S.C. 801 et seq., 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 Unit 

I.D., including the basis for that finding. 

List of Subjects in 40 CFR Part 723 

Environmental protection, Chemicals, 

Hazardous substances, Reporting and 

recordkeeping requirements. 

Dated: February 9, 2024. 

Michal Freedhoff, 

Assistant Administrator, Office of Chemical 

Safety and Pollution Prevention. 

Therefore, for the reasons set forth in 

the preamble, 40 CFR chapter I is 

amended as follows: 

PART 723—PREMANUFACTURE 

NOTIFICATION EXEMPTIONS 

■ 1. The authority citation for part 723 

continues to read as follows: 

Authority: 15 U.S.C. 2604. 

■ 2. In § 723.250(f), revise the 

introductory text to read as follows: 

§ 723.250 Polymers. 

* * * * * 

(f) Exemption report for polymers 

manufactured under the terms of this 

section. For substances exempt under 

paragraphs (e)(1) through (3) of this 

section a report of manufacture or 

import must be submitted by January 31 

of the year subsequent to initial 

manufacture, except that for initial 

manufacture or import in 2023 the 

report must be submitted by March 31, 

2024. The report and accompanying 

claims must be submitted via CDX 

(https://cdx.epa.gov/), using the TSCA 

Section 5 Notices and Supports—ePMN 

application. See § 720.40(a)(2)(ii) of this 

subchapter for information on how to 

access e-PMN software. The notice must 

include: 

* * * * * 

[FR Doc. 2024–03064 Filed 2–15–24; 8:45 am] 

BILLING CODE 6560–50–P 

GENERAL SERVICES 

ADMINISTRATION 

41 CFR Parts 300–3, 301–10, 301–31, 

301–50, 301–51, 301–70 Through 301– 

76, Chapter 301, and Parts 302–1 

Through 302–9, 302–11, 302–12, 302– 

14 Through 302–17, 303–70, 304–2, 

304–3, and 304–5 

[FTR Case 2022–05; Docket No. GSA–FTR– 

2022–0005, Sequence No. 1] 

RIN 3090–AK67 

Federal Travel Regulation; Updating 

the FTR With Diversity, Equity, 

Inclusion, and Accessibility Language 

AGENCY: Office of Government-wide 

Policy (OGP), General Services 

Administration (GSA). 

ACTION: Final rule. 

SUMMARY: GSA is issuing a final rule 

that makes technical amendments to the 

Federal Travel Regulation (FTR) 

regarding gender neutrality. These 

technical amendments result in more 

inclusive language by replacing genderspecific pronouns (e.g., he, she, his, her) 

with non-gendered pronouns. These 

changes are grammatical and technical 

in nature and do not result in added 

costs or associated policy changes. 

DATES: This final rule is effective on 

April 16, 2024. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Ed Davis, Program Analyst, Office of 

Government-wide Policy, at 202–669– 

1653 or travelpolicy@gsa.gov for 

clarification of content. For information 

pertaining to status or publication 

schedules, contact the Regulatory 

Secretariat Division at 202–501–4755 or 

GSARegSec@gsa.gov. Please cite ‘‘FTR 

Case 2022–05.’’ 

SUPPLEMENTARY INFORMATION: 

I. Background 

Executive Order (E.O.) 13988, 

Preventing and Combating 

Discrimination on the Basis of Gender 

Identity or Sexual Orientation, dated 

January 20, 2021, establishes a policy 

‘‘to prevent and combat discrimination 

on the basis of gender identity or sexual 

orientation, and to fully enforce Title 

VII and other laws that prohibit 

discrimination on the basis of gender 

identity or sexual orientation.’’ 

The Federal Government must be a 

model for diversity, equity, inclusion, 

and accessibility, where all employees 

are treated with dignity and respect. 

While GSA is not aware of any specific 

instances where language in the FTR 

has been used to discriminate against an 

employee seeking reimbursement for 

travel or relocation expenses, GSA 

believes it is important to prevent any 

potential discrimination or the 

appearance of discrimination. 

Therefore, GSA has undertaken an 

extensive review of the FTR and is 

updating all instances where language 

used to identify individuals is not as 

inclusive as it could be. 

Consistent with the American 

Psychological Association (APA) Style 

Guide, 7th Edition, Publication Manual 

Section 5.5 guidance on ‘‘Gender and 

Pronoun Usage’’, GSA is replacing 

gender-specific pronouns, such as he, 

she, his, or her with more inclusive and 

respectful terminology to all segments of 

society. Other terms that do not use 

gender-specific language, such as 

employee, traveler, sibling, child, and 

parent have also been used as 

appropriate. 

II. Waiver of Proposed Rulemaking 

In developing this final rule, GSA is 

waiving notice of proposed rulemaking, 

public comment, and effective date 

procedures set forth in the 

Administrative Procedure Act, 5 U.S.C. 

553 (APA). The APA provides an 

exception to those procedures when an 

agency finds there is good cause for 

dispensing with such procedures. See 5 

U.S.C. 553(b)(3)(B), 553(d)(3). Here, 

GSA has determined that_good cause 

exists for dispensing with these 

procedures_because they are 

unnecessary. The removal of genderspecific language is a grammatical, 

technical amendment that does not 

change policy or require the 

expenditure of agency funds. It instead 

makes clear that the FTR should not be 

interpreted to condone potential gender 

discrimination or the appearance of 

gender discrimination, even if GSA is 

unaware of the FTR’s gendered language 

being used to discriminate against an 

employee. Therefore, this rule is not 

subject to notice, an opportunity for 

public comment, or a delayed effective 

date, and will be final and effective 

upon publication. 


lotter on DSK11XQN23PROD with RULES1