Federal Register / Vol. 89, No. 250 / Tuesday, December 31, 2024 / Proposed Rules 107099 

organizations must comply with the 

audit requirements of 2 CFR part 200, 

subpart F. 

* * * * * 

§ 1005.739 [Amended] 

■ 100. In § 1005.739(h), remove 

‘‘1005.219(d)(2)’’ and add in its place 

‘‘1005.219(f)(2)’’. 

§ 1005.803 [Amended] 

■ 101. In § 1005.803(a), remove 

‘‘1005.219(d)(2)’’ and add in its place 

‘‘1005.219(f)(2)’’. 

PART 1006—NATIVE HAWAIIAN 

HOUSING BLOCK GRANT PROGRAM 

■ 102. The authority citation for part 

1006 continues to read as follows: 

Authority: 12 U.S.C. 1701x, 1701x–1; 25 

U.S.C. 4221 et seq.; 42 U.S.C. 3535(d), Pub. 

L. 115–141, Pub. L. 116–6, Pub. L. 116–94, 

Pub. L. 116–260, Pub. L. 117–103, Pub. L. 

117–328. 

■ 103. In § 1006.340, revise paragraph 

(b) to read as follows: 

§ 1006.340 Treatment of program income. 

* * * * * 

(b) Authority to retain. The DHHL 

may retain any program income that is 

realized from any NHHBG funds if: 

(1) That income was realized after the 

initial disbursement of the NHHBG 

funds received by the DHHL; and 

(2) The DHHL agrees to use the 

program income for affordable housing 

activities in accordance with the 

provisions of the Act and this part. 

* * * * * 

■ 104. Revise § 1006.360 to read as 

follows: 

§ 1006.360 Conflict of interest. 

When procuring goods and services in 

accordance with 2 CFR part 200, DHHL 

and its contractors must comply with 

the applicable conflict of interest 

requirements in 2 CFR 200.317 through 

200.319. 

■ 105. In § 1006.370: 

■ a. Revise paragraph (a); 

■ b. Add a heading to paragraph (b); 

■ c. Revise paragraphs (b)(1)(iii) and 

(b)(2); and 

■ d. Add paragraph (c). 

The revisions and additions read as 

follows: 

§ 1006.370 Uniform administrative, 

requirements, cost principles, and audit 

requirements for Federal awards. 

(a) Uniform Administrative 

Requirements. The DHHL and 

subrecipients receiving NHHBG funds 

shall comply with the requirements and 

standards of 2 CFR part 200, ‘‘Uniform 

Administrative Requirements, Cost 

Principles, and Audit Requirements for 

Federal Awards’’ except as otherwise 

provided by this section. 

(b) Cost principles. 

(1) * * * 

(iii) Costs of housing (e.g., 

depreciation, maintenance, utilities, 

furnishings, rent), housing allowances, 

and personal living expenses (goods or 

services for personal use, 2 CFR 

200.445). 

* * * * * 

(2) In addition, no person providing 

consultant services in an employeremployee type of relationship shall 

receive more than a reasonable rate of 

compensation for personal services paid 

with NHHBG funds. In no event, 

however, shall such compensation 

exceed the equivalent of the daily rate 

paid for Level IV of the Executive 

Schedule. The Executive Pay Schedule 

can be obtained by visiting https://

www.opm.gov/policy-data-oversight/ 

pay-leave/salaries-wages. 

(c) Section 200.305 applies, except 

that HUD shall not require DHHL to 

expend retained program income before 

drawing down or expending NHHBG 

funds. 

§ 1006.420 [Amended] 

■ 106. In § 1006.420(b)(3), remove ‘‘2 

CFR 200.333’’ and add in its place ‘‘2 

CFR 200.334’’. 

PART 1007—SECTION 184A LOAN 

GUARANTEES FOR NATIVE 

HAWAIIAN HOUSING 

■ 107. The authority citation for part 

1007 continues to read as follows: 

Authority: 12 U.S.C. 1715z–13b; 15 U.S.C. 

1639c; 42 U.S.C. 3535(d). 

■ 108. In § 1007.50, add paragraphs (e) 

and (f) to read as follows: 

§ 1007.50 Certificate of guarantee. 

* * * * * 

(e) Registration in SAM.gov. All 

lenders and subsequent holders of the 

loan guarantee must complete entity 

validations and acquire a UEI in 

SAM.gov per 2 CFR 25.105. 

(f) Compliance with 2 CFR part 200, 

subpart F. All lenders and subsequent 

holders of the loan guarantee that are 

States, local governments, or nonprofit 

organizations must comply with the 

audit requirements of 2 CFR part 200, 

subpart F. 

Damon Y. Smith, 

General Counsel. 

[FR Doc. 2024–30260 Filed 12–30–24; 8:45 am] 

BILLING CODE 4210–67–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 700 

[EPA–HQ–OPPT–2024–0501; FRL–12463– 

01–OCSPP] 

Preliminary Lists Identifying 

Manufacturers Subject to Fee 

Obligations for Five Chemical 

Substances Undergoing EPA-Initiated 

Risk Evaluations Under the Toxic 

Substances Control Act (TSCA); Notice 

of Availability and Request for 

Comment 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Determination; request for 

comments. 

SUMMARY: The Environmental Protection 

Agency (EPA or Agency) is announcing 

the availability of and soliciting 

comment on the preliminary lists of 

manufacturers (including importers) of 

five chemical substances that have been 

designated as High-Priority Substances 

for risk evaluation under the Toxic 

Substances Control Act (TSCA) and for 

which fees will be charged. As required 

by TSCA, EPA established fees to defray 

a portion of the costs associated with 

administering certain provisions of 

TSCA. The comment period provides an 

opportunity for the public to provide 

comments, self-identify, or correct 

errors on the preliminary lists. In 

addition, manufacturers (including 

importers) are required to self-identify 

as a manufacturer (or importer) of one 

or more the five identified High-Priority 

Substances irrespective of whether they 

are included on the preliminary lists, 

and may use this period to do so. Where 

appropriate, entities may also avoid or 

reduce fee obligations by making certain 

certifications consistent with the TSCA 

Fees Rule. EPA expects to publish final 

lists of manufacturers (including 

importers) subject to fees no later than 

concurrently with the publication of the 

final scope documents for risk 

evaluations of these five High-Priority 

Substances. Manufacturers (including 

importers) identified on the final lists 

will be subject to the applicable fees. 

DATES: Comments must be received on 

or before March 3, 2025. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPPT–2024–0501, 

online at https://www.regulations.gov. 

Follow the online instructions for 

submitting comments. Do not submit 

electronically any information you 

consider to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 


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Additional instructions on commenting 

or visiting the docket, along with more 

information about dockets generally, is 

available at https://www.epa.gov/ 

dockets. 

FOR FURTHER INFORMATION CONTACT: 

For technical information: Kathleen 

Ferry, Existing Chemicals Risk 

Management Division (7404M), Office of 

Pollution Prevention and Toxics, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW, Washington, DC 

20460–0001; telephone number: (202) 

564–2214; email address: 

ferry.kathleen@epa.gov. 

For general information: The TSCAHotline, 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? 

This action applies to entities that 

manufacture (including import) a 

chemical substance undergoing a risk 

evaluation under TSCA section 6(b) 

(e.g., entities identified under North 

American Industrial Classification 

System (NAICS) codes 325 and 324110). 

The action may also be of interest to 

chemical processors, distributors in 

commerce, and users; non-governmental 

organizations in the environmental and 

public health sectors; state and local 

government agencies; and members of 

the public. Since other entities may also 

be interested, the Agency has not 

attempted to describe all the specific 

entities and corresponding NAICS codes 

for entities that may be interested in or 

affected by this action. 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? 

TSCA section 26(b), 15 U.S.C. 

2625(b), provides EPA with authority to 

establish fees to defray a portion of the 

costs associated with administering 

EPA-initiated TSCA section 6 risk 

evaluations. The implementing fee 

regulations, which are codified in 40 

CFR part 700, subpart C, imposes a fee 

for any person who manufactures 

(including imports) a chemical 

substance that is the subject of an EPAinitiated risk evaluation under TSCA 

section 6 (Ref. 1). The requirements for 

those fee payments are codified in 40 

CFR 700.45. See also https://

www.epa.gov/tsca-fees. 

C. What action is the Agency taking? 

EPA is publishing preliminary lists 

identifying manufacturers (including 

importers) that may be subject to fee 

obligations under 40 CFR 700.45, 

associated with each EPA-initiated risk 

evaluation of the following five HighPriority Substances under TSCA section 

6 (Refs. 2): 

• Acetaldehyde (CASRN 75–07–0); 

• Acrylonitrile (CASRN 107–13–1); 

• Benzenamine (CASRN 62–53–3); 

• Vinyl chloride (CASRN 75–01–4); 

and 

• 4,4′-Methylene bis(2-chloroaniline) 

(CASRN 101–14–4). 

EPA is also providing an opportunity 

for public comment during which 

manufacturers (including importers) are 

required to self-identify as a 

manufacturer (including importer) of a 

High-Priority Substance, irrespective of 

whether they are listed on the 

preliminary list, unless they meet one or 

more of the exemptions listed in 40 CFR 

700.45(a)(3)(i) through (iii) (i.e., 

importing articles, producing as a 

byproduct that is not later used or 

distributed for commercial purposes, 

and manufacturing as an impurity). 

During this comment period, 

manufacturers and importers may make 

certain certifications to EPA to avoid or 

reduce fee obligations. The public will 

also have the opportunity to correct 

errors or provide comments on the 

preliminary lists. EPA is providing a 60- 

day comment period, which exceeds the 

minimum 30-day comment period 

established in 40 CFR 700.45(b)(4), to 

maximize public participation during 

the comment period for the preliminary 

lists. EPA expects to publish final lists 

of manufacturers (including importers) 

subject to fees no later than 

concurrently with the publication of the 

final scope document for risk 

evaluations of these five High-Priority 

Substances. Manufacturers (including 

importers) identified on the final lists 

will be subject to applicable fees under 

40 CFR 700.45. 

D. Why is the Agency taking this action? 

TSCA section 26 authorizes EPA to 

establish, by rule, a fee structure to 

defray some of the costs of 

administering certain provisions of 

TSCA. Established in 2018 and 

amended in 2024, pursuant to the TSCA 

Fee Rule EPA will collect payment from 

manufacturers (including importers) 

who manufacture (including import) a 

chemical substance that is the subject of 

a risk evaluation under TSCA section 

6(b). As intended by Congress, these 

fees are a sustainable source of funds for 

EPA to fulfill its legal obligations such 

as conducting risk evaluations to 

determine whether a chemical 

substance presents an unreasonable risk 

of injury to health or the environment, 

as required under TSCA section 6. 

Pursuant to TSCA section 6(b) and its 

implementing regulations, EPA 

designated the five chemical substances 

listed in Unit I.C. as High-Priority 

Substances for risk evaluation (EPA– 

HQ–OPPT–2018–0464–0002). EPA is 

now preliminarily identifying the 

manufacturers (including importers) 

that may be subject to fee obligations 

associated with the risk evaluations of 

the five High-Priority Substances. 

E. What should I consider as I prepare 

my comments for EPA? 

1. Submitting Confidential Business 

Information (CBI) 

Do not submit CBI to EPA through 

https://www.regulations.gov or email. If 

you wish to include CBI in your 

comment, please follow the applicable 

instructions at https://www.epa.gov/ 

dockets/commenting-epa-dockets#rules 

and clearly mark the part or all of the 

information that you claim to be CBI. In 

addition to one complete version of the 

comment that includes information 

claimed as CBI, a copy of the comment 

that does not contain the information 

claimed as CBI must be submitted for 

inclusion in the public docket. 

Information so marked will not be 

disclosed except in accordance with 

procedures set forth in 40 CFR parts 2 

and 703. 

2. Tips for Preparing Your Comments 

When preparing and submitting your 

comments, see the commenting tips at 

https://www.epa.gov/dockets/ 

comments.html. 

II. Background 

TSCA section 6(b)(3)(C) requires EPA 

to designate at least one new HighPriority Substance for risk evaluation 

upon completion of each risk evaluation 

for a High-Priority Substance. Because 

EPA generally expects to complete five 

risk evaluations per year over the next 

several years, in December 2024, EPA 

designated the five chemical substances 

listed in Unit I.C. as High-Priority 

Substances for risk evaluation. Under 

TSCA section 6(b)(1)(B) and its 

implementing regulations (40 CFR 

702.3), a High-Priority Substance is 

defined as a chemical substance that 

EPA determines, without consideration 

of costs or other non-risk factors, may 

present an unreasonable risk of injury to 

health or the environment because of a 

potential hazard and a potential route of 

exposure under the conditions of use, 


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Federal Register / Vol. 89, No. 250 / Tuesday, December 31, 2024 / Proposed Rules 107101 

including an unreasonable risk to 

potentially exposed or susceptible 

subpopulations identified as relevant by 

EPA. EPA is now announcing the 

availability of the preliminary lists of 

fee payers for the risk evaluations for 

these five High-Priority Substances. 

In addition, in February 2024, EPA 

amended the 2018 TSCA Fees Rule to 

revise the fee amounts, which entities 

are obligated to pay fees, and the 

requirements for self-identification (Ref. 

1 and 3). Specifically, EPA 2024 final 

rule established fee amounts based on 

EPA’s total costs for administering 

TSCA; provided six exemptions for 

entities subject to the EPA-initiated risk 

evaluation fees; modified the selfidentification and reporting 

requirements; established a productionvolume-based fee allocation for EPAinitiated risk evaluations; and extended 

timeframes for certain fee payments and 

notices, among other changes. The 

TSCA Fee Rule is codified in 40 CFR 

part 700, subpart C. 

III. Preliminary Lists and Requirements 

for Self-Identification 

A. The Preliminary Lists 

This document announces the 

availability of EPA’s preliminary lists of 

manufacturers (including importers) 

associated with each TSCA section 6 

risk evaluation for the five High-Priority 

Substances who are potentially 

responsible for payment of fees, as 

required by 40 CFR 700.45. The 

preliminary lists are available at in the 

docket (Ref. 4, 5, 6, 7, and 8). EPA 

developed the preliminary lists using 

the most up-to-date information 

available, including information 

submitted to the Agency (e.g., 

information submitted under TSCA 

section 8(a) (including the Chemical 

Data Reporting (CDR) Rule), TSCA 

section 8(b), and to the Toxics Release 

Inventory (TRI)). 

This documents initiates a 60-day 

comment period during which 

manufacturers (including importers) of 

the chemical substance must selfidentify as a manufacturer (or importer) 

to EPA (40 CFR 700.45(b)(5)). Where 

appropriate, entities may also certify as 

to ‘‘no manufacture’’, ‘‘cessation’’ of 

manufacture or to meeting an 

exemption, in accordance with 40 CFR 

700.45(b)(5)(ii)–(iv). Manufacturers 

(including importers) are required to 

provide EPA with the contact 

information as described in 40 CFR 

700.45(b)(5)(i). The public will also 

have the opportunity to correct errors in 

the preliminary lists during the 

comment period. EPA expects to 

publish a final list of manufacturers 

subject to fees for each chemical 

substance following the comment 

period and no later than the date EPA 

issues the final scope document for 

these five High-Priority Substances. 

Manufacturers listed on the final lists 

will be subject to applicable fees under 

40 CFR 700.45. 

EPA is soliciting public comments 

that would inform the final lists by 

defining the universe of manufacturers 

(including importers) obligated to pay 

fees associated with each TSCA section 

6 EPA-initiated risk evaluation for the 

five chemical substances identified in 

Unit I.C. 

B. Self-Identifying as a Manufacturer or 

Importer 

In accordance with 40 CFR 

700.45(b)(5), all persons who have 

manufactured or imported any of the 

five chemical substances designated as 

High-Priority Substances in the five 

years preceding publication of this 

preliminary list, other than those 

meeting the article, byproduct, and 

impurity exemptions listed in 40 CFR 

700.45(a)(3)(i) through (iii), must submit 

notice to EPA, irrespective of whether 

they are included in the preliminary list 

specified in paragraph (b)(3) of this 

section. The manufacturers (including 

importers) of a chemical substance as a 

non-isolated intermediate as defined in 

40 CFR 704.3, for research and 

development described under 40 CFR 

700.45(a)(3)(v), and those who 

manufacture (including import) 

quantities below a 2,500 lbs annual 

production volume described under 40 

CFR 700.45(a)(3)(vi) must still selfidentify even though they meet an 

exemption. In addition, as discussed in 

more detail in Unit III.B.4., certain 

manufacturers (including importers) 

must submit their production volume 

for the applicable substance for the 

calendar years 2022, 2023 and 2024. 

The notice must be submitted 

electronically via EPA’s Central Data 

Exchange (CDX), the Agency’s 

electronic reporting portal, using the 

Chemical Information Submission 

System (CISS) reporting tool, and must 

contain the following information: 

Name and address of the submitting 

company, the name and address of the 

authorized official for the submitting 

company, and the name and telephone 

number of a person who will serve as 

technical contact for the submitting 

company and who will be able to 

answer questions about the information 

submitted by the company to EPA. 

Manufacturers (including importers) 

on the preliminary lists have an 

opportunity to certify through CDX that: 

(1) they have already ceased 

manufacturing prior to the defined 

cutoff dates and will not manufacture 

(including import) in the successive five 

years; (2) they have not manufactured 

the chemical substance in the five-year 

period preceding publication of the 

preliminary lists; or (3) they meet one of 

the six exemptions at 40 CFR 

700.45(a)(3)(i) through (vi). If EPA 

receives such a certification statement 

from a manufacturer, then the 

manufacturer will not be obligated to 

pay the fee, unless all manufacturers of 

a chemical substance manufacture the 

chemical in quantities below a 2,500 lbs 

annual production volume, in which 

case the exemption is not applicable, 

and those manufacturers are obligated to 

pay the fee. Manufacturers (including 

importers) who are not listed on the 

preliminary lists and otherwise believe 

they can certify that they are not subject 

to fee obligations as described in this 

Unit and in 40 CFR 700.45(b)(5) may 

choose to attest to these facts to EPA. In 

addition, entities will have the 

opportunity to certify as to whether they 

meet the definition of a ‘‘small business 

concern’’ as defined in 40 CFR 700.43 

and qualify for a reduced fee amount. 

1. Certifying an Exit From the Market 

Manufacturers (including importers) 

certifying an exit from the market (i.e., 

cessation of manufacture and import) of 

any of the five High-Priority substances 

must have ceased manufacture prior to 

the certification cutoff date of December 

18, 2023, and are prohibited from 

manufacturing the substance again in 

the successive five years. If EPA 

receives a certification attesting to these 

facts, the manufacturer will not be 

included in the final list of 

manufacturers and will not be obligated 

to pay the fee under this section. 

Manufacturers (including importers) 

planning to cease manufacture 

(including import) in the future (but 

have not yet done so), or those which 

have already ceased but may re-enter 

the market within the next five years, 

would not be permitted to certify out of 

the fee obligation. Manufacturers 

(including importers) which certify 

cessation are not required to provide 

production volume as discussed in B.4. 

of this Unit. 

2. Certification of no Manufacture 

Manufacturers (including importers) 

identified on the preliminary list but 

have not manufactured the chemical in 

the five-year period preceding 

publication of this preliminary list, 

should submit a certification statement 

attesting to these facts. If EPA receives 

such a certification statement from a 

manufacturer, the manufacturer will not 


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107102 Federal Register / Vol. 89, No. 250 / Tuesday, December 31, 2024 / Proposed Rules 

be included in the final list of 

manufacturers and will not be obligated 

to pay the fee under this section. 

3. Certification of Meeting Exemptions 

Manufacturers (including importers) 

of a chemical substance which 

exclusively qualify for one or more of 

the following exemptions will not be 

obligated to pay fees: (i) import of 

articles containing the chemical 

substance; (ii) produce the chemical 

substance as a byproduct that is not 

later used for commercial purposes or 

distributed for commercial use; (iii) 

manufacture the chemical substance as 

an impurity as defined in 40 CFR 704.3; 

(iv) manufacture the chemical substance 

as a non-isolated intermediate as 

defined in 40 CFR 704.3; (v) 

manufacture small quantities of the 

chemical substance solely for research 

and development, as defined in 40 CFR 

700.43; or (vi) manufacture the chemical 

substance in quantities below a 2,500 

lbs annual production volume as 

described in 40 CFR 700.43, unless all 

manufacturers of a chemical substance 

manufacture the chemical in quantities 

below a 2,500 lbs annual production 

volume in which case the exemption is 

not applicable and those manufacturers 

are obligated to pay the fee. 

In order to avoid fee payment based 

on an exemption for all but the 

production volume exemption under 40 

CFR 700.45(a)(3)(vi), the manufacturer 

must meet one or more exemptions, and 

not conduct manufacturing outside of 

those exemptions, on or after the 

certification cutoff date of December 18, 

2023, and meet one or more of the 

exemptions in the successive five years. 

To meet the requirements for the 

production volume exemption under 40 

CFR 700.45(a)(3)(vi), the manufacturer 

must meet that exemption for the fiveyear period preceding publication of the 

preliminary list (i.e., have had a 

production volume below 2,500 lbs 

annually for the previous five years), 

does not conduct manufacturing of that 

chemical substance outside of the 

exemption, and will meet the exemption 

in the successive five years. 

If a manufacturer is identified on the 

preliminary list and exclusively meets 

one or more of these exemptions, the 

manufacturer must submit a 

certification statement attesting to these 

facts in order to not be included in the 

final list of manufacturers. Regardless of 

whether they are included on the 

preliminary list or not, manufacturers 

(including importers) of a chemical 

substance as a non-isolated intermediate 

(i.e., the exemption under 40 CFR 

700.45(a)(3)(iv)), for research and 

development (i.e., the exemption under 

40 CFR 700.45(a)(3)(v)), and 

manufacturers (including importers) of a 

chemical substance in quantities below 

a 2,500 lbs annual production volume 

(i.e., the exemption under 40 CFR 

700.45(a)(3)(vi)), must self-identify to 

EPA. Requiring self-identification of 

manufacturers that qualify for the 

production volume-based exemption 

allows EPA to allocate fees based on 

production volume and collect fees in a 

timely manner in situations in which all 

fee payers have met that exemption 

criteria. In addition, those 

manufacturers (including importers) 

meeting the production volume 

exemption under 40 CFR 

700.45(a)(3)(vi) must report their 

production volume for the three 

calendar years prior to publication of 

the preliminary list. 

4. Reporting Production Volume 

Manufacturers (including importers) 

that do not submit a certification of 

cessation, a certification of no 

manufacture, or does not meet one or 

more of the exemptions, other than the 

production volume exemption in 40 

CFR 700.45(a)(3)(vi), must submit their 

production volume for the applicable 

substance for the three calendar years 

prior to publication of the preliminary 

list (40 CFR 700.45(b)(5)(v)). Similar to 

the requirements in the CDR rule, two 

significant figures should be used when 

calculating production volume. 

Companies with multiple facilities 

producing the same chemical substance 

should include the total aggregated 

production volume from all facilities 

when calculating the average 

production volume. Such companies 

should also not double count 

distribution of the same chemical 

substance within one company when 

that chemical mixture is 

‘‘manufactured’’ more than once (e.g., a 

company that manufactures a chemical, 

then exports for further processing, then 

imports the chemical mixture would not 

need to double count its production 

volume). Note, this does not apply if 

multiple companies are involved (e.g., a 

company manufactures a chemical, then 

exports it for additional processing, then 

a separate company imports the 

mixture). EPA will assess a fee for each 

of those manufacturers based on the 

production volume that they separately 

manufacture or import. EPA does not 

require the inclusion of non-TSCA 

chemicals in production volume 

calculations. 

C. Failure To Self-Identify 

Manufacturers (including importers) 

who fail to self-identify as 

manufacturers subject to fee obligations, 

as required by the Fees Rule (Ref. 1), 

may be subject to a penalty under TSCA 

section 16. Each day of failed selfidentification by a manufacturer 

(including importer) past the 

publication of the final list is a separate 

TSCA violation subject to penalty. 

Likewise, manufacturers (including 

importers) who falsely certify to having 

ceased manufacture (including import) 

or not re-initiating manufacture 

(including import) within five years will 

also be subject to penalty, as described 

in Unit III.H. of the 2018 Fees Rule (Ref. 

3). 

D. Fee Obligations 

Fee obligations are set forth in 40 CFR 

700.45 and include a total fee of 

$4,287,000 for each chemical substance 

undergoing EPA-initiated risk 

evaluation, with a reduced fee amount 

for small business concerns (Ref. 1). The 

total fee is shared amongst all identified 

manufacturers (including importers). 

The Fees Rule provides more detailed 

information on how EPA determined 

the fee amounts (Ref. 1). As required by 

40 CFR 700.45(g)(3)(iv)(A), fees will be 

paid in two installments, with the first 

payment of 50% due 180 days after 

publishing the final scope of a risk 

evaluation and the second payment for 

the remainder of the fee due after 545 

days after publishing the final scope of 

a risk evaluation. Manufacturers may 

also form a consortium to pay fees in 

accordance with 40 CFR 700.45(f)(3). 

The consortium must notify EPA that a 

consortium has formed within 90 days 

of the publication of the final scope of 

a risk evaluation (40 CFR 

700.45(f)(3)(i)). Once established, the 

consortium would determine how the 

fee would be split among the members, 

and ultimately paid to EPA. For the 

consortium to qualify for the reduced 

small business fee, each person in the 

consortium must qualify as a small 

business concern under 40 CFR 700.43. 

E. Providing Public Comments 

With publication of the preliminary 

lists, EPA is providing a 60-day 

comment period for manufacturers 

(including importers) and the public to 

correct errors, self-identify as a 

manufacturer, or certify that they have 

already exited the market and that they 

will not resume manufacture (including 

import) for a period of five years. After 

the comment period for the preliminary 

lists of entities subject to a fee 

obligation, EPA expects to make any 

necessary updates or corrections before 

publishing final lists of manufacturers 

for each of the five High-Priority 

Substances. If information received 

during the public comment period 


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Federal Register / Vol. 89, No. 250 / Tuesday, December 31, 2024 / Proposed Rules 107103 

1https://railroads.dot.gov/elibrary/guidancesubmitting-requests-waivers-block-signalapplications-and-other-approval-requests; 88 FR 

1448 (Jan. 10, 2023). 

would prompt the addition of 

manufacturers (including importers) to 

the final lists, then EPA plans to first 

notify those manufacturers (including 

importers). 

EPA expects the final lists will 

indicate whether any manufacturers 

were identified in error, any additional 

manufacturers that were identified 

through the comment period or selfidentification process, and whether any 

manufacturers have certified that they 

have already ceased manufacture 

(including import) prior to the cutoff 

date of December 18, 2023, and will not 

manufacture the subject chemical 

substance for five years. The final list 

will be published no later than 

concurrently with the final scope 

document for each risk evaluation 

initiated by EPA under TSCA section 6 

for these five High-Priority Substances. 

IV. References 

The following is a listing of the 

documents that are specifically 

referenced in this notice. The docket 

includes these documents and other 

information considered by EPA, 

including documents that are referenced 

within the documents that are included 

in the docket, even if the referenced 

document is not physically located in 

the docket. For assistance in locating 

these other documents, please consult 

the technical person listed under FOR

FURTHER INFORMATION CONTACT. 

1. EPA. Final Rule: Fees for Administration 

of Toxic Substances Control Act; Final 

Rule. Federal Register. 89 FR 12961, 

February 21, 2024 (FRL–7911–05– 

OCSPP). 

2. EPA. Notice: High-Priority Substance 

Designations Under the Toxic 

Substances Control Act (TSCA) and 

Initiation of Risk Evaluation on HighPriority Substances; Notice of 

Availability. Federal Register. 89 FR 

102903, December 18, 2024 (FRL–11581– 

07–OCSPP) (Docket ID No. EPA–HQ– 

OPPT–2023–0601). 

3. EPA. Final Rule: Fees for Administration 

of Toxic Substances Control Act. Federal 

Register. 83 FR 52694, October 17, 2018 

(FRL–9984–41). 

4. EPA. Preliminary List Identifying 

Manufacturers Subject to Fee Obligations 

for EPA-Initiated Risk Evaluations of 

Chemical, Acetaldehyde, CASRN 75–07– 

0. December 2024. 

5. EPA. Preliminary List Identifying 

Manufacturers Subject to Fee Obligations 

for EPA-Initiated Risk Evaluations of 

Chemical, Acrylonitrile, CASRN 107– 

13–1. December 2024. 

6. EPA. Preliminary List Identifying 

Manufacturers Subject to Fee Obligations 

for EPA-Initiated Risk Evaluations of 

Chemical, Benzenamine, CASRN 62–53– 

3. December 2024. 

7. EPA. Preliminary List Identifying 

Manufacturers Subject to Fee Obligations 

for EPA-Initiated Risk Evaluations of 

Chemical, Vinyl Chloride, CASRN 75– 

01–4. December 2024. 

8. EPA. Preliminary List Identifying 

Manufacturers Subject to Fee Obligations 

for EPA-Initiated Risk Evaluations of 

Chemical, 4,4′-Methylene bis(2- 

chloroaniline) (MBOCA), CASRN 101– 

14–4. December 2024. 

Authority: 15 U.S.C. 2601 et seq. 

Michael S. Regan, 

Administrator. 

[FR Doc. 2024–30930 Filed 12–30–24; 8:45 am] 

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DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

49 CFR Part 211 

[Docket No. FRA–2024–0033, Notice No. 3] 

RIN 2130–AC97 

Federal Railroad Administration’s 

Procedures for Waivers and SafetyRelated Proceedings; Withdrawal 

AGENCY: Federal Railroad 

Administration (FRA), U.S. Department 

of Transportation (DOT). 

ACTION: Notice of proposed rulemaking 

(NPRM); withdrawal. 

SUMMARY: FRA is withdrawing the 

October 29, 2024, NPRM that proposed 

to update FRA’s procedures for waivers 

and safety-related proceedings to define 

the two components of the statutory 

waiver and suspension standard, ‘‘in the 

public interest’’ and ‘‘consistent with 

railroad safety.’’ 

DATES: The NPRM published at 89 FR 

85895 on October 29, 2024, is 

withdrawn as of December 31, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Veronica Chittim, Senior Attorney, 

Office of the Chief Counsel, at 

veronica.chittim@dot.gov, 202–480– 

3410; or Lucinda Henriksen, Senior 

Advisor, Office of Railroad Safety, at 

lucinda.henriksen@dot.gov, 202–657– 

2842. 

SUPPLEMENTARY INFORMATION: 

Background 

This action withdraws an NPRM 

published in the Federal Register on 

October 29, 2024 (89 FR 85895), that 

proposed to update FRA’s procedures 

for waivers and safety-related 

proceedings to define the two 

components of the statutory waiver and 

suspension standard, ‘‘in the public 

interest’’ and ‘‘consistent with railroad 

safety.’’ The NPRM’s comment period is 

scheduled to close on January 15, 2025. 

Reason for Withdrawal 

In light of resource constraints to 

address the numerous rail safety matters 

before the agency and because FRA has 

previously issued guidance on the 

subject matter covered by the NPRM,1

FRA has decided to withdraw the 

NPRM. FRA may pursue similar 

regulations in the future and will 

consider updating the existing guidance. 

Despite the decision not to move 

forward with the proposed rule at this 

time, FRA appreciates and takes 

seriously the thoughtful perspectives 

raised by stakeholders concerning the 

waiver process. FRA will continue 

engaging with its stakeholders on all rail 

safety matters. 

Conclusion 

The NPRM published in the Federal 

Register on October 29, 2024 (89 FR 

85895), is hereby withdrawn. 

Authority: 49 U.S.C. 20103, 20107, 

20114, 20306, 20502–20504, and 49 CFR 

1.89. 

Issued in Washington, DC. 

Allison Ishihara Fultz, 

Chief Counsel. 

[FR Doc. 2024–31065 Filed 12–30–24; 8:45 am] 

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