[Federal Register Volume 82, Number 109 (Thursday, June 8, 2017)]
[Proposed Rules]
[Pages 26644-26649]
[FR Doc No: 2017-11695]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 721

[EPA-HQ-OPPT-2016-0207; FRL-9959-37]
RIN 2070-AB27

Significant New Use Rule on Certain Chemical Substances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing a significant new use rule (SNUR) under the
Toxic Substances Control Act (TSCA) for one chemical substance that was
the subject of a premanufacture notice (PMN). The applicable review
period for the PMN submitted for this chemical substance ended prior to
June 22, 2016, the date on which President Obama signed into law the
Frank R. Lautenberg Chemical Safety for the 21st Century Act (which
amends TSCA). This action would require persons who intend to
manufacture (defined by statute to include import) or process the
chemical substance for an activity that is designated as a significant
new use by this proposed rule to notify EPA at least 90 days before
commencing that activity. The required notification initiates EPA's
evaluation of the intended use within the applicable review period.
Manufacture and processing for the significant new use is unable to
commence until EPA has conducted a review of the notice, made an
appropriate determination on the notice, and take such actions as are
required with that determination.

DATES: Comments must be received on or before July 10, 2017.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPPT-2016-0207, by one of the following methods:
     Federal eRulemaking Portal: http://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.
     Mail: Document Control Office (7407M), Office of Pollution
Prevention and Toxics (OPPT), Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington, DC 20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.html.
    Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT:
    For technical information contact: Kenneth Moss, Chemical Control
Division (7405M), Office of Pollution Prevention and Toxics,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; email
address<EMAIL_ADDRESS>    For general information contact: The TSCA-Hotline, ABVI-Goodwill,
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202)
554-1404; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you manufacture,
process, or use the chemical substance contained in this proposed rule.
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:
    Manufacturers (including importers) or processors of the subject
chemical substance (NAICS codes 325 and 324110), e.g., chemical
manufacturing and petroleum refineries.
    This action may also affect certain entities through pre-existing
import certification and export notification rules under TSCA. Chemical
importers are subject to the TSCA section 13 (15 U.S.C. 2612) import
certification requirements promulgated at 19 CFR 12.118 through 12.127
and 19 CFR 127.28. Chemical importers must certify that the shipment of
the chemical substance complies with all applicable rules and orders
under TSCA. Importers of chemicals subject to these SNURs must certify
their compliance with the SNUR requirements. The EPA policy in support
of import certification appears at 40 CFR part 707, subpart B. In
addition, any persons who export or intend to export a chemical
substance to a proposed or final rule are subject to the export
notification provisions of TSCA section 12(b) (15 U.S.C. 2611(b)) (see
Sec.  721.20), and must comply with the export notification
requirements in 40 CFR part 707, subpart D.

B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as 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 part 2.
    2. Tips for preparing your comments. When preparing and submitting
your comments, see the commenting tips at http://www.epa.gov/dockets/comments.html.

II. Background

A. What action is the Agency taking?

    EPA is proposing this SNUR under TSCA section 5(a)(2) for the
chemical substance that was the subject of PMN P-11-482. This SNUR
would require persons who intend to manufacture or process this
chemical substance for an activity that is designated as a significant
new use to notify EPA at least 90 days before commencing that activity.
In accordance with the procedures at Sec.  721.160(c)(3)(i), in the
Federal Register publication of November 17, 2016 (81 FR 81250) (FRL-
9953-41) EPA issued a direct final SNUR on this chemical substance,
which is the subject of a PMN. EPA received a notice of intent to
submit adverse comments on this SNUR. Therefore, as required by Sec.
721.160(c)(3)(ii), EPA withdrew the direct final SNURs in the Federal
Register of January 19, 2017 (82 FR 6277) (FRL-9958-20), and is now
issuing this proposed rule on the chemical substance. The records for
the direct final SNUR on the chemical substance were established as
docket EPA-HQ-OPPT-2016-0207. Those records include information
considered by the Agency in developing the direct final rule. While
notices of intent to submit adverse comments were received during the
direct final rule phase, only one substantive comment was submitted.
The commenter noted a discrepancy between requirements in the consent
order and SNUR. While the consent order allows limited surface water
releases from the manufacturing process, the direct final SNUR
designated as a significant new use any purposeful or predictable
releases to surface waters. To make the SNUR consistent with consent
order requirements, in this proposed SNUR EPA has designated as a
significant new use any predictable or purposeful releases to water
from manufacturing, processing, or use other than the water releases
described in the PMN for the manufacturing process of P-11-482. EPA
awaits further comment during the open comment period for this proposed
rule.

B. What is the Agency's authority for taking this action?

    Section 5(a)(2) of TSCA (15 U.S.C. 2604(a)(2)) authorizes EPA to
determine that a use of a chemical substance is a ``significant new
use.'' EPA must make this determination by rule after considering all
relevant factors, including the four bulleted TSCA section 5(a)(2)
factors listed in Unit III. Once EPA determines that a use of a
chemical substance is a significant new use, TSCA section 5(a)(1)(B)
requires persons to submit a significant new use notice (SNUN) to EPA
at least 90 days before they manufacture or process the chemical
substance for that use (15 U.S.C. 2604(a)(1)(B)(i)). TSCA furthermore
prohibits such manufacturing or processing from commencing until EPA
has conducted a review of the notice, made an appropriate determination
on the notice, and taken such actions as are required in association
with that determination (15 U.S.C. 2604(a)(1)(B)(ii)). As described in
Unit V., the general SNUR provisions are found at 40 CFR part 721,
subpart A.

C. Applicability of General Provisions

    General provisions for SNURs appear in 40 CFR part 721, subpart A.
These provisions describe persons subject to the rule, recordkeeping
requirements, exemptions to reporting requirements, and applicability
of the rule to uses occurring before the effective date of the final
rule. Provisions relating to user fees appear at 40 CFR part 700.
According to Sec.  721.1(c), persons subject to these SNURs must comply
with the same SNUN requirements and EPA regulatory procedures as
submitters of PMNs under TSCA section 5(a)(1)(A). In particular, these
requirements include the information submission requirements of TSCA
section 5(b) and 5(d)(1), the exemptions authorized by TSCA section
5(h)(1), (h)(2), (h)(3), and (h)(5), and the regulations at 40 CFR part
720. Once EPA receives a SNUN, EPA must either determine that the
significant new use is not likely to present an unreasonable risk of
injury or take such regulatory action as is associated with an
alternative determination before the manufacture or processing for the
significant new use can commence. If EPA determines that the
significant new use is not likely to present an unreasonable risk, EPA
is required under TSCA section 5(g) to make public, and submit for
publication in the Federal Register, a statement of EPA's findings.

III. Significant New Use Determination

    Section 5(a)(2) of TSCA states that EPA's determination that a use
of a chemical substance is a significant new use must be made after
consideration of all relevant factors, including:
     The projected volume of manufacturing and processing of a
chemical substance.
     The extent to which a use changes the type or form of
exposure of human beings or the environment to a chemical substance.
     The extent to which a use increases the magnitude and
duration of exposure of human beings or the environment to a chemical
substance.
     The reasonably anticipated manner and methods of
manufacturing,

processing, distribution in commerce, and disposal of a chemical
substance.
    In addition to these factors enumerated in TSCA section 5(a)(2),
the statute authorized EPA to consider any other relevant factors.
    To determine what would constitute a significant new use for the
chemical substances that are the subject of these SNURs, EPA considered
relevant information about the toxicity of the chemical substances,
likely human exposures and environmental releases associated with
possible uses, and the four bulleted TSCA section 5(a)(2) factors
listed in this unit.

IV. Substances Subject to This Proposed Rule

    EPA is proposing significant new use and recordkeeping requirements
for one chemical substance in 40 CFR part 721, subpart E. In this unit,
EPA provides the following information for the chemical substance:
     PMN number.
     Chemical name (generic name, if the specific name is
claimed as CBI).
     Chemical Abstracts Service (CAS) Registry number (assigned
for non-confidential chemical identities).
     Public comments and EPA's response to comments on the
direct final SNURs.
     Basis for the TSCA non-section 5(e) SNURs (i.e., SNURs
without TSCA section 5(e) consent orders).
     Tests recommended by EPA to provide sufficient information
to evaluate the chemical substance (see Unit VII. for more
information).
     CFR citation assigned in the regulatory text section of
this proposed rule.
    The regulatory text section of this proposed rule specifies the
activities designated as significant new uses. Certain new uses,
including production volume limits (i.e., limits on manufacture volume)
and other uses designated in this proposed rule, may be claimed as CBI.

PMN Number P-11-482

    Chemical name: Bimodal mixture consisting of multi-walled carbon
nanotubes and other classes of carbon nanotubes (generic).
    CAS number: Claimed confidential.
    Basis for action: The PMN states that the generic use of the PMN
substance will be as a specialty additive. Based on test data on
analogous respirable, poorly soluble particulates and nanocarbon
materials, EPA identified concerns for pulmonary toxicity and
oncogenicity. Based on test data for other nanocarbon materials EPA
identified concerns for environmental toxicity. The Order was issued
under TSCA sections 5(e)(1)(A)(i) and 5(e)(1)(A)(ii)(I), based on a
finding that the substance may present an unreasonable risk of injury
to human health and the environment. To protect against these risks,
the consent order requires:
    1. Use of personal protective equipment involving impervious gloves
and protective clothing (where there is a potential for dermal
exposures) and a National Institute for Occupational Safety and Health
(NIOSH)-certified air purifying, tight-fitting full-face respirator
equipped with N-100, P-100, or R-100 cartridges, or power air purifying
particulate respirator with an Assigned Protection Factor (APF) of at
least 50 (where there is a potential for inhalation exposures).
    2. Submission of a dustiness test within six months of notice of
commencement of manufacture (NOC).
    3. Submission of certain physical chemical properties data within
the time limits specified in the consent order.
    4. Processing and use of the PMN substance only for the use
specified in the consent order, including no application method that
generates a vapor, mist or aerosol unless the application method occurs
in an enclosed process.
    5. No predictable or purposeful releases to water from
manufacturing, processing, or use other than the water releases
described in the PMN for the manufacturing process of P-11-482 and
disposal of the PMN substance only by landfill or incineration.
    The SNUR would designate as a ``significant new use'' the absence
of these protective measures.
    Recommended testing: EPA has determined that the development of
data on certain physical-chemical properties, as well as certain human
health and environmental toxicity testing would help characterize
possible effects of the substance. The submitter has agreed to provide
a dustiness test (European Standard EU 15051) by six months from
commencement of manufacture. In addition, the submitter has agreed to
provide certain physical chemical property testing as required in the
consent order after the commencement of manufacture.
    Although the order does not require a 90-day inhalation toxicity
test (OPPTS Test Guideline 870.3465 or Organisation for Economic Co-
operation and Development (OECD) Test Guideline 413) in rats with a
post-exposure observation period of up to 9 months (including BALF
analysis, a determination of cardiovascular toxicity (clinically-based
blood/plasma protein analyses), and histopathology of the heart), a
two-year inhalation bioassay (OPPTS Test Guideline 870.4200), a daphnid
chronic toxicity test (OPPTS Test Guideline 850.1300), a fish early
life stage toxicity test (OPPTS Test Guideline 850.1400), or an algal
toxicity test (OCSPP Test Guideline 850.4500), the Order's restrictions
on manufacture, processing, distribution in commerce, and disposal will
remain in effect until the Order is modified or revoked by EPA based on
submission of this or other relevant information.
    CFR citation: 40 CFR 721.10927.

V. Rationale and Objectives of the Proposed Rule

A. Rationale

    During review of the PMN submitted for the chemical substance that
is subject to this SNUR, EPA determined that one or more of the
criteria of concern established at Sec.  721.170 were met. For
additional discussion on this chemical substance, see Units II. and IV.
of this proposed rule.

B. Objectives

    EPA is proposing this SNUR for specific chemical substance which
have undergone premanufacture review because the Agency wants to
achieve the following objectives with regard to the significant new
uses designated in this proposed rule:
     EPA would receive notice of any person's intent to
manufacture or process the listed chemical substance for the described
significant new use before that activity begins.
     EPA would have an opportunity to review and evaluate data
submitted in a SNUN before the notice submitter begins manufacturing or
processing the listed chemical substance for the described significant
new use.
     EPA would be able to either determine that the prospective
manufacture or processing is not likely to present an unreasonable
risk, or to take necessary regulatory action associated with any other
determination, before the described significant new use of the chemical
substance occurs.
    Issuance of a SNUR for a chemical substance does not signify that
the chemical substance is listed on the TSCA Chemical Substance
Inventory (TSCA Inventory). Guidance on how to determine if a chemical
substance is on the TSCA Inventory is available on the Internet at
https://www.epa.gov/tsca-inventory.

VI. Applicability of the Proposed Rule to Uses Occurring Before the
Effective Date of the Final Rule

    To establish a significant new use, EPA must determine that the use
is not ongoing. The chemical substance subject to this proposed rule
have undergone premanufacture review. In cases where EPA has not
received a notice of commencement (NOC) and the chemical substance has
not been added to the TSCA Inventory, no person may commence such
activities without first submitting a PMN. Therefore, for chemical
substances for which an NOC has not been submitted EPA concludes that
the designated significant new uses are not ongoing.
    When the chemical substance identified in this proposed rule is
added to the TSCA Inventory, EPA recognizes that, before the rule is
effective, other persons might engage in a use that has been identified
as a significant new use. The identity of the chemical substance
subject to this proposed rule has been claimed as confidential and EPA
has received no post-PMN bona fide submissions (per Sec. Sec.  720.25
and 721.11). Based on this, the Agency believes that it is highly
unlikely that any of the significant new uses described in the
regulatory text of this proposed rule are ongoing.
    Therefore, EPA designates February 28, 2017 (the date of public
release/web posting of this proposed rule), as the cutoff date for
determining whether the new use is ongoing. This designation varies
slightly from EPA's past practice of designating the date of Federal
Register publication as the date for making this determination. The
objective of EPA's approach has been to ensure that a person could not
defeat a SNUR by initiating a significant new use before the effective
date of the proposed rule. In developing this proposed rule, EPA has
recognized that, given EPA's practice of now posting rules on its Web
site a week or more in advance of Federal Register publication, this
objective could be thwarted even before that publication. Thus, EPA has
slightly modified its approach in this rulemaking and plans to follow
this modified approach in future significant new use rulemakings.
    Persons who begin commercial manufacture or processing of the
chemical substances for a significant new use identified as of that
date would have to cease any such activity upon the effective date of
the final rule. To resume their activities, these persons would have to
first comply with all applicable SNUR notification requirements and
wait until the notice review period, including any extensions, expires.
If such a person met the conditions of advance compliance under Sec.
721.45(h), the person would be considered exempt from the requirements
of the SNUR. Consult the Federal Register document of April 24, 1990
(55 FR 17376) for a more detailed discussion of the cutoff date for
ongoing uses.

VII. Development and Submission of Information

    EPA recognizes that TSCA section 5 does not require developing any
particular new information (e.g., generating test data) before
submission of a SNUN. There is an exception: Development of test data
is required where the chemical substance subject to the SNUR is also
subject to a rule, order or consent agreement under TSCA section 4 (see
TSCA section 5(b)(1)).
    In the absence of a TSCA section 4 test rule covering the chemical
substance, persons are required only to submit information in their
possession or control and to describe any other information known to or
reasonably ascertainable by them (see 40 CFR 720.50). However, upon
review of PMNs and SNUNs, the Agency has the authority to require
appropriate testing. Descriptions of tests are provided for
informational purposes. EPA strongly encourages persons, before
performing any testing, to consult with the Agency pertaining to
protocol selection. To access the OCSPP test guidelines referenced in
this document electronically, please go to http://www.epa.gov/ocspp and
select ``Test Guidelines for Pesticides and Toxic Substances.''
    The recommended tests specified in Unit IV. may not be the only
means of addressing the potential risks of the chemical substance.
However, submitting a SNUN without any test data may increase the
likelihood that EPA will take action under TSCA section 5(e),
particularly if satisfactory test results have not been obtained from a
prior PMN or SNUN submitter. EPA recommends that potential SNUN
submitters contact EPA early enough so that they will be able to
conduct the appropriate tests.
    SNUN submitters should be aware that EPA will be better able to
evaluate SNUNs and define the terms of any potentially necessary
controls if the submitter provides detailed information on the
following:
     Human exposure and environmental release that may result
from the significant new use of the chemical substances.

VIII. SNUN Submissions

    According to Sec.  721.1(c), persons submitting a SNUN must comply
with the same notification requirements and EPA regulatory procedures
as persons submitting a PMN, including submission of test data on
health and environmental effects as described in 40 CFR 720.50. SNUNs
must be submitted on EPA Form No. 7710-25, generated using e-PMN
software, and submitted to the Agency in accordance with the procedures
set forth in 40 CFR 720.40 and 721.25. E-PMN software is available
electronically at https://www.epa.gov/reviewing-new-chemicals-under-toxic-substances-control-act-tsca/how-submit-e-pmn.

IX. Scientific Standards, Evidence, and Available Information

    EPA has used scientific information, technical procedures,
measures, methods, protocols, methodologies, and models consistent with
the risk assessment documents included in the public docket. These
information sources supply information relevant to whether a particular
use would be a significant new use, based on relevant factors including
those listed under TSCA section 5(a)(2).
    The clarity and completeness of the data, assumptions, methods,
quality assurance, and analyses employed in EPA's decision are
documented, as applicable and to the extent necessary for purposes of
this proposed significant new use rule, in Unit II and in the documents
noted above. EPA recognizes, based on the available information, that
there is variability and uncertainty in whether any particular
significant new use would actually present an unreasonable risk. For
precisely this reason, it is appropriate to secure a future notice and
review process for these uses, at such time as they are known more
definitely. The extent to which the various information, procedures,
measures, methods, protocols, methodologies or models used in EPA's
decision have been subject to independent verification or peer review
is adequate to justify their use, collectively, in the record for a
significant new use rule.

X. Economic Analysis

    EPA has evaluated the potential costs of establishing SNUN
requirements for potential manufacturers and processors of the chemical
substances subject to this proposed rule, during the development of the
direct final rule. EPA's complete economic analysis is available in the
docket under docket ID number EPA-HQ-OPPT-2016-0207.

XI. Statutory and Executive Order Reviews

A. Executive Order 12866

    This proposed rule would establish SNUR for the chemical substance
that was the subject of PMN. The Office of Management and Budget (OMB)
has exempted these types of actions from review under Executive Order
12866, entitled ``Regulatory Planning and Review'' (58 FR 51735,
October 4, 1993).

B. Paperwork Reduction Act (PRA)

    According to PRA (44 U.S.C. 3501 et seq.), an agency may not
conduct or sponsor, and a person is not required to respond to a
collection of information that requires OMB approval under PRA, unless
it has been approved by OMB and displays a currently valid OMB control
number. The OMB control numbers for EPA's regulations in title 40 of
the CFR, after appearing in the Federal Register, are listed in 40 CFR
part 9, and included on the related collection instrument or form, if
applicable.
    The information collection requirements related to this proposed
rule have already been approved by OMB pursuant to PRA under OMB
control number 2070-0012 (EPA ICR No. 574). This proposed rule would
not impose any burden requiring additional OMB approval. If an entity
were to submit a SNUN to the Agency, the annual burden is estimated to
average between 30 and 170 hours per response. This burden estimate
includes the time needed to review instructions, search existing data
sources, gather and maintain the data needed, and complete, review, and
submit the required SNUN.
    Send any comments about the accuracy of the burden estimate, and
any suggested methods for minimizing respondent burden, including
through the use of automated collection techniques, to the Director,
Collection Strategies Division, Office of Environmental Information
(2822T), Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460-0001. Please remember to include the OMB control
number in any correspondence, but do not submit any completed forms to
this address.

C. Regulatory Flexibility Act (RFA)

    On February 18, 2012, EPA certified pursuant to RFA section 605(b)
(5 U.S.C. 601 et seq.), that promulgation of a SNUR does not have a
significant economic impact on a substantial number of small entities
where the following are true:
    1. A significant number of SNUNs would not be submitted by small
entities in response to the SNUR.
    2. The SNUR submitted by any small entity would not cost
significantly more than $8,300.
    A copy of that certification is available in the docket for this
proposed rule.
    This proposed rule is within the scope of the February 18, 2012
certification. Based on the Economic Analysis discussed in Unit IX. And
EPA's experience promulgating SNURs (discussed in the certification),
EPA believes that the following are true:
     A significant number of SNUNs would not be submitted by
small entities in response to the SNUR.
     Submission of the SNUN would not cost any small entity
significantly more than $8,300.
    Therefore, the promulgation of the SNUR would not have a
significant economic impact on a substantial number of small entities.

D. Unfunded Mandates Reform Act (UMRA)

    Based on EPA's experience with proposing and finalizing SNURs,
State, local, and Tribal governments have not been impacted by these
rulemakings, and EPA does not have any reasons to believe that any
State, local, or Tribal government would be impacted by this proposed
rule. As such, EPA has determined that this proposed rule would not
impose any enforceable duty, contain any unfunded mandate, or otherwise
have any effect on small governments subject to the requirements of
UMRA sections 202, 203, 204, or 205 (2 U.S.C. 1501 et seq.).

E. Executive Order 13132

    This proposed rule would not have a substantial direct effect 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, as specified in Executive Order 13132,
entitled ``Federalism'' (64 FR 43255, August 10, 1999).

F. Executive Order 13175

    This proposed rule would not have Tribal implications because it is
not expected to have substantial direct effects on Indian Tribes. This
proposed rule would not significantly nor uniquely affect the
communities of Indian Tribal governments, nor would it involve or
impose any requirements that affect Indian Tribes. Accordingly, the
requirements of Executive Order 13175, entitled ``Consultation and
Coordination with Indian Tribal Governments'' (65 FR 67249, November 9,
2000), do not apply to this proposed rule.

G. Executive Order 13045

    This proposed rule is not subject to Executive Order 13045,
entitled ``Protection of Children from Environmental Health Risks and
Safety Risks'' (62 FR 19885, April 23, 1997), because this is not an
economically significant regulatory action as defined by Executive
Order 12866, and this proposed rule does not address environmental
health or safety risks disproportionately affecting children.

H. Executive Order 13211

    This proposed 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),
because this proposed rule is not expected to affect energy supply,
distribution, or use and because this proposed rule is not a
significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act (NTTAA)

    In addition, since this proposed rule would not involve any
technical standards, NTTAA section 12(d) (15 U.S.C. 272 note), would
not apply to this proposed rule.

J. Executive Order 12898

    This proposed rule does not entail special considerations of
environmental justice related issues as delineated by Executive Order
12898, entitled ``Federal Actions to Address Environmental Justice in
Minority Populations and Low-Income Populations'' (59 FR 7629, February
16, 1994).

List of Subjects in 40 CFR Part 721

    Environmental protection, Chemicals, Hazardous substances,
Reporting and recordkeeping requirements.

    Dated: February 21, 2017.
Maria J. Doa,
Director, Chemical Control Division, Office of Pollution Prevention and
Toxics.

    Therefore, it is proposed that 40 CFR chapter I be amended as
follows:

PART 721--[AMENDED]

0
1. The authority citation for part 721 continues to read as follows:

    Authority: 15 U.S.C. 2604, 2607, and 2625(c).

0
2. Add Sec.  721.10927 to subpart E to read as follows:

Sec.  721.10927  Bimodal mixture consisting of multi-walled carbon
nanotubes and other classes of carbon nanotubes (generic).

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as a
bimodal mixture consisting of multi-walled carbon nanotubes and other
classes of carbon nanotubes (PMN P-11-482) is subject to reporting
under this section for the significant new uses described in paragraph
(a)(2) of this section.
    (2) The significant new uses are:
    (i) Protection in the workplace. Requirements as specified in Sec.
721.63 (a)(1), (a)(2)(i), (a)(2)(ii), (a)(3), (a)(4), (a)(6)
(particulate), and (c). When determining which persons are reasonably
likely to be exposed as required for Sec.  721.63 (a)(1) and (a)(4),
engineering control measures (e.g., enclosure or confinement of the
operation, general and local ventilation) or administrative control
measures (e.g., workplace policies and procedures) shall be considered
and implemented to prevent exposure, where feasible. A National
Institute for Occupational Safety and Health (NIOSH)-certified air
purifying, tight-fitting full-face respirator equipped with N-100, P-
100, or R-100 cartridges, or power air purifying particulate respirator
with an Assigned Protection Factor (APF) of at least 50 meets the
requirements of Sec.  721.63 (a)(4).
    (ii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec.  721.80 (k) and (q). A significant new use is any
use involving an application method that generates a vapor, mist or
aerosol.
    (iii) Disposal. Requirements as specified in Sec.  721.85 (a)(1),
(a)(2), (b)(1), (b)(2), (c)(1), and (c)(2).
    (iv) Release to water. Requirements as specified in Sec.  721.90
(b)(1) and (c)(1). Any predictable or purposeful release of a
manufacturing stream associated with any use of the substance from any
site is a significant new use other than the water releases described
in the manufacturing process of PMN P-11-482.
    (b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph.
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125 (a) through (e), (i), (j), and (k) are applicable to
manufacturers and processors of this substance.
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.
    (3) Determining whether a specific use is subject to this section.
The provisions of Sec.  721.1725 (b)(1) apply to paragraph (a)(2)(ii)
of this section.

[FR Doc. 2017-11695 Filed 6-7-17; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: April 13, 2006 (Volume 71, Number 71)]
[Notices]
[Page 19177]
[DOCID:fr13ap06-60]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER06-686-000]

DeGreeff DP, LLC; Notice of Issuance of Order

April 6, 2006.
    DeGreeff DP, LLC (DeGreeff DP) filed an application for market-
based rate authority, with an accompanying tariff. The proposed market-
based rate tariff provides for the sale of energy and capacity at
market-based rates. DeGreeff DP also requested waiver of various
Commission regulations. In particular, DeGreeff DP requested that the
Commission grant blanket approval under 18 CFR part 34 of all future
issuances of securities and assumptions of liability by DeGreeff DP.
    On April 5, 2006, pursuant to delegated authority, the Director,
Division of Tariffs and Market Development--West, granted the request
for blanket approval under part 34. The Director's order also stated
that the Commission would publish a separate notice in the Federal
Register establishing a period of time for the filing of protests.
Accordingly, any person desiring to be heard or to protest the blanket
approval of issuances of securities or assumptions of liability by
DeGreeff DP should file a motion to intervene or protest with the
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426, in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure. 18 CFR 385.211, 385.214
(2004).
    Notice is hereby given that the deadline for filing motions to
intervene or protest is May 5, 2006.
    Absent a request to be heard in opposition by the deadline above,
DeGreef DP is authorized to issue securities and assume obligations or
liabilities as a guarantor, indorser, surety, or otherwise in respect
of any security of another person; provided that such issuance or
assumption is for some lawful object within the corporate purposes of
DeGreeff DP, compatible with the public interest, and is reasonably
necessary or appropriate for such purposes.
    The Commission reserves the right to require a further showing that
neither public nor private interests will be adversely affected by
continued approval of DeGreeff DP's issuances of securities or
assumptions of liability.
    Copies of the full text of the Director's Order are available from
the Commission's Public Reference Room, 888 First Street, NE.,
Washington, DC 20426. The Order may also be viewed on the Commission's
Web site at http://www.ferc.gov, using the eLibrary link. Enter the

docket number excluding the last three digits in the docket number
filed to access the document. Comments, protests, and interventions may
be filed electronically via the Internet in lieu of paper. See, 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
under the ``e-Filing'' link. The Commission strongly encourages
electronic filings.

Magalie R. Salas,
Secretary.
 [FR Doc. E6-5445 Filed 4-12-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 75 (Thursday, April 18, 2013)]
[Rules and Regulations]
[Pages 23134-23135]
[FR Doc No: 2013-09054]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2013-0223]

Drawbridge Operation Regulations; Townsend Gut, Boothbay Harbor
and Southport, ME

AGENCY: Coast Guard, DHS.

ACTION: Notice of deviation from drawbridge regulation.

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SUMMARY: The Coast Guard is issuing a temporary deviation from the
regulation governing the operation of the Southport SR27 Bridge across
Townsend Gut, mile 0.7, between Boothbay Harbor and Southport, Maine.
The bridge owner, Maine Department of Transportation, will be
performing structural repairs at the bridge. This deviation allows the
bridge to operate on a temporary schedule for eight weeks to facilitate
scheduled bridge maintenance.

DATES: This deviation is effective from April 27, 2013 through June 28,
2013.

ADDRESSES: Documents mentioned in this preamble as being available in
the docket are part of docket USCG-2013-0223 and are available online
at www.regulations.gov, inserting USCG-2013-0223 in the ``Keyword'' and
then clicking ``Search''. They are also available for inspection or
copying at the Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
deviation, call or email Mr. John McDonald, Project Officer, First
Coast Guard District, telephone<PHONE_NUMBER>,
<EMAIL_ADDRESS>If you have questions on viewing the docket,
call Barbara Hairston, Program Manager, Docket Operations, telephone
202-366-9826.

SUPPLEMENTARY INFORMATION: The Southport SR27 Bridge, across Townsend
Gut, mile 0.7, between Boothbay Harbor and Southport, Maine,

has a vertical clearance in the closed position of 10 feet above mean
high water and 19 feet above mean low water. The bridge operating
regulations are listed at 33 CFR 117.537.
    The waterway is transited by recreational and commercial fishing
boats. There is an alternate route for navigation around Southport.
    The bridge owner, Maine Department of Transportation, requested a
temporary deviation from the normal operating schedule to facilitate
deck repairs at the bridge.
    Under this temporary deviation, the Southport SR27 Bridge shall
operate as follows: From April 27, 2013, through May 27, 2013, between
6 a.m. and 6 p.m., Monday through Friday, except holidays, the draw
shall open on signal, every two hours, at 6 a.m., 8 a.m., 10 a.m., 12
p.m., 2 p.m., 4 p.m., and 6 p.m.
    From May 28, 2013, through June 28, 2013, between 6 p.m. and 6
a.m., Monday through Friday, except holidays, the draw shall open on
signal at 6 p.m., 8 p.m., 10 p.m., 2 a.m., and 6 a.m.
    In accordance with 33 CFR 117.35(e), the bridge must return to its
regular operating schedule immediately at the end of the designated
time period. This deviation from the operating regulations is
authorized under 33 CFR 117.35.

    Dated: April 4, 2013.
Gary Kassof,
Bridge Program Manager, First Coast Guard District.
[FR Doc. 2013-09054 Filed 4-17-13; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 79, Number 37 (Tuesday, February 25, 2014)]
[Notices]
[Pages 10515-10516]
[FR Doc No: 2014-03922]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice Of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Numbers: RP13-184-000.
    Applicants: Wyoming Interstate Company, L.L.C.
    Description: Refund Report.
    Filed Date: 2/5/14.
    Accession Number: 20140205-5149.
    Comments Due: 5 p.m. ET 2/18/14.

    Docket Numbers: RP14-463-000.
    Applicants: Iroquois Gas Transmission System, L.P.
    Description: 02/11/14 Negotiated Rates Sequent Energy Management
(HUB) 3075-89 to be effective 2/8/2014.
    Filed Date: 2/11/14.
    Accession Number: 20140211-5085.
    Comments Due: 5 p.m. ET 2/24/14.

    Docket Numbers: RP14-464-000.
    Applicants: Southeast Supply Header, LLC.
    Description: Order No. 787 to be effective 3/14/2014.
    Filed Date: 2/11/14.
    Accession Number: 20140211-5086.
    Comments Due: 5 p.m. ET 2/24/14.

    Docket Numbers: RP14-465-000.
    Applicants: Gulfstream Natural Gas System, L.L.C.

    Description: Order No. 787 to be effective 3/14/2014.
    Filed Date: 2/11/14.
    Accession Number: 20140211-5089.
    Comments Due: 5 p.m. ET 2/24/14.

    Docket Numbers: RP14-466-000.
    Applicants: Southern Star Central Gas Pipeline, Inc.
    Description: Vol 2--Non-Conforming Agreement-Cotton Valley
Compression, LLC to be effective 2/11/2014.
    Filed Date: 2/11/14.
    Accession Number: 20140211-5096.
    Comments Due: 5 p.m. ET 2/24/14.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: February 12, 2014.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2014-03922 Filed 2-24-14; 8:45 am]
BILLING CODE 6717-01-P