UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on December 16, 2002

   NOTICE OF ACTION TAKEN -- DOCKET OST-2002-13705

________________________________________________________________________
_________________________________

This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Application of      US Airways, Inc.       filed   10/29/02  for:

XX  Exemption under 49 U.S.C. 40109 to provide the following service:

Scheduled foreign air transportation of persons, property, and mail
between points in the United States, on the one hand, and Anguilla,
Saba, St. Eustatius, and St. Barthelemy, on the other.  US Airways
intends to operate this service pursuant to a code-share arrangement
with Windward Islands Airways International, N.V.

Application of  Windward Islands Airways International, N.V.   filed
10/29/02  for:

XX  Statement of authorization under 14 CFR Part 212 to:

Permit Windward Islands Airways to display the designator code of US
Airways in conjunction with foreign air transportation of persons,
property, and mail on flights operated by Windward between St. Maarten,
on the one hand, and Anguilla, Saba, St. Eustatius, St. Barthelemy, St.
Kitts and Nevis, and Antigua, on the other.

Applicant rep: Joel Stephen Burton<PHONE_NUMBER>           DOT Analyst:
 Sylvia Moore,<PHONE_NUMBER>

D I S P O S I T I O N

XX  Granted  (subject to conditions, see below)

The exemption authority granted to US Airways was effective when taken:
December 16, 2002, through

December 16, 2004.

The statement of authorization granted was effective when taken:
December 16, 2002, and will remain in effect indefinitely, subject to
the conditions listed below.

Action taken by:   Paul L. Gretch, Director

		    Office of International Aviation

XX  The authority granted to serve Saba and St. Eustatius is consistent
with the aviation agreement between the United States and the
Netherlands Antilles; the authority granted to serve St. Barthelemy is
consistent with the aviation agreement between the United States and
France; and the authority granted to serve Anguilla is consistent with
the aviation agreement between the United States and the United Kingdom.

(See Reverse Side)

2

Except to the extent exempted or waived, this authority is subject to
the terms, conditions, and limitations indicated:  XX Holder’s
certificates of public convenience and necessity (US Airways)

	   XX  Holder’s foreign air carrier permit (Windward Islands Airways)

	   XX  Standard exemption conditions (attached)

The statement of authorization granted is subject to the following
conditions:

(a)	The statement of authorization will remain in effect only as long as
(i) US Airways and Windward Islands Airways continue to hold the
necessary underlying authority to operate the code-share services at
issue, and (ii) the code-share agreement providing for the code-share
operations remains in effect.

(b)	US Airways and Windward Islands must promptly notify the Department
(Office of International Aviation) if the code-share agreement providing
for the code-share operations is no longer effective or if the carriers
decide to cease operating all or a portion of the approved code-share
services.  Such notices should be filed in Docket OST-2002-13609.2

(c)	The code-sharing conducted under this authority must comply with
Part 257 and with any amendments to the Department’s regulations
concerning code-share arrangements that may be adopted.
Notwithstanding any provisions in the contract between the carriers, our
approval here is expressly conditioned upon the requirements that the
subject foreign air transportation be sold in the name of the carrier
holding out such service in the computer reservation systems and
elsewhere; that the carrier selling such transportation (i.e., the
carrier shown on the ticket) accept responsibility for the entirety of
the code-share journey for all obligations established in its contract
of carriage with the passenger; and that the passenger liability of the
operating carrier be unaffected.  Further, the operating carrier shall
not permit the code of its U.S. air carrier code-sharing partner to be
carried on any flights that enter, depart, or transit the airspace of
any area for whose airspace the Federal Aviation Administration has
issued a flight prohibition.

(d)	The authority granted here is specifically conditioned so that
neither US Airways nor Windward Islands Airways shall give any force or
effect to any contractual provisions between themselves that are
contrary to these conditions.

________________________________________________________________________
__________

On the basis of data officially noticeable under Rule 24(g) of the
Department's regulations, we found US Airways, Inc. qualified to provide
the exemption services authorized.

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) our action was consistent with Department
policy; (2) grant of the authority was consistent with the public
interest; and (3) grant of the authority would not constitute a major
regulatory action under the Energy, Policy and Conservation Act of 1975.
 To the extent not granted, we denied all requests in the referenced
Docket.  We may amend, modify, or revoke the authority granted in this
Notice at any time without hearing at our discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR
§385.30, may file their petitions within seven (7) days after the date
of issuance of this Notice.  This action was effective when taken, and
the filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
Web at:

http://dms.dot.gov//reports/reports_aviation.asp

APPENDIX

U.S. CARRIER

Standard Exemption Conditions

In the conduct of operations authorized by the attached notice, the
applicant(s) shall:

(1)  Hold at all times effective operating authority from the government
of each country served;

(2)  Comply with applicable requirements concerning oversales contained
in 14 CFR 250 (for scheduled operations, if authorized);

(3)  Comply with the requirements for reporting data contained in 14 CFR
241;

(4)  Comply with requirements for minimum insurance coverage, and for
certifying that coverage to the Department, contained in 14 CFR 205;

(5)  Except as specifically exempted or otherwise provided for in a
Department Order, comply with the requirements of 14 CFR 203, concerning
waiver of Warsaw Convention liability limits and defenses;

(6)  Comply with the applicable requirements of the Federal Aviation
Administration Regulations and with all applicable U.S. Government
requirements concerning security;1 and

(7)  Comply with such other reasonable terms, conditions, and
limitations required by the public interest as may be prescribed by the
Department of Transportation, with all applicable orders and regulations
of other U.S. agencies and courts, and with all applicable laws of the
United States.

The authority granted shall be effective only during the period when the
holder is in compliance with the conditions imposed above.

										10/2002

 In connection with US Airways’ proposed code share to these points,
the joint applicants state that US Airways already holds authority for
U.S.-St. Kitts and Nevis, U.S.-Antigua, and U.S.-France services.  (See
Notices of Action Taken dated January 16, 2002, July 5, 2001, and Order
2002-5-25, respectively.)

2 We expect this notification to be received within 10 days of such
non-effectiveness or of such decision.

1 To assure compliance with all applicable U.S. Government requirements
concerning security, the holder should, before commencing any new
service (including charter flights) to or from a foreign airport, inform
its Principal Security Inspector of its plans.


[Federal Register: October 5, 2007 (Volume 72, Number 193)]
[Rules and Regulations]
[Page 56903-56911]
[DOCID:fr05oc07-11]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 9 and 721

[EPA-HQ-OPPT-2005-0036; FRL-8110-5]
RIN 2070-AJ19

Mercury Switches in Motor Vehicles; Significant New Use Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: EPA is promulgating this significant new use rule (SNUR) under
section 5(a)(2) of the Toxic Substances Control Act (TSCA) for
elemental mercury (CAS No. 7439-97-6) used in certain convenience light
switches, anti-lock braking system (ABS) switches, and active ride
control system switches. This action will amend 40 CFR part 721 and
require persons who intend to manufacture (defined by statute to
include import) or process elemental mercury for a use designated by
this rule as a significant new use to notify EPA at least 90 days
before commencing the manufacturing or processing of the chemical
substance for such significant new use. The required notification will
provide EPA with the opportunity to evaluate the intended use and, if
necessary, to prohibit or limit that activity before it occurs. In
addition, in order to display the OMB control number for the
information collection requirements contained in this final rule, EPA
is amending the table of Office of Management and Budget (OMB) approval
numbers for EPA regulations that appears in 40 CFR part 9.

DATES: This final rule is effective November 5, 2007.

ADDRESSES: EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPPT-2005-0036. All documents in the
docket are listed in the docket index available in regulations.gov. To
access the electronic docket, go to http://www.regulations.gov, select

``Advanced Search,'' then ``Docket Search.'' Insert the docket ID
number where indicated and select the ``Submit'' button. Follow the
instructions on the regulations.gov website to view the docket index or
access available documents. Although listed in the index, some
information is not publicly available, e.g., Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, will
be publicly available only in hard copy. Publicly available docket
materials are available electronically at http://www.regulations.gov,

or, if only available in hard copy, at the OPPT Docket. The OPPT Docket
is located in the EPA Docket Center (EPA/DC) at Rm. 3334, EPA West
Bldg., 1301 Constitution Ave., NW., Washington, DC. The EPA/DC Public
Reading Room hours of operation are 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding Federal holidays. The telephone number of the
EPA/DC Public Reading Room is<PHONE_NUMBER>, and the telephone number
for the OPPT Docket is<PHONE_NUMBER>. Docket visitors are required to
show photographic identification, pass through a metal detector, and
sign the EPA visitor log. All visitor bags are processed through an X-
ray machine and subject to search. Visitors will be provided an EPA/DC
badge that must be visible at all times in the building and returned
upon departure.

FOR FURTHER INFORMATION CONTACT: For general information contact: Colby
Lintner, Regulatory Coordinator, Environmental Assistance Division
(7408M), Office of Pollution Prevention and Toxics, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>
    For technical information contact: Thomas Groeneveld, National
Program Chemicals Division (7404T), Office of Pollution Prevention and
Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; e-mail
address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Does this Action Apply to Me?

    You may be potentially affected by this action if you manufacture
or process elemental mercury for use in certain motor vehicle
convenience light switches, ABS switches, and active ride control
system switches. This action may also affect certain entities through
pre-existing import certification and export notification rules under
TSCA. Persons who import any chemical substance subject to TSCA must
comply with the TSCA section 13 (15 U.S.C. 2612) import certification
requirements and corresponding regulations codified at 19 CFR 12.118 to
12.127 and 127.28. Such persons must certify that each shipment of the
chemical substance complies with applicable rules and orders under
TSCA, including any SNUR requirements. The EPA policy in support of
import certification appears at 40 CFR part 707, subpart B. In
addition, TSCA section 12(b) (15 U.S.C. 2611(b)) export notification
requirements are triggered by publication of a proposed SNUR.
Therefore, any persons who export, intend to export, or have exported
elemental mercury on or after August 10, 2006, are subject to the
export notification provisions of TSCA section 12(b) (see 40 CFR
721.20). Such persons must comply with the export notification
requirements in 40 CFR part 707, subpart D. Potentially affected

entities may include, but are not limited to:
     Manufacturers and processors of motor vehicle electrical
switches (NAICS code 335931), e.g., manufacturers and processors of
mercury switches in convenience lights, ABS acceleration sensors, and
active ride control sensors.
     Manufacturers and processors of transportation equipment
(NAICS code 336), e.g., manufacturers of motor vehicles and motor
vehicle parts containing mercury switches.
     Motor vehicle repair and maintenance facilities (NAICS
code 8111), e.g., motor vehicle mechanics who replace or install new
elemental mercury switches as part of vehicle repair and maintenance.
     Motor vehicle part (used) wholesalers (NAICS code 4211),
e.g., motor vehicle dismantlers who dismantle motor vehicles and sell
used parts.
    This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. To determine
whether you or your business may be affected by this action, you should
carefully examine the applicability provisions in 40 CFR 721.5 for
SNUR-related obligations. If you have any questions regarding the
applicability of this action to a particular entity, consult the
technical person listed under FOR FURTHER INFORMATION CONTACT.

II. Background

A. What Action is the Agency Taking?

    EPA proposed this SNUR for elemental mercury used in certain
convenience light switches, ABS switches, and active ride control
system switches on July 11, 2006 (71 FR 39035) (FRL-7733-9). EPA's
responses to public comments received on the proposed rule are in Unit
III.D. Please consult the July 11, 2006 Federal Register document for
further background information for this final rule.
    This SNUR will require persons to notify EPA at least 90 days
before commencing the manufacture, import, or processing of elemental
mercury for the uses described in Unit III.B. and 40 CFR
721.10068(b)(2) of the regulatory text for this final rule (including
use in certain convenience light switches, ABS switches, and active
ride control switches in motor vehicles, including when elemental
mercury is imported or processed as part of an article). EPA defines
``motor vehicle'' for this SNUR by referencing the definition used in
the emissions control regulations developed under the Clean Air Act
(see 40 CFR 85.1703). As described in Unit III.A., EPA believes this
action is necessary because manufacturing, processing, use, or disposal
of elemental mercury in these switches may produce significant changes
in human and environmental exposures to elemental mercury and
methylmercury.

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 those listed in TSCA section 5(a)(2). Once
EPA determines that a use of a chemical substance is a significant new
use, TSCA section 5(a)(1)(B) (15 U.S.C. 2604(a)(1)(B)), requires
persons to submit a significant new use notification (SNUN) to EPA at
least 90 days before they manufacture, import, or process the chemical
substance for that use. The mechanism for reporting under this
requirement is established under 40 CFR 721.25.

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. However, 40 CFR 721.45(f) does not apply to this SNUR. As a
result, persons subject to the provisions of this rule are not exempt
from significant new use reporting if they import or process elemental
mercury as part of an article (see 40 CFR 721.5). Conversely, the
exemption from notification requirements for exported articles (see 40
CFR 707.60(b)), remains in force. Thus, persons who export elemental
mercury as part of an article are not required to provide export
notice.
    Provisions relating to user fees appear at 40 CFR part 700. Persons
subject to this SNUR must comply with the same notice requirements and
EPA regulatory procedures as submitters of Premanufacture Notices
(PMNs) under TSCA section 5(a)(1)(A). In particular, these requirements
include the information submission requirements of TSCA sections 5(b)
and 5(d)(1), the exemptions authorized by TSCA sections 5(h)(1),
(h)(2), (h)(3), and (h)(5), and the regulations at 40 CFR part 720.
Once EPA receives a SNUN, EPA may take regulatory action under TSCA
sections 5(e), 5(f), 6, or 7 to control the activities for which the
SNUN was submitted. If EPA does not take action, EPA is required under
TSCA section 5(g) to explain in the Federal Register its reasons for
not taking action.
    Persons who export or intend to export a chemical substance
identified in a proposed or final SNUR are subject to the export
notification provisions of TSCA section 12(b). The regulations under
TSCA section 12(b) appear at 40 CFR part 707, subpart D. The EPA policy
in support of import certification appears at 40 CFR part 707, subpart
B. Persons who import a chemical substance identified in a final SNUR
are subject to the import certification requirements under TSCA section
13, which appear at 19 CFR 12.118 to 12.127 and 127.28. Such persons
must certify that the shipment of the chemical substance complies with
all applicable rules and orders under TSCA, including any SNUR
requirements.

III. Objectives and Rationale of the Final Rule

A. Overview

    This rule applies to elemental mercury (CAS No. 7439-97-6), which
is a naturally occurring element. Because of its unique properties
(e.g., exists as a liquid at room temperature and forms amalgams with
many metals), elemental mercury has been used in many industrial
processes and consumer products. Mercury switches exploit the ability
of small quantities of elemental mercury to conduct electricity and
remain one of the largest categories of elemental mercury product uses.
In addition to its useful characteristics, mercury also may cause
adverse health effects in humans and wildlife. These effects can vary
depending on the form of mercury to which a person is exposed, as well
as the magnitude, length, and frequency of exposure.
    The most prevalent human and wildlife exposure to mercury results
from ingesting fish contaminated with methylmercury. Methylmercury is
an organic compound that is formed via the conversion of elemental or
inorganic mercury by certain microorganisms and other natural
processes. For example, elemental mercury may evaporate and be emitted
into the atmosphere. Atmospheric mercury can be deposited directly into
water bodies or watersheds, where it can be washed into

surface waters via overland run-off. Once deposited in sediments,
certain microorganisms and other natural processes can convert
elemental mercury into methylmercury. Methylmercury bioaccumulates,
which means that it is taken up and concentrated in the tissues of
aquatic, mammalian, avian, and other wildlife. Methylmercury is a
highly toxic substance; a number of adverse health effects associated
with exposure to it have been identified in humans and in animal
studies. Most extensive are the data on neurotoxicity, particularly in
developing organisms. Fetuses, infants, and young children generally
are more sensitive to methylmercury's neurological effects than adults.
    By 2005, all fifty states had created fish-advisory programs.
Through the end of 2004, forty-eight states, one territory, and two
Indian tribes issued fish consumption advisories recommending that some
people limit their consumption of fish from certain water bodies known
to be contaminated by methylmercury. Also in 2004, EPA and the Food and
Drug Administration (FDA) jointly issued a national advisory providing
advice to women of childbearing age and young children on mercury in
fish and shellfish. The advisory stated that some fish and shellfish
contain higher levels of mercury that may harm a fetus or the
developing nervous system of a young child. As of today, the
information in the 2004 EPA/FDA advisory remains current.
    Mercury switches were used for many years in motor vehicles in hood
and trunk convenience lights, ABS, and active ride control systems.
More than 200 million mercury switches were installed in motor vehicles
from 1974 to 2000. In the United States, motor vehicles that reach the
end of their useful life are often dismantled so that the useful parts
can be reused and steel and other materials can be recycled. The steel
industry recycles approximately 12 to 14 million end-of-life vehicles
each year. During the recycling process, vehicles are dismantled,
crushed, and shredded. Vehicle scrap is then separated into the
ferrous, nonferrous, and motor vehicle shredder residue fractions. All
of these fractions can be contaminated with elemental mercury, which
can be released when switches are ruptured during processing. Steel
fractions are sent to electric arc furnaces (EAFs) and other scrap
consumers to be melted and refined for use in other steel products. The
EAF process uses intense heat, which can vaporize and emit elemental
mercury into the atmosphere. Motor vehicles are believed to be the
largest single source of elemental mercury in EAF emissions. The EPA
air toxics program has identified EAFs as a priority sector.
    In response to increased concerns about exposure to anthropogenic
sources of elemental mercury and the availability of suitable mercury-
free products, Federal and State governments have made efforts to limit
the use of elemental mercury in certain products. American automakers
voluntarily eliminated the use of mercury switches in motor vehicles as
of January 1, 2003. Foreign motor vehicle manufacturers eliminated the
use of mercury switches in the 1990s. Over the next 20 years, it is
anticipated that most of the motor vehicles containing mercury switches
will reach the end of their useful lives, will be recycled, and
ultimately will pass through EAFs and other scrap consumer facilities.
Many States and non-governmental organizations have taken actions to
remove or to encourage the removal of mercury switches from motor
vehicles before they are recycled. For these reasons, the potential for
elemental mercury emissions to be released during scrap consumption is
expected to decrease as fewer motor vehicles containing mercury
switches remain to be dismantled or recycled.
    While newly manufactured motor vehicles no longer contain mercury
switches, certain switches are still available as aftermarket
replacement parts. Mercury switches generally last the lifetime of the
motor vehicle; however, switch replacement is required if a collision
or another action damages the component containing the switch or the
switch itself. Mercury switches are no longer used for replacement in
hood and trunk convenience lights because mercury-free substitutes are
readily available. However, no mercury-free alternative exists for mid-
life replacement of ABS and active ride control system switches and a
limited number of such switches remain available as replacement parts
for pre-2003 motor vehicles. EPA believes that the demand for mercury
switches as aftermarket replacement parts is currently low and likely
will become negligible when most pre-2003 motor vehicles containing
mercury switches in ABS and active ride control systems reach the end
of their useful lives. EPA is excluding from this final SNUR mercury
switches manufactured as aftermarket replacement parts for ABS and
active ride control systems in vehicles manufactured before January 1,
2003.
    For a more detailed summary of background information (e.g.,
chemistry, environmental fate, exposure pathways, health and
environmental effects, and use information), as well as references
pertaining to elemental mercury that EPA considered before promulgating
this final rule, please refer to the proposed rule as issued in Federal
Register of July 11, 2006 (71 FR 39035) or the docket for this action
under docket ID number EPA-HQ-OPPT-2005-0036. All documents in the
docket are listed in the docket's index available at http://www.regulations.gov
.

B. EPA Findings and Rationale

    EPA is encouraged by the voluntary discontinuation of mercury-
switch technologies in new vehicles as of January 1, 2003, and the
anticipated reductions in mercury-switch production for mid-life
replacement parts as pre-2003 vehicles containing mercury switches are
no longer available and reach the end of their utility. However, EPA is
concerned that the manufacturing or processing of elemental mercury for
use in switches in new motor vehicles could be reinitiated in the
future. Accordingly, EPA wants the opportunity to evaluate and control,
where appropriate, activities associated with those uses, which
contribute to atmospheric and environmental releases of elemental
mercury. The required notification provided by a SNUN will provide EPA
with the opportunity to evaluate activities associated with a
significant new use and an opportunity to protect against unreasonable
risks, if any, from exposure to mercury.
    In determining what constituted significant new uses for elemental
mercury motor vehicle switches, EPA considered relevant information on
the toxicity of mercury and likely exposures associated with the uses,
as discussed in Unit III.A., and the four factors listed in TSCA
section 5(a)(2), as discussed in Unit IV.
    After considering all relevant factors, EPA is designating as
significant new uses the manufacture or processing of elemental mercury
for:
     Use in convenience light switches in new motor vehicles.
     Use in convenience light switches as new aftermarket
replacement parts for motor vehicles.
     Use in switches in ABS in new motor vehicles.
     Use in switches in ABS as new aftermarket replacement
parts for motor vehicles that were manufactured after January 1, 2003.
     Use in switches in active ride control systems in new
motor vehicles.
     Use in switches in active ride control systems as new
aftermarket

replacement parts for motor vehicles that were manufactured after
January 1, 2003.
    EPA believes it is unlikely that companies would resume the use of
mercury switches because mercury switches are no longer being used in
new motor vehicles; effective mercury-free alternatives are
increasingly available; use of elemental mercury in products is
declining; and a growing number of states have banned the use of
mercury switches in motor vehicles. In the event that mercury switch
use as replacement parts in ABS and active ride control systems of pre-
2003 motor vehicles does not decrease as described in this final rule,
EPA may pursue additional regulatory action as appropriate under TSCA
sections 4, 6, and 8. For a summary of alternative regulatory actions
for elemental mercury that EPA considered before promulgating this
final rule, please refer to the proposed rule as issued in Federal
Register of July 11, 2006 (71 FR 39035).

C. Summary and Effects of the Final Rule

    This final rule requires persons who intend to manufacture, import,
or process elemental mercury for the significant new uses identified in
this action to submit a SNUN at least 90 days before commencing such
activity. The required notice will provide EPA with the opportunity to
evaluate the intended use and, if necessary, to prohibit or limit that
use before it occurs. This final rule will ensure that:
     EPA will receive a SNUN indicating a person's intent to
manufacture, import, or process elemental mercury for a designated
significant new use before that activity begins.
     EPA will have an opportunity to review and evaluate data
and information submitted in a SNUN before the submitter begins
manufacturing, importing, or processing elemental mercury for a
designated significant new use.
     EPA will have an opportunity to regulate prospective
manufacturers, importers, or processors of elemental mercury before the
notified significant new use occurs, provided such regulation is
warranted pursuant to TSCA sections 5(e) or 5(f).
    For this SNUR, EPA is not including the general ``article''
exemption at 40 CFR 721.45(f). Thus, persons importing or processing
elemental mercury, including when part of an article, for a significant
new use would be subject to the notification requirements of 40 CFR
721.25. EPA is not including this exemption because mercury switches
are articles, and a primary concern associated with this SNUR is
potential exposures associated with the lifecycle of elemental mercury
in certain motor vehicle switches. Further, it is possible to reclaim
elemental mercury from certain articles, which could be used to produce
motor vehicle switches. Conversely, the exemption from notification
requirements for exported articles (see 40 CFR 707.60(b), remains in
force. Thus, persons who export elemental mercury as part of an article
are not required to provide export notice.

D. Response to Public Comments

    EPA received ten comments on the proposed rule that was issued in
the Federal Register of July 11, 2006 (71 FR 39035). Copies of all
comments received are available in the public docket for this action.
Two comments that expressed general support for the proposed rule and
another comment, which consisted of a static web-based image of an
article about the health effects of elemental mercury and
methylmercury, were not addressed. Comments that were similar in nature
were consolidated into the following summaries. A discussion of the
comments germane to the rulemaking and EPA responses follows:
    1. Comment--Proposed action insufficient. One commenter felt that
the use of elemental mercury (and all other toxic substances) in motor
vehicle manufacturing should be banned. In the alternative, the
commenter suggested that automakers should be required to implement
mercury recovery policies to recover all mercury used in the motor
vehicle manufacturing process.
    Response. The actions requested by the commenter are outside the
scope of this rulemaking. As mentioned in the proposed rule, EPA
considered and rejected regulating elemental mercury under TSCA section
6(a). EPA concluded risk management action under TSCA section 6 is not
necessary at this time because mercury switches are no longer being
used in convenience lights, ABS, and active ride control systems
installed in new motor vehicles; are no longer used in convenience
light replacement parts; and are of very limited availability in ABS
and active ride control replacement parts for some pre-2003 motor
vehicles. This rule will allow EPA to address the potential risks
associated with the described significant new uses of elemental
mercury. Further, if the elimination of the use of mercury switches in
ABS and active ride control replacement parts does not occur as
anticipated, EPA may reconsider this decision and pursue additional
regulatory action.
    2. Comment--Applicability of action and reporting requirements for
motor vehicles involved in collisions and junkyards. One commenter
inquired as to the specific make and model of motor vehicles affected
by the proposed rule, the amount of elemental mercury present in a
typical convenience light switches, ABS switches, or active ride
control system switches, and the reporting requirements for motor
vehicles involved in a collision whereby a switch is ruptured and
releases elemental mercury. Further, the commenter inquired as to the
applicability of the proposed rule to junkyards.
    Response. EPA is not able to provide data on the specific make and
model of motor vehicles that will be affected by this final rule.
However, tables that describe ``Automobiles with ABS or Ride Control
Systems that Contain Mercury Switches,'' ``Number of Mercury Capsules
Installed between 1970 and 2003, by switch application,'' and
``Vehicles with Mercury Switches Installed, 1985-2003 by switch
application,'' can be accessed in the public docket for the final rule
in the report titled, ``Market Study: Mercury Use in Auto Switches.''
    U.S. automakers phased-out the use of mercury switches in new
vehicles on January 1, 2003. Each switch contains between 0.7 to 1.5
grams of elemental mercury. This action does not require the reporting
of elemental mercury spills from a vehicle collision. The rule requires
persons to notify EPA at least 90 days before commencing the
manufacturing or processing of elemental mercury for use in certain new
motor vehicle switches, as described in Unit III.B. and 40 CFR
721.10068(b)(2) of the regulatory text for this rule. A junkyard might
be affected if it were manufacturing or processing elemental mercury
for convenience light switches, ABS switches, or active ride control
system switches, or manufacturing or processing elemental mercury and
distributing it in commerce to persons who could use it in such
switches.
    3. Comment--Clarification of export notification requirements and
implementation of de minimis standard. Two commenters requested that
the applicability of export requirements under TSCA section 12(b) be
further clarified. The commenters voiced concerns that language in the
preamble of the proposed rule requires export notification for
elemental mercury exported in any form. The commenters were concerned
that trace amounts of

elemental mercury (i.e., impurities), present in or on significant
numbers of products in international commerce might trigger unduly
burdensome export notification requirements. Instead, one of the
commenters stated that export notification requirements should apply
``only for elemental mercury when exported in the form subject to the
SNUR, i.e., when used in convenience light switches, ABS switches, and
active ride control switches in certain motor vehicles.'' The
commenters cited as precedent an EPA amendment of a rule issued under
TSCA section 6 (59 FR 42769; August 19, 1994) (FRL-4867-3) (codified at
40 CFR 749.68), concerning hexavalent chromium used in comfort cooling
towers. Both commenters also recommended that a de minimis standard
should be adopted under TSCA section 12(b), whereby exports of chemical
substances and mixtures in amounts less than the prescribed threshold
would not be subject to notification requirements.
    Response. EPA will not, at this time, revisit its interpretation of
TSCA section 12(b) and the implementing regulations at 40 CFR part 707,
subpart D. Thus, one result of this SNUR is to trigger export
notification requirements under TSCA section 12(b) for the export of
elemental mercury regardless of its intended use. However, due to
recent amendments to EPA's TSCA section 12(b) implementing regulations
(see 71 FR 66234; November 14, 2006) (FRL-8101-3) (see 71 FR 68750;
November 28, 2006) (FRL-8104-9), exporters will not be required to
report exports with de minimis levels of elemental mercury and will
only be required to provide TSCA section 12(b) notification once for
export to any given country.
    The proposed rule indicated that the export notification
requirements under TSCA section 12(b) would be applicable to the export
of elemental mercury regardless of its intended use. Section 12(b)(2)
of TSCA provides that, ``If any person exports or intends to export to
a foreign country a chemical substance or mixture for which . . . a
rule has been proposed or promulgated under section 2604 [(TSCA section
5)] . . . , such person shall notify the Administrator of such
exportation or intent to export and the Administrator shall furnish to
the government of such country notice of such rule (15 U.S.C.
2611(b)(2)).'' The TSCA section 12(b) export notification requirement
for a chemical subject to a proposed or final SNUR is not contingent on
whether the intended use of the chemical has been regulated under a
SNUR, and EPA does not interpret TSCA section 12(b) to include an
exemption for uses that are not regulated. In promulgating the TSCA
section 12(b) implementing regulations, EPA explained its position,
``that the export notification requirement for a chemical is not
contingent on whether the intended use of the chemical has been
regulated. Notice must be given to EPA even though the chemical is
being exported for a use, or in a manner, that is not regulated
domestically under the relevant section 5, 6, or 7 action, rule or
order (45 FR 82844, 82846; December 16, 1980).''
    The commenters requested an exemption from the export notification
requirements for the export of elemental mercury that would not be used
for the significant new use. In support of the requested exemption, the
commenters stated that EPA's amendment of a rule issued under TSCA
section 6, which concerned hexavalent chromium in comfort cooling
towers (59 FR 42769; August 19, 1994) (codified at 40 CFR 749.68),
provided a precedent for this type of exemption. In the August 1994
hexavalent chromium action noted by the commenters, EPA amended 40 CFR
749.68 to clarify that only hexavalent chromium chemicals that could be
used for water treatment were the subjects of the underlying TSCA
section 6 regulation, not other hexavalent chromium chemicals. That
amendment had the parallel effect of limiting the scope of TSCA section
12(b) export notifications that were required for those hexavalent
chromium chemicals that could be used to treat water. The chemical
subject to this SNUR is elemental mercury, thus TSCA section 12(b)
requirements are applicable to the export of elemental mercury. It
should be noted, however, that in accordance with TSCA section 12(b)
regulations at 40 CFR 707.60(b), export notification for elemental
mercury exported as part of an article is not required. EPA will not
narrow the language of the final rule to confine export notification
requirements, as requested by the commenter, ``only for elemental
mercury when exported in the form subject to the SNUR, i.e., when used
in convenience light switches, ABS switches, and active ride control
switches in certain motor vehicles.''
    4. Comment--Weighted average of mercury switch content. One
commenter recommended that market data cited in the preamble of the
proposed rule, which pertained to the average content of elemental
mercury in switches used in convenience light, ABS, or active ride
control systems, should be supplemented to reflect the weighted average
of all switches used industry-wide for such purposes in motor vehicles,
which typically occur in one of three styles and weights.
    Response. The discrepancy between the averages of 0.8 grams per
switch in Unit IV.E. of the proposed rule and the weighted average of
1.2 grams per switch, as submitted, is noted. The submitted data
suggests that the amount of elemental mercury collectively contained in
convenience light, ABS, or active ride control system switches, as well
as the amounts potentially released into the environment, might be
greater than estimated. However, for the purposes of this action, the
data does not affect EPA's significant new use determinations as
described herein.
    5. Comment--Lift article exemption in whole, maintain broad
definition of ``motor vehicle,'' and incorporate condition for approval
of new use. One commenter advocated lifting the ``article'' exemption
at 40 CFR 721.45(f) in whole, as a partial suspension (e.g., solely for
articles containing motor vehicle switches) might be confusing or
undermine the intent of the proposed rule. The commenter also concurred
with the existing, broader definition of ``motor vehicle,'' and
suggested the action apply to vehicles other than noncommercial motor
vehicles that incorporate mercury switches for convenience light, ABS,
or active ride control systems. Finally, the commenter suggested that
EPA emphasize ``mitigation requirements as a condition of approval for
new use.'' The commenter recommended that ``new language [could] be
included in the rule that would give States and EPA the ability to
weigh the potential of cross-media impacts when considering significant
new uses so that mitigation in other critical environmental areas can
be included as a part of the decision making on significant new uses.''
The commenter also urged EPA to consider ``overall community reduction
efforts as well as efforts by companies to manage overall environmental
footprint'' in its decision-making processes.
    Response. EPA agrees that the exemption for articles at 40 CFR
721.45(f) should not apply to this action, and will finalize the rule
as proposed, without the ``article'' exemption. EPA also agrees that
the proposed definition of motor vehicles should be finalized as
proposed. In regard to placing emphasis on ``mitigation requirements as
a condition of approval for new use,'' EPA notes that the SNUN review
process is not an approval process. Instead, EPA reviews notifications
and can take action, as appropriate, under TSCA sections 5(e), 5(f), 6,
or 7, to regulate the significant new use. If EPA takes no action
during

the SNUN review period, then the SNUN submitter can commence the new
use and EPA must issue a Federal Register document in accordance with
TSCA section 5(g). As to considering cross-media impacts, specific
mitigation requirements, and overall community reduction efforts in the
``decision making on significant new uses,'' EPA generally does
consider cross-media impacts in the SNUN evaluation process and could
request further information from a SNUN submitter as needed to
facilitate assessment and, where appropriate, regulate significant new
uses. Further, EPA routinely considers environmental and human
exposures, hazards, risks, and data needs, and, where appropriate,
follows up as required with SNUN submitters, to regulate or limit
activities pending the development of information necessary to evaluate
a significant new use through the issuance of TSCA section 5(e) orders.
    6. Comment--Potential expansion of elemental mercury emission
reduction under other statutes. One commenter suggested the development
of an aggressive National Emission Standards for Hazardous Air
Pollutants (NESHAPs) that focused on electric arc furnace facilities.
    Response. The actions requested by the commenter are outside the
scope of this rulemaking.

IV. Significant New Use Determination

    Section 5(a)(2) of TSCA provides 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 (15 U.S.C. 2604(2)(A)-(D)).
    TSCA provides for the consideration of all relevant factors in
making a significant new use determination, and here EPA considered
other factors in addition to those enumerated in TSCA section 5(a)(2).
To determine what would constitute a significant new use of elemental
mercury, EPA considered relevant information about the toxicity of
mercury, the likely exposures and releases associated with the
lifecycle of elemental mercury manufactured for use in motor vehicle
switches, and the four factors listed in TSCA section 5(a)(2). The
lifecycle steps include the following:
     Mercury switch manufacturing.
     Motor vehicle manufacturing.
     Motor vehicle collision, repair, and maintenance.
     End-of-life vehicle recycling.
    After consideration of the relevant information about elemental
mercury and the lifecycle steps of automobile manufacture, the
statutory factors, and other considerations articulated in the proposed
rule (71 FR 39041-39042; July 11, 2006), EPA finds that the use of
elemental mercury in convenience light, ABS, and active ride control
system switches for use in new motor vehicles to be a significant new
use. EPA also finds the use of elemental mercury in certain switches as
aftermarket replacement parts to be a significant new use: All
aftermarket convenience light switches and those aftermarket ABS and
active ride control system switches for motor vehicles manufactured
after January 1, 2003.
    These findings are based on the reasonably anticipated manner and
methods of manufacturing, processing, distribution in commerce, and
disposal of elemental mercury in such switches, reintroduction of
elemental mercury in convenience light, ABS, and active ride control
system switches for use in new motor vehicles would: (1) Increase the
volume of manufacturing, processing, and recycling of such switches;
(2) increase the magnitude and duration of exposure of human beings and
the environment to elemental mercury; and (3) result in the exposure of
a category of workers to a different type or form of elemental mercury.
Based on these considerations, EPA determined that any manufacturing or
processing of elemental mercury for the uses designated in this rule is
a significant new use.

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

    As discussed in the Federal Register of April 24, 1990 (55 FR
17376), EPA has decided that the intent of TSCA section 5(a)(1)(B) is
best served by designating a use as a significant new use as of the
date of publication of the proposed rule rather than as of the
effective date of the final rule. If uses begun after publication of
the proposed rule were considered ongoing rather than new, it would be
difficult for EPA to establish SNUR notice requirements, because a
person could defeat the SNUR by initiating the proposed significant new
use before the rule became final, and then argue that the use was
ongoing as of the effective date of the final rule. Thus, persons who
began or begin commercial manufacture, import, or processing of
elemental mercury for a significant new use designated in this rule
will have to cease any such activity before the effective date of this
rule. To resume their activities, these persons would have to comply
with all applicable SNUR notice requirements and wait until the notice
review period, including all extensions, expires. EPA has promulgated
provisions to allow persons to comply with this SNUR before the
effective date. If a person were to meet the conditions of advance
compliance under 40 CFR 721.45(h), the person would be considered to
have met the requirements of the final SNUR for those activities.

VI. SNUN Submissions

    SNUNs should be mailed to the Environmental Protection Agency, OPPT
Document Control Office (7407M), 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001. Information must be submitted in the form
and manner set forth in EPA Form No. 7710-25. This form is available
electronically on the EPA website at http://www.epa.gov/oppt/newchems/pubs/pmnforms.htm
, and in hard copy from the Environmental Assistance

Division (7408M), OPPT, Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460-0001 (see 40 CFR 721.25(a)
and 720.40(a)(2)(i)).

VII. Test Data and Other Information

    EPA recognizes that TSCA section 5 does not require developing any
particular test data or information before submission of a SNUN.
Persons are required only to submit test data and information in their
possession or control and to describe any other data known to or
reasonably ascertainable by them (15 U.S.C. 2604(d); 40 CFR 721.25).
    In view of the potential risks posed by manufacture, processing,
distribution, and disposal of elemental mercury for use in motor
vehicle switches, EPA recommends that potential SNUN submitters include
data that would permit a reasoned evaluation of risks posed by
elemental mercury. EPA encourages persons to consult with EPA staff
before submitting a SNUN. As part of this optional pre-notice
consultation, EPA will discuss specific data it believes may be useful
in evaluating a significant new use. SNUNs submitted for a significant
new use of elemental

mercury without any test data may increase the likelihood that EPA will
take action under TSCA section 5(e) to prohibit or limit activities
associated with the significant new use intended.
    SNUN submitters should be aware that EPA will be better able to
evaluate SNUNs that provide detailed information on:
     Human exposure and environmental releases that may result
from the significant new uses of elemental mercury.
     Potential benefits of the significant new use of the
elemental mercury.
     Information on risks posed by the use of elemental mercury
in motor vehicle switches relative to risks posed by mercury-free
substitutes.
     Information on how the concerns about elemental mercury
emissions during disposal of end-of-life vehicles could be mitigated
(e.g., rebates for switches removed before shredding).
    Submitters should consider including with a SNUN any other
available studies on elemental mercury or studies on analogous
substances which may demonstrate that the significant new uses being
reported are unlikely to present an unreasonable risk.

VIII. Economic Analysis

A. SNUNs

    EPA evaluated the potential costs of establishing SNUR reporting
requirements for potential manufacturers and processors of elemental
mercury. While there is no precise way to calculate the total annual
cost of compliance with this final rule, given the uncertainties
related to predicting the number of SNUNs that would be submitted as a
result of this SNUR, EPA estimates that the cost for preparing and
submitting a SNUN is $7,302, including a $2,500 user fee required by 40
CFR 700.45(b)(2)(iii). Small businesses with annual sales of less than
$40 million when combined with those of the parent company, if any, are
subject to a reduced user fee of $100 (40 CFR 700.45(b)(1)). Based on
past experience with SNURs and the low number of SNUNs which are
submitted on an annual basis, EPA believes that there will be few, if
any, SNUNs submitted as a result of this SNUR. EPA does not expect
manufacturers of motor vehicles or mercury-containing replacement
switches to choose to manufacture or process items that would require
the submission of a SNUN. EPA believes that certain state laws that ban
the use of mercury-containing switches in new motor vehicles, as well
as marginal cost differences between mercury-containing and mercury-
free switches, will make SNUN submission cost prohibitive. The costs of
submitting SNUNs will not be incurred by any company unless that
company decides to pursue a significant new use as defined in this
SNUR. Further, while the expense of a notice and the uncertainty of
possible EPA regulation may discourage certain innovations, that impact
would be limited because such factors are unlikely to discourage an
innovation that has high potential value. The complete economic
analysis performed by EPA is available in the public docket, as
referenced in the proposed rule.

B. Export Notification

    As noted in Unit I. and Unit II.C., persons who intend to export a
chemical substance identified in a proposed or final SNUR are subject
to the export notification provisions of TSCA section 12(b) (15 U.S.C.
2611(b)). EPA estimated that the one-time cost of preparing and
submitting an export notification was $93.02. The total costs of export
notification will vary, depending on the number of required
notifications (e.g., number of countries to which the chemical is
exported). EPA is not able to estimate the total number of TSCA section
12(b) notifications that will be received as a result of this SNUR, nor
the total number of companies that will file such notices. However, EPA
expects that the total cost of complying with the export notification
provisions of TSCA section 12(b) will be limited, based on past
experience.

IX. Statutory and Executive Order Reviews

A. Regulatory Planning and Review

    Under Executive Order 12866, entitled Regulatory Planning and
Review (58 FR 51735, October 4, 1993), the Office of Management and
Budget has determined that this final SNUR is not a ``significant
regulatory action'' subject to review by OMB, because it does not meet
the criteria in section 3(f) of the Executive Order.

B. Paperwork Reduction Act

    The Office of Management and Budget has approved the information
collection requirements contained in this rule under the provisions of
the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et seq., and has
assigned OMB control number 2070-0038 (EPA ICR No. 1188). This action
would not impose any burden requiring additional OMB approval. If an
entity were to submit a SNUN to EPA, the annual burden is estimated to
require an average of 105 hours per submission. 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. In addition to the time and effort to prepare
and submit a SNUN, manufacturers must maintain records associated with
the SNUN submission for five years. The recordkeeping associated with
preparing and filing a SNUN is assumed to require five percent of the
time spent on reporting, or 5 hours. This brings the total estimated
time burden associated with a SNUN to 110 hours.
    According to PRA, burden means the total time, effort, or financial
resources expended by persons to generate, maintain, retain, or
disclose or provide information to or for a Federal Agency. This
includes the time needed to review instructions; develop, acquire,
install, and utilize technology and systems for the purposes of
collecting, validating, and verifying information, processing and
maintaining information, and disclosing and providing information;
adjust the existing ways to comply with any previously applicable
instructions and requirements; train personnel to be able to respond to
a collection of information; search data sources; complete and review
the collection of information; and transmit or otherwise disclose the
information.
    An Agency may not conduct or sponsor, and a person is not required
to respond to a collection of information unless it displays a
currently valid OMB control number and included on the related
collection instrument or form, if applicable. The OMB control numbers
for EPA's regulations in 40 CFR are listed in 40 CFR part 9. In
addition, EPA is amending the table in 40 CFR part 9 of currently
approved OMB control numbers for various regulations to list the
regulatory citation for the information requirements contained in this
final rule. Due to the technical nature of the table, EPA finds that
further notice and comment about amending the table is unnecessary. As
a result, EPA finds that there is good cause under section 553(b)(3)(B)
of the Administrative Procedures Act (APA), 5 U.S.C. 553(b)(3)(B), to
amend the table in 40 CFR 9.1 without further notice and comment.

C. Regulatory Flexibility Act

    Pursuant to section 605(b) of the Regulatory Flexibility Act (RFA),
5 U.S.C. 601 et seq., EPA hereby certifies that promulgation of this
SNUR will not have a significant adverse economic impact on a
substantial number of small entities. The rationale supporting this

conclusion is as follows. A SNUR applies to any person (including small
or large entities) who intends to engage in any activity described in
the rule as a ``significant new use.'' By definition of the word
``new,'' and based on all information currently available to EPA, it
appears that no small or large entities presently engage in such
activity. Since a SNUR only requires that any person who intends to
engage in such activity in the future must first notify EPA by
submitting a SNUN, no economic impact would even occur until someone
decides to engage in those activities. Although some small entities may
decide to conduct such activities in the future, EPA cannot presently
determine how many instances, if any, there may be. However, EPA
records indicate that an average of only 10 notices per year are
received in response to the promulgation of more than 1,000 SNURs. Of
those SNUNs submitted, none appear to be from small entities in
response to any SNUR. In addition, the estimated reporting cost for the
submission of a SNUN (see Unit VIII.A.), is minimal, regardless of the
size of the applicant organization.
    Therefore, EPA believes that the potential economic impact of
complying with this SNUR is not expected to be significant or adversely
impact a substantial number of small entities. In a SNUR that published
on June 2, 1997 (62 FR 29684) (FRL-5597-1), EPA presented its general
determination that proposed and final SNURs are not expected to have a
significant economic impact on a substantial number of small entities,
which was provided to the Chief Counsel for Advocacy of the Small
Business Administration.

D. Unfunded Mandates Reform Act

    Based on EPA experience with proposing and finalizing SNURs, State,
Local, and Tribal governments have not been impacted by these
rulemakings. EPA does not have any reason to believe that any State,
Local, or Tribal government will be impacted by this rulemaking. As
such, EPA determined that this regulatory action will not impose any
enforceable duty, contain any unfunded mandate, or otherwise have any
affect on small governments subject to the requirements of sections
202, 203, 204, or 205 of the Unfunded Mandates Reform Act of 1995
(UMRA) (Public Law 104-4).

E. Federalism

    This action will 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. Consultation and Coordination with Indian Tribal Governments

    This final rule will not have Tribal implications because it will
not have substantial direct effects on Indian Tribes, uniquely affect
the communities of Indian Tribal governments, and does not 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 6,
2000), do not apply to this final rule.

G. Protection of Children from Environmental Health Risks and Safety
Risks

    This final 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 it is not economically
significant as defined in Executive Order 12866, and because the Agency
does not have reason to believe the environmental health or safety
risks addressed by this action present a disproportionate risk to
children.

H. Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use

    This final 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 action
is not expected to affect energy supply, distribution, or use.

I. National Technology Transfer and Advancement Act

    This action does not involve any technical standards; therefore,
section 12(d) of the National Technology Transfer and Advancement Act
of 1995 (NTTAA), Public Law 104-113 (15 U.S.C. 272 note), does not
apply to this action.

J. Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations

    This action 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).

X. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., generally
provides that before a rule may take effect, the Agency promulgating
the rule must submit a rule report to each House of the Congress and
the Comptroller General of the United States. EPA will submit a report
containing this rule and other required information to the U.S. Senate,
the U.S. House of Representatives, and the Comptroller General of the
United States prior to publication of the rule in the Federal Register.
This rule is not a ``major rule'' as defined by 5 U.S.C. 804(2).

List of Subjects

40 CFR Part 9

    Environmental protection, Reporting and recordkeeping requirements.

40 CFR Part 721

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

    Dated: September 27, 2007.
Charles M. Auer,
Director, Office of Pollution Prevention and Toxics.

0
Therefore, 40 CFR parts 9 and 721 are amended as follows:

PART 9--[AMENDED]

0
1. The authority citation for part 9 continues to read as follows:

    Authority: 7 U.S.C. 135 et seq., 136-136y; 15 U.S.C. 2001, 2003,
2005, 2006, 2601-2671; 21 U.S.C. 331j, 346a, 31 U.S.C. 9701; 33
U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318, 1321, 1326, 1330,
1342, 1344, 1345 (d) and (e), 1361; E.O. 11735, 38 FR 21243, 3 CFR,
1971-1975 Comp. p. 973; 42 U.S.C. 241, 242b, 243, 246, 300f, 300g,
300g-1, 300g-2, 300g-3, 300g-4, 300g-5, 300g-6, 300j-1, 300j-2,
300j-3, 300j-4, 300j-9, 1857 et seq., 6901-6992k, 7401-7671q, 7542,
9601-9657, 11023, 11048.

0
2. In Sec.  9.1 the table is amended by adding a new entry in numerical
order under the heading ``Significant New Uses of Chemical Substances''
to read as follows:

Sec.  9.1  OMB approvals under the Paperwork Reduction Act.

* * * * *

------------------------------------------------------------------------
                   40 CFR citation                      OMB control No.
------------------------------------------------------------------------
                                * * * * *

------------------------------------------------------------------------

               Significant New Uses of Chemical Substances
------------------------------------------------------------------------
                                * * * * *
721.10068............................................          2070-0038
                                * * * * *
------------------------------------------------------------------------

* * * * *

PART 721--[AMENDED]

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

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

0
4. By adding new Sec.  721.10068 to subpart E to read as follows:

Sec.  721.10068  Elemental mercury.

    (a) Definitions. The definitions in Sec.  721.3 apply to this
section. In addition, the following definition applies: Motor vehicle
has the meaning found at 40 CFR 85.1703.
    (b) Chemical substances and significant new uses subject to
reporting. (1) The chemical substance elemental mercury (CAS. No. 7439-
97-6) is subject to reporting under this section for the significant
new uses described in paragraph (b)(2) of this section.
    (2) The significant new uses are:
    (i) Manufacture or processing of elemental mercury for use in
convenience light switches in new motor vehicles.
    (ii) Manufacture or processing of elemental mercury for use in
convenience light switches as new aftermarket replacement parts for
motor vehicles.
    (iii) Manufacture or processing of elemental mercury for use in
switches in anti-lock brake systems (ABS) in new motor vehicles.
    (iv) Manufacture or processing of elemental mercury for use in
switches in ABS as new aftermarket replacement parts for motor vehicles
that were manufactured after January 1, 2003.
    (v) Manufacture or processing of elemental mercury for use in
switches in active ride control systems in new motor vehicles.
    (vi) Manufacture or processing of elemental mercury for use in
switches in active ride control systems as new aftermarket replacement
parts for motor vehicles that were manufactured after January 1, 2003.
    (c) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph.
    (1) Suspension or revocation of certain notification exemptions.
The provisions of Sec.  721.45(f) do not apply to this section. A
person who imports or processes elemental mercury as part of an article
is not exempt from submitting a significant new use notice.
    (2) [Reserved]

[FR Doc. E7-19705 Filed 10-4-07; 8:45 am]

BILLING CODE 6560-50-S