[Federal Register Volume 80, Number 52 (Wednesday, March 18, 2015)]
[Notices]
[Pages 14240-14243]
[FR Doc No: 2015-06178]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2014-0303]

Qualification of Drivers; Exemption Applications; Vision

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of applications for exemptions, request for comments.

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SUMMARY: FMCSA announces receipt of applications from 21 individuals
for exemption from the vision requirement in the Federal Motor Carrier
Safety Regulations. They are unable to meet the vision requirement in
one eye for various reasons. The exemptions will enable these
individuals to operate commercial motor vehicles (CMVs) in interstate
commerce without meeting the prescribed vision requirement in one eye.
If granted, the exemptions would enable these individuals to qualify as
drivers of commercial motor vehicles (CMVs) in interstate commerce.

DATES: Comments must be received on or before April 17, 2015. All
comments will be investigated by FMCSA. The exemptions will be issued
the day after the comment period closes.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2014-0303 using any of the
following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting
comments.
     Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the
docket numbers for this notice. Note that all comments received will be
posted without change to http://www.regulations.gov, including any
personal information provided. Please see the Privacy Act heading below
for further information.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov at any time or Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The FDMS is available 24 hours each day, 365
days each year. If you want acknowledgment that we received your
comments, please include a self-addressed, stamped envelope or postcard
or print the acknowledgement

page that appears after submitting comments on-line.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: Charles A. Horan, III, Director,
Carrier, Driver and Vehicle Safety Standards,<PHONE_NUMBER>,
<EMAIL_ADDRESS>FMCSA, Department of Transportation, 1200 New
Jersey Avenue SE., Room W64-224, Washington, DC 20590-0001. Office
hours are from 8:30 a.m. to 5 p.m., Monday through Friday, except
Federal holidays. If you have questions regarding viewing or submitting
material to the docket, contact Docket Services, telephone (202) 366-
9826.

SUPPLEMENTARY INFORMATION:

I. Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the Federal Motor Carrier Safety Regulations for a 2-year period
if it finds ``such exemption would likely achieve a level of safety
that is equivalent to or greater than the level that would be achieved
absent such exemption.'' FMCSA can renew exemptions at the end of each
2-year period. The 21 individuals listed in this notice have each
requested such an exemption from the vision requirement in 49 CFR
391.41(b)(10), which applies to drivers of CMVs in interstate commerce.
Accordingly, the Agency will evaluate the qualifications of each
applicant to determine whether granting an exemption will achieve the
required level of safety mandated by statute.

II. Qualifications of Applicants

Neal S. Anderson

    Mr. Anderson, 53, has had Best disease in his right eye since
childhood. The visual acuity in his right eye is 20/100, and in his
left eye, 20/20. Following an examination in 2014, his optometrist
stated, ``There are no visual changes that warrant new restrictions to
his current commercial driver's license.'' Mr. Anderson reported that
he has driven straight trucks for 37 years, accumulating 296,000 miles,
and tractor-trailer combinations for 2 years, accumulating 15,000
miles. He holds a Class A CDL from Minnesota. His driving record for
the last 3 years shows no crashes and no convictions for moving
violations in a CMV.

Robert D. Arkwright

    Mr. Arkwright, 43, has had a toxoplasmosis scar in his right eye
since birth. The visual acuity in his right eye is 20/60, and in his
left eye, 20/20. Following an examination in 2015, his optometrist
stated, ``It is my opinion that Mr. Arkwright has sufficient vision to
perform the driving tasks required to operate a commercial vehicle.''
Mr. Arkwright reported that he has driven straight trucks for 3 years,
accumulating 225,000 miles, and tractor-trailer combinations for 17
years, accumulating 2.02 million miles. He holds an operator's license
from Mississippi. His driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.

Charles D. Ashworth Jr.

    Mr. Ashworth, 52, has had a corneal scar in his right eye since
childhood. The visual acuity in his right eye is 20/80, and in his left
eye, 20/20. Following an examination in 2014, his optometrist stated,
``I certify that in my medical opinion, Mr. Ashworth has sufficient
vision to perform the driving task required to operate a commercial
vehicle.'' Mr. Ashworth reported that he has driven straight trucks for
10 years, accumulating 350,000 miles, and tractor-trailer combinations
for 20 years, accumulating 2.7 million miles. He holds a Class DA CDL
from Kentucky. His driving record for the last 3 years shows no crashes
and one conviction for a moving violation in a CMV; he failed to obey a
traffic control device.

Randy A. Cimei

    Mr. Cimei, 57, has a hemorrhage and retinal detachment in his right
eye due to a traumatic incident in 2009. The visual acuity in his right
eye is hand motion, and in his left eye, 20/15. Following an
examination in 2015, his ophthalmologist stated, ``In my medical
opinion he has sufficient vision to perform the driving tasks required
to operate a commercial vehicle.'' Mr. Cimei reported that he has
driven straight trucks for 26 years, accumulating 260,000 miles, and
tractor-trailer combinations for 26 years, accumulating 5,200 miles. He
holds a Class A CDL from Illinois. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.

Ronald J. Gruszecki

    Mr. Gruszecki, 59, has had amblyopia in his right eye since
childhood. The visual acuity in his right eye is 20/100, and in his
left eye, 20/20. Following an examination in 2014, his ophthalmologist
stated, ``Based on the vision testing Ronald should be able to perform
the tasks required for his commercial license.'' Mr. Gruszecki reported
that he has driven straight trucks for 28 years, accumulating 1.26
million miles. He holds an operator's license from Illinois. His
driving record for the last 3 years shows no crashes and no convictions
for moving violations in a CMV.

Gerald L. Harper

    Mr. Harper, 66, has a displaced pupil in his right eye due to a
traumatic incident during childhood. The visual acuity in his right eye
is 20/50, and in his left eye, 20/20. Following an examination in 2014,
his optometrist stated, ``In my medical opinion Mr. Harper has
sufficient vision to adequately perform the tasks necessary to operate
a commercial vehicle at this time.'' Mr. Harper reported that he has
driven straight trucks for 2 years, accumulating 16,000 miles, and
tractor-trailer combinations for 31 years, accumulating 3.1 million
miles. He holds a Class A CDL from Missouri. His driving record for the
last 3 years shows no crashes and no convictions for moving violations
in a CMV.

Alan L. Helfer, Sr.

    Mr. Helfer, 50, has had a cataract with amblyopia in his left eye
since birth. The visual acuity in his right eye is 20/20, and in his
left eye, 20/1000. Following an examination in 2014, his optometrist
stated, ``I certify that in my medical opinion, patient has sufficient
vision to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Helfer reported that he has driven tractor-trailer
combinations for 24 years, accumulating 1.44 million miles. He holds a
Class AM CDL from Illinois. His driving record for the last 3 years
shows no crashes and no convictions for moving violations in a CMV.

Steven R. Jones

    Mr. Jones, 59, has had macular drusen in his left eye since 2005.
The visual acuity in his right eye is 20/20, and in his left eye, 20/
100. Following an examination in 2014, his optometrist stated, ``RE:
Commercial Driver's License . . . In my medical opinion, I believe
Steven can safely operate a motor vehicle. I am encouraged that he has
already driven safely for over 10 years with his current state of
visual ability.'' Mr. Jones reported that he has driven straight trucks
for 22 years, accumulating 514,800 miles. He holds a Class A CDL from
Kansas. His driving record for the last 3 years shows no

crashes and no convictions for moving violations in a CMV.

William F. Laforce

    Mr. Laforce, 49, has had esotropia and amblyopia in his left eye
since birth. The visual acuity in his right eye is 20/20, and in his
left eye, 20/50. Following an examination in 2014, his optometrist
stated, ``Has sufficient vision to perform daily tasks to operate a
commercial vehicle.'' Mr. Laforce reported that he has driven tractor-
trailer combinations for three years, accumulating 63,000 miles. He
holds a Class A CDL from Vermont. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.

Robert N. Lewis

    Mr. Lewis, 36, has had a retinal detachment in his right eye since
2008. The visual acuity in his right eye is no light perception, and in
his left eye, 20/20. Following an examination in 2014, his
ophthalmologist certified that, in his medical opinion, Mr. Lewis has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle. Mr. Lewis reported that he has driven straight
trucks for 2.7 years, accumulating 3,200 miles. He holds an operator's
license from Ohio. His driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.

Ryan T. McKinney

    Mr. McKinney, 25, has had amblyopia in his left eye since birth.
The visual acuity in his right eye is 20/20, and in his left eye, 20/
400. Following an examination in 2014, his optometrist stated, ``Ryan
has 20/20 vision binocular and has full field of vision in both eyes.
This condition has been present since birth. I see no reason why Ryan
McKinney should not be allowed to drive a commercial vehicle on the
interstate.'' Mr. McKinney reported that he has driven straight trucks
for one year, accumulating 1,000 miles, and tractor-trailer
combinations for 18 months, accumulating 130,000 miles. He holds a
Class A CDL from Tennessee. His driving record for the last 3 years
shows no crashes and no convictions for moving violations in a CMV.

Freeman A. Miller

    Mr. Miller, 67, has had refractive amblyopia in his right eye since
childhood. The visual acuity in his right eye is 20/100, and in his
left eye, 20/20. Following an examination in 2014, his optometrist
stated, ``In my medical opinion, I see no reason visually that he could
not operate a commercial vehicle.'' Mr. Miller reported that he has
driven straight trucks for 17 years, accumulating 799,000 miles, and
tractor-trailer combinations for 22 years, accumulating 1.98 million
miles. He holds a Class A CDL from Ohio. His driving record for the
last 3 years shows no crashes and no convictions for moving violations
in a CMV.

Larry G. Murray

    Mr. Murray, 67, has complete loss of vision in his left eye due to
a traumatic incident in 2002. The visual acuity in his right eye is 20/
25, and in his left eye, no light perception. Following an examination
in 2014, his optometrist stated, ``In my opinion patient has sufficient
vision to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Murray reported that he has driven tractor-trailer
combinations for 40 years, accumulating 432,000 miles. He holds a Class
A CDL from Louisiana. His driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.

Thomas W. Oberschlake

    Mr. Oberschlake, 50, has had amblyopia in his right eye since
childhood. The visual acuity in his right eye is 20/70, and in his left
eye, 20/20. Following an examination in 2014, his ophthalmologist
certified that, in his medical opinion, Mr. Oberschlake has sufficient
vision to perform the driving tasks required to operate a commercial
vehicle. Mr. Oberschlake reported that he has driven straight trucks
for 30 years, accumulating 45,000 miles. He holds an operator's license
from Ohio. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.

Dennis R. Ohl

    Mr. Ohl, 49, has had refractive amblyopia in his right eye since
birth. The visual acuity in his right eye is 20/50, and in his left
eye, 20/20. Following an examination in 2014, his optometrist stated,
``In general, based on his current visual status, I believe Dennis to
be capable of safely operating a commercial vehicle.'' Mr. Ohl reported
that he has driven straight trucks for 7.5 years, accumulating 172,500
miles. He holds an operator's license from Missouri. His driving record
for the last 3 years shows no crashes and no convictions for moving
violations in a CMV.

J.W. Peebles

    Mr. Peebles, 65, has had complete loss of vision due to a choroidal
melanoma in his right eye since 2014. The visual acuity in his right
eye is no light perception, and in his left eye, 20/20. Following an
examination in 2014, his ophthalmologist stated, ``This vision in his
left eye is 20/20 with and without correction . . . Based on my exam
and the Goldman visual field, Mr. Peebles fulfills the driving tasks
required to operate a commercial vehicle.'' Mr. Peebles reported that
he has driven tractor-trailer combinations for 30 years, accumulating
468,500 miles. He holds a Class AM CDL from Tennessee. His driving
record for the last 3 years shows no crashes and no convictions for
moving violations in a CMV.

Craig C. Perrotta

    Mr. Perrotta, 56, has had maculopathy associated with chronic
central serous retinopathy in his left eye since 2007. The visual
acuity in his right eye is 20/20, and in his left eye, 20/400.
Following an examination in 2014, his optometrist stated, ``It is in my
medical opinion that Mr. Perrotta's visual system is capable of
performing the designated driving tasks required to operate a
commercial vehicle, and has been doing so without incident for over 10
years.'' Mr. Perrotta reported that he has driven straight trucks for
5.5 years, accumulating 184,800 miles. He holds a Class B CDL from
Massachusetts. His driving record for the last 3 years shows no crashes
and no convictions for moving violations in a CMV.

Raymond W. Pitts

    Mr. Pitts, 67, has had a retinal detachment in his right eye since
2010. The visual acuity in his right eye is no light perception, and in
his left eye, 20/20. Following an examination in 2014, his optometrist
stated, ``In my medical opinion, Mr. Pitts has sufficient vision to
perform the driving tasks required to operate a commercial vehicle.''
Mr. Pitts reported that he has driven tractor-trailer combinations for
40 years, accumulating four million miles. He holds a Class A CDL from
Florida. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.

Jeffrey A. Porter

    Mr. Porter, 56, has had hyperopia with amblyopia in his left eye
since childhood. The visual acuity in his right eye is 20/20, and in
his left eye, 20/400. Following an examination in 2014, his optometrist
stated, ``R [sic] eye simple hyperopia L [sic] eye hyperopia w [sic]
amblyopia secondary to surgical correction for an eye turn as a child,
patient is not monocular . . . Patient is able to operate a commercial
vehicle.'' Mr. Porter reported that he has driven straight trucks for 8
years, accumulating

160,000 miles. He holds a Class D CDL from Connecticut. His driving
record for the last 3 years shows no crashes and no convictions for
moving violations in a CMV.

Marty J. Prouty

    Mr. Prouty, 55, has had a retinal detachment and a cataract in his
left eye since birth. The visual acuity in his right eye is 20/20, and
in his left eye, counting fingers. Following an examination in 2014,
his ophthalmologist stated, ``In my medical opinion, he has sufficient
vision to operate a commercial motor vehicle.'' Mr. Prouty reported
that he has driven straight trucks for 20 years, accumulating 300,000
miles, tractor-trailer combinations for 38 years, accumulating 760,000
miles, and buses for one year, accumulating 1,000 miles. He holds a
Class A CDL from Iowa. His driving record for the last 3 years shows
one crash, for which he was cited for following too closely.

Daniel A. Rau

    Mr. Rau, 54, has a retinal tear and calcification of cornea
secondary to failed penetrating keratoplasty in his left eye due to a
traumatic incident in 1986. The visual acuity in his right eye is 20/
20, and in his left eye, no light perception. Following an examination
in 2014, his ophthalmologist stated, ``I certify that in my medical
opinion Mr. Rau has sufficient vision with correction to perform
driving tasks required to operate commercial vehicles.'' Mr. Rau
reported that he has driven straight trucks for 33 years, accumulating
907,500 miles, and tractor-trailer combinations for 30 years,
accumulating 2.63 million miles. He holds a Class A CDL from New
Jersey. His driving record for the last 3 years shows no crashes and no
convictions for moving violations in a CMV.

III. Public Participation and Request for Comments

    FMCSA encourages you to participate by submitting comments and
related materials.

Submitting Comments

    If you submit a comment, please include the docket number for this
notice, indicate the specific section of this document to which each
comment applies, and provide a reason for each suggestion or
recommendation. You may submit your comments and material online or by
fax, mail, or hand delivery, but please use only one of these means.
FMCSA recommends that you include your name and a mailing address, an
email address, or a phone number in the body of your document so the
Agency can contact you if it has questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov and
put the docket number FMCSA-2014-0303 in the ``Keyword'' box, and click
``Search.'' When the new screen appears, click on ``Comment Now!''
button and type your comment into the text box in the following screen.
Choose whether you are submitting your comment as an individual or on
behalf of a third party and then submit. If you submit your comments by
mail or hand delivery, submit them in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying and electronic filing. If you
submit comments by mail and would like to know that they reached the
facility, please enclose a stamped, self-addressed postcard or
envelope.
    FMCSA will consider all comments and material received during the
comment period and may change this notice based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov and
insert the docket number FMCSA-2014-0303 in the ``Keyword'' box and
click ``Search.'' Next, click ``Open Docket Folder'' button and choose
the document listed to review. If you do not have access to the
Internet, you may view the docket online by visiting the Docket
Management Facility in Room W12-140 on the ground floor of the DOT West
Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9
a.m. and 5 p.m., e.t., Monday through Friday, except Federal holidays.

    Dated: March 11, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-06178 Filed 3-17-15; 8:45 am]
 BILLING CODE 4910-EX-P


1 Date: April 6, 2004 To: Renee Johnson and Chris Miller, EPA From: Ian Cadillac and Maureen Kaplan, ERG Subject: UPDATED: Aquaculture Detailed Questionnaire Costs and Returns for Flow through and Recirculating Facilities National Estimates 1. DATA There are 94 in scope commercial facilities with flow through and recirculating production systems in the EPA detailed questionnaire data base. Five facilities cannot be analyzed for costs and returns because the unweighted facility changed ownership at the time of the survey and did not supply financial data. The number of observations for this analysis is 89. The analysis uses the 2001 data for two reasons: ( 1) it is the most recent year for which data were collected in the survey, and ( 2) it is the year closest to the data gathered in Engle, et al. 2004.

The parameters, where they are taken from in the survey, and other comments are listed below:

Parameter Questionnaire Source Revenue: C6: total sales Total Costs C6: total expenses [ can be more than sum of individual components]

Variable Costs Labor: C6i: hired labor [ will include management if paid] Feed: C6c: feed purchased [ production and medicated] Chemicals: C6a: chemicals and C6d: fertilizers and lime Energy: C6n: utilities plus C6e: gasoline, fuel, and oil Depreciation: C6b: depreciation [ not on Carole's list] Interest: C6h: interest other than mortgage [ may or may not be interest on operating loan] Repairs/ main: C6l: repairs/ maintenance Cost of aquatic animals: C6o: only if the respondent used accrual accounting Rent or lease: C6j: vehicles, machinery, or equipment Rent or lease: C6k: land, animals, or other Fixed Costs Insurance: C6f: insurance, other than health Interest: C6g: mortgage interest Taxes: C6m: taxes 2 2. NATIONAL ESTIMATES Table 1 is a summary of the national estimates for the costs and returns for facilities that produce between 100,000 lb/ yr to 475,000 lb/ yr and > 475,000 lb/ yr. The average sales estimate for the smaller production size ( 100k to 475k) is skewed because 7.5 facilities ( two unweighted facilities) reported $ 0 sales. That is, the production from these two facilities are transported to other facilities under the same ownership for further grow out and or processing. The survey data indicate that not all cost components are individually tracked by the respondents; see the frequent minimum value of $ 0 for several cost categories. On average, labor and feed costs are roughly comparable.

Table 1 National Estimates  Costs and Returns > 475,000 lb/ yr ( 30 facilities) 100,000 lb/ y  475,000 lb/ yr ( 59 facilities)

Variable National Average Minimum Maximum National Average Minimum Maximum Total Sales $ 1,456,563 $ 358,000 $ 9,766,000 $ 415,292 $ 140,000 $ 1,456,000 Total Expenses $ 1,619,269 $ 381,000 $ 10,573,000 $ 564,322 $ 160,000 $ 1,610,000 All Variable $ 1,048,959 $ 304,000 $ 4,311,000 $ 353,669 $ 69,001 $ 1,231,001 Depreciation $ 92,510 $ 3,000 $ 669,000 $ 52,095 $ 0 $ 304,000 Feed $ 201,696 $ 0 $ 422,000 $ 88,928 $ 0 $ 249,000 Chemicals $ 65,600 $ 0 $ 377,000 $ 13,110 $ 0 $ 146,000 Non Mortgage Interest $ 63,026 $ 0 $ 612,000 $ 5,097 $ 0 $ 44,000 Labor $ 243,623 $ 0 $ 1,925,000 $ 91,718 $ 0 $ 503,000 Rent Vehicle $ 3,312 $ 0 $ 17,000 $ 2,722 $ 0 $ 29,000 Rent land $ 71,216 $ 0 $ 277,000 $ 12,279 $ 0 $ 68,000 Repairs $ 39,498 $ 0 $ 227,000 $ 24,226 $ 0 $ 103,000 Energy $ 119,541 $ 0 $ 801,000 $ 54,793 $ 0 $ 281,000 COGS $ 562,405 $ 0 $ 7,861,000 $ 49,937 $ 0 $ 438,000 All Fixed $ 46,314 $ 0 $ 346,000 $ 44,275 $ 0 $ 161,000 Taxes $ 23,869 $ 0 $ 230,000 $ 22,026 $ 0 $ 69,000 Interest Mortgage $ 6,219 $ 0 $ 18,000 $ 1,952 $ 0 $ 16,000 Insurance $ 16,226 $ 0 $ 116,000 $ 20,297 $ 0 $ 92,000


[Federal Register Volume 81, Number 80 (Tuesday, April 26, 2016)]
[Notices]
[Pages 24610-24613]
[FR Doc No: 2016-09732]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2015-0794; FRL-9943-82]

Aldicarb, Bensulide, Coumaphos, Ethalfluralin, and Pirimiphos-
methyl Registration Review; Draft Human Health and Ecological Risk
Assessments; Notice of Availability

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces the availability of EPA's draft human
health risk and draft ecological risk assessments for aldicarb,
bensulide, coumaphos, ethalfluralin, and pirimiphos-methyl and opens a
public comment period on these documents. Registration review is EPA's
periodic review of pesticide registrations to ensure that each
pesticide continues to satisfy the statutory standard for registration,
that is, the pesticide can perform its intended function without
unreasonable adverse effects on human health or the environment. As
part of the registration review process, the Agency has completed a
comprehensive draft human health and ecological risk assessments for
all aldicarb, bensulide, coumaphos, ethalfluralin, and pirimiphos-
methyl uses. After reviewing comments received during the public
comment period, EPA will issue a revised risk assessment, explain any
changes to the draft risk assessment, and respond to comments and may
request public input on risk mitigation before completing a proposed
registration review decision for aldicarb, bensulide, coumaphos,
ethalfluralin, and pirimiphos-methyl. Through this program, EPA is
ensuring that each pesticide's registration is based on

current scientific and other knowledge, including its effects on human
health and the environment.

DATES: Comments must be received on or before June 27, 2016.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2015-0794, 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: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 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 pesticide specific information
contact: The Chemical Review Manager listed in Table 1of Unit III.
    For general questions on the registration review program, contact:
Richard Dumas, Pesticide Re-Evaluation Division (7508P), Office of
Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania
Ave. NW., Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>;
email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

 A. Does this action apply to me?

    This action is directed to the public in general and may be of
interest to a wide range of stakeholders including environmental, human
health, farm worker, and agricultural advocates; the chemical industry;
pesticide users; and members of the public interested in the sale,
distribution, or use of pesticides. Since others also may be
interested, the Agency has not attempted to describe all the specific
entities that may be affected by this action. If you have any questions
regarding the applicability of this action to a particular entity,
consult the Chemical Review Manager listed in Table 1 of Unit III.

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.
    3. Environmental justice. EPA seeks to achieve environmental
justice, the fair treatment and meaningful involvement of any group,
including minority and/or low income populations, in the development,
implementation, and enforcement of environmental laws, regulations, and
policies. To help address potential environmental justice issues, the
Agency seeks information on any groups or segments of the population
who, as a result of their location, cultural practices, or other
factors, may have atypical or disproportionately high and adverse human
health impacts or environmental effects from exposure to the pesticides
discussed in this document, compared to the general population.

II. Authority

    EPA is conducting its registration review of aldicarb, bensulide,
coumaphos, ethalfluralin, and pirimiphos-methyl pursuant to section
3(g) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
and the Procedural Regulations for Registration Review at 40 CFR part
155, subpart C. Section 3(g) of FIFRA provides, among other things,
that the registrations of pesticides are to be reviewed every 15 years.
Under FIFRA, a pesticide product may be registered or remain registered
only if it meets the statutory standard for registration given in FIFRA
section 3(c)(5) (7 U.S.C. 136a(c)(5)). When used in accordance with
widespread and commonly recognized practice, the pesticide product must
perform its intended function without unreasonable adverse effects on
the environment; that is, without any unreasonable risk to man or the
environment, or a human dietary risk from residues that result from the
use of a pesticide in or on food.

III. Registration Reviews

    As directed by FIFRA section 3(g), EPA is reviewing the pesticide
registration for aldicarb, bensulide, coumaphos, ethalfluralin, and
pirimiphos-methyl to ensure that it continues to satisfy the FIFRA
standard for registration--that is, that aldicarb, bensulide,
coumaphos, ethalfluralin, and pirimiphos-methyl can still be used
without unreasonable adverse effects on human health or the
environment.

                     Table 1--Draft Risk Assessments Being Made Available for Public Comment
----------------------------------------------------------------------------------------------------------------
 Registration review case name  and                                                Chemical review manager and
               number                             Docket ID number                     contact information
----------------------------------------------------------------------------------------------------------------
Aldicarb............................  EPA-HQ-OPP-2012-0161                      Susan Bartow,
0140<EMAIL_ADDRESS>(703) 603-
                                                                                0065.
Bensulide...........................  EPA-HQ-OPP-2008-0022                      Margaret Hathaway,
2035<EMAIL_ADDRESS><PHONE_NUMBER>.
Coumaphos...........................  EPA-HQ-OPP-2008-0023                      Brian Kettl,
0018<EMAIL_ADDRESS>(703) 347-
                                                                                0535.
Ethalfluralin.......................  EPA-HQ-OPP-2011-0094                      Kelly Ballard,
2260<EMAIL_ADDRESS>(703)
                                                                                305-8126.
Pirimiphos-methyl...................  EPA-HQ-OPP-2009-0056                      Caitlin Newcamp,
2535<EMAIL_ADDRESS>(703)
                                                                                347-0397.
----------------------------------------------------------------------------------------------------------------

    Aldicarb. Draft Human Health and Ecological Risk Assessments (EPA-
HQ-OPP-2012-0161). Aldicarb is a systemic carbamate insecticide,
acaricide, and nematicide registered for use on cotton, dry beans,
peanuts, soybeans, sugar beets, and sweet potatoes. It is not
registered for non-agricultural/residential use. EPA conducted a
comprehensive human health risk assessment including a highly refined
acute dietary exposure assessment for all existing food uses of
aldicarb. Acute dietary exposure estimates for drinking water as well
as food and drinking water combined are of concern. A commodity
specific analysis (CSA) was conducted to obtain estimates of acute
exposure and risk following a single consumption of a single commodity.
Exposure estimates were above the level of concern for children
following consumption of sweet potatoes or potatoes. Additionally,
there are short- and intermediate-term occupational handler risk
estimates of concern for the registered uses of aldicarb with label-
specified personal protective equipment. EPA also conducted a screening
level ecological risk assessment and identified potential risks to both
aquatic and terrestrial non-target organisms. The assessments did not
cover the EDSP component of this registration review case, nor does it
include a full pollinator assessment or a complete endangered species
assessment.
    Bensulide. Draft Human Health and Ecological Risk Assessments (EPA-
HQ-OPP-2008-0022). Bensulide is a systemic organophosphate herbicide
registered to control grasses and broadleaf weeds in a variety of
agricultural (e.g., lettuce, cantaloupe, broccoli) and non-agricultural
(golf course, turf farm, residential lawn, rights-of-way, and
landscaping) settings, and is usually applied to bare ground before
crops are planted. EPA conducted a comprehensive human health risk
assessment and identified risks of concern for dietary, residential,
occupational, and spray drift exposures. The bensulide risk assessment
retained the FQPA 10x safety factor due to the uncertainty in the human
dose-response relationship for neuro-developmental effects. EPA also
conducted an ecological risk assessment for bensulide, which identified
risks of concern for non-listed species for birds, reptiles, and
terrestrial-phase amphibians; mammals; freshwater fish and aquatic-
phase amphibians; marine/estuarine fish; freshwater invertebrates; and
aquatic vascular plants. Neither an endangered species assessment nor a
pollinator assessment been completed for bensulide at this time.
Bensulide is on the second list of chemicals for tier one screening
under the Endocrine Disruptor Screening Program (EDSP).
    Coumaphos. Draft Human Health and Ecological Risk Assessments (EPA-
HQ-OPP-2008-0023). Coumaphos is an organophosphate acaricide. It is
used to control ticks and mites on livestock, as well as to control
varroa mites and small hive beetles in beehives. The human health risk
assessment for coumaphos found dietary risks of concern, with food
(beef meat) being the driver in the steady state risk estimates. In
addition, almost all of the occupational exposure scenarios show risks
of concern for both dermal and inhalation routes of exposure at varying
levels of personal protection equipment and all formulations with the
exception of liquid. The coumaphos risk assessment retained the FQPA
10x safety factor due to the uncertainty in human dose-response
relationship for neuro-developmental effects. Coumaphos is expected to
pose an acute risk to birds. Coumaphos is not expected to pose a risk
to endangered or non-endangered mammals because of its limited use
pattern. Coumaphos usage on cattle may pose a high acute risk to
aquatic invertebrates. Coumaphos is not expected to pose chronic or
acute risks to listed or non-listed fish. Neither a comprehensive
endangered species assessment nor a pollinator assessment has been
completed for coumaphos at this time. Coumaphos is on the second list
of chemicals for Tier 1 screening under EDSP.
    Ethalfluralin. Draft Human Health and Ecological Risk Assessments
(EPA-HQ-OPP-2011-0094). Ethalfluralin is a preemergence herbicide used
to control a variety of annual grasses and broadleaf weeds on
agricultural sites. Ethalfluralin has multiple end-use products that
are registered for use on various agricultural crops. EPA conducted a
comprehensive human health risk assessment and did not identify any
risks of concern. EPA also conducted an ecological risk assessment.
Potential risks to aquatic animals, aquatic and terrestrial plants, and
mammals were identified. The assessments did not cover the EDSP
component of this registration review case, nor does it include either
a full pollinator assessment or a complete endangered species
assessment.
    Pirimiphos-methyl. Draft Human Health Risk and Ecological
Assessments (EPA-HQ-OPP-2009-0056). Pirimiphos-methyl is a member of
the organophosphate class of pesticides. Currently, it is registered
for use as an insecticide in cattle ear tags, and on post-harvest
stored grain/seeds (sorghum and corn). There are two special local need
FIFRA section 24(c) registrations: A fogger treatment on iris bulbs in
Washington, and a fogger and drench treatment on gladiola bulbs in
Michigan. EPA conducted a human health risk assessment, and did not
identify any risks of concern for dietary or residential exposures.
However, risks of concern were identified for occupational exposure and
for all handler scenarios. The pirimiphos-methyl risk assessment
retained the FQPA 10x safety factor due to the uncertainty in human
dose-response relationship for neuro-developmental effects. EPA also
conducted a quantitative ecological risk assessment and identified
potential risks to terrestrial and aquatic invertebrates. A complete
endangered species assessment nor a pollinator assessment has been
completed for pirimiphos-methyl. The assessments did not cover the EDSP
component of this registration review case.
    Pursuant to 40 CFR 155.53(c), EPA is providing an opportunity,
through this notice of availability, for interested parties to provide
comments and input concerning the Agency's draft human health and
ecological risk assessments for aldicarb, bensulide, coumaphos,
ethalfluralin, and pirimiphos-methyl. Such comments and input could
address, among other things, the Agency's risk assessment methodologies
and assumptions, as applied to this draft risk assessment. The Agency
will consider all comments received during the public comment period
and make changes, as appropriate, to the draft human health and
ecological risk assessments. EPA will then issue a revised risk
assessment, explain any changes to the draft risk assessment, and
respond to comments. In the Federal Register notice announcing the
availability of the revised risk assessment, if the revised risk
assessment indicates risks of concern, the Agency may provide a comment
period for the public to submit suggestions for mitigating the risk
identified in the revised risk assessment before developing a proposed
registration review decision on aldicarb, bensulide, coumaphos,
ethalfluralin, and pirimiphos-methyl.
    1. Other related information. Additional information on aldicarb,
bensulide, coumaphos, ethalfluralin, and pirimiphos-methyl is available
on the Agency's registration review program and its implementing
regulation is available at https://www.epa.gov/pesticide-reevaluation.

    2. Information submission requirements. Anyone may submit data or
information in response to this document. To be considered during a
pesticide's registration review, the submitted data or information must
meet the following requirements:
     To ensure that EPA will consider data or information
submitted, interested persons must submit the data or information
during the comment period. The Agency may, at its discretion, consider
data or information submitted at a later date.
     The data or information submitted must be presented in a
legible and useable form. For example, an English translation must
accompany any material that is not in English and a written transcript
must accompany any information submitted as an audiographic or
videographic record. Written material may be submitted in paper or
electronic form.
     Submitters must clearly identify the source of any
submitted data or information.
     Submitters may request the Agency to reconsider data or
information that the Agency rejected in a previous review. However,
submitters must explain why they believe the Agency should reconsider
the data or information in the pesticide's registration review.
    As provided in 40 CFR 155.58, the registration review docket for
each pesticide case will remain publicly accessible through the
duration of the registration review process; that is, until all actions
required in the final decision on the registration review case have
been completed.

    Authority:  7 U.S.C. 136 et seq.

    Dated: March 14, 2016.
Yu-Ting Guilaran,
Director, Pesticide Re-Evaluation Division, Office of Pesticide
Programs.
[FR Doc. 2016-09732 Filed 4-25-16; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 80, Number 222 (Wednesday, November 18, 2015)]
[Notices]
[Pages 72136-72137]
[FR Doc No: 2015-29493]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Commercial Space Transportation Advisory Committee--Public
Teleconference

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of Commercial Space Transportation Advisory Committee
Teleconference.

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

SUMMARY: Pursuant to Section 10(a)(2) of the Federal Advisory Committee
Act (Pub. L. 92-463, 5 U.S.C. App. 2), notice is hereby given of a
teleconference of the Commercial Space Transportation Advisory
Committee (COMSTAC). The Teleconference will take place on Thursday,
December 10, 2015, starting at 3:00 p.m. Eastern Standard Time and will
last approximately one hour. The agenda and call-in number will be
posted at least one week in advance at http://www.faa.gov/go/ast.
    The proposed agenda for this teleconference is to review findings
and recommendations on FAA AST possible engagement with European Space
Agency to foster U. S. commercial participation in the refinement and
attainment of the lunar village concept.
    Interested members of the public may submit relevant written
statements for the COMSTAC members to consider under the advisory
process. Statements may concern the issues and agenda items mentioned
above and/or additional issues that may be relevant for the U.S.
commercial space transportation industry. Interested parties wishing to
submit written statements should contact Larry Scott, COMSTAC
Designated Federal Officer, (the Contact Person listed below) in
writing (mail or email) by December 3, 2015, so that the information
can be made available to COMSTAC members for their review and
consideration before the December 10 teleconference. Written statements
should be supplied in the following formats: One hard copy with
original signature and/or one electronic copy via email.
    An agenda will be posted on the FAA Web site at www.faa.gov/go/ast.
    Individuals who plan to participate and need special assistance
should inform the Contact Persons listed below in advance of the
meeting.

FOR FURTHER INFORMATION CONTACT: Larry Scott, telephone<PHONE_NUMBER>;
email<EMAIL_ADDRESS>FAA Office of Commercial Space
Transportation (AST-3), 800 Independence Avenue SW., Room 331,
Washington, DC 20591.
    Complete information regarding COMSTAC is available on the FAA Web

site at: http://www.faa.gov/about/office_org/headquarters_offices/ast/advisory_committee/.

    Issued in Washington, DC, November 12, 2015
George C. Nield,
Associate Administrator for Commercial Space Transportation.
[FR Doc. 2015-29493 Filed 11-17-15; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 84, Number 234 (Thursday, December 5, 2019)]
[Rules and Regulations]
[Pages 66591-66599]
[FR Doc No: 2019-26225]

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

40 CFR Parts 9 and 721

[EPA-HQ-OPPT-2018-0649; FRL-10001-47]
RIN 2070-AB27

Significant New Use Rules on Certain Chemical Substances (18-2)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is issuing significant new use rules (SNURs) under the
Toxic Substances Control Act (TSCA) for chemical substances that are
the subject of premanufacture notices (PMNs), and Orders issued by EPA
under TSCA. The SNURs require persons who intend to manufacture
(defined by statute to include import) or process any of these chemical
substances for an activity that is designated as a significant new use
by this rule to notify EPA at least 90 days before commencing that
activity. Persons may not commence manufacture or processing for the
significant new use until EPA has conducted a review of the notice,
made an appropriate determination on the notice, and has taken such
actions as are required by that determination.

DATES: This rule is effective on February 3, 2020. For purposes of
judicial review, this rule shall be promulgated at 1 p.m. (e.s.t.) on
December 19, 2019.

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 substances contained in this 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 or processors of one or more subject
chemical substances (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
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 that is the subject of this rule on or after January 6, 2020
are subject to the export notification provisions of TSCA section 12(b)
(15 U.S.C. 2611(b)) (see 40 CFR 721.20), and must comply with the
export notification requirements in 40 CFR part 707, subpart D.

B. How can I access the docket?

    The docket includes information considered by the Agency in
developing the proposed and final rules. The docket for this action,
identified by the docket identification (ID) number listed at the top
of this document, is available at http://www.regulations.gov or at the
Office of Pollution Prevention and Toxics Docket (OPPT Docket),
Environmental Protection Agency Docket Center (EPA/DC), West William
Jefferson Clinton Bldg., Rm. 3334, 1301 Constitution Ave. NW,
Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding legal holidays. The telephone
number for the Public Reading Room is<PHONE_NUMBER>, and the telephone
number for the OPPT Docket is<PHONE_NUMBER>. Please review the visitor
instructions and additional information about the docket available at
http://www.epa.gov/dockets.

II. Background

A. What action is the Agency taking?

    EPA is finalizing these SNURs under TSCA section 5(a)(2) for 28
substances which were the subject of PMNs. These SNURs require persons
who intend to manufacture or process any of these chemical substances
for an activity that is designated as a significant new use to notify
EPA at least 90 days before commencing that activity.
    EPA is not finalizing one proposed SNUR at 40 CFR 721.11173 for the
chemical substances P-15-442, P-15-443, P-15-444, P-15-445, P-15-446,
P-15-447, P-15-525, P-15-526, P-15-527, and P-15-528, because the
Agency is currently reviewing data submitted in support of a request to
modify the underlying TSCA section 5(e) Order that forms the basis for
the proposed SNUR. EPA will finalize that proposed SNUR after the data
has been reviewed and any changes to the Order and/or SNUR have been
considered and identified. In addition, the Agency has modified the
underlying Order for the SNUR at 40 CFR 721.11174 to add the substances
described in PMNs P-18-193, P-18-194, P-18-195, P-18-196, P-19-124, P-
19-125, P-19-126, P-19-127, P-19-128, and P-19-129. All terms of the
Order and proposed SNUR remain the same.
    In the Federal Register of October 10, 2018 (83 FR 50872) (FRL-
9984-67), EPA proposed a SNUR for 28 chemical substances to be added to
40 CFR part 721 subpart E. The comment period closed on November 9,
2018. More information on the specific chemical substances subject to
this final rule can be found in the Federal Register documents for the
direct final SNUR of October 10, 2018 (83 FR 50838) (FRL-9984-65). This
direct final SNUR was withdrawn on December 7, 2018 (83 FR 63066) (FRL-
9987-43) due to adverse public comments related to SNURs identified in
the document. The record for the SNUR was established in the docket
under docket ID number EPA-HQ-OPPT-2018-0649. That docket includes
information considered by the Agency in developing the proposed and
final rules, public comments submitted for the rule, and EPA's
responses to public comments received on the proposed rule.

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

    TSCA section 5(a)(2) (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 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)).

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 rule.
Provisions relating to user fees appear at 40 CFR part 700. According
to 40 CFR 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). 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 must either determine that the use is not likely to present
an unreasonable risk of injury under the conditions of use for the
chemical substance or take such regulatory action as is associated with
an alternative determination before the manufacture or processing for
the significant new use can commence. In the case of a determination
other than not likely to present unreasonable risk, the applicable
review period must also expire before manufacturing or processing for
the new use may commence. If EPA determines that the 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

    When the Agency issues an Order under TSCA section 5(e), section
5(f)(4) requires that the Agency consider whether to promulgate a SNUR
for any use not conforming to the restrictions of the Order or publish
a statement describing the reasons for not initiating the rulemaking.
TSCA section 5(a)(2) 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 determining 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. Public Comments on Proposed Rule and EPA Responses

    EPA received public comments from three entities on the proposed
rule. The Agency's responses are described in a separate Response to
Public Comments document that is available in the docket for this rule.
As described in the Response to Public Comments document, EPA made a
minor change to the final rule to be consistent with the requirements
of the TSCA Section 5(e) Order for P-17-257 (40 CFR 721.11179).

V. Substances Subject to This Rule

    EPA is establishing significant new use and recordkeeping
requirements for 28 chemical substances in 40 CFR part 721, subpart E.
In Unit IV. of the original direct final SNUR of October 10, 2018 (83
FR 50838), EPA provides the following information for each chemical
substance:
     PMN number.
     Chemical name (generic name, if the specific name is
claimed as CBI).
     Chemical Abstracts Service (CAS) Registry number (if
assigned for non-confidential chemical identities).
     Basis for the TSCA section 5(e) Order.
     Potentially Useful Information. This is information
identified by EPA that would help characterize the potential health
and/or environmental effects of the chemical substance in support of a
request by the PMN submitter to modify the Order, or if a manufacturer
or processor is considering submitting a SNUN for a significant new use
designated by the SNUR.
     CFR citation assigned in the regulatory text section of
this rule.
    The regulatory text section of each rule specifies the activities
designated as significant new uses. Certain new uses, including
exceedance of production volume limits (i.e., limits on manufacture
volume) and other uses designated in this rule, may be claimed as CBI.
Unit IX. discusses a procedure companies may use to ascertain whether a
proposed use constitutes a significant new use.
    These final rules include 28 PMN substances that are subject to
orders issued under TSCA section 5(e)(1)(A), as required by the
determinations made under TSCA section 5(a)(3)(B). Those Orders require
protective measures to limit exposures or otherwise mitigate the
potential unreasonable risk. The proposed SNURs would identify as
significant new uses any manufacturing, processing, use, distribution
in commerce, or disposal that does not conform to the restrictions
imposed by the underlying Orders, consistent with TSCA section 5(f)(4).

VI. Rationale and Objectives of the Rule

A. Rationale

    During review of the PMNs submitted for the chemical substances
that are subject to these SNURs, EPA concluded that regulation was
warranted under TSCA section 5(e), pending the development of
information sufficient to make reasoned evaluations of the health or
environmental effects of the chemical substances. The basis for such
findings is outlined in Unit IV. of the original direct final SNUR of
October 10, 2018 (83 FR 50838). Based on these findings, TSCA section
5(e) Orders requiring the use of appropriate exposure controls were
negotiated with the PMN submitters. As a general matter, EPA believes
it is necessary to follow TSCA section 5(e) Orders with a SNUR that
identifies the absence of those protective measures as Significant New
Uses to ensure that all manufacturers and processors--not just the
original submitter--are held to the same standard.

B. Objectives

    EPA is issuing these SNURs because the Agency wants:
     To identify as significant new uses any manufacturing,
processing, use, distribution in commerce, or disposal that does not
conform to the restrictions imposed by the underlying Orders,
consistent with TSCA section 5(f)(4).
     To receive notice of any person's intent to manufacture or
process a listed chemical substance for the described significant new
use before that activity begins.
     To have an opportunity to review and evaluate data
submitted in a SNUN before the notice submitter begins manufacturing or
processing a listed chemical substance for the described significant
new use.
     To 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
http://www.epa.gov/opptintr/existingchemicals/pubs/tscainventory/index.html.

VII. Applicability of the Significant New Use Designation

    To establish a significant new use, EPA must determine that the use
is not ongoing. The chemical substances subject to this 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 a NOC has not been submitted, EPA concludes that the designated
significant new uses are not ongoing.
    When chemical substances identified in this rule are 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. However, TSCA section 5(e) Orders have been issued
for all the chemical substances, and the PMN submitters are prohibited
by the TSCA section 5(e) Orders from undertaking activities which will
be designated as significant new uses. The identities of 27 chemical
substances subject to this rule have been claimed as confidential for a
chemical substance covered by this action. 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 rule are ongoing.
    Furthermore, EPA designated October 10, 2018 (the date of public
release of the proposed and direct final rules) as the cutoff date for
determining whether the new use is ongoing. 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 final
rule.
    In the unlikely event that a person began commercial manufacture or
processing of the chemical substances for a significant new use
identified as of October 10, 2018, that person will have to cease any
such activity upon the effective date of the final rule. To resume
their activities, these persons will have to first comply with all
applicable SNUR notification requirements and wait until EPA has
conducted a review of the notice, made an appropriate determination on
the notice, and has taken such actions as are required with that
determination.

VIII. 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: If a person is required to
submit information for a chemical substance pursuant to a rule, Order
or consent agreement under TSCA section 4 (15 U.S.C. 2603), then TSCA
section 5(b)(1)(A) (15 U.S.C. 2604(b)(1)(A)) requires such information
to be submitted to EPA at the time of submission of the SNUN.
    In the absence of a rule, Order, or consent agreement under TSCA
section 4 covering the chemical substance, persons are required only to
submit information in their possession or control and to describe any
other information known to them or reasonably ascertainable (see 40 CFR
720.50). However, upon review of PMNs and SNUNs, the Agency has the
authority to require appropriate testing under 40 CFR part 721, subpart
E. Unit IV. of the original direct final SNUR (83 FR 50838) lists
potentially useful information for all SNURs listed here. Descriptions
of this information is provided for informational purposes. The
potentially useful information identified in Unit IV. of the original
direct final rule will inform EPA's evaluation in the event that
someone submits a SNUN for the significant new use. Companies who are
considering submitting a SNUN are encouraged, but not required, to
develop the information on the substance. EPA strongly encourages
persons, before performing any testing, to consult with the Agency.
Furthermore, pursuant to TSCA section 4(h), which pertains to reduction
of testing on vertebrate animals, EPA encourages consultation with the
Agency on the use of alternative test methods and strategies (also
called New Approach Methodologies, or NAMs), if available, to generate
the recommended test data. EPA encourages dialogue with Agency
representatives to help determine how best the submitter can meet both
the data needs and the objective of TSCA section 4(h).
    In some of the TSCA section 5(e) Orders for the chemical substances
regulated under this rule, EPA has established production volume limits
in view of the lack of data on the potential health and environmental
risks that may be posed by the significant new uses or increased
exposure to the chemical substances. These limits cannot be exceeded
unless the PMN submitter first submits the results of specified tests
that would permit a reasoned evaluation of the potential risks posed by
these chemical substances. The SNURs contain the same production volume
limits as the TSCA section 5(e) Orders. Exceeding these production
limits is defined as a significant new use. Persons who intend to
exceed the production limit must notify the Agency by submitting a SNUN
at least 90 days in advance of commencement of non-exempt commercial
manufacture or processing.
    Any request by EPA for the triggered and pended testing described
in the Orders was made based on EPA's consideration of available
screening-level data, if any, as well as other available information on
appropriate testing for the PMN substances. Further, any such testing
request on the part of EPA that includes testing on vertebrates was
made after consideration of available toxicity information,
computational toxicology and bioinformatics, and high-throughput
screening methods and their prediction models.
    The potentially useful information identified in Unit IV. of the
original direct final SNUR of October 10, 2018 (83 FR 50838) may not be
the only means of addressing the potential risks of the chemical
substance. However, submitting a SNUN without any test data or other
information may increase the likelihood that EPA will take action under
TSCA section 5(e) or 5(f). 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 which provide detailed information on the following:
     Human exposure and environmental release that may result
from the significant new use of the chemical substances.
     Information on risks posed by the chemical substances
compared to risks posed by potential substitutes.

IX. Procedural Determinations

    By this rule, EPA is establishing certain significant new uses
which have been claimed as CBI subject to Agency confidentiality
regulations at 40 CFR part 2 and 40 CFR part 720, subpart E. Absent a
final determination or other disposition of the confidentiality claim
under 40 CFR part 2 procedures, EPA is required to keep this
information confidential. The EPA procedure to deal with the situation
where a specific significant new use is CBI is in 721.1725(b)(1).
    Under these procedures a manufacturer or processor may request EPA
to determine whether a proposed use would be a significant new use
under the rule. The manufacturer or processor must show that it has a
bona fide intent to manufacture or process the chemical substance and
must identify the specific use for which it intends to

manufacture or process the chemical substance. If EPA concludes that
the person has shown a bona fide intent to manufacture or process the
chemical substance, EPA will tell the person whether the use identified
in the bona fide submission would be a significant new use under the
rule. Since most of the chemical identities of the chemical substances
subject to these SNURs are also CBI, manufacturers and processors can
combine the bona fide submission under the procedure in 40 CFR
721.1725(b)(1) with that under 40 CFR 721.11 into a single step.
    If EPA determines that the use identified in the bona fide
submission would not be a significant new use, i.e., the use does not
meet the criteria specified in the rule for a significant new use, that
person can manufacture or process the chemical substance so long as the
significant new use trigger is not met. In the case of a production
volume trigger, this means that the aggregate annual production volume
does not exceed that identified in the bona fide submission to EPA.
Because of confidentiality concerns, EPA does not typically disclose
the actual production volume that constitutes the use trigger. Thus, if
the person later intends to exceed that volume, a new bona fide
submission would be necessary to determine whether that higher volume
would be a significant new use.

X. SNUN Submissions

    According to 40 CFR 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 http://www.epa.gov/opptintr/newchems.

XI. Economic Analysis

    EPA has evaluated the potential costs of establishing SNUN
requirements for potential manufacturers and processors of the chemical
substances subject to this rule. EPA's complete economic analysis is
available in the docket under docket ID number EPA-HQ-OPPT-2018-0649.

XII. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders
can be found at https://www.epa.gov/laws-regulations-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulations and Regulatory Review

    This action establishes SNURs for several new chemical substances
that were the subject of PMNs and TSCA section 5(e) Orders. The Office
of Management and Budget (OMB) has exempted these types of actions from
review under Executive Orders 12866 (58 FR 51735, October 4, 1993) and
13563 (76 FR 3821, January 21, 2011).

B. Paperwork Reduction Act (PRA)

    According to the 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 the 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. EPA is amending the table in 40 CFR part 9 to list
the OMB approval number for the information collection requirements
contained in this action. This listing of the OMB control numbers and
their subsequent codification in the CFR satisfies the display
requirements of PRA and OMB's implementing regulations at 5 CFR part
1320. This Information Collection Request (ICR) was previously subject
to public notice and comment prior to OMB approval, and given the
technical nature of the table, EPA finds that further notice and
comment to amend it is unnecessary. As a result, EPA finds that there
is ``good cause'' under section 553(b)(3)(B) of the Administrative
Procedure Act (5 U.S.C. 553(b)(3)(B)) to amend this table without
further notice and comment.
    The information collection activities in this action have already
been approved by OMB pursuant to the PRA under OMB control number 2070-
0012 (EPA ICR No. 574). This action does 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 using
automated collection techniques, to the Director, Regulatory Support
Division, Office of Mission Support (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)

    Pursuant to RFA section 605(b) (5 U.S.C. 601 et seq.), the Agency
hereby certifies that promulgation of this SNUR will not have a
significant adverse economic impact on a substantial number of small
entities. The requirement to submit a SNUN applies to any person
(including small or large entities) who intends to engage in any
activity described in the final rule as a ``significant new use.''
Because these uses are ``new,'' based on all information currently
available to EPA, it appears that no small or large entities presently
engage in such activities. A SNUR requires that any person who intends
to engage in such activity in the future must first notify EPA by
submitting a SNUN. EPA's experience to date is that, in response to the
promulgation of SNURs covering over 1,000 chemicals, the Agency
receives only a small number of notices per year. For example, the
number of SNUNs received was seven in Federal fiscal year (FY) 2013, 13
in FY2014, six in FY2015, 10 in FY2016, 14 in FY2017, and 18 in FY2018
and only a fraction of these were from small businesses. In addition,
the Agency currently offers relief to qualifying small businesses by
reducing the SNUN submission fee from $16,000 to $2,800. This lower fee
reduces the total reporting and recordkeeping of cost of submitting a
SNUN to about $10,116 for qualifying small firms. Therefore, the
potential economic impacts of complying with this SNUR are not expected
to be significant or adversely impact a substantial number of small
entities. In a SNUR that published in the Federal Register of June 2,
1997 (62 FR 29684) (FRL-5597-1), the Agency presented its general
determination that 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 (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 will be impacted by this action. As
such, EPA has determined that this action does 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: 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 (64 FR 43255,
August 10, 1999).

F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    This action does not have Tribal implications because it is not
expected to have substantial direct effects on Indian Tribes. This
action does not significantly nor uniquely affect the communities of
Indian Tribal governments, nor does it involve or impose any
requirements that affect Indian Tribes. Accordingly, the requirements
of Executive Order 13175 (65 FR 67249, November 9, 2000), do not apply
to this action.

G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks

    This action is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997), because this is not an economically significant
regulatory action as defined by Executive Order 12866, and this action
does not address environmental health or safety risks
disproportionately affecting children.

H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use

    This action is not subject to Executive Order 13211 (66 FR 28355,
May 22, 2001), because this action is not expected to affect energy
supply, distribution, or use and because this action is not a
significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act (NTTAA)

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

J. Executive Order 12898: 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 (59 FR
7629, February 16, 1994).

XIII. Congressional Review Act (CRA)

    Pursuant to the CRA (5 U.S.C. 801 et seq.), EPA will submit a
report containing this rule and other required information to the U.S.
Senate, the U.S. House of Representatives, and the Comptroller General
of the United States prior to publication of the rule in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).

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: November 13, 2019.
Tala Henry,
Deputy Director, Office of Pollution Prevention and Toxics.
    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, 348; 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, add entries for Sec. Sec.  721.11174 through 721.11181
in numerical order under the undesignated center heading ``Significant
New Uses of Chemical Substances'' to read as follows:

Sec.  9.1  OMB approvals under the Paperwork Reduction Act.

* * * * *

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

                                * * * * *
------------------------------------------------------------------------
               Significant New Uses of Chemical Substances
------------------------------------------------------------------------

                                * * * * *
------------------------------------------------------------------------
721.11174...............................................       2070-0012
721.11175...............................................       2070-0012
721.11176...............................................       2070-0012
721.11177...............................................       2070-0012
721.11178...............................................       2070-0012
721.11179...............................................       2070-0012
721.11180...............................................       2070-0012
721.11181...............................................       2070-0012

                                * * * * *
------------------------------------------------------------------------

* * * * *

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. Add Sec. Sec.  721.11174 through 721.11181 to subpart E to read as
follows:

Subpart E--Significant New Uses For Specific Chemical Substances

Sec.
* * * * *
721.11174 Silane-treated aluminosilicate (generic).
721.11175 Heteropolycycliccarboxylic acid, 1,3-dihydro-
disubstituted-, polymer with 1,1'-methylenebis[4-isocyanatobenzene],
reaction products with silica (generic).
721.11176 Carbonic acid, alkyl carbomonocyclic ester (generic).
721.11177 1,3-Propanediol, 2-ethyl-2-(hydroxymethyl)-, polymer with
2-(chloromethyl)oxirane, reaction products with polyethylene-
polypropylene glycol 2-aminopropyl Me ether.
721.11178 Copolyamide of an aromatic dicarboxylic acid and a mixture
of diamines (generic).
721.11179 Single-walled carbon nanotubes (generic).
721.11180 Arenesulfonic acid, alkyl derivatives, metal salts
(generic).
721.11181 Heteromonocycle, 2-[(bicarbomonocycle-2-
substituted)alkyl]- (generic).
* * * * *

Sec.  721.11174  Silane-treated aluminosilicate (generic).

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substances identified generically as
silane-treated aluminosilicate (PMNs P-16-194, P-16-195, P-16-196, P-
16-197, P-16-198, P-16-199, P-16-460, P-16-461, P-16-

462, P-16-463, P-16-464, P-18-193, P-18-194, P-18-195, P-18-196, P-19-
124, P-19-125, P-19-126, P-19-127, P-19-128, and P-19-129) are subject
to reporting under this section for the significant new uses described
in paragraph (a)(2) of this section. The requirements of this section
do not apply to quantities of the substances after they have been
completely incorporated into a polymer matrix.
    (2) The significant new uses are:
    (i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(4), (5) (respirators must provide a National Institute for
Occupational Safety and Health assigned protection factor of at least
50) and (6) (particulate), (b) (concentration set at 0.1%), and (c).
When determining which persons are reasonably likely to be exposed as
required for Sec.  721.63(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.
    (ii) Hazard communication. Requirements as specified in Sec.
721.72(a) through (e) (concentration set at 0.1%), (f), (g)(1)(ii)
through (ix), (2)(i) through (v), and (5). Alternative hazard and
warning statements that meet the criteria of the Globally Harmonized
System and OSHA Hazard Communication Standard may be used.
    (iii) Industrial, commercial, and consumer activities. It is a
significant new use to manufacture the substances without sampling and
analyzing the immediate precursor used to manufacture the substances
according to the terms specified in the TSCA section 5(e) Order for the
following elements: Arsenic, barium, beryllium, cadmium, chromium,
cobalt, copper, lead, manganese, mercury, nickel, selenium, silver,
vanadium, and zinc. It is a significant new use to manufacture the
substances at facilities other than those equipped with pollution
controls, such as a bag house, that remove particulates from the air at
99% or greater efficiency. It is a significant new use to process the
substances other than in an enclosed system that does not allow for the
release of particulates or at facilities equipped with pollution
controls, such as a bag house, that remove particulates from the air at
99% or greater efficiency.
    (b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (d) and (f) through (i) are applicable to
manufacturers and processors of these substances.
    (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)(iii)
of this section.

Sec.  721.11175  Heteropolycycliccarboxylic acid, 1,3-dihydro-
disubstituted-, polymer with 1,1'-methylenebis[4-isocyanatobenzene],
reaction products with silica (generic).

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
heteropolycycliccarboxylic acid, 1,3-dihydro-disubstituted-, polymer
with 1,1'-methylenebis[4-isocyanatobenzene], reaction products with
silica (PMN P-16-307) is subject to reporting under this section for
the significant new uses described in paragraph (a)(2) of this section.
The requirements of this section do not apply to quantities of the
substance after they have been reacted (cured).
    (2) The significant new uses are:
    (i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1), (2)(i) through (iii), (3) and (6) (particulate), (b)
(concentration set at 1.0%), and (c). When determining which persons
are reasonably likely to be exposed as required for Sec.  721.63(a)(1),
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.
    (ii) Hazard communication. Requirements as specified in Sec.
721.72(a) through (e)(concentration set at 1.0%), (f), (g)(1)(i) and
(ii), (2)(i) through (iii) and (v), and (5). Alternative hazard and
warning statements that meet the criteria of the Globally Harmonized
System and OSHA Hazard Communication Standard may be used.
    (iii) Industrial, commercial, and consumer activities. It is a
significant new use to manufacture, process, or use the substance for
consumer use or for commercial uses that could introduce the substance
into a consumer setting. It is a significant new use to manufacture,
process, or use the substance other than in a liquid formulation. It is
a significant new use to manufacture the PMN substance to contain more
than 0.1% residual isocyanate by weight. It is a significant new use to
manufacture, process, or use the substance in any manner that results
in generation of a vapor, dust, mist or aerosol.
    (b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (i) 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.

Sec.  721.11176  Carbonic acid, alkyl carbomonocyclic ester (generic).

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
carbonic acid, alkyl carbomonocyclic ester (PMN P-17-176) 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), (2)(i) and (iv), (3), (6)(v) and(vi), (particulate), (b)
(concentration set at 1.0%), and (c). When determining which persons
are reasonably likely to be exposed as required for Sec.  721.63(a)(1),
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.
    (ii) Hazard communication. Requirements as specified in Sec.
721.72(a) through (e) (concentration set at 1.0%), (f), (g)(1)(iv),
(v), (vi) and (ix), (2)(i) and (v), (3)(i) and (ii), (4) (do not
release to water above 45 parts per billion), and (5). Alternative
hazard and warning statements that meet the criteria of the Globally
Harmonized System and OSHA Hazard Communication Standard may be used.
    (iii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec.  721.80(f). It is a significant new use to
manufacture the chemical substance more than 3 years.
    (iv) Release to water. Release to water requirements as specified
in Sec.  721.90(a)(4), (b)(4), and (c)(4) where N = 45.
    (b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).

    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (i), (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.

Sec.  721.11177  1,3-Propanediol, 2-ethyl-2-(hydroxymethyl)-, polymer
with 2-(chloromethyl)oxirane, reaction products with polyethylene-
polypropylene glycol 2-aminopropyl Me ether.

    (a) Chemical substance and significant new used subject to
reporting. (1) The chemical substance identified as 1,3-propanediol, 2-
ethyl-2-(hydroxymethyl)-, polymer with 2-(chloromethyl)oxirane,
reaction products with polyethylene-polypropylene glycol 2-aminopropyl
Me ether (PMN P-17-183, CAS No 1627528-04-4) is subject to reporting
under this section for the significant new uses described in paragraph
(a)(2) of this section. The requirements of this section do not apply
to quantities of the substance after they have been reacted (cured).
    (2) The significant new uses are:
    (i) Hazard communication. Requirements as specified in Sec.
721.72(a) through (e) (concentration set at 1.0%), (f), (g)(1)(ii),
(2)(ii), and (5). Alternative hazard and warning statements that meet
the criteria of the Globally Harmonized System and OSHA Hazard
Communication Standard may be used.
    (ii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec.  721.80(f), (k), and (o). It is a significant new
use to process or use the substance in any manner way that results in
generation of a vapor, dust, mist or aerosol.
    (b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (c) and (f) through (i) 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.

Sec.  721.11178  Copolyamide of an aromatic dicarboxylic acid and a
mixture of diamines (generic).

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
copolyamide of an aromatic dicarboxylic acid and a mixture of diamines
(PMN P-17-232) 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) Industrial, commercial, and consumer activities. It is a
significant new use to manufacture the substance with a particle size
less than 10 microns.
    (ii) [Reserved]
    (b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (c) and (i) 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.

Sec.  721.11179  Single-walled carbon nanotubes (generic).

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as single-
walled carbon nanotubes (PMN P-17-257) is subject to reporting under
this section for the significant new uses described in paragraph (a)(2)
of this section. The requirements of this section do not apply to
quantities of the substance that have been embedded or incorporated
into a polymer matrix that itself has been reacted (cured); embedded in
a permanent solid polymer form that is not intended to undergo further
processing, except mechanical processing; or incorporated into an
article as defined at 40 CFR 720.3(c).
    (2) The significant new uses are:
    (i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1), (2)(i), (3), (4), (5) (respirators must provide a
National Institute for Occupational Safety and Health assigned
protection factor of at least 50), and (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.
    (ii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec.  721.80(f) and (k). It is a significant new use to
manufacture the chemical substance more than 6 months. It is a
significant new use to process or use the substance for non-industrial
use except for the confidential non-industrial use described in the
TSCA section 5(e) Order. It is a significant new use to use an
application method that generates a vapor, dust, mist or aerosol unless
the application method occurs in an enclosed process.
    (iii) Disposal. Requirements as specified in Sec.  721.85(a)(1),
(a)(2), (b)(1) and (2), and (c)(1) and (2).
    (iv) Release to water. Requirements as specified in Sec.
721.90(a)(1), (b)(1), and (c)(1).
    (b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (e) and (j) through (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)(iii)
of this section.

Sec.  721.11180  Arenesulfonic acid, alkyl derivatives, metal salts
(generic).

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
arenesulfonic acid, alkyl derivatives, metal salts (PMN P-17-283) 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), (2)(i) and (iii) and (3), (b)(concentration set at 1.0%),
and (c). When determining which persons are reasonably likely to be
exposed as required for Sec.  721.63(a)(1), 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.
    (ii) Hazard communication. Requirements as specified in Sec.
721.72(a) through (e) (concentration set at 1.0%), (f), (g)(1) ((skin
sensitization), (eye irritation), (lung effects), (skin corrosion)),
(2)(i), (iii) and (v), and (5). Alternative hazard and warning
statements that meet the criteria of the Globally Harmonized System and
OSHA Hazard Communication Standard may be used.

    (iii) Industrial, commercial, and consumer activities. It is a
significant new use to manufacture the chemical substance more than 6
months. It is a significant new use to manufacture, process or use the
substance in any manner way that results in generation of a vapor,
mist, spray, or aerosol.
    (b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (i) are applicable to manufacturers and processors
of this substance.
    (2) Limitations or revocation of certain notification requirements.
The provision of Sec.  721.185 apply to this section.

Sec.  721.11181  Heteromonocycle, 2-[(bicarbomonocycle-2-
substituted)alkyl]- (generic).

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
heteromonocycle, 2-[(bicarbomonocycle-2-substituted)alkyl]- (PMN P-17-
353) is subject to reporting under this section for the significant new
uses described in paragraph (a)(2) of this section. The requirements of
this section do not apply to quantities of the substance after they
have been reacted (cured).
    (2) The significant new uses are:
    (i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1), (2)(i) through (iv) and (3), (b) (concentration set at
0.1%), and (c). When determining which persons are reasonably likely to
be exposed as required for Sec.  721.63(a)(1), 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.
    (ii) Hazard communication. Requirements as specified in Sec.
721.72(a) through (e) (concentration set at 0.1%), (f), (g)(1), (vi),
(vii), and (ix) ((mutagenicity) (eye, skin, lung, and mucous membrane
irritation) (skin and lung sensitization)), (2)(i) through (iii) and
(v) (avoid workplace airborne concentrations), (3)(i) and (ii),
(4)(iii), and (5). Alternative hazard and warning statements that meet
the criteria of the Globally Harmonized System and OSHA Hazard
Communication Standard may be used.
    (iii) Industrial, commercial, and consumer activities: Requirements
as specified in Sec.  721.80(f) and (k). It is a significant new use to
process or use the substance in any manner that generates a vapor,
spray, mist, or aerosol.
    (iv) Release to water. Requirements as specified in Sec.
721.90(b)(1) and (c)(1).
    (b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (i) 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)(iii)
of this section.

[FR Doc. 2019-26225 Filed 12-4-19; 8:45 am]
 BILLING CODE 6560-50-P