[Federal Register Volume 86, Number 178 (Friday, September 17, 2021)]
[Proposed Rules]
[Pages 51845-51848]
[FR Doc No: 2021-20105]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2021-0661]
RIN 1625-AA11

Regulated Navigation Area; Offshore, Cape Canaveral, Florida

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to replace the existing safety
zone in Captain of the Port Zone Jacksonville, Offshore Cape Canaveral,
Florida with a regulated navigation area (RNA). The existing safety
zone is composed of four large regulated areas and was established in
2009 with the intent of protecting vessels from risks posed from
rockets launching from facilities on Cape Canaveral. Changes in the
type and size of launch vehicles, rocket component recovery methods,
and the increased frequency of launches pose variable risks to marine
traffic and require a more flexible regulatory tool. The proposed RNA
would encompass all waters within typical rocket flight trajectories
originating from launch complexes on and around Cape Canaveral, FL and
out to 12 nautical miles. We invite your comments on this proposed
rulemaking.

DATES: Comments and related material must be received by the Coast
Guard on or before October 18, 2021.

ADDRESSES: You may submit comments identified by docket number USCG-
2021-0661 using the Federal Decision Making Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Mr. A. Eugene Stratton, Seventh
District, Waterways Management Branch (DPW), U.S. Coast Guard;
telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    The Coast Guard is proposing to replace the existing safety zone in
33 CFR 165.775 titled ``Safety Zone; Captain of the Port Zone
Jacksonville; Offshore Cape Canaveral, Florida'' with a regulated
navigation area (RNA). The existing safety zone is composed of four
large regulated areas and was established in 2009 with the intent of
protecting marine traffic from the hazards associated with the
launching of space vehicles, to expedite notification to the public,
and to reduce the administrative workload of the Coast Guard. Changes
in the type and size of launch vehicles, rocket component recovery
methods, and the increased frequency of launches pose variable risks to
marine traffic and require a more flexible regulatory tool. The
proposed RNA would encompass all waters within typical rocket flight
trajectories originating from launch complexes on and around Cape
Canaveral, FL and out to 12 nautical miles. We invite your comments on
this proposed rulemaking.
    The Coast Guard proposes this rulemaking under authority in 46
U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5, and
Department of Homeland Security Delegation No. 00170.1, Revision No.
01.2.

III. Discussion of Proposed Rule

    The Seventh Coast Guard District Commander is proposing to replace
the existing Offshore Cape Canaveral Safety Zone in 33 CFR 165.775,
with a RNA. Prior to the safety zone that was established in 2009, the
Captain of the Port (COTP) Jacksonville issued temporary federal
regulations for each rocket launch from Cape Canaveral Air Force
Station, now called Cape Canaveral Space Force Station. At the time,
12-15 launches a year was typical. The four ``zones'' were based on
historical and projected launch azimuth data and designed in
collaboration with the U.S. Air Force, 45th Space Wing Range Operations
and Safety Departments and U.S. Coast Guard Space Transportation
Systems program office in Port Canaveral, FL.
    Contemporary flight analyses models and risk assessments are more
advanced and require a far smaller hazard area for typical launches
than the four ``zones''

established in the Offshore Cape Canaveral Safety Zone of 2009. For
most launches originating from Cape Canaveral, the existing safety
zones are far too large and enforcement of them may unnecessarily
restrict vessel traffic.
    Rocket launch activity has doubled since 2009. In 2020 the 45th
Space Wing (now designated as Space Launch Delta 45 under the U.S.
Space Force) launched 39 missions which required 20 activations of the
2009 safety zone. The type, configuration, and mission profile of
contemporary governmental and commercial rockets adds additional
variability to risk assessments and requires a more adaptable
regulatory tool.
    A Safety Zone, as defined in 33 CFR 165.20, is intended to limit
access to a hazardous area to authorized persons, vehicles, or vessels.
Given the rapidly changing nature of space launch operations in the
area, an RNA, as defined in 33 CFR 165.11, which allows the control of
vessel traffic with more flexibility and expediency, is the more
appropriate regulatory tool.
    This RNA is not meant to replace, alter, or conflict with Coast
Guard security zones as described in 33 CFR 165.701, Vicinity, Kennedy
Space Center, Merritt Island, FL; or 33 CFR 165.705, Port Canaveral
Harbor, Cape Canaveral Air Force Station, FL. The regulatory text we
are proposing appears at the end of this document.
    We propose the following area to be a RNA: All waters offshore Cape
Canaveral from surface to bottom, encompassed by a line connecting the
following points beginning with Point 1 at 28[deg]48'54'' N,
80[deg]28'40'' W; thence southwest to Point 2 at 28[deg]43'20'' N,
80[deg]41' W; thence south along the shoreline to Point 3 at
28[deg]26'40'' N, 80[deg]32'49'' W; thence continuing south offshore to
Point 4 at 28[deg]10' N, 80[deg]23'20'' W; thence east Point 5 at
28[deg]10' N, 80[deg]21'13'' W; thence north along the 12 nautical mile
line back to Point 1. Coordinates are in WGS 1984. These coordinates
are based on the furthest north and south trajectories of typical
rocket launch vehicles originating from Cape Canaveral. In addition,
there are five typical launch exclusion areas that cover the majority
of rocket launches. We list the coordinates and locations of the five
typical launch exclusion areas in the regulatory text.
    When the RNA is deemed activated, the COTP or a designated
representive would be able to restrict vessel movement including but
not limited to transiting, anchoring, or mooring within this RNA to
protect vessels from hazards associated with rocket launches. These
restrictions are temporary in nature and would only be enacted and
enforced prior to and just after a successful launch. The COTP would be
able to activate any single area, a combination of areas, or establish
ad hoc areas within the RNA boundary area as warranted by the specific
risks posed by individual launches.
    The COTP would inform the public of the activation or status of the
RNA by Broadcast Notice to Mariners on VHF-FM channel 16, Public Notice
of Enforcement, on-scene presence, and by the display of a yellow ball
from a 90-foot pole near the shoreline.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes
and Executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes and Executive orders, and
we discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This NPRM has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, the NPRM
has not been reviewed by the Office of Management and Budget (OMB).
    The RNA will operate in a similar way to the existing safety zone,
but will reduce the size of exclusionary areas for each typical rocket
launch. We expect the economic impact of this rule to be so minimal
that a full regulatory evaluation is unnecessary. The RNA will only be
activated a reasonable time before a launch and deactivated once the
area is no longer hazardous.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
    The total time of the RNA activation and thus restriction to the
public is expected to be approximately one hour per launch. Vessels
would be able to transit around the activated RNA locations during
these launches. We do not anticipate any significant economic impact
resulting from activation of the RNA.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please call or email the person listed in the FOR FURTHER INFORMATION
CONTACT section. The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.

C. Collection of Information

    This proposed rule would not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132
(Federalism), if it has a substantial direct effect on the 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. We have analyzed this proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this proposed rule does not have tribal implications under
Executive Order 13175 (Consultation and Coordination with Indian Tribal
Governments) because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this proposed rule has implications for federalism or
Indian tribes, please call or email the person

listed in the FOR FURTHER INFORMATION CONTACT section.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01, Rev. 1, associated implementing
instructions, and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made
a preliminary determination that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This proposed rule involves the
activation of a regulated navigation area with exclusionary zones
smaller than the existing safety zones. The activation of the RNA is
expected to be an hour total. Normally such actions are categorically
excluded from further review under paragraph L60a of Appendix A, Table
1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A preliminary Record
of Environmental Consideration supporting this determination is
available in the docket. For instructions on locating the docket, see
the ADDRESSES section of this preamble. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this proposed rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places, or vessels.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
    Submitting comments. We encourage you to submit comments through
the Federal Decision Making Portal at https://www.regulations.gov. To
do so, go to https://www.regulations.gov, type USCG-2021-0661 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule for alternate
instructions.
    Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the https://www.regulations.gov Frequently Asked
Questions web page. We review all comments received, but we will only
post comments that address the topic of the proposed rule. We may
choose not to post off-topic, inappropriate, or duplicate comments that
we receive.
    Personal information. We accept anonymous comments. Comments we
post to https://www.regulations.gov will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.2.

0
2. Revise Sec.  165.775 to read as follows:

Sec.  165.775  Regulated Navigation Area; Launch Area Offshore Cape
Canaveral, FL.

    (a) Location. (1) The following area is a regulated navigation area
(RNA): All waters offshore Cape Canaveral from surface to bottom,
encompassed by a line connecting the following points beginning with
Point 1 at 28[deg]48'54'' N, 80[deg]28'40'' W; thence southwest to
Point 2 at 28[deg]43'20'' N, 80[deg]41' W; thence south along the
shoreline to Point 3 at 28[deg]26'40'' N, 80[deg]32'49'' W; thence
continuing south offshore to Point 4 at 28[deg]10' N, 80[deg]23'20'' W;
thence east Point 5 at 28[deg]10' N, 80[deg]21'13'' W; thence north
along the 12 nautical mile line back to Point 1. Coordinates are in WGS
1984. These coordinates are based on the furthest north and south
trajectories of typical rocket launch vehicles originating from Cape
Canaveral.
    (2) While restrictions may be enforced anywhere within the
boundaries of the RNA, there are five typical launch exclusion areas
that cover the majority of rocket launches. Typical launch hazard areas
include all navigable waters within the following coordinates,
encompassed by a line starting at Point 1 connecting the following
points:
    (i) Northeast Launch Hazard Area:

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

------------------------------------------------------------------------
Point 1......................  28[deg]47'47'' N     080[deg]27'48'' W
Point 2......................  28[deg]42'18'' N     080[deg]34'55'' W
Point 3......................  28[deg]39'13'' N     080[deg]37'49'' W
Point 4......................  28[deg]32'29'' N     080[deg]33'53'' W
Point 5......................  28[deg]34'00'' N     080[deg]29'00'' W
Point 6......................  28[deg]39'43'' N     080[deg]21'57'' W
------------------------------------------------------------------------

    (ii) East Northeast Launch Hazard Area:

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

------------------------------------------------------------------------
Point 1......................  28[deg]43'53'' N     080[deg]24'50'' W
Point 2......................  28[deg]36'10'' N     080[deg]35'20'' W
Point 3......................  28[deg]31'46'' N     080[deg]33'40'' W
Point 4......................  28[deg]34'42'' N     080[deg]28'40'' W
Point 5......................  28[deg]40'45'' N     080[deg]22'28'' W
------------------------------------------------------------------------

    (iii) Large East Launch Hazard Area:

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

------------------------------------------------------------------------
Point 1......................  28[deg]40'32'' N     080[deg]22'21'' W
Point 2......................  28[deg]39'14'' N     080[deg]37'48'' W
Point 3......................  28[deg]27'00'' N     080[deg]31'55'' W
Point 4......................  28[deg]27'35'' N     080[deg]17'48'' W
------------------------------------------------------------------------

    (iv) Small East Launch Hazard Area:

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

------------------------------------------------------------------------
Point 1......................  28[deg]38'28'' N     080[deg]21'24'' W
Point 2......................  28[deg]39'00'' N     080[deg]31'00'' W
Point 3......................  28[deg]38'00'' N     080[deg]36'58'' W
Point 4......................  28[deg]32'00'' N     080[deg]33'45'' W
Point 5......................  28[deg]31'32'' N     080[deg]18'35'' W
------------------------------------------------------------------------

    (v) Southeast Launch Hazard Area:

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

------------------------------------------------------------------------
Point 1......................  28[deg]37'00'' N     080[deg]29'00'' W
Point 2......................  28[deg]35'48'' N     080[deg]34'59'' W

Point 3......................  28[deg]26'40'' N     080[deg]32'49'' W
Point 4......................  28[deg]10'00'' N     080[deg]23'20'' W
Point 5......................  28[deg]10'00'' N     080[deg]21'13'' W
Point 6......................  28[deg]23'10'' N     080[deg]18'41'' W
------------------------------------------------------------------------

    (b) Definitions. The following definitions apply to this section:
    Designated representative means Coast Guard Patrol Commanders
including Coast Guard coxswains, petty officers and other officers
operating Coast Guard vessels, and federal, state, and local officers
designated by or assisting the Captain of the Port (COTP) Jacksonville
in the enforcement of RNAs, safety zones, and security zones.
    (c) Regulations. (1) The COTP or a designated represented may
restrict vessel movement including but not limited to transiting,
anchoring, or mooring within this RNA to protect vessels from hazards
associated with rocket launches. These restrictions are temporary in
nature and will only be enacted and enforced prior to and just after a
successful launch.
    (2) The COTP may activate any single area, a combination of areas,
or establish ad hoc areas within the RNA boundary area as warranted by
the specific risks posed by individual launches.
    (d) Notice of activation of RNA. The COTP will inform the public of
the activation or status of the RNA by Broadcast Notice to Mariners on
VHF-FM channel 16, Public Notice of Enforcement, on-scene presence, and
by the display of a yellow ball from a 90-foot pole near the shoreline
at approximately 28[deg]35'00'' N, 080[deg]34'36'' W and from a 90-foot
pole near the shoreline at approximately 28[deg]55'18'' N,
080[deg]35'00'' W. Coast Guard assets or other Federal, State, or local
law enforcement assets will be clearly identified by lights, markings,
or with agency insignia.
    (e) Contact information. The COTP Jacksonville may be reached by
telephone at<PHONE_NUMBER>. Any on-scene Coast Guard or designated
representative assets may be reached on VHF-FM channel 16.

    Dated: September 13, 2021.
Brendan C. McPherson,
Rear Admiral, Commander, Seventh Coast Guard District.
[FR Doc. 2021-20105 Filed 9-16-21; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 86, Number 127 (Wednesday, July 7, 2021)]
[Notices]
[Pages 35783-35785]
[FR Doc No: 2021-14477]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. IC21-26-000]

Commission Information Collection Activities (FERC-725B); Comment
Request; Extension

AGENCY: Federal Energy Regulatory Commission, Department of Energy.

ACTION: Notice of information collection and request for comments.

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SUMMARY: In compliance with the requirements of the Paperwork Reduction
Act of 1995, the Federal Energy Regulatory Commission (Commission or
FERC) is soliciting public comment on the currently approved
information collection, FERC-725B, (Mandatory Reliability Standards,
Critical Infrastructure Protection (CIP).

DATES: Comments on the collection of information are due September 7,
2021.

ADDRESSES: You may submit copies of your comments (identified by Docket
No. IC21-26-000) by one of the following methods:
    Electronic filing through http://www.ferc.gov, is preferred.
     Electronic Filing: Documents must be filed in acceptable
native applications and print-to-PDF, but not in scanned or picture
format.
     For those unable to file electronically, comments may be
filed by USPS mail or by hand (including courier) delivery:
    [cir] Mail via U.S. Postal Service Only: Addressed to: Federal
Energy Regulatory Commission, Secretary of the Commission, 888 First
Street NE, Washington, DC 20426.
    [cir] Hand (Including Courier) Delivery: Deliver to: Federal Energy
Regulatory Commission, 12225 Wilkins Avenue, Rockville, MD 20852.
    Instructions: All submissions must be formatted and filed in
accordance with submission guidelines at: http://www.ferc.gov. For user
assistance, contact FERC Online Support by email at
<EMAIL_ADDRESS>or by phone at<PHONE_NUMBER> (toll-free).
    Docket: Users interested in receiving automatic notification of
activity in this docket or in viewing/downloading comments and
issuances in this docket may do so at http://www.ferc.gov.

FOR FURTHER INFORMATION CONTACT: Ellen Brown may be reached by email at
<EMAIL_ADDRESS>telephone at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:
    Title: FERC-725B (Mandatory Reliability Standards, Critical
Infrastructure Protection (CIP)).
    OMB Control No.: 1902-0248.
    Type of Request: Three-year extension of the FERC-725B information
collection requirements with no changes to the reporting requirements.
    Abstract: On August 8, 2005, Congress enacted the Energy Policy Act
of 2005.\1\ The Energy Policy Act of 2005 added a new section 215 to
the FPA,\2\ which requires a Commission-certified Electric Reliability
Organization to develop mandatory and enforceable Reliability
Standards,\3\ including requirements for cybersecurity protection,
which are subject to Commission review and approval. Once approved, the
Reliability Standards may be enforced by the Electric Reliability
Organization subject to Commission oversight, or the Commission can
independently enforce Reliability Standards.
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    \1\ Energy Policy Act of 2005, Public Law 109-58, sec. 1261 et
seq., 119 Stat. 594 (2005).
    \2\ 16 U.S.C. 824o.
    \3\ FPA section 215 defines Reliability Standard as a
requirement, approved by the Commission, to provide for reliable
operation of existing bulk-power system facilities, including
cybersecurity protection, and the design of planned additions or
modifications to such facilities to the extent necessary to provide
for reliable operation of the Bulk-Power System. However, the term
does not include any requirement to enlarge such facilities or to
construct new transmission capacity or generation capacity. Id. at
824o(a)(3).
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    On February 3, 2006, the Commission issued Order No. 672,\4\
implementing FPA section 215. The Commission subsequently certified
NERC as the Electric Reliability Organization. The Reliability
Standards developed by NERC become mandatory and enforceable after
Commission approval and apply to users, owners, and operators of the
Bulk-Power System, as set forth in each Reliability Standard.\5\ The
CIP Reliability Standards require entities to comply with specific
requirements to safeguard critical cyber assets. These standards are
results-based and do not specify a technology or method to achieve
compliance, instead leaving it up to the entity to decide how best to
comply.
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    \4\ Rules Concerning Certification of the Elec. Reliability
Org.; and Procedures for the Establishment, Approval, and Enf't of
Elec. Reliability Standards, Order No. 672, 71 FR 8661 (Feb. 17,
2006), 114 FERC ] 61,104, order on reh'g, Order No. 672-A, 71 FR
19814 (Apr. 28, 2006), 114 FERC ] 61,328 (2006).
    \5\ NERC uses the term ``registered entity'' to identify users,
owners, and operators of the Bulk-Power System responsible for
performing specified reliability functions with respect to NERC
Reliability Standards. See, e.g., Version 4 Critical Infrastructure
Protection Reliability Standards, Order No. 761, 77 FR 24594 (Apr.
25, 2012), 139 FERC ] 61,058, at P 46, order denying clarification
and reh'g, 140 FERC ] 61,109 (2012). Within the NERC Reliability
Standards are various subsets of entities responsible for performing
various specified reliability functions. We collectively refer to
these as ``entities.''
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    On January 18, 2008, the Commission issued Order No. 706,\6\
approving the initial eight CIP Reliability Standards, CIP version 1
Standards, submitted by NERC. Subsequently, the Commission has approved
multiple versions of the CIP Reliability Standards submitted by NERC,
partly to address the evolving nature of cyber-related threats to the
Bulk-Power System. On November 22, 2013, the Commission issued Order
No. 791,\7\ approving CIP version 5 Standards, the last major revision
to the CIP Reliability Standards. The CIP version 5 Standards implement
a tiered approach to categorize assets, identifying them as high,
medium, or low risk to the operation of the Bulk Electric System (BES)
\8\ if compromised. High impact systems include large control centers.
Medium impact systems include smaller control centers, ultra-high
voltage transmission, and large substations and generating facilities.

The remainder of the BES Cyber Systems \9\ are categorized as low
impact systems. Most requirements in the CIP Reliability Standards
apply to high and medium impact systems; however, a technical controls
requirement in Reliability standard CIP-003, described below, applies
only to low impact systems. Since 2013, the Commission has approved new
and modified CIP Reliability Standards that address specific issues
such as supply chain risk management, cyber incident reporting,
communications between control centers, and the physical security of
critical transmission facilities.\10\
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    \6\ Order No. 706, 122 FERC ] 61,040 at P 1.
    \7\ Version 5 Critical Infrastructure Protection Reliability
Standards, Order No. 791, 78 FR 72755 (Dec. 13, 2013), 145 FERC ]
61,160 (2013), order on reh'g, Order No. 791-A, 146 FERC ] 61,188
(2014).
    \8\ In general, NERC defines BES to include all Transmission
Elements operated at 100 kV or higher and Real Power and Reactive
Power resources connected at 100 kV or higher. This does not include
facilities used in the local distribution of electric energy. See
NERC, Bulk Electric System Definition Reference Document, Version 3,
at page iii (August 2018). In Order No. 693, the Commission found
that NERC's definition of BES is narrower than the statutory
definition of Bulk-Power System. The Commission decided to rely on
the NERC definition of BES to provide certainty regarding the
applicability of Reliability Standards to specific entities. See
Mandatory Reliability Standards for the Bulk-Power System, Order No.
693, 72 FR 16415 (Apr. 4, 2007), 118 FERC ] 61,218, at PP 75, 79,
491, order on reh'g, Order No. 693-A, 72 FR 49717 (July 25, 2007),
120 FERC ] 61,053 (2007).
    \9\ NERC defines BES Cyber System as ``[o]ne or more BES Cyber
Assets logically grouped by a responsible entity to perform one or
more reliability tasks for a functional entity.'' NERC, Glossary of
Terms Used in NERC Reliability Standards, at 5 (2020), https://www.nerc.com/files/glossary_of_terms.pdf (NERC Glossary of Terms).
NERC defines BES Cyber Asset as A Cyber Asset that if rendered
unavailable, degraded, or misused would, within 15 minutes of its
required operation, mis-operation, or non-operation, adversely
impact one or more Facilities, systems, or equipment, which, if
destroyed, degraded, or otherwise rendered unavailable when needed,
would affect the reliable operation of the Bulk Electric System.
Redundancy of affected Facilities, systems, and equipment shall not
be considered when determining adverse impact. Each BES Cyber Asset
is included in one or more BES Cyber Systems. Id. at 4.
    \10\ See, e.g., Order No. 791, 78 FR 72755; Revised Critical
Infrastructure Protection Reliability Standards, Order No. 822, 81
FR 4177 (Jan. 26, 2016), 154 FERC ] 61,037, reh'g denied, Order No.
822-A, 156 FERC ] 61,052 (2016); Revised Critical Infrastructure
Protection Reliability Standard CIP-003-7--Cyber Security--Security
Management Controls, Order No. 843, 163 FERC ] 61,032 (2018).
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    The CIP Reliability Standards currently consist of 12 standards
specifying a set of requirements that entities must follow to ensure
the cyber and physical security of the Bulk-Power System. There are 12
currently effective cybersecurity standards and one cybersecurity
standard that has been approved by the Commission and will become
enforceable on July 1, 2022. There is also one physical security
standard CIP-002-5.1a Bulk Electric System Cyber System Categorization:
requires entities to identify and categorize BES Cyber Assets for the
application of cyber security requirements commensurate with the
adverse impact that loss, compromise, or misuse of those BES Cyber
Systems could have on the reliable operation of the BES.
     CIP-003-8 Security Management Controls: Requires entities
to specify consistent and sustainable security management controls that
establish responsibility and accountability to protect BES Cyber
Systems against compromise that could lead to mis-operation or
instability in the BES.
     CIP-004-6 Personnel and Training: Requires entities to
minimize the risk against compromise that could lead to mis-operation
or instability in the BES from individuals accessing BES Cyber Systems
by requiring an appropriate level of personnel risk assessment,
training, and security awareness in support of protecting BES Cyber
Systems.
     CIP-005-6 Electronic Security Perimeter(s): Requires
entities to manage electronic access to BES Cyber Systems by specifying
a controlled Electronic Security Perimeter in support of protecting BES
Cyber Systems against compromise that could lead to mis-operation or
instability in the BES.
     CIP-006-6 Physical Security of Bulk Electric System Cyber
Systems: Requires entities to manage physical access to BES Cyber
Systems by specifying a physical security plan in support of protecting
BES Cyber Systems against compromise that could lead to mis-operation
or instability in the BES.
     CIP-007-6 System Security Management: Requires entities to
manage system security by specifying select technical, operational, and
procedural requirements in support of protecting BES Cyber Systems
against compromise that could lead to mis-operation or instability in
the BES.
     CIP-008-6 Incident Reporting and Response Planning:
Requires entities to mitigate the risk to the reliable operation of the
BES as the result of a cybersecurity incident by specifying incident
response requirements.
     CIP-009-6 Recovery Plans for Bulk Electric System Cyber
Systems: Requires entities to recover reliability functions performed
by BES Cyber Systems by specifying recovery plan requirements in
support of the continued stability, operability, and reliability of the
BES.
     CIP-010-3 Configuration Change Management and
Vulnerability Assessments: Requires entities to prevent and detect
unauthorized changes to BES Cyber Systems by specifying configuration
change management and vulnerability assessment requirements in support
of protecting BES Cyber Systems from compromise that could lead to mis-
operation or instability in the BES.
     CIP-011-2 Information Protection: Requires entities to
prevent unauthorized access to BES Cyber System Information by
specifying information protection requirements in support of protecting
BES Cyber Systems against compromise that could lead to mis-operation
or instability in the BES.
     CIP-012-1 Communications between Control Centers:\11\
requires entities to protect the confidentiality and integrity of Real-
time Assessment and Real-time monitoring data transmitted between
Control Centers.
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    \11\ CIP-012-1: Communications between Control Centers will be
subject to enforcement by July 1, 2022.
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     CIP-013-1 Supply Chain Risk Management: requires entities
to mitigate cybersecurity risks to the reliable operation of the BES by
implementing security controls for supply chain risk management of BES
Cyber Systems.
    The CIP Reliability Standards, viewed as a whole, implement a
defense-in-depth approach to protecting the security of BES Cyber
Systems at all impact levels.\12\ The CIP Reliability Standards are
objective-based and allow entities to choose compliance approaches best
tailored to their systems.\13\
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    \12\ Order No. 822, 154 FERC ] 61,037 at 32.
    \13\ Order No. 706, 122 FERC ] 61,040 at 72.

 FERC-725B--(Mandatory Reliability Standards for Critical Infrastructure Protection [CIP] Reliability Standards) After Adding Filers From Cybersecurity
                                      Incentives Investment Activity (Submitted as a Separate IC Within FERC-725B)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                  Number and    Annual  number
                                    type of      of  responses   Total  number of  Average burden per  response    Total annual burden  (hours) & total
                                  respondent          per           responses        (hours) \15\  & cost per              annual cost \16\ ($)
                                     \14\         respondent                                 response
                                           (1)             (2)    (1) * (2) = (3)  (4).........................  (3) * (4) = (5)
--------------------------------------------------------------------------------------------------------------------------------------------------------
CIP-003-8 \17\................       1,149\18\             300            344,700  1.5 hrs.; $127.53...........  517,050 hrs.; $43,959,591.
CIP-003-8 \19\................           1,149               1              1,149  20 hrs.; $1,700.40..........  23,220 hrs.; $1,974,164.4.
CIP-003-8\20\.................             343               1                343  1 hr.; $85.02...............  343 hrs.; $29,161.86.

CIP-002-5.1, CIP-004-6, CIP-               343               1                343  600 \21\ hrs.; $51,012......  205,800 hrs.; $17,497,116.
 005-7, CIP-006-6, CIP-007-6,
 CIP-008-6, CIP-009-6, CIP-010-
 3, CIP-011-2.
CIP-013-1.....................             343               1                343  30 hrs.; $2550.60...........  10,290 hrs.; $874,855.80.
CIP-014-2.....................        \22\ 321               1                321  2 hrs.; $170.04.............  642 hrs.; $54,582.84.
CIP-012-1.....................        \23\ 724               1                724  83 hrs.; $7,056.66..........  60,092 hrs., $5,109,021.84.
                               -------------------------------------------------------------------------------------------------------------------------
    Total Burden of FERC-725B.  ..............  ..............            347,923  ............................  817,437 hrs.; $69,498,493.74.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Comments: Comments are invited on: (1) Whether the collection of
information is necessary for the proper performance of the functions of
the Commission, including whether the information will have practical
utility; (2) the accuracy of the agency's estimate of the burden and
cost of the collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility and clarity of the information collection; and (4) ways to
minimize the burden of the collection of information on those who are
to respond, including the use of automated collection techniques or
other forms of information technology.
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    \14\ The number of respondents is based on the NERC Compliance
Registry as of June 22, 2021. Currently there are 1,508 unique NERC
Registered, subtracting 16 Canadians Entities yields 1492 U.S.
entities.
    \15\ Of the average estimated 295.702 hours per response, 210
hours are for recordkeeping, and 85.702 hours are for reporting.
    \16\ The estimates for cost per hour are $85.02/hour (averaged
based on the following occupations):
     Manager (Occupational Code: 11-0000): $97.89/hour; and
     Electrical Engineer (Occupational Code 17-2071):
$72.15/hour, from the Bureau of Labor and Statistics at http://bls.gov/oes/current/naics3_221000.htm, as of June 2021.
    \17\ Updates and reviews of low impact TCA assets (ongoing)
    \18\ We estimate that 1,161 entities will face an increased
paperwork burden under Reliability Standard CIP 003-8, estimating
that a majority of these entities will have one or more low impact
BES Cyber Systems.
    \19\ Update paperwork for access control implementation in
Section 2 and Section 3 (ongoing)
    \20\ Modification and approval of cybersecurity policies for all
CIP Standards
    \21\ 600 hr. estimate is based on ongoing burden estimate from
Order No. 791, added to the 3-year audit burden split over 3 years:
600 = (640/3) + (408-(20 + 1)). (20 + 1) is the CIP-003-8 burden.
    \22\ 321 U.S. Transmission Owners in NERC Compliance Registry as
of June 22, 2021.
    \23\ The number of entities and the number of hours required are
based on FERC Order No. 802 which approved CIP-012-1.

    Dated: June 30, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-14477 Filed 7-6-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 107 (Monday, June 7, 2021)]
[Rules and Regulations]
[Pages 30190-30196]
[FR Doc No: 2021-11763]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 9 and 721

[EPA-HQ-OPPT-2020-0222; FRL-10018-77]
RIN 2070-AB27

Significant New Use Rules on Certain Chemical Substances (20-5.B)

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 which were
the subject of premanufacture notices (PMNs). This action requires
persons to notify EPA at least 90 days before commencing manufacture
(defined by statute to include import) or processing of any of these
chemical substances for an activity that is designated as a significant
new use by this rule. This action further requires that persons not
commence manufacture or processing for the significant new use until
they have submitted a Significant New Use Notice (SNUN), EPA has
conducted a review of the notice, made an appropriate determination on
the notice, and has taken any risk management actions as are required
as a result of that determination.

DATES: This rule is effective on August 6, 2021. For purposes of
judicial review, this rule shall be promulgated at 1 p.m. (e.s.t.) on
June 21, 2021.

FOR FURTHER INFORMATION CONTACT:
    For technical information contact: William Wysong, New Chemicals
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 25 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, which
would include the SNUR requirements. Chemical importers are subject to
the TSCA section 13 (15 U.S.C. 2612) import provisions. The EPA policy
in support of import certification appears at 40 CFR part 707, subpart
B. In addition, pursuant to 40 CFR 721.20, any persons who export or
intend to export a chemical substance that is the subject of this rule
are subject to the export notification provisions of TSCA section 12(b)
(15 U.S.C. 2611(b)), 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 docket identification (ID) number EPA-
HQ-OPPT-2020-0222, is available at https://www.regulations.gov and 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
https://www.epa.gov/dockets.
    Due to the public health emergency, the EPA Docket Center (EPA/DC)
and Reading Room is closed to visitors with limited exceptions. The
staff continues to provide remote customer service via email, phone,
and webform. For the latest status information on EPA/DC services and
docket access, visit https://www.epa.gov/dockets.

II. Background

A. What action is the Agency taking?

    EPA is finalizing SNURs under TSCA section 5(a)(2) for chemical
substances which were the subject of PMNs P-17-86, P-17-294, P-18-262,
P-19-136, P-19-174, P-20-41, and P-20-52. 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.
    Previously, in the Federal Register of May 19, 2020 (85 FR 29907)
(FRL-10009-17), EPA proposed SNURs for these chemical substances. More
information on the specific chemical substances subject to this final
rule can be found in the Federal Register document proposing the SNURs.
The docket includes information considered by the Agency in developing
the proposed and final rules, including the public comments received on
the proposed rules that are described in Unit IV.

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.

C. Do the SNUR general provisions apply?

    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. Pursuant 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). In particular, these requirements
include the information submission requirements of TSCA sections 5(b)
and 5(d)(1), the exemptions authorized by TSCA sections 5(h)(1),
5(h)(2), 5(h)(3), and 5(h)(5) and the regulations at 40 CFR part 720.
Once EPA receives a SNUN, EPA must either determine that the
significant new use is not likely to present an unreasonable risk of
injury or take such regulatory action as is associated with an
alternative determination before manufacture or processing for the
significant new use can commence. If EPA determines that the
significant new use is not likely to present an unreasonable risk, EPA
is required under TSCA section 5(g) to make public, and submit for
publication in the Federal Register, a statement of EPA's findings.

III. Significant New Use Determination

A. Determination Factors

    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, and
potential human exposures and environmental releases that may be
associated with the substances, in the context of the four bulleted
TSCA section 5(a)(2) factors listed in this unit. During its review of
these chemicals, EPA identified certain conditions of use that are not
intended by the submitters, but reasonably foreseen to occur. EPA is
designating those reasonably foreseen conditions of use as well as
certain other circumstances of use as significant new uses.

B. Procedures for Significant New Uses Claimed as Confidential Business
Information (CBI)

    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. EPA promulgated a procedure to deal with the
situation where a specific significant new use is CBI, at 40 CFR
721.1725(b)(1) and has referenced it to apply to other SNURs.
    Under these procedures a manufacturer or processor may request EPA
to determine whether a specific 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 production volume limit is not
exceeded by the amount 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.

IV. Public Comments

    EPA received public comments from three identifying entities on the
proposed rule. The Agency's responses are presented in the Response to
Public Comments document that is available in the docket for this rule.
EPA made changes to two of the proposed rules, as described in the
response to comments.

V. Substances Subject to This Rule

    EPA is establishing significant new use and recordkeeping
requirements for chemical substances in 40 CFR part 721, subpart E. In
Unit IV. of the proposed SNUR, EPA provided 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 SNUR.
     Potentially useful information.
     CFR citation assigned in the proposed regulatory text, and
the final citation assignment is in the regulatory text section of this
final rule.
    The regulatory text section of these rules specifies the activities
designated as significant new uses. Certain new uses, including
production volume limits and other uses designated in the rules, may be
claimed as CBI.

VI. Rationale and Objectives of the Rule

A. Rationale

    During review of the PMNs submitted for the chemical substances
that are the subject of these SNURs and as further discussed in Unit
IV. of the proposed rule, EPA identified certain other reasonably
foreseen conditions of use in addition to those conditions of use
intended by the submitter. EPA has determined the chemical under the
intended conditions of use is not likely to present an unreasonable
risk. However, EPA has not assessed risks associated with the
reasonably foreseen conditions of use. EPA is designating these
conditions of use as well as certain other circumstances of use as
significant new uses. As a result, those significant new uses cannot
occur without going through a separate, subsequent EPA review and
determination process associated with a SNUN.

B. Objectives

    EPA is issuing these SNURs because the Agency wants:
     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 obligated to make a determination under TSCA section
5(a)(3) regarding the use described in the SNUN, under the conditions
of use. The Agency will either determine under section 5(a)(3)(C) that
the significant new use is not likely to present an unreasonable risk,
including an unreasonable risk to a potentially exposed or susceptible
subpopulation identified as relevant by the Administrator under the
conditions of use, or make a determination under TSCA section
5(a)(3)(A) or (B) and take the required regulatory action associated
with the determination, before manufacture or processing for the
significant new use of the chemical substance can occur.
     To be able to complete its review and determination on
each of the PMN substances, while deferring analysis on the significant
new uses proposed in these rules unless and until the Agency receives a
SNUN.
    Issuance of a SNUR for a chemical substance does not signify that
the chemical substance is listed on the TSCA Inventory. Guidance on how
to determine if a chemical substance is on the TSCA Inventory is
available on the internet at https://www.epa.gov/tsca-inventory.

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

    To establish a significant new use, EPA must determine that the use
is not ongoing. The chemical substances subject to this rule were
undergoing premanufacture review at the time of signature of the
proposed rule and were not on the TSCA inventory. 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
the chemical substances subject to these SNURs EPA concluded at the
time of signature of the proposed rule that the designated significant
new uses were not ongoing.
    EPA designated May 4, 2020 (the date of web posting of the proposed
rule) as the cutoff date for determining whether the new use is
ongoing. The objective of EPA's approach is to ensure that a person
cannot defeat a SNUR by initiating a significant new use before the
effective date of the final rule.
    Persons who began commercial manufacture or processing of the
chemical substances for a significant new use identified on or after
that date will have to cease any such activity upon the effective date
of the final rule. To resume their activities, these persons would have
to first comply with all applicable SNUR notification requirements and
EPA would have to take action under section 5 allowing manufacture or
processing to proceed.

VIII. Development and Submission of Information

    EPA recognizes that TSCA section 5 does not require development of
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, then TSCA section 5(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 or reasonably ascertainable by them (see 40
CFR 720.50). However, upon review of PMNs and SNUNs, the Agency has the
authority to require appropriate testing. Unit IV. of the proposed rule
lists potentially useful information for all SNURs listed here.
Descriptions are provided for informational purposes. The potentially
useful information identified in Unit IV. of the proposed rule will be
useful to 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, which may assist with EPA's analysis of the SNUN.
    EPA strongly encourages persons, before performing any testing, to
consult with the Agency pertaining to protocol election. Furthermore,
pursuant to TSCA section 4(h), which pertains to reduction of testing
in 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 dialog with Agency

representatives to help determine how best the submitter can meet both
the data needs and the objective of TSCA section 4(h).
    The potentially useful information described in Unit IV. of the
proposed rule may not be the only means of providing information to
evaluate the chemical substance associated with the significant new
uses. However, submitting a SNUN without any test data may increase the
likelihood that EPA will take action under TSCA sections 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.

IX. 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 https://www.epa.gov/reviewing-new-chemicals-under-toxic-substances-control-act-tsca.

X. Economic Analysis

    EPA has evaluated the potential costs of establishing SNUN
requirements for potential manufacturers and processors of the chemical
substances subject to this rule. EPA's complete economic analysis is
available in the docket for this rulemaking.

XI. 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 new chemical substances that were
the subject of PMNs. 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 PRA, 44 U.S.C. 3501 et seq., an agency may not conduct
or sponsor, and a person is not required to respond to a collection of
information that requires OMB approval under PRA, unless it has been
approved by OMB and displays a currently valid OMB control number. The
OMB control numbers for EPA's regulations in title 40 of the CFR, after
appearing in the Federal Register, are listed in 40 CFR part 9, and
included on the related collection instrument or form, if applicable.
    The information collection requirements related to this action have
already been approved by OMB pursuant to 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
through the use of 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., I hereby
certify that promulgation of this SNUR would 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.
Although some small entities may decide to pursue a significant new use
in the future, EPA cannot presently determine how many, if any, there
may be. However, 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, 12 in FY2016, 13 in FY2017, and 11 in FY2018.
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 federalism implications because it is not
expected to 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 will not have Tribal implications because it is not
expected to have substantial direct effects on Indian Tribes,
significantly or uniquely affect the communities of Indian Tribal
governments, and does not involve or impose any requirements that
affect Indian Tribes. Accordingly, the requirements of Executive Order
13175 (65 FR 67249, November 9, 2000), do not apply to this action.

G. Executive Order 13045: Protection of Children From Environmental
Health 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 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).

K. Congressional Review Act (CRA)

    This action is subject to the CRA (5 U.S.C. 801 et seq.), and EPA
will submit a rule report containing this rule and other required
information to each House of the Congress and to the Comptroller
General of the United States. 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: May 24, 2021.
Tala Henry,
Deputy Director, Office of Pollution Prevention and Toxics.

    Therefore, for the reasons stated in the preamble, 40 CFR chapter I
is amended as follows:

PART 9--OMB APPROVALS UNDER THE PAPERWORK REDUCTION ACT

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

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

0
2. In Sec.  9.1, amend the table by adding entries for Sec. Sec.
721.11491 through 721.11497 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.

* * * * *

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

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

                                * * * * *
721.11491.............................................         2070-0012
721.11492.............................................         2070-0012
721.11493.............................................         2070-0012
721.11494.............................................         2070-0012
721.11495.............................................         2070-0012
721.11496.............................................         2070-0012
721.11497.............................................         2070-0012

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

PART 721--SIGNIFICANT NEW USES OF CHEMICAL SUBSTANCES

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.  721.11491 through 721.11497 to subpart E to read as
follows:

Subpart E--Significant New Uses for Specific Chemical Substances

* * * * *
Sec.
721.11491 Cyclohexane, 1,4-bis(ethoxymethyl)-.
721.11492 2-Butanone, 3-methyl-, peroxide.
721.11493 2-Propenoic acid, 2-methyl-, dodecyl ester, polymer with
ammonium 2-methyl-2-[(1-oxo-2-propen-1-yl)amino]-1-propanesulfonate
(1:1), N,N-dimethyl-2-propenamide and .alpha.-(2-methyl-1-oxo-2-
propen-1-yl)-.omega.-(dodecyloxy)poly(oxy-1,2-ethanediyl).
721.11494 Iso-alkylamine, N-isoalkyl-N-methyl (generic).
721.11495 Octadecanoic acid, 9(or 10)-(dibutoxyphosphinyl)-, 1,1'-
(2,2-dimethyl-1,3-propanediyl) ester.
721.11496 1,3-Benzenedicarboxylic acid, polymer with 3-methyl-1,5-
pentanediol.
721.11497 Oxirane, 2-methyl-, polymer with oxirane, mono(3,5,5-
trimethylhexanoate).
* * * * *

Sec.  721.11491  Cyclohexane, 1,4-bis(ethoxymethyl)-.

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified as cyclohexane, 1,4-
bis(ethoxymethyl)- (PMN P-17-86, CAS No. 54889-63-3) 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 process the PMN substance to greater than 1.5%
(by weight) for use in consumer products.
    (ii) Release to water. Requirements as specified in Sec.
721.90(a)(4) and (b)(4), where N = 330. Processors receiving the PMN
substance from fragrance compounding processors at concentrations below
10% (by weight) are exempt from the water release provisions.
    (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), (i), and (k) are applicable to manufacturers
and processors of this substance.
    (2) Limitation or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.

Sec.  721.11492  2-Butanone, 3-methyl-, peroxide.

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified as 2-butanone, 3-
methyl-, peroxide (PMN

P-17-294, CAS No. 182893-11-4) is subject to reporting under this
section for the significant new uses described in paragraph (a)(2) of
this section.
    (2) The significant new uses are:
    (i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1), (a)(2)(i), (a)(3) through (6), and (c). When determining
which persons are reasonably likely to be exposed as required for Sec.
721.63(a)(1) and (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. For purposes of Sec.  721.63(a)(5), respirators must
provide a National Institute for Occupational Safety and Health (NIOSH)
assigned protection factor (APF) of at least 50. For purposes of Sec.
721.63(a)(6), the applicable airborne form of the substance is
particulate (including solids or liquid droplets).
    (ii) Industrial, commercial, and consumer activities. It is a
significant new use to use the substance other than as an organic
peroxide polymerization initiator.
    (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 (i) are applicable to manufacturers and
processors of this substance.
    (2) Limitation or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.

Sec.  721.11493  2-Propenoic acid, 2-methyl-, dodecyl ester, polymer
with ammonium 2-methyl-2-[(1-oxo-2-propen-1-yl)amino]-1-
propanesulfonate (1:1), N,N-dimethyl-2-propenamide and .alpha.-(2-
methyl-1-oxo-2-propen-1-yl)-.omega.-(dodecyloxy)poly(oxy-1,2-
ethanediyl).

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified as 2-propenoic acid,
2-methyl-, dodecyl ester, polymer with ammonium 2-methyl-2-[(1-oxo-2-
propen-1-yl)amino]-1-propanesulfonate (1:1), N,N-dimethyl-2-propenamide
and .alpha.-(2-methyl-1-oxo-2-propen-1-yl)-.omega.-
(dodecyloxy)poly(oxy-1,2-ethanediyl) (PMN P-18-262, CAS No. 1190091-71-
4) 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. Requirements
as specified in Sec.  721.80(j). It is a significant new use to process
the PMN substance above the confidential percentage in formulation
specified in the PMN for use in consumer products.
    (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) Limitation 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)(i) of
this section.

Sec.  721.11494  Iso-alkylamine, N-isoalkyl-N-methyl (generic).

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as iso-
alkylamine, N-isoalkyl-N-methyl (PMN P-19-136) 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. Requirements
as specified in Sec.  721.80(g).
    (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) Limitation or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.

Sec.  721.11495  Octadecanoic acid, 9(or 10)-(dibutoxyphosphinyl)-,
1,1'-(2,2-dimethyl-1,3-propanediyl) ester.

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified as octadecanoic acid,
9(or 10)-(dibutoxyphosphinyl)-, 1,1'-(2,2-dimethyl-1,3-propanediyl)
ester (PMN P-19-174, CAS No. 2346600-12-0) 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, process, or use the PMN substance
in a manner that results in inhalation exposure. It is a significant
new use to process the PMN substance above the confidential percentage
in formulation specified in the PMN for use in consumer products.
    (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) Limitation 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)(i) of
this section.

Sec.  721.11496  1,3-Benzenedicarboxylic acid, polymer with 3-methyl-
1,5-pentanediol.

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified as 1,3-
benzenedicarboxylic acid, polymer with 3-methyl-1,5-pentanediol (PMN P-
20-41, CAS No. 76962-70-4) 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. Requirements
as specified in Sec.  721.80(j).
    (ii) Release to water. Requirements as specified in Sec.
721.90(a)(4), (b)(4) and (c)(4), where N = 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 (c), (i), and (k) are applicable to manufacturers
and processors of this substance.
    (2) Limitation 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)(i) of
this section.

Sec.  721.11497  Oxirane, 2-methyl-, polymer with oxirane, mono(3,5,5-
trimethylhexanoate).

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified as oxirane, 2-methyl-,
polymer with

oxirane, mono(3,5,5-trimethylhexanoate) (PMN P-20-52, CAS No. 148263-
50-7) 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. Requirements
as specified in Sec.  721.80(o). It is a significant new use to
manufacture, process or use the substance in a manner that results in
inhalation exposures. It is a significant new use to use the substance
other than as a liquid shrinkage reducing admixture for concrete.
    (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) Limitation or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.
* * * * *
[FR Doc. 2021-11763 Filed 6-4-21; 8:45 am]
BILLING CODE 6560-50-P


From:
"STARKWEATHER, DIANA M."<EMAIL_ADDRESS>Sent:
Sun, 16 Apr 2023 09:09:09
To:
"Jones; DonnaLee"<EMAIL_ADDRESS>"BATTEN; KATIE M"<EMAIL_ADDRESS><EMAIL_ADDRESS><EMAIL_ADDRESS>Subject:
Jewell Coke Co. ICR Enclosure 1 Part E2 & Question 100 - due April 16, 2023
Good morning Donna Lee -

We are submitting the attached non-confidential information for Jewell Coke Co. in response to Enclosure 1 Part A, Question 100 and Part E2.  We will submit a confidential version of the ICR spreadsheet that includes the CBI data to the Office of Air Quality Planning and Standards via email as required.

Thanks!

Diana Starkweather

Corporate Environmental, Health & Safety Compliance Manager
SunCoke Energy
2446 Gallia Pike
Franklin Furnace, OH 45629
Office:<PHONE_NUMBER>
Cell:<PHONE_NUMBER>

*Please excuse any formatting errors caused by the Office web app.

<<SunCoke ICR Jewell Enclosure 1 Parts A-I thru A-IX  & E-2 Responses Non-Confidential.xlsx>>


[Federal Register: June 16, 2006 (Volume 71, Number 116)]
[Notices]
[Page 34917]
[DOCID:fr16jn06-90]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 9184-013-WI]

Flambeau Hydro, LLC; Notice of Availability of Environmental
Assessment

June 9, 2006.
    In accordance with the National Environmental Policy Act of 1969
and the Federal Energy Regulatory Commission's regulations, 18 CFR part
380 (Order No. 486,52 FR 47879), the Office of Energy Projects has
reviewed the application for a subsequent license for the Danbury
Hydroelectric Project, located on the Yellow River in Burnett County,
Wisconsin, and has prepared an Environmental Assessment (EA). In the
EA, Commission staff analyze the potential environmental effects of
relicensing the project and conclude that issuing a subsequent license
for the project, with appropriate environmental measures, would not
constitute a major Federal action significantly affecting the quality
of the human environment.
    A copy of the EA is on file with the Commission and is available
for public inspection. The EA may also be viewed on the Commission's
Web site at http://www.ferc.gov using the ``eLibrary'' link. Enter the

docket number excluding the last three digits in the docket number
field to access the document. For assistance, contact FERC Online
Support at<EMAIL_ADDRESS>or toll-free at 1-866-208-3676,
or for TTY,<PHONE_NUMBER>.
    Any comments should be filed within 30 days from the issuance date
of this notice, and should be addressed to the Secretary, Federal
Energy Regulatory Commission, 888 First Street, NE., Room 1-A,
Washington, DC 20426. Please affix ``Danbury Project No. 9184-013'' to
all comments. Comments may be filed electronically via Internet in lieu
of paper. The Commission strongly encourages electronic filings. See 18
CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web
site under the ``eFiling'' link. For further information, contact Tim
Konnert at<PHONE_NUMBER>.

Magalie R. Salas,
Secretary.
 [FR Doc. E6-9394 Filed 6-15-06; 8:45 am]

BILLING CODE 6717-01-P