[Federal Register: April 13, 2009 (Volume 74, Number 69)]
[Notices]
[Page 16861-16866]
[DOCID:fr13ap09-55]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2009-0106; FRL-8406-4]

Certain New Chemicals; Receipt and Status Information

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: Section 5 of the Toxic Substances Control Act (TSCA) requires
any person who intends to manufacture (defined by statute to include
import) a new chemical (i.e., a chemical not on the TSCA Inventory) to
notify EPA and comply with the statutory provisions pertaining to the
manufacture of new chemicals. Under sections 5(d)(2) and 5(d)(3) of
TSCA, EPA is required to publish a notice of receipt of a
premanufacture notice (PMN) or an application for a test marketing
exemption (TME), and to publish periodic status reports on the
chemicals under review and the receipt of notices of commencement to
manufacture those chemicals. This status report, which covers the
period from December 22, 2008 through January 23, 2009, consists of the
PMNs and TME, both pending or expired, and the notices of commencement
to manufacture a new chemical that the Agency has received under TSCA
section 5 during this time period.

DATES: Comments identified by the specific PMN number or TME number,
must be received on or before May 13, 2009.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPPT-2009-0106, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
     Mail: Document Control Office (7407M), Office of Pollution
Prevention and Toxics (OPPT), Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460-0001.
     Hand Delivery: OPPT Document Control Office (DCO), EPA
East Bldg., Rm. 6428, 1201 Constitution Ave., NW., Washington, DC.
Attention: Docket ID Number EPA-HQ-OPPT-2009-0106. The DCO is open from
8 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The
telephone number for the DCO is<PHONE_NUMBER>. Such deliveries are
only accepted during the DCO's normal hours of operation, and special
arrangements should be made for deliveries of boxed information.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPPT-
2009-0106. EPA's policy is that all comments received will be included
in

the docket without change and may be made available on-line at http://
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through regulations.gov or e-mail. The
regulations.gov website is an ``anonymous access'' system, which means
EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an e-mail comment
directly to EPA without going through regulations.gov, your e-mail
address will be automatically captured and included as part of the
comment that is placed in the docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses. For additional
information about EPA's public docket, visit the EPA Docket Center
homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the docket are listed in the docket index
available in regulations.gov. To access the electronic docket, go to
http://www.regulations.gov, select ``Advanced Search,'' then ``Docket
Search.'' Insert the docket ID number where indicated and select the
``Submit'' button. Follow the instructions on the regulations.gov
website to view the docket index or access available documents.
Although listed in the index, some information is not publicly
available, e.g., CBI or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, will be publicly available only in hard copy. Publicly
available docket materials are available electronically at http://
www.regulations.gov, or, if only available in hard copy, at the OPPT
Docket. The OPPT Docket is located in the EPA Docket Center (EPA/DC) at
Rm. 3334, EPA West Bldg., 1301 Constitution Ave., NW., Washington, DC.
The EPA/DC Public Reading Room hours of operation are 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding Federal holidays. The telephone
number of the EPA/DC Public Reading Room is<PHONE_NUMBER>, and the
telephone number for the OPPT Docket is<PHONE_NUMBER>. Docket visitors
are required to show photographic identification, pass through a metal
detector, and sign the EPA visitor log. All visitor bags are processed
through an X-ray machine and subject to search. Visitors will be
provided an EPA/DC badge that must be visible at all times in the
building and returned upon departure.

FOR FURTHER INFORMATION CONTACT: Colby Lintner, Regulatory Coordinator,
Environmental Assistance Division, Office of Pollution Prevention and
Toxics (7408M), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>;
e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    This action is directed to the public in general. As such, the
Agency has not attempted to describe the specific entities that this
action may apply to. Although others may be affected, this action
applies directly to the submitter of the premanufacture notices
addressed in the action. If you have any questions regarding the
applicability of this action to a particular entity, consult the person
listed under FOR FURTHER INFORMATION CONTACT.

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 e-mail. 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
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 submitting comments,
remember to:
     i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
     ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
     iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
     iv. Describe any assumptions and provide any technical information
and/or data that you used.
     v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
     vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
     vii. Explain your views as clearly as possible, avoiding the use
of profanity or personal threats.
     viii. Make sure to submit your comments by the comment period
deadline identified.

II. Why is EPA Taking this Action?

    Section 5 of TSCA requires any person who intends to manufacture
(defined by statute to include import) a new chemical (i.e., a chemical
not on the TSCA Inventory to notify EPA and comply with the statutory
provisions pertaining to the manufacture of new chemicals. Under
sections 5(d)(2) and 5(d)(3) of TSCA, EPA is required to publish a
notice of receipt of a PMN or an application for a TME and to publish
periodic status reports on the chemicals under review and the receipt
of notices of commencement to manufacture those chemicals. This status
report, which covers the period from December 22, 2008 through January
23, 2009, consists of the PMNs and TME, both pending or expired, and
the notices of commencement to manufacture a new chemical that the
Agency has received under TSCA section 5 during this time period.

III. Receipt and Status Report for PMNs

    This status report identifies the PMNs and TME, both pending or
expired, and the notices of commencement to manufacture a new chemical
that the Agency has received under TSCA section 5 during this time
period. If you are interested in information that is not included in
the following tables, you may contact EPA as described in Unit I. to
access additional non-CBI information that may be available.
    In Table I of this unit, EPA provides the following information (to
the extent that such information is not claimed as CBI) on the PMNs
received by EPA during this period: the EPA case number assigned to the
PMN; the date the PMN was received by EPA; the projected end

date for EPA's review of the PMN; the submitting manufacturer; the
potential uses identified by the manufacturer in the PMN; and the
chemical identity.

                                            I. 48 Premanufacture Notices Received From: 12/22/08 to 01/23/09
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                              Projected Notice End
              Case No.                    Received Date               Date           Manufacturer/Importer           Use                  Chemical
--------------------------------------------------------------------------------------------------------------------------------------------------------
P-09-0130                            12/19/08                03/18/09                Huntsman Corporation   (G) Polyol for         (S) Soybean oil,
                                                                                flexible and rigid     epoxidized, reaction
                                                                                polyurethane foam      products with
                                                                                applications.          diethanolamine
P-09-0131                            12/19/08                03/18/09                CBI                    (G) Raw material for   (G) Aromatic
                                                                                the production of      carboxylic acid
                                                                                biphenyl dianhydride
P-09-0132                            12/19/08                03/18/09                CBI                    (G) Processing aid     (G) Alkyl substituted
                                                                                polyamide
P-09-0133                            12/22/08                03/21/09                Evonik Degussa         (S) Extrusion of       (G) Aromatic
                                                                                tubing systems;        dicarboxylic acid,
                                                                                injection molding of   polymer with alkane
                                                                                special applications   dicarboxylic acid
                                                                                and alkanediamine
P-09-0134                            12/22/08                03/21/09                CBI                    (G) Pour point         (G) Furandione
                                                                                depressant             polymer with
                                                                                ethenylbenzene,
                                                                                alkyl ester
P-09-0135                            12/22/08                03/21/09                ICL-IP America Inc.    (S) Flame retardant    (G) Pentabromobenzyl
                                                                                for polyurethane       dialkylene glycol
                                                                                foam                   alkyl ether
P-09-0136                            12/23/08                03/22/09                Henkel Corporation     (S) A catalyst in      (S) Phosphorus(1+),
                                                                                polyalkene syntheses   dichlorobis(phosphor
                                                                                imidic trichloridato-
                                                                                .kappa.N)-, (T-4)-,
                                                                                hexachlorophosphate(
                                                                                1-) (1:1)
P-09-0137                            12/23/08                03/22/09                CBI                    (S) Packaging          (G) Aromatic
                                                                                adhesive               polyether polyester
                                                                                polyurethane,
                                                                                isocyanate-
                                                                                terminated
P-09-0138                            12/23/08                03/22/09                Cook Composites and    (S) Thermoset          (G) Alkanediol,
                                                                                Polymers Co.           laminating resin for   polymer with 2,5-
                                                                                reinforced composite   furandione and
                                                                                parts; thermoset       3a,4,7,7a-tetrahydro-
                                                                                closed molding resin   4,7-methano-1H-
                                                                                for reinforced         indene
                                                                                composite parts
P-09-0139                            12/24/08                03/23/09                Huntsman Corporation   (G) Dispersant         (S) 1-propanamine, 3-
                                                                                [2-(2-
                                                                                methoxyethoxy)ethoxy
                                                                                ]-
P-09-0140                            12/24/08                03/23/09                CBI                    (G) Resin component    (G) Sodium
                                                                                tetrasilisic mica
P-09-0141                            12/29/08                03/28/09                Arkema Inc.            (G) Catalyst           (G) 1,3-ethyl,
                                                                                methylimidazolium
                                                                                undecafluoro
                                                                                substituted ionic
                                                                                methalic species
P-09-0142                            12/29/08                03/28/09                Nano-C, Inc.           (S) (1) Compound that  (S) 3,H-
                                                                                functions to improve   cyclopropa[1,9][5,6]
                                                                                conductivity in        fullerene-C60-IH-3'-
                                                                                organic electronic     butanoic acid, 3'-
                                                                                devices. (2)           phenyl-, methyl
                                                                                Compound used to       ester
                                                                                improve the
                                                                                mechanical
                                                                                properties of
                                                                                lubricants and
                                                                                plastics.
P-09-0143                            12/29/08                03/28/09                CBI                    (S) (1) Compound that  (S) 3,H-
                                                                                functions to improve   cyclopropa[8,25][5,6
                                                                                conductivity in        ]fullerene-C70-
                                                                                organic electronic     d5h(6)-3'-butanoic
                                                                                devices. (2)           acid, 3'-phenyl-,
                                                                                Compound used to       methyl ester
                                                                                improve the
                                                                                mechanical
                                                                                properties of
                                                                                lubricants and
                                                                                plastics.
P-09-0144                            12/29/08                03/28/09                CBI                    (S) (1) Compound that  (S) 3,H-
                                                                                functions to improve   cyclopropa[7,22][5,6
                                                                                conductivity in        ]fullerene-C70-
                                                                                organic electronic     d5h(6)-3'-butanoic
                                                                                devices. (2)           acid, 3'-phenyl-,
                                                                                Compound used to       methyl ester
                                                                                improve the
                                                                                mechanical
                                                                                properties of
                                                                                lubricants and
                                                                                plastics.
P-09-0145                            12/31/08                03/30/09                CBI                    (S) Adhesion promoter  (S) 2-propenoic acid,
                                                                                for thermoset          2-methyl-, 1,1'-[(3-
                                                                                adhesives              heptyl-4-pentyl-1,2-
                                                                                cyclohexanediyl)bis(
                                                                                9,1-
                                                                                nonanediyliminocarbo
                                                                                nyloxy-2,1-
                                                                                ethanediyl)]ester
P-09-0145                            12/31/08                03/30/09                CBI                    (S) Adhesion promoter  (S) 2-propenoic acid,
                                                                                for thermoset          2-methyl-, 2-[[[[9-
                                                                                adhesives              [3(or 6)-heptyl-2-[9-
                                                                                [[(2-
                                                                                oxiranylmethoxy)carb
                                                                                onyl]amino]nonyl]pen
                                                                                tylcyclohexyl]nonyl]
                                                                                amino]carbonyl]oxy]e
                                                                                thyl ester
P-09-0145                            12/31/08                03/30/09                CBI                    (S) Adhesion promoter  (S) Carbamic acid,
                                                                                for thermoset          N,N'-[(3-heptyl-4-
                                                                                adhesives              pentyl-1,2-
                                                                                cyclohexanediyl)di-
                                                                                9,1-nonanediyl]bis-,
                                                                                C,C'-bis(2-
                                                                                oxiranylmethyl)
                                                                                ester
P-09-0146                            01/05/09                04/04/09                CBI                    (G) Adhesive           (S) Formaldehyde,
                                                                                polymers with
                                                                                acetone-phenol
                                                                                reaction products
                                                                                and phenol, sodium
                                                                                salts

P-09-0147                            01/05/09                04/04/09                CBI                    (G) Adhesive           (S) Formaldehyde,
                                                                                polymers with
                                                                                acetone-phenol
                                                                                reaction products
                                                                                and phenol,
                                                                                potassium sodium
                                                                                salts
P-09-0148                            01/06/09                04/05/09                Coim USA Inc.          (S) Rigid foam         (S) Soybean oil,
                                                                                insulation board       polymer with
                                                                                diethylene glycol
                                                                                and phthalic
                                                                                anhydride
P-09-0149                            01/06/09                04/05/09                Cognis Corporation     (S) Ultra violet       (S) Fatty acids, C18-
                                                                                offset printing ink    unsaturated, dimers,
                                                                                for commercial         polymers with
                                                                                printing and           piperazine and
                                                                                packaging              polypropylene glycol
                                                                                monoacrylate ether
                                                                                with gycerol (3:1)
P-09-0150                            01/06/09                04/05/09                Hanse Chemie USA,      (S) Additive to make   (S) Siloxanes and
                                                                                Inc.                   epoxy resins more      silicones, di-me, 3-
                                                                                flexible               (2-
                                                                                hydroxyphenyl)propyl
                                                                                group-terminated,
                                                                                polymers with
                                                                                bisphenol a
                                                                                diglycidly ether
P-09-0151                            01/07/09                04/06/09                CBI                    (S) Site limited       (G) Aminoxylate
                                                                                chemical
                                                                                intermediate
P-09-0152                            01/07/09                04/06/09                CBI                    (S) Acid dye for       (G) Product is a
                                                                                coloring anodized      trivalent chromium
                                                                                aluminum               complex of an azo
                                                                                dye
P-09-0153                            01/07/09                04/06/09                CBI                    (S) Acid dye for       (G) Product is a
                                                                                coloring anodized      trivalent chrome
                                                                                aluminum               complex of an azo
                                                                                dye
P-09-0154                            01/08/09                04/07/09                CBI                    (G) Processing         (G) Vinylsilane ester
                                                                                additive
                                                                                intermediate
P-09-0155                            01/08/09                04/07/09                CBI                    (G) Processing         (G) Mercaptosilane
                                                                                additive               ester
                                                                                intermerdiate
P-09-0156                            01/08/09                04/07/09                CBI                    (G) Processing         (G) Polysulfide
                                                                                additive               silane
P-09-0157                            01/08/09                04/07/09                Futurefuel Chemical    (S) Biodiesel fuel     (S) Fatty acids, corn
                                                                                Company                                       oil, methyl esters
P-09-0158                            01/12/09                04/11/09                Cytec Industries Inc.  (G) Coatings resin     (G) Substituted
                                                                                carbomoncyles,
                                                                                polymer with
                                                                                alkanediols
P-09-0159                            01/12/09                04/11/09                CBI                    (G) Foaming agent      (G) Alcohol ether
                                                                                sulfate amine salt
P-09-0160                            01/12/09                04/11/09                ICI-IP America Inc.    (S) Flame retardant    (G) 2-propenoic acid,
                                                                                for textile            polymer with butyl 2-
                                                                                propenoate,
                                                                                (2,3,4,5,6-
                                                                                pentabromophenyl)
                                                                                methyl 2-propenoate
                                                                                and substitute
                                                                                acrylates
P-09-0161                            01/12/09                04/11/09                ICI-IP America Inc.    (S) Flame retardant    (G) 2-propenoic acid,
                                                                                for textile            polymer with butyl 2-
                                                                                propenoate, 2-(2-
                                                                                ethoxyethoxy)ethyl 2-
                                                                                propenoate,
                                                                                (2,3,4,5,6-
                                                                                pentabromophenyl)met
                                                                                hyl 2-propenoate,
                                                                                and substitute
                                                                                acrylates
P-09-0162                            01/12/09                04/11/09                CBI                    (G) Destructive use    (G) Styrenic polymers
P-09-0163                            01/14/09                04/13/09                CBI                    (S) Reactant for the   (G) Aminohalogenated
                                                                                manufacture of a       alkene ester
                                                                                pesticide
P-09-0164                            01/14/09                04/13/09                 CBI                   (G) Scale control      (G) Sodium
                                                                                additive to reduce     polyalkylacrylate
                                                                                precipitation and
                                                                                fouling by calcium
                                                                                salts in aqueous
                                                                                systems
P-09-0165                            01/14/09                04/13/09                Rahn USA Corp.         (S) Urtra violet/eb    (G) Modified,
                                                                                inks. The PMN          saturated polyester
                                                                                substance acts as a    resin
                                                                                reactive resin in
                                                                                such blends; Ultra
                                                                                violet/eletron beam
                                                                                coatings. The PMN
                                                                                substance acts as a
                                                                                reactive resin in
                                                                                such blends; Ultra
                                                                                violet/eb putty/
                                                                                sealent. The PMN
                                                                                subtance acts as a
                                                                                reactive resin in
                                                                                such blends; Ultra
                                                                                violet/eletron beam
                                                                                adhesives. The PMN
                                                                                substance acts as a
                                                                                reactive resin in
                                                                                such blends; Ultra
                                                                                violet/electron beam
                                                                                = Ultra violet/
                                                                                electron beam
                                                                                reactive
                                                                                formulations
P-09-0166                            01/14/09                04/13/09                PPG Industries, Inc.   (G) Component of       (G) Butylated
                                                                                coating with open      melamine
                                                                                use
P-09-0167                            01/14/09                04/13/09                CBI                    (G) Raw material for   (G) Substituted
                                                                                oil field              styrene acrylate
                                                                                applications           copolymer
P-09-0168                            01/14/09                04/13/09                CBI                    (G) Raw material for   (G) Substituted
                                                                                oil field              styrene acrylate
                                                                                applications           copolymer
P-09-0169                            01/15/09                04/14/09                CBI                    (S) Resin component    (G) Isocyanate
                                                                                for 2 part sealants    terminated polyether
                                                                                polyurethane
P-09-0170                            01/15/09                04/14/09                CBI                    (S) Resinious          (G) Isocyanate
                                                                                component for 2 part   terminated polyether
                                                                                sealants               polyurethane

P-09-0171                            01/15/09                04/14/09                CBI                    (S) Reactant used in   (G) Halogenated
                                                                                the manufacture of a   carbamyal benzoyl
                                                                                pesticide              alkyl sulfamide
P-09-0172                            01/21/09                04/20/09                Huntsman               (S) Softener padded    (G) Substituted
                                                                                International, LLC     on cotton fabrics      carboxylic acid
                                                                                reaction product
                                                                                with substituted
                                                                                amine and amide,
                                                                                acetates
P-09-0173                            01/21/09                04/20/09                CBI                    (G) Polymer additive,  (G) P-toluate,
                                                                                open, non-dispersive   substituted
                                                                                use
P-09-0174                            01/21/09                04/20/09                CBI                    (G) Textile treatment  (G)
                                                                                Perfluoroalkylethylm
                                                                                ethacrylate
                                                                                copolymer
P-09-0175                            01/22/09                04/21/09                CBI                    (G) Open non-          (G) Aqueous
                                                                                dispersive use         polyurethane resin
                                                                                (industrial coatings   dispersion
                                                                                resin)
P-09-0176                            01/22/09                04/21/09                CBI                    (G) Vapor barrier      (G) Fluorinated
                                                                                copolymer
P-09-0177                            01/21/09                04/20/09                CBI                    (S) Raw material used  (G) Aliphatic
                                                                                in ultra violet        urethane acrylate
                                                                                curable inks and
                                                                                coatings
--------------------------------------------------------------------------------------------------------------------------------------------------------

    In Table II of this unit, EPA provides the following information
(to the extent that such information is not claimed as CBI) on the TMEs
received:

                                        II. 1 Test Marketing Exemption Notice Received From: 12/22/08 to 1/22/09
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                              Projected Notice End
              Case No.                    Received Date               Date           Manufacturer/Importer           Use                  Chemical
--------------------------------------------------------------------------------------------------------------------------------------------------------
T-09-0001                            01/12/09                02/25/09                Cytec Industries Inc.  (G) Coatings resin     (G) Substituted
                                                                                carbomoncyles,
                                                                                polymer with
                                                                                alkanediols
--------------------------------------------------------------------------------------------------------------------------------------------------------

    In Table III of this unit, EPA provides the following information
(to the extent that such information is not claimed as CBI) on the
Notices of Commencement to manufacture received:

                           III. 29 Notices of Commencement From: 12/22/08 to 01/22/09
----------------------------------------------------------------------------------------------------------------
                                                                Commencement Notice
              Case No.                     Received Date             End Date                  Chemical
----------------------------------------------------------------------------------------------------------------
P-06-0827                             12/29/08                12/02/08                (G) Heterocycle amine, N-
                                                                                heterocycle, monoammonium
                                                                                salt
P-07-0447                             12/29/08                12/22/08                (G) Fluoroalkyl acrylate
                                                                                copolymer
P-07-0648                             01/13/09                12/11/08                (S) Phenol, polymer with
                                                                                formaldehyde, glycidyl
                                                                                ether, polymers with 1,3-
                                                                                benzenedimethanamine,
                                                                                bisphenol a diglycidyl
                                                                                ether, 2-[(C12	14-
                                                                                alkyloxy)methyl]oxirane,
                                                                                epichlorohydrin, 2,2'-
                                                                                [1,2-
                                                                                ethanediylbis(oxy)]bis[et
                                                                                hanamine], polypropylene
                                                                                glycol, polypropylene
                                                                                glycol diglycidyl ether,
                                                                                2,2',2''-[1,2,3-
                                                                                propanetriyltris
                                                                                (oxymethylene)]tris[oxira
                                                                                ne] and
                                                                                tetraethylenepentamine
P-07-0669                             12/23/08                12/16/08                (G) Poly(ethylene oxide)
P-08-0071                             01/09/09                11/14/08                (G) Fluorosilicone
P-08-0087                             12/19/08                12/03/08                (G) Alkyl acid reaction
                                                                                products with metal salt
                                                                                of alkyl alcohol
P-08-0181                             12/30/08                11/25/08                (G) Substituted benzoic
                                                                                acid
P-08-0182                             12/23/08                12/04/08                (G) Acid modified alumina
P-08-0201                             01/06/09                12/17/08                (G) Aryl phosphoric acid
                                                                                ester
P-08-0315                             01/08/09                12/15/08                (G) Hexanedioic acid,
                                                                                polymer with diol and a
                                                                                monohydric alcohol
P-08-0318                             01/08/09                11/10/08                (G) 3-hydroxy-4-[(4-methyl-
                                                                                3-substituted)azo]-2-
                                                                                naphthalenecarboxylic
                                                                                acid, calcium salt (1:1)
P-08-0332                             01/16/09                12/30/08                (G) Modified olefins
P-08-0339                             01/12/09                12/18/08                (G) Dimethylamino alkyl
                                                                                acrylate/dimethylamino
                                                                                alkyl methacrylate
                                                                                polyquaternium ammonium
                                                                                salt
P-08-0392                             01/07/09                12/17/08                (G) Carbon nanomaterial
P-08-0407                             12/29/08                11/13/08                (G) Vinyl siloxane polymer
                                                                                with hydrogen siloxane
P-08-0497                             01/12/09                12/16/08                (G) Alkene-carboxylic acid
                                                                                copolymer salt
P-08-0510                             01/08/09                12/15/08                (G) Organosulfide
P-08-0515                             01/07/09                12/22/08                (G) Poly(oxyalkylenediyl),
                                                                                maleate half-ester
P-08-0518                             01/07/09                12/22/08                (G) Poly(oxyalkylenediyl),
                                                                                substituted maleate half-
                                                                                ester, metal salts
P-08-0622                             01/06/09                12/12/08                (G) Barium sulfonate
P-08-0656                             01/08/09                12/12/08                (G) Fatty acids, C18-
                                                                                unsaturated, dimers,
                                                                                polymers with diamines
                                                                                and monoacids

P-08-0665                             01/08/09                12/09/08                (G) Acrylic acid ester
                                                                                polymer with vinyl glycol
                                                                                derivative and cyclic
                                                                                alkene anhydride
P-08-0668                             01/08/09                12/23/08                (G) Chlorinated polyolefin
P-08-0680                             12/30/08                12/11/08                (S) N-[[4-
                                                                                [(cyclopropylamino)carbon
                                                                                yl]phenyl]sulfonyl]-2-
                                                                                methoxybenzamide
P-08-0718                             01/14/09                12/23/08                (S) Fatty acids, C18-
                                                                                unsaturated, dimers,
                                                                                hydrogenated, polymers
                                                                                with acrylic acid,
                                                                                methacrylic acid and
                                                                                tricyclodecanedimethanol
P-08-0720                             01/14/09                12/29/08                (S) 1,3-
                                                                                benzenedicarboxylic acid,
                                                                                polymers with
                                                                                tricyclodecanedimethanol,
                                                                                mixed bis(acrylates and
                                                                                methacrylates)
P-08-0754                             01/15/09                01/07/09                (G) Aryloxyacrylate
P-93-0048                             12/19/08                11/14/08                (S) 1H-pyrrole-2,5-dione,
                                                                                1,1'((1-methylethylidene)
                                                                                bis (4,1-phenyleneoxy-4,1-
                                                                                phenylene)) bis-
P-99-0720                             12/19/08                12/10/08                (G) Polyester of aromatic
                                                                                and aliphatic carboxylic
                                                                                acids with alkane diols.
----------------------------------------------------------------------------------------------------------------

List of Subjects

    Environmental protection, Chemicals, Premanufacturer notices.

    Dated: March 6, 2009.
Chandler Sirmons,
Acting Director, Information Management Division, Office of Pollution
Prevention and Toxics.

[FR Doc. E9-8361 Filed 4-10-09; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register Volume 88, Number 65 (Wednesday, April 5, 2023)]
[Proposed Rules]
[Pages 20084-20086]
[FR Doc No: 2023-07054]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2023-0192]
RIN 1625-AA00

Safety Zone; Delaware Bay, Lower Township, NJ

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish a temporary safety
zone for certain navigable waters of the Delaware Bay, in Lower
Township, NJ. The safety zone is needed to protect personnel, vessels,
and the marine environment from potential hazards created by a
fireworks display. Entry of vessels or persons into this zone is
prohibited unless specifically authorized by the Captain of the Port
(COTP), Sector Delaware Bay. We invite your comments on this proposed
rulemaking.

DATES: Comments and related material must be received by the Coast
Guard on or before May 5, 2023.

ADDRESSES: You may submit comments identified by docket number USCG-
2023-0192 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 on this rule,
call or email Petty Officer Dylan Caikowski, Sector Delaware Bay,
Waterways Management Division, U.S. Coast Guard; telephone (215) 271-
4814, email [email protected].

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

    On February 18, 2023, Lower Township, New Jersey notified the Coast
Guard that it will be conducting a fireworks display from 9:30 to 9:50
p.m. on July 3, 2023, or a rain date of July 5, 2023, to celebrate
Independence Day. The fireworks are to be launched from a barge in the
Delaware Bay approximately 350 yards west of North Cape May Beach, in
Lower Township, NJ. Hazards from firework displays include accidental
discharge of fireworks, dangerous projectiles, and falling hot embers
or other debris. The COTP has determined that potential hazards
associated with the fireworks to be used in this display would be a
safety concern for anyone within a 300-yard radius of the barge.
    The purpose of this rulemaking is to ensure the safety of vessels
and the navigable waters within a 300-yard radius of the fireworks
barge before, during, and after the scheduled event. The Coast Guard is
proposing this rulemaking under authority in 46 U.S.C. 70034.

III. Discussion of Proposed Rule

    The COTP is proposing to establish a safety zone from 9:15 to 10
p.m. on July 3, 2023, or a rain date of July 5, 2023. The safety zone
would cover all navigable waters within 300 yards of a barge in the
Delaware Bay located at approximate position latitude 38[deg]59'7.08''
N, longitude 074[deg]57'49.47'' W. The duration of the zone is intended
to ensure the safety of vessels and these navigable waters before,
during, and after the scheduled 9:30 to 9:50 p.m. fireworks display. No
vessel or person would be permitted to enter the safety zone without
obtaining permission from the COTP or a designated representative. The
regulatory text we are proposing appears at the end of this document.

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).
    This regulatory action determination is based on the following
factors: (1) although persons and vessels may not enter, transit
through, anchor in, or remain within the safety zone without
authorization from the COTP Delaware Bay or a designated
representative, they may operate in the surrounding area during the
enforcement period; (2) persons and vessels will still be able to
enter, transit through, anchor in, or remain within the regulated area
if authorized by the COTP Delaware Bay; and (3) the Coast Guard will
provide advance notification of the safety zone to the local maritime
community by Local Notice to Mariners and Broadcast Notice to Mariners.

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.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed 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 proposed 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 potential effects of
this proposed 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 a safety
zone lasting 45 minutes that would prohibit entry within 300 yards of a
fireworks barge. Normally, such actions are categorically excluded from
further review under paragraph L60(a) 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-2023-0192 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 the 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. Also, if you click on the Dockets tab and then the
proposed rule, you should see a ``Subscribe'' option for email alerts.
The option will notify you when comments are posted, or a final rule is
published.
    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 is
proposing 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, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.

0
2. Add Sec.  165.T05-0192 to read as follows:

Sec.  165.T05-0192  Safety Zone; Delaware Bay, Lower Township, NJ.

    (a) Location. All navigable waters within 300 yards of a barge in
the Delaware Bay located at approximate position latitude
38[deg]59'7.08'' N, longitude 074[deg]57'49.47'' W.
    (b) Definitions. As used in this section, ``designated
representative'' means a Coast Guard Patrol Commander, including a
Coast Guard petty officer, warrant or commissioned officer on board a
Coast Guard vessel or on board a federal, state, or local law
enforcement vessel assisting the Captain of the Port (COTP), Sector
Delaware Bay in the enforcement of the safety zone.
    (c) Regulations.
    (1) Under the general safety zone regulations in subpart C of this
part, you may not enter the safety zone described in paragraph (a) of
this section unless authorized by the COTP or the COTP's designated
representative.
    (2) To seek permission to enter or remain in the zone, contact the
COTP or the COTP's representative via VHF-FM channel 16 or 215-271-
4807. Those in the safety zone must comply with all lawful orders or
directions given to them by the COTP or the COTP's designated
representative.
    (3) No vessel may take on bunkers or conduct lightering operations
within the safety zone during its enforcement period.
    (4) This section applies to all vessels except those engaged in law
enforcement, aids to navigation servicing, and emergency response
operations.
    (d) Enforcement. The U.S. Coast Guard may be assisted in the patrol
and enforcement of the safety zone by Federal, State, and local
agencies.
    (e) Enforcement period. This zone will be enforced from
approximately 9:15 to 10 p.m. on July 3, 2023, or a rain date of July
5, 2023.

    Dated: March 30, 2023.
Jonathan D. Theel,
Captain, U.S. Coast Guard, Captain of the Port, Sector Delaware Bay.
[FR Doc. 2023-07054 Filed 4-4-23; 8:45 am]
BILLING CODE 9110-04-P