[Federal Register Volume 76, Number 149 (Wednesday, August 3, 2011)]
[Proposed Rules]
[Pages 46678-46683]
[FR Doc No: 2011-19412]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 721

[EPA-HQ-OPPT-2011-0108; FRL-8878-3]
RIN 2070-AB27

Tris carbamoyl triazine; Proposed Modification of Significant New
Uses

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: Under section 5(a)(2) of the Toxic Substances Control Act
(TSCA), EPA is proposing to amend the significant new use rule (SNUR)
for the chemical substance identified generically as tris carbamoyl
triazine, which was the subject to premanufacture notice (PMN) P-95-
1098. This action would amend the SNUR to allow certain uses without
requiring a significant new use notice (SNUN), and would extend SNUN
requirements to certain additional uses. EPA is proposing this
amendment based on review of new toxicity test data.

DATES: Comments must be received on or before September 2, 2011.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPPT-2011-0108, 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-2011-0108. 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-
2011-0108. 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 Web site 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.
    Docket: All documents in the docket are listed in the docket index
available at http://www.regulations.gov. 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
legal holidays. The telephone number of the EPA/DC Public Reading Room
is<PHONE_NUMBER>, and the telephone number for the OPPT Docket is
(202) 566-0280. Docket visitors are required to show photographic
identification, pass through a metal detector, and sign the EPA visitor
log. All visitor bags are processed through an X-ray machine and
subject to search. Visitors will be provided an EPA/DC badge that must
be visible at all times in the building and returned upon departure.

FOR FURTHER INFORMATION CONTACT: For technical information contact:
Tracey Klosterman, Chemical Control Division (7405M), Office of
Pollution Prevention and Toxics, Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:
(202) 564-2209; e-mail address<EMAIL_ADDRESS>    For general information contact: The TSCA-Hotline, ABVI-Goodwill,
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202)
554-1404; e-mail 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,
import, process, or use the chemical substance identified generically
as tris carbamoyl triazine (PMN P-95-1098). Potentially affected
entities may include, but are not limited to:
     Manufacturers, importers, or processors of the subject
chemical substance (NAICS codes 325 and 324110), e.g., chemical
manufacturers and petroleum refineries.
    This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. To determine
whether you or your business may be affected by this action, you should
carefully examine the applicability provisions in Sec.  721.5. If you
have any questions regarding the applicability of this action to a
particular entity, consult the technical person listed under FOR
FURTHER INFORMATION CONTACT.
    This action may also affect certain entities through pre-existing
import certification and export notification rules under TSCA. Chemical
importers are subject to the TSCA section 13 (15 U.S.C. 2612) import
certification requirements promulgated at 19 CFR 12.118 through 12.127;
see also 19 CFR 127.28. Chemical importers must certify that the
shipment of the chemical substance complies with all applicable rules
and orders under TSCA. Importers of chemicals subject to a final SNUR
must certify their compliance with the SNUR requirements. The EPA
policy in support of import certification appears at 40 CFR part 707,
subpart B. In addition, any persons who export or intend to export a
chemical substance that is the subject of a proposed or final SNUR are
subject to the export notification provisions of TSCA section 12(b) (15
U.S.C. 2611(b)) (see Sec.  721.20), and must comply with the export
notification requirements in 40 CFR part 707, subpart D.

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

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or 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 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. Background

A. What action is the agency taking?

    In the Federal Register of August 20, 1998 (63 FR 44562) (FRL-5788-
7), EPA published a final SNUR (codified at Sec.  721.9719) for the
chemical substance identified generically as tris carbamoyl triazine
(PMN P-95-1098), in accordance with the procedures at Sec.  721.160.
    EPA is proposing to amend the requirements of the SNUR as detailed
in

this unit. The modified SNUR would require persons who intend to
manufacture, import, or process the chemical substance for an activity
designated as a significant new use to notify EPA at least 90 days
before commencing that activity. The docket established for this
proposed SNUR is available under docket ID number EPA-HQ-OPPT-2011-
0108. The docket includes information considered by the Agency in
developing the final rule and the modified TSCA section 5(e) consent
order negotiated with the PMN submitter.
PMN Number P-95-1098
    Chemical name: Tris carbamoyl triazine (generic).
    CAS number: Not available.
    Effective date of the TSCA section 5(e) consent order: April 25,
1997.
    Effective date of the modified TSCA section 5(e) consent order:
December 1, 2010.
    Federal Register publication date and reference for the final SNUR:
August 20, 1998 (63 FR 44562).
    Basis for the modified TSCA section 5(e) consent order: The generic
(non-confidential) use of the PMN substance is as a cross linking
resin. The original TSCA section 5(e) consent order was issued under
sections 5(e)(1)(A)(i), 5(e)(1)(A)(ii)(I), and 5(e)(1)(A)(ii)(II) based
on the findings that the chemical substance may present an unreasonable
risk of injury to the environment, that it will be produced in
substantial quantities, and there may be significant or substantial
human exposure to the chemical substance. The original 5(e) consent
order required establishment of a hazard communication program;
established a maximum manufacture and importation volume limit for
submission of required human health testing; and prohibited purposeful
or predictable releases of the PMN substance in concentrations that
exceed 40 parts per billion (ppb) in surface waters. The proposed SNUR
for this chemical substance is based on and consistent with the
provisions of the modified TSCA section 5(e) consent order, discussed
below. The proposed SNUR designates as a ``significant new use'' the
absence of the protective measures required in the corresponding
modified consent order.
    Human Health Toxicity Concerns: During the initial PMN review
process, EPA established a no-observable-effect level (NOEL) of 15 mg/
kg/day and a lowest-observable-effect level (LOEL) of 150 mg/kg/day for
systemic effects based on the results of a 28-day inhalation study in
rats on the PMN substance, but did not determine that the PMN substance
may present an unreasonable risk to human health as a result of
expected exposure. However, the TSCA section 5(e) consent order
required the PMN submitter to complete and submit a prenatal
developmental toxicity study at a certain production volume limit. This
is consistent with the exposure-based finding pursuant to section
5(e)(1)(A)(ii)(II) of TSCA. The PMN submitter completed this study and
based on the results the Agency established a NOEL of 30 mg/kg/day for
maternal toxicity and 1,000 mg/kg/day for fetal toxicity. Using the
results from both this prenatal developmental study and the earlier 28-
day study, the Agency then reevaluated the predicted workplace
exposures and determined that there may be an unreasonable risk of
maternal and systemic toxicity resulting from unprotected inhalation
exposure to the PMN substance.
    Ecotoxicity Concerns: In addition, to address Agency environmental
concerns, the PMN submitter completed a fish early-life stage toxicity
test and a daphnid chronic toxicity test on the PMN substance. During
the initial review of the PMN, EPA's preliminary Ecological Structural
Activity Relationship (EcoSAR) analysis of test data on structurally
analogous substances resulted in a predicted toxicity to aquatic
organisms at concentrations that exceed the concentration of concern
(COC) of 40 ppb of the PMN substance in surface waters. Based on the
results of the submitted fish and daphnid tests, fish were identified
as the most sensitive species and a revised COC for aquatic toxicity of
66 ppb was established. Based on the revised COC, EPA then performed
environmental modeling assessments for the PMN releases to surface
waters and determined that the new COC would not be exceeded under
expected conditions of manufacture, import, processing, distribution in
commerce, use or disposal of the PMN substance.
    The Agency concluded, after examining this new information and
reexamining the test data and other information supporting its findings
under section 5(e)(1)(A)(ii)(I) of TSCA in the original TSCA section
5(e) consent order, that the finding that certain activities involving
the substance may present an unreasonable risk of injury to the
environment is no longer supported. The Agency also concluded that
certain additional activities involving the substance may present an
unreasonable risk of injury to human health, pursuant to
5(e)(1)(A)(ii)(I). To conform with these findings and to protect
against the remaining potential risks, the Agency has modified the TSCA
section 5(e) consent order (``modified order''); these modifications
became effective on December 1, 2010. The modified TSCA section 5(e)
consent order:
    1. Identifies those forms of the PMN substance that are exempt from
the provisions of the consent order. These exemptions apply to
quantities of the PMN substance after it has been completely reacted
(cured).
    2. Adds protection in the workplace requirements for respiratory
protection and alternative New Chemical Exposure Limit (NCEL) exposure
monitoring to address the newly-identified potential risks from
inhalation exposure in the workplace.
    3. Revises the hazard communication requirements to add the human
health hazard and exposures and remove the environmental hazards and
exposures.
    4. Removes all release to water requirements.
    5. Revises the recordkeeping requirements to reflect the
aforementioned modified consent order requirements.
    The proposed rule would conform to the scope of the significant new
uses in the SNUR to mirror the modified consent order.
    Recommended testing: EPA has determined that the results of the 90-
day inhalation toxicity test in rats (OPPTS Test Guideline 870.3465)
would help further characterize the human health effects of the PMN
substance. The modified TSCA section 5(e) consent order does not
require submission of the aforementioned information at any specified
time or production volume. However, the order's restrictions on
manufacturing, import, processing, distribution in commerce, use and
disposal of the PMN substance will remain in effect until the order is
modified or revoked by EPA based on submission of that or other
relevant information.

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

    Section 5(a)(2) of TSCA (15 U.S.C. 2604(a)(2)) authorizes EPA to
determine that a use of a chemical substance is a ``significant new
use.'' EPA must make this determination by rule after considering all
relevant factors, including the TSCA section 5(a)(2) factors, listed in
Unit III. of this document. Once EPA determines that a use of a
chemical substance is a significant new use, TSCA section 5(a)(1)(B)
and 40 CFR part 721 requires persons to submit a significant new use
notice (SNUN) to EPA at least 90 days before they manufacture, import,
or process the chemical substance for that

use. Persons who must report are described in Sec.  721.5.
    EPA may respond to SNUNs by, among other things, issuing or
modifying a TSCA section 5(e) consent order and/or amending the SNUR
promulgated under TSCA section 5(a)(2). Amendment of the SNUR will
often be necessary to allow persons other than the SNUN submitter to
engage in the newly authorized use(s), because even after a person
submits a SNUN and the review period expires, other persons still must
submit a SNUN before manufacturing on processing for the significant
new use. Procedures and criteria for modifying or revoking SNUR
requirements appear at Sec.  721.185.

III. Significant New Use Determination

    Section 5(a)(2) of TSCA states that EPA's determination that a use
of a chemical substance is a significant new use must be made after
consideration of all relevant factors, including:
     The projected volume of manufacturing and processing of a
chemical substance.
     The extent to which a use changes the type or form of
exposure to human beings or the environment to a chemical substance.
     The extent to which a use increases the magnitude and
duration of exposure of human beings or the environment to a chemical
substance.
     The reasonably anticipated manner and methods of
manufacturing, processing, distribution in commerce, and disposal of a
chemical substance.
    In addition to these factors enumerated in TSCA section 5(a)(2),
the statute authorizes EPA to consider any other relevant factors.
    To determine what would constitute a significant new use for the
chemical substance identified generically as Tris carbamoyl triazine
(PMN P-95-1098), EPA considered relevant information about the toxicity
of the chemical substance, likely human exposures and environmental
releases associated with possible uses, taking into consideration the
four bulleted TSCA section 5(a)(2) factors listed in this unit.

IV. Rationale for the Proposed Rule

    During review of PMN P-95-1098, the chemical substance identified
generically as tris carbamoyl triazine, EPA concluded that regulation
was warranted under TSCA section 5(e), pending the development of
information sufficient to make reasoned evaluations of the health or
environmental effects of this chemical substance. The basis for such
findings is outlined in Unit II. of this notice and in the Federal
Register document of August 20, 1998 (63 FR 44562) (FRL-5788-7). Based
on these findings, a TSCA section 5(e) consent order requiring the use
of appropriate exposure controls were negotiated with the PMN
submitter. The SNUR provisions for this chemical substance are
consistent with the provisions of the original TSCA section 5(e)
consent order. This SNUR was promulgated pursuant to Sec.  721.160.
    After the review of test data submitted pursuant to the TSCA
section 5(e) consent order for P-95-1098 (see Unit II.) and
consideration of the factors included in TSCA section 5(a)(2) (see Unit
III.), EPA determined that the chemical substance may pose an
unreasonable risk to human health, but no longer may present an
unreasonable risk to the environment. Consequently, EPA is proposing
this modification to the SNUR at Sec.  721.9719 according to procedures
in Sec. Sec.  721.160 and 721.185 so that SNUR provisions for this
chemical substance remain consistent with the provisions of the TSCA
section 5(e) consent order, as modified.

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

    To establish a significant ``new'' use, EPA must determine that the
use is not ongoing. EPA solicits comments on whether any of the uses
proposed as significant new uses are ongoing. As discussed in the
Federal Register of April 24, 1990 (55 FR 17376), EPA has decided that
the intent of section 5(a)(1)(B) of TSCA is best served by designating
a use as a significant new use as of the date of publication of the
proposed rule, rather than as of the effective date of the final rule.
If uses begun after publication of the proposed rule were considered
ongoing rather than new, it would be difficult for EPA to establish
SNUR notice requirements, because a person could defeat the SNUR by
initiating the significant new use before the rule became final, and
then argue that the use was ongoing as of the effective date of the
final rule.
    Thus, any persons who begin commercial manufacture, import, or
processing activities with the chemical substances that are not
currently a significant new use under the current rule but which would
be regulated as a ``significant new use'' if this proposed rule if this
rule is finalized, must cease any such activity as of the effective
date of the rule if and when finalized. To resume their activities,
these persons would have to comply with all applicable SNUR notice
requirements and wait until the notice review period, including all
extensions, expires.
    EPA has promulgated provisions to allow persons to comply with this
SNUR before the effective date. If a person were to meet the conditions
of advance compliance under Sec.  721.45(h), the person would be
considered to have met the requirements of the final SNUR for those
activities.

VI. Test Data and Other Information

    EPA recognizes that TSCA section 5 does not require the development
of any particular test data before submission of a SNUN. There are two
exceptions:
    1. Development of test data is required where the chemical
substance subject to the SNUR is also subject to a test rule under TSCA
section 4 (see TSCA section 5(b)(1)).
    2. Development of test data may be necessary where the chemical
substance has been listed under TSCA section 5(b)(4) (see TSCA section
5(b)(2)).
    In the absence of a TSCA section 4 test rule or a TSCA section
5(b)(4) listing covering the chemical substance, persons are required
only to submit test data in their possession or control and to describe
any other data known to or reasonably ascertainable by them (see Sec.
720.50). However, upon review of PMNs and SNUNs, the Agency has the
authority to require appropriate testing. In this case, EPA recommends
persons, before performing any testing, to consult with the Agency
pertaining to protocol selection. To access the Harmonized Test
Guidelines referenced in this document electronically, please go to
http://www.epa.gov/ocspp and select ``Test Methods and Guidelines.''
    The modified TSCA section 5(e) consent order for the chemical
substance that would be regulated under this proposed rule does not
require submission of the test at any specified time or volume.
However, the restrictions on manufacture, import, processing,
distribution in commerce, use and disposal of the PMN substance would
remain in effect until the consent order is modified or revoked by EPA
based on submission of that or other relevant information. These
restricted activities cannot be commenced unless the PMN submitter
first submits the results of toxicity tests that would permit a
reasoned evaluation of the potential risks posed by this chemical
substance. The test specified in the modified TSCA section 5(e) consent
order is included in Unit II. The proposed SNUR would contain the same
restrictions as the modified TSCA section 5(e) consent order. Persons
who intend to commence non-exempt commercial manufacture, import, or
processing for those activities proposed as significant new uses would
be

required to notify the Agency by submitting a SNUN at least 90 days in
advance of commencement of those activities.
    The recommended testing specified in Unit II. of this document may
not be the only means of addressing the potential risks of the chemical
substance. However, SNUNs submitted without any test data may increase
the likelihood that EPA will take action under TSCA section 5(e),
particularly if satisfactory test results have not been obtained from a
prior PMN or SNUN submitter. EPA recommends that potential SNUN
submitters contact EPA early enough so that they will be able to
conduct the appropriate tests.
    SNUN submitters should be aware that EPA will be better able to
evaluate SNUNs which provide detailed information on the following:
     Human exposure and environmental release that may result
from the significant new use of the chemical substance.
     Potential benefits of the chemical substance.
     Information on risks posed by the chemical substance
compared to risks posed by potential substitutes.

VII. SNUN Submissions

    According to 40 CFR 721.1(c), persons submitting a SNUN must comply
with the same notice requirements and EPA regulatory procedures as
persons submitting a PMN, including submission of test data on health
and environmental effects as described in Sec.  720.50. SNUNs must be
on EPA Form No. 7710-25, generated using e-PMN software, and submitted
to the Agency in accordance with the procedures set forth in Sec. Sec.
721.25 and 720.40. E-PMN software is available electronically at http://www.epa.gov/opptintr/newchems.

VIII. Economic Analysis

    EPA evaluated the potential costs of establishing SNUN requirements
for potential manufacturers, importers, and processors of the chemical
substances during the development of the direct final rule. The
Agency's complete Economic Analysis is available in the docket under
docket ID number EPA-HQ-OPPT-2011-0108.

IX. Statutory and Executive Order Reviews

A. Executive Order 12866

    This proposed rule would modify a SNUR for a chemical substance
that is the subject of a PMN and TSCA section 5(e) consent order. The
Office of Management and Budget (OMB) has exempted these types of
actions from review under Executive Order 12866, entitled Regulatory
Planning and Review (58 FR 51735, October 4, 1993).

B. Paperwork Reduction Act

    According to the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et
seq., an Agency may not conduct or sponsor, and a person is not
required to respond to a collection of information that requires OMB
approval under the PRA, unless it has been approved by OMB and displays
a currently valid OMB control number. The OMB control numbers for EPA's
regulations in title 40 of the CFR, after appearing in the Federal
Register, are listed in 40 CFR part 9, and included on the related
collection instrument or form, if applicable. EPA is amending the table
in 40 CFR part 9 to list the OMB approval number for the information
collection requirements contained in this proposed rule. This listing
of the OMB control numbers and their subsequent codification in the CFR
satisfies the display requirements of PRA and OMB's implementing
regulations at 5 CFR part 1320. This Information Collection Request
(ICR) was previously subject to public notice and comment prior to OMB
approval, and given the technical nature of the table, EPA finds that
further notice and comment to amend it is unnecessary. As a result, EPA
finds that there is ``good cause'' under section 553(b)(3)(B) of the
Administrative Procedure Act, 5 U.S.C. 553(b)(3)(B), to amend this
table without further notice and comment.
    The information collection 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 would not impose any burden
requiring additional OMB approval. If an entity were to submit a SNUN
to the Agency, the annual burden is estimated to average between 30 and
170 hours per response. This burden estimate includes the time needed
to review instructions, search existing data sources, gather and
maintain the data needed, and complete, review, and submit the required
SNUN.
    Send any comments about the accuracy of the burden estimate, and
any suggested methods for minimizing respondent burden, including
through the use of automated collection techniques, to the Director,
Collection Strategies Division, Office of Environmental Information
(2822T), Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001. Please remember to include the OMB control
number in any correspondence, but do not submit any completed forms to
this address.

C. Regulatory Flexibility Act

    Pursuant to section 605(b) of the Regulatory Flexibility Act (RFA)
(5 U.S.C. 601 et seq.), the Agency hereby certifies that promulgation
of this SNUR would not have a significant adverse economic impact on a
substantial number of small entities. The rationale supporting this
conclusion is discussed in this unit. 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 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 handful of notices per
year. For example, the number of SNUNs was four in Federal fiscal year
2005, eight in FY2006, six in FY2007, eight in FY2008, and seven in
FY2009. During this five-year period, three small entities submitted a
SNUN. In addition, the estimated reporting cost for submission of a
SNUN (see Unit VIII.) is minimal regardless of the size of the firm.
Therefore, the potential economic impacts of complying with this SNUR
would not be 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

    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 reason to believe that any
State, local, or Tribal government would be impacted by this proposed
rule. As such, EPA has determined that this proposed rule would not
impose any enforceable duty,

contain any unfunded mandate, or otherwise have any effect on small
governments subject to the requirements of sections 202, 203, 204, or
205 of the Unfunded Mandates Reform Act of 1995 (UMRA) (Pub. L. 104-4).

E. Executive Order 13132

    This action would not have a substantial direct effect on States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government, as specified in Executive Order 13132, entitled
Federalism (64 FR 43255, August 10, 1999).

F. Executive Order 13175

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

G. Executive Order 13045

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

H. Executive Order 13211

    This proposed rule is not subject to Executive Order 13211,
entitled Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use (66 FR 28355, May 22, 2001),
because this action is not expected to affect energy supply,
distribution, or use and because this action is not a significant
regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act

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

J. Executive Order 12898

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

List of Subjects in 40 CFR Part 721

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

    Dated: July 22, 2011.
Wendy C. Hamnett,
Director, Office of Pollution Prevention and Toxics.

    Therefore, 40 CFR part 721 is proposed to be amended as follows:

PART 721--[AMENDED]

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

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

    2. Amend Sec.  [emsp14]721.9719 as follows:
    a. Revise the section heading.
    b. Revise paragraphs (a)(1), (a)(2)(i), and (a)(2)(ii).
    c. Remove paragraph (a)(2)(iii).
    d. Revise paragraph (b)(1).
    e. Remove paragraph (b)(3).
    The revisions and addition read as follows:

Sec.  721.9719  Tris carbamoyl triazine.

    (a) * * *
    (1) The chemical substance identified generically as tris carbamoyl
triazine (PMN P-95-1098) is subject to reporting under this section for
the significant new uses described in paragraph (a)(2) of this section.
The requirements of this rule do not apply to quantities of the
chemical substance after it has been completely reacted (cured).
    (2) * * *
    (i) Protection in the workplace. Requirements as specified in Sec.
721.63 (a)(4), (a)(5), (a)(6)(v), (b) (concentration set at 1.0
percent), and (c). Respirators must provide a National Institute for
Occupational Safety and Health (NIOSH) assigned protection factor (APF)
of at least 5. As an alternative to the respiratory requirements
listed, a manufacturer, importer, or processor may choose to follow the
new chemical exposure limit (NCEL) provisions listed in the Toxic
Substances Control Act (TSCA) section 5(e) consent order for this
substance. The NCEL is 1.0 mg/m\3\ as an 8-hour time weighted average.
Persons who wish to pursue NCELs as an alternative to the Sec.  721.63
respirator requirements may request to do so under Sec.  721.30.
Persons whose Sec.  721.30 requests to use the NCELs approach are
approved by EPA will receive NCELs provisions comparable to those
contained in the corresponding section 5(e) consent order. The
following NIOSH-certified respirators meet the requirements for Sec.
721.63(a)(4):
    (A) Air purifying, tight-fitting half-face respirator equipped with
the appropriate combination cartridges; cartridges should be tested and
approved for the gas/vapor substance (i.e., organic vapor, acid gas, or
substance-specific cartridge) and should include a particulate filter
(N100 if oil aerosols are absent, R100, or P100);
    (B) Air purifying, tight-fitting full-face respirator equipped with
the appropriate combination cartridges, cartridges should be tested and
approved for the gas/vapor substance (i.e., organic vapor, acid gas, or
substance-specific cartridge) and should include a particulate filter
(N100 if oil aerosols are absent, R100, or P100);
    (C) Powered air-purifying respirator equipped with loose-fitting
hood or helmet equipped with a High Efficiency Particulate Air (HEPA)
filter; powered air-purifying respirator equipped with tight-fitting
facepiece (either half-face or full-face) equipped with a High
Efficiency Particulate Air (HEPA) filter;
    (D) Supplied-air respirator operated in pressure demand or
continuous flow mode and equipped with a hood or helmet, or tight-
fitting face piece (either half-face or full-face).
    (ii) Hazard communication program. Requirements as specified in
Sec.  721.72 (a), (b), (c), (d), (e) (concentration set at 1.0
percent), (f), (g)(1)(ii), (g)(1)(iv), (g)(1)(ix), (g)(2)(ii),
(g)(2)(iv), and (g)(5).
    (b) * * *
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125 (a), (b), (c), (d), (f), (g), and (h) are applicable to
manufacturers, importers, and processors of this substance.
* * * * *
[FR Doc. 2011-19412 Filed 8-2-11; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 83, Number 177 (Wednesday, September 12, 2018)]
[Notices]
[Pages 46159-46160]
[FR Doc No: 2018-19869]

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

[EPA-HQ-OPP-2018-0576; FRL-9982-39]

Pesticide Product Registration; Receipt of Applications for New
Uses

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: EPA has received applications to register new uses for
pesticide products containing currently registered active ingredients.
Pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act
(FIFRA), EPA is hereby providing notice of receipt and opportunity to
comment on these applications.

DATES: Comments must be received on or before October 12, 2018.

ADDRESSES: Submit your comments, identified by the Docket
Identification (ID) Number and the File Symbol or EPA Registration
Number of interest as shown in the body of this document, by one of the
following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW, Washington, DC
20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.html.
    Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Robert McNally, Biopesticides and
Pollution Prevention Division (7511P), main telephone number: (703)
305-7090, email address: [email protected]; or Michael Goodis,
Registration Division (7505P), main telephone number:<PHONE_NUMBER>,
email address: [email protected]. The mailing address for each
contact person is: Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-
0001. As part of the mailing address, include the contact person's
name, division, and mail code. The division to contact is listed at the
end of each application summary.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
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:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).

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

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a

copy of the comment that does not contain the information claimed as
CBI must be submitted for inclusion in the public docket. Information
so marked will not be disclosed except in accordance with procedures
set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When preparing and submitting
your comments, see the commenting tips at http://www.epa.gov/dockets/comments.html.

II. Registration Applications

    EPA has received applications to register new uses for pesticide
products containing currently registered active ingredients. Pursuant
to the provisions of FIFRA section 3(c)(4) (7 U.S.C. 136a(c)(4)), EPA
is hereby providing notice of receipt and opportunity to comment on
these applications. Notice of receipt of these applications does not
imply a decision by the Agency on these applications.

III. New Uses

    1. EPA Registration Numbers: 264-1143 and 264-1141. Docket ID
number: EPA-HQ-OPP-2013-0226. Applicant: Bayer CropScience LP, P.O. Box
12014, 2 TW Alexander Dr., Research Triangle Park, NC 27709. Active
ingredient: Flupyradifurone. Product type: Insecticide. Proposed use:
tobacco. Contact: RD.
    2. File Symbol: 92331-E. Docket ID number: EPA-HQ-OPP-2018-0521.
Applicant: Eden Research plc, 6 Priory Ct., Priory Court Business Park,
Poulton, Cirencester, GL7 5JB, United Kingdom (c/o SciReg, Inc., 12733
Director's Loop, Woodbridge, VA 22192). Active ingredient: Thymol.
Product type: Fungicide and nematocide. Proposed use: For manufacturing
or formulating of products to be used on grapes (table, wine, and
raisin), fruiting vegetables, and cucurbits. Contact: BPPD.
    3. File Symbol: 92331-G. Docket ID number: EPA-HQ-OPP-2018-0519.
Applicant: Eden Research plc, 6 Priory Ct., Priory Court Business Park,
Poulton, Cirencester, GL7 5JB, United Kingdom (c/o SciReg, Inc., 12733
Director's Loop, Woodbridge, VA 22192). Active ingredient: Eugenol.
Product type: Fungicide. Proposed use: For manufacturing or formulating
of products to be used on grapes (table, wine, and raisin). Contact:
BPPD.
    4. File Symbol: 92331-R. Docket ID numbers: EPA-HQ-OPP-2018-0519
and EPA-HQ-OPP-2018-0521. Applicant: Eden Research plc, 6 Priory Ct.,
Priory Court Business Park, Poulton, Cirencester, GL7 5JB, United
Kingdom (c/o SciReg, Inc., 12733 Director's Loop, Woodbridge, VA
22192). Active ingredients: Thymol, eugenol, and geraniol. Product
type: Fungicide. Proposed use: Grapes (table, wine, and raisin).
Contact: BPPD.
    5. File Symbol: 92331-U. Docket ID number: EPA-HQ-OPP-2018-0521.
Applicant: Eden Research plc, 6 Priory Ct., Priory Court Business Park,
Poulton, Cirencester, GL7 5JB, United Kingdom (c/o SciReg, Inc., 12733
Director's Loop, Woodbridge, VA 22192). Active ingredients: Thymol and
geraniol. Product type: Nematocide. Proposed use: Fruiting vegetables
and cucurbits. Contact: BPPD.

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

    Dated: August 14, 2018.
Delores Barber,
Director, Information Technology and Resources Management Division,
Office of Pesticide Programs.
[FR Doc. 2018-19869 Filed 9-11-18; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 197 (Friday, October 13, 2023)]
[Notices]
[Page 71043]
[FR Doc No: 2023-22506]

=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-98692; File No. SR-PEARL-2023-35]

Self-Regulatory Organizations; MIAX PEARL, LLC; Notice of
Withdrawal of Proposed Rule Change To Amend the Fee Schedule To Modify
Certain Connectivity Fees and Ports Fees

October 5, 2023.
    On August 8, 2023, MIAX PEARL LLC (``MIAX Pearl Options'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act''),\1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to amend certain connectivity and port fees.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

    The proposed rule change was immediately effective upon filing with
the Commission pursuant to Section 19(b)(3)(A) of the Act.\3\ The
proposed rule change was published for comment in the Federal Register
on August 25, 2023.\4\ On September 29, 2023, pursuant to Section
19(b)(3)(C) of the Act,\5\ the Commission: (1) temporarily suspended
the proposed rule change; and (2) instituted proceedings under Section
19(b)(2)(B) of the Act \6\ to determinewhether to approve or disapprove
the proposed rule change.\7\ On October 2, 2023, the Exchange withdrew
the proposed rule change (SR-PEARL-2023-35).
---------------------------------------------------------------------------

    \3\ 15 U.S.C. 78s(b)(3)(A). A proposed rule change may take
effect upon filing with the Commission if it is designated by the
exchange as ``establishing or changing a due, fee, or other charge
imposed by the self-regulatory organization on any person, whether
or not the person is a member of the self-regulatory organization.''
15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ See Securities Exchange Act Release No. 98180 (August 21,
2023), 88 FR 58404.
    \5\ 15 U.S.C. 78s(b)(3)(C).
    \6\ 15 U.S.C. 78s(b)(2)(B).
    \7\ See Securities Exchange Act Release No. 98658, 88 FR 68770
(October 4, 2023).
    \8\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\8\
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-22506 Filed 10-12-23; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 97 (Monday, May 22, 2017)]
[Rules and Regulations]
[Page 23147]
[FR Doc No: 2017-10388]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2017-0269]

Safety Zones; Fireworks and Swim Events in Captain of the Port
New York Zone

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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

SUMMARY: The Coast Guard will enforce various safety zones within the
Captain of the Port New York Zone on the specified dates and times.
This action is necessary to ensure the safety of vessels, spectators
and participants from hazards associated with fireworks displays and
swim events. During the enforcement period, no person or vessel may
enter the safety zones without permission of the Captain of the Port
(COTP).

DATES: The regulation for the safety zones described in 33 CFR 165.160
will be enforced on the dates and times listed in the table below.

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice,
call or email Petty Officer First Class Ronald Sampert U.S. Coast
Guard; telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the safety
zones listed in 33 CFR 165.160 on the specified dates and times as
indicated in Tables 1 and 2 below.

                                 Table 1
------------------------------------------------------------------------

------------------------------------------------------------------------
1. Heritage of Pride 2017, Pier 40,       Launch site: A barge
 Hudson River Safety Zone, 33 CFR         located in approximate
 165.160(5.14).                           position 40[deg]43'30'' N.
                                          074[deg]01'06.7'' W. (NAD
                                          1983), in the vicinity of the
                                          Holland Tunnel Ventilator, 530
                                          yards south of Pier 40,
                                          Manhattan, New York. This
                                          Safety Zone is a 360-yard
                                          radius from the barge.
                                          Date: June 25, 2017.
                                          Time: 9:45 p.m.-10:00
                                          p.m.
2. Briggs Inc. GCC, South Ellis Island    Launch site: A barge
 Safety Zone, 33 CFR 165.160(2.3).        located in approximate
                                          position 40[deg]41'39.9'' N.,
                                          074[deg]02'33.7'' W. (NAD
                                          1983), approximately 260 yards
                                          south of Ellis Island. This
                                          Safety Zone is a 360-yard
                                          radius from the barge.
                                          Date: June 27, 2017.
                                          Time: 10:20 p.m.-10:30
                                          p.m.
3. Central Astoria, Wards Island, East    Launch site: A barge
 River Safety Zone, 33 CFR 165.160(4.1).  located in approximate
                                          position 40[deg]46'57.8'' N.
                                          073[deg]55'28.6'' W. (NAD
                                          1983), approximately 330 yards
                                          north of the Robert F. Kennedy
                                          Bridge (Triborough Bridge)
                                          Bridge. This Safety Zone is a
                                          150-yard radius from the
                                          barge.
                                          Date: June 29, 2017.
                                          Time: 9:00 p.m.-10:00
                                          p.m.
4. PGA Tour Inc., Ellis Island Safety     Launch site: A barge
 Zone, 33 CFR 165.160(2.2).               located between Federal
                                          Anchorages 20-A and 20-B, in
                                          approximate position
                                          40[deg]41'45'' N.
                                          074[deg]02'09'' W. (NAD 1983)
                                          about 365 yards east of Ellis
                                          Island. This Safety Zone is a
                                          360-yard radius from the
                                          barge.
                                          Date: September 27,
                                          2017.
                                          Time: 9:00 p.m.-9:30
                                          p.m.
------------------------------------------------------------------------

                                 Table 2
------------------------------------------------------------------------

------------------------------------------------------------------------
1. Swim Across America Swim Event, 33     Location: Participants
 CFR 165.160(3.1), Date: July 29, 2017.   will swim between Glen Cove
                                          and Larchmont, New York and an
                                          area of Hempstead Harbor
                                          between Glen Cove and the
                                          vicinity of Umbrella Point.
                                          This Safety Zone includes all
                                          waters within a 100-yard
                                          radius of each participating
                                          swimmer.
                                          Date: July 29, 2017.
                                          Time: 5:30 a.m.-12:00
                                          p.m.
2. Newburgh Beacon Swim Swim Event, 33    Location: Participants
 CFR 165.160(1.2), Date: August 12,       will cross the Hudson River
 2017.                                    between Newburgh and Beacon,
                                          New York approximately 1300
                                          yards south of the Newburgh-
                                          Beacon Bridges. This Safety
                                          Zone includes all waters
                                          within a 100-yard radius of
                                          each participating swimmer.
                                          Date: August 12, 2017.
                                          Time: 11:15 a.m.-2:15
                                          p.m.
------------------------------------------------------------------------

    Under the provisions of 33 CFR 165.160, vessels may not enter the
safety zones unless given permission from the COTP or a designated
representative. Spectator vessels may transit outside the safety zones
but may not anchor, block, loiter in, or impede the transit of other
vessels. The Coast Guard may be assisted by other Federal, State, or
local law enforcement agencies in enforcing this regulation.
    This notice is issued under authority of 33 CFR 165.160(a) and 5
U.S.C. 552 (a). In addition to this notice in the Federal Register, the
Coast Guard will provide mariners with advanced notification of
enforcement periods via the Local Notice to Mariners and marine
information broadcasts. If the COTP determines that a safety zone need
not be enforced for the full duration stated in this notice, a
Broadcast Notice to Mariners may be used to grant general permission to
enter the safety zone.

    Dated: May 4, 2017.
M.H. Day,
Captain, U.S. Coast Guard, Captain of the Port New York.
[FR Doc. 2017-10388 Filed 5-19-17; 8:45 am]
 BILLING CODE 9110-04-P