[Federal Register: July 16, 2010 (Volume 75, Number 136)]
[Proposed Rules]
[Page 41421-41424]
[DOCID:fr16jy10-18]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 191 and 194

[EPA-HQ-OAR-2009-0330; FRL-9175-6]

Notification of Completeness of the Department of Energy's
Compliance Recertification Application for the Waste Isolation Pilot
Plant

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of determination and close of public comment period.

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SUMMARY: The Environmental Protection Agency (EPA, ``we'' or ``the
Agency'') has determined that the Department of Energy's (DOE)
Compliance Recertification Application (CRA or ``application'') for the
Waste Isolation Pilot Plant (WIPP) is complete. EPA provided written
notice of the completeness decision to the Secretary of Energy on June
29, 2010. The text of the letter is contained in the SUPPLEMENTARY
INFORMATION. The Agency has determined that the application is
complete, in accordance with 40 CFR part 194, ``Criteria for the
Certification and Recertification of the WIPP's Compliance with the 40
CFR part 191 Disposal Regulations'' (Compliance Certification
Criteria). The completeness determination is an administrative step
that is required by regulation, and it does not imply in any way that
the CRA demonstrates compliance with the Compliance Criteria and/or the
disposal regulations. EPA is now engaged in the full technical review
that will determine if WIPP remains in compliance with the disposal
regulations. As required by the 1992 WIPP Land Withdrawal Act and our
implementing regulations, EPA will make a final recertification
decision within six months of issuing the completeness letter to the
Secretary of Energy.

DATES: EPA opened the public comment period upon receipt of the 2009
CRA (74 FR 28468, June 16, 2009). Comments must be received on or
before August 16, 2010.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2009-0330, by one of the following methods:
     http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
     E-mail: to<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER>.
     Mail: Air and Radiation Docket and Information Center,
Environmental Protection Agency, Mailcode: 6102T, 1200 Pennsylvania
Ave., NW., Washington, DC 20460.
    Instructions: Direct your comments to Attn: Docket ID No. EPA-HQ-
OAR-2009-0330. The Agency's policy is that all comments received will
be included in the public docket without change and may be made
available online 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 http://
www.regulations.gov or e-mail. The http://www.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 http://www.regulations.gov your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public 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 http://
www.regulations.gov index. 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. As provided in EPA's regulations at 40 CFR
part 2, and in accordance with normal EPA docket procedures, if copies
of any docket materials are requested, a reasonable fee may be charged
for photocopying.

FOR FURTHER INFORMATION CONTACT: Ray Lee, Radiation Protection
Division, Center for Radiation Information and Outreach, Mail Code
6608J, U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue,
Washington, DC 20460; telephone number:<PHONE_NUMBER>; fax number: 202-
343-2305; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

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

    1. Submitting CBI. Do not submit this information to EPA through
www.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:
     Identify the rulemaking by docket number and other
identifying information (subject heading, Federal Register date and
page number).
     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.
     Explain why you agree or disagree; suggest alternatives
and substitute language for your requested changes.
     Describe any assumptions and provide any technical
information and/or data that you used.
     If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow for it to be
reproduced.
     Provide specific examples to illustrate your concerns, and
suggest alternatives.
     Explain your views as clearly as possible, avoiding the
use of profanity or personal threats.
     Make sure to submit your comments by the comment period
deadline identified.

II. Background

    The Waste Isolation Pilot Plant (WIPP) was authorized in 1980,
under section 213 of the DOE National Security and Military
Applications of Nuclear Energy Authorization Act of 1980 (Pub. L. 96-
164, 93 Stat. 1259, 1265), ``for the express purpose of providing a
research and development facility to demonstrate the safe disposal of
radioactive wastes resulting from the defense activities and programs
of the United States.'' WIPP is a disposal system for transuranic (TRU)
radioactive waste. Developed by DOE, WIPP is located near Carlsbad in
southeastern New Mexico. TRU waste is emplaced 2,150 feet underground
in an ancient layer of salt that will eventually ``creep'' and
encapsulate the waste containers. WIPP has a total capacity of 6.2
million cubic feet of TRU waste.
    The 1992 WIPP Land Withdrawal Act (LWA; Pub. L. 102-579) \1\ limits
radioactive waste disposal in WIPP to TRU radioactive wastes generated
by defense-related activities. TRU waste is defined as waste containing
more than 100 nano-curies per gram of alpha-emitting radioactive
isotopes, with half-lives greater than twenty years and atomic numbers
greater than 92. The WIPP LWA further stipulates that radioactive waste
shall not be TRU waste if such waste also meets the definition of high-
level radioactive waste, has been specifically exempted from regulation
with the concurrence of the Administrator, or has been approved for an
alternate method of disposal by the Nuclear Regulatory Commission. The
TRU radioactive waste proposed for disposal in WIPP consists of
materials such as rags, equipment, tools, protective gear, and sludges
that have become contaminated during atomic energy defense activities.
The radioactive component of TRU waste consists of man-made elements
created during the process of nuclear fission, chiefly isotopes of
plutonium. Some TRU waste is contaminated with hazardous wastes
regulated under the Resource Conservation and Recovery Act (RCRA; 42
U.S.C. 6901-6992k). The waste proposed for disposal at WIPP derives
from Federal facilities across the United States, including locations
in Colorado, Idaho, New Mexico, Nevada, Ohio, South Carolina,
Tennessee, and Washington.
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    \1\ The 1992 WIPP Land Withdrawal Act was amended by the ``Waste
Isolation Pilot Plant Land Withdrawal Act Amendments,'' which were
part of the National Defense Authorization Act for Fiscal Year 1997.
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    WIPP must meet EPA's generic disposal standards at 40 CFR part 191,
subparts B and C, for high-level and TRU radioactive waste. These
standards limit releases of radioactive materials from disposal systems
for radioactive waste, and require implementation of measures to
provide confidence for compliance with the radiation release limits.
Additionally, the regulations limit radiation doses to members of the
public, and protect ground water resources by establishing maximum
concentrations for radionuclides in ground water. To determine whether
WIPP performs well enough to meet these disposal standards, EPA issued
the WIPP Compliance Criteria (40 CFR part 194) in 1996. The Compliance
Criteria interpret and implement the disposal standards specifically
for the WIPP site. They describe what information DOE must provide and
how EPA evaluates the WIPP's performance and provides ongoing
independent oversight. Thus, EPA implemented its environmental
radiation protection standards, 40 CFR part 191, by applying the WIPP
Compliance Criteria, 40 CFR part 194, to the disposal of TRU
radioactive waste at the WIPP. For more information about 40 CFR part
191, refer to Federal Register notices published in 1985 (50 FR 38066-
38089, Sep. 19, 1985) and 1993 (58 FR 66398-66416, Dec. 20, 1993). For
more information about 40 CFR part 194, refer to Federal Register
notices published in 1995 (60 FR 5766-5791, Jan. 30, 1995) and in 1996
(61 FR 5224-5245, Feb. 9, 1996).
    Using the process outlined in the WIPP Compliance Criteria, EPA
determined on May 18, 1998 (63 FR 27354), that DOE had demonstrated
that the WIPP facility will comply with EPA's radioactive waste
disposal regulations at subparts B and C of 40

CFR part 191. EPA's certification determination permitted WIPP to begin
accepting transuranic waste for disposal, provided that other
applicable conditions and environmental regulations were met. Disposal
of TRU waste at WIPP began in March 1999.
    Since the 1998 certification decision (and the initial
recertification decision in 2006) EPA has conducted ongoing independent
technical review and inspections of all WIPP activities related to
compliance with the EPA's disposal regulations. The certification
decision identified the starting (baseline) conditions for WIPP and
established the waste and facility characteristics necessary to ensure
proper disposal in accordance with the regulations. At that time, EPA
and DOE understood that future information and knowledge gained from
the actual operation of WIPP would result in changes to the best
practices and procedures for the facility.
    In recognition of this, section 8(f) of the amended WIPP LWA
requires EPA to evaluate all changes in conditions or activities at
WIPP every five years to determine if WIPP continues to comply with
EPA's disposal regulations for the facility. This determination is not
subject to standard rulemaking procedures or judicial review, as stated
in the aforementioned section of the WIPP Land Withdrawal Act. The
first recertification process (2004-2006) included a review of all of
the changes made at WIPP since the original 1998 EPA certification
decision up until the receipt of the initial CRA in March 2004. This
second recertification process includes a review of all the changes
made at the facility since March 2004.
    Recertification is not a reconsideration of the decision to open
WIPP, but a process to reaffirm that WIPP meets all requirements of the
disposal regulations. The recertification process will not be used to
approve any new significant changes proposed by DOE; any such proposals
will be addressed separately by EPA. Recertification will ensure that
WIPP is operated using the most accurate and up-to-date information
available and provides documentation requiring DOE to operate to these
standards.
    EPA received DOE's initial CRA on March 26, 2004, and subsequently
opened a public comment period on the application and the Agency's
intent to evaluate compliance with the disposal regulations and
compliance criteria in the Federal Register (69 FR 29646, May 24,
2004). Following a number of requests for additional information from
DOE, EPA issued its completeness determination on October 20, 2005 (70
FR 61107-61111). After analyzing public comments and completing its
technical review, the Agency then announced the first WIPP
recertification decision on March 29, 2006, via a letter to the
Secretary of Energy.
    EPA received DOE's second CRA on March 24, 2009, and announced the
Agency's intent to evaluate compliance with the disposal regulations
and compliance criteria in the Federal Register (74 FR 28468-28471,
June 16, 2009). At that time, EPA also began accepting public comments
on the application.
    In a letter dated June 29, 2010, from EPA's Director of the Office
of Radiation and Indoor Air to the Secretary of Energy, the Agency
notified DOE that the 2009 CRA for WIPP is complete. This determination
is solely an administrative measure and does not reflect any conclusion
regarding WIPP's continued compliance with the disposal regulations.
    This determination was made using a number of the Agency's WIPP-
specific guidances; most notably, the ``Compliance Application
Guidance'' (CAG; EPA Pub. 402-R-95-014) and ``Guidance to the U.S.
Department of Energy on Preparation for Recertification of the Waste
Isolation Pilot Plant with 40 CFR Parts 191 and 194'' (Docket A-98-49,
Item II-B3-14; December 12, 2000). Both guidance documents include
guidelines regarding: (1) Content of certification/recertification
applications; (2) documentation and format requirements; (3) time frame
and evaluation process; and (4) change reporting and modification. The
Agency developed these guidance documents to assist DOE with the
preparation of any compliance application for the WIPP. They are also
intended to assist in EPA's review of any application for completeness
and to enhance the readability and accessibility of the application for
EPA and public scrutiny.
    EPA has been reviewing the CRA for ``completeness'' since its
receipt. EPA's review identified several areas of the application where
additional information was necessary to perform a technical evaluation.
EPA sent five letters to DOE requesting additional information, which
are detailed below:
     May 21, 2009 (Docket ID: EPA-HQ-OAR-2009-0330-0004)--EPA
requested additional information on the performance assessment and
chemical portions of the CRA-2009.
     July 16, 2009 (Docket ID: EPA-HQ-OAR-2009-0330-0005)--EPA
requested additional information on waste inventory, performance
assessment calculations/code documentation, human intrusion, and
chemistry (including karst comments raised by stakeholders).
     October 19, 2009 (Docket ID: EPA-HQ-OAR-2009-0330-0006)--
EPA requested additional information on waste inventory, chemistry,
features/events/processes (FEPs), and performance assessment
paramaters/codes.
     January 25, 2010 (addendum to 5/21/09 letter via e-mail;
Docket ID: EPA-HQ-OAR-2009-0330-0013, 0013.1)--EPA requested additional
information conceptual models and modeling calculations.
     February 22, 2010 (Docket ID: EPA-HQ-OAR-2009-0330-0015)--
EPA requested additional information on repository chemistry issues.
    DOE submitted the requested information with a series of ten
letters, which were sent on the following dates:
     August 24, 2009 (Docket ID: EPA-HQ-OAR-2009-0330-0007,
0007.1-0007.4).
     September 30, 2009 (Docket ID: EPA-HQ-OAR-2009-0330-0008,
0008.1-0008.9).
     November 25, 2009 (Docket ID: EPA-HQ-OAR-2009-0330-0011,
0011.1-0011.3).
     January 12, 2010 (Docket ID: EPA-HQ-OAR-2009-0330-0008,
0008.1-0008.9).
     February 22, 2010 (Docket ID: EPA-HQ-OAR-2009-0330-0012,
0012.1-0012.6).
     March 31, 2010 (Docket ID: EPA-HQ-OAR-2009-0330-0014,
0014.1-0014.3).
     April 12, 2010 (Docket ID: EPA-HQ-OAR-2009-0330-0016,
0016.1-0016.3).
     April 19, 2010 (Docket ID: EPA-HQ-OAR-2009-0330-0017,
0017.1).
     May 26, 2010 (Docket ID: EPA-HQ-OAR-2009-0330-0018,
0018.1-0018.3).
     June 24, 2010 (Docket ID: EPA-HQ-OAR-2009-0330-0025,
0025.1-0025.2).

All completeness related correspondence was placed in our dockets
(DOCKET ID: EPA-HQ-OAR-2009-0330) and on our WIPP Web site (http://
www.epa.gov/radiation/wipp).
    Since receipt of the 2009 CRA, the Agency has received a number of
public comments from stakeholder groups regarding both the completeness
and technical adequacy of the recertification application. In addition
to soliciting written public comments, EPA held a series of public
meetings in New Mexico (June 2009 and May 2010) to discuss stakeholders
concerns and issues related to WIPP recertification. These comments
helped in developing EPA's

requests for additional information from DOE, particularly regarding
the WIPP waste inventory and groundwater (karst) issues.
    EPA will now undertake a full technical evaluation on the complete
2009 CRA in determining whether the WIPP continues to comply with the
radiation protection standards for disposal. EPA will also consider any
additional public comments and other information relevant to WIPP's
compliance. The Agency is most interested in whether new or changed
information has been appropriately incorporated into performance
assessment calculations for WIPP, and whether the potential effects of
changes are properly characterized.
    If EPA approves the application, it will set the parameters for how
WIPP will be operated by DOE over the following five years. The
approved CRA will then serve as the baseline for the next
recertification. As required by the WIPP LWA, the Agency will make a
final recertification decision within six months of issuing its
completeness determination.

June 29, 2010
Honorable Dr. Steven Chu, Secretary U.S. Department of Energy, 1000
Independence Avenue, SW., Washington, DC 20585.

    Dear Mr. Secretary: Pursuant to Section 8(f) of the Waste
Isolation Pilot Plant (WIPP) Land Withdrawal Act, as amended, and in
accordance with the WIPP Compliance Criteria at 40 CFR 194.11, I
hereby notify you that the U.S. Environmental Protection Agency (EPA
or ``the Agency'') has determined that the U.S. Department of
Energy's (DOE) 2009 Compliance Recertification Application (CRA) for
WIPP is complete. This completeness determination is an
administrative determination required under the WIPP Compliance
Criteria, which implement the Agency's Final Radioactive Waste
Disposal Regulations at Subparts B and C of 40 CFR Part 191. While
the completeness determination initiates the six-month evaluation
period provided for in Section 8(f)(2) of the Land Withdrawal Act,
it does not have any generally applicable legal effect. Further,
this determination does not imply or indicate that DOE's CRA
demonstrates compliance with the Compliance Criteria and/or the
Disposal Regulations.
    Section 8(f) of the amended Land Withdrawal Act requires EPA to
evaluate all changes in conditions or activities at WIPP every five
years to determine if the facility continues to comply with EPA's
disposal regulations. This second recertification process includes a
review of all of the changes made at the WIPP facility since the
initial 2004 CRA (and subsequent recertification decision, issued in
2006) was submitted by DOE.
    Under the applicable regulations, EPA may recertify the WIPP
only after DOE has submitted a ``full'' (or complete) application
(see 40 CFR 194.11). Upon receipt of the CRA on March 24, 2009, EPA
immediately began its review to determine whether the application
was complete. Shortly thereafter, the Agency began to identify areas
of the 2009 CRA that required supplementary information and
analyses. In addition, EPA received public comments and held public
meetings on the application that identified areas where additional
information was needed for EPA's review.
    EPA identified completeness concerns in a series of letters/e-
mails from the Agency to Dr. Dave Moody, Manager for DOE's Carlsbad
Field Office, as well as his staff. This correspondence is detailed
below:
     May 21, 2009--EPA requested additional information on
the performance assessment and chemical portions of the CRA-2009.
     July 16, 2009--EPA requested additional information on
waste inventory, performance assessment calculations/code
documentation, human intrusion, and chemistry (including karst
comments raised by stakeholders).
     October 19, 2009--EPA requested additional information
on waste inventory, chemistry, features/events/processes (FEPs), and
performance assessment paramaters/codes.
     January 25, 2010 (addendum to 5/21/09 letter via e-
mail)-- EPA requested additional information conceptual models and
modeling calculations.
     February 19, 2010--EPA requested additional information
on repository chemistry issues.
    DOE submitted the requested information with a series of 11
letters, which were sent on the following dates:
     August 24, 2009
     September 30, 2009
     November 25, 2009
     January 12, 2010
     February 22, 2010
     March 31, 2010
     April 12, 2010
     April 19, 2010
     May 26, 2010
     June 22, 2010
     June 28, 2010
    All completeness-related correspondence was placed in our public
docket (EDOCKET EPA-HQ-OAR-2009-0330) and on our website (http://
www.epa.gov/radiation/wipp).
    Based on the information provided by DOE, we conclude that the
2009 CRA is complete. Again, this is the initial, administrative
step that indicates DOE has provided information relevant to each
applicable provision of the WIPP Compliance Criteria and in
sufficient detail for us to proceed with a full technical evaluation
of the adequacy of the application. In accordance with Section
8(f)(2) of the amended Land Withdrawal Act, EPA will make its final
recertification decision within six months of this letter.
    To the extent possible, the Agency began conducting a
preliminary technical review of the application upon its submittal
by DOE, and has provided the Department with relevant technical
comments on an ongoing basis. EPA will continue to conduct its
technical review of the 2009 CRA as needed, and will convey further
requests for additional information and analyses. The Agency will
issue its compliance recertification decision, in accordance with 40
CFR Part 194 and Part 191, Subparts B and C, after it has thoroughly
evaluated the complete CRA and considered relevant public comments.
The public comment period on our completeness determination will
remain open for 30 days following the publication of this letter in
the Federal Register.
    Thank you for your cooperation during our review process. Should
your staff have any questions regarding this request, they may
contact Tom Peake at<PHONE_NUMBER> or by e-mail at
<EMAIL_ADDRESS>     Sincerely,
Michael P. Flynn,
Director, Office of Radiation and Indoor Air.

    Dated: July 7, 2010.
Michael P. Flynn,
Director, Office of Radiation and Indoor Air.
[FR Doc. 2010-17141 Filed 7-15-10; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 79, Number 122 (Wednesday, June 25, 2014)]
[Notices]
[Pages 36112-36114]
[FR Doc No: 2014-14781]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-72437; File No. SR-ICC-2014-06]

Self-Regulatory Organizations; ICE Clear Credit LLC; Order
Approving Proposed Rule Change To Provide for the Clearance of
Additional Non-Investment Grade Instruments on Standard North American
Corporate Single Name Reference Entities

June 19, 2014.

I. Introduction

    On April 25, 2014, ICE Clear Credit LLC (``ICC'') filed with the
Securities and Exchange Commission (``Commission'') the proposed rule
change SR-ICC-2014-06 pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder.\2\ The
proposed rule change was published for comment in

the Federal Register on May 14, 2014.\3\ The Commission received no
comment letters regarding the proposed change. For the reasons
discussed below, the Commission is granting approval of the proposed
rule change.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Securities Exchange Act Release No. 34-72124 (May 8, 2014),
79 FR 27669 (May 14, 2014) (SR-ICC-2014-06).
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II. Description

    ICC is proposing to expand its product offering to provide for the
clearance of additional non-investment grade instruments on Standard
North American Corporate Single Name reference entities. ICC has stated
that the term ``non-investment grade'' refers to those Standard North
American Corporate Single Names which reference an entity that has been
assigned a debt rating of below ``BBB-'' by Moody's, below ``Baa3'' by
S&P, or is not rated.
    ICC has also stated that the risk profiles (as related to
underlying debt rating) of these new non-investment grade instruments
on Standard North American Corporate Single Name reference entities are
similar to certain Standard North American Corporate Single Name and
Standard Emerging Sovereign Single Name CDS contracts currently cleared
at ICC with similar debt ratings to the proposed non-investment grade
instruments. ICC currently clears investment grade instruments on
Standard North American Corporate Single Name reference entities. ICC
contends that the debt ratings of the entities that these contracts
reference may change over time, resulting in an investment grade single
name becoming a non-investment grade single name. ICC states that it
already clears eleven non-investment grade instruments on Standard
North American Corporate Single Name reference entities as a result of
such changes. ICC also states that it clears certain Standard Emerging
Sovereign Single Name CDS contracts, which reference countries with
debt ratings similar to the additional non-investment grade instruments
on Standard North American Corporate Single Name reference entities
that ICC is proposing to clear.
    ICC has also stated that the additional non-investment grade
instruments on Standard North American Corporate Single Name reference
entities have terms consistent with the Standard North American
Corporate Single Names currently cleared by ICC and governed by Section
26B of the ICC Rules.

III. Discussion and Commission Findings

    Section 19(b)(2)(C) of the Act \4\ directs the Commission to
approve a proposed rule change of a self-regulatory organization if the
Commission finds that such proposed rule change is consistent with the
requirements of the Act and the rules and regulations thereunder
applicable to such self-regulatory organization. Section 17A(b)(3)(F)
of the Act \5\ requires, among other things, that the rules of a
clearing agency are designed to promote the prompt and accurate
clearance and settlement of securities transactions and, to the extent
applicable, derivative agreements, contracts, and transactions, to
assure the safeguarding of securities and funds which are in the
custody or control of the clearing agency or for which it is
responsible and, in general, to protect investors and the public
interest. As part of the process of preparing this order, the
Commission reviewed information and representations of ICC.
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    \4\ 15 U.S.C. 78s(b)(2)(C).
    \5\ 15 U.S.C. 78q-1(b)(3)(F).
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    The Commission finds that the proposed rule change is consistent
with Section 17A of the Act \6\ and the rules thereunder applicable to
ICC. The proposed rule change will provide for clearing of new CDS
contracts on non-investment grade reference entities. These contracts
are substantially similar to the Standard North American Corporate
Single Name contracts currently cleared by ICC, and the new contracts
will be cleared pursuant to ICC's existing clearing arrangements and
related financial safeguards, protections and risk management
framework, including policies and procedures. The Commission believes
that the proposal is therefore consistent with the prompt and accurate
clearance and settlement of securities transactions and derivative
agreements, contracts and transactions cleared by ICC, the safeguarding
of securities and funds in the custody or control of ICC, and the
protection of investors and the public interest, within the meaning of
Section 17A(b)(3)(F) of the Act.\7\
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    \6\ 15 U.S.C. 78q-1.
    \7\ 15 U.S.C. 78q-1(b)(3)(F).
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    Specifically, the Commission finds that clearing of the new non-
investment grade instruments on Standard North American Corporate
Single Name reference entities by ICC is consistent with the
requirements of Rule 17Ad-22.\8\ In particular, in terms of financial
resources, ICC represents that its existing margin methodology, when
applying to the clearing of the new contracts, will be reasonably
designed to provide sufficient margin to cover ICC's credit exposure to
its clearing members from clearing the existing contracts and the new
contracts,\9\ consistent with the requirements of Rule 17Ad-
22(b)(2).\10\ In addition, based on representations and information
provided by ICC, under its existing methodology, ICC's Guaranty Fund,
together with the required margin, will provide sufficient financial
resources to support the clearing of the additional contracts
consistent with the requirements of Rule 17Ad-22(b)(3).\11\ Because the
new contracts are substantially similar to existing products already
cleared by ICC, ICC already has in place operational and managerial
resources sufficient for clearing of the additional contracts,
consistent with the requirements of Rule 17Ad-22(d)(4).\12\
Furthermore, ICC's existing settlement procedures and account
structures will apply to the new contracts, consistent with the
requirements of Rules 17Ad-22(d)(5), (12) and (15) \13\ relating to the
finality, accuracy and risk mitigation of its daily settlement process.
Finally, ICC will apply its existing default management policies and
procedures for the new contracts, allowing it to take timely action to
contain losses and liquidity pressures and to continue meeting its
obligations in the event of clearing member insolvencies or defaults in
respect of the new single names, in accordance with Rule 17Ad-
22(d)(11).\14\
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    \8\ 17 CFR 240.17Ad-22.
    \9\ ICC acknowledges that, if clearing of any non-investment
grade instruments on standard North American corporate single name
reference entities would result in changes to its existing margin
methodology or risk policies and procedures, it would be required to
submit a rule filing to seek approval of clearing such additional
non-investment grade instruments and change of its risk methodology
and policies and procedures.
    \10\ 17 CFR 240.17Ad-22(b)(2).
    \11\ 17 CFR 240.17Ad-22(b)(3).
    \12\ 17 CFR 240.17Ad-22(d)(4).
    \13\ 17 CFR 240.17Ad-22(d)(5), (12) and (15).
    \14\ 17 CFR 240.17Ad-22(d)(11).
---------------------------------------------------------------------------

IV. Conclusion

    On the basis of the foregoing, the Commission finds that the
proposal is consistent with the requirements of the Act and in
particular with the requirements of Section 17A of the Act \15\ and the
rules and regulations thereunder.
---------------------------------------------------------------------------

    \15\ 15 U.S.C. 78q-1.
---------------------------------------------------------------------------

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\16\ that the

proposed rule change (File No. SR-ICC-2014-06) be, and hereby is,
approved.\17\
---------------------------------------------------------------------------

    \16\ 15 U.S.C. 78s(b)(2).
    \17\ In approving the proposed rule change, the Commission
considered the proposal's impact on efficiency, competition and
capital formation. 15 U.S.C. 78c(f).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\18\
---------------------------------------------------------------------------

    \18\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-14781 Filed 6-24-14; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: November 17, 2005 (Volume 70, Number 221)]
[Notices]
[Page 69791-69793]
[DOCID:fr17no05-101]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-52757; File No. SR-NASD-2005-125]

Self-Regulatory Organizations; National Association of Securities
Dealers, Inc.; Notice of Filing and Immediate Effectiveness of Proposed
Rule Change To Modify Pricing for NASD Members Using the Nasdaq Market
Center and Nasdaq's Brut Facility

November 9, 2005.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on October 26, 2005, the National Association of Securities Dealers,
Inc. (``NASD''), through its subsidiary, The Nasdaq Stock Market, Inc.
(``Nasdaq''), filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by Nasdaq. Nasdaq has
designated this proposal as one establishing or changing a due, fee or
other charge imposed by the self-regulatory organization under Section
19(b)(3)(A)(ii) \3\ of the Act and Rule 19b-4(f)(2) thereunder,\4\
which renders the proposal effective upon filing with the Commission.
The Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change

    Nasdaq proposes to modify the pricing for NASD members using the
Nasdaq Market Center and Nasdaq's Brut Facility (``Brut''). Nasdaq
states that it implemented the proposed rule change on November 1,
2005.
    The text of the proposed rule change is below. Proposed new
language is in italics. Proposed deletions are in [brackets].
* * * * *

7010. System Services

    (a)-(h) No change.
(i) Nasdaq Market Center and Brut Facility Order Execution
    (1) The following charges shall apply to the use of the order
execution services of the Nasdaq Market Center and Nasdaq's Brut
Facility by members for Nasdaq-listed securities subject to the Nasdaq
UTP Plan and for Exchange-Traded Funds listed on a national securities
exchange[the American Stock Exchange; provided, however; that Directed
Orders are not available for such Exchange-Traded Funds]. The term
``Exchange-Traded Funds'' shall mean Portfolio Depository Receipts,
Index Fund Shares, and Trust Issued Receipts as such terms are defined
in Rule 4420(i), (j), and (l), respectively.

                               Order Entry
------------------------------------------------------------------------

------------------------------------------------------------------------
Non-Directed Orders and Preferenced      No charge.
 Orders.
------------------------------------------------------------------------

                             Order Executon
------------------------------------------------------------------------

------------------------------------------------------------------------
Non-Directed or Preferenced Order that
 accesses the Quote/Order of a market
 participant that does not charge an
 access fee to market participants
 accessing its Quotes/Orders through
 the Nasdaq Market Center and/or
 Nasdaq's Brut Facility:
Charge to member entering order:
Average daily shares of liquidity
 provided through the Nasdaq Market
 Center and/or Nasdaq's Brut Facility
 by the member during the month:
    Greater than 10 million............  $0.0027 per share executed (but
                                          no more than $108 per trade
                                          for trades in securities
                                          executed at $1.00 or less per
                                          share).
    Greater than 2,000,000 but less      $0.0028 per share executed (but
     than or equal to 10,000,000.         no more than $112 per trade
                                          for trades in securities
                                          executed at $1.00 or less per
                                          share).
    2,000,000 or less..................  $0.0030 per share executed (but
                                          no more than $120 per trade
                                          for trades in securities
                                          executed at $1.00 or less per
                                          share).
Credit to member providing liquidity:

Average daily shares of liquidity
 provided through the Nasdaq Market
 Center and/or Nasdaq's Brut Facility
 by the member during the month:
    Greater than 20 million............  $0.0025 per share executed (but
                                          no more than $100 per trade
                                          for trades in securities
                                          executed at $1.00 or less per
                                          share).
    Greater than 2,000,000 but less      $0.0022 per share executed (but
     than or equal to 20,000,000.         no more than $88 per trade for
                                          trades in securities executed
                                          at $1.00 or less per share).
    Less than or equal to 2,000,000....  $0.0020 per share executed (but
                                          no more than $80 per trade for
                                          trades in securities executed
                                          at $1.00 or less per share).
Non-Directed or Preferenced Order that
 accesses the Quote/Order of a market
 participant that charges an access fee
 to market participants accessing its
 Quotes/Orders through the Nasdaq
 Market Center:
Charge to member entering order:
Average daily shares of liquidity
 provided through the Nasdaq Market
 Center and/or Nasdaq's Brut Facility
 by the member during the month:
    500,000 or less....................  $0.001 per share executed (but
                                          no more than $40 per trade for
                                          trades in securities executed
                                          at $1.00 or less per share).
    500,001 or more....................  $0.001 per share executed (but
                                          no more than $40 per trade for
                                          trades in securities executed
                                          at $1.00 or less per share,
                                          and no more than $10,000 per
                                          month).
Routed Orders
Any order entered by a member that is    $0.004 per share executed.
 routed outside of both the Nasdaq
 Market Center and Nasdaq's Brut
 Facility and that does not attempt to
 execute in Nasdaq's Brut Facility
 prior to routing.
Any other order entered by a member
 that is routed outside of both the
 Nasdaq Market Center and Nasdaq's Brut
 Facility.
Average daily shares of liquidity
 provided through the Nasdaq Market
 Center and/or Nasdaq's Brut Facility
 by the member during the month and
 average daily shares accessed through
 and/or routed from the Nasdaq Market
 Center and/or Nasdaq's Brut Facility
 by the member during the month
 (excluding orders routed outside of
 both the Nasdaq Market Center and
 Nasdaq's Brut Facility that do not
 attempt to execute in Nasdaq's Brut
 Facility prior to routing):
    Greater than 20 million shares of    $0.0025 per share executed.
     liquidity provided and greater
     than 40 million shares accessed
     and/or routed.
    Greater than 10 million but less     $0.0027 per share executed.
     than or equal to 20 million shares
     of liquidity provided and any
     amount accessed or routed, OR
     greater than 20 million shares of
     liquidity provided and 40 million
     or fewer shares accessed and/or
     routed.
    Greater than 2,000,000 but less      $0.0028 per share executed.
     than or equal to 10,000,000 shares
     of liquidity provided and any
     amount accessed and/or routed.
    Less than or equal to 2,000,000      $0.0030 per share executed.
     shares of liquidity provided and
     any amount accessed and/or routed.
------------------------------------------------------------------------

                           Order Cancellation
------------------------------------------------------------------------

------------------------------------------------------------------------
Non-Directed and Preferenced Orders....  No charge.
------------------------------------------------------------------------

    (2)-(4) No change.
    (5) There shall be no charges or credits for order entry,
execution, routing, or cancellation by members accessing the Nasdaq
Market Center or Nasdaq's Brut Facility to buy or sell exchange-listed
securities subject to the Consolidated Quotations Service and
Consolidated Tape Association plans, other than: (A) the charges in
Rule 7010(i)(1) for Exchange-Traded Funds[ listed on the American Stock
Exchange], (B) charges described in Rule 7010(d), (C) a fee of $0.0004
per share executed for orders delivered by Nasdaq's Brut Facility to an
exchange using the exchange's proprietary order delivery system if such
orders do not attempt to execute in Nasdaq's Brut Facility or the
Nasdaq Market Center prior to routing to the exchange, and (D) a fee of
$0.009 per share executed for any limit order delivered by Nasdaq's
Brut Facility to the New York Stock Exchange (``NYSE'') using the
NYSE's proprietary order delivery system if such an order is not an on-
close order, is not executed in the opening, and remains at the NYSE
for more than 5 minutes.
    (6) No change.
    (j)-(v) No change.
* * * * *

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, Nasdaq included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. Nasdaq has prepared summaries, set forth in sections A,
B, and C below, of the most significant aspects of such statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

1. Purpose
    Nasdaq is proposing to modify the fee schedule applicable to
execution and routing of orders in exchange-traded funds (``ETFs'')
listed on exchanges other than the American Stock Exchange (``Amex'').
The change proposed by this filing applies to NASD members that use the
Nasdaq Market Center and Brut; in SR-NASD-2005-126, Nasdaq is proposing
to make the same change applicable to non-members that use Brut. Nasdaq
states that currently, execution and routing of Nasdaq-listed stocks
and Amex-listed ETFs is subject to the fee schedule in NASD Rule
7010(i)(1), whereas execution and routing of other exchange-listed
securities, including other exchange-listed ETFs, is generally not
subject to per order routing and execution charges. Because an
increasing number of ETFs are being listed on exchanges other than the
Amex, however, Nasdaq states that it has concluded that it is necessary
to apply the same fee schedule to all ETFs, to ensure that its fees are
commensurate with the volumes of shares being routed and executed
through its systems.\5\
---------------------------------------------------------------------------

    \5\ The proposed rule change would also delete obsolete language
regarding Directed Orders found in NASD Rule 7010(i)(1), to reflect
the recent termination of Nasdaq's Directed Order functionality.
---------------------------------------------------------------------------

2. Statutory Basis
    Nasdaq believes that the proposed rule change is consistent with
the provisions of Section 15A of the Act,\6\ in general, and with
Section 15A(b)(5) of the Act,\7\ in particular, in that the proposed
rule change provides for the equitable allocation of reasonable dues,
fees, and other charges among members and issuers and other persons
using any facility or system which the NASD operates or controls.
Nasdaq states that the proposed change reflects the increased extent to
which ETFs are being listed on exchanges other than the Amex and would
result in the application of the same fee schedule to all ETFs,
regardless of where they are listed.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78o-3.
    \7\ 15 U.S.C. 78o-3(b)(5).
---------------------------------------------------------------------------

B. Self-Regulatory Organization's Statement on Burden on Competition

    Nasdaq does not believe that the proposed rule change will result
in any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    Nasdaq states that written comments were neither solicited nor
received.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    The foregoing rule change is subject to Section 19(b)(3)(A)(ii) of
the Act \8\ and subparagraph (f)(2) of Rule 19b-4 \9\ thereunder
because it establishes or changes a due, fee, or other charge imposed
by the self-regulatory organization. Accordingly, the proposal is
effective upon Commission receipt of the filing. At any time within 60
days of the filing of such proposed rule change, the Commission may
summarily abrogate such rule change if it appears to the Commission
that such action is necessary or appropriate in the public interest,
for the protection of investors, or otherwise in furtherance of the
purposes of the Act.\10\
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \9\ 17 CFR 240.19b-4(f)(2).
    \10\ 15 U.S.C. 78s(b)(3)(C).
---------------------------------------------------------------------------

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml.
); or     Send an e-mail to<EMAIL_ADDRESS>Please include

File Number SR-NASD-2005-125 on the subject line.

Paper Comments

     Send paper comments in triplicate to Jonathan G. Katz,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-9303.
    All submissions should refer to File Number SR-NASD-2005-125. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments,

all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room. Copies of such
filing also will be available for inspection and copying at the
principal office of the NASD. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-NASD-2005-125 and should be submitted on or before
December 8, 2005.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\11\
---------------------------------------------------------------------------

    \11\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Jonathan G. Katz,
Secretary.
[FR Doc. E5-6355 Filed 11-16-05; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 85, Number 36 (Monday, February 24, 2020)]
[Proposed Rules]
[Pages 10364-10371]
[FR Doc No: 2020-02892]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 721

[EPA-HQ-OPPT-2019-0650; FRL-10004-90]
RIN 2070-AB27

Significant New Use Rules on Certain Chemical Substances (20-2.B)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: EPA is proposing significant new use rules (SNURs) under the
Toxic Substances Control Act (TSCA) for chemical substances which are
the subject of premanufacture notices (PMNs). This action would require
persons to notify EPA at least 90 days before commencing manufacture
(defined by statute to include import) or processing of any of these
chemical substances for an activity that is designated as a significant
new use by this proposed rule. This action would further require that
persons not commence manufacture or processing for the significant new
use until they have submitted a Significant New Use Notice, and EPA has
conducted a review of the notice, made an appropriate determination on
the notice under TSCA 5(a)(3), and has taken any risk management
actions as are required as a result of that determination.

DATES: Comments must be received on or before March 25, 2020.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPPT-2019-0650, 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: Document Control Office (7407M), Office of Pollution
Prevention and Toxics (OPPT), Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC 20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.html.
    Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT:

    For technical information contact: Kenneth Moss, Chemical Control
Division (7405M), Office of Pollution Prevention and Toxics,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington,
DC 20460-0001; telephone number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>    For general information contact: The TSCA-Hotline, ABVI-Goodwill,
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202)
554-1404; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you manufacture,
process, or use the chemical substances contained in this proposed
rule. The following list of North American Industrial Classification
System (NAICS) codes is not intended to be exhaustive, but rather
provides a guide to help readers determine whether this document
applies to them. Potentially affected entities may include:
     Manufacturers or processors of one or more subject
chemical substances (NAICS codes 325 and 324110), e.g., chemical
manufacturing and petroleum refineries.
    This action may also affect certain entities through pre-existing
import certification and export notification rules under TSCA. Chemical
importers are subject to the TSCA section 13 (15 U.S.C. 2612) import
certification requirements promulgated at 19 CFR 12.118 through 12.127
and 19 CFR 127.28. Chemical importers must certify that the shipment of
the chemical substance complies with all applicable rules and orders
under TSCA. Importers of chemicals subject to these proposed SNURs
would need to certify their compliance with the SNUR requirements
should these proposed rules be finalized. The EPA policy in support of
import certification appears at 40 CFR part 707, subpart B. In
addition, pursuant to 40 CFR 721.20, any persons who export or intend
to export a chemical substance that is the subject of this proposed
rule on or after March 25, 2020 are subject to the export notification
provisions of TSCA section 12(b) (15 U.S.C. 2611(b)) and must comply
with the export notification requirements in 40 CFR part 707, subpart
D.

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

    1. Submitting CBI. Do not submit CBI 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. Background

A. What action is the Agency taking?

    EPA is proposing these SNURs under TSCA section 5(a)(2) for
chemical substances which were the subjects of PMNs P-18-58, P-18-126,
P-18-199, P-18-367, P-19-158, and P-19-164. These proposed SNURs would
require persons who intend to manufacture or process any of these
chemical substances for an activity that is designated as a significant
new use to notify EPA at least 90 days before commencing that activity.
    The record for the proposed SNURs on these chemicals was
established as docket EPA-HQ-OPPT-2019-0650. That record includes
information considered by the Agency in developing these proposed
SNURs.

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 four TSCA section 5(a)(2) factors
listed in Unit III. In the case of a determination other than not
likely to present unreasonable risk, the applicable review period must
also expire before manufacturing or processing for the new use may
commence. As described in Unit V., the general SNUR provisions are
found at 40 CFR part 721, subpart A.

C. Applicability of General Provisions

    General provisions for SNURs appear in 40 CFR part 721, subpart A.
These provisions describe persons subject to the rule, recordkeeping
requirements, exemptions to reporting requirements, and applicability
of the rule to uses occurring before the effective date of the rule.
Provisions relating to user fees appear at 40 CFR part 700. Pursuant to
40 CFR 721.1(c), persons subject to these SNURs must comply with the
same SNUN requirements and EPA regulatory procedures as submitters of
PMNs under TSCA section 5(a)(1)(A) (15 U.S.C. 2604(a)(1)(A)). In
particular, these requirements include the information submission
requirements of TSCA sections 5(b) and 5(d)(1) (15 U.S.C. 2604(b) and
2604(d)(1)), the exemptions authorized by TSCA sections 5(h)(1),
5(h)(2), 5(h)(3), and 5(h)(5) and the regulations at 40 CFR part 720.
Once EPA receives a SNUN, EPA must either determine that the use is not
likely to present an unreasonable risk of injury under the conditions
of use for the chemical substance or take such regulatory action as is
associated with an alternative determination before the manufacture or
processing for the significant new use can commence. If EPA determines
that the use is not likely to present an unreasonable risk, EPA is
required under TSCA section 5(g) to make public, and submit for
publication in the Federal Register, a statement of EPA's findings.

III. Significant New Use Determination

    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 of human beings or the environment to a chemical substance.
     The extent to which a use increases the magnitude and
duration of exposure of human beings or the environment to a chemical
substance.
     The reasonably anticipated manner and methods of
manufacturing, processing, distribution in commerce, and disposal of a
chemical substance.
    In determining what would constitute a significant new use for the
chemical substances that are the subject of these SNURs, EPA considered
relevant information about the toxicity of the chemical substances, and
potential human exposures and environmental releases that may be
associated with the conditions of use of the substances, in the context
of the four bulleted TSCA section 5(a)(2) factors listed in this unit.
During its review of these chemicals, EPA identified certain conditions
of use that are not intended by the submitters,

but reasonably foreseen to occur. EPA is proposing to designate those
reasonably foreseen conditions of use as significant new uses.

IV. Substances Subject to This Proposed Rule

    EPA is proposing significant new use and recordkeeping requirements
for XX chemical substances in 40 CFR part 721, subpart E. In this unit,
EPA provides the following information for each chemical substance:
     PMN number.
     Chemical name (generic name, if the specific name is
claimed as CBI).
     Chemical Abstracts Service (CAS) Registry number (if
assigned for non-confidential chemical identities).
     Basis for the SNUR.
     Potentially Useful Information. This is information
identified by EPA that would help characterize the potential health
and/or environmental effects of the chemical substance in support of a
request by the PMN submitter to modify the Order, or if a manufacturer
or processor is considering submitting a SNUN for a significant new use
designated by the SNUR.
     CFR citation assigned in the regulatory text section of
these proposed rules.
    The regulatory text section of these proposed rules specifies the
activities designated as significant new uses. Certain new uses,
including production volume limits and other uses designated in the
proposed rules, may be claimed as CBI.
    The chemical substances that are the subject of these proposed
SNURs are undergoing premanufacture review. In addition to those
conditions of use intended by the submitter, EPA has identified certain
other reasonably foreseen conditions of use. EPA has preliminarily
determined that the chemicals under their intended conditions of use
are not likely to present an unreasonable risk. However, EPA has not
assessed risks associated with the reasonably foreseen conditions of
use for these chemicals. EPA is proposing to designate these reasonably
foreseen and other potential conditions of use as significant new uses.
As a result, those conditions of use are no longer reasonably foreseen
to occur without first going through a separate, subsequent EPA review
and determination process associated with a SNUN.
    The substances subject to these proposed rules are as follows:

PMN Number: P-18-58

    Chemical name: Phosphonium, trihexyltetradecyl-, salt with 1,1,1-
trifluoro-N-(trifluoromethyl)sulfonyl] methanesulfonamide (1:1).
    CAS number: 460092-03-9.
    Basis for action: The PMN states that the use of the substance will
be as a component of electroconductive low-noise grease for long-term
lubrication of capped or sealed ball bearings. Based on the physical/
chemical properties of the PMN substance, test data for the PMN
substance, and test data on analogous substances, EPA has identified
concerns for neurotoxicity, liver effects, thyroid effects, respiratory
effects, developmental/reproductive effects, and aquatic toxicity if
the chemical substance is used in ways other than as intended by the
PMN submitter. Other conditions of use of the PMN substance that EPA
intends to assess before they occur include the following:
    1. Manufacture, processing, or use in any manner that results in
inhalation exposures; and
    2. Release of a manufacturing, processing, or use stream associated
with any use of the PMN substance into the waters of the United States
exceeding a surface water concentration of 11 ppb.
    The proposed SNUR would designate as a ``significant new use''
these conditions of use.
    Potentially useful information: EPA has determined that certain
information may be potentially useful to characterize the health and
environmental effects of the PMN substance if a manufacturer or
processor is considering submitting a SNUN for a significant new use
that would be designated by this proposed SNUR. EPA has determined that
the results of reproductive/developmental effects, specific target
organ toxicity and aquatic toxicity studies would help characterize the
potential health and environmental effects of the PMN substance.
    CFR citation: 40 CFR 721.11453.

PMN Number: P-18-126

    Chemical name: Calcium manganese titanium oxide.
    CAS number: 153728-36-0.
    Basis for action: The PMN states that the use of the substance will
be as a black pigment for architectural paint. Based on the physical/
chemical properties of the PMN substance, test data for the PMN
substance, and SAR analysis of test data on analogous substances, EPA
has identified concerns for lung effects (overload)/carcinogenicity,
neurotoxicity, and aquatic toxicity if the chemical substance is used
in ways other than as intended by the PMN submitter. Other conditions
of use of the PMN substance that EPA intends to assess before they
occur include the following:
    1. Use other than as a black pigment for architectural paint;
    2. Use in consumer products; and
    3. Annual production volume of greater than the confidential volume
in the PMN.
    The proposed SNUR would designate as a ``significant new use''
these conditions of use.
    Potentially useful information: EPA has determined that certain
information may be potentially useful to characterize the health and
environmental effects of the PMN substance if a manufacturer or
processor is considering submitting a SNUN for a significant new use
that would be designated by this proposed SNUR. EPA has determined that
the results of pulmonary effects, specific target organ toxicity, and
aquatic toxicity testing would help characterize the potential health
and environmental effects of the PMN substance.
    CFR citation: 40 CFR 721.11454.

PMN Number: P-18-199

    Chemical name: Rare earth oxide (generic).
    CAS number: Not available.
    Basis for action: The PMN states that the generic (non-
confidential) use of the substance will be as a fuel cell component.
Based on the physical/chemical properties of the PMN substance and SAR
analysis of test data on the PMN substance and analogous substances,
EPA has identified concerns for lung effects, carcinogenicity,
neurotoxicity, immunotoxicity, and blood, bone and liver effects if the
chemical substance is used in ways other than as intended by the PMN
submitter. Other conditions of use of the PMN substance that EPA
intends to assess before they occur include the following:
     Use other than the confidential use described in the PMN.
    The proposed SNUR would designate as a ``significant new use''
these conditions of use.
    Potentially useful information: EPA has determined that certain
information may be potentially useful to characterize the health and
environmental effects of the PMN substance if a manufacturer or
processor is considering submitting a SNUN for a significant new use
that would be designated by this proposed SNUR. EPA has determined that
the results of toxicokinetics, skin absorption, neurotoxicity, specific
target organ toxicity, pulmonary effects, and bioavailability of
certain metal ions in simulated lung fluid testing would help
characterize the potential health effects of the PMN substance.

    CFR citation: 40 CFR 721.11455.

PMN Number: P-18-367

    Chemical name: Acid-modified polyether (generic).
    CAS number: Not available.
    Basis for action: The PMN states that the use of the substance will
be as a wetting and dispersing additive for pigments in industrial
paints and coatings. Based on the physical/chemical properties of the
PMN substance and SAR analysis of test data on analogous substances,
EPA has identified concerns for skin irritation, corrosion to the eyes
and mucous membranes, lung effects (surfactancy), systemic toxicity,
reproductive/developmental effects, and aquatic toxicity if the
chemical substance is used in ways other than as intended by the PMN
submitter. Other conditions of use of the PMN substance that EPA
intends to assess before they occur include the following:
    1. Manufacture of the substance within the United States;
    2. Processing of the substance to greater than 2% concentration by
weight in the final product formulation;
    3. Use in consumer products; and
    4. Release of a manufacturing, processing, or use stream associated
with any use of the PMN substance into the waters of the United States
exceeding a surface water concentration of 9 ppb.
    The proposed SNUR would designate as a ``significant new use''
these conditions of use.
    Potentially useful information: EPA has determined that certain
information may be potentially useful to characterize the health and
environmental effects of the PMN substance if a manufacturer or
processor is considering submitting a SNUN for a significant new use
that would be designated by this proposed SNUR. EPA has determined that
the results of skin irritation, eye damage, specific target organ
toxicity, pulmonary effects, reproductive toxicity, and aquatic
toxicity testing would help characterize the potential health and
environmental effects of the PMN substance.
    CFR citation: 40 CFR 721.11456.

PMN Number: P-19-158

    Chemical name: Alkenoic acid polymer with 2-ethyl-2-
(hydroxymethyl)-1,3-alkyldiol, 1,1'-methylenebis(4-
isocyantocarbomonocycle) and 3-methyl-1,5-alkyldiol, (generic).
    CAS number: Not available.
    Basis for action: The PMN states that the generic (non-
confidential) use of the substance will be as an adhesive. Based on the
physical/chemical properties of the PMN substance and SAR analysis of
test data on analogous substances, EPA has identified concerns for
irritation to skin, eyes, and respiratory tract, skin and respiratory
sensitization, respiratory tract effects, systemic and reproductive
effects, and carcinogenicity if the chemical substance is used in ways
other than as intended by the PMN submitter. Other conditions of use of
the PMN substance that EPA intends to assess before they occur include
the following:
    1. Manufacture, processing, or use in any manner that results in
inhalation exposures;
    2. Use in consumer products; and
    3. Any release of a manufacturing, processing, or use stream
associated with any use of the PMN substance into the waters of the
United States.
    The proposed SNUR would designate as a ``significant new use''
these conditions of use.
    Potentially useful information: EPA has determined that exposure
and release information may be potentially useful to characterize the
health effects of the PMN substance if a manufacturer or processor is
considering submitting a SNUN for a significant new use that would be
designated by this proposed SNUR.
    CFR citation: 40 CFR 721.11457.

PMN Number: P-19-164

    Chemical name: Bis-alkoxy substituted alkane, polymer with
aminoalkanol (generic).
    CAS number: Not available.
    Basis for action: The PMN states that the use of the substance will
be as a site limited intermediate for coating resin manufacture. Based
on the physical/chemical properties of the PMN substance and SAR
analysis of test data on analogous substances, EPA has identified
concerns for irritation and corrosion to skin, eyes, and mucous
membranes, systemic effects (body weight changes and liver effects),
neurological effects, reproductive and developmental effects, and
aquatic toxicity if the chemical substance is used in ways other than
as intended by the PMN submitter. Other conditions of use of the PMN
substance that EPA intends to assess before they occur include the
following:
    1. Manufacture, processing, or use in any manner that results in
inhalation exposures; and
    2. Release of a manufacturing, processing, or use stream associated
with any use of the PMN substance into the waters of the United States
exceeding a surface water concentration of 1 ppb.
    The proposed SNUR would designate as a ``significant new use''
these conditions of use.
    Potentially useful information: EPA has determined that certain
information may be potentially useful to characterize the health and
environmental effects of the PMN substance if a manufacturer or
processor is considering submitting a SNUN for a significant new use
that would be designated by this proposed SNUR. EPA has determined that
the results of skin irritation, eye damage, and aquatic toxicity
testing would help characterize the potential health and environmental
effects of the PMN substance.
    CFR citation: 40 CFR 721.11458.

V. Rationale and Objectives of the Proposed Rule

A. Rationale

    During review of the PMNs submitted for the chemical substances
that are the subject of these proposed SNURs and as further discussed
in Unit IV., EPA identified certain other reasonably foreseen
conditions of use, in addition to those conditions of use intended by
the submitter. EPA has preliminarily determined that the chemical under
the intended conditions of use is not likely to present an unreasonable
risk. However, EPA has not assessed risks associated with the
reasonably foreseen conditions of use. EPA is proposing to designate
these conditions of use as significant new uses to ensure that they are
no longer reasonably foreseen to occur without first going through a
separate, subsequent EPA review and determination process associated
with a SNUN.

B. Objectives

    EPA is proposing these SNURs because the Agency wants:
     To have an opportunity to review and evaluate data
submitted in a SNUN before the notice submitter begins manufacturing or
processing a listed chemical substance for the described significant
new use.
     To be obligated to make a determination under TSCA section
5(a)(3) regarding the use described in the SNUN, under the conditions
of use. The Agency will either determine under section 5(a)(3)(C) that
the significant new use is not likely to present an unreasonable risk,
including an unreasonable risk to a potentially exposed or susceptible
subpopulation identified as relevant by the Administrator under the
conditions of use, or make a determination under section 5(a)(3) (A) or
(B) and take the required regulatory action associated

with the determination, before manufacture or processing for the
significant new use of the chemical substance can occur.
     To be able to complete its review and determination on
each of the PMN substances, while deferring analysis on the significant
new uses proposed in these rules unless and until the Agency receives a
SNUN.
    Issuance of a proposed SNUR for a chemical substance does not
signify that the chemical substance is listed on the TSCA Inventory.
Guidance on how to determine if a chemical substance is on the TSCA
Inventory is available on the internet at https://www.epa.gov/tsca-inventory.

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

    To establish a significant new use, EPA must determine that the use
is not ongoing. The chemical substances subject to this proposed rule
were undergoing premanufacture review at the time of signature of this
proposed rule and were not on the TSCA Inventory. In cases where EPA
has not received a notice of commencement (NOC) and the chemical
substance has not been added to the TSCA Inventory, no person may
commence such activities without first submitting a PMN. Therefore, for
the chemical substances subject to these proposed SNURs, EPA concludes
that the proposed significant new uses are not ongoing.
    EPA designates February 3, 2020, as the cutoff date for determining
whether the new use is ongoing. The objective of EPA's approach is to
ensure that a person cannot defeat a SNUR by initiating a significant
new use before the effective date of the final rule.
    Persons who begin commercial manufacture or processing of the
chemical substances for a significant new use identified on or after
that date would have to cease any such activity upon the effective date
of the final rule. To resume their activities, these persons would have
to first comply with all applicable SNUR notification requirements and
EPA would have to take action under section 5 allowing manufacture or
processing to proceed. In developing this proposed rule, EPA has
recognized that, given EPA's general practice of posting proposed rules
on its website a week or more in advance of Federal Register
publication, this objective could be thwarted even before Federal
Register publication of the proposed rule.

VII. Development and Submission of Information

    EPA recognizes that TSCA section 5 does not require development of
any particular new information (e.g., generating test data) before
submission of a SNUN. There is an exception: If a person is required to
submit information for a chemical substance pursuant to a rule, Order
or consent agreement under TSCA section 4 (15 U.S.C. 2603), then TSCA
section 5(b)(1)(A) (15 U.S.C. 2604(b)(1)(A)) requires such information
to be submitted to EPA at the time of submission of the SNUN.
    In the absence of a rule, Order, or consent agreement under TSCA
section 4 covering the chemical substance, persons are required only to
submit information in their possession or control and to describe any
other information known to or reasonably ascertainable by them (see 40
CFR 720.50). However, upon review of PMNs and SNUNs, the Agency has the
authority to require appropriate testing. Unit IV. lists potentially
useful information for all SNURs listed here. Descriptions are provided
for informational purposes. The potentially useful information
identified in Unit IV. will be useful to EPA's evaluation in the event
that someone submits a SNUN for the significant new use. Companies who
are considering submitting a SNUN are encouraged, but not required, to
develop the information on the substance, which may assist with EPA's
analysis of the SNUN.
    EPA strongly encourages persons, before performing any testing, to
consult with the Agency pertaining to protocol selection. Furthermore,
pursuant to TSCA section 4(h), which pertains to reduction of testing
in vertebrate animals, EPA encourages consultation with the Agency on
the use of alternative test methods and strategies (also called New
Approach Methodologies, or NAMs), if available, to generate the
recommended test data. EPA encourages dialog with Agency
representatives to help determine how best the submitter can meet both
the data needs and the objective of TSCA section 4(h).
    The potentially useful information described in Unit IV. may not be
the only means of providing information to evaluate the chemical
substance associated with the significant new uses. However, submitting
a SNUN without any test data may increase the likelihood that EPA will
take action under TSCA section 5(e) or 5(f). EPA recommends that
potential SNUN submitters contact EPA early enough so that they will be
able to conduct the appropriate tests.
    SNUN submitters should be aware that EPA will be better able to
evaluate SNUNs which provide detailed information on the following:
     Human exposure and environmental release that may result
from the significant new use of the chemical substances.

VIII. SNUN Submissions

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

IX. Economic Analysis

    EPA has evaluated the potential costs of establishing SNUN
requirements for potential manufacturers and processors of the chemical
substances subject to this proposed rule. EPA's complete economic
analysis is available in the docket under docket ID number EPA-HQ-OPPT-
2019-0650.

X. Statutory and Executive Order Reviews

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

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

    This proposed rule would establish SNURs for new chemical
substances that were the subject of PMNs. The Office of Management and
Budget (OMB) has exempted these types of actions from review under
Executive Order 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR
3821, January 21, 2011).

B. Paperwork Reduction Act (PRA)

    According to the PRA, 44 U.S.C. 3501 et seq., an Agency may not
conduct or sponsor, and a person is not required to respond to a
collection of information that requires OMB approval under PRA, unless
it has been approved by OMB and displays a currently valid OMB control
number. The OMB control

numbers for EPA's regulations in title 40 of the CFR, after appearing
in the Federal Register, are listed in 40 CFR part 9, and included on
the related collection instrument or form, if applicable.
    The information collection requirements related to this action have
already been approved by OMB pursuant to PRA under OMB control number
2070-0012 (EPA ICR No. 574). This action does not impose any burden
requiring additional OMB approval. If an entity were to submit a SNUN
to the Agency, the annual burden is estimated to average between 30 and
170 hours per response. This burden estimate includes the time needed
to review instructions, search existing data sources, gather and
maintain the data needed, and complete, review, and submit the required
SNUN.
    Send any comments about the accuracy of the burden estimate, and
any suggested methods for minimizing respondent burden, including
through the use of automated collection techniques, to the Director,
Regulatory Support Division, Office of Mission Support (2822T),
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington,
DC 20460-0001. Please remember to include the OMB control number in any
correspondence, but do not submit any completed forms to this address.

C. Regulatory Flexibility Act (RFA)

    Pursuant to section 605(b) of the RFA, 5 U.S.C. 601 et seq., the
Agency hereby certifies that promulgation of this proposed SNUR would
not have a significant adverse economic impact on a substantial number
of small entities. The requirement to submit a SNUN applies to any
person (including small or large entities) who intends to engage in any
activity described in the final rule as a ``significant new use.''
Because these uses are ``new,'' based on all information currently
available to EPA, it appears that no small or large entities presently
engage in such activities. A SNUR requires that any person who intends
to engage in such activity in the future must first notify EPA by
submitting a SNUN. Although some small entities may decide to pursue a
significant new use in the future, EPA cannot presently determine how
many, if any, there may be. However, EPA's experience to date is that,
in response to the promulgation of SNURs covering over 1,000 chemicals,
the Agency receives only a small number of notices per year. For
example, the number of SNUNs received was seven in Federal fiscal year
(FY) 2013, 13 in FY2014, six in FY2015, 12 in FY2016, 13 in FY2017, and
11 in FY2018, only a fraction of these were from small businesses. In
addition, the Agency currently offers relief to qualifying small
businesses by reducing the SNUN submission fee from $16,000 to $2,800.
This lower fee reduces the total reporting and recordkeeping of cost of
submitting a SNUN to about $10,116 for qualifying small firms.
Therefore, the potential economic impacts of complying with this
proposed SNUR are not expected to be significant or adversely impact a
substantial number of small entities. In a SNUR that published in the
Federal Register of June 2, 1997 (62 FR 29684) (FRL-5597-1), the Agency
presented its general determination that final SNURs are not expected
to have a significant economic impact on a substantial number of small
entities, which was provided to the Chief Counsel for Advocacy of the
Small Business Administration.

D. Unfunded Mandates Reform Act (UMRA)

    Based on EPA's experience with proposing and finalizing SNURs,
State, local, and Tribal governments have not been impacted by these
rulemakings, and EPA does not have any reasons to believe that any
State, local, or Tribal government will be impacted by this proposed
rule. As such, EPA has determined that this proposed rule does not
impose any enforceable duty, contain any unfunded mandate, or otherwise
have any effect on small governments subject to the requirements of
UMRA sections 202, 203, 204, or 205 (2 U.S.C. 1531-1538 et seq.).

E. Executive Order 13132: Federalism

    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 (64 FR
43255, August 10, 1999).

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

    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 does it involve or impose
any requirements that affect Indian Tribes. Accordingly, the
requirements of Executive Order 13175 (65 FR 67249, November 9, 2000),
do not apply to this proposed rule.

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

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

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

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

I. National Technology Transfer and Advancement Act (NTTAA)

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

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    This action does not entail special considerations of environmental
justice related issues as delineated by Executive Order 12898 (59 FR
7629, February 16, 1994).

List of Subjects in 40 CFR Part 721

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

    Dated: January 31, 2020.
Tala Henry,
Deputy Director, Office of Pollution Prevention and Toxics.
    Therefore, it is proposed that 40 CFR part 721 is amended as
follows:

PART 721--[AMENDED]

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

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

0
2. Add Sec. Sec.  721.11453 through 721.11458 to subpart E to read as
follows:

Subpart E--Significant New Uses for Specific Chemical Substances

Sec.  721.11453  Phosphonium, trihexyltetradecyl-, salt with 1,1,1-
trifluoro-N-[(trifluoromethyl)sulfonyl]methanesulfonamide (1:1).

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified as phosphonium,
trihexyltetradecyl-, salt with 1,1,1-trifluoro-N-
[(trifluoromethyl)sulfonyl]methanesulfonamide (1:1) (PMN P-18-58; CASRN
460092-03-9) is subject to reporting under this section for the
significant new uses described in paragraph (a)(2) of this section.
    (2) The significant new uses are:
    (i) Industrial, commercial, and consumer activities. It is a
significant new use to manufacture, process, or use the substance in a
manner that results in inhalation exposure.
    (ii) Release to water. Requirements as specified in Sec.
721.90(a)(4), (b)(4), and (c)(4) where N=11.
    (b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (c), (i), and (k) are applicable to manufacturers
and processors of this substance.
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.

Sec.  721.11454  Calcium manganese titanium oxide.

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified as calcium manganese
titanium oxide (PMN P-18-126; CASRN 153728-36-0) is subject to
reporting under this section for the significant new uses described in
paragraph (a)(2) of this section.
    (2) The significant new uses are:
    (i) Industrial, commercial, and consumer activities. Requirements
as specified in Sec.  721.80(o). It is a significant new use to use the
substance other than as a black pigment for architectural paint. It is
a significant new to manufacture or import greater than the annual
production volume identified in the PMN.
    (ii) [Reserved]
    (b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (c), and (i) are applicable to manufacturers and
processors of this substance.
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.

Sec.  721.11455   Rare earth oxide (generic).

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as rare
earth oxide (PMN P-18-199) is subject to reporting under this section
for the significant new uses described in paragraph (a)(2) of this
section.
    (2) The significant new uses are:
    (i) Industrial, commercial, and consumer activities. Requirements
as specified in Sec.  721.80(j).
    (ii) [Reserved]
    (b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (c), and (i) are applicable to manufacturers and
processors of this substance.
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.
    (3) Determining whether a specific use is subject to this section.
The provisions of Sec.  721.1725(b)(1) apply to paragraph (a)(2)(i) of
this section.

Sec.  721.11456  Acid-modified polyether (generic).

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as acid-
modified polyether (PMN P-18-367) is subject to reporting under this
section for the significant new uses described in paragraph (a)(2) of
this section.
    (2) The significant new uses are:
    (i) Industrial, commercial, and consumer activities. Requirements
as specified in Sec.  721.80(f) and (o). It is a significant new use to
process the substance to a final product formulation of greater than 2%
by weight.
    (ii) Release to water. Requirements as specified in Sec.
721.90(a)(4), (b)(4), and (c)(4) where N=9.
    (b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (c), (i), and (k) are applicable to manufacturers
and processors of this substance.
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.

Sec.  721.11457  Alkenoic acid polymer with 2-ethyl-2-(hydroxymethyl)-
1,3-alkyldiol, 1,1'-methylenebis(4-isocyantocarbomonocycle) and 3-
methyl-1,5-alkyldiol (generic).

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
alkenoic acid polymer with 2-ethyl-2-(hydroxymethyl)-1,3-alkyldiol,
1,1'-methylenebis(4-isocyantocarbomonocycle) and 3-methyl-1,5-alkyldiol
(PMN P-19-158) is subject to reporting under this section for the
significant new uses described in paragraph (a)(2) of this section.
    (2) The significant new uses are:
    (i) Industrial, commercial, and consumer activities. Requirements
as specified in Sec.  721.80(o). It is a significant new use to
manufacture, process, or use the substance in a manner that results in
inhalation exposure.
    (ii) Release to water. Requirements as specified in Sec.
721.90(a)(1), (b)(1), and (c)(1).
    (b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (c), and (i) are applicable to manufacturers and
processors of this substance.
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.

Sec.  721.11458  Bis-alkoxy substituted alkane, polymer with
aminoalkanol, (generic).

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as bis-
alkoxy substituted alkane, polymer with aminoalkanol, (PMN P-19-164) is
subject to reporting under this section for the significant new uses
described in paragraph (a)(2) of this section.
    (2) The significant new uses are:
    (i) Industrial, commercial, and consumer activities. It is a
significant new use to manufacture, process, or use the substance in a
manner that results in inhalation exposure.
    (ii) Release to water. Requirements as specified in Sec.
721.90(a)(4), (b)(4), and (c)(4) where N=1.
    (b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (c), (i), and (k) are applicable to manufacturers
and processors of this substance.

    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.

[FR Doc. 2020-02892 Filed 2-21-20; 8:45 am]
 BILLING CODE 6560-50-P