[Federal Register Volume 81, Number 166 (Friday, August 26, 2016)]
[Notices]
[Page 58923]
[FR Doc No: 2016-20435]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER16-2119-000]

 Hartree Partners, LP; Supplemental Notice That Initial Market-
Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding of
Hartree Partners, LP's application for market-based rate authority,
with an accompanying rate tariff, noting that such application includes
a request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is September 8, 2016.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for electronic review in the
Commission's Public Reference Room in Washington, DC. There is an
eSubscription link on the Web site that enables subscribers to receive
email notification when a document is added to a subscribed docket(s).
For assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For TTY,
call<PHONE_NUMBER>.

    Dated: August 19, 2016.
Kimberly D. Bose,
Secretary.
[FR Doc. 2016-20435 Filed 8-25-16; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register: August 9, 2010 (Volume 75, Number 152)]
[Notices]
[Page 47883]
[DOCID:fr09au10-102]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

Elimination of USDOT Number Registrant-Only Classification

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

ACTION: Notice of procedural changes to the Performance and
Registration Information Systems Management Program.

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SUMMARY: FMCSA announces elimination of the ``registrant-only'' USDOT
number as part of the Performance and Registration Information Systems
Management (PRISM) program. FMCSA developed the concept of a
``registrant-only'' USDOT number to identify registered owners of
commercial motor vehicles (CMVs) that are not motor carriers, but lease
their CMVs to entities that are motor carriers. FMCSA has concluded
that registrant-only USDOT numbers are being used differently from what
the Agency intended and thus the practice of issuing registrant-only
numbers to entities that are not motor carriers is having an adverse
affect on the Agency's ability to track motor carriers' safety
violations. As a result, FMCSA made the decision to eliminate the PRISM
procedure that requires non-motor carrier registrants to obtain USDOT
numbers, and will maintain all existing numbers as dormant registrant-
only USDOT numbers.

DATES: The effective date of the change is September 1, 2011.

FOR FURTHER INFORMATION CONTACT: Tom Lawler, Department of
Transportation, Federal Motor Carrier Safety Administration, 1200 New
Jersey Avenue, SE., Washington, DC 20590.<PHONE_NUMBER> (telephone),
202-366-3375 (fax<EMAIL_ADDRESS>(e-mail).

Background

    PRISM was created by Section 4003 of the Intermodal Surface
Transportation Efficiency Act of 1991 (ISTEA), Public Law 102-240 (105
Stat.1914, 2144, Dec. 18, 1991) as a demonstration project. The goal of
the demonstration project was to explore the potential benefits of
using State commercial vehicle registration sanctions as an incentive
to improve motor carrier safety [49 U.S.C. 31106(b)]. In 1998, Congress
authorized additional funding through Section 4004 of the
Transportation Equity Act for the 21st Century (TEA-21), Public Law
105-178 (112 Stat. 107, 398, June 9, 1998) to implement the PRISM
program nationwide.
    In 1999, FMCSA created the ``registrant-only'' USDOT number
classification to identify registered owners of CMVs that are not motor
carriers but lease their CMVs to entities that are motor carriers.
Because the registrant is not a motor carrier, the registrant-only
USDOT number is used to track ownership of CMVs in the Motor Carrier
Management Information System (MCMIS). A registrant-only USDOT number
does not authorize a non-motor carrier to operate in interstate
commerce, and it should not have any safety events assigned to it.
However, in numerous cases, law enforcement personnel have been
presented a registrant-only number during inspections and crash
investigations. As a result, data that should be assigned to the record
of the motor carrier operating the CMV has been erroneously assigned to
the registrant-only DOT number. The Agency conducted an analysis in
2009 and found that over 35,500 (18%) of the more than 200,000
registrant-only records in MCMIS contained crash and inspection
activity that should have been recorded on the lessee's motor carrier
record.
    Placement of this information on a registrant-only record adversely
affects the accuracy of FMCSA's safety monitoring system. Motor
carriers that improperly use registrant-only numbers can evade FMCSA
oversight, including compliance reviews and new entrant program audits.
In addition, if safety events are not properly attributed to the motor
carriers operating CMVs, FMCSA cannot factor those events into the
motor carriers' safety ratings.

Action To Be Taken

    On September 1, 2011, FMCSA will eliminate the practice of allowing
non-motor carrier registrants to obtain registrant-only USDOT numbers.
Approximately 40 of the State jurisdictions that are PRISM members will
be affected by this change. Members will need to modify their forms,
instruction manuals, computer systems' validation and safety edits,
renewal application and MCS-150 edits and procedures. FMCSA will be
working with members to make the necessary changes. The goal is for
members to make these changes by August 31, 2011.
    While members are modifying their systems, the FMCSA Division
Offices will be researching the events attributed to the registrant-
only records and reassigning the events to the proper motor carrier
record on MCMIS, or, if appropriate, changing the non-motor carrier to
motor carrier status. The registrant-only USDOT numbers will remain on
MCMIS as dormant numbers unless a non-motor carrier changes its status
to motor carrier. FMCSA's goal is to have all of the records corrected
by December 31, 2011.

    Issued on: July 30, 2010.
Anne S. Ferro,
Administrator.
[FR Doc. 2010-19593 Filed 8-6-10; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 76, Number 64 (Monday, April 4, 2011)]
[Notices]
[Pages 18616-18618]
[FR Doc No: 2011-7843]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No. FAA-2008-25755]

Operating Limitations at New York LaGuardia Airport

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of Extension to Order.

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SUMMARY: This action amends the Order Limiting Operations at New York
LaGuardia Airport (LGA) that published on December 27, 2006, and was
amended on November 8, 2007, August 19, 2008, and October 7, 2009. The
Order remains effective until the final Congestion Management Rule for
LaGuardia Airport, John F. Kennedy International Airport, and Newark
Liberty International Airport becomes effective but not later than
October 26, 2013.

DATES: This amendment is effective on April 4, 2011.

FOR FURTHER INFORMATION CONTACT: For technical questions concerning
this Order contact: Gerry Shakley, System Operations Services, Air
Traffic Organization, Federal Aviation Administration, 800 Independence
Avenue, SW., Washington, DC 20591; telephone:<PHONE_NUMBER>;
facsimile:<PHONE_NUMBER>; e-mail<EMAIL_ADDRESS>For legal
questions concerning this Order contact: Robert Hawks, Office of the
Chief Counsel, Federal Aviation Administration, 800 Independence
Avenue, SW., Washington, DC 20591; telephone:<PHONE_NUMBER>;
facsimile:<PHONE_NUMBER>; e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Availability of Rulemaking Documents

    You may obtain an electronic copy using the Internet by:
    (1) Searching the Federal eRulemaking Portal (http://www.regulations.gov);
    (2) Visiting the FAA's Regulations and Policies Web page at http://www.faa.gov/regulations_policies/; or
    (3) Accessing the Government Printing Office's Web page at http://www.gpoaccess.gov/fr/index.html.
    You also may obtain a copy by sending a request to the Federal
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence
Avenue, SW., Washington, DC 20591, or by calling<PHONE_NUMBER>. Make
sure to identify the amendment number or docket number of this
rulemaking.

Background

    Due to LGA's limited runway capacity, the airport cannot
accommodate the number of flights that airlines and others would like
to operate without causing significant congestion. The FAA has long
limited the number of arrivals and departures at LGA during peak demand
periods through the implementation of the High Density Rule (HDR).\1\
By statute enacted in April 2000, the HDR's applicability to LGA
operations terminated as of January 1, 2007.\2\
---------------------------------------------------------------------------

    \1\ 33 FR 17896 (Dec. 3, 1968). The FAA codified the rules for
operating at high density traffic airports in 14 CFR part 93,
subpart K. The HDR required carriers to hold a reservation, which
came to be known as a ``slot,'' for each takeoff or landing under
instrument flight rules at the high density traffic airports.
    \2\ Aviation Investment and Reform Act for the 21st Century
(AIR-21), Public Law 106-181 (Apr. 5, 2000), 49 U.S.C. 41715(a)(2).
---------------------------------------------------------------------------

    In anticipation of the HDR's expiration, the FAA proposed a long-
term rule that would limit the number of scheduled and unscheduled
operations at LGA.\3\ The FAA issued an Order on December 27, 2006,
adopting temporary limits pending the completion of the rulemaking.\4\
This Order was amended on November 8, 2007, and August 19, 2008.\5\ On
October 10, 2008, the FAA published the Congestion Management Rule for
LaGuardia Airport, which would have become effective on December 9,
2008.\6\ That rule was stayed by the U.S. Court of Appeals for the
District of Columbia Circuit and subsequently rescinded by the FAA.\7\
This Order was further extended on October 7, 2009.\8\
---------------------------------------------------------------------------

    \3\ 71 FR 51360 (August 29, 2006); Docket FAA-2006-25709. The
FAA subsequently published a Supplemental Notice of Proposed
Rulemaking. 73 FR 20846 (Apr. 17, 2008).
    \4\ 71 FR 77854.
    \5\ 72 FR 63224; 73 FR 48428.
    \6\ 73 FR 60574, amended by 73 FR 66517 (Nov. 10, 2008).
    \7\ 74 FR 52134 (Oct. 9, 2009).
    \8\ 74 FR 51653.
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    Under the Order, as amended, the FAA (1) Maintains the current
hourly limits on scheduled (75) and unscheduled (three) operations at
LGA during the peak period; (2) imposes an 80 percent minimum usage
requirement for Operating Authorizations (OAs) with defined exceptions;
(3) provides a mechanism for withdrawal of OAs for FAA operational
reasons; (4) provides for a lottery to reallocate withdrawn,
surrendered, or unallocated OAs; and (5) allows for trades and leases
of OAs for consideration for the duration of the Order. Without the
operational limitations imposed by this Order, the FAA expects severe
congestion-related delays would occur at LGA and at other airports
throughout the National Airspace System (NAS).
    The FAA is engaged in a rulemaking effort to implement a long-term
congestion management rule at LGA, John F. Kennedy International
Airport (JFK), and Newark Liberty International Airport (EWR). The FAA
anticipates publishing a notice of proposed rulemaking for the
Congestion Management Rule for LaGuardia Airport, John F. Kennedy
International Airport, and Newark Liberty International Airport (RIN
2120-AJ89) during the summer of 2011. To prevent this Order from
expiring prior to a final rule becoming effective, the FAA has
concluded it is necessary to extend the expiration date of this Order
until the final Congestion Management Rule for LaGuardia Airport, John
F. Kennedy International Airport, and Newark Liberty International
Airport becomes effective but not later than October 26, 2013. This
expiration date coincides with the expiration dates for the Orders
limiting scheduled operations at JFK and EWR, as also amended by
notices in today's Federal Register.
    Therefore, the FAA finds that notice and comment procedures under 5
U.S.C. section 553(b) are impracticable and contrary to the public
interest. The FAA further finds that good cause exists to

make this Order effective in less than 30 days.

The Amended Order

    The Order, as amended, is recited below in its entirety.

A. Scheduled Operations

    With respect to scheduled operations at LaGuardia:
    1. The final Order governs scheduled arrivals and departures at
LaGuardia from 6 a.m. through 9:59 p.m., Eastern Time, Monday through
Friday and from 12 noon through 9:59 p.m., Eastern Time, Sunday.
    2. The final Order takes effect on January 1, 2007, and will expire
when the final Congestion Management Rule for LaGuardia Airport, John
F. Kennedy International Airport, and Newark Liberty International
Airport becomes effective but not later than October 26, 2013.
    3. The FAA will assign operating authority to conduct an arrival or
a departure at LaGuardia during the affected hours to the air carrier
that holds equivalent slot or slot exemption authority under the High
Density Rule of FAA slot exemption rules as of January 1, 2007; to the
primary marketing air carrier in the case of AIR-21 small hub/nonhub
airport slot exemptions; or to the air carrier operating the flights as
of January 1, 2007, in the case of a slot held by a non carrier. The
FAA will not assign operating authority under the final Order to any
person or entity other than a certificated U.S. or foreign air carrier
with appropriate economic authority under 14 CFR part 121, 129 or 135.
The Chief Counsel of the FAA will be the final decision maker regarding
the initial assignment of Operating Authorizations.
    4. For administrative tracking purposes only, the FAA will assign
an identification number to each Operating Authorization.
    5. An air carrier can lease or trade an Operating Authorization to
another carrier for any consideration, not to exceed the duration of
the Order. Notice of a trade or lease under this paragraph must be
submitted in writing to the FAA Slot Administration Office, facsimile
(202) 267-7277 or e-mail<EMAIL_ADDRESS>and must come from a
designated representative of each carrier. The FAA must confirm and
approve these transactions in writing prior to the effective date of
the transaction. However, the FAA will approve transfers between
carriers under the same marketing control up to 5 business days after
the actual operation. This post-transfer approval is limited to
accommodate operational disruptions that occur on the same day of the
scheduled operation.
    6. Each air carrier holding an Operating Authorization must forward
in writing to the FAA Slot Administration Office a list of all
Operating Authorizations held by the carrier along with a listing of
the Operating Authorizations actually operated for each day of the two-
month reporting period within 14 days after the last day of the two-
month reporting period beginning January 1 and every two months
thereafter. Any Operating Authorization not used at least 80 percent of
the time over a two-month period will be withdrawn by the FAA except:
    A. The FAA will treat as used any Operating Authorization held by
an air carrier on Thanksgiving Day, the Friday following Thanksgiving
Day, and the period from December 24 through the first Saturday in
January.
    B. The FAA will treat as used any Operating Authorization obtained
by an air carrier through a lottery under paragraph 7 for the first 120
days after allocation in the lottery.
    C. The Administrator of the FAA may waive the 80 percent usage
requirement in the event of a highly unusual and unpredictable
condition which is beyond the control of the air carrier and which
affects carrier operations for a period of five consecutive days or
more.
    7. In the event that Operating Authorizations are withdrawn for
nonuse, surrendered to the FAA or are unassigned, the FAA will
determine whether any of the available Operating Authorizations should
be reallocated. If so, the FAA will conduct a lottery using the
provisions specified under 14 CFR 93.225. The FAA may retime an
Operating Authorization prior to reallocation in order to address
operational needs. When the final Order expires, any Operating
Authorizations reassigned under this paragraph, except those assigned
to new entrants or limited incumbents, will revert to the FAA for
reallocation according to the reallocation mechanism prescribed in the
final rule that succeeds the final Order.
    8. If the FAA determines that a reduction in the number of
allocated Operating Authorizations is required to meet operational
needs, such as reduced airport capacity, the FAA will conduct a
weighted lottery to withdraw Operating Authorizations to meet a reduced
hourly or half-hourly limit for scheduled operations. The FAA will
provide at least 45 days' notice unless otherwise required by
operational needs. Any Operating Authorization that is withdrawn or
temporarily suspended will, if reallocated, be reallocated to the air
carrier from which it was taken, provided that the air carrier
continues to operate scheduled service at LaGuardia.
    9. The FAA will enforce the final Order through an enforcement
action seeking a civil penalty under 49 U.S.C. 46301(a). An air carrier
that is not a small business as defined in the Small Business Act, 15
U.S.C. 632, would be liable for a civil penalty of up to $25,000 for
every day that it violates the limits set forth in the final Order. An
air carrier that is a small business as defined in the Small Business
Act would be liable for a civil penalty of up to $10,000 for every day
that it violates the limits set forth in the final Order. The FAA also
could file a civil action in U.S. District Court, under 49 U.S.C.
46106, 46107, seeking to enjoin any air carrier from violating the
terms of the final Order.

B. Unscheduled Operations \9\

    With respect to unscheduled flight operations at LaGuardia, the FAA
adopts the following:
---------------------------------------------------------------------------

    \9\ Unscheduled operations are operations other than those
regularly conducted by an air carrier between LaGuardia and another
service point. Unscheduled operations include general aviation,
public aircraft, military, charter, ferry, and positioning flights.
Helicopter operations are excluded from the reservation requirement.
Reservations for unscheduled flights operating under visual flight
rules (VFR) are granted when the aircraft receives clearance from
air traffic control to land or depart LaGuardia. Reservations for
unscheduled VFR flights are not included in the limits for
unscheduled operators.
---------------------------------------------------------------------------

    1. The final order applies to all operators of unscheduled flights,
except helicopter operations, at LaGuardia from 6 a.m. through 9:59
p.m., Eastern Time, Monday through Friday and from 12 noon through 9:59
p.m., Eastern Time, Sunday.
    2. The final Order takes effect on January 1, 2007, and will expire
when the final Congestion Management Rule for LaGuardia Airport, John
F. Kennedy International Airport, and Newark Liberty International
Airport becomes effective but not later than October 26, 2013.
    3. No person can operate an aircraft other than a helicopter to or
from LaGuardia unless the operator has received, for that unscheduled
operation, a reservation that is assigned by the David J. Hurley Air
Traffic Control System Command Center's Airport Reservation Office
(ARO). Additional information on procedures for obtaining a reservation
will be available via the Internet at http://www.fly.faa.gov/ecvrs.

    4. Three (3) reservations are available per hour for unscheduled
operations at LaGuardia. The ARO will assign reservations on a 30-
minute basis.
    5. The ARO receives and processes all reservation requests.
Reservations are assigned on a ``first-come, first-served'' basis,
determined as of the time that the ARO receives the request. A
cancellation of any reservation that will not be used as assigned would
be required.
    6. Filing a request for a reservation does not constitute the
filing of an instrument flight rules (IFR) flight plan, as separately
required by regulation. After the reservation is obtained, an IFR
flight plan can be filed. The IFR flight plan must include the
reservation number in the ``remarks'' section.
    7. Air Traffic Control will accommodate declared emergencies
without regard to reservations. Nonemergency flights in direct support
of national security, law enforcement, military aircraft operations, or
public use aircraft operations will be accommodated above the
reservation limits with the prior approval of the Vice President,
System Operations Services, Air Traffic Organization. Procedures for
obtaining the appropriate reservation for such flights are available
via the Internet at http://www.fly.faa.gov/ecvrs.
    8. Notwithstanding the limits in paragraph 4, if the Air Traffic
Organization determines that air traffic control, weather, and capacity
conditions are favorable and significant delay is not likely, the FAA
can accommodate additional reservations over a specific period. Unused
operating authorizations can also be temporarily made available for
unscheduled operations. Reservations for additional operations are
obtained through the ARO.
    9. Reservations cannot be bought, sold, or leased.

    Issued in Washington, DC on March 28, 2011.
Rebecca B. MacPherson,
Assistant Chief Counsel for Regulations.
[FR Doc. 2011-7843 Filed 4-1-11; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 84, Number 195 (Tuesday, October 8, 2019)]
[Proposed Rules]
[Pages 53663-53670]
[FR Doc No: 2019-21718]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 721

[EPA-HQ-OPPT-2019-0529; FRL-10000-60]
RIN 2070-AB27

Significant New Use Rules on Certain Chemical Substances (19-6.B)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing significant new use rules (SNURs) under the
Toxic Substances Control Act (TSCA) for seven 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 seven 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 and has taken any
risk management actions as are required as a result of that
determination.

DATES: Comments must be received on or before November 7, 2019.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPPT-2019-0529, 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 November 7, 2019 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-17-109, P-17-234,
P-17-400, P-18-92, P-18-105, P-18-295, and P-19-113. 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-2019-0529. That record includes
information considered by the Agency in developing these proposed
SNURs.

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

    TSCA section 5(a)(2) (15 U.S.C. 2604(a)(2)) authorizes EPA to
determine that a use of a chemical substance is a ``significant new
use.'' EPA must make this determination by rule after considering all
relevant factors, including the four TSCA section 5(a)(2) factors
listed in Unit III. 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

    TSCA section 5(a)(2) states that EPA's determination that a use of
a chemical substance is a significant new use must be made after
consideration of all relevant factors, including:
     The projected volume of manufacturing and processing of a
chemical substance.
     The extent to which a use changes the type or form of
exposure of human beings or the environment to a chemical substance.
     The extent to which a use increases the magnitude and
duration of exposure of human beings or the environment to a chemical
substance.
     The reasonably anticipated manner and methods of
manufacturing, processing, distribution in commerce, and disposal of a
chemical substance.
    In determining what would constitute a significant new use for the
chemical substances that are the subject of these SNURs, EPA considered
relevant information about the toxicity of the chemical substances, and
potential human exposures and environmental releases that may be
associated with the 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 seven 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.
     Information identified by EPA that would help characterize
the potential health and/or environmental effects of the chemical
substances if a manufacturer or processor is considering submitting a
SNUN for a significant new use designated by the SNUR.
    This information may include testing not required to be conducted
but which would help characterize the potential health and/or
environmental effects of the PMN substance. Any recommendation for
information identified by EPA was made based on EPA's consideration of
available screening-level data, if any, as well as other available
information on appropriate testing for the chemical substance. Further,
any such testing identified by EPA that includes testing on vertebrates
was made after consideration of available toxicity information,
computational toxicology and bioinformatics, and high-throughput
screening methods and their prediction models. EPA also recognizes that
whether testing/further information is needed will depend on the
specific exposure and use scenario in the SNUN. EPA encourages all SNUN
submitters to contact EPA to discuss any potential future testing. See
Unit VII. for more information.
     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-17-109

    Chemical name: Alkyldiamine, aminoalkyl dimethylaminoalkyl
dimethyl- (generic).
    CAS number: Not available.
    Basis for action: The PMN states that the use of the substance will
be as an intermediate for a polyurethane catalyst and as a polyurethane
catalyst. Based on the physical/chemical properties of the PMN
substance and Structure Activity Relationships (SAR) analysis of test
data on analogous substances, EPA has identified concerns for acute
toxicity, irritation and corrosion to the eye, skin, respiratory tract
and mucous membranes, neurotoxicity, blood effects, systemic effects,
developmental effects, genotoxicity, 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 of the PMN substance in a manner
that results in inhalation exposure.
    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 660 ppb.
    The proposed SNUR would designate as a ``significant new use''
these conditions of use.
    Potentially useful information: EPA has determined that certain
information about the human health and environmental toxicity of the
PMN substance 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. EPA has determined that the results
of acute toxicity, skin corrosion, eye damage, reproductive/
developmental toxicity, specific target organ toxicity, genetic
toxicity, and environmental toxicity testing would help characterize
the potential health and environmental effects of the PMN substance.
    CFR citation: 40 CFR 721.11412.

PMN Number: P-17-234

    Chemical name: Oxirane, 2-(chloromethyl)-, polymer with 2-
methyloxirane polymer with oxirane bis(2-aminopropyl) ether.
    CAS number: 78390-60-0.
    Basis for action: The PMN states that the use of the substance will
be as an adhesive intermediate. Based on the physical/chemical
properties of the PMN substance and Structure Activity Relationships
(SAR) analysis of test data on analogous substances, EPA has identified
concerns for sensitization, carcinogenicity, reproductive effects, lung
effects (surfactancy), and toxicity to aquatic organisms at surface
water concentrations exceeding 27 ppb, 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 of the PMN substance other than as a chemical intermediate.
    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 27 ppb.
    The proposed SNUR would designate as a ``significant new use''
these conditions of use.
    Potentially useful information: EPA has determined that certain
information about the human health and environmental toxicity of the
PMN substance 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 sensitization, respiratory sensitization,
carcinogenicity, reproductive toxicity, 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 721.11413.

PMN Number: P-17-400

    Chemical name: Terpolymer of vinylidene fluoride,
tetrafluoroethylene and 2,3,3,3-tetrafluoropropene (generic).
    CAS number: Not available.
    Basis for action: The PMN states that the generic (non-
confidential) use of the substance will be in rubber products. Based on
the physical/chemical properties of the PMN substance and Structure
Activity Relationships (SAR) analysis of test data on analogous
substances, EPA has identified concerns for lung overload 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 of the PMN substance other than as described in the PMN; and
    2. Manufacture, processing or use of the PMN substance in a manner
that results in inhalation exposure.
    The proposed SNUR would designate as a ``significant new use''
these conditions of use.
    Potentially useful information: EPA has determined that certain
information about the human health toxicity of the PMN substance 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. EPA has determined that the results of pulmonary effects
testing would help characterize the potential health effects of the PMN
substance.
    CFR citation: 40 CFR 721.11414.

PMN Number: P-18-92

    Chemical name: Phosphonium, tributylmethyl-, iodide (1:1).
    CAS number: 1702-42-7.
    Basis for action: The PMN states that the generic (non-
confidential) use of the substance will be as a catalyst used in the
manufacture of monoethylene glycol. Based on the physical/chemical
properties of the PMN substance and Structure Activity Relationships
(SAR) analysis of test data on analogous substances, EPA has identified
concerns for liver effects and neurotoxicity 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 of the PMN substance in a manner
that results in inhalation exposure.
    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 56 ppb.
    The proposed SNUR would designate as a ``significant new use''
these conditions of use.
    Potentially useful information: EPA has determined that certain
information about the human health and environmental toxicity of the
PMN substance 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 corrosion, eye damage, respiratory sensitization,
skin sensitization, pulmonary effects, developmental effects and
specific target organ toxicity

testing would help characterize the potential health and environmental
effects of the PMN substance.
    CFR citation: 40 CFR 721.11415.

PMN Number: P-18-105

    Chemical name: Phosphorous acid, triisotridecyl ester.
    CAS number: 77745-66-5.
    Basis for action: The PMN states that the use of the substance will
be in rigid and flexible polyvinyl chloride (PVC) processing as a
booster of stabilizers. In addition, EPA has reviewed other known
conditions of use of the substance as a coatings additive. Based on the
physical/chemical properties of the PMN substance, available data for
the PMN substance, and Structure Activity Relationships (SAR) analysis
of test data on analogous substances, EPA has identified concerns for
irritation, sensitization, and systemic and reproductive 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:
    1. Use of the PMN substance other than as a booster of PVC
stabilizers or as a coatings additive.
    2. Use of the PMN substance without a National Institute for
Occupational Safety and Health (NIOSH) certified respirator with an
assigned protection factor of at least 50 where there is a potential
for inhalation exposure, or at least 1000 where spray applied.
    The proposed SNUR would designate as a ``significant new use''
these conditions of use.
    Potentially useful information: EPA has determined that certain
information about the human health toxicity of the PMN substance 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. EPA has determined that the results of skin irritation/
corrosion, eye damage, and skin sensitization testing would help
characterize the potential health effects of the PMN substance.
    CFR citation: 40 CFR 721.11416.

PMN Number: P-18-295.

    Chemical name: 1,3-Butanediol, (3R)-.
    CAS number: 6290-03-5.
    Basis for action: The PMN states that the generic (non-
confidential) use of the substance will be as an ingredient in the
manufacture of consumer cleaning products and as a monomer in the
manufacture of plastics products. Based on the physical/chemical
properties of the PMN substance and Structure Activity Relationships
(SAR) analysis of test data on analogous substances, EPA has identified
concerns for neurological, reproductive, and developmental 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:
    1. Use of the PMN substance for other than as a chemical
intermediate or other than as an ingredient in cleaning products; and
    2. Manufacture within the United States (i.e., import only).
    The proposed SNUR would designate as a ``significant new use''
these conditions of use.
    Potentially useful information: EPA has determined that certain
information about the human health toxicity of the PMN substance 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. EPA has determined that the results of neurotoxicity,
specific organ toxicity, developmental and reproductive toxicity
testing would help characterize the potential health effects of the PMN
substance.
    CFR citation: 40 CFR 721.11417.

PMN Number: P-19-113

    Chemical name: Metal oxide-chloro (generic).
    CAS number: Not available
    Basis for action: The PMN states that the generic (non-
confidential) use of the substance will be as a flow cell additive.
Based on the physical/chemical properties of the PMN substance and
Structure Activity Relationships (SAR) analysis of test data on
analogous substances, EPA has identified concerns for acute toxicity,
systemic toxicity, reproductive toxicity, developmental toxicity,
neurotoxicity, immunotoxicity (asthma), lung cancer, irritation/
corrosion, serious eye damage, and toxicity to aquatic organisms at
surface water concentrations exceeding 13 ppb, 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 of the PMN substance other than as described in the PMN.
    2. Manufacturing, processing, or use of the substance that results
in inhalation exposures.
    3. 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 13 ppb.
    The proposed SNUR would designate as a ``significant new use''
these conditions of use.
    Potentially useful information: EPA has determined that certain
information about the human health and environmental toxicity of the
PMN substance 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/corrosion, eye damage, acute toxicity,
specific target organ toxicity, pulmonary effects, reproductive/
developmental toxicity, neurotoxicity, carcinogenicity, and aquatic
toxicity testing would help characterize the potential health and
environmental effects of the PMN substance.
    CFR citation: 40 CFR 721.11419.

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

TSCA section 5(a)(3)(C) that the significant new use is not likely to
present an unreasonable risk, including an unreasonable risk to a
potentially exposed or susceptible subpopulation identified as relevant
by the Administrator under the conditions of use, or make a
determination under TSCA section 5(a)(3)(A) or (B) and take the
required regulatory action associated with the determination, before
manufacture or processing for the significant new use of the chemical
substance can occur.
     To be able to complete its review and determination on
each of the PMN substances, while deferring analysis on the significant
new uses proposed in these rules unless and until the Agency receives a
SNUN.
    Issuance of a 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 October 2, 2019 (date of web posting) 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 sections 5(e) or 5(f). EPA recommends that
potential SNUN submitters contact EPA early enough so that they will be
able to conduct the appropriate tests.
    SNUN submitters should be aware that EPA will be better able to
evaluate SNUNs which provide detailed information on the following:
     Human exposure and environmental release that may result
from the significant new use of the chemical substances.

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-
2019-0263.

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 seven 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: September 30, 2019.
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.  721.11412 through 721.11419 to subpart E to read as
follows:

Subpart E--Significant New Uses for Specific Chemical Substances

* * * * *
Sec.
Sec.  721.11412 Alkyldiamine, aminoalkyl dimethylaminoalkyl
dimethyl- (generic).
Sec.  721.11413 Oxirane, 2-(chloromethyl)-, polymer with 2-
methyloxirane polymer with oxirane bis(2-aminopropyl) ether.
Sec.  721.11414 Terpolymer of vinylidene fluoride,
tetrafluoroethylene and 2,3,3,3-tetrafluoropropene (generic).
Sec.  721.11415 Phosphonium, tributylmethyl-, iodide (1:1)
Sec.  721.11416 Phosphorous acid, triisotridecyl ester.
Sec.  721.11417 1,3-Butanediol, (3R)-.
Sec.  721.11418 [Reserved].
Sec.  721.11419 Metal oxide-chloro (generic).
* * * * *

Sec.  721.11412  Alkyldiamine, aminoalkyl dimethylaminoalkyl dimethyl-
(generic).

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified as alkyldiamine,
aminoalkyl dimethylaminoalkyl dimethyl- (PMN P-17-109) 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, processing or use of the PMN
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 = 660.
    (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,
importers, and processors of this substance.
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.

Sec.  721.11413  Oxirane, 2-(chloromethyl)-, polymer with 2-
methyloxirane polymer with oxirane bis(2-aminopropyl) ether.

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified as oxirane, 2-
(chloromethyl)-, polymer with 2-methyloxirane polymer with oxirane
bis(2-aminopropyl) ether (PMN P-17-234, CAS No. 78390-60-0) 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(g).
    (ii) Release to water. Requirements as specified in Sec.
721.90(a)(4), (b)(4), and (c)(4) where N = 27.
    (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,
importers, and processors of this substance.
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.

Sec.  721.11414  Terpolymer of vinylidene fluoride, tetrafluoroethylene
and 2,3,3,3-tetrafluoropropene (generic).

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
terpolymer of vinylidene fluoride, tetrafluoroethylene and 2,3,3,3-
tetrafluoropropene (PMN P-17-400) is subject to reporting under this
section for the significant new uses described in paragraph (a)(2) of
this section.
    (2) The significant new uses are:
    (i) Industrial, commercial, and consumer activities. Requirements
as specified in Sec.  721.80 (j). It is a significant new use to
manufacture, processing or use of the PMN substance in a manner that
results in inhalation exposure.
    (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,
importers, 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.  721.11415  Phosphonium, tributylmethyl-, iodide (1:1).

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified as phosphonium,
tributylmethyl-, iodide (1:1) (PMN P-18-92, CAS No. 1702-42-7) is
subject to reporting under this section for the significant new uses
described in paragraph (a)(2) of this section.
    (2) The significant new uses are:
    (i) Industrial, commercial, and consumer activities. It is a
significant new use to manufacture, processing or use of the PMN
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 = 56.
    (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,
importers, and processors of this substance.
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.

Sec.  721.11416  Phosphorous acid, triisotridecyl ester.

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified as phosphorous acid,
triisotridecyl ester (PMN P-18-105, CAS No. 77745-66-5) is subject to
reporting under this section for the significant new uses described in
paragraph (a)(2) of this section.
    (2) The significant new uses are:
    (i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(4), when determining which persons are reasonably likely to
be exposed as required for Sec.  721.63(a)(4), engineering control
measures (e.g., enclosure or confinement of the operation, general and
local ventilation) or administrative control measures (e.g., workplace
policies and procedures) shall be considered and implemented to prevent
exposure, where feasible, (5)(respirators must provide a National
Institute for Occupational Safety and Health (NIOSH) assigned
protection factor of at least 50, or at least 1,000 if spray applied,
(a)(6)(particulate), (b)(concentration set at 1.0%), and (c).
    (ii) Industrial, commercial, and consumer activities. It is a
significant new use to use the chemical substance for other than as a
booster of polyvinyl chloride (PVC) stabilizers, or other than as a
coatings additive.
    (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), (d) and (i) are

applicable to manufacturers, importers, and processors of this
substance.
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.

Sec.  721.11417  1,3-Butanediol, (3R)-.

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified as 1,3-butanediol,
(3R)- (PMN P-18-295, CAS No. 6290-03-5) 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 721.80(f) and (g). It is a significant new use to use
the chemical substance for other than as an ingredient in cleaning
products.
    (ii) [Reserved].
    (b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (c), and (i) are applicable to manufacturers,
importers, and processors of this substance.
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.

Sec.  721.11418  [Reserved].

Sec.  721.11419  Metal oxide-chloro (generic).

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as metal
oxide-chloro (PMN P-19-113) is subject to reporting under this section
for the significant new uses described in paragraph (a)(2) of this
section.
    (2) The significant new uses are:
    (i) Industrial, commercial, and consumer activities. Requirements
as specified in Sec.  721.80(j). It is a significant new use to
manufacture, processing or use of the PMN 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 = 13.
    (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,
importers, 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.

[FR Doc. 2019-21718 Filed 10-7-19; 8:45 am]
 BILLING CODE 6560-50-P