46550 Federal Register / Vol. 85, No. 149 / Monday, August 3, 2020 / Rules and Regulations 
applications through a notice in the Federal 
Register. 
Executive Orders 12866, 13563, and 
13771 
Regulatory Impact Analysis 
Under Executive Order 12866, the 
Secretary must determine whether this 
regulatory action is ‘‘significant’’ and, therefore, subject to the requirements of the Executive order and subject to review by the Office of Management and Budget (OMB). Section 3(f) of Executive Order 12866 defines a ‘‘significant regulatory action’’ as an action likely to result in a rule that may— 
(1) Have an annual effect on the 
economy of $100 million or more, or adversely affect a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or Tribal governments or communities in a material way (also referred to as an ‘‘economically significant’’ rule); 
(2) Create serious inconsistency or 
otherwise interfere with an action taken or planned by another agency; 
(3) Materially alter the budgetary 
impacts of entitlement grants, user fees, or loan programs or the rights and obligations of recipients thereof; or 
(4) Raise novel legal or policy issues 
arising out of legal mandates, the President’s priorities, or the principles stated in the Executive order. 
This final regulatory action is not a 
significant regulatory action subject to review by OMB under section 3(f) of Executive Order 12866. 
Under Executive Order 13771, for 
each new rule that the Department proposes for notice and comment or otherwise promulgates that is a significant regulatory action under Executive Order 12866, and that imposes total costs greater than zero, it must identify two deregulatory actions. For FY 2020, any new incremental costs associated with a new regulation must be fully offset by the elimination of existing costs through deregulatory actions. Because this regulatory action is not significant, the requirements of Executive Order 13771 do not apply. 
We have also reviewed this final 
regulatory action under Executive Order 13563, which supplements and explicitly reaffirms the principles, structures, and definitions governing regulatory review established in Executive Order 12866. To the extent permitted by law, Executive Order 13563 requires that an agency— 
(1) Propose or adopt regulations only 
upon a reasoned determination that their benefits justify their costs (recognizing that some benefits and 
costs are difficult to quantify); 
(2) Tailor its regulations to impose the 
least burden on society, consistent with obtaining regulatory objectives and taking into account—among other things and to the extent practicable—the costs of cumulative regulations; 
(3) In choosing among alternative 
regulatory approaches, select those approaches that maximize net benefits 
(including potential economic, environmental, public health and safety, and other advantages; distributive impacts; and equity); 
(4) To the extent feasible, specify 
performance objectives, rather than the behavior or manner of compliance a regulated entity must adopt; and 
(5) Identify and assess available 
alternatives to direct regulation, including economic incentives—such as user fees or marketable permits—to encourage the desired behavior, or provide information that enables the public to make choices. 
Executive Order 13563 also requires 
an agency ‘‘to use the best available techniques to quantify anticipated present and future benefits and costs as accurately as possible.’’ The Office of Information and Regulatory Affairs of OMB has emphasized that these techniques may include ‘‘identifying changing future compliance costs that might result from technological innovation or anticipated behavioral changes.’’ 
We are issuing these final priorities, 
requirements, and definitions only on a reasoned determination that their benefits justify their costs. In choosing among alternative regulatory approaches, we selected those approaches that maximize net benefits. Based on the analysis that follows, the Department believes that this regulatory action is consistent with the principles in Executive Order 13563. 
We also have determined that this 
regulatory action does not unduly interfere with State, local, and Tribal governments in the exercise of their governmental functions. 
In accordance with both Executive 
orders, the Department has assessed the potential costs and benefits, both quantitative and qualitative, of this regulatory action. The potential costs are those resulting from statutory requirements and those we have determined as necessary for administering the Department’s programs and activities. 
Intergovernmental Review: This 
program is subject to Executive Order 12372 and the regulations in 34 CFR part 79. One of the objectives of the Executive order is to foster an intergovernmental partnership and a strengthened federalism. The Executive order relies on processes developed by State and local governments for coordination and review of proposed Federal financial assistance. 
This document provides early 
notification of our specific plans and actions for this program. 
Accessible Format: Individuals with 
disabilities can obtain this document in an accessible format (e.g., braille, large 
print, audiotape, or compact disc) on request to the program contact person listed under 
FOR FURTHER INFORMATION  
CONTACT . 
Electronic Access to This Document: 
The official version of this document is the document published in the Federal Register. You may access the official edition of the Federal Register and the Code of Federal Regulations at www.govinfo.gov. At this site you can 
view this document, as well as all other documents of this Department published in the Federal Register, in 
text or Adobe Portable Document Format (PDF). To use PDF you must have Adobe Acrobat Reader, which is available free at the site. 
You may also access documents of the 
Department published in the Federal Register by using the article search 
feature at: www.federalregister.gov. Specifically, through the advanced search feature at this site, you can limit your search to documents published by the Department. 
Mark Schultz, 
Commissioner, Rehabilitation Services 
Administration, Delegated the authority to perform the functions and duties of the Assistant Secretary for the Office of Special Education and Rehabilitative Services. 
[FR Doc. 2020–16685 Filed 7–30–20; 4:15 pm] 
BILLING CODE 4000–01–P 
ENVIRONMENTAL PROTECTION 
AGENCY 
40 CFR Parts 9 and 721 
[EPA–HQ–OPPT–2019–0495 FRL–10009–78] 
RIN 2070–AB27 
Significant New Use Rules on Certain 
Chemical Substances (19–5.B) 
AGENCY : Environmental Protection 
Agency (EPA). 
ACTION : Final rule. 
SUMMARY : EPA is issuing 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 requires persons to 
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notify EPA at least 90 days before 
commencing manufacture (defined by statute to include import) or processing of any of these chemical substances for an activity that is designated as a significant new use by this rule. The required notification initiates EPA’s evaluation of the chemical under the conditions of use within the applicable review period. Persons may not commence manufacture or processing for the significant new use until EPA has conducted a review of the Significant New Use Notice (SNUN), made an appropriate determination on the SNUN, and has taken such actions as are required as a result of that determination. 
DATES : This rule is effective on October 
2, 2020. For purposes of judicial review, this rule shall be promulgated at 1 p.m. (e.s.t.) on August 17, 2020. 
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: (202) 564–9232; email address: moss.kenneth@epa.gov. 
For general information contact: The 
TSCA-Hotline, ABVI-Goodwill, 422 South Clinton Ave., Rochester, NY 14620; telephone number: (202) 554– 1404; email address: TSCA-Hotline@epa.gov. 
SUPPLEMENTARY INFORMATION : 
I. General Information 
A. Does this action apply to me? 
You may be potentially affected by 
this action if you manufacture, process, 
or use the chemical substances contained in this rule. The following list of North American Industrial Classification System (NAICS) codes is not intended to be exhaustive, but rather provides a guide to help readers determine whether this document applies to them. Potentially affected entities may include: 
•Manufacturers or processors of one 
or more subject chemical substances (NAICS codes 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 provisions 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 SNURs must certify their compliance with the SNUR requirements. The EPA policy in support of import certification appears at 40 CFR part 707, subpart B. In addition, any persons who export or intend to export a chemical substance that is the subject of this rule are subject to the export notification provisions of TSCA section 12(b) (15 U.S.C. 2611(b)) (see 40 CFR 721.20), and must comply with the export notification requirements in 40 CFR part 707, subpart D. 
B. How can I access the docket? 
The docket includes information 
considered by the Agency in developing 
the proposed and final rules. The docket for this action, identified by the docket identification (ID) number listed at the top of this document, is available at http://www.regulations.gov or at the 
Office of Pollution Prevention and Toxics Docket (OPPT Docket), Environmental Protection Agency Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 1301 Constitution Ave. NW, Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566–1744, and the telephone number for the OPPT Docket is (202) 566–0280. Please review the visitor instructions and additional information about the docket available at http://www.epa.gov/dockets. 
Please note that due to the public 
health emergency the EPA Docket Center (EPA/DC) and Reading Room was closed to public visitors on March 31, 2020. Our EPA/DC staff will continue to provide customer service via email, phone, and webform. For further information on EPA/DC services, docket contact information and the current status of the EPA/DC and Reading Room, please visit https://www.epa.gov/dockets. 
II. Background A. What action is the Agency taking? 
EPA is finalizing SNURs under TSCA 
section 5(a)(2) for chemical substances 
which were the subject of PMNs P–17– 324, P–18–109, P–18–276, P–18–358, P– 18–384, and P–19–24. These SNURs require persons who intend to manufacture or process any of these chemical substances for an activity that is designated as a significant new use to notify EPA at least 90 days before commencing that activity. Previously, in the Federal Register of 
September 11, 2019 (84 FR 47923) (FRL–9999–27), EPA proposed SNURs for these chemical substances and established the record for these SNURs in the docket under docket ID number EPA–HQ–OPPT–2019–0495. That docket includes information considered by the Agency in developing the proposed and final rules, including public comments and EPA’s responses to the public comments received. 
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 bulleted TSCA section 5(a)(2) factors listed in Unit III. 
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. According to 40 CFR 721.1(c), persons subject to these SNURs must comply with the same significant new use notice (SNUN) requirements and EPA regulatory procedures as submitters of PMNs under TSCA section 5(a)(1)(A). In particular, these requirements include the information submission requirements of TSCA sections 5(b) and 5(d)(1), the exemptions authorized by TSCA sections 5(h)(1), (h)(2), (h)(3), and (h)(5), and the regulations at 40 CFR part 720. Once EPA receives a SNUN, EPA must either determine that the significant new use is not likely to present an unreasonable risk of injury or take such regulatory action as is associated with an alternative determination before the manufacture or processing for the significant new use can commence. If EPA determines that the significant new use is not likely to present an unreasonable risk, EPA is required under TSCA section 5(g) to make public, and submit for publication in the Federal Register, a statement of EPA’s findings. 
III. Significant New Use Determination 
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: 
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•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 addition to these factors 
enumerated in TSCA section 5(a)(2), the statute authorizes EPA to consider any other relevant factors. 
In determining what would constitute 
a significant new use for the chemical substances that are the subject of these SNURs, EPA considered relevant information about the toxicity of the chemical substances, and potential human exposures and environmental releases that may be associated with the substances, in the context of the four bulleted TSCA section 5(a)(2) factors listed in this unit. During its review of these chemicals, EPA identified certain conditions of use that are not intended by the submitters, but reasonably foreseen to occur. EPA is finalizing its proposed designation of those reasonably foreseen conditions of use as well as certain other circumstances of use as significant new uses. 
IV. Public Comments on Proposed Rule 
and EPA Responses 
EPA received public comments from 
two identifying entities on the proposed rule. The Agency’s responses are presented in the Response to Public Comments document that is available in the docket for this rule. In response to public comment, EPA has modified the significant new use in the SNUR at 40 CFR 721.11379 to refer more generally to the manufacture of 6-lithium halide scintillation crystals. 
V. Substances Subject to This Rule 
EPA is establishing significant new 
use and recordkeeping requirements for 
chemical substances in 40 CFR part 721, subpart E. In Unit IV. of the proposed SNUR (see Unit II.A.), EPA provided the following information for each chemical substance: 
•PMN number. 
•Chemical name (generic name, if 
the specific name is claimed as CBI). 
•Chemical Abstracts Service (CAS) 
Registry number (if assigned for non- confidential chemical identities). 
•Basis for the SNUR. 
•Potentially Useful Information. •CFR citation assigned in the 
regulatory text section of these rules. 
The regulatory text section of these 
rules specifies the activities designated 
as significant new uses. Certain new uses, including production volume limits and other uses designated in the rules, may be claimed as CBI. 
The chemical substances that are the 
subject of the SNURs addressed in this document completed premanufacture review. In addition to those conditions of use intended by the submitter, EPA has identified certain other reasonably foreseen conditions of use as well as other circumstances 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 designating these reasonably foreseen and other circumstances of use as significant new uses. As a result, those significant new uses cannot occur without first going through a separate, subsequent EPA review and determination process associated with the SNUN. 
VI. Rationale and Objectives of the Rule A. Rationale 
During review of the PMNs submitted 
for the chemical substances that are the 
subject of these SNURs and as further discussed in Unit IV. of the proposed rule, EPA identified certain reasonably foreseen conditions of use as well as certain other circumstances of use different from the intended conditions of use identified in the PMNs and determined that those changes could result in changes in the type or form of exposure to the chemical substances and/or increased exposures to the chemical substances and/or changes in the reasonably anticipated manner and methods of manufacturing, processing, distribution in commerce, and disposal of the chemical substances. 
B. Objectives 
EPA is issuing these SNURs because 
the Agency wants: 
•To receive notice of any person’s 
intent to manufacture or process a listed 
chemical substance for the described 
significant new use before that activity begins. 
•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 before the significant new use may commence. 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. 
Issuance of a SNUR for a chemical 
substance does not signify that the chemical substance is listed on the TSCA Chemical Substance Inventory (TSCA Inventory). Guidance on how to determine if a chemical substance is on the TSCA Inventory is available on the internet at http://www.epa.gov/opptintr/ existingchemicals/pubs/tscainventory/ index.html. 
VII. Applicability of the Significant 
New Use Designation 
To establish a significant new use, 
EPA must determine that the use is not ongoing. The chemical substances subject to this rule have undergone premanufacture review. 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 chemical substances for which an NOC has not been submitted EPA concludes that the designated significant new uses are not ongoing. 
EPA designated September 4, 2019 
(the date of web posting of the proposed rule) as the cutoff date for determining whether the new use is ongoing. The objective of EPA’s approach has been to ensure that a person could not defeat a SNUR by initiating a significant new use before the effective date of the final rule. 
In the unlikely event that a person 
began commercial manufacture or processing of the chemical substances for a significant new use identified as of that date, that person will have to cease any such activity upon the effective date of the final rule. To resume their activities, that person would have to first comply with all applicable SNUR notification requirements and wait until EPA has conducted a review of the notice, made an appropriate determination on the notice, and has taken such actions as are required with that determination. 
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VIII. Development and Submission of 
Information 
EPA recognizes that TSCA section 5 
does not require development of any particular new information (e.g., generating test data) before submission of a SNUN. There is an exception: If a person is required to submit information for a chemical substance pursuant to a rule, Order or consent agreement under TSCA section 4 (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. of the proposed rule lists potentially useful information for all SNURs listed in this document. Descriptions are provided for informational purposes. The information identified in Unit IV. of the proposed rule will be potentially 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. 
EPA strongly encourages persons, 
before performing any testing, to consult with the Agency. Furthermore, pursuant to TSCA section 4(h), which pertains to reduction of testing in vertebrate animals, EPA encourages consultation with the Agency on the use of alternative test methods and strategies (also called New Approach Methodologies, or NAMs), if available, to generate the recommended test data. EPA encourages dialog with Agency representatives to help determine how best the submitter can meet both the data needs and the objective of TSCA section 4(h). 
The potentially useful information 
described in Unit IV. of the proposed rule may not be the only means of providing information to evaluate the chemical substance associated with the significant new uses. However, submitting a SNUN without any test data may increase the likelihood that EPA will take action under TSCA sections 5(e) or 5(f). EPA recommends that potential SNUN submitters contact EPA early enough so that they will be able to conduct the appropriate tests. SNUN submitters should be aware 
that EPA will be better able to evaluate 
SNUNs that provide detailed information on the following: 
•Human exposure and 
environmental release that may result from the significant new use of the chemical substances. 
•Information on risks posed by the 
chemical substances compared to risks posed by potential substitutes. 
IX. Procedural Determinations 
By this rule, EPA is establishing 
certain significant new uses which have 
been claimed as CBI subject to Agency confidentiality regulations at 40 CFR part 2 and 40 CFR part 720, subpart E. Absent a final determination or other disposition of the confidentiality claim under 40 CFR part 2 procedures, EPA is required to keep this information confidential. EPA promulgated a procedure to deal with the situation where a specific significant new use is CBI, at 40 CFR 721.1725(b)(1). 
Under these procedures a 
manufacturer or processor may request EPA to determine whether a proposed use would be a significant new use under the rule. The manufacturer or processor must show that it has a bona fide intent to manufacture or process the 
chemical substance and must identify the specific use for which it intends to 
manufacture or process the chemical substance. If EPA concludes that the person has shown a bona fide intent to manufacture or process the chemical substance, EPA will tell the person whether the use identified in the bona fide submission would be a significant 
new use under the rule. Since most of the chemical identities of the chemical substances subject to these SNURs are also CBI, manufacturers and processors can combine the bona fide submission under the procedure in 40 CFR 721.1725(b)(1) with that under 40 CFR 721.11 into a single step. 
If EPA determines that the use 
identified in the bona fide submission would not be a significant new use, i.e., the use does not meet the criteria specified in the rule for a significant new use, that person can manufacture or process the chemical substance so long as the significant new use trigger is not met. In the case of a production volume trigger, this means that the aggregate annual production volume does not exceed that identified in the bona fide submission to EPA. Because of confidentiality concerns, EPA does not typically disclose the actual production volume that constitutes the use trigger. Thus, if the person later intends to exceed that volume, a new bona fide submission would be necessary to determine whether that higher volume would be a significant new use. 
X. 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 http://www.epa.gov/opptintr/newchems. 
XI. Economic Analysis 
EPA has evaluated the potential costs 
of establishing SNUN requirements for 
potential manufacturers and processors of the chemical substances subject to this rule. EPA’s complete economic analysis is available in the docket under docket ID number EPA–HQ–OPPT– 2019–0495. 
XII. Statutory and Executive Order 
Reviews 
Additional information about these 
statutes and Executive Orders can be found at https://www.epa.gov/laws- regulations-and-executive-orders. 
A. Executive Order 12866: Regulatory 
Planning and Review and Executive Order 13563: Improving Regulations and Regulatory Review 
This action establishes SNURs for 
several new chemical substances that were the subject of PMNs. The Office of Management and Budget (OMB) has exempted these types of actions from review under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011). 
B. Paperwork Reduction Act (PRA) 
According to PRA (44 U.S.C. 3501 et 
seq.), an agency may not conduct or 
sponsor, and a person is not required to respond to a collection of information that requires OMB approval under PRA, unless it has been approved by OMB and displays a currently valid OMB control number. The OMB control numbers for EPA’s regulations in title 40 of the CFR, after appearing in the Federal Register, are listed in 40 CFR part 9, and included on the related collection instrument or form, if applicable. EPA is amending the table in 40 CFR part 9 to list the OMB approval number for the information collection requirements contained in this action. This listing of the OMB control numbers 
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and their subsequent codification in the 
CFR satisfies the display requirements of PRA and OMB’s implementing regulations at 5 CFR part 1320. This Information Collection Request (ICR) was previously subject to public notice and comment prior to OMB approval, and given the technical nature of the table, EPA finds that further notice and comment to amend it is unnecessary. As a result, EPA finds that there is ‘‘good cause’’ under section 553(b)(3)(B) of the Administrative Procedure Act (5 U.S.C. 553(b)(3)(B)) to amend this table without further notice and comment. 
The information collection 
requirements related to this action have already been approved by OMB pursuant to PRA under OMB control number 2070–0012 (EPA ICR No. 574). This action 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 
Regulatory Flexibility Act (RFA) (5 
U.S.C. 601 et seq.), the Agency hereby 
certifies that promulgation of this SNUR would not have a significant adverse economic impact on a substantial number of small entities. The 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, EPA has concluded 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, EPA received 7 SNUNs in Federal fiscal year (FY) 2013, 13 in FY2014, 6 in FY2015, 10 in FY2016, 14 in FY2017, and 11 in FY2018 and only a fraction of these were from small businesses. In addition, the Agency currently offers relief to qualifying small businesses by reducing the SNUN submission fee from $16,000 to $2,800. This lower fee reduces the total reporting and recordkeeping of cost of submitting a SNUN to about $10,116 for qualifying small firms. Therefore, the potential economic impacts of 
complying with this SNUR are not expected to be significant or adversely impact a substantial number of small entities. In a SNUR that published in the Federal Register of June 2, 1997 (62 FR 29684) (FRL–5597–1), the Agency presented its general determination that final SNURs are not expected to have a significant economic impact on a substantial number of small entities, which was provided to the Chief Counsel for Advocacy of the Small Business Administration. 
D. Unfunded Mandates Reform Act 
(UMRA) 
Based on EPA’s experience with 
proposing and finalizing SNURs, State, local, and Tribal governments have not been impacted by these rulemakings, and EPA does not have any reasons to believe that any State, local, or Tribal government will be impacted by this action. As such, EPA has determined that this action does not impose any enforceable duty, contain any unfunded mandate, or otherwise have any effect on small governments subject to the requirements of UMRA sections 202, 203, 204, or 205 (2 U.S.C. 1501 et seq.). 
E. Executive Order 13132: Federalism 
This action will not have a substantial 
direct effect on States, on the 
relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132, entitled ‘‘Federalism’’ (64 FR 43255, August 10, 1999). 
F. Executive Order 13175: Consultation 
and Coordination With Indian Tribe Governments 
This action does not have Tribal 
implications because it is not expected to have substantial direct effects on Indian Tribes. This action does 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 action. 
G. Executive Order 13045: Protection of 
Children From Environmental Health Risks and Safety Risks 
This action is not subject to Executive 
Order 13045 (62 FR 19885, April 23, 1997), because this is not an economically significant regulatory action as defined by Executive Order 12866, and this action does not address environmental health or safety risks disproportionately affecting children. 
H. Executive Order 13211: Actions 
Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use 
This action is not subject to Executive 
Order 13211 (66 FR 28355, May 22, 2001), because this action is not 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). 
XIII. Congressional Review Act (CRA) 
Pursuant to the CRA (5 U.S.C. 801 et 
seq.), EPA will submit a report 
containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. This action is not 
a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). 
List of Subjects 40 CFR Part 9 
Environmental protection, Reporting 
and recordkeeping requirements. 
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40 CFR Part 721 
Environmental protection, Chemicals, 
Hazardous substances, Reporting and 
recordkeeping requirements. 
Dated: July 7, 2020. 
Tala Henry, 
Deputy Director, Office of Pollution 
Prevention and Toxics. 
Therefore, for the reasons stated in the 
preamble, the EPA amends 40 CFR parts 
9 and 721 as follows: 
PART 9—[AMENDED] 
■1. The authority citation for part 9 
continues to read as follows: 
Authority: 7 U.S.C. 135 et seq., 136–136y; 
15 U.S.C. 2001, 2003, 2005, 2006, 2601–2671; 
21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33 U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318, 
1321, 1326, 1330, 1342, 1344, 1345 (d) and (e), 1361; E.O. 11735, 38 FR 21243, 3 CFR, 1971–1975 Comp. p. 973; 42 U.S.C. 241, 242b, 243, 246, 300f, 300g, 300g–1, 300g–2, 300g–3, 300g–4, 300g–5, 300g–6, 300j–1, 300j–2, 300j–3, 300j–4, 300j–9, 1857 et seq., 6901–6992k, 7401–7671q, 7542, 9601–9657, 11023, 11048. 
■2. In § 9.1, add entries for 
§§ 721.11375 through 721.11380 in 
numerical order under the undesignated center heading ‘‘Significant New Uses of Chemical Substances’’ to read as follows: 
§ 9.1 OMB approvals under the Paperwork 
Reduction Act. 
* * * * * 
40 CFR citation OMB 
control No. 
*****  
Significant New Uses of Chemical 
Substances 
*****  
721.11375 ............................... 2070–0012 721.11376 ............................... 2070–0012 721.11377 ............................... 2070–0012 721.11378 ............................... 2070–0012 721.11379 ............................... 2070–0012 721.11380 ............................... 2070–0012 
* * * * * 
PART 721—[AMENDED] 
■3. The authority citation for part 721 
continues to read as follows: 
Authority: 15 U.S.C. 2604, 2607, and 
2625(c). 
■4. Add §§ 721.11375 through 
721.11380 to subpart E to read as 
follows: Subpart E—Significant New Uses for Specific Chemical Substances 
Sec. 
* * * * * 
721.11375 2,4-Hexadien-1-ol, 1-acetate, 
(2E,4E)-. 
721.11376 2-Alkenoic acid, 2-alkyl-, alkyl 
ester, polymer with 2- 
(dialkylamino)alkyl 2-alkyl-2-alkenoate, alkyl 2-alkyl-2-alkenoate and a-(2-alkyl- 1-oxo-2-alken-1-yl)-o-alkoxypoly(oxy- 1,2-alkanediyl), [(1-alkoxy-2-alkyl-1- alken-1-yl)oxy]trialkylsilane-initiated (generic). 
721.11377 Benzenesulfonamide, N-[2- 
[[(phenylamino)carbonyl]amino]phenyl]-. 
721.11378 1H-Imidazole-1-propanenitrile, 
2-ethyl-ar-methyl-. 
721.11379 Lithium, isotope of mass 6. 721.11380 Silsesquioxanes, 3- 
(dimethyloctadecylammonio)propyl Me Pr, polymers with silicic acid (H
4SiO 4) 
tetra-Et ester, (2-hydroxyethoxy)- and methoxy-terminated, chlorides. 
§ 721.11375 2,4-Hexadien-1-ol, 1-acetate, (2E,4E)-. 
(a) Chemical substance and 
significant new uses subject to reporting. 
(1) The chemical substance identified as 2,4-hexadien-1-ol, 1-acetate, (2E,4E)- (PMN P–17–324, CAS No. 57006–69–6) 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(g). 
(ii) Release to water. Requirements as 
specified in § 721.90(a)(4), (b)(4), and (c)(4) where N=24. 
(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 § 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 § 721.185 apply to this section. 
§ 721.11376 2-Alkenoic acid, 2-alkyl-, alkyl 
ester, polymer with 2-(dialkylamino)alkyl 2- alkyl-2-alkenoate, alkyl 2-alkyl-2-alkenoate and a-(2-alkyl-1-oxo-2-alken-1-yl)-o- alkoxypoly(oxy-1,2-alkanediyl), [(1-alkoxy-2- alkyl-1-alken-1-yl)oxy]trialkylsilane-initiated (generic). 
(a) Chemical substance and 
significant new uses subject to reporting. 
(1) The chemical substance identified generically as 2-alkenoic acid, 2-alkyl-, alkyl ester, polymer with 2- (dialkylamino)alkyl 2-alkyl-2-alkenoate, alkyl 2-alkyl-2-alkenoate and a-(2-alkyl- 1-oxo-2-alken-1-yl)-o-alkoxypoly(oxy- 1,2-alkanediyl), [(1-alkoxy-2-alkyl-1- alken-1-yl)oxy]trialkylsilane-initiated (PMN P–18–109) 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, process, or use the chemical substance in a manner that results in inhalation exposure. 
(ii) Release to water. Requirements as 
specified in § 721.90(a)(4), (b)(4), and (c)(4) where N=14. 
(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 § 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 § 721.185 apply to this section. 
§ 721.11377 Benzenesulfonamide, N-[2- 
[[(phenylamino)carbonyl]amino]phenyl]-. 
(a) Chemical substance and 
significant new uses subject to reporting. 
(1) The chemical substance identified as benzenesulfonamide, N-[2- [[(phenylamino)carbonyl]amino]phenyl]- (PMN P–18–276, CAS No. 215917–77–4) is subject to reporting under this section for the significant new uses described in paragraph (a)(2) of this section. 
(2) The significant new uses are: 
(i) Industrial, commercial, and 
consumer activities. It is a significant 
new use to use the chemical substance for other than as a developer for thermal paper. 
(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 § 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 § 721.185 apply to this section. 
§ 721.11378 1H-Imidazole-1- 
propanenitrile,2-ethyl-ar-methyl-. 
(a) Chemical substance and 
significant new uses subject to reporting. 
(1) The chemical substance identified as 1H-imidazole-1-propanenitrile,2-ethyl- 
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ar-methyl- (PMN P–18–358, CAS No. 
568591–00–4) is subject to reporting under this section for the significant new uses described in paragraph (a)(2) of this section. 
(2) The significant new uses are: 
(i) Industrial, commercial, and 
consumer activities. Requirements as 
specified in § 721.80(y)(1). It is a significant new use to use the chemical substance for other than as a curing agent within carbon fiber reinforced plastics prepreg or a curing agent in industrial adhesives for electronics. 
(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 § 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 § 721.185 apply to this section. 
(3) Determining whether a specific use 
is subject to this section. The provisions of § 721.1725(b)(1) apply to paragraph (a)(2)(i) of this section. 
§ 721.11379 Lithium, isotope of mass 6. 
(a) Chemical substance and 
significant new uses subject to reporting. (1) The chemical substance identified as lithium, isotope of mass 6 (P–18–384, CASRN 14258–72–1) 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 chemical substance without the workplace engineering controls described in the PMN. It is a significant new use to use the chemical substance other than as a starting material for manufacture of 6-Lithium halide scintillation crystals for use in radiation detection. 
(ii) Release to water. Requirements as 
specified in § 721.90(a)(4), (b)(4), and (c)(4) where N = 8.5. 
(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 
§ 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 § 721.185 apply to this section. (3) Determining whether a specific use 
is subject to this section. The provisions of § 721.1725(b)(1) apply to paragraph (a)(2)(i) of this section. 
§ 721.11380 Silsesquioxanes, 3- 
(dimethyloctadecylammonio)propyl Me Pr, polymers with silicic acid (H
4SiO 4) tetra-Et 
ester, (2-hydroxyethoxy)- and methoxy- terminated, chlorides. 
(a) Chemical substance and 
significant new uses subject to reporting. 
(1) The chemical substance identified as silsesquioxanes, 3- (dimethyloctadecylammonio)propyl Me Pr, polymers with silicic acid (H
4SiO 4) 
tetra-Et ester, (2-hydroxyethoxy)- and methoxy-terminated, chlorides. (PMN P–19–24, CAS No. 35501–23–6) 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 use the substance other than as an asphalt additive or asphalt emulsion additive. It is a significant new use to use the chemical substance as an asphalt additive in a manner that results in inhalation exposure to respirable particles or droplets containing the chemical substance. 
(ii) Release to water. Requirements as 
specified in § 721.90(a)(4), (b)(4), and (c)(4) where N=8. 
(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 § 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 § 721.185 apply to this section. 
[FR Doc. 2020–15014 Filed 7–31–20; 8:45 am] 
BILLING CODE 6560–50–P 
ENVIRONMENTAL PROTECTION AGENCY 
48 CFR Parts 1539 and 1552 
[EPA–HQ–OARM–2018–0743; FRL–10011– 
94–OMS] 
Environmental Protection Agency 
Acquisition Regulation (EPAAR); Open Source Software 
AGENCY : Environmental Protection 
Agency (EPA). 
ACTION : Final rule. 
SUMMARY : The Environmental Protection 
Agency (EPA) is adding a new clause to the EPAAR addressing open source 
software requirements, including EPA’s ability to share open source software developed under its procurements. 
DATES : This final rule is effective on 
August 3, 2020. 
ADDRESSES : The EPA has established a 
docket for this action under Docket ID No. EPA–HQ–OARM–2018–0743. All documents in the docket are listed on the https://www.regulations.gov 
website. 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, is not placed on the internet and will be publicly available only in hard copy form. Publicly available docket materials are available electronically through http://www.regulations.gov. 
FOR FURTHER INFORMATION CONTACT : 
Thomas Valentino, Policy, Training, and Oversight Division, Office of Acquisition Solutions (3802R), Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460; telephone number: 202–564– 4522; email address: valentino.thomas@epa.gov. 
SUPPLEMENTARY INFORMATION : 
I. Background 
The EPA is writing a new EPAAR 
clause to address open source software 
requirements at EPA, so that the EPA can share custom-developed code as open source code developed under its procurements, in accordance with Office of Management and Budget’s (OMB) Memorandum M–16–21, Federal Source Code Policy: Achieving Efficiency, Transparency, and Innovation through Reusable and Open Source Software. In meeting the requirements of Memorandum M–16–21 the EPA will be providing an enterprise code inventory indicating if the new code (source code or code) was custom- developed for, or by, the agency; or if the code is available for Federal reuse; or if the code is available publicly as open source code; or if the code cannot be made available due to specific exceptions. On October 18, 2019 (84 FR 55894) EPA sought comments on the proposed rule and received four comments. One commenter stated that a single location to access open-source code would be easier to access and manage. The EPA agrees, and participates in the https://code.gov/ platform provided by the General Services Administration (GSA) to host open-source code. Another commenter stated that protecting our nation’s computer systems should be a high 
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