Federal Register / Vol. 78, No. 18 / Monday, January 28, 2013 / Proposed Rules 5761 

Clean Water Act and the National 

Fishing Enhancement Act to account for 

inflation. For further information, 

including instructions on how to submit 

comments, please see the information 

provided in the direct final rule that is 

located in the ‘‘Rules and Regulations’’ 

section of this Federal Register 

publication. 

Dated: January 22, 2013. 

Jo-Ellen Darcy, 

Assistant Secretary of the Army (Civil Works). 

[FR Doc. 2013–01656 Filed 1–25–13; 8:45 am] 

BILLING CODE 3720–58–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 721 

[EPA–HQ–OPPT–2012–0864; FRL–9370–5] 

RIN 2070–AB27 

Proposed Modification of Significant 

New Uses of Ethaneperoxoic Acid, 1,1- 

Dimethylpropyl Ester 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: Under the Toxic Substances 

Control Act (TSCA), EPA is proposing to 

amend the significant new use rule 

(SNUR) for the chemical substance 

identified as ethaneperoxoic acid, 1,1- 

dimethylpropyl ester, which was the 

subject of premanufacture notice (PMN) 

P–85–680. This action would amend the 

SNUR to allow certain uses without 

requiring a significant new use notice 

(SNUN), and would extend SNUN 

requirements to certain additional uses. 

EPA is proposing this amendment based 

on review of new toxicity test data. 

DATES: Comments must be received on 

or before February 27, 2013. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPPT–2012–0864, by 

one of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

• Mail: Document Control Office 

(7407M), Office of Pollution Prevention 

and Toxics (OPPT), Environmental 

Protection Agency 1200 Pennsylvania 

Ave. NW., Washington, DC 20460–0001. 

• Hand Delivery: OPPT Document 

Control Office (DCO), EPA East Bldg., 

Rm. 6428, 1201 Constitution Ave. NW., 

Washington, DC. ATTN: Docket ID 

Number EPA–HQ–OPPT–2012–0864. 

The DCO is open from 8 a.m. to 4 p.m., 

Monday through Friday, excluding legal 

holidays. The telephone number for the 

DCO is (202) 564–8930. Such deliveries 

are only accepted during the DCO’s 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

docket ID number EPA–HQ–OPPT– 

2012–0864. EPA’s policy is that all 

comments received will be included in 

the docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through regulations.gov or 

email. The regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an email comment directly 

to EPA without going through 

regulations.gov, your email address will 

be automatically captured and included 

as part of the comment that is placed in 

the docket and made available on the 

Internet. If you submit an electronic 

comment, EPA recommends that you 

include your name and other contact 

information in the body of your 

comment and with any disk or CD–ROM 

you submit. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. 

Docket: All documents in the docket 

are listed in the docket index available 

at http://www.regulations.gov. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available electronically at 

http://www.regulations.gov, or, if only 

available in hard copy, at the OPPT 

Docket. The OPPT Docket is located in 

the EPA Docket Center (EPA/DC) at Rm. 

3334, EPA West Bldg., 1301 

Constitution Ave. NW., Washington, 

DC. The EPA/DC Public Reading Room 

hours of operation are 8:30 a.m. to 4:30 

p.m., Monday through Friday, excluding 

legal holidays. The telephone number of 

the EPA/DC Public Reading Room is 

(202) 566–1744, and the telephone 

number for the OPPT Docket is (202) 

566–0280. Docket visitors are required 

to show photographic identification, 

pass through a metal detector, and sign 

the EPA visitor log. All visitor bags are 

processed through an X-ray machine 

and subject to search. Visitors will be 

provided an EPA/DC badge that must be 

visible at all times in the building and 

returned upon departure. 

FOR FURTHER INFORMATION CONTACT: For 

technical information contact: Jim 

Alwood, Chemical Control Division 

(7405M), Office of Pollution Prevention 

and Toxics, Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW., 

Washington, DC 20460–0001; telephone 

number: (202) 564–8974; email address: 

alwood.jim@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: TSCAHotline@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, import, 

process, or use the chemical substance 

identified as ethaneperoxoic acid, 1,1- 

dimethylpropyl ester (PMN P–85–680). 

Potentially affected entities may 

include, but are not limited to: 

• Manufacturers, importers, or 

processors of the subject chemical 

substance (NAICS codes 325 and 

324110), e.g., chemical manufacturers 

and petroleum refineries. 

This listing is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

affected by this action. Other types of 

entities not listed in this unit could also 

be affected. The North American 

Industrial Classification System 

(NAICS) codes have been provided to 

assist you and others in determining 

whether this action might apply to 

certain entities. To determine whether 

you or your business may be affected by 

this action, you should carefully 

examine the applicability provisions in 

§ 721.5. If you have any questions 

regarding the applicability of this action 

to a particular entity, consult the 

technical person listed under FOR

FURTHER INFORMATION CONTACT. 

B. What should I consider as I prepare 

my comments for EPA? 

1. Submitting CBI. Do not submit this 

information to EPA through 

regulations.gov or email. Clearly mark 

the part or all of the information that 

you claim to be CBI. For CBI 

information in a disk or CD–ROM that 

you mail to EPA, mark the outside of the 


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disk or CD–ROM as CBI and then 

identify electronically within the disk or 

CD–ROM the specific information that 

is claimed as CBI. In addition to one 

complete version of the comment that 

includes information claimed as CBI, a 

copy of the comment that does not 

contain the information claimed as CBI 

must be submitted for inclusion in the 

public docket. Information so marked 

will not be disclosed except in 

accordance with procedures set forth in 

40 CFR part 2. 

2. Tips for preparing your comments. 

When submitting comments, remember 

to: 

i. Identify the document by docket ID 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

ii. Follow directions. The Agency may 

ask you to respond to specific questions 

or organize comments by referencing a 

Code of Federal Regulations (CFR) part 

or section number. 

iii. Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

iv. Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

v. If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

vi. Provide specific examples to 

illustrate your concerns and suggest 

alternatives. 

vii. Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

viii. Make sure to submit your 

comments by the comment period 

deadline identified. 

II. Background 

A. What action is the agency taking? 

In the Federal Register of June 26, 

1990 (55 FR 26102), EPA published a 

final SNUR (codified at § 721.1560 and 

redesignated as § 721.3020) for the 

chemical substance identified as 

ethaneperoxoic acid, 1,1- 

dimethylpropyl ester (PMN P–85–680), 

in accordance with the procedures at 

§ 721.160. A SNUR requires persons 

who intend to manufacture, import, or 

process the chemical substance for an 

activity designated as a significant new 

use to notify EPA at least 90 days before 

commencing that activity. 

EPA is proposing to amend the scope 

and requirements of the SNUR as 

detailed in this unit. Because the 

chemical identity of the chemical 

substance is no longer confidential, EPA 

is using the specific chemical name and 

CAS number to identify the chemical 

substance. The docket established for 

this proposed SNUR is available under 

docket ID number EPA–HQ–OPPT– 

2012–0864. The docket includes 

information considered by the Agency 

in developing the proposed rule and the 

modified TSCA section 5(e) consent 

order negotiated with the PMN 

submitter. 

PMN Number P–85–680 

Chemical name: Ethaneperoxoic acid, 

1,1-dimethylpropyl ester. 

CAS number: 690–83–5 

Effective date of the TSCA section 5(e) 

consent order: January 30, 1986. 

Federal Register publication date and 

reference: June 26, 1990 (55 FR 26111). 

Basis for modification of the SNUR: 

The TSCA section 5(e) consent order 

was issued under sections 5(e)(1)(A)(i) 

and 5(e)(1)(A)(ii)(II) based on the 

finding that the chemical substance may 

present an unreasonable risk of injury to 

human health. To prevent any 

unreasonable risk the order required 

dermal and respiratory protection to 

exposed workers, establishment of a 

hazard communication program, limited 

the specific use of the PMN substance 

as described in the consent order, and 

required disposal into a waste disposal 

well. EPA subsequently modified the 

consent order to allow disposal by 

landfill and incineration. The proposed 

SNUR for this chemical substance is 

based on and consistent with the new 

data and findings discussed in the two 

paragraphs below. The proposed SNUR 

designates as a ‘‘significant new use’’ 

any purposeful or predictable releases of 

the PMN substance in concentrations 

that exceed 61 parts per billion (ppb) in 

surface waters. 

Human health toxicity: EPA received 

a petition from a second manufacturer 

to revoke the SNUR based on toxicity 

testing on structurally analogous 

peroxide compounds, conducted after 

the SNUR was issued. Based on the new 

data EPA concurred with the finding 

that the PMN substance did not present 

a carcinogenicity hazard. EPA has also 

changed its human health findings for 

the TSCA new chemicals program 

peroxide category (http://www.epa.gov/ 

oppt/newchems/pubs/ 

npcchemicalcategories.pdf). 

Ecotoxicity concerns: Based on data 

from ecotoxicity studies on structurally 

analogous peroxy esters and neutral 

organic chemicals, also conducted after 

the SNUR was issued, EPA identified 

potential environmental concerns if the 

PMN substance was released to surface 

waters. The second manufacturer also 

conducted and submitted the results of 

an acute algal study on the PMN 

substance. Based on the submitted 

ecotoxicity testing for algae and 

analogue data, EPA predicts toxicity to 

aquatic organisms may occur at 

concentrations that exceed 61 ppb of the 

PMN substance in surface waters. 

The Agency concluded, after 

examining the new human health 

toxicity information, that its finding 

under section 5(e)(1)(A)(ii)(I) of TSCA in 

the original TSCA section 5(e) consent 

order that certain activities involving 

the substance may present an 

unreasonable risk of injury to human 

health is no longer supported. The 

Agency also concluded based on the 

ecotoxicity information, that the PMN 

substance meets the concern criteria at 

§ 721.170 (b)(4)(i) and (b)(4)(ii). 

To conform with these findings, the 

Agency is proposing the following 

modifications to the SNUR: 

1. Removing the significant new use 

requirements for protective equipment, 

hazard communication, and specific 

uses identified in the consent order. 

2. Modifying significant new use 

requirements for environmental releases 

by removing notification requirements 

for disposal, and adding notification 

requirements for water releases above 61 

ppb. 

3. Revising the recordkeeping 

requirements to reflect the modified 

SNUR requirements. 

Recommended testing: EPA has 

determined that the results of a fish 

acute toxicity test, freshwater and 

marine (OPPTS Test Guideline 

850.1075) and an aquatic invertebrate 

acute toxicity test, freshwater daphnids 

(OPPTS Test Guideline 850.1010) would 

help characterize the environmental 

effects of the PMN substance. 

CFR citation: 40 CFR 721.3020. 

B. What is the agency’s authority for 

taking this action? 

Section 5(a)(2) of TSCA (15 U.S.C. 

2604(a)(2)) authorizes EPA to determine 

that a use of a chemical substance is a 

‘‘significant new use.’’ EPA must make 

this determination by rule after 

considering all relevant factors, 

including the TSCA section 5(a)(2) 

factors, listed in Unit III. of this 

document. Once EPA determines that a 

use of a chemical substance is a 

significant new use, TSCA section 

5(a)(1)(B) and 40 CFR part 721 requires 

persons to submit a significant new use 

notice (SNUN) to EPA at least 90 days 

before they manufacture, import, or 

process the chemical substance for that 

use. Persons who must report are 

described in § 721.5. 

EPA may respond to SNUNs by, 

among other things, issuing or 

modifying a TSCA section 5(e) consent 

order and/or amending the SNUR 


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promulgated under TSCA section 

5(a)(2). Amendment of the SNUR will 

often be necessary to allow persons 

other than the SNUN submitter to 

engage in the newly authorized use(s), 

because even after a person submits a 

SNUN and the review period expires, 

other persons still must submit a SNUN 

before engaging in the significant new 

use. Procedures and criteria for 

modifying or revoking SNUR 

requirements appear at § 721.185. 

III. Significant New Use Determination 

Section 5(a)(2) of TSCA states that 

EPA’s determination that a use of a 

chemical substance is a significant new 

use must be made after consideration of 

all relevant factors, including: 

• The projected volume of 

manufacturing and processing of a 

chemical substance. 

• The extent to which a use changes 

the type or form of exposure to human 

beings or the environment to a chemical 

substance. 

• The extent to which a use increases 

the magnitude and duration of exposure 

of human beings or the environment to 

a chemical substance. 

• The reasonably anticipated manner 

and methods of manufacturing, 

processing, distribution in commerce, 

and disposal of a chemical substance. 

In addition to these factors 

enumerated in TSCA section 5(a)(2), the 

statute authorizes EPA to consider any 

other relevant factors. 

To determine what would constitute a 

significant new use for the chemical 

substance identified as ethaneperoxoic 

acid, 1,1-dimethylpropyl ester (PMN P– 

85–680), EPA considered relevant 

information about the toxicity of the 

chemical substance, likely human 

exposures and environmental releases 

associated with possible uses, taking 

into consideration the four bulleted 

TSCA section 5(a)(2) factors listed in 

this unit. 

IV. Rationale for the Proposed Rule 

During review of PMN P–85–680, the 

chemical substance identified as 

ethaneperoxoic acid, 1,1- 

dimethylpropyl ester, EPA concluded 

that regulation was warranted under 

TSCA section 5(e), pending the 

development of information sufficient to 

make reasoned evaluations of the health 

or environmental effects of this 

chemical substance. The basis for such 

findings is outlined in Unit II. of this 

document and in the Federal Register 

document of June 26, 1990 (55 FR 

26102). Based on these findings, a TSCA 

section 5(e) consent order requiring the 

use of appropriate exposure controls 

were negotiated with the PMN 

submitter. The SNUR provisions for this 

chemical substance are consistent with 

the provisions of the original TSCA 

section 5(e) consent order. This SNUR 

was promulgated pursuant to § 721.160. 

After the review of new test data 

subsequent to issuance of the TSCA 

section 5(e) consent order for P–85–680 

and associated SNUR (see Unit II.), and 

consideration of the factors included in 

TSCA section 5(a)(2) (see Unit III.), EPA 

determined that the chemical substance 

meets one or more of the concern 

criteria in § 721.170(b), but that these 

criteria are no longer met for the 

personal protective equipment, hazard 

communication, and specific use 

notification requirements. 

Consequently, EPA is proposing this 

modification to the SNUR at § 721.3020 

according to procedures in §§ 721.160 

and 721.185. 

V. Applicability of Proposed Rule to 

Uses Occurring Before Effective Date of 

the Final Rule 

To establish a significant ‘‘new’’ use, 

EPA must determine that the use is not 

ongoing. EPA solicits comments on 

whether any of the uses proposed as 

significant new uses are ongoing. As 

discussed in the Federal Register of 

April 24, 1990 (55 FR 17376), EPA has 

decided that the intent of section 

5(a)(1)(B) of TSCA is best served by 

designating a use as a significant new 

use as of the date of publication of the 

proposed rule, rather than as of the 

effective date of the final rule. If uses 

begun after publication of the proposed 

rule were considered ongoing rather 

than new, it would be difficult for EPA 

to establish SNUR notice requirements, 

because a person could defeat the SNUR 

by initiating the significant new use 

before the rule became final, and then 

argue that the use was ongoing as of the 

effective date of the final rule. 

Thus, any persons who begin 

commercial manufacture, import, or 

processing activities with the chemical 

substances that are not currently a 

significant new use under the current 

rule but which would be regulated as a 

‘‘significant new use’’ if this proposed 

rule is finalized, must cease any such 

activity as of the effective date of the 

rule if and when finalized. To resume 

their activities, these persons would 

have to comply with all applicable 

SNUR notice requirements and wait 

until the notice review period, 

including all extensions, expires. 

EPA has promulgated provisions to 

allow persons to comply with this 

SNUR before the effective date. If a 

person were to meet the conditions of 

advance compliance under § 721.45(h), 

the person would be considered to have 

met the requirements of the final SNUR 

for those activities. 

VI. Test Data and Other Information 

EPA recognizes that TSCA section 5 

does not require the development of any 

particular test data before submission of 

a SNUN. There are two exceptions: 

1. Development of test data is 

required where the chemical substance 

subject to the SNUR is also subject to a 

test rule under TSCA section 4 (see 

TSCA section 5(b)(1)). 

2. Development of test data may be 

necessary where the chemical substance 

has been listed under TSCA section 

5(b)(4) (see TSCA section 5(b)(2)). 

In the absence of a TSCA section 4 

test rule or a TSCA section 5(b)(4) 

listing covering the chemical substance, 

persons are required only to submit test 

data in their possession or control and 

to describe any other data known to or 

reasonably ascertainable by them (see 

§ 720.50). However, upon review of 

PMNs and SNUNs, the Agency has the 

authority to require appropriate testing. 

In this case, EPA recommends persons, 

before performing any testing, to consult 

with the Agency pertaining to protocol 

selection. To access the Harmonized 

Test Guidelines referenced in this 

document electronically, please go to 

http://www.epa.gov/ocspp and select 

‘‘Test Methods and Guidelines.’’ 

The modified TSCA section 5(e) 

consent order for the chemical 

substance that would be regulated under 

this proposed rule does not require 

submission of the test at any specified 

time or volume. However, the 

restrictions on manufacture, import, 

processing, distribution in commerce, 

use, and disposal of the PMN substance 

would remain in effect until the consent 

order is modified or revoked by EPA 

based on submission of that or other 

relevant information. These restricted 

activities cannot be commenced unless 

the PMN submitter first submits the 

results of toxicity tests that would 

permit a reasoned evaluation of the 

potential risks posed by this chemical 

substance. The test specified in the 

modified TSCA section 5(e) consent 

order is included in Unit II. The 

proposed SNUR would contain the same 

restrictions as the modified TSCA 

section 5(e) consent order. Persons who 

intend to commence non-exempt 

commercial manufacture, import, or 

processing for those activities proposed 

as significant new uses would be 

required to notify the Agency by 

submitting a SNUN at least 90 days in 

advance of commencement of those 

activities. 

The recommended testing specified in 

Unit II. of this document may not be the 


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only means of addressing the potential 

risks of the chemical substance. 

However, SNUNs submitted without 

any test data may increase the 

likelihood that EPA will take action 

under TSCA section 5(e), particularly if 

satisfactory test results have not been 

obtained from a prior PMN or SNUN 

submitter. EPA recommends that 

potential SNUN submitters contact EPA 

early enough so that they will be able 

to conduct the appropriate tests. 

SNUN submitters should be aware 

that EPA will be better able to evaluate 

SNUNs which provide detailed 

information on the following: 

• Human exposure and 

environmental release that may result 

from the significant new use of the 

chemical substance. 

• Potential benefits of the chemical 

substance. 

• Information on risks posed by the 

chemical substance compared to risks 

posed by potential substitutes. 

VII. SNUN Submissions 

According to 40 CFR 721.1(c), persons 

submitting a SNUN must comply with 

the same notice requirements and EPA 

regulatory procedures as persons 

submitting a PMN, including 

submission of test data on health and 

environmental effects as described in 

§ 720.50. SNUNs must be on EPA Form 

No. 7710–25, generated using e-PMN 

software, and submitted to the Agency 

in accordance with the procedures set 

forth in §§ 721.25 and 720.40. E–PMN 

software is available electronically at 

http://www.epa.gov/opptintr/newchems. 

VIII. Economic Analysis 

EPA evaluated the potential costs of 

establishing SNUN requirements for 

potential manufacturers, importers, and 

processors of the chemical substances 

during the development of the direct 

final rule. The Agency’s complete 

economic analysis is available in the 

docket under docket ID number EPA– 

HQ–OPPT–2012–0864. 

IX. Statutory and Executive Order 

Reviews 

A. Executive Order 12866 

This proposed rule would modify a 

SNUR for a chemical substance that is 

the subject of a PMN and TSCA section 

5(e) consent order. The Office of 

Management and Budget (OMB) has 

exempted these types of actions from 

review under Executive Order 12866, 

entitled Regulatory Planning and 

Review (58 FR 51735, October 4, 1993). 

B. Paperwork Reduction Act 

According to the Paperwork 

Reduction Act (PRA), 44 U.S.C. 3501 et 

seq., an Agency may not conduct or 

sponsor, and a person is not required to 

respond to a collection of information 

that requires OMB approval under the 

PRA, unless it has been approved by 

OMB and displays a currently valid 

OMB control number. The OMB control 

numbers for EPA’s regulations in title 40 

of the CFR, after appearing in the 

Federal Register, are listed in 40 CFR 

part 9, and included on the related 

collection instrument or form, if 

applicable. EPA has amended the table 

in 40 CFR part 9 to list the OMB 

approval number for the information 

collection requirements contained in 

this proposed rule. This listing of the 

OMB control numbers and their 

subsequent codification in the CFR 

satisfies the display requirements of 

PRA and OMB’s implementing 

regulations at 5 CFR part 1320. This 

Information Collection Request (ICR) 

was previously subject to public notice 

and comment prior to OMB approval, 

and given the technical nature of the 

table, EPA finds that further notice and 

comment to amend it is unnecessary. 

The information collection 

requirements related to this action have 

already been approved by OMB 

pursuant to PRA under OMB control 

number 2070–0012 (EPA ICR No. 574). 

This action would not impose any 

burden requiring additional OMB 

approval. If an entity were to submit a 

SNUN to the Agency, the annual burden 

is estimated to average between 30 and 

170 hours per response. This burden 

estimate includes the time needed to 

review instructions, search existing data 

sources, gather and maintain the data 

needed, and complete, review, and 

submit the required SNUN. 

Send any comments about the 

accuracy of the burden estimate, and 

any suggested methods for minimizing 

respondent burden, including through 

the use of automated collection 

techniques, to the Director, Collection 

Strategies Division, Office of 

Environmental Information (2822T), 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001. Please remember to 

include the OMB control number in any 

correspondence, but do not submit any 

completed forms to this address. 

C. Regulatory Flexibility Act 

On February 18, 2012, EPA certified 

pursuant to section 605(b) of the 

Regulatory Flexibility Act (RFA) (5 

U.S.C. 601 et seq.), that promulgation of 

a SNUR does not have a significant 

economic impact on a substantial 

number of small entities where the 

following are true: 

1. A significant number of SNUNs 

would not be submitted by small 

entities in response to the SNUR. 

2. The SNUN submitted by any small 

entity would not cost significantly more 

than $8,300. 

A copy of that certification is 

available in the docket for this proposed 

rule. 

This proposed rule is within the 

scope of the February 18, 2012 

certification. Based on the economic 

analysis discussed in Unit VIII. and 

EPA’s experience promulgating SNURs 

(discussed in the certification), EPA 

believes that the following are true: 

• A significant number of SNUNs 

would not be submitted by small 

entities in response to the SNUR. 

• Submission of the SNUN would not 

cost any small entity significantly more 

than $8,300. Therefore, the 

promulgation of the SNUR would not 

have a significant economic impact on 

a substantial number of small entities. 

D. Unfunded Mandates Reform Act 

Based on EPA’s experience with 

proposing and finalizing SNURs, State, 

local, and Tribal governments have not 

been impacted by these rulemakings, 

and EPA does not have any reason to 

believe that any State, local, or Tribal 

government would be impacted by this 

proposed rule. As such, EPA has 

determined that this proposed rule 

would not impose any enforceable duty, 

contain any unfunded mandate, or 

otherwise have any effect on small 

governments subject to the requirements 

of sections 202, 203, 204, or 205 of the 

Unfunded Mandates Reform Act of 1995 

(UMRA) (Pub. L. 104–4). 

E. Executive Order 13132 

This action would not have a 

substantial direct effect on States, on the 

relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132, entitled 

Federalism (64 FR 43255, August 10, 

1999). 

F. Executive Order 13175 

This proposed rule would not have 

Tribal implications because it is not 

expected to have substantial direct 

effects on Indian Tribes. This proposed 

rule would not significantly nor 

uniquely affect the communities of 

Indian Tribal governments, nor would it 

involve or impose any requirements that 

affect Indian Tribes. Accordingly, the 

requirements of Executive Order 13175, 

entitled Consultation and Coordination 

with Indian Tribal Governments (65 FR 


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67249, November 9, 2000), do not apply 

to this proposed rule. 

G. Executive Order 13045 

This action is not subject to Executive 

Order 13045, entitled Protection of 

Children from Environmental Health 

Risks and Safety Risks (62 FR 19885, 

April 23, 1997), because this is not an 

economically significant regulatory 

action as defined by Executive Order 

12866, and this action does not address 

environmental health or safety risks 

disproportionately affecting children. 

H. Executive Order 13211 

This proposed rule is not subject to 

Executive Order 13211, entitled Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use (66 FR 28355, May 

22, 2001), because this action is not 

expected to affect energy supply, 

distribution, or use and because this 

action is not a significant regulatory 

action under Executive Order 12866. 

I. National Technology Transfer and 

Advancement Act 

In addition, since this action does not 

involve any technical standards, section 

12(d) of the National Technology 

Transfer and Advancement Act of 1995 

(NTTAA), Public Law 104–113, section 

12(d) (15 U.S.C. 272 note), does not 

apply to this action. 

J. Executive Order 12898 

This action does not entail special 

considerations of environmental justice 

related issues as delineated by 

Executive Order 12898, entitled Federal 

Actions to Address Environmental 

Justice in Minority Populations and 

Low-Income Populations (59 FR7629, 

February 16, 1994). 

List of Subjects in 40 CFR Part 721 

Environmental protection, Chemicals, 

Hazardous substances, Reporting and 

recordkeeping requirements. 

Dated: January 15, 2013. 

Maria J. Doa, 

Director, Chemical Control Division, Office 

of Pollution Prevention and Toxics. 

Therefore, it is proposed that 40 CFR 

part 721 be amended as follows: 

PART 721—[AMENDED] 

■ 1. The authority citation for part 721 

continues to read as follows: 

Authority: 15 U.S.C. 2604, 2607, and 

2625(c). 

■ 2. Amend § 721.3020 as follows: 

■ a. Revise the section heading. 

■ b. Revise paragraphs (a)(1), (a)(2)(i), 

and (a)(2)(ii). 

■ c. Remove paragraphs (a)(2)(iii) and 

(a)(2)(iv). 

■ d. Revise paragraph (b)(1). 

■ e. Remove paragraph (b)(3). 

The revisions read as follows: 

§ 721.3020 Ethaneperoxoic acid, 1,1- 

dimethylpropyl ester. 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substance identified as 

ethaneperoxoic acid, 1,1- 

dimethylpropyl ester (PMN P–85–680; 

CAS No. 690–83–5) is subject to 

reporting under this section for the 

significant new uses described in 

paragraph (a)(2) of this section. 

(2) * * * 

(i) Release to water. Requirements as 

specified in § 721.90 (a)(4), (b)(4), and 

(c)(4) (N=61). 

(ii) [Reserved] 

(b) * * * 

(1) Recordkeeping. Recordkeeping 

requirements as specified in § 721.125 

(a), (b), (c), and (k) are applicable to 

manufacturers, importers, and 

processors of this substance. 

* * * * * 

[FR Doc. 2013–01589 Filed 1–25–13; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 54 

[WC Docket Nos. 10–90 and 05–337; DA 

12–1561, 12–1687, 12–2011, 12–2029, 13–70] 

Wireline Competition Bureau Releases 

Connect America Phase II Cost Model 

Virtual Workshop Discussion Topics 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: In this document, the 

Wireline Competition Bureau releases 

for discussion a number of virtual 

workshop topics related to the 

development and adoption of the 

forward-looking cost model for Connect 

America Phase II. 

DATES: Comments are due on or before 

February 27, 2013 and reply comments 

are due on or before March 14, 2013. If 

you anticipate that you will be 

submitting comments, but find it 

difficult to do so within the period of 

time allowed by this notice, you should 

advise the contact listed below as soon 

as possible. 

ADDRESSES: You may submit comments, 

identified by WC Docket Nos. 10–90 and 

05–337, by any of the following 

methods: 

D Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

D Federal Communications 

Commission’s Web Site: http:// 

fjallfoss.fcc.gov/ecfs2/. Follow the 

instructions for submitting comments. 

D Virtual Workshop: In addition to 

the usual methods for filing electronic 

comments, the Commission is allowing 

comments, reply comments, and ex 

parte comments in this proceeding to be 

filed by posting comments at http:// 

www.fcc.gov/blog/wcb-cost-modelvirtual-workshop-2012. 

D People with Disabilities: Contact the 

FCC to request reasonable 

accommodations (accessible format 

documents, sign language interpreters, 

CART, etc.) by email: FCC504@fcc.gov 

or phone: (202) 418–0530 or TTY: (202) 

418–0432. 

For detailed instructions for 

submitting comments and additional 

information on the rulemaking process, 

see the SUPPLEMENTARY INFORMATION

section of this document. 

FOR FURTHER INFORMATION CONTACT: 

Katie King, Wireline Competition 

Bureau at (202) 418–7491 or TTY (202) 

418–0484. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Public 

Notices in WC Docket Nos. 10–90, 05– 

337; DA 12–1561, 12–1687, 12–2011, 

12–2029, 13–70 released October 9, 

2012, October 19, 2012, December 11, 

2012, December 17, 2012, and January 

17, 2013 as well as information posted 

online in the Wireline Competition 

Bureau’s Virtual Workshop. The 

complete text of the Public Notices is 

available for inspection and copying 

during normal business hours in the 

FCC Reference Information Center, 

Portals II, 445 12th Street SW., Room 

CY–A257, Washington, DC 20554. 

These documents may also be 

purchased from the Commission’s 

duplicating contractor, Best Copy and 

Printing, Inc. (BCPI), 445 12th Street 

SW., Room CY–B402, Washington, DC 

20554, telephone (800) 378–3160 or 

(202) 863–2893, facsimile (202) 863– 

2898, or via the Internet at http:// 

www.bcpiweb.com. In addition, the 

Virtual Workshop may be accessed via 

the Internet at http://www.fcc.gov/blog/ 

wcb-cost-model-virtual-workshop-2012. 

I. Introduction 

1. On November 18, 2011, the Federal 

Communications Commission 

(Commission) released the USF/ICC 

Transformation Order, 76 FR 73829, 

November 29, 2011, adopting a 

framework for providing ongoing 

support to areas served by price cap 


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