Federal Register / Vol. 79, No. 27 / Monday, February 10, 2014 / Proposed Rules 7621 

safety or health standard is a standard 

‘‘which requires conditions, or the 

adoption or use of one or more 

practices, means, methods, operations, 

or processes, reasonably necessary or 

appropriate to provide safe or healthful 

employment or places of employment.’’ 

29 U.S.C. 652(8). A standard is 

reasonably necessary or appropriate 

within the meaning of Section 652(8) 

when a significant risk of material harm 

exists in the workplace and the standard 

would substantially reduce or eliminate 

that workplace risk. See Industrial 

Union Department, AFL–CIO v. 

American Petroleum Institute, 448 U.S. 

607 (1980). In the cranes rulemaking, 

OSHA made such a determination with 

respect to the use of cranes and derricks 

in construction (75 FR 47913, 47920– 

21). This proposed rule does not impose 

any new requirements on employers. 

Therefore, this proposal does not 

require an additional significant risk 

finding (see Edison Electric Institute v. 

OSHA, 849 F.2d 611, 620 (D.C. Cir. 

1988)). 

In addition to materially reducing a 

significant risk, a safety standard must 

be technologically feasible. See UAW v. 

OSHA, 37 F.3d 665, 668 (D.C. Cir. 

1994). A standard is technologically 

feasible when the protective measures it 

requires already exist, when available 

technology can bring the protective 

measures into existence, or when that 

technology is reasonably likely to 

develop (see American Textile Mfrs. 

Institute v. OSHA, 452 U.S. 490, 513 

(1981); American Iron and Steel 

Institute v. OSHA, 939 F.2d 975, 980 

(D.C. Cir. 1991)). In the 2010 Final 

Economic Analysis for the cranes 

standard, OSHA found the standard to 

be technologically feasible (75 FR 

48079). This proposed rule would, 

therefore, be technologically feasible as 

well because it would not require 

employers to implement any additional 

protective measures; it would simply 

extend the duration of existing 

requirements. 

List of Subjects in 29 CFR Part 1926 

Construction industry, Cranes, 

Derricks, Occupational safety and 

health, Safety. 

Authority and Signature 

David Michaels, Ph.D., MPH, 

Assistant Secretary of Labor for 

Occupational Safety and Health, U.S. 

Department of Labor, 200 Constitution 

Ave. NW., Washington, DC 20210, 

authorized the preparation of this 

notice. OSHA is issuing this proposed 

rule under the following authorities: 29 

U.S.C. 653, 655, 657; 40 U.S.C. 3701 et 

seq.; 5 U.S.C. 553; Secretary of Labor’s 

Order No. 1–2012 (77 FR 3912, Jan. 25, 

2012); and 29 CFR part 1911. 

Signed at Washington, DC, on February 3, 

2014. 

David Michaels, 

Assistant Secretary of Labor for Occupational 

Safety and Health. 

Amendments to Standards 

For the reasons stated in the preamble 

of this proposed rule, OSHA proposes to 

amend 29 CFR part 1926 as follows: 

PART 1926—[AMENDED] 

Subpart CC—Cranes and Derricks in 

Construction 

■ 1. The authority citation for subpart 

CC of 29 CFR part 1926 continues to 

read as follows: 

Authority: 40 U.S.C. 3701 et seq.; 29 

U.S.C. 653, 655, 657; and Secretary of Labor’s 

Orders 5–2007 (72 FR 31159) or 1–2012 (77 

FR 3912), as applicable; and 29 CFR part 

1911. 

■ 2. In § 1926.1427, revise paragraph (k) 

to read as follows: 

§ 1926,1427 Operator qualification and 

certification. 

* * * * * 

(k) Phase-in. (1) The provisions of this 

section became applicable on November 

8, 2010, except for paragraphs (a)(2) and 

(f) of this section, which are applicable 

November 10, 2017. 

(2) When paragraph (a)(1) of this 

section is not applicable, all of the 

requirements in paragraphs (k)(2)(i) and 

(ii) of this section apply until November 

10, 2017. 

(i) The employer must ensure that 

operators of equipment covered by this 

standard are competent to operate the 

equipment safely. 

(ii) When an employee assigned to 

operate machinery does not have the 

required knowledge or ability to operate 

the equipment safely, the employer 

must train that employee prior to 

operating the equipment. The employer 

must ensure that each operator is 

evaluated to confirm that he/she 

understands the information provided 

in the training. 

[FR Doc. 2014–02579 Filed 2–7–14; 8:45 am] 

BILLING CODE 4510–26–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 721 

[EPA–HQ–OPPT–2013–0399; FRL–9903–43] 

RIN 2070–AB27 

Proposed Significant New Use Rule on 

Certain Chemical Substances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing significant 

new use rules (SNURs) under the Toxic 

Substances Control Act (TSCA) for three 

chemical substances which were the 

subject of premanufacture notices 

(PMNs). This action would require 

persons who intend to manufacture 

(including import) or process any of the 

chemical substances for an activity that 

is designated as a significant new use by 

this proposed rule to notify EPA at least 

90 days before commencing that 

activity. The required notification 

would provide EPA with the 

opportunity to evaluate the intended 

use and, if necessary, to prohibit or limit 

the activity before it occurs. 

DATES: Comments must be received on 

or before April 11, 2014. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPPT–2013–0399, 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–2013–0399. 

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– 

2013–0399. 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 


emcdonald on DSK67QTVN1PROD with PROPOSALS
7622 Federal Register / Vol. 79, No. 27 / Monday, February 10, 2014 / Proposed Rules 

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: 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 proposed rule. The 

following list of North American 

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 (including 

importers) 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; see also 19 CFR 

127.28. Chemical importers must certify 

that the shipment of the chemical 

substance complies with all applicable 

rules and orders under TSCA. Importers 

of chemicals subject to a final SNUR 

must certify their compliance with the 

SNUR requirements. The EPA policy in 

support of import certification appears 

at 40 CFR part 707, subpart B. In 

addition, any persons who export or 

intend to export a chemical substance 

that is the subject of a proposed or final 

SNUR, are subject to the export 

notification provisions of TSCA section 

12(b) (15 U.S.C. 2611(b)) (see § 721.20), 

and must comply with the export 

notification requirements in 40 CFR part 

707, subpart D. 

B. What should I consider as I prepare 

my comments for EPA? 

1. Submitting CBI. Do not submit this 

information to EPA through 

regulations.gov or 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 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? 

EPA is proposing these SNURs under 

TSCA section 5(a)(2) for three chemical 

substances which were the subject of 

PMNs P–12–539, P–13–107, and P–13– 

109. These 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. 

In the Federal Register of August 7, 

2013 (78 FR 48051) (FRL–9393–4), EPA 

issued direct final SNURs on these three 

chemical substances in accordance with 

the procedures at § 721.160(c)(3)(i). EPA 

received notices of intent to submit 

adverse comments on these SNURs. 

Therefore, as required by 

§ 721.160(c)(3)(ii), EPA removed the 

direct final SNURs in a separate final 

rule published in the Federal Register 

of November 5, 2013 (78 FR 66279) 

(FRL–9902–16), and is now issuing this 


emcdonald on DSK67QTVN1PROD with PROPOSALS
Federal Register / Vol. 79, No. 27 / Monday, February 10, 2014 / Proposed Rules 7623 

proposed rule on the three chemical 

substances. The record for the direct 

final SNURs on these chemical 

substances was established as docket 

EPA–HQ–OPPT–2013–0399. That 

record includes information considered 

by the Agency in developing the direct 

final rule. 

B. What is the Agency’s authority for 

taking this action? 

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

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

that a use of a chemical substance is a 

‘‘significant new use.’’ EPA must make 

this determination by rule after 

considering all relevant factors, 

including the four bulleted TSCA 

section 5(a)(2) factors listed in Unit III. 

Once EPA determines that a use of a 

chemical substance is a significant new 

use, TSCA section 5(a)(1)(B) requires 

persons to submit a significant new use 

notice (SNUN) to EPA at least 90 days 

before they manufacture or process the 

chemical substance for that use. Persons 

who must report are described in 

§ 721.5. 

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 

§ 721.1(c), persons subject to these 

SNURs must comply with the same 

notice 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 section 5(b) and 5(d)(1), the 

exemptions authorized by TSCA section 

5(h)(1), (h)(2), (h)(3), and (h)(5), and the 

regulations at 40 CFR part 720. Once 

EPA receives a SNUN, EPA may take 

regulatory action under TSCA section 

5(e), 5(f), 6, or 7 to control the activities 

for which it has received the SNUN. If 

EPA does not take action, EPA is 

required under TSCA section 5(g) to 

explain in the Federal Register its 

reasons for not taking action. 

III. Significant New Use Determination 

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

EPA’s determination that a use of a 

chemical substance is a significant new 

use must be made after consideration of 

all relevant factors, including: 

• The projected volume of 

manufacturing and processing of a 

chemical substance. 

• The extent to which a use changes 

the type or form of exposure of human 

beings or the environment to a chemical 

substance. 

• The extent to which a use increases 

the magnitude and duration of exposure 

of human beings or the environment to 

a chemical substance. 

• The reasonably anticipated manner 

and methods of manufacturing, 

processing, distribution in commerce, 

and disposal of a chemical substance. 

In addition to these factors 

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

statute authorized EPA to consider any 

other relevant factors. 

To determine what would constitute a 

significant new use for the three 

chemical substances that are the subject 

of this proposed rule, EPA considered 

relevant information about the toxicity 

of the chemical substances, likely 

human exposures and environmental 

releases associated with possible uses, 

and the four bulleted TSCA section 

5(a)(2) factors listed in this unit. 

IV. Substances Subject to This Proposed 

Rule 

EPA is proposing significant new use 

and recordkeeping requirements for 

three 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. 

• Chemical Abstracts Service (CAS) 

Registry number (assigned for nonconfidential chemical identities). 

• Basis for the TSCA section 5(e) 

consent order. 

• Tests recommended by EPA to 

provide sufficient information to 

evaluate the chemical substance (see 

Unit VII. for more information). 

• CFR citation assigned in the 

regulatory text section of this proposed 

rule. 

The regulatory text section of this 

proposed rule specifies the activities 

designated as significant new uses. 

Certain new uses, including production 

volume limits (i.e., limits on 

manufacture and importation volume) 

and other uses designated in this 

proposed rule, may be claimed as CBI. 

This proposed rule includes PMN 

substances P–12–539, P–13–107, and P– 

13–109 that are subject to a ‘‘risk-based’’ 

and ‘‘exposure-based’’ consent order 

under TSCA section 5(e)(1)(A)(i), 

5(e)(1)(A)(ii)(I), and 5(e)(1)(A)(ii)(II) 

where EPA determined that activities 

associated with the PMN substances 

may present unreasonable risk to human 

health or the environment, that the PMN 

substances are expected to be produced 

in substantial quantities, and that there 

may either be significant or substantial 

human exposure and/or the PMN 

substance may enter the environment in 

substantial quantities. This consent 

order requires protective measures to 

limit exposures or otherwise mitigate 

the potential unreasonable risk. The socalled ‘‘TSCA section 5(e) SNURs’’ on 

these PMN substances are proposed 

pursuant to § 721.160, and are based on 

and consistent with the provisions in 

the underlying consent order. The TSCA 

section 5(e) SNURs designate as a 

‘‘significant new use’’ the absence of the 

protective measures required in the 

corresponding consent order. 

PMN Numbers P–12–539, P–13–107, and 

P–13–109 

Chemical names: Alkanes, C21–34- 

branched and linear, chloro (P–12–539), 

alkanes, C22–30-branched and linear, 

chloro (P–13–107), and alkanes, C24–28, 

chloro (P–13–109). 

CAS numbers: 1417900–96–9 (P–12– 

539), 1401947–24–0 (P–13–107), and 

1402738–52–6 (P–13–109). 

Effective date of TSCA section 5(e) 

consent order: March 19, 2013. 

Basis for TSCA section 5(e) consent 

order: The PMNs state that the uses of 

the PMN substances are as flame 

retardants/plasticizers in polymers and 

extreme pressure lubricants in metal 

working fluids (MWFs). There are also 

several CBI uses that are generically 

described as: Plasticizer and lubricant 

with flame retardant properties. By 

analogy to medium chain chlorinated 

paraffins (MCCPs—alkyl chain length of 

14 to 17), EPA expects very long chain 

chlorinated paraffins (vLCCPs) and 

possible degradation products to be 

potentially highly persistent, potentially 

bioaccumulative, and potentially toxic. 

Transport and magnification across 

trophic levels may also result in toxicity 

to higher organisms, including fish, 

higher predators, and potentially 

humans. EPA has concerns about the 

potential for the vLCCPs to degrade to 

shorter chain chlorinated compounds, 

as well as concerns about potential 

impurities or small fractions of MCCPs 

and/or long-chain chlorinated paraffins 

(LCCPs—alkyl chain length of 18 to 20). 

The consent order was issued under 

TSCA sections 5(e)(1)(A)(i), 

5(e)(1)(A)(ii)(I), and 5(e)(1)(A)(ii)(II) 

based on a finding that these PMN 

substances may present an unreasonable 

risk of injury to the environment and 

the PMN substances may be produced 

in substantial quantities and may 

reasonably be anticipated to enter the 

environment in substantial quantities, 

and there may be significant (or 

substantial) human exposures to the 


emcdonald on DSK67QTVN1PROD with PROPOSALS
7624 Federal Register / Vol. 79, No. 27 / Monday, February 10, 2014 / Proposed Rules 

PMN substances. To protect against 

these risks, the consent order requires: 

1. Manufacture (including import) of 

the PMN substances at a cumulative, 

aggregate volume not to exceed 

1,200,000 kilograms (kg), 14,100,000 kg, 

59,100,000 kg, 78,400,000 kg, and 

86,100,000 kg unless the company has 

submitted the results of certain 

environmental effects studies. 

2. No manufacture of the PMN 

substances with the amount of 

chlorinated paraffins, with an alkyl 

chain less than or equal to 20, to exceed 

more than 1% of that PMN substance by 

weight. 

3. Risk notification. 

Recommended testing: EPA has 

determined that analysis for chain 

length and percent chlorination (for 

example by gas chromatography-mass 

spectrometry or high performance liquid 

chromatography-mass spectrometry 

(GC/MS HPLC/MS)); a modified semicontinuous activated sludge (SCAS) test 

(OPPTS Test Guideline 835.3210), a 

modified SCAS test for insoluble and 

volatile chemicals (OPPTS Test 

Guideline 835.5045) or Zahn Wellens/

EMPA test (OPPTS Test Guideline 

835.3200); an aerobic and anaerobic 

transformation in soil test (Organisation 

for Economic Co-operation and 

Development (OECD) Test Guideline 

307); a bioaccumulation in sedimentdwelling benthic oligochaetes (OECD 

Test Guideline 315) on the PMN 

substances and their potential 

degradation products; and sedimentwater chironomid life-cycle toxicity test 

using spiked water or spiked sediment 

(OECD Test Guideline 233) or a 

sediment-water lumbriculus toxicity test 

using spiked sediment (OECD Test 

Guideline 225) on the PMN substances 

and their presumed degradation 

products would help characterize the 

effects of the PMN substances. Testing 

specifications are stated in the TSCA 

section 5(e) consent order for P–12–539, 

P–13–107, and P–13–109 which is 

available in the docket under docket ID 

number EPA–HQ–OPPT–2013–0399. 

CFR citations: 40 CFR 721.10673 (P– 

12–539), 40 CFR 721.10674 (P–13–107), 

and 40 CFR 721.10675 (P–13–109). 

V. Rationale and Objectives of the 

Proposed Rule 

A. Rationale 

During review of the PMNs submitted 

for the three chemical substances that 

are subject to these proposed SNURs, 

EPA concluded that regulation was 

warranted under TSCA section 5(e), 

pending the development of information 

sufficient to make reasoned evaluations 

of the health and environmental effects 

of the chemical substances. The basis 

for these findings is outlined in Unit IV. 

Based on these findings, TSCA section 

5(e) consent orders requiring the use of 

appropriate exposure controls were 

negotiated with the PMN submitters. 

The SNUR provisions for these chemical 

substances are consistent with the 

provisions of the TSCA section 5(e) 

consent order. 

B. Objectives 

EPA is proposing these SNURs for 

specific chemical substances that have 

undergone premanufacture review 

because the Agency wants to achieve 

the following objectives with regard to 

the significant new uses designated in 

this proposed rule: 

• EPA would 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. 

• EPA would 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. 

• EPA would be able to regulate 

prospective manufacturers or processors 

of a listed chemical substance before the 

described significant new use of that 

chemical substance occurs, provided 

that regulation is warranted pursuant to 

TSCA sections 5(e), 5(f), 6, or 7. 

• EPA would ensure that all 

manufacturers and processors of the 

same chemical substance that is subject 

to a TSCA section 5(e) consent order are 

subject to similar requirements. 

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. 

VI. Applicability of the Proposed Rule 

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 have 

undergone premanufacture review. A 

TSCA section 5(e) consent order has 

been issued for these chemical 

substances and the PMN submitters are 

prohibited by the TSCA section 5(e) 

consent order from undertaking 

activities which EPA is designating as 

significant new uses. 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 other 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. 

When chemical substances identified 

in this proposed rule are added to the 

TSCA Inventory, EPA recognizes that, 

before the rule is effective, other persons 

might engage in a use that has been 

identified as a significant new use. 

However, TSCA section 5(e) consent 

orders have been issued for these 

chemical substances, and the PMN 

submitters are prohibited by the TSCA 

section 5(e) consent order from 

undertaking activities which would be 

designated as significant new uses. The 

identities of the chemical substances 

subject to this proposed rule have not 

been claimed as confidential and EPA 

has received no post-PMN bona fide 

submissions (per 40 CFR 720.25 and 

§ 721.11). Based on this, the Agency 

believes that it is highly unlikely that 

any of the significant new uses 

described in the regulatory text of this 

proposed rule are ongoing. 

Therefore, EPA designates February 

10, 2014 as the cutoff date for 

determining whether the new use is 

ongoing. Persons who begin commercial 

manufacture or processing of the 

chemical substances for a significant 

new use identified as of 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 wait until the notice 

review period, including any 

extensions, expires. If such a person met 

the conditions of advance compliance 

under § 721.45(h), the person would be 

considered exempt from the 

requirements of the SNUR. Consult the 

Federal Register document of April 24, 

1990 (55 FR 17376) for a more detailed 

discussion of the cutoff date for ongoing 

uses. 

VII. Test Data and Other Information 

EPA recognizes that TSCA section 5 

does not require developing any 

particular test data before submission of 

a SNUN. The two exceptions are: 

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 


emcdonald on DSK67QTVN1PROD with PROPOSALS
Federal Register / Vol. 79, No. 27 / Monday, February 10, 2014 / Proposed Rules 7625 

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 40 

CFR 720.50). However, upon review of 

PMNs and SNUNs, the Agency has the 

authority to require appropriate testing. 

In cases where EPA issued a TSCA 

section 5(e) consent order that requires 

or recommends certain testing, Unit IV. 

lists those tests. Descriptions of tests are 

provided for informational purposes. 

EPA strongly encourages persons, before 

performing any testing, to consult with 

the Agency pertaining to protocol 

selection. To access the OCSPP test 

guidelines referenced in this document 

electronically, please go to http://

www.epa.gov/ocspp and select ‘‘Test 

Methods and Guidelines.’’ The OECD 

test guidelines are available from the 

OECD Bookshop at http://

www.oecdbookshop.org or SourceOECD 

at http://www.sourceoecd.org. 

In the TSCA section 5(e) consent 

order for three of the chemical 

substances in this proposed rule, EPA 

has established production volume 

limits in view of the lack of data on the 

potential health and environmental 

risks that may be posed by the 

significant new uses or increased 

exposure to the chemical substances. 

These limits cannot be exceeded unless 

the PMN submitter first submits the 

results of toxicity tests that would 

permit a reasoned evaluation of the 

potential risks posed by these chemical 

substances. Under recent TSCA section 

5(e) consent orders, each PMN submitter 

is required to submit each study before 

reaching the specified production limit. 

The SNURs contain the same 

production volume limits as the TSCA 

section 5(e) consent order. Exceeding 

these production limits is defined as a 

significant new use. Persons who intend 

to exceed the production limit must 

notify the Agency by submitting a 

SNUN at least 90 days in advance of 

commencement of non-exempt 

commercial manufacture (including 

import) or processing. 

The recommended tests specified in 

Unit IV. may not be the only means of 

addressing the potential risks of the 

chemical substance. However, 

submitting a SNUN 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 substances. 

• Potential benefits of the chemical 

substances. 

• Information on risks posed by the 

chemical substances compared to risks 

posed by potential substitutes. 

VIII. SNUN Submissions 

According to § 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 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. 

IX. Economic Analysis 

EPA has evaluated the potential costs 

of establishing SNUN requirements for 

potential manufacturers and processors 

of the chemical substances during the 

development of the direct final rule. 

EPA’s complete economic analysis is 

available in the docket under docket ID 

number EPA–HQ–OPPT–2013–0399. 

X. Statutory and Executive Order 

Reviews 

A. Executive Order 12866 

This proposed rule would establish 

SNURs for three chemical substances 

that were the subject of PMNs and a 

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 (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. 

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 (RFA) 

On February 18, 2012, EPA certified 

pursuant to RFA section 605(b) (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 SNUR 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 IX., 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 these 

SNURs would not have a significant 

economic impact on a substantial 

number of small entities. 


emcdonald on DSK67QTVN1PROD with PROPOSALS
7626 Federal Register / Vol. 79, No. 27 / Monday, February 10, 2014 / Proposed Rules 

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 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 UMRA sections 202, 203, 204, or 205 

(2 U.S.C. 1501 et seq.). 

E. Executive Order 13132 

This action would not have a 

substantial direct effect on States, on the 

relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132, entitled 

‘‘Federalism’’ (64 FR 43255, August 10, 

1999). 

F. Executive Order 13175 

This proposed rule would not have 

Tribal implications because it is not 

expected to have substantial direct 

effects on Indian Tribes. This proposed 

rule would not significantly nor 

uniquely affect the communities of 

Indian Tribal governments, nor would it 

involve or impose any requirements that 

affect Indian Tribes. Accordingly, the 

requirements of Executive Order 13175, 

entitled ‘‘Consultation and Coordination 

with Indian Tribal Governments’’ (65 FR 

67249, November 9, 2000), do not apply 

to this proposed rule. 

G. Executive Order 13045 

This action is not subject to Executive 

Order 13045, entitled ‘‘Protection of 

Children from Environmental Health 

Risks and Safety Risks’’ (62 FR 19885, 

April 23, 1997), because this is not an 

economically significant regulatory 

action as defined by Executive Order 

12866, and this action does not address 

environmental health or safety risks 

disproportionately affecting children. 

H. Executive Order 13211 

This proposed rule is not subject to 

Executive Order 13211, entitled 

‘‘Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001), because this action is not 

expected to affect energy supply, 

distribution, or use and because this 

action is not a significant regulatory 

action under Executive Order 12866. 

I. National Technology Transfer and 

Advancement Act (NTTAA) 

In addition, since this action would 

not involve any technical standards, 

NTTAA section 12(d) (15 U.S.C. 272 

note), would not apply to this action. 

J. Executive Order 12898 

This action does not entail special 

considerations of environmental justice 

related issues as delineated by 

Executive Order 12898, entitled 

‘‘Federal Actions to Address 

Environmental Justice in Minority 

Populations and Low-Income 

Populations’’ (59 FR 7629, February 16, 

1994). 

List of Subjects in 40 CFR Part 721 

Environmental protection, Chemicals, 

Hazardous substances, Reporting and 

recordkeeping requirements. 

Dated: February 2, 2014. 

Maria J. Doa, 

Director, Chemical Control Division, Office 

of Pollution Prevention and Toxics. 

Therefore, it is proposed that 40 CFR 

chapter I 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. Add § 721.10673 to subpart E to 

read as follows: 

§ 721.10673 Alkanes, C21-34-branched 

and linear, chloro. 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substance identified as 

alkanes, C21–34-branched and linear, 

chloro (PMN P–12–539; CAS No. 

1417900–96–9) is subject to reporting 

under this section for the significant 

new uses described in paragraph (a)(2) 

of this section. 

(2) The significant new uses are: 

(i) Industrial, commercial, and 

consumer activities. Requirements as 

specified in § 721.80(j) (manufacture of 

the PMN substance with less than 1 

weight percent of chlorinated paraffins 

with an alkyl chain ≤20) and § 721.80(p) 

(1,200,000 kilograms (kg), 14,100,000 

kg, 59,100,000 kg, 78,400,000 kg, and 

86,100,000 kg of the aggregate of the 

PMN substances P–12–539 and P–13– 

109). 

(ii) [Reserved] 

(b) Specific requirements. The 

provisions of subpart A of this part 

apply to this section except as modified 

by this paragraph. 

(1) Recordkeeping. Recordkeeping 

requirements as specified in 

§ 721.125(a), (b), (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. Add § 721.10674 to subpart E to 

read as follows: 

§ 721.10674 Alkanes, C22-30-branched 

and linear, chloro. 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substance identified as 

alkanes, C22-30-branched and linear, 

chloro (PMN P–13–107; CAS No. 

1401947–24–0) 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 § 721.80(j) (manufacture of 

the PMN substance with less than 1 

weight percent of chlorinated paraffins 

with an alkyl chain ≤ 20) and 

§ 721.80(p) (14,100,000 kilograms (kg), 

59,100,000 kg, 78,400,000 kg, 

86,100,000 kg of PMN substance P-13- 

107, from March 19, 2013). 

(ii) [Reserved] 

(b) Specific requirements. The 

provisions of subpart A of this part 

apply to this section except as modified 

by this paragraph. 

(1) Recordkeeping. Recordkeeping 

requirements as specified in 

§ 721.125(a), (b), (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. 

■ 4. Add § 721.10675 to subpart E to 

read as follows: 

§ 721.10675 Alkanes, C24-28, chloro. 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substance identified as 

alkanes, C24-28, chloro (PMN P-13-109; 

CAS No. 1402738–52–6) 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(j) (manufacture of 

the PMN substance with less than 1 

weight percent of chlorinated paraffins 

with an alkyl chain ≤ 20) and 

§ 721.80(p) (1,200,000 kilograms (kg), 

14,100,000 kg, 78,400,000 kg, 

86,100,000 kg of the aggregate of the 

PMN substances P-12-539 and P-13- 

109). 


emcdonald on DSK67QTVN1PROD with PROPOSALS
Federal Register / Vol. 79, No. 27 / Monday, February 10, 2014 / Proposed Rules 7627 

(ii) [Reserved] 

(b) Specific requirements. The 

provisions of subpart A of this part 

apply to this section except as modified 

by this paragraph. 

(1) Recordkeeping. Recordkeeping 

requirements as specified in 

§ 721.125(a), (b), (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. 

[FR Doc. 2014–02846 Filed 2–7–14; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

49 CFR Chapter X 

[Docket No. EP 711] 

Petition for Rulemaking to Adopt 

Revised Competitive Switching Rules 

AGENCY: Surface Transportation Board, 

DOT. 

ACTION: Notice of rescheduled public 

hearing. 

SUMMARY: The Surface Transportation 

Board (the Board) will hold a public 

hearing to explore further the issues 

surrounding the petition by The 

National Industrial Transportation 

League (NITL) and the related 

comments filed in this proceeding. 

DATES: The hearing will be held on 

March 25 and 26, 2014, beginning at 

9:30 a.m., in the Hearing Room at the 

Board’s headquarters located at 395 E 

Street SW., Washington, DC. The 

hearing will be open for public 

observation. 

FOR FURTHER INFORMATION CONTACT: 

Valerie Quinn at (202) 245–0382. 

Assistance for the hearing impaired is 

available through the Federal 

Information Relay Service (FIRS) at 

(800) 877–8339. 

SUPPLEMENTARY INFORMATION: By 

decision served on July 25, 2012, the 

Board began a proceeding to consider a 

proposal submitted by NITL to modify 

the Board’s standards for mandatory 

competitive switching. Under the 

proposal, certain captive shippers 

located in terminal areas would be 

granted access to a competing railroad if 

there is a working interchange within a 

reasonable distance (30 miles under 

NITL’s proposal). In its decision, the 

Board sought empirical information 

about the impact of the proposal if it 

were to be adopted. The Board received 

numerous comments in response to its 

decision. In order to explore further 

NITL’s proposal and the issues raised in 

the submitted comments, the Board 

scheduled a public hearing for October 

22, 2013. The Board received numerous 

notices of intent to participate in that 

hearing. By decision served on October 

16, 2013, the Board postponed the 

hearing due to the Government 

shutdown. The Board is now 

rescheduling the hearing for March 25 

and 26, 2014. 

Additional information—including 

the schedule of appearances and time 

allotments—is contained in the Board’s 

decision, which is available on our Web 

site, http://www.stb.dot.gov. Copies of 

the decision may be purchased by 

contacting the Office of Public 

Assistance, Governmental Affairs, and 

Compliance at (202) 245–0238. 

Assistance for the hearing impaired is 

available through FIRS at (800) 877– 

8339. 

This action will not significantly 

affect either the quality of the human 

environment or the conservation of 

energy resources. 

It is ordered: 

A public hearing in this proceeding 

will be held on March 25 and 26, 2014, 

at 9:30 a.m., in the Board’s Hearing 

Room, at 395 E Street SW., Washington, 

DC, as described above. 

Decided: February 3, 2014. 

By the Board, Joseph H. Dettmar, Acting 

Director, Office of Proceedings. 

Jeffrey Herzig, 

Clearance Clerk. 

[FR Doc. 2014–02941 Filed 2–7–14; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS–HQ–ES–2013–0073; 

FXES11130900000C2–134–FF09E32000] 

RIN 1018–AY00 

Endangered and Threatened Wildlife 

and Plants; Removing the Gray Wolf 

(Canis lupus) From the List of 

Endangered and Threatened Wildlife 

and Maintaining Protections for the 

Mexican Wolf (Canis lupus baileyi) by 

Listing It as Endangered 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Proposed rule; notice of 

availability and reopening of comment 

period. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), announce the 

reopening of the public comment period 

on our June 13, 2013, proposal to 

remove the gray wolf (Canis lupus) from 

the List of Endangered and Threatened 

Wildlife but to maintain endangered 

status for the Mexican wolf by listing it 

as a subspecies (Canis lupus baileyi). 

We also announce the availability of the 

independent scientific peer review 

report on the proposal. We are 

reopening the comment period for 45 

days to allow all interested parties an 

opportunity to comment on our 

proposed rule in light of the peer review 

report on this proposal. The comment 

period is scheduled to close on March 

27, 2014. Comments previously 

submitted need not be resubmitted and 

will be fully considered in preparation 

of the final rule. 

DATES: The public comment period on 

the proposal to remove the gray wolf 

(Canis lupus) from the List of 

Endangered and Threatened Wildlife 

but to maintain endangered status for 

the Mexican wolf by listing it as a 

subspecies (Canis lupus baileyi) that 

was published on June 13, 2013 (78 FR 

35664), is reopened and will close on 

March 27, 2014. Please note comments 

submitted electronically using the 

Federal eRulemaking Portal (see 

ADDRESSES section, below) must be 

received by 11:59 p.m. Eastern Time on 

the closing date. If you are submitting 

your comments by hard copy, please 

mail them by March 27, 2014, to ensure 

that we receive them in time to give 

them full consideration. 

ADDRESSES: Document availability: The 

June 13, 2013, proposal (78 FR 35664) 

is available online at http://

www.regulations.gov under Docket No. 

FWS–HQ–ES–2013–0073 and at http://

www.gpo.gov/fdsys/pkg/FR-2013-06-13/

pdf/2013-13982.pdf. The independent 

scientific peer review report on the 

proposal is available online at http://

www.fws.gov/home/wolfrecovery and at 

http://www.regulations.gov under 

Docket No. FWS–HQ–ES–2013–0073. 

Written Comments: You may submit 

comments by one of the following 

methods: 

(1) Electronically: Go to the Federal 

eRulemaking Portal: http://

www.regulations.gov. Search for Docket 

No. FWS–HQ–ES–2013–0073. Please 

ensure you have found the correct 

document before submitting your 

comments. If your comments will fit in 

the provided comment box, please use 

this feature of http://

www.regulations.gov, as it is most 

compatible with our comment review 

procedures. If you attach your 


emcdonald on DSK67QTVN1PROD with PROPOSALS