76300 Federal Register / Vol. 76, No. 235 / Wednesday, December 7, 2011 / Rules and Regulations 

The expansion could require a tanker’s 

owner or operator to review and modify 

the tanker’s existing vessel response 

plan (VRP) accordingly, and to receive 

Coast Guard approval for the modified 

VRP by October 15, 2015. 

ADDRESSES: The docket for this notice of 

intent is available for inspection or 

copying at the Docket Management 

Facility (M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue SE., Washington, DC 20590, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

You may also find this docket on the 

Internet by going to http:// 

www.regulations.gov, inserting USCG– 

2011–0576 in the ‘‘Keyword’’ box, and 

then clicking ‘‘Search.’’ 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this notice of 

intent, call or email LT Evelynn Samms, 

U.S. Coast Guard Office of Vessel 

Activities; telephone (202) 372–1225, 

email Evelynn.B.Samms@uscg.mil. If 

you have questions on viewing the 

material in the docket, call Ms. Renee V. 

Wright, Program Manager, Docket 

Operations, telephone (202) 366–9826. 

SUPPLEMENTARY INFORMATION: A tanker 

is required by U.S. law and Coast Guard 

regulations to have a vessel response 

plan (VRP) if its cargo consists of 

petroleum or non-petroleum oil, animal 

fat, and/or vegetable oil. A VRP 

describes how the tanker prevents, 

mitigates, or responds to spills of its 

cargo. See 33 CFR 155.1010, 33 CFR 

155.1110, and 33 CFR 155.1210. In 

describing how the tanker would 

respond to a spill, the VRP must 

demonstrate the tanker’s ability to 

deploy specific response resources 

within one of three different timeframes 

(Tiers 1 through 3). 33 CFR 155.1020. 

Those response resources typically 

include the services of nearby response 

vessels under a contract between the 

tanker’s owner or operator and an oil 

spill response organization that owns 

the response vessel. In 14 higher volume 

port areas (HVPAs) defined in 33 CFR 

155.1020, the risk of a cargo spill is 

considered higher than normal because 

of a higher volume of shipping activity 

in these HVPAs. To offset the increased 

risk, these HVPAs require faster 

response times for each Tier. 

The Coast Guard Authorization Act of 

2010 (‘‘the Act’’), Pub. L. 111–281, 124 

Stat. 2905, was enacted on October 15, 

2010, and provides the authority for 

issuing this notice of intent. Section 710 

of the Act requires the Coast Guard to 

undertake action that will lead to the 

expansion of the HVPA in the Strait of 

Juan de Fuca and Puget Sound, 

Washington. Expansion would be 

achieved by moving the seaward 

boundary of the HVPA, currently a 50- 

mile arc centered on the entrance to Port 

Angeles, Washington, westward to Cape 

Flattery, Washington. Moving the 

seaward boundary would add Pacific 

Ocean waters that are under U.S. 

jurisdiction and within a 50-mile arc 

measured from Cape Flattery to the 

Strait of Juan de Fuca and Puget Sound. 

We added an excerpt from navigation 

chart 18480, ‘‘Approaches to Strait of 

Juan de Fuca—Destruction Island to 

Amphitrite Point,’’ showing the revised 

HVPA, to the docket. 

A currently valid VRP attests to a 

tanker’s ability to comply with HVPA 

response time requirements within the 

more sheltered waters of the current 

HVPA, but the same tanker may need to 

revise its VRP to account for spill 

response in the open ocean waters of the 

future expanded HVPA. There may also 

be some tankers that do not operate 

within the current boundaries of the 

HVPA, but that do operate in the open 

ocean offshore of those boundaries, and 

these tankers may need to revise their 

VRPs to show how they will comply 

with HVPA requirements once those 

ocean waters become part of the HVPA. 

The Act further requires that, if a VRP 

needs to be revised in light of the 

boundary change, the Coast Guard must 

approve the revision not later than 

October 15, 2015. Our purpose in 

issuing this document is to announce 

our intent to comply with the Act. The 

HVPA has not yet been expanded; 

therefore, we cannot require tanker 

owners and operators to revise VRPs in 

preparation for expansion at this time. 

However, if you would be affected by 

the future expansion of the HVPA and 

would need a VRP covering the 

expanded area, we advise you to begin 

developing a VRP now so that you can 

submit it in time for Coast Guard review 

and approval before the mandatory 

October 15, 2015, deadline. 

Dated: November 23, 2011. 

Paul F. Thomas, 

Captain, U.S. Coast Guard, Acting Director 

of Prevention Policy. 

[FR Doc. 2011–31218 Filed 12–6–11; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 9 and 721 

[EPA–HQ–OPPT–2011–0109; FRL–8892–2] 

RIN 2070–AB27 

Revocation of the Significant New Use 

Rule on a Certain Chemical Substance 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is revoking a significant 

new use rule (SNUR) promulgated 

under section 5(a)(2) of the Toxic 

Substances Control Act (TSCA) for the 

chemical substance identified 

generically as substituted 

ethoxyethylamine phosphonate, which 

was covered by premanufacture notice 

(PMN) P–95–1950. EPA issued a SNUR 

designating certain activities as 

significant new uses based on the 

concern criteria. Subsequently, EPA 

received and reviewed new information 

and test data for the chemical substance. 

Based on the new information and test 

data, the Agency no longer finds that the 

activities not described in PMN P–95– 

1950 constitute significant new uses. 

DATES: This final rule is effective 

February 6, 2012. 

ADDRESSES: EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ– 

OPPT–2011–0109. 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., Confidential Business Information 

(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 in the electronic docket 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 


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Federal Register / Vol. 76, No. 235 / Wednesday, December 7, 2011 / Rules and Regulations 76301 

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. Does this action apply to me? 

You may be potentially affected by 

this action if you manufacture, import, 

process, or use the chemical substance 

contained in this revocation. 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 manufacturing 

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. 

II. Background 

A. What action is the agency taking? 

In the Federal Register of May 11, 

2011 (76 FR 27294) (FRL–8871–3), the 

Agency proposed revocation of the 

SNUR at 40 CFR 721.6078 for the 

chemical substance identified 

generically as substituted 

ethoxyethylamine phosphonate (PMN 

P–95–1950). The comment period for 

the proposed rule closed on June 10, 

2011; EPA received no comments on the 

action. 

Based on the results of submitted 

aquatic toxicity testing for the chemical 

substance, EPA has determined that the 

substance has inherently low toxicity, 

mitigating concerns for toxicity to 

aquatic organisms. Therefore, EPA 

rescinds its determination that releases 

to water resulting in stream 

concentrations that exceed 30 parts per 

billion (ppb) may cause significant 

adverse environmental effects. Based on 

available information, the substance no 

longer meets the concern criteria at 

§ 721.170(b)(4)(ii). Therefore, EPA is 

revoking the SNUR for this chemical 

substance pursuant to § 721.185(a)(4). 

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 those listed in TSCA section 

5(a)(2). 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, 

import, or process the chemical 

substance for that use. The mechanism 

for reporting under this requirement is 

established under § 721.5. 

Upon conclusion of the review for 

PMN P–95–1950, based on the concern 

criteria in § 721.170(b)(4)(ii), EPA 

determined that there was a concern for 

potential environmental effects of the 

substance and promulgated a SNUR for 

this chemical substance. 

Under § 721.185, EPA may at any time 

revoke a SNUR for a chemical substance 

which has been added to subpart E of 

40 CFR part 721 if EPA makes one of the 

determinations set forth in § 721.185 

(a)(1) through (a)(6). Revocation may 

occur on EPA’s initiative or in response 

to a written request. EPA has 

determined that the criteria set forth in 

§ 721.185(a)(4) have been satisfied for 

the chemical substance. Therefore, EPA 

is hereby revoking the SNUR provisions 

for this chemical substance. When this 

final revocation becomes effective, EPA 

will no longer require notice of intent to 

manufacture, import, or process this 

substance for any significant new uses. 

In addition, export notification under 

TSCA section 12(b) and 40 CFR part 

707, subpart D triggered by the SNUR 

would no longer be required. 

III. Statutory and Executive Order 

Reviews 

This rule revokes or eliminates an 

existing regulatory requirement and 

does not contain any new or amended 

requirements. As such, the Agency has 

determined that this SNUR revocation 

would not have any adverse impacts, 

economic or otherwise. 

The Office of Management and Budget 

(OMB) has exempted these types of 

regulatory actions from review under 

Executive Order 12866, entitled 

Regulatory Planning and Review (58 FR 

51735, October 4, 1993). This rule does 

not contain any information collections 

subject to approval under the Paperwork 

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

seq.). Since this rule eliminates a 

reporting requirement, the Agency 

certifies pursuant to section 605(b) of 

the Regulatory Flexibility Act (RFA) (5 

U.S.C. 601 et seq.), that this SNUR 

revocation would not have a significant 

economic impact on a substantial 

number of small entities. 

For the same reasons, this action does 

not require any action under Title II of 

the Unfunded Mandates Reform Act of 

1995 (UMRA) (Pub. L. 104–4). This rule 

has neither Federalism implications, 

because it would not have substantial 

direct effects 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), nor tribal implications, because it 

would not have substantial direct effects 

on one or more Indian Tribes, on the 

relationship between the Federal 

Government and Indian Tribes, or on 

the distribution of power and 

responsibilities between the Federal 

Government and Indian Tribes, as 

specified in Executive Order 13175, 

entitled Consultation and Coordination 

with Indian Tribal Governments (65 FR 

67249, November 9, 2000). 

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 under Executive Order 

12866, and it does not address 

environmental health or safety risks 

disproportionately affecting children. It 

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. Because 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– 


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76302 Federal Register / Vol. 76, No. 235 / Wednesday, December 7, 2011 / Rules and Regulations 

113, section 12(d) (15 U.S.C. 272 note), 

does not apply to this action. This 

action does not involve special 

considerations of environmental justice 

related issues as required by Executive 

Order 12898, entitled Federal Actions to 

Address Environmental Justice in 

Minority Populations and Low-Income 

Populations (59 FR 7629, February 16, 

1994). 

IV. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report to each House of 

the Congress and the Comptroller 

General of the United States. 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 rule 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. 

40 CFR Part 721 

Environmental protection, Chemicals, 

Hazardous substances, Reporting and 

recordkeeping requirements. 

Dated: November 29, 2011. 

Wendy C. Hamnett, 

Director, Office of Pollution Prevention and 

Toxics. 

Therefore, 40 CFR parts 9 and 721 are 

amended 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. The table in § 9.1 is amended by 

removing under the undesignated center 

heading ‘‘Significant New Uses of 

Chemical Substances’’ § 721.6078. 

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). 

§ 721.6078 [Removed] 

■ 4. Remove § 721.6078. 

[FR Doc. 2011–31393 Filed 12–6–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R05–OAR–2008–0395; FRL–9499–6] 

Approval and Promulgation of Air 

Quality Implementation Plans; Indiana; 

Redesignation of Lake and Porter 

Counties to Attainment of the Fine 

Particulate Matter Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is taking several related 

actions affecting Lake and Porter 

Counties and the State of Indiana for the 

1997 annual fine particulate matter 

(PM2.5) National Ambient Air Quality 

Standard (NAAQS or standard). EPA is 

approving a request from the State of 

Indiana for the redesignation of Lake 

and Porter Counties to attainment of the 

1997 annual PM2.5 standard. EPA is 

approving, as a revision to the Indiana 

State Implementation Plan (SIP), the 

State’s plan for maintaining the 1997 

annual PM2.5 standard in the ChicagoGary-Lake County, Illinois-Indiana (ILIN) PM2.5 nonattainment area (Greater 

Chicago nonattainment area) through 

2025. EPA is also approving Indiana’s 

2025 Nitrogen Oxides (NOX) and PM2.5

Motor Vehicle Emission Budgets 

(MVEBs). Finally, EPA is approving 

Indiana’s 2005 NOX, primary PM2.5, and 

sulfur dioxide (SO2) emissions 

inventories for Lake and Porter 

Counties. 

DATES: This final rule is effective 

February 6, 2012. 

ADDRESSES: EPA has established a 

docket for this action: Docket ID No. 

EPA–R05–OAR–2008–0395. All 

documents in the docket are listed on 

the http://www.regulations.gov web site. 

Although listed in the index, some 

information is not publicly available, 

i.e., Confidential Business Information 

(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 either electronically at http:// 

www.regulations.gov or in hard copy at 

the Environmental Protection Agency, 

Region 5, Air and Radiation Division, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. This facility is open from 

8:30 a.m. to 4:30 p.m., Monday through 

Friday, excluding Federal holidays. We 

recommend that you telephone Edward 

Doty, Environmental Scientist, at (312) 

886–6057, before visiting the Region 5 

office. 

FOR FURTHER INFORMATION CONTACT: 

Edward Doty, Environmental Scientist, 

Attainment Planning and Maintenance 

Section, Air Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 886–6057, 

doty.edward@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. This supplementary information 

section is arranged as follows: 

Table of Contents 

I. What is the background for this rule? 

II. What comments did we receive on the 

proposed rule? 

III. What actions is EPA taking? 

IV. Statutory and and Executive Order 

Reviews 

I. What is the background for this rule? 

On July 18, 1997 (62 FR 38652), EPA 

promulgated an annual PM2.5 standard 

at a level of 15 micrograms per cubic 

meter (mg/m3) of ambient air, based on 

the three-year average of the annual 

mean PM2.5 concentration at any 

monitor (1997 annual PM2.5 standard). 

On October 17, 2006 (71 FR 61144), EPA 

retained the annual PM2.5 standard at 15 

mg/m3 (2006 annual PM2.5 standard). 

However, in response to legal challenges 

of the 2006 annual PM2.5 standard, the 

United States Court of Appeals for the 

District of Columbia Circuit (DC Circuit) 

remanded the 2006 annual PM2.5

standard to EPA for further 

consideration. EPA has retained and 

continues to enforce the 1997 annual 

PM2.5 standard. 

On January 5, 2005 (70 FR 944), EPA 

published air quality area designations 

for the 1997 annual PM2.5 standard 

based on air quality data for calendar 

2001–2003. In that rulemaking, EPA 

designated the Greater Chicago area, 

which includes Lake and Porter 

Counties in Indiana, as nonattainment 

for the 1997 annual PM2.5 standard. 

On April 3, 2008, the Indiana 

Department of Environmental 

Management (IDEM) submitted a 

request for EPA approval of a 

redesignation of Lake and Porter 

Counties to attainment of the 1997 

annual PM2.5 standard. This 


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