27910 Federal Register / Vol. 76, No. 93 / Friday, May 13, 2011 / Rules and Regulations 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: April 29, 2011. 

Ira W. Leighton, 

Acting Regional Administrator, EPA Region 

1. 

Part 52 of chapter I, title 40 of the 

Code of Federal Regulations is amended 

as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart W—Massachusetts 

■ 2. Section 52.1132 is amended by 

adding paragraph (e) to read as follows: 

§ 52.1132 Control strategy: Carbon 

Monoxide. 

* * * * * 

(e) Approval—On April 14, 2010, the 

Massachusetts Department of 

Environmental Protection submitted a 

modification to the Lowell maintenance 

plan approved in paragraph (c) of this 

section. Massachusetts will not conduct 

CO monitoring in Lowell, but instead 

commits to continue to collect and 

review CO monitoring data from nearby 

Worcester, MA on an on-going basis. In 

the event the second highest CO 

concentration in any calendar year 

monitored in Worcester reaches 75 

percent of the federal 1-hour or 8-hour 

national ambient air quality standard for 

CO, Massachusetts will, within 

9 months of recording such 

concentrations, re-establish a CO 

monitoring site in Lowell consistent 

with EPA citing criteria, and resume 

analyzing and reporting those data. 

Massachusetts commits to implement its 

contingency program in Lowell in the 

event that a CO violation is monitored 

at the re-established Lowell monitoring 

site at any time during the maintenance 

period. If the Worcester CO monitor 

measures a violation of either the 

federal 1-hour or 8-hour NAAQS for CO, 

contingency measures will be 

implemented in Lowell as well, until a 

re-established CO monitor in Lowell 

shows that the area is in attainment of 

the CO standard. 

[FR Doc. 2011–11722 Filed 5–12–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 721 

[EPA–HQ–OPPT–2009–0669; FRL–8871–5] 

RIN 2070–AB27 

Modification of the Significant New 

Uses of 2-Propen-1-one, 1-(4- 

morpholinyl)- 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is finalizing an 

amendment to the significant new use 

rule (SNUR) under the Toxic Substances 

Control Act (TSCA) for 2–Propen-1-one, 

1-(4-morpholinyl)- (CAS No. 5117–12– 

4). This action requires persons who 

intend to manufacture, import, or 

process the chemical substance for a use 

that is designated as a significant new 

use by this final rule to notify EPA at 

least 90 days before commencing that 

activity. EPA believes that this action is 

necessary because the chemical 

substance may be hazardous to human 

health. The required notification would 

provide EPA with the opportunity to 

evaluate the intended use and, if 

necessary, to prohibit or limit that 

activity before it occurs. 

DATES: This final rule is effective June 

13, 2011. 

ADDRESSES: EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ– 

OPPT–2009–0669. 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 

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: Tracey 

Klosterman, Chemical Control Division 

(7405M), Office of Pollution Prevention 

and Toxics, Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460–0001; telephone 

number: (202) 564–2209; e-mail address: 

klosterman.tracey@epa.gov. 

For general information contact: The 

TSCA–Hotline, ABVI–Goodwill, 422 

South Clinton Ave., Rochester, NY 

14620; telephone number: (202) 554– 

1404; e-mail 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 2-Propen-1-one, 1-(4- 

morpholinyl)-(CAS No. 5117–12–4). 

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. 

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 modified 

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Federal Register / Vol. 76, No. 93 / Friday, May 13, 2011 / Rules and Regulations 27911 

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 the chemical substance 

that is the subject of a final rule 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. 

II. Background 

A. What action is the Agency taking? 

EPA is finalizing an amendment to 

the SNUR for the chemical substance 

identified as 2-Propen-1-one, 1-(4- 

morpholinyl)- (PMN P–95–169; CAS No. 

5117–12–4) codified at § 721.5185. This 

final action requires persons who intend 

to manufacture, import, or process the 

subject chemical substance for an 

activity that is designated as a 

significant new use by this final rule to 

notify EPA at least 90 days before 

commencing that activity. 

In addition, EPA is revising the name 

of the chemical substance as it appears 

at § 721.5185 to reflect the correct 

Chemical Abstracts (CA) Index name. 

2-Propen-1-one, 1-(4-morpholinyl)- is 

the correct CA Index name for the 

chemical substance represented by CAS 

No. 5117–12–4 as it appears on the 

TSCA Inventory. The chemical name 

Morpholine, 4-(1-oxo-2-propenyl)-, 

which currently appears at § 721.5185, 

is a synonym for CAS No. 5117–12–4. 

This rule was proposed in the Federal 

Register of November 5, 2010 (75 FR 

68306) (FRL–8849–7). EPA received no 

public comments in response to the 

proposal. Therefore, the Agency is 

issuing a final SNUR as proposed that: 

1. Revises the CA Index name for the 

chemical substance represented by CAS 

No. 5117–12–4 from Morpholine, 4-(1- 

oxo-2-propenyl)- to 2-Propen-1-one, 

1-(4-morpholinyl)-. 

2. Identifies those forms of the PMN 

substance that are exempt from the 

provisions of the SNUR. These 

exemptions apply to quantities of the 

PMN substance after it has been 

completely reacted (cured). 

3. Revises the protection in the 

workplace requirements under § 721.63 

to remove all requirements for 

respiratory protection. 

4. Revises the hazard communication 

requirements under § 721.72 to remove 

all requirements pertaining to 

respiratory protection. 

5. Revises the industrial, commercial, 

and consumer requirements under 

§ 721.80 to remove all requirements 

pertaining to domestic manufacture, and 

aggregate manufacture and import 

volumes. 

6. Removes all disposal requirements 

under § 721.85. 

7. Removes all release to water 

requirements under § 721.90. 

8. Revises the recordkeeping 

requirements under § 721.125 to reflect 

the aforementioned modified SNUR 

requirements. 

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 IV. 

of this document. 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. 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 

final 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. 

Chemical importers are subject to the 

TSCA section 13 (15 U.S.C. 2612) 

import certification requirements 

codified at 19 CFR 12.118 through 

12.127; see also 19 CFR 127.28 (the 

corresponding EPA policy appears at 40 

CFR part 707, subpart B). Chemical 

importers must certify that the shipment 

of the chemical substance complies with 

all applicable rules and orders under 

TSCA. Importers of chemical substances 

subject to a modified SNUR must certify 

their compliance with the SNUR 

requirements. In addition, any persons 

who export or intend to export a 

chemical substance identified in a 

modified 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. 

III. Rationale and Objectives of the Rule 

A. Rationale 

Under the terms of the TSCA section 

5(e) consent order for P–95–0169, the 

PMN submitter completed and 

submitted required testing for EPA 

review. Based on these new data, 

concerns remain for possible effects to 

the liver, testes, kidney, and blood from 

dermal exposure. However, EPA no 

longer has substantial human health 

concerns for mutagenicity and 

neurotoxicity. In addition, based on 

these data, Agency concerns for 

carcinogenicity by inhalation were 

reduced, and further mitigated by 

retaining the original consent order 

prohibition of industrial processing and 

use in a non-enclosed process and any 

use application methods that generate a 

vapor, mist, or aerosol form of the PMN 

substance. Finally, the Agency rereviewed the environmental toxicity 

profile for the PMN substance and as a 

result of this evaluation could no longer 

make a ‘‘may present unreasonable risk′′ 

finding for releases of the PMN 

substance to surface waters. As a result 

of the aforementioned review, EPA 

issued a modified TSCA section 5(e) 

consent order, which became effective 

on May 9, 2006. These modifications to 

the consent order are the same being 

made to this SNUR and are described in 

Unit II.A. 

In addition, the Agency received a 

SNUN (S–08–07) for the subject 

chemical substance. The significant new 

use identified in the notice was release 

to water for the generic (nonconfidential) use of ‘‘contained use in 

energy production.′′ The 90-day review 

period for the SNUN expired with the 

Agency not taking action on the 

‘‘significant new use′′ of release of the 

substance to water. This decision by the 

Agency is consistent with the 

modifications made to the consent order 

for P–95–169 and today’s SNUR. 

Pursuant to § 721.185(a)(5) and as 

described in Unit II. of the proposed 

rule (see the Federal Register of 

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27912 Federal Register / Vol. 76, No. 93 / Friday, May 13, 2011 / Rules and Regulations 

November 5, 2010 (75 FR 68306)), the 

Agency has examined new information 

and reexamined the test data and other 

information supporting its finding 

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

for the chemical substance 2–Propen-1- 

one, 1-(4-morpholinyl)-. EPA 

determined that existing data no longer 

supports a finding that certain activities 

involving the substance ‘‘may present an 

unreasonable risk′′ of injury to human 

health and the environment required 

under section 5(e)(1)(A) of TSCA. 

B. Objectives 

EPA is issuing this modified SNUR 

for 2-Propen-1-one, 1-(4-morpholinyl)- 

(PMN P–95–169; CAS No. 5117–12–4) 

because the Agency wants to achieve 

the following objectives with regard to 

the significant new uses designated in 

this final rule: 

• EPA will receive notice of any 

person’s intent to manufacture, import, 

or process a listed chemical substance 

for the described significant new use 

before that activity begins. 

• EPA will have an opportunity to 

review and evaluate data submitted in a 

SNUN before the notice submitter 

begins manufacturing, importing, or 

processing a listed chemical substance 

for the described significant new use. 

• EPA will be able to regulate 

prospective manufacturers, importers, 

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 will ensure that all 

manufacturers, importers, and 

processors of the same chemical 

substance that is subject to a TSCA 

section 5(e) consent order are subject to 

similar requirements. 

IV. 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 authorizes EPA to consider any 

other relevant factors. 

To determine what would constitute a 

significant new use for 2–Propen-1-one, 

1-(4-morpholinyl)- subject to this 

modified SNUR, 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. 

V. Applicability of Rule to Uses 

Occurring Before Effective Date of the 

Final Rule 

As discussed in the Federal Register 

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

has decided that the intent of TSCA 

section 5(a)(1)(B) is best served by 

designating a use as a significant new 

use as of the date of publication of the 

proposed SNUR rather than as of the 

effective date of the final rule. If uses 

begun after publication 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 

proposed significant new use before the 

rule became effective, and then argue 

that the use was ongoing before the 

effective date of the final rule. 

Any person who began commercial 

manufacture, import, or processing of 

the chemical substance 2–Propen-1-one, 

1-(4-morpholinyl)- (CAS No. 5117–12– 

4) for any of the significant new uses 

designated in the proposed SNUR 

modification after the date of 

publication of the proposed SNUR must 

stop that activity before the effective 

date of this final rule. Persons who 

ceased those activities will have to meet 

all SNUR notice requirements and wait 

until the end of the notification review 

period, including all extensions, before 

engaging in any activities designated as 

significant new uses. If, however, 

persons who began manufacture, 

import, or processing of the chemical 

substance between the date of 

publication of the proposed SNUR 

modification and the effective date of 

this modified SNUR meet the conditions 

of advance compliance as codified at 

§ 721.45(h), those persons would be 

considered to have met the modified 

SNUR requirements for those activities. 

VI. Test Data and Other Information 

EPA recognizes that TSCA section 5 

does not require developing 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. 

The recommended testing specified in 

Unit II.A. of the proposed rule may not 

be the 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 respond by 

taking 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. 

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Federal Register / Vol. 76, No. 93 / Friday, May 13, 2011 / Rules and Regulations 27913 

VIII. Economic Analysis 

EPA evaluated the potential costs of 

establishing SNUN requirements for 

potential manufacturers, importers, and 

processors of the chemical substance 

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–2009–0669. 

IX. Statutory and Executive Order 

Reviews 

A. Executive Order 12866 

This action modifies 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 PRA, 

unless it has been approved by OMB 

and displays a currently valid OMB 

control number. The OMB control 

numbers for EPA’s regulations in title 40 

of the CFR, after appearing in the 

Federal Register, are listed in 40 CFR 

part 9, and included on the related 

collection instrument or form, if 

applicable. 

The information collection 

requirements related to this action have 

already been approved by OMB 

pursuant to PRA under OMB control 

number 2070–0012 (EPA ICR No. 574). 

This action does not impose any burden 

requiring additional OMB approval. If 

an entity were to submit a SNUN to the 

Agency, the annual burden is estimated 

to average between 30 and 170 hours 

per response. This burden estimate 

includes the time needed to review 

instructions, search existing data 

sources, gather and maintain the data 

needed, and complete, review, and 

submit the required SNUN. 

Send any comments about the 

accuracy of the burden estimate, and 

any suggested methods for minimizing 

respondent burden, including through 

the use of automated collection 

techniques, to the Director, 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 

Pursuant to section 605(b) of the 

Regulatory Flexibility Act (RFA) (5 

U.S.C. 601 et seq.), the Agency hereby 

certifies that promulgation of this SNUR 

will not have a significant adverse 

economic impact on a substantial 

number of small entities. The rationale 

supporting this conclusion is discussed 

in this unit. The requirement to submit 

a SNUN applies to any person 

(including small or large entities) who 

intends to engage in any activity 

described in the final rule as a 

‘‘significant new use.′′ Because these 

uses are ‘‘new,′′ based on all information 

currently available to EPA, it appears 

that no small or large entities presently 

engage in such activities. A SNUR 

requires that any person who intends to 

engage in such activity in the future 

must first notify EPA by submitting a 

SNUN. Although some small entities 

may decide to pursue a significant new 

use in the future, EPA cannot presently 

determine how many, if any, there may 

be. However, EPA’s experience to date 

is that, in response to the promulgation 

of over 1,400 SNURs, the Agency 

receives on average only 5 notices per 

year. Of those SNUNs submitted from 

2006–2008, only one appears to be from 

a small entity. In addition, the estimated 

reporting cost for submission of a SNUN 

(see Unit VIII.) is minimal regardless of 

the size of the firm. Therefore, EPA 

believes that the potential economic 

impacts of complying with this SNUR 

are not expected to be significant or 

adversely impact a substantial number 

of small entities. In a SNUR that 

published in the Federal Register of 

June 2, 1997 (62 FR 29684) (FRL–5597– 

1), the Agency presented its general 

determination that modified SNURs are 

not expected to have a significant 

economic impact on a substantial 

number of small entities, which was 

provided to the Chief Counsel for 

Advocacy of the Small Business 

Administration. 

D. Unfunded Mandates Reform Act 

Based on EPA’s experience with 

proposing and finalizing SNURs, State, 

local, and Tribal governments have not 

been impacted by these rulemakings, 

and EPA does not have any reasons to 

believe that any State, local, or Tribal 

government will be impacted by this 

final rule. As such, EPA has determined 

that this final rule does not impose any 

enforceable duty, contain any unfunded 

mandate, or otherwise have any affect 

on small governments subject to the 

requirements of sections 202, 203, 204, 

or 205 of the Unfunded Mandates 

Reform Act of 1995 (UMRA) (Public 

Law 104–4). 

E. Executive Order 13132 

This action will not have a substantial 

direct effect on States, on the 

relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132, entitled 

Federalism (64 FR 43255, August 10, 

1999). 

F. Executive Order 13175 

This final rule does not have Tribal 

implications because it is not expected 

to have substantial direct effects on 

Indian Tribes. This final rule does not 

significantly nor uniquely affect the 

communities of Indian Tribal 

governments, nor does it involve or 

impose any requirements that affect 

Indian Tribes. Accordingly, the 

requirements of Executive Order 13175, 

entitled Consultation and Coordination 

with Indian Tribal Governments (65 FR 

67249, November 9, 2000), do not apply 

to this final 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 action 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 

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27914 Federal Register / Vol. 76, No. 93 / Friday, May 13, 2011 / Rules and Regulations 

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). 

X. 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 in 40 CFR Part 721 

Environmental protection, Chemicals, 

Hazardous substances, Reporting and 

recordkeeping requirements. 

Dated: April 29, 2011. 

Wendy C. Hamnett, 

Director, Office of Pollution Prevention and 

Toxics. 

Therefore, 40 CFR part 721 is 

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 § 721.5185 as follows: 

■ a. Revise the section heading. 

■ b. Revise paragraphs (a)(1) and 

(a)(2)(i). 

■ c. Add paragraph (a)(2)(ii). 

■ d. Revise paragraph (a)(2)(iii). 

■ e. Remove paragraphs (a)(2)(iv), 

(a)(2)(v), and (a)(2)(vi). 

■ f. Revise paragraph (b)(1). 

The revisions and addition read as 

follows: 

§ 721.5185 2-Propen-1-one, 1-(4- 

morpholinyl)-. 

(a) * * * 

(1) The chemical substance identified 

as 2-Propen-1-one, 1-(4-morpholinyl)- 

(PMN P–95–169; CAS No. 5117–12–4) is 

subject to reporting under this section 

for the significant new uses described in 

paragraph (a)(2) of this section. The 

requirements of this rule do not apply 

to quantities of the PMN substance after 

it has been completely reacted (cured). 

(2) * * * 

(i) Protection in the workplace. 

Requirements as specified in § 721.63 

(a)(1), (a)(2)(i), (a)(2)(iv), (a)(3)(i), 

(a)(3)(ii), (a)(4), (a)(6)(v), (b) 

(concentration set at 1.0 percent), and 

(c). Safety 4/4H EVOH/PE laminate, 

Ansell Edmont Neoprene number 865, 

and Solvex Nitrile Rubber number 275 

gloves have been tested in accordance 

with the American Society for Testing 

Materials (ASTM) F739 method and 

found by EPA to satisfy the consent 

orders and § 721.63(a)(2)(i) requirements 

for dermal protection to 100 percent 

PMN substance. Gloves and other 

dermal protection may not be used for 

a time period longer than they are 

actually tested and must be replaced at 

the end of each work shift. For 

additional dermal protection materials, 

a company must submit all test data to 

the Agency and must receive written 

Agency approval for each type of 

material tested prior to use of that 

material as worker dermal protection. 

However, for the purposes of 

determining the imperviousness of 

gloves, up to 1 year after the 

commencement of commercial 

manufacture or import, the employer 

may use the method described in 

§ 721.63(a)(3)(ii), thereafter, they must 

use the method described in 

§ 721.63(a)(3)(i). 

(ii) Hazard communication program. 

Requirements as specified in § 721.72 

(a), (b), (c), (d), (e) (concentration set at 

1.0 percent), (f), (g)(1)(iv), (g)(1)(vi), 

(g)(2)(v), and (g)(5). 

(iii) Industrial, commercial, and 

consumer activities. Requirements as 

specified in § 721.80 (a), (c), and (y)(1). 

(b) * * * 

(1) Recordkeeping. Recordkeeping 

requirements as specified in § 721.125 

(a) through (i) are applicable to 

manufacturers, importers, and 

processors of this chemical substance. 

* * * * * 

[FR Doc. 2011–11435 Filed 5–12–11; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[MB Docket No. 11–20; RM–11619, DA 11– 

750] 

Television Broadcasting Services; 

Kalispell, MT 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: The Commission has before it 

a Notice of Proposed Rulemaking issued 

in response to a petition for rulemaking 

filed by Montana State University 

(‘‘MSU′′) requesting that channel *46 be 

transferred from the Pre-Transition DTV 

Table of Allotments, 47 CFR 73.622(b), 

to the Post-Transition Table of DTV 

Allotments, 47 CFR 73.622(i). MSU 

states that the grant of its rulemaking 

petition and application will serve the 

public interest by eliminating a 

substantial noncommercial educational 

white space area in northwest Montana 

and will further the Congressional 

mandate in Section 396(a)(9) of the 

Communications Act to ensure that all 

citizens have access to public 

telecommunications services. 

DATES: This rule is effective June 13, 

2011. 

FOR FURTHER INFORMATION CONTACT: 

Adrienne Y. Denysyk, 

adrienne.denysyk@fcc.gov, Media 

Bureau, (202) 418–1600. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Report 

and Order, MB Docket No. 11–20, 

adopted April 26, 2011, and released 

April 28, 2011. The full text of this 

document is available for public 

inspection and copying during normal 

business hours in the FCC’s Reference 

Information Center at Portals II, CY– 

A257, 445 12th Street, SW., 

Washington, DC 20554. This document 

will also be available via ECFS (http:// 

fjallfoss.fcc.gov/ecfs/). This document 

may be purchased from the 

Commission’s duplicating contractor, 

Best Copy and Printing, Inc., 445 12th 

Street, SW., Room CY–B402, 

Washington, DC 20554, telephone 

1–800–478–3160 or via the company’s 

Web site, http://www.bcipweb.com. To 

request materials in accessible formats 

for people with disabilities (braille, 

large print, electronic files, audio 

format), send an e-mail to 

fcc504@fcc.gov or call the Consumer & 

Governmental Affairs Bureau at 202– 

418–0530 (voice), 202–418–0432 (tty). 

This document does not contain 

information collection requirements 

subject to the Paperwork Reduction Act 

of 1995, Public Law 104–13. In addition, 

therefore, it does not contain any 

information collection burden ‘‘for small 

business concerns with fewer than 25 

employees,′′ pursuant to the Small 

Business Paperwork Relief Act of 2002, 

Public Law 107–198, see 44 U.S.C. 

3506(c)(4). Provisions of the Regulatory 

Flexibility Act of 1980 do not apply to 

this proceeding. 

The Commission will send a copy of 

this Report and Order in a report to be 

sent to Congress and the Government 

Accountability Office pursuant to the 

Congressional review Act, see 5 U.S.C. 

801(a)(1)(A). 

WReier-Aviles on DSKGBLS3C1PROD with RULES