6476 Federal Register / Vol. 77, No. 26 / Wednesday, February 8, 2012 / Rules and Regulations 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 721 

[EPA–HQ–OPPT–2011–0108; FRL–9330–6] 

RIN 2070–AB27 

Modification of Significant New Uses 

of Tris Carbamoyl Triazine 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is finalizing an 

amendment to the significant new use 

rule (SNUR) under section 5(a)(2) of the 

Toxic Substances Control Act (TSCA) 

for the chemical substance identified 

generically as tris carbamoyl triazine, 

which was the subject to 

premanufacture notice (PMN) P–95– 

1098. 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 new uses of 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 March 

9, 2012. 

ADDRESSES: EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ– 

OPPT–2011–0108. 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; email 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; email address: TSCAHotline@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 

identified generically as tris carbamoyl 

triazine (PMN P–95–1098). 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 and 19 CFR 

127.28. Chemical importers must certify 

that the shipment of the chemical 

substance complies with all applicable 

rules and orders under TSCA. Importers 

of chemicals subject to a 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 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. 

II. Background 

A. What action is the agency taking? 

EPA is finalizing an amendment to 

the SNUR for the chemical substance 

identified generically as tris carbamoyl 

triazine (PMN P–95–1098) codified at 40 

CFR 721.9719. This final action requires 

persons who intend to manufacture, 

import, or process the 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. 

This rule was proposed in the Federal 

Register issue of August 3, 2011 (76 FR 

46678) (FRL–8878–3). EPA received no 

public comments in response to the 

proposal. Therefore, the Agency is 

issuing a final SNUR, as proposed that: 

1. 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). 

2. Adds protection in the workplace 

requirements under § 721.63 for 

respiratory protection and alternative 

New Chemical Exposure Limit (NCEL) 

exposure monitoring to address the 

newly-identified potential risks from 

inhalation exposure in the workplace. 

3. Revises the hazard communication 

requirements under § 721.72 to add the 

human health hazard and exposures and 

remove the environmental hazards and 

exposures. 

4. Removes all release to water 

requirements under § 721.90. 

5. Revises the recordkeeping 

requirements under § 721.125 to reflect 

the modified significant new uses. 

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, 


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Federal Register / Vol. 77, No. 26 / Wednesday, February 8, 2012 / Rules and Regulations 6477 

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. 

III. Rationale for the Rule 

During review of PMN P–95–1098, the 

chemical substance identified 

generically as tris carbamoyl triazine, 

EPA concluded that regulation was 

warranted under TSCA section 5(e), 

pending the development of information 

sufficient to make reasoned evaluations 

of the health or environmental effects of 

this chemical substance. The basis for 

such findings is outlined in Unit II. of 

the proposed rule to amend this SNUR, 

included in the Federal Register issue 

of August 3, 2011 (76 FR 46678) and in 

the Federal Register document of 

August 20, 1998 (63 FR 44562) (FRL– 

5788–7). Based on these findings, a 

TSCA section 5(e) consent order 

requiring the use of appropriate 

exposure controls was negotiated with 

the PMN submitter. The SNUR 

provisions for this chemical substance 

were consistent with the provisions of 

the original TSCA section 5(e) consent 

order. The SNUR was promulgated 

pursuant to § 721.160. 

After the review of test data submitted 

pursuant to the TSCA section 5(e) 

consent order for PMN P–95–1098 (see 

Unit II. of the proposed rule) and 

consideration of the factors included in 

TSCA section 5(a)(2) (see Unit IV. of this 

document), EPA determined that the 

chemical substance may pose an 

unreasonable risk to human health, but 

also that the finding that certain 

activities involving the substance may 

present an unreasonable risk to the 

environment was no longer supported. 

Consequently, EPA is finalizing this 

modification to the SNUR at § 721.9719 

according to procedures in § 721.160 

and § 721.185, so that SNUR provisions 

for this chemical substance remain 

consistent with the provisions of the 

TSCA section 5(e) consent order, as 

modified. 

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 the chemical substance 

identified generically as tris carbamoyl 

triazine (PMN P–95–1098), 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 

issue 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 as of the 

effective date of the final rule. 

Any persons who began commercial 

manufacture, import, or processing 

activities with the chemical substance 

identified generically as tris carbamoyl 

triazine (PMN P–95–1098), 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 notice review 

period, including all extensions, before 

engaging in any activities designated as 

significant new uses. 

EPA has promulgated provisions to 

allow persons to comply with this 

SNUR before the effective date. If a 

person were to meet the conditions of 

advance compliance under § 721.45(h), 

the person would be considered to have 

met the requirements of this final SNUR 

for those activities. 

VI. Test Data and Other Information 

EPA recognizes that TSCA section 5 

does not require the development of any 

particular test data before submission of 

a SNUN. There are two exceptions: 

1. Development of test data is 

required where the chemical substance 

subject to the SNUR is also subject to a 

test rule under TSCA section 4 (see 

TSCA section 5(b)(1)). 

2. Development of test data may be 

necessary where the chemical substance 

has been listed under TSCA section 

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

In the absence of a TSCA section 4 

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

listing covering the chemical substance, 

persons are required only to submit test 

data in their possession or control and 

to describe any other data known to or 

reasonably ascertainable by them (see 

§ 720.50). However, upon review of 

PMNs and SNUNs, the Agency has the 

authority to require appropriate testing. 

In this case, EPA recommends persons, 

before performing any testing, to consult 

with the Agency pertaining to protocol 

selection. 

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 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. 

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 


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submission of test data on health and 

environmental effects as described in 

§ 720.50. SNUNs must be on EPA Form 

No. 7710–25, generated using e-PMN 

software, and submitted to the Agency 

in accordance with the procedures set 

forth in §§ 721.25 and 720.40. E–PMN 

software is available electronically at 

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

VIII. Economic Analysis 

EPA evaluated the potential costs of 

establishing SNUN requirements for 

potential manufacturers, importers, and 

processors of the chemical 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–2011–0108. 

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 

modified 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 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 SNURs covering 

over 1,000 chemicals, the Agency 

receives only a handful of notices per 

year. For example, the number of 

SNUNs was four in Federal fiscal year 

2005, eight in FY 2006, six in FY 2007, 

eight in FY 2008, and seven in FY 2009. 

During this five-year period, three small 

entities submitted a SNUN. 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 modified SNUR is 

not expected to be significant or 

adversely impact a substantial number 

of small entities. In a SNUR that 

published in the Federal Register issue 

of June 2, 1997 (62 FR 29684) (FRL– 

5597–1), the Agency presented its 

general determination that final SNURs 

are not expected to have a significant 

economic impact on a substantial 

number of small entities, which was 

provided to the Chief Counsel for 

Advocacy of the Small Business 

Administration. 

D. Unfunded Mandates Reform Act 

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) (Pub. L. 

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. 


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Federal Register / Vol. 77, No. 26 / Wednesday, February 8, 2012 / Rules and Regulations 6479 

I. National Technology Transfer and 

Advancement Act 

In addition, since this action does not 

involve any technical standards, section 

12(d) of the National Technology 

Transfer and Advancement Act of 1995 

(NTTAA), Public Law 104–113, section 

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

apply to this action. 

J. Executive Order 12898 

This action does not entail special 

considerations of environmental justice 

related issues as delineated by 

Executive Order 12898, entitled Federal 

Actions to Address Environmental 

Justice in Minority Populations and 

Low-Income Populations (59 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: February 1, 2012. 

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 § 721.9719 as follows: 

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

and (a)(2)(ii). 

■ b. Remove paragraph (a)(2)(iii). 

■ c. Revise paragraph (b)(1). 

■ d. Remove paragraph (b)(3). 

The revisions read as follows: 

§ 721.9719 Tris carbamoyl triazine 

(generic). 

(a) * * * 

(1) The chemical substance identified 

generically as tris carbamoyl triazine 

(PMN P–95–1098) 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 

chemical substance after it has been 

completely reacted (cured). 

(2) * * * 

(i) Protection in the workplace. 

Requirements as specified in § 721.63 

(a)(4), (a)(6)(v), (b) (concentration set at 

1.0 percent), and (c). Respirators must 

provide a National Institute for 

Occupational Safety and Health 

(NIOSH) assigned protection factor 

(APF) of at least 5. As an alternative to 

the respiratory requirements listed, a 

manufacturer, importer, or processor 

may choose to follow the new chemical 

exposure limit (NCEL) provisions listed 

in the Toxic Substances Control Act 

(TSCA) section 5(e) consent order for 

this substance. The NCEL is 1.0 mg/m3

as an 8-hour time weighted average. 

Persons who wish to pursue NCELs as 

an alternative to the § 721.63 respirator 

requirements may request to do so 

under § 721.30. Persons whose § 721.30 

requests to use the NCELs approach are 

approved by EPA will receive NCELs 

provisions comparable to those 

contained in the corresponding section 

5(e) consent order. The following 

NIOSH-certified respirators meet the 

requirements for § 721.63(a)(4): 

(A) Air purifying, tight-fitting halfface respirator equipped with the 

appropriate combination cartridges; 

cartridges should be tested and 

approved for the gas/vapor substance 

(i.e., organic vapor, acid gas, or 

substance-specific cartridge) and should 

include a particulate filter (N100 if oil 

aerosols are absent, R100, or P100); 

(B) Air purifying, tight-fitting full-face 

respirator equipped with the 

appropriate combination cartridges; 

cartridges should be tested and 

approved for the gas/vapor substance 

(i.e., organic vapor, acid gas, or 

substance-specific cartridge) and should 

include a particulate filter (N100 if oil 

aerosols are absent, R100, or P100); 

(C) Powered air-purifying respirator 

equipped with loose-fitting hood or 

helmet equipped with a High Efficiency 

Particulate Air (HEPA) filter; powered 

air-purifying respirator equipped with 

tight-fitting facepiece (either half-face or 

full-face) equipped with a HEPA filter; 

(D) Supplied-air respirator operated in 

pressure demand or continuous flow 

mode and equipped with a hood or 

helmet, or tight-fitting face piece (either 

half-face or full-face). 

(ii) Hazard communication program. 

Requirements as specified in § 721.72 

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

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

(g)(1)(ix), (g)(2)(ii), (g)(2)(iv), and (g)(5). 

(b) * * * 

(1) Recordkeeping. Recordkeeping 

requirements as specified in § 721.125 

(a), (b), (c), (d), (f), (g), and (h) are 

applicable to manufacturers, importers, 

and processors of this substance. 

* * * * * 

[FR Doc. 2012–2909 Filed 2–7–12; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 1 and 76 

[MB Docket No. 07–42; FCC 11–119] 

Leased Commercial Access; 

Development of Competition and 

Diversity in Video Programming 

Distribution and Carriage 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule; announcement of 

effective date. 

SUMMARY: In this document, the 

Commission announces that the Office 

of Management and Budget (OMB) has 

approved, for a period of three years, the 

information collection associated with 

the Commission’s rules contained in the 

Second Report and Order, FCC 11–119, 

pertaining to carriage of video 

programming vendors by multichannel 

video programming distributors 

(program carriage rules). This notice is 

consistent with the Secord Report and 

Order, which stated that the 

Commission would publish a document 

in the Federal Register announcing the 

effective date of those rules. 

DATES: The amendments to 47 CFR 

1.221(h), 1.229(b)(3), 1.229(b)(4), 

1.248(a), 1.248(b), 76.7(g)(2), 

76.1302(c)(1), 76.1302(d), 76.1302(e)(1), 

and 76.1302(k) published at 76 FR 

60652, September 29, 2011, are effective 

on February 8, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Cathy Williams at (202) 418–2918, or 

email: Cathy.Williams@fcc.gov. 

SUPPLEMENTARY INFORMATION: This 

document announces that, on January 

30, 2012, OMB approved, for a period of 

three years, the information collection 

requirements relating to the program 

carriage rules contained in the 

Commission’s Second Report and Order, 

FCC 11–119, published at 76 FR 60652, 

September 29, 2011. The OMB Control 

Number is 3060–0888. The Commission 

publishes this notice as an 

announcement of the effective date of 

the rules. If you have any comments on 

the burden estimates listed below, or 

how the Commission can improve the 


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