Federal Register / Vol. 76, No. 103 / Friday, May 27, 2011 / Rules and Regulations 30835 

* * * * * 

[FR Doc. 2011–13067 Filed 5–26–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 721 

[EPA–HQ–OPPT–2008–0296; FRL–8858–1] 

RIN 2070–AJ41 

Requests for Modification or 

Revocation of Toxic Substances 

Control Act Section 5 Significant New 

Use Notice Requirements; Revision to 

Notification Regulations 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: This direct final rule amends 

the procedures for requests for 

modification or revocation of Toxic 

Substances Control Act (TSCA) section 

5 significant new use notification 

(SNUN) requirements by establishing 

electronic submission requirements. 

EPA issued a final rule in the Federal 

Register of January 6, 2010, introducing 

electronic reporting requirements for 

TSCA section 5 submissions and 

supporting documents. However, the 

regulatory text inadvertently did not 

include amendments to the reporting 

requirements for submissions of 

requests for modifications or 

revocations of SNUN requirements. This 

direct final rule includes the 

amendment that was originally intended 

by EPA. 

DATES: This direct final rule is effective 

July 26, 2011 without further notice, 

unless EPA receives adverse comment 

on or before June 27, 2011. If EPA 

receives adverse comments on this 

action, EPA will withdraw the direct 

final rule before its effective date. EPA 

will then issue a proposed rule, 

providing a 30-day period for public 

comment. 

ADDRESSES: EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ– 

OPPT–2008–0296. 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: Greg 

Schweer, Chemical Control Division 

(7405M), Office of Pollution Prevention 

and Toxics, Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460–0001; telephone 

number: (202) 564–8469; e-mail address: 

schweer.greg@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: TSCAHotline@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Does this action apply to me? 

You may be affected by this action if 

you manufacture, import, or process 

chemicals for commercial purposes. 

Potentially affected entities may 

include, but are not limited to: 

• Manufacturers, importers, and 

processors of chemical substances or 

mixtures, e.g., chemical manufacturing 

and processing and petroleum refineries 

(NAICS codes 325 and 324110). 

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 

40 CFR part 721 for TSCA section 5- 

related obligations. 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? 

This action amends 40 CFR 

721.185(b)(1), which sets forth 

requirements for requesting 

modification or revocation of SNUN 

requirements. This provision requires 

persons who request modification of 

SNUN requirements for a particular 

chemical substance to send the request 

in writing to EPA. When developing the 

TSCA section 5 electronic reporting 

requirements published in the Federal 

Register issue of January 6, 2010 (75 FR 

773) (FRL–8794–5), EPA had intended 

to include these modification requests. 

In the document proposing electronic 

reporting of TSCA section 5 

submissions published in the Federal 

Register issue of December 22, 2008 (73 

FR 78261) (FRL–8395–8), EPA included 

regulatory text to require electronic 

reporting for modification and 

revocation requests regarding significant 

new use reporting requirements for 

microorganisms under 40 CFR 

725.984(b)(1), containing language 

almost identical to the regulatory 

language included in this direct final 

rule. Discussion in the preamble of the 

final rule regarding types of submissions 

that would continue to be required in 

hard copy did not include modification 

and revocation requests under 

§ 721.185(b)(1). No comments were 

received regarding 40 CFR 

725.984(b)(1), and EPA finalized this 

change. However, the corresponding 

change to the analogous provision in 

§ 721.185(b)(1) was inadvertently 

omitted from both the proposed and 

final rule. This direct final rule includes 

this change. 

B. What is the agency’s authority for 

taking this action? 

Section 5(a)(1)(A) of TSCA requires 

persons to notify EPA at least 90 days 

before manufacturing a new chemical 

substance for commercial purposes 

(under TSCA manufacture includes 

import). Section 3(9) of TSCA defines a 

‘‘new chemical substance’’ as any 

substance that is not on the TSCA 

Inventory of Chemical Substances 

compiled by EPA under section 8(b) of 

TSCA. Section 5(a)(2) of TSCA 

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 


jdjones on DSK8KYBLC1PROD with RULES
30836 Federal Register / Vol. 76, No. 103 / Friday, May 27, 2011 / Rules and Regulations 

substance is a significant new use, 

TSCA section 5(a)(1)(B) requires persons 

to submit a notice to EPA at least 90 

days before manufacturing or processing 

the chemical substance for that use. 

The Government Paperwork 

Elimination Act (GPEA) requires 

Federal agencies to provide for the: 

1. Option of electronic maintenance, 

submission, or disclosure of 

information, when practicable as a 

substitute for paper. 

2. Use and acceptance of electronic 

signatures, when practicable. EPA’s 

Cross-Media Electronic Reporting 

Regulation (CROMERR) (40 CFR part 3), 

published in the Federal Register issue 

of October 13, 2005 (70 FR 59848) (FRL– 

7977–1), provides that any requirement 

in title 40 of the CFR to submit a report 

directly to EPA can be satisfied with an 

electronic submission that meets certain 

conditions once the Agency publishes a 

document that electronic document 

submission is available for that 

requirement. 

C. Why is this notice issued as a final 

rule? 

Section 553 of the Administrative 

Procedure Act (APA), 5 U.S.C. 

553(b)(3)(B), provides that, when an 

agency for good cause finds that notice 

and public procedure are impracticable, 

unnecessary, or contrary to the public 

interest, the agency may issue a final 

rule without providing notice and an 

opportunity for public comment. EPA 

has determined that there is good cause 

for making this rule final without prior 

proposal and opportunity for comment, 

for the reasons mentioned in Unit II.A. 

EPA finds that this constitutes good 

cause under 5 U.S.C. 533(b)(3)(B). 

III. Statutory and Executive Order 

Reviews 

This action amends an existing 

regulation to correct an omission in the 

final rule published in the Federal 

Register of January 6, 2010, introducing 

electronic reporting of TSCA section 5 

submissions and supporting documents; 

it does not otherwise amend or impose 

any other requirements. This action is 

not a ‘‘significant regulatory action’’ 

under Executive Order 12866, entitled 

Regulatory Planning and Review (58 FR 

51735, October 4, 1993). Further, this 

direct final rule does not impose new or 

change any information collection 

burden that requires additional review 

by the Office of Management and 

Budget (OMB) under the provisions of 

the Paperwork Reduction Act of 1995 

(44 U.S.C. 3501 et seq.). The information 

collection activities contained in the 

regulations are already approved under 

OMB control numbers 2070–0012 and 

2070–0038. An agency may not conduct 

or sponsor, and a person is not required 

to respond to a collection of information 

unless it displays a currently valid OMB 

control number. The OMB control 

numbers for EPA’s regulations in 40 

CFR are listed in 40 CFR part 9 and on 

corresponding collection instruments, 

as applicable. 

Pursuant to section 605(b) of the 

Regulatory Flexibility Act (5 U.S.C. 601 

et seq.), the Agency hereby certifies that 

this direct final rule will not have a 

significant adverse economic impact on 

a substantial number of small entities. 

The correction is not expected to have 

any adverse economic impacts on 

affected entities, regardless of their size. 

This determination is consistent with 

that made for the final rule, which 

appears in Unit VII.C. of the preamble 

to the January 6, 2010 final rule. 

State, local, and tribal governments 

were not expected to be affected by the 

January 6, 2010 final rule (see Unit 

VII.D. through F. of the preamble to that 

action), and, similarly, this direct final 

rule is not expected to affect these 

governments. Accordingly, pursuant to 

Title II of the Unfunded Mandates 

Reform Act (UMRA) (2 U.S.C. 1531– 

1538), EPA has determined that this 

action is not subject to the requirements 

in UMRA sections 202 and 205 because 

it does not contain a Federal mandate 

that may result in expenditures of $100 

million or more for State, local, and 

tribal governments, in the aggregate, or 

for the private sector in any 1 year. In 

addition, this action does not 

significantly or uniquely affect small 

governments or impose a significant 

intergovernmental mandate, as 

described in UMRA sections 203 and 

204. For the same reasons, EPA has 

determined that this direct final rule 

does not have ‘‘federalism implications’’ 

as specified in Executive Order 13132, 

entitled Federalism (64 FR 43255, 

August 10, 1999), because it would not 

have substantial direct effects on the 

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 the 

Order. Thus, Executive Order 13132 

does not apply to this direct final rule. 

Nor does it have ‘‘tribal implications’’ as 

specified in Executive Order 13175, 

entitled Consultation and Coordination 

with Indian Tribal Governments (65 FR 

22951, November 9, 2000). Thus, 

Executive Order 13175 does not apply 

to this action. 

Since this action is not economically 

significant under Executive Order 

12866, it is not subject to Executive 

Order 13045, entitled Protection of 

Children from Environmental Health 

Risks and Safety Risks (62 FR 19885, 

April 23, 1997), and Executive Order 

13211, entitled Actions Concerning 

Regulations that Significantly Affect 

Energy Supply, Distribution, or Use (66 

FR 28355, May 22, 2001). In addition, 

EPA interprets Executive Order 13045 

as applying only to those regulatory 

actions that concern health or safety 

risks, which is not the case in this direct 

final rule. 

This action does not involve technical 

standards that would require the 

consideration of voluntary consensus 

standards pursuant to section 12(d) of 

the National Technology Transfer and 

Advancement Act (NTTAA) (15 U.S.C. 

272). 

This action does not have an adverse 

impact on the environmental and health 

conditions in low-income and minority 

communities. Therefore, this action 

does not involve special consideration 

of environmental justice related issues 

as specified in 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 in 40 CFR Part 721 

Environmental protection, Chemicals, 

Hazardous substances, Reporting and 

recordkeeping requirements. 

Dated: May 12, 2011. 

Stephen A. Owens, 

Assistant Administrator, Office of Chemical 

Safety and Pollution Prevention. 

Therefore, 40 CFR chapter I 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. Revise paragraph (b)(1) of § 721.185 

to read as follows: 


jdjones on DSK8KYBLC1PROD with RULES
Federal Register / Vol. 76, No. 103 / Friday, May 27, 2011 / Rules and Regulations 30837 

§ 721.185 Limitation or revocation of 

certain notification requirements. 

* * * * * 

(b) * * * 

(1) Any affected person may request 

modification or revocation of significant 

new use notification requirements for a 

substance that has been added to 

subpart E of this part using the 

procedures described in § 721.160 or 

§ 721.170 by writing to the Director of 

the Office of Pollution Prevention and 

Toxics, and stating the basis for such 

request. The request must be 

accompanied by the information 

sufficient to support the request. 

Persons submitting a request to EPA 

under this part, unless allowed by 40 

CFR 720.40(a)(2)(i), (ii), or (iii), must 

submit the request to EPA via EPA’s 

Central Data Exchange (CDX) using 

EPA-provided e-PMN reporting software 

in the manner set forth in 40 CFR 

720.40(a)(2). See 40 CFR 720.40(a)(2)(iv) 

for information on how to obtain the 

e-PMN software. Support documents 

related to these requests must also be 

submitted to EPA in the manner set 

forth in 40 CFR 720.40(a)(2)(i), (ii), or 

(iii). Paper requests must be submitted 

either via U.S. mail to the Document 

Control Office (DCO) (7407M), Office of 

Pollution Prevention and Toxics, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; ATTN: Request to 

Amend SNUR or submitted via courier 

to the Environmental Protection 

Agency, OPPT Document Control Office 

(DCO), EPA East Bldg., 1201 

Constitution Ave., NW., Rm. 6428, 

Washington, DC 20004; ATTN: Request 

to Amend SNUR. Optical discs 

containing electronic requests must be 

submitted by courier to the 

Environmental Protection Agency, 

OPPT Document Control Office (DCO), 

EPA East Bldg., 1201 Constitution Ave., 

NW., Rm. 6428, Washington, DC 20004; 

ATTN: Request to Amend SNUR. 

* * * * * 

[FR Doc. 2011–13250 Filed 5–26–11; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 64 

[Docket ID FEMA–2011–0002; Internal 

Agency Docket No. FEMA–8181] 

Suspension of Community Eligibility 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Final rule. 

SUMMARY: This rule identifies 

communities, where the sale of flood 

insurance has been authorized under 

the National Flood Insurance Program 

(NFIP), that are scheduled for 

suspension on the effective dates listed 

within this rule because of 

noncompliance with the floodplain 

management requirements of the 

program. If the Federal Emergency 

Management Agency (FEMA) receives 

documentation that the community has 

adopted the required floodplain 

management measures prior to the 

effective suspension date given in this 

rule, the suspension will not occur and 

a notice of this will be provided by 

publication in the Federal Register on a 

subsequent date. 

DATES: Effective Dates: The effective 

date of each community’s scheduled 

suspension is the third date (‘‘Susp.’’) 

listed in the third column of the 

following tables. 

FOR FURTHER INFORMATION CONTACT: If 

you want to determine whether a 

particular community was suspended 

on the suspension date or for further 

information, contact David Stearrett, 

Mitigation Directorate, Federal 

Emergency Management Agency, 500 C 

Street, SW., Washington, DC 20472, 

(202) 646–2953. 

SUPPLEMENTARY INFORMATION: The NFIP 

enables property owners to purchase 

flood insurance which is generally not 

otherwise available. In return, 

communities agree to adopt and 

administer local floodplain management 

aimed at protecting lives and new 

construction from future flooding. 

Section 1315 of the National Flood 

Insurance Act of 1968, as amended, 42 

U.S.C. 4022, prohibits flood insurance 

coverage as authorized under the NFIP, 

42 U.S.C. 4001 et seq.; unless an 

appropriate public body adopts 

adequate floodplain management 

measures with effective enforcement 

measures. The communities listed in 

this document no longer meet that 

statutory requirement for compliance 

with program regulations, 44 CFR part 

59. Accordingly, the communities will 

be suspended on the effective date in 

the third column. As of that date, flood 

insurance will no longer be available in 

the community. However, some of these 

communities may adopt and submit the 

required documentation of legally 

enforceable floodplain management 

measures after this rule is published but 

prior to the actual suspension date. 

These communities will not be 

suspended and will continue their 

eligibility for the sale of insurance. A 

notice withdrawing the suspension of 

the communities will be published in 

the Federal Register. 

In addition, FEMA has identified the 

Special Flood Hazard Areas (SFHAs) in 

these communities by publishing a 

Flood Insurance Rate Map (FIRM). The 

date of the FIRM, if one has been 

published, is indicated in the fourth 

column of the table. No direct Federal 

financial assistance (except assistance 

pursuant to the Robert T. Stafford 

Disaster Relief and Emergency 

Assistance Act not in connection with a 

flood) may legally be provided for 

construction or acquisition of buildings 

in identified SFHAs for communities 

not participating in the NFIP and 

identified for more than a year, on 

FEMA’s initial flood insurance map of 

the community as having flood-prone 

areas (section 202(a) of the Flood 

Disaster Protection Act of 1973, 42 

U.S.C. 4106(a), as amended). This 

prohibition against certain types of 

Federal assistance becomes effective for 

the communities listed on the date 

shown in the last column. The 

Administrator finds that notice and 

public comment under 5 U.S.C. 553(b) 

are impracticable and unnecessary 

because communities listed in this final 

rule have been adequately notified. 

Each community receives 6-month, 

90-day, and 30-day notification letters 

addressed to the Chief Executive Officer 

stating that the community will be 

suspended unless the required 

floodplain management measures are 

met prior to the effective suspension 

date. Since these notifications were 

made, this final rule may take effect 

within less than 30 days. 

National Environmental Policy Act. 

This rule is categorically excluded from 

the requirements of 44 CFR part 10, 

Environmental Considerations. No 

environmental impact assessment has 

been prepared. 

Regulatory Flexibility Act. The 

Administrator has determined that this 

rule is exempt from the requirements of 

the Regulatory Flexibility Act because 

the National Flood Insurance Act of 

1968, as amended, 42 U.S.C. 4022, 

prohibits flood insurance coverage 

unless an appropriate public body 

adopts adequate floodplain management 

measures with effective enforcement 

measures. The communities listed no 

longer comply with the statutory 

requirements, and after the effective 

date, flood insurance will no longer be 

available in the communities unless 

remedial action takes place. 

Regulatory Classification. This final 

rule is not a significant regulatory action 

under the criteria of section 3(f) of 

Executive Order 12866 of September 30, 


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