65382 Federal Register / Vol. 76, No. 204 / Friday, October 21, 2011 / Rules and Regulations 

an economically significant rule and 

does not create an environmental risk to 

health or risk to safety that may 

disproportionately affect children. 

Indian Tribal Governments 

This rule does not have Tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect 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. 

Energy Effects 

We have analyzed this rule under 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’ 

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded this action is one of a 

category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule is categorically 

excluded, under figure 2–1, paragraph 

(34)(g), of the Instruction. This rule 

involves establishing a temporary safety 

zone that will be enforced for a total of 

24 hours. An environmental analysis 

checklist and a categorical exclusion 

determination are available in the 

docket where indicated under 

ADDRESSES. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1231; 46 U.S.C. 

Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1. 

■ 2. Add a temporary § 165.T07–0861 to 

read as follows: 

§ 165.T07–0861 Safety Zone; 2011 Head of 

the South Regatta, Savannah River, 

Augusta, GA. 

(a) Regulated Area. The following 

regulated area is a safety zone. All 

waters of the Savannah River in 

Augusta, Georgia encompassed within 

an imaginary line connecting the 

following points: starting at Point 1 in 

position 33°29′39.64′′ N, 81°59′25.40′′ 

W; thence southeast to Point 2 in 

position 33°27′43.34′′ N, 81°55′30.90′′ 

W; thence southwest to Point 3 in 

position 33°27′35.80′′ N, 81°55′33.42′′ 

W; thence northwest to Point 4 in 

position 33°29′39.72′′ N, 81°59′30.48′′ 

W; thence east back to origin. All 

coordinates are North American Datum 

1983. 

(b) Definition. The term ‘‘designated 

representative’’ means Coast Guard 

Patrol Commanders, including Coast 

Guard coxswains, petty officers, and 

other officers operating Coast Guard 

vessels, and Federal, state, and local 

officers designated by or assisting the 

Captain of the Port Savannah in the 

enforcement of the regulated area. 

(c) Regulations. 

(1) All persons and vessels are 

prohibited from entering, transiting 

through, anchoring in, or remaining 

within the regulated area unless 

authorized by the Captain of the Port 

Savannah or a designated 

representative. 

(2) Persons and vessels desiring to 

enter, transit through, anchor in, or 

remain within the regulated area may 

contact the Captain of the Port 

Savannah by telephone at 912–652– 

4353, or a designated representative via 

VHF radio on channel 16, to request 

authorization. If authorization to enter, 

transit through, anchor in, or remain 

within the regulated area is granted by 

the Captain of the Port Savannah or a 

designated representative, all persons 

and vessels receiving such authorization 

must comply with the instructions of 

the Captain of the Port Savannah or a 

designated representative. 

(3) The Coast Guard will provide 

notice of the regulated area by Local 

Notice to Mariners, Broadcast Notice to 

Mariners, and on-scene designated 

representatives. 

(d) Effective Date and Enforcement 

Periods. This rule is effective from 6 

a.m. on November 11, 2011 through 6 

p.m. on November 12, 2011. This rule 

will be enforced daily from 6 a.m. until 

6 p.m. on November 11, 2011 and 

November 12, 2011. 

Dated: October 5, 2011. 

J. B. Loring, 

Commander, U.S. Coast Guard, Captain of 

the Port Savannah. 

[FR Doc. 2011–27259 Filed 10–20–11; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 80 

[EPA–HQ–OAR–2008–0558; FRL–9482–1] 

RIN 2060–AP17 

Regulation of Fuel and Fuel Additives: 

Alternative Test Method for Olefins in 

Gasoline 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is finalizing a rule to 

allow refiners and laboratories to use an 

alternative test method for olefin 

content in gasoline. This final rule will 

provide flexibility to the regulated 

community by allowing an additional 

test method for compliance 

measurement while maintaining 

environmental benefits achieved from 

our fuels programs. 


emcdonald on DSK5VPTVN1PROD with RULES
Federal Register / Vol. 76, No. 204 / Friday, October 21, 2011 / Rules and Regulations 65383 

1 76 FR 5319, January 31, 2011. 

DATES: This rule is effective November 

21, 2011 without further notice. The 

incorporation by reference listed in this 

rule was approved by the Director of the 

Federal Register as of November 21, 

2011. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–OAR–2008–0558. 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, 

e.g., CBI or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in http:// 

www.regulations.gov or in hard copy at 

the Air Docket, EPA Headquarters 

Library, Mail Code: 2822T, EPA West 

Building, 1301 Constitution Ave., NW., 

Washington, DC. The Public Reading 

Room is open from 8:30 a.m. to 4:30 

p.m., Monday through Friday, excluding 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1742, 

and the facsimile number for the Air 

Docket is (202) 566–9744. 

FOR FURTHER INFORMATION CONTACT: Joe 

Sopata, Chemist, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave., NW. (6406J), Washington, DC 

20460; telephone number: (202) 343– 

9034; fax number: (202) 343–2801; 

e-mail address: sopata.joe@epa.gov. 

SUPPLEMENTARY INFORMATION: The 

contents of today’s preamble are listed 

in the following outline. 

I. General Information 

A. Does this action apply to me? 

II. Rule Change 

A. Alternative Test Method for Olefins in 

Gasoline 

III. Statutory and Executive Order Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review 

B. Paperwork Reduction Act 

C. Regulatory Flexibility Act 

D. Unfunded Mandates Reform Act of 1995 

(UMRA) 

E. Executive Order 13123: Federalism 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

I. National Technology Transfer 

Advancement Act 

J. Executive Order 12898: Federal Actions 

To Address Environmental Justice and 

Minority Populations and Low-Income 

Populations 

K. Congressional Review Act 

IV. Statutory Provisions and Legal Authority 

I. General Information 

A. Does this action apply to me? 

Regulated categories and entities 

potentially affected by this final action 

include those involved with the 

production, importation, distribution, 

sale and storage of gasoline motor fuel. 

The table below is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

regulated by this proposed action. This 

table lists the types of entities that EPA 

is now aware could be potentially 

regulated by this proposed action. Other 

types of entities not listed in the table 

could also be regulated. To determine 

whether an entity is regulated by this 

proposed action, one should carefully 

examine the existing regulations in 40 

CFR part 80. If you have questions 

regarding the applicability of this action 

to a particular entity, consult the person 

listed in the preceding FOR FURTHER

INFORMATION CONTACT section. 

Category NAICSs codes a SIC codes b Examples of potentially regulated parties 

Industry .......................................................................... 324110 2911 Petroleum refiners. 

Industry .......................................................................... 54138 8734 Testing Laboratories. 

Industry .......................................................................... 422710, 422720 5171, 5172 Gasoline Marketers and Distributors. 

a North American Industry Classification System (NAICS). 

bStandard Industrial Classification (SIC) system code. 

II. Rule Change 

A. Alternative Test Method for Olefins 

in Gasoline 

Refiners, importers and oxygenate 

blenders producing gasoline are 

required to test Reformulated Gasoline 

(RFG), and conventional gasoline (CG) 

for several fuel parameters including 

olefins. The test method for determining 

olefin content is specified at 40 CFR 

80.46(b). 

On January 31, 2011, EPA proposed to 

allow ASTM D6550–05 (SFC) as an 

alternative to the designated test 

method, ASTM D1319–03 ε1 (FIA), for 

measuring olefin content of gasoline, 

provided the results are correlated to 

ASTM D1319–03 ε1 using a site-specific 

correlation of FIA (volume percent) 

versus SFC (weight percent). The 

Agency also proposed that correlation 

be completed on a site-specific basis.1

As discussed in the proposal, the 

gasoline fuel set used to develop the 

correlation should span the range of 

olefin properties representative of that 

refinery’s or importer’s gasoline 

production. We also explained this 

gasoline fuel set would be analyzed by 

the test facility’s laboratory using both 

ASTM D1319–03 ε1 (also known as FIA, 

or the designated test method) and 

ASTM D6550–05. A resulting 

correlation equation would then be 

developed in terms of ASTM D1319– 

03 ε1 in volume percent and ASTM 

D6550–05 in weight percent. Thus, the 

applicable range of the resulting 

correlation from a facility’s site specific 

correlation would be consistent with 

that specific facility’s olefin content 

range. 

In response to this proposed rule, EPA 

received five comments from the 

American Petroleum Institute (API), BP 

America Incorporated (BP), the National 

Petroleum and Refiners Association 

(NPRA), Western States Petroleum 

Association (WSPA), and Shell Oil 

Products U.S. (SOPUS). All comments 

were in support of the proposal. API, 

NPRA, SOPUS and WSPA also provided 

additional comments. These additional 

comments have been summarized and 

our responses to them are in the 

Response to Comments Document that 

has been placed in the docket for this 

rulemaking (Docket ID Number EPA– 

HQ–OAR–2008–0558). 

The EPA is finalizing a rule to allow 

ASTM D6550–05, as an alternative test 

method to measure the olefin content of 

gasoline, provided its test results are 

correlated to ASTM D1319–03 ε1 on a 

site specific basis. 

III. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review 

This final rule is not a ‘‘significant 

regulatory action’’ under the terms of 

Executive Order (EO) 12866 (58 FR 

51735, October 4, 1993) and is therefore 

not subject to review under the EO. 


emcdonald on DSK5VPTVN1PROD with RULES
65384 Federal Register / Vol. 76, No. 204 / Friday, October 21, 2011 / Rules and Regulations 

B. Paperwork Reduction Act 

This final rule does not impose any 

new information collection burden. 

However, the Office of Management and 

Budget (OMB), under the provisions of 

the Paperwork Reduction Act, 44 U.S.C. 

3501 et seq., has approved the 

information collection requirements 

contained in the final RFG and antidumping rulemaking and has assigned 

OMB control number 2060–0277. The 

OMB control numbers for EPA’s 

regulations in 40 CFR are listed in 40 

CFR part 9. 

C. Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

generally requires an agency to prepare 

a regulatory flexibility analysis of any 

rule subject to notice and comment 

rulemaking requirements under the 

Administrative Procedure Act or any 

other statute unless the agency certifies 

that the rule will not have a significant 

economic impact on a substantial 

number of small entities. Small entities 

include small businesses, small 

organizations, and small governmental 

jurisdictions. 

For purposes of assessing the impacts 

of today’s final rule on small entities, 

small entity is defined as: (1) A small 

business as defined by the Small 

Business Administrations’ regulations at 

13 CFR 121.201; (2) a small 

governmental jurisdiction that is a 

government of a city, county, town, 

school district or special district with a 

population of less than 50,000; and (3) 

a small organization that is any not-forprofit enterprise which is independently 

owned and operated and is not 

dominant in its field. 

After considering the economic 

impacts of today’s final rule on small 

entities, I certify that this action will not 

have a significant economic impact on 

a substantial number of small entities. 

In determining whether a rule has a 

significant economic impact on a 

substantial number of small entities, the 

impact of concern is any significant 

adverse economic impact on small 

entities, since the primary purpose of 

the regulatory flexibility analyses is to 

identify and address regulatory 

alternatives ‘‘which minimize any 

significant economic impact of the rule 

on small entities.’’ 5 U.S.C. 603 and 604. 

Thus an Agency may certify that a rule 

will not have a significant economic 

impact on a substantial number of small 

entities if the rule relieves regulatory 

burden, or otherwise has a positive 

economic effect on all of the small 

entities subject to the rule. 

This final rule does not impose a 

regulatory burden on anyone, including 

small businesses. Instead, this final rule 

will have a positive impact by the 

allowance of ASTM D 6550–05 which 

will provide additional flexibility to the 

regulated community, including small 

businesses, in meeting olefins in 

gasoline testing requirements. We have 

therefore concluded that today’s final 

rule will relieve regulatory burden for 

all effected small entities. 

D. Unfunded Mandates Reform Act of 

1995 (UMRA) 

Title II of the Unfunded Mandates 

Reform Act of 1995 (UMRA), 2 U.S.C. 

1531–1538, requires Federal agencies, 

unless otherwise prohibited by law, to 

assess the effects of their regulatory 

actions on State, local, and tribal 

governments and the private sector. 

Federal agencies must also develop a 

plan to provide notice to small 

governments to have meaningful and 

timely input in the development of EPA 

regulatory rules with significant Federal 

intergovernmental mandates and must 

inform, educate, and advise small 

governments on compliance with the 

regulatory requirements. 

This final rule 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 the private sector in 

any one year. The allowance of ASTM 

D 6550–05 will provide additional 

flexibility to the regulated community 

in meeting olefins in gasoline testing 

requirements. Thus, this rule is not 

subject to the requirements of sections 

202 and 205 of the UMRA. This action 

is also not subject to the requirements 

of section 203 of UMRA because it 

contains no regulatory requirements that 

might significantly or uniquely affect 

small governments. 

E. Executive Order 13132: Federalism 

Executive Order 13132, entitled 

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

1999), requires EPA to develop an 

accountable process to ensure 

‘‘meaningful and timely input by State 

and local officials in the development of 

regulatory policies that have federalism 

implications.’’ ‘‘Policies that have 

federalism implications’’ is defined in 

the Executive Order to include 

regulations that 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.’’ 

This final rule does not have 

federalism implications. It will 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 

Executive Order 13132. The allowance 

of ASTM D 6550–05 will provide 

additional flexibility to the regulated 

community in meeting olefins in 

gasoline testing requirements. Thus, 

Executive Order 13132 does not apply 

to this final rule. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have tribal 

implications, as specified in Executive 

Order 13175 (65 FR 67249, November 6, 

2000). This action applies to gasoline 

refiners, blenders and importers that 

supply gasoline. The allowance of 

ASTM D6500–05 will provide 

additional flexibility to the regulated 

community in meeting olefins in 

gasoline testing requirements. Thus, 

Executive Order 13175 does not apply 

to this action. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risk 

EPA interprets EO 13045 (62 FR 

19885, April 23, 1997) as applying only 

to those regulatory actions that concern 

health or safety risks, such that the 

analysis required under section 5–501 of 

the Executive Order has the potential to 

influence the regulation. This action is 

not subject to Executive Order 13045 

because it does not establish an 

environmental standard intended to 

mitigate health or safety risks. 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not subject to Executive 

Order 13211(66 FR 18355 (May 22, 

2001)) because it is not a significant 

regulatory action under Executive Order 

12866. 

I. National Technology Transfer 

Advancement Act 

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) directs EPA to use voluntary 

consensus standards in its regulatory 

activities unless to do so would be 

inconsistent with applicable law or 

otherwise impractical. Voluntary 

consensus standards are technical 

standards (e.g., materials specifications, 

test methods, sampling procedures, and 

business practices) that are developed or 

adopted by voluntary consensus 

standards bodies. The NTTAA directs 


emcdonald on DSK5VPTVN1PROD with RULES
Federal Register / Vol. 76, No. 204 / Friday, October 21, 2011 / Rules and Regulations 65385 

EPA to provide Congress, through OMB, 

explanations when the Agency decides 

not to use available and applicable 

voluntary consensus standards. 

This final rule involves a technical 

standard. EPA is adopting an ASTM 

standard as described in Unit II.A of the 

SUPPLEMENTARY INFORMATION section of 

this document. The technical standard 

included in today’s rule is a standard 

developed by ASTM, a voluntary 

consensus standards body, and thus 

raises no issues under the NTTAA. The 

ASTM standard in today’s action may 

be obtained from ASTM International at 

100 Barr Harbor Drive, PO Box C700, 

West Conshohocken, PA 19428–2959, 

610–832–9585 (phone), 610–832–9555 

(fax), or service@astm.org (e-mail); or 

through the ASTM Web site (http:// 

www.astm.org). 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice and Minority Populations and 

Low-Income Populations 

Executive Order (EO) 12898 (59 FR 

7629 (Feb. 16, 1994)) establishes federal 

executive policy on environmental 

justice. Its main provision directs 

federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. 

EPA has determined that this final 

rule will not have disproportionately 

high and adverse human health or 

environmental effects on minority or 

low-income populations because it does 

not affect the level of protection 

provided to human health or the 

environment. The allowance of ASTM 

D6500–05 will provide additional 

flexibility to the regulated community 

in meeting olefins in gasoline testing 

requirements. This final rule 

amendment does not relax control 

measures on sources regulated by the 

rule and therefore will not cause 

emission increases from these sources. 

K. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of 

Congress and to 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. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). This rule 

will be effective November 21, 2011. 

IV. Statutory Provisions and Legal 

Authority 

Statutory authority for today’s final 

rule comes from sections 211(c) and 

211(k) of the CAA (42 U.S.C. 7545(c) 

and (k)). Section 211(c) allows EPA to 

regulate fuels that contribute to air 

pollution which endangers public 

health or welfare, or which impairs 

emission control equipment. Section 

211(k) prescribes requirements for RFG 

and CG and requires EPA to promulgate 

regulations establishing these 

requirements. Additional support for 

the fuels controls in today’s final rule 

comes from sections 114(a) and 301(a) 

of the CAA. 

List of Subjects in 40 CFR Part 80 

Environmental protection, Air 

pollution control, Fuel additives, 

Gasoline, Diesel, Imports, Incorporation 

by reference, Motor vehicle pollution, 

Reporting and recordkeeping 

requirements. 

Dated: October 13, 2011. 

Lisa P. Jackson, 

Administrator. 

For the reasons set forth in the 

preamble, part 80 of title 40, chapter I 

of the Code of Federal Regulations is 

amended as follows: 

PART 80—REGULATION OF FUELS 

AND FUEL ADDITIVES 

■ 1. The authority citation for part 80 

continues to reads as follows: 

Authority: 42 U.S.C. 7414, 7521(l), 7545 

and 7601(a). 

Subpart D—[Amended] 

■ 2. Section 80.46 is amended by adding 

paragraphs (b)(2) and (h)(1)(iii) to read 

as follows: 

§ 80.46 Measurement of reformulated 

gasoline fuel parameters. 

* * * * * 

(b) * * * 

(2)(i) Any refiner or importer may 

determine olefin content using ASTM 

standard method ASTM D6550 

(incorporated by reference, see 

paragraph (h) of this section) for 

purposes of meeting any testing 

requirement involving olefin content; 

provided that 

(ii) The refiner or importer test result 

is correlated with the method specified 

in paragraph (b)(1) of this section on a 

site-specific basis, in order to achieve an 

unbiased prediction of the result in 

volume percent, for the method 

specified in paragraph (b)(1) of this 

section. 

* * * * * 

(h) * * * 

(1) * * * 

(iii) ASTM standard method D6550– 

05 (‘‘ASTM D6550’’), Standard Test 

Method for Determination of Olefin 

Content of Gasolines by SupercriticalFluid Chromatography, approved 

November 1, 2005. 

* * * * * 

[FR Doc. 2011–27219 Filed 10–20–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 799 

[EPA–HQ–OPPT–2009–0112; FRL–8885–5] 

RIN 2070–AJ86 

Testing of Certain High Production 

Volume Chemicals; Third Group of 

Chemicals 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is promulgating this final 

rule under section 4(a)(1)(B) of the 

Toxic Substances Control Act (TSCA) to 

require manufacturers, importers, and 

processors to conduct testing to obtain 

screening level data for health and 

environmental effects and chemical fate 

for 15 high production volume (HPV) 

chemical substances listed in this final 

rule. This test data is needed in order to 

help EPA to determine whether these 15 

HPV chemical substances pose a risk to 

human health and/or environmental 

safety. Based on comments received by 

EPA on the proposed rule for this final 

rule, EPA has determined that only 15 

of the 29 HPV chemical substances 

proposed for testing meet the criteria for 

testing at this time. 

DATES: This final rule is effective 

November 21, 2011. 

The incorporation by reference of 

certain publications listed in this final 

rule is approved by the Director of the 

Federal Register as of November 21, 

2011. 

For purposes of judicial review, this 

final rule shall be promulgated at 1 p.m. 

eastern daylight/standard time on 

November 7, 2011. 


emcdonald on DSK5VPTVN1PROD with RULES