Federal Register / Vol. 70, No. 228 / Tuesday, November 29, 2005 / Rules and Regulations 71401 

[FR Doc. 05–23401 Filed 11–28–05; 8:45 am] 

BILLING CODE 4310–05–P 

DEPARTMENT OF THE TREASURY 

Fiscal Service 

31 CFR Part 356 

Sale and Issue of Marketable BookEntry Bills, Notes, and Bonds; 

Correction 

AGENCY: Bureau of the Public Debt, 

Fiscal Service, Treasury. 

ACTION: Final rule; correction. 

SUMMARY: The Bureau of the Public Debt 

published a final rule in the September 

30, 2005, Federal Register, amending 

the Sale and Issue of Marketable BookEntry Treasury Bills, Notes, and Bonds 

to permit Treasury bills, notes, and 

bonds to be held in the TreasuryDirect 

system. Several paragraphs were 

inadvertently omitted. This correction 

document corrects that omission. 

DATES: Effective November 29, 2005. 

ADDRESSES: You can download this 

correction at the following Internet 

address: http:// 

www.publicdebt.treas.gov. 

FOR FURTHER INFORMATION CONTACT: 

Chuck Andreatta, Associate Director, 

Government Securities Regulations 

Staff, Bureau of the Public Debt, at (202) 

504–3632 or govsecreg@bpd.treas.gov. 

Susan Klimas, Attorney-Adviser, 

Dean Adams, Assistant Chief Counsel, 

or Edward Gronseth, Deputy Chief 

Counsel, Office of the Chief Counsel, 

Bureau of the Public Debt, at (304) 480– 

8692 or susan.klimas@bpd.treas.gov. 

SUPPLEMENTARY INFORMATION: The 

Bureau of the Public Debt published in 

the September 30, 2005, Federal 

Register (70 FR 57437), a final rule that 

amended 31 CFR part 356, the Sale and 

Issue of Marketable Book-Entry Treasury 

Bills, Notes, and Bonds, to permit 

investors to hold Treasury bills, notes, 

and bonds in the TreasuryDirect system. 

In section 356.17, several alreadyexisting paragraphs were inadvertently 

deleted. This document corrects the 

deletion. 

List of Subjects in 31 CFR Part 356 

Bonds, Federal Reserve System, 

Government securities, Securities. 

■ Accordingly, 31 CFR part 356 is 

corrected by making the following 

correcting amendments: 

PART 356—SALE AND ISSUE OF 

MARKETABLE BOOK-ENTRY 

TREASURY BILLS, NOTES, AND 

BONDS (DEPARTMENT OF THE 

TREASURY CIRCULAR, PUBLIC DEBT 

SERIES NO. 1–93) 

■ 1. The authority citation for part 356 

continues to read as follows: 

Authority: 5 U.S.C. 301; 31 U.S.C. 3102 et 

seq.; 12 U.S.C. 391. 

■ 2. In § 356.17, add paragraphs (d)(1) 

and (d)(2), to read as follows: 

§ 356.17 How and when do I pay for 

securities awarded in an auction? 

* * * * * 

(d) * * * 

(1) A submitter that does not have a 

funds account at a Federal Reserve Bank 

or that chooses not to pay by charge to 

its own funds account must have an 

approved autocharge agreement on file 

with us before submitting any bids. Any 

depository institution whose funds 

account will be charged under an 

autocharge agreement will receive 

advance notice from us of the total par 

amount of, and price to be charged for, 

securities awarded as a result of the 

submitter’s bids. 

(2) A submitter that is a member of a 

clearing corporation may instruct that 

delivery and payment be made through 

the clearing corporation for securities 

awarded to the submitter for its own 

account. To do this, the following 

requirements must be met prior to 

submitting any bids: 

(i) We must have acknowledged and 

have on file an autocharge agreement 

between the clearing corporation and a 

depository institution. By entering into 

such an agreement, the clearing 

corporation authorizes us to provide 

aggregate par and price information to 

the depository institution whose funds 

account will be charged under the 

agreement. The clearing corporation is 

responsible for remitting payment for 

auction awards of the clearing 

corporation member. 

(ii) We must have acknowledged and 

have on file a delivery and payment 

agreement between the submitter and 

the clearing corporation. By entering 

into such an agreement, the submitter 

authorizes us to provide award and 

payment information to the clearing 

corporation. 

Dated: November 21, 2005. 

Van Zeck, 

Commissioner of the Public Debt. 

[FR Doc. 05–23333 Filed 11–28–05; 8:45 am] 

BILLING CODE 4810–39–M 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 721 

[OPPT–2004–0111; FRL–7740–7] 

RIN 2070–AJ12 

2-ethoxyethanol, 2-ethoxyethanol 

acetate, 2-methoxyethanol, and 2-

methoxyethanol acetate; Significant 

New Use Rule 

AGENCY: Environmental Protection 


Agency (EPA). 


ACTION: Final rule. 


SUMMARY: EPA is issuing a significant 

new use rule (SNUR) under section 

5(a)(2) of the Toxic Substances Control 

Act (TSCA) which requires persons to 

notify EPA at least 90 days before 

commencing the manufacture, import, 

or processing of 2-ethoxyethanol (CAS 

No. 110–80–5) (2-EE), 2-ethoxyethanol 

acetate (CAS No. 111–15–9) (2-EEA), 2-

methoxyethanol (CAS No. 109–86–4) (2-

ME), or 2-methoxyethanol acetate (CAS 

No. 110–49–6) (2-MEA) for domestic use 

in a consumer product or the 

manufacture or import of 2-MEA at 

levels greater than 10,000 pounds per 

year. This action finalizes the SNUR 

proposed in the Federal Register of 

March 1, 2005 (70 FR 9902) (FRL–7692– 

8). EPA believes this action is necessary 

because these chemicals may be 

hazardous to human health and their 

use in a consumer product may result in 

human exposure. The required notice 

will provide EPA with the opportunity 

to evaluate intended new uses and 

associated activities, and if necessary, 

prohibit or limit those uses and 

activities before they occur. 

DATES: This final rule is effective on 

December 29, 2005. 

ADDRESSES: EPA has established a 

docket for this action under docket 

identification (ID) number OPPT–2004– 

0111. All documents in the docket are 

listed in the EDOCKET index at http:// 

www.epa.gov/edocket. Although listed 

in the index, some information is not 

publicly available, i.e., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will not be placed on the Internet and 

will be publicly available only in hard 

copy form. Publicly available docket 

materials are available either 

electronically in EDOCKET or in hard 

copy at the OPPT Docket, EPA Docket 

Center, EPA West, Room B102, 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 legal 

71402 Federal Register / Vol. 70, No. 228 / Tuesday, November 29, 2005 / Rules and Regulations 

holidays. The EPA Docket Center 

Reading Room telephone number is 

(202) 566–1744 and the telephone 

number for the OPPT Docket, which is 

located in the EPA Docket Center, is 

(202) 566–0280. 

FOR FURTHER INFORMATION CONTACT: For 

general information contact: Colby 

Lintner, Regulatory Coordinator, 

Environmental Assistance Division 

(7408M), Office of Pollution Prevention 

and Toxics, Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460–0001; telephone 

number: (202) 554–1404; e-mail address: 

TSCA-Hotline@epa.gov. 

For technical information contact: 

Amy Breedlove, 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– 

9823; e-mail address: 

breedlove.amy@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does This Action Apply to Me? 

You may be potentially affected by 

this action if you manufacture, import, 

or process 2-EE (CAS No. 110–80–5), 2-

EEA (CAS No. 111–15–9), 2-ME (CAS 

No. 109–86–4), or 2-MEA (CAS No. 

110–49–6) for use in consumer products 

or manufacture or import 2-MEA (CAS 

No. 110–49–6) at levels greater than 

10,000 pounds per year. 

Persons who intend to import any 

chemical substance governed by a final 

SNUR are subject to the TSCA section 

13 (15 U.S.C. 2612) import certification 

requirements, and to the regulations 

codified at 19 CFR 12.118 through 

12.127 and 127.28. Those persons must 

certify that they are in 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 a chemical substance 

that is the subject of this rule are subject 

to the export notification provisions of 

TSCA section 12(b) (15 U.S.C. 2611(b)) 

(see 40 CFR 721.20), and must comply 

with the export notification 

requirements in 40 CFR part 707, 

subpart D. Potentially affected entities 

may include, but are not limited to: 

• Manufacturers (defined by statute to 

include importers) and processors of 2-

EE, 2-EEA, 2-ME, and 2-MEA (NAICS 

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 

40 CFR 721.5 for SNUR 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. 

B. How Can I Access Electronic Copies 

of This Document and Other Related 

Information? 

In addition to using EDOCKET (http:// 

www.epa.gov/edocket), you may access 

this Federal Register document 

electronically through the EPA Internet 

under the ‘‘Federal Register’’ listings at 

http://www.epa.gov/fedrgstr/. A 

frequently updated electronic version of 

40 CFR part 721 is available on E-CFR 

Beta Site Two at http:// 

www.gpoaccess.gov/ecfr/. 

II. Background 

A. What Action Is the Agency Taking? 

EPA is designating the manufacture, 

import, or processing of 2-EE (CAS No. 

110–80–5), 2-EEA (CAS No. 111–15–9), 

2-ME (CAS No. 109–86–4), and 2-MEA 

(CAS No. 110–49–6) for domestic use in 

consumer products as a significant new 

use, as well as the manufacture or 

import of 2-MEA (CAS No. 110–49–6) at 

levels greater than 10,000 pounds per 

year. ‘‘Consumer product’’ is defined at 

40 CFR 721.3 as ‘‘a chemical substance 

that is directly, or as part of a mixture, 

sold or made available to consumers for 

their use in or around a permanent or 

temporary household or residence, in or 

around a school, or in recreation.’’ This 

rule requires persons intending to 

manufacture or import 2-MEA at levels 

greater than 10,000 pounds per year as 

well as those intending to manufacture, 

import, or process 2-EE, 2-EEA, 2-ME, or 

2-MEA for domestic use in a consumer 

product to submit a Significant New Use 

Notice (SNUN) to EPA at least 90 days 

before such activity. 

B. What Is the Agency’s Authority for 

Taking This Action? 

Section 5(a)(2) of TSCA (15 U.S.C. 

2604(a)(2)) authorizes EPA to determine 

that a use of a chemical substance is a 

‘‘significant new use.’’ EPA must make 

this determination by rule after 

considering all relevant factors, 

including those listed in TSCA section 

5(a)(2). Once EPA determines that a use 

of a chemical substance is a significant 

new use, and promulgates a SNUR, 

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

persons to submit a SNUN to EPA at 

least 90 days before commencement of 

manufacture, import, or processing of 

the chemical substance for that use. 

C. Applicability of General Provisions 

General regulatory provisions for 

SNURs appear under subpart A of 40 

CFR part 721. These provisions describe 

persons subject to the rule, 

recordkeeping requirements, and 

exemptions to reporting requirements. 

Provisions relating to user fees appear at 

40 CFR part 700. Persons subject to the 

rule are required to comply with the 

same notice requirements and EPA 

regulatory procedures as submitters of 

premanufacture notices (PMNs) under 

section 5(a)(1)(A) of TSCA. 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), (2), (3), and (5), and the 

regulations at 40 CFR part 720. Receipt 

of a SNUN by EPA may trigger 

regulatory action under TSCA sections 

5(e), 5(f), 6, or 7, if appropriate, to 

control the activities on 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. 

Persons who intend to export a 

substance identified in a proposed or 

final SNUR are subject to the export 

notification provisions of TSCA section 

12(b). The regulations that interpret 

TSCA section 12(b) appear at 40 CFR 

part 707, subpart D. Persons who intend 

to import a chemical substance 

identified in a final SNUR are subject to 

the TSCA section 13 import certification 

requirements, which are codified at 19 

CFR 12.118 through 12.127 and 127.28. 

Such persons must certify that they are 

in compliance with TSCA requirements. 

The EPA policy relating to import 

certification appears at 40 CFR part 707, 

subpart B. 

III. Summary of and Response to 

Comments 

A. Final Rule 

In the Federal Register of March 1, 

2005 (70 FR 9902), EPA proposed a 

SNUR for 2-ethoxyethanol, 2-

ethoxyethanol acetate, 2-

methoxyethanol, or 2-methoxyethanol 

acetate where the significant new uses 

were for domestic use in a consumer 

product or the manufacture or import of 

2-methoxyethanol at levels greater than 

Federal Register / Vol. 70, No. 228 / Tuesday, November 29, 2005 / Rules and Regulations 71403 

10,000 pounds per year. The Agency 

reviewed and considered the six 

comments received by the end of the 

comment period (May 2, 2005) for the 

March 1, 2005 proposed rule. A 

discussion of the comments and the 

Agency’s response follow in Unit III.B. 

None of the comments received 

identified any ongoing uses of these four 

chemicals in domestic consumer 

products nor any production of 2-

methoxyethanol acetate. In addition, no 

new data were submitted or identified 

that would change EPA’s findings 

regarding the SNUR for these four 

chemicals. Therefore, EPA is issuing the 

SNUR as proposed. This final rule 

requires persons to notify EPA at least 

90 days before commencing the 

manufacture, import, or processing of 2-

EE (CAS No. 110–80–5), 2-EEA (CAS 

No. 111–15–9), 2-ME (CAS No. 109–86– 

4), or 2-MEA (CAS No. 110–49–6) for 

domestic use in a consumer product or 

the manufacture or import of 2-MEA at 

levels greater than 10,000 pounds per 

year. A complete copy of all comments 

received is available in the public 

docket for this action. 

B. Response to Comments 

EPA received six comments, two from 

an individual and one each from the 

American Chemistry Council (ACC), on 

behalf of the Ethylene and Propylene 

Glycol Ethers Panel; the Lyondell 

Chemical Company (Lyondell); the 

National Paint and Coatings Association 

(NPCA); and The Dow Chemical 

Company (Dow). The one individual 

submitted two separate sets of 

comments. The first set was a general 

statement that the author did not think 

any new uses should be allowed or that 

the product should be for sale or use in 

the United States. The second set of 

comments pointed out the several 

statements in the SNUR that led the 

author to be concerned that these 

chemicals are sold or used at all. 

Neither set of comments recommended 

any specific changes to the SNUR. 

Comment: ACC and Lyondell 

expressed support for the SNUR. Both 

also requested that the Agency clarify 

whether or not products containing 1% 

or less of the substances listed in the 

rule are subject to the TSCA section 

12(b) export notification requirements of 

40 CFR part 707, subpart D. The NPCA 

pointed out that solvent substitutes may 

still contain trace amounts of the four 

chemicals listed in the SNUR which 

would trigger TSCA section 12(b) 

requirements. They also referred to EPA 

amending the final TSCA section 6 

rulemaking for 40 CFR 749.68 

(hexavalent chromium-based water 

treatment chemicals in cooling systems) 

to exclude those hexavalent chromium 

compounds that could not be used in 

the prohibited application from section 

12(b) export notification requirements 

(59 FR 42769, August 19, 1994). 

EPA response: If an exporter is aware 

of the presence of a chemical subject to 

this SNUR, at any level in the products 

to be exported, then pursuant to TSCA 

section 12(b), the exporter must notify 

EPA of the export regardless of whether 

the substance is being exported for the 

use regulated by the SNUR. See 

Chemical Imports and Exports; 

Notification of Export, final rule (45 FR 

82844, at 82845; December 16, 1980). 

Thirty days after publication in the 

Federal Register of a proposed SNUR, 

the export or intended export of a 

chemical subject to a SNUR requires 

export notification under TSCA section 

12(b), regardless of the amount of the 

substance in a product, or its use or 

intended use. In the August 1994 

hexavalent chromium rule-related 

action noted by NPCA, EPA amended 40 

CFR 749.68 to clarify that only 

hexavalent chromium chemicals that 

can be used for water treatment were the 

subjects of the underlying TSCA section 

6 regulation, not other hexavalent 

chromium chemicals. That amendment 

had the parallel effect of limiting the 

scope of TSCA section 12(b) export 

notifications that were required for 

those hexavalent chromium chemicals 

that could be used to treat water. 

Comment: ACC and Lyondell also 

noted that two of the SNUR references 

referred generally to glycol ethers and 

that all glycol ethers were not subject to 

the SNUR. 

EPA response: EPA agrees and notes 

that the SNUR refers only to the 

chemicals by their names, not the 

general term glycol ethers. 

Comment: The Dow Chemical 

Company requested the Agency clarify 

that the proposed rule does not apply 

when the subject substances appear as 

impurities in consumer products 

consisting primarily of other chemical 

substances. NPCA stated that EPA 

should limit the scope of the 

recordkeeping and reporting 

requirements to exempt products with 

only trace or de minimus amounts of 

these chemicals. 

EPA response: EPA does not intend 

for the SNUR reporting and 

recordkeeping requirements to apply to 

persons that manufacture, import, or 

process the subject substances only as 

an impurity. 

IV. Significant New Use Determination 

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

EPA construes the statute to allow 

consideration of any other relevant 

factors, in addition to those enumerated 

in section 5(a)(2)(A) through (D) of 

TSCA. 

To determine what would constitute a 

significant new use of 2-EE, 2-EEA, 2-

ME, and 2-MEA, EPA considered 

relevant information about the toxicity 

of the substances, likely exposures/ 

releases associated with possible uses, 

and the four factors listed in section 

5(a)(2) of TSCA. 

The latest information available to 

EPA indicates that there is no ongoing 

domestic use of 2-EE, 2-EEA, 2-ME, or 

2-MEA in consumer products. EPA 

believes that the renewed use of 2-EE, 

2-EEA, 2-ME, or 2-MEA in a consumer 

product would increase the magnitude 

and duration of exposure. Considering 

the health concerns for 2-EE, 2-EEA, 2-

ME, and 2-MEA, EPA believes that 

individuals could suffer adverse effects 

from their use in consumer products. 

Thus, EPA is designating ‘‘domestic use 

in a consumer product,’’ as well as the 

manufacture or import of 2-MEA at 

levels greater than 10,000 pounds per 

year, as a significant new use of 2-EE, 

2-EEA, 2-ME, and 2-MEA. 

Based on these considerations, EPA is 

pursuing the following objectives with 

regard to the use of 2-EE, 2-EEA, 2-ME, 

and 2-MEA in consumer products: 

• EPA wants to ensure that it would 

receive notice of any person’s intent to 

manufacture or import 2-MEA at levels 

greater than 10,000 pounds per year or 

intending to manufacture, import, or 

process 2-EE, 2-EEA, 2-ME, and 2-MEA 

for domestic use in a consumer product 

before that activity begins. 

• EPA wants to ensure that it would 

have the opportunity to review and 

evaluate data submitted in a SNUN 

before the notice submitter begins 

manufacturing, importing, or processing 

2-EE, 2-EEA, 2-ME, and 2-MEA for 

domestic use in a consumer product or 

manufacturing or importing 2-MEA at 

71404 Federal Register / Vol. 70, No. 228 / Tuesday, November 29, 2005 / Rules and Regulations 

levels greater than 10,000 pounds per 

year. 

• EPA wants to ensure that it would 

be able to regulate prospective 

manufacturers, importers, or processors 

of 2-EE, 2-EEA, 2-ME, and 2-MEA before 

use of any of these chemicals in a 

consumer product occurs as well as 

prospective manufacturers or imports of 

2-MEA before manufacture or import of 

the substance at levels greater than 

10,000 pounds per year occurs, 

provided that the degree of potential 

risk is sufficient to warrant such 

regulation. 

As noted in Unit III.B. of the proposed 

SNUR (70 FR 9902, March 1, 2005), the 

production of the chemicals included in 

this SNUR have declined significantly 

over time. EPA is not aware of current 

domestic consumer uses for the 

chemicals, and substitutes are available. 

The Agency will use information 

submitted pursuant to the Inventory 

Update Rule (40 CFR part 710) to track 

the production volumes and uses of 

these chemicals. If needed, EPA may 

pursue additional regulatory actions as 

appropriate under TSCA sections 4, 5, 6, 

or 8. 

V. Test Data and Other Information 

EPA recognizes that section 5 of 

TSCA does not require the development 

of any particular test data before 

submission of a SNUN. 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 (15 U.S.C. 

2604(d); 40 CFR 721.25). 

However, SNUN submitters should be 

aware that EPA will be better able to 

evaluate SNUNs which provide detailed 

information on: 

• Human exposure and 

environmental releases 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 relative to risks 

posed by potential substitutes. 

Submitters should consider including 

with a SNUN any other available studies 

on the chemical substances or studies 

on analogous substances which may 

demonstrate that the significant new 

uses being reported are unlikely to 

present an unreasonable risk. 

In view of the potential risks posed by 

these chemicals, EPA would 

recommend that potential SNUN 

submitters include data that would 

permit a reasoned evaluation of risks 

posed by these chemicals. EPA 

encourages persons to consult with the 

Agency before submitting a SNUN for 

these substances. As part of this 

optional pre-notice consultation, EPA 

would discuss specific data it believes 

are necessary to evaluate a significant 

new use. A SNUN submitted without 

sufficient data to reasonably evaluate 

risks posed by a significant new use of 

2-EE, 2-EEA, 2-ME, and/or 2-MEA may 

increase the likelihood that EPA will 

take action under TSCA section 5(e) to 

prohibit or limit activities associated 

with these chemicals. EPA recommends 

that potential SNUN submitters contact 

the Agency early enough that they will 

be able to conduct any appropriate tests. 

VI. SNUN Submissions 

SNUNs should be mailed to the 

Environmental Protection Agency, 

OPPT Document Control Office 

(7407M), 1200 Pennsylvania Ave., NW., 

Washington, DC 20460–0001. 

Information must be submitted in the 

form and manner set forth in EPA Form 

No. 7710–25. This form is available 

from the Environmental Assistance 

Division (7408M), OPPT, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460–0001 

(see 40 CFR 721.25(a) and 

720.40(a)(2)(i)). 

VII. 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 

believes 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 proposal 

rather than as of the effective date of the 

final rule. If uses begun after publication 

of the proposed SNUR 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. 

Any person who began manufacture, 

import, or processing of 2-EE, 2-EEA, 2-

ME, or 2-MEA for the significant new 

use listed in the proposed SNUR 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 

any of these chemical substances 

between the date of publication of the 

proposed SNUR and the effective date of 

this final SNUR meet the conditions of 

advance compliance as codified at 40 

CFR 721.45(h), those persons would be 

considered to have met the final SNUR 

requirements for those activities. 

VIII. Economic Analysis 

EPA evaluated the potential costs of 

establishing SNUR reporting 

requirements for potential 

manufacturers, importers, and 

processors of the chemical substances 

included in this rule. While there is no 

precise way to calculate the total annual 

cost of compliance with the final rule, 

given the uncertainties related to 

predicting the number of SNUN’s that 

would be submitted as a result of this 

SNUR, EPA estimates that the cost for 

preparing and submitting a SNUN is 

$7,174, including a $2,500 user fee 

required by 40 CFR part 

700.45(b)(2)(iii). Small businesses with 

annual sales of less than $40 million 

when combined with those of the parent 

company (if any) are subject to a 

reduced user fee of $100 (40 CFR part 

700.45(b)(1)). Based on past experience 

with SNURs and the low number of 

SNUNs which are submitted on an 

annual basis, EPA believes that there 

will be few, if any, SNUNs submitted as 

a result of this SNUR. The costs of 

submission of SNUNs will not be 

incurred by any company unless a 

company decides to pursue a significant 

new use as defined in this SNUR. 

Furthermore, while the expense of a 

notice and the uncertainty of possible 

EPA regulation may discourage certain 

innovations, that impact would be 

limited because such factors are 

unlikely to discourage an innovation 

that has high potential value. EPA’s 

complete economic analysis is available 

in the public docket for this rule. 

Under section 12(b) of TSCA, among 

other requirements, exporters must 

notify EPA if they export or intend to 

export a chemical substance or mixture 

for which a rule has been proposed or 

promulgated under TSCA section 5, 

such as this SNUR. Notice must be 

provided for the first export or intended 

export to a particular country in a 

calendar year. In an economic analysis 

of an amendment to the rules 

implementing TSCA section 12(b), EPA 

estimated that the one-time cost of 

preparing and submitting an export 

notification was $62.60 in 1992, or 

$93.02 when inflated to 2003 dollars by 

a factor of approximately 1.5, from the 

Employment Cost Index for White 

Collar Occupations. The total costs of 

export notification will vary per 

chemical, depending on the number of 

required notifications (i.e., number of 

countries to which the chemical is 

exported). EPA is unable to make any 

Federal Register / Vol. 70, No. 228 / Tuesday, November 29, 2005 / Rules and Regulations 71405 

estimate of the likely number of export 

notifications for chemicals covered in 

this SNUR. 

IX. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review 

Under Executive Order 12866, 

entitled Regulatory Planning and 

Review (58 FR 51735, October 4, 1993), 

the Office of Management and Budget 

(OMB) has determined that proposed or 

final SNURs are not a ‘‘significant 

regulatory action’’ subject to review by 

OMB, because they do not meet the 

criteria in section 3(f) of the Executive 

Order. 

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 the 

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 the PRA under OMB control 

number 2070–0038 (EPA ICR No. 1188). 

This action would 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 105 hours per 

submission. 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 

would not have a significant adverse 

economic impact on a substantial 

number of small entities. The rationale 

supporting this conclusion is as follows. 

A SNUR 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.’’ By definition of the word 

‘‘new,’’ and based on all information 

currently available to EPA, it appears 

that no small or large entities presently 

engage in such activity. Since a SNUR 

only requires that any person who 

intends to engage in such activity in the 

future must first notify EPA by 

submitting a SNUN, no economic 

impact would even occur until someone 

decides to engage in those activities. 

Although some small entities may 

decide to conduct such activities 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 1,000 SNURs, the Agency receives 

on average only 10 notices per year. Of 

those SNUNs submitted, none appear to 

be from small entities in response to any 

SNUR. In addition, the estimated 

reporting cost for submission of a SNUN 

(see Unit X. of the proposed SNUR (70 

FR 9902, March 1, 2005), is minimal 

regardless of the size of the firm. 

Therefore, EPA believes that the 

potential economic impact of complying 

with this SNUR is not expected to be 

significant or adversely impact a 

substantial number of small entities. In 

a SNUR that published on June 2, 1997 

(62 FR 29684) (FRL–5597–1), the 

Agency presented its general 

determination that proposed and 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 would be impacted by this 

rulemaking. As such, EPA has 

determined that this regulatory action 

would 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: Federalism 

This action does 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: Consultation 

and Coordination with Indian Tribal 

Governments 

This rule does not have Tribal 

implications because it is not expected 

to have substantial direct effects on 

Indian Tribes. This rule does not 

significantly or 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 6, 2000), do not apply 

to this rule. 

G. Executive Order 13045: Protection of 

Children from Environmental Health 

Risks and Safety Risks 

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: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This rule 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. 

I. National Technology Transfer 

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. 

71406 Federal Register / Vol. 70, No. 228 / Tuesday, November 29, 2005 / Rules and Regulations 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

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). 

K. Executive Order 12988: Civil Justice 

Reform 

In issuing this rule, EPA has taken the 

necessary steps to eliminate drafting 

errors and ambiguity, minimize 

potential litigation, and provide a clear 

legal standard for affected conduct, as 

required by section 3 of Executive Order 

12988, entitled Civil Justice Reform (61 

FR 4729, February 7, 1996). 

X. 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 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: November 17, 2005. 

Charles M. Auer, 

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. By adding new § 721.10001 to 

subpart E to read as follows: 

§ 721.10001 2-Ethoxyethanol, 2-

ethoxyethanol acetate, 2-methoxyethanol, 

and 2-methoxyethanol acetate. 

(a) Chemical substances and 

significant new uses subject to reporting. 

(1) The chemical substances identified 

as 2-ethoxyethanol (CAS No. 110–80–5), 

2-ethoxyethanol acetate (CAS No. 111– 

15–9), 2-methoxyethanol (CAS No. 109– 

86–4), and 2-methoxyethanol acetate 

(CAS No. 110–49–6) are subject to 

reporting under this section for the 

significant new use described in 

paragraph (a)(2) of this section. 

(2) The significant new use is 

domestic use in a consumer product or 

the manufacture or import of 2-

methoxyethanol acetate at levels greater 

than 10,000 pounds per year. 

(b) Specific requirements. The 

provisions of subpart A of this part 

apply to this section except as modified 

by this paragraph. 

(1) Recordkeeping. Recordkeeping 

requirements as specified in § 721.125 

(a), (b), and (c) apply to the significant 

new use specified in § 721.10001. In 

addition, records documenting 

compliance with the significant new use 

of domestic use in a consumer product 

or the manufacture or import of 2-

methoxyethanol acetate at levels greater 

than 10,000 pounds per year must be 

maintained. 

(2) [Reserved] 

[FR Doc. 05–23421 Filed 11–28–05; 8:45 am] 

BILLING CODE 6560–50–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Parts 222 and 223 

[Docket No. 050922245–5307–03; I.D. 

092005A, 100505D] 

RIN 0648–AT89 

Sea Turtle Conservation; Shrimp 

Trawling Requirements 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule. 

SUMMARY: NMFS issues this 30–day 

temporary rule to allow shrimp 

fishermen to continue to use limited 

tow times as an alternative to Turtle 

Excluder Devices (TEDs) in inshore and 

offshore waters from the Florida/ 

Alabama border, westward to the 

boundary shared by Matagorda and 

Brazoria Counties, Texas, and extending 

offshore 20 nautical miles. The previous 

30–day variances of the TED 

requirements were from September 23 

through October 23, 2005; October 11 

through November 10, 2005; and from 

October 22 through November 23, 2005, 

for waters affected by Hurricanes 

Katrina and Rita. These variances were 

for 50 nautical miles offshore. After an 

investigation, NMFS has determined 

that excessive debris is still affecting 

fishermen’s ability to use TEDs 

effectively; however, the debris field has 

decreased to approximately 20 nautical 

miles offshore. This action is necessary 

because environmental conditions 

resulting from Hurricanes Katrina and 

Rita persist on the fishing grounds, 

preventing some fishermen from using 

TEDs effectively. 

DATES: Effective from November 23, 

2005, through 11:59 p.m, local time, 

December 23, 2005. 

ADDRESSES: Requests for copies of the 

Environmental Assessment on this 

action should be addressed to the Chief, 

Marine Mammal Division, Office of 

Protected Resources, NMFS, 1315 EastWest Highway, Silver Spring, MD 

20910. 

FOR FURTHER INFORMATION CONTACT: 

Michael Barnette, 727–551–5794. 

SUPPLEMENTARY INFORMATION: 

Background 

All sea turtles that occur in U.S. 

waters are listed as either endangered or 

threatened under the Endangered 

Species Act of 1973 (ESA). The Kemp’s 

ridley (Lepidochelys kempii), 

leatherback (Dermochelys coriacea), and 

hawksbill (Eretmochelys imbricata) 

turtles are listed as endangered. The 

loggerhead (Caretta caretta) and green 

(Chelonia mydas) turtles are listed as 

threatened, except for breeding 

populations of green turtles in Florida 

and on the Pacific coast of Mexico, 

which are listed as endangered. 

Sea turtles are incidentally taken, and 

some are killed, as a result of numerous 

activities, including fishery-related 

trawling activities in the Gulf of Mexico 

and along the Atlantic seaboard. Under 

the ESA and its implementing 

regulations, the taking of sea turtles is 

prohibited, with exceptions identified 

in 50 CFR 223.206(d), or according to 

the terms and conditions of a biological 

opinion issued under section 7 of the 

ESA, or according to an incidental take 

permit issued under section 10 of the 

ESA. The incidental taking of turtles 

during shrimp or summer flounder 

trawling is exempted from the taking 

prohibition of section 9 of the ESA if the 

conservation measures specified in the 

sea turtle conservation regulations (50 

CFR 223) are followed. The regulations