38464 Federal Register / Vol. 79, No. 130 / Tuesday, July 8, 2014 / Rules and Regulations 

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 temporary § 165.T05–0522, to 

read as follows: 

§ 165.T05–0522 Safety Zone, Metedeconk 

River; Brick Township, NJ. 

(a) Location. The regulated area of this 

safety zone includes all the waters of the 

Metedeconk River within a 500 yard 

radius of the fireworks launch platform 

in approximate position latitude 

40°03′24′′ N, longitude 074°06′42′′ W, 

near the shoreline at Brick Township, 

NJ. 

(b) Enforcement period. This rule will 

be enforced from 8:30 p.m. to 10:00 p.m. 

on July 3, July 17, and August 14, 2014, 

unless cancelled earlier by the Captain 

of the Port once all operations are 

completed. 

(c) Regulations. All persons are 

required to comply with the general 

regulations governing safety zones in 33 

CFR 165.33. 

(1) All persons or vessels wishing to 

transit through the Safety Zone must 

request authorization to do so from the 

Captain of the Port or her designated 

representative one hour prior to the 

intended time of transit. 

(2) Vessels granted permission to 

transit must do so in accordance with 

the directions provided by the Captain 

of the Port or her designated 

representative to the vessel. 

(3) To seek permission to transit the 

Safety Zone, the Captain of the Port’s 

representative can be contacted via 

marine radio VHF Channel 16. 

(4) This section applies to all vessels 

wishing to transit through the Safety 

Zone except vessels that are engaged in 

the following operations: 

(i) Enforcing laws; 

(ii) Servicing aids to navigation, and 

(iii) Emergency response vessels. 

(5) No person or vessel may enter or 

remain in a safety zone without the 

permission of the Captain of the Port; 

(6) Each person and vessel in a safety 

zone shall obey any direction or order 

of the Captain of the Port; 

(7) No person may board, or take or 

place any article or thing on board, any 

vessel in a safety zone without the 

permission of the Captain of the Port; 

and 

(8) No person may take or place any 

article or thing upon any waterfront 

facility in a safety zone without the 

permission of the Captain of the Port. 

(d) Definitions. 

(1) The Captain of the Port means the 

Commander of Sector Delaware Bay or 

any Coast Guard commissioned, 

warrant, or petty officer who has been 

authorized by the Captain of the Port to 

act on her behalf. 

(e) Enforcement. The U.S. Coast 

Guard may be assisted in the patrol and 

enforcement of the Safety Zone by 

Federal, State, and local agencies. 

■ 3. At § 165.506, in the Table to 

§ 165.506, make the following 

amendments: 

■ a. Under section (a). Coast Guard 

Sector Delaware Bay—COTP Zone, 

suspend entry ‘‘9’’. 

■ b. Under, section (a). Coast Guard 

Sector Delaware Bay—COTP Zone, add 

entry ‘‘17’’, which will be enforced from 

8:30 p.m. until 10 p.m. on July 3, July 

17, and August 14, 2014, to read as 

follows: 

§ 165.506 Safety Zones; Fireworks 

Displays in the Fifth Coast Guard District. 

* * * * * 

TABLE TO § 165.506 

Number Date Location Regulated area 

(a) Coast Guard Sector Delaware Bay—COTP Zone 

*******

17 ..................... July 3rd, July 17th, August 

14th.

Metedeconk River, Brick 

Township, NJ, Safety Zone.

The waters of the Metedeconk River within a 500 yard radius of the fireworks launch platform in approximate position latitude 40°03′24′′ N, longitude 074°06′42′′ W, near 

the shoreline at Brick Township, NJ. 

*******

Dated: June 24, 2014. 

K. Moore, 

Captain, U.S. Coast Guard, Captain of the 

Port Delaware Bay. 

[FR Doc. 2014–15931 Filed 7–7–14; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 9 and 721 

[EPA–HQ–OPPT–2014–0277; FRL–9911–05] 

RIN 2070–AB27 

Significant New Use Rules on Certain 

Chemical Substances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is promulgating 

significant new use rules (SNURs) under 

the Toxic Substances Control Act 

(TSCA) for 13 chemical substances 

which were the subject of 

premanufacture notices (PMNs). Three 

of these chemical substances are subject 

to TSCA section 5(e) consent orders 

issued by EPA. This action requires 

persons who intend to manufacture or 

process any of these 13 chemical 

substances for an activity that is 

designated as a significant new use by 

this rule to notify EPA at least 90 days 

before commencing that activity. The 

required notification will provide EPA 

with the opportunity to evaluate the 

intended use and, if necessary, to 

prohibit or limit that activity before it 

occurs. 


ehiers on DSK2VPTVN1PROD with RULES
Federal Register / Vol. 79, No. 130 / Tuesday, July 8, 2014 / Rules and Regulations 38465 

DATES: This rule is effective on 

September 8, 2014. For purposes of 

judicial review, this rule shall be 

promulgated at 1 p.m. (e.s.t.) on July 22, 

2014. 

Written adverse or critical comments, 

or notice of intent to submit adverse or 

critical comments, on one or more of 

these SNURs must be received on or 

before August 7, 2014 (see Unit VI. of 

the SUPPLEMENTARY INFORMATION). If EPA 

receives written adverse or critical 

comments, or notice of intent to submit 

adverse or critical comments, on one or 

more of these SNURs before August 7, 

2014, EPA will withdraw the relevant 

sections of this direct final rule before 

its effective date. 

For additional information on related 

reporting requirement dates, see Units 

I.A., VI., and VII. of the SUPPLEMENTARY

INFORMATION. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPPT–2014–0277, by 

one of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Do not submit electronically any 

information you consider to be 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. 

• Mail: Document Control Office 

(7407M), Office of Pollution Prevention 

and Toxics (OPPT), Environmental 

Protection Agency, 1200 Pennsylvania 

Ave. NW., Washington, DC 20460–0001. 

• Hand Delivery: To make special 

arrangements for hand delivery or 

delivery of boxed information, please 

follow the instructions at http://

www.epa.gov/dockets/contacts.html. 

Additional instructions on commenting 

or visiting the docket, along with more 

information about dockets generally, is 

available at http://www.epa.gov/

dockets. 

FOR FURTHER INFORMATION CONTACT: 

For technical information contact: 

Kenneth Moss, Chemical Control 

Division (7405M), Office of Pollution 

Prevention and Toxics, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave. NW., Washington, DC 20460–0001; 

telephone number: (202) 564–9232; 

email address: moss.kenneth@epa.gov. 

For general information contact: The 

TSCA-Hotline, ABVI-Goodwill, 422 

South Clinton Ave., Rochester, NY 

14620; telephone number: (202) 554– 

1404; email address: TSCA-Hotline@

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, process, 

or use the chemical substances 

contained in this rule. The following list 

of North American Industrial 

Classification System (NAICS) codes is 

not intended to be exhaustive, but rather 

provides a guide to help readers 

determine whether this document 

applies to them. Potentially affected 

entities may include: 

• Manufacturers or processors of one 

or more subject chemical substances 

(NAICS codes 325 and 324110), e.g., 

chemical manufacturing and petroleum 

refineries. 

This action may also affect certain 

entities through pre-existing import 

certification and export notification 

rules under TSCA. Chemical importers 

are subject to the TSCA section 13 (15 

U.S.C. 2612) import certification 

requirements promulgated at 19 CFR 

12.118 through 12.127 and 19 CFR 

127.28. Chemical importers must certify 

that the shipment of the chemical 

substance complies with all applicable 

rules and orders under TSCA. Importers 

of chemicals subject to these SNURs 

must certify their compliance with the 

SNUR requirements. The EPA policy in 

support of import certification appears 

at 40 CFR part 707, subpart B. In 

addition, any persons who export or 

intend to export a chemical substance 

that is the subject of a proposed or final 

rule are subject to the export 

notification provisions of TSCA section 

12(b) (15 U.S.C. 2611(b)) (see § 721.20), 

and must comply with the export 

notification requirements in 40 CFR part 

707, subpart D. 

B. What should I consider as I prepare 

my comments for EPA? 

1. Submitting CBI. Do not submit this 

information to EPA through 

regulations.gov or email. Clearly mark 

the part or all of the information that 

you claim to be CBI. For CBI 

information in a disk or CD–ROM that 

you mail to EPA, mark the outside of the 

disk or CD–ROM as CBI and then 

identify electronically within the disk or 

CD–ROM the specific information that 

is claimed as CBI. In addition to one 

complete version of the comment that 

includes information claimed as CBI, a 

copy of the comment that does not 

contain the information claimed as CBI 

must be submitted for inclusion in the 

public docket. Information so marked 

will not be disclosed except in 

accordance with procedures set forth in 

40 CFR part 2. 

2. Tips for preparing your comments. 

When submitting comments, remember 

to: 

i. Identify the document by docket ID 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

ii. Follow directions. The Agency may 

ask you to respond to specific questions 

or organize comments by referencing a 

Code of Federal Regulations (CFR) part 

or section number. 

iii. Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

iv. Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

v. If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

vi. Provide specific examples to 

illustrate your concerns and suggest 

alternatives. 

vii. Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

viii. Make sure to submit your 

comments by the comment period 

deadline identified. 

II. Background 

A. What action is the Agency taking? 

EPA is promulgating these SNURs 

using direct final procedures. These 

SNURs will require persons to notify 

EPA at least 90 days before commencing 

the manufacture or processing of a 

chemical substance for any activity 

designated by these SNURs as a 

significant new use. Receipt of such 

notices allows EPA to assess risks that 

may be presented by the intended uses 

and, if appropriate, to regulate the 

proposed use before it occurs. 

Additional rationale and background to 

these rules are more fully set out in the 

preamble to EPA’s first direct final 

SNUR published in the Federal Register 

issue of April 24, 1990 (55 FR 17376). 

Consult that preamble for further 

information on the objectives, rationale, 

and procedures for SNURs and on the 

basis for significant new use 

designations, including provisions for 

developing test data. 

B. What is the Agency’s authority for 

taking this action? 

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

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

that a use of a chemical substance is a 

‘‘significant new use.’’ EPA must make 

this determination by rule after 

considering all relevant factors, 

including the four bulleted TSCA 

section 5(a)(2) factors listed in Unit III. 


ehiers on DSK2VPTVN1PROD with RULES
38466 Federal Register / Vol. 79, No. 130 / Tuesday, July 8, 2014 / Rules and Regulations 

Once EPA determines that a use of a 

chemical substance is a significant new 

use, TSCA section 5(a)(1)(B) requires 

persons to submit a significant new use 

notice (SNUN) to EPA at least 90 days 

before they manufacture or process the 

chemical substance for that use. Persons 

who must report are described in 

§ 14;721.5. 

C. Applicability of General Provisions 

General provisions for SNURs appear 

in 40 CFR part 721, subpart A. These 

provisions describe persons subject to 

the rule, recordkeeping requirements, 

exemptions to reporting requirements, 

and applicability of the rule to uses 

occurring before the effective date of the 

rule. Provisions relating to user fees 

appear at 40 CFR part 700. According to 

§ 721.1(c), persons subject to these 

SNURs must comply with the same 

SNUN requirements and EPA regulatory 

procedures as submitters of PMNs under 

TSCA section 5(a)(1)(A). In particular, 

these requirements include the 

information submission requirements of 

TSCA sections 5(b) and 5(d)(1), the 

exemptions authorized by TSCA 

sections 5(h)(1), (h)(2), (h)(3), and (h)(5), 

and the regulations at 40 CFR part 720. 

Once EPA receives a SNUN, EPA may 

take regulatory action under TSCA 

sections 5(e), 5(f), 6, or 7 to control the 

activities for which it has received the 

SNUN. If EPA does not take action, EPA 

is required under TSCA section 5(g) to 

explain in the Federal Register its 

reasons for not taking action. 

III. Significant New Use Determination 

Section 5(a)(2) of TSCA states that 

EPA’s determination that a use of a 

chemical substance is a significant new 

use must be made after consideration of 

all relevant factors, including: 

• The projected volume of 

manufacturing and processing of a 

chemical substance. 

• The extent to which a use changes 

the type or form of exposure of human 

beings or the environment to a chemical 

substance. 

• The extent to which a use increases 

the magnitude and duration of exposure 

of human beings or the environment to 

a chemical substance. 

• The reasonably anticipated manner 

and methods of manufacturing, 

processing, distribution in commerce, 

and disposal of a chemical substance. 

In addition to these factors 

enumerated in TSCA section 5(a)(2), the 

statute authorized EPA to consider any 

other relevant factors. 

To determine what would constitute a 

significant new use for the 13 chemical 

substances that are the subject of these 

SNURs, EPA considered relevant 

information about the toxicity of the 

chemical substances, likely human 

exposures and environmental releases 

associated with possible uses, and the 

four bulleted TSCA section 5(a)(2) 

factors listed in this unit. 

IV. Substances Subject to This Rule 

EPA is establishing significant new 

use and recordkeeping requirements for 

13 chemical substances in 40 CFR part 

721, subpart E. In this unit, EPA 

provides the following information for 

each chemical substance: 

• PMN number. 

• Chemical name (generic name, if 

the specific name is claimed as CBI). 

• Chemical Abstracts Service (CAS) 

Registry number (if assigned for nonconfidential chemical identities). 

• Basis for the TSCA section 5(e) 

consent order or, the basis for nonTSCA section 5(e) SNURs, (i.e., SNURs 

without TSCA section 5(e) consent 

orders). 

• Tests recommended by EPA to 

provide sufficient information to 

evaluate the chemical substance (see 

Unit VIII. for more information). 

• CFR citation assigned in the 

regulatory text section of this rule. 

This rule includes two PMN 

substances, P-10-5 and P-11-339, whose 

reported chemical names include the 

term ‘‘carbon nanotube’’ or ‘‘CNT’’. 

Because of a lack of established 

nomenclature for carbon nanotubes, the 

TSCA Inventory names for carbon 

nanotubes are currently in generic form, 

e.g., carbon nanotube (CNT), multiwalled carbon nanotube (MWCNT), 

double-walled carbon nanotube 

(DWCNT), or single-walled carbon 

nanotube (SWCNT). EPA uses the 

specific structural characteristics 

provided by the PMN submitter to more 

specifically characterize the Inventory 

listing for an individual CNT. All 

submitters of new chemical notices for 

CNTs in this SNUR have claimed those 

specific structural characteristics as CBI. 

EPA is publishing the generic chemical 

name along with the PMN number to 

identify that a distinct chemical 

substance was the subject of the PMN 

without revealing the confidential 

chemical identity of the PMN substance. 

Confidentiality claims preclude a more 

detailed description of the identity of 

these CNTs. If an intended manufacturer 

or processor of CNTs is unsure of 

whether its CNTs are subject to this 

SNUR or any other SNUR, the company 

can either contact EPA or obtain a 

written determination from EPA 

pursuant to the bona fide procedures at 

§ 721.11. EPA is using the specific 

structural characteristics, for all CNTs 

submitted as new chemical substances 

under TSCA, to help develop standard 

nomenclature for placing these chemical 

substances on the TSCA Inventory. EPA 

has compiled a generic list of those 

structural characteristics entitled 

‘‘Material Characterization of Carbon 

Nanotubes for Molecular Identity (MI) 

Determination & Nomenclature.’’ A 

copy of this list is available in the 

docket for these SNURs under docket ID 

number EPA–HQ–OPPT–2014–0277. If 

EPA develops a more specific generic 

chemical name for these materials, that 

name will be made publicly available. 

The regulatory text section of this rule 

specifies the activities designated as 

significant new uses. Certain new uses, 

including production volume limits 

(i.e., limits on manufacture volume) and 

other uses designated in this rule, may 

be claimed as CBI. Unit IX. discusses a 

procedure companies may use to 

ascertain whether a proposed use 

constitutes a significant new use. 

This rule includes 3 PMN substances 

(P-10-5, P-11-339 and P-12-125) that are 

subject to ‘‘risk-based’’ consent orders 

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

where EPA determined that activities 

associated with the PMN substances 

may present unreasonable risk to human 

health or the environment. Those 

consent orders require protective 

measures to limit exposures or 

otherwise mitigate the potential 

unreasonable risk. The so-called ‘‘TSCA 

section 5(e) SNURs’’ on these PMN 

substances are promulgated pursuant to 

§ 721.160, and are based on and 

consistent with the provisions in the 

underlying consent orders. The TSCA 

section 5(e) SNURs designate as a 

‘‘significant new use’’ the absence of the 

protective measures required in the 

corresponding consent orders. 

This rule also includes SNURs on 10 

PMN substances that are not subject to 

consent orders under TSCA section 5(e). 

In these cases, for a variety of reasons, 

EPA did not find that the use scenario 

described in the PMN triggered the 

determinations set forth under TSCA 

section 5(e). However, EPA does believe 

that certain changes from the use 

scenario described in the PMN could 

result in changes in exposures, thereby 

constituting a ‘‘significant new use.’’ 

These so-called ‘‘non-TSCA section 5(e) 

SNURs’’ are promulgated pursuant to 

§ 721.170. EPA has determined that 

every activity designated as a 

‘‘significant new use’’ in all non-TSCA 

section 5(e) SNURs issued under 

§ 721.170 satisfies the two requirements 

stipulated in § 721.170(c)(2), i.e., these 

significant new use activities, ‘‘(i) are 

different from those described in the 

premanufacture notice for the 

substance, including any amendments, 


ehiers on DSK2VPTVN1PROD with RULES
Federal Register / Vol. 79, No. 130 / Tuesday, July 8, 2014 / Rules and Regulations 38467 

deletions, and additions of activities to 

the premanufacture notice, and (ii) may 

be accompanied by changes in exposure 

or release levels that are significant in 

relation to the health or environmental 

concerns identified’’ for the PMN 

substance. 

PMN Number P-10-5 

Chemical name: Single-walled carbon 

nanotubes (generic). 

CAS number: Claimed confidential. 

Effective date of TSCA section 5(e) 

consent order: November 30, 2010. 

Basis for TSCA section 5(e) consent 

order: The PMN states that the uses of 

the substance will be as a component for 

a conductive coating using the PMN 

substance in a dispersion or ink, and as 

an additive in resins/thermoplastics/

elastomers for mechanical 

reinforcement. Based on structureactivity relationship (SAR) analysis of 

test data on analogous respirable, poorly 

soluble particulates and other carbon 

nanotubes (CNTs), EPA identified 

concerns for pulmonary toxicity, 

fibrosis, carcinogenicity, mutagenicity, 

and immunotoxicity. Further, available 

data suggests that pulmonary deposition 

of some nanoparticles, including CNT 

may induce cardiovascular toxicity if 

inhaled. Based on the uncertainty of the 

characterization and exposure of 

nanoscale materials in general, there 

may be additional potential for 

translocation across the dermis and 

effects on target organs via the oral route 

of exposure. Finally, EPA expects that 

some fraction of the CNTs, if released 

into the environment, will eventually be 

suspended in water. Based on findings 

of sublethal effects observed for CNTs in 

rainbow trout at levels as low as 100 

parts per billion (ppb) and that toxicity 

of CNTs may be further altered by the 

presence of natural organic matter that 

may be associated with nanomaterials 

when released into the natural 

environment, EPA identified concerns 

for toxicity to aquatic organisms. The 

Order was issued under TSCA sections 

5(e)(1)(A)(i) and 5(e)(1)(A)(ii)(I) based 

on a finding that this substance may 

present an unreasonable risk of injury to 

human health and the environment. To 

protect against this risk, the Order 

requires: 

1. Use of personal protective 

equipment including gloves and 

protective clothing impervious to the 

substance when there is potential 

dermal exposure and use of a National 

Institute of Occupational Safety and 

Health (NIOSH)-certified air-purifying, 

tight-fitting full-face respirator equipped 

with N–100 cartridges when there is 

potential inhalation exposure. 

2. Use of the substance only as a 

component for a conductive coating 

using the PMN substance in a 

dispersion or ink or as an additive in 

resins/thermoplastics/elastomers for 

mechanical reinforcement. 

3. Manufacture of the substance at a 

volume not to exceed a confidential 

volume specified in the consent order 

unless the company has submitted the 

results of certain health studies and 

physical/chemical properties data. 

4. No surface water releases of the 

PMN substance, except for limited water 

releases resulting in no more than 1 ppb 

waste water effluent concentration 

determined by monitoring. The 

Company shall analyze the 

concentration of the PMN substance in 

waste water discharged to the city sewer 

from the facility every year and adhere 

to the monitoring procedure referenced 

in the consent order. 

The SNUR designates as a ‘‘significant 

new use’’ the absence of these protective 

measures. 

Recommended testing: EPA has 

determined that the results of a 90-day 

inhalation toxicity study in rats (OPPTS 

Test Guideline 870.3465 or Organisation 

for Economic Co-operation and 

Development (OECD) Test Guideline 

413) with a post-exposure observation 

period of up to 3 months, including 

bronchoalveolar lavage fluid (BALF) 

analysis, a determination of 

cardiovascular toxicity (clinically-based 

blood/plasma protein analyses), and 

histopathology of the heart; and certain 

physical/chemical properties, would 

help characterize possible effects of the 

substance. The PMN submitter has 

agreed not to exceed the confidential 

production volume stated in the consent 

order without performing the inhalation 

toxicity study. In addition, in the 

consent order, the PMN submitter 

agreed to provide physical/chemical 

properties data within a specified time 

limit. 

CFR citation: 40 CFR 721.10755. 

PMN Number P-11-339 

Chemical name: Multi-walled carbon 

nanotubes (generic). 

CAS number: Claimed confidential. 

Effective date of TSCA section 5(e) 

consent order: August 25, 2011. 

Basis for TSCA section 5(e) consent 

order: The PMN states that the use of 

the substance will be as an additive in 

resins, thermoplastics, and elastomers 

for mechanical reinforcement and 

enhanced electrical performance, as a 

coating on metallic foils for battery 

applications, or in the manufacture of 

fabric composites. Based on SAR 

analysis of test data on analogous 

respirable, poorly soluble particulates 

and other CNTs, EPA identified 

concerns for pulmonary toxicity, 

fibrosis, carcinogenicity, mutagenicity, 

and immunotoxicity. Further, available 

data suggests that pulmonary deposition 

of some nanoparticles, including CNT 

may induce cardiovascular toxicity if 

inhaled. Finally, EPA expects that some 

fraction of the CNTs, if released into the 

environment, will eventually be 

suspended in water. Based on findings 

of sublethal effects observed for CNTs in 

rainbow trout at levels as low as 100 

ppb and that toxicity of CNTs may be 

further altered by the presence of 

natural organic matter that may be 

associated with nanomaterials when 

released into the natural environment, 

EPA identified concerns for toxicity to 

aquatic organisms. The Order was 

issued under TSCA sections 5(e)(1)(A)(i) 

and 5(e)(1)(A)(ii)(I) based on a finding 

that this substance may present an 

unreasonable risk of injury to human 

health and the environment. To protect 

against this risk, the Order requires: 

1. Use of personal protective 

equipment including gloves and 

protective clothing impervious to the 

substance when there is potential 

dermal exposure and a NIOSH-certified 

air-purifying, tight-fitting full-face 

respirator equipped with N–100, R–100, 

or P–100 cartridges when there is 

potential for inhalation exposure. 

2. Use of the substance only as an 

additive in resins, thermoplastics, and 

elastomers for mechanical 

reinforcement and enhanced electrical 

performance, as a coating on metallic 

foils for battery applications, or in the 

manufacture of fabric composites. 

3. Manufacture of the substance at a 

volume not to exceed a confidential 

volume specified in the consent order 

unless the company has submitted the 

results of certain health studies and 

physical/chemical properties data. 

4. No surface water releases of the 

PMN substance, except for limited water 

releases resulting in no more than 1 ppb 

waste water effluent concentration 

determined by monitoring. The 

Company shall analyze the 

concentration of the PMN substance in 

waste water discharged to the city sewer 

from the facility every year and adhere 

to the monitoring procedure referenced 

in the consent order. 

The SNUR designates as a ‘‘significant 

new use’’ the absence of these protective 

measures. 

Recommended testing: EPA has 

determined that the results of a 90-day 

inhalation toxicity study in rats (OPPTS 

Test Guideline 870.3465 or OECD Test 

Guideline 413) with a post exposure 

observation period of up to 3 months, 

including BALF analysis, a 


ehiers on DSK2VPTVN1PROD with RULES
38468 Federal Register / Vol. 79, No. 130 / Tuesday, July 8, 2014 / Rules and Regulations 

determination of cardiovascular toxicity 

(clinically-based blood/plasma protein 

analyses), and histopathology of the 

heart; and certain physical/chemical 

properties, would help characterize 

possible effects of the substance. The 

PMN submitter has agreed not to exceed 

the confidential production volume 

stated in the consent order without 

performing the inhalation toxicity 

study. In the consent order, the PMN 

submitter agreed to provide physical/

chemical properties data within a 

specified time limit. 

CFR citation: 40 CFR 721.10756. 

PMN Numbers P-12-100 and P-12-150 

Chemical names: Fatty acids, diesters 

with dihydroxy bicyclic diether 

(generic). 

CAS numbers: Claimed confidential. 

Basis for action: The PMNs state that 

the uses of the substances will be as a 

polymer modifier and a seal swell 

additive for industrial applications. 

Based on test data on the PMN 

substances, as well as SAR analysis of 

test data on analogous esters, EPA 

predicts toxicity to aquatic organisms 

may occur at concentrations that exceed 

1 ppb of the PMN substances in surface 

waters for greater than 20 days per year. 

This 20-day criterion is derived from 

partial life cycle tests (daphnid chronic 

and fish early life stage tests) that 

typically range from 21 to 28 days in 

duration. EPA predicts toxicity to 

aquatic organisms may occur if releases 

of the substances to surface water, from 

uses other than as described in the 

PMNs, exceed releases from the uses 

described in the PMNs. For the uses 

described in the PMNs, environmental 

releases did not exceed 1 ppb for more 

than 20 days per year. Therefore, EPA 

has not determined that the proposed 

manufacturing, processing, or use of the 

substances may present an unreasonable 

risk. EPA has determined, however, that 

any use of the substances other than as 

polymer modifiers and seal swell 

additives for industrial applications 

may cause significant adverse 

environmental effects. Based on this 

information, the PMN substances meet 

the concern criteria at § 721.170(b)(4)(i) 

and (b)(4)(ii). 

Recommended testing: EPA has 

determined that the results of a fish 

early-life stage toxicity test (OPPTS Test 

Guideline 850.1400) and a daphnid 

chronic toxicity test (OPPTS Test 

Guideline 850.1300) would help 

characterize the environmental effects of 

the PMN substances. 

CFR citation: 40 CFR 721.10757. 

PMN Number P-12-125 

Chemical name: Thermolized wasted 

plastic (generic). 

CAS number: Claimed confidential. 

Effective date of TSCA section 5(e) 

consent order: October 2, 2013. 

Basis for TSCA section 5(e) consent 

order: The PMN states that the generic 

(non-confidential) use of the substance 

will be as a petroleum feedstock. Based 

on SAR analysis of test data on 

analogous styrenes and benzenes, EPA 

identified concerns for solvent irritation 

and solvent neurotoxicity; hydrocarbon 

pneumonia; liver, kidney, blood, 

developmental and reproductive 

toxicities; immunotoxicity, 

mutagenicity, and oncogenicity. 

Further, polychlorinated dibenzo-pdioxins (PCDDs) and polychlorinated 

dibenzofurans (PCDFs) impurities in the 

PMN substance are known to be highly 

persistent, bioaccumulative, and toxic 

(PBT) chemicals that cause 

developmental toxicity, inhalation 

effects, carcinogenicity and are highly 

toxic to aquatic life. The Order was 

issued under TSCA sections 5(e)(1)(A)(i) 

and 5(e)(1)(A)(ii)(I) based on a finding 

that the substance may present an 

unreasonable risk of injury to human 

health and the environment. To protect 

against this risk, the consent order 

requires: 

1. Establishment and use of a hazard 

communication program. 

2. Manufacture of the PMN substance: 

(a) According to the chemical 

composition section of the consent 

order, including analyzing and reporting 

PCDD and PCDF levels in the PMN 

substance to EPA; (b) without exceeding 

the maximum established limit of 110 

picogram/gram (pg/g) of PCDD/PCDF 

toxic equivalents (using the World 

Health Organization 2005 Toxic 

Equivalency Factors as detailed in the 

consent order); and (c) while monitoring 

the pH of the aqueous effluent stream 

from the manufacturing process as 

outlined in the consent order. 

3. Use of the substance only as 

described in the consent order. 

The SNUR designates as a ‘‘significant 

new use’’ the absence of these protective 

measures. 

Recommended testing: EPA has 

determined, at this time, that there is no 

testing that would help further 

characterize the environmental/human 

health effects of the PMN substance. In 

the consent order, the PMN submitter 

agreed to analyze for PCDD and PCDF 

impurities every quarter during 

manufacture of the PMN substance, 

using EPA Test Method 8290A. 

CFR citation: 40 CFR 721.10758. 

PMN Number P-13-369 

Chemical name: Polyphosphoric 

acids, esters with substituted amines, 

compounds with alkyl pyridines 

(generic). 

CAS number: Claimed confidential. 

Basis for action: The PMN states that 

the use of the substance is as a solids 

conglomeration additive for down-hole 

treatment of oil and gas wells to prevent 

the undesirable production of solids. 

Based on test data on the PMN 

substance, EPA predicts chronic toxicity 

to aquatic organisms may occur at 

concentrations that exceed 8 ppb of the 

PMN substance in surface waters. As 

described in the PMN, releases of the 

substance are not expected to result in 

surface water concentrations that exceed 

8 ppb. Therefore, EPA has not 

determined that the proposed 

manufacturing, processing, or use of the 

substance may present an unreasonable 

risk. EPA has determined, however, that 

any use of the substance resulting in 

surface water concentrations exceeding 

8 ppb or use other than as described in 

the PMN, or if disposed of during 

manufacturing by means other than 

incineration may result in significant 

adverse environmental effects. Based on 

this information, the PMN substance 

meets the concern criteria at 

§ 721.170(b)(4)(i). 

Recommended testing: EPA has 

determined that the results of a mysid 

chronic toxicity test (OCSPP Test 

Guideline 850.1350); an algal toxicity 

test (OCSPP Test Guideline 850.4500); 

and a modified algal toxicity test 

(OCSPP Test Guideline 850.4500) where 

the PMN substance is substituted for the 

phosphate nutrient in the algal growth 

medium would help characterize the 

environmental effects of the PMN 

substance: 

CFR citation: 40 CFR 721.10759. 

PMN Number P-13-854 

Chemical name: Zinc carboxylate salt 

(generic). 

CAS number: Claimed confidential. 

Basis for action: The PMN states that 

the use of the substance is as a 

petroleum production chemical. Based 

on SAR analysis of test data on 

analogous organozinc compounds, EPA 

predicts chronic toxicity to aquatic 

organisms may occur at concentrations 

that exceed 3 ppb of the PMN substance 

in surface waters. As described in the 

PMN, releases of the substance are not 

expected to result in surface water 

concentrations that exceed 3 ppb. 

Therefore, EPA has not determined that 

the proposed manufacturing, 

processing, or use of the substance may 

present an unreasonable risk. EPA has 


ehiers on DSK2VPTVN1PROD with RULES
Federal Register / Vol. 79, No. 130 / Tuesday, July 8, 2014 / Rules and Regulations 38469 

determined, however, that any use of 

the substance resulting in surface water 

concentrations exceeding 3 ppb may 

result in significant adverse 

environmental effects. Based on this 

information, the PMN substance meets 

the concern criteria at 

§ 721.170(b)(4)(ii). 

Recommended testing: EPA has 

determined that the results of a fish 

acute toxicity test, freshwater and 

marine (OPPTS Test Guideline 

850.1075); an aquatic invertebrate acute 

toxicity test, freshwater daphnids 

(OPPTS Test Guideline 850.1010); and 

an algal toxicity test (OCSPP Test 

Guideline 850.4500) would help 

characterize the environmental effects of 

the PMN substance. 

CFR citation: 40 CFR 721.10760. 

PMN Numbers P-14-12, P-14-13, P-14- 

15, and P-14-16 

Chemical names: Fatty acid amide 

(generic). 

CAS numbers: Claimed confidential. 

Basis for action: The PMNs state that 

the substances will be used as 

emulsifiers for use in asphalt 

applications. Based on SAR analysis of 

test data on analogous aliphatic amines, 

EPA predicts chronic toxicity to aquatic 

organisms may occur at concentrations 

that exceed the following values of the 

PMN substances in surface waters. 

PMN No. Concentration 

P–14–12 ............................ 110 ppb. 

P–14–13 ............................ 240 ppb. 

P–14–15 ............................ 53 ppb. 

P–14–16 ............................ 110 ppb. 

For the use described in the PMNs, 

releases of the substances are not 

expected to result in surface water 

concentrations exceeding these values. 

Therefore, EPA has not determined that 

the proposed manufacturing, 

processing, or use of the substance may 

present an unreasonable risk. EPA has 

determined, however, that any use of 

the substances other than as emulsifiers 

for use in asphalt applications may 

cause significant adverse environmental 

effects. Based on this information, the 

PMN substances meet the concern 

criteria at § 721.170(b)(4)(ii). 

Recommended testing: EPA has 

determined that the results of a fish 

acute toxicity test, freshwater and 

marine (OPPTS Test Guideline 

850.1075); an aquatic invertebrate acute 

toxicity test, freshwater daphnids 

(OPPTS Test Guideline 850.1010); and 

an algal toxicity test (OCSPP Test 

Guideline 850.4500) would help 

characterize the environmental effects of 

the PMN substance. The Agency 

recommends that testing be conducted 

on P-14-15 as EPA predicts this 

substance to be the most acutely toxic 

to aquatic organisms of these four PMN 

substances. 

CFR citation: 40 CFR 721.10761. 

PMN Number P-14-60 

Chemical name: 1,1’- 

methylenebis[isocyanatobenzene], 

polymer with polycarboxylic acids in 

alkane polyols (generic). 

CAS number: Claimed confidential. 

Basis for action: The PMN states that 

the generic (non-confidential) use of the 

substance will be as a coating 

component. Based on SAR analysis of 

test data on analogous diisocyanates, 

EPA identified concerns for dermal and 

respiratory sensitization to persons 

exposed to the PMN substance. As 

described in the PMN, worker exposure 

will be minimal due to the use of 

adequate personal protective 

equipment, and EPA does not expect 

significant consumer exposure as the 

substance is not used in a consumer 

product. Therefore, EPA has not 

determined that the proposed 

manufacturing, processing, or use of the 

substance may present an unreasonable 

risk. EPA has determined, however, that 

any use of the substance without a 

NIOSH-certified respirator with an 

assigned protection factor (APF) of at 

least 10, where there is potential 

inhalation exposure; or any use of the 

substance in consumer products may 

cause serious health effects. Based on 

this information, the PMN substance 

meets the concern criteria at 

§ 721.170(b)(3)(ii). 

Recommended testing: EPA has 

determined that the results of a skin 

sensitization test (OPPTS Test Guideline 

870.2600) and a 90-day inhalation 

toxicity test (OPPTS Test Guideline 

870.3465) would help characterize the 

human health effects of the PMN 

substance. 

CFR citation: 40 CFR 721.10762. 

PMN Number P-14-143 

Chemical name: Alkanaminium, 

[substituted carbomonocycle 

[(alkylamino)carbomonocycle]alkylene]- 

substituted carbomonocycle, 

carboxylate salt (generic). 

CAS number: Claimed confidential. 

Basis for action: The PMN states that 

the generic (non-confidential) use of the 

substance will be as an ingredient used 

in pigment synthesis. Based on SAR 

analysis of test data on analogous 

delocalized cationic dyes, EPA predicts 

toxicity to aquatic organisms may occur 

at concentrations that exceed 1 ppb of 

the PMN substance in surface waters. As 

described in the PMN, environmental 

releases are not expected to result in 

surface water concentrations that exceed 

1 ppb. Therefore, EPA has not 

determined that the proposed 

manufacturing, processing, or use of the 

substance may present an unreasonable 

risk. EPA has determined, however, that 

any use of the substance resulting in 

surface water concentrations exceeding 

1 ppb may cause significant adverse 

environmental effects. Based on this 

information, the PMN substance meets 

the concern criteria at 

§ 721.170(b)(4)(ii). 

Recommended testing: EPA has 

determined that the results of a fish 

acute toxicity test, freshwater and 

marine (OPPTS Test Guideline 

850.1075); a fish acute toxicity mitigated 

by humic acid test (OPPTS Test 

Guideline 850.1085); an aquatic 

invertebrate acute toxicity test, 

freshwater daphnids (OPPTS Test 

Guideline 850.1010); and an algal 

toxicity test (OCSPP Test Guideline 

850.4500) would help characterize the 

environmental effects of the PMN 

substance. 

CFR citation: 40 CFR 721.10763. 

V. Rationale and Objectives of the Rule 

A. Rationale 

During review of the PMNs submitted 

for the chemical substances that are 

subject to these SNURs, EPA concluded 

that for 3 of the 13 chemical substances, 

regulation was warranted under TSCA 

section 5(e), pending the development 

of information sufficient to make 

reasoned evaluations of the health or 

environmental effects of the chemical 

substances. The basis for such findings 

is outlined in Unit IV. Based on these 

findings, TSCA section 5(e) consent 

orders requiring the use of appropriate 

exposure controls were negotiated with 

the PMN submitters. The SNUR 

provisions for these chemical 

substances are consistent with the 

provisions of the TSCA section 5(e) 

consent orders. These SNURs are 

promulgated pursuant to § 721.160 (see 

Unit VI.). 

In the other 10 cases, where the uses 

are not regulated under a TSCA section 

5(e) consent order, EPA determined that 

one or more of the criteria of concern 

established at § 721.170 were met, as 

discussed in Unit IV. 

B. Objectives 

EPA is issuing these SNURs for 

specific chemical substances which 

have undergone premanufacture review 

because the Agency wants to achieve 

the following objectives with regard to 

the significant new uses designated in 

this rule: 


ehiers on DSK2VPTVN1PROD with RULES
38470 Federal Register / Vol. 79, No. 130 / Tuesday, July 8, 2014 / Rules and Regulations 

• EPA will receive notice of any 

person’s intent to manufacture or 

process a listed chemical substance for 

the described significant new use before 

that activity begins. 

• EPA will have an opportunity to 

review and evaluate data submitted in a 

SNUN before the notice submitter 

begins manufacturing or processing a 

listed chemical substance for the 

described significant new use. 

• EPA will be able to regulate 

prospective manufacturers or processors 

of a listed chemical substance before the 

described significant new use of that 

chemical substance occurs, provided 

that regulation is warranted pursuant to 

TSCA sections 5(e), 5(f), 6, or 7. 

• EPA will ensure that all 

manufacturers and processors of the 

same chemical substance that is subject 

to a TSCA section 5(e) consent order are 

subject to similar requirements. 

Issuance of a SNUR for a chemical 

substance does not signify that the 

chemical substance is listed on the 

TSCA Chemical Substance Inventory 

(TSCA Inventory). Guidance on how to 

determine if a chemical substance is on 

the TSCA Inventory is available on the 

Internet at http://www.epa.gov/opptintr/ 

existingchemicals/pubs/tscainventory/

index.html. 

VI. Direct Final Procedures 

EPA is issuing these SNURs as a 

direct final rule, as described in 

§ 721.160(c)(3) and § 721.170(d)(4). In 

accordance with § 721.160(c)(3)(ii) and 

§ 721.170(d)(4)(i)(B), the effective date 

of this rule is September 8, 2014 

without further notice, unless EPA 

receives written adverse or critical 

comments, or notice of intent to submit 

adverse or critical comments before 

August 7, 2014. 

If EPA receives written adverse or 

critical comments, or notice of intent to 

submit adverse or critical comments, on 

one or more of these SNURs before 

August 7, 2014, EPA will withdraw the 

relevant sections of this direct final rule 

before its effective date. EPA will then 

issue a proposed SNUR for the chemical 

substance(s) on which adverse or 

critical comments were received, 

providing a 30-day period for public 

comment. 

This rule establishes SNURs for a 

number of chemical substances. Any 

person who submits adverse or critical 

comments, or notice of intent to submit 

adverse or critical comments, must 

identify the chemical substance and the 

new use to which it applies. EPA will 

not withdraw a SNUR for a chemical 

substance not identified in the 

comment. 

VII. Applicability of the Significant 

New Use Designation 

To establish a significant new use, 

EPA must determine that the use is not 

ongoing. The chemical substances 

subject to this rule have undergone 

premanufacture review. In cases where 

EPA has not received a notice of 

commencement (NOC) and the chemical 

substance has not been added to the 

TSCA Inventory, no person may 

commence such activities without first 

submitting a PMN. Therefore, for 

chemical substances for which an NOC 

has not been submitted, EPA concludes 

that the designated significant new uses 

are not ongoing. 

When chemical substances identified 

in this rule are added to the TSCA 

Inventory, EPA recognizes that, before 

the rule is effective, other persons might 

engage in a use that has been identified 

as a significant new use. However, 

TSCA section 5(e) consent orders have 

been issued for 3 of the 13 chemical 

substances, and the PMN submitters are 

prohibited by the TSCA section 5(e) 

consent orders from undertaking 

activities which would be designated as 

significant new uses. The identities of 

all 13 of the chemical substances subject 

to this rule have been claimed as 

confidential and EPA has received no 

post-PMN bona fide submissions (per 

§§ 720.25 and 721.11). Based on this, 

the Agency believes that it is highly 

unlikely that any of the significant new 

uses described in the regulatory text of 

this rule are ongoing. 

Therefore, EPA designates July 8, 

2014 as the cutoff date for determining 

whether the new use is ongoing. Persons 

who begin commercial manufacture or 

processing of the chemical substances 

for a significant new use identified as of 

that date would have to cease any such 

activity upon the effective date of the 

final rule. To resume their activities, 

these persons would have to first 

comply with all applicable SNUR 

notification requirements and wait until 

the notice review period, including any 

extensions, expires. If such a person met 

the conditions of advance compliance 

under § 721.45(h), the person would be 

considered exempt from the 

requirements of the SNUR. Consult the 

Federal Register document of April 24, 

1990 for a more detailed discussion of 

the cutoff date for ongoing uses. 

VIII. Test Data and Other Information 

EPA recognizes that TSCA section 5 

does not require developing any 

particular test data before submission of 

a SNUN. The two exceptions are: 

1. Development of test data is 

required where the chemical substance 

subject to the SNUR is also subject to a 

test rule under TSCA section 4 (see 

TSCA section 5(b)(1)). 

2. Development of test data may be 

necessary where the chemical substance 

has been listed under TSCA section 

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

In the absence of a TSCA section 4 

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

listing covering the chemical substance, 

persons are required only to submit test 

data in their possession or control and 

to describe any other data known to or 

reasonably ascertainable by them (see 40 

CFR 720.50). However, upon review of 

PMNs and SNUNs, the Agency has the 

authority to require appropriate testing. 

In cases where EPA issued a TSCA 

section 5(e) consent order that requires 

or recommends certain testing, Unit IV. 

lists those tests. Unit IV. also lists 

recommended testing for non-TSCA 

section 5(e) SNURs. Descriptions of tests 

are provided for informational purposes. 

EPA strongly encourages persons, before 

performing any testing, to consult with 

the Agency pertaining to protocol 

selection. To access the OCSPP test 

guidelines referenced in this document 

electronically, please go to http://

www.epa.gov/ocspp and select ‘‘Test 

Methods and Guidelines.’’ The 

Organisation for Economic Co-operation 

and Development (OECD) test 

guidelines are available from the OECD 

Bookshop at http://

www.oecdbookshop.org or SourceOECD 

at http://www.sourceoecd.org. 

In the TSCA section 5(e) consent 

orders for several of the chemical 

substances regulated under this rule, 

EPA has established production volume 

limits in view of the lack of data on the 

potential health and environmental 

risks that may be posed by the 

significant new uses or increased 

exposure to the chemical substances. 

These limits cannot be exceeded unless 

the PMN submitter first submits the 

results of toxicity tests that would 

permit a reasoned evaluation of the 

potential risks posed by these chemical 

substances. Under recent TSCA section 

5(e) consent orders, each PMN submitter 

is required to submit each study before 

reaching the specified production limit. 

Listings of the tests specified in the 

TSCA section 5(e) consent orders are 

included in Unit IV. The SNURs contain 

the same production volume limits as 

the TSCA section 5(e) consent orders. 

Exceeding these production limits is 

defined as a significant new use. 

Persons who intend to exceed the 

production limit must notify the Agency 

by submitting a SNUN at least 90 days 

in advance of commencement of nonexempt commercial manufacture or 

processing. 


ehiers on DSK2VPTVN1PROD with RULES
Federal Register / Vol. 79, No. 130 / Tuesday, July 8, 2014 / Rules and Regulations 38471 

The recommended tests specified in 

Unit IV. may not be the only means of 

addressing the potential risks of the 

chemical substance. However, 

submitting a SNUN without any test 

data may increase the likelihood that 

EPA will take action under TSCA 

section 5(e), particularly if satisfactory 

test results have not been obtained from 

a prior PMN or SNUN submitter. EPA 

recommends that potential SNUN 

submitters contact EPA early enough so 

that they will be able to conduct the 

appropriate tests. 

SNUN submitters should be aware 

that EPA will be better able to evaluate 

SNUNs which provide detailed 

information on the following: 

• Human exposure and 

environmental release that may result 

from the significant new use of the 

chemical substances. 

• Potential benefits of the chemical 

substances. 

• Information on risks posed by the 

chemical substances compared to risks 

posed by potential substitutes. 

IX. Procedural Determinations 

By this rule, EPA is establishing 

certain significant new uses which have 

been claimed as CBI subject to Agency 

confidentiality regulations at 40 CFR 

part 2 and 40 CFR part 720, subpart E. 

Absent a final determination or other 

disposition of the confidentiality claim 

under 40 CFR part 2 procedures, EPA is 

required to keep this information 

confidential. EPA promulgated a 

procedure to deal with the situation 

where a specific significant new use is 

CBI, at 40 CFR 721.1725(b)(1). 

Under these procedures a 

manufacturer or processor may request 

EPA to determine whether a proposed 

use would be a significant new use 

under the rule. The manufacturer or 

processor must show that it has a bona 

fide intent to manufacture or process the 

chemical substance and must identify 

the specific use for which it intends to 

manufacture or process the chemical 

substance. If EPA concludes that the 

person has shown a bona fide intent to 

manufacture or process the chemical 

substance, EPA will tell the person 

whether the use identified in the bona 

fide submission would be a significant 

new use under the rule. Since most of 

the chemical identities of the chemical 

substances subject to these SNURs are 

also CBI, manufacturers and processors 

can combine the bona fide submission 

under the procedure in § 721.1725(b)(1) 

with that under § 721.11 into a single 

step. 

If EPA determines that the use 

identified in the bona fide submission 

would not be a significant new use, i.e., 

the use does not meet the criteria 

specified in the rule for a significant 

new use, that person can manufacture or 

process the chemical substance so long 

as the significant new use trigger is not 

met. In the case of a production volume 

trigger, this means that the aggregate 

annual production volume does not 

exceed that identified in the bona fide 

submission to EPA. Because of 

confidentiality concerns, EPA does not 

typically disclose the actual production 

volume that constitutes the use trigger. 

Thus, if the person later intends to 

exceed that volume, a new bona fide 

submission would be necessary to 

determine whether that higher volume 

would be a significant new use. 

X. SNUN Submissions 

According to § 721.1(c), persons 

submitting a SNUN must comply with 

the same notification requirements and 

EPA regulatory procedures as persons 

submitting a PMN, including 

submission of test data on health and 

environmental effects as described in 40 

CFR 720.50. SNUNs must be submitted 

on EPA Form No. 7710–25, generated 

using e-PMN software, and submitted to 

the Agency in accordance with the 

procedures set forth in 40 CFR 720.40 

and § 721.25. E–PMN software is 

available electronically at http://

www.epa.gov/opptintr/newchems. 

XI. Economic Analysis 

EPA has evaluated the potential costs 

of establishing SNUN requirements for 

potential manufacturers and processors 

of the chemical substances subject to 

this rule. EPA’s complete economic 

analysis is available in the docket under 

docket ID number EPA–HQ–OPPT– 

2014–0277. 

XII. Statutory and Executive Order 

Reviews 

A. Executive Order 12866 

This rule establishes SNURs for 

several new chemical substances that 

were the subject of PMNs, or TSCA 

section 5(e) consent orders. The Office 

of Management and Budget (OMB) has 

exempted these types of actions from 

review under Executive Order 12866, 

entitled ‘‘Regulatory Planning and 

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

B. Paperwork Reduction Act (PRA) 

According to PRA (44 U.S.C. 3501 et 

seq.), an agency may not conduct or 

sponsor, and a person is not required to 

respond to a collection of information 

that requires OMB approval under PRA, 

unless it has been approved by OMB 

and displays a currently valid OMB 

control number. The OMB control 

numbers for EPA’s regulations in title 40 

of the CFR, after appearing in the 

Federal Register, are listed in 40 CFR 

part 9, and included on the related 

collection instrument or form, if 

applicable. EPA is amending the table in 

40 CFR part 9 to list the OMB approval 

number for the information collection 

requirements contained in this rule. 

This listing of the OMB control numbers 

and their subsequent codification in the 

CFR satisfies the display requirements 

of PRA and OMB’s implementing 

regulations at 5 CFR part 1320. This 

Information Collection Request (ICR) 

was previously subject to public notice 

and comment prior to OMB approval, 

and given the technical nature of the 

table, EPA finds that further notice and 

comment to amend it is unnecessary. As 

a result, EPA finds that there is ‘‘good 

cause’’ under section 553(b)(3)(B) of the 

Administrative Procedure Act (5 U.S.C. 

553(b)(3)(B)) to amend this table 

without further notice and comment. 

The information collection 

requirements related to this action have 

already been approved by OMB 

pursuant to PRA under OMB control 

number 2070–0012 (EPA ICR No. 574). 

This action does not impose any burden 

requiring additional OMB approval. If 

an entity were to submit a SNUN to the 

Agency, the annual burden is estimated 

to average between 30 and 170 hours 

per response. This burden estimate 

includes the time needed to review 

instructions, search existing data 

sources, gather and maintain the data 

needed, and complete, review, and 

submit the required SNUN. 

Send any comments about the 

accuracy of the burden estimate, and 

any suggested methods for minimizing 

respondent burden, including through 

the use of automated collection 

techniques, to the Director, Collection 

Strategies Division, Office of 

Environmental Information (2822T), 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001. Please remember to 

include the OMB control number in any 

correspondence, but do not submit any 

completed forms to this address. 

C. Regulatory Flexibility Act (RFA) 

On February 18, 2012, EPA certified 

pursuant to RFA section 605(b) (5 U.S.C. 

601 et seq.), that promulgation of a 

SNUR does not have a significant 

economic impact on a substantial 

number of small entities where the 

following are true: 

1. A significant number of SNUNs 

would not be submitted by small 

entities in response to the SNUR. 

2. The SNUR submitted by any small 

entity would not cost significantly more 

than $8,300. 


ehiers on DSK2VPTVN1PROD with RULES
38472 Federal Register / Vol. 79, No. 130 / Tuesday, July 8, 2014 / Rules and Regulations 

A copy of that certification is 

available in the docket for this rule. 

This rule is within the scope of the 

February 18, 2012 certification. Based 

on the Economic Analysis discussed in 

Unit XI. and EPA’s experience 

promulgating SNURs (discussed in the 

certification), EPA believes that the 

following are true: 

• A significant number of SNUNs 

would not be submitted by small 

entities in response to the SNUR. 

• Submission of the SNUN would not 

cost any small entity significantly more 

than $8,300. 

Therefore, the promulgation of the 

SNUR would not have a significant 

economic impact on a substantial 

number of small entities. 

D. Unfunded Mandates Reform Act 

(UMRA) 

Based on EPA’s experience with 

proposing and finalizing SNURs, State, 

local, and Tribal governments have not 

been impacted by these rulemakings, 

and EPA does not have any reasons to 

believe that any State, local, or Tribal 

government will be impacted by this 

rule. As such, EPA has determined that 

this rule does not impose any 

enforceable duty, contain any unfunded 

mandate, or otherwise have any effect 

on small governments subject to the 

requirements of UMRA sections 202, 

203, 204, or 205 (2 U.S.C. 1501 et seq.). 

E. Executive Order 13132 

This action will not have a substantial 

direct effect on States, on the 

relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132, entitled 

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

1999). 

F. Executive Order 13175 

This rule does not have Tribal 

implications because it is not expected 

to have substantial direct effects on 

Indian Tribes. This rule does not 

significantly nor uniquely affect the 

communities of Indian Tribal 

governments, nor does it involve or 

impose any requirements that affect 

Indian Tribes. Accordingly, the 

requirements of Executive Order 13175, 

entitled ‘‘Consultation and Coordination 

with Indian Tribal Governments’’ (65 FR 

67249, November 9, 2000), do not apply 

to this rule. 

G. Executive Order 13045 

This action is not subject to Executive 

Order 13045, entitled ‘‘Protection of 

Children from Environmental Health 

Risks and Safety Risks’’ (62 FR 19885, 

April 23, 1997), because this is not an 

economically significant regulatory 

action as defined by Executive Order 

12866, and this action does not address 

environmental health or safety risks 

disproportionately affecting children. 

H. Executive Order 13211 

This action is not subject to Executive 

Order 13211, entitled ‘‘Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001), because this action is not 

expected to affect energy supply, 

distribution, or use and because this 

action is not a significant regulatory 

action under Executive Order 12866. 

I. National Technology Transfer and 

Advancement Act (NTTAA) 

In addition, since this action does not 

involve any technical standards, 

NTTAA section 12(d) (15 U.S.C. 272 

note), does not apply to this action. 

J. Executive Order 12898 

This action does not entail special 

considerations of environmental justice 

related issues as delineated by 

Executive Order 12898, entitled 

‘‘Federal Actions to Address 

Environmental Justice in Minority 

Populations and Low-Income 

Populations’’ (59 FR 7629, February 16, 

1994). 

XIII. Congressional Review Act 

Pursuant to the Congressional Review 

Act (5 U.S.C. 801 et seq.), 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 action is not a ‘‘major 

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

List of Subjects 

40 CFR Part 9 

Environmental protection, Reporting 

and recordkeeping requirements. 

40 CFR Part 721 

Environmental protection, Chemicals, 

Hazardous substances, Reporting and 

recordkeeping requirements. 

Dated: June 27, 2014. 

Maria J. Doa, 

Director, Chemical Control Division, Office 

of Pollution Prevention and Toxics. 

Therefore, 40 CFR parts 9 and 721 are 

amended as follows: 

PART 9—[AMENDED] 

■ 1. The authority citation for part 9 

continues to read as follows: 

Authority: 7 U.S.C. 135 et seq., 136–136y; 

15 U.S.C. 2001, 2003, 2005, 2006, 2601–2671; 

21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33 

U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318, 

1321, 1326, 1330, 1342, 1344, 1345(d) and 

(e), 1361; E.O. 11735, 38 FR 21243, 3 CFR, 

1971–1975 Comp. p. 973; 42 U.S.C. 241, 

242b, 243, 246, 300f, 300g, 300g–1, 300g–2, 

300g–3, 300g–4, 300g–5, 300g–6, 300j–1, 

300j–2, 300j–3, 300j–4, 300j–9, 1857 et seq., 

6901–6992k, 7401–7671q, 7542, 9601–9657, 

11023, 11048. 

■ 2. In § 9.1, add the following sections 

in numerical order under the 

undesignated center heading 

‘‘Significant New Uses of Chemical 

Substances’’ to read as follows: 

§ 9.1 OMB approvals under the Paperwork 

Reduction Act. 

* * * * * 

40 CFR citation OMB control 

No. 

* * * * * 

Significant New Uses of Chemical 

Substances 

* * * * * 

721.10755 ............................. 2070–0012 

721.10756 ............................. 2070–0012 

721.10757 ............................. 2070–0012 

721.10758 ............................. 2070–0012 

721.10759 ............................. 2070–0012 

721.10760 ............................. 2070–0012 

721.10761 ............................. 2070–0012 

721.10762 ............................. 2070–0012 

721.10763 ............................. 2070–0012 

* * * * * 

PART 721—AMENDED 

■ 3. The authority citation for part 721 

continues to read as follows: 

Authority: 15 U.S.C. 2604, 2607, and 

2625(c). 

■ 4. Add § 721.10755 to subpart E to 

read as follows: 

§ 721.10755 Single-walled carbon 

nanotubes (generic). 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substance identified 

generically as single-walled carbon 

nanotubes (PMN P–10–5) is subject to 

reporting under this section for the 

significant new uses described in 

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

requirements of this rule do not apply 

to quantities of the PMN substance after 

it has been completely reacted (cured); 

embedded or incorporated into a 


ehiers on DSK2VPTVN1PROD with RULES
Federal Register / Vol. 79, No. 130 / Tuesday, July 8, 2014 / Rules and Regulations 38473 

polymer matrix that has been reacted 

(cured); or embedded in a permanent 

solid polymer form that is not intended 

to undergo further processing except for 

mechanical processing. 

(2) The significant new uses are: 

(i) Protection in the workplace. 

Requirements as specified in 

§ 721.63(a)(1), (a)(2)(i), (a)(2)(ii) 

(clothing that covers other exposed 

areas of the arms, legs, and torso), (a)(3), 

(a)(4) (National Institute for 

Occupational Safety and Health 

(NIOSH)-certified air-purifying, tightfitting full-face respirator equipped with 

N100 cartridges), (a)(6)(i), and (c). When 

determining which persons are 

reasonably likely to be exposed as 

required for § 721.63(a)(1) and (a)(4), 

engineering control measures (e.g., 

enclosure or confinement of the 

operation, general and local ventilation) 

or administrative control measures (e.g., 

workplace policies and procedures) 

shall be considered and implemented to 

prevent exposure, where feasible. 

(ii) Industrial, commercial, and 

consumer activities. Requirements as 

specified in § 721.80(k) (a significant 

new use is any use other than as a 

component for a conductive coating 

using the PMN substance in a 

dispersion or ink, and additive in 

resins/thermoplastics/elastomers for 

mechanical reinforcement.) and (q). 

(iii) Release to water. Requirements as 

specified in § 721.90(a)(1), (b)(1), and 

(c)(1), except for water releases 

determined by monitoring the 

concentration of the PMN substance in 

waste water effluent according to a 

monitoring procedure approved for such 

purpose by EPA and when the 

concentration of the PMN substance 

does not exceed 1 part per billion (ppb). 

EPA will review and act on written 

requests to approve monitoring 

procedures within 90 days after such 

requests are received. EPA will inform 

submitters of the disposition of such 

requests in writing, and will explain the 

reasons therefore when they are denied. 

(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), (c), (d), (e), (i), and (k) 

are applicable to manufacturers and 

processors of this substance. 

(2) Limitations or revocation of 

certain notification requirements. The 

provisions of § 721.185 apply to this 

section. 

(3) Determining whether a specific use 

is subject to this section. The provisions 

of § 721.1725(b)(1) apply to paragraphs 

(a)(2)(ii) and (a)(2)(iii) of this section. 

■ 5. Add § 721.10756 to subpart E to 

read as follows: 

§ 721.10756 Multi-walled carbon 

nanotubes (generic). 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substance identified 

generically as multi-walled carbon 

nanotubes (PMN P-11-339) is subject to 

reporting under this section for the 

significant new uses described in 

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

requirements of this rule do not apply 

to quantities of the PMN substance after 

it has been completely reacted (cured); 

embedded or incorporated into a 

polymer matrix that has been reacted 

(cured); or embedded in a permanent 

solid polymer form that is not intended 

to undergo further processing except for 

mechanical processing. 

(2) The significant new uses are: 

(i) Protection in the workplace. 

Requirements as specified in 

§ 721.63(a)(1), (a)(2)(i), (a)(2)(ii) 

(clothing that covers other exposed 

areas of the arms, legs, and torso), (a)(3), 

(a)(4) (National Institute for 

Occupational Safety and Health 

(NIOSH)-certified air-purifying, tightfitting full-face respirator equipped with 

N100, P100, or R100 cartridges), 

(a)(6)(i), and (c). When determining 

which persons are reasonably likely to 

be exposed as required for § 721.63(a)(1) 

and (a)(4), engineering control measures 

(e.g., enclosure or confinement of the 

operation, general and local ventilation) 

or administrative control measures (e.g., 

workplace policies and procedures) 

shall be considered and implemented to 

prevent exposure, where feasible. 

(ii) Industrial, commercial, and 

consumer activities. Requirements as 

specified in § 721.80(k) (a significant 

new use is any use other than as an 

additive in resins, thermoplastics, and 

elastomers for mechanical 

reinforcement and enhanced electrical 

performance, as a coating on metallic 

foils for battery applications, or in the 

manufacture of fabric composites.) and 

(q). 

(iii) Release to water. Requirements as 

specified in § 721.90(a)(1), (b)(1), and 

(c)(1), except for water releases 

determined by monitoring the 

concentration of the PMN substance in 

waste water effluent according to a 

monitoring procedure approved for such 

purpose by EPA and when the 

concentration of the PMN substance 

does not exceed 1 part per billion (ppb). 

EPA will review and act on written 

requests to approve monitoring 

procedures within 90 days after such 

requests are received. EPA will inform 

submitters of the disposition of such 

requests in writing, and will explain the 

reasons therefore when they are denied. 

(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), (c), (d), (e), (i), and (k) 

are applicable to manufacturers and 

processors of this substance. 

(2) Limitations or revocation of 

certain notification requirements. The 

provisions of § 721.185 apply to this 

section. 

(3) Determining whether a specific use 

is subject to this section. The provisions 

of § 721.1725(b)(1) apply to paragraphs 

(a)(2)(ii) and (a)(2)(iii) of this section. 

■ 6. Add § 721.10757 to subpart E to 

read as follows: 

§ 721.10757 Fatty acids, diesters with 

dihydroxy bicyclic diether (generic). 

(a) Chemical substances and 

significant new uses subject to reporting. 

(1) The chemical substances identified 

generically as fatty acids, diesters with 

dihydroxy bicyclic diether (PMNs P-12- 

100 and P-12-150) are subject to 

reporting under this section for the 

significant new uses described in 

paragraph (a)(2) of this section. 

(2) The significant new uses are: 

(i) Industrial, commercial, and 

consumer activities. Requirements as 

specified in § 721.80. A significant new 

use is any use other than as a polymer 

modifier or a seal swell additive for 

industrial applications. 

(ii) [Reserved] 

(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), (c), and (i) are 

applicable to manufacturers and 

processors of these substances. 

(2) Limitations or revocation of 

certain notification requirements. The 

provisions of § 721.185 apply to this 

section. 

■ 7. Add § 721.10758 to subpart E to 

read as follows: 

§ 721.10758 Thermolized wasted plastic 

(generic). 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substance identified 

generically as thermolized wasted 

plastic (PMN P-12-125) is subject to 

reporting under this section for the 

significant new uses described in 

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

requirements of this rule do not apply 

to quantities of the PMN substance after 


ehiers on DSK2VPTVN1PROD with RULES
38474 Federal Register / Vol. 79, No. 130 / Tuesday, July 8, 2014 / Rules and Regulations 

it has been completely fractionated, 

distilled, or chemically reacted resulting 

in the manufacture of one or more new 

chemical substances subject to PMN 

review or other chemical substances 

listed on the TSCA Inventory. 

(2) The significant new uses are: 

(i) Hazard communication program. 

Requirements as specified in 

§ 721.72(a), (b), (c), (d), (e)(concentration 

set at 0.1 percent), (f), (g)(1)(i) to 

(g)(1)(ix), (g)(2)(i) to (g)(2)(v), (g)(3)(i), 

(g)(3)(ii), and (g)(5). 

(ii) Industrial, commercial, and 

consumer activities. Requirements as 

specified in § 721.80(k) (a significant 

new use is any use other than as 

allowed by the TSCA section 5(e) 

consent order which includes analysis 

and reporting and limitations of 

maximum levels of polychlorinated 

dibenzo-p-dioxin and polychlorinated 

dibenzofuran impurities and monitoring 

the pH of the aqueous effluent stream 

from the manufacturing process as 

outlined in the Consent Order.) 

(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), (c), (f), (g), (h), and (i) 

are applicable to manufacturers and 

processors of this substance. 

(2) Limitations or revocation of 

certain notification requirements. The 

provisions of § 721.185 apply to this 

section. 

(3) Determining whether a specific use 

is subject to this section. The provisions 

of § 721.1725(b)(1) apply to paragraph 

(a)(2)(ii) of this section. 

■ 8. Add § 721.10759 to subpart E to 

read as follows: 

§ 721.10759 Polyphosphoric acids, esters 

with substituted amines, compounds with 

alkyl pyridines (generic). 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substance identified 

generically as polyphosphoric acids, 

esters with substituted amines, 

compounds with alkyl pyridines (PMN 

P-13-369) is subject to reporting under 

this section for the significant new uses 

described in paragraph (a)(2) of this 

section. 

(2) The significant new uses are: 

(i) Industrial, commercial, and 

consumer activities. Requirements as 

specified in § 721.80. A significant new 

use is any use of the PMN substance 

other than as a solids conglomeration 

additive for down-hole treatment of oil 

and gas wells to prevent the undesirable 

production of solids. 

(ii) Disposal. Requirements as 

specified in § 721.85(a)(1). 

(iii) Release to water. Requirements as 

specified in § 721.90(a)(4), (b)(4), and 

(c)(4) (N=8) (for marine discharges, a 

dilution factor of 65 should be applied). 

(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), (c), (i), (j), and (k) are 

applicable to manufacturers and 

processors of this substance. 

(2) Limitations or revocation of 

certain notification requirements. The 

provisions of § 721.185 apply to this 

section. 

■ 9. Add § 721.10760 to subpart E to 

read as follows: 

§ 721.10760 Zinc carboxylate salt 

(generic). 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substance identified 

generically as zinc carboxylate salt 

(PMN P-13-854) is subject to reporting 

under this section for the significant 

new uses described in paragraph (a)(2) 

of this section. 

(2) The significant new uses are: 

(i) Release to water. Requirements as 

specified in § 721.90 (a)(4), (b)(4), and 

(c)(4) (N=3). 

(ii) [Reserved] 

(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), (c), and (k) are 

applicable to manufacturers and 

processors of this substance. 

(2) Limitations or revocation of 

certain notification requirements. The 

provisions of § 721.185 apply to this 

section. 

■ 10. Add § 721.10761 to subpart E to 

read as follows: 

§ 721.10761 Fatty acid amide (generic). 

(a) Chemical substances and 

significant new uses subject to reporting. 

(1) The chemical substances identified 

generically as fatty acid amide (PMNs P14-12, P-14-13, P-14-15, P-14-16) are 

subject to reporting under this section 

for the significant new uses described in 

paragraph (a)(2) of this section. 

(2) The significant new uses are: 

(i) Industrial, commercial, and 

consumer activities. Requirements as 

specified in § 721.80. A significant new 

use is any use of the PMN substance 

other than as an emulsifier for use in 

asphalt applications. 

(ii) [Reserved] 

(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), (c), and (i) are 

applicable to manufacturers and 

processors of these substances. 

(2) Limitations or revocation of 

certain notification requirements. The 

provisions of § 721.185 apply to this 

section. 

■ 11. Add § 721.10762 to subpart E to 

read as follows: 

§ 721.10762 1,1′- 

methylenebis[isocyanatobenzene], polymer 

with polycarboxylic acids in alkane polyols 

(generic). 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substance identified 

generically as 1,1′- 

methylenebis[isocyanatobenzene], 

polymer with polycarboxylic acids in 

alkane polyols (PMN P-14-60) is subject 

to reporting under this section for the 

significant new uses described in 

paragraph (a)(2) of this section. 

(2) The significant new uses are: 

(i) Protection in the workplace. 

Requirements as specified in 

§ 721.63(a)(4), (a)(6)(i) through (a)(6)(iv), 

and (c). When determining which 

persons are reasonably likely to be 

exposed as required for § 721.63(a)(4), 

engineering control measures (e.g., 

enclosure or confinement of the 

operation, general and local ventilation) 

or administrative control measures (e.g., 

workplace policies and procedures) 

shall be considered and implemented to 

prevent exposure, where feasible. The 

following National Institute for 

Occupational Safety and Health 

(NIOSH)-certified respirators with an 

assigned protection factor (APF) of at 

least 10 meet the requirements of 

§ 721.63(a)(4): 

(A) NIOSH-certified power airpurifying respirator with a hood or 

helmet and with appropriate gas/vapor 

(acid gas, organic vapor, or substance 

specific) cartridges in combination with 

HEPA filters; 

(B) NIOSH-certified continuous flow 

supplied-air respirator equipped with a 

loose fitting facepiece, hood, or helmet; 

and 

(C) NIOSH-certified negative pressure 

(demand) supplied-air respirator with a 

full facepiece. 

(ii) Industrial, commercial, and 

consumer activities. Requirements as 

specified in § 721.80(o). 

(b) Specific requirements. The 

provisions of subpart A of this part 


ehiers on DSK2VPTVN1PROD with RULES
Federal Register / Vol. 79, No. 130 / Tuesday, July 8, 2014 / Rules and Regulations 38475 

apply to this section except as modified 

by this paragraph. 

(1) Recordkeeping. Recordkeeping 

requirements as specified in 

§ 721.125(a), (b), (c), (d), and (i) are 

applicable to manufacturers and 

processors of this substance. 

(2) Limitations or revocation of 

certain notification requirements. The 

provisions of § 721.185 apply to this 

section. 

■ 12. Add § 721.10763 to subpart E to 

read as follows: 

§ 721.10763 Alkanaminium, [substituted 

carbomonocycle 

[(alkylamino)carbomonocycle]alkylene]- 

substituted carbomonocycle, carboxylate 

salt (generic). 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substance identified 

generically as alkanaminium, 

[substituted carbomonocycle 

[(alkylamino)carbomonocycle]alkylene]- 

substituted carbomonocycle, 

carboxylate salt (PMN P-14-143) is 

subject to reporting under this section 

for the significant new uses described in 

paragraph (a)(2) of this section. 

(2) The significant new uses are: 

(i) Release to water. Requirements as 

specified in § 721.90(a)(4), (b)(4), and 

(c)(4) (N=1). 

(ii) [Reserved] 

(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), (c), and (k) are 

applicable to manufacturers and 

processors of this substance. 

(2) Limitations or revocation of 

certain notification requirements. The 

provisions of § 721.185 apply to this 

section. 

[FR Doc. 2014–15874 Filed 7–7–14; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 131231999–4319–01] 

RIN 0648–XD351 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; 2014 

Commercial Accountability Measure 

and Closure for Deep-Water Complex 

in the South Atlantic Region 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS implements 

accountability measures (AMs) for the 

commercial deep-water complex in the 

exclusive economic zone (EEZ) of the 

South Atlantic. Commercial landings for 

the deep-water complex, as estimated by 

the Science and Research Director, are 

projected to reach the commercial 

annual catch limit (ACL) on July 10, 

2014. Therefore, NMFS is closing the 

commercial sector for the deep-water 

complex in the South Atlantic EEZ on 

July 10, 2014, and it will remain closed 

until the start of the next fishing season, 

January 1, 2015. This closure is 

necessary to protect the deep-water 

complex resource. 

DATES: This rule is effective 12:01 a.m., 

local time, July 10, 2014, until 12:01 

a.m., local time, January 1, 2015. 

FOR FURTHER INFORMATION CONTACT: 

Catherine Hayslip, telephone: 727–824– 

5305, email: Catherine.Hayslip@

noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

snapper-grouper fishery of the South 

Atlantic includes the deep-water 

complex and is managed under the 

Fishery Management Plan for the 

Snapper-Grouper Fishery of the South 

Atlantic Region (FMP). The deep-water 

complex in the South Atlantic includes 

yellowedge grouper, silk snapper, misty 

grouper, queen snapper, sand tilefish, 

black snapper, and blackfin snapper. 

The FMP was prepared by the South 

Atlantic Fishery Management Council 

and is implemented under the authority 

of the Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act) by regulations 

at 50 CFR part 622. 

Given new stock assessment results 

that indicated the blueline tilefish stock 

is overfished and undergoing 

overfishing in the South Atlantic, NMFS 

published an emergency rule (79 FR 

21636, April 17, 2014) to remove 

blueline tilefish from the deep-water 

complex and establish separate 

commercial and recreational ACLs and 

AMs for blueline tilefish and for the 

deep-water complex in the EEZ of the 

South Atlantic. That emergency rule 

implemented an updated commercial 

ACL for the deep-water complex in the 

South Atlantic of 60,371 lb (27,384 kg), 

round weight. The emergency rule is 

effective April 17, 2014, through 

October 14, 2014, unless superseded by 

subsequent rulemaking. NMFS may 

extend the rule’s effectiveness for an 

additional 186 days pursuant to the 

Magnuson-Stevens Act. 

Under 50 CFR 622.193(z)(1), NMFS is 

required to close the commercial sector 

for the deep-water complex when the 

commercial ACL is reached, or is 

projected to be reached, by filing a 

notification to that effect with the Office 

of the Federal Register. NMFS has 

determined that the commercial ACL for 

the South Atlantic deep-water complex 

will have been reached by July 10, 2014. 

Accordingly, the commercial sector for 

the South Atlantic deep-water complex 

is closed effective 12:01 a.m., local time, 

July 10, 2014, until 12:01 a.m., local 

time, January 1, 2015. 

The operator of a vessel with a valid 

commercial vessel permit for South 

Atlantic snapper-grouper having any 

deep-water complex species onboard 

must have landed and bartered, traded, 

or sold such species prior to 12:01 a.m., 

local time, July 10, 2014. During the 

closure, all sale or purchase of the deepwater complex species is prohibited and 

harvest or possession of the deep-water 

complex species in or from the South 

Atlantic EEZ is limited to the bag and 

possession limits specified in 50 CFR 

622.187(b)(2) and 622.187(c)(1), 

respectively. These bag and possession 

limits apply in the South Atlantic on 

board a vessel for which a valid Federal 

commercial or charter vessel/headboat 

permit for South Atlantic snappergrouper has been issued, without regard 

to where such species were harvested, 

i.e., in state or Federal waters. The 

prohibition on sale or purchase does not 

apply to the sale or purchase of the 

deep-water complex species that were 

harvested, landed ashore, and sold prior 

to 12:01 a.m., local time, July 10, 2014, 

and were held in cold storage by a 

dealer or processor. 

Classification 

The Regional Administrator, 

Southeast Region, NMFS, has 

determined this temporary rule is 

necessary for the conservation and 

management of the deep-water complex 

and the South Atlantic snapper-grouper 

fishery and is consistent with the 

Magnuson-Stevens Act, the FMP, and 

other applicable laws. 

This action is taken under 50 CFR 

622.193(z)(1) and is exempt from review 

under Executive Order 12866. 

These measures are exempt from the 

procedures of the Regulatory Flexibility 

Act because the temporary rule is issued 

without opportunity for prior notice and 

comment. 

This action responds to the best 

available scientific information recently 

obtained from the fishery. The Assistant 

Administrator for Fisheries, NOAA, 

(AA), finds that the need to immediately 

implement this action to close the 


ehiers on DSK2VPTVN1PROD with RULES