Federal Register / Vol. 76, No. 174 / Thursday, September 8, 2011 / Rules and Regulations 55583 

1Each CAS Registry Number (often referred to as 

a CAS Number): Is a unique numeric identifier, 

designates only one substance, and has no chemical 

significance. From the CAS Web site: http://www.

cas.org/expertise/cascontent/registry/regsys.html. 

2Petition for Rulemaking Correction, CAS 

Numbers in Title 40, Code of Federal Regulations, 

Section 302.4, Table 302.4—List of Hazardous 

Substances and Reportable Quantities, Appendix A 

to Section 302.4—Sequential CAS Registry Number 

List of CERCLA Hazardous Substances, and Section 

116.4 Designation of Hazardous Substances. 

(1) Rule 2.41, ‘‘Expandable 

Polystyrene Manufacturing Operations,’’ 

adopted on September 10, 2008. 

* * * * * 

[FR Doc. 2011–22975 Filed 9–7–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 116 and 302 

[EPA–HQ–SFUND–2011–0565; FRL–9460–9] 

Designation of Hazardous Substances; 

Designation, Reportable Quantities, 

and Notification 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; technical 

amendment. 

SUMMARY: EPA is issuing a technical 

amendment to correct, by removal of 

three Chemical Abstracts Service 

Registry Numbers that were erroneously 

included in the list of hazardous 

substances under the Comprehensive 

Environmental Response, 

Compensation, and Liability Act. 

DATES: This final rule is effective on 

September 8, 2011. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–SFUND–2011–0565. All 

documents in the docket are listed on 

the http://www.regulations.gov Web 

site. Although listed in the index, some 

information is not publicly available, 

e.g., CBI or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

http://www.regulations.gov or in hard 

copy at the Superfund Docket, EPA/DC, 

EPA West, Room 3334, 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 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the 

Superfund Docket is (202) 566–0276. 

FOR FURTHER INFORMATION CONTACT: 

Lynn Beasley, Regulation and Policy 

Development Division, Office of 

Emergency Management (5104A), 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460; telephone number: (202) 

564–1965; fax number: (202) 564–2625; 

e-mail address: beasley.lynn@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

Type of entity Examples of affected entities 

Federal Agencies ........................ National Response Center and any Federal agency that may release or respond to releases of hazardous 

substances. 

State and Local Governments .... State Emergency Response Commissions, and Local Emergency Planning Committees. 

Responsible Parties .................... Those entities responsible for the release of a hazardous substance from a vessel or facility. Those entities 

with an interest in the substances incorrectly identified by their Chemical Abstracts Service Registry Number(s) as a hazardous substance. 

This table is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

regulated by this action. This table lists 

the types of entities that EPA is now 

aware could potentially be regulated by 

this action. Other types of entities not 

listed in the table could also be 

regulated. If you have questions 

regarding the applicability of this action 

to a particular entity, consult the person 

listed in the preceding FOR FURTHER

INFORMATION CONTACT section. 

B. How can I get copies of this document 

and other related information? 

The current information is as follows: 

• Docket ID No. EPA–HQ–SFUND– 

2011–0565. 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. 

II. What does this correction do? 

This technical amendment is a 

correction to remove three Chemical 

Abstracts Service (CAS) Registry 

Numbers that were erroneously 

identified with Sodium Phosphate, 

tribasic, from the following Title 40 of 

the Code of Federal Regulations: Table 

116.4 A—List of Hazardous Substances; 

Table 116.4 B—List of Hazardous 

Substances by CAS Number; Table 

302.4—List of Hazardous Substances 

and Reportable Quantities; and 

Appendix A to section 302.4— 

Sequential CAS Registry Number List of 

CERCLA Hazardous Substances. The 

three correct Chemical Abstracts Service 

Registry Numbers remain on these 

tables. 

On March 13, 1978, EPA issued a 

final rule in the Federal Register that 

designated hazardous substances under 

the authority of section 311(b)(2)(A) of 

the Federal Water Pollution Control Act 

(aka, Clean Water Act or CWA). On 

April 4, 1985, EPA issued a final rule in 

the Federal Register that designated 

hazardous substances and adjusted the 

reportable quantities under the 

authority of section 102(a) of the 

Comprehensive Environmental 

Response, Compensation, and Liability 

Act (CERCLA). In both of these rules, 

Sodium Phosphate, tribasic was 

designated as a hazardous substance. 

For the convenience of the user, 

hazardous substances are presented in 

Tables and an Appendix that include 

the CAS Registry Number for each 

hazardous substance. In some cases, a 

chemical name may have more than one 

CAS Registry Number associated with it 

due to the chemical’s various forms; 

however, CAS Registry Numbers are 

unique to a chemical or substance.1

That is, two substances or forms of a 

substance do not have the same CAS 

Registry Number. Sodium Phosphate, 

tribasic has three CAS Registry Numbers 

associated with its chemical name. 

Those CAS Registry Numbers are 7601– 

54–9, 10101–89–0, and 13061–89–4. 

The first, 7601–54–9 is associated with 

the sodium salt of Sodium Phosphate, 

tribasic. The second, 10101–89–0 is 

associated with the dodecahydrate (i.e., 

12 H2O) form of Sodium Phosphate, 

tribasic. And the third, 10361–89–4 is 

associated with the decahydrate (i.e., 10 

H2O) form of Sodium Phosphate, 

tribasic. Those CAS Registry Numbers 

will continue to appear on the above 

cited tables and lists in Title 40 of the 

Code of Federal Regulations. 

A petition from the International Food 

Additives Counsel,2 dated March 14, 


erowe on DSK5CLS3C1PROD with RULES
55584 Federal Register / Vol. 76, No. 174 / Thursday, September 8, 2011 / Rules and Regulations 

2007, brought to the attention of the 

Agency that several CAS Registry 

Numbers were erroneously identified 

with the designated hazardous 

substance, Sodium Phosphate, tribasic. 

The erroneous CAS Registry Numbers in 

fact belong to three non-hazardous 

chemicals; Sodium Trimetaphosphate 

(STMP), Sodium Tripolyphosphate 

(STPP), and Sodium 

Hexametaphosphate (SHMP). The 

erroneous CAS Registry Numbers 

associated with Sodium Phosphate, 

tribasic have caused, and will continue 

to cause regulatory confusion until they 

are removed from the effected Tables 

and Appendix. As such, EPA is 

removing the three CAS Registry 

Numbers that are erroneously associated 

with Sodium Phosphate, tribasic and 

leaving the correct CAS Registry 

Numbers in each of the effected Tables 

and Appendix. 

III. Why is this correction issued as a 

final rule? 

Section 553 of the Administrative 

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

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

Agency for good cause finds that notice 

and public procedure are impracticable, 

unnecessary or contrary to the public 

interest, the agency may issue a final 

rule without providing notice and an 

opportunity for public comment. EPA 

has determined that there is good cause 

for making this technical amendment 

final without prior proposal and 

opportunity for comment, because EPA 

is merely correcting information that is 

confusing to the public because it 

provides erroneous information about a 

hazardous substance. Three of the six 

CAS Registry Numbers identified with 

the hazardous substance, Sodium 

Phosphate, tribasic in fact belong to 

three non-hazardous substances. CAS 

Registry Numbers are provided for the 

convenience of the public to aid in the 

identification of the designated 

hazardous substances. The association 

of the three CAS Registry Numbers that 

belong to three non-hazardous 

substances with Sodium Phosphate, 

tribasic was an error. It is important that 

the public has accurate and correct 

regulatory information. EPA finds that 

this constitutes good cause under 5 

U.S.C. 553(b)(B). 

IV. Do any of the statutory and 

Executive Order reviews apply to this 

action? 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this action is 

not a ‘‘significant regulatory action’’ and 

is therefore not subject to OMB review. 

Because this action is not subject to 

notice and comment requirements 

under the Administrative Procedures 

Act or any other statute, it is not subject 

to the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.) or Sections 202 and 

205 of the Unfunded Mandates Reform 

Act of 1999 (UMRA) (Pub. L. 104–4). In 

addition, this action does not 

significantly or uniquely affect small 

governments. This action does not 

create new binding legal requirements 

that substantially and directly affect 

Tribes under Executive Order 13175 (63 

FR 67249, November 9, 2000). This 

action does not have significant 

Federalism implications under 

Executive Order 13132 (64 FR 43255, 

August 10, 1999). Because this final rule 

has been exempted from review under 

Executive Order 12866, this final 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) or Executive Order 13045, 

entitled Protection of Children from 

Environmental Health Risks and Safety 

Risks (62 FR 19885, April 23, 1997). 

This final rule does not contain any 

information collections subject to OMB 

approval under the Paperwork 

Reduction Act (PRA), 44 U.S.C. 3501 et 

seq., nor does it require any special 

considerations under Executive Order 

12898, entitled Federal Actions to 

Address Environmental Justice in 

Minority Populations and Low-Income 

Populations (59 FR 7629, February 16, 

1994). This action does not involve 

technical standards; thus, the 

requirements of Section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply. 

A. 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 to the Comptroller General 

of the United States. Section 808 allows 

the issuing agency to make a rule 

effective sooner than otherwise 

provided by the CRA if the agency 

makes a good cause finding that notice 

and public procedure is impracticable, 

unnecessary or contrary to the public 

interest. This determination must be 

supported by a brief statement. 5 U.S.C. 

808(2). As stated previously, EPA has 

made such a good cause finding, 

including the reasons therefore, and 

established an effective date of 

September 8, 2011. 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 116 

Environmental protection, Hazardous 

substances, Reporting and 

recordkeeping requirements, Water 

pollution control. 

40 CFR Part 302 

Environmental protection, Air 

pollution control, Chemicals, Hazardous 

substances, Hazardous waste, 

Intergovernmental relations, Natural 

resources, Reporting and recordkeeping 

requirements, Superfund, Water 

pollution control, Water supply. 

Dated: August 30, 2011. 

Mathy Stanislaus, 

Assistant Administrator, Office of Solid Waste 

and Emergency Response. 

For the reasons set out above, title 40, 

chapter I of the Code of Federal 

Regulations is amended as follows: 

PART 116—DESIGNATION OF 

HAZARDOUS SUBSTANCES 

■ 1. The authority citation for part 116 

continues to read as follows: 

Authority: Secs. 311(b)(2)(A) and 501(a), 

Federal Water Pollution Control Act (33 

U.S.C. 1251 et seq.) 

■ 2. In § 116.4: 

■ a. Table 116.4A—List of Hazardous 

Substances is amended by revising the 

entry for Sodium phosphate, tribasic; 

and 

■ b. Table 116.4B—List of Hazardous 

Substances by CAS Number is amended 

by removing the following entries: 

7758294, 7785844, and 10124568. 

The revision reads as follows: 

§ 116.4 Designation of hazardous 

substances. 

* * * * * 


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Federal Register / Vol. 76, No. 174 / Thursday, September 8, 2011 / Rules and Regulations 55585 

TABLE 116.4A—LIST OF HAZARDOUS SUBSTANCES

Common name CAS No. Synonyms Isomers CAS No. 

*******

Sodium phosphate, tribasic .......................... 7601549 

10101890 

10361894 

* * * * * * * 

* * * * * 

PART 302—DESIGNATION, 

REPORTABLE QUANTITIES, AND 

NOTIFICATION 

■ 3. The authority citation for part 302 

continues to read as follows: 

Authority: 42 U.S.C. 9602, 9603, and 9604; 

33 U.S.C. 1321 and 1361. 

■ 4. In § 302.4: 

■ a. Table 302.4—List of Hazardous 

Substances and Reportable Quantities is 

amended by revising the entry for 

Sodium phosphate, tribasic; and 

■ b. Appendix A to § 302.4—Sequential 

CAS Registry Number List of CERCLA 

Hazardous Substances is amended by 

removing the following entries: 

7758294, 7785844, and 10124568. 

The revision reads as follows: 

§ 302.4 Designation of hazardous 

substances. 

* * * * * 

TABLE 302.4—LIST OF HAZARDOUS SUBSTANCES AND REPORTABLE QUANTITIES

Hazardous substance CASRN Statutory code† RCRA waste No. Final RQ pounds 

(Kg) 

*******

Sodium phosphate, tribasic .................................................................. 7601–54–9 

10101–89–0 

10361–89–4 

1 ............................ 5000 (2270) 

* * * * * * * 

* * * * * 

[FR Doc. 2011–22887 Filed 9–7–11; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 73 and 79 

[MB Docket No. 11–43; FCC 11–126] 

Video Description: Implementation of 

the Twenty-First Century 

Communications and Video 

Accessibility Act of 2010 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: This Order reinstates the 

video description rules adopted by the 

Commission in 2000. ‘‘Video 

description,’’ which is the insertion of 

audio narrated descriptions of a 

television program’s key visual elements 

into natural pauses in the program’s 

dialogue, makes video programming 

more accessible to individuals who are 

blind or visually impaired. The Order 

reinstates the requirement that largemarket broadcast affiliates of the top 

four national networks, and 

multichannel video programming 

distributor systems (‘‘MVPDs’’) with 

more than 50,000 subscribers, provide 

video description. It also reinstates the 

requirement that that all networkaffiliated broadcasters (commercial or 

non-commercial) and all MVPDs pass 

through any video description provided 

with network programming they carry, 

to the extent that they are technically 

capable of doing so and when that 

technical capability is not being used for 

another purpose related to the 

programming. 

DATES: Effective date: October 11, 2011, 

except for 47 CFR 79.3(d) and (e), which 

contain information collection 

requirements that have not been 

approved by OMB. The Federal 

Communications Commission will 

publish a document in the Federal 

Register announcing the effective date. 

The incorporation by reference of 

certain publications listed in the rule is 

approved by the Director of the Federal 

Register as of October 11, 2011. 

Compliance date: October 1, 2012. 

FOR FURTHER INFORMATION CONTACT: Lyle 

Elder, Lyle.Elder@fcc.gov of the Policy 

Division, Media Bureau, (202) 418– 

2120. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Federal 

Communications Commission’s Report 

and Order in MB Docket No. 11–43, FCC 

11–126, adopted August 24, 2011, and 

released August 25, 2011. The full text 

of this document is available for public 

inspection and copying during regular 

business hours in the FCC Reference 

Center, Federal Communications 

Commission, 445 12th Street, SW., CY– 

A257, Washington, DC 20554. These 

documents will also be available via 

ECFS (http://www.fcc.gov/cgb/ecfs/). 

(Documents will be available 

electronically in ASCII, Word 97, and/ 

or Adobe Acrobat.) The complete text 

may be purchased from the 

Commission’s copy contractor, 445 12th 

Street, SW., Room CY–B402, 

Washington, DC 20554. To request this 

document in accessible formats 

(computer diskettes, large print, audio 

recording, and Braille), send an e-mail 

to fcc504@fcc.gov or call the 

Commission’s Consumer and 

Governmental Affairs Bureau at (202) 

418–0530 (voice), (202) 418–0432 

(TTY). 


erowe on DSK5CLS3C1PROD with RULES