48924 Federal Register / Vol. 77, No. 158 / Wednesday, August 15, 2012 / Proposed Rules 

EPA will address all public comments 

in a subsequent final rule based on this 

proposed rule. EPA will not institute a 

second comment period on this action. 

Any parties interested in commenting 

on this action should do so at this time. 

List of Subjects in 40 CFR Part 49 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Indians, 

Intergovernmental relations, Reporting 

and recordkeeping requirements. 

Dated: August 1, 2012. 

James B. Martin, 

Regional Administrator, Region 8. 

[FR Doc. 2012–19697 Filed 8–14–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 721 

[EPA–HQ–OPPT–2012–0268; FRL–9358–7] 

RIN 2070–AJ95 

Perfluoroalkyl Sulfonates and LongChain Perfluoroalkyl Carboxylate 

Chemical Substances; Proposed 

Significant New Use Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: Under the Toxic Substances 

Control Act (TSCA), EPA is proposing to 

amend a significant new use rule 

(SNUR) for perfluoroalkyl sulfonate 

(PFAS) chemical substances to add 

PFAS chemical substances that have 

completed the TSCA new chemical 

review process but have not yet 

commenced production or import, and 

to designate (for all listed PFAS 

chemical substances) processing as a 

significant new use. EPA is also 

proposing a SNUR for long-chain 

perfluoroalkyl carboxylate (LCPFAC) 

chemical substances that would 

designate manufacturing, importing, or 

processing for use as part of carpets or 

for treating carpet (e.g., for use in the 

carpet aftercare market) as a significant 

new use. For this SNUR, EPA is also 

proposing to make the article exemption 

inapplicable to the import of LCPFAC 

chemical substances as part of carpets. 

Persons subject to these SNURs would 

be required to notify EPA at least 90 

days before commencing any significant 

new use. The required notifications 

would provide EPA with the 

opportunity to evaluate the intended 

use and, if necessary, to prohibit or limit 

that activity before it occurs. 

DATES: Comments must be received on 

or before October 15, 2012. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPPT–2012–0268, by 

one of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• 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: OPPT Document 

Control Office (DCO), EPA East Bldg., 

Rm. 6428, 1201 Constitution Ave., NW., 

Washington, DC. Attention: Docket ID 

number EPA–HQ–OPPT–2012–0268. 

The DCO is open from 8 a.m. to 4 p.m., 

Monday through Friday, excluding legal 

holidays. The telephone number for the 

DCO is (202) 564–8930. Such deliveries 

are only accepted during the DCO’s 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

docket ID number EPA–HQ–OPPT– 

2012–0268. EPA’s policy is that all 

comments received will be included in 

the docket without change and may be 

made available on-line at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through regulations.gov or 

email. The regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an email comment directly 

to EPA without going through 

regulations.gov, your email address will 

be automatically captured and included 

as part of the comment that is placed in 

the docket and made available on the 

Internet. If you submit an electronic 

comment, EPA recommends that you 

include your name and other contact 

information in the body of your 

comment and with any disk or CD–ROM 

you submit. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. For additional information 

about EPA’s public docket, visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the docket 

are listed in the docket index available 

in regulations.gov. To access the 

electronic docket, go to http:// 

www.regulations.gov; select ‘‘Advanced 

Search,’’ then ‘‘Docket Search.’’ Insert 

the docket ID number where indicated 

and select the ‘‘Submit’’ button. Follow 

the instructions on the regulations.gov 

web site to view the docket index or 

access available documents. Although 

listed in the index, some information is 

not publicly available, e.g., Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available electronically at 

http://www.regulations.gov, or, if only 

available in hard copy, at the OPPT 

Docket. The OPPT Docket is located in 

the EPA Docket Center (EPA/DC) at Rm. 

3334, EPA West Bldg., 1301 

Constitution Ave. NW., Washington, 

DC. The EPA/DC Public Reading Room 

hours of operation are 8:30 a.m. to 4:30 

p.m., Monday through Friday, excluding 

Federal holidays. The telephone number 

of the EPA/DC Public Reading Room is 

(202) 566–1744, and the telephone 

number for the OPPT Docket is (202) 

566–0280. Docket visitors are required 

to show photographic identification, 

pass through a metal detector, and sign 

the EPA visitor log. All visitor bags are 

processed through an X-ray machine 

and subject to search. Visitors will be 

provided an EPA/DC badge that must be 

visible at all times in the building and 

returned upon departure. 

FOR FURTHER INFORMATION CONTACT: For 

technical information contact: 

Katherine Sleasman, Chemical Control 

Division (7405M), Office of Pollution 

Prevention and Toxics, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave. NW., Washington, DC 20460–0001; 

telephone number: 202–564–7716; 

email address: sleasman.katherine@ 

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: TSCAHotline@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 import any of the chemical 

substances listed in Table 4 of this unit. 

Potentially affected entities may 

include, but are not limited to: 


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Federal Register / Vol. 77, No. 158 / Wednesday, August 15, 2012 / Proposed Rules 48925 

• Manufacturers or importers of one 

or more of subject chemical substances 

(North American Industrial 

Classification System (NAICS) codes 

325 and 324110); e.g., chemical 

manufacturing and petroleum refineries, 

• Carpet and rug mills (NAICS code 

314110), 

• Fiber, yarn, and thread mills 

(NAICS code 31311), 

• Home furnishing merchant 

wholesalers (NAICS code 423220), and 

• Carpet and upholstery cleaning 

services (NAICS code 561740). 

This listing is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

affected by this action. Other types of 

entities not listed in this unit could also 

be affected. The North American 

Industrial Classification System 

(NAICS) codes have been provided to 

assist you and others in determining 

whether this action might apply to 

certain entities. To determine whether 

you or your business may be affected by 

this action, you should carefully 

examine the applicability provisions in 

40 CFR 721.5, 40 CFR 721.9582, and 

proposed 40 CFR 721.10536. If you have 

any questions regarding the 

applicability of this action to a 

particular entity, consult the technical 

person listed under FOR FURTHER

INFORMATION CONTACT. 

This action may also affect certain 

entities through pre-existing import 

certification and export notification 

rules under TSCA. Persons who import 

any chemical substance governed by a 

final SNUR are subject to the TSCA 

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

certification requirements and the 

corresponding regulations at 19 CFR 

12.118 through 12.127; see also 19 CFR 

127.28. Those persons must certify that 

the shipment of the chemical substance 

complies with all applicable rules and 

orders under TSCA, including any 

SNUR requirements. The EPA policy in 

support of import certification appears 

at 40 CFR part 707, subpart B. In 

addition, any persons who export or 

intend to export a chemical substance 

that is the subject of this proposed rule 

on or after September 14, 2012 are 

subject to the export notification 

provisions of TSCA section 12(b) (15 

U.S.C. 2611(b)), (see 40 CFR 721.20), 

and must comply with the export 

notification requirements in 40 CFR part 

707, subpart D. 

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 that you mail to EPA 

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? 

Under section 5(a)(2) of TSCA, EPA is 

proposing to amend a SNUR at 

§ 721.9582 for PFAS chemical 

substances to add PFAS chemical 

substances that have completed the 

TSCA new chemical review process but 

have not yet commenced production or 

import, and to designate (for all listed 

PFAS chemical substances) processing 

as a significant new use. EPA is also 

proposing a SNUR for LCPFAC 

chemical substances that would 

designate manufacturing, importing, or 

processing for use as part of carpets or 

for treating carpet (e.g., for use in the 

carpet aftercare market) as a significant 

new use. For this SNUR, EPA is also 

proposing to make the article exemption 

at § 721.45(f) inapplicable to persons 

who import LCPFAC chemical 

substances as part of carpets because if 

in the future LCPFAC are incorporated 

in carpets and then imported, exposure 

would increase. However, the article 

exemption at § 721.45(f) would be in 

effect for persons who import LCPFAC 

chemical substances as part of other 

sorts of articles. The article exemption 

at § 721.45(f) relating to persons who 

process chemical substances as part of 

an article would also be in effect, for 

both the PFAS SNUR and the LCPFAC 

SNUR. On December 30, 2009, EPA 

issued the ‘‘Long-Chain Perfluorinated 

Chemicals (PFCs) Action Plan’’ (Ref. 1). 

Today’s action is consistent with the 

purpose of that Action Plan. EPA is 

continuing to assess these chemicals to 

determine what other actions would be 

warranted. 

In this proposal, the term PFAS refers 

to a general category of perfluorinated 

sulfonate chemical substances of any 

chain length. The PFAS chemical 

substances for which EPA is proposing 

to modify an existing SNUR are 

currently listed in § 721.9582 in 

paragraph (a)(1). The PFAS chemical 

substances that EPA is proposing to add 

to an existing SNUR would be added to 

this list. All of these chemical 

substances are collectively referred to in 

this proposed rule as perfluoroalkyl 

sulfonates, or PFAS chemical 

substances. 

The term LCPFAC refers to the longchain category of perfluorinated 

carboxylate chemical substances with 

perfluorinated carbon chain lengths 

equal to or greater than seven carbons. 

The category of LCPFAC chemical 

substances also includes the salts and 

precursors of these perfluorinated 

carboxylates. See Unit IV.A for the 

specific definition of the LCPFAC 

category. 

B. What is the agency’s authority for 

taking this action? 

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

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

that a use of a chemical substance is a 

‘‘significant new use.’’ EPA must make 

this determination by rule after 

considering all relevant factors, 

including those listed in TSCA section 

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

of a chemical substance is a significant 

new use, 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, 

import, or process the chemical 

substance for that use (15 U.S.C. 

2604(a)(1)(B)). As described in Unit 

II.C., the general SNUR provisions are 

found at 40 CFR part 721, subpart A. 


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48926 Federal Register / Vol. 77, No. 158 / Wednesday, August 15, 2012 / Proposed Rules 

C. Applicability of General Provisions 

General provisions for SNURs appear 

under 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 final rule. However, 

EPA is proposing that the articles 

exemption at 40 CFR 721.45(f) would 

not apply to imports of LCPFAC 

chemical substances as part of carpets 

under this proposed SNUR. As a result, 

persons subject to the provisions of this 

proposed rule would not be exempt 

from significant new use reporting if 

they import LCPFAC chemical 

substances as part of carpets. However, 

EPA is proposing that the articles 

exemption remain in effect for persons 

who process chemical substances as 

part of an article because, with respect 

to carpets, existing stocks may still 

contain LCPFAC substances. Provisions 

relating to user fees appear at 40 CFR 

part 700. According to 40 CFR 721.1(c), 

persons subject to SNURs must comply 

with the same notice requirements and 

EPA regulatory procedures as submitters 

of Premanufacture Notices (PMNs) 

under TSCA section 5(a)(1)(A). In 

particular, these requirements include 

the information submissions 

requirements of TSCA section 5(b) and 

5(d)(1), the exemptions authorized by 

TSCA section 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 section 5(e), 5(f), 6 or 7 to control 

the activities on which it has received 

the SNUN. If EPA does not take action, 

EPA is required under TSCA section 

5(g) to explain in the Federal Register 

its reasons for not taking action. 

Persons who export or intend to 

export a chemical substance identified 

in a proposed or final SNUR are subject 

to the export notification provisions of 

TSCA section 12(b). The regulations that 

interpret TSCA section 12(b) appear at 

40 CFR part 707, subpart D. Persons 

who import a chemical substance 

identified in a final SNUR are subject to 

the TSCA section 13 import certification 

requirements, codified at 19 CFR 12.118 

through 12.127; see also 19 CFR 127.28. 

Such persons must certify that the 

shipment of the chemical substance 

complies with all applicable rules and 

orders under TSCA, including any 

SNUR requirements. The EPA policy in 

support of import certification appears 

at 40 CFR part 707, subpart B. 

III. Overview of PFAS Chemical 

Substances 

A. What PFAS chemical substances are 

subject to this proposed SNUR? 

The PFAS chemical substances for 

which EPA is proposing to add 

additional significant new uses are 

already listed in § 721.9582 in 

paragraph (a)(1). The PFAS chemical 

substances that EPA is proposing to add 

to the existing PFAS SNUR are the 

subjects of PMN Case Numbers P–83– 

0126, P–90–0110, P–94–1508, P–94– 

1509B, P–98–0809, P–99–0296, and P– 

01–0035. The PMN submitters for these 

chemicals never commenced 

manufacturing or import of these 

chemicals. EPA considers that the 

commencement of manufacturing, 

import, or processing of these chemicals 

would thus significantly increase the 

magnitude and duration of exposure to 

humans and the environment. Given the 

structural similarity of these chemicals 

to the PFAS chemicals covered under 40 

CFR 721.9582 and EPA’s health and 

environmental concerns associated with 

these chemicals, EPA has concluded 

any manufacturing, import, or 

processing for any use of these 

uncommenced PFAS chemicals would 

be a significant new use and therefore, 

action on these PFAS chemicals is 

warranted. 

All of these chemical substances are 

referred collectively in this proposed 

rule as perfluoroalkyl sulfonates, or 

PFAS chemical substances. 

B. What action has the agency 

previously taken on other PFAS 

chemical substances? 

On October 18, 2000, EPA published 

in the Federal Register a proposed 

SNUR (65 FR 62319) (FRL–6745–5) to 

regulate perfluorooctyl sulfonate 

(PFOS). The structure and definition of 

the chemical substances affected by the 

proposed SNUR were described on page 

62325, Unit IV.A. of that proposed rule. 

The final rule was published in the 

Federal Register on March 11, 2002 (67 

FR 11008) (FRL–6823–6), for 13 PFAS 

chemical substances (Ref. 2). In 

response to comments, EPA decided to 

use the generic term perfluoroalkyl 

sulfonates (PFAS) for this category of 

perfluorinated compounds, which 

includes those with eight carbons as 

well as those with higher and lower 

amounts of carbon and the term PFOS 

to represent only those chemical 

substances that have predominantly 

eight carbons. A supplemental proposed 

SNUR for 75 other similar PFAS 

chemical substances was published in 

the Federal Register on March 11, 2002 

(67 FR 11014) (FRL–6823–7) (Ref. 3). 

EPA promulgated a final rule for these 

75 PFAS chemical substances on 

December 9, 2002 (67 FR 72854) (FRL– 

7279–1) (Ref. 4). On March 10, 2006 (71 

FR 12311) (FRL–7740–6), EPA proposed 

to add 183 PFAS chemical substances to 

the SNUR at 40 CFR 721.9582, and 

published a final rule for these 183 

PFAS chemical substances on October 

9, 2007 (71 FR 12311) (FRL–8150–4) 

(Ref. 5). 

C. What are the uses and production 

levels of the PFAS chemical substances? 

The Agency previously determined 

that the 271 PFAS chemical substances 

identified in 40 CFR 721.9582(a)(1) were 

no longer being manufactured or 

imported for any use in the United 

States, other than the uses listed under 

§ 721.9582 (a)(3), (a)(4), and (a)(5) (67 

FR 72858 and 72 FR 57225). In addition, 

since those chemicals are no longer 

manufactured or imported other than for 

the listed uses, EPA concluded that 

those chemical substances are also no 

longer processed other than for those 

listed uses. 

PFAS chemical substances included 

in § 721.9582 were previously used in a 

variety of products, which can be 

divided into three main use categories: 

Surface treatments, paper protection, 

and performance chemicals (Ref. 6). In 

the past, PFAS chemical substances in 

the performance chemicals category 

were used in a wide variety of 

specialized industrial, commercial, and 

consumer applications. Specific 

applications included fire fighting 

foams, mining and oil well surfactants, 

acid mist suppressants for metal plating 

and electronic etching baths, alkaline 

cleaners, floor polishes, inks, 

photographic film, denture cleaners, 

shampoos, chemical intermediates, 

coating additives, carpet spot cleaners, 

and as an insecticide in bait stations for 

ants (Ref. 7). In 2000, the domestic 

production volume of the PFAS 

chemical substances containing eight 

carbons for the performance chemicals 

use category was estimated to be 

approximately 1.5 million pounds (Ref. 

16). 

PFAS chemical substances were also 

used for treating textiles, fabrics and 

carpet. These upholstery and fabric 

protectors were designed to protect rugs 

and carpets against soiling and restore 

their original look. Prior to 2003, these 

formulations were based on PFOS 

compounds, which contain eight 

perfluorinated carbons. After 2003, 

however, 3M, the primary manufacturer 

of these chemical substances, 

reformulated the product to be based on 

perfluorobutane sulfonate (PFBS) 

compounds containing four 


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perfluorinated carbons (Ref. 8). In 

addition to domestic manufacture, 

articles treated with these PFAS 

chemical substances are also imported. 

EPA is continuing to evaluate these uses 

and may determine that regulatory 

action may be appropriate in the future. 

The PFAS chemical substances that 

EPA is proposing to add to the existing 

PFAS SNUR are chemical substances 

that have completed the TSCA new 

chemical review process but have not 

yet commenced production or import. 

Any person who commences the 

manufacture or import of a new 

chemical substance for which that 

person previously submitted a section 

5(a) notice must submit a notice of 

commencement of manufacture or 

import (40 CFR 720.102). EPA has not 

received any notices of commencements 

for these chemical substances, and there 

is currently no production or import of 

these chemical substances. If 

commenced, these chemical substances 

could be used for the PFAS uses 

described above, significantly increasing 

the magnitude and duration of exposure 

to humans and the environment, 

constituting a significant new use. 

D. What are the potential health effects 

of these chemicals and the potential 

sources and routes of exposures to these 

chemicals? 

PFAS chemical substances degrade 

ultimately to perfluoroalkylsulfonic acid 

(PFASA), which can exist in the anionic 

form under environmental conditions. 

Further degradation of PFASA is not 

observed under normal environmental 

conditions. PFASA is highly persistent 

in the environment and has a tendency 

to bioaccumulate (Refs. 8 and 9). PFASA 

can continue to be formed by any PFAS 

containing chemical substances 

introduced into the environment. 

Studies have found PFAS chemical 

substances containing five to fourteen 

carbons (C5–C14) in the blood of the 

general human population, as well as in 

wildlife, indicating that exposure to 

these chemical substances is 

widespread (Refs. 1, 2, and 10). The 

widespread presence of PFAS chemical 

substances in human blood samples 

nationwide suggests other pathways of 

exposure, possibly including the release 

of PFAS treated articles. EPA’s Office of 

Research and Development (ORD) has 

conducted research on 116 articles of 

commerce documenting that PFCs 

contained in articles of commerce have 

the potential to be released from those 

articles and be transformed into PFAC 

(Ref. 1). 

Biological sampling has shown the 

presence of certain perfluoroalkyl 

compounds in fish and in fish-eating 

birds across the United States and in 

locations in Canada, Sweden, and the 

South Pacific (Ref. 2). The wide 

distribution of the chemical substances 

in high trophic levels is strongly 

suggestive of the potential for 

bioaccumulation and/or 

bioconcentration. 

Based on currently available 

information, EPA believes that while all 

PFAS chemical substances are expected 

to persist, the length of the 

perfluorinated chain may also have an 

effect on bioaccumulation and toxicity, 

which are also characteristics of concern 

for these chemical substances. PFAS 

chemical substances with longer carbon 

chain lengths may be of greater concern 

than those with shorter chain lengths 

(Refs. 11, 12, and 13). 

The hazard assessment published by 

the Organization for Economic 

Cooperation and Development (OECD) 

(Ref. 15) concluded that perfluorooctyl 

sulfonates (PFOS) are persistent, 

bioaccumulative and toxic to 

mammalian species. While most studies 

to date have focused primarily on PFOS, 

structure-activity relationship analysis 

indicates that the results of those 

studies are applicable to the entire 

category of PFAS chemical substances, 

which includes PFOS. Available test 

data have raised concerns about their 

potential developmental, reproductive, 

and systemic toxicity (Refs. 1, 2, and 3). 

For a more detailed summary of 

background information (e.g., chemistry, 

environmental fate, exposure pathways, 

and health and environmental effects), 

as well as references pertaining to PFAS 

chemical substances, please refer to 

EPA’s proposed SNURs on PFAS 

chemical substances issued in the 

Federal Register of October 18, 2000 (65 

FR 62319) (FRL–6745–5) (Ref. 16) and 

March 10, 2006 (71 FR 12311) (FRL– 

7740–6) (Ref. 17), and also refer to 

December 30, 2009 Long-Chain 

Perfluorinated Chemicals Action Plan 

(Ref. 1). 

IV. Overview of LCPFAC Chemical 

Substances 

A. What LCPFAC chemical substances 

are subject to this proposed SNUR? 

LCPFAC chemical substances are 

synthetic chemicals that do not occur 

naturally in the environment. The 

LCPFAC chemical substances are 

identified as follows, where n > 5 or m 

> 6: 

1. CF3(CF2)n-COO M where M = H+ or any 

other group where a formal dissociation 

can be made; 

2. CF3(CF2)n-CH = CH2; 

3. CF3(CF2)n-C(=O)-X where X is any 

chemical moiety; 

4. CF3(CF2)m-CH2-X where X is any chemical 

moiety; 

5. CF3(CF2)m-Y–X where Y = non-S, non-N 

hetero atom and where X is any chemical 

moiety; and 

6. Structurally similar degradation products 

of any of the compounds in 2. through 

5. above. 

This category definition of LCPFAC, 

based on the chemical structures above, 

refers to a large group of chemical 

substances containing perfluorooctanoic 

acid (PFOA) and its higher homologues. 

The category also includes the salts and 

precursors of these chemical substances. 

The precursors may be simple 

derivatives of PFOA and higher 

homologues or polymers that contain or 

may degrade to PFOA or higher 

homologues. These precursors include 

certain fluoropolymers and all 

fluorotelomers. 

B. What are the uses and production 

levels of LCPFAC chemical substances? 

Currently, DuPont is the sole 

manufacturer of PFOA in the United 

States. In addition, PFOA, except 

possibly as part of articles, is not 

imported into the United States with the 

exception of the product manufactured 

by DuPont facilities overseas. According 

to EPA’s 2006 Inventory Update 

Reporting database, the aggregated 

production volume of PFOA and 

ammonium perfluorooctanoate (APFO) 

was less than 500,000 pounds for each. 

APFO is the ammonium salt of PFOA, 

which dissociates to PFOA in water 

(Ref. 1). 

Fluoropolymers such as 

polytetrafluoroethylene (PTFE), which 

may contain some PFAC contamination, 

or that use PFOA as an emulsion 

stabilizer in aqueous dispersions, are 

included in the LCPFAC definition and 

have a large U.S. market. The wire and 

cable industry is one of the largest 

segments of the fluoropolymer market, 

accounting for more than 35 percent of 

total U.S. fluoropolymer use. Apparel 

makes up about 10 percent of total 

fluoropolymer use, based on total 

reported production volume. 

Fluoropolymers are used in a wide 

variety of mechanical and industrial 

components, such as plastic gears, 

gaskets and sealants, pipes and tubing, 

O-rings, and many other products. Total 

U.S. demand for fluoropolymers in 2004 

was between 50,000 and 100,000 metric 

tons. The United States accounted for 

less than 25 percent of the world 

consumption of PTFE in 2007, and 

between 25 and 50 percent of the world 

consumption of other fluoropolymers. 

PTFE is the most commonly used 

fluoropolymer, and the United States 


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consumed less than 50,000 metric tons 

of PTFE in 2008 (Ref. 1). 

Fluorotelomers, oligomers of 

tetrafluoroethylene, are relatively small 

functionalized molecules used to make 

polymers. World-wide production of 

fluorotelomer-based polymers (FTBP), 

was estimated at 20 million pounds in 

2006. Fluorotelomer monomers and 

FTBP are included in the LCPFAC 

category definition as potential LCPFAC 

precursors. The United States accounts 

for more than 50 percent of world-wide 

fluorotelomer/FTPB production. 

Textiles and apparel account for 

approximately 50 percent of the volume, 

with carpet and carpet care products 

accounting for the next largest share in 

consumer product uses. Polymeric 

coatings, including those for paper 

products, are the third largest category 

of consumer product uses (Ref. 1). 

Articles tested and found to contain the 

highest levels of PFAC were carpet and 

carpet treatment products, various types 

of apparel, home textiles, thread sealant 

tape, floor wax and other sealants, and 

food contact paper and paper coatings. 

LCPFAC chemical substances, 

including FTBP, were used in the textile 

market because of their thermo-stability, 

ability to adapt to a variety of surface 

characteristics, low refractive indexes, 

low dielectric constants, and high 

chemical stability. FTBP are used as soil 

retardants and stain repellents in 

carpets. FTBP are used to treat textiles 

which cannot be laundered, including 

carpets, by preventing or reducing the 

adhesion of liquid or solid contaminants 

to the textile fibers. Fluorotelomer 

carpet treatments are incorporated in 

polymers including fluorinated 

polyurethanes, fluorinated vinyl 

polymers and fluorinated acrylate and 

methacrylate polymers. Most of these 

fluorinated polymers have a nonfluorinated backbone with fluorinated 

alkyl chains which provide the desired 

physical characteristics. Fluorinated 

polyurethanes are noted to be tough but 

resilient and can withstand foot traffic 

on carpets (Ref. 18). 

PFAS and LCPFAC chemical 

substances were used in carpets to 

impart stain, soil, and grease repellant 

properties (Ref. 18). There are four 

typical scenarios for chemical 

application that could lead to the 

presence of these chemical substances 

in carpet products, and this SNUR 

would apply to all of them. First, these 

chemical substances could be applied to 

carpet at a carpet and rug mill during 

the manufacturing process. Second, 

these chemical substances could be 

applied to carpet after the 

manufacturing process at a separate 

finishing facility. Third, treatment 

products containing these chemical 

substances could be applied to carpets 

in the aftermarket by consumers or 

professional carpet cleaners. In the 

described scenarios, LCPFAC chemical 

substances could have been 

domestically produced or imported. 

Fourth, treated carpet fabrics or treated 

carpet could be imported as articles. 

Domestically produced carpets could be 

made using imported fabrics that had 

been treated with PFAS or LCPFAC 

chemical substances or carpet 

containing these chemical substances 

could be imported into the United 

States as a final product. 

The Agency believes that the LCPFAC 

chemical substances included in this 

proposal are no longer being 

manufactured, processed, or imported 

for use as part of carpet or for treating 

carpet (e.g., for use in the carpet 

aftercare market) in the United States. 

The Agency also believes that LCPFAC 

chemical substances are not being 

imported as part of carpet. In January 

2012, The Carpet and Rug Institute (CRI) 

informed EPA that all members of CRI 

have voluntarily discontinued the use of 

LCPFAC chemical substances and have 

switched to alternative compounds 

beginning prior to 2003 and completing 

sometime near the end of 2005 or 

beginning of 2006 (Ref. 19). CRI is a 

nonprofit trade association representing 

the manufacturers of more than 95 

percent of all carpet made in the United 

States, as well as their suppliers and 

service providers. Although CRI does 

not track data from non-United States 

manufacturers or the few domestic 

manufacturers who are not members of 

CRI, EPA’s market analysis showed no 

indication that imported carpet 

products contain PFAS and LCPFAC 

chemical substances covered by this 

proposal, nor did it show any evidence 

that these chemical substances are 

manufactured or imported for use as 

part of carpets (Refs. 20 and 21). The 

Agency is concerned that LCPFAC 

chemicals may in the future be used 

again as part of carpet or for treating 

carpet, and is hence proposing to 

include these uses among the significant 

new uses to be designated for those 

chemical substances. 

D. What are the potential health and 

environmental effects of LCPFAC 

chemical substances and the potential 

sources and routes of exposure to these 

substances? 

The following summary of chemistry, 

environmental fate, exposure pathways, 

and health and environmental effects of 

LCPFAC chemical substances is based 

on the December 30, 2009 Long-Chain 

Perfluorinated Chemicals Action Plan 

(Ref. 1), as well as references cited in 

the 2009 Action Plan. 

PFOA is the most studied chemical of 

the LCPFAC chemical substances. PFOA 

is manufactured for use primarily as an 

aqueous dispersion agent, as the 

ammonium salt, in the manufacture of 

fluoropolymers, such as PTFE, which 

have thousands of important 

manufacturing and industrial 

applications. PFOA can also be 

produced unintentionally by the 

degradation of some fluorotelomers, 

which are not manufactured using 

PFOA but could degrade to PFOA. 

Fluorotelomers are used to make 

polymers that impart soil, stain, grease, 

and water resistance to coated articles. 

Some fluorotelomer based products are 

also used as high performance 

surfactants in products where an even 

flow is essential, such as paints, 

coatings, cleaning products, and firefighting foams for use on liquid fuel 

fires. 

FTBP can be applied to articles both 

at the factory and by consumers and 

commercial applicators in after-market 

uses such as carpet treatments and 

water repellent sprays for apparel and 

footwear (Ref. 18). Therefore, exposure 

to carpet treatment chemicals may occur 

both during and after the carpet 

manufacturing process. In 2008, EPA’s 

ORD conducted research on 116 articles 

of commerce and found high levels of 

LCPFAC in carpet and carpet treatment 

products (levels were from 0.04–40,200 

nanograms per gram) (Ref. 1). This is of 

particular concern for children since 

they engage in a variety of activities on 

carpets for longer periods of time in 

their earliest years and can be exposed 

to chemical substances in carpets via 

inhalation and dust ingestion (Ref. 1). 

PFOA and its higher homologues are 

highly persistent chemical substances 

that are resistant to degradation under 

environmental conditions. The chemical 

substances which degrade to form these 

chemicals are called LCPFAC 

precursors. These precursors may be 

present in the final polymer product as 

residuals and the amount present in the 

polymer as perfluoroalkyl group (Rf) 

moieties. The availability of LCPFAC 

precursor from the content of residuals 

in fluorotelomer based polymer 

products (FTBP) would be small in 

comparison to the amount released 

should polymeric materials biodegrade 

in the environment. Potentially all 

monomeric and most if not all 

polymeric products, not just the small 

amounts of residual monomers and 

other monomer raw material and 

intermediates, could be LCPFAC 

precursors. LCPFAC can continue to be 

formed by LCPFAC precursors 


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introduced into the environment as they 

biodegrade with time. 

A limited number of studies on the 

degradation of fluorotelomers have been 

submitted in support of PMN 

submissions and existing chemical 

substances, and they have been 

published in the open literature. Based 

on studies, some fluorotelomer-based 

polymers are subject to hydrolysis, 

photolysis and biodegradation to some 

extent. Studies have shown half-lives of 

a few days to hundreds of years. In 

addition, existing research on 

degradation of fluorotelomers has 

shown that some urethanes and 

acrylates biodegrade; however, halflives and kinetics of the fluorotelomers 

are not yet well defined (Ref. 22). 

Nevertheless, these studies have shown 

unambiguously that the perfluorinated 

portion of some polymers is released as 

the polymer is degraded by microbial or 

abiotic processes to form telomer 

alcohols or other intermediates and that 

they eventually form LCPFAC. 

LCPFAC have been detected in biota, 

air, water, dust, and soil samples 

collected throughout the world. Some 

LCPFAC chemical substances have the 

potential for long-range transport. They 

are transported over long distances by a 

combination of dissolved-phase ocean 

and gas-phase atmospheric transport; 

however, determining which is the 

predominant transport pathway is 

complicated by many factors including 

the uncertainty over water to 

atmosphere partitioning. Furthermore, 

there is evidence that transport and 

subsequent oxidation of volatile alcohol 

LCPFAC precursors contribute to the 

levels of LCPFAC in the environment. 

LCPFAC chemical substances have 

been detected in human blood samples 

throughout the United States and the 

world. These compounds have also been 

detected in human breast milk, liver, 

umbilical cord blood, and seminal 

plasma. Individual samples collected on 

perfluorinated chemical substances in 

the most recent National Health and 

Nutrition Examination Survey 

(NHANES) 1999–2009 are similar across 

teens and adults (Ref. 1); however, 

pooled data from NHANES 2001–2002 

indicate that most of the levels of 

perfluorinated compounds are higher in 

children ages 3–11 years compared to 

adults. In addition, a 2009 Texas survey 

of 300 children reported PFOS, PFOA, 

perfluorohexanesulfonate (PFHS) and 

perfluorononanoic acid (PFNA) at 

higher levels in children 9 to 13 years 

than in 0 to 2 years (Ref. 1). 

Multiple studies have reported a 

global distribution of LCPFAC in 

wildlife tissue and blood samples. 

LCPFAC have also been found in a 

variety of aquatic organisms. In general, 

the highest concentrations in wildlife 

have been found in the livers of fisheating animals close to industrialized 

areas. 

Animal studies of the straight-chain 

LCPFAC have shown that these 

compounds are well absorbed orally, 

but poorly eliminated; they are not 

metabolized, and they undergo 

extensive uptake from enterohepatic 

circulation. Studies of PFOA have 

shown that these compounds are 

distributed mainly to the serum, kidney, 

and liver, with liver concentrations 

being several times higher than serum 

concentrations; the distribution is 

mainly extracellular. PFOA has a high 

affinity for binding to B-lipoproteins, 

albumin, and liver fatty acid-binding 

protein. Studies have reported several 

LCPFAC chemical substances in 

umbilical cord blood, in amniotic fluid, 

and in blood samples from infants and 

toddlers (Ref. 1). 

In general, the rate of elimination 

decreases with increasing chain length. 

Elimination in humans takes years 

(elimination half-life of PFOA is 2.3–3.8 

years). These compounds will persist 

and bioaccumulate in humans, which 

means that comparatively low 

exposures may result in large body 

burdens. 

LCPFAC bioaccumulate and persist in 

protein-rich compartments of fish, birds, 

and marine mammals, such as carcass, 

blood, and liver. Studies have found 

fish bioconcentration factor (BCF) 

values for C8 to C14 LCPFAC ranging 

from 4–40,000 in rainbow trout. 

Available evidence shows the likely 

potential for bioaccumulation or 

biomagnifications in marine or 

terrestrial species. Additional evidence 

that C14 and C15 LCPFAC 

bioaccumulate and are bioavailable is 

their presence in fish, invertebrates, and 

polar bears. The bioaccumulation of 

LCPFAC is thought to represent 

biomagnification due to high 

gastrointestinal uptake and slow 

elimination. 

The toxicity of PFOA has been 

extensively studied and available data 

have raised concerns about LCPFAC 

chemical substances’ potential 

developmental, reproductive, and 

systemic toxicity (Ref. 1). Although 

there is an extensive database for PFOA, 

few studies have examined the toxicity 

of other LCPFAC chemical substances. 

However, the data suggest that the 

toxicity profile is quite similar to that of 

PFOA, albeit at different dose levels. 

V. Rationale and Objectives 

A. Rationale 

As discussed in Units III and IV, 

PFAS and LCPFAC chemical substances 

are found world-wide in the 

environment, wildlife, and humans. 

They are bioaccumulative in wildlife 

and humans, and are persistent in the 

environment. They are toxic to 

laboratory animals, producing 

reproductive, developmental, and 

systemic effects in laboratory tests. The 

exact sources and pathways by which 

these chemicals move into and through 

the environment and allow humans and 

wildlife to become exposed are not fully 

understood, but are likely to include 

releases from manufacturing of the 

chemicals, processing of these 

chemicals into products like carpets and 

textiles, and aging and wear of products 

containing them. 

Since the manufacture, import, and 

processing of PFAS and LCPFAC 

chemical substances for the proposed 

uses have been discontinued, EPA 

expects their presence in humans and 

the environment to decline over time as 

has been observed in the past when 

production and use of other persistent 

chemicals has ceased. EPA is concerned 

that the manufacturing, import 

(including import as part of certain 

articles), or processing of these chemical 

substances for the proposed new uses 

could be reinitiated in the future. If 

reinitiated, EPA believes that such use 

would increase the magnitude and 

duration of exposure to humans and the 

environment to these chemical 

substances, constituting a significant 

new use. 

EPA is concerned about the potential 

for PFAS or LCPFAC chemical 

substances (manufactured or imported 

for an ongoing use) to be redirected to 

other uses without prior notice to the 

Agency. For example, a chemical 

substance may be initially manufactured 

or imported for a uses listed under 

§ 721.9582(a)(3), (a)(4), or (a)(5), and 

then redirected for another use after its 

initial manufacture or import. EPA is 

therefore proposing to add the 

processing of a PFAS chemical 

substances (for any use in the United 

States, other than the uses listed under 

§ 721.9582(a)(3), (a)(4), and (a)(5)) to the 

significant new uses of those chemical 

substances. For similar reasons, EPA is 

proposing to include the processing of 

LCPFAC chemical substances (for use as 

part of carpets or to treat carpet) among 

the significant new uses to be 

designated for those chemical 

substances. While the processing of 

articles containing PFAS and LCPFAC 

would remain exempt from notice 


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requirements, pursuant to § 721.45(f), 

persons who otherwise process PFAS or 

LCPFAC for a use other than the abovelisted uses where applicable would be 

required to first notify EPA, even if they 

are not themselves manufacturers or 

importers of the chemical substance. 

Accordingly, EPA wants the 

opportunity to evaluate and control, 

where appropriate, activities associated 

with those uses, if such manufacturing, 

importing, or processing were to start or 

resume. The required notification 

provided by a SNUN would provide 

EPA with the opportunity to evaluate 

activities associated with a significant 

new use and an opportunity to protect 

against unreasonable risks, if any, from 

exposure to PFAS and LCPFAC 

chemical substances. 

Consistent with EPA’s past practice 

for issuing SNURs under TSCA section 

5(a)(2), EPA’s decision to propose a 

SNUR for a particular chemical use 

need not be based on an extensive 

evaluation of the hazard, exposure, or 

potential risk associated with that use. 

Rather, the Agency’s action is based on 

EPA’s determination that if the use 

begins or resumes, it may present a risk 

that EPA should evaluate under TSCA 

before the manufacturing or processing 

for that use begins. Since the new use 

does not currently exist, deferring a 

detailed consideration of potential risks 

or hazards related to that use is an 

effective use of resources. If a person 

decides to begin manufacturing or 

processing the chemical for the use, the 

notice to EPA allows EPA to evaluate 

the use according to the specific 

parameters and circumstances 

surrounding that intended use. 

While the Agency is currently only 

proposing as significant new uses of 

LCPFAC chemical substances use as 

part of carpet or to treat carpet, the 

Agency believes the 2010/2015 PFOA 

Stewardship Program will eliminate 

many other ongoing uses of LCPFAC 

chemical substances. As those uses are 

phased out in the United States, EPA 

anticipates taking additional regulatory 

actions to prevent resumption of the 

uses without prior notice to EPA. 

B. Objectives 

Based on the considerations in Unit 

V.A., EPA wants to achieve the 

following objectives with regard to the 

significant new use(s) that are 

designated in this proposed rule: 

1. EPA would receive notice of any 

person’s intent to manufacture, import, 

or process PFAS or LCPFAC chemicals 

for the described significant new use 

before that activity begins. 

2. EPA would have an opportunity to 

review and evaluate data submitted in a 

SNUN before the notice submitter 

begins manufacturing, importing, or 

processing PFAS or LCPFAC chemicals 

for the described significant new use. 

3. EPA would be able to regulate 

prospective manufacturers, importers, 

or processors of PFAS or LCPFAC 

chemicals before the described 

significant new use of the chemical 

substance occurs, provided that 

regulation is warranted pursuant to 

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

VI. 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 authorizes EPA to consider any 

other relevant factors. 

To determine what would constitute a 

significant new use of the PFAS and 

LCPFAC chemical substances subject to 

this proposed rule, as discussed herein, 

EPA considered relevant information 

about the toxicity of these substances, 

likely human exposures and 

environmental releases associated with 

possible uses, and the four factors listed 

in section 5(a)(2) of TSCA. 

EPA has preliminarily determined 

that the manufacture, import, processing 

of any of the PFAS chemical substances 

subject to this proposed rule, for any use 

except ongoing uses specified in 

§ 721.9582(a)(3) through (a)(5) of the 

regulatory text in this document, is a 

significant new use. EPA has also 

preliminarily determined that the 

manufacture, import, or processing of 

any of the LCPFAC chemical substances 

subject to this proposed rule for use as 

part of carpet or to treat carpets, is a 

significant new use, and further 

determined that importing any of the 

LCPFAC chemical substances subject to 

this proposed rule as part of carpet 

constitutes a significant new use and 

warrants making inapplicable the article 

exemption at § 721.45(f). 

VII. Request for Comment 

EPA welcomes comments on any 

aspect of this proposed SNUR. EPA 

requests comment on whether any of the 

uses proposed to be added as significant 

new uses are in fact ongoing, and would 

request specific documentation of any 

such ongoing use. 

VIII. Alternatives 

Before proposing this SNUR, EPA 

considered the following alternative 

regulatory actions: 

A. Promulgate a TSCA Section 8(a) 

Reporting Rule 

Under a TSCA section 8(a) rule, EPA 

could, among other things, generally 

require persons to report information to 

the Agency when they intend to 

manufacture, import, or process a listed 

chemical for a specific use or any use. 

However, for PFAS and LCPFAC 

chemical substances, the use of TSCA 

section 8(a) rather than SNUR authority 

would have several limitations. First, if 

EPA was to require reporting under 

TSCA section 8(a) instead of TSCA 

section 5(a), EPA would not have the 

opportunity to review human and 

environmental hazards and exposures 

associated with the proposed significant 

new use and, if necessary, take 

immediate follow-up regulatory action 

under TSCA sections 5(e) or 5(f) to 

prohibit or limit the activity before it 

begins. In addition, EPA may not 

receive important information from 

small businesses, because such firms 

generally are exempt from TSCA section 

8(a) reporting requirements. In view of 

the level of health and environmental 

concerns about PFAS and LCPFAC 

chemical substances if used for the 

proposed significant new use, EPA 

believes that a TSCA section 8(a) rule 

for this substance would not meet EPA’s 

regulatory objectives. 

B. Regulate PFAS and LCPFAC 

Chemical Substances under TSCA 

Section 6 

EPA may regulate under TSCA 

section 6 if ‘‘the Administrator finds 

that there is a reasonable basis to 

conclude that the manufacture, 

processing, distribution in commerce, 

use or disposal of a chemical substance 

or mixture * * * presents or will 

present an unreasonable risk of injury to 

health or the environment.’’ (TSCA 

section 6(a)). Given that LCPFAC 

chemical substances are no longer being 

used as part of a carpet, and that the 

PFAS chemicals subject to this action 

have not commenced production or 

import, EPA concluded that risk 

management action under TSCA section 

6 for these uses is not necessary at this 


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time. This proposed SNUR would allow 

the Agency to address the potential risks 

associated with the proposed significant 

new use. 

IX. Applicability of Rule to Uses 

Occurring Before Effective Date of the 

Final Rule 

As discussed in the Federal Register 

of April 24, 1990 (55 FR 17376), EPA 

has decided that the intent of section 

5(a)(1)(B) of TSCA is best served by 

designating a use as a significant new 

use as of the date of publication of the 

proposed rule rather than as of the 

effective date of the final rule. If uses 

begun after publication of the proposed 

rule were considered ongoing rather 

than new, it would be difficult for EPA 

to establish SNUR notice requirements, 

because a person could defeat the SNUR 

by initiating the proposed significant 

new use before the rule became final, 

and then argue that the use was ongoing 

as of the effective date of the final rule. 

Thus, persons who begin commercial 

manufacture, import, or processing of 

the chemical substance(s) that would be 

regulated through this proposed rule, if 

finalized, would have to cease any such 

activity before the effective date of the 

rule if and when finalized. To resume 

their activities, these persons would 

have to comply with all applicable 

SNUR notice requirements and wait 

until the notice review period, 

including all extensions, expires. Uses 

arising after the publication of the 

proposed rule are distinguished from 

uses that exist at publication of the 

proposed rule. The former would be 

new uses, the latter ongoing uses. To the 

extent that additional ongoing uses are 

found in the course of rulemaking, EPA 

would exclude those uses from the final 

SNUR. EPA has promulgated provisions 

to allow persons to comply with this 

SNUR before the effective date. If a 

person were to meet the conditions of 

advance compliance under section 

721.45(h), that person would be 

considered to have met the 

requirements of the final SNUR for 

those activities. 

X. Test Data and Other Information 

EPA recognizes that TSCA section 5 

does not usually require developing any 

particular test data before submission of 

a SNUN. There are two exceptions: (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)); and (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 

section 4 test rule or a 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 (15 

U.S.C. 2604(d); 40 CFR 721.25, and 40 

CFR 720.50). However, as a general 

matter, EPA recommends that SNUN 

submitters include data that would 

permit a reasoned evaluation of risks 

posed by the chemical substance during 

its manufacture, import, processing, use, 

distribution in commerce, or disposal. 

EPA encourages persons to consult with 

the Agency before submitting a SNUN. 

As part of this optional pre-notice 

consultation, EPA would discuss 

specific data it believes may be useful 

in evaluating a significant new use. 

SNUNs submitted for significant new 

uses without any test data may increase 

the likelihood that EPA will take action 

under TSCA section 5(e) to prohibit or 

limit activities associated with this 

chemical. 

SNUN submitters should be aware 

that EPA will be better able to evaluate 

SNUNs that provide detailed 

information on: 

1. Human exposure and 

environmental releases that may result 

from the significant new uses of the 

chemical substance. 

2. Potential benefits of the chemical 

substance. 

3. Information on risks posed by the 

chemical substances compared to risks 

posed by potential substitutes. 

XI. SNUN Submissions 

EPA recommends that submitters 

consult with the Agency prior to 

submitting a SNUN to discuss what data 

may be useful in evaluating a significant 

new use. Discussions with the Agency 

prior to submission can afford ample 

time to conduct any tests that might be 

helpful in evaluating risks posed by the 

substance. According to § 721.1(c), 

persons submitting a SNUN must 

comply with the same notice 

requirements and EPA regulatory 

procedures as persons submitting a 

PMN, including submission of test data 

on health and environmental effects as 

described in § 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 

§§ 721.25 and 720.40. E–PMN software 

is available electronically at http:// 

www.epa.gov/opptintr/newchems. 

XII. Economic Analysis 

A. SNUNs 

EPA has evaluated the potential costs 

of establishing SNUR reporting 

requirements for potential 

manufacturers, importers, and 

processors of the chemical substance 

included in this proposed rule (Ref. 23). 

In the event that a SNUN is submitted, 

costs are estimated at approximately 

$8,571 per SNUN submission for large 

business submitters and $6,171 for 

small business submitters. These 

estimates include the cost to prepare 

and submit the SNUN, and the payment 

of a user fee. Businesses that submit a 

SNUN would be subject to either a 

$2,500 user fee required by 40 CFR 

700.45(b)(2)(iii), or, if they are a small 

business with annual sales of less than 

$40 million when combined with those 

of the parent company (if any), a 

reduced user fee of $100 (40 CFR 

700.45(b)(1)). The costs of submission of 

SNUNs will not be incurred by any 

company unless a company decides to 

pursue a significant new use as defined 

in this proposed SNUR. EPA’s complete 

economic analysis is available in the 

public docket for this proposed rule 

(Ref. 23). 

B. Export Notification 

Under section 12(b) of TSCA and the 

implementing regulations at 40 CFR part 

707, subpart D, exporters must notify 

EPA if they export or intend to export 

a chemical substance or mixture for 

which, among other things, a rule has 

been proposed or promulgated under 

section 5. For persons exporting a 

substance the subject of a SNUR, a onetime notice must be provided for the 

first export or intended export to a 

particular country. The total costs of 

export notification will vary by 

chemical, depending on the number of 

required notifications (i.e., the number 

of countries to which the chemical is 

exported). EPA is unable to make any 

estimate of the likely number of export 

notifications for the chemical covered in 

this proposed SNUR. 

XIII. References 

As indicated under ADDRESSES, a 

docket has been established for this 

proposed rule under docket ID number 

EPA–HQ–OPPT–2012–0268. The 

following is a listing of the documents 

that have been placed in the docket for 

this proposed rule. The docket includes 

information considered by EPA in 

developing this proposed rule, 

including the documents listed in this 

unit, which are physically located in the 

docket. In addition, interested parties 

should consult documents that are 

referenced in the documents that EPA 

has placed in the docket, regardless of 

whether these referenced documents are 

physically located in the docket. For 

assistance in locating documents that 


srobinson on DSK4SPTVN1PROD with PROPOSALS
48932 Federal Register / Vol. 77, No. 158 / Wednesday, August 15, 2012 / Proposed Rules 

are referenced in documents that EPA 

has placed in the docket, but that are 

not physically located in the docket, 

please consult either technical person 

listed under FOR FURTHER INFORMATION

CONTACT. The docket is available for 

review as specified under ADDRESSES. 

1. USEPA. ‘‘Long-Chain Perfluorinated 

Chemicals Action Plan.’’ December 30, 

2009. 

2. USEPA. ‘‘Perfluoroalkyl Sulfonates; 

Significant New Use Rule, Final Rule.’’ 

67 FR 11008, March 11, 2002. 

3. USEPA. ‘‘Perfluoroalkyl Sulfonates; 

Proposed Significant New Use Rule, 

Supplemental proposed rule.’’ 67 FR 

11014, March 11, 2002. 

4. USEPA. ‘‘Perfluoroalkyl Sulfonates; 

Significant New Use Rule, Final Rule.’’ 

67 FR 72854, December 9, 2002. 

5. USEPA. ‘‘Perfluoroalkyl Sulfonates; 

Proposed Significant New Use Rule, 

Final Rule.’’ 72 FR 57222, October 9, 

2007. 

6. 3M Company. Fluorochemical Use, 

Distribution, and Release Overview. St. 

Paul, Minnesota, May 26, 1999. 

7. Weppner, William A., 3M Company. 

Phase-Out Plan for POSF-Based 

Products, St. Paul, Minnesota, July 7, 

2000. 

8. R. Renner. 2006. ‘‘The Long and the Short 

of Perfluorinated Replacements.’’ 

Environmental Science and Technology. 

40: 12–13. 

9. 3M Company. Sulfonated 

Perfluorochemicals in the Environment: 

Sources, Dispersion, Fate, and Effects. St. 

Paul, Minnesota, March 1, 2000. 

10. 3M Company. The Science of Organic 

Fluorochemistry. St. Paul, Minnesota, 

February 5, 1999. 

11. 3M Company. Perfluorooctane Sulfonate: 

Current Summary of Human Sera, Health 

and Toxicology Data. St. Paul, 

Minnesota, January 21, 1999. 

12. Kudo, Naomi, et. al. ‘‘Comparison of the 

Elimination Between Perfluorinated 

Fatty Acids with Different Carbon Chain 

Lengths in Rats.’’ Chemico-Biological 

Interactions. Volume 134(2), 2001, pp. 

203–216. 

13. Goeke-Flora, Carol M. and Nicholas V. 

Reo. ‘‘Influence of Carbon Chain Length 

on the Hepatic Effects of Perfluorinated 

Fatty Acids, A\19\ F- and \31\P-NMR 

Investigation.’’ Chemical Research in 

Toxicology, 9(4), 1996, pp. 689–695. 

14. Dixon, David A. ‘‘Fluorochemical 

Decomposition Processes,’’ Theory, 

Modeling, and Simulation, William R. 

Wiley Environmental Molecular 

Sciences Laboratory, Pacific Northwest 

National Laboratory, Richland, 

Washington, April 4, 2001. 

15. Organization for Economic Cooperation 

and Development (OECD), Environment 

Directorate. ‘‘Hazard Assessment of 

Perfluorooctane Sulfonate (PFOS) and its 

Salts,’’ ENV/JM/RD(2002)17/FINAL, 

November, 21, 2002. 

16. USEPA. ‘‘Perfluorooctyl Sulfonates; 

Proposed Significant New Use Rule.’’ 65 

FR 62319, October 18, 2000. 

17. USEPA. ‘‘Perfluoroalkyl Sulfonates; 

Proposed Significant New Use Rule, 

Proposed Rule.’’ 71 FR 12311, March 10, 

2006. 

18. Kissa, David. Fluorinated Surfactants and 

Repellents. Surfactant Science Series. 

Marcel Dekker, Inc.: New York. 2001. 

19. The Carpet and Rug Institute. Letter from 

Werner H. Braun to Maria Doa, Director, 

CCD, OPPT, USEPA. January 16, 2012. 

20. USEPA. ‘‘Market Profile for PFCs Used as 

Part of Carpets (contains proprietary 

information).’’ Washington, DC February 

17, 2012. 

21. USEPA. ‘‘Non-Proprietary Market Profile 

for PFCs Used as Part of Carpets.’’ 

Washington, DC February 17, 2012. 

22. Washington J.W., Ellington J.J., Thomas 

M.J., Evans J.J., Hoon Yoo, Hafner S.C. 

(2009). Degradability of an acrylatelinked, fluorotelomer polymer in soil 

Environmental Science and Technology, 

43(17), 6617–6623. 

23. USEPA. Economic Analysis of the 

Significant New use Rule for 

Perfluoroalkyl Sulfonates and LongChain Perfluoroalkyl Carboxylate 

Chemical Substances. Prepared by 

Timothy Lehman and Abt Associates Inc. 

February 16, 2012. 

XIV. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review 

This action is not a ‘‘significant 

regulatory action’’ under the terms of 

Executive Order 12866, entitled 

Regulatory Planning and Review (58 FR 

51735, October 4, 1993), and was 

therefore not reviewed by the Office of 

Management and Budget (OMB) under 

Executive Orders 12866 and 13563, 

entitled Improving Regulation and 

Regulatory Review (76 FR 3821). 

EPA has prepared an economic 

analysis of this action, which is 

contained in a document entitled 

Economic Analysis of the Significant 

New Use Rule for Perfluoroalkyl 

Sulfonates and Long-Chain 

Perfluoroalkyl Carboxylate Chemical 

Substances (Ref. 23). A copy of the 

economic analysis is available in the 

docket for this final rule and is 

summarized in Unit XII. 

B. Paperwork Reduction Act 

According to the Paperwork 

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

seq., an Agency may not conduct or 

sponsor, and a person is not required to 

respond to a collection of information 

that requires OMB approval under the 

PRA, unless it has been approved by 

OMB and displays a currently valid 

OMB control number. The OMB control 

numbers for EPA’s regulations in Title 

40 of the CFR, after appearing in the 

Federal Register, are listed in 40 CFR, 

part 9, and included on the related 

collection instrument, or form, if 

applicable. The information collection 

requirements related to this action have 

already been approved by OMB 

pursuant to the PRA under OMB control 

number 2070–0038 (EPA ICR No. 1188). 

This action 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 110 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 

Pursuant to section 605(b) of the 

Regulatory Flexibility Act (RFA) (5 

U.S.C. 601 et seq.), the Agency hereby 

certifies that promulgation of this SNUR 

would not have a significant adverse 

economic impact on a substantial 

number of small entities. The rationale 

supporting this conclusion is as follows. 

A SNUR applies to any person 

(including small or large entities) who 

intends to engage in any activity 

described in the rule as a ‘‘significant 

new use.’’ By definition of the word 

‘‘new’’ and based on all information 

currently available to EPA, it appears 

that no small or large entities presently 

engage in such activity. Since this 

proposed SNUR would require a person 

who intends to engage in such activity 

in the future to first notify EPA by 

submitting a SNUN, no economic 

impact will occur unless someone files 

a SNUN to pursue a significant new use 

in the future or forgoes profits by 

avoiding or delaying the significant new 

use. Although some small entities may 

decide to conduct such activities in the 

future, EPA cannot presently determine 

how many, if any, there may be. 

However, EPA’s experience to date is 

that, in response to the promulgation of 

over 1,000 SNURs, the Agency receives 

on average only 5 notices per year. Of 

those SNUNs submitted, only one 

appears to be from a small entity in 

response to any SNUR. Therefore, EPA 

believes that the potential economic 

impact of complying with this SNUR is 

not expected to be significant or 


srobinson on DSK4SPTVN1PROD with PROPOSALS
Federal Register / Vol. 77, No. 158 / Wednesday, August 15, 2012 / Proposed Rules 48933 

adversely impact a substantial number 

of small entities. In a SNUR that 

published as a final rule on August 8, 

1997 (62 FR 42690)(FRL–5735–4), the 

Agency presented its general 

determination that proposed and final 

SNURs are not expected to have a 

significant economic impact on a 

substantial number of small entities, 

which was provided to the Chief 

Counsel for Advocacy of the Small 

Business Administration. 

D. Unfunded Mandates Reform Act 

Based on EPA’s experience with 

proposing and finalizing SNURs, State, 

local, and Tribal governments have not 

been impacted by these rulemakings, 

and EPA does not have any reason to 

believe that any State, local, or Tribal 

government would be impacted by this 

rulemaking. As such, EPA has 

determined that this regulatory action 

would not impose any enforceable duty, 

contain any unfunded mandate, or 

otherwise have any effect on small 

governments subject to the requirements 

of sections 202, 203, 204, or 205 of the 

Unfunded Mandates Reform Act of 1995 

(UMRA) (Pub. L. 104–4). 

E. Executive Order 13132: Federalism 

This action would not have a 

substantial direct effect on States, on the 

relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132, entitled 

Federalism (64 FR 43255, August 10, 

1999). 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This proposed rule would not have 

Tribal implications because it is not 

expected to have substantial direct 

effects on Indian Tribes. This proposed 

rule would not significantly or uniquely 

affect the communities of Indian Tribal 

governments, nor would 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 proposed rule. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

This action is not subject to Executive 

Order 13045, entitled Protection of 

Children from Environmental Health 

Risks and Safety Risks (62 FR 19885, 

April 23, 1997), because this is not an 

economically significant regulatory 

action as defined by Executive Order 

12866, and this action does not address 

environmental health or safety risks 

disproportionately affecting children. 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This proposed rule is not subject to 

Executive Order 13211, entitled Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use (66 FR 28355, May 

22, 2001), because this action is not 

expected to affect energy supply, 

distribution, or use. 

I. National Technology Transfer 

Advancement Act 

Since this action does not involve any 

technical standards; section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (NTTAA), 

Public Law 104–113, section 12(d) (15 

U.S.C. 272 note), does not apply to this 

action. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

This action does not entail special 

considerations of environmental justice 

related issues as delineated by 

Executive Order 12898, entitled Federal 

Actions to Address Environmental 

Justice in Minority Populations and 

Low-Income Populations (59 FR 7629, 

February 16, 1994). 

List of Subjects in 40 CFR Part 721 

Environmental protection, Chemicals, 

Hazardous substances, Reporting and 

recordkeeping requirements. 

Dated: August 7, 2012. 

Wendy Cleland-Hamnett, 

Director, Office of Pollution Prevention and 

Toxics. 

Therefore, it is proposed that 40 CFR 

chapter I be amended as follows: 

PART 721—[AMENDED] 

1. The authority citation for part 721 

continues to read as follows: 

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

2625(c). 

2. Add § 721.10536 to subpart E to 

read as follows: 

§ 721.10536 Long-chain perfluoroalkyl 

carboxylate chemical substances. 

(a) Definitions. The definitions in 

§ 721.3 apply to this section. In 

addition, the following definition 

applies: Carpet means a finished fabric 

or similar product intended to be used 

as a floor covering. This definition 

excludes resilient floor coverings such 

as linoleum and vinyl tile. 

(b) Chemical substances and 

significant new uses subject to reporting. 

(1) The chemical substances identified 

below, where n > 5 or m > 6, are subject 

to reporting under this section for the 

significant new uses described in 

paragraph (a)(2) of this section. 

(i) CF3(CF2)n¥COO¥M where M = H+

or any other group where a formal 

dissociation can be made; 

(ii) CF3(CF2)n¥CH=CH2; 

(iii) CF3(CF2)n¥C(=O)¥X where X is 

any chemical moiety; 

(iv) CF3(CF2)m¥CH2¥X where X is 

any chemical moiety; 

(v) CF3(CF2)m¥Y¥X where Y = nonS, non-N hetero atom and where X is 

any chemical moiety, and 

(vi) structurally similar degradation 

products of any of the compounds in (i) 

through (v) of this paragraph. 

(2) Significant new uses. The 

significant new uses for chemical 

substance identified in paragraph (b)(1) 

of this section are: manufacture, import, 

or processing for use as part of carpets 

or to treat carpets (e.g., for use in the 

carpet aftercare market). 

(c) Specific requirements. The 

provisions of subpart A of this part 

apply to this section except as modified 

by this paragraph. 

(1) Revocation of certain notification 

exemptions. With respect to imports of 

carpets, the provisions of § 721.45(f) do 

not apply to this section. A person who 

imports a chemical substance identified 

in this section as part of a carpet is not 

exempt from submitting a significant 

new use notice. The other provision of 

§ 721.45(f), respecting processing a 

chemical substance as part of an article, 

remains applicable. 

(2) [Reserved] 

3. Section 721.9582 is amended by 

revising paragraph (a)(1) introductory 

text; by adding Table 4 to paragraph 

(a)(1) and by revising paragraphs (a)(2), 

(a)(3), (a)(4), and (a)(5) to read as 

follows: 

§ 721.9582 Certain perfluoroalkyl 

sulfonates. 

(a) Chemical substances and 

significant new uses subject to reporting. 

(1) The chemical substances listed in 

Table 1, Table 2, Table 3, and Table 4 

of this section are subject to reporting 

under this section for the significant 

new uses described in paragraph (a)(2) 

of this section. 

* * * * * 


srobinson on DSK4SPTVN1PROD with PROPOSALS
48934 Federal Register / Vol. 77, No. 158 / Wednesday, August 15, 2012 / Proposed Rules 

TABLE 4—FOURTH SET OF PFAS 

CHEMICALS SUBJECT TO REPORTING

Premanufacture 

notice case No. Generic chemical name 

P–83–0126 ...... Modified fluoroaliphatic 

adduct. 

P–90–0110 ...... Fluorochemical epoxide. 

P–94–1508 ...... Fluorinated polysiloxane. 

P–94–1509B .... Fluorinated polysiloxane. 

P–98–0809 ...... Fluorochemical esters. 

P–99–0296 ...... Fluoroalkyl derivative. 

P–01–0035 ...... Perfluorooctane 

sulfonate. 

(2) The significant new uses are: 

(i) Manufacturing, importing, or 

processing of any chemical substance 

listed in Table 1 of paragraph (a)(1) of 

this section for any use. 

(ii) Manufacturing, importing, or 

processing of any chemical substance 

listed in Table 2 of paragraph (a)(1) of 

this section for any use, except as noted 

in paragraph (a)(3) of this section. 

(iii) Manufacturing, importing, or 

processing of any chemical substance 

listed in Table 3 of paragraph (a)(1) of 

this section for any use, except as noted 

in paragraphs (a)(3) through (a)(5) of this 

section. 

(iv) Manufacturing, importing, or 

processing of any chemical substance 

listed in Table 4 of paragraph (a)(1) of 

this section for any use. 

(3) Manufacturing, importing, or 

processing of any chemical substance 

listed in Table 2 and Table 3 of 

paragraph (a)(1) of this section for the 

following specific uses shall not be 

considered as a significant new use 

subject to reporting under this section: 

(i) Use as an anti-erosion additive in 

fire-resistant phosphate ester aviation 

hydraulic fluids. 

(ii) Use as a component of a 

photoresist substance, including a photo 

acid generator or surfactant, or as a 

component of an anti-reflective coating, 

used in a photomicrolithography 

process to produce semiconductors or 

similar components of electronic or 

other miniaturized devices. 

(iii) Use in coating for surface tension, 

static discharge, and adhesion control 

for analog and digital imaging films, 

papers, and printing plates, or as a 

surfactant in mixtures used to process 

imaging films. 

(iv) Use as an intermediate only to 

produce other chemical substances to be 

used solely for the uses listed in 

paragraph (a)(3)(i), (ii), or (iii) of this 

section. 

(4) Manufacturing, importing, or 

processing of tetraethylammonium 

perfluorooctanesulfonate (CAS No. 

56773–42–3) for use as a fume/mist 

suppressant in metal finishing and 

plating baths shall not be considered as 

a significant new use subject to 

reporting under this section. Examples 

of such metal finishing and plating 

baths include: Hard chrome plating; 

decorative chromium plating; chromic 

acid anodizing; nickel, cadmium, or 

lead plating; metal plating on plastics; 

and alkaline zinc plating. 

(5) Manufacturing, importing, or 

processing of: 1-Pentanesulfonic acid, 

1,1,2,2,3,3,4,4,5,5,5-undecafluoro-, 

potassium salt (CAS No. 3872–25–1); 

Glycine, N-ethyl-N- 

[(tridecafluorohexyl)sulfonyl]-, 

potassium salt (CAS No. 67584–53–6); 

Glycine, N-ethyl-N- 

[(pentadecafluoroheptyl)sulfonyl]-, 

potassium salt (CAS No. 67584–62–7); 

1-Heptanesulfonic acid, 

1,1,2,2,3,3,4,4,5,5,6,6,7,7,7- 

pentadecafluoro-, ammonium salt (CAS 

No. 68259–07–4); 1- 

Heptanesulfonamide, N-ethyl1,1,2,2,3,3,4,4,5,5,6,6,7,7,7- 

pentadecafluoro- (CAS No. 68957–62– 

0); Poly(oxy-1,2-ethanediyl), .alpha.-[2- 

[ethyl[(pentadecafluoroheptyl)

sulfonyl]amino]ethyl]-.omega.-methoxy- 

(CAS No. 68958–60–1); or 1- 

Hexanesulfonic acid, 

1,1,2,2,3,3,4,4,5,5,6,6,6-tridecafluoro-, 

compd. with 2,2′-iminobis[ethanol] (1:1) 

(CAS No. 70225–16–0) for use as a 

component of an etchant, including a 

surfactant or fume suppressant, used in 

the plating process to produce 

electronic devices shall not be 

considered a significant new use subject 

to reporting under this section. 

* * * * * 

[FR Doc. 2012–19952 Filed 8–14–12; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS–R5–ES–2012–0056; 

4500030113] 

Endangered and Threatened Wildlife 

and Plants; 90-Day Finding on a 

Petition To List the Bicknell’s Thrush 

(Catharus bicknelli) as Endangered or 

Threatened 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of petition finding and 

initiation of status review. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), announce a 

90-day finding on a petition to list the 

Bicknell’s thrush (Catharus bicknelli) as 

endangered or threatened under the 

Endangered Species Act of 1973, as 

amended (Act), and to designate critical 

habitat. Based on our review, we find 

that the petition presents substantial 

scientific or commercial information 

indicating that listing this species may 

be warranted. Therefore, with the 

publication of this notice, we will be 

initiating a review of the status of the 

species to determine if listing the 

Bicknell’s thrush is warranted. To 

ensure that our status review is 

comprehensive, we are requesting 

scientific and commercial data and 

other information regarding this species. 

Based on the results of our status 

review, we will issue a 12-month 

finding on the petition, which will 

address whether the petitioned action is 

warranted, as provided in section 

4(b)(3)(B) of the Act. 

DATES: We request that we receive 

information on or before October 15, 

2012. The deadline for submitting an 

electronic comment using the Federal 

eRulemaking Portal (see ADDRESSES

section below) is 11:59 p.m. Eastern 

Time on this date. After October 15, 

2012, you must submit information 

directly to the Division of Policy and 

Directives Management (see ADDRESSES

section below). Please note that we 

might not be able to address or 

incorporate information that we receive 

after the above requested date. 

ADDRESSES: You may submit 

information by one of the following 

methods: 

(1) Electronically: Go to the Federal 

eRulemaking Portal: http:// 

www.regulations.gov. In the Search 

field, enter FWS–R5–ES–2012–0056, 

which is the docket number for this 

action. Then click on the Search button. 

You may submit a comment by clicking 

on ‘‘Comment Now!.’’ If your 

submission will fit in the provided 

comment box, please use this feature of 

http://www.regulations.gov, as it is most 

compatible with our information 

collection procedures. If you attach your 

submission as a separate document, our 

preferred file format is Microsoft Word. 

If you attach multiple documents (such 

as form letters), our preferred format is 

a spreadsheet in Microsoft Excel. 

(2) By hard copy: Submit by U.S. mail 

or hand-delivery to: Public Comments 

Processing, Attn: FWS–R5–ES–2012– 

0056; Division of Policy and Directives 

Management; U.S. Fish and Wildlife 

Service; 4401 N. Fairfax Drive, MS 

2042–PDM; Arlington, VA 22203. 

This finding is available on the 

Internet at http://www.regulations.gov at 

Docket Number FWS–R5–ES–2012– 

0056. Supporting documentation we 

used in preparing this finding is 


srobinson on DSK4SPTVN1PROD with PROPOSALS