Federal Register / Vol. 80, No. 44 / Friday, March 6, 2015 / Rules and Regulations 12083 

ADDRESSES: The docket for this 

deviation, [USCG–2015–0065] is 

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

Type the docket number in the 

‘‘SEARCH’’ box and click ‘‘SEARCH.’’ 

Click on Open Docket Folder on the line 

associated with this deviation. You may 

also visit the Docket Management 

Facility in Room W12–140, on the 

ground floor of the Department of 

Transportation West Building, 1200 

New Jersey Avenue SE., Washington, 

DC, 20590, between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

deviation, call or email Mr. Joe M. Arca, 

Project Officer, First Coast Guard 

District, telephone (212) 514–4336, 

joe.m.arca@uscg.mil. If you have 

questions on viewing the docket, call 

Cheryl Collins, Program Manager, 

Docket Operations, telephone (202) 

366–9826. 

SUPPLEMENTARY INFORMATION: The 

Metro-North (Park Avenue) Bridge 

across the Harlem River, mile 2.1, at 

New York City, New York, has a vertical 

clearance in the closed position of 25 

feet at mean high water and 30 feet at 

mean low water. The existing bridge 

operating regulations are found at 33 

CFR 117.789(c). 

The waterway is transited by 

commercial vessels. 

The bridge owner, Metro-North, 

requested a temporary deviation from 

the normal operating schedule to 

facilitate electrical repairs as a result of 

damage incurred from Hurricane Sandy. 

Under this temporary deviation, the 

Metro-North (Park Avenue) Bridge may 

remain in the closed position from 

March 13, 2015 through May 21, 2015. 

The habitual users can transit under 

the bridge without requesting bridge 

openings due to the high vertical 

clearance under the bridge. 

There are no alternate routes for 

vessel traffic; however, vessels that can 

pass under the closed draw during this 

closure may do so at all times. The 

bridge may not be opened in the event 

of an emergency. 

The Coast Guard will inform the users 

of the waterways through our Local and 

Broadcast Notice to Mariners of the 

change in operating schedule for the 

bridge so that vessels can arrange their 

transits to minimize any impact caused 

by the temporary deviation. 

In accordance with 33 CFR 117.35(e), 

the drawbridge must return to its regular 

operating schedule immediately at the 

end of the effective period of this 

temporary deviation. This deviation 

from the operating regulations is 

authorized under 33 CFR 117.35. 

Dated: February 23, 2015. 

C.J. Bisignano, 

Supervisory Bridge Management Specialist, 

First Coast Guard District. 

[FR Doc. 2015–05233 Filed 3–5–15; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2015–0085] 

Drawbridge Operation Regulations; 

Cheesequake Creek, Morgan, NJ 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of deviation from 

drawbridge regulation. 

SUMMARY: The Coast Guard has issued a 

temporary deviation from the operating 

schedule that governs the operation of 

the New Jersey Transit Rail Operations 

(NJTRO) railroad bridge across 

Cheesequake Creek, mile 0.2, at Morgan, 

New Jersey. This deviation is necessary 

to allow the bridge owner to perform 

structural repairs at the bridge. This 

deviation allows the bridge to remain 

closed on three consecutive weekends. 

DATES: This deviation is effective from 

6 a.m. on March 14, 2015 through 7 p.m. 

on March 28, 2015. 

ADDRESSES: The docket for this 

deviation, [USCG–2015–0085] is 

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

Type the docket number in the 

‘‘SEARCH’’ box and click ‘‘SEARCH.’’ 

Click on Open Docket Folder on the line 

associated with this deviation. You may 

also visit the Docket Management 

Facility in Room W12–140, on the 

ground floor of the Department of 

Transportation West Building, 1200 

New Jersey Avenue SE., Washington, 

DC, 20590, between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

deviation, call or email Mr. Joe M. Arca, 

Project Officer, First Coast Guard 

District, telephone (212) 514–4336, 

joe.m.arca@uscg.mil. If you have 

questions on viewing the docket, call 

Cheryl Collins, Program Manager, 

Docket Operations, telephone (202) 

366–9826. 

SUPPLEMENTARY INFORMATION: The 

NJTRO railroad bridge across 

Cheesequake Creek, mile 0.2, at Morgan, 

New Jersey, has a vertical clearance in 

the closed position of 3 feet at mean 

high water and 8 feet at mean low water. 

The existing bridge operating 

regulations are found at 33 CFR 

117.709(b). 

The waterway is transited by seasonal 

recreational vessels of various sizes. 

The bridge owner, NJTRO, requested 

a temporary deviation from the normal 

operating schedule to facilitate 

structural repairs at the bridge. 

Under this temporary deviation the 

NJTRO railroad bridge shall remain in 

the closed position for three consecutive 

weekends from 6 a.m. on Saturday 

through 7 p.m. on Sunday on the 

following dates: March 14 and 15, 

March 21 and 22, and March 28 and 29, 

2015. 

The draw shall maintain its normal 

operating schedule at all other times. 

There are no alternate routes for 

vessel traffic; however, vessels that can 

pass under the closed draw during this 

closure may do so at all times. The 

bridge may be opened in the event of an 

emergency. 

The Coast Guard will inform the users 

of the waterways through our Local and 

Broadcast Notice to Mariners of the 

change in operating schedule for the 

bridge so that vessels can arrange their 

transits to minimize any impact caused 

by the temporary deviation. 

In accordance with 33 CFR 117.35(e), 

the drawbridge must return to its regular 

operating schedule immediately at the 

end of the effective period of this 

temporary deviation. This deviation 

from the operating regulations is 

authorized under 33 CFR 117.35. 

Dated: February 23, 2015. 

C.J. Bisignano, 

Supervisory Bridge Management Specialist, 

First Coast Guard District. 

[FR Doc. 2015–05234 Filed 3–5–15; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 9 and 721 

[EPA–HQ–OPPT–2011–0941; FRL–9922–30] 

RIN 2070–AB27 

Significant New Use Rule for Pentane, 

1,1,1,2,3,3-hexafluoro-4-(1,1,2,3,3,3- 

hexafluoropropoxy)- 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is finalizing a significant 

new use rule (SNUR) under the Toxic 

Substances Control Act (TSCA) for the 

chemical substance Pentane, 1,1,1,2,3,3- 

hexafluoro-4-(1,1,2,3,3,3- 

hexafluoropropoxy)- that was the 


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subject of premanufacture notice (PMN) 

P–07–204. This action requires persons 

who intend to manufacture (including 

import) this chemical substance for an 

activity that is designated as a 

significant new use by this final rule to 

notify EPA at least 90 days before 

commencing that activity. The required 

notification will provide EPA with the 

opportunity to evaluate the intended 

use and, if necessary, to prohibit or limit 

that activity before it occurs. 

DATES: This final rule is effective April 

6, 2015. 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPPT–2011–0941, is 

available at http://www.regulations.gov 

or at the Office of Pollution Prevention 

and Toxics Docket (OPPT Docket), 

Environmental Protection Agency 

Docket Center (EPA/DC), West William 

Jefferson Clinton Bldg., Rm. 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 OPPT 

Docket is (202) 566–0280. Please review 

the visitor instructions and additional 

information about the docket, available 

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

FOR FURTHER INFORMATION CONTACT: 

For technical information contact: 

Kenneth Moss, Chemical Control 

Division (7405M), Office of Pollution 

Prevention and Toxics, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave. NW., Washington, DC 20460–0001; 

telephone number: (202) 564–9232; 

email address: moss.kenneth@epa.gov. 

For general information contact: The 

TSCA-Hotline, ABVI-Goodwill, 422 

South Clinton Ave., Rochester, NY 

14620; telephone number: (202) 554– 

1404; email address: TSCA-Hotline@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Does this action apply to me? 

You may be potentially affected by 

this action if you manufacture, process, 

or use the chemical substance Pentane, 

1,1,1,2,3,3-hexafluoro-4-(1,1,2,3,3,3- 

hexafluoropropoxy)- (PMN P–07–204; 

CAS No. 870778–34–0) contained in 

this final rule. The following list of 

North American Industrial 

Classification System (NAICS) codes is 

not intended to be exhaustive, but rather 

provides a guide to help readers 

determine whether this document 

applies to them. Potentially affected 

entities may include: 

• Manufacturers or processors of the 

subject chemical substance (NAICS 

codes 325 and 324110), e.g., chemical 

manufacturing and petroleum refineries. 

This action may also affect certain 

entities through pre-existing import 

certification and export notification 

rules under TSCA. Chemical importers 

are subject to the TSCA section 13 (15 

U.S.C. 2612) import certification 

requirements promulgated at 19 CFR 

12.118 through 12.127 and 19 CFR 

127.28. Chemical importers must certify 

that the shipment of the chemical 

substance complies with all applicable 

rules and orders under TSCA. Importers 

of chemicals subject to these SNURs 

must certify their compliance with the 

SNUR requirements. The EPA policy in 

support of import certification appears 

at 40 CFR part 707, subpart B. In 

addition, any persons who export or 

intend to export a chemical substance 

that is the subject of this final rule are 

subject to the export notification 

provisions of TSCA section 12(b) (15 

U.S.C. 2611(b)) (see § 721.20), and must 

comply with the export notification 

requirements in 40 CFR part 707, 

subpart D. 

II. Background 

A. What action is the agency taking? 

EPA is finalizing a SNUR, under 

TSCA section 5(a)(2), for the chemical 

substance Pentane, 1,1,1,2,3,3- 

hexafluoro-4-(1,1,2,3,3,3- 

hexafluoropropoxy)- (PMN P–07–204; 

CAS No. 870778–34–0) codified at 40 

CFR 721.10509. This final rule requires 

persons who intend to manufacture or 

process the chemical substance for an 

activity that is designated as a 

significant new use by this final rule to 

notify EPA at least 90 days before 

commencing that activity. 

In the Federal Register of September 

21, 2012 (77 FR 58666) (FRL–9357–2), 

EPA issued a direct final SNUR for the 

chemical substance. EPA received 

notice of intent to submit adverse 

comments for the direct final SNUR. In 

response to that notification a rule was 

proposed in the Federal Register issue 

of January 23, 2013 (78 FR 4806) (FRL– 

6369–9). In response to the proposed 

rule, EPA received one public comment 

from the submitter of PMN P–07–204. 

The comment noted that in the time 

period between filing of a Notice of 

Commencement of Manufacture or 

Import in March 2008, and the time of 

publication of the direct final SNUR in 

September 2012, the company had 

entered into an industrial solvent use 

that did not specifically fall within the 

scope of the 40 CFR 721.80(j) (the 

confidential uses identified in the 

amended premanufacture notice) 

significant new use reporting 

requirement contained in the rule. 

Therefore, the use was considered an 

ongoing use at the time of the direct 

final SNUR. 

Further, the commenter mentioned 

the intent to submit several health and 

safety studies on the PMN substance 

that were completed after the expiration 

of the PMN review period. The 

following table identifies the studies 

that were subsequently submitted to the 

Agency for review and the results of 

EPA’s review of those studies: 

Study EPA findings from study 

5-day Inhalation toxicity test in rats .......................................................... Uncertain increase in liver weights at highest dose. 

Acute dermal toxicity test in rats .............................................................. No Observed Adverse Effect Level (NOAEL) of 2,000 milligram/kilogram/day (mg/kg/day). 

Acute eye irritation/corrosion test in rabbits ............................................. Not an eye irritant. 

Assessment of contact hypersensitivity in the mouse ............................. Not a skin sensitizer. 

Color microarray analysis of liver RNA .................................................... Indications of ability to activate the xenobiotic nuclear receptor CAR 

(constitutive androstane receptor), but of uncertain significance relative to ability to affect clinical chemistry endpoints. 

Primary skin irritation/corrosion test in rabbits. ........................................ Not a skin irritant. 

Sub-acute (29-day) inhalation toxicity test in rats .................................... Lowest Observed Adverse Effect Level (LOAEL) of 495 parts per million (ppm) based on liver effects. 

Analysis of the effect on primary cell cultures (low potency peroxisome 

proliferator-activated receptor (PPAR) agonist).

Uncertain significance. 


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Agency review of the 29-day 

inhalation toxicity study, which 

demonstrated liver effects, along with 

the perfluorochemical analog data cited 

in the proposed SNUR, demonstrate the 

concern cited in the proposed SNUR for 

neurotoxicity and liver effects as a result 

of unprotected occupational exposures 

via the dermal route. Therefore, the 

Agency is issuing a final SNUR as 

proposed that designates as a significant 

new use manufacture or processing of 

the substance without impervious 

gloves, where there is a potential for 

dermal exposure, and simplifies the 

wording in the significant new use 

designation under 40 CFR 721.80 to 

encompass the ongoing use as follows: 

‘‘A significant new use is any use of the 

substance other than for the specific 

confidential industrial solvent uses 

identified in the amended 

premanufacture notice (PMN).’’ 

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 or 

process the chemical substance for that 

use. Persons who must report are 

described in § 721.5. 

C. Applicability of General Provisions 

General provisions for SNURs appear 

in 40 CFR part 721, subpart A. These 

provisions describe persons subject to 

the rule, recordkeeping requirements, 

exemptions to reporting requirements, 

and applicability of the final rule to uses 

occurring before the effective date of the 

final rule. Provisions relating to user 

fees appear at 40 CFR part 700. 

According to § 721.1(c), persons subject 

to these SNURs must comply with the 

same SNUN requirements and EPA 

regulatory procedures as submitters of 

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

particular, these requirements include 

the information submission 

requirements of TSCA section 5(b) and 

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

TSCA section 5(h)(1), (2), (3), and (5), 

and the regulations at 40 CFR part 720. 

Once EPA receives a SNUN, EPA may 

take regulatory action under TSCA 

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

activities for which it has received the 

SNUN. If EPA does not take action, EPA 

is required under TSCA section 5(g) to 

explain in the Federal Register its 

reasons for not taking action. 

III. Rationale and Objectives of the 

Final Rule 

A. Rationale 

During review of the PMN for the 

chemical substance Pentane, 1,1,1,2,3,3- 

hexafluoro-4-(1,1,2,3,3,3- 

hexafluoropropoxy)- (PMN P–07–204; 

CAS No. 870778–34–0), EPA 

determined that one or more of the 

criteria of concern established at 

§ 721.170 were met. For additional 

discussion of the rationale for the SNUR 

on this chemical, see Units II., IV., and 

V. of the proposed rule. 

B. Objectives 

EPA is issuing this final SNUR for the 

chemical substance Pentane, 1,1,1,2,3,3- 

hexafluoro-4-(1,1,2,3,3,3- 

hexafluoropropoxy)- (PMN P–07–204; 

CAS N. 870778–34–0) because the 

Agency wants to achieve the following 

objectives with regard to the significant 

new uses designated in this final rule: 

• EPA will receive notice of any 

person’s intent to manufacture or 

process a listed chemical substance for 

the described significant new use before 

that activity begins. 

• EPA will have an opportunity to 

review and evaluate data submitted in a 

SNUN before the notice submitter 

begins manufacturing or processing a 

listed chemical substance for the 

described significant new use. 

• EPA will be able to regulate 

prospective manufacturers or processors 

of a listed chemical substance before the 

described significant new use of that 

chemical substance occurs, provided 

that regulation is warranted pursuant to 

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

Issuance of a SNUR for a chemical 

substance does not signify that the 

chemical substance is listed on the 

TSCA Chemical Substance Inventory 

(TSCA Inventory). Guidance on how to 

determine if a chemical substance is on 

the TSCA Inventory is available on the 

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

existingchemicals/pubs/tscainventory/

index.html. 

IV. Significant New Use Determination 

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

EPA’s determination that a use of a 

chemical substance is a significant new 

use must be made after consideration of 

all relevant factors, including: 

• The projected volume of 

manufacturing and processing of a 

chemical substance. 

• The extent to which a use changes 

the type or form of exposure of human 

beings or the environment to a chemical 

substance. 

• The extent to which a use increases 

the magnitude and duration of exposure 

of human beings or the environment to 

a chemical substance. 

• The reasonably anticipated manner 

and methods of manufacturing, 

processing, distribution in commerce, 

and disposal of a chemical substance. 

In addition to these factors 

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

statute authorized EPA to consider any 

other relevant factors. 

To determine what would constitute a 

significant new use for the chemical 

substance pentane, 1,1,1,2,3,3- 

hexafluoro-4-(1,1,2,3,3,3- 

hexafluoropropoxy)- (PMN P–07–204; 

CAS No. 870778–34–0), EPA considered 

relevant information about the toxicity 

of the chemical substances, likely 

human exposures and environmental 

releases associated with possible uses, 

and the four bulleted TSCA section 

5(a)(2) factors listed in this unit. 

V. Applicability of the Significant New 

Use Designation 

If uses begun after the proposed rule 

was published were considered ongoing 

rather than new, any person could 

defeat the SNUR by initiating the 

significant new use before the final rule 

was issued. Therefore EPA has 

designated the date of publication of the 

proposed rule as the cutoff date for 

determining whether the new use is 

ongoing. Consult the Federal Register 

Notice of April 24, 1990 (55 FR 17376, 

FRL 3658–5) for a more detailed 

discussion of the cutoff date for ongoing 

uses. 

Any person who began commercial 

manufacture or processing of the 

chemical substance identified as 

pentane, 1,1,1,2,3,3-hexafluoro-4- 

(1,1,2,3,3,3-hexafluoropropoxy)- (PMN 

P–07–204; CAS No. 870778–34–0) for 

any of the significant new uses 

designated in the proposed SNUR after 

the date of publication of the proposed 

SNUR, must stop that activity before the 

effective date of the final rule. Persons 

who ceased those activities will have to 

first comply with all applicable SNUR 

notification requirements and wait until 

the notice review period, including any 

extensions, expires, before engaging in 

any activities designated as significant 

new uses. If a person were to meet the 

conditions of advance compliance 

under 40 CFR 721.45(h), the person 

would be considered to have met the 

requirements of the final SNUR for 

those activities. 


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VI. Test Data and Other Information 

EPA recognizes that TSCA section 5 

does not require developing any 

particular test data before submission of 

a SNUN. The two exceptions are: 

1. Development of test data is 

required where the chemical substance 

subject to the SNUR is also subject to a 

test rule under TSCA section 4 (see 

TSCA section 5(b)(1)). 

2. Development of test data may be 

necessary where the chemical substance 

has been listed under TSCA section 

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

In the absence of a TSCA section 4 

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

listing covering the chemical substance, 

persons are required only to submit test 

data in their possession or control and 

to describe any other data known to or 

reasonably ascertainable by them (see 40 

CFR 720.50). However, upon review of 

PMNs and SNUNs, the Agency has the 

authority to require appropriate testing. 

Recommended testing that would 

address the criteria of concern of 

§ 721.170 can be found in Unit IV. of the 

proposed rule. Descriptions of tests are 

provided only for informational 

purposes. EPA strongly encourages 

persons, before performing any testing, 

to consult with the Agency pertaining to 

protocol selection. 

SNUN submitters should be aware 

that EPA will be better able to evaluate 

SNUNs which provide detailed 

information on the following: 

• Human exposure and 

environmental release that may result 

from the significant new use of the 

chemical substances. 

• Potential benefits of the chemical 

substances. 

• Information on risks posed by the 

chemical substances compared to risks 

posed by potential substitutes. 

VII. SNUN Submissions 

According to § 721.1(c), persons 

submitting a SNUN must comply with 

the same notification requirements and 

EPA regulatory procedures as persons 

submitting a PMN, including 

submission of test data on health and 

environmental effects as described in 40 

CFR 720.50. SNUNs must be submitted 

on EPA Form No. 7710–25, generated 

using e-PMN software, and submitted to 

the Agency in accordance with the 

procedures set forth in 40 CFR 720.40 

and § 721.25. E–PMN software is 

available electronically at http://

www.epa.gov/opptintr/newchems. 

VIII. Economic Analysis 

EPA has evaluated the potential costs 

of establishing SNUN requirements for 

potential manufacturers and processors 

of the chemical substance during the 

development of the direct final rule. 

EPA’s complete economic analysis is 

available in the docket under docket ID 

number EPA–HQ–OPPT–2011–0941. 

IX. Statutory and Executive Order 

Reviews 

A. Executive Order 12866 

This final rule establishes a SNUR for 

a chemical substance that was the 

subject of a PMN. The Office of 

Management and Budget (OMB) has 

exempted these types of actions from 

review under Executive Order 12866, 

entitled ‘‘Regulatory Planning and 

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

B. Paperwork Reduction Act (PRA) 

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

seq.), an agency may not conduct or 

sponsor, and a person is not required to 

respond to a collection of information 

that requires OMB approval under PRA, 

unless it has been approved by OMB 

and displays a currently valid OMB 

control number. The OMB control 

numbers for EPA’s regulations in title 40 

of the CFR, after appearing in the 

Federal Register, are listed in 40 CFR 

part 9, and included on the related 

collection instrument or form, if 

applicable. EPA is amending the table in 

40 CFR part 9 to list the OMB approval 

number for the information collection 

requirements contained in this final 

rule. This listing of the OMB control 

numbers and their subsequent 

codification in the CFR satisfies the 

display requirements of PRA and OMB’s 

implementing regulations at 5 CFR part 

1320. This Information Collection 

Request (ICR) was previously subject to 

public notice and comment prior to 

OMB approval, and given the technical 

nature of the table, EPA finds that 

further notice and comment to amend it 

is unnecessary. As a result, EPA finds 

that there is ‘‘good cause’’ under section 

553(b)(3)(B) of the Administrative 

Procedure Act (5 U.S.C. 553(b)(3)(B)) to 

amend this table without further notice 

and comment. 

The information collection 

requirements related to this action have 

already been approved by OMB 

pursuant to PRA under OMB control 

number 2070–0012 (EPA ICR No. 574). 

This action does not impose any burden 

requiring additional OMB approval. If 

an entity were to submit a SNUN to the 

Agency, the annual burden is estimated 

to average between 30 and 170 hours 

per response. This burden estimate 

includes the time needed to review 

instructions, search existing data 

sources, gather and maintain the data 

needed, and complete, review, and 

submit the required SNUN. 

Send any comments about the 

accuracy of the burden estimate, and 

any suggested methods for minimizing 

respondent burden, including through 

the use of automated collection 

techniques, to the Director, Collection 

Strategies Division, Office of 

Environmental Information (2822T), 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001. Please remember to 

include the OMB control number in any 

correspondence, but do not submit any 

completed forms to this address. 

C. Regulatory Flexibility Act (RFA) 

On February 18, 2012, EPA certified 

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

601 et seq.), that promulgation of a 

SNUR does not have a significant 

economic impact on a substantial 

number of small entities where the 

following are true: 

1. A significant number of SNUNs 

would not be submitted by small 

entities in response to the SNUR. 

2. The SNUR submitted by any small 

entity would not cost significantly more 

than $8,300. 

A copy of that certification is 

available in the docket for this final 

rule. 

This final rule is within the scope of 

the February 18, 2012 certification. 

Based on the Economic Analysis 

discussed in Unit VIII. and EPA’s 

experience promulgating SNURs 

(discussed in the certification), EPA 

believes that the following are true: 

• A significant number of SNUNs 

would not be submitted by small 

entities in response to the SNUR. 

• Submission of the SNUN would not 

cost any small entity significantly more 

than $8,300. 

Therefore, the promulgation of the 

SNUR would not have a significant 

economic impact on a substantial 

number of small entities. 

D. Unfunded Mandates Reform Act 

(UMRA) 

Based on EPA’s experience with 

proposing and finalizing SNURs, State, 

local, and Tribal governments have not 

been impacted by these rulemakings, 

and EPA does not have any reasons to 

believe that any State, local, or Tribal 

government will be impacted by this 

final rule. As such, EPA has determined 

that this action does not impose any 

enforceable duty, contain any unfunded 

mandate, or otherwise have any effect 

on small governments subject to the 

requirements of UMRA sections 202, 

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


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E. Executive Order 13132 

This action will not have a substantial 

direct effect on States, on the 

relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132, entitled 

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

1999). 

F. Executive Order 13175 

This action does not have Tribal 

implications because it is not expected 

to have substantial direct effects on 

Indian Tribes. This final rule does not 

significantly nor uniquely affect the 

communities of Indian Tribal 

governments, nor does it involve or 

impose any requirements that affect 

Indian Tribes. Accordingly, the 

requirements of Executive Order 13175, 

entitled ‘‘Consultation and Coordination 

with Indian Tribal Governments’’ (65 FR 

67249, November 9, 2000), do not apply 

to this final rule. 

G. Executive Order 13045 

This action is not subject to Executive 

Order 13045, entitled ‘‘Protection of 

Children from Environmental Health 

Risks and Safety Risks’’ (62 FR 19885, 

April 23, 1997), because this is not an 

economically significant regulatory 

action as defined by Executive Order 

12866, and this action does not address 

environmental health or safety risks 

disproportionately affecting children. 

H. Executive Order 13211 

This action is not subject to Executive 

Order 13211, entitled ‘‘Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

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

22, 2001), because this action is not 

expected to affect energy supply, 

distribution, or use and because this 

action is not a significant regulatory 

action under Executive Order 12866. 

I. National Technology Transfer and 

Advancement Act (NTTAA) 

In addition, since this action does not 

involve any technical standards, 

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

note), does not apply to this action. 

J. Executive Order 12898 

This action does not entail special 

considerations of environmental justice 

related issues as delineated by 

Executive Order 12898, entitled 

‘‘Federal Actions to Address 

Environmental Justice in Minority 

Populations and Low-Income 

Populations’’ (59 FR 7629, February 16, 

1994). 

X. Congressional Review Act (CRA) 

Pursuant to the Congressional Review 

Act (5 U.S.C. 801 et seq.), EPA will 

submit a report containing this final 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 final rule in the 

Federal Register. This action is not a 

‘‘major rule’’ as defined by 5 U.S.C. 

804(2). 

List of Subjects 

40 CFR Part 9 

Environmental protection, Reporting 

and recordkeeping requirements. 

40 CFR Part 721 

Environmental protection, Chemicals, 

Hazardous substances, Reporting and 

recordkeeping requirements. 

Dated: February 23, 2015. 

Maria J. Doa, 

Director, Chemical Control Division, Office 

of Pollution Prevention and Toxics. 

Therefore, 40 CFR parts 9 and 721 are 

amended as follows: 

PART 9—[AMENDED] 

■ 1. The authority citation for part 9 

continues to read as follows: 

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

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

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

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

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

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

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

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

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

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

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

11023, 11048. 

■ 2. In § 9.1, add the following section 

in numerical order under the 

undesignated center heading 

‘‘Significant New Uses of Chemical 

Substances’’ to read as follows: 

§ 9.1 OMB approvals under the Paperwork 

Reduction Act. 

* * * * * 

40 CFR citation OMB Control 

No. 

* * * * * 

Significant New Uses of Chemical 

Substances 

* * * * * 

721.10509 ............................. 2070–0012 

* * * * * 

* * * * * 

PART 721—[AMENDED] 

■ 3. The authority citation for part 721 

continues to read as follows: 

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

2625(c). 

■ 4. Add § 721.10509 to subpart E to 

read as follows: 

§ 721.10509 Pentane, 1,1,1,2,3,3- 

hexafluoro-4-(1,1,2,3,3,3- 

hexafluoropropoxy)-. 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substance identified as 

pentane, 1,1,1,2,3,3-hexafluoro-4- 

(1,1,2,3,3,3-hexafluoropropoxy)- (PMN 

P–07–204; CAS No. 870778–34–0) is 

subject to reporting under this section 

for the significant new uses described in 

paragraph (a)(2) of this section. 

(2) The significant new uses are: 

(i) Protection in the workplace. 

Requirements as specified in 

§ 721.63(a)(1), (a)(2)(i), (a)(3), 

(b)(concentration set at 1.0 percent), and 

(c). 

(ii) Industrial, commercial, and 

consumer activities. Requirements as 

specified in § 721.80. A significant new 

use is any use of the substance other 

than for the specific confidential 

industrial solvent uses identified in the 

amended premanufacture notice (PMN). 

(b) Specific requirements. The 

provisions of subpart A of this part 

apply to this section except as modified 

by this paragraph. 

(1) Recordkeeping. Recordkeeping 

requirements as specified in § 721.125 

(a) through (e), and (i) are applicable to 

manufacturers and processors of this 

substance. 

(2) Limitations or revocation of 

certain notification requirements. The 

provisions of § 721.185 apply to this 

section. 

(3) Determining whether a specific use 

is subject to this section. The provisions 

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

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

[FR Doc. 2015–05069 Filed 3–5–15; 8:45 am] 

BILLING CODE 6560–50–P 


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