27294 Federal Register / Vol. 76, No. 91 / Wednesday, May 11, 2011 / Proposed Rules 

PM2.5 NAAQS. Today’s actions do not 

address the 24-hour PM2.5 NAAQS. 

V. Statutory and Executive Order 

Reviews 

These actions propose to make 

determinations of attainment based on 

air quality, and would, if finalized, 

result in the suspension of certain 

Federal requirements, and it would not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, these proposed actions: • Are not ‘‘significant regulatory 

actions’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); • Do not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); • Are certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act 

(5 U.S.C. 601 et seq.); • Do not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); • Do not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); • Are not economically significant 

regulatory actions based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); • Are not significant regulatory 

actions subject to Executive Order 

13211 (66 FR 28355, May 22, 2001); • Are not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and • Do not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). In 

addition, these proposed 1997 annual 

PM2.5 NAAQS determinations for the 

Huntington-Ashland Area do not have 

Tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on Tribal governments or preempt 

Tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Intergovernmental 

relations, Particulate matter, Reporting 

and recordkeeping requirements. 

Dated: April 13, 2011. 

Gwendolyn Keyes Fleming, 

Regional Administrator, Region 4. 

Dated: April 26, 2011. 

Susan Hedman, 

Regional Administrator, Region 5. 

Dated: April 6, 2011. 

W.C. Early, 

Acting Regional Administrator, Region III. 

[FR Doc. 2011–11355 Filed 5–10–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 721 

[EPA–HQ–OPPT–2011–0109; FRL–8871–3] 

RIN 2070–AB27 

Proposed Revocation of the Significant 

New Use Rule on a Certain Chemical 

Substance 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to revoke a 

significant new use rule (SNUR) 

promulgated under section 5(a)(2) of the 

Toxic Substances Control Act (TSCA) 

for a chemical substance identified 

generically as substituted 

ethoxyethylamine phosphonate, which 

was the subject of premanufacture 

notice (PMN) P–95–1950. EPA issued a 

‘‘non-5(e)’’ SNUR (i.e. SNUR on a 

substance that is not subject to a TSCA 

section 5(e) consent order), designating 

certain activities as significant new uses 

based on the concern criteria. EPA has 

received and reviewed new information 

and test data for the chemical substance 

and proposes to revoke the SNUR. 

DATES: Comments must be received on 

or before June 10, 2011. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPPT–2011–0109, 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–2011–0109. 

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– 

2011–0109. 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 

e-mail. 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 e-mail comment directly 

to EPA without going through 

regulations.gov, your e-mail 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. 

Docket: All documents in the docket 

are listed in the docket index available 

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

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

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 


emcdonald on DSK2BSOYB1PROD with PROPOSALS
Federal Register / Vol. 76, No. 91 / Wednesday, May 11, 2011 / Proposed Rules 27295 

excluding legal 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: Virginia 

Lee, Chemical Control Division (7405 

M), Office of Pollution Prevention and 

Toxics, Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460–0001; telephone 

number: (202) 564–4142; e-mail address: 

lee.virginia@epa.gov. 

For general information contact: The 

TSCA-Hotline, ABVI-Goodwill, 422 

South Clinton Ave., Rochester, NY 

14620; telephone number: (202) 554– 

1404; e-mail address: TSCA– 

Hotline@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you manufacture, import, 

process, or use the chemical substance 

contained in this proposed rule. 

Potentially affected entities may 

include, but are not limited to: 

• Manufacturers, importers, or 

processors of the subject chemical 

substance (NAICS codes 325 and 

324110), e.g., chemical manufacturers 

and petroleum refineries. This listing is 

not intended to be exhaustive, but rather 

provides a guide for readers regarding 

entities likely to be affected by this 

action. Other types of entities not listed 

in this unit could also be affected. The 

North American Industrial 

Classification System (NAICS) codes 

have been provided to assist you and 

others in determining whether this 

action might apply to certain entities. 

To determine whether you or your 

business may be affected by this action, 

you should carefully examine the 

applicability provisions in § 721.5. 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 because of import certification 

and export notification requirements 

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; see also 19 CFR 

127.28. Chemical importers must certify 

that the shipment of the chemical 

substance complies with all applicable 

rules and orders under TSCA. The EPA 

policy in support of import certification 

appears at 40 CFR part 707, subpart B. 

Importers of the chemical, the subject of 

this action, would no longer be required 

to certify compliance with the SNUR 

requirements if the revocation becomes 

effective. In addition, if this proposed 

SNUR revocation becomes effective, 

persons who export or intend to export 

the chemical that is the subject of this 

action would no longer be subject to the 

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

export notification requirements at 40 

CFR part 707, that are currently 

triggered by the SNUR. 

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 e-mail. Clearly mark 

the part or all of the information that 

you claim to be CBI. For CBI 

information in a disk or CD–ROM that 

you mail to EPA, mark the outside of the 

disk or CD–ROM as CBI and then 

identify electronically within the disk or 

CD–ROM the specific information that 

is claimed as CBI. In addition to one 

complete version of the comment that 

includes information claimed as CBI, a 

copy of the comment that does not 

contain the information claimed as CBI 

must be submitted for inclusion in the 

public docket. Information so marked 

will not be disclosed except in 

accordance with procedures set forth in 

40 CFR part 2. 

2. Tips for preparing your comments. 

When submitting comments, remember 

to: 

i. Identify the document by docket ID 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

ii. Follow directions. The Agency may 

ask you to respond to specific questions 

or organize comments by referencing a 

Code of Federal Regulations (CFR) part 

or section number. 

iii. Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

iv. Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

v. If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

vi. Provide specific examples to 

illustrate your concerns and suggest 

alternatives. 

vii. Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

viii. Make sure to submit your 

comments by the comment period 

deadline identified. 

II. Background 

A. What action is the agency taking? 

In the Federal Register of January 22, 

1998 (63 FR 3393) (FRL–5720–3), EPA 

promulgated a SNUR at 40 CFR 

721.6078 for the chemical substance 

identified generically as substituted 

ethoxyethylamine phosphonate (PMN 

P–95–1950). This SNUR designated 

certain activities as significant new uses 

based on the environmental effect 

criteria identified in § 721.170(b)(4)(ii) 

for analogous polyanionic monomers. 

EPA has received and reviewed aquatic 

toxicity test data for the chemical 

substance and based on its review of 

these data, EPA now proposes to revoke 

the SNUR pursuant to § 721.185. In this 

unit, EPA provides a brief description of 

this chemical substance, including the 

PMN number, generic chemical name, 

the Federal Register publication date 

and reference, the docket number, the 

basis for revoking the SNUR under 

§ 721.185, and the CFR citation of the 

SNUR. 

PMN Number P–95–1950 

Chemical name: Substituted 

ethoxyethylamine phosphonate 

(generic). 

CAS number: Not available. 

Federal Register publication date and 

reference: January 22, 1998 (63 FR 

3393). 

Docket number: OPPTS–50628. 

Basis for revocation of SNUR: EPA 

issued a SNUR for this substance based 

on the environmental effect criteria at 

§ 721.170(b)(4)(ii) for analogous 

polyanionic monomers. Subsequently, 

the PMN submitter petitioned EPA to 

revoke the SNUR based on the results of 

submitted aquatic toxicity testing in 

fish, daphnids, and algae. The aquatic 

toxicity testing demonstrated that the 

substance has inherently low toxicity, 

mitigating EPA’s concern for toxicity to 

aquatic organisms. Therefore, EPA 

rescinds its finding that releases to 

water resulting in stream concentrations 

that exceed 30 parts per billion (ppb) 

may cause significant adverse 

environmental effects. Based on 

available information, the substance no 

longer meets the concern criteria at 

§ 721.170(b)(4)(ii). Therefore, EPA 

proposes that the SNUR for this 


emcdonald on DSK2BSOYB1PROD with PROPOSALS
27296 Federal Register / Vol. 76, No. 91 / Wednesday, May 11, 2011 / Proposed Rules 

chemical substance be revoked pursuant 

to § 721.185(a)(4). 

CFR citation: 40 CFR 721.6078. 

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. The mechanism 

for reporting under this requirement is 

established under § 721.5. 

Upon conclusion of the review for P– 

95–1950, based on the concern criteria 

in § 721.170(b)(4)(ii) discussed in Unit 

II.A., EPA determined that there was a 

concern for potential environmental 

effects of the substance at a 

concentration as low as 30 ppb of the 

PMN substance in surface waters and 

promulgated a non-5(e) SNUR for this 

chemical substance. 

Under § 721.185, EPA may at any time 

revoke a SNUR for a chemical substance 

which has been added to subpart E of 

40 CFR part 721 if EPA makes one of the 

determinations set forth in 

§ 721.185(a)(1) through (a)(6). 

Revocation may occur on EPA’s 

initiative or in response to a written 

request. Under § 721.185(b)(3), if EPA 

concludes that a SNUR should be 

revoked, the Agency will propose the 

changes in the Federal Register, briefly 

describe the grounds for the action, and 

provide interested parties an 

opportunity to comment. 

EPA has determined that the criteria 

set forth in § 721.185(a)(4) have been 

satisfied for the chemical substance; 

therefore, EPA is proposing to revoke 

the SNUR for this chemical substance. 

The significant new use notification and 

the recordkeeping requirements at 40 

CFR 721.6078 would terminate if and 

when this proposed revocation becomes 

effective. In addition, export notification 

under TSCA section 12(b) and 40 CFR 

part 707, subpart D triggered by the 

SNUR would no longer be required. 

III. Statutory and Executive Order 

Reviews 

This proposed rule would revoke or 

eliminate an existing regulatory 

requirement and does not contain any 

new or amended requirements. As such, 

the Agency has determined that this 

proposed SNUR revocation would not 

have any adverse impacts, economic or 

otherwise. 

The Office of Management and Budget 

(OMB) has exempted these types of 

regulatory actions from review under 

Executive Order 12866, entitled 

Regulatory Planning and Review (58 FR 

51735, October 4, 1993). This proposed 

rule does not contain any information 

collections subject to approval under 

the Paperwork Reduction Act (PRA), (44 

U.S.C. 3501 et seq.). Since this proposed 

rule eliminates a reporting requirement, 

the Agency certifies pursuant to section 

605(b) of the Regulatory Flexibility Act 

(RFA) (5 U.S.C. 601 et seq.), that this 

SNUR revocation would not have a 

significant economic impact on a 

substantial number of small entities. 

For the same reasons, this action does 

not require any action under Title II of 

the Unfunded Mandates Reform Act of 

1995 (UMRA) (Pub. L. 104–4). This 

proposed rule has neither Federalism 

implications, because it would not have 

substantial direct effects 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), nor Tribal implications, because 

it would not have substantial direct 

effects on one or more Indian Tribes, on 

the relationship between the Federal 

Government and Indian Tribes, or on 

the distribution of power and 

responsibilities between the Federal 

Government and Indian Tribes, as 

specified in Executive Order 13175, 

entitled Consultation and Coordination 

with Indian Tribal Governments (65 FR 

67249, November 9, 2000). 

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 under Executive Order 

12866, and it does not address 

environmental health or safety risks 

disproportionately affecting children. It 

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. Because 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. This 

action does not involve special 

considerations of environmental justice 

related issues as required 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: April 29, 2011. 

Wendy C. Hamnett, 

Director, Office of Pollution Prevention and 

Toxics. 

Therefore, it is proposed that 40 CFR 

part 721 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). 

§ 721.6078 [Removed] 

2. Remove § 721.6078. 

[FR Doc. 2011–11208 Filed 5–10–11; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 90 

[WT Docket No. 11–69, ET Docket No. 09– 

234; FCC 11–63] 

Private Land Mobile Radio Service 

Regulations 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: This document proposes to 

modify our rules to permit the 

implementation of Terrestrial Trunked 

Radio (TETRA) technology in the 

United States. We also seek comment on 

our proposed technical rules that would 

enable digital technologies like TETRA 

to operate without causing interference 

to existing systems, and on how the 

deployment of TETRA technology may 

affect public safety interoperability. 

Comments on these proposed rule 

changes will aid the Commission in 

determining whether or not it is in the 

public interest to make TETRA 

technology available to private wireless 

users, especially those that must comply 

with the upcoming narrowbanding 

requirements. 

DATES: Submit comments on or before 

June 27, 2011 and reply comments are 

due on or before August 9, 2011. 


emcdonald on DSK2BSOYB1PROD with PROPOSALS