75812 Federal Register / Vol. 80, No. 233 / Friday, December 4, 2015 / Rules and Regulations 

duration occasionally between January 

4, 2016 and February 19, 2016 to replace 

larger bridge components as long as 72- 

hours notice is given to the USCG 

District Eight Western Rivers Bridge 

Branch. 

The Clinton Railroad Drawbridge 

currently operates in accordance with 

33 CFR 117.5, which states the general 

requirement that the drawbridge shall 

open on signal. 

There are no alternate routes for 

vessels transiting this section of the 

Upper Mississippi River. The bridge 

cannot open in case of emergency. 

The Clinton Railroad Drawbridge 

provides a vertical clearance of 18.7 feet 

above normal pool in the closed-tonavigation position. Navigation on the 

waterway consists primarily of 

commercial tows and recreational 

watercraft and will not be significantly 

impacted. This temporary deviation has 

been coordinated with waterway users. 

No objections were received. 

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: November 25, 2015. 

Eric A. Washburn, 

Bridge Administrator, Western Rivers. 

[FR Doc. 2015–30636 Filed 12–3–15; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 9 and 721 

[EPA–HQ–OPPT–2014–0390; FRL–9939–20] 

RIN 2070–AB27 

Significant New Use Rule on Certain 

Chemical Substances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is finalizing significant 

new use rules (SNURs) under the Toxic 

Substances Control Act (TSCA) for 29 

chemical substances that were the 

subject of premanufacture notices 

(PMNs). This action requires persons 

who intend to manufacture (including 

import) or process any of the chemical 

substances for an activity that is 

designated as a significant new use by 

this rule to notify EPA at least 90 days 

before commencing that activity. The 

required notification would provide 

EPA with the opportunity to evaluate 

the intended use and, if necessary, to 

prohibit or limit the activity before it 

occurs. 

DATES: This final rule is effective 

February 2, 2016. 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPPT–2014–0390, 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: TSCAHotline@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 substances 

contained in this proposed 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 (including 

importers) or processors of one or more 

subject chemical substances (NAICS 

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

manufacturing and petroleum refineries. 

This action may also affect certain 

entities through pre-existing import 

certification and export notification 

rules under TSCA. Chemical importers 

are subject to the TSCA section 13 (15 

U.S.C. 2612) import certification 

requirements promulgated at 19 CFR 

12.118 through 12.127 and 19 CFR 

127.28. Chemical importers must certify 

that the shipment of the chemical 

substance complies with all applicable 

rules and orders under TSCA. Importers 

of chemicals subject to these SNURs 

must certify their compliance with the 

SNUR requirements. The EPA policy in 

support of import certification appears 

at 40 CFR part 707, subpart B. In 

addition, any persons who export or 

intend to export a chemical substance to 

a proposed or final rule are subject to 

the export notification provisions of 

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

(see § 721.20), and must comply with 

the export notification requirements in 

40 CFR part 707, subpart D. 

II. Background 

A. What action is the Agency taking? 

EPA is finalizing SNURs, under TSCA 

section 5(a)(2), for 29 chemical 

substances that were the subject of 

PMNs. This final rule requires persons 

who intend to manufacture or process 

any of these chemical substances for an 

activity that is designated as a 

significant new use to notify EPA at 

least 90 days before commencing that 

activity. 

In the Federal Register of October 27, 

2014 (79 FR 63821) (FRL–9914–56), 

EPA issued a direct final SNUR for 30 

chemical substances. EPA received 

notice of intent to submit adverse 

comments for the direct final SNUR. In 

response to that notification a rule was 

proposed for the chemical substances in 

the Federal Register of June 10, 2015 

(80 FR 32879) (FRL–9927–60). EPA is 

not finalizing one of the proposed 

SNURs, as described below. 

For the substance submitted as PMN 

P–14–72, EPA received a comment from 

the PMN submitter requesting review of 

a screening hydrolysis study on the 

PMN substance (Organisation for 

Economic Co-operation and 

Development (OECD) Test Guideline 

111). The commenter suggested that this 

study would aid in understanding the 

fate of the chemical substance and lead 

to a decision by EPA to rescind the 

significant new use designation of a 3 

parts per billion (ppb) surface water 

concentration limit contained in that 

proposed SNUR. EPA completed its 

review and has determined that while 

the study satisfies the screening level 

stage of the OECD 111 test protocol, it 

is not the full OECD 111 study as it does 

not measure the hydrolysis products of 

the PMN chemical substance. The 

purpose of OECD 111 is to determine (1) 

the rate of hydrolysis of the test 

substance as a function of pH and (2) 

the identity or nature and rates of 

formation and decline of hydrolysis 

products to which organisms may be 


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exposed. This test guideline is designed 

as a tiered approach which is shown 

and explained in the guideline. Each 

tier is triggered by the results of the 

previous tier. 

As stated in the proposed rule, EPA 

determined that the results of a ready 

biodegradability test with productspecific chemical analytics to validate 

the degradation products (including 

intermediate products) and the rates of 

degradation (including intermediate 

degradation rates) and a hydrolysis as a 

function of pH and temperature test 

would help characterize the 

environmental effects of the PMN 

substance P–14–72. Without additional 

data identifying the hydrolysis products 

EPA continues to have concerns for 

toxicity at surface water concentrations 

as low as 3 ppb. As a result, EPA is 

finalizing the SNUR as proposed and 

has determined that additional 

information is still necessary in order to 

determine whether or to what extent 

hydrolysis products may be of concern 

to aquatic organisms, which was the 

basis for the original direct final SNUR 

of October 27, 2014. Tier 3 of OECD Test 

Guideline 111, the identification of 

hydrolysis products, could be 

conducted to better understand those 

products. The results of this full 

hydrolysis study on PMN substance P– 

14–72 would then inform the need for 

further recommended testing, including 

aquatic toxicity or ready 

biodegradability testing. 

EPA received comments from the 

PMN submitter of the remaining 28 

chemicals in the proposed rule. These 

chemicals were submitted as three 

consolidated PMNs: P–14–89 through 

P–14–92, P–14–158, P–14–159, P–14– 

161, P–14–162, P–14–163, P–14–173, P– 

14–175 through P–14–188, and P–14– 

190 through P–14–193. The commenter 

stated that the Agency had changed its 

regulatory decision on these PMN 

substances in an arbitrary and 

capricious manner, from a SNUR with 

the significant new use defined as uses 

other than as described in the PMNs to 

one with the significant new use 

defined as any release of the PMN 

substances to surface waters resulting in 

the quotient from the equation provided 

in 40 CFR 721.90 exceeding a certain 

surface water concentration listed in the 

SNUR. Further, the commenter claimed 

that a SNUR for water releases (or a 

limit on water concentration) presents 

an analytical and record-keeping burden 

on customers for the intended PMN end 

uses of mineral flotation products and 

surfactants in asphalt emulsions that 

will cause the customers to instead 

select other less-environmentally 

beneficial products. The PMN submitter 

cited its practice of environmentallybeneficial reuse and recycling in the 

manufacture of these PMN substances 

starting with byproducts and other 

waste streams from industrial processes. 

The commenter also noted that there is 

no incentive to conduct any testing to 

address the Agency’s aquatic toxicity 

concerns, because the PMN substances 

are expected to exhibit some aquatic 

toxicity and such results may only 

result in an adjustment of the water 

concentration levels while the analytical 

and record-keeping burden remains. 

EPA examined the comments on these 

28 chemicals and has decided to modify 

the proposed SNURs. EPA has 

determined that any manufacturing, 

processing or use of the substances 

excluding uses as described in the 

PMNs may result in surface water 

concentrations exceeding the listed 

concentrations of concern, which may 

result in significant adverse 

environmental effects. Because (1) the 

potential benefits from use of low-value 

byproduct waste streams to produce the 

PMN substances and (2) the Agency has 

determined that the uses described in 

the PMNs are not expected to result in 

significant releases exceeding the listed 

concentrations of concern, EPA is 

finalizing the SNURs on these 28 

chemicals to limit the significant new 

use to use other than as described in the 

PMNs where the use is as a surfactant 

in asphalt emulsions (for P–14–89 

through P–14–92); additives in mineral 

flotation products and as chemical 

intermediates (for P–14–158, P–14–159, 

P–14–161, P–14–162, P–14–163); or 

flotation additives in mineral processing 

(for P–14–173, P–14–175 through P–14– 

188, and P–14–190 through P–14–193). 

In addition, this final rule retains the 

significant new use of where the surface 

water concentrations described under 

the significant new uses in a new 

paragraph (a)(3)(i) are exceeded, but 

these water release concentrations only 

apply for uses other than as described 

in the PMNs and mentioned in the 

previous sentence. 

EPA also received comments on the 

proposed SNUR for the chemical 

substance that is the subject of PMN P– 

13–793. EPA is deferring action on that 

substance to a later date, and intends to 

respond to those comments and issue a 

final SNUR at that time. 

B. What is the Agency’s authority for 

taking this action? 

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

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

that a use of a chemical substance is a 

‘‘significant new use.’’ EPA must make 

this determination by rule after 

considering all relevant factors, 

including the four bulleted TSCA 

section 5(a)(2) factors, listed in Unit IV. 

of this rule. 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), (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 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 PMNs 29 

chemical substances which were the 

subject of PMNs P–14–72, P–14–89, P– 

14–90, P–14–91, P–14–92, P–14–158, P– 

14–159, P–14–161, P–14–162, P–14– 

163, P–14–173, P–14–175, P–14–176, P– 

14–177, P–14–178, P–14–179, P–14– 

180, P–14–181, P–14–182, P–14–183, P– 

14–184, P–14–185, P–14–186, P–14– 

187, P–14–188, P–14–190, P–14–191, P– 

14–192, and P–14–193, 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 final SNURs for 29 

chemical substances described above to 

achieve the following objectives with 


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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 

substances listed in this final rule, 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 substances identified in this 

rule 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. 

VI. Test Data and Other Information 

EPA recognizes that TSCA section 5 

does not require the development of 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 

§ 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 40 CFR 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 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. 

VIII. Economic Analysis 

EPA evaluated the potential costs of 

SNUN requirements for potential 

manufacturers and processors of the 

chemical substances in the rule. The 

Agency’s complete Economic Analysis 

is available in the docket under docket 

ID number EPA–HQ–OPPT–2014–0390. 

IX. Statutory and Executive Order 

Reviews 

A. Executive Order 12866 

This final rule establishes SNURs for 

chemical substances that were the 

subject of PMNs. 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 


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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.). 

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 rule and 

other required information to the U.S. 

Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of the rule in the Federal 

Register. This action is not a ‘‘major 

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

List of Subjects 

40 CFR Part 9 

Environmental protection, Reporting 

and recordkeeping requirements. 

40 CFR Part 721 

Environmental protection, Chemicals, 

Hazardous substances, Reporting and 

recordkeeping requirements. 

Dated: November 24, 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 


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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 entries for 

‘‘721.10780,’’ ‘‘721.10781,’’ 

‘‘721.10782,’’ and ‘‘721.10783’’ 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 

* * * * * 

721.10780 ............................. 2070–0012 

721.10781 ............................. 2070–0012 

721.10782 ............................. 2070–0012 

721.10783 ............................. 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 § 721.10780 to subpart E to 

read as follows: 

§ 721.10780 Propaneperoxoic acid, 2,2- 

dimethyl-, 1,1,3,3-tetramethylbutyl ester. 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substance identified as 

propaneperoxoic acid, 2,2-dimethyl-, 

1,1,3,3-tetramethylbutyl ester (PMN P– 

14–72; CAS No. 22288–41–1) is subject 

to reporting under this section for the 

significant new uses described in 

paragraph (a)(2) of this section. 

(2) The significant new uses are: 

(i) Release to water. Requirements as 

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

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

(ii) [Reserved] 

(b) Specific requirements. The 

provisions of subpart A of this part 

apply to this section except as modified 

by this paragraph. 

(1) Recordkeeping. Recordkeeping 

requirements as specified in 

§ 721.125(a), (b), (c), and (k) are 

applicable to manufacturers and 

processors of this substance. 

(2) Limitations or revocation of 

certain notification requirements. The 

provisions of § 721.185 apply to this 

section. 

■ 5. Add § 721.10781 to subpart E to 

read as follows: 

§ 721.10781 Fatty acid amide 

hydrochlorides (generic). 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substances identified 

generically as fatty acid amide 

hydrochlorides (PMNs P–14–89, P–14– 

90, P–14–91 and P–14–92) are subject to 

reporting under this section for the 

significant new uses described in 

paragraphs (a)(2) and (3) of this section. 

(2) The significant new uses are: 

(i) Industrial, commercial, and 

consumer activities. Requirements as 

specified in § 721.80. The significant 

new use is any use other than as a 

surfactant in asphalt emulsions where 

the surface water concentrations 

described under the significant new 

uses in paragraph (a)(3)(i) of this section 

are exceeded. 

(ii) [Reserved]. 

(3) The significant new uses for any 

use other than as a surfactant in asphalt 

emulsions: 

(i) Release to water. Requirements as 

specified 721.90 (a)(4), (b)(4), and (c)(4) 

(where N=110 for PMNs P–14–89 and 

P–14–92; N=240 for PMN P–14–90; 

N=53 for PMN P–14–91). 

(ii) [Reserved]. 

(b) Specific Requirements. The 

provisions of subpart A of this part 

apply to this section except as modified 

by this paragraph. 

(1) Recordkeeping. Recordkeeping 

requirements as specified in 

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

applicable to manufacturers and 

processors of these substances. 

(2) Limitations or revocation of 

certain notification requirements. The 

provisions of § 721.185 apply to this 

section. 

■ 6. Add § 721.10782 to subpart E to 

read as follows: 

§ 721.10782 Fatty acid amides (generic). 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substance identified 

generically as fatty acid amides (PMN 

P–14–158, P–14–159, P–14–161, P–14– 

162, and P–14–163) are subject to 

reporting under this section for the 

significant new uses described in 

paragraph (a)(2) of this section. 

(2) The significant new uses are: 

(i) Industrial, commercial, and 

consumer activities. Requirements as 

specified in § 721.80. The significant 

new use is any use other than as 

additives in mineral flotation products 

and as chemical intermediates where 

the surface water concentrations 

described under the significant new 

uses in paragraph (a)(3)(i) of this section 

are exceeded. 

(ii) [Reserved]. 

(3) The significant new uses for any 

use other than as additives in mineral 

flotation products and as chemical 

intermediates: 

(i) Release to water. Requirements as 

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

(c)(4) (where N=1 for PMNs P–14–158, 

P–14–159, P–14–161, and P–14–163; 

N=140 for PMN P–14–162). 

(ii) [Reserved] 

(b) Specific requirements. The 

provisions of subpart A of this part 

apply to this section except as modified 

by this paragraph. 

(1) Recordkeeping. Recordkeeping 

requirements as specified in 

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

applicable to manufacturers and 

processors of these substances. 

(2) Limitations or revocation of 

certain notification requirements. The 

provisions of § 721.185 apply to this 

section. 

■ 7. Add § 721.10783 to subpart E to 

read as follows: 

§ 721.10783 Fatty acid amide acetates 

(generic). 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substance identified 

generically as fatty acid amide acetates 

(PMNs P–14–173, P–14–175, P–14–176, 

P–14–177, P–14–178, P–14–179, P–14– 

180, P–14–181, P–14–182, P–14–183, P– 

14–184, P–14–185, P–14–186, P–14– 

187, P–14–188, P–14–190, P–14–191, P– 

14–192 and P–14–193) are subject to 

reporting under this section for the 

significant new uses described in 

paragraph (a)(2) of this section. 

(2) The significant new uses are: 

(i) Industrial, commercial, and 

consumer activities. Requirements as 

specified in § 721.80. The significant 

new use is any use other than as 

flotation additives in mineral processing 

where the surface water concentrations 

described under the significant new 

uses in paragraph (a)(3)(i) of this section 

are exceeded. 

(ii) [Reserved]. 

(3) The significant new uses for any 

use other than as flotation additives in 

mineral processing: 

(i) Release to water. Requirements as 

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

(c)(4) (where N = concentration of 

concern as follows): 


wgreen on DSK2VPTVN1PROD with RULES
Federal Register / Vol. 80, No. 233 / Friday, December 4, 2015 / Rules and Regulations 75817 

PMN No. Concentration 

of concern 

P–14–173, P–14–175, P– 

14–178, P–14–179, P– 

14–181, P–14–183, P– 

14–184, P–14–192, P– 

14–193 ............................ 1 ppb. 

P–14–176, P–14–180, P– 

14–185, P–14–186, P– 

14–187, P–14–190 .......... 2 ppb. 

P–14–177, P–14–188 ......... 3 ppb. 

P–14–191 ........................... 4 ppb. 

P–14–182 ........................... 140 ppb. 

(ii) [Reserved] 

(b) Specific requirements. The 

provisions of subpart A of this part 

apply to this section except as modified 

by this paragraph. 

(1) Recordkeeping. Recordkeeping 

requirements as specified in 

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

applicable to manufacturers and 

processors of these substances. 

(2) Limitations or revocation of 

certain notification requirements. The 

provisions of § 721.185 apply to this 

section. 

[FR Doc. 2015–30677 Filed 12–3–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 63 

[EPA–HQ–OAR–2013–0290 and EPA–HQ– 

OAR–2013–0291; FRL–9939–35–OAR] 

RIN 2060–AP69 

NESHAP for Brick and Structural Clay 

Products Manufacturing; and NESHAP 

for Clay Ceramics Manufacturing: 

Correction 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; correction. 

SUMMARY: The Environmental Protection 

Agency (EPA) published a final rule in 

the Federal Register on October 26, 

2015, titled NESHAP for Brick and 

Structural Clay Products Manufacturing; 

and NESHAP for Clay Ceramics 

Manufacturing. These amendments 

make two technical corrections to the 

published regulation. 

DATES: This action is effective December 

28, 2015. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Sharon Nizich, Sector Policies and 

Programs Division (D243–04), Office of 

Air Quality Planning and Standards, 

U.S. Environmental Protection Agency, 

Research Triangle Park, North Carolina 

27711, telephone number: (919) 541– 

2825; facsimile number: (919) 541–5450; 

email address: nizich.sharon@epa.gov. 

For information about the applicability 

of the national emission standards for 

hazardous air pollutants, contact Mr. 

Patrick Yellin, Monitoring, Assistance 

and Media Programs Division (2227A), 

Office of Enforcement and Compliance 

Assurance, U.S. Environmental 

Protection Agency, 1200 Pennsylvania 

Avenue, Washington, DC 20460; 

telephone number (202) 564–2970; 

email address yellin.patrick@epa.gov. 

SUPPLEMENTARY INFORMATION: The EPA 

published a document in the Federal 

Register of October 26, 2015 (80 FR 

65470). There were two errors included 

in the final rule. First, the reference to 

the IBR method (ASTM D6348–03) was 

incorrect. The incorrect IBR method 

reference included in the Federal 

Register was paragraph (h)(75). The 

correct reference is paragraph (h)(76). 

Second, there was a typographical error 

in 40 CFR 63.8605(c) referencing a 

requirement of a non-existing section. 

The incorrect non-existing reference is 

40 CFR 63.8630(e). The correct reference 

is 40 CFR 63.8630(c). 

Correction 

In rule FR Doc. 2015–25724 published 

on October 26, 2015 (80 FR 65470), 

make the following corrections: 

§ 63.14 [Corrected] 

■ 1. On page 65520: 

■ a. In the second column, correct 

amendatory instruction number 2.b. to 

read ‘‘Revising paragraph (h)(76);’’. 

■ b. In the second column, redesignate 

paragraph (h)(75) as paragraph (h)(76). 

§ 63.8605 [Corrected] 

■ 2. On page 65549, second column, in 

paragraph (c), fifth line, remove 

‘‘§ 63.8630(e).’’ and add ‘‘§ 63.8630(c).’’ 

in its place. 

Dated: November 18, 2015. 

Janet G. McCabe, 

Acting Assistant Administrator, Office of Air 

and Radiation. 

[FR Doc. 2015–30379 Filed 12–3–15; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

45 CFR Part 95 

Centers for Medicare & Medicaid 

Services 

42 CFR Part 433 

[CMS–2392–F] 

RIN 0938–AS53 

Medicaid Program; Mechanized Claims 

Processing and Information Retrieval 

Systems (90/10) 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Final rule. 

SUMMARY: This final rule will extend 

enhanced funding for Medicaid 

eligibility systems as part of a state’s 

mechanized claims processing system, 

and will update conditions and 

standards for such systems, including 

adding to and updating current 

Medicaid Management Information 

Systems (MMIS) conditions and 

standards. These changes will allow 

states to improve customer service and 

support the dynamic nature of Medicaid 

eligibility, enrollment, and delivery 

systems. 

DATES: Effective Date: These regulations 

are effective on January 1, 2016. 

FOR FURTHER INFORMATION CONTACT: 

Victoria Guarisco (410) 786–0265, for 

issues related to administrative 

questions. 

Carrie Feher (410) 786–8905, for 

issues related to the regulatory impact 

analysis. 

Christine Gerhardt (410) 786–0693 or 

Martin Rice (410) 786–2417, for general 

questions. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Executive Summary 

A. Purpose 

B. Summary of the Major Provisions 

C. Summary of Costs and Benefits 

II. Background 

A. Legislative History and Statutory 

Authority 

B. Program Affected 

III. Provisions of the Proposed Rule and 

Responses to Comments 

A. Amendments to 42 CFR Part 433 

B. Technical Changes to 42 CFR Part 433, 

Subpart C-Mechanized Claims and 

Processing Information Retrieval 

Systems 

C. Changes to 45 CFR Part 95—General 

Administration—Grant Programs, 

Subpart F 

IV. Provisions of the Final Regulations 

V. Collection of Information Requirements 


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