Federal Register / Vol. 86, No. 122 / Tuesday, June 29, 2021 / Rules and Regulations 34147 

3501 et seq., nor does it require any 

special considerations under Executive 

Order 12898, entitled ‘‘Federal Actions 

to Address Environmental Justice in 

Minority Populations and Low-Income 

Populations’’ (59 FR 7629, February 16, 

1994). 

Since tolerances and exemptions that 

are established on the basis of a petition 

under FFDCA section 408(d), such as 

the tolerance exemption in this action, 

do not require the issuance of a 

proposed rule, the requirements of the 

Regulatory Flexibility Act (5 U.S.C. 601 

et seq.) do not apply. 

This action directly regulates growers, 

food processors, food handlers, and food 

retailers, not States or Tribes. As a 

result, this action does not alter the 

relationships or distribution of power 

and responsibilities established by 

Congress in the preemption provisions 

of FFDCA section 408(n)(4). As such, 

EPA has determined that this action will 

not have a substantial direct effect on 

States or Tribal Governments, on the 

relationship between the National 

Government and the States or Tribal 

Governments, or on the distribution of 

power and responsibilities among the 

various levels of government or between 

the Federal Government and Indian 

Tribes. Thus, EPA has determined that 

Executive Order 13132, entitled 

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

1999), and Executive Order 13175, 

entitled ‘‘Consultation and Coordination 

with Indian Tribal Governments’’ (65 FR 

67249, November 9, 2000), do not apply 

to this action. In addition, this action 

does not impose any enforceable duty or 

contain any unfunded mandate as 

described under Title II of the Unfunded 

Mandates Reform Act (2 U.S.C. 1501 et 

seq.). 

This action does not involve any 

technical standards that would require 

EPA’s consideration of voluntary 

consensus standards pursuant to section 

12(d) of the National Technology 

Transfer and Advancement Act (15 

U.S.C. 272 note). 

V. Congressional Review Act 

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 in 40 CFR Part 180 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: June 21, 2021. 

Edward Messina, 

Acting Director, Office of Pesticide Programs. 

Therefore, for the reasons stated in the 

preamble, EPA is amending 40 CFR 

chapter I as follows: 

PART 180—TOLERANCES AND 

EXEMPTIONS FOR PESTICIDE 

CHEMICAL RESIDUES IN FOOD 

■ 1. The authority citation for part 180 

continues to read as follows: 

Authority: 21 U.S.C. 321(q), 346a and 371. 

■ 2. Add § 180.1383 to subpart D to read 

as follows: 

§ 180.1383 Bacillus velezensis strain 

RTI301; exemption from the requirement of 

a tolerance. 

An exemption from the requirement 

of a tolerance is established for residues 

of Bacillus velezensis strain RTI301 in 

or on all food commodities when used 

in accordance with label directions and 

good agricultural practices. 

[FR Doc. 2021–13806 Filed 6–28–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 716 

[EPA–HQ–OPPT–2020–0474; FRL–10020– 

38] 

RIN 2070–AB11 

Health and Safety Data Reporting; 

Addition of 20 High-Priority 

Substances and 30 Organohalogen 

Flame Retardants 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This final rule, issued 

pursuant to the Toxic Substances 

Control Act (TSCA) and the TSCA 

Health and Safety Data Reporting rule, 

requires manufacturers (including 

importers) of 50 specified chemical 

substances to report certain lists and 

copies of unpublished health and safety 

studies to EPA. The chemical 

substances subject to this rule are listed 

in this document and consist of the 20 

designated by EPA as High-Priority 

Substances and the 30 organohalogen 

flame retardants being evaluated for 

risks by the Consumer Product Safety 

Commission (CPSC) under the Federal 

Hazardous Substances Act (FHSA). EPA 

is taking this action because the TSCA 

Interagency Testing Committee (ITC) 

added these chemical substances to the 

Priority Testing List through its 69th and 

74th Reports and EPA will use this 

information to inform the risk 

evaluations currently underway for 20 

High-Priority Substances and for future 

prioritization. 

DATES: This final rule is effective July 

29, 2021. For purposes of judicial 

review, this final rule shall be 

promulgated at 1 p.m. eastern daylight/ 

standard time July 13, 2021 

A request to withdraw a chemical 

substance from this final rule pursuant 

to 40 CFR 716.105(c) must be received 

on or before July 13, 2021. (See Unit IV. 

of the SUPPLEMENTARY INFORMATION.) 

Dates for the reporting requirements 

are enumerated in Unit III.B. of the 

SUPPLEMENTARY INFORMATION. 

ADDRESSES:

Comments. Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPPT–2020–0474, by 

using the Federal eRulemaking Portal at 

http://www.regulations.gov. Follow the 

online instructions for submitting 

comments. Do not submit electronically 

any information you consider to be 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. 

Due to the public health concerns 

related to COVID–19, the EPA Docket 

Center (EPA/DC) and Reading Room is 

closed to visitors with limited 

exceptions. The staff continues to 

provide remote customer service via 

email, phone, and webform. For the 

latest status information on EPA/DC 

services and docket access, visit https:// 

www.epa.gov/dockets. 

Withdrawal requests. For submission 

of a withdrawal request, see Unit IV. of 

this document. Each withdrawal request 

must be identified by docket ID number 

EPA–HQ–OPPT–2020–0474. 

FOR FURTHER INFORMATION CONTACT: 

For technical information contact: 

Diana Fahning, Data Gathering and 

Analysis Division (7410M), Office of 

Pollution Prevention and Toxics, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW, Washington, DC 

20460–0001; telephone number: (202) 

564–8621; email address: 

fahning.diana@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: 


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34148 Federal Register / Vol. 86, No. 122 / Tuesday, June 29, 2021 / Rules and Regulations 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you manufacture (defined 

by statute to include import) any of the 

chemical substances that are listed in 40 

CFR 716.120(d) of the regulatory text of 

this document. 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: Chemical 

manufacturers (including importers), 

(NAICS codes 325 and 324110), e.g., 

persons who manufacture (defined by 

statute to include import) one or more 

of the subject chemical substances. 

B. What should I consider as I prepare 

my comments for EPA? 

1. Submitting CBI. Do not submit this 

information to EPA through http://

www.regulations.gov or email. Clearly 

mark the part or all of the information 

that you claim to be CBI. For CBI 

information in a disk or CD–ROM that 

you mail to EPA, mark the outside of the 

disk or CD–ROM 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 preparing and submitting your 

comments, see the commenting tips at 

https://www.epa.gov/dockets/ 

commenting-epa-dockets. 

II. Background 

A. What action is the Agency taking? 

EPA is issuing a final rule pursuant to 

TSCA section 8(d) to require 

manufacturers (including importers) of 

chemical substances listed in this 

document and on the ITC’s TSCA 

section 4(e) Priority Testing List to 

submit lists and copies of certain 

unpublished health and safety studies to 

EPA. The regulatory text of this 

document lists the chemical substances 

and their Chemical Abstracts Service 

Registry Numbers (CASRN) that are 

being added to the Health and Safety 

Data Reporting rule. It also lists the 

specific data reporting requirements 

imposed by this final rule. 

B. What is the Agency’s authority for 

taking this action? 

EPA promulgated the Health and 

Safety Data Reporting rule under TSCA 

section 8(d) (15 U.S.C. 2607(d)), and it 

is codified at 40 CFR part 716. EPA is 

using this TSCA section 8(d) rule in 

accordance with 40 CFR 716.105 to 

gather information on chemical 

substances. These studies are expected 

to provide EPA with useful information 

for conducting TSCA activities such as 

prioritization and risk evaluation. 

The Agency adds substances to the 

rule via rule or notice, in accordance 

with 40 CFR 716.105(a) or (b), 

respectively. The rule requires certain 

past, current, and prospective 

manufacturers (which under TSCA 

includes importers) to submit copies 

and/or lists of unpublished health and 

safety studies on the listed chemical 

substances that they manufacture. In 

some cases, EPA may also require 

processors to comply with the rule. 

The TSCA section 8(d) Health and 

Safety Data Reporting rule provides for 

the addition of TSCA section 4(e) 

Priority Testing List chemical 

substances to the list of chemical 

substances subject to the rule (see Table 

of Chemicals, 40 CFR 716.120) (Ref. 1). 

Whenever EPA announces the receipt of 

an ITC Report, EPA may, amend the 

TSCA section 8(d) Health and Safety 

Data Reporting rule by adding the 

recommended (or designated) chemical 

substances to the TSCA section 4(e) list. 

In doing so, EPA must provide a 14-day 

period (measured from the date of 

publication of the Federal Register 

document announcing the rule) for 

persons to submit information showing 

why a chemical substance, mixture, or 

category of chemical substances should 

be withdrawn from the amendment. The 

amendment adding these chemical 

substances to the Health and Safety Data 

Reporting rule is effective July 29, 2021. 

If EPA withdraws a chemical substance 

from the amendment, a Federal Register 

document announcing this decision is 

to be published no later than July 29, 

2021. 

C. Comments Received on the 74th 

Report of the ITC 

EPA received seven public comments 

on the 74th Report of the ITC. One 

comment requested additional 

information be provided for why certain 

organohalogen flame retardants being 

added to the Priority Testing List (PTL). 

Several comments questioned whether 

requiring 8(d) reporting for a chemical 

substance for which EPA has issued a 

Section 4 Test Order would be 

redundant and/or produce data in time 

for use in a risk evaluation under TSCA 

section 6 on the applicable chemical 

substance. EPA also received a comment 

on chemicals substances to remove from 

the PTL. Additionally, one commenter 

recommended additional activities for 

EPA to conduct related to fulfilling data 

needs (e.g., via the use of Test Orders 

pursuant to section 4 of TSCA). 

EPA has reviewed the comments and 

continues to believe that it is 

appropriate to list these chemical 

substances in this document onto the 

ITC’s TSCA section 4(e) Priority Testing 

List to prompt EPA to implement their 

authority pursuant to TSCA section 

8(d), to require manufacturers 

(including importers) to submit lists and 

copies of certain unpublished health 

and safety studies to EPA. The 74th ITC 

Report provided the basis for its 

inclusion of all chemical substances that 

were added to the PTL. Regarding 

possible redundancies of published and 

previously submitted information under 

other TSCA programs, under 40 CFR 

716.20(a) certain studies are exempt 

from the copy and list submission 

requirements of 40 CFR 716.30 and 

716.35. Within EPA’s current timeline 

for risk evaluations under TSCA section 

6, data received via this 8(d) action 

would be received in time for use in risk 

evaluations for chemical substances that 

have been designated as high-priority 

substances, and data received on the 

other chemical substances listed in this 

document would help inform future 

prioritization activities, as well as help 

inform other agency decisions involving 

such chemical substances. In regard to 

chemical substances being 

recommended for deletion from the PTL 

and for requests for certain activities to 

be undertaken in regard to certain 

chemical substances, EPA will consider 

such recommendations during future 

ITC discussions and during decisionmaking related to its various TSCA 

statutory authorities. 

D. Why is this action issued as a Final 

Rule? 

The regulations at 40 CFR 716.105(b) 

and (c) establish the process for this 

action to amend the TSCA section 8(d) 

Health and Safety Data Reporting rule. 

III. Final Rule 

A. What chemical substances are 

added? 

In this document, EPA is adding 

chemical substances to the TSCA 

section 8(d) Health and Safety Data 

Reporting rule. This addition 

implements 40 CFR 716.105(b), which 

generally provides that ‘‘chemical 

substances, mixtures, and categories of 


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chemical substances that have been 

added to the TSCA section 4(e) Priority 

List by the Interagency Testing 

Committee, established under section 4 

of TSCA, will be added to § 716.120 

. . .’’ This addition also addresses the 

request of the TSCA ITC in its 74th 

Report (Ref. 2) to add certain chemical 

substances listed in that report to the 

TSCA section 8(d) Health and Safety 

Data Reporting rule. The specific 

chemical substances being added to the 

rule are listed in the regulatory text at 

the end of this document. 

B. What are the reporting requirements? 

Listed in this unit are the reporting 

requirements for the chemical 

substances added by this final rule to 

the TSCA section 8(d) model Health and 

Safety Data Reporting rule. The specific 

types of health and safety studies that 

must be reported for each of the 

chemical substances added to the 

Health and Safety Data Reporting rule as 

a result of this document can be found 

in Unit III.C. 

1. Persons who, in the 10 years 

preceding the date a chemical substance 

is listed, either have proposed to 

manufacture (including import) or have 

manufactured (including imported) the 

listed chemical substance must submit 

to EPA, during the 60-day reporting 

period specified in 40 CFR 716.65 and 

according to the reporting schedule set 

forth at 40 CFR 716.60, a copy of each 

specified type of health and safety study 

which is in their possession at the time 

the chemical substance is listed in part 

716. 

2. Persons who, at the time the 

chemical substance is listed in part 716, 

propose to manufacture (including 

import) or are manufacturing (including 

importing) the listed chemical substance 

must submit to EPA during the 60-day 

reporting period specified in 40 CFR 

716.65 and according to the reporting 

schedule set forth at 40 CFR 716.60: 

i. A list of the specified types of 

health and safety studies known to them 

but not in their possession at the time 

the chemical substance is listed. 

ii. A list of the specified types of 

health and safety studies that are 

ongoing at the time the chemical 

substance is listed and are being 

conducted by or for them. 

iii. A list of the specified types of 

health and safety studies that are 

initiated after the date the chemical 

substance is listed and will be 

conducted by or for them. 

iv. A copy of each specified type of 

health and safety study which is in their 

possession at the time the chemical 

substance is listed. 

v. A copy of each specified type of 

health and safety study that was 

previously listed as ongoing or 

subsequently initiated (i.e., listed in 

accordance with reporting requirements 

in Unit III.B.2.iii. and iv., respectively) 

and is now complete—regardless of 

completion date. 

3. Persons who, after the time the 

chemical substance is listed in part 716, 

propose to manufacture (including 

import) the listed chemical substance 

must submit to EPA during the 

reporting period specified in 40 CFR 

716.65 and according to the reporting 

schedule set forth at 40 CFR 716.60: 

i. A list of the specified types of 

health and safety studies known to them 

but not in their possession at the time 

they propose to manufacture (including 

import) the listed chemical substance. 

ii. A list of the specified types of 

health and safety studies that are 

ongoing at the time they propose to 

manufacture (including import) the 

listed chemical substance and are being 

conducted by or for them. 

iii. A list of the specified types of 

health and safety studies that are 

initiated after the time they propose to 

manufacture (including import) the 

listed chemical substance and will be 

conducted by or for them. 

iv. A copy of each specified type of 

health and safety study which is in their 

possession at the time they propose to 

manufacture (including import) the 

listed chemical substance. 

v. A copy of each specified type of 

health and safety study that was 

previously listed as ongoing or 

subsequently initiated (i.e., listed in 

accordance with reporting requirements 

in Unit III.B.3.iii. and 3.iv., respectively) 

and is now complete—regardless of the 

completion date. 

The reporting described in Unit III.B. 

is required by September 27, 2021. Any 

person who manufactures (including 

imports) or who proposes to 

manufacture (including import) the 

listed chemical substance from July 29, 

2021 to September 27, 2021 must inform 

EPA (by submitting a list) of any studies 

initiated during the period from July 29, 

2021 to September 27, 2021 within 30 

days of their initiation, but in no case 

later than October 27, 2021. In addition, 

if any such person has submitted lists of 

studies that were ongoing or initiated 

during the period from July 29, 2021 to 

September 27, 2021 to EPA, such person 

must submit a copy of each study 

within 30 days after its completion, 

regardless of the study’s completion 

date. See 40 CFR 716.60 and 716.65. 

Detailed guidance for reporting 

unpublished health and safety data and 

explanations of reporting exemptions is 

provided at 40 CFR part 716. 

Persons reporting under this rule may 

also assert CBI claims for certain 

information included in their 

submission. TSCA section imposes the 

following requirements: 

• CBI claims must be asserted must 

be asserted at the time the information 

claimed as CBI is submitted to EPA. 

Information submitted with a 

confidentiality claim may be made 

public without further notice. 

• Information claimed as CBI must be 

substantiated at the time of submission, 

with the exception of those types of 

information exempt from substantiation 

under TSCA section 14(c)(2). 

• All persons making a CBI claim 

must provide a standard statement 

concerning the need for the CBI claim 

and a certification that the statement of 

need is true and correct. 

• Where a specific chemical identity 

is claimed as CBI, a structurally 

descriptive generic name must be 

provided for disclosure to the public. 

The 8(d) reporting application 

accommodates these requirements, 

incorporating the required statements 

and certifications, and will prompt the 

submitter to provide substantiation 

prior to making a submission that 

includes CBI claims. 

C. What types of studies must be 

submitted? 

Pursuant to 40 CFR 716.20(b)(5) and 

716.50, the types of unpublished health 

and safety studies that must be reported 

and the chemical grade/purity 

requirements that must be met or 

exceeded in individual studies for the 

chemical substances added to the 

Health and Safety Data Reporting rule as 

a result of this document are as follows: 

Under this rule, manufacturers 

(including importers) of High-Priority 

Substances are required to submit the 

following: 

• Lists and copies of unpublished 

health and safety studies for all HighPriority Substances specified in this rule 

on health effects, such as toxicity 

studies (in vivo and in vitro) on 

carcinogenicity, reproductive and 

developmental effects, genotoxicity, 

neurotoxicity, immunotoxicity, 

endocrine effects, and other systemic 

toxicity and toxicokinetics (absorption, 

distribution, metabolism, or 

elimination), including modelling 

studies, in humans or animals. 

• All unpublished studies on 

environmental effects, environmental 

fate, and physical-chemical properties if 

performed as described in 40 CFR 

716.50 are also required under this rule. 


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• All unpublished studies on 

occupational (both users and non-users), 

general population, consumer, and 

environmental exposure, such as: 

Unpublished studies on inhalation and 

dermal exposure, human biomonitoring, 

environmental monitoring of indoor and 

outdoor air, soil, water, and household 

dust, chamber emission rates from 

products or polymeric matrices, and 

unpublished modelling studies that 

estimate environmental concentrations 

or human exposures. 

• Studies showing any measurable 

content of the High-Priority Substance 

in the tested substance (single 

substances or mixture) must be 

reported. The composition and purity of 

test substances must be reported if 

included as part of the study. 

• Studies previously submitted to 

EPA pursuant to a requirement under 

TSCA or of the submitter’s own accord 

and studies conducted or to be 

conducted pursuant to a TSCA section 

4 action are exempt from the submission 

of lists of health and safety studies 

required under 40 CFR 716.35 and the 

submission of studies required under 

this rule. 

Under this rule, manufacturers 

(including importers) of organohalogen 

flame retardants are required to submit 

the following: 

• Lists and copies of unpublished 

health and safety studies for all 

organohalogen flame retardants 

specified in this rule on health effects, 

such as toxicity studies (in vivo and in 

vitro) on carcinogenicity, reproductive 

and developmental effects, genotoxicity, 

neurotoxicity, immunotoxicity, 

endocrine effects, and other systemic 

toxicity and toxicokinetics (absorption, 

distribution, metabolism, or 

elimination), including modelling 

studies, in humans or animals. 

• All unpublished studies on 

environmental effects, environmental 

fate, and physical-chemical properties if 

performed as described in 40 CFR 

716.50 are also required under this rule. 

• All unpublished studies on 

occupational (both users and non-users), 

general population, consumer, and 

environmental exposure, such as 

unpublished studies on inhalation and 

dermal exposure, human biomonitoring, 

environmental monitoring of indoor and 

outdoor air, soil, water, and household 

dust, chamber emission rates from 

products or polymeric matrices, and 

unpublished modelling studies that 

estimate environmental concentrations 

or human exposures, must be submitted. 

• Studies showing any measurable 

content of the organohalogen flame 

retardant in the tested substance (single 

substances or mixture) must be 

reported. The composition and purity of 

test substances must be reported if 

included as part of the study. 

• Studies previously submitted to 

EPA pursuant to a requirement under 

TSCA or of the submitter’s own accord 

and studies conducted or to be 

conducted pursuant to a TSCA section 

4 action are exempt from the submission 

of lists of health and safety studies 

requirements under 40 CFR 716.35 and 

the submission of studies requirements 

under this rule. 

D. Rationales and Background for 

Chemical Additions and Reporting 

Requirements 

1. High-Priority Substances 

The 20 High-Priority Substances 

identified in this rule have been 

designated High-Priority under TSCA 

section 6(b) because EPA has found that 

each of these chemical substances may 

present an unreasonable risk of injury to 

health or the environment (Ref. 3). EPA 

is seeking unpublished health and 

safety studies to ensure that such 

studies are available to EPA to inform 

its risk evaluation findings of whether 

any of these High-Priority Substances 

present an unreasonable risk of injury to 

health or the environment. Further, this 

information will be considered, as 

appropriate, when reviewing potential 

analogue data for read across and/or 

category development in assessing new 

chemicals. 

2. Organohalogen Flame Retardants 

EPA requests this information to help 

support prioritization and evaluation 

activities under TSCA (see TSCA 

section 6(b), and as discussed above). 

Further, this information will be 

considered, as appropriate, when 

reviewing potential analogue data for 

read across and/or category 

development in assessing new 

chemicals. Additionally, CPSC, a 

representative member of the ITC, needs 

information on a group of 

organohalogen flame retardants because 

the Commission voted to grant a 

petition to begin rulemaking for this 

class of chemicals under the Federal 

Hazardous Substances Act (FHSA), (Ref. 

5). Organohalogen flame retardants may 

be added to consumer products to 

prevent or slow combustion, but are 

additive, i.e., not covalently bound to 

the substrate, which can be textiles, 

polymers, or foam. Most organohalogen 

flame retardants are semi-volatile 

compounds (SVOCs), that can migrate 

into air, where they bind to airborne 

particles and surfaces in the home. In 

addition to direct contact with 

organohalogen flame retardantcontaining products, a substantial 

portion of exposure is believed to occur 

from exposure to household dust, 

especially in children. Biomonitoring 

studies and measurements of household 

dust and indoor air demonstrate that 

exposure to organohalogen flame 

retardants is nearly ubiquitous. 

Many organohalogen flame retardants 

have been shown to cause health effects. 

Health effects associated with 

organohalogen flame retardants include 

carcinogenicity (e.g., halogenated alkyl 

phosphates), developmental effects (e.g., 

polybrominated diphenyl ethers 

(PBDEs)), and developmental 

neurotoxicity (e.g., Decabromodiphenyl 

ether (decaBDE)). 

In 2015, CPSC was petitioned by a 

number of organizations and 

individuals, such as consumer groups, 

medical associations, workers, and 

firefighter organizations, to ban the use 

of all additive, non-polymeric 

organohalogen flame retardants under 

the authority of the FHSA in the 

following consumer products: (1) 

Durable infant or toddler products, 

children’s toys, child care articles, or 

other children’s products (other than car 

seats, which are under Department of 

Transportation’s jurisdiction); (2) 

Residential upholstered furniture; (3) 

Mattresses and mattress pads; and (4) 

The plastic casings of electronic devices 

(Ref. 5). 

CPSC granted the petition in 2017 and 

directed staff to complete a scoping and 

feasibility study in cooperation with the 

National Academy of Sciences, 

Engineering, and Medicine (NASEM). 

The task for this project was to develop 

a scientifically based scoping plan to 

identify the potential health hazards 

associated with additive, nonpolymeric 

organohalogen flame retardants as a 

class. The NASEM Committee 

published the report, ‘‘A Class 

Approach to Hazard Assessment of 

Organohalogen Flame Retardants’’ in 

May 2019 (Ref. 6). A key conclusion of 

the NASEM Committee is that 

organohalogen flame retardants cannot 

be treated as a single class. Rather, the 

NASEM Committee identified 14 

subclasses of organohalogen flame 

retardants, based on chemical structure, 

physicochemical properties of the 

chemicals, and predicted biologic 

activity. The NASEM Committee 

identified 161 organohalogen flame 

retardants and more than 1,000 analog 

chemicals. CPSC staff is undertaking the 

risk assessment of 14 classes of 

organohalogen flame retardants 

following the recommendations of the 

NASEM Committee. 

Because preliminary searches show 

that little or no health and safety 


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Federal Register / Vol. 86, No. 122 / Tuesday, June 29, 2021 / Rules and Regulations 34151 

information is available for many of the 

161 organohalogen flame retardants, 

including the organohalogen flame 

retardants being added here to the TSCA 

section 8(d) Health and Safety Data 

Reporting rule, the submission of the 

lists and copies of the unpublished 

health and safety studies specified in 

this rule is being required under the 

TSCA section 8(d) Health and Safety 

Data Reporting rule for these OFR 

additions. As indicated above, this 

information will also inform TSCA 

activities such as future prioritization 

efforts and, with potential read-across 

data, new chemical reviews. Further, 

EPA will coordinate with ITC members 

to share information received, as 

appropriate (e.g., to help inform CPSC’s 

evaluation of specific chemicals). 

E. What are the incremental economic 

implications of this action? 

EPA prepared an economic analysis 

for the addition of the 50 chemical 

substances to the TSCA section 8(d) 

Health and Safety Data Reporting rule, 

entitled, ‘‘TSCA Section 8(d): Economic 

Impact Analysis for Adding 50 

Chemicals from the 74th ITC Report of 

the TSCA Interagency Testing 

Committee to the Health and Safety Data 

Reporting Rule.’’ (Economic Analysis, 

Ref. 7) a copy of which is included in 

the docket for this rulemaking. The total 

one-time cost associated with this final 

rule is estimated to be approximately 

$185,000 based on approximately 1,900 

and 420 hours of industry and EPA 

burden, respectively. 

IV. Requesting a Chemical Substance 

Be Withdrawn From This Final Rule 

As specified in 40 CFR 716.105(c), 

EPA may, in its discretion, remove a 

chemical substance, mixture, or 

category of chemical substances from 

this final rule for good cause prior to the 

effective date of this final rule. Any 

person who believes that the reporting 

required by this final rule is not 

warranted for a chemical substance 

listed in this final rule must submit to 

EPA detailed reasons for that belief. You 

must submit your request to EPA on or 

before July 13, 2021 and in accordance 

with the instructions provided in 40 

CFR 716.105(c) and (d). In addition, to 

ensure proper receipt by EPA, you must 

identify docket ID number EPA–HQ– 

OPPT–2020–0474. If the EPA 

Administrator withdraws a chemical 

substance, mixture, or category of 

chemical substances from the 

amendment, in accordance with 40 CFR 

716.105(c), a Federal Register document 

announcing this decision will be 

published no later than July 29, 2021. 

V. References 

The following is a listing of the 

documents that are specifically 

referenced in this document. The docket 

includes these documents and other 

information considered by EPA. For 

more information about these 

references, please consult the technical 

person listed under FOR FURTHER

INFORMATION CONTACT. 

1. EPA. 40 CFR 716.120. Substances and 

listed mixtures to which this subpart 

applies. Available online at: https://

www.ecfr.gov/cgibin/textidx?SID=

94b50835053a07b80c3517fff641

aeba&mc=true&node=pt40.33.716&rgn=

div5#se40.33.716_1120. 

2. ITC. Notice; Seventy-Fourth Report of the 

TSCA Interagency Testing Committee to 

the Administrator of the Environmental 

Protection Agency; Receipt of Report and 

Request for Comments. Federal Register 

(86 FR 22414, April 28, 2021) (FRL– 

10020–39). Available online at: https://

www.govinfo.gov/content/pkg/FR-2021- 

04-28/pdf/2021-08839.pdf. 

3. EPA. High-Priority Substance Designations 

Under the Toxic Substances Control Act 

(TSCA) and Initiation of Risk Evaluation 

on High-Priority Substances; Notice of 

Availability. Federal Register (84 FR 

71924, December 30, 2019) (FRL–10003– 

15). Available online at: https://

www.govinfo.gov/content/pkg/FR-2019- 

12-30/pdf/2019-28225.pdf. 

4. EPA. Procedures for Prioritization of 

Chemicals for Risk Evaluation Under the 

Toxic Substances Control Act; Final 

Rule. Federal Register (82 FR 33753, 

December 20, 2017) (FRL–9964–24). 

Available online at: https://

www.federalregister.gov/documents/

2017/07/20/2017-14325/procedures-forprioritization-of-chemicals-for-riskevaluation-under-the-toxic-substancescontrol. 

5. CPSC. U.S. Consumer Product Safety 

Commission Petition: Products 

Containing Organohalogen Flame 

Retardants. Docket ID number: CPSC– 

2015–0022. Available online at: https:// 

www.regulations.gov/docket?D=CPSC2015-0022. 

6. CPSC. National Academies of Sciences, 

Engineering, and Medicine 2019. A Class 

Approach to Hazard Assessment of 

Organohalogen Flame Retardants. 

Washington, DC: The National 

Academies Press. https://doi.org/

10.17226/25412. Available online at: 

http://nap.edu/25412. 

7. EPA. TSCA Section 8(d): Economic Impact 

Analysis for Adding 50 Chemicals From 

the 74th ITC Report of the TSCA 

Interagency Testing Committee to the 

Health and Safety Data Reporting Rule. 

September 10, 2020. 

VI. Statutory and Executive Order 

Reviews 

Additional information about these 

statutes and Executive Orders can be 

found at http://www2.epa.gov/lawsregulations/laws-and-executive-orders. 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

The Office of Management and Budget 

(OMB) has exempted actions under 

TSCA section 8(d) related to the Health 

and Safety Data Reporting rule from the 

requirements of Executive Order 12866 

(58 FR 51735, October 4, 1993). As such, 

this final rule was not reviewed by OMB 

under Executive Orders 12866 and 

13563 (76 FR 3821, January 21, 2011). 

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. 

The information collection 

requirements related to this action have 

already been approved by OMB 

pursuant to PRA under OMB control 

number 2070–0004. This action does 

not impose any burden requiring 

additional OMB approval. You can find 

a copy of the ICR in the docket for this 

rule, and it is briefly summarized here. 

This action requires the reporting of 

health and safety data to EPA by 

manufacturers (including importers) of 

certain chemical substances requested 

by the ITC to be added to the Health and 

Safety Data Reporting Rule in its 

Seventy-Fourth Report of the ITC (Ref. 

2). EPA intends to use information 

collected under the rule to assist in 

chemical assessments under TSCA, and 

to inform any additional work necessary 

under environmental protection 

mandates beyond TSCA. Submitters 

may designate information as 

confidential, trade secret, or proprietary. 

EPA has implemented procedures to 

protect any confidential, trade secret or 

proprietary information from disclosure. 

These procedures comply with TSCA 

section 14 and EPA’s confidentiality 

regulation, 40 CFR part 2, subpart B. 

Respondents/affected entities: 

Manufacturers (including importers) of 

50 chemical substances requested by the 

ITC to be included in the Health and 

Safety Data Reporting Rule. 

Respondents’ obligation to respond: 

Mandatory (15 U.S.C. 2607(d)). 

Estimated number of respondents: 23. 

Frequency of response: Once. 


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Total estimated burden: 1,854 hours 

(per year). Burden is defined at 5 CFR 

1320.3(b). 

Total estimated cost: $146,745 (per 

year), with no annualized capital or 

operation and maintenance costs. 

C. Regulatory Flexibility Act (RFA) 

Pursuant to RFA section 605(b), 5 

U.S.C. 601 et seq., I hereby certify that 

this action will not have a significant 

economic impact on a substantial 

number of small entities as defined by 

the RFA. The small entities subject to 

the requirements of this action are 

manufacturers (including importers) of 

50 chemicals requested by the ITC to be 

added to the Health and Safety Data 

Reporting Rule. EPA estimates that 106 

of the 129 firms in the affected universe 

are small entities. Of those small firms, 

all would have cost impacts of less than 

1% of annual revenue. Details of this 

analysis are presented in the Economic 

Analysis of this rule (Ref. 7), which can 

be found in the docket. 

D. Unfunded Mandates Reform Act 

(UMRA) 

This action does not contain an 

unfunded mandate of $100 million or 

more as described in UMRA, 2 U.S.C. 

1531–1538, and does not significantly or 

uniquely affect small governments. The 

requirements of this action would 

primarily affect manufacturers 

(including importers) of 50 chemical 

substances listed in 40 CFR 716.120(d) 

of the regulatory text of this document. 

The total quantified one-time costs of 

this final rule are approximately 

$183,812. 

E. Executive Order 13132: Federalism 

This action does not have federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999). It will not have substantial direct 

effects on the 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. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have tribal 

implications as specified in Executive 

Order 13175 (65 FR 67249, November 9, 

2000). It will not have substantial direct 

effects on tribal governments, on the 

relationship between the Federal 

government and the Indian tribes, or on 

the distribution of power and 

responsibilities between the Federal 

government and Indian tribes. Thus, 

E.O. 13175 does not apply to this action. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

EPA interprets Executive Order 13045 

(62 FR 19885, April 23, 1997) as 

applying only to those regulatory 

actions that concern environmental 

health or safety risks that the Agency 

has reason to believe may 

disproportionately affect children, per 

the definition of ‘‘covered regulatory 

action’’ in section 2–202 of the 

Executive Order. This action is not a 

covered regulatory action because it is 

not ‘‘economically significant’’ under 

Executive Order 12866 and it does not 

concern an environmental health risk or 

safety risk. Although this action would 

not establish an environmental standard 

intended to mitigate health or safety 

risks, the information that would be 

submitted to EPA in accordance with 

this rule would be used to inform the 

Agency’s decision-making process 

regarding chemical substances to which 

children may be disproportionately 

exposed. This information may also 

assist the Agency and others in 

determining whether the chemical 

substances covered in this proposed 

rule present potential risks, which 

would allow the Agency and others to 

take appropriate action to investigate 

and mitigate those risks. 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not a ‘‘significant 

energy action’’ as defined in Executive 

Order 13211 (66 FR 28355, May 22, 

2001) because it is not likely to have a 

significant adverse effect on the supply, 

distribution, or use of energy and has 

not otherwise been designated by the 

Administrator of OMB’s Office of 

Information and Regulatory Affairs as a 

‘‘significant energy action.’’ 

I. National Technology Transfer and 

Advancement Act (NTTAA) 

Because 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: Federal 

Actions to Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

This action does not entail special 

considerations of environmental justice 

related issues as delineated by 

Executive Order 12898 (59 FR 7629, 

February 16, 1994). However, the 

Agency believes that the information 

collected through this rule will inform 

the TSCA risk evaluations that are 

planned for these chemicals and will 

thereby enable the Agency to better 

protect human health and the 

environment, including in low-income 

and minority communities. 

L. Congressional Review Act (CRA) 

This action is subject to the CRA (5 

U.S.C. 801 et seq.), and EPA will submit 

a rule report to each House of the 

Congress and to the Comptroller General 

of the United States. This action is not 

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

804(2). 

List of Subjects in 40 CFR Part 716 

Environmental protection, Chemicals, 

Hazardous substances, Health and 

safety, Reporting and recordkeeping 

requirements. 

Dated: June 17, 2021. 

Michal Freedhoff, 

Assistant Administrator, Office of Chemical 

Safety and Pollution Prevention. 

Therefore, for the reasons stated in the 

preamble, EPA is amending 40 CFR 

chapter I as follows: 

PART 716—HEALTH AND SAFETY 

DATA REPORTING 

■ 1. The authority citation for part 716 

continues to read as follows: 

Authority: 15 U.S.C. 2607(d). 

■ 2. In § 716.21, add paragraphs (a)(9) 

and (10) to read as follows: 

§ 716.21 Chemical specific reporting 

requirements. 

(a) * * * 

(9) For 1,3-Butadiene (106–99–0), 

Butyl benzyl phthalate (BBP)—1,2- 

Benzene- dicarboxylic acid, 1- butyl 

2(phenylmethyl) ester (85–68–7), 

Dibutyl phthalate (DBP) (1,2-Benzenedicarboxylic acid, 1,2- dibutyl ester) 

(84–74–2), o-Dichlorobenzene (95–50– 

1), p-Dichlorobenzene (106–46–7), 

trans-1,2-Dichloroethylene (156–60–5), 

1,2-Dichloropropane (78–87–5), 

Dicyclohexyl phthalate (84–61–7), Diethylhexyl phthalate (DEHP)—(1,2- 

Benzene- dicarboxylic acid, 1,2- bis(2- 

ethylhexyl) ester) (117–81–7), Diisobutyl phthalate (DIBP)—(1,2- 

Benzene- dicarboxylic acid, 1,2- bis- 

(2methylpropyl) ester) (84–69–5), 

Formaldehyde (50–00–0), 1,3,4,6,7,8- 

Hexahydro-4,6,6,7,8,8- 

hexamethylcyclopenta [g]-2-benzopyran 

(HHCB) (1222–05–5), Phthalic 

anhydride (85–44–9), 4,4′-(1- 

Methylethylidene)bis[2, 6- 

dibromophenol] (TBBPA) (79–94–7), 

and 1,1,2-Trichloroethane (79–00–5), all 

unpublished studies on health effects 

(including toxicity studies (in vivo and 

in vitro) on carcinogenicity, 


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reproductive and developmental effects, 

genotoxicity, neurotoxicity, 

immunotoxicity, endocrine effects, and 

other systemic toxicity); toxicokinetics 

(absorption, distribution, metabolism, or 

elimination), including modelling 

studies, in humans or animals; 

environmental effects; environmental 

fate; physical-chemical properties if 

performed as described in 40 CFR 

716.50; and occupational (both users 

and non-users), general population, 

consumer, bystander, and 

environmental exposure must be 

submitted. Studies showing any 

measurable content of the High-Priority 

Substance in the tested substance 

(single substances or mixture) must be 

reported. The composition and purity of 

test substances must be reported if 

included as part of the study. Studies 

previously submitted to EPA pursuant 

to a requirement under TSCA or of the 

submitter’s own accord and studies 

conducted or to be conducted pursuant 

to a TSCA section 4 action are exempt 

from the submission of lists of health 

and safety studies required under 40 

CFR 716.35 and the submission of 

studies required under this rule. 

(10) For purposes of this paragraph, 

the term organohalogen flame retardant 

includes any substances listed in 

paragraph(d) of this section under the 

category ‘‘Organohalogen flame 

retardants’’. For any organohalogen 

flame retardant, all unpublished studies 

on health effects (including toxicity 

studies (in vivo and in vitro) on 

carcinogenicity, reproductive and 

developmental effects, genotoxicity, 

neurotoxicity, immunotoxicity, 

endocrine effects, and other systemic 

toxicity); toxicokinetics (absorption, 

distribution, metabolism, or 

elimination), including modelling 

studies, in humans or animals; 

environmental fate; physical-chemical 

properties if performed as described in 

40 CFR 716.50; and occupational (both 

users and non-users), general 

population, consumer, bystander, and 

environmental exposure must be 

submitted. Studies showing any 

measurable content of the 

organohalogen flame retardant in the 

tested substance (single substances or 

mixture) must be reported. The 

composition and purity of test 

substances must be reported if included 

as part of the study. Studies previously 

submitted to EPA pursuant to a 

requirement under TSCA or of the 

submitter’s own accord and studies 

conducted or to be conducted pursuant 

to a TSCA section 4 action are exempt 

from the submission of lists of health 

and safety studies requirements under 

40 CFR 716.35 and the submission of 

studies requirements under this rule. 

* * * * * 

■ 3. In § 716.120, amend the table in 

paragraph (d) by: 

■ a. Adding in alphabetical order the 

category ‘‘High-Priority Substances’’ and 

entries ‘‘1,3-Butadiene’’, ‘‘Butyl benzyl 

phthalate (BBP)—1,2-Benzenedicarboxylic acid, 1-butyl 

2(phenylmethyl) ester’’, ‘‘Dibutyl 

phthalate (DBP) (1,2-Benzenedicarboxylic acid, 1,2-dibutyl ester)’’, 

‘‘o-Dichlorobenzene’’, 

‘‘p-Dichlorobenzene’’, ‘‘1,1- 

Dichloroethane’’, ‘‘1,2-Dichloroethane’’, 

‘‘Trans-1,2- Dichloroethylene’’, ‘‘1,2- 

Dichloropropane’’, ‘‘Dicyclohexyl 

phthalate’’, ‘‘Di-ethylhexyl phthalate 

(DEHP)—(1,2-Benzene-dicarboxylic 

acid, 1,2- bis(2-ethylhexyl) ester)’’, ‘‘Diisobutyl phthalate (DIBP)—(1,2- 

Benzene- dicarboxylic acid, 1,2- bis- 

(2methylpropyl) ester)’’, ‘‘Ethylene 

dibromide’’, ‘‘Formaldehyde’’, 

‘‘1,3,4,6,7,8-Hexahydro-4,6,6,7,8,8- 

hexamethylcyclopenta [g]-2-benzopyran 

(HHCB)’’, ‘‘4,4′-(1- 

Methylethylidene)bis[2, 6- 

dibromophenol] (TBBPA)’’, ‘‘Phosphoric 

acid, triphenyl ester (TPP)’’, ‘‘Phthalic 

anhydride’’, ‘‘1,1,2-Trichloroethane’’, 

and ‘‘Tris(2-chloroethyl) phosphate 

(TCEP)’’; and 

■ b. Adding in alphabetical order the 

category ‘‘Organohalogen flame 

retardants’’ and entries ‘‘Bis(2- 

ethylhexyl) tetrabromophthalate’’, 

‘‘Bis(hexachlorocyclopentadieno) 

cyclooctane’’, ‘‘1,2-Bis(2,4,6- 

tribromophenoxy)ethane’’, ‘‘1,1′-Ethane1,2-diylbis(pentabromobenzene)’’, ‘‘2- 

Ethylhexyl-2,3,4,5-tetrabromobenzoate’’, 

‘‘2-(2-Hydroxyethoxy)ethyl 2- 

hydroxypropyl 3,4,5,6- 

tetrabromophthalate’’, ‘‘2,2′-[(1- 

Methylethylidene)bis[(2,6-dibromo-4,1- 

phenylene)oxymethylene]]bis[oxirane]’’, 

‘‘Mixture of chlorinated linear alkanes 

C14–17 with 45–52% chlorine’’, ‘‘N,NEthylene-bis(tetrabromophthalimide)’’, 

‘‘Pentabromochlorocyclohexane’’, 

‘‘(Pentabromophenyl)methyl acrylate’’, 

‘‘Pentabromotoluene’’, ‘‘Perbromo-1,4- 

diphenoxybenzene’’, ‘‘Phosphonic acid, 

(2-chloroethyl)-, bis(2-chloroethyl) 

ester’’, ‘‘Phosphoric acid, 2,2- 

bis(chloromethyl)-1,3-propanediyl 

tetrakis(2-chloroethyl) ester’’, 

‘‘Propanoic acid, 2-bromo-, methyl 

ester’’, ‘‘Tetrabromobisphenol A-bis(2,3- 

dibromopropyl ether)’’, 

‘‘Tetrabromobisphenol A bis(2- 

hydroxyethyl) ether’’, 

‘‘Tetrabromobisphenol A diallyl ether’’, 

‘‘Tetrabromobisphenol A dimethyl 

ether’’, ‘‘2,4,6-Tribromoaniline’’, ‘‘1,3,5- 

Tribromo-2-(prop-2-en-1- 

yloxy)benzene’’, ‘‘Tris(2-chloroethyl) 

phosphite’’, ‘‘Tris(1-chloro-2- 

propyl)phosphate’’, ‘‘Tris(2-chloro-1- 

propyl)phosphate’’, ‘‘Tris(2,3- 

dibromopropyl) phosphate’’, ‘‘1,3,5- 

Tris(2,3-dibromopropyl)-1,3,5-triazine2,4,6(1H,3H,5H)-trione’’, ‘‘Tris(1,3- 

dichloro-2-propyl)phosphate’’, 

‘‘Tris(tribromoneopentyl)phosphate’’, 

and ‘‘2,4,6-Tris-(2,4,6- 

tribromophenoxy)-1,3,5-triazine’’. 

The additions read as follows: 

§ 716.120 Substances and listed mixtures 

to which this subpart applies. 

* * * * * 

(d) * * * 

Category CAS No. Special exemptions Effective 

date Sunset date 

High-Priority Substances: 

1,3-Butadiene ........................................................................................ 106–99–0 § 716.21(a)(9) 7/29/21 9/27/21 

Butyl benzyl phthalate (BBP)—1,2-Benzene-dicarboxylic acid, 1- 

butyl 2(phenylmethyl) ester ............................................................... 85–68–7 § 716.21(a)(9) 7/29/21 9/27/21

Dibutyl phthalate (DBP) (1,2-Benzene-dicarboxylic acid, 1,2-dibutyl 

ester) .................................................................................................. 84–74–2 § 716.21(a)(9) 7/29/21 9/27/21 

o-Dichlorobenzene ................................................................................ 95–50–1 § 716.21(a)(9) 7/29/21 9/27/21 

p-Dichlorobenzene ................................................................................ 106–46–7 § 716.21(a)(9) 7/29/21 9/27/21 

1,1-Dichloroethane ................................................................................ 75–34–3 § 716.21(a)(9) 7/29/21 9/27/21 

1,2-Dichloroethane ................................................................................ 107–06–2 § 716.21(a)(9) 7/29/21 9/27/21 

Trans-1,2-Dichloroethylene ................................................................... 156–60–5 § 716.21(a)(9) 7/29/21 9/27/21 

1,2-Dichloropropane .............................................................................. 78–87–5 § 716.21(a)(9) 7/29/21 9/27/21 

Dicyclohexyl phthalate .......................................................................... 84–61–7 § 716.21(a)(9) 7/29/21 9/27/21 

Di-ethylhexyl phthalate (DEHP)—(1,2-Benzene-dicarboxylic acid, 1,2- 

bis(2-ethylhexyl) ester) ...................................................................... 117–81–7 § 716.21(a)(9) 7/29/21 9/27/21 


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34154 Federal Register / Vol. 86, No. 122 / Tuesday, June 29, 2021 / Rules and Regulations 

Category CAS No. Special exemptions Effective 

date Sunset date 

Di-isobutyl phthalate (DIBP)—(1,2-Benzene-dicarboxylic acid, 1,2- 

bis-(2methylpropyl) ester) .................................................................. 84–69–5 § 716.21(a)(9) 7/29/21 9/27/21 

Ethylene dibromide ............................................................................... 106–93–4 § 716.21(a)(9) 7/29/21 9/27/21 

Formaldehyde ....................................................................................... 50–00–0 § 716.21(a)(9) 7/29/21 9/27/21 

1,3,4,6,7,8-Hexahydro-4,6,6,7,8,8-hexamethylcyclopenta [g]-2- 

benzopyran (HHCB) .......................................................................... 1222–05–5 § 716.21(a)(9) 7/29/21 9/27/21 

4,4′-(1-Methylethylidene)bis[2, 6-dibromophenol] (TBBPA) .................. 79–94–7 § 716.21(a)(9) 7/29/21 9/27/21 

Phosphoric acid, triphenyl ester (TPP) ................................................. 115–86–6 § 716.21(a)(9) 7/29/21 9/27/21 

Phthalic anhydride ................................................................................. 85–44–9 § 716.21(a)(9) 7/29/21 9/27/21 

1,1,2-Trichloroethane ............................................................................ 79–00–5 § 716.21(a)(9) 7/29/21 9/27/21 

Tris(2-chloroethyl) phosphate (TCEP) .................................................. 115–96–8 § 716.21(a)(9) 7/29/21 9/27/21 

* * * * * * * 

Organohalogen flame retardants: 

Bis(2-ethylhexyl) tetrabromophthalate .................................................. 26040–51–7 § 716.21(a)(10) 7/29/21 9/27/21 

Bis(hexachlorocyclopentadieno)cyclooctane ........................................ 13560–89–9 § 716.21(a)(10) 7/29/21 9/27/21 

1,2-Bis(2,4,6-tribromophenoxy)ethane .................................................. 37853–59–1 § 716.21(a)(10) 7/29/21 9/27/21

1,1′-Ethane-1,2-diylbis(pentabromobenzene) ....................................... 84852–53–9 § 716.21(a)(10) 7/29/21 9/27/21 

2-Ethylhexyl-2,3,4,5-tetrabromobenzoate ............................................. 183658–27–7 § 716.21(a)(10) 7/29/21 9/27/21 

2-(2-Hydroxyethoxy)ethyl 2-hydroxypropyl 3,4,5,6- 

tetrabromophthalate ........................................................................... 20566–35–2 § 716.21(a)(10) 7/29/21 9/27/21 

2,2′-[(1-Methylethylidene)bis[(2,6-dibromo-4,1-phenylene)oxymethylene]]bis[oxirane] ...................................................... 3072–84–2 § 716.21(a)(10) 7/29/21 9/27/21 

Mixture of chlorinated linear alkanes C14–17 with 45–52% chlorine .. 85535–85–9 § 716.21(a)(10) 7/29/21 9/27/21 

N,N-Ethylene-bis(tetrabromophthalimide) ............................................. 32588–76–4 § 716.21(a)(10) 7/29/21 9/27/21 

Pentabromochlorocyclohexane ............................................................. 87–84–3 § 716.21(a)(10) 7/29/21 9/27/21 

(Pentabromophenyl)methyl acrylate ..................................................... 59447–55–1 § 716.21(a)(10) 7/29/21 9/27/21

Pentabromotoluene ............................................................................... 87–83–2 § 716.21(a)(10) 7/29/21 9/27/21 

Perbromo-1,4-diphenoxybenzene ......................................................... 58965–66–5 § 716.21(a)(10) 7/29/21 9/27/21

Phosphonic acid, (2-chloroethyl)-, bis(2-chloroethyl) ester .................. 6294–34–4 § 716.21(a)(10) 7/29/21 9/27/21 

Phosphoric acid, 2,2-bis(chloromethyl)-1,3-propanediyl tetrakis(2- 

chloroethyl) ester ............................................................................... 38051–10–4 § 716.21(a)(10) 7/29/21 9/27/21 

Propanoic acid, 2-bromo-, methyl ester ................................................ 5445–17–0 § 716.21(a)(10) 7/29/21 9/27/21 

Tetrabromobisphenol A-bis(2,3-dibromopropyl ether) .......................... 21850–44–2 § 716.21(a)(10) 7/29/21 9/27/21 

Tetrabromobisphenol A bis(2-hydroxyethyl) ether ................................ 4162–45–2 § 716.21(a)(10) 7/29/21 9/27/21 

Tetrabromobisphenol A diallyl ether ..................................................... 25327–89–3 § 716.21(a)(10) 7/29/21 9/27/21 

Tetrabromobisphenol A dimethyl ether ................................................. 37853–61–5 § 716.21(a)(10) 7/29/21 9/27/21 

2,4,6-Tribromoaniline ............................................................................ 147–82–0 § 716.21(a)(10) 7/29/21 9/27/21 

1,3,5-Tribromo-2-(prop-2-en-1-yloxy)benzene ...................................... 3278–89–5 § 716.21(a)(10) 7/29/21 9/27/21 

Tris(2-chloroethyl)phosphite .................................................................. 140–08–9 § 716.21(a)(10) 7/29/21 9/27/21 

Tris(1-chloro-2-propyl)phosphate .......................................................... 13674–84–5 § 716.21(a)(10) 7/29/21 9/27/21 

Tris(2-chloro-1-propyl)phosphate .......................................................... 6145–73–9 § 716.21(a)(10) 7/29/21 9/27/21 

Tris(2,3-dibromopropyl)phosphate ........................................................ 126–72–7 § 716.21(a)(10) 7/29/21 9/27/21

1,3,5-Tris(2,3-dibromopropyl)-1,3,5-triazine-2,4,6(1H,3H,5H)-trione .... 52434–90–9 § 716.21(a)(10) 7/29/21 9/27/21 

Tris(1,3-dichloro-2-propyl)phosphate .................................................... 13674–87–8 § 716.21(a)(10) 7/29/21 9/27/21 

Tris(tribromoneopentyl)phosphate ........................................................ 19186–97–1 § 716.21(a)(10) 7/29/21 9/27/21 

2,4,6-Tris-(2,4,6-tribromophenoxy)-1,3,5-triazine .................................. 25713–60–4 § 716.21(a)(10) 7/29/21 9/27/21 

[FR Doc. 2021–13212 Filed 6–28–21; 8:45 am] 

BILLING CODE 6560–50–P 

COUNCIL ON ENVIRONMENTAL 

QUALITY 

40 CFR Part 1507 

[CEQ–2021–0001] 

RIN 0331–AA08 

Deadline for Agencies To Propose 

Updates to National Environmental 

Policy Act Procedures 

AGENCY: Council on Environmental 

Quality. 

ACTION: Interim final rule; request for 

comments. 

SUMMARY: The Council on 

Environmental Quality (CEQ) is 

extending the deadline by two years for 

Federal agencies to develop or revise 

proposed procedures for implementing 

the procedural provisions of the 

National Environmental Policy Act 

(NEPA). 

DATES: 

Effective date: This interim rule is 

effective June 29, 2021. 

Comments due date: CEQ must 

receive comments on this interim rule 

by July 29, 2021. 

ADDRESSES: You may submit comments 

through any of the following methods: 

D Federal eRulemaking Portal: https:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

D Fax: 202–456–6546. 

D Mail: Council on Environmental 

Quality, 730 Jackson Place NW, 

Washington, DC 20503. 

Instructions: All submissions must 

include the agency name, ‘‘Council on 

Environmental Quality,’’ and docket 

number, CEQ–2021–0001, for this 

rulemaking. All comments received will 

be posted without change to https://

www.regulations.gov, including any 

personal information provided. Do not 

submit electronically any information 

you consider to be private, Confidential 

Business Information (CBI), or other 

information whose disclosure is 

restricted by statute. 

D Docket: For access to the docket to 

read background documents or 

comments received, go to https://

www.regulations.gov. 


lotter on DSK11XQN23PROD with RULES1