[Federal Register Volume 66, Number 210 (Tuesday, October 30, 2001)]
[Proposed Rules]
[Pages 54742-54746]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-27291]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 721

[OPPTS-50644; FRL-6798-7]
RIN 2070-AB27


Proposed Modification of Significant New Uses of Certain Chemical 
Substances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: Under section 5(a)(2) of the Toxic Substances Control Act 
(TSCA) and 40 CFR 721.185, EPA is proposing to amend three significant 
new use rules (SNURs) to allow certain uses without requiring a 
significant new use notice (SNUN). EPA is proposing these amendments 
based on review of new toxicity test data on one chemical and review of 
SNUNs for the other two chemicals. The proposed amended SNURs would 
continue to require a SNUN for new uses that may involve significant 
changes in human or environmental exposure.

DATES: Comments, identified by docket control number OPPTS-50644 must 
be received on or before November 29, 2001.

ADDRESSES: Comments may be submitted by mail, electronically, or in 
person. Please follow the detailed instructions for each method as 
provided in Unit I.C. of the SUPPLEMENTARY INFORMATION. To ensure 
proper receipt by EPA, it is imperative that you identify docket 
control number OPPTS-50644 in the subject line on the first page of 
your response.

FOR FURTHER INFORMATION CONTACT: For general information contact: 
Barbara Cunningham, Director, Office of Program Management and 
Evaluation, Office of Pollution Prevention and Toxics (7401), 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460; telephone number: (202) 554-1404; e-mail address: 
[email protected].
    For technical information contact: James Alwood, Chemical Control 
Division, Office of Pollution Prevention and Toxics (7405), 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460; telephone number: (202) 260-1857; e-mail address: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you manufacture, 
import, process, or use the chemical substances contained in this 
proposed rule. Potentially affected categories and entities may 
include, but are not limited to:

------------------------------------------------------------------------
                                                          Examples of
           Categories                 NAICS codes         potentially
                                                       affected entities
------------------------------------------------------------------------
Chemical manufacturers            325                 Manufacturers,
                                                       importers,
                                                       processors, and
                                                       users of
                                                       chemicals
Petroleum and coal product        324                 Manufacturers,
 industries                                            importers,
                                                       processors, and
                                                       users of
                                                       chemicals
------------------------------------------------------------------------

    This listing is not intended to be exhaustive, but rather provides 
a guide for readers regarding entities likely to be affected by this 
action. Other types of entities not listed in the table in this unit 
could also be affected. The North American Industrial Classification 
System (NAICS) codes have been provided to assist you and others in 
determining whether or not this action applies to certain entities. To 
determine whether you or your business is affected by this action, you 
should carefully examine the applicability provisions in 40 CFR 721.5. 
If you have any questions regarding the applicability of this action to 
a particular entity, consult the technical person listed under FOR 
FURTHER INFORMATION CONTACT.

B. How Can I Get Additional Information, Including Copies of this 
Document and Other Related Documents?

    1. Electronically. You may obtain electronic copies of this 
document, and certain other related documents that might be available 
electronically, from the EPA Internet homepage at http://www.epa.gov/. 
You may also obtain copies of the notice of availability documents for 
the 835 (63 FR 4259, January 28, l998) (FRL-5761-7), 850 (61 FR 16486, 
April 15, l996) (FRL-5363-1), and 870 (63 FR 41845, August 5, l998) 
(FRL-5740-1) series OPPTS Harmonized Test Guidelines at this same site. 
To access this document, on the homepage select ``Laws and 
Regulations,'' ``Regulations and Proposed Rules,'' and then look up the

[[Page 54743]]

entry for this document under the ``Federal Register--Environmental 
Documents.'' You can also go directly to the Federal Register listings 
at http://www.epa.gov/fedrgstr/. The OPPTS Harmonized Test Guidelines 
referenced in this document are available on EPA's Internet homepage at 
http://www.epa.gov/opptsfrs/home/guidelin.htm. A frequently updated 
electronic version of 40 CFR part 721 is available at http://www.access.gpo.gov/nara/cfr/cfrhtml_00/Title_40/40cfr721_00.html, a 
beta site currently under development.
    2. In person. The Agency has established an official record for 
this action under docket control number OPPTS-50644. The official 
record consists of the documents specifically referenced in this 
action, any public comments received during an applicable comment 
period, and other information related to this action, including any 
information claimed as Confidential Business Information (CBI). This 
official record includes the documents that are physically located in 
the docket, as well as the documents that are referenced in those 
documents. The public version of the official record does not include 
any information claimed as CBI. The public version of the official 
record, which includes printed, paper versions of any electronic 
comments submitted during an applicable comment period, is available 
for inspection in the TSCA Nonconfidential Information Center, North 
East Mall Rm. B-607, Waterside Mall, 401 M St., SW., Washington, DC. 
The Center is open from noon to 4 p.m., Monday through Friday, 
excluding legal holidays. The telephone number for the Center is (202) 
260-7099.

C. How and to Whom Do I Submit Comments?

    You may submit comments through the mail, in person, or 
electronically. To ensure proper receipt by EPA, it is imperative that 
you identify docket control number OPPTS-50644 in the subject line on 
the first page of your response.
    1. By mail. Submit your comments to: Document Control Office 
(7407), Office of Pollution Prevention and Toxics (OPPT), Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
    2. In person or by courier. Deliver your comments to: OPPT Document 
Control Office (DCO) in East Tower Rm. G-099, Waterside Mall, 401 M 
St., SW., Washington, DC. The DCO is open from 8 a.m. to 4 p.m., Monday 
through Friday, excluding legal holidays. The telephone number for the 
DCO is (202) 260-7093.
    3. Electronically. You may submit your comments electronically by 
e-mail to: [email protected], or mail your computer disk to the address 
identified above. Do not submit any information electronically that you 
consider to be CBI. Electronic comments must be submitted as an ASCII 
file avoiding the use of special characters and any form of encryption. 
Comments will also be accepted on standard disks in WordPerfect 6.1/8.0 
or ASCII file format. All comments in electronic form must be 
identified by docket control number OPPTS-50644. Electronic comments 
may also be filed online at many Federal Depository Libraries.

D. How Should I Handle CBI That I Want to Submit to the Agency?

    Do not submit any information electronically that you consider to 
be CBI. You may claim information that you submit to EPA in response to 
this document as CBI by marking any part or all of that information as 
CBI. Information so marked will not be disclosed except in accordance 
with procedures set forth in 40 CFR part 2. In addition to one complete 
version of the comment that includes any 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 version of the 
official record. Information not marked confidential will be included 
in the public version of the official record without prior notice. If 
you have any questions about CBI or the procedures for claiming CBI, 
please consult the technical person listed under FOR FURTHER 
INFORMATION CONTACT.

E. What Should I Consider as I Prepare My Comments for EPA?

    We invite you to provide your views on the various options we 
propose, new approaches we haven't considered, the potential impacts of 
the various options (including possible unintended consequences), and 
any data or information that you would like the Agency to consider 
during the development of the final action. You may find the following 
suggestions helpful for preparing your comments:
    1. Explain your views as clearly as possible.
    2. Describe any assumptions that you used.
    3. Provide copies of any technical information and/or data you used 
that support your views.
    4. If you estimate potential burden or costs, explain how you 
arrived at the estimate that you provide.
    5. Provide specific examples to illustrate your concerns.
    6. Offer alternative ways to improve the proposed rule.
    7. Make sure to submit your comments by the deadline in this 
document.
    8. To ensure proper receipt by EPA, be sure to identify the docket 
control number assigned to this action in the subject line on the first 
page of your response. You may also provide the name, date, and Federal 
Register citation.

II. Background

A. What Action is the Agency Taking?

    In the Federal Register of January 22, 1998, OPPTS-50628 (63 FR 
3393) (FRL-5720-3) EPA issued a SNUR for P-95-1411. In the Federal 
Register of August 20, 1998, OPPTS-50632 (63 FR 44562) (FRL-5788-7) EPA 
issued SNURs for P-97-520 and P-97-21. On January 7, 2000, EPA received 
SNUNs for P-97-520 and P-97-521. Because of additional data EPA has 
received for these substances, EPA is proposing to modify the 
significant new use and recordkeeping requirements under 40 CFR part 
721, subpart E. In this unit, EPA provides a brief description for each 
substance, including its premanufacture notice (PMN) number, chemical 
name (generic name if the specific name is claimed as CBI), CAS number 
(if assigned), basis for the modification of the TSCA section 5(e) 
consent order for the substance, and the CFR citation. Further 
background information for the substance is contained in Unit I.B.2 of 
this document.

PMN Number P-95-1411
Chemical name: Propanedioic acid, [(4-methoxyphenyl)methylene]-, 
bis(1,2,2,6,6-pentamethyl-4-piperdinyl) ester (9CI).
CAS number: 147783-69-5.
Federal Register publication date and reference: January 22, 1998 (63 
FR 3393).
Docket number: OPPTS-50628.
Basis for revocation of section 5(e) consent order/SNUR modification: 
Based on the results of a 90-day subchronic oral toxicity study in rats 
and expected worker exposures, EPA no longer concludes that the PMN 
substance may present an unreasonable risk of injury to human health, 
and consequently revoked the consent order. EPA is eliminating the SNUR 
provisions for worker protection, hazard communication, and industrial, 
commercial, and consumer activities as it no longer finds these 
provisions necessary to prevent significant changes

[[Page 54744]]

in human exposure. The SNUR provisions for release to water will remain 
as EPA still finds that releases to water could result in significant 
changes in environmental exposure.
CFR citation: 40 CFR 721.4589.

PMN Numbers P-97-520/521 and S-00-397/398
Chemical name: 2-Piperdinone, 1,3-dimethyl-, (P-97-520/S-00-397); 2-
Piperdinone, 1,5-dimethyl-, (P-97-521/S-00-398).
CAS number: 1690-76-2 (P-97-520/S-00-397); 86917-58-0 (P-97-521/S-00-
398).
Federal Register publication date and reference: August 20, 1998 (63 FR 
44562).
Docket number: OPPTS-50632.
Basis for section 5(e) consent order/SNUR modification: In response to 
the original two PMNs for these substances, EPA issued a TSCA section 
5(e) consent order based on a finding that these substances would be 
produced in substantial quantities and there may be significant or 
substantial human exposure to the substances. Based on information from 
the two SNUNs for these same chemicals from the original PMN submitter, 
EPA issued a modified TSCA section 5(e) consent order to allow the new 
uses with certain precautionary restrictions under section 
5(e)(1)(A)(i), 5(e)(1)(A)(ii)(I), and 5(e)(1)(A)(ii)(II) of TSCA, based 
on a finding that these substances may present an unreasonable risk of 
injury to human health, that the PMN substances will be produced in 
substantial quantities, and there may be significant or substantial 
environmental and human exposure to the substances. EPA is hereby 
proposing to modify these two SNURs to allow other manufacturers and 
processors to engage in those new uses provided the protective 
restrictions are observed.
Toxicity concerns: Based on structural activity analogy to 2-
piperdinone, N-methylpyrrolidone, and other similarly analogous 
substances, there is concern for neurotoxicity, developmental toxicity, 
and reproductive toxicity. Additionally, based on chemical-specific 
toxicity data, there is concern for systemic toxicity and developmental 
toxicity.
Recommended testing: EPA has determined that a chronic toxicity study 
(40 CFR 798.3260 or OPPTS 870.4100 test guideline) and a reproduction/
fertility effects study (40 CFR 798.4700 or OPPTS 870.3800 test 
guideline) would help to characterize the health effects of the 
substances. EPA has also determined that an inherent biodegradability 
study in soil (OPPTS 835.3300 test guideline), anerobic biodegradation 
of organic chemicals (OPPTS 835.3400 test guideline), fish acute 
toxicity study (40 CFR 797.1400 or OPPTS 850.1075 test guideline 
(public draft)), and a daphnid acute toxicity study (40 CFR 797.1300 or 
OPPTS 850.1010 test guideline (public draft)) would help characterize 
the environmental effects of the PMN substance. The PMN submitter has 
agreed to conduct the environmental effects test before exceeding the 
production volume limit.
CFR citations: 40 CFR 721.6175 (P-97-520/S-00-397); 40 CFR 721.6176 (P-
97-521/S-00-398).

B. What is the Agency's Authority for Taking this Action?

    TSCA section 5(a)(2) and 40 CFR part 721 authorize EPA to determine 
that a use of a chemical substance is a ``significant new use.'' EPA 
must make this determination by rule after considering all relevant 
factors, including those listed in section 5(a)(2) of TSCA. Once EPA 
promulgates a rule designating ``significant new uses'' for a given 
chemical substance, section 5(a)(1)(B) of TSCA requires persons to 
submit a notice to EPA at least 90 days before they manufacture, 
import, or process the substance for that use. The mechanism for 
reporting under this requirement is established under 40 CFR 721.5.
    Section 5(a)(1) of TSCA (15 U.S.C. 2604(a)(1)) and its implementing 
regulations at 40 CFR parts 720 and 721 require that any person 
intending to manufacture a new chemical substance, or to manufacture or 
process any chemical substance for a significant new use, must give EPA 
90-days advance written notice in the form of a PMN or SNUN, 
respectively.
    Upon reviewing those notices, if EPA makes certain determinations 
regarding potential exposures and risks that may be presented by the 
activities associated with the chemical, EPA may regulate the chemical 
by issuing an order under TSCA section 5(e) and/or a SNUR under TSCA 
section 5(a)(2) and 40 CFR part 721. The TSCA section 5(e) order 
governs only the entity who submitted the PMN, whereas the section 
5(a)(2) SNUR applies to all manufacturers and processors of the same 
chemical.
    EPA may respond to SNUNs by issuing or modifying a TSCA section 
5(e) consent order and/or amending the SNUR promulgated under TSCA 
section 5(a)(2). Amendment of the SNUR will often be necessary to allow 
companies other than the SNUN submitter to engage in the newly 
authorized use(s), because even after a manufacturer submits a SNUN and 
the review period expires, processors of the same substance still must 
submit a SNUN before engaging in the significant new use. Provisions 
regarding EPA's authority to modify or revoke SNUR requirements appear 
at 40 CFR 721.185.
    EPA responded to PMN P-95-1411 by issuing a TSCA section 5(e) 
consent order and TSCA section 5(a)(2) SNUR to address concerns for 
both human health and the environment. Based on data from a 90-
subchronic oral toxicity study in rats, submitted pursuant to the terms 
of the 5(e) consent order, EPA however, no longer concludes that the 
PMN substance may present an unreasonable risk to human health. 
Therefore, EPA has revoked the section 5(e) consent order entirely and, 
pursuant to TSCA section 5(a)(2) and 40 CFR 721.185, is proposing to 
amend the SNUR to remove the human health related notice requirements, 
leaving only the notification requirements related to environmental 
releases.
    EPA responded to PMNs P-97-520/521 by issuing a TSCA section 5(e) 
consent order requiring certain testing based on expected substantial 
human and environmental exposures and promulgating a TSCA section 
5(a)(2) SNUR to address concerns for human health. In response to SNUNs 
S-00-397/398 by the same manufacturer proposing new uses for the same 
chemicals, EPA modified the section 5(e) consent order to allow certain 
new uses, but with restrictions to mitigate potential risks to human 
health. Accordingly, pursuant to TSCA section 5(a)(2) and 40 CFR 
721.185, EPA is hereby proposing to amend the corresponding SNURs to 
modify the significant new uses consistent with the terms of the 
modified section 5(e) consent order and to provide EPA an opportunity 
to assess the potential for significant changes in human or 
environmental exposure.

C. Applicability of General Provisions

    General provisions for SNURs appear under subpart A of 40 CFR part 
721. These provisions describe persons subject to the proposed rule, 
recordkeeping requirements, exemptions to reporting requirements, and 
applicability of the proposed rule to uses occurring before the 
effective date of the final rule. Provisions relating to user fees 
appear at 40 CFR part 700. Persons subject to this SNUR must comply 
with the same notice requirements and EPA regulatory procedures as 
submitters of PMNs under section 5(a)(1)(A) of TSCA. In particular, 
these requirements include the information submission requirements of

[[Page 54745]]

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 SNUR notice, EPA may take regulatory 
action under TSCA section 5(e), 5(f), 6, or 7 to control the activities 
on which it has received the SNUR notice. If EPA does not take action, 
EPA is required under TSCA section 5(g) to explain in the Federal 
Register its reasons for not taking action.
    Persons who intend to export a substance identified in a proposed 
or final SNUR are subject to the export notification provisions of TSCA 
section 12(b). The regulations that interpret TSCA section 12(b) appear 
at 40 CFR part 707. Persons who intend to import a chemical substance 
identified in a final SNUR are subject to the TSCA section 13 import 
certification requirements, which are codified at 19 CFR 12.118 through 
12.127 and 127.28. Such persons must certify that they are in 
compliance with SNUR requirements. The EPA policy in support of the 
import certification appears at 40 CFR part 707.

III. Regulatory Assessment Requirements

    Under Executive Order 12866, entitled Regulatory Planning and 
Review (58 FR 51735, October 4, 1993), the Office of Management and 
Budget (OMB) has determined that proposed or final SNURs are not a 
``significant regulatory action'' subject to review by OMB, because 
they do not meet the criteria in section 3(f) of the Executive Order.
    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 rulemaking. 
As such, EPA has determined that this regulatory action does not impose 
any enforceable duty, contain any unfunded mandate, or otherwise have 
any affect on small governments subject to the requirements of sections 
202, 203, 204, or 205 of the Unfunded Mandates Reform Act of 1995 
(UMRA) (Pub. L. 104-4).
    This proposed rule does not have tribal implications because it is 
not expected to have substantial direct effects on Indian Tribes. This 
does not significantly or uniquely affect the communities of Indian 
tribal governments, nor does it involve or impose any requirements that 
affect Indian Tribes. Accordingly, the requirements of section 3(b) of 
Executive Order 13084, entitled Consultation and Coordination with 
Indian Tribal Governments (63 FR 276755, May 19, 1998), do not apply to 
this proposed rule. Executive Order 13175, entitled Consultation and 
Coordination with Indian Tribal Governments (65 FR 67249, November 6, 
2000), which took effect on January 6, 2001, revokes Executive Order 
13084 as of that date. EPA developed this rulemaking, however, during 
the period when Executive Order 13084 was in effect; thus, EPA 
addressed tribal considerations under Executive Order 13084. For the 
same reasons stated for Executive Order 13084, the requirements of 
Executive Order 10175 do not apply to this proposed rule either. Nor 
will this action 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).
    In issuing this proposed rule, EPA has taken the necessary steps to 
eliminate drafting errors and ambiguity, minimize potential litigation, 
and provide a clear legal standard for affected conduct, as required by 
section 3 of Executive Order 12988, entitled Civil Justice Reform (61 
FR 4729, February 7, 1996).
    EPA has complied with Executive Order 12630, entitled Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights (53 FR 8859, March 15, 1988), by examining the takings 
implications of this proposed rule in accordance with the ``Attorney 
General's Supplemental Guidelines for the Evaluation of Risk and 
Avoidance of Unanticipated Takings'' issued under the Executive Order.
    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).
    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.
    In addition, since this action does not involve any technical 
standards, section 12(d) of the National Technology Transfer and 
Advancement Act of 1995 (NTTAA) Pub. L. 104-113 section 12(d) (15 
U.S.C. 272 note), does not apply to this action.
    Pursuant to section 605(b) of the Regulatory Flexibility Act (RFA) 
(5 U.S.C. 601 et seq.), the Agency hereby certifies that promulgation 
of this SNUR will not have a significant adverse economic impact on a 
substantial number of small entities. The rationale supporting this 
conclusion is as follows. A SNUR applies to any person (including small 
or large entities) who intends to engage in any activity described in 
the proposed rule as a ``significant new use.'' By definition of the 
word ``new,'' and based on all information currently available to EPA, 
it appears that no small or large entities presently engage in such 
activity. Since a SNUR only requires that any person who intends to 
engage in such activity in the future must first notify EPA by 
submitting a SNUN, no economic impact will even occur until someone 
decides to engage in those activities. Although some small entities may 
decide to conduct such activities in the future, EPA cannot presently 
determine how many, if any, there may be. However, EPA's experience to 
date is that, in response to the promulgation of over 530 SNURs, the 
Agency has received fewer than 15 SNUNs. Of those SNUNs submitted, none 
appear to be from small entities in response to any SNUR. In addition, 
the estimated reporting cost for submission of a SNUN is minimal 
regardless of the size of the firm. Therefore, EPA believes that the 
potential economic impact of complying with this SNUR are not expected 
to be significant or adversely impact a substantial number of small 
entities. In a SNUR that published on June 2, 1997 (62 FR 29684) (FRL-
5597-1), the Agency presented it's general determination that proposed 
and final SNURs are not expected to have a significant economic impact 
on a substantial number of small entities, which was provided to the 
Chief Counsel for Advocacy of the Small Business Administration.
    According to the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et 
seq., an Agency may not conduct or sponsor, and a person is not 
required to respond to a collection of information that requires OMB 
approval under the PRA, unless it has been approved by OMB and displays 
a currently valid OMB control number. The OMB control numbers for EPA's 
regulations, after initial display in the preamble of the final rule 
and in addition to its display on any related collection instrument, 
are listed in 40 CFR part 9.

[[Page 54746]]

    The information collection requirements related to this action have 
already been approved by OMB pursuant to the 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 
significant new use notice.
    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, OP 
Regulatory Information Division (2137), Environmental Protection 
Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460. Please 
remember to include the OMB control number in any correspondence, but 
do not submit any completed forms to this address.
    This proposed rule is not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001) because it 
is not a significant regulatory action under Executive Order 12866.

List of Subjects in 40 CFR Part 721

    Environmental protection, Chemicals, Hazardous substances, 
Reporting and recordkeeping requirements.


    Dated: October 22, 2001.
William H. Sanders, III
Office Director, Office of Pollution Prevention and Toxics.

    Therefore it is proposed that 40 CFR part 721 be amended as 
follows:

PART 721--[AMENDED]

    1. The authority citation for part 721 would continue to read as 
follows:

    Authority: 15 U.S.C. 2604, 2607, and 2625(c).

    2. Section 721.4589 is amended as follows:
    a. By revising the section heading.
    b. By revising paragraphs (a)(1), (a)(2)(i), and (b)(1).
    c. By removing and reserving paragraph (a)(2)(ii).
    d. By removing paragraphs (a)(2)(iii), (a)(2)(iv), and (b)(3).


Sec. 721.4589  Propanedioic acid, [(4-methoxyphenyl)methylene]-, 
bis(1,2,2,6,6-pentamethyl-4-piperdinyl) ester (9CI).

    (a) *  *  * (1) The chemical substance identified as propanedioic 
acid, [(4-methoxyphenyl)methylene]-, bis(1,2,2,6,6-pentamethyl-4-
piperdinyl) ester (9CI) (PMN P-95-1411; CAS No. 147783-69-5) is subject 
to reporting under this section for the significant new uses described 
in paragraph (a)(2) of this section.
    (2) *  *  *
    (i) Release to water. Requirements as specified in Sec. 721.90 
(a)(1), (b)(1), and (c)(1).
    (ii) [Reserved]
    (b) *  *  *
    (1) Recordkeeping. Recordkeeping requirements as specified in 
Sec. 721.125 (a), (b), (c), and (k) are applicable to manufacturers, 
importers, and processors of this substance.
* * * * *

    3. Section 721.6175 is amended as follows:
    a. By revising the section heading.
    b. By revising paragraphs (a)(1), (a)(2)(i), and (b)(1).
    c. By adding paragraphs (a)(2)(ii), (a)(2)(iii), and (b)(3).


Sec. 721.6175  2-Piperdinone, 1,3-dimethyl-,.

    (a) *  *  * (1) The chemical substance identified as 2-Piperdinone, 
1,3-dimethyl-, (PMN P-97-520 and SNUN 00-397; CAS No. 1690-76-2) is 
subject to reporting under this section for the significant new uses 
described in paragraph (a)(2) of this section.
    (2) *  *  *
    (i) Protection in the workplace. Requirements as specified in 
Sec. 721.63 (a)(1), (a)(2)(i), (a)(3), (b) (concentration set at 1.0 
percent), and (c).
    (ii) Hazard communication program. Requirements as specified in 
Sec. 721.72 (a), (b), (c), (d), (e) (concentration set at 1.0 percent), 
(f), (g)(1)(i), (g)(1)(iii), (g)(1)(iv), (g)(1)(ix), (g)(2)(i), 
(g)(2)(v), and (g)(5).
    (iii) Industrial, commercial, and consumer activities. Requirements 
as specified in Sec. 721.80 (k) (use or processing other than: in 
enclosed systems (such as hydrocarbon extraction, polymer synthesis, 
wire enamel resin); electronic industry cleaning solvent; and other 
precision industry cleaning (such as automobile manufacturing, 
aerospace, and optics)), (o), and (q).
    (b) *  *  *
    (1) Recordkeeping. The recordkeeping requirements specified in 
Sec. 721.125 (a), (b), (c), (d), (e), (f), (g), (h), and (i) are 
applicable to manufacturers, importers, and processors of this 
substance.
* * * * *
    (3) Determining whether a specific use is subject to this section. 
The provisions of Sec. 721.1725(b)(1) apply to this substance.

    4. Section 721.6176 is amended as follows:
    a. By revising the section heading.
    b. By revising paragraphs (a)(1), (a)(2)(i), and (b)(1).
    c. By adding paragraphs (a)(2)(ii), (a)(2)(iii), and (b)(3).


Sec. 721.6176  2-Piperdinone, 1,5-dimethyl-,.

    (a) *  *  * (1) The chemical substance identified as 2-Piperdinone, 
1,5-dimethyl-, (PMN P-97-521 and SNUN 00-398; CAS No. 86917-58-0) is 
subject to reporting under this section for the significant new uses 
described in paragraph (a)(2) of this section.
    (2) *  *  *
    (i) Protection in the workplace. Requirements as specified in 
Sec. 721.63 (a)(1), (a)(2)(i), (a)(3), (b) (concentration set at 1.0 
percent), and (c).
    (ii) Hazard communication program. Requirements as specified in 
Sec. 721.72 (a), (b), (c), (d), (e) (concentration set at 1.0 percent), 
(f), (g)(1)(i), (g)(1)(iii), (g)(1)(iv), (g)(1)(ix), (g)(2)(i), 
(g)(2)(v), and (g)(5).
    (iii) Industrial, commercial, and consumer activities. Requirements 
as specified in Sec. 721.80 (k), (use or processing other than: in 
enclosed systems (such as hydrocarbon extraction, polymer synthesis, 
wire enamel resin); electronic industry cleaning solvent; and other 
precision industry cleaning (such as automobile manufacturing, 
aerospace, and optics)), (o), and (q).
    (b) *  *  *
    (1) Recordkeeping. The recordkeeping requirements specified in 
Sec. 721.125 (a), (b), (c), (d), (e), (f), (g), (h), and (i) are 
applicable to manufacturers, importers, and processors of this 
substance.
* * * * *
    (3) Determining whether a specific use is subject to this section. 
The provisions of Sec. 721.1725(b)(1) apply to this substance.

[FR Doc. 01-27291 Filed 10-29-01; 8:45 am]
BILLING CODE 6560-50-S