Proposed Rules. Proposed rule
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BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 721 [EPA-HQ-OPPT-2005-0015; FRL-7740-6] RIN 2070-AJ18 Perfluoroalkyl Sulfonates; Proposed Significant New Use Rule AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. SUMMARY: EPA is proposing to amend a significant new use rule
(SNUR)under section 5(a)(2) of the Toxic Substances Control Act
(TSCA)to include certain perfluoroalkyl sulfonates
(PFAS)substances. EPA is proposing to amend the PFAS SNUR at 40 CFR 721.9582 by adding a new Table 3 containing the remaining PFAS chemicals on the TSCA Inventory that are not already regulated by the SNUR. This proposed rule would require manufacturers, including importers, to notify EPA at least 90 days before commencing the manufacture or import of the PFAS chemicals listed in Table 3 of the regulatory text proposed herein for the significant new uses described in this document on or after April 10, 2006. EPA believes that this action is necessary because these chemical substances may be hazardous to human health and the environment. The required notice will provide EPA the opportunity to evaluate intended significant new uses and associated activities before they occur and, if necessary, to prohibit or limit those uses or activities. DATES: Comments must be received on or before April 10, 2006. ADDRESSES: Submit your comments, identified by docket identification
(ID)number EPA-HQ-OPPT-2005-0015, by one of the following methods: • *http://www.regulations.gov.* Follow the on-line instructions for submitting comments. • *E-mail: oppt.ncic@epa.gov* . • *Mail:* Document Control Office (7407M), Office of Pollution Prevention and Toxics (OPPT), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001. • *Hand Delivery:* OPPT Document Control Office (DCO), EPA East Bldg., Rm. 6428, 1201 Constitution Ave., NW., Washington, DC. Attention: Docket ID number EPA-HQ-OPPT-2005-0015. The DCO is open from 8 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The telephone number for the DCO is
(202)564-8930. Such deliveries are only accepted during the Docket's normal hours of operation, and special arrangements should be made for deliveries of boxed information. *Instructions:* Direct your comments to docket ID number EPA-HQ-OPPT-2005-0015. EPA's policy is that all comments received will be included in the public docket without change and may be made available on-line at *http://www.regulations.gov* , including any personal information provided, unless the comment includes information claimed to be Confidential Business Information
(CBI)or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through regulations.gov or e-mail. The regulations.gov website is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through regulations.gov your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. *Docket:* All documents in the docket are listed in the regulations.gov index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available electronically through regulations.gov or in hard copy at the OPPT Docket, EPA Docket Center (EPA/DC), EPA West, Rm. B102, 1301 Constitution Ave., NW., Washington, DC. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is
(202)566-1744, and the telephone number for the OPPT Docket is
(202)566-0280. FOR FURTHER INFORMATION CONTACT: *For general information contact:* Colby Lintner, Regulatory Coordinator, Environmental Assistance Division (7408M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:
(202)554-1404; e-mail address: *TSCA-Hotline@epa.gov* . *For technical information contact:* Amy Breedlove, Chemical Control Division (7405M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:
(202)564-9823; e-mail address: *breedlove.amy@epa.gov* . SUPPLEMENTARY INFORMATION: I. General Information A. Does this Action Apply to Me? You may be potentially affected by this action if you manufacture (defined by statute to include import) any of the chemical substances that are listed in Table 3 in § 721.9582(a)(1) of the proposed regulatory text. Persons who intend to import any chemical substance governed by a final SNUR are subject to the TSCA section 13 (15 U.S.C. 2612) import certification requirements, and to the regulations codified at 19 CFR 12.118 through 12.127 and 127.28. Those persons must certify that they are in compliance with the SNUR requirements. The EPA policy in support of import certification appears at 40 CFR part 707, subpart B. In addition, any persons who export or intend to export a chemical substance that is the subject of this proposed rule on or after April 10, 2006 are subject to the export notification provisions of TSCA section 12(b) (15 U.S.C. 2611(b)) (see 40 CFR 721.20), and must comply with the export notification requirements in 40 CFR part 707, subpart D. Potentially affected entities may include, but are not limited to: • Manufacturers (defined by statute to include importers) of one or more of the subject chemical substances (NAICS 325 and 324110), e.g., chemical manufacturing and petroleum refineries. This listing is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be affected by this action. Other types of entities not listed in this unit could also be affected. The North American Industrial Classification System (NAICS) codes have been provided to assist you and others in determining whether this action might apply to certain entities. To determine whether you or your business may be affected by this action, you should carefully examine the applicability provisions in 40 CFR 721.5 and 40 CFR 721.9582 as proposed herein. Also consult Unit II. 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. What Should I Consider as I Prepare My Comments for EPA? 1. *Submitting CBI.* Do not submit this information to EPA through regulations.gov or e-mail. Clearly mark the part or all of the information that you claim to be CBI. For CBI information in a disk or CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as CBI and then identify electronically within the disk or CD ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. 2. *Tips for preparing your comments.* When submitting comments, remember to: i. Identify the document by docket number and other identifying information (subject heading, **Federal Register** date, and page number). ii. Follow directions. The Agency may ask you to respond to specific questions or organize comments by referencing a Code of Federal Regulations
(CFR)part or section number. iii. Explain why you agree or disagree; suggest alternatives and substitute language for your requested changes. iv. Describe any assumptions and provide any technical information and/or data that you used. v. If you estimate potential costs or burdens, explain how you arrived at the estimate. vi. Provide specific examples to illustrate your concerns and suggested alternatives. vii. Explain your views as clearly as possible, avoiding the use of profanity or personal threats. viii. Make sure to submit your comments by the comment period deadline identified. II. Background A. What Action is the Agency Taking? On October 18, 2000, EPA published in the **Federal Register** a proposed SNUR (65 FR 62319) (FRL-6745-5) (Ref. 1) to regulate the chemicals referred to as perfluorooctyl sulfonates (PFOS). The structure and definition of those chemicals affected by the proposed SNUR were described on page 62325, Unit IV.A. of that proposed rule. The corresponding final rule was published in the **Federal Register** on March 11, 2002 (67 FR 11008) (FRL-6823-6), for 13 perfluoroalkyl sulfonates
(PFAS)chemicals (Ref. 2). In response to comments, EPA agreed to use the generic term perfluoroalkyl sulfonates
(PFAS)to encompass more generally this category of perfluorinated compounds, which includes those with eight carbons
(C8)as well as those with higher and lower amounts of carbon. The Agency also agreed to use the term PFOS to represent only those chemical substances that are predominantly C8. A supplemental proposed SNUR for 75 other similar PFAS chemicals was published in the **Federal Register** on March 11, 2002 (67 FR 11014) (FRL-6823-7) (Ref. 3). EPA promulgated a final rule for these 75 PFAS chemicals on December 9, 2002 (67 FR 72854) (FRL-7279-1) (Ref. 4). As used in this proposal, the term PFAS refers to a general category of perfluorinated sulfonate compounds and includes compounds of carbon chain lengths greater than four. The term PFOS refers to a subcategory of PFAS compounds that have an eight-carbon chain length. EPA believed that those actions were necessary because data showed that certain alkyl chain lengths of the PFAS chemicals are toxic to human health, bioaccumulate, and are persistent in the environment. The December 9, 2002 final rule designated manufacture and import for any use of the specific PFAS chemicals listed in Tables 1 and 2 of 40 CFR 721.9582 as significant new uses with the following four exceptions for chemical substances in Table 2: • Use as an anti-erosion additive in fire-resistant phosphate ester aviation hydraulic fluids. • Use as a component of a photoresist substance, including a photo acid generator or surfactant, or as a component of an anti-reflective coating, used in a photomicrolithography process to produce semiconductors or similar components of electronic or other miniaturized devices. • Use in coatings for surface tension, static discharge, and adhesion control for analog and digital imaging films, papers, and printing plates, or as a surfactant in mixtures used to process imaging films. • Use as an intermediate only to produce other chemical substances to be used solely for the uses listed in exceptions 1 through 3. EPA is proposing to add 183 PFAS chemicals to the SNUR at 40 CFR 721.9582. The 183 chemicals are listed in Table 3 which appears in the proposed regulatory text. EPA believes that this action is warranted given the similarity of these chemicals to those currently included in 40 CFR 721.9582 and the strong likelihood of similar health and environmental concerns, as discussed in Unit III.A. Specifically, the Agency is proposing to designate as a “significant new use” the manufacture, including import, for any use of the chemical substances listed in Table 3 of the proposed regulatory text; however, the Agency is also proposing to make the excepted uses described in 40 CFR 721.9582(a)(3) applicable to the chemicals listed in Table 3 of the proposed regulatory text. The listed chemical substances in Table 3 are on the TSCA Inventory and have carbon chains greater than, or equal to, C5 with the PFAS chemical structure. This action also includes those chemicals with ranges of carbon chains shorter than C5 but that extend beyond C5, for example, C4-C12. EPA specifically solicits comment on whether there is any ongoing manufacture or import of the chemicals subject to this proposed rule as well as information on any uses of such chemicals. This proposed rule would require persons to notify EPA at least 90 days before commencing the manufacture (including import) of the chemical substances identified in Table 3 of the proposed regulatory text for the following significant new uses: • The manufacture, including import, for any use of any of the chemicals listed in Table 3 of the proposed regulatory text. • However, the manufacture or import of any chemical listed in Table 3 of the proposed regulatory text for one or more of the following specific uses shall not be considered as a significant new use subject to reporting: 1. Use as an anti-erosion additive in fire-resistant phosphate ester aviation hydraulic fluids. 2. Use as a component of a photoresist substance, including a photo acid generator or surfactant, or as a component of an anti-reflective coating, used in a photomicrolithography process to produce semiconductors or similar components of electronic or other miniaturized devices. 3. Use in coating for surface tension, static discharge, and adhesion control for analog and digital imaging films, papers, and printing plates, or as a surfactant in mixtures used to process imaging films. 4. Use as an intermediate only to produce other chemical substances to be used solely for the uses listed in 1., 2., or 3. EPA is proposing to extend the exceptions to these chemicals due to the possibility that their use profiles are similar to those already covered in the SNUR. EPA is soliciting comment on whether the excepted uses are still necessary for the chemicals listed in Table 3 of the proposed regulatory text and depending on comments received may decide not to extend the exceptions in some or all cases. The original exceptions were granted based on limited volume of the uses, the extent of controls on exposure and releases, and the absence of viable alternatives. B. What is the Agency's Authority for Taking this Action? Section 5(a)(2) of TSCA (15 U.S.C. 2604(a)(2)) authorizes EPA to determine that a use of a chemical substance is a “significant new use.” EPA must make this determination by promulgating a rule after considering all relevant factors, including those listed in TSCA section 5(a)(2). These factors include the projected production volume of a chemical substance; the extent to which a use changes or increases the type, form, magnitude, or duration of exposure to the substance; and the reasonably anticipated manner of producing, processing, distributing, or disposing of the substance. EPA construes the statute to allow consideration of any other relevant factors, in addition to those listed in section 5(a)(2). Once EPA determines that a use of a chemical substance is a significant new use, and promulgates a SNUR, section 5(a)(1)(B) of TSCA requires persons to submit a Significant New Use Notice
(SNUN)to EPA at least 90 days before they manufacture, import, or process the chemical substance for that use. C. Applicability of General Provisions General regulatory provisions for SNURs appear in 40 CFR part 721, subpart A. These provisions describe persons subject to the rule, recordkeeping requirements, and exemptions to reporting requirements. Provisions relating to user fees appear at 40 CFR part 700. Persons subject to the final SNUR must comply with many of the same notice requirements and EPA regulatory procedures as submitters of premanufacture notices
(PMNs)under section 5(a)(1)(A) of TSCA. Those requirements include the information submission requirements of TSCA section 5(b) and 5(d)(1), the exemptions authorized by TSCA section 5(h)(1), (2), (3), and (5), and the regulations at 40 CFR part 720 (see 40 CFR 721.1(c)). Receipt of a SNUN by EPA may trigger regulatory action under TSCA sections 5(e), 5(f), 6, or 7, if appropriate, to control the activities described in the SNUN. If EPA does not take action after receipt of a SNUN, 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 implement TSCA section 12(b) appear at 40 CFR part 707, subpart D. 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 TSCA sections 5, 6, and 7 requirements. The EPA policy on import certification appears at 40 CFR part 707, subpart B. III. Rationale for this Proposed Rule A. What are the Environmental Characteristics of PFAS? All of the chemical substances in Table 3 of the proposed regulatory text are referred to collectively in this proposed rule as perfluoroalkyl sulfonates, or PFAS. There is evidence that PFAS chemicals degrade back to perfluoroalkylsulfonic acid (PFASA), which exists in the anionic form in the environment, or to PFASA precursors. Further degradation of PFASA is not observed under normal environmental conditions. In fact, PFASA is highly persistent in the environment and has a tendency to bioaccumulate (Refs. 6 and 7). PFASA can continue to be formed by any PFAS containing chemicals introduced into the environment. Studies have found PFAS chemicals containing five to fourteen carbons (C5-C14) in very small quantities in the blood of the general human population as well as in wildlife, indicating that exposure to the chemicals is widespread (Refs. 6, 7, and 8). Biological sampling has discovered the presence of certain perfluoroalkyl compounds in fish and in fish-eating birds across the United States and in locations in Canada, Sweden, and the South Pacific (Ref. 6). The wide distribution of the chemicals in high trophic levels is strongly suggestive of the potential for bioaccumulation and/or bioconcentration. Based on currently available information, EPA believes that while all PFAS chemicals are expected to persist, the length of the perfluorinated chain may also have an effect on bioaccumulation and toxicity, which are also characteristics of concern for these chemicals. PFAS chemicals with longer carbon chain lengths may be of greater concern than those with shorter chain lengths (Refs. 9, 10, and 11). B. What are the Health Effects of PFAS? The hazard assessment published by the Organization for Economic Cooperation and Development
(OECD)(Ref. 15) concluded that PFOS is persistent, bioaccumulative and toxic to mammalian species. While most studies to date have focused primarily on PFOS (with eight carbons (C8)), structure-activity relationship analysis indicates that the results of those studies are applicable to the category of PFAS chemicals, which includes PFOS. Available test data have raised concerns about their potential developmental, reproductive, and systemic toxicity (Refs. 6, 7, and 8). Toxicology studies show that PFOS, as measured in its anionic form, is well absorbed orally and distributes primarily to the serum and liver. It does not appear to be further metabolized. Elimination from the body is slow and occurs via both urine and feces. Serum PFOS levels in three retired male 3M Company chemical workers have been tracked and suggest a mean elimination half-life in humans of approximately 4 years (Ref. 8). Epidemiologic studies have shown an association between PFOS exposure and the incidence of bladder cancer, although further work is needed (Ref. 15). Studies on PFOS generally indicate moderate toxicity to environmental species (fish, aquatic plants and invertebrates, amphibians and birds), although in the case of honey bees, high toxicity was observed (Ref. 15). C. What are the Uses and Production Levels of these Chemicals? The Agency believes that the 183 PFAS chemicals included in this proposal are no longer being manufactured for any uses in the United States, except possibly for excepted uses under 40 CFR 721.9582(a)(3). As mentioned in Unit II.A., EPA is soliciting comment on the need for the excepted uses for the chemicals listed in Table 3 of the proposed regulatory text. 3M Company, the principal domestic manufacturer of PFAS chemicals, has publicly committed to using perfluorobutane sulfonate
(PFBS)(a four carbon
(C4)based PFAS) instead of PFOS or other PFAS chemicals in its products (Ref. 5). The Agency has no indication that the PFAS chemicals covered by this proposal are in commercial production for any use; however, there could be instances where these chemicals are produced in amounts that fall below any reporting thresholds, e.g., under the Inventory Update Rule at 40 CFR part 710, and therefore EPA would be unaware of their production. PFOS and related sulfonyl-based fluorochemicals, which are a subset of the overall PFAS category of chemicals and are included in 40 CFR 721.9582, were used in a variety of products, which can be divided into three main use categories: surface treatments, paper protection, and performance chemicals (Ref. 12). In the past, PFAS chemicals in the performance chemicals category were used in a wide variety of specialized industrial, commercial, and consumer applications. Specific applications included fire fighting foams, mining and oil well surfactants, acid mist suppressants for metal plating and electronic etching baths, alkaline cleaners, floor polishes, inks, photographic film, denture cleaners, shampoos, chemical intermediates, coating additives, carpet spot cleaners, and as an insecticide in bait stations for ants (Ref. 12). In 2000, the domestic production volume of the PFAS chemicals containing eight carbons
(C8)for the performance chemicals use category was estimated to be approximately 1.5 million pounds (Ref. 13). The 3M Company discontinued manufacture of some specific PFAS and related chemicals as of 2002. The Agency is aware that PFAS and PFAS-related chemicals have been produced by and/or imported from companies located in countries outside of the United States, including Italy, Belgium, Germany, Norway, Poland, and Switzerland, among others, and that many other companies have sold PFAS-related products (Ref. 14). The Agency is not aware of any uses or imports in the United States of the remaining PFAS chemicals on the Inventory. Comments generated by this document will enable EPA to determine if any remaining uses exist. D. Why is EPA Taking this Action? EPA believes that the manufacture or import for any use of the PFAS chemicals listed in Table 3 of the proposed regulatory text occurring after the 3M Company's global phase-out dates would significantly increase the magnitude and duration of exposure to humans and the environment to these chemicals. Given the similarity of the chemicals in this proposal to the PFAS chemicals covered under 40 CFR 721.9582 and the health and environmental concerns described in this unit, EPA believes that action on these PFAS chemicals is warranted. IV. Determining a Significant New Use Section 5(a)(2) of TSCA requires that EPA's determination that a use of a chemical substance is a significant new use must be made after consideration of all relevant factors including: • The projected volume of manufacturing and processing of a chemical substance. • The extent to which a use changes the type or form of exposure of human beings or the environment to a chemical substance. • The extent to which a use increases the magnitude and duration of exposure of human beings or the environment to a chemical substance. • The reasonably anticipated manner and methods of manufacturing, processing, distribution in commerce, and disposal of a chemical substance. EPA construes the statute to allow consideration of any other relevant factors, in addition to those enumerated in section 5(a)(2)(A) through (D). To determine what would constitute a significant new use of the PFAS chemicals listed in Table 3 of the proposed regulatory text, EPA considered relevant information about the toxicity, exposure, and environmental effects of the substances as well as the four factors listed in section 5(a)(2) of TSCA. As described in Unit III., EPA has concerns regarding the reproductive and subchronic toxicity, persistence, and bioaccumulative potential of the chemical substances that are included in this proposed SNUR. Any use of these PFAS chemicals would continue to add to the reservoir of PFASA in the environment, resulting in additional human/animal exposure. Furthermore, the specific perfluoroalkylsulfonyl fluoride
(PASF)precursors required to manufacture the PFAS chemicals included in this proposal are no longer being manufactured and 3M Company, the principal U.S. manufacturer of PFAS chemicals, has committed to using perfluorobutane sulfonate
(PFBS)(a four carbon
(C4)based PFAS). The Agency is also not aware of any uses or imports in the United States of the PFAS chemicals included in this proposal. Available information indicates that there is no ongoing manufacture, import, or use of these PFAS chemicals in the United States. Therefore, any manufacture, import, or use of these chemicals, apart from the excepted uses, if determined to be ongoing based on comments received on this proposed rule or other information, would be considered a significant new use. Considering EPA's concerns about the toxicity and bioaccumulation potential of the chemicals, EPA believes that individuals and the environment could suffer adverse effects from their use. Since indications are that manufacturing and importing have ceased, with the possible exception of the four excepted uses, EPA believes that any new manufacture, import, or use of these chemicals would significantly increase the production volume and the magnitude and duration of exposure of human beings and the environment to these chemical substances. Consequently, EPA wants the opportunity to evaluate and control, if appropriate, exposures associated with those activities. Based on these considerations, EPA is pursuing the following objectives with regard to the use of the chemicals listed in Table 3 of the proposed regulatory text: • EPA wants to ensure that it would receive notice of any person's intent to manufacture or import the listed chemicals for any designated new use before that activity begins. • EPA wants to ensure that it would have the opportunity to review and evaluate data submitted in a SNUN before the notice submitter begins manufacturing or importing the chemicals for any designated new use. • The required notice will provide EPA the opportunity to evaluate intended significant new uses and associated activities before they occur and, if necessary, to prohibit or limit those activities. V. Test Data and Other Information EPA recognizes that section 5 of TSCA does not require the development of any particular test data before submission of a SNUN. Persons are required only to submit test data in their possession or control and to describe any other data known to or reasonably ascertainable by them (15 U.S.C. 2604(d); 40 CFR 721.25). SNUN submitters should be aware that EPA will be better able to evaluate SNUNs that provide detailed information on: • Human exposure and environmental releases that may result from the significant new use of the chemical substance. • Potential benefits of the chemical substance. • Information on hazards and risks posed by the chemical substance relative to hazards and risks posed by potential substitutes. Submitters should consider including with a SNUN any other available studies on the chemical substances or studies on analogous substances that may demonstrate that the significant new uses being reported are unlikely to present an unreasonable risk. In view of the potential risks posed by these chemicals, potential SNUN submitters should include data that would permit a reasoned evaluation of risks posed by these chemicals. EPA encourages persons to consult with the Agency before submitting a SNUN for these substances. As part of this optional pre-notice consultation, EPA would discuss specific data it believes would be useful in evaluating a significant new use. A SNUN submitted without sufficient data to reasonably evaluate risks posed by a significant new use of one of the listed chemicals may increase the likelihood that EPA will take action under TSCA section 5(e) to prohibit or limit activities associated with these chemicals. VI. SNUN Submissions SNUNs should be mailed to the Environmental Protection Agency, OPPT Document Control Office (7407M), 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001. Information must be submitted in the form and manner set forth in EPA Form No. 7710-25. This form is available from the Environmental Assistance Division (7408M), OPPT, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001 (see 40 CFR 721.25(a) and 720.40(a)(2)(i)). VII. Alternatives Before proposing this SNUR, EPA considered promulgating a TSCA section 8(a) reporting rule for the listed chemicals. Under such a rule, EPA could generally require any person to report information to the Agency when they intend to manufacture, import, or process a listed chemical. However, in the case of these particular substances, the use of TSCA section 8(a) rather than SNUR authority would have several drawbacks. First, EPA would not be able to take immediate follow-up regulatory action under TSCA sections 5(e) or 5(f) to prohibit or limit the activity before it begins. In addition, EPA may not receive important information from small businesses, because such firms generally are exempt from TSCA section 8(a) reporting requirements. In view of the level of health and environmental concerns about the chemicals listed in Table 3 of the proposed regulatory text, EPA believes that a TSCA section 8(a) rule for these substances would not meet EPA's regulatory objectives. VIII. Applicability of Proposed Rule to Uses Occurring Before Effective Date of the Final Rule As discussed in the **Federal Register** of April 24, 1990 (55 FR 17376), EPA believes that the intent of TSCA section 5(a)(1)(B) is best served by designating a use as a “significant new use” as of the proposal date of the SNUR, rather than as of the effective date of the final rule. If uses begun after publication of the proposed SNUR were considered to be ongoing rather than new, it would be difficult for EPA to establish notification requirements, because any person could defeat the SNUR by initiating the proposed significant new use before the proposed rule became final. Any person who begins commercial manufacture or import for any use of any of the chemical substances listed in Table 3 of the proposed regulatory text after publication of this proposed SNUR must stop such activity before the effective date of the final rule. All persons will have to meet all SNUR notice requirements and wait until the end of the notice review period, including all extensions, before engaging in any activities designated as significant new uses. If, however, persons who begin commercial manufacture or import of any of the chemical substances listed in Table 3 of the proposed regulatory text between the proposal and the effective date of the final SNUR meet the conditions of advance compliance as codified at 40 CFR 721.45(h), those persons would be considered to have met the requirements of the final SNUR for those activities. IX. Issue for Comment EPA is especially interested in comments on whether there is any current manufacture or import of any of the chemicals listed in Table 3 of the proposed regulatory text, including for the uses that would be excepted as proposed in accordance with 40 CFR 721.9582(a)(2)(iii). The Agency is not aware of any uses or imports in the United States of the remaining PFAS chemicals on the Inventory. Comments generated by this document will enable EPA to determine if any remaining uses exist, and therefore the need for the proposed, or other, exemptions, based on manufacture or import for an ongoing use. X. Economic Analysis EPA has evaluated the potential costs of establishing SNUR reporting requirements for potential manufacturers, including importers, of the chemical substances who would be subject to the final rule. While there is no precise way to calculate the total annual cost of compliance with the final rule, EPA estimates that the reporting cost for submitting a SNUN is $7,267, including a $2,500 user fee (Ref. 16). EPA believes that there will be few, if any, SNUNs submitted. EPA's complete economic analysis is available in the public docket for this proposed rule (Ref. 16). Under section 12(b) of TSCA, exporters must notify EPA if they export or intend to export a chemical substance or mixture for which, among other things, a rule has been proposed or promulgated under TSCA section 5. Notice must be provided for the first export or intended export to a particular country in a calendar year. In an economic analysis of an amendment to the rules implementing TSCA section 12(b), EPA estimated that the one-time cost of preparing and submitting an export notification was $62.60 in 1992, or $93.02 when inflated to 2003 dollars by a factor of approximately 1.5, from the Employment Cost Index for White Collar Occupations. The total costs of export notification will vary by chemical, depending on the number of required notifications (i.e., the number of countries to which the chemical is exported). EPA is unable to make any estimate of the likely number of export notifications for chemicals covered in this SNUR (Ref. 16). XI. References The public docket for this action, EPA-HQ-OPPT-2005-0015, currently includes the following documents: 1. USEPA. “Perfluorooctyl Sulfonates; Proposed Significant New Use Rule.” 65 FR 62319, October 11, 2000. 2. USEPA. “Perfluoroalkyl Sulfonates; Significant New Use Rule, Final Rule.” 67 FR 11008, March 11, 2002. 3. USEPA. “Perfluoroalkyl Sulfonates; Proposed Significant New Use Rule, Supplemental proposed rule.” 67 FR 11014, March 11, 2002. 4. USEPA. “Perfluoroalkyl Sulfonates; Significant New Use Rule, Final Rule.” 67 FR 72854, December 9, 2002. 5. 3M Company. Technical Data Bulletin: Environmental, Health, Safety, and Regulatory
(EHSR)Profile of Perfluorobutane Sulfonate (PFBS), July 2002. 6. 3M Company. Sulfonated Perfluorochemicals in the Environment: Sources, Dispersion, Fate, and Effects. St. Paul, Minnesota, March 1, 2000. 7. 3M Company. The Science of Organic Fluorochemistry. St. Paul, Minnesota, February 5, 1999. 8. 3M Company. Perfluorooctane Sulfonate: Current Summary of Human Sera, Health and Toxicology Data. St. Paul, Minnesota, January 21, 1999. 9. Kudo, Naomi, et.al. “Comparison of the Elimination Between Perfluorinated Fatty Acids with Different Carbon Chain Lengths in Rats.” Chemico-Biological Interactions. Volume 134(2), 2001, pp. 203-216. 10. Goeke-Flora, Carol M. and Nicholas V. Reo. “Influence of Carbon Chain Length on the Hepatic Effects of Perfluorinated Fatty Acids, A 19 F- and 31 P-NMR Investigation.” Chemical Research in Toxicology, 9(4), 1996, pp. 689-695. 11. Dixon, David A. “Fluorochemical Decomposition Processes,” Theory, Modeling, and Simulation, William R. Wiley Environmental Molecular Sciences Laboratory, Pacific Northwest National Laboratory, Richland Washington, April 4, 2001. 12. 3M Company. Fluorochemical Use, Distribution, and Release Overview. St. Paul, Minnesota, May 26, 1999. 13. Weppner, William A., 3M Company. Phase-Out Plan for POSF-Based Products, St. Paul, Minnesota, July 7, 2000. 14. Organization for Economic Cooperation and Development (OECD), Environment Directorate. Results of Survey on Production and Use of PFOS, PFAS and PFOA-Related Substances and Products/Mixtures Containing these Substances. ENV/JM/MONO(2005)1. January 13, 2005, pp. 33-45. 15. Organization for Economic Cooperation and Development (OECD), Environment Directorate. “Hazard Assessment of Perfluorooctane Sulfonate
(PFOS)and its Salts,” ENV/JM/RD(2002)17/FINAL, November, 21, 2002. 16. USEPA. “Economic Analysis of the Proposed Significant New Use Rule for 183 Perfluoroalkyl Sulfonates.” Washington, DC: U.S. EPA/OPPT/EETD/EPAB, November 3, 2005. XII. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review 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 this proposed SNUR is not a “significant regulatory action” because this rule does not meet the criteria in section 3(f) of the Executive Order. B. Paperwork Reduction Act 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 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 the PRA under OMB control number 2070-0038 (EPA ICR No. 1188). This action does not impose any burden requiring additional OMB approval. The burden for submitting a SNUN is estimated to average 107 hours per submission. This burden estimate includes the time needed to review instructions, search existing data sources, gather and maintain the data needed, and complete, review, and submit the required SNUN. Send any comments about the accuracy of the burden estimate, and any suggested methods for minimizing respondent burden, including through the use of automated collection techniques, to the Director, Collection Strategies Division, Office of Environmental Information (2822T), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001. Please remember to include the OMB control number in any correspondence, but do not submit any completed forms to this address. C. Regulatory Flexibility Act 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 would 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 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. Because a SNUR requires only that any person who intends to engage in such activity in the future must first notify EPA by submitting a SNUN, no economic impact would 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 1,000 SNURs, the Agency receives on average only 10 SNUNs per year. 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 (see Unit X.), are minimal regardless of the size of the firm. Therefore, EPA believes that the potential economic impact of complying with this SNUR is not expected to be significant nor 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 its 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. D. Unfunded Mandates Reform Act 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 reason to believe that any State, local, or Tribal government would be impacted by this rulemaking. As such, EPA has determined that this regulatory action would 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)(Public Law 104-4). E. Executive Order 13132: Federalism This action would not have a substantial direct effect on States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132, entitled *Federalism* (64 FR 43255, August 10, 1999). F. Executive Order 13175: Consultation and Coordination with Indian Tribal Governments This proposed rule would not have Tribal implications because it is not expected to have substantial direct effects on Indian Tribes. This proposed rule would not significantly or uniquely affect the communities of Indian Tribal governments, nor would it involve or impose any requirements that affect Indian Tribes. Accordingly, the requirements of Executive Order 13175, entitled *Consultation and Coordination with Indian Tribal Governments* (65 FR 67249, November 6, 2000), do not apply to this proposed rule. G. Executive Order 13045: Protection of Children from Environmental Health Risks and Safety Risks This action is not subject to Executive Order 13045, entitled *Protection of Children from Environmental Health Risks and Safety Risks* (62 FR 19885, April 23, 1997), because this is not an economically significant regulatory action as defined by Executive Order 12866, and this action does not address environmental health or safety risks disproportionately affecting children. H. Executive Order 13211: Actions that Significantly Affect Energy Supply, Distribution, or Use This proposed rule is not subject to Executive Order 13211, entitled *Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use* (66 FR 28355, May 22, 2001), because this action is not expected to affect energy supply, distribution, or use. I. National Technology Transfer Advancement Act 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), Public Law 104-113, 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, entitled *Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations* (59 FR 7629, February 16, 1994). K. Executive Order 12988: Civil Justice Reform 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). List of Subjects in 40 CFR Part 721 Environmental protection, Chemicals, Hazardous substances, Reporting and recordkeeping requirements. Dated: February 28, 2006. Charles M. Auer, 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 721.9582 is amended as follows: a. By revising the text of paragraph (a)(1). b. By adding a Table 3 to paragraph (a)(1). c. By revising paragraphs (a)(2) and (a)(3). § 721.9582 Certain perfluoroalkyl sulfonates.
(a)*Chemical substances and significant new uses subject to reporting.*
(1)The chemical substances listed in Table 1, Table 2, and Table 3 of this section are subject to reporting under this section for the significant new uses described in paragraph (a)(2) of this section. **Table 3—PFAS Chemicals Subject to Reporting on or After April 10, 2006** CAS No. CAS Ninth Collective Index Name C No. 179005-06-2 Sulfonamides, C4-8-alkane, perfluoro, N-[3-(dimethyloxidoamino)propyl], potassium salts C4-C8 148240-81-7 Fatty acids, C18-unsatd., trimers, 2-[methyl[(undecafluoropentyl)sulfonyl]amino]ethyl esters C5 95590-48-0 2-Propenoic acid, 2-methyl-, 3-(trimethoxysilyl)propyl ester, polymer with ethenylbenzene, 2-[ethyl[(heptadecafluorooctyl)sulfonyl]amino]ethyl 2-propenoate and 2-hydroxyethyl 2-propenoate C8 73772-34-6 1-Hexanesulfonamide, N-[3-(dimethylamino)propyl]-1,1,2,2,3,3,4,4,5,5,6,6,6-tridecafluoro-N-[2-[2-(2- hydroxyethoxy)ethoxy]ethyl]- C6 73772-33-5 1-Hexanesulfonamide, N-[3-(dimethylamino)propyl]-1,1,2,2,3,3,4,4,5,5,6,6,6-tridecafluoro-, monoacetate C6 73275-59-9 2-Propenoic acid, 2-[[(heptadecafluorooctyl)sulfonyl]propylamino]ethyl ester, polymer with a-(2-methyl-1-oxo-2-propenyl)-w-butoxypoly[oxy(methyl-1,2-ethanediyl)] C8 73038-33-2 2-Propenoic acid, 2-[[(heptadecafluorooctyl)sulfonyl]propylamino]ethyl ester, polymer with methyloxirane polymer with oxirane mono(2-methyl-2-propenoate) C8 73019-28-0 2-Propenoic acid, 2-[[(heptadecafluorooctyl)sulfonyl]propylamino]ethyl ester, polymer with a-(2-methyl-1-oxo-2-propenyl)-w-methoxypoly(oxy-1,2-ethanediyl)
(9CI)C8 73019-20-2 1,3-Benzenedicarboxamide, N3-[2-[[(heptadecafluorooctyl)sulfonyl]methylamino]ethyl]-N1-[2-[[(heptadecafluorooctyl)sulfonyl]propylamino]ethyl]-4-methyl- C8 73019-19-9 Benzamide, 4-[[4-[[[2-[[(heptadecafluorooctyl)sulfonyl]propylamino]ethyl]amino]carbonyl]phenyl]methyl]-N-octadecyl- C8 73018-93-6 2-Propenoic acid, 2-methyl-, 2-ethylhexyl ester, polymer with 2-[[(heptadecafluorooctyl)sulfonyl]methylamino]ethyl 2-propenoate C8 72785-08-1 1-Propanesulfonic acid, 3-[[3-(dimethylamino)propyl][(heptadecafluorooctyl)sulfonyl]amino]- C8 71463-81-5 Phosphonic acid, [3-[ethyl[(pentadecafluoroheptyl)sulfonyl]amino]propyl]-, diethyl ester C7 71463-80-4 Phosphonic acid, [3-[ethyl[(heptadecafluorooctyl)sulfonyl]amino]propyl]-, diethyl ester C8 71463-79-1 Phosphonic acid, [3-[ethyl[(pentadecafluoroheptyl)sulfonyl]amino]propyl]- C7 71463-78-0 Phosphonic acid, [3-[ethyl[(heptadecafluorooctyl)sulfonyl]amino]propyl]- C8 71463-74-6 1-Octanesulfonic acid, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-, compd. with piperidine (1:1) C8 70900-40-2 2-Propenoic acid, 2-methyl-, 2-[[[[5-[[[4-[[(heptadecafluorooctyl)sulfonyl]methylamino]butoxy]carbonyl]amino]-2-methylphenyl]amino]carbonyl]oxy]propyl ester, telomer with butyl 2-propenoate, 2-[[(heptadecafluorooctyl)sulfonyl]methylamino]ethyl 2-propenoate, C4-C8 70248-52-1 1-Propanaminium, N,N,N-trimethyl-3-[[(tridecafluorohexyl)sulfonyl]amino]-, sulfate (2:1) C6 70225-26-2 1-Propanaminium, 3-[[(heptadecafluorooctyl)sulfonyl]amino]-N,N,N- trimethyl-, sulfate (2:1) C8 70225-24-0 1-Propanaminium, N,N,N-trimethyl-3-[[(undecafluoropentyl)sulfonyl]amino]-, sulfate (2:1) C5 70225-20-6 1-Propanaminium, N,N,N-trimethyl-3-[[(pentadecafluoroheptyl)sulfonyl]amino]-, sulfate (2:1) C7 70225-17-1 1-Pentanesulfonic acid, 1,1,2,2,3,3,4,4,5,5,5-undecafluoro-, compd. with 2,2'-iminobis[ethanol] (1:1) C5 70225-16-0 1-Hexanesulfonic acid, 1,1,2,2,3,3,4,4,5,5,6,6,6-tridecafluoro-, compd. with 2,2'-iminobis[ethanol] (1:1) C6 70225-15-9 1-Heptanesulfonic acid, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-pentadecafluoro-, compd. with 2,2'-iminobis[ethanol] (1:1) C7 68958-60-1 Poly(oxy-1,2-ethanediyl), alpha-[2-[ethyl[(pentadecafluoroheptyl)sulfonyl]amino]ethyl]-omega-methoxy- C7 68957-63-1 Glycine, N-ethyl-N-[(pentadecafluoroheptyl)sulfonyl]- C7 68957-62-0 1-Heptanesulfonamide, N-ethyl-1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-pentadecafluoro- C7 68957-61-9 1-Hexanesulfonamide, N-[3-(dimethylamino)propyl]-1,1,2,2,3,3,4,4,5,5,6,6,6-tridecafluoro-, monohydrochloride C6 68957-60-8 1-Pentanesulfonamide, N-[3-(dimethylamino)propyl]-1,1,2,2,3,3,4,4,5,5,5-undecafluoro-, monohydrochloride C5 68957-58-4 1-Propanaminium, N,N,N-trimethyl-3-[[(tridecafluorohexyl)sulfonyl]amino]-, iodide C6 68957-57-3 1-Propanaminium, N,N,N-trimethyl-3-[[(undecafluoropentyl)sulfonyl]amino]-, iodide C5 68957-55-1 1-Propanaminium, N,N,N-trimethyl-3-[[(undecafluoropentyl)sulfonyl]amino]-, chloride C5 68957-54-0 Glycine, N-ethyl-N-[(pentadecafluoroheptyl)sulfonyl]-, ethyl ester C7 68957-53-9 Glycine, N-ethyl-N-[(tridecafluorohexyl)sulfonyl]-, ethyl ester C6 68957-32-4 Glycine, N-ethyl-N-[(tridecafluorohexyl)sulfonyl]- C6 68957-31-3 Glycine, N-ethyl-N-[(undecafluoropentyl)sulfonyl]- C5 68891-99-6 Chromium, diaquatetrachloro[mu-[N-ethyl-N-[(undecafluoropentyl)sulfonyl]glycinato-kO:kO']]-mu-hydroxybis(2-propanol)di- C5 68891-98-5 Chromium, diaquatetrachloro[mu-[N-ethyl-N-[(tridecafluorohexyl)sulfonyl]glycinato-kO:kO']]-mu-hydroxybis(2-propanol)di- C6 68891-97-4 Chromium, diaquatetrachloro[mu-[N-ethyl-N-[(pentadecafluoroheptyl)sulfonyl]glycinato-kO:kO']]-mu-hydroxybis(2-propanol)- C7 68877-32-7 2-Propenoic acid, 2-methyl-, 2-[ethyl[(heptadecafluorooctyl)sulfonyl]amino]ethyl ester, polymer with 2-[ethyl[(nonafluorobutyl)sulfonyl]amino]ethyl 2-methyl-2-propenoate, 2-[ethyl[(pentadecafluoroheptyl)sulfonyl]amino]ethyl 2-methyl-2-propenoate, 2-[ C4-C8 68815-72-5 Benzoic acid, 2,3,4,5-tetrachloro-6-[[[3- [[(tridecafluorohexyl)sulfonyl]oxy]phenyl]amino]carbonyl]-, monopotassium salt C6 68797-76-2 2-Propenoic acid, 2-methyl-, 2-ethylhexyl ester, polymer with 2-[[(heptadecafluorooctyl)sulfonyl]methylamino]ethyl 2-propenoate, 2-[methyl[(nonafluorobutyl)sulfonyl]amino]ethyl 2-propenoate, 2-[methyl[(pentadecafluoroheptyl)sulfonyl]amino]ethyl 2-pr C4-C8 68608-13-9 Sulfonamides, C4-8-alkane, perfluoro, N-ethyl-N-(hydroxyethyl), reaction products with TDI C4-C8 68568-77-4 2-Propenoic acid, 2-methyl-, 2-[ethyl[(heptadecafluorooctyl)sulfonyl]amino]ethyl ester, polymer with 2-chloro-1,3-butadiene, 2-[ethyl[(nonafluorobutyl)sulfonyl]amino]ethyl 2-methyl-2-propenoate, 2-[ethyl[(pentadecafluoroheptyl)sulfonyl]amino]ethyl 2 C4-C8 68555-81-7 1-Propanaminium, N,N,N-trimethyl-3-[[(pentadecafluoroheptyl)sulfonyl]amino]-, chloride C7 68555-79-3 Glycine, N-ethyl-N-[(undecafluoropentyl)sulfonyl]-, ethyl ester C5 68555-78-2 1-Pentanesulfonamide, N-[3-(dimethylamino)propyl]-1,1,2,2,3,3,4,4,5,5,5-undecafluoro- C5 68555-76-0 1-Heptanesulfonamide, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-pentadecafluoro-N-(2-hydroxyethyl)-N-methyl- C7 68555-75-9 1-Hexanesulfonamide, 1,1,2,2,3,3,4,4,5,5,6,6,6-tridecafluoro-N-(2-hydroxyethyl)-N-methyl- C6 68555-74-8 1-Pentanesulfonamide, 1,1,2,2,3,3,4,4,5,5,5-undecafluoro-N-(2-hydroxyethyl)-N-methyl- C5 68555-73-7 1-Heptanesulfonamide, N-ethyl-1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-pentadecafluoro-N-(2-hydroxyethyl)- C7 68555-72-6 1-Pentanesulfonamide, N-ethyl-1,1,2,2,3,3,4,4,5,5,5-undecafluoro-N-(2-hydroxyethyl)- C5 68555-71-5 Glycine, N-ethyl-N-[(pentadecafluoroheptyl)sulfonyl]-, sodium salt C7 68555-70-4 Glycine, N-ethyl-N-[(tridecafluorohexyl)sulfonyl]-, sodium salt C6 68555-69-1 Glycine, N-ethyl-N-[(undecafluoropentyl)sulfonyl]-, sodium salt C5 68541-02-6 Benzoic acid, 2,3,4,5-tetrachloro-6-[[[3-[[(undecafluoropentyl)sulfonyl]oxy]phenyl]amino]carbonyl]-, monopotassium salt C5 68541-01-5 Benzoic acid, 2,3,4,5-tetrachloro-6-[[[3-[[(pentadecafluoroheptyl)sulfonyl]oxy]phenyl]amino]carbonyl]-, monopotassium salt C7 68391-09-3 Sulfonic acids, C6-12-alkane, perfluoro, potassium salts C6-C12 68318-36-5 1-Propanaminium, 3-[(carboxymethyl)[(heptadecafluorooctyl)sulfonyl]amino]-N,N,N-trimethyl-, inner salt C8 68318-34-3 Cyclohexanesulfonyl fluoride, decafluoro(trifluoromethyl)- C7 68310-75-8 1-Propanaminium, 3-[[(heptadecafluorooctyl)sulfonyl]amino]-N,N,N-trimethyl-, iodide, ammonium salt C8 68310-17-8 Poly[oxy(methyl-1,2-ethanediyl)], alpha-[2-[ethyl[(undecafluoropentyl)sulfonyl]amino]ethyl]-omega-hydroxy- C5 68310-02-1 1-Heptanesulfonamide, N-butyl-1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-pentadecafluoro-N-(2-hydroxyethyl)- C7 68299-39-8 2-Propenoic acid, 2-methyl-, 4-[[(heptadecafluorooctyl)sulfonyl]methylamino]butyl ester, telomer with butyl 2-propenoate, 2-[[(heptadecafluorooctyl)sulfonyl]methylamino]ethyl 2-propenoate, 4-[methyl[(nonafluorobutyl)sulfonyl] amino]butyl 2-methyl-2-p C4-C8 68299-29-6 Benzenesulfonic acid, ar-[[[(pentadecafluoroheptyl)sulfonyl]amino]methyl]-, monosodium salt C7 68299-21-8 Benzenesulfonic acid, [[[(tridecafluorohexyl)sulfonyl]amino]methyl]-, monosodium salt C6 68299-20-7 Benzenesulfonic acid, [[[(undecafluoropentyl)sulfonyl]amino]methyl]-, monosodium salt C5 68298-89-5 1-Heptanesulfonamide, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-pentadecafluoro-N-(4-hydroxybutyl)-N-methyl- C7 68298-81-7 Poly(oxy-1,2-ethanediyl), alpha-[2-[ethyl[(pentadecafluoroheptyl)sulfonyl]amino]ethyl]-omega-hydroxy- C7 68298-80-6 Poly(oxy-1,2-ethanediyl), alpha-[2-[ethyl[(undecafluoropentyl)sulfonyl]amino]ethyl]-omega-hydroxy- C5 68298-78-2 2-Propenoic acid, 2-methyl-, 2-[[[[5-[[[2-[ethyl[(heptadecafluorooctyl)sulfonyl]amino]ethoxy]carbonyl]amino]-2-methylphenyl]amino]carbonyl]oxy]propyl ester, telomer with butyl 2-propenoate, 2-[[[[5-[[[2-[ethyl[(nonafluorobutyl) sulfonyl]amino]ethoxy] C4-C8 68298-60-2 2-Propenoic acid, 2-[butyl[(pentadecafluoroheptyl)sulfonyl]amino]ethyl ester C7 68298-13-5 1-Pentanesulfonamide, 1,1,2,2,3,3,4,4,5,5,5-undecafluoro-N-methyl- C5 68298-11-3 1-Propanaminium, 3-[[(heptadecafluorooctyl)sulfonyl](3-sulfopropyl)amino]-N-(2-hydroxyethyl)-N,N-dimethyl-, inner salt C8 68298-10-2 1-Heptanesulfonamide, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-pentadecafluoro-N-(phenylmethyl)- C7 68298-09-9 1-Hexanesulfonamide, 1,1,2,2,3,3,4,4,5,5,6,6,6-tridecafluoro-N-(phenylmethyl)- C6 68298-08-8 1-Pentanesulfonamide, 1,1,2,2,3,3,4,4,5,5,5-undecafluoro-N-(phenylmethyl)- C5 68298-06-6 2-Propenoic acid, 2-[ethyl[(undecafluoropentyl)sulfonyl]amino]ethyl ester C5 68259-39-2 Poly[oxy(methyl-1,2-ethanediyl)], alpha-[2- [ethyl[(pentadecafluoroheptyl)sulfonyl]amino]ethyl]-omega-hydroxy- C7 68259-38-1 Poly[oxy(methyl-1,2-ethanediyl)], alpha-[2-[ethyl[(tridecafluorohexyl)sulfonyl]amino]ethyl]-omega-hydroxy- C6 68259-15-4 1-Hexanesulfonamide, 1,1,2,2,3,3,4,4,5,5,6,6,6-tridecafluoro-N-methyl- C6 68259-14-3 1-Heptanesulfonamide, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-pentadecafluoro-N-methyl- C7 68259-12-1 1-Nonanesulfonic acid, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,9,9,9-nonadecafluoro- C9 68259-09-6 1-Pentanesulfonic acid, 1,1,2,2,3,3,4,4,5,5,5-undecafluoro-, ammonium salt C5 68259-08-5 1-Hexanesulfonic acid, 1,1,2,2,3,3,4,4,5,5,6,6,6-tridecafluoro-, ammonium salt C6 68259-07-4 1-Heptanesulfonic acid, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-pentadecafluoro-, ammonium salt C7 68259-06-3 1-Nonanesulfonyl fluoride, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,9,9,9-nonadecafluoro- C9 68239-75-8 1-Heptanesulfonamide, N-ethyl-1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-pentadecafluoro-N-[3-(trimethoxysilyl)propyl]- C7 68239-74-7 1-Hexanesulfonamide, 1,1,2,2,3,3,4,4,5,5,6,6,6-tridecafluoro-N-(4-hydroxybutyl)-N-methyl- C6 68239-73-6 1-Octanesulfonamide, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-N-(4-hydroxybutyl)-N-methyl- C8 68239-72-5 1-Pentanesulfonamide, 1,1,2,2,3,3,4,4,5,5,5-undecafluoro-N-(4-hydroxybutyl)-N-methyl- C5 68228-00-2 2-Propenoic acid, ethyl ester, polymer with 4-[[(heptadecafluorooctyl)sulfonyl]methylamino]butyl 2-propenoate, 4-[methyl[(nonafluorobutyl)sulfonyl]amino]butyl 2-propenoate, alpha-(2-methyl-1-oxo-2-propenyl)-omega-hydroxypoly(oxy-1,4-butanediyl), a-(2-methyl C4-C8 68227-99-6 2-Propenoic acid, 4-[methyl[(undecafluoropentyl)sulfonyl]amino]butyl ester C5 68227-98-5 2-Propenoic acid, 4-[methyl[(tridecafluorohexyl)sulfonyl]amino]butyl ester C6 68227-97-4 2-Propenoic acid, 4-[methyl[(pentadecafluoroheptyl)sulfonyl]amino]butyl ester C7 68227-96-3 2-Propenoic acid, butyl ester, telomer with 2-[[(heptadecafluorooctyl)sulfonyl]methylamino]ethyl 2-propenoate, 2-[methyl[(nonafluorobutyl)sulfonyl]amino]ethyl 2-propenoate, alpha-(2-methyl-1-oxo-2-propenyl)-omega-hydroxypoly(oxy-1,4-butanediyl), alpha-(2-methyl C4-C8 68227-94-1 2-Propenoic acid, 2-[[(heptadecafluorooctyl)sulfonyl]methylamino]ethyl ester, polymer with 2-[methyl[( nonafluorobutyl)sulfonyl]amino]ethyl 2-propenoate, alpha-(2-methyl-1-oxo-2-propenyl)-omega-hydroxypoly(oxy-1,2-ethanediyl), alpha-(2-methyl-1-oxo-2-propenyl)-omega C4-C8 68227-87-2 2-Propenoic acid, 2-methyl-, 2-[ethyl[(heptadecafluorooctyl)sulfonyl]amino]ethyl ester, telomer with 2-[ethyl[( nonafluorobutyl)sulfonyl]amino]ethyl 2-methyl-2-propenoate, 2-[ethyl[(pentadecafluoroheptyl)sulfonyl]amino]ethyl 2-methyl-2-propenoate, 2- C4-C8 68156-07-0 Cyclohexanesulfonic acid, decafluoro(trifluoromethyl)-, potassium salt C7 cyclic 68156-06-9 Cyclohexanesulfonyl fluoride, decafluoro(pentafluoroethyl)- C8 cyclic 68156-00-3 Cyclohexanesulfonyl fluoride, nonafluorobis(trifluoromethyl)- C8 cyclic 68084-62-8 2-Propenoic acid, 2-[methyl[(pentadecafluoroheptyl)sulfonyl]amino]ethyl ester C7 68081-83-4 Carbamic acid, (4-methyl-1,3-phenylene)bis-, bis[2-[ethyl[(perfluoro- C4-8-alkyl)sulfonyl]amino]ethyl] ester C4-C8 67969-65-7 1-Hexanesulfonamide, N-ethyl-1,1,2,2,3,3,4,4,5,5,6,6,6-tridecafluoro-N-[2-(phosphonooxy)ethyl]- C6 67940-02-7 1-Heptanesulfonamide, N-[3-(dimethylamino)propyl]-1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-pentadecafluoro-, monohydrochloride C7 67939-98-4 1-Heptanesulfonamide, N-ethyl-1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-pentadecafluoro-N-[2-(phosphonooxy)ethyl]-, diammonium salt C7 67939-97-3 1-Heptanesulfonamide, N,N'-[phosphinicobis(oxy-2,1-ethanediyl)]bis[N-ethyl-1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-pentadecafluoro-, ammonium salt C7 67939-96-2 2-Propenoic acid, 2-methyl-, 2-[methyl[(pentadecafluoroheptyl)sulfonyl]amino]ethyl ester C7 67939-94-0 1-Heptanesulfonamide, N,N',N''-[phosphinylidynetris(oxy-2,1-ethanediyl)]tris[N-ethyl-1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-pentadecafluoro- C7 67939-93-9 1-Heptanesulfonamide, N,N'-[phosphinicobis(oxy-2,1-ethanediyl)]bis[N-ethyl-1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-pentadecafluoro- C7 67939-92-8 1-Hexanesulfonamide, N,N'-[phosphinicobis(oxy-2,1-ethanediyl)]bis[N-ethyl-1,1,2,2,3,3,4,4,5,5,6,6,6-tridecafluoro- C6 67939-90-6 1-Pentanesulfonamide, N-ethyl-1,1,2,2,3,3,4,4,5,5,5-undecafluoro-N-[2-(phosphonooxy)ethyl]- C5 67939-88-2 1-Octanesulfonamide, N-[3-(dimethylamino)propyl]-1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-, monohydrochloride C8 67939-87-1 1-Pentanesulfonamide, N,N'-[phosphinicobis(oxy-2,1-ethanediyl)]bis[N-ethyl-1,1,2,2,3,3,4,4,5,5,5-undecafluoro- C5 67939-61-1 2-Propenoic acid, 2-methyl-, 4-[methyl[(tridecafluorohexyl)sulfonyl]amino]butyl ester C6 67939-42-8 1-Octanesulfonamide, N-ethyl-1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-N-[3-(trichlorosilyl)propyl]- C8 67939-37-1 2-Propenoic acid, 2-methyl-, 2-[ethyl[(pentadecafluoroheptyl)sulfonyl]amino]ethyl ester, polymer with octadecyl 2-propenoate and 2-propenoic acid C7 67939-36-0 2-Propenoic acid, 2-methyl-, 2-[ethyl[(pentadecafluoroheptyl)sulfonyl]amino]ethyl ester C7 67923-61-9 1-Heptanesulfonamide, N-ethyl-1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-pentadecafluoro-N-[2-(phosphonooxy)ethyl]- C7 67906-74-5 2-Propenoic acid, 2-methyl-, 2-[ethyl[(undecafluoropentyl)sulfonyl]amino]ethyl ester, polymer with octadecyl 2-propenoate and 2-propenoic acid C5 67906-73-4 2-Propenoic acid, 2-methyl-, 2-[ethyl[(undecafluoropentyl)sulfonyl]amino]ethyl ester C5 67906-71-2 2-Propenoic acid, 2-methyl-, 2-[ethyl[(tridecafluorohexyl)sulfonyl]amino]ethyl ester, polymer with octadecyl 2-propenoate and 2-propenoic acid C6 67906-70-1 2-Propenoic acid, 2-methyl-, 2-[ethyl[(tridecafluorohexyl)sulfonyl]amino]ethyl ester C6 67906-41-6 1-Heptanesulfonamide, N-ethyl-1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-pentadecafluoro-N-2-propenyl- C7 67906-40-5 2-Propenoic acid, 2-methyl-, 4-[methyl[(undecafluoropentyl)sulfonyl]amino]butyl ester C5 67906-38-1 2-Propenoic acid, 2-methyl-, 4-[methyl[(pentadecafluoroheptyl)sulfonyl]amino]butyl ester C7 67584-62-7 Glycine, N-ethyl-N-[(pentadecafluoroheptyl)sulfonyl]-, potassium salt C7 67584-61-6 2-Propenoic acid, 2-methyl-, 2-[methyl[(tridecafluorohexyl)sulfonyl]amino]ethyl ester C6 67584-60-5 2-Propenoic acid, 2-methyl-, 2-[methyl[(undecafluoropentyl)sulfonyl]amino]ethyl ester C5 67584-58-1 1-Propanaminium, N,N,N-trimethyl-3-[[(pentadecafluoroheptyl)sulfonyl]amino]-, iodide C7 67584-57-0 2-Propenoic acid, 2-[methyl[(tridecafluorohexyl)sulfonyl]amino]ethyl ester C6 67584-56-9 2-Propenoic acid, 2-[methyl[(undecafluoropentyl)sulfonyl]amino]ethyl ester C5 67584-54-7 1-Heptanesulfonamide, N-[3-(dimethylamino)propyl]-1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-pentadecafluoro- C7 67584-53-6 Glycine, N-ethyl-N-[(tridecafluorohexyl)sulfonyl]-, potassium salt C6 67584-52-5 Glycine, N-ethyl-N-[(undecafluoropentyl)sulfonyl]-, potassium salt C5 67584-50-3 1-Heptanesulfonamide, N-ethyl-1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-pentadecafluoro-N-[3-(trichlorosilyl)propyl]- C7 67584-49-0 1-Heptanesulfonamide, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-pentadecafluoro-N-2-propenyl- C7 67584-48-9 1-Hexanesulfonamide, 1,1,2,2,3,3,4,4,5,5,6,6,6-tridecafluoro-N-2-propenyl- C6 66008-70-6 2-Propenoic acid, 2-[methyl[(2,2,3,3,4,4,5,5,6,6,7,7,7-tridecafluoroheptyl)sulfonyl]amino]ethyl ester C7 66008-69- 3 2-Propenoic acid, 2-[[(2,2,3,3,4,4,5,5,6,6,7,7,8,8,9,9,9-heptadecafluorononyl)sulfonyl]methylamino]ethyl ester C9 66008-68-2 2-Propenoic acid, 2-[[(2,2,3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,11,11,11- eicosafluoroundecyl)sulfonyl]methylamino]ethyl ester C11 61577-14-8 2-Propenoic acid, 2-methyl-, 4-[[(heptadecafluorooctyl)sulfonyl]methylamino]butyl ester C8 60270-55-5 1-Heptanesulfonic acid, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-pentadecafluoro-, potassium salt C7 59071-10-2 2-Propenoic acid, 2-[ethyl[(pentadecafluoroheptyl)sulfonyl]amino]ethyl ester C7 58920-31-3 2-Propenoic acid, 4-[[(heptadecafluorooctyl)sulfonyl]methylamino]butyl ester C8 56773-42-3 Ethanaminium, N,N,N-triethyl-, salt with 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-1-octanesulfonic acid (1:1) C8 56372-23-7 Poly(oxy-1,2-ethanediyl), alpha-[2-[ethyl[(tridecafluorohexyl)sulfonyl]amino]ethyl]-omega-hydroxy- C6 55910-10-6 Glycine, N-[(heptadecafluorooctyl)sulfonyl]-N-propyl-, potassium salt C8 52550-45-5 Poly(oxy-1,2-ethanediyl), alpha-[2-[[(heptadecafluorooctyl)sulfonyl]propylamino]ethyl]-omega-hydroxy- C8 52166-82-2 1-Propanaminium, N,N,N-trimethyl-3-[[(tridecafluorohexyl)sulfonyl]amino]-, chloride C6 52032-20-9 Poly(oxy-1,2-ethanediyl), alpha-[[[(heptadecafluorooctyl)sulfonyl]methylamino]carbonyl]-omega-butoxy- C8 51032-47-4 Benzenesulfonic acid, [[[(heptadecafluorooctyl)sulfonyl]amino]methyl]-, monosodium salt C8 50598-29-3 1-Octanesulfonamide, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-N-(phenylmethyl)- C8 50598-28-2 1-Hexanesulfonamide, N-[3-(dimethylamino)propyl]-1,1,2,2,3,3,4,4,5,5,6,6,6-tridecafluoro- C6 38850-60-1 1-Propanesulfonic acid, 3-[[3-(dimethylamino)propyl][(tridecafluorohexyl)sulfonyl]amino]- C6 38850-52-1 1-Propanaminium, 3-[(carboxymethyl)[(tridecafluorohexyl)sulfonyl]amino]-N,N,N-trimethyl-, inner salt C6 37338-48-0 Poly[oxy(methyl-1,2-ethanediyl)], alpha-[2-[ethyl[(heptadecafluorooctyl)sulfonyl]amino]ethyl]-omega-hydroxy- C8 34455-03-3 1-Hexanesulfonamide, N-ethyl-1,1,2,2,3,3,4,4,5,5,6,6,6-tridecafluoro-N-(2-hydroxyethyl)- C6 24924-36-5 1-Octanesulfonamide, N-ethyl-1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-N-2-propenyl- C8 21055-88-9 Carbamic acid, (4-methyl-1,3-phenylene)bis-, bis[2-[ethyl[(heptadecafluorooctyl) sulfonyl]amino]ethyl] ester C8 13417-01-1 1-Octanesulfonamide, N-[3-(dimethylamino)propyl]-1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro- C8 3872-25-1 1-Pentanesulfonic acid, 1,1,2,2,3,3,4,4,5,5,5-undecafluoro-, potassium salt C5 3871-99-6 1-Hexanesulfonic acid, 1,1,2,2,3,3,4,4,5,5,6,6,6-tridecafluoro-, potassium salt C6 3871-50-9 Glycine, N-ethyl-N-[(heptadecafluorooctyl)sulfonyl]-, sodium salt C8 3820-83-5 1-Octanesulfonamide, N-ethyl-1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-N-[2-(phosphonooxy)ethyl]- C8 3107-18-4 Cyclohexanesulfonic acid, undecafluoro-, potassium salt C6 cyclic 2991-52-8 Glycine, N-ethyl-N-[(heptadecafluorooctyl)sulfonyl]-, ammonium salt C8 2991-50-6 Glycine, N-ethyl-N-[(heptadecafluorooctyl)sulfonyl]- C8 2965-52-8 1-Octanesulfonamide, N,N'-[phosphinicobis(oxy-2,1-ethanediyl)]bis[N-ethyl-1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro- C8 2706-91-4 1-Pentanesulfonic acid, 1,1,2,2,3,3,4,4,5,5,5-undecafluoro- C5 2263-09-4 1-Octanesulfonamide, N-butyl-1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-N-(2-hydroxyethyl)- C8 1893-52-3 2-Propenoic acid, 2-[ethyl[(tridecafluorohexyl)sulfonyl]amino]ethyl ester C6 1869-77-8 Glycine, N-ethyl-N-[(heptadecafluorooctyl)sulfonyl]-, ethyl ester C8 423-86-9 1-Octanesulfonamide, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-N-2-propenyl C8 375-92-8 1-Heptanesulfonic acid, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-pentadecafluoro- C7 375-81-5 1-Pentanesulfonyl fluoride, 1,1,2,2,3,3,4,4,5,5,5-undecafluoro- C5 355-46-4 1-Hexanesulfonic acid, 1,1,2,2,3,3,4,4,5,5,6,6,6-tridecafluoro- C6 355-03-3 Cyclohexanesulfonyl fluoride, undecafluoro- C6 cyclic 335-97-7 1-Pentanesulfonamide, 1,1,2,2,3,3,4,4,5,5,5-undecafluoro-N-2-propenyl- C5 335-77-3 1-Decanesulfonic acid, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,10-heneicosafluoro- C10 335-71-7 1-Heptanesulfonyl fluoride, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-pentadecafluoro- C7 335-24-0 Cyclohexanesulfonic acid, 1,2,2,3,3,4,5,5,6,6-decafluoro-4- (pentafluoroethyl)-, potassium salt C8 cyclic Note: The extremely long 9CI names for the identified polymers have been truncated to save space in the Code of Federal Regulations (CFR). Each complete 9CI name is available at the EPA website in the TSCA Substance Registry System
(SRS)at *http://www.epa.gov/srs* .
(2)The significant new uses are:
(i)Any manufacture or import for any use of any chemical substance listed in Table 1 of paragraph (a)(1) of this section.
(ii)Any manufacture or import for any use of any chemical substance listed in Table 2 of paragraph (a)(1) of this section, except as noted in paragraph (a)(3) of this section.
(iii)Any manufacture or import for any use of any chemical substance listed in Table 3 of paragraph (a)(1) of this section, except as noted in paragraph (a)(3) of this section.
(3)Manufacture or import of any chemical substance listed in Table 2 and Table 3 of paragraph (a)(1) of this section for the following specific uses shall not be considered as a significant new use subject to reporting under this section:
(i)Use as an anti-erosion additive in fire-resistant phosphate ester aviation hydraulic fluids.
(ii)Use as a component of a photoresist substance, including a photo acid generator or surfactant, or as a component of an anti-reflective coating, used in a photomicrolithography process to produce semiconductors or similar components of electronic or other miniaturized devices.
(iii)Use in coating for surface tension, static discharge, and adhesion control for analog and digital imaging films, papers, and printing plates, or as a surfactant in mixtures used to process imaging films.
(iv)Use as an intermediate only to produce other chemical substances to be used solely for the uses listed in paragraph (a)(3)(i), (ii), or
(iii)of this section. [FR Doc. E6-3444 Filed 3-9-06; 8:45 am] BILLING CODE 6560-50-S DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 [Docket No. FEMA-D-7640] Proposed Flood Elevation Determinations AGENCY: Federal Emergency Management Agency (FEMA), Department of Homeland Security. ACTION: Proposed rule. SUMMARY: Technical information or comments are requested on the proposed Base (1% annual chance) Flood Elevations
(BFEs)and proposed BFE modifications for the communities listed below. The BFEs are the basis for the floodplain management measures that the community is required either to adopt or to show evidence of being already in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP). DATES: The comment period is ninety
(90)days following the second publication of this proposed rule in a newspaper of local circulation in each community. ADDRESSES: The proposed BFEs for each community are available for inspection at the office of the Chief Executive Officer of each community. The respective addresses are listed in the table below. FOR FURTHER INFORMATION CONTACT: Doug Bellomo, P.E., Hazard Identification Section, FEMA, 500 C Street, SW., Washington, DC 20472,
(202)646-2903. SUPPLEMENTARY INFORMATION: FEMA proposes to make determinations of BFEs and modified BFEs for each community listed below, in accordance with section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR 67.4(a). These proposed base flood elevations and modified BFEs, together with the floodplain management criteria required by 44 CFR 60.3, are the minimum that are required. They should not be construed to mean that the community must change any existing ordinances that are more stringent in their floodplain management requirements. The community may at any time enact stricter requirements of its own, or pursuant to policies established by other Federal, state or regional entities. These proposed elevations are used to meet the floodplain management requirements of the NFIP and are also used to calculate the appropriate flood insurance premium rates for new buildings built after these elevations are made final, and for the contents in these buildings. National Environmental Policy Act This proposed rule is categorically excluded from the requirements of 44 CFR part 10, Environmental Consideration. No environmental impact assessment has been prepared. Regulatory Flexibility Act The Mitigation Division Director certifies that this proposed rule is exempt from the requirements of the Regulatory Flexibility Act because proposed or modified BFEs are required by the Flood Disaster Protection Act of 1973, 42 U.S.C. 4105, and are required to establish and maintain community eligibility in the NFIP. As a result, a regulatory flexibility analysis has not been prepared. Regulatory Classification This proposed rule is not a significant regulatory action under the criteria of Section 3(f) of Executive Order 12866 of September 30, 1993, Regulatory Planning and Review, 58 FR 51735. Executive Order 13132, Federalism This rule involves no policies that have federalism implications under Executive Order 13132. Executive Order 12988, Civil Justice Reform This rule meets the applicable standards of Executive Order 12988. List of Subjects in 44 CFR Part 67 Administrative practice and procedure, flood insurance, reporting and recordkeeping requirements. Accordingly, 44 CFR part 67 is proposed to be amended as follows: PART 67—[AMENDED] 1. The authority citation for part 67 continues to read as follows: Authority: 42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of 1978, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 1979 Comp., p. 376. § 67.4 [Amended] 2. The tables published under the authority of § 67.4 are proposed to be amended as follows: Source of flooding Location #Depth in feet above ground. *Elevation in feet
(NGVD)•Elevation in feet
(NAVD)Existing Modified Communities affected NORTH CAROLINA Harnett County Anderson Creek At the confluence with Lower Little River None •103 Unincorported Areas of Harnett County. At the confluence with North Prong Anderson Creek and South Prong Anderson Creek None •137 Tributary 1 At the confluence with Anderson Creek None •129 Unincorporated Areas of Harnett County. Approximately 0.7 mile upstream of Elliott Bridge Road None •136 Avents Creek Approximately 0.7 mile upstream of the confluence with Cape Fear River •142 •141 Unincorporated Areas of Harnett County. Approximately 0.8 mile upstream of Oakridge River Road None •235 Barbeque Creek At the confluence with Upper Little River None •193 Unincorporated Areas of Harnett County. Approximately 520 feet upstream of NC State Route 27 None •280 Beaver Creek At the Moore/Lee/Harnett County boundary None •309 Unincorporated Areas of Harnett County. Approximately 1.3 miles upstream of the Harnett/Moore County boundary None •409 Big Branch (into Barbeque Creek) At the confluence with Barbeque Creek None •214 Unincorporated Areas of Harnett County. Approximately 0.5 mile upstream of McCormick Road None •252 Big Branch (into Black River) At the confluence with Black River None •206 Unincorporated Areas of Harnett County. Approximately 0.8 mile upstream of Johnson Road None •219 Black River At the Harnett/Cumberland County boundary None •139 Unincorporated Areas of Harnett County, City of Dunn, Town of Angier. Approximately 2.1 miles upstream of Guy Road None •260 Buffalo Creek At the Harnett/Moore County boundary None •218 Unincorporated Areas of Harnett County. At the confluence with Duncan Creek None •251 Tributary 2 At the confluence with Buffalo Creek None •220 Unincorporated Areas of Harnett County. Approximately 2.6 miles upstream of Hillmon Grove Road None •276 Tributary 3 At the confluence with Buffalo Creek None •239 Unincorporated Areas of Harnett County. Approximately 1.4 miles upstream of the confluence with Buffalo Creek None •292 Buffalo Meadows Creek At the confluence with Anderson Creek None •120 Unincorporated Areas of Harnett County. Approximately 1.3 miles upstream of the confluence with Anderson Creek None •140 Buies Creek At the upstream side of Sheriff Johnson Road None •176 Unincorporated Areas of Harnett County. Approximately 0.8 mile upstream of Sheriff Johnson Road None •184 Camels Creek Approximately 1.1 miles upstream of the confluence with Cape Fear River •142 •143 Unincorporated Areas of Harnett County. Approximately 0.9 mile upstream of Cool Springs Road None •245 Cedar Creek Approximately 0.8 mile upstream of the confluence with Cape Fear River None •198 Approximately 2.9 miles upstream of the confluence with Cape Fear River None •198 Cypress Creek (into Crane Creek) At the Moore/Harnett County boundary None •228 Unincorporated Areas of Harnett County. Approximately 1.8 miles upstream of Cypress Road None •265 Cypress Creek (into Gum Swamp) At the confluence with Gum Swamp None •239 Unincorporated Areas of Harnett County. Approximately 1.5 miles upstream of the confluence with Lower Run None •307 Daniels Creek Approximately 0.9 mile upstream of the confluence with Cape Fear River None •148 Unincorporated Areas of Harnett County. Approximately 5.8 miles upstream of the confluence with Cape Fear River None •244 Dry Creek At the confluence with Gum Swamp None •232 Unincorporated Areas of Harnett County. Approximately 1.1 miles upstream of the confluence with Gum Swamp None •249 Duncans Creek At the confluence with Buffalo Creek None •251 Unincorporated Areas of Harnett County. At the confluence with Duncans Creek Tributary 1 None •265 Tributary 1 At the confluence with Duncans Creek None •265 Unincorporated Areas of Harnett County. Approximately 0.4 mile upstream of the confluence with Duncans Creek None •274 East Buies Creek Approximately 100 feet upstream Sheriff Johnson Road None •196 Unincorporated Areas of Harnett County. Approximately 1.2 miles upstream of Sheriff Johnson Road None •205 Gum Swamp At the confluence with Barbeque Creek None •222 Unincorporated Areas of Harnett County. Approximately 0.8 mile upstream of Ponderosa Road None •281 Hector Creek (into Cape Fear River) At the downstream side of Christian Light •135 •136 Unincorporated Areas of Harnett County. Approximately 1,200 feet downstream of Rawls Church Road None •240 Hector Creek (into Little River) At the Harnett/Cumberland/Moore County boundary None •193 Unincorporated Areas of Harnett County. Approximately 1.6 miles upstream of the Harnett/Cumberland/Moore County boundary None •226 Jumping Run Creek Approximately 1.8 miles downstream of the Harnett/Cumberland County boundary None •141 Unincorporated Areas of Harnett County. At the Reedy Swamp/McLeod Creek confluences None •194 Jumping Run Creek Tributary 1 At the confluence with Jumping Run Creek None •177 Unincorporated Areas of Harnett County. Approximately 0.2 mile upstream of the confluence with Jumping Run Creek Tributary 2 None •199 Tributary 2 At the confluence with Jumping Run Creek Tributary 1 None •193 Unincorporated Areas of Harnett County. Approximately 400 feet upstream of the confluence with Jumping Run Creek Tributary 1 None •195 Juniper Creek (into Black River Tributary 1) At the confluence with Juniper Creek (into Black River) None •191 Unincorporated Areas of Harnett County, City of Dunn. Approximately 0.5 mile upstream of the confluence with Juniper Creek (into Black River) None •197 Juniper Creek (into Black River) Approximately 600 feet upstream of the confluence with Black River None •159 Unincorporated Areas of Harnett County, City of Dunn. Approximately 340 feet upstream of Friendly Road None •213 Kates Creek At the confluence with North Prong Anderson Creek None •155 Unincorporated Areas of Harnett County. Approximately 0.4 mile upstream of Elliott Bridge Road None •172 Kenneth Creek At the confluence with Neals Creek None •202 Unincorporated Areas of Harnett County. At the Wake/Harnett County boundary None •256 Lower-Little River Approximately 1.1 miles upstream of Mill Road None •103 Unincorporated Areas of Harnett County. Approximately 750 feet downstream of McCormick Bridge Road (At the Harnett/Cumberland County boundary) None •135 Lower Run At the confluence with Cypress Creek (into Gum Swamp None •272 Unincorporated Areas of Harnett County. Approximately 0.9 mile upstream of the confluence with Cypress Creek (into Gum Swamp) None •338 McDougald Branch At the confluence with Cypress Creek (into Crane Creek) None •234 Unincorporated Areas of Harnett County. At the confluence with McDougald Branch Tributary 1 None •249 Tributary 1 At the confluence with McDougald Branch None •249 Unincorporated Areas of Harnett County. Approximately 0.5 mile upstream of the confluence with McDougald Branch None •274 McLeans Creek At the confluence with Upper Little River None •136 Unincorporated Areas of Harnett County. Approximately 800 feet downstream of Thompson Road None •154 McLeod Creek At the confluence with Jumping Run Creek and Reedy Swamp None •194 Unincorporated Areas of Harnett County. Approximately 2.8 miles upstream of the confluence with Jumping Run Creek and Reedy Swamp None •247 Mill Creek At the confluence with Avents Creek None •152 Unincorporated Areas of Harnett County. Approximately 0.8 mile upstream of the confluence with Avents Creek None •183 Mingo Swamp At the Cumberland/Sampson/Harnett County boundary None •134 Unincorporated Areas of Harnett County. Approximately 0.7 mile upstream of Red Hill Church Road None •255 Mingo Swamp At the confluence with Mingo Swamp None •179 Unincorporated Areas of Harnett County. Approximately 500 feet upstream of I-95 None •234 Mire Branch At the confluence with Barbeque Creek None •249 Unincorporated Areas of Harnett County. Approximately 0.7 mile upstream of NC State Route 87 None •279 Muddy Creek At the Cumberland/Harnett County boundary None •175 Unincorporated Areas of Harnett County. Approximately 2.3 miles upstream of the confluence with Muddy Creek Tributary 3 None •244 Tributary 1 At the confluence with Muddy Creek None •186 Unincorporated Areas of Harnett County. Approximately 1.2 miles upstream of the confluence with Muddy Creek None •222 Tributary 2 At the confluence with Muddy Creek None •199 Unincorporated Areas of Harnett County. Approximately 1.4 miles upstream of the confluence with Muddy Creek None •222 Tributary 3 At the confluence with Muddy Creek None •207 Unincorporated Areas of Harnett County. Approximately 1.0 mile upstream of the confluence with Muddy Creek None •250 Neals Creek At the downstream side of Route 401 •131 •130 Unincorporated Areas of Harnett County. At the Wake/Harnett County boundary None •264 Tributary 1 At the confluence with Neals Creek None •221 Unincorporated Areas of Harnett County. Approximately 0.4 mile upstream of Chalybeate Springs Road None •242 North Prong Anderson Creek At the confluence with Anderson Creek and South Prong Anderson Creek None •137 Unincorporated Areas of Harnett County. Approximately 0.9 mile upstream of Powell Farm Road None •225 Tributary 1 At the confluence with North Prong Anderson Creek None •152 Unincorporated Areas of Harnett County. Approximately 0.6 mile upstream of the confluence with North Prong Anderson Creek None •158 Parker Creek Approximately 0.3 miles upstream of the confluence with Cape Fear River None •151 Unincorporated Areas of Hartnett County. Approximately 3.9 miles upstream of the confluence with Cape Fear River None •237 Reedy Branch At the confluence with Cypress Creek (into Crane Creek) None •237 Unincorporated Areas of Harnett County. Approximately 1.8 miles upstream of Cypress Road None •282 Reedy Swamp At the confluence with Jumping Run Creek and McLeod Creek None •194 Unincorporated Areas of Harnett County. Approximately 300 feet downstream of Buffalo Lake Road None •302 South Prong Anderson Creek At the confluence with Anderson Creek None •137 Unincorporated Areas of Harnett County. Approximately 0.7 mile upstream of Bernard Street None •187 Tributary 1 At the confluence with South Prong Anderson Creek None •156 Unincorporated Areas of Harnett County. Approximately 1.0 mile upstream of the confluence with South Prong Anderson Creek None •168 Stewarts Creek Approximately 100 feet upstream of Ashe Avenue None •163 Unincorporated Areas of Harnett County. Approximately 1.4 miles upstream of Ashe Avenue None •183 Tributary 1 At the confluence with Stewarts Creek None •166 Unincorporated Areas of Harnett County. Approximately 0.4 mile upstream of Daniels Road None •184 Stony Run Tributary #1 Approximately 500 feet upstream of the confluence with Stony Run None •190 Unincorporated Areas of Harnett County. Approximately 0.9 mile upstream of the confluence with Stony Run None •198 Tributary 1 At the confluence with Little River None •134 Unincorporated Areas of Harnett County. Approximately 0.3 mile upstream of Rambeaut Road None •170 Tributary 2 Approximately 800 feet downstream of Rambeaut Road None •175 Unincorporated Areas of Harnett County. Approximately 100 feet downstream of Rambeaut Road None •181 Upper Little River Approximately 300 feet upstream of the confluence with Cape Fear River None •190 Unincorporated Areas of Harnett County. At the Lee/Harnett County boundary None •240 Walkers Creek At the confluence with Upper Little River None •157 Unincorporated Areas of Harnett County. Approximately 340 feet upstream of Tim Currin Road None •201 West Buies Creek Approximately 1,000 feet upstream of East Cornelius Harnett Boulevard None •155 Unincorporated Areas of Harnett County. Approximately 1.6 miles upstream of Sheriff Johnson Road None •216 City of Dunn Maps are available for inspection at the Dunn Town Hall, 401 East Broad Street, Dunn, North Carolina. Send comments to The Honorable John Snipes, Mayor of the City of Dunn, P.O. Box 1065, Dunn, North Carolina 28335. Town of Angier Maps are available for inspection at the Angier Town Hall, 55 North Broad West, Angier, North Carolina. Send comments to The Honorable Wanda Gregory, Mayor of the Town of Angier, P.O. Box 278, Angier, North Carolina 27501-0278. Unincorporated Areas of Harnett County Maps are available for inspection at the Harnett County Planning Department, 102 East Front Street, Lillington, North Carolina. Send comments to Mr. Neil Emory, Harnett County Manager, P.O. Box 759, Lillington, North Carolina 27546. Orange County Cates Creek Approximately 1,800 feet upstream of the confluence with Eno River •500 •499 Town of Hillsborough, Orange County (Unincorporated Areas). Approximately 0.8 mile upstream of U.S. Highway 40 None •660 Tributary At the confluence with Cates Creek •596 •595 Town of Hillsborough, Orange County (Unincorporated Areas). Approximately 0.5 mile upstream of Oak Ridge Drive None •664 Crabtree Creek At the confluence with Sevenmile Creek None •539 Orange County (Unincorporated Areas). Approximately 1.8 miles upstream of the confluence with Sevenmile Creek None •602 Dry Creek Approximately 250 feet upstream of the confluence with Eno River None •552 Orange County (Unincorporated Areas). Approximately 0.9 mile upstream of the confluence with Eno River None •589 East Fork Eno River Approximately 215 feet upstream of NC 1352 None •628 Orange County (Unincorporated Areas). Approximately 100 feet downstream of NC 86 None •668 Tributary 1 Approximately 0.3 mile upstream of the confluence with East Fork Eno River None •595 Orange County (Unincorporated Areas). Approximately 1.1 miles upstream of the confluence with East Fork Eno River None •627 Tributary 2 Approximately 0.5 mile upstream of the confluence with East Fork Eno River None •618 Orange County (Unincorporated Areas). Approximately 0.5 mile upstream of NC 1352 None •655 Forrest Creek Approximately 200 feet upstream of NC 57 None •595 Orange County (Unincorporated Areas). Approximately 125 feet upstream of Phelps Road None •644 High Rock Creek Approximately 500 feet upstream of the confluence with Eno River None •561 Orange County (Unincorporated Areas). Approximately 1,500 feet upstream of North Efland Cedar Grove Road None •640 Lick Creek Approximately 750 feet downstream of Gray Road None •545 Orange County (Unincorporated Areas). Approximately 1,600 feet upstream of Holly Ridge Road None •576 McGowan Creek At North Lloyds Dairy Road •569 •567 Orange County (Unincorporated Areas). Approximately 300 feet upstream of Frazier Road None •690 Little River North Fork Approximately 280 feet upstream of NC 57 None •580 Orange County (Unincorporated Areas). Approximately 1,350 feet upstream of Hester Road None •671 Tributary 2 At the confluence with Little River North Fork None •591 Orange County (Unincorporated Areas). Approximately 1.1 miles upstream of Gates Road None •607 Tributary 3 At the confluence with Little River North Fork None •544 Orange County (Unincorporated Areas). Approximately 0.7 mile upstream of Sneed Road None •564 Rays Creek At the confluence with Little River South Fork None •593 Orange County (Unincorporated Areas). Approximately 1.1 miles upstream of Wilkerson Road None •632 Rays Creek Tributary At the confluence with Rays Creek None •607 Orange County (Unincorporated Areas). Approximately 1.0 mile upstream of Wilkerson Road None •628 Rhodes Creek Approximately 650 feet upstream of Cornwallis Road None •448 Orange County (Unincorporated Areas). Approximately 1.2 miles upstream of Cornwallis Road None •507 Sevenmile Creek Approximately 350 feet upstream of Interstate 85 None •533 Orange County (Unincorporated Areas). Approximately 0.9 mile upstream of Pender Drive None •622 Tributary 1 At the confluence with Sevenmile Creek None •539 Orange County (Unincorporated Areas). Approximately 1.5 miles upstream of the confluence with Sevenmile Creek None •598 Tributary 2 At the confluence with Sevenmile Creek None •591 Orange County (Unincorporated Areas). Approximately 1,350 feet upstream of Bushy Cook Road None •642 Little River South Fork Approximately 200 feet upstream of NC 57 None •552 Orange County (Unincorporated Areas). Approximately 60 feet upstream of Hawkins Road None •637 Strouds Creek Approximately 600 feet upstream of the confluence with Eno River •486 •485 Orange County (Unincorporated Areas). Approximately 2,000 feet upstream of NC 86 None •660 Tributary 1 Approximately 1,760 feet downstream of NC 57 None •590 Orange County (Unincorporated Areas). Approximately 1,080 feet upstream of Phelps Road None •661 Tributary 2 At the confluence with Strouds Creek •520 •519 Orange County (Unincorporated Areas). Approximately 0.7 mile upstream of Miller Road None •575 Tributary 3 At the confluence with Strouds Creek None •551 Town of Hillsborough, Orange County (Unincorporated Areas). Approximately 0.5 mile upstream of NC 57 None •639 Tributary 1 to Sevenmile Creek At the confluence with Sevenmile Creek Tributary 2 None •627 Orange County (Unincorporated Areas). Tributary 2 Approximately 950 feet upstream of Bushy Cook Road None •631 West Fork Eno River Approximately 200 feet upstream of Efland Cedar Grove Road None •592 Orange County (Unincorporated Areas). Approximately 350 feet upstream of McDade Store Road None •672 Tributary 1 Approximately 600 feet upstream of the confluence with Eno River None •579 Orange County (Unincorporated Areas). Approximately 0.5 mile upstream of Harmony Church Road None •650 Tributary 2 At the confluence with West Fork Eno River None •595 Orange County (Unincorporated Areas). Approximately 1,500 feet upstream of Governor Scott Road None •623 Tributary 3 At the confluence with West Fork Eno River None •643 Orange County (Unincorporated Areas). Approximately 1.7 miles upstream of the confluence with West Fork Eno River None •681 Town of Hillsborough Maps available for inspection at the Hillsborough Town Hall, 101 East Orange Street, Hillsborough, North Carolina. Send comments to The Honorable Joe Phelps, Mayor of the Town of Hillsborough, P.O. Box 429, Hillsborough, North Carolina 27278. Orange County (Unincorporated Areas) Maps available for inspection at the Orange County Planning and Inspections Department, 306F Revere Road, Hillsborough, North Carolina. Send comments to Mr. John M. Link, Jr., Orange County Manager, P.O. Box 8181, Hillsborough, North Carolina 27278. Washington County Conaby Creek Approximately 1.4 miles upstream of Roosevelt Avenue None •24 Unincorporated Areas of Washington County. Approximately 1.6 miles upstream of Roosevelt Avenue None •28 Conaby Creek Tributary At the upstream side of Route 32 None •25 Unincorporated Areas of Washington County. Approximately 0.7 mile upstream of Askew Lane None •31 Tributary 1 Approximately 400 feet downstream of Shelly Drive None •10 Unincorporated Areas of Washington County, Town of Plymouth. Approximately 0.8 mile upstream of Roxie Reese Road None •18 Tributary 1A Approximately 850 feet upstream of the confluence with Conaby Creek Tributary 1 None •10 Unincorporated Areas of Washington County, Town of Plymouth. Approximately 1.4 miles upstream of the confluence with Conaby Creek Tributary 1 None •11 Tributary to Conaby Creek Tributary Just upstream of Garrett Island Road None •14 Unincorporated Areas of Washington County, Town of Plymouth. Approximately 0.5 mile upstream of Garrett Island Road None •14 Welch Creek Approximately 4.7 miles upstream of the confluence with Roanoke River None •8 Unincorporated Areas of Washington County. Approximately 2.3 miles upstream of the confluence with Welch Creek Tributary 2 None •13 Welch Creek Tributary At the upstream of Long Ridge Road None •20 Unincorporated Areas of Washington County. Approximately 0.4 mile upstream of Long Ridge Road None •22 Tributary 2 At the confluence with Welch Creek None •8 Unincorporated Areas of Washington County. Approximately 0.8 mile upstream of the confluence with Welch Creek None •34 Town of Plymouth Maps are available for inspection at the Plymouth Town Hall, 205 East Main Street, Plymouth, North Carolina. Send comments to Mr. James Tripp, Plymouth Town Manager, P.O. Box 806, Plymouth, North Carolina 27962. Unincorporated Areas of Washington County Maps are available for inspection at the Washington County Permits, Inspections and Emergency Management, 120 Adams Street, Plymouth, North Carolina. Send comments to Mr. David Peoples, Washington County Manager, P.O. Box 1007, Plymouth, North Carolina 27962. (Catalog of Federal Domestic Assistance No. 83.100, “Flood Insurance.”) David I. Maurstad, Acting Director, Mitigation Division, Federal Emergency Management Agency. [FR Doc. E6-3426 Filed 3-9-06; 8:45 am] BILLING CODE 9110-12-P DEPARTMENT OF TRANSPORTATION Office of the Secretary 49 CFR Part 40 [Docket OST-2006-24112] RIN 2105-AD57 Procedures for Transportation Workplace Drug and Alcohol Testing Programs: Revision of Substance Abuse Professional Credential Requirement AGENCY: Office of the Secretary, DOT. ACTION: Notice of proposed rulemaking SUMMARY: The Department of Transportation is proposing to add state licensed and certified marriage and family therapists to the list of credentialed professions eligible to serve as substance abuse professionals under subpart O of 49 CFR part 40. DATES: Comments to the NPRM should be submitted by April 10, 2006. Late-filed comments will be considered to the extent practicable. ADDRESSES: You may submit comments identified by the docket number [OST-2006-24112] by any of the following methods: • Web site: *http://www.dms.dot.gov* Follow the instructions for submitting comments on the DOT electronic docket site. • Federal eRulemaking Portal: *http://www.regulations.gov* Follow the instructions for submitting comments. • Fax: 1-202-493-2251. • Mail: Docket Management System; U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, Washington, DC 20590-001. • Hand Delivery: To the Docket Management System; Room PL-401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC between 9 a.m. and 5 p.m., Monday through Friday, except Federal Holidays. *Instructions:* You must include the agency name and docket number [OST-2006-24112] or the Regulatory Identification Number
(RIN)for this notice at the beginning of your comment. Note that all comments received will be posted without change to *http://www.dms.dot.gov* including any personal information provided. Please see the Privacy Act section of this document. *Docket:* You may view the public docket through the Internet at *http://www.dms.dot.gov* or in person at the Docket Management System office at the above address. FOR FURTHER INFORMATION CONTACT: Bohdan Baczara, Office of Drug and Alcohol Policy and Compliance, 400 Seventh Street, SW., Washington, DC 20590; 202-366-3784 (voice), 202-366-3897 (fax), or *bohdan.baczara@dot.gov* (e-mail). SUPPLEMENTARY INFORMATION: Background The Omnibus Transportation Employee Testing Act of 1991 required that an opportunity for treatment be made available to covered employees. To implement this requirement in its alcohol and drug testing rules issued in February 1994, the Department of Transportation
(DOT)established the role of the ”substance abuse professional” (SAP). The Department's regulation—49 CFR part 40—requires an employer to provide a covered employee, who engages in conduct prohibited by DOT agency drug and alcohol regulations, a listing of qualified SAPs. In addition, the regulation requires the employee to be evaluated by a SAP and to demonstrate successful compliance with the SAP's evaluation recommendations for education and/or treatment prior to being considered for returning to any DOT safety-sensitive position. The Department considers the SAP to be the “Gatekeeper” for the return-to-duty process. The SAP represents the major decision point an employer may have in choosing whether or not to place an employee back to safety-sensitive duties following a DOT regulation violation. The SAP is responsible for several duties important to the evaluation, referral, and treatment of employees who have engaged in prohibited drug and alcohol related conduct. The job a SAP accomplishes provides vital help to the employee, the employer, and to the traveling public. In order to be permitted to act as a SAP in the DOT drug and alcohol testing program, in addition to meeting basic knowledge, training and examination, and continuing education requirements, a person must have one of the following credentials:
(1)Licensed physician;
(2)Licensed or certified social worker;
(3)Licensed or certified psychologist;
(4)Licensed or certified employee assistance professional; or
(5)Drug and alcohol counselor certified by the National Association of Drug Abuse Counselors Certification Commission (NAADAC); or by the International Certification Reciprocity Consortium/Alcohol and Other Drug Abuse (ICRC); or by the National Board for Certified Counselors, Inc. and Affiliates/Master Addiction Counselor (NBCC). Recently, President Bush signed the Safe, Accountable, Flexible, and Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) [August 10, 2005, PL 109-59]. That law required, among many things, that the Secretary conduct a rulemaking that would make state certified or licensed marriage and family therapists
(MFTs)eligible to become SAPS. Because of the law and our on-going discussions with the American Association of Marriage and Family Therapists (AAMFT), the Department is proposing to add state certified or licensed MFTs to those professions already eligible to be SAPs in the Department's drug and alcohol testing program. Over the years, the Department has had numerous contacts with AAMFT but had not considered MFTs to be an acceptable professional credential for SAPs because MFTs were not licensed or certified to practice in all fifty states. Because of the MFT education requirements, the significant strides MFTs have made in obtaining state licensure and certification recognition, and because of the SAFETEA-LU legislation, the Department would include MFTs as being eligible to become SAPs in the Department's regulated transportation drug and alcohol testing programs. Because of the SAFETEA-LU legislation, the Department is proposing not wait until MFTs are licensed or certified to practice in all 50 states the way we have for all other professions ( *i.e.* , physicians, social workers, and psychologists). According to AAMFT, currently all states except Montana and West Virginia provide licensure or certification for MFTs. Therefore, MFTs in states that provide them licensure or certification would become eligible. As soon as Montana and West Virginia license or certify them, MFTs in those states would become eligible, too. Regulatory Analyses and Notices The statutory authority for this rule derives from the Omnibus Transportation Employee Testing Act of 1991 (49 U.S.C. 102, 301, 322, 5331, 20140, 31306, and 45101 *et seq.* ) and the Department of Transportation Act (49 U.S.C. 322). This proposed rule is not significant for purposes of Executive Order 12866 or the DOT's regulatory policies and procedures. It makes minor modifications to our procedures to increase the number of qualified SAPs available to employees and employers. Except for providing some additional potential sources of income to some MFTs, it should not have an economic impact, let alone a significant one, on anyone. Consequently, the Department certifies, under the Regulatory Flexibility Act, that this proposed rule will not, if adopted, not have a significant economic impact on a substantial number of small entities. Because of the work that the Department has done concerning marriage and family therapists, and the evident intent of Congress that they be included in the drug and alcohol testing program, we believe that a 30-day comment period will be sufficient for this NPRM. List of Subjects in 49 CFR Part 40 Administrative practice and procedures, Alcohol abuse, Alcohol testing, Drug abuse, Drug testing, Laboratories, Reporting and recordkeeping requirements, Safety, Transportation. 49 CFR Subtitle A Authority and Issuance. Dated: March 2, 2006. Norman Y. Mineta, Secretary of Transportation. For reasons discussed in the preamble, the Department of Transportation proposes to amend part 40 of Title 49, Code of Federal Regulations, as follows: PART 40—PROCEDURES FOR TRANSPORTATION WORKPLACE DRUG AND ALCOHOL TESTING PROGRAMS 1. The authority citation for 49 CFR part 40 is revised to read as follows: Authority: 49 U.S.C. 102, 301, 322, 5331, 20140, 31306, and 45101 *et seq.* ; 49 U.S.C. 322. 2. Section 40.281 is proposed to be amended by re-designating paragraph
(5)as
(a)(6), by removing the word “or” at the end of
(4)and by adding a new
(5)to read as follows: § 40.281 Who is qualified to act as a SAP?
(a)* * *
(5)You are a state licensed or certified marriage and family therapist; or 3. Section 40.283(a) is revised to read as follows: § 40.283 How does a certification organization obtain recognition for its members as SAPs?
(a)If you represent a certification organization that wants DOT to authorize its certified drug and alcohol counselors to be added to § 40.281(a)(6), you may submit a written petition to DOT requesting a review of your petition for inclusion. [FR Doc. E6-3334 Filed 3-9-06; 8:45 am] BILLING CODE 4910-62-P 71 47 Friday, March 10, 2006 Notices DEPARTMENT OF AGRICULTURE Commodity Credit Corporation Request for Extension and Revision of a Currently Approved Information Collection; Farm Reconstitutions AGENCY: Farm Service Agency, USDA. ACTION: Notice and request for comments. SUMMARY: This notice announces the intention of the Farm Service Agency
(FSA)to request an extension and revision for an information collection currently approved and used in of farm reconstitutions. DATES: Comments on this notice must be submitted on or before May 9, 2006 to be assured consideration. *Additional Information or Comments:* All comments concerning this notice should be addressed to Jack Stanley, Agricultural Program Specialist, USDA/FSA/PECD, 1400 Independence Ave. SW., STOP 0517, Washington, DC 20250-0517,
(202)690-4091, FAX
(202)720-0051. SUPPLEMENTARY INFORMATION: *Title:* Farm Reconstitutions. *OMB Number:* 0560-0025. *Expiration Date:* October 31, 2006. *Type of Request:* Request for Approval of an Extension and Revision of a Currently Approved Information Collection. *Abstract:* The information collected under Office of Management and Budget
(OMB)Number 0560-0025, as identified above, is needed to enable the FSA to effectively administer the programs relating to reconstitution of farms, and base acres governed by 7 CFR part 718. Form FSA-155 is used as a request for farm reconstitution initiated by the producer who wishes to combine a farm with another farm or divide a farm into multiple farming operations. The reconstitution process is a required procedure when a producer wishes to increase acreage attributed to the farm from leases or change farm acreage records as a result of a sale of any part of a farm. CCC must act on all proposed farm reconstitutions and issue their approval or disapproval on the FSA-155. It is necessary to collect the information recorded on the FSA-155 to determine farmland, and cropland resulting from combination or division of the farming operation. *Estimated Number of Respondents:* 7,154. *Estimated Number of Forms Filed per person:* 1. *Estimates Average Time to Respond:* 45 minutes. *Estimated Total Burden Hours:* 5,365 hours. Proposed topics for comments include but are not limited to:
(1)Whether the continued collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;
(2)the accuracy of the agency's estimate of burden including the validity of the methodology and assumptions used;
(3)ways to enhance the quality, utility and clarity of the information to be collected; or
(4)ways to minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology. Comments regarding this information collection requirement should be directed to the Office of Information and Regulatory Affairs, Office of Management and Budget, Attention: Desk Officer for Agriculture, Washington, DC 20503 and to Jack Stanley, Agricultural Program Specialist, USDA/FSA/PECD, 1400 Independence Ave SW., STOP 0517, Washington, DC 20250-0517. All responses to this notice will be summarized and included in the request for OMB approval. All comments will also become a matter of public record. Signed at Washington, DC, on March 2, 2006. Teresa C. Lasseter, Administrator, Farm Service Agency. [FR Doc. E6-3404 Filed 3-9-06; 8:45 am] BILLING CODE 3410-05-P DEPARTMENT OF AGRICULTURE Farm Service Agency Request for Revision of a Currently Approved Information Collection; Emergency Conservation Program AGENCY: Farm Service Agency, USDA. ACTION: Notice and request for comments. SUMMARY: In accordance with the Paperwork Reduction Act of 1995, this notice announces the intention of the Farm Service Agency
(FSA)to request a revision of currently approved information collection used in support of the Emergency Conservation Program (ECP). DATES: Comments on this notice must be received on or before May 9, 2006 to be assured consideration. *Additional Information or Comments:* Contact Clayton Furukawa, ECP Program Manager, Conservation and Environmental Programs Division, USDA, FSA, STOP 0513, 1400 Independence Avenue, SW., Washington, DC 20250-0513; telephone
(202)690-0571. SUPPLEMENTARY INFORMATION: *Title:* Emergency Conservation Program. *OMB Control Number:* 0560-0082. *Expiration Date:* October 31, 2008. *Type of Request:* Revision of a currently approved information collection. *Abstract:* The information collected under Office of Management and Budget Control Number 0560-0082, as identified above, allows FSA to effectively administer the regulations under the ECP. The regulations at 7 CFR part 701 set forth basic policies, program provisions, and eligibility requirements for owners and operators to enter into agreements for financial and technical assistance and for receiving cost-share payments under the ECP. *Estimate of Burden:* Public reporting burden for this collection of information is estimated to average .25 hours (15 minutes) per response. *Respondents:* Owners, operators and other eligible agricultural producers on eligible farmland. *Estimated Number of Respondents:* 120,000. *Estimated Number of Responses per Respondent:* 1. *Estimated Total Annual Burden on Respondents:* 90,050. Proposed topics for comment include:
(a)Whether the collection information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;
(b)the accuracy of the agency's estimate of burden, including the validity of the methodology and assumptions used;
(c)ways to enhance the quality, utility, and clarity of the information collected; and
(d)ways to minimize the burden of the collection of the information on those who are to respond, including the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology. Comments should be sent to the Desk Officer for Agriculture, Office of Information and Regulatory Affairs, Office of Management and Budget, Washington, DC 20503 and to Clayton Furukawa, ECP Program Manager, Conservation and Environmental Programs Division, USDA, FSA, STOP 0513, 1400 Independence Avenue, SW., Washington, DC 20250-0513, telephone
(202)690-0571. Signed at Washington, DC, on February 24, 2006. Michael W. Yost, Acting Administrator, Farm Service Agency. [FR Doc. E6-3402 Filed 3-9-06; 8:45 am] BILLING CODE 3410-05-P DEPARTMENT OF AGRICULTURE Farm Service Agency Request for Extension of Currently Approved Information Collection; Power of Attorney AGENCY: Farm Service Agency, USDA. ACTION: Notice and Request for Comments. SUMMARY: In accordance with the Paperwork Reduction Act of 1995, this notice announces the Farm Service Agency's
(FSA)intention to request an extension for a currently approved information collection. This information is used to support the FSA, Commodity Credit Corporation
(CCC)and Risk Management Agency
(RMA)in conducting business and accepting signatures on documents from individual's acting on behalf of others. DATES: Comments on this notice must be received on or before May 9, 2006. FOR FURTHER INFORMATION CONTACT: Mike Sienkiewicz, Agricultural Program Specialist, USDA/FSA/PECD, Common Provisions Branch, at
(202)720-8959. SUPPLEMENTARY INFORMATION: *Title:* Power of Attorney. *OMB Control Number:* 0560-0190. *Expiration Date of Approval:* November 30, 2006. *Type of Request:* Request for extension of a currently approved information collection. *Abstract:* Individuals or authorized representatives of entities wanting to appoint another to act as their attorney-in-fact in connection with certain FSA, CCC, and RMA programs and related actions must complete a FSA-211, Power of Attorney, form. The FSA-211 serves as evidence that the grantor has appointed another to act on their behalf for certain FSA, CCC, and RMA programs and related actions, giving the appointee legal authority to enter into binding agreements on the grantor's behalf. The FSA-211 also provides FSA, CCC and RMA a source to verify an individual's authority to sign and act for another in the event of errors or fraud that requires legal remedies. The information collected on the FSA-211 is limited to the grantor's name, signature and identification number, the grantee's name and address, and the applicable FSA, CCC and RMA programs. *Estimate of Respondent Burden:* Public reporting burden for this collection of information is estimated to average .25 hours per response. *Respondents:* Individuals or authorized representatives of entities, such as corporations, wanting to appoint an attorney-in-fact to act on their behalf. *Estimated Number of Respondents:* 1,558,959 (519,653 annually over a 3 year period). *Estimated Number of Annual Responses per Respondent:* Collection of the information is a one-time occurrence. The FSA-211 remains in full force and effect until written notice of revocation has been duly served upon USDA, the death of the grantor, or the incapacitation of the grantor. *Estimated Total Annual Burden on Respondent:* Collection of the information is a one-time occurrence with an estimated reporting burden of .25 hours per response. *Proposed topics for comment include:*
(a)Whether the collection of information is necessary for the proper performance of the functions of the USDA service center;
(b)the agency's estimate of burden;
(c)methods to enhance the usefulness of the information collected; or
(d)ways to minimize the burden of the collection of the information on those who respond. Comments must be sent to the Desk Officer for Agriculture, Office of Information and Regulatory Affairs, Office of Management and Budget, Washington, DC 20503 and to Mike Sienkiewicz, Agricultural Program Specialist, USDA-FSA-PECD, STOP 0517, 1400 Independence Avenue, SW., Washington, DC 20250; telephone
(202)720-8959; or FAX
(202)720-0051. Copies of the information collection may be obtained from Mr. Sienkiewicz at the above address. All responses to this notice will be summarized and included in the request for OMB approval. All comments will also become a matter of public record. Signed at Washington, DC, on March 2, 2006. Teresa Lasseter, Administrator, Farm Service Agency. [FR Doc. E6-3405 Filed 3-9-06; 8:45 am] BILLING CODE 3410-05-P DEPARTMENT OF AGRICULTURE Farm Service Agency Request for Extension of a Currently Approved Information Collection; End-Use Certificate Program AGENCY: Farm Service Agency, USDA. ACTION: Notice and request for comments. SUMMARY: In accordance with the Paperwork Reduction Act of 1995, the Farm Service Agency
(FSA)is seeking comments from all interested individuals and organizations on the extension of information collection currently used in support of the End-Use Certificate Program. DATES: Comments on this notice must be received on or before May 9, 2006 to be assured consideration. Comments received after that date will be considered to the extent practicable. FOR FURTHER INFORMATION CONTACT: Sharon Miner, USDA, Farm Service Agency, Warehouse and Inventory Division, Program Development Branch, 1400 Independence Avenue, SW., STOP 0553, Washington, DC 20250-0553; Telephone
(202)720-6266; Electronic mail: *Sharon.Miner@wdc.usda.gov.* SUPPLEMENTARY INFORMATION: *Title:* End-Use Certificate Program. *OMB Control Number:* 0560-0151. *Expiration Date of Approval:* November 30, 2006. *Type of Request:* Extension of currently approved information collection. *Abstract:* The information collected under OMB Control Number 0560-0151, ensures that Canadian wheat does not benefit from USDA or Commodity Credit Corporation assisted export programs. To comply with the provisions of the North American Free Trade Agreement Implementation Act, FSA requires information from the importers, subsequent buyers, and end-users that assists in tracking the Canadian wheat within the U.S. marketing system. *Estimate of Burden:* Public reporting burden for this information collection is estimated to average 0.215 hours per response. *Respondents:* Wheat importers, traders, and end-users. *Estimated Number of Respondents:* 421. *Estimated Number of Responses per Respondent:* 128. *Estimated Total Annual Burden on Respondents:* 4,520 hours. *Comment is invited on:*
(a)Whether the continued collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;
(b)the accuracy of the FSA's estimate of burden including validity of the methodology and assumptions used;
(c)enhancing the quality, utility, and clarity of the information collected; or
(d)minimizing the burden of the collection of the information on those who are to respond, including the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology. Comments should be sent to the Desk Officer for Agriculture, Office of Information and Regulatory Affairs, Office of Management and Budget, Washington, DC 20503, and to Sharon Miner at the address listed above. All comments received in response to this notice, including names and addresses when provided, will become a matter of public records. Comments will be summarized and included in the submission for Office of Management and Budget approval. Signed in Washington, DC, on March 2, 2006. Teresa C. Lasseter, Administrator, Farm Service Agency. [FR Doc. E6-3406 Filed 3-9-06; 8:45 am] BILLING CODE 3410-05-P DEPARTMENT OF AGRICULTURE Forest Service Eastern Washington Cascades Provincial Advisory Committee and the Yakima Provincial Advisory Committee AGENCY: Forest Service, USDA. ACTION: Notice of Meeting. SUMMARY: The Eastern Washington Cascades Provincial Committee and the Yakima Provincial Advisory Committee will meet on Wednesday, March 22, 2006 at the Wenatchee Valley Medical Center Sleep Center Conference Room, 1000 N. Miller Street, Wenatchee, Washington. The meeting will begin at 9 a.m. and continue until 3 p.m. During this meeting we will become acquainted with the collaborative learning process. Members will recommend how collaborative learning might be used to develop a land allocation option for public consideration during the preparation of a revised forest plan for the Okanogan and Wenatchee National Forests. All Eastern Washington Cascades and Yakima Province Advisory Committee meetings are open to the public. FOR FURTHER INFORMATION CONTACT: Direct questions regarding this meeting to Paul Hart, Designated Federal Official, USDA, Wenatchee National Forest, 215 Melody Lane, Wenatchee, Washington 98801, 509-664-9200. Dated: March 6, 2006. Paul Hart, Designated Federal Official, Okanogan and Wenatchee National Forests. [FR Doc. 06-2307 Filed 3-9-06; 8:45 am]
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Traces to 18 documents
U.S. Code
- Entry into customs territory of the United States§ 2612
- Exports§ 2611
- Manufacturing and processing notices§ 2604
- Purposes§ 3501
- Definitions§ 601
- Establishment, functions, and activities§ 272
- Flood elevation determinations§ 4104
- Disaster mitigation requirements; notification to flood-prone areas§ 4105
- Congressional findings and declaration of purpose§ 4001
- Department of Transportation§ 102
- General powers§ 322
25 references not yet in our index
- 40 CFR 721
- 40 CFR 721.9582
- 40 CFR 707
- 40 CFR 721.20
- 40 CFR 721.5
- 40 CFR 2
- 40 CFR 721.9582(a)(3)
- 40 CFR 700
- 40 CFR 720
- 40 CFR 721.1(c)
- 40 CFR 710
- 40 CFR 721.25
- 40 CFR 721.25(a)
- 40 CFR 721.45(h)
- 40 CFR 721.9582(a)(2)(iii)
- 40 CFR 9
- Pub. L. 104-4
- Pub. L. 104-113
- 44 CFR 67
- 44 CFR 67.4(a)
- 44 CFR 60.3
- 44 CFR 10
- 49 CFR 40
- 7 CFR 718
- 7 CFR 701
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Proposed rule
Cite40 CFR 721
Cite40 CFR 721.9582
Cite40 CFR 707
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