52494 Federal Register / Vol. 71, No. 172 / Wednesday, September 6, 2006 / Rules and Regulations 

distribution of power and 

responsibilities between the Federal 

Government and Indian tribes, as 

specified in Executive Order 13175. 

Thus, Executive Order 13175 does not 

apply to this rule. 

VII. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this rule and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of this final 

rule in the Federal Register. This final 

rule is not a ‘‘major rule’’ as defined by 

5 U.S.C. 804(2). 

List of Subjects in 40 CFR Part 180 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: August 25, 2006. 

Lois Rossi, 

Director, Registration Division, Office of 

Pesticide Programs. 

■ Therefore, 40 CFR chapter I is 

amended as follows: 

PART 180—[AMENDED] 

■ 1. The authority citation for part 180 

continues to read as follows: 

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

■ 2. In § 180.205, the table to paragraph 

(a) is amended as follows: 

■ a. By adding entries for animal feed, 

nongrass, group 18, forage; animal feed, 

nongrass, group 18, hay; barley, hay; 

barley, straw; berry, group 13; cotton, 

gin byproducts; cranberry; fruit, pome 

group 11; fruit, pome group 12; grain, 

aspirated fractions; ginger; grape; okra; 

nut, tree, group 14; onion, bulb; pea and 

bean, dried shelled, except soybean, 

subgroup 6C, except guar bean; pea and 

bean, succulent shelled, subgroup 6B; 

sorghum, forage, forage; sorghum, grain, 

forage; soybean, hay; soybean, hulls; 

soybean, seed; vegetable, Brassica leafy, 

group 5; vegetable, cucurbit, group 9; 

vegetable, fruiting, group 8; vegetable, 

legume, edible podded, subgroup 6A; 

wheat, forage; wheat, hay; and wheat, 

straw. 

■ b. By revising the entries for beet, 

sugar, tops; cattle, kidney; cotton, 

undelinted seed; goat, kidney; hog, 

kidney; hop, dried cone; horse, kidney; 

sheep, kidney; soybean, forage; and 

wheat, grain. 

■ c. By removing from the table in 

paragraph (a) the entries for onion, dry 

bulb; sorghum, forage; and vegetable, 

fruiting. 

§ 180.205 Paraquat; tolerances for 

residues. 

(a) * * * 

Commodity Parts per 

million 

* * * * * 

Animal feed, nongrass, group 

18, forage .............................. 75 

Animal feed, nongrass, group 

18, hay .................................. 210 

* * * * * 

Barley, hay ................................ 3.5 

Barley, straw ............................. 1.0 

* * * * * 

Beet, sugar, tops ...................... 0.05 

Berry group 13 .......................... 0.05 

* * * * * 

Cattle, kidney ............................ 0.50 

* * * * * 

Cotton, gin byproducts ............. 110 

Cotton, undelinted seed ........... 3.5 

Cranberry .................................. 0.05 

* * * * * 

Fruit, pome, group 11 ............... 0.05 

Fruit, pome, group 12 ............... 0.05 

Ginger ....................................... 0.10 

Goat, kidney ............................. 0.50 

* * * * * 

Grain, aspirated fractions ......... 65 

Grape ........................................ 0.05 

* * * * * 

Hog, kidney ............................... 0.50 

* * * * * 

Hop, dried cones ...................... 0.50 

* * * * * 

Horse, kidney ............................ 0.50 

* * * * * 

Nut, tree, group 14 ................... 0.05 

Okra .......................................... 0.05 

* * * * * 

Onion, bulb ............................... 0.10 

* * * * * 

Pea and bean, dried shelled, 

except soybean, subgroup 

6C, except guar bean ........... 0.30 

Pea and bean, succulent 

shelled, subgroup 6B ............ 0.05 

* * * * * 

Sheep, kidney ........................... 0.50 

* * * * * 

Sorghum, forage, forage .......... 0.10 

* * * * * 

Sorghum, grain, forage ............. 0.10 

* * * * * 

Soybean, forage ....................... 0.40 

Soybean, hay ............................ 10 

Soybean, hulls .......................... 4.5 

Soybean, seed .......................... 0.70 

* * * * * 

Vegetable, Brassica leafy, 

group 5 .................................. 0.05 

Vegetable, cucurbit, group 9 .... 0.05 

* * * * * 

Vegetable, fruiting, group 8 ...... 0.05 

Commodity Parts per 

million 

Vegetable, legume, edible podded, subgroup 6A ................. 0.05 

* * * * * 

Wheat, forage ........................... 0.50 

Wheat, grain ............................. 1.1 

Wheat, hay ............................... 3.5 

Wheat, straw ............................. 50 

* * * * * 

[FR Doc. E6–14642 Filed 9–5–06; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 710 

[EPA–HQ–OPPT–2005–0059; FRL–7752–8] 

RIN 2070–AC61 

TSCA Inventory Update Reporting 

Rule; Electronic Reporting 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to amend the Toxic Substances 

Control Act (TSCA) section 8(a) 

Inventory Update Reporting (IUR) 

regulations to allow the electronic 

submission of information and to make 

several minor corrections. For the first 

time, in 2006, reporters of IUR data will 

be able to use the Internet, through 

EPA’s Central Data Exchange (CDX), to 

submit information on their chemicals 

to EPA. In addition, EPA will continue 

to allow IUR submissions either on CD 

ROM or on paper. EPA is also correcting 

two paragraph cross-references and a 

section heading. Additionally, EPA is 

clarifying requirements for the reporting 

of company identification information. 

DATES: This direct final rule is effective 

on November 6, 2006 without further 

notice, unless EPA receives adverse 

comment by October 6, 2006. If, 

however, EPA receives adverse 

comment, EPA will publish aFederal 

Register document to withdraw the 

portion of the rule that relates to the 

specific comment that was made before 

the effective date of the direct final rule. 

The remainder of the rule will become 

effective on November 6, 2006. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPPT–2005–0059, by 

one of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• Mail: Document Control Office 

(7407M), Office of Pollution Prevention 


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and Toxics (OPPT), Environmental 

Protection Agency, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460–

0001. 

• Hand Delivery: OPPT Document 

Control Office (DCO), EPA East, Rm. 

6428, 1201 Constitution Ave., NW., 

Washington, DC. Attention: Docket ID 

number EPA–HQ–OPPT–2005–0059. 

The DCO is open from 8 a.m. to 4 p.m., 

Monday through Friday, excluding legal 

holidays. The telephone number for the 

DCO is (202) 564–8930. Such deliveries 

are only accepted during the DCO’s 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

docket ID number EPA–HQ–OPPT–

2005–0059. EPA’s policy is that all 

comments received will be included in 

the public docket without change and 

may be made available in the on-line 

docket athttp://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 docket index at http:// 

www.regulations.gov. Although listed in 

the index, some information is not 

publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically in the on-line docket at 

http://www.regulations.gov or in hard 

copy at the OPPT Docket, EPA Docket 

Center, EPA West, Rm. B102, 1301 

Constitution Ave., NW., Washington, 

DC. The Public Reading Room is open 

from 8:30 a.m. to 4:30 p.m., Monday 

through Friday, excluding legal 

holidays. The EPA Docket Center 

Reading Room telephone number is 

(202) 566–1744, and the telephone 

number for the OPPT Docket, which is 

located in the EPA Docket Center, 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: 

Susan Sharkey, Project Manager, 

Economics, Exposure and Technology 

Division (7406M), Office of Pollution 

Prevention and Toxics, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460–

0001; telephone number: (202) 564–

8789; e-mail address: 

sharkey.susan@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this Action Apply to Me? 

You may be affected by this action if 

you manufacture (defined by statute at 

15 U.S.C. 2602(7) to include import) 

chemical substances, including 

inorganic chemical substances, subject 

to reporting under the Inventory Update 

Reporting (IUR) regulations at 40 CFR 

part 710. Any use of the term 

‘‘manufacture’’ in this document will 

encompass import, unless otherwise 

stated. 

Potentially affected entities may 

include, but are not limited to: Chemical 

manufacturers and importers subject to 

IUR reporting, including chemical 

manufacturers and importers of 

inorganic chemical substances (NAICS 

codes 325, 32411). 

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 at 

40 CFR 710.48. If you have any 

questions regarding the applicability of 

this action to a particular entity, consult 

the technical contact 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 CBI 

to EPA through regulations.gov or email. Clearly mark the part or all of the 

information that you claim to be CBI. 

For CBI information in a disk or CD 

ROM that you mail to EPA, mark the 

outside of the disk or CD ROM as CBI 

and then identify electronically within 

the disk or CD ROM the specific 

information that is claimed as CBI. In 

addition to one complete version of the 

comment that includes information 

claimed as CBI, a copy of the comment 

that does not contain the information 

claimed as CBI must be submitted for 

inclusion in the public docket. 

Information so marked will not be 

disclosed except in accordance with 

procedures set forth in 40 CFR part 2. 

2. Tips for preparing your comments. 

When submitting comments, remember 

to: 

i. Identify the rulemaking by docket 

ID number and other identifying 

information (subject heading, Federal 

Register date and page number). 

ii. Follow directions. The Agency may 

ask you to respond to specific questions 

or organize comments by referencing a 

Code of Federal Regulations (CFR) part 

or section number. 

iii. Explain why you agree or disagree; 

suggest alternatives, and substitute 

language for your requested changes. 

iv. Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

v. If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

vi. Provide specific examples to 

illustrate your concerns, and suggest 

alternatives. 

vii. Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

viii. Make sure to submit your 

comments by the comment period 

deadline identified. 

II. Background 

A. What is the Agency’s Authority for 

Taking this Action? 

EPA is required under TSCA section 

8(b), 15 U.S.C. 2607(b), to compile and 


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52496 Federal Register / Vol. 71, No. 172 / Wednesday, September 6, 2006 / Rules and Regulations 

keep current an inventory of chemical 

substances manufactured or processed 

in the United States. This inventory is 

known as the TSCA Chemical 

Substances Inventory (the TSCA 

Inventory). In 1977, EPA promulgated a 

rule (42 FR 64572, December 23, 1977) 

under TSCA section 8(a), 15 U.S.C. 

2607(a), to compile an inventory of 

chemical substances in commerce at 

that time. In 1986, EPA promulgated the 

initial IUR rule under TSCA section 8(a) 

at 40 CFR part 710 (51 FR 21438, June 

12, 1986) to facilitate the periodic 

updating of the TSCA Inventory and to 

support activities associated with the 

implementation of TSCA. In 2003, EPA 

promulgated extensive amendments to 

the IUR rule (68 FR 848, January 7, 

2003) (FRL–6767–4) (2003 

Amendments) to collect manufacturing, 

processing, and use exposure-related 

information, and to make certain other 

changes. Minor corrections to the IUR 

rule were made in July of 2004 (69 FR 

40787, July 7, 2004) (FRL–7332–3), and 

additional revisions to the IUR rule 

were made on December 19, 2005 (70 

FR 75059) (FRL–7743–9). 

TSCA section 8(a)(1) authorizes the 

EPA Administrator to promulgate rules 

under which manufacturers and 

processors of chemical substances and 

mixtures (referred to hereinafter as 

chemical substances) must maintain 

such records and submit such 

information as the Administrator may 

reasonably require. TSCA section 8(a) 

generally excludes small manufacturers 

and processors of chemical substances 

from the reporting requirements 

established in TSCA section 8(a). 

However, EPA is authorized by TSCA 

section 8(a)(3) to require TSCA section 

8(a) reporting from small manufacturers 

and processors with respect to any 

chemical substance that is the subject of 

a rule proposed or promulgated under 

TSCA section 4, 5(b)(4), or 6, or that is 

the subject of an order under TSCA 

section 5(e), or that is the subject of 

relief that has been granted pursuant to 

a civil action under TSCA section 5 or 

7. Pursuant to TSCA section 8(a)(3)(B), 

the standard for determining whether an 

entity qualifies as a small manufacturer 

for purposes of 40 CFR part 710 

generally is defined in 40 CFR 704.3. 

Processors are not currently subject to 

the regulations at 40 CFR part 710. 

B. What is the Inventory Update 

Reporting (IUR) Regulation? 

The data reported under the IUR rule 

are used to update the information 

maintained on the TSCA Inventory. EPA 

uses the TSCA Inventory and data 

reported under the IUR rule to support 

many TSCA-related activities and to 

provide overall support for a number of 

EPA and other federal health, safety, 

and environmental protection activities. 

The IUR rule, as amended by the 2003 

Amendments and subsequent revisions, 

requires U.S. manufacturers (including 

importers) of chemicals listed on the 

TSCA Inventory to report to EPA every 

5 years the identity of chemical 

substances manufactured for a 

commercial purpose during the 

reporting year in quantities of 25,000 

pounds or more at any single site they 

own or control. The IUR generally 

excludes several categories of 

substances from its reporting 

requirements, i.e., polymers, 

microorganisms, naturally occurring 

chemical substances, and certain natural 

gas substances. Sites are required to 

report information such as company 

name, site location and other identifying 

information, identity and production 

volume of the reportable chemical 

substance, manufacturing exposurerelated information associated with each 

reportable chemical substance, 

including the physical form and 

maximum concentration of the chemical 

substance and the number of potentially 

exposed workers. 

Manufacturers (including importers) 

of larger volume chemicals (i.e., 300,000 

pounds or more manufactured during 

the reporting year at any site) are 

additionally required to report certain 

processing and use information (40 CFR 

710.52(c)(4)). This information includes 

process or use category, NAICS code, 

industrial function category, percent 

production volume associated with each 

process or use category, number of use 

sites, number of potentially exposed 

workers, and consumer/commercial 

information such as use category, use in 

or on products intended for use by 

children, and maximum concentration. 

For the 2006 submission period, 

inorganic chemicals are partially 

exempt regardless of production volume 

(i.e., submitters do not report the 

processing and use information listed in 

40 CFR 710.52(c)(4)). After the 2006 

reporting period, the partial exemption 

for inorganic chemicals will no longer 

be applicable and submitters will report 

processing and use information on 

inorganic chemical substances 

manufactured (including imported) at a 

site in volumes of 300,000 pounds or 

more, unless partially exempted as 

described in Unit II.C. In addition, 

specifically listed petroleum process 

streams and other specifically listed 

chemical substances are partially 

exempt during the 2006 submission 

period as well as during subsequent 

submission periods. 

C. What Action is the Agency Taking? 

Through this action, EPA is amending 

the methods available for obtaining 

documents, including reporting 

instructions, and for submitting reports. 

Additionally, EPA is making several 

minor corrections, including clarifying 

requirements for the reporting of 

company identification information. 

1. Methods to obtain reporting 

instructions and submit reports. 

Because IUR reporting occurs only once 

every 5 years, the methods used to make 

available or otherwise distribute 

reporting materials, and for submitting 

the required information to EPA, often 

change from one submission period to 

another. EPA is therefore providing 

instructions to obtain the most up-todate information concerning IUR 

submissions. 

For the 2006 submission period, EPA 

is allowing submissions, including 

those containing CBI, over the Internet 

using EPA’s Central Data Exchange 

(CDX). Submitting IUR information 

through CDX is EPA’s preferred 

submission method because this method 

enables EPA to notify the submitter that 

the Agency has received their 

submission, it reduces reporting errors, 

and it enables data to be available more 

quickly. Coupled with EPA’s new 

reporting software, eIUR, the Agency 

believes electronic reporting will 

become the preferred method of 

reporting for industry as well as for 

EPA. 

The reporting form, reporting 

software, instruction manual, and other 

guidance materials are available on 

EPA’s website at www.epa.gov/oppt/iur 

or through EPA’s hotline, and can be 

obtained as described in the regulatory 

text. EPA plans to continue to notify 

sites that submitted during the previous 

submission period of the advent of the 

next submission period. The 

notification will include information on 

how to obtain the documents described 

in this paragraph. 

Although EPA prefers that 

submissions be made using CDX, the 

Agency will continue to accept 

submissions on CD ROM or in hard 

copy. Instructions for submitting IUR 

information in these formats are also 

included on the website and in the 

instructions manual. 

2. Corrections. Section 710.52 

describes the information to be reported 

by persons described in § 710.48. EPA is 

correcting two of the cross-references in 

this section. Section 710.57 describes 

recordkeeping requirements. EPA is 

correcting the title for this section. 

These changes are purely 

administrative, make the relevant 


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Federal Register / Vol. 71, No. 172 / Wednesday, September 6, 2006 / Rules and Regulations 52497 

regulatory provision internally 

consistent and correct, and do not have 

any substantive effect on any other part 

of the regulations at 40 CFR part 710. 

a. Section 710.52(c)(4)(i)(F) states that: 

[f]or each combination of industrial 

processing or use operation, NAICS code and 

industrial function category, the submitter 

must estimate the number of workers 

reasonably likely to be exposed to each 

reportable chemical substance. For each 

combination associated with each substance, 

the submitter must select from among the 

worker ranges listed in paragraph (c)(3)(vi) of 

this section and report the corresponding 

code (i.e., W1 though W8). 

The reference to paragraph (c)(3)(vi) is 

incorrect as that paragraph does not 

contain worker ranges. Instead, the 

appropriate cross reference is to 

paragraph (c)(3)(v). As a result, EPA is 

correcting § 710.52(c)(4)(i)(F) by 

changing the cross-reference to the 

worker ranges from ‘‘paragraph 

(c)(3)(vi)’’ to ‘‘paragraph (c)(3)(v).’’

b. Section 710.52(c)(4)(ii)(D) states 

that: 

[w]here the reportable chemical substance 

is used in commercial or consumer products, 

the estimated typical maximum 

concentration, measured by weight, of the 

chemical substance in each commercial and 

consumer product category reported under 

paragraph (c)(4)(ii)(A) of this section. For 

each substance in each commercial and 

consumer product category reported under 

paragraph (c)(4)(ii)(A) of this section, 

submitters must select from among the ranges 

of concentrations listed in the table in 

paragraph (c)(3)(vii) of this section and report 

the corresponding code (i.e., M1 through 

M5). 

The reference to paragraph (c)(3)(vii) is 

incorrect as that paragraph does not 

contain ranges of concentrations. 

Instead, the appropriatecross-reference 

is to paragraph (c)(3)(vi). As a result, 

EPA is correcting § 710.52(c)(4)(ii)(D) by 

changing the cross-reference to the 

ranges of concentrations from 

‘‘paragraph (c)(3)(vii)’’ to ‘‘paragraph 

(c)(3)(vi).’’

c. Section 710.57 is titled ‘‘Reporting 

requirements’’ and states that ‘‘[e]ach 

person who is subject to the reporting 

requirements of this subpart must retain 

records that document any information 

reported to EPA.’’ Because the subject of 

this section is recordkeeping 

requirements, EPA is correcting the 

section by changing the heading from 

‘‘Reporting requirements’’ to 

‘‘Recordkeeping requirements.’’

3. Clarification. Section 710.52(c)(2)(i) 

states that: 

[t]he name of a person who will serve as 

technical contact for the submitter company 

and who will be able to answer questions 

about the information submitted by the 

company to EPA, the parent company name 

and Dun and Bradstreet Number, the contact 

person’s full mailing address, the contact 

person’s telephone number, and the contact 

person’s e-mail address must be reported for 

each site at which at least 25,000 lbs. (11,340 

kg) of a reportable chemical substance is 

manufactured (including imported). 

The use of the term ‘‘parent company’’

has created confusion, and therefore 

EPA is clarifying this requirement by 

changing the phrase‘‘parent company’’

to ‘‘company.’’ Submitters are to report 

the company name associated with the 

manufacturing (including importing) 

site and do not need to identify a parent 

company, if any, that would be 

associated with the company that 

reports information under this rule. 

III. Direct Final Rule Procedures 

EPA is publishing this rule without 

prior proposal because the Agency 

views this as a noncontroversial 

amendment and anticipates no adverse 

comment. This final rule will be 

effective on November 6, 2006 without 

further notice unless the Agency 

receives adverse comment by October 6, 

2006. If EPA receives adverse comment 

on one or more distinct amendments, 

paragraphs, or sections of this 

rulemaking, the Agency will publish a 

timely withdrawal in the Federal 

Register indicating which provisions 

will become effective and which 

provisions are being withdrawn due to 

adverse comment. Any distinct 

amendment, paragraph, or section of 

today’s rulemaking for which the 

Agency does not receive adverse 

comment will become effective on 

November 6, 2006, notwithstanding any 

adverse comment on any other distinct 

amendment, paragraph, or section of 

today’s rule. For any distinct 

amendment, paragraph, or section of 

today’s rule that is withdrawn due to 

adverse comment, EPA will publish a 

notice of proposed rulemaking in a 

future edition of the Federal Register. 

The Agency will address the comments 

on any such distinct amendment, 

paragraph, or section as part of that 

proposed rulemaking. 

IV. Materials in the Rulemaking Record 

The public version of the official 

record for this rulemaking is contained 

in three separate dockets that can be 

accessed as described in theADDRESSES

unit. Docket ID number EPA–HQ–

OPPT–2005–0059 contains the 

rulemaking record. This record includes 

the documents located in the docket. 

1. USEPA. ‘‘Instructions for Reporting 

for the 2006 Partial Updating of the 

TSCA Chemical Inventory Database,’’

Draft. May 2006. 

2. USEPA. ‘‘News About: The 2006 

IUR Rule...change for easier, more 

accurate filing,’’ November 2005. 

V. Statutory and Executive Order 

Reviews 

A. Executive Order 12866 

This direct final rule implements one 

change and several minor corrections to 

40 CFR part 710, resulting in a burden 

and cost reduction. Since this direct 

final rule does not impose any new 

requirements, it is not subject to review 

by the Office of Management and 

Budget (OMB) under Executive Order 

12866, entitled Regulatory Planning and 

Review (58 FR 51735, October 4, 1993). 

B. Paperwork Reduction Act 

This direct final rule does not contain 

any information collections subject to 

OMB approval under the Paperwork 

Reduction Act (PRA), 44 U.S.C. 3501 et 

seq. 

C. Regulatory Flexibility Act 

Since this action makes one change, 

several minor corrections, and a 

clarification to 40 CFR part 710, 

resulting in a burden reduction, EPA 

certifies this action will not have a 

significant economic impact on a 

substantial number of small entities. 

There will be no adverse impact on 

small entities resulting from this action. 

D. Unfunded Mandates Reform Act 

This action does not impose any 

enforceable duty or contain any 

unfunded mandate as described under 

Title II of the Unfunded Mandates 

Reform Act of 1995 (UMRA) (Public 

Law 104–4). 

E. Executive Order 3132 

The Agency has determined that this 

action will not have a substantial direct 

effect on States, on the relationship 

between the national government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government, as 

specified in Executive Order 13132, 

entitled Federalism (64 FR 43255, 

August 10, 1999). Executive Order 

13132 requires EPA to develop an 

accountable process to ensure 

‘‘meaningful and timely input by State 

and local officials in the development of 

regulatory policies that have federalism 

implications.’’ ‘‘Policies that have 

federalism implications’’ is defined in 

the Executive Order to include 

regulations that have ‘‘substantial direct 

effects on the States, on the relationship 

between the national government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government.’’ This 


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action does not alter the relationships or 

distribution of power and 

responsibilities established by Congress. 

F. Executive Order 13175 

The Agency has determined that this 

rule does not have any ‘‘tribal 

implications’’ as described in Executive 

Order 13175, entitledConsultation and 

Coordination with Indian Tribal 

Governments (65 FR 67249, November 

6, 2000). Executive Order 13175, 

requires EPA to develop an accountable 

process to ensure ‘‘meaningful and 

timely input by tribal officials in the 

development of regulatory policies that 

have tribal implications.’’ This direct 

final rule will not have substantial 

direct effects on tribal governments, on 

the relationship between the Federal 

Government and Indian tribes, or on the 

distribution of power and 

responsibilities between the Federal 

Government and Indian tribes, as 

specified in Executive Order 13175. 

Thus, Executive Order 13175 does not 

apply to this rule. 

G. Executive Order 13045 

This action does not require OMB 

review or any other Agency action 

under Executive Order 13045, entitled 

Protection of Children from 

Environmental Health Risks and Safety 

Risks (62 FR 19885, April 23, 1997). 

H. Executive Order 13211 

Because this direct final rule is 

exempt from review under Executive 

Order 12866 due to its lack of 

significance, this direct final 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). 

I. National Technology Transfer 

Advancement Act 

This action does not involve any 

technical standards that would require 

Agency consideration of voluntary 

consensus standards pursuant to 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). 

J. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

Agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and the Comptroller General of 

the United States. EPA will submit a 

report containing this rule and other 

required information to the U.S. Senate, 

the U.S. House of Representatives and 

the Comptroller General of the United 

States prior to publication of the rule in 

theFederal Register. This rule is not a 

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

804(2). 

List of Subjects in 40 CFR Part 710 

Environmental protection, Central 

Data Exchange, CDX, Chemicals, 

Electronic reporting, Hazardous 

materials, Reporting and recordkeeping 

requirements. 

Dated: August 25, 2006. 

James B. Gulliford, 

Assistant Administrator, Office of Prevention, 

Pesticides and Toxic Substances. 

■ Therefore, 40 CFR chapter I is 

amended as follows: 

PART 710—[AMENDED] 

■ 1. The authority citation for part 710 

continues to read as follows: 

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

§ 710.52 [Amended] 

■ 2. Section 710.52 is amended as 

follows: 

a. By revising the phrase ‘‘parent 

company’’ to read ‘‘company’’ in 

paragraph (c)(2)(i). 

b. By revising the phrase ‘‘paragraph 

(c)(3)(vi)’’ to read ‘‘paragraph (c)(3)(v)’’

in paragraph (c)(4)(i)(F). 

c. By revising the phrase ‘‘paragraph 

(c)(3)(vii)’’ to read ‘‘paragraph (c)(3)(vi)’’

in paragraph (c)(4)(ii)(D). 

§ 710.57 [Amended] 

■ 3. Section 710.57 is amended by 

revising the section heading to read: 

‘‘§ 710.57 Recordkeeping requirements.’’

■ 4. Section 710.59 is revised to read as 

follows: 

§ 710.59 Availability of reporting form and 

instructions. 

(a) Use the proper EPA form. You 

must use the EPA form identified as 

‘‘Form U’’ to submit written information 

in response to the requirements of this 

subpart. Instructions for obtaining 

copies of Form U are in paragraph (c) of 

this section. 

(b) Follow the reporting instructions. 

You should follow the detailed 

instructions for completing and 

submitting an electronic or hard copy 

report. Instructions given in the EPA 

publication titled, ‘‘Instructions for 

Reporting for the 2006 Partial Updating 

of the TSCA Chemical Inventory 

Database,’’ are available as described in 

paragraph (c) of this section. EPA 

encourages reporting sites subject to this 

part to submit the required information 

to EPA electronically. 

(c) Obtain the reporting package and 

copies of the form. You can obtain the 

reporting form or software, reporting 

instructions, and other associated 

documents as follows: 

(1) By website. Go to the EPA 

Inventory Update Reporting Internet 

home page at http://www.epa.gov/oppt/ 

iur and follow the appropriate links. 

EPA encourages reporting sites subject 

to this subpart to visit this home page. 

(2) By phone. Call the EPA TSCA 

Hotline at (202) 554–1404. 

(3) By e-mail. Send an e-mail request 

for this information to the EPA TSCA 

Hotline at TSCA-Hotline@epa.gov. 

(4) By mail. Send a written request for 

this information to the following 

address: TSCA Hotline, Mail Code 

7408M, ATTN: Inventory Update 

Reporting, Office of Pollution 

Prevention and Toxics, U.S. 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001. 

[FR Doc. E6–14716 Filed 9–5–06; 8:45 am] 

BILLING CODE 6560–50–S 

GENERAL SERVICES 

ADMINISTRATION 

41 CFR Part 102–76 

[FMR Amendment 2005–03; FMR Case 

2005–102–8] 

Federal Management Regulation; Real 

Property Policies Update; Technical 

Amendment 

AGENCY: Office of Governmentwide 

Policy, General Services 

Administration. 

ACTION: Final rule. 

SUMMARY: This document amends the 

Federal Management Regulation (FMR) 

to extend the implementation date of 

the Real Property Policies section 

entitled ‘‘What standards must facilities 

subject to the Architectural Barriers Act 

meet?,’’ which was published in the 

Federal Register, at 70 FR 67846, on 

November 8, 2005. The implementation 

date of the section previously was 

extended to August 7, 2006, but only 

with respect to leasing actions. The 

implementation date of the section, 

currently August 7, 2006, is hereby 

further extended to February 6, 2007, 

but only for leasing actions (other than 

those where the Government expressly 

requires new construction to meet its 

needs) where solicitations have not been 

issued by February 6, 2007. The May 8, 

2006, implementation date remains 


jlentini on PROD1PC65 with RULES