70552 Federal Register / Vol. 69, No. 234 / Tuesday, December 7, 2004 / Rules and Regulations 

significant disruption of maritime 

traffic. 

In addition to this notice, the 

maritime community will be provided 

extensive advance notification via the 

Local Notice to Mariners, marine 

information broadcasts, and area 

newspapers, so mariners can adjust 

their plans accordingly.

Dated: November 24, 2004. 

Ben R. Thomason, III, 

Captain, U.S. Coast Guard, Commander, Fifth 

Coast Guard District, Acting.

[FR Doc. 04–26841 Filed 12–6–04; 8:45 am] 

BILLING CODE 4910–15–P

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100

[CGD05–04–211] 

RIN 1625–AA08

Special Local Regulations for Marine 

Events; Southern Branch of the 

Elizabeth River, Portsmouth, VA

AGENCY: Coast Guard, DHS.

ACTION: Notice of implementation of 

regulation. 

SUMMARY: The Coast Guard is 

implementing the special local 

regulations at 33 CFR 100.523 during 

the Olde Towne Holiday Music Festival 

Fireworks Show to be held December 

11, 2004 on the Southern Branch of the 

Elizabeth River at Portsmouth, Virginia. 

These special local regulations are 

necessary to provide for the safety of life 

on navigable waters before, during and 

after the event. The effect will be to 

restrict general navigation in the 

regulated area for the safety of 

spectators and support vessels in the 

event area.

DATES: 33 CFR 100.523 will be enforced 

from 7 p.m. to 8 p.m. EDT on December 

11, 2004.

FOR FURTHER INFORMATION CONTACT:

Michael Bowling, Marine Events 

Coordinator, Commander, Coast Guard 

Group Hampton Roads, 4000 Coast 

Guard Blvd., Portsmouth, Virginia 

23703, (757) 483–8567.

SUPPLEMENTARY INFORMATION: The City 

of Portsmouth will sponsor the ‘‘Olde 

Towne Holiday Music Festival 

Fireworks’’ on December 11, 2004 on 

the Southern Branch of the Elizabeth 

River, Portsmouth, Virginia. In order to 

ensure the safety of participants, 

spectators and transiting vessels, 33 CFR 

100.523 will be enforced for the 

duration of the event. The special local 

regulations will be enforced from 7 p.m. 

to 8 p.m. e.d.t. on December 11, 2004. 

The pyrotechnic display will be 

launched from 1 barge located adjacent 

to Crawford Bay within the regulated 

area. Under the provisions of 33 CFR 

100.523, a vessel may not enter the 

regulated area unless it receives 

permission from the Coast Guard Patrol 

Commander. Spectator vessels may 

anchor outside the regulated area but 

may not block a navigable channel. 

In addition to this notice, the 

maritime community will be provided 

extensive advance notification via the 

Local Notice to Mariners, marine 

information broadcasts, and area 

newspapers, so mariners can adjust 

their plans accordingly.

Dated: November 24, 2004. 

Ben R. Thomason, III, 

Captain, U.S. Coast Guard, Commander, Fifth 

Coast Guard District, Acting.

[FR Doc. 04–26843 Filed 12–6–04; 8:45 am] 

BILLING CODE 4910–15–P

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100

[CGD05–04–214] 

RIN 1625–AA08

Special Local Regulations for Marine 

Events; Patapsco River, Baltimore, MD

AGENCY: Coast Guard, DHS.

ACTION: Notice of implementation of 

regulation. 

SUMMARY: The Coast Guard is 

implementing the special local 

regulations at 33 CFR 100.526 during 

the New Year’s Eve Celebration to be 

held December 31, 2004 through 

January 1, 2005 on the Patapsco River at 

Baltimore, Maryland. These special 

local regulations are necessary to 

provide for the safety of life on 

navigable waters before, during and 

after the event. The effect will be to 

restrict general navigation in the 

regulated area for the safety of 

spectators and support vessels in the 

event area.

DATES: 33 CFR 100.526 will be enforced 

from 11:45 p.m., December 31, 2004 to 

12:45 a.m. e.d.t. on January 1, 2005.

FOR FURTHER INFORMATION CONTACT:

Ronald Houck, Marine Events 

Coordinator, Commander, Coast Guard 

Activities Baltimore, 2401 Hawkins 

Point Road, Baltimore, Maryland, 

21226, (410) 576–2674.

SUPPLEMENTARY INFORMATION: The 

Baltimore Office of Promotion and the 

Arts will sponsor the ‘‘New Year’s Eve 

Celebration’’ on December 31, 2004 to 

January 1, 2005 on the waters of the 

Inner Harbor, Patapsco River, Baltimore, 

Maryland. In order to ensure the safety 

of participants, spectators and transiting 

vessels, 33 CFR 100.526 will be 

enforced for the duration of the event. 

The special local regulations will be 

enforced from 11:45 p.m. December 31, 

2004 to 12:45 a.m. e.d.t. on January 1, 

2005. The pyrotechnic display will be 

launched from 3 barges located adjacent 

to the Inner Harbor within the regulated 

area. Under the provisions of 33 CFR 

100.526, a vessel may not enter the 

regulated area unless it receives 

permission from the Coast Guard Patrol 

Commander. Spectator vessels may 

anchor outside the regulated area but 

may not block a navigable channel. 

In addition to this notice, the 

maritime community will be provided 

extensive advance notification via the 

Local Notice to Mariners, marine 

information broadcasts, and area 

newspapers, so mariners can adjust 

their plans accordingly.

Dated: November 24, 2004. 

Ben R. Thomason, III, 

Captain, U.S. Coast Guard, Commander, Fifth 

Coast Guard District, Acting.

[FR Doc. 04–26844 Filed 12–6–04; 8:45 am] 

BILLING CODE 4910–15–P

ENVIRONMENTAL PROTECTION 

AGENCY

40 CFR Parts 9 and 712

[OPPT–2004–0089; FRL–7366–8]

RIN 2070–AB08

Preliminary Assessment Information 

Reporting; Addition of Certain 

Chemicals

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Final rule.

SUMMARY: This final rule, issued 

pursuant to section 8(a) of the Toxic 

Substances Control Act (TSCA), will 

require certain manufacturers (including 

importers) of 3 chemical substances in 

the chemical category ‘‘Pyridinamines’’

and 20 chemical substances in the 

chemical category ‘‘Tungsten 

Compounds’’ to submit a one-time 

report on general production/

importation volume, end use, and 

exposure-related information to EPA. 

The Interagency Testing Committee 

(ITC), established under section 4(e) of 

TSCA to recommend chemicals and 

Federal Register / Vol. 69, No. 234 / Tuesday, December 7, 2004 / Rules and Regulations 70553

chemical mixtures to EPA for priority 

testing consideration, amends the TSCA 

Section 4(e) Priority Testing List through 

periodic reports submitted to EPA. The 

ITC recently added these 2 categories 

containing 23 chemicals to the Priority 

Testing List.

In addition, EPA is adding as required 

under the Paperwork Reduction Act 

(PRA) the Office of Management and 

Budget (OMB) approved information 

collection requirements contained in 

this final rule to EPA’s table of OMB 

control numbers in the Code of Federal 

Regulations (CFR).

DATES: This final rule is effective on 

January 6, 2005. For purposes of judicial 

review, this rule shall be promulgated at 

1 p.m. eastern daylight/standard time on 

December 21, 2004. (See 40 CFR 23.5)

For submission of a Preliminary 

Assessment Information Reporting 

(PAIR) Form, see Unit III.B. of the 

SUPPLEMENTARY INFORMATION.

A request to withdraw a chemical 

from this rule, pursuant to 40 CFR 

712.30(c), must be received on or before 

December 21, 2004. (See Unit IV. of the 

SUPPLEMENTARY INFORMATION.)

ADDRESSES: Instructions: Direct your 

submissions to docket identification (ID) 

number OPPT–2004–0089. EPA’s policy 

is that all comments received will be 

included in the public docket without 

change and may be made available 

online at http://www.epa.gov/edocket/, 

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 

EDOCKET, regulations.gov, or e-mail. 

The EPA EDOCKET and the 

regulations.gov websites are 

‘‘anonymous access’’ systems, 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 

EDOCKET or regulations.gov, your email 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. For additional information 

about EPA’s public docket visit 

EDOCKET on-line or see the Federal 

Register of May 31, 2002 (67 FR 38102) 

(FRL–7181–7).

Submit your withdrawal requests and 

PAIR forms, identified by docket ID 

number OPPT–2004–0089, by one of the 

following methods:

• Mail: Document Control Office 

(7407M), Office of Pollution Prevention 

and Toxics (OPPT), Environmental 

Protection Agency, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460–

0001, Attention: 8(a) Auto-ITC.

• Hand delivery: OPPT Document 

Control Office (DCO), EPA East Bldg., 

Rm. 6428, 1201 Constitution Ave., NW., 

Washington, DC. Attention: 8(a) AutoITC. 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.

Docket: All documents in the docket 

are listed in the EDOCKET index at 

http://www.epa.gov/edocket/. Although 

listed in the index, some information is 

not publicly available, i.e., 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 EDOCKET 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: Joe 

Nash, Chemical Control Division 

(7405M), Office of Pollution Prevention 

and Toxics, Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460–0001; telephone 

number: (202) 564–8886; fax number: 

(202) 564–4765; e-mail address: 

ccd.citb@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 40 

CFR 712.30(e) of the regulatory text of 

this document. Entities potentially 

affected by this action may include, but 

are not limited to:

• Chemical manufacturers (including 

importers), (NAICS 325, 324110), e.g., 

persons who manufacture (defined by 

statute to include import) one or more 

of the subject chemical substances.

This listing is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

affected by this action. 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. If you have any 

questions regarding the applicability of 

this action to a particular entity, consult 

the technical person listed under FOR

FURTHER INFORMATION CONTACT.

B. How Can I Access Electronic Copies 

of this Document and Other Related 

Information?

In addition to EDOCKET (http://

www.epa.gov/edocket/), you may access 

this Federal Register document 

electronically through the EPA Internet 

under the ‘‘Federal Register’’ listings at 

http://www.epa.gov/fedrgstr/. A 

frequently updated electronic version of 

40 CFR parts 9 and 712 is available on 

E-CFR Beta Site Two at http://

www.gpoaccess.gov/ecfr/.

C. How Do I Submit CBI Information?

Do not submit this information to EPA 

through EDOCKET, 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 

70554 Federal Register / Vol. 69, No. 234 / Tuesday, December 7, 2004 / Rules and Regulations 

disclosed except in accordance with 

procedures set forth in 40 CFR part 2.

II. Background

A. What Action is the Agency Taking?

EPA is issuing a final TSCA section 

8(a) PAIR rule which requires certain 

manufacturers (including importers) of 

3 chemical substances in the chemical 

category ‘‘Pyridinamines’’ and 20 

chemical substances in the chemical 

category ‘‘Tungsten Compounds’’ added 

to the ITC’s TSCA section 4(e) Priority 

Testing List to submit production and 

exposure reports. The regulatory text of 

this rule lists the 23 chemical 

substances that are being added to the 

PAIR rule.

B. What is the Agency’s Authority for 

Taking this Action?

EPA promulgated the PAIR rule in 40 

CFR part 712 under TSCA section 8(a) 

(15 U.S.C. 2607(a)). This model TSCA 

section 8(a) rule establishes standard 

reporting requirements for certain 

manufacturers (including importers) of 

the chemicals listed in the rule at 40 

CFR 712.30. These entities are required 

to submit a one-time report on general 

production/importation volume, end 

use, and exposure-related information 

using the PAIR Form entitled 

Manufacturer’s Report-Preliminary 

Assessment Information (EPA Form No. 

7710–35). (See 40 CFR 712.28.) EPA 

uses this model TSCA section 8(a) rule 

to quickly gather current information on 

chemicals or chemical categories as 

referenced in TSCA section 26(c) (15 

U.S.C. 2625(c)).

This model TSCA section 8(a) rule 

provides for the addition of TSCA 

section 4(e) Priority Testing List

chemicals. Whenever EPA announces 

the receipt of an ITC Report, EPA can, 

and without providing notice or an 

opportunity for public comment, amend 

the model information-gathering rule by 

adding the recommended (or 

designated) chemicals. The amendment 

adding these chemicals to the PAIR rule 

is effective 30 days after the date of 

publication in the Federal Register.

C. Why is this Action Being Issued as a 

Final Rule?

EPA is publishing this action as a 

final rule without prior notice and an 

opportunity for comment pursuant to 

the procedures set forth in 40 CFR 

712.30(c). EPA finds that there is ‘‘good 

cause’’ under the Administrative 

Procedure Act (APA) (5 U.S.C. 

553(b)(3)(B)) to make these amendments 

without prior notice and comment. EPA 

believes notice and an opportunity for 

comment on this action are 

unnecessary. TSCA directs the ITC to 

add chemicals to the Priority Testing 

List for which EPA should give priority 

consideration. EPA also lacks the 

authority to remove a chemical from the 

Priority Testing List once it has been 

added by the ITC. As explained earlier 

in this rule, pursuant to 40 CFR 

712.30(c), once the ITC adds a chemical 

to the Priority Testing List, EPA in turn 

is obliged to add that chemical to the 

list of chemicals subject to PAIR 

reporting requirements, unless 

requested not to do so by the ITC. EPA 

promulgated this procedure in 1985 

after having solicited public comment 

on the need for and mechanics of this 

procedure. (See the Federal Register of 

August 28, 1985 (50 FR 34805)). 

Because that rulemaking established the 

procedure for adding ITC chemicals to 

the PAIR rule, it is unnecessary to 

request comment on the procedure in 

this action. EPA believes this action 

does not raise any relevant issues for 

comment. EPA is not changing the PAIR 

reporting requirements or the process 

set forth in 40 CFR 712.30(c). Finally, 40 

CFR 712.30(c) does provide EPA with 

the discretion to withdraw a chemical 

from the PAIR rule if a chemical 

manufacturer submits to EPA 

information showing why a chemical 

should be removed from the PAIR rule.

III. Final Rule

A. What Chemicals are to be Added ?

In this rule, EPA is adding 3 chemical 

substances in the chemical category 

‘‘Pyridinamines’’ and 20 chemical 

substances in the chemical category 

‘‘Tungsten Compounds’’ to the TSCA 

section 8(a) PAIR rule as requested by 

the ITC in its 53rd Report (Ref. 1).

B. Who Must Report Under this PAIR 

Rule?

Persons who manufactured (defined 

by statute to include import) the 

chemicals identified in the regulatory 

text of this document during their latest 

complete corporate fiscal year must 

submit a PAIR Form for each site at 

which they manufactured or imported a 

named substance. Exemptions from this 

reporting requirement are found at 40 

CFR 712.25. A separate form must be 

completed for each substance and 

submitted to the Agency as specified in 

40 CFR 712.28 no later than March 7, 

2005. Persons who have previously and 

voluntarily submitted a PAIR Form to 

the ITC may be able to submit a copy 

of the original report to EPA along with 

an accompanying letter notifying EPA of 

the respondent’s intent that the 

submission be used in lieu of a current 

data submission. Persons who have 

previously and voluntarily submitted a 

PAIR Form to EPA may be able to notify 

EPA by letter of their desire to have this 

voluntary submission accepted in lieu 

of a current data submission. (See 40 

CFR 712.30(a)(3)). 

Details of the PAIR reporting 

requirements, including the basis for 

exemptions, are provided in 40 CFR part 

712. Copies of the PAIR Form are 

available from the general information 

contact person listed under FOR FURTHER

INFORMATION CONTACT. Copies of the 

PAIR Form are also available 

electronically from the Chemical 

Testing and Information Branch Home 

Page on the Internet at http://

www.epa.gov/opptintr/chemtest/

pairform.pdf/.

C. Economic Analysis

The economic analysis for the 

addition of the 23 chemicals to the 

TSCA section 8(a) PAIR rule is entitled 

Economic Analysis for the Addition of 

23 Chemical Abstract Service (CAS)-

numbered Chemicals Requested to be 

added to EPA’s Preliminary Assessment 

Information Reporting (PAIR) Rule in 

the 53rd Report of the TSCA Interagency 

Testing Committee (Ref. 2). A report was 

located on only one of the 23 chemicals 

in EPA’s 2002 Chemical Update System 

(CUS) utilizing the ITC-supplied CAS 

numbers, yielding one company 

producing that one chemical at one site. 

Because the threshold for reporting to 

CUS under the Inventory Update Rule 

through its most recent reporting cycle 

in 2002 was 10,000 lbs., and the 

threshold for PAIR reporting is 500 

kilograms (kg) (1,100 lbs.), and because 

there was no requirement that inorganic 

chemicals be reported to CUS (the 

majority of the tungsten compounds are 

inorganic), EPA assumed that one 

manufacturer exists per chemical to 

account for the possibility that there 

may be manufacturers producing PAIRreportable amounts that were not 

captured by CUS. Given the 

assumptions in this unit, the costs and 

burden associated with this rule are 

estimated in the economic analysis (Ref. 

2) to be the following:

Reporting Costs (dollars) 

23 reports estimated at $345.81 per 

report = $7,953.63 

Total Cost = $31,162.43 

Unit cost of this rule per site/report = 

$31,162.43

Total cost/23 total sites/reports = 

$1,354.89

Reporting Burden (hours) 

Form familiarization: 7 hours/site x 

23 sites =161 hours 

Reporting: 490.71 hours 

Federal Register / Vol. 69, No. 234 / Tuesday, December 7, 2004 / Rules and Regulations 70555

Total burden hours = 651.71 hours 

Unit burden of this rule per site/

report = 651.7

Total hours/23 total sites/reports = 

28.3 hours

EPA Costs (dollars) and Burden (hours)

It is estimated that the annual cost to 

the Federal Government will be 

$5,072.24 (23 reports @ $220.53 each), 

plus 0.0581 Full Time Equivalents 

(FTEs). At an estimated $97,021 per 

FTE, the total of 0.0581 FTEs will cost 

EPA $5,632.35 in salaries, bringing the 

total costs to the Federal Government to 

$10,704.59 (i.e., $5,072.24 + $5,632.35).

IV. Requesting a Chemical be 

Withdrawn from the Rule

As specified in 40 CFR 712.30(c), EPA 

may remove a chemical substance, 

mixture, or category of chemical 

substances from this rule for good cause 

prior to January 6, 2005 if a chemical 

manufacturer submits to EPA 

information showing why a chemical 

should be removed from the PAIR. Any 

chemical manufacturer who believes 

that the reporting required by this rule 

is not warranted for a chemical listed in 

this rule, must submit to EPA detailed 

reasons for that belief. You must submit 

your request to EPA on or before 

December 21, 2004 and in accordance 

with the instructions provided in 40 

CFR 712.30(c), which are briefly 

summarized here. In addition, to ensure 

proper receipt by EPA, you must 

identify docket ID number OPPT– 2004–

0089 in the subject line on the first page 

of your submission. If the Administrator 

withdraws a chemical substance, 

mixture, or category of chemical 

substances from the amendment, a 

Federal Register document announcing 

this decision will be published no later 

than January 6, 2005.

V. Materials in the Docket

The official docket for this rule has 

been established under docket ID 

number OPPT–2004–0089. The official 

public docket is available for review as 

specified in ADDRESSES. The following 

is a listing of the documents that have 

been placed in the official docket for 

this rule:

1. ITC. 2004. Fifty-Third Report of the 

ITC. Federal Register (69 FR 2468, 

January 15, 2004) (FRL–7335–2). 

Available online at http:// www.epa.gov/

fedrgstr/.

2. EPA. 2004. Economic Analysis for 

the Addition of 23 Chemical Abstract 

Service (CAS)-numbered Chemicals 

Requested to be added to EPA’s 

Preliminary Assessment Information 

Reporting (PAIR) Rule in the 53rd Report 

of the TSCA Interagency Testing 

Committee. April 2, 2004.

VI. Statutory and Executive Order 

Reviews

A. Executive Order 12866

The Office of Management and Budget 

(OMB) has exempted actions under 

TSCA section 8(a) related to the PAIR 

rule from the requirements of Executive 

Order 12866, entitled Regulatory 

Planning and Review (58 FR 51735, 

October 4, 1993).

B. Paperwork Reduction Act

The information collection 

requirements contained in TSCA section 

8(a) PAIR rules have already been 

approved by OMB under the provisions 

of PRA, 44 U.S.C. 3501 et seq., and OMB 

control number 2070–0054 (EPA ICR 

No. 0586). The collection activities in 

this final rule are captured by the 

existing approval and do not require 

additional review and/or approval by 

OMB.

EPA estimates that the information 

collection activities related to PAIR 

reporting for all chemicals in this final 

rule will result in an annual public 

reporting burden of 28.3 hours per 

chemical, for a total of 651.7 hours for 

the 23 chemicals (Ref. 2). As defined by 

the PRA and 5 CFR 1320.3(b), ‘‘burden’’

means the total time, effort, or financial 

resources expended by persons to 

generate, maintain, retain, or disclose or 

provide information to or for a Federal 

Agency. This includes the time needed 

to: Review instructions; develop, 

acquire, install, and utilize technology 

and systems for the purposes of 

collecting, validating, and verifying 

information, processing and 

maintaining information, and disclosing 

and providing information; adjust the 

existing ways to comply with any 

previously applicable instructions and 

requirements which have subsequently 

changed; train personnel to be able to 

respond to a collection of information; 

search data sources; complete and 

review the collection of information; 

and transmit or otherwise disclose the 

information.

Under PRA, an agency may not 

conduct or sponsor, and a person is not 

required to respond to, an information 

collection request unless it displays a 

currently valid OMB control number. 

The OMB control numbers for EPA’s 

regulations are listed in 40 CFR part 9 

and included on the related collection 

instrument. EPA is amending the table 

in 40 CFR part 9 to list the OMB 

approval number for the information 

collection requirements contained in 

this final rule. This listing of the OMB 

control numbers and their subsequent 

codification in the CFR satisfies the 

display requirements of PRA and OMB’s 

implementing regulations at 5 CFR part 

1320. This ICR was previously subject to 

public notice and comment prior to 

OMB approval, and given the technical 

nature of the table, EPA finds that 

further notice and comment is 

unnecessary. As a result, EPA finds that 

there is ‘‘good cause’’ under section 

553(b)(B) of the APA, 5 U.S.C. 553(b)(B), 

to amend this table without further 

notice and comment.

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 this final rule will not have 

a significant adverse economic impact 

on a substantial number of small 

entities. The factual basis for the 

Agency’s determination is presented in 

the small entity impact analysis 

prepared as part of the economic 

analysis for this rule (Ref. 2), and is 

briefly summarized here.

For this final rule, EPA has analyzed 

the potential small business impacts 

using the size standards established 

under the default definition of ‘‘small 

business’’ established under section 

601(3) of RFA, which basically uses the 

definition used in section 3 of the Small 

Business Act, 15 U.S.C. 632, under 

which the Small Business 

Administration (SBA) establishes small 

business size standards for each 

industry sector (13 CFR 121.201). The 

SBA size standards, which are primarily 

intended to determine whether a 

business entity is eligible for 

government programs and preferences 

reserved for small businesses (13 CFR 

121.101), ‘‘seek to ensure that a concern 

that meets a specific size standard is not 

dominant in its field of operation’’ (13 

CFR 121.102(b)). (See section 632(a)(1) 

of the Small Business Act.)

The small business size standards 

promulgated by SBA (61 FR 3280, 3289–

3291, January 31, 1996) for chemical 

manufacturers are based solely on the 

number of employees, with a base 

threshold of 1,000 employees for the 

ultimate corporate parent, under which 

all businesses are considered small. Of 

the 23 businesses assumed to be affected 

by this rule, it is unknown how many 

meet this definition of small business. 

To estimate the impact of the rule on a 

business, the preferred method is the 

‘‘sales test,’’ wherein costs for any 

individual firm are measured as a 

percent of annual sales. At a maximum 

cost for any one firm of $1,511.78, the 

firm’s total sales would have to be less 

than $160,000 for this rule to have an 

70556 Federal Register / Vol. 69, No. 234 / Tuesday, December 7, 2004 / Rules and Regulations 

impact of even 1% of sales. Thus, EPA 

has determined that this rule will not 

impose a significant impact on a 

substantial number of small entities.

D. Unfunded Mandates Reform Act

Pursuant to Title II of the Unfunded 

Mandates Reform Act of 1995 (UMRA), 

Public Law 104–4, EPA has determined 

that this rule does not contain a Federal 

mandate that may result in expenditures 

of $100 million or more for State, local, 

and tribal governments, in the aggregate, 

or the private sector in any 1 year. In 

addition, EPA has determined that this 

rule will not significantly or uniquely 

affect small governments. Accordingly, 

the rule is not subject to the 

requirements of UMRA sections 202, 

203, 204, or 205.

E. Executive Order 13132 and 13175

Based on EPA’s experience with past 

TSCA section 8(a) rules, State, local, 

and tribal governments have not been 

impacted by these rules, and EPA does 

not have any reasons to believe that any 

State, local, or tribal government will be 

impacted by this rule. As a result, these 

rules are not subject to the requirements 

in Executive Order 13132, entitled 

Federalism (64 FR 43255, August 10, 

1999) or Executive Order 13175, entitled 

Consultation and Coordination with 

Indian Tribal Governments (65 FR 

67249, November 6, 2000).

F. Executive Order 13045

Executive Order 13045, entitled 

Protection of Children from 

Environmental Health Risks and Safety 

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

not apply to this rule, because it is not 

‘‘economically significant’’ as defined 

under Executive Order 12866, and does 

not concern an environmental health or 

safety risk that may have a 

disproportionate effect on children. This 

rule requires the one-time reporting on 

general production/importation volume, 

end use, and exposure-related 

information to EPA by certain 

manufacturers (including importers) of 

certain chemicals requested by the ITC 

to be added to the PAIR rule in its 53rd

Report (Ref. 1).

G. Executive Order 13211

This rule is not subject to Executive 

Order 13211, entitled Actions 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.

H. National Technology Transfer and 

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). Section 12(d) 

of NTTAA directs EPA to use voluntary 

consensus standards in its regulatory 

activities unless to do so would be 

inconsistent with applicable law or 

otherwise impractical. Voluntary 

consensus standards are technical 

standards (e.g., materials specifications, 

test methods, sampling procedures, and 

business practices) that are developed or 

adopted by voluntary consensus 

standards bodies. The NTTAA directs 

EPA to provide Congress, through OMB, 

explanations when the Agency decides 

not to use available and applicable 

voluntary consensus standards. 

I. Executive Order 12898

This action does not involve special 

considerations of environmental justicerelated issues pursuant to Executive 

Order 12898, entitled Federal Actions to 

Address Environmental Justice in 

Minority Populations and Low-Income 

Populations (59 FR 7629, February 16, 

1994).

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 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 the rule in 

the Federal Register. This rule is not a 

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

804(2).

List of Subjects

40 CFR Part 9

Environmental protection, Reporting 

and recordkeeping requirements.

40 CFR Part 712

Environmental protection, Chemicals, 

Hazardous substances, Health and 

safety, Reporting and recordkeeping 

requirements.

Dated: December 1, 2004.

Charles M. Auer,

Director, Office of Pollution Prevention and 

Toxics.

■ Therefore, 40 CFR chapter I is 

amended as follows:

PART 9—[AMENDED]

■ 1. By amending part 9 as follows:

■ a. The authority citation for part 9 

continues to read as follows:

Authority: 7 U.S.C. 135 et seq., 136–136y; 

15 U.S.C. 2001, 2003, 2005, 2006, 2601–2671; 

21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33 

U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318, 

1321, 1326, 1330, 1342,1344, 1345 (d) and 

(e), 1361; E.O. 11735, 38 FR 21243, 3 CFR, 

1971–1975 Comp. p. 973; 42 U.S.C. 241, 

242b, 243, 246, 300f, 300g, 300g–1, 300g–2, 

300g–3, 300g–4, 300g–5, 300g–6, 300j–1, 

300j–2, 300j–3, 300j–4, 300j–9, 1857 et seq., 

6901–6992k, 7401–7671q, 7542, 9601–9657, 

11023, 11048.

■ b. In § 9.1, the table is amended by 

removing the entries under the 

undesignated center heading ‘‘Chemical 

Information Rules’’ and adding in their 

place the entry below to read as follows:

§ 9.1 OMB approvals under the Paperwork 

Reduction Act.

* * * * *

40 CFR citation OMB control No. 

*****

Chemical Information Rules

Part 712 .......................... 2070–0054

*****

* * * * *

PART 712—[AMENDED]

■ 2. By amending part 712 as follows:

■ a. The authority citation for part 712 

continues to read as follows:

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

■ b. In § 712.30, the table in paragraph (e) 

is amended by adding in alphabetical 

order the category ‘‘Pyridinamines’’

containing 3 chemicals in ascending 

CAS number order and the category 

‘‘Tungsten Compounds’’ containing 20 

chemicals in ascending CAS number 

order to read as follows:

§ 712.30 Chemical lists and reporting 

periods.

* * * * *

(e) * * *

Federal Register / Vol. 69, No. 234 / Tuesday, December 7, 2004 / Rules and Regulations 70557

CAS No. Substance Effective date Reporting date 

*****

Pyridinamines:

462–08–8 3-Pyridinamine ...................................... January 6, 2005 March 7, 2005

504–24–5 4-Pyridinamine ...................................... January 6, 2005 March 7, 2005

504–29–0 2-Pyridinamine ...................................... January 6, 2005 March 7, 2005

*****

Tungsten compounds:

1314–35–8 Tungsten oxide (WO3) .......................... January 6, 2005 March 7, 2005

7440–33–7 Tungsten ............................................... January 6, 2005 March 7, 2005

7783–03–1 Tungstate (WO4

2-), dihydrogen, (T-4)- January 6, 2005 March 7, 2005

7783–82–6 Tungsten fluoride (WF6), (OC-6-11)- .... January 6, 2005 March 7, 2005

7790–60–5 Tungstate (WO4

2-), dipotassium, (T-4)- January 6, 2005 March 7, 2005

7790–85–4 Cadmium tungsten oxide (CdWO4) ...... January 6, 2005 March 7, 2005

10213–10–2 Tungstate (WO4

2-), disodium, dihydrate, (T-4)-.

January 6, 2005 March 7, 2005

11105–11–6 Tungsten oxide (WO3), hydrate ............ January 6, 2005 March 7, 2005

11120–01–7 Sodium tungsten oxide ......................... January 6, 2005 March 7, 2005

11120–25–5 Tungstate (W12(OH)2O4010-), 

decaammonium.

January 6, 2005 March 7, 2005

12027–38–2 Tungstate(4-),[.mu.12-[orthosilicato(4-)-

.kappa.O:.kappa.O:.kappa.O:

.kappa.O’:.kappa.O’:.kappa.O’:

.kappa.O′′:.kappa.O′′:.kappa.O′′

:.kappa.O’′′:.kappa.O’′′

:.kappa.O’′′]]tetracosa-.mu.-

oxododecaoxododeca-,

tetrahydrogen.

January 6, 2005 March 7, 2005

12028–48–7 Tungstate (W12(OH)2O386-), 

hexaammonium.

January 6, 2005 March 7, 2005

12036–22–5 Tungsten oxide (WO2) .......................... January 6, 2005 March 7, 2005

12067–99–1 Tungsten hydroxide oxide phosphate ... January 6, 2005 March 7, 2005

12138–09–9 Tungsten sulfide (WS2) ......................... January 6, 2005 March 7, 2005

12141–67–2 Tungstate (W12(OH)2O386-), 

hexasodium.

January 6, 2005 March 7, 2005

13283–01–7 Tungsten chloride (WCl6), (OC-6-11)- .. January 6, 2005 March 7, 2005

13472–45–2 Tungstate (WO4

2-), disodium, (T-4)- ..... January 6, 2005 March 7, 2005

14040–11–0 Tungsten carbonyl (W(CO)6), (OC-6-

11)-.

January 6, 2005 March 7, 2005

23321–70–2 Tungsten oxide (WO3), dihydrate ......... January 6, 2005 March 7, 2005

*****

* * * * *

[FR Doc. 04–26821 Filed 12–6–04; 8:45 am]

BILLING CODE 6560–50–S

DEPARTMENT OF THE INTERIOR

Office of the Secretary 

Bureau of Land Management 

43 CFR Parts 44 and 1880

RIN 1093–AA09

Payment in Lieu of Taxes

AGENCY: Office of the Secretary; Bureau 

of Land Management, Interior.

ACTION: Final rule.

SUMMARY: This rule amends the Code of 

Federal Regulations to reflect the 

transfer of responsibility for operating 

the Payment in Lieu of Taxes (PILT) 

program from the Bureau of Land 

Management to the Department of the 

Interior (‘‘DOI’’), Office of the Secretary.

DATES: Effective Date: December 7, 2004.

FOR FURTHER INFORMATION CONTACT: Bill 

Howell, OS, Office of Budget, (202) 208–

5308 (Commercial or FTS). Persons who 

use a telecommunications device for the 

deaf (TDD) may call the Federal 

Information Relay Service at 1–800–

877–8339, 24 hours a day, seven days a 

week, to contact Mr. Howell.

SUPPLEMENTARY INFORMATION:

I. Background 

II. Final Rule as Adopted 

III. Procedural Matters

I. Background 

This rule moves the existing 

regulations at 43 CFR 1881 to 43 CFR 

Part 44 to reflect the transfer of 

responsibility for operating the PILT 

program from the Bureau of Land 

Management to the Office of the 

Secretary, DOI. 

Elevating PILT to the Department 

level streamlines the budget process, 

eliminates the competition for dollars at 

the agency level, and ensures that 

appropriate emphasis can be directed to 

PILT as necessary, with a multibureau, 

Departmental funding contribution. 

This is a benefit that would accrue to 

Congress, the Department, BLM, and to 

the counties as well. 

This rule is an administrative action 

to reassign PILT responsibilities from 

one office to another. The changes in the 

regulations pursuant to the notice 

consist of moving the implementing 

regulations from one CFR part to 

another. There is no substantive change 

in the Department’s PILT 

responsibilities. Therefore, DOI has 

determined that it has no substantive 

impact on the public and for good cause 

finds under 5 U.S.C. 553(b)(B) and 

553(d)(3) that notice and public 

procedure thereon are unnecessary and 

that this rule may take effect upon 

publication. 

II. Final Rule as Adopted 

The Department adopts the revisions 

to 43 CFR that deletes subpart 1881 and 

inserts new Part 44 to reflect the transfer 

of responsibility for operating the PILT 

program from the Bureau of Land 

Management to the Department of the 

Interior, Office of the Secretary.