### Federal Register / Vol. 51, No. 96 / Monday, May 19, 1986 / Rules and Regulations

subdivisions for law enforcement or firefighting purposes.

(iii) Vessels owned by, operated by, or under charter to Newport News Shipbuilding and Dry D6ck Co.

(iv) Vessels that are performing work at Newport News Shipbuilding and Dry Dock Co.,including the vessels of subcontractors and other vendors of Newport News Shipbuilding and Dry Dock Co. orother persons that have a contractual relationship with Newport News Shipbuilding and Dry Dock Co.

(v) Vessels that are being built, rebuilt, repaired, orotherwise worked

on at orby Newport News Shipbuilding and DryDock Co. or anotherperson authorized to perform work at the shipyard.

(vi) Vessels that are authorized by Newport News Shipbuilding and Dry Dock Company to moor at and use its facilities.

(vii) Commercial shellfish harvesting vessels properly licensed by the Virginia Marine Resources Commission to harvest clams from the shellfish beds within this zone, during periods and under conditions specified by the Captain ofthe Port.

(2)Any vessel authorized to enter or remain in the security zone may anchor in the security zone anchorage. '

(3) Other vessels desiring access to this zone shall secure permission from the Captain OfThe Port through the Security Office of the U.S. Navy Supervisor ofShipbuilding, Conversion, and Repair at Newport News,Virginia. The request shall be forwarded in a timely manner to the Captain OfThe Port by the appropriate Navy official.

(d)Enforcement.The U.S. Coast Guard may be assisted in the enforcement of this zone by the U.S. Navy.

Dated: May 7, 1986. James C.Irwin, Rear Admiral,U.S. CoastGuard*Commander, FifthCoastGuard District. 

### IFR Doc.86-11011 Filed 5-16-86; 8:45 aml

BILLING CODE 4910-14-M

POSTAL SERVICE

39 CFR Parts 3and 4
Amendment to Bylaws of Board of Governors AGENCY: Postal Service. ACTION: Final rule.
SUMMARY: This final rule amends the bylaws ofthe Board ofGovernors to reflect the creation ofa new senior level position at Headquarters, that of Associate Postmaster General. rEFFECTIVE DATE: April 8,1986. FOR FURTHER INFORMATION CONTACT: Mr.'David F. Harris, (202) 268-4800.

List of Subjects in39 CFR Parts 3and 4

Organization and functions (Government agencies), Postal Service.

Accordingly, the Board amends 39 CFR as follows:

PART 3-BOARD OF GOVERNORS- [ARTICLE III]

1.The authority citation forPart 3is revised to read as follows:

Authority: 39 U.S.C. 202, 203, 205, 401(2), (10), 402, 1003, 3013: 5 U.S.C. 552b (g),)(j). §3.4 [Amended]

2. In paragraph (p) of § 3.4, insert the words "the Associate Postmaster General," immediately before the word "Senior".

3.In paragraph (q) of § 3.4, insert the words "the Associate Postmaster General," immediately before the words. "the Senior". §3.7. [Amended]

4. In paragraph (c) of §3.7, insert the words "Associate Postmaster General" before the words "Senior Assistant Postmasters General'.

PART 4-OFFICERS--[ARTICLE IV]

5.The authority citation for Part 4 is revised to read as set forth below and the authority citations following all the sections in Part 4 are removed.

Authority: 39 U.S.C. 202, 203, 205, 401(2), (10, 1003, 3013. §4.5 [Amended]

6. In the first sentence of § 4.5,insert the words "the Associate Postmaster General," immediately before the word "Senior". David F. Harris, Secretary.
IFR Doc. 86-11151 Filed 5-16-86; 8:45 aml

BILLING CODE 7710-12-M ENVIRONMENTAL PROTECTION

AGENCY
40 CFR Parts 704 and 716 [OPTS-82021A; FRL-3014-6] P-Tert-Butylbenzoic Acid, P-TertButyltoluene, P-TertButylbenzaldehyde; Final Reporting and Recordkeeping Requirements, and Health and Safety Data Reporting
Correction

In FR Doc. 86-10590 beginning on page 17336 in the issue on Monday, May 12, 1986, make the following corrections:

On page,17336, second column, DATES paragraph, fifth line, "May 26, 1986" should read "May 27, 1986".

On page 17339, first column, §704.33 (a)(3), "P-TBT" should read "P-TBB"

BILLING CODE 1505-01-M

40 CFR Parts 712 and 716
[OPTS-82027; FRL-3017-3]

Additionof Chemicals to InformationGathering Rules
AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule.
SUMMARY: The Interagency Testing Committee (ITC)in its Eighteenth Report to EPA recommended that EPA give priority consideration to one chemical substance, phosphoric acid, tributyl ester, CAS. No. 126-73-8, in promulgating a chemical test rule. To assist EPA in its determination ofwhich, ifany: tests are needed for this substance, EPA is adding this substance to two model information gathering rules: the Toxic Substances Control Act (TSCA) section 8(a) Preliminary Assessment Information rule (PAIR) and the TSCA section 8(d) Health and Safety Data Reporting Rule. These model rules will require manufacturers, imjiorters, and processors of this substance to report volume, end use, exposure, and unpublished health and safety data to EPA. The ITC also announced that two chemicals which had been recommended with intent-to-designate by the ITC in its.Seventeenth Report, are
now designated for response within 12 months. DATE: This rule shall become effective

on June 18, 1986.
FOR FURTHER INFORMATION CONTACT. Edward A. Klein, Director, TSCA Assistance Office (TS-799), Office of Toxic Substances, Environmental Protection Agency, Rm. E-543, 401 M St., SW., Washington, DC 20460, Toll free: (800-424-9065). In Washington, DC: (554-1404). Outside the USA: (Operator202-554-1404). SUPPLEMENTARY INFORMATION: I. Background

Section 4(e) ofTSCA established the ITC to recommend to EPA substances and mixtures for priority consideration inpromulgating chemical testrules. For

some of these substances the ITC may designate that EPA respond to its recommendations within 12 months. 

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### Federal Register / Vol. 51, No. 96/ Monday, May 19, 1986 / Rules and Regulations

Within this time, EPA must either initiate a rulemaking to test the substance or state in the Federal Register its reasons for not doing so. For the remainder of the recommended substances, no time limit forAgency response is imposed.

Elsewhere in today's Federal Register, EPA is announcing the receipt of the Eighteenth Report ofthe ITC, which was transmitted to EPA on May 1,1986. The Eighteenth Report revises and updates the Committee's priority list of chemicals and adds one substance, phosphoric acid, tributyl ester, CAS.No. 126-73-8, to the section 4(e) priority list. This rule adds phosphoric acid, tributyl ester to thePAIR and the Section 8[d) Health and Safety Data Reporting Rule which will require reporting ofvolume, end use, exposure, and unpublished health and safety data to EPA. In addition, two chemical substances. which had been recommended with intent-to-designate by the ITC in its Seventeenth Report, are now designated for response within 12 months. This revision does not trigger any new reporting requirements because following the recommendation with intent-to-designate, the two chemicals

were automatically added to the PAIR and the section 8(d) Health and Safety Data Reporting Rule, as published in the Federal Register ofNovember 19, 1985 (50 FR 47538).

To assist EPA in responding to the ITC recommendations, the Agency has provided in both the Preliminary Assessment Information Rule, and the Health and Safety Data Rule, for the automatic addition ofall ITC priority list substances. Whenever EPA announces the receipt ofan ITC report, EPA may, at the same time, without notice and comment, amend the two model infbrmation-gathering rules by adding the recommended substances. Thirty days after publication ofthe amendment, this substance, phosphoric acid, tributyl ester, will be added to the PAIR and the Health'and Safety Data Reporting Rule.

EPA issued PAIR under section 8(a) of TSCA (15 U.S.C. 2607(a)), and it is codified at 40 CFR Part 712. This model section 8(a) rule established standard reporting requirements for manufacturers and importers of the chemicals listed in the rule. These manufacturers and importers are required to submit a one-time report on general volume, end use,and exposure information using the Preliminary Assessment Information Manufacturer's Report (EPA Form 7710-35). EPA uses 

### this model section 8(a) rule to gather current information on substances of

concern quickly.

EPAissued the modelHealth and Safety Data Reporting Rule pnder section 8(d) ofTSCA (15U:S.C. 2607(d)), 

### and it is codified at 40 CFR Part716. The section 8(d) model rule requires past, current, and prospective manufacturers, importers, and processors oflisted chemical substances and mixtures to submit to EPAlists and copies of unpublished health and safety studies
on the listed substances that they manufacture, import, or process. These studies provide EPA with useful information and have provided significant support forEPA's decisionmaking under TSCA sections 4, 5,6, 8,and 9.

II.Chemicals Formerlyinthe "Recommended With Intent-to Designate" Section Now Designated for Response Within12 months

The Seventeenth Report established a third section -f the priority list.The new section is Part Bofthe list and contains those chemicals and categories of chemicals "recommended with intent-todesignate." Part Alists those chemicals, mixtures, andcategories designated for priority consideration and response by EPAwithin 12 months, and Part C contains those chemicals, mixtures, and categories thathave been recommended forpriority consideration without being designated for response within 12 months. Therequire~nent forautomatic reporting under TSCA section 8(a) and section 8(d) includes the chemicals, mixtures, and categories,listed bythe ITC in all the three sections ofthe priority list.

The information received following recommendation with intent-todesignate ofa chemical, mixture, or category ofchemicals may influence the committee either todesignate ornot designate that chemical, mixture, or category forEPA response within 12 months. Revising a "recommended with intent-to-designate" recommendation to "designated for response within 12 months" does not trigger any new reporting requirements because following the recommendation with intent-to-designate, chemicals are automatically added to thePAIR and the section 8(d) Health and Safety Data ReportingRule.

The ITC in its Seventeenth Report to EPA recommended two chemicals with intent-to-designate: cyclohexane, CAS No. 110-82-7 and 2,6-di-lert-butylphenol, CASNo. 128-39-2. 

### Information on cyclohexane reviewed bythe ITCin response to the Seventeenth Report included any public comments on the recommendations; production volume,use, exposure and release information reported by manufacturers of cyclohexane under PAIR; health and safety studies submitted under theHealth and Safety Data Reporting Rule and any unpublished and published data available to the ITC.The information included acute toxicity studies, skinand eye irritation studies and additional genotoxicity studies. Summary data from acute toxicity, skin irritation and repeated dose studies werealso received from other submitters. Additionally, although ecological effects testing was not recommended for cyclohexane, information dealing with environmental persistence was also received.

After reviewing theinformation, the ITC concluded thatdata are stilllacking

on chronic (2-year)effects, especially oncogenicity and neurotoxicity. Teratogenic and reproductive effects studies are also absent. For these reasons, and for thereasons presented in its Seventeenth Report, theITC in its Eighteenth Report announced that the chemical cyclohexane, CAS No. 110-82- 7is now designated forresponse within 12 months.

Information on 2,6-di-tert-butylphenol reviewed by theITC in response to the Seventeenth Report alsoincluded any public comments onthe recommendations; production volume, use, exposure andrelease inf6rmation reported bymanufacturers of2,6-di-tertbutylphenol under PAIR; health and safety studies submitted under the Health and SafetyData Reporting Rule and any unpublished and published data available to the ITC.The information included data on acute oral and percutaneous LDsostudies withrats; skin and eye irritation with rabbits; skin depigmentation, skin sensitization and delayed contact hypersensitivity with guinea pigs; rathepatocyte primary culture and DNArepair tests; and Ames Salmonella microsomal assay; intravenous toxicity to mice, and a report on thephysiological response of experimental animals to the absorption ofalkylated phenols and anilines.A summary ofecological effects was also received.

After reviewing the information, the ITCconcluded thatdata are still lacking

on toxicokinetics, chronic toxicity, persistence in sediments, acute toxicity II • .I

... . .. . , • I I II I I 18324

### Federal Register./ Vol. 51, No. 96 / Monday, May 19, 1986 / Rules and Regulations

tobenthic organisms and bioconcentration in benthic organisms. For these reasons, and for thereasons presented in its Seventeenth Report, the ITC in itsEighteenth Report announced that the chemcial 2,6-di-tert-butylphenol is now designated forresponse within 12 months.
III. Chemical to be Added

The newly added ITC priority list substance for which reporting is required under 40CFR Parts 712 and 716 is listed below by Chemical Abstract Service (CAS) Registry Number:
RecommendedwithIntent-to-Designate:

CAS No. Name

126-73-8

.................... Phosphoric acid. tributyl ester.



### IV. Reporting Requirements
A. Preliminary AssessmentInformation Rule

All persons whomanufactured or imported the chemical named in this rule during their latest complete corporate fiscal year must submit a Preliminary Assessment Information Manufacturer's Report (EPAForm No. 7710-35) foreach manufacturing or importing site at which they manufactured or imported a listed substance. Theform mustbe submitted to theAgency no later than August 18, 1986. Persons whohave previously and voluntarily submitted a Manufacturer's Report to the ITC orEPA should read. §712.30(a)(3). This section allows these persons to submit a copy ofthe original Report to EPA orto notify EPAby letter oftheir desire to have its submission accepted in lieu ofa current data submission.

Complete details ofthe reporting requirements, including the small manufacturers' exemption, other exemptions, and a facsimile ofthe reporting form are fully described in 40 CFRPart 712.Copies ofthe form are available from theTSCA Assistance Office at the address given under FOR FURTHER INFORMATION CONTACT.


### B.HealthandSafetyData Reporting Rule

Listed below are the general reporting requirements ofthe section 8(d) model rule.

1.Persons who,in the 10 years preceding the date a substance is listed, either have proposed to manufacture, import, orprocess; or have manufactured, imported, or processed the listed substance must submit to EPA: A copy ofeach health and safety study which is in their possession at the time the substance is listed.

2. Persons who, at the time the substance is listed, propose to manufacture, import, or process; or are manufacturing, importing, orprocessing the listed substance must submit to EPA:

a. A copy of each health and safety study which isin theirpossession at the time the substance is listed.

b. A list of health and safety studies known to them but not in their possession at the time the substance is listed.

c. A list ofhealth and safety studies that are ongoing at the time the substance is listed and are being conducted by or forthem.

d. A list of each health and safety study that is initiated after the date the substance is listed and is, conducted by

or for them.

e. A copy ofeach health and safety study that was previously listed as ongoing or subsequently initiated and is

now complete--regardless of Completion date.

3. Persons who, after thetime the substance is listed, propose to manufacture, import, orprocess the listed substance must submit toEPA:

a. A copy ofeach health and safety study which is in their possession at the time they propose to manufacture, import, orprocess tie listed substance.

b. A list ofhealth and safety studies known to them but not in their possession at the time they propose to manufacture, import, orprocess the listed substance.

c.A list ofhealth and safety studies that are ongoing at the time they propose to manufacture, import, or process the listed substance, and are being conducted by or forthem. *

d. A list ofeach health and safety study that is'initiated after the time they propose to manufacture, import, or process the listed substance, and is conducted by orfor them.

e. A copy ofeach health and safety study that was previously listed as ongoing or subsequently initiated and is

now complete-regardless ofthe completion date.

Detailed guidance forreporting unpublished health and safety data is provided in 40 CFR Part 716. Also found in Part716 are the reporting exemptions.
C.RemovalofChemicalsFromthe Rules

Any person who believes that section 8 (a) or (d) reporting required by this rule on aparticular substance is unwarranted, should promptly submit to the Agency in detail the reasons for that belief.The request for removal ofa 

### substanc6 from thisrule must be received by EPA within 14 days ofthe publication ofthe rule. If EPA withdraws a substance from the rule, the Agency will issue a rule amendment forpublication.in the Federal Register.
V. Release ofAggregate Data

The Agency will follow procedures for the release of aggregate data as prescribed in a rule-related notice published in the Federal Register ofJune 13, 1983 (48 FR 27041). Included in the notice are procedures for requesting exemptions from the release of aggregate data. Exemption requests concerning the release ofaggregate data

on any chemical substance must be received by EPA no later thanAugust 18, 1986.
VI. Economic Analysis
A. Preliminary Assessment Information Rule

EPA estimates that the PAIR reporting cost ofthis rule is $9,786. To calculate this figure, EPA used the TSCA Inventory and other sources to generate

a list ofpast, and possibly current, manufacturers and importers ofthis substance. Five companies operating at approximately five sites were identified

as potential manufacturers ana three companies were identified as potential importers ofthe chemical. Since one of the companies may qualify as small businesses as defined in40 CFR 712.25(c), EPA estimates that seven firms may be required to report a total of

seven reports.
Reporting cost (dollars):

(a) 7 reports expected at $762/

report
.................................................. $5,334 (b) 7 familiarization cases at

$636/case

........................................... $4,452
Total

............................................... $9,786 Average cost per site

............... $1,398 Average cost perfirm

......................... $1,398 Reporting burden (hours):

(a) Familiarization (18 hours per

site times 7sites/importers)

.......... 126 (b)Reporting (16 hours per report

times 7reports)

................................. 112

Total

............................................. 238

Note.-EPA Cost. Processing Cost=($861report times 7 reports)=$602.

B.HealthandSafetyDataReporting Rule

EPA estimates that the total reporting cost for establishing section 8(d) reporting requirements for this substance is$6,671'. This cost estimate is relatively high, because the Agency is uncertain about the likely number of

/ respondents to the rule. Although EPA 

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### Federal Register 

## / Vol. 51, No. 96 / Monday, May 19, 1986 / Rules and Regulations

has used the best available data to make its economic projections, much of the data is not current. In view ofthis, EPA has chosen to overestimate rather than underestimate the reporting burden.

Nevertheless, the cost of this proposed rule is low in comparison with its potential benefits. Health and safety studies concerning this substance would improve EPA's ability to identify potential public health and environmental problems with regard to thischemical. The Agency therefore wouldbe better able to determine whether furtherregulatory action would be necessary.

The estimated reporting costs are broken down as follows:
Initial-corporate review

.......................... $2,448 

### Site identification/File search

........ 918 File searches at affected sites

............... 1,782 Title listing

................................................. 114 

### Photocopying

.................. 185 

### Managerial review

.............. 918 Ongoing reporting

............... 306 T

otal

................................................... 6,671



### VII. Rulemaking Record

The following documents constitute the publicrecord for this rule (docket control number OPTS-82027). All of these documents are available to the public in the OTS Reading Room from 8

a.m. to4 p.m., Monday through Friday, excluding legal holidays.The OTS Reading Room is located atEPA Headquarters, Rm. E-107, 401 M St., SW., Washington, DC.

1.This final rule. 2.The economic analyses forthis rule. 3.The Eighteenth Report ofthe Interagency Testing Committee.
VIII. Regulatory Assessment Requirements
A. Executive Order 12291 UnderExecutive Order 12291, EPA 

### mustjudge whether a regulation is "major" and, therefore, subject to the 

### requirement ofaRegulatory Impact Analysis. This regulation is not a major rule because itwill not result in an effect on the economy of$100 million or more, an increase incosts or prices, or any ofthe adverse effgcts described in the Executive Order.

This amendment was not submitted to the Office ofManagement and Budget (OMB) review, because the automatic listing ofrecommended or designated substances is provided for in40 CFR 712.30(c) and 716.18(b)-final rules which have been previously reviewed by OMB under the terms ofthe Executive Order. B.Paperwork ReductionAct Theinformation collection requirements contained in this rulehave been approved by the OMB under the provision ofthePaperwork Reduction Act of 1980,44 U.S.C.3501 et seq. and have been assigned OMB control numbers 2070-0054 and 2070-0004. List ofSubjectsin 40CFR Parts 712 and 716

Chemicals, Environmental protection, Hazardous substances, Health and safety data, Recordkeeping and reporting requirements.

Dated: May 6, 1986. 

### Joseph 1. Merenda, Director, ExistingChemicalAssessment Division,OfficeofToxic Substonces.



### Therefore, 40CFR Parts 712 and716

are amended as follows:
PART 712-AMENDED]

1.In Part 712:
a. The authority citation continues to read as follows:

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

### b. Section 712.30 is amended by adding paragraph (q)to read as follows: §

712.30 Chemical listsand reporting periods.

(q) A Preliminary Assessment Information Manufacturer's Report must be submitted by August 18, 1986, for each chemical substance listed below.

CAS No, Name

126-73-8

.................... Phosphoric acid, tributyl ester.



### PART716-[AMENDED]

2. InPart 716:

a. The authority citation continues to 

### read as follows:

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

### b. Section 716.17 is amended by addingparagraph (aJ(171 to read as follows: §716.17 Substances and designated mixturestowhichthissubpartapplies.



### (a) * * * (17) As ofJune 18, 1986, the following 

### chemical substances are added to this section:

CAS No. Name

126-73-8

................. Phosphoric acid, tributyl ester.

* * *t * * 

### IFR Doc. 86-11069 Filed5-16-86; 8:45 am)

BILLING CODE 6560-50-M 40 CFR Part 763 [OPTS-62044A; FRL2965-7]

ToxicSubstances; Asbestos Abatement Projects Correctioji

In FR Doc. 86-9190 beginning on page 15722 in the issue ofFriday, April 25, 1986, make the following corrections:

1.On page 15722, in the third column, in the twenty-fifth line ofthe "SUPPLEMENTARY INFORMATION" "routing" should read "routine";

2.On page 15726, in the third column, in the sixth line ofthethird complete paragraph, "0.5f/cc" should read "0.05f/ cc";

3. On page 15729, in the first column, in the third line under the heading "VIII. Enforcement", insert "under" after "promulgated";

4. On page 15730, in the second column, in §763.121(b)(2), eighth line "(3)" should read "(el"; and

5. On page 15733, in the third column, in §763.125(e), fourth line "7of17" should read "7 or17".

BILLING CODE 1505-01-M

DEPARTMENT OF THE INTERIOR

-Office of Hearings and Appeals

43 CFR Part 4 Hearings and Appeals Procedures; Change ofTime Period for Filing Notices ofAppeal In Indian Probate Proceedings
AGENCY: Office ofHearings and Appeals, Interior. ACTION: Final rule.
SUMMARY: This Office amends its regulations to change the time period for filing notices ofappeal in Indian probate proceedings, This action is-being taken to facilitate determinations offinality of non-appealed decisions, and so to expedite distribution ofIndian trust estates. EFFECTIVE DATE:June 18,1986. FOR FURTHER INFORMATION CONTACT:, Bruce A. Johnson, Deputy Director, Office ofHearings and Appeals, (703) 235-3810. SUPPLEMENTARY INFORMATION: On November 25, 1985, the Office of Hearings and Appeals published proposed regulations providing for the amendment of the present regulation concerning the date for filing a notice of appeal with the Board ofIndian Appeals from decisions ofAdministrative Law Judges (Indian Probate]. 

### 18326