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. or other persons that have a

contractual relationship with Newport

News Shipbuilding and Dry Dock Co.

(v) Vessels that are being built,

rebuilt, repaired, or otherwise worked

on at or by Newport News Shipbuilding

and Dry Dock Co. or another person

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 of the 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 Of The Port through the

Security Office of the U.S. Navy

Supervisor of Shipbuilding, Conversion,

and Repair at Newport News, Virginia.

The request shall be forwarded in a

timely manner to the Captain Of The

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. Coast Guard*Commander,

Fifth Coast Guard District.

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

BILLING CODE 4910-14-M

POSTAL SERVICE

39 CFR Parts 3 and 4

Amendment to Bylaws of Board of

Governors

AGENCY: Postal Service.

ACTION: Final rule.

SUMMARY: This final rule amends the

bylaws of the Board of Governors to

reflect the creation of a 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 in 39 CFR Parts 3 and 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 for Part 3 is

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]

Addition of 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 of which,

if any: 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) of TSCA established the

ITC to recommend to EPA substances

and mixtures for priority consideration

in promulgating chemical test rules. For

some of these substances the ITC may

designate that EPA respond to its

recommendations within 12 months.

18323
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 for Agency

response is imposed.

Elsewhere in today's Federal Register,

EPA is announcing the receipt of the

Eighteenth Report of the 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 the PAIR and the Section 8[d)

Health and Safety Data Reporting Rule

which will require reporting of volume,

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 of November 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 of all ITC priority list

substances. Whenever EPA announces

the receipt of an 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 of the

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.

EPA issued the model Health and

Safety Data Reporting Rule pnder

section 8(d) of TSCA (15 U:S.C. 2607(d)),

and it is codified at 40 CFR Part 716. The

section 8(d) model rule requires past,

current, and prospective manufacturers,

importers, and processors of listed

chemical substances and mixtures to

submit to EPA lists 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 for EPA's

decisionmaking under TSCA sections 4,

5, 6, 8, and 9.

II. Chemicals Formerly in the

"Recommended With Intent-to

Designate" Section Now Designated for

Response Within 12 months

The Seventeenth Report established a

third section -f the priority list. The new

section is Part B of the list and contains

those chemicals and categories of

chemicals "recommended with intent-todesignate." Part A lists those chemicals,

mixtures, and categories designated for

priority consideration and response by

EPA within 12 months, and Part C

contains those chemicals, mixtures, and

categories that have been recommended

for priority consideration without being

designated for response within 12

months. The require~nent for automatic

reporting under TSCA section 8(a) and

section 8(d) includes the chemicals,

mixtures, and categories, listed by the

ITC in all the three sections of the

priority list.

The information received following

recommendation with intent-todesignate of a chemical, mixture, or

category of chemicals may influence the

committee either to designate or not

designate that chemical, mixture, or

category for EPA 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 the PAIR and the

section 8(d) Health and Safety Data

Reporting Rule.

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,

CAS No. 128-39-2.

Information on cyclohexane reviewed

by the ITC in 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 the Health and Safety

Data Reporting Rule and any

unpublished and published data

available to the ITC. The information

included acute toxicity studies, skin and

eye irritation studies and additional

genotoxicity studies. Summary data

from acute toxicity, skin irritation and

repeated dose studies were also

received from other submitters.

Additionally, although ecological effects

testing was not recommended for

cyclohexane, information dealing with

environmental persistence was also

received.

After reviewing the information, the

ITC concluded that data are still lacking

on chronic (2-year) effects, especially

oncogenicity and neurotoxicity.

Teratogenic and reproductive effects

studies are also absent. For these

reasons, and for the reasons presented

in its Seventeenth Report, the ITC in its

Eighteenth Report announced that the

chemical cyclohexane, CAS No. 110-82-

7 is now designated for response within

12 months.

Information on 2,6-di-tert-butylphenol

reviewed by the ITC in response to the

Seventeenth Report also included any

public comments on the

recommendations; production volume,

use, exposure and release inf6rmation

reported by manufacturers of 2,6-di-tertbutylphenol under PAIR; health and

safety studies submitted under the

Health and Safety Data Reporting Rule

and any unpublished and published data

available to the ITC. The information

included data on acute oral and

percutaneous LDso studies with rats;

skin and eye irritation with rabbits; skin

depigmentation, skin sensitization and

delayed contact hypersensitivity with

guinea pigs; rat hepatocyte primary

culture and DNA repair tests; and Ames

Salmonella microsomal assay;

intravenous toxicity to mice, and a

report on the physiological response of

experimental animals to the absorption

of alkylated phenols and anilines. A

summary of ecological effects was also

received.

After reviewing the information, the

ITC concluded that data are still lacking

on toxicokinetics, chronic toxicity,

persistence in sediments, acute toxicity

I I • .I . . . . . . . , • I I I I I I

18324
Federal Register./ Vol. 51, No. 96 / Monday, May 19, 1986 / Rules and Regulations

to benthic organisms and

bioconcentration in benthic organisms.

For these reasons, and for the reasons

presented in its Seventeenth Report, the

ITC in its Eighteenth Report announced

that the chemcial 2,6-di-tert-butylphenol

is now designated for response within 12

months.

III. Chemical to be Added

The newly added ITC priority list

substance for which reporting is

required under 40 CFR Parts 712 and 716

is listed below by Chemical Abstract

Service (CAS) Registry Number:

Recommended with Intent-to-Designate:

CAS No. Name

126-73-8 .................... Phosphoric acid. tributyl ester.

IV. Reporting Requirements

A. Preliminary Assessment Information

Rule

All persons who manufactured or

imported the chemical named in this

rule during their latest complete

corporate fiscal year must submit a

Preliminary Assessment Information

Manufacturer's Report (EPA Form No.

7710-35) for each manufacturing or

importing site at which they

manufactured or imported a listed

substance. The form must be submitted

to the Agency no later than August 18,

1986. Persons who have previously and

voluntarily submitted a Manufacturer's

Report to the ITC or EPA should read.

§ 712.30(a)(3). This section allows these

persons to submit a copy of the original

Report to EPA or to notify EPA by letter

of their desire to have its submission

accepted in lieu of a current data

submission.

Complete details of the reporting

requirements, including the small

manufacturers' exemption, other

exemptions, and a facsimile of the

reporting form are fully described in 40

CFR Part 712. Copies of the form are

available from the TSCA Assistance

Office at the address given under FOR

FURTHER INFORMATION CONTACT.

B. Health and Safety Data Reporting

Rule

Listed below are the general reporting

requirements of the 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, or process; or have

manufactured, imported, or processed

the listed substance must submit to EPA:

A copy of each 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, or processing

the listed substance must submit to EPA:

a. A copy of each health and safety

study which is in their possession 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 of health and safety studies

that are ongoing at the time the

substance is listed and are being

conducted by or for them.

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 of each 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 the time the

substance is listed, propose to

manufacture, import, or process the

listed substance must submit to EPA:

a. A copy of each health and safety

study which is in their possession at the

time they propose to manufacture,

import, or process tie listed substance.

b. A list of health and safety studies

known to them but not in their

possession at the time they propose to

manufacture, import, or process the

listed substance.

c. A list of health 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 for them. *

d. A list of each health and safety

study that is'initiated after the time they

propose to manufacture, import, or

process the listed substance, and is

conducted by or for them.

e. A copy of each health and safety

study that was previously listed as

ongoing or subsequently initiated and is

now complete-regardless of the

completion date.

Detailed guidance for reporting

unpublished health and safety data is

provided in 40 CFR Part 716. Also found

in Part 716 are the reporting exemptions.

C. Removal of Chemicals From the

Rules

Any person who believes that section

8 (a) or (d) reporting required by this

rule on a particular substance is

unwarranted, should promptly submit to

the Agency in detail the reasons for that

belief. The request for removal of a

substanc6 from this rule must be

received by EPA within 14 days of the

publication of the rule. If EPA

withdraws a substance from the rule,

the Agency will issue a rule amendment

for publication.in the Federal Register.

V. Release of Aggregate Data

The Agency will follow procedures for

the release of aggregate data as

prescribed in a rule-related notice

published in the Federal Register of June

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 of aggregate data

on any chemical substance must be

received by EPA no later than August

18, 1986.

VI. Economic Analysis

A. Preliminary Assessment Information

Rule

EPA estimates that the PAIR reporting

cost of this rule is $9,786. To calculate

this figure, EPA used the TSCA

Inventory and other sources to generate

a list of past, and possibly current,

manufacturers and importers of this

substance. Five companies operating at

approximately five sites were identified

as potential manufacturers ana three

companies were identified as potential

importers of the chemical. Since one of

the companies may qualify as small

businesses as defined in 40 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

T otal ............................................... $9,786

Average cost per site ............... $1,398

Average cost per firm ......................... $1,398

Reporting burden (hours):

(a) Familiarization (18 hours per

site times 7 sites/importers) .......... 126

(b) Reporting (16 hours per report

tim es 7 reports) ................................. 112

T otal ............................................. 238

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

reports) =$602.

B. Health and Safety Data Reporting

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

18325
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 of this,

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

this chemical. The Agency therefore

would be better able to determine

whether further regulatory 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

T itle listing ................................................. 114

Photocopying .................. 185

Managerial review .............. 918

Ongoing reporting ............... 306

T otal ................................................... 6,671

VII. Rulemaking Record

The following documents constitute

the public record 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. to 4 p.m., Monday through Friday,

excluding legal holidays. The OTS

Reading Room is located at EPA

Headquarters, Rm. E-107, 401 M St.,

SW., Washington, DC.

1. This final rule.

2. The economic analyses for this rule.

3. The Eighteenth Report of the

Interagency Testing Committee.

VIII. Regulatory Assessment

Requirements

A. Executive Order 12291

Under Executive Order 12291, EPA

must judge whether a regulation is

"major" and, therefore, subject to the

requirement of a Regulatory Impact

Analysis. This regulation is not a major

rule because it will not result in an

effect on the economy of $100 million or

more, an increase in costs or prices, or

any of the adverse effgcts described in

the Executive Order.

This amendment was not submitted to

the Office of Management and Budget

(OMB) review, because the automatic

listing of recommended or designated

substances is provided for in 40 CFR

712.30(c) and 716.18(b)-final rules

which have been previously reviewed

by OMB under the terms of the

Executive Order.

B. Paperwork Reduction Act

The information collection

requirements contained in this rule have

been approved by the OMB under the

provision of the Paperwork Reduction

Act of 1980, 44 U.S.C. 3501 et seq. and

have been assigned OMB control

numbers 2070-0054 and 2070-0004.

List of Subjects in 40 CFR 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, Existing ChemicalAssessment

Division, Office of Toxic Substonces.

Therefore, 40 CFR Parts 712 and 716

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 lists and 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.

PART 716-[AMENDED]

2. In Part 716: a. The authority citation continues to

read as follows:

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

b. Section 716.17 is amended by

adding paragraph (aJ(171 to read as

follows:

§ 716.17 Substances and designated

mixtures to which this subpart applies.

(a) * * *

(17) As of June 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 Filed 5-16-86; 8:45 am)

BILLING CODE 6560-50-M

40 CFR Part 763

[OPTS-62044A; FRL 2965-7]

Toxic Substances; Asbestos

Abatement Projects

Correctioji

In FR Doc. 86-9190 beginning on page

15722 in the issue of Friday, April 25,

1986, make the following corrections:

1. On page 15722, in the third column,

in the twenty-fifth line of the

"SUPPLEMENTARY INFORMATION"

"routing" should read "routine";

2. On page 15726, in the third column,

in the sixth line of the third 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 "7 of 17"

should read "7 or 17".

BILLING CODE 1505-01-M

DEPARTMENT OF THE INTERIOR

-Office of Hearings and Appeals

43 CFR Part 4

Hearings and Appeals Procedures;

Change of Time Period for Filing

Notices of Appeal In Indian Probate

Proceedings

AGENCY: Office of Hearings and

Appeals, Interior.

ACTION: Final rule.

SUMMARY: This Office amends its

regulations to change the time period for

filing notices of appeal in Indian probate

proceedings, This action is-being taken

to facilitate determinations of finality of

non-appealed decisions, and so to

expedite distribution of Indian trust

estates.

EFFECTIVE DATE: June 18, 1986.

FOR FURTHER INFORMATION CONTACT:,

Bruce A. Johnson, Deputy Director,

Office of Hearings 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 of Indian Appeals

from decisions of Administrative Law

Judges (Indian Probate].

18326