Federal Register / Vol. 72, No. 82 / Monday, April 30, 2007 / Rules and Regulations 21119 

Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

This rule also is not subject to 

Executive Order 13045 ‘‘Protection of 

Children from Environmental Health 

Risks and Safety Risks’’ (62 FR 19885, 

April 23, 1997), because it approves a 

state rule implementing a Federal 

standard. 

National Technology Transfer 

Advancement Act 

In reviewing SIP submissions, EPA’s 

role is to approve state choices, 

provided that they meet the criteria of 

the Clean Air Act. In this context, in the 

absence of a prior existing requirement 

for the state to use voluntary consensus 

standards (VCS), EPA has no authority 

to disapprove a SIP submission for 

failure to use VCS. It would thus be 

inconsistent with applicable law for 

EPA, when it reviews a SIP submission, 

to use VCS in place of a SIP submission 

that otherwise satisfies the provisions of 

the Clean Air Act. Thus, the 

requirements of section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply. 

Paperwork Reduction Act 

This rule does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

Act of 1995 (44 U.S.C. 3501 et seq.). 

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. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

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

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by June 29, 2007. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this rule for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action may not 

be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2)). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: April 6, 2007. 

Walter W. Kovalick, 

Acting Regional Administrator, Region 5. 

■ For the reasons stated in the preamble, 

part 52, chapter I, title 40 of the Code 

of Federal Regulations is amended as 

follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart O—Illinois 

■ 2. Section 52.720 is amended by 

adding paragraph (c)(177) to read as 

follows: 

§ 52.720 Identification of plan. 

* * * * * 

(c) * * * 

(177) On May 31, 2006, the Illinois 

Environmental Protection Agency 

submitted a requested revision to the 

Illinois State Implementation Plan. This 

revision provides additional exemptions 

from State of Illinois permit 

requirements codified by the State at 

Part 201 of Title 35 of the Illinois 

Administrative Code (35 IAC Part 201). 

(i) Incorporation by reference. 

Illinois Administrative Code, Title 35: 

Environmental Protection, Subtitle B: 

Air Pollution, Chapter I: Pollution 

Control Board, Subchapter a: Permits 

and General Provisions, Part 201 

Permits and General Provisions, Subpart 

C: Prohibitions, Section 201.146 

Exemptions from State Permit 

Requirements paragraphs (hhh), (iii), 

(jjj), (kkk), and (lll). Amended at 30 Ill. 

Reg. 4901, effective March 3, 2006. 

[FR Doc. E7–8104 Filed 4–27–07; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 712 and 716 

[EPA–HQ–OPPT–2005–0014 and EPA–HQ–

OPPT–2005–0055; FRL–8124–9] 

RIN 2070–AB08 and 2070–AB11 

Removal of Two Chemical Substances 

from Preliminary Assessment 

Information Reporting and Health and 

Safety Data Reporting Rules 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: This direct final rule the 

removes chemical substances 

phosphorotrithious acid, tributyl ester, 

CAS No. 150–50–5, and 

phosphorodithioic acid, O,O–diethyl 

ester, sodium salt, CAS No. 3338–24–7, 

which were inadvertently added to the 

list of voluntary High Production 

Volume (HPV) Challenge Program 

orphan (unsponsored) chemical 

substances by EPA. As a result, these 

chemical substances were inadvertently 

added to two final rules: The 

Preliminary Assessment Information 

Reporting (PAIR) rule (Toxic Substances 

Control Act (TSCA) section 8(a)) and the 

Health and Safety Data Reporting rule 

(TSCA section 8(d)), both published in 

the Federal Register issue of August 16, 

2006. With this removal action, persons 

who manufacture (including import) 

either of these two chemical substances 

are no longer subject to the reporting 

requirements imposed by these TSCA 

section 8(a) and 8(d) rules. 

DATES: This rule is effective on June 29, 

2007 without further notice, unless EPA 

receives adverse comment on or before 

May 30, 2007. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

numbers EPA–HQ–OPPT–2005–0014 

and EPA–HQ–OPPT–2005–0055, 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 

and Toxics (OPPT), Environmental 

Protection Agency, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460–

0001. 

• Hand Delivery: OPPT Document 

Control Office (DCO), EPA East Bldg., 

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

Washington, DC. Attention: Docket ID 

Numbers EPA–HQ–OPPT–2005–0014 

and EPA–HQ–OPPT–2005–0055. The 

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


pwalker on PROD1PC71 with RULES
21120 Federal Register / Vol. 72, No. 82 / Monday, April 30, 2007 / Rules and Regulations 

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 numbers EPA–HQ–OPPT–

2005–0014 and EPA–HQ–OPPT–2005–

0055. EPA’s policy is that all comments 

received will be included in the docket 

without change and may be made 

available on-line at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through regulations.gov or email. 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 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 the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the docket 

are listed in the docket index available 

in regulations.gov. To access the 

electronic docket, go to http:// 

www.regulations.gov, select ‘‘Advanced 

Search,’’ then ‘‘Docket Search.’’ Insert 

the docket ID number where indicated 

and select the ‘‘Submit’’ button. Follow 

the instructions on the regulations.gov 

web site to view the docket index or 

access available documents. 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, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available electronically at 

http://www.regulations.gov, or, if only 

available in hard copy, at the OPPT 

Docket. The OPPT Docket is located in 

the EPA Docket Center (EPA/DC) at Rm. 

3334, EPA West Bldg., 1301 

Constitution Ave., NW., Washington, 

DC. The EPA/DC Public Reading Room 

hours of operation are 8:30 a.m. to 4:30 

p.m., Monday through Friday, excluding 

Federal holidays. The telephone number 

of the EPA/DC Public Reading Room is 

(202) 566–1744, and the telephone 

number for the OPPT Docket is (202) 

566–0280. Docket visitors are required 

to show photographic identification, 

pass through a metal detector, and sign 

the EPA visitor log. All visitor bags are 

processed through an X-ray machine 

and subject to search. Visitors will be 

provided an EPA/DC badge that must be 

visible at all times in the building and 

returned upon departure. 

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) either of 

the two chemical substances listed in 

this direct final rule. Entities potentially 

affected by this action may include, but 

are not limited to: 

•Chemical manufacturers (including 

importers), (NAICS codes 325, 32411), 

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? 

In addition to accessing an electronic 

copy of this Federal Register document 

through the electronic docket at http:// 

www.regulations.gov, you may access 

this ‘‘Federal Register’’ document 

electronically through the EPA Internet 

under the ‘‘Federal Register’’ listings at 

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

updated electronic versions of 40 CFR 

parts 712 and 716 are available through 

the Government Printing Office’s pilot 

e-CFR site at http://www.gpoaccess.gov/ 

ecfr. 

C. What Should I Consider as I Prepare 

My Comments for EPA? 

1. Submitting CBI. Do not submit this 

information to EPA through 

regulations.gov or e-mail. Clearly mark 

the part or all of the information that 

you claim to be CBI. For CBI 

information in a disk or CD-ROM that 

you mail to EPA, mark the outside of the 

disk or CD-ROM that you mail to EPA, 

mark the outside of the disk or CD-ROM 

as CBI and then identify electronically 

within the disk or CD-ROM the specific 

information that is claimed as CBI. In 

addition to one complete version of the 

comment that includes information 

claimed as CBI, a copy of the comment 

that does not contain the information 

claimed as CBI must be submitted for 

inclusion in the public docket. 

Information so marked will not be 

disclosed except in accordance with 

procedures set forth in 40 CFR part 2. 

2. Tips for preparing your comments. 

When submitting comments, remember 

to: 

i. Identify the document by docket 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. 


pwalker on PROD1PC71 with RULES
Federal Register / Vol. 72, No. 82 / Monday, April 30, 2007 / Rules and Regulations 21121 

vii. Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

viii. Make sure to submit your 

comments by the comment period 

deadline identified. 

II. Background 

A. What Action is the Agency Taking? 

The chemical substances 

phosphorotrithious acid, tributyl ester, 

CAS No. 150–50–5, and 

phosphorodithioic acid, O,O–diethyl 

ester, sodium salt, CAS No. 3338–24–7, 

are being removed from the table in 40 

CFR 712.30(e) of the TSCA section 8(a) 

PAIR rule published in the Federal 

Register of August 16, 2006 (Ref. 1), and 

the table in 40 CFR 716.120(d) of the 

TSCA section 8(d) Health and Safety 

Data Reporting rule published in the 

Federal Register of August 16, 2006 

(Ref. 2). On August 16, 2006, EPA 

published a final PAIR rule under TSCA 

section 8(a) (40 CFR part 712), which 

requires manufacturers (including 

importers) of chemical substances in the 

category of voluntary HPV Challenge 

Program orphan (unsponsored) 

chemical substances on the ITC’s TSCA 

section 4(e) Priority Testing List to 

submit a one–time report on general 

production/importation volume, end 

use, and exposure-related information to 

EPA. Also on August 16, 2006, EPA 

published a final Health and Safety Data 

Reporting rule under TSCA section 8(d) 

(40 CFR part 716), which requires 

manufacturers (including importers) of 

chemical substances in this category of 

voluntary HPV Challenge Program 

orphan (unsponsored) chemical 

substances to submit certain 

unpublished health and safety data to 

EPA. On September 15, 2006, EPA 

published a final rule (Ref. 3) that 

revised the effective date of the two 

rules published on August 16, 2006. The 

effect of this action is that persons who 

manufacture (including import) either of 

the two chemical substances are not 

subject to the reporting requirements 

imposed by the final TSCA section 8(a) 

and 8(d) rules published on August 16, 

2006, and the rule published on 

September 15, 2006 (Ref. 3), that 

changed the effective date for these two 

rules. 

B. What is the Agency’s Authority for 

Taking This Action? 

EPA promulgated the PAIR rule under 

TSCA section 8(a) (15 U.S.C. 2607(a)), 

and it is codified at 40 CFR part 712. 

This model TSCA section 8(a) rule 

establishes standard reporting 

requirements for certain manufacturers 

(including importers) of the chemical 

substances listed in the rule at 40 CFR 

712.30. The final rule published by EPA 

on August 16, 2006, amended the model 

TSCA section 8(a) rule by adding the 

ITC category of certain voluntary HPV 

Challenge Program orphan 

(unsponsored) chemical substances (Ref. 

1). 

EPA promulgated the model Health 

and Safety Data Reporting rule under 

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

and it is codified at 40 CFR part 716. 

The TSCA section 8(d) model rule 

requires past, current, and prospective 

manufacturers, importers, and (if 

specified by EPA in a particular notice 

or rule under TSCA section 8(d)) 

processors of listed chemical substances 

to submit to EPA copies and lists of 

unpublished health and safety studies 

on the listed chemical substances that 

they manufacture, import, or (if 

specified by EPA in a particular notice 

or rule under TSCA section 8(d)) 

process. The final rule published by 

EPA on August 16, 2006, amended the 

model TSCA section 8(d) rule by adding 

the ITC category of certain voluntary 

HPV Challenge Program orphan 

(unsponsored) chemical substances (Ref. 

2). 

C. Why is EPA Using a Direct Final 

Rule? 

EPA is publishing this direct final 

rule without a prior proposed rule 

because we view this as a noncontroversial action and anticipate no 

adverse comment. If EPA receives 

adverse comment, we will publish a 

timely withdrawal in the Federal 

Register informing the public that the 

direct final rule will not take effect. Any 

parties interested in commenting must 

do so on or before May 30, 2007. 

D. Why are These Two Chemical 

Substances Being Removed? 

The chemical substances 

phosphorotrithious acid, tributyl ester, 

CAS No. 150–50–5, and 

phosphorodithioic acid, O,O–diethyl 

ester, sodium salt, CAS No. 3338–24–7, 

were inadvertently added by EPA to the 

list of HPV orphan orphan 

(unsponsored) chemical substances. 

This list was the source of the category 

of ‘‘Voluntary HPV Challenge Program 

orphan (unsponsored) chemicals’’ that 

was the subject of the TSCA section 8(a) 

PAIR rule and TSCA section 8(d) Health 

and Safety Data Reporting rule 

published in the Federal Register of 

August 16, 2006 (Refs. 1 and 2). These 

two chemicals were originally 

sponsored in the HPV Challenge 

Program by Bayer CropScience on 

March 15, 1999 (Ref. 4). Subsequently, 

in a letter dated December 29, 2003, 

Bayer CropScience requested that EPA 

‘‘designate the two chemicals as ‘no 

longer HPV’ on the HPV Challenge 

Program Chemical List’’ because Bayer 

CropScience considered the chemicals 

to be ‘‘non–isolated intermediates’’ (Ref. 

5). In a letter dated December 3, 2004, 

EPA responded that, based on a review 

of the information submitted by Bayer 

CropScience, EPA had determined that 

the two substances were ‘‘isolated 

intermediates’’ and, consequently, did 

not meet the ‘no longer HPV’ criteria 

and that ‘‘they will remain in the HPV 

Challenge Program and should continue 

to be reported’’ (Ref. 6). In a letter dated 

December 15, 2005, Bayer CropScience 

clarified the status of the two chemicals 

(Ref. 7). In that letter, Bayer 

‘‘recommit[ed] to sponsoring’’ both 

chemicals in the HPV Challenge 

Program and proposed to include the 

two chemicals into two categories. This 

record demonstrates that Bayer 

CropScience did not withdraw its 

commitment to sponsor these two 

chemicals in the HPV Challenge 

Program. Consequently, EPA is 

removing these two chemicals from the 

table in 40 CFR 712.30(e) of the TSCA 

section 8(a) PAIR rule published in the 

Federal Register of August 16, 2006 

(Ref. 1), and the table in 40 CFR 

716.120(d) of the TSCA section 8(d) 

Health and Safety Data Reporting rule 

published in the Federal Register of 

August 16, 2006 (Ref. 2). 

This action does not preclude the 

future listing of these two chemical 

substances under the TSCA section 8(a) 

PAIR rule or the TSCA section 8(d) 

Health and Safety Data Reporting rule 

should the information be reasonably 

required. 

III. Economic Analysis 

In the economic analysis conducted 

for the final TSCA section 8(a) PAIR 

rule, the Agency estimated the total 

reporting cost to industry to be $644,000 

for all 243 chemical substances, or 

approximately $2,650 per chemical 

substance (Ref. 1). The Agency is 

estimated to incur an additional 

$248,000 or $1,021 per chemical 

substance to provide public support for 

the TSCA section 8(a) PAIR rule and to 

process the data (Ref. 1). The total cost 

of the TSCA section 8(a) rule, per 

chemical substance, is estimated to be 

approximately $3,671. This direct final 

rule removes two chemical substances 

from the TSCA section 8(a) PAIR rule. 

Therefore, costs are estimated to be 

reduced by $7,342 (two chemical 

substances x $3,671 per chemical 

substance). 

Furthermore, this direct final rule will 

also remove two chemical substances 


pwalker on PROD1PC71 with RULES
21122 Federal Register / Vol. 72, No. 82 / Monday, April 30, 2007 / Rules and Regulations 

from the TSCA section 8(d) Health and 

Safety Data Reporting rule. The 

economic analysis conducted for the 

TSCA section 8(d) Health and Safety 

Data Reporting rule estimates that the 

total cost to industry is $110,000 and to 

the Agency is $79,000, or $453 and $325 

per chemical substance, respectively, for 

a total of $778 per chemical substance 

(Ref. 2). Because this direct final rule 

removes two chemical substances from 

the TSCA section 8(d) Health and Safety 

Data Reporting rule, the costs of the 

TSCA section 8(d) Health and Safety 

Data Reporting rule are estimated to be 

reduced by $1,556 (two chemical 

substances x $778). 

Therefore, the removal of two 

chemical substances from the TSCA 

section 8(a) and TSCA section 8(d) rules 

is estimated to result in a total reduction 

in costs of $8,898. 

IV. References 

The dockets for this direct final rule 

are the dockets established for the TSCA 

section 8(a) PAIR rule (docket ID 

number EPA–HQ–OPPT–2005–0014) 

(Ref. 1) and the TSCA section 8(d) 

Health and Safety Data Reporting rule 

(docket ID number EPA–HQ–OPPT–

2005–0055) (Ref. 2). These dockets are 

available for review as specified in 

ADDRESSES. The following is a listing of 

the materials referenced in this 

document that have been placed in the 

dockets: 

1. EPA. Preliminary Assessment 

Information Reporting; Addition of 

Certain Chemicals. Federal Register (71 

FR 47122, August 16, 2006) (FRL–7764–

9). Available on-line at: http:// 

www.epa.gov/fedrgstr. 

2. EPA. Health and Safety Data 

Reporting; Addition of Certain 

Chemicals. Federal Register (71 FR 

47130, August 16, 2006) (FRL–7764–7). 

Available on-line at: http:// 

www.epa.gov/fedrgstr. 

3. EPA. Preliminary Assessment 

Information Reporting Rule and Health 

and Safety Data Reporting Rule; 

Revision of Effective Dates. Federal 

Register (71 FR 54434, September 15, 

2006) (FRL–8094–8). Available on-line 

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

4. Bayer Corporation. Letter from Ron 

Fuchs (Bayer Corporation) to Carol 

Browner (EPA) RE: Sponsorship of 

chemicals in the HPV Challenge 

Program. March 15, 1999. 

5. Bayer Corporation. Letter from 

Janet M. Mostowy (Bayer Corporation) 

to Michael Leavitt (EPA) RE: Request to 

designate chemicals as ‘no longer HPV.’

December 29, 2003. 

6. EPA. Letter from Diane Sheridan 

(EPA/OPPT) to Janet M. Mostowy (Bayer 

Corporation) RE: EPA response to 

December 29, 2003 letter from Bayer 

Corporation. December 3, 2004. 

7. Bayer CropScience. Letter from 

George S. Goodridge to Oscar 

Hernandez (EPA/OPPT) RE: 

Clarification of status of chemicals 

appearing on EPA’s 9/16/05 orphan list. 

December 15, 2005. 

V. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review 

The Office of Management and Budget 

(OMB) has exempted actions under 

TSCA sections 8(a) and 8(d) related to 

the PAIR and Health and Safety Data 

Reporting rules from the requirements 

of Executive Order 12866, entitled 

Regulatory Planning and Review (58 FR 

51735, October 4, 1993). In addition, 

this direct final rule does not impose 

any new requirements and will result in 

a burden and cost reduction; therefore, 

it is not subject to OMB review under 

the Executive order. 

B. Paperwork Reduction Act 

The information collection 

requirements contained in TSCA 

sections 8(a) PAIR and 8(d) Health and 

Safety Data Reporting rules have already 

been approved by OMB under the 

provisions of the Paperwork Reduction 

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

OMB control numbers 2070–0054 (EPA 

ICR No. 0586) and 2070–0004 (EPA ICR 

No. 0575). The collection activities in 

this direct final rule are captured by the 

existing approval and do not require 

additional review and/or approval by 

OMB. 

C. Regulatory Flexibility Act 

Because this direct final rule 

eliminates reporting requirements, the 

Agency certifies pursuant to section 

605(b) of the Regulatory Flexibility Act 

(RFA), 5 U.S.C. 601 et seq., that this 

action will not have a significant 

adverse economic 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 direct final 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 direct 

final rule will not significantly or 

uniquely affect small governments. 

Accordingly, the direct final rule is not 

subject to the requirements of UMRA 

sections 202, 203, 204, or 205. 

E. Executive Order 13132: Federalism 

This direct final rule has no 

Federalism implications because it will 

not have substantial direct effects on 

States, on the relationship between the 

national government and the States, or 

on the distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132, entitled 

Federalism (64 FR 43255, August 10, 

1999). 

F. Executive Order 13175: Consultation 

and Coordination with Indian Tribal 

Governments 

This direct final rule has no tribal 

implications because it will not have 

substantial direct effects on one or more 

Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes, nor on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes 

as specified in Executive Order 13175, 

entitled Consultation and Coordination 

with Indian Tribal Governments (59 FR 

22951, November 6, 2000). 

G. Executive Order 13045: Protection of 

Children from Environmental Health 

Risks and Safety Risks 

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 direct final rule 

because this is not an economically 

significant regulatory action as defined 

under Executive Order 12866, and it 

does not concern an environmental 

health or safety risk that may have a 

disproportionate effect on children. 

H. Executive Order 13211: Actions that 

Significantly Affect Energy Supply, 

Distribution, or Use 

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. 

I. National Technology Transfer and 

Advancement Act 

Because this action does not involve 

any technical standards, section 12(d) of 

the National Technology Transfer and 

Advancement Act of 1995 (NTTAA), 

Public Law 104–113, section 12(d) (15 

U.S.C. 272 note), does not apply to this 

action. 


pwalker on PROD1PC71 with RULES
Federal Register / Vol. 72, No. 82 / Monday, April 30, 2007 / Rules and Regulations 21123 

J. Executive Order 12898: Federal 

Actions to Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

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). 

VI. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report 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 in 40 CFR Parts 712 and 

716 

Environmental protection, Chemicals, 

Hazardous substances, Health and 

safety, Reporting and recordkeeping 

requirements. 

Dated: April 23, 2007. 

Charles M. Auer, 

Director, Office of Pollution Prevention and 

Toxics. 

■ Therefore, 40 CFR chapter I is 

amended as follows: 

PART 712—[AMENDED] 

■ 1. The authority citation for part 712 

continues to read as follows: 

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

§ 712.30 [Amended] 

■ 2. In § 712.30, in the table under the 

heading ‘‘Voluntary HPV Challenge 

Program orphan (unsponsored) 

chemicals’’ in paragraph (e), remove the 

entries CAS No. 150–50–5, 

Phosphorotrithious acid, tributyl ester 

and CAS No. 3338–24–7, 

Phosphorodithioic acid, O,O–diethyl 

ester, sodium salt. 

PART 716–-[AMENDED] 

■ 3. The authority citation for part 716 

continues to read as follows: 

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

§ 716.120 [Amended] 

■ 4. In § 716.120, in the table under the 

heading ‘‘Voluntary HPV Challenge 

Program orphan (unsponsored) 

chemicals in paragraph (d), remove the 

entries Phosphorotrithious acid, tributyl 

ester, CAS No. 150–50–5 and 

Phosphorodithioic acid, O,O-diethyl 

ester, sodium salt, CAS No. 3338–24–7. 

[FR Doc. 07–2104 Filed 4–27–07; 8:45 am] 

BILLING CODE 6560–50–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 04011–2010–4114–02; I.D. 

042407B] 

RIN 0648–AN17 

Magnuson-Stevens Fishery 

Conservation and Management Act 

Provisions; Fisheries of the 

Northeastern United States; Northeast 

(NE) Multispecies Fishery; Closure of 

the Eastern U.S./Canada Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS announces the closure 

of the Eastern U.S./Canada Area to 

limited access NE multispecies days-atsea (DAS) vessels for the remainder of 

the 2006 fishing year (i.e., through April 

30, 2007). Based upon Vessel 

Monitoring System (VMS) reports and 

other available information, the 

Administrator, Northeast Region, NMFS 

(Regional Administrator) has 

determined that 100 percent of the total 

allowable catch (TAC) of Georges Bank 

(GB) cod allocated to be harvested from 

the Eastern U.S./Canada Area will be 

harvested by April 25, 2007. This action 

is being taken to prevent the 2006 TAC 

for GB cod in the Eastern U.S./Canada 

Area from being exceeded during the 

2006 fishing year in accordance with the 

regulations implemented under 

Amendment 13 to the NE Multispecies 

Fishery Management Plan and the 

Magnuson-Stevens Fishery 

Conservation and Management Act. 

DATES: The closure of the Eastern U.S./ 

Canada Area to all limited access NE 

multispecies DAS vessels is effective 

0001 hr local time, April 25, 2007, 

through 2400 hr local time, April 30, 

2007. 

FOR FURTHER INFORMATION CONTACT: 

Mark Grant, Fishery Management 

Specialist, (978) 281–9145, fax (978) 

281–9135. 

SUPPLEMENTARY INFORMATION: 

Regulations governing fishing activity in 

the U.S./Canada Management Area are 

found at § 648.85. These regulations 

authorize vessels issued a valid limited 

access NE multispecies permit and 

fishing under a NE multispecies DAS to 

fish in the Eastern U.S./Canada Area 

under specific conditions. The final GB 

cod TAC allocation for the 2006 fishing 

year was specified at 374 mt (April 28, 

2006; 71 FR 25095). Once 100 percent 

of the GB cod TAC allocation specified 

for the U.S./Canada Management Area is 

projected to have been harvested, the 

regulations at § 648.85(a)(3)(iv)(E) 

require the Regional Administrator to 

close access to the Eastern U.S./Canada 

Area for all limited access NE 

multispecies DAS vessels to prevent 

over-harvesting the TAC allocations for 

the U.S./Canada Management Area. 

Based upon VMS daily catch reports, 

dealer reports, and other available 

information, the Regional Administrator 

has determined that 100 percent of the 

2006 GB cod TAC of 374 mt will have 

been harvested on April 25, 2007. 

Therefore, based on the available 

information described above, to ensure 

that the TAC for GB cod will not be 

exceeded, the Eastern U.S./Canada Area 

is closed to all limited access NE 

multispecies DAS vessels for the 

remainder of the 2006 fishing year, 

effective April 25, 2007, pursuant to 

§ 648.85(a)(3)(iv)(E). Vessels that have 

made a correct VMS declaration 

indicating the intention to fish in the 

Eastern U.S./Canada Area (VMS U.S./ 

Canada Area Code 2), and crossed the 

demarcation line prior to 0001 hours on 

April 25, 2007, may continue their trip 

and fish in the Eastern U.S./Canada 

Area. Vessels that are currently declared 

into the Eastern U.S./Canada Area, and 

have already ‘‘flexed out’’ or ‘‘flexed 

west’’, may not reenter the Eastern U.S./ 

Canada Area after 0001 hours on April 

25, 2007. Any vessel that leaves the 

Eastern U.S./Canada Area after 0001 

hours on April 25, 2007, is prohibited 

from reentering the Eastern U.S./Canada 

Area for the remainder of the fishing 

year. 

Classification 

This action is required by 50 CFR part 

648 and is exempt from review under 

Executive Order 12866. 

Pursuant to 5 U.S.C. 553(b)(B) and 

(d)(3), the Assistant Administrator finds 

good cause to waive prior notice and 

opportunity for public comment, as well 

as the delayed effectiveness for this 


pwalker on PROD1PC71 with RULES