Federal Register / Vol. 62, No. 156 / Wednesday, August 13, 1997 / Proposed Rules 43297

Proposed Amendments to the

Regulations

Accordingly, 26 CFR Part 1 is

proposed to be amended as follows:

PART 1—INCOME TAXES

Paragraph 1. The authority citation

for part 1 is amended by adding an entry

in numerical order to read as follows:

Authority: 26 U.S.C. 7805 * * *

§ 1.465–27(b)(3) also issued under 26

U.S.C. 465(b)(6)(B)(iii). * * *

Par. 2. Section 1.465–27 is added to

read as follows:

§ 1.465–27 Qualified nonrecourse

financing.

(a) In general. Notwithstanding any

provision of section 465(b) or the

regulations under section 465, in the

case of an activity of holding real

property, a taxpayer is considered at

risk with respect to the taxpayer’s share

of any qualified nonrecourse financing

that is secured by real property used in

such activity.

(b) Qualified nonrecourse financing—

(1) In general. For section 465(b)(6) and

this section, the term qualified

nonrecourse financing means any

financing—

(i) Which is borrowed by the taxpayer

with respect to the activity of holding

real property;

(ii) Which is borrowed by the

taxpayer from a qualified person or

represents a loan from any federal, state,

or local government or instrumentality

thereof, or is guaranteed by any federal,

state, or local government;

(iii) Except as otherwise provided in

paragraph (b)(3)(ii) of this section, for

which no person is personally liable for

repayment; and

(iv) Which is not convertible debt.

(2) Secured by incidental property. A

taxpayer will be considered at risk with

respect to the taxpayer’s share of any

qualified nonrecourse financing secured

by real property used in the activity of

holding real property, where such

financing is also secured by property

that is incidental to the activity of

holding such real property.

(3) Personal liability—(i) Partial

liability. If a person is personally liable

for repayment of a portion of a

financing, the portion of the financing

for which no person is personally liable

can qualify as qualified nonrecourse

financing.

(ii) Partnership liability. The personal

liability of an entity classified as a

partnership for repayment of a financing

shall be disregarded in determining

whether the financing is qualified

nonrecourse financing, if the only assets

of the partnership are either real

property used in the activity of holding

real property or both such real property

and other property that is incidental to

the activity of holding such real

property, and no other person is liable

for repayment of the financing.

(4) Examples. The following examples

illustrate the rules of paragraph (b) of

this section:

Example 1. Personal liability of

partnership; Incidental property. X is a

limited liability company that is classified as

a partnership for federal tax purposes. X is

engaged only in the activity of holding real

property. In addition to real property used in

the activity of holding real property, X owns

office equipment, a truck, and maintenance

equipment that it uses to support the activity

of holding real property. X borrows $500 to

use in the activity. X is personally liable on

the financing, but no member of X and no

other person is liable for repayment of the

financing. Under paragraph (b)(3)(ii) of this

section, the personal liability of X for

repayment of the financing is disregarded

when determining whether the financing is

qualified nonrecourse financing. Under

paragraph (b)(2) of this section, the personal

property is treated as incidental personal

property used in the activity of holding real

property. Therefore, assuming the financing

satisfies the other requirements for qualified

nonrecourse financing, the financing will be

treated as qualified nonrecourse financing.

Example 2. Bifurcation of financing. The

facts are the same as in Example 1, except

that A, a member of X, is personally liable

for repayment of $100 of the financing.

Under paragraph (b)(3)(i) of this section, the

portion of the financing for which A is not

personally liable for repayment ($400) can

qualify as qualified nonrecourse financing.

(c) Effective date. This section is

effective for financing incurred on or

after the date the final regulations are

published in the Federal Register.

Michael P. Dolan,

Acting Commissioner of Internal Revenue.

[FR Doc. 97–21418 Filed 8–12–97; 8:45 am]

BILLING CODE 4830–01–U

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 721

[OPPTS–50627; FRL–5720–2]

RIN 2070–AB27

Significant New Uses of Certain

Chemical Substances

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: EPA is proposing significant

new use rules (SNURs) under section

5(a)(2) of the Toxic Substances Control

Act (TSCA) for four chemical substances

which are the subject of premanufacture

notices (PMNs) P–95–1584, P–96–1674/

1675, and P–97–267. This proposal

would require certain persons who

intend to manufacture, import, or

process these substances for a

significant new use to notify EPA at

least 90 days before commencing any

manufacturing, importing, or processing

activities for a use designated by this

SNUR as a significant new use. The

required notice would provide EPA

with the opportunity to evaluate the

intended use, and if necessary, to

prohibit or limit that activity before it

can occur.

DATES: Written comments must be

received by EPA by September 12, 1997.

ADDRESSES: Each comment must bear

the docket control number OPPTS–

50627 and the name(s) of the chemical

substance(s) subject to the comment. All

comments should be sent in triplicate

to: OPPT Document Control Officer

(7407), Office of Pollution Prevention

and Toxics, Environmental Protection

Agency, 401 M Street, SW., Room G–

099, East Tower, Washington, DC 20460.

Comments and data may also be

submitted electronically by following

instructions under Unit IX of this

document. No confidential business

information (CBI) should be submitted

through e-mail.

All comments which are claimed

confidential must be clearly marked as

such. Three additional sanitized copies

of any comments containing CBI must

also be submitted. Nonconfidential

versions of comments on this rule will

be placed in the rulemaking record and

will be available for public inspection.

FOR FURTHER INFORMATION CONTACT:

Susan Hazen, Director, Environmental

Assistance Division (7408), Office of

Toxic Substances, Environmental

Protection Agency, Rm. E–543B, 401 M

St., SW., Washington, DC 20460,

telephone: (202) 554–1404, TDD: (202)

554–0551; e-mail: TSCAHotline@epamail.epa.gov.

SUPPLEMENTARY INFORMATION: This

proposed SNUR would require persons

to notify EPA at least 90 days before

commencing the manufacture, import,

or processing of P–95–1584, P–96–1674/

1675, and P–97–267 for the significant

new uses designated herein. The

required notice would provide EPA

with information with which to evaluate

an intended use and associated

activities.

I. Authority

Section 5(a)(2) of TSCA (15 U.S.C.

2604(a)(2)) authorizes EPA to determine

that a use of a chemical substance is a
43298 Federal Register / Vol. 62, No. 156 / Wednesday, August 13, 1997 / Proposed Rules

‘‘significant new use.’’ EPA must make

this determination by rule after

considering all relevant factors,

including those listed in section 5(a)(2).

Once EPA determines that a use of a

chemical substance is a significant new

use, section 5(a)(1)(B) of TSCA requires

persons to submit a notice to EPA at

least 90 days before they manufacture,

import, or process the substance for that

use. The mechanism for reporting under

this requirement is established under 40

CFR 721.10.

II. Applicability of General Provisions

General provisions for SNURs appear

under subpart A of 40 CFR part 721.

These provisions describe persons

subject to the rule, recordkeeping

requirements, exemptions to reporting

requirements, and applicability of the

rule to uses occurring before the

effective date of the final rule.

Provisions relating to user fees appear at

40 CFR part 700. Persons subject to this

SNUR must comply with the same

notice requirements and EPA regulatory

procedures as submitters of PMNs under

section 5(a)(1)(A) of TSCA. In particular,

these requirements include the

information submission requirements of

section 5(b) and 5(d)(1), the exemptions

authorized by section 5 (h)(1), (h)(2),

(h)(3), and (h)(5), and the regulations at

40 CFR part 720. Once EPA receives a

SNUR notice, EPA may take regulatory

action under section 5 (e), 5(f), 6, or 7

to control the activities on which it has

received the SNUR notice. If EPA does

not take action, EPA is required under

section 5(g) to explain in the Federal

Register its reasons for not taking

action.

Persons who intend to export a

substance identified in a proposed or

final SNUR are subject to the export

notification provisions of TSCA section

12(b). The regulations that interpret

section 12(b) appear at 40 CFR part 707.

Persons who intend to import a

chemical substance identified in a final

SNUR are subject to the TSCA section

13 import certification requirements,

which are codified at 19 CFR 12.118

through 12.127 and 127.28. Such

persons must certify that they are in

compliance with SNUR requirements.

The EPA policy in support of the import

certification appears at 40 CFR part 707.

III. Substances Subject to This Rule

EPA is proposing significant new use

and recordkeeping requirements for the

following chemical substances under 40

CFR part 721, subpart E. In this unit,

EPA provides a brief description for

each substance, including its PMN

number, chemical name (generic name

if the specific name is claimed as CBI),

CAS number (if assigned), basis for the

action taken by EPA for the substance

(including the statutory citation and

specific finding), toxicity concern,

recommended testing, and the CFR

citation assigned in the regulatory text

section of this rule. The specific uses

which are designated as significant new

uses are cited in the regulatory text

section of this document by reference to

40 CFR part 721, subpart E where the

significant new uses are described in

detail. Certain new uses are claimed as

CBI. The procedure for obtaining

confidential information is set out in

Unit VI of this preamble.

Data on potential exposures or

releases of the substances, testing other

than that specified in the section 5(e)

order for the substances, or studies on

analogous substances, which may

demonstrate that the significant new

uses being reported do not present an

unreasonable risk, may be included

with significant new use notification.

Persons submitting a SNUN must

comply with the same notice

requirements and EPA regulatory

procedures as submitters of PMNs, as

stated in 40 CFR 721.1(c), including

submission of test data on health and

environmental effects as described in 40

CFR 720.50.

PMN Number P–95–1584

Chemical name: Organosolv lignin.

CAS number: 8068–03–9.

Basis for action: The PMN substance

will have the following uses: (1) As a

phenolic resin substitute for wood

adhesives, rubber trackifer and brake

pads; (2) an additive to enhance

degradability of polymer blends; and (3)

as a moisture barrier for paper

lamination. Based on structural activity

relationships derived from test data on

structurally similar phenols and

aldehydes, EPA expects toxicity to

aquatic organisms to occur at a

concentration of 10 parts per billion

(ppb) PMN substance in surface waters.

Use of the PMN substance could result

in releases that significantly exceeded

the concern level. However if the PMN

substance is manufactured, processed or

used with a number average molecular

weight greater than or equal to 1000

daltons (an oligomer content less than

10 percent below molecular weight 500

and less than 25 percent below

molecular weight 1000), EPA does not

have environmental concerns for

aquatic toxicity. EPA determined that

uses of the substance as described in the

PMN did not present an unreasonable

risk to the environment because the

submitter would manufacture, process,

and use the PMN substance with a

number average molecular weight

greater than or equal to 1000 daltons (an

oligomer content less than 10 percent

below molecular weight 500 and less

than 25 percent below molecular weight

1000). EPA has determined that uses of

the substance in any other molecular

weight form may result in toxicity to the

aquatic environment. Based on this

information the PMN substance meets

the concern criteria at

§ 721.170(b)(3)(iii).

Recommended testing: EPA has

determined that a fish acute toxicity

study (40 CFR 797.1400), a daphnid

acute toxicity study (40 CFR 797.1300),

an algal acute toxicity study (40 CFR

797.1050), a ready biodegradability

study (OPPTS 835.3110 test guideline

(public draft)) and an anaerobic

biodegradation study (OPPTS 835.3400

test guideline (public draft)) would help

characterize the environmental effects of

the PMN substance.

CFR citation: 40 CFR 721.5460.

PMN Numbers P–96–1674/1675

Chemical name: Alkyl amino nitriles.

CAS number: Not available.

Basis for action: The PMN substances

will be used as intermediates. Based on

submitted test data and test data for

analogous substances, EPA is concerned

that workers exposed via the ocular

route may be at risk of death. There is

also concern for acute oral and dermal

toxicity. EPA determined that use of the

substances as described in the PMN did

not present an unreasonable risk

because workers would not be subject to

significant exposures. EPA has

determined that use other than as an

intermediate, in non-industrial uses,

and use of the substances without

appropriate protective equipment and

adequate hazard communication may

result in significant exposure to

workers. Based on this information the

PMN substances meet the concern

critera at § 721.170(b)(3)(i) and (b)(3)(ii).

Recommended testing: EPA has

determined that an acute dermal

toxicity study in rabbits (OPPTS

870.1200 test guideline (public draft))

would help characterize the human

health effects of the PMN substance.

CFR citation: 40 CFR 721.555.

PMN Number P–97–267

Chemical name: (generic) Substituted

carbazate.

CAS number: Not available.

Basis for action: The PMN substance

will be used in an enclosed process.

Based on analogy to hydrazines there

are concerns for liver toxicity,

developmental toxicity, oncogenicity,

and mutagenicity. Based on submitted

toxicity data there are concerns for

lethality via the oral, dermal, inhalation,
Federal Register / Vol. 62, No. 156 / Wednesday, August 13, 1997 / Proposed Rules 43299

and eye routes and for neurotoxicity.

EPA determined that use of the

substance as described in the PMN did

not present an unreasonable risk

because workers would not be subject to

significant exposures. EPA has

determined that uses of the substance in

a non-enclosed process, without

appropriate hazard communication, and

other than for the specific use

designated in the PMN may result in

significant exposures to workers. Based

on this information the PMN substance

meets the concern criteria at § 721.170

(b)(1)(i)(c), (b)(3)(i), and (b)(3)(ii).

Recommended testing: None.

CFR citation: 40 CFR 721.2077.

IV. Objectives and Rationale of the Rule

During review of the PMNs submitted

for the chemical substances that are

subject to this SNUR, EPA determined

that one or more of the criteria of

concern established at 40 CFR 721.170

were met. EPA is proposing this SNUR

for specific chemical substances which

have undergone premanufacture review

to ensure that:

(1) EPA will receive notice of any

company’s intent to manufacture,

import, or process a listed chemical

substance for a significant new use

before that activity begins.

(2) EPA will have an opportunity to

review and evaluate data submitted in a

SNUR notice before the notice submitter

begins manufacturing, importing, or

processing a listed chemical substance

for a significant new use.

(3) When necessary to prevent

unreasonable risks EPA will be able to

regulate prospective manufacturers,

importers, or processors of a listed

chemical substance before a significant

new use of that substance occurs.

Issuance of a SNUR for a chemical

substance does not signify that the

substance is listed on the TSCA

Inventory. Manufacturers, importers,

and processors are responsible for

ensuring that a new chemical substance

subject to a final SNUR is listed on the

TSCA Inventory.

V. Test Data and Other Information

EPA recognizes that section 5 of

TSCA does not require developing any

particular test data before submission of

a SNUN. Persons are required only to

submit test data in their possession or

control and to describe any other data

known to or reasonably ascertainable by

them. Unit III of this preamble lists

recommended tests (if any) that would

address the potential risks of the

substances.

The recommended studies may not be

the only means of addressing the

potential risks of the substance.

However, SNUNs submitted for

significant new uses without any test

data may increase the likelihood that

EPA will take action under section 5(e),

particularly if satisfactory test results

have not been obtained from a prior

submitter. EPA recommends that

potential SNUN submitters contact EPA

early enough so that they will be able

to conduct the appropriate tests.

SNUN submitters should be aware

that EPA will be better able to evaluate

SNUNs which provide detailed

information on:

(1) Human exposure and

environmental release that may result

from the significant new use of the

chemical substances.

(2) Potential benefits of the

substances.

(3) Information on risks posed by the

substances compared to risks posed by

potential substitutes.

VI. Procedural Determinations

EPA is establishing through this rule

some significant new uses which have

been claimed as CBI. EPA is required to

keep this information confidential to

protect the CBI of the original PMN

submitter. EPA promulgated a

procedure to deal with the situation

where a specific significant new use is

CBI. This procedure appears in 40 CFR

721.1725(b)(1) and is similar to that in

§ 721.11 for situations where the

chemical identity of the substance

subject to a SNUR is CBI. This

procedure is cross-referenced in each of

these SNURs.

A manufacturer or importer may

request EPA to determine whether a

proposed use would be a significant

new use under this rule. Under the

procedure incorporated from

§ 721.1725(b)(1), a manufacturer or

importer must show that it has a bona

fide intent to manufacture or import the

substance and must identify the specific

use for which it intends to manufacture

or import the substance. If EPA

concludes that the person has shown a

bona fide intent to manufacture or

import the substance, EPA will tell the

person whether the use identified in the

bona fide submission would be a

significant new use under the rule.

Since most of the chemical identities of

the substances subject to these SNURs

are also CBI, manufacturers and

processors can combine the bona fide

submission under the procedure in

§ 721.1725(b)(1) with that under

§ 721.11 into a single step.

VII. Applicability of Rule to Uses

Occurring Before Effective Date of the

Final Rule

To establish a significant ‘‘new’’ use,

EPA must determine that the use is not

ongoing. The chemical substances

subject to this rule have recently

undergone premanufacture review. In

cases where EPA has not received a

notice of commencement (NOC) and the

substance has not been added to the

Inventory, no other person may

commence such activities without first

submitting a PMN. For substances for

which an NOC has not been submitted

at this time, EPA has concluded that the

uses are not ongoing. However, EPA

recognizes in cases when chemical

substances identified in this SNUR are

added to the Inventory prior to the

effective date of the rule, the substances

may be manufactured, imported, or

processed by other persons for a

significant new use as defined in this

rule before the effective date of the rule.

However, all four of the substances

contained in this rule have CBI

chemical identities, and since EPA has

received a limited number of post-PMN

bona fide submissions, the Agency

believes that it is highly unlikely that

any of the significant new uses

described in the following regulatory

text are ongoing.

As discussed in the Federal Register

of April 24, 1990 (55 FR 17376), EPA

has decided that the intent of section

5(a)(1)(B) is best served by designating

a use as a significant new use as of the

date of proposal rather than as of the

effective date of the rule. Thus, persons

who begin commercial manufacture,

import, or processing of the substances

regulated through this SNUR will have

to cease any such activity before the

effective date of this rule. To resume

their activities, these persons would

have to comply with all applicable

SNUR notice requirements and wait

until the notice review period,

including all extensions, expires.

EPA has promulgated provisions to

allow persons to comply with this

SNUR before the effective date. If a

person were to meet the conditions of

advance compliance under § 721.45(h),

the person would be considered to have

met the requirements of the final SNUR

for those activities. If persons who begin

commercial manufacture, import, or

processing of the substance between

publication and the effective date of the

SNUR do not meet the conditions of

advance compliance, they must cease

that activity before the effective date of

the rule. To resume their activities,

these persons would have to comply

with all applicable SNUR notice
43300 Federal Register / Vol. 62, No. 156 / Wednesday, August 13, 1997 / Proposed Rules

requirements and wait until the notice

review period, including all extensions,

expires.

VIII. Economic Analysis

EPA has evaluated the potential costs

of establishing significant new use

notice requirements for potential

manufacturers, importers, and

processors of the chemical substance

subject to this proposed rule. EPA’s

complete economic analysis is available

in the public record for this proposed

rule (OPPTS–50627).

IX. Rulemaking Record

The official record for this

rulemaking, as well as the public

version, has been established for this

rulemaking under docket number

OPPTS–50627 (including comments and

data submitted electronically as

described below). A public version of

this record, including printed, paper

versions of electronic comments, which

does not include any information

claimed as CBI, is available for

inspection from 12 noon to 4 p.m.,

Monday through Friday, excluding legal

holidays. The official rulemaking record

is located in the TSCA Nonconfidential

Information Center, Rm. NE–B607, 401

M St., SW., Washington, DC.

Electronic comments can be sent

directly to EPA at:

oppt-ncic@epamail.epa.gov

Electronic comments must be

submitted as an ASCII file avoiding the

use of special characters and any form

of encryption. Comments and data will

also be accepted on disks in

WordPerfect 5.1 file format or ASCII file

format. All comments and data in

electronic form must be identified by

the docket number OPPTS–50627.

Electronic comments on this proposed

rule may be filed online at many Federal

Depository Libraries.

The OPPTS harmonized test

guidelines referenced in this document

are available on EPA’s World Wide Web

site under ‘‘Researchers and Scientists,’’

‘‘Environmental Test Methods &

Guidelines’’ (http://www.epa.gov/

epahome/research.htm).

X. Regulatory Assessment

Requirements

Under Executive Order 12866 (58 FR

51735, October 4, 1993), this action is

not a ‘‘significant regulatory action’’

subject to review by the Office of

Management and Budget (OMB). In

addition, this action does not impose

any enforceable duty or contain any

unfunded mandate as described in the

Unfunded Mandates Reform Act of 1995

(Pub. L. 104–4), or require prior

consultation with State officials as

specified by Executive Order 12875 (58

FR 58093, October 28, 1993), or involve

special considerations of environmental

justice related issues as required by

Executive Order 12898 (59 FR 7629,

February 16, 1994).

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

information collection requirements

related to this action have already been

approved by OMB pursuant to the

Paperwork Reduction Act (PRA), 44

U.S.C. 3501 et seq., under OMB control

number 2070–0012 (EPA ICR No. 574).

This action does not impose any

burdens requiring additional OMB

approval. The public reporting burden

for this collection of information is

estimated to average 100 hours per

response. The burden estimate includes

the time needed to review instructions,

search existing data sources, gather and

maintain the data needed, and complete

and review the collection of

information.

In addition, pursuant to section 605(b)

of the Regulatory Flexibility Act (RFA)

(5 U.S.C. 601 et seq.), the Agency has

determined that the promulgation of a

SNUR does not have a significant

adverse economic impact on a

substantial number of small entities.

The Agency’s generic certification for

promulgation of new SNURs appears on

June 2, 1997 (62 FR 29684) (FRL–5597–

1), and was provided to the Chief

Counsel for Advocacy of the Small

Business Administration.

XI. Submission to Congress and the

General Accounting Office

Under 5 U.S.C. 801(a)(1)(A), as added

by the Small Business Regulatory

Enforcement Fairness Act of 1996, the

Agency has submitted a report

containing this proposed rule and other

required information to the U.S. Senate,

the U.S. House of Representatives, and

the Comptroller General of the General

Accounting Office prior to publication

of this proposed rule in today’s Federal

Register. This is not a major rule as

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

List of Subjects in 40 CFR Part 721

Environmental protection, Chemicals,

Hazardous materials, Recordkeeping

and reporting requirements.

Dated: August 4, 1997.

Ward Penberthy,

Acting Director, Chemical Control Division,

Office of Pollution Prevention and Toxics.

Therefore, it is proposed that 40 CFR

part 721 be amended as follows:

PART 721—[AMENDED]

1. The authority citation for part 721

would continue to read as follows:

Authority: 15 U.S.C. 2604, 2607, and

2625(c).

2. By adding new § 721.555 to subpart

E to read as follows:

§ 721.555 Alkyl amino nitriles.

(a) Chemical substance and

significant new uses subject to reporting.

(1) The chemical substances identified

as alkyl amino nitriles (PMNs P–96–

1674 and P–96–1675) are subject to

reporting under this section for the

significant new uses described in

paragraph (a)(2) of this section.

(2) The significant new uses are:

(i) Protection in the workplace.

Requirements as specified in § 721.63

(a)(2)(iii), (a)(4), (a)(5)(i),

(a)(6)(ii),(a)(6)(v), and (c). A full face

shield is required if splashing or

spraying occurs.

(ii) Hazard communication program.

Requirements as specified in § 721.72

(c)(1) and (c)(2)(iv). The MSDS required

by this paragraph shall include the

following statement: Ocular exposure

may cause death.

(iii) Industrial, commercial, and

consumer activities. Requirements as

specified in § 721.80 (g) and (l).

(b) Specific requirements. The

provisions of subpart A of this part

apply to this section except as modified

by this paragraph.

(1) Recordkeeping. Recordkeeping

requirements as specified in § 721.125

(a), (b), (c), (d), (h), and (i) are applicable

to manufacturers, importers, and

processors of this substance.

(2) Limitations or revocation of

certain notification requirements. The

provisions of § 721.185 apply to this

section.

3. By adding new § 721.2077 to

subpart E to read as follows:

§ 721.2077 Substituted carbazate.

(a) Chemical substance and

significant new uses subject to reporting.

(1) The chemical substance identified

generically as a substituted carbazate

(PMN P–97–267) is subject to reporting

under this section for the significant

new uses described in paragraph (a)(2)

of this section.

(2) The significant new uses are:

(i) Hazard communication program.

Requirements as specified in § 721.72
Federal Register / Vol. 62, No. 156 / Wednesday, August 13, 1997 / Proposed Rules 43301

(c)(1) and (c)(2)(iv). The MSDS required

by this paragraph shall include the

following statements: Overexposure to

this material may cause severe acute

toxicity including death. This concern is

particularly true with respect to direct

contact to the eyes. Exposure to the eyes

may cause severe acute toxicity

including death.

(ii) Industrial, commercial, and

consumer activities. Requirements as

specified in § 721.80 (a), (b), (c), and (j).

(b) Specific requirements. The

provisions of subpart A of this part

apply to this section except as modified

by this paragraph.

(1) Recordkeeping. Recordkeeping

requirements as specified in § 721.125

(a), (b), (c), (h), and (i) are applicable to

manufacturers, importers, and

processors of this substance.

(2) Limitations or revocation of

certain notification requirements. The

provisions of § 721.185 apply to this

section.

(3) Determining whether a specific use

is subject to this section. The provisions

of § 721.1725(b)(1) apply to this section.

4. By adding new § 721.5460 to

subpart E to read as follows:

§ 721.5460 Organosolv lignin.

(a) Chemical substance and

significant new uses subject to reporting.

(1) The chemical substance identified as

an organosolv lignin (PMN P–95–1584;

CAS No. 8068–03–9) is subject to

reporting under this section for the

significant new use described in

paragraph (a)(2) of this section.

(2) The significant new use is any

manufacture, processing or use of the

substance with a number average

molecular weight less than 1000 daltons

or greater than or equal to 1000 daltons

with an oligomer content greater than 10

percent below molecular weight 500

and greater than 25 percent below

molecular weight 1000.

(b) Specific requirements. The

provisions of subpart A of this part

apply to this section except as modified

by this paragraph.

(1) Recordkeeping. Recordkeeping

requirements as specified in § 721.125

(a), (b), (c), and records documenting

compliance with the designated

molecular weight requirements are

applicable to manufacturers, importers,

and processors of this substance.

(2) Limitations or revocation of

certain notification requirements. The

provisions of § 721.185 apply to this

section.

[FR Doc. 97–21412 Filed 8–12–97; 8:45 am]

BILLING CODE 6560–50–F

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[MM Docket No. 97–70, RM–9020]

Radio Broadcasting Services; El Reno,

OK

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule; dismissal of.

SUMMARY: The Commission dismisses

the request of Fred R. Morton to allot

Channel 293A to El Reno, OK, as the

community’s first local FM service. See

62 FR 9408, March 3, 1997. No

comments were received from Morton

or any other party expressing an

intention to file an application for the

channel, if allotted. With this action,

this proceeding is terminated.

FOR FURTHER INFORMATION CONTACT:

Leslie K. Shapiro, Mass Media Bureau,

(202) 418–2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Report

and Order, MM Docket No. 97–70,

adopted July 30, 1997, and released

August 8, 1997. The full text of this

Commission decision is available for

inspection and copying during normal

business hours in the FCC Reference

Center (Room 239), 1919 M Street, NW.,

Washington, DC. The complete text of

this decision may also be purchased

from the Commission’s copy contractor,

International Transcription Services,

Inc., (202) 857–3800, 1231 20th Street,

NW, Washington, DC 20036.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 97–21376 Filed 8–12–97; 8:45 am]

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[MM Docket No. 97–174, RM–9146]

Radio Broadcasting Services;

Hamilton, TX

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule.

SUMMARY: The Commission requests

comments on a petition filed by North

Texas Broadcasting requesting the

allotment of Channel 285C3 to

Hamilton, Texas. Channel 285C3 can be

allotted to Hamilton in compliance with

the Commission’s minimum distance

separation requirements with a site

restriction 13.4 kilometers (8.3 miles)

south. The coordinates for Channel

285C3 at Hamilton are 31–49–25 NL and

98–06–49 WL.

DATES: Comments must be filed on or

before September 29, 1997, and reply

comments on or before October 14,

1997.

ADDRESSES: Federal Communications

Commission, Washington, DC 20554. In

addition to filing comments with the

FCC, interested parties should serve the

petitioner, or its counsel or consultant,

as follows: William D. Silva, 5335

Wisconsin Avenue, N.W., Suite 400,

Washington, D.C. 20015–2003 (Counsel

for petitioner).

FOR FURTHER INFORMATION CONTACT: Pam

Blumenthal, Mass Media Bureau, (202)

418–2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Notice of

Proposed Rule Making, MM Docket No.

97–174, adopted July 30, 1997, and

released August 8, 1997. The full text of

this Commission decision is available

for inspection and copying during

normal business hours in the FCC’s

Reference Center (Room 239), 1919 M

Street, NW, Washington, DC. The

complete text of this decision may also

be purchased from the Commission’s

copy contractor, ITS, Inc., (202) 857–

3800, 1231 20th Street, NW,

Washington, DC 20036.

Provisions of the Regulatory

Flexibility Act of 1980 do not apply to

this proceeding.

Members of the public should note

that from the time a Notice of Proposed

Rule Making is issued until the matter

is no longer subject to Commission

consideration or court review, all ex

parte contacts are prohibited in

Commission proceedings, such as this

one, which involve channel allotments.

See 47 CFR 1.1204(b) for rules

governing permissible ex parte contacts.

For information regarding proper

filing procedures for comments, see 47

CFR 1.415 and 1.420.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 97–21375 Filed 8–12–97; 8:45 am]

BILLING CODE 6712–01–P