67038 Federal Register / Vol. 62, No. 246 / Tuesday, December 23, 1997 / Proposed Rules

approved by OMB pursuant to the

Paperwork Reduction Act, 44 U.S.C.

3501 et seq., under OMB control

number 2070–0030 (EPA ICR No. 0795).

The public reporting burden for the

collection of information is estimated to

average 0.55 hours per response.

D. Unfunded Mandates Reform Act

Title II of the Unfunded Mandates

Reform Act of 1995 (UMRA), Pub. L.

104–4, establishes requirements for

Federal agencies to assess the effects of

certain regulatory actions on State,

local, and tribal governments and the

private sector, and to seek input from

State, local, and tribal governments on

certain regulatory actions. EPA has

determined that this action 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. Therefore,

this action is not subject to the

requirements of sections 202 and 205 of

UMRA. The requirements of sections

203 and 204 of UMRA which relate to

regulatory requirements that might

significantly or uniquely affect small

governments and to regulatory

proposals that contain a significant

Federal intergovernmental mandate,

respectively, also do not apply to this

proposed rule because the rule would

only affect the private sector, i.e., those

companies that test chemicals.

List of Subjects in 40 CFR Part 799

Environmental protection, Chemicals,

Exports, Hazardous substances, Health,

Laboratories, Reporting and

recordkeeping requirements.

Dated: December 16, 1997.

Lynn R. Goldman,

Assistant Administrator for Prevention,

Pesticides and Toxic Substances.

Therefore, it is proposed that 40 CFR

chapter I be amended as follows:

PART 799—[AMENDED]

1. The authority citation for part 799

would continue to read as follows:

Authority: 15 U.S.C. 2603, 2611, 2625.

2. Section 799.5000 is amended by

adding 1,1,2-trichloroethane to the table

in CAS number order to read as follows:

§ 799.5000 Testing consent orders for

substances and mixtures with Chemical

Abstract Service Registry Numbers.

* * * *

*

CAS Number Substance or mixture name Testing FR Publication Date

* * * * * * *

79–00–5 1,1,2-Trichloroethane .................... Health effects .............................................. [Insert date of final rule].

* * * * * * *

* * * * *

[FR Doc. 97–33449 Filed 12–22–97; 8:45 am]

BILLING CODE 6560–50–F

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 799

[OPPTS–42197A; FRL–5762–8]

RIN 2070–AC76

Testing Consent Order and Export

Notification Requirements for Ethylene

Dichloride

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: On June 26, 1996, EPA

proposed a test rule under section 4(a)

of the Toxic Substances Control Act

(TSCA) to require manufacturers and

processors of 21 hazardous air

pollutants (HAPs) to test these

substances for certain health effects.

Included as one of these chemical

substances was ethylene dichloride

(CAS No. 107–06–2). EPA invited the

submission of proposals for enforceable

consent agreements (ECAs) for

pharmacokinetics testing of the HAPs

chemicals and received a proposal for

testing ethylene dichloride from the

HAP Task Force. In a previous

document published EPA has solicited

interested parties to monitor or

participate in negotiations on an ECA

for ethylene dichloride. EPA is

proposing that if an ECA is successfully

concluded for ethylene dichloride, then

the subsequent publication of the TSCA

section 4 testing consent order (Order)

in the Federal Register would add

ethylene dichloride to the table of

testing consent orders for substances

and mixtures with Chemical Abstract

Service Registry Numbers. As a result of

the proposed addition of ethylene

dichloride, all exporters of ethylene

dichloride, including persons who do

not sign the ECA, would be subject to

export notification requirements under

section 12(b) of TSCA.

DATES: Written comments on this

proposed rule must be received by EPA

on or before January 27, 1998.

ADDRESSES: Each comment must bear

the docket control number, OPPTS–

42197A. All comments should be sent

in triplicate to: OPPT Document Control

Officer (7407), Office of Pollution

Prevention and Toxics, Environmental

Protection Agency, 401 M St., SW., Rm.

G–099, East Tower, Washington, DC

20460.

Comments and data may also be

submitted electronically to:

oppt.ncic@epamail.epa.gov. following

the instructions under Unit IV. of this

document. No Confidential Business

Information (CBI) should be submitted

through e-mail.

All comments which contain

information claimed as CBI must be

clearly marked as such. Three sanitized

copies of any comments containing

information claimed as CBI must also be

submitted and will be placed in the

public record for this document.

Persons submitting information any

portion of which they believe is entitled

to treatment as CBI by EPA must assert

a business confidentiality claim in

accordance with 40 CFR 2.203(b) for

each such portion. This claim must be

made at the time that the information is

submitted to EPA. If a submitter does

not assert a confidentiality claim at the

time of submission, EPA will make the

information available to the public

without further notice to the submitter.

FOR FURTHER INFORMATION CONTACT: For

additional information: Susan B. Hazen,

Director, Environmental Assistance

Division (7408), Rm. ET–543B, Office of

Pollution Prevention and Toxics,

Environmental Protection Agency, 401

M St., SW., Washington, DC 20460;

telephone: (202) 554–1404, TDD: (202)
Federal Register / Vol. 62, No. 246 / Tuesday, December 23, 1997 / Proposed Rules 67039

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

For technical information : Richard

W. Leukroth, Jr., Project Manager,

Chemical Information and Testing

Branch (7405), Office of Pollution

Prevention and Toxics, Environmental

Protection Agency, 401 M St., SW.,

Washington, DC 20460; telephone: (202)

260–0321; e-mail address:

leukroth.rich@epamail.epa.gov.

SUPPLEMENTARY INFORMATION:

I. Electronic Availability

Internet: Electronic copies of this

document and various support

documents are available from the EPA

Home Page at the Federal Register

—Environmental Documents entry for

this document under ‘‘Laws and

Regulations’’ (http://www.epa.gov/

fedrgstr/EPA-TOX/1997/).

II. Development of Enforceable Consent

Agreement for Ethylene Dichloride

Ethylene dichloride was one of the

chemicals proposed for health effects

testing in a proposed HAPs test rule

under section 4(a) of TSCA in the

Federal Register of June 26, 1996 (61 FR

33178) (FRL–4869–1). In the proposed

HAPs test rule, EPA invited the

submission of proposals for

pharmacokinetics (PK) testing for the

chemicals included in the proposed

HAPs test rule. These proposals could

provide the basis for negotiation of

ECAs, which, if successfully concluded,

would be incorporated into Orders. The

PK studies would be used to conduct

route-to-route extrapolation of toxicity

data from routes other than inhalation to

predict the effects of inhalation

exposure, as an alternative to testing

proposed under the HAPs test rule. A

proposal for PK testing for ethylene

dichloride was submitted by the HAP

Task Force to EPA on November 25,

1996. The Agency reviewed this

alternative testing proposal and

prepared a preliminary technical

analysis of the proposal which it sent to

the HAP Task Force on June 26, 1997.

The HAP Task Force responded on July

31, 1997, that it has a continued interest

in pursuing the ECA process for

ethylene dichloride. EPA has decided to

proceed with the ECA process for

ethylene dichloride. EPA has published

a document soliciting interested parties

to monitor or participate in negotiations

on an ECA for PK testing of ethylene

dichloride in the Federal Register of

December 19, 1997. The procedures for

ECA negotiations are described at 40

CFR 790.22(b).

If the ECA for ethylene dichloride is

successfully concluded, and an Order is

published in the Federal Register,

testing to develop needed data would be

required of those persons that have

signed the agreement. Section 12(b) of

TSCA provides that if any person

exports or intends to export to a foreign

country a chemical substance or mixture

for which the submission of data is

required under section 4 of TSCA, that

person shall notify EPA of this export or

intent to export. This requirement

applies to data obtained from either a

test rule or an ECA and Order under the

authority of section 4 of TSCA. EPA

intends the ECA to include the export

notification requirements of section

12(b) of TSCA, codified at 40 CFR part

707, subpart D.

III. Publication of Testing Consent

Order

EPA is proposing that if an ECA is

successfully concluded for ethylene

dichloride, the publication of the Order

in the Federal Register would add

ethylene dichloride to the table in 40

CFR 799.5000, Testing consent orders

for substances and mixtures with

Chemical Abstract Service Registry

Numbers.

Exporters of chemicals listed at 40

CFR 799.5000 are required under 40

CFR 799.19, Chemical imports and

exports, to comply with the export

notification requirements of 40 CFR part

707, subpart D. This proposed rule,

when finalized, would amend

§ 799.5000, and, in accordance with 40

CFR 799.19, all exporters of ethylene

dichloride, including persons who do

not sign the ECA, would be subject to

export notification requirements under

40 CFR part 707, subpart D.

Under 40 CFR 707.65(a)(2)(ii), a

person who exports or intends to export

for the first time to a particular foreign

country a chemical subject to TSCA

section 4 data requirements must submit

a one-time notice to EPA identifying the

chemical and country of import. A

single notice can cover multiple

chemicals and multiple countries. If

additional importing countries are

subsequently added, additional export

notices must be submitted to EPA. Other

procedures for submitting export

notifications to EPA are described in 40

CFR 707.65.

Under 40 CFR 707.67, the contents of

the export notification from the exporter

or intended exporter to EPA shall

include:

1. The name of the chemical (i.e., in

this case, ethylene dichloride).

2. The name and address of the

exporter.

3. The country(ies) of import.

4. The date(s) of export or intended

export.

5. The section of TSCA under which

EPA has taken action (i.e., in this case,

section 4 of TSCA).

Following receipt of the 12(b)

notification from the exporter or

intended exporter, under 40 CFR

707.70, EPA will provide notice of the

export or intended export to the affected

foreign government(s).

IV. Public Record and Electronic

Submissions

The official record for this

rulemaking, including the public

version, that does not include any

information claimed as CBI, has been

established for this rulemaking under

docket control number OPPTS–42197A.

The public version of this record is

available for inspection from 12 noon to

4 p.m., Monday through Friday,

excluding legal holidays. The public

record is located in the TSCA

Nonconfidential Information Center,

Rm. NE B–607, 401 M St., SW.,

Washington, DC 20460.

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 5.1/6.1 or ASCII file

format. All comments and data in

electronic form must be identified by

the docket control number, OPPTS–

42197A. Electronic comments on this

proposed rule may be filed online at

many Federal Depository Libraries.

V. Regulatory Assessment

Requirements

A. Regulatory Flexibility Act

Under the Regulatory Flexibility Act,

5 U.S.C. 601 et seq., EPA does not

believe that the impacts of this proposed

rule constitute a significant economic

impact on small entities.

Export regulations promulgated

pursuant to section 12(b) of TSCA—40

CFR part 707, subpart D—require only

a one-time notification to each foreign

country of export for each chemical for

which data are required under section 4

of TSCA. In an analysis of the economic

impacts of the July 27, 1993,

amendment to the rules implementing

section 12(b) of TSCA (58 FR 40238),

EPA estimated that the one-time cost of

preparing and submitting the TSCA

section 12(b) notification was $62.60.

See U.S. EPA, ‘‘Economic Analysis in

Support of the Final Rule to Amend

Rule Promulgated Under TSCA Section

12(b),’’ OPPT/ETD/RIB, June 1992,

contained in the record for the HAPs
67040 Federal Register / Vol. 62, No. 246 / Tuesday, December 23, 1997 / Proposed Rules

rulemaking (OPPTS–42187). Inflated

through the last quarter of 1996 using

the Consumer Price Index, the current

cost is estimated to be $69.56. Although

data available to EPA regarding export

shipments of the HAPs chemicals are

limited, a small exporter would have to

have annual revenues below $6,956 per

chemical/country combination in order

to be impacted at a 1% or greater level.

For example, a small exporter filing 3

notifications per year would have to

have annual sales revenues below

$20,868 (3 x $6,956) in order to be

classified as impacted at the greater than

1% level. EPA believes that it is

reasonable to assume that few, if any,

small exporters would file sufficient

export notifications to be impacted at or

above the 1% level. Based on this, the

export notification requirements

triggered by the ECA for ethylene

dichloride would be unlikely to have a

significant economic impact on small

exporters. Because EPA has concluded

that there is no significant impact on

small exporters, the Agency does not

need to determine the number or size of

the entities that would be impacted at

a 1% or greater level.

Therefore, the Agency certifies that

this proposed rule, if finalized, would

not have a significant economic impact

on small entities.

B. Executive Order 12866; Executive

Order 12898; Executive Order 13045

Under Executive Order 12866 (58 FR

51735, October 4, 1993), this proposed

rule is not a ‘‘significant regulatory

action’’ subject to review by the Office

of Management and Budget (OMB). It

does not involve special considerations

of environmental-justice related issues

as required by Executive Order 12898

(59 FR 7629, February 16, 1994), nor

raise any issues regarding children’s

environmental-health risks under

Executive Order 13045 (62 FR 1985,

April 23, 1997) because the Executive

order does not apply to actions expected

to have an economic impact of less than

$100 million.

C. Paperwork Reduction Act

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 control number assigned by OMB.

The OMB control numbers for EPA’s

regulations are listed in 40 CFR part 9.

The information collection requirements

related to this action have already been

approved by OMB pursuant to the

Paperwork Reduction Act, 44 U.S.C.

3501 et seq., under OMB control

number 2070–0030 (EPA ICR No. 0795).

The public reporting burden for the

collection of information is estimated to

average 0.55 hours per response.

D. Unfunded Mandates Reform Act

Title II of the Unfunded Mandates

Reform Act of 1995 (UMRA), Pub. L.

104–4, establishes requirements for

Federal agencies to assess the effects of

certain regulatory actions on State,

local, and tribal governments and the

private sector, and to seek input from

State, local, and tribal governments on

certain regulatory actions. EPA has

determined that this action 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. Therefore,

this action is not subject to the

requirements of sections 202 and 205 of

UMRA. The requirements of sections

203 and 204 of UMRA which relate to

regulatory requirements that might

significantly or uniquely affect small

governments and to regulatory

proposals that contain a significant

Federal intergovernmental mandate,

respectively, also do not apply to this

proposed rule because the rule would

only affect the private sector, i.e., those

companies that test chemicals.

List of Subjects in 40 CFR Part 799

Environmental protection, Chemicals,

Exports, Hazardous substances, Health,

Laboratories, Reporting and

recordkeeping requirements.

Dated: December 16, 1997.

Lynn R. Goldman,

Assistant Administrator for Prevention,

Pesticides and Toxic Substances.

Therefore, it is proposed that 40 CFR

chapter I be amended as follows:

PART 799—[AMENDED]

1. The authority citation for part 799

would continue to read as follows:

Authority: 15 U.S.C. 2603, 2611, 2625.

2. Section 799.5000 is amended by

adding ethylene dichloride to the table

in CAS number order to read as follows:

§ 799.5000 Testing consent orders for

substances and mixtures with Chemical

Abstract Service Registry Numbers.

* * * * *

CAS Number Substance or mixture name Testing FR Publication Date

* * * * * * *

107–06–2 Ethylene dichloride ........................ Health effects .............................................. [Insert date of final rule].

* * * * * * *
Federal Register / Vol. 62, No. 246 / Tuesday, December 23, 1997 / Proposed Rules 67041

* * * * *

[FR Doc. 97–33448 Filed 12–22–97; 8:45 am]

BILLING CODE 6560–50–F

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018–AE06

Endangered and Threatened Wildlife

and Plants; Reopening of Comment

Period on Proposed Endangered

Status for the Preble’s Meadow

Jumping Mouse

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Proposed rule; reopening of

public comment period.

SUMMARY: The Fish and Wildlife Service

provides notice that the comment

period on the Service’s proposal to list

the Preble’s meadow jumping mouse

(Zapus hudsonius preblei) as

endangered throughout its range (62 FR

14093, March 25, 1997) is reopened as

of December 23, 1997. The Service is

soliciting any new information or

comments on the proposed listing of the

Preble’s meadow jumping mouse. The

Service notes that information and data

collected since the publication of the

proposed rule has been or will be

provided to the Service, and will

become part of the record for the

Service’s evaluation of the proposed

listing. This information includes

surveys that evaluate the status of the

mouse at various locations and a report

on habitat requirements.

DATES: The public comment period is

reopened for 30 days. All comments

should be received on or before January

22, 1998.

ADDRESSES: Written comments and

materials should be sent to the Colorado

Field Supervisor, U.S. Fish and Wildlife

Service, P.O. Box 25486, Denver Federal

Center, Denver, Colorado 80225.

Comments and materials received will

be available for inspection, by

appointment, during normal business

hours, at the Fish and Wildlife Service’s

Colorado Field Office, 755 Parfet Street,

Suite 361, Lakewood, Colorado.

FOR FURTHER INFORMATION CONTACT:

LeRoy W. Carlson, Colorado Field

Supervisor, telephone 303/275–2370

(see ADDRESSES section).

SUPPLEMENTARY INFORMATION:

Background

The Preble’s meadow jumping mouse,

a small rodent in the family Zapodidae,

is known to occur only in eastern

Colorado and southeastern Wyoming. It

lives primarily in heavily vegetated

riparian habitats. Habitat loss and

degradation caused by agricultural,

residential, commercial, and industrial

development have resulted in concern

over its continued existence.

On March 25, 1997, the Service

published a proposed rule (62 FR

14093) to list the Preble’s meadow

jumping mouse as an endangered

species without critical habitat. On May

5, 1997, the Service extended the

comment period through July 28, 1997,

and announced three public hearings,

which were held on May 19, 21, and 22,

1997 (62 FR 24387). The Service

received additional written comments

during that comment period, which are

being reviewed by the Service in making

its final determination whether to list

the Preble’s meadow jumping mouse as

endangered. The Service’s conclusion

must include an evaluation of the best

scientific and commercial data

available, i.e., species abundance, new

data received during the comment

period, re-evaluation of existing data,

and efforts being taken to protect the

species.

To assist in its analysis of species

status, the Service requests any

comments that have not already been

submitted, which provide new

information or data, and/or reflect the

information and data that has become

available since the publication of the

proposed rule. The Service (see

ADDRESSES) can provide guidance on the

availability of additional information.

Written comments may be submitted

on or before January 22, 1998, to the

Service office identified in the

ADDRESSES section above. All comments

must be received before the close of the

comment period to be considered.

Legal notices announcing reopening

of the comment period are being

published in newspapers concurrently

with this Federal Register notice.

Author: The author of this notice is Peter

Plage, Colorado Field Office (see ADDRESSES

above), telephone 303/275–2370.

Authority: Authority for this action is the

ESA of 1973, as amended (16 U.S.C. 1531 et

seq.).

Dated: December 17, 1997.

Terry T. Terrell,

Deputy Regional Director, Fish and Wildlife

Service, Region 6, Denver, Colorado.

[FR Doc. 97–33408 Filed 12–22–97; 8:45 am]

BILLING CODE 4310–55–M

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 679

[Docket No. 971208298–7298–01; I.D.

112097B]

Groundfish Fishery of the Bering Sea

and Aleutian Islands; Correction

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Proposed rule; correction.

SUMMARY: NMFS is correcting the date

by which comments must be received

about the proposed 1998 harvest

specifications for the Groundfish

Fishery of the Bering Sea and Aleutian

Islands. The correct date is January 14,

1998.

DATES: Comments must be received by

January 14, 1998.

FOR FURTHER INFORMATION CONTACT:

Alan Kinsolving 907–586–7228.

SUPPLEMENTARY INFORMATION:

Background

A proposed rule was published in the

Federal Register on December 15, 1997

(62 FR 65638), that set forth the

proposed annual TACs, prohibited

species catch allowances, seasonal

allowances of the pollock TAC, and

amounts for the pollock and sablefish

Community Development Quota

reserve.

Need for Correction

As published, the proposed rule

invited comments and contained the

date by which comments must be

received. The date is in error and NMFS

is hereby correcting that error.

Correction of Publication

In the December 15, 1997, issue of the

Federal Register (62 FR 65638), in the

third column under the DATES heading,

the wording should be corrected to read

as follows:

DATES: Comments must be received by

January 14, 1998.

Authority: 16 U.S.C. 1801 et seq.

Dated: December 17, 1997.

David L. Evans,

Deputy Assistant Administrator for Fisheries,

National Marine Fisheries Service.

[FR Doc. 97–33436 Filed 12–22–97; 8:45 am]

BILLING CODE 3510–22–F