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Citation: 62 Fed. Reg. 42690 1997

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## 42690 Federal Register / Vol. 62, No. 153 / Friday, August 8, 1997 / Rules and Regulations

received and will place the paper copies in the official rulemakingrecord which will also include all comments submitted directly in writing. The official rulemakingrecord is the paper record maintained at the Virginia address in "ADDRESSES" at the beginning ofthis document.
IX. Regulatory Assessment Requirements

This final rule establishes tolerances under FFDCA section 408(d). The Office ofManagement and Budget (OMB)has exempted these types ofactions from review underExecutive Order 12866, entitled Regulatory Planning and Review (58 FR51735, October 4, 1993). This final rule does not contain any information collections subject to OMB approval under the Paperwork Reduction Act (PRA), 44U.S.C. 3501 et seq., or impose any enforceable duty or contain any unfunded mandate as described under Title II ofthe Unfunded Mandates Reform Act of 1995 (UMRA) (Pub.L. 104-4). Nor does itrequire any prior consultation as specified by Executive Order 12875, entitled Enhancing the Intergovernmental Partnership (58 FR58093, October 28, 1993), or special considerations as required byExecutive Order 12898, entitled Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations (59 FR7629, February 16, 1994), or require OMB review in accordance with Executive Order 13045, entitled Protection ofChildren from Environmental Health Risks and Safety Risks (62 FR 19885, April 23, 1997).

In addition, since these tolerances and exemptions that are established under FFDCA section 408 (1)(6), such as the tolerances in this final rule, do not require the issuance ofa proposed rule, the requirements ofthe Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.) do not apply. Nevertheless, the Agency has previously assessed whether establishing tolerances, exemptions from tolerances, raising tolerance levels

or expanding exemptions might adversely impact small entities and concluded, as a generic matter, that there is no adverse economic impact. The factual basis for the Agency's generic certification for tolerance actions published on May 4, 1981 (46 FR24950), and was provided to the ChiefCounsel for Advocacy ofthe Small Business Administration.

X. 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 areport containing this rule and other required information to the U.S. Senate, the U.S. House ofRepresentatives, and the Comptroller General ofthe General Accounting Office prior to publication ofthis rule in today's Federal Register. This is not a "major rule" as defined by 5 U.S.C. 804(2). List ofSubjects in 40 CFRPart180

Environmental protection, Administrative practice and procedure, Agricultural commodities, Pesticides and pests, Reporting and recordkeeping requirements.

Dated:July 24, 1997.

James Jones, ActingDirector, RegistrationDivision,Office of

PesticidePrograms. Therefore, 40 CFR chapter Iis amended as follows:

PART 180-[AMENDED]

1. The authority citation for part 180 continues to read as follows:

Authority: 21U.S.C. 346a and 371.

2. In § 180.443, in paragraph (b),by revising the introductory text and alphabetically adding the following commodities to the table to read as follows: §180.443 Myclobutanil;tolerances for residues.

(b) Section 18emergency exemptions. Time-limited tolerances are established forresidues ofthe fungicide myclobutanil in connection with use of the pesticide under section 18 emergency exemptions granted by EPA. These tolerances will expire and are revoked on the dates specified in the following table.

Commodity Parts per million Expiration/Revocation Date

Tomato, fruit

........................................................................................ 0.3 July 28, 1998 Tomato, paste

...................................................................................... 1.2 July 28, 1998 Tomato, puree

..................................................................................... 0.6 July 28, 1998

*< * *< *
[FRDoc. 97 20846 Filed 8-7-97; 8:45 am] BILLING CODE 6560-50-F 

### ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 721 [OPPTS-50626A; FRL-5735-4] RIN2070-AB27
Modification ofSignificant New Use RulesforCertain Substances

AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule.

SUMMARY: EPA ismodifying significant

new use rules (SNURs) for five substances promulgated under section 5(a)(2) ofthe Toxic Substances Control Act (TSCA) forcertain chemical substances based on new data. Based on the data the Agency determined that the SNURs should be modified.
DATES: This rule is effective September 8, 1997.
FOR FURTHER INFORMATION CONTACT: Susan B. Hazen, Director, Environmental Assistance Division (7408), Office ofPollution Prevention and Toxics, Environmental Protection Agency, Rm. E-543B, 401 M St., SW., Washington, DC 20460, telephone: (202)

### Federal Register / Vol. 62, No. 153 / Friday, August 8, 1997 / Rules and Regulations

554-1404, TDD: (202) 554-0551; e-mail: TSCA-Hotline @epamail.epa.gov. SUPPLEMENTARY INFORMATION: In the Federal Register ofJune 2, 1997 (62 FR 29684) (FRL-5597-1),EPA proposed a modification to the SNURS for six chemical substances based on additional data received for those substances. The Agency is issuing the modification for five ofthese substances. EPA will issue a modification for the remaining substance after itreviews and responds
to the comments received for its proposed modification.

I. Background

The Agency proposed the modification ofthe SNURs for these substances in the Federal Register of June 2, 1997 (62 FR29684) (FRL-5597- 1). The background and reasons for the modification ofthe SNURs are set forth in the preamble to the proposed modifications. The Agency received no public comment concerning the proposed modification for these five substances. As a result, EPA is modifying these SNURs.
II. Rationale for Modification ofthe Rules

During review ofthe PMNs submitted for the chemical substances that are the subject ofthese modifications, EPA concluded that regulation was warranted based on the fact that activities not described in the section 5(e) consent order or the PMN may result in significant changes in human

or environmental exposure. The basis for such findings is in the rulemaking records referenced in Unit III ofthis preamble. Based on these findings, a section 5(e) consent order was negotiated with the PMN submitter and/

or a SNUR was promulgated.

In light ofthe modification to a consent order, the data submitted in a PMN, or the data submitted in a SNUN, the Agency has determined that modifying these SNURs would not result in significant changes in human

or environmental exposure. The modification ofSNUR provisions for these substances designated herein is consistent with the provisions ofthe section 5(e) consent order or data submitted in the PMN/SNUN.

III. Rulemaking Record

The official record for this rulemaking, as well as the public version, has been established for this rulemaking under docket number OPPTS-50626A (including comments and data submitted electronically). A public version ofthisrecord, including printed, paper versions ofelectronic comments, which does not include any information claimed as confidential business information (CBI), is available for inspection from 12 noon to 4p.m., Monday through Friday, excluding legal holidays. The official rulemakingrecord is located in the TSCA Nonconfidential Information Center, Rm. NE-B607, 401 M St., SW., Washington, DC.


### IV. 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 FR58093, October 28, 1993), or involve 

### special considerations ofenvironmental justice related issues asrequired by Executive Order 12898 (59 FR7629, February 16, 1994).

Pursuant to section 605(b) ofthe Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.),the Agency hereby certifies that any promulgation ofa SNUR, including this final rule, will not have a significant adverse economic impact on a substantial number ofsmall entities. Because this certification is applicable to all SNURs, it will also

serve as the generic certification for the 

### promulgation ofany SNUR and EPA will incorporate it byreference in future individual SNUR actions. In addition, this certification and rationale will be provided to the ChiefCounsel for Advocacy ofthe Small Business 

### Administration.

This certification is based on the following rationale. A SNUR applies to any person (including small or large entities) who intends to engage in any activity described in the rule as a "significant new use." By definition of the word "new," and based on all information currently available to EPA, it appears that no small or large entities presently engage in such activity. Since

a SNURonly requires that any person who intends to engage in such activity in the future must first notify EPA (by submitting a Significant New Use Notice (SNUN)), no economic impact will even

occur until someone decides to engage in those activities. Although some small entities may decide to conduct such activities in the future,EPA cannot presently determine how many, if any, there may be. However, EPA's experience to date is that, in response to 

### the promulgation ofover530 SNURs, the Agency has received fewer than 15 SNUNs. Ofthose SNUNs submitted,

none appear to be from small entities. In fact,EPA expects to receive few, if any, SNUNs from either large or small entities in response to any SNUR. Therefore, EPA believes that the economic impact ofcomplying with a SNURis not expected to be significant,

or adversely impact a substantial number of small entities.

An agency maynot conduct or sponsor, and a person is not required to respond to, an information collection request unless it displays acurrently valid OMB control number. The information collection requirements related to this action have already been approved by OMBpursuant to the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et seq.,under OMB control number 2070-0012 (EPA ICRNo. 574). This action does not impose any burdens requiring additional OMB approval. The public reporting burden for this collection ofinformation is estimated to average 100hours per response. The burden estimate includes the time needed to review instructions, search existingdata sources, gather and maintain the data needed, and complete and review the collection of information.

V. Submission to Congress and the GeneralAccounting 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 areport containing this rule and other required information to the U.S. Senate, the U.S. House ofRepresentatives, and the Comptroller General ofthe General Accounting Office prior to publication ofthis rule in today's Federal Register. This is not a majorrule as defined by 5 U.S.C. 804(2).
List ofSubjects in 40 CFRPart721

Environmental protection, Chemicals, Hazardous materials, Recordkeeping and reporting requirements.

Dated:August 1, 1997.

WardPenberthy,
ActingDirector,ChemicalControlDivision, OfficeofPollutionPreventionandToxics.

Therefore, 40 CFRpart 721 is amended as follows:

PART 721-[AMENDED]

1. The authority citation for part 721 continues to read as follows:

Authority: 15 U.S.C. 2604, 2607, and 2625(c). 

### 42691

## 42692 Federal Register / Vol. 62, No. 153 / Friday, August 8, 1997 / Rules and Regulations

2. Section 721.3764 is revised to read

as follows:
§721.3764 Fluorene substituted aromatic amine.

(a) Chemicalsubstanceand significantnew usessubjectto reporting. (1) The chemical substance identified generically as a fluorene substituted aromatic amine (PMN P-91-43) is subject to reporting under this section for the significant new uses described in paragraph (a)(2) ofthis section.

(2) The significant new uses are: (i) Protectionin the workplace. Requirements as specified in §721.63 (a)(1), (a)(2)(iii), (a)(3), (a)(4), (a)(5)(iii), (a)(5)(iv), (a)(5)(v), (a)(5)(vi), (a)(6)(i), (b) (concentration set at 1.0 percent), and (c). However, theserequirements do not apply after the PMN substance is adhered onto film or incorporated into prepreg form (resinimpregnated substrate).

(ii) Hazardcommunication program. Requirements as specified in §721.72 (a), (b), (c), (d), (e) (concentration set at 1.0 percent), (f), (g)(1)(iv), (g)(2)(i), (g)(2)(ii), (g)(2)(iii), (g)(2)(iv), (g)(2)(v), (g)(3)(i), (g)(3)(ii), (g)(4)(iii), and (g)(5) during manufacture.

(iii) Industrial, commercial,and

consumeractivities.Requirements as specified in §721.80(1).

(iv) Releaseto water.Requirements as specified in §721.90 (a)(1), (b)(1), and (c)(1).

(b) Specific requirements.The provisions ofsubpart A ofthis part apply to this section except as modified by thisparagraph.

(1) Recordkeeping.Recordkeeping requirements as specified in §721.125 (a) through (i) and (k)are applicable to manufacturers, importers, and processors ofthis substance.

(2) Limitationsorrevocationof certainnotificationrequirements.The provisions of§721.185 apply to this section.

3. Section 721.5225 is amended by revising paragraph (a)(2)(v) to read as follows: 

### §721.5225 Naphthalene, 1,2,3,4- tetrahycro(1-phenylethyl) (specificname).

(a) Chemicalsubstanceand significantnew usessubjectto reporting.

(2)* * * (v) Release towater.Requirements as specified in §721.90 (a)(4), (b)(4), and (c)(4) (wheren = 1).

4. Section 721.7046 is amended by revising paragraph (a)(1) to read as follows: §721.7046 Formaldehyde, polymer with substituted phenols, glycidylether. (a) Chemicalsubstanceand significantnew usessubjectto reporting. (1) The chemical substance identified as formaldehyde, polymer with substituted phenols, glycidyl ether (PMN P-93-955) is subject to reporting under this section for the significant new uses described in paragraph (a)(2) ofthis section. The requirements ofthis section do not apply once the substance is a component ofa highly densified tablet formulation ofan epoxy molding compound.

5. Section 721.7210 is amended by revising paragraph (a)(1) to read as follows: 

### §721.7210 Epoxidized copolymer of phenol and substituted phenol.

(a) Chemicalsubstanceand significantnew usessubjectto reporting. (1) The chemical substance identified as epoxidized copolymer ofphenol and substituted phenol (PMN P-91-598) is subject to reporting under this section for the significant new uses described in paragraph (a)(2) ofthis section. The requirements ofthis section do not apply once the substance is a component ofa highly densified tablet formulation ofan epoxy molding compound.

6. Section 721.8350 is amended by addingparagraph (a)(2)(iv) to read as follows:
§721.8350 2-Propenoic acid, 7- oxabicyclo[4.1.0]hept-3-ylmethyl ester. (a) Chemicalsubstanceand significantnew usessubjectto reporting.

(2)* * * (iv) Releaseto water.Requirements as specified in §721.90 (a)(1), (b)(1), and (c)(1).

[FR Doc. 97 20980 Filed 8 7 97; 8:45 am]
BILLING CODE 6560-50-F

DEPARTMENT OFTHE INTERIOR

Fish and WildlifeService

50 CFR Part 17
RIN 1018-AD37
Endangered and Threatened Wildlife and Plants; Determination of Endangered Status forThree Plants From the Channel Islands ofSouthern California
AGENCY: Fish and Wildlife Service, Interior. ACTION:Final rule.
SUMMARY: The Fish and Wildlife Service (Service) determines Cercocarpus traskiae(Catalina Island mountainmahogany), Lithophragmamaximum (San Clemente Island woodland-star), and Sibarafilifolia(Santa Cruz Island rockcress) to be endangered throughout theirrespective historical ranges on the Channel Islands ofsouthwestern California, pursuant to the Endangered Species Act of 1973, as amended (Act). Cercocarpustraskiaeis found primarily in coastal scrub habitats on Santa Catalina Island. Lithophragma maximum is found in rock crevices within coastal bluff scrub on San Clemente Island. Sibarafilifolia is found

on talus slopes in coastal scrub on San Clemente Island and may still occur on Santa Catalina Island, although the last sighting ofthe species on that island

was in 1973. These plants are threatened by a variety offactors including grazing, fire, competition from non-native plant species, erosion, and hybridization. Thisrule implements the Federal protection provisions afforded by the Act for these three plant species. DATES: Effective September 8, 1997. ADDRESSES: The file for this rule is available for inspection, by appointment, during normal business hours at the U.S. Fish and Wildlife Service, Carlsbad Field Office, 2730 Loker Avenue West, Carlsbad, California 92008. FOR FURTHER INFORMATION CONTACT: Gail Kobetich, Field Supervisor, at the above address (telephone 760/431-9440; facsimile 760/431-9624).
SUPPLEMENTARY INFORMATION: Background

Cercocarpus traskiae(Catalina Island mountain-mahogany), Lithophragma maximum (San Clemente Island woodland-star), and Sibarafilifolia (Santa Cruz Island rockcress) are endemic to the Channel Islands of southern California. These three species

are restricted primarily to San Clemente and Santa Catalina Islands. Cercocarpus traskiaeis currently known only from Santa Catalina Island, although a single plant was discovered in the Santa Monica Mountains in 1993. Lithophragmamaximum occurs on San Clemente Island. Sibarafilifolia occurs

on San Clemente and Santa Catalina Islands. Sibarafilifolia was also historically found on Santa Cruz Island.

The Channel Islands are composed of igneous and sedimentary rocks that have been uplifted and folded by tectonic activity (Raven 1963, Thorne