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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 rulemaking record which

will also include all comments

submitted directly in writing. The

official rulemaking record is the paper

record maintained at the Virginia

address in "ADDRESSES" at the

beginning of this document.

IX. Regulatory Assessment

Requirements

This final rule establishes tolerances

under FFDCA section 408(d). The Office

of Management and Budget (OMB) has

exempted these types of actions from

review under Executive Order 12866,

entitled Regulatory Planning and

Review (58 FR 51735, October 4, 1993).

This final rule does not contain any

information collections subject to OMB

approval under the Paperwork

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

seq., or impose any enforceable duty or

contain any unfunded mandate as

described under Title II of the Unfunded

Mandates Reform Act of 1995 (UMRA)

(Pub. L. 104-4). Nor does it require any

prior consultation as specified by

Executive Order 12875, entitled

Enhancing the Intergovernmental

Partnership (58 FR 58093, October 28,

1993), or special considerations as

required by Executive Order 12898,

entitled Federal Actions to Address

Environmental Justice in Minority

Populations and Low-Income

Populations (59 FR 7629, February 16,

1994), or require OMB review in

accordance with Executive Order 13045,

entitled Protection of Children 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 of a proposed rule,

the requirements of the 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

FR 24950), and was provided to the

Chief Counsel for Advocacy of the 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 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 General

Accounting Office prior to publication

of this 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 180

Environmental protection,

Administrative practice and procedure,

Agricultural commodities, Pesticides

and pests, Reporting and recordkeeping

requirements.

Dated: July 24, 1997.

James Jones,

Acting Director, Registration Division, Office

of Pesticide Programs.

Therefore, 40 CFR chapter I is

amended as follows:

PART 180-[AMENDED]

1. The authority citation for part 180

continues to read as follows:

Authority: 21 U.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 18 emergency exemptions.

Time-limited tolerances are established

for residues of the 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

Tom ato, fruit ........................................................................................ 0.3 July 28, 1998

Tom ato, paste ...................................................................................... 1.2 July 28, 1998

Tom ato, puree ..................................................................................... 0.6 July 28, 1998

*< * *< *

[FR Doc. 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]

RIN 2070-AB27

Modification of Significant New Use

Rules for Certain Substances

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: EPA is modifying significant

new use rules (SNURs) for five

substances promulgated under section

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

Act (TSCA) for certain 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 of Pollution 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 @ep amail.ep a.gov.

SUPPLEMENTARY INFORMATION: In the

Federal Register of June 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 of these

substances. EPA will issue a

modification for the remaining

substance after it reviews and responds

to the comments received for its

proposed modification.

I. Background

The Agency proposed the

modification of the SNURs for these

substances in the Federal Register of

June 2, 1997 (62 FR 29684) (FRL-5597-

1). The background and reasons for the

modification of the 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 of the

Rules

During review of the PMNs submitted

for the chemical substances that are the

subject of these 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 of this

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 of the 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 of SNUR provisions for

these substances designated herein is

consistent with the provisions of the

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 of this record, including

printed, paper versions of electronic

comments, which does not include any

information claimed as confidential

business information (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.

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

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).

Pursuant to section 605(b) of the

Regulatory Flexibility Act (RFA) (5

U.S.C. 601 et seq.), the Agency hereby

certifies that any promulgation of a

SNUR, including this final rule, will not

have a significant adverse economic

impact on a substantial number of small

entities. Because this certification is

applicable to all SNURs, it will also

serve as the generic certification for the

promulgation of any SNUR and EPA

will incorporate it by reference in future

individual SNUR actions. In addition,

this certification and rationale will be

provided to the Chief Counsel for

Advocacy of the 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 SNUR only 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 of over 530 SNURs,

the Agency has received fewer than 15

SNUNs. Of those 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 of complying with a

SNUR is not expected to be significant,

or adversely impact a substantial

number of small entities.

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.

V. 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 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 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 1, 1997.

Ward Penberthy,

A cting Director, Chemical Control Division,

Office of Pollution Prevention and Toxics.

Therefore, 40 CFR part 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) Chemical substance and

significant new uses subject to 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) of this section.

(2) The significant new uses are:

(i) Protection in 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, these requirements do not

apply after the PMN substance is

adhered onto film or incorporated into

prepreg form (resin impregnated

substrate).

(ii) Hazard communication 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

consumer activities. Requirements as

specified in § 721.80(1).

(iv) Release to water. Requirements as

specified in § 721.90 (a)(1), (b)(1), and

(c)(1).

(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) through (i) and (k) 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. 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) (specific name).

(a) Chemical substance and

significant new uses subject to reporting.

(2)* * *

(v) Release to water. Requirements as

specified in § 721.90 (a)(4), (b)(4), and

(c)(4) (where n = 1).

4. Section 721.7046 is amended by

revising paragraph (a)(1) to read as

follows:

§721.7046 Formaldehyde, polymer with

substituted phenols, glycidyl ether.

(a) Chemical substance and

significant new uses subject to 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) of this section. The

requirements of this section do not

apply once the substance is a

component of a highly densified tablet

formulation of an 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) Chemical substance and

significant new uses subject to reporting.

(1) The chemical substance identified as

epoxidized copolymer of phenol and

substituted phenol (PMN P-91-598) is

subject to reporting under this section

for the significant new uses described in

paragraph (a)(2) of this section. The

requirements of this section do not

apply once the substance is a

component of a highly densified tablet

formulation of an epoxy molding

compound.

6. Section 721.8350 is amended by

adding paragraph (a)(2)(iv) to read as

follows:

§721.8350 2-Propenoic acid, 7-

oxabicyclo[4.1.0]hept-3-ylmethyl ester.

(a) Chemical substance and

significant new uses subject to reporting.

(2)* * *

(iv) Release to 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 OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AD37

Endangered and Threatened Wildlife

and Plants; Determination of

Endangered Status for Three Plants

From the Channel Islands of Southern

California

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Final rule.

SUMMARY: The Fish and Wildlife Service

(Service) determines Cercocarpus

traskiae (Catalina Island mountainmahogany), Lithophragma maximum

(San Clemente Island woodland-star),

and Sibarafilifolia (Santa Cruz Island

rockcress) to be endangered throughout

their respective historical ranges on the

Channel Islands of southwestern

California, pursuant to the Endangered

Species Act of 1973, as amended (Act).

Cercocarpus traskiae is 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 of the species on that island

was in 1973. These plants are

threatened by a variety of factors

including grazing, fire, competition

from non-native plant species, erosion,

and hybridization. This rule 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

traskiae is currently known only from

Santa Catalina Island, although a single

plant was discovered in the Santa

Monica Mountains in 1993.

Lithophragma maximum 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