Federal Register / Vol. 65, No. 225 / Tuesday, November 21, 2000 / Proposed Rules 69889

Washington, DC. The Center is open

from noon to 4 p.m., Monday through

Friday, excluding legal holidays. The

telephone number is 202-260-7099.

C. How and to Whom Do I Submit

Comments?

You may submit comments through

the mail, in person, or electronically. Be

sure to identify the appropriate docket

control number (i.e., ‘‘OEI-100004’’) in

your correspondence.

1. By mail. Submit written comments

to: Document Control Office (7407),

Office of Pollution Prevention and

Toxics (OPPT), Environmental

Protection Agency, 1200 Pennsylvania

Ave., NW., Washington, DC 20460.

2. In person or by courier. Deliver

your comments to: OPPT Document

Control Office (DCO) in East Tower Rm.

G-099, Waterside Mall, 401 M St., SW.,

Washington, DC. The DCO is open from

8 a.m. to 4 p.m., Monday through

Friday, excluding legal holidays. The

telephone number for the DCO is: (202)

260-7093.

3. Electronically. Submit your

comments electronically by e-mail to:

‘‘oppt.ncic@epa.gov.’’ Please note that

you should not submit any information

electronically that you consider to be

CBI. 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 standard computer

disks in WordPerfect 6.1/8.0 or ASCII

file format. All comments and data in

electronic form must be identified by

the docket control number OEI-100004.

Electronic comments on this proposal

may also be filed online at many Federal

Depository Libraries.

D. How Should I Handle CBI

Information that I Want to Submit to the

Agency?

You may claim information that you

submit in response to this proposal as

CBI by marking any part or all of that

information as CBI. Information so

marked will not be disclosed except in

accordance with procedures set forth in

40 CFR part 2. A copy of the comment

that does not contain CBI must be

submitted for inclusion in the public

record. Information not marked

confidential will be included in the

public docket by EPA without prior

notice. If you have any questions about

CBI or the procedures for claiming CBI,

please consult with the technical person

identified in the FOR FURTHER

INFORMATION CONTACT section.

II. Background Information

A. What Does this Notice Do and What

Action Does this Notice Affect?

This document extends the comment

period for EPA’s September 5, 2000

proposed rule (65 FR 53681) (FRL-6722-

3) to add a DINP category to the list of

toxic chemicals subject to the reporting

requirements under EPCRA section 313

and section 6607 of the PPA.

B. Why and for How Long is EPA

Extending the Comment Period?

EPA has received several requests to

extend the comment period for the

September 5, 2000 proposed rule. In

order to ensure adequate opportunities

for input from all affected parties, EPA

has determined that extending the

comment period is an appropriate

action and will not cause significant

delay in the evaluation of the proposed

rule. Therefore, EPA is extending the

comment period on the September 5,

2000 proposed rule by 60 days. All

comments must be received by February

2, 2001.

III. Do Any of the Regulatory

Assessment Requirements Apply to this

Action?

No. As indicated previously, this

action merely announces the extension

of the comment period for the proposed

rule. This action does not impose any

new requirements. As such, this action

does not require review by the Office of

Management and Budget (OMB) under

Executive Order 12866, entitled

Regulatory Planning and Review (58 FR

51735, October 4, 1993), the Paperwork

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

seq., or Executive Order 13045, entitled

Protection of Children from

Environmental Health Risks and Safety

Risks (62 FR 19885, April 23, 1997).

This action does not impose any

enforceable duty, contain any unfunded

mandate, or impose any significant or

unique impact on small governments as

described in the Unfunded Mandates

Reform Act of 1995 (Public Law 104-4).

Nor does it require prior consultation

with State, local, and Tribal government

officials as specified by Executive Order

13132, entitled Federalism (64 FR

43255, August 10, 1999) and Executive

Order 13084, entitled Consultation and

Coordination with Indian Tribal

Governments (63 FR 27655, May 19,

1998), or special consideration of

environmental justice related issues

under 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). The

Agency has determined that this action

will not have a substantial direct effect

on States, on the relationship between

the national government and the States,

or on the distribution of power and

responsibilities among the various

levels of government, as specified in

Executive Order 12612, entitled

Federalism (52 FR 41685, October 30,

1987). This action does not involve any

technical standards that would require

Agency consideration of voluntary

consensus standards pursuant to section

12(d) of the National Technology

Transfer and Advancement Act of 1995

(NTTAA), Public Law 104-113, section

12(d) (15 U.S.C. 272 note). In addition,

since this action is not subject to noticeand-comment requirements under the

Administrative Procedure Act or any

other statute, it is not subject to the

regulatory flexibility provisions of the

Regulatory Flexibility Act (RFA) (5

U.S.C. 601 et seq.). EPA’s compliance

with these statutes and Executive

Orders for the underlying proposed rule,

is discussed in the preamble to the

proposed rule (65 FR 53681).

List of Subjects in 40 CFR Part 372

Environmental protection, Chemicals,

Community right-to-know, Hazardous

substances, Intergovernmental relations,

Reporting and recordkeeping

requirements, Superfund, Toxic

chemicals.

Dated: November 7, 2000

Elaine G. Stanley,

Director, Office of Information Analysis and

Access.

[FR Doc. 00–29510 Filed 11–20–00; 8:45 am]

BILLING CODE 6560–50–F

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 721

[OPPTS–50639A; FRL–6756–9]

RIN 2070–AD43

Perfluorooctyl Sulfonates, Proposed

Significant New Use Rule; Extension of

Comment Period

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule; extension of

comment period.

SUMMARY: EPA is extending the existing

comment period for the proposed

significant new use rule (SNUR) on

perfluorooctyl sulfonates published on

69890 Federal Register / Vol. 65, No. 225 / Tuesday, November 21, 2000 / Proposed Rules

October 18, 2000, in the Federal

Register. In response to several requests,

the comment period is being extended

by 45 days, until January 1, 2001. The

comment period was scheduled to close

on November 17, 2000. The proposed

SNUR under section 5(a)(2) of the Toxic

Substances Control Act (TSCA) applies

to the following chemical substances:

perfluorooctanesulfonic acid (PFOSA)

and certain of its salts (PFOSS),

perfluorooctanesulfonyl fluoride

(PFOSF), certain higher and lower

homologues of PFOSA and PFOSF, and

certain other chemical substances,

including polymers, that contain

PFOSA and its homologues as

substructures. All of these chemical

substances are referred to collectively in

the proposed rule as perfluorooctyl

sulfonates, or PFOS. The proposed rule

would require manufacturers and

importers to notify EPA at least 90 days

before commencing the manufacture or

import of these chemical substances for

the significant new uses described in

this document. EPA believes that this

action is necessary because the chemical

substances included in this proposed

rule may be hazardous to human health

and the environment. The required

notice would provide EPA with the

opportunity to evaluate an intended

new use and associated activities and, if

necessary, to prohibit or limit that

activity before it occurs.

DATES: Comments, identified by docket

control number OPPTS–50639A, must

be received on or before January 1, 2001.

ADDRESSES: Comments may be

submitted by mail, electronically, or in

person. Please follow the detailed

instructions for each method as

provided in Unit III. of the

SUPPLEMENTARY INFORMATION. To ensure

proper receipt by EPA, it is imperative

that you identify docket control number

OPPTS–50639A in the subject line on

the first page of your response.

FOR FURTHER INFORMATION CONTACT: For

general information contact: Barbara

Cunningham, Acting Director,

Environmental Assistance Division,

Office of Pollution Prevention and

Toxics (7408), Environmental Protection

Agency, 1200 Pennsylvania Ave., NW.,

Washington, DC 20460; telephone

number: (202) 554–1404; e-mail address:

TSCA-Hotline@epa.gov.

For technical information contact:

Mary Dominiak, Chemical Control

Division (7405), Office of Pollution

Prevention and Toxics, Environmental

Protection Agency, 1200 Pennsylvania

Ave., NW., Washington, DC 20460;

telephone number: (202) 260–7768; fax

number: (202) 260–1096; e-mail address:

dominiak.mary@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Does this Action Apply to Me?

You may be affected by this action if

you manufacture (defined by statute to

include import) any of the chemical

substances that are listed in Table 2 or

Table 3 of the proposed rule. Persons

who intend to import any chemical

substance governed by a final SNUR are

subject to the TSCA section 13 (15

U.S.C. 2612) import certification

requirements, and to the regulations

codified at 19 CFR 12.118 through

12.127 and 12.728. Those persons must

certify that they are in compliance with

the SNUR requirements. The EPA policy

in support of import certification

appears at 40 CFR part 707, subpart B.

In addition, any persons who export or

intend to export any of the chemical

substances listed in Table 2 or Table 3

of the proposed rule are subject to the

export notification provisions of TSCA

section 12(b) (15 U.S.C. 2611(b)), and

must comply with the export

notification requirements in 40 CFR

721.20 and 40 CFR part 707, subpart D.

Entities potentially affected by the

SNUR requirements in the proposed

rule may include, but are not limited to:

TABLE 1.—ENTITIES POTENTIALLY AFFECTED BY THE SNUR REQUIREMENTS

Categories NAICS Codes Examples of potentially affected entities

Chemical Manufacturers or Importers 325 Persons who manufacture (defined by statute to include

import) one or more of the subject chemical substances

Chemical Exporters 325 Persons who export, or intend to export, one or more of

the subject chemical substances

This listing is not intended to be

exhaustive. Instead, it provides a guide

for readers regarding entities likely to be

affected by this action. Other types of

entities not listed in Table 1 of this unit

could also be affected. The North

American Industrial Classification

System (NAICS) codes have been

provided to assist in determinations of

whether this action might apply to

certain entities. To determine if you or

your business is affected by this action,

you should carefully examine the

applicability provisions at 40 CFR 721.5

for SNUR-related obligations. Note that

because the proposed rule would

designate certain manufacturing and

importing activities as significant new

uses, persons that solely process the

chemical substances that would be

covered by this action would not be

subject to the rule. If you have any

questions regarding the applicability of

this action to a particular entity, consult

the technical person listed under FOR

FURTHER INFORMATION CONTACT.

II. How Can I Get Additional

Information, Including Copies of this

Document or Other Related Documents?

A. Electronically

You may obtain electronic copies of

this document, and certain other related

documents that might be available

electronically, from the EPA Internet

Home Page at http://www.epa.gov/. On

the Home Page select ‘‘Laws and

Regulations,’’ ‘‘Regulations and

Proposed Rules,’’ and then look up the

entry for this document under the

‘‘Federal Register—Environmental

Documents.’’ You can also go directly to

the Federal Register listings at http://

www.epa.gov/fedrgstr/.

B. In person

The Agency has established an official

record for this action under docket

control number OPPTS–50639A. The

official record consists of the documents

specifically referenced in this action,

any public comments received during

an applicable comment period, and

other information related to this action,

including any information claimed as

Confidential Business Information (CBI).

This official record includes the

documents that are physically located in

the docket, as well as the documents

that are referenced in those documents.

The public version of the official record

does not include any information

claimed as CBI. The public version of

the official record, which includes

printed, paper versions of any electronic

comments submitted during an

applicable comment period, is available

for inspection in the TSCA

Federal Register / Vol. 65, No. 225 / Tuesday, November 21, 2000 / Proposed Rules 69891

Nonconfidential Information Center,

North East Mall Rm. B–607, Waterside

Mall, 401 M St., SW., Washington, DC.

The Center is open from noon to 4 p.m.,

Monday through Friday, excluding legal

holidays. The telephone number for the

Center is (202) 260–7099.

III. How and to Whom Do I Submit

Comments?

As described in Unit I.C. of the

proposed rule published in the Federal

Register of October 18, 2000 (65 FR

62319) (FRL–6745–5), you may submit

your comments through the mail, in

person, or electronically. Please follow

the instructions that are provided in the

proposed rule. Please follow the

instructions in Unit I.D. of the proposed

rule to submit any information that you

consider to be CBI. Do not submit any

information electronically that you

consider to be CBI. To ensure proper

receipt by EPA, be sure to identify

docket control number OPPTS–50639A

in the subject line on the first page of

your response.

IV. What Action is EPA Taking?

EPA is extending the comment period

for the proposed SNUR on PFOS by 45

days, from November 17, 2000 until

January 1, 2001. This proposed rule

would require manufacturers and

importers to notify EPA at least 90 days

before commencing the manufacture or

import of 90 PFOS chemical substances

for the significant new uses described in

the proposed rule.

As stated in Unit VII. of the proposed

rule, EPA believes that the intent of

TSCA section 5(a)(1)(B) is best served by

designating a use as a significant new

use as of the proposal date of the SNUR,

rather than as of the effective date of the

final rule. If uses begun after publication

of the proposed SNUR were considered

to be ongoing, rather than new, it would

be difficult for EPA to establish SNUR

notice requirements, because any person

could defeat the SNUR by initiating the

proposed significant new use before the

rule became final, and then argue that

the use was ongoing.

Persons who begin commercial

manufacture or import of PFOS for the

significant new uses listed in the

proposed SNUR after the proposal has

been published would be subject to the

requirements of the SNUR when and if

the rule goes final, and would have to

stop that activity unless it meets the

requirements of the final SNUR. Persons

who ceased those activities will have to

meet all SNUR notice requirements and

wait until the end of the notice review

period, including all extensions, before

engaging in any activities designated as

significant new uses. If, however,

persons who begin commercial

manufacture or import of these chemical

substances between the proposal and

the effective date of the SNUR meet the

conditions of advance compliance as

codified at 40 CFR 721.45(h), those

persons will be considered to have met

the final SNUR requirements for those

activities.

V. What is the Agency’s Authority for

Taking this Action?

EPA proposed this SNUR pursuant to

its authority under section 5(a)(2) of

TSCA.

VI. Do Any Regulatory Assessment

Requirements Apply to this Action?

No. This action is not a rulemaking,

it merely extends the date by which

public comments must be submitted to

EPA on a proposed rule that previously

published in the Federal Register. For

information about the applicability of

the regulatory assessment requirements

to the proposed rule, please refer to the

discussion in Unit XI. of that document

(65 FR 62319, 62330).

List of Subjects in 40 CFR Part 721

Environmental protection, Chemicals,

Hazardous materials, Recordkeeping

and reporting requirements.

Dated: November 15, 2000.

Charles M. Auer,

Director, Chemical Control Division.

[FR Doc. 00–29782 Filed 11–16–00; 3:44 pm]

BILLING CODE 6560–50–S

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 20

[WT Docket No. 00–193; FCC 00–361]

Automatic and Manual Roaming

Obligations Pertaining to Commercial

Mobile Radio Services

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule.

SUMMARY: In this notice of proposed

rulemaking (NPRM), we initiate a new

proceeding to consider whether the

Commission should adopt an

‘‘automatic’’ roaming rule that would

apply to Commercial Mobile Radio

Service (CMRS) systems and whether

we should sunset the ‘‘manual’’ roaming

requirement that currently applies to

those systems.

DATES: The agency must receive

comments on or before January 5, 2001,

and reply comments on or before

February 5, 2001.

FOR FURTHER INFORMATION CONTACT: Paul

Murray, Wireless Telecommunications

Bureau, at (202) 418–7240; additional

information concerning the information

collections contained in this document

contact Judy Boley at (202) 418–0214, or

via the Internet at jboley@fcc.gov.

SUPPLEMENTARY INFORMATION: This is a

summary of the Federal

Communications Commission’s (the

Commission) Notice of Proposed

Rulemaking, FCC 00–361, in WT Docket

No. 00–193, adopted on October 4, 2000

and released on November 1, 2000. The

full text of this NPRM is available for

inspection and copying during normal

business hours in the FCC Reference

Center, Room CY–A257, 445 12th Street,

SW., Washington, DC. The complete

text may be purchased from the

Commission’s copy contractor,

International Transcription Service,

Inc., 1231 20th Street, N.W.,

Washington, D.C. 20037. The full text

may also be downloaded at:

www.fcc.gov. Alternative formats are

available to persons with disabilities by

contacting Martha Contee at (202) 418–

0260 or TTY (202) 418–2555.

Synopsis of Memorandum Opinion and

Order

I. Introduction

1. In this notice of proposed

rulemaking (NPRM), we initiate a new

proceeding to consider whether the

Commission should adopt an

‘‘automatic’’ roaming rule that would

apply to Commercial Mobile Radio

Service (CMRS) systems and whether

we should sunset the ‘‘manual’’ roaming

requirement that currently applies to

those systems. The Commission recently

terminated its previous consideration of

these roaming issues in Docket No. 94–

54. In light of the significant growth and

development during the last few years

of CMRS services, we believe that a new

docket dedicated solely to roaming

issues best ensures that we will have

up-to-date information on whether

roaming services should be regulated.

II. Summary of the Notice of Proposed

Rulemaking

A. Current Requirements

2. Prior to 1996, the Commission’s

rules required only cellular carriers to

offer manual roaming. In the

Commission’s 1996 Second Report and

Order and accompanying Third NPRM,

11 FCC Rcd 9462, published 61 FR

44026 (Aug. 27, 1996), we considered

the imposition of manual and automatic

roaming obligations on CMRS providers

generally. In the Second Report and

Order, we determined that the

availability of roaming was important to