27860 Federal Register / Vol. 78, No. 92 / Monday, May 13, 2013 / Rules and Regulations 

PART 162—LEASES and PERMITS 

■ 1. The authority citation continues to 

read as follows: 

Authority: 5 U.S.C. 301, R.S. 463 and 465; 

25 U.S.C. 2 and 9. Interpret or apply sec. 3, 

26 Stat. 795, sec. 1, 28 Stat. 305, secs. 1, 2, 

31 Stat. 229, 246, secs. 7, 12, 34 Stat. 545, 

34 Stat. 1015, 1034, 35 Stat. 70, 95, 97, sec. 

4, 36 Stat. 856, sec. 1, 39 Stat. 128, 41 Stat. 

415, as amended, 751, 1232, sec. 17, 43 Stat. 

636, 641, 44 Stat. 658, as amended, 894, 

1365, as amended, 47 Stat. 1417, sec. 17, 48 

Stat. 984, 988, 49 Stat. 115, 1135, sec. 55, 49 

Stat. 781, sec. 3, 49 Stat. 1967, 54 Stat. 745, 

1057, 60 Stat. 308, secs. 1, 2, 60 Stat. 962, 

sec. 5, 64 Stat. 46, secs. 1, 2, 4, 5, 6, 64 Stat. 

470, 69 Stat. 539, 540, 72 Stat. 968, 107 Stat. 

2011, 108 Stat. 4572, March 20, 1996, 110 

Stat. 4016; 25 U.S.C. 380, 393, 393a, 394, 395, 

397, 402, 402a, 403, 403a, 403b, 403c, 409a, 

413, 415, 415a, 415b, 415c, 415d, 416, 477, 

635, 2201 et seq., 3701, 3702, 3703, 3712, 

3713, 3714, 3715, 3731, 3733, 4211; 44 U.S.C. 

3101 et seq. 

■ 2. Under the heading Subpart F— 

Special Requirements for Certain 

Reservations, redesignate §§ 162.500 

through 162.503, as §§ 162.600 through 

162.603. 

Dated: May 3, 2013. 

Kevin K. Washburn, 

Assistant Secretary—Indian Affairs. 

[FR Doc. 2013–11241 Filed 5–10–13; 8:45 am] 

BILLING CODE 4310–6W–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 799 

[EPA–HQ–OPPT–2005–0033; FRL–9369–1] 

RIN 2070–AD16 

Revocation of TSCA Section 4 Testing 

Requirements for One High Production 

Volume Chemical Substance 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This final rule implements 

EPA’s decision to revoke certain testing 

requirements promulgated under the 

Toxic Substance Control Act (TSCA) for 

the High Production Volume (HPV) 

chemical substance, benzenesulfonic 

acid, [[4-[[4-(phenylamino)phenyl][4- 

(phenylimino)-2,5-cyclohexadien-1- 

ylidene]methyl]phenyl]amino]- (CAS 

No. 1324–76–1), also known as C.I. 

Pigment Blue 61. After publication in 

the Federal Register of a final rule 

requiring testing for C.I. Pigment Blue 

61, EPA received adequate, existing 

studies which eliminated the need for 

testing. 

DATES: This final rule is effective June 

12, 2013. 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPPT–2005–0033, is 

available at http://www.regulations.gov 

or at the Office of Pollution Prevention 

and Toxics Docket (OPPT Docket), 

Environmental Protection Agency 

Docket Center (EPA/DC), EPA West 

Bldg., Rm. 3334, 1301 Constitution Ave. 

NW., Washington, DC. The Public 

Reading Room is open from 8:30 a.m. to 

4:30 p.m., Monday through Friday, 

excluding legal holidays. The telephone 

number for the Public Reading Room is 

(202) 566–1744, and the telephone 

number for the OPPT Docket is (202) 

566–0280. Please review the visitor 

instructions and additional information 

about the docket available at http:// 

www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

For technical information contact: 

Yvonne Gonzalez, Chemical Control 

Division, Office of Pollution Prevention 

and Toxics, Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW., 

Washington, DC 20460–0001; telephone 

number: (202) 564–2912; email address: 

gonzalez.yvonne@epa.gov. 

For general information contact: The 

TSCA-Hotline, ABVI-Goodwill, 422 

South Clinton Ave., Rochester, NY 

14620; telephone number: (202) 554– 

1404; email address: TSCAHotline@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Does this action apply to me? 

This action is directed to the public 

in general and may be of particular 

interest to those persons who 

manufacture (defined by statute to 

include import), process, or export the 

chemical substance identified in this 

document. Because other persons may 

also be interested, the Agency has not 

attempted to describe all the specific 

persons that may be affected by this 

action. 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. Background 

A. What action is the Agency taking? 

In this document, EPA is amending 

the TSCA section 4(a) chemical testing 

requirements for one HPV chemical 

substance included in 40 CFR 799.5085. 

Specifically, the amendment revokes 

some of the testing requirements for C.I. 

Pigment Blue 61. EPA bases its decision 

on information (discussed in Unit III.) 

received since publication of the final 

rule (Ref. 1) that established testing 

requirements for this chemical 

substance. 

In the Federal Register issue of March 

16, 2012 (Ref. 2), EPA issued a direct 

final rule revoking some or all of the 

testing requirements for 10 chemical 

substances, including C.I. Pigment Blue 

61. EPA received an adverse comment 

pertaining to a statement in the 

preamble of the direct final rule that 

certain full studies for C.I. Pigment Blue 

61 had been claimed as Confidential 

Business Information (CBI) and were, 

therefore, not available to the public, 

although robust summaries were 

available in the docket. The 

Environmental Defense Fund (EDF) 

objected to EPA’s placing the robust 

summaries in the docket rather than 

applying the disclosure requirements of 

TSCA section 14(b) to the full health 

and safety studies. Consequently, in 

accordance with the procedures 

described in the March 16, 2012 Federal 

Register document (Ref. 2), EPA 

withdrew the revocation of certain 

testing requirements for C.I. Pigment 

Blue 61 in a separate final rule 

document published in the Federal 

Register issue of May 14, 2012 (Ref. 3), 

and also published a proposed rule 

document in the same Federal Register 

issue (Ref. 4) asking for comment. EPA 

is now issuing the final rule based on 

the May 14, 2012 Federal Register 

proposed rule document (Ref. 4). 

B. What is the Agency’s authority for 

taking this action? 

Section 4(a) of TSCA authorizes EPA 

to require testing if certain findings are 

made. The TSCA section 4(a) findings 

include: 

1. The chemical substance was 

produced in substantial quantities. 

2. There are insufficient data upon 

which the effects of manufacture, 

distribution, processing, use, or disposal 

of a chemical substance on health or the 

environment can reasonably be 

determined or predicted. 

3. Testing of the chemical substance 

with respect to such effects is necessary 

to develop such data. (See TSCA section 

4(a)(1)(B)(i), (ii), and (iii); see also 

Ref. 1). 

EPA amends the testing requirements 

for C.I. Pigment Blue 61 because some 

of the findings that EPA made under the 

criteria listed in this unit for this 

chemical substance are no longer 

supported. 

III. Amendment to Chemical Testing 

Requirements 

On July 17, 2006, the Color Pigments 

Manufacturers Association (CPMA) 

submitted a test plan for C.I. Pigment 

Blue 61. CPMA also submitted robust 


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summaries of existing data which 

CPMA asked EPA to accept as satisfying 

some of the Agency’s data needs for C.I. 

Pigment Blue 61. Some of the existing 

data described in the summaries 

addressed C.I. Pigment Blue 56, a close 

analog of C.I. Pigment Blue 61, which 

CPMA requested EPA to accept as 

satisfying the Agency’s data needs for 

C.I. Pigment Blue 61, arguing that there 

was a sufficiently close structureactivity relationship (SAR) between the 

two chemical substances to justify that 

request (Refs. 5 and 6). CPMA also 

asked EPA to accept results for water 

solubility and octanol/water partition 

coefficient that were obtained by using 

an alternative method, due to the 

extremely low predicted solubility of 

C.I. Pigment Blue 61, instead of the 

methods specified by the test rule (Ref. 

5). Finally, CPMA asked EPA to accept 

that determining a melting point for C.I. 

Pigment Blue 61 was not relevant 

because the pigment thermally 

decomposes before it melts (Ref. 5). 

EPA reviewed the submitted 

information on physical/chemical 

properties and decided that melting 

point, boiling point, and vapor pressure 

determinations were not relevant 

because C.I. Pigment Blue 61 

decomposes before it melts and the 

decomposition temperature had been 

reported (Ref. 7). EPA accepted the 

submitted data on water solubility as 

satisfying the Agency’s data needs for 

that endpoint, but did not accept the 

calculated value submitted to satisfy the 

testing requirement for octanol/water 

partition coefficient (Ref. 7). EPA 

believes the calculated value would, 

most likely, underestimate the measured 

value (Ref. 7) required to be determined 

by the test rule. 

EPA reviewed CPMA’s SAR argument 

concerning C.I. Pigment Blue 61 and C.I. 

Pigment Blue 56 and agreed that C.I. 

Pigment Blue 56 is an acceptable 

surrogate for C.I. Pigment Blue 61, 

thereby allowing adequate data on C.I. 

Pigment Blue 56 to satisfy data needs for 

C.I. Pigment Blue 61 (Ref. 8). As a result, 

a biodegradation study of C.I. Pigment 

Blue 56, found adequate by an EPA 

review, satisfies the need for 

biodegradation data on C.I. Pigment 

Blue 61 (Ref. 8). Likewise, a fish acute 

toxicity study and a chromosomal 

damage test of C.I. Pigment Blue 56, 

which EPA reviewed and found 

adequate, will satisfy the data need for 

those endpoints (Ref. 9) for C.I. Pigment 

Blue 61. EPA’s review of the existing 

data on C.I. Pigment Blue 61 found the 

study on mammalian acute toxicity and 

the bacterial reverse mutation assay to 

be adequate to satisfy the data needs for 

those endpoints (Ref. 9). The existing 

study on repeated-dose toxicity, 

however, did not satisfy the test 

requirement for that endpoint (Ref. 9). 

Therefore, EPA is revoking the testing 

requirements for melting point, boiling 

point, vapor pressure, water solubility, 

biodegradation, fish acute toxicity, 

mammalian acute toxicity, bacterial 

reverse mutation, and chromosomal 

damage for C.I. Pigment Blue 61 by 

removing those requirements from those 

listed for that chemical substance in 

Table 2 in 40 CFR 799.5085(j). In order 

to clarify that test requirements for acute 

toxicity to Daphnia (an aquatic 

invertebrate) and toxicity to algae has 

not been satisfied by existing studies, 

and that the fish acute toxicity test 

requirement has been satisfied, the test 

symbol C2 replaces C1 for C.I. Pigment 

Blue 61 in Table 2 in 40 CFR 

799.5085(j). The testing requirements for 

C.I. Pigment Blue 61 that are not 

revoked include tests for octanol/water 

partition coefficient, acute toxicity to 

Daphnia, toxicity to algae, and 

combined 28-day repeated-dose toxicity 

with a reproduction/developmental 

toxicity screen (studies responding to 

those test requirements were conducted 

and submitted pursuant to the test rule 

and found by EPA to be adequate (Refs. 

10–18)). 

IV. Public Comment 

Only one comment was received, 

from EDF, on the May 14, 2012 Federal 

Register proposed rule document (Ref. 

4). The EDF comment indicated support 

for the May 14, 2012 Federal Register 

proposed rule document (Ref. 4) that 

revoked some of the testing 

requirements for C.I. Pigment Blue 61. 

The EDF acknowledged steps were 

taken to address the concerns that 

motivated the previous filing of an 

adverse comment. Namely, the 

submitter of the C.I. Pigment Blue 61 

studies had withdrawn the CBI claim on 

the studies and the studies were made 

available to the public. The full studies 

and EDF’s comment are included in the 

docket for the May 14, 2012 Federal 

Register proposed rule document 

(Ref. 4). 

V. Economic Analysis 

In the economic impact analysis for 

the final rule (Ref. 1) establishing testing 

requirements for C.I. Pigment Blue 61 

and 16 other chemical substances, the 

Agency estimated the total testing cost 

to industry to be $4.03 million for all 17 

chemical substances included in that 

final rule, with an average of 

approximately $237,000 per chemical 

substance (Ref. 19). This total included 

an additional 25% in administrative 

costs. An amendment to the final rule 

revoking testing requirements for cokeoven light oil (coal) reduced the total 

cost to industry to an estimated $3.7 

million for the remaining 16 chemical 

substances, with an average compliance 

cost of approximately $232,000 per 

chemical substance. This final rule, 

combined with the direct final rule 

revoking all or some of the test rule 

requirements for 9 other chemical 

substances (see Ref. 1), would have the 

effect of further reducing the total 

testing cost by an estimated $1.5 million 

(approximately 41%) (Ref. 20). In 

addition, the 25% administrative costs 

would be eliminated for these tests. The 

reduced total cost for the remaining 12 

chemicals is estimated to be $2.2 

million (i.e., $3.7 million minus $1.5 

million), with an average compliance 

cost per chemical substance of 

approximately $184,000 (Ref. 20). 

VI. Export Notification 

Persons who export or intend to 

export C.I. Pigment Blue 61 are and will 

remain subject to TSCA section 12(b) 

export notification requirements (See 40 

CFR part 707, subpart D). 

VII. References 

As indicated under ADDRESSES, a 

docket has been established for this 

final rule under docket ID number EPA– 

HQ–OPPT–2005–0033. The following is 

a listing of the documents that are 

specifically referenced in this action. 

The docket includes these documents 

and other information considered by 

EPA, including documents that are 

referenced within the documents that 

are included in the docket, even if the 

referenced document is not physically 

located in the docket. For assistance in 

locating these other documents, please 

consult the technical person listed 

under FOR FURTHER INFORMATION

CONTACT. 1. EPA. Testing of Certain High Production 

Volume Chemicals; Final Rule. Federal 

Register (71 FR 13708, March 16, 2006) 

(FRL–7335–2). Document ID number 

EPA–HQ–OPPT–2005–0033–0001. 

2. EPA. Revocation of TSCA Section 4 

Testing Requirements Certain High 

Production Volume Chemical 

Substances; Direct Final Rule. Federal 

Register (77 FR 15609, March 16, 2012) 

(FRL–9335–6). Document ID number 

EPA–HQ–OPPT–2005–0033–0402. 

3. EPA. Withdrawal of Revocation of TSCA 

Section 4 Testing Requirements for One 

High Production Volume Chemical 

Substance; Final Rule. Federal Register 

(77 FR 28281, May 14, 2012) (FRL–9350– 

2). Document ID number EPA–HQ– 

OPPT–2005–0033–0414. 

4. EPA. Revocation of TSCA Section 4 

Testing Requirements for One High 

Production Volume Chemical Substance; 

Proposed Rule. Federal Register (77 FR 


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27862 Federal Register / Vol. 78, No. 92 / Monday, May 13, 2013 / Rules and Regulations 

28340, May 14, 2012) (FRL–9350–1). 

Document EPA–HQ–OPPT–2005–0033– 

0415. 

5. CPMA. Letter to EPA from J. Lawrence 

Robinson concerning existing data and 

test plan. July 17, 2006. Document ID 

number EPA–HQ–OPPT–2005–0033– 

0185. 

6. CPMA. Letter to EPA from J. Lawrence 

Robinson concerning existing data and 

test plan. May 9, 2007. Document ID 

EPA–HQ–OPPT–2005–0033–0246. 

7. EPA. Memorandum from Diana Darling, 

Industrial Chemistry Branch (ICB), 

Economics, Exposure, and Technology 

Division (EETD), OPPT, to Greg Schweer, 

Chemical Information and Testing 

Branch (CITB), Chemical Control 

Division (CCD), OPPT. Testing 

requirements and existing data for 

physical/chemical properties of the HPV 

test rule chemical, C.I. Pigment Blue 61 

(CAS No. 1324–76–1). May 17, 2007. 

Document ID number EPA–HQ–OPPT– 

2005–0033–0280. 

8. EPA. Memorandum from Bob Boethling, 

Exposure Assessment Branch (EAB), 

OPPT, to Greg Schweer, CITB, CCD, 

OPPT. Review of SAR argument and a 

biodegradation test concerning an HPV 

test rule chemical, C.I. Pigment Blue 61 

(CAS No. 1324–76–1). May 15, 2007. 

Document ID number EPA–HQ–OPPT– 

2005–0033–0279. 

9. EPA. Email and attached review from 

David Brooks, Risk Assessment Division 

(RAD), OPPT, to Greg Schweer and 

Catherine Roman, CITB, CCD, OPPT. 

Review of C.I. Pigment Blue (CAS No. 

1324–76–1). August 22, 2007. Document 

ID number EPA–HQ–OPPT–2005–0033– 

0286. 

10. CPMA. Robust summaries submitted for 

C.I. Pigment Blue 61 on octanol/water 

partition coefficient, acute toxicity to 

Daphnia, toxicity to algae, and combined 

28-day repeated-dose toxicity with a 

reproduction/developmental toxicity 

screen. Submitted on November 14, 

2008. Document ID number EPA–HQ– 

OPPT–2005–0033–0318. 

11. CPMA. Octanol/Water Partition 

Coefficient Test study with C.I. Pigment 

Blue 61. Submitted on April 13, 2012. 

Document ID number EPA–HQ–OPPT– 

2005–0033–0440. 

12. CPMA. Acute Toxicity Study in the 

Daphnia Magna with C.I. Pigment Blue 

61. Submitted on April 13, 2012. 

Document ID number EPA–HQ–OPPT– 

2005–0033–0443. 

13. CPMA. Fresh Water Algal Growth 

Inhibition Test with C.I. Pigment Blue 61 

study. Submitted on April 13, 2012. 

Document ID number EPA–HQ–OPPT– 

2005–0033–0442. 

14. CPMA. A Combined 28-Day Repeated 

Dose Toxicity Study with the 

Reproduction/Developmental Toxicity 

Screening Test Study of C.I. Pigment 

Blue 61 of Rats by Oral Gavage. 

Submitted on April 13, 2012. Document 

ID number EPA–HQ–OPPT–2005–0033– 

0445. 

15. EPA. Memorandum and attached review 

from Tracy Williamson, ICB, EETD, 

OPPT, to Jim Willis, CITB, CCD, OPPT. 

Review of Determination of Log Kow for 

C.I. Pigment Blue 61. Submitted January 

20, 2010. Document ID number EPA– 

HQ–OPPT–0033–0404. 

16. EPA. Email and attached review from 

Ryan Wallace, EAD, OPPT, to Jeff 

Santacroce, RDMB, IMD, OPPT; Scott 

Sherlock, EAD, OPPT; and Catherine 

Roman, CITB, CCD, OPPT. Review of 

acute toxicity to Daphnia of C.I. Pigment 

Blue 61(CAS No. 1324–76–1). Submitted 

June 14, 2012. Document ID number 

EPA–HQ–OPPT–2005–0033–0450. 

17. EPA. Email and attached review from 

Ryan Wallace, EAD, OPPT, to Jeff 

Santacroce, RDMB, IMD, OPPT; Scott 

Sherlock, EAD, OPPT; and Catherine 

Roman, CITB, CCD, OPPT. Review of 

toxicity to algae of C.I. Pigment Blue 61 

(CAS No. 1324–76–1). Submitted July 11, 

2012. Document ID number EPA–HQ– 

OPPT–2005–0033–0453. 

18. EPA. Email and attached review from 

Ryan Wallace, EAD, OPPT, to Jeff 

Santacroce, RDMB, IMD, OPPT; Scott 

Sherlock, EAD, OPPT; and Catherine 

Roman, CITB, CCD, OPPT. Review of 

repeat-dose toxicity of C.I. Pigment Blue 

61 (CAS No. 1324–76–1). Submitted June 

14, 2012. Document ID number EPA– 

HQ–OPPT–2005–0033–0448. 

19. EPA. Economic Analysis for the Final 

Section 4 Test Rule for High Production 

Volume Chemicals. Prepared by 

Economic Policy and Analysis Branch 

(EPAB), EETD, OPPT. October 28, 2005. 

Document ID number EPA–HQ–OPPT– 

2005–0033–0131. 

20. EPA. Email from Stephanie Suazo to 

Catherine Roman. RE: ‘‘Revised 

Economic Analysis for Revocation of 

Testing Requirements’’ with attached 

economic analysis. December 14, 2009. 

Document ID number EPA–HQ–OPPT– 

2005–0033–0350. 

VIII. Statutory and Executive Order 

Reviews 

This final rule only eliminates 

existing requirements; it does not 

otherwise impose any new or revised 

requirements. As such, this action is not 

subject to review by the Office of 

Management and Budget (OMB) as a 

significant regulatory action under 

Executive Order 12866, entitled 

‘‘Regulatory Planning and Review’’ (58 

FR 51735, October 4, 1993). Nor does it 

impose or change any information 

collection burden that requires 

additional review by OMB under the 

provisions of the Paperwork Reduction 

Act of 1995 (PRA) (44 U.S.C. 3501 et 

seq.). 

Because this final rule eliminates 

existing requirements without imposing 

any new or revised requirements, the 

Agency certifies pursuant to section 

605(b) of the Regulatory Flexibility Act 

(RFA) (5 U.S.C. 601 et seq.), that this 

action will not have a significant 

economic impact on a substantial 

number of small entities. 

For the same reasons, it is not subject 

to the requirements of sections 202 and 

205 of the Unfunded Mandates Reform 

Act (UMRA) (2 U.S.C. 1531–1538), and 

does not significantly or uniquely affect 

small governments or impose a 

significant intergovernmental mandate, 

as described in UMRA sections 203 and 

204. This final rule does not have tribal 

implications, as specified in Executive 

Order 13175, entitled ‘‘Consultation and 

Coordination with Indian Tribal 

Governments’’ (65 FR 67249, November 

9, 2000), or federalism implications as 

specified in Executive Order 13132, 

entitled ‘‘Federalism’’ (64 FR 43255, 

August 10, 1999). 

Since this action is not economically 

significant under Executive Order 

12866, it is not subject to Executive 

Order 13045, entitled ‘‘Protection of 

Children from Environmental Health 

Risks and Safety Risks’’ (62 FR 19885, 

April 23, 1997), and Executive Order 

13211, entitled ‘‘Actions concerning 

Regulations that Significantly Affect 

Energy Supply, Distribution, or Use’’ (66 

FR 28355, May 22, 2001). 

This action does not involve technical 

standards; thus, the requirements of 

section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) do not 

apply. 

The final rule does not involve special 

consideration of environmental justice 

related issues as specified in Executive 

Order 12898, entitled ‘‘Federal Actions 

to Address Environmental Justice in 

Minority Populations and Low-Income 

Populations’’ (59 FR 7629, February 16, 

1994). 

IX. Congressional Review Act (CRA) 

Pursuant to the Congressional Review 

Act (5 U.S.C. 801 et seq.), EPA will 

submit 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 United States prior to 

publication of the rule in the Federal 

Register. This action is not a ‘‘major 

rule’’ as defined by 5 U.S.C. 804(2). 

List of Subjects in 40 CFR Part 799 

Environmental protection, Chemicals, 

Hazardous substances, Reporting and 

recordkeeping requirements. 

Dated: May 6, 2013. 

James Jones, 

Acting Assistant Administrator, Office of 

Chemical Safety and Pollution Prevention. 

Therefore, 40 CFR chapter I is 

amended as follows: 


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PART 799—[AMENDED] 

■ 1. The authority citation for part 799 

continues to read as follows: 

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

■ 2. In § 799.5085, revise CAS No. 

‘‘1324–76–1’’ in Table 2 of paragraph (j) 

to read as follows: 

§ 799.5085 Chemical testing requirements 

for first group of high production volume 

chemicals (HPV1). 

* * * * * 

(j) * * * 

TABLE 2—CHEMICAL SUBSTANCES AND TESTING REQUIREMENTS

CAS No. Chemical name Class 

Required tests 

(see table 3 of 

this section) 

* * * * * * * 

1324–76–1 ........ Benzenesulfonic acid, [[4-[[4-(phenylamino)phenyl][4-(phenylimino)-2,5-cyclohexadien-1- 

ylidene]methyl]phenyl]amino]- 

2 A4, C2, F1. 

* * * * * * * 

* * * * * 

[FR Doc. 2013–11313 Filed 5–10–13; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 120918468–3111–02] 

RIN 0648–XC673 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Big Skate in the 

Central Regulatory Area of the Gulf of 

Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting retention 

of big skate in the Central Regulatory 

Area of the Gulf of Alaska (GOA). This 

action is necessary because the 2013 

total allowable catch of big skate in the 

Central Regulatory Area of the GOA has 

been reached. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), May 8, 2013, through 2400 

hrs, A.l.t., December 31, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Obren Davis, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

GOA exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Gulf of 

Alaska (FMP) prepared by the North 

Pacific Fishery Management Council 

under authority of the MagnusonStevens Fishery Conservation and 

Management Act. Regulations governing 

fishing by U.S. vessels in accordance 

with the FMP appear at subpart H of 50 

CFR part 600 and 50 CFR part 679. 

The 2013 total allowable catch (TAC) 

of big skate in the Central Regulatory 

Area of the GOA is 1,793 metric tons 

(mt) as established by the final 2013 and 

2014 harvest specifications for 

groundfish of the GOA (78 FR 13162, 

February 26, 2013). 

In accordance with § 679.20(d)(2), the 

Administrator, Alaska Region, NMFS 

(Regional Administrator), has 

determined that the 2013 TAC of big 

skate in the Central Regulatory Area of 

the GOA has been reached. Therefore, 

NMFS is requiring that big skate caught 

in the Central Regulatory Area of the 

GOA be treated as prohibited species in 

accordance with § 679.21(b). 

Classification 

This action responds to the best 

available information recently obtained 

from the fishery. The Acting Assistant 

Administrator for Fisheries, NOAA 

(AA), finds good cause to waive the 

requirement to provide prior notice and 

opportunity for public comment 

pursuant to the authority set forth at 5 

U.S.C. 553(b)(B) as such requirement is 

impracticable and contrary to the public 

interest. This requirement is 

impracticable and contrary to the public 

interest as it would prevent NMFS from 

responding to the most recent fisheries 

data in a timely fashion and would 

delay prohibiting the retention of big 

skate in the Central Regulatory Area of 

the GOA. NMFS was unable to publish 

a notice providing time for public 

comment because the most recent, 

relevant data only became available as 

of May 7, 2013. 

The AA also finds good cause to 

waive the 30-day delay in the effective 

date of this action under 5 U.S.C. 

553(d)(3). This finding is based upon 

the reasons provided above for waiver of 

prior notice and opportunity for public 

comment. 

This action is required by § 679.20 

and § 679.21 and is exempt from review 

under Executive Order 12866. 

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

Dated: May 8, 2013. 

James P. Burgess, 

Acting Deputy Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2013–11311 Filed 5–8–13; 4:15 pm] 

BILLING CODE 3510–22–P 


emcdonald on DSK67QTVN1PROD with RULES