1306 Federal Register / Vol. 62, No. 6 / Thursday, January 9, 1997 / Proposed Rules

Based on these findings EPA’s

regulation of the acrylates category

under TSCA section 5(e) has changed.

EPA no longer regulates these chemicals

as a category for health concerns.

However, if an acrylate or methacrylate

substance is structurally similar to a

substance for which EPA has positive

toxicity data, EPA may regulate that

substance under section 5(e) of TSCA

based on its potential unreasonable risk.

Henceforth this will be done on a caseby-case basis and is expected to

effectively eliminate regulation of most

acrylates and methacrylates for health

concerns, especially higher molecular

weight and polymeric substances. EPA

will continue to evaluate the acrylate

category for ecotoxicity; although these

substances typically have low

environmental releases during their

manufacture, processing, and use which

will continue to limit unreasonable risk

findings under section 5(e) of TSCA for

the environmental toxicity of this class

of chemicals.

Despite the fact that EPA no longer

expects to make a potential

unreasonable risk finding under TSCA

section 5(e) for most new acrylates and

methacrylates, EPA still recommends

the use of personal protective

equipment for workers exposed to new

or existing chemical acrylates and

methacrylates. In the case of dermal

exposure, impervious gloves and

protective clothing are recommended,

and in the case of inhalation exposure,

an appropriate National Institute of

Occupational Safety and Health

(NIOSH)-approved respirator or

engineering controls to reduce or

eliminate workplace exposures.

III. Objectives and Rationale of

Withdrawing the Proposed Rule

Based on the review of acrylate esters

that are the subject of this withdrawal

of a proposed SNUR, EPA concluded

that for these substances, regulation was

warranted under section 5(a) of TSCA

pending the development of information

sufficient to make reasoned evaluations

of the health effects of the substance,

and EPA identified the tests considered

necessary to evaluate the risks of the

substances. The basis for such findings

is referenced in Unit II of this preamble.

Based on these findings, a SNUR was

proposed pending certain toxicity

testing.

EPA reviewed the toxicity testing

conducted for certain acrylate

substances, that were the result of a

voluntary acrylates testing program and

determined that it could no longer

support a finding that activities

designated by the proposed SNUR are

significant new uses under section 5(a)

of TSCA.

In light of the above, EPA is

withdrawing the proposed SNUR

provisions for acrylate esters.

IV. Regulatory Assessment

Requirements

EPA is revoking the requirements of

this rule. Any costs or burdens

associated with this rule will also be

eliminated when the rule is revoked.

Therefore, EPA finds that no costs or

burdens must be assessed under

Executive Order 12866, the Regulatory

Flexibility Act (5 U.S.C. 605(b)), or the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.).

List of Subjects in 40 CFR Part 721

Environmental protection, Chemicals,

Hazardous materials, Recordkeeping

and reporting requirements.

For the reasons set forth in the

preamble, the proposed rule published

at 58 FR 61649, November 22, 1993, is

withdrawn.

Dated: December 26, 1996.

Paul J. Campanella,

Acting Director, Chemical Control Division,

Office of Pollution Prevention and Toxics.

[FR Doc. 97–513 Filed 1–8–97; 8:45 am]

BILLING CODE 6560–50–F

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 600

[Docket No. 961030300–6369–02; I.D.

120996A]

RIN 0648–AJ30

Magnuson Act Provisions; Essential

Fish Habitat (EFH)

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Advance notice of proposed

rulemaking; notice of availability;

request for comments.

SUMMARY: NMFS has developed a

framework for guidelines to implement

the requirements of the MagnusonStevens Fishery Conservation and

Management Act (Magnuson-Stevens

Act), as mandated by the Sustainable

Fisheries Act. This framework will be

expanded into guidelines, by regulation,

that will assist Fishery Management

Councils (Councils) in the description

and identification of essential fish

habitat (EFH), including adverse

impacts on EFH, in fishery management

plans (FMPs) and in the consideration

of actions to conserve and enhance EFH.

An advance notice of proposed

rulemaking was published on November

8, 1996, soliciting comments to assist

NMFS in developing this framework

and eventually the guidelines by

regulation. NMFS now announces the

availability of this framework and

invites interested persons to submit

written comments, information, and

suggestions.

DATES: Written comments must be

received on or before February 12,

1997.

ADDRESSES: Comments should be sent to

the Director, Office of Habitat

Conservation, Attention: EFH, National

Marine Fisheries Service, 1315 EastWest Highway, Silver Spring, MD

20910–3282. A copy of the framework is

available (see SUPPLEMENTARY

INFORMATION).

FOR FURTHER INFORMATION CONTACT: Lee

Crockett, NMFS, 301/713–2325.

SUPPLEMENTARY INFORMATION:

A copy of the framework is available

via the Internet at: http://

kingfish.ssp.nmfs.gov/rschreib/html/

anpr2.htm, or by contacting one of the

following NMFS Offices:

Office of Habitat Conservation,

Attention: EFH, National Marine

Fisheries Service, 1315 East-West

Highway, Silver Spring, MD 20910–

3282; 301/713–2325.

Northeast Regional Office, Attention:

Habitat and Protected Resources

Division, One Blackburn Drive,

Gloucester, MA 01930; 508/281–9328.

Southeast Regional Office, Attention:

Habitat Conservation Division, 9721

Executive Center Drive North, St.

Petersburg, FL 33702; 813/570–5317.

Southwest Regional Office, Attention:

Habitat Conservation Division, 501 West

Ocean Blvd., Suite 4200, Long Beach,

CA 90802; 310/980–4041.

Northwest Regional Office, Attention:

Habitat Conservation Branch, 911 NE.

11th Avenue, Room 620, Portland, OR

97232; 503/230–7235.

Alaska Regional Office, Attention:

Protected Resources Management

Division, 9109 Mendenhall Road, P.O.

Box 21668, Juneau, AK 99801; 907/586–

7235.

NMFS invites comments and

information to support efforts to

implement the Magnuson-Stevens Act

(16 U.S.C. 1801 et seq.) mandate to

develop guidelines by regulation to

describe and identify EFH, including

adverse impacts and conservation and

enhancement actions, for fisheries

managed by any Council or NMFS.
Federal Register / Vol. 62, No. 6 / Thursday, January 9, 1997 / Proposed Rules 1307

Specifically, NMFS is interested in

receiving comments and information on:

(1) The proposed tiered approach to the

description and identification of EFH;

(2) the proposed approach to the

identification of adverse impacts to

EFH; (3) the use of geographic

information systems to display EFH; (4)

potential impacts of fishing on EFH and

conservation and management measures

to minimize or mitigate those impacts;

(5) the proposed process for NMFS to

provide EFH recommendations to the

Councils; (6) the proposed process for

Federal and state agencies to consult

with NMFS on activities that may

adversely impact EFH; (7) the proposed

procedures for NMFS to provide EFH

conservation recommendations to

Federal and state agencies; (8) the

proposed process for Councils to

comment on Federal and state activities

that may adversely affect EFH; and (9)

the proposed process for NMFS and the

Councils to coordinate consultations

and recommendations. NMFS also

invites comments on which portions of

the framework should be adopted by

regulation.

Background and rationale were

provided in the previous advance notice

of proposed rulemaking (61 FR 57843,

November 8, 1996) and are not repeated

here.

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

Dated: January 3, 1997.

Charles Karnella,

Acting Deputy Assistant Administrator for

Fisheries, National Marine Fisheries Service.

[FR Doc. 97–515 Filed 1–8–96; 8:45 am]

BILLING CODE 3510–22–F