10006 Federal Register / Vol. 62, No. 43 / Wednesday, March 5, 1997 / Proposed Rules

Dated: February 20, 1997.

Matthew Hale,

Acting Director, Office of Solid Waste.

[FR Doc. 97–5419 Filed 3–4–97; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 372

[OPPTS–400101; FRL–5584–9]

RIN 2070-AC00

Polymeric Diphenylmethane

Diisocyanate; Toxic Chemical Release

Reporting; Community Right-to-Know

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Denial of petition.

SUMMARY: EPA is denying a petition to

remove polymeric diphenylmethane

diisocyanate (PMDI) from the

diisocyanates category subject to the

reporting requirements under section

313 of the Emergency Planning and

Community Right-to-Know Act of 1986

(EPCRA) and section 6607 of the

Pollution Prevention Act of 1990 (PPA).

EPA has reviewed the available

toxicological data on this chemical and

has determined that PMDI does not

meet the section 313(d)(3) deletion

criterion. Therefore, EPA is denying the

petitioner’s request to remove PMDI

from the EPCRA section 313

diisocyanates category.

FOR FURTHER INFORMATION CONTACT:

Daniel R. Bushman, Acting Petitions

Coordinator, 202–260–3882, or e-mail:

bushman.daniel@epamail.epa.gov, for

specific information regarding this

document or for more information on

EPCRA section 313, the Emergency

Planning and Community Right-toKnow Hotline, Environmental

Protection Agency, Mail Code 5101, 401

M St., SW., Washington, DC 20460, Toll

free: 1–800–535–0202, in Virginia and

Alaska: 703–412–9877 or Toll free TDD:

1-800-553-7672.

SUPPLEMENTARY INFORMATION:

I. Introduction

A. Statutory Authority

This action is taken under sections

313(d) and (e)(1) of the Emergency

Planning and Community Right-toKnow Act of 1986 (EPCRA), 42 U.S.C.

11023. EPCRA is also referred to as Title

III of the Superfund Amendments and

Reauthorization Act of 1986 (SARA)

(Pub. L. 99-499).

B. Background

Section 313 of EPCRA requires certain

facilities manufacturing, processing, or

otherwise using listed toxic chemicals

to report their environmental releases of

such chemicals annually. Beginning

with the 1991 reporting year, such

facilities also must report pollution

prevention and recycling data for such

chemicals, pursuant to section 6607 of

the Pollution Prevention Act of 1990

(PPA), 42 U.S.C. 13106. Section 313

established an initial list of toxic

chemicals that was comprised of more

than 300 chemicals and 20 chemical

categories. Polymeric diphenylmethane

diisocyanate (PMDI) is a diisocyanate

chemical reportable under the

diisocyanates category which was added

to the EPCRA section 313 list of toxic

chemicals on November 30, 1994 (59 FR

61432) (FRL–4922–2). Section 313(d)

authorizes EPA to add or delete

chemicals from the list, and sets forth

criteria for these actions. EPA has added

and deleted chemicals from the original

statutory list. Under section 313(e)(1),

any person may petition EPA to add

chemicals to or delete chemicals from

the list. Pursuant to EPCRA section

313(e)(1), EPA must respond to petitions

within 180 days, either by initiating a

rulemaking or by publishing an

explanation of why the petition is

denied.

EPCRA section 313(d)(2) states that a

chemical may be listed if any of the

listing criteria are met. Therefore, in

order to add a chemical, EPA must

demonstrate that at least one criterion is

met, but does not need to examine

whether all other criteria are also met.

Conversely, in order to remove a

chemical from the list, EPA must

demonstrate that none of the criteria are

met.

EPA issued a statement of petition

policy and guidance in the Federal

Register of February 4, 1987 (52 FR

3479), to provide guidance regarding the

recommended content and format for

submitting petitions. On May 23, 1991

(56 FR 23703), EPA issued guidance

regarding the recommended content of

petitions to delete individual members

of the section 313 metal compound

categories. EPA has also published a

statement clarifying its interpretation of

the section 313(d)(2) and (3) criteria for

adding and deleting chemical

substances from the section 313 list (59

FR 61432).

II. Description of Petition

On August 15, 1995, EPA received a

petition from the Polyurethane Division

of the Society of the Plastics Industry

(SPI) to delete PMDI (Chemical

Abstracts Service Registry Number

(CASRN) 9016–87–9) from the list of

chemicals reportable under EPCRA

section 313 and PPA section 6607.

Specifically, the petitioner requested

that PMDI be removed from the EPCRA

section 313 diisocyanates category. The

petitioner contends that PMDI should be

delisted because: (1) PMDI does not

independently meet the EPCRA section

313 toxicity criteria since it is a mixture

that contains approximately 50 percent

4,4’-methylenediphenylene isocyanate

(MDI), and it is the MDI that dominates

the toxicity of the mixture; (2) PMDI is

not a diisocyanate and does not meet

the molecular weight criterion of the

diisocyanates category that the

petitioner claims was set by EPA; (3)

MDI, which is the constituent of toxic

concern, is listed in the diisocyanates

category and its releases would continue

to be reported by users of PMDI; and (4)

the higher molecular weight oligomers

that make up the other 50 percent of

PMDI have low volatility relative to

other members of the diisocyanates

category which prevents significant

environmental exposures.

Because the petitioner does not

dispute the listing of MDI and

acknowledges that the MDI component

of PMDI is a source of the toxicity of

PMDI, this petition is limited to the

issue of whether the higher molecular

weight oligomers in PMDI can

reasonably be anticipated to add to the

toxicity of PMDI such that PMDI should

be included as a separate chemical in

the diisocyanates category.

III. EPA’s Technical Review of PMDI

A. Introduction

On November 30, 1994 (59 FR 61432),

EPA added the diisocyanates category to

the EPCRA section 313 list of toxic

chemicals based on concerns for chronic

pulmonary toxicity. There are no other

criteria for defining this EPCRA section

313 category. The diisocyanates

category consists of a list of 20

individual diisocyanates, including

PMDI. The reference that the petitioner

makes to a ‘‘molecular weight criteria

set by EPA for the diisocyanates

category’’ refers to the definition EPA

set for the diisocyanates category under

review by EPA’s Office of Pollution

Prevention and Toxics (OPPT) in the

existing chemicals program (Ref. 1). The

OPPT existing chemicals review was

undertaken to determine whether to

regulate diisocyanates under the Toxic

Substances Control Act (TSCA). The

TSCA diisocyanates category was

defined as ‘‘monomeric diisocyanates of

molecular weight less than or equal to

300, plus polymeric diphenylmethane

diisocyanate (which is only 40 to 60

percent polymerized).’’ While EPA

included all members of the TSCA

category in the EPCRA section 313

diisocyanates category, it did not
Federal Register / Vol. 62, No. 43 / Wednesday, March 5, 1997 / Proposed Rules 10007

include any molecular weight criterion

or any other criteria other than the list

of chemicals included in the EPCRA

category. Therefore, molecular weight

alone does not exclude a diisocyanate

from being included in the EPCRA

section 313 diisocyanates category.

The technical review of the petition to

delete polymeric diphenylmethane

diisocyanate included a review of the

chemistry of PMDI (Refs. 2 and 3) and

available toxicological data (Refs. 3-16).

The focus of EPA’s review, however,

was on whether the higher molecular

weight oligomers in PMDI can

reasonably be anticipated to cause

chronic pulmonary toxicity.

B. Chemistry

PMDI is manufactured by a process

that results in a mixture that contains

approximately 50 percent MDI and 50

percent higher molecular weight

oligomers (Refs. 2 and 3). PMDI

typically contains the following

products in the percent ranges indicated

in the figure below:

n MW Weight %

0 (MDI) 250 40-60

1 381 25-35

2 512 10-20

3 643 <5

4 774 trace

The higher molecular weight oligomers

are those where n = 1 or greater in the

above figure. As indicated above, less

than 5 percent of the compounds in the

mixture have a molecular weight greater

than 512. The higher molecular weight

oligomers contain the diisocyanate

moiety; however, they are not formally

identified as diisocyanates since they

have more than two isocyanate groups.

Since the reactive sites in diisocyanates

are the isocyanate groups, these extra

isocyanate groups are additional

reactive sites (both chemically and

biologically) within the molecule (Ref.

4). These higher molecular weight

oligomers are structurally very similar

to MDI, varying only by the sequential

addition of an aromatic ring and an

isocyanate group.

Since the higher molecular weight

oligomers are never isolated as pure

compounds, their physical/chemical

properties have not been measured and

must be estimated. Using data on MDI

as a reference point, the estimated

melting point range for the higher

molecular weight oligomers in PMDI

would be 30-50 °C, the estimated boiling

point would be > 400 °C and the

estimated vapor pressure would be < 1

x 10-5 millimeters mercury (mm Hg)

(Ref. 2).

C. Toxicity Evaluation

In a 2–year chronic inhalation study

(Refs. 12 and 13), Wistar rats (60/sex/

exposure level) were exposed wholebody to 0, 0.2, 1.0, and 6.0 milligrams

per cubic meter (mg/m3) of PMDI

aerosol for 6 hours/day (hrs/day), 5

days/week (days/wk), for 24 months.

The PMDI material tested was a dark

brown liquid with an average molecular

weight of about 400 that contained 47

percent MDI and 53 percent higher

molecular weight oligomers. Ninety five

percent of the particles in the aerosols

generated were smaller than 5

micrometers.

There were no treatment-related

deaths, changes in body weights,

clinical signs or effects on serum

chemistry, hematology or urinalysis

parameters. There was a significant

increase in lung weights in both males

and females exposed to 6.0 mg/m3 after

1 and 2 years. In the 2–year study, males

exposed to the highest dose had

increased incidence of spotted and

discolored lungs. At the interim

sacrifices at 1 year, males and females

in the highest dose group had treatment

related histological changes in the nasal

cavity, lungs and mediastinal lymph

nodes. The incidence and severity of

degeneration and basal cell hyperplasia

of the olfactory epithelium and

Bowman’s gland hyperplasia were

increased in males of the 1.0 and 6.0

mg/m3 groups and in females of the high

dose group following the 2 year

exposure period. The lungs from the rats

of the 1.0 and 6.0 mg/m3 group had

similar changes to, but more severe

than, those found after 1 year of

exposure. There were significant

increases in alveolar duct

epithelialization, accumulation of

macrophages containing PMDI

associated yellow pigment and focal

fibrosis in males and females of the mid

and high dose groups. Pulmonary

adenomas were found in 6 males and 2

females and 1 male had pulmonary

adenocarcinoma in the 6.0 mg/m3

group. The data obtained in this chronic

inhalation study identifies a noobserved-adverse-effect-level (NOAEL)

of 0.2 mg/m3 (duration-adjusted

concentration = 0.036 mg/m3) and a

lowest-observed-adverse-effect-level

(LOAEL) of 1.0 mg/m3 (durationadjusted concentration = 0.18 mg/m3)

based on hyperplasia of the olfactory

epithelium.

In a 90-day inhalation study (Ref. 14),

Wistar rats (15/sex/dose) were exposed

to 4, 8, and 12 mg/m3 of PMDI aerosol

for 6 hrs/day, 5 days/wk, for 13 weeks.

The content of the PMDI was

approximately 52 percent MDI and 48

percent higher molecular weight

oligomers and 95 percent of the

particles in the aerosols had

aerodynamic diameters of < 5

micrometers. Mortality and severe

respiratory distress occurred in the 12

mg/m3 dosed group, and less severe

symptoms occurred in the 8 mg/m3

dosed group. A dose related increase in

lung weight was noted in the 8 and 12

mg/m3 dose groups for both males and

females. Degenerative lesions occurred
10008 Federal Register / Vol. 62, No. 43 / Wednesday, March 5, 1997 / Proposed Rules

in the olfactory epithelium of the nasal

cavity of both males and females in the

12 mg/m3 groups. There was a

significant increase in macrophages in

the lungs and lymph nodes of all

exposed animals (4 mg/m3 or higher)

compared with control groups. This

study demonstrated adverse effects in

the lungs and nasal cavity at levels of 4

mg/m3 and above.

Although there are no toxicological

studies available on the higher

molecular weight oligomers of PMDI in

the absence of MDI, there is indirect

evidence, from studies of diisocyanates

other than PMDI, to support the

conclusion that the higher molecular

weight oligomers can cause chronic

pulmonary toxicity. For some other

diisocyanates, the higher molecular

weight oligomers rather than the

monomeric form may induce adverse

pulmonary effects. In one study (Ref.

15), subjects exposed to a prepolymer of

toluene diisocyanate (TDI) in wood

varnish exhibited an asthmatic reaction,

but exposure to monomeric TDI did not

elicit the same response. Another

prospective study (Ref. 16), was

conducted among 10 workers with

occupational asthma caused by spray

paints which contained both monomeric

hexamethylene diisocyanate (HDI) and

polymeric HDI. In the study, four

workers developed asthmatic reactions

only after exposure to polymeric HDI

and not after exposure to monomeric

HDI.

In the chronic inhalation studies

discussed above, the test animals where

exposed to aerosols of PMDI which

should have contained a representative

sample of all of the components of

PMDI. From these chronic inhalation

studies, it is not possible to separate out

the adverse health effects caused by

MDI from those caused by the higher

molecular weight oligomers and EPA is

aware of no studies on the higher

molecular weight oligomers themselves.

However, given the structural

similarities between MDI and the higher

molecular weight oligomers, it is

reasonable to anticipate that their

toxicological properties will be similar

to those of MDI and upon exposure will

result in the adverse health effects

observed in the PMDI studies. In

addition, the indirect evidence

discussed above also supports this

conclusion.

D. Technical Summary

The technical review of the petition to

delete polymeric diphenylmethane

diisocyanate from the diisocyanates

category focused on the chronic toxicity

of the higher molecular weight

oligomers contained in PMDI. Animal

studies conducted on aerosolized PMDI

have demonstrated that PMDI can cause

chronic pulmonary toxicity. Because of

the structural similarities between MDI

and the higher molecular weight

oligomers of PMDI, there is no basis to

conclude that the toxicity observed in

these studies is due only to the MDI

present in PMDI. Based on a review of

the available data on PMDI and other

diisocyanates, EPA has determined that

there is sufficient evidence to

reasonably anticipate that the higher

molecular weight oligomers of PMDI

can cause chronic pulmonary toxicity.

IV. Rationale for Denial

EPA is denying the petition submitted

by the Polyurethane Division of the

Society of the Plastics Industry to delete

PMDI from the diisocyanates category

on the EPCRA section 313 list of toxic

chemicals. This denial is based on

EPA’s conclusion that, based on

available data on PMDI and other

diisocyanates, the higher molecular

weight oligomers of PMDI can

reasonably be anticipated to cause

chronic pulmonary toxicity. EPA

considers the LOAEL of 1.0 mg/m3 and

the NOAEL of 0.2 mg/m3 for PMDI to be

relatively low doses and thus EPA does

not consider PMDI to have low chronic

toxicity. Therefore, in accordance with

EPA’s stated policy on the use of

exposure assessments (59 FR 61432,

November 30, 1994), EPA does not

believe that an exposure assessment is

necessary to conclude that PMDI meets

the toxicity criterion of EPCRA section

313(d)(2)(B).

V. References

1. USEPA, OPPTS, 1995.

Memorandum from Sandra StrassmanSundy, Existing Chemical Assessment

Division, re: Additions to Section 313.

(May 6, 1992).

2. USEPA, OPPTS, 1995. Chemistry

Report for Delisting of Polymeric MDI

by Diana Darling, Industrial Chemistry

Branch, Economics, Exposure and

Technology Division, Office of Pollution

Prevention and Toxics. (September 25,

1995).

3. USEPA, OPPTS, 1995.

Memorandum from James W. Holder,

Effects Identification and

Characterization Group, National Center

for Environmental Assessment, Office of

Research and Development, re:

Response to Delist Polymeric MDI

(PMDI) from Ongoing MDI Reporting

under Section 313, Toxic Chemical

Release Reporting of EPCRA (Emergency

Right-to-Know Act of SARA of 1986).

(September 18, 1995).

4. Dynamac. 1987. Generic Health

Hazard Assessment of the Chemical

Class Diisocyanates, Final Report May 5,

1987, Appendix 4. EPA Contract No. 68-

02-3990, Work Assignment No. 205.

Submitted to USEPA, Office of Toxic

Substances, Health and Environmental

Review Division, Washington, DC

Prepared by Dynamac Corporation,

Rockville, MD.

5. USEPA, OPPTS, 1995.

Memorandum from Nicole Paquette,

Health Effects Branch, Health and

Environmental Review Division, Office

of Pollution Prevention and Toxics, re:

Review of the Delisting Petition for

Polymeric Diphenylmethane

Diisocyanate (PMDI). (September 20,

1995).

6. USEPA, OPPTS, 1995.

Memorandum from Daniel Bushman,

Industrial Chemistry Branch,

Economics, Exposure and Technology

Division, Office of Pollution Prevention

and Toxics, re: Health Effects Review for

Polymeric Diphenylmethane

Diisocyanate. (October 2, 1995).

7. USEPA, OPPTS, 1995.

Memorandum from Nicole Paquette,

Health Effects Branch, Health and

Environmental Review Division, Office

of Pollution Prevention and Toxics, re:

Health Effects Review for Polymeric

Diphenylmethane Diisocyanate (PMDI).

(October 5, 1995).

8. USEPA, OPPTS, 1995.

Memorandum from Elbert L. Dage,

Analysis and Information Management

Branch, Chemical Screening and Risk

Assessment Division, Office of Pollution

Prevention and Toxics. re: Risk

Assessment Review for Polymeric

Diphenylmethane Diisocyanate (PMDI).

(November 7, 1995).

9. USEPA, OPPTS, 1996.

Memorandum from Nicole Paquette,

Health Effects Branch, Health and

Environmental Review Division, Office

of Pollution Prevention and Toxics, re:

Health Effects Review for Polymeric

Diphenylmethane Diisocyanate (PMDI).

(January 16, 1996).

10. USEPA, OPPTS, 1996.

Memorandum from Daniel Bushman,

Toxics Release Inventory Branch,

Environmental Assistance Division, re:

EPCRA Section 313 Petition to Delist

PMDI. (July 8, 1996).

11. USEPA, OPPTS, 1996.

Memorandum from Nicole Paquette,

Health Effects Branch, Health and

Environmental Review Division, Office

of Pollution Prevention and Toxics, re:

EPCRA Section 313 Petition to Delist

Polymeric Diphenylmethane

Diisocyanate (PMDI). (July 9, 1996).

12. Reuzel, P.G.J., Arts, J.H.E., Lomax,

L.G., Kuijpers, M.H.M., Kuper, C.F.,

Feron, V.J., Loser, E., ‘‘Chronic

Inhalation Toxicity and Carcinogenicity

Study of Respirable Polymeric
Federal Register / Vol. 62, No. 43 / Wednesday, March 5, 1997 / Proposed Rules 10009

Methylene Diphenyl Diisocyanate

(Polymeric MDI) Aerosol in Rats,’’

Journal of Fundamental and Applied

Toxicology, v. 22, (1994), pp. 195-210.

13. Reuzel, P.G.J., Arts, J.H.E.,

Kuypers, M.H.M., Kuper, C.F., ‘‘Chronic

Toxicity/Carcinogenicity Inhalation

Study of Polymeric Methylene Diphenyl

Diisocyanate Aerosol in Rats (Final

Report),’’ Prepared by Civo Institute for

the International Isocyanate Institute.

Report No. V88.122. (March 1990).

14. Reuzel, P.G.J., Kuper, C.F., Feron,

V.J., Appelman, L.M., Loser, E., ‘‘Acute,

Subacute, and Subchronic Inhalation

Toxicity Studies of Respirable

Polymeric Methylene Diphenyl

Diisocyanate (Polymeric MDI) Aerosol

in Rats,’’ Journal of Fundamental and

Applied Toxicology, v. 22, (1994), pp.

186-194.

15. Vandenplas, O., Malo, J.L., Saetta,

M., Mapp, C.E., Fabbri, L.M.,

‘‘Occupational Asthma and Extrinsic

Alveolitis Due to Isocyanates: Current

Status and Perspective,’’ British Journal

of Industrial Medicine, v. 30, (1993), pp.

213-228.

16. Vandenplas, O., Cartier, A.,

Lesage, J., Cloutier, Y., Perrault, G.,

Grammar, L.C., Shaughnessy, M.A.,

Malo, J.L., ‘‘Prepolymers of

Hexamethylene Diisocyanate as a Cause

of Occupational Asthma,’’ Journal of

Allergy and Clinical Immunology, v. 91,

(1993), pp. 850-861.

VI. Administrative Record

The record supporting this decision is

contained in docket control number

OPPTS–400101. All documents,

including the references listed in Unit

V. of this document and an index of the

docket, are available to the public in the

TSCA Nonconfidential Information

Center (NCIC), also known as the Public

Docket Office, from noon to 4 p.m.,

Monday through Friday, excluding legal

holidays. The TSCA NCIC is located at

EPA Headquarters, Rm. NE-B607, 401 M

St., SW., Washington, DC 20460.

List of Subjects in 40 CFR Part 372

Environmental protection,

Community right-to-know, Reporting

and recordkeeping requirements, and

Toxic chemicals.

Dated: February 20, 1997.

Lynn R. Goldman,

Assistant Administrator for Prevention,

Pesticides and Toxic Substances.

[FR Doc. 97–5307 Filed 3–4–97; 8:45 am]

BILLING CODE 6560–50–F

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

45 CFR Parts 16, 74, 75, and 95

Indirect Cost Appeals

AGENCY: Department of Health and

Human Services (HHS).

ACTION: Notice of Proposed Rulemaking

(NPRM).

SUMMARY: This NPRM would remove the

informal grant appeals procedure for

indirect cost rates and other cost issues.

The regional HHS Divisions of Cost

Allocation have been reorganized into a

new Program Support Center and no

longer report to the Regional Directors,

making the process obsolete. The

Department also sees little value in this

formal appeals process because it

frequently lengthens the time required

for appeals. Deletion of this rule will

reduce internal management regulations

as required by Executive Order 12861.

DATES: Comments must be submitted by

May 5, 1997.

ADDRESSES: Comments must be in

writing and should be mailed or faxed

to Charles Gale, Director, Office of

Grants Management, HHS, Room 517–D,

200 Independence Ave. SW.,

Washington DC 20201; FAX (202) 690–

8772. Written comments may be

inspected at the identified address

during agency business hours from 9:30

a.m. to 5:30 p.m.

FOR FURTHER INFORMATION CONTACT:

Ronald Speck, (202) 401–2751. For the

hearing impaired only: TDD (202) 690–

6415.

SUPPLEMENTARY INFORMATION: We

propose to remove 45 CFR part 75,

‘‘Informal grant appeals procedures,’’

together with all references to it. Part 75

provides for an informal appeals process

to the Regional Directors (prior to formal

appeals under 45 CFR part 16) for

disputes arising from determinations

made by a Director, Division of Cost

Allocation (DCA) in the Department’s

regional offices, concerning indirect cost

rates and certain other cost allocation

plans. The Department’s Divisions of

Cost Allocation have been reorganized

into a new Program Support Center and

no longer report to the Regional

Directors. Consequently the procedures

in part 75 are obsolete.

In addition, experience has shown

that this informal appeals process

actually resolves very few of the covered

disputes, because most of these informal

appeals are subsequently appealed to

the Departmental Appeals Board

established by 45 CFR part 16.

Therefore, this informal appeals process

has the effect of lengthening the total

time required to finally resolve the

subject appeals.

Since the department sees little value

in this informal appeals process, and

this process is obsolete, we propose to

eliminate part 75 and thereby reduce

internal management regulations as

required by Executive Order 12861.

Regulatory Impact Analyses

Executive Order 12866

In accordance with the provisions of

Executive Order 12866, this proposed

rule was not reviewed by the Office of

Management and Budget.

Regulatory Flexibility Act

The Secretary, in accordance with the

Regulatory Flexibility Act (5 U.S.C.

605(b)), has reviewed this proposed rule

before publication and, by approving it,

certifies that it does not have a

significant impact on a substantial

number of small entities.

Paperwork Reduction Act

This proposed rule does not contain

information collection requirements

requiring clearance under the

Paperwork Reduction Act.

List of Subjects in 45 CFR Parts 16, 74,

75, and 95

Accounting, Administrative practice

and procedure, Grant programs—health,

Grant programs—social programs,

Grants administration, Reporting and

recordkeeping requirements.

(Catalog of Federal Domestic Assistance

Number does not apply)

Dated: February 25, 1997.

Donna E. Shalala,

Secretary.

Accordingly, for the reasons set forth

above, it is proposed that title 45 of the

Code of Federal Regulations be

amended as follows:

PART 16—PROCEDURES OF THE

DEPARTMENTAL GRANT APPEALS

BOARD

1. The authority citation for part 16

would continue to read as follows:

Authority: 5 U.S.C. 301 and secs. 1, 5, 6,

and 7 of Reorganization Plan No. 1 of 1953,

18 FR 2053, 67 Stat. 631 and authorities cited

in the Appendix.

§ 16.3 [Amended]

2. Section 16.3 would be amended in

paragraph (c) by removing the words

‘‘and part 75 of this title for rate

determinations and cost allocation

plans’’.