19838 Federal Register / Vol. 63, No. 77 /Wednesday, April 22, 1998 /Rules and Regulations

designed to provide greater flexibility

only to the OSi Specialties, Inc.,

Sistersville Plant, and did not impose or

remove additional regulatory

requirements on other regulated entities.

List of Subjects in 40 CFR Parts 264 and

265

Environmental protection, Air

pollution control, Control device,

Hazardous waste, Monitoring, Reporting

and recordkeeping requirements,

Surface impoundment, Treatment

storage and disposal facility, Waste

determination.

Dated: April 16, 1998.

Carol M. Browner,

Administrator.

Accordingly, 40 CFR Chapter I is

amended as follows:

PART 264—STANDARDS FOR

OWNERS AND OPERATORS OF

HAZARDOUS WASTE TREATMENT,

STORAGE, AND DISPOSAL

FACILITIES

1. The authority citation for part 264

continues to read as follows:

Authority: 42 U.S.C. 6905, 6912(a), 6924,

and 6925.

Subpart CC—Air Emission Standards

for Tanks, Surface Impoundments, and

Containers

§ 264.1080 [Amended]

2. Section 264.1080 is amended by

removing paragraphs (f) and (g).

PART 265—INTERIM STATUS

STANDARDS FOR OWNERS AND

OPERATORS OF HAZARDOUS WASTE

TREATMENT, STORAGE, AND

DISPOSAL FACILITIES

3. The authority citation for part 265

continues to read as follows:

Authority: 42 U.S.C. 6905, 6912(a), 6924,

6925, and 6935.

Subpart CC—Air Emission Standards

for Tanks, Surface Impoundments, and

Containers

§ 265.1080 [Amended]

4. Section 265.1080 is amended by

removing paragraphs (f) and (g).

[FR Doc. 98–10861 Filed 4–21–98; 8:45 am]

BILLING CODE 6560–50–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 372

[OPPTS–400082D; FRL–5785–5]

Deletion of Certain Chemicals; Toxic

Chemical Release Reporting;

Community Right-to-Know

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: EPA is today amending its

regulations to delete several chemicals

and chemical categories from the list of

chemicals subject to reporting 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).

This action is being taken to comply

with a January 12, 1998 order from the

United States District Court for the

District of Columbia. Because this action

is being taken to conform the

regulations to the court’s order, notice

and comment are not required, and this

rule is effective immediately.

EFFECTIVE DATE: This rule is effective

April 22, 1998.

FOR FURTHER INFORMATION CONTACT:

Daniel R. Bushman, Petitions

Coordinator, 202–260–3882 or e-mail:

bushman.daniel@epamail.epa.gov. For

specific information regarding this

document or for further information on

EPCRA section 313, contact the

Emergency Planning and Community

Right-to-Know Information 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: In the

Federal Register of November 30, 1994

(59 FR 61432) (FRL-4922-2), EPA issued

a final rule entitled ‘‘Addition of Certain

Chemicals; Toxic Chemical Release

Reporting; Community Right-to-Know’’

under section 313(d) of EPCRA, 42

U.S.C. 11023(d). That rule added 286

chemicals and chemical categories

(hereinafter collectively ‘‘chemicals’’) to

the list of toxic chemicals subject to

reporting under section 313 of EPCRA,

42 U.S.C. 11023, and section 6607 of the

PPA, 42 U.S.C. 13106(a).

The Chemical Manufacturers

Association (CMA) and several other

plaintiffs filed suits challenging various

aspects of the rule in the United States

District Court for the District of

Columbia. During the pendency of those

cases, EPA and CMA entered into an

agreement whereby EPA consented to

the remand and vacatur of

dimethyldichlorosilane,

methyltrichlorosilane, and

trimethylchlorosilane (hereinafter

collectively ‘‘chlorosilanes’’) which had

been added by the rule. An order to that

effect was issued by the District Court.

Subsequently, the court granted

summary judgment in favor of EPA on

all remaining issues raised in the cases.

See National Oilseed Processors Ass’n,

et al. v. Browner, 924 F. Supp. 1193

(D.D.C. 1996).

On appeal, the Court of Appeals for

the District of Columbia Circuit upheld

the lower court’s decision on all issues

except EPA’s listing of 2,6-

dimethylphenol (DMP) and 2-bromo-2-

nitropropane-1,3-diol (Bronopol). See

Troy Corp., et al. v. Browner, 120 F.3d

277 (D.C. Cir. 1977). As to those

chemicals, by order dated December 16,

1997 the court remanded the District

Court’s decision with instructions to

remand EPA’s action to the Agency for

further proceedings consistent with the

Court of Appeals’ ruling. On CMA’s

motion, the District Court then issued a

January 12, 1998 order (Chemical

Manufacturers Association v. Browner,

et al., No. 1:95CV01673) vacating the

listing of DMP and Bronopol, and

directing EPA to publish a notice

removing chlorosilanes, DMP, and

Bronopol from the EPCRA section 313

list of reportable toxic chemicals.

Accordingly, EPA is issuing this final

rule revising the EPCRA section 313 list

of reportable chemicals in 40 CFR

372.65 to delete chlorosilanes, DMP,

and Bronopol. Under 5 U.S.C.

553(b)(3)(A), the notice-and-comment

requirements of the Federal

Administrative Procedure Act (5 U.S.C.

551-706) do not apply where the Agency

‘‘for good cause finds . . . that notice and

public procedure thereon are

impracticable, unnecessary, or contrary

to the public interest.’’ Because the

District Court’s orders vacate the listing

of chlorosilanes, DMP, and Bronopol

thus rendering those listings without

effect, and because this action is being

taken merely to comply with the court’s

direction and to amend the regulations

so that they reflect the present legal

status of those chemicals, EPA hereby

finds that notice and comment on this

action are unnecessary.

This action is effective immediately

upon publication in the Federal

Register. Under 5 U.S.C. 553(d)(3), 30–

day advance notice of a rule is not

required where the Agency provides

otherwise for good cause. EPA finds that

good cause for an immediate effective

date exists in this case, because as

explained above this rule merely

amends the EPCRA section 313 list of
Federal Register / Vol. 63, No. 77 /Wednesday, April 22, 1998 /Rules and Regulations 19839

reportable toxic chemicals to reflect the

present legal status of the chemicals

addressed in this final rule.

Since this action does not contain any

requirements, it 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),

or Executive Order 13045, entitled

Protection of Children from

Environmental Health Risks and Safety

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

the same reason, it does not require any

review under Title II of the Unfunded

Mandates Reform Act of 1995 (UMRA)

(Pub. L. 104-4), Executive Order 12875,

entitled Enhancing the

Intergovernmental Partnership (58 FR

58093, October 28, 1993), or Executive

Order 12898, entitled Federal Actions to

Address Environmental Justice in

Minority Populations and Low-Income

Populations (59 FR 7629, February 16,

1994). In addition, since this action does

not require a proposal, no action is

needed under the Regulatory Flexibility

Act (RFA) (5 U.S.C. 601 et seq.).

The deletion of these chemicals from

the EPCRA section 313 list will reduce

the overall reporting and recordkeeping

burden estimate provided for EPCRA

section 313, but this action does not

require any review or approval by OMB

under the Paperwork Reduction Act

(PRA), 44 U.S.C. 3501 et seq. until EPA

decides to subtract the total burden

eliminated by today’s action from the

EPCRA section 313 overall burden

approved by OMB. At some point in the

future, EPA will determine the total

EPCRA section 313 burden associated

with the chemcials being deleted today,

and will complete the required

Information Collection Worksheet to

adjust the total EPCRA section 313

estimate. The reporting and

recordkeeping burdens associated with

EPCRA section 313 are approved by

OMB under OMB No. 2070–0093

(EPCRA section 313 base program and

Form R, EPA ICR No. 1363) and under

OMB No. 2070–0145 (Form A, EPA ICR

No. 1704). The current public reporting

burden for EPCRA section 313 is

estimated to average 61.3 hours for a

Form R submitter and 34.5 hours for a

Form A submitter. These estimates

includes the time needed for reviewing

instructions, searching existing data

sources, gathering and maintaining the

data needed, and completing and

reviewing the collection of information.

Send comments regarding this burden

estimate, including suggestions for

reducing this burden, to Chief,

Information Policy Branch, Mail Code

2137, U.S. Environmental Protection

Agency, 401 M St., SW., Washington,

DC 20460. Please do not send your

completed forms to this address.

Pursuant to the Congressional Review

Act, 5 U.S.C. 801 et seq., as added by

the Small Business Regulatory

Enforcement Fairness Act of 1996, 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. However, section 808 of that

Act provides that any rule for which the

issuing agency for good cause finds (and

incorporates the finding and a brief

statement of reasons therefor in the rule)

that notice and public procedure

thereon are impracticable, unnecessary,

or contrary to the public interest, shall

take effect at such time as the agency

promulgating the rule determines (5

U.S.C. 808(2)). As stated previously,

EPA has made such a good cause

finding, including the reasons therefor,

and established an effective date of

April 22, 1998. This rule is not a ‘‘major

rule’’ as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 372

Environmental protection,

Community right-to-know, Reporting

and recordkeeping requirements, and

Toxic chemicals.

Dated: April 13, 1998.

Lynn R. Goldman,

Assistant Administrator for Prevention,

Pesticides and Toxic Substances.

Therefore, 40 CFR part 372 is

amended to read as follows:

1. The authority citation for part 372

continues to read as follows:

Authority: 42 U.S.C. 11013 and

11028.

§ 372.65 [Amended]

2. Section 372.65 is amended by

deleting the entries for 2-bromo-2-

nitropropane-1,3-diol,

dimethyldichlorosilane, 2,6-

dimethylphenol, methyltrichlorosilane,

and trimethylchlorosilane under

paragraph (a), and deleting the entire

CAS No. entries for 52–51–7, 75–77–4,

75–78–5, 75–79–6, and 576–26–1 under

paragraph (b).

[FR Doc. 98–10712 Filed 4–21–98; 8:45 am]

BILLING CODE 6560–50–F

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety

Administration

49 CFR Parts 571 and 589

[Docket No. NHTSA–98–3421]

RIN 2127–AB85

Federal Motor Vehicle Safety

Standards; Head Impact Protection

AGENCY: National Highway Traffic

Safety Administration (NHTSA),

Department of Transportation.

ACTION: Denial of petitions for

reconsideration.

SUMMARY: This document denies

petitions for reconsideration submitted

by the American Automobile

Manufacturers Association (AAMA) and

ASC, Incorporated (ASC). On April 8,

1997, NHTSA published a final rule

amending provisions in Standard No.

201, Head Impact Protection, relating to

upper interior head impact protection.

The amendments revised and clarified

test procedures, added an optional

compliance phase-in plan, allowed

carry-forward credits to facilitate

compliance, and excluded small buses

from the Standard’s upper interior

impact protection requirements. ASC’s

petition stated the company’s concerns

about the impact of the final rule on the

integrated convertible roof and frame

designs and requested a further

amendment to the definition of

‘‘convertible roof frame system.’’

AAMA’s petition requested that NHTSA

reconsider and modify the final rule in

reference to approach angles, moveable

side glazing, multiple impacts, the

procedure for locating CG-F (a reference

point corresponding to the location of a

front seat occupant’s head), and the

definition of ‘‘forehead impact zone.’’

DATES: Petition Date: Any petitions for

reconsideration of this denial must be

received by NHTSA no later than June

8, 1998.

ADDRESSES: Any petitions for

reconsideration should refer to the

docket and notice number of this notice

and be submitted to: Administrator,

National Highway Traffic Safety

Administration, 400 Seventh Street, SW,

Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: For

legal issues: Mr. Otto Matheke, Office of

the Chief Counsel, NHTSA, 400 Seventh

Street, SW, Washington, DC 20590. Mr.

Matheke’s telephone number is (202)

366–5253. His facsimile number is (202)

366–3820. For non-legal issues: Dr.

William Fan, Office of Crashworthiness

Standards, NPS–11, Dr. Fan’s telephone