Federal Register / Vol. 63, No. 99 / Friday, May 22, 1998 /Rules and Regulations 28251

Trustee shall assume the responsibilities of

the Trustee over the said trust corpus and

shall distribute from the trust corpus to any

and all Beneficiaries to whom the Operator,

in its capacity as a Public Charter operator,

may be held legally liable by reason of the

Operator’s failure faithfully to perform,

fulfill, and carry out all contracts,

agreements, and arrangements made by the

Operator, while this trust is in effect with

respect to the receipt of moneys and proper

disbursement thereof pursuant to Part 380 of

the Department’s Special Regulations in

connection with said charters, such damages

as will discharge such liability while this

trust is in effect; Provided, however, That the

liability of the trust to any Beneficiary shall

not exceed the charter price (as defined in

Part 380 of the Department’s Special

Regulations) paid by or on behalf on any

such Beneficiary; Provided, further, That

there shall be on obligation of the trust to any

Beneficiary if the Operator shall pay or cause

to be paid to any Beneficiary any sum or

sums for which the Operator may be held

legally liable by reasons of its failure

faithfully to perform, fulfill, and carry out all

contracts, agreements, and arrangements

made by the Operator in its capacity as

charter operator while this trust is in effect

with respect to the receipt of moneys and

proper disbursement thereof pursuant to Part

380 of the Department’s Special Regulations;

And provided still further, That the liability

of the trust as administered by the Trustee

shall not be discharged by any payment or

succession of payments hereunder, unless

and until such payment or payments, shall

amount in the aggregate to

$llllllll. Notwithstanding

anything herein to the contrary, in no event

shall the obligation of the trust or the Trustee

hereunder exceed the aggregate amount of

$llllllll.

The Trustee agrees to furnish written

notice to the Office of Aviation Analysis,

Department of Transportation, forthwith of

all suits of claims filed and judgments

rendered (of which it has knowledge), and of

payments made by the Trustee under the

terms of this trust.

The Trust shall not be liable hereunder for

the payment of any damages hereinbefore

described which arise as a result of any

contracts, agreements, undertakings, or

arrangements for the supplying of

transportation and other services made by the

Operator after the termination of this trust as

herein provided, but such termination shall

not affect the liability of the trust hereunder

for the payment of any damages arising as a

result of contracts, agreements, or

arrangements for the supplying of

transportation and other services made by the

Operator prior to the date that such

termination becomes effective.

Liability of the trust shall in all events be

limited only to a Beneficiary or Beneficiaries

who shall within sixty days after the

termination of the particular charter give

written notice of claim to the Operator or, if

it is unavailable, to the Trustee, and all

liability of the trust with respect to

participants in a charter shall automatically

terminate sixty days after the termination

date of each particular charter covered by

this trust except for claims filed in the time

provided herein. Sixty-one days after the

completion of the last charter covered by this

Trust Agreement, the trust shall

automatically terminate except for claims of

any Beneficiary or Beneficiaries previously

made in accordance with this Agreement still

pending on and after said sixty-first day. To

the extent of such claims, the trust shall

continue until those claims are discharged,

dismissed, dropped, or otherwise terminated;

the remainder of the trust corpus shall be

conveyed forthwith to the Operator. After all

remaining claims which are covered by this

Trust Agreement pending on and after the

said sixty-first day have been discharged,

dismissed, dropped, or otherwise terminated,

the Trustee shall convey forthwith the

remainder of the trust corpus, if any, to the

Operator.

Either the Operator or Trustee may at any

time terminate this trust by written notice to:

‘‘Special Authorities Division (P–57), Office

of Aviation Analysis, U.S. Department of

Transportation, Washington, DC 20590,’’

such termination to become effective thirty

days after the actual receipt of said notice by

the Department.

In the event of any controversy or claim

arising hereunder, the Trustee shall not be

required to determine same or take any other

action with respect thereto, but may await

the settlement of such controversy or claim

by final appropriate legal proceedings, and in

such event shall not be liable for interest or

damages of any kind.

Any Successor to the Trustee by merger,

consolidation, or otherwise, shall succeed to

this trusteeship and shall have the powers

and obligations set forth in this Agreement.

The trust created under this Agreement

shall be operated and administered under the

laws of the State of llllllll.

IN WITNESS WHEREOF, the Operator and

Trustee have executed this instrument on the

lll day of llllllll, llll.

Trustee

Name llllllllllllllllll

By: Signature and title

Charter Operator

Name llllllllllllllllll

By: Signature and title

Issued in Washington, DC, on May 8, 1998.

Charles A. Hunnicutt,

Assistant Secretary For Aviation and

International Affairs.

[FR Doc. 98–12980 Filed 5–21–98; 8:45 am]

BILLING CODE 4910–62–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 82

[FRL–6015–3]

Protection of Stratospheric Ozone

AGENCY: Environmental Protection

Agency.

ACTION: Notice of acceptability.

SUMMARY: This document expands the

list of acceptable substitutes for ozonedepleting substances (ODS) under the

U.S. Environmental Protection Agency’s

(EPA) Significant New Alternatives

Policy (SNAP) program.

EFFECTIVE DATE: May 22, 1998.

ADDRESSES: Information relevant to this

document is contained in Air Docket A–

91–42, U.S. Environmental Agency,

Office of Air and Radiation Docket and

Information Center, Room M–1500, 401

M Street, SW, Washington, DC 20460.

Telephone: (202) 260–7548. The docket

may be inspected between 8:00 a.m. and

5:30 p.m. weekdays. As provided in 40

CFR Part 2, a reasonable fee may be

charged for photocopying.

FOR FURTHER INFORMATION CONTACT:

William Monroe at (202) 564–9161 or

fax (202) 565–2093, U.S. EPA,

Stratospheric Protection Division, 401

M Street, S.W., Mail Code 6205J,

Washington, D.C. 20460; EPA

Stratospheric Ozone Protection Hotline

at (800) 296–1996; EPA World Wide

Web Site (http://www.epa.gov/ozone/

title6/snap).

SUPPLEMENTARY INFORMATION:

I. Section 612 Program

A. Statutory Requirements

B. Regulatory History

II. Listing of Acceptable Substitutes

A. Aerosols

III. Additional Information

Appendix A—Summary of Acceptable

Decisions

I. Section 612 Program

A. Statutory Requirements

Section 612 of the Clean Air Act

authorizes EPA to develop a program for

evaluating alternatives to ozonedepleting substances. EPA refers to this

program as the Significant New

Alternatives Policy (SNAP) program.

The major provisions of section 612 are:

• Rulemaking—Section 612(c)

requires EPA to promulgate rules

making it unlawful to replace any class

I (chlorofluorocarbon, halon, carbon

tetrachloride, methyl chloroform,

methyl bromide, and

hydrobromofluorocarbon) or class II

(hydrochlorofluorocarbon) substance

with any substitute that the

Administrator determines may present

adverse effects to human health or the

environment where the Administrator

has identified an alternative that (1)

reduces the overall risk to human health

and the environment, and (2) is

currently or potentially available.

• Listing of Unacceptable/Acceptable

Substitutes—Section 612(c) also

requires EPA to publish a list of the

substitutes unacceptable for specific

uses. EPA must publish a corresponding
28252 Federal Register / Vol. 63, No. 99 / Friday, May 22, 1998 /Rules and Regulations

list of acceptable alternatives for

specific uses.

• Petition Process—Section 612(d)

grants the right to any person to petition

EPA to add a substance to or delete a

substance from the lists published in

accordance with section 612(c). The

Agency has 90 days to grant or deny a

petition. Where the Agency grants the

petition, EPA must publish the revised

lists within an additional 6 months.

• 90-day Notification—Section 612(e)

requires EPA to require any person who

produces a chemical substitute for a

class I substance to notify the Agency

not less than 90 days before new or

existing chemicals are introduced into

interstate commerce for significant new

uses as substitutes for a class I

substance. The producer must also

provide the Agency with the producer’s

unpublished health and safety studies

on such substitutes.

• Outreach—Section 612(b)(1) states

that the Administrator shall seek to

maximize the use of federal research

facilities and resources to assist users of

class I and II substances in identifying

and developing alternatives to the use of

such substances in key commercial

applications.

• Clearinghouse—Section 612(b)(4)

requires the Agency to set up a public

clearinghouse of alternative chemicals,

product substitutes, and alternative

manufacturing processes that are

available for products and

manufacturing processes which use

class I and II substances.

B. Regulatory History

On March 18, 1994, EPA published

the Final Rulemaking (FRM) (59 FR

13044) which described the process for

administering the SNAP program and

issued EPA’s first acceptability lists for

substitutes in the major industrial use

sectors. These sectors include:

refrigeration and air conditioning; foam

blowing; solvent cleaning; fire

suppression and explosion protection;

sterilants; aerosols; adhesives, coatings

and inks; and tobacco expansion. These

sectors compose the principal industrial

sectors that historically consumed the

largest volumes of ozone-depleting

compounds.

As described in the final rule for the

SNAP program (59 FR 13044), EPA does

not believe that rulemaking procedures

are required to list alternatives as

acceptable with no limitations. Such

listings do not impose any sanction, nor

do they remove any prior license to use

a substance. Consequently, by this

notice EPA is adding substances to the

list of acceptable alternatives without

first requesting comment on new

listings.

EPA does, however, believe that

Notice-and-Comment rulemaking is

required to place any substance on the

list of prohibited substitutes, to list a

substance as acceptable only under

certain conditions, to list substances as

acceptable only for certain uses, or to

remove a substance from either the list

of prohibited or acceptable substitutes.

Updates to these lists are published as

separate notices of rulemaking in the

Federal Register.

The Agency defines a substitute as

any chemical, product substitute, or

alternative manufacturing process,

whether existing or new, that could

replace a class I or class II substance.

Anyone who produces a substitute must

provide the Agency with health and

safety studies on the substitute at least

90 days before introducing it into

interstate commerce for significant new

use as an alternative. This requirement

applies to substitute manufacturers, but

may include importers, formulators or

end-users, when they are responsible for

introducing a substitute into commerce.

EPA published documents listing

acceptable alternatives on August 26,

1994 (59 FR 44240), January 13, 1995

(60 FR 3318), July 28, 1995 (60 FR

38729), February 8, 1996 (61 FR 4736),

September 5, 1996 (61 FR 47012), March

10, 1997 (62 FR 10700), June 3, 1997 (62

FR 30275), and February 24, 1998 (63

FR 9151), and published Final

Rulemakings restricting the use of

certain substitutes on June 13, 1995 (60

FR 31092), May 22, 1996 (61 FR 25585),

and October 16, 1996 (61 FR 54029).

II. Listing of Acceptable Substitutes

This section presents EPA’s most

recent acceptable listing decision for

substitutes for class I and class II

substances in the aerosol sector. For

copies of the full list of SNAP decisions

in all industrial sectors, contact the EPA

Stratospheric Protection Hotline at (800)

296–1996.

Part A below presents a detailed

discussion of the substitute listing

determination; by major use sector; the

table summarizing today’s listing

decision is in Appendix A. The

comments contained in Appendix A

provide additional information on a

substitute, but for listings of acceptable

substitutes, they are not legally binding

under section 612 of the Clean Air Act.

Thus, adherence to recommendations in

the comments is not mandatory for use

of a substitute. In addition, the

comments should not be considered

comprehensive with respect to other

legal obligations pertaining to the use of

the substitute. However, EPA

encourages users of acceptable

substitutes to apply all comments to

their use of these substitutes. In many

instances, the comments simply allude

to sound operating practices that have

already been identified in existing

industry and/or building-code

standards. Thus, many of the comments,

if adopted, would not require significant

changes in existing operating practices

for the affected industry.

A. Aerosols

1. Acceptable Substitute

Under section 612 of the Clean Air

Act, EPA is authorized to review

substitutes for class I (CFCs) and class

II (HCFCs) chemicals. The following

decision expands the acceptable listing

for propellants in the aerosol sector.

(a) Aerosol Propellants

(1) HFC–227ea

HFC–227ea is an acceptable

substitute for CFC–11, CFC–12, CFC–

114, HCFC–22, and HCFC–142b as a

propellant in the aerosol sector. HFC–

227ea has a zero ozone depletion

potential and an atmospheric lifetime of

36.5 years, yet this compound

contributes to global warming with a

100-year global warming potential

(GWP) of 2,900 relative to carbon

dioxide. Despite this concern, the

Agency has listed this substitute as

acceptable in today’s notice since it

meets a specialized medical application

in metered dose inhalers (MDIs), used

by asthmatics and others with chronic

obstructive pulmonary diseases, where

only one other substitute meets the

medical requirements.

III. Additional Information

Contact the Stratospheric Protection

Hotline at 1–800–296–1996, Monday–

Friday, between the hours of 10:00 a.m.

and 4:00 p.m. (Eastern Standard Time).

For more information on the Agency’s

process for administering the SNAP

program or criteria for evaluation of

substitutes, refer to the SNAP final

rulemaking published in the Federal

Register on March 18, 1994 (59 FR

13044). Notices and rulemakings under

the SNAP program, as well as all EPA

publications on protection of

stratospheric ozone, are available from

EPA’s Ozone World Wide Web site at

‘‘http://www.epa.gov/ozone/title6/

snap’’ and from the stratospheric

Protection Hotline whose number is

listed above.

Dated: May 8, 1998.

Richard D. Wilson,

Acting Assistant Administrator for Air and

Radiation.

Note: The following Appendix will not

appear in the Code of Federal Regulations.
Federal Register / Vol. 63, No. 99 / Friday, May 22, 1998 /Rules and Regulations 28253

APPENDIX A: SUMMARY OF ACCEPTABLE DECISIONS

[Aerosol Propellants]

ODS being replaced Substitute Decision Comments

CFC–11, CFC–12, CFC–

114, HCFC–22,

HCFC–142b as aerosol

propellant.

HFC–227ea ........ Acceptable ......... Despite the relatively high global warming potential of this compound, the

Agency has listed this substitute as acceptable since it meets a specialized application in MDIs where other substitutes do not provide acceptable

performance.

[FR Doc. 98–13125 Filed 5–21–98; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 180

[OPP–300658; FRL–5790–1]

RIN 2070–AB78

Hydroxyethylidine Diphosphonic Acid;

Exemption From the Requirement of a

Tolerance

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This regulation establishes an

exemption from the requirement of a

tolerance for residues of

hydroxyethylidine diphosphonic acid

(HEDP), when used as an inert

ingredient (stabilizer/ chelator) in

antimicrobial pesticide formulations

applied in or on raw agricultural

commodities. Ecolab, Inc. requested this

tolerance under the Federal Food, Drug

and Cosmetic Act (FFDCA), as amended

by the Food Quality Protection Act of

1996 (Pub. L. 104–170).

DATES: This regulation is effective May

22, 1998. Objections and requests for

hearings must be received by EPA on or

before July 21, 1998.

ADDRESSES: Written objections and

hearing requests, identified by the

docket control number, [OPP–300658],

must be submitted to: Hearing Clerk

(1900), Environmental Protection

Agency, Rm. M3708, 401 M St., SW.,

Washington, DC 20460. Fees

accompanying objections and hearing

requests shall be labeled ‘‘Tolerance

Petition Fees’’ and forwarded to: EPA

Headquarters Accounting Operations

Branch, OPP (Tolerance Fees), P.O. Box

360277M, Pittsburgh, PA 15251. A copy

of any objections and hearing requests

filed with the Hearing Clerk identified

by the docket control number, [OPP–

300658], must also be submitted to:

Public Information and Records

Integrity Branch, Information Resources

and Services Division (7502C), Office of

Pesticide Programs, Environmental

Protection Agency, 401 M St., SW.,

Washington, DC 20460. In person, bring

a copy of objections and hearing

requests to Rm. 119, CM #2, 1921

Jefferson Davis Hwy., Arlington, VA.

A copy of objections and hearing

requests filed with the Hearing Clerk

may also be submitted electronically by

sending electronic mail (e-mail) to: oppdocket@epamail.epa.gov. Copies of

objections and hearing requests must be

submitted as an ASCII file avoiding the

use of special characters and any form

of encryption. Copies of objections and

hearing requests will also be accepted

on disks in WordPerfect 5.1/6.1 file

format or ASCII file format. All copies

of objections and hearing requests in

electronic form must be identified by

the docket control number [OPP–

300658]. No Confidential Business

Information (CBI) should be submitted

through e-mail. Electronic copies of

objections and hearing requests on this

rule may be filed online at many Federal

Depository Libraries.

FOR FURTHER INFORMATION CONTACT: By

mail: Amelia M. Acierto, Registration

Division (7505W), Office of Pesticide

Programs, Environmental Protection

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

DC 20460. Office location, telephone

number, and e-mail address: Crystal

Mall #2, 1921 Jefferson Davis Hwy.,

Arlington, VA, (703) 308–8377, e-mail:

acierto.amelia@epamail.epa.gov.

SUPPLEMENTARY INFORMATION: In the

Federal Register of December 17, 1997

(62 FR 66091) (FRL–5760–5), EPA

issued a notice pursuant to section 408

of the Federal Food, Drug, and Cosmetic

Act (FFDCA), 21 U.S.C. 346a(e)

announcing the filing of a pesticide

petition (PP 7E4922) for a tolerance

exemption by Ecolab Inc., 370 N.

Wabasha Street, St. Paul, Minnesota

55102. This notice included a summary

of the petition prepared by Ecolab Inc.,

the petitioner. There were no comments

received in response to the notice of

filing.

The petition requested that 40 CFR

180.1001(c) be amended by establishing

an exemption from the requirement of a

tolerance for residues of the inert

ingredient hydroxyethylidine

diphosphonic acid (HEDP), when used

as an inert ingredient (stabilizer and

chelator) in antimicrobial pesticide

formulations used in or on raw

agricultural commodities.

I. Risk Assessment and Statutory

Findings

New section 408(b)(2)(A)(i) of the

FFDCA allows EPA to establish a

tolerance (the legal limit for a pesticide

chemical residue in or on a food) only

if EPA determines that the tolerance is

‘‘safe.’’ Section 408(b)(2)(A)(ii) defines

‘‘safe’’ to mean that ‘‘there is a

reasonable certainty that no harm will

result from aggregate exposure to the

pesticide chemical residue, including

all anticipated dietary exposures and all

other exposures for which there is

reliable information.’’ This includes

exposure through drinking water and in

residential settings, but does not include

occupational exposure. Section

408(b)(2)(C) requires EPA to give special

consideration to exposure of infants and

children to the pesticide chemical

residue in establishing a tolerance and

to ‘‘ensure that there is a reasonable

certainty that no harm will result to

infants and children from aggregate

exposure to the pesticide chemical

residue. . . .’’

EPA performs a number of analyses to

determine the risks from aggregate

exposure to pesticide residues. First,

EPA determines the toxicity of

pesticides based primarily on

toxicological studies using laboratory

animals. These studies address many

adverse health effects, including (but

not limited to) reproductive effects,

developmental toxicity, toxicity to the

nervous system, and carcinogenicity.

Second, EPA examines exposure to the

pesticide through the diet (e.g., food and

drinking water) and through exposures

that occur as a result of pesticide use in

residential settings.

A. Toxicity

1. Threshold and non-threshold

effects. For many animal studies, a dose

response relationship can be

determined, which provides a dose that

causes adverse effects (threshold effects)

and doses causing no observed effects

(the ‘‘no-observed effect level’’ or

‘‘NOEL’’).