26690 Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Rules and Regulations

Dated: May 10, 1995.

T. H. Gilmour,

Captain, U.S. Coast Guard, Captain of the

Port, New York.

[FR Doc. 95–12283 Filed 5–17–95; 8:45 am]

BILLING CODE 4910–14–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 721

[OPPTS–50611A; FRL–4953–7]

RIN 2070–AB27

1H,3H,5H-oxazolo [3,4-c] oxazole,

Dihydro-7a-methyl-; Significant New

Use Rule

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: EPA is promulgating a

significant new use rule (SNUR) under

section 5(a)(2) of the Toxic Substances

Control Act (TSCA) for the chemical

substance described as 1H,3H,5Hoxazolo [3,4-c] oxazole, dihydro-7amethyl-, which is the subject of

premanufacture notice (PMN) P–91–

1324. This rule will require certain

persons who intend to manufacture,

import, or process this substance for a

significant new use to notify EPA at

least 90 days before commencing any

manufacturing or processing activities

for a use designated by this SNUR as a

significant new use. The required notice

would provide EPA with the

opportunity to evaluate the intended

use and, if necessary, to prohibit or limit

that activity before it can occur.

DATES: The effective date of this rule is

July 17, 1995. This rule shall be

promulgated for purposes of judicial

review at 1 p.m. (e.s.t.) on June 1, 1995.

FOR FURTHER INFORMATION CONTACT:

Susan B. Hazen, Director,

Environmental Assistance Division

(7408), Office of Pollution Prevention

and Toxics, Environmental Protection

Agency, Rm. EB–543B, 401 M Street,

SW., Washington, DC 20460, telephone:

(202) 554–1404, TDD: (202) 554–0551.

SUPPLEMENTARY INFORMATION:

I. Authority

Section 5(a)(2) of TSCA (15 U.S.C.

2604(a)(2)) authorizes EPA to determine

that a use of a chemical substance is a

‘‘significant new use.’’ EPA must make

this determination by rule after

considering all relevant factors,

including those listed in section 5(a)(2).

Once EPA determines that a use of a

chemical substance is a significant new

use, section 5(a)(1)(B) of TSCA requires

persons to submit a notice to EPA at

least 90 days before they manufacture,

import, or process the chemical

substance for that use. The mechanism

for reporting under this requirement is

established under 40 CFR 721.25.

II. Applicability of General Provisions

General provisions for SNURs appear

under subpart A of 40 CFR part 721.

These provisions describe persons

subject to the rule, recordkeeping

requirements, exemptions to reporting

requirements, and applicability of the

rule to uses occurring before the

effective date of the final rule. Rules on

user fees appear at 40 CFR part 700.

Persons subject to this SNUR would

comply with the same notice

requirements and EPA regulatory

procedures as submitter of PMNs under

section 5(a)(1)(A) of TSCA. In particular,

these requirements include the

information submission requirements of

section 5(b) and 5(d)(1), the exemptions

authorized by section 5 (h)(1), (2), (3),

and (5), and the regulations at 40 CFR

part 720. Once EPA receives a SNUR,

EPA may take regulatory action under

section 5(e), 5(f), 6, or 7 as appropriate

to control the activities for which it has

received the SNUR. If EPA does not take

action, EPA is required under section

5(g) to explain in the Federal Register

its reasons for not taking action.

Persons who intend to export a

substance identified in a proposed or

final SNUR are subject to the export

notification provisions of TSCA section

12(b). The regulations that interpret

section 12(b) appear at 40 CFR part 707.

Persons who intend to import a

chemical substance identified in a final

SNUR are subject to the TSCA section

13 import certification requirements,

which are codified at 19 CFR 12.118

through 12.127 and 127.28. Such

persons must certify that they are in

compliance with the SNUR

requirements. The EPA policy in

support of the import certification

appears at 40 CFR part 707.

III. Background

EPA published a proposed SNUR for

the chemical 1H,3H,5H-oxazolo [3,4-c]

oxazole, dihydro-7a-methyl- in the

Federal Register of November 2, 1994 at

59 FR 54874. The background and

reasons for the SNUR are set forth in the

preamble to the proposed SNUR. The

proposed SNUR designated exposure to

the PMN substance without ocular

protection (chemical goggles or

equivalent eye protection) and any

predictable or purposeful release of the

PMN substance to surface water above

500 parts per billion (ppb) as significant

new uses. The Agency received no

public comment concerning the

proposed SNUR. As a result, EPA is

promulgating this final SNUR.

IV. Determination of Proposed

Significant New Uses

To determine what would constitute

significant new uses of this chemical

substance, EPA considered relevant

information about the toxicity of the

substance, likely exposures/releases

associated with possible uses, and the

four factors listed in section 5(a)(2) of

TSCA.

Section 5(a)(2) of TSCA provides that

EPA’s determination that a chemical

substance is a significant new use must

be made after a consideration of all

relevant factors including:

A. The projected volume of

manufacturing and processing of a

chemical substance.

B. The extent to which a use changes

the type or form of exposure of human

beings or the environment to a chemical

substance.

C. The extent to which a use increases

the magnitude and duration of exposure

of human beings or the environment to

a chemical substance.

D. The reasonably anticipated manner

and methods of manufacturing,

processing, distribution in commerce,

and disposal of a chemical substance.

EPA construes the statute to allow

consideration of any other relevant

factors, in addition to those enumerated

in section 5(a)(2)(A) through (D),

because it is not an exclusive list.

V. Applicability of SNUR to Uses

Occurring Before Effective Date of the

Final SNUR

EPA has decided that the intent of

section 5(a)(1)(B) is best served by

designating a use as a significant new

use as of the date of proposal rather than

as of the effective date of the final rule.

If uses which commence between the

proposal date and the effective date of

the final rule were considered ongoing,

rather than new, any person could

defeat the SNUR by initiating a

significant new use before the effective

date. This would make it difficult for

EPA to establish SNUR notice

requirements. Thus, persons who begin

commercial manufacture, import, or

processing of the substance for uses

identified in this SNUR after the date of

the proposed rule will have to cease any

such activity before the effective date of

this rule. To resume their activities,

such persons would have to comply

with all applicable SNUR notice

requirements and wait until the notice

review period, including all extensions,

expires. EPA, not wishing to

unnecessarily disrupt the activities of
Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Rules and Regulations 26691

persons who begin commercial

manufacture, import, or processing of a

significant new use before the effective

date of the SNUR, has promulgated

provisions to allow such persons to

comply with this proposed SNUR before

it is promulgated. If a person were to

meet the conditions of advance

compliance as codified at § 721.45(h),

the person would be considered to have

met the requirements of the final SNUR

for those activities. If persons who begin

commercial manufacture, import, or

processing of the substance between

proposal and the effective date of the

final SNUR do not meet the conditions

of advance compliance, they must cease

that activity before the effective date of

the rule. To resume their activities,

these persons would have to comply

with all applicable SNUR notice

requirements and wait until the notice

review period, including all extensions,

expires.

VI. Economic Analysis

EPA has evaluated the potential costs

of establishing significant new use

notice requirements for potential

manufacturers, importers, and

processors of the chemical substance

subject to this rule. EPA’s complete

economic analysis is available in the

public record for this final rule (OPPTS–

50611).

VII. Rulemaking Record

EPA has established a record for this

rulemaking (docket control number

OPPTS–50611) which includes

information considered by the Agency

in developing this rule. The record

includes the following information:

1. The economic analysis of this rule.

2. The environmental test data review

support document.

3. Issue Summary Report.

4. The Federal Register notice

pertaining to this rule.

A public version of the record,

without any Confidential Business

Information, is available in the TSCA

Nonconfidential Information Center

(NCIC) from 12 noon to 4 p.m., Monday

through Friday, except legal holidays.

The TSCA NCIC is located in Rm. NE–

B607, 401 M St., SW., Washington, DC.

VIII. Regulatory Assessment

Requirements

A. Executive Order 12866

Under Executive Order 12866 (58 FR

51735, October 4, 1993), the Agency

must determine whether the regulatory

action is ‘‘significant’’ and therefore

subject to all the requirements of the

Executive Order (i.e., Regulatory Impact

Analysis, review by the Office of

Management and Budget (OMB)). Under

section 3(f), the Executive Order defines

a ‘‘significant regulatory action’’ as an

action likely to lead to a rule:

(1) Having an annual effect on the

economy of $100 million or more, or

adversely and materially affecting a

sector of the economy, productivity,

competition, jobs, the environment,

public health of safety, or State, local or

tribal governments or communities (also

referred to as ‘‘economically

significant’’).

(2) Creating serious inconsistency or

otherwise interfering with an action

taken or planned by another agency.

(3) Materially altering the budgetary

impacts of entitlement, grants, user fees,

or loan programs or the rights and

obligations of recipients thereof.

(4) Raising novel legal or policy issues

arising out of legal mandates, the

President’s priorities, or the principles

set forth in this Executive Order.

Pursuant to the terms of Executive

Order 12866, it has been determined

that this rule is not ‘‘significant’’ and is

therefore not subject to OMB review.

B. Regulatory Flexibility Act

Under the Regulatory Flexibility Act

(5 U.S.C. 605(b)), EPA has determined

that this rule would not have a

significant impact on a substantial

number of small businesses. EPA has

determined that approximately 10

percent of the parties affected by this

rule could be small businesses.

However, EPA expects to receive few

significant new use notices for these

substances. Therefore, EPA believes that

the number of small businesses affected

by this rule will not be substantial, even

if all of the SNUR notice submitters

were small firms.

C. Paperwork Reduction Act

The information collection

requirements contained in this rule have

been approved by OMB under the

provisions of the Paperwork Reduction

Act (44 U.S.C. 3501 et seq.), and have

been assigned OMB control number

2070–0012.

Public reporting burden for this

collection of information is estimated to

vary from 30 to 170 hours per response,

with an average of 100 hours per

response, including time for reviewing

instructions, searching existing data

sources, gathering and maintaining the

data needed, and completing and

reviewing the collection of information.

List of Subjects in 40 CFR Part 721

Environmental protection, Chemicals,

Hazardous materials, Reporting and

recordkeeping requirements, Significant

new uses.

Dated: May 5, 1995.

Charles M. Auer,

Director, Chemical Control Division, Office

of Pollution Prevention and Toxics.

Accordingly, 40 CFR part 721 is

amended as set forth below:

PART 721—[AMENDED]

1. The authority citation for part 721

continues to read as follows:

Authority: 15 U.S.C. 2604, 2607, and

2625(c).

2. By adding new § 721.5540 to

subpart E to read as follows:

§ 721.5540 1H,3H,5H-oxazolo [3,4-c]

oxazole, dihydro-7a-methyl-.

(a) Chemical substances and

significant new uses subject to reporting.

(1) The chemical substance identified as

1H,3H,5H-oxazolo [3,4-c] oxazole,

dihydro-7a-methyl- (PMN P–91–1324) is

subject to reporting under this section

for the significant new uses described in

paragraph (a)(2) of this section.

(2) The significant new uses are:

(i) Protection in the workplace.

Requirements as specified in § 721.63

(a)(2)(iii) and (a)(3).

(ii) Release to water. Requirements as

specified in § 721.90 (a)(4), (b)(4), and

(c)(4) (where N = 500 ppb).

(b) Specific requirements. The

provisions of subpart A of this part

apply to this section except as modified

by this paragraph.

(1) Recordkeeping requirements. The

following recordkeeping requirements

specified in § 721.125 (a), (b), (c), (d),

(e), and (k) are applicable to

manufacturers, importers, and

processors of this substance.

(2) Limitations or revocation of

certain notification requirements. The

provisions of § 721.185 apply to this

section.

[FR Doc. 95–12142 Filed 5–17–95; 8:45 am]

BILLING CODE 6560–50–F

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Parts 217 and 227

[Docket No. 950427119–5314–02; I.D.

051195A]

RIN 0648–AH98

Sea Turtle Conservation: Restrictions

Applicable to Shrimp Trawling

Activities; Modification of Additional

Turtle Excluder Device Requirements

Within Certain Statistical Zones

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and