Federal Register / Vol. 60, No. 103 / Tuesday, May 30, 1995 / Proposed Rules 28075

Public Hearing

Persons wishing to speak at the public

hearing should contact the person listed

under FOR FURTHER INFORMATION

CONTACT by 4 p.m., e.d.t. on June 14,

1995. The location and time of the

hearing will be arranged with those

persons requesting the hearing. If no one

requests an opportunity to testify at the

public hearing, the hearing will not be

held.

Filing of a written statement at the

time of the hearing is requested as it

will greatly assist the transcriber.

Submission of written statements in

advance of the hearing will allow OSM

officials to prepare adequate responses

and appropriate questions.

The public hearing will continue on

the specified date until all persons

scheduled to speak have been heard.

Persons in the audience who have not

been scheduled to speak, and who wish

to do so, will be heard following those

who have been scheduled. The hearing

will end after all persons scheduled to

speak and persons present in the

audience who wish to speak have been

heard.

Any disabled individual who has

need for a special accommodation to

attend a public hearing should contact

the individual listed under FOR FURTHER

INFORMATION CONTACT.

Public Meeting

If only one person requests an

opportunity to speak at a hearing, a

public meeting, rather than a public

hearing, may be held. persons wishing

to meet with OSM representatives to

discuss the proposed amendment may

request a meeting by contacting the

person listed under FOR FURTHER

INFORMATION CONTACT. All such meetings

will be open to the public and, if

possible, notices of meetings will be

posted at the locations listed under

ADDRESSES. A written summary of each

meeting will be made a part of the

Administrative Record.

IV. Procedural Determinations

Executive Order 12866

This rule is exempted from review by

the Office of Management and Budget

(OMB) under Executive Order 12866

(Regulatory Planning and Review).

Executive Order 12778

The Department of the Interior has

conducted the reviews required by

section 2 of Executive Order 12778

(Civil Justice Reform) and has

determined that, to the extent allowed

by law, this rule meets the applicable

standards of subsections (a) and (b) of

that section. However, these standards

are not applicable to the actual language

of State regulatory programs and

program amendments since each such

program is drafted and promulgated by

a specific State, not by OSM. Under

sections 503 and 505 of SMCRA (30

U.S.C. 1253 and 1255) and 30 CFR

730.11, 732.15, and 732.17(h)(10),

decisions on proposed State regulatory

programs and program amendments

submitted by the States must be based

solely on a determination of whether the

submittal is consistent with SMCRA and

its implementing Federal regulations

and whether the other requirements of

30 CFR Parts 730, 731, and 732 has been

met.

National Environmental Policy Act

No environmental impact statement is

required for this rule since section

702(d) of SMCRA (30 U.S.C. 1292(d))

provides that agency decisions on

proposed States regulatory program

provisions do not constitute major

Federal actions within the meaning of

section 102(2)(C) of the National

Environmental Policy Act (42 U.S.C.

4332(2)(C)).

Paperwork Reduction Act

This rule does not contain

information collection requirements that

require approval by OMB under the

Paperwork Reduction Act (44 U.S.C.

3507 et seq.).

Regulatory Flexibility Act

The Department of the Interior has

determined that this rule will not have

a significant economic impact on a

substantial number of small entities

under the Regulatory Flexibility Act (5

U.S.C. 601 et seq.). The State submittal

which is the subject of this rule is based

upon corresponding Federal regulations

for which an economic analysis was

prepared and certification made that

such regulations would not have a

significant economic effect upon a

substantial number of small entities.

Accordingly, this rule will ensure that

existing requirements previously

promulgated by OSM will be

implemented by the State. In making the

determination as to whether this rule

would have a significant economic

impact, the Department relied upon the

data and assumptions for the

corresponding Federal regulations.

List of Subjects in 30 CFR Part 914

Intergovernmental relations, Surface

mining, Underground mining.

Dated: May 23, 1995.

Brent Wahlquist,

Regional Director, Mid-Continent Regional

Coordinating Center.

[FR Doc. 95–13158 Filed 5–26–95; 8:45 am]

BILLING CODE 4310–05–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 721

[OPPTS–50582L; FRL–4919–6]

RIN 2070–AB27

1,3-Propanediamine, N,N′′-1,2-

Ethanediylbis-, Polymer with 2,4,6-

Trichloro-1,3,5-triazine, Reaction

Products with N-butyl-2,2,6,6-

tetramethyl-4-piperidinamine;

Proposed Modification of Significant

New Use Rules

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: EPA is proposing to modify

the significant new use rules (SNUR)

promulgated under section 5(a)(2) of the

Toxic Substances Control Act (TSCA)

for 1,3-propanediamine, N,N′′-1,2-

ethanediylbis-, polymer with 2,4,6-

trichloro-1,3,5-triazine, reaction

products with N-butyl-2,2,6,6-

tetramethyl-4-piperidinamine, based on

a modification to the TSCA 5(e) consent

order regulating the substance.

DATES: Written comments must be

received by EPA on or before June 29,

1995.

ADDRESSES: All comments must be sent

in triplicate to: TSCA Document Receipt

Office (7407), Office of Pollution

Prevention and Toxics, Environmental

Protection Agency, Rm. E–G99, 401 M

St., SW., Washington, DC 20460.

Comments that are confidential must be

clearly marked confidential business

information (CBI). If CBI is claimed,

three additional sanitized copies must

also be submitted. Nonconfidential

versions of comments on this proposed

rule will be placed in the rulemaking

record and will be available for public

inspection. Comments should include

the docket control number. The docket

control number for the chemical

substance in this SNUR is Unit IV. of

this preamble contains additional

information on submitting comments

containing CBI.

Comments and data may also be

submitted electronically by sending

electronic mail (e-mail) to:

ncic@epamail.epa.gov. Electronic

comments must be submitted as an

ASCII file avoiding the use of special
28076 Federal Register / Vol. 60, No. 103 / Tuesday, May 30, 1995 / Proposed Rules

characters and any form of encryption.

Comments and data will also be

accepted on disks in WordPerfect in 5.1

file format or ASCII file format. All

comments and data in electronic form

must be identified by the docket number

OPPTS–50582L. No CBI should be

submitted through e-mail. Electronic

comments on this proposed rule may be

filed online at many Federal Depository

Libraries. Additional information on

electronic submissions can be found in

Unit III. of this document.

FOR FURTHER INFORMATION CONTACT:

Susan B. Hazen, Director, TSCA

Assistance Office (7408), Office of

Pollution Prevention and Toxics,

Environmental Protection Agency, Rm.

E–543B, 401 M St., SW., Washington,

DC 20460, Telephone: (202) 554–1404,

TDD: (202) 554–0551.

SUPPLEMENTARY INFORMATION: In the

Federal Register of August 20, 1990 (55

FR 33296), EPA issued a SNUR

establishing significant new uses for 1,3-

propanediamine, N,N′′-1,2-

ethanediylbis-, polymer with 2,4,6-

trichloro-1,3,5-triazine, reaction

products with N-butyl-2,2,6,6-

tetramethyl-4-piperidinamine based on

the section 5(e) consent order for the

substance. Because of additional data

EPA has received for this substance,

EPA is proposing to modify the SNUR.

I. Background

EPA is proposing to modify the

significant new use requirements for the

following chemical substance under 40

CFR part 721, subpart E. In this unit,

EPA provides a brief description for the

substance, including its PMN number,

chemical name (generic name if the

specific name is claimed as CBI), CAS

number (if assigned), basis for the

modification of the section 5(e) consent

order for the substance, and the CFR

citation in the regulatory text section of

this proposed rule. Further background

information for the substance is

contained in the rulemaking record

referenced in Unit IV., of this preamble.

PMN Number P–89–632

Chemical name: 1,3-Propanediamine,

N,N′′-1,2-ethanediylbis-, polymer with

2,4,6-trichloro-1,3,5-triazine, reaction

products with N-butyl-2,2,6,6-

tetramethyl-4-piperidinamine

CAS number: Not available.

Effective date of modification of section

5(e) consent order: September 23, 1994.

Basis for modification of section 5(e)

consent order: Based on the results of a

90–day oral toxicity study on the PMN

substance, the Company petitioned EPA

to reconsider the consent order’s worker

protection and hazard communication

requirements. The Company petitioned

the Agency to modify the consent order

and SNUR to (1) Broaden the choice of

workplace protective equipment to

include two 21C air-purifying

respirators with high efficiency

particulate filters and (2) remove

‘‘reproductive effects’’ from the list of

human health hazards to be included on

the Material Safety Data Sheet or label

accompanying shipments of the PMN

substance. EPA, through written

correspondence, negotiations, and

meetings with the Company,

recalculated the risk assessment of the

PMN based on the test data provided by

the Company. Based on this risk

assessment, the Agency determined that

the broader choice of respirators would

provide adequate protection against an

unreasonable risk of systemic effects to

workers who may be exposed to the

PMN substance via inhalation. The

Agency also believes that there was no

evidence of reproductive toxicity in the

results of the submitted data. This

SNUR had incorrectly listed ‘‘birth

defects’’ rather than ‘‘reproductive

effects’’ in the Hazard Communication

Program at 40 CFR 721.72. Accordingly,

the ‘‘birth defects’’ SNUR requirement

(§ 721.72(a)(v)) is being removed,

effective this modification, and

‘‘reproductive effects’’ is being removed

from the consent order. Finally, in

response to the Company’s submission

of aquatic toxicity testing protocols to

the Agency for review, the Company

was informed that such testing would

no longer be required and related

prohibitions on release of the PMN

substance to water would also be

removed from the consent order. This

action is being taken based on test data

on polycationic polymers structurally

similar to the PMN substance which

have been submitted to the Agency in

the intervening period between the

December 1989 signature of the consent

order and the Company’s submission of

the aquatic toxicity testing protocols.

These test data indicate that the PMN

substance, because of its physical/

chemical properties (i.e., charge density

of 4.8 percent amine nitrogen, low water

solubility (<10 mg/L), and does not

appear to be self-dispersing in water),

will bind quickly to naturally-occurring

dissolved organic carbon in surface

waters and settle in sediment, where it

is not expected to be bioavailable. As a

result, the toxicity to aquatic and

sediment-dwelling organisms is

expected to be mitigated significantly,

such that the Agency no longer finds

that the PMN substance will pose an

unreasonable risk of injury to the

environment. Accordingly, the testing

requirement for toxicity to aquatic

organisms and the associated hazard

communication language, prohibition

on release to water, and recordkeeping

provisions related to these restrictions

are also removed by this modification to

the consent order. The Agency has

determined, therefore, that modifying

the consent order and SNUR would not

pose an unreasonable risk to human

health or the environment.

CFR citation: 40 CFR 721.7280.

II. Objectives and Rationale of

Proposing Modification of the Rule

During review of the PMN submitted

for the chemical substance that is the

subject of this proposed modification,

EPA concluded that regulation was

warranted under section 5(e) of TSCA

pending the development of information

sufficient to make a reasoned evaluation

of the health and environmental effects

of the substance. EPA identified the

tests considered necessary to evaluate

the risks of the substance and identified

the protective equipment necessary to

protect any workers who may be

exposed to the substance. The basis for

such findings is in the rulemaking

record referenced in Unit III. of this

preamble. Based on these findings, a

section 5(e) consent order modification

was negotiated with the PMN submitter.

In light of the petition to modify the

consent order and SNUR, the 90–day

subchronic test, the data on structurally

similar polycationic polymers, and the

recalculation of the risk assessment of

the PMN substance based on

information provided by the petitioner,

the Agency determined that modifying

the consent order and SNUR would not

pose an unreasonable risk to human

health or the environment. The

proposed modification of SNUR

provisions for the substance designated

herein is consistent with the provisions

of the section 5(e) order.

III. Rulemaking Record

The record for the rule which EPA is

proposing to modify was established at

OPPTS–50582. This record includes

information considered by the Agency

in developing this rule (including

comments and data submitted

electronically as described below) and

includes the modification to consent

orders to which the Agency has

responded with this proposal.

A public version of this record,

including printed, paper versions of

electronic comments, which does not

include any information claimed as CBI,

is available for inspection from 12 noon

to 4 p.m., Monday through Friday,

excluding legal holidays. The public

record is located in the TSCA

Nonconfidential Information Center,
Federal Register / Vol. 60, No. 103 / Tuesday, May 30, 1995 / Proposed Rules 28077

Rm. NE–B607, 401 M St., SW.,

Washington, DC 20460.

Electronic comments can be sent

directly to EPA at:

ncic@epamail.epa.gov

Electronic comments must be

submitted as an ASCII file avoiding the

use of special characters and any form

of encryption.

The official record for this

rulemaking, as well as the public

version, as described above will be kept

in paper form. Accordingly, EPA will

transfer all comments received

electronically into printed, paper form

as they are received and will place the

paper copies in the official rulemaking

record which will also include all

comments submitted directly in writing.

The official rulemaking record is the

paper record maintained at the address

in ADDRESSES at the beginning of this

document.

IV. Comments Containing Confidential

Business Information

Any person who submits comments

claimed as CBI must mark the

comments as ‘‘confidential,’’ ‘‘trade

secret,’’ or other appropriate

designation. Comments not claimed as

confidential at the time of submission

will be placed in the public file. Any

comments marked as confidential will

be treated in accordance with the

procedures in 40 CFR part 2. Any party

submitting comments claimed to be

confidential must prepare and submit a

public version of the comments that

EPA can place in the public file.

V. Regulatory Assessment

Requirements

EPA is modifying the requirements of

the rule by eliminating several

requirements. Any costs or burdens

associated with the rule will be reduced

when the rule is modified. Therefore,

EPA finds that no additional

assessments of costs or burdens are

necessary 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, Reporting and

recordkeeping requirements, Significant

new uses.

Dated: May 16, 1995.

Charles M. Auer,

Director, Chemical Control Division, Office

of Pollution Prevention and Toxics.

Therefore, it is proposed that 40 CFR

part 721 be amended to read as follows:

PART 721—[AMENDED]

1. The authority citation for part 721

would continue to read as follows:

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

2625(c).

2. In § 721.7280 by revising

paragraphs (a)(2)(i) and (a)(2)(ii),

removing paragraphs (a)(2)(iii) and

(a)(2)(iv), and revising paragraph (b)(1)

to read as follows:

§ 721.7280 1,3-Propanediamine, N,N′′-1,2-

ethanediylbis-, polymer with 2,4,6-trichloro1,3,5-triazine, reaction products with Nbutyl-2,2,6,6-tetramethyl-4-piperidinamine

(a) * * *

(2) * * *

(i) Protection in the workplace.

Requirements as specified in

§ 721.63(a)(1), (a)(2)(iii), (a)(3), (a)(4),

(a)(5)(i), (a)(5)(ii), (a)(5)(iv), (a)(5)(v),

(a)(6)(i), (a)(6)(ii), (b)(concentration set

at 0.1 percent) and (c).

(ii) Hazard communication program.

Requirements as specified in § 721.72(a)

through (f), (g)(1)(iv), (g)(1)(viii),

(g)(2)(i), (g)(2)(ii), (g)(2)(iii), (g)(2)(iv),

(g)(2)(v), and (g)(5).

(b) Specific requirements. The

provisions of subpart A of this part

apply to this section except as modified

by this paragraph.

(1) Recordkeeping. Recordkeeping

requirements as specified in

§ 721.125(a) through (i) are applicable to

manufacturers, importers, and

processors of this substance.

* * * * *

[FR Doc. 95–13135 Filed 5–26–95; 8:45 am]

BILLING CODE 6560–50–F

DEPARTMENT OF TRANSPORTATION

Maritime Administration

46 CFR Part 298

[Docket No. R–154]

RIN 2133–AB14

Obligations Guarantees; Program

Administration

AGENCY: Maritime Administration,

Department of Transportation.

ACTION: Extension of comment period.

SUMMARY: The Maritime Administration

(MARAD) is hereby extending the

period for submitting comments on the

NPRM that was published on April 26,

1995. The original comment period was

to end on May 26, 1995. This

rulemaking is intended to improve the

administration of the entire Title XI loan

guarantee program that is essential to

the re-entry of United States

shipbuilders into the commercial

market. This extension is being granted

at the request of the American

Shipbuilding Association, which

represents shipyards that employ a large

percentage of the workers employed in

private U.S. shipbuilding facilities and

which is vitally interested in the Title

XI program.

DATES: Written comments are requested

and must be received on or before June

13, 1995.

ADDRESSES: Comments may be mailed

or otherwise delivered to the Secretary,

Maritime Administration, Room 7210,

Department of Transportation, 400

Seventh Street SW., Washington, D.C.

20590. All comments will be made

available for inspection during normal

business hours at the above address.

Commenters wishing MARAD to

acknowledge receipt of comments

should enclose a stamped self-addressed

envelope or postcard.

FOR FURTHER INFORMATION CONTACT:

David A. Lippold, Examiner, Division of

Capital Assets Management, Office of

Ship Financing, Maritime

Administration, Room 8122, 400

Seventh Street SW., Washington, D.C.

20590. Telephone 202–366–1907.

Dated: May 25, 1995.

By Order of the Maritime Administrator.

Joel C. Richard,

Secretary, Maritime Administration.

[FR Doc. 95–13253 Filed 5–26–95; 8:45 am]

BILLING CODE 4910–81–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 25

[IB Docket No. 95–59; FCC 95–180]

Preemption of Local Zoning

Regulations

AGENCY: Federal Communications

Commission.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Commission has

proposed revisions to its rule

preempting local regulation of satellite

earth stations. These revisions are being

proposed in response to two Petitions

for Declaratory Ruling filed by Satellite

Broadcasting and Communications

Association and Hughes Network

Systems, Inc. and as a result of the

decision of the U.S. Court of Appeals of

the Second Circuit where the court

invalidated the requirement that

satellite-antenna users exhaust all other

legal remedies before petitioning the

Commission for a declaratory ruling.