Federal Register / Vol. 70, No. 199 / Monday, October 17, 2005 / Rules and Regulations 60217 

§ 801.7T Examples (temporary). 

(a) The rules of § 801.3T are 

illustrated by the following examples: 

Example 1. (i) Each year Division A’s 

Examination and Collection functions 

develop detailed workplans that set goals for 

specific activities (e.g., number of audits or 

accounts closed) and for other quantity 

measures such as cases started, cycle time, 

overage cases, and direct examination time. 

These quantity measure goals are developed 

nationally and by Area Office based on 

budget allocations, available resources, 

historical experience, and planned 

improvements. These plans also include 

information on measures of quality, customer 

satisfaction, and employee satisfaction. 

Results are updated monthly to reflect how 

each organizational unit is progressing 

against its workplan, and this information is 

shared with all levels of management. 

(ii) Although specific workplans are not 

developed at the Territory level, 

Headquarters management expects the Area 

Directors to use the information in the Area 

plans to guide the activity in their Territories. 

For 2005, Area Office 1’s workplan has a goal 

to close 1,000 examinations of small business 

corporations and 120,000 taxpayer 

delinquent accounts (TDAs), and there are 10 

Exam Territories and 12 Collection 

Territories in Area Office 1. While taking into 

account the mix and priority of workload, 

and available staffing and grade levels, the 

Examination Area Director communicates to 

the Territory Managers the expectation that, 

on average, each Territory should plan to 

close about 100 cases. The Collection Area 

Director similarly communicates to each 

Territory the expectation that, on average, 

they will close about 10,000 TDAs, subject to 

similar factors of workload mix and staffing. 

(iii) Similar communications then occur at 

the next level of management between 

Territory Managers and their Group 

Managers, and between Group Managers and 

their employees. These communications will 

emphasize the overall goals of the 

organization and each employee’s role in 

meeting those goals. The communications 

will include expectations regarding the 

average number of case closures that would 

have to occur to reach those goals, taking into 

account the fact that each employee’s actual 

closures will vary based upon the facts and 

circumstances of specific cases. 

(iv) Setting these quantity measure goals, 

and the communication of those goals, is 

permissible because case closures are a 

quantity measure. Case closures are an 

example of outcome-neutral production data 

that does not specify the outcome of any 

specific case such as the amount assessed or 

collected. 

Example 2. In conducting a performance 

evaluation, a supervisor is permitted to take 

into consideration information the supervisor 

has developed showing that the employee 

failed to propose an appropriate adjustment 

to tax liability in one of the cases the 

employee examined, provided that 

information is derived from a review of the 

work done on the case. All information 

derived from such a review of individual 

cases handled by the employee, including 

time expended, issues raised, and 

enforcement outcomes reached should be 

considered and discussed with the employee 

and used in evaluating the employee. 

Example 3. When assigning a case, a 

supervisor is permitted to discuss with the 

employee the merits, issues, and 

development of techniques of the case based 

upon a review of the case file. 

Example 4. A supervisor is not permitted 

to establish a goal for proposed adjustments 

in a future examination. 

(b) [Reserved]. 

§ 801.8T Effective dates (temporary). 

(a) The provisions of §§ 801.1T 

through 801.7T apply on or after 

October 17, 2005. 

(b) The applicability of §§ 801.1T 

through 801.7T expires on or before 

October 14, 2008. 

Mark E. Matthews, 

Deputy Commissioner for Services and 

Enforcement. 

Approved: October 3, 2005. 

Eric Solomon, 

Acting Deputy Assistant Secretary (Tax 

Policy). 

[FR Doc. 05–20439 Filed 10–14–05; 8:45 am] 

BILLING CODE 4830–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 261 

Identification and Listing of Hazardous 

Waste 

CFR Correction 

In Title 40 of the Code of Federal 

Regulations, Parts 260 to 265, revised as 

of July 1, 2005, in Appendix IX to Part 

261, on pages 129 and 130, in the 

second column under ‘‘Address’’, 

transfer entries 2 and 3 to the third 

column under ‘‘Waste description’’. 

[FR Doc. 05–55515 Filed 10–14–05; 8:45 am] 

BILLING CODE 1505–01–D 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 710 

[OPPT–2003–0075; FRL–7715–2] 

RIN–2070 AC61 

TSCA Inventory Update Reporting 

Partially Exempted Chemicals List; 

Addition of 1,2,3-Propanetriol 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to amend the Toxic Substances 

Control Act (TSCA) section 8(a) 

Inventory Update Reporting (IUR) 

regulations by adding 1,2,3-propanetriol 

(CASRN 56–81–5) to the list of chemical 

substances in 40 CFR 710.46(b)(2)(iv) 

which are exempt from reporting 

processing and use information required 

by 40 CFR 710.52(c)(4). EPA has 

determined that the IUR processing and 

use information for this chemical is of 

low current interest. Manufacturers and 

importers of the chemicals listed in 40 

CFR 710.46(b)(2)(iv) must continue to 

report manufacturing information. 

DATES: This direct final rule is effective 

on December 16, 2005 without further 

notice, unless EPA receives adverse 

comment by November 16, 2005. If, 

however, EPA receives adverse 

comment, EPA will publish a Federal 

Register document to withdraw the 

direct final rule before the effective date. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number OPPT–2005–0001, by one of the 

following methods: 

• Federal eRulemaking portal:http:// 

www.regulations.gov/. Follow the online instructions for submitting 

comments. 

• Agency website:http:// 

www.epa.gov/edocket/. EDOCKET, 

EPA’s electronic public docket and 

comment system, is EPA’s preferred 

method for receiving comments. Follow 

the on-line instructions for submitting 

comments. 

• E-mail: oppt.ncic@epa.gov. 

• Mail: Document Control Office 

(7407M), Office of Pollution Prevention 

and Toxics (OPPT), Environmental 

Protection Agency, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460–

0001. 

• Hand delivery: OPPT Document 

Control Office (DCO), EPA East Bldg., 

Rm. 6428, 1201 Constitution Ave., NW., 

Washington, DC. Attention: Docket ID 

number OPPT–2003–0075. The DCO is 

open from 8 a.m. to 4 p.m., Monday 

through Friday, excluding legal 

holidays. The telephone number for the 

DCO is (202) 564–8930. Such deliveries 

are only accepted during the Docket’s 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

• Instructions: Direct your comments 

to docket ID number OPPT–2005–0001. 

EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.epa.gov/edocket/, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

60218 Federal Register / Vol. 70, No. 199 / Monday, October 17, 2005 / Rules and Regulations 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through EDOCKET, 

regulations.gov, or e-mail. The EPA 

EDOCKET and the regulations.gov 

websites are ‘‘anonymous access’’

systems, which means EPA will not 

know your identity or contact 

information unless you provide it in the 

body of your comment. If you send an 

e-mail comment directly to EPA without 

going through EDOCKET or 

regulations.gov, your e-mail address 

will be automatically captured and 

included as part of the comment that is 

placed in the public docket and made 

available on the Internet. If you submit 

an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. For additional information 

about EPA’s public docket, visit 

EDOCKET on-line or see the Federal 

Register of May 31, 2002 (67 FR 38102) 

(FRL–7181–7). 

• Docket: All documents in the 

docket are listed in the EDOCKET index 

at http://www.epa.gov/edocket/. 

Although listed in the index, some 

information is not publicly available, 

i.e., CBI or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically in 

EDOCKET or in hard copy at the OPPT 

Docket, EPA Docket Center, EPA West, 

Rm. B102, 1301 Constitution Ave., NW., 

Washington, DC. The Public Reading 

Room is open from 8:30 a.m. to 4:30 

p.m., Monday through Friday, excluding 

legal holidays. The EPA Docket Center 

Reading Room telephone number is 

(202) 566–1744, and the telephone 

number for the OPPT Docket, which is 

located in the EPA Docket Center, is 

(202) 566–0280. 

FOR FURTHER INFORMATION CONTACT: For 

general information contact: Colby 

Lintner, Regulatory Coordinator, 

Environmental Assistance Division 

(7408M), Office of Pollution Prevention 

and Toxics, Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460–0001; telephone 

number: (202) 554–1404; e-mail 

address:TSCA-Hotline@epa.gov. 

For technical information contact: 

Susan Sharkey, Project Manager, 

Economics, Exposure and Technology 

Division (7406M), Office of Pollution 

Prevention and Toxics, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460; 

telephone number: (202) 564–8789; email address: sharkey.susan@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this Action Apply to Me? 

You may be affected by this action if 

you manufacture (defined by statute at 

15 U.S.C. 2602(7) to include import) 

chemical substances, including 

inorganic chemical substances, subject 

to reporting under the Inventory Update 

Rule (IUR) at 40 CFR part 710. Any use 

of the term ‘‘manufacture’’ in this 

document will encompass import, 

unless otherwise stated. In the past, 

persons that only were processors of 

chemical substances have not been 

required to comply with the 

requirements of 40 CFR part 710. These 

amendments do not change the status of 

processors under the regulations at 40 

CFR part 710. 

Potentially affected entities may 

include, but are not limited to: Chemical 

manufacturers and importers subject to 

IUR reporting, including chemical 

manufacturers and importers of 

inorganic chemical substances (NAICS 

codes 325, 32411). 

This listing is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

affected by this action. Other types of 

entities not listed in this unit could also 

be affected. The North American 

Industrial Classification System 

(NAICS) codes have been provided to 

assist you and others in determining 

whether this action might apply to 

certain entities. To determine whether 

you or your business may be affected by 

this action, you should carefully 

examine the applicability provisions at 

40 CFR 710.48. If you have any 

questions regarding the applicability of 

this action to a particular entity, consult 

the technical contact person listed 

under FOR FURTHER INFORMATION

CONTACT. 

B. How Can I Access Electronic Copies 

of this Document and Other Related 

Information? 

In addition to using EDOCKET (http:// 

www.epa.gov/edocket/), you may access 

thisFederal Register document 

electronically through the EPA Internet 

under the ‘‘Federal Register’’ listings at 

http:// www.epa.gov/fedrgstr/. A 

frequently updated electronic version of 

40 CFR part 710 is available at E-CFR 

Beta Site Two at http:// 

www.gpoaccess5.gov/ecfr/. 

C. What Should I Consider as I Prepare 

My Comments for EPA? 

1. Submitting CBI. Do not submit CBI 

to EPA through EDOCKET, 

regulations.gov, or e-mail. Clearly mark 

the part or all of the information that 

you claim to be CBI. For CBI 

information in a disk or CD ROM that 

you mail to EPA, mark the outside of the 

disk or CD ROM as CBI and then 

identify electronically within the disk or 

CD ROM the specific information that is 

claimed as CBI. In addition to one 

complete version of the comment that 

includes information claimed as CBI, a 

copy of the comment that does not 

contain the information claimed as CBI 

must be submitted for inclusion in the 

public docket. Information so marked 

will not be disclosed except in 

accordance with procedures set forth in 

40 CFR part 2. 

2. Tips for preparing your comments. 

When submitting comments, remember 

to: 

i. Identify the rulemaking by docket 

ID number and other identifying 

information (subject heading, Federal 

Register date, and page number). 

ii. Follow directions. The Agency may 

ask you to respond to specific questions 

or organize comments by referencing a 

Code of Federal Regulations (CFR) part 

or section number. 

iii. Explain why you agree or disagree; 

suggest alternatives, and substitute 

language for your requested changes. 

iv. Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

v. If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

vi. Provide specific examples to 

illustrate your concerns, and suggest 

alternatives. 

vii. Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

viii. Make sure to submit your 

comments by the comment period 

deadline identified. 

II. Background 

A. What is the Agency’s Authority for 

Taking this Action? 

EPA is required under TSCA section 

8(b), 15 U.S.C. 2607(b), to compile and 

keep current an inventory of chemical 

substances manufactured or processed 

in the United States. This inventory is 

Federal Register / Vol. 70, No. 199 / Monday, October 17, 2005 / Rules and Regulations 60219 

known as the TSCA Chemical 

Substances Inventory (the TSCA 

Inventory). In 1977, EPA promulgated a 

rule (42 FR 64572, December 23, 1977) 

under TSCA section 8(a), 15 U.S.C. 

2607(a), to compile an inventory of 

chemical substances in commerce at 

that time. In 1986, EPA promulgated the 

initial IUR under TSCA section 8(a) at 

40 CFR part 710 (51 FR 21438, June 12, 

1986) to facilitate the periodic updating 

of the TSCA Inventory and to support 

activities associated with the 

implementation of TSCA. In 2003, EPA 

promulgated extensive amendments to 

the IUR (68 FR 848, January 7, 2003) 

(FRL–6767–4) (2003 Amendments) to 

collect manufacturing, processing, and 

use exposure-related information, and to 

make certain other changes. Minor 

corrections to the IUR were made in July 

of 2004 (69 FR 40787, July 7, 2004) 

(FRL–7332–3). 

TSCA section 8(a)(1) authorizes the 

EPA Administrator to promulgate rules 

under which manufacturers and 

processors of chemical substances and 

mixtures (referred to hereinafter as 

chemical substances) must maintain 

such records and submit such 

information as the Administrator may 

reasonably require. TSCA section 8(a) 

generally excludes small manufacturers 

and processors of chemical substances 

from the reporting requirements 

established in TSCA section 8(a). 

However, EPA is authorized by TSCA 

section 8(a)(3) to require TSCA section 

8(a) reporting from small manufacturers 

and processors with respect to any 

chemical substance that is the subject of 

a rule proposed or promulgated under 

TSCA section 4, 5(b)(4), or 6, or that is 

the subject of an order under TSCA 

section 5(e), or that is the subject of 

relief that has been granted pursuant to 

a civil action under TSCA section 5 or 

7. The standard for determining whether 

an entity qualifies as a small 

manufacturer for purposes of 40 CFR 

part 710 generally is defined in 40 CFR 

704.3. Processors are not currently 

subject to the regulations at 40 CFR part 

710. 

B. What is the Inventory Update 

Reporting (IUR) regulation? 

The data reported under the IUR are 

used to update the information 

maintained on the TSCA Inventory. EPA 

uses the TSCA Inventory and data 

reported under the IUR to support many 

TSCA-related activities and to provide 

overall support for a number of EPA and 

other Federal health, safety, and 

environmental protection activities. The 

IUR, as amended by the 2003 

Amendments, requires U.S. 

manufacturers (including importers) of 

chemicals listed on the TSCA Inventory 

to report to EPA every 4 years the 

identity of chemical substances 

manufactured for a commercial purpose 

during the reporting year in quantities 

of 25,000 pounds or more at any single 

site they own or control. The IUR 

generally excludes several categories of 

substances from its reporting 

requirements, i.e., polymers, 

microorganisms, naturally occurring 

chemical substances, and certain natural 

gas substances. Sites are required to 

report information such as company 

name, site location and other identifying 

information, identity and production 

volume of the reportable chemical 

substance, manufacturing exposurerelated information associated with each 

reportable chemical substance, 

including the physical form and 

maximum concentration of the chemical 

substance and the number of potentially 

exposed workers. 

Manufacturers (including importers) 

of larger volume chemicals (i.e., 300,000 

lbs. or more manufactured during the 

reporting year at any site) are 

additionally required to report certain 

processing and use information (40 CFR 

710.52(c)(4)). This information includes 

process or use category, NAICS code, 

industrial function category, percent 

production volume associated with each 

process or use category, number of use 

sites, number of potentially exposed 

workers, and consumer/commercial 

information such as use category, use in 

or on products intended for use by 

children, and maximum concentration. 

For the 2006 submission period, 

inorganic chemicals, regardless of 

production volume, are partially exempt 

(i.e., submitters do not report the 

processing and use information listed in 

40 CFR 710.52(c)(4)). After the 2006 

reporting period, the partial exemption 

for inorganic chemicals will no longer 

be applicable and submitters will report 

processing and use information on 

inorganic chemical substances 

manufactured (including imported at a 

site in volumes of 300,000 pounds or 

more, unless partially exempted as 

described in Unit II.C. In addition, 

specifically listed petroleum process 

streams and other specifically listed 

chemical substances are partially 

exempt, and manufacturers of such 

substances are not required to report 

processing and use information during 

the 2006 submission period as well as 

subsequent submission periods. 

C. What is the ‘‘Low Current Interest’’

Partial Exemption and Petition Process? 

The 2003 Amendments established a 

partial exemption in 40 CFR 

710.46(b)(2) for certain chemicals for 

which EPA has determined the IUR 

processing and use information to be of 

‘‘low current interest.’’ The current list 

of chemical substances which are 

subject to the low current interest 

exemption are identified at 40 CFR 

710.46(b)(2)(iv). Persons who 

manufacture or import chemical 

substances listed in 40 CFR 

710.46(b)(2)(iv) are not required to 

report the processing and use 

information specified in 40 CFR 

710.52(c)(4), but are required to comply 

with all other reporting obligations. The 

public may petition EPA to add a 

substance to, or delete a substance from, 

the list of chemicals partially exempt 

from reporting under 40 CFR 

710.46(b)(2). 

In determining whether the partial 

exemption should apply to a particular 

chemical substance, EPA will consider 

the totality of information available for 

the chemical substance in question, 

including but not limited to information 

associated with one or more of the 

following considerations (see 40 CFR 

710.46(b)(2)(ii)): 

(A) Whether the chemical qualifies or has 

qualified in past IUR collections for the 

reporting of the information described in 

§ 710.52(c)(4) (i.e., at least one site 

manufactures 300,000 pounds or more of the 

chemical). 

(B) The chemical substance’s chemical and 

physical properties or potential for 

persistence, bioaccumulation, health effects, 

or environmental effects (considered 

independently or together). 

(C) The information needs of EPA, other 

federal agencies, tribes, states, and local 

governments, as well as members of the 

public. 

(D) The availability of other 

complementary risk screening information. 

(E) The availability of comparable 

processing and use information. 

(F) Whether the potential risks of the 

chemical substance are adequately managed 

by EPA or another agency or authority. 

It is important to note that the 

addition of a chemical substance under 

this partial exemption will not 

necessarily be based on the potential 

risks of the chemical, but on the 

Agency’s current assessment of the need 

for collecting IUR processing and use 

information for that chemical, based 

upon the totality of information 

considered during the petition review 

process. Additionally, interest in a 

chemical or a chemical’s processing and 

use information may increase in the 

future, at which time EPA will 

reconsider the applicability of this 

partial exemption for those chemicals. 

A petition to amend the list of 

chemicals partially exempt from 

reporting under 40 CFR 710.46(b)(2) 

(whether by adding or removing a 

60220 Federal Register / Vol. 70, No. 199 / Monday, October 17, 2005 / Rules and Regulations 

chemical to or from the list) must be in 

writing, must identify the chemical in 

question, including a chemical 

identification number, and should 

provide sufficient information for EPA 

to determine whether collection of the 

information in 40 CFR 710.52(c)(4) for 

the chemical in question is of low 

interest.In an earlier Federal Register 

notice (70 FR 3658, January 26, 2005) 

(FRL–7332–2), EPA proposed to further 

amend the IUR regulations to clarify the 

petition requirements. In that notice, 

EPA explained that a petition must 

include a written rationale or 

justification to support the assertion that 

collecting processing and use 

information for the chemical substance 

is of low current interest. In addition, 

the proposal clarifies that the petition 

must be accompanied by relevant 

documents, and include specific 

citations to information in those 

documents. The proposed amendments 

also provide that the petitioner’s 

rationale must include sufficient 

information upon which the Agency can 

assess the current need for IUR 

processing and use information and can 

make a decision concerning the 

reporting of that information for the 

subject chemical. Finally, the proposal 

clarifies that the burden of proof is on 

the petitioner to demonstrate why a 

given chemical substance should be 

considered of low current interest. The 

proposed rule has not yet been 

finalized. 

D. What Action is the Agency Taking? 

Through this action, EPA is amending 

the list of chemical substances that are 

partially exempt from reporting 

requirements under the IUR. EPA 

received three petitions requesting the 

addition of 1,2,3-propanetriol, CASRN 

56–81–5, to the list of substances in 40 

CFR 710.46(b)(2)(iv) (Refs. 1, 2, and 3). 

EPA considered the information 

provided in the three petitions and 

determined that there is at least one site 

manufacturing 300,000 pounds or more 

(see 40 CFR 710.46(b)(2)(ii)(A)); that 

there is sufficient current evidence of 

low hazard (see 40 CFR 

710.46(b)(2)(ii)(B)); and that EPA 

believes that more information on 1,2,3- 

propanetriol (CASRN 56–81–5) would 

not further our understanding of this 

chemical at this time (see 40 CFR 

710.46(b)(2)(ii)(C)). Therefore, the IUR 

processing and use information for 

1,2,3-propanetriol (CASRN 56–81–5) is 

of low current interest (Ref. 4). 

The petitions included sufficient 

information for EPA to identify a low 

current interest in the processing and 

use information associated with 1,2,3- 

propanetriol. One petition directed the 

Agency to specific citations in 

documents supplied with the petition, 

enabling the Agency to identify and 

review information pertinent to the 

decision. 

EPA received 22 reports for 1,2,3- 

propanetriol with production volumes 

of 300,000 lbs. or greater in the 2002 

IUR submission period. Removing the 

requirement to report processing and 

use information for 22 reports results in 

a cost savings of $119,483 to $128,960 

in the first reporting cycle and $95,586 

to $103,168 in future reporting cycles 

(Ref. 5). 

The Agency acknowledges that 

additional, unidentified information 

may exist. If you are in possession of 

information which is relevant to the 

Agency’s decision to partially exempt 

1,2,3-propanetriol, please provide 

comments following the procedure 

listed in ADDRESSES. 

III. Direct Final Rule Procedures 

EPA is publishing this rule without 

prior proposal because the Agency 

views this as a noncontroversial 

amendment and anticipates no adverse 

comment. This final rule will be 

effective on December 16, 2005 without 

further notice unless the Agency 

receives adverse comment by November 

16, 2005. If EPA receives adverse 

comment on this rulemaking, the 

Agency will publish a timely 

withdrawal in the Federal Register and 

will publish a notice of proposed 

rulemaking in a future edition of the 

Federal Register. The Agency will 

address the comments as part of that 

proposed rulemaking. 

IV. Materials in the Rulemaking Record 

The public version of the official 

record for this rulemaking is contained 

in three separate dockets that can be 

accessed as described in the ADDRESSES

unit. Docket ID number OPPT–2005–

0001 contains the main rulemaking 

record. Additionally, certain supporting 

records are contained in docket ID 

numbers OPPT–2003–0059 and OPPT–

2004–0071, as identified in the listing 

contained in this unit. This record 

includes the documents located in the 

docket as well as the documents that are 

referenced in those documents. 

1. Letter from Barbara J. Slatt, The 

Proctor & Gamble Company, to OPPT 

Document Control Officer, EPA, April 3, 

2003. Docket document numbers OPPT–

2003–0059–0002 through OPPT–2003–

0059–0004. 

2. Letter from Linda C. Burgert, The 

Dow Chemical Company, to OPPT 

Document Control Officer, EPA, 

December 30, 2003. Docket document 

number OPPT–2003–0059–0005. 

3. Letter from Herbert Estreicher, Esq., 

and Martha E. Marrapese, Esq., Keller 

and Heckman LLP, to OPPT Document 

Control Officer, EPA, December 30, 

2003. Docket document number OPPT–

2004–0071–0002. 

4. USEPA, ‘‘Petition Review Report 

for CASRN 56–81–5,’’ December 22, 

2004. 

5. USEPA, ‘‘Cost Savings Estimate of 

Adding 1,2,3-Propanetriol to the 40 CFR 

710.46(b)(2) Chemical Substance List,’’

OPPT, January 5, 2005. 

V. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review 

This direct final rule implements one 

change to 40 CFR part 710, resulting in 

a burden and cost reduction. Since this 

direct final rule does not impose any 

new requirements, it is not subject to 

review by the Office of Management and 

Budget (OMB) under Executive Order 

12866, entitled Regulatory Planning and 

Review (58 FR 51735, October 4, 1993). 

B. Paperwork Reduction Act 

This direct final rule does not contain 

any information collections subject to 

OMB approval under the Paperwork 

Reduction Act (PRA), 44 U.S.C. 3501et 

seq. 

C. Regulatory Flexibility Act 

Since this action makes one change to 

40 CFR part 710, resulting in a burden 

reduction, EPA certifies this action will 

not have a significant economic impact 

on a substantial number of small 

entities. There will be no adverse 

impact on small entities resulting from 

this action. 

D. Unfunded Mandates Reform Act 

This action does not impose any 

enforceable duty or contain any 

unfunded mandate as described under 

Title II of the Unfunded Mandates 

Reform Act of 1995 (UMRA) (Public 

Law 104–4). 

E. Executive Order 3132 

The Agency has determined that this 

action will not have a substantial direct 

effect on States, on the relationship 

between the national government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government, as 

specified in Executive Order 13132, 

entitled Federalism (64 FR 43255, 

August 10, 1999). Executive Order 

13132 requires EPA to develop an 

accountable process to ensure 

‘‘meaningful and timely input by State 

and local officials in the development of 

regulatory policies that have federalism 

Federal Register / Vol. 70, No. 199 / Monday, October 17, 2005 / Rules and Regulations 60221 

implications.’’ ‘‘Policies that have 

federalism implications’’ is defined in 

the Executive Order to include 

regulations that have ‘‘substantial direct 

effects on the States, on the relationship 

between the national government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government.’’ This 

action does not alter the relationships or 

distribution of power and 

responsibilities established by Congress. 

F. Executive Order 13175 

The Agency has determined that this 

rule does not have any ‘‘tribal 

implications’’ as described in Executive 

Order 13175, entitled Consultation and 

Coordination with Indian Tribal 

Governments (65 FR 67249, November 

6, 2000). Executive Order 13175, 

requires EPA to develop an accountable 

process to ensure ‘‘meaningful and 

timely input by tribal officials in the 

development of regulatory policies that 

have tribal implications.’’ This direct 

final rule will not have substantial 

direct effects on tribal governments, on 

the relationship between the Federal 

Government and Indian tribes, or on the 

distribution of power and 

responsibilities between the Federal 

Government and Indian tribes, as 

specified in Executive Order 13175. 

Thus, Executive Order 13175 does not 

apply to this rule. 

G. Executive Order 13045 

This action does not require OMB 

review or any other Agency action 

under Executive Order 13045, entitled 

Protection of Children from 

Environmental Health Risks and Safety 

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

H. Executive Order 13211 

Because this direct final rule is 

exempt from review under Executive 

Order 12866 due to its lack of 

significance, this direct final rule is not 

subject to Executive Order 13211, 

Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use (66 FR 28355, May 

22, 2001). 

I. National Technology Transfer 

Advancement Act 

This action does not involve any 

technical standards that would require 

Agency consideration of voluntary 

consensus standards pursuant to section 

12(d) of the National Technology 

Transfer and Advancement Act of 1995 

(NTTAA), Public Law 104–113, section 

12(d) (15 U.S.C. 272 note). 

J. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

Agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and the Comptroller General of 

the United States. 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. This rule is not a 

‘‘major rule’’ as defined by 5 U.S.C. 

804(2). 

List of Subjects in 40 CFR Part 710 

Environmental protection, Chemicals, 

Hazardous materials, 1,2,3-Propanetriol, 

Reporting and recordkeeping 

requirements. 

Dated: September 13, 2005. 

Charles M. Auer, 

Director, Office of Pollution Prevention and 

Toxics. 

■ Therefore, 40 CFR chapter I is 

amended as follows: 

PART 710 [AMENDED] 

■ 1. The authority citation for part 710 

continues to read as follows: 

Authority: 15 U.S.C. 2607(a). 

■ 2. Section 710.46 is amended by 

adding the following entry in ascending 

order to the table in paragraph (b)(2)(iv). 

§ 710.46 Chemical substances for which 

information must be reported. 

* * * * * 

(b) * * * 

(2) * * * 

(iv) * * * 

CAS NUMBERS OF PARTIALLY EXEMPT

CHEMICAL SUBSTANCES UNDER

§ 710.46(B)(2) 

CAS No. Chemical 

* * * * * 

56–81–5 .................... 1,2,3-Propanetriol 

* * * * * 

* * * * * 

[FR Doc. 05–20711 Filed 10–14–05; 8:45 am] 

BILLING CODE 6560–50–S 

GENERAL SERVICES 

ADMINISTRATION 

41 CFR Parts 301–11 and 301–74 

[FTR Amendment 2005–06; FTR Case 2005–

306] 

RIN 3090–AI20 

Federal Travel Regulation; Per Diem 

Expenses (Meals and Incidental 

Expense Allowance) - 2005 

AGENCY: Office of Governmentwide 

Policy, General Services Administration 

(GSA). 

ACTION: Final rule. 

SUMMARY: The General Services 

Administration (GSA) is amending the 

Federal Travel Regulation (FTR), by 

revising the meals and incidental 

expense (MI&E) allowance rates for the 

deduction of meals furnished by the 

Government or meals that are included 

in a registration fee, for travel within the 

Continental United States (CONUS). 

The FTR and any corresponding 

documents may be accessed at GSA’s 

website at http://www.gsa.gov/ftr. 

DATES: Effective Date: October 1, 2005. 

FOR FURTHER INFORMATION CONTACT: The 

Regulatory Secretariat (VIR), Room 

4035, GS Building, Washington, DC, 

20405, (202) 208–7312, for information 

pertaining to status or publication 

schedules. For clarification of content, 

contact Ms. Umeki Gray Thorne, Office 

of Governmentwide Policy, Travel and 

Transportation Policy Formulation, at 

(202) 208–7636. Please cite FTR 

Amendment 2005–06; FTR case 2005–

306. 

SUPPLEMENTARY INFORMATION: 

A. Background 

In July 2005 a study was conducted to 

evaluate the current cost of meals in 

non-standard and standard CONUS 

areas. The previous study of this kind 

was conducted in 1998. As a result of 

the 2005 study’s findings, a new meals 

and incidental expense rate was 

approved. These new meal rates and 

new meal breakdown allowances for 

meals furnished by the Government or 

meals that are included in a registration 

fee for CONUS travel are provided 

under this amendment. 

B. Executive Order 12866 

This is not a significant regulatory 

action and, therefore, was not subject to 

review under Section 6(b) of Executive 

Order 12866, Regulatory Planning and 

Review, dated September 30, 1993. This 

rule is not a major rule under 5 U.S.C. 

804.