29486 Federal Register / Vol. 61, No. 113 / Tuesday, June 11, 1996 / Rules and Regulations

Federal Regulations. If you have

questions regarding the applicability of

this action to a particular entity, consult

the person listed in the preceding FOR

FURTHER INFORMATION CONTACT section.

I. Background

In the Federal Register published

January 31, 1996, EPA announced that,

pursuant to Clean Air Act section

307(d)(7)(B), 42 U.S.C. 7607(d)(7)(B), the

Agency was convening a proceeding for

reconsideration of 40 CFR

82.13(g)(2)(viii), which requires an

importer petitioning to import used

class I controlled substances to certify

that the purchaser of the controlled

substance is liable for the tax (61 FR

3316). EPA had promulgated this

provision as a final federal rule on May

10, 1995, under sections 604 and 606 of

the Clean Air Act (60 FR 24970).

Readers should refer to the notice of

reconsideration for a complete

discussion of the background and

provision affected. In the notice of

reconsideration EPA also announced a

three-month administrative stay of the

effectiveness of 40 CFR 82.13(g)(2)(viii)

during reconsideration, pursuant to

Clean Air Act section 307(d)(7)(B), 42

U.S.C. 7607(d)(7)(B). In an

accompanying notice, EPA proposed to

extend the stay beyond the three-month

administrative stay, pursuant to Clean

Air Act section 301(a)(1), 42 U.S.C.

7601(a)(1), but only to the extent

necessary to complete reconsideration

(including any appropriate regulatory

action) of the rule in question (61 FR

3361). EPA received one comment on

this proposal, which is addressed

below.

EPA did not complete reconsideration

(including appropriate regulatory

action) within the three-month period of

the administrative stay, and is now

extending the stay of this provision

until the Agency completes

reconsideration. The stay will extend

until the effective date of EPA’s final

action following reconsideration of this

rule.

EPA is staying the reporting

requirement contained in 40 CFR

82.13(g)(2)(viii) and associated

compliance dates in order to complete

reconsideration of this provision, and

take appropriate action, following the

notice and comment procedures of

section 307(d) of the Clean Air Act. If,

after reconsideration of this provision,

EPA determines that it is appropriate to

impose new requirements that are

stricter than the existing rules, EPA will

propose an adequate compliance period

from the date of final action on

reconsideration. EPA will seek to ensure

that the affected parties are not unduly

prejudiced by the Agency’s

reconsideration. EPA expects that any

EPA proposal regarding changes to the

tax liability certification requirement for

a petition for the import of used class I

controlled substances would be subject

to the notice and comment procedures

of Clean Air Act section 307(d).

II. Comments

EPA received only one comment on

the proposed extension of the stay. The

commenter stated that further

reconsideration of the reporting

requirement is unnecessary because

‘‘the Internal Revenue Service (IRS) has

subsequently clarified that the tax is,

indeed, due upon first sale or use after

import.’’ The commenter also stated that

it supports EPA’s petition process

requiring all importers of used Class I

substances to supply information to the

Agency, including the certification of

liability for the tax. The commenter was

concerned that delay in imposing the

full petition requirements could result

in additional illegal CFCs entering the

U.S.

EPA believes that a stay of the

provision is appropriate to ensure that

the Agency meets the procedural

requirements for rulemaking and

because a temporary stay should not

unduly hinder EPA’s enforcement of the

requirements for imports of used Class

I substances. On May 31, 1995, PAACO

International, Inc., an importer of used

class I controlled ozone-depleting

substances, petitioned EPA for

reconsideration of the certification

provision at issue. The petitioner

asserted that EPA did not give the

public notice of the requirement and

therefore it was ‘‘impracticable to raise

objections’’ to the provision during the

public comment period. The petitioner

also claimed that the objections are of

central relevance to the rule because it

believes that ‘‘purchasers’’ are not liable

for the tax, it could not certify liability,

and it could not conduct its business

under the rule. EPA granted the request

for reconsideration and stay of the

provision, recognizing that the proposed

rule did not discuss the possibility of a

certification of liability for taxes. EPA

believes it would not be appropriate to

reimpose the provision prior to

conducting a notice and comment

rulemaking on such provision.

Moreover, EPA believes the stay does

not unduly hinder the Agency’s ability

to control illegal imports of used class

I controlled substances. The stay only

applies to the one certification

requirement in § 82.13(g)(2)(viii), and

the remainder of the petition

requirement remains intact. In addition,

the stay is temporary, and through the

process of reconsidering the

requirement, EPA will determine

whether to conduct a rulemaking to

reimpose the certification requirement

or a variant thereof. To the extent that

the comment urges EPA to retain the

certification requirement as is, EPA will

take the comment into account in

reconsidering the certification

requirement.

Thus, with today’s action, EPA

temporarily extends the stay of 40 CFR

82.13(g)(2)(viii) until EPA has

completed final reconsideration

(including any appropriate regulatory

action) of the rule in question.

List of Subjects in 40 CFR Part 82

Environmental protection,

Administrative practice and procedure,

Air pollution control, Chemicals,

Chlorofluorocarbons, Exports,

Hydrochlorofluorocarbons, Imports,

Interstate commerce, Nonessential

products, Reporting and recordkeeping

requirements, Stratospheric ozone layer.

Dated: June 3, 1996.

Carol M. Browner,

Administrator.

Part 82, chapter I, title 40, of the Code

of Federal Regulations, is amended to

read as follows:

PART 82—PROTECTION OF

STRATOSPHERIC OZONE

1. The authority citation for part 82

continues to read as follows:

Authority: 42 U.S.C. 7414, 7601, 7671–

7671q.

2. Section 82.13 is amended by

adding paragraph (g)(2)(xi) to read as

follows:

§ 82.13 Recordkeeping and reporting.

* * * * *

(g) * * *

(2) (xi) Rules stayed for

reconsideration. Notwithstanding any

other provisions of this subpart, the

effectiveness of 40 CFR 82.13(g)(2)(viii)

is stayed from July 11, 1996 until the

completion of the reconsideration of 40

CFR 82.13(g)(2)(viii).

* * * * *

[FR Doc. 96–14764 Filed 6–10–96; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 799

[OPPTS–42185A; FRL 5368–3]

RIN 2070–AB94

Testing Consent Order For Alkyl

Glycidyl Ethers; Technical Amendment

AGENCY: Environmental Protection

Agency (EPA).
Federal Register / Vol. 61, No. 113 / Tuesday, June 11, 1996 / Rules and Regulations 29487

ACTION: Final consent agreement and

order; technical amendment.

SUMMARY: EPA is issuing a technical

amendment to the final rule published

in the Federal Register on March 22,

1996 (61 FR 11740) announcing the

testing consent order and enforceable

consent agreement (ECA) for alkyl

glycidyl ethers (AGEs) in order to reflect

the export notification provision of the

ECA. Under the ECA, export notification

is required for all AGEs represented by

the test substance in the ECA.

EFFECTIVE DATE: June 11, 1996.

FOR FURTHER INFORMATION CONTACT:

Susan B. Hazen, Director,

Environmental Assistance Division

(7408), Office of Pollution Prevention

and Toxics, Rm. ET–543B, U.S.

Environmental Protection Agency, 401

M St., SW., Washington, DC 20460;

telephone: (202) 554–1404, TDD: (202)

554–0551; e-mail:

TSCAHotline@epamail.epa.gov. For

technical information contact: Keith

Cronin, Project Manager, Chemical

Control Division (7405), Office of

Pollution Prevention and Toxics, U.S.

Environmental Protection Agency, 401

M St., SW., Washington, DC 20460,

telephone: 202–260–8157, fax: 202–

260–1096, e-mail:

cronin.keith@epamail.epa.gov.

SUPPLEMENTARY INFORMATION: EPA is

issuing a technical amendment to the

notice announcing the testing consent

order (Order) incorporating the ECA for

AGEs that was published in the Federal

Register on March 22, 1996 (61 FR

11740) (FRL–5356–7). Under the terms

of the ECA, Air Products and Chemicals,

Inc., Callaway Chemical Company,

Ciba-Geigy Corporation, CVC Specialty

Chemicals, and Shell Chemical

Company (the Companies) agreed to

perform certain health effects tests on

alkyl (C12-C13) glycidyl ether (CAS No.

120547–52–6), as a representative of

subcategory II-A (the AGEs) of EPA’s

proposed test rule for the category

glycidol and its derivatives (56 FR

57144, November 7, 1991). A summary

of the ECA and its background are

provided in the Federal Register notice

of March 22, 1996.

The March 22, 1996 Federal Register

notice was supposed to summarize the

exact terms of the ECA and add the

names of the affected chemicals to the

list of chemical substances and mixtures

in 40 CFR 799.5000 for which export

notification is required under 40 CFR

799.19; however, the notice

inadvertently contained a different

export notification provision than that

contained in the ECA. The ECA requires

export notification for all members of

the AGEs subcategory; the Federal

Register notice indicates that export

notification is required solely for alkyl

(C12-C13) glycidyl ether. This notice

corrects the export notification

provision set forth in the March 22,

1996 Federal Register notice to reflect

the export notification provision of the

ECA.

Accordingly, Unit V, ‘‘Export

Notification’’, of the March 22, 1996

Federal Register notice is corrected to

read as follows:

The issuance of the ECA and Order

subjects any persons who export or

intend to export AGEs, of any purity, to

the export notification requirements of

section 12(b) of TSCA. The listing of a

chemical substance or mixture at 40

CFR 799.5000 serves as notification to

persons who export or intend to export

such chemical substance or mixture that

the substance or mixture is the subject

of an ECA and Order and that 40 CFR

part 707 applies.

This notice also amends 40 CFR

799.5000 to add the AGEs, represented

by alkyl (C12-C13) glycidyl ether, to the

list of chemicals for which export

notification is required. Alkyl (C12-C13)

glycidyl ether was added to the list by

the March 22, 1996 Federal Register

notice and remains on the list.

List of Subjects in 40 CFR Part 799

Environmental protection, Chemicals,

Hazardous substances, Reporting and

recordkeeping requirements.

Dated: May 29, 1996.

Lynn R. Goldman,

Assistant Administrator for Prevention,

Pesticides, and Toxic Substances.

Therefore, title 40 of the Code of

Federal Regulations, chapter I,

subchapter R, part 799 is amended as

follows:

PART 799—[AMENDED]

1. The authority citation for part 799

continues to read as follows:

Authority: 15 U.S.C. 2603, 2611, 2625.

2. Section 799.5000 is amended by

adding to the table in CAS number order

the following members of the alkyl

glycidyl ethers subcategory of the

category glycidol and its derivatives, as

represented by alkyl (C12-C13) glycidyl

ether (CAS No. 120547-52-6): lauryl

glycidyl ether (CAS No. 2461–18–9);

hexadecyl glycidyl ether (CAS No.

15965–99–8); n-octadecyl glycidyl ether

(CAS No. 16245–97–9); tetradecyl

glycidyl ether (CAS No. 38954-75–5);

alkyl (C10-C16) glycidyl ether (CAS No.

68081–84–5); and alkyl (C12-C14)

glycidyl ether (CAS No. 68609–97–2).

The amendment to the table reads as

follows:

§ 799.5000 Testing consent orders for

substances and mixtures with Chemical

Abstract Service Registry Numbers.

* * * * *

CAS Number Substance or mixture name Testing FR publication date

* * * * * * *

2461–18–9 ............................ Lauryl Glycidyl Ether1 ............................... Health Effects ................ June 11, 1996

15965–99–8 .......................... Hexadecyl Glycidyl Ether1 ........................ Health Effects ................ June 11, 1996

16245–97–9 .......................... n-Octadecyl Glycidyl Ether1 ...................... Health Effects ................ June 11, 1996

38954–75–5 .......................... Tetradecyl Glycidyl Ether1 ........................ Health Effects ................ June 11, 1996

68081–84–5 .......................... Alkyl (C10-C16) Glycidyl Ether1 .................. Health Effects ................ June 11, 1996

68609–97–2 .......................... Alkyl (C12-C14) Glycidyl Ether1 .................. Health Effects ................ June 11, 1996

* * * * * * *

1 As represented by alkyl (C12-C13) glycidyl ether (CAS No. 120547–52–6)
29488 Federal Register / Vol. 61, No. 113 / Tuesday, June 11, 1996 / Rules and Regulations

[FR Doc. 96–14773 Filed 6–10–96; 8:45 am]

BILLING CODE 6560–50–F

FEDERAL EMERGENCY

MANAGEMENT AGENCY

44 CFR Part 65

[Docket No. FEMA–7183]

Changes in Flood Elevation

Determinations

AGENCY: Federal Emergency

Management Agency, FEMA.

ACTION: Interim rule.

SUMMARY: This interim rule lists

communities where modification of the

base (1% annual chance) flood

elevations is appropriate because of new

scientific or technical data. New flood

insurance premium rates will be

calculated from the modified base flood

elevations for new buildings and their

contents.

DATES: These modified base flood

elevations are currently in effect on the

dates listed in the table and revise the

Flood Insurance Rate Map(s) (FIRMs) in

effect prior to this determination for

each listed community.

From the date of the second

publication of these changes in a

newspaper of local circulation, any

person has ninety (90) days in which to

request through the community that the

Acting Associate Director reconsider the

changes. The modified elevations may

be changed during the 90-day period.

ADDRESSES: The modified base flood

elevations for each community are

available for inspection at the office of

the Chief Executive Officer of each

community. The respective addresses

are listed in the following table.

FOR FURTHER INFORMATION CONTACT:

Michael K. Buckley, P.E., Chief, Hazard

Identification Branch, Mitigation

Directorate, 500 C Street, SW.,

Washington, DC 20472, (202) 646–2756.

SUPPLEMENTARY INFORMATION: The

modified base flood elevations are not

listed for each community in this

interim rule. However, the address of

the Chief Executive Officer of the

community where the modified base

flood elevation determinations are

available for inspection is provided.

Any request for reconsideration must

be based upon knowledge of changed

conditions, or upon new scientific or

technical data.

The modifications are made pursuant

to section 201 of the Flood Disaster

Protection Act of 1973, 42 U.S.C. 4105,

and are in accordance with the National

Flood Insurance Act of 1968, 42 U.S.C.

4001 et seq., and with 44 CFR part 65.

For rating purposes, the currently

effective community number is shown

and must be used for all new policies

and renewals.

The modified base flood elevations

are the basis for the floodplain

management measures that the

community is required to either adopt

or to show evidence of being already in

effect in order to qualify or to remain

qualified for participation in the

National Flood Insurance Program.

These modified elevations, together

with the floodplain management criteria

required by 44 CFR 60.3, are the

minimum that are required. They

should not be construed to mean that

the community must change any

existing ordinances that are more

stringent in their floodplain

management requirements. The

community may at any time enact

stricter requirements of its own, or

pursuant to policies established by other

Federal, state or regional entities.

The changes in base flood elevations

are in accordance with 44 CFR 65.4.

National Environmental Policy Act

This rule is categorically excluded

from the requirements of 44 CFR Part

10, Environmental Consideration. No

environmental impact assessment has

been prepared.

Regulatory Flexibility Act

The Acting Associate Director,

Mitigation Directorate, certifies that this

rule is exempt from the requirements of

the Regulatory Flexibility Act because

modified base flood elevations are

required by the Flood Disaster

Protection Act of 1973, 42 U.S.C. 4105,

and are required to maintain community

eligibility in the National Flood

Insurance Program. No regulatory

flexibility analysis has been prepared.

Regulatory Classification

This interim rule is not a significant

regulatory action under the criteria of

section 3(f) of Executive Order 12866 of

September 30, 1993, Regulatory

Planning and Review, 58 FR 51735.

Executive Order 12612, Federalism

This rule involves no policies that

have federalism implications under

Executive Order 12612, Federalism,

dated October 26, 1987.

Executive Order 12778, Civil Justice

Reform

This rule meets the applicable

standards of section 2(b)(2) of Executive

Order 12778.

List of Subjects in 44 CFR Part 65

Flood insurance, Floodplains,

Reporting and recordkeeping

requirements.

Accordingly, 44 CFR part 65 is

amended to read as follows:

PART 65—[AMENDED]

1. The authority citation for part 65

continues to read as follows:

Authority: 42 U.S.C. 4001 et seq.;

Reorganization Plan No. 3 of 1978, 3 CFR,

1978 Comp., p. 329; E.O. 12127, 44 FR 19367,

3 CFR, 1979 Comp., p. 376.

§ 65.4 [Amended]

2. The tables published under the

authority of § 65.4 are amended as

follows:

State and county Location

Dates and name of newspaper where notice was

published

Chief executive officer

of community

Effective date of modificationCommunity

No.

Florida: Duval .............. City of Jacksonville ..... April 15, 1996, April 22,

1996, The Florida

Times-Union.

The Honorable John

Delaney, Mayor of

the City of Jacksonville, 220 East Bay

Street, 14th Floor,

Jacksonville, Florida

32202–3495.

April 8, 1996 ................ 120077 E

New Jersey: Union ...... Borough of Kenilworth April 10, 1996, April 17,

1996, Cranford Chronicle.

The Honorable Michael

Tripodi, Mayor of the

Borough of Kenilworth, 567 Boulevard, Kenilworth, New

Jersey 07033.

April 3, 1996 ................ 340466 B