33374 Federal Register / Vol. 61, No. 125 / Thursday, June 27, 1996 / Rules and Regulations

finding that activities described in the

PMN may result in a significant risk.

EFFECTIVE DATE: The effective date of

this rule is July 29, 1996.

FOR FURTHER INFORMATION CONTACT:

Susan B. Hazen, Director,

Environmental Assistance Division

(7408), Office of Pollution Prevention

and Toxics, Environmental Protection

Agency, Rm. E–543A, 401 M St., SW.,

Washington, DC 20460, Telephone:

(202) 554–1404, TDD: (202) 554–0551;

e-mail: TSCA-Hotline@epamail.epa.gov.

SUPPLEMENTARY INFORMATION: In the

Federal Register of September 23, 1992

(57 FR 44050), EPA issued a SNUR

(FRL–4001–2) establishing significant

new uses for cyclohexanecarbonitrile,

1,3,3-trimethyl-5-oxo-. Because of

additional data EPA has received for

this substance, EPA is revoking this

SNUR.

I. Background

The Agency proposed the revocation

of the SNUR for this substance in the

Federal Register of September 13, 1995

(60 FR 47531) (FRL–4926–1). The

background and reasons for the

revocation of the SNUR are set forth in

the preamble to the proposed

revocation. The Agency received no

public comment concerning the

proposed revocation. As a result EPA is

revoking this SNUR.

II. Background and Rationale for Final

SNUR Revocation of the Rule

During review of the premanufacture

notice (PMN) submitted for the

chemical substance that is the subject of

this final SNUR revocation, 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 environmental effects of the

substance, and that the substance is

expected to be produced in substantial

quantities and there may be significant

or substantial human exposure. EPA

identified the tests necessary to make a

reasoned evaluation of the risks posed

by the substance to the human health.

Based on these findings, a section 5(e)

consent order was negotiated with the

PMN submitter and a SNUR was

promulgated.

EPA reviewed testing conducted by

the PMN submitter pursuant to the

consent order for the substance and

determined that the information

available was sufficient to make a

reasoned evaluation of the health effects

of the substance. EPA has determined

that it could not support a finding that

activities described in the PMN may

result in a significant risk. The final

revocation of SNUR provisions for the

substance designated herein is

consistent with the revocation of the

section 5(e) order.

In light of the above, EPA is finalizing

a revocation of SNUR provisions for this

chemical substance. When this

revocation becomes final, EPA will no

longer require notice of any company’s

intent to manufacture, import, or

process this substance. In addition,

export notification under section 12(b)

of TSCA will no longer be required.

III. Rulemaking Record

The record for the rule which EPA is

revoking was established at OPPTS–

50601 (P–90–1358). This record

includes information considered by the

Agency in developing the rule and

includes the test data that formed the

basis for this finalization.

A public version of the record,

without any Confidential Business

Information, is available in the OPPT

Non-Confidential Information Center

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

through Friday, except legal holidays.

The TSCA NCIC is located in the

Northeast Mall Basement Rm. B–607,

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

IV. Regulatory Assessment

Requirements

EPA is revoking the requirements of

the rule. Any costs or burdens

associated with the rule will also be

eliminated when the rule is revoked.

Therefore, EPA finds that no costs or

burdens must be assessed 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: June 18, 1996.

Charles M. Auer,

Director, Chemical Control Division, Office

of Pollution Prevention and Toxics.

Therefore, 40 CFR part 721 is

amended to read as follows:

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).

§ 721.2225 [Removed]

2. By removing § 721.2225.

[FR Doc. 96–16337 Filed 6–26–96; 8:45 am]

BILLING CODE 6560–50–F

40 CFR Part 721

[OPPTS–50608D; FRL–5372–1]

Ethane, 1,1,1 Trifluoro-; Revocation of

a Significant New Use Rule

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: EPA is revoking a significant

new use rule (SNUR) promulgated

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

Substances Control Act (TSCA) for

ethane, 1,1,1 trifluoro, based on receipt

of new data. Based on the data the

Agency determined that it could not

support a finding that activities

described in the PMN may result in a

significant risk.

EFFECTIVE DATE: The effective date of

this rule is July 29, 1996.

FOR FURTHER INFORMATION CONTACT:

Susan B. Hazen, Director,

Environmental Assistance Division

(7408), Office of Pollution Prevention

and Toxics, Environmental Protection

Agency, Rm. E–543A, 401 M St., SW.,

Washington, DC 20460, Telephone:

(202) 554–1404, TDD: (202) 554–0551;

e-mail: TSCA-Hotline@epamail.epa.gov.

SUPPLEMENTARY INFORMATION: In the

Federal Register of June 8, 1993 (58 FR

32228), EPA issued a SNUR (FRL–4172–

3) establishing significant new uses for

ethane, 1,1,1 trifluoro-. Because of

additional data EPA has received for

this substance, EPA is revoking this

SNUR.

I. Background

The Agency proposed the revocation

of the SNUR for this substance in the

Federal Register of September 13, 1995

(60 FR 47533) (FRL–4911–5). The

background and reasons for the

revocation of the SNUR are set forth in

the preamble to the proposed

revocation. The Agency received no

public comment concerning the

proposed revocation. As a result EPA is

revoking this SNUR.

II. Background and Rationale for Final

SNUR Revocation of the Rule

During review of the premanufacture

notice (PMN) submitted for the

chemical substance that is the subject of

this final SNUR revocation, 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 effects of the substance,

and that the substance is expected to be

produced in substantial quantities and

there may be significant or substantial

human exposure. EPA identified the
Federal Register / Vol. 61, No. 125 / Thursday, June 27, 1996 / Rules and Regulations 33375

tests necessary to make a reasoned

evaluation of the risks posed by the

substance to the human health. Based

on these findings, a section 5(e) consent

order was negotiated with the PMN

submitter and a SNUR was

promulgated. EPA reviewed testing

conducted by the PMN submitter

pursuant to the consent order for the

substance and determined that the

information available was sufficient to

make a reasoned evaluation of the

health effects of the substance. EPA has

determined that it could not support a

finding that activities described in the

PMN may result in a significant risk.

The final revocation of SNUR provisions

for the substance designated herein is

consistent with the revocation of the

section 5(e) order.

In light of the above, EPA is finalizing

a revocation of SNUR provisions for this

chemical substance. When this

revocation becomes final, EPA will no

longer require notice of any person’s

intent to manufacture, import, or

process this substance. In addition,

export notification under section 12(b)

of TSCA will no longer be required.

III. Rulemaking Record

The record for the rule which EPA is

revoking was established at OPPTS–

50608 (P–92–341). This record includes

information considered by the Agency

in developing the rule and includes the

test data that formed the basis for this

finalization.

A public version of the record,

without any Confidential Business

Information, is available in the OPPT

Non-Confidential Information Center

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

through Friday, except legal holidays.

The TSCA NCIC is located in the

Northeast Mall Basement Rm. B–607,

401 M St. SW., Washington, DC.

IV. Regulatory Assessment

Requirements

EPA is revoking the requirements of

the rule. Any costs or burdens

associated with the rule will also be

eliminated when the rule is revoked.

Therefore, EPA finds that no costs or

burdens must be assessed 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: June 18, 1996.

Charles M. Auer,

Director, Chemical Control Division, Office

of Pollution Prevention and Toxics.

Therefore, 40 CFR part 721 is

amended to read as follows:

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).

§ 721.3254 [Removed]

2. By removing § 721.3254.

[FR Doc. 96–16336 Filed 6–26–96; 8:45 am]

BILLING CODE 6560–50–F

40 CFR Part 799

[OPPT–42030K; FRL–5363–2]

Withdrawal of Final Test Rule for

Mesityl Oxide

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: EPA is withdrawing the final

test rule for mesityl oxide (MO; CAS No.

141–79–7). EPA has determined that,

since testing of MO has been completed

according to the terms of an enforceable

consent agreement, testing required

under the test rule would be duplicative

and therefore, the test rule is no longer

needed.

EFFECTIVE DATE: This final rule shall take

effect on June 27, 1996.

FOR FURTHER INFORMATION CONTACT:

Susan B. Hazen, Director,

Environmental Assistance Division

(7408), Office of Pollution Prevention

and Toxics, U.S. Environmental

Protection Agency, 401 M St., SW.,

Washington, DC 20460; telephone: (202)

554–1404, TDD: (202) 554–0551.

Internet address: TSCAHotline@epamail.epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background and Basis for this Action

In response to the Toxic Substances

Control Act Interagency Testing

Committee’s designation of mesityl

oxide (MO; CAS No. 141-79-7) as a

priority chemical in its Fourth Report

(44 FR 13866, June 1, 1979), EPA issued

a two-phase final test rule (50 FR 51857,

December 20, 1985 and 52 FR 19088,

May 20, 1987), under section 4 of the

Toxic Substances Control Act (TSCA)

requiring certain health effects testing to

be conducted on MO. This test rule

appears at 40 CFR 799.2500. Several

manufacturers of MO obtained judicial

review of the rule.

On August 19, 1987, the U.S. Court of

Appeals for the Fifth Circuit remanded

the rule to EPA for reconsideration in

light of additional, post-promulgation

developments (Shell Chemical Co. v.

EPA, 826 F.2d 295 (5th Cir. 1987)). The

Court stayed the test rule pending EPA’s

reconsideration on remand. In August

1991, EPA entered into an enforceable

consent agreement (ECA) with four

manufacturers of MO that required

those manufacturers to perform certain

health effects tests on MO. A notice was

published in the Federal Register of

September 5, 1991 (56 FR 43878)

announcing the conclusion of the ECA

and describing the testing required by

the consent agreement. The current

notice references previous Federal

Register notices (56 FR 43878,

September 5, 1991; 52 FR 19088, May

20, 1987; and 50 FR 51857, December

20, 1985), that describe the known

health effects of MO and the uses and

exposures associated with this chemical

substance.

The ECA contains a three-test battery

that screens MO for mutagenic,

subchronic, developmental and

reproductive effects. The protocols used

to conduct testing under the ECA are

modeled on the generic protocols

developed by the Organization for

Economic Cooperation and

Development (OECD) for the Screening

Information Data Set (SIDS) testing

program. The OECD SIDS program is an

international cooperative program for

identifying and developing the test data

needed to screen and set priorities for

chemical substances and mixtures

having a high production volume (HPV)

worldwide. The SIDS/HPV list includes

chemicals, such as MO, for which few

health or environmental effects test data

are available.

Testing of MO under these protocols

has been completed. The test results are

currently being reviewed by the Risk

Management Program within EPA’s

Office of Pollution Prevention and

Toxics, and by the OECD.

Concurrently with the publication of

the notice of the ECA, EPA proposed a

revocation of the mesityl oxide final test

rule (56 FR 43897, September 5, 1991)

since the needed testing would be

carried out under the ECA. No

comments were received in response to

this proposal. Since the needed testing

has been completed in accordance with

the terms of the ECA, by this action,

EPA is withdrawing the final test rule

for MO, by removing the rule from the

Code of Federal Regulations (40 CFR

799.2500).