33376 Federal Register / Vol. 61, No. 125 / Thursday, June 27, 1996 / Rules and Regulations

II. Rulemaking Record

EPA has established a record for this

rulemaking under docket number

OPPTS–42030K. This record contains

the basic information that EPA

considered in developing this final rule,

and includes the following:

(1) Testing consent order for mesityl

oxide with incorporated enforceable

consent agreement and associated

testing protocols attached as

appendices.

(2) Federal Register notices pertaining

to this final rule and the testing consent

order and enforceable consent

agreement consisting of:

(a) Fourth Report of the TSCA

Interagency Testing Committee (44 FR

31866, June 1, 1979).

(b) First-phase final test rule for

mesityl oxide (establishing testing

requirements) ( 50 FR 51857, December

20, 1985).

(c) Second-phase final test rule for

mesityl oxide (establishing test

standards and reporting requirements) (

52 FR 19088, May 20, 1987).

(d) Notice of enforceable consent

agreement for mesityl oxide (56 FR

43878, September 5, 1991).

(e) Proposed rule to withdraw mesityl

oxide final test rule (56 FR 43897,

September 5, 1991).

A public version of this record which

does not include any information

claimed as confidential business

information (CBI) is available for public

inspection from Noon to 4 p.m.,

Monday through Friday, excluding legal

holidays. The public record is located in

the TSCA Nonconfidential Information

Center, Rm. NE B–607, USEPA, 401 M

St., SW., Washington, DC 20460.

III. Economic Analysis

Withdrawal of the MO test rule and

the consequent elimination of the

testing requirements contained in the

rule will reduce testing costs. Therefore,

this action should not cause adverse

economic impact.

IV. Regulatory Assessment

Requirements

A. Executive Order 12866

Under Executive Order 12866 (58 FR

51735, October 4, 1993), the Agency

must determine whether a regulatory

action is ‘‘significant’’ and therefore

subject to review by the Office of

Management and Budget (OMB) and

subject to the requirements of the

Executive Order. Section 3(f) of the

Order defines a ‘‘significant regulatory

action’’ as an action that is likely to

result in 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 or safety, or

State, local, or tribal governments or

communities (also referred to as

‘‘economically significant’’); (2) creating

a serious inconsistency or otherwise

interfering with an action taken or

planned by another agency; (3)

materially altering the budgetary

impacts of entitlements, grants, user

fees, or loan programs or the rights and

obligations of recipients thereof; or (4)

raising novel legal or policy issues

arising out of legal mandates, the

President’s priorities or the principles

set forth in the 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. 601 et seq.), I certify that this

test rule will not have a significant

impact on a substantial number of small

businesses because the action will

relieve the regulatory obligation to

conduct chemical testing.

C. Unfunded Mandates Reform Act

Title II of the Unfunded Mandates

Reform Act of 1995 (UMRA), Pub. L.

104–4, establishes requirements for

Federal agencies to assess the effects of

their regulatory actions on State, local,

and tribal governments and the private

sector. Under section 202 of the UMRA,

EPA generally must prepare a written

statement, including a cost-benefit

analysis, for proposed and final rules

with ‘‘Federal mandates’’ that may

result in expenditures to State, local and

tribal governments, in the aggregate, or

to the private sector, of $100 million or

more in any 1 year. Before promulgating

an EPA rule for which a written

statement is needed, section 205 of the

UMRA generally requires EPA to

identify and consider a reasonable

number of regulatory alternatives and to

adopt the least costly, most costeffective or least burdensome alternative

that achieves the objectives of the rule.

The provisions of section 205 do not

apply when they are inconsistent with

applicable law. Moreover, section 205

allows EPA to adopt an alternative other

than the least costly, most cost-effective

or least burdensome alternative if the

Administrator publishes with the final

rule an explanation why that alternative

was not adopted. Before EPA establishes

any regulatory requirements that may

significantly or uniquely affect small

governments, including tribal

governments, it must have developed

under section 203 of the UMRA a small

government agency plan. The plan must

provide for notifying potentially

affected small governments, enabling

officials of affected small governments

to have meaningful and timely input in

the development of EPA regulatory

proposals with significant Federal

intergovernmental mandates, and

informing, educating and advising small

governments on compliance with the

regulatory requirements.

Today’s rule contains no Federal

mandates (under the regulatory

provisions of Title II of the UMRA) for

State, local, or tribal governments or the

private sector. This rule reduces

enforceable duties on the private sector

by withdrawing a rule that requires

chemical testing.

D. Paperwork Reduction Act

OMB has approved the information

collection requirements contained in the

final test rule under the provisions of

the Paperwork Reduction Act of 1980,

44 U.S.C. 3501 et seq., and has assigned

OMB Control Number 2070–0033 (EPA

ICR No. 1139). This rule reduces the

public reporting burden associated with

the testing requirements under the final

test rule. A complete discussion of the

reporting burden is contained at 50 FR

51857, December 20, 1985.

List of Subjects in 40 CFR Part 799

Chemicals, Chemical export,

Environmental protection, Hazardous

substances, Health effects, Laboratories,

Reporting and recordkeeping

requirements, Testing.

Dated: June 20, 1996.

Susan H. Wayland,

Acting 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.

§ 799.2500 [Removed]

2. By removing § 799.2500.

[FR Doc. 96–16332 Filed 6–26–96; 8:45 am]

BILLING CODE 6560–50–F
Federal Register / Vol. 61, No. 125 / Thursday, June 27, 1996 / Rules and Regulations 33377

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[MM Docket No. 95–121; RM–8660]

Radio Broadcasting Services; Dearing,

KS

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: The Commission, at the

request of William Bruce Wachter, allots

Channel 251A to Dearing, Kansas, as the

community’s first local aural

transmission service. See 60 FR 38785,

July 28, 1995. Channel 251A can be

allotted to Dearing in compliance with

the Commission’s minimum distance

separation requirements without the

imposition of a site restriction. The

coordinates for Channel 251A at Dearing

are 37–03–31 and 95–42–47. With this

action, this proceeding is terminated.

DATES: Effective August 3, 1996. The

window period for filing applications

will open on August 3, 1996, and close

on September 3, 1996.

FOR FURTHER INFORMATION CONTACT: Pam

Blumenthal, Mass Media Bureau, (202)

418–2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Report

and Order, MM Docket No. 95–121,

adopted May 9, 1996, and released June

19, 1996. The full text of this

Commission decision is available for

inspection and copying during normal

business hours in the FCC Reference

Center (Room 239), 1919 M Street, NW.,

Washington, DC. The complete text of

this decision may also be purchased

from the Commission’s copy contractor,

ITS, Inc., (202) 857–3800, 2100 M

Street, NW., Suite 140, Washington, DC

20037.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

Part 73 of title 47 of the Code of

Federal Regulations is amended as

follows:

PART 73—[AMENDED]

1. The authority citation for part 73

continues to read as follows:

Authority: Secs. 303, 48 Stat., as amended,

1082; 47 U.S.C. 154, as amended.

§ 73.202 [Amended]

2. Section 73.202(b), the Table of FM

Allotments under Kansas, is amended

by adding Dearing Channel 251A.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 96–16345 Filed 6–26–96; 8:45 am]

BILLING CODE 6712–01–F

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Parts 217 and 227

[Docket No.950427119–6179–07; I.D.

061496A]

RIN 0648–AH98

Sea Turtle Conservation; Restrictions

Applicable to Shrimp Trawling

Activities; Additional Turtle Excluder

Device Requirements Within Certain

Fishery Statistical Zones

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Temporary additional

restrictions on fishing by shrimp

trawlers in the nearshore waters off

Georgia to protect sea turtles; request for

comments.

SUMMARY: NMFS is imposing, for a 30-

day period, additional restrictions on

shrimp trawlers fishing in the Atlantic

Area in inshore waters and offshore

waters out to 10 nautical miles

(nm)(18.5 km) from the COLREGS line,

between the Georgia-Florida border and

the Georgia-South Carolina border. This

area includes inshore and nearshore

waters in NMFS fishery statistical Zone

31, a small part of the southern portion

of statistical Zone 32, and

approximately 18 miles (29.0 km) of the

northern portion of statistical Zone 30.

The restrictions include prohibitions

on the use of soft turtle excluder devices

(TEDs) and try nets with a headrope

length greater than 12 ft (3.6 m) or a

footrope length greater than 15 ft (4.5

m), unless the try nets are equipped

with approved TEDs other than soft

TEDs. This action is necessary to ensure

protection for sea turtles and to prevent

the continuation of high levels of

mortality and strandings of threatened

and endangered sea turtles.

DATES: This action is effective June 24,

1996 through 11:59 p.m. (local time)

July 24, 1996.

Comments on this action must be

submitted by July 24, 1996.

ADDRESSES: Comments on this action

and requests for a copy of the

environmental assessment (EA) or

biological opinion (BO) prepared for

this action should be addressed to the

Chief, Endangered Species Division,

Office of Protected Resources, NMFS,

1315 East-West Highway, Silver Spring,

MD 20910.

FOR FURTHER INFORMATION CONTACT:

Charles A. Oravetz, 813–570–5312, or

Therese A. Conant, 301–713–1401.

SUPPLEMENTARY INFORMATION:

Background

All sea turtles that occur in U.S.

waters are listed as either endangered or

threatened under the Endangered

Species Act of 1973 (ESA). The Kemp’s

ridley (Lepidochelys kempii),

leatherback (Dermochelys coriacea), and

hawksbill (Eretmochelys imbricata) are

listed as endangered. Loggerhead

(Caretta caretta) and green (Chelonia

mydas) turtles are listed as threatened,

except for breeding populations of green

turtles in Florida and on the Pacific

coast of Mexico, which are listed as

endangered.

The incidental take and mortality of

sea turtles as a result of shrimp trawling

activities have been documented in the

Gulf of Mexico and along the Atlantic

seaboard. Under the ESA and its

implementing regulations, taking sea

turtles is prohibited, with exceptions set

forth at 50 CFR 227.72. The incidental

taking of turtles during shrimp trawling

in the Gulf and Atlantic Areas (as

defined in 50 CFR 217.12) is excepted

from the taking prohibition, if the sea

turtle conservation measures specified

in the sea turtle conservation

regulations (50 CFR part 227, subpart D)

are employed. The regulations require

most shrimp trawlers operating in the

Gulf and Atlantic Areas to have a

NMFS-approved TED installed in each

net rigged for fishing, year round.

The conservation regulations provide

a mechanism to implement further

restrictions of fishing activities, if

necessary to avoid unauthorized takings

of sea turtles that may be likely to

jeopardize the continued existence of

listed species or that would violate the

terms and conditions of an incidental

take statement (ITS) or incidental take

permit. Upon a determination that

incidental takings of sea turtles during

fishing activities are not authorized,

additional restrictions may be imposed

to conserve listed species and to avoid

unauthorized takings. Restrictions may

be effective for a period of up to 30 days

and may be renewed for additional

periods of up to 30 days each (50 CFR

227.72(e)(6)).

Under NMFS’ regulatory authority to

implement further restrictions to fishing

activities in order to prevent