Withdrawal of Certain Chemical Substances from Preliminary Assessment Information Reporting and Health and Safety Data Reporting Rules, 57439-57447 [E6-15959]
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Federal Register / Vol. 71, No. 189 / Friday, September 29, 2006 / Rules and Regulations
sroberts on PROD1PC70 with RULES
by State and local officials in the
development of regulatory policies that
have federalism 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 final rule
directly regulates growers, food
processors, food handlers and food
retailers, not States. This action does not
alter the relationships or distribution of
power and responsibilities established
by Congress in the preemption
provisions of section 408(n)(4) of the
FFDCA. For these same reasons, 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.’’ ‘‘Policies that have tribal
implications’’ is defined in the
Executive order to include regulations
that have ‘‘substantial direct effects on
one or more Indian tribes, on the
relationship between the Federal
Government and the Indian tribes, or on
the distribution of power and
responsibilities between the Federal
Government and Indian tribes.’’ This
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.
XII. 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 to 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 this rule in
the Federal Register. This rule is not a
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‘‘major rule’’ as defined by 5 U.S.C.
804(2).
List of Subjects in 40 CFR Part 180
Environmental protection,
Administrative practice and procedure,
Agricultural commodities, Pesticides
and pests, Reporting and recordkeeping
requirements.
Dated: September 25, 2006.
Lois Rossi,
Director, Registration Division, Office of
Pesticide Programs.
Therefore, 40 CFR chapter I is
amended as follows:
I
PART 180—[AMENDED]
1. The authority citation for part 180
continues to read as follows:
I
Authority: 21 U.S.C. 321(q), 346a and 371.
2. In § 180.960 the table is amended
by adding the following entry,
alphabetically, under ‘‘polymers’’ to
read as follows:
I
§ 180.960 Polymers; exemptions from the
requirement of a tolerance.
Polymer
CAS No.
*
*
*
*
Soybean oil,
61791–23–9
ethoxylated; the
poly(oxyethylene)
content averages
10 moles or greater.
*
*
*
*
*
*
[FR Doc. 06–8384 Filed 9–28–06; 8:45 am]
BILLING CODE 6560–50–S
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 712 and 716
[EPA–HQ–OPPT–2005–0014 and EPA–HQ–
OPPT–2005–0055; FRL–8096–5]
RIN 2070–AB08 and 2070–AB11
Withdrawal of Certain Chemical
Substances from Preliminary
Assessment Information Reporting
and Health and Safety Data Reporting
Rules
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
SUMMARY: This final rule, issued
pursuant to sections 8(a) and 8(d) of the
Toxic Substances Control Act (TSCA),
withdraws certain chemical substances
from the category of voluntary High
Production Volume (HPV) Challenge
Program orphan (unsponsored)
chemical substances that would be
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57439
subject to reporting requirements under
TSCA section 8(a) and 8(d). On August
16, 2006, EPA published two final rules
both effective September 15, 2006, with
certain exceptions: A Preliminary
Assessment Information Reporting
(PAIR) rule under TSCA section 8(a) (40
CFR part 712), which requires
manufacturers (including importers) of
chemical substances in the category of
voluntary HPV Challenge Program
orphan (unsponsored) chemical
substances on the Interagency Testing
Committee’s (ITC) TSCA section 4(e)
Priority Testing List to submit a onetime report on general production/
importation volume, end use, and
exposure-related information to EPA,
and a Health and Safety Data Reporting
rule under TSCA section 8(d) (40 CFR
part 716), which requires manufacturers
(including importers) of chemical
substances in this category of HPV
Challenge Program orphan
(unsponsored) chemical substances to
submit certain unpublished health and
safety data to EPA. On September 15,
2006, EPA published a final rule that
delayed the effective date of the rules
published August 16, 2006, until
September 29, 2006. The chemical
substances listed in this final rule are
being withdrawn from 40 CFR parts 712
and 716 for good cause as specified in
40 CFR 712.30(c) and 40 CFR 716.105(c)
and, consequently, these listed chemical
substances will not be subject to the
reporting requirements imposed by the
TSCA section 8(a) and 8(d) rules
published on August 16, 2006.
DATES: This final rule is effective
September 29, 2006.
ADDRESSES: EPA has established a
docket for this action under docket
identification (ID) numbers EPA–HQ–
OPPT–2005–0014 and EPA–HQ–OPPT–
2005–0055. All documents in the
dockets are listed on the regulations.gov
website. Although listed in the index,
some information is not publicly
available, e.g., Confidential Business
Information (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. The
EPA Docket Center (EPA/DC) suffered
structural damage due to flooding in
June 2006. Although the EPA/DC is
continuing operations, there will be
temporary changes to the EPA/DC
during the clean-up. The EPA/DC Public
Reading Room, which was temporarily
closed due to flooding, has been
relocated in the EPA Headquarters
Library, Infoterra Room (Room Number
3334) in EPA West, located at 1301
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Constitution Ave., NW., Washington,
DC. The EPA/DC Public Reading Room
is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal
holidays. The telephone number for the
EPA/DC Public Reading Room is (202)
566–1744, and the telephone number for
the OPPT Docket is (202) 566–0280.
EPA visitors are required to show
photographic identification and sign the
EPA visitor log. Visitors to the EPA/DC
Public Reading Room will be provided
with an EPA/DC badge that must be
visible at all times while in the EPA
Building and returned to the guard upon
departure. In addition, security
personnel will escort visitors to and
from the new EPA/DC Public Reading
Room location. Up-to-date information
about the EPA/DC is on the EPA website
at https://www.epa.gov/epahome/
dockets.htm.
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: Joe
Nash, Chemical Control Division
(7405M), Office of Pollution Prevention
and Toxics, Environmental Protection
Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460–0001; telephone
number: (202) 564–8886; fax number:
(202) 564–4765; e-mail address:
ccd.citb@epa.gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
I. General Information
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A. Does this Action Apply to Me?
You may be potentially affected by
this action if you manufacture (defined
by statute to include import) any of the
chemical substances listed in this rule.
Entities potentially affected by this
action may include, but are not limited
to:
• Chemical manufacturers (including
importers), (NAICS codes 325, 32411),
e.g., persons who manufacture (defined
by statute to include import) one or
more of the subject chemical substances.
This listing is not intended to be
exhaustive, but rather provides a guide
for readers regarding entities likely to be
affected by this action. 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. If you have any
questions regarding the applicability of
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this action to a particular entity, consult
the technical person listed under FOR
FURTHER INFORMATION CONTACT.
B. How Can I Access Electronic Copies
of this Document?
In addition to accessing an electronic
copy of this Federal Register document
through the electronic docket at https://
www.regulations.gov, you may access
this ‘‘Federal Register’’ document
electronically through the EPA Internet
under the ‘‘Federal Register’’ listings at
https://www.epa.gov/fedrgstr. Frequently
updated electronic versions of 40 CFR
parts 712 and 716 are available through
the Government Printing Office’s pilot
e-CFR site at https://www.gpoaccess.gov/
ecfr.
II. Background
A. What Action is the Agency Taking?
EPA is withdrawing certain chemical
substances that would be subject to the
reporting requirements under TSCA
section 8(a) and 8(d). On August 16,
2006, EPA published a final PAIR rule
under TSCA section 8(a) (40 CFR part
712), which requires manufacturers
(including importers) of chemical
substances in the category of voluntary
HPV Challenge Program orphan
(unsponsored) chemical substances on
the ITC’s TSCA section 4(e) Priority
Testing List to submit a one-time report
on general production/importation
volume, end use, and exposure-related
information to EPA (71 FR 47122) (FRL–
7764–9). Also on August 16, 2006, EPA
published a final Health and Safety Data
Reporting rule under TSCA section 8(d)
(40 CFR part 716), which requires
manufacturers (including importers) of
chemical substances in this category of
voluntary HPV Challenge Program
orphan (unsponsored) chemical
substances to submit certain
unpublished health and safety data to
EPA (71 FR 47130) (FRL–7764–7). On
September 15, 2006, EPA published a
final rule that revised the effective date
of the two rules published on August
16, 2006 (71 FR 54434) (FRL–8094–8).
The effect of this withdrawal is that the
listed chemical substances will not be
subject to the reporting requirements
imposed by the final TSCA section 8(a)
and 8(d) rules published on August 16,
2006, and the rule published on
September 15, 2006, that changed the
effective date for these two rules.
B. What is the Agency’s Authority for
Taking This Action?
EPA promulgated the PAIR rule under
TSCA section 8(a) (15 U.S.C. 2607(a)),
and it is codified at 40 CFR part 712.
EPA uses this model TSCA section 8(a)
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rule to quickly gather current
information on chemical substances.
This model TSCA section 8(a) rule
establishes standard reporting
requirements for certain manufacturers
(including importers) of the chemical
substances listed in the rule at 40 CFR
712.30. This model rule provides for the
addition of TSCA section 4(e) ITCrecommended/designated Priority
Testing List chemical substances to the
list of chemical substances subject to
reporting under 40 CFR part 712. EPA
amends, unless otherwise instructed by
the ITC, the model TSCA section 8(a)
rule by adding the ITC-recommended
(or designated) chemical substances.
The final rule published by EPA on
August 16, 2006, amended the model
TSCA section 8(a) rule by adding the
ITC category of certain voluntary HPV
Challenge Program orphan
(unsponsored) chemical substances (Ref.
1).
Under 40 CFR part 712.30(c), the
Agency may withdraw, for good cause,
a listed substance, mixture, or category
from the rule’s reporting requirements
prior to the effective date of the rule.
Any information submitted showing
why a substance, mixture, or category
should be removed from the rule must
be received by EPA within 14 days after
the date of publication of the rule. If a
substance, mixture, or category is
removed, a Federal Register document
announcing this decision will be
published no later than the effective
date of the amendment. This Federal
Register document announces EPA’s
decision to withdraw certain chemical
substances from 40 CFR part 712 that
were added by the Agency on August
16, 2006 (Ref. 1).
EPA promulgated the model Health
and Safety Data Reporting rule under
TSCA section 8(d) (15 U.S.C. 2607(d)),
and it is codified at 40 CFR part 716.
EPA uses this TSCA section 8(d) model
rule to quickly gather current
information on chemical substances.
The TSCA section 8(d) model rule
requires past, current, and prospective
manufacturers, importers, and (if
specified by EPA in a particular notice
or rule under TSCA section 8(d))
processors of listed chemical substances
to submit to EPA copies and lists of
unpublished health and safety studies
on the listed chemical substances that
they manufacture, import, or (if
specified by EPA in a particular notice
or rule under TSCA section 8(d))
process. This model rule provides for
the addition of TSCA section 4(e) ITCrecommended/designated Priority
Testing List chemical substances to the
list of chemical substances subject to
reporting under 40 CFR part 716. EPA
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amends, unless otherwise instructed by
the ITC, the model TSCA section 8(d)
rule by adding the ITC-recommended
(or designated) chemical substances.
The final rule published by EPA on
August 16, 2006, amended the model
TSCA section 8(d) rule by adding the
ITC category of certain voluntary HPV
Challenge Program orphan
(unsponsored) chemical substances (Ref.
2).
Under 40 CFR 716.105(c), the Agency
may withdraw, for good cause, a listed
substance, mixture, or category from the
rule’s reporting requirements prior to
the effective date of the rule. Any
information submitted showing why a
chemical substance, mixture, or
category of chemical substances should
be withdrawn from the amendment
must be received by EPA within 14 days
after the date of publication of the rule.
If a chemical substance, mixture, or
category of chemical substances is
withdrawn, a Federal Register
document announcing this decision will
be published no later than the effective
date of the amendment. This Federal
Register document announces EPA’s
decision to withdraw certain chemical
substances from 40 CFR part 716 that
were added by the Agency on August
16, 2006 (Ref. 2).
These withdrawal actions do not
preclude potential future listing under
the TSCA section 8(a) PAIR rule or the
TSCA section 8(d) Health and Safety
Data Reporting rule should the
information be reasonably required.
C. Why is this Action Being Issued as a
Final Rule?
EPA is publishing this action as a
final rule without prior notice and an
opportunity for comment pursuant to
the procedures set forth in 40 CFR
712.30(c) and 716.105(c). EPA finds that
there is good cause under the
Administrative Procedure Act (APA) (5
U.S.C. 553(b)(3)(B)) to make these
amendments without prior notice and
comment. EPA believes notice and an
opportunity for comment on this action
are unnecessary.
TSCA directs the ITC to add chemical
substances to the Priority Testing List for
which EPA should give priority
consideration. Pursuant to 40 CFR
716.105(b) and (c), once the ITC adds a
chemical substance to the Priority
Testing List, EPA in turn is obliged to
add that chemical substance to the list
of chemical substances subject to the
Health and Safety Data Reporting rule
reporting requirements, unless
requested not to do so by the ITC. EPA
also has the discretion, under 40 CFR
716.105(c), to withdraw a listed
substance, mixture, or category from the
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list of subject chemical substances based
on information submitted to EPA that
shows why a chemical substance should
be removed from the rule. EPA
promulgated this procedure in 1985
after having solicited public comment
on the need for and mechanics of this
procedure. (See the Federal Register of
August 28, 1985 (50 FR 34809)).
Because that document established the
procedure for adding and withdrawing
ITC chemical substances to the Health
and Safety Data Reporting rule, it is
unnecessary to request comment on the
procedure in this action. EPA believes
this action does not raise any relevant
issues for comment. EPA is not
changing the Health and Safety Data
Reporting rule reporting requirements or
the process set forth in 40 CFR
716.105(b) and (c). This action is also
consistent with the EPA policy
articulated in the August 16, 2006 rule
that sponsorship of a chemical
substance under the voluntary HPV
Challenge Program is generally good
cause for withdrawing a chemical
substance from the Health and Safety
Data Reporting rule.
Similarly, pursuant to 40 CFR
712.30(c), once the ITC adds a chemical
substance to the Priority Testing List,
EPA in turn is obliged to add that
chemical substance to the list of
chemical substances subject to PAIR
reporting requirements, unless
requested not to do so by the ITC. EPA
also has the discretion, under 40 CFR
716.30(c), to withdraw a listed
substance, mixture, or category from the
list of subject chemical substances based
on information submitted to EPA that
shows why a chemical substance should
be removed from the rule. EPA
promulgated this procedure in 1985
after having solicited public comment
on the need for and mechanics of this
procedure. (See the Federal Register of
August 28, 1985 (50 FR 34805)).
Because that rulemaking established the
procedure for adding and withdrawing
ITC chemical substances to the PAIR
rule, it is unnecessary to request
comment on the procedure in this
action. EPA believes this action does not
raise any relevant issues for comment.
EPA is not changing the PAIR rule
reporting requirements or the process
set forth in 40 CFR 712.30(c). This
action is also consistent with the EPA
policy articulated in the August 16,
2006 rule that sponsorship of a chemical
substance under the voluntary HPV
Challenge Program is generally good
cause for withdrawing a chemical
substance from the PAIR rule.
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57441
III. Final Rule
A. Why are These Chemical Substances
Being Withdrawn?
Pursuant to TSCA section 8(a), EPA
published a PAIR final rule on August
16, 2006 (Ref. 1), which requires
manufacturers (including importers) of
chemical substances in the category (as
defined by the 55th, 56th, and 58th ITC
Reports (Refs. 3, 4, and 5)) of voluntary
HPV Challenge Program orphan
(unsponsored) chemical substances on
the ITCs TSCA section 4(e) Priority
Testing List to submit a report to EPA
on general production/importation
volume, end use, and exposure-related
information to EPA.
Also on August 16, 2006, EPA
published, pursuant to TSCA section
8(d), a Health and Safety Data Reporting
final rule (Ref. 2), which requires
manufacturers (including importers) of
chemical substances in the category (as
defined by the 55th, 56th, and 58th ITC
Reports (Refs. 3, 4, and 5)) of voluntary
HPV Challenge Program orphan
(unsponsored) chemical substances on
the ITC’s TSCA section 4(e) Priority
Testing List to submit certain
unpublished health and safety data to
EPA.
As stated in these two rules that
added the voluntary HPV Challenge
Program orphan (unsponsored)
chemical substances category to 40 CFR
parts 712 and 716 (Refs. 1 and 2), EPA
has established a policy regarding
acceptance of new commitments to
sponsor chemical substances under the
voluntary HPV Challenge Program (Ref.
6). Under this policy, EPA stated that it
would accept new commitments to
sponsor chemical substances under the
voluntary HPV Challenge Program for
any of the voluntary HPV Challenge
Program orphan (unsponsored)
chemical substances listed in the
regulatory texts of the TSCA section 8(a)
PAIR rule (Ref. 1) and the TSCA section
8(d) Health and Safety Data Reporting
rule (Ref. 2) provided that these new
commitments to the voluntary HPV
Challenge Program were received by
EPA within 14 days after the date of
publication of these two rules in the
Federal Register. EPA generally believes
that a timely commitment to sponsor
chemical substances under the
voluntary HPV Challenge Program
establishes good cause for withdrawing
a chemical substance from the TSCA
section 8(a) PAIR rule (Ref. 1) and TSCA
section 8(d) Health and Safety Data
Reporting rule (Ref. 2). EPA also stated
in the August 16, 2006 rules that it
would remove chemical substances
from the TSCA section 8(a) PAIR rule
(Ref. 1) and the TSCA section 8(d)
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Health and Safety Data Reporting rule
(Ref. 2), in accordance with the
procedures described in 40 CFR
712.30(c) and 40 CFR 716.105(c), if
withdrawal requests submitted to EPA
in conjunction with these new
commitments to the voluntary HPV
Challenge Program were received on or
before 14 days after date of publication
of the two rules in the Federal Register.
For 22 of the chemical substances
listed in this document, EPA received
commitments to the voluntary HPV
Challenge Program prior to or within 14
days after the date of publication of the
TSCA section 8(a) PAIR rule (Ref. 1) and
the TSCA section 8(d) Health and Safety
Data Reporting rule (Ref. 2) in the
Federal Register. These commitments to
the voluntary HPV Challenge Program
are accepted and, based on EPA’s
commitment policy (Ref. 6), EPA is
removing these chemical substances
from the TSCA section 8(a) PAIR rule
(Ref. 1) and from the TSCA section 8(d)
Health and Safety Data Reporting rule
(Ref. 2).
In addition, EPA is removing four
chemical substances from the TSCA
section 8(a) PAIR rule (Ref. 1) and from
the TSCA secton 8(d) Health and Safety
Data Reporting rule (Ref. 2) because of
commitments made to sponsor chemical
substances under the OECD HPV
Screening Information Data Set (SIDS)
Program and/or the ICCA HPV
Initiative. The OECD SIDS program and
CAS No.
from the TSCA section 8(a) PAIR rule
(Ref. 1) and TSCA section 8(d) Health
and Safety Data Reporting rule (Ref. 2).
Because this determination was based
on data obtained under the IUR, EPA
does not believe comment is necessary
on whether these chemical substances
meet the volume threshold for HPV
status.
EPA has also determined that good
cause does not exist to remove several
other chemical substances that were the
subject of withdrawal requests. The
rationales for these determinations are
in the docket for this action.
The net result of these removals is
that 210 chemical substances remain
subject to the reporting requirements
imposed by the TSCA section 8(a) and
8(d) rules published on August 16,
2006.
the ICCA HPV Initiative are
complementary programs to the HPV
Challenge, and EPA believes its policy
regarding commitments to sponsor
chemical substances under the HPV
Challenge should also generally apply to
the OECD SIDS program and ICCA HPV
Initiative. Thus, EPA believes that a
commitment to sponsor chemical
substances under the OECD SIDS
Program or the ICCA HPV Initiative
generally establishes good cause for
withdrawing a chemical substance from
the TSCA section 8(a) PAIR rule (Ref. 1)
and TSCA section 8(d) Health and
Safety Data Reporting rule (Ref. 2).
EPA is also removing seven chemical
substances from the TSCA section 8(a)
PAIR rule (Ref. 1) and from the TSCA
section 8(d) Health and Safety Data
Reporting rule (Ref. 2) because EPA has
received written requests for removal of
these chemical substances from the
voluntary HPV Challenge Program on
the basis that the chemical substances
are ‘‘no longer’’ HPV. EPA has
determined that the substantiation
provided in these written requests,
which was based on reporting under
EPA’s Inventory Update Rule (IUR), is
consistent with EPA’s guidance for
removing chemical substances that are
no longer HPV (Ref. 9) and,
consequently, EPA believes that this
determination establishes good cause for
withdrawing these chemical substances
Substance
B. What Chemical Substances are Being
Withdrawn and the Rationale for
Withdrawal?
Under EPA’s authority, 15 U.S.C.
2607(a), the chemical substances in the
table in this unit are being removed
from the table in 40 CFR 712.30(e) of the
TSCA section 8(a) PAIR rule published
in the Federal Register of August 16,
2006 (Ref. 1), and the table in 40 CFR
716.120(d) of the TSCA section 8(d)
Health and Safety Data Reporting rule
published in the Federal Register of
August 16, 2006 (Ref. 2).
Rationale for withdrawal
CFR citation
Reference
Methane, bromochloro–
HPV Challenge Program Sponsorship
a
40 CFR 712.30(e)
40 CFR 716.120(d)
Ref. 10
75–46–7
Methane, trifluoro-
HPV Challenge Program Sponsorship
a
40 CFR 712.30(e)
40 CFR 716.120(d)
Ref. 11
77–86–1
1,3-Propanediol,
(hydroxymethyl)-
HPV Challenge Program Sponsorship
a
40 CFR 712.30(e)
40 CFR 716.120(d)
Ref. 12
99–51–4
Benzene, 1,2-dimethyl-4-nitro-
HPV Challenge Program Sponsorship
a
40 CFR 712.30(e)
40 CFR 716.120(d)
Ref. 13
100–64–1
Cyclohexanone, oxime
HPV Challenge Program Sponsorship
a
40 CFR 712.30(e)
40 CFR 716.120(d)
Ref. 14
107–45–9
2-Pentanamine, 2,4,4-trimethyl-
HPV Challenge Program Sponsorship
a
40 CFR 712.30(e)
40 CFR 716.120(d)
Ref. 15
579–66–8
Benzenamine, 2,6-diethyl-
HPV Challenge Program Sponsorship
a
40 CFR 712.30(e)
40 CFR 716.120(d)
Ref. 10
693–07–2
Ethane, 1-chloro-2-(ethylthio)-
No longer HPV
40 CFR 712.30(e)
40 CFR 716.120(d)
Refs. 16 and 17
1115–20–4
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74–97–5
Propanoic acid, 3-hydroxy-2,2-dimethyl-,
3-hydroxy-2,2-dimethylpropyl ester
HPV Challenge Program Sponsorship
a
40 CFR 712.30(e)
40 CFR 716.120(d)
Ref. 13
1459–93–4
1,3-Benzenedicarboxylic acid, dimethyl
ester
HPV Challenge Program Sponsorship
a
40 CFR 712.30(e)
40 CFR 716.120(d)
Ref. 18
1558–33–4
Silane, dichloro(chloromethyl)methyl-
OECD HPV SIDS Program Sponsorship
40 CFR 712.30(e)
40 CFR 716.120(d)
Ref. 19
2-amino-2-
b
c
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CAS No.
Substance
Rationale for withdrawal
CFR citation
Reference
3-Cyclohexene–1-carboxylic acid,
cyclohexen-1-ylmethyl ester
3-
HPV Challenge Program Sponsorship
a
40 CFR 712.30(e)
40 CFR 716.120(d)
Ref. 30
3088–31–1
Ethanol, 2-[2-(dodecyloxy)ethoxy]-, hydrogen sulfate, sodium salt
HPV Challenge Program Sponsorship
a
40 CFR 712.30(e)
40 CFR 716.120(d)
Ref. 20
3710–84–7
Ethanamine, N-ethyl-N-hydroxy-
HPV Challenge Program Sponsorship
a
40 CFR 712.30(e)
40 CFR 716.120(d)
Ref. 21
6863–58–7
Butane, 2,2-oxybis-
HPV Challenge Program Sponsorship
a
40 CFR 712.30(e)
40 CFR 716.120(d)
Ref. 22
6865–35–6
Octadecanoic acid, barium salt
HPV Challenge Program Sponsorship
a
40 CFR 712.30(e)
40 CFR 716.120(d)
Ref. 23
7320–37–8
Oxirane, tetradecyl-
HPV Challenge Program Sponsorship
a
40 CFR 712.30(e)
40 CFR 716.120(d)
Ref. 24
14666–94–5
9-Octadecenoic acid (9Z)-, cobalt salt
HPV Challenge Program Sponsorship
a
40 CFR 712.30(e)
40 CFR 716.120(d)
Ref. 22
20469–71–0
Hydrazinecarbodithioic
with hydrazine (1:1)
No longer HPV
40 CFR 712.30(e)
40 CFR 716.120(d)
Refs. 16 and 17
28777–98–2
2,5-Furandione,
(octadecenyl)-
32072–96–1
2,5-Furandione,
(hexadecenyl)dihydro-
33509–43–2
1,2,4-Triazin-5(2H)-one, 4-amino-6-(1,1dimethylethyl)-3,4-dihydro-3-thioxo-
No longer HPV
61789–32–0
Fatty acids, coco, 2-sulfoethyl esters,
sodium salts
HPV Challenge Program Sponsorship
65996–80–7
Ammonia liquor (coal)
No longer HPV
65996–81–8
Fuel gases, coke-oven
No longer HPV
66071–94–1
Corn, steep liquor
HPV Challenge Program Sponsorship
68476–80–2
Fats and glyceridic oils, vegetable, deodorizer distillates
No longer HPV
68478–20–6
Residues (petroleum), steam-cracked
petroleum distillates cyclopentadiene
conc., C4–cyclopentadiene-free
No longer HPV
68514–41–0
Ketones, C12–branched
HPV Challenge Program Sponsorship
68603–84–9
Carboxylic acids, C5–9
ICCA HPV Initiative Sponsorship
68937–70–2
Carboxylic acids, C6–18 and C8–15-di-
68937–72–4
72162–28–8
sroberts on PROD1PC70 with RULES
2611–00–9
acid,
compd.
b
dihydro-3-
HPV Challenge Program Sponsorship
a
40 CFR 712.30(e)
40 CFR 716.120(d)
Ref. 10
3-
HPV Challenge Program Sponsorship
a
40 CFR 712.30(e)
40 CFR 716.120(d)
Ref. 10
40 CFR 712.30(e)
40 CFR 716.120(d)
Refs. 16 and 17
40 CFR 712.30(e)
40 CFR 716.120(d)
Refs. 25 and 33
b
40 CFR 712.30(e)
40 CFR 716.120(d)
Refs. 26 and 32
b
40 CFR 712.30(e)
40 CFR 716.120(d)
Ref. 34
40 CFR 712.30(e)
40 CFR 716.120(d)
Ref. 13
b
40 CFR 712.30(e)
40 CFR 716.120(d)
Ref. 35
b
40 CFR 712.30(e)
40 CFR 716.120(d)
Ref. 27
40 CFR 712.30(e)
40 CFR 716.120(d)
Ref. 22
d
40 CFR 712.30(e)
40 CFR 716.120(d)
Refs. 29 and 31
ICCA HPV Initiative Sponsorship
d
40 CFR 712.30(e)
40 CFR 716.120(d)
Refs. 29 and 31
Carboxylic acids, di-, C4–11
ICCA HPV Initiative Sponsorship
d
40 CFR 712.30(e)
40 CFR 716.120(d)
Refs. 29 and 31
2–Propanone, reaction products with
phenol
HPV Challenge Program Sponsorship
40 CFR 712.30(e)
40 CFR 716.120(d)
Ref. 28
b
a
a
a
a
a HPV Challenge Program Sponsorship—EPA has accepted a new commitment letter to sponsor this chemical substance under the voluntary
HPV Challenge Program.
b No longer HPV—Recent updates to the TSCA Inventory Update Rule (IUR) reporting for the 1998 and 2002 reporting cycles indicate that this
chemical substance was produced/imported in the United States at aggregate volumes less than 1 million pounds per year or the chemical substance is exempt from IUR reporting under 40 CFR 710.50(c) and 40 CFR 720.30(g).
c OECD SIDS Program Sponsorship—The chemical substance has been sponsored under the Organization for Economic Cooperation and Developments (OECD) HPV Screening Information Data Set (SIDS) Program.
d ICCA HPV Initiative Sponsorship—The chemical substance has been sponsored under the International Council of Chemical Associations
(ICCA) HPV Initiative.
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Federal Register / Vol. 71, No. 189 / Friday, September 29, 2006 / Rules and Regulations
C. Economic Analysis
In the economic analysis conducted
for the final TSCA section 8(a) PAIR
rule, the Agency estimated the total
reporting cost to industry to be $644,000
for all 243 chemical substances, or
approximately $2,650 per chemical
substance (Ref. 7). The Agency is
estimated to incur an additional
$248,000 or $1,021 per chemical
substance to provide public support for
the TSCA section 8(a) PAIR rule and to
process the data (Ref. 7). The total cost
of the 8(a) rule, per chemical substance,
is estimated to be approximately $3,671.
This final rule will withdraw 33
chemical substances from the TSCA
section 8(a) PAIR rule. Therefore, costs
are estimated to be reduced by $121,143
(33 chemical substances x $3,671 per
chemical substance).
Furthermore, this final rule will also
remove 33 chemical substances from the
TSCA section 8(d) Health and Safety
Data Reporting rule. The economic
analysis conducted for the TSCA section
8(d) Health and Safety Data Reporting
rule estimates that the total cost to
industry is $110,000 and to the Agency
is $79,000, or $453 and $325 per
chemical substance, respectively, for a
total of $778 per chemical substance
(Ref. 8). Because this final rule will
withdraw 33 chemical substances from
the TSCA section 8(d) Health and Safety
Data Reporting rule, the costs of the
TSCA section 8(d) Health and Safety
Data Reporting rule are estimated to be
reduced by $25,674 (33 chemical
substances x $778).
Therefore, the withdrawal of 33
chemical substances from the TSCA
section 8(a) and TSCA section 8(d) rules
is estimated to result in a total reduction
in costs of $146,817.
sroberts on PROD1PC70 with RULES
IV. References
The dockets for this rule are the
dockets established for the TSCA
section 8(a) PAIR rule (docket ID
number EPA–HQ–OPPT–2005–0014)
(Ref. 1) and the TSCA section 8(d)
Health and Safety Data Reporting rule
(docket ID number EPA–HQ–OPPT–
2005–0055) (Ref. 2). These dockets are
available for review as specified in
ADDRESSES. The following is a listing of
the materials referenced in this
document that have been placed in the
dockets:
1. EPA. 2006. Preliminary Assessment
Information Reporting; Addition of
Certain Chemicals. Federal Register (71
FR 47122, August 16, 2006) (FRL–7764–
9). Available on-line at: https://
www.epa.gov/fedrgstr.
2. EPA. 2006. Health and Safety Data
Reporting; Addition of Certain
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Chemicals. Federal Register (71 FR
47130, August 16, 2006) (FRL–7764–7).
Available on-line at: https://
www.epa.gov/fedrgstr.
3. ITC. 2005. Fifty-Fifth Report of the
TSCA Interagency Testing Committee to
the Administrator of the Environmental
Protection Agency. Federal Register (70
FR 7364, February 11, 2005) (FRL–
7692–1). Available on-line at: https://
www.epa.gov/fedrgstr
4. ITC. 2005. Fifty-Sixth Report of the
TSCA Interagency Testing Committee to
the Administrator of the Environmental
Protection Agency. Federal Register (70
FR 61519, October 24, 11, 2005) (FRL–
7739–9). Available on-line at: https://
www.epa.gov/fedrgstr.
5. ITC. 2005. Fifty-Eighth Report of
the TSCA Interagency Testing
Committee to the Administrator of the
Environmental Protection Agency.
Federal Register (71 FR 39188, July 11,
2006) (FRL–8073–7). Available on-line
at: https://www.epa.gov/fedrgstr.
6. EPA. 2006. Policy Regarding
Acceptance of New Commitments to the
High Production Volume (HPV)
Challenge Program. Available on-line at:
https://www.epa.gov/chemrtk/
hpvpolcy.htm.
7. EPA. 2006. Economic Analysis of
the Addition of Chemicals from the 55th,
56th, and 58th ITC Reports to the TSCA
8(a) PAIR Rule. July 10, 2006.
8. EPA. 2006. Economic Analysis of
the Addition of Chemicals from the 55th,
56th, and 58th ITC Reports to the TSCA
8(d) Health and Safety Data Reporting
Rule. July 10, 2006.
9. EPA. 1999. Procedures for
removing chemicals that are no longer
HPV and are not likely to become HPV
again from the HPV Challenge Program
chemical list. Available on-line at:
https://www.epa.gov/chemrtk/pubs/
general/nolohpv8.htm.
10. Albemarle Corporation.
Commitment letter to the HPV
Challenge Program for CAS Nos. 74–97–
5, 579–66–8, 28777–98–2, and 32072–
96–1 submitted to the EPA Docket
Center. December 28, 2005.
11. DuPont. Commitment letter to the
HPV Challenge Program for CAS No.
75–46–7 submitted to the EPA Docket
Center. December 9, 2005.
12. The Dow Chemical Company.
Commitment letter to the HPV
Challenge Program for CAS No. 77–86–
1 submitted to the EPA Docket Center.
August 29, 2006.
13. Corn Refiners Association.
Commitment letter to the HPV
Challenge Program for CAS No. 66071–
94–1 submitted to the EPA Docket
Center. August 29, 2006.
14. DSM Chemicals North America,
Inc. Commitment letter to the HPV
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Challenge Program for CAS No. 100–64–
1 submitted to the the EPA Docket
Center. June 28, 2005.
15. Rohm and Haas Company.
Commitment letter to the HPV
Challenge Program for CAS No. 107–45–
9 submitted to the EPA Docket Center.
December 16, 2005.
16. Bayer CropScience. Amended IUR
Report 2002—HPV Challenge Program
for CAS Nos. 693–07–2, 20469–71–0,
and 33509–43–2 submitted to the EPA
Docket Center. November 22, 2005.
17. Bayer CropScience. Amended IUR
Report 2002—HPV Challenge Program
for CAS Nos. 693–07–2, 20469–71–0,
and 33509–43–2 submitted to the EPA
Docket Center. December 15, 2005.
18. Vertellus. Commitment letter to
the HPV Challenge Program for CAS No.
3088–31–1 submitted to the EPA Docket
Center. August 29, 2006.
19. OECD SIDS Program Sponsorship
for CAS No. 1558–33–4. https://cs3hq.oecd.org/scripts/hpv/.
20. Stepan. Commitment letter to the
HPV Challenge Program for CAS No.
3088–31–1 submitted to the EPA Docket
Center. March 24, 2006.
21. Arkema, Inc. Commitment Letter
to the HPV Challenge Program for CAS
No. 3710–84–7 submitted to the EPA
Docket Center. August 11, 2005.
22. ExxonMobil Chemical Company.
Commitment letter to the HPV
Challenge Program for CAS Nos. 6863–
58–7, 14666–94–5, and 68514–41–0
submitted to the EPA Docket Center.
June 27, 2005.
23. Chemtura Corporation.
Commitment letter to the HPV
Challenge Program for CAS No. 6865–
35–6 submitted to the EPA Docket
Center. December 21, 2005.
24. Arkema Inc. Commitment letter to
the HPV Challenge Program for CAS No.
7320–37–8 submitted to the EPA Docket
Center. October 21, 2005.
25. Sodium Ethyl Sulfonates
Coalition. Letter requesting withdrawal
of CAS No. 61789–32–0 from the PAIR
rule. Submitted to the EPA Docket
Center. August 29, 2006.
26. EPA. Response to a letter dated
December 15, 2005, from the American
Coke and Coal Chemicals Institute
requesting removal of CAS No. 65996–
80–7 from the HPV Challenge Program
chemical list. January 17, 2006.
27. Velsicol Chemical Corporation.
Letter requesting removal of CAS No.
68476–80–2 from the HPV Challenge
Program chemical list. Submitted to the
EPA Docket Center. August 25, 2006.
28. General Electric Company.
Commitment letter to the HPV
Challenge Program for CAS No. 72162–
28–8 submitted to the EPA Docket
Center. August 28, 2006.
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29. The Soap and Detergent
Association. Commitment letter to the
ICCA HPV Initiative for CAS Nos.
68603–84–9, 68937–70–2, and 68937–
72–4 submitted to the EPA Docket
Center. August 30, 2006.
30. The Dow Chemical Company.
Letter confirming commitment to the
HPV Challenge Program for CAS No.
2611–00–9 submitted to the EPA Docket
Center. August 29, 2006.
31. Cognis Corporation. Commitment
letter to the ICCA HPV Initiative for
CAS Nos. 68603–84–9, 68937–70–2, and
68937–72–4 submitted to the EPA
Docket Center. August 23, 2006.
32. American Coke and Coal
Chemicals Institute. Withdrawal request
for ammonia liquor (coal), CAS No.
65996–80–7. Submitted to EPA Docket
Center. August 30, 2006.
33. Sodium Ethyl Sulfonates
Coalition. Letter requesting withdrawal
of CAS No. 61789–32–0 from the TSCA
8(d) Health and Safety Data Reporting
rule. Submitted to the EPA Docket
Center. August 29, 2006.
34. American Coke and Coal
Chemicals Institute. Withdrawal request
for fuel gases, coke-oven, CAS No.
65996–81–8. Submitted to EPA Docket
Center. August 30, 2006.
35. Pillsbury, Winthrop, Shaw,
Pittman. Withdrawal request for fats and
glycideric oils, vegetable, deodorizer
distillates, CAS No. 68476–80–2.
Submitted to EPA Docket Center.
August 30, 2006.
V. Statutory and Executive Order
Reviews
A. Executive Order 12866: Regulatory
Planning and Review
The Office of Management and Budget
(OMB) has exempted actions under
TSCA sections 8 (a) and (d) related to
the PAIR and Health and Safety Data
Reporting rules from the requirements
of Executive Order 12866, entitled
Regulatory Planning and Review (58 FR
51735, October 4, 1993). In addition,
this rule does not impose any new
requirements and will result in a burden
and cost reduction; therefore it is not
subject to OMB review under the
Executive order.
sroberts on PROD1PC70 with RULES
B. Paperwork Reduction Act
The information collection
requirements contained in TSCA
sections 8(a) PAIR and 8(d) Health and
Safety Data Reporting rules have already
been approved by OMB under the
provisions of the Paperwork Reduction
Act (PRA), 44 U.S.C. 3501 et seq., and
OMB control numbers 2070–0054 (EPA
ICR No. 0586) and 2070–0004 (EPA ICR
No. 0575). The collection activities in
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this rule are captured by the existing
approval and do not require additional
review and/or approval by OMB.
C. Regulatory Flexibility Act
Because this rule eliminates reporting
requirements, the Agency certifies
pursuant to section 605(b) of the
Regulatory Flexibility Act (RFA), 5
U.S.C. 601 et seq., that this revocation
of certain requirements under TSCA
sections 8(a) and 8(d) will not have a
significant adverse economic impact on
a substantial number of small entities.
D. Unfunded Mandates Reform Act
Pursuant to Title II of the Unfunded
Mandates Reform Act of 1995 (UMRA),
Public Law 104–4, EPA has determined
that this rule does not contain a Federal
mandate that may result in expenditures
of $100 million or more for State, local,
and tribal governments, in the aggregate,
or the private sector in any 1 year. In
addition, EPA has determined that this
rule will not significantly or uniquely
affect small governments. Accordingly,
the rule is not subject to the
requirements of UMRA sections 202,
203, 204, or 205.
E. Executive Order 13132: Federalism
This rule has no Federalism
implications, because it will not have
substantial direct effects 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).
F. Executive Order 13175: Consultation
and Coordination with Indian Tribal
Governments
This rule has no tribal implications
because it will not have substantial
direct effects on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
nor on the distribution of power and
responsibilities between the Federal
Government and Indian tribes as
specified in Executive Order 13175,
entitled Consultation and Coordination
with Indian Tribal Governments (59 FR
22951, November 6, 2000).
G. Executive Order 13045: Protection of
Children from Environmental Health
Risks and Safety Risks
Executive Order 13045, entitled
Protection of Children from
Environmental Health Risks and Safety
Risks (62 FR 19885, April 23,1997), does
not apply to this rule because this is not
an economically significant regulatory
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57445
action as defined under Executive Order
12866, and it does not concern an
environmental health or safety risk that
may have a disproportionate effect on
children.
H. Executive Order 13211: Actions that
Significantly Affect Energy Supply,
Distribution, or Use
This rule is not subject to Executive
Order 13211, entitled Actions that
Significantly Affect Energy Supply,
Distribution, or Use (66 FR 28355, May
22, 2001), because this action is not
expected to affect energy supply,
distribution, or use.
I. National Technology Transfer and
Advancement Act
Because this action does not involve
any technical standards, 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), does not apply to this
action.
J. Executive Order 12898: Federal
Actions to Address Environmental
Justice in Minority Populations and
Low-Income Populations
This action does not involve special
considerations of environmental justicerelated issues pursuant to Executive
Order 12898, entitled Federal Actions to
Address Environmental Justice in
Minority Populations and Low-Income
Populations (59 FR 7629, February 16,
1994).
VI. Congressional Review Act
The Congressional Review Act, 5
U.S.C. 801 et seq., 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 to 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 Parts 712 and
716
Environmental protection, Chemicals,
Hazardous substances, Health and
safety, Reporting and recordkeeping
requirements.
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Federal Register / Vol. 71, No. 189 / Friday, September 29, 2006 / Rules and Regulations
Dated: September 25, 2006.
Charles M. Auer,
Director, Office of Pollution Prevention and
Toxics.
CAS No.
Substance
7320–37–8
Oxirane, tetradecyl-
Therefore, 40 CFR chapter I as
amended in the Federal Register of
August 16, 2006 at 71 FR 47122 and 71
FR 47130 is further amended by the
following withdrawals:
14666–94–5
9-Octadecenoic acid (9Z)-,
cobalt salt
20469–71–0
Hydrazinecarbodithioic
acid, compd. with hydrazine (1:1)
PART 712—[AMENDED]
28777–98–2
1. The authority citation for part 712
continues to read as follows:
CAS No.
Substance
1,3-Propanediol, 2amino-2(hydroxymethyl)-
99–51–4
Benzene, 1,2-dimethyl-4nitro-
100–64–1
Cyclohexanone, oxime
2,5-Furandione, dihydro-3(octadecenyl)-
107–45–9
2-Pentanamine, 2,4,4trimethyl-
32072–96–1
2,5-Furandione, 3(hexadecenyl)dihydro-
579–66–8
Benzenamine, 2,6diethyl-
33509–43–2
1,2,4-Triazin-5(2H)-one, 4amino-6-(1,1dimethylethyl)-3,4dihydro-3-thioxo-
693–07–2
Ethane, 1-chloro-2(ethylthio)-
1115–20–4
Propanoic acid, 3-hydroxy-2,2-dimethyl-, 3hydroxy-2,2dimethylpropyl ester
1459–93–4
1,3–Benzenedicarboxylic
acid, dimethyl ester
1558–33–4
Silane,
dichloro(chloromethyl)methyl-
2611–00–9
3–Cyclohexene–1–carboxylic acid, 3–cyclohexen–1–ylmethyl
ester
3088–31–1
Ethanol, 2-[2(dodecyloxy)ethoxy]-,
hydrogen sulfate, sodium salt
3710–84–7
Ethanamine, N-ethyl-Nhydroxy-
6863–58–7
Butane, 2,2-oxybis-
6865–35–6
Octadecanoic acid, barium salt
7320–37–8
Oxirane, tetradecyl-
14666–94–5
9-Octadecenoic acid
(9Z)-, cobalt salt
PART 716—[AMENDED]
20469–71–0
3. The authority citation for part 716
continues to read as follows:
Hydrazinecarbodithioic
acid, compd. with hydrazine (1:1)
28777–98–2
2,5-Furandione, dihydro3-(octadecenyl)-
32072–96–1
2,5-Furandione, 3(hexadecenyl)dihydro-
33509–43–2
1,2,4-Triazin-5(2H)-one,
4-amino-6-(1,1dimethylethyl)-3,4dihydro-3-thioxo-
61789–32–0
Fatty acids, coco, 2sulfoethyl esters, sodium salts
65996–80–7
I
77–86–1
Ammonia liquor (coal)
I
Authority: 15 U.S.C. 2607(a).
§ 712.30
[Amended]
2. In § 712.30, the table in paragraph
(e) is amended by removing the
chemical substances listed in the table
below:
I
CAS No.
61789–32–0
Fatty acids, coco, 2sulfoethyl esters, sodium
salts
Ammonia liquor (coal)
Substance
74–97–5
Methane, bromochloro-
65996–80–7
75–46–7
Methane, trifluoro-
65996–81–8
Fuel gases, coke-oven
77–86–1
1,3-Propanediol, 2-amino2-(hydroxymethyl)-
66071–94–1
Corn, steep liquor
68476–80–2
Fats and glyceridic oils,
vegetable, deodorizer
distillates
68478–20–6
Residues (petroleum),
steam-cracked petroleum
distillates
cyclopentadiene conc.,
C4–cyclopentadiene-free
99–51–4
Benzene, 1,2-dimethyl-4nitro-
100–64–1
Cyclohexanone, oxime
107–45–9
2-Pentanamine, 2,4,4trimethyl-
579–66–8
Benzenamine, 2,6-diethyl-
693–07–2
Ethane, 1-chloro-2(ethylthio)-
1115–20–4
Propanoic acid, 3-hydroxy2,2-dimethyl-, 3-hydroxy2,2-dimethylpropyl ester
1459–93–4
Silane,
dichloro(chloromethyl)methyl-
2611–00–9
3088–31–1
Carboxylic acids, C5–9
68937–70–2
Carboxylic acids, C6–18
and C8–15-di-
68937–72–4
72162–28–8
3–Cyclohexene–1–carboxylic acid, 3–cyclohexen–1–ylmethyl ester
Carboxylic acids, di-, C4–
11
2–Propanone, reaction
products with phenol
I
Authority: 15 U.S.C. 2607(d).
Ethanol, 2-[2(dodecyloxy)ethoxy]-, hydrogen sulfate, sodium
salt
3710–84–7
Ethanamine, N-ethyl-Nhydroxy-
6863–58–7
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Ketones, C12–branched
68603–84–9
1,3–Benzenedicarboxylic
acid, dimethyl ester
1558–33–4
68514–41–0
Octadecanoic acid, barium
salt
[Amended]
4. In § 716.120, the table in paragraph
(d) is amended by removing the
chemical substances listed in the table
below:
I
Butane, 2,2-oxybis-
6865–35–6
§ 716.120
CAS No.
Substance
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Methane, bromochloro-
75–46–7
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Methane, trifluoro-
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Federal Register / Vol. 71, No. 189 / Friday, September 29, 2006 / Rules and Regulations
CAS No.
65996–81–8
Fuel gases, coke-oven
66071–94–1
Corn, steep liquor
68476–80–2
Fats and glyceridic oils,
vegetable, deodorizer
distillates
68478–20–6
Residues (petroleum),
steam-cracked petroleum distillates
cyclopentadiene conc.,
C4–cyclopentadienefree
68514–41–0
Ketones, C12–branched
68603–84–9
Carboxylic acids, C5–9
68937–70–2
Carboxylic acids, C6–18
and C8–15-di-
68937–72–4
Carboxylic acids, di-,
C4–11
72162–28–8
2–Propanone, reaction
products with phenol
[FR Doc. E6–15959 Filed 9–28–06; 8:45 am]
BILLING CODE 6560–50–S
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid
Services
42 CFR Parts 412, 414, and 424
[CMS–1540–CN]
RIN 0938-AO16
Medicare Program; Inpatient
Rehabilitation Facility Prospective
Payment System for Federal Fiscal
Year 2007; Certain Provisions
Concerning Competitive Acquisition
for Durable Medical Equipment,
Prosthetics, Orthotics, and Supplies
(DMEPOS); Accreditation of DMEPOS
Suppliers; Correction
Centers for Medicare &
Medicaid Services (CMS), HHS.
ACTION: Correction.
sroberts on PROD1PC70 with RULES
AGENCY:
SUMMARY: This document corrects
technical errors that appeared in the
final rule published in the Federal
Register on August 18, 2006, titled
‘‘Medicare Program; Inpatient
Rehabilitation Facility Prospective
Payment System for Federal Fiscal Year
2007; Certain Provisions Concerning
Competitive Acquisition for Durable
Medical Equipment, Prosthetics,
Orthotics, and Supplies (DMEPOS);
Accreditation of DMEPOS Suppliers’’
(71 FR 48354).
VerDate Aug<31>2005
17:25 Sep 28, 2006
Jkt 208001
Effective Dates: The regulatory
changes to part 412 of 42 CFR are
effective October 1, 2006. The regulatory
changes to part 414 of 42 CFR, other
than § 414.406(e), are effective August
31, 2006. The effective date for
§ 414.406(e) is October 1, 2006. The
regulatory changes to part 424 of 42 CFR
are effective October 2, 2006. The
updated IRF prospective payment rates
are effective October 1, 2006, for
discharges occurring on or after October
1, 2006, and on or before September 30,
2007 (that is, during FY 2007).
FOR FURTHER INFORMATION CONTACT:
Zinnia Ng, (410) 786–4587.
SUPPLEMENTARY INFORMATION:
DATES:
Substance
I. Background
In FR Doc. 06–6694 of August 18,
2006 (71 FR 48354), there were several
technical errors that are identified and
corrected in the Correction of Errors
section below. The provisions in this
correction notice are effective as if they
had been included in the document
published on August 18, 2006.
II. Summary of Errors
The first of the technical errors
identified and corrected in the
Correction of Errors section below
occurred in the ‘‘Effective Dates’’
paragraph of the final rule (71 FR
48354). We inadvertently neglected to
identify the effective date for 42 Code of
Federal Regulations (CFR) 414.406(e).
We will identify the effective date for
§ 414.406(e) as October 1, 2006.
In addition, two typographical errors
occurred that resulted in duplicate
descriptions of the Addendum that
appears on page 48412 of the final rule,
as well as a misspelled word that
appears in a footnote on page 48434. We
will delete the duplicate description of
the Addendum and correct the spelling
of the misspelled word.
A typesetting error also occurred on
page 48415 in the final rule. The wage
index value for Canton-Massillon, Ohio
(CBSA 15940) displays an incorrect
wage index value of 0.8735. We will
replace the incorrect wage index value
with the correct wage index value of
0.8935, as published in the Inpatient
Rehabilitation Facility Prospective
Payment System (IRF PPS) proposed
rule (71 FR 28106, 28145, May 15,
2006).
III. Correction of Errors
In FR Doc. 06–6694 of August 18,
2006 (71 FR 48354), make the following
corrections:
1. On page 48354, in the first column,
the paragraph entitled ‘‘Effective Dates’’
is deleted and replaced with, ‘‘Effective
Dates: The regulatory changes to part
PO 00000
Frm 00065
Fmt 4700
Sfmt 4700
57447
412 of 42 CFR are effective October 1,
2006. The regulatory changes to part 414
of 42 CFR, other than § 414.406(e), are
effective August 31, 2006. The effective
date for § 414.406(e) is October 1, 2006.
The regulatory changes to part 424 of 42
CFR are effective October 2, 2006. The
updated IRF prospective payment rates
are effective October 1, 2006, for
discharges occurring on or after October
1, 2006, and on or before September 30,
2007 (that is, during FY 2007).’’
2. On page 48412, portions of the first
and second columns will be deleted.
The text to be deleted begins in the first
column with the word ‘‘Addendum’’
through the end of the second full
paragraph in the second column.
3. On page 48415, the CantonMassillon, OH (CBSA 15940) wage
index value of ‘‘0.8735’’ is corrected to
read ‘‘0.8935’’.
4. On page 48434, in the third
column, second footnote, line 2, ‘‘shrot’’
is corrected to read ‘‘short’’.
IV. Waiver of Proposed Rulemaking
We ordinarily publish a notice of
proposed rulemaking in the Federal
Register to provide a period for public
comment before the provisions of a rule
take effect in accordance with section
553(b) of the Administrative Procedure
Act (APA) (5 U.S.C. 553(b)). However,
we can waive this notice and comment
procedure if the Secretary finds, for
good cause, that the notice and
comment process is impracticable,
unnecessary, or contrary to the public
interest, and incorporates a statement of
the finding and the reasons therefore in
the notice.
Section 553(d) of the APA ordinarily
requires a 30-day delay in effective date
of final rules after the date of their
publication in the Federal Register.
This 30-day delay in effective date can
be waived, however, for good cause
found by the agency, if the agency
incorporates a statement of the finding
and its reasons in the rule issued.
The policies and payment
methodology expressed in the FY 2007
final rule (71 FR 48354) have previously
been subjected to notice and comment
procedures. This correction notice
merely provides technical corrections to
the FY 2007 final rule that was
promulgated through notice and
comment rulemaking, and does not
make substantive changes to the policies
or payment methodology that were
expressed in the final rule. For example,
this notice corrects typographical and
typesetting errors. In addition, we
inadvertently neglected to identify the
effective date for 42 CFR 414.406(e).
Therefore, we find it unnecessary to
undertake further notice and comment
E:\FR\FM\29SER1.SGM
29SER1
]]>Agencies
[Federal Register Volume 71, Number 189 (Friday, September 29, 2006)]
[Rules and Regulations]
[Pages 57439-57447]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-15959]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 712 and 716
[EPA-HQ-OPPT-2005-0014 and EPA-HQ-OPPT-2005-0055; FRL-8096-5]
RIN 2070-AB08 and 2070-AB11
Withdrawal of Certain Chemical Substances from Preliminary
Assessment Information Reporting and Health and Safety Data Reporting
Rules
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule, issued pursuant to sections 8(a) and 8(d) of
the Toxic Substances Control Act (TSCA), withdraws certain chemical
substances from the category of voluntary High Production Volume (HPV)
Challenge Program orphan (unsponsored) chemical substances that would
be subject to reporting requirements under TSCA section 8(a) and 8(d).
On August 16, 2006, EPA published two final rules both effective
September 15, 2006, with certain exceptions: A Preliminary Assessment
Information Reporting (PAIR) rule under TSCA section 8(a) (40 CFR part
712), which requires manufacturers (including importers) of chemical
substances in the category of voluntary HPV Challenge Program orphan
(unsponsored) chemical substances on the Interagency Testing
Committee's (ITC) TSCA section 4(e) Priority Testing List to submit a
one-time report on general production/importation volume, end use, and
exposure-related information to EPA, and a Health and Safety Data
Reporting rule under TSCA section 8(d) (40 CFR part 716), which
requires manufacturers (including importers) of chemical substances in
this category of HPV Challenge Program orphan (unsponsored) chemical
substances to submit certain unpublished health and safety data to EPA.
On September 15, 2006, EPA published a final rule that delayed the
effective date of the rules published August 16, 2006, until September
29, 2006. The chemical substances listed in this final rule are being
withdrawn from 40 CFR parts 712 and 716 for good cause as specified in
40 CFR 712.30(c) and 40 CFR 716.105(c) and, consequently, these listed
chemical substances will not be subject to the reporting requirements
imposed by the TSCA section 8(a) and 8(d) rules published on August 16,
2006.
DATES: This final rule is effective September 29, 2006.
ADDRESSES: EPA has established a docket for this action under docket
identification (ID) numbers EPA-HQ-OPPT-2005-0014 and EPA-HQ-OPPT-2005-
0055. All documents in the dockets are listed on the regulations.gov
website. Although listed in the index, some information is not publicly
available, e.g., Confidential Business Information (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. The EPA Docket
Center (EPA/DC) suffered structural damage due to flooding in June
2006. Although the EPA/DC is continuing operations, there will be
temporary changes to the EPA/DC during the clean-up. The EPA/DC Public
Reading Room, which was temporarily closed due to flooding, has been
relocated in the EPA Headquarters Library, Infoterra Room (Room Number
3334) in EPA West, located at 1301
[[Page 57440]]
Constitution Ave., NW., Washington, DC. The EPA/DC Public Reading Room
is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding
legal holidays. The telephone number for the EPA/DC Public Reading Room
is (202) 566-1744, and the telephone number for the OPPT Docket is
(202) 566-0280. EPA visitors are required to show photographic
identification and sign the EPA visitor log. Visitors to the EPA/DC
Public Reading Room will be provided with an EPA/DC badge that must be
visible at all times while in the EPA Building and returned to the
guard upon departure. In addition, security personnel will escort
visitors to and from the new EPA/DC Public Reading Room location. Up-
to-date information about the EPA/DC is on the EPA website at https://
www.epa.gov/epahome/dockets.htm.
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: Joe Nash, Chemical Control
Division (7405M), Office of Pollution Prevention and Toxics,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (202) 564-8886; fax
number: (202) 564-4765; e-mail address: ccd.citb@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this Action Apply to Me?
You may be potentially affected by this action if you manufacture
(defined by statute to include import) any of the chemical substances
listed in this rule. Entities potentially affected by this action may
include, but are not limited to:
Chemical manufacturers (including importers), (NAICS codes
325, 32411), e.g., persons who manufacture (defined by statute to
include import) one or more of the subject chemical substances.
This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. 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. If you have any
questions regarding the applicability of this action to a particular
entity, consult the technical person listed under FOR FURTHER
INFORMATION CONTACT.
B. How Can I Access Electronic Copies of this Document?
In addition to accessing an electronic copy of this Federal
Register document through the electronic docket at https://
www.regulations.gov, you may access this ``Federal Register'' document
electronically through the EPA Internet under the ``Federal Register''
listings at https://www.epa.gov/fedrgstr. Frequently updated electronic
versions of 40 CFR parts 712 and 716 are available through the
Government Printing Office's pilot e-CFR site at https://
www.gpoaccess.gov/ecfr.
II. Background
A. What Action is the Agency Taking?
EPA is withdrawing certain chemical substances that would be
subject to the reporting requirements under TSCA section 8(a) and 8(d).
On August 16, 2006, EPA published a final PAIR rule under TSCA section
8(a) (40 CFR part 712), which requires manufacturers (including
importers) of chemical substances in the category of voluntary HPV
Challenge Program orphan (unsponsored) chemical substances on the ITC's
TSCA section 4(e) Priority Testing List to submit a one-time report on
general production/importation volume, end use, and exposure-related
information to EPA (71 FR 47122) (FRL-7764-9). Also on August 16, 2006,
EPA published a final Health and Safety Data Reporting rule under TSCA
section 8(d) (40 CFR part 716), which requires manufacturers (including
importers) of chemical substances in this category of voluntary HPV
Challenge Program orphan (unsponsored) chemical substances to submit
certain unpublished health and safety data to EPA (71 FR 47130) (FRL-
7764-7). On September 15, 2006, EPA published a final rule that revised
the effective date of the two rules published on August 16, 2006 (71 FR
54434) (FRL-8094-8). The effect of this withdrawal is that the listed
chemical substances will not be subject to the reporting requirements
imposed by the final TSCA section 8(a) and 8(d) rules published on
August 16, 2006, and the rule published on September 15, 2006, that
changed the effective date for these two rules.
B. What is the Agency's Authority for Taking This Action?
EPA promulgated the PAIR rule under TSCA section 8(a) (15 U.S.C.
2607(a)), and it is codified at 40 CFR part 712. EPA uses this model
TSCA section 8(a) rule to quickly gather current information on
chemical substances. This model TSCA section 8(a) rule establishes
standard reporting requirements for certain manufacturers (including
importers) of the chemical substances listed in the rule at 40 CFR
712.30. This model rule provides for the addition of TSCA section 4(e)
ITC-recommended/designated Priority Testing List chemical substances to
the list of chemical substances subject to reporting under 40 CFR part
712. EPA amends, unless otherwise instructed by the ITC, the model TSCA
section 8(a) rule by adding the ITC-recommended (or designated)
chemical substances. The final rule published by EPA on August 16,
2006, amended the model TSCA section 8(a) rule by adding the ITC
category of certain voluntary HPV Challenge Program orphan
(unsponsored) chemical substances (Ref. 1).
Under 40 CFR part 712.30(c), the Agency may withdraw, for good
cause, a listed substance, mixture, or category from the rule's
reporting requirements prior to the effective date of the rule. Any
information submitted showing why a substance, mixture, or category
should be removed from the rule must be received by EPA within 14 days
after the date of publication of the rule. If a substance, mixture, or
category is removed, a Federal Register document announcing this
decision will be published no later than the effective date of the
amendment. This Federal Register document announces EPA's decision to
withdraw certain chemical substances from 40 CFR part 712 that were
added by the Agency on August 16, 2006 (Ref. 1).
EPA promulgated the model Health and Safety Data Reporting rule
under TSCA section 8(d) (15 U.S.C. 2607(d)), and it is codified at 40
CFR part 716. EPA uses this TSCA section 8(d) model rule to quickly
gather current information on chemical substances. The TSCA section
8(d) model rule requires past, current, and prospective manufacturers,
importers, and (if specified by EPA in a particular notice or rule
under TSCA section 8(d)) processors of listed chemical substances to
submit to EPA copies and lists of unpublished health and safety studies
on the listed chemical substances that they manufacture, import, or (if
specified by EPA in a particular notice or rule under TSCA section
8(d)) process. This model rule provides for the addition of TSCA
section 4(e) ITC-recommended/designated Priority Testing List chemical
substances to the list of chemical substances subject to reporting
under 40 CFR part 716. EPA
[[Page 57441]]
amends, unless otherwise instructed by the ITC, the model TSCA section
8(d) rule by adding the ITC-recommended (or designated) chemical
substances. The final rule published by EPA on August 16, 2006, amended
the model TSCA section 8(d) rule by adding the ITC category of certain
voluntary HPV Challenge Program orphan (unsponsored) chemical
substances (Ref. 2).
Under 40 CFR 716.105(c), the Agency may withdraw, for good cause, a
listed substance, mixture, or category from the rule's reporting
requirements prior to the effective date of the rule. Any information
submitted showing why a chemical substance, mixture, or category of
chemical substances should be withdrawn from the amendment must be
received by EPA within 14 days after the date of publication of the
rule. If a chemical substance, mixture, or category of chemical
substances is withdrawn, a Federal Register document announcing this
decision will be published no later than the effective date of the
amendment. This Federal Register document announces EPA's decision to
withdraw certain chemical substances from 40 CFR part 716 that were
added by the Agency on August 16, 2006 (Ref. 2).
These withdrawal actions do not preclude potential future listing
under the TSCA section 8(a) PAIR rule or the TSCA section 8(d) Health
and Safety Data Reporting rule should the information be reasonably
required.
C. Why is this Action Being Issued as a Final Rule?
EPA is publishing this action as a final rule without prior notice
and an opportunity for comment pursuant to the procedures set forth in
40 CFR 712.30(c) and 716.105(c). EPA finds that there is good cause
under the Administrative Procedure Act (APA) (5 U.S.C. 553(b)(3)(B)) to
make these amendments without prior notice and comment. EPA believes
notice and an opportunity for comment on this action are unnecessary.
TSCA directs the ITC to add chemical substances to the Priority
Testing List for which EPA should give priority consideration. Pursuant
to 40 CFR 716.105(b) and (c), once the ITC adds a chemical substance to
the Priority Testing List, EPA in turn is obliged to add that chemical
substance to the list of chemical substances subject to the Health and
Safety Data Reporting rule reporting requirements, unless requested not
to do so by the ITC. EPA also has the discretion, under 40 CFR
716.105(c), to withdraw a listed substance, mixture, or category from
the list of subject chemical substances based on information submitted
to EPA that shows why a chemical substance should be removed from the
rule. EPA promulgated this procedure in 1985 after having solicited
public comment on the need for and mechanics of this procedure. (See
the Federal Register of August 28, 1985 (50 FR 34809)). Because that
document established the procedure for adding and withdrawing ITC
chemical substances to the Health and Safety Data Reporting rule, it is
unnecessary to request comment on the procedure in this action. EPA
believes this action does not raise any relevant issues for comment.
EPA is not changing the Health and Safety Data Reporting rule reporting
requirements or the process set forth in 40 CFR 716.105(b) and (c).
This action is also consistent with the EPA policy articulated in the
August 16, 2006 rule that sponsorship of a chemical substance under the
voluntary HPV Challenge Program is generally good cause for withdrawing
a chemical substance from the Health and Safety Data Reporting rule.
Similarly, pursuant to 40 CFR 712.30(c), once the ITC adds a
chemical substance to the Priority Testing List, EPA in turn is obliged
to add that chemical substance to the list of chemical substances
subject to PAIR reporting requirements, unless requested not to do so
by the ITC. EPA also has the discretion, under 40 CFR 716.30(c), to
withdraw a listed substance, mixture, or category from the list of
subject chemical substances based on information submitted to EPA that
shows why a chemical substance should be removed from the rule. EPA
promulgated this procedure in 1985 after having solicited public
comment on the need for and mechanics of this procedure. (See the
Federal Register of August 28, 1985 (50 FR 34805)). Because that
rulemaking established the procedure for adding and withdrawing ITC
chemical substances to the PAIR rule, it is unnecessary to request
comment on the procedure in this action. EPA believes this action does
not raise any relevant issues for comment. EPA is not changing the PAIR
rule reporting requirements or the process set forth in 40 CFR
712.30(c). This action is also consistent with the EPA policy
articulated in the August 16, 2006 rule that sponsorship of a chemical
substance under the voluntary HPV Challenge Program is generally good
cause for withdrawing a chemical substance from the PAIR rule.
III. Final Rule
A. Why are These Chemical Substances Being Withdrawn?
Pursuant to TSCA section 8(a), EPA published a PAIR final rule on
August 16, 2006 (Ref. 1), which requires manufacturers (including
importers) of chemical substances in the category (as defined by the
55\th\, 56\th\, and 58\th\ ITC Reports (Refs. 3, 4, and 5)) of
voluntary HPV Challenge Program orphan (unsponsored) chemical
substances on the ITCs TSCA section 4(e) Priority Testing List to
submit a report to EPA on general production/importation volume, end
use, and exposure-related information to EPA.
Also on August 16, 2006, EPA published, pursuant to TSCA section
8(d), a Health and Safety Data Reporting final rule (Ref. 2), which
requires manufacturers (including importers) of chemical substances in
the category (as defined by the 55\th\, 56\th\, and 58\th\ ITC Reports
(Refs. 3, 4, and 5)) of voluntary HPV Challenge Program orphan
(unsponsored) chemical substances on the ITC's TSCA section 4(e)
Priority Testing List to submit certain unpublished health and safety
data to EPA.
As stated in these two rules that added the voluntary HPV Challenge
Program orphan (unsponsored) chemical substances category to 40 CFR
parts 712 and 716 (Refs. 1 and 2), EPA has established a policy
regarding acceptance of new commitments to sponsor chemical substances
under the voluntary HPV Challenge Program (Ref. 6). Under this policy,
EPA stated that it would accept new commitments to sponsor chemical
substances under the voluntary HPV Challenge Program for any of the
voluntary HPV Challenge Program orphan (unsponsored) chemical
substances listed in the regulatory texts of the TSCA section 8(a) PAIR
rule (Ref. 1) and the TSCA section 8(d) Health and Safety Data
Reporting rule (Ref. 2) provided that these new commitments to the
voluntary HPV Challenge Program were received by EPA within 14 days
after the date of publication of these two rules in the Federal
Register. EPA generally believes that a timely commitment to sponsor
chemical substances under the voluntary HPV Challenge Program
establishes good cause for withdrawing a chemical substance from the
TSCA section 8(a) PAIR rule (Ref. 1) and TSCA section 8(d) Health and
Safety Data Reporting rule (Ref. 2). EPA also stated in the August 16,
2006 rules that it would remove chemical substances from the TSCA
section 8(a) PAIR rule (Ref. 1) and the TSCA section 8(d)
[[Page 57442]]
Health and Safety Data Reporting rule (Ref. 2), in accordance with the
procedures described in 40 CFR 712.30(c) and 40 CFR 716.105(c), if
withdrawal requests submitted to EPA in conjunction with these new
commitments to the voluntary HPV Challenge Program were received on or
before 14 days after date of publication of the two rules in the
Federal Register.
For 22 of the chemical substances listed in this document, EPA
received commitments to the voluntary HPV Challenge Program prior to or
within 14 days after the date of publication of the TSCA section 8(a)
PAIR rule (Ref. 1) and the TSCA section 8(d) Health and Safety Data
Reporting rule (Ref. 2) in the Federal Register. These commitments to
the voluntary HPV Challenge Program are accepted and, based on EPA's
commitment policy (Ref. 6), EPA is removing these chemical substances
from the TSCA section 8(a) PAIR rule (Ref. 1) and from the TSCA section
8(d) Health and Safety Data Reporting rule (Ref. 2).
In addition, EPA is removing four chemical substances from the TSCA
section 8(a) PAIR rule (Ref. 1) and from the TSCA secton 8(d) Health
and Safety Data Reporting rule (Ref. 2) because of commitments made to
sponsor chemical substances under the OECD HPV Screening Information
Data Set (SIDS) Program and/or the ICCA HPV Initiative. The OECD SIDS
program and the ICCA HPV Initiative are complementary programs to the
HPV Challenge, and EPA believes its policy regarding commitments to
sponsor chemical substances under the HPV Challenge should also
generally apply to the OECD SIDS program and ICCA HPV Initiative. Thus,
EPA believes that a commitment to sponsor chemical substances under the
OECD SIDS Program or the ICCA HPV Initiative generally establishes good
cause for withdrawing a chemical substance from the TSCA section 8(a)
PAIR rule (Ref. 1) and TSCA section 8(d) Health and Safety Data
Reporting rule (Ref. 2).
EPA is also removing seven chemical substances from the TSCA
section 8(a) PAIR rule (Ref. 1) and from the TSCA section 8(d) Health
and Safety Data Reporting rule (Ref. 2) because EPA has received
written requests for removal of these chemical substances from the
voluntary HPV Challenge Program on the basis that the chemical
substances are ``no longer'' HPV. EPA has determined that the
substantiation provided in these written requests, which was based on
reporting under EPA's Inventory Update Rule (IUR), is consistent with
EPA's guidance for removing chemical substances that are no longer HPV
(Ref. 9) and, consequently, EPA believes that this determination
establishes good cause for withdrawing these chemical substances from
the TSCA section 8(a) PAIR rule (Ref. 1) and TSCA section 8(d) Health
and Safety Data Reporting rule (Ref. 2). Because this determination was
based on data obtained under the IUR, EPA does not believe comment is
necessary on whether these chemical substances meet the volume
threshold for HPV status.
EPA has also determined that good cause does not exist to remove
several other chemical substances that were the subject of withdrawal
requests. The rationales for these determinations are in the docket for
this action.
The net result of these removals is that 210 chemical substances
remain subject to the reporting requirements imposed by the TSCA
section 8(a) and 8(d) rules published on August 16, 2006.
B. What Chemical Substances are Being Withdrawn and the Rationale for
Withdrawal?
Under EPA's authority, 15 U.S.C. 2607(a), the chemical substances
in the table in this unit are being removed from the table in 40 CFR
712.30(e) of the TSCA section 8(a) PAIR rule published in the Federal
Register of August 16, 2006 (Ref. 1), and the table in 40 CFR
716.120(d) of the TSCA section 8(d) Health and Safety Data Reporting
rule published in the Federal Register of August 16, 2006 (Ref. 2).
----------------------------------------------------------------------------------------------------------------
Rationale for
CAS No. Substance withdrawal CFR citation Reference
----------------------------------------------------------------------------------------------------------------
74-97-5 Methane, HPV Challenge 40 CFR 712.30(e) Ref. 10
bromochloro- Program 40 CFR 716.120(d).
Sponsorship \a\
----------------------------------------------------------------------------------------------------------------
75-46-7 Methane, trifluoro- HPV Challenge 40 CFR 712.30(e) Ref. 11
Program 40 CFR 716.120(d).
Sponsorship \a\
----------------------------------------------------------------------------------------------------------------
77-86-1 1,3-Propanediol, 2- HPV Challenge 40 CFR 712.30(e) Ref. 12
amino-2- Program 40 CFR 716.120(d).
(hydroxymethyl)- Sponsorship \a\
----------------------------------------------------------------------------------------------------------------
99-51-4 Benzene, 1,2- HPV Challenge 40 CFR 712.30(e) Ref. 13
dimethyl-4-nitro- Program 40 CFR 716.120(d).
Sponsorship \a\
----------------------------------------------------------------------------------------------------------------
100-64-1 Cyclohexanone, HPV Challenge 40 CFR 712.30(e) Ref. 14
oxime Program 40 CFR 716.120(d).
Sponsorship \a\
----------------------------------------------------------------------------------------------------------------
107-45-9 2-Pentanamine, HPV Challenge 40 CFR 712.30(e) Ref. 15
2,4,4-trimethyl- Program 40 CFR 716.120(d).
Sponsorship \a\
----------------------------------------------------------------------------------------------------------------
579-66-8 Benzenamine, 2,6- HPV Challenge 40 CFR 712.30(e) Ref. 10
diethyl- Program 40 CFR 716.120(d).
Sponsorship \a\
----------------------------------------------------------------------------------------------------------------
693-07-2 Ethane, 1-chloro-2- No longer HPV \b\ 40 CFR 712.30(e) Refs. 16 and 17
(ethylthio)- 40 CFR 716.120(d).
----------------------------------------------------------------------------------------------------------------
1115-20-4 Propanoic acid, 3- HPV Challenge 40 CFR 712.30(e) Ref. 13
hydroxy-2,2- Program 40 CFR 716.120(d).
dimethyl-, 3- Sponsorship \a\
hydroxy-2,2-
dimethylpropyl
ester
----------------------------------------------------------------------------------------------------------------
1459-93-4 1,3- HPV Challenge 40 CFR 712.30(e) Ref. 18
Benzenedicarboxyl Program 40 CFR 716.120(d).
ic acid, dimethyl Sponsorship \a\
ester
----------------------------------------------------------------------------------------------------------------
1558-33-4 Silane, OECD HPV SIDS 40 CFR 712.30(e) Ref. 19
dichloro(chlorome Program 40 CFR 716.120(d).
thyl)methyl- Sponsorship \c\
----------------------------------------------------------------------------------------------------------------
[[Page 57443]]
2611-00-9 3-Cyclohexene-1- HPV Challenge 40 CFR 712.30(e) Ref. 30
carboxylic acid, Program 40 CFR 716.120(d).
3-cyclohexen-1- Sponsorship \a\
ylmethyl ester
----------------------------------------------------------------------------------------------------------------
3088-31-1 Ethanol, 2-[2- HPV Challenge 40 CFR 712.30(e) Ref. 20
(dodecyloxy)ethox Program 40 CFR 716.120(d).
y]-, hydrogen Sponsorship \a\
sulfate, sodium
salt
----------------------------------------------------------------------------------------------------------------
3710-84-7 Ethanamine, N- HPV Challenge 40 CFR 712.30(e) Ref. 21
ethyl-N-hydroxy- Program 40 CFR 716.120(d).
Sponsorship \a\
----------------------------------------------------------------------------------------------------------------
6863-58-7 Butane, 2,2-oxybis- HPV Challenge 40 CFR 712.30(e) Ref. 22
Program 40 CFR 716.120(d).
Sponsorship \a\
----------------------------------------------------------------------------------------------------------------
6865-35-6 Octadecanoic acid, HPV Challenge 40 CFR 712.30(e) Ref. 23
barium salt Program 40 CFR 716.120(d).
Sponsorship \a\
----------------------------------------------------------------------------------------------------------------
7320-37-8 Oxirane, HPV Challenge 40 CFR 712.30(e) Ref. 24
tetradecyl- Program 40 CFR 716.120(d).
Sponsorship \a\
----------------------------------------------------------------------------------------------------------------
14666-94-5 9-Octadecenoic HPV Challenge 40 CFR 712.30(e) Ref. 22
acid (9Z)-, Program 40 CFR 716.120(d).
cobalt salt Sponsorship \a\
----------------------------------------------------------------------------------------------------------------
20469-71-0 Hydrazinecarbodith No longer HPV \b\ 40 CFR 712.30(e) Refs. 16 and 17
ioic acid, compd. 40 CFR 716.120(d).
with hydrazine
(1:1)
----------------------------------------------------------------------------------------------------------------
28777-98-2 2,5-Furandione, HPV Challenge 40 CFR 712.30(e) Ref. 10
dihydro-3- Program 40 CFR 716.120(d).
(octadecenyl)- Sponsorship \a\
----------------------------------------------------------------------------------------------------------------
32072-96-1 2,5-Furandione, 3- HPV Challenge 40 CFR 712.30(e) Ref. 10
(hexadecenyl)dihy Program 40 CFR 716.120(d).
dro- Sponsorship \a\
----------------------------------------------------------------------------------------------------------------
33509-43-2 1,2,4-Triazin- No longer HPV \b\ 40 CFR 712.30(e) Refs. 16 and 17
5(2H)-one, 4- 40 CFR 716.120(d).
amino-6-(1,1-
dimethylethyl)-
3,4-dihydro-3-
thioxo-
----------------------------------------------------------------------------------------------------------------
61789-32-0 Fatty acids, coco, HPV Challenge 40 CFR 712.30(e) Refs. 25 and 33
2-sulfoethyl Program 40 CFR 716.120(d).
esters, sodium Sponsorship \a\
salts
----------------------------------------------------------------------------------------------------------------
65996-80-7 Ammonia liquor No longer HPV \b\ 40 CFR 712.30(e) Refs. 26 and 32
(coal) 40 CFR 716.120(d).
----------------------------------------------------------------------------------------------------------------
65996-81-8 Fuel gases, coke- No longer HPV \b\ 40 CFR 712.30(e) Ref. 34
oven 40 CFR 716.120(d).
----------------------------------------------------------------------------------------------------------------
66071-94-1 Corn, steep liquor HPV Challenge 40 CFR 712.30(e) Ref. 13
Program 40 CFR 716.120(d).
Sponsorship \a\
----------------------------------------------------------------------------------------------------------------
68476-80-2 Fats and No longer HPV \b\ 40 CFR 712.30(e) Ref. 35
glyceridic oils, 40 CFR 716.120(d).
vegetable,
deodorizer
distillates
----------------------------------------------------------------------------------------------------------------
68478-20-6 Residues No longer HPV \b\ 40 CFR 712.30(e) Ref. 27
(petroleum), 40 CFR 716.120(d).
steam-cracked
petroleum
distillates
cyclopentadiene
conc., C4-
cyclopentadiene-
free
----------------------------------------------------------------------------------------------------------------
68514-41-0 Ketones, C12- HPV Challenge 40 CFR 712.30(e) Ref. 22
branched Program 40 CFR 716.120(d).
Sponsorship \a\
----------------------------------------------------------------------------------------------------------------
68603-84-9 Carboxylic acids, ICCA HPV 40 CFR 712.30(e) Refs. 29 and 31
C5-9 Initiative 40 CFR 716.120(d).
Sponsorship \d\
----------------------------------------------------------------------------------------------------------------
68937-70-2 Carboxylic acids, ICCA HPV 40 CFR 712.30(e) Refs. 29 and 31
C6-18 and C8-15- Initiative 40 CFR 716.120(d).
di- Sponsorship \d\
----------------------------------------------------------------------------------------------------------------
68937-72-4 Carboxylic acids, ICCA HPV 40 CFR 712.30(e) Refs. 29 and 31
di-, C4-11 Initiative 40 CFR 716.120(d).
Sponsorship \d\
----------------------------------------------------------------------------------------------------------------
72162-28-8 2-Propanone, HPV Challenge 40 CFR 712.30(e) Ref. 28
reaction products Program 40 CFR 716.120(d).
with phenol Sponsorship \a\
----------------------------------------------------------------------------------------------------------------
\a\ HPV Challenge Program Sponsorship--EPA has accepted a new commitment letter to sponsor this chemical
substance under the voluntary HPV Challenge Program.
\b\ No longer HPV--Recent updates to the TSCA Inventory Update Rule (IUR) reporting for the 1998 and 2002
reporting cycles indicate that this chemical substance was produced/imported in the United States at aggregate
volumes less than 1 million pounds per year or the chemical substance is exempt from IUR reporting under 40
CFR 710.50(c) and 40 CFR 720.30(g).
\c\ OECD SIDS Program Sponsorship--The chemical substance has been sponsored under the Organization for Economic
Cooperation and Developments (OECD) HPV Screening Information Data Set (SIDS) Program.
\d\ ICCA HPV Initiative Sponsorship--The chemical substance has been sponsored under the International Council
of Chemical Associations (ICCA) HPV Initiative.
[[Page 57444]]
C. Economic Analysis
In the economic analysis conducted for the final TSCA section 8(a)
PAIR rule, the Agency estimated the total reporting cost to industry to
be $644,000 for all 243 chemical substances, or approximately $2,650
per chemical substance (Ref. 7). The Agency is estimated to incur an
additional $248,000 or $1,021 per chemical substance to provide public
support for the TSCA section 8(a) PAIR rule and to process the data
(Ref. 7). The total cost of the 8(a) rule, per chemical substance, is
estimated to be approximately $3,671. This final rule will withdraw 33
chemical substances from the TSCA section 8(a) PAIR rule. Therefore,
costs are estimated to be reduced by $121,143 (33 chemical substances x
$3,671 per chemical substance).
Furthermore, this final rule will also remove 33 chemical
substances from the TSCA section 8(d) Health and Safety Data Reporting
rule. The economic analysis conducted for the TSCA section 8(d) Health
and Safety Data Reporting rule estimates that the total cost to
industry is $110,000 and to the Agency is $79,000, or $453 and $325 per
chemical substance, respectively, for a total of $778 per chemical
substance (Ref. 8). Because this final rule will withdraw 33 chemical
substances from the TSCA section 8(d) Health and Safety Data Reporting
rule, the costs of the TSCA section 8(d) Health and Safety Data
Reporting rule are estimated to be reduced by $25,674 (33 chemical
substances x $778).
Therefore, the withdrawal of 33 chemical substances from the TSCA
section 8(a) and TSCA section 8(d) rules is estimated to result in a
total reduction in costs of $146,817.
IV. References
The dockets for this rule are the dockets established for the TSCA
section 8(a) PAIR rule (docket ID number EPA-HQ-OPPT-2005-0014) (Ref.
1) and the TSCA section 8(d) Health and Safety Data Reporting rule
(docket ID number EPA-HQ-OPPT-2005-0055) (Ref. 2). These dockets are
available for review as specified in ADDRESSES. The following is a
listing of the materials referenced in this document that have been
placed in the dockets:
1. EPA. 2006. Preliminary Assessment Information Reporting;
Addition of Certain Chemicals. Federal Register (71 FR 47122, August
16, 2006) (FRL-7764-9). Available on-line at: https://www.epa.gov/
fedrgstr.
2. EPA. 2006. Health and Safety Data Reporting; Addition of Certain
Chemicals. Federal Register (71 FR 47130, August 16, 2006) (FRL-7764-
7). Available on-line at: https://www.epa.gov/fedrgstr.
3. ITC. 2005. Fifty-Fifth Report of the TSCA Interagency Testing
Committee to the Administrator of the Environmental Protection Agency.
Federal Register (70 FR 7364, February 11, 2005) (FRL-7692-1).
Available on-line at: https://www.epa.gov/fedrgstr
4. ITC. 2005. Fifty-Sixth Report of the TSCA Interagency Testing
Committee to the Administrator of the Environmental Protection Agency.
Federal Register (70 FR 61519, October 24, 11, 2005) (FRL-7739-9).
Available on-line at: https://www.epa.gov/fedrgstr.
5. ITC. 2005. Fifty-Eighth Report of the TSCA Interagency Testing
Committee to the Administrator of the Environmental Protection Agency.
Federal Register (71 FR 39188, July 11, 2006) (FRL-8073-7). Available
on-line at: https://www.epa.gov/fedrgstr.
6. EPA. 2006. Policy Regarding Acceptance of New Commitments to the
High Production Volume (HPV) Challenge Program. Available on-line at:
https://www.epa.gov/chemrtk/hpvpolcy.htm.
7. EPA. 2006. Economic Analysis of the Addition of Chemicals from
the 55\th\, 56\th\, and 58\th\ ITC Reports to the TSCA 8(a) PAIR Rule.
July 10, 2006.
8. EPA. 2006. Economic Analysis of the Addition of Chemicals from
the 55\th\, 56\th\, and 58\th\ ITC Reports to the TSCA 8(d) Health and
Safety Data Reporting Rule. July 10, 2006.
9. EPA. 1999. Procedures for removing chemicals that are no longer
HPV and are not likely to become HPV again from the HPV Challenge
Program chemical list. Available on-line at: https://www.epa.gov/
chemrtk/pubs/general/nolohpv8.htm.
10. Albemarle Corporation. Commitment letter to the HPV Challenge
Program for CAS Nos. 74-97-5, 579-66-8, 28777-98-2, and 32072-96-1
submitted to the EPA Docket Center. December 28, 2005.
11. DuPont. Commitment letter to the HPV Challenge Program for CAS
No. 75-46-7 submitted to the EPA Docket Center. December 9, 2005.
12. The Dow Chemical Company. Commitment letter to the HPV
Challenge Program for CAS No. 77-86-1 submitted to the EPA Docket
Center. August 29, 2006.
13. Corn Refiners Association. Commitment letter to the HPV
Challenge Program for CAS No. 66071-94-1 submitted to the EPA Docket
Center. August 29, 2006.
14. DSM Chemicals North America, Inc. Commitment letter to the HPV
Challenge Program for CAS No. 100-64-1 submitted to the the EPA Docket
Center. June 28, 2005.
15. Rohm and Haas Company. Commitment letter to the HPV Challenge
Program for CAS No. 107-45-9 submitted to the EPA Docket Center.
December 16, 2005.
16. Bayer CropScience. Amended IUR Report 2002--HPV Challenge
Program for CAS Nos. 693-07-2, 20469-71-0, and 33509-43-2 submitted to
the EPA Docket Center. November 22, 2005.
17. Bayer CropScience. Amended IUR Report 2002--HPV Challenge
Program for CAS Nos. 693-07-2, 20469-71-0, and 33509-43-2 submitted to
the EPA Docket Center. December 15, 2005.
18. Vertellus. Commitment letter to the HPV Challenge Program for
CAS No. 3088-31-1 submitted to the EPA Docket Center. August 29, 2006.
19. OECD SIDS Program Sponsorship for CAS No. 1558-33-4. https://
cs3-hq.oecd.org/scripts/hpv/.
20. Stepan. Commitment letter to the HPV Challenge Program for CAS
No. 3088-31-1 submitted to the EPA Docket Center. March 24, 2006.
21. Arkema, Inc. Commitment Letter to the HPV Challenge Program for
CAS No. 3710-84-7 submitted to the EPA Docket Center. August 11, 2005.
22. ExxonMobil Chemical Company. Commitment letter to the HPV
Challenge Program for CAS Nos. 6863-58-7, 14666-94-5, and 68514-41-0
submitted to the EPA Docket Center. June 27, 2005.
23. Chemtura Corporation. Commitment letter to the HPV Challenge
Program for CAS No. 6865-35-6 submitted to the EPA Docket Center.
December 21, 2005.
24. Arkema Inc. Commitment letter to the HPV Challenge Program for
CAS No. 7320-37-8 submitted to the EPA Docket Center. October 21, 2005.
25. Sodium Ethyl Sulfonates Coalition. Letter requesting withdrawal
of CAS No. 61789-32-0 from the PAIR rule. Submitted to the EPA Docket
Center. August 29, 2006.
26. EPA. Response to a letter dated December 15, 2005, from the
American Coke and Coal Chemicals Institute requesting removal of CAS
No. 65996-80-7 from the HPV Challenge Program chemical list. January
17, 2006.
27. Velsicol Chemical Corporation. Letter requesting removal of CAS
No. 68476-80-2 from the HPV Challenge Program chemical list. Submitted
to the EPA Docket Center. August 25, 2006.
28. General Electric Company. Commitment letter to the HPV
Challenge Program for CAS No. 72162-28-8 submitted to the EPA Docket
Center. August 28, 2006.
[[Page 57445]]
29. The Soap and Detergent Association. Commitment letter to the
ICCA HPV Initiative for CAS Nos. 68603-84-9, 68937-70-2, and 68937-72-4
submitted to the EPA Docket Center. August 30, 2006.
30. The Dow Chemical Company. Letter confirming commitment to the
HPV Challenge Program for CAS No. 2611-00-9 submitted to the EPA Docket
Center. August 29, 2006.
31. Cognis Corporation. Commitment letter to the ICCA HPV
Initiative for CAS Nos. 68603-84-9, 68937-70-2, and 68937-72-4
submitted to the EPA Docket Center. August 23, 2006.
32. American Coke and Coal Chemicals Institute. Withdrawal request
for ammonia liquor (coal), CAS No. 65996-80-7. Submitted to EPA Docket
Center. August 30, 2006.
33. Sodium Ethyl Sulfonates Coalition. Letter requesting withdrawal
of CAS No. 61789-32-0 from the TSCA 8(d) Health and Safety Data
Reporting rule. Submitted to the EPA Docket Center. August 29, 2006.
34. American Coke and Coal Chemicals Institute. Withdrawal request
for fuel gases, coke-oven, CAS No. 65996-81-8. Submitted to EPA Docket
Center. August 30, 2006.
35. Pillsbury, Winthrop, Shaw, Pittman. Withdrawal request for fats
and glycideric oils, vegetable, deodorizer distillates, CAS No. 68476-
80-2. Submitted to EPA Docket Center. August 30, 2006.
V. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
The Office of Management and Budget (OMB) has exempted actions
under TSCA sections 8 (a) and (d) related to the PAIR and Health and
Safety Data Reporting rules from the requirements of Executive Order
12866, entitled Regulatory Planning and Review (58 FR 51735, October 4,
1993). In addition, this rule does not impose any new requirements and
will result in a burden and cost reduction; therefore it is not subject
to OMB review under the Executive order.
B. Paperwork Reduction Act
The information collection requirements contained in TSCA sections
8(a) PAIR and 8(d) Health and Safety Data Reporting rules have already
been approved by OMB under the provisions of the Paperwork Reduction
Act (PRA), 44 U.S.C. 3501 et seq., and OMB control numbers 2070-0054
(EPA ICR No. 0586) and 2070-0004 (EPA ICR No. 0575). The collection
activities in this rule are captured by the existing approval and do
not require additional review and/or approval by OMB.
C. Regulatory Flexibility Act
Because this rule eliminates reporting requirements, the Agency
certifies pursuant to section 605(b) of the Regulatory Flexibility Act
(RFA), 5 U.S.C. 601 et seq., that this revocation of certain
requirements under TSCA sections 8(a) and 8(d) will not have a
significant adverse economic impact on a substantial number of small
entities.
D. Unfunded Mandates Reform Act
Pursuant to Title II of the Unfunded Mandates Reform Act of 1995
(UMRA), Public Law 104-4, EPA has determined that this rule does not
contain a Federal mandate that may result in expenditures of $100
million or more for State, local, and tribal governments, in the
aggregate, or the private sector in any 1 year. In addition, EPA has
determined that this rule will not significantly or uniquely affect
small governments. Accordingly, the rule is not subject to the
requirements of UMRA sections 202, 203, 204, or 205.
E. Executive Order 13132: Federalism
This rule has no Federalism implications, because it will not have
substantial direct effects 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).
F. Executive Order 13175: Consultation and Coordination with Indian
Tribal Governments
This rule has no tribal implications because it will not have
substantial direct effects on one or more Indian tribes, on the
relationship between the Federal Government and Indian tribes, nor on
the distribution of power and responsibilities between the Federal
Government and Indian tribes as specified in Executive Order 13175,
entitled Consultation and Coordination with Indian Tribal Governments
(59 FR 22951, November 6, 2000).
G. Executive Order 13045: Protection of Children from Environmental
Health Risks and Safety Risks
Executive Order 13045, entitled Protection of Children from
Environmental Health Risks and Safety Risks (62 FR 19885, April
23,1997), does not apply to this rule because this is not an
economically significant regulatory action as defined under Executive
Order 12866, and it does not concern an environmental health or safety
risk that may have a disproportionate effect on children.
H. Executive Order 13211: Actions that Significantly Affect Energy
Supply, Distribution, or Use
This rule is not subject to Executive Order 13211, entitled Actions
that Significantly Affect Energy Supply, Distribution, or Use (66 FR
28355, May 22, 2001), because this action is not expected to affect
energy supply, distribution, or use.
I. National Technology Transfer and Advancement Act
Because this action does not involve any technical standards,
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), does not apply to this action.
J. Executive Order 12898: Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations
This action does not involve special considerations of
environmental justice-related issues pursuant to Executive Order 12898,
entitled Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations (59 FR 7629, February 16, 1994).
VI. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., 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 to 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 Parts 712 and 716
Environmental protection, Chemicals, Hazardous substances, Health
and safety, Reporting and recordkeeping requirements.
[[Page 57446]]
Dated: September 25, 2006.
Charles M. Auer,
Director, Office of Pollution Prevention and Toxics.
0
Therefore, 40 CFR chapter I as amended in the Federal Register of
August 16, 2006 at 71 FR 47122 and 71 FR 47130 is further amended by
the following withdrawals:
PART 712--[AMENDED]
0
1. The authority citation for part 712 continues to read as follows:
Authority: 15 U.S.C. 2607(a).
Sec. 712.30 [Amended]
0
2. In Sec. 712.30, the table in paragraph (e) is amended by removing
the chemical substances listed in the table below:
------------------------------------------------------------------------
CAS No. Substance
------------------------------------------------------------------------
74-97-5 Methane, bromochloro-
------------------------------------------------------------------------
75-46-7 Methane, trifluoro-
------------------------------------------------------------------------
77-86-1 1,3-Propanediol, 2-amino-2-
(hydroxymethyl)-
------------------------------------------------------------------------
99-51-4 Benzene, 1,2-dimethyl-4-
nitro-
------------------------------------------------------------------------
100-64-1 Cyclohexanone, oxime
------------------------------------------------------------------------
107-45-9 2-Pentanamine, 2,4,4-
trimethyl-
------------------------------------------------------------------------
579-66-8 Benzenamine, 2,6-diethyl-
------------------------------------------------------------------------
693-07-2 Ethane, 1-chloro-2-
(ethylthio)-
------------------------------------------------------------------------
1115-20-4 Propanoic acid, 3-hydroxy-
2,2-dimethyl-, 3-hydroxy-
2,2-dimethylpropyl ester
------------------------------------------------------------------------
1459-93-4 1,3-Benzenedicarboxylic
acid, dimethyl ester
------------------------------------------------------------------------
1558-33-4 Silane,
dichloro(chloromethyl)methy
l-
------------------------------------------------------------------------
2611-00-9 3-Cyclohexene-1-carboxylic
acid, 3-cyclohexen-1-
ylmethyl ester
------------------------------------------------------------------------
3088-31-1 Ethanol, 2-[2-
(dodecyloxy)ethoxy]-,
hydrogen sulfate, sodium
salt
------------------------------------------------------------------------
3710-84-7 Ethanamine, N-ethyl-N-
hydroxy-
------------------------------------------------------------------------
6863-58-7 Butane, 2,2-oxybis-
------------------------------------------------------------------------
6865-35-6 Octadecanoic acid, barium
salt
------------------------------------------------------------------------
7320-37-8 Oxirane, tetradecyl-
------------------------------------------------------------------------
14666-94-5 9-Octadecenoic acid (9Z)-,
cobalt salt
------------------------------------------------------------------------
20469-71-0 Hydrazinecarbodithioic acid,
compd. with hydrazine (1:1)
------------------------------------------------------------------------
28777-98-2 2,5-Furandione, dihydro-3-
(octadecenyl)-
------------------------------------------------------------------------
32072-96-1 2,5-Furandione, 3-
(hexadecenyl)dihydro-
------------------------------------------------------------------------
33509-43-2 1,2,4-Triazin-5(2H)-one, 4-
amino-6-(1,1-dimethylethyl)-
3,4-dihydro-3-thioxo-
------------------------------------------------------------------------
61789-32-0 Fatty acids, coco, 2-
sulfoethyl esters, sodium
salts
------------------------------------------------------------------------
65996-80-7 Ammonia liquor (coal)
------------------------------------------------------------------------
65996-81-8 Fuel gases, coke-oven
------------------------------------------------------------------------
66071-94-1 Corn, steep liquor
------------------------------------------------------------------------
68476-80-2 Fats and glyceridic oils,
vegetable, deodorizer
distillates
------------------------------------------------------------------------
68478-20-6 Residues (petroleum), steam-
cracked petroleum
distillates cyclopentadiene
conc., C4-cyclopentadiene-
free
------------------------------------------------------------------------
68514-41-0 Ketones, C12-branched
------------------------------------------------------------------------
68603-84-9 Carboxylic acids, C5-9
------------------------------------------------------------------------
68937-70-2 Carboxylic acids, C6-18 and
C8-15-di-
------------------------------------------------------------------------
68937-72-4 Carboxylic acids, di-, C4-11
------------------------------------------------------------------------
72162-28-8 2-Propanone, reaction
products with phenol
------------------------------------------------------------------------
PART 716--[AMENDED]
0
3. The authority citation for part 716 continues to read as follows:
Authority: 15 U.S.C. 2607(d).
Sec. 716.120 [Amended]
0
4. In Sec. 716.120, the table in paragraph (d) is amended by removing
the chemical substances listed in the table below:
------------------------------------------------------------------------
CAS No. Substance
------------------------------------------------------------------------
74-97-5 Methane, bromochloro-
------------------------------------------------------------------------
75-46-7 Methane, trifluoro-
------------------------------------------------------------------------
77-86-1 1,3-Propanediol, 2-amino-2-
(hydroxymethyl)-
------------------------------------------------------------------------
99-51-4 Benzene, 1,2-dimethyl-4-
nitro-
------------------------------------------------------------------------
100-64-1 Cyclohexanone, oxime
------------------------------------------------------------------------
107-45-9 2-Pentanamine, 2,4,4-
trimethyl-
------------------------------------------------------------------------
579-66-8 Benzenamine, 2,6-diethyl-
------------------------------------------------------------------------
693-07-2 Ethane, 1-chloro-2-
(ethylthio)-
------------------------------------------------------------------------
1115-20-4 Propanoic acid, 3-hydroxy-
2,2-dimethyl-, 3-hydroxy-
2,2-dimethylpropyl ester
------------------------------------------------------------------------
1459-93-4 1,3-Benzenedicarboxylic
acid, dimethyl ester
------------------------------------------------------------------------
1558-33-4 Silane,
dichloro(chloromethyl)methy
l-
------------------------------------------------------------------------
2611-00-9 3-Cyclohexene-1-carboxylic
acid, 3-cyclohexen-1-
ylmethyl ester
------------------------------------------------------------------------
3088-31-1 Ethanol, 2-[2-
(dodecyloxy)ethoxy]-,
hydrogen sulfate, sodium
salt
------------------------------------------------------------------------
3710-84-7 Ethanamine, N-ethyl-N-
hydroxy-
------------------------------------------------------------------------
6863-58-7 Butane, 2,2-oxybis-
------------------------------------------------------------------------
6865-35-6 Octadecanoic acid, barium
salt
------------------------------------------------------------------------
7320-37-8 Oxirane, tetradecyl-
------------------------------------------------------------------------
14666-94-5 9-Octadecenoic acid (9Z)-,
cobalt salt
------------------------------------------------------------------------
20469-71-0 Hydrazinecarbodithioic acid,
compd. with hydrazine (1:1)
------------------------------------------------------------------------
28777-98-2 2,5-Furandione, dihydro-3-
(octadecenyl)-
------------------------------------------------------------------------
32072-96-1 2,5-Furandione, 3-
(hexadecenyl)dihydro-
------------------------------------------------------------------------
33509-43-2 1,2,4-Triazin-5(2H)-one, 4-
amino-6-(1,1-dimethylethyl)-
3,4-dihydro-3-thioxo-
------------------------------------------------------------------------
61789-32-0 Fatty acids, coco, 2-
sulfoethyl esters, sodium
salts
------------------------------------------------------------------------
65996-80-7 Ammonia liquor (coal)
------------------------------------------------------------------------
[[Page 57447]]
65996-81-8 Fuel gases, coke-oven
------------------------------------------------------------------------
66071-94-1 Corn, steep liquor
------------------------------------------------------------------------
68476-80-2 Fats and glyceridic oils,
vegetable, deodorizer
distillates
------------------------------------------------------------------------
68478-20-6 Residues (petroleum), steam-
cracked petroleum
distillates cyclopentadiene
conc., C4-cyclopentadiene-
free
------------------------------------------------------------------------
68514-41-0 Ketones, C12-branched
------------------------------------------------------------------------
68603-84-9 Carboxylic acids, C5-9
------------------------------------------------------------------------
68937-70-2 Carboxylic acids, C6-18 and
C8-15-di-
------------------------------------------------------------------------
68937-72-4 Carboxylic acids, di-, C4-11
------------------------------------------------------------------------
72162-28-8 2-Propanone, reaction
