[Federal Register Volume 59, Number 146 (Monday, August 1, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-18560]


[[Page Unknown]]

[Federal Register: August 1, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 799

[OPPTS-42168; FRL 4642-3]

 

Testing Consent Order For Bisphenol A Diglycidyl Ether

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final Consent Agreement and Order; Final rule.

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SUMMARY: EPA has issued a Testing Consent Order that incorporates an 
Enforceable Consent Agreement (ECA) pursuant to the Toxic Substances 
Control Act (TSCA), with the Dow Chemical Company, Shell Oil Company, 
and Ciba-Geigy Corporation, (the Companies) who have agreed to perform 
certain health effects tests and an exposure evaluation test with 
bisphenol A diglycidyl ether (DGEBPA; CAS No. 1675-543). This document 
summarizes the ECA, amends 40 CFR 799.5000 by adding DGEBPA to the list 
of chemical substances and mixtures subject to ECAs and deletes DGEBPA 
from the proposed test rule for the category glycidol and its 
derivatives. Accordingly, the export notification requirements of 40 
CFR part 707 apply to DGEBPA.

EFFECTIVE DATE: August 1, 1994.

FOR FURTHER INFORMATION CONTACT: Susan Hazen, Director, Environmental 
Assistance Division (7408), Office of Pollution Prevention and Toxics, 
Rm. E-543B, 401 M St., SW., Washington, DC 20460, (202) 554-1404, TDD 
(202) 554-0551.

SUPPLEMENTARY INFORMATION: This document amends 40 CFR 799.5000 by 
adding DGEBPA to the list of chemical substances and mixtures subject 
to ECAs and export notification requirements.

I. Regulatory History

A. ITC Designation

    In its Third Report to the Administrator of the Environmental 
Protection Agency, published in the Federal Register on October 30, 
1978 (43 FR 50630), the Interagency Testing Committee (ITC) designated 
the category of ``glycidol and its derivatives'' for priority 
consideration for health effects testing in the following areas: 
mutagenicity, carcinogenicity, and other adverse health effects, with 
particular emphasis on the reproductive system. Epidemiology studies 
were also recommended. The rationale for the original designation is 
discussed in the Federal Register of October 30, 1978 (43 FR 50630). 
This chemical category was defined by the ITC as all substances of the 
general formula:

TR01AU94.012

where R is a hydrogen atom or any alkyl, aryl, or acyl group. R is 
unrestricted as to the number and type of substitutes it may carry.
    In evaluating the testing needs for glycidyls, EPA considered all 
relevant information, including the following: information presented in 
the ITC's report; information regarding production volume, use, 
exposure, and release reported by manufacturers of glycidyls under the 
TSCA section 8(a) Preliminary Assessment Information Rule (40 CFR part 
712); health and safety studies submitted under TSCA section 8(d) 
Health and Safety Reporting Rule (40 CFR part 716) for glycidyls; and 
published and unpublished information available to EPA. On December 30, 
1983, EPA published an advanced notice of proposed rulemaking (ANPR) in 
the Federal Register (48 FR 57562) to require testing glycidyls under 
section 4(a) of TSCA.
    EPA evaluated and responded to public comments on the ANPR in a 
document (Ref. 1), entitled ``Support Document for Glycidol and its 
Derivatives: Responses to Public Comments on the Advance Notice of 
Proposed Rulemaking'' (December, 1989).
    In addition, EPA developed a technical support document for 
glycidol and its derivatives (Ref. 2). This document includes data on 
the identity and chemical/physical properties of the substances 
contained in this chemical category, as well as information on the 
production, uses, chemical fate, human exposure, and health effects for 
these substances. Subsequently, EPA summarized the information in this 
technical support document, as well as more recent information from 
other sources, in an additional support document for glycidyls (Ref. 3) 
outlining the data supporting EPA's findings under section 4(a)(1) of 
TSCA for certain substances contained in the category.
    A meeting was held on May 17, 1984, between representatives from 
the Epoxy Resins Program Panel of the Chemical Manufacturers 
Association (CMA) and EPA personnel concerning this chemical category. 
Meetings were also held on January 25, 1989, and May 17, 1989, between 
EPA and representatives of various working units of the Society of the 
Plastics Industry, Inc. (SPI). An Epoxides Workshop was held on April 
25, 1990, at which EPA personnel and representatives of SPI were 
scheduled to discuss, among other topics, the glycidyls testing 
category as it relates to the broader issues concerning epoxides in 
general. Copies of the overhead slides, which were supplied in advance 
to SPI, have been placed in the record for the proposed rulemaking, 
along with summaries of the meetings held and copies of all support 
documents.

B. Proposed Test Rule

    EPA published a proposed test rule for the category glycidol and 
its derivatives (56 FR 57144, November 7, 1991). EPA proposed health 
effects testing which included testing for subchronic toxicity, 
developmental toxicity, reproductive toxicity, neurotoxicity, 
mutagenicity, and oncogenicity.
    EPA evaluated the public comments submitted after the test rule was 
proposed and responded to these comments in a document entitled 
``Support Document for Glycidol and its Derivatives: Responses to 
Public Comments on the Proposed Rulemaking; DGEBPA'' (July, 1993) (Ref. 
4).

C. Enforceable Consent Agreement Negotiations

    On July 17, 1992, EPA published a Federal Register notice (57 FR 
31714) announcing an ``open season.'' The ``open season'' was a period 
during which manufacturers could submit to EPA proposals for testing 
chemical substances which had been proposed for testing by EPA but had 
not been subject to a final test rule. In that notice, EPA indicated 
that it would review the submissions and select candidates for 
negotiation of ECAs pursuant to 40 CFR part 790. EPA also indicated 
that it would later publish a Federal Register notice soliciting 
persons interested in participating in or monitoring negotiations for 
the development of ECAs on the chemicals selected.
    On March 30, 1993, EPA published a Federal Register notice (58 FR 
16669) announcing candidates selected for ECA negotiations and 
requesting that interested parties identify themselves to EPA. One of 
the glycidyls, DGEBPA, was selected. The notice established EPA's 
priority for initiating negotiations on the chemicals selected, and 
DGEBPA was among the chemicals assigned a high priority. The notice 
announced tentative dates for starting negotiations on DGEBPA and the 
other high-priority chemicals.
    The Dow Chemical Company, Shell Oil Company, and Ciba-Geigy 
Corporation identified themselves through their agent, SPI, as 
interested parties. On May 18, 1993, EPA held a public meeting attended 
by representatives of interested parties. At the public meeting, SPI, 
on behalf of its member companies, presented a proposed testing plan 
and provided test protocols (Ref. 5) which would characterize the 
potential of DGEBPA for oncogenicity, neurotoxicity, male reproductive 
toxicity, and mutagenicity. In addition, SPI offered to undertake a 
glove permeability study and to implement a product stewardship program 
as a means of assessing and reducing worker exposure to DGEBPA. EPA 
also made available its draft proposal for testing on DGEBPA.
    On June 1, 1993, EPA requested additional information from SPI to 
be used in conjunction with evaluating the testing plan (Ref. 6). In 
response to EPA's request, SPI submitted information (Refs. 7 through 
15) and requested an opportunity to meet with EPA again.
    On June 29, 1993, EPA convened a second public meeting attended by 
representatives of interested parties. At the public meeting, SPI, on 
behalf of its member companies, presented a testing proposal and test 
protocols (Ref. 16). Protocols were presented for a 2-year bioassay, a 
subchronic study (with satellite studies for testing for reproductive 
toxicity, neurotoxicity, and mutagenicity); all studies would be 
conducted via the dermal route of exposure. In addition, SPI reiterated 
its offer to perform a glove permeability study and implement a product 
stewardship program for DGEBPA.
    EPA proposed that all testing of DGEBPA be conducted via the oral 
route of administration. After consideration of SPI's proposed testing 
plan and review of new information (Refs. 17, 18 and 19) submitted to 
EPA by SPI, EPA has determined that testing via the dermal route of 
exposure is consistent with DGEBPA's physical properties and the 
typical route of human exposure to DGEBPA, that significant systemic 
absorption occurs when DGEBPA is applied dermally, and that a higher 
percentage of parent compound will be absorbed if administered dermally 
than if given orally and extensively hydrolyzed at acid pH of the 
stomach. For these reasons, testing via the dermal route of exposure is 
appropriate.
    EPA proposed testing DGEBPA for developmental toxicity. After 
considering new information presented to EPA by SPI (Refs. 20, 21 and 
22), EPA has determined that sufficient information already exists to 
evaluate the potential for developmental toxicity from exposure to 
DGEBPA. For this reason, further tests are not needed at this time.
    EPA proposed testing DGEBPA for mutagenicity1. After 
consideration of SPI's proposed testing plan and new information 
presented to EPA by SPI (Ref. 7), EPA has determined that for many of 
the tests proposed, information has already been developed; thus these 
tests are no longer necessary.
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    \S\pecifically, EPA proposed the salmonella typhimurium, reverse 
mutation assay, detection of gene mutations in somatic cells in 
culture, sex linked recessive lethal test in drosophila 
melanogaster, a mouse specific-locus assay or mouse biochemical 
specific assay, in vitro mammalian cytogenetics assay, in vivo 
mammalian cytogenetics assay, rodent dominant lethal assay, and a 
rodent heritable translocation assay for DGEBPA.
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    The Companies have agreed to perform testing for oncogenicity, 
subchronic toxicity, reproductive toxicity, and neurotoxicity, and 
glove permeability by specified dates according to test standards 
described below. In addition, the Companies are voluntarily developing 
and implementing a DGEBPA product stewardship program (PSP) that 
includes the following primary elements: application and communication 
of health and safety data; new data development; pollution prevention, 
waste minimization, and other exposure reduction actions; and 
continuous improvement in measurement and reporting activities. EPA 
believes that this PSP makes significant progress toward reducing the 
potential risk of injury to health and the environment posed by 
exposure to DGEBPA. The results of the testing program in the DGEBPA 
ECA are expected to aid in the periodic EPA and industry evaluation of 
the PSP to determine its adequacy and effectiveness.

II. Production, Use, and Exposure

    DGEBPA and other glycidyl derivatives are produced by reacting 
epichlorohydrin with a compound having one or more active hydrogen 
atoms, followed by dehydrohalogenation (Ref. 23). On the basis of the 
Inventory Update Rule (40 CFR part 710, subpart B) or from other 
sources, EPA estimates annual production volume for DGEBPA to be 
approximately 400 million pounds (Ref. 5). The production volume of 
DGEBPA, represents greater than 95 percent of the total volume of 
production for the entire category of glycidol and its derivatives.
    The uses for all glycidyls are listed in the technical support 
document developed after the ANPR was published (Ref. 2). Primarily, 
DGEBPA is the principal component in epoxy resins. Other glycidyl 
compounds are used as reactive diluents. Resins which are then reacted 
with curing agents to yield high performance thermosetting plastics, 
used in a large variety of application such as strong adhesives or 
coatings.
    Glycidol and its esters and ethers are produced within ``closed 
systems'' (Refs. 24 and 25); however, EPA believes that some worker 
exposure may occur during this production process, due to intermittent 
high-level exposures during maintenance operations, or resulting from 
spills or leaks from the ``closed systems.''
    In addition, workers may be exposed by the dermal and inhalation 
routes to glycidyl derivatives during the processing of glycidyl ethers 
and esters for various uses, particularly since these processes are 
generally conducted in an open system (Ref. 24). The National Institute 
for Occupational Safety and Health (NIOSH) has estimated the number of 
workers potentially exposed to glycidol and its derivatives, and these 
estimates appear in an exposure support document prepared for the 
proposed rulemaking (Ref. 24). NIOSH has estimated that 36,697 workers 
in the United States are potentially exposed to glycidol, that 52,838 
workers may be exposed to glycidyl ethers, and that 42,469 workers may 
be exposed to glycidyl esters. Furthermore, recent estimates suggest 
that up to 3 million people in the United States may be exposed to 
DGEBPA through the consumer and commercial use of epoxy resins (Ref. 
25).

III. Testing Program

    The Companies have agreed to complete the following testing:

                  Table 1.--Testing Required For DGEBPA                 
------------------------------------------------------------------------
                                        Deadline for                    
  Description of   Test Standard (40    Final Reports     Final Report  
      Tests          CFR citation)        Months\1\         Date\2\     
------------------------------------------------------------------------
2-year Bioassay..  798.3320 as        53                8               
                    amended                                             
                    (Appendix I)                                        
Subchronic         798.2250 as        21                3               
 Toxicity Study.    amended                                             
                    (Appendix II)                                       
Functional         798.6050 as        21                3               
 Observation        amended                                             
 Battery:           (Appendix III)                                      
 subchronic.                                                            
Motor Activity     798.6200 as        21                3               
 Test: subchronic.  amended                                             
                    (Appendix III)                                      
Neuropathology:    798.6400 as        21                3               
 subchronic.        amended                                             
                    (Appendix III)                                      
Functional         798.6050 as        12\4\             1               
 Observation        amended                                             
 Battery:           (Appendix IV)                                       
 acute\3\.                                                              
Motor Activity     798.6200 as        12\6\             1               
 Test: acute\5\.    amended                                             
                    (Appendix IV)                                       
Neuropathology     798.6400 as        12\8\             1               
 Test: acute\7\.    amended                                             
                    (Appendix IV)                                       
Reproductive       798.4700 as        21                3               
 Toxicity Test.     amended                                             
                    (Appendix V)                                        
Glove              ASTM as amended    12                1               
 Permeability       (Appendix VI)                                       
 Test.                                                                  
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\1\ Number of months after the effective date of the Consent Order.     
\2\ Interim reports are required every 6 months from the effective date 
  until the final report is submitted. This column shows the number of  
  interim reports required for each test.                               
\3\ If the Agency determines that the results of the subchronic study   
  are not negative, then this required testing must be performed.       
\4\ Figure indicates that reporting deadline, in months, calculated from
  the date of notification of the test sponsor by certified letter or   
  Federal Register notice, that the Agency has determined that this     
  required testing must be performed.                                   
\5\ If the Agency determines that the results of the subchronic study   
  are not negative, then this required testing must be performed.       
\6\ Figure indicates that reporting deadline, in months, calculated from
  the date of notification of the test sponsor by certified letter or   
  Federal Register notice, that the Agency has determined that this     
  required testing must be performed.                                   
\7\ If the Agency determines that the results of the subchronic study   
  are not negative, then this required testing must be performed.       
\8\ Figure indicates that reporting deadline, in months, calculated from
  the date of notification of the test sponsor by certified letter or   
  Federal Register notice, that the Agency has determined that this     
  required testing must be performed.                                   

IV. Export Notification

    The issuance of the ECA and Order subjects any persons who export 
or intend to export the chemical substance, DGEBPA (CAS No. 1675-54-3), 
of any purity, to the export notification requirements of section 12(b) 
of TSCA and the regulations promulgated pursuant to it at 40 CFR part 
707. The listing of the chemical substance or mixture at 40 CFR 
799.5000 serves as a notification to persons who intend to export such 
chemical substance or mixture that the substance or mixture is the 
subject of an ECA and Order and 40 CFR part 707 applies.

V. Deletion from Proposed Rule

    EPA and the Companies have agreed that the DGEBPA testing 
requirements in the proposed rule will be met by implementing the ECA 
and Order, and the issuance of the ECA and Order by EPA constitutes 
final EPA action for purposes of 5 U.S.C. 704. Therefore, the proposed 
testing rule of DGEBPA, in the proposed test rule for the category 
glycidol and its derivatives, published at 56 FR 57144, November 7, 
1991, will not be adopted as final.

VI. Public Record

A. Supporting Documentation

    EPA has established a record for this ECA and Order, under docket 
number OPPTS-42168, which is available for inspection Monday through 
Friday, excluding legal holidays, in the TSCA Nonconfidential 
Information Center, NE B607 401 M St., SW., Washington, DC., 20460, 
from 1 p.m. to 4 p.m. Information claimed as Confidential Business 
Information (CBI) while a part of the record, is not available for 
public review. This record contains the basic information considered in 
developing this ECA and Order and includes the following information:
    (1) Testing Consent Order for DGEBPA, with incorporated Enforceable 
Consent Agreement and associated testing protocols attached as 
appendices.
    (2) Federal Register notices pertaining to this notice and the 
Testing Consent Order incorporating the ECA consisting of:
    (a) Notice of Proposed Rulemaking for Glycidol and its Derivatives, 
(November 7, 1991, 56 FR 57144).
    (b) Notice announcing opportunity to initiate negotiations for TSCA 
section 4 testing consent agreements (July 17, 1992, 57 FR 31714).
    (3) Communications consisting of:
    (a) Written letters.
    (b) Contact reports of telephone summaries.
    (c) Meeting summaries.
    (4) Reports - published and unpublished factual materials.

B. References

    (1) USEPA, U.S. Environmental Protection Agency. Test Rules 
Development Branch. ``Support Document for Glycidol and its 
Derivatives: Responses to Comments on the Advance Notice of Proposed 
Rulemaking.'' (December, 1989).
    (2) Syracuse Research Corporation. ``Draft Final Technical 
Support Document: Glycidol and its Derivatives.'' (November 11, 
1986).
    (3) USEPA. U.S. Environmental Protection Agency. Test Rules 
Development Branch. ``Support Document for Glycidol and its 
Derivatives: Review of Available Health Effects Data.'' (October, 
1987).
    (4) USEPA. U.S. Environmental Protection Agency. Chemical 
Testing and Information Branch. ``Support Document for Glycidol and 
its Derivatives: Responses to Comments on the Proposed Rulemaking; 
Bisphenol A diglycidyl ether.'' (September, 1993).
    (5) The Society of the Plastics Industry, Inc. ``DGEBPA 
Enforceable Consent Agreement Presentation.'' (May 18, 1993).
    (6) USEPA. U.S. Environmental Protection Agency. ``Diglycidyl 
ether of Bisphenol A, Review of Testing Proposal,'' letter from 
Keith J. Cronin to Lynn R. Harris (Society of the Plastics Industry 
Inc.). (June, 1993).
    (7) Pullin, Terry, G. Report to the Dow Chemical Company 
entitled: ``Integrated Mutagenicity Testing Program on Several Epoxy 
Compounds.'' (December 28, 1977).
    (8) Bently, et al., ``Hydrolysis of bisphenol A diglycidyl ether 
by epoxide hydrolases in cytosolic and microsomal fractions of mouse 
liver and skin: inhibition by bis epoxycyclopentylether and the 
effects upon the covalent binding to mouse skin DNA.'' 
Carcinogenesis, vol. 10, no. 2 pp. 321-327, 1989.
    (9) Magdalou, J., and Hammock, B. ``1,2 Epoxycycloalkanes: 
Substrates and Inhibitors of Microsomal and Cytosolic Epoxide 
Hydrolases in Mouse Liver.'' Biochemical Pharmacology, vol. 37, no. 
14, pp. 2717-2722, 1988.
    (10) DiGiovanni, J. ``Multistage Carcinogenesis in Mouse Skin.'' 
Pharmacology Therapeutics, vol. 54, pp. 63-128, 1992
    (11) Li, D., and Randerath, K. ``Strain differences of I-
compounds in relation to organ sites of spontaneous tumorigenesis 
and non-neoplastic renal diseases in mice.'' Carcinogenesis, vol. 
11, no. 2 pp. 251-255, 1990.
    (12) Rao, et al. ``Mouse Strains for Chemical Carcinogenicity 
Studies: Overview of Workshop.'' Fundamental and Applied Toxicology, 
vol. 10, pp. 385-394, 1988.
    (13) USEPA. U.S. Environmental Protection Agency. Summary of: 
``Workshop on Carcinogenesis Bioassay via the Dermal Route.'' (April 
29, 1987).
    (14) USEPA. U.S. Environmental Protection Agency. Summary of: 
``Second EPA Workshop on Carcinogenesis via the Dermal Route.'' (May 
18, 1988).
    (15) USEPA. U.S. Environmental Protection Agency. Office of 
Pesticides and Toxic Substances. Atlas of Dermal Lesions (August, 
1990).
    (16) The Society of the Plastics Industry, Inc. ``DGEBPA 
Enforceable Consent Agreement Presentation.'' (June 29, 1993).
    (17) Nolan, R., and Unger, L. Report to the Dow Chemical Company 
entitled: ``Diglycidyl Ether of Bisphenol A (DGEBPA): Fate in Male 
Fischer 344 Rats (Probe).'' (December 15, 1981).
    (18) Climie, et al. ``Metabolism of the epoxy resin component 
2,2-bis[4-(2,3-epoxypropoxy)phenyl]propane, the diglycidyl ether of 
bisphenol A (DGEBPA) in the mouse.'' Part I ``A comparison of the 
fate of a single oral dose of 14C-DGEBPA.'' Xenobiotica, vol. 11, 
no.6, pps 391-300, 1981.
    (19) Climie, et al. ``Metabolism of the epoxy resin component 
2,2-bis[4-(2,3-epoxypropoxy)phenyl]propane, the diglycidyl ether of 
bisphenol A (DGEBPA) in the mouse.'' Part II - ``Identification of 
metabolites in urine and faeces following a single oral dose of 14C-
DGEBPA.'' Xenobiotica, vol.11, no.6, pps 401-424, 1981.
    (20) Smith, et al. Report to Ciba-Geigy Ltd., entitled: ``A 
Study of the Effect of TK 10490 on the Pregnancy of the Rat.'' (July 
19, 1988).
    (21) Smith, et al. Report to Ciba-Geigy Ltd., entitled: ``A 
Study of the Effect of TK 10490 on the Pregnancy of the Rabbit.'' 
(July 19, 1988).
    (22) Smith, et al. Report to Ciba-Geigy Ltd., entitled: ``A 
Study of the Effect of TK 10490 on Reproductive Function of One 
Generation in the Rat.'' (February 2, 1989).
    (23) Lee, H., and Neville, K. ``Epoxy Resins.'' In: Encyclopedia 
of Polymer Science and Technology, vol. 6. N.M. Bikales, and J. 
Conrad, eds. New York, NY: Interscience Publishers, pp. 209-271. 
(1967).
    (24) JRB Associates. ``TSCA Section 4 Human Exposure Assessment: 
Glycidol and its Derivatives (Final Report).'' (February 4, 1982).
    (25) Versar, Inc. ``Consumer Exposure to the Glycidols (Draft 
Final Report).'' (December 1, 1983).

VII. Regulatory Assessment Requirements

    The Office of Management and Budget (OMB) has approved the 
information collection requirements contained in this Consent Order 
under the provisions of the Paperwork Reduction Act of 1980, 44 U.S.C. 
3501 et seq., and has assigned OMB control number 2070-0033.
    Public reporting burden for this collection of information is 
estimated to average 586 hours per response. The estimates include time 
for reviewing instructions, searching existing data sources, gathering 
and maintaining the data needed, and completing the collection of 
information.

List of Subjects in 40 CFR Part 799

    Chemicals, Chemical export, Environmental protection, Hazardous 
substances, Health effects, Laboratories, Reporting and recordkeeping 
requirements, and Testing.

    Dated: July 8, 1994.

Susan H. Wayland,
Acting Assistant Administrator for Prevention, Pesticides and Toxic 
Substances.

    Therefore, 40 CFR chapter I, subchapter R, part 799 is amended as 
follows:

PART 799--[AMENDED]

    1. The authority citation continues to read as follows:
    Authority: 15 U.S.C. 2603, 2611, 2625.

    2. Section 799.5000 is amended by revising the section heading to 
read as set forth below and by adding bisphenol A diglycidyl ether to 
the table in CAS Number order, to read as follows:


Sec. 799.5000   Testing Consent Orders for Substances and Mixtures with 
Chemical Abstract Service Registry Numbers.

  
* * * * *

------------------------------------------------------------------------
                      Substance or                       FR Publication 
   CAS Number        Mixture name         Testing             date      
------------------------------------------------------------------------
                                                                        
                              * * * * * * *                             
4675-54-3........  Bisphenol A        Health effects    August 1, 1994  
                    diglycidyl ether  Exposure                          
                                       evaluation                       
                                                                        
                              * * * * * * *                             
------------------------------------------------------------------------


[FR Doc. 94-18560 Filed 7-29-94; 8:45 am]
BILLING CODE 6560-50-F