[Federal Register Volume 64, Number 19 (Friday, January 29, 1999)]
[Proposed Rules]
[Pages 4605-4607]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-2205]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 721

[OPPTS-50563A; FRL-6050-7]
RIN 2070-AB27


Diphenyl-2,4,6-Trimethylbenzoyl Phosphine Oxide; Withdrawal of 
Proposed Significant New Use Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Withdrawal of proposed rule.

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SUMMARY: EPA is withdrawing a proposed significant new use rule (SNUR) 
for diphenyl-2,4,6-trimethylbenzoyl phosphine oxide based on receipt of 
new data. Based on the new data the Agency no longer finds that 
activities not described in the Premanufacture Notice (PMN) for this 
substance may result in significant changes in human or environmental 
exposure.

FOR FURTHER INFORMATION CONTACT: Susan B. Hazen, Director, 
Environmental Assistance Division (7408), Office of Pollution 
Prevention and Toxics, Environmental Protection Agency, Rm. E-531, 401 
M St., SW., Washington, DC 20460, telephone: (202)

[[Page 4606]]

554-1404, TDD: (202) 554-0551; e-mail: TSCA-H[email protected].

SUPPLEMENTARY INFORMATION:
    Electronic Availability: Electronic copies of this document are 
available from the EPA Home Page at the Federal Register-Environmental 
Documents entry for this document under ``Laws and Regulations'' 
(http://www.epa.gov/fedrgstr/).
    In the Federal Register of February 2, l988 (53 FR 2857), EPA 
proposed a SNUR to be codified at 40 CFR 721.855 establishing 
significant new uses for diphenyl-2,4,6-trimethylbenzoyl phosphine 
oxide. Because of additional data EPA has received for this substance, 
EPA is withdrawing this proposed rule.

I. Background

    The Agency proposed the SNUR for diphenyl-2,4,6-trimethylbenzoyl 
phosphine oxide in the Federal Register of February 2, 1988 (53 FR 
2857). The background and reasons for the SNUR are set forth in the 
preamble of the proposed rule. After the proposed SNUR, EPA received a 
90-day oral subchronic study in rats for the substance. The study 
resulted in a No Observed Adverse Effect Level (NOAEL) of 100 
milligrams/kilograms/day (mg/kg/day). There were effects noted in the 
liver, blood, and testes at 300 and 1000 mg/kg/day but there was no 
significant evidence of neurotoxic effects at any dose. EPA had 
expressed concerns for severe neurotoxicity hazard in the proposed 
SNUR. Based on this data, EPA no longer finds that activities not 
described in the PMN may result in significant changes in human 
exposure and is withdrawing the proposed rule.

II. Rationale for Withdrawal of the Proposed Rule

    During review of the PMNs submitted for the chemical substance that 
is the subject of this withdrawal, EPA concluded that regulation was 
warranted based on available information that indicated activities not 
described in the PMN might result in significant changes in human 
exposure. Based on these findings, a SNUR was proposed.
    Based on the submitted test data, EPA no longer finds that 
activities other than those described in the PMN may result in 
significant changes in human exposure. Therefore, EPA is withdrawing 
the proposed SNUR for this chemical substance. When this withdrawal is 
published in the Federal Register, export notification under section 
12(b) of TSCA will no longer be required.

III. Public Record

    The official record for this proposed rule, as well as the public 
version, has been established for this proposed rule under docket 
control number OPPTS-50563A (including comments and data submitted 
electronically). A public version of this record, including printed, 
paper versions of electronic comments, which does not include any 
information claimed as CBI, is available for inspection from 12 noon to 
4 p.m., Monday through Friday, excluding legal holidays. The official 
record is located in the TSCA Nonconfidential Information Center, Rm. 
NE-B607, 401 M St., SW., Washington, DC.

IV. Regulatory Assessment Requirements

A. Certain Acts and Executive Orders

    This proposed rule does not impose any requirements. As such, this 
action does not require review by the Office of Management and Budget 
(OMB) under Executive Order 12866, entitled Regulatory Planning and 
Review (58 FR 51735, October 4, 1993), the Paperwork Reduction Act 
(PRA), 44 U.S.C. 3501 et seq., or Executive Order 13045, entitled 
Protection of Children from Environmental Health Risks and Safety Risks 
(62 FR 19885, April 23, 1997). For the same reason, it does not require 
any action under Title II of the Unfunded Mandates Reform Act of 1995 
(UMRA) (Pub. L. 104-4) or Executive Order 12898, entitled Federal 
Actions to Address Environmental Justice in Minority Populations and 
Low-Income Populations (59 FR 7629, February 16, 1994). In addition, 
since this type of action does not require any proposal, no action is 
needed under the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et 
seq.).

B. Executive Order 12875

    Under Executive Order 12875, entitled Enhancing the 
Intergovernmental Partnership (58 FR 58093, October 28, 1993), EPA may 
not issue a regulation that is not required by statute and that creates 
a mandate upon a State, local, or tribal government, unless the Federal 
government provides the funds necessary to pay the direct compliance 
costs incurred by those governments. If the mandate is unfunded, EPA 
must provide to OMB a description of the extent of EPA's prior 
consultation with representatives of affected State, local, and tribal 
governments, the nature of their concerns, copies of any written 
communications from the governments, and a statement supporting the 
need to issue the regulation. In addition, Executive Order 12875 
requires EPA to develop an effective process permitting elected 
officials and other representatives of State, local, and tribal 
governments ``to provide meaningful and timely input in the development 
of regulatory proposals containing significant unfunded mandates.''
    Today's proposed rule does not create an unfunded Federal mandate 
on State, local, or tribal governments. The proposed rule does not 
impose any enforceable duties on these entities. Accordingly, the 
requirements of section 1(a) of Executive Order 12875 do not apply to 
this proposed rule.

C. Executive Order 13084

    Under Executive Order 13084, entitled Consultation and Coordination 
with Indian Tribal Governments (63 FR 27655, May 19, 1998), EPA may not 
issue a regulation that is not required by statute, that significantly 
or uniquely affects the communities of Indian tribal governments, and 
that imposes substantial direct compliance costs on those communities, 
unless the Federal government provides the funds necessary to pay the 
direct compliance costs incurred by the tribal governments. If the 
mandate is unfunded, EPA must provide to OMB, in a separately 
identified section of the preamble to the rule, a description of the 
extent of EPA's prior consultation with representatives of affected 
tribal governments, a summary of the nature of their concerns, and a 
statement supporting the need to issue the regulation. In addition, 
Executive Order 13084 requires EPA to develop an effective process 
permitting elected officials and other representatives of Indian tribal 
governments ``to provide meaningful and timely input in the development 
of regulatory policies on matters that significantly or uniquely affect 
their communities.''
    Today's proposed rule does not significantly or uniquely affect the 
communities of Indian tribal governments. This proposed rule does not 
involve or impose any requirements that affect Indian tribes. 
Accordingly, the requirements of section 3(b) of Executive Order 13084 
do not apply to this proposed rule.

List of Subjects in 40 CFR Part 721

    Environmental protection, Chemicals, Hazardous substances, 
Reporting and recordkeeping requirements.


[[Page 4607]]


    Dated: January 19, 1999.

Charles M. Auer,

Director, Chemical Control Division, Office of Pollution Prevention and 
Toxics.

[FR Doc. 99-2205 Filed 1-28-99; 8:45 am]
BILLING CODE 6560-50-F