[Federal Register Volume 67, Number 39 (Wednesday, February 27, 2002)]
[Notices]
[Pages 8972-8973]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-4304]


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ENVIRONMENTAL PROTECTION AGENCY

[OPPTS-59383; FRL-6825-2]


Approval of Test Marketing Exemption for a Certain New Chemical

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces EPA's approval of an application for 
test marketing exemption (TME) under section 5(h)(1) of the Toxic 
Substances Control Act (TSCA) and 40 CFR 720.38. EPA has designated 
this application as TME-02-0006. The test marketing conditions are 
described in the TME application and in this notice.

DATES: Approval of this TME is effective February 11, 2002.

FOR FURTHER INFORMATION CONTACT: For general information contact: 
Barbara Cunningham, Director, Environmental Assistance Division 
(7408M), Office of Pollution Prevention and Toxics, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; 
telephone number: (202) 554-1404; e-mail address: [email protected].
    For technical information contact: Jamesine Rogers, New Chemicals 
Notice Management Branch, Chemical Control Division (7405M), Office of 
Pollution Prevention and Toxics, Environmental Protection Agency, 1200 
Pennsylvania Ave., NW., Washington, DC 20460; telephone number: (202) 
564-3453; e-mail address: [email protected].

SUPPLEMENTARY INFORMATION:

I. Does this Action Apply to Me?

    This action is directed in particular to the chemical manufacturer 
and/or importer who submitted the TME to EPA. This action may, however, 
be of interest to the public in general. Since other entities may also 
be interested, the Agency has not attempted to describe all the 
specific entities that may be affected by this action. 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.

II. How Can I Get Additional Information, Including Copies of this 
Document or Other Related Documents?

    1. Electronically. You may obtain electronic copies of this 
document, and certain other related documents that might be available 
electronically, from the EPA Internet Home Page at http://www.epa.gov/. 
To access this document, on the Home Page select ``Laws and 
Regulations,'' ``Regulations and Proposed Rules,'' and then look up the 
entry for this document under the ``Federal Register--Environmental 
Documents.'' You can also go directly to the Federal Register listings 
at http://www.epa.gov/fedrgstr.
    2. In person. The Agency has established an official record for 
this action under docket control number OPPTS-59383. The official 
record consists of the documents specifically referenced in this 
action, any public comments received during an applicable comment 
period, and other information related to this action, including any 
information claimed as Confidential Business Information (CBI). This 
official record includes the documents that are physically located in 
the docket, as well as the documents that are referenced in those 
documents. The public version of the official record does not include 
any information claimed as CBI. The public version of the official 
record, which includes printed, paper versions of any electronic 
comments submitted during an applicable comment period, is available 
for inspection in the TSCA Nonconfidential Information Center, North 
East Mall Rm. B-607, Waterside Mall, 401 M St., SW., Washington, DC. 
The Center is open from noon to 4 p.m., Monday through Friday, 
excluding legal holidays. The telephone number of the Center is (202) 
260-7099.

III. What is the Agency's Authority for Taking this Action?

    Section 5(h)(1) of TSCA and 40 CFR 720.38 authorizes EPA to exempt 
persons from premanufacture notification (PMN) requirements and permit 
them to manufacture or import new chemical substances for test 
marketing purposes, if the Agency finds that the manufacture, 
processing, distribution in commerce, use, and disposal of the 
substances for test marketing purposes will not present an unreasonable 
risk of injury to health or the environment. EPA may impose 
restrictions on test marketing activities and may modify or revoke a 
test marketing exemption upon receipt of new information which casts 
significant doubt on its finding that the test marketing activity will 
not present an unreasonable risk of injury.

IV. What Action is the Agency Taking?

    EPA approves the above-referenced TME. EPA has determined that test 
marketing the new chemical substance, under the conditions set out in 
the TME application and in this notice, will not present any 
unreasonable risk of injury to health or the environment.

V. What Restrictions Apply to this TME?

    The test market time period, production volume, number of 
customers, and use must not exceed specifications in the application 
and this notice. All other conditions and restrictions described in the 
application and in this notice must also be met.
    TME-02-0006
    Date of Receipt: December 6, 2001.
    Notice of Receipt: January 17, 2002, (67 FR 2436) (FRL-6819-9).
    Applicant: CBI.
    Chemical: (G) Ester of a disubstituted heteropolycyclic carboxylic 
acid.
    Use: (G) Coating component.
    Production Volume: CBI.
    Number of Customers: CBI.
    Test Marketing Period: 120 days, commencing on first day of 
commerical manufacture.
    The following additional restrictions apply to this TME. A bill of 
lading accompanying each shipment must state that the use of the 
substance is restricted to that approved in the TME. In addition, the 
applicant shall maintain the following records until 5 years after the 
date they are created, and shall make them available for inspection or 
copying in accordance with section 11 of TSCA:
    1. Records of the quantity of the TME substance produced and the 
date of manufacture.

[[Page 8973]]

    2. Records of dates of the shipments to each customer and the 
quantities supplied in each shipment.
    3. Copies of the bill of lading that accompanies each shipment of 
the TME substance.

VI. What was EPA's Risk Assessment for this TME?

    EPA identified concerns for developmental toxicity, mutagenicity 
and photosensitization which are attributed to phenothiazines as a 
class. There is also concern for oncogenicity based upon an additional 
class with which the TME substance is associated. However, production 
volume is low and minimal inhalation is expected. Concern for potential 
ecotoxicity is low based upon low toxicity of the TME substance. 
Therefore, the test market activities will not present an unreasonable 
risk of injury to human health or the environment.

VII. Can EPA Change Its Decision on this TME in the Future?

    Yes. The Agency reserves the right to rescind approval or modify 
the conditions and restrictions of an exemption should any new 
information that comes to its attention cast significant doubt on its 
finding that the test marketing activities will not present any 
unreasonable risk of injury to human health or the environment.

List of Subjects

    Environmental protection, Test marketing exemptions.

    Dated: February 11, 2002.
Rebecca S. Cool,
Chief, New Chemicals Prenotice Management Branch, Office of Pollution 
Prevention and Toxics.
[FR Doc. 02-4304 Filed 2-26-02; 8:45 am]
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