34832
Federal
Register
/
Vol.
68,
No.
112
/
Wednesday,
June
11,
2003
/
Rules
and
Regulations
SUMMARY:
Because
EPA
received
adverse
comment,
we
are
withdrawing
certain
portions
of
the
direct
final
rule
for
the
Effluent
Limitations
Guidelines,
Pretreatment
Standards,
and
New
Source
Performance
Standards
for
the
Pharmaceutical
Manufacturing
Point
Source
Category.
The
direct
final
rule
published
on
March
13,
2003
(
68
FR
12265)
made
three
amendments
to
the
final
regulations
published
on
September
21,
1998
(
63
FR
50424)
and
non­
substantive
editorial
and
format
changes.
We
stated
in
the
direct
final
rule
that
if
we
received
adverse
comment
by
May
12,
2003,
we
would
publish
a
timely
notice
of
withdrawal
in
the
Federal
Register.
We
subsequently
received
adverse
comment
on
the
direct
final
rule.
We
will
address
that
comment
in
a
subsequent
final
action
based
on
the
parallel
proposal
also
published
on
March
13,
2003
(
68
FR
12276).
As
stated
in
the
parallel
proposal,
we
will
not
institute
a
second
comment
period
on
this
action.
DATES:
As
of
June
11,
2003,
EPA
withdraws
amendments
to
§
§
439.17
(
a)
and
(
b),
439.27(
a)
and
(
b),
439.37(
a)
and
(
b),
and
439.47(
a)
and
(
b)
published
at
68
FR
12265,
on
March
13,
2003.
Revisions
to
the
introductory
text
and
paragraph
(
a)
of
§
§
439.17
and
439.37
are
effective
on
June
11,
2003.
The
remaining
provisions
published
on
March
13,
2003
will
be
effective
on
June
11,
2003.
FOR
FURTHER
INFORMATION
CONTACT:
Mr.
Frank
Hund,
Engineering
and
Analysis
Division
(
4303T),
USEPA
Office
of
Science
and
Technology,
1200
Pennsylvania
Ave.,
NW.,
Washington,
DC,
20460;
telephone:
202
 
566
 
1027;
email
hund.
frank@
epa.
gov.
SUPPLEMENTARY
INFORMATION:
EPA
published
a
direct
final
rule
(
68
FR
12265)
and
parallel
proposed
rule
(
68
FR
12276)
on
March
13,
2003,
to
make
minor
amendments
to
the
final
rule
establishing
effluent
guidelines
and
standards
for
the
Pharmaceutical
Manufacturing
Point
Source
Category
(
40
CFR
part
439)
published
on
September
21,
1998.
In
this
direct
final
rule,
EPA
clarified
the
date
on
which
a
discharger
subject
to
the
New
Source
Performance
Standards
(
NSPS)
and
the
Pretreatment
Standards
for
New
Sources
(
PSNS)
would
be
subject
to
effluent
limitations
and
pretreatment
standards
established
in
the
1998
regulation.
In
addition,
EPA
re­
established
a
minimum
concentration
for
the
monthly
average
BOD5
limitation
that
EPA
inadvertently
omitted
from
the
Best
Practicable
Control
Technology
(
BPT)
requirements
in
two
subcategories
of
the
1998
regulation
and
corrected
an
error
in
EPA's
pass­
through
analysis
from
the
1998
rule
by
deleting
methyl
Cellosolve
(
2­
methoxyethanol)
from
the
pretreatment
standards
in
two
subcategories
and
from
Appendix
A,
Table
2,
``
Surrogate
Parameters
for
Indirect
Dischargers.''
Finally,
the
Agency
made
other
non­
substantive
editorial
and
format
changes
such
as
removing
redundancies,
and
adding
definitions.
The
partial
withdrawal
of
the
direct
final
rule
involves
withdrawing
language
in
(
a)
and
(
b)
from
§
§
439.17,
439.27,
439.37,
and
439.47
of
the
direct
final
rule
regarding
the
compliance
schedule
for
new
source
dischargers
who
commenced
operations
after
November
21,
1988
and
prior
to
November
20,
1998.
Today's
action
also
revises
the
introductory
text
and
paragraph
(
a)
in
§
§
439.17
and
439.37
to
be
consistent
with
the
remaining
amendments
of
the
direct
final
rule.
EPA
has
received
comment
concerning
the
applicability
of
the
10­
year
protection
period
provided
in
section
306(
d)
of
the
Clean
Water
Act
for
new
source
facilities.
EPA
will
address
those
comments
in
a
subsequent
final
action
based
on
the
parallel
proposal.
The
provisions
for
which
we
did
not
receive
adverse
comment
will
become
effective
on
June
11,
2003,
as
provided
in
the
preamble
to
the
direct
final
rule.

List
of
Subjects
in
40
CFR
Part
439
Environmental
protection,
Drugs,
Reporting
and
recordkeeping
requirements,
Waste
treatment
and
disposal,
Water
pollution
control.

Dated:
June
5,
2003.
G.
Tracy
Mehan,
III,
Assistant
Administrator,
Office
of
Water.


For
reasons
set
out
in
the
preamble,
part
439,
title
40,
chapter
I
of
the
Code
of
Federal
Regulations
is
amended
as
follows:

PART
439
 
PHARMACEUTICAL
MANUFACTURING
POINT
SOURCE
CATEGORY

1.
The
authority
citation
for
part
439
continues
to
read
as
follows:

Authority:
33
U.
S.
C.
1311,
1314,
1316,
1317,
1318,
1342
and
1361.


2.
Section
439.17
is
amended
by
revising
the
introductory
text
and
paragraph
(
a)
to
read
as
follows:

§
439.17
Pretreatment
standards
for
new
sources
(
PSNS).
Except
as
provided
in
40
CFR
403.7,
any
new
source
subject
to
this
subpart
must
achieve
the
same
standards
as
specified
in
§
439.16.
(
a)
Sources
that
discharge
to
a
POTW
with
nitrification
capability
(
defined
at
§
439.2(
i))
are
not
required
to
achieve
the
pretreatment
standard
for
ammonia
(
as
N).
*
*
*
*
*


3.
Section
439.37
is
amended
by
revising
the
introductory
text
and
paragraph
(
a)
to
read
as
follows:

§
439.37
Pretreatment
standards
for
new
sources
(
PSNS).
Except
as
provided
in
40
CFR
403.7,
any
new
source
subject
to
this
subpart
must
achieve
the
same
standards
as
specified
in
§
439.36.
(
a)
Sources
that
discharge
to
a
POTW
with
nitrification
capability
(
defined
at
§
439.2(
i))
are
not
required
to
achieve
the
pretreatment
standard
for
ammonia
(
as
N).
*
*
*
*
*

[
FR
Doc.
03
 
14744
Filed
6
 
10
 
03;
8:
45
am]

BILLING
CODE
6560
 
50
 
P
ENVIRONMENTAL
PROTECTION
AGENCY
40
CFR
Part
712
[
OPPT
 
2002
 
0061;
FRL
 
7306
 
7]

Preliminary
Assessment
Information
Reporting;
Addition
of
Certain
Chemicals
AGENCY:
Environmental
Protection
Agency
(
EPA).
ACTION:
Final
rule.

SUMMARY:
This
final
rule
addresses
the
request
of
the
Toxic
Substances
Control
Act
(
TSCA)
Interagency
Testing
Committee
(
ITC)
in
its
48th
Report,
as
modified
in
its
50th
and
51st
ITC
Reports,
by
adding
benzenamine,
3­
chloro­
2,6­
dinitro­
N,
N­
dipropyl­
4­
(
trifluoromethyl)­
to
the
TSCA
section
8(
a)
Preliminary
Assessment
Information
Reporting
(
PAIR)
rule.
It
also
addresses
the
request
of
the
ITC
in
its
50th
Report
by
adding
stannane,
dimethylbis[(
1­
oxoneodecyl)
oxy]­;
benzene,
1,3,5­
tribromo­
2­(
2­
propenyloxy)­;
and
1­
triazene,
1,3­
diphenyl­
to
the
PAIR
rule.
Finally,
it
addresses
the
request
of
the
ITC
in
its
51st
Report
by
adding
43
vanadium
compounds
to
the
PAIR
rule.
This
PAIR
rule
will
require
manufacturers
(
including
importers)
of
these
47
Chemical
Abstract
Service
(
CAS)­
numbered
chemicals
added
to
the
ITC's
TSCA
section
4(
e)
Priority
Testing
List
to
submit
certain
production,
importation,
use,
and
exposure­
related
information
to
EPA.
DATES:
This
final
rule
is
effective
on
July
11,
2003.
Any
person
who
believes
that
TSCA
section
8(
a)
reporting
required
by
this
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2003
JUNE11
7:
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OPPT­
2002­
0061­
0001
34833
Federal
Register
/
Vol.
68,
No.
112
/
Wednesday,
June
11,
2003
/
Rules
and
Regulations
rule
is
not
warranted,
should
promptly
submit
to
EPA
on
or
before
June
25,
2003,
detailed
reasons
for
that
belief.
See
Unit
II.
D.
of
the
SUPPLEMENTARY
INFORMATION
concerning
the
submission
date
for
those
manufacturers
required
to
submit
PAIR
Forms.

ADDRESSES:
Comments
may
be
submitted
electronically,
by
mail,
or
through
hand
delivery/
courier.
Follow
the
detailed
instructions
as
provided
in
Unit
I.
of
the
SUPPLEMENTARY
INFORMATION.

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
 
0001;
telephone
number:
(
202)
554
 
1404;
e­
mail
address:
TSCAHotline
epa.
gov.
For
technical
information
contact:
Gerry
Brown,
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
 
4780;
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
that
are
listed
in
§
712.30(
d)
of
the
regulatory
text
portion
of
this
document.
Entities
potentially
affected
by
this
action
may
include,
but
are
not
limited
to:

 
Chemical
manufacturers
(
including
importers),
(
NAICS
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
Get
Copies
of
this
Document
and
Other
Related
Information?

1.
Docket.
EPA
has
established
an
official
public
docket
for
this
action
under
docket
identification
(
ID)
number
OPPT
 
2002
 
0061.
The
official
public
docket
consists
of
the
documents
specifically
referenced
in
this
action,
any
public
comments
received,
and
other
information
related
to
this
action.
Although
a
part
of
the
official
docket,
the
public
docket
does
not
include
Confidential
Business
Information
(
CBI)
or
other
information
whose
disclosure
is
restricted
by
statute.
The
official
public
docket
is
the
collection
of
materials
that
is
available
for
public
viewing
at
the
EPA
Docket
Center,
Rm.
B102­
Reading
Room,
EPA
West,
1301
Constitution
Ave.,
NW.,
Washington,
DC.
The
EPA
Docket
Center
is
open
from
8:
30
a.
m.
to
4:
30
p.
m.,
Monday
through
Friday,
excluding
legal
holidays.
The
EPA
Docket
Center
Reading
Room
telephone
number
is
(
202)
566
 
1744
and
the
telephone
number
for
the
OPPT
Docket,
which
is
located
in
EPA
Docket
Center,
is
(
202)
566
 
0280.
2.
Electronic
access.
You
may
access
this
Federal
Register
document
electronically
through
the
EPA
Internet
under
the
``
Federal
Register''
listings
at
http://
www.
epa.
gov/
fedrgstr/.
A
frequently
updated
electronic
version
of
40
CFR
part
712
is
available
at
http://
www.
access.
gpo.
gov/
nara/
cfr/
cfrhtml_
00/
Title_
40/
40cfr712_
00.
html,
a
beta
site
currently
under
development.
Copies
of
the
PAIR
Form
are
also
available
electronically
from
the
Chemical
Testing
and
Information
Branch
Home
Page
on
the
Internet
at
http://
www.
epa.
gov/
opptintr/
chemtest/
pairform.
pdf
.
An
electronic
version
of
the
public
docket
is
available
through
EPA's
electronic
public
docket
and
comment
system,
EPA
Dockets.
You
may
use
EPA
Dockets
at
http://
www.
epa.
gov/
edocket/
to
submit
or
view
public
comments,
access
the
index
listing
of
the
contents
of
the
official
public
docket,
and
to
access
those
documents
in
the
public
docket
that
are
available
electronically.
Although
not
all
docket
materials
may
be
available
electronically,
you
may
still
access
any
of
the
publicly
available
docket
materials
through
the
docket
facility
identified
in
Unit
I.
B.
1.
Once
in
the
system,
select
``
search,''
then
key
in
the
appropriate
docket
ID
number.
Certain
types
of
information
will
not
be
placed
in
the
EPA
Dockets.
Information
claimed
as
CBI
and
other
information
whose
disclosure
is
restricted
by
statute,
which
is
not
included
in
the
official
public
docket,
will
not
be
available
for
public
viewing
in
EPA's
electronic
public
docket.
EPA's
policy
is
that
copyrighted
material
will
not
be
placed
in
EPA's
electronic
public
docket
but
will
be
available
only
in
printed,
paper
form
in
the
official
public
docket.
To
the
extent
feasible,
publicly
available
docket
materials
will
be
made
available
in
EPA's
electronic
public
docket.
When
a
document
is
selected
from
the
index
list
in
EPA
Dockets,
the
system
will
identify
whether
the
document
is
available
for
viewing
in
EPA's
electronic
public
docket.
Although
not
all
docket
materials
may
be
available
electronically,
you
may
still
access
any
of
the
publicly
available
docket
materials
through
the
docket
facility
identified
in
Unit
I.
B.
1.
EPA
intends
to
work
towards
providing
electronic
access
to
all
of
the
publicly
available
docket
materials
through
EPA's
electronic
public
docket.
For
public
commenters,
it
is
important
to
note
that
EPA's
policy
is
that
public
comments,
whether
submitted
electronically
or
in
paper,
will
be
made
available
for
public
viewing
in
EPA's
electronic
public
docket
as
EPA
receives
them
and
without
change,
unless
the
comment
contains
copyrighted
material,
CBI,
or
other
information
whose
disclosure
is
restricted
by
statute.
When
EPA
identifies
a
comment
containing
copyrighted
material,
EPA
will
provide
a
reference
to
that
material
in
the
version
of
the
comment
that
is
placed
in
EPA's
electronic
public
docket.
The
entire
printed
comment,
including
the
copyrighted
material,
will
be
available
in
the
public
docket.
Public
comments
submitted
on
computer
disks
that
are
mailed
or
delivered
to
the
docket
will
be
transferred
to
EPA's
electronic
public
docket.
Public
comments
that
are
mailed
or
delivered
to
the
docket
will
be
scanned
and
placed
in
EPA's
electronic
public
docket.
Where
practical,
physical
objects
will
be
photographed,
and
the
photograph
will
be
placed
in
EPA's
electronic
public
docket
along
with
a
brief
description
written
by
the
docket
staff.

C.
How
and
To
Whom
Do
I
Submit
Comments?
You
may
submit
comments
electronically,
by
mail,
or
through
hand
delivery/
courier.
To
ensure
proper
receipt
by
EPA,
identify
the
appropriate
docket
ID
number
in
the
subject
line
on
the
first
page
of
your
comment.
Please
ensure
that
your
comments
are
submitted
within
the
specified
comment
period.
Comments
received
after
the
close
of
the
comment
period
will
be
marked
``
late.''
EPA
is
not
required
to
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Federal
Register
/
Vol.
68,
No.
112
/
Wednesday,
June
11,
2003
/
Rules
and
Regulations
consider
these
late
comments.
If
you
wish
to
submit
CBI
or
information
that
is
otherwise
protected
by
statute,
please
follow
the
instructions
in
Unit
I.
D.
Do
not
use
EPA
Dockets
or
e­
mail
to
submit
CBI
or
information
protected
by
statute.
1.
Electronically.
If
you
submit
an
electronic
comment
as
prescribed
in
this
unit,
EPA
recommends
that
you
include
your
name,
mailing
address,
and
an
email
address
or
other
contact
information
in
the
body
of
your
comment.
Also
include
this
contact
information
on
the
outside
of
any
disk
or
CD
ROM
you
submit,
and
in
any
cover
letter
accompanying
the
disk
or
CD
ROM.
This
ensures
that
you
can
be
identified
as
the
submitter
of
the
comment
and
allows
EPA
to
contact
you
in
case
EPA
cannot
read
your
comment
due
to
technical
difficulties
or
needs
further
information
on
the
substance
of
your
comment.
EPA's
policy
is
that
EPA
will
not
edit
your
comment,
and
any
identifying
or
contact
information
provided
in
the
body
of
a
comment
will
be
included
as
part
of
the
comment
that
is
placed
in
the
official
public
docket,
and
made
available
in
EPA's
electronic
public
docket.
If
EPA
cannot
read
your
comment
due
to
technical
difficulties
and
cannot
contact
you
for
clarification,
EPA
may
not
be
able
to
consider
your
comment.
i.
EPA
Dockets.
Your
use
of
EPA's
electronic
public
docket
to
submit
comments
to
EPA
electronically
is
EPA's
preferred
method
for
receiving
comments.
Go
directly
to
EPA
Dockets
at
http://
www.
epa.
gov/
edocket,
and
follow
the
online
instructions
for
submitting
comments.
Once
in
the
system,
select
``
search,''
and
then
key
in
docket
ID
number
OPPT
 
2002
 
0061.
The
system
is
an
``
anonymous
access''
system,
which
means
EPA
will
not
know
your
identity,
e­
mail
address,
or
other
contact
information
unless
you
provide
it
in
the
body
of
your
comment.
ii.
E­
mail.
Comments
may
be
sent
by
e­
mail
to
oppt.
ncic@
epa.
gov,
Attention:
Docket
ID
Number
OPPT
 
2002
 
0061.
In
contrast
to
EPA's
electronic
public
docket,
EPA's
e­
mail
system
is
not
an
``
anonymous
access''
system.
If
you
send
an
e­
mail
comment
directly
to
the
docket
without
going
through
EPA's
electronic
public
docket,
EPA's
e­
mail
system
automatically
captures
your
email
address.
E­
mail
addresses
that
are
automatically
captured
by
EPA's
e­
mail
system
are
included
as
part
of
the
comment
that
is
placed
in
the
official
public
docket,
and
made
available
in
EPA's
electronic
public
docket.
iii.
Disk
or
CD
ROM.
You
may
submit
comments
on
a
disk
or
CD
ROM
that
you
mail
to
the
mailing
address
identified
in
Unit
I.
C.
2.
These
electronic
submissions
will
be
accepted
in
WordPerfect
or
ASCII
file
format.
Avoid
the
use
of
special
characters
and
any
form
of
encryption.
2.
By
mail.
Send
your
comments
to:
Document
Control
Office
(
7407M),
Office
of
Pollution
Prevention
and
Toxics
(
OPPT),
Environmental
Protection
Agency,
1200
Pennsylvania
Ave.,
NW.,
Washington,
DC
20460
 
0001.
3.
By
hand
delivery
or
courier.
Deliver
your
comments
to:
OPPT
Document
Control
Office
(
DCO)
in
EPA
East
Bldg.,
Rm.
6428,
1201
Constitution
Ave.,
NW.,
Washington,
DC.
Attention:
Docket
ID
Number
OPPT
 
2002
 
0061.
The
DCO
is
open
from
8
a.
m.
to
4
p.
m.,
Monday
through
Friday,
excluding
legal
holidays.
The
telephone
number
for
the
DCO
is
(
202)
564
 
8930.

D.
How
Should
I
Submit
CBI
to
the
Agency?

Do
not
submit
information
that
you
consider
to
be
CBI
electronically
through
EPA's
electronic
public
docket
or
by
e­
mail.
You
may
claim
information
that
you
submit
to
EPA
as
CBI
by
marking
any
part
or
all
of
that
information
as
CBI
(
if
you
submit
CBI
on
disk
or
CD
ROM,
mark
the
outside
of
the
disk
or
CD
ROM
as
CBI
and
then
identify
electronically
within
the
disk
or
CD
ROM
the
specific
information
that
is
CBI).
Information
so
marked
will
not
be
disclosed
except
in
accordance
with
procedures
set
forth
in
40
CFR
part
2.
In
addition
to
one
complete
version
of
the
comment
that
includes
any
information
claimed
as
CBI,
a
copy
of
the
comment
that
does
not
contain
the
information
claimed
as
CBI
must
be
submitted
for
inclusion
in
the
public
docket
and
EPA's
electronic
public
docket.
If
you
submit
the
copy
that
does
not
contain
CBI
on
disk
or
CD
ROM,
mark
the
outside
of
the
disk
or
CD
ROM
clearly
that
it
does
not
contain
CBI.
Information
not
marked
as
CBI
will
be
included
in
the
public
docket
and
EPA's
electronic
public
docket
without
prior
notice.
If
you
have
any
questions
about
CBI
or
the
procedures
for
claiming
CBI,
please
consult
the
technical
person
listed
under
FOR
FURTHER
INFORMATION
CONTACT.

E.
What
Should
I
Consider
as
I
Prepare
My
Comments
for
EPA?

You
may
find
the
following
suggestions
helpful
for
preparing
your
comments:
1.
Explain
your
views
as
clearly
as
possible.
2.
Describe
any
assumptions
that
you
used.
3.
Provide
copies
of
any
technical
information
and/
or
data
you
used
that
support
your
views.
4.
If
you
estimate
potential
burden
or
costs,
explain
how
you
arrived
at
the
estimate
that
you
provide.
5.
Provide
specific
examples
to
illustrate
your
concerns.
6.
Offer
alternative
ways
to
improve
this
final
rule
or
collection
activity.
7.
Make
sure
to
submit
your
comments
by
the
deadline
in
this
document.
8.
To
ensure
proper
receipt
by
EPA,
be
sure
to
identify
the
docket
ID
number
assigned
to
this
action
in
the
subject
line
on
the
first
page
of
your
response.
You
may
also
provide
the
name,
date,
and
Federal
Register
citation.

II.
Background
A.
What
Action
is
the
Agency
Taking?

EPA
is
issuing
a
final
TSCA
section
8(
a)
PAIR
rule
which
will
require
manufacturers
(
including
importers)
of
47
CAS­
numbered
chemicals
added
to
the
ITC's
TSCA
section
4(
e)
Priority
Testing
List
to
submit
production
and
exposure
reports.
The
regulatory
text
of
this
rule
lists
the
47
chemicals
that
are
being
added
to
the
PAIR
rule.

B.
What
is
the
Agency's
Authority?

EPA
promulgated
the
PAIR
rule
in
40
CFR
part
712
under
TSCA
section
8(
a)
(
15
U.
S.
C.
2607(
a)).
This
model
TSCA
section
8(
a)
rule
establishes
standard
reporting
requirements
for
manufacturers
(
including
importers)
of
the
chemicals
listed
in
the
rule
at
§
712.30.
These
entities
are
required
to
submit
a
one­
time
report
on
general
production/
importation
volume,
end
use,
and
exposure­
related
information
using
the
PAIR
Form
entitled
Manufacturer's
Report­
Preliminary
Assessment
Information
(
EPA
Form
No.
7710
 
35).
EPA
uses
this
model
section
8(
a)
rule
to
quickly
gather
current
information
on
chemicals.
This
model
rule
provides
for
the
automatic
addition
of
TSCA
section
4(
e)
Priority
Testing
List
chemicals.
Whenever
EPA
announces
the
receipt
of
an
ITC
report,
EPA
may,
at
the
same
time
without
providing
notice
and
opportunity
for
public
comment,
amend
the
model
information­
gathering
rule
by
adding
the
recommended
(
or
designated)
chemicals.
The
amendment
adding
these
chemicals
to
the
PAIR
rule
is
effective
July
11,
2003.

C.
What
Chemicals
are
to
be
Added
?

In
this
document,
EPA
is
adding
47
chemicals
to
the
TSCA
section
8(
a)
PAIR
rule.
This
document
addresses
the
request
of
the
ITC
in
its
48th
Report
(
Ref.

VerDate
Jan<
31>
2003
23:
48
Jun
10,
2003
Jkt
200001
PO
00000
Frm
00058
Fmt
4700
Sfmt
4700
E:\
FR\
FM\
11JNR1.
SGM
11JNR1
34835
Federal
Register
/
Vol.
68,
No.
112
/
Wednesday,
June
11,
2003
/
Rules
and
Regulations
1),
as
modified
in
its
50th
ITC
Report
(
Ref.
2)
and
51st
ITC
Report
(
Ref.
3),
by
adding
benzenamine,
3­
chloro­
2,6­
dinitro­
N,
N­
dipropyl­
4­
(
trifluoromethyl)­
(
CAS
No.
29091
 
20
 
1)
to
the
PAIR
rule.
This
document
also
addresses
the
request
of
the
50th
ITC
Report
by
adding
stannane,
dimethylbis[(
1­
oxoneodecyl)
oxy]­
(
CAS
No.
68928
 
76
 
7);
benzene,
1,3,5­
tribromo­
2­(
2­
propenyloxy)­
(
CAS
No.
3278
 
89
 
5);
and
1­
triazene,
1,3­
diphenyl­
(
CAS
No.
136
 
35
 
6)
to
the
PAIR
rule.
Finally,
this
document
addresses
the
request
of
the
51st
ITC
Report
by
adding
43
vanadium
compounds
which
are
listed
in
the
amendment
to
§
712.30(
e)
of
this
document.

D.
Who
Must
Report
Under
this
PAIR
Rule?
All
persons
who
manufactured
(
defined
by
statute
to
include
import)
the
chemicals
identified
in
the
regulatory
text
of
this
document
during
their
latest
complete
corporate
fiscal
year
must
submit
a
PAIR
Form
(
EPA
Form
No.
7710
 
35)
for
each
site
at
which
they
manufactured
or
imported
a
named
substance.
A
separate
form
must
be
completed
for
each
substance
and
submitted
to
the
Agency
as
specified
in
§
712.28
no
later
than
September
9,
2003.
Persons
who
have
previously
and
voluntarily
submitted
a
PAIR
Form
to
the
ITC
or
EPA
may
be
able
to
submit
a
copy
of
the
original
report
to
EPA
or
to
notify
EPA
by
letter
of
their
desire
to
have
this
voluntary
submission
accepted
in
lieu
of
a
current
data
submission.
See
§
712.30(
a)(
3).
Details
of
the
PAIR
reporting
requirements,
including
the
basis
for
exemptions,
are
provided
in
40
CFR
part
712.
Copies
of
the
PAIR
Form
are
available
from
the
Environmental
Assistance
Division
at
the
address
listed
under
FOR
FURTHER
INFORMATION
CONTACT.
Copies
of
the
PAIR
Form
are
also
available
electronically
from
the
Chemical
Testing
and
Information
Branch
Home
Page
on
the
Internet
at
http://
www.
epa.
gov/
opptintr/
chemtest/
pairform.
pdf
.

E.
How
is
a
Chemical
Substances
Removed
From
the
PAIR
Rule?
Any
person
who
believes
that
section
8(
a)
reporting
required
by
this
rule
is
not
warranted,
should
promptly
submit
to
EPA
on
or
before
June
25,
2003,
detailed
reasons
for
that
belief.
EPA,
in
its
discretion,
may
remove
the
substance
from
this
rule
(
see
§
712.30(
c)).
When
withdrawing
a
chemical
from
the
PAIR
rule,
EPA
will
publish
a
final
rule
amending
the
PAIR
rule
in
the
Federal
Register.
F.
References
The
following
documents
constitute
the
public
record
for
this
rule
under
docket
ID
number
OPPT
 
2002
 
0061.
1.
ITC.
2001.
Forty­
Eighth
Report
of
the
ITC.
Federal
Register
(
66
FR
51276,
October
5,
2001)
(
FRL
 
6786
 
7).
Available
online
at
http://
www.
epa.
gov/
fedrgstr/.
2.
ITC.
2002.
Fiftieth
Report
of
the
ITC.
Federal
Register
(
67
FR
49530,
July
30,
2002)
(
FRL
 
7183
 
7).
Available
online
at
http://
www.
epa.
gov/
fedrgstr/.
3.
ITC.
2003.
Fifty­
first
Report
of
the
ITC.
Federal
Register
(
68
FR
8976,
February
26,2003)
(
FRL
 
7183
 
7).
Available
online
at
http://
www.
epa.
gov/
fedrgstr/.
4.
EPA.
2003.
Economic
Analysis
for
the
Addition
of
47
Chemical
Abstract
Service
(
CAS)­
numbered
Chemicals
Requested
to
be
added
to
EPA's
Preliminary
Assessment
Information
Reporting
(
PAIR)
Rule
in
the
48th,
50th,
and
51st
Reports
of
the
TSCA
Interagency
Testing
Committee.
April
18,
2003.

G.
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
to
comment
because
the
Agency
believes
that
providing
notice
and
an
opportunity
to
comment
is
unnecessary.
As
discussed
in
Unit
III.,
whenever
EPA
announces
the
receipt
of
an
ITC
report,
EPA
may,
at
the
same
time
and
without
providing
notice
and
opportunity
for
public
comment,
amend
the
model
information­
gathering
rule
by
adding
the
recommended
(
or
designated)
chemicals.
EPA
finds,
therefore,
that
there
is
``
good
cause''
under
section
553(
b)(
3)(
B)
of
the
Administrative
Procedure
Act
(
APA)
(
5
U.
S.
C.
553
(
b)(
3)(
B))
to
make
these
amendments
without
prior
notice
and
comment.

H.
Economic
Analysis
The
economic
analysis
for
the
addition
of
the
47
chemicals
to
the
TSCA
section
8(
a)
PAIR
rule
is
entitled,
``
Economic
Analysis
for
the
Addition
of
47
Chemical
Abstract
Service
(
CAS)­
numbered
Chemicals
Requested
to
be
added
to
EPA's
Preliminary
Assessment
Information
Reporting
(
PAIR)
Rule
in
the
48th,
50th,
and
51st
Reports
of
the
TSCA
Interagency
Testing
Committee''
(
Ref.
4).
Seven
of
the
47
chemicals
were
located
in
EPA's
1998
Chemical
Update
System
(
CUS)
utilizing
the
ITC­
supplied
CAS
numbers,
yielding
6
companies
producing
these
chemicals
at
7
sites.
Because
the
threshold
for
reporting
to
CUS
under
the
Inventory
Update
Rule
is
10,000
lbs.,
and
the
threshold
for
PAIR
reporting
is
500
kg
(
1,100
lbs.),
and
because
there
is
no
requirement
that
inorganic
chemicals
be
reported
to
CUS
(
the
majority
of
the
vanadium
compounds
are
inorganic),
EPA
assumed
that
one
manufacturer
exists
per
chemical
to
account
for
the
possibility
that
there
may
be
manufacturers
producing
PAIRreportable
amounts
that
weren't
captured
by
CUS.
But
EPA
has
no
way
of
ascertaining
this,
a
fact
which
highlights
the
need
for
PAIR
reporting
on
these
chemicals.
Given
the
assumptions
in
this
unit,
the
costs
and
burden
associated
with
this
rule
are
estimated
in
the
Economic
Analysis
(
Ref.
4)
to
be
the
following:

Reporting
Costs
(
dollars)
47
reports
estimated
at
[
cost]
per
report
=
$
1465.88
Total
Cost
=
$
61537.12
Mean
cost
per
site/
firm
=
$
61537.12/
47
sites
=
$
1465.88
Reporting
Burden
(
hours)
Rule
familiarization:
7
hours/
site
x
47
sites
=
329
hours
Reporting:
1001.3
hours
Total
burden
hours
=
1330.3
hours
Average
burden
per
site/
firm
=
1330.3
hours/
37
sites
=
28.3
hours/
site
EPA
Costs
(
dollars)
It
is
estimated
that
the
annual
cost
to
the
Federal
Government
will
be
$
10,226.11
(
47
reports
x
$
217.58),
plus
0.0176
Full
Time
Equivalent
Employees
(
FTEs).
At
an
estimated
$
91,873.60
per
FTE,
the
total
of
0.1186
FTEs
will
cost
EPA
$
10,898.95
in
salaries,
bringing
the
total
costs
to
the
Federal
Government
to
$
21,125.06
(
i.
e.,
$
10,226.11
+
$
10,898.95)
(
Ref.
4).

III.
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
section
8(
a)
related
to
the
PAIR
rule
from
the
requirements
of
Executive
Order
12866,
entitled
Regulatory
Planning
and
Review
(
58
FR
51735,
October
4,
1993).

B.
Paperwork
Reduction
Act
Pursuant
to
the
Paperwork
Reduction
Act
(
PRA)
(
44
U.
S.
C.
3501
et
seq.),
an
Agency
may
not
conduct
or
sponsor,
and
a
person
is
not
required
to
respond
to,
a
collection
of
information
that
is
subject
to
approval
under
the
PRA
unless
it
displays
a
currently
valid
OMB
control
number.
The
OMB
control
numbers
for
EPA's
regulations,
after
appearing
in
the
preamble
of
the
final
rule,
are
listed
in
40
CFR
part
9,
and
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Rules
and
Regulations
included
on
the
related
collection
instrument.
The
information
collection
activities
related
to
this
action
have
already
been
approved
by
OMB,
under
OMB
control
number
2070
 
0054
(
EPA
ICR
No.
586)
for
PAIR
reporting.
This
action
does
not
impose
any
burdens
requiring
additional
OMB
approval.
The
public
reporting
burden
for
this
collection
of
information
is
estimated
to
be
1330.3
hours
(
Ref.
4).
Of
that
total,
an
estimated
329
hours
are
spent
in
an
initial
review
of
the
rule,
and
the
remaining
1001.3
hours
are
associated
with
actual
reporting
activities
(
Ref.
4).
Because
this
rule
does
not
contain
any
new
information
collection
activities,
additional
review
and
approval
of
these
activities
by
OMB
under
the
PRA
is
not
necessary.

C.
Regulatory
Flexibility
Act
Under
the
Regulatory
Flexibility
Act
(
RFA)
and
the
Small
Business
Enforcement
Fairness
Act
(
SBREFA),
EPA
is
required
to
consider
whether
a
regulatory
action
will
have
a
significant
adverse
impact
on
small
entities.
Both
the
RFA
and
SBREFA
require
EPA
to
determine
whether
a
rulemaking
may
result
in
``
significant
economic
impact
on
requirements
of
the
rule
on
a
substantial
number
of
small
entities,''
and
if
so,
to
tailor
the
requirements
of
the
rule
to
mitigate
such
impacts,
while
still
maintaining
a
high
level
of
environmental
protection.
The
small
business
size
standards
promulgated
by
the
Small
Business
Administration
(
SBA)
(
61
FR
3280,
3289
 
3291,
January
31,
1996)
for
chemical
manufacturers
are
based
solely
on
the
number
of
employees,
with
a
base
threshold
of
1,000
employees
for
the
ultimate
corporate
parent,
under
which
all
businesses
are
considered
small.
Of
the
47
businesses
assumed
to
be
affected
by
this
rule,
none
meet
this
definition
of
small
business.
Thus,
EPA
has
determined
that
this
rule
will
not
impose
a
significant
impact
on
a
substantial
number
of
small
entities.
Information
relating
to
this
EPA
determination
is
included
in
the
docket
for
this
rule
(
OPPT
 
2002
 
0061).
Any
comments
regarding
the
economic
impacts
that
this
action
imposes
on
small
entities
should
be
submitted
to
the
Agency
at
any
time
after
June
11,
2003
using
the
methods
discussed
in
Unit
I.
C.

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
one
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
action
will
not
have
a
substantial
direct
effect
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
Based
on
EPA's
experience
with
past
TSCA
section
8(
a)
rulemakings,
State,
local,
and
tribal
governments
have
not
been
impacted
by
these
rulemakings,
and
EPA
does
not
have
any
reasons
to
believe
that
any
State,
local,
or
tribal
government
will
be
impacted
by
this
rulemaking.
As
a
result,
this
action
is
not
subject
to
the
requirement
for
prior
consultation
with
Indian
tribal
governments
as
specified
in
Executive
Order
13175,
entitled
Consultation
and
Coordination
with
Indian
Tribal
Governments
(
65
FR
67249,
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
(
52
FR
19855,
April
23,
1997),
does
not
apply
to
this
rule,
because
it
is
not
``
economically
significant''
as
defined
under
Executive
Order
12866,
and
does
not
concern
an
environmental
health
or
safety
risk
that
may
have
a
disproportionate
effect
on
children.
This
rule
requires
the
reporting
of
production,
importation,
use,
and
exposure­
related
information
to
EPA
by
manufacturers
(
including
importers)
of
certain
chemicals
requested
by
the
ITC
to
be
added
to
the
PAIR
rule
in
its
48th
ITC
Report
(
Ref.
1),
in
its
50th
ITC
Report
(
Ref.
2),
and
its
51st
ITC
Report
(
Ref.
3).

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
This
action
does
not
involve
any
technical
standards
that
would
require
Agency
consideration
of
voluntary
consensus
standards
pursuant
to
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).
Section
12(
d)
of
NTTAA
directs
EPA
to
use
voluntary
consensus
standards
in
its
regulatory
activities
unless
to
do
so
would
be
inconsistent
with
applicable
law
or
otherwise
impractical.
Voluntary
consensus
standards
are
technical
standards
(
e.
g.,
materials
specifications,
test
methods,
sampling
procedures,
and
business
practices)
that
are
developed
or
adopted
by
voluntary
consensus
standards
bodies.
The
NTTAA
directs
EPA
to
provide
Congress,
through
OMB,
explanations
when
the
Agency
decides
not
to
use
available
and
applicable
voluntary
consensus
standards.
EPA
invites
public
comment
on
the
Agency's
determination
that
this
regulatory
action
does
not
require
the
consideration
of
voluntary
consensus
standards.

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).

K.
Executive
Order
12630:
Governmental
Actions
and
Interference
with
Constitutionally
Protected
Property
Rights
EPA
has
complied
with
Executive
Order
12630,
entitled
Governmental
Actions
and
Interference
with
Constitutionally
Protected
Property
Rights
(
53
FR
8859,
March
15,
1988),
by
examining
the
takings
implications
of
this
rule
in
accordance
with
the
``
Attorney
General's
Supplemental
Guidelines
for
the
Evaluation
of
Risk
and
Avoidance
of
Unanticipated
Takings''
issued
under
the
Executive
order.

L.
Executive
Order
12988:
Civil
Justice
Reform
In
issuing
this
rule,
EPA
has
taken
the
necessary
steps
to
eliminate
drafting
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11,
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/
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and
Regulations
errors
and
ambiguity,
minimize
potential
litigation,
and
provide
a
clear
legal
standard
for
affected
conduct,
as
required
by
section
3
of
Executive
Order
12988,
entitled
Civil
Justice
Reform
(
61
FR
4729,
February
7,
1996).

M.
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
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
Part
712
Environmental
protection,
Chemicals,
Hazardous
substances,
Health
and
safety,
Reporting
and
recordkeeping
requirements.

Dated:
June
3,
2003.

Charles
M.
Auer,

Director,
Office
of
Pollution
Prevention
and
Toxics.

Therefore,
40
CFR
chapter
I
is
amended
as
follows:
PART
712
 
[
AMENDED]


1.
The
authority
citation
for
part
712
continues
to
read
as
follows:

Authority:
15
U.
S.
C.
2607(
a).


2.
In
§
712.30,
the
table
in
paragraph
(
d)
is
amended
by
adding
the
chemicals:
``
Benzenamine,
3­
chloro­
2,6­
dinitro­
N,
N­
dipropyl­
4­(
trifluoromethyl)­;''
``
stannane,
dimethylbis[(
1­
oxoneodecyl)
oxy]­;''
``
benzene,
1,3,5­
tribromo­
2­(
2­
propenyloxy)­;''
and
``
1­
triazene,
1,3­
diphenyl­''
listed
in
ascending
CAS
number
order
to
read
as
follows:

§
712.30
Chemical
lists
and
reporting
periods.

*
*
*
*
*
(
d)
*
*
*

CAS
No.
Substance
Effective
date
Reporting
date
*
*
*
*
*
*
*
136
 
35
 
6
1­
Triazene,
1,3­
diphenyl­
....................................................
July
11,
2003
September
9,
2003
*
*
*
*
*
*
*
3278
 
89
 
5
Benzene,
1,3,5­
tribromo­
2­(
2­
propenyloxy)­
.......................
July
11,
2003
September
9,
2003
*
*
*
*
*
*
*
29091
 
20
 
1
Benzenamine,
3­
chloro­
2,6­
dinitro­
N,
N­
dipropyl­
4­
(
trifluoromethyl)­.
July
11,
2003
September
9,
2003
*
*
*
*
*
*
*
68928
 
76
 
7
Stannane,
dimethylbis[(
1­
oxoneodecyl)
oxy]­
......................
July
11,
2003
September
9,
2003
*
*
*
*
*
*
*

*
*
*
*
*


3.
In
§
712.30,
the
table
in
paragraph
(
e)
is
amended
by
adding
in
alphabetical
order
the
category
``
Vanadium
Compounds''
to
read
as
follows:
§
712.30
Chemical
lists
and
reporting
periods.

*
*
*
*
*
(
e)
*
*
*

CAS
No.
Substance
Effective
date
Reporting
date
*
*
*
*
*
*
*
Vanadium
compounds:
1314
 
34
 
7
......................
Vanadium
oxide
(
V2O3)
[
Vanadium
trioxide]
........
July
11,
2003
September
9,
2003
1314
 
62
 
1
......................
Vanadium
oxide
(
V2O5)
[
Vanadium
pentoxide]
....
July
11,
2003
September
9,
2003
1686
 
22
 
2
......................
Vanadium,
triethoxyoxo­,
(
T­
4)­
[
Triethyl
orthovanadate].
July
11,
2003
September
9,
2003
3153
 
26
 
2
......................
Vanadium,
oxobis
(
2,4­
pentanedionato­
.
kappa.
O,.
kappa.
O')­,
(
SP­
5­
21)­.
July
11,
2003
September
9,
2003
5588
 
84
 
1
......................
Vanadium,
oxotris(
2­
propanolato)­,
(
T­
4)­
[
Vanadium
triisopropoxide
oxide].
July
11,
2003
September
9,
2003
7440
 
62
 
2
......................
Vanadium
...............................................................
July
11,
2003
September
9,
2003
7632
 
51
 
1
Vanadium
chloride
(
VCl4),
(
T­
4)­
[
Vanadium
tetrachloride].
July
11,
2003
September
9,
2003
7718
 
98
 
1
......................
Vanadium
chloride
(
VCl3)
[
Vanadium
trichloride]
..
July
11,
2003
September
9,
2003
7727
 
18
 
6
......................
Vanadium,
trichlorooxo­,
(
T­
4)­
[
Vanadium
oxytrichloride].
July
11,
2003
September
9,
2003
7803
 
55
 
6
......................
Vanadate
(
VO31­),
ammonium
[
Ammonium
metavanadate].
July
11,
2003
September
9,
2003
10049
 
16
 
8
....................
Vanadium
fluoride
(
VF4)
[
Vanadium
tetrafluoride]
July
11,
2003
September
9,
2003
10213
 
09
 
9
....................
Vanadium,
dichlorooxo­
[
Vanadyl
dichloride]
.........
July
11,
2003
September
9,
2003
10580
 
52
 
6
....................
Vanadium
chloride
(
VCl2)
[
Vanadium
dichloride]
..
July
11,
2003
September
9,
2003
11099
 
11
 
9
....................
Vanadium
oxide
[
Polyvanadic
acid]
.......................
July
11,
2003
September
9,
2003
11115
 
67
 
6
....................
Ammonium
vanadium
oxide
...................................
July
11,
2003
September
9,
2003
11130
 
21
 
5
....................
Vanadium
carbide
..................................................
July
11,
2003
September
9,
2003
12007
 
37
 
3
....................
Vanadium
boride
(
VB2)
..........................................
July
11,
2003
September
9,
2003
12035
 
98
 
2
....................
Vanadium
oxide
(
VO)
.............................................
July
11,
2003
September
9,
2003
12036
 
21
 
4
....................
Vanadium
oxide
(
VO2)
...........................................
July
11,
2003
September
9,
2003
12070
 
10
 
9
....................
Vanadium
carbide
(
VC)
..........................................
July
11,
2003
September
9,
2003
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/
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and
Regulations
1
NHTSA
determined
that
the
labels
depicted
in
Figures
6a,
6b,
and
8
required
an
outline.
The
label
depicted
in
Figure
6c
did
not.
Two
other
labels,
depicted
in
the
regulation
in
Figures
7
and
9,
were
not
addressed.
However,
the
response
would
have
been
the
same
as
the
agency
response
regarding
Figures
6a,
6b,
and
8.
CAS
No.
Substance
Effective
date
Reporting
date
12083
 
48
 
6
....................
Vanadium,
dichlorobis
(.
eta.
5­
2,4­
cyclopentadien­
1­
yl)­.
July
11,
2003
September
9,
2003
12166
 
27
 
7
....................
Vanadium
sulfide
(
VS)
...........................................
July
11,
2003
September
9,
2003
12439
 
96
 
2
....................
Vanadium,
oxo[
sulfato(
2­)­.
kappa.
O]­,
pentahydrate
[
Vanadyl
sulfate
(
VOSO4),
pentahydrate].
July
11,
2003
September
9,
2003
12604
 
58
 
9
....................
Vanadium
alloy,
base,
V,
C,
Fe
(
Ferrovanadium)
...
July
11,
2003
September
9,
2003
13470
 
26
 
3
....................
Vanadium
bromide
(
VBr3)
.....................................
July
11,
2003
September
9,
2003
13476
 
99
 
8
....................
Vanadium,
tris(
2,4­
pentanedionato­
.
kappa.
O,.
kappa.
O')­,
(
OC­
6­
11)­
[
Vanadium
tris(
acetylacetonate)].
July
11,
2003
September
9,
2003
13497
 
94
 
4
....................
Silver
vanadium
oxide
(
AgVO3)
.............................
July
11,
2003
September
9,
2003
13517
 
26
 
5
Sodium
vanadium
oxide
(
Na4V2O7)
[
Sodium
pyrovanadate].
July
11,
2003
September
9,
2003
13718
 
26
 
8
....................
Vanadate
(
VO31­),
sodium
[
Sodium
metavanadate].
July
11,
2003
September
9,
2003
13721
 
39
 
6
....................
Sodium
vanadium
oxide
(
Na3VO4)
[
Sodium
orthovanadate].
July
11,
2003
September
9,
2003
13769
 
43
 
2
....................
Vanadate
(
VO31­),
potassium
[
Potassium
metavanadate].
July
11,
2003
September
9,
2003
13930
 
88
 
6
....................
Vanadium,
oxo[
29H,
31H­
phthalocyaninato(
2­)­
*
COM001*.
kappa.
N29,.
kappa.
N30,.
kappa.
N31,
.
kappa.
N32]­,
(
SP­
5­
12)­.
July
11,
2003
September
9,
2003
14059
 
33
 
7
....................
Bismuth
vanadium
oxide
(
BiVO4)
..........................
July
11,
2003
September
9,
2003
19120
 
62
 
8
....................
Vanadium,
tris(
2­
methyl­
1­
propanolato)
oxo­,
(
T­
4)­
[
Isobutyl
orthovanadate].
July
11,
2003
September
9,
2003
24646
 
85
 
3
....................
Vanadium
nitride
(
VN)
............................................
July
11,
2003
September
9,
2003
27774
 
13
 
6
....................
Vanadium,
oxo[
sulfato(
2­)­.
kappa.
O]­
[
Vanadyl
sulfate].
July
11,
2003
September
9,
2003
30486
 
37
 
4
....................
Vanadium
hydroxide
oxide
(
V(
OH)
2O)
..................
July
11,
2003
September
9,
2003
39455
 
80
 
6
....................
Ammonium
sodium
vanadium
oxide
......................
July
11,
2003
September
9,
2003
53801
 
77
 
7
....................
Bismuth
vanadium
oxide
........................................
July
11,
2003
September
9,
2003
65232
 
89
 
5
....................
Vanadium
hydroxide
oxide
phosphate
...................
July
11,
2003
September
9,
2003
68130
 
18
 
7
....................
Vanadium
hydroxide
oxide
phosphate
(
V6(
OH)
3O3(
PO4)
7).
July
11,
2003
September
9,
2003
68815
 
09
 
8
....................
Naphthenic
acids,
vanadium
salts
.........................
July
11,
2003
September
9,
2003
68990
 
29
 
4
....................
Balsams,
copaiba,
sulfurized,
vanadium
salts
.......
July
11,
2003
September
9,
2003
*
*
*
*
*
[
FR
Doc.
03
 
14749
Filed
6
 
10
 
03;
8:
45
am]

BILLING
CODE
6560
 
50
 
S
DEPARTMENT
OF
TRANSPORTATION
National
Highway
Traffic
Safety
Administration
49
CFR
Part
571
[
Docket
No.
NHTSA
 
03
 
15343]

RIN
2127
 
AJ09
Federal
Motor
Vehicle
Safety
Standards;
Occupant
Crash
Protection
AGENCY:
National
Highway
Traffic
Safety
Administration
(
NHTSA);
Department
of
Transportation.
ACTION:
Correcting
amendment.

SUMMARY:
This
rule
corrects
errors
in
Figures
6a,
6b,
7,
8,
and
9
of
Federal
Motor
Vehicle
Safety
Standard
No.
208,
Occupant
crash
protection
(
FMVSS
No.
208).
These
figures
were
added
to
the
standard
in
two
separate
and
unrelated
rulemakings.
They
provide
instructions
regarding
format
that
are
inconsistent
with
the
requirements
in
the
regulatory
text
of
the
standard.
This
document
resolves
the
problem
by
removing
the
inconsistent
instructions
from
the
figures.

DATES:
This
final
rule
is
effective
June
11,
2003.

FOR
FURTHER
INFORMATION
CONTACT:
For
non­
legal
issues,
you
may
contact
Lou
Molino,
Office
of
Crashworthiness
Standards,
Light
Duty
Vehicle
Division,
NVS
 
112.
Telephone:
(
202)
366
 
2264.
Fax:
(
202)
493
 
2739.
For
legal
issues,
you
may
contact
Rebecca
MacPherson,
Office
of
Chief
Counsel,
NCC
 
20.
Telephone:
(
202)
366
 
2992.
Fax:
(
202)
366
 
3820.
You
may
send
mail
to
these
officials
at
the
National
Highway
Traffic
Safety
Administration,
400
Seventh
St.,
SW.,
Washington,
DC
20590.

SUPPLEMENTARY
INFORMATION:
On
March
19,
2001,
NHTSA
provided
Mr.
Todd
Mitchell
of
ITW
Meyercord
with
a
letter
of
legal
interpretation
stating
that
three
of
four
warning
labels
specified
in
FMVSS
No.
208
were
required
to
be
outlined
with
black
horizontal
and
vertical
lines.
This
interpretation
was
based
on
the
figures
in
the
standard
for
those
labels.
The
figures
depict
labels
with
an
outline
and
contain
an
instruction
specifying
the
color
of
the
outline
(``
Label
Outline,
Vertical
and
Horizontal
Line
Black'').
Based
on
the
depiction
of
an
outline
and
on
the
specification
of
a
color
for
the
outline,
the
agency
concluded
that
an
outline
is
required.
NHTSA
determined
that
the
fourth
label
is
not
required
to
have
an
outline
because
the
instructions
in
the
figure
for
that
label
do
not
include
a
color
specification
explicitly
referring
to
an
``
outline.''
1
On
May
2,
2001,
the
Alliance
of
Automobile
Manufacturers
submitted
a
letter
to
NHTSA
asking
the
agency
to
reconsider
the
interpretation.
It
argued
that
the
regulatory
text
of
the
standard
neither
requires
conformity
with
the
format
of
the
label
shown
in
the
figures
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23:
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