Notices. Notice of Intended Transfer of Confidential Business Information to Contractor

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

BILLING CODE 6820-KF-M ENVIRONMENTAL PROTECTION AGENCY [FRL-8216-8] Clean Water Act; Contractor Access to Confidential Business Information AGENCY: Environmental Protection Agency (EPA). ACTION: Notice of Intended Transfer of Confidential Business Information to Contractor. SUMMARY: The Environmental Protection Agency

(EPA)intends to transfer confidential business information

(CBI)collected from airport deicing operations to SciMetrika. Transfer of the information will allow the contractor to support EPA in the planning, development, and review of effluent limitations guidelines and standards for the airport deicing point source category. The information being transferred was or will be collected from airports and airlines under the authority of section 308 of the Clean Water Act (CWA). Interested persons may submit comments on this intended transfer of information to the address noted below. DATES: Comments on the transfer of data are due September 11, 2006. ADDRESSES: Comments may be sent to Mr. M. Ahmar Siddiqui, Document Control Officer, Engineering and Analysis Division (4303T), Room 6231S EPA West, U.S. EPA, 1200 Pennsylvania Ave., NW., Washington, DC 20460. FOR FURTHER INFORMATION CONTACT: Mr. M. Ahmar Siddiqui, Document Control Officer, at

(202)566-1044, or via e-mail at *siddiqui.ahmar@epa.gov.* SUPPLEMENTARY INFORMATION: EPA has transferred CBI to various contractors and subcontractors over the history of the effluent guidelines program. EPA determined that this transfer was necessary to enable the contractors and subcontractors to perform their work in supporting EPA in planning, developing, and reviewing effluent guidelines and standards for certain industries. Today, EPA is giving notice that it has entered into a contract with SciMetrika, contract number EP-C-06-075, located in Research Triangle Park, North Carolina. The purpose of this contract is to secure statistical analysis support for EPA in its development, review, implementation, and defense of water-related initiatives for the airport deicing point source category. All EPA contractor, subcontractor, and consultant personnel are bound by the requirements and sanctions contained in their contracts with EPA and in EPA's confidentiality regulations found at 40 CFR Part 2, Subpart B. SciMetrika will adhere to EPA-approved security plans which describe procedures to protect CBI. SciMetrika will apply the procedures in these plans to CBI previously gathered by EPA and to CBI that may be gathered in the future for the airport deicing point source category. The security plans specify that contractor personnel are required to sign non-disclosure agreements and are briefed on appropriate security procedures before they are permitted access to CBI. No person is automatically granted access to CBI: a need to know must exist. The information that will be transferred to SciMetrika consists of information previously collected by EPA to support the development and review of effluent limitations guidelines and standards under the CWA for the airport deicing point source category. EPA also intends to transfer to SciMetrika all information listed in this notice, of the type described above (including CBI) that may be collected in the future under the authority of section 308 of the CWA or voluntarily submitted ( *e.g.* , in comments in response to a **Federal Register** notice), as is necessary to enable SciMetrika to carry out the work required by its contract to support EPA's development of effluent limitations guidelines and standards for the airport deicing point source category. Dated: August 21, 2006. Ephraim S. King, Director, Office of Science and Technology. [FR Doc. E6-14643 Filed 9-1-06; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-ORD-2006-0384; FRL-8216-9] Human Studies Review Board (HSRB); Notification of a Public Teleconference To Review Its Draft Report from the June 27-30, 2006 HSRB Meeting AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: The EPA Human Studies Review Board

(HSRB)announces a public teleconference meeting to discuss its draft HSRB report from the June 27-30, 2006 HSRB meeting. DATES: The teleconference will be held on September 26, 2006, from 1-4 p.m. (Eastern Time). *Location:* The meeting will take place via telephone only. *Meeting Access:* For information on access or services for individuals with disabilities, please contact the DFO at least 10 business days prior to the meeting using the information under FOR FURTHER INFORMATION CONTACT , so that appropriate arrangements can be made. *Procedures for Providing Public Input:* Interested members of the public may submit relevant written or oral comments for the HSRB to consider during the advisory process. Additional information concerning submission of relevant written or oral comments is provided in Unit I.D. of this notice. FOR FURTHER INFORMATION CONTACT: Members of the public who wish to obtain the call-in number and access code to participate in the telephone conference, request a current draft copy of the Board's report or who wish further information may contact Maria Szilagyi, Designated Federal Officer (DFO), EPA, Office of the Science Advisor, (8105), Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460; or via telephone/voice mail at (202)564-8609 or via e-mail at *szilagyi.maria@epa.gov* . General information concerning the EPA HSRB can be on the EPA Web site at *http://www.epa.gov/osa/hsrb/* . ADDRESSES: Submit your written comments, identified by Docket ID No. EPA-HQ-ORD-2006-0384, by one of the following methods: *http://www.regulations.gov* : Follow the on-line instructions for submitting comments. *E-mail:* *ORD.Docket@epa.gov* . *Mail:* ORD Docket, Environmental Protection Agency, Mailcode: 28221T, 1200 Pennsylvania Ave., NW., Washington, DC 20460. *Hand Delivery:* EPA Docket Center (EPA/DC), Public Reading Room, Infoterra Room (Room Number 3334), EPA West Building, 1301 Constitution Avenue, NW., Washington, DC 20460, Attention Docket ID No. EPA-ORD-2006-0384. Deliveries are only accepted from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. Special arrangements should be made for deliveries of boxed information. *Instructions:* Direct your comments to Docket ID No. EPA-HQ-ORD-2006-0384. EPA's policy is that all comments received will be included in the public docket without change and may be made available online at *http://www.regulations.gov* , including any personal information provided, unless the comment includes information claimed to be Confidential Business Information

(CBI)or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through *http://www.regulations.gov* or e-mail. The *http://www.regulations.gov* Web site is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA, without going through *http://www.regulations.gov* , your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. 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. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. I. Public Meeting A. Does this Action Apply to Me? This action is directed to the public in general. This action may, however, be of interest to persons who conduct or assess human studies on substances regulated by EPA or to persons who are or may be required to conduct testing of chemical substances under the Federal Food, Drug, and Cosmetic Act (FFDCA) or the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). 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 person listed under FOR FURTHER INFORMATION CONTACT . B. How Can I Access Electronic Copies of this Document and Other Related Information? In addition to using regulations.gov, you may access this **Federal Register** document electronically through the EPA Internet under the “ **Federal Register** ” listings at *http://www.epa.gov/fedrgstr/* . *Docket:* All documents in the docket are listed in the *http://www.regulations.gov* index. Although listed in the index, some information is not publicly available, *e.g.* , CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in *http://www.regulations.gov* or in hard copy at the ORD Docket, EPA/DC, Public Reading Room, Infoterra Room (Room Number 3334), 1301 Constitution Ave., NW., Washington, DC. The 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 Public Reading Room is

(202)566-1744, and the telephone number for the ORD Docket is

(202)566-1752. The June 27-30, 2006 HSRB meeting draft report is now available. You may obtain electronic copies of this document, and certain other related documents that might be available electronically, from the regulations.gov Web site and the HSRB Internet Home Page at *http://www.epa.gov/osa/hsrb/* . For questions on document availability or if you do not have access to the Internet, consult the person listed under FOR FURTHER INFORMATION CONTACT . C. 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. Provide specific examples to illustrate your concerns. 5. 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. D. How May I Participate in this Meeting? You may participate in this meeting by following the instructions in this section. To ensure proper receipt by EPA, it is imperative that you identify docket ID number EPA-HQ-ORD-2006-0384 in the subject line on the first page of your request. 1. *Oral comments.* Requests to present oral comments will be accepted up to September 19, 2006. To the extent that time permits, interested persons who have not pre-registered may be permitted by the Chair of the HSRB to present oral comments at the meeting. Each individual or group wishing to make brief oral comments to the HSRB is strongly advised to submit their request (preferably via e-mail) to the DFO listed under FOR FURTHER INFORMATION CONTACT no later than noon, eastern time, September 19, 2006, in order to be included on the meeting agenda and to provide sufficient time for the HSRB Chair and HSRB DFO to review the meeting agenda to provide an appropriate public comment period. The request should identify the name of the individual making the presentation and the organization (if any) the individual will represent. Oral comments before the HSRB are limited to 5 minutes per individual or organization. Please note that this includes all individuals appearing either as part of, or on behalf of an organization. While it is our intent to hear a full range of oral comments on the science and ethics issues under discussion, it is not our intent to permit organizations to expand these time limitations by having numerous individuals sign up separately to speak on their behalf. If additional time is available, there may be flexibility in time for public comments. 2. *Written comments.* Although you may submit written comments at any time, for the HSRB to have the best opportunity to review and consider your comments as it deliberates on its report, you should submit your comments at least 5 business days prior to the beginning of this teleconference. If you submit comments after this date, those comments will be provided to the Board members, but you should recognize that the Board members may not have adequate time to consider those comments prior to making a decision. Thus, if you plan to submit written comments, the Agency strongly encourages you to submit such comments no later than noon, Eastern Time, September 19, 2006. You should submit your comments using the instructions in Unit 1.C. of this notice. In addition, the Agency also requests that person(s) submitting comments directly to the docket also provide a copy of their comments to the DFO listed under FOR FURTHER INFORMATION CONTACT . There is no limit on the length of written comments for consideration by the HSRB. E. Background The EPA Human Studies Review Board will be reviewing its draft report from the June 27-30, 2006 HSRB meeting. Background on the June 27-30, 2006 HSRB meeting can be found at **Federal Register** 71 108, 32536 (June 6, 2006) and at the HSRB Web site *http://www.epa.gov/osa/hsrb/* Finally, the Board may discuss planning for future HSRB meetings. Dated: August 30, 2006. William H. Farland, Acting EPA Science Advisor. [FR Doc. E6-14644 Filed 9-1-06; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPPT-2006-0494; FRL-8075-3] Lead-Based Paint Activities; State of Hawaii Lead-Based Paint Program AGENCY: Environmental Protection Agency (EPA). ACTION: Notice; requests for comments and opportunity for public hearing. SUMMARY: On November 17, 2005, EPA received an application from the State of Hawaii requesting authorization to administer a program in accordance with section 402 of the Toxic Substances Control Act (TSCA). Included in the application was a letter signed by Hawaii's Attorney General stating that the State's Lead-Based Paint Abatement Program is at least as protective of human health and the environment as the Federal program under TSCA section 402. Also included in the letter from the Attorney General of Hawaii is the certification that the laws and regulations of the State of Hawaii provide adequate legal authority to administer and enforce TSCA section 402. The application was followed by a transmittal letter of February 8, 2006, from the Governor of the State of Hawaii requesting program approval. Hawaii certifies that its program meets the requirements for approval of a State program under TSCA section 404 and that Hawaii has the legal authority and ability to implement the appropriate elements necessary to enforce the program. Therefore, pursuant to TSCA section 404, the program is deemed authorized as of the date of submission. If EPA finds that the program does not meet the requirements for approval of a State program, EPA will disapprove the program, at which time a notice will be issued in the **Federal Register** and the Federal program will be established. This notice announces the receipt of Hawaii's application, provides a 45-day public comment period, and an opportunity to request a public hearing on the application. DATES: Comments on the application must be received on or before October 20, 2006. ADDRESSES: Submit all written comments and/or requests for a public hearing identified by docket identification

(ID)number EPA-HQ-OPPT-2006-0494, by one of the following methods: • *Federal eRulemaking Portal* : *http://www.regulations.gov* . Follow the on-line instructions for submitting comments. • *Fax* :

(415)947-3583. • *Mail:* Nancy Oien, Regional Lead Coordinator, Environmental Protection Agency, Region IX, CED-4, 75 Hawthorne St., San Francisco, CA 94105-3901. • *Delivery* : Environmental Protection Agency, Region IX, CED-4, 75 Hawthorne St., San Francisco, CA 94105-3901. *Instructions* : Direct your comments to Docket ID number EPA-HQ-OPPT-2006-0494. EPA's policy is that all comments received will be included in the public docket without change and may be made available on-line at *http://www.regulations.gov* , including any personal information provided, unless the comment includes information claimed to be Confidential Business Information

(CBI)or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through regulations.gov or e-mail. The regulations.gov Web site is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through regulations.gov, your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of the comment and with any disk or CD ROM you submit. 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. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. For additional information about EPA's public docket, visit the EPA Docket Center homepage at *http://www.epa.gov/epahome/dockets.htm.* Comments, data, and requests for a public hearing may also be submitted electronically to: *oien.nancy@epa.gov* . *Docket* : All documents in the docket are listed in the docket index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically at *http://www.regulations.gov* or in hard copy at the EPA Region IX Library at 75 Hawthorne St., San Francisco, CA 94105. This docket facility is open from 8 a.m. to noon and 1 p.m. to 4 p.m., Monday through Friday, excluding legal holidays. The docket facility telephone number is

(415)947-4406. FOR FURTHER INFORMATION CONTACT: Nancy Oien, Regional Lead Coordinator, Region IX, CED-4, 75 Hawthorne St., San Francisco, CA 94105-3901; telephone:

(415)972-3780; e-mail address: *oien.nancy@epa.gov* . SUPPLEMENTARY INFORMATION: I. General A. Does this Action Apply to Me? This notice is directed to the public in general. This notice may, however, be of interest to firms and individuals engaged in lead-based paint activities in Hawaii. Since other entities may also be interested, the Agency has not attempted to describe all the specific entities that may be affected by the notice. If you have any questions regarding the applicability of this notice to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT . B. What is the Agency's Authority for Taking this Action? On October 28, 1992, the Housing and Community Development Act of 1992, Public Law 102-550, became law. Title X of that statute was the Residential Lead-Based Paint Hazard Reduction Act of 1992. The Act amended TSCA (15 U.S.C. 2601 *et seq.* ) by adding Title IV (15 U.S.C. 2681-2692), titled “Lead Exposure Reduction.” Section 402 of TSCA (15 U.S.C. 2682) authorizes and directs EPA to promulgate final regulations governing lead-based paint activities in target housing, public and commercial buildings, bridges, and other structures. On August 29, 1996 (61 FR 45777) (FRL-5389-9), EPA promulgated final TSCA section 402/404 regulations governing lead-based paint activities in target housing and child-occupied facilities (a subset of public buildings). These regulations are to ensure that individuals engaged in such activities are properly trained, that training programs are accredited, and that individuals engaged in these activities are certified and follow documented work practice standards. Under TSCA section 404 (15 U.S.C. 2684), a State or Indian Tribe may seek authorization from EPA to administer and enforce its own lead-based paint activities program. States and Tribes that choose to apply for program authorization must submit a complete application to the appropriate Regional EPA Office for review. EPA will review those applications within 180 days of receipt of the complete application. To receive EPA approval, a State or Tribe must demonstrate that its program is at least as protective of human health and the environment as the Federal program, and provides for adequate enforcement (section 404(b) of TSCA, 15 U.S.C. 2684(b)). EPA's regulations (40 CFR part 745, subpart Q) provide the detailed requirements a State or Tribal program must meet in order to obtain EPA authorization. A State may choose to certify that its lead-based paint activities program meets the requirements for EPA authorization by submitting a letter signed by the Governor or the Attorney General stating that the program meets the requirements of section 404(b) of TSCA. Upon submission of such certification letter, the program is deemed authorized until such time as EPA disapproves the program application or withdraws the application. Section 404(b) of TSCA provides that EPA may approve a program application only after providing notice and an opportunity for a public hearing on the application. Therefore, by this notice EPA is soliciting public comment on whether Hawaii's application meets the requirements for EPA approval. This notice also provides an opportunity to request a public hearing on the application. If EPA finds that the program does not meet the requirements for authorization of a state program, EPA will disapprove the program application, at which time a notice will be issued in the **Federal Register** and the Federal program will be established in Hawaii. II. State Program Description Summary This summary is provided in accordance with 40 CFR 745.324(a)(4). The applicant has provided the following summary of their lead program. On September 19, 2005, Hawaii's Department of Health

(HDH)adopted Title 11, Chapter 11-41, Hawaii Administrative Rules titled “Lead-Based Paint Activities” pursuant to Hawaii statutes in Chapters 91 and 92 and Hawaii's revised statute in section 321-11. These changes authorized Hawaii's Department of Health to adopt and enforce requirements equivalent to the requirements of 40 CFR part 745, subpart L, into Hawaii's Administrative Rules in accordance with Hawaii's Revised Statutes, Title 19, Chapter 342P. Public hearings were held on April 22, 2004, Hilo, Island of Hawaii; April 23, 2004, Kailua Kona, Island of Hawaii; May 4, 2004, Lihue, Kona; May 6, 2004, Wailuku, Maui; and May 7, 2004, Honolulu, Oahu to consider comments on the proposed adoption of administrative rule amendments and Hawaii's intent to seek EPA authorization of its lead-based paint program. Comments were accepted for 40 days after the published date of March 29, 2004. There were no oral comments given at the hearings, but two sets of written comments were received. The written comments were technical in nature and some changes were made to remain as protective as the Federal standards. These changes were reviewed by the State Attorney General who deemed that no additional public hearing was required. The Post Hearing Small Business Impact Statement was written and approved by the Small Business Regulatory Review Board pursuant to section 201M-3, Hawaii Revised Statutes and the Hawaii's Governor's Administrative Directive No. 99-02. On September 19, 2005, the Governor of the State of Hawaii signed the final rule. The final rule became effective on October 3, 2005. The Hawaii Department of Health began implementing its program on October 3, 2005. Additional information, copies of the documents referenced above, and application forms for licensing and certification may be obtained by contacting: Tom Lileikis, Environmental Health Specialist, Hawaii Health Department, Noise, Radiation, and Indoor Air Quality Branch, 591 Ala Moana Blvd., #133, Honolulu, Hawaii 96813; telephone number:

(808)586-5800; e-mail address: *tlileiki@ehsdmail.health.state.hi.us.* EPA determined that Hawaii's original application of November 17, 2005, was incomplete as the transmittal letter from the State Governor requesting program approval was missing. The State of Hawaii submitted the Governor's request on February 8, 2006, in accordance with 40 CFR 745.324(d), “Program Certification,” certifying that the State program meets the requirements contained in 40 CFR 745.324(e)(2)(i) and (e)(2)(ii). Therefore, as of November 17, 2005, the State of Hawaii is authorized to administer and enforce the lead-based paint program under TSCA section 402, until such time as the Administrator disapproves the application or withdraws the State's program authorization. III. Federal Overfiling Section 404(b) of TSCA (15 U.S.C. 2684(b)) makes it unlawful for any person to violate, or fail or refuse to comply with, any requirement of an approved State or Tribal program. Therefore, EPA reserves the right to exercise its enforcement authority under TSCA against a violation of, or a failure or refusal to comply with, any requirement of an authorized State or Tribal program. IV. Submission to Congress and the Comptroller General The Congressional Review Act, 5 U.S.C. 801 *et seq* . as amended by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before certain actions may take effect, the agency promulgating the action must submit a report, which includes a copy of the action, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action 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 document in the **Federal Register** . This action is not a “major rule” as defined by 5 U.S.C. 804(2). List of Subjects Environmental protection, Hazardous substances, Lead, Reporting and recordkeeping requirements. Dated: August 3, 2006. Laura Yoshii, Acting Regional Administrator, Region IX. [FR Doc. E6-14588 Filed 9-01-06; 8:45 am] BILLING CODE 6560-50-S ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPPT-2003-0010; FRL-8088-3] 1,2-Ethylene Dichloride Tier I Program Review Testing; Notice of Availability and Solicitation of Comment AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: Under section 4 of the Toxic Substances Control Act (TSCA), EPA issued a testing consent order that incorporated an enforceable consent agreement

(ECA)for 1,2-ethylene dichloride (EDC). The companies subject to the ECA agreed to conduct toxicity testing, develop a computational dosimetry model for route-to-route extrapolations, and develop pharmacokinetics and mechanistic testing data that are intended to satisfy the toxicological data needs for EDC identified in a TSCA section 4 proposed test rule for a number of hazardous air pollutant chemicals. This notice announces that EPA is starting the program review component of the EDC ECA alternative testing program, and solicits comment on data received under the Tier I Program Review Testing segment of the EDC ECA. Comments are expected to inform EPA's decision on whether data and computational dosimetry model development completed by the test sponsors are sufficient to proceed with the Tier II Testing and computational dosimetry modeling for route-to-route extrapolations listed in the EDC ECA. DATES: Comments must be received on or before October 5, 2006. ADDRESSES: Submit your comments, identified by docket identification

(ID)number EPA-HQ-OPPT-2003-0010, by one of the following methods: • *Federal eRulemaking Portal* : *http://www.regulations.gov* . Follow the on-line instructions for submitting comments. • *Mail* : Document Control Office (7407M), Office of Pollution Prevention and Toxics (OPPT), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001. • *Hand Delivery* : OPPT Document Control Office (DCO), EPA East, Rm. 6428, 1201 Constitution Ave., NW., Washington, DC. Attention: Docket ID Number EPA-HQ-OPPT-2003-0010. 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. Such deliveries are only accepted during the DCO's normal hours of operation, and special arrangements should be made for deliveries of boxed information. *Instructions* : Direct your comments to docket ID number EPA-HQ-OPPT-2003-0010. EPA's policy is that all comments received will be included in the public docket without change and may be made available on-line at *http://www.regulations.gov* , including any personal information provided, unless the comment includes information claimed to be Confidential Business Information

(CBI)or other information for which disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through regulations.gov or e-mail. The regulations.gov website is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through regulations.gov, your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD ROM you submit. 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. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. *Docket* : All documents in the docket are listed in the regulations.gov index. Although listed in the index, some information is not publicly available, e.g., CBI or other information for which disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically at *http://www.regulations.gov* , or in hard copy at the OPPT Docket, EPA Docket Center (EPA/DC), EPA West, Rm. B102, 1301 Constitution Ave., NW., Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number of the Public Reading Room is

(202)566-1744, and the telephone number for the OPPT Docket is

(202)566-0280. 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* : Richard Leukroth or John Schaeffer, Chemical Control Division (7405M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:

(202)564-8157; e-mail address: *ccd.citb@epa.gov* . SUPPLEMENTARY INFORMATION: I. General Information A. Does this Action Apply to Me? This action is directed to the public in general, and may be of particular interest to those persons who are or may be required to conduct testing of chemical substances under TSCA. 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 either technical person listed under FOR FURTHER INFORMATION CONTACT . B. What Should I Consider as I Prepare My Comments for EPA? 1. *Technical and scientific considerations* . EPA invites interested parties to provide views on the test sponsors' Tier I Program Review Testing reports entitled: *1,2-Dichloroethane (EDC): Limited Pharmacokinetics and Metabolism Study in Fischer 344 Rats* and *Physiologically Based Pharmacokinetic Model Development and Simulations for Ethylene Dichloride (1,2-Dichloroethane) in Rats* (Refs. 1 and 2). These reports describe a computational dosimetry model for route-to-route extrapolation and development of pharmacokinetics and mechanistic data (PK/MECH data) that will support the use of this model for quantitative route-to-route extrapolations specific to endpoints listed under Tier II of the EDC ECA. The computational dosimetry model and PK/MECH data described in these reports, if deemed acceptable to EPA, will be applied to support the EDC ECA Tier II Testing and computational dosimetry model extrapolation reporting called for under Tier II of the EDC ECA. EPA is interested in comments on the PK/MECH data, the EDC computational dosimetry model for route-to-route extrapolation, and the utility of resulting derived computational data from the EDC computational dosimetry model that will be developed under Tier II of the EDC ECA. 2. *Submitting CBI* . Do not submit CBI to EPA through regulations.gov or e-mail. Clearly mark the part or all of the information that you claim to be CBI. For CBI information contained in a disk or CD ROM that you mail to EPA, 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 claimed CBI. In addition to one complete version of the comment that includes 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. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. 3. *Tips for preparing your comments* . When submitting comments, remember to: i. Identify the document by docket ID number and other identifying information (subject heading, **Federal Register** date and page number). ii. Follow directions. As discussed in Unit I.B.1., the Agency asks you to respond to specific questions regarding the EDC ECA program review. iii. Explain why you agree or disagree with the materials under consideration for the EDC ECA program review; provide a convincing argument for your views or offer alternative ways to improve the science. iv. Describe any assumptions and provide any technical information and/or data that you used. v. If you estimate potential costs or burdens, explain how you arrived at your estimate in sufficient detail to allow for it to be reproduced. vi. Provide specific examples to illustrate your concerns and suggested alternatives. vii. Explain your views as clearly as possible, avoiding the use of profanity or personal threats. viii. Make sure to submit your comments by the comment period deadline identified. II. Background A. What Testing is EPA Requiring for EDC? EPA proposed health effects testing under TSCA section 4(a) for a number of hazardous air pollutants (HAPs or HAP chemicals), including EDC, in the **Federal Register** of June 26, 1996 (Ref. 3), as amended (Refs. 4 and 5). The testing needs for EDC identified in the HAPs proposed rule, as amended, are acute toxicity, subchronic toxicity, developmental toxicity, reproductive toxicity, and neurotoxicity (acute and subchronic), to be conducted by the inhalation route of exposure. In that proposed TSCA section 4(a) rule, EPA also invited the submission of proposals that could use the performance of PK studies and computional dosimetry modeling to permit extrapolation from oral data to predict risk from inhalation exposure. Such proposals could provide the scientific basis for alternative testing to the testing proposed under the rule and form the basis for developing needed HAPs data via ECAs (Refs. 3, 4, and 5). On November 22, 1996, Dow Chemical Company, Vulcan Materials Company, Occidental Chemical Corporation, Oxy Vinyls, LP, Georgia Gulf Corporation, Westlake Chemical Corporation, PPG Industries, Inc., and Formosa Plastics Corporation, U.S.A. (the Companies), under the auspices of the HAP Task Force (the principal testing sponsor), submitted a proposal for alternative testing of EDC that included physiologically based pharmacokinetics

(PBPK)studies and computational dosimetry model development to support route-to-route extrapolation of testing to be conducted under the ECA by the oral route (Ref. 6). EPA considered this proposal sufficient (Ref. 7) to enter into ECA negotiations with the Companies and other interested parties (Ref. 8). The ECA for EDC was announced in the **Federal Register** of June 3, 2003 (Ref. 9). Under the EDC ECA (Ref. 10), the HAPs data needs for EDC are being addressed via an alternative testing program that utilizes testing by inhalation and the oral route, computational dosimetry model development, and development of PK/MECH data to support route-to-route extrapolation modeling for health effects endpoints identified in the ECA. EPA anticipates fulfilling all of the health effects testing requirements identified in the HAPs proposed rule, as amended, by implementation of the testing to be performed under the EDC ECA and Order. B. How is EPA Implementing Testing for EDC Under the ECA? The EDC ECA alternative testing program has four segments, as follows: Tier I HAPs Testing, Tier I Program Review Testing, EPA Program Review, and Tier II Testing and/or Extrapolation Reporting. 1. *Tier I HAPs Testing* . The ECA testing and reporting requirements for Tier I HAPs Testing have been completed. Under this segment of the EDC ECA, the Companies performed endpoint testing for acute toxicity, with bronchoalveolar lavage

(BAL)and histopathology, and acute neurotoxicity (Ref. 11). These studies were conducted under a combined protocol by inhalation exposure. The ECA acknowledged that macrophage function testing (a component of EPA's acute toxicity test guideline 40 CFR 799.9135) is adequately fulfilled by existing data published by Sherwood et al. (1987; Ref. 12) and also acknowledged that the developmental studies reported by Rao et al. (1980; Ref. 13), in rabbits, and Payan et al. (1995; Ref. 14) in rats, adequately fulfill the HAPs rulemaking testing requirements for developmental toxicity testing for EDC. 2. *Tier I Program Review Testing* . The ECA testing and reporting requirements for Tier I Program Review Testing have been completed. Under this segment of the EDC ECA the Companies conducted studies to extend the computational dosimetry model of D'Souza et al. (1987, 1988; Refs. 15 and 16) in order to apply the model to the specific health effects endpoints for EDC listed in the ECA, validate the model, and verify the model's ability to perform quantitative route-to-route extrapolations of dose response. The ECA provided for the development of PK/MECH data to support the application of the computational dosimetry model for the endpoints listed under Tier II of the EDC ECA. The Companies also provided model simulations with point and uncertainty estimates of internal dose metrics (parent chemical peak and area under the curve

(AUC)concentrations in blood and brain, and 24-hour total glutathione (GSH)-dependent metabolism in lung and liver) in rats and humans to inform quantitative route-to-route extrapolations of the EDC dose response. Furthermore, based on an additional analysis of the D'Souza et al. model, the ECA was modified to include the kidney in the examination of GSH-dependent metabolism (Refs. 17, 18, and 19). Information derived from the GSH-metabolism, PK/MECH data, and model simulations will be used to evaluate the acceptability of performing: i. Oral-to-inhalation extrapolation of subchronic toxicity data reported by Daniel, et al. (1994; Ref. 20) relevant to corn oil gavage. ii. Oral-to-inhalation extrapolation of subchronic neurotoxicity data relevant to drinking water exposure of a study to be conducted under Tier II Testing. iii. Oral-to-inhalation extrapolation of reproductive effects testing conducted under Tier II Testing and each dosing paradigm of studies reported by Alumot et al. (1976; Ref. 21), Rao et al. (1980, Ref. 13), and Lane et al. (1982; Ref. 22). 3. *EPA Program Review* . As indicated in Unit VI.C. of the EDC ECA and Unit II.B.3. of this notice, computational dosimetry model development and data from Tier I Program Review Testing are subject to an EPA Program Review. The EPA Program Review will determine whether the computational dosimetry model and the PK/MECH data used to support the route-to-route extrapolations of dose response are scientifically sound and provide the highest quality data. Specifically, as described in Unit VII. of the EDC ECA, the EPA Program Review will determine: i. Whether it is feasible and appropriate to apply Tier I Program Review Testing data and data from other studies acceptable to EPA to support computational route-to-route extrapolations of dose response for any or all of the endpoints listed in the Tier II Testing segment of the ECA, including endpoint data from extant studies cited in the EDC ECA; ii. Whether the data from the Tier I Program Review Testing segment provide a sufficient basis for conducting the endpoint testing and/or the computational route-to-route extrapolations for the dose responses specified in the Tier II Testing segment; and/or iii. The nature and scope of any additional work (e.g., development of additional PK/MECH data, modification to the EDC computational dosimetry model) that may be required to support Tier II Testing and application of the EDC computational dosimetry model for route-to-route extrapolation of dose-response reporting for the testing endpoints listed under Tier II of the EDC ECA. 4. *Tier II Testing and/or Extrapolation Reporting* . This segment of the EDC ECA alternative testing program will consist of endpoint testing by drinking water exposure for subchronic neurotoxicity and reproductive toxicity. The reproductive effects toxicity testing is intended to confirm studies reported by Alumot et al. (1976; Ref. 21), Rao et al. (1980; Ref. 13), and Lane et al. (1982; Ref. 22), and provide data needed on fertility index, gestation index, gross necropsy, organ weight, histopathology, estrous cycle, sperm evaluation, vaginal opening, and preputial separation as described in the ECA. This segment will also include application of the EDC computational dosimetry model for quantitative route-to-route extrapolation reporting (oral to inhalation) for Tier II endpoint testing (subchronic neurotoxicity and reproductive toxicity) and similar computational extrapolation reporting for extant subchronic toxicity reported by Daniel et al. (1994; Ref. 20). III. What Action is the Agency Taking? A. What Opportunity is There for Public Involvement in EPA's Program Review? Tier I HAPs Testing for EDC is completed and reports for Tier I Program Review Testing have been submitted by the Companies. Copies of these submissions are available in the public docket (EPA-HQ-OPPT-2003-0010). As described in Unit II.B.3. and stated in Part VI. of the EDC ECA, the next step is for EPA to conduct a Program Review on the data collected from the Tier I Program Review Testing segment of the EDC ECA alternative testing program. As noted in Unit I.B., this notice of availability and request for written comments provides an opportunity for public comment on reports subject to this EPA Program Review. B. What Happens at the Conclusion of EPA's Program Review? A description of the possible outcomes of the EPA Program Review is provided in Part VII. of the EDC ECA. Following the EPA Program Review, EPA will place in the public docket for this action (under docket ID number EPA-HQ-OPPT-2003-0010) a copy of each comment received, and a copy of the letter informing the HAP Task Force of the outcome from EPA's Program Review. EPA will publish a **Federal Register** notice which announces the availability of a report describing the findings and conclusions of the Program Review, responds to comments on the Tier I Program Review Testing, identifies any modifications to Tier II ECA activities, and establishes revised deadlines as needed for completion of Tier II Testing and route-to-route computational dosimetry modeling for extrapolations listed under Tier II of the ECA for EDC. IV. Materials in the Docket The docket for this document has been established under docket ID number EPA-HQ-OPPT-2003-0010. The public docket is available for review as specified in ADDRESSES . The following is a listing of the documents referenced in this preamble that have been placed in the public docket for this document: 1. HAP Task Force. Letter from Peter E. Voytek to the Document Control Office with attachment entitled: *1,2-Dichloroethane (EDC): Limited Pharmacokinetics and Metabolism Study in Fischer 344 Rats* . March 2, 2006. (See Document ID No. EPA-HQ-OPPT-2003-0010-0081 (for letter) and Document ID No. EPA-HQ-OPPT-2003-0010-0082 (for attachment)). 2. HAP Task Force. Letter from Peter E. Voytek to the Document Control Office with attachment entitled: *Physiologically Based Pharmacokinetic Model Development and Simulations for Ethylene Dichloride (1,2-Dichloroethane) in Rats* . July 7, 2006. (See Document ID No. EPA-HQ-OPPT-2003-0010-0086). 3. EPA. Proposed Test Rule for Hazardous Air Pollutants. Proposed Rule. **Federal Register** (61 FR 33178, June 26, 1996) (FRL-4869-1). Available on-line at *http://www.epa.gov/fedrgstr/* . 4. EPA. Amended Proposed Test Rule for Hazardous Air Pollutants; Extension of Comment Period. Proposed Rule. **Federal Register** (62 FR 67466, December 24, 1997) (FRL-5742-2). Available on-line at *http://www.epa.gov/fedrgstr/* . 5. EPA. Amended Proposed Test Rule for Hazardous Air Pollutants; Extension of Comment Period. Proposed Rule. **Federal Register** (63 FR 19694, April 21, 1998) (FRL-5780-6). Available on-line at *http://www.epa.gov/fedrgstr/* . 6. HAP Task Force. Letter from Peter E. Voytek to the Document Control Office with attachment entitled: *Proposal for Pharmacokinetics Study of Ethylene Dichloride, November 22, 1996* . November 22, 1996. (See Document ID No. EPA-HQ-OPPT-2003-0010-0034). 7. EPA. Letter from Charles M. Auer to Peter E. Voytek with attachment entitled: *Preliminary EPA Technical Analysis of Proposed Industry Pharmacokinetics

(PK)Strategy for Ethylene Dichloride, June, 1997* . June 26, 1997. (See Document ID No. EPA-HQ-OPPT-2003-0010-0035). 8. EPA. Enforceable Consent Agreement Development for Ethylene Dichloride; Solicitation of Interested Parties and Notice of Public Meeting. Notice. **Federal Register** (62 FR 6626, December 19, 1997) (FRL-5763-1). Available on-line at *http://www.epa.gov/fedrgstr/* . 9. EPA. 1,2-Ethylene Dichloride; Final Enforceable Consent Agreement and Testing Consent Order. Notice. **Federal Register** (68 FR 33125, June 3, 2003) (FRL-7300-6). Available on-line at *http://www.epa.gov/fedrgstr/* . 10. EPA. Enforceable Consent Agreement for 1,2-Ethylene Dichloride. May 15, 2003. (CAS No. 107-06-2) (See Document ID No. EPA-HQ-OPPT-2003-0010-0002). 11. HAP Task Force. Letter from Peter E. Voytek to the Document Control Office with attachment entitled: *1,2-Dichloroethane (EDC): Acute Inhalation Toxicity with Bronchoalveolar Lavage and Histopathology/Acute Inhalation Neurotoxicity Study in F344/DUCRL Rats* . June 21, 2006. (See Document ID Nos. EPA-HQ-OPPT-2003-0010-0087 through EPA-HQ-OPPT-2003-0010-0087.6). 12. Sherwood, R.L.; O'Shea, W.; Thomas, P.T.; Ratajczak, H.V.; and Aranyi, C. Effects of inhalation of ethylene dichloride on pulmonary defenses of mice and rats. *Toxicology and Applied Pharmacology* 91: 491-496 (1987). 13. Rao, K.S.; Murray, J.S.; Deacon, M.M.; John, J.A.; Calhoun, L.L.; and Young, J.T. Teratogenicity and reproduction studies in animals inhaling ethylene dichloride. *Banbury Report* 5: 149-166 (1980). 14. Payan, J.P.; Saillenfait, A.M.; Bonnet, P.; Fabry, J.P.; Langonne, I.; and Sabate J.P. Assessment of the developmental toxicity and placental transfer of the 1,2-dichloroethane in rats. *Fundamental and Applied Toxicology* 28: 187-198 (1995). 15. D'Souza, R.W.; Francis, W.R.; Bruce R.D.; and Andersen, M.E. Physiologically based pharmacokinetic model for ethylene dichloride and its application in risk assessment, pp 286-301. *Pharmacokinetics in Risk Assessment* . National Academy Press. Washington, DC (1987). 16. D'Souza, R.W.; Francis, W.R.; and Andersen, M.E. Physiological model for tissue glutathione depletion and increased resynthesis after ethylene dichloride exposure. *Journal of Pharmacology and Experimental Therapeutics* 245(2): 563-568 (1988). 17. EPA. Letter dated March 24, 2004 from Wardner G. Penberthy to Peter E. Voytek with two attachments entitled: i. *Addendum Modification to Enforceable Consent Agreement for 1,2,Ethylene Dichloride (EDC)* . ii. *Application of a PBPK model for cancer and non-cancer risk assessment of 1,2-dicholoroethane. Phase I: Evaluation of issues related to the use of a PBPK model for DCE* . Requisition Reference No. 2WE59, QT-DC-030387. (See Document ID Nos. EPA-HQ-OPPT-2003-0010-0059 (for letter) and EPA-HQ-OPPT-2003-0010-0060 (for attachments)). 18. HAP Task Force. Letter from Peter E. Voytek to the Document Control Office Re: Testing Consent Order for Ethylene Dichloride; Request for Modification of Enforceable Consent Agreement. June 21, 2004. (See Document ID No. EPA-HQ-OPPT-2003-0010-0063). 19. EPA. Letter dated July 14, 2004 from Wardner G. Penberthy to Peter E. Voytek RE: 1,2-Ethylene Dichloride (EDC), Request for Modification of PBPK Testing in Tier I Testing of the EDC ECA. (See Document ID No. EPA-HQ-OPPT-2003-0010-0065). 20. Daniel, F.B.; Robinson, M.; Olson, G.R.; York, R.G.; and Condie, L.W. Ten and ninety-day toxicity studies of 1,2-dichloroethane in Sprague-Dawley rats. *Drug and Chemical Toxicology* 17: 463-477 (1994). 21. Alumot, E.; Nachtomi, E.; Mandel, E.; Holstein, P.; Bondi, A.; and Herzberg, M. Tolerance and acceptable daily intake of chlorinated fumigants in the rat diet. *Food, Cosmetics and Toxicology* 14: 105-110 (1976). 22. Lane, R.W.; Riddle, B.L.; and Borzelleca, J.F. Effects of 1,2-dichloroethane and 1,1,1-trichloroethane in drinking water on reproduction and development in mice. *Toxicology and Applied Pharmacology* 63: 409-421 (1982). List of Subjects Environmental protection, 1,2-Ethylene Dichloride, Hazardous chemicals. Dated: August 24, 2006. Wardner G. Penberthy, Acting Director, Chemical Control Division, Office of Pollution Prevention and Toxics. [FR Doc. E6-14639 Filed 9-1-06; 8:45 am] BILLING CODE 6560-50-S FEDERAL RESERVE SYSTEM Formations of, Acquisitions by, and Mergers of Bank Holding Companies The companies listed in this notice have applied to the Board for approval, pursuant to the Bank Holding Company Act of 1956 (12 U.S.C. 1841 *et seq.* ) (BHC Act), Regulation Y (12 CFR Part 225), and all other applicable statutes and regulations to become a bank holding company and/or to acquire the assets or the ownership of, control of, or the power to vote shares of a bank or bank holding company and all of the banks and nonbanking companies owned by the bank holding company, including the companies listed below. The applications listed below, as well as other related filings required by the Board, are available for immediate inspection at the Federal Reserve Bank indicated. The application also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the standards enumerated in the BHC Act (12 U.S.C. 1842(c)). If the proposal also involves the acquisition of a nonbanking company, the review also includes whether the acquisition of the nonbanking company complies with the standards in section 4 of the BHC Act (12 U.S.C. 1843). Unless otherwise noted, nonbanking activities will be conducted throughout the United States. Additional information on all bank holding companies may be obtained from the National Information Center Web site at *www.ffiec.gov/nic/* . Unless otherwise noted, comments regarding each of these applications must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than September 29, 2006. **A. Federal Reserve Bank of Atlanta** (Andre Anderson, Vice President) 1000 Peachtree Street, N.E., Atlanta, Georgia 30303: *1. Traders & Farmers Bancshares, Inc.* Haleyville, Alabama; to become a bank holding company by acquiring 100 percent of the outstanding shares of Traders & Farmers Bank, Haleyville, Alabama. Board of Governors of the Federal Reserve System, August 30, 2006. Robert deV. Frierson, Deputy Secretary of the Board. [FR Doc. E6-14615 Filed 9-1-06; 8:45 am] BILLING CODE 6210-01-S DEPARTMENT OF HEALTH AND HUMAN SERVICES National Committee on Vital and Health Statistics: Meeting Pursuant to the Federal Advisory Committee Act, the Department of Health and Human Services

(HHS)announces the following advisory committee meeting. *Name:* National Committee on Vital and Health Statistics (NCVHS), Subcommittee on Populations. *Time and Date:* September 18, 2006, 8:30 a.m.-5 p.m. September 19, 2006, 8:30 a.m.-5 p.m. *Place:* Renaissance Washington, DC Hotel, 999 Ninth Street, NW., Washington, DC 20001.

(202)898-9000. *Status:* Open. *Purpose:* The purpose of the meeting is to identify data linkages for statistical purposes within and among Federal government agencies with a view to promoting best practices. *For Further Information Contact:* Substantive program information as well as summaries of meetings and a roster of Committee members may be obtained from Joan Turek, Ph.D., Staff to the Subcommittee on Populations, Office of the Assistant Secretary for Planning and Evaluation, Room 434E, 200 Independence Avenue, SW., Washington, DC 20201, telephone

(202)690-5945, e-mail *joan.turek@hhs.gov* ; or Marjorie S. Greenberg, Executive Secretary, NCVHS, National Center for Health Statistics, Centers for Disease Control and Prevention, 3311 Toledo Road, Room 2402, Hyattsville, Maryland 20782, telephone

(301)458-4245. Information also is available on the NCVHS home page of the HHS Web site: *http://www.ncvhs.hhs.gov/,* where further information including an agenda will be posted when available. Should you require reasonable accommodation, please contact the CDC Office of Equal Employment Opportunity on

(301)458-4EEO

(4336)as soon as possible. Dated: August 28, 2006. James Scanlon, Deputy Assistant Secretary for Science and Data Policy, Office of the Assistant Secretary for Planning and Evaluation. [FR Doc. 06-7403 Filed 9-1-06; 8:45 am]

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