Federal Register / Vol. 65, No. 93 / Friday, May 12, 2000 / Rules and Regulations 30543

the Code of Federal Regulations, in

compliance with the provisions in 1

CFR 8.2.

Accordingly, 32 CFR is amended by

removing part 2900 and vacating

chapter XXIX.

[FR Doc. 00–55506 Filed 5–11–00; 8:45 am]

BILLING CODE 1505–01–D

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 180

[OPP–300767A; FRL–6558–5]

Rin 2070–Ab78

Dicamba, Pesticide Tolerances;

Technical Amendment

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule; technical

amendment.

SUMMARY: EPA published in the Federal

Register of January 6, 1999, a document

establishing tolerances for residues of

dicamba in/on various raw agricultural

commodities. BASF Corporation

requested the tolerances under the

Federal Food, Drug and Cosmetic Act

(FFDCA), as amended by the Food

Quality Protection Act of 1996 (FQPA)

(Public Law 104–170). The regulation

was amended to include a new

metabolite and new commodities, as

described in the Final Rule. Tolerances

for soybean, forage, and hay were

inadvertently omitted from

§ 180.227(a)(3). This technical

amendment corrects this error by listing

these commodities in the existing

regulation.

DATES: This technical amendment is

effective May 12, 2000. Objections and

requests for hearings, identified by

docket control number OPP–300767A,

must be received by EPA on or before

July 11, 2000.

ADDRESSES: Written objections and

hearing requests may be submitted by

mail, in person, or by courier. Please

follow the detailed instructions for each

method as provided in Unit III. of the

SUPPLEMENTARY INFORMATION. To ensure

proper receipt by EPA, your objections

and hearing requests must identify

docket control number OPP–300767A in

the subject line on the first page of your

response.

FOR FURTHER INFORMATION CONTACT: By

mail: Joanne Miller, Registration

Division (7505C), Office of Pesticide

Programs, Environmental Protection

Agency, 401 M St., SW., Washington,

DC 20460. Office location, telephone

number, and e-mail address: Crystal

Mall #2, 1921 Jefferson Davis Hwy.,

Arlington, VA, (703) 308–9356; e-mail:

miller.joanne@epamail.epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

You may be affected by this action if

you are an agricultural producer, food

manufacturer, or pesticide

manufacturer. Potentially affected

categories and entities may include, but

are not limited to:

Categories NAICS Examples of potentially affected entities

Industry 111 Crop production.

112 Animal production.

311 Food manufacturing.

32532 Pesticide manufacturing.

This listing is not intended to be

exhaustive, but rather provides a guide

for readers regarding entities likely to be

affected by this action. Other types of

entities not listed in the table could also

be affected. The North American

Industrial Classification System

(NAICS) codes have been provided to

assist you and others in determining

whether or not this action might apply

to certain entities. If you have questions

regarding the applicability of this action

to a particular entity, consult the person

listed under FOR FURTHER INFORMATION

CONTACT.

B. How Can I Get Additional

Information, Including Copies of this

Document and Other Related

Documents?

1. Electronically.You may obtain

electronic copies of this document, and

certain other related documents that

might be available electronically, from

the EPA Internet Home Page at http://

www.epa.gov/. To access this

document, on the Home Page select

‘‘Laws and Regulations’’ and then look

up the entry for this document under

the ‘‘Federal Register—Environmental

Documents.’’ You can also go directly to

the Federal Register listings at http://

www.epa.gov/fedrgstr/.

2. In person. The Agency has

established an official record for this

action under docket control number

OPP–300767A. The official record

consists of the documents specifically

referenced in this action, and other

information related to this action,

including any information claimed as

Confidential Business Information (CBI).

This official record includes the

documents that are physically located in

the docket, as well as the documents

that are referenced in those documents.

The public version of the official record

does not include any information

claimed as CBI. The public version of

the official record, which includes

printed, paper versions of any electronic

comments submitted during an

applicable comment period is available

for inspection in the Public Information

and Records Integrity Branch (PIRIB),

Rm. 119, Crystal Mall #2, 1921 Jefferson

Davis Hwy., Arlington, VA, from 8:30

a.m. to 4 p.m., Monday through Friday,

excluding legal holidays. The PIRIB

telephone number is (703) 305–5805.

II. Background

EPA published a document on

January 6, 1999 (64 FR 759) (FRL–6049–

2), establishing, revising, and revoking

tolerances for residues of dicamba in/on

various raw agricultural commodities.

This regulation established maximum

permissible levels for residues of

dicamba in/on food commodities

pursuant to section 408(b)(2)(D) of the

Federal Food, Drug, and Cosmetic Act,

as amended by the Food Quality

Protection Act of 1996. Specifically,

EPA amended § 180.227 by

redesignating then existing paragraphs

(b) and (c) as paragraphs (a)(2) and

(a)(3), respectively. EPA further

amended § 180.227 by revising newly

designated paragraph (a)(2). In the

revision of § 180.227(a)(2), EPA left out

the tolerances for soybean, forage and

soybean, hay with the intention of

including those tolerances in newly

designated paragraph (a)(3). However,

entries for soybean, forage and soybean,

hay were inadvertently omitted from the

table in paragraph (a)(3). This technical

amendment corrects that oversight. The

tolerance levels for soybean, forage and

soybean, hay were listed correctly

throughout the document. The correct

tolerance levels, 0.01 ppm in/on

soybean forage and hay, will be restored

by this technical amendment. The

tolerances were not revoked and have

been enforceable during the lapse of

time they did not appear in the

regulation.

III. Objections and Hearing Requests

Under section 408(g) of the FFDCA, as

amended by the FQPA, any person may

file an objection to any aspect of this

regulation and may also request a

hearing on those objections. The EPA

procedural regulations which govern the

submission of objections and requests

for hearings appear in 40 CFR part 178.

Although the procedures in those

regulations require some modification to

reflect the amendments made to the

FFDCA by the FQPA of 1996, EPA will

30544 Federal Register / Vol. 65, No. 93 / Friday, May 12, 2000 / Rules and Regulations

continue to use those procedures, with

appropriate adjustments, until the

necessary modifications can be made.

The new section 408(g) provides

essentially the same process for persons

to ‘‘object’’ to a regulation for an

exemption from the requirement of a

tolerance issued by EPA under new

section 408(d), as was provided in the

old FFDCA sections 408 and 409.

However, the period for filing objections

is now 60 days, rather than 30 days.

A. What Do I Need to Do to File an

Objection or Request a Hearing?

You must file your objection or

request a hearing on this regulation in

accordance with the instructions

provided in this unit and in 40 CFR part

178. To ensure proper receipt by EPA,

you must identify docket control

number OPP–300767A in the subject

line on the first page of your

submission. All requests must be in

writing, and must be mailed or

delivered to the Hearing Clerk on or

before July 11, 2000.

1. Filing the request. Your objection

must specify the specific provisions in

the regulation that you object to, and the

grounds for the objections (40 CFR

178.25). If a hearing is requested, the

objections must include a statement of

the factual issues(s) on which a hearing

is requested, the requestor’s contentions

on such issues, and a summary of any

evidence relied upon by the objector (40

CFR 178.27). Information submitted in

connection with an objection or hearing

request may be claimed confidential by

marking any part or all of that

information as CBI. Information so

marked will not be disclosed except in

accordance with procedures set forth in

40 CFR part 2. A copy of the

information that does not contain CBI

must be submitted for inclusion in the

public record. Information not marked

confidential may be disclosed publicly

by EPA without prior notice.

Mail your written request to: Office of

the Hearing Clerk (1900), Environmental

Protection Agency, Ariel Rios Bldg.,

1200 Pennsylvania Ave., NW.,

Washington, DC 20460. You may also

deliver your request to the Office of the

Hearing Clerk in Rm. C400, Waterside

Mall, 401 M St., SW., Washington, DC

20460. The Office of the Hearing Clerk

is open from 8 a.m. to 4 p.m., Monday

through Friday, excluding legal

holidays. The telephone number for the

Office of the Hearing Clerk is (202) 260–

4865.

2. Tolerance fee payment. If you file

an objection or request a hearing, you

must also pay the fee prescribed by 40

CFR 180.33(i) or request a waiver of that

fee pursuant to 40 CFR 180.33(m). You

must mail the fee to: EPA Headquarters

Accounting Operations Branch, Office

of Pesticide Programs, P.O. Box

360277M, Pittsburgh, PA 15251. Please

identify the fee submission by labeling

it ‘‘Tolerance Petition Fees.’’

EPA is authorized to waive any fee

requirement ‘‘when in the judgement of

the Administrator such a waiver or

refund is equitable and not contrary to

the purpose of this subsection.’’ For

additional information regarding the

waiver of these fees, you may contact

James Tompkins by phone at (703) 305–

5697, by e-mail at

tompkins.jim@epa.gov, or by mailing a

request for information to Mr. Tompkins

at Registration Division (7505C), Office

of Pesticide Programs, Environmental

Protection Agency, Ariel Rios Bldg.,

1200 Pennsylvania Ave., NW.,

Washington, DC 20460.

If you would like to request a waiver

of the tolerance objection fees, you must

mail your request for such a waiver to:

James Hollins, Information Resources

and Services Division (7502C), Office of

Pesticide Programs, Environmental

Protection Agency, Ariel Rios Bldg.,

1200 Pennsylvania Ave., NW.,

Washington, DC 20460.

3. Copies for the Docket. In addition

to filing an objection or hearing request

with the Hearing Clerk as described in

Unit III.A., you should also send a copy

of your request to the PIRIB for its

inclusion in the official record that is

described in Unit I.B.2. Mail your

copies, identified by docket control

number OPP–300767A, to: Public

Information and Records Integrity

Branch, Information Resources and

Services Division (7502C), Office of

Pesticide Programs, Environmental

Protection Agency, Ariel Rios Bldg.,

1200 Pennsylvania Ave., NW.,

Washington, DC 20460. In person or by

courier, bring a copy to the location of

the PIRIB described in Unit I.B.2. You

may also send an electronic copy of

your request via e-mail to: oppdocket@epa.gov. Please use an ASCII

file format and avoid the use of special

characters and any form of encryption.

Copies of electronic objections and

hearing requests will also be accepted

on disks in WordPerfect 6.1/8.0 file

format or ASCII file format. Do not

include any CBI in your electronic copy.

You may also submit an electronic copy

of your request at many Federal

Depository Libraries.

B. When Will the Agency Grant a

Request for a Hearing?

A request for a hearing will be granted

if the Administrator determines that the

material submitted shows the following:

There is a genuine and substantial issue

of fact; there is a reasonable possibility

that available evidence identified by the

requestor would, if established resolve

one or more of such issues in favor of

the requestor, taking into account

uncontested claims or facts to the

contrary; and resolution of the factual

issues(s) in the manner sought by the

requestor would be adequate to justify

the action requested (40 CFR 178.32).

IV. Regulatory Assessment

Requirements

This final rule does not impose any

new requirements. It only implements a

technical amendment to the Code of

Federal Regulations (CFR). As such, this

action does not require review by the

Office of Management and Budget

(OMB) under Executive Order 12866,

entitled Regulatory Planning and

Review (58 FR 51735, October 4, 1993),

the Paperwork Reduction Act (PRA), 44

U.S.C. 3501 et seq., or Executive Order

13045, entitled Protection of Children

from Environmental Health Risks and

Safety Risks (62 FR 19885, April 23,

1997). This action does not impose any

enforceable duty, contain any unfunded

mandate, or impose any significant or

unique impact on small governments as

described in the Unfunded Mandates

Reform Act of 1995 (UMRA) (Public

Law 104–4). Nor does it require prior

consultation with State, local, and tribal

government officials as specified by

Executive Order 12875, entitled

‘‘Federal Register Enhancing the

Intergovernmental Partnership’’ (58 FR

58093, October 28, 1993) and Executive

Order 13084, entitled ‘‘Consultation and

Coordination with Indian Tribal

Governments’’ 63 FR 27655, May 19,

1998), or special consideration of

environmental justice related issues

under Executive Order 12898, entitled

Federal Actions to Address

Environmental Justice in Minority

Populations and Low-Income

Populations (59 FR 7629, February 16,

1994). 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). In addition,

since this action is not subject to notice

and comment requirements under the

Administrative Procedure Act (APA) or

any other statute, it is not subject to the

regulatory flexibility provisions of the

Regulatory Flexibility Act (RFA) (5

U.S.C. 601 et seq.).

Federal Register / Vol. 65, No. 93 / Friday, May 12, 2000 / Rules and Regulations 30545

V. Submission to Congress and the

Comptroller General

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 this rule in

the Federal Register. This is a technical

correction to the Federal Register and is

not a ‘‘major rule’’ as defined by 5

U.S.C. 804(2).

List of Subjects in 40 CFR Part 180

Environmental protection,

Administrative practice and procedure,

Agricultural commodities, Pesticides

and pests, Reporting and recordkeeping

requirements.

Dated: May 4, 2000.

James Jones,

Director, Registration Division, Office of

Pesticide Programs.

Therefore, 40 CFR part 180 is

amended as follows:

1. The authority citation for part 180

continues to read as follows:

Authority: 21 U.S.C. 321(q), 346(a), and

374.

2. In § 180.227, the table to paragraph

(a)(3) is amended by adding

alphabetically entries for the

commodities ‘‘soybean, forage’’ and

‘‘soybean, hay’’, to read as follows:

§ 180.227 Dicamba; tolerances for

residues.

(a) * * *

(3) * * *

Commodity Parts per

million

*****

Soybean, forage ....................... 0.01

Soybean, hay ............................ 0.01

*****

* * * * *

[FR Doc. 00–11872 Filed 5–11–00; 8:45 am]

BILLING CODE 6560–50–F

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 228

Criteria for the Management of

Disposal Sites for Ocean Dumping

CFR Correction

In Title 40 of the Code of Federal

Regulations, parts 190–259, revised as of

July 1, 1999, page 229, § 228.15 is

corrected in paragraph (j)(11)(i) by

removing ‘‘93°′dprime;W.’’ and adding

in its place ‘‘93°49′23′′W.’’.

[FR Doc. 00–55507 Filed 5–11–00; 8:45 am]

BILLING CODE 1505–01–D

FEDERAL EMERGENCY

MANAGEMENT AGENCY

44 CFR Part 64

[Docket No. FEMA–7735]

Suspension of Community Eligibility

AGENCY: Federal Emergency

Management Agency, FEMA.

ACTION: Final rule.

SUMMARY: This rule identifies

communities, where the sale of flood

insurance has been authorized under

the National Flood Insurance Program

(NFIP), that are suspended on the

effective dates listed within this rule

because of noncompliance with the

floodplain management requirements of

the program. If the Federal Emergency

Management Agency (FEMA) receives

documentation that the community has

adopted the required floodplain

management measures prior to the

effective suspension date given in this

rule, the suspension will be withdrawn

by publication in the Federal Register.

EFFECTIVE DATES: The effective date of

each community’s suspension is the

third date (‘‘Susp.’’) listed in the third

column of the following tables.

ADDRESSES: If you wish to determine

whether a particular community was

suspended on the suspension date,

contact the appropriate FEMA Regional

Office or the NFIP servicing contractor.

FOR FURTHER INFORMATION CONTACT:

Donna M. Dannels, Branch Chief,

Policy, Assessment and Outreach

Division, Mitigation Directorate, 500 C

Street, S.W., Room 411, Washington,

D.C. 20472, (202) 646–3098.

SUPPLEMENTARY INFORMATION: The NFIP

enables property owners to purchase

flood insurance which is generally not

otherwise available. In return,

communities agree to adopt and

administer local floodplain management

aimed at protecting lives and new

construction from future flooding.

Section 1315 of the National Flood

Insurance Act of 1968, as amended, 42

U.S.C. 4022, prohibits flood insurance

coverage as authorized under the

National Flood Insurance Program, 42

U.S.C. 4001 et seq., unless an

appropriate public body adopts

adequate floodplain management

measures with effective enforcement

measures. The communities listed in

this document no longer meet that

statutory requirement for compliance

with program regulations, 44 CFR part

59 et seq. Accordingly, the communities

will be suspended on the effective date

in the third column. As of that date,

flood insurance will no longer be

available in the community. However,

some of these communities may adopt

and submit the required documentation

of legally enforceable floodplain

management measures after this rule is

published but prior to the actual

suspension date. These communities

will not be suspended and will continue

their eligibility for the sale of insurance.

A notice withdrawing the suspension of

the communities will be published in

the Federal Register.

In addition, the Federal Emergency

Management Agency has identified the

special flood hazard areas in these

communities by publishing a Flood

Insurance Rate Map (FIRM). The date of

the FIRM if one has been published, is

indicated in the fourth column of the

table. No direct Federal financial

assistance (except assistance pursuant to

the Robert T. Stafford Disaster Relief

and Emergency Assistance Act not in

connection with a flood) may legally be

provided for construction or acquisition

of buildings in the identified special

flood hazard area of communities not

participating in the NFIP and identified

for more than a year, on the Federal

Emergency Management Agency’s

initial flood insurance map of the

community as having flood-prone areas

(section 202(a) of the Flood Disaster

Protection Act of 1973, 42 U.S.C.

4106(a), as amended). This prohibition

against certain types of Federal

assistance becomes effective for the

communities listed on the date shown

in the last column. The Associate

Director finds that notice and public

comment under 5 U.S.C. 553(b) are

impracticable and unnecessary because

communities listed in this final rule

have been adequately notified.

Each community receives a 6-month,

90-day, and 30-day notification

addressed to the Chief Executive Officer

that the community will be suspended

unless the required floodplain

management measures are met prior to