33542 Federal Register / Vol. 65, No. 101 / Wednesday, May 24, 2000 / Notices

on a final basis, to remand, or to

disapprove such rates to the Federal

Energy Regulatory Commission. In

Delegation Order No. 0204–172,

effective November 24, 1999, the

Secretary of Energy delegated the

authority to confirm, approve and place

such rates into effect on an interim basis

to the Deputy Secretary.

Existing Department of Energy

procedures for public participation in

power rate adjustments are located at 10

CFR part 903 effective on September 18,

1985 (50 FR 37835). Since the proposed

rates constitute a major rate adjustment

as defined in 10 CFR 903.2, both a

public information forum and a public

comment forum will be held. After

reviewing public comments, Western

will recommend the proposed rate

methodologies be approved on an

interim basis by the Deputy Secretary.

Availability of Information

All brochures, studies, comments,

letters, memorandums, and other

documents made or kept by Western in

developing the proposed rate

methodologies will be made available

for inspection and copying at the DSW

office, located at 615 South 43rd

Avenue, Phoenix, Arizona.

Regulatory Procedural Requirements

Regulatory Flexibility Analysis

The Regulatory Flexibility Act of 1980

(5 U.S.C. 601, et seq.) requires Federal

agencies to perform a regulatory

flexibility analysis if a final rule is likely

to have a significant economic impact

on a substantial number of small entities

and there is a legal requirement to issue

a general notice of proposed

rulemaking. Western has determined

that this action does not require a

regulatory flexibility analysis since it is

a rulemaking that particularly applies to

rates or services applicable to public

property.

Environmental Compliance

In compliance with the National

Environmental Policy Act of 1969

(NEPA) (42 U.S.C. 4321, et seq.);

Council on Environmental Quality

Regulations (40 CFR parts 1500–1508);

and DOE NEPA Regulations (10 CFR

part 1021), Western has determined that

this action is categorically excluded

from the preparation of an

environmental assessment or an

environmental impact statement.

Determination Under Executive Order

12866

Western has an exemption from

centralized regulatory review under

Executive Order 12866; accordingly, no

clearance of this notice by the Office of

Management and Budget is required.

Small Business Regulatory Enforcement

Fairness Act

Western has determined that this rule

is exempt from congressional

notification requirements under 5 U.S.C.

801 because the action is a rulemaking

of particular applicability relating to

rates or services and involves matters of

procedure.

Dated: May 15, 2000.

Michael S. Hacskaylo,

Administrator.

[FR Doc. 00–13087 Filed 5–23–00; 8:45 am]

BILLING CODE 6450–01–P

ENVIRONMENTAL PROTECTION

AGENCY

[OPP–00651; FRL–6551–6]

Minimum Risk Pesticides Exempted

Under FIFRA Section 25(b);

Clarification of Issues; Notice of

Availability

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice of availability.

SUMMARY: This notice clarifies several

aspects of the exemption for minimum

risk pesticides by the FIFRA section

25(b) rule, including composition,

labeling, food tolerances, and state

regulation. It is being issued to answer

questions frequently asked of EPA about

such products. Registration (PR) Notice

2000–6, Entitled ‘‘Minimum Risk

Pesticides Exempted under FIFRA

Section 25(b); Clarification of Issues,’’

provides guidance to the registrant

concerning frequently asked questions

regarding section 25(b) and is effective

now but comments will be accepted for

30 days, after which the Agency may

revise the notice.

DATES: Comments, identified by docket

control number OPP–00651, must be

received on or before June 23, 2000.

ADDRESSES: Comments may be

submitted by mail, electronically, or in

person. Please follow the detailed

instructions for each method as

provided in Unit I.C. of the

SUPPLEMENTARY INFORMATION. To ensure

proper receipt by EPA, it is imperative

that you identify docket control number

OPP–00651 in the subject line on the

first page of your response.

FOR FURTHER INFORMATION CONTACT:

Brian Steinwand (7511C),

Environmental Protection Agency, Ariel

Rios Bldg., 1200 Pennsylvania Ave.,

NW., Washington, DC 20460; telephone

number: (703) 305–7973; fax number:

(703) 308–7026; e-mail address:

steinwand.brian@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does This Action Apply to Me?

This action is directed to the public

in general. Although this action may be

of particular interest to those persons

who are interested in section 25(b)

exempted products. 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 information in this notice,

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

the PR Notice from the Office of

Pesticide Programs’ Home Page at http:/

/www.epa.gov/pesticides/. You can also

go directly to the listings 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. Fax on Demand. You may request

a faxed copy of the PR Notice Entitled

‘‘Minimum Risk Pesticides Exempted

under FIFRA Section 25(b); Clarification

of Issues,’’ by using a faxphone to call

(202) 401–0527 and selecting item 6130.

You may also follow the automated

menu.

3. In person. The Agency has

established an official record for this

action under docket control number

OPP–00651. The official record consists

of the documents specifically referenced

in this action, any public comments

received during an applicable comment

period, and other information related to

this action, including any information

claimed as Confidential Business

Information (CBI). This official record

includes the documents that are

physically located in the docket, as well

as the documents that are referenced in

those documents. The public version of

the official record does not include any

information claimed as CBI. The public

version of the official record, which

includes printed, paper versions of any

electronic comments submitted during

an applicable comment period, is

Federal Register / Vol. 65, No. 101 / Wednesday, May 24, 2000 / Notices 33543

available for inspection in the Public

Information and Records Integrity

Branch (PIRIB), Rm. 119, Crystal Mall

#2, 1921 Jefferson Davis Highway,

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.

C. How and to Whom Do I Submit

Comments?

You may submit comments through

the mail, in person, or electronically. To

ensure proper receipt by EPA, it is

imperative that you identify docket

control number OPP–00651 in the

subject line on the first page of your

response.

1. By mail. Submit your comments to:

Public Information and Records

Integrity Branch (PIRIB), Information

Resources and Services Division

(7502C), Office of Pesticide Programs,

Environmental Protection Agency, Ariel

Rios Bldg., 1200 Pennsylvania Ave.,

NW., Washington, DC 20460.

2. In person or by courier. Deliver

your comments to: Public Information

and Records Integrity Branch (PIRIB),

Information Resources and Services

Division (7502C), Office of Pesticide

Programs, Environmental Protection

Agency, Rm. 119, Crystal Mall #2, 1921

Jefferson Davis Highway, Arlington, VA.

The PIRIB is open from 8:30 a.m. to 4

p.m., Monday through Friday, excluding

legal holidays. The PIRIB telephone

number is (703) 305–5805.

3. Electronically. You may submit

your comments electronically by e-mail

to: ‘‘opp-docket@epa.gov,’’ or you can

submit a computer disk as described

above. Do not submit any information

electronically that you consider to be

CBI. Avoid the use of special characters

and any form of encryption. Electronic

submissions will be accepted in

Wordperfect 6.1/8.0, or ASCII file

format. All comments in electronic form

must be identified by docket control

number OPP–00651. Electronic

comments may also be filed online at

many Federal Depository Libraries.

D. How Should I Handle CBI That I

Want to Submit to the Agency?

Do not submit any information

electronically that you consider to be

CBI. You may claim information that

you submit to EPA in response to this

document as CBI 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.

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

version of the official record.

Information not marked confidential

will be included in the public version

of the official record without prior

notice. If you have any questions about

CBI or the procedures for claiming CBI,

please consult the person identified

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

the notice.

7. Make sure to submit your

comments by the deadline in this

notice.

8. To ensure proper receipt by EPA,

be sure to identify the docket control

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 Guidance Does This PR Notice

Provide?

Except in very limited circumstances,

any substance that makes a pesticidal

claim must be registered by EPA before

it can be legally sold or distributed. One

such exemption to the registration

requirement is for those pesticides

under section 25(b) of FIFRA. In 1996,

EPA exempted certain minimum risk

pesticides from FIFRA requirements if

they satisfy certain conditions. EPA

exempted the products described in 40

CFR 152.25(g) in part to reduce the cost

and regulatory burdens on businesses as

well as the public for pesticides posing

little or no risk, and to focus EPA’s

limited resources on pesticides which

pose greater risk to humans and the

environment. To qualify for an

exemption as a minimum risk pesticide,

each active ingredient in the pesticide

product must be listed in 40 CFR

152.25(g)(1). In addition, 40 CFR

152.25(g)(2) provides that these

pesticide products may only contain

minimal risk inert ingredients listed in

List 4A. The PR Notice is intended to

answer frequently asked questions

regarding composition, labeling, food

tolerances, and state regulation.

B. Why Is a PR Notice Guidance and Not

a Rule?

The PR Notice discussed in this

notice is intended to provide guidance

to EPA personnel and decision-makers,

and to the public. As a guidance

document and not a rule, this policy is

not binding on either EPA or any

outside parties. Although this guidance

document provides a starting point for

EPA decisions, EPA will depart from

this policy where the facts or

circumstances warrant. In such cases,

EPA will explain why a different course

was taken. Similarly, outside parties

remain free to assert that this policy is

not appropriate for a specific pesticide

or that the specific circumstances

demonstrate that this policy should be

abandoned.

EPA has stated in this notice that it

will make available revised guidance

after consideration of public comment,

if mecessary. Public comment is not

being solicited for the purpose of

converting this guidance document into

a binding rule. EPA will not be

codifying this policy in the Code of

Federal Regulations. EPA is allowing

comment so that it can make fully

informed decisions regarding the

content of this guidance.

The ‘‘revised’’ guidance will not be an

unalterable document. Once a ‘‘revised’’

guidance document is issued, EPA will

continue to treat it as guidance, not a

rule. Accordingly, on a case-by-case

basis EPA will decide whether it is

appropriate to depart from the guidance

or to modify the overall approach in the

guidance. In the course of commenting

on this guidance document, EPA would

welcome comments that specifically

address how the guidance document

can be structured so that it provides

meaningful guidance without imposing

binding requirements.

List of Subjects

Environmental protection,

Administrative practice and procedure,

Agricultural commodities, Pesticides

and pests.

Dated: May 5, 2000.

Marcia E. Mulkey,

Director, Office of Pesticide Programs.

[FR Doc. 00–12960 Filed 5–23–00; 8:45 am]

BILLING CODE 6560–50–F