Federal Register / Vol. 62, No. 153 / Friday, August 8, 1997 / Rules and Regulations 42677

Dated: July 31, 1997.

John E. Veentjer,

Captain, U.S. Coast Guard, Captain of the

Port, Philadelphia, PA.

[FR Doc. 97–21029 Filed 8–7–97; 8:45 am]

BILLING CODE 4910–14–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01–97–063]

RIN 2121–AA97

Safety Zone: Albany Bicentennial

Fireworks, Hudson River, Troy, NY

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a temporary safety zone for

the Albany Bicentennial Fireworks

program. The safety zone will close all

waters of the Hudson River, shore to

shore, south of the Green Island Bridge

and north of the Congress Street Bridge,

Troy, New York. The safety zone is

necessary to protect the maritime public

from the hazards associated with

fireworks launched from a barge in the

Hudson River.

DATES: This final rule is effective from

8:45 p.m. until 10:15 p.m. on August 10,

1997.

FOR FURTHER INFORMATION CONTACT:

Lieutenant (Junior Grade) Dave Gefell,

Waterways Oversight Branch, Coast

Guard Activities New York, (718) 354–

4195, 212 Coast Guard Drive, Staten

Island, New York 10305.

SUPPLEMENTARY INFORMATION:

Regulatory History

Pursuant to 5 U.S.C. 553, a notice of

proposed rulemaking (NPRM) was not

published for this regulation. Good

cause exists for not publishing an NPRM

and for making this regulation effective

less than 30 days after Federal Register

publication. Due to the date that

conclusive information for this event

was received, there was insufficient

time to draft and publish an NPRM.

Following normal rulemaking

procedures would cause the event to be

delayed or cancelled and would be

contrary to the public interest since the

event is intended for public

entertainment.

Background and Purpose

On July 15, 1997, the Albany

Bicentenary Commission submitted an

application to hold a fireworks program

in the Hudson River for the purpose of

celebrating the 200th birthday of the

city of Albany. The safety zone prevents

vessels from transiting this portion of

the Hudson River, and is needed to

protect mariners from the hazards

associated with fireworks launched

from a barge. This regulation establishes

a temporary safety zone in all waters of

the Hudson River, shore to shore, south

of the Green Island Bridge and north of

the Congress Street Bridge, Troy, New

York. The safety zone is in effect from

8:45 p.m. until 10:15 p.m. on August 10,

1997.

Regulatory Evaluation

This temporary rule is not a

significant regulatory action under

section 3(f) of Executive Order 12866

and does not require an assessment of

potential costs and benefits under

section 6(a)(3) of that order. It has not

been reviewed by the Office of

Management and Budget under that

Order. It is not significant under the

regulatory policies and procedures of

the Department of Transportation (DOT)

(44 FR 11040; February 26, 1979). The

Coast Guard expects the economic

impact of this proposal to be so minimal

that a full Regulatory Evaluation under

paragraph 10(e) of the regulatory

policies and procedures of DOT is

unnecessary. Although this regulation

would prevent traffic from transiting

this area, the effect of this regulation

would not be significant. This finding is

based on the following: the duration of

the event is limited, the limited vessel

traffic in the area, the event is at a late

hour, and extensive, advance advisories

will be made.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601–612), the Coast Guard

must consider whether this proposal

will have a significant economic impact

on a substantial number of small

entities. ‘‘Small entities’’ include small

businesses, not-for-profit organizations

that are independently owned and

operated and are not dominant in their

fields, and governmental jurisdictions

with populations less than 50,000. For

the reasons discussed in the Regulatory

Evaluation section above, the Coast

Guard expects this rule will not have a

significant economic impact on a

substantial number of small entities.

Collection of Information

This rule does not provide for a

collection of information requirement

under the Paperwork Reduction Act (44

U.S.C. 3501–3520).

Federalism

The Coast Guard has analyzed this

rule under the principles and criteria

contained in Executive Order 12612 and

has determined that it does not have

sufficient Federalism implications to

warrant the preparation of a Federalism

Assessment.

Environment

The Coast Guard has considered the

environmental impact of this regulation

and concluded that under section

2.B.2.e. of Commandant Instruction

M16475.1B, this rule is categorically

excluded from further environmental

documentation. A ‘‘Categorical

Exclusion Determination’’ is available in

the docket for inspection or copying

where indicated under FOR FURTHER

INFORMATION CONTACT.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation

(water), Reports and recordkeeping

requirements, Security measures,

Waterways.

Regulation

For the reasons discussed in the

preamble, the Coast Guard proposes to

amend 33 CFR part 165 as follows:

PART 165—[AMENDED]

1. The authority citation for part 165

continues to read as follows:

Authority: 33 U.S.C. 1231; 50 U.S.C. 191;

33 CFR 1.05–1(g), 6.04–1, 6.04–6, and 160.5;

49 CFR 1.46.

2. A temporary section 165.T01–063,

is added to read as follows:

§ 165.T01–063 Safety Zone; Albany

Bicentennial Fireworks Display, Hudson

River, New York.

(a) Location. All waters of the Hudson

River, shore to shore, south of the Green

Island Bridge and north of the Congress

Street Bridge, Troy, New York.

(b) Effective period. This safety zone

is in effect on August 10, 1997, from

8:45 p.m. until 10:15 p.m.

(c) Regulations.

(1) The general regulations contained

in 33 CFR 165.23 apply.

(2) All persons and vessels shall

comply with the instructions of the

Coast Guard Captain of the Port or the

designated on scene patrol personnel.

U.S. Coast Guard patrol personnel

include commissioned, warrant, and

petty officers of the Coast Guard. Upon

being hailed by a U.S. Coast Guard

vessel via siren, radio, flashing light, or

other means, the operator of a vessel

shall proceed as directed.
42678 Federal Register / Vol. 62, No. 153 / Friday, August 8, 1997 / Rules and Regulations

Dated: August 1, 1997.

Richard C. Vlaun,

Captain, U.S. Coast Guard, Captain of the

Port, New York.

[FR Doc. 97–21030 Filed 8–7–97; 8:45 am]

BILLING CODE 4910–14–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 180

[OPP–300517; FRL–5731–7]

RIN 2070–AB78

Herbicide Safener HOE–107892;

Pesticide Tolerances for Emergency

Exemptions

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This regulation establishes a

time-limited tolerance for the inert

ingredient, herbicide safener HOE–

107892 (mefenpyr-diethyl) and its 2,4-

dichlorophenyl-pyrazoline metabolites

HOE–094270 and HOE–113225 in or on

wheat grain and wheat straw. This

action is in response to EPA’s granting

of an emergency exemption under

section 18 of the Federal Insecticide,

Fungicide, and Rodenticide Act

authorizing use of the herbicide safener

on wheat grain and wheat straw in

North Dakota and Montana. This

regulation establishes a maximum

permissible level for residues of the

Herbicide safener HOE–107892 in this

food commodity pursuant to section

408(l)(6) of the Federal Food, Drug, and

Cosmetic Act, as amended by the Food

Quality Protection Act of 1996. The

tolerances will expire and are revoked

on August 1, 1998.

DATES: This regulation is effective

August 8, 1997. Objections and requests

for hearings must be received by EPA on

or before October 7, 1997.

ADDRESSES: Written objections and

hearing requests, identified by the

docket control number, [OPP–300517],

must be submitted to: Hearing Clerk

(1900), Environmental Protection

Agency, Rm. M3708, 401 M St., SW.,

Washington, DC 20460. Fees

accompanying objections and hearing

requests shall be labeled ‘‘Tolerance

Petition Fees’’ and forwarded to: EPA

Headquarters Accounting Operations

Branch, OPP (Tolerance Fees), P.O. Box

360277M, Pittsburgh, PA 15251. A copy

of any objections and hearing requests

filed with the Hearing Clerk identified

by the docket control number, [OPP–

300517], must also be submitted to:

Public Information and Records

Integrity Branch, Information Resources

and Services Division (7506C), Office of

Pesticide Programs, Environmental

Protection Agency, 401 M St., SW.,

Washington, DC 20460. In person, bring

a copy of objections and hearing

requests to Rm. 1132, CM #2, 1921

Jefferson Davis Hwy., Arlington, VA.

A copy of objections and hearing

requests filed with the Hearing Clerk

may also be submitted electronically by

sending electronic mail (e-mail) to: oppdocket@epamail.epa.gov. Copies of

objections and hearing requests must be

submitted as an ASCII file avoiding the

use of special characters and any form

of encryption. Copies of objections and

hearing requests will also be accepted

on disks in WordPerfect 5.1 file format

or ASCII file format. All copies of

objections and hearing requests in

electronic form must be identified by

the docket control number [OPP–

300517]. No Confidential Business

Information (CBI) should be submitted

through e-mail. Electronic copies of

objections and hearing requests on this

rule may be filed online at many Federal

Depository Libraries.

FOR FURTHER INFORMATION CONTACT: By

mail: Pat Cimino, 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) 308-9357, e-mail:

cimino.pat@epamail.epa.gov.

SUPPLEMENTARY INFORMATION: EPA, on

its own initiative, pursuant to section

408(e) and (l)(6) of the Federal Food,

Drug, and Cosmetic Act (FFDCA), 21

U.S.C. 346a(e) and (l)(6), is establishing

tolerances for the inert ingredient

herbicide safener HOE–107892

(mefenpyr-diethyl) and its 2,4-

dichlorophenyl-pyrazoline metabolites

HOE–094270 and HOE–113225 in or on

wheat grain and wheat straw at 0.01 and

0.05 ppm respectively. These tolerances

will expire and are revoked on August

1, 1998. EPA will publish a document

in the Federal Register to remove the

revoked tolerances from the Code of

Federal Regulations.

I. Background and Statutory Authority

The Food Quality Protection Act of

1996 (FQPA) (Pub. L. 104–170) was

signed into law August 3, 1996. FQPA

amends both the Federal Food, Drug,

and Cosmetic Act (FFDCA), 21 U.S.C.

301 et seq., and the Federal Insecticide,

Fungicide, and Rodenticide Act

(FIFRA), 7 U.S.C. 136 et seq . The FQPA

amendments went into effect

immediately. Among other things,

FQPA amends FFDCA to bring all EPA

pesticide tolerance-setting activities

under a new section 408 with a new

safety standard and new procedures.

These activities are described below and

discussed in greater detail in the final

rule establishing the time-limited

tolerance associated with the emergency

exemption for use of propiconazole on

sorghum (61 FR 58135, November 13,

1996)(FRL–5572–9).

New section 408(b)(2)(A)(i) of the

FFDCA allows EPA to establish a

tolerance (the legal limit for a pesticide

chemical residue in or on a food) only

if EPA determines that the tolerance is

‘‘safe.’’ Section 408(b)(2)(A)(ii) defines

‘‘safe’’ to mean that ‘‘there is a

reasonable certainty that no harm will

result from aggregate exposure to the

pesticide chemical residue, including

all anticipated dietary exposures and all

other exposures for which there is

reliable information.’’ This includes

exposure through drinking water and in

residential settings, but does not include

occupational exposure. Section

408(b)(2)(C) requires EPA to give special

consideration to exposure of infants and

children to the pesticide chemical

residue in establishing a tolerance and

to ‘‘ensure that there is a reasonable

certainty that no harm will result to

infants and children from aggregate

exposure to the pesticide chemical

residue. . . .’’

Section 18 of FIFRA authorizes EPA

to exempt any Federal or State agency

from any provision of FIFRA, if EPA

determines that ‘‘emergency conditions

exist which require such exemption.’’

This provision was not amended by

FQPA. EPA has established regulations

governing such emergency exemptions

in 40 CFR part 166.

Section 408(l)(6) of the FFDCA

requires EPA to establish a time-limited

tolerance or exemption from the

requirement for a tolerance for pesticide

chemical residues in food that will

result from the use of a pesticide under

an emergency exemption granted by

EPA under section 18 of FIFRA. Such

tolerances can be established without

providing notice or period for public

comment.

Because decisions on section 18-

related tolerances must proceed before

EPA reaches closure on several policy

issues relating to interpretation and

implementation of the FQPA, EPA does

not intend for its actions on such

tolerance to set binding precedents for

the application of section 408 and the

new safety standard to other tolerances

and exemptions.