4910 Federal Register / Vol. 62, No. 22 / Monday, February 3, 1997 / Rules and Regulations

Issued in Kansas City, Missouri, on January

22, 1997.

Henry A. Armstrong,

Acting Manager, Small Airplane Directorate,

Aircraft Certification Service.

[FR Doc. 97–2216 Filed 1–31–97; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF COMMERCE

Bureau of Export Administration

15 CFR Part 744

[Docket No. 961205341–6341–01]

RIN 0694–AB24

Entity List

AGENCY: Bureau of Export

Administration, Commerce.

ACTION: Final rule.

SUMMARY: The Export Administration

Regulations (EAR) provide that the

Bureau of Export Administration (BXA)

may inform exporters, individually or

through amendment to the EAR, that a

license is required for exports or

reexports to certain entities. To provide

notice informing the public of an entity

subject to this rule, this rule establishes

a list of entities that are ineligible to

receive specified items without a

license.

EFFECTIVE DATE: This rule is effective

February 3, 1997.

FOR FURTHER INFORMATION CONTACT:

James A. Lewis, Office of Strategic

Trade and Foreign Policy Controls,

Bureau of Export Administration,

Telephone: (202) 482–0092.

SUPPLEMENTARY INFORMATION:

Background

General Prohibition Five (§ 736.2(b)(5)

of the EAR) prohibits exports to certain

end-users or end-uses without a license.

This final rule amends § 744.1 to refer

exporters to the newly added

Supplement No. 4 to part 744 of the

EAR, the Entity List, which informs

exporters that a license is required for

shipments to Ben Gurion University,

Israel, of computers with a CTP between

2,000 and 7,000 Mtops.

Although the Export Administration

Act (EAA) expired on August 20, 1994,

the President invoked the International

Emergency Economic Powers Act and

continued in effect, to the extent

permitted by law, the provisions of the

EAA and the EAR in Executive Order

12924 of August 19, 1994.

Rulemaking Requirements

1. This final rule has been determined

to be not significant for purposes of

Executive Order 12866.

2. This rule involves collections of

information subject to the Paperwork

Reduction Act of 1980 (44 U.S.C. 3501

et seq.). These collections have been

approved by the Office of Management

and Budget under control number 0694–

0088.

3. This rule does not contain policies

with Federalism implications sufficient

to warrant preparation of a Federalism

assessment under Executive Order

12612.

4. The provisions of the

Administrative Procedure Act (5 U.S.C.

553) requiring notice of proposed

rulemaking, the opportunity for public

participation, and a delay in effective

date, are inapplicable because this

regulation involves a military and

foreign affairs function of the United

States (Sec. 5 U.S.C. 553(a)(1)). Further,

no other law requires that a notice of

proposed rulemaking and an

opportunity for public comment be

given for this final rule. Because a

notice of proposed rulemaking and an

opportunity for public comment are not

required to be given for this rule under

5 U.S.C. 553 or by any other law, the

requirements of the Regulatory

Flexibility Act (5 U.S.C. 601 et seq.) are

not applicable.

Therefore, this regulation is issued in

final form. Although there is no formal

comment period, public comments on

this regulation are welcome on a

continuing basis. Comments should be

submitted to Hillary Hess, Regulatory

Policy Division, Bureau of Export

Administration, Department of

Commerce, P.O. Box 273, Washington,

DC 20044.

List of Subjects in 15 CFR Part 744

Exports, Foreign trade, Reporting and

recordkeeping requirements.

Accordingly, part 744 of the Export

Administration Regulations (15 CFR

parts 730–774) is amended, as follows:

PART 744—[AMENDED]

1. The authority citation for 15 CFR

part 744 is revised to read as follows:

Authority: 50 U.S.C. app. 2401 et seq.; 50

U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.;

42 U.S.C. 2139a; E.O. 12058, 43 FR 20947, 3

CFR, 1978 Comp., p. 179; E.O. 12851, 58 FR

33181, 3 CFR, 1993 Comp., p. 608; E.O.

12924, 59 FR 43437, 3 CFR, 1994 Comp., p.

917; E.O. 12938, 59 FR 59099, 3 CFR, 1994

Comp., p. 950; E.O. 13026 (November 15,

1996, 61 FR 58767); Notice of August 15,

1995 (60 FR 42767, August 17, 1995); and

Notice of August 14, 1996 (61 FR 42527).

2. Section 744.1 is amended by

adding paragraph (c) to read as follows:

§ 744.1 General provisions.

* * * * *

(c) A list of entities is included in

Supplement No. 4 to this part 744 of the

EAR (Entity List). Exporters are hereby

informed that these entities are

ineligible to receive any items subject to

the EAR without a license to the extent

specified in the supplement. License

applications will be reviewed under the

license review standards set forth in this

part 744.

3. A new Supplement No. 4 is added

to part 744 to read as follows:

Supplement No. 4 to Part 744—Entity

List

This Supplement lists certain entities

subject to license requirements for specified

items under this part 744 of the EAR. This

list of entities is revised and updated on a

periodic basis in this Supplement by adding

new or amended notifications and deleting

notifications no longer in effect.

Ben Gurion University, Israel for computers

between 2,000 and 7,000 Mtops

Dated: January 28, 1997.

Sue E. Eckert,

Assistant Secretary for Export

Administration.

[FR Doc. 97–2503 Filed 1–31–97; 8:45 am]

BILLING CODE 3510–33–P

CONSUMER PRODUCT SAFETY

COMMISSION

16 CFR Part 1507

Fireworks Devices; Fuse Burn Time;

Final Rule

AGENCY: Consumer Product Safety

Commission.

ACTION: Affirmation of final rule and

announcement of effective date.

SUMMARY: The Commission announces

that it has received no objections to its

final rule amending its fireworks

regulations under the Federal

Hazardous Substances Act that was

published on December 20, 1996. 61 FR

67197. This final rule changes the

allowable fuse burn times of fireworks

devices (except firecrackers) from the

previously required range of 3 to 6

seconds to the range of 3 to 9 seconds.

EFFECTIVE DATE: The rule becomes

effective on February 3, 1997.

FOR FURTHER INFORMATION CONTACT:

Robert Poth, Office of Compliance,

Consumer Product Safety Commission,

Washington, DC 20207–0001; telephone

(301) 504–0400, ext. 1375.

SUPPLEMENTARY INFORMATION: On

December 20, 1996, the Commission
Federal Register / Vol. 62, No. 22 / Monday, February 3, 1997 / Rules and Regulations 4911

issued a final rule amending its

fireworks regulations under the Federal

Hazardous Substances Act. 61 FR

67197. This final rule changes the

allowable fuse burn times of fireworks

devices (except firecrackers) from the

previously required range of 3 to 6

seconds to the range of 3 to 9 seconds.

Increasing the range will improve safety

by allowing manufacturers to more

consistently produce fireworks that do

not have dangerously short fuse burn

times of below 3 seconds. Further, the

increase in the maximum allowable fuse

burn time to 9 seconds will not create

any additional risk of injury to

consumers.

The procedures established under

section 701(e) of the Food, Drug, and

Cosmetic Act (‘‘FDCA’’) apply to this

rulemaking. 15 U.S.C. 1261(q)(2). These

procedures provide that, once the

Commission issues a final rule, persons

who would be adversely affected by the

rule have 30 days in which to file

objections with the Commission stating

the grounds therefor, and to request a

public hearing on those objections. 21

U.S.C. 371(e). Here, this 30-day period

for objections expired on January 21,

1996.

The Commission is required to

publish a notice in the Federal Register

specifying any parts of the regulation

that have been stayed by the filing of

proper objections or, if no objections

have been filed, stating that fact. By this

notice, the Commission states that no

objections to the final rule were filed in

this proceeding. Accordingly, the rule

will go into effect on February 3, 1997,

the date this notice is published in the

Federal Register.

Dated: January 28, 1997.

Sadye E. Dunn,

Secretary, Consumer Product Safety

Commission.

[FR Doc. 97–2488 Filed 1–31–97; 8:45 am]

BILLING CODE 6355–01–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 180

[OPP–300450; FRL–5584–5]

RIN 2070–AB78

Carboxin; Pesticide Tolerances for

Emergency Exemptions

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This regulation establishes a

time-limited tolerance for combined

residues of the fungicide carboxin in or

on the raw agricultural commodity

onion seed in connection with EPA’s

granting of emergency exemptions

under section 18 of the Federal

Insecticide, Fungicide, and Rodenticide

Act authorizing use of carboxin on

onion seed in California and New

Jersey. This regulation establishes a

maximum permissible level for residues

of carboxin in this food pursuant to

section 408(l)(6) of the Federal Food,

Drug and Cosmetic Act, as amended by

the Food Quality Protection Act of 1996.

This tolerance will expire and be

revoked automatically without further

action by EPA on January 17, 1998.

DATES: This regulation becomes

effective February 3, 1997. This

regulation expires and is revoked

automatically without further action by

EPA on January 17, 1998. Objections

and requests for hearings must be

received by EPA on April 4, 1997.

ADDRESSES: Written objections and

hearing requests, identified by the

docket number, [OPP–300450], 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 number, [OPP–

300450], should be submitted to: Public

Response and Program Resources

Branch, Field Operations 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 Highway,

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. 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: Stephen Schaible, Registration

Division (7505W), Environmental

Protection Agency, 401 M St., SW.,

Washington, DC 20460. Office location,

telephone number, and e-mail address:

Sixth Floor, Crystal Station #1, 2800

Jefferson Davis Highway, Arlington, VA

22202, (703) 308–8337, e-mail:

schaible.stephen@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

a tolerance for residues of the fungicide

carboxin, 5,6-dihydro-2-methyl-1,4-

oxathiin-3-carboxanilide in or on onions

(dry bulb) at 0.2 part per million (ppm).

This tolerance will expire and be

revoked automatically without further

action by EPA on January 17, 1998.

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 were discussed in detail

in the final rule establishing a tolerance

for an emergency exemption for use of

propiconazole on sorghum (61 FR

58135, Nov. 13, 1996).

New section 408(b)(2)(A)(i) 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, 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