5332 Federal Register / Vol. 62, No. 24 / Wednesday, February 5, 1997 / Rules and Regulations

(b) You may request that the Regional

Supervisor make a preliminary

determination whether a reservoir is

competitive. When you receive the

preliminary determination, you have 30

days (or longer if the Regional

Supervisor allows additional time) to

concur or to submit an objection with

supporting evidence if you do not

concur. The Regional Supervisor will

make a final determination and notify

you and the other lessees.

(c) If you conduct drilling or

production operations in a reservoir

determined competitive by the Regional

Supervisor, you and the other affected

lessees must submit for approval a joint

plan of operations. You must submit the

joint plan within 90 days after the

Regional Supervisor makes a final

determination that the reservoir is

competitive. The joint plan must

provide for the development and/or

production of the reservoir. You may

submit supplemental plans for the

Regional Supervisor’s approval.

(d) If you and the other affected

lessees cannot reach an agreement on a

joint Development and Production Plan

within the approved period of time,

each lessee must submit a separate plan

to the Regional Supervisor. The

Regional Supervisor will hold a hearing

to resolve differences in the separate

plans. If the differences in the separate

plans are not resolved at the hearing and

the Regional Supervisor determines that

unitization is necessary under

§ 250.191(b), MMS will initiate

unitization under § 250.194.

§ 250.193 How do I apply for voluntary

unitization?

(a) You must file a request for a

voluntary unit with the Regional

Supervisor. Your request must include:

(1) A draft of the proposed unit

agreement;

(2) A proposed initial plan of

operation;

(3) Supporting geological,

geophysical, and engineering data; and

(4) Other information that may be

necessary to show that the unitization

proposal meets the criteria of § 250.190.

(b) The unit agreement must comply

with the requirements of this part. MMS

will maintain and provide a model unit

agreement for you to follow. If MMS

revises the model, MMS will publish

the revised model in the Federal

Register. If you vary your unit

agreement from the model agreement,

you must obtain the approval of the

Regional Supervisor.

(c) After the Regional Supervisor

accepts your unitization proposal, you,

the other lessees, and the unit operator

must sign and file copies of the unit

agreement, the unit operating

agreement, and the initial plan of

operation with the Regional Supervisor

for approval.

§ 250.194 How will MMS require

unitization?

(a) If the Regional Supervisor

determines that unitization of

operations within a proposed unit area

is necessary to prevent waste, conserve

natural resources of the OCS, or protect

correlative rights, including Federal

royalty interests, the Regional

Supervisor may require unitization.

(b) If you ask MMS to require

unitization, you must file a request with

the Regional Supervisor. You must

include a proposed unit agreement as

described in §§ 250.191(d) and

250.193(b); a proposed unit operating

agreement; a proposed initial plan of

operation; supporting geological,

geophysical, and engineering data; and

any other information that may be

necessary to show that unitization meets

the criteria of § 250.190. The proposed

unit agreement must include a

counterpart executed by each lessee

seeking compulsory unitization. Lessees

who seek compulsory unitization must

simultaneously serve on the

nonconsenting lessees copies of:

(1) The request;

(2) The proposed unit agreement with

executed counterparts;

(3) The proposed unit operating

agreement; and

(4) The proposed initial plan of

operation.

(c) If the Regional Supervisor initiates

compulsory unitization, MMS will serve

all lessees of the proposed unit area

with a proposed unitization plan and a

statement of reasons for the proposed

unitization.

(d) The Regional Supervisor will not

require unitization until MMS provides

all lessees of the proposed unit area

written notice and an opportunity for a

hearing. If you want MMS to hold a

hearing, you must request it within 30

days after you receive written notice

from the Regional Supervisor or after

you are served with a request for

compulsory unitization from another

lessee.

(e) MMS will not hold a hearing

under this paragraph until at least 30

days after MMS provides written notice

of the hearing date to all parties owning

interests that would be made subject to

the unit agreement. The Regional

Supervisor must give all lessees of the

proposed unit area an opportunity to

submit views orally and in writing and

to question both those seeking and those

opposing compulsory unitization.

Adjudicatory procedures are not

required. The Regional Supervisor will

make a decision based upon a record of

the hearing, including any written

information made a part of the record.

The Regional Supervisor will arrange for

a court reporter to make a verbatim

transcript. The party seeking

compulsory unitization must pay for the

court reporter and pay for and provide

to the Regional Supervisor within 10

days after the hearing three copies of the

verbatim transcript.

(f) The Regional Supervisor will issue

an order that requires or rejects

compulsory unitization. That order

must include a statement of reasons for

the action taken and identify those parts

of the record which form the basis of the

decision. Any adversely affected party

may appeal the final order of the

Regional Supervisor under 30 CFR part

290.

[FR Doc. 97–2822 Filed 2–4–97; 8:45 am]

BILLING CODE 4310–MR–P

DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Parts 255 and 340

Confidentiality of Medical Quality

Assurance (QA) Records and

Delegation of Authority to Deputy

Secretary of Defense; Removal

AGENCY: Department of Defense.

ACTION: Final rule.

SUMMARY: This document removes the

Department of Defense’s Confidentiality

of Medical Quality Assurance (QA)

Records and the organizational charter

on the Delegation of Authority to

Deputy Secretary of Defense codified in

the CFR. The parts have served the

purpose for which they were intended

in the CFR and are no longer necessary.

EFFECTIVE DATE: February 5, 1997.

FOR FURTHER INFORMATION CONTACT: L.

Bynum or P. Toppings, 703–697–4111.

SUPPLEMENTARY INFORMATION: DoD

Directive 6040.37, ‘‘Confidentiality of

Medical Quality Assurance (QA)

Records’’ was revised by a July 9, 1996

version. DoD Directive 5105.2,

‘‘Delegation of Authority to the Deputy

Secretary of Defense’’ was revised by a

January 24, 1997 version. Copies of the

Directives may be obtained from the

National Technical Information Service

(NTIS), 5285 Port Royal Road,

Springfield, VA 22161.
Federal Register / Vol. 62, No. 24 / Wednesday, February 5, 1997 / Rules and Regulations 5333

List of Subjects

32 CFR Part 255

Armed forces, Health care, Health

records, Privacy.

32 CFR Part 340

Organization and functions.

PARTS 255 AND 340—[REMOVED]

Accordingly, by the authority of 10

U.S.C. 301, 32 CFR parts 255 and 340

are removed.

Dated: January 24, 1997.

L.M. Bynum,

Alternate OSD Federal Register Liaison

Officer, Department of Defense.

[FR Doc. 97–2753 Filed 2–4–97; 8:45 am]

BILLING CODE 5000–04–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 180

[PP–5F4578/R–2277; FRL–5585–8]

RIN 2070–AB78

Glufosinate Ammonium; Tolerances

for Residues

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This document establishes

time-limited tolerances for residues of

the herbicide glufosinate ammonium

(butanoic acid, 2-amino-4-

(hydroxymethylphosphinyl)-,

monoammonium salt) and its

metabolites: 2-acetamino-4-

methylphosphinico-butanoic acid and

3-methylphosphinico-propionic acid, in

or on various raw agricultural

commodities (RACs), derived from

transgenic field corn and transgenic

soybeans. AgrEvo USA Co. submitted a

petition to EPA under the Federal Food,

Drug and Cosmetic Act (FFDCA) as

amended by the Food Quality Protection

Act of l996 (FQPA) requesting the

tolerances.

EFFECTIVE DATE: This regulation

becomes effective February 5, 1997. The

tolerances expire and are revoked

automatically without further action by

EPA on July 13, l999.

ADDRESSES: Written objections and

hearing requests, identified by the

docket control number, [PP–5F4578/R–

2277], may 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 should be

identified by the docket control number

and 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

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 to

the OPP by sending electronic mail (email) to: opp-docket@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 in 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 [PP–5F4578/

R–2277]. 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. Additional

information on electronic submissions

can be found in Unit IX. of this

preamble.

FOR FURTHER INFORMATION CONTACT: By

mail: Joanne I. Miller, Product Manager

(PM) 23, Registration Division (7505C),

Environmental Protection Agency, 401

M St., SW., Washington, DC 20460.

Office location, telephone number, and

e-mail address: Rm. 237, CM #2, 1921

Jefferson Davis Hwy., Arlington, VA,

(703)-305-6224; e-mail:

miller.joanne@epamail.epa.gov.

SUPPLEMENTARY INFORMATION: In the

Federal Register of October 25, 1995 (60

FR 54689)(FRL–4982–4), EPA issued a

notice pursuant to section 408(d) of

FFDCA, 21 U.S.C. 346a(d), announcing

the filing of a pesticide tolerance

petition by AgrEvo USA Co., Little Falls

One, 2711 Centerville Rd., Wilmington,

DE 19808. The petition requested that

40 CFR 180.473 be amended by adding

tolerances for residues of glufosinate

ammonium and its metabolites 2-

acetamido-4-methylphosphinicobutanoic acid and 3-

methylphosphinico-propionic acid, in

or on the following RACs: corn, field,

grain at 0.2 part per million (ppm); corn,

field, forage at 4.0 ppm; corn, field,

silage at 3.5 ppm; corn, field, fodder at

5.5 ppm; soybean seed at 2.0 ppm; and

soybean hulls at 6.0 ppm. In the Federal

Register of July 31, l996 (61 FR

39964)(FRL–5384–7), EPA issued a

notice of an amendment to the petition.

The tolerances requested were changed

to residues of glufosinate-ammonium

and its metabolites, 2-acetamido-4-

methylphosphinico-butanoic acid and

3-methylphosphico-propionic acid

expressed as glufosinate free acid

equivalents, in or on the following

RACs: corn, field, grain, at 0.2 ppm;

corn, field, forage, at 4.0 ppm; corn,

field, fodder, at 6.0 ppm; soybeans, at

2.0 ppm; aspirated grain fractions, at

25.0 ppm; eggs, at 0.05 ppm; poultry,

meat at 0.05 ppm; poultry, fat at 0.05

ppm; and poultry, meat by-products

(mbyp) at 0.10 ppm. The revised

petition also requested that a maximum

residue level be established for the same

residues in or on the processed

commodity under section 701 of

FFDCA: soybean hulls at 5.0 ppm.

In the Federal Register of November

18, l996 (61 FR 58684) (FRL–5572–7),

EPA issued a third Notice of Filing to

amend the petition to bring the petition

in conformity with FQPA (Pub. L. 104-

170). The notice contained a summary

of the petition prepared by the

petitioner and this summary contained

conclusions and arguments to support

its conclusion that the petition

complied with FQPA. In this instance

the petitioner proposed to amend 40

CFR 180.473 by establishing tolerances

for residues of glufosinate ammonium in

or on the following RACs: corn, field,

grain, at 0.2 ppm; corn, field, forage, at

4.0 ppm; corn, field, fodder, at 6.0 ppm;

soybeans, at 2.0 ppm; soybean hulls, at

5.0 ppm; aspirated grain fractions, at

25.0 ppm; eggs, at 0.05 ppm; poultry,

meat at 0.05 ppm; poultry, fat at 0.05

ppm; and poultry, mbyp at 0.10 ppm.

The residues of glufosinate-ammonium

were defined as butanoic acid, 2-amino4-(hydroxymethylphosphinyl)-,

monoammonium salt and its

metabolites: 2-acetamido-4-

methylphosphinico-butanoic acid and

3-methylphosphinico-propionic acid

expressed as glufosinate free acid

equivalents.

There were no comments or requests

for referral to an advisory committee

received in response to the notices of

filing. The Notice of Filings were

incorrectly stated for eggs and the

poultry commodities because the

residue chemistry data showed only the

parent chemical and one metabolite, 3-

methylphosphinico-propionic acid. The

subject regulation is therefore amended

accordingly. The data submitted in the