[Federal Register Volume 62, Number 218 (Wednesday, November 12, 1997)]
[Rules and Regulations]
[Pages 60660-60661]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-29746]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-300505A; FRL-5750-3]

40 CFR Part 180

RIN 2070-AB78


Corn Gluten; Exemption from the Requirement of a Tolerance

AGENCY:  Environmental Protection Agency (EPA).
ACTION: Final rule.

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SUMMARY: This document establishes an exemption from the requirement of 
a tolerance for residues of corn gluten also known as corn gluten meal, 
when used as an herbicide in or on all food commodities, when applied 
in accordance with good agricultural practice. This exemption from 
requirement of a tolerance is being established by the Agency on its 
own initiative, under the Federal Food, Drug, and Cosmetic Act (FFDCA) 
as amended by the Food Quality Protection Act (FQPA) of 1996.
DATES: This regulation becomes effective November 12, 1997. Written 
objections and requests for hearings must be received by January 12, 
1998.
ADDRESSES: Written objections and hearing requests, identified by the 
docket control number [OPP-300505A], 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-300505A], 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 be submitted electronically by sending electronic mail (e-
mail) to: <a href="/cdn-cgi/l/email-protection#d8b7a8a8f5bcb7bbb3bdac98bda8b9b5b9b1b4f6bda8b9f6bfb7ae"><span class="__cf_email__" data-cfemail="563926267b3239353d3322163326373b373f3a7833263778313920">[email protected]</span></a>. Copies of electronic objections 
and hearing requests must be submitted as an ASCII file avoiding 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 5.1/6.1 or ASCII file format. All copies of 
electronic objections and hearing requests must be identified by the 
docket control number [OPP-300505A]. No Confidential Business 
Information (CBI) should be submitted through e-mail. Copies of 
electronic objections and hearing requests on this rule may be filed 
online at many Federal Depository Libraries.

FOR FURTHER INFORMATION CONTACT: By mail: Freshteh Toghrol, 
Biopesticides and Pollution Prevention Division (7511W), Office of 
Pesticide Programs, Environmental Protection Agency, 401 M St. SW., 
Washington, DC 20460. Office location, telephone number, and e-mail 
address: 5th Floor, Crystal Station 1, 2805 Crystal Drive, Arlington, 
VA; (703) 308-7014, e-mail: <a href="/cdn-cgi/l/email-protection#4d39222a253f2221632b3f283e253928250d283d2c202c242163283d2c632a223b"><span class="__cf_email__" data-cfemail="7a0e151d12081516541c081f09120e1f123a1f0a1b171b1316541f0a1b541d150c">[email protected]</span></a>..
SUPPLEMENTARY INFORMATION: In the Federal Register of July 18, 1997 (62 
FR 38513) [OPP-300505; FRL-5717-8], EPA proposed, pursuant to section 
408(e) of the FFDCA, 21 U.S.C. 346a(d) to amend 40 CFR 180.1164 by 
establishing an exemption from the requirement of a tolerance for corn 
gluten in or on all food commodities, when applied in accordance with 
good agricultural practice.
    There were no comments received in response to the proposed rule.
    Based on the reasons set forth in the preamble to the proposed 
rule, EPA esablishes an exemption from tolerance for corn gluten as 
provided below.

I. Objections and Hearing Requests

    The new FFDCA 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(e) as 
was provided in the old section 408 and in section 409. However, the 
period for filing objections is 60 days, rather than 30 days. EPA 
currently has procedural regulations which governs the submission of 
objections and hearing requests. These

[[Page 60661]]

regulations will require some modification to reflect the new law. 
However, until those modifications can be made, EPA will continue to 
use those procedural regulations with appropriate adjustments to 
reflect the new law.
    Any person may, by January 12, 1998, file written objections to any 
aspect of this regulation (including the automatic revocation 
provision) and may also request a hearing on those objections. 
Objections and hearing requests must be filed with the Hearing Clerk, 
at the address given under the ADDRESSES section (40 CFR 178.20). A 
copy of the objections and/or hearing requests filed with the Hearing 
Clerk should be submitted to the OPP docket for this rulemaking. The 
objections submitted must specify the provisions of the regulation 
deemed objectionable and the grounds for the objections (40 CFR 
178.25). Each objection must be accompanied by the fee prescribed by 40 
CFR 180.33(i). If a hearing is requested, the objections must include a 
statement of the factual issue(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). 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 issue(s) in the manner sought by the requestor would be 
adequate to justify the action requested (40 CFR 178.32). 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.

II. Public Record and Electronic Submissions

    EPA has established a record for this rulemaking under docket 
control number [OPP-300505A] (including any comments and data submitted 
electronically). A public version of this record, including printed, 
paper versions of electronic comments, which does not include any 
information claimed as CBI, is available for inspection from 8:30 a.m. 
to 4 p.m., Monday through Friday, excluding legal holidays. The public 
record is located in Room 1132 of the Public Information and Records 
Integrity Branch, Information Resources and Services Division (7506C), 
Office of Pesticide Programs, Environmental Protection Agency, Crystal 
Mall #2, 1921 Jefferson Davis Highway, Arlington, VA.
    Electronic comments may be sent directly to EPA at:
    <a href="/cdn-cgi/l/email-protection#432c33336e272c20282637032633222e222a2f6d2633226d242c35"><span class="__cf_email__" data-cfemail="2c435c5c0148434f4749586c495c4d414d454002495c4d024b435a">[email protected]</span></a>.


    Electronic comments must be submitted as an ASCII file avoiding the 
use of special characters and any form of encryption.
    The official record for this rulemaking, as well as the public 
version, as described above will be kept in paper form. Accordingly, 
EPA will transfer any copies of objections and hearing requests 
received electronically into printed, paper form as they are received 
and will place the paper copies in the official rulemaking record which 
will also include all comments submitted directly in writing. The 
official rulemaking record is the paper record maintained at the 
address in ``ADDRESSES'' at the beginning of this document.

III. Regulatory Assessment Requirements

    This action finalizes an exemption from the tolerance requirement 
under FFDCA section 408(e). The Office of Management and Budget (OMB) 
has exempted these types of actions from review under Executive Order 
12866, entitled Regulatory Planning and Review (58 FR 51735, October 4, 
1993). In addition, this final rule does not contain any information 
collections subject to OMB approval under the Paperwork Reduction Act 
(PRA), 44 U.S.C. 3501 et seq., or impose any enforceable duty or 
contain any unfunded mandate as described under Title II of the 
Unfunded Mandates Reform Act of 1995 (UMRA) (Pub. L. 104-4). Nor does 
it require any prior consultation as specified by Executive Order 
12875, entitled Enhancing the Intergovernmental Partnership (58 FR 
58093, October 28, 1993), or special considerations as required by 
Executive Order 12898, entitled Federal Actions to Address 
Environmental Justice in Minority Populations and Low-Income 
Populations (59 FR 7629, February 16, 1994), or require special OMB 
review in accordance with Executive Order 13045, entitled Protection of 
Children from Environmental Health Risks and Safety Risks (62 FR 19885, 
April 23, 1997).
    In addition, under the Regulatory Flexibility Act (RFA) (5 U.S.C. 
601 et seq.), the Agency previously assessed whether establishing 
tolerances, exemptions from tolerances, raising tolerance levels or 
expanding exemptions might adversely impact small entities and 
concluded, as a generic matter, that there is no adverse economic 
impact. The factual basis for the Agency's generic certification for 
tolerance actions published on May 4, 1981 (46 FR 24950), and was 
provided to the Chief Counsel for Advocacy of the Small Business 
Administration.

IV. Submission to Congress and the General Accounting Office

    Under 5 U.S.C. 801(a)(1)(A), as added by the Small Business 
Regulatory Enforcement Fairness Act of 1996, the Agency has submitted 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 General Accounting Office prior to publication of this rule in 
today's Federal Register. This 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 record 
keeping requirements.

    Dated: October 27, 1997.

Stephen L. Johnson,

Acting Director, Office of Pesticide Programs.
     Therefore, 40 CFR chapter I is amended as follows:

PART 180--[AMENDED]

    1. The authority citation for part 180 continues to read as 
follows:
    Authority: 21 U.S.C. 346a and 371

    2. Section 180.1164 is amended by adding a new paragraph (c) to 
read as follows:


 Sec. 180.1164   Food and food by-products; exemption from the 
requirement of a tolerance.

*         *         *         *         *
    (c) Corn gluten (CAS Reg. No. 66071-96-3) is exempt from the 
requirement of a tolerance on all food commodities when used as an 
herbicide in accordance with good agricultural practice.

[FR Doc. 97-29746 Filed 11-10-97; 8:45 am]
BILLING CODE 6560-50-F


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