60660 Federal Register / Vol. 62, No. 218 / Wednesday, November 12, 1997 / Rules and Regulations

In addition, the preamble to the

Federal regulation at 30 CFR

817.121(a)(2) does not address the

question of what happens when a

landowner denies access. Therefore, it is

reasonable to presume that OSM never

envisioned this situation, thus creating

the regulatory gap that Virginia is

endeavoring to fill.

Subsection (c) has been revised by

deleting the existing language and

replacing new language.

* * * * *

The Federal regulations at 30 CFR

part 946 codifying decisions concerning

the Virginia program are being amended

to implement this revised finding.

Section 946.15 Approval of Virginia

regulatory program amendments is

being amended in the table (third

column on page 48765, 62 FR 48758) to

show both the September 17, 1997, final

publication of this amendment, and the

date of the revision discussed in this

notice.

Dated: November 3, 1997.

Tim L. Dieringer,

Acting Regional Director, Appalachian

Regional Coordinating Center.

PART 946—VIRGINIA

1. The authority citation for part 946

continues to read as follows:

Authority: 30 U.S.C. 1201 et seq.

2. Section 946.15 is amended in the

table by revising the entry having the

original amendment submission date of

May 21, 1996, to read as follows:

§ 946.15 Approval of Virginia regulatory

program amendments.

* * * * *

Original amendment submission date Date of final publication Citation/description

* * * * * * *

May 21, 1996 ...................... September 17, 1997, and November 12, 1997 ............... VA Code §§ 480–03–19.700.5; 784.14, 20; 817.41, 121.

[FR Doc. 97–29724 Filed 11–10–97; 8:45 am]

BILLING CODE 4310–05–M

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.

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: oppdocket@epamail.epa.gov. 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 email. 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:

toghrol.freshteh@epamail.epa.gov..

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
Federal Register / Vol. 62, No. 218 / Wednesday, November 12, 1997 / Rules and Regulations 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:

opp-docket@epamail.epa.gov.

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:

§ 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