Federal Register / Vol. 62, No. 223 / Wednesday, November 19, 1997 / Rules and Regulations 61647

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.

XII. 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

40 CFR Part 180

Environmental protection,

Administrative practice and procedure,

Agricultural commodities, Food

additive, Pesticides and pests, Reporting

and record keeping requirements.

40 CFR Part 185

Environmental protection, Food

additives, Pesticides and pests

Dated: October 31, 1997.

Stephen L. Johnson,

Acting Director, Office of Pesticide Programs.

Therefore, 40 CFR chapter I is

amended as follows:

PART 180—[AMENDED]

1. In part 180:

a. The authority citation for part 180

continues to read as follows:

Authority: 21 U.S.C. 346a and 348.

b. Section 180.501 is added to read as

follows:

§ 180.501 Hydroprene; tolerances for

residues.

(a) General. A tolerance of 0.2 part per

million is established for residues of

hydroprene [(S)-(Ethyl (2E,4E,7S)-

3,7,11-trimethyl-2,4-dodecadienoate)],

(CAS Reg. No. 65733–18–8) on all food

items in food-handing establishments in

accordance with the following

prescribed conditions:

(1) Application shall be limited to

spot, crack and crevice, perimeter and

ultra low volume (ULV) fogging

treatment in food storage or foodhandling establishments, including

warehouses, food service,

manufacturing, and processing

establishments such as restaurants,

cafeterias, supermarkets, bakeries,

breweries, dairies, meat slaughtering

and packing plants, and canneries

where food and food products are held,

processed, and served: Provided that the

food is removed or covered prior to such

use, and food-processing surfaces are

covered during treatment or thoroughly

cleaned before using, or in the case of

point-source device treatments, devices

must not come into direct contact with

food preparation surfaces and must be

in a minimum distance of 3 feet from

exposed foods.

(2) To assure safe use of the insect

growth regulator, the label and labeling

shall conform to that registered by the

U.S. Environmental Protection Agency,

and it shall be used in accordance with

such label and labeling.

(b) Section 18 emergency exemptions.

[Reserved]

(c) Tolerances with regional

registrations. [Reserved]

(d) Indirect or inadvertent residues.

[Reserved]

PART 185—[AMENDED]

2. In part 185:

a. The authority citation for part 185

continues to read as follows:

Authority: 21 U.S.C. 346a and 348.

§ 185.3625 [Removed]

b. Section 185.3625 is removed.

[FR Doc. 97–30382 Filed 11–18–97; 8:45 am]

BILLING CODE 6560–50–F

DEPARTMENT OF TRANSPORTATION

Maritime Administration

46 CFR Part 383

[Docket No R–156]

RIN 2133–AB16

Determination of Fair and Reasonable

Guideline Rates for the Carriage of

Less-Than-Shipload Lots of Bulk and

Packaged Preference Cargoes on U.S.-

Flag Commercial Liner Vessels;

Removal of Part

AGENCY: Maritime Administration, DOT.

ACTION: Final Rule.

SUMMARY: In connection with the

President’s Regulatory Reinvention

Initiative, the Maritime Administration

(MARAD), after having initiated a

rulemaking with a notice of proposed

rule-making (NPRM), has reviewed the

subject regulations at 46 CFR part 383

and has determined to withdraw that

rulemaking and remove the entire part.

Part 383 has become unnecessary in

view of the decline in the volume of

U.S.-flag vessel liner service.

DATES: This rule is effective November

21, 1997.

FOR FURTHER INFORMATION CONTACT:

Michael P. Ferris, Director, Office of

Costs and Rates, Telephone: (202) 366–

2324.

SUPPLEMENTARY INFORMATION: In

administering the cargo preference

program pursuant to the Cargo

Preference Act of 1954, incorporated in

section 901(b), Merchant Marine Act,

1936, as amended (46 App. U.S.C.

1241(b)), MARAD provides guideline

rates for the carriage of agricultural

preference cargoes to the U.S.

Department of Agriculture (USDA) and

the Agency for International

Development (AID) (‘‘sponsoring

agencies’’) for bagged and packaged

agricultural commodities carried on

bulk vessels. The methodology for

calculating guideline rates is stated in

regulations at 46 CFR part 382. Those

sponsoring agencies requested that

MARAD extend the scope of its

regulations at 46 CFR part 383 to

provide them with guideline rates for

bagged and packaged agricultural

commodities carried on liner vessels in

less-than-shipload lots. Accordingly,

MARAD published a NPRM (60 FR

20069; April 24, 1995) proposing to

amend its regulations in part 383 to

provide guideline rates for bagged or

packaged agricultural commodities in

parcels of 5,000 tons and greater on

vessels in liner services.
61648 Federal Register / Vol. 62, No. 223 / Wednesday, November 19, 1997 / Rules and Regulations

After careful review of the

methodology that was proposed in the

NPRM and the comments received in

response to that methodology, MARAD

has concluded that the current rule, as

well as the amendments that it proposed

to that rule, cannot adequately apply to

liner vessels the methodology used in

determining guideline rates for bulk

vessels due to the fundamental

difference between bulk and liner

vessels. MARAD’s basic assumption that

large liner cargo parcels take on

significant aspects of bulk shipment was

not supported by the comments. Several

commenters pointed out that even when

large parcels are carried to the same

country or area, the cargo discharging is

typically done at numerous ports in the

region, subjecting the liner operators to

much greater risk of delays than bulk

operators, which typically unload in

one or two ports. In addition, voyages in

the liner preference trades typically

involve multiple shippers and receivers,

each with their own shipment terms.

MARAD believes that expansion of the

scope of part 383, which addresses lessthan-shipload lots of bulk preference

cargo on liner vessels, is not appropriate

at this time and that it would be more

fitting to remove the entire part. This

conclusion is supported by the fact that

the rule has not been utilized since

1995, and that, with the sharp decline

in the number of U.S.-flag general cargo

vessels operating in liner services, it is

very unlikely that any future preference

cargoes will fall within the purview of

the regulations contained therein. In the

absence of a regulation, MARAD can

make an ad hoc determination, if such

a shipment is made in the future, under

its general authority to administer the

cargo preference laws of the United

States.

Rulemaking Analyses and Notices

Executive Order 12866 (Regulatory

Planning and Review); Department of

Transportation (DOT) Regulatory

Policies Procedures; Pub. L. 104–121.

This rulemaking has been reviewed

under Executive Order 12866 and

Department of Transportation

Regulatory Policies and Procedures (44

FR 11034; February 26, 1979). It is not

considered to be an economically

significant regulatory action under

section 3(f) of E.O. 12866, since it has

been determined that it is not likely to

result in a rule that may have an annual

effect on the economy of $100 million

or more or adversely affect in a material

way the economy, productivity,

competition, jobs, the environment,

public health or safety, or State, local,

or tribal governments or communities. It

is not considered to be a significant rule

under the Department’s Regulatory

Policies and Procedures.

MARAD has determined that this

rulemaking presents no substantive

issue which it could reasonably expect

would produce meaningful public

comment since it is merely removing a

rule that is obsolete, the retention of

which could serve no useful purpose.

Accordingly, pursuant to 5 U.S.C. 553

(c) and (d), the Administrative

Procedure Act, MARAD finds that good

cause exists to publish this as a final

rule, without opportunity for public

comment, and to make it effective in

less than thirty days after the date of

publication.

This rule has not been reviewed by

the Office Management and Budget

under Executive Order 12866.

Federalism

The Maritime Administration has

analyzed this rulemaking in accordance

with 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.

Regulatory Flexibility Act

The Maritime Administration certifies

that this rulemaking will not have a

significant economic impact on a

substantial number of small entities

since MARAD has historically

calculated guidline rates for only three

operators in the liner trade.

Environmental Assessement

The Maritime Administration has

considered the environmental impact of

this rulemaking and has concluded that

an environmental impact statement is

not required under the National

Environmental Policy Act of 1969.

Paperwork Reduction Act

This rulemaking contains no reporting

requirement that is subject to OMB

approval under 5 CFR part 1320,

pursuant to the Paperwork Reduction

Act of 1995 (44 U.S.C. 3501 et seq.).

This rule does not impose any

unfunded mandates or requirements

that will have an impact on the quality

of the human environment.

List of Subjects in 46 CFR part 383

Agricultural commodities, Cargo

vessels, Government procurement,

Grant programs—foreign relations, Loan

programs—foreign relations, Water

transportation.

Accordingly, 46 CFR part 383 is

hereby removed and reserved.

By Order of the Acting Maritime

Administrator.

Dated: November 14, 1997.

Joel C. Richard,

Secretary, Maritime Administration.

[FR Doc. 97–30370 Filed 11–18–97; 8:45 am]

BILLING CODE 4910–81–P

FEDERAL MARITIME COMMISSION

46 CFR Part 586

[Docket No. 96–20]

Port Restrictions and Requirements in

the United States/Japan Trade

AGENCY: Federal Maritime Commission.

ACTION: Final rule; suspension of

effectiveness.

SUMMARY: The Federal Maritime

Commission is suspending the

effectiveness of its final rule assessing

fees on liner vessels operated by

Japanese carriers, in light of agreements

reached between the United States

Government and the Government of

Japan, and among affected commercial

parties and the Government of Japan,

addressing restrictive and unfavorable

conditions affecting U.S. shipping in

Japanese ports.

DATES: Effective November 13, 1997, 46

CFR 586.2 as published at 62 FR 9696,

March 4, 1997, and amended at 62 FR

18532, April 16, 1997, is suspended.

ADDRESSES: Filings and requests for

publicly available information should

be addressed to: Joseph C. Polking,

Secretary, Federal Maritime

Commission, 800 North Capitol Street,

N.W., Washington, D.C. 20573, (202)

523–5725.

FOR FURTHER INFORMATION CONTACT:

Thomas Panebianco, General Counsel,

Federal Maritime Commission, 800

North Capitol Street, N.W., Washington,

D.C. 20573, (202) 523–5740.

SUPPLEMENTARY INFORMATION: On

February 26, 1997 (62 FR 9696, March

4, 1997), the Commission issued a final

rule pursuant to section 19(1)(b) of the

Merchant Marine Act, 1920, 46 U.S.C.

app. 876(1)(b), to assess per-voyage fees

on Japanese liner carriers, in response to

unfavorable conditions facing U.S.

shipping in Japanese ports. On April 13,

1997 (62 FR 18533, April 16, 1997), the

Commission postponed the effective

date of the final rule (originally set for

April 14, 1997) until September 4, 1997,

to allow the Government of Japan and

affected parties further opportunity to

craft appropriate plans for addressing

the unfavorable conditions identified in

the final rule. On September 4, 1997, the

Commission, having been presented