Federal Register / Vol. 62, No. 223 / Wednesday, November 19, 1997 / Rules and Regulations 61645

address in ‘‘ADDRESSES’’ at the

beginning of this document.

IX. Regulatory Assessment

Requirements

This final rule establishes a timelimited tolerance under FFDCA section

408(l)(6). 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). 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 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, since these tolerances and

exemptions that are established under

FFDCA section 408 (l)(6), such as the

tolerance in this final rule, do not

require the issuance of a proposed rule,

the requirements of the Regulatory

Flexibility Act (RFA) (5 U.S.C. 601 et

seq.) do not apply. Nevertheless, the

Agency has 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.

X. 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 recordkeeping

requirements.

Dated: October 22, 1997.

Peter Caulkins,

Acting Director, Registration Division, 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. In § 180.433, by alphabetically

inserting the following item into the

table in paragraph (b) to read as follows:

§ 180.433 Sodium salt of fomesafen;

tolerance for residues.

* * * * *

(b) * * *

Commodity Parts per million Expiration/Revocation Date

* * * * * * *

Beans, dry ........................................................................................... 0.05 10/31/98

* * * * *

[FR Doc. 97–30383 Filed 11–18–97; 8:45 am]

BILLING CODE 6560–50–F

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Parts 180 and 185

[OPP–300475A; FRL–5746–5]

RIN 2070–AC78

Hydroprene Biochemical Pest Control

Agent; Pesticide Tolerance

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final Rule.

SUMMARY: This rule expands the

tolerance for residues of hydroprene,

[(S)-(Ethyl (2E,4E,7S)-3,7,11-trimethyl2,4-odecadienoate)], an insect growth

regulator, on all food items in foodhandling establishments to include

perimeters and pantries, and

warehouses to the list of permissible

food storage sites and ultra low volume

(ULV) fogging as a permissible treatment

method under certain precautions and

conditions. This rule also permits the

use of point source device treatments

providing those devices do not come

into direct contact with food

preparation surfaces and are kept a

minimum distance of 3 feet from

exposed foods. This rule also restricts

the tolerance expression to residues of

[(S)-(Ethyl(2E,4E,7S)-3,7,11-trimethyl

2,4-dodecadienoate)], the S-racemer of

hydroprene since the R-racemer is no

longer being supported in reregistration.

DATES: This regulation is effective

November 19, 1997. Objections and

requests for hearings must be received

by EPA on or before January 20, 1998.

ADDRESSES: Written objections and

hearing requests, identified by the

docket control number [OPP–300475A],

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–

300475A], must also be submitted to:

Public Information and Records

Integrity Branch, Information Resources

and Services Division (7502C), 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
61646 Federal Register / Vol. 62, No. 223 / Wednesday, November 19, 1997 / Rules and Regulations

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 file

format or ASCII file format. All copies

of electronic objections and hearing

requests must be identified by the

docket number [OPP–300475A]. 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: Diana Horne, c/o Product Manager

(PM) 90, 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:

Room 5-W42, 5th Floor, CS#l, 2800

Crystal Drive, Arlington, VA (703) 308–

8367; horne.diana@epamail.epa.gov.

SUPPLEMENTARY INFORMATION: In the

Federal Register of June 4, 1997 (62 FR

30549)(FRL–5600–6) EPA issued a

proposal to amend 40 CFR parts 180 and

185 by removing § 185.3625 and adding

§ 180.501, and by adding perimeters,

pantries and warehouses to the list of

permissible food storage sites and ultra

low volume (ULV) fogging as a

permissible treatment method under

certain precautions and conditions. The

Agency is also permitting the use of

point source device treatments

providing those devices do not come

into direct contact with food

preparation surfaces and must be kept a

minimum distance of 3 feet from

exposed foods. The Agency also

proposed restricting the tolerance

expression to residues of [(S)-(Ethyl

(2E,4E,7S)-3,7,11-trimethyl-2,4-

dodecadienoate)], the S-racemer of

hydroprene. The R-racemer is being

removed from the tolerance expression

since Sandoz Agro Inc., the

manufacturer, is supporting only the

reregistration of (S)-hydroprene and no

longer manufacturers the R/S

hydroprene racemic mixture.

There were no comments in response

to this proposed rule. The data

submitted in the petition and other

material have been evaluated.

Based on the reasoning and findings

set forth in the preamble to the

proposed rule, 40 CFR part 180 is

amended as set forth 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(d) 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

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 20, 1998,

file written objections to any aspect of

this regulation 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 number [OPP–

300475A] (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 Response and

Program Resources Branch, Field

Operations Division (7502C), 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
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.