Federal Register / Vol. 62, No. 239 / Friday, December 12, 1997 / Rules and Regulations 65365

REVISIONS TO MINIMUM ENROUTE IFR ALTITUDES AND CHANGEOVER POINTS—Continued

[Amendment 404 Effective Date, September 11, 1997]

From TO MEA

*2500—MOCA

§ 95.6505 VOR Federal Airway 505 Is Amended to Read in Part

Gopher, MN VORTAC .................................................................. Siren, WI VOR/DME ..................................................................... 3000

§ 95.6547 VOR Federal Airway 547 Is Amended to Read in Part

Cheyenne, WY VORTAC ............................................................. Douglas, WY VOR/DME ............................................................... 9000

From To

Changeover

Points From

Distance

95.8003 VOR Federal Airways Changeover Points Airway Segment V–23 Is Amended To Delete

Paine, WA VOR/DME ........................................................ Bellingham, WA VORTAC ............................................... 14 Paine.

V–186 Is Amended to Read in Part

Van Nuys, CA VOR/DME .................................................. Paradise, CA VORTAC .................................................... 13 Van Nuys.

[FR Doc. 97–32575 Filed 12–11–97; 8:45 am]

BILLING CODE 4910–13–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 180

[OPP–300594; FRL–5760–9]

RIN 2070–AB78

Imidacloprid; Tolerance Extension for

Emergency Exemptions

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This rule extends a timelimited tolerance for residues of the

insecticide imidacloprid and its

metabolites in or on beet and turnip

roots at 0.3 part per million (ppm) beet

and turnip tops at 3.5 ppm for an

additional 1-year period, to November

29, 1998. This action is in response to

EPA’s granting of an emergency

exemption under section 18 of the

Federal Insecticide, Fungicide, and

Rodenticide Act authorizing use of the

pesticide on table beets and turnip

greens. Section 408(l)(6) of the Federal

Food, Drug, and Cosmetic Act requires

EPA to establish a time-limited

tolerance or exemption from the

requirement for a tolerance for pesticide

chemical residues in food that will

result from the use of a pesticide under

an emergency exemption granted by

EPA under section 18 of FIFRA.

EFFECTIVE DATE: This regulation

becomes effective December 12, 1997.

Objections and requests for hearings

must be received by EPA, on or before

February 10, 1998.

ADDRESSES: Written objections and

hearing requests, identified by the

docket control number, [OPP–300447],

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–

300594], 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, Crystal Mall #2,

1921 Jefferson Davis Hwy., Arlington,

VA.

A copy of objections and hearing

requests filed with the Hearing Clerk

may also be submitted electronically by

sending electronic mail (e-mail) to: oppdocket@epamail.epa.gov. Follow the

instructions in Unit II. of this preamble.

No Confidential Business Information

(CBI) should be submitted through email.

FOR FURTHER INFORMATION CONTACT: By

mail: Andrew Ertman, Registration

Division (7505C), Office of Pesticide

Programs, Environmental Protection

Agency, 401 M St., SW., Washington,

DC 20460. Office location, telephone

number, and e-mail address: Crystal

Mall #2, 1921 Jefferson Davis Hwy.,

Arlington, VA 22202, (703)–308–9367;

e-mail:

ertman.andrew@epamail.epa.gov.

SUPPLEMENTARY INFORMATION: EPA

issued a final rule, published in the

Federal Register of November 29, 1996

(61 FR 60622) (FRL–5575–1), which

announced that on its own initiative

and under section 408(e) of the Federal

Food, Drug, and Cosmetic Act (FFDCA),

21 U.S.C. 346a(e) and (l)(6), it

established a time-limited tolerance for

the residues of imidacloprid and its

metabolites in or on beet and turnip

roots at 0.3 ppm and beet and turnip

tops at 3.5 ppm, with an expiration date

of November 29, 1997. EPA established

the tolerance because section 408(l)(6)

of the FFDCA requires EPA to establish

a time-limited tolerance or exemption

from the requirement for a tolerance for

pesticide chemical residues in food that

will result from the use of a pesticide

under an emergency exemption granted

by EPA under section 18 of FIFRA. Such

tolerances can be established without

providing notice or period for public

comment.

EPA received a request to extend the

use of imidacloprid on table beets and

turnip greens for this year growing

season due to the lack of acceptable

control with currently registered

products and the loss of the insecticide

Phosdrin. Under moderate to severe

infestation conditions, the aphids are

expected to cause serious reductions
65366 Federal Register / Vol. 62, No. 239 / Friday, December 12, 1997 / Rules and Regulations

due to contamination problems at

harvest, primarily due to the large

number of aphids remaining on the

crop. The overall threshold that the

market will allow is two aphids or less

per plant. After having reviewed the

submission, EPA concurs that

emergency conditions exist for this

state. EPA has authorized under section

18 of FIFRA the use of imidacloprid on

table beets and turnip greens for control

of aphids in California.

EPA assessed the potential risks

presented by residues of imidacloprid in

or on beet and turnip roots and beet and

turnip tops. In doing so, EPA considered

the new safety standard in section

408(b)(2) of the FFDCA, and decided

that the necessary tolerance under

FFDCA section 408(l)(6) of the FFDCA

would be consistent with the new safety

standard and with section 18 of FIFRA.

The data and other relevant material

have been evaluated and discussed in

the final rule published in the Federal

Register of November 29, 1997. Based

on that data and information

considered, the Agency reaffirms that

extension of the time-limited tolerance

will continue to meet the requirements

of section 408(l)(6) of the FFDCA.

Therefore, the time-limited tolerance is

extended for an additional 1-year

period. Although this tolerance will

expire and is revoked on November 29,

1998, under section 408(l)(5) of the

FFDCA, residues of the pesticide not in

excess of the amounts specified in the

tolerance remaining in or on beet and

turnip roots and beet and turnip tops

after that date will not be unlawful,

provided the pesticide is applied in a

manner that was lawful under FIFRA

and the application occurred prior to

the revocation of the tolerance. EPA will

take action to revoke this tolerance

earlier if any experience with, scientific

data on, or other relevant information

on this pesticide indicate that the

residues are not safe.

I. Objections and Hearing Requests

The new section 408(g) of the FFDCA

provides essentially the same process

for persons to ‘‘object’’ to a tolerance

regulation issued by EPA under new

section 408(e) and (l)(6) of the FFDCA

as was provided in the old section 408

and in section 409 of the FFDCA.

However, the period for filing objections

is 60 days, rather than 30 days. EPA

currently has procedural regulations

which govern 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 February 10,

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 above (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 issues on which

a hearing is requested, the requestor’s

contentions on such issues, and a

summary of any evidence relied upon

by the requestor (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 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

issues 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

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 Virginia

address in ‘‘ADDRESSES’’ at the

beginning of this document.

Electronic comments may be sent

directly to EPA at:

opp-docket@epamail.epa.gov.

Electronic objections and hearing

requests must be submitted as an ASCII

file avoiding the use of special

characters and any form of encryption.

Objections and hearing requests will

also be accepted on disks in

WordPerfect 5.1/6.1 or ASCII file

format. All copies of objections and

hearing requests in electronic form must

be identified by the docket control

number [OPP–300594]. No 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.

III. Regulatory Assessment

Requirements

This final rule extends a time-limited

tolerance under section 408(l)(6) of the

FFDCA. 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

section 408(l)(6) of the FFDCA, 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
Federal Register / Vol. 62, No. 239 / Friday, December 12, 1997 / Rules and Regulations 65367

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 recordkeeping

requirements.

Dated: November 26, 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.

§ 180.472 [Amended]

2. In § 180.472, by amending

paragraph (a) in the table, for the

commodities ‘‘beet roots,’’ ‘‘beet tops,’’

‘‘turnip roots,’’ and ‘‘turnip tops’’ by

removing ‘‘November 29, 1997’’ and

adding in its place ‘‘November 29,

1998’’.

[FR Doc. 97–32550 Filed 12–11–97; 8:45 am]

BILLING CODE 6560–50–F

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 180

[OPP–300591; FRL–5760–4]

RIN 2070–AB78

Myclobutanil; Tolerance Extension for

Emergency Exemptions

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This rule extends a timelimited tolerance for residues of the

fungicide myclobutanil and its

metabolites in or on cucurbits at 0.3

parts per million (ppm) for an

additional 1-year period, to November

30, 1998. This action is in response to

EPA’s granting of an emergency

exemption under section 18 of the

Federal Insecticide, Fungicide, and

Rodenticide Act authorizing use of the

pesticide on cucurbit vegetables.

Section 408(l)(6) of the FFDCA requires

EPA to establish a time-limited

tolerance or exemption from the

requirement for a tolerance for pesticide

chemical residues in food that will

result from the use of a pesticide under

an emergency exemption granted by

EPA under section 18 of FIFRA.

EFFECTIVE DATE: This regulation

becomes effective December 12, 1997.

Objections and requests for hearings

must be received by EPA, on or before

February 10, 1998.

ADDRESSES: Written objections and

hearing requests, identified by the

docket control number, [OPP–300447],

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–

300591], 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, Crystal Mall #2,

1921 Jefferson Davis Hwy., Arlington,

VA.

A copy of objections and hearing

requests filed with the Hearing Clerk

may also be submitted electronically by

sending electronic mail (e-mail) to: oppdocket@epamail.epa.gov. Follow the

instructions in Unit II. of this preamble.

No Confidential Business Information

(CBI) should be submitted through email.

FOR FURTHER INFORMATION CONTACT: By

mail: David Deegan, Registration

Division (7505C), Office of Pesticide

Programs, Environmental Protection

Agency, 401 M St., SW., Washington,

DC 20460. Office location, telephone

number, and e-mail address: Rm. 280,

Crystal Mall #2, 1921 Jefferson Davis

Hwy., Arlington, VA 22202, (703)–308–

9358; e-mail:

deegan.dave@epamail.epa.gov.

SUPPLEMENTARY INFORMATION: EPA

issued a final rule, published in the

Federal Register of January 9, 1997 (62

FR 1284) (FRL–5579–7), which

announced that on its own initiative

and under section 408(e) of the Federal

Food, Drug, and Cosmetic Act (FFDCA),

21 U.S.C. 346a(e) and (l)(6), it

established a time-limited tolerance for

the residues of myclobutanil and its

metabolites in or on cucurbit vegetables

at 0.3 ppm, with an expiration date of

November 30, 1997. EPA established the

tolerance because section 408(l)(6) of

the FFDCA requires EPA to establish a

time-limited tolerance or exemption

from the requirement for a tolerance for

pesticide chemical residues in food that

will result from the use of a pesticide

under an emergency exemption granted

by EPA under section 18 of FIFRA. Such

tolerances can be established without

providing notice or period for public

comment.

EPA established the initial tolerance

in response to a section 18 authorization

granted to the state of California for use

of myclobutanil on cucurbit vegetables

in July 1996. EPA granted this use to

California consistent with provisions of

section 18 of FIFRA, after finding that

there was an emergency condition in the

state requiring use of this product.

When EPA established the time-limited

tolerance it did so consistent with a

review of available information as

required under section 408(l)(6) of the

FFDCA. EPA is taking action now to

extend this tolerance because the

Agency authorized, as allowed under

section 18, this use to occur in the states

of Arizona and Hawaii to control

powdery mildew on cucurbit vegetables

(Arizona) and limited to watermelons

(Hawaii). This authorization occurred

on May 8, 1997, and allowed use of the

product for one year.

EPA assessed the potential risks

presented by residues of myclobutanil

in or on cucurbit vegetables. In doing so,

EPA considered the new safety standard

in FFDCA section 408(b)(2) of the

FFDCA, and decided that the necessary

tolerance under FFDCA section 408(l)(6)

of the FFDCA would be consistent with

the new safety standard and with

section 18 of FIFRA. The data and other

relevant material have been evaluated

and discussed in the final rule

published in the Federal Register of

January 9, 1997. Based on that data and

information considered, the Agency

reaffirms that extension of the timelimited tolerance will continue to meet