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Citation: 59 Fed. Reg. 28480 1994 

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28480 Federal Register / Vol. 59.. No. 105 / Thursday, June 2, 1994 / Rules and Regulations

§ 97.33 RNAV SlAPs; and § 97.35

COPTER SlAPs, identified as follows:

... Effective Aug 18, 1994

Bowling Green, OH, Wood County, VOR

RWY 18, Amdt 12

Bowling Green, OH, Wood County, VOR/

DME RNAV RWY 27 Amdt 1

Toledo, OH, Toledo Express, VORIDME or

CPS RWY 34, Amdt 6

Toledo, OH, Toledo Express, NDB or GPS

RWY 7 Amdt 24

Toledo, OH, Toledo Express, ILS RWY 7

Amdt 26

Toledo, OH, Toledo Express, ILS RWY 25,

Amdt 6

Toledo, OH, Toledo Express, RADAR-I,

Amdt 19

Borger, TX, Hutchinson County, VOR RWY

17 Amdt 7

Borger, TX, Hutchinson County, VOR/DME

RWY 35, Amdt 2

...Effective July 21, 1994

Blytheville, AR, Blytheville Muni, NDB RWY

36, Amdt 1

Blytheville, AR. Blytheville Muni, NDB RWY

18, Amdt I

Chino, CA, Chino, VOR-B, Amdt 3

Ballinger, TX, Bruce Field, NDB RWY 35,

Amdt I

...Effective June 23, 1994

West Memphis, AR, West Memphis Mum,

VOR/DME-A, Amdt 5

West Memphis, AR, West Memphis Muni,

NDB-B, Amdt 2

West Memphis, AR, West Memphis Muni.

NDB RWY 17 Amdt 9

West Memphis, AR, West Memphis Muni,

ILS RWY 17 Amdt 1

West Memphis, AR, West Memphis Mum,

RADAR-I, Amdt 9

Eastport, ME, Eastport Muni, NDB RWY 15,

Ong

Eastport, ME, Eastport Muni, NDB RWY 33,

Orig

Lee s Summit, MO, Lee's Summit Municipal,

VOR-B, Amdt 3

Akron, OH, Akron Fulton Intl, LOC RWY 25,

Amdt 13

Akron, OH, Akron Fulton Intl, NDB RWY 25.

Amdt 13

Cleveland, OH, Burke Lakefront, LOC RWY

24R, Amdt 10

Cleveland, OH, Burke Lakefront, NDB or GPS

RWY 24R, Amdt 1

Altus, OK, Altus Muni, VOR-A, Amdt 4

Altus, OK, Altus Muni, VOR-B, Ong

Myerstown, PA, Decks, VOR/DME-A, Amdt 1

...Effective upon publication

Atlanta, CA, Peachtree City-Falcon Field,

LOC BC RWY 13, Amdt 2

Cincinnati, OH, Cincinnati-Blue Ash, NDB

RWY 6, Orig

Cincinnati, OH, Cincinnati-Blue Ash, NDB

RWY 24, Orig

IFR Doec 94-13442 Filed 6-1-94; 8:45 aml.

BILLING CODE 4910-13-M

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Food and Drug Administration

21 CFR Part 101

[Docket No. 94N-0191]

Food Labeling: Application of Nutrition

Labeling, Nutrient Content Claims, and

Juice Labeling Requirements toFood

Products; Certification

AGENCY' Food and Drug Administration.

HHS.

ACTION: Final rule: notice of legislation

and of address for submission of

,certifications.

SUMMARY' The Food and Drug

Administration (FDA) is announcing the

address to which a person should

submit certifications made pursuant to

Pub. L. 103-261. The public law

extends the time period for compliance

with certain provisions of the Food,

Drug, and Cosmetic Act (the act) but

makes the extension contingent-upon

the submission of a certification to FDA.

This notice is published in response to

the passage of Pub. L. 103-261.

DATES: Certifi~ations must be received

before June 15, 1994.

ADDRESSES: Certifications should be

sent to the Office of Food Labeling

(HFS-150), Food and Drug

Administration, 200 C St: SW.,

Washington, DC 20204.

FOR FURTHER INFORMATION CONTACT:

Gerad L. McCowin, Center for Food

Safety and Applied Nutrition (HFS151), Food and Drug Administration,

200 C St. SW., Washington, DC 20204,

202-205--4561.

SUPPLEMENTARY INFORMATION: President

Clinton has signed into law Pub. L. 103-

261. This law extends the time period

for food products to comply with

section 403(q) and 403(r)(2) of the act

(21 U.S.C. 343(q) and 343(r)(2)), and

with the provision of section 403(i) of

the act (21 U.S.C. 343(i)) that was added

by section 7(2) of the Nutrition Labeling

and Education Act (NLEA) (21 U.S.C.

343), until after August 8, 1994. This

delay is contingent, however, on the

person who introduces the product, or

delivers it for introduction, into

interstate commerce submitting before

June 15, 1994, a certification to theSecretary of Health and Human Services

that such person will comply with Pub.

L. 103-261 and with section 403(q) and

403(r)(2) of the act, and the provision of

section 403(i) of the act referenced

above, after August 8, 1994.

All such certifications should be

submitted to: Office of Food Labeling

(ttFS-150), Food and Drug

Administration, 200 C St. SW.,

Washington, DC 20204.

The words "NLEA certification"

should be placed on the bottom lefthand corner of the envelope containing

the certification.

All labels and labeling applied to food

after August 8, 1994, must comply with

section 403(q) and 403(r)(2) and with

the provision of section 403(i) of the act

referenced above, as well as the

regulations implementing these sections

of the act (see 58 FR 44033, August 18,

1993; 58 FR 49190, September 22, 1993:

and 59 FR 15049 March 31, 1994).

Dated: May 27 1994.

Michael R. Taylor,

Deputy Commissioner for Policy.

IFR Doc. 94-13467 Filed 5-27-94; 4:18 pml

BILUNG CODE 4160-01-F

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 81

[OH44-1-6936; FRL-4890-2]

Designation of Areas for Air Quality

Planning Purposes; Ohio

AGENCY, United States Environmental

Protection Agency (USEPA).

ACTION: Final rulemaking.

SUMMARY- USEPA is deleting all total

suspended particulate (TSP) area

designations in the State of Ohio. This

direct final action was prompted by the

Ohio Environmental Protection

Agency's request to redesignate all areas

in the State, except for Cuyahoga

County and a portion of Jefferson

County from TSP nonattainment to

attainment. Section 107(d){4)(B) of the

Clean Air Act (CAA) authorizes USEPA

to eliminate all area TSP designations

once the increments for particulate

matter with an aerodynamic diameter

less than 10 microns are promulgated.

On June 3, 1993 (58 FR 31622), USEPA

published the final rulemaking revising

the prevention of significant

deterioration (PSD) particulate matter

increments so that the increments are

measured in terms of particulate matter

with an aerodynamic diameter less than

or equal to 10: microns (respirable

particulate matter). The June 3, 1993

final rulemaking alsoestablishes the

method by which USEPA deletes such

TSP designations. Today's action

becomes effective on June 3, 1994. the

effective date of the respirable

particulate matter increments.

Please note that for this action, the

term "respirable particulate matter"

HeinOnline -- 59 Fed. Reg. 28480 1994
Federal Register / Vol. 59, No. 105 / Thursday, June 2, 1994 / Rules and Regulations

only applies to particulate matter with

an aerodynamic diameter less than or

equal to 10 microns. "Respirable

particulate matter" is not to be confused

with particulate matter with an

aerodynamic diameter less than or equal

to 2.5 microns.

EFFECTIVE DATE: This rulemaking will

become effective on June 3, 1994.

ADDRESSES: Copies of the State

submittal for this action are available for

public inspection during normal

business hours at the following address:

(It is recommended that you telephone

Gina Smith at (312) 886-7018 before

visiting the Region 5 Office.): U.S.

Environmental Protection Agency,

Region 5, Air and Radiation Division, 77

West Jackson Boulevard, Chicago,

Illinois 60604.

FOR FURTHER INFORMATION CONTACT: Gina

M. Smith, Air Enforcement Branch,

Regulation Development Section, (AE17J), U.S. Environmental Protection

Agency, Region 5, Chicago, Illinois,

60604, (312) 886-7018.

SUPPLEMENTARY INFORMATION:

Background

In 1971, USEPA promulgated primary

and secondary national ambient air

quality standards (NAAQS) for

particulate matter to be measured as

TSP On July 1, 1987 (52 FR 24634),

USEPA revised the NAAQS for

particulate matter, replacing the TSP

indicator with the respirable particulate

matter indicator. The particulate matter

standard was revised under the

authority of Section 109(d) of the CAA,

which requires periodic review and, if

appropriate, revision of existing criteria

and standards.

In a related rulemaking published in

the July 1, 1987 Federal Register (52 FR

24672), the Agency determined that the

respirable particulate matter standard

would be implemented pursuant to

section 110 of the CAA. As a result, the

area designation process of section 107

and the nonattainment provisions of

Part D did not apply to the respirable

particulate matter NAAQS.

Consequently, TSP designations were

retained as a means of differentiating

areas needing nonattainment area new

source review as opposed to attainment

area prevention of significant

deterioration review and to provide for

attainment area increment tracking. In the 1990 amendments to the CAA,

section 107 established designations of

attainment status for respirable

particulate matter. In addition, section

107(d)4)(B) expressly states that any

designation for particulate matter

(measured in terms of TSP) that the

Administrator promulgated prior to

enactment of the 1990 Amendments

shall remain in effect for purposes of

implementing the particulate matter

(measured in terms of TSP) increments

until the Administrator determines that

such designation is no longer necessary

for that purpose. Section 166(f)

authorizes USEPA to replace the TSP

increment with respirable particulate

matter increments.

Upon enactment of the Clean Air Act

Amendments of 1990, Cuyahoga County

and a portion of Jefferson County were

designated as nonattainment areas for

respirable particulate matter. These two

areas, as well as seven other areas

within the State, had previously been

designated TSP nonattainment areas.

Cuyahoga County and a portion of

Jefferson County will remain designated

as nonattainment areas for respirable

particulate matter.

On June 3, 1993 (58 FR 31622),

USEPA published the final rulemaking

revising the particulate matter

increments so that they are measured in

terms of respirable particulate matter.

As a result of the rulemaking, the PSDincrements and NAAQS for particulate

matter will be measured by the same

indicator. The final rulemaking also

establishes the method by which

USEPA will delete TSP area

designations.

As stated at 58 FR 31635, the deletion

of TSP area designations for each State

will occur at the same time that: USEPA.

(1) approves a State's revised PSD

program containing the respirable

particulate matter increments, (2)

promulgates the PM-10 increments into

a State's SIP when the State chooses not

to adopt the increments on their own, or

(3) approves a State's request for

delegation of PSD responsibility under

§ 52.21(u). For States already having

delegated authority to implement the

Federal PSD regulations, the rulemakkng

states that "USEPA will eliminate the

TSP designations when the PM-10

increments become effective under

§ 52.21 on June 3, 1994."

USEPA has delegated to the State of

Ohio the authority to implement the

PSD program. The delegation agreement

provides for automatic adoption of the

revised respirable particulate matter

increments once the increment becomes

effective. On August 3, 1993 (58 FR

41218), USEPA proposed to approve the

State of Ohio's regulations providing for

attainment of respirable particulate

matter air quality standards in areas that

are currently designated nonattainment

and unclassifiable for respirable

particulate matter.

USEPA interprets section 107(d)(4)(B)

of the CAA to allow elimination of all

TSP area designations once the '

respirable particulate matter increments

are promulgated. The respirable

particulate matter increments will

become effective June 3, 1994 and

would automatically be delegated for

implementation by the State of Ohio.

USEPA finds that the promulgation of

the respirable particulate matter

increments and USEPA's proposed

approval of Ohio's respirable particulate

matter SIP fulfills the criteria for

eliminating TSP area designations

altogether.

Although the OEPA requested

redesignation of all areas in the State,

.except Cuyahoga County and Jefferson

County from TSP nonattainment to

attainment, USEPA believes that it is

administratively more efficient to delete

TSP area designations totally since the

deletion eliminates the need for two

rulemaking proceedings. If USEPA were

to redesignate the TSP nonattainment

areas at this time, the Agency would

then have to promulgate another

rulemaking on or after June 3, 1994,

when the respirable particulate matter

PSD increments become effective.

USEPA is publishing this action

without prior proposal because, due to

the change from TSP to respirable

particulate matter under the particulate

matter regulatory scheme, the Agency

views this as a noncontroversial

amendment and anticipates no adverse

comments. This action will be effective

June 3, 1994 unless, within 30 days of

its publication, notice is received that

adverse critical comments will be

submitted.

If such notice of comments is

received, this action will be withdrawn

before the effective date by publishing

two subsequent notices. A notice would

be published withdrawing the final,

action, and another notice would begin

a new rulemaking by announcing a

proposal of the action and establishing

a comment period. If no such comments

are received, the public is advised that

this action will be effective on June 3,

1994.

Final Action

USEPA is taking action to delete all

TSP area designations in the State of

Ohio since the Agency believes it is

administratively more efficient than

redesignating the TSP nonattainment

areas, except for Cuyahoga County and

a portion of Jefferson County, to

attainment. Deletion of the TSP area

delegations at this time eliminates the

need for two rulemaking proceedings

and has the same effect as redesignating

TSP nonattainment areas to attainment.

Nothing in this action should be

consirued as permitting, allowing or

establishing a precedent for any future

28481

HeinOnline -- 59 Fed. Reg. 28481 1994
28482 Federal Register / Vol. 59, No. 105 / Thursday, June 2, 1994 / Rules and Regulations

request for revision to any SIP Each

request for revision to the SIP shall be

considered separately in light of specific

technical, economic, and environmental

factors and in relation to relevant

statutory and regulatory requirements.

The Agency has reviewed this action

for conformance with the provisions of

the Clean Air Act Amendments of 1990

enacted on November 15, 1990 and

determined that this action conforms

with the statute as amended. The

Agency has examined the issue of

whether this action should be reviewed

only under the provisions of the law as

it existed on the date of submittal to the

Agency (i.e., prior to November 15.

1990) and has determined that the

Agency must apply the new law.

This action has been classified as a

Table 3 action by the Regional

Administrator under the procedures

published in the Federal Register on

January 19, 1989 (54 FR 2214-2225).

Under Executive Order 12866, [58 FR

51735 (October 4, 1993)1 the Agency

must determine whether the regulatory

action is "significant" and therefore

subject to Office of Management and

Budget (OMB) review and the

requirements of the Executive Order.

The Order defines "significant

regulatory action" as one that is likely

to result in a rule that may:

(1) Have.an annual effect on the

economy of $100 million or more or

adversely affect in a material way the

economy, a sector of the economy

productivity competition, jobs, the

environment, public health or safety or

State, local or tribal governments or

communities;

(2) Create a serious inconsistency or

otherwise interfere with an action taken

orp lanned by another agency'

(3) Materially alter the budgetary

impact of entitlements, grants, user fees.

or loan programs or the rights and

obligations of recipients thereof; or (4) Raise novel legal or policy issues

arising out of legal mandates, the

President's priorities, or the principles

set forth in the Executive Order.

OMB has exempted the regulatory

action from Executive Order 12866

review.

Under the Regulatory Flexibility Act,

5 U.S.C. 600 et seq., USEPA must

prepare a regulatory flexibility analysis

assessing the impact of any proposed or

final rule on small entities. 5 U.S.C. 603

and 604. Alternatively, USEPA may

certify that the rule will not have a

significant impact on a substantial

number of small entities. Small entities

include small businesses, small not-forprofit enterprises, and government

entities with jurisdiction over

populations of less than 50.000.

USEPA s action under section 110

and subchapter I, part D of the CAA

does not affect any existing

requirements applicable to small

entities. Any pre-existing Federal

requirements remain in place after this

action. Moreover, USEPA s action does

not impose any new Federal

requirements. Therefore, USEPA

certifies that this action does not have

a significant impact on a substantial

number of small entities because it does

not remove existing requirements nor

does it impose any new Federal

requrements.

Under section 307(b)(1) of the CAA,

petitions for judicial review of this

action must be filed in the United States

Court of Appeals for the appropriate

circuit by August 1, 1994. This action

may not be challenged later in

proceedings to enforce its requirements

(see section 307(b)(2)).

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Intergovernmental

relations, Particulate matter, Reporting

and recordkeeping requirements.

Dated: March 22, 1994.

Valdas V Adamkus,

Regional Administrator.

40 CFR part 81 is amended as follows:

PART 81-DESIGNATION OF AREAS

FOR AIR QUALITY PURPOSES

1. The authority citation for part 81

continues to read as follows:

Authority: 42 U.S.C. 7401-7671q.

2. Within § 81.336-Ohio, the table

entitled "Ohio-TSP" is removed.

[FR Doc. 94-13329 Filed 6-1-94; 8:45 amn

BILUNO CODE WW-qO-P

40 CFR Part 180

[OPP-30072K, FRL-4780-1]

Tolerance Processing Fees

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY- This rule increases fees

charged for processing tolerance

petitions for pesticides under the

Federal Food, Drug, and Cosmetic Act

(FFDCA). The change in fees reflects a

4.23 percent increase in locality pay for

civilian Federal General Schedule (GS)

employees working in the Washington,

DC/Baltimore, MD metropolitan area in

1994.

EFFECTIVE DATE: July 5, 1994.

FOR FURTHER INFORMATION CONTACT:

Concerning this rule contact: By mail:

Ken Wetzel, Program Management and

Support Division (7502C), Office of

Pesticide Programs, Environmental

Protection Agency 401 M St., SW.,

Washington, DC 20460. Office location

and telephone number: Rm. 700-F, CM

#2, 1921 Jefferson Davis Highway

Arlington, VA (703-305-5128).

Concerning tolerance petitions and

individual fees: Jim Tompkins (703-

308-8780)

SUPPLEMEATARY INFORMATION: The EPA

is charged with administration of

section 408 of the Federal Food, Drug,

and Cosmetic Act (FFDCA). Section 408

authorizes the Agency to establish

tolerance levels and exemptions from

the requirements for tolerances for raw

agricultural commodities. Section

408(o) requires that the Agency collect

fees as will, in the aggregate, be

sufficient to cover the costs of

processing petitions for pesticide

products, i.e., that the tolerance process

be as self-supporting as possible.

The current fee schedule for tolerance

petitions (40 CFR 180.33) was published

in the Federal Register on March 24,

1993 (58 FR 16094) and became

effective on April 23, 1993. At that time

the fees were increased 3.7 percent in

accordance with a provision in the

regulation that provides for automatic

annual adjustments to the fees based on

annual percentage changes in Federal

salaries. The specific language in the

regulation is contained in paragraph (o)

of §180.33 and reads in part as follows:

(a) This fee schedule will be changed

annually by the same percentage as the

percent change in the Federal General

Schedule (GS) pay scale*** When automatic

adjustments are made based on the GS pay

scale, the new fee schedule will be published

in the Federal Register as a final rule to

become effective thirty days or more after

publication, as specified in the rule.

rhe Federal Employees Pay

Comparability Act of 1990 (FEPCA)

initiated locality-based comparability

pay known as "locality pay." The

intent of the legislation is to make

Federal pay more responsive to local

labor market conditions by adjusting

General Schedule salaries on the basis

of a comparison with non-Federal rates

on a geographic, locality basis.

The processing and review of

tolerance petitions is conducted by EPA

employees working in the Washington,

DC/Baltimore, MD pay area. The pay

raise in 1994 for Federal General

Schedule employees working in tne

Washington, DC/Baltimore, MD

metropolitan pay area is 4.23 percent;

therefore, the tolerance petition fees are

being increased 4.23 percent. The entire

fee schedule, §180.33, is presenied for

HeinOnline -- 59 Fed. Reg. 28482 1994