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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 asfollows:

...

EffectiveAug 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 orGPS

RWY 7 Amdt 24 Toledo, OH, Toledo Express, ILS RWY 7

Amdt26 Toledo, OH, Toledo Express, ILS RWY25,

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

...EffectiveJuly21,1994 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

...EffectiveJune23, 1994
West Memphis, AR, West Memphis Mum,

VOR/DME-A, Amdt5 West Memphis, AR, WestMemphis Muni, NDB-B, Amdt 2 WestMemphis, 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, LOCRWY 25,

Amdt 13 Akron, OH, AkronFulton Intl, NDB RWY 25.

Amdt 13 Cleveland, OH, Burke Lakefront, LOCRWY

24R, Amdt 10 Cleveland, OH, Burke Lakefront, NDB orGPS

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 uponpublication 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

IFRDoec 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: Applicationof Nutrition Labeling, Nutrient Content Claims, and Juice Labeling Requirements toFood Products; Certification

AGENCY' Food and Drug Administration. HHS. ACTION: Final rule: notice oflegislation and ofaddress 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 ofthe Food, Drug, and Cosmetic Act (theact) but makes the extension contingent-upon the submission of a certification to FDA. This notice is published in response to the passage ofPub. L. 103-261. DATES: Certifi~ations must be received before June 15, 1994. ADDRESSES: Certifications should be
sentto the Office ofFood 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 intolaw Pub. L. 103- 261. This law extends the time period for food products to comply with section 403(q)and 403(r)(2) ofthe act (21 U.S.C. 343(q) and 343(r)(2)), and with the provision ofsection 403(i) of the act (21 U.S.C. 343(i)) that was added by section 7(2) ofthe 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 ofHealth and Human Services that such person will comply with Pub. L. 103-261 and with section 403(q) and 403(r)(2) ofthe act, and the provision of section 403(i) ofthe actreferenced above, after August 8, 1994.

All such certifications shouldbe submitted to: Office ofFood Labeling (ttFS-150), Food and Drug Administration, 200 C St. SW., Washington, DC 20204.



### The words "NLEA certification" should be placed onthe bottom lefthand corner ofthe 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 ofsection 403(i) ofthe act 

### referenced above, as well asthe regulations implementing these sections ofthe act (see 58 FR44033, August 18, 1993; 58FR 49190, September 22, 1993: and 59 FR 15049 March 31, 1994).

Dated: May 27 1994. Michael R. Taylor, DeputyCommissioner forPolicy. 

### IFRDoc. 94-13467 Filed 5-27-94; 4:18pml

BILUNG CODE 4160-01-F

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 81
[OH44-1-6936; FRL-4890-2] Designation of Areas for AirQuality 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 ofOhio. 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 ofJefferson County from TSP nonattainment to attainment. Section 107(d){4)(B) ofthe 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 (58FR 31622), USEPA published the final rulemaking revising the prevention ofsignificant deterioration (PSD) particulate matter increments so that the increments are measured in terms ofparticulate matter with an aerodynamic diameter less than

orequal to 10:microns (respirable particulate matter). The June 3, 1993 final rulemaking alsoestablishes the methodby which USEPA deletes such TSP designations. Today's action becomes effective on June 3, 1994. the effective date ofthe respirable particulate matter increments.

Please note that forthis 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 toparticulate matter with

an aerodynamic diameter lessthan or equal to 10 microns. "Respirable particulate matter" is not tobe confused with particulate matter with an aerodynamic diameter less than or equal to 2.5 microns. EFFECTIVEDATE: This rulemaking will 

### become effective on June 3,1994. ADDRESSES: Copies ofthe State submittal forthis action are available for publicinspection during normal businesshours at the following address: (It is recommended that you telephone Gina Smith at (312) 886-7018 before visiting theRegion 5Office.): U.S. Environmental Protection Agency, Region 5,Air and Radiation Division, 77 WestJackson 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 tobe measured as TSP OnJuly 1,1987 (52 FR 24634), USEPA revisedthe NAAQS for particulate matter,replacing the TSP indicator with therespirable particulate matterindicator. The particulate matter standard was revisedunder the authority ofSection 109(d) ofthe CAA, which requires periodic review and, if appropriate, revision ofexisting criteria and standards.

In a related rulemaking published in the July 1, 1987 Federal Register (52FR 24672), the Agency determined that the respirable particulate matter standard wouldbe implemented pursuant to section 110 ofthe CAA. As aresult, the

area designation process ofsection 107 and the nonattainment provisions of Part D did not apply tothe respirable particulate matter NAAQS. Consequently, TSPdesignations were retained as a means of differentiating

areas needing nonattainment area new
source review as opposed to attainment

area prevention ofsignificant deterioration review and toprovide for attainment area increment tracking.

In the 1990 amendments to the CAA, section 107 established designations of attainment status forrespirable particulate matter. Inaddition, section 107(d)4)(B) expressly states that any designation forparticulate matter (measured interms ofTSP) thatthe Administrator promulgated priorto enactment of the 1990Amendments shall remain in effect forpurposes of implementing the particulate matter (measured in terms ofTSP) increments until the Administrator determines that such designation is no longernecessary forthat purpose. Section 166(f) authorizes USEPA to replace theTSP increment with respirable particulate
matter increments.

Upon enactment of the Clean AirAct Amendments of 1990, Cuyahoga County and a portion ofJefferson Countywere designated as nonattainment areas for respirable particulate matter.These two
areas, as well as seven other areas within the State, hadpreviously been designated TSP nonattainment areas. Cuyahoga County and a portion of Jefferson County willremain designated

as nonattainment areas forrespirable particulate matter.

On June 3, 1993 (58FR 31622), USEPA published the final rulemaking revising the particulate matter increments so that they are measured in
terms ofrespirable particulate matter. As a result ofthe 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 ofTSP area designations for each State will occur at the same time that:USEPA. (1) approves a State'srevised 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 ofPSD 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 hasdelegated to the State of Ohio the authority to implement the PSD program. The delegation agreement provides for automatic adoption ofthe revised respirable particulate matter increments once the increment becomes effective. On August 3, 1993 (58 FR 41218), USEPA proposed to approve the State ofOhio's regulations providing for attainment ofrespirable 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) ofthe CAA toallow elimination ofall TSP area designations once the ' 

### respirable particulate matter increments

arepromulgated. 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 thepromulgation of the respirable particulate matter increments and USEPA'sproposed approval ofOhio's respirable particulate matter SIP fulfillsthe criteria for eliminating TSP area designations altogether.

Although the OEPA requested redesignation ofall areas in the State, .except Cuyahoga County and Jefferson County from TSP nonattainment to attainment, USEPA believes thatitis administratively more efficient to delete TSP area designations totally since the deletion eliminates the need fortwo rulemaking proceedings. IfUSEPA were to redesignate the TSP nonattainment

areas at this time, the Agency would then haveto promulgate another rulemaking on orafter June 3, 1994, whenthe respirable particulate matter PSDincrements become effective.

USEPA ispublishing thisaction without prior proposal because, due to the change from TSP to respirable particulate matter underthe particulate matter regulatory scheme, theAgency views thisas a noncontroversial amendment and anticipates no adverse comments. This action willbe effective June 3, 1994unless, within 30 daysof its publication, notice isreceived that adverse critical comments willbe submitted.

Ifsuch notice ofcomments is received, thisaction will bewithdrawn before the effective date bypublishing two subsequent notices.A notice would be published withdrawing the final, action, and another notice wouldbegin

anew rulemaking by announcing a proposal ofthe action and establishing

acomment period. Ifno such comments
are received, the public is advised that thisaction willbe effective on June3, 1994. 

### Final Action

USEPA istaking action to delete all TSP area designations in the State of Ohio since the Agency believes itis administratively more efficient than redesignating theTSP nonattainment
areas, except for Cuyahoga County and

a portion ofJefferson County, to attainment. Deletion ofthe TSParea delegations at this timeeliminates the need fortwo rulemaking proceedings and has the sameeffect asredesignating TSP nonattainment areasto attainment. Nothing in this action should be consirued as permitting, allowing or establishing a precedent forany 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 thisaction for conformance with the provisions of the Clean Air Act Amendments of1990 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 shouldbe reviewed only under the provisions ofthe law as it existed on the date ofsubmittal tothe 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 theregulatory action is "significant" and therefore subject to Office ofManagement and Budget (OMB)review and the requirements ofthe Executive Order. The Order defines "significant regulatory action" as onethat is likely to result in a rule that may: (1) Have.an annual effect on the economy of$100 million ormore or adversely affect in a material way the
economy, a sector ofthe economy productivity competition, jobs, the environment, publichealth or safety or State, local or tribal governments or communities;

(2) Create a serious inconsistency or otherwise interfere with an action taken orplanned by another agency' (3) Materially alter the budgetary impact ofentitlements, grants, userfees.

or loan programs or therights 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 etseq., USEPA must prepare a regulatory flexibility analysis assessing the impact ofany proposed or final rule on small entities. 5 U.S.C. 603 and 604. Alternatively, USEPA may certify that the rule will nothave a significant impact on a substantial number ofsmall entities. Small entities include small businesses, small not-forprofit enterprises, and government entities with jurisdiction over populations ofless than 50.000. USEPA s action under section 110 and subchapter I,part Dof the CAA does not affect any existing requirements applicable to small entities. Any pre-existing Federal requirements remain in place afterthis action. Moreover, USEPA s action does
not impose any new Federal requirements. Therefore, USEPA certifies thatthis action does not have

a significant impact on a substantial number ofsmall entities because it does
notremove existingrequirements nor does it impose any new Federal requrements.

Under section 307(b)(1) ofthe CAA, petitions for judicial review ofthis action must be filed in the United States Court ofAppeals forthe 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 ofSubjects in 40 CFR Part 52

Environmental protection, Air pollution control, Intergovernmental relations, Particulate matter, Reporting and recordkeeping requirements.

Dated: March 22, 1994. ValdasV Adamkus, RegionalAdministrator.

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. 

### [FRDoc. 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 forprocessing tolerance petitions for pesticides underthe 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 ofthe Federal Food, Drug, and Cosmetic Act (FFDCA). Section 408 authorizes the Agency to establish tolerance levels and exemptions from the requirements fortolerances forraw 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 madebased on the GS pay scale, the new fee schedule willbe published in theFederal Register asa final rule to become effective thirty days ormore 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 ofthe legislation is to make Federal pay more responsive tolocal labormarket conditions by adjusting General Schedule salaries on the basis ofa 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