59346 Federal Register / Vol. 65, No. 194 / Thursday, October 5, 2000 / Rules and Regulations

provisions of this amendment state the

affected CFR (and FAR) sections, with

the types and effective dates of the

SIAPs. This amendment also identifies

the airport, its location, the procedure

identification and the amendment

number.

The Rule

This amendment to part 97 is effective

upon publication of each separate SIAP

as contained in the transmittal. Some

SIAP amendments may have been

previously issued by the FAA in a

National Flight Data Center (NFDC)

Notice to Airmen (NOTAM) as an

emergency action of immediate flight

safety relating directly to published

aeronautical charts. The circumstances

which created the need for some SIAP

amendments may require making them

effective in less than 30 days. For the

remaining SIAPs, an effective date at

least 30 days after publication is

provided.

Further, the SIAPs contained in this

amendment are based on the criteria

contained in the U.S. Standard for

Terminal Instrument Procedures

(TERPS). In developing these SIAPs, the

TERPS criteria were applied to the

conditions existing or anticipated at the

affected airports. Because of the close

and immediate relationship between

these SIAPs and safety in air commerce,

I find that notice and public procedure

before adopting these SIAPs are

impracticable and contrary to the public

interest and, where applicable, that

good cause exists for making some

SIAPs effective in less than 30 days.

Conclusion

The FAA has determined that this

regulation only involves an established

body of technical regulations for which

frequent and routine amendments are

necessary to keep them operationally

current. It, therefore—(1) Is not a

‘‘significant regulatory action’’ under

Executive Order 12866; (2) is not a

‘‘significant rule’’ under DOT

Regulatory Policies and Procedures (44

FR 11034; February 26, 1979); and (3)

does not warrant preparation of a

regulatory evaluation as the anticipated

impact is so minimal. For the same

reason, the FAA certifies that this

amendment will not have a significant

economic impact on a substantial

number of small entities under the

criteria of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 97

Air traffic control, Airports,

Navigation (air).

Issued in Washington, DC, on September

29, 2000.

L. Nicholas Lacey,

Director, Flight Standards Service.

Adoption of the Amendment

Accordingly, pursuant to the

authority delegated to me, part 97 of the

Federal Aviation Regulations (14 CFR

part 97) is amended by establishing,

amending, suspending, or revoking

Standard Instrument Approach

Procedures, effective at 0901 UTC on

the dates specified, as follows:

PART 97—STANDARD INSTRUMENT

APPROACH PROCEDURES

1. The authority citation for part 97 is

revised to read as follows:

Authority: 49 U.S.C. 106(g), 40103, 40113,

40120, 44701; and 14 CFR 11.49(b)(2).

2. Part 97 is amended to read as

follows:

§§ 97.23, 97.25, 97.27, 97.29, 97.31, 97.33,

97.35 [Amended]

By amending: § 97.23 VOR, VOR/

DME, VOR or TACAN, and VOR/DME

or TACAN; § 97.25 LOC, LOC/DME,

LDA, LDA/DME, SDF, SDF/DME;

§ 97.27 NDB, NDB/DME; § 97.29 ILS,

ILS/DME, ISMLS, MLS, MLS/DME,

MLS/RNAV; § 97.31 RADAR SIAPs;

§ 97.33 RNAV SIAPs; and § 97.35

COPTER SIAPs, identified as follows:

* * * Effective November 2, 2000

Huntsville, AL, Huntsville Intl-Carl T.

Jones Field, ILS RWY 36R, Orig

Fayetteville, AR, Drake Field, MLS RWY

34, Amdt 2, CANCELLED

Prineville, OR, Prineville, NDB RWY 10,

Orig

Fredericksburg, VA, Shannon, VOR

RWY 24, Amdt 7A, CANCELLED

Martinsburg, WV, Eastern West Virginia

Regional/Shepherd Field, ILS RWY

26, Amdt 6

* * * Effective November 30, 2000

Bethel, AK, Bethel, MLS RWY 36, Orig,

CANCELLED

Cold Bay, AK, Cold Bay, MLS RWY 32,

Amdt 1, CANCELLED

Cold Bay, AK, Cold Bay, GPS RWY 32,

Orig-A

Fairbanks, AK, Fairbanks Intl, RADAR–

1, Amdt 2, CANCELLED

King Salmon, AK, King Salmon, VOR

OR TACAN RWY 11, Amdt 11A

King Salmon, AK, King Salmon, NDB

RWY 11, Amdt 2A

Kodiak, AK, Kodiak, GPS RWY 25, OrigA

Port Heiden, AK, Port Heiden, MLS

RWY 5, Orig, CANCELLED

St. Paul Island, AK, St. Paul Island, MLS

RWY 18, Orig-A, CANCELLED

Lafayette, IN, Purdue University, NDB

RWY 10, Amdt 13

Lafayette, IN, Purdue University, ILS

RWY 10, Amdt 11

Lafayette, IN, Purdue University, VOR/

DME RNAV RWY 28, Amdt 6

Lafayette, IN, Purdue University, RNAV

RWY 10, Orig

Lafayette, IN, Purdue University, RNAV

RWY 28, Orig

Burlington, IA, Burlington Regional,

RNAV RWY 36, Orig

Picayune, MS, Picayune Muni, VOR–A,

Orig

McCook, NE, McCook Muni, RNAV

RWY 21, Orig

O’Neill, NE, The O’Neill Muni-John L.

Baker Field, RNAV RWY 13, Orig

O’Neill, NE, The O’Neill Muni-John L.

Baker Field, RNAV RWY 13, Orig

Islip, NY, Long Island MacArthur, NDB

OR GPS RWY 6, Amdt 19

Islip, NY, Long Island MacArthur, ILS

RWY 6, Amdt 22

Islip, NY, Long Island MacArthur, ILS

RWY 24, Amdt 2

New York, NY, La Guardia, Copter

RNAV 250, Orig

Saranac Lake, NY, Adirondack Regional,

ILS RWY 23, Amdt 8

Cleveland, OH, Cleveland-Hopkins Intl,

ILS RWY 28, Amdt 22

Anderson, SC, Anderson Regional,

RNAV RWY 5, Orig

Salt Lake City, UT, Salt Lake City Intl,

ILS RWY 17, Amdt 11

Wendover, UT, Wendover, VOR/DME

OR TACAN–B, Orig

Wendover, UT, Wendover, VOR/DME

OR TACAN RWY 26, Orig

Wendover, UT, Wendover, VOR/DME

OR TACAN–A Amdt 2, CANCELLED

Wendover, UT, Wendover, RNAV–A,

Orig

Wendover, UT, Wendover, RNAV RWY

26, Orig

Black River Falls, WI, Black River Falls

Area, NDB RWY 8, Amdt 6

[FR Doc. 00–25635 Filed 10–4–00; 8:45 am]

BILLING CODE 4910–13–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 180

[OPP–301030; FRL–6599–1]

RIN 2070–AB

Phosphorous Acid; Exemption From

the Requirement of a Tolerance

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This regulation establishes an

exemption from the requirement of a

Federal Register / Vol. 65, No. 194 / Thursday, October 5, 2000 / Rules and Regulations 59347

tolerance for residues of phosphorous

acid and its ammonium, sodium and

potassium salts in or on all food

commodities when used as an

agricultural fungicide on food crops.

Agtrol International submitted a petition

to EPA under the Federal Food, Drug,

and Cosmetic Act, as amended by the

Food Quality Protection Act of 1996,

requesting an exemption from the

requirement of a tolerance. This

regulation eliminates the need to

establish a maximum permissible level

for residues of phosphorous acid and its

ammonium, sodium and potassium

salts.

DATES: This regulation is effective

October 5, 2000. Objections and

requests for hearings, identified by

docket control number [OPP–301030],

must be received by EPA, on or before

December 4, 2000.

ADDRESSES: Written objections and

hearing requests may be submitted by

mail, electronically, or in person. Please

follow the detailed instructions for each

method as provided in Unit IX. of the

SUPPLEMENTARY INFORMATION. To ensure

proper receipt by EPA, your objections

and hearing requests must identify

docket control number [OPP–301030] in

the subject line on the first page of your

response.

FOR FURTHER INFORMATION CONTACT: By

mail: Driss Benmhend, c/o Product

Manager (PM) 90, Biopesticides and

Pollution Prevention Division (7511C),

Environmental Protection Agency, 1200

Pennsylvania Ave., NW., Washington,

DC 20460; telephone number: (703)

308–9525; and e-mail address:

benmhend.driss @epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

You may be affected by this action if

you are an agricultural producer, food

manufacturer, or pesticide

manufacturer. Potentially affected

categories and entities may include, but

are not limited to:

CategoriesNAICS

codes

Examples of potentially affected entities

Industry 111 Crop production

112 Animal production

311 Food manufacturing

32532 Pesticide manufacturing

This listing is not intended to be

exhaustive, but rather provides a guide

for readers regarding entities likely to be

affected by this action. Other types of

entities not listed in the table could also

be affected. The North American

Industrial Classification System

(NAICS) codes have been provided to

assist you and others in determining

whether or not this action might apply

to certain entities. If you have questions

regarding the applicability of this action

to a particular entity, consult the person

listed under FOR FURTHER INFORMATION

CONTACT.

B. How Can I Get Additional

Information, Including Copies of this

Document and Other Related

Documents?

1. Electronically. You may obtain

electronic copies of this document, and

certain other related documents that

might be available electronically, from

the EPA Internet Home Page at http://

www.epa.gov/. To access this

document, on the Home Page select

‘‘Laws and Regulations,’’ ‘‘Regulations

and Proposed Rules,’’ and then look up

the entry for this document under the

‘‘Federal Register—Environmental

Documents.’’ You can also go directly to

the Federal Register listings at http://

www.epa.gov/fedrgstr/.

2. In person. The Agency has

established an official record for this

action under docket control number

OPP–301030. The official record

consists of the documents specifically

referenced in this action, and other

information related to this action,

including any information claimed as

Confidential Business Information (CBI).

This official record includes the

documents that are physically located in

the docket, as well as the documents

that are referenced in those documents.

The public version of the official record

does not include any information

claimed as CBI. The public version of

the official record, which includes

printed, paper versions of any electronic

comments submitted during an

applicable comment period is available

for inspection in the Public Information

and Records Integrity Branch (PIRIB),

Rm. 119, Crystal Mall #2, 1921 Jefferson

Davis Hwy., Arlington, VA, from 8:30

a.m. to 4 p.m., Monday through Friday,

excluding legal holidays. The PIRIB

telephone number is (703) 305–5805.

II. Background and Statutory Findings

In the Federal Register of December

16, 1999 (64 FR 70255) (FRL–6393–4),

EPA issued a notice pursuant to section

408 of the Federal Food, Drug, and

Cosmetic Act (FFDCA), 21 U.S.C.

346a(e), as amended by the Food

Quality Protection Act (FQPA) (Public

Law 104–170) announcing the filing of

a pesticide tolerance petition by Agtrol

International, 7322 Southwest Freeway,

Suite 1400, Houston, TX 77074. This

notice included a summary of the

petition prepared by the petitioner

Agtrol International.

EPA received a comment from

Aventis CropScience that requested EPA

deny the waiver for residue chemistry

data requirements for phosphorous acid.

Aventis claims that phosphorous acid

does not degrade rapidly in the

environment, and that significant

residues of phosphorous acid are

expected to be found in or on raw

agricultural commodities treated with

products containing the active

ingredient phosphorous acid. These

residues of phosphorous acid according

to Aventis, in or on food crops, cannot

be considered to be negligible. EPA

reviewed the data submitted by Aventis

and concluded the following:

1. Phosphorous acid and its salts are

important fertilizer compounds and

used in significant quantities in this

country. Tests performed using the

Agtrol product showed an LD50 of

greater than 5,000 milligrams per

kilogram of bodyweight. Human toxicity

from consumption of crops treated with

phosphorus acid fertilizers would be

well known, if it occurred. The lack of

reported dietary toxicity from

consumption of crops treated with

phosphorous acid fertilizers is further

supporting evidence that use of

phosphorous acid applications as a

fungicide should not result in dietary

toxicity. EPA does not require residue

chemistry data in cases where the

toxicity is so low and the use pattern

will result in exposures much lower

than the highest dose tested without an

effect.

2. The Agency does note that the

information provided by Aventis on the

dissociation of phosphorous acid

actually supports the tolerance

exemption request. Further details on

the dissociation of phosphorous acid at

a pH of 7 indicates that the equilibrium

ratio of acid phosphite ion to

undissolved phosphorous acid is

500,000 to 1, and that the ratio of

phosphite ion to acid phosphite ion is

2 to 1. This indicates the presence of

almost no undissociated phosphorous

acid.

3. Phosphorous is a required

substance in the human body in the

form of phosphates. This and the above

are among the reasons why EPA does

not regulate residues of phosphorous

acid arising from the application of

another pesticide which dissociates to

phosphorous acid and is produced by

Aventis. Also included were

toxicological information provided by

Aventis which proved to EPA there was

no need to monitor the phosphorous

acid residue.

59348 Federal Register / Vol. 65, No. 194 / Thursday, October 5, 2000 / Rules and Regulations

As a result, EPA does not believe

phosphorous acid and its salts should

be denied the exemption from the

requirement of a tolerance because of

the reasons given by Aventis

CropScience.

The petition requested that 40 CFR

part 180 be amended by establishing an

exemption from the requirement of a

tolerance for residues of phosphorous

acid.

III. Risk Assessment

New section 408(c)(2)(A)(i) of the

FFDCA allows EPA to establish an

exemption from the requirement for a

tolerance (the legal limit for a pesticide

chemical residue in or on a food) only

if EPA determines that the tolerance is

‘‘safe.’’ Section 408(c)(2)(A)(ii) defines

‘‘safe’’ to mean that ‘‘there is a

reasonable certainty that no harm will

result from aggregate exposure to the

pesticide chemical residue, including

all anticipated dietary exposures and all

other exposures for which there is

reliable information.’’ This includes

exposure through drinking water and in

residential settings, but does not include

occupational exposure. Section

408(b)(2)(C) requires EPA to give special

consideration to exposure of infants and

children to the pesticide chemical

residue in establishing a tolerance and

to ‘‘ensure that there is a reasonable

certainty that no harm will result to

infants and children from aggregate

exposure to the pesticide chemical

residue....’’ Additionally, section

408(b)(2)(D) requires that the Agency

consider ‘‘available information’’

concerning the cumulative effects of a

particular pesticide’s residues and

‘‘other substances that have a common

mechanism of toxicity.’’

EPA performs a number of analyses to

determine the risks from aggregate

exposure to pesticide residues. First,

EPA determines the toxicity of

pesticides. Second, EPA examines

exposure to the pesticide through food,

drinking water, and through other

exposures that occur as a result of

pesticide use in residential settings.

IV. Toxicological Profile

Consistent with section 408(b)(2)(D)

of FFDCA, EPA has reviewed the

available scientific data and other

relevant information in support of this

action and considered its validity,

completeness, and reliability and the

relationship of this information to

human risk. EPA has also considered

available information concerning the

variability of the sensitivities of major

identifiable subgroups of consumers,

including infants and children.

1. Acute toxicity. Phosphorous acid is

of high acute toxicity through the oral,

dermal, and inhalation routes of

exposure. Phosphorous acid is corrosive

to eyes and skin. However, results of

studies conducted on Agri-Phostrol

Agricultural Fungicide, the end-use

product for which Agtrol International

has applied for registration, demonstrate

that this product has a low order of

toxicity. The acute oral LD50 in the rat

was greater than 5,000 milligrams per

kilograms of bodyweight. The acute

dermal LD50 in the rat was greater than

5,000 milligrams per kilogram of

bodyweight. The acute inhalation LC50

in the rat was greater than 2.06

milligrams per liter. The product was

found slightly irritating to the skin of

guinea pigs and produced irritation to

the eyes of rabbits that cleared within 48

hours. The product was not positive in

guinea pigs for skin sensitization.

2. Developmental/reproductive

effects, chronic effects and

carcinogenicity. There is adequate

information available from literature

sources to characterize the toxicity of

phosphorous acid. Phosphorous acid

can affect human health through

inhalation of mist, ingestion, and

contact with the skin and eyes. It will

cause corrosive effects (burns or

irreversible damage) to the eyes, skin,

throat, digestive tract, upper respiratory

tract and nose. Signs of overexposure to

this chemical are severe burning of eyes

and skin, possible nausea and vomiting,

coughing, burning and tightness of the

chest and shortness of breath. Based on

corrosiveness and the current use

patterns for the mineral acids, EPA did

not require these studies as part of the

Reregistration Eligibility Decision (RED)

on the Mineral Acids (EPA 738–R–029;

December 1993).

V. Aggregate Exposures

In examining aggregate exposure,

FFDCA section 408 directs EPA to

consider available information

concerning exposures from the pesticide

residue in food and all other nonoccupational exposures, including

drinking water from ground water or

surface water and exposure through

pesticide use in gardens, lawns, or

buildings (residential and other indoor

uses).

1. Dietary exposure. No dietary

exposure is expected. When

phosphorous acid is applied to growing

crops in the environment, it rapidly

dissociates to form hydrogen and

phosphite ions.

2. Drinking water exposure. No

significant exposure is expected to

result from phosphorous acid because it

is likely to be degraded in the terrestrial

and aquatic environments to hydrogen

and phosphite ions. The effects on

humans resulting from anticipated

concentrations to these ions due to

agricultural uses will be moderated by

natural means. Moreover, there is no

potential for either ion to be

significantly accumulated by the biota.

Phosphorous acid is not regulated under

the Safe Drinking Water Act; therefore,

no maximum contaminant level (MCL)

has been established for it.

3. Other non-occupational exposure.

The primary non-pesticidal uses of

phosphorous acid are industrial in

closed production systems. There are no

residential, indoor, school or day care

uses proposed for this product. The

proposed use pattern is for agricultural

food crops. Therefore, there is no

potential for non-occupational exposure

to the general population.

Dermal inhalation exposures are

expected to be minimal to applicators

because of the label mitigating language.

VI. Cumulative Effects

Agri-Phostrol Agricultural Fungicide

may share a common metabolic

mechanism with other salts of

phosphorous acid (such as calcium);

however, due to the lack of toxicity of

Agri-Phostrol Agricultural Fungicide

and lack of reported dietary toxicity

associated with the use of phosphorous

fertilizers on crops, no cumulative effect

from the use of Agri-Phostrol

Agricultural Fungicide is expected.

VII. Determination of Safety for U.S.

Population, Infants and Children

1. U.S. general population. Aggregate

exposure to phosphorous acid is

expected to be minimal. There is very

little potential for exposure to

phosphorous acid in drinking water and

from non-dietary, non-occupational

exposures. This chemical will be

applied to agricultural food crops by

commercial applicators. Once released

into the environment, the chemical

rapidly dissociates to form hydrogen

and phosphite ions. The hydrogen ions

affect pH, but this is moderated by

natural means. Many phosphite salts are

generally recognized as safe (GRAS).

Therefore, the health risk to humans is

negligible based on the low toxicity of

these ions and a low application rate for

the active ingredient, and one can

conclude that there is a reasonable

certainty that no harm will result from

aggregate exposure to phosphorous acid.

2. Infants and children. Aggregate

exposure to phosphorous acid is

expected to be minimal. There is very

little potential for exposure to

phosphorous acid in drinking water and

from non-dietary, non-occupational

Federal Register / Vol. 65, No. 194 / Thursday, October 5, 2000 / Rules and Regulations 59349

exposures. This chemical will be

applied to agricultural food crops. Once

released into the environment, the

chemical rapidly dissociates to form

hydrogen and phosphite ions. The

hydrogen ions affect pH, but this is

moderated by natural means. Many

phosphite salts are ‘‘GRAS.’’ Therefore,

the health risk to humans is negligible

based on the low toxicity of PhostrolTM

Agricultural Fungicide and these ions

and a low application rate for the active

ingredient. One can conclude that there

is a reasonable certainty that no harm

will result to infants and children from

aggregate exposure to phosphorous acid

residues.

VIII. Other Considerations

Phosphorous acid and its salts are

rapidly dissociated in the environment

to yield hydrogen and phosphite ions.

Release of hydrogen ions will increase

the pH of the plant’s surface, which will

be moderated by the amount of

neutralizing ions present, the buffering

capacity, and the amount of dilution

possible. Phosphite ions are available

for uptake by plants usually in the form

of ammonium, calcium, and potassium

and sodium phosphites (phosphite

salts).

A. Endocrine Disruption

Phosphorous acid does not belong to

a class of chemicals known or suspected

of having adverse effects on the

endocrine system. Further, Agtrol

International is not aware of any

evidence that phosphorous acid has any

effect on endocrine function. Last, there

is no evidence that phosphorous acid

bioaccumulates in the environment.

B. Analytical Method

Agtrol International has not submitted

a practical analytical method for the

detection and measurement of pesticide

chemical residues. Phosphorous acid

per se is not expected to be found in or

on raw agricultural commodities,

because once this chemical is released

into the environment it dissociates

rapidly to form the less toxic

compounds, hydrogen and phosphite

ions.

C. Codex Maximum Residue Level

No maximum residue levels (MRLs)

have been established for phosphorous

acid by the Codex Alimentarius

Commission (CODEX).

IX. Objections and Hearing Requests

Under section 408(g) of the FFDCA, as

amended by the FQPA, any person may

file an objection to any aspect of this

regulation and may also request a

hearing on those objections. The EPA

procedural regulations which govern the

submission of objections and requests

for hearings appear in 40 CFR part 178.

Although the procedures in those

regulations require some modification to

reflect the amendments made to the

FFDCA by the FQPA of 1996, EPA will

continue to use those procedures, with

appropriate adjustments, until the

necessary modifications can be made.

The new 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 FFDCA sections 408 and 409.

However, the period for filing objections

is now 60 days, rather than 30 days.

A. What Do I Need to Do to File an

Objection or Request a Hearing?

You must file your objection or

request a hearing on this regulation in

accordance with the instructions

provided in this unit and in 40 CFR part

178. To ensure proper receipt by EPA,

you must identify docket control

number OPP–301030 in the subject line

on the first page of your submission. All

requests must be in writing, and must be

mailed or delivered to the Hearing Clerk

on or before December 4, 2000.

1. Filing the request. Your objection

must specify the specific provisions in

the regulation that you object to, and the

grounds for the objections (40 CFR

178.25). If a hearing is requested, the

objections must include a statement of

the factual issues(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). 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.

Mail your written request to: Office of

the Hearing Clerk (1900), Environmental

Protection Agency, 1200 Pennsylvania

Ave., NW., Washington, DC 20460. You

may also deliver your request to the

Office of the Hearing Clerk in Rm. C400,

Waterside Mall, 401 M St., SW.,

Washington, DC 20460. The Office of

the Hearing Clerk is open from 8 a.m.

to 4 p.m., Monday through Friday,

excluding legal holidays. The telephone

number for the Office of the Hearing

Clerk is (202) 260–4865.

2. Tolerance fee payment. If you file

an objection or request a hearing, you

must also pay the fee prescribed by 40

CFR 180.33(i) or request a waiver of that

fee pursuant to 40 CFR 180.33(m). You

must mail the fee to: EPA Headquarters

Accounting Operations Branch, Office

of Pesticide Programs, P.O. Box

360277M, Pittsburgh, PA 15251. Please

identify the fee submission by labeling

it ‘‘Tolerance Petition Fees.’’

EPA is authorized to waive any fee

requirement ‘‘when in the judgement of

the Administrator such a waiver or

refund is equitable and not contrary to

the purpose of this subsection.’’ For

additional information regarding the

waiver of these fees, you may contact

James Tompkins by phone at (703) 305–

5697, by e-mail at

tompkins.jim@epa.gov, or by mailing a

request for information to Mr. Tompkins

at Registration Division (7505C), Office

of Pesticide Programs, Environmental

Protection Agency, 1200 Pennsylvania

Ave., NW., Washington, DC 20460.

If you would like to request a waiver

of the tolerance objection fees, you must

mail your request for such a waiver to:

James Hollins, Information Resources

and Services Division (7502C), Office of

Pesticide Programs, Environmental

Protection Agency, 1200 Pennsylvania

Ave., NW., Washington, DC 20460.

3. Copies for the Docket. In addition

to filing an objection or hearing request

with the Hearing Clerk as described in

Unit IX.A., you should also send a copy

of your request to the PIRIB for its

inclusion in the official record that is

described in Unit I.B.2. Mail your

copies, identified by docket number

OPP–301030, to: Public Information and

Records Integrity Branch, Information

Resources and Services Division

(7502C), Office of Pesticide Programs,

Environmental Protection Agency, 1200

Pennsylvania Ave., NW., Washington,

DC 20460. In person or by courier, bring

a copy to the location of the PIRIB

described in Unit I.B.2. You may also

send an electronic copy of your request

via e-mail to: opp-docket@epa.gov.

Please use an ASCII file format and

avoid 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 6.1/8.0 file format or

ASCII file format. Do not include any

CBI in your electronic copy. You may

also submit an electronic copy of your

request at many Federal Depository

Libraries.

B. When Will the Agency Grant a

Request for a Hearing?

A request for a hearing will be granted

if the Administrator determines that the

59350 Federal Register / Vol. 65, No. 194 / Thursday, October 5, 2000 / Rules and Regulations

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

issues(s) in the manner sought by the

requestor would be adequate to justify

the action requested (40 CFR 178.32).

X. Regulatory Assessment

Requirements

This final rule establishes an

exemption from the tolerance

requirement under FFDCA section

408(d) in response to a petition

submitted to the Agency. 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)

(Public Law 104–4). Nor does it require

any prior consultation as specified by

Executive Order 13084, entitled

Consultation and Coordination with

Indian Tribal Governments (63 FR

27655, May 19, 1998); 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 or any

Agency action under Executive Order

13045, entitled Protection of Children

from Environmental Health Risks and

Safety Risks (62 FR 19885, April 23,

1997). This action does not involve any

technical standards that would require

Agency consideration of voluntary

consensus standards pursuant to section

12(d) of the National Technology

Transfer and Advancement Act of 1995

(NTTAA), Public Law 104–113, section

12(d) (15 U.S.C. 272 note). Since

tolerances and exemptions that are

established on the basis of a petition

under FFDCA section 408(d), such as

the tolerance exemption 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. In

addition, the Agency has determined

that this action will not have a

substantial direct effect on States, on the

relationship between the national

government and the States, or on the

distribution of power and

responsibilities among the various

levels of government, as specified in

Executive Order 13132, entitled

Federalism (64 FR 43255, August 10,

1999). Executive Order 13132 requires

EPA to develop an accountable process

to ensure ‘‘meaningful and timely input

by State and local officials in the

development of regulatory policies that

have federalism implications.’’ ‘‘Policies

that have federalism implications’’ is

defined in the Executive Order to

include regulations that have

‘‘substantial direct effects on the States,

on the relationship between the national

government and the States, or on the

distribution of power and

responsibilities among the various

levels of government.’’ This final rule

directly regulates growers, food

processors, food handlers and food

retailers, not States. This action does not

alter the relationships or distribution of

power and responsibilities established

by Congress in the preemption

provisions of FFDCA section 408(n)(4).

XI. Submission to Congress and the

Comptroller General

The Congressional Review Act, 5

U.S.C. 801 et seq., as added by the Small

Business Regulatory Enforcement

Fairness Act of 1996, generally provides

that before a rule may take effect, the

agency promulgating the rule must

submit a rule report, which includes a

copy of the rule, to each House of the

Congress and to the Comptroller General

of the United States. EPA will submit 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 United

States prior to publication of this final

rule in the Federal Register. This final

rule 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: September 27, 2000.

Susan B. Hazen,

Acting Director, 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. 321(q), 346(a) and

371.

2. Section 180.1210 is added to

subpart D to read as follows:

§ 180.1210 Phosphorous acid, exemption

from the requirement of a tolerance.

An exemption from the requirement

of a tolerance is established for residues

of phosphorous acid and its ammonium,

sodium and potassium salts in or on all

food commodities when used as an

agricultural fungicide on food crops.

[FR Doc. 00–25598 Filed 10–4–00; 8:45 am]

BILLING CODE 6560–50–F

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Parts 1, 2, 87 and 101

[FCC 00–272; WT Docket No. 99–327]

24 GHz Service; Licensing and

Operation

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: This document adds and

amends regulations governing the

licensing and operation of the 24.25–

24.45 GHz and 25.05–25.25 GHz bands.

In addition, the Commission adopts

competitive bidding rules to select

among mutually exclusive applicants

for licenses in these bands. We expect

such amendments to promote the

effective use of the 24 GHz band and to

accommodate deployment of point-topoint, point-to-multipoint, and

multipoint-to-multipoint fixed wireless

technology at 24 GHz.

DATES: Effective December 4, 2000,

except for §§ 101.527 and 101.529,

which contain information collection

requirements that have not been

approved by the Office of Management

and Budget. The Commission will

publish a document in the Federal

Register announcing the effective date

of those sections. Public comments on

the information collections contained in

the Report and Order are due November

6, 2000.

ADDRESSES: Federal Communications

Commission, 445 12th Street, SW.,

Room 4–C207, Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT:

Michael Pollak, Shellie Blakeney or

Paul Moon of the Policy and Rules

Branch, Public Safety and Private

Wireless Division, Wireless

Telecommunications Bureau, (202) 418–

0680, or Nese Guendelsberger of the

Auctions and Industry Analysis

Division, Wireless Telecommunications

Bureau, (202) 418–0660.