15620 Federal Register / Vol. 62, No. 63 / Wednesday, April 2, 1997 / Rules and Regulations

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

Confidential Business Information (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.

VIII. Public Docket

A record has been established for this

rulemaking under docket number [OPP–

300464]. A public version of this record,

which does not include any information

claimed as CBI, is available for

inspection from 8:30 a.m. to 4 p.m.,

Monday through Friday, excluding legal

holidays. The public record is located in

Room 1132 of the Public Response and

Program Resources Branch, Field

Operations Division (7506C), Office of

Pesticide Programs, Environmental

Protection Agency, Crystal Mall #2,

1921 Jefferson Davis Highway,

Arlington, VA.

The official record for this

rulemaking, as well as the public

version, as described above, is kept in

paper form. Accordingly, in the event

there are objections and hearing

requests, 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. The official rulemaking record is

the paper record maintained at the

address in ‘‘ADDRESSES’’ at the

beginning of this document.

IX. Regulatory Assessment

Requirements

Under Executive Order 12866 (58 FR

51735, October 4, 1993), this action is

not ‘‘a significant regulatory action’’

and, since this action does not impose

any information collection requirements

as defined by the Paperwork Reduction

Act, 44 U.S.C. 3501 et seq., it is not

subject to review by the Office of

Management and Budget.

This action does not impose any

enforceable duty, or contain any

‘‘unfunded mandates’’ as described in

Title II of the Unfunded Mandates

Reform Act of 1995 (Pub. L. 104-4), or

require prior consultation as specified

by Executive Order 12875 (58 FR 58093,

October 28, 1993), entitled Enhancing

the Intergovernmental Partnership, or

special consideration as required by

Executive Order 12898 (59 FR 7629,

February 16, 1994).

Because FFDCA section 408(l)(6)

permits establishment of this regulation

without a notice of proposed

rulemaking, the regulatory flexibility

analysis requirements of the Regulatory

Flexibility Act, 5 U.S.C. 604(a), do not

apply. Nonetheless, the Agency has

previously assessed whether

establishing tolerances or exemptions

from tolerances, raising tolerance levels,

or expanding exemptions adversely

impact small entities and concluded, as

a generic matter, that there is no adverse

impact (46 FR 24950, May 4, 1981).

Under 5 U.S.C. 801(a)(1)(A) of the

Administrative Procedure Act (APA) as

amended by the Small Business

Regulatory Enforcement Fairness Act of

1996 (Title II of Pub. L. 104-121, 110

Stat. 847), EPA 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 rule is not a ‘‘major rule’’ as

defined by 5 U.S.C. 804(2) of the APA

as amended.

List of Subjects in 40 CFR Part 180

Environmental protection,

Administrative practice and procedure,

Agricultural commodities, Pesticides

and pests, Reporting and recordkeeping

requirements.

Dated: March 17, 1997.

Stephen L. Johnson,

Director, Registration Division, Office of

Pesticide Programs.

Therefore, 40 CFR Chapter I is

amended as follows:

PART 180—[AMENDED]

1. The authority citation for part 180

continues to read as follows:

Authority: 21 U.S.C. 346a and 371.

2. By adding § 180.499 to read as

follows:

§ 180.499 Propamocarb hydrochloride,

tolerances for residues.

Time-limited tolerances are

established for residues of the fungicide

propamocarb hydrochloride in

connection with use of the pesticide

under section 18 emergency exemptions

granted by EPA. The tolerances are

specified in the following table. The

tolerances expire and will be revoked on

the date specified in the table by EPA.

Commodity

Parts

per

million

Expiration/

Revocation

Date

Potatoes 0.5 March 15,

1999

Cattle, fat 0.1 March 15,

1999

Cattle, meat 0.1 March 15,

1999

Cattle, mbyp (except

kidney and liver)

0.1 March 15,

1999

Goats, fat 0.1 March 15,

1999

Goats, meat 0.1 March 15,

1999

Goats, mbyp (except

kidney and liver)

0.1 March 15,

1999

Hogs, fat 0.1 March 15,

1999

Hogs, meat 0.1 March 15,

1999

Hogs, mbyp (except

kidney and liver)

0.1 March 15,

1999

Horse, fat 0.1 March 15,

1999

Horse, meat 0.1 March 15,

1999

Horse, mbyp (except

kidney and liver)

0.1 March 15,

1999

Sheep, fat 0.1 March 15,

1999

Sheep, meat 0.1 March 15,

1999

Sheep, mbyp (except

kidney and liver)

0.1 March 15,

1999

Milk 0.1 March 15,

1999

[FR Doc. 97–8387 Filed 4–1–97; 8:45 am]

BILLING CODE 6560–50–F

DEPARTMENT OF TRANSPORTATION

Office of the Secretary

49 CFR Part 29

RIN 2105–AC25

Nonprocurement Debarment and

Suspension

ACTION: Final rule.

DATES: This document is effective April

2, 1997.

FOR FURTHER INFORMATION CONTACT: Paul

B. Larsen, Office of the General Counsel,

C–10, Room 10102, (202) 366–9161,

Department of Transportation, 400

Seventh Street, SW., Washington, DC

20590.

SUPPLEMENTARY INFORMATION:

Background

On June 26, 1995 the Department of

Transportation joined in the

governmentwide common rule on
Federal Register / Vol. 62, No. 63 / Wednesday, April 2, 1997 / Rules and Regulations 15621

debarment and suspension

(nonprocurement) and requirements for

a drug-free workplace, 60 FR 33036. The

Department issued an interim final rule

at that time. The rule is codified at Part

29 of Title 49 of the Code of Federal

Regulations.

The Department held a one month

comment period on the interim final

rule. The comment period is now closed

and we received no comment.

Consequently, the rule will remain in

effect without change.

List of Subjects in 49 CFR Part 29

Administrative practice and

procedure, Contract programs, Drug

abuse, Grant programs, Loan programs,

Reporting and record keeping

requirements.

Dated: March 27, 1997.

Melissa Spillenkothen,

Assistant Secretary for Administration, U.S.

Department of Transportation.

[FR Doc. 97–8405 Filed 4–1–97; 8:45 am]

BILLING CODE 4910–62–P