19408 Federal Register / Vol. 63, No. 75 / Monday, April 20, 1998 /Rules and Regulations

permanent classifications and

discounts.

DATES: Effective April 28, 1998.

FOR FURTHER INFORMATION CONTACT: Paul

H. Lettmann, (202) 268–6261 or Susan

Duchek, (202) 268–2990.

SUPPLEMENTARY INFORMATION: The

Domestic Mail Classification Schedule

(DMCS) provisions establishing the

experimental classifications,

recommended by the Postal Rate

Commission and approved by the

Governors of the Postal Service in

March and April 1996, respectively,

state that the Experimental First-Class

and Priority Mail Small Parcel

Automation Rate Category expires on

April 28, 1998. The Postal Service has

determined to publish this notice to

ensure that all interested parties are

afforded the opportunity of receiving

advance notice of the experiment

expiration, as well as to allow

participating customers time during

which they might make any necessary

modifications in their mailing

operations or practices before the

experiment ends.

The experiment had three basic

objectives: to determine the feasibility

and practicality of offering an

automation discount for First-Class Mail

and Priority Mail parcels; to gauge

mailer interest and acceptance; and to

confirm that the integration of barcode

scanners on parcel sorters provides

significant productivity enhancements

in the processing of small parcels with

barcodes versus keying of the same or

similar pieces. During the experiment,

participants were granted a four-cent

per-piece discount on properly prepared

First-Class Mail and Priority Mail

prebarcoded small parcels at three test

sites equipped with barcode-reading

small parcel and bundle sorters. The

Postal Service decision not to proceed

further is based on the fact that data

collected during the experiment

indicated that cost savings resulting

from the prebarcoding of parcels were

insufficient to support the four-cent per

piece discount, thus placing the Postal

Service in a position of being unable to

offer a discount that might prove

attractive to small parcel mailers in

general. Moreover, the level of customer

interest in the experiment was

disappointing throughout. Even with

the four-cent per piece discount, only

four customers chose to join with the

Postal Service in the experiment. Two of

these decided to cease their mailings

prior to the April 28, 1998, expiration

date.

List of Subjects in 39 CFR Part 111

Postal Service.

For the reasons discussed above, the

Postal Service hereby adopts the

following amendment to the Domestic

Mail Manual, which is incorporated by

reference in the Code of Federal

Regulations (see 39 CFR part 111).

PART 111—[AMENDED]

1. The authority citation for 39 CFR

part 111 continues to read as follows:

Authority: 5 U.S.C. 552 (a); 39 U.S.C 101,

401, 403, 404, 3001–3011, 3201–3219, 3403–

3406, 3621, 3626, 5001.

2. Revise G090 of the Domestic Mail

Manual as set forth below:

G GENERAL INFORMATION

G090 Experimental Classifications

and Rates

[Delete G091 in its entirety effective

April 28, 1998.]

G091 Barcoded Small Parcels

* * * * *

An appropriate amendment to 39 CFR

11.3 will be published to reflect these

changes.

Stanley F. Mires,

Chief Counsel, Legislative.

[FR Doc. 98–10289 Filed 4–15–98; 8:52 am]

BILLING CODE 7710–12–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 180

[OPP–300637; FRL–5783–5]

RIN 2070–AB78

Propiconazole; Extension of Tolerance

for Emergency Exemptions

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

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

fungicide propiconazole and its

metabolites in or on cranberry at 1.0

part per million (ppm) for an additional

1–year period, to July 31, 1999. 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

cranberry. Section 408(l)(6) of the

Federal Food, Drug, and Cosmetic Act

(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.

DATES: This regulation becomes

effective April 20, 1998. Objections and

requests for hearings must be received

by EPA, on or before June 19, 1998.

ADDRESSES: Written objections and

hearing requests, identified by the

docket control number, OPP–300637,

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–

300637], 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. 119, 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: Daniel J. Rosenblatt, 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,

CM #2, 1921 Jefferson Davis Hwy.,

Arlington, VA 22202, (703) 308–9375; email: rosenblatt.dan@epamail.epa.gov.

SUPPLEMENTARY INFORMATION: EPA

issued a final rule, published in the

Federal Register of April 11 1997, (62

FR 17710) (FRL–5600–5), which

announced that on its own initiative

and under section 408(e) of the FFDCA,

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

established a time-limited tolerance for

the residues of propiconazole (1–[[2–

(2,4-dichlorophenyl)-4-propyl-1, 3-

dioxolan-2-yl]methyl]-1H–1,2,4-triazole)

and its metabolites in or on cranberry at

41.0 parts per million (ppm), with an

expiration date of July 31, 1998. The

tolerance level was corrected to be 1.0
Federal Register / Vol. 63, No. 75 / Monday, April 20, 1998 /Rules and Regulations 19409

ppm in the Federal Register of May 2,

1997, (62 FR 24045) (FRL–5714–5). 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 propiconazole on cranberry for

this year’s growing season due to the

fact that there are no alternative growing

practices or pesticides available to

growers for the control a fungal problem

on cranberries known as cotton ball

disease. After having reviewed the

submission, EPA concurs that

emergency conditions exist. EPA has

authorized under FIFRA section 18 the

use of propiconazole on cranberry for

control of cotton ball disease in

Wisconsin during the growing season in

1998.

EPA assessed the potential risks

presented by residues of propiconazole

in or on cranberry. In doing so, EPA

considered the new safety standard in

FFDCA section 408(b)(2), and decided

that the necessary tolerance under

FFDCA section 408(l)(6) would be

consistent with the new safety standard

and with FIFRA section 18. The data

and other relevant material have been

evaluated and discussed in the final rule

of April 11, 1997 (62 FR 17710). 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). Therefore, the timelimited tolerance is extended for an

additional 1–year period. Although this

tolerance will expire and is revoked on

July 31, 1999, under FFDCA section

408(l)(5), residues of the pesticide not in

excess of the amounts specified in the

tolerance remaining in or on cranberry

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 FFDCA section 408(g)

provides essentially the same process

for persons to ‘‘object’’ to a tolerance

regulation issued by EPA under new

section 408(e) and (l)(6) as was provided

in the old section 408 and in section

409. 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 June 19, 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–300637. 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 that was previously extended

by EPA 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). In addition, 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).
19410 Federal Register / Vol. 63, No. 75 / Monday, April 20, 1998 /Rules and Regulations

Since this extension of an existing

time-limited tolerance does 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

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

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 rule in

the Federal Register. This 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 record keeping

requirements.

Dated: April 9, 1998.

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.

§180.434 [Amended]

2. In §180.434, by amending

paragraph (b) for the commodity

cranberries by changing the date ‘‘7/31/

98’’ to read ‘‘7/31/99’’.

[FR Doc. 98–10394 Filed 4–17–98; 8:45 am]

BILLING CODE 6560–50–F