26472 Federal Register / Vol. 63, No. 92 /Wednesday, May 13, 1998 /Rules and Regulations

In addition, since these tolerances and

exemptions that are established under

FFDCA section 408 (l)(6), such as the

time-limited tolerances 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.

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.

X. Submission to Congress and the

General Accounting Office

Under 5 U.S.C. 801(a)(1)(A), as added

by the Small Business Regulatory

Enforcement Fairness Act of 1996, the

Agency has 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 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: April 27, 1998.

James Jones,

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. In § 180.510, in paragraph (b) by

alphabetically adding the following

commodities to the table to read as

follows:

§ 180.510 Pyriproxyfen; tolerances for

residues.

* * * * *

(b) * * *

Commodity Parts per

million

Expiration/revocation

date

Citrus fruit ................ 0.3 7/31/99

Citrus juice ............... 1.0 7/31/99

Citrus oil .................. 300 7/31/99

Citrus pulp, dried ..... 1.0 7/31/99

* * *

* * *

*

Pears ....................... 0.2 7/31/99

Tomatoes ................. 0.1 7/31/99

* * * *

*

[FR Doc. 98–12426 Filed 5–12–98; 8:45 am]

BILLING CODE 6560–50–F

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 180

[OPP–300636A; FRL–5787–6]

RIN 2070–AB78

N-(4-fluorophenyl)-N-(1-methylethyl)-2-

[[5-(trifluoromethyl)-1,3,4-thiadiazol-2-

yl]oxy]acetamide; Time-Limited

Pesticide Tolerance, Correction

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule; correction.

SUMMARY: EPA is correcting the timelimited tolerance levels for the

combined residues of the herbicide N-

(4-fluorophenyl)-N-(1-methylethyl)-2-

[[5-(trifluoromethyl)-1,3,4-thiadiazol-2-

yl]oxy]acetamide and its metabolites

containing the 4-fluoro-N-methylethyl

benzenamine moiety in or on corn,

field, grain; corn, field, forage; corn,

field, stover, and soybean seed.

DATES: This correction is effective on

April 10, 1998.

FOR FURTHER INFORMATION CONTACT: By

mail: James A. Tompkins, 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: Crystal

Mall #2, 1921 Jefferson Davis Hwy.,

Arlington, VA, (703) 305–5697, e-mail:

tompkins.jim@epamail.epa.gov.

SUPPLEMENTARY INFORMATION: In the

Federal Register of April 10, 1998 (63

FR 17692)(5782–9), EPA issued a

regulation establishing time-limited

pesticide tolerances under section 408

of the Federal Food, Drug, and Cosmetic

Act (FFDCA), 21 U.S.C. 346a(e) for

residues of N-(4-fluorophenyl)-N-(1-

methylethyl)-2-[[5-(trifluoromethyl)-

1,3,4-thiadiazol-2-yl]oxy]acetamide on

‘‘corn, field, forage,’’ and ‘‘corn, field,

grain’’ corn, field, stover, and soybean

seed (40 CFR 180.527). Inadvertently,

the tolerance levels for corn, field, grain

and corn, field, forage were transposed.

This document corrects the tolerance

levels by correcting § 180.527.

I. Regulatory Assessment Requirements

This final rule does not impose any

requirements. It only implements a

technical correction to the Code of

Federal Regulations (CFR). As such, this

action does not require review by the

Office of Management and Budget

(OMB) under Executive Order 12866,

entitled Regulatory Planning and

Review (58 FR 51735, October 4, 1993),

the Paperwork Reduction Act (PRA), 44

U.S.C. 3501 et seq., or Executive Order

13045, entitled Protection of Children

from Environmental Health Risks and

Safety Risks (62 FR 19885, April 23,

1997). For the same reason, it does not

require any action under Title II of the

Unfunded Mandates Reform Act of 1995

(UMRA) (Pub. L. 104–4), Executive

Order 12875, entitled Enhancing the

Intergovernmental Partnership (58 FR

58093, October 28, 1993), or Executive

Order 12898, entitled Federal Actions to

Address Environmental Justice in

Minority Populations and Low-Income

Populations (59 FR 7629, February 16,

1994). In addition, since this type of

action does not require any proposal, no

action is needed under the Regulatory

Flexibility Act (RFA) (5 U.S.C. 601 et

seq.).

II. Submission to Congress and the

General Accounting Office

Under 5 U.S.C. 801(a)(1)(A), as added

by the Small Business Regulatory

Enforcement Fairness Act of 1996, the

Agency has 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 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.
Federal Register / Vol. 63, No. 92 /Wednesday, May 13, 1998 /Rules and Regulations 26473

Dated: April 29, 1998

Peter Caulkins,

Acting Director, Registration Division, Office

of Pesticide Programs.

Therefore, 40 CFR chapter I is

corrected as follows:

PART 180—[CORRECTED]

1. The authority citation for part 180

continues to read as follows:

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

2. By correcting § 180.527, to read as

follows:

§ 180.527 N-(4-fluorophenyl)-N-(1-

methylethyl)-2-[[5-(trifluoromethyl)-1,3,4-

thiadiazol-2-yl]oxy]acetamide; tolerances

for residues.

(a) General. (1) Time-limited

tolerances are established for combined

residues of the herbicide, N-(4-

fluorophenyl)-N-(1-methylethyl)-2-[[5-

(trifluoromethyl)-1,3,4-thiadiazol-2-

yl]oxy]acetamide and its metabolites

containing the 4-fluoro-N-methylethyl

benzenamine moiety in or on the

following raw agricultural commodities:

CommodityParts per

million

Expiration/Revocation Date

Corn, field,

forage .. 0.4 4/30/03

Corn, field,

grain ..... 0.05 4/30/03

Corn, field,

stover ... 0.4 4/30/03

Soybean

seed ..... 0.1 4/30/03

(2) Residues in these commodities not

in excess of the established tolerance

resulting from the use described in

paragraph (a) of this section remaining

after expiration of the time-limited

tolerance will not be considered to be

actionable if the herbicide is applied

during the term of and in accordance

with the provisions of the above

regulation.

(b) Section 18 emergency exemptions.

[Reserved]

(c) Tolerances with regional

registrations. [Reserved]

(d) Indirect or inadvertent residues.

[Reserved]

[FR Doc. 98–12490 Filed 5–12–98; 8:45 am]

BILLING CODE 6560–50–F

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 180

[OPP–300661; FRL–5790–8]

RIN 2070–AB78

Bromoxynil; Pesticide Tolerance

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This regulation establishes

tolerances for bromoxynil and DBHA in

or on cotton. In addition, this regulation

establishes tolerances for bromoxynil

and DBHA in or on meat, meat by

products, and fat of cattle, hogs, horses,

goats, and sheep. Further, this

regulation establishes tolerances for

bromoxynil and DBHA in milk, eggs,

and poultry meat, meat by-products,

and fat. Rhone-Poulenc Ag Company

requested the tolerances for cotton

under the Federal Food, Drug, and

Cosmetic Act, as amended by the Food

Quality Protection Act of 1996 (Pub. L.

104-170).

DATES: This regulation is effective May

13, 1998. Objections and requests for

hearings must be received by EPA on or

before July 13, 1998.

ADDRESSES: Written objections and

hearing requests, identified by the

docket control number, [OPP–300661],

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–

300661], 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, CM #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. Copies of

objections and hearing requests must be

submitted as an ASCII file avoiding the

use of special characters and any form

of encryption. Copies of objections and

hearing requests will also be accepted

on disks in WordPerfect 5.1/6.1 file

format or ASCII file format. All copies

of objections and hearing requests in

electronic form must be identified by

the docket control number [OPP–

300661]. No Confidential Business

Information (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.

FOR FURTHER INFORMATION CONTACT: By

mail: Jim Tompkins, 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: Crystal

Mall #2, 1921 Jefferson Davis Hwy.,

Arlington, VA, 703-305-5697, e-mail:

tompkins.jim@epamail.epa.gov.

SUPPLEMENTARY INFORMATION: In the

Federal Register of November 26, 1997

(62 FR 63170) (FRL–5755–6), EPA,

issued a notice pursuant to section 408

of the Federal Food, Drug, and Cosmetic

Act (FFDCA), 21 U.S.C. 346a(e)

announcing the filing of a pesticide

petition (PP) 3F4233 for tolerance by

Rhone-Poulenc Ag Company. This

notice included a summary of the

petition prepared by Rhone-Poulenc Ag

Company, the registrant. Comments in

response to the notice of filing were

received from public interest groups,

individual concerned citizens,

agricultural extension agents,

representatives of State agencies,

individual growers, and industry

groups. The issues raised were the same

issues raised in response to the

proposed rule (May 2, 1997, 62 FR

24065) (FRL–5617–5) for the

bromoxynil tolerance that expired on

January 1, 1998. Many of the comments

are addressed in this document.

Responses to other significant

comments are presented in Unit III. of

the final rule for last year’s tolerance

(June 18, 1997, 62 FR 33019) (FRL–

5724–9) or in a Response to Comments

document that has been included in the

docket for that action.

The petition requested that 40 CFR

180.324 be amended by establishing

tolerances for residues of the herbicide

bromoxynil plus its metabolite DBHA

(3,5-dibromo-4-hydroxybenzoic acid)

resulting from the application of

octanoic and heptanoic acid esters of

bromoxynil to cotton: undelinted

cottonseed at 7 parts per million (ppm),

cotton gin byproducts at 50 ppm, and

cotton hulls at 21 ppm. (Active

ingredient codes are 35302 for the

octanoic acid ester, and 128920 for the

heptanoic acid ester. CAS Reg. Nos. are