Federal Register / Vol. 63, No. 91 /Tuesday, May 12, 1998 /Rules and Regulations 26097

Monday through Friday, excluding legal

holidays. The public record is located in

Room 119 of the Public Information and

Records Integrity Branch, Information

Resources and Services Division

(7502C), Office of Pesticide Programs,

Environmental Protection Agency,

Crystal Mall #2, 1921 Jefferson Davis

Highway, Arlington, VA.

Electronic comments may be sent

directly to EPA at:

opp-docket@epamail.epa.gov.

Electronic comments must be

submitted as an ASCII file avoiding the

use of special characters and any form

of encryption.

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.

VII. Regulatory Assessment

Requirements

This final rule establishes a tolerance

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) (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).

In addition, since these tolerances and

exemptions that are established on the

basis of a petition under FFDCA section

408(d), such as the tolerance 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 was published on May

4, 1981 (46 FR 24950) and was provided

to the Chief Counsel for Advocacy of the

Small Business Administration.

VIII. 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 the 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 recordkeeping

requirements.

Dated: April 23, 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.

2. Section 180.443, is amended by

adding and alphabetically inserting into

the table of paragraph (a) the commodity

bananas (Post-H) at 4.0 ppm to read as

follows:

§ 180.443 Myclobutanil; tolerances for

residues.

(a) General. * * *

Commodity Parts per million

* * * * *

Bananas (Post-H) ........... 4.0

* * * * *

* * * * *

[FR Doc. 98–12577 Filed 5–11–98; 8:45 am]

BILLING CODE 6560–50–F

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 180

[OPP–300628A; FRL–5785–4]

RIN 2070–AB78

Imidacloprid; Pesticide Tolerance

Correction

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule; correction.

SUMMARY: EPA is correcting the final

rule issued in the Federal Register of

March 25, 1998 (63 FR 14371)(FRL–

5778–3), establishing permanent

tolerances for residues of the insecticide

1-[(6-chloro-3-pyridinyl)methyl]-Nnitro-2-imidazolidinimine and its

metabolites in or on sorghum grain at

0.05 parts per million (ppm), sorghum

forage at 0.10 ppm, and sorghum stover

at 0.10 ppm. Gustafson, Inc. submitted

a petition to EPA under the Federal

Food, Drug and Cosmetic Act (FFDCA),

as amended by the Food Quality

Protection Act of 1996 (Pub. L. 104-170)

requesting these tolerances.

DATES: This correction is effective May

12, 1998.

FOR FURTHER INFORMATION CONTACT: By

mail: Elizabeth T. Haeberer, 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) 308–2891, e-mail:

haeberer.elizabeth@epamail.epa.gov.

SUPPLEMENTARY INFORMATION:

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
26098 Federal Register / Vol. 63, No. 91 /Tuesday, May 12, 1998 /Rules and Regulations

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.

Dated: April 28, 1998.

James Jones,

Director, Registration Division, Office of

Pesticide Programs.

In FR Doc. 98–7646, in the issue of

Wednesday, March 25, 1998 at page

14378 in the third column, amendatory

language item 2 and the amendment to

§ 180.472 are corrected to read as

follows.

2. In § 180.472, the table in paragraph

(a) is amended by revising the entries

for ‘‘sorghum, forage,’’ and ‘‘sorghum,

grain,’’ and adding alphabetically an

entry for ‘‘sorghum, stover,’’ to read as

follows:

§ 180.472 Imidacloprid; tolerances for

residues.

(a) * * *

Commodity Parts per million Expiration/Revocation Date

* * * * * * *

Sorghum, forage ........................................................................................ 0.10 None

Sorghum, grain ........................................................................................... 0.05 None

Sorghum, stover ......................................................................................... 0.10 None

* * * * * * *

* * * * *

[FR Doc. 98–12576 Filed 5–11–98; 8:45 am]

BILLING CODE 6560–50–F