23390 Federal Register / Vol. 63, No. 82 /Wednesday, April 29, 1998 /Rules and Regulations

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. However, section

808 provides that any rule for which the

issuing agency for good cause finds (and

incorporates the finding and a brief

statement of reasons therefor in the rule)

that notice and public procedure

thereon are impracticable, unnecessary

or contrary to the public interest, shall

take effect at such time as the agency

promulgating the rule determines. 5

U.S.C. 808(2). As stated previously, EPA

has made such a good cause finding,

including the reasons therefore, and

established an effective date of June 15,

1998. 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).

E. Petitions for Judicial Review

Under section 307(b)(1) of the Clean

Air Act, petitions for judicial review of

this action must be filed in the United

States Court of Appeals for the

appropriate circuit by June 29, 1998.

Filing a petition for reconsideration by

the Administrator of this final rule does

not affect the finality of this rule for the

purposes of judicial review nor does it

extend the time within which a petition

for judicial review may be filed, and

shall not postpone the effectiveness of

such rule or action. This action may not

be challenged later in proceedings to

enforce its requirements. (See section

307(b)(2).)

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Carbon monoxide,

Hydrocarbons, Intergovernmental

relations, Ozone, Reporting and

recordkeeping requirements, Sulfur

oxides.

Dated: April 6, 1998.

A. Stanley Meiburg,

Acting Regional Administrator, Region 4.

Part 52 of chapter I, title 40, Code of

Federal Regulations, is amended as

follows:

PART 52—[AMENDED]

1. The authority citation for part 52

continues to read as follows:

Authority: 42 U.S.C. 7401 et seq.

Subpart L—Georgia

2. Section 52.582 is amended by

designating the existing text as

paragraph (a) and adding paragraph (b)

to read as follows:

§ 52.582 Control strategy: Ozone.

* * * * *

(b) On August 29, 1997, Harold F.

Reheis, Director, Georgia Department of

Natural Resources submitted to John

Hankinson, Regional Administrator,

United States Environmental Protection

Agency Region IV, a State

Implementation Plan revision including

the following transportation control

measures.

(1) HOV Lane—This project referred

to as AR 073B is the addition of HOV

lanes on I–85 from Chamblee-Tucker

Road to State Route 316.

(2) Ridershare Program—This project

is referred to as AR–220 and is a lump

sum eligible to all colleges and

universities with the 10 county ARC

region.

(3) Transportation Management

Associations—Referred to as project AR

221 is to set up a ‘‘pot’’ of funds set

aside specially to assist in the

development of transportation

management associations and start-up

ridershare services in the areas that are

considered to be highly congested

throughout the Region.

(4) MARTA Transit Incentives

Program—This project is referred to as

AR–231.

[FR Doc. 98–11378 Filed 4–28–98; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 180

OPP–300641; FRL–5784–7]

RIN 2070–AB78

Tebufenozide; Tolerance Extension for

Emergency Exemptions

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

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

insecticide tebufenozide in or on apples

at 1.0 part per million (ppm); apple

pomace at 2.0 ppm; milk at 0.05 ppm;

cattle, sheep and goat meat at 0.02 ppm,

fat at 0.10, kidney at 0.02 ppm, liver at

1.0 ppm and meat byproducts at 0.10

ppm; and horse meat at 0.02 ppm for an

additional 18 month period, to

December 30, 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 apples. 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.

DATES: This regulation becomes

effective April 29, 1998. Objections and

requests for hearings must be received

by EPA, on or before June 29, 1998.

ADDRESSES: Written objections and

hearing requests, identified by the

docket control number, [OPP–300641],

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–

300641], 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–

300641]. 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: Andrew Ertman, Registration

Division (7505C), Office of Pesticide

Programs, Environmental Protection

Agency, 401 M St., SW., Washington,
Federal Register / Vol. 63, No. 82 /Wednesday, April 29, 1998 /Rules and Regulations 23391

DC 20460. Office location and telephone

number: Rm. 278, CM #2, 1921 Jefferson

Davis Hwy., Arlington, VA 22202, (703)

308–9367; e-mail:

ertman.andrew@epamail.epa.gov.

SUPPLEMENTARY INFORMATION: EPA

issued a final rule, published in the

Federal Register of July 2, 1997 (62 FR

35683) (FRL–5719–9), which announced

that on its own initiative and under

section 408(e) of the Federal Food, Drug,

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

346a(e) and (l)(6), it established a timelimited tolerance for the residues of

tebufenozide and its metabolites in or

on apples at 1.0 part per million (ppm);

apple pomace at 2.0 ppm; milk at 0.05

ppm; cattle sheep and goat meat at 0.02

ppm, fat at 0.10, kidney at 0.02 ppm,

liver at 1.0 ppm and meat byproducts at

0.10 ppm; and horse meat at 0.02 ppm,

with an expiration date of June 30, 1998.

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 tebufenozide on apples for this

year growing season due to the

persistence of the tufted apple budmoth

(TABM) (the primary fruit-feeding pest

of apples in Pennsylvania, West

Virginia, Virginia, Maryland and New

Jersey) and the oblique banded leafroller

(the primary fruit-feeding pest of apples

in New York, Michigan, Ohio and

southern Ontario and Quebec, Canada).

The applicants indicated that TABM

and OBLR are serious, fruit damaging

pests due to their ability to develop

resistance to currently registered

insecticides. Apple growers and

processors are experiencing losses from

these pests due to quality downgrading

and storage deterioration. It is

anticipated that significant economic

losses will occur this year based on the

continuing trend of loss of efficacy of

registered insecticides over the past

several years. After having reviewed the

submission, EPA concurs that

emergency conditions exist for this

state. EPA has authorized under FIFRA

section 18 the use of tebufenozide on

apples for control of the tufted apple

budmoth and the oblique banded

leafroller in Maryland, Michigan, New

Jersey, New York, Pennsylvania,

Virginia, and West Virginia.

EPA assessed the potential risks

presented by residues of tebufenozide in

or on apples; apple pomace; milk; cattle,

sheep, and goat meat, fat, kidney, liver,

and meat byproducts; and horse meat.

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 July

2, 1997 (FRL–5719–9). 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 time-limited

tolerances are extended for an

additional 18 month period. Although

these tolerances will expire and are

revoked on December 30, 1999, under

FFDCA section 408(l)(5), residues of the

pesticide not in excess of the amounts

specified in the tolerances remaining in

or on apples, apple pomace, milk, meat,

meat fat, kidney, liver, and meat

byproducts of cattle, sheep, and goats or

horse meat 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

tolerances. EPA will take action to

revoke these tolerances 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 29, 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
23392 Federal Register / Vol. 63, No. 82 /Wednesday, April 29, 1998 /Rules and Regulations

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–300629. 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 asrequired 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).

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 recordkeeping

requirements.

Dated: April 17, 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 § 180.482, by amending

paragraph (b) by changing the date for

apples; apple pomace; milk; cattle,

meat; cattle, fat; cattle, kidney; cattle,

liver; cattle, meat byproducts; sheep,

meat; sheep, fat; sheep, kidney; sheep,

liver; sheep, meat byproducts; goats,

meat; goats, fat; goats, kidney; goats,

liver; goats, meat byproducts; and

horses, meat from ‘‘6/30/98’’ to read

‘‘12/30/99’’.

[FR Doc. 98–11271 Filed 4–28–98; 8:45 am]

BILLING CODE 6560–50–F

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 180

[OPP–300645; FRL 5786–9]

RIN 2070–AB78

Clopyralid; 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

herbicide clopyralid in or on cranberries

at 2 parts per million (ppm) for an

additional 11⁄2 year period, to January

31, 2000. 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 cranberries. 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 29, 1998. Objections and

requests for hearings must be received

by EPA, on or before June 29, 1998.

ADDRESSES: Written objections and

hearing requests, identified by the

docket control number, [OPP-300645],

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, [OPP300645], 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. 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: Libby Pemberton, 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. 272,