Federal Register / Vol. 63, No. 101 /Wednesday, May 27, 1998 /Rules and Regulations 28909

from review under Executive Order

12866.

F. Executive Order 13045

Protection of Children from

Environmental Health Risks and Safety

Risks. Executive Order 13045 (62 FR

19885, April 23, 1997), applies to any

rule that is (1) likely to be

‘‘economically significant’’ as defined

under Executive Order 12866, and (2)

the Agency has reason to believe that

the environmental health or safety risk

addressed by the rule may have a

disproportionate effect on children. If a

regulatory action meets both criteria, the

Agency must evaluate the

environmental health or safety effects of

the planned rule on children, and

explain why the planned regulation is

preferable to other potentially effective

and reasonably feasible alternatives

considered by the Agency.

This rule is not subject to E.O. 13045,

‘‘Protection of Children from

Environmental Health Risks and Safety

Risks’’ because this is not an

‘‘economically significant’’ regulatory

action as defined by E.O. 12866, and

because it does not involve decisions on

environmental health or safety risks that

may disproportionately affect children.

List of Subjects in 40 CFR Part 63

Environmental protection,

Administrative practice and procedure,

Air pollution control, Hazardous

substances, Intergovernmental relations,

Reporting and recordkeeping

requirements.

Authority: This action is issued under the

authority of section 112 of the Clean Air Act,

as amended, 42 U.S.C. 7412.

Dated: May 4, 1998.

Felicia Marcus,

Regional Administrator, Region IX.

Title 40, chapter I, part 63 of the Code

of Federal Regulations is amended as

follows:

PART 63—[AMENDED]

1. The authority citation for part 63

continues to read as follows:

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

Subpart E—Approval of State

Programs and Delegation of Federal

Authorities

2. Section 63.99 is amended by

adding and reserving paragraphs (a)(6)

through (a)(27), and adding paragraph

(a)(28) to read as follows:

§ 63.99 Delegated Federal authorities.

(a) * * *

(6)–(27) (Reserved)

(28) Nevada.

(i) The following table lists the

specific part 63 standards that have

been delegated unchanged to the air

pollution control agencies in the State of

Nevada. The (X) symbol is used to

indicate each category that has been

delegated.

DELEGATION STATUS FOR PART 63 STANDARDS—NEVADA

Subpart Description NDEP1 WCDHD 2 CCHD 3

A ............ General Provisions ............................................................................................................................... X X

M ............ Perchloroethylene Dry Cleaning .......................................................................................................... X X

N ............ Hard and Decorative Chromium Electroplating and Chromium Anodizing Tanks .............................. X X

O ............ Ethylene Oxide Sterilization Facilities .................................................................................................. .............. X

Q ............ Industrial Process Cooling Towers ...................................................................................................... X

R ............ Gasoline Distribution Facilities ............................................................................................................. .............. X

T ............ Halogenated Solvent Cleaning ............................................................................................................. X X

JJ ........... Wood Furniture Manufacturing Operations .......................................................................................... X

KK .......... Printing and Publishing Industry .......................................................................................................... X X

OO ......... Tanks—Level 1 .................................................................................................................................... X

PP .......... Containers ............................................................................................................................................ X

QQ ......... Surface Impoundments ........................................................................................................................ X

RR ......... Individual Drain Systems ...................................................................................................................... X

VV .......... Oil-Water Separators and Organic-Water Separators ......................................................................... X

1 Nevada Department of Environmental Protection.

2Washoe County District Health Department.

3 Clark County Health Department.

(ii) [Reserved]

[FR Doc. 98–13986 Filed 5–26–98; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 180

[OPP–30114; FRL–5775–4]

Tolerance Processing Fees

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This rule increases fees

charged for processing tolerance

petitions for pesticides under the

Federal Food, Drug, and Cosmetic Act

(FFDCA). The change in fees reflects a

2.45 percent increase in locality pay for

civilian Federal General Schedule (GS)

employees working in the Washington,

DC/Baltimore, MD metropolitan area in

1998.

EFFECTIVE DATE: June 26, 1998.

FOR FURTHER INFORMATION CONTACT: For

information concerning this rule: By

mail: Ed Setren, Immediate Office,

Resources Management Staff (7501C),

Office of Pesticide Programs,

Environmental Protection Agency, 401

M St., SW., Washington, DC 20460.

Office location, telephone number and

e-mail address: Rm. 101E, CM#2, 1921

Jefferson Davis Highway, Arlington, VA

(703) 305–5927, e-mail:

setren.edward@epamail.epa.gov. For

further information concerning

tolerance petitions and individual fees

contact: Sonya Brooks at the same

address, telephone (703) 308–6428, email: brooks.sonya@epamail.epa.gov.

SUPPLEMENTARY INFORMATION: The EPA

is charged with administration of

section 408 of the Federal Food, Drug,

and Cosmetic Act (FFDCA). Section 408

authorizes the Agency to establish

tolerance levels and exemptions from

the requirements for tolerances for food

commodities. Section 408(o) requires

that the Agency collect fees as will, in

the aggregate, be sufficient to cover the

costs of processing petitions for

pesticide products, i.e., that the

tolerance process be as self-supporting

as possible.

The current fee schedule for tolerance

petitions (40 CFR 180.33) was published

in the Federal Register on May 9, 1997

(62 FR 25524) (FRL–5714–1) and
28910 Federal Register / Vol. 63, No. 101 /Wednesday, May 27, 1998 /Rules and Regulations

became effective on June 9, 1997. At

that time the fees were increased 3.33

percent in accordance with a provision

in the regulation that provides for

automatic annual adjustments to the

fees based on annual percentage

changes in Federal salaries. The specific

language in the regulation is contained

in paragraph (o) of § 180.33 and reads in

part as follows: (o) This fee schedule will be

changed annually by the same

percentage as the percent change in the

Federal General Schedule (GS) pay

scale... When automatic adjustments are

made based on the GS pay scale, the

new fee schedule will be published in

the Federal Register as a final rule to

become effective thirty days or more

after publication, as specified in the

rule.

The Federal Employees Pay

Comparability Act of 1990 (FEPCA)

initiated locality-based comparability

pay, known as ‘‘locality pay’’. The

intent of the legislation is to make

Federal pay more responsive to local

labor market conditions by adjusting

General Schedule salaries on the basis

of a comparison with non-Federal rates

on a geographic, locality basis. The processing and review of

tolerance petitions is conducted by EPA

employees working in the Washington,

DC/Baltimore, MD pay area. The pay

raise in 1998 for Federal General

Schedule employees working in the

Washington, DC/Baltimore, MD

metropolitan pay area is 2.45 percent;

therefore, the tolerance petition fees are

being increased 2.45 percent. The entire

fee schedule, § 180.33, is presented for

the reader’s convenience. (All fees have

been rounded to the nearest $25.00.)

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). Nor does it 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). Since this action does not require

any proposal, no action is needed under

the Regulatory Flexibility Act (RFA) (5

U.S.C. 601 et seq.).

Pursuant to 5 U.S.C. 801(a)(1)(A), as

added by the Small Business Regulatory

Enforcement Fairness Act of 1996, the

Agency 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 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

Administrative practice and

procedure, Agricultural commodities,

Pesticides and pests, Reporting and

recordkeeping requirements.

Dated: May 6, 1998.

Marcia E. Mulkey,

Director, Office of Pesticide Programs.

Therefore, 40 CFR part 180 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 180.33 is revised to read as

follows:

§ 180.33 Fees.

(a) Each petition or request for the

establishment of a new tolerance or a

tolerance higher than already

established, shall be accompanied by a

fee of $65,600, plus $1,650 for each raw

agricultural commodity more than nine

on which the establishment of a

tolerance is requested, except as

provided in paragraphs (b), (d), and (h)

of this section.

(b) Each petition or request for the

establishment of a tolerance at a lower

numerical level or levels than a

tolerance already established for the

same pesticide chemical, or for the

establishment of a tolerance on

additional raw agricultural commodities

at the same numerical level as a

tolerance already established for the

same pesticide chemical, shall be

accompanied by a fee of $15,000 plus

$1,000 for each raw agricultural

commodity on which a tolerance is

requested.

(c) Each petition or request for an

exemption from the requirement of a

tolerance or repeal of an exemption

shall be accompanied by a fee of

$12,100.

(d) Each petition or request for a

temporary tolerance or a temporary

exemption from the requirement of a

tolerance shall be accompanied by a fee

of $26,200 except as provided in

paragraph (e) of this section. A petition

or request to renew or extend such

temporary tolerance or temporary

exemption shall be accompanied by a

fee of $3,725.

(e) A petition or request for a

temporary tolerance for a pesticide

chemical which has a tolerance for other

uses at the same numerical level or a

higher numerical level shall be

accompanied by a fee of $13,050 plus

$1,000 for each raw agricultural

commodity on which the temporary

tolerance is sought. (f) Each petition or request for repeal

of a tolerance shall be accompanied by

a fee of $8,200. Such fee is not required

when, in connection with the change

sought under this paragraph, a petition

or request is filed for the establishment

of new tolerances to take the place of

those sought to be repealed and a fee is

paid as required by paragraph (a) of this

section.

(g) If a petition or a request is not

accepted for processing because it is

technically incomplete, the fee, less

$1,650 for handling and initial review,

shall be returned. If a petition is

withdrawn by the petitioner after initial

processing, but before significant

Agency scientific review has begun, the

fee, less $1,650 for handling and initial

review, shall be returned. If an

unacceptable or withdrawn petition is

resubmitted, it shall be accompanied by

the fee that would be required if it were

being submitted for the first time. (h) Each petition or request for a crop

group tolerance, regardless of the

number of raw agricultural commodities

involved, shall be accompanied by a fee

equal to the fee required by the

analogous category for a single tolerance

that is not a crop group tolerance, i.e.,

paragraphs (a) through (f) of this section,

without a charge for each commodity

where that would otherwise apply. (i) Objections under section 408(d)(5)

of the Act shall be accompanied by a

filing fee of $3,275. (j)(1) In the event of a referral of a

petition or proposal under this section

to an advisory committee, the costs shall

be borne by the person who requests the

referral of the data to the advisory

committee.

(2) Costs of the advisory committee

shall include compensation for experts

as provided in § 180.11(c) and the

expenses of the secretariat, including

the costs of duplicating petitions and

other related material referred to the

committee.

(3) An advance deposit shall be made

in the amount of $32,750 to cover the

costs of the advisory committee. Further

advance deposits of $32,750 each shall

be made upon request of the

Administrator when necessary to
Federal Register / Vol. 63, No. 101 /Wednesday, May 27, 1998 /Rules and Regulations 28911

prevent arrears in the payment of such

costs. Any deposits in excess of actual

expenses will be refunded to the

depositor.

(k) The person who files a petition for

judicial review of an order under

section 408(d)(5) or (e) of the Act shall

pay the costs of preparing the record on

which the order is based unless the

person has no financial interest in the

petition for judicial review.

(l) No fee under this section will be

imposed on the Inter-Regional Research

Project Number 4 (IR-4 Program).

(m) The Administrator may waive or

refund part or all of any fee imposed by

this section if the Administrator

determines in his or her sole discretion

that such a waiver or refund will

promote the public interest or that

payment of the fee would work an

unreasonable hardship on the person on

whom the fee is imposed. A request for

waiver or refund of a fee shall be

submitted in writing to the

Environmental Protection Agency,

Office of Pesticide Programs,

Registration Division (7505C),

Washington, DC 20460. A fee of $1,650

shall accompany every request for a

waiver or refund, except that the fee

under this sentence shall not be

imposed on any person who has no

financial interest in any action

requested by such person under

paragraphs (a) through (k) of this

section. The fee for requesting a waiver

or refund shall be refunded if the

request is granted.

(n) All deposits and fees required by

the regulations in this part shall be paid

by money order, bank draft, or certified

check drawn to the order of the

Environmental Protection Agency. All

deposits and fees shall be forwarded to

the Environmental Protection Agency,

Headquarters Accounting Operations

Branch, Office of Pesticide Programs

(Tolerance Fees), P.O. Box 360277M,

Pittsburgh, PA 15251. The payments

should be specifically labeled

‘‘Tolerance Petition Fees’’ and should be

accompanied only by a copy of the letter

or petition requesting the tolerance. The

actual letter or petition, along with

supporting data, shall be forwarded

within 30 days of payment to the

Environmental Protection Agency,

Office of Pesticide Programs,

Registration Division, (7504C)

Washington, DC 20460. A petition will

not be accepted for processing until the

required fees have been submitted. A

petition for which a waiver of fees has

been requested will not be accepted for

processing until the fee has been waived

or, if the waiver has been denied, the

proper fee is submitted after notice of

denial. A request for waiver or refund

will not be accepted after scientific

review has begun on a petition.

(o) This fee schedule will be changed

annually by the same percentage as the

percent change in the Federal General

Schedule (GS) pay scale. In addition,

processing costs and fees will

periodically be reviewed and changes

will be made to the schedule as

necessary. When automatic adjustments

are made based on the GS pay scale, the

new fee schedule will be published in

the Federal Register as a Final Rule to

become effective 30 days or more after

publication, as specified in the rule.

When changes are made based on

periodic reviews, the changes will be

subject to public comment.

[FR Doc. 98–13994 Filed 5–26–98; 8:45 am]

BILLING CODE 6560–50–F

DEPARTMENT OF TRANSPORTATION

Maritime Administration

46 CFR Part 360

[Docket No. MARAD–1998–3865]

RIN 2133—AB34 (FINAL)

Transfer of Marine Equipment to Ship

Operators and Shipyards; Removal of

Obsolete Regulations

AGENCY: Maritime Administration,

Department of Transportation.

ACTION: Final rule.

SUMMARY: The Maritime Administration

(MARAD) is removing as obsolete its

regulations relating to the transfer of

marine equipment to ship operators and

shipyards.

EFFECTIVE DATE: May 27, 1998.

FOR FURTHER INFORMATION CONTACT:

Eugene Magee, Chief, Division of

Reserve Fleet, Maritime Administration,

400 Seventh St, S.W., Room 2112, Tel.

(202) 366–5752.

SUPPLEMENTARY INFORMATION: 46 CFR

part 360 prescribes regulations for the

transfer by MARAD of marine

equipment on board vessels in the

National Defense Reserve Fleet (NDRF)

to operators of U.S.-flag merchant ships

and to shipyards for the construction or

repair of U.S.-flag merchant ships, on

the basis of replacement at the earliest

possible date.

The provisions contained in 46 CFR

part 360 have been in effect over 25

years, and MARAD has found that such

marine equipment on board NDRF

vessels, which average 42 years in age,

is now commercially obsolete and

cannot be used by current U.S.-flag

merchant ships. However, such

equipment may be needed to support

inactive ships in MARAD’s Ready

Reserve Force Fleet or other retention

ships in the NDRF and therefore should

be retained.

Accordingly, the subject transfer

regulation serves no useful purpose, and

MARAD is hereby removing 46 CFR Part

360 as obsolete in this final rule.

Rulemaking Analyses and Notices

Executive Order 12866 (Regulatory

Planning and Review)

This rulemaking is not considered to

be an economically significant

regulatory action under section 3(f) of

Executive Order 12866. Also, it is not a

major rule under Pub. L. 104–121, 5

U.S.C. 804, or a significant rule under

the Department’s Regulatory Policies

and Procedures. Accordingly, it has not

been reviewed by the Office of

Management and Budget.

MARAD has determined that this

rulemaking presents no substantive

issue which it could reasonably expect

to produce meaningful public comment

since it is merely removing obsolete

regulations. Accordingly, MARAD has

determined that the notice and public

comment procedure otherwise required

by the Administrative Procedure Act, 5

U.S.C. 553(c), is unnecessary and good

cause exists, pursuant to 5 U.S.C.

553(d)(3), to make the changes effective

upon publication.

Federalism

The Maritime Administration has

analyzed this rulemaking in accordance

with the principles and criteria

contained in Executive Order 12612,

and it has been determined that these

regulations do not have sufficient

federalism implications to warrant the

preparation of a Federalism Assessment.

Regulatory Flexibility Act

The Maritime Administration certifies

that this rulemaking will not have a

significant economic impact on a

substantial number of small entities. 46

CFR Part 360 is being removed as

obsolete, as it currently serves no useful

purpose.

Environmental Assessment

The Maritime Administration has

considered the environmental impact on

this rulemaking and has concluded that

an environmental impact statement is

not required under the National

Environmental Policy Act of 1969.

Paperwork Reduction Act

This rulemaking contains no reporting

requirement that is subject to OMB

approval under 5 CFR Part 320,