34302 Federal Register / Vol. 63, No. 121 /Wednesday, June 24, 1998 /Rules and Regulations

and 604. Alternatively, EPA may certify

that the rule will not have a significant

impact on a substantial number of small

entities. Small entities include small

businesses, small not-for-profit

enterprises, and government entities

with jurisdiction over populations of

less than 50,000.

SIP approvals under section 110 and

subchapter I, part D of the Clean Air Act

do not create any new requirements but

simply approve requirements that the

State is already imposing. Therefore,

because the Federal SIP approval does

not impose any new requirements, the

Regional Administrator certifies that it

does not have a significant impact on

any small entities affected. Moreover,

due to the nature of the Federal-State

relationship under the CAA, preparation

of a flexibility analysis would constitute

Federal inquiry into the economic

reasonableness of state action. The

Clean Air Act forbids EPA to base its

actions concerning SIPs on such

grounds. Union Electric Co. v. U.S. EPA,

427 U.S. 246, 255–66 (1976); 42 U.S.C.

7410(a)(2) and 7410(k)(3).

D. Unfunded Mandates

Under Section 202 of the Unfunded

Mandates Reform Act of 1995

(‘‘Unfunded Mandates Act’’), signed

into law on March 22, 1995, EPA must

prepare a budgetary impact statement to

accompany any proposed or final rule

that includes a Federal mandate that

may result in estimated costs to State,

local, or tribal governments in the

aggregate; or to private sector, of $100

million or more. Under Section 205,

EPA must select the most cost-effective

and least burdensome alternative that

achieves the objectives of the rule and

is consistent with statutory

requirements. Section 203 requires EPA

to establish a plan for informing and

advising any small governments that

may be significantly or uniquely

impacted by the rule.

EPA has determined that the approval

action promulgated does not include a

Federal mandate that may result in

estimated costs of $100 million or more

to either State, local, or tribal

governments in the aggregate, or to the

private sector. This Federal action

approves pre-existing requirements

under State or local law, and imposes

no new requirements. Accordingly, no

additional costs to State, local, or tribal

governments, or to the private sector,

result from this action.

E. Submission to Congress and the

General Accounting Office

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. 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 therefore 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 August

10, 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).

F. 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 August 24, 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: June 10, 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

adding paragraph (b)(5) to read as

follows:

§ 52.582 Control strategy: Ozone.

* * * * *

(b) * * *

(5) Alternative Fuel Refueling Station/

Park and Ride Transportation Center—

This project is referred to as DO–AR–

211.

[FR Doc. 98–16801 Filed 6–23–98; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 180

[OPP–300654A; FRL–5797–3]

RIN 2070–AB78

Peroxyacetic Acid; Exemption From

the Requirement of a Tolerance;

Correction

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule; correction.

SUMMARY: EPA published in the Federal

Register of May 6, 1998, a final rule

establishing an exemption from the

requirement of a tolerance for residues

of the antimicrobial pesticide

peroxyacetic acid up to 100 parts per

million (ppm), in or on raw agricultural

commodities, in processed

commodities, when such residues result

from the use of peroxyacetic acid as an

antimicrobial agent on fruits, tree nuts,

cereal grains, herbs, and spices. The

word ‘‘vegetables’’ was omitted from the

specific tolerance exemption language

which is reproduced in five places of

the final rule. This document corrects

the final rule by inserting the word

‘‘vegetables’’ into each place that

contains the specific tolerance

exemption language.

EFFECTIVE DATE: This correction is

effective June 24, 1998.

ADDRESSES: Written objections and

hearing requests, identified by the

docket control number, [OPP–300654A],

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
Federal Register / Vol. 63, No. 121 /Wednesday, June 24, 1998 /Rules and Regulations 34303

filed with the Hearing Clerk identified

by the docket control number, [OPP–

300654A], 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 ι2, 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–

300654A]. 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: Marshall Swindell, Product

Manager 33, Antimicrobials Division

(7510W), Office of Pesticide Programs,

Environmental Protection Agency, 401

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

Office location, telephone number, and

e-mail address: 2800 Crystal Drive, 6th

Floor, Arlington, VA, 22202, 703–308–

6341, e-mail:

swindell.marshall@epamail.epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

In the Federal Register of May 6, 1998

(63 FR 24949) (FRL–5789–3), EPA,

issued a final rule establishing an

exemption from the requirement of a

tolerance for residues of the

antimicrobial pesticide peroxyacetic

acid up to 100 ppm, in or on raw

agricultural commodities, in processed

commodities, when such residues result

from the use of peroxyacetic acid as an

antimicrobial agent on fruits, tree nuts,

cereal grains, herbs, and spices. The

word ‘‘vegetables’’ was omitted from the

specific tolerance exemption language

which is reproduced in five places of

the final rule. This document corrects

the final rule by inserting the word

‘‘vegetables’’ into each place that

contains the specific tolerance

exemption language.

II. Correction

In FR Doc. 98–12036 published on

May 6, 1998 (63 FR 24949), the word

‘‘vegetables, ’’ should be inserted after

‘‘fruits,’’ in the following places:

1. On page 24949, in the second

column, in the SUMMARY, in the ninth

line.

2. On page 24951, in the first column,

the paragraph under II. Aggregate Risk

Assessment and Determination of

Safety, in the fifth line from the bottom.

3. On page 24952, in the second

column, under C. Exposures and Risks,

in the paragraph numbered 1., in the

tenth line.

4. On page 24954, in the third

column, the first paragraph under IV.

Conclusion, in the eighth line.

III. 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.).

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: June 10, 1998

Frank Sanders,

Director, Antimicrobials Division, Office of

Pesticide Programs.

PART 180— [AMENDED]

1. The authority citation for part 180

continues to read as follows:

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

§ 180.1196 [Corrected]

2. On page 24955, in the third

column, § 180.1196 is corrected by

adding ‘‘vegetables,’’ after ‘‘fruits,’’ in

the eighth line.

[FR Doc. 98–16676 Filed 6–23–98; 8:45 am]

BILLING CODE 6560–50–F

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 180

[OPP–300655A; FRL–5797–4]

RIN 2070–AB78

Hydrogen Peroxide; Exemption From

the Requirement of a Tolerance;

Correction

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule; correction.

SUMMARY: EPA published in the Federal

Register of May 6, 1998, a final rule

establishing an exemption from the

requirement of a tolerance for residues

of the antimicrobial pesticide hydrogen

peroxide up to 120 parts per million

(ppm), in or on raw agricultural

commodities, in processed

commodities, when such residues result

from the use of hydrogen peroxide as an

antimicrobial agent on fruits, tree nuts,

cereal grains, herbs, and spices. The

word ‘‘vegetables’’ was omitted from the

specific tolerance exemption language

which is reproduced in five places of

the final rule. This document corrects

the final rule by inserting the word

‘‘vegetables’’ into each place that

contains the specific tolerance

exemption language.