32134 Federal Register / Vol. 63, No. 113 / Friday, June 12, 1998 /Rules and Regulations

version, as described above, is kept in

paper form. Accordingly, in the event

there are objections and hearing request,

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. 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 an

exemption from the tolerance

requirement under section 408(d) of the

FFDCA 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 and

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

additions, since tolerance exemptions

that are established on the basis of a

petition under FFDCA section 408(d),

such as the exemption 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 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.

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 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 3, 1998.

Marcia E. Mulkey,

Director, 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 180.1199 is added to

subpart D to read as follows:

§ 180.1199 Phospholipid: Lyso-PE

(lysophosphatidylethanolamine); temporary

exemption from the requirement of a

tolerance.

The phospholipid biochemical LysoPE (lysophosphatidylethanolamine); is

temporarily exempted from the

requirement of a tolerance for residues

when used on crops including: apples,

citrus, cranberries, grapes, nectarines,

peaches, pears, strawberries, and

tomatoes. This temporary exemption

from the requirement of a tolerance will

permit the marketing of the food

commodities in this paragraph when

treated in accordance with the

provisions of experimental use permit

70515-EUP-1, which is being issued

under the Federal Insecticide,

Fungicide, and Rodenticide Act

(FIFRA), as amended (7 U.S.C. 136).

This temporary exemption from the

requirement of a tolerance expires and

is revoked on June 1, 2001. This

temporary exemption from the

requirement of a tolerance may be

revoked at any time if the experimental

use permit is revoked or if any

experience with or scientific data on

this pesticide indicate that the tolerance

is not safe.

[FR Doc. 98–15597 Filed 6–11–98; 8:45 am]

BILLING CODE 6560–50–F

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 180

[OPP–300670; FRL–5795–3]

RIN 2070–AB78

Propamocarb hydrochloride;

Extension of Tolerances for

Emergency Exemptions

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This rule extends timelimited tolerances for residues of the

fungicide propamocarb hydrochloride

in or on potatoes at 0.5 part per million

(ppm); fat, meat, meatbyproducts

(except kidney and liver) of cattle, goats,

hogs, horses, and sheep; and milk at 0.1

ppm; and tomatoes at 0.5 ppm; tomato

paste at 3 ppm; and tomato puree at 1

ppm for an additional year and a half.

This action is in response to EPA’s

granting of emergency exemptions

under section 18 of the Federal

Insecticide, Fungicide, and Rodenticide

Act authorizing use of the pesticide on

potatoes and tomatoes. 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 June 12, 1998. Objections and

requests for hearings must be received

by EPA, on or before August 11, 1998.

ADDRESSES: Written objections and

hearing requests, identified by the

docket control number, [OPP–300670],

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
Federal Register / Vol. 63, No. 113 / Friday, June 12, 1998 /Rules and Regulations 32135

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–

300670], 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, Crystal Mall #2,

1921 Jefferson Davis Hwy., Arlington,

VA.

A copy of objections and hearing

requests filed with the Hearing Clerk

may be submitted electronically by

sending electronic mail (e-mail) to: oppdocket@epamail.epa.gov. Copies of

electronic objections and hearing

requests must be submitted as an ASCII

file avoiding the use of special

characters and any form of encryption.

Copies of electronic objections and

hearing requests will also be accepted

on disks in WordPerfect 5.1/6.1 or

ASCII file format. All copies of

electronic objections and hearing

requests must be identified by the

docket control number [OPP–300670].

No Confidential Business Information

(CBI) should be submitted through email. Copies of electronic objections and

hearing requests on this rule may be

filed online at many Federal Depository

Libraries.

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,

CM #2, 1921 Jefferson Davis Hwy.,

Arlington, VA 22202, (703)–308–9364;

e-mail:ie-lpemberton@epamail.epa.gov.

SUPPLEMENTARY INFORMATION: EPA

issued final rules, published in the

Federal Register of April 2, 1997 (FR

15615) (FRL–5597–2) and May 16,

1997(FR 26960)(FRL–5717–5), which

announced that on its own initiative

and under section 408(e) of the FFDCA,

21 U.S.C. 346a(e) and (l)(6), it

established time-limited tolerances for

the residues of propamocarb

hydrochloride in or on potatoes at 0.5

ppm; fat, meat, meat byproducts (except

kidney and liver) of cattle, goats, hogs,

horses, and sheep; and milk at 0.1 ppm

with an expiration date of March 15,

1999 and in or on tomatoes at 0.5 ppm,

tomato paste at 3 ppm, and tomato

puree at 1 ppm with an expiration date

of May 15, 1999. EPA established the

tolerances 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 propamocarb hydrochloride for

this growing season due to continued

failure to control immigrant strains of

late blight in tomatoes and potatoes

with registered fungicides. After having

reviewed the submissions, EPA concurs

that emergency conditions exist for the

states which have requested this use.

EPA has authorized under FIFRA

section 18 the use of propamocarb

hydrochloride on for control of late

blight in potatoes and tomatoes.

EPA assessed the potential risks

presented by residues of propamocarb

hydrochloride in or on potatoes and

tomatoes. 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 rules of April

2, 1997 and May 16, 1997. Based on

those data and information considered,

the Agency reaffirms that extension of

the time-limited tolerances will

continue to meet the requirements of

section 408(l)(6). Therefore, the timelimited tolerances are extended for an

additional year and a half. Although

these tolerances will expire and are

revoked on September 15, 2000 and

November 15, 2000, under FFDCA

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

pesticide not in excess of the amounts

specified in the tolerances remaining in

or on after these dates 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 August 11, 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
32136 Federal Register / Vol. 63, No. 113 / Friday, June 12, 1998 /Rules and Regulations

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.

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.

III. Regulatory Assessment

Requirements

This final rule extends time-limited

tolerances that were 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 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, under the Regulatory

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

seq.), the Agency 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 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: June 2, 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.

§ 180.499 [Amended]

2. In § 180.499, by amending

paragraph (b) by changing the date ‘‘3/

15/99’’ to read ‘‘9/15/00’’ and the date

‘‘May 15, 1999’’ to read ‘‘11/15/00’’.

[FR Doc. 98–15743 Filed 6–11–98; 8:45 am]

BILLING CODE 6560–50–F

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 180

[OPP–300668; FRL 5794–8]

RIN 2070–AB78

Tebufenozide; Extension of Tolerances

for Emergency Exemptions

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This rule extends timelimited tolerances for residues of the

insecticide tebufenozide and its

metabolites in or on undelinted cotton

seed at 0.2 part per million (ppm),

cottonseed meal 0.5 ppm, cottonseed oil

1.3 ppm, cottonseed hulls 0.8 ppm,

cotton gin byproducts 4.0 ppm, for an

additional 18 months, to December 31,

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 cotton. 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 June 12, 1998. Objections and

requests for hearings must be received

by EPA, on or before August 11, 1998.

ADDRESSES: Written objections and

hearing requests, identified by the

docket control number, [OPP–300668],

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–

300668], 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, Crystal Mall #2,

1921 Jefferson Davis Hwy., Arlington,

VA.