Federal Register / Vol. 63, No. 118 / Friday, June 19, 1998 /Rules and Regulations 33583

or (ii) of this section is met:’’ is

corrected to read ‘‘and either of the

following conditions is met:’’.

§ 159.184 [Corrected]

9. On page 49392, § 159.184 is

corrected as follows:

i. In paragraph (c)(2), in the

introductory text, the phrase ‘‘reports

must be submitted if the registrant’’ is

corrected to read ‘‘reports must be

submitted for each pesticide that may

have contributed to the incident, if the

registrant’’.

ii. Paragraph (c)(2)(vi) is removed.

iii. On page 49393, paragraph

(c)(4)(iv)(G), is corrected to read:

* * * * *

(c) * * *

(4) * * *

(iv) * * *

(G) Pesticides and degradates

analyzed for, the detection limits, and

the amount detected.

* * * * *

iv. In paragraph (c)(4)(v)(A) is

corrected to read:

* * * * *

(c) * * *

(4) * * *

(v) * * *

(A) Pesticides and degradates

analyzed for, the analytical method

used, the detection limits, and the

amount detected.

* * * * *

v. On page 49393 in paragraph

(c)(5)(iii), in the introductory text, the

phrase ‘‘if any of the criteria listed in

paragraphs (c)(5)(iii)(A) through

(c)(5)(iii)(G) of the section are met, or’’

is corrected to read ‘‘if any of the

following criteria are met, or’’.

vi. On page 49393, in paragraph

(c)(5)(iii)(D), the word

‘‘relativelycommon’’ is corrected to read

‘‘relatively common.’’

vii. On page 49394, in paragraph

(c)(5)(iii)(G), the word ‘‘orthreatened’’ is

corrected to read ‘‘or threatened.’’

viii. On page 49394, paragraph

(c)(5)(iv), in the introductory text, the

phrase ‘‘if the single criterion listed in

paragraph (c)(5)(iv)(A) of this section is

met, or’’ is corrected to read ‘‘if the

following criterion is met, or’’.

ix. On page 49394, paragraphs (d)(2)

and (d)(3) are corrected to read as

follows:

* * * * *

(d) * * *

(2) Information concerning incidents

which meet the criteria for the following

exposure and severity category labels

described in paragraph (c)(5) of this

section, reports of detections of

pesticides in water, and efficacy failure

incidents described in § 159.188(a)(1)

and (b)(1), may be accumulated for a

30–day period, and submitted to the

Agency within 30 days after the end of

each 30–day accumulation period for:

Humans, H-B, and H-C; Wildlife, W-A;

Plants, P-A; Water, G-A; Property

Damage, PD-A.

(3) Incidents or reports of detections

of pesticides in water meeting all other

exposure and severity label categories,

information may be accumulated by

registrants for 90 days and submitted

within 60 days after the end of each 90–

day accumulation period.

* * * * *

§ 159.195 [Corrected]

10. On page 49395, in § 159.195,

paragraph (b), the word ‘‘sectioin’’ is

corrected to read ‘‘section,’’ and the

phrase ‘‘otherwise-reportable’’ is

corrected to read ‘‘otherwise

reportable.’’

[FR Doc. 98–16410 Filed 6–18–98; 8:45 am]

BILLING CODE 6560–50–F

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 180

[OPP–300667; FRL–5794–7]

RIN 2070–AB78

Buprofezin; Extension of Tolerances

for Emergency Exemptions

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This rule extends time–

limited tolerances for residues of the

pesticide buprofezin and its metabolite

BF 12 in or on citrus fruit at 2.0 parts

per million (ppm); dried citrus pulp at

10 ppm; cotton seed at 1.0 ppm; cotton

gin byproducts at 20 ppm; milk at 0.03

ppm; and cattle, sheep, hogs, goats, and

horse meat at 0.02 ppm, fat at 0.02 ppm,

and meat byproducts at 0.5 ppm for an

additional 1–year period, to July 31,

1999. 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 citrus and 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 19, 1998. Objections and

requests for hearings must be received

by EPA, on or before August 18, 1998.

ADDRESSES: Written objections and

hearing requests, identified by the

docket control number, [OPP–300667],

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–

300667], 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 also be submitted electronically by

sending electronic mail (e–mail) to:

opp– docket@epamail.epa.gov. Follow

the instructions in Unit II. of this

preamble. No Confidential Business

Information (CBI) should be submitted

through e–mail.

FOR FURTHER INFORMATION CONTACT: By

mail: Andrea Beard, 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. 267,

CM #2, 1921 Jefferson Davis Hwy.,

Arlington, VA 22202, (703)–308–9356;

e–mail: beard.andrea@epamail.epa.gov.

SUPPLEMENTARY INFORMATION: EPA

issued a final rule, published in the

Federal Register of July 30, 1997 (62 FR

40735) (FRL–5732–1), 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 a time–

limited tolerance for the residues of

buprofezin and its metabolites in or on

citrus fruit at 2.0 ppm, dried citrus pulp

at 10 ppm; cotton seed at 1.0 ppm;

cotton gin byproducts at 20 ppm; milk

at 0.03 ppm, and cattle, sheep, hogs,

goats, and horse meat at 0.02 ppm, fat

at 0.02 ppm, and meat byproducts at 0.5

ppm, with an expiration date of July 31,

1998. EPA established the tolerance

because section 408(l)(6) of the FFDCA
33584 Federal Register / Vol. 63, No. 118 / Friday, June 19, 1998 /Rules and Regulations

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 buprofezin on citrus for this

year’s growing season to control red

scale, which has developed resistance to

available controls in some areas of

California, and has caused significant

losses for affected growers; this situation

remains unchanged from that of last

year. EPA also received requests from

California and Arizona to extend the use

of buprofezin on cotton for this year’s

growing season since the situation has

remained the same as last year; a

recently–introduced new strain or

species of whitefly has caused

significant losses to cotton growers and

has demonstrated resistance to available

controls. After having reviewed the

submission, EPA concurs that

emergency conditions exist for these

states. EPA has authorized under FIFRA

section 18 the use of buprofezin on

citrus for control of red scale and on

cotton for control of whiteflies.

EPA assessed the potential risks

presented by residues of buprofezin in

or on citrus, cotton, and animal

commodities. 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 30, 1997 (62 FR 40735). Based on

that 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 time–

limited tolerances are extended for an

additional 1–year period. Although

these tolerances will expire and are

revoked on July 31, 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 citrus fruit; dried citrus pulp;

cotton seed; cotton gin byproducts;

milk; and the meat, fat and meat

byproducts of cattle sheep, hogs, goats,

and horse, 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 August 18, 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

also be accepted on disks in

WordPerfect 51/6.1 or ASCII file format.

All copies of objections and hearing

requests in electronic form must be

identified by the docket control number

[OPP–300667]. 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 time–limited

tolerances that were previously

established by EPA under FFDCA

section 408(d) in response to petitions

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
Federal Register / Vol. 63, No. 118 / Friday, June 19, 1998 /Rules and Regulations 33585

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).

Since this extension of existing time–

limited tolerances 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

General Accounting Office

Under 5 U.S.C. 801(a)(1)(A), as added

by the Small Business Regulatory

Enforcement Fairness Act of 1996, EPA

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: June 4, 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.

§ 180.511 [Amended]

2. In § 180.511, by amending the table

in paragraph (b) for all of the

commodities by changing the expiration

dates ‘‘7/31/98’’ to read ‘‘7/31/ 99.’’

[FR Doc. 98–16409 Filed 6–18–98; 8:45 am]

BILLING CODE 6560–50–F

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 54

[CC Docket Nos. 96–45, 96–262, 94–1, 91–

213, and 95–72; FCC 97–420]

Universal Service; Correction

AGENCY: Federal Communications

Commission.

ACTION: Final rule; correction.

SUMMARY: The Federal Communications

Commission published in the Federal

Register of January 13, 1998, a

document making certain changes, on

reconsideration, to the Commission’s

universal service rules. This document

corrects those rules.

DATES: Effective on June 19, 1998.

FOR FURTHER INFORMATION CONTACT:

Sheryl Todd, Common Carrier Bureau,

(202) 418–7400.

SUPPLEMENTARY INFORMATION: The

Federal Communications Commission

published in FR Doc. 98–541, published

in the Federal Register of January 13,

1998 (63 FR 2094) a summary of the

Commission’s Fourth Order on

Reconsideration in CC Docket No. 96–45

and Report and Order in CC Docket Nos.

96–45, 96–262, 94–1, 91–213, 95–72,

FCC 97–420 (Fourth Order on

Reconsideration). On January 29, 1998,

the Commission released errata to the

Fourth Order on Reconsideration. This

correction reflects the changes included

in that errata. The full text of the errata

is available for inspection and copying

during normal business hours in the

FCC Reference Center (Room 239), 1919

M St., NW, Washington, DC.

In rule FR Doc. 98–541, published on

January 13, 1998 (63 FR 2094) make the

following corrections.

1. On page 2125, in the third column,

in § 54.101, paragraph (a)(1), line 3,

remove the period and add, in its place,

a semi-colon.

2. On page 2127, in the second

column, in § 54.301, revise paragraph

(c)(5) to read as follows:

(c) * * *

(5) Corporate Operations Expenses

(Accounts 6710, 6720) shall be allocated

according to the following factor:

{[Account 2210 Category 3 ÷ (Account

2210 + Account 2220 + Account

2230)}] × (Account 6210 + Account

6220 + Account 6230)} + [(Account

6530 + Account 6610 + Account 6620)

× (Account 2210 Category 3 ÷ Account

2001)] ÷ (Account 6210 + Account

6220 + Account 6230 + Account 6310

+ Account 6410 + Account 6530 +

Account 6610 + Account 6620).

3. On page 2127, in the second

column, in § 54.301, in paragraph (c)(6),

lines 6 and 7, add the word ‘‘Account’’

in the parentheses before ‘‘2210’’,

‘‘2220’’, and ‘‘2230.’’

4. On page 2127, in the second

column, in § 54.301, in paragraph (d) in

the heading and in the introductory text,

line 2, add the phrase ‘‘projected annual

unseparated’’ before ‘‘local switching

revenue requirement’’; in line 3 of the

introductory text add the word ‘‘by’’

before ‘‘summing.’’

5. On page 2127, in the second

column, in § 54.301, in the first sentence

of paragraph (d)(1) revise to read as

follows:

(d) * * *

(1) Return on Investment attributable

to COE Category 3 shall be obtained by

multiplying the average projected

unseparated local switching net

investment by the authorized interstate

rate of return. Projected unseparated

local switching net investment shall be

calculated as of each December 31 by

deducting the accumulated reserves,

deferrals and customer deposits

attributable to the COE Category 3

investment from the gross investment

attributable to COE Category 3. The

average projected unseparated local

switching net investment shall be

calculated by summing the projected

unseparated local switching net

investment as of December 31 of the

calendar year following the filing year

and such investment as of December 31

of the filing year and dividing by 2.

6. On page 2127, in the second

column, in § 54.301, in the second

sentence of paragraph (d)(1) remove the

word ‘‘Unseparated’’ and add, in its

place, ‘‘Projected unseparated’’.

7. On page 2127, in the second

column, in § 54.301, in the third

sentence of paragraph (d)(1) remove the

phrase ‘‘projected unseparated local

switching average’’ and add, in its place,

‘‘average projected unseparated local

switching’’ and remove ‘‘and the

projected unseparated local switching

net’’ and add, in its place, ‘‘year and

such’’.

8. On page 2127, in the second

column, in § 54.301, in paragraph (d)(3)

add the phrase ‘‘,excluding depreciation

expense,’’ after the word ‘‘expenses’’.

9. On page 2127, in the second

column, in § 54.301 revise paragraph

(d)(4) to read as follows:

(d) * * *

(4) Federal income tax attributable to

COE Category 3 shall be calculated