Federal Register / Vol. 63, No. 111 /Wednesday, June 10, 1998 /Rules and Regulations 31631

the selection of this alternative is

inconsistent with the law.

The Agency has determined that this

rule does not include a federal mandate

that may result in expenditures of $100

million or more for State, local, and

tribal governments, in the aggregate, or

the private sector in any one year. This

rule reduces costs to such entities by

relaxing a regulatory requirement.

Because small governments will not be

significantly or uniquely affected by this

rule, the Agency is not required to

develop a plan with regard to small

governments.

H. 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 rule is not a

‘‘major rule’’ as defined by 5 U.S.C.

section 804(2).

I. 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 10, 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 it

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).)

J. Electronic Copies of Rulemaking

A copy of this action is available on

the Internet at www.epa.gov/

OMSWWW under the title: ‘‘Relaxation

of Federal Gasoline RVP Standard in

Denver-Boulder Metropolitan Area.’’

K. Statutory Authority

The promulgation of this regulation is

authorized by sections 211(h) and 301(a)

of the Clean Air Act as amended by the

Clean Air Act Amendments of 1990(42

U.S.C. 7545(h) and 7601(a)).

L. Children’s Health Protection

This direct final rule is not subject to

E.O. 13045, entitled ‘‘Protection of

Children from Environmental Health

Risks and Safety Risks’’ (62 FR 19885,

April 23, 1997), because it does not

involve decisions on environmental

health risks or safety risks that may

disproportionately affect children.

List of Subjects in 40 CFR Part 80

Environmental Protection,

Administrative practice and procedures,

Air pollution control, Fuel additives,

Gasoline, Motor vehicle and motor

vehicle engines, Motor vehicle

pollution, Penalties, Reporting and

recordkeeping requirements.

Dated: May 28, 1998.

Carol M. Browner,

Administrator.

For the reasons set forth in the

preamble, part 80 of title 40 of the Code

of Federal Regulations is amended as

follows:

PART 80—REGULATION OF FUELS

AND FUEL ADDITIVES

1. The authority citation for part 80

continues to read as follows:

Authority: Sections 114, 211, and 301(a) of

the Clean Air Act as amended, 42 U.S.C.

7414, 7545 and 7601(a).

2. In § 80.27(a)(2), the table is

amended by revising the entry for

Colorado and footnote 2 to read as

follows:

§ 80.27 Controls and prohibitions on

gasoline volatility.

* * * * *

(a) * * *

(2) * * *

APPLICABLE STANDARDS 1 1992 AND SUBSEQUENT YEARS

State May June July August September

* * * * * * *

Colorado2 ................................................................................................... 9.0 7.8 7.8 7.8 7.8

* * * * * * *

1Standards are expressed in pounds per square inch (psi).

2The standard for 1992 through 2000 in the Denver-Boulder area designated nonattainment for the 1-hour ozone NAAQS in 1991 (see 40

CFR 81.306) will be 9.0 for June 1 through September 15.

[FR Doc. 98–15449 Filed 6–9–98; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 180

[OPP–300652; FRL 5788–4]

RIN 2070–AB78

Glyphosate; Extension of Tolerance for

Emergency Exemptions

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This rule extends a timelimited tolerance for residues of

Roundup Ultra and Roundup Ultra RT

(Glyphosate [N-

(Phosphonomethyl)glycine) and its

metabolites in or on dry peas, lentils,

and chickpeas at 5 part per million

(ppm) for an additional 18 month, to

February 29, 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 dry peas, lentils, and

chickpeas. 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 10, 1998. Objections and

requests for hearings must be received

by EPA, on or before August 10, 1998.

ADDRESSES: Written objections and

hearing requests, identified by the

docket control number, [OPP–300652],

must be submitted to: Hearing Clerk

(1900), Environmental Protection
31632 Federal Register / Vol. 63, No. 111 /Wednesday, June 10, 1998 /Rules and Regulations

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–

300652], 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: 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: Jackie Gwaltney, 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. 274,

CM#2, 1921 Jefferson Davis Hwy.,

Arlington, VA, (703) 305–6792; e-mail:

gwaltney.jackie@epamail.epa.gov.

SUPPLEMENTARY INFORMATION: EPA

issued a final rule, published in the

Federal Register of August 11, 1997 (62

FR 42921) (FRL 5732–7), 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 Roundup Ultra and

Roundup Ultra RT (Glyphosate [N-

(Phosphonomethyl)glycine) and its

metabolites in or on dry peas, lentils,

and chickpeas at 5 ppm, with an

expiration date of February 29, 2000.

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.

In the final rule published on August

11, 1997 (62 FR 42921), EPA stated that

an emergency exemption had been

granted to Idaho, Oregon and

Washington for use of glyphosate on dry

peas, garbanzo beans (chickpeas) and

lentils. The final rule was intended to

establish tolerances for residues of

glyphosate and its metabolites in or on

all of these commodities. All of the

commodities, including chickpeas, were

included in EPA’s assessment of the

aggregate risk from exposure to

glyphosate and in the Agency’s

determination that there is a reasonable

certainty that no harm would result

from such exposure. However, the

commodity garbanzo beans (chickpeas)

and its tolerance of 5 ppm was

inadvertently omitted from the

regulatory text. Therefore, in this final

rule EPA is also adding a tolerance of 5

ppm for chickpeas with an expiration

date of February 29, 2000 to the table at

40 CFR 180.346(b).

EPA received a request to extend the

use of Roundup Ultra and Roundup

Ultra RT (Glyphosate [N-

(Phosphonomethyl)glycine) on dry peas,

lentils, and chickpeas for this year

growing season due to a combination of

weather and environmental conditions

that encouraged the excessive spread of

Canada thistle. Canada thistle is a severe

threat to Eastern Washington dry peas,

lentils, and chickpeas cropland. After

having reviewed the submission, EPA

concurs that emergency conditions exist

for this state. EPA has authorized under

FIFRA section 18 the use of Roundup

Ultra and Roundup Ultra RT

(Glyphosate [N-

(Phosphonomethyl)glycine) on dry peas,

lentils, and chickpeas for control of

Canada thistle in dry peas, lentils, and

chickpeas.

EPA assessed the potential risks

presented by residues of Roundup Ultra

and Roundup Ultra RT (Glyphosate [N-

(Phosphonomethyl)glycine) in or on dry

peas, lentils, and chickpeas. 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 August 11, 1997 (62 FR 42921) [(FRL

5732–7)]. Based on that data and

information considered, the Agency

reaffirms that extension of the timelimited tolerance will continue to meet

the requirements of section 408(l)(6).

Therefore, the time-limited tolerance is

extended for an additional 18 months.

Although this tolerance will expire and

is revoked on August 30, 1998, under

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

pesticide not in excess of the amounts

specified in the tolerance remaining in

or on dry peas, lentils, and chickpeas

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 tolerance. EPA will

take action to revoke this tolerance

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 10, 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
Federal Register / Vol. 63, No. 111 /Wednesday, June 10, 1998 /Rules and Regulations 31633

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 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–300652]. 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 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 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

reportcontaining 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: May 21, 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 § 180.364, by revising paragraph

(b) to read as follows:

§ 180.364 Glyphosate; tolerances for

residues.

* * * * *

(b) Section 18 emergency exemptions.

Time-limited tolerances are established

for combined residues of the herbicide

glyphosate, per se in connection with

use of the pesticide under section 18

emergency exemptions granted by EPA.

The tolerances will expire and are

revoked on the dates specified in the

following table.

Commodity Parts per

million

Expiration/

revocation

date

Cattle, kidney .... 4 2/29/00

Chickpeas ......... 5 2/29/00

Goats, kidney .... 4 2/29/00

Horses, kidney .. 4 2/29/00

Lentils ................ 5 2/29/00

Pea, hay ............ 200 2/29/00

Pea, vines ......... 60 2/29/00

Peas, dry ........... 5 2/29/00

Sheep, kidney ... 4 2/29/00

Silage, hay ........ 90 2/29/00

* * * * *

[FR Doc. 98–15327 Filed 6–9–98; 8:45 am]

BILLING CODE 6560–50–F

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 180

[OPP–300662; FRL 5791–5]

RIN 2070–AB78

Fenbuconazole; Pesticide Tolerances

for Emergency Exemptions

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This regulation establishes a

time-limited tolerance for residues of

fenbuconazole and its metabolites in or

on blueberries. 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