39032 Federal Register / Vol. 63, No. 139 /Tuesday, July 21, 1998 /Rules and Regulations

Special services Description Fee

* * * * * * *

Issued by the Commission on April 20,

1998.

Cyril J. Pittack,

Acting Secretary.

[FR Doc. 98–19344 Filed 7–20–98; 8:45 am]

BILLING CODE 7710–FW–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 180

[OPP–300679; FRL–6015–9]

RIN 2070–AB78

Tebuconazole; 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 tebuconazole in or on barley

grain at 2.0 parts per million (ppm),

barley hay at 20 ppm, barley straw at 20

ppm, wheat hay at 15 ppm, wheat straw

at 2.0 ppm, and pistachios at 1.0 ppm;

and extends time-limited tolerances for

the combined residues of tebuconazole

and its metabolite (HGW 2061) in milk

at 0.1 ppm and meat byproducts of

cattle, goats, hogs, horses, poultry and

sheep at 0.2 ppm for an additional 18-

month period, to December 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

barley, wheat, and pistachios. 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 July 21, 1998. Objections and

requests for hearings must be received

by EPA, on or before September 21,

1998.

ADDRESSES: Written objections and

hearing requests, identified by the

docket control number, [OPP–300679],

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–

300679], 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: Stephen Schaible, 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)–308–9362;

e-mail:

schaible.stephen@epamail.epa.gov.

SUPPLEMENTARY INFORMATION: EPA

issued a final rule, published in the

Federal Register of June 20, 1997 (FRL–

5725–7) , 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 time-limited

tolerances for the residues of

tebuconazole in or on barley grain at 2.0

ppm, barley hay at 20 ppm, barley straw

at 20 ppm, wheat hay at 15 ppm, wheat

straw at 2.0 ppm, and pistachios at 1.0

ppm. EPA established time-limited

tolerances for the combined residues of

tebuconazole and its 1-(4-chlorophenyl)-

4,4-dimethyl-3-(1H-1,2,4-triazole-1-ylmethyl)-pentane-3,5-diol metabolite

(HGW 2061) in milk at 0.1 ppm and

meat byproducts of cattle, goats, hogs,

horses, poultry and sheep at 0.2 ppm.

All of these tolerances have an

expiration date of June 30, 1998. 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 requests to extend the

use of tebuconazole on barley, wheat,

and pistachios for this year’s growing

season due to continued non-routine

situations for growers of these crops.

Numerous States have requested

emergency exemptions to control rust in

barley and wheat; currently registered

alternatives do not allow application at

a sufficiently late stage of growth to

control the disease. Additionally, North

Dakota, Minnesota, South Dakota and

Michigan have again requested use of

this chemical to control Fusarium head

blight on barley and/or wheat; abundant

inoculum and wet weather conditions

this year are likely to result in a severe

outbreak without the requested use. The

continued lack of an effective

alternative to control late blight on

pistachios when disease pressure is high

is likely to result in significant

economic losses to growers in California

if wet weather conditions occur. After

having reviewed the submissions, EPA

concurs that emergency conditions exist

for these States. EPA has authorized

under FIFRA section 18 the use of

tebuconazole on barley, wheat, and

pistachios for control of the above

fungal diseases in barley, wheat, and

pistachios.

EPA assessed the potential risks

presented by residues of tebuconazole

in or on barley grain, barley hay, barley

straw, wheat hay, wheat straw,

pistachios, milk, and meat byproducts

of cattle, goats, hogs, horses, poultry and

sheep. In doing so, EPA considered the

new safety standard in FFDCA section

408(b)(2), and decided that the

necessary tolerances 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 June

20, 1997. Based on that data and

information considered, the Agency

reaffirms that extension of the timelimited tolerances will continue to meet

the requirements of section 408(l)(6).
Federal Register / Vol. 63, No. 139 /Tuesday, July 21, 1998 /Rules and Regulations 39033

Therefore, the time-limited tolerances

are extended for an additional 18-month

period. Although these tolerances will

expire and are revoked on December 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 barley

grain, barley hay, barley straw, wheat

hay, wheat straw, pistachios, milk, and

meat byproducts of cattle, goats, hogs,

horses, poultry and sheep 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 September 21,

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–300679]. 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

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).
39034 Federal Register / Vol. 63, No. 139 /Tuesday, July 21, 1998 /Rules and Regulations

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 29, 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.

§ 180.474 [Amended]

2. In § 180.474, by amending

paragraphs (b)(1) and (b)(2) in the tables,

by changing the date ‘‘June 30, 1998’’ to

read ‘‘12/31/99’’.

[FR Doc. 98–19405 Filed 7–20–98; 8:45 am]

BILLING CODE 6560–50–F

CORPORATION FOR NATIONAL AND

COMMUNITY SERVICE

45 CFR Parts 2510, 2516, 2517, 2519,

2521, and 2540

Administrative Costs for Learn and

Serve America and AmeriCorps Grants

Programs

AGENCY: Corporation for National and

Community Service.

ACTION: Interim final rule adopted as

final rule.

SUMMARY: We are adopting as a final

rule, without change, an interim final

rule that amended the Corporation’s

regulations relating to administrative

costs in 45 C.F.R. Parts 2510, 2516,

2517, 2519, 2521, and 2540 published at

63 FR 18135, April 14, 1998. The rule

amends the Corporation’s regulations

implementing a statutory limit on the

percentage of assistance to specified

national service programs that may be

used to pay for administrative costs. The

rule clarifies the definition of

administrative costs, adds an explicit

definition of program costs that are not

subject to the limitation on

administrative costs, and provides

additional guidelines for applying the

limitation on administrative costs.

DATES: The interim final rule was

effective April 14, 1998.

FOR FURTHER INFORMATION CONTACT:

Michael Kenefick, Director of Grants

Management, Corporation for National

Service, (202) 606–5000, ext. 101.

SUPPLEMENTARY INFORMATION:

On April 14, 1998, the Corporation for

National and Community Service

(Corporation) published an interim final

rule amending its regulations

implementing provisions of the National

and Community Service Act of 1990, as

amended, under which not more than

five percent of assistance for a fiscal

year may be used to pay for

administrative costs. This limitation

applies to the following types of

programs: (1) School-based servicelearning programs; (2) community-based

service-learning programs; (3) higher

education innovative programs for

community service; and (4) national

service programs assisted under sections

121(a) and 121(b) of the Act through

grants to State Commissions, Indian

Tribes, U.S. Territories, and national

nonprofit organizations.

The Act itself does not define

‘‘administrative costs’’ but directs the

Corporation to prescribe by rule the

manner and extent to which assistance

provided may be used to pay for

administrative costs and the distribution

of such costs between grantees and subgrantees. The final rule clarifies the

types of costs that are considered

subject to the five percent limitation on

administrative costs. The final rule

includes an itemization of costs that are

directly related to programs and

projects, and therefore excluded from

the definition of administrative costs.

The final rule also provides guidelines

for the implementation of the statutory

requirements, including the use of

indirect cost rates and the use of fixed

rates for administrative costs.

Comments on the interim final rule

were due June 15, 1998. We did not

receive any comments. The facts

presented in the interim final rule still

provide a basis for the rule.

This action also affirms the

information contained in the interim

rule concerning Executive Order 12866

and the Regulatory Flexibility Act, the

Paperwork Reduction Act, the

Unfunded Mandates Reform Act, and

Executive Order 12875.

List of Subjects

45 CFR Part 2510

Grant programs—social programs,

Volunteers.

45 CFR Part 2516

Elementary and secondary education,

Grant programs—social programs,

Indians, Nonprofit organizations,

Reporting and recordkeeping

requirements, Volunteers.

45 CFR Part 2517

Community development, Grant

programs—social programs, Nonprofit

organizations, Reporting and

recordkeeping requirements,

Volunteers.

45 CFR Part 2519

Colleges and universities, Grant

programs—social programs, Nonprofit

organizations, Reporting and

recordkeeping requirements,

Volunteers.

45 CFR Part 2521

AmeriCorps, Grant programs—social

programs, Volunteers.

45 CFR Part 2540

Administrative practice and

procedure, Grant programs—social

programs, Reporting and recordkeeping

requirements, Volunteers.

Interim Final Rule Adopted as Final

Without Change

Accordingly, the interim final rule

amending 45 CFR Parts 2510, 2516,

2517, 2519, 2521, and 2540, which was

published at 63 FR 18135, April 14,

1998, is adopted as a final rule without

change.

Authority: 42 U.S.C. 12501 et seq.

Dated: July 15, 1998.

Kenneth L. Klothen,

General Counsel.

[FR Doc. 98–19375 Filed 7–20–98; 8:45 am]

BILLING CODE 6050–28–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 11

[FO Dockets No. 91–171, 91–301; FCC 97–

338]

Emergency Alert System; Correction

AGENCY: Federal Communications

Commission.

ACTION: Final rule; correction.

SUMMARY: The FCC published a Second

Report and Order, a document which

amended the Commissions Emergency

Alert System rules in the Federal

Register of June 1, 1998. Inadvertently,

incorrect language was inserted in

§ 11.54. This document corrects that

language.

DATES: Effective on July 31, 1998.

FOR FURTHER INFORMATION CONTACT:

David Sturdivant, Compliance and

Information Bureau, Emergency Alert

System Office (EAS) (202) 418–1100.

SUPPLEMENTARY INFORMATION: The

Federal Register of June 1, 1998 (63 FR