39030 Federal Register / Vol. 63, No. 139 /Tuesday, July 21, 1998 /Rules and Regulations

Dated: June 24, 1998.

R.D. Sirois,

Captain, U.S. Coast Guard, Commander,

Eleventh Coast Guard District, Acting.

[FR Doc. 98–19360 Filed 7–20–98; 8:45 am]

BILLING CODE 4910–15–M

POSTAL RATE COMMISSION

39 CFR Part 3001

[Docket Nos. RM98–1, MC97–3 and MC97–

4; Order No. 1212]

Amendments to Domestic Mail

Classification Schedule

AGENCY: Postal Rate Commission.

ACTION: Final rule.

SUMMARY: This final rule sets forth the

changes to the Domestic Mail

Classification Schedule (DMCS) as a

result of the Governors’ Decisions on the

Recommended Decisions of the Postal

Rate Commission in Docket Nos. MC97–

3 and MC97–4. The Commission’s

Decision in Docket No. MC97–3 (issued

September 4, 1997) changed the

classification provisions for Bound

Printed Matter Weight Limitations. The

Commission’s Recommended Decision

in Docket No. MC97–4 (issued

September 4, 1997) established

classification provisions for Bulk Parcel

Return Service and Shipper-Paid

Forwarding. For these reasons,

Appendix A to Subpart C has been

amended to reflect those changes.

DATES: This rule is effective July 21,

1998.

FOR FURTHER INFORMATION CONTACT:

Stephen L. Sharfman, General Counsel,

Postal Rate Commission, 1333 H Street,

NW., Suite 300, Washington, DC 20268–

0001, (202) 789–6820.

SUPPLEMENTARY INFORMATION: On June 5,

1997, the Commission issued Order No.

1180 exercising its authority under 39

U.S.C. 3623(b) to initiate a proceeding,

designated as Docket No. MC97–3, to

consider increasing the maximum

weight limitation applicable to the

bound printed matter subclass from 10

pounds to 15 pounds. This action was

taken in response to a joint filing by the

Advertising Mail Marketing Association,

the Association of American Publishers,

and the Direct Marketing Association.

On August 1, 1997, the Postal Service

filed testimony in support of the

proposed classification change,

contemporaneous with the filing of a

proposed stipulation and agreement.

Notice was published in the Federal

Register at 62 FR 32125–32128.

On September 4, 1997, the Postal Rate

Commission transmitted to the

Governors its Opinion and

Recommended Decision approving the

stipulation and agreement, which was

unopposed. The Decision of the

Governors of the United States Postal

Service on the Recommended Decision

of the Postal Rate Commission on

Bound Printed Matter Weight

Limitations, Docket No. MC97–3,

September 8, 1997, accepted the

Recommended Decision of the Postal

Rate Commission. Resolution No. 97–11

established October 5, 1997, as the

implementation date for changes

relating to Bound Printed Matter.

On June 6, 1997, the Postal Service,

pursuant to its authority under 39

U.S.C. 3621, et seq., filed a request with

the Postal Rate Commission for a

recommended decision on certain

limited changes affecting the

classifications and rates for Standard (A)

parcels. Contemporaneous with the

filing of the Request, the Postal Service

filed a Motion to Establish Procedural

Mechanisms Concerning Settlement

with an attached stipulation and

agreement.

On June 11, 1997, the Commission

issued Order No. 1184 designating this

filing as Docket No. MC97–4, Bulk

Parcel Return Service and Shipper-Paid

Forwarding Classifications and Fees,

outlining the Postal Service request,

allowing interested parties an

opportunity to intervene, designating

the Director of the Office of the

Consumer Advocate to represent the

interests of the general public, and

appointing the Service as settlement

coordinator. Notice was published in

the Federal Register at 62 FR 32832–

32837.

The Commission issued its

recommended decision on the Postal

Service Request on September 4, 1997.

The recommended decision adopted the

revised stipulation and agreement, filed

on August 12, 1997. The revised

agreement was signed by 9 of the 12

participants in this proceeding.

The Decision of the Governors of the

United States Postal Service on the

Recommended Decision of the Postal

Rate Commission on Bulk Parcel Return

Service and Shipper-Paid Forwarding,

Docket Nos. MC97–4 and C97–1,

October 6, 1997, accepted the

Recommended Decision of the Postal

Rate Commission. Resolution No. 97–15

established October 12, 1997, as the

effective date for implementation of

changes to the Bulk Parcel Return

Service; and January 4, 1998, as the

effective date for the changes related to

Shipper Paid Forwarding.

Regulatory Flexibility Act

Pursuant to 5 U.S.C. 605(b) of the

Regulatory Flexibility Act, the

Commission certifies that this

rulemaking is not expected to have a

significant economic impact on a

substantial number of small entities.

Accordingly, regulatory flexibility

analysis is not required.

List of Subjects in 39 CFR Part 3001

Administrative practice and

procedure, Confidential business

information, Freedom of information,

Postal Service, Sunshine Act.

For the reasons stated in the

preamble, 39 CFR part 3001 is amended

as follows:

PART 3001—RULES OF PRACTICE

AND PROCEDURE

1. The authority citation for part 3001

continues to read as follows:

Authority: 39 U.S.C. 404(b), 3603, 3622–

24, 3661, 3662.

Subpart C—Rules Applicable to

Requests for Establishing or Changing

the Mail Classification Schedule

2. Appendix A to Subpart C—Postal

Service Rates and Changes is amended

as follows:

a. Amend the Table of Contents by

adding Classification Schedule SS–21—

Bulk Parcel Return Service and

Classification Schedule SS–22—

Shipper-Paid Forwarding.

b. In section 322.31, remove the

number ‘‘10’’ and replace it with ‘‘15’’.

c. Revise section 353.1 to read as set

forth below.

d. Add new section 363 to read as set

forth below.

e. Amend section 2033 by adding,

after ‘‘450’’, the words ‘‘and schedules

SS–21 and SS–22’’.

f. Classification Schedules SS–21 and

SS–22 are added to read as set forth

below.

g. Add Rate Schedule SS–21 to read

as set forth below.

h. Amend Schedule 1000 by adding

after ‘‘Business Reply Mail Permit’’, a

new entry for ‘‘Authorization to Use

Bulk Parcel Return Service’’.

Appendix A to Subpart C—Postal

Service Rates and Changes

* * * * *

353.1 Single Piece, Regular,

Enhanced Carrier Route, Nonprofit and

Nonprofit Enhanced Carrier Route

Subclasses (section 321).

Undeliverable-as-addressed Standard

Mail mailed under section 321 will be

returned on request of the mailer, or

forwarded and returned on request of
Federal Register / Vol. 63, No. 139 /Tuesday, July 21, 1998 /Rules and Regulations 39031

the mailer. Undeliverable-as-addressed

combined First-Class and Standard

pieces will be returned as prescribed by

the Postal Service. Except as provided

in Schedule SS–21, the Single Piece

Standard rate is charged for each piece

receiving return only service. Except as

provided in Schedule SS–22, charges for

forwarding-and-return service are

assessed only on those pieces which

cannot be forwarded and are returned.

Except as provided in Schedules SS–21

and SS–22, the charge for those returned

pieces is the appropriate Single Piece

Standard rate for the piece plus that rate

multiplied by a factor equal to the

number of section 321 Standard pieces

nationwide that are successfully

forwarded for every one piece that

cannot be forwarded and must be

returned.

* * * * *

363 Regular and Nonprofit

Regular and Nonprofit subclass mail

will receive the following additional

services upon payment of the

appropriate fees.

Service Schedule

a. Bulk Parcel Return Service ...... SS–21

b. Shipper-Paid Forwarding .......... SS–22

* * * * *

Classification Schedule SS–21—Bulk

Parcel Return Service

21.01 Definition

21.010 Bulk Parcel Return Service

provides a method whereby highvolume parcel mailers may have

undeliverable-as-addressed machinable

parcels returned to designated postal

facilities for pickup by the mailer at a

predetermined frequency prescribed by

the Postal Service or delivered by the

Postal Service in bulk in a manner and

frequency prescribed by the Postal

Service.

21.02 Description of Service

21.020 Bulk Parcel Return Service is

available only for the return of

machinable parcels, as defined by the

Postal Service, initially mailed under

the following Standard Mail subclasses:

Regular and Nonprofit.

21.03 Requirements of the Mailer

21.030 Mailers must receive

authorization from the Postal Service to

use Bulk Parcel Return Service.

21.031 To claim eligibility for Bulk

Parcel Return Service at each facility

through which the mailer requests Bulk

Parcel Return Service, the mailer must

demonstrate receipt of 10,000 returned

machinable parcels at a given delivery

point in the previous postal fiscal year

or must demonstrate a high likelihood

of receiving 10,000 returned parcels in

the postal fiscal year for which the

service is requested. 21.032 Payment for Bulk Parcel

Return Service is made through advance

deposit account, or as otherwise

specified by the Postal Service. 21.033 Mail for which Bulk Parcel

Return Service is requested must bear

endorsements prescribed by the Postal

Service.

21.034 Bulk Parcel Return Service

mailers must meet the documentation

and audit requirements of the Postal

Service.

21.04 Other Services

21.040 The following services may

be purchased in conjunction with Bulk

Parcel Return Service:

Classification

schedule

a. Address Correction Service SS–1

b. Certificate of Mailing ............. SS–4

c. Shipper-Paid Forwarding ...... SS–22

21.05 Fee

21.050 The fee for Bulk Parcel

Return Service is set forth in Fee

Schedule SS–21.

21.06 Authorizations and Licenses

21.060 A permit fee as set forth in

Fee Schedule 1000 must be paid once

each calendar year by mailers utilizing

Bulk Parcel Return Service.

21.061 The Bulk Parcel Return

Service permit may be canceled for

failure to maintain sufficient funds in an

advance deposit account to cover

postage and fees on returned parcels or

for failure to meet the specifications of

the Postal Service.

Classification Schedule SS–22—

Shipper-Paid Forwarding

22.01 Definition

22.010 Shipper-Paid Forwarding

provides a method whereby mailers may

have undeliverable-as-addressed

machinable parcels forwarded at

Standard Mail Single Piece rates for up

to one year from the date that the

addressee filed a change-of-address

order. If the parcel, for which ShipperPaid Forwarding is elected, is returned,

the mailer will pay the appropriate

Standard Mail Single Piece rate, or the

Bulk Parcel Return Service fee, if that

service was elected.

22.02 Description of Service

22.020 Shipper-Paid Forwarding is

available only for the forwarding of

machinable parcels, as defined by the

Postal Service, initially mailed under

the following Standard Mail subclasses:

Regular and Nonprofit.

22.03 Requirements of the Mailer

22.030 Shipper-Paid Forwarding is

available only in conjunction with

automated Address Correction Service

in Schedule SS–1.

22.031 Mail for which Shipper-Paid

Forwarding is purchased must meet the

preparation requirements of the Postal

Service.

22.032 Payment for Shipper-Paid

Forwarding is made through advance

deposit account, or as otherwise

specified by the Postal Service.

22.033 Mail for which Shipper-Paid

Forwarding is requested must bear

endorsements prescribed by the Postal

Service.

22.04 Other Services

22.040 The following services may

be purchased in conjunction with

Shipper-Paid Forwarding:

Classification

schedule

a. Certificate of Mailing ............. SS–4

b. Bulk Parcel Return Service .. SS–21

22.05 Applicable Rates

22.050 Except as provided in

Schedule SS–21, Standard Mail Single

Piece Rates, set forth in Rate Schedule

321.1, apply to pieces forwarded or

returned in connection with ShipperPaid Forwarding.

* * * * *

Special services Description Fee

* * * * * * *

Schedule SS–21.

Bulk Parcel Return Service ........................ Per Returned Piece.
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).