Federal Register / Vol. 63, No. 141 /Thursday, July 23, 1998 /Rules and Regulations 39519

subpart Q of the Code of Federal

Regulations is amended as follows:

PART 63—[AMENDED]

1. The authority citation for part 63

continues to read as follows:

Authority: 42 U.S.C. 7401, et seq.

Subpart Q—National Emission

Standards for Hazardous Air Pollutants

for Industrial Process Cooling Towers

2. Section 63.404 is amended by

revising the introductory language and

paragraph (b), and by adding new

paragraphs (c) and (d) to read as follows:

§ 63.404 Compliance demonstrations.

No routine monitoring, sampling, or

analysis is required. In accordance with

section 114 of the Act, the

Administrator or delegated authority

can require cooling water sample

analysis of an IPCT if there is

information to indicate that the IPCT is

not in compliance with the

requirements of § 63.402 of this subpart.

The owner or operator of an IPCT may

demonstrate compliance through

recordkeeping in accordance with

paragraph (c) of this section in lieu of

a water sample analysis. If cooling water

sample analysis is required:

(a) * * *

(b) On or after 3 months after the

compliance date, a cooling water sample

residual hexavalent chromium

concentration equal to or less than 0.5

parts per million by weight shall

indicate compliance with § 63.402.

Alternatively, an owner or operator may

demonstrate compliance through record

keeping in accordance with paragraph

(c).

(c) To demonstrate compliance with

§ 63.402, in lieu of the water sample

analysis provided for in paragraph (a) of

this section, the owner or operator of

each IPCT may maintain records of

water treatment chemical purchases,

including invoices and other

documentation that includes invoices

and other documentation that includes

date(s) of purchase or shipment, trade

name or other information to identify

composition of the product, and

quantity of the product.

(d) Following a request, by the

Administrator or delegated authority,

under paragraph (a) for a water sample

analysis, failure to either meet the

concentration level specified in

paragraph (b) or provide the records

specified in paragraph (c) shall indicate

a violation of § 63.402.

[FR Doc. 98–19407 Filed 7–22–98; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 180

[OPP–300422A; FRL–5799–7]

RIN 2070–AB78

Capsaicin; Exemption from the

Requirement of a Tolerance

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This document establishes an

exemption from the requirement of a

tolerance for residues of Capsaicin in or

on all food commodities, when applied

in accordance with approved product

labeling and good agricultural practice.

This exemption from requirement of a

tolerance is being established by the

Agency on its own initiative, under the

Federal Food, Drug, and Cosmetic Act

(FFDCA) as amended by the Food

Quality Protection Act (FQPA) of 1996.

DATES: This regulation becomes

effective July 23, 1998. Written

objections and requests for hearings

must be received by September 21,

1998.

ADDRESSES: Written objections and

hearing requests, identified by the

docket control number [OPP–300422A],

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–

300422A], 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, CM #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 number [OPP–300422A]. No

Confidential Business Information (CBI)

should be submitted through e-mail.

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: Richard W. King, Biopesticides

and Pollution Prevention Division

(7511W), Office of Pesticide Programs,

Environmental Protection Agency, 401

M St. SW., Washington, DC 20460.

Office location, telephone number, and

e-mail address: 9th Floor (902W38), CM

#2, 1921 Jefferson Davis Hwy.,

Arlington, VA; (703) 308–8052, e-mail:

king.richard@epamail.epa.gov.

SUPPLEMENTARY INFORMATION: In the

Federal Register of May 1, 1996 (61 FR

19233) [OPP–300422; FRL–5362–9],

EPA proposed, pursuant to section

408(e) of the FFDCA, 21 U.S.C. 346a(d)

to amend 40 CFR part 180 by

establishing an exemption from the

requirement of a tolerance for Capsaicin

in or on all food commodities, when

applied in accordance with approved

product labeling and with good

agricultural practice. There were no

comments received in response to the

proposed rule. Since the date of this

proposal, FFDCA section 408 has been

significantly amended by the Food

Quality Protection Act of 1996 (FQPA).

The FQPA amended the safety standard

that applies to both tolerances and

exemptions from the requirement for

tolerance. Nonetheless, the legislative

history indicates that the same rigorous

safety standard EPA had always

imposed as to tolerance exemptions

should be the Agency’s guide in

implementing the new provision. On

this specific point, the House Commerce

Committee Report states:

The Committee understands that EPA

currently issues exemptions only for the

pesticide chemical residues that do not pose

a dietary risk under reasonably foreseeable

circumstances. The Committee intends that

EPA retain its current practice. H.Rep. 104-

669 part 2, 104th Cong., 2d Sess. 45 (1996).

Capsaicin clearly meets this standard.

Capsaicin and related capsaicinoids are

the ingredients that produce the

‘‘hotness’’ in certain species of peppers

in the Genus Capsicum. As noted in the

proposal, there are no known

toxicological concerns from the

ingestion of capsaicin and related

capsaicinoids. Residues of capsaicin on

food will not pose a dietary risk. Thus,

EPA concludes that, consistent with the

amended section 408, exempting
39520 Federal Register / Vol. 63, No. 141 /Thursday, July 23, 1998 /Rules and Regulations

capsaicin from the requirement is safe

in that there is a reasonable certainty

that no harm will result from aggregate

exposure to capsaicin. This finding

applies not only to the general

population but also to infants and

children as well. Further, EPA has

determined that a safety factor analysis

is not needed in making its conclusion

regarding the safety of capsaicin due to

the lack of toxicity of capsaicin. For this

reason, EPA concludes that this

exemption is safe for infants and

children without use of the additional

safety factor described in section

408(b)(2)(C). Accordingly, EPA

establishes an exemption from tolerance

for capsaicin as provided below.

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

EPA has established a record for this

rulemaking under docket control

number [OPP–300422A] (including any

comments and data submitted

electronically). A public version of this

record, including printed, paper

versions of electronic comments, which

does not include any information

claimed as CBI, is available for

inspection from 8:30 a.m. to 4 p.m.,

Monday through Friday, excluding legal

holidays. The public record is located in

Room 119 of the Public Information and

Records Integrity Branch, Information

Resources and Services Division

(7502C), Office of Pesticide Programs,

Environmental Protection Agency,

Crystal Mall #2, 1921 Jefferson Davis

Highway, Arlington, VA.

Electronic comments may be sent

directly to EPA at:

opp-docket@epamail.epa.gov.

Electronic comments must be

submitted as an ASCII file avoiding the

use of special characters and any form

of encryption. 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 address in

‘‘ADDRESSES’’ at the beginning of this

document.

III. Regulatory Assessment

Requirements

This action finalizes an exemption

from the tolerance requirement under

FFDCA section 408(e). 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 special 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 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.

804(2).

List of Subjects in 40 CFR Part 180

Environmental protection,

Administrative practice and procedure,

Agricultural commodities, Pesticides
Federal Register / Vol. 63, No. 141 /Thursday, July 23, 1998 /Rules and Regulations 39521

and pests, Reporting and recordkeeping

requirements.

Dated: July 10, 1998.

Anne E. Lindsay,

Acting 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 180.1165 is added to read

as follows:

§ 180.1165 Capsaicin; exemption from the

requirement of a tolerance.

Capsaicin is exempt from the

requirement of a tolerance in or on all

food commodities when used in

accordance with approved label rates

and good agricultural practice.

[FR Doc. 98–19652 Filed 7–22–98; 8:45 am]

BILLING CODE 6560–50–F

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 679

[Docket No. 971208297–8054–02; I.D.

071798A]

Fisheries of the Exclusive Economic

Zone Off Alaska; ‘‘Other Rockfish’’ in

the Central Regulatory Area of the Gulf

of Alaska

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Closure.

SUMMARY: NMFS is prohibiting retention

of ‘‘other rockfish’’ in the Central

Regulatory Area of the Gulf of Alaska

(GOA). NMFS is requiring that catch of

‘‘other rockfish’’ in this area be treated

in the same manner as prohibited

species and discarded at sea with a

minimum of injury. This action is

necessary because the amount of the

‘‘other rockfish’’ 1998 total allowable

catch (TAC) in this area has been

reached.

DATES: Effective 1200 hrs, Alaska local

time (A.l.t.), July 19, 1998, until 2400

hrs, A.l.t., December 31, 1998.

FOR FURTHER INFORMATION CONTACT:

Mary Furuness, 907–586-7228.

SUPPLEMENTARY INFORMATION: NMFS

manages the groundfish fishery in the

GOA exclusive economic zone

according to the Fishery Management

Plan for the Groundfish Fishery of the

Gulf of Alaska (FMP) prepared by the

North Pacific Fishery Management

Council under authority of the

Magnuson-Stevens Fishery

Conservation and Management Act.

Regulations governing fishing by U.S.

vessels in accordance with the FMP

appear at subpart H of 50 CFR part 600

and CFR part 679.

In accordance with § 679.20(c)(3)(ii),

the Final 1998 Harvest Specifications of

Groundfish for the GOA (63 FR 12027,

March 12, 1998) established the amount

of the 1998 ‘‘other rockfish’’ TAC in the

Central Regulatory Area of the GOA as

650 metric tons (mt).

In accordance with § 679.20(d)(2), the

Administrator, Alaska Region, NMFS,

has determined that the amount of the

‘‘other rockfish’’ TAC in the Central

Regulatory Area of the GOA has been

reached. Therefore, NMFS is requiring

that further catches of ‘‘other rockfish’’

in the Central Regulatory Area of the

GOA be treated as prohibited species in

accordance with § 679.21(b).

Classification

This action responds to the best

available information recently obtained

from the fishery. It must be

implemented immediately to prevent

overharvesting the amount of the ‘‘other

rockfish’’ TAC in the Central Regulatory

Area of the GOA. A delay in the

effective date is impracticable and

contrary to the public interest. The fleet

has taken the amount of the ‘‘other

rockfish’’ TAC in the Central Regulatory

Area. Further delay would only result in

overharvest. NMFS finds for good cause

that the implementation of this action

cannot be delayed for 30 days.

Accordingly, under 5 U.S.C. 553(d), a

delay in the effective date is hereby

waived.

This action is required by § 679.20

and is exempt from review under E.O.

12866.

Authority: 16 U.S.C. 1801 et seq.

Dated: July 17, 1998.

Richard W. Surdi,

Acting Director, Office of Sustainable

Fisheries, National Marine Fisheries Service.

[FR Doc. 98–19547 Filed 7–17–98; 4:20 pm]

BILLING CODE 3510–22–F