3044 Federal Register / Vol. 64, No. 12 /Wednesday, January 20, 1999 /Rules and Regulations

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).

In addition, since these tolerances and

exemptions that are established under

FFDCA section 408 (l)(6), such as the

tolerances in this final rule, do 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.

B. Executive Order 12875

Under Executive Order 12875,

entitled Enhancing the

Intergovernmental Partnership (58 FR

58093, October 28, 1993), EPA may not

issue a regulation that is not required by

statute and that creates a mandate upon

a State, local, or tribal government,

unless the Federal government provides

the funds necessary to pay the direct

compliance costs incurred by those

governments. If the mandate is

unfunded, EPA must provide to OMB a

description of the extent of EPA’s prior

consultation with representatives of

affected State, local, and tribal

governments, the nature of their

concerns, copies of any written

communications from the governments,

and a statement supporting the need to

issue the regulation. In addition,

Executive Order 12875 requires EPA to

develop an effective process permitting

elected officials and other

representatives of State, local, and tribal

governments ‘‘to provide meaningful

and timely input in the development of

regulatory proposals containing

significant unfunded mandates.’’

Today’s rule does not create an

unfunded Federal mandate on State,

local, or tribal governments. The rule

does not impose any enforceable duties

on these entities. Accordingly, the

requirements of section 1(a) of

Executive Order 12875 do not apply to

this rule.

C. Executive Order 13084

Under Executive Order 13084,

entitled Consultation and Coordination

with Indian Tribal Governments (63 FR

27655, May 19,1998), EPA may not

issue a regulation that is not required by

statute, that significantly or uniquely

affects the communities of Indian tribal

governments, and that imposes

substantial direct compliance costs on

those communities, unless the Federal

government provides the funds

necessary to pay the direct compliance

costs incurred by the tribal

governments. If the mandate is

unfunded, EPA must provide to OMB,

in a separately identified section of the

preamble to the rule, a description of

the extent of EPA’s prior consultation

with representatives of affected tribal

governments, a summary of the nature

of their concerns, and a statement

supporting the need to issue the

regulation. In addition, Executive Order

13084 requires EPA to develop an

effective process permitting elected

officials and other representatives of

Indian tribal governments ‘‘to provide

meaningful and timely input in the

development of regulatory policies on

matters that significantly or uniquely

affect their communities.’’

Today’s rule does not significantly or

uniquely affect the communities of

Indian tribal governments. This action

does not involve or impose any

requirements that affect Indian tribes.

Accordingly, the requirements of

section 3(b) of Executive Order 13084

do not apply to this rule.

IX. 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

and pests, Reporting and recordkeeping

requirements.

Dated: December 23, 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 §180.472, by alphabetically

adding the following commodities to the

table in paragraph (b) to read as follows:

§ 180.472 Imidacloprid; tolerances for

residues.

* * * * *

(b) * * *

Commodity Parts per

million

Expiration/

Revocation

Date

* * * * *

Legume Vegetables.0.1 6/30/00

Strawberry ............. 1.0 6/30/00

* * * * *

* * * * *

[FR Doc. 99–1253 Filed 1–19–99; 8:45 am]

BILLING CODE 6560–50–F

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 185

Tolerances for Pesticides in Food

CFR Correction

In Title 40 of the Code of Federal

Regulations, parts 150 to 189, revised as

of July 1, 1998, on page 533, § 185.5000

was incorrectly published. The text,

with the correctly revised table and

reinstated effective date note, reads as

follows:
Federal Register / Vol. 64, No. 12 /Wednesday, January 20, 1999 /Rules and Regulations 3045

§ 185.5000 Propargite.

Tolerances are established for

residues of the insecticide propargite (2-

(p-tert-butylphenoxy)cyclohexyl 2-

propynyl sulfite) in or on the following

processed foods when present therein as

a result of the application of this

insecticide to growing crops:

Food Parts per

million

Figs, dried ..................................... 9

Hops, dried ................................... 30

Tea, dried ...................................... 10

[44 FR 38841, July 3, 1979. Redesignated at

53 FR 24667, June 29, 1988, as amended at

61 FR 12009, Mar. 22, 1996]

Effective Date Note: At 61 FR 12009, Mar. 22,

1996, in § 185.5000, the entries for ‘‘Figs,

dried’’ and ‘‘Tea, dried’’ were removed from

the table, effective May 21, 1996. At 61 FR

25154, May 20, 1996, those removals were

stayed indefinitely, effective May 21, 1996.

BILLING CODE 1505-01-D

FEDERAL EMERGENCY

MANAGEMENT AGENCY

44 CFR Part 65

[Docket No. FEMA–7268]

Changes in Flood Elevation

Determinations

AGENCY: Federal Emergency

Management Agency (FEMA).

ACTION: Interim rule.

SUMMARY: This interim rule lists

communities where modification of the

base (1% annual chance) flood

elevations is appropriate because of new

scientific or technical data. New flood

insurance premium rates will be

calculated from the modified base flood

elevations for new buildings and their

contents.

DATES: These modified base flood

elevations are currently in effect on the

dates listed in the table and revise the

Flood Insurance Rate Map(s) in effect

prior to this determination for each

listed community.

From the date of the second

publication of these changes in a

newspaper of local circulation, any

person has ninety (90) days in which to

request through the community that the

Associate Director for Mitigation

reconsider the changes. The modified

elevations may be changed during the

90-day period.

ADDRESSES: The modified base flood

elevations for each community are

available for inspection at the office of

the Chief Executive Officer of each

community. The respective addresses

are listed in the following table.

FOR FURTHER INFORMATION CONTACT:

Matthew B. Miller, P.E., Chief, Hazards

Study Branch, Mitigation Directorate,

500 C Street SW., Washington, DC

20472, (202) 646–3461.

SUPPLEMENTARY INFORMATION: The

modified base flood elevations are not

listed for each community in this

interim rule. However, the address of

the Chief Executive Officer of the

community where the modified base

flood elevation determinations are

available for inspection is provided.

Any request for reconsideration must

be based upon knowledge of changed

conditions, or upon new scientific or

technical data.

The modifications are made pursuant

to Section 201 of the Flood Disaster

Protection Act of 1973, 42 U.S.C. 4105,

and are in accordance with the National

Flood Insurance Act of 1968, 42 U.S.C.

4001 et seq., and with 44 CFR Part 65.

For rating purposes, the currently

effective community number is shown

and must be used for all new policies

and renewals.

The modified base flood elevations

are the basis for the floodplain

management measures that the

community is required to either adopt

or to show evidence of being already in

effect in order to qualify or to remain

qualified for participation in the

National Flood Insurance Program

(NFIP).

These modified elevations, together

with the floodplain management criteria

required by 44 CFR 60.3, are the

minimum that are required. They

should not be construed to mean that

the community must change any

existing ordinances that are more

stringent in their floodplain

management requirements. The

community may at any time enact

stricter requirements of its own, or

pursuant to policies established by other

Federal, State, or regional entities.

The changes in base flood elevations

are in accordance with 44 CFR 65.4.

National Environmental Policy Act.

This rule is categorically excluded from

the requirements of 44 CFR Part 10,

Environmental Consideration. No

environmental impact assessment has

been prepared.

Regulatory Flexibility Act. The

Associate Director for Mitigation

certifies that this rule is exempt from

the requirements of the Regulatory

Flexibility Act because modified base

flood elevations are required by the

Flood Disaster Protection Act of 1973,

42 U.S.C. 4105, and are required to

maintain community eligibility in the

NFIP. No regulatory flexibility analysis

has been prepared.

Regulatory Classification. This

interim rule is not a significant

regulatory action under the criteria of

Section 3(f) of Executive Order 12866 of

September 30, 1993, Regulatory

Planning and Review, 58 FR 51735.

Executive Order 12612, Federalism.

This rule involves no policies that have

federalism implications under Executive

Order 12612, Federalism, dated October

26, 1987.

Executive Order 12778, Civil Justice

Reform. This rule meets the applicable

standards of Section 2(b)(2) of Executive

Order 12778.

List of Subjects in 44 CFR Part 65

Flood insurance, Floodplains,

Reporting and recordkeeping

requirements.

Accordingly, 44 CFR part 65 is

amended to read as follows:

PART 65—[AMENDED]

1. The authority citation for part 65

continues to read as follows:

Authority: 42 U.S.C. 4001 et seq.;

Reorganization Plan No. 3 of 1978, 3 CFR,

1978 Comp., p. 329; E.O. 12127, 44 FR 19367,

3 CFR, 1979 Comp., p. 376.

§ 65.4 [Amended]

2. The tables published under the

authority of § 65.4 are amended as

follows:

State and county Location

Dates and name of newspaper where notice was

published

Chief executive officer of community Effective date of

modification

Community

No.

Arizona: Pima ....... City of Tucson ...... December 2, 1998, December 9, 1998, Arizona Daily Star.The Honorable George Miller, Mayor,

City of Tucson, P.O. Box 27210,

Tucson, Arizona 85726.

November 3, 1998 040076