Federal Register / Vol. 60, No. 237 / Monday, December 11, 1995 / Rules and Regulations 63437

Unfunded Mandates Reform Act of

1995

Under section 202 of the Unfunded

Mandates Reform Act of 1995

(‘‘Unfunded Mandates Act’’), signed

into law on March 22, 1995, EPA must

prepare a budgetary impact statement to

accompany any proposed or final rule

that includes a Federal mandate that

may result in estimated costs to State,

local, or tribal governments in the

aggregate, or to the private sector, of

$100 million or more. Under section

205, EPA must select the most costeffective and least burdensome

alternative that achieves the objectives

of the rule and is consistent with

statutory requirements. Section 203

requires EPA to establish a plan for

informing and advising any small

governments that may be significantly

or uniquely impacted by the rule.

EPA has determined that the approval

action promulgated today does not

include a Federal mandate that may

result in estimated costs of $100 million

or more to State, local, or tribal

governments in the aggregate, or to the

private sector. This Federal action

approves pre-existing requirements

under State or local law, and imposes

no new Federal requirements.

Accordingly, no additional costs to

State, local, or tribal governments, or to

the private sector, result from this

action.

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Carbon Monoxide,

Hydrocarbons, Incorporation by

Reference, Intergovernmental relations,

Lead, Nitrogen dioxide, Ozone,

Particulate matter, Reporting and

Recordkeeping requirements, Sulfur

oxides.

Dated: September 20, 1995.

Patrick M. Tobin,

Acting Regional Administrator.

Part 52 of chapter I, title 40, Code of

Federal Regulations, is amended as

follows:

PART 52—[AMENDED]

1. The authority citation for Part 52

continues to read as follows:

Authority: 42.U.S.C. 7401–7671q.

Subpart PP—South Carolina

2. Section 52.2120 is amended by

adding paragraph (c)(40) to read as

follows:

§ 52.2120 Identification of plan.

* * * * *

(c) * * *

(40) The minor source operating

permit program for South Carolina,

submitted by the Department of Health

and Environmental Control on July 12,

1995, and as part of the South Carolina

SIP.

(i) Incorporation by reference.

(A) Regulation 61–62.1, Section I.3,

13, 19, 50, 72, and 73, Section II.F.2,

Section II.F.2.e, Section II.G, and

Section II.H of the South Carolina SIP

which became effective on June 23,

1995.

(ii) Other material. None.

[FR Doc. 95–30110 Filed 12–8–95; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 180

[OPP–300406; FRL–4989–6]

RIN 2070–AB78

Carbofuran; Tolerance Extension for

Canola

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This rule extends a timelimited tolerance for residues of the

insecticide 2,3-dihydro-2,2-dimethyl-7-

benzofuranyl-N-methylcarbamate

(common name ‘‘carbofuran’’) and its

metabolites in or on canola at 1.0 part

per million (ppm) for an additional 1-

year period, to February 22, 1998. EPA

is issuing this rule on its own initiative

following a request from the U.S. Canola

Association to allow the use of

carbofuran on canola in the 1996

growing season.

EFFECTIVE DATE: This regulation

becomes effective December 11, 1995.

ADDRESSES: Written objections and

hearing requests, identified by the

document control number, [OPP300406], may be submitted to: Hearing

Clerk (1900), Environmental Protection

Agency, Rm. M3708, 401 M St., SW.,

Washington, DC 20460. A copy of any

objections and hearing requests filed

with the Hearing Clerk should be

identified by the document control

number and submitted to: Public

Response and Program Resources

Branch, Field Operations Division

(7506C), Office of Pesticide Programs,

Environmental Protection Agency, 401

M St., SW., Washington, DC 20460. In

person, bring copy of objections and

hearing requests to Rm. 1132, CM 1B2,

1921 Jefferson Davis Hwy., Arlington,

VA 22202. Fees accompanying

objections shall be labeled ‘‘Tolerance

Petition Fees’’ and forwarded to: EPA

Headquarters Accounting Operations

Branch, OPP (Tolerance Fees), P.O. Box

360277M, Pittsburgh, PA 15251.

An electronic copy of objections and

hearing requests filed with the Hearing

Clerk may be submitted to OPP by

sending electronic mail (e-mail) to:

opp-docket@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 file format

or ASCII file format. All copies of

electronic objections and hearing

requests must be identified by the

docket number [OPP-300406] . 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. Additional information on

electronic submissions can be found

below in this document.

FOR FURTHER INFORMATION CONTACT:By

mail: Dennis H. Edwards, Jr., Product

Manager (PM) 19, Registration Division

(7505C), Office of Pesticide Programs,

Environmental Protection Agency, 401

M St., SW., Washington, DC 20460.

Office location and telephone number:

Rm. 207, CM #2, 1921 Jefferson Davis

Hwy., Arlington, VA 22202, (703)-305-

6386; e-mail: edwards.dennis

@epamail.epa.gov.

SUPPLEMENTARY INFORMATION: EPA

issued a proposed rule, published in the

Federal Register of November 8, 1994

(59 FR 55605), which announced that

on its own initiative and under section

408(e) of the Federal Food, Drug, and

Cosmetic Act (FFDCA), 21 U.S.C.

346a(e), it proposed a time-limited,

regionally restricted tolerance for the

residues of carbofuran and its

metaboites in or on canola at 1.0 ppm.

EPA proposed the tolerance because

canola treated with carbofuran may not

be processed in the U.S. and must be

exported to Canada. A 2-year timelimited tolerance was established by a

rule in the Federal Register of February

22, 1995 (60 FR 9781), with an

expiration date of February 22, 1997.

Registrations associated with this

tolerance will be regionally restricted to

Idaho, Minnesota, Montana, North

Dakota, and Washington.

In Federal Register of October 25,

1995 (60 FR 54685), EPA issued a notice

of receipt of a request from the U.S.

Canola Association asking for a 1-year

extension of the canola tolerance. This

extension would then allow the use of

carbofuran on canola in the 1996

growing season. The use of carbofuran
63438 Federal Register / Vol. 60, No. 237 / Monday, December 11, 1995 / Rules and Regulations

on canola will remain regionally

restricted and time-limited because of a

concern for avian toxicity. The use is

extended for the 1996 growing season

only. The Agency expects to register an

alternative chemical in late 1995 for

early season control of the flea beetle.

This may be available in limited

quantities for the 1996 growing season,

and fully available thereafter.

The Interregional Research Project No.

4 (IR-4) plans to submit a petition for a

permanent tolerance for carbofuran on

canola in late 1995 or early 1996.

However, because of the known hazard

of carbofuran to birds and wildlife, EPA

will not establish a permanent tolerance

until the Agency has fully evaluated

risks to wildlife.

The data submitted on the proposal

and other relevant material have been

evaluated and discussed in the

proposed rule of November 8, 1994 (59

FR 55605). Based on that data and

information considered, the Agency

concludes that extension of the timelimited tolerance will continue to

protect the public health. Therefore, the

time-limited tolerance is extended for

an additional 1-year period.

Any person adversely affected by this

regulation may, within 30 days after

publication of this document in the

Federal Register, file written objections

to the 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 issue(s) on

which a hearing is requested, the

requestor’s contentions on such issues,

and a summary of any evidence relied

upon by the objector (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

issue(s) in the manner sought by the

requestor would be adequate to justify

the action requested (40 CFR 178.32).

EPA has established a record for this

rulemaking under docket number [OPP300406] (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 a.m. to 4:30 p.m.,

Monday through Friday, excluding legal

holidays. The public record is located in

Room 1132 of the Public Response and

Program Resources Branch, Field

Operations Division (7506C), Office of

Pesticide Programs, Environmental

Protection Agency, Crystal Mall 1B2,

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.

Under Executive Order 12866 (58 FR

51735, October 4, 1993), the Agency

must determine whether the regulatory

action is ‘‘significant’’ and therefore

subject to all the requirements of the

Executive Order (i.e., Regulatory Impact

Analysis, review by the Office of

Management and Budget (OMB)). Under

section 3(f), the order defines

‘‘significant’’ as those actions likely to

lead to a rule (1) having an annual effect

on the economy of $100 million or

more, or adversely and materially

affecting a sector of the economy,

productivity, competition, jobs, the

environment, public health or safety, or

State, local or tribal governments or

communities (also known as

‘‘economically significant’’); (2) creating

serious inconsistency or otherwise

interfering with an action taken or

planned by another agency; (3)

materially altering the budgetary

impacts of entitlement, grants, user fees,

or loan programs; or (4) raising novel

legal or policy issues arising out of legal

mandates, the President’s priorities, or

the principles set forth in this Executive

Order.

Pursuant to the terms of this

Executive Order, EPA has determined

that this rule is not ‘‘significant’’ and is

therefore not subject to OMB review.

Pursuant to the requirements of the

Regulatory Flexibility Act (Pub. L. 96-

354, 94 Stat. 1164, 5 U.S.C. 601-612),

the Administrator has determined that

regulations establishing new tolerances

or raising tolerance levels or

establishing exemptions from tolerance

requirements do not have a significant

economic impact on a substantial

number of small entities. A certification

statement to this effect was published in

the Federal Register of May 4, 1981 (46

FR 24950).

List of Subjects in 40 CFR Part 180

Environmental protection,

Administrative practice and procedure,

Agricultural commodities, Pesticides

and pests, Reporting and recordkeeping

requirements.

Dated: November 30, 1995.

Stephen L. Johnson,

Director, Registration Division, Office of

Pesticide Programs.

Therefore, 40 CFR part 180 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.

§ 180.254 [Amended]

2. In § 180.254 Carbofuran; tolerances

for residues, by amending paragraph (c)

in the introductory text by changing the

date ‘‘February 22, 1997’’ to read

‘‘February 22, 1998’’.

[FR Doc. 95–30115 Filed 12–6–95; 4:03 pm]

BILLING CODE 6560–50–F

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Health Care Financing Administration

42 CFR Part 411

[BPD–850–F]

Medicare Program; Physician SelfReferral Regulations: Change in Date

for Submission of Group Attestation

Statement

AGENCY: Health Care Financing

Administration (HCFA), HHS.

ACTION: Final rule—Technical

amendment.

SUMMARY: This final rule changes

(delays) the date by which a group of