Federal Register / Vol. 60, No. 55 / Wednesday, March 22, 1995 / Rules and Regulations 15069

of title V and part 70 solely for the purpose of providing a mechanism to

implement section 112(g) during any

transition period between EPA’s promulgation of a section 112(g) rule

and adoption by the State of rules to

implement section 112(g). However, since this approval is for the single purpose of providing a mechanism to

implement section 112(g) during any

transition period, the approval itself will be without effect if EPA decides in

the final section 112(g) rule that sources are not subject to the requirements of

the rule until State regulations are

adopted. The EPA is limiting the duration of this approval to 12 months

following promulgation by EPA of the

final section 112(g) rule.

III. Administrative Requirements A. Docket Copies of the State’s submittal and

other information relied upon for the

final interim approval, including public

comments received and reviewed by EPA on the proposal, are maintained in

a docket at the EPA Regional Office. The docket is an organized and complete file of all the information submitted to, or otherwise considered by, EPA in the development of this final interim

approval. The docket is available for public inspection at the location listed

under the ADDRESSES section of this document. B. Executive Order 12866 The Office of Management and Budget has exempted this action from Executive Order 12866 review. C. Regulatory Flexibility Act The EPA’s actions under section 502

of the Act do not create any new

requirements, but simply address operating permits programs submitted

to satisfy the requirements of 40 CFR

part 70. Because this action does not

impose any new requirements, it does not have a significant impact on a

substantial number of small entities. List of Subjects in 40 CFR Part 70 Environmental protection, Administrative practice and procedure, Air pollution control, Intergovernmental relations, Operating permits, Reporting

and recordkeeping requirements. Dated: March 14, 1995. William P. Yellowtail, Regional Administrator. Part 70, chapter I, title 40 of the Code of Federal Regulations is amended as

follows:

PART 70—[AMENDED] 1. The authority citation for part 70

continues to read as follows: Authority: 42 U.S.C. 7401, et seq. 2. Appendix A to part 70 is amended

by adding the entry for South Dakota in

alphabetical order to read as follows: Appendix A to Part 70—Approval Status of State and Local Operating Permits Programs

* * * * * South Dakota

(a) South Dakota Department of Environment and Natural Resources Division

of Environmental Regulation: submitted on November 12, 1993; effective on April 21, 1995; interim approval expires April 22, 1997. (b) Reserved.

[FR Doc. 95–7064 Filed 3–21–95; 8:45 am] BILLING CODE 6560–50–P

40 CFR Part 180

[OPP–300376A; FRL–4941–4] RIN 2070–AB78

Isopropyl Myristate; Tolerance Exemptions AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. SUMMARY: This document establishes exemptions from the requirement of a

tolerance for residues of isopropyl myristate when used as a solvent in

pesticide formulations. Technology Sciences Group, Inc., on behalf of Sumitomo Chemical Co., Ltd., requested

this regulation. EFFECTIVE DATE: This regulation

becomes effective March 22, 1995. ADDRESSES: Written objections, identified by the document control number, [OPP-300376A], 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 request

to: Rm. 1132, CM #2, 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. FOR FURTHER INFORMATION CONTACT: By mail: Amelia M. Acierto, Registration

Support Branch, Registration Division

(7505W), Office of Pesticide Programs, Environmental Protection Agency, 401 M St., SW., Washington, DC 20460. Office location and telephone number: 2800 Crystal Drive, North Tower, Arlington, VA 22202, (703)-308-8375. SUPPLEMENTARY INFORMATION: In the Federal Register of February 1, 1995 (60 FR 6053), EPA issued a proposed rule

that gave notice that Technological Sciences Group, Inc., Pesticide Division, Steuart Street Tower 2700, One Market Plaza, San Francisco, CA 94105-1475, had submitted pesticide petition (PP) 3E04245 to EPA requesting that the Administrator, pursuant to section

408(e) of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21 U.S.C. 346a(e), propose to amend 40 CFR

180.1001(c) and (e) by establishing

exemptions from the requirement of a

tolerance for isopropyl myristate when

used as a solvent in pesticide

formulations applied to growing crops, raw agricultural commodities, and

animals. Inert ingredients are all ingredients

that are not active ingredients as defined

in 40 CFR 153.125, and include, but are not limited to, the following types of

ingredients (except when they have a pesticidal efficacy of their own): solvents such as alcohols and

hydrocarbons; surfactants such as polyoxyethylene polymers and fatty

acids; carriers such as clay and

diatomaceous earth; thickeners such as carrageenan and modified cellulose; wetting, spreading, and dispersing

agents; propellants in aerosol dispensers; microencapsulating agents; and emulsifiers. The term ‘‘inert’’ is not

intended to imply nontoxicity; the

ingredient may or may not be

chemically active. There were no comments or requests

for referral to an advisory committee

received in response to the proposed

rule. The data submitted relevant to the proposal and other relevant material have been evaluated and discussed in

the proposed rule. Based on the data

and information considered, the Agency

concludes that the tolerance exemptions will protect the public health. Therefore, the tolerance exemptions are

established as set forth below. Any person adversely affected by this

regulation may, within 30 days after
15070 Federal Register / Vol. 60, No. 55 / Wednesday, March 22, 1995 / Rules and Regulations

publication of this document in the Federal Register, file written objections and/or request a hearing 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 a 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). Under Executive Order 12866 (58 FR

51735, Oct. 4, 1993), the Agency must

determine whether the regulatory action

is ‘‘significant’’ and therefore subject to

review by the Office of Management and Budget (OMB) and the requirements of

the Executive Order. Under section 3(f), the order defines a ‘‘significant regulatory action’’ as an action that is

likely to result in 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

referred to 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 the

rights and obligations of recipients

thereof; 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 the 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: March 9, 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. 2. Section 180.1001 is amended in

paragraphs (c) and (e) in the tables

therein by adding and alphabetically

inserting the inert ingredient, to read as

follows: § 180.1001 Exemptions from the

requirement of a tolerance. * * * * *

(c) * * *

Inert ingredients Limits Uses

* * * * * * *

Isopropyl myristate, CAS Reg. No. 110-27-0 ............... .............................................. Solvent

* * * * * * *

* * * * *

(e) * * *

Inert ingredients Limits Uses

* * * * * * *

Isopropyl myristate, CAS Reg. No. 110-27-0 ............... .............................................. Solvent

* * * * * * *
Federal Register / Vol. 60, No. 55 / Wednesday, March 22, 1995 / Rules and Regulations 15071

[FR Doc. 95–6930 Filed 3–21–95; 8:45 am] BILLING CODE 6560–50–F

FEDERAL EMERGENCY MANAGEMENT AGENCY

44 CFR Part 64

[Docket No. FEMA–7613] List of Communities Eligible for the Sale of Flood Insurance AGENCY: Federal Emergency Management Agency (FEMA). ACTION: Final rule. SUMMARY: This rule identifies communities participating in the National Flood Insurance Program

(NFIP). These communities have

applied to the program and have agreed

to enact certain floodplain management measures. The communities’ participation in the program authorizes

the sale of flood insurance to owners of property located in the communities

listed. EFFECTIVE DATES: The dates listed in the

third column of the table. ADDRESSES: Flood insurance policies for property located in the communities

listed can be obtained from any licensed

property insurance agent or broker serving the eligible community, or from

the NFIP at: Post Office Box 6464, Rockville, MD 20849, (800) 638–6620. FOR FURTHER INFORMATION CONTACT: Robert F. Shea, Jr., Division Director, Program Implementation Division, Mitigation Directorate, 500 C Street, SW., room 417, Washington, DC 20472, (202) 646–3619. SUPPLEMENTARY INFORMATION: The NFIP

enables property owners to purchase

flood insurance which is generally not otherwise available. In return, communities agree to adopt and

administer local floodplain management measures aimed at protecting lives and

new construction from future flooding. Since the communities on the attached

list have recently entered the NFIP, subsidized flood insurance is now

available for property in the community. In addition, the Director of the Federal Emergency Management Agency has identified the special flood hazard

areas in some of these communities by publishing a Flood Hazard Boundary Map (FHBM) or Flood Insurance Rate Map (FIRM). The date of the flood map, if one has been published, is indicated

in the fourth column of the table. In the

communities listed where a flood map

has been published, Section 102 of the Flood Disaster Protection Act of 1973, as amended, 42 U.S.C. 4012(a), requires

the purchase of flood insurance as a

condition of Federal or federally related

financial assistance for acquisition or construction of buildings in the special

flood hazard areas shown on the map. The Director finds that the delayed

effective dates would be contrary to the public interest. The Director also finds

that notice and public procedure under 5 U.S.C. 553(b) are impracticable and

unnecessary. National Environmental Policy Act. This rule is categorically excluded from

the requirements of 44 CFR Part 10, Environmental Considerations. No

environmental impact assessment has been prepared. Regulatory Flexibility Act. The Associate Director certifies that this rule will not have a significant economic

impact on a substantial number of small entities in accordance with the Regulatory Flexibility Act, 5 U. S. C. 601

et seq., because the rule creates no

additional burden, but lists those

communities eligible for the sale of

flood insurance. Regulatory Classification. This final 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. Paperwork Reduction Act. This rule does not involve any collection of

information for purposes of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. Executive Order 12612, Federalism. This rule involves no policies that have

federalism implications under Executive Order 12612, Federalism, October 26, 1987, 3 CFR, 1987 Comp., p. 252. Executive Order 12778, Civil Justice Reform. This rule meets the applicable

standards of section 2(b)(2) of Executive Order 12778, October 25, 1991, 56 FR

55195, 3 CFR, 1991 Comp., p. 309. List of Subjects in 44 CFR Part 64 Flood insurance, Floodplains. Accordingly, 44 CFR part 64 is amended as follows: PART 64—[AMENDED] 1. The authority citation for Part 64

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. § 64.6 [Amended] 2. The tables published under the

authority of § 64.6 are amended as

follows: Current Community Effective date of effective State/location Community No. Effective date of eligibility Current effective map date New Eligibles—Emergency Program

Georgia: Crisp County, unincorporated areas ............ 130504 February 3, 1995

Iowa: Alden, city of, Hardin County ............................ 190138 February 6, 1995 ....................................................... December 26, 1975. Kansas: Morganville, city of, Clay County ......................... 200055 ......do ........................................................................ December 20, 1974. Neosho County, unincorporated areas ................ 200598 ......do ........................................................................ November 1, 1977. Georgia: Ideal, city of Macon County ......................... 130520 February 10, 1995 Kentucky: Barren County, unincorporated areas ........ 210334 February 15, 1995 ..................................................... August 19, 1977. Missouri: Lexington, city of, Lafayette County .................... 290707 February 17, 1995 ..................................................... July 25, 1975. Richmond, city of, Ray County ............................ 290657 ......do ........................................................................ October 22, 1976. Washington: Skokomish Indian Tribe, Mason County 530326 ......do ........................................................................ Georgia: Guyton, city of, Effingham County ............... 130456 February 27, 1995 ..................................................... July 1, 1977. Regular Program Conversions Region VIII Colorado: Colorado Springs, city of, El Paso County 080060 February 2, 1995 suspension withdrawn .................. February 2, 1995.