Federal Register / Vol. 60, No. 60 / Wednesday, March 29, 1995 / Rules and Regulations 16051

it had no objections to the approval of

Oklahoma’s proposed regulations

(administrative record No. OK–963.07).

4. State Historic Preservation Officer

(SHPO) and the Advisory Council on

Historic Preservation (ACHP)

Pursuant to 30 CFR 732.17(h)(4), OSM

solicited comments on the proposed

amendment from the SHPO and ACHP

(administrative record No. OK–963.02).

Neither SHPO nor ACHP responded to

OSM’s request.

V. Director’s Decision

Based on the above findings, the

Director approves Oklahoma’s proposed

amendment as submitted on September

14, 1994, and as revised on December

20, 1994.

The Director approves, as discussed

in: Finding No. 1, concerning

Oklahoma’s proposed recodification of

its coal mining rules; finding No. 2,

OAC 460:20–49–5(a)(1), 460:20–49–6,

and 460:20–49–7(5), concerning soil

removal, stockpiling, and replacement

requirements for prime farland; finding

No. 3, OAC 460:20–27–20(b), 460:20–

31–17(b), 460:20–43–53(1), and 460:20–

45–53(1), concerning primary road

certification requirements for road

systems and transportation facilities;

finding No. 4, OAC 460:20–43–12(b)(3)

and 460:20–45–12(b)(3), concerning

certification of construction of siltation

structures by qualified, registered

professional engineers and land

surveyors; finding No. 5, OAC 460:20–

43–12(f)(8), concerning sedimentation

pond storage volume; finding No. 6,

OAC 460:20–43–47 and –48, concerning

subsidence control and public notice;

and finding No. 7, OAC 460:20–45–28,

concerning protection of underground

mining.

The Director approves the rules as

proposed by Oklahoma with the

provision that they be fully promulgated

in identical form to the rules submitted

to and reviewed by OSM and the public.

The Federal regulations at 30 CFR

Part 936, codifying decisions concerning

the Oklahoma program, are being

amended to implement this decision.

This final rule is being made effective

immediately to expedite the State

program amendment process and to

encourage States to bring their programs

into conformity with the Federal

standards without undue delay.

Consistency of State and Federal

standards is required by SMCRA.

VI. Procedural Determinations

1. Executive Order 12866

This rule is exempted from review by

the Office of Management and Budget

(OMB) under Executive Order 12886

(Regulatory Planning and Review).

2. Executive Order 12778

The Department of the Interior has

conducted the reviews required by

section 2 of Executive Order 12778

(Civil Justice Reform) and has

determined that this rule meets the

applicable standards of subsections (a)

and (b) of that section. However, these

standards are not applicable to the

actual language of State regulatory

programs and program amendments

since each such program is drafted and

promulgated by a specific State, not by

OSM. Under sections 503 and 505 of

SMCRA (30 U.S.C. 1253 and 1255) and

the Federal regulations at 30 CFR

730.11, 732.15, and 732.17(h)(10),

decisions on proposed State regulatory

programs and program amendments

submitted by the States must be based

solely on a determination of whether the

submittal is consistent with SMCRA and

its implementing Federal regulations

and whether the other requirements of

30 CFR Parts 730, 731, and 732 have

been met.

3. National Environmental Policy Act

No environmental impact statement is

required for this rule since section

702(d) of SMCRA (30 U.S.C. 1292(d))

provides that agency decisions on

proposed State regulatory program

provisions do not constitute major

Federal actions within the meaning of

section 102(2)(C) of the National

Environmental Policy Act of 1969 (42

U.S.C. 4332(2)(C)).

4. Paperwork Reduction Act

This rule does not contain

information collection requirements that

require approval by OMB under the

Paperwork Reduction Act (44 U.S.C.

3507 et seq.).

5. Regulatory Flexibility Act

The Department of the Interior has

determined that this rule will not have

a significant economic impact on a

substantial number of small entities

under the Regulatory Flexibility Act (5

U.S.C. 601 et seq.). The State submittal

which is the subject of this rule is based

upon counterpart Federal regulations for

which an economic analysis was

prepared and certification made that

such regulations would not have a

significant economic effect upon a

substantial number of small entities.

Accordingly, this rule will ensure that

existing requirements previously

promulgated by OSM will be

implemented by the State. In making the

determination as to whether this rule

would have a significant economic

impact, the Department relied upon the

data and assumptions for the

counterpart Federal regulations.

List of Subjects in 30 CFR Part 936

Intergovernmental relations, Surface

mining, Underground mining.

Dated: March 25, 1995.

Charles E. Sandberg,

Acting Assistant Director, Western Support

Center.

For the reasons set out in the

preamble, Title 30, Chapter VII,

Subchapter T of the Code of Federal

Regulations is amended as set forth

below:

PART 936—OKLAHOMA

1. The authority citation for Part 936

continues to read as follows:

Authority: 30 U.S.C. 1201 et seq.

2. Section 936.15 is amended by

adding paragraph (p) to read as follows:

§ 936.15 Approval of amendments to the

Oklahoma regulatory program.

* * * * *

(p) Recodification of Oklahoma’s rules

and revisions to the following

provisions of Oklahoma’s recodified

rules, as submitted to OSM on

September 14, 1994, and as revised on

December 20, 1994, are approved

effective March 29, 1995:

OAC 460:20–43–12(b)(3) and 460:20–

45–12(b)(3), certification of

construction of siltation structures by

qualified, registered professional

engineers and land surveyors;

OAC 460: 20–43–12(f)(8), sedimentation

pond storage volume;

OAC 460: 20–43–47 and 48, subsidence

control for surface mining activities;

OAC 460: 20–43–53(1) and 460:20–45–

53(1), primary road certification

requirements for road systems and

transportation facilities;

OAC 460: 20–45–28, protection of

underground mining; and

OAC 460: 20–49–5(a)(1), 460: 20–49–6,

and 460:20–49–7(5), soil removal, soil

stockpiling, and soil replacement

requirements for prime farmland.

[FR Doc. 95–7697 Filed 3–28–95; 8:45 am]

BILLING CODE 4310–05–M
16052 Federal Register / Vol. 60, No. 60 / Wednesday, March 29, 1995 / Rules and Regulations

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Parts 185 and 186

[FAP 3H5673, 4H5695, 4H5696/R2119; FRL–

4942–9]

RIN 2070–AB78

Food and Feed Additive Regulations

for d-Limonene, Dihydro-5-Pentyl2(3H)-Furanone, and Dihydro-5-Heptyl2(3H)-Furanone

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This document establishes

food/feed additive regulations for

residues of the insecticides d-limonene,

dihydro-5-pentyl-2(3H)-furanone, and

dihydro-5-heptyl-2(3H)-furanone when

used as active ingredients in insectrepellent tablecloths and in insectrepellent strips used in food/feed

handling establishments. Rod Products

Co. requested these regulations.

EFFECTIVE DATE: These regulations

become effective March 29, 1995.

ADDRESSES: Written objections,

identified by the document control

number, [FAP 3H5673, 4H5695,

4H5696/R2119], 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 #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: Robert A. Forrest, Product

Manager (PM) 14, Registration Division

(7505C), Environmental Protection

Agency, 401 M St., SW., Washington,

DC 20460. Office location and telephone

number: Rm. 219, 1921 Jefferson Davis

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

6600; e-mail:

Forrest.Robert@epamail.epa.gov.

SUPPLEMENTARY INFORMATION: In the

Federal Register of February 8, 1995 (60

FR 7511), EPA issued a proposed rule

that gave notice that Rod Products Co.,

4600 Glencoe Ave., No. 4, Marina del

Rey, CA 90292-6363, had submitted to

EPA food/feed additive petitions (FAPs)

3H5673, 4H5695, and 4H5696, which

requested that the Administrator,

pursuant to section 409 of the Federal

Food, Drug, and Cosmetic Act (FFDCA),

21 U.S.C. 348, amend 40 CFR parts 185

and 186 by establishing regulations for

residues for d-limonene, dihydro-5-

pentyl-2(3H)-furanone, and dihydro-5-

heptyl-2(3H)-furanone when used as

active ingredients in insecticiderepellent tablecloths used in food/feedhandling establishments. The registrant

subsequently requested the addition of

insect repellent strips used in food/feed

handling establishments.

There were no comments or requests

for referral to an advisory committee

received in response to the proposed

rule.

The data submitted on 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 tolerances will

protect the public health. Therefore, the

tolerances are established as set forth

below.

Any person adversely affected by

these regulations may, within 30 days

after 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 Parts 185 and

186

Environmental protection,

Administrative practice and procedure,

Agricultural commodities, Food

additives, Feed additives, Pesticides and

pests, Reporting and recordkeeping

requirements.

Dated: March 22, 1995.

Daniel M. Barolo,

Director, Office of Pesticide Programs.

Therefore, chapter I of title 40 of the

Code of Federal Regulations is amended

as follows:

PART 185—[AMENDED]

1. In part 185:

a. The authority citation for part 185

continues to read as follows:
Federal Register / Vol. 60, No. 60 / Wednesday, March 29, 1995 / Rules and Regulations 16053

Authority: 21 U.S.C. 346a and 348.

b. By adding new §§ 185.1975,

185.1985, and 185.3775, to read as

follows:

§ 185.1975 Dihydro-5-heptyl-2(3H)-

furanone.

The food additive dihydro-5-heptyl2(3H)-furanone may be safely used in

accordance with the following

conditions:

(a) It is used in combination with the

active ingredients d-limonene and

dihydro-5-pentyl-2(3H)-furanone in

insect-repellent tablecloths and in

insect-repellent strips used in foodhandling establishments.

(b) To assure safe use of the

insecticide, its label and labeling shall

conform to that registered by the U.S.

Environmental Protection Agency, and

it shall be used in accordance with such

label and labeling.

§ 185.1985 Dihydro-5-pentyl-2(3H)-

furanone.

The food additive dihydro-5-pentyl2(3H)-furanone may be safely used in

accordance with the following

conditions:

(a) It is used in combination with the

active ingredients d-limonene and

dihydro-5-heptyl-2(3H)-furanone in

insect-repellent tablecloths and in

insect-repellent strips used in foodhandling establishments.

(b) To assure safe use of the

insecticide, its label and labeling shall

conform to that registered by the U.S.

Enviornmental Protection Agency, and

it shall be used in accordance with such

label and labeling.

§ 185.3775 d-Limonene.

The food additive d-limonene may be

safely used in accordance with the

following conditions:

(a) It is used with the active

ingredients dihydro-5-pentyl-2(3H)-

furanone and dihydro-5-heptyl-2(3H)-

furanone in insect-repellent tablecloths

and in insect-repellent strips used in

food-handling establishments.

(b) To assure safe use of the

insecticide, its label and labeling shall

conform to that registered by the U.S.

Environmental Protection Agency, and

it shall be used in accordance with such

label and labeling.

PART 186—[AMENDED]

2. In part 186:

a. The authority citation for part 186

continues to read as follows:

Authority: 21 U.S.C. 348.

b. By adding new §§ 186.1975,

186.1985, and 186.3775, to read as

follows:

§ 186.1975 Dihydro-5-heptyl-2(3H)-

furanone.

The feed additive dihydro-5-heptyl2(3H)-furanone may be safely used in

accordance with the following

conditions:

(a) It is used in combination with the

active ingredients d-limonene and

dihydro-5-pentyl-2(3H)-furanone in

insect-repellent tablecloths and in

insect-repellent strips used in feedhandling establishments.

(b) To assure safe use of the

insecticide, its label and labeling shall

conform to that registered by the U.S.

Environmental Protection Agency, and

it shall be used in accordance with such

label and labeling.

§ 186.1985 Dihydro-5-pentyl-2(3H)-

furanone.

The feed additive dihydro-5-pentyl2(3H)-furanone may be safely used in

accordance with the following

conditions:

(a) It is used in combination with the

active ingredients d-limonene and

dihydro-5-heptyl-2(3H)-furanone in

insect-repellent tablecloths and in

insect-repellent strips used in feedhandling establishments.

(b) To assure safe use of the

insecticide, its label and labeling shall

conform to that registered by the U.S.

Enviornmental Protection Agency, and

it shall be used in accordance with such

label and labeling.

§ 186.3775 d-Limonene.

The feed additive d-limonene may be

safely used in accordance with the

following conditions:

(a) It is used with the active

ingredients dihydro-5-pentyl-2(3H)-

furanone and dihydro-5-heptyl-2(3H)-

furanone in insect-repellent tablecloths

and in insect-repellent strips used in

feed-handling establishments.

(b) To assure safe use of the

insecticide, its label and labeling shall

conform to that registered by the U.S.

Environmental Protection Agency, and

it shall be used in accordance with such

label and labeling.

[FR Doc. 95–7715 Filed 3–28–95; 8:45 am]

BILLING CODE 6560–50–F

40 CFR Part 300

[FRL–5180–4]

Amendment to the National Oil and

Hazardous Substances Pollution

Contingency Plan (NCP); CERCLIS

Definition Change

AGENCY: Environmental Protection

Agency.

ACTION: Amendment to change

definition.

SUMMARY: The Environmental Protection

Agency (EPA) is adopting new

procedures for maintaining its

Comprehensive Environmental

Response, Compensation and Liability

Information System (CERCLIS).

CERCLIS is the data base and data

management system EPA uses to track

activities at sites considered for cleanup

under the Comprehensive

Environmental Response and Liability

Act (CERCLA) (also known as

Superfund).

Today’s document announces the

decision to remove from CERCLIS those

sites that EPA has decided do not

warrant further evaluation under

Superfund. We specifically include sites

that the Agency has given a designation

of ‘‘No Further Response Action

Planned’’ (NFRAP), to eliminate any

possible disincentive to purchase,

improve, redevelop, and revitalize sites,

related to inclusion on CERCLIS.

EFFECTIVE DATE: This rule is effective

March 29, 1995.

FOR FURTHER INFORMATION CONTACT:

Michael Cullen, Office of Program

Management, Office of Emergency and

Remedial Response (5201G), U.S.

Environmental Protection Agency, 401

M Street, SW., Washington, DC, 20460,

or the Superfund Hotline, phone (800)

424–9346, or (703) 412–9810 in the

Washington DC, metropolitan area.

SUPPLEMENTARY INFORMATION: Sites

given a NFRAP designation will now be

placed in a separate archived data base.

This document reflects these decisions

by instituting formal changes to the part

of EPA’s regulations known as the

National Oil and Hazardous Substances

Pollution Contingency Plan (NCP), 40

CFR part 300. Specifically, EPA is

changing the definition of CERCLIS,

found at 40 CFR 300.5, to provide that

NFRAP sites will be placed in a separate

archived data base that will also be

available to the public.

This amendment to the CERCLIS

definition also reflects the possibility

that, in the future, EPA may consider

archiving other categories of sites from

CERCLIS at which the Agency’s

Superfund program has no further

involvement.

Since these changes are matters

relating to internal Agency management,

there is no requirement for public notice

and opportunity to comment.

The NCP describes CERCLIS and

NFRAP in its ‘‘Definitions’’ section, 40

CFR 300.5. CERCLIS contains the

official inventory of potential CERCLA

sites and supports EPA’s site planning