3546 Federal Register / Vol. 60, No. 11 / Wednesday, January 18, 1995 / Rules and Regulations

preparation of a regulatory flexibility

analysis would constitute Federal

inquiry into the economic

reasonableness of State action. The

Clean Air Act forbids USEPA to base its

actions concerning SIPS on such

grounds. Union Electric Co. v. USEPA,

427 U.S. 246, 256–66 (S.Ct. 1976); 42

U.S.C. 7410(a)(2).

Under Section 307(b)(1) of the Clean

Air Act, petitions for judicial review of

this action must be filed in the United

States Court of Appeals for the

appropriate circuit by March 20, 1995.

Filing a petition for reconsideration by

the Administrator of this final rule does

not affect the finality of this rule for the

purposes of judicial review nor does it

extend the time within which a petition

for judicial review may be filed, and

shall not postpone the effectiveness of

such rule or action. This action may not

be challenged later in proceedings to

enforce its requirements. (See section

307(b)(2).)

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Incorporation by

reference, Reporting and recordkeeping

requirements, Sulfur oxides.

Note.—Incorporation by reference of the

State Implementation Plan for the State of

Minnesota was approved by the Director of

the Federal Register on July 1, 1982.

Dated: December 16, 1994.

Valdas V. Adamkus,

Regional Administrator.

Title 40 of the Code of Federal

Regulations, chapter I, part 52, is

amended as follows:

PART 52—APPROVAL AND

PROMULGATION OF

IMPLEMENTATION PLANS

1. The authority citation for part 52

continues to read as follows:

Authority: 42 U.S.C. 7401–7671q.

2. Section 52.1220 is amended by

adding paragraph (c)(38) to read as

follows:

§ 52.1220 Identification of plan.

* * * * *

(c) * * *

(38) On December 22, 1992 and

September 30, 1994, the State of

Minnesota submitted revisions to its

State Implementation Plans (SIPs) for

sulfur dioxide for the St. Paul Park area

of Air Quality Control Region (AQCR)

131.

(i) Incorporation by reference.

(A) For Ashland Petroleum Company,

located in St. Paul Park, Minnesota:

(1) An administrative order, dated and

effective December 15, 1992, submitted

December 22, 1992.

(2) Amendment One to the

administrative order, dated and effective

September 30, 1994, submitted

September 30, 1994.

(ii) Additional material.

(A) A letter from Charles Williams to

Valdas Adamkus dated December 22,

1992, with enclosures providing

technical support (e.g., computer

modeling) for the revision to the

administrative order for Ashland

Petroleum Company.

(B) A letter from Charles Williams to

Valdas Adamkus dated September 30,

1994, with enclosures, submitting

Amendment One to the administrative

order for Ashland Petroleum Company.

* * * * *

[FR Doc. 95–1083 Filed 1–17–95; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 180

[PP 2E4057/R2099; FRL–4929–9]

RIN 2070–AB78

Pesticide Tolerance for Glufosinate

Ammonium

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This document establishes a

time-limited tolerance for combined

residues of the herbicide glufosinate

ammonium, monoammonium 2-amino4-(hydroxymethylphosphinyl)butanoate,

and its metabolite, 3-

methylphosphinicopropionic acid

expressed as 2-amino-4-

(hydroxymethylphosphinyl)butanoic

acid equivalents, in or on the imported

raw agricultural commodity bananas at

0.3 part per million. (Not more than 0.2

ppm shall be present in the pulp after

the peel is removed.) Hoechst Celanese

Corp. (now AgrEVO Corp.) petitioned

for this regulation to establish a

maximum permissible level for

combined residues of the herbicide.

EFFECTIVE DATE: This regulation

becomes effective January 18, 1995.

ADDRESSES: Written objections,

identified by the document control

number, [PP 2E4057/R2099], 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: Joanne I. Miller, Product Manager

(PM) 23, Registration Division (7505C),

Office of Pesticide Programs,

Environmental Protection Agency, 401

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

Office location and telephone number:

Rm. 237, CM #2, 1921 Jefferson Davis

Hwy., Arlington, VA 22202, (703) 305–

7830.

SUPPLEMENTARY INFORMATION: In the

Federal Register of November 14, 1994

(59 FR 56452), EPA issued a proposed

rule that gave notice that the AgrEVO

Corp., Little Falls Center One, 2711

Centerville Rd., Wilmington, DE 19808,

had submitted pesticide petition (PP)

2E4057 to EPA. The petition requested

that the Administrator, pursuant to

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

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

346a(e), etablish a tolerance for

combined residues of the herbicide

glufosinate ammonium

(monoammonium 2-amino-4-

(hydroxymethylphosphinyl) butanoate)

and its metabolite, 3-

methylphosphinicopropionic acid, in or

on the imported raw agricultural

commodity bananas at 0.2 ppm. The

petition was subsequently amended to

raise the tolerance level to 0.3 ppm.

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 time-limited

tolerance will protect the public health.

Therefore, the time-limited tolerance is

established as set forth below.

Any person adversely affected by this

regulation 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
Federal Register / Vol. 60, No. 11 / Wednesday, January 18, 1995 / Rules and Regulations 3547

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: January 5, 1995.

Steven 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. In § 180.473, by revising paragraph

(b), to read as follows:

§ 180.473 Glufosinate ammonium;

tolerances for residues.

* * * *

*

(b)(1) A tolerance, to expire on

January 18, 2000, is established as

follows for combined residues of

glufosinate ammonium

(monoammonium 2-amino-4-

(hydroxymethylphosphinyl) butanoate)

and its metabolite 3-

methylphosphinicopropionic acid,

expressed as 2-amino-4-

(hydroxymethylphosphinyl)butanoic

acid equivalents.

Commodity Parts per million

Bananas ......... 0.3 (Not more than 0.2 ppm

shall be present in the

pulp after peel is removed).

(2) There are no U.S. registrations as

of August 24, 1994, for bananas.

[FR Doc. 95–933 Filed 1–17–95; 8:45 am]

BILLING CODE 6560–50–F

GENERAL SERVICES

ADMINISTRATION

41 CFR Part 101–37

[FPMR Amendment G–109]

RIN 3090–AF43

Government Aviation Administration

and Coordination

AGENCY: Federal Supply Service, GSA.

ACTION: Final rule.

SUMMARY: This regulation updates

policies and procedures concerning the

documentation, approval, and use of

Government aircraft. Specifically, the

rule places definitions in a single

subpart for ease of reference, reconciles

the standard aircraft program cost

elements with those contained in the

revised Office of Management and

Budget (OMB) Circular A–126 (May 22,

1992), updates subparts on cost recovery

methods and aviation program cost

effectiveness, and clarifies agency

Federal Aviation Management

Information System (FAMIS) reporting

requirements. This action is necessary

for compliance with the provisions of

OMB Circular A–126. Implementation

of this rule will minimize the cost and

improve the management and use of

Government aviation resources.

EFFECTIVE DATE: January 18, 1995.

FOR FURTHER INFORMATION CONTACT:

Larry Godwin, Aircraft Management

Division (FBA), Federal Supply Service,

General Services Administration,

Washington, DC 20406 (703–305–6399).

SUPPLEMENTARY INFORMATION: The

General Services Administration (GSA)

has determined that this rule is not a

significant rule for the purposes of

Executive Order 12866. The OMB

Circular A–126 requires the

Administrator of GSA to establish a

single coordinating office for aircraft

management to improve the

management of Government-owned and

operated aircraft. The responsibilities of

this Office include: (1) Coordinating the

development of effectiveness measures

and standards, policy, recommendation,

and guidance for the procurement,

operation, safety, and disposal of

civilian agency aircraft; (2) operating a

Government-wide aircraft management

information system; (3) identifying and

advising agencies and OMB of

opportunities to share, transfer, or

dispose of underutilized aircraft; to

reduce excessive aircraft operations and

maintenance costs; and to replace

obsolete aircraft; (4) providing technical

assistance to agencies in establishing

automated aircraft information and cost

accounting systems and in conducting

cost analysis, (5) developing generic

aircraft information system standards

and software; (6) reviewing proposed

agency internal aircraft policies for

compliance with OMB guidance and

notifying OMB of any discrepancies;

and (7) conducting an annual study of

the variable and fixed costs of operating

the different categories of Government

aircraft and disseminating the results for

use in making the cost comparisons and

reporting the trip costs.