2120 Federal Register / Vol. 61, No. 17 / Thursday, January 25, 1996 / Rules and Regulations

Economic Assessment and Certification

This final rule is issued with respect

to a military function of the Defense

Department and the provisions of

Executive Order 12866 do not apply.

These final rules have been reviewed

under the Regulatory Flexibility Act

(Pub. L. 96–354), which requires the

preparation of a regulatory flexibility

analysis for any regulation that will

have a significant economic impact on

a substantial number of small entities

(i.e., small businesses and small

governments). The Corps has

determined that the economic impact of

the changes to the restricted area will

have practically no impact on the

public, no anticipated navigational

hazard or interference with existing

waterway traffic and accordingly, no

significant economic impact on small

entities.

National Environmental Policy Act

Certification

An environmental assessment has

been prepared which concludes that the

proposed action will not have a

significant impact to the human

environment, and preparation of an

environmental impact statement is not

required. Copies of the environmental

assessment may be reviewed at the

Seattle District Office located at 4735

East Marginal Way South, Seattle,

Washington, 98134.

List of Subjects in 33 CFR Part 334

Navigation (water), Transportation,

Danger zones.

In consideration of the above, the

Corps is adopting without change, the

amendments to Part 334 of Title 33,

published as an interim final rule on

August 21, 1995, at 60 FR 43378 and

corrected on November 24, 1995 at 60

FR 57934.

Dated: January 23, 1996.

Approved:

Stanley G. Genega,

Major General, USA, Director of Civil Works.

[FR Doc. 96–1337 Filed 1–23–96; 11:44 am]

BILLING CODE 3710–92–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 180

[PP 3E4230/R2189; FRL–4987–5]

RIN 2070–AB78

Jojoba Oil; Tolerance Exemption

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This document establishes an

exemption from the requirement of a

tolerance for jojoba oil in or on all raw

agricultural commodities when applied

at not more than 1.0% of the final spray

as an insecticide or as a pesticide spray

tank adjuvant in accordance with good

agricultural practices. Amvac Chemical

Corp. submitted a petition pursuant to

the Federal Food, Drug and Cosmetic

Act (FFDCA) requesting the regulation

to establish an exemption from the

requirement of a tolerance.

EFFECTIVE DATE: This regulation

becomes effective January 25, 1996.

ADDRESSES: Written objections and

hearing requests, identified by the

document control number, [PP 3E4230/

R2189], may be submitted to: Hearing

Clerk (1900), Environmental Protection

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

Washington, DC 20460. Fees

accompanying objections and hearing

requests shall be labeled ‘‘Tolerance

Petition Fees’’ and forwarded to: EPA

Headquarters Accounting Operations

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

360277M, Pittsburgh, PA 15251. 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.

A copy of objections and hearing

requests filed with the Hearing Clerk

may also be submitted electronically by

sending electronic mail (e-mail) to: oppdocket@epamail.epa.gov. Copies of

objections and hearing requests must be

submitted as an ASCII file avoiding the

use of special characters and any form

of encryption. Copies of objections and

hearing requests will also be accepted

on disks in WordPerfect in 5.1 file

format or ASCII file format. All copies

of objections and hearing requests in

electronic form must be identified by

the docket number [PP 3E4230/R2189].

No Confidential Business Information

(CBI) should be submitted through email. Electronic copies of 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: Michael L. Mendelsohn,

Regulatory Action Leader, Biopesticides

and Pollution Prevention Division

(7501W), Office of Pesticide Programs,

Environmental Protection Agency, 401

M St. SW., Washington, DC 20460.

Office location and telephone number:

5th Floor, 2800 Crystal Drive, North

Tower, Arlington, VA 22202, (703)-308-

8715; e-mail:

mendelsohn.michael@epamail.epa.gov.

SUPPLEMENTARY INFORMATION: In the

Federal Register of October 25, 1995 (60

FR 54637), EPA issued a proposed rule

that gave notice that Amvac Chemical

Corp., 2110 Davie Ave., City of

Commerce, CA 90040, had submitted

pesticide petition (PP) 3E4230 to EPA

requesting that the Administrator,

pursuant to section 408(e) of the

FFDCA, 21 U.S.C. 346a(e), amend 40

CFR part 180 by establishing an

exemption from the requirement of a

tolerance for simmondsia liquid wax

(jojoba oil) and the product Detur for

use as an inert ingredient in pesticide

formulations applied to growing crops

or to raw agricultural commodities after

harvest. Subsequent to its petition,

Amvac informed EPA that it had

transferred all Detur assets to Imperial

Jojoba Oils of El Centro, CA. EPA has,

of its own initiative, expanded the

original petition to include pesticidal

uses of jojoba oil in this proposed

exemption from the requirement of a

tolerance.

There were no comments or requests

for referral to an advisory committee

received in response to the proposed

rule.

The data submitted with 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 exemption

will protect the public health.

Therefore, the tolerance exemption 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

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,
Federal Register / Vol. 61, No. 17 / Thursday, January 25, 1996 / Rules and Regulations 2121

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).

A record has been established for this

rulemaking under docket number [PP

3E4230/R2189] (including any

objections and hearing requests

submitted electronically as described

below). 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 #2, 1921 Jefferson Davis

Highway, Arlington, VA.

Written objections and hearing

requests, identified by the document

control number [PP 3E4230/R2189],

may be submitted to the Hearing Clerk

(1900), Environmental Protection

Agency, Rm. 3708, 401 M St. SW.,

Washington, DC 20460.

A copy of electronic objections and

hearing requests filed with the Hearing

Clerk can be sent directly to EPA at:

opp-Docket@epamail.epa.gov

A copy of electronic objections and

hearing requests filed with the Hearing

Clerk 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 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 objections and hearing

requests 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, 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 16, 1996.

Daniel M. Barolo,

Director, 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 subpart D, by adding new

§ 180.1160, to read as follows:

§ 180.1160 Jojoba oil; exemption from the

requirement of a tolerance.

The insecticide and spray tank

adjuvant jojoba oil is exempted from the

requirement of a tolerance in or on all

raw agricultural commodities when

applied at the rate of 1.0% or less of the

final spray in accordance with good

agricultural practices, provided the

jojoba oil does not contain simmondsin,

simmondsin-2-ferulate, and related

conjugated organonitriles including

demethyl simmondsin and

didemethylsimmondsin.

[FR Doc. 96–1211 Filed 1–24–96; 8:45 am]

BILLING CODE 6560–50–F

GENERAL SERVICES

ADMINISTRATION

41 CFR Part 101–20

[FPMR Amendment D–94]

RIN 3090–AF90

Tobacco Vending

AGENCY: General Services

Administration.

ACTION: Final rule.

SUMMARY: General Services

Administration’s Appropriations Act,

Public Law 104–52, Section 636,

referred to as the ‘‘Prohibition of

Cigarette Sales to Minors in Federal

Buildings and Land Act,’’ requires the

Administrator of General Services to

promulgate regulations that prohibit the

sale of tobacco products in vending

machines and the distribution of free

samples of tobacco products in

Government-owned and leased space

under the custody and control of the

GSA. GSA intends to have tobaccoproduct vending machines removed

from Government property.

EFFECTIVE DATE: January 25, 1996.

FOR FURTHER INFORMATION CONTACT:

Dan Shipley, (202) 501–1968.

SUPPLEMENTARY INFORMATION: The

General Services Administration (GSA)

has determined that this rule is not a

significant regulatory action for the

purposes of Executive Order 12866.

The Paperwork Reduction Act does

not apply because the revisions do not

impose record keeping or information

collection requirements, or collections

of information from offerors,

contractors, or members of the public

which require the approval of the Office

of Management and Budget under

U.S.C. 3501, et seq. This rule is not

required to be published in the Federal

Register for notice and comment.

Therefore, the Regulatory Flexibility Act

does not apply.