20738 Federal Register / Vol. 61, No. 90 / Wednesday, May 8, 1996 / Rules and Regulations

9 58 FR 51736 (October 4, 1993). 10 Id. at section 3(f) (1)–(4).

evaporated. EPA believes that changing

the federal summertime minimum RVP

standard to 6.4 psi in California will

permit necessary flexibility for

producers, is supportable as a

reasonable extension of the model based

on consistency with the complex model,

will result in no environmental harm,

and will not adversely affect automotive

driveability.

IV. Environmental Impact

This rule is expected to have no

negative environmental impact.

Applicable controls on maximum

volatility during the VOC control period

are not affected by this rule. If anything,

this revision will make it more feasible

to produce lower limit RVP gasoline,

which produces fewer motor vehicle

VOC emissions.

V. Economic Impact

The Regulatory Flexibility Act, 5

U.S.C. 601–612, requires that Federal

Agencies examine the impacts of their

regulations on small entities. The act

requires an Agency to prepare a

regulatory flexibility analysis in

conjunction with notice and comment

rulemaking, unless the Agency head

certifies that the rule will not have a

significant impact on a substantial

number of small entities. 5 U.S.C.

605(b). The Administrator certifies that

this rule will not have a significant

impact on a substantial number of small

entities. This rule is not expected to

result in any additional compliance cost

to regulated parties and may be

expected to reduce compliance cost.

VI. Effective Date

This action will become effective July

8, 1996. If notice of adverse comment is

received, EPA will withdraw this final

rule, and a timely notice will be

published in the Federal Register. See

‘‘DATES’’ section, above.

VII. Executive Order 12866

Under Executive Order 12866, 9 the

Agency must determine whether a

regulation is ‘‘significant’’ and therefore

subject to OMB review and the

requirements of the Executive Order.

The Order defines ‘‘significant

regulatory action’’ as one that is likely

to result in a rule that may:

(1) Have an annual effect on the

economy of $100 million or more, or

adversely affect in a material way the

economy, a sector of the economy,

productivity, competition, jobs, the

environment, public health or safety, or

State, local or tribal governments of

communities;

(2) Create a serious inconsistency or

otherwise interfere with an action taken

or planned by another agency;

(3) Materially alter the budgetary

impact of entitlements, grants, user fees,

or loan programs or the rights and

obligations of recipients thereof, or

(4) Raise novel legal or policy issues

arising out of legal mandates, the

President’s priorities, or the principles

set forth in this Executive Order.10

It has been determined that this rule

is not a ‘‘significant regulatory action’’

under the terms of Executive Order

12866 and is therefore not subject to

OMB review.

VIII. Unfunded Mandates

Under Section 202 of the Unfunded

Mandates Reform Act of 1995

(‘‘UMRA’’), P.L. 104–4, EPA must

prepare a budgetary impact statement to

accompany any general notice of

proposed rulemaking or final rule that

includes a Federal mandate which 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, for any rule

subject to Section 202 EPA generally

must select the least costly, most costeffective, or least burdensome

alternative that achieves the objectives

of the rule and is consistent with

statutory requirements. Under Section

203, before establishing any regulatory

requirements that may significantly or

uniquely affect small governments, EPA

must take steps to inform and advise

small governments of the requirements

and enable them to provide input.

EPA has determined that the final rule

promulgated today does not include a

federal mandate as defined in UMRA.

The rule does not include a Federal

mandate that may result in estimated

annual costs to State, local or tribal

governments in the aggregate, or to the

private sector, of $100 million or more,

and it does not establish regulatory

requirements that may significantly or

uniquely affect small governments.

List of Subjects in 40 CFR Part 80

Environmental protection, Air

pollution control, Gasoline,

Reformulated gasoline, Motor vehicle

pollution.

Dated: May 1, 1996.

Carol M. Browner,

Administrator.

40 CFR part 80 is amended as follows:

PART 80—REGULATION OF FUELS

AND FUEL ADDITIVES

1. The authority citation for part 80

continues to read as follows:

Authority: Sections 114, 211 and 301(a) of

the Clean Air Act as amended (42 U.S.C.

7414, 7545, and 7601(a)).

2. Section 80.42 is amended by

revising the table in paragraph (c)(1) to

read as follows:

§ 80.42 Simple emissions model.

* * * * *

(c) * * *

(1) * * *

Fuel parameter Range

Benzene content ............. 0.0–4.9 vol %.

RVP ................................. 6.6–9.0 psi.1

Oxygenate content .......... 0–4.0 wt %.

Aromatics content ............ 0–55 vol %.

1For gasoline sold in California, the applicable RVP range shall be 6.4–9.0 psi.

* * * * *

[FR Doc. 96–11331 Filed 5–7–96; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Parts 89 and 90

[FRL–5502–5]

Reduced Certification Reporting

Requirements for New Nonroad

Engines

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: This direct final rule revises

certification requirements for new

nonroad spark-ignition engines at or

below 19 kilowatts, and new nonroad

compression-ignition engines at or

above 37 kilowatts, by reducing the

reporting burden associated with the

application for certification.

DATES: This final action will become

effective on July 8, 1996 unless notice

is received by June 7, 1996 that any

person wishes to submit adverse

comments. Should EPA receive such

notice, EPA will publish a subsequent

action in the Federal Register

withdrawing all or part of this final

action.

ADDRESSES: Written comments should

be submitted (in duplicate, if possible)

to: EPA Air and Radiation Docket,

Attention Docket No. A–95–57, room

M–1500 (mail code 6102), 401 M St.,

S.W., Washington, D.C. 20460. Materials

relevant to this rulemaking are

contained in docket No. A–95–57, and

may be viewed from 8:30 a.m. until 5:30

p.m. weekdays. The docket may also be
Federal Register / Vol. 61, No. 90 / Wednesday, May 8, 1996 / Rules and Regulations 20739

1 60 FR 34584, July 3, 1995.

2 59 FR 31306, June 17, 1994.

reached by telephone at (202) 260–7548.

As provided in 40 CFR part 2, a

reasonable fee may be charged by EPA

for photocopying. Those wishing to

notify EPA of their intent to submit

adverse comments on this action should

contact Laurel Horne, U.S.

Environmental Protection Agency, 2565

Plymouth Road, Ann Arbor, MI 48105.

FOR FURTHER INFORMATION CONTACT:

Laurel Horne, (313) 741–7803.

SUPPLEMENTARY INFORMATION:

I. Obtaining Electronic Copies of

Documents

Electronic copies of the preamble and

the regulatory text of this direct final

rulemaking are available electronically

from the EPA internet site and via dialup modem on the Technology Transfer

Network (TTN), which is an electronic

bulletin board system (BBS) operated by

EPA’s Office of Air Quality Planning

and Standards. Both services are free of

charge, except for your existing cost of

internet connectivity or the cost of the

phone call to TTN. Users are able to

access and download files on their first

call using a personal computer and

modem per the following information.

Internet:

World Wide Web:

http://www.epa.gov/OMSWWW

Gopher:

gopher://gopher.epa.gov/ Follow

menus for: Offices/Air/OMS

FTP:

ftp://ftp.epa.gov/ Change Directory to

pub/gopher/OMS TTN BBS: 919–

541–5742

(1200–14400 bps, no parity, 8 data

bits, 1 stop bit)

Voice Helpline: 919–541–5384. Off-line:

Mondays from 8:00 AM to 12:00

noon EST.

A user who has not called TTN

previously will first be required to

answer some basic informational

questions for registration purposes.

After completing the registration

process, proceed through the following

menu choices from the Top Menu to

access information on this rulemaking.

<T> GATEWAY TO TTN TECHNICAL

AREAS (Bulletin Boards)

<M> OMS—Mobile Sources Information

<K> Rulemaking and Reporting

<6> Non-Road

<2> Non-road Engines

At this point, the system will list all

available files in the chosen category in

reverse chronological order with brief

descriptions. To download a file, select

a transfer protocol that is supported by

the terminal software on your own

computer, then set your own software to

receive the file using that same protocol.

If unfamiliar with handling

compressed (i.e. ZIP’ed) files, go to the

TTN top menu, System Utilities

(Command: 1) for information and the

necessary program to download in order

to unZIP the files of interest after

downloading to your computer. After

getting the files you want onto your

computer, you can quit the TTN BBS

with the <G>oodbye command.

Please note that due to differences

between the software used to develop

the document and the software into

which the document may be

downloaded, changes in format, page

length, etc. may occur.

II. Introduction and Background

On July 3, 1995, EPA published

emission standards for new nonroad

spark-ignition engines at or below 19

kilowatts (hereinafter referred to as

small SI engines).1 Emission standards

for new nonroad compression-ignition

engines at or above 37 kilowatts

(hereinafter referred to as large CI

engines) were published on June 17,

1994.2 Under both sets of standards,

engine manufacturers must obtain from

the Administrator a certificate of

conformity covering each engine family

introduced into U.S. commerce. To

obtain a certificate of conformity, engine

manufacturers must submit an

application comprised of information,

specified by regulation, demonstrating

that emission standards will be met.

Today’s action lessens the reporting

burden associated with certification and

allows EPA to exercise some flexibility

in implementing the certification

process for small SI and large CI

engines.

III. Requirements of This Direct Final

Rulemaking

EPA is revising language in

§§ 89.115–96, 90.107, and 90.118 to

streamline the reporting requirements

associated with applications for engine

certification. EPA believes that these

revisions will in no way impede the

ability of the Administrator to

determine compliance with the

applicable requirements of this

regulation, and that the information

required under today’s rulemaking will

be sufficient to establish to the

satisfaction of the Administrator that

engines conform to applicable

requirements and thus may be issued

certificates of conformity.

A. Test Engine Operating Cycle, Service

Accumulation, and Maintenance

EPA is revising paragraph (d)(5) of

§ 90.107, which requires the engine

manufacturer to submit a description of

the operating cycle and service

accumulation period necessary to breakin the test engine(s) and stabilize

emission levels, and any maintenance

scheduled. EPA is deleting the

provision that requires the engine

manufacturer to submit a description of

the operating cycle used to break-in the

test engine(s) and any maintenance

scheduled. Similar information is

already required to be kept for each

certification test engine by § 90.121(a)(3)

(i), (ii) and (iii), including a description

of the test engine’s construction, the

method used for engine service

accumulation, and all maintenance

performed. EPA believes it is sufficient

that this information is readily available

under § 90.121(a)(3) if needed, and

believes that it is not necessary to

require it to be submitted with an

application for certification.

Accordingly, EPA is also revising

§ 90.118(d) to indicate that the engine

manufacturer must provide records

about service accumulation to the

Administrator only if requested. Note,

however, that the § 90.107(d)(5)

provision requiring that the engine

manufacturer submit the service

accumulation period necessary to breakin the test engine(s) and stabilize

emission levels is retained.

Similarly, EPA is deleting the

provision in § 89.115–96(d)(5) that

requires the engine manufacturer to

submit a description of the operating

cycle used to break-in the test engine(s),

as that information is already required

to be kept for each certification test

engine by § 89.124–96(a)(2) (i), (ii) and

(iii). But EPA is retaining the

requirement of § 89.115–96(d)(5) that

the engine manufacturer submit the

period of operation necessary to

accumulate service hours on test

engines and stabilize emission levels.

B. Maintenance Instructions

EPA is deleting the provision in

§ 90.107(d)(7) that requires

manufacturers to submit the proposed

maintenance instructions furnished to

the ultimate purchaser of each new

small engine. As there is no

promulgated useful life period or in-use

standard established in this initial phase

of the small SI engine emission

reduction program, EPA does not

believe it is appropriate to require

manufacturers to submit this

information.
20740 Federal Register / Vol. 61, No. 90 / Wednesday, May 8, 1996 / Rules and Regulations

3See EPA Air Docket No. A–93–25, items IV–D–

07, IV–D–20, and IV–D–22A, respectively.

C. Abbreviated or Streamlined

Certification

EPA is adding new subsections (f) to

§ 89.115–96, and (g) to § 90.107, that

authorize the Administrator to modify

the certification application information

submission requirements. EPA believes

that it is appropriate to require

manufacturers to collect and maintain

the application information specified in

§§ 89.115–96(d) and 90.107(d), but that

it should not be necessary for

manufacturers to submit this

information in all cases unless

specifically requested. Authority to

modify information submission

requirements will allow EPA to exercise

some flexibility in designing and

implementing the certification process

for small SI and large CI engines. When

the Agency exercises its authority to

modify the information submission

requirements, it will provide

manufacturers with a guidance

document, similar to manufacturer

guidance issued under the on-highway

program, that explains the

modification(s).

During the comment period on the

recent small SI engine proposal, EPA

received comments from the Engine

Manufacturers Association (EMA),

Outdoor Power Equipment Institute

(OPEI), and the Portable Power

Equipment Manufacturers Association

(PPEMA) 3 requesting that EPA

harmonize its certification application

requirements with the California Air

Resources Board (CARB) in order to ease

the paperwork burden on small SI

engine manufacturers. A single identical

application acceptable to both EPA and

CARB was the preferred approach to

EMA and OPEI, while PPEMA favored

EPA acceptance of certification by

CARB. The language being added to

§ 90.107(g)(1) (as well as to § 89.115–

96(f)(1)) will allow EPA to streamline

application requirements for federal

jurisdiction and 49 state certification

applicants, and, where EPA finds that it

is appropriate, to accept the CARB

certification application. Although EPA

anticipates that in most cases it will find

it appropriate to accept the CARB

certification application, the Agency

reserves the right to deny such

acceptance. For example, significant

variations in test procedures may be

sufficient reason for the Agency not to

accept the CARB certification

application. In addition, EPA recognizes

that CARB may revise its certification

application in the future; EPA may not

find it appropriate to accept such a

revised CARB certification application.

In no case does EPA acceptance of a

CARB certification application indicate

that EPA necessarily will grant a

certificate of conformity.

The new subsections also clarify the

recordkeeping requirements of § 89.124–

96 and § 90.121 in regard to certification

application records that a manufacturer

is required to have available but is not

required to submit, and the

Administrator’s right to review such

records. Under new §§ 89.115–96(f)(2)

and 90.107(g)(2), manufacturers must

retain records that comprise the

certification application whether or not

EPA requires that all such records be

submitted to EPA at the time of

certification. New §§ 89.115–96(f)(3)

and 90.107(g)(3) clarify the

Administrator’s right to review records

at any time and at any place designated

by the Administrator.

IV. Public Participation and Effective

Date

EPA is publishing this action as a

direct final rule because it views the

changes contained herein as

noncontroversial and anticipates no

adverse or critical comments. This

direct final rule alters existing

provisions by reducing the certification

reporting burden and allowing more

flexibility in certification reporting

requirements. Engine manufacturers

should not take issue since they favor a

lessened reporting burden in the

certification program. Environmental

groups and state and local governments

should not take issue since the rule will

not affect the emission reductions

associated with small SI or large CI

engine emission standards, nor will it

affect adversely EPA’s enforcement

authority.

This action will be effective on July 8,

1996 unless EPA is notified by June 7,

1996 that adverse or critical comment

will be submitted. EPA requests that,

should any adverse or critical comments

be submitted, they be submitted

according to the specific issues as

identified below:

(a) Test Engine Operating Cycle, Service

Accumulation, and Maintenance

(b) Maintenance Instructions

(c) Abbreviated or Streamlined

Certification

Should EPA receive such notice of

intent to submit adverse or critical

comment on a specific issue identified

above, EPA will publish an action

withdrawing the provisions of this final

action corresponding to that specific

issue, and all adverse comments

received will be addressed in a

subsequent final rule based on a

proposed rule that is published in the

proposed rule section of today’s Federal

Register.

IV. Administrative Requirements

A. Administrative Designation

Under Executive Order 12866 (58 FR

51735 (October 4, 1993)), EPA must

determine whether a regulatory action is

‘‘significant’’ and therefore subject to

OMB review and the requirements of

the executive order. The order defines

‘‘significant regulatory action’’ as one

that is likely to result in a rule that may:

(1) have an annual effect on the

economy of $100 million or more or

adversely affect in a material way the

economy, a sector of the economy,

productivity, competition, jobs, the

environment, public health or safety, or

state, local, or tribal governments or

communities;

(2) create a serious inconsistency or

otherwise interfere with an action taken

or planned by another agency;

(3) materially alter the budgetary

impact of entitlement, grants, user fees,

or loan programs or the rights and

obligations of recipients thereof;

(4) raise novel legal or policy issues

arising out of legal mandates, the

President’s priorities, or the principles

set forth in the order.

EPA has determined that this rule is

not a ‘‘significant regulatory action’’

under the terms of Executive Order

12866 and is therefore not subject to

OMB review.

B. Paperwork Reduction Act

The Office of Management and Budget

(OMB) has approved the information

collection requirements contained in

this rule under the provisions of the

Paperwork Reduction Act, 44 U.S.C.

3501 et seq., and has assigned OMB

control number 2060–0338 to the

requirements associated with the

nonroad small SI engine certification

information collection request (ICR),

and OMB control number 2060–0287 to

the nonroad large CI engine certification

ICR.

This direct final rulemaking lessens

the information collection request

requirements associated with the

nonroad small SI engine certification

ICR (OMB No. 2060–0338) and the

nonroad large CI engine certification

ICR (OMB No. 2060–0287). Although

the burden hours associated with

emissions testing and recordkeeping

remain the same, the burden hours

associated with certification reporting

decrease. For the small SI engine

program, the total annual information

collection request burden will decrease
Federal Register / Vol. 61, No. 90 / Wednesday, May 8, 1996 / Rules and Regulations 20741

an estimated 45 percent (65,760 hours)

to a new revised annual total ICR

burden of 78,485 hours. This direct final

rule also will reduce the total annual

information collection request burden

for the large CI engine certification

program by an estimated 45 percent

(63,361 hours), for a new revised annual

total ICR burden of 78,005 hours.

Burden means the total time, effort, or

financial resources expended by persons

to generate, maintain, retain, or disclose

or provide information to or for a

Federal agency. This includes the time

needed to review instructions; develop,

acquire, install, and utilize technology

and systems for the purposes of

collecting, validating, and verifying

information, processing and

maintaining information, and disclosing

and providing information; adjust the

existing ways to comply with any

previously applicable instructions and

requirements; train personnel to be able

to respond to a collection of

information; search data sources;

complete and review the collection of

information; and transmit or otherwise

disclose the information.

An Agency may not conduct or

sponsor, and a person is not required to

respond to a collection of information

unless it displays a currently valid OMB

control number. The OMB control

numbers for EPA’s regulations are listed

in 40 CFR Part 9 and 48 CFR Chapter

15.

C. Unfunded Mandates Act

Section 202 of the Unfunded

Mandates Reform Act of 1995 (signed

into law on March 22, 1995) requires

that EPA prepare a budgetary impact

statement before promulgating a rule

that includes a federal mandate that

may result in expenditure by state,

local, and tribal governments, in

aggregate, or by the private sector, of

$100 million or more in any one year.

Section 203 of the Unfunded Mandates

Reform Act requires EPA to establish a

plan for obtaining input from and

informing, educating, and advising any

small governments that may be

significantly or uniquely affected by the

rule.

Under section 205 of the Unfunded

Mandates Act, EPA must identify and

consider a reasonable number of

regulatory alternatives before

promulgating a rule for which a

budgetary impact statement must be

prepared. EPA must select from those

alternatives the least costly, most costeffective, or least burdensome

alternative that achieves the objectives

of the rule, unless EPA explains why

this alternative is not selected or the

selection of this alternative is

inconsistent with law.

Because this direct final rule is

expected to result in the expenditure by

state, local, and tribal governments or

the private sector of less than $100

million in any one year, EPA has not

prepared a budgetary impact statement

or specifically addressed selection of the

least costly, most cost-effective or least

burdensome alternative. Because small

governments will not be significantly or

uniquely affected by this rule, EPA is

not required to develop a plan with

regard to small governments.

D. Regulatory Flexibility Act

The Regulatory Flexibility Act (5

U.S.C. 601) requires EPA to consider

potential impacts of proposed

regulations on small business. If a

preliminary analysis indicates that a

proposed regulation would have a

significant adverse economic impact on

a substantial number of small business

entities, then a regulatory flexibility

analysis must be prepared. An action

which has a predominately deregulatory

or beneficial economic effect on small

business does not need a regulatory

flexibility analysis.

Since this rule is deregulatory in

nature, has no significant adverse effect

on small business, and decreases the

reporting burden on all regulated

entities, EPA has determined that it is

not necessary to prepare a regulatory

flexibility analysis. However, the

Agency has taken the interests of small

business entities into account in this

action. This direct final rule relieves the

regulatory burden on small businesses

and minimizes the reporting

requirements imposed on regulated

entities, including smaller engine

manufacturers, by authorizing EPA to

modify certification application

information submission requirements.

The Agency intends to exercise this

authority by reducing these

requirements, and where appropriate, to

accept the CARB certification

application, thereby additionally

reducing the paperwork burden on

small SI engine manufacturers. Thus,

EPA certifies that this rulemaking will

not have a significant adverse effect on

a substantial number of small entities.

List of Subjects in 40 CFR Parts 89 and

90

Administrative practice and

procedure, Air pollution control,

Confidential business information,

Environmental protection, Imports,

Incorporation by reference, Labeling,

Nonroad source pollution, Reporting

requirements.

Dated: May 2, 1996.

Carol M. Browner,

Administrator.

For the reasons set out in the

preamble, parts 89 and 90 of title 40 of

the Code of Federal Regulations are

amended as follows:

PART 89—CONTROL OF EMISSIONS

FROM NEW AND IN-USE NONROAD

ENGINES

1. The authority citation for part 89

continues to read as follows:

Authority: Sections 202, 203, 204, 205,

206, 207, 208, 209, 213, 215, 216, and 301(a)

of the Clean Air Act, as amended (42 U.S.C.

7521, 7522, 7523, 7524, 7525, 7541, 7542,

7543, 7547, 7549, 7550, and 7601(a)).

Subpart B—[Amended]

2. Section 89.115–96 is amended by

revising paragraph (d)(5), redesignating

the second paragraph (b) which follows

paragraph (d)(10) as paragraph (e), and

adding paragraph (f) to read as follows:

§ 89.115–96 Application for certificate.

* * * * *

(d) * * *

(5) The period of operation necessary

to accumulate service hours on test

engines and stabilize emission levels;

* * * * *

(e) * * *

(f)(1) The Administrator may modify

the information submission

requirements of paragraph (d) of this

section, provided that all of the

information specified therein is

maintained by the engine manufacturer

as required by § 89.124–96, and

amended, updated, or corrected as

necessary.

(2) For the purposes of this paragraph,

§ 89.124–96(a)(1) includes all

information specified in paragraph (d)

of this section whether or not such

information is actually submitted to the

Administrator for any particular model

year.

(3) The Administrator may review an

engine manufacturer’s records at any

time. At the Administrator’s discretion,

this review may take place either at the

manufacturer’s facility or at another

facility designated by the Administrator.

PART 90—CONTROL OF EMISSIONS

FROM NONROAD SPARK-IGNITION

ENGINES

3. The authority citation for part 90

continues to read as follows:

Authority: Sections 203, 204, 205, 206,

207, 208, 209, 213, 215, 216, and 301(a) of

the Clean Air Act, as amended (42 U.S.C.

7522, 7523, 7524, 7525, 7541, 7542, 7543,

7547, 7549, 7550, and 7601(a)).
20742 Federal Register / Vol. 61, No. 90 / Wednesday, May 8, 1996 / Rules and Regulations

Subpart B—[Amended]

4. Section 90.107 is amended by

revising paragraphs (d)(5) and (d)(7),

and adding paragraph (g) to read as

follows:

§ 90.107 Application for certification.

* * * * *

(d) * * *

(5) The service accumulation period

necessary to break in the test engine(s)

and stabilize emission levels.

* * * * *

(7) The proposed engine information

label;

* * * * *

(g)(1) The Administrator may modify

the information submission

requirements of paragraph (d) of this

section, provided that all of the

information specified therein is

maintained by the engine manufacturer

as required by § 90.121, and amended,

updated, or corrected as necessary.

(2) For the purposes of this paragraph,

§ 90.121(a)(1) includes all information

specified in paragraph (d) of this section

whether or not such information is

actually submitted to the Administrator

for any particular model year.

(3) The Administrator may review an

engine manufacturer’s records at any

time. At the Administrator’s discretion,

this review may take place either at the

manufacturer’s facility or at another

facility designated by the Administrator.

5. Section 90.118 is amended by

revising paragraph (d) to read as

follows:

§ 90.118 Certification procedure—service

accumulation.

* * * * *

(d) The manufacturer must maintain,

and provide to the Administrator if

requested, records stating the rationale

for selecting a service accumulation

period less than 12 hours and records

describing the method used to

accumulate hours on the test engine(s).

[FR Doc. 96–11477 Filed 5–7–96; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 180

[PP 4E4418/R2231; FRL–5365–1]

RIN 2070–AB78

Lactofen; Pesticide Tolerance

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final Rule.

SUMMARY: This document establishes a

tolerance for combined residues of the

herbicide lactofen and its metabolites in

or on the raw agricultural commodity

snap beans. The Interregional Research

Project No. 4 (IR–4) requested the

regulation to establish a maximum

permissible level for residues of the

herbicide pursuant to the Federal Food,

Drug and Cosmetic Act (FFDCA).

EFFECTIVE DATE: This regulation

becomes effective May 8, 1996.

ADDRESSES: Written objections and

hearing requests, identified by the

docket number, [PP 4E4418/R2231],

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 docket 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 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

4E4418/R2231]. No Confidential

Business Information (CBI) should be

submitted through e-mail. 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: Hoyt L. Jamerson, Registration

Division (7505W), Environmental

Protection Agency, 401 M St., SW.,

Washington, DC 20460. Office location

and telephone number: Sixth Floor,

Crystal Station #1, 2800 Jefferson Davis

Highway, Arlington, VA 22202, (703)

308–8783, e-mail:

jamerson.hoyt@epamail.epa.gov.

SUPPLEMENTARY INFORMATION: In the

Federal Register of March 8, 1996 (61

FR 9399) (FRL–5353–2), EPA issued a

proposed rule that gave notice that the

Interregional Research Project No. 4 (IR–

4), New Jersey Agricultural Experiment

Station, P.O. Box 231, New Brunswick,

NJ 08903, had submitted pesticide

petition (PP) 4E4418 to EPA on behalf

of the Agricultural Experiment Stations

of Arkansas, Florida, Georgia, Oregon,

Tennessee, and Virginia. This petition

requests that the Administrator,

pursuant to section 408(e) of the Federal

Food, Drug and Cosmetic Act (FFDCA),

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

180.432 by establishing a tolerance for

combined residues of lactofen, 1-

(carboethoxy)ethyl-5-[2-chloro-4-

(trifluoromethyl)phenoxy]-2-

nitrobenzoate, and its associated

metabolites containing the diphenyl

ether linkage expressed as lactofen in or

on the raw agricultural commodity snap

beans at 0.05 part per million (ppm).

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 will protect

the public health. Therefore, the

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

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