Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31037

received, the public is advised that this

action will be effective August 19, 1996.

The EPA has reviewed this request for

revision of the federally-approved SIP

for conformance with the provisions of

the Act as amended November 15, 1990.

The EPA has determined that this action

conforms with those requirements.

Nothing in this action should be

construed as permitting, allowing or

establishing a precedent for any future

request for revision to any SIP. Each

request for revision to a SIP shall be

considered separately in light of specific

technical, economic, and environmental

factors and in relation to relevant

statutory and regulatory requirements.

Under the Regulatory Flexibility Act,

5 U.S.C. 600 et seq., the EPA must

prepare a regulatory flexibility analysis

assessing the impact of any proposed of

final rule on small entities. Small

entities include small businesses, small

not-for-profit enterprises, and

government entities with jurisdiction

over populations that are less than

50,000.

The SIP revision approvals under

section 110 and subchapter I, part D, of

the Act do not create any new

requirements, but simply approve

requirements that the State is already

imposing. Therefore, because the

Federal SIP approval does not impose

any new requirements, the EPA certifies

that this proposed rule would not have

a significant impact on any small

entities affected. Moreover, due to the

nature of the Federal-State relationship

under the Act, preparation of a

regulatory flexibility analysis would

constitute Federal inquiry into the

economic reasonableness of State

actions. The Act forbids the EPA to base

its actions concerning SIP’s on such

grounds. Union Electric Co. v.

U.S.E.P.A., 427 U.S. 246, 256–266 (S. Ct.

1976); 42 U.S.C. section 7410(a)(2).

Under section 202 of the Unfunded

Mandates Reform Act of 1995

(Unfunded Mandates Act), signed into

law on March 22, 1995, the EPA must

prepare a budgetary impact statement to

accompany any proposed or final rule

that includes a Federal mandate that

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, the EPA must select the most costeffective and least burdensome

alternative that achieves the objectives

of the rule and is consistent with

statutory requirements. Section 203

requires the EPA to establish a plan for

informing and advising any small

governments that may be significantly

or uniquely impacted by the rule.

The EPA has determined that the

approval action promulgated today does

not include a Federal mandate that may

result in estimated costs of $100 million

or more to State, local, or tribal

governments in the aggregate, or to the

private sector. This Federal action

approves pre-existing requirements

under State or local law, and imposes

no new Federal requirements.

Accordingly, no additional costs to

State, local, or tribal governments, or to

the private sector, result from this

action.

This action has been classified as a

Table 3 action for signature by the

Regional Administrator under the

procedures published in the Federal

Register on January 19, 1989 (54 FR

2214–2225), as revised by a July 10,

1995, memorandum from Mary Nichols,

Assistant Administrator for Air and

Radiation. The Office of Management

and Budget has exempted this

regulatory action from Executive Order

12866 review.

Under section 307(b)(1) of the Act, 42

U.S.C. 7607(b), petitions for judicial

review of this action must be filed in the

United States Court of Appeals for the

appropriate circuit by August 19, 1996.

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, Hydrocarbons,

Nitrogen dioxide, Ozone, Volatile

organic compounds.

Dated: June 10, 1996.

Allyn M. Davis,

Acting Regional Administrator.

Part 52, chapter I, title 40 of the Code

of Federal Regulations is amended as

follows:

PART 52—[AMENDED]

1. The authority citation for part 52

continues to read as follows:

Authority: 42 U.S.C. 7401–7671q.

Subpart T—Louisiana

2. Section 52.995 is added to read as

follows:

§ 52.995 Enhanced ambient air quality

monitoring.

(a) The Governor of the State of

Louisiana submitted the photochemical

assessment monitoring stations (PAMS)

State Implementation Plan (SIP)

revision for the Baton Rouge ozone

nonattainment area on September 10,

1993. This SIP submittal satisfies 40

CFR 58.20(f), which requires the State to

provide for the establishment and

maintenance of PAMS.

(b) The Baton Rouge ozone

nonattainment area is classified as

Serious and includes Ascension, East

Baton Rouge, Iberville, Livingston,

Pointe Coupee, and West Baton Rouge

Parishes.

[FR Doc. 96–15589 Filed 6–18–96; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 180

[OPP–300418A; FRL–5375–9]

RIN 2070–AB78

Oxidized Pine Lignin, Sodium Salt;

Tolerance Exemption

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This document establishes an

exemption from the requirement of a

tolerance for residues of oxidized pine

lignin, sodium salt when used as an

inert ingredient (surfactant or related

adjuvant of a surfactant) in pesticide

formulations applied to growing crops,

to raw agricultural commodities after

harvest, or to animals. LignoTech USA,

Inc. requested this regulation pursuant

to the Federal Food, Drug and Cosmetic

Act (FFDCA).

EFFECTIVE DATE: This regulation

becomes effective June 19, 1996.

ADDRESSES: Written objections,

identified by the docket number, [OPP–

300418A] 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 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 request

to: Rm. 1132, CM #2, 1921 Jefferson

Davis Hwy., Arlington, VA 22202. Fees

accompanying objections shall be

labeled ‘‘Tolerance Petition Fees’’ and
31038 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations

forwarded to: EPA Headquarters

Accounting Operations Branch, OPP

(Tolerance Fees), P.O. Box 360277M,

Pittsburgh, PA 15251.

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 [OPP–300418A]. No

Confidential Business Information (CBI)

should be submitted through e-mail.

Electronic comments on this proposed

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: 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:

Westfield Building North, 6th Fl., 2800

Crystal Drive, Arlington, VA 22202,

(703) 308–8375; e-mail:

acierto.amelia@epamail.epa.gov.

SUPPLEMENTARY INFORMATION: In the

Federal Register of March 27, 1996 (61

FR 13476), EPA issued a proposed rule

(FRL–5353–6) that gave notice that

LignoTech USA, Inc., 100 Highway 51

South, Rothschild, WI 54474–1998 had

submitted pesticide petition (PP)

5E4471 to EPA requesting that the

Administrator, pursuant to section

408(e) of the FFDCA, 21 U.S.C. 346a(e),

amend 40 CFR 180.1001(c) by

establishing an exemption from the

requirement of a tolerance for residues

of oxidized pine lignin, sodium salt

when used as an inert ingredient (a

surfactant or related adjuvant of a

surfactant) in pesticide formulations

applied to growing crops or to raw

agricultural commodities after harvest

or to 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 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,

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 [OPP–

300418A] (including 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 public 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 docket

number [OPP–300418A], 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 all comments 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

comments 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, October 4, 1993), the Agency

must determine whether the regulatory

action is ‘‘significant’’ and therefore

subject to all the requirements of the

Executive Order (i.e., Regulatory Impact

Analysis, review by the Office of

Management and Budget (OMB)). Under

section 3(f), the order defines

‘‘significant’’ as those actions likely to

lead to 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 known 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 (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.
Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31039

Pursuant to the terms of this

Executive Order, EPA has determined

that this rule is not ‘‘significant’’ and is

therefore not subject to OMB review.

This action does not impose any

enforceable duty, or contain any

‘‘unfunded mandates’’ as described in

Title II of the Unfunded Mandates

Reform Act of 1995 (Pub. L. 104–4), or

require prior consultation as specified

by Executive Order 12875 (58 FR 58093,

October 28, 1993), entitled Enhancing

the Intergovernmental Partnership, or

special consideration as required by

Executive Order 12898 (59 FR 7629,

February 16, 1994).

Pursuant to the requirements of the

Regulatory Flexibility Act (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: June 4, 1996.

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. In § 180.1001 the table in paragraph

(c) and (e) is amended by adding

alphabetically the inert ingredient

‘‘Oxidized pine lignin, sodium salt,

(CAS Reg. No. 68201–23–0),’’ to read as

follows:

§ 180.1001 Exemptions from the

requirement of a tolerance.

* * * * *

(c) * * *

Inert ingredients Limits Uses

* * * * * * *

Oxidized pine lignin, sodium salt, (CAS Reg. No.

68201–23–0).

Maximum of 2% of formulation Surfactant, related adjuvant of surfactant

* * * * * * *

* * * * (e) * * *

Inert ingredients Limits Uses

* * * * * * *

Oxidized pine lignin, sodium salt (CAS Reg. No.

68201–23–0).

Maximum of 2% of formulation Surfactant, related adjuvant of surfactant

* * * * * * *

* * * * *

[FR Doc. 96–15476 Filed 6–18–96; 8:45 am]

BILLING CODE 6560–50–F

40 CFR Part 180

[PP 5E4434/R2246; FRL–5374–7]

RIN 2070–AB78

Aluminum Tris (O-ethylphosphonate);

Pesticide Tolerance For Use in or on

Blueberry

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This document establishes a

time-limited tolerance for residues of

the fungicide aluminum tris (Oethylphosphonate) (also referred to in

this document as fosetyl-Al) and its

metabolites in or on the raw agricultural

commodity blueberry. The Interregional

Research Project No. 4 (IR-4) requested

the regulation to establish a maximum

permissible level for residues of the

fungicide pursuant to the Federal Food,

Drug and Cosmetic Act (FFDCA).

EFFECTIVE DATE: This regulation

becomes effective June 19, 1996.

ADDRESSES: Written objections and

hearing requests, identified by the

document control number, [PP 5E4434/

R2246], 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 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

5E4434/R2246]. No Confidential

Business Information (CBI) should be

submitted through e-mail. Electronic

copies of objections and hearing