Federal Register / Vol. 61, No. 124 / Wednesday, June 26, 1996 / Rules and Regulations 33039

quit TTN BBS with the <G>oodbye

command.

IV. Unfunded Mandates Act

Under section 202 of the Unfunded

Mandates Reform Act of 1995, EPA

must prepare a budgetary impact

statement to accompany any proposed

or final rule that includes a federal

mandate with estimated costs to the

private sector of $100 million or more,

or to state, local, or tribal governments

of $100 million or more in the aggregate.

Under section 205, EPA must select the

most cost-effective and least

burdensome alternative that achieves

the objectives of the rule and is

consistent with statutory requirements.

Section 203 requires EPA to establish a

plan for informing and advising any

small governments that may be

significantly or uniquely impacted by

the rule.

EPA has determined that this direct

final rule imposes no new federal

requirements and does not include any

federal mandate with costs to the

private sector or to state, local, or tribal

governments. Therefore, the

Administrator certifies that this direct

final rule does not require a budgetary

impact statement.

V. Judicial Review

Under section 307(b) of the Clean Air

Act, EPA hereby finds that these

regulations are of national applicability.

Accordingly, judicial review of this

action is available only by filing a

petition for review in the United States

Court of Appeals for the District of

Columbia Circuit within 60 days of

publication. Under section 307(b)(2) of

the Act, the requirements that are the

subject of this document may not be

challenged later in judicial proceedings

brought by EPA to enforce these

requirements.

List of Subjects in 40 CFR Part 80

Environmental protection,

Administrative practice and procedures,

Air pollution control, Gasoline, Motor

vehicle pollution.

Dated: June 12, 1996.

Carol M. Browner,

Administrator.

For the reasons set out in the

preamble, title 40, chapter I, part 80 of

the Code of Federal Regulations, is

amended as set forth below.

PART 80—[AMENDED]

1. The authority citation for part 80

continues to read as follows:

Authority: Secs. 114, 211, and 301(a),

Clean Air Act as amended (42 U.S.C. 7414,

7545, and 7601(a)).

2. Section 80.22 is amended by

revising paragraph (j) to read as follows:

§ 80.22 Controls and prohibitions.

* * * * *

(j) After July 1, 1996 every retailer and

wholesale purchaser-consumer handling

over 10,000 gallons (37,854 liters) of

fuel per month shall limit each nozzle

from which gasoline or methanol is

introduced into motor vehicles to a

maximum fuel flow rate not to exceed

10 gallons per minute (37.9 liters per

minute). The flow rate may be

controlled through any means in the

pump/dispenser system, provided the

nozzle flow rate does not exceed 10

gallons per minute (37.9 liters per

minute). After January 1, 1998 this

requirement applies to every retailer

and wholesale purchaser-consumer.

Any dispensing pump that is dedicated

exclusively to heavy-duty vehicles,

boats, or airplanes is exempt from this

requirement.

[FR Doc. 96–16205 Filed 6–25–96; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 152

[OPP–300110; FRL–5372–8]

RIN 2070–AC98

Notification Procedures for Pesticide

Registration Modifications

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This rule amends EPA’s

notification and non-notification

procedures for certain registration

modifications. The rule no longer

specifies the types of modifications that

may be accomplished by notification or

without notification to EPA. The rule

provides that EPA will issue procedures

for notification and non-notification.

EPA will thereafter designate

modifications that may be accomplished

through the notification and nonnotification procedures by notice to

registrants. This revision will streamline

the regulations by eliminating listings of

very specific modifications, and provide

greater flexibility to expand the scope of

the notification/non-notification

process.

DATES: This action is effective on

August 26, 1996 unless adverse

comments are received by July 26, 1996.

If the final rule is withdrawn, timely

notice will be published in the Federal

Register.

ADDRESSES: The Agency invites any

interested person to submit written

comments to: By mail: Program

Resources Section, Public Response and

Program Resources Branch, Field

Operations Division (7506C),

Environmental Protection Agency, 401

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

person, bring comments to: Rm. 1132,

Crystal Mall #2, 1921 Jefferson Davis

Highway, Arlington, VA.

Comments and data may also be

submitted electronically by sending

electronic mail (e-mail) to: oppdocket@epamail.epa.gov. Electronic

comments must be submitted as an

ASCII file avoiding the use of special

characters and any form of encryption.

Comments and data will also be

accepted on disks in WordPerfect in 5.1

file format or ASCII file format. All

comments and data in electronic form

must be identified by the docket number

‘‘OPP–30110.’’ No Confidential Business

Information (CBI) should be submitted

through e-mail. Electronic comments on

this document may be filed online at

many Federal Depository Libraries.

Additional information on electronic

submissions can be found in Unit VI. of

this preamble.

Information submitted as a comment

concerning this document may be

claimed confidential by marking any

part or all of that information as CBI.

Information so marked will not be

disclosed except in accordance with

procedures set forth in 40 CFR part 2.

A copy of the comment that does not

contain CBI must be submitted for

inclusion in the public record.

Information not marked confidential

may be disclosed publicly by EPA

without prior notice. All written

comments will be available for public

inspection in Rm. 1132 at the Virginia

address given above from 8 a.m. to 4:30

p.m., Monday through Friday, excluding

legal holidays.

FOR FURTHER INFORMATION CONTACT: Jeff

Kempter, Registration Division (7505C),

Office of Pesticide Programs,

Environmental Protection Agency, 401

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

Office location, telephone number, and

e-mail address: Rm. 713, CM#2, 1921

Jefferson Davis Hwy., Arlington, VA

22202, Telephone: 703–305-5448, email: kempter.carlton@epamail.epa.gov.

SUPPLEMENTARY INFORMATION:

Regulated entities. Entities potentially

regulated by this action are pesticide

producers who register pesticides.

This listing is not intended to be

exhaustive, but rather provides a guide

for readers regarding entities likely to be

regulated by this action. To determine

whether you are subject to regulation by

this action, you should carefully

examine 40 CFR 152.44.
33040 Federal Register / Vol. 61, No. 124 / Wednesday, June 26, 1996 / Rules and Regulations

I. Background

In March 1995, President Clinton

announced a new initiative under

which all Federal agencies, including

EPA, would review their existing

regulations. This Regulatory

Reinvention initiative is intended to

identify opportunities for streamlining,

simplifying, reducing reporting and

recordkeeping burdens, and promoting

partnerships and stakeholder

involvement in EPA’s regulation review.

In connection with this initiative,

EPA has identified changes which could

be made to its processes for reviewing

and approving revisions to pesticide

registration. One of these changes would

be to give EPA greater flexibility to

permit certain low risk, minor

modifications to be accomplished by

notification or without notification

rather than by the amendment process.

Today’s action implements those

changes to the regulations to provide

this flexibility.

The provisions in today’s rule affect

the process through which the Agency

approves or permits certain minor

modifications to pesticide registrations

and do not affect the substance of the

types of amendments which may be

made to pesticide registrations. Because

EPA views this rule as noncontroversial, it anticipates no adverse

comments and is therefore publishing

this action without prior proposal. If

EPA receives such comments, the final

rule will be withdrawn before the

effective date by publishing a

subsequent document that will

withdraw the final action. The public

comments received will then be

addressed in a subsequent final rule or

EPA will seek additional comments.

Any parties interested in commenting

on this action should do so at this time

in accordance with the instructions set

forth above.

II. Rule Changes

The significant portion of today’s

action amends existing 40 CFR 152.46.

Section 152.46 currently provides that

the Agency will permit registrants to

make certain minor changes to their

registrations without prior Agency

review and approval. Section 152.46(a)

lists seven separate registration actions

that may be accomplished by notifying

the Agency of those changes before the

product is distributed or sold. These

actions are commonly referred to as

‘‘notifications.’’ Section 152.46(b)

allows five other minor changes in

labeling or packaging to be made

without notification to the Agency.

These actions are commonly referred to

as ‘‘non-notifications.’’

This rule amends § 152.46 so that it

no longer lists the specific actions that

may be accomplished through

notification or non-notification. Rather,

the rule as amended today provides that

EPA will issue procedures, following an

opportunity for public comment,

specifying the types of registration

amendments that may be accomplished

by notification or non-notification. In

fact, these procedures were issued

following an opportunity for public

comment in advance of this rule on May

31, 1995, as Pesticide Regulation (PR)

Notice 95-2, which clarifies and

expands the types of registration actions

that may be made through notification.

If EPA changes the procedures, it will

issue a revised PR Notice (first in draft

for public comment, then final) and a

technical amendment to the rule.

As with current § 152.46(a), today’s

amendment continues to provide that

upon the Agency’s receipt of a

notification, a registrant may distribute

or sell the modified product. Similarly,

as with current § 152.46(b), if the

product is modified under the ‘‘nonnotification’’ provisions of that section,

a registrant is not required to notify the

Agency before it distributes or sells the

modified product.

In addition, consistent with the

current § 152.46(a), § 152.46(a)(2) of

today’s amendments provides that EPA

may, upon receipt of a notification,

require the registrant to submit an

application for amended registration. If

it does so, the Agency will notify the

registrant and request that the registrant

submit an application for amended

registration. If the registrant thereafter

fails to submit an application, the

Agency may determine that the product

is not in compliance with the

requirements of the Act.

It is important to note that the

provision of § 152.46(a)(2) described

above, as with current § 152.46, only

applies to those notifications that are

consistent with EPA instructions. It

reserves EPA’s right to request

registrants to submit applications for

amended registration for modifications

that could otherwise be made through

notification. It was not intended and

does not provide registrants with a

means to attempt to make modifications

to registrations by notification that are

not permitted by Agency procedures.

Accordingly, new § 152.46(c) is

intended to clarify this point by

providing that if a registrant modifies a

product by notification or nonnotification in a manner inconsistent

with § 152.46(a) and (b) and the

procedures issued thereunder, the

Agency may initiate regulatory and/or

enforcement action without first

providing the registrant with an

opportunity to submit an application for

amended registration.

III. Statutory Review Requirements

In accordance with FIFRA section

25(a), a copy of this rule was provided

to appropriate Congressional

Committees, the U.S. Department of

Agriculture and the FIFRA Scientific

Advisory Panel.

IV. Public Record

A record has been established for this

rule under docket number ‘‘OPP–

30110’’ (including comments and data

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 Rm. 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.

Electronic comments can be sent

directly to EPA at:

opp-docket@epamail.epa.gov

Electronic comments must be

submitted as an ASCII file avoiding the

use of special characters and any form

of encryption.

The official record for the rule 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 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.

V. Regulatory Assessment

Requirements

A. Executive Order 12866

Under Executive Order 12866 (58 FR

51735, October 4, 1993), it has been

determined that this rule is not

‘‘significant’’ and is not subject to OMB

review.

B. Regulatory Flexibility Act

Under the Regulatory Flexibility Act

(5 U.S.C. 601 et seq.), EPA has

determined that this regulatory action

does not impose any adverse economic

impacts on small entities. Any

comments regarding the economic
Federal Register / Vol. 61, No. 124 / Wednesday, June 26, 1996 / Rules and Regulations 33041

impacts that this regulatory action may

impose on small entities should be

submitted to the Agency at the address

listed under the ADDRESSES unit.

C. Paperwork Reduction Act

The information collection

requirements contained in this rule have

been previously approved by the Office

of Management and Budget under the

provisions of the Paperwork Reduction

Act of 1980, 44 U.S.C. 3501 et seq. and

have been assigned OMB Control No.

2070-0060. A copy may be obtained

from the Information Policy Branch

(7405), EPA, 401 M St., SW.,

Washington, DC 20460, or by calling

(202) 260-2744.

D. Unfunded Mandates

Under Title II of the Unfunded

Mandates Reform Act of 1995 (Pub. L.

104-4), this action does not result in the

expenditure of $100 million or more by

any State, local or tribal governments, or

by anyone in the private sector, and will

not result in any ‘‘unfunded mandates’’

as defined by Title II. The costs

associated with this action are described

in the Executive Order 12866 unit

above.

Under Executive Order 12875 (58 FR

58093, October 28, 1993), EPA must

consult with representatives of affected

State, local, and tribal governments

before promulgating a discretionary

regulation containing an unfunded

mandate. This action does not contain

any mandates on States, localities or

tribes and is therefore not subject to the

requirements of Executive Order 12875.

E. Submission to Congress and the

General Accounting Office

Under 5 U.S.C. 801(a)(1)(A) of the

Administrative Procedure Act (APA) as

amended by the Small Business

Regulatory Enforcement Fairness Act of

1996 (Title II of Pub. L. 104-121, 110

Stat. 847), EPA submitted a report

containing this rule and other required

information to the U.S. Senate, the U.S.

House of Representatives and the

Comptroller General of the General

Accounting Office prior to publication

of the rule in today’s Federal Register.

This rule is not a ‘‘major rule’’ as

defined by 5 U.S.C. 804(2) of the APA

as amended.

List of Subjects in Part 152

Environmental protection,

Administrative practice and procedure,

Pesticides and pests, Reporting and

recordkeeping requirements.

Dated: June 20, 1996.

Carol M. Browner,

Administrator.

Therefore, 40 CFR part 152 is

amended as follows:

PART 152—[AMENDED]

1. The authority citation for part 152

continues to read as follows:

Authority: 7 U.S.C. 136-136y; subpart U is

also issued under 31 U.S.C. 9701.

2. Section 152.44 is amended by

adding new paragraph (b)(4), to read as

follows:

§ 152.44 Applications for amended

registration.

* * * * *

(b) * * *

(4) Permit an applicant to modify a

registration by notification or nonnotification in accordance with

§ 152.46.

3. Section 152.46 is revised to read as

follows:

§ 152.46 Notification and non-notification

changes to registrations.

(a) Changes permitted by notification.

(1) EPA may determine that certain

minor modifications to registration

having no potential to cause

unreasonable adverse effects to the

environment may be accomplished by

notification to the Agency, without

requiring that the registrant obtain

Agency approval. If EPA so determines,

it will issue procedures following an

opportunity for public comment

describing the types of modifications

permitted by notification and any

conditions and procedures for

submitting notifications.

(2) A registrant may modify a

registration consistent with paragraph

(a)(1) of this section and any procedures

issued thereunder and distribute or sell

the modified product as soon as the

Agency has received the notification.

Based upon the notification, the Agency

may require that the registrant submit

an application for amended registration.

If it does so, the Agency will notify the

registrant and state its reasons for

requiring an application for amended

registration. Thereafter, if the registrant

fails to submit an application the

Agency may determine that the product

is not in compliance with the

requirements of the Act. Notification

under this paragraph is considered a

report filed under the Act for the

purposes of FIFRA section 12(a)(2)(M).

(b) Changes permitted without

notification. EPA may determine that

certain minor modifications to

registration having no potential to cause

unreasonable adverse effects to the

environment may be accomplished

without notification to or approval by

the Agency. If EPA so determines, it will

issue procedures following an

opportunity for public comment

describing the types of amendments

permitted without notification (also

known as non-notification). A registrant

may distribute or sell a product changed

in a manner consistent with such

procedures without notification to or

approval by the Agency.

(c) Effect of non-compliance.

Notwithstanding any other provision of

this section, if the Agency determines

that a product has been modified

through notification or without

notification in a manner inconsistent

with paragraphs (a) or (b) of this section

and any procedures issued thereunder,

the Agency may initiate regulatory and/

or enforcement action without first

providing the registrant with an

opportunity to submit an application for

amended registration.

[FR Doc. 96–16335 Filed 6–25–96; 8:45 am]

BILLING CODE 6560–50–F

40 CFR Parts 180 and 185

[PP 4F4380 and FAP 4H5703/R2240; FRL–

5369–7]

RIN 2070–AB78

Flutolanil; Pesticide Tolerance

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This rule establishes a timelimited tolerance, to expire on April 30,

1998 for combined residues of the

fungicide flutolanil N-(3-(1-

methylethoxy)phenyl)-2-

(trifluoromethyl)benzamide and its

metabolites converted to 2-

(trifluoromethyl) benzoic acid and

calculated as flutolanil in or on the raw

agricultural commodities rice grain at

2.0 ppm and rice straw at 8.0 ppm; and

in or on the processed food

commodities rice hull at 7.0 ppm and

rice bran at 3.0 ppm, when present

therein as a result of application of the

fungicide to growing crops. The

regulation to establish a maximum

permissible level for residues of the

fungicide was requested in a petition

submitted by the AgrEvo USA

Company.

EFFECTIVE DATE: This regulation became

effective April 30, 1996.

ADDRESSES: Written objections and

hearing requests, identified by the

document control number, [PP 4F4380,

FAP 4H5703/R2240], may be submitted