[Federal Register Volume 63, Number 121 (Wednesday, June 24, 1998)]
[Rules and Regulations]
[Pages 34302-34303]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-16676]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[OPP-300654A; FRL-5797-3]
RIN 2070-AB78
Peroxyacetic Acid; Exemption From the Requirement of a Tolerance;
Correction
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; correction.
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SUMMARY: EPA published in the Federal Register of May 6, 1998, a final
rule establishing an exemption from the requirement of a tolerance for
residues of the antimicrobial pesticide peroxyacetic acid up to 100
parts per million (ppm), in or on raw agricultural commodities, in
processed commodities, when such residues result from the use of
peroxyacetic acid as an antimicrobial agent on fruits, tree nuts,
cereal grains, herbs, and spices. The word ``vegetables'' was omitted
from the specific tolerance exemption language which is reproduced in
five places of the final rule. This document corrects the final rule by
inserting the word ``vegetables'' into each place that contains the
specific tolerance exemption language.
EFFECTIVE DATE: This correction is effective June 24, 1998.
ADDRESSES: Written objections and hearing requests, identified by the
docket control number, [OPP-300654A], must 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
[[Page 34303]]
filed with the Hearing Clerk identified by the docket control number,
[OPP-300654A], must also be submitted to: Public Information and
Records Integrity Branch, Information Resources and Services Division
(7502C), Office of Pesticide Programs, Environmental Protection Agency,
401 M St., SW., Washington, DC 20460. In person, bring a copy of
objections and hearing requests to Rm. 119, CM 2, 1921
Jefferson Davis Hwy., Arlington, VA.
A copy of objections and hearing requests filed with the Hearing
Clerk may also be submitted electronically by sending electronic mail
(e-mail) to: opp-docket@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 5.1/6.1
file format or ASCII file format. All copies of objections and hearing
requests in electronic form must be identified by the docket control
number [OPP-300654A]. 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.
FOR FURTHER INFORMATION CONTACT: By mail: Marshall Swindell, Product
Manager 33, Antimicrobials Division (7510W), Office of Pesticide
Programs, Environmental Protection Agency, 401 M St., SW., Washington,
DC 20460. Office location, telephone number, and e-mail address: 2800
Crystal Drive, 6th Floor, Arlington, VA, 22202, 703-308-6341, e-mail:
swindell.marshall@epamail.epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
In the Federal Register of May 6, 1998 (63 FR 24949) (FRL-5789-3),
EPA, issued a final rule establishing an exemption from the requirement
of a tolerance for residues of the antimicrobial pesticide peroxyacetic
acid up to 100 ppm, in or on raw agricultural commodities, in processed
commodities, when such residues result from the use of peroxyacetic
acid as an antimicrobial agent on fruits, tree nuts, cereal grains,
herbs, and spices. The word ``vegetables'' was omitted from the
specific tolerance exemption language which is reproduced in five
places of the final rule. This document corrects the final rule by
inserting the word ``vegetables'' into each place that contains the
specific tolerance exemption language.
II. Correction
In FR Doc. 98-12036 published on May 6, 1998 (63 FR 24949), the
word ``vegetables, '' should be inserted after ``fruits,'' in the
following places:
1. On page 24949, in the second column, in the SUMMARY, in the
ninth line.
2. On page 24951, in the first column, the paragraph under II.
Aggregate Risk Assessment and Determination of Safety, in the fifth
line from the bottom.
3. On page 24952, in the second column, under C. Exposures and
Risks, in the paragraph numbered 1., in the tenth line.
4. On page 24954, in the third column, the first paragraph under
IV. Conclusion, in the eighth line.
III. Regulatory Assessment Requirements
This final rule does not impose any requirements. It only
implements a technical correction to the Code of Federal Regulations
(CFR). As such, this action does not require review by the Office of
Management and Budget (OMB) under Executive Order 12866, entitled
Regulatory Planning and Review (58 FR 51735, October 4, 1993), the
Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et seq., or Executive
Order 13045, entitled Protection of Children from Environmental Health
Risks and Safety Risks (62 FR 19885, April 23, 1997). For the same
reason, it does not require any action under Title II of the Unfunded
Mandates Reform Act of 1995 (UMRA) (Pub. L. 104-4), Executive Order
12875, entitled Enhancing the Intergovernmental Partnership (58 FR
58093, October 28, 1993), or Executive Order 12898, entitled Federal
Actions to Address Environmental Justice in Minority Populations and
Low-Income Populations (59 FR 7629, February 16, 1994). In addition,
since this type of action does not require any proposal, no action is
needed under the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et
seq.).
IV. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the Agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit 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 United States prior
to publication of this rule in the Federal Register. This rule is not a
``major rule'' as defined by 5 U.S.C. 804(2).
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 10, 1998
Frank Sanders,
Director, Antimicrobials Division, Office of Pesticide Programs.
PART 180-- [AMENDED]
1. The authority citation for part 180 continues to read as
follows:
Authority; 21 U.S.C. 346a and 371.
Sec. 180.1196 [Corrected]
2. On page 24955, in the third column, Sec. 180.1196 is corrected
by adding ``vegetables,'' after ``fruits,'' in the eighth line.
[FR Doc. 98-16676 Filed 6-23-98; 8:45 am]
BILLING CODE 6560-50-F
