[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: [email protected]. 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: 
[email protected].

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