[Federal Register Volume 63, Number 186 (Friday, September 25, 1998)]
[Rules and Regulations]
[Pages 51302-51303]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-25632]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[OPP-300598A; FRL-6029-1]
RIN 2070-AB78


Glutamic Acid; Technical Amendment and Correction of Pesticide 
Tolerance Exemption

AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; technical amendment and correction.
SUMMARY: EPA is issuing a technical amendment to a final rule and is 
correcting the preamble to the final rule that established an exemption 
from the requirement of a tolerance for residues of the biochemical 
glutamic acid in or on all food commodities, when applied as a plant 
growth and crop yield enhancer in accordance with good agricultural 
practices. This exemption was requested by Auxein Corporation.
DATES: This technical amendment is effective September 25, 1998.
FOR FURTHER INFORMATION CONTACT: By mail: Edward Allen, Regulatory 
Action Leader, Biopesticides and Pollution Prevention Division (7511W), 
Office of Pesticide Programs, Environmental Protection Agency, 401 M 
St., SW., Washington, DC 20460, Office location, telephone number, and 
e-mail: 5th Floor CS #1, 2800 Crystal Drive, Arlington, VA 22202, 
Telephone No. (703) 308-8699, e-mail: [email protected].
SUPPLEMENTARY INFORMATION: In the January 7, 1998 issue of the Federal 
Register (63 FR 679)(FRL-5764-4) the Office of Pesticide Programs 
issued a final rule exempting the biochemical glutamic acid from the 
requirement of a tolerance on all raw agricultural commodities when 
used as a plant growth enhancer in accordance with good agricultural 
practices. This tolerance was requested by Auxein Corporation, P.O. Box 
27519, 3125 Sovereign Drive, Suite B, Lansing, MI 48911. Throughout the 
preamble to the final rule and in the codified text (40 CFR 180.1187), 
reference was made to ``glutamic acid.'' Auxien Corporation has brought 
to the Agency's attention that the requested tolerance was for residues 
of ``L-glutamic acid'' rather than ``glutamic acid.'' This technical 
amendment corrects the preamble and the codified text in the January 7, 
1998 final rule. Therefore, in the preamble to FR Doc. 98-359, 
published at 63 FR 679, January 7, 1998, reference to ``glutamic acid'' 
should be changed to refer to ``L-glutamic acid.'' The amendment to 40 
CFR 180.1187 is set forth below.

I. Regulatory Assessment Requirements

A. Certain Acts and Executive Orders

    This final rule establishes an exemption from the tolerance 
requirement under FFDCA section 408(d) in response to a petition 
submitted to the Agency. The Office of Management and Budget (OMB) has 
exempted these types of actions from review under Executive Order 
12866, entitled Regulatory Planning and Review (58 FR 51735, October 4, 
1993). This final rule does not contain any information collections 
subject to OMB approval under the Paperwork Reduction Act (PRA), 44 
U.S.C. 3501 et seq., or impose any enforceable duty or contain any 
unfunded mandate as described under Title II of the Unfunded Mandates 
Reform Act of 1995 (UMRA) (Pub. L. 104-4). Nor does it require any 
prior consultation as specified by Executive Order 12875, entitled 
Enhancing the Intergovernmental Partnership (58 FR 58093, October 28, 
1993), or special considerations as required by Executive Order 12898, 
entitled Federal Actions to Address Environmental Justice in Minority 
Populations and Low-Income Populations (59 FR 7629, February 16, 1994), 
or require OMB review in accordance with Executive Order 13045, 
entitled Protection of Children from Environmental Health Risks and 
Safety Risks (62 FR 19885, April 23, 1997).

B. Executive Order 12875

    Under Executive Order 12875, entitled Enhancing Intergovernmental 
Partnerships (58 FR 58093, October 28, 1993), EPA may not issue a 
regulation that is not required by statute and that creates a mandate 
upon a State, local or tribal government, unless the Federal government 
provides the funds necessary to pay the direct compliance costs 
incurred by those governments. If the mandate is unfunded, EPA must 
provide to the Office of Management and Budget (OMB) a description of 
the extent of EPA's prior consultation with representatives of affected 
State, local and tribal governments, the nature of their concerns, 
copies of any written communications from the governments, and a 
statement supporting the need to issue the regulation. In addition, 
Executive Order 12875 requires EPA to develop an effective process 
permitting elected officials and other representatives of State, local 
and tribal governments ``to provide meaningful and timely input in the 
development of regulatory proposals containing significant unfunded 
mandates.''
    Today's rule does not create an unfunded Federal mandate on State, 
local or tribal governments. The rule does not impose any enforceable 
duties on these entities. Accordingly, the requirements of section 1(a) 
of Executive Order 12875 do not apply to this rule.

C. Executive Order 13084

    Under Executive Order 13084, entitled Consultation and Coordination 
with Indian Tribal Governments (63 FR 27655, May 19,1998), EPA may not 
issue a regulation that is not required by statute, that significantly 
or uniquely affects the communities of Indian tribal governments, and 
that imposes

[[Page 51303]]

substantial direct compliance costs on those communities, unless the 
Federal government provides the funds necessary to pay the direct 
compliance costs incurred by the tribal governments. If the mandate is 
unfunded, EPA must provide OMB, in a separately identified section of 
the preamble to the rule, a description of the extent of EPA's prior 
consultation with representatives of affected tribal governments, a 
summary of the nature of their concerns, and a statement supporting the 
need to issue the regulation. In addition, Executive Order 13084 
requires EPA to develop an effective process permitting elected and 
other representatives of Indian tribal governments ``to provide 
meaningful and timely input in the development of regulatory policies 
on matters that significantly or uniquely affect their communities.''
    Today's rule does not significantly or uniquely affect the 
communities of Indian tribal governments. This action does not involve 
or impose any requirements that affect Indian Tribes. Accordingly, the 
requirements of section 3(b) of Executive Order 13084 do not apply to 
this rule.
    In addition, since tolerances and exemptions that are established 
on the basis of a petition under FFDCA section 408(d), such as the 
exemption in this final rule, do not require the issuance of a proposed 
rule, the requirements of the Regulatory Flexibility Act (RFA) (5 
U.S.C. 601 et seq.) do not apply. Nevertheless, the Agency previously 
assessed whether establishing tolerances, exemptions from tolerances, 
raising tolerance levels or expanding exemptions might adversely impact 
small entities and concluded, as a generic matter, that there is no 
adverse economic impact. The factual basis for the Agency's generic 
certification for tolerance actions published on May 4, 1981 (46 FR 
24950), and was provided to the Chief Counsel for Advocacy of the Small 
Business Administration.

II. 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 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 the 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: September 14, 1998.

Marcia E. Mulkey,
Director, 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. 180.1187 [Amended]

    2. Section 180.1187 is amended by revising the term ``glutamic 
acid'' to read ``L-glutamic acid'' wherever it appears in 
Sec. 180.1187.

[FR Doc. 98-25632 Filed 9-24-98; 8:45 am]
BILLING CODE 6560-50-F