[Federal Register Volume 63, Number 121 (Wednesday, June 24, 1998)] [Rules and Regulations] [Pages 34303-34304] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 98-16675] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 180 [OPP-300655A; FRL-5797-4] RIN 2070-AB78 Hydrogen Peroxide; Exemption From the Requirement of a Tolerance; Correction AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule; correction. ----------------------------------------------------------------------- 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 hydrogen peroxide up to 120 parts per million (ppm), in or on raw agricultural commodities, in processed commodities, when such residues result from the use of hydrogen peroxide 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. [[Page 34304]] EFFECTIVE DATE: This correction is effective June 24, 1998. ADDRESSES: Written objections and hearing requests, identified by the docket control number, [OPP-300655A], 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 filed with the Hearing Clerk identified by the docket control number, [OPP-300655A], 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-300655A]. 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 24955) (FRL-5789-4), EPA, issued a final rule establishing an exemption from the requirement of a tolerance for residues of the antimicrobial pesticide hydrogen peroxide up to 120 ppm, in or on raw agricultural commodities, in processed commodities, when such residues result from the use of hydrogen peroxide 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. 98-12037 published on May 6, 1998 (63 FR 24955), the word ``vegetables, '' should be inserted after ``fruits,'' in the following places: 1. On page 24956, in the first column, in the SUMMARY, in the seventh line. 2. On page 24957, in the third column, the paragraph under II. Aggregate Risk Assessment and Determination of Safety, in the fourth line from the bottom. 3. On page 24960, in the first column, under C. Exposures and Risks, in the paragraph numbered 1., in the tenth line. 4. On page 24962, 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. 180.1197 [Corrected] 2. On page 24963, in the third column, Sec. 180.1197 is corrected by adding ``vegetables,'' after ``fruits,'' in the eighth line. [FR Doc. 98-16675 Filed 6-23-98; 8:45 am] BILLING CODE 6560-50-F