47490 Federal Register / Vol. 49, No.' 235 / Wednesday, tDecdmber'5, 1984 / Rules and Regulations I

VI. Miscellaneous

List of Subjects m 40 CFR Part 52

, Air pollution control, Ozone, Sulfur

oxides, Carbon monoxide,

Hydrocarbons.

Authority. Secs. 101,107,110,116,171-178 and 301(a) of the Clean Air Act, as amended

(42 U.S.C. 7401, 7407, 7410,7416,7501-08, and

7601(a); sec. 129(a) of the Clean Air-Act

Amendments of 1977 (Pub. L No. 95-95, 91

Stat. 685 (August 7,1977).

Dated: November 28,1984.

William D. Ruckelshaus,

Administrator.

[FR Doc. 84-3ii Piled 12-44W; 8:45 am)

BILLING CODE 6560-60-M

40 CFR Part 52

[A-9-FRL-2729-5]

Approval and Promulgation of

Implementation Plans; California State

Implementation Plan (SIP) Revision

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice of final rulemaking.

SUMMARY: Today's notice takes final

action to approve revisions to the rules

of the North Coast Air Quality Management District (AQMD) and the

Lake, Mendocino, Sacramento, San

Diego, San Joaquin, San Luis Obispo and

Shasta Counties and Monterey Bay Unified Air Pollution Control Districts

(APCD's). These revisions generally are

administrative and retain the previous emission control requirements. EPA has

reviewed these rules with respect to the

Clean Air Act and determined that they should be approved. I

DATE: This action is effective February

4, 1985.

ADDRESSES: A copy of the revisions is

available for public inspection during normal business hours at the EPA

Region 9 office and at the following

locations.

California Air Resources Board, 1102

'Q" Street, Sacramento, CA 95814

Public Information Reference Unit,

Environmental Protection Agency, 401

"M" Street, SW., Washington, D.C.

20460

EPA Library, Office of the Federal -

Register, 1100 "L' Street, NW., Room

8401, Washington, D.C. 20460

Lake County APCD, 255 North Forbes

Street, Lakeport, CA 95453

Mendocino County APCD, Courthouse

Square, Ukiah, CA 95482

Monterey Bay Unified APCD, 1164

Monroe Street, Suite 10, Salinas, CA

93906

North Coast Unified Air Quality

Management District, 5630 South

Broadway, Eureka, CA 95501

Sacramento County APCD, 3701 Branch

Center Road, Sacramento, CA 95827

San Diego County APCD, 9150

Chesapeake Drive, San Diego, CA

92123

San Joaquin County APCD, 1601 East

Hazelton Avenue, P.O. Box 2009,

Stockton, CA 95201

San Luis Obispo County APCD, P.O. Box

637, County Airport, Edna Road, San

Luis Obispo, CA 93406

Shasta County APCD, 1855 Placer Street,

Redding, CA 96001

FOR FURTHER INFORMATION CONTACT:

Thomas Rarick, Chief, State

Implementation Plan Section, A-2-3, Air

Management Division, Environmental

Protection Agency, Region 9, 215

Fremont Street, San Francisco, CA

94105, (415) 974-7641 FTS: 454-7641.

SUPPLEMENTARY INFORMATION:

Background

The ARB submitted as SIP revisions

the following rules on:

March 14,1984

Lake County APCD

Rule 602 New Source Review

North Coast UnifiedAQMD

Rule 100 Title

Rule 120 Administration

Rule 130 Definitions [Paragraplhs (dl)

and (s5]]

Rule 160 Ambient Air Quality Standards

Rule 240 Permit to Operate Rule 500 Enforcement

Rule 520 Civil Penalties

Rule 600 Authorization

Rule 610 Petition Procedures

Appendix B-Continuous Monitoring

San Diego County APCD

Rule 2 Definitions

Rule 52 Particulate Matter

Rule 53 Specific Contaminants

San Joaqum County APCD

Rule 110 Equipment Breakdown

Rule 202 Exemptions

Rule 407 Sulfur Compounds

April 19,1984

Mendocmno CountyAPCD

Rule 1-100 Title

Rule 1-120 Adminstration

Rule 1-130 Definitions [Paragraphs (dl) and (s5)]

Rule 1-160 Ambient Air Quality Standards

Rule 1-240 Permit to Operate Rule 1-500 Enforcement

Rule 1-520 Civil Penalties

Rule 1-600 Authorization

Rule 1-610 Petition Procedures

Appendix B-Continuous Monitoring

Rule g-101 Restrictions and

Description

Rule 2-102 Exemptions

Rule 2-200 Definitions

Rule 2-301 Open Burming-Agricultural

Rule 2-302 Open Burning-NonAgricultural

Rule 2-303 Forecasts.

Rule 2-304 Burning Permits

Rule 2-305 Designated Fire Agencies

Rule 2-401 Burning Preparation and

Restrictions

Rule 2-501 Prohibitions

Rule 2-502 Penalties

Monterey Bay Unified APCD

Rule 101

Rule 200

Rule 203

Rule 422

Definitions

Permits Required

Applications

Burning of Wood Wastes

Sacramento County APCD

Rule 101 General Provisions and

Definitions

Rule 102 Circumvention

Rule 103 Exceptions

Rule 403 Fugitive Dust

Rule 404 Particulate Matter

Rule 405 Dust and Condensed Fumes

Rule 406 Specific Contaminants

Rule 407 Open Fires

Rule 408 Incinerator Burning

Rule 409 Orchard Heaters

Rule 410 Reduction of Animal Matter

Rule 420 Sulfur Content of Fuels

Rule 501 Agricultural Burning

Rule 601 Procedure Before the Hearing

Board

Rule 602 Breakdown Conditions;

Emergency Variances

Rule 701 Emergency Episode Plan

San Lus Obispo County APCD

Rule 105 Definitions

Shasta County APCD

Rule 1:2 Definitions

Rule 2:2 State AAQS (repealed)

Rule 2:3 Implementation Plans

(repealed)

Rule 2:6 Open Burning

Rule 2:26 Emissions Calculation

Standards (repealed)

Rule 2:27 Banking (repealed)

Rule 3:2 Specific Air Contaminants

These rule revisions, are administrative and they do not

significantly impact current emission

control requirements. They cover changes in permit requirements and

expand categories of exempt sources,

provide new definitions as well as clarification and wording changes to

reflect new boundaries.

HeinOnline -- 49 Fed. Reg. 47490 1984
Federal Register / Vol. 49, No. 235 1 Wednesday. December 5, 19111 / Rules and Regulations 47491

San Joaquin County Rule 202 exempts

specific small emission units from the

requirement for a permit to operate. The

rule has been amended to lower the

exemption size cut-off from 750 HP to

200 HP for internal combustion engines.

The District has reformed EPA that the

exemptions in Rule 202 would not

exempt these units from any of the

requirements of their new source review

regulations.

Thus, itis the purpose of this notice to

approve and to incorporate these rules

into the Califorma SIP, with the

exception ofportions of Rule 160 and

Appendix B for both the North Coast

Unified AQMD and the Mendocino

APCD as discussed below.

Rule 160. "Ambient Air Quality

Standards." for the North Coast Unified

AQMD and Mendocino APCD is being

approved with the following exceptions:

No action is being taken at this time on

160[a)since it does not apply in the two

distracts and it contains requirements

for non-criteria pollutants. Therefore,

160[a) is not appropriate for inclusion in

the SIP.

Paragraph fD)[11e) of Appendix B.

"Continuous Monitoring, of the North

Coast Unified AQMI) and the

Mendocmo APCD are not being acted

on at this time since they include Kraft

Pulp Mills in the Standards of

Performance in Monitoring Systems.

Additionally, ERA is taking this

opportunity to rescind Shasta County

APCD's Rules 2:2, "State Ambient Air

Quality Standards"; 2:3,

"Implementation Plans"; 2:26,

"Emnissions Calculation Standards", and

2:27, '"Baning"

Evaluation

Under Section 110 of the Clean Air

Act as amended, and 40 CFR Part 51,

EPA is required to approve or

disapprove these regulations as SIP

revisions. All rules submitted, except

those not being acted on at this time

have been evaluated and found to be m

accordance with the Clean Air Act, EP

policy and 40 CFR Part 51. EPA's

detailed evaluation of the submitted

rules is available at the locations

indicated in the ADDRESSES section of

this notice.

EPA Action

This notice approves the rule

revisions listed above and incorporates

them into the California SIP. This is

being done without prior proposal

because the revisions are

noncontroversial, have limited impacL

and no comments are anticipated. The

public should be advised that this actio

will be effective 60 days from thedate 4

this Federal Register notice. However, i

notice is received within 20 days that

someone wishes to submit adverse

comments, the approval will be

withdrawn and a subsequent notice will

be published. The subsequent notice will

indefinitely postpone the effective date.

modify the final action to a proposed

action, and establish a comment peried.

Regulatory Process

The Office of Management and Budget

has exempted this rule from the

requirements of Section 3 of Executive

Order 1221. Under 5 U.S.C. Section

605[b), the Administrator has certified

that SIP approvals do not have a

significant econormc impact on a

substantial number of small entities.

(see 46 FR 8709.)

Under Section 207(b)(1) of the Clean

AirAct, petitions for judicial review of

this action must be filed in the United

States Court of Appeals for the

appropriate circuit by (60 days from

today). This action may not be

challenged later In proceedings to

enforce its requirements. (See 307[b)[2).)

Incorporation by reference of the

State Implementation Plan for the State

of California was approved by the

Director of the Federal Register on July 1,1932.

Authority: Secr. 110 and 301(a) of lhe C ean

Air Act, as amended [42 U.SC. 7410,7:02 and

76911a)).

ILst of Subjects-40 CFR Part ,2

Air Pollution Control Agency,

Incorporation by reference, Ozone,

Sulfur oxides, Nitrogen dioxide, Lead.

Particulate matter, Carbon monoxide,

Hydrocarbons, Intergovernmental

relations.

Dated Novembr28. 19L

,lliam D. Ruckelsaus.

Adminzsfra.!r.

PART 52-AMENDED]

Subpart F ofPart 52, Chapter L Title

L 40 of the Code of Federal Regulations is

amended as follows:

Subpart F-California

1. Section 52.220 is amended by

adding paragraphs (c)(153) and {c)(154)

to read as follows:

§ 52.220 Identificatlen of plan.

(153) Revised regulations for the

following APCD's were submitted on

March 14,1984 by the Governor's

designee.

n i Lake County APCD.

of (A) New or amended Rule 602.

.f (ii) North Coast Unified AQMD.

(A) New or amended Rules 100. 120.

130 [Paragraphs (dl) and (s5)l. 160

(except 1a) and non-criteria pollutants).

24o ,50.50. o% 610 and Appendix B

(except DlJlhj[e)).

(iii) San Die.o APCD.

(A) New or amended Rules 2 52 and

53.

(iv) San Jeaquin APCD.

(A) New or amended Rules 110. 202

and 407.

(154) Revised re lations for the

folloving APCD's vw ere submitted on

April 19. 1P3 by the Governor's

designee.

(i) Mendocino County APCD.

(A) New or =-mnded Regalation I:

Rules 100. 120.139 [Paragraphs (dl] and

(sS}]. 169 (ecept (a) and non-criteria

pollutants. 2a z91 52ii . 69, 610 and

Appendix B [e_.cept (D][l]{e)} and

Regulatlen 2: Rules 101,102, 200. 301,202.

303.304. 03 491. 591, and B02.

(ii) Monterey Bay Unified APCD.

(A) New or amended Rules 101, 200,

203 and 422.

(iii) Sacramento County APCD.

(A) Nerw or amended Rules 101.102,

103.403-410,4Z0, 501.601.602 and 701.

(iv) San Lis Obispo County APCD.

(A) New or amended Rule 103.

(v) Shasta County APCD.

(A) New or amended Rules 1:2.2:2

(repealed), 2:3 (repealed), 2:6 2:2-

(repealed), 2:27 (repealed), and 3"2-

J c_-1r - -CZ =

40 CFR Part 1O

[PP 3F2.64/1R722PRL-2730-5]

Tolerances and Exemptions From

Tolerances for Pesticide Chemicals in

or on RawAgricultural Commodities;

Iprodlone

,AGENCy: Enviroe-mental Protection

Agency (EPA).

ACTUMo Final rule.

SUMMPARY.This rule establishes

tolerances for the combined residues of

the funricida iprodione (3-{3.5-

dichlorophanyl -X 1-methylethyl}-2.4-

dioxo-1-tmldazolidinc-arboxamide]. its

isomnr and its nonhydroxylated

metabolite in or on certain raw

agricultural and animal meat

commodities. Tam regulation to

establish maximum levels for residues

of the p.sticide in or on the commodities

wcs rcqueated in a petition by RhonePoulenc. Inc.

EF ECTZVE DATm Effective on December

5. 19Z4.

HeinOnline -- 49 Fed. Reg. 47491 1984
No. 235 / Wednesday, December 5. 1984 / Rules and Rei'ulatnnsi

ADDRESS: Written objections, identified

by the document control number [PP

3F2964/R722]. may be submitted to the:

Hearing Clerk (A-110), Environmental

Protection Agency, Rm. 3708, 401 M

Street SW., Washington, D.C. 20460.

FOR FURTHER INFORMATION CONTACT.

By mail: Henry M. Jacoby, Product

Manager (PM) 21, Registration Division (TS-767C), Environmental

Protection Agency, 401 M Street SW., Washington, D.C. 20460

Office location and telephone number:

Rm. 227, CM#2,1921 Jefferson Davis

Highway, Arlington, VA 22202 (703-

557-1900).

SUPPLEMENTARY INFORMATION:

1. EPA issued a notice, published in

the Federal Register of November 23,

1983 (48 FR 52974), which announced

that Rhone-Poulenc, Inc., P.O. Box 125, Monmouth Junction, NJ 08852, had

submitted pesticide petition 4F2964 to

the EPA. This petition requested that the

Administrator, pursuant to section

408(e) of the Federal Food, Drug, and

Cosmetic Act, propose amending 40 CFR

180.399 by establishing tolerances for

the combined residues of the fungicide iprodione in or on the following

commodities:

a. Iprodione [r-(3,5-dichlorophenyl)-N-

,(1-methylethyl)-2,4-dioxo-1-

imidazolidinecarboxamide], its isomer

[3-{1-methylethyl) -N(3,5- dichlorophenyl-2,4-dioxo-1-

imidazolidinecarboxamide] and its

metabolite [3-(3,5-dichlorophenyl)-2,4-

dioxo-1-imidazolidinecarboxamide] in

or on the raw agricultural commodity

grapes at 60 parts per million (ppm). b. Iprodione and its nonhydroxylated

metabolites (expressed as iprodione equivalents) in or on the commodities

eggs at 0.8 ppm; fat, meat, and meat

byproducts (except kidney and liver) of

cattle, goats, hogs, horses, and sheep at

0.4 ppm, and kidney and liver of cattle,

goats, hogs, horses, and sheep at 3.0

ppm.

c. Iprodione and its nonhydroxylated and hydroxylated metabolites

(expressed as iprodione equivalents) in

or on the commodity milk at 0.3 ppm. 2. Subsequently, EPA issued a notice,

published in the Federal Register of June

6, 1984 (49 FR 23445), which announced

that Rhone-Poulenc Inc. amended the

petition as follows:

a. Redesignating a tolerance for

iprodione and its nonhydroxylated metabolites of 0.4 ppm for fat (except

poultry fat), meat, and meat byproducts (except liver and kidney) of cattle, goats, hogs, horses, poultry and sheep, and 3

ppm for liver and kidney of cattle, goats, hogs, horses, poultry, and sheep (except.

poultry kidney).

b. Adding tolerances for iprodione

and its nonhydroxylated metabolites of

3.0 ppm for poultry liver and 2.0 ppm for

poultry fat.

There were no comments received in

response to these notices of proposed rulemaking.

The data submitted in the petition and

all other relevant material have been

evaluated. The toxicological data

considered in support of the tolerances,

include (1) a three-generation rat

reproduction study with a NOEL of 500

ppm (25 mg/kg body weight/day), a

reproductive LEL of 2,000 ppm (100 mg/

kg body weight/day), hnd a systemic

NOEL equal to or greater than 2,000 ppm (100 mg/kg body weight/day; (2) a

rabbit teratology study in which the

following doses were administered by

gavage, 0, 100, 200 and 400 mg/kg body weight, resulting in a teratogenic NOEL

equal to or greater than 400 mg/kg body weight; (3) a rat teratology study in

which the following doses were

administered by gavage, 0, 100, 200, and

400 mg/kg body weight, resulting in a

teratogenic NOEL greater than 400 mg/ kg body weight; (4) a rat 24-month

feeding/oncogenicity study using dosage

levels of 125, 250, and 1,000 ppm (6.25,

12.5, and 50 mg/kg body weight/day), which showed no oncogenic effects

under the conditions of the study at the

highest dose tested; (5) an 18-month

oncogenicity study in mice using dosage levels of 200, 500, and 1,250 ppm (28.6, 71.4, 178.6 mg/kg body weight/day),

which showed no oncogenic effects

under the conditions of the study at the

highest dose tested.

Data currently lacking include a

second teratology study using gastric mtubation and mutagenecity studies

including (1) DNA repair;, (2) gene mutation, mammalian, preferably in

vitro; and (3) chromosomal aberration,

mammalian, preferably in vitro.

The acceptable daily intake (ADI)

based on the three-generation rat

reproduction study (NOEL of 25 mg/kg/ day) and using a 100 fold safety factor, is calculated to be 0.2500 mg/kg of bw/

day. The maximum permitted intake

(MPI) for a 60-kg human is calculated to

be 15.00 mg/day. The theoretical

maximum residue contribution (TMRC) from existing tolerances for a 1.5-kg daily diet is calculated to be 1.0708 mg/ day. The current action will utilize 3.48

percent of the ADI. These tolerances

and the published tolerances utilize a

total of 10.62 percent of the ADI.

The nature of the residues is

adequately understood and an adequate analytical method, gas chromatography, is available for enforcement purposes. There are presently no actions pending

against the continued registration of the

chemical.

The pesticide is considered useful for

the purpose for which the tolerances are

sought. It is concluded that the

tolerances will protect the public health

and are established as set forth below,

Any person adversely affected by this

regulation may, within 30 days after the

date of publication of this regulation In

the Federal Register, file written

objections with the Hearing Clerk,

Environmental Protection Agency, Room

3708 (A-110), 401 M Street, SW.,

Washington, DC 20460. Such objections

must specify the provisions of the

regulation deemed objectionable and the

grounds for the objections. If a hearing is requested, the objections must state

the issues for the hearing. A hearing will

be granted if the objections are

supported by grounds legally sufficient

to justify the relief sought.

As required by Executive Order 12291,

EPA has determined that this rule is not

a "Major" rule and therefore does not

require a Regulatory Impact Analysis. In

addition, the Office of Management and

Budget (OMB) has exempted this

regulation from the OMB review

requirements of Executive Order 12291,

pursuant to section 8(b) of that Order.

Pursuant to the requirements of the

Regulatory Flexibility Act (Pub. L. 90-

354, 94 Stat. 1164, 5 U.S.C. 001-612), the

Administrator has determined that the

regulations establishing new tolerances

or raising tolerance levels or

establishing exemptions from tolerance

requirements do not have a significant

economic impact on a substantial

number of small entities. A certification

statement to this effect wag published in

the Federal Register of May 4, 1981 (40

FR 24950).

(Sec. 408(e), 68 Stat. 514; (21 U.S.C. 346a(e)).

List of Subjects in 40 CFR Part 180

Administrative practice and

procedure, Agricultural commodities,

Pesticides and pests.

Dated: November 20,1984.

Susan Sherman,

Acting Director, Office of Pesticide Progrant.

PART 180--[AMENDED]

Therefore, 40 CFR 180.399 is amended

by (1) adding the commodity grapes to

paragraph (a), (2) revising the list of

commodities in paragraph (b), and (3)

revising the tolerance level for milk In

paragraph (c) to read as follows:

§ 180.399 Iprodlone; tolerances for

residues

(a) * * *

47492 Federal Register / Vol. 49,

HeinOnline -- 49 Fed. Reg. 47492 1984
Federal Register / VoL 49, No. 235 / Wednesday, December 5, 1934 / Rules and Regulations 47493

CoTmodes r

roe

Catu, fat GetS, kidney

Cale. ttva"

Catte, iaL

Cattl% mbyp (except -.v, ld .ney)

Eggs

Goals, at Goats idney

Goats. lter C-oats, rroa

Goats. rtrnp (ecept -e. idney1)

Hogs, fat Hogs. kidney Hogs, l-,er

Hog, meat

Hogs, rnbp (exc-pt -FIdy, ii.s)

Ho.'ee, fat

-orse% idney

Horses, ve Horses, m esat ~ Hm' s% mbp J-ept kd-, rxz40 . ..

Potry. fat

Po-.ay. l _ _ _ _ _

Pomljy. Teat

Pouly. arbyp lexcept W-1ne. IiEml

Sheap, fat

St-eA iddnoy

Sheep. met

Stleep. M."

Sheep. rrbyp (excep fod--yr 1;-rj

0.4

3.0

as

0.4

0.4

0.4

30

ao

0.4

0.4

3.0

.n

Q4

0.4

0.4

2D

0.4

A.4

2.0

as

0.4

1.4

0.4

:10

3.0

0.4 0.4

(c) A tolerance of 0.3 part per

million * * *

[FR Doc.5m4-Mn Fied 12-4-&::45 am)

BILuIM:a CODE 62.-50-U40CFR Part 180

[OPP-300095A; FRL-2730-8]

Tolerances and Exemptions From

Tolerances for Pesticide Chemicals In

or on Raw Agricultural Commodities,

Alpba-(P-NonyIphenyl}-OmegaHydroxypoly (Oxypropylene) Block

Polymer With Poly(Oxyethylene)

AGENCY: Environmental Protection

Agency {EPA).

Acmo n: Final rule.

SUrMARY: This rule expands the

exemption from the requirement of a

tolerance for alpha-fp-nonylphenyl)-

omega-hydroxypoly (oxypropylene)

block polymer with polyfoxyethylene)

when used as a surfactant in pesticide

formulations. This regulation -was

requested by the Quaker Chemical Corp.

EFFECTIVE DATE: Effective on December

5, 1984.

ADDRESS: Written objections may be

submitted to the: Hearing Clerk (A-110).

-Environmental Protection Agency, 401 M

Street SW., Washington, D.C. 20460.

FOR FURTHER INFORMATION CONTACT.

By mail: N. Ehushan Mandava,

Registration Support and Emergency

Response Branch, Environmental

Protection Agency, 401 M Street SW.,

Washington, D.C. 20460

Office location and telephone number

Room 716, CM "2,1921 Jefferson

Davis Highway, Arlington, VA 22202,

703-557-7700.

SUPPLEMFiTARY INFORMATION: EPA

issued a proposed rule, publish-d in the

Federal P.egistcr of September 5, 1934

(49 FR 35030), which announced that

Quaker Chemical Corp. had requested

that 40 CFR 180.1001(c) be amended by

expanding the existing exemption from

the requirement of a tolerance for acipha-

(p-nonylphenyl)-omea-hydroxypoly

(oxypropylene) block polymer with poly

(oxyethylene) (the entry appears

incorrectly in the CFR because of a

typographical error-"alpha-pNonylphEnyl)-alpha * * " should read "alpha-p.Nonylphenyl).oma'a * a*).

The ingredient is listed for use as a

surfactant in pesticide formulations, and

the amendment would expand the

polyoxypropylene content from 20-C0

moles to 10-60 moles, the

polyoxyethylene content from 20--60

moles to 10-80 moles, and the molecular

weight from 2,100-7,100 to 1,200-7,100.

Inert ingredients are ingredients that

are not active ingredients as defined in

40 CFR 162.3[c), and include, but are not

limited to. the following types of

ingredients (except when they have a

pesticide efficacy of their own): colvents

such as water baits such as sugar,

starches, and meat scraps; dust camera

such as talc and clay; fillers; wetting and

spreading agents; propellants in aerosol

dispensers; and emulsifiers. The term

"inert" is not intended to imply

nontoxicity; the ingredient may or may

not be chemically active.

There were no comments or requests

for referral to an advisory committee

received m response to the proposed

rule.

The pesticide is considered useful for

the purpose for which the exemption is

sought. It is concluded that the

exemption from the requirement of a

tolerance will protect the public health

and is established as set forth below.

Any person adversely affected by this

regulation may, within 30 days after

publication of this notice in the Federal

Register, file written objections with the

Hearing Clerk, at the address given

above. Such objections should specify

the provisions of the regulations deemed

objectionable and the grounds for the

objections. A hearing will be granted if

the objections are supported by grounds

legally sufficient to justify the relief

sought.

The Office of Management and Budget

has exempted this rule from the

requrements of etion 3 of Executive

Order 1291.

(Scc. 42:[e). 3 Slat. 514 (21 U.S.C. '34a[ell}

List of Subjects m 40 CFR Part 1C0

Administrative practice and procedure,

Agricultural commodities. Pesticides

and pests.

Dated: Nambvc 3, 1 5,.4.

Susan H. Shcraan.

Actipe-D tor. OFce ofF e.de Proram.:.

PART 18D--AMENDED]

Therafore, 40 CFR IS.131(c) is

amended by revasing the entry aplha4oNonylphenyl}-&ph.-

hydroxypolyfoaypropylene) block

polymer v.ith poly~oxyethylene), to read

as follows.

§ 120.1001 Exemptions from the

requirement of a tolcrance.

lt=!_zit eC1~ 10-C

{c}" • •

-=Z-3.= c: ._ ci 1tg-0

7,10

*:JJ; . =--a , .

40 CFR Part 180

[OPP-3903A; FRL-2720-41

Tolerances and Exemptions From

Tolerances for Pesticide Chemicals In

or on Raw Agricultural Commoditie..

Certain PesticIde Chemicals

AIGENCY. Environmental Protection

Agency (EPA].

ACTO:a Fin a rule.

su.iinY: These rules establish

tolerances for residues of certain

pesticide chemicals in or on the raw

agricultural commodity red chicory

(tops]. These regulations, established

upon the initiative of the EPA, set

maximum permissible levels for residues

of the insecticide m or on the

commodity.

HeinOnline -- 49 Fed. Reg. 47493 1984
47494 Federal Register / Vol. 49, No. 235 / Wednesday, December 5, 1984 / Rules and Regulations

EFFECTIVE DATE: Effective on December

5, 1984.

ADDRESS: Written objections, identified

by the document control number [OPP300098A], may be submitted to the:

Hearing Clerk (A-110), Environmental

Protection Agency, Rm. 3708, 401 M St.,

SW., Washington, D.C. 20460.

FOR FURTHER INFORMATION CONTACT. By

mail: Donald Stubbs, Emergency

Response and Minor Use Section (TS767C), Registration Division,

Environmental Protection Agency, 401 M

St., SW., Washington, DC 20460.

Office location and telephone number:.

Rm. 716B, CM #2; 1921 Jefferson Davis

Highway, Arlington, VA 22202, (703-

557-1192).

SUPPLEMENTARY INFORMATION: EPA

issued two proposed rules, published m the Federal Register of October 24, 1984,

which announced that upon the

initiative of the EPA, the Agency

proposed amending 40 CFR Part 180 by

establishing tolerances for residues of

certain pesticide chemicals in or on red

chicory (tops) in accordance with

section 408(e) of the Federal Food, Drug,

and Cosmetic Act.

1. Section 1.0.153. EPA proposed (49

FR 42752) establishing a tolerance for

residues of the insecticide O,O-diethyl

O-(2-isopropyl-6-methyl-4-pyrmidinyl)

phosphorothioate in or on the raw agricultural commodity red chicory

(tops) (also known as radicchio, a salad

crop only recently introduced for

cultivation in the U.S.) at 0.7 part per

million (ppm). 2. Section 180.157. EPA proposed (49

FR 42754) establishing a tolerance for

residues of the insecticide methyl 3-

[(dimethoxyphosphmyl)oxy]butenoate,

alpha and beta isomers in or on red

chicory (tops) (also known a radicchio)

at 0.5 part per million (ppm).

This action is in response to requests

from growers of this minor crop for

which there are currently no registered

pesticides.

There were on comments nor request

for referral to an advisory committee

received in response to the proposed

rules.

The toxicological data and other

relevant material have been evaluated

and discussed in the proposed rules.

The pesticides are considered useful

for the purpose for which the tolerances are sought. The Agency has determined

that the establishment of the tolerances

will protect the public health and are

established as set forth below.

Any person adversely affected by

these regulations may, within 30 days

after publication of this document in the

Federal Register, file written objections

with the Hearing Clerk, at the address

given above. Siuch objections should

specify the provisions of the regulation

deemed objectionable and the grounds

for the objections. If a hearing is

requested, the objections must state the

issues for the hearing and the grounds

for the objections. A hearing will be

granted if the objections are supported by grounds legally sufficient to justify the relief sought.

The Office of Management and Budget

has exempted this rule from the

requirements of section 3 of Executive

Order 12291.

(Sec. 408(d)(2), 68 StaL 512 (21 U.S.C.

346a(d)(2)))

List of Subjects m 40 CFR Part 180

Admimstrative practice and

procedure, Agricultural commodities,

Pesticides and pests.

Dated: November 26,1984.

Steven Schatzow,

Director, Office of Pesticide Programs.

PART 180-[AMENDED)

Therefore, 40 CFR Part 180 is

amended as follows:

1. In § 180.153 by adding and

alphabetically inserting the raw

agricultural commodity red chicory

(tops) to read as follows:

§ 180.153 0,0-Dlethyl O-(2-sopropyl-6- methyl-4-pyrimidinyl) phosphorothioate; tolerances for residues.

Commodities Pas per

Chicory, red (tops) (also known as radlochio) 0.7

2. In § 180.157 by adding and

alphabetically inserting the raw

agricultural commudity red chicory

(tops] to read as follows:

§ 180.157 Methyl 3-

[(dimethoxyphosphlnyl)oxy]butenoate,

alpha and beta isomers; tolerances for

residues.

Commodities Parts PC( milon

Chicory. rod (tops) (also known as radiccLo)... 0.5

[FR Doe. 84-31720 Filed IZ-4-.: 8:45 amJ

BILLING CODE 6560-60-M

DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

49 CFR Part 395

[BMCS Docket No. MC-99-1; Amdt. No. 83-

14]

Driver's Record of Duty Status;

Correction

AGENCY: Federal Highway

Administration (FHWA), DOT.

ACTION: Correction of effective date and

comment period date.

SUMMARY: This document corrects the

effective date and the comment period

date of the final rule amendment to the

driver's record of duty status that

appeared at page 46145 in the Federal

Register of Friday, November 23,1004

(49 FR 46145).

FOR FURTHER INFORMATION CONTACT:

Mr. Neill L. Thomas, Bureau of Motor

Carrier Safety, (202) 426-9767, or Mrs.

Kathleen S. Markman, Office of the

Chief Counsel, (202) 426-0346, Federal

Highway Administration, 400 Seventh

Street, SW., Washington, D.C. 20590.

Office hours are from 7:45 to 4:15 p.m.

ET, Monday through Friday.

Beginning on page 46145 in the issue

of Friday, November 23, 1984, the dates

"November 23, 1985" and "January 31,

1984" are hereby corrected to read as

"November 23,1984" and "January 31,

1985." The date line, as corrected, now

reads as follows: "This rule Is effective

November 23,1984. Comments must be

received by January 31, 1985."

(49 U.S.C. 3102; 49 CFR 1.48)

Issued on: November 20,1984.

Kenneth L. Pierson,

Director, Bureau of'Motor Carrier Safotv,

Federal Highway Admmnstration.

[FR Doc. 84-31081 Filed 12-4 4: 8:45 am)

BILLING CODE 4910-22-M

HeinOnline -- 49 Fed. Reg. 47494 1984