7456 Federal Register / Vol. 60, No. 26 / Wednesday, February 8, 1995 / Rules and Regulations

OHIO—OZONE—Continued

Designated area

Designation Classification

Date 1 Type Date 1 Type

* * * * * * *

Steubenville Area, Jefferson County .............................. March 10, 1995 .................. Attainment.

* * * * * * *

1This date is November 15, 1990, unless otherwise noted.

* * * * *

[FR Doc. 95–3072 Filed 2–7–95; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 180

[PP 4F4314/R2104; FRL–4932–4]

RIN 2070–AB78

1,4-Dimethylnaphthalene; Exemption

from the Requirement of a Tolerance

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: EPA establishes an exemption

from the requirement for a tolerance for

residues of the potato sprout inhibitor

1,4-dimethylnaphthalene from the

postharvest application to potatoes. D-I1-4, Inc., requested this exemption.

EFFECTIVE DATE: This regulation

becomes effective February 8, 1995.

ADDRESSES: Written objections and

hearing requests, identified by the

document control number, [PP 4F4314/

R2104], may be submitted to: Hearing

Clerk (1900), Environmental Protection

Agency, Rm. M3708, 401 M St., SW.,

Washington, DC 20460. A copy of any

objections and hearing request filed

with the Hearing Clerk should be

identified by the document control

number and submitted to: Public

Response and Program Resources

Branch, Field Operations Division

(7505C), Office of Pesticide Programs,

Environmental Protection Agency, 401

M St., SW., Washington DC 20450. In

Person, bring copy of objections and

hearing request to: Rm. 1132, CM #2,

1921 Jefferson Davis Hwy., Arlington,

VA 22202. Fees accompanying

objections shall be labeled ‘‘Tolerance

Petition Fees’’ and forwarded to: EPA

Headquarters Accounting Operations

Branch, OPP (Tolerance Fees), P.O. Box

360277M, Pittsburgh, PA 15251.

FOR FURTHER INFORMATION CONTACT: By

mail: Cynthia Giles-Parker, Product

Manager (PM) 22, Registration Division,

Environmental Protection Agency, 401

M St., SW., Washington, DC 20460.

Office location and telephone number:

Rm. 229, CM #2, 1921 Jefferson Davis

Hwy., Arlington, VA 22202, (703) 305-

5540.

SUPPLEMENTARY INFORMATION: EPA

issued a notice, published in the

Federal Register of March 30, 1994 (59

FR 14854), which announced that D-I-1-

4, Inc., 15401 Cartwright Rd., Boise, ID

83703, had submitted pesticide petition

(PP) 4F4314 to EPA requesting that the

Administrator, pursuant to section

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

Cosmetic Act (FFDCA), 21 U.S.C.

346a(d), establish an exemption from

the requirement of a tolerance for the

plant growth regulator 1,4-

dimethylnaphthalene for use on

potatoes (post- harvest).

There were no comments received in

response to this notice of filing. The

data submitted in the petition and all

other relevant material have been

evaluated. The toxicological data

considered in support of the exemption

from the requirement of a tolerance

include:

1. A rat acute oral study with an LD50

of 2,730 milligrams (mg)/kilogram (kg).

2. A rabbit acute dermal study with an

LD50 greater than 2 grams (g)/kg.

3. A rat acute inhalation study with

an LD50 greater than 4.16 mg/Liter (L).

4. A rabbit primary eye irritation

study with moderate irritation that

dissipated by day 14.

5. A rabbit primary dermal irritation

study with moderate irritation that

dissipated by day 14.

6. A guinea pig dermal sensitization

study with no apparent sensitization.

7. An Ames mutagenicity study that

was negative in the presence and

absence of metabolic activation

homogenate.

8. An in vitro test for unscheduled

DNA synthesis in rat liver primary cell

culture that was negative.

9. A in vivo micronucleus assay that

was negative.

10. No hypersensitivity Incidents

were reported.

1,4-Dimethylnaphthalene has been

classified as a biochemical as defined by

40 CFR 158.65. Biochemical pesticides

are distinguished by their unique

nontoxic mode of action, low use

volume, target specificity, and natural

occurrence. 1,4-Dimethylnaphthalene is

naturally occurring in potatoes at levels

between 1 and 10 ppm. When

conditions are right for sprouting, the

potato metabolizes 1,4-

dimethylnaphthalene to a low enough

level so that sprouting can occur. 1,4-

Dimethylnaphthalene is applied to

potatoes at a 2.5 ppm level up to 4

applications as a plant growth regulator

during the storage season, which

generally runs from October to August,

to keep 1,4-dimethylnaphthalene at a

sufficient concentration in the potato to

continue to inhibit sprouting.

The results of the toxicity studies

provided, the low-volume use pattern,

and the fact that use of the product will

not increase levels of 1,4-

dimethylnaphthalene above levels

normally found in potatoes are

sufficient to demonstrate that there are

no foreseeable human health hazards

likely to arise from the use of the

product as a potato sprout inhibitor.

Because no enforcement residue level is

established by this exemption, the

requirement for an analytical method for

enforcement purposes is not applicable

to this exemption request.

1,4-Dimethylnaphthalene is

considered useful for the purposes for

which the exemption is sought. Based

on the information and data considered,

the Agency concludes that the

establishment of a tolerance is not

necessary to protect the public health.

Therefore, the exemption from

requirement of a tolerance is established

as set forth below.

Any person adversely affected by this

regulation may, within 30 days after

publication of this document in the

Federal Register, file written objections

and/or request a hearing with the

Hearing Clerk, at the address given

above (40 CFR 178.20). A copy of the

objections and/or hearing requests filed

with the Hearing Clerk should be

submitted to the OPP docket for this

rulemaking. The objections submitted

must specify the provisions of the
Federal Register / Vol. 60, No. 26 / Wednesday, February 8, 1995 / Rules and Regulations 7457

regulation deemed objectionable and the

grounds for the objections (40 CFR

178.25). Each objection must be

accompanied by the fees provided by 40

CFR 180.33(i). If a hearing is requested,

the objections must include a statement

of the factual issue(s) on which a

hearing is requested, and the requestor’s

contentions on each such issue, and a

summary of the evidence relied upon by

the objection (40 CFR 178.27). A request

for a hearing will be granted if the

Administrator determines that the

material submitted shows the following:

there is a genuine and substantial issue

of fact; there is a reasonable possibility

that available evidence identified by the

requestor would, if established, resolve

on or more of such issues in favor of the

requestor, taking into account

uncontested claims or facts to the

contrary; and resolution of the factual

issue(s) in the manner sought by the

requestor would be adequate to justify

the action requested (40 CFR 178.32).

Under Executive Order 12866 (58 FR

51735, Oct. 4, 1993), the Agency must

determine whether the regulatory action

is ‘‘significant’’ and therefore subject to

all the requirements of the Executive

Order (i.e., Regulatory Impact Analysis,

review by the Office of Management and

Budget (OMB)). Under section 3(f), the

order defines ‘‘significant’’ as those

actions likely to lead to a rule (1) having

an annual effect on the economy of $100

million or more, or adversely and

materially affecting a sector of the

economy, productivity, competition,

jobs, the environment, public health or

safety, or State, local or tribal

governments or communities (also

known as ‘‘economically significant’’);

(2) creating serious inconsistency or

otherwise interfering with an action

taken or planned by another agency; (3)

materially altering the budgetary

impacts of entitlement, grants, user fees,

or loan programs; or (4) raising novel

legal or policy issues arising out of legal

mandates, the President’s priorities, or

the principles set forth in this Executive

Order.

Pursuant to the terms of this

Executive Order, EPA has determined

that this rule is not ‘‘significant’’ and is

therefore not subject to OMB review.

Pursuant to the requirements of the

Regulatory Flexibility Act (Pub. L. 96-

354, 94 Stat. 1164, 5 U.S.C. 601-612),

the Administrator has determined that

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 was published in

the Federal Register of May 4, 1981 (46

FR 24950).

List of Subjects in 40 CFR Part 180

Environmental protection,

Administrative practice and procedure,

Agricultural commodities, Pesticides

and pests, Recording and recordkeeping

requirements.

Dated: January 27, 1995.

Daniel M. Barolo,

Director, Office of Pesticide Programs.

Therefore, 40 CFR Part 180 is

amended as follows:

PART 180—[AMENDED]

1. The authority citation for part 180

continues to read as follows:

Authority: 21 U.S.C. 346a and 371.

2. In subpart D, by adding new

§ 180.1142, to read as follows:

§ 180.1142 1,4-Dimethylnaphthalene;

exemption from the requirement of

tolerance.

An exemption from the requirement

of a tolerance is established for residues

of the plant growth regulator 1,4-

dimethylnaphthalene when applied

post harvest to potatoes in accordance

with good agricultural practices.

[FR Doc. 95–2821 Filed 2–7–95; 8:45 am]

BILLING CODE 6560–50–F

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 180

[PP 5F3188/R2107; FRL–4933–6]

RIN 2070–AB78

Pesticide Tolerances for Paraquat

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This document establishes

tolerances for residues of the dessicant,

defoliant, and herbicide paraquat (1,1’-

dimethyl-4,4’-bipyridinium ion) derived

from the application of either the

bis(methyl sulfate) or dichloride salt

(both calculated as the cation) in or on

the raw agricultural commodities

(RACs) rice grain and rice straw. Zeneca

Agricultural Products requested the

establishment of these maximum

permissible residues of the herbicide.

EFFECTIVE DATE: This regulation

becomes effective February 8, 1995.

ADDRESSES: Written objections,

identified by the document control

number, [PP 5F3188/R2107], may be

submitted to: Hearing Clerk (1900),

Environmental Protection Agency, Rm.

M3708, 401 M St., SW., Washington, DC

20460. A copy of any objections and

hearing requests filed with the Hearing

Clerk should be identified by the

document control number and

submitted to: Public Response and

Program Resources Branch, Field

Operations Division (7506C), Office of

Pesticide Programs, Environmental

Protection Agency, 401 M St., SW.,

Washington, DC 20460. In person, bring

copy of objections and hearing requests

to: Rm. 1132, CM #2, 1921 Jefferson

Davis Hwy., Arlington, VA 22202. Fees

accompanying objections shall be

labeled ‘‘Tolerance Petition Fees’’ and

forwarded to: EPA Headquarters

Accounting Operations Branch, OPP

(Tolerance Fees), P.O. Box 360277M,

Pittsburgh, PA 15251.

FOR FURTHER INFORMATION CONTACT: By

mail: Robert J. Taylor, Product Manager

(PM 25), Registration Division (7505C),

Environmental Protection Agency, 401

M St., SW., Washington, DC 20460.

Office location and telephone number:

Rm. 241, 1921 Jefferson Davis Hwy.,

Arlington, VA 22202, (703)-305-6027.

SUPPLEMENTARY INFORMATION: In the

Federal Register of December 21, 1994

(59 FR 65744), EPA issued a proposed

rule that gave notice that Zeneca

Agricultural Products, 1800 Concord

Pike, Wilmington, DE 19897, had

submitted to EPA a pesticide petition,

PP 5F3188, under section 408 of the

Federal Food, Drug, and Cosmetic Act,

21 U.S.C. 346a, to establish tolerances

for the desiccant, defoliant, and

herbicide paraquat (1,1-dimethyl-4,4’-

bipyridinium ion) derived from the

application of either the bis(methyl

sulfate) or dichloride salt (both

calculated as the cation) in or on the

raw agricultural commodities rice grain

at 0.05 part per million (ppm) and rice

straw at 0.06 ppm.

There were no comments or requests

for referral to an advisory committee

received in response to the proposed

rule.

The data submitted in the petition

and other relevant material have been

evaluated and discussed in the

proposed rule. Based on the data and

information considered, the Agency

concludes that the tolerances will

protect the public health. Therefore, the

tolerances are established as set forth

below.

Any person adversely affected by this

regulation may, within 30 days after

publication of this document in the

Federal Register, file written objections

and/or request a hearing with the

Hearing Clerk, at the address given