Federal Register / Vol. 63, No. 87 /Wednesday, May 6, 1998 /Rules and Regulations 24939

Inert ingredients Limits Uses

* * * * * * *

Vinyl pyrrolidone-acrylic acid copolymer (CAS Reg. No.

28062-44-4), minimum number average molecular weight

(in amu) 6,000.

................................ Adhesive, dispersion stabilizer and coating for sustained release granules.

* * * * * * *

* * * * * * *

(e) * * *

Inert ingredients Limits Uses

* * * * * * *

Maleic anhydride-diisobutylene copolymer, sodium salt

(CAS Reg. No. 37199-81-8), minimum number average molecular weight (in amu) 5,000-18,000.

................................................... Suspending agent and dispersing agent.

* * * * * * *

Polyvinylpyrrolidone butylated polymer (CAS Reg. No.

26160-96-3), minimum number-average molecular

weight (in amu) 9,500.

................................................... Surfactants, related adjuvant of surfactants and binder.

* * * * * * *

2-Propene-1-sulfonic acid sodium salt, polymer with

ethenol and ethenyl acetate, number average molecular weight (in amu) 6,000 - 12,000.

................................................... Binding agent.

* * * * * * *

Vinyl alcohol-vinyl acetate copolymer, benzaldehyde-osodium sulfonate condensate, minimum number average molecular weight (in amu) 20,000.................................................... Water soluble resin.

* * * * * * *

Vinyl pyrrolidone-acrylic, acid copolymer (CAS Reg.

No. 28062-44-4), minimum number average molecular weight (in amu) 6,000.

................................................... Adhesive, dispersion stabilizer and coating for sustained release granules.

* * * * * * *

[FR Doc. 98–11765 Filed 5–5–98; 8:45 am]

BILLING CODE 6560–50–F

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 180

[OPP–300650; FRL–5788–1]

RIN 2070–AB78

Safener HOE–107892; Extension of

Tolerances for Emergency Exemptions

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This rule extends timelimited tolerances for residues of the

herbicide safener HOE-107892 and its

metabolites in or on wheat grain at 0.01

part per million (ppm) and wheat straw

at 0.05 ppm for an additional 18–month

period, to February 1, 2000. This action

is in response to EPA’s granting of an

emergency exemption under section 18

of the Federal Insecticide, Fungicide,

and Rodenticide Act authorizing use of

the pesticide fenoxaprop with the

safener HOE–107892 (trade name

Puma) on durham wheat. Section

408(l)(6) of the Federal Food, Drug, and

Cosmetic Act (FFDCA) requires EPA to

establish a time-limited tolerance or

exemption from the requirement for a

tolerance for pesticide chemical

residues in food that will result from the

use of a pesticide under an emergency

exemption granted by EPA under

section 18 of FIFRA.

DATES: This regulation becomes

effective May 6, 1998. Objections and

requests for hearings must be received

by EPA, on or before July 6, 1998.

ADDRESSES: Written objections and

hearing requests, identified by the

docket control number [OPP–300650],

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–

300650], 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 be submitted electronically by

sending electronic mail (e-mail) to: oppdocket@epamail.epa.gov. Copies of

electronic objections and hearing

requests must be submitted as an ASCII
24940 Federal Register / Vol. 63, No. 87 /Wednesday, May 6, 1998 /Rules and Regulations

file avoiding the use of special

characters and any form of encryption.

Copies of electronic objections and

hearing requests will also be accepted

on disks in WordPerfect 5.1/6.1 or

ASCII file format. All copies of

electronic objections and hearing

requests must be identified by the

docket control number [OPP–300650].

No Confidential Business Information

(CBI) should be submitted through email. Copies of electronic objections and

hearing requests on this rule may be

filed online at many Federal Depository

Libraries.

FOR FURTHER INFORMATION CONTACT: By

mail: Andrew Ertman, Registration

Division (7505C), Office of Pesticide

Programs, Environmental Protection

Agency, 401 M St., SW., Washington,

DC 20460. Office location , telephone

number, and e-mail address: Rm. 278,

CM #2, 1921 Jefferson Davis Hwy.,

Arlington, VA 22202, (703) 308–9367; email: ertman.andrew@epamail.epa.gov.

SUPPLEMENTARY INFORMATION: EPA

issued a final rule, published in the

Federal Register of August 8, 1997 (62

FR 42678) (FRL–5731–7) , which

announced that on its own initiative

and under section 408(e) of the FFDCA,

21 U.S.C. 346a(e) and (l)(6), it

established time-limited tolerances for

the residues of herbicide safener HOE–

107892 and its metabolites in or on

wheat grain at 0.01 ppm and wheat

straw at 0.05 ppm, with an expiration

date of August 1, 1998. EPA established

the tolerances because section 408(l)(6)

of the FFDCA requires EPA to establish

a time-limited tolerance or exemption

from the requirement for a tolerance for

pesticide chemical residues in food that

will result from the use of a pesticide

under an emergency exemption granted

by EPA under section 18 of FIFRA. Such

tolerances can be established without

providing notice or period for public

comment.

EPA received a request to extend the

use of fenoxaprop with the safener

HOE–107892 on durham wheat for this

year’s growing season because the

registered alternatives for use on

durham wheat are not providing

reliable, season-long control of green

and yellow foxtail. In addition,

documented cases of trifluralin resistant

green foxtail have been reported by

North Dakota. After having reviewed the

submission, EPA concurs that

emergency conditions exist for these

states. EPA has authorized under FIFRA

section 18 the use of Puma (fenoxaprop

with the safener HOE–107892) on

durham wheat for control of green and

yellow foxtail in North Dakota and

Montana.

EPA assessed the potential risks

presented by residues of the herbicide

safener HOE–107892 in or on wheat

grain and wheat straw. In doing so, EPA

considered the new safety standard in

FFDCA section 408(b)(2), and decided

that the necessary tolerances under

FFDCA section 408(l)(6) would be

consistent with the new safety standard

and with FIFRA section 18. The data

and other relevant material have been

evaluated and discussed in the final rule

of August 8, 1997. Based on the data

and information considered, the Agency

reaffirms that extension of the timelimited tolerances will continue to meet

the requirements of section 408(l)(6).

Therefore, the time-limited tolerances

are extended for an additional 18–

month period. Although these

tolerances will expire and are revoked

on February 1, 2000, under FFDCA

section 408(l)(5), residues of the

pesticide not in excess of the amounts

specified in the tolerances remaining in

or on wheat grain and wheat straw after

that date will not be unlawful, provided

the pesticide is applied in a manner that

was lawful under FIFRA and the

application occurred prior to the

revocation of the tolerances. EPA will

take action to revoke these tolerances

earlier if any experience with, scientific

data on, or other relevant information

on this pesticide indicate that the

residues are not safe.

I. Objections and Hearing Requests

The new FFDCA section 408(g)

provides essentially the same process

for persons to ‘‘object’’ to a tolerance

regulation issued by EPA under new

section 408(e) and (l)(6) as was provided

in the old section 408 and in section

409. However, the period for filing

objections is 60 days, rather than 30

days. EPA currently has procedural

regulations which govern the

submission of objections and hearing

requests. These regulations will require

some modification to reflect the new

law. However, until those modifications

can be made, EPA will continue to use

those procedural regulations with

appropriate adjustments to reflect the

new law.

Any person may, by July 6, 1998, file

written objections to any aspect of this

regulation and may also request a

hearing on those objections. Objections

and hearing requests must be filed 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

regulation deemed objectionable and the

grounds for the objections (40 CFR

178.25). Each objection must be

accompanied by the fee prescribed by

40 CFR 180.33(i). If a hearing is

requested, the objections must include a

statement of the factual issues on which

a hearing is requested, the requestor’s

contentions on such issues, and a

summary of any evidence relied upon

by the requestor (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 genuine and substantial issue

of fact; there is a reasonable possibility

that available evidence identified by the

requestor would, if established, resolve

one 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

issues in the manner sought by the

requestor would be adequate to justify

the action requested (40 CFR 178.32).

Information submitted in connection

with an objection or hearing request

may be claimed confidential by marking

any part or all of that information as

CBI. Information so marked will not be

disclosed except in accordance with

procedures set forth in 40 CFR part 2.

A copy of the information that does not

contain CBI must be submitted for

inclusion in the public record.

Information not marked confidential

may be disclosed publicly by EPA

without prior notice.

II. Public Record and Electronic

Submissions

The official record for this

rulemaking, as well as the public

version, as described above will be kept

in paper form. Accordingly, EPA will

transfer any copies of objections and

hearing requests received electronically

into printed, paper form as they are

received and will place the paper copies

in the official rulemaking record which

will also include all comments

submitted directly in writing. The

official rulemaking record is the paper

record maintained at the Virginia

address in ‘‘ADDRESSES’’ at the

beginning of this document

Electronic comments may be sent

directly to EPA at:

opp-docket@epamail.epa.gov.

Electronic objections and hearing

requests must be submitted as an ASCII

file avoiding the use of special

characters and any form of encryption.

The official record for this

rulemaking, as well as the public

version will be kept in paper form.

Accordingly, EPA will transfer any

copies of objections and hearing

requests received electronically into

printed, paper form as they are received
Federal Register / Vol. 63, No. 87 /Wednesday, May 6, 1998 /Rules and Regulations 24941

and will place the paper copies in the

official rulemaking record which will

also include all comments submitted

directly in writing. The official

rulemaking record is the paper record

maintained at the address in

‘‘ADDRESSES’’ at the beginning of this

document.

III. Regulatory Assessment

Requirements

This final rule extends time-limited

tolerances that were previously

extended by EPA 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).

In addition, 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).

Since this extension of existing timelimited tolerances does 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 has 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.

IV. Submission to Congress and the

General Accounting Office

Under 5 U.S.C. 801(a)(1)(A), as added

by the Small Business Regulatory

Enforcement Fairness Act of 1996, EPA

submitted 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 General Accounting

Office prior to publication of this rule in

today’s Federal Register. This 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: April 22, 1998.

James Jones,

Director, Registration Division, Office of

Pesticide Programs.

Therefore, 40 CFR chapter I 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.

§ 180.509 [Amended]

2. In § 180.509, the table in paragraph

(b) is amended by changing the date

‘‘August 1, 1998’’ to read ‘‘2/1/00’’,

wherever it appears.

[FR Doc. 98–11763 Filed 5–5–98; 8:45 am]

BILLING CODE 6560–50–F

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 180

[OPP–300653; FRL–5788–5]

RIN 2070–AB78

Cymoxanil; Pesticide Tolerance

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This regulation establishes a

tolerance for residues of the fungicide,

cymoxanil, 2-cyano-N-

[(ethylamino)carbonyl]-2-

(methoxyimino) acetamide, in or on

potatoes. E.I. DuPont de Nemours &

Company submitted a petition under the

Federal Food, Drug and Cosmetic Act

(FFDCA), as amended by the Food

Quality Protection Act of 1996 (Pub. L.

104–170) requesting this tolerance.

DATES: This regulation is effective May

6, 1998. Objections and requests for

hearings must be received by EPA on or

before July 6, 1998.

ADDRESSES: Written objections and

hearing requests, identified by the

docket control number, [OPP–300653],

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–

300653], 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: oppdocket@epamail.epa.gov. 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–

300653]. 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: Mary Waller, Acting Product

Manager (PM) 21, Registration Division

7505C, Office of Pesticide Programs,

Environmental Protection Agency, 401

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

Office location, telephone number, and

e-mail address: Crystal Mall #2, 1921

Jefferson Davis Hwy., Arlington, VA,

(703) 308–9354, e-mail:

waller.mary@epamail.epa.gov.

SUPPLEMENTARY INFORMATION: In the

Federal Register of (July 25, 1997, 62 FR

40075)(FRL–5726–4), EPA issued a

notice pursuant to section 408 of the

Federal Food, Drug, and Cosmetic Act

(FFDCA), 21 U.S.C. 346a(e) announcing

the filing of pesticide petition (PP

7F4805) for a tolerance by E.I. DuPont

de Nemours and Company, E. I. DuPont

Agricultural Products, Walker’s Mill,