Federal Register / Vol. 60, No. 50 / Wednesday, March 15, 1995 / Proposed Rules 13943

also been submitted to the Food and

Drug Administration for publication in

PAM II. Because of the long lead time

for publication of the analytical

methods in PAM II, the analytical

methods are being made available in the

interim to anyone interested in pesticide

enforcement when requested from:

Calvin Furlow, Public Response and

Program Resources Branch, Field

Operations Divisions (7506C), Office of

Pesticide Programs, Environmental

Protection Agency, 401 M St., SW.,

Washington, DC 20460. Office location

and telephone number: Rm. 1132, CM

#2, 1921 Jefferson Davis Hwy.,

Arlington, VA 22202, (703)-305-5937.

There is no reasonable expectation

that secondary residues will occur in

milk, eggs or meat of livestock and

poultry from the proposed uses of

sethoxydim on asparagus, cranberries,

endive, and mint; there are no livestock

feed items associated with these

commodities. Any secondary residues

occurring in meat, fat, meat byproducts

and milk of cattle, goats, hogs, horses

and sheep from the proposed use on

carrots will be covered by existing

tolerances. There are no residues

expected to occur in poultry meat, meat

byproducts, fat or eggs since carrots are

not considered a poultry feed item.

Based on the information and data

considered, the Agency has determined

that the tolerances established by

amending 40 CFR part 180 would

protect the public health. Therefore, it is

proposed that the tolerances be

established as set forth below.

Any person who has registered or

submitted an application for registration

of a pesticide, under the Federal

Insecticide, Fungicide, and Rodenticide

Act (FIFRA) as amended, which

contains any of the ingredients listed

herein, may request within 30 days after

publication of this document in the

Federal Register that this rulemaking

proposal be referred to an Advisory

Committee in accordance with section

408(e) of the FFDCA.

Interested persons are invited to

submit written comments on the

proposed regulation. Comments must

bear a notation indicating the document

control number, [PP 0E3909, 2E4052,

2E4065, 2E4092, and 3E4162/P602]. All

written comments filed in response to

these petitions will be available in the

Public Response and Program Resources

Branch, at the address given above from

8 a.m. to 4 p.m., Monday through

Friday, except legal holidays.

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, Reporting and recordkeeping

requirements.

Dated: February 28, 1995.

Stephen L. Johnson,

Director, Registration Division, Office of

Pesticide Programs.

Therefore, it is proposed that 40 CFR

part 180 be 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 § 180.412, by revising the section

heading and the introductory text of

paragraphs (a) and (b) to correct the

spelling of the chemical name and by

adding new paragraphs (c) and (d), to

read as follows:

§ 180.412 2-[1-(Ethoxyimino)butyl]-5-[2-

(ethylthio)propyl]-3-hydroxy-2-cyclohexen1-one; tolerances for residues.

(a) Tolerances are established for the

combined residues of the herbicide 2-

[1(ethoxyimino)butyl]-5-[2-

(ethylthio)propyl]-3-hydroxy-2-

cyclohexen-1-one) and its metabolites

containing the 2-cyclohexen-1-one

moiety (calculated as the herbicide) in

or on the following raw agricultural

commodities:

* * * * *

(b) Tolerances with regional

registration, as defined in § 180.1(n), are

established for the combined residues of

the herbicide 2-[1-(ethoxyimino) butyl]-

5-[2-(ethylthio)propyl]-3-hydroxy-2-

cyclohexen-1-one) and its metabolites

containing the 2-cyclohexen-1-one

moiety (calculated as the herbicide) in

or on the following raw agricultural

commodities:

* * * * *

(c) Time-limited tolerances to expire

December 31, 1996, are established for

combined residues of the herbicide 2-[1-

(ethoxyimino)butyl]-5-[2-

(ethylthio)propyl]-3-hydroxy-2-

cyclohexen-1-one) and its metabolites

containing the 2-cyclohexen-1-one

moiety (calculated as the herbicide) in

or on the following raw agricultural

commodities:

Commodity Parts per

million

Asparagus ................................. 4.0

Carrot ........................................ 1.0

Cranberry .................................. 2.0

Peppermint ................................ 30.0

Spearmint .................................. 30.0

(d) Time-limited tolerances to expire

December 31, 1996, are established with

regional registration, as defined in

§ 180.1(n), for combined residues of the

herbicide 2-[1-(ethoxyimino)butyl]-5-[2-

(ethylthio)propyl]-3-hydroxy-2-

cyclohexen-1-one) and its metabolites

containing the 2-cyclohexen-1-one

moiety (calculated as the herbicide) in

or on the following raw agricultural

commodities:

Commodity Parts per

million

Endive ....................................... 2.0

[FR Doc. 95–6419 Filed 3–14–95; 8:45 am]

BILLING CODE 6560–50–F