21734 Federal Register / Vol. 60, No. 85 / Wednesday, May 3, 1995 / Rules and Regulations

requestor’s contentions on such issues,

and a summary of any evidence relied

upon by the objector (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

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

issue(s) in the manner sought by the

requestor would be adequate to justify

the action requested (40 CFR 178.32).

A record has been established for this

rulemaking under docket number [PP

0E3882 and PP 4E4286/R2115]

(including comments and data

submitted electronically as described

below). A public version of this record,

including printed, paper versions of

electronic comments, which does not

include any information claimed as CBI,

is available for inspection from 8 a.m. to

4:30 p.m., Monday through Friday,

excluding legal holidays. The public

record is located in Room 1132 of the

Public Response and Program Resources

Branch, Field Operations Division

(7506C), Office of Pesticide Programs,

Environmental Protection Agency,

Crystal Mall #2, 1921 Jefferson Davis

Highway, Arlington, VA.

Written objections and requests for

hearings, identified by the document

control number [PP 0E3882 and PP

4E4286/R2115], may be submitted to the

Hearing Clerk (1900), Environmental

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

SW., Washington, DC 20460.

A copy of electronic objections and

requests for hearings can be sent

directly to EPA at:

opp-Docket@epamail.epa.gov

A copy of electronic objections and

requests for hearings 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, as described above will be kept

in paper form. Accordingly, EPA will

transfer any copies of objections and

requests for hearings 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 address

in ‘‘ADDRESSES’’ at the beginning of

this document.

Under Executive Order 12866 (58 FR

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

determine whether the regulatory action

is ‘‘significant’’ and therefore subject to

review by the Office of Management and

Budget (OMB) and the requirements of

the Executive Order. Under section 3(f),

the order defines a ‘‘significant

regulatory action’’ as an action that is

likely to result in 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

referred to 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 the

rights and obligations of recipients

thereof; 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 the 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: April 18, 1995.

Stephen L. Johnson,

Director, Registration Division, 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 § 180.368, paragraph (a) is

amended by adding and alphabetically

inserting the entry for celery, and

paragraph (c) is amended by adding and

alphabetically inserting the entry for

onion (dry bulb), to read as follows:

§ 180.368 Metolachlor; tolerances for

residues.

(a) * * *

Commodity Parts per

million

* * * * *

Celery ........................................ 0.1

* * * * *

* * * * *

(c) * * *

Commodity Parts per

million

Onion, dry bulb ......................... 1.0

* * * * *

[FR Doc. 95–10866 Filed 5–2–95; 8:45 am]

BILLING CODE 6560–50–F

40 CFR Part 180

[PP 8F3658/R2126; FRL–4950–1]

RIN 2070–AB78

Triasulfuron; Pesticide Tolerances

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This document establishes a

permanent tolerance for residues of the

herbicide triasulfuron, [3-(6-methoxy-4-

methyl-1,3,5-triazin-2-yl)-1-(2-(2-

chloroethoxy)phenylsulfonyl)urea], in

or on barley and wheat grain at 0.02 part

per million (ppm); barley and wheat

straw at 2.0 ppm; barley and wheat

forage at 5.0 ppm; meat, fat, and meat

byproducts (excluding kidney) of cattle,

goats, hogs, horses, and sheep at 0.1

ppm; kidney of cattle, goats, hogs,

horses, and sheep at 0.2 ppm; and milk

at 0.02 ppm. Ciba-Geigy Corp. has

fulfilled certain testing requirements,

and EPA is changing time-limited

tolerances to permanent tolerances.

EFFECTIVE DATE: This regulation

becomes effective on May 3, 1995.

ADDRESSES: Written objections,

identified by the document control

number, [PP 8F3658/R2126], 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
Federal Register / Vol. 60, No. 85 / Wednesday, May 3, 1995 / Rules and Regulations 21735

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.

A copy of objections and requests for

hearings 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 requests for hearings

must be submitted as an ASCII file

avoiding the use of special characters

and any form of encryption. Copies of

objections and requests for hearings will

also be accepted on disks in

WordPerfect in 5.1 file format or ASCII

file format. All copies of objections and

requests for hearings in electronic form

must be identified by the docket number

[PP 8F3658/R2126]]. No Confidential

Business Information (CBI) should be

submitted through e-mail. Electronic

copies of objections and requests for

hearings on this rule may be filed online

at many Federal Depository Libraries.

Additional information on electronic

submissions can be found below in this

document.

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)-305–6800; email: taylor.robert@epamail.epa.gov.

SUPPLEMENTARY INFORMATION: In the

Federal Register of March 15, 1995 (60

FR 13939), EPA issued a proposed rule

that gave notice that based on

completion of required studies by the

Ciba-Geigy Corp. and based on the

information cited in documents

establishing time-limited tolerances for

triasulfuron (57 FR 8844, March 13,

1992 and 59 FR 44931, August 31,

1993), EPA proposed to establish

permanent tolerances to replace the

then-current time-limited tolerances for

triasulfuron.

There were no comments or requests

for referral to an advisory committee

received in response to the proposed

rule.

The data submitted with the proposal

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 permanent 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

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 issue(s) on

which a hearing is requested, the

requestor’s contentions on such issues,

and a summary of any evidence relied

upon by the objector (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

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

issue(s) in the manner sought by the

requestor would be adequate to justify

the action requested (40 CFR 178.32).

A record has been established for this

rulemaking under docket number [PP

8F3658/R2126] (including copies of

objections and requests for hearings

submitted electronically as described

below). A public version of this record,

including printed, paper versions of

electronic comments, which does not

include any information claimed as CBI,

is available for inspection from 8 a.m. to

4:30 p.m., Monday through Friday,

excluding legal holidays. The public

record is located in Room 1132 of the

Public Response and Program Resources

Branch, Field Operations Division

(7506C), Office of Pesticide Programs,

Environmental Protection Agency,

Crystal Mall #2, 1921 Jefferson Davis

Highway, Arlington, VA.

Written objections and requests for

hearings, identified by the document

control number [PP 8F3658/R2126],

may be submitted to the Hearing Clerk

(1900), Environmental Protection

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

Washington, DC 20460.

A copy of electronic objections and

requests for hearings can be sent

directly to EPA at:

opp-Docket@epamail.epa.gov

A copy of electronic objections and

requests for hearings 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, as described above will be kept

in paper form. Accordingly, EPA will

transfer any copies of objections and

requests for hearings 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 address

in ‘‘ADDRESSES’’ at the beginning of this

document.

Under Executive Order 12866 (58 FR

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

determine whether the regulatory action

is ‘‘significant’’ and therefore subject to

review by the Office of Management and

Budget (OMB) and the requirements of

the Executive Order. Under section 3(f),

the order defines a ‘‘significant

regulatory action’’ as an action that is

likely to result in 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

referred to 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 the

rights and obligations of recipients

thereof; 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 the 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
21736 Federal Register / Vol. 60, No. 85 / Wednesday, May 3, 1995 / Rules and Regulations

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: April 20, 1995.

Stephen L. Johnson,

Director, Registration Division, 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. By revising § 180.459, to read as

follows:

§ 180.459 Triasulfuron; tolerances for

residues.

Tolerances are established for the

residues of the herbicide triasulfuron,

[3-(6-methoxy-4-methyl-1,3,5-triazin-2-

yl)-1-(2-(2-

chloroethoxy)phenylsulfonyl)urea] in or

on the following raw agricultural

commodities:

Commodity Parts per

million

Barley, forage ........................... 5.0

Barley, grain .............................. 0.02

Barley, straw ............................. 2.0

Cattle, fat .................................. 0.1

Cattle, kidney ............................ 0.2

Cattle, meat .............................. 0.1

Cattle, mbyp (except kidney) .... 0.1

Goats, fat .................................. 0.1

Goats, kidney ............................ 0.2

Goats, mbyp (except kidney) .... 0.1

Goats, meat .............................. 0.1

Hogs, fat ................................... 0.1

Hogs, kidney ............................. 0.2

Hogs, mbyp (except kidney) ..... 0.1

Hogs, meat ............................... 0.1

Horses, fat ................................ 0.1

Horses, kidney .......................... 0.2

Horses, mbyp (except kidney) .. 0.1

Horses, meat ............................ 0.1

Milk ............................................ 0.02

Sheep, fat ................................. 0.1

Sheep, kidney ........................... 0.2

Sheep, mbyp (except kidney) ... 0.1

Sheep, meat ............................. 0.1

Wheat, forage ........................... 5.0

Wheat, grain ............................. 0.02

Wheat, straw ............................. 2.0

[FR Doc. 95–10868 Filed 5–2–95; 8:45 am]

BILLING CODE 6560–50–F

40 CFR Parts 180 and 185

[PP 2F4116 and FAP 2H5644/R2124; FRL–

4949–3]

RIN 2070–AB78

Myclobutanil; Pesticide Tolerances

and Food Additive Regulation

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This rule establishes

permanent tolerances for the combined

residues of the fungicide myclobutanil

and a metabolite in or on the raw

agricultural commodities stone fruits

(except cherries) at 2.0 parts per million

(ppm) and cherries at 5.0 ppm and

establishes a food additive regulation for

the combined residues in or on the

processed food commodity dried plums

at 8.0 ppm. The Rohm & Haas Co.

requested establishment of these

tolerances and food additive regulation.

EFFECTIVE DATE: This regulation became

effective on March 30, 1995.

ADDRESSES: Written objections and

hearing requests, identified by the

document control number, [PP 2F4116

and FAP 2H5644/R2124], 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

a copy of the 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.

A copy of objections and requests for

hearings 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 requests for hearings

must be submitted as an ASCII file

avoiding the use of special characters

and any form of encryption. Copies of

objections and requests for hearings will

also be accepted on disks in

WordPerfect in 5.1 file format or ASCII

file format. All copies of objections and

requests for hearings in electronic form

must be identified by the docket number

[PP 2F4116 and FAP 2H5644/R2124].

No Confidential Business Information

(CBI) should be submitted through email. Electronic copies of objections and

requests for hearings on this rule may be

filed online at many Federal Depository

Libraries. Additional information on

electronic submissions can be found

below in this document.

FOR FURTHER INFORMATION CONTACT: By

mail: Connie B. Welch, Product

Manager (PM) 21, Registration Division

(7505C), Office of Pesticide Programs,

Environmental Protection Agency, 401

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

Office location and telephone number:

Rm. 227, CM #2, 1921 Jefferson Davis

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

6900; e-mail:

welch.connie@epamail.epa.gov.

SUPPLEMENTARY INFORMATION: EPA

issued notices, published in the Federal

Register of December 30, 1992 (57 FR

62333), which announced that the

Rohm & Haas Co., Independence Mall

West, Philadelphia, PA 19105, had

submitted pesticide petition (PP)

2F4116 proposing to amend 40 CFR

180.443 by establishing permanent

tolerances for the residues of the

fungicide myclobutanil, [alpha-butylalpha-(3-hydroxybutyl)-1H-1,2,4-

triazole-1-propanenitrile], and both the

free and bound forms of its metabolite,

alpha-(3-hydroxybutyl)-alpha-(4-

chlorophenyl)-1H-1,2,4-triazole-1-

propanenitrile, in or on stone fruits

group (except cherries) at 2.0 ppm and

cherries at 5.0 ppm and food additive

petition (FAP) 2H5644 proposing to

amend 40 CFR 185.4350 by establishing

a tolerance for the combined residues of

myclobutanil and its metabolite in or on

the food additive commodity dried

plums at 8.0 ppm. Rohm & Haas Co. also

requested that previous petitions

submitted for stone fruits (PP 9F3811,

PP 1F3954, and FAP 1H5608) be

combined in these petitions.

Time-limited tolerances were

established for myclobutanil in or on

the raw agricultural commodities

nectarines and peaches at 2.0 ppm and

cherries (sweet and sour) at 4.0 ppm

with an expiration date of October 1,

1994, in response to PP 9F3811 in a

document in the Federal Register of

February 5, 1992 (57 FR 4368). These

tolerances were extended to April 1,

1995, on September 30, 1994.

There were no comments received in

response to the notices of filing of any

of the petitions. The data submitted in

support of the petitions and other

relevant material have been evaluated.

The pesticide is considered useful for

the purpose for which the tolerances are

sought. The toxicological data