Federal Register / Vol. 60, No. 85 / Wednesday, May 3, 1995 / Rules and Regulations 21731

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

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: March 30, 1995.

Stephen L. Johnson,

Director, Registration Division, Office of

Pesticide Programs.

Therefore, chapter I of the title 40 of

the Code of Federal Regulations is

amended as follows:

PART 180—[AMENDED]

1. In part 180:

The authority citation for part 180

continues to read as follows:

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

2. In § 180.443(a), by amending the

table therein by adding and

alphabetically inserting an entry for

cottonseed, to read as follows:

§ 180.443 Myclobutanil; tolerances for

residues.

(a) * * *

Commodity Parts per

million

* * * * *

Cottonseed ................................ 0.02

* * * * *

* * * * *

[FR Doc. 95–10862 Filed 5–2–95; 8:45 am]

BILLING CODE 6560–50–F

40 CFR Part 180

[OPP–300377A; FRL–4949–6]

RIN 2070–AB78

Urea-Formaldehyde Copolymer;

Tolerance Exemption

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: EPA establishes an exemption

from the requirement of a tolerance for

residues of urea-formaldehyde

copolymer (CAS Reg. No. 9011-05-6)

when used as an inert ingredient in

pesticide formulations applied to

growing crops only under 40 CFR

180.1001(d) to include uses as a solid

diluent, filler, and/or carrier and to

modify the minimum molecular weight

from 30,000 to 20,000. Ciba-Geigy Corp.

requested this regulation pursuant to the

Federal Food, Drug and Cosmetic Act.

EFFECTIVE DATE: This regulation

becomes effective on May 3, 1995.

ADDRESSES: Written objections,

identified by the document control

number, [OPP-300377A], 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 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.

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

[OPP-300377A]. 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: Kerry Leifer, Registration Support

Branch, Registration Division (7505W),

Office of Pesticide Programs,

Environmental Protection Agency, 401

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

Office location and telephone number:

Westfield Building North, 6th Fl., 2800

Crystal Drive, Arlington, VA 22202,

(703)-308-8323; e-mail:

leifer.kerry@epamail.epa.gov.

SUPPLEMENTARY INFORMATION: In the

Federal Register of January 26, 1995 (60

FR 5157), EPA issued a proposed rule

that Ciba-Geigy Corp., P.O. Box 18300,

Greensboro, NC 27419-8300, had

submitted pesticide peitition (PP)

4E04423 to EPA requesting that the

Administrator, pursuant to section

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

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

346a(e), propose to amend 40 CFR

180.1001(d) by revising the existing

exemption from the requirement of a

tolerance for residues of ureaformaldehyde copolymer (CAS Reg. No.

9011-05-6), when used as an inert

ingredient (encapsulating agent) in

pesticide formulations applied to

growing crops only. The petitioner

sought to expand the use of ureaformaldehyde copolymer to include

solid diluent, filler, and carrier and to

revise the minimum number-average

molecular weight from 30,000 to 20,000.
21732 Federal Register / Vol. 60, No. 85 / Wednesday, May 3, 1995 / Rules and Regulations

Inert ingredients are all ingredients

that are not active ingredients as defined

in 40 CFR 153.125, and include, but are

not limited to, the following types of

ingredients (except when they have a

pesticidal efficacy of their own):

solvents such as alcohols and

hydrocarbons; surfactants such as

polyoxyethylene polymers and fatty

acids; carriers such as clay and

diatomaceous earth; thickeners such as

carrageenan and modified cellulose;

wetting, spreading, and dispersing

agents; propellants in aerosol

dispensers; microencapsulating agents;

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 in response to the proposed

rule.

The data submitted relevant to 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 tolerance exemption

will protect the public health.

Therefore, the tolerance exemption 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

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 [OPP300377A] (including any 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 [OPP-300377A], 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 or 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. Section 180.1001(d) is amended in

the table therein by revising the entry

for the urea-formaldehyde copolymer, to

read as follows:

§ 180.1001 Exemptions from the

requirement of a tolerance.

* * * * *

(d) * * *
Federal Register / Vol. 60, No. 85 / Wednesday, May 3, 1995 / Rules and Regulations 21733

Inert ingredients Limits Uses

* * * * * * *

Urea-formaldehyde copolymer (CAS Reg. No. 9011-

05-6); minimum number average molecular weight

20,000.

.............................................. Encapsulating agent, solid diluent, filler, carrier.

* * * * * * *

* * * * *

[FR Doc. 95–10863 Filed 5–2–95; 8:45 am]

BILLING CODE 6560–50–F

40 CFR Part 180

[PP 0E3882 and PP 4E4286/R2115; FRL–

4941–5]

RIN 2070–AB78

Metolachlor; Pesticide Tolerances

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This document establishes

tolerances for the combined residues of

the herbicide metolachlor and its

metabolites in or on the raw agricultural

commodities celery and dry bulb onion.

The Interregional Research Project No. 4

(IR-4) requested this regulation to

establish maximum permissible levels

for residues of the herbicide in or on the

commodities.

EFFECTIVE DATE: This regulation

becomes effective on May 3, 1995.

ADDRESSES: Written objections and

requests for hearings, identified by the

document control number, [PP 0E3882

and PP 4E4286/R2115], 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 requests for

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

Jefferson Davis Hwy., Arlington, VA

22202. Fees accompanying objections

and requests for hearings 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 0E3882 and PP 4E4286/R2115]. 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: Hoyt L. Jamerson, Registration

Division (7505W), Office of Pesticide

Programs, Environmental Protection

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

DC 20460. Office location and telephone

number: Sixth Floor, Crystal Station #1,

2800 Jefferson Davis Hwy., Arlington,

VA 22202, (703)-308-8783; e-mail:

jamerson.hoyt@epamail.epa.gov.

SUPPLEMENTARY INFORMATION: In the

Federal Register of February 15, 1995

(60 FR 8613), EPA issued a proposed

rule that gave notice that the

Interregional Research Project No. 4 (IR4), New Jersey Agricultural Experiment

Station, P.O. Box 231, Rutgers

University, New Brunswick, NJ 08903,

had submitted pesticide petitions (PP)

0E3882 and PP 4E4286 to EPA on behalf

of the named Agricultural Experiment

Stations. These petitions requested that

the Administrator, pursuant to section

408(e) of the Federal Food, Drug and

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

346a(e), amend 40 CFR 180.368 by

establishing tolerances for combined

residues (free and bound) of the

herbicide metolachlor, [2-chloro-N-(2-

ethyl-6-methlyphenyl)-N-(2-methoxy-1-

methylethyl)acetamide], and its

metabolites, determined as the

derivatives, 2-[(2-ethyl-6-

methylphenyl)amino]-1-propanol, and

4-(2-ethyl-6-methylphenyl)-2-hydroxy5-methyl-3-morpholinone, each

expressed as the parent compound, in or

on certain raw agricultural commodities

as follows:

1. PP 0E3882. Petition submitted on

behalf of the Experiment Stations of

California, Florida, and Texas proposing

a tolerance for celery at 0.1 part per

million (ppm).

2. PP 4E4286 Petition submitted on

behalf of the Experiment Stations of

Arkansas, Michigan, New Jersey, New

York, Oklahoma, and Texas proposing a

tolerance for dry bulb onion at 1.0 ppm.

The petitioner proposed that use of

metolachlor on dry bulb onion be

limited to onion production areas east of

the Rocky Mountains based on the

geographical representation of the

residue data submitted. Additional

residue data will be required to expand

the area of usage. Persons seeking

geographically broader registration

should contact the Agency’s

Registration Division at the address

provided above.

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 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