20432 Federal Register / Vol. 60, No. 80 / Wednesday, April 26, 1995 / Rules and Regulations

(TSDs) available at EPA’s Region IX

office.

Response to Public Comments

The 30-day public comment periods

were provided in 60 FR 6467 and 60 FR

7931. No comments were received.

EPA Action

EPA is finalizing action to approve

the above rules for inclusion into the

California SIP. EPA is approving the

submittal under section 1109(k)(3) as

meeting the requirements of section

110(a) and Part D of the CAA. This

approval action will incorporate these

rules into the federally approved SIP.

The intended effect of approving these

rules is to regulate emissions of VOCs in

accordance with the requirements of the

CAA.

Nothing in this action should be

construed as permitting or allowing or

establishing a precedent for any future

request for revision to any state

implementation plan. Each request for

revision to the state implementation

plan shall be considered separately in

light of specific technical, economic,

and environmental factors and in

relation to relevant statutory and

regulatory requirements.

Regulatory Process

The OMB has exempt this action from

review under Executive Order 12866.

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Hydrocarbons,

Incorporation by reference,

Intergovernmental relations, Ozone,

Reporting and recordkeeping

requirements, Volatile organic

compounds.

Note: Incorporation by reference of the

State Implementation Plan for the State of

California was approved by the Director of

the Federal Register on July 1, 1982.

Dated: March 29, 1995.

David P. Howekamp,

Acting Regional Administrator.

Part 52, chapter I, title 40 of the Code

of Federal Regulations is amended as

follows:

PART 52—[AMENDED]

1. The authority citation for part 52

continues to read as follows:

Authority: 42 U.S.C. 7401–7671q.

Subpart F—California

2. Section 52.220 is amended by

adding paragraph (c)(199)(i)(A)(2) to

read as follows:

§ 52.220 Identification of plan.

* * * * *

(c) * * *

(199) * * *

(i) * * *

(A) * * *

(2) Regulation 8, Rules 14 and 43

adopted on June 1, 1994, and regulation

8, Rules 13, 23, 47 adopted on June 15,

1994.

* * * * *

[FR Doc. 95–10250 Filed 4–25–95; 8:45 am]

BILLING CODE 6560–50–M

40 CFR Part 180

[PP 2E4071/R2117; FRL–4941–8]

RIN 2070–AB78

Methyl Anthranilate; Exemptions From

the Requirement of a Tolerance

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This document establishes an

exemption from the requirement of a

tolerance for residues of the biochemical

methyl anthranilate in or on the raw

agricultural commodities blueberry,

cherry, and grape when the pesticide is

used in accordance with good

agricultural practices. The Interregional

Research Project No. 4 (IR-4) requested

this exemption in a petition submitted

to EPA.

EFFECTIVE DATE: This regulation

becomes effective April 26, 1995.

ADDRESSES: Written objections,

identified by the document control

number, [PP 2E4017/R2117], 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.

FOR FURTHER INFORMATION CONTACT: By

mail: Hoyt Jamerson, Registration

Division (7508W), 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)-308-8783; e-mail:

Jamerson.Hoyt@epamail.epa.gov.

SUPPLEMENTARY INFORMATION: In the

Federal Register of February 22, 1995

(60 FR 9816), 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 petition (PP)

2E4071 to EPA on behalf of the

Agricultural Experiment Station of

Washington. Pesticide petition 2E4071

requested that the Administrator,

pursuant to section 408(e) of the Federal

Food, Drug and Cosmetic Act (FFDCA),

21 U.S.C. 346a(e), establish exemptions

from the requirement of a tolerance for

residues of the biochemical methyl

anthranilate in or on the raw

agricultural commodities blueberry,

cherry, and grape. Methyl anthranilate

will be applied as a dilute foliar spray

to these crops to repel birds and reduce

bird depredation. Methyl anthranilate is

a natural constituent of food that can be

found in grape and citrus. Methyl

anthranilate is also synthetically

produced and used in the purified form

(not less than 99 percent pure) as a

flavoring agent in beverages, ice cream,

candy, baked goods, gelatins, puddings,

and chewing gum. The synthetic

product mimics the chemical structure

and function of the natural plant

constituent. Methyl anthranilate is

listed by the Food and Drug

Administration (FDA) as a flavoring

compound under 21 CFR 182.60 and is

classified generally recognized as safe

(GRAS) by the Expert Panel of the

Flavor and Extract Manufacturer’s

Association (FEMA). Registrants who

produce end-use products for this active

ingredient that are intended for use on

blueberry, cherry, or grape will be

required to use methyl anthranilate

produced to meet or exceed U.S. Food

Chemical Codex and U.S.

Pharmacopoeia specifications.

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.
Federal Register / Vol. 60, No. 80 / Wednesday, April 26, 1995 / Rules and Regulations 20433

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).

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 13, 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 subpart D, by adding new

§ 180.1143, to read as follows:

§ 180.1143 Methyl anthranilate; exemption

from the requirement of a tolerance.

Methyl anthranilate, a biochemical

pesticide, is exempt from the

requirement of a tolerance when used in

accordance with good agricultural

practices on the following raw

agricultural commodities: Blueberry,

cherry, and grape.

[FR Doc. 95–10251 Filed 4–25–95; 8:45 am]

BILLING CODE 6560–50–F

40 CFR Part 180

[PP 6E3460/R2116; FRL–4941–6]

RIN 2070–AB78

Prometryn; Pesticide Tolerance

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This document establishes a

tolerance for residues of the herbicide

prometryn in or on the raw agricultural

commodity parsley. The Interregional

Research Project No. 4 (IR-4) requested

this regulation to establish a maximum

permissible level for residues of the

herbicide in or on the commodity.

EFFECTIVE DATE: This regulation

becomes effective April 26, 1995.

ADDRESSES: Written objections,

identified by the document control

number, [PP 6E3460/R2116], 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: Hoyt L. Jamerson, Registration

Division (7505W), 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 8615), EPA issued a proposed

rule that gave notice that Interregional

Research Project No. 4 (IR-4), New

Jersey Agricultural Experiment Station,

P.O. Box 231, Rutgers University, New

Brunswick, NJ 08903, had submitted

pesticide petition (PP) 6E3460 to EPA

on behalf of the Agricultural Experiment

Station of California. The petition

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

180.222 by establishing a tolerance for

residues of the herbicide prometryn

(2,4-bis(isopropylamino)-6-methylthios-triazine) in or on the raw agricultural

commodity parsely at 0.1 part per

million (ppm). The petitioner proposed

that use of prometryn on parsley be

limited to California only based on the

geographical representation of the

residue data submitted. Additional

residue data will be reequired to expand

the area of usage. Persons seeking

geographically broader registration

should contact the Agency’s