Federal Register / Vol. 60, No. 95 / Wednesday, May 17, 1995 / Rules and Regulations 26361

same pesticide chemical, or for the

establishment of a tolerance on

additional raw agricultural commodities

at the same numerical level as a

tolerance already established for the

same pesticide chemical, shall be

accompanied by a fee of $13,825 plus

$925 for each raw agricultural

commodity on which a tolerance is

requested.

(c) Each petition or request for an

exemption from the requirement of a

tolerance or repeal of an exemption

shall be accompanied by a fee of

$11,150.

(d) Each petition or request for a

temporary tolerance or a temporary

exemption from the requirement of a

tolerance shall be accompanied by a fee

of $24,150 except as provided in

paragraph (e) of this section. A petition

or request to renew or extend such

temporary tolerance or temporary

exemption shall be accompanied by a

fee of $3,425.

(e) A petition or request for a

temporary tolerance for a pesticide

chemical which has a tolerance for other

uses at the same numerical level or a

higher numerical level shall be

accompanied by a fee of $12,050 plus

$925 for each raw agricultural

commodity on which the temporary

tolerance is sought.

(f) Each petition or request for repeal

of a tolerance shall be accompanied by

a fee of $7,550. Such fee is not required

when, in connection with the change

sought under this paragraph, a petition

or request is filed for the establishment

of new tolerances to take the place of

those sought to be repealed and a fee is

paid as required by paragraph (a) of this

section.

(g) If a petition or a request is not

accepted for processing because it is

technically incomplete, the fee, less

$1,500 for handling and initial review,

shall be returned. If a petition is

withdrawn by the petitioner after initial

processing, but before significant

Agency scientific review has begun, the

fee, less $1,500 for handling and initial

review, shall be returned. If an

unacceptable or withdrawn petition is

resubmitted, it shall be accompanied by

the fee that would be required if it were

being submitted for the first time.

* * * * *

(i) Objections under section 408(d)(5)

of the Act shall be accompanied by a

filing fee of $3,025.

(j) * * *

(3) An advance deposit shall be made

in the amount of $30,175 to cover the

costs of the advisory committee. Further

advance deposits of $30,175 each shall

be made upon request of the

Administrator when necessary to

prevent arrears in the payment of such

costs. Any deposits in excess of actual

expenses will be refunded to the

depositor.

* * * * *

(m) The Administrator may waive or

refund part or all of any fee imposed by

this section if the Administrator

determines in his or her sole discretion

that such a waiver or refund will

promote the public interest or that

payment of the fee would work an

unreasonable hardship on the person on

whom the fee is imposed. A request for

waiver or refund of a fee shall be

submitted in writing to the

Environmental Protection Agency,

Office of Pesticide Programs,

Registration Division (7505C),

Washington, DC 20460. A fee of $1,500

shall accompany every request for a

waiver or refund, except that the fee

under this sentence shall not be

imposed on any person who has no

financial interest in any action

requested by such person under

paragraphs (a) through (k) of this

section. The fee for requesting a waiver

or refund shall be refunded if the

request is granted.

* * * * *

[FR Doc. 95–12143 Filed 5–16–95; 8:45 am]

BILLING CODE 6560–50–F

40 CFR Parts 180, 185, and 186

[FAP 4H5683/R2131; FRL–4952–5]

RIN 2070–AB78

Hexazinone; Pesticide Tolerances and

Food/Feed Additive Regulations

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This document amends the

current tolerance for residues of the

herbicide hexazinone (3-(cyclohexyl-6-

(dimethylamino)-1-methyl-1,3,5-

triazine-2,4(1H,3H)-dione) and its

metabolites (calculated as hexazinone)

in or on sugarcane at 0.2 part per

million (ppm) by revoking the current

tolerance and reestablishing the same

tolerance with regional registration and

tolerance as described in 40 CFR

180.1(n). EPA also establishes food and

feed additive regulations for residues of

hexazinone and its metabolites in

sugarcane molasses at 0.5 ppm. E.I. du

Pont de Nemours & Co., Inc., requested

these regulations pursuant to the

Federal Food, Drug and Cosmetic Act.

EFFECTIVE DATE: These regulations

become effective May 17, 1995.

ADDRESSES: Written objections,

identified by the document control

number, [PP 4H5683/R2131], 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.

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 in 5.1 file

format or ASCII file format. All copies

of objections and hearing requests in

electronic form must be identified by

the docket number [FAP 4H5683/

R2131]. 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. Additional

information on electronic submissions

can be found below in this document.

FOR FURTHER INFORMATION CONTACT: By

mail: Joanne I. Miller, Product Manager

(PM) 23, Registration Division (7505C),

Environmental Protection Agency, 401

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

Office location and telephone number:

Rm. 237, 1921 Jefferson Davis Hwy.,

Arlington, VA 22202, (703)-305-7830; email: miller.joanne@epamail.epa.gov.

SUPPLEMENTARY INFORMATION: In the

Federal Register of March 22, 1995 (60

FR 15113), EPA issued a proposed rule

that gave notice that E.I. du Pont de

Nemours & Co., Inc., had petitioned

EPA under section 408 of the Federal

Food, Drug, and Cosmetic Act, 21 U.S.C.

346a, to amend 40 CFR parts 180, 185,

and 186 to establish tolerances with

regional registration for combined

residues of the herbicde hexazinone (3-
26362 Federal Register / Vol. 60, No. 95 / Wednesday, May 17, 1995 / Rules and Regulations

cyclohexyl)-6-(dimethylamino)-1-

methyl-1,3,5-triazine-2,4(1H,3H)-dione)

and its metabolites (calculated as

hexazinone) in or on the raw

agricultural commodity sugarcane at 0.2

part per million (ppm), the food

additive commodity sugarcane,

molasses at 0.5 ppm, and the feed

additive commodity sugarcane,

molasses at 0.5 ppm.

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

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 [FAP

4H5683/R2131] (including objections

and hearing requests 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

Rm. 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 hearing

requests, identified by the document

control number [FAP 4H5683/R2131],

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

hearing requests filed with the Hearing

Clerk can be sent directly to EPA at:

opp-Docket@epamail.epa.gov

A copy of electronic objections and

hearing requests filed with the Hearing

Clerk 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 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 objections and hearing

requests 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 Parts 180,

185, 186

Environmental protection,

Administrative practice and procedure,

Agricultural commodities, Feed

additives, Food additives, Pesticides

and pests, Reporting and recordkeeping

requirements.

Dated: May 1, 1995.

Daniel M. Barolo,

Director, Office of Pesticide Programs.

Therefore, 40 CFR parts 180, 185, and

186 are amended as follows:

PART 180—[AMENDED]

1. In part 180:

a. The authority citation for part 180

continues to read as follows:

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

b. In § 180.396, the existing text is

designated as paragraph (a), and the

table therein is amended by removing

the entry for sugarcane, and new

paragraph (b) is added, to read as

follows:

§ 180.396 Hexazinone; tolerances for

residues.

* * * * *

(b) A tolerance with regional

registration, as defined in § 180.1(n) and

which excludes use of hexazinone on

sugarcane in Florida, is established for

combined residues of the herbicide

hexazinone (3-cyclohexyl-6-

(dimethyamino)-1-methyl-1,3,5-triazine2,4(1H,3H)-dione) and its metabolites

(calculated as hexazinone) in or on the

following raw agricultural commodity:

Commodity Parts per

million

Sugarcane ................................. 0.2
Federal Register / Vol. 60, No. 95 / Wednesday, May 17, 1995 / Rules and Regulations 26363

PART 185—[AMENDED]

2. In part 185:

a. The authority citation for part 185

continues to read as follows:

Authority: 21 U.S.C. 346a and 348.

b. By adding new § 185.3575, to read

as follows:

§ 185.3575 Hexazinone; tolerances for

residues.

A food additive tolerance with

regional registration, as defined in

§ 180.1(n) and which excludes use of

hexazinone on sugarcane in Florida, is

established for combined residues of the

herbicide hexazinone (3-cyclohexyl-6-

(dimethyamino)-1-methyl-1,3,5-triazine2,4(1H,3H)-dione) and its metabolites

(calculated as hexazinone) in or on the

following food commodity:

Commodity Parts per

million

Sugarcane, molasses ............... 0.5

PART 186—[AMENDED]

3. In part 186:

a. The authority citation for part 186

continues to read as follows:

Authority: 21 U.S.C. 348.

b. By adding new § 186.3575, to read

as follows:

§ 186.3575 Hexazinone; tolerances for

residues.

A feed additive tolerance with

regional registration, as defined in

§ 180.1(n) and which excludes use of

hexazinone on sugarcane in Florida, is

established for combined residues of the

herbicide hexazinone (3-cyclohexyl-6-

(dimethyamino)-1-methyl-1,3,5-triazine2,4(1H,3H)-dione) and its metabolites

(calculated as hexazinone) in or on the

following feed commodity:

Commodity Parts per

million

Sugarcane, molasses ............... 0.5

[FR Doc. 95–11812 Filed 5–16–95; 8:45 am]

BILLING CODE 6560–50–F

FEDERAL EMERGENCY

MANAGEMENT AGENCY

44 CFR Part 65

Changes in Flood Elevation

Determinations

AGENCY: Federal Emergency

Management Agency, FEMA.

ACTION: Final rule.

SUMMARY: Modified base (1% annual

chance) flood elevations are finalized

for the communities listed below. These

modified elevations will be used to

calculate flood insurance premium rates

for new buildings and their contents.

EFFECTIVE DATES: The effective dates for

these modified base flood elevations are

indicated on the following table and

revise the Flood Insurance Rate Map(s)

(FIRMs) in effect for each listed

community prior to this date.

ADDRESSES: The modified base flood

elevations for each community are

available for inspection at the office of

the Chief Executive Officer of each

community. The respective addresses

are listed in the following table.

FOR FURTHER INFORMATION CONTACT:

Michael K. Buckley, P.E., Chief, Hazard

Identification Branch, Mitigation

Directorate, 500 C Street, SW.,

Washington, DC 20472, (202) 646–2756.

SUPPLEMENTARY INFORMATION: The

Federal Emergency Management Agency

makes the final determinations listed

below of modified base flood elevations

for each community listed. These

modified elevations have been

published in newspapers of local

circulation and ninety (90) days have

elapsed since that publication. The

Associate Director has resolved any

appeals resulting from this notification.

The modified base (1% annual

chance) flood elevations are not listed

for each community in this notice.

However, this rule includes the address

of the Chief Executive Officer of the

community where the modified base

flood elevation determinations are

available for inspection.

The modifications are made pursuant

to section 206 of the Flood Disaster

Protection Act of 1973, 42 U.S.C. 4105,

and are in accordance with the National

Flood Insurance Act of 1968, 42 U.S.C.

4001 et seq., and with 44 CFR part 65.

For rating purposes, the currently

effective community number is shown

and must be used for all new policies

and renewals.

The modified base (1% annual

chance) flood elevations are the basis for

the floodplain management measures

that the community is required to either

adopt or to show evidence of being

already in effect in order to qualify or

to remain qualified for participation in

the National Flood Insurance Program.

These modified elevations, together

with the floodplain management criteria

required by 44 CFR 60.3, are the

minimum that are required. They

should not be construed to mean that

the community must change any

existing ordinances that are more

stringent in their floodplain

management requirements. The

community may at any time enact

stricter requirements of its own, or

pursuant to policies established by other

Federal, state or regional entities.

These modified elevations are used to

meet the floodplain management

requirements of the NFIP and are also

used to calculate the appropriate flood

insurance premium rates for new

buildings built after these elevations are

made final, and for the contents in these

buildings.

The changes in base flood elevations

are in accordance with 44 CFR 65.4.

National Environmental Policy Act

This rule is categorically excluded

from the requirements of 44 CFR Part

10, Environmental Consideration. No

environmental impact assessment has

been prepared.

Regulatory Flexibility Act

The Associate Director, Mitigation

Directorate, certifies that this rule is

exempt from the requirements of the

Regulatory Flexibility Act because

modified base flood elevations are

required by the Flood Disaster

Protection Act of 1973, 42 U.S.C. 4105,

and are required to maintain community

eligibility in the National Flood

Insurance Program. No regulatory

flexibility analysis has been prepared.

Regulatory Classification

This final rule is not a significant

regulatory action under the criteria of

section 3(f) of Executive Order 12866 of

September 30, 1993, Regulatory

Planning and Review, 58 FR 51735.

Executive Order 12612, Federalism

This rule involves no policies that

have federalism implications under

Executive Order 12612, Federalism,

dated October 26, 1987.

Executive Order 12778, Civil Justice

Reform

This rule meets the applicable

standards of section 2(b)(2) of Executive

Order 12778.

List of Subjects in 44 CFR Part 65

Flood insurance, Floodplains,

Reporting and recordkeeping

requirements.