Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Rules and Regulations 28347

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: May 12, 1995.

Daniel M. Barolo,

Director, 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 adding new § 180.842, to read as

follows:

§ 180.842 Benzoic acid; tolerances for

residues.

A tolerance is established for residues

of the insecticide benzoic acid, 3,5-

dimethyl-1-(1,1-dimethylethyl)-2-(4-

ethylbenzoyl)hydrazide, in or on the

following raw agricultural commodity:

Commodity Parts per

million

Walnuts ..................................... 0.1

[FR Doc. 95–13250 Filed 5–30–95; 8:45 am]

BILLING CODE 6560–50–F

40 CFR Part 180

[PP 2E4051/R2136; FRL–4955–5]

RIN 2070–AB78

Difenoconazole; Pesticide Tolerances

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This document establishes

import tolerances for residues of the

fungicide difenoconazole in or on the

raw agricultural commodities barley

grain, rye grain, and wheat grain at 0.1

part per million (ppm); fat, meat, and

meat byproducts of cattle, goats, hogs,

horses, poultry, and sheep and eggs at

0.05 ppm; and milk at 0.01 ppm. CibaGeigy Corp. requested this regulation

pursuant to the Federal Food, Drug and

Cosmetic Act (FFDCA). The regulation

establishes the maximum permissible

level for residues of the fungicide in or

on the commodities.

EFFECTIVE DATE: This regulation

becomes effective May 31, 1995.

ADDRESSES: Written objections and

hearing requests, identified by the

document control number, [PP 2E4051/

R2136], may be submitted to: Hearing

Clerk (1900), Environmental Protection

Agency, Rm. M3708, 401 M St., SW.,

Washington, DC 20460. Fees

accompanying objections and hearing

requests 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 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.

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 [PP 2E4051/R2136].

No Confidential Business Information

(CBI) should be submitted through email. 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: James Stone, Acting Product

Manager (PM) 22, Registration Division

(7505C), Environmental Protection

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

DC 20460. Office location and telephone

number: Rm. 259, 1921 Jefferson Davis

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

7391; e-mail:

stone.james@epamail.epa.gov.

SUPPLEMENTARY INFORMATION: In the

Federal Register of April 12, 1995 (60

FR 18555), EPA issued a proposed rule

that gave notice that Ciba-Geigy Corp.,

P.O. Box 18300, Greensboro, NC 27419-

8300, had petitioned EPA under section

408 of the FFDCA, 21 U.S.C. 346a, to

establish import tolerances under 40

CFR 180.475 for residues of the

fungicide difenoconazole, [(2S,4R)/

(2R,4S)]/[(2R,4R/2S,4S)] 1-(2-[4-(4-

chlorophenoxy)-2-chlorophenyl]-4-

methyl-1,3-dioxolan-2-yl-methyl)-1H1,2,4-triazole, in or on the raw

agricultural commodities (RACs) barley

grain, rye grain, and wheat grain at 0.1

ppm; fat, meat, and meat byproducts

(mbyp) of cattle, goats, hogs, horses,

poultry, and sheep and eggs at 0.04

ppm; and milk at 0.01 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
28348 Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Rules and Regulations

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

2E4051/R2136] (including any

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 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 hearing

requests, identified by the document

control number [PP 2E4051/R2136],

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 Part 180

Environmental protection,

Administrative practice and procedure,

Agricultural commodities, Pesticides

and pests, Reporting and recordkeeping

requirements.

Dated: May 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 § 180.475, by adding new

paragraph (c), to read as follows:

§ 180.475 Difenoconazole; tolerances for

residues.

* * * *

*

(c) Tolerances are established for

difenoconazole, [(2S,4R)/(2R,4S)]/

[(2R,4R/2S,4S)] 1-(2-[4-(4-

chlorophenoxy)-2-chlorophenyl]-4-

methyl-1,3-dioxolan-2-yl-methyl)-1H1,2,4-triazole, in or on the following raw

agricultural commodities:

Commodity Parts per

million

Barley, grain1 ............................ 0.1

Cattle, fat .................................. 0.05

Cattle, meat .............................. 0.05

Cattle, mbyp .............................. 0.05

Eggs .......................................... 0.05

Goats, fat .................................. 0.05

Goats, meat .............................. 0.05

Goats, mbyp ............................. 0.05

Hogs, fat ................................... 0.05

Hogs, meat ............................... 0.05

Hogs, mbyp ............................... 0.05

Horses, fat ................................ 0.05

Horses, meat ............................ 0.05

Horses, mbyp ............................ 0.05

Milk ............................................ 0.01

Poultry, fat ................................. 0.05

Poultry, meat ............................. 0.05

Poultry, mbyp ............................ 0.05

Rye, grain1 ................................ 0.1

Sheep, fat ................................. 0.05

Sheep, meat ............................. 0.05

Sheep, mbyp ............................. 0.05

Wheat, grain ............................. 0.1

1There are no U.S. registrations as of April

12, 1995.

[FR Doc. 95–13248 Filed 5–30–95; 8:45 am]

BILLING CODE 6560–50–F

40 CFR Part 180

[PP 3F4167/R2129; FRL–4952–2]

RIN 2070–AB78

Tebuconazole; Pesticide Tolerance

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This rule establishes a

tolerance of 0.05 part per million (ppm)

for residues of the fungicide

tebuconazole (alpha-[2-(4-

chlorophenyl)-ethyl]-alpha-(1,1-

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

ethanol) in or on the raw agricultural

commodity bananas. Miles, Inc.,

submitted a petition pursuant to the

Federal Food, Drug and Cosmetic Act

(FFDCA) for the regulation to establish