27414 Federal Register / Vol. 60, No. 100 / Wednesday, May 24, 1995 / Rules and Regulations

TABLE 52.1222.—EPA APPROVED REGULATIONS—Continued

Rule description Minnesota rule numbers Contents of SIP Effective

date

Relevant ¶s in

§ 52.1220 1

Motor Vehicles ............................ 7023.0100–.0120 ........................ All rules ....................................... 10/18/93 b,c21.

Open Burning .............................. Portions of Chapter 17 and 88 of

MN Statutes.

All submitted portions of Sections 17.135, 88.01, 88.02,

88.03, 88.16, 88.17, and

88.171.

1993 b,c21,c26, c40.

1 Recodifications affect essentially all rules but are shown only for substantively revised rules.

2 ‘‘Existing’’ sources are sources other than those subject to a new source performance standard.

[FR Doc. 95–12619 Filed 5–23–95; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 180

[PP 3F4233/R2134; FRL–4953–9]

RIN 2070–AB78

Bromoxynil; Pesticide Tolerance

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This document establishes a

time-limited tolerance, to expire on

April 1, 1997, for residues of the

herbicide bromoxynil (3,5-dibromo-4-

hydroxybenzonitrile) resulting from the

application of its octanoic and

heptanoic acid esters in or on the raw

agricultural commodity (RAC)

cottonseed (transgenic BXN varieties

only) at 0.04 part per million (ppm).

Rhone-Poulenc AG Co. submitted

petitions requesting EPA to establish the

maximum permissible residue of the

herbicide in or on the RAC.

EFFECTIVE DATE: This regulation

becomes effective May 24, 1995.

ADDRESSES: Written objections,

identified by the document control

number, [PP 3F4233/R2134], 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 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 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

3F4233/R2134]. 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 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;

e-mail: taylor.robert@epamail.epa.gov.

SUPPLEMENTARY INFORMATION: In the

Federal Register of March 29, 1995 (60

FR 16111), EPA issued a proposed rule

that gave notice that the Rhone-Poulenc

AG Co., P.O. Box 12014, 2 T.W.

Alexander Drive, Research Triangle

Park, NC 27709, had submitted a

pesticide petition, PP 3F4233, to EPA

proposing to amend 40 CFR 180.324 by

establishing a regulation to permit

residues of the herbicide bromoxynil

(3,5-dibromo-4-hydroxybenzonitrile)

resulting from the application of its

octanoic and heptanoic acid esters in or

on the raw agricultural commodity

(RAC) transgenic cottonseed at 0.04

ppm. There were no comments or

requests for referral to an advisory

committee received in response to the

notice of filing.

The tolerance will expire on April 1,

1997. Based upon the evaluation of a

mouse carcinogenicity study currently

under review and submission of an

analytical method, residue data, and

livestock metabolism study on the

metabolite, the Agency will determine

whether establishing permanent

tolerances is appropriate. Residues

remaining in or on the raw agricultural

commodity after expiration of this

tolerance will not be considered

actionable if the pesticide is legally

applied during the term of, and in

accordance with, the provisions of the

conditional registration.

There were no negative 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 time-limited

tolerance will protect the public health.

Therefore, the time-limited tolerance 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:
Federal Register / Vol. 60, No. 100 / Wednesday, May 24, 1995 / Rules and Regulations 27415

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

3F4233/R2134] (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 requests for

hearings, identified by the document

control number [PP 3F4233/R2134],

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 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 4, 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. In § 180.324, by adding new

paragraph (d), to read as follows:

§ 180.324 Bromoxynil; tolerances for

residues.

* * * * *

(d) A tolerance is established for

residues of the herbicide bromxynil

(3,5-dibromo-4-hydroxybenzonitrile)

resulting from application of its

octanoic and heptanoic acid esters in or

on the following raw agricultural

commodity:

Commodity Parts per

million Expiration date

Cottonseed

(transgenic

BXN varieties only).

0.04 April 1, 1997.

[FR Doc. 95–12565 Filed 5–23–95; 8:45 am]

BILLING CODE 6560–50–F

40 CFR Part 180

[OPP–300380A; FRL–4952–3]

RIN 2070–AB78

Acetic Acid Ethenyl Ester, Polymer

with Ethenol and (α)-2-Propenyl-(ω)-

Hydroxypoly(Oxy-1,2-Ethanediyl);

Tolerance Exemption

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This document establishes an

exemption from the requirement of a

tolerance for residues of acetic acid

ethenyl ester, polymer with ethenol and

(α)-2-propenyl-(ω)-hydroxypoly(oxy-1,2-

ethanediyl) (CAS Reg. No. 137091-12-4),

when used as an inert ingredient

(component of water-soluble film) in

pesticide formulations applied to

growing crops only under 40 CFR

180.1001(d). Japan Technical

Information Center, Inc., requested this

regulation on behalf of Nippon Gohsei

(U.S.A.) Co., Ltd., pursuant to the

Federal Food, Drug and Cosmetic Act

(FFDCA).

EFFECTIVE DATE: This regulation

becomes effective May 24, 1995.

ADDRESSES: Written objections and

hearing requests, identified by the

document control number, [OPP300380A], 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,