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
Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Rules and Regulations 28349

a maximum permissible level for

residues of the fungicide.

EFFECTIVE DATE: This regulation

becomes effective May 31, 1995.

ADDRESSES: Written objections and

hearing requests, identified by the

document control number, [PP 3F4167/

R2129], may be submitted to: Hearing

Clerk (1900), Environmental Protection

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

Washington, DC 20460. 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 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 3F4167/R2129].

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 of this document.

FOR FURTHER INFORMATION CONTACT: By

mail: Connie B. Welch, Product

Manager (PM) 21, Registration Division

(7505C), Office of Pesticide Programs,

Environmental Protection Agency, 401

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

Office location and telephone number:

Rm. 227, CM #2, 1921 Jefferson Davis

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

6900; e-mail:

welch.connie@epamail.epa.gov.

SUPPLEMENTARY INFORMATION: EPA

issued a notice, published in the

Federal Register of October 21, 1993 (58

FR 54353), which announced that Miles,

Inc., Agricultural Division (formerly

Mobay Corp., Agricultural Chemicals

Division), P.O. Box 4913, Kansas City,

MO 64120-0013, had submitted

pesticide petition (PP) 3F4167 to EPA

requesting that the Administrator,

pursuant to section 408(d) of the Federal

Food, Drug, and Cosmetic Act (FFDCA),

21 U.S.C. 346a(d), establish a tolerance

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 at 0.05 ppm.

There were no comments received in

response to the notice of filing. The

scientific data submitted in the petition

and other relevant material have been

evaluated. The toxicological data

considered in support of the tolerance

include:

1. A 90-day rat feeding study with a

no-observed-effect-level (NOEL) of 34.8

milligrams per kilogram of body weight

per day (mg/kg bw/day) (400 ppm) and

a lowest-effect-level (LEL) of 171.7 mg/

kg bw/day (1,600 ppm) in males, based

on decreased body weight gains and

histological changes in the adrenals. For

females, the NOEL was 10.8 mg/kg bw/

day (100 ppm), and the LEL was 46.5

mg/kg bw/day (400 ppm) based on

decreased body weights, decreased body

weight gains, and histological changes

in the adrenals.

2. A 90-day dog feeding study with a

NOEL of 200 ppm (73.7 mg/kg bw/day

in males and 73.4 mg/kg bw/day in

females) and a LEL of 1,000 ppm (368.3

mg/kg bw/day in males and 351.8 mg/

kg bw/day in females). The LEL was

based on decreases in mean body

weights, body weight gains, and food

consumption, and an increase in liver

N-demethylase activity.

3. A 1-year dog feeding study with a

NOEL of 1 mg/kg bw/day (40 ppm) and

a LEL of 5 mg/kg bw/day (200 ppm),

based on lenticular and corneal opacity

and hepatic toxicity in either sex (the

current Reference Dose was determined

based on this study). A subsequent 1-

year dog feeding study, using lower

doses to further define the NOEL for

tebuconazole, defines a systemic LOEL

of 150 ppm (based on adrenal effects in

both sexes) and a systemic NOEL of 100

ppm.

4. A 2-year rat chronic feeding study

defined, a NOEL of 7.4 mg/kg bw/day

(100 ppm), and a LEL of 22.8 mg/kg bw/

day (300 ppm) based on body weight

depression, decreased hemoglobin,

hematocrit, MCV and MCHC, and

increased liver microsomal enzymes in

females. Tebuconazole was not

oncogenic at the dose levels tested (0,

100, 300, 1,000 ppm).

5. A rat oral developmental toxicity

study with a maternal NOEL of 30 mg/

kg bw/day and a LEL of 60 mg/kg bw/

day based on elevation of absolute and

relative liver weights. For

developmental toxicity, a NOEL of 30

mg/kg bw/day and an LEL of 60 mg/kg

bw/day was determined, based on

delayed ossification of thoracic, cervical

and sacral vertebrae, sternum, fore and

hind limbs and increase in

supernumerary ribs.

6. A rabbit oral developmental

toxicity study with a maternal NOEL of

30 mg/kg bw/day and an LEL of 100 mg/

kg bw/day based on depression of body

weight gains and food consumption. A

developmental NOEL of 30 mg/kg bw/

day and an LEL of 100 mg/kg bw/day

were based on increased postimplantation losses, from both early and

late resorptions and frank

malformations in eight fetuses of five

litters.

7. A mouse oral developmental

toxicity study with a maternal NOEL of

10 mg/kg bw/day and an LEL of 20 mg/

kg bw/day based on a supplementary

study indicating reduction in hematocrit

and histological changes in liver. A

developmental NOEL of 10 mg/kg bw/

day and an LEL of 30 mg/kg bw/day

based on dose-dependent increases in

runts/dam at 30 and 100 mg/kg bw/day.

8. A mouse dermal developmental

toxicity study with a maternal NOEL of

30 mg/kg bw/day and an LEL of 60 mg/

kg bw/day based on a supplementary

study indicating increased liver

microsomal enzymes and histological

changes in liver. The NOEL for

developmental toxicity in the dermal

study in the mouse is 1,000 mg/kg bw/

day, the highest dose tested (HDT).

9. A two-generation rat reproduction

study with a dietary maternal NOEL of

15 mg/kg bw/day (300 ppm) and a LEL

of 50 mg/kg bw/day (1,000 ppm) based

on depressed body weights, increased

spleen hemosiderosis, and decreased

liver and kidney weights. A

reproductive NOEL of 15 mg/kg bw/day

(300 ppm) and an LEL of 50 mg/kg bw/

day (1,000 ppm) were based on neonatal

birth weight depression.

10. An Ames mutagenesis study in

Salmonella that showed no

mutagenicity with or without metabolic

activation.

11. A micronucleus mutagenesis assay

study in mice that showed no

genotoxicity.

12. A sister chromatid exchange

mutagenesis study using CHO cells that

was negative at dose levels 4 to 30

micrograms per milliliter without

activation or 15 to 120 micorgrams per

milliliter with activation.
28350 Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Rules and Regulations

13. An unscheduled DNA synthesis

(UDS) study that was negative for UDS

in rat hepatocytes.

Additionally, a mouse oncogenicity

study at dietary levels of 0, 20, 60, and

80 ppm for 21 months did not reveal

any oncogenic effect for tebuconazole at

any dose tested. Because the Maximum

Tolerated Dose (MTD) was not reached

in this study, the study was classified as

supplementary. A followup mouse

study at higher doses (0, 500, and 1,500

ppm in the diet), with an MTD at 500

ppm, revealed statistically significant

incidences of hepatocellular adenomas

and carcinomas in males and

carcinomas in females. The initial and

followup studies, together with

supplementary data submitted by Miles,

Inc., were classified as core minimum.

The Office of Pesticide Programs’

Health Effects Division’s

Carcinogenicity Peer Review Committee

(CPRC) has classified tebuconazole as a

Group C carcinogen (possible human

carcinogen). This classification is based

on the Agency’s ‘‘Guidelines for

Carcinogen Risk Assessment’’ published

in the Federal Register of September 24,

1986 (51 FR 33992). The Agency has

chosen to use the reference dose

calculations to estimate human dietary

risk from tebuconazole residues. The

decision supporting classification of

tebuconazole as a possible carcinogen

(Group C) rather than a probable

carcinogen (Group B) was primarily

based on the statistically significant

increase in the incidence of

hepatocellular adenomas, carcinomas,

and combined adenomas/carcinomas in

both sexes of NMRI mice both by

positive trend and pairwise comparison

at the HDT, and the structural

correlation with at least six other related

triazole pesticides that produce liver

tumors.

The Reference Dose (RfD) is

established at 0.01 mg/kg of body

weight (bwt)/day, based on a noobserved-effect level (NOEL) of 1.00 mg/

kg bwt/day and an uncertainty factor of

100. The NOEL is based on a 1-year dog

feeding study that demonstrated

lenticular and corneal opacity and

hepatic toxicity as an endpoint effect.

The Theoretical Maximum Residue

Contribution (TMRC) from the current

action is estimated at 0.000019 mg/kg

bwt/day and utilizes 0.19% of the RfD

for the general population of the 48

States. The TMRCs for the most highly

exposed subgroups, children (1 to 6

years old) and children (7 to 12 years

old) are 0.000060 mg/kg bwt/day (0.60%

of the RfD) and 0.000032 mg/kg bwt/day

(0.32% of the RfD), respectively.

The nature of the residue in bananas

is adequately understood. An adequate

analytical method using gas

chromatography is available for

enforcement purposes.

The enforcement methodology has

been submitted to the Food and Drug

Administration for publication in the

Pesticide Analytical Manual, Volume II

(PAM II). Because of the long lead time

for publication of the method in PAM II,

the analytical methodology is being

made available in the interim to anyone

interested in pesticide enforcement

when requested from: Calvin Furlow,

Public Response and Program Resources

Branch, Field Operations Division

(7506C), Office of Pesticide Programs,

Environmental Protection Agency, 401

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

Office location and telephone number:

Rm. 1132, CM #2, 1921 Jefferson Davis

Highway, Arlington, VA 22202, (703)-

305-5232.

There is no reasonable expectation

that secondary residues will occur in

milk, eggs, or meat of livestock and

poultry since there are no livestock feed

items associated with this action.

There are presently no actions

pending against the continued

registration of this chemical.

Based on the information and data

considered, the Agency has determined

that the tolerance established by

amending 40 CFR part 180 will protect

the public health. Therefore, the

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

to the regulation and may also request

a hearing on those objections.

Objections and hearing requests must be

filed 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 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

3F4167/R2129] (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

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 3F4167/R2129],

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 can be sent directly to

EPA at:

opp-Docket@epamail.epa.gov

A copy of electronic objections and

hearing requests 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, October 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
Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Rules and Regulations 28351

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: 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 § 180.474, by amending the table

therein by adding and alphabetically

inserting an entry for bananas, to read

as follows:

§ 180.474 Tebuconazole (alpha-[2-(4-

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

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

tolerances for residues.

* * * *

*

Commodity Parts per

million

Commodity Parts per

million

Bananas .................................... 0.05

* * * * *

*

[FR Doc. 95–13251 Filed 5–30–95; 8:45 am]

BILLING CODE 6560–50–F

40 CFR Parts 180 and 186

[PP 8F3646 and FAP 8H5558/R2138; FRL–

4955–8]

RIN 2070–AB78

Sethoxydim; Pesticide Tolerance and

Feed Additive Regulation

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This document establishes an

increased tolerance for residues of the

herbicide sethoxydim (2-[1-

(ethoxyimino)butyl]-5-[2-

(ethylthio)propyl]-3-hydroxy-2-

cyclohexen-1-one) and its metabolites

containing the 2-cyclohexen-1-one

moiety (calculated as the herbicide) in

or on the raw agricultural commodity

sugar beet roots to 1.0 part per million

(ppm) and an increase in the established

feed additive regulation on the animal

feed commodity sugarbeet molasses to

10.0 ppm. The BASF Corp. requested

these regulations pursuant to the

Federal Food, Drug and Cosmetic Act

(FFDCA). These regulations establish

the maximum permissible levels for

residues of the pesticide in or on the

above commodities.

EFFECTIVE DATE: This regulation

becomes effective May 31, 1995.

ADDRESSES: Written objections and

hearing requests, identified by the

document control number, [PP 8F3646

and FAP 8H5558/R2138], 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 8F3646 and FAP

8H5558/R2138]. 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: Robert J. 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, CM #2, 1921 Jefferson Davis

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

6800; e-mail:

taylor.robert@epamail.epa.gov.

SUPPLEMENTARY INFORMATION: In the

Federal Register of April 12, 1995 (60

FR 18560), EPA issued a proposed rule

that gave notice that the BASF Corp.,

P.O. Box 13528, Research Triangle Park,

NC 27709-3528, had submitted a

pesticide petition, PP 8F3646, and a

feed additive petition, FAP 8H5558, to

EPA. PP 8F3646 requests that the

Administrator, pursuant to section

408(d) of the Federal Food, Drug and

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

346a(d), amend 40 CFR part 180 by

establishing a tolerance for the

combined residues of the herbicide

sethoxydim (2-[1-ethoxyimino)butyl]-5-

[2-(ethylthio)propyl]-3-hydroxy-2-

cyclohexen-1-one) and its metabolites

containing the 2-cyclohexen-1-one

moiety (calculated as the herbicide)) in

or on the raw agricultural commodity

(RAC) sugarbeet roots at 1.0 part per

million (ppm). Feed additive petition

(FAP) 8H5558 requests that the

Administrator, pursuant to section

409(e) of the FFDCA (21 U.S.C. 348),

amend 40 CFR part 186 by establishing

a feed additive regulation for the

combined residues of the herbicide