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
28352 Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Rules and Regulations

sethoxydim and its metabolites

containing the 2-cyclohexen-1-one

moiety (calculated as the herbicide) in

or on the animal feed sugar beet

molasses at 10.0 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 tolerance and animal

feed regulation will protect the public

health. Therefore, the tolerance and

animal feed regulation are established as

set forth below.

Any person adversely affected by

these regulations 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 [PP

8F3646 and FAP 8H5558/R2138]

(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 8F3646 and

8H5558/R2138], 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 and

186

Environmental protection,

Administrative practice and procedure,

Agricultural commodities, Feed

additives, Pesticides and pests,

Reporting and recordkeeping

requirements.

Dated: May 18, 1995.

Stephen L. Johnson,

Director, Registration Division, Office of

Pesticide Programs.

Therefore, chapter I of title 40 of the

Code of Federal Regulations is 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 § 180.412(a), by amending the

table therein by revising the entry for

sugar beet, roots, to read as follows:

§ 180.412 2-[1-(Ethoxyimino)butyl]-5-[2-

(ethylthio)propyl]-3-hydroxy-2-cyclohexen1-one; tolerances for residues

(a) * * *

Commodity Parts per

million

* * * * *

Sugar beet, roots ...................... 1.0

* * * * *

* * * * *

PART 186—[AMENDED]

2. In part 186:

a. The authority citation for part 186

continues to read as follows:

Authority: 21 U.S.C. 348.

b. In § 186.2800, by revising the

section heading and introductory text
Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Rules and Regulations 28353

and by amending the table therein by

revising the entry for sugar beet

molasses, to read as follows:

§ 186.2800 2-[1-(Ethoxyimino)butyl]-5-[2-

(ethylthio)propyl]-3-hydroxy-2-cyclohexen1-one.

Tolerances are established for the

combined residues of the herbicide 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 following commodities:

Food Parts per

million

* * * * *

Sugar beet molasses ................ 10.0

* * * * *

[FR Doc. 95–13247 Filed 5–30–95; 8:45 am]

BILLING CODE 6560–50–F

40 CFR Parts 180, 185, and 186

[PP 9F3731 and FAP 9H5574/R2139; FRL–

4955–9]

RIN 2070–AB78

Cyfluthrin; Pesticide Tolerances

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This document establishes

time-limited tolerances, with an

expiration date of November 15, 1997,

for residues of the synthetic pyrethroid

cyfluthrin in or on the raw agricultural

commodities (RAC’s) tomatoes; carrots;

peppers; radishes; meat, fat, and meat

byproducts of cattle, goats, hogs, horses,

poultry, and sheep; milkfat; and eggs

and in the food/feed additive

commodities tomato, pomace (dry and

wet) and tomato concentrated products.

Bayer Corp., Agricultural Division

(formerly Miles Corp., Animal

Products), requested the tolerances and

regulations pursuant to the Federal

Food, Drug and Cosmetic Act (FFDCA).

The tolerances and regulations establish

maximum permissible levels for

residues of the pesticide 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 9F3731

and FAP 9H5574/R2139], 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 9F3731 and FAP

9H5574/R2139]. 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: George T. LaRocca, Product

Manager (PM 13), Registration Division

(7505C), Environmental Protection

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

DC 20460. Office location and telephone

number: Rm. 204, CM #2, 1921 Jefferson

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

305-6100; e-mail:

larocca.george@epamail.epa.gov.

SUPPLEMENTARY INFORMATION: In the

Federal Register of April 12, 1995 (60

FR 18561), EPA issued a proposed rule

that gave notice that pesticide petition

(PP) 9H5574 submitted to EPA under

section 408(d) of the FFDCA proposed

to amend 40 CFR 180.436 by

establishing time-limited tolerances for

residues of the insecticide cyfluthrin,

cyano(4-fluoro-3-phenoxyphenyl)-

methyl-3-(2,2-dichloroethenyl)-2,2-

dimethylcyclopropanecarboxylate, in or

on the RAC’s tomatoes at 0.20 part per

million (ppm); carrots at 0.20 ppm;

peppers at 0.50 ppm; radishes at 1.00

ppm; meat, fat, and meat byproducts of

cattle, goats, hogs, horses, and sheep at

0.40 ppm; meat, fat, and meat

byproducts of poultry at 0.01 ppm;

milkfat (reflecting 0.08 ppm in whole

milk) at 2.50 ppm; and eggs at 0.01 ppm;

and pursuant to food/feed additive

petition (FAP) 9H5574 submitted to

EPA under section 409(e) of the FFDCA,

EPA proposed to amend 40 CFR

185.1250 to establish a time-limited

food additive regulation for tomato,

concentrated products at 0.5 ppm and to

amend 40 CFR 186.1250 to establish a

time-limited feed additive regulation for

tomato, pomace (dry and wet) at 5.0

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 tolerance, food

additive regulation, and animal feed

regulation will protect the public health.

Therefore, the tolerance, food additive

regulation, and animal feed regulation

are established as set forth below.

Any person adversely affected by

these regulations 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