62364 Federal Register / Vol. 60, No. 234 / Wednesday, December 6, 1995 / Proposed Rules

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 all comments 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

comments submitted directly in writing.

The official rulemaking record is the

paper record maintained at the address

in ADDRESSES at the beginning of this

document.

IV. Regulatory Assessment

Requirements

To satisfy requirements for analysis

specified by Executive Order 12866, the

Regulatory Flexibility Act, the

Paperwork Reduction Act, and the

Unfunded Mandates Reform Act, EPA

has analyzed the impacts of this

proposal.

A. Executive Order 12866

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 entitlements,

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 this

Executive Order, EPA has determined

that this rule is not a ‘‘significant

regulatory action,’’ because it does not

meet any of the regulatory-significance

criteria listed above.

B. Regulatory Flexibility Act

EPA has reviewed this proposed rule

under the Regulatory Flexibility Act of

1980 (Pub. L. 96-354; 94 Stat. 1164, 5

U.S.C. 601 et seq.) and has determined

that it will not have a significant

economic impact on a substantial

number of small businesses, small

governments, or small organizations.

Accordingly, I certify that this proposed

rule does not require a separate

regulatory flexibility analysis under the

Regulatory Flexibility Act.

C. Paperwork Reduction Act

This proposed regulatory action does

not contain any information collection

requirements subject to review by OMB

under the Paperwork Reduction Act of

1980, 44 U.S.C. 3501 et seq.

D. Unfunded Mandates Reform Act

This proposed rule contains no

Federal mandates under Title II of the

Unfunded Mandates Reform Act of

1995, Pub. L. 104-4, for State, local, or

tribal governments or the private sector,

because it would not impose

enforceable duties on them.

List of Subjects in 40 CFR Part 180

Environmental protection,

Administrative practice and procedure,

Agricultural commodities, Pesticides

and pests, Reporting and recordkeeping

requirements.

Dated: November 30, 1995.

Jack E. Housenger,

Chief, Special Review Branch, Special Review

and Reregistration Division, Office of

Pesticide Programs.

Therefore, it is proposed that 40 CFR

part 180 be 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 § 180.175, by removing

paragraph (b) and designating it as

‘‘reserved’’ as follows:

§ 180.175 Maleic hydrazide; tolerances for

residues.

* * * * *

(b) [Reserved]

§ 180.245 [Amended]

3. By amending § 180.245

Streptomycin; tolerances for residues,

by removing the term ‘‘negligible’’ from

the text.

§ 180.304 [Amended]

4. In § 180.304 Oryzalin; tolerances

for residues by amending paragraph (a)

in the table therein by removing the

entries for cottonseed; grain, barley;

grain, wheat; peas (succulent); potatoes;

and soybeans.

§ 180.396 [Amended]

5. In § 180.396 Hexazinone;

tolerances for residues by amending

paragraph (a) in the table therein by

removing the entries for eggs; poultry,

fat; poultry, mbyp; poultry, meat;

pineapple, fodder; and pineapple,

forage.

[FR Doc. 95–29734 Filed 12–5–95; 8:45 am]

BILLING CODE 6560–50–F

40 CFR Part 180

[OPP–300403; FRL–4986–2]

RIN 2070–AC18

Tebuthiuron; Tolerances

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: EPA has completed the

reregistration process and issued a

Reregistration Eligibility Document

(RED) for tebuthiuron. In the

reregistration process, all information to

support this pesticide’s continued

registration is reviewed for adequacy

and, when needed, supplemented with

new scientific studies. Based on the

RED tolerance assessment for the

pesticide chemical subject to this

proposed rule, EPA is proposing to

lower the tolerance for grass hay and

grass rangeland forage and change the

commodity name grass, rangeland

forage to grass, forage.

DATES: Written comments, identified by

the OPP document control number

[OPP–300403], must be received on or

before January 5, 1996.

ADDRESSES: By mail, submit comments

to Public Response and Program

Resources Branch, Field Operations

Division (7506C), Office of Pesticide

Programs, 401 M St., SW., Washington,

DC 20460. In person, deliver comments

to Rm. 1132, Crystal Mall #2, 1921

Jefferson Davis Hwy., Arlington, VA.

Comments and data may also be

submitted electronically by sending

electronic mail (e-mail) to: oppdocket@epamail.epa.gov. Electronic

comments must be submitted in ASCII

file avoiding the use of special

characters and any form of encryption.

Comments and data will also be

accepted on disks in WordPerfect in 5.1

file format or ASCII file format. All

comments and data in electronic form

must be identified by docket number

[OPP–300403]. No CBI should be

submitted through e-mail. Electronic

comments on this proposed rule may be

filed online at many Federeal

Depository Libraries. Additional

information on electronic submissions

can be found below in this document.

FOR FURTHER INFORMATION CONTACT: By

mail: Ben Chambliss, Special Review
Federal Register / Vol. 60, No. 234 / Wednesday, December 6, 1995 / Proposed Rules 62365

and Reregistration Division (7508W),

Environmental Protection Agency, 401

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

Office location: Special Review Branch,

Crystal Station #1, 3rd Floor, 2800

Crystal Drive, Arlington, VA 22202,

(703)–308–8174; e-mail:

chambliss.ben@epamail.epa.gov.

SUPPLEMENTARY INFORMATION:

I. Legal Authorization

The Federal Food, Drug, and Cosmetic

Act (FFDCA), 21 U.S.C. 301 et seq.,

authorizes the establishment of

tolerances (maximum legal residue

levels) and exemptions from the

requirement of a tolerance for residues

of pesticide chemicals in or on raw

agricultural commodities pursuant to

section 408 (21 U.S.C. 346(a)). Without

such tolerances or exemptions, a food

containing pesticide residues is

considered to be ‘‘adulterated’’ under

section 402 of the FFDCA, and hence

may not legally be moved in interstate

commerce (21 U.S.C. 342). To establish

a tolerance or an exemption under

section 408 of the FFDCA, EPA must

make a finding that the promulgation of

the rule would ‘‘protect the public

health’’ (21 U.S.C. 346a(b)). For a

pesticide to be sold and distributed the

pesticide must not only have

appropriate tolerances under the

FFDCA, but also must be registered

under the Federal Insecticide,

Fungicide, and Rodenticide Act (FIFRA,

7 U.S.C. 136 et seq.).

In 1988, Congress amended FIFRA

and required EPA to review and reassess

the potential hazards arising from

currently registered uses of pesticides

registered prior to November 1, 1984. As

part of this process, the Agency must

determine whether a pesticide is eligible

for reregistration and if any subsequent

actions are required to fully attain

reregistration status. EPA has chosen to

include in the reregistration process a

reassessment of existing tolerances or

exemptions from the need for a

tolerance. Through this reassessment

process, EPA can determine whether a

tolerance must be amended, revoked, or

established, or whether an exemption

from the requirement of one or more

tolerances must be amended or is

necessary.

The procedure for establishing,

amending, or repealing tolerances or

exemptions from the requirement of

tolerances is set forth in the Code of

Federal Regulations, 40 CFR parts 177

through 180. Pursuant to 40 CFR 180.32,

EPA is proposing the amendment of the

following tolerances. The Administrator

of EPA or any person may initiate an

action proposing to establish, amend,

revoke, or exempt a tolerance for a

pesticide registered for food uses. Each

petition or request for a new tolerance,

an amendment to an existing tolerance,

or a new exemption from the

requirement of a tolerance must be

accompanied by a fee. Current Agency

policy on tolerance actions identified

during the reregistration process is to

waive the payment of fees if the

tolerance action concerns revision or

revocation of an established tolerance.

Comments submitted in response to the

Agency’s published proposals are

reviewed; the Agency then publishes its

final determination regarding the

specific tolerance actions.

II. Chemical-Specific Information and

Proposed Actions

Tebuthiuron: Amendment to 40 CFR

180.390

1. Regulatory background.

Tebuthiuron is a nonselective soil

activated herbicide used to control

broadleaf and woody weeds, grasses,

and brush on terrestrial feed crop and

terrestrial nonfood crop sites.

Tolerances exist for tebuthiuron use on

grass hay and forage as well as

secondary residues in meat of cattle,

goats, horses, sheep, and in milk.

Tebuthiuron was registered by the

Elanco Products Co. in 1974. The

registration was later transferred to

DowElanco in 1989. A Registration

Standard was issued in July 1987 for all

pesticide products containing

tebuthiuron. Under this standard,

registrants were required to generate

and supply missing data and to replace

unacceptable data. In June 1994, the

Agency issued the Reregistration

Eligibility Document for Tebuthiuron.

This document reflects a reassessment

of all data submitted in response to the

Registration Standard of Tebuthiuron.

2. Proposed action—a. Lower the

tolerance for grass hay and forage from

20 parts per million (ppm) to 10 ppm.

A tolerance reduction from 20 ppm to

10 ppm is recommended for grass hay

and forage based on data showing that

combined residues of tebuthiuron and

it’s regulated metabolites did not exceed

10 ppm on any grass forage or hay

sample in field trials conducted under

label conditions.

b. Amend the commodity definition

listed in 40 CFR 180.390 to conform to

commodity definitions currently used

by EPA to read as follows: ‘‘Grass,

rangeland, forage’’ is proposed to read

as ‘‘Grass, forage’’.

III. Public Comment Procedures

Interested persons are invited to

submit written comments, information,

or data in response to this proposed

rule. Comments must be submitted by

January 5, 1996. Comments must bear a

notation indicating the document

control number. Three copies of the

comments should be submitted to either

location listed under ADDRESSES.

Information submitted as a comment

concerning this document may be

claimed confidential by marking any or

all of that information as ‘‘Confidential

Business Information’’ (CBI).

Information so marked will not be

disclosed except in accordance with

procedures set forth in 40 CFR part 2.

A copy of a comment that does not

contain CBI must be submitted for

inclusion in the public record.

Information not marked confidential

may be disclosed publicly by EPA

without prior notice.

Any person who has registered or

submitted an application for registration

of a pesticide, under the Federal

Insecticide, Fungicide, and Rodenticide

Act (FIFRA) as amended, which

contains any of the ingredients listed

herein, may request within 30 days after

publication of this document in the

Federal Register that this rulemaking

proposal be referred to an Advisory

Committee in accordance with section

408(e) of the FFDCA.

Documents considered and relied

upon by EPA pertaining to this action,

and all written comments filed pursuant

to this proposed rule, will be available

for public inspection in Rm. 1132,

Crystal Mall #2, 1921 Jefferson Davis

Highway, Arlington, VA between 8 a.m.

and 4:30 p.m., Monday through Friday,

except legal holidays. To satisfy

requirements for analysis specified by

Executive Order 12866 and the

Regulatory Flexibility Act, EPA has

considered the impacts of this proposal.

A record has been established for this

rulemaking under docket number [OPP–

300403] (including comments and data

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.

Electronic comments can be sent

directly to EPA at:

opp-Docket@epamail.epa.gov
62366 Federal Register / Vol. 60, No. 234 / Wednesday, December 6, 1995 / Proposed Rules

Electronic comments 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 all comments 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

comments submitted directly in writing.

The official rulemaking record is the

paper record maintained at the address

in ADDRESSES at the beginning of this

document.

IV. Regulatory Assessment

Requirements

A. Executive Order 12866

Under Executive Order 12866 (58 FR

51735, October 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 entitlements,

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 this

Executive Order, it has been determined

that this rule is not a ‘‘significant

regulatory action,’’ because it does not

meet any of the regulatory-significance

criteria listed above.

B. Regulatory Flexibility Act

This proposed rule has been reviewed

under the Regulatory Flexibility Act of

1980 (Pub. L. 96–354; 94 Stat. 1164, 5

U.S.C. 601 et seq.), and EPA has

determined that it will not have a

significant economic impact on a

substantial number of small businesses,

small governments, or small

organizations.

Accordingly, I certify that this

proposed rule does not require a

separate regulatory flexibility analysis

under the Regulatory Flexibility Act.

C. Paperwork Reduction Act

This proposed regulatory action does

not contain any information collection

requirements subject to review by OMB

under the Paperwork Reduction Act of

1980, 44 U.S.C. 3501 et seq.

D. Unfunded Mandates

This proposed rule contains no

Federal mandates under Title II of the

Unfunded Mandates Reform Act of

1995. Pub. L. 104–4 for State, local, or

tribal governments or the private sector

because it would not impose

enforceable duties on them.

List of Subjects in 40 CFR Part 180

Environmental protection,

Administrative practice and procedure,

Agricultural commodities, Pesticides

and pests, Reporting and recordkeeping

requirements.

Dated: November 30, 1995.

Jack E. Housenger,

Chief, Special Review Branch, Special Review

and Reregistration Division, Office of

Pesticide Programs.

Therefore, it is proposed that 40 CFR

part 180 be 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 § 180.390, by amending the table

therein by revising the entries for grass,

hay and grass, rangeland, forage to read

as follows:

§ 180.390 Tebuthiuron; tolerances for

residues.

* * * * *

Commodity Parts per

million

* * * * *

Grass, hay ................................ 10.0

Grass, forage ............................ 10.0

* * * * *

[FR Doc. 95–29735 Filed 12–5–95; 8:45 am]

BILLING CODE 6560–50–F

40 CFR Parts 180 and 186

[PP 3F4169 and FAP 3H5655/P628; FRL–

4971–7]

RIN 2070–AC18

Imidacloprid; Pesticide Tolerances

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: EPA proposes to establish

permanent tolerances for residues of the

insecticide (1-[(6-chloro-3-

pyridinyl)methyl]-N-nitro-2-

imidazolidinimine) (also known as

imidacloprid) and it metabolites in or

on cottonseed and cotton gin

byproducts, to revoke the existing feed

additive tolerance for imidacloprid on

cotton meal, and to establish a

maximum residue limit for imidacloprid

on cottonseed meal. Bayer Corp.

(formerly Miles, Inc.) submitted

petitions pursuant to the Federal Food,

Drug Cosmetic Act (FFDCA) requesting

these regulations to establish certain

maximum permissible levels for

residues of the insecticide.

DATES: Comments, identified by the

document control number, [PP 3F4169

and FAP 3H5655/P628], must be

received on or before January 5, 1996.

ADDRESSES: By mail, submit written

comments 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

comments to: Rm. 1132, CM #2, 1921

Jefferson Davis Hwy., Arlington, VA

22202. Information submitted as a

comment concerning this document

may be claimed confidential by marking

any part or all of that information as

‘‘Confidential Business Information’’

(CBI). Information so marked will not be

disclosed except in accordance with

procedures set fourth 40 CFR part 2. A

copy of the comment that does not

contain CBI must be submitted for

inclusion in the public record.

Information not marked confidential

may be disclosed publicly by EPA

without prior notice. All Written

comments will be available for public

inspection in Rm. 1132 at the addressed

given above, from 8 a.m. to 4:30 p.m.,

Monday through Friday, excluding legal

holidays.

Comments and data may also be

submitted electronically by sending

electronic mail (e-mail) to: oppdocket@epamail.epa.gov. Electronic

comments must be submitted as an

ASCII file avoiding the use of special

characters and any form of encryption.