Federal Register / Vol. 60, No. 35 / Wednesday, February 22, 1995 / Rules and Regulations 9781

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 and the relief

sought (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).

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: February 14, 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 § 180.254, by adding new

paragraph (c), to read as follows:

§ 180.254 2,3-Dihydro-2,2-dimethyl-7-

benzofuranyl-N-methylcarbamate;

tolerances for residues.

* * * * *

(c) A time-limited tolerance, to expire

on February 22, 1997, with regional

registration, as defined in § 180.1(n), is

established for the combined residues of

the insecticide carbofuran (2,3-dihydro2,2-dimethyl-7-benzofuranyl-Nmethylcarbamate), its carbamate

metabolite, 2,3-dihydro-2,2-dimethyl-3-

hydroxy-7-benzofuranyl-Nmethylcarbamate, and its phenolic

metabolites 2,3-dihydro-2,2-dimethyl-7-

benzofuranol, 2,3-dihydro-2,2-dimethyl3-oxo-7-benzofuranol and 2,3-dihydro2,2-dimethyl-3,7-benzofurandiol in or

on the following raw agricultural

commodity:

Commodity Parts per

million

Canola (of which no more than

0.2 ppm is carbamate) .......... 1.0

[FR Doc. 95–4303 Filed 2–16–95; 2:39 pm]

BILLING CODE 6560–50–F

40 CFR Part 180

[OPP–300372A; FRL–4933–5]

RIN 2070–AB78

Acrylamide-Potassium Acrylate-Acrylic

Acid Copolymer, Crosslinked;

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 acrylamidepotassium acrylate-acrylic acid

copolymer, crosslinked (CAS Reg. No.

31212-13-2) when used as an inert

ingredient (carrier) in pesticide

formulations applied to growing crops

or to raw agricultural commodities after

harvest. Kelly Products, Inc., requested

this rule.

EFFECTIVE DATE: This regulation

becomes effective February 22, 1995.

ADDRESSES: Written objections,

identified by the document control

number, [OPP-300372A], 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 request

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.

FOR FURTHER INFORMATION CONTACT: By

mail: Connie Welch, Registration

Support Branch, Registration Division

(7505W), Office of Pesticide Programs,

Environmental Protection Agency, 401

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

Office location and telephone number:

Westfield Building North, 6th Fl., 2800

Crystal Drive, Arlington, VA 22202,

(703)-308-8320.

SUPPLEMENTARY INFORMATION: In the

Federal Register of November 30, 1994

(59 FR 61302), EPA issued a proposed
9782 Federal Register / Vol. 60, No. 35 / Wednesday, February 22, 1995 / Rules and Regulations

rule that gave notice that Kelly

Products, Inc., P.O. Box 1508, 4132

Highway 278, NW., Covington, GA

30209, had submitted pesticide petition

(PP) 4E4348 to EPA requesting that the

Administrator, pursuant to section

408(e) of the Federal Food, Drug and

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

346a(e), propose to amend 40 CFR

180.1001(c) by establishing an

exemption from the requirement of a

tolerance for residues of acrylamide

potassium acrylate-acrylic acid

copolymer, crosslinked (CAS Reg. No.

31212-13-2) when used as an inert

ingredient (carrier) in pesticide

formulations applied to growing crops

or to raw agricultural commodities after

harvest.

Inert ingredients are all ingredients

that are not active ingredients as defined

in 40 CFR 153.125, and include, but are

not limited to, the following types of

ingredients (except when they have a

pesticidal efficacy of their own):

solvents such as alcohols and

hydrocarbons; surfactants such as

polyoxyethylene polymers and fatty

acids; carriers such as clay and

diatomaceous earth; thickeners such as

carrageenan and modified cellulose;

wetting, spreading, and dispersing

agents; propellants in aerosol

dispensers; microencapsulating agents;

and emulsifiers. The term ‘‘inert’’ is not

intended to imply nontoxicity; the

ingredient may or may not be

chemically active.

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 exemption

will protect the public health.

Therefore, the tolerance exemption 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:

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).

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 or 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: February 1, 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. Section 180.1001(c) is amended by

adding and alphabetically inserting the

inert ingredient, to read as follows:

§ 180.1001 Exemptions from the

requirement of a tolerance.

* * * * *

(c) * * *

Inert ingredients Limits Uses

* * * * * * *

Acrylamide potassium acrylate-acrylic acid copolymer,

crosslinked (CAS Reg. No. 31212-13-2), minimum

number average molecular weight 1,000,000.

.............................................. Carrier

* * * * * * *
Federal Register / Vol. 60, No. 35 / Wednesday, February 22, 1995 / Rules and Regulations 9783

* * * * *

[FR Doc. 95–4304 Filed 2–16–95; 2:39 pm]

BILLING CODE 6560–50–F

40 CFR Part 180

[PP 3F4169 and FAP 3H5655/R2090; FRL–

4937–3]

RIN 2070–AB78

Pesticide Tolerance for Imidacloprid;

Technical Amendment

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule; Technical

amendment.

SUMMARY: EPA is issuing a technical

amendment to a final rule on the

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

pyridinyl)methyl]-N-nitro-2-

imidazolidinimine) and its metabolites

to designate the tolerance for hops as a

time-limited tolerance and to correct a

typographical error in an expiration date

for a tolerance for cottonseed.

EFFECTIVE DATE: February 22, 1995.

FOR FURTHER INFORMATION CONTACT:

Dennis H. Edwards, Product Manager

(PM 19), Registration Division (7505C),

Office of Pesticide Programs,

Environmental Protection Agency, 401

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

Office location and telephone number:

Rm. 207, CM #2, 1921 Jefferson Davis

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

3686.

SUPPLEMENTARY INFORMATION: In the

Federal Register of November 30, 1994

(59 FR 61278), EPA revised 40 CFR

180.472 and removed the time-limited

designation for commodities listed in

paragraph (a). The listing ‘‘Hops, dried’’

at 3.0 ppm inadvertently was left in

paragraph (a) in the new list of

commodities without a time-limited

designation, but hops should have

retained the time-limited designation,

June 28, 1995, and been moved to a new

paragraph. EPA is rectifying this

oversight by designating the timelimited tolerance for hops in new

paragraph (d) under 40 CFR 180.472.

Also, in the November 30, 1994

document (59 FR 61278), a

typographical error in 40 CFR

180.472(b), i.e., the November 17, 1994

time-limited designation, is corrected to

read ‘‘November 17, 1996’’. The

November 17, 1996 expiration date was

specified in the preamble of the

document, and its is correctly stated in

the time-limited tolerance for

cottonseed meal in 40 CFR 186.900(b) in

the same document.

This document contains corrections

and technical amendments only and

does not require notice and comment, 5

U.S.C. 553.

List of Subjects in 40 CFR Part 180

Environmental protection,

Agricultural commodities, Pesticides

and pests, Reporting and recordkeeping

requirements.

Dated: February 10, 1995.

Stephen L. Johnson,

Director, Registration Division, Office of

Pesticide Programs.

Therefore, a technical amendment is

made to 40 CFR part 180 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 § 180.472, by amending

paragraph (a) in the table therein by

removing the listing ‘‘Hops, dried’’, by

amending paragraph (b) in the

introductory text by changing the date

‘‘November 17, 1994’’ to read

‘‘November 17, 1996’’, and by adding

new paragraph (d), to read as follows:

§ 180.472 1-[(6-Chloro-3-pyridinyl) methyl]-

N-nitro-2-imidazolidinimine; tolerances for

residues.

* * * * *

(d) A time-limited tolerance, to expire

June 28, 1995, is established permitting

residues of the insecticide 1-[(6-chloro3-pyridinyl)methyl]-N-nitro-2-

imidazolidinimine and its metabolites

containing the 6-chloropyridinyl

moiety, all expressed as 1-[(6-chloro-3-

pyridinyl)methyl)-N-nitro-2-

imidazolidinimine, in or on the

following raw agricultural commodity:

Commodity Parts per

million

Hops, dried ............................... 3.0

[FR Doc. 95–4184 Filed 2–21–95; 8:45 a.m.]

BILLING CODE 6560–50–F

40 CFR Parts 180, 185, and 186

[PP 8F2034, 7F2013, 4F2993, 2F2623,

4F3046, 2F4144, and 6F3318/R2106; FRL–

4933–4]

RIN 2070–AB78

Pesticide Tolerances for Permethrin,

Cypermethrin, Fenvalerate/

Esfenvalerate, Tralomethrin,

Fenpropathrin, Cyfluthrin, and

Lambda-Cyhalothrin; Extension of

Tolerances

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This rule extends tolerances

for residues of seven synthetic

pyrethroids—permethrin, cypermethrin,

fenvalerate/esfenvalerate, tralomethrin,

fenpropathrin, cyfluthrin, and lambdacyhalothrin (collectively referred to as

the synthetic pyrethroids)—in or on

certain raw agricultural commodities.

FMC Corp. (FMC), Zeneca Ag Products,

E.I. DuPont de Nemours & Co., Inc.,

Hoechst-Roussel Agri-Vet Co., Miles,

Inc., and Valent U.S.A Corp.,

collectively called the industry’s

Pyrethroid Working Group (PWG),

requested this rule to extend the

effective date for tolerances for

maximum permissible levels of residues

of these synthetic pyrethroids in or on

the commodities.

EFFECTIVE DATE: This regulation

becomes effective February 22, 1995.

ADDRESSES: Written objections and

hearing requests, identified by the

document control number [PP 8F2034,

7F2013, 4F2993, 2F2623, 4F3046,

2F4144, and 6F3318/R2106], 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 should

also be submitted to: Public Response

and Program Resources Branch, Field

Operations Division (7605C), Office of

Pesticide Programs, Environmental

Protection Agency, 401 M St., SW.,

Washington, DC 20460. In person,

deliver objections and hearing requests

filed with the Hearing Clerk to: Rm.

1132, Crystal Mall #2, 1921 Jefferson

Davis Hwy., Arlington, VA. 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.

FOR FURTHER INFORMATION CONTACT: By

mail: George T. LaRocca, Product