9780 Federal Register / Vol. 60, No. 35 / Wednesday, February 22, 1995 / Rules and Regulations

this action must be filed in the United

States Court of Appeals for the

appropriate circuit by April 24, 1995.

Filing a petition for reconsideration by

the Administrator of this final rule does

not affect the finality of this rule for the

purposes of judicial review nor does it

extend the time within which a petition

for judicial review may be filed and

shall not postpone the effectiveness of

such rule or action. This action may not

be challenged later in proceedings to

enforce its requirements. (See section

307(b)(2), 42 U.S.C. 7607(b)(2).

List of Subjects in 40 CFR Part 52

Air pollution control, Carbon

monoxide, Hydrocarbons, Incorporation

by reference, Ozone, Volatile organic

compounds.

Note: Incorporation by reference of the

Implementation Plan for the State of

Washington was approved by the Director of

the Office of Federal Register on July 1, 1982.

Dated: January 9, 1995.

Chuck Clarke,

Regional Administrator.

Part 52, chapter I, title 40 of the Code

of Federal Regulations is amended as

follows:

1. The authority citation for part 52

continues to read as follows:

Authority: 42 U.S.C. 7401–7671q.

Subpart WW—Washington

2. Section 52.2470 is amended by

adding paragraph (c) (50) to read as

follows:

§ 52.2470 Identification of plan.

* * * * *

(c) * * *

(50) By a letter dated December 29,

1993, the Director of WDOE submitted

to the Regional Administrator of EPA a

revision to the Washington SIP updating

the regulations from the Northwest Air

Pollution Authority.

(i) Incorporation by reference.

(A) The December 29, 1993 letter from

the Director of the Washington State

Department of Ecology submitting the

Northwest Air Pollution Authority

Regulations as a revision to the

Washington SIP.

(B) Regulations of the Northwest Air

Pollution Authority—sections 100, 101,

102, 103, 104.1, 105, 106, 110, 111, 112,

113, 114, 120, 121, 122, 123, 124, 130,

131, 132, 133, 134, 135, 140, 145, 150,

180, 200, 300, 301, 302, 303, 310, 320,

321, 322, 323, 324, 325, 340, 341, 342,

360, 365, 366, 400, 401, 410, 420, 421,

424, 450, 451, 452 (except for 452.5.),

455, 458, 460, 462, 466, 510, 520, 550,

560, and 580, effective on September 8,

1993.

[FR Doc. 95–3862 Filed 2–21–95; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 180

[OPP–300366A; FRL–4925–1]

RIN 2070–AB78

Pesticide Tolerances for 2,3-Dihydro2,2-Dimethyl-7-Benzofuranyl-NMethylcarbamate

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This document establishes a

time-limited tolerance for residues of

the insecticide 2,3-dihydro-2,2-

dimethyl-7-benzofuranyl-Nmethylcarbamate (common name

‘‘carbofuran’’) and its metabolites in or

on canola at 1.0 part per million (ppm)

with an expiration date of 2 years after

the beginning of the effective date of the

rule. EPA is issuing this rule on its own

initiative.

EFFECTIVE DATE: This regulation

becomes effective February 22, 1995.

ADDRESSES: Written objections,

identified by the document control

number, [OPP-300366A], 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.

FOR FURTHER INFORMATION CONTACT: By

mail: Dennis H. Edwards, Jr., Product

Manager (PM) 19, Registration Division

(7505C), Environmental Protection

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

DC 20460. Office location and telephone

number: Rm. 207, 1921 Jefferson Davis

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

6386.

SUPPLEMENTARY INFORMATION: In the

Federal Register of November 8, 1994

(59 FR 55605), EPA issued a proposed

rule that gave notice that on its own

initiative and under section 408(e) of

the Federal Food, Drug and Cosmetic

Act, 21 U.S.C. 346a(e), it proposed a

time-limited tolerance for the residues

of carbofuran and its metabolites in or

on canola at 1.0 ppm. EPA proposed a

tolerance because State registrations for

the use of carbofuran on canola exist.

However, because of EPA’s continuing

concern for the risk to birds posed by

carbofuran use, the Agency is limiting

the number of States in which granular

carbofuran may be used on canola, and

may take regulatory action in the near

future to further restrict carbofuran use.

Additional registrations will not be

permitted until EPA has reached a

decision on whether the canola use

poses unreasonable risks to birds and

wildlife and whether additional

restrictions are necessary. The Agency

intends to conduct the necessary risk

and benefit assessments and anticipates

a decision before the 1996 use season.

There are three Special Local Need

registrations under section 24(c) of the

Federal Insecticide, Fungicide, and

Rodenticide Act, 7 U.S.C. 136v(c).

Registrations associated with this timelimited tolerance will be regionally

restricted to Idaho, Minnesota, Montana,

North Dakota, and Washington.

The use of granular carbofuran under

this tolerance will be limited to the 1995

growing season because additional

residue data have to be submitted for

the Agency to make its determination

that the tolerance will be protective of

the public health. As discussed in the

proposed rule, the reference dose is

exceeded for nonnursing infants and

children ages 1 to 6 if it is assumed that

all canola will contain tolerance level

residues. EPA believes this assumption

overstates the risk. EPA has requested

additional data to confirm its view that

the risk estimate is overstated. The

Interregional Research Project No. 4 (IR4) is currently conducting residue trials

in the U.S. and plans to submit a

petition for a permanent tolerance in the

spring. EPA will not establish a

permanent tolerance until it has

received and evaluated the residue data.

Over 100 comments were received in

response to the proposed rule. All were

in support of establishing the tolerance.

The data submitted on 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.
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