Federal Register / Vol. 61, No. 87 / Friday, May 3, 1996 / Rules and Regulations 19849

Dated: April 16, 1996.

Lois A. Rossi,

Director, Special Review and Reregistration

Division, Office of Pesticide Programs.

Therefore, 40 CFR, chapter I, part 180

is proposed to be amended as follows:

PART 180—[AMENDED]

1. The authority citation for part 180

would continue to read as follows:

Authority: 21 U.S.C. 346a and 371.

2. In § 180.390 the table is amended

by revising the entry for ‘‘grass, hay’’,

removing the entry for ‘‘grass,

rangeland, forage’’, and adding

alphabetically an entry for ‘‘grass,

forage’’, to read as follows:

§ 180.390 Tebuthiuron; tolerances for

residues.

* * * * *

Commodity Parts per

million

* * * * *

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

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

* * * * *

[FR Doc. 96–10920 Filed 5–2–96; 8:45 am]

BILLING CODE 6560–50–F

40 CFR Part 180

[PP 9F3798/R2229; FRL–5362–9]

RIN 2070–AB78

Lactofen; Pesticide Tolerance

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This document extends a

time-limited tolerance for residues of

the herbicide lactofen, 1-

(carboethoxy)ethyl-5-[2-chloro-4-

(trifluoromethyl)phenoxy]-2-

nitrobenzoate, and its metabolites

containing the diphenyl ether linkage

on the raw agricultural commodity

(RAC) cottonseed at 0.05 part per

million (ppm). The Valent USA Corp.

requested this tolerance pursuant to the

Federal Food, Drug, and Cosmetic Act

(FFDCA). The time-limited tolerance

expires on December 31, 1996.

EFFECTIVE DATE: This regulation is

effective May 3, 1996.

ADDRESSES: Written objections and

hearing requests, identified by the

document control number, [[PP 9F3798/

R2229], 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 9F3798/R2229].

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 this document.

FOR FURTHER INFORMATION CONTACT: By

mail: Joanne I. Miller, Product Manager

(PM 23), Registration Division (7505C),

Office of Pesticide Programs,

Environmental Protection Agency, 401

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

Office location, telephone number, and

e-mail address: Rm. 237, CM #2, 1921

Jefferson Davis Highway, Arlington, VA,

(703)-305-6224; e-mail:

miller.joanne@epamail.epa.gov.

SUPPLEMENTARY INFORMATION: In the

Federal Register of February 14, 1996

(61 FR 5726) (FRL–5349–1), EPA issued

a proposed rule that gave notice

pursuant to section 408 of the Federal

Food, Drug, and Cosmetic Act (FFDCA)

(21 U.S.C. 346a), the Agency proposed

to extend until December 31, 1996, a

tolerance for residues of the herbicide

lactofen, 1-(carboethoxy)ethyl-5-[2-

chloro-4-(trifluoromethyl)phenoxy]-2-

nitrobenzoate, and its metabolites

containing the diphenyl ether linkage in

or on the raw agricultural commodity

(RAC) cottonseed at 0.05 ppm.

There were no comments or requests

for referral to an advisory committee

received in response to the proposed

rule.

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

9F3798/R2229] (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.

A copy of objections and hearing

requests filed with the Hearing Clerk
19850 Federal Register / Vol. 61, No. 87 / Friday, May 3, 1996 / Rules and Regulations

may also be submitted electronically by

sending electronic mail (e-mail) to:

opp-docket@epamail.epa.gov.

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 copies of 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 comments

submitted directly in writing. The

official rulemaking record is the paper

record maintained at the Virginia

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 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 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 ‘‘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: April 10, 1996.

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. Section 180.432, paragraph (b) is

revised to read as follows:

§180.432 Lactofen; tolerances for

residues.

* * * * *

(b) A time-limited tolerance, that

expired December 31, 1995, is renewed

for 1 year and will now expire

December 31, 1996, for residues of the

herbicide lactofen, 1-(carboethoxy)ethyl5-[2-chloro-4-(trifluoromethyl)phenoxy]-

2-nitrobenzoate, and its metabolites

containing the diphenyl ether linkage in

or on the following raw agricultural

commodity:

Commodity Parts per million Expiration date

Cottonseed .................................................................... 0.05 ........................................... December 31, 1996

[FR Doc. 96–10919 Filed 5–2–96; 8:45 am]

BILLING CODE 6560–50–F

40 CFR Part 180

[OPP–30109; FRL–5365–2]

Tolerance Processing Fees

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This rule increases fees

charged for processing tolerance

petitions for pesticides under the

Federal Food, Drug, and Cosmetic Act

(FFDCA). The change in fees reflects a

2.54 percent increase in locality pay for

civilian Federal General Schedule (GS)

employees working in the Washington,

DC/Baltimore, MD metropolitan area in

1996.

EFFECTIVE DATE: June 3, 1996.

FOR FURTHER INFORMATION CONTACT:

Concerning this rule: By mail: Rochele

Kadish, Program Management and

Support Division (7502C), Office of

Pesticide Programs, Environmental

Protection Agency, 401 M St., SW.,

Washington, DC 20460. Office location

and telephone number: Rm. 700-K, CM

#2, 1921 Jefferson Davis Highway,

Arlington, VA., 703–305–5044, e-mail:

kadish.rochele@epamail.epa.gov.

Concerning Tolerance Petitions and

Individual Fees: Tom Ellwanger, 703–

308–8780, e-mail:

ellwanger.tom@epamail.epa.gov.

SUPPLEMENTARY INFORMATION: The EPA

is charged with administration of

section 408 of the Federal Food, Drug,

and Cosmetic Act (FFDCA). Section 408

authorizes the Agency to establish

tolerance levels and exemptions from

the requirements for tolerances for raw

agricultural commodities. Section

408(o) requires that the Agency collect

fees as will, in the aggregate, be

sufficient to cover the costs of

processing petitions for pesticide

products, i.e., that the tolerance process

be as self-supporting as possible.

The current fee schedule for tolerance

petitions (40 CFR 180.33) was published

in the Federal Register on May 17, 1995

(60 FR 26360)(FRL–4950–7) and became

effective on June 16, 1995. At that time

the fees were increased 3.22 percent in

accordance with a provision in the

regulation that provides for automatic

annual adjustments to the fees based on

annual percentage changes in Federal

salaries. The specific language in the

regulation is contained in paragraph (o)

of § 180.33 and reads in part as follows:

(o) This fee schedule will be changed

annually by the same percentage as the

percent change in the Federal General

Schedule (GS) pay scale... When automatic

adjustments are made based on the GS pay

scale, the new fee schedule will be published

in the Federal Register as a final rule to

become effective thirty days or more after

publication, as specified in the rule.

The Federal Employees Pay

Comparability Act of 1990 (FEPCA)

initiated locality-based comparability

pay, known as ‘‘locality pay’’. The

intent of the legislation is to make

Federal pay more responsive to local

labor market conditions by adjusting

General Schedule salaries on the basis