Federal Register / Vol. 61, No. 87 / Friday, May 3, 1996 / Rules and Regulations 19847

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).

EPA has established a record for this

rulemaking under docket number [PP

2F4111/R2226] (including any

comments and data submitted

electronically). 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 may be sent

directly to EPA at:

opp-docket@epamail.epa.gov.

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 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 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 (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: March 18, 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 180.399, is amended by

adding paragraph (d) to read as follows:

§ 180.399 Iprodione; tolerances for

residues.

* * * * *

(d)(1) A time-limited tolerance, to

expire March 15, 1997, is established

permitting the combined residues of the

fungicide iprodione [3-(3,5-

dichlorophenyl)-N-(1-methylethyl)-2,4-

dioxo-1-imidazolidinecarboxamide, its

isomer [3-(1-methylethyl)-N-(3,5-

dichlorophenyl)-2,4-dioxo-1-

imidazolidinecarboxamide] and its

metabolite [3-(3,5-dichlorophenyl)-2,4-

dioxo-1-imidazolidinecarboxamide] in

or on the following raw agricultural

commodity:

Commodity Parts per

million

Cottonseed ................................ 0.10

(2) Residues in this commodity not in

excess of the established tolerance

resulting from the use described in this

paragraph remaining after expiration of

the time-limited tolerance will not be

considered to be actionable if the

fungicide is applied during the term of

and in accordance with the provisions

of the above regulation.

[FR Doc. 96–10921 Filed 5–2–96; 8:45 am]

BILLING CODE 6560–50–F

40 CFR Part 180

[OPP–300403A; FRL–4995–8]

RIN 2070–AB78

Tebuthiuron; Pesticide Tolerances

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final Rule.

SUMMARY: This final regulation

establishes lower tolerances for residues

of Tebuthiuron on grass hay and grass

rangeland forage and changes the

commodity name grass, rangeland

forage to grass, forage. These changes

are based on the Reregistration

Eligibility Decision tolerance

assessment for Tebuthiuron.

EFFECTIVE DATE: This regulation

becomes effective July 2, 1996.

ADDRESSES: Written objections and

hearing requests, identified by the

document control number, [OPP–

300403A], 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,
19848 Federal Register / Vol. 61, No. 87 / Friday, May 3, 1996 / Rules and Regulations

1921 Jefferson Davis Hwy., Arlington,

VA 22202.

Copies of electronic 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 5.1 file format or ASCII

file format. All copies of objections and

hearing requests in electron form must

be identified by the docket number

[300403A]. 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: Ben Chambliss, Special Review

and Reregistration Division (7508W),

Environmental Protection Agency, 401

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

Office location and telephone number:

Crystal Station #1, Third Floor, 2800

Jefferson Davis Highway, Arlington, VA

22202. (703) 308-8174, e-mail:

chambliss.ben@epamail.epa.gov.

SUPPLEMENTARY INFORMATION: In the

Federal Register of December 6, 1995

(60 FR 62364), EPA issued a proposed

rule that proposed to lower the

tolerance for Tebuthiuron on grass hay

and grass rangeland forage and to

change the commodity name ‘‘grass,

rangeland forage’’ to ‘‘grass, forage.’’

There were no comments or requests

for referral to an advisory committee

received in response to the proposed

rule. This final rule adopts those

changes based on the Reregistration

Eligibility Decision tolerance

assessment for Tebuthiuron.

This regulation amends 40 CFR

180.390 by lowering the tolerance for

grass hay and forage from 20 parts per

million (ppm) to 10 ppm, based on data

showing that combined residues of

tebuthiuron and its regulated

metabolites did not exceed 10 ppm on

any grass forage or hay sample in field

trials conducted under label conditions.

This regulations also amends the

definition listed in 40 CFR 180.390 to

conform to commodity definitions

currently used by EPA.

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 will protect

the public health. Therefore, the

tolerance 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

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 [OPP–

300403A] (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

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 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 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 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).

There are no information collection

requirements in this regulation therefore

the requirements of the Paperwork

Reduction Act do not apply to this

rulemaking.

List of Subjects In 40 CFR Part 180

Environmental protection,

Administrative practice and procedure,

Agricultural commodities, Pesticides

and pests, Reporting and recordkeeping

requirements.
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