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
Federal Register / Vol. 61, No. 87 / Friday, May 3, 1996 / Rules and Regulations 19851

of a comparison with non-Federal rates

on a geographic, locality basis.

The processing and review of

tolerance petitions is conducted by EPA

employees working in the Washington,

DC/Baltimore, MD pay area. The pay

raise in 1996 for Federal General

Schedule employees working in the

Washington, DC/Baltimore, MD

metropolitan pay area is 2.54 percent;

therefore, the tolerance petition fees are

being increased 2.54 percent. The entire

fee schedule, § 180.33, is presented for

the reader’s convenience. (All fees have

been rounded to the nearest $25.00.)

List of Subjects in 40 CFR Part 180

Administrative practice and

procedures, Agricultural commodities,

Pesticides and pests, Reporting and

recordkeeping requirements

Dated: April 16, 1996.

Daniel M. Barolo,

Director, Office of Pesticide Programs.

Therefore, 40 CFR part 180 is

amended as follows:

1. The authority citation for Part 180

continues to read as follows:

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

2. Section 180.33 is revised to read as

follows:

§ 180.33 Fees.

(a) Each petition or request for the

establishment of a new tolerance or a

tolerance higher than already

established, shall be accompanied by a

fee of $61,950, plus $1,550 for each raw

agricultural commodity more than nine

on which the establishment of a

tolerance is requested, except as

provided in paragraphs (b), (d), and (h)

of this section.

(b) Each petition or request for the

establishment of a tolerance at a lower

numerical level or levels than a

tolerance already established for the

same pesticide chemical, or for the

establishment of a tolerance on

additional raw agricultural commodities

at the same numerical level as a

tolerance already established for the

same pesticide chemical, shall be

accompanied by a fee of $14,175 plus

$950 for each raw agricultural

commodity on which a tolerance is

requested.

(c) Each petition or request for an

exemption from the requirement of a

tolerance or repeal of an exemption

shall be accompanied by a fee of

$11,425.

(d) Each petition or request for a

temporary tolerance or a temporary

exemption from the requirement of a

tolerance shall be accompanied by a fee

of $24,750 except as provided in

paragraph (e) of this section. A petition

or request to renew or extend such

temporary tolerance or temporary

exemption shall be accompanied by a

fee of $3,500.

(e) A petition or request for a

temporary tolerance for a pesticide

chemical which has a tolerance for other

uses at the same numerical level or a

higher numerical level shall be

accompanied by a fee of $12,350 plus

$950 for each raw agricultural

commodity on which the temporary

tolerance is sought.

(f) Each petition or request for repeal

of a tolerance shall be accompanied by

a fee of $7,750. Such fee is not required

when, in connection with the change

sought under this paragraph, a petition

or request is filed for the establishment

of new tolerances to take the place of

those sought to be repealed and a fee is

paid as required by paragraph (a) of this

section.

(g) If a petition or a request is not

accepted for processing because it is

technically incomplete, the fee, less

$1,550 for handling and initial review,

shall be returned. If a petition is

withdrawn by the petitioner after initial

processing, but before significant

Agency scientific review has begun, the

fee, less $1,550 for handling and initial

review, shall be returned. If an

unacceptable or withdrawn petition is

resubmitted, it shall be accompanied by

the fee that would be required if it were

being submitted for the first time.

(h) Each petition or request for a crop

group tolerance, regardless of the

number of raw agricultural commodities

involved, shall be accompanied by a fee

equal to the fee required by the

analogous category for a single tolerance

that is not a crop group tolerance, i.e.,

paragraphs (a) through (f) of this section,

without a charge for each commodity

where that would otherwise apply.

(i) Objections under section 408(d)(5)

of the Act shall be accompanied by a

filing fee of $3,100.

(j)(1) In the event of a referral of a

petition or proposal under this section

to an advisory committee, the costs shall

be borne by the person who requests the

referral of the data to the advisory

committee.

(2) Costs of the advisory committee

shall include compensation for experts

as provided in § 180.11(c) and the

expenses of the secretariat, including

the costs of duplicating petitions and

other related material referred to the

committee.

(3) An advance deposit shall be made

in the amount of $30,950 to cover the

costs of the advisory committee. Further

advance deposits of $30,950 each shall

be made upon request of the

Administrator when necessary to

prevent arrears in the payment of such

costs. Any deposits in excess of actual

expenses will be refunded to the

depositor.

(k) The person who files a petition for

judicial review of an order under

section 408(d)(5) or (e) of the Act shall

pay the costs of preparing the record on

which the order is based unless the

person has no financial interest in the

petition for judicial review.

(l) No fee under this section will be

imposed on the Inter-Regional Research

Project Number 4 (IR-4 Program).

(m) The Administrator may waive or

refund part or all of any fee imposed by

this section if the Administrator

determines in his or her sole discretion

that such a waiver or refund will

promote the public interest or that

payment of the fee would work an

unreasonable hardship on the person on

whom the fee is imposed. A request for

waiver or refund of a fee shall be

submitted in writing to the

Environmental Protection Agency,

Office of Pesticide Programs,

Registration Division (7505C),

Washington, DC 20460. A fee of $1,550

shall accompany every request for a

waiver or refund, except that the fee

under this sentence shall not be

imposed on any person who has no

financial interest in any action

requested by such person under

paragraphs (a) through (k) of this

section. The fee for requesting a waiver

or refund shall be refunded if the

request is granted.

(n) All deposits and fees required by

the regulations in this part shall be paid

by money order, bank draft, or certified

check drawn to the order of the

Environmental Protection Agency. All

deposits and fees shall be forwarded to

the Environmental Protection Agency,

Headquarters Accounting Operations

Branch, Office of Pesticide Programs

(Tolerance Fees), P.O. Box 360277M,

Pittsburgh, PA 15251. The payments

should be specifically labeled

‘‘Tolerance Petition Fees’’ and should be

accompanied only by a copy of the letter

or petition requesting the tolerance. The

actual letter or petition, along with

supporting data, shall be forwarded

within 30 days of payment to the

Environmental Protection Agency,

Office of Pesticide Programs,

Registration Division, (7504C)

Washington, DC 20460. A petition will

not be accepted for processing until the

required fees have been submitted. A

petition for which a waiver of fees has

been requested will not be accepted for

processing until the fee has been waived
19852 Federal Register / Vol. 61, No. 87 / Friday, May 3, 1996 / Rules and Regulations

or, if the waiver has been denied, the

proper fee is submitted after notice of

denial. A request for waiver or refund

will not be accepted after scientific

review has begun on a petition.

(o) This fee schedule will be changed

annually by the same percentage as the

percent change in the Federal General

Schedule (GS) pay scale. In addition,

processing costs and fees will

periodically be reviewed and changes

will be made to the schedule as

necessary. 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 30 days or more after

publication, as specified in the rule.

When changes are made based on

periodic reviews, the changes will be

subject to public comment.

[FR Doc. 96–10918 Filed 5–2–96; 8:45 am]

BILLING CODE 6560–50–F

40 CFR Part 180

[PP 4F4406/R2222; FRL–5358–5]

RIN 2070–AB78

Tefluthrin; Renewal of Time-limited

Tolerances

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This rule establishes a

tolerance for the combined residues of

the pyrethroid tefluthrin and its

metabolites in or on the raw agricultural

commodity (RAC) corn, fresh (including

sweet K + CWHR) at 0.06 parts per

million (ppm), and corn, forage and

fodder, sweet at 0.06 ppm and renews

time-limited tolerances for tefluthrin on

the RAC’s corn, grain, field, and pop;

corn forage and fodder, field and pop.

These regulations to establish maximum

permissible levels for residues of the

chemical and renew tolerances were

requested in a petition submitted by

Zeneca Ag Products.

EFFECTIVE DATE: This regulation

becomes effective May 3, 1996.

ADDRESSES: Written objections and

hearing requests, identified by the

document control number, [PP 4F4406/

R2222], may be submitted to: Hearing

Clerk (A–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.

An electronic copy of objections and

hearing requests filed with the Hearing

Clerk may be submitted to OPP by

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

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 electronic objections and

hearing requests will also be accepted

on disks in WordPerfect 5.1 file format

or ASCII file format. All copies of

electronic objections and hearing

requests must be identified by the

docket number [PP 4F4406/R2222] . No

Confidential Business Information (CBI)

should be submitted through e-mail.

Copies of electronic 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: George T. LaRocca, Product

Manager (PM) 13, Registration Division

(7505C), Office of Pesticide Programs,

Environmental Protection Agency, 401

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

Office location and telephone number:

Rm. 200, CM#2, 1921 Jefferson Davis

Highway, Arlington, VA 22202 (703)

305-6100; e-mail:

larocca.george@epamail.epa.gov.

SUPPLEMENTARY INFORMATION: EPA

issued a notice published in the Federal

Register of February 8, 1995 (60 FR

7540)(FRL-4926-4), which announced

that Zeneca Ag Products had submitted

pesticide petition (PP) 4F4406 to EPA

requesting that the Administrator,

pursuant to section 408(d) of the Federal

Food, Drug, and Cosmetic Act (FFDCA),

21 U.S.C. 346a(d ), establish a tolerance

for the combined residues of the

insecticide tefluthrin (2,3,5,6-tetrafluro4-methylphenyl)methyl-(1 alpha, 3

alpha)-(Z)-( ±)-3(2-chloro-3,3,3-trifluoro1-propenyl)-2,2-

dimethylcyclopropanecarboxylate) and

its metabolite (Z)-3-(2-chloro-3,3,3-

trifluroro-1-propenyl)-2,2-

dimethylcyclopropanecarboxylic acid,

in or on the raw agricultural commodity

corn, fresh (including sweet K + CWHR)

at 0.06 ppm, and corn, forage and

fodder, sweet at 0.06 parts per million

(ppm).

No comments were received in

response to the notice of filing.

The scientific data submitted in the

petition and other relevant material

have been evaluated. The toxicological

and metabolism data considered in

support of the tolerance are discussed in

detail in related documents published

in the Federal Register of February 1,

1989 (54 FR 5080).

A dietary exposure/risk assessment

was performed for teflutrhin on sweet

corn using a Reference Dose (RfD) of

0.005 mg/kg/day, based on a noobserved-effect-level (NOEL) of 0.5 mg/

kg bwt/day from a 1– year dog feeding

study with an uncertainty factor of 100.

The endpoint of concern was increased

incidence of ataxia. The Theoretical

Maximum Residue Contribution

(TMRC) from established tolerances

utilizes 0.41% of the RfD for the U. S.

population or 0.69% of the RfD if the

new tolerance is granted. Established

tolerances utilize 1.06% of the RfD for

nonnursing infants less than 1 year old,

the subgroup with the highest estimated

exposure to tefluthrin residues or 1.71%

of the RfD if the new tolerance is

granted.

Generally speaking, EPA has no cause

for concern if total residue contribution

for published and final tolerances is less

than the RfD.

The nature of tefluthrin residue in

plants and animals for this corn use is

adequately understood. The residues of

concern is tefluthrin and its metabolite.

There is no reasonable expectation of

secondary residues in animal tissues

and milk from the use as delineated in

40 CFR 180.6(a)(3). An adequate

analytical method, gas liquid

chromatography with an electron

capture detector, is available for

enforcement purposes. The enforcement

methodology has been submitted to the

Food and Drug Administration, and is

published in the Pesticide Analytical

Manual Vol. II (PAM II).

In the Federal Register of September

30, 1994 (59 FR 49824) EPA amended

40 CFR 180.440 by extending to

November 15, 1995 tolerances of 0.06

ppm for residues of tefluthrin in or on

field and pop, corn grain including,

forage and fodder. The tolerances were

extedned to coincide with the extension

of the conditional registration of this

pesticide to allow time for EPA to

review data and complete an aquatic

risk assessment for use on field and pop

corn. The basis for the extension is

discussed in detail in the above Federal

Register notice. On November 14, 1995

EPA again amended the conditional