20780 Federal Register / Vol. 61, No. 90 / Wednesday, May 8, 1996 / Proposed Rules

SUPPLEMENTARY INFORMATION: For

additional information, see the direct

final rule published in the rules section

of today’s Federal Register.

List of Subjects in 40 CFR Parts 89 and

90

Administrative practice and

procedure, Air pollution control,

Confidential business information,

Environmental protection, Imports,

Incorporation by reference, Labeling,

Nonroad source pollution, Reporting

requirements.

Dated: May 2, 1996.

Carol M. Browner,

Administrator.

[FR Doc. 96–11476 Filed 5–7–96; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Parts 180, 185 and 186

[OPP–300423; FRL–5364–8]

RIN 2070–AC18

Avermectin B1, and its Delta-8,9-

Isomer; Proposed Renewal of TimeLimited Tolerances

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: This document proposes to

renew time-limited tolerances for the

residues of the insecticide avermectin

B1 and its delta-8,9-Isomer in or on

certain raw agricultural commodities.

This rule which would renew the

effective date for the time-limited

tolerances of this insecticide in or on

these commodities was requested by

Merck & Co., Inc., Merck Sharp and

Dohme Research Laboratories.

DATES: Comments identified by the

docket number, [OPP–300423], must be

received on or before June 7, 1996.

ADDRESSES: By mail, submit written

comments 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

comments to: Public Docket, Rm. 1132,

CM #2, 1921 Jefferson Davis Hwy.,

Arlington, VA 22202. Information

submitted as a comment concerning this

document may be claimed confidential

by marking any part or all of that

information as ‘‘Confidential Business

Information’’ (CBI). Information so

marked will not be disclosed except in

accordance with procedures as set forth

in 40 CFR part 2. A copy of the

comment that does not contain CBI

must be submitted for inclusion in the

public record. Information not marked

confidential will be included in the

public docket by EPA without prior

notice. The public docket is available

for public inspection in Rm. 1132 at the

above address, from 8 a.m. to 4:30 p.m.,

Monday through Friday, excluding legal

holidays.

Comments and data may also be

submitted electronically by sending

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

comments must be submitted as an

ASCII file avoiding the use of special

characters and any form of encryption.

Comments and data will also be

accepted on disks in WordPerfect 5.1

file format or ASCII file format. All

comments and data in electronic form

must be identified by the docket number

[OPP–300423]. No CBI should be

submitted through e-mail. Electronic

comments on this proposed 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, Registration

Division (7505C), Office of Pesticide

Programs, Environmental Protection

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

DC 20460. Office location and telephone

number: Rm. 202, CM #2, 1900 Jefferson

Davis Hwy., Arlington, VA 22202, (703)

305–5419; e-mail:

larocca.george@epamail.epa.gov.

SUPPLEMENTARY INFORMATION: The

Agency issued a conditional registration

for avermectin B1 for use on cotton on

May 22, 1989 with an expiration date of

March 31, 1992 (see the Federal

Register of August 27, 1989 (54 FR

35059)). This conditional registration

was subsequently amended on July 25,

1989 to include citrus (see the Federal

Register of August 2, 1989 (54 FR

31836)) and on April 1, 1992 the

expiration date for conditional

registration was extended to April 30,

1995. On May 1, 1995 the expiration

date for conditional registration was

again extended to November 15, 1996.

The registrations were made conditional

since certain data were lacking and

required by the Agency to allow it to

evaluate the effects of avermectin B1 on

fish and aquatic organisms. See the

Federal Register of August 23, 1989 (54

FR 35059) and August 3, 1994 (59 FR

39505) for the status of specific data

requirements. Because of the lack of

these data the tolerances on cotton and

citrus were made temporary until the

conditions of registration were fulfilled.

The Agency’s evaluation of the risk

reduction measures to assess aquatic

hazard and exposure from use of this

pesticide on cotton and citrus will not

be completed in time to establish a

permanent tolerance prior to the

expiration date (April 30, 1996) for the

time-limited tolerances. The Agency

therefore proposes that to be consistent

with the extensions issued for the

conditional registration (November 15,

1996) the time-limited tolerances for

cotton and citrus, meat, meat byproducts, milk and processed food/feed

commodities be renewed until

November 15, 1997. The Agency has

determined that renewing the tolerances

will protect the public health. Therefore

tolerances on cotton, citrus and other

affected commodities are proposed to be

renewed as set forth below.

The data submitted in support of

these tolerances and other relevant

material have been reviewed. The

toxicological and metabolism data and

analytical methods for enforcement

purposes considered in support of these

tolerances are discussed in detail in

related documents published in the

Federal Register of May 31, 1989 (54 FR

23209—cottonseed) and August 2, 1989

(54 FR 31836—citrus).

Residues remaining in or on the above

raw agricultural commodity after

expiration of these tolerances will not

be considered actionable if the pesticide

is legally applied during the term and in

accordance with the provisions of the

conditional registrations.

Any person who has registered or

submitted an application for registration

of a pesticide under the Federal

Insecticide, Fungicide, and Rodenticide

Act (FIFRA) as amended, which

contains the ingredient listed herein,

may request within 30 days after the

publication of this document in the

Federal Register that this rulemaking

proposal be referred to an Advisory

Committee in accordance with section

408(e) of the Federal Food, Drug, and

Cosmetic Act (FFDCA).

Interested persons are invited to

submit written comments on the

proposed rule. Comments must bear a

notation indicating the document

control number, [OPP–300423]. All

written comments filed in response to

this proposed rule will be available in

the Public Response and Program

Resources Branch at the above address

from 8 a.m. to 4:30 p.m., Monday

through Friday, except legal holidays.

A record has been established for this

rulemaking under docket number [OPP–

300423] (including comments and data

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
Federal Register / Vol. 61, No. 90 / Wednesday, May 8, 1996 / Proposed Rules 20781

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, CM

#2, 1921 Jefferson Davis Highway,

Arlington, VA.

Electronic comments can 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 all comments 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.

The Office of Management and Budget

has exempted this document from the

requirement of review pursuant to

Executive Order 12866. In addition, this

action does not impose any enforceable

duty, or contain any ‘‘unfunded

mandates’’ as described in Title II of the

Unfunded Mandates Reform Act of 1995

(Pub. L. 104–4), or require prior

consultation as specified by Executive

Order 12875 (58 FR 58093, October 28,

1993), entitled Enhancing the

Intergovernmental Partnership, or

special considerations as required by

Executive Order 12898 (59 FR 7629,

February 16, 1994).

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

40 CFR Part 180

Environmental protection,

Administrative practice and procedure,

Agricultural commodities, Pesticides

and pests, Reporting and recordkeeping

requirements.

40 CFR Part 185

Food additives, Pesticides and pest.

40 CFR Part 186

Animal feeds, Pesticides and pest.

Dated: April 26, 1996.

Peter Caulkins,

Acting Director, Registration Division, Office

of Pesticide Programs.

Therefore, it is proposed that 40 CFR

part 180 be amended as follows:

PART 180—[AMENDED]

. The authority citation for part 180

continues to read as follows:

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

2. In § 180.449, by revising paragraph

(a), to read as follows:

§ 180.449 Avermectin B1 and its deltal-8,9-

isomer; tolerances for residues.

(a) Tolerances are established for the

combined residues of the insecticide

avermectin B1 (a mixture of avermectins

containing greater that or equal to 80%

avermectin B1a (5-0-dimethyl

avermcetin A1a) and less than or equal

to 20% avermectin B1b (5-0-demethyl25-de(1-methylpropyl)-25-(1-

methylethyl) avermectin A1a)) and it

delta-8,9-isomer in or on the following

commodities:

Commodity Parts per

million

Expiration

Date

Cattle, fat ......... 0.015 November

15, 1997

Cattle, meat ..... 0.02 November

15, 1997

Cattle, mybp .... 0.02 November

15, 1997

Citrus, whole

fruit.

0.02 November

15, 1997

Cottonseed ...... 0.005 November

15, 1997

Hops, dried ...... 0.5 December

31, 1996

Milk .................. 0.005 November

15, 1997

* * * * *

PART 185—[AMENDED]

2. In Part 185:

a. The authority citation for Part 185

continues to read as follows:

Authority: 21 U.S.C. 348

b. Section 185.300 is revised to read

as follows:

§ 185.300 Avermectin B1 and its delta-8,9

isomer; tolerances for residues.

Tolerances to expire on November 15,

1997 are established for the combined

residues of theinsecticide avermectin B1

(a mixture of avermectins containing

greater that or equal to 80% avermectin

B1a(5-0-dimethyl avermcetin A1a) and

less than or equal to 20% avermectin

B1b(5-0-demethyl-25-de(1-

methylpropyl)-25-(1-

methylethyl)avermectin A1a)) and it

delta-8,9-isomer in or on the following

commodity:

Commodity Parts per

million

Citrus Oil ................................... 0.10

PART 186—[AMENDED]

3. In part 186:

a. The authority citation for part 186

continues to read as follows:

Authority: 21 U.S.C. 348.

b. In § 186.300 by revising paragraph

(a) to read as follows:

§ 186.300 Avermectin B1 and its delta-8,9-

isomer; tolerances for residues.

(a) Tolerances to expire on November

15, 1997 are established for the

combined residues of the insecticide

avermectin B1 (a mixture of avermectins

containing greater that or equal to 80%

avermectin B1a (5-0-dimethyl

avermcetin A1a) and less than or equal

to 20% avermectin B1b (5-0-demethyl25-de(1-methylpropyl)-25-(1-

methylethyl) avermectin A1a)) and it

delta-8,9-isomer in or on the following

commodity:

Commodity Parts per

million

Dried Citrus pulp ....................... 0.10

* * * *

*

[FR Doc. 96–11342 Filed 5–7–96; 8:45 am]

BILLING CODE 6560–50–F

40 CFR Parts 180 and 186

[PP 9F3739 FAP 1H5604/P654; FRL–5362–

6]

RIN 2070–AC18

Fluorine Compounds; Pesticide

Tolerance and Feed Additive

Regulation

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: EPA proposes to establish a

pesticide tolerance for residues of the

insecticidal fluorine compounds

cryolite and/or synthetic cryolite

(sodium aluminum fluoride) in or on