19854 Federal Register / Vol. 61, No. 87 / Friday, May 3, 1996 / Rules and Regulations

Agricultural commodities, Pesticides

and pests, Reporting and recordkeeping

requirements.

Dated: April 4, 1996.

Susan Lewis,

Acting 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. By revising 180.440, and the table

therein to read as follows:

§ 180.440 Tefluthrin; tolerances for

residues.

Tolerances, to expire on November

15, 1997, are established for the

combined residues of the insecticide

tefluthrin (2,3,5,6-tetrafluro-4-

methylphenyl)methyl-(1-alpha, 3-

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

dimethylcyclopropanecarboxylate) and

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

trifluro-1-propenyl)-2,2-

dimethylcyclopropanecarboxylic acid

raw agricultural commodities:

Commodity Parts per

million

Corn, grain, field and pop ......... 0.06

Corn, forage and fodder, field,

pop and sweet ....................... 0.06

Corn, fresh (including sweet K

and CWHR) ........................... 0.06

[FR Doc. 96–10917 Filed 5–2–96; 8:45 am]

BILLING CODE 6560–50–F

40 CFR Part 180

[OPP–300410A; FRL–5359–5]

Xanthan Gum-Modified, Produced by

the Reaction of Xanthan Gum and

Glyoxal; Tolerance Exemption

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This document exempts

xanthan gum-modified, produced by the

reaction of xanthan gum and glyoxal

(maximum 0.3% by weight) from the

requirement of a tolerance when used as

a surfactant in pesticide formulations.

This regulation was requested by

Rhone-Poulenc, Inc., pursuant to the

Federal Food, Drug, and Cosmetic Act

(FFDCA).

EFFECTIVE DATE: This regulations

becomes effective on May 3, 1996.

ADDRESSES: Written objections and

hearing requests, identified by the

document control number, [OPP–

300410A], 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 [OPP–300410A]. 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: Amelia M. Acierto, Registration

Support Branch, Registration Division

(7505W), Office of Pesticide Programs,

Environmental Protection Agency, 401

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

Office location, telephone number, and

e-mail address: 2800 Crystal Drive,

North Tower, Arlington, VA, (703)–308–

8375, e-mail:

acierto.amelia@epamail.epa.gov.

SUPPLEMENTARY INFORMATION: In the

Federal Register of February 7, 1996 (61

FR 4621) (FRL–4994–4), EPA issued a

pesticide petition (PP) 2E04084 from

Rhone-Poulenc, Inc., CN 7500,

Cranbury, NJ 08512–7500, requesting

that the Administrator, pursuant to

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

and Cosmetic Act, 21 U.S.C. 346a(e),

propose to amend 40 CFR 180.1001(c)

by establishing an exemption from the

requirement of a tolerance for xanthan

gum, modified, produced by the

reaction of xanthan gum and glyoxal

(maximum 0.3% by weight) when used

as a surfactant in pesticide formulations

applied to growing crops or to raw

agricultural commodities after harvest.

There were no comments received in

response to the proposed rule.

Based upon a review of the data

submitted and a review of its use, EPA

has found that, when used in

accordance with good agricultural

practice, this ingredient is useful and a

tolerance is not necessary to protect the

public health. Therefore, EPA is

exempting xanthan gum-modified,

produced by the reaction of xanthum

gum and glyoxal (maximum 0.3% by

weight) from the requirement of a

tolerance 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).

EPA has established a record for this

rulemaking under docket number [OPP–

300410A] (including any comments and

data submitted electronically). A public
Federal Register / Vol. 61, No. 87 / Friday, May 3, 1996 / Rules and Regulations 19855

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.

The Office of Management and Budget

has exempted this rule from the

requirements of section 3 of Executive

Order 12866.

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 3, 1996.

Susan Lewis,

Acting 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 180.1001, paragraph (c), the

table is amended by adding

alphabetically inserting the inert

ingredient, to read as follows:

§ 180.1001 Exemptions from the

requirements of a tolerance.

* * * * *

(c) * * *

Ingredients Limits Uses

* * * * * * *

Xanthan gum-modified, produced by the reaction of

xanthan gum and glyoxal (maximum 0.3% by

weight).

Not more than 0.5% of pesticide formulation.Surfactant

* * * * * * *

[FR Doc. 96–10916 Filed 5–2–96; 8:45 am]

BILLING CODE 6560–50–F

40 CFR Part 180

[PP 5F4600/5H5733/R2233; FRL–5364–5]

RIN 2070–AB18

Imidacloprid; Pesticide Tolerance

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This rule establishes a

tolerance for residues of the insecticide

(1-[(6-chloro-3-pyridinyl)methyl]-Nnitro-2-imidazolidinimine) and its

metabolites in or on pome fruits. Bayer

Corporation (formerly Miles, Inc.)

requested this regulation to establish

these maximum permissible levels for

residues of the insecticide.

EFFECTIVE DATES: This regulation

became effective April 19, 1996.

ADDRESSES: Written objections and

hearing requests, identified by the

docket control number, [PP 5F4600/

5H5733/R2233], may be submitted to:

Hearing Clerk (A-110), 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 docket 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 Hearing Clerk may be

submitted to OPP by sending electronic

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

FOR FURTHER INFORMATION CONTACT: By

mail: Dennis H. Edwards, Jr., Product

Manager (PM) 19, 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. 207, CM #2, 1921

Jefferson Davis Highway, Arlington, VA,

(703) 305-6386; e-mail:

edwards.dennis@epamail.epa.gov.

SUPPLEMENTARY INFORMATION: EPA

issued a notice in the Federal Register

of November 15, 1995 (60 FR 57423),

which announced that Bayer

Corporation, 8400 Hawthorn Road, P.O.

Box 4913, Kansas City, MO 64120-0013,

had submitted pesticide petition

5F4600/5H5733 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 tolerances for residues

of the insecticide 1-[(6-chloro-3-

pyridinyl)methyl]-N-nitro-2-

imidazolidinimine in or on pome fruit

(fresh fruit) including apple, pear,

crabapple, loquat, mayhaw, pear