Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31039

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.

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 consideration as required by

Executive Order 12898 (59 FR 7629,

February 16, 1994).

Pursuant to the requirements of the

Regulatory Flexibility Act (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: June 4, 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. In § 180.1001 the table in paragraph

(c) and (e) is amended by adding

alphabetically the inert ingredient

‘‘Oxidized pine lignin, sodium salt,

(CAS Reg. No. 68201–23–0),’’ to read as

follows:

§ 180.1001 Exemptions from the

requirement of a tolerance.

* * * * *

(c) * * *

Inert ingredients Limits Uses

* * * * * * *

Oxidized pine lignin, sodium salt, (CAS Reg. No.

68201–23–0).

Maximum of 2% of formulation Surfactant, related adjuvant of surfactant

* * * * * * *

* * * * (e) * * *

Inert ingredients Limits Uses

* * * * * * *

Oxidized pine lignin, sodium salt (CAS Reg. No.

68201–23–0).

Maximum of 2% of formulation Surfactant, related adjuvant of surfactant

* * * * * * *

* * * * *

[FR Doc. 96–15476 Filed 6–18–96; 8:45 am]

BILLING CODE 6560–50–F

40 CFR Part 180

[PP 5E4434/R2246; FRL–5374–7]

RIN 2070–AB78

Aluminum Tris (O-ethylphosphonate);

Pesticide Tolerance For Use in or on

Blueberry

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This document establishes a

time-limited tolerance for residues of

the fungicide aluminum tris (Oethylphosphonate) (also referred to in

this document as fosetyl-Al) and its

metabolites in or on the raw agricultural

commodity blueberry. The Interregional

Research Project No. 4 (IR-4) requested

the regulation to establish a maximum

permissible level for residues of the

fungicide pursuant to the Federal Food,

Drug and Cosmetic Act (FFDCA).

EFFECTIVE DATE: This regulation

becomes effective June 19, 1996.

ADDRESSES: Written objections and

hearing requests, identified by the

document control number, [PP 5E4434/

R2246], 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 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

5E4434/R2246]. No Confidential

Business Information (CBI) should be

submitted through e-mail. Electronic

copies of objections and hearing
31040 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations

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: Hoyt L. Jamerson, Registration

Division (7505W), Environmental

Protection Agency, 401 M St., SW.,

Washington, DC 20460. Office location

and telephone number: Sixth Floor,

Crystal Station #1, 2800 Jefferson Davis

Highway, Arlington, VA 22202. (703)

308-8783; e-mail:

jamerson.hoyt@epamail.epa.gov.

SUPPLEMENTARY INFORMATION: In the

Federal Register of April 26, 1996 (61

FR 18534), EPA issued a proposed rule

(FRL–5363–3) that gave notice that the

Interregional Research Project No. 4 (IR4), New Jersey Agricultural Experiment

Station, P.O. Box 231, New Brunswick,

NJ 08903, had submitted pesticide

petition (PP) 5E4434 to EPA on behalf

of the Agricultural Experiment Stations

of Maine, Michigan, New Jersey, North

Carolina, and Oregon. This petition

requests that the Administrator,

pursuant to section 408(e) of the

FFDCA, 21 U.S.C. 346a(e) amend 40

CFR 180.415 by establishing a timelimited tolerance for residues of the

fungicide fosetyl-Al [aluminum tris (Oethylphosphonate)] in or on the raw

agricultural commodity blueberry at 40

part per million (ppm). There were no

comments or requests for referral to an

advisory committee received in

response to the proposed rule.

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 [PP

5E4434/R2246] (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.

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 ‘‘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.

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. l04–4), or

require prior consultation as specified

by Executive Order 12875 (58 FR 58093,

October 28, 1993), entitled Enhancing

the Intergovernmental Partnership, or

special consideration as required by

Executive Order 12898 (59 FR 7629,

February 16, 1994).

Pursuant to the requirements of the

Regulatory Flexibility Act (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 explaining the

factual basis for this determination 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: June 4, 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. In § 180.415, by adding a paragraph

(c), to read as follows:

§ 180.415 Aluminum tris (Oethylphosphonate); tolerances for residues.

* * * * *
Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31041

(c) Time-limited tolerances are

established for residues of the fungicide

aluminum tris (O-ethylphosphonate) in

or on the following raw agricultural

commodities:

Commodities

Parts

per

million

Expiration date

Blueberry ....................... 40 ...... December 31,

1998

[FR Doc. 96–15477 Filed 6–18–96; 8:45 am]

BILLING CODE 6560–50–F

40 CFR Part 180

[PP 5E4590/R2243; FRL–5373–5]

RIN 2070–AB78

Quizalofop Ethyl; Pesticide Tolerance

for Use on Pineapple

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This document establishes a

tolerance for the combined residues of

the herbicide quizalofop-p ethyl ester,

its acid metabolite quizalofop-p, and the

S enantiomers of both the ester and the

acid, all expressed as quizalofop-p ethyl

ester, in or on the raw agricultural

commodity pineapple. The Interregional

Research Project No. 4 (IR-4) requested

the regulation to establish a maximum

permissible level for residues of the

herbicide pursuant to the Federal Food,

Drug and Cosmetic Act (FFDCA).

EFFECTIVE DATE: This regulation

becomes effective June 19, 1996.

ADDRESSES: Written objections and

hearing requests, identified by the

docket number, [PP 5E4590/R2243],

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 docket 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 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

5E4590/R2243]. 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: Hoyt L. Jamerson, Registration

Division (7505W), Environmental

Protection Agency, 401 M St., SW.,

Washington, DC 20460. Office location

and telephone number: Sixth Floor,

Crystal Station #1, 2800 Jefferson Davis

Highway, Arlington, VA 22202, (703)

308–8783; e-mail:

jamerson.hoyt@epamail.epa.gov.

SUPPLEMENTARY INFORMATION: In the

Federal Register of April 26, 1996 (61

FR 18536), EPA issued a proposed rule

(FRL–5363–5) that gave notice that the

Interregional Research Project No. 4 (IR4), New Jersey Agricultural Experiment

Station, P.O. Box 231, New Brunswick,

NJ 08903, had submitted pesticide

petition (PP) 5E4590 to EPA on behalf

of the Hawaii Agricultural Experiment

Station. This petition requests that the

Administrator, pursuant to section

408(e) of the FFDCA, 21 U.S.C. 346a(e)

amend 40 CFR 180.441 by establishing

a tolerance for the combined residues of

the herbicide quizalofop-p ethyl ester

[ethyl (R)-(2-[4-((6-chloroquinoxalin-2-

yl)oxy)phenoxy] propionate], its acid

metabolite quizalofop-p [R-(2-(4-((6-

chloroquinoxalin-2-yl)oxy)phenoxy])

propanoic acid], and the S enantiomers

of the ester and the acid, all expressed

as quizalofop-p ethyl ester, in or on the

raw agricultural commodity pineapple

at 0.1 part per million (ppm). The

petitioner proposed that this use of

quizalofop ethyl be limited to Hawaii

based on the geographical

representation of the residue data

submitted. Additional residue data will

be required to expand the area of usage.

Persons seeking geographically broader

registration should contact the Agency’s

Registration Division at the address

provided above.

There were no comments or requests

for referral to an advisory committee

received in response to the proposed

rule.

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 [PP

5E4590/R2243] (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