Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Proposed Rules 31077

registration of this chemical. The

pesticide is considered useful for the

purpose for which the tolerance is

sought.

Based on the information and data

considered, the Agency has determined

that the tolerance established by

amending 40 CFR part 180 would

protect the public health. Therefore, it is

proposed that the tolerance be

established as set forth below.

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 any of the ingredients listed

herein, may request within 30 days after

publication of this notice in the Federal

Register that this rulemaking proposal

be referred to an Advisory Committee in

accordance with section 408(e) of the

FFDCA.

Interested persons are invited to

submit written comments on the

proposed regulation. Comments must

bear a notation indicating the docket

number [PP 6E4653/P665].

A record has been established for this

rulemaking under docket number [PP

6E4653/P665], (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 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 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 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 (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. 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 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 7, 1996.

Susan Lewis,

Acting Director, Registration Division, Office

of Pesticide Programs.

Therefore, it is proposed that 40 CFR

part 180 be 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 § 180.433, by designating the

existing text as paragraph (a) and by

adding a paragraph (b) to read as

follows:

§ 180.433 Sodium salt of fomesafen;

tolerances for residues.

(a) * * *

(b) Tolerances with regional

registration are established for residues

of the sodium salt of fomesafen, 5-[2-

chloro-4-(trifluoromethyl)phenoxy]-4-N-

(methylsulfonyl)-2-nitrobenzamide, in

or on the raw agricultural commodities,

as follows:

Commodities Parts per

million

Expiration date

Beans, snap .......... 0.05 December 31,

1998

[FR Doc. 96–15480 Filed 6–18–96; 8:45 am]

BILLING CODE 6560–50–F

40 CFR Part 180

[PP 1E4031/P666; FRL–5369–4]

RIN 2070–AB78

3-Dichloroacetyl-5-(2-furanyl)-2,2-

dimethyloxazolidine; Extension of

Temporary Tolerances

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: EPA proposes to extend the

time-limited tolerances for residues of

the inert ingredient (safener), 3-

dichloroacetyl-5-(2-furanyl)-2,2-

dimethyloxazolidine (CAS Reg. No.

121776–33–8) in or on corn from June

30, 1996 to June 30, 1998.

DATES: Comments, identified with the

docket number [PP 1E4031/P666] must

be received on or before July 5, 1996.

ADDRESSES: By mail, submit written

comments to: Public Response and

Program Resources Branch, Field

Operations Division (7506C), Office of

Pesticide Programs, Environmental
31078 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Proposed Rules

Protection Agency, 401 M St., SW,

Washington, DC 20460. In person, bring

comments to: Rm. 1132 CM #2, 1921

Jefferson Davis Highway, Arlington, VA

22202. 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

[PP 1E4031/P666]. No Confidential

Business Information (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.

Information submitted as a comment

concerning this notice 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 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

may be disclosed publicly by EPA

without prior notice. All written

comments will be available for public

inspection in Rm. 1132 at the address

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

Monday through Friday, excluding legal

holidays.

FOR FURTHER INFORMATION CONTACT: By

mail: Indira Gairola, Registration

Division (7505W), Office of Pesticide

Programs, Environmental Protection

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

DC 20460. Office location and telephone

number: sixth floor, Crystal Station #1

2800 Crystal Drive, Arlington, VA

22202, (703) 308–8371; e-mail:

gairola.indira@epamail.epa.gov.

SUPPLEMENTARY INFORMATION: EPA

issued a rule (FRL–4777–2), which was

published in the Federal Register of

May 10, 1994 (59 FR 24057),

announcing the establishment of

temporary tolerances for residues of 3-

dichloroacetyl-5-(2-furanyl)-2,2-

dimethyloxazolidine on corn. These

tolerances were issued in a response to

pesticide petition (PP 1E4031),

submitted by Monsanto Company Suite

1100, 700 14th Street NW., Washington,

DC. 20005.

In order to allow the Agency

sufficient time to complete its review of

additional chemical oncogencity data

submitted by the petitioner, EPA

proposes that the time-limited

tolerances for 3-dichloroacetyl-5-(2-

furanyl)-2,2-dimethyloxazolidine on

corn, which now expire on June 30,

1996 be extended to June 30, 1998.

The data considered in support of the

time-limited tolerance is discussed in

the final rule, which was published in

the Federal Register of May 10, 1994 (59

FR 24057).

Based on the information and data

considered. the Agency has determined

that the tolerance established by

amending 40 CFR part 180 would

protect the public health. Therefore, it is

proposed that the tolerance be

established as set forth below.

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 any of the ingredients listed

herein, may request within 30 days after

publication of this notice in the Federal

Register that this rulemaking proposal

be referred to an Advisory Committee in

accordance with section 408(e) of the

FFDCA.

Interested persons are invited to

submit written comments on the

proposed regulation. Comments must

bear a notation indicating the docket

number [PP 1E4031/P666].

A record has been established for this

rulemaking under docket number [PP

1E4031/P666] (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 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 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 (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 (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).

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).

List of Subjects in 40 CFR Part 180

Environmental protection,

Administrative practice and procedure,
Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Proposed Rules 31079

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:

1. The authority citation for part 180

continues to read as follows:

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

2. Section 180.471 is revised to read

as follows:

§ 180.471 3-Dichloroacetyl-5-(2-furanyl)-2,2-

dimethyloxazolidine; tolerances for

residues.

Time-limited tolerances are

established for residues of 3-

dichloroacetyl-5-(2-furanyl)-2,2-

dimethyloxazolidine (CAS Reg. No.

121776–33–8) when used as an inert

ingredient (safener) in pesticide

formulations in or on the following

agricultural commodities:

Commodity Parts per

million Expiration date

Corn, fodder (field) ....................................................................................................................................... 0.01 June 30, 1998

Corn, forage (field) ....................................................................................................................................... 0.01 June 30, 1998

Corn, grain (field) ......................................................................................................................................... 0.01 June 30, 1998

[FR Doc.96–15584 Filed 6–18–96; 8:45 am]

BILLING CODE 6560–50–F

40 CFR Part 180

[PP 6E4652/P664; FRL–5377–1]

RIN 2070–AC18

Quizalofop ethyl; Pesticide Tolerances

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: EPA proposes to establish

tolerances 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

commodities peppermint tops and

spearmint tops. The proposed regulation

to establish maximum permissible

levels for residues of the herbicide was

requested in a petition submitted by the

Interregional Research Project No. 4 (IR4).

DATES: Comments, identified by the

docket number [PP 6E4652/P664], must

be received on or before July 19, 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: Rm. 1132, CM #2, 1921

Jefferson Davis Highway, Arlington, VA

22202.

Comments and data may also be

submitted to OPP by sending electronic

mail (e-mail) to:

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. 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 [PP 6E4652/P664].

Electronic comments on this proposed

rule may be filed online at many Federal

Depository Libraries. Additional

information on electronic submissions

can be found in the

‘‘SUPPLEMENTARY INFORMATION’’

section of this document.

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). CBI should not be submitted

through e-mail. Information marked as

CBI will not be disclosed except in

accordance with procedures 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 may be disclosed publicly

by EPA without prior notice. All written

comments will be available for public

inspection in Rm. 1132 at the address

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

Monday through Friday, excluding legal

holidays.

FOR FURTHER INFORMATION CONTACT: By

mail: Hoyt L. Jamerson, Registration

Division (7505W), Office of Pesticide

Programs, 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; email: jamerson.hoyt@epamail.epa.gov.

SUPPLEMENTARY INFORMATION: The

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

Station, P.O. Box 231, Rutgers

University, New Brunswick, NJ 08903,

has submitted pesticide petition (PP)

6E4652 to EPA on behalf of the Oregon

Agricultural Experiment Station.

This petition requests that the

Administrator, pursuant to section

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

Cosmetic Act (FFDCA), 21 U.S.C.

346a(e), amend 40 CFR 180.441 by

establishing tolerances for the combined

residues of the herbicide quizalofop-p

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

chloroquinoxalin- 2-yl)oxy)phenoxyl]

propionate], its acid metabolite

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

chloroquinoxalin-2-yl)oxy)phenoxy])

propanoic acid], and the S enantiomers

of both the ester and the acid, all

expressed as quizalofop-p-ethyl ester, in

or on the raw agricultural commodities

peppermint tops and spearmint tops at

2 parts per million (ppm).

The scientific data submitted in the

petition and other relevant material

have been evaluated. The toxicological

data considered in support of the

proposed tolerances include:

1. Several acute toxicology studies

placing technical-grade quizalofop ethyl

in toxicity Category III.

2. An 18–month carcinogenicity study

with CD-1 mice fed diets containing 0,

2, 10, 80 and 320 ppm (equivalent to 0,

0.2, 1.5, 12, and 48 mg/kg/day) with no

carcinogenic effects observed under the

conditions of the study at levels up to

and including 80 ppm. There was an

elevated incidence of hepatocellular

adenomas and carcinomas combined in

CD-1 male mice at the 320 ppm dose

level, which exceeded the maximum

tolerated dose (MTD).

3. A 2–year chronic toxicity/

carcinogenicity study in rats fed diets

containing 0, 25, 100 and 400 ppm

(equivalent to 0, 0.9, 3.7, and 15.5 mg/

kg/day for males and 0, 1.1, 4.6, and

18.6 mg/kg/day for females) with no

carcinogenic effects observed under the

conditions of the study. The NOEL for

systemic toxicity is established at 25