Federal Register / Vol. 61, No. 125 / Thursday, June 27, 1996 / Proposed Rules 33469

Include the ICR number in any

correspondence. Since OMB is required

to make a decision concerning the ICR

between 30 and 60 days after June 27,

1996, a comment to OMB is best assured

of having its full effect if OMB receives

it by July 29, 1996. The final rule will

respond to any OMB or public

comments on the information collection

requirements contained in this proposal.

XII. Unfunded Mandates Reform Act

Title II of the Unfunded Mandates

Reform Act of 1995 (UMRA), P.L. 104–

4, establishes requirements for Federal

agencies to assess the effects of their

regulatory actions on State, local, and

tribal governments and the private

sector. Under section 202 of the UMRA,

EPA generally must prepare a written

statement, including a cost-benefit

analysis, for proposed and final rules

with ‘‘Federal mandates’’ that may

result in expenditures to state, local,

and tribal governments, in the aggregate,

or to the private sector, of $100 million

or more for any one year. Before

promulgating an EPA rule for which a

written statement is needed, section 205

of the UMRA generally requires EPA to

identify and consider a reasonable

number of regulatory alternatives and

adopt the least costly, most cost

effective, or least burdensome

alternative that achieves the objectives

of the rule. The provisions of section

205 do not apply when they are

inconsistent with applicable law.

Moreover, section 205 allows EPA to

adopt an alternative other than the least

costly, most cost effective, or least

burdensome alternative if the

Administrator publishes with the final

rule an explanation of why that

alternative was not adopted. Before EPA

establishes any regulatory requirements

that may significantly or uniquely affect

small governments, including tribal

governments, it must have developed

under section 203 of the UMRA a small

government agency plan. The plan must

provide for notifying potentially

affected small governments, enabling

officials of affected small governments

to have meaningful and timely input in

the development of EPA regulatory

proposals with significant federal

intergovernmental mandates, and

informing, educating, and advising

small governments on compliance with

the regulatory requirements.

Today’s rule contains no Federal

mandates (under the regulatory

provisions of Title II of the UMRA) for

State, local, or tribal governments. The

rule imposes no enforceable duties on

any of these governmental entities.

Nothing in the proposed program would

significantly or uniquely affect small

governments. EPA has determined that

this rule contains federal mandates that

may result in expenditures of $100

million or more in any one year for the

private sector. EPA believes that the

proposed program represents the least

costly, most cost-effective approach to

achieving the air quality goals of the

proposed rule. EPA has performed the

required analyses under Executive

Order 12866 which contains identical

analytical requirements. The reader is

directed to section IX, Administrative

Designation and Regulatory Analysis,

for further information regarding these

analyses.

XIII. Copies of Rulemaking Documents

The preamble, draft regulatory

language and draft Regulatory Impact

Analysis (RIA) are available in the

public docket as described under

ADDRESSES above and is also available

electronically on the Technology

Transfer Network (TTN), which is an

electronic bulletin board system (BBS)

operated by EPA’s Office of Air Quality

Planning and Standards and via the

internet. The service is free of charge,

except for the cost of the phone call.

A. Technology Transfer Network (TTN)

Users are able to access and download

TTN files on their first call using a

personal computer and modem per the

following information.

TTN BBS: 919–541–5742 (1200–14400

bps, no parity, 8 data bits, 1 stop bit)

Voice Helpline: 919–541–5384

Also accessible via Internet: TELNET

ttnbbs.rtpnc.epa.gov Off-line:

Mondays from 8:00 AM to 12:00 Noon

ET

A user who has not called TTN

previously will first be required to

answer some basic informational

questions for registration purposes.

After completing the registration

process, proceed through the following

menu choices from the Top Menu to

access information on this rulemaking.

<T> GATEWAY TO TTN TECHNICAL

AREAS (Bulletin Boards)

<M> OMS—Mobile Sources Information

<K> Rulemaking & Reporting

<5> Heavy-duty/Diesel

<1> File area #1...Heavy-duty Truck and

Bus Standards

At this point, the system will list all

available files in the chosen category in

reverse chronological order with brief

descriptions. To download a file, select

a transfer protocol that is supported by

the terminal software on your own

computer, then set your own software to

receive the file using that same protocol.

If unfamiliar with handling

compressed (i.e. ZIP’ed) files, go to the

TTN top menu, System Utilities

(Command: 1) for information and the

necessary program to download in order

to unZIP the files of interest after

downloading to your computer. After

getting the files you want onto your

computer, you can quit the TTN BBS

with the <G>oodbye command.

Please note that due to differences

between the software used to develop

the document and the software into

which the document may be

downloaded, changes in format, page

length, etc. may occur.

B. Internet

Rulemaking documents may be found

on the internet as follow:

World Wide Web

http://www.epa.gov/omswww

FTP

ftp://ftp.epa.gov Then CD to the /pub/

gopher/OMS/ directory

Gopher

gopher://gopher.epa.gov:70/11/Offices/

Air/OMS

Alternatively, go to the main EPA

gopher, and follow the menus:

gopher.epa.gov

EPA Offices and Regions

Office of Air and Radiation

Office of Mobile Sources

List of Subjects in 40 CFR Part 86

Environmental protection,

Administrative practice and procedure,

Air pollution control, Motor vehicles,

Motor vehicles pollution, Reporting and

recordkeeping requirements, Research.

Dated: June 19, 1996.

Carol M. Browner,

Administrator.

[FR Doc. 96–16330 Filed 6–26–96; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Parts 180, 185 and 186

[OPP–300433; FRL–5380–9]

RIN 2070–AC18

Glyphosate; Proposed Revision of

Tolerances

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: EPA has completed the

reregistration process and issued a

Reregistration Eligibility Decision

document (RED) for the herbicide

glyphosate (N-phosphonomethyl

glycine). In the reregistration process,

all information to support a pesticide’s

continued registration is reviewed for
33470 Federal Register / Vol. 61, No. 125 / Thursday, June 27, 1996 / Proposed Rules

adequacy and, when needed,

supplemented with new scientific

studies. Based on the RED tolerance

assessments for glyphosate and

subsequent comments, EPA is proposing

to revise food and feed tolerances, food

additive regulations and feed additive

regulations. In addition, this document

proposes to revise the tolerance

expression for residues of glyphosate for

all glyphosate food and feed tolerances,

food additive regulations and feed

additive regulations.

DATES: Written comments, identified by

the docket control number OPP–300433,

must be received on or before August

26, 1996.

ADDRESSES: By mail, submit comments

to Public Response and Program

Resources Branch, Field Operations

Division (7506C), Office of Pesticide

Programs, 401 M St., SW., Washington,

DC 20460. In person, deliver comments

to Rm. 1132, Crystal Mall #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

OPP–300433. 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 in the

SUPPLEMENTARY INFORMATION

section of this document.

FOR FURTHER INFORMATION CONTACT: By

mail: Paul Parsons, Special Review and

Reregistration Division (7508W),

Environmental Protection Agency, 401

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

Office location, telephone number, and

e-mail address: Special Review Branch,

Crystal Station #1, 3rd floor, 2800

Crystal Drive, Arlington, VA. Telephone

(703) 308–8037, e-mail:

parsons.paul@epamail.epa.gov.

SUPPLEMENTARY INFORMATION

I. Legal Authorization

The Federal Food, Drug, and Cosmetic

Act (FFDCA) [21 U.S.C. 301 et seq.]

authorizes the establishment of

tolerances (maximum legal residue

levels) and exemptions from the

requirement of a tolerance for residues

of pesticide chemicals in or on raw

agricultural commodities pursuant to

section 408 [21 U.S.C. 346(a)]. Without

such tolerances or exemptions, a food

containing pesticide residues is

considered to be ‘‘adulterated’’ under

section 402 of the FFDCA, and hence

may not legally be moved in interstate

commerce [21 U.S.C. 342]. To establish

a tolerance or an exemption under

section 408 of the FFDCA, EPA must

make a finding that the promulgation of

the rule would ‘‘protect the public

health’’ [21 U.S.C. 346a(b)]. To establish

food additive regulations (FARs) to

cover pesticide residues in processed

foods under section 409 of FFDCA, EPA

must determine that the proposed use of

the food additive will be safe (21 U.S.C.

348). For a pesticide to be sold,

distributed, and used in the production

of food crops, animals, or processed

food, the pesticide must not only have

appropriate tolerances or FARs under

the FFDCA, but also must be registered

under the Federal Insecticide,

Fungicide, and Rodenticide Act (FIFRA,

7 U.S.C. 136 et seq.).

In 1988, Congress amended the

Federal Insecticide, Fungicide and

Rodenticide Act (FIFRA) and required

EPA to review and reassess the potential

hazards arising from currently registered

uses of pesticides registered prior to

November 1, 1984. As part of this

process, the Agency must determine

whether a pesticide is eligible for

reregistration and if any subsequent

actions are required to fully attain

reregistration status. EPA has chosen to

include in the reregistration process a

reassessment of existing tolerances or

exemptions from the need for a

tolerance. Through this reassessment

process, EPA can determine whether a

tolerance must be amended, revoked, or

established, or whether an exemption

from the requirement of one or more

tolerances must be amended or is

necessary.

The procedure for establishing,

amending, or repealing tolerances or

exemptions from the requirement of

tolerances is set forth in the Code of

Federal Regulations at 40 CFR part 177

through 180. The Administrator of EPA

or any person may initiate an action

proposing to establish, amend, revoke,

or exempt a tolerance for a pesticide

registered for food uses. Each petition or

request for a new tolerance, an

amendment to an existing tolerance, or

a new exemption from the requirement

of a tolerance must be accompanied by

a fee or a request for a waiver of such

fee. Current Agency policy on tolerance

actions arising from the reregistration

process is to administratively process

some actions without requiring payment

of a fee; this waiver of fees applies to

revisions or revocations of established

tolerances, and to proposed exemptions

from the requirement of a tolerance if

the proposed exemption requires the

concurrent revocation of an established

tolerance. Comments submitted in

response to the Agency’s published

proposals are reviewed; the Agency then

publishes its final determination

regarding the specific tolerance actions.

II. Regulatory Background and

Proposed Actions

A. Regulatory Background

The tolerance proposals described in

this action follow the Agency’s

tolerance reassessment that was

completed and included in the

Reregistration Eligibility Decision (RED)

for glyphosate dated September 1993.

While the reassessment determined that

many tolerances established for

glyphosate are adequate and supported

by sufficient data, many changes are

needed to other glyphosate tolerances

for various reasons, including:

increasing or decreasing existing

tolerances based on new data,

harmonizing with CODEX when

appropriate, and revising commodity

terminology, Crop Group designations,

and definitions that are not in

accordance with the revised Crop Group

Regulation (40 CFR part 180, 60 FR

26626, May 17, 1995; FRL–4939–9) or

with the final 860 Series Residue

Chemistry Guidelines (860.1000)

published as public drafts on August 25,

1995 (60 FR 44343) (formerly Table II of

Subdivision O, Residue Chemistry, of

the Pesticide Assessment Guidelines).

Also, this notice will correct any errors

in the RED tolerance reassessment.

Several maximum residue limits

(MRLs) for glyphosate have been

established by the Codex Committee on

Pesticide Residues, a committee within

the Codex Alimentarius Commission, an

international organization formed to

promote the coordination of

international food standards. When the

Agency has sufficient data to make a

determination that the risk is not

unreasonable, EPA seeks to harmonize

U.S. tolerances with CODEX MRLs.

CODEX regulates glyphosate per se

while the United States regulates the

combined residues of glyphosate and its

metabolite aminomethylphosphonic

acid (AMPA). The Agency has

determined that AMPA no longer needs

to be regulated and therefore is

proposing to delete it from the tolerance

expression. Based on this

determination, the expression of the

U.S. tolerances and the CODEX MRLs

will be the same.

This document also takes into account

final tolerance actions taken subsequent
Federal Register / Vol. 61, No. 125 / Thursday, June 27, 1996 / Proposed Rules 33471

to the RED. The first of these actions

was establishment of a tolerance of 25

ppm on almond, hulls, 1 ppm on the

tree nuts crop group, 5 ppm on wheat,

grain, 85 ppm on wheat, straw, and 20

ppm on wheat milling fractions (except

flour) on July 7, 1993 (58 FR 36358).

Wheat milling fractions have

subsequently been renamed wheat bran,

middlings, and shorts.

The second group of actions was

published in the Federal Register April

5, 1996 (61 FR 15192; FRL–5351–1).

That final rule established or amended

tolerances for alfalfa and soybeans and

their associated commodities,

sunflowers, animal kidneys, and citrus

fruit and associated commodities,

revoked the tolerance for soybean straw,

and deleted AMPA from the tolerance

expression for all tolerances affected by

the notice. This document proposes to

include the tolerance for alfalfa forage

and alfalfa hay in the tolerance for the

non-grass animal feeds group, forage

and hay.

This document amends 40 CFR

180.364, 185.3500, and 186.3500.

B. Proposed Actions

1. AMPA. The food and feed

tolerances currently listed in 40 CFR

180.364(a), (b), and (c), and the food

additive and feed additive regulations

listed in 40 CFR 185.3500 and in 40 CFR

186.3500 are for the combined residues

of glyphosate and its metabolite (AMPA)

resulting from the application of

glyphosate and its salts for herbicidal or

plant growth regulation purposes. Upon

receipt and review of additional

toxicological data, EPA has determined

that AMPA is no longer of toxicological

concern. EPA bases this conclusion on

a 90–day feeding study in rats (EPA

MRID #241351) which shows the very

low toxicity of AMPA. Therefore, there

is no need to monitor levels of AMPA

residue and EPA is proposing to delete

this compound from the tolerance

expression in 40 CFR 180.364(a), (b),

and (c), 185.3500 and in 186.3500.

The tolerances currently listed in

§ 180.364(d), which were established

after the issuance of the RED in

September 1993, do not include AMPA

in the tolerance expression. Therefore,

the tolerances now in § 180.364(d) are

proposed to be incorporated in

§ 180.364(a), and § 180.364(d) will be

deleted.

2. Negligible residue terminology.

Some tolerances currently listed under

40 CFR 180.364(a) are described as

being negligible residues, denoted ‘‘N.’’

The Agency no longer uses negligible

residue terminology, and so this notice

proposes to delete references to

negligible residues. These deletions do

not change the numerical value of the

tolerances. The current tolerances

affected by this proposed change are

grain crops (except wheat); grasses,

forage; leafy vegetables; seed and pod

vegetables; seed and pod vegetables,

forage; and seed and pod vegetables,

hay.

3. Revisions to tolerances and food

and feed additive regulations. The RED

identified the need to revise or revoke

tolerances and food or feed additive

regulations for glyphosate. These

proposed actions are based on new data

which indicate that a change is needed

in the tolerance or food and feed

additive regulations. When possible,

EPA has sought to harmonize tolerances

and food and feed additive regulations

with CODEX MRLs.

The dietary risk resulting from the

changes proposed in the RED do not

result in an unreasonable risk. The

Agency estimates chronic dietary risks

for noncancer endpoints by comparing

dietary exposure to the Reference Dose

(RfD). The RfD is an estimate of the

daily oral exposure to humans over a

lifetime that is not expected to result in

adverse health effects. The RfD is based

on the determination of a critical effect

from a review of all toxicity data and a

judgment of uncertainty. In the case of

glyphosate, the RfD is 2 mg/kg body

weight/day, based on a no-observed

effect level (NOEL) of 175 mg/kg

bodyweight/day from a developmental

toxicity study in rabbits, and an

uncertainty factor of 100 to account for

extrapolation from animal data to

humans and variability in the human

population. Using conservative

assumptions, glyphosate residues

represent 1.4 percent of the RfD.

The following sections describe the

proposed substantive changes in the

glyphosate tolerances and food and feed

additive regulations.

a. Food and feed tolerances: 40 CFR

180.364(a). i. Commodity name

changes. EPA has changed the name of

the commodity acerola to Barbados

cherry, and the name of the commodity

genip to marmaladebox.

ii. Cotton forage. EPA proposes to

revoke the tolerance for cotton hay and

cotton forage since these are no longer

used as livestock feed items.

iii. Forage grasses. In accordance with

the revised Crop Group Regulation (40

CFR part 180) (60 FR 26626, May 17,

1995), the grass forage, fodder, and hay

group now includes all of the forage

grasses for which tolerances have been

established. EPA proposes to replace the

established tolerances for forage grasses

(0.2 ppm); grasses, forage (0.2 ppm);

Bahiagrass; Bermudagrass; bluegrass;

bromegrass; fescue; orchardgrass;

ryegrass; timothy; and wheatgrass (all

currently set at 200 ppm), with a

tolerance for residues in or on the grass

forage, fodder, and hay group at 100

ppm. The available field data indicate

that following registered use, residues in

or on the grass forage, fodder, and hay

group are greater than 0.2 ppm but will

not exceed 100 ppm, so the higher

tolerance level of 200 ppm is

unnecessary.

iv. Kiwifruit. EPA proposes to

decrease the tolerance for kiwifruit from

0.2 ppm to 0.1 ppm. The Agency has reexamined field data to support this

tolerance, and its reconsideration shows

that this value will be appropriate and

will harmonize with the Codex

Maximum Residue Levels (MRLs).

v. Okra. Okra was included in the

now-obsolete seed and pod vegetables

crop group, which has been replaced by

‘‘legume vegetables (succulent or dried)

group.’’ This new group does not

include okra. Therefore, EPA proposes

to establish a tolerance for okra at the

same level as before, 0.2 ppm.

vi. Root vegetables. The Monsanto

Company, sole technical registrant of

glyphosate, noted that all of the

representative commodities (carrot,

potato, radish, and sugar beet) for the

Root and Tuber Vegetables Crop Group

have established tolerances at 0.2 ppm.

Therefore, EPA proposes to establish a

tolerance of 0.2 ppm for this Crop

Group. The listings for individual

commodities in this crop group

(Jerusalem artichoke, garden beet,

chicory root, carrot, horseradish,

parsnip, potato, radish, rutabaga, salsify,

sugar beet, sweet potato, turnip, and

true yam), do not need to be listed

separately in § 180.364(a), and so will be

deleted.

vii. Sapote. Sapote has been a general

term for a number of different tropical

fruits. EPA proposes to replace the

tolerance for sapote at 0.2 ppm with

separate tolerances for black sapote and

white sapote, already established at 0.2

ppm, and mamey sapote, also at 0.2

ppm.

viii. Small fruits and berries. EPA

proposes to establish separate tolerances

for strawberries, cranberries and grapes

at 0.2 ppm. All three commodities were

members of the former small fruits and

berries group, which has been revised to

no longer include them.

ix. Seed and pod vegetables; legume

crops. EPA proposes to replace the

existing tolerances for alfalfa (200 ppm),

alfalfa fresh and hay (0.2 ppm), clover

(200 ppm), and forage legumes (except

soybeans and peanuts) (0.4 ppm) with a

tolerance of 200 ppm for residues in or

on the non-grass animal feeds (forage,

fodder, straw, and hay) group, which

now includes these commodities. In
33472 Federal Register / Vol. 61, No. 125 / Thursday, June 27, 1996 / Proposed Rules

establishing this group tolerance, EPA

has considered field data to show that

this value is appropriate. EPA also

proposes to include the tolerance for

alfalfa forage (75 ppm) and alfalfa hay

(200 ppm), published in the Federal

Register April 5, 1996 (61 FR 15192) in

the non-grass animal feeds group, forage

and hay (200 ppm) and to delete the

individual tolerances for alfalfa forage

and alfalfa hay.

EPA proposes to replace the

established crop group tolerances for the

now-obsolete crop group ‘‘seed and pod

vegetables’’ with ‘‘legume vegetables

(succulent or dried) group (except

soybeans),’’ and to increase these

tolerances from 0.2 ppm to 5 ppm. The

Agency has considered field data to

show that this value is appropriate and

will harmonize with the Codex MRLs.

Soybeans are excluded from the legume

vegetable crop group because the use

pattern for soybeans is different from

other legume vegetables, resulting in

higher residues. Notice of a final rule

revising tolerances for soybeans and

associated commodities was published

in the Federal Register April 5, 1996 (61

FR 15192).

b. Food and feed tolerances: 40 CFR

180.364(b). EPA proposes to revoke the

tolerance for peanut, hulls (shells) since

these are no longer used as a livestock

feed item.

EPA proposes to increase the U.S.

tolerance for cattle, liver from 0.5 ppm

to 2.0 ppm; and to increase the U.S.

tolerance for hogs, liver from 0.5 ppm to

1.0 ppm. The Agency has considered

livestock residue data to show that these

values are appropriate, and will

harmonize with the Codex MRLs.

c. Food and feed tolerances: 40 CFR

180.364(c). EPA proposes to establish a

tolerance for okra at 0.1 ppm. Okra is a

nonleguminous member of the nowobsolete seed and pod vegetables crop

group, which has been replaced by

‘‘legume vegetables (succulent or dried)

group.’’ This new group does not

include okra. There are no other

changes to these tolerances except in

crop terminology.

d. Food and feed tolerances: 40 CFR

180.364(d). There are no other changes

to these tolerances except in crop

terminology.

e. Food additive regulations: 40 CFR

185.3500. There are no changes to these

food additive regulations except in crop

terminology.

f. Feed additive regulations: 40 CFR

186.3500. EPA proposes to revoke the

tolerance for citrus, molasses, since this

is no longer used as a livestock feed

item. There are no other changes to

these feed additive regulations except in

crop terminology.

4. Revising commodity definitions.

Many current glyphosate tolerances and

food or feed additive regulations

include commodity terminology, crop

group designations or definitions that

are not in accordance with the revised

Crop Group Regulation (40 CFR Part

180, 60 FR 26626, May 17, 1995) or with

the final 860 Series Residue Chemistry

Guidelines (860.1000) published as

public drafts on August 25, 1995 (60 FR

44343) (formerly Table II of Subdivision

O, Residue Chemistry, of the Pesticide

Assessment Guidelines). These changes

in commodity terminology do not

involve any change in the numerical

value of the tolerance or food or feed

additive regulation. The proposed

amendments at the end of this

document list these changes in

commodity terminology.

5. Corrections to the RED. The RED

indicated that there were no registered

glyphosate products for use on many

minor crops, mostly subtropical fruits

and vegetables, for which there are

established tolerances in § 180.364(a).

Therefore, the RED noted that these

tolerances should be revoked. However,

the Agency has discovered that these

uses are listed on current glyphosate

labels, and so will not propose to revoke

the associated tolerances.

The RED also indicated that the

tolerances for cranberries and grapes in

§ 180.364(a) should be revoked, since

these commodities would be included

under the small fruits and berries group.

On August 25, 1993, the Agency

proposed to revise this crop grouping to

exclude cranberries and grapes (58 FR

44990). This action would, in effect,

leave cranberries and grapes with no

established tolerances, so the EPA will

not propose to revoke these established

tolerances.

The RED also indicated that the

tolerance for instant tea in § 185.3500

should be revoked, since this

commodity was not listed in Table II of

Subdivision O, Residue Chemistry, of

the Pesticide Assessment Guidelines.

However, the most recent update of

Table II, from September 1995, does

include instant tea as a processed

commodity, so the tolerance will be

retained at 1.0 ppm.

III. Comments Received in Response to

RED Regarding Tolerances

The Monsanto Company made several

comments in response to the RED

tolerance reassessment. Monsanto

commented on inconsistencies in the

RED document and provided new

information or clarifications regarding

proposals in the RED tolerance

reassessment. In most cases the Agency

agreed with Monsanto and the Agency’s

decision is reflected in this proposal.

IV. Public Comment Procedures

Interested persons are invited to

submit written comments, information,

or data in response to this proposed

rule. Comments must be submitted by

August 26, 1996.

Information submitted as a comment

concerning this document may be

claimed confidential by marking any 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 a 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.

A record has been established for this

proposal under docket number OPP–

300433 (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 Rm. 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 proposal,

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 comments 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.

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
Federal Register / Vol. 61, No. 125 / Thursday, June 27, 1996 / Proposed Rules 33473

publication of this proposed rule in the

Federal Register that this rulemaking

proposal be referred to an Advisory

Committee in accordance with section

408(e) of the FFDCA.

To satisfy requirements for analysis

specified by Executive Order 12866 and

the Regulatory Flexibilitys Act, EPA has

considered impacts of this proposal, and

determined that they will be negligible.

V. References

The following reference was used in

the preparation of this final rule.

U.S. Environmental Protection Agency.

Reregistration Eligibility Document (RED)

Glyphosate Case 0178. September 1993.

VI. Regulatory Assessment

Requirements

To satisfy requirements for analysis

specified by Executive Order 12866, the

Regulatory Flexibility Act, the

Paperwork Reduction Act, and the

Unfunded Mandates Reform Act, EPA

has analyzed the impacts of this

proposal.

A. Executive Order 12866

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.

B. Regulatory Flexibility Act

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).

C. Paperwork Reduction Act

This proposed regulatory action does

not contain any information collection

requirements subject to review by OMB

under the Paperwork Reduction Act of

1980, 44 U.S.C. 3501 et seq.

D. Unfunded Mandates Reform Act

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

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: June 20, 1996.

Lois Rossi,

Director, Special Review and Reregistration

Division, Office of Pesticide Programs.

Therefore, 40 CFR, Chapter I, parts

180, 185 and 186 are proposed to be

amended as follows:

PART 180—[AMENDED]

1. In Part 180:

a. The authority citation for part 180

continues to read as follows:

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

b. Section 180.364 is revised to read

as follows:

§ 180.364 Glyphosate, tolerances for

residues.

(a) Tolerances are established for the

residues of glyphosate (Nphosphonomethyl glycine) per se

resulting from application of the

isopropylamine salt of glyphosate and/

or the monoammonium salt of

glyphosate in or on the following

agricultural commodities:

Commodity Parts per

million

Almond, hulls ............................ 25

Asparagus ................................. 0.5

Atemoya .................................... 0.2

Avocado .................................... 0.2

Banana ...................................... 0.2

Barbados cherry ....................... 0.2

Berries group ............................ 0.2

Brassica (Cole) leafy vegetables group ............................. 0.2

Breadfruit .................................. 0.2

Bulb vegetables (Allium spp.)

group ..................................... 0.2

Cacao bean .............................. 0.2

Canistel ..................................... 0.2

Carambola ................................ 0.2

Cereal grains group (except

wheat) .................................... 0.1

Cherimoya ................................. 0.2

Citrus fruits group ..................... 0.5

Coconut ..................................... 0.1

Coffee bean, green ................... 1.0

Cotton, undelinted seed ............ 15

Cranberry .................................. 0.2

Cucurbit vegetables group ........ 0.2

Date .......................................... 0.2

Fig ............................................. 0.2

Foliage of legume vegetables

group (except soybean forage and hay) ......................... 0.2

Forage, fodder, and straw of

cereal grains group (except

wheat straw) .......................... 0.2

Fruiting vegetables (except

Cucurbits) group .................... 0.1

Grape ........................................ 0.2

Grass forage, fodder, and hay

group ..................................... 100

Guava ....................................... 0.2

Jaboticaba ................................. 0.2

Jackfruit ..................................... 0.2

Kiwifruit ..................................... 0.1

Leafy vegetables (except Brassica vegetables) group .......... 0.2

Leaves of root and tuber vegetables (human food or animal

feed) group ............................ 0.2

Legume vegetables (succulent

or dried) group (except soybean) ..................................... 5

Longan ...................................... 0.2

Lychee ...................................... 0.2

Mamey sapote .......................... 0.2

Mango ....................................... 0.2

Marmaladebox .......................... 0.2

Non-grass animal feeds (forage

and hay) group ...................... 200

Okra .......................................... 0.2

Olive .......................................... 0.2

Papaya ...................................... 0.2

Passion fruit .............................. 0.2

Peanut, hay ............................... 0.5

Persimmon ................................ 0.2

Pineapple .................................. 0.1

Pistachio ................................... 0.2

Pome fruits group ..................... 0.2

Pomegranate ............................ 0.2

Root and tuber vegetables ....... 0.2

Sapodilla ................................... 0.2
33474 Federal Register / Vol. 61, No. 125 / Thursday, June 27, 1996 / Proposed Rules

Commodity Parts per

million

Sapote, black ............................ 0.2

Sapote, white ............................ 0.2

Soursop ..................................... 0.2

Soybean, seed .......................... 20

Soybean, forage ....................... 100

Soybean, hay ............................ 200

Soybean, aspirated grain fractions ....................................... 50

Stone fruits group ..................... 0.2

Strawberry ................................. 0.2

Sugar apple .............................. 0.2

Sunflower, seed ........................ 0.1

Tamarind ................................... 0.2

Tree nuts group ........................ 1.0

Wheat, grain ............................. 5.0

Wheat, straw ............................. 85

(b) Tolerances are established for the

residues of glyphosate (Nphosphonomethyl glycine) per se

resulting from application of the

isopropylamine salt of glyphosate and/

or the monoammonium salt of

glyphosate for herbicidal and plant

growth regulator purposes and/or the

sodium sesqui salt for plant regulator

purposes in or on the following

agricultural commodities:

Commodity Parts per

million

Cattle, kidney ............................ 4.0

Cattle, liver ................................ 2.0

Fish ........................................... 0.25

Goat, kidney .............................. 4.0

Goat, liver ................................. 0.5

Hog, kidney ............................... 4.0

Hog, liver ................................... 1.0

Horse, kidney ............................ 4.0

Horse, liver ................................ 0.5

Peanut ....................................... 0.1

Peanut, hay ............................... 0.5

Poultry, kidney .......................... 0.5

Poultry, liver .............................. 0.5

Sheep, kidney ........................... 4.0

Sheep, liver ............................... 0.5

Shellfish .................................... 3.0

Sugarcane ................................. 2.0

(c) Tolerances are established for the

residues of glyphosate (Nphosphonomethyl glycine) per se

resulting from the use of irrigation water

containing residues of 0.5 ppm

following applications on or around

aquatic sites on the following

agricultural commodities. Where

tolerances are established at higher

levels from other uses of glyphosate in

or on the subject crops, the higher

tolerance should also apply to residues

from the aquatic uses cited in this

paragraph.

Commodity Parts per

million

Avocado .................................... 0.1

Commodity Parts per

million

Brassica (Cole) leafy vegetables group ............................. 0.1

Bulb vegetables (Allium spp.)

group ..................................... 0.1

Cereal grains group .................. 0.1

Citrus fruits group ..................... 0.1

Cotton, undelinted seed ............ 0.1

Cucurbit vegetables group ........ 0.1

Foliage of legume vegetables

group ..................................... 0.1

Forage, fodder, and straw of

cereal grains group ............... 0.1

Fruiting vegetables (except

Cucurbits) group .................... 0.1

Grass forage, fodder, and hay

group ..................................... 0.1

Hops .......................................... 0.1

Leafy vegetables (except Brassica vegetables) group .......... 0.1

Leaves of root and tuber vegetables (human food or animal

feed) group ............................ 0.1

Legume vegetables (succulent

or dried) group ...................... 0.1

Non-grass animal feeds (forage, fodder, straw, and hay)

group ..................................... 0.1

Okra .......................................... 0.1

Pome fruits group ..................... 0.1

Root and tuber vegetables

group ..................................... 0.1

Stone fruits group ..................... 0.1

Tree nuts group ........................ 0.1

PART 185—[AMENDED]

2. In Part 185:

a. The authority citation for part 185

continues to read as follows:

Authority: 21 U.S.C. 346a and 348.

b. Section 185.3500 is revised to read:

§ 185.3500 Glyphosate.

(a) Food additive regulations are

established for the residues of

glyphosate (N-phosphonomethyl

glycine) per se when present therein as

a result of the herbicide application to

the growing crops:

(1) Glyphosate (N-phosphonomethyl

glycine) per se resulting from the

application of the isopropylamine salt of

glyphosate for herbicidal purposes and/

or the sodium sesqui salt for plant

growth regulator purposes.

Commodity Parts per

million

Sugarcane, molasses ............... 30.0

(2) Glyphosate (N-phosphonomethyl

glycine) per se resulting from the

application of the isopropylamine salt of

glyphosate for herbicidal purposes.

Commodity Parts per

million

Olive .......................................... 0.1

Commodity Parts per

million

Palm, oil, refined ....................... 0.1

Tea, dried .................................. 1.0

Tea, instant ............................... 7.0

(3) Glyphosate (N-phosphonomethyl

glycine) per se resulting from the

application of the isopropylamine salt of

glyphosate or the monoammonium salt

of glyphosate for herbicidal purposes.

Commodity Parts per

million

Wheat bran, middlings, and

shorts ..................................... 20.0

(b) [Reserved]

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. Section 186.3500 is revised to read:

§ 186.3500 Glyphosate.

A feed additive regulation is

established permitting residues of

glyphosate per se (N-phosphonomethyl

glycine) in or on the following feed

commodities from application of the

isopropylamine salt of glyphosate and/

or the monoammonium salt of

glyphosate to the raw agricultural

commodities citrus and soybeans:

Commodity Parts per

million

Citrus, pulp, dried ..................... 1.5

Soybean, hulls .......................... 100

[FR Doc. 96–16587 Filed 6–26–96; 8:45 am]

BILLING CODE 6560–50–F

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[MM Docket No. 96–120, FCC 96–236]

Grandfathered Short-Spaced FM

Stations

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule.

SUMMARY: This Notice of Proposed Rule

Making (NPRM) in MM Docket No. 96–

120 seeks comment regarding various

proposals to modify a current rule to

permit certain short-spaced stations to

make changes based on a showing that

no interference is caused or received, or