[Federal Register Volume 60, Number 26 (Wednesday, February 8, 1995)]
[Rules and Regulations]
[Pages 7458-7459]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-2820]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180

[PP 8F3634/R1069; FRL-3734-9]
RIN 2070-AB78


Propionic Acid; Exemptions from the Requirement of a Tolerance

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This rule establishes exemptions from the requirement of a 
tolerance for residues of propionic acid when used as a fungicide in 
postharvest application in or on the following raw agricultural 
commodities (RACs): cottonseed, peanuts, rice grain, and soybeans. 
Stop-Shock, Inc., requested these exemptions.

EFFECTIVE DATE: This regulation becomes effective February 8, 1995.

ADDRESSES: Written objections and hearing requests, identified by the 
document control number [PP 8F3634/R1069], may be submitted to: Hearing 
Clerk (1900), 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 
document control number and should also be submitted to: Public 
Response and Program Resources Branch, Field Operations Division 
(7605C), Office of Pesticide Programs, Environmental Protection Agency, 
401 M St., SW., Washington, DC 20460. In person, deliver objections and 
hearing requests filed with the Hearing Clerk to: Rm. 1132, Crystal 
Mall #2, 1921 Jefferson Davis Hwy., Arlington, VA. 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.

FOR FURTHER INFORMATION CONTACT: By mail: Cynthia Giles-Parker, Product 
Manager (PM) 22, Registration Division (7505C), Environmental 
Protection Agency, 401 M St., SW., Washington, DC 20460. Office 
location and telephone number: Rm. 227, CM #2, 1921 Jefferson Davis 
Highway, Arlington, VA 22202, (703-305-5540).
SUPPLEMENTARY INFORMATION: In the Federal Register of February 14, 1990 
(55 FR 5229), EPA issued a proposed exemption from the requirement of a 
tolerance under 40 CFR 180.1023 for residues of propionic acid in or on 
the following raw agricultural commodities: cotonseed, peanuts, rice 
grain, and soybeans.
    No public comments or requests for referral to an advisory 
committee were received in response to the notice of proposed 
rulemaking.
    The data submitted in the petition and other relevant material have 
been evaluated and discussed in the proposed rule. Propionic acid is to 
be applied without dilution and immediately after harvest by use of 
low-pressure nozzles to achieve uniform coverage as the commodity 
passes by the spraying applicator. The purpose of the postharvest 
application is to prevent fungal growth in and on the freshly harvested 
commodity.
    Therefore, based on the information considered by the Agency and 
discussed in detail in the proposed rule, and that [[Page 7459]] the 
exemptions from the requirement of a tolerance for residues of 
propionic acid in or on cottonseed, peanuts, rice grain, and soybeans 
would protect the public health, the Agency is establishing the 
exemptions 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 and/or a request for a hearing with the Hearing 
Clerk, at the address given above (40 CFR 178.20). A copy of the 
objections and 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 each such issue, 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 a 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).
    Under Executive Order 12866 (58 FR 51735, Oct. 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 Regulatory Flexibility Act (Pub. L. 96-354, 94 
Stat. 1164, 5 U.S.C. 601 et seq.), 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: January 30, 1995.

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. Section 180.1023 is revised, to read as follows:


Sec. 180.1023   Propionic acid; exemptions from the requirement of a 
tolerance.

    (a) Postharvest application of propionic acid or a mixture of 
methylene bispropionate and oxy(bismethylene) bisproprionate when used 
as a fungicide is exempted from the requirement of a tolerance for 
residues in or on the following raw agricultural commodities: Alfalfa, 
barley grain, Bermuda grass, bluegrass, brome grass, clover, corn 
grain, cowpea hay, fescue, lespedeza, lupines, oat grain, orchard 
grass, peanut hay, peavine hay, rye grass, sorghum grain, soybean hay, 
sudan grass, timothy, vetch, and wheat grain.
    (b) Propionic acid is exempt from the requirement of a tolerance 
for residues in or on meat and meat byproducts of cattle, sheep, hogs, 
goats, horses, and poultry, milk, and eggs when applied as a 
bactericide/fungicide to livestock drinking water, poultry litter, and 
storage areas for silage and grain.
    (c) Postharvest application of propionic acid when used as a 
fungicide is exempted from the requirement of a tolerance for residues 
in or on the following raw agricultural commodities: Cottonseed, 
peanuts, rice grain, and soybeans.

[FR Doc. 95-2820 Filed 2-7-95; 8:45 am]
BILLING CODE 6560-50-F