[Federal Register Volume 60, Number 85 (Wednesday, May 3, 1995)]
[Rules and Regulations]
[Pages 21733-21734]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10866]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180

[PP 0E3882 and PP 4E4286/R2115; FRL-4941-5]
RIN 2070-AB78


Metolachlor; Pesticide Tolerances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This document establishes tolerances for the combined residues 
of the herbicide metolachlor and its metabolites in or on the raw 
agricultural commodities celery and dry bulb onion. The Interregional 
Research Project No. 4 (IR-4) requested this regulation to establish 
maximum permissible levels for residues of the herbicide in or on the 
commodities.

EFFECTIVE DATE: This regulation becomes effective on May 3, 1995.

ADDRESSES: Written objections and requests for hearings, identified by 
the document control number, [PP 0E3882 and PP 4E4286/R2115], 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 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 requests for hearings to: Rm. 1132, CM #2, 1921 
Jefferson Davis Hwy., Arlington, VA 22202. Fees accompanying objections 
and requests for hearings 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 objections and requests for hearings filed with the 
Hearing Clerk may also be submitted electronically by sending 
electronic mail (e-mail) to: [email protected]. Copies of 
objections and requests for hearings must be submitted as an ASCII file 
avoiding the use of special characters and any form of encryption. 
Copies of objections and requests for hearings will also be accepted on 
disks in WordPerfect in 5.1 file format or ASCII file format. All 
copies of objections and requests for hearings in electronic form must 
be identified by the docket number [PP 0E3882 and PP 4E4286/R2115]. No 
Confidential Business Information (CBI) should be submitted through e-
mail. Electronic copies of objections and requests for hearings 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), 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 Hwy., Arlington, VA 22202, (703)-308-8783; e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION: In the Federal Register of February 15, 1995 
(60 FR 8613), EPA issued a proposed rule that gave notice that the 
Interregional Research Project No. 4 (IR-4), New Jersey Agricultural 
Experiment Station, P.O. Box 231, Rutgers University, New Brunswick, NJ 
08903, had submitted pesticide petitions (PP) 0E3882 and PP 4E4286 to 
EPA on behalf of the named Agricultural Experiment Stations. These 
petitions requested 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 180.368 by establishing tolerances for combined residues 
(free and bound) of the herbicide metolachlor, [2-chloro-N-(2-ethyl-6-
methlyphenyl)-N-(2-methoxy-1-methylethyl)acetamide], and its 
metabolites, determined as the derivatives, 2-[(2-ethyl-6-
methylphenyl)amino]-1-propanol, and 4-(2-ethyl-6-methylphenyl)-2-
hydroxy-5-methyl-3-morpholinone, each expressed as the parent compound, 
in or on certain raw agricultural commodities as follows:
    1. PP 0E3882. Petition submitted on behalf of the Experiment 
Stations of California, Florida, and Texas proposing a tolerance for 
celery at 0.1 part per million (ppm).
    2. PP 4E4286 Petition submitted on behalf of the Experiment 
Stations of Arkansas, Michigan, New Jersey, New York, Oklahoma, and 
Texas proposing a tolerance for dry bulb onion at 1.0 ppm. The 
petitioner proposed that use of metolachlor on dry bulb onion be 
limited to onion production areas east of the Rocky Mountains 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 
tolerances will protect the public health. Therefore, the tolerances 
are 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 and/or request a hearing 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 
[[Page 21734]] 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 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).
     A record has been established for this rulemaking under docket 
number [PP 0E3882 and PP 4E4286/R2115] (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.
    Written objections and requests for hearings, identified by the 
document control number [PP 0E3882 and PP 4E4286/R2115], may be 
submitted to the Hearing Clerk (1900), Environmental Protection Agency, 
Rm. 3708, 401 M St., SW., Washington, DC 20460.
    A copy of electronic objections and requests for hearings can be 
sent directly to EPA at:
    opp-D[email protected]


    A copy of electronic objections and requests for hearings 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 requests for hearings 
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, Oct. 4, 1993), the Agency 
must determine whether the regulatory action is ``significant'' and 
therefore subject to review by the Office of Management and Budget 
(OMB) and the requirements of the Executive Order. 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 of recipients 
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 the 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 
(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 18, 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. In Sec. 180.368, paragraph (a) is amended by adding and 
alphabetically inserting the entry for celery, and paragraph (c) is 
amended by adding and alphabetically inserting the entry for onion (dry 
bulb), to read as follows:


Sec. 180.368   Metolachlor; tolerances for residues.

    (a) *  *  *

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                                                              Parts per 
                         Commodity                             million  
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                  *        *        *        *        *                 
Celery.....................................................          0.1
                                                                        
                  *        *        *        *        *                 
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* * * * *
    (c) *  *  *

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                                                              Parts per 
                         Commodity                             million  
------------------------------------------------------------------------
                                                                        
Onion, dry bulb............................................          1.0
                                                                        
                  *        *        *        *        *                 
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[FR Doc. 95-10866 Filed 5-2-95; 8:45 am]
BILLING CODE 6560-50-F