[Federal Register Volume 60, Number 100 (Wednesday, May 24, 1995)]
[Rules and Regulations]
[Pages 27417-27419]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12744]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180

[PP 0E3909, 2E4052, 2E4065, 2E4092, and 3E4162/R2128; FRL-4950-3]
RIN 2070-AB78


2-[1-(Ethoxyimino)Butyl]-5-[2-(Ethylthio)Propyl]-3-Hydroxy-2-
Cyclohexen-1-One; Pesticide Tolerances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This document establishes time-limited tolerances for the 
combined residues of the herbicide 2-[1-(ethoxyimino)butyl]-5-[2-
(ethylthio)propyl]-3-hydroxy-2-cyclohexen-1-one (also referred to in 
this document as sethoxydim) and its metabolites in or on various raw 
agricultural commodities. The Interregional Research Project No. 4 (IR-
4) requested this regulation to establish maximum permissible levels 
for residues of the herbicide. These time-limited tolerances expire on 
December 31, 1996.

EFFECTIVE DATE: This regulation becomes effective May 24, 1995.

ADDRESSES: Written objections and hearing requests, identified by the 
document control number, [PP 0E3909, 2E4052, 2E4065, 2E4092, and 
3E4162/R2128], 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 may also be submitted 
electronically by sending electronic mail (e-mail) to: opp-
[email protected]. Copies of electronic objections and hearing 
request 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 in 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 0E3909, 2E4052, 2E4065, 2E4092, and 3E4162/R2128]. No Confidential 
Business Information (CBI) should be submitted through e-mail. Copies 
of electronic 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), 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 March 15, 1995 
(60 FR 13939), EPA issued a proposed rule that gave notice that the 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) 0E3909, 2E4052, 2E4065, 
2E4092, and 3E4162 to EPA on behalf of various 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 180.412 by establishing time-limited 
tolerances for combined residues of the herbicide 2-[1-
(ethoxyimino)butyl]-5-[2-(ethylthio)propyl]-3-hydroxy-2-cyclohexen-1-
one and its metabolites containing the 2-cyclohexen-1-one moiety 
(calculated as the herbicide) in or on various raw agricultural 
commodities.
    There were no comments or requests for referral to an advisory 
committee received in response to the proposed rule.
    The data submitted on the proposal and other relevant material have 
been evaluated and discussed in the proposed rule. Based on the data 
and information considered, the Agency [[Page 27418]] concludes that 
the time-limited tolerances will protect the public health. Therefore, 
the time-limited 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 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).
    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).
     A record has been established for this rulemaking under docket 
number [PP 0E3909, 2E4052, 2E4065, 2E4092, and 3E4162/R2128] (including 
any 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.
    A copy of electronic objections and hearing requests filed with the 
Hearing Clerk can be sent directly to EPA at:
    opp-D[email protected]


    A copy of electronic objections and hearing requests filed with the 
Hearing Clerk 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 objections 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.

List of Subjects in 40 CFR Part 180

    Environmental protection, Administrative practice and procedure, 
Agricultural commodities, Pesticides and pests, Reporting and 
recordkeeping requirements.

    Dated: May 10, 1995.

Peter Caulkins,
Acting 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. 180.412, by revising the section heading and the 
introductory text of paragraphs (a) and (b) and by adding new 
paragraphs (c) and (d), to read as follows:


Sec. 180.412 2-[1-(Ethoxyimino)butyl]-5-[2-(ethylthio)propyl]-3-
hydroxy-2-cyclohexen-1-one; tolerances for residues.

    (a) Tolerances are established for combined residues of the 
herbicide 2-[1-(ethoxyimino)butyl]-5-[2-(ethylthio)propyl]-3-hydroxy-2-
cyclohexen-1-one and its metabolites containing the 2-cyclohexen-1-one 
moiety (calculated as the herbicide) in or on the following raw 
agricultural commodities:
* * * * *
    (b) Tolerances with regional registration, as defined in 
Sec. 180.1(n), are established for the combined residues of the 
herbicide 2-[1-(ethoxyimino)butyl]-5-[2-(ethylthio)propyl]-3-hydroxy-2-
cyclohexen-1-one) and its metabolites containing the 2-cyclohexen-1-one 
moiety (calculated as the herbicide) in or on the following raw 
agricultural commodities:
* * * * *
    (c) Time-limited tolerances to expire on December 31, 1996, are 
established for combined residues of the herbicide 2-[1-
(ethoxyimino)butyl]-5-[2-(ethylthio)propyl]-3-hydroxy-2-cyclohexen-1-
one and its metabolites containing the 2-cyclohexen-1-one moiety 
(calculated as the herbicide) in or on the following raw agricultural 
commodities:

------------------------------------------------------------------------
                                                              Parts per 
                         Commodity                             million  
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Asparagus..................................................          4.0
Carrot.....................................................          1.0
Cranberry..................................................          2.0
Peppermint.................................................         30.0
Spearmint..................................................         30.0
                                                                        
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    (d) Time-limited tolerances to expire on December 31, 1996, are 
established for combined residues of the herbicide [[Page 27419]] 2-[1-
(ethoxyimino)butyl]-5-[2-(ethylthio)propyl]-3-hydroxy-2-cyclohexen-1-
one and its metabolites containing the 2-cyclohexen-1-one moiety 
(calculated as the herbicide) in or on the following raw agricultural 
commodities:

------------------------------------------------------------------------
                                                              Parts per 
                         Commodity                             million  
------------------------------------------------------------------------
                                                                        
Endive.....................................................          2.0
                                                                        
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[FR Doc. 95-12744 Filed 5-23-95; 8:45 am]
BILLING CODE 6560-50-F