[Federal Register Volume 60, Number 104 (Wednesday, May 31, 1995)]
[Rules and Regulations]
[Pages 28347-28348]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-13248]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180

[PP 2E4051/R2136; FRL-4955-5]
RIN 2070-AB78


Difenoconazole; Pesticide Tolerances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This document establishes import tolerances for residues of 
the fungicide difenoconazole in or on the raw agricultural commodities 
barley grain, rye grain, and wheat grain at 0.1 part per million (ppm); 
fat, meat, and meat byproducts of cattle, goats, hogs, horses, poultry, 
and sheep and eggs at 0.05 ppm; and milk at 0.01 ppm. Ciba-Geigy Corp. 
requested this regulation pursuant to the Federal Food, Drug and 
Cosmetic Act (FFDCA). The regulation establishes the maximum 
permissible level for residues of the fungicide in or on the 
commodities.

EFFECTIVE DATE: This regulation becomes effective May 31, 1995.

ADDRESSES: Written objections and hearing requests, identified by the 
document control number, [PP 2E4051/R2136], 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 filed with the Hearing 
Clerk may also be submitted electronically by sending electronic mail 
(e-mail) to: [email protected]. Copies of objections and 
hearing requests 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 
2E4051/R2136]. No Confidential Business Information (CBI) should be 
submitted through e-mail. Electronic copies of 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: James Stone, Acting Product 
Manager (PM) 22, Registration Division (7505C), Environmental 
Protection Agency, 401 M St., SW., Washington, DC 20460. Office 
location and telephone number: Rm. 259, 1921 Jefferson Davis Hwy., 
Arlington, VA 22202, (703)-305-7391; e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION: In the Federal Register of April 12, 1995 
(60 FR 18555), EPA issued a proposed rule that gave notice that Ciba-
Geigy Corp., P.O. Box 18300, Greensboro, NC 27419-8300, had petitioned 
EPA under section 408 of the FFDCA, 21 U.S.C. 346a, to establish import 
tolerances under 40 CFR 180.475 for residues of the fungicide 
difenoconazole, [(2S,4R)/(2R,4S)]/[(2R,4R/2S,4S)] 1-(2-[4-(4-
chlorophenoxy)-2-chlorophenyl]-4-methyl-1,3-dioxolan-2-yl-methyl)-1H-
1,2,4-triazole, in or on the raw agricultural commodities (RACs) barley 
grain, rye grain, and wheat grain at 0.1 ppm; fat, meat, and meat 
byproducts (mbyp) of cattle, goats, hogs, horses, poultry, and sheep 
and eggs at 0.04 ppm; and milk at 0.01 ppm.
    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 [[Page 28348]] 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).
     A record has been established for this rulemaking under docket 
number [PP 2E4051/R2136] (including any objections and hearing requests 
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 hearing requests, identified by the document 
control number [PP 2E4051/R2136], 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 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 and hearing requests 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 objections and hearing requests 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: May 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. 180.475, by adding new paragraph (c), to read as 
follows:


Sec. 180.475  Difenoconazole; tolerances for residues.

*        *        *        *        *
    (c) Tolerances are established for difenoconazole, [(2S,4R)/
(2R,4S)]/[(2R,4R/2S,4S)] 1-(2-[4-(4-chlorophenoxy)-2-chlorophenyl]-4-
methyl-1,3-dioxolan-2-yl-methyl)-1H-1,2,4-triazole, in or on the 
following raw agricultural commodities:

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                                                              Parts per 
                         Commodity                             million  
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Barley, grain\1\...........................................          0.1
Cattle, fat................................................         0.05
Cattle, meat...............................................         0.05
Cattle, mbyp...............................................         0.05
Eggs.......................................................         0.05
Goats, fat.................................................         0.05
Goats, meat................................................         0.05
Goats, mbyp................................................         0.05
Hogs, fat..................................................         0.05
Hogs, meat.................................................         0.05
Hogs, mbyp.................................................         0.05
Horses, fat................................................         0.05
Horses, meat...............................................         0.05
Horses, mbyp...............................................         0.05
Milk.......................................................         0.01
Poultry, fat...............................................         0.05
Poultry, meat..............................................         0.05
Poultry, mbyp..............................................         0.05
Rye, grain\1\..............................................          0.1
Sheep, fat.................................................         0.05
Sheep, meat................................................         0.05
Sheep, mbyp................................................         0.05
Wheat, grain...............................................          0.1
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\1\There are no U.S. registrations as of April 12, 1995.                


[FR Doc. 95-13248 Filed 5-30-95; 8:45 am]
BILLING CODE 6560-50-F