[Federal Register Volume 60, Number 128 (Wednesday, July 5, 1995)]
[Rules and Regulations]
[Pages 34869-34871]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-16430]



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40 CFR Part 180

[OPP-300385A; FRL-4963-8]
RIN 2070-AB78


Potassium Oleate, Oxytetracycline, and S-Ethyl 
Diisobutylthiocarbamate; Tolerance Actions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA on its own inititative is revising 40 CFR 180.232, 
180.337, and 180.1068 to change some chemical expressions, increase 
certain tolerances, revise certain commodity definitions, and delete 
certain terms. For each of the pesticides subject to this rule, EPA has 
completed the reregistration process and issued a Reregistration 
Eligibility Document. These actions are taken as a result of EPA's 
reregistration process involving these chemicals.
EFFECTIVE DATE: This regulation becomes effective July 5, 1995.

ADDRESSES: Written objections and hearing requests, identified by the 
document control number, [OPP-300385A], may be submitted to: Hearing 
Clerk (1900), Environmental Protection Agency, Rm. M3708, 401 M St., 
SW., Washington, DC 20460. 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. 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 
[OPP-300385A]. 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: Ben Chambliss, Special Review 
and Reregistration Division (7508W), Environmental Protection Agency, 
401 M St., SW., Washington, DC 20460. Office location and telephone 
number: Special Review Branch, Crystal Station #1, 3rd Floor, 2800 
Crystal Drive, 

[[Page 34870]]
Arlington, VA 22202, (703)-308-8174; e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION: In the Federal Register of April 19, 1995 
(60 FR 19556), EPA issued a propose rule in which it stated that for 
each of the pesticides subject to the actions listed in the proposed 
rule, EPA had completed the reregistration process and issued a 
Reregistration Eligibility Document (RED). In the reregistration 
process, all continued registrations were reviewed for adequacy and, 
when needed, supplemented with new scientific studies. Based on the RED 
tolerance assessments for the pesticide chemicals subject to this rule, 
EPA is taking the following actions: deleting the term ``potassium 
oleate'' from the tolerance exemption for C12-C18 fatty acid 
potassium salts (40 CFR 180.1068); increasing a tolerance for 
oxytetracycline on peaches (40 CFR 180.337); and changing the chemical 
name of ``S-ethyl diisobutylthiocarbamate'' (40 CFR 180.232) to the 
common name ``butylate'', deleting certain terms from the section, and 
changing commodity definitions in the section.
    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 
amendments will protect the public health. Therefore, the amendments 
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 to the regulation and may also request a hearing on 
those objections. Objections and hearing requests must be filed 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 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 [OPP-300385A] (including 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 [OPP-300385A], 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, 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.
    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: June 27, 1995.
Lois A. Rossi,
Director, Special Review and Reregistration 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 180.232 is revised to read as follows:


Sec. 180.232   Butylate; tolerances for residues.

    Tolerances are established for the herbicide butylate in or on the 
raw agricultural commodities corn, field, grain; corn, pop, grain; 
corn, sweet 

[[Page 34871]]
(kernels, plus cob with husk removed); corn, field, fodder; corn, 
field, forage; corn, pop, forage; and corn, sweet, forage at 0.1 part 
per million.
    3. Section 180.337 is revised to read as follows:


Sec. 180.337   Oxytetracycline; tolerance for residues.

    Tolerances are established for residues of the pesticide 
oxytetracycline in or on the following raw agricultural commodities:

------------------------------------------------------------------------
                                                              Parts per 
                         Commodity                             million  
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Peaches....................................................         0.35
Pears......................................................         0.35
                                                                        
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    4. Section 180.1068 is revised to read as follows:


Sec. 180.1068   C12-C18 fatty acid potassium salts; exemption 
from the requirement of a tolerance.

    C12-C18 fatty acids (saturated and unsaturated) potassium 
salts are exempted from the requirement of a tolerance for residues in 
or on all raw agricultural commodities when used in accordance with 
good agricultural practice.
[FR Doc. 95-16430 Filed 7-3-95; 8:45 am]
BILLING CODE 6560-50-F