[Federal Register Volume 60, Number 237 (Monday, December 11, 1995)]
[Rules and Regulations]
[Pages 63437-63438]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-30115]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180

[OPP-300406; FRL-4989-6]
RIN 2070-AB78


Carbofuran; Tolerance Extension for Canola

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This rule extends a time-limited tolerance for residues of the 
insecticide 2,3-dihydro-2,2-dimethyl-7-benzofuranyl-N-methylcarbamate 
(common name ``carbofuran'') and its metabolites in or on canola at 1.0 
part per million (ppm) for an additional 1-year period, to February 22, 
1998. EPA is issuing this rule on its own initiative following a 
request from the U.S. Canola Association to allow the use of carbofuran 
on canola in the 1996 growing season.

EFFECTIVE DATE: This regulation becomes effective December 11, 1995.

ADDRESSES:  Written objections and hearing requests, identified by the 
document control number, [OPP-300406], 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 hearing 
requests to Rm. 1132, CM 1B2, 1921 Jefferson Davis Hwy., Arlington, VA 
22202. 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.
    An electronic copy of objections and hearing requests filed with 
the Hearing Clerk may be submitted to OPP by sending electronic mail 
(e-mail) to:
    [email protected]
    Copies of electronic objections and hearing requests must be 
submitted as an ASCII file avoiding the use of special characters and 
any form of encryption. Copies of electronic objections and hearing 
requests will also be accepted on disks in WordPerfect 5.1 file format 
or ASCII file format. All copies of electronic objections and hearing 
requests must be identified by the docket number [OPP-300406] . 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: Dennis H. Edwards, Jr., 
Product Manager (PM) 19, Registration Division (7505C), Office of 
Pesticide Programs, Environmental Protection Agency, 401 M St., SW., 
Washington, DC 20460. Office location and telephone number: Rm. 207, CM 
#2, 1921 Jefferson Davis Hwy., Arlington, VA 22202, (703)-305-6386; e-
mail: edwards.dennis @epamail.epa.gov.

SUPPLEMENTARY INFORMATION: EPA issued a proposed rule, published in the 
Federal Register of November 8, 1994 (59 FR 55605), which announced 
that on its own initiative and under section 408(e) of the Federal 
Food, Drug, and Cosmetic Act (FFDCA), 21 U.S.C. 346a(e), it proposed a 
time-limited, regionally restricted tolerance for the residues of 
carbofuran and its metaboites in or on canola at 1.0 ppm. EPA proposed 
the tolerance because canola treated with carbofuran may not be 
processed in the U.S. and must be exported to Canada. A 2-year time-
limited tolerance was established by a rule in the  Federal Register of 
February 22, 1995 (60 FR 9781), with an expiration date of February 22, 
1997. Registrations associated with this tolerance will be regionally 
restricted to Idaho, Minnesota, Montana, North Dakota, and Washington.
    In Federal Register of October 25, 1995 (60 FR 54685), EPA issued a 
notice of receipt of a request from the U.S. Canola Association asking 
for a 1-year extension of the canola tolerance. This extension would 
then allow the use of carbofuran on canola in the 1996 growing season. 
The use of carbofuran 

[[Page 63438]]
on canola will remain regionally restricted and time-limited because of 
a concern for avian toxicity. The use is extended for the 1996 growing 
season only. The Agency expects to register an alternative chemical in 
late 1995 for early season control of the flea beetle. This may be 
available in limited quantities for the 1996 growing season, and fully 
available thereafter.
    The Interregional Research Project No. 4 (IR-4) plans to submit a 
petition for a permanent tolerance for carbofuran on canola in late 
1995 or early 1996. However, because of the known hazard of carbofuran 
to birds and wildlife, EPA will not establish a permanent tolerance 
until the Agency has fully evaluated risks to wildlife.
    The data submitted on the proposal and other relevant material have 
been evaluated and discussed in the proposed rule of November 8, 1994 
(59 FR 55605). Based on that data and information considered, the 
Agency concludes that extension of the time-limited tolerance will 
continue to protect the public health. Therefore, the time-limited 
tolerance is extended for an additional 1-year period.
    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).
    EPA has established a record for this rulemaking under docket 
number [OPP-300406] (including any comments and data submitted 
electronically). 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 1B2, 
1921 Jefferson Davis Highway, Arlington, VA.
    Electronic comments may be sent directly to EPA at:
    [email protected].
    Electronic comments 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 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 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, 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: November 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.

Sec. 180.254   [Amended]

    2. In Sec. 180.254 Carbofuran; tolerances for residues, by amending 
paragraph (c) in the introductory text by changing the date ``February 
22, 1997'' to read ``February 22, 1998''.

[FR Doc. 95-30115 Filed 12-6-95; 4:03 pm]
BILLING CODE 6560-50-F