[Federal Register Volume 61, Number 21 (Wednesday, January 31, 1996)]
[Rules and Regulations]
[Pages 3326-3328]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-1719]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180

[PP 2E4037 and 5E4437/R2195; FRL-4993-1]
RIN 2070-AB78


1-[[2-(2,4-Dichlorophenyl)-4-Propyl-1,3-Dioxolan-2-yl]Methyl]-1H-
1,2,4-Triazole; Pesticide Tolerances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This rule establishes tolerances for residues of the fungicide 
1-[[2-(2,4-dichlorophenyl)-4-propyl-1,3-dioxolan-2yl]methyl]-1H-1,2,4-
triazole (also called propiconazole) and its metabolites determined as 
2,4-dichlorobenzoic acid and expressed as parent compound in or on the 
raw agricultural commodities mint tops (leaves and stems) at 0.3 part 
per 

[[Page 3327]]
million (ppm) and mushrooms at 0.1 ppm. The Interregional Research 
Project No. 4 (IR-4) submitted petitions under the Federal Food, Drug 
and Cosmetic Act (FFDCA) requesting that EPA establish maximum 
permissible levels for residues of propiconazole in or on the 
commodities.

EFFECTIVE DATE: This regulation becomes effective January 31, 1996.

ADDRESSES:  Written objections and hearing requests, identified by the 
document control number, [PP 2E4037 and 5E4437/R2195], 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 [PP 2E4037 and 5E4437/
R2195] . 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: Rm. 207, CM #2, 1921 Jefferson Davis 
Hwy., Arlington, VA 22202, (703)-308-8783; e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION: EPA issued a proposed rule, published in the 
Federal Register of November 15, 1995 (60 FR 57375), which announced 
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 to EPA pesticide petitions, PP 
2E4037 and PP 5E4437, on behalf of the named Agricultural Experiment 
Stations. The petitions requested that the Administrator, pursuant to 
section 408(e) of th Federal Food, Drug and Cosmetic Act (FFDCA), 21 
U.S.C. 346a(e), amend 40 CFR 180.434 by establishing tolerances for 
residues of 1-[[2-(2,4-dichlorophenyl)-4-propyl-1,3-dioxolan-
2yl]methyl]-1H-1,2,4-triazole and its metabolites determined as 2,4-
dichlorobenzoic acid and expressed as parent compound in or on certain 
raw agricultural commodities as follows:
    1. PP 2E4037. Petition submitted on behalf of the Agricultural 
Experiment Station of Oregon proposing a tolerance for mint tops 
(leaves and stems) at 0.3 ppm. The petitioner proposed that use of 
propiconazole on mint be limited to mint production areas west of the 
Cascade 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 broader registration should 
contact the Agency's Registration Division at the address provided 
above.
    2. PP 5E4437. Petition submitted on behalf of the Agricultural 
Experiment Station of Pennsylvania proposing a tolerance for mushrooms 
at 0.1 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 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 [PP 2E4037 and 5E4437/R2195] (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 

[[Page 3328]]
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: January 23, 1996.
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. 180.434, paragraph (a) is amended in the table therein 
by adding and alphabetically inserting an entry for mushrooms, and 
paragraph (b) is amended in the table therein by adding and 
alphabetically inserting an entry for mint, to read as follows:


Sec. 180.434   1-[[2-(2,4-dichlorophenyl)-4-propyl-1,3-dioxolan-2-
yl]methyl]-1H-1,2,4-triazole; tolerances for residues.

    (a) *  *  *

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                                                              Parts per 
                         Commodity                             million  
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                                * * * * *                               
Mushrooms..................................................          0.1
                                                                        
                                * * * * *                               
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    (b) *  *  *

------------------------------------------------------------------------
                                                              Parts per 
                         Commodity                             million  
------------------------------------------------------------------------
                                                                        
                                * * * * *                               
Mint, tops (leaves and stems)..............................          0.3
                                                                        
                                * * * * *                               
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* * * * *

[FR Doc. 96-1719 Filed 1-30-96; 8:45 am]
BILLING CODE 6560-50-F