[Federal Register Volume 61, Number 50 (Wednesday, March 13, 1996)]
[Rules and Regulations]
[Pages 10280-10282]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-5536]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[PP 0E3889, 2E4113, and 5E4538/R2210; FRL-5352-8]
RIN 2070-AC78


Chlorothalonil; Pesticide Tolerances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final Rule.

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SUMMARY: This document establishes tolerances for combined residues of 
the fungicide chlorothalonil and it metabolite in or on the raw 
agricultural commodities blueberries, filberts, and mushrooms. The 
Interregional Research Project No. 4 (IR-4) requested the regulation to 
establish a maximum permissible level for residues of the fungicide 
pursuant to the Federal Food, Drug and Cosmetic Act (FFDCA).

EFFECTIVE DATE: This regulation becomes effective March 13, 1996.

ADDRESSES: Written objections and hearing requests, identified by the 
document control number, [PP 0E3889, 2E4113, and 5E4538/R2210], 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

[[Page 10281]]
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 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 
0E3889, 2E4113, and 5E4538/R2210]. 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: Hoyt L. Jamerson, 
Registration Division (7505W), Environmental Protection Agency, 401 M 
St., SW., Washington, DC 20460. Office location and telephone number: 
Sixth Floor, Crystal Station #1, 2800 Jefferson Davis Highway, 
Arlington, VA 22202. (703) 308-8783, e-mail: 
[email protected].
SUPPLEMENTARY INFORMATION: In the Federal Register of January 24, 1996 
(61 FR 1884), EPA issued a proposed rule that gave notice that the 
Interregional Research Project No. 4 (IR-4), New Jersey Agricultural 
Experiment Station, P.O. Box 231, New Brunswick, NJ 08903, had 
submitted pesticide petitions (PP) 0E3889, 2E4113, and 5E4538 to EPA on 
behalf of the named 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 180.275 by establishing tolerances for combined residues of the 
fungicide chlorothalonil (tetrachloroisophthalonitrile) and its 
metabolite 4-hydroxy-2,5,6-trichloroisophthalonitrile in or on certain 
raw agricultural commodities, as follows:
    1. PP 0E3889. Petition submitted on behalf of the Agricultural 
Experiment Stations of Florida, Georgia, Kentucky, Louisiana, Michigan, 
North Carolina, Oklahoma, Pennsylvania, South Carolina, Tennessee, 
Texas, and Washington proposing a tolerance for blueberries at 1.0 part 
per million (ppm).
    2. PP 2E4113. Petition submitted on behalf of the Oregon 
Agricultural Experiment Station proposing a tolerance for filberts at 
0.1 ppm. The petitioner proposed that use of chlorothalonil on filberts 
be limited to Oregon based on the geographical representation of the 
residue data submitted. Additional residue data will be required to 
expand the area of usage. Persons seeking geographically broader 
registration should contact the Agency's Registration Division at the 
address provided above.
    3. PP 5E4538. Petition submitted on behalf of the Pennsylvania 
Agricultural Experiment Station proposing a tolerance for mushrooms at 
1.0 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 proposals 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).
    A record has been established for this rulemaking under docket 
number [PP0E3889, 2E4113, and 5E4538/R2210] (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 
number [PP 0E3889, 2E4113, and 5E4538/R2210], 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 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 review by the Office of Management and Budget 
(OMB) and the requirements of the Executive Order. Under section 3(f), 
the order defines ``a

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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 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 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: February 27, 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. 180.275, by amending the table in paragraph (a) by 
adding alphabetically the raw agricultural commodities blueberries and 
mushrooms and by amending the table in paragraph (b), by adding 
alphabetically the raw agricultural commodity filberts to read as 
follows:


Sec. 180.275 Chlorothalonil; tolerances for residues.

    (a) *   *   *


------------------------------------------------------------------------
                                                               Parts per
                         Commodities                            million 
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                  *        *        *        *        *                 
Blueberries.................................................       1.0  
                                                                        
                  *        *        *        *        *                 
Mushrooms...................................................       1.0  
                                                                        
                  *        *        *        *        *                 
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    (b) *   *   *

------------------------------------------------------------------------
                                                               Parts per
                         Commodities                            million 
------------------------------------------------------------------------
                                                                        
                  *        *        *        *        *                 
Filberts....................................................       0.1  
                                                                        
                  *        *        *        *        *                 
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[FR Doc. 96-5536 Filed 3-12-96; 8:45 am]
BILLING CODE 6560-50-F