[Federal Register Volume 61, Number 90 (Wednesday, May 8, 1996)]
[Rules and Regulations]
[Pages 20745-20746]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11337]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180

[PP-4E4419/R2236; FRL-5366-8]
RIN 2070-AB78


Avermectin B1 and its Delta-8,9-Isomer; Extension of Time-
Limited Tolerance

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This document extends the effective date for the time-limited 
tolerance established for the combined residues of the insecticide 
avermectin B1 and its delta-8,9-isomer in or on the raw 
agricultural commodity dried hops. The Interregional Research Project 
No. 4 (IR-4) requested the regulation to establish a maximum 
permissible level for residues of the insecticide pursuant to the 
Federal Food, Drug and Cosmetic Act (FFDCA).

EFFECTIVE DATE: This regulation becomes effective May 8, 1996.

ADDRESSES: Written objections and hearing requests, identified by the 
document control number, [PP-4E4419/R2236], 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 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-4E4419/R2236]. 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 March 20, 1996 
(61 FR 11357), EPA issued a proposed rule (FRL-5356-2) to amend 40 CFR 
part 180 by extending the effective date for the established time-
limited tolerance for the combined residues of the insecticide 
avermectin B1 and its delta-8,9-isomer in or on the raw 
agricultural commodity dried hops at 0.5 parts per million (ppm). EPA 
proposed that the expiration date for the tolerance be extended from 
April 30, 1996 to December 31, 1996, to allow EPA additional time to 
evaluate IR-4's petition for a permanent tolerance for residues of 
avermectin B1 and its delta-8,9-isomer in or on the raw 
agricultural commodity dried hops.
    The data considered in support of the established tolerance for 
dried hops are discussed in the proposed rule, which was published in 
the Federal Register notice of September 13, 1995 (59 FR 49826). 
Additional information regarding EPA's proposal to extend the effective 
data for the time-limited tolerance is discussed in the Federal 
Register of March 20, 1996 [61 FR 11357]. There were no comments or 
requests for referral to an advisory committee received in response to 
the proposed rule to extend the effective date for the time-limited 
tolerance. Based on the data and information considered, the Agency 
concludes that the tolerance will protect the public health. Therefore, 
the tolerance is amended 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 [PP-4E4419/R2236] (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

[[Page 20746]]

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.
    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) any 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 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.
    This action does not impose any enforceable duty, or contain any 
``unfunded mandates'' as described in Title II of the Unfunded Mandates 
Act of 1995 (Pub. L. 104-4), or require prior consultation as specified 
by Executive Order 12875 (58 FR 58093, October 28, 1993), entitled 
Enhancing the Intergovernmental Partnership, or special consideration 
as required by Executive Order 12898 (59 FR 7629, February 16, 1994).
    Pursuant to the requirements of the Regulatory Flexibility Act (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 explaining the factual basis for this 
determination 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: April 30, 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. 180.449, by revising paragraph (a) to read as follows:


Sec. 180.449  Avermectin B1 and its delta-8,9 isomer; tolerances 
for residues.

    (a) Tolerances are established for the combined residues of the 
insecticide avermectin B1 [a mixture of avermectins containing 
greater than or equal to 80% avermectin B1a (5-O-demethyl 
avermectin Al) and less than or equal to 20% avermectin Blb 
(5-O- demethyl-25-de(1-methylpropyl)-25-(1-methylethyl) avermectin 
Al)] and its delta-8,9-isomer in or on the following commodities:


------------------------------------------------------------------------
                                                     Parts              
                     Commodity                        per     Expiration
                                                    million      date   
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Cattle, fat.......................................   0.015     Apr.30,  
                                                                 1996   
Cattle, meat......................................   0.02         Do    
Cattle, mbyp......................................   0.02         Do    
Citrus whole fruit................................   0.02         Do    
Cottonseed........................................   0.005        Do    
Hops, dried.......................................   0.5       Dec. 31, 
                                                                 1996   
Milk..............................................   0.005     Apr. 30, 
                                                                 1996   
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[FR Doc. 96-11337 Filed 5-7-96; 8:45 am]
BILLING CODE 6560-50-F