[Federal Register Volume 61, Number 116 (Friday, June 14, 1996)]
[Rules and Regulations]
[Pages 30170-30171]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15191]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180

[PP 0E3835/R2241; FRL-5370-8]

RIN 2070-AB78


Diflubenzuron; Pesticide Tolerance for use on Artichokes

AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.

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SUMMARY: This document establishes a tolerance for the insecticide 
diflubenzuron in or on the raw agricultural commodity artichokes. 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 Cosmetici Act (FFDCA).

EFFECTIVE DATE: This regulations is effective June 14, 1996.

ADDRESSES: Written objections and hearing requests, identified by the 
docket number, [PP 0E3835/R2241], 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 docket 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. Fees 
accompanying objections shall be labeled ``Tolerance Petition Fees'' 
and forwarded: EPA Headquarters Accounting Operations Branch, OPP 
(Tolerance Fees), P.O. Box 360277M, Pittsburgh, PA 15251. A copy of 
objections and hearing requests filed with the Hearing Clerk may also 
be submitted by sending electronic mail (e-mail) to: opp-
[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 
0E3835/R2241]. 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 (7505C), 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 April 17, 1996 
(61 FR 16745), EPA issued a proposed rule (FRL-5356-5) 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 petition (PP) 0E3835 to EPA on behalf of the 
Agricultural Experiment Station of California. This petition requests 
that the Administrator, pursuant to section 408(e) of the FFDCA, 21 
U.S.C. 346a(e) amend 40 CFR 180.377 by establishing a tolerance for 
residues of the insectide diflubenzuron (N-[[4-
chlorophenyl)amino]carbonyl]-2,6-diflubenzamide) in or on the raw 
agricultural commodity artichokes at 6.0 parts per million (ppm). There 
were no comments or request 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 
tolerance will protect the public health. Therefore, the tolerance is 
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 [OPP-300401A] (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 #2, 
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

[[Page 30171]]

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.
    This action does not impose any enforceable duty, or contain any 
``unfunded mandates'' as described in Title II of the Unfunded Mandates 
Reform 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 of 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: June 3, 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. 180.377, the table to paragraph (a) is amended by adding 
alphabetically the entry for artichokes, to read as follows:


Sec. 180.377   Diflubenzuron; tolerance for residues.

    (a) *      *      *

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                                                              Parts per 
                         Commodity                             million  
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Artichokes.................................................          6.0
                                                                        
                  *        *        *        *        *                 
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[FR Doc. 96-15191 Filed 6-13-96; 8:45 am]
 BILLING CODE 6560-50-F