95-30115. Carbofuran; Tolerance Extension for Canola  

  • [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:
        opp-docket@epamail.epa.gov
        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:
        opp-docket@epamail.epa.gov.
        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
    
    

Document Information

Effective Date:
12/11/1995
Published:
12/11/1995
Department:
Environmental Protection Agency
Entry Type:
Rule
Action:
Final rule.
Document Number:
95-30115
Dates:
This regulation becomes effective December 11, 1995.
Pages:
63437-63438 (2 pages)
Docket Numbers:
OPP-300406, FRL-4989-6
RINs:
2070-AB78
PDF File:
95-30115.pdf
CFR: (1)
40 CFR 180.254