[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: opp-docket@epamail.epa.gov.
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:
jamerson.hoyt@epamail.epa.gov.
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:
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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
