FLUORIDE ACTION NETWORK PESTICIDE PROJECT
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Lactofen (Valent). May 3, 1996. Pesticide Tolerance. Final Rule. Federal Register.
http://www.epa.gov/docs/fedrgstr/EPA-PEST/1996/May/Day-03/pr-679DIR/pr-679.html
[Federal Register: May 3, 1996 (Volume 61, Number 87)] [Rules and Regulations] ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[PP 9F3798/R2229; FRL-5362-9]
RIN 2070-AB78
Lactofen; Pesticide Tolerance
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
SUMMARY: This document extends a time-limited tolerance for residues of the herbicide lactofen, 1-(carboethoxy)ethyl-5-[2-chloro-4- (trifluoromethyl)phenoxy]-2-nitrobenzoate, and its metabolites containing the diphenyl ether linkage on the raw agricultural commodity (RAC) cottonseed at 0.05 part per million (ppm). The Valent USA Corp. requested this tolerance pursuant to the Federal Food, Drug, and Cosmetic Act (FFDCA). The time-limited tolerance expires on December 31, 1996.
EFFECTIVE DATE: This regulation is effective May 3, 1996.
ADDRESSES: Written objections and hearing requests, identified by the document
control number, [[PP 9F3798/R2229], 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
in 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 9F3798/R2229].
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: Joanne I. Miller, Product Manager (PM 23), Registration Division (7505C), Office of Pesticide Programs, Environmental Protection Agency, 401 M St., SW., Washington, DC 20460. Office location, telephone number, and e-mail address: Rm. 237, CM #2, 1921 Jefferson Davis Highway, Arlington, VA, (703)-305- 6224; e-mail: miller.joanne@epamail.epa.gov.
SUPPLEMENTARY INFORMATION: In the Federal Register of February 14, 1996 (61
FR 5726) (FRL-5349-1), EPA issued a proposed rule that gave notice pursuant
to section 408 of the Federal Food, Drug, and Cosmetic Act (FFDCA) (21 U.S.C.
346a), the Agency proposed to extend until December 31, 1996, a tolerance for
residues of the herbicide lactofen, 1- (carboethoxy)ethyl-5-[2-chloro-4-(trifluoromethyl)phenoxy]-2-
nitrobenzoate, and its metabolites containing the diphenyl ether linkage in
or on the raw agricultural commodity (RAC) cottonseed at 0.05 ppm.
There were no comments or requests for referral to an advisory committee received
in response to the proposed rule. 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 9F3798/R2229]
(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. A copy of objections and hearing requests
filed with the Hearing Clerk
[[Page 19850]]
may also be submitted electronically by sending electronic mail (email) to:
opp-docket@epamail.epa.gov.
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
Virginia 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 the rights and obligations of recipients 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: April 10, 1996.
Stephen L. Johnson,
Director, Registration Division, Office of Pesticide Programs.
Therefore, 40 CFR part 180 is amended as follows:
PART 180--[AMENDED]
2. Section 180.432, paragraph (b) is revised to read as follows:
Sec. 180.432 Lactofen; tolerances for residues.
Parts per
Commodity million Expiration date
[FR Doc. 96-10919 Filed 5-2-96; 8:45 am] BILLING CODE 6560-50-F