FLUORIDE ACTION NETWORK PESTICIDE PROJECT
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Lactofen. May 8, 1996. Pesticide Tolerance. Final Rule. Federal Register.
http://www.epa.gov/docs/fedrgstr/EPA-PEST/1996/May/Day-08/pr-690DIR/pr-690.html
[Federal Register: May 8, 1996 (Volume 61, Number 90)] [Rules and Regulations]
[Page 20742-20743]
>From the Federal Register Online via GPO Access [wais.access.gpo.gov]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[PP 4E4418/R2231; FRL-5365-1]
RIN 2070-AB78
Lactofen; Pesticide Tolerance
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final Rule.
SUMMARY: This document establishes a tolerance for combined residues of the herbicide lactofen and its metabolites in or on the raw agricultural commodity snap beans. The Interregional Research Project No. 4 (IR-4) requested the regulation to establish a maximum permissible level for residues of the herbicide 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 docket
number, [PP 4E4418/R2231], 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 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. 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 4E4418/R2231].
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 8, 1996 (61 FR 9399)
(FRL-5353-2), EPA issued a proposed rule 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) 4E4418
to EPA on behalf of the Agricultural Experiment Stations of Arkansas, Florida,
Georgia, Oregon, Tennessee, and Virginia. This petition requests that the Administrator,
pursuant to section 408(e) of the Federal Food, Drug and Cosmetic Act (FFDCA),
21 U.S.C. 346a(e), amend 40 CFR 180.432 by establishing a tolerance for combined
residues of lactofen, 1-(carboethoxy)ethyl-5-[2- chloro-4-(trifluoromethyl)phenoxy]-2-nitrobenzoate,
and its associated metabolites containing the diphenyl ether linkage expressed
as lactofen in or on the raw agricultural commodity snap beans at 0.05 part
per million (ppm). There were no comments or requests 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
[[Page 20743]]
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 4E4418/R2231]
(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. 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) and 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 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 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 29, 1996.
Stephen L. Johnson,
Director, Registration Division, Office of Pesticide Programs.
Therefore, 40 CFR part 180 is amended as follows:
PART 180--[AMENDED]
(a) Tolerances are established for the combined residues of lactofen, 1-(carboethoxy)ethyl-5-[2-chloro-4-(trifluoromethyl)phenoxy]- 2-nitrobenzoate, and its associated metabolites containing the diphenyl ether linkage expressed as lactofen in or on the following raw agricultural commodities:
Parts per Commodity million