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Chlorothalonil - Pesticide Tolerances 2/96

[Federal Register: March 13, 1996 (Volume 61, Number 50)]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[PP 0E3889, 2E4113, and 5E4538/R2210; FRL-5352-8]
RIN 2070-AC78
Chlorothalonil; Pesticide Tolerances
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final Rule.
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SUMMARY: This document establishes tolerances for combined residues of
the fungicide chlorothalonil and it metabolite in or on the raw
agricultural commodities blueberries, filberts, and mushrooms. The
Interregional Research Project No. 4 (IR-4) requested the regulation to
establish a maximum permissible level for residues of the fungicide
pursuant to the Federal Food, Drug and Cosmetic Act (FFDCA).

EFFECTIVE DATE: This regulation becomes effective March 13, 1996.

ADDRESSES: Written objections and hearing requests, identified by the
document control number, [PP 0E3889, 2E4113, and 5E4538/R2210], 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
0E3889, 2E4113, and 5E4538/R2210]. 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 January 24, 1996
(61 FR 1884), 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 petitions (PP) 0E3889, 2E4113, and 5E4538 to EPA on
behalf of the named Agricultural Experiment Stations. These petitions
requested 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 180.275 by establishing tolerances for combined residues of the
fungicide chlorothalonil (tetrachloroisophthalonitrile) and its
metabolite 4-hydroxy-2,5,6-trichloroisophthalonitrile in or on certain
raw agricultural commodities, as follows:
    1. PP 0E3889. Petition submitted on behalf of the Agricultural
Experiment Stations of Florida, Georgia, Kentucky, Louisiana, Michigan,
North Carolina, Oklahoma, Pennsylvania, South Carolina, Tennessee,
Texas, and Washington proposing a tolerance for blueberries at 1.0 part
per million (ppm).
    2. PP 2E4113. Petition submitted on behalf of the Oregon
Agricultural Experiment Station proposing a tolerance for filberts at
0.1 ppm. The petitioner proposed that use of chlorothalonil on filberts
be limited to Oregon based on the geographical representation of the
residue data submitted. Additional residue data will be required to
expand the area of usage. Persons seeking geographically broader
registration should contact the Agency's Registration Division at the
address provided above.
    3. PP 5E4538. Petition submitted on behalf of the Pennsylvania
Agricultural Experiment Station proposing a tolerance for mushrooms at
1.0 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 proposals 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
tolerances will protect the public health. Therefore, the tolerances
are 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).
    A record has been established for this rulemaking under docket
number [PP0E3889, 2E4113, and 5E4538/R2210] (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.
    Written objections and hearing requests, identified by the document
number [PP 0E3889, 2E4113, and 5E4538/R2210], may be submitted to the
Hearing Clerk (1900), Environmental Protection Agency, Rm. 3708, 401 M
St., SW., Washington, DC 20460.
    A copy of electronic objections and hearing requests filed with the
Hearing Clerk can be sent directly to EPA at:
                     opp-Docket@epamail.epa.gov
    A copy of electronic objections and hearing requests filed with the
Hearing Clerk 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 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.
    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: February 27, 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. 180.275, by amending the table in paragraph (a) by
adding alphabetically the raw agricultural commodities blueberries and
mushrooms and by amending the table in paragraph (b), by adding
alphabetically the raw agricultural commodity filberts to read as
follows:

Sec. 180.275 Chlorothalonil; tolerances for residues.

    (a) *   *   *

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                                                               Parts per
                         Commodities                            million
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                  *        *        *        *        *
Blueberries.................................................       1.0

                  *        *        *        *        *
Mushrooms...................................................       1.0

                  *        *        *        *        *
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    (b) *   *   *

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                                                               Parts per
                         Commodities                            million
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                  *        *        *        *        *
Filberts....................................................       0.1

                  *        *        *        *        *
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