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Propiconazole - Pesticide Tolerances 1/96

[Federal Register: January 31, 1996 (Volume 61, Number 21)]
[Rules and Regulations]
[Page 3328-3330]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[PP 2E4037 and 5E4437/R2195; FRL-4993-1]
RIN 2070-AB78
1-[[2-(2,4-Dichlorophenyl)-4-Propyl-1,3-Dioxolan-2-yl]Methyl]-1H-
   1,2,4-Triazole; Pesticide Tolerances
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: This rule establishes tolerances for residues of the fungicide
1-[[2-(2,4-dichlorophenyl)-4-propyl-1,3-dioxolan-2yl]methyl]-1H-1,2,4-
triazole (also called propiconazole) and its metabolites determined as
2,4-dichlorobenzoic acid and expressed as parent compound in or on the
raw agricultural commodities mint tops (leaves and stems) at 0.3 part
per million (ppm) and mushrooms at 0.1 ppm. The Interregional Research
Project No. 4 (IR-4) submitted petitions under the Federal Food, Drug
and Cosmetic Act (FFDCA) requesting that EPA establish maximum
permissible levels for residues of propiconazole in or on the
commodities.

EFFECTIVE DATE: This regulation becomes effective January 31, 1996.

ADDRESSES:  Written objections and hearing requests, identified by the
document control number, [PP 2E4037 and 5E4437/R2195], 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 [PP 2E4037 and 5E4437/
R2195] . 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: Hoyt L. Jamerson, Registration
Division (7505W), 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)-308-8783; e-mail:
jamerson.hoyt@epamail.epa.gov.

SUPPLEMENTARY INFORMATION: EPA issued a proposed rule, published in the
Federal Register of November 15, 1995 (60 FR 57375), which announced
that the Interregional Research Project No. 4 (IR-4), New Jersey
Agricultural Experiment Station, P.O. Box 231, Rutgers University, New
Brunswick, NJ 08903, had submitted to EPA pesticide petitions, PP
2E4037 and PP 5E4437, on behalf of the named Agricultural Experiment
Stations. The petitions requested that the Administrator, pursuant to
section 408(e) of th Federal Food, Drug and Cosmetic Act (FFDCA), 21
U.S.C. 346a(e), amend 40 CFR 180.434 by establishing tolerances for
residues of 1-[[2-(2,4-dichlorophenyl)-4-propyl-1,3-dioxolan-
2yl]methyl]-1H-1,2,4-triazole and its metabolites determined as 2,4-
dichlorobenzoic acid and expressed as parent compound in or on certain
raw agricultural commodities as follows:
    1. PP 2E4037. Petition submitted on behalf of the Agricultural
Experiment Station of Oregon proposing a tolerance for mint tops
(leaves and stems) at 0.3 ppm. The petitioner proposed that use of
propiconazole on mint be limited to mint production areas west of the
Cascade Mountains based on the geographical representation of the
residue data submitted. Additional residue data will be required to
expand the area of usage. Persons seeking broader registration should
contact the Agency's Registration Division at the address provided
above.
    2. PP 5E4437. Petition submitted on behalf of the Agricultural
Experiment Station of Pennsylvania proposing a tolerance for mushrooms
at 0.1 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
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).
    EPA has established a record for this rulemaking under docket
number [PP 2E4037 and 5E4437/R2195] (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: January 23, 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. 180.434, paragraph (a) is amended in the table therein
by adding and alphabetically inserting an entry for mushrooms, and
paragraph (b) is amended in the table therein by adding and
alphabetically inserting an entry for mint, to read as follows:

Sec. 180.434   1-[[2-(2,4-dichlorophenyl)-4-propyl-1,3-dioxolan-2-yl]methyl]-
1H-1,2,4-triazole; tolerances for residues.

    (a) *  *  *

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                                                              Parts per
                         Commodity                             million
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                                * * * * *
Mushrooms..................................................     0.1

                                * * * * *
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    (b) *  *  *

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                                                              Parts per
                         Commodity                             million
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                                * * * * *
Mint, tops (leaves and stems)..............................     0.3

                                * * * * *
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* * * * *