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lactofen (Cobra) Pesticide Tolerance 5/96

[Federal Register: May 8, 1996 (Volume 61, Number 90)]
[Proposed Rules]               
[Page 20780-20781]
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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.
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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 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]
    1. The authority citation for Part 180 continues to read as follows:
    Authority: 21 U.S.C. 346a and 371.
    2. In Sec. 180.432, by revising paragraph (a), to read as follows:
Sec. 180.432  Lactofen; tolerances for residues.
    (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:
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                                                              Parts per 
                         Commodity                             million  
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Beans, snap................................................     0.05
Soybeans...................................................     0.05
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