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Pendimethalin - Pesticide Tolerance 9/95

[Federal Register: September 20, 1995 (Volume 60, Number 182)]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[PP 3F2792/R2164; FRL-4973-4]
RIN 2070-AB78
Pendimethalin; Pesticide Tolerance
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: This document establishes a tolerance for the combined
residues of the herbicide pendimethalin (N-(1-ethylpropyl)-3,4-
dimethyl-2,6-dinitrobenzeneamine) and its metabolite 4-[(1-
ethylpropyl)amino]-2-methyl-3,5-dinitrobenzyl alcohol in or on the raw
agricultural commodities pea pods, shelled peas, pea vines, and peas
plus pods each at 0.1 part per million (ppm). The American Cyanamid Co.
requested this regulation in a petition submitted under the Federal
Food, Drug and Cosmetic Act (FFDCA).
EFFECTIVE DATE: This regulation becomes effective September 20, 1995.
ADDRESSES: Written objections and hearing requests, identified by the
document control number, [PP 3F2792/R2164], 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 a 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
3F2792/R2164]. 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: Robert Taylor, Product
Manager (PM) 25, Registration Division (7505C), Environmental
Protection Agency, 401 M St., SW., Washington, DC 20460. Office
location and telephone number: Rm. 241, 1921 Jefferson Davis Hwy.,
Arlington, VA 22202, (703)-305-6800; e-mail:
                 taylor.robert@epamail.epa.gov.
SUPPLEMENTARY INFORMATION: In the Federal Register of July 26, 1995 (60
FR 38295), EPA issued a proposed rule that gave notice that American
Cyanamid Co. had submitted pesticide petition (PP) 3F2792 to EPA
requesting that the Administrator, pursuant to section 408 of the
FFDCA, 21 U.S.C. 346a, amend 40 CFR 180.361 by establishing a tolerance
for the combined residues of the herbicide pendimethalin in or on the
raw agricultural commodities pea pods, shell peas, pea vines, and peas
plus pods each at 0.1 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 and/or request a hearing 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 a 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 3F2792/R2164] (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
control number [PP 3F2792/R2164], 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 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 objections and hearing requests 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, Oct. 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 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 the 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: August 30, 1995.
Daniel M. Barolo,
Director, 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. 180.361, paragraph (a) is amended in the table therein by
adding and alphabetically inserting the following commodity, to read as
follows:
Sec. 180.361 Pendimethalin; tolerances for residues.
    (a) *  *  *
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                                                              Parts per
                         Commodity                             million
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Peas (except field peas)...................................      0.1

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