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Diflubenzuron. June 14, 1996. Pesticide Tolerance for use on Artichokes. Final Rule. Federal Register.
http://www.epa.gov/docs/fedrgstr/EPA-PEST/1996/June/Day-14/pr-741DIR/pr-741.html
[Federal Register: June 14, 1996 (Volume 61, Number 116)] [Rules and Regulations]
[Page 30170-30171]
>From the Federal Register Online via GPO Access [wais.access.gpo.gov]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[PP 0E3835/R2241; FRL-5370-8]
RIN 2070-AB78
Diflubenzuron; Pesticide Tolerance for use on Artichokes
AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule.
SUMMARY: This document establishes a tolerance for the insecticide diflubenzuron in or on the raw agricultural commodity artichokes. The Interregional Research Project No. 4 (IR-4) requested the regulation to establish a maximum permissible level for residues of the insecticide pursuant to the Federal Food, Drug and Cosmetici Act (FFDCA).
EFFECTIVE DATE: This regulations is effective June 14, 1996.
ADDRESSES: Written objections and hearing requests, identified by the docket number, [PP 0E3835/R2241], 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 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. Fees accompanying objections shall be labeled ``Tolerance Petition Fees'' and forwarded: EPA Headquarters Accounting Operations Branch, OPP (Tolerance Fees), P.O. Box 360277M, Pittsburgh, PA 15251. A copy of objections and hearing requests filed with the Hearing Clerk may also be submitted by sending electronic mail (e-mail) to: oppdocket @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 0E3835/R2241]. 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
(7505C), 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 April 17, 1996 (61 FR 16745), EPA issued a proposed rule (FRL-5356-5) 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) 0E3835 to EPA on behalf of the Agricultural Experiment Station of California. This petition requests that the Administrator, pursuant to section 408(e) of the FFDCA, 21 U.S.C. 346a(e) amend 40 CFR 180.377 by establishing a tolerance for residues of the insectide diflubenzuron (N-[[4- chlorophenyl)amino]carbonyl]-2,6-diflubenzamide) in or on the raw agricultural commodity artichokes at 6.0 parts per million (ppm). There were no comments or request 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). EPA has established a record for this rulemaking under docket
number [OPP-300401A] (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 #2, 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
[[Page 30171]]
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.
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 of 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: June 3, 1996.
Stephen L. Johnson,
Director, Registration Division, Office of Pesticide Programs.
Therefore, 40 CFR part 180 is amended as follows:
PART 180--[AMENDED]
2. In Sec. 180.377, the table to paragraph (a) is amended by adding alphabetically the entry for artichokes, to read as follows:
Sec. 180.377 Diflubenzuron; tolerance for residues.
(a) * * *
Parts per
Commodity million