95-29557. Oxyfluorfen; Pesticide Tolerances  

  • [Federal Register Volume 60, Number 234 (Wednesday, December 6, 1995)]
    [Rules and Regulations]
    [Pages 62330-62332]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 95-29557]
    
    
    
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    ENVIRONMENTAL PROTECTION AGENCY
    
    40 CFR Parts 180 and 185
    
    [PP 5E4429/R2182; FRL-4983-2]
    RIN 2070-AB78
    
    
    Oxyfluorfen; Pesticide Tolerances
    
    AGENCY: Environmental Protection Agency (EPA).
    
    ACTION: Final rule.
    
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    SUMMARY: This document establishes tolerances for residues of the 
    herbicide oxyfluorfen in or on the raw agricultural commodities 
    blackberry and raspberry. The regulation to establish maximum 
    permissible levels for residues of the herbicide was requested in a 
    petition submitted by the Interregional Research Project No. 4 (IR-4) 
    pursuant to the Federal Food, Drug and Cosmetic Act (FFDCA). EPA is 
    also deleting the metabolites of oxyfluorfen containing the diphenyl 
    ether linkage from certain tolerance expressions.
    
    EFFECTIVE DATE: This regulation becomes effective December 6, 1995.
    
    ADDRESSES: Written objections and hearing requests, identified by the 
    document control number, [PP 5E4429/R2182], 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 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 
    5E4429/R2182]. 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: 
    6th Floor, 
    
    [[Page 62331]]
    Crystal Station #1, 2800 Jefferson Davis Hwy., Arlington, VA 22202, 
    (703)-308-8783; e-mail: jamerson.hoyt@epamail.epa.gov.
    
    SUPPLEMENTARY INFORMATION: In the Federal Register of September 27, 
    1995 (60 FR 49816), 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, Rutgers University, New 
    Brunswick, NJ 08903, had submitted pesticide petition (PP) 5E4429 to 
    EPA on behalf of the Agricultural Experiment Stations of Oregon, New 
    York, Virginia, and Washington. The petition requests that the 
    Administrator, pursuant to section 408 of the FFDCA, 21 U.S.C. 346a, 
    amend 40 CFR 180.381 by establishing a tolerance for residues of the 
    herbicide oxyfluorfen [2-chloro-1-(3-ethoxy-4-nitrophenoxy)-4-
    (trifluoromethyl)-benzene] in or on the raw agricultural commodities 
    blackberry and raspberry 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 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 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 5E4429/R2182] (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 5E4429/R2182], 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 Parts 180 and 185
    
        Environmental protection, Administrative practice and procedure, 
    Agricultural commodities, Food additives, Pesticides and pests, 
    Reporting and recordkeeping requirements.
    
        Dated: November 3, 1995.
    
    Stephen L. Johnson,
    Director, Registration Division, Office of Pesticide Programs.
    
        Therefore, 40 CFR parts 180 and 185 are amended as follows:
    
    PART 180--[AMENDED]
    
        1. In part 180:
        a. The authority citation for part 180 continues to read as 
    follows:
    
        Authority: 21 U.S.C. 346a and 371.
    
        b. In Sec. 180.381, by revising the introductory text of paragraph 
    (a) and by revising paragraph (b), to read as follows:
    
    
    Sec. 180.381   Oxyfluorfen; tolerances for residues.
    
        (a) Tolerances are established for residues of the herbicide 
    oxyfluorfen [2-
    
    [[Page 62332]]
    chloro-1-(3-ethoxy-4-nitrophenoxy)-4-(trifluoromethyl)benzene] in or on 
    the following raw agricultural commodities:
    * * * * *
        (b) Tolerances with regional registration are established for 
    residues of the herbicide oxyfluorfen [2-chloro-1-(3-ethoxy-4-
    nitrophenoxy)-4-(trifluoromethyl)benzene] in or on the following raw 
    agricultural commodities:
    
    ------------------------------------------------------------------------
                                                                  Parts per 
                             Commodity                             million  
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    Blackberry.................................................         0.05
    Garbanzo beans.............................................         0.05
    Guava......................................................         0.05
    Papaya.....................................................         0.05
    Raspberry..................................................         0.05
    Taro (corms and leaves)....................................         0.05
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    PART 185--[AMENDED]
    
        2. In part 185:
        a. The authority citation for part 185 continues to read as 
    follows:
    
        Authority: 21 U.S.C. 346a and 348.
    
        b. By amending Sec. 185.4600 by revising the introductory text to 
    read as follows:
    
    
    Sec. 185.4600   Oxyfluorfen.
    
        A regulation is established permitting residues of the herbicide 
    oxyfluorfen [2-chloro-1-(3-ethoxy-4-nitrophenoxy)-4-
    (trifluoromethyl)benzene] in or on the following processed food when 
    present therein as a result of application of the herbicide to growing 
    crops:
    * * * * *
    
    [FR Doc. 95-29557 Filed 12-5-95; 8:45 am]
    BILLING CODE 6560-50-F
    
    

Document Information

Effective Date:
12/6/1995
Published:
12/06/1995
Department:
Environmental Protection Agency
Entry Type:
Rule
Action:
Final rule.
Document Number:
95-29557
Dates:
This regulation becomes effective December 6, 1995.
Pages:
62330-62332 (3 pages)
Docket Numbers:
PP 5E4429/R2182, FRL-4983-2
RINs:
2070-AB78
PDF File:
95-29557.pdf
CFR: (2)
40 CFR 180.381
40 CFR 185.4600