[Federal Register Volume 60, Number 35 (Wednesday, February 22, 1995)]
[Rules and Regulations]
[Pages 9780-9781]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-4303]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[OPP-300366A; FRL-4925-1]
RIN 2070-AB78
Pesticide Tolerances for 2,3-Dihydro-2,2-Dimethyl-7-Benzofuranyl-
N-Methylcarbamate
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: This document establishes a time-limited tolerance for
residues of the insecticide 2,3-dihydro-2,2-dimethyl-7-benzofuranyl-N-
methylcarbamate (common name ``carbofuran'') and its metabolites in or
on canola at 1.0 part per million (ppm) with an expiration date of 2
years after the beginning of the effective date of the rule. EPA is
issuing this rule on its own initiative.
EFFECTIVE DATE: This regulation becomes effective February 22, 1995.
ADDRESSES: Written objections, identified by the document control
number, [OPP-300366A], 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 #2, 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.
FOR FURTHER INFORMATION CONTACT: By mail: Dennis H. Edwards, Jr.,
Product Manager (PM) 19, Registration Division (7505C), Environmental
Protection Agency, 401 M St., SW., Washington, DC 20460. Office
location and telephone number: Rm. 207, 1921 Jefferson Davis Hwy.,
Arlington, VA 22202, (703)-305-6386.
SUPPLEMENTARY INFORMATION: In the Federal Register of November 8, 1994
(59 FR 55605), EPA issued a proposed rule that gave notice that on its
own initiative and under section 408(e) of the Federal Food, Drug and
Cosmetic Act, 21 U.S.C. 346a(e), it proposed a time-limited tolerance
for the residues of carbofuran and its metabolites in or on canola at
1.0 ppm. EPA proposed a tolerance because State registrations for the
use of carbofuran on canola exist. However, because of EPA's continuing
concern for the risk to birds posed by carbofuran use, the Agency is
limiting the number of States in which granular carbofuran may be used
on canola, and may take regulatory action in the near future to further
restrict carbofuran use. Additional registrations will not be permitted
until EPA has reached a decision on whether the canola use poses
unreasonable risks to birds and wildlife and whether additional
restrictions are necessary. The Agency intends to conduct the necessary
risk and benefit assessments and anticipates a decision before the 1996
use season.
There are three Special Local Need registrations under section
24(c) of the Federal Insecticide, Fungicide, and Rodenticide Act, 7
U.S.C. 136v(c). Registrations associated with this time-limited
tolerance will be regionally restricted to Idaho, Minnesota, Montana,
North Dakota, and Washington.
The use of granular carbofuran under this tolerance will be limited
to the 1995 growing season because additional residue data have to be
submitted for the Agency to make its determination that the tolerance
will be protective of the public health. As discussed in the proposed
rule, the reference dose is exceeded for nonnursing infants and
children ages 1 to 6 if it is assumed that all canola will contain
tolerance level residues. EPA believes this assumption overstates the
risk. EPA has requested additional data to confirm its view that the
risk estimate is overstated. The Interregional Research Project No. 4
(IR-4) is currently conducting residue trials in the U.S. and plans to
submit a petition for a permanent tolerance in the spring. EPA will not
establish a permanent tolerance until it has received and evaluated the
residue data.
Over 100 comments were received in response to the proposed rule.
All were in support of establishing the tolerance.
The data submitted on 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 time-limited
tolerance will protect the public health. Therefore, the time-limited
tolerance is established as set forth below. [[Page 9781]]
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 and the relief sought (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).
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: February 14, 1995.
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. 180.254, by adding new paragraph (c), to read as
follows:
Sec. 180.254 2,3-Dihydro-2,2-dimethyl-7-benzofuranyl-N-
methylcarbamate; tolerances for residues.
* * * * *
(c) A time-limited tolerance, to expire on February 22, 1997, with
regional registration, as defined in Sec. 180.1(n), is established for
the combined residues of the insecticide carbofuran (2,3-dihydro-2,2-
dimethyl-7-benzofuranyl-N-methylcarbamate), its carbamate metabolite,
2,3-dihydro-2,2-dimethyl-3-hydroxy-7-benzofuranyl-N-methylcarbamate,
and its phenolic metabolites 2,3-dihydro-2,2-dimethyl-7-benzofuranol,
2,3-dihydro-2,2-dimethyl-3-oxo-7-benzofuranol and 2,3-dihydro-2,2-
dimethyl-3,7-benzofurandiol in or on the following raw agricultural
commodity:
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Parts per
Commodity million
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Canola (of which no more than 0.2 ppm is carbamate)........ 1.0
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[FR Doc. 95-4303 Filed 2-16-95; 2:39 pm]
BILLING CODE 6560-50-F
