[Federal Register Volume 61, Number 50 (Wednesday, March 13, 1996)]
[Rules and Regulations]
[Pages 10282-10284]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-5986]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[OPP-300402A; FRL-4993-3]
RIN 2070-AB78
3,5-Dichloro-N-(1,1-Dimethyl-2-Propynyl)Benzamide; Pesticide
Tolerances
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA has completed the reregistration process and issued a
Reregistration Eligibility Decision (RED) document for the pesticide
3,5-dichloro-N-(1,1-dimethyl-2-propynyl)benzamide, also known as
pronamide. In the reregistration process, all information to support a
pesticide's continued registration is reviewed for adequacy and, when
needed, supplemented with new scientific studies. Based on the RED
tolerance assessments for the pesticide chemical subject to this rule,
EPA is issuing the following tolerance actions: to delete individual
tolerances and establish crop-grouping tolerances, raise some
tolerances and lower others, amend an incorrectly listed tolerance, and
modify the statment under 40 CFR 180.317 for the pesticide pronamide.
EFFECTIVE DATE: This regulation becomes effective March 13, 1996.
ADDRESSES: Written objections and hearing requests, identified by the
document control number, [OPP-300402A], 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. An electronic copy of objections and hearing requests filed
with the Hearing Clerk may be submitted to OPP by sending electronic
mail (e-mail) to:opp-docket@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 [OPP-300402A]. 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: Philip Poli, (703)-308-8038;
e-mail: poli.philip@epamail.epa.gov. By mail: Special Review and
Reregistration Division (7508W), Environmental Protection Agency, 401 M
St., SW., Washington, DC 20460. Office location: Special Review Branch,
Crystal Station #1, 3rd Floor, 2800 Crystal Drive, Arlington, VA 22202.
SUPPLEMENTARY INFORMATION: EPA issued a proposed rule, published in the
Federal Register of November 15, 1995 (60 FR 57379), which announced
that based on a Reregistration Eligibility Decision (RED) for the
pesticide 3,5-dichloro-N-(1,1-dimethyl-2-propynyl)benzamide, also known
as pronamide, the Agency intended to revise 40 CFR 180.317 to delete
individual tolerances and establish crop-grouping tolerances (as
described in 40 CFR 180.34), raise some tolerances
[[Page 10283]]
and lower others, amend an incorrectly listed tolerance (for sheep
meat), and modify the tolerance expression for pronamide to clarify
which metabolites are determined by the enforcement methods and are
included in the tolerance expression.
The following comments were received by the Agency in response to
the proposed rule published in the Federal Register of November 15,
1995 (60 FR 57379):
1. Oral comments by the Interregional Project No. 4 (IR-4). The
Interregional Project No. 4 (IR-4) requested that the Agency
acknowledge that IR-4 petitioned EPA for tolerances for pronamide on
stone fruits and nongrass animal feeds. IR-4 wanted it to be known that
at the time the tolerances were being proposed in the Federal Register
of November 15, 1995, IR-4 tolerance petitions for the stone fruits and
nongrass animal feed crop groups were pending with the Agency.
Agency response. The Agency proposed these and other tolerance
actions for pronamide in the Federal Register of November 15, 1995 (60
FR 57379). This final rule endorses both petition 3E4190, which was
submitted by IR-4 on behalf of the agricultural experiment station of
Washington State, and petition 5E4525 submitted by IR-4 on behalf of
the agricultural experiment station of Oregon State.
2. Comments from Rohm and Haas Company. A comment was received by
the Agency from Rohm and Haas Company concerning the addition of
radicchio greens (tops) to the list of approved commodities specified
in the proposed Federal Register notice of November 15, 1995 (60 FR
57379).
Agency response. In the Federal Register of October 26, 1994 (59 FR
53771), EPA issued a proposed rule that gave notice that the
Interregional Research Project No. 4 (IR-4) had submitted pesticide
petition PP 0E3907 to EPA on behalf of the agricultural experiment
station of California. The petition requested that EPA approve
pronamide and its metabolites for use in or on the raw agricultural
commodity radicchio greens (tops) at 2.0 parts per million (ppm). This
regulation became effective with the publication of the Federal
Register notice of January 25, 1995 (60 FR 4862). Therefore,
``radicchio'' greens (tops) at a tolerance of 2.0 ppm will be added
alphabetically into the list of commodities at 40 CFR 180.317(a).
The data considered 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
tolerances 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 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-300402A] (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
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.
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.
[[Page 10284]]
Dated: March 5, 1996.
Richard D. Schmitt,
Acting Director, Special Review and Reregistration 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. By revising Sec. 180.317, to read as follows:
Sec. 180.317 3,5-Dichloro-N-(1,1-dimethyl-2-propynyl)benzamide;
tolerances for residues.
(a) Tolerances are established for combined residue of the
herbicide 3,5-dichloro-N-(1,1-dimethyl-2-propynyl)benzamide and its
metabolites (containing the 3,5-dichlorobenzoyl moiety and calculated
as 3,5-dichloro-N-(1,1-dimethyl-2-propynyl)benzamide) in or on the
following raw agricultural commodities:
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Parts per
Commodity million
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Apples....................................................... 0.1
Artichokes................................................... 0.1
Blackberries................................................. 0.05
Blueberries.................................................. 0.05
Boysenberries................................................ 0.05
Cattle, fat.................................................. 0.02
Cattle, kidney............................................... 0.4
Cattle, liver................................................ 0.4
Cattle, mbyp (except kidney, liver).......................... 0.02
Cattle, meat................................................. 0.02
Eggs......................................................... 0.02
Endive (escarole)............................................ 1.0
Goats, fat................................................... 0.02
Goats, kidney................................................ 0.4
Goats, liver................................................. 0.4
Goats, mbyp (except kidney, liver)........................... 0.02
Goats, meat.................................................. 0.02
Grapes....................................................... 0.1
Hogs, fat.................................................... 0.02
Hogs, kidney................................................. 0.4
Hogs, liver.................................................. 0.4
Hogs, mbyp (except kidney, liver)............................ 0.02
Hogs, meat................................................... 0.02
Horses, fat.................................................. 0.02
Horses, kidney............................................... 0.4
Horses, liver................................................ 0.4
Horses, mbyp (except kidney, liver).......................... 0.02
Horses, meat................................................. 0.02
Lettuce...................................................... 1.0
Milk......................................................... 0.02
Nongrass animal feeds........................................ 10.0
Pears........................................................ 0.1
Poultry, fat................................................. 0.02
Poultry, kidney.............................................. 0.2
Poultry, liver............................................... 0.2
Poultry, mbyp (except kidney, liver)......................... 0.02
Poultry, meat................................................ 0.02
Radicchio, greens (tops)..................................... 2.0
Raspberries.................................................. 0.05
Sheep, fat................................................... 0.02
Sheep, kidney................................................ 0.4
Sheep, liver................................................. 0.4
Sheep, mbyp (except kidney, liver)........................... 0.02
Sheep, meat.................................................. 0.02
Stone fruits................................................. 0.1
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(b) Tolerances with regional registration are established for the
combined residues of the herbicide 3,5-dichloro-N-(1,1-dimethyl-2-
propynyl)benzamide and its metabolites (containing the 3,5
dichlorobenzoyl moiety and calculated as 3,5-dichloro-N-(1,1-dimethyl-
2-propynyl)benzamide) in or on the following raw agricultural
commodities:
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Parts per
Commodity million
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Peas, dried (winter)........................................ 0.05
Rhubarb..................................................... 0.1
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[FR Doc. 96-5986 Filed 3-12-96; 8:45 am]
BILLING CODE 6560-50-F
