[Federal Register Volume 61, Number 92 (Friday, May 10, 1996)]
[Rules and Regulations]
[Pages 21378-21380]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11338]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[PP 9F3714/R2214; FRL-5354-1]
RIN 2070-AB78
Fenoxaprop-Ethyl; Extension of Study Due Date and Time-Limited
Tolerances
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
SUMMARY: This rule extends the time-limited tolerances for fenoxaprop-
ethyl from April 12, l996 to November 1, l997. This time extension was
requested by AgrEvo USA Company to coordinate a delay in initiation of
a repeat oncogenicity study required to change the interim (time-
limited) tolerances, required for the use of fenoxaprop-ethyl in the
culture of wheat, to permanent tolerances. The originial petitioner was
Hoechst Celanese Corp. of North Somerville, NJ 08876. In l994 Hoechst
Celanese Corp. and NOR-AM Chemical formed a partnership Company, AgrEvo
USA Company; and AgrEvo USA
[[Page 21379]]
Company became the registrant of fenoxaprop-ethyl pesticide products.
EFFECTIVE DATE: May 10, 1996.
ADDRESSES: Written objections and hearing requests, identified by the
docket number [PP 9F3714/R2214] 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 copies of objections and hearing requests to: Rm.
1132, CM #2, 1921 Jefferson Davis Highway, 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.
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 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
9F3714/R2214]. 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: Joanne Miller (PM 23),
Registration Division (7505C), Office of Pesticide Programs, U. S.
Environmental Protection Agency, 401 M St., SW., Washington, DC 20460.
Office location and telephone number: Rm. 237, CM #2, 1921 Jefferson
Davis Hwy., Arlington, VA 22202, (Telephone No. (703-305-6226), e-mail:
miller.joanne@epamail.epa.gov.
SUPPLEMENTARY INFORMATION: Interim tolerances that expire April 12,
l996 were established for residues of fenoxaprop-ethyl on August 15,
l991. The petitioner, Hoechst Celanese Corp., agreed to submitting a
repeat mouse oncogenicity study within 4 years from the date of
registration of fenoxaprop-ethyl pesticide products for use in the
culture of wheat. The due date for the study data became April 12,
l996, 4 years and 8 months from the date of first registration of
fenoxaprop-ethyl in the culture of wheat. The added 8 months were to
allow adequate time for the Agency's review of the study. The
initiation of the mouse oncogenicity study was delayed due to the
Agency's requirement for a repeat range finding study. The time line
for submitting the study was extended to November 1, l996 to coordinate
it with the time required for reviewing the range finding study.
Considering the time required to review the study, the present action
extends the time-limited tolerances to November 1, l997. The time
alloted for Agency review of the study is presently 12 months. There is
no information and experience with the pesticide that indicate that
this action would pose significant risk to public health.
A ``Notice of Filing'' a request to amend pesticide petition (PP)
9F3714 by proposing to amend 40 CFR 180.430 to extend the time-limited
tolerances for residues of the herbicide Fenoxyaprop-ethyl was
published on in the Federal Register on April 3, 1996 (61 FR 14772-
14773) (FRL-5358-4). There were no substantive responses to the notice.
Only a typographical error was noted from the public. That error is
corrected in the present Final rule.
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 [PP 9F3714/R2214] (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
[[Page 21380]]
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.
Dated: April 29, 1996.
Stephen L. Johnson,
Director, Registration Division, Office of Pesticide Programs.
Therefore, 40 CFR, chapter I, 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. 180.430 by revising paragraph (b) to read as follows:
Sec. 180.430 Fenoxaprop-ethyl; tolerances for residues.
* * * * *
(b) Time-limited tolerances, to expire November 1, 1997, are
established for the combined residues of the herbicide fenoxaprop-ethyl
[() ethyl 2-[4-[(6-chloro-2-
benzoxazolyl)oxy]phenoxy]propanoate] and its metabolites [2-[4-[(6-
chloro-2-benzoxazoly)oxy]phenoxy]propanoic acid and 6-chloro-2,3-
dihydrobenzoxazol-2-one], each expressed as fenoxaprop-ethyl, in or on
the following raw agricultural commodities:
------------------------------------------------------------------------
Parts per
Commodities million
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Cattle, fat................................................ 0.05
Cattle, meat............................................... 0.05
Cattle, mbyp............................................... 0.05
Goats, fat................................................. 0.05
Goats, meat................................................ 0.05
Goats, mbyp................................................ 0.05
Hogs, fat.................................................. 0.05
Hogs, meat................................................. 0.05
Hogs, mbyp................................................. 0.05
Horses, fat................................................ 0.05
Horses, meat............................................... 0.05
Horses, mbyp............................................... 0.05
Milk....................................................... 0.02
Sheep, fat................................................. 0.05
Sheep, meat................................................ 0.05
Sheep, mbyp................................................ 0.05
Wheat, grain............................................... 0.05
Wheat, straw............................................... 0.05
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[FR Doc. 96-11338 Filed 5-09-96; 8:45 am]
BILLING CODE 6560-50-F
