96-15481. Quizalofop Ethyl; Pesticide Tolerance for Use on Pineapple  

  • [Federal Register Volume 61, Number 119 (Wednesday, June 19, 1996)]
    [Rules and Regulations]
    [Pages 31041-31042]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 96-15481]
    
    
    
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    ENVIRONMENTAL PROTECTION AGENCY
    40 CFR Part 180
    
    [PP 5E4590/R2243; FRL-5373-5]
    RIN 2070-AB78
    
    
    Quizalofop Ethyl; Pesticide Tolerance for Use on Pineapple
    
    AGENCY: Environmental Protection Agency (EPA).
    
    ACTION: Final rule.
    
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    SUMMARY: This document establishes a tolerance for the combined 
    residues of the herbicide quizalofop-p ethyl ester, its acid metabolite 
    quizalofop-p, and the S enantiomers of both the ester and the acid, all 
    expressed as quizalofop-p ethyl ester, in or on the raw agricultural 
    commodity pineapple. The Interregional Research Project No. 4 (IR-4) 
    requested the regulation to establish a maximum permissible level for 
    residues of the herbicide pursuant to the Federal Food, Drug and 
    Cosmetic Act (FFDCA).
    
    EFFECTIVE DATE: This regulation becomes effective June 19, 1996.
    
    ADDRESSES: Written objections and hearing requests, identified by the 
    docket number, [PP 5E4590/R2243], 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 
    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.
        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 5E4590/R2243]. 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: 
    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 26, 1996 
    (61 FR 18536), EPA issued a proposed rule (FRL-5363-5) 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) 5E4590 to EPA on behalf of the 
    Hawaii Agricultural Experiment Station. This petition requests that the 
    Administrator, pursuant to section 408(e) of the FFDCA, 21 U.S.C. 
    346a(e) amend 40 CFR 180.441 by establishing a tolerance for the 
    combined residues of the herbicide quizalofop-p ethyl ester [ethyl (R)-
    (2-[4-((6-chloroquinoxalin-2-yl)oxy)phenoxy] propionate], its acid 
    metabolite quizalofop-p [R-(2-(4-((6-chloroquinoxalin-2-
    yl)oxy)phenoxy]) propanoic acid], and the S enantiomers of the ester 
    and the acid, all expressed as quizalofop-p ethyl ester, in or on the 
    raw agricultural commodity pineapple at 0.1 part per million (ppm). The 
    petitioner proposed that this use of quizalofop ethyl be limited to 
    Hawaii based on the geographical representation of the residue data 
    submitted. Additional residue data will be required to expand the area 
    of usage. Persons seeking geographically broader registration should 
    contact the Agency's Registration Division at the address provided 
    above.
        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 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).
        A record has been established for this rulemaking under docket 
    number [PP 5E4590/R2243] (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
    
    [[Page 31042]]
    
    Branch, Field Operations Division (7506C), Office of Pesticide 
    Programs, Environmental Protection Agency, Crystal Mall #2, 1921 
    Jefferson Davis Highway, Arlington, VA.
        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 ``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 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 
    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 for 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 4, 1996.
    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. 180.441, by adding a new paragraph (d), to read as 
    follows:
    
    
    Sec. 180.441   Quizalofop ethyl; tolerances for residues.
    
    *    *    *    *    *
        (d) Tolerances with regional registration, as defined in 
    Sec. 180.1(n), are established for the combined residues of the 
    herbicide quizalofop-p ethyl ester [ethyl (R)-2-[4-((6-
    chloroquinoxalin-2-yl)oxy)phenoxy] propionate], its acid metabolite 
    quizalofop-p [R-(2-[4-((6-chloroquinoxalin-2-yl)oxy)phenoxy]) propanoic 
    acid], and the S enantiomers of both the ester and the acid, all 
    expressed as quizalofop-p ethyl ester, in or the raw agricultural 
    commodities, as follows:
    
    ------------------------------------------------------------------------
                                                                  Parts per 
                             Commodity                             million  
    ------------------------------------------------------------------------
                                                                            
                  *        *        *        *        *                     
    Pineapple..................................................          0.1
                                                                            
                  *        *        *        *        *                     
    ------------------------------------------------------------------------
    
    *    *    *    *    *
    
    [FR Doc. 96-15481 Filed 6-18-96; 8:45 am]
    BILLING CODE 6560-50-F
    
    

Document Information

Effective Date:
6/19/1996
Published:
06/19/1996
Department:
Environmental Protection Agency
Entry Type:
Rule
Action:
Final rule.
Document Number:
96-15481
Dates:
This regulation becomes effective June 19, 1996.
Pages:
31041-31042 (2 pages)
Docket Numbers:
PP 5E4590/R2243, FRL-5373-5
RINs:
2070-AB78
PDF File:
96-15481.pdf
CFR: (2)
40 CFR 180.1(n)
40 CFR 180.441