[Federal Register Volume 60, Number 124 (Wednesday, June 28, 1995)]
[Proposed Rules]
[Pages 33386-33388]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-15440]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 185 and 186
[FAP 4H5683/P616; FRL-4959-1]
RIN 2070-AC18
Hexazinone; Food/Feed Additive Regulations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: This document proposes food and feed additive regulations for
residues of the herbicide hexazinone (3-cyclohexyl-6-(dimethylamino)-1-
methyl-1,3,5-triazine-2,4(1H,3H)-dione) and its metabolites (calculated
as hexazinone) in sugarcane molasses. Owing to a transmission error, a
previous proposal and final rule stipulated a tolerance of 0.5 part per
million (ppm), but the tolerance should have been stipulated as 5.0
ppm. EPA is proposing the food/feed additive regulations to establish
the tolerance that E.I. du Pont de Nemours & Co., Inc., petitioned for
under the Federal Food, Drug and Cosmetic Act
DATES: Comments, identified by the document control number [PP 4H5683/
P616], must be received on or before July 28, 1995.
ADDRESSES: By mail, submit written comments 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 comments to: Rm. 1132, CM#2,
1921 Jefferson Davis Highway, Arlington, VA 22202. Information
submitted as a comment concerning this document may be claimed
confidential by marking any part or all of that information as
``Confidential Business Information'' (CBI). Information so marked will
not be disclosed except in accordance with procedures set forth in 40
CFR part 2. A copy of the comment that does not contain CBI must be
submitted for inclusion in the public record. Information not marked
confidential may be disclosed publicly by EPA without prior notice. All
written comments will be available for public [[Page 33387]] inspection
in Rm. 1132 at the address given above, from 8 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal holidays.
Comments and data may also be submitted electronically by sending
electronic mail (e-mail) to: 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. Comments and data will also be
accepted on disks in WordPerfect in 5.1 file format or ASCII file
format. All comments and data in electronic form must be identified by
the docket number [FAP 4H5683/P616]. No Confidential Business
Information (CBI) should be submitted through e-mail. Electronic
comments on this proposed 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 I. Miller, Product
Manager (PM) 23, Registration Division, Office of Pesticide Programs,
Environmental Protection Agency, 401 M St., SW., Washington, DC 20460.
Office location and telephone number: Rm. 237, CM#2, 1921 Jefferson
Davis Highway, Arlington, VA 22202, 703-305-7830; e-mail:
miller.joanne@epamail.epa.gov.
SUPPLEMENTARY INFORMATION: In the Federal Register of March 22, 1995
(60 FR 15113), EPA issued a proposed rule that gave notice that E.I. du
Pont de Nemours & Co., Inc., had petitioned EPA under sections 408 and
409 of the Federal Food, Drug and Cosmetic Act (21 U.S.C. 346a and
348), to amend 40 CFR parts 180, 185, and 186 to establish tolerances
with regional registration for combined residues of the herbicide
hexazinone (3-cyclohexyl-6-(dimethylamino)-1-methyl-1,3,5-triazine-
2,4(1H,3H)-dione) and its metabolites (calculated as hexazinone) in or
on the raw agricultural commodity sugarcane at 0.2 part per million
(ppm), the food additive commodity sugarcane molasses at 0.5 ppm, and
the feed additive commodity sugarcane molasses at 0.5 ppm. The
tolerance and food/feed additive regulations were published as a final
rule in the Federal Register of May 17, 1995 (60 FR 26361). Because of
a tranmission error in the preparation of the prior Federal Register
notices, EPA established tolerances of 0.5 ppm for hexazinone in 40 CFR
185.3575 and 186.3575, but the correct tolerance petitioned for by
DuPont is 5.0 ppm. (The tolerance of 0.2 ppm for sugarcane in 40 CFR
180.396 is correct.)
EPA is proposing amendments to 40 CFR 185.3575 and 186.3575 to
establish the 5.0 ppm tolerances petitioned for by DuPont. The data and
other relevant material submitted with the petition (FAP 4H5683) and
discussed in the proposed rule of March 22, 1995 (60 FR 15113) remain
applicable to this proposal. EPA's prior risk assessment assumed the
sugarcane molasses tolerance would be set at 5.0 ppm.
The data submitted in the petition and other relevant material have
been evaluated. The pesticide is considered capable of achieving its
intended physical or technical effect. The toxicological data
considered in support of the proposed tolerance are discussed in the
proposal of March 22, 1995 (60 FR 15113).
Based on the above information considered by the Agency, the Agency
believes that use of the pesticide in accordance with tolerances
established by amending 40 CFR 185.3575 and 186.3575 would be safe.
Therefore, it is proposed that the food/feed additive regulations be
established as set forth below.
Interested persons are invited to submit written comments on the
proposed regulation. Comments must bear a notation indicating the
document control number, [FAP 6H5683/P616]. All written comments filed
in response to this petition will be available in the Public
Information Branch, at the address given above from 8 a.m. to 4:30
p.m., Monday through Friday, except legal holidays.
A record has been established for this rulemaking under docket
number [FAP 4H5683/P616] (including comments and data 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.
Electronic comments can 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 all comments 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.
The Office of Management and Budget has exempted this rule from the
requirements of Executive Order 12866.
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 185 and 186
Administrative practice and procedure, Agricultural commodities,
Pesticides and pests, Food additives, Feed additives, Reporting and
recordkeeping requirements.
Dated: June 9, 1995.
Peter Caulkins,
Acting Director, Registration Division, Office of Pesticide Programs.
Therefore, it is proposed that 40 CFR parts 185 and 186 be amended
as follows:
PART 185--[AMENDED]
1. 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 revising Sec. 185.3575, to read as follows:
Sec. 185.3575 Hexazinone; tolerances for residues.
A food additive tolerance with regional registration, as defined
in Sec. 180.1(n) and which excludes use of hexazinone on sugarcane in
Florida, is established for combined residues of the herbicide
hexazinone (3-cyclohexyl-6-(dimethylamino)-1-methyl-1,3,5-triazine-
2,4(1H,3H)-dione) and its metabolites (calculated as hexazinone) in or
on the following food commodity:
[[Page 33388]]
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Parts per
Commodity million
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Sugarcane, molasses........................................ 5.0
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PART 186--[AMENDED]
2. In part 186:
a. The authority citation for part 186 continues to read as
follows:
Authority: 21 U.S.C. 348.
b. By revising Sec. 186.3575, to read as follows:
Sec. 186.3575 Hexazinone; tolerances for residues.
A feed additive tolerance with regional registration, as defined
in Sec. 180.1(n) and which excludes use of hexazinone on sugarcane in
Florida, is established for combined residues of the herbicide
hexazinone (3-cyclohexyl-6-(dimethylamino)-1-methyl-1,3,5-triazine-
2,4(1H,3H)-dione) and its metabolites (calculated as hexazinone) in or
on the following feed commodity:
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Parts per
Commodity million
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Sugarcane, molasses........................................ 5.0
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[FR Doc. 95-15440 Filed 6-27-95; 8:45 am]
BILLING CODE 6560-50-F
