98-18075. Pesticides; Residue Data Guidelines on Grass Seed Screenings and Straw; Notice of Availability and Solicitation of Comments

[Federal Register Volume 63, Number 130 (Wednesday, July 8, 1998)]
[Notices]
[Pages 36904-36905]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-18075]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-00543; FRL-5798-8]


Pesticides; Residue Data Guidelines on Grass Seed Screenings and 
Straw; Notice of Availability and Solicitation of Comments

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This Federal Register notice announces the availability of the 
draft Pesticide Registration (PR) Notice entitled ``Residue Data 
Guidelines on Grass Seed Screenings and Straw.'' EPA is soliciting 
comments on the proposed guidance amending and clarifying EPA's policy 
on data for grass seed screenings and straw derived from grass grown 
for seed. If, after reviewing any comments, EPA determines that changes 
to the PR Notice are warranted, the Agency will revise the draft PR 
Notice prior to release.

DATES: Written comments must be received on or before August 24, 1998.

ADDRESSES: By mail, submit written comments to: Public Information and 
Records Integrity Branch, Information Resources and Services Division 
(7502C), Office of Pesticide Programs, Environmental Protection Agency, 
401 M St., SW., Washington, DC 20460. In person, deliver comments to: 
Rm. 119, CM #2, 1921 Jefferson Davis Highway, Arlington, VA.
    Comments and data may also be submitted electronically to: [e-mail]. Follow the instructions under Unit III. of this 
document. No Confidential Business Information (CBI) should be 
submitted through e-mail.
    Information submitted as a comment concerning this document may be 
claimed confidential by marking any part or all of that information as 
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 will be included in the 
public docket by EPA without prior notice. The public

[[Page 36905]]

docket is available for public inspection in Rm. 119 at the Virginia 
address given above, from 8:30 a.m. to 4 p.m., Monday through Friday, 
excluding legal holidays.
    For a copy of the PR Notice, contact William Hazel at the telephone 
number or address listed below.

FOR FURTHER INFORMATION CONTACT: By mail: William Hazel, Office of 
Pesticides Program, Health Effects Division (7509C), Environmental 
Protection Agency, 401 M St., SW., Washington, DC 20460. Office 
location and telephone number: 6E, Crystal Station #1, 2800 Crystal 
Drive, Arlington, VA, (703) 305- 7677, fax: [phone], e-mail: 
[e-mail].
SUPPLEMENTARY INFORMATION:

I. Electronic Availability

A. Internet

    Electronic copies of this document and the draft PR Notice also are 
available from the EPA Home Page at the Federal Register - 
Environmental Documents entry for this document under ``Laws and 
Regulations'' (http://www.epa.gov/fedrgstr/).

B. Fax-on-Demand

    For Fax-on-Demand, use a faxphone to call 202-401-0527 and select 
item 6114 for a copy of the PR Notice.

II. Summary of the PR Notice

    The draft PR Notice proposes that grass seed screenings and straw 
derived from grass grown for seed should be commodities on which 
residue data are provided. Under this amended policy, EPA would 
establish pesticide tolerances for these commodities based on such data 
if such tolerances are consistent with the safety standard under FFDCA.
    Currently, the Residue Chemistry Guidelines (OPPTS 860 Series) do 
not clearly define whether data should be provided for pesticide 
residues in grass grown for seed. In the absence of such data, EPA 
cannot set tolerances for pesticide residues in animal commodities 
derived from grass grown for seed. In addition, on at least three 
occasions, concerns have been expressed by state regulatory agencies 
and some segments of the agricultural community in the Northwest over 
the absence of tolerances for residues of pesticides in grass seed 
screenings and straw.
    Grass seed screenings were listed in the June 1994 version of Table 
II of the Subdivision O Guidelines as a raw agricultural commodity 
(RAC) and livestock feedstuff. However, in July 1995, the screenings 
were dropped from the table because they were not considered to be a 
significant livestock feed item by the criteria developed at that time. 
Based on the concerns raised by the various groups in the Northwest, 
EPA has reexamined this decision.
    In conjunction with the deletion of minor feed commodities from 
Table 1 of the OPPTS Test Guidelines 860.1000 in 1996, EPA revoked 
tolerances for pesticide residues in or on those feed commodities. EPA 
did not intend for these revocations to have the consequence of 
rendering these commodities adulterated under FFDCA if they contain 
pesticide residues. To address this situation, EPA issued the following 
interpretation of its tolerance regulations:

    It is not EPA's intention that [revocation of tolerances for 
insignificant feed items] should have the effect of rendering the 
affected commodities adulterated due to the absence of a tolerance. 
Rather, EPA interprets its tolerance regulation for the principal 
RAC [raw agricultural commodities] as covering any insignificant 
livestock feed commodities (i.e., those not in Table I) of that crop 
as provided below. (62 FR 66020, December 17, 1997)

    This interpretation addresses most of the insignificant feed 
commodities dropped from Table 1. However, this interpretation would 
not apply to grass seed screenings because there is no RAC associated 
with this feed item. Accordingly, EPA is proposing to reinstitute grass 
seed screenings as a livestock feed item on Table 1 of the OPPTS Test 
Guidelines 860.1000. This step would provide guidance to affected 
parties that residue data should be submitted on these commodities and 
the submission of these data would allow EPA to establish tolerances on 
these commodities. In addition, grass straw would be added to Table 1 
of Guideline 860.1000 based on changes in practices and the resulting 
increasing use as a livestock feed.

III. Public Record and Electronic Submissions

    The official record for this action, as well as the public version, 
has been established for this action under docket control number ``OPP-
00543'' (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 8:30 a.m. 
to 4 p.m., Monday through Friday, excluding legal holidays. The public 
record is located at the Virginia address in ``ADDRESSES'' at the 
beginning of this document.
    Electronic comments can be sent directly to EPA at:
    [e-mail]


    Electronic comments must be submitted as an ASCII file avoiding the 
use of special characters and any form of encryption. Comment and data 
will also be accepted on disks in Wordperfect 5.1/6.1 or ASCII file 
format. All comments and data in electronic form must be identified by 
the docket control number ``OPP-00543.'' Electronic comments on this 
document may be filed online at many Federal Depository Libraries.

List of Subjects

    Environmental protection, Pesticides.

    Dated: July 1, 1998.
James Jones,
Director, Registration Division, Office of Pesticide Programs.

[FR Doc. 98-18075 Filed 7-7-98; 8:45 am]
BILLING CODE 6560-50-F