98-24846. Propyzamide; Pesticide Tolerances for Emergency Exemptions  

  • [Federal Register Volume 63, Number 179 (Wednesday, September 16, 1998)]
    [Rules and Regulations]
    [Pages 49479-49487]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 98-24846]
    
    
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    ENVIRONMENTAL PROTECTION AGENCY
    
    40 CFR Part 180
    
    [OPP-300699; FRL-6022-5]
    RIN 2070-AB78
    
    
    Propyzamide; Pesticide Tolerances for Emergency Exemptions
    
    AGENCY: Environmental Protection Agency (EPA).
    
    ACTION: Final rule.
    
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    SUMMARY: This regulation establishes time-limited tolerances for 
    combined residues of propyzamide (pronamide) and its metabolites 
    containing the 3,5-dichlorobenzoyl moiety (calculated as 3,5-dichloro-
    N-(1,1-dimethyl-2-propynyl)benzamide) in or on cranberries, grass hay, 
    and grass forage. This action is in response to EPA's granting of 
    emergency exemptions under section 18 of the Federal
    
    [[Page 49480]]
    
    Insecticide, Fungicide, and Rodenticide Act authorizing use of the 
    pesticide on cranberries, and on grass grown for seed. This regulation 
    establishes maximum permissible levels for residues of propyzamide in 
    these food and feed commodities pursuant to section 408(l)(6) of the 
    Federal Food, Drug, and Cosmetic Act, as amended by the Food Quality 
    Protection Act of 1996. The tolerances will expire and are revoked on 
    December 31, 1999.
    
    DATES: This regulation is effective September 16, 1998. Objections and 
    requests for hearings must be received by EPA on or before November 16, 
    1998.
    
    ADDRESSES: Written objections and hearing requests, identified by the 
    docket control number, [OPP-300699], must 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 identified by the docket 
    control number, [OPP-300699], must also be submitted 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, 
    bring a copy of objections and hearing requests to Rm. 119, CM #2, 1921 
    Jefferson Davis Hwy., Arlington, VA.
        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 5.1/6.1 
    file format or ASCII file format. All copies of objections and hearing 
    requests in electronic form must be identified by the docket control 
    number [OPP-300699]. 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.
    
    FOR FURTHER INFORMATION CONTACT: Telephone numbers and e-mail 
    addresses: For propyzamide on cranberries: Andrew Ertman, (703) 308-
    9367, e-mail: ertman.andrew@epamail.epa.gov; for propyzamide on grass 
    grown for seed: Andrea Beard (703) 308-9356, e-mail: 
    beard.andrea@epamail.epa.gov. Office location (both): Crystal Mall #2, 
    1921 Jefferson Davis Hwy., Arlington, VA. By mail (both): Registration 
    Division 7505C, Office of Pesticide Programs, Environmental Protection 
    Agency, 401 M St., SW., Washington, DC 20460.
    
    SUPPLEMENTARY INFORMATION: EPA, on its own initiative, pursuant to 
    section 408(e) and (l)(6) of the Federal Food, Drug, and Cosmetic Act 
    (FFDCA), 21 U.S.C. 346a(e) and (l)(6), is establishing tolerances for 
    combined residues of the herbicide propyzamide (pronamide) and its 
    metabolites, in or on cranberries at 0.05 part per million (ppm), and 
    in or on grass forage at 1 ppm and grass hay at 0.5 ppm. These 
    tolerances will expire and are revoked on December 31, 1999. EPA will 
    publish a document in the Federal Register to remove the revoked 
    tolerances from the Code of Federal Regulations.
    
    I. Background and Statutory Authority
    
        The Food Quality Protection Act of 1996 (FQPA) (Pub. L. 104-170) 
    was signed into law August 3, 1996. FQPA amends both the Federal Food, 
    Drug, and Cosmetic Act (FFDCA), 21 U.S.C. 301 et seq., and the Federal 
    Insecticide, Fungicide, and Rodenticide Act (FIFRA), 7 U.S.C. 136 et 
    seq. The FQPA amendments went into effect immediately. Among other 
    things, FQPA amends FFDCA to bring all EPA pesticide tolerance-setting 
    activities under a new section 408 with a new safety standard and new 
    procedures. These activities are described below and discussed in 
    greater detail in the final rule establishing the time-limited 
    tolerance associated with the emergency exemption for use of 
    propiconazole on sorghum (61 FR 58135, November 13, 1996)(FRL-5572-9).
        New section 408(b)(2)(A)(i) of the FFDCA allows EPA to establish a 
    tolerance (the legal limit for a pesticide chemical residue in or on a 
    food) only if EPA determines that the tolerance is ``safe.'' Section 
    408(b)(2)(A)(ii) defines ``safe'' to mean that ``there is a reasonable 
    certainty that no harm will result from aggregate exposure to the 
    pesticide chemical residue, including all anticipated dietary exposures 
    and all other exposures for which there is reliable information.'' This 
    includes exposure through drinking water and in residential settings, 
    but does not include occupational exposure. Section 408(b)(2)(C) 
    requires EPA to give special consideration to exposure of infants and 
    children to the pesticide chemical residue in establishing a tolerance 
    and to ``ensure that there is a reasonable certainty that no harm will 
    result to infants and children from aggregate exposure to the pesticide 
    chemical residue. . . .''
        Section 18 of FIFRA authorizes EPA to exempt any Federal or State 
    agency from any provision of FIFRA, if EPA determines that ``emergency 
    conditions exist which require such exemption.'' This provision was not 
    amended by FQPA. EPA has established regulations governing such 
    emergency exemptions in 40 CFR part 166.
        Section 408(l)(6) of the FFDCA requires EPA to establish a time-
    limited tolerance or exemption from the requirement for a tolerance for 
    pesticide chemical residues in food that will result from the use of a 
    pesticide under an emergency exemption granted by EPA under section 18 
    of FIFRA. Such tolerances can be established without providing notice 
    or period for public comment.
        Because decisions on section 18-related tolerances must proceed 
    before EPA reaches closure on several policy issues relating to 
    interpretation and implementation of the FQPA, EPA does not intend for 
    its actions on such tolerance to set binding precedents for the 
    application of section 408 and the new safety standard to other 
    tolerances and exemptions.
    
    II. Emergency Exemptions for Propyzamide (Pronamide) and FFDCA 
    Tolerances
    
        Propyzamide on Cranberries: Dodder is a serious and devastating 
    pest in commercial cranberry production as well as many other 
    agricultural crops. It is an obligate shoot parasite that, in order to 
    survive, must make a successful attachment to a host plant. The body of 
    the organism consists of thin, yellow, twining stems that produce small 
    clusters of white flowers and can form a dense mat of ``spaghetti-
    like'' stems on top of infected plants. Dodder is prolific in its seed 
    production, and produces seeds in capsules that are contained in large 
    air spaces and are thus very buoyant. With the widespread adoption of 
    water harvesting, dodder infestations have become practically 
    ubiquitous in the Massachusetts production area. The detrimental impact 
    of dodder infestations on cranberry yields have been reported widely in 
    scientific journals, extension publications and internal memorandum. 
    Yield losses can range from 12% in slight infestations up to 100% in 
    severe infestations. Currently registered herbicides have not been 
    totally effective, leading to a steady increase in dodder infestations.
    
    [[Page 49481]]
    
        Propyzamide on Grasses grown for seed: Because of cancellation of 
    several herbicide uses in recent years, a shift in weed populations and 
    the development of resistance, plus restrictions imposed on open field 
    burning, grass growers are no longer able to control weeds adequately 
    with registered materials and cultural methods. The Applicants claim 
    that if weeds are not adequately controlled, growers will incur 
    significant economic losses due to reduced yields, and from losses due 
    to contaminated seed, and replanting of fields that do not meet 
    certification requirements. The Applicant proposed use of propyzamide, 
    in conjunction with several other herbicides, to comprise a 
    comprehensive management system to solve the current weed control 
    problems in grass seed production.
        EPA has authorized under FIFRA section 18 the use of propyzamide on 
    cranberries for control of dodder in Massachusetts, and on grasses 
    grown for seed to control grassy weeds in Oregon. After having reviewed 
    the submissions, EPA concurs that emergency conditions exist for these 
    states.
        As part of its assessment of this emergency exemption, EPA assessed 
    the potential risks presented by residues of propyzamide in or on 
    cranberries and grass hay and forage. In doing so, EPA considered the 
    new safety standard in FFDCA section 408(b)(2), and EPA decided that 
    the necessary tolerances under FFDCA section 408(l)(6) would be 
    consistent with the new safety standard and with FIFRA section 18. 
    Consistent with the need to move quickly on the emergency exemption in 
    order to address an urgent non-routine situation and to ensure that the 
    resulting food is safe and lawful, EPA is issuing these tolerances 
    without notice and opportunity for public comment under section 408(e), 
    as provided in section 408(l)(6). Although these tolerances will expire 
    and are revoked on December 31, 1999, under FFDC a section 408(l)(5), 
    residues of the pesticide not in excess of the amounts specified in the 
    tolerances remaining in or on cranberries or grass hay or grass forage 
    after that date will not be unlawful, provided the pesticide is applied 
    in a manner that was lawful under FIFRA, and the residues do not exceed 
    a level that was authorized by these tolerances at the time of that 
    application. EPA will take action to revoke these tolerances earlier if 
    any experience with, scientific data on, or other relevant information 
    on this pesticide indicate that the residues are not safe.
        Because these tolerances are being approved under emergency 
    conditions EPA has not made any decisions about whether propyzamide 
    meets EPA's registration requirements for use on cranberries or grasses 
    grown for seed or whether permanent tolerances for these uses would be 
    appropriate. Under these circumstances, EPA does not believe that these 
    tolerances serve as a basis for registration of propyzamide by a State 
    for special local needs under FIFRA section 24(c). Nor do these 
    tolerances serve as the basis for any State other than Massachusetts or 
    Oregon to use this pesticide on the specified crops under section 18 of 
    FIFRA without following all provisions of section 18 as identified in 
    40 CFR part 166. For additional information regarding these emergency 
    exemptions for propyzamide, contact the Agency's Registration Division 
    at the address provided above.
    
    III. Risk Assessment and Statutory Findings
    
        EPA performs a number of analyses to determine the risks from 
    aggregate exposure to pesticide residues. First, EPA determines the 
    toxicity of pesticides based primarily on toxicological studies using 
    laboratory animals. These studies address many adverse health effects, 
    including (but not limited to) reproductive effects, developmental 
    toxicity, toxicity to the nervous system, and carcinogenicity. Second, 
    EPA examines exposure to the pesticide through the diet (e.g., food and 
    drinking water) and through exposures that occur as a result of 
    pesticide use in residential settings.
    
    A. Toxicity
    
        1. Threshold and non-threshold effects. For many animal studies, a 
    dose response relationship can be determined, which provides a dose 
    that causes adverse effects (threshold effects) and doses causing no 
    observed effects (the ``no-observed effect level'' or ``NOEL'').
        Once a study has been evaluated and the observed effects have been 
    determined to be threshold effects, EPA generally divides the NOEL from 
    the study with the lowest NOEL by an uncertainty factor (usually 100 or 
    more) to determine the Reference Dose (RfD). The Rfd is a level at or 
    below which daily aggregate exposure over a lifetime will not pose 
    appreciable risks to human health. An uncertainty factor (sometimes 
    called a ``safety factor'') of 100 is commonly used since it is assumed 
    that people may be up to 10 times more sensitive to pesticides than the 
    test animals, and that one person or subgroup of the population (such 
    as infants and children) could be up to 10 times more sensitive to a 
    pesticide than another. In addition, EPA assesses the potential risks 
    to infants and children based on the weight of the evidence of the 
    toxicology studies and determines whether an additional uncertainty 
    factor is warranted. Thus, an aggregate daily exposure to a pesticide 
    residue at or below the Rfd (expressed as 100 percent or less of the 
    RfD) is generally considered acceptable by EPA. EPA generally uses the 
    RfD to evaluate the chronic risks posed by pesticide exposure. For 
    shorter term risks, EPA calculates a margin of exposure (MOE) by 
    dividing the estimated human exposure into the NOEL from the 
    appropriate animal study. Commonly, EPA finds MOEs lower than 100 to be 
    unacceptable. This 100-fold MOE is based on the same rationale as the 
    100-fold uncertainty factor.
        Lifetime feeding studies in two species of laboratory animals are 
    conducted to screen pesticides for cancer effects. When evidence of 
    increased cancer is noted in these studies, the Agency conducts a 
    weight of the evidence review of all relevant toxicological data 
    including short-term and mutagenicity studies and structure activity 
    relationship. Once a pesticide has been classified as a potential human 
    carcinogen, different types of risk assessments (e.g., linear low dose 
    extrapolations or MOE calculation based on the appropriate NOEL) will 
    be carried out based on the nature of the carcinogenic response and the 
    Agency's knowledge of its mode of action.
        2. Differences in toxic effect due to exposure duration. The 
    toxicological effects of a pesticide can vary with different exposure 
    durations. EPA considers the entire toxicity data base, and based on 
    the effects seen for different durations and routes of exposure, 
    determines which risk assessments should be done to assure that the 
    public is adequately protected from any pesticide exposure scenario. 
    Both short and long durations of exposure are always considered. 
    Typically, risk assessments include ``acute'', ``short-term'', 
    ``intermediate term'', and ``chronic'' risks. These assessments are 
    defined by the Agency as follows.
        Acute risk, by the Agency's definition, results from 1-day 
    consumption of food and water, and reflects toxicity which could be 
    expressed following a single oral exposure to the pesticide residues. 
    High end exposure to food and water residues are typically assumed.
        Short-term risk results from exposure to the pesticide for a period 
    of 1-7 days, and therefore overlaps with the acute risk assessment. 
    Historically, this risk assessment was intended to address
    
    [[Page 49482]]
    
    primarily dermal and inhalation exposure which could result, for 
    example, from residential pesticide applications. However, since 
    enaction of FQPA, this assessment has been expanded to include both 
    dietary and non-dietary sources of exposure, and will typically 
    consider exposure from food, water, and residential uses when reliable 
    data are available. In this assessment, risks from average food and 
    water exposure, and high-end residential exposure, are aggregated. 
    High-end exposures from all 3 sources are not typically added because 
    of the very low probability of this occurring in most cases, and 
    because the other conservative assumptions built into the assessment 
    assure adequate protection of public health. However, for cases in 
    which high-end exposure can reasonably be expected from multiple 
    sources (e.g. frequent and widespread homeowner use in a specific 
    geographical area), multiple high-end risks will be aggregated and 
    presented as part of the comprehensive risk assessment/
    characterization. Since the toxicological endpoint considered in this 
    assessment reflects exposure over a period of at least 7 days, an 
    additional degree of conservatism is built into the assessment; i.e., 
    the risk assessment nominally covers 1-7 days exposure, and the 
    toxicological endpoint/NOEL is selected to be adequate for at least 7 
    days of exposure. (Toxicity results at lower levels when the dosing 
    duration is increased.)
        Intermediate-term risk results from exposure for 7 days to several 
    months. This assessment is handled in a manner similar to the short-
    term risk assessment.
        Chronic risk assessment describes risk which could result from 
    several months to a lifetime of exposure. For this assessment, risks 
    are aggregated considering average exposure from all sources for 
    representative population subgroups including infants and children.
    
    B. Aggregate Exposure
    
        In examining aggregate exposure, FFDCA section 408 requires that 
    EPA take into account available and reliable information concerning 
    exposure from the pesticide residue in the food in question, residues 
    in other foods for which there are tolerances, residues in groundwater 
    or surface water that is consumed as drinking water, and other non-
    occupational exposures through pesticide use in gardens, lawns, or 
    buildings (residential and other indoor uses). Dietary exposure to 
    residues of a pesticide in a food commodity are estimated by 
    multiplying the average daily consumption of the food forms of that 
    commodity by the tolerance level or the anticipated pesticide residue 
    level. The Theoretical Maximum Residue Contribution (TMRC) is an 
    estimate of the level of residues consumed daily if each food item 
    contained pesticide residues equal to the tolerance. In evaluating food 
    exposures, EPA takes into account varying consumption patterns of major 
    identifiable subgroups of consumers, including infants and children. 
    The TMRC is a ``worst case'' estimate since it is based on the 
    assumptions that food contains pesticide residues at the tolerance 
    level and that 100% of the crop is treated by pesticides that have 
    established tolerances. If the TMRC exceeds the RfD or poses a lifetime 
    cancer risk that is greater than approximately one in a million, EPA 
    attempts to derive a more accurate exposure estimate for the pesticide 
    by evaluating additional types of information (anticipated residue dat 
    a and/or percent of crop treated data) which show, generally, that 
    pesticide residues in most foods when they are eaten are well below 
    established tolerances.
        Percent of crop treated estimates are derived from federal and 
    private market survey data. Typically, a range of estimates are 
    supplied and the upper end of this range is assumed for the exposure 
    assessment. By using this upper end estimate of percent of crop 
    treated, the Agency is reasonably certain that exposure is not 
    understated for any significant subpopulation group. Further, regional 
    consumption information is taken into account through EPA's computer-
    based model for evaluating the exposure of significant subpopulations 
    including several regional groups, to pesticide residues. For this 
    pesticide, the most highly exposed population subgroup (Non-Nursing 
    Infants <1 year="" old)="" was="" not="" regionally="" based.="" iv.="" aggregate="" risk="" assessment="" and="" determination="" of="" safety="" consistent="" with="" section="" 408(b)(2)(d),="" epa="" has="" reviewed="" the="" available="" scientific="" data="" and="" other="" relevant="" information="" in="" support="" of="" this="" action,="" epa="" has="" sufficient="" data="" to="" assess="" the="" hazards="" of="" propyzamide="" and="" to="" make="" a="" determination="" on="" aggregate="" exposure,="" consistent="" with="" section="" 408(b)(2),="" for="" time-limited="" tolerances="" for="" combined="" residues="" of="" propyzamide="" (pronamide)="" and="" its="" metabolites="" containing="" the="" 3,5-dichlorobenzoyl="" moiety="" (calculated="" as="" 3,5-dichloro-="" n-(1,1-dimethyl-2-propynyl)benzamide)="" on="" cranberries="" at="" 0.05="" ppm,="" on="" grass="" forage="" at="" 1.0="" ppm,="" and="" on="" grass="" hay="" at="" 0.5="" ppm.="" epa's="" assessment="" of="" the="" dietary="" exposures="" and="" risks="" associated="" with="" establishing="" the="" tolerances="" follows.="" a.="" toxicological="" profile="" epa="" has="" evaluated="" the="" available="" toxicity="" data="" and="" considered="" its="" validity,="" completeness,="" and="" reliability="" as="" well="" as="" the="" relationship="" of="" the="" results="" of="" the="" studies="" to="" human="" risk.="" epa="" has="" also="" considered="" available="" information="" concerning="" the="" variability="" of="" the="" sensitivities="" of="" major="" identifiable="" subgroups="" of="" consumers,="" including="" infants="" and="" children.="" the="" nature="" of="" the="" toxic="" effects="" caused="" by="" propyzamide="" are="" discussed="" below.="" 1.="" acute="" toxicity.="" none.="" for="" acute="" dietary="" risk="" assessment,="" epa="" has="" determined,="" based="" on="" the="" available="" data,="" that="" an="" acute="" dietary="" endpoint="" was="" not="" necessary="" for="" purposes="" of="" risk="" assessment.="" 2.="" short="" -="" and="" intermediate="" -="" term="" toxicity.="" epa="" has="" not="" identified="" any="" toxicity="" endpoints="" for="" short-="" or="" intermediate-term="" toxicity,="" and="" has="" determined,="" based="" on="" the="" data,="" that="" these="" risk="" assessments="" are="" not="" necessary.="" 3.="" chronic="" toxicity.="" epa="" has="" established="" the="" reference="" dose="" (rfd)="" for="" propyzamide="" at="" 0.08="" milligrams/kilogram="" body="" weight/day="" (mg/kg="" bwt/="" day).="" the="" rfd="" was="" established="" based="" on="" a="" 2-year="" feeding="" study="" in="" rats="" with="" a="" noel="" of="" 8.46="" mg/kg/day="" and="" using="" an="" uncertainty="" factor="" of="" 100.="" the="" lowest="" observed="" effect="" level="" (loel)="" of="" 42.6="" mg/kg/day="" was="" based="" on="" decreased="" mean="" body="" weight="" and="" decreased="" mean="" body="" weight="" gain,="" increased="" relative="" liver="" weight,="" increased="" incidences="" of="" hepatic="" centrilobular="" hypertrophy,="" as="" well="" as="" eosinophilic="" cell="" alterations="" and="" thyroid="" follicular="" cell="" hypertrophy="" in="" both="" males="" and="" females.="" in="" females="" there="" was="" an="" increased="" incidence="" of="" ovarian="" hyperplasia.="" 4.="" carcinogenicity.="" propyzamide="" has="" been="" classified="" as="" a="" group="" b2="" (probable="" human="" carcinogen)="" chemical.="" the="" decision="" was="" based="" on="" the="" finding="" of="" two="" types="" of="" tumors="" in="" the="" rat="" (benign="" testicular="" interstitial="" cell="" tumors="" and="" thyroid="" follicular="" cell="" adenomas),="" and="" one="" type="" in="" the="" mouse="" (liver="" carcinomas).="" the="" agency="" recommended="" using="" the="">1* approach (Q1* = 0.01540) for purposes of risk 
    assessment.
    
    B. Exposures and Risks
    
        1. From food and feed uses. Tolerances have been established (40 
    CFR 180.317) for the residues of propyzamide, 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-
    
    [[Page 49483]]
    
    propynyl)benzamide) in or on a variety of raw agricultural commodities 
    at levels ranging from 0.02 ppm in milk to 10 ppm in nongrass animal 
    feeds. Risk assessments were conducted by EPA to assess dietary 
    exposures and risks from propyzamide as follows:
        i.  Acute exposure and risk. Acute dietary risk assessments are 
    performed for a food-use pesticide if a toxicological study has 
    indicated the possibility of an effect of concern occurring as a result 
    of a one day or single exposure. As the Agency did not identify an 
    acute dietary endpoint, no acute risk assessment was conducted.
        ii. Chronic exposure and risk. In conducting this chronic dietary 
    risk assessment, EPA has made partially refined assumptions. For 
    cranberries, the conservative assumptions of tolerance level residues 
    and 100% crop treated were used. Refinements to other commodities 
    included anticipated residues for lettuce, milk, eggs, and most poultry 
    commodities; additionally, percent of crop treated figures were 
    incorporated for small berries, grapes, cherries, stone fruits, pome 
    fruits, lettuce, and artichokes. All other commodities were assumed to 
    be 100% crop treated and to contain tolerance level residues.
        The existing propyzamide tolerances (published, pending, and 
    including the necessary section 18 tolerance(s)) result in an 
    Anticipated Residue Contributions (ARCs) that are equivalent to <1% of="" the="" rfd="" for="" all="" population="" subgroups,="" as="" shown="" below:="" ------------------------------------------------------------------------="" population="" subgroup="" arc="" (mg/kg/day)="" %rfd="" ------------------------------------------------------------------------="" u.s.="" population="" (48="" states).....="" 0.000151="" 0.19="" nursing="" infants=""><1 year="" old)...="" 0.000195="" 0.24="" non-nursing="" infants=""><1 year="" 0.000601="" 0.75="" old).="" children="" (1-6="" years="" old)........="" 0.000354="" 0.44="" children="" (7-12="" years="" old).......="" 0.000225="" 0.28="" ------------------------------------------------------------------------="" iii.="" cancer="" risk.="" propyzamide="" has="" been="" classified="" as="" a="" group="" b2="" (probable="" human="" carcinogen)="" chemical="" by="" the="" agency.="" the="" decision="" was="" based="" on="" the="" finding="" of="" two="" types="" of="" tumors="" in="" the="" rat="" (benign="" testicular="" interstitial="" cell="" tumors="" and="" thyroid="" follicular="" cell="" adenomas),="" and="" one="" type="" in="" the="" mouse="" (liver="" carcinomas).="" the="" agency="" recommended="" using="" the="">1* approach 
    (Q1*=0.01540(mg/kg/day)-1) for purposes of risk 
    assessment. Using the partially refined exposure estimates described 
    above, the cancer risk estimate for the U.S.population is 
    2.3 x 10-6. The contribution of propyzamide exposure 
    resulting from this section 18 use has been amortized for 5 years for 
    the purposes of this section 18 only. Although the cancer risk estimate 
    exceeds 1 x 10-6, this risk analysis assumed all the beef, 
    goat, sheep, and pork commodities contain tolerance level residues. 
    Although the milk, turkey, poultry, and egg commodities were assumed to 
    contain anticipated residues, the percent treated values used were 100. 
    These commodities contribute significantly to the diet. Therefore, if 
    anticipated residues were used for all commodities, and actual percent 
    treated values were used for all these animal commodities, it is 
    expected that the cancer risk estimate from food would fall below 
    1 x 10-6.
        2. From drinking water. Based on information in the Agency's files, 
    propyzamide is persistent and not mobile. There is no established 
    Maximum Contaminant Level for residues of propyzamide in drinking 
    water. A lifetime health advisory level of 0.05 mg/L for propyzamide in 
    drinking water has been established. The Agency utilized GENEEC and 
    SCIGROW computer modeling to estimate pesticide concentrations found in 
    surface and ground waters, respectively, thus providing a reasonable 
    and conservative upper-bound estimate for screening purposes, for use 
    in the human health risk assessment. For surface water, the chronic 
    (average 56-day) value is 8.3 parts per billion (ppb). The groundwater 
    screening concentration is 0.28 ppb.
        i. Acute exposure and risk. Because no acute dietary endpoint was 
    identified, no acute risk assessment was conducted.
        ii. Chronic exposure and risk. Chronic drinking water levels of 
    concern (DWLOC) for propyzamide were calculated based on the chronic 
    dietary (food) exposure estimates. A human health DWLOC is the 
    concentration in drinking water that would be acceptable as an upper 
    limit in light of total aggregate exposure to that chemical from food, 
    water, and non-occupational (residential) sources. It is current Agency 
    policy that the following subpopulations be addressed when calculating 
    drinking water levels of concern: US population (48 States), Males (13+ 
    years), Females (13+ years), and all infants/children and if other 
    adult populations greater than the U.S. population, the highest of them 
    also. In conducting these calculations, default body weights are used 
    of 70 kg (adult male), 60 kg (adult females), and 10 kg (child); 
    default consumption values of water are used of 2 liters perday for 
    adults and 1 liter per day for children. Using these assumptions and 
    the levels provided by the computer models, given above, the resultant 
    DWLOCs were calculated to be 2,800 ppb for the Overall US population 
    and Males (13-19), 2,400 ppb for Females (13-19 yrs. old), and 790 ppb 
    for the most highly exposed infant/children subpopulation, Non-Nursing 
    Infants (<1 year="" old).="" these="" values="" are="" substantially="" higher="" than="" the="" residue="" estimates="" calculated.="" therefore,="" chronic="" exposure="" to="" propyzamide="" residues="" in="" drinking="" water="" do="" not="" exceed="" the="" agency's="" level="" of="" concern.="" iii.="" cancer="" risk.="" the="" cancer="" risk="" estimate="" (food="" only)="" is="" not="" likely="" to="" exceed="" the="" agency's="" level="" of="" concern.="" in="" addition,="" in="" the="" agency's="" best="" scientific="" judgment,="" considering="" the="" conservative="" nature="" of="" the="" geneec="" surface="" water="" number="" of="" 8.3="" ppb,="" epa="" does="" not="" expect="" significant="" additional="" contribution="" to="" cancer="" risk="" from="" exposure="" to="" propyzamide="" in="" drinking="" water.="" 3.="" from="" non-dietary="" exposure.="" propyzamide="" is="" currently="" registered="" for="" use="" on="" numerous="" ornamental="" plants="" (including="" woody="" shrubs,="" shade="" trees,="" and="" ornamental="" turf);="" there="" are="" no="" indoor="" uses="" registered.="" however,="" all="" registered="" residential="" uses="" of="" propyzamide="" are="" currently="" inactive,="" and="" therefore="" residential="" uses="" are="" not="" a="" contributing="" factor="" to="" aggregate="" risk="" at="" this="" time.="" 4.="" cumulative="" exposure="" to="" substances="" with="" common="" mechanism="" of="" toxicity.="" section="" 408(b)(2)(d)(v)="" requires="" that,="" when="" considering="" whether="" to="" establish,="" modify,="" or="" revoke="" a="" tolerance,="" the="" agency="" consider="" ``available="" information''="" concerning="" the="" cumulative="" [[page="" 49484]]="" effects="" of="" a="" particular="" pesticide's="" residues="" and="" ``other="" substances="" that="" have="" a="" common="" mechanism="" of="" toxicity.''="" the="" agency="" believes="" that="" ``available="" information''="" in="" this="" context="" might="" include="" not="" only="" toxicity,="" chemistry,="" and="" exposure="" data,="" but="" also="" scientific="" policies="" and="" methodologies="" for="" understanding="" common="" mechanisms="" of="" toxicity="" and="" conducting="" cumulative="" risk="" assessments.="" for="" most="" pesticides,="" although="" the="" agency="" has="" some="" information="" in="" its="" files="" that="" may="" turn="" out="" to="" be="" helpful="" in="" eventually="" determining="" whether="" a="" pesticide="" shares="" a="" common="" mechanism="" of="" toxicity="" with="" any="" other="" substances,="" epa="" does="" not="" at="" this="" time="" have="" the="" methodologies="" to="" resolve="" the="" complex="" scientific="" issues="" concerning="" common="" mechanism="" of="" toxicity="" in="" a="" meaningful="" way.="" epa="" has="" begun="" a="" pilot="" process="" to="" study="" this="" issue="" further="" through="" the="" examination="" of="" particular="" classes="" of="" pesticides.="" the="" agency="" hopes="" that="" the="" results="" of="" this="" pilot="" process="" will="" increase="" the="" agency's="" scientific="" understanding="" of="" this="" question="" such="" that="" epa="" will="" be="" able="" to="" develop="" and="" apply="" scientific="" principles="" for="" better="" determining="" which="" chemicals="" have="" a="" common="" mechanism="" of="" toxicity="" and="" evaluating="" the="" cumulative="" effects="" of="" such="" chemicals.="" the="" agency="" anticipates,="" however,="" that="" even="" as="" its="" understanding="" of="" the="" science="" of="" common="" mechanisms="" increases,="" decisions="" on="" specific="" classes="" of="" chemicals="" will="" be="" heavily="" dependent="" on="" chemical="" specific="" data,="" much="" of="" which="" may="" not="" be="" presently="" available.="" although="" at="" present="" the="" agency="" does="" not="" know="" how="" to="" apply="" the="" information="" in="" its="" files="" concerning="" common="" mechanism="" issues="" to="" most="" risk="" assessments,="" there="" are="" pesticides="" as="" to="" which="" the="" common="" mechanism="" issues="" can="" be="" resolved.="" these="" pesticides="" include="" pesticides="" that="" are="" toxicologically="" dissimilar="" to="" existing="" chemical="" substances="" (in="" which="" case="" the="" agency="" can="" conclude="" that="" it="" is="" unlikely="" that="" a="" pesticide="" shares="" a="" common="" mechanism="" of="" activity="" with="" other="" substances)="" and="" pesticides="" that="" produce="" a="" common="" toxic="" metabolite="" (in="" which="" case="" common="" mechanism="" of="" activity="" will="" be="" assumed).="" propyzamide="" is="" a="" member="" of="" the="" substituted="" amides="" class="" of="" pesticides.="" however,="" epa="" does="" not="" have,="" at="" this="" time,="" available="" data="" to="" determine="" whether="" propyzamide="" has="" a="" common="" mechanism="" of="" toxicity="" with="" other="" substances="" or="" how="" to="" include="" this="" pesticide="" in="" a="" cumulative="" risk="" assessment.="" unlike="" other="" pesticides="" for="" which="" epa="" has="" followed="" a="" cumulative="" risk="" approach="" based="" on="" a="" common="" mechanism="" of="" toxicity,="" propyzamide="" does="" not="" appear="" to="" produce="" a="" toxic="" metabolite="" produced="" by="" other="" substances.="" for="" the="" purposes="" of="" this="" tolerance="" action,="" therefore,="" epa="" has="" not="" assumed="" that="" propyzamide="" has="" a="" common="" mechanism="" of="" toxicity="" with="" other="" substances.="" c.="" aggregate="" risks="" and="" determination="" of="" safety="" for="" u.s.="" population="" 1.="" acute="" risk.="" because="" no="" acute="" dietary="" endpoint="" was="" identified,="" no="" acute="" risk="" assessment="" was="" conducted.="" 2.="" chronic="" risk.="" using="" the="" arc="" exposure="" assumptions="" described="" above,="" epa="" has="" concluded="" that="" aggregate="" exposure="" to="" propyzamide="" from="" food="" will="" utilize="" 0.19%="" of="" the="" rfd="" for="" the="" u.s.="" population.="" the="" major="" identifiable="" subgroup="" with="" the="" highest="" aggregate="" exposure="" is="" non-="" nursing="" infants,="" with="" 0.75%="" of="" the="" rfd="" utilized,="" further="" discussed="" below.="" epa="" generally="" has="" no="" concern="" for="" exposures="" below="" 100%="" of="" the="" rfd="" because="" the="" rfd="" represents="" the="" level="" at="" or="" below="" which="" daily="" aggregate="" dietary="" exposure="" over="" a="" lifetime="" will="" not="" pose="" appreciable="" risks="" to="" human="" health.="" despite="" the="" potential="" for="" exposure="" to="" propyzamide="" in="" drinking="" water,="" epa="" does="" not="" expect="" the="" aggregate="" exposure="" to="" exceed="" 100%="" of="" the="" rfd.="" epa="" concludes="" that="" there="" is="" a="" reasonable="" certainty="" that="" no="" harm="" will="" result="" from="" aggregate="" exposure="" to="" propyzamide="" residues.="" 3.="" short-="" and="" intermediate-term="" risk.="" short-="" and="" intermediate-term="" aggregate="" exposure="" takes="" into="" account="" chronic="" dietary="" food="" and="" water="" (considered="" to="" be="" a="" background="" exposure="" level)="" plus="" indoor="" and="" outdoor="" residential="" exposure.="" because="" no="" endpoint="" was="" identified="" for="" this="" type="" of="" exposure,="" epa="" did="" not="" conduct="" a="" risk="" assessment="" for="" short-="" or="" intermediate-term="" exposure.="" d.="" aggregate="" cancer="" risk="" for="" u.s.="" population="" as="" discussed="" in="" the="" previous="" section,="" epa="" believes="" that="" if="" further="" refinement="" of="" residue="" and="" percent="" crop="" treated="" estimates="" were="" incorporated="" in="" to="" the="" risk="" assessment,="" the="" cancer="" risk="" from="" food="" would="" fall="" below="" 1="" x="">-6. Although the GENEEC drinking water 
    model indicates potential for low residues of propyzamide in water, it 
    is EPA's best scientific judgment that the total aggregate cancer risk 
    presented from propyzamide will not exceed 1 x 10-6, even if 
    drinking water exposures were to occur at the extremely conservative 
    screening levels estimated. Therefore, EPA concludes that there is a 
    reasonable certainty that no harm in the form of cancer will result 
    from aggregate exposure to propyzamide residues.
    
    E. Aggregate Risks and Determination of Safety for Infants and Children
    
        1. Safety factor for infants and children --i. In general. In 
    assessing the potential for additional sensitivity of infants and 
    children to residues of propyzamide, EPA considered data from 
    developmental toxicity studies in the rat and rabbit and a 2-generation 
    reproduction study in the rat. The developmental toxicity studies are 
    designed to evaluate adverse effects on the developing organism 
    resulting from maternal pesticide exposure during gestation. 
    Reproduction studies provide information relating to effects from 
    exposure to the pesticide on the reproductive capability of mating 
    animals and data on systemic toxicity.
        FFDCA section 408 provides that EPA shall apply an additional 
    tenfold margin of safety for infants and children in the case of 
    threshold effects to account for pre-and post-natal toxicity and the 
    completeness of the database unless EPA determines that a different 
    margin of safety will be safe for infants and children. Margins of 
    safety are incorporated into EPA risk assessments either directly 
    through use of a MOE analysis or through using uncertainty (safety) 
    factors in calculating a dose level that poses no appreciable risk to 
    humans. EPA believes that reliable data support using the standard MOE 
    and uncertainty factor (usually 100 for combined inter- and intra-
    species variability)) and not the additional tenfold MOE/uncertainty 
    factor when EPA has a complete data base under existing guidelines and 
    when the severity of the effect in infants or children or the potency 
    or unusual toxic properties of a compound do not raise concerns 
    regarding the adequacy of the standard MOE/safety factor.
        ii. Developmental toxicity studies. In the developmental study in 
    rats, there were no maternal (systemic) or developmental (fetal) 
    adverse effects observed at the highest dose tested (160 mg/kg/day).
        In the developmental toxicity study in rabbits, the maternal 
    (systemic) NOEL was 5 mg/kg/day. The LOEL of 20 mg/kg/day was based on 
    anorexia, vacuolated hepatocytes, and soiled anal area. The 
    developmental (fetal) NOEL was 20 mg/kg/day. The developmental LOEL of 
    80 mg/kg/day was based on increased number of absorptions and 
    abortions.
        iii. Reproductive toxicity study. In the 2-generation reproductive 
    toxicity study in rats, the parental (systemic) NOEL was 10 mg/kg/day 
    (200 ppm), based on decreased body weight, and decreased feed 
    consumption at the
    
    [[Page 49485]]
    
    LOEL of 75 mg/kg/day (1,500 ppm). The reproductive (pup) NOEL was also 
    10 mg/kg/day (200 ppm) based on decreased pup weight at the LOEL of 75 
    mg/kg/day (1,500 ppm).
        iv. Pre- and post-natal sensitivity. The toxicological database for 
    evaluating pre- and post-natal toxicity for propyzamide is complete 
    with respect to current data requirements. There are no pre- or post-
    natal toxicity concerns for infants and children, based on the results 
    of the rat and rabbit developmental toxicity studies as well as the 2-
    generation rat reproductive toxicity study.
        v. Conclusion. Based upon the available data, outlined above, EPA 
    scientists concluded that reliable data support the conclusion that 
    using the standard 100-fold uncertainty factor will provide adequate 
    protection for infants and children, and that an additional 10-fold 
    uncertainty factor is not warranted. EPA concludes that there is 
    reasonable certainty of safety for infants and children exposed to 
    dietary residues of propyzamide.
        2. Acute risk. Because no acute dietary endpoint was identified, no 
    acute risk assessment was conducted.
        3. Chronic risk. Using the conservative exposure assumptions 
    described above, EPA has concluded that aggregate exposure to 
    propyzamide from food will utilize from 0.24% to 0.75% of the RfD for 
    infants and children. EPA generally has no concern for exposures below 
    100% of the RfD because the RfD represents the level at or below which 
    daily aggregate dietary exposure over a lifetime will not pose 
    appreciable risks to human health. Despite the potential for exposure 
    to propyzamide in drinking water and from non-dietary, non-occupational 
    exposure, EPA does not expect the aggregate exposure to exceed 100% of 
    the RfD. EPA concludes that there is a reasonable certainty that no 
    harm will result to infants and children from aggregate exposure to 
    propyzamide residues.
        4. Short- or intermediate-term risk. Because no endpoint was 
    identified for short- or intermediate-term exposure, EPA did not 
    conduct a risk assessment for this type of exposure.
    
    V. Other Considerations
    
    A. Metabolism In Plants and Animals
    
        The nature of the residue in plants and animals is adequately 
    understood. The residues of concern are the parent compound and its 
    metabolites containing the 3,5-dichlorobenzoyl moiety, calculated as 
    3,5-dichloro-N-(1,1-dimethyl-2-propynyl)benzamide(as specified in 40 
    CFR 180.317) .
    
    B. Analytical Enforcement Methodology
    
        Adequate enforcement methodology (gas chromatography using electron 
    capture detection) is available to enforce the tolerance expression. 
    This method is published in PAM II, as method I.
    
    C. Magnitude of Residues
    
        Residues of propyzamide and its regulated metabolites are not 
    expected to exceed 0.05 ppm in/on cranberries, 0.5 ppm in/on grass hay, 
    and 1 ppm in/on grass forage, as a result of these section 18 uses. 
    Secondary residues in animal commodities are not expected from 
    cranberries, and secondary residues resulting form the grass use are 
    not expected to exceed established tolerances.
    
    D. International Residue Limits
    
        There are no Codex, Canadian, or Mexican maximum residue limits for 
    propyzamide on cranberries or grass commodities, so harmonization is 
    not an issue for these section 18 uses.
    
    E. Rotational Crop Restrictions
    
        Cranberries are not a rotated crop, and thus rotational crop 
    restrictions are not applicable. Fields in which certified grass seed 
    is grown are not normally rotated to other crops, and rotational crop 
    restrictions are not required for this use.
    
    VI. Conclusion
    
        Therefore, the tolerances are established for combined residues of 
    propyzamide in/on cranberries at 0.05 ppm, grass hay at 0.5 ppm, and 
    grass forage at 1 ppm.
    
    VII. Objections and Hearing Requests
    
        The new FFDCA section 408(g) provides essentially the same process 
    for persons to ``object'' to a tolerance regulation issued by EPA under 
    new section 408(e) and (l)(6) as was provided in the old section 408 
    and in section 409. However, the period for filing objections is 60 
    days, rather than 30 days. EPA currently has procedural regulations 
    which govern the submission of objections and hearing requests. These 
    regulations will require some modification to reflect the new law. 
    However, until those modifications can be made, EPA will continue to 
    use those procedural regulations with appropriate adjustments to 
    reflect the new law.
        Any person may, by November 16, 1998, file written objections to 
    any aspect of this 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 issues on which a hearing is requested, the 
    requestor's contentions on such issues, and a summary of any evidence 
    relied upon by the requestor (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 issues in the manner sought by the requestor would be adequate 
    to justify the action requested (40 CFR 178.32). Information submitted 
    in connection with an objection or hearing request 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 information 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.
    
    VIII. Public Record and Electronic Submissions
    
        EPA has established a record for this rulemaking under docket 
    control number [OPP-300699] (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 8:30 a.m. 
    to 4 p.m., Monday through Friday, excluding legal holidays. The public 
    record is located in Room 119 of the Public Information and Records 
    Integrity Branch, Information Resources and Services Division (7502C), 
    Office of Pesticide Programs, Environmental Protection Agency, Crystal 
    Mall #2, 1921 Jefferson Davis Highway, Arlington, VA.
    
    [[Page 49486]]
    
        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 
    Virginia address in ``ADDRESSES'' at the beginning of this document.
    
    IX. Regulatory Assessment Requirements
    
    A. Certain Acts and Executive Orders
    
        This final rule establishes a tolerance under FFDCA section 
    408(l)(6). The Office of Management and Budget (OMB) has exempted these 
    types of actions from review under Executive Order 12866, entitled 
    Regulatory Planning and Review (58 FR 51735, October 4, 1993). This 
    final rule does not contain any information collections subject to OMB 
    approval under the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et 
    seq., or impose any enforceable duty or contain any unfunded mandate as 
    described under Title II of the Unfunded Mandates Reform Act of 1995 
    (UMRA) (Pub. L. 104-4). Nor does it require any prior consultation as 
    specified by Executive Order 12875, entitled Enhancing the 
    Intergovernmental Partnership (58 FR 58-3, October 28, 1993), or 
    special considerations as required by Executive Order 12898, entitled 
    Federal Actions to Address Environmental Justice in Minority 
    Populations and Low-Income Populations (59 FR 7629, February 16, 1994), 
    or require OMB review in accordance with Executive Order 13045, 
    entitled Protection of Children from Environmental Health Risks and 
    Safety Risks (62 FR 19885, April 23, 1997).
    
    B. Executive Order 12875
    
        Under Executive Order 12875, entitled Enhancing Intergovernmental 
    Partnerships (58 FR 58093, October 28, 1993), EPA may not issue a 
    regulation that is not required by statute and that creates a mandate 
    upon a State, local or tribal government, unless the Federal government 
    provides the funds necessary to pay the direct compliance costs 
    incurred by those governments. If the mandate is unfunded, EPA must 
    provide to the Office of Management and Budget (OMB) a description of 
    the extent of EPA's prior consultation with representatives of affected 
    State, local and tribal governments, the nature of their concerns, 
    copies of any written communications from the governments, and a 
    statement supporting the need to issue the regulation. In addition, 
    Executive Order 12875 requires EPA to develop an effective process 
    permitting elected officials and other representatives of State, local 
    and tribal governments ``to provide meaningful and timely input in the 
    development of regulatory proposals containing significant unfunded 
    mandates.''
        Today's rule does not create an unfunded federal mandate on State, 
    local or tribal governments. The rule does not impose any enforceable 
    duties on these entities. Accordingly, the requirements of section 1(a) 
    of Executive Order 12875 do not apply to this rule.
    
    C. Executive Order 13084
    
        Under Executive Order 13084, entitled Consultation and Coordination 
    with Indian Tribal Governments (63 FR 27655, May 19,1998), EPA may not 
    issue a regulation that is not required by statute, that significantly 
    or uniquely affects the communities of Indian tribal governments, and 
    that imposes substantial direct compliance costs on those communities, 
    unless the Federal government provides the funds necessary to pay the 
    direct compliance costs incurred by the tribal governments. If the 
    mandate is unfunded, EPA must provide OMB, in a separately identified 
    section of the preamble to the rule, a description of the extent of 
    EPA's prior consultation with representatives of affected tribal 
    governments, a summary of the nature of their concerns, and a statement 
    supporting the need to issue the regulation. In addition, Executive 
    Order 13084 requires EPA to develop an effective process permitting 
    elected and other representatives of Indian tribal governments ``to 
    provide meaningful and timely input in the development of regulatory 
    policies on matters that significantly or uniquely affect their 
    communities.''
        Today's rule does not significantly or uniquely affect the 
    communities of Indian tribal governments. This action does not involve 
    or impose any requirements that affect Indian Tribes. Accordingly, the 
    requirements of section 3(b) of Executive Order 13084 do not apply to 
    this rule.
        In addition, since these tolerances and exemptions that are 
    established under FFDCA section 408(l)(6), such as the tolerance in 
    this final rule, do not require the issuance of a proposed rule, the 
    requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et 
    seq.) do not apply. Nevertheless, the Agency has previously assessed 
    whether establishing tolerances, exemptions from tolerances, raising 
    tolerance levels or expanding exemptions might adversely impact small 
    entities and concluded, as a generic matter, that there is no adverse 
    economic impact. The factual basis for the Agency's generic 
    certification for tolerance actions published on May 4, 1981 (46 FR 
    24950), and was provided to the Chief Counsel for Advocacy of the Small 
    Business Administration.
    
    X. Submission to Congress and the Comptroller General
    
        The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
    Small Business Regulatory Enforcement Fairness Act of 1996, generally 
    provides that before a rule may take effect, the Agency promulgating 
    the rule must submit a rule report, which includes a copy of the rule, 
    to each House of the Congress and to the Comptroller General of the 
    United States. EPA will submit a report containing this rule and other 
    required information to the U.S. Senate, the U.S. House of 
    Representatives, and the Comptroller General of the United States prior 
    to publication of this rule in the Federal Register. This rule is not a 
    ``major rule'' as defined by 5 U.S.C. 804(2).
    
    List of Subjects in 40 CFR Part 180
    
        Environmental protection, Administrative practice and procedure, 
    Agricultural commodities, Pesticides and pests, Reporting and 
    recordkeeping requirements.
    
        Dated: August 26, 1998.
    
    James Jones,
    Director, Registration Division, Office of Pesticide Programs.
    
        Therefore, 40 CFR chapter I 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. 180.317, by revising the heading; by adding a heading to 
    paragraph (a) and revising the introductory text; by designating the 
    current paragraph (b) as (c); by adding a new paragraph (b); by 
    revising the
    
    [[Page 49487]]
    
    introductory text of newly designated (c); and by adding and reserving 
    paragraph (d) to read as follows:
    
    
    Sec.  180.317  Propyzamide; tolerances for residues.
    
        (a) General. Tolerances are established for combined residues of 
    the herbicide propyzamide 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:
    * * * * *
        (b) Section 18 emergency exemptions. Time-limited tolerances are 
    established for the residues of propyzamide, in connection with use of 
    the pesticide under section 18 emergency exemptions granted by EPA. The 
    tolerances will expire on the dates specified in the following table.
    
                                                                            
    ------------------------------------------------------------------------
                                                              Expiration/   
                Commodity              Parts per million    Revocation Date 
    ------------------------------------------------------------------------
    Cranberries.....................  0.05                12/31/99          
    Grass, forage...................  1.0                 12/31/99          
    Grass, hay......................  0.5                 12/31/99          
    ------------------------------------------------------------------------
    
    
        (c) Tolerances with regional registrations. Tolerances with 
    regional registration are established for the combined residues of the 
    herbicide propyzamide 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:
    * * * * *
    
        (d) Indirect or inadvertent residues. [Reserved]
    
    [FR Doc. 98-24846 Filed 9-15-98; 8:45 am]
    BILLING CODE 6560-50-F
    
    
    

Document Information

Effective Date:
9/16/1998
Published:
09/16/1998
Department:
Environmental Protection Agency
Entry Type:
Rule
Action:
Final rule.
Document Number:
98-24846
Dates:
This regulation is effective September 16, 1998. Objections and requests for hearings must be received by EPA on or before November 16, 1998.
Pages:
49479-49487 (9 pages)
Docket Numbers:
OPP-300699, FRL-6022-5
RINs:
2070-AB78
PDF File:
98-24846.pdf
CFR: (1)
40 CFR 180.317