Comment submitted by J. H. Cain, DuPont Crop Protection

Comment to the Docket EPA-HQ-OPP-2006-0036-0001 Hexazinone The tolerances for hexazinone on the commodities of sugarcane cane, and sugarcane molasses, should be codified as general tolerances as listed under 40 CFR 180.396 (a). No tolerances for hexazinone should be codified as being with regional registrations. On October 18, 2004, US EPA, Office of Pesticide Programs, approved the use of DuPont K-4 herbicide (EPA Reg. No. 352-618), containing the active ingredient hexazinone, for use on sugarcane in the State of Florida. This action was concluded under signature of Donald R. Stubbs, Chief, Herbicide Branch, Registration Division (7505C), following submission by the registrant, dated October 7, 2003, and identified by OPP decision Number D-336280. On Feb. 9, 2005, EPA Office of Pesticide Programs further approved an administrative amendment to this registration under signature of James A. Tompkins, Product Manager 25, Herbicide Branch, Registration Division (7505C). In this approval the Agency requested that additional confirmatory residue data from Florida be provided, with understanding that ?if results of data exceed currently established tolerances for sugarcane, a petition proposing appropriate tolerances must be submitted.? Accordingly, DuPont initiated a confirmatory Magnitude of Residue study, and submission of data is anticipated prior to the end of calendar year 2006. Preliminary data indicates that a petition proposing a revision of sugarcane commodity tolerances will not be necessary. On October 27, 2005, a new hexazinone containing end-use product, DuPont Velpar K-4 Max (EPA Reg. No. 352-663) was also registered for use in Florida sugarcane, under signature of James A. Tompkins, Product Manager 25, Herbicide Branch, Registration Division (7505C). This registration action was first submitted to the EPA on February 24, 2005 and identified by OPP decision Number D-355341. In consideration of the above, the tolerances for hexazinone on the commodities of sugarcane, cane, and sugarcane, molasses should be codified as general tolerances as listed under 40 CFR 180.396(a). No tolerances for hexazinone should be codified as being with regional registrations, specifically excluding use in the State of Florida. DuPont believes that the proposed revocation of various meat/fat tolerances for hexazinone may be premature. Hexazinone is currently registered for use on pasture grass with a 60 day forage/grazing restriction. This restriction is not considered practical by the Agency, and in order to retain this use the registrant, DuPont, was requested, and is conducting, a Magnitude of Residue Study to support a revised "0" day forage/grazing restriction on it?s product labeling. This residue study will be concluded and submitted to the Agency later this calendar year, and will result in substantially increased residues warranting a revision of existing commodity tolerances for both grass and hay as livestock feed commodities. This may also necessitate revisions to one or more livestock commodity tolerances including those that the Agency currently proposes to revoke. Further, an analysis performed by Joanne Cook, Florida Department of Agriculture and Consumer Services, in 2005, suggested that the established tolerances for hexazinone on meat, meat by-products, and milk might (currently) be exceeded based on a Maximum Theoretical Dietary Burden (MTDB) that included all significant cattle feed commodities for which hexazinone is currently registered. DuPont encourages EPA to discuss these preliminary conclusions directly with the State of Florida, as they also appear contrary to those of the Agency.