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2,4-D (Dacamine, Weed-B-Gon) Pesticide Tolerance 2/96

[Federal Register: February 7, 1996 (Volume 61, Number 26)]
[Rules and Regulations]               
[Page 4591-4592]
>From the Federal Register Online via GPO Access [wais.access.gpo.gov]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[PP 4E3060/P641; FRL-4996-6]
RIN 2070-AC18
Pesticide Tolerance for 2,4-D
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule
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SUMMARY: EPA proposes to extend the tolerances for residues of the herbicide 
2,4-D (2,4-dichlorophenoxyacetic acid) in or on the raw agricultural commodity 
soybeans. The Agency has not completed the regulatory assessment of its 
science findings; therefore, the Agency is proposing to extend this tolerance 
for 3 years.
DATES: Comments, identified by the docket number, [PP 4E3060/P641], must be 
received on or before February 16, 1996. The proposed tolerance would expire 
on December 31, 1998.
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 
Hwy., 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 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 5.1 file format or ASCII file format. All comments and data in 
electronic form must be identified by the docket number [PP 4E3060/P641]. No 
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 Miller, Product Manager (PM 
23), Registration Division (7505C), 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 Hwy., 
Arlington, VA 22202, (703)-305-6224.
SUPPLEMENTARY INFORMATION: EPA issued a final rule, published in the Federal 
Register of August 19, 1992 (57 FR 37475), which established a tolerance for 
residues of 2,4-D (2,4-dichlorophenoxyacetic acid) in or on soybeans with an 
expiration date of December 1995. This tolerance, with an expiration date, was 
required by EPA to allow the Industry Task Force II on 2,4-D Research Data to 
submit additional field residue trials, including bridging studies with ester 
and amine formulations, plant metabolism studies, storage stability data, and 
oncogenicity studies in two species, rat and mouse preferred. All the studies 
except the oncogenicity studies in the rat and mouse and the storage stability 
data have been reviewed. Oncogenicity studies using male and female mice and 
female rats are currently in review, and an oncogenicity study in the male rat 
is due into the Agency in January 1996. The storage stability data is 
currently in progress. Because the Agency has not completed the regulatory 
assessment of its scientific findings, EPA is proposing to amend 40 CFR 
180.142(k) to extend the expiration date for these tolerances until December 
31, 1998. Based on the information cited above and in the document proposing 
the establishment of the time-limited tolerance for 2,5-D (57 FR 24565, June 
10, 1992), the Agency has determined that when used in accordance with good 
agricultural practices, this ingredient is useful and the tolerance will 
protect the public health. Therefore, EPA is proposing to extend the tolerance 
as set forth below.
    Any person who has registered or submitted an application for registration 
of a pesticide, under the Federal Insecticide, Fungicide, and Rodenticide Act 
(FIFRA) as amended, which contains any of the ingredients listed herein, may 
request within 30 days after publication of this notice in the Federal 
Register that this rulemaking proposal be referred to an Advisory Committee in 
accordance with section 408(e) of the FFDCA.
    Interested persons are invited to submit written comments on the proposed 
regulation. Comments must bear a notation indicating the document control 
number, [PP 4E3060/P641]. All written comments filed in response to this 
proposed rule will be available in the Public Response and Program Resources 
Branch, at the address given above from 8 a.m. to 4 p.m., Monday through 
Friday, except legal holidays.
     A record has been established for this rulemaking under docket number [PP 
4E3060/P641] (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 Hwy., 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 section 3 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 food additive regulations or 
establishing exemptions from tolerance requirements do not have a significant 
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 Part 180
    Environmental protection, Administrative practice and procedure, 
Agricultural commodities, Pesticides and pests, Reporting and recordkeeping 
requirements.
    Dated: January 29, 1996.
Stephen L. Johnson,
Director, Registration Division, Office of Pesticide Programs.
    Therefore, it is proposed that 40 CFR part 180 be 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. By revising Sec. 180.142 (k), to read as follows,
Sec. 180.142   2,4-D; tolerances for residues.
* * * * *
    (k) A tolerance that expires on December 31, 1998, is established 
for residues of the herbicide 2,4-D (2,4-dichlorophenoxyacetic acid) 
resulting from the preplant use of 2,4-D ester or amine in or on the 
raw agricultural commodity as follows:
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                                                              Parts per 
                         Commodity                             million  
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                         Soybeans                                0.1    
                                                                        
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