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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in nature and may no longer be applicable.
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