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2,4-D (Dacamine, Weed-B-Gon) Pesticide Tolerance 3/96

[Federal Register: March 27, 1996 (Volume 61, Number 60)]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[PP 4E3060/R2218; FRL-5357-2]
RIN 2070-AC78
Pesticide Tolerance for 2,4-D
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is extending the tolerance 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 extending this tolerance for 3 
years.
EFFECTIVE DATE: This extension is effective March 27, 1996. The tolerance 
expires on December 31, 1998.
ADDRESSES: Written objection and hearing requests, identified by the docket 
number, [PP 4E3060/R2218], may be submitted to: Hearing Clerk (1900), 
Environmental Protection Agency, Rm. M3708, 401 M St., SW., Washington, DC 
20460. Fees accompanying objections 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 request filed with the Hearing Clerk should be 
identified by the docket number and submitted 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 a copy of objections and hearing requests to: Rm. 
1132, CM #2, 1921 Jefferson Davis Hwy., Arlington, VA 22202. A copy of 
objections and hearing requests filed with the Hearing Clerk may also be 
submitted electronically by sending electronic mail (e-mail) to: 
                      oppdocket@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 file format or ASCII file format. All copies of objections and 
hearing requests in electronic form must be identified by the docket number 
[PP 4E3060/R2218]. 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. 
Additional information on electronic submission 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, e-mail address: 
miller.joanne@epamail.epa.gov.
SUPPLEMENTARY INFORMATION: In the Federal Register of February 7, 1996 (61 FR 
4623), EPA issued a proposed rule that gave notice pursuant to section 408 of 
the Federal Food, Drug, and Cosmetic Act (FFDCA) (21 U.S.C. 346a), the Agency 
proposed to extend until December 31, 1998, a tolerance for residues of the 
herbicide 2,4-D (2,4-dichlorophenoxyacetic acid) in or on the raw agricultural 
commodity (RAC) soybeans at 0.1 parts per million (ppm).
    There were no comments or requests for referral to an advisory committee 
received in response to this proposed rule.
    Any person adversely affected by this regulation may, within 30 days after 
publication of this document in the Federal Register, file written objections 
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 issue(s) on which the hearing is 
requested, the requestor`s contentions on each such issue, and a summary of 
any evidence relied upon by the objector (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 a 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 issues in favor of 
the requestor, taking into account uncontested claims or facts to the 
contrary; and resolution of the factual issue(s) in the manner sought by the 
requestor would be adequate to justify the action requested (40 CFR 178.32).
    A record has been established for this rulemaking under docket number [PP 
4E3060/R2218] (including objections and hearing requests 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 Highway, Arlington, 
Va.
    Written objections and hearing requests, identified by the docket number 
[PP 4E3060/R2218] may be submitted to the Hearing Clerk (1900), Environmental 
Protection Agency, Rm 3708, 401 M St. SW., Washington, DC 20460. A copy of 
electronic objections and hearing requests filed with the Hearing Clerk can be 
sent directly to EPA at:
                         opp-Docket@epamail.epa.gov
    A copy of electronic objections and hearing requests filed with the 
Hearing Clerk 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 
objections and hearing requests received electronically into printed, paper 
form as they are received and will place the paper copies in the rulemaking 
record which will also include all objections and hearing requests submitted 
directly in writing. The official record is the paper record maintained at the 
address in "ADDRESSES" at the beginning of this document.
    Under Executive Order 12866 (58 FR 51735, October 4, 1993), the Agency 
must determine whether the regulatory action is "significant" and therefore 
subject to review by the Office of Management and Budget (OMB) and the 
requirements of the Executive Order. Under section 3(f), the order defines a 
"significant regulatory action" as an action that is likely to result in a 
rule (1) having an annual effect on the economy of $100 million or more, or 
adversely and materially affecting a sector of the economy, productivity, 
competition, jobs, the environment, public health or safety, or State, local, 
or tribal governments or communities (also referred to as "economically 
significant"); (2) creating serious inconsistency or otherwise interfering 
with an action taken or planned by another agency; (3) materially altering the 
budgetary impacts of entitlement, grants, user fees, or loan programs or the 
rights and obligation of recipients thereof; or (4) raising novel legal or 
policy issues arising out of legal mandates, the President`s priorities, or 
the principles set forth in this Executive Order.
    Pursuant to the terms of the Executive Order, EPA has determined that this 
rule is not "significant" and is therefore not subject to OMB review.
    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 raising tolerance levels 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: March 13, 1996.
Stephen L. Johnson,
Director, Registration Division, Office of Pesticide Programs.
    Therefore, 40 CFR part 180 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. 180.142 by revising paragraph (k), to read as follows,
Sec. 180.142   2,4-D; tolerances for residues.
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    (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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