6-benzyladenine (Accel) Tolerance Exemption 7/95
[Federal Register: July 5, 1995 (Volume 60, Number 128)]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
6-Benzyladenine; Removal of Tolerance and Establishment of Tolerance Exemption
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
SUMMARY: This document removes a tolerance for combined residues of the plant
growth regulator 6-benzyladenine and establishes an exemption from the
requirement of a tolerance for the chemical in or on the raw agricultural
commodity apples. This document is issued in response to the Reregistration
Eligibility Decision (RED) regarding this chemical and a petition from Abbott
EFFECTIVE DATE: This regulation becomes effective July 5, 1995.
ADDRESSES: Written objections and hearing requests, identified by the document
control number, [OPP-300392], may 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 should be identified by the document control 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 copy of objections and
hearing requests to: Rm. 1132, 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:
firstname.lastname@example.org. 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 in 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 [OPP-300392]. 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 submissions can be found below
in this document.
FOR FURTHER INFORMATION CONTACT: By mail: Philip Poli, Special Review and
Reregistration Division (7508W), Environmental Protection Agency, 401 M St.,
SW., Washington, DC 20460. Office location and telephone number: Special
Review Branch, Crystal Station #1, 3rd Floor, 2800 Jefferson Davis Hwy.,
Arlington, VA, (703)-308-8038; e-mail: email@example.com.
SUPPLEMENTARY INFORMATION: 6-Benzyladenine was first registered in the United
States in 1979. It is a plant growth regulator used on certain fruit, white
pine trees, calla lily tubers, and spinach grown for seed. In January 1990,
the Agency classified 6-benzyladenine as a biochemical pesticide because it
resembles natural plant regulators and it displays a nontoxic mode of action.
The Reregistration Eligibility Decision (RED) document was issued for 6-
benzyladenine in June 1994. Based on results of acute studies that indicate
low toxicity, chronic studies were not required. In addition, because the use
rate is low and application precedes harvest by approximately 4 months, the
potential for dietary exposure is considered to be negligible (U.S.
Environmental Protection Agency (USEPA). Reregistration Eligibility Decision
(RED) document, N6-Benzyladenine, List B, Case 2040. June 1994.) The RED
document proposed that the current apple tolerance be revoked and in its place
an exemption from the requirement of a tolerance be established. In response
to the RED, the pesticide registrant submitted a petition requesting a
tolerance exemption on April 15, 1994.
EPA issued a notice, published in the Federal Register of September 28,
1994 (59 FR 49397), which announced that Abbott Laboratories had submitted a
pesticide petition (PP) 4F4353 to EPA requesting that the Administrator,
pursuant to section 408(d) of the Federal Food, Drug and Cosmetic Act (FFDCA),
21 U.S.C. 346a(d), amend 40 CFR part 180 to establish an exemption from the
requirement of a tolerance for residues of 6-benzyladenine, N-(phenyl)-1H-
purine-6-amine. No comments or requests for referral to an advisory committee
were received in response to the notice. The September 28, 1994 Federal
Register notice serves as the Agency's proposal to amend 40 CFR part 180 by
removing the existing tolerance for apples and establishing a tolerance
exemption for this chemical.
Based on the data and information considered, the Agency concludes that
the tolerance exemption will protect the public health. Therefore, the
tolerance exemption is established as set forth below.
Any person adversely affected by this regulation may, within 30 days after
publication of this document in the Federal Register, file written objections
and/or request a hearing 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 a hearing is requested, the requester's contentions on such
issues, 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 requester would, if established, resolve
one or more of such issues in favor of the requester, 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
[OPP-300392] (including any 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,
Written objections and hearing requests, identified by the document
control number [OPP-300392], may be submitted to the Hearing Clerk (1900),
Environmental Protection Agency, Rm. 3708, 401 M St., SW., Washington, DC
A copy of electronic objections and hearing requests filed with the
Hearing Clerk can be sent directly to EPA at:
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 official
rulemaking record which will also include all objections and hearing requests
submitted directly in writing. The official rulemaking record is the paper
record maintained at the address in "ADDRESSES" at the beginning of this
Under Executive Order 12866 (58 FR 51735, Oct. 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
obligations 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
economic 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).
This final rule does not contain information collection requirements
subject to review by OMB under the Paperwork Reduction Act of 1980, 44 U.S.C.
3501 et seq.
List of Subjects in 40 CFR Part 180
Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and recordkeeping
Dated: June 27, 1995.
Lois A. Rossi, Director, Special Review and Reregistration Division, Office of
Therefore, 40 CFR part 180 is amended as follows:
1. The authority citation for part 180 continues to read as follows:
Authority: 21 U.S.C. 346a and 371.
Sec. 180.376 [Removed]
2. By removing Sec. 180.376 6-Benzyladenine; tolerances for
3. In subpart D, by adding new Sec. 180.1150, to read as follows:
Sec. 180.1150 6-Benzyladenine; exemption from the requirement of a
The plant growth regulator 6-benzyladenine is exempt from the requirement
of a tolerance when used as a fruit-thinning agent at an application rate not
to exceed 30 grams of active ingredient per acre (30 g ai/A) in or on apples.