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Clopyralid - Pesticide Tolerance 4/94

Pesticide Tolerances for Clopyralid
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
------------------------------------------------------------
SUMMARY: This document reestablishes the time-limited tolerances
for residues of the herbicide clopyralid (3,6-dichloro-2-pyridinecarboxylic
acid) in or on the raw agricultural commodities (RACs) field
corn, grain at 1.0 part per million (ppm); field corn, fodder
at 10.0 ppm; and field corn, forage at 3.0 ppm; and in or on
the processed agricultural commodities (PACs) field corn, milling
fractions at 1.5 ppm. DowElanco requested these time-limited
tolerances. The time-limited tolerances expire on December 31,
1996.
EFFECTIVE DATE: This regulation becomes effective April 25,
1994.
ADDRESSES: Written objections, identified by the document control
number, [PP 8F3622, FAP 0H5597/R2056], may be submitted to:
Hearing Clerk (1900), Environmental Protection Agency, Rm. M3708,
401 M St., SW., Washington, DC 20460. 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 request to: Rm.
1132, CM #2, 1921 Jefferson Davis Hwy., Arlington, VA 22202.
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.
FOR FURTHER INFORMATION CONTACT: By mail: Joanne I. 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)-305-7830.
SUPPLEMENTARY INFORMATION: In the Federal Register of March
11, 1994 (59 FR 11573), pursuant to petitions from DowElanco,
EPA proposed to establish time-limited tolerances under sections
408 and 409 of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 346a and 348) for residues of the herbicide clopyralid
(3,6-dichloro-2-pyridinecarboxylic acid) in or on the raw agricultural
commodities (RACs) field corn, fodder at 10.0 ppm; field corn,
forage at 3.0 ppm; field corn, grain at 1.0 ppm; and on the
processed agricultural commodity (PAC) field corn, milling fractions
at 1.5 ppm.
   There were no comments or requests for referral to an advisory
committee received in response to the proposed rule.
   The data submitted relevant to the proposal and other relevant
material have been evaluated and discussed in the proposed rule.
Based on the data and information considered, the Agency concludes
that the tolerances will protect the public health. Therefore,
the tolerances are established as set forth below.
   Any person adversely affected by these regulations 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
regulations 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 requestor'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 requestor would, if established, resolve one
or more of such 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).
   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 or 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).
List of Subjects in 40 CFR Parts 180, 185, and 186
   Environmental protection, Administrative practice and procedure,
Agricultural commodities, Food additives, Feed additives, Pesticides
and pests, Reporting and recordkeeping requirements.
Dated: April 15, 1994.
Douglas D. Campt,
Director, Office of Pesticide Programs.
   Therefore, chapter I of title 40 of the Code of Federal Regulations
is amended as follows:
PART 180-[AMENDED]
   1. In part 180:
   a. The authority citation for part 180 continues to read
as follows:
   Authority: 21 U.S.C. 346a and 371.
   b. In sec 180.431, by revising paragraph (b), to read as follows:
sec 180.431   Clopyralid; tolerances for residues.
*     *     *     *     *
   (b) Time-limited tolerances are established as follows for
residues of the herbicide clopyralid (3,6-dichloro-2-pyridinecarboxylic
acid) in or on the following raw agricultural commodities:
------------------------------------------------+-------------
   Commodity                    |  Parts per    |  Expiration
                                |   million     |     date
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Field corn, fodder..............|        10.0   | December 31, 1996.
Field corn, forage..............|         3.0   | December 31, 1996.
Field corn, grain...............|         1.0   | December 31, 1996.
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PART 185-[AMENDED]
   2. In part 185:
   a. The authority citation for part 185 continues to read
as follows:
   Authority: 21 U.S.C. 348.
   b. In sec 185.1100, by revising paragraph (b), to read as follows:
sec 185.1100   Clopyralid.
*     *     *     *     *
   (b) Time-limited tolerances are established as follows for
residues of the herbicide clopyralid (3,6-dichloro-2-pyridine
carboxylic acid), in or on the following foods:
------------------------------------------------+-------------------+
    Foods                        |  Parts per   |     Expiration    |
                                 |   million    |        date       |
------------------------------------------------+-------------------+
Field corn, milling fractions....|     1.5      | December 31, 1996 |
------------------------------------------------+-------------------+
PART 186-[AMENDED]
   3. In part 186:
   Authority: 21 U.S.C. 346a and 348.
   b. In sec 186.1100, by revising paragraph (b), to read as follows:
sec 186.1100   Clopyralid.
*     *     *     *     *
   (b) Time-limited tolerances are established as follows for
residues of the herbicide clopyralid (3,6-dichloro-2-pyridinecarboxylic
acid), in or on the following feeds:
-------------------------------------------------+------------------+
             Feeds                 |  Parts per  |    Expiration    |
                                   |   million   |       date       |
-------------------------------------------------+------------------+
Field corn, milling fractions......|     1.5     | December 31,1996 |
-------------------------------------------------+------------------+
[FR Doc. 94-9945 Filed 4-22-94; 8:45 am]