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hexazinone (Velpar) Food/Feed Additive Regulations 8/95

Date: Wed, 16 Aug 1995 10:01:11 -0400
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Hexazinone; Food/Feed Additive Regulations X-Comment: U.S. EPA FEDERAL 
REGISTER PESTICIDE documents 
[Federal Register: August 16, 1995 (Volume 60, Number 158)] [Rules and 
Regulations]
[Page 42460-42462]
>From the Federal Register Online via GPO Access [wais.access.gpo.gov] 
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40 CFR Parts 180 and 185
40 CFR Parts 185 and 186
[PP 4H5683/R2156; FRL-4968-1]
RIN 2070-AB78
Hexazinone; Food/Feed Additive Regulations 
AGENCY: Environmental Protection Agency (EPA). 
ACTION: Final rule.
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SUMMARY: This document establishes food and feed additive regulations for 
residues of the herbicide hexazinone (3-cyclohexyl-6- (dimethylamino)-1-
methyl-1,3,5-triazine-2,4(1H,3H)-dione) and its metabolites (calculated as 
hexazinone) in sugarcane molasses. E.I. du Pont de Nemours & Co., Inc., 
petitioned for these regulations under the Federal Food, Drug and Cosmetic 
Act (FFDCA). 
EFFECTIVE DATE: This regulation becomes effective August 16, 1995. 
ADDRESSES: Written objections and hearing requests, identified by the 
document control number, [PP 4H5683/R2156], 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 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: 
opp-docket@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
[[Page 42461]]
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 [PP 4H5683/R2156]. 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: Joanne I. Miller, Product Manager 
(PM) 23, Registration Division (7505C), Environmental Protection Agency, 
401 M St., SW., Washington, DC 20460. Office location and telephone number: 
Rm. 237, 1921 Jefferson Davis Hwy., Arlington, VA 22202, (703)-305-6224; e-
mail: miller.joanne@epamail.epa.gov.
SUPPLEMENTARY INFORMATION: In the Federal Register of June 28, 1995 (60 FR 
33387), EPA issued a proposed rule (FRL-4968-1) that gave notice that E.I. 
du Pont de Nemours & Co., Inc., had petitioned EPA under sections 408 and 
409 of the FFDCA, 21 U.S.C. 346a and 348, to amend 40 CFR 185.3575 and 
186.3575 to establish food and feed additive regulations, respectively, for 
combined residues of the herbicide hexazinone (3-cyclohexyl-6-
(dimethylamino)-1-methyl-1,3,5-triazine-2,4- (1H,3H)-dione) and its 
metabolites (calculated as hexazinone) in or on the food and feed additive 
commodity sugarcane molasses at 5.0 parts per million (ppm).
There were no comments or requests for referral to an advisory committee 
received in response to the proposed rule. 
The data submitted with 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 food and feed 
additive regulations will protect the public health. Therefore, the 
regulations are 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 
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).
A record has been established for this rulemaking under docket number [FAP 
4H5683/R2156] (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, VA.
Written objections and hearing requests, identified by the document control 
number [FAP 4H5683/R2156], 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 
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 document. 
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). 
List of Subjects in 40 CFR Parts 185 and 186 
Environmental protection, Administrative practice and procedure, 
Agricultural commodities, Food additives, Feed additives, Pesticides and 
pests, Reporting and recordkeeping requirements. 
Dated: July 31, 1995.
Stephen L. Johnson,
Director, Registration Division, Office of Pesticide Programs. 
Therefore, 40 CFR parts 185 and 186 are amended as follows: 
[[Page 42462]]
PART 185--[AMENDED]
1. In part 185:
a. The authority citation for part 185 continues to read as follows:
Authority: 21 U.S.C. 346a and 371.
b. By revising Sec. 185.3575, to read as follows: 
Sec. 185.3575 Hexazinone.
A food additive tolerance with regional registration, as defined in Sec. 
180.1(n) and which excludes use of hexazinone on sugarcane in Florida, is 
established for combined residues of the herbicide hexazinone (3-
cyclohexyl-6-(dimethylamino)-1-methyl-1,3,5-triazine- 2,4(1H,3H)-dione) and 
its metabolites (calculated as hexazinone) in or on the following food 
commodity:
------------------------------------------------------------------------ 
Parts per
Commodity	million
------------------------------------------------------------------------ 
Sugarcane, molasses........................................	5.0
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PART 186--[AMENDED]
2. In part 186:
a. The authority citation for part 186 continues to read as follows:
Authority: 21 U.S.C. 348.
b. By revising Sec. 186.3575, to read as follows: 
Sec. 186.3575 Hexazinone.
A feed additive tolerance with regional registration, as defined in Sec. 
180.1(n) and which excludes use of hexazinone on sugarcane in Florida, is 
established for combined residues of the herbicide hexazinone (3-
cyclohexyl-6-(dimethylamino)-1-methyl-1,3,5-triazine- 2,4(1H,3H)-dione) and 
its metabolites (calculated as hexazinone) in or on the following feed 
commodity:
------------------------------------------------------------------------ 
Parts per
Commodity	million
------------------------------------------------------------------------ 
Sugarcane, molasses........................................	5.0
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[FR Doc. 95-20012 Filed 8-15-95; 8:45 am] BILLING CODE 6560-50-F