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hexazinone (Velpar) Proposed Food/Feed Additive Regulations 6/95

[Federal Register: June 28, 1995 (Volume 60, Number 124)]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 185 and 186
[FAP 4H5683/P616; FRL-4959-1]
RIN 2070-AC18
Hexazinone; Food/Feed Additive Regulations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: This document proposes 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. Owing to a transmission error, a 
previous proposal and final rule stipulated a tolerance of 0.5 part per 
million (ppm), but the tolerance should have been stipulated as 5.0 
ppm. EPA is proposing the food/feed additive regulations to establish 
the tolerance that E.I. du Pont de Nemours & Co., Inc., petitioned for 
under the Federal Food, Drug and Cosmetic Act
DATES: Comments, identified by the document control number [PP 4H5683/
P616], must be received on or before July 28, 1995.
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 Highway, 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 in 5.1 file format or ASCII file 
format. All comments and data in electronic form must be identified by 
the docket number [FAP 4H5683/P616]. No Confidential Business 
Information (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 I. Miller, Product 
Manager (PM) 23, Registration Division, 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 Highway, Arlington, VA 22202, 703-305-7830; e-mail: 
                   miller.joanne@epamail.epa.gov.
SUPPLEMENTARY INFORMATION: In the Federal Register of March 22, 1995 
(60 FR 15113), EPA issued a proposed rule that gave notice that E.I. du 
Pont de Nemours & Co., Inc., had petitioned EPA under sections 408 and 
409 of the Federal Food, Drug and Cosmetic Act (21 U.S.C. 346a and 
348), to amend 40 CFR parts 180, 185, and 186 to establish tolerances 
with regional registration 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 raw agricultural commodity sugarcane at 0.2 part per million 
(ppm), the food additive commodity sugarcane molasses at 0.5 ppm, and 
the feed additive commodity sugarcane molasses at 0.5 ppm. The 
tolerance and food/feed additive regulations were published as a final 
rule in the Federal Register of May 17, 1995 (60 FR 26361). Because of 
a tranmission error in the preparation of the prior Federal Register 
notices, EPA established tolerances of 0.5 ppm for hexazinone in 40 CFR 
185.3575 and 186.3575, but the correct tolerance petitioned for by 
DuPont is 5.0 ppm. (The tolerance of 0.2 ppm for sugarcane in 40 CFR 
180.396 is correct.)
    EPA is proposing amendments to 40 CFR 185.3575 and 186.3575 to 
establish the 5.0 ppm tolerances petitioned for by DuPont. The data and 
other relevant material submitted with the petition (FAP 4H5683) and 
discussed in the proposed rule of March 22, 1995 (60 FR 15113) remain 
applicable to this proposal. EPA's prior risk assessment assumed the 
sugarcane molasses tolerance would be set at 5.0 ppm.
    The data submitted in the petition and other relevant material have 
been evaluated. The pesticide is considered capable of achieving its 
intended physical or technical effect. The toxicological data 
considered in support of the proposed tolerance are discussed in the 
proposal of March 22, 1995 (60 FR 15113).
    Based on the above information considered by the Agency, the Agency 
believes that use of the pesticide in accordance with tolerances 
established by amending 40 CFR 185.3575 and 186.3575 would be safe. 
Therefore, it is proposed that the food/feed additive regulations be 
established as set forth below.
    Interested persons are invited to submit written comments on the 
proposed regulation. Comments must bear a notation indicating the 
document control number, [FAP 6H5683/P616]. All written comments filed 
in response to this petition will be available in the Public 
Information Branch, at the address given above from 8 a.m. to 4:30 
p.m., Monday through Friday, except legal holidays.
     A record has been established for this rulemaking under docket 
number [FAP 4H5683/P616] (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 Highway, 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 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 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
    Administrative practice and procedure, Agricultural commodities, 
Pesticides and pests, Food additives, Feed additives, Reporting and 
recordkeeping requirements.
    Dated: June 9, 1995.
Peter Caulkins,
Acting Director, Registration Division, Office of Pesticide Programs.
    Therefore, it is proposed that 40 CFR parts 185 and 186 be amended 
as follows:
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 348.
    b. By revising Sec. 185.3575, to read as follows:
Sec. 185.3575   Hexazinone; tolerances for residues.
     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:
                                                                        
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                                                              Parts per 
                         Commodity                             million  
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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; tolerances for residues.
     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:
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                                                              Parts per 
                         Commodity                             million  
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Sugarcane, molasses........................................      5.0
                                                                        
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