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pronamide (Kerb) Pesticide Tolerances 3/96

[Federal Register: March 13, 1996 (Volume 61, Number 50)]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[OPP-300402A; FRL-4993-3]
RIN 2070-AB78
3,5-Dichloro-N-(1,1-Dimethyl-2-Propynyl)Benzamide; Pesticide Tolerances
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA has completed the reregistration process and issued a 
Reregistration Eligibility Decision (RED) document for the pesticide 
3,5-dichloro-N-(1,1-dimethyl-2-propynyl)benzamide, also known as 
pronamide. In the reregistration process, all information to support a 
pesticide's continued registration is reviewed for adequacy and, when 
needed, supplemented with new scientific studies. Based on the RED 
tolerance assessments for the pesticide chemical subject to this rule, 
EPA is issuing the following tolerance actions: to delete individual 
tolerances and establish crop-grouping tolerances, raise some 
tolerances and lower others, amend an incorrectly listed tolerance, and 
modify the statment under 40 CFR 180.317 for the pesticide pronamide.
EFFECTIVE DATE: This regulation becomes effective March 13, 1996.
ADDRESSES:  Written objections and hearing requests, identified by the 
document control number, [OPP-300402A], 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 
requests 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. An electronic copy of objections and hearing requests filed 
with the Hearing Clerk may be submitted to OPP by sending electronic 
mail (e-mail) to:opp-docket@epamail.epa.gov.
    Copies of electronic objections and hearing requests must be 
submitted as an ASCII file avoiding the use of special characters and 
any form of encryption. Copies of electronic objections and hearing 
requests will also be accepted on disks in WordPerfect 5.1 file format 
or ASCII file format. All copies of electronic objections and hearing 
requests must be identified by the docket number [OPP-300402A]. No 
Confidential Business Information (CBI) should be submitted through e-
mail. Copies of electronic 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, (703)-308-8038; 
e-mail: poli.philip@epamail.epa.gov. By mail: Special Review and 
Reregistration Division (7508W), Environmental Protection Agency, 401 M 
St., SW., Washington, DC 20460. Office location: Special Review Branch, 
Crystal Station #1, 3rd Floor, 2800 Crystal Drive, Arlington, VA 22202.
SUPPLEMENTARY INFORMATION: EPA issued a proposed rule, published in the 
Federal Register of November 15, 1995 (60 FR 57379), which announced 
that based on a Reregistration Eligibility Decision (RED) for the 
pesticide 3,5-dichloro-N-(1,1-dimethyl-2-propynyl)benzamide, also known 
as pronamide, the Agency intended to revise 40 CFR 180.317 to delete 
individual tolerances and establish crop-grouping tolerances (as 
described in 40 CFR 180.34), raise some tolerances and lower others, amend an 
incorrectly listed tolerance (for sheep meat), and modify the tolerance 
expression for pronamide to clarify which metabolites are determined by the 
enforcement methods and are included in the tolerance expression.
    The following comments were received by the Agency in response to 
the proposed rule published in the Federal Register of November 15, 
1995 (60 FR 57379):
    1. Oral comments by the Interregional Project No. 4 (IR-4). The 
Interregional Project No. 4 (IR-4) requested that the Agency 
acknowledge that IR-4 petitioned EPA for tolerances for pronamide on 
stone fruits and nongrass animal feeds. IR-4 wanted it to be known that 
at the time the tolerances were being proposed in the Federal Register 
of November 15, 1995, IR-4 tolerance petitions for the stone fruits and 
nongrass animal feed crop groups were pending with the Agency.
    Agency response. The Agency proposed these and other tolerance 
actions for pronamide in the Federal Register of November 15, 1995 (60 
FR 57379). This final rule endorses both petition 3E4190, which was 
submitted by IR-4 on behalf of the agricultural experiment station of 
Washington State, and petition 5E4525 submitted by IR-4 on behalf of 
the agricultural experiment station of Oregon State.
    2. Comments from Rohm and Haas Company. A comment was received by 
the Agency from Rohm and Haas Company concerning the addition of 
radicchio greens (tops) to the list of approved commodities specified 
in the proposed Federal Register notice of November 15, 1995 (60 FR 
57379).
    Agency response. In the Federal Register of October 26, 1994 (59 FR 
53771), EPA issued a proposed rule that gave notice that the 
Interregional Research Project No. 4 (IR-4) had submitted pesticide 
petition PP 0E3907 to EPA on behalf of the agricultural experiment 
station of California. The petition requested that EPA approve 
pronamide and its metabolites for use in or on the raw agricultural 
commodity radicchio greens (tops) at 2.0 parts per million (ppm). This 
regulation became effective with the publication of the Federal 
Register notice of January 25, 1995 (60 FR 4862). Therefore, 
"radicchio" greens (tops) at a tolerance of 2.0 ppm will be added 
alphabetically into the list of commodities at 40 CFR 180.317(a).
    The data considered 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 
tolerances will protect the public health. Therefore, the tolerances 
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 to the regulation and may also request a hearing on 
those objections. Objections and hearing requests must be filed 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 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).
    EPA has established a record for this rulemaking under docket 
number [OPP-300402A] (including any comments and data submitted 
electronically). 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 may 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 any copies of 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 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.
    Under Executive Order 12866 (58 FR 51735, October 4, 1993), the 
Agency must determine whether the regulatory action is "significant" 
and therefore subject to all the requirements of the Executive Order 
(i.e., Regulatory Impact Analysis, review by the Office of Management 
and Budget (OMB)). Under section 3(f), the order defines 
"significant" as those actions likely to lead to 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 known 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 (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 this 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 Part 180
    Environmental protection, Administrative practice and procedure, 
Agricultural commodities, Pesticides and pests, Reporting and 
recordkeeping requirements.
    Dated: March 5, 1996.
Richard D. Schmitt,
Acting Director, Special Review and Reregistration 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. By revising Sec. 180.317, to read as follows:
Sec. 180.317   3,5-Dichloro-N-(1,1-dimethyl-2-propynyl)benzamide; 
tolerances for residues.
    (a) Tolerances are established for combined residue of the 
herbicide 3,5-dichloro-N-(1,1-dimethyl-2-propynyl)benzamide and its 
metabolites (containing the 3,5-dichlorobenzoyl moiety and calculated 
as 3,5-dichloro-N-(1,1-dimethyl-2-propynyl)benzamide) in or on the 
following raw agricultural commodities:
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                                                               Parts per
                          Commodity                             million 
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Apples.......................................................      0.1  
Artichokes...................................................      0.1  
Blackberries.................................................      0.05 
Blueberries..................................................      0.05 
Boysenberries................................................      0.05 
Cattle, fat..................................................      0.02 
Cattle, kidney...............................................      0.4  
Cattle, liver................................................      0.4  
Cattle, mbyp (except kidney, liver)..........................      0.02 
Cattle, meat.................................................      0.02 
Eggs.........................................................      0.02 
Endive (escarole)............................................      1.0  
Goats, fat...................................................      0.02 
Goats, kidney................................................      0.4  
Goats, liver.................................................      0.4  
Goats, mbyp (except kidney, liver)...........................      0.02 
Goats, meat..................................................      0.02 
Grapes.......................................................      0.1  
Hogs, fat....................................................      0.02 
Hogs, kidney.................................................      0.4  
Hogs, liver..................................................      0.4  
Hogs, mbyp (except kidney, liver)............................      0.02 
Hogs, meat...................................................      0.02 
Horses, fat..................................................      0.02 
Horses, kidney...............................................      0.4  
Horses, liver................................................      0.4  
Horses, mbyp (except kidney, liver)..........................      0.02 
Horses, meat.................................................      0.02 
Lettuce......................................................      1.0  
Milk.........................................................      0.02 
Nongrass animal feeds........................................     10.0  
Pears........................................................      0.1  
Poultry, fat.................................................      0.02 
Poultry, kidney..............................................      0.2  
Poultry, liver...............................................      0.2  
Poultry, mbyp (except kidney, liver).........................      0.02 
Poultry, meat................................................      0.02 
Radicchio, greens (tops).....................................      2.0  
Raspberries..................................................      0.05 
Sheep, fat...................................................      0.02 
Sheep, kidney................................................      0.4  
Sheep, liver.................................................      0.4  
Sheep, mbyp (except kidney, liver)...........................      0.02 
Sheep, meat..................................................      0.02 
Stone fruits.................................................      0.1  
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    (b) Tolerances with regional registration are established for the 
combined residues of the herbicide 3,5-dichloro-N-(1,1-dimethyl-2-
propynyl)benzamide and its metabolites (containing the 3,5 
dichlorobenzoyl moiety and calculated as 3,5-dichloro-N-(1,1-dimethyl-
2-propynyl)benzamide) in or on the following raw agricultural 
commodities:
------------------------------------------------------------------------
                                                               Parts per
                          Commodity                             million 
------------------------------------------------------------------------
                                                                        
Peas, dried (winter)........................................        0.05
Rhubarb.....................................................        0.1
                                                                        
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