[Federal Register Volume 60, Number 100 (Wednesday, May 24, 1995)]
[Rules and Regulations]
[Pages 27414-27415]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12565]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[PP 3F4233/R2134; FRL-4953-9]
RIN 2070-AB78

Bromoxynil; Pesticide Tolerance

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This document establishes a time-limited tolerance, to expire 
on April 1, 1997, for residues of the herbicide bromoxynil (3,5-
dibromo-4-hydroxybenzonitrile) resulting from the application of its 
octanoic and heptanoic acid esters in or on the raw agricultural 
commodity (RAC) cottonseed (transgenic BXN varieties only) at 0.04 part 
per million (ppm). Rhone-Poulenc AG Co. submitted petitions requesting 
EPA to establish the maximum permissible residue of the herbicide in or 
on the RAC.

EFFECTIVE DATE: This regulation becomes effective May 24, 1995.

ADDRESSES: Written objections, identified by the document control 
number, [PP 3F4233/R2134], 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.
    A copy of objections and requests for hearings filed with the 
Hearing Clerk may also be submitted electronically by sending 
electronic mail (e-mail) to: [email protected]. Copies and 
requests for hearings must be submitted as an ASCII file avoiding the 
use of special characters and any form of encryption. Copies of 
objections and requests for hearings will also be accepted on disks in 
WordPerfect in 5.1 file format or ASCII file format. All copies of 
objections and requests for hearings in electronic form must be 
identified by the docket number [PP 3F4233/R2134]. No Confidential 
Business Information (CBI) should be submitted through e-mail. 
Electronic copies of objections and requests for hearings 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: Robert Taylor, Product 
Manager (PM) 25, Registration Division (7505C), Environmental 
Protection Agency, 401 M St., SW., Washington, DC 20460. Office 
location and telephone number: Rm. 241, 1921 Jefferson Davis Hwy., 
Arlington, VA 22202, (703)-305-6800; e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION: In the Federal Register of March 29, 1995 
(60 FR 16111), EPA issued a proposed rule that gave notice that the 
Rhone-Poulenc AG Co., P.O. Box 12014, 2 T.W. Alexander Drive, Research 
Triangle Park, NC 27709, had submitted a pesticide petition, PP 3F4233, 
to EPA proposing to amend 40 CFR 180.324 by establishing a regulation 
to permit residues of the herbicide bromoxynil (3,5-dibromo-4-
hydroxybenzonitrile) resulting from the application of its octanoic and 
heptanoic acid esters in or on the raw agricultural commodity (RAC) 
transgenic cottonseed at 0.04 ppm. There were no comments or requests 
for referral to an advisory committee received in response to the 
notice of filing.
    The tolerance will expire on April 1, 1997. Based upon the 
evaluation of a mouse carcinogenicity study currently under review and 
submission of an analytical method, residue data, and livestock 
metabolism study on the metabolite, the Agency will determine whether 
establishing permanent tolerances is appropriate. Residues remaining in 
or on the raw agricultural commodity after expiration of this tolerance 
will not be considered actionable if the pesticide is legally applied 
during the term of, and in accordance with, the provisions of the 
conditional registration.
    There were no negative 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 time-
limited tolerance will protect the public health. Therefore, the time-
limited tolerance 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 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: [[Page 27415]] 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 [PP 3F4233/R2134] (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 requests for hearings, identified by the 
document control number [PP 3F4233/R2134], 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 requests for hearings can be 
sent directly to EPA at:

    opp-D[email protected]

    A copy of electronic objections and requests for hearings 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 Part 180

    Environmental protection, Administrative practice and procedure, 
Agricultural commodities, Pesticides and pests, Reporting and 
recordkeeping requirements.

    Dated: May 4, 1995.

Daniel M. Barolo,
Director, 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. In Sec. 180.324, by adding new paragraph (d), to read as 
follows:


Sec. 180.324 Bromoxynil; tolerances for residues.

* * * * *
    (d) A tolerance is established for residues of the herbicide 
bromxynil (3,5-dibromo-4-hydroxybenzonitrile) resulting from 
application of its octanoic and heptanoic acid esters in or on the 
following raw agricultural commodity:

------------------------------------------------------------------------
                                           Parts per                    
                Commodity                   million     Expiration date 
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Cottonseed (transgenic BXN varieties            0.04  April 1, 1997.    
 only).                                                                 
                                                                        
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[FR Doc. 95-12565 Filed 5-23-95; 8:45 am]
BILLING CODE 6560-50-F