[Federal Register Volume 61, Number 26 (Wednesday, February 7, 1996)]
[Proposed Rules]
[Pages 4623-4624]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2625]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180

[PP 4E3060/P641; FRL-4996-6]
RIN 2070-AC18


Pesticide Tolerance for 2,4-D

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule

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SUMMARY: EPA proposes to extend the tolerances for residues of the 
herbicide 2,4-D (2,4-dichlorophenoxyacetic acid) in or on the raw 
agricultural commodity soybeans. The Agency has not completed the 
regulatory assessment of its science findings; therefore, the Agency is 
proposing to extend this tolerance for 3 years.

DATES: Comments, identified by the docket number, [PP 4E3060/P641], 
must be received on or before February 16, 1996. The proposed tolerance 
would expire on December 31, 1998.

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 Hwy., 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: [email protected]. 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 5.1 file format or ASCII file format. 
All comments and data in electronic form must be identified by the 
docket number [PP 4E3060/P641]. No 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 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)-305-6224.

SUPPLEMENTARY INFORMATION: EPA issued a final rule, published in the 
Federal Register of August 19, 1992 (57 FR 37475), which established a 
tolerance for residues of 2,4-D (2,4-dichlorophenoxyacetic acid) in or 
on soybeans with an expiration date of December 1995. This tolerance, 
with an expiration date, was required by EPA to allow the Industry Task 
Force II on 2,4-D Research Data to submit additional field residue 
trials, including bridging studies with ester and amine formulations, 
plant metabolism studies, storage stability data, and oncogenicity 
studies in two species, rat and mouse preferred. All the studies except 
the oncogenicity studies in the rat and mouse and the storage stability 
data have been reviewed. Oncogenicity studies using male and female 
mice and female rats are currently in review, and an oncogenicity study 
in the male rat is due into the Agency in January 1996. The storage 
stability data is currently in progress. Because the Agency has not 
completed the regulatory assessment of its scientific findings, EPA is 
proposing to amend 40 CFR 180.142(k) to extend the expiration date for 
these tolerances until December 31, 1998. Based on the information 
cited above and in the document proposing the establishment of the 
time-limited tolerance for 2,5-D (57 FR 24565, June 10, 1992), the 
Agency has determined that when used in accordance with good 
agricultural practices, this ingredient is useful and the tolerance 
will protect the public health. Therefore, EPA is proposing to extend 
the tolerance as set forth below.
    Any person who has registered or submitted an application for 
registration of a pesticide, under the Federal Insecticide, Fungicide, 
and Rodenticide Act (FIFRA) as amended, which contains any of the 
ingredients listed herein, may request within 30 days after publication 
of this notice in the Federal Register that this rulemaking proposal be 
referred to an Advisory Committee in accordance with section 408(e) of 
the FFDCA.
    Interested persons are invited to submit written comments on the 
proposed regulation. Comments must bear a notation indicating the 
document control number, [PP 4E3060/P641]. All written comments filed 
in response to this proposed rule will be available in the Public 
Response and Program Resources Branch, at the address given above from 
8 a.m. to 4 p.m., Monday through Friday, except legal holidays.
     A record has been established for this rulemaking under docket 
number [PP 4E3060/P641] (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 Hwy., Arlington, VA.
    Electronic comments can be sent directly to EPA at:
    opp-D[email protected]


    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 section 3 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 food 
additive regulations or establishing exemptions from tolerance 
requirements do not have a significant impact on a substantial number 
of small entities. A certification statement to this 

[[Page 4624]]
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: January 29, 1996.

Stephen L. Johnson,

Director, Registration Division, Office of Pesticide Programs.

    Therefore, it is proposed that 40 CFR part 180 be 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. 180.142 (k), to read as follows,


Sec. 180.142   2,4-D; tolerances for residues.

* * * * *
    (k) A tolerance that expires on December 31, 1998, is established 
for residues of the herbicide 2,4-D (2,4-dichlorophenoxyacetic acid) 
resulting from the preplant use of 2,4-D ester or amine in or on the 
raw agricultural commodity as follows:

------------------------------------------------------------------------
                                                              Parts per 
                         Commodity                             million  
------------------------------------------------------------------------
                                                                        
Soybeans...................................................          0.1
                                                                        
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[FR Doc. 96-2625 Filed 2-6-96; 8:45 am]
BILLING CODE 6560-50-F