[Federal Register Volume 61, Number 92 (Friday, May 10, 1996)]
[Rules and Regulations]
[Pages 21378-21380]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11338]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180

[PP 9F3714/R2214; FRL-5354-1]
RIN 2070-AB78


Fenoxaprop-Ethyl; Extension of Study Due Date and Time-Limited 
Tolerances

AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
SUMMARY: This rule extends the time-limited tolerances for fenoxaprop-
ethyl from April 12, l996 to November 1, l997. This time extension was 
requested by AgrEvo USA Company to coordinate a delay in initiation of 
a repeat oncogenicity study required to change the interim (time-
limited) tolerances, required for the use of fenoxaprop-ethyl in the 
culture of wheat, to permanent tolerances. The originial petitioner was 
Hoechst Celanese Corp. of North Somerville, NJ 08876. In l994 Hoechst 
Celanese Corp. and NOR-AM Chemical formed a partnership Company, AgrEvo 
USA Company; and AgrEvo USA

[[Page 21379]]

Company became the registrant of fenoxaprop-ethyl pesticide products.

EFFECTIVE DATE: May 10, 1996.

ADDRESSES: Written objections and hearing requests, identified by the 
docket number [PP 9F3714/R2214] 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 docket 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 copies of objections and hearing requests to: Rm. 
1132, CM #2, 1921 Jefferson Davis Highway, 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 hearing requests filed with the Hearing 
Clerk may also be submitted electronically by sending electronic mail 
(e-mail) to: [email protected]. 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 on disks in WordPerfect 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 
9F3714/R2214]. 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 Miller (PM 23), 
Registration Division (7505C), Office of Pesticide Programs, U. S. 
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, (Telephone No. (703-305-6226), e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION: Interim tolerances that expire April 12, 
l996 were established for residues of fenoxaprop-ethyl on August 15, 
l991. The petitioner, Hoechst Celanese Corp., agreed to submitting a 
repeat mouse oncogenicity study within 4 years from the date of 
registration of fenoxaprop-ethyl pesticide products for use in the 
culture of wheat. The due date for the study data became April 12, 
l996, 4 years and 8 months from the date of first registration of 
fenoxaprop-ethyl in the culture of wheat. The added 8 months were to 
allow adequate time for the Agency's review of the study. The 
initiation of the mouse oncogenicity study was delayed due to the 
Agency's requirement for a repeat range finding study. The time line 
for submitting the study was extended to November 1, l996 to coordinate 
it with the time required for reviewing the range finding study. 
Considering the time required to review the study, the present action 
extends the time-limited tolerances to November 1, l997. The time 
alloted for Agency review of the study is presently 12 months. There is 
no information and experience with the pesticide that indicate that 
this action would pose significant risk to public health.
    A ``Notice of Filing'' a request to amend pesticide petition (PP) 
9F3714 by proposing to amend 40 CFR 180.430 to extend the time-limited 
tolerances for residues of the herbicide Fenoxyaprop-ethyl was 
published on in the Federal Register on April 3, 1996 (61 FR 14772-
14773) (FRL-5358-4). There were no substantive responses to the notice. 
Only a typographical error was noted from the public. That error is 
corrected in the present Final rule.
    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 [PP 9F3714/R2214] (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:
    [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 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

[[Page 21380]]

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: April 29, 1996.

Stephen L. Johnson,
Director, Registration Division, Office of Pesticide Programs.

    Therefore, 40 CFR, chapter I, 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. 180.430 by revising paragraph (b) to read as follows:


Sec. 180.430  Fenoxaprop-ethyl; tolerances for residues.

*    *    *    *    *
    (b) Time-limited tolerances, to expire November 1, 1997, are 
established for the combined residues of the herbicide fenoxaprop-ethyl 
[() ethyl 2-[4-[(6-chloro-2-
benzoxazolyl)oxy]phenoxy]propanoate] and its metabolites [2-[4-[(6-
chloro-2-benzoxazoly)oxy]phenoxy]propanoic acid and 6-chloro-2,3-
dihydrobenzoxazol-2-one], each expressed as fenoxaprop-ethyl, in or on 
the following raw agricultural commodities:

------------------------------------------------------------------------
                                                              Parts per 
                        Commodities                            million  
------------------------------------------------------------------------
Cattle, fat................................................         0.05
Cattle, meat...............................................         0.05
Cattle, mbyp...............................................         0.05
Goats, fat.................................................         0.05
Goats, meat................................................         0.05
Goats, mbyp................................................         0.05
Hogs, fat..................................................         0.05
Hogs, meat.................................................         0.05
Hogs, mbyp.................................................         0.05
Horses, fat................................................         0.05
Horses, meat...............................................         0.05
Horses, mbyp...............................................         0.05
Milk.......................................................         0.02
Sheep, fat.................................................         0.05
Sheep, meat................................................         0.05
Sheep, mbyp................................................         0.05
Wheat, grain...............................................         0.05
Wheat, straw...............................................         0.05
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[FR Doc. 96-11338 Filed 5-09-96; 8:45 am]
BILLING CODE 6560-50-F