FLUORIDE ACTION NETWORK PESTICIDE PROJECT
Return to FAN's Pesticide Homepage
Return to Oxyfluorfen Index Page
Oxyfluorfen. December 6, 1995. Pesticide Tolerances. Final Rule. Federal Register.
http://www.epa.gov/fedrgstr/EPA-PEST/1995/December/Day-06/pr-483.html
[Federal Register: December 6, 1995 (Volume 60, Number 234)] [Rules and Regulations]
[Page 62330-62332]
>From the Federal Register Online via GPO Access [wais.access.gpo.gov]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 180 and 185
[PP 5E4429/R2182; FRL-4983-2]
RIN 2070-AB78
Oxyfluorfen; Pesticide Tolerances
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
SUMMARY: This document establishes tolerances for residues of the herbicide oxyfluorfen in or on the raw agricultural commodities blackberry and raspberry. The regulation to establish maximum permissible levels for residues of the herbicide was requested in a petition submitted by the Interregional Research Project No. 4 (IR-4) pursuant to the Federal Food, Drug and Cosmetic Act (FFDCA). EPA is also deleting the metabolites of oxyfluorfen containing the diphenyl ether linkage from certain tolerance expressions.
EFFECTIVE DATE: This regulation becomes effective December 6, 1995.
ADDRESSES: Written objections and hearing requests, identified by the document
control number, [PP 5E4429/R2182], may be submitted to: Hearing Clerk (1900),
Environmental Protection Agency, Rm. M3708, 401 M St., SW., Washington, DC 20460.
Fees accompanying objections and hearing requests 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 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.
A copy of objections and hearing requests filed with the Hearing Clerk may also
be submitted electronically by sending electronic mail (e-mail) to: opp-docket@epamail.epa.gov.
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
in 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 5E4429/R2182].
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: Hoyt L. Jamerson, Registration Division (7505W), Environmental Protection Agency, 401 M St., SW., Washington, DC 20460. Office location and telephone number: 6th Floor,
[[Page 62331]]
Crystal Station #1, 2800 Jefferson Davis Hwy., Arlington, VA 22202, (703)-308-8783;
e-mail: jamerson.hoyt@epamail.epa.gov.
SUPPLEMENTARY INFORMATION: In the Federal Register of September 27, 1995 (60
FR 49816), EPA issued a proposed rule that gave notice that the Interregional
Research Project No. 4 (IR-4), New Jersey Agricultural Experiment Station, P.O.
Box 231, Rutgers University, New Brunswick, NJ 08903, had submitted pesticide
petition (PP) 5E4429 to EPA on behalf of the Agricultural Experiment Stations
of Oregon, New York, Virginia, and Washington. The petition requests that the
Administrator, pursuant to section 408 of the FFDCA, 21 U.S.C. 346a, amend 40
CFR 180.381 by establishing a tolerance for residues of the herbicide oxyfluorfen
[2-chloro-1-(3-ethoxy-4-nitrophenoxy)-4- (trifluoromethyl)-benzene] in or on
the raw agricultural commodities blackberry and raspberry at 0.05 part per million
(ppm). There were no 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 tolerance 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
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: 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 5E4429/R2182]
(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 hearing requests,
identified by the document control number [PP 5E4429/R2182], 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 hearing requests filed with the Hearing
Clerk can be sent directly to EPA at:
opp-Docket@epamail.epa.gov
A copy of electronic objections and hearing requests filed with the Hearing
Clerk 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 Parts 180 and 185
Environmental protection, Administrative practice and procedure, Agricultural commodities, Food additives, Pesticides and pests, Reporting and recordkeeping requirements.
Dated: November 3, 1995.
Stephen L. Johnson,
Director, Registration Division, Office of Pesticide Programs.
Therefore, 40 CFR parts 180 and 185 are amended as follows:
PART 180--[AMENDED]
b. In Sec. 180.381, by revising the introductory text of paragraph (a) and by revising paragraph (b), to read as follows:
Sec. 180.381 Oxyfluorfen; tolerances for residues.
(a) Tolerances are established for residues of the herbicide oxyfluorfen [2-
[[Page 62332]]
chloro-1-(3-ethoxy-4-nitrophenoxy)-4-(trifluoromethyl)benzene] in or on
the following raw agricultural commodities:
Parts per
Commodity million
PART 185--[AMENDED]
2. 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 amending Sec. 185.4600 by revising the introductory text to read as follows:
Sec. 185.4600 Oxyfluorfen.
A regulation is established permitting residues of the herbicide oxyfluorfen
[2-chloro-1-(3-ethoxy-4-nitrophenoxy)-4- (trifluoromethyl)benzene] in or
on the following processed food when present therein as a result of application
of the herbicide to growing crops: