[Federal Register Volume 60, Number 95 (Wednesday, May 17, 1995)]
[Rules and Regulations]
[Pages 26361-26363]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-11812]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 180, 185, and 186

[FAP 4H5683/R2131; FRL-4952-5]
RIN 2070-AB78


Hexazinone; Pesticide Tolerances and Food/Feed Additive 
Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This document amends the current tolerance for residues of the 
herbicide hexazinone (3-(cyclohexyl-6-(dimethylamino)-1-methyl-1,3,5-
triazine-2,4(1H,3H)-dione) and its metabolites (calculated as 
hexazinone) in or on sugarcane at 0.2 part per million (ppm) by 
revoking the current tolerance and reestablishing the same tolerance 
with regional registration and tolerance as described in 40 CFR 
180.1(n). EPA also establishes food and feed additive regulations for 
residues of hexazinone and its metabolites in sugarcane molasses at 0.5 
ppm. E.I. du Pont de Nemours & Co., Inc., requested these regulations 
pursuant to the Federal Food, Drug and Cosmetic Act.

EFFECTIVE DATE: These regulations become effective May 17, 1995.

ADDRESSES: Written objections, identified by the document control 
number, [PP 4H5683/R2131], 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 hearing requests filed with the Hearing 
Clerk may also be submitted electronically by sending electronic mail 
(e-mail) to: <a href="/cdn-cgi/l/email-protection#c5aab5b5e8a1aaa6aea0b185a0b5a4a8a4aca9eba0b5a4eba2aab3"><span class="__cf_email__" data-cfemail="ff908f8fd29b909c949a8bbf9a8f9e929e9693d19a8f9ed1989089">[email protected]</span></a>. 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 
[FAP 4H5683/R2131]. 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 I. Miller, Product 
Manager (PM) 23, Registration Division (7505C), Environmental 
Protection Agency, 401 M St., SW., Washington, DC 20460. Office 
location and telephone number: Rm. 237, 1921 Jefferson Davis Hwy., 
Arlington, VA 22202, (703)-305-7830; e-mail: 
<a href="/cdn-cgi/l/email-protection#99f4f0f5f5fcebb7f3f6f8f7f7fcd9fce9f8f4f8f0f5b7fce9f8b7fef6ef"><span class="__cf_email__" data-cfemail="afc2c6c3c3cadd81c5c0cec1c1caefcadfcec2cec6c381cadfce81c8c0d9">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: In the Federal Register of March 22, 1995 
(60 FR 15113), EPA issued a proposed rule that gave notice that E.I. du 
Pont de Nemours & Co., Inc., had petitioned EPA under section 408 of 
the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. 346a, to amend 40 
CFR parts 180, 185, and 186 to establish tolerances with regional 
registration for combined residues of the herbicde hexazinone (3- 
[[Page 26362]] cyclohexyl)-6-(dimethylamino)-1-methyl-1,3,5-triazine-
2,4(1H,3H)-dione) and its metabolites (calculated as hexazinone) in or 
on the raw agricultural commodity sugarcane at 0.2 part per million 
(ppm), the food additive commodity sugarcane, molasses at 0.5 ppm, and 
the feed additive commodity sugarcane, molasses at 0.5 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 
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 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 [FAP 4H5683/R2131] (including 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 Rm. 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 [FAP 4H5683/R2131], 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-D<a href="/cdn-cgi/l/email-protection#80efe3ebe5f4c0e5f0e1ede1e9ecaee5f0e1aee7eff6"><span class="__cf_email__" data-cfemail="aec1cdc5cbdaeecbdecfc3cfc7c280cbdecf80c9c1d8">[email protected]</span></a>


    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, 185, 186

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

    Dated: May 1, 1995.

Daniel M. Barolo,
Director, Office of Pesticide Programs.

    Therefore, 40 CFR parts 180, 185, and 186 are amended as follows:

PART 180--[AMENDED]

    1. In part 180:
    a. The authority citation for part 180 continues to read as 
follows:

    Authority: 21 U.S.C. 346a and 371.

    b. In Sec. 180.396, the existing text is designated as paragraph 
(a), and the table therein is amended by removing the entry for 
sugarcane, and new paragraph (b) is added, to read as follows:


Sec. 180.396 Hexazinone; tolerances for residues.

*  *  *  *  *
    (b) A tolerance with regional registration, as defined in 
Sec. 180.1(n) and which excludes use of hexazinone on sugarcane in 
Florida, is established for combined residues of the herbicide 
hexazinone (3-cyclohexyl-6-(dimethyamino)-1-methyl-1,3,5-triazine-
2,4(1H,3H)-dione) and its metabolites (calculated as hexazinone) in or 
on the following raw agricultural commodity:

------------------------------------------------------------------------
                                                              Parts per 
                         Commodity                             million  
------------------------------------------------------------------------
                                                                        
Sugarcane..................................................          0.2
                                                                        
------------------------------------------------------------------------

[[Page 26363]] 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 adding new Sec. 185.3575, to read as follows:


Sec. 185.3575 Hexazinone; tolerances for residues.

    A food additive tolerance with regional registration, as defined in 
Sec. 180.1(n) and which excludes use of hexazinone on sugarcane in 
Florida, is established for combined residues of the herbicide 
hexazinone (3-cyclohexyl-6-(dimethyamino)-1-methyl-1,3,5-triazine-
2,4(1H,3H)-dione) and its metabolites (calculated as hexazinone) in or 
on the following food commodity:

------------------------------------------------------------------------
                                                              Parts per 
                         Commodity                             million  
------------------------------------------------------------------------
                                                                        
Sugarcane, molasses........................................          0.5
                                                                        
------------------------------------------------------------------------


PART 186--[AMENDED]

    3. In part 186:
    a. The authority citation for part 186 continues to read as 
follows:

    Authority: 21 U.S.C. 348.

    b. By adding new Sec. 186.3575, to read as follows:


Sec. 186.3575 Hexazinone; tolerances for residues.

    A feed additive tolerance with regional registration, as defined in 
Sec. 180.1(n) and which excludes use of hexazinone on sugarcane in 
Florida, is established for combined residues of the herbicide 
hexazinone (3-cyclohexyl-6-(dimethyamino)-1-methyl-1,3,5-triazine-
2,4(1H,3H)-dione) and its metabolites (calculated as hexazinone) in or 
on the following feed commodity:

------------------------------------------------------------------------
                                                              Parts per 
                         Commodity                             million  
------------------------------------------------------------------------
                                                                        
Sugarcane, molasses........................................          0.5
                                                                        
------------------------------------------------------------------------



[FR Doc. 95-11812 Filed 5-16-95; 8:45 am]
BILLING CODE 6560-50-F

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