[Federal Register Volume 60, Number 35 (Wednesday, February 22, 1995)]
[Rules and Regulations]
[Pages 9780-9781]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-4303]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180

[OPP-300366A; FRL-4925-1]
RIN 2070-AB78


Pesticide Tolerances for 2,3-Dihydro-2,2-Dimethyl-7-Benzofuranyl-
N-Methylcarbamate

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This document establishes a time-limited tolerance for 
residues of the insecticide 2,3-dihydro-2,2-dimethyl-7-benzofuranyl-N-
methylcarbamate (common name ``carbofuran'') and its metabolites in or 
on canola at 1.0 part per million (ppm) with an expiration date of 2 
years after the beginning of the effective date of the rule. EPA is 
issuing this rule on its own initiative.

EFFECTIVE DATE: This regulation becomes effective February 22, 1995.

ADDRESSES: Written objections, identified by the document control 
number, [OPP-300366A], 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.

FOR FURTHER INFORMATION CONTACT: By mail: Dennis H. Edwards, Jr., 
Product Manager (PM) 19, Registration Division (7505C), Environmental 
Protection Agency, 401 M St., SW., Washington, DC 20460. Office 
location and telephone number: Rm. 207, 1921 Jefferson Davis Hwy., 
Arlington, VA 22202, (703)-305-6386.

SUPPLEMENTARY INFORMATION: In the Federal Register of November 8, 1994 
(59 FR 55605), EPA issued a proposed rule that gave notice that on its 
own initiative and under section 408(e) of the Federal Food, Drug and 
Cosmetic Act, 21 U.S.C. 346a(e), it proposed a time-limited tolerance 
for the residues of carbofuran and its metabolites in or on canola at 
1.0 ppm. EPA proposed a tolerance because State registrations for the 
use of carbofuran on canola exist. However, because of EPA's continuing 
concern for the risk to birds posed by carbofuran use, the Agency is 
limiting the number of States in which granular carbofuran may be used 
on canola, and may take regulatory action in the near future to further 
restrict carbofuran use. Additional registrations will not be permitted 
until EPA has reached a decision on whether the canola use poses 
unreasonable risks to birds and wildlife and whether additional 
restrictions are necessary. The Agency intends to conduct the necessary 
risk and benefit assessments and anticipates a decision before the 1996 
use season.
    There are three Special Local Need registrations under section 
24(c) of the Federal Insecticide, Fungicide, and Rodenticide Act, 7 
U.S.C. 136v(c). Registrations associated with this time-limited 
tolerance will be regionally restricted to Idaho, Minnesota, Montana, 
North Dakota, and Washington.
    The use of granular carbofuran under this tolerance will be limited 
to the 1995 growing season because additional residue data have to be 
submitted for the Agency to make its determination that the tolerance 
will be protective of the public health. As discussed in the proposed 
rule, the reference dose is exceeded for nonnursing infants and 
children ages 1 to 6 if it is assumed that all canola will contain 
tolerance level residues. EPA believes this assumption overstates the 
risk. EPA has requested additional data to confirm its view that the 
risk estimate is overstated. The Interregional Research Project No. 4 
(IR-4) is currently conducting residue trials in the U.S. and plans to 
submit a petition for a permanent tolerance in the spring. EPA will not 
establish a permanent tolerance until it has received and evaluated the 
residue data.
    Over 100 comments were received in response to the proposed rule. 
All were in support of establishing the tolerance.
    The data submitted on 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. [[Page 9781]] 
    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 and the relief sought (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).
    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: February 14, 1995.

Stephen L. Johnson,
Director, Registration Division, 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. 180.254, by adding new paragraph (c), to read as 
follows:


Sec. 180.254   2,3-Dihydro-2,2-dimethyl-7-benzofuranyl-N-
methylcarbamate; tolerances for residues.

* * * * *

    (c) A time-limited tolerance, to expire on February 22, 1997, with 
regional registration, as defined in Sec. 180.1(n), is established for 
the combined residues of the insecticide carbofuran (2,3-dihydro-2,2-
dimethyl-7-benzofuranyl-N-methylcarbamate), its carbamate metabolite, 
2,3-dihydro-2,2-dimethyl-3-hydroxy-7-benzofuranyl-N-methylcarbamate, 
and its phenolic metabolites 2,3-dihydro-2,2-dimethyl-7-benzofuranol, 
2,3-dihydro-2,2-dimethyl-3-oxo-7-benzofuranol and 2,3-dihydro-2,2-
dimethyl-3,7-benzofurandiol in or on the following raw agricultural 
commodity:

------------------------------------------------------------------------
                                                              Parts per 
                         Commodity                             million  
------------------------------------------------------------------------
                                                                        
Canola (of which no more than 0.2 ppm is carbamate)........          1.0
                                                                        
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[FR Doc. 95-4303 Filed 2-16-95; 2:39 pm]
BILLING CODE 6560-50-F