[Federal Register Volume 59, Number 8 (Wednesday, January 12, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-763]


[[Page Unknown]]

[Federal Register: January 12, 1994]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[OPP-300299A; FRL-4746-5]
RIN No. 2070-AB78

 

Diallate; Revocation of Tolerances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This document revokes the tolerances for residues of the 
pesticide diallate S-(2,3-dichloroallyl) diisopropylthiocarbamate, also 
known as AVADEX, in or on all raw agricultural commodities. 
EPA is taking this action because all registered uses of diallate on 
these commodities have been cancelled. Therefore, there is no need for 
maintaining the tolerances once all commodities treated with diallate 
have cleared the channels of trade.
EFFECTIVE DATE: This regulation becomes effective February 11, 1994.

ADDRESSES: Written objections, identified by document control number 
[OPP-300299A], 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 request 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: Philip Poli, Special Review 
and Reregistration Division (7508W), Environmental Protection Agency, 
401 M St., SW., Washington, DC 20460. Office location and telephone 
number: Special Review Branch, Crystal Station #1, 3rd Floor, 2800 
Jefferson Davis Hwy., Arlington, VA, (703)-308-8038.
SUPPLEMENTARY INFORMATION: In the Federal Register of September 30, 
1993 (58 FR 51031), EPA issued a proposed rule to revoke the diallate 
tolerances for all agricultural commodities under 40 CFR 180.277 
pursuant to section 408 of the Federal Food, Drug, and Cosmetic Act (21 
U.S.C. 346a) by amending those tolerances to include an expiration date 
of August 30, 1996. A 30-day period was provided to allow for public 
comment.
    On January 22, 1991, the last EPA registration for a pesticide 
product containing diallate was cancelled under the Federal 
Insecticide, Fungicide, and Rodenticide Act (FIFRA), for nonpayment of 
the annual registration maintenance fee. Because diallate is no longer 
registered in the United States for use on any food or animal feed 
crops, and a tolerance is generally not necessary for a pesticide 
chemical which is not registered for a particular food use, EPA is 
announcing that it is revoking the tolerances of the pesticide diallate 
by amending the tolerances to include an expiration date of August 30, 
1996. The delayed revocation date will eliminate concern for a residue 
problem due to environmental contamination. Consequently, no action 
levels will replace the tolerances upon their revocation.
    No comments or requests for referral to an advisory committee were 
received in response to the proposed rule.

Hearing Procedures

    Any person adversely affected by this regulation revoking the 
tolerances for diallate in or on all raw agricultural commodities may, 
within 30 days after publication of this document in the Federal 
Register, file written objections and/or a request for 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 Office of Pesticide Programs (OPP) docket 
for this rulemaking. The objections submitted must specify the 
provisions of the regulation deemed objectionable and the grounds of 
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 requester's contentions on each such issue 
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 requester would, 
if established, resolve one or more of such issues in favor of the 
requester, taking into account uncontested claims or facts to the 
contrary; and resolution of the factual issue(s) in the manner sought 
by the requester would be adequate to justify the action requested.

Executive Order 12866

    Under Executive Order 12866 (58 FR 51735, Oct. 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 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 the rule is not ``significant'' and is therefore not subject to 
OMB review.

Regulatory Flexibility Act

    This final rule has been reviewed under the Regulatory Flexibility 
Act of 1980 (Pub. L. 96-354; 94 Stat. 1164, 5 U.S.C. 601 et seq.), and 
EPA has determined that it will not have a significant economic impact 
on a substantial number of small businesses, small governments, or 
small organizations. Accordingly, I certify that this final rule does 
not require a separate regulatory flexibility analysis under the 
Regulatory Flexibility Act.

Paperwork Reduction Act

    This final regulatory action does not contain information 
collection requirements subject to review by OMB under the Paperwork 
Reduction Act of 1980, 44 U.S.C. 3501 et seq.

List of Subjects in 40 CFR Part 180

    Administrative practice and procedure, Agricultural commodities, 
Pesticides and pests, Reporting and recordkeeping requirements.

Dated: December 20, 1993.

Lynn R. Goldman,
Assistant Administrator for Prevention, Pesticides and Toxic 
Substances.

    Therefore, 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. By revising Sec. 180.277, to read as follows:


Sec. 180.277   S-2,3-Dichloroallyl diisopropylthiocarbamate; tolerances 
for residues.

    Tolerances, set to expire on August 30, 1996, are established for 
negligible residues of the herbicide S-2,3-dichloroallyl 
diisopropylthiocarbamate in or on the raw agricultural commodities 
alfalfa (fresh and hay), barley (grain, forage, and straw), clover 
(fresh and hay), field corn grain, fodder and forage, flaxseed, 
lentils, peas, pea forage and hay, potatoes, safflower seed, soybeans, 
soybean forage and hay, and sugar beet roots and tops at 0.05 part per 
million.

[FR Doc. 94-763 Filed 1-11-94; 8:45 am]
BILLING CODE 6560-50-F