[Federal Register Volume 59, Number 12 (Wednesday, January 19, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-1242]


[[Page Unknown]]

[Federal Register: January 19, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180

[OPP-300315; FRL-4748-4]
RIN No. 2070-AC18

 

Alachlor; Proposed Revocation of Certain Tolerances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: This document proposes to revoke certain tolerances for 
residues of the herbicide alachlor and its metabolites in or on various 
raw agricultural commodities. EPA is initiating this action because 
registered uses of alachlor on certain food commodities have been 
canceled.
DATES: Written comments, identified by the document control number 
[OPP-300315], must be received on or before March 21, 1994.

ADDRESSES: By mail, submit written comments 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 comments to: Rm. 1132, CM #2, 
1921 Jefferson Davis Hwy., Arlington, VA.
    Information submitted as a comment concerning this document may be 
claimed confidential by marking any part or all of that information as 
``Confidential Business Information'' (CBI). Information so marked will 
not be disclosed except in accordance with procedures set forth in 40 
CFR part 2. A copy of the comment that does not contain CBI must be 
submitted for inclusion in the public record. Information not marked 
confidential may be disclosed publicly by EPA without prior notice. All 
written comments will be available for public inspection in Rm. 1132 at 
the address given above, from 8 a.m. to 4 p.m., Monday through Friday, 
except legal holidays.

FOR FURTHER INFORMATION CONTACT: By mail, Melissa L. Chun, Registration 
Support Branch (7505W), Office of Pesticide Programs, Environmental 
Protection Agency, 401 M St., SW., Washington, DC 20460. Office 
location and telephone number: 6th Floor, Westfield Building, 2800 
Crystal Drive, Arlington, VA, (703)-308-8318.

SUPPLEMENTARY INFORMATION: This document proposes the revocation of 
tolerances established under section 408 of the Federal Food, Drug, and 
Cosmetic Act (FFDCA), 21 U.S.C. 346a, for residues of the herbicide 
alachlor (2-chloro-2',6'-diethyl-N-(methoxymethyl)acetanilide) and its 
metabolites in or on the following raw agricultural commodities listed 
in 40 CFR 180.249: Cotton forage, cottonseed, sunflower seed, pea 
forage, pea hay, peas with the pods removed, and potatoes.
    By March 1988, the product registrations under the Federal 
Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended, for 
the pesticide products containing the herbicide alachlor were canceled 
for the above-mentioned raw agricultural commodities. Based on the fact 
that alachlor is no longer domestically registered for use on these 
food crops and a tolerance is generally not necessary for a pesticide 
chemical which is not registered for the particular food use, EPA now 
proposes to revoke the tolerances listed in 40 CFR 180.249 for residues 
of alachlor in or on these commodities. Since the product registrations 
were canceled more than 5 years ago, residues should not appear in any 
legally treated, domestically produced commodities. These tolerances 
were obtained in conjunction with the FIFRA registrations.
    The Agency is not recommending the establishment of action levels 
in place of these tolerances because sufficient time has elapsed in 
order for the residues to dissipate, and EPA does not expect a residue 
problem due to environmental contamination.
    EPA requests that interested persons submit information pertaining 
to whether these products are used in foreign countries and may be 
present in commodities grown in those countries and imported to the 
U.S.
    Within 30 days after publication of this document in the Federal 
Register, any person who has registered or submitted an application for 
registration of a pesticide under FIFRA which contains alachlor may 
request that this rulemaking proposal to revoke the tolerances be 
referred to an Advisory Committee in accordance with section 408(e) of 
the Federal Food, Drug, and Cosmetic Act.
    Interested persons are invited to submit written comments on the 
proposed regulation. Comments must bear a notation indicating the 
document control number, [OPP-300315]. All written comments filed in 
response to this document will be available for public inspection in 
Rm. 1132, CM #2, 1921 Jefferson Davis Hwy., Arlington, VA 22202, 
between 8 a.m. and 4 p.m., Monday through Friday, except legal 
holidays.

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 this rule is not ``significant'' and is therefore not subject to 
OMB review.

Regulatory Flexibility Act

    The proposed regulatory action 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 it has been determined that it will not have a 
significant economic impact on a substantial number of small 
businesses, small governments, or small organizations.
    This regulatory action is intended to prevent the sale of food 
commodities containing pesticide residues where the subject pesticide 
has been used in an unregistered or illegal manner.
    Since all registrations for use of alachlor on these food crops 
were canceled more than 5 years ago, it is anticipated that no economic 
impact would occur at any level of business enterprises if these 
tolerances were revoked.
    Accordingly, I certify that this proposed regulatory action does 
not require a separate regulatory flexibility analysis under the 
Regulatory Flexibility Act.

List of Subjects in 40 CFR Part 180

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

Dated: January 7, 1994.

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

    Therefore, it is proposed that 40 CFR part 180 be 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.

Sec. 180.249   [Amended]

    2. By amending Sec. 180.249 Alachlor; tolerances for residues in 
the table therein by removing the entries for cotton, forage; 
cottonseed; peas, forage; peas, hay; peas, pods removed; potatoes; and 
sunflower seed.

[FR Doc. 94-1242 Filed 1-18-94; 8:45 am]
BILLING CODE 6560-50-F