[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: 94-1243]


[[Page Unknown]]

[Federal Register: January 19, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 180 and 186

[OPP-300316; FRL-4748-5]
RIN No. 2070-AC18

 

Demeton; Proposed Revocation of Tolerances and Feed Additive 
Regulations

Agency: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: This document proposes the revocation of tolerances and feed 
additive regulations listed in 40 CFR 180.105 and 40 CFR 186.1600 for 
residues of the insecticide demeton in or on various raw agricultural 
commodities and in animal feeds. EPA is initiating this action because 
all registered uses of demeton have been canceled.
DATES: Written comments, identified by the document control number 
[OPP-300316], 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 Highway, 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, 
excluding 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 and feed additive regulations established under sections 408 
and 409 of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21 U.S.C. 
346a and 348, respectively, for residues of the insecticide demeton (a 
mixture of O,O-diethyl O (and S)-2-(ethylthio)ethylphosphorothioates) 
in or on raw agricultural commodities and animal feeds. EPA is 
initiating this action because all registered uses of this chemical on 
raw agricultural commodities have been canceled.
    By mid-October 1989, all product registrations under the Federal 
Insecticide, Fungicide, and Rodenticide Act (FIFRA) for pesticide 
products containing the insecticide demeton were canceled. Based on the 
fact that demeton is no longer domestically registered for use on any 
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 and feed additive regulations for 
residues of demeton as listed 40 CFR 180.105 and 40 CFR 186.1600. Since 
the product registrations were canceled more than 3 years ago, residues 
should not appear in any legally treated, domestically produced 
commodities. These tolerances were obtained in conjunction with the 
FIFRA registrations.
    1. Section 180.105. EPA is proposing to revoke the following 
tolerances for residues of the insecticide demeton in or on the 
following commodities: 12 parts per million in or on alfalfa hay, 
clover hay; 5 parts per million in or on almond hulls, barley (green 
fodder and straw), fresh alfalfa, fresh clover, oats (green fodder and 
straw), sugar beet tops, and wheat (green fodder and straw); 1.25 parts 
per million in or on grapes, hops; 0.75 part per million in or on 
almonds, apples, apricots, barley grain, broccoli, brussels sprouts, 
cabbage, cauliflower, celery, cottonseed, filberts, grapefruit, lemons, 
lettuce, muskmelons, nectarines, oat grain, oranges, peaches, pears, 
peas, pecans, peppers, plums (fresh prunes), potatoes, strawberries, 
tomatoes, walnuts, wheat grain; 0.5 part per million in or on sugar 
beets; 0.3 part per million in or on beans, eggplants; 0.2 part per 
million in or on sorghum grain, sorghum forage.
    2. Section 186.1600. EPA is proposing to revoke a tolerance of 5 
parts per million for residues of demeton in dehydrated sugar beet pulp 
for livestock feed.
    The Agency is not recommending the establishment of action levels 
in place of these tolerances and feed additive regulations because 
sufficient time has elapsed in order for the residues to dissipate and 
does not anticipate a residue problem due to environmental 
contamination.
    EPA has no information at this time to suggest that demeton is used 
on food commodities exported to the U.S. Therefore, EPA is requesting 
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 the Federal Insecticide, Fungicide, 
and Rodenticide Act, as amended, which contains demeton may request 
that this rulemaking proposal as it pertains to section 408 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-300316]. All written comments filed in 
response to this document will be available in the Public Information 
Branch, at the address given above from 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 demeton on food crops were 
canceled more than 3 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 Parts 180 and 186

    Administrative practice and procedure, Agricultural commodities, 
Food and feed additives, 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 parts 180 and 186 be 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.

Sec. 180.105  [Removed]

    b. By removing Sec. 180.105 Demeton; tolerances for residues.

PART 186--[AMENDED]

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

    Authority: 21 U.S.C 348.

Sec. 186.1600   [Removed]

    b. By removing Sec. 186.1600 Demeton.

[FR Doc. 94-1243 Filed 2-18-94; 8:45 am]
BILLING CODE 6560-50-F