[Federal Register Volume 59, Number 71 (Wednesday, April 13, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-8731]


[[Page Unknown]]

[Federal Register: April 13, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180

[OPP-300300A; FRL-4740-6]
RIN No. 2070-AB78

 

Pentachloronitrobenzene; Revocation of Tolerance

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This document revokes the interim tolerance for residues of 
the fungicide pentachloronitrobenzene (PCNB) in or on bananas (40 CFR 
180.319). EPA is taking this action because there is no registered use 
for PCNB on bananas, and this use is not being supported for 
reregistration.

EFFECTIVE DATE: This regulation becomes effective on April 13, 1994.

ADDRESSES: Written objections, identified by the document control 
number, [OPP-300300A], may be submitted to: Hearing Clerk (1900), 
Environmental Protection Agency, Rm. 3708, 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 Utterback, Special 
Review and Reregistration Division (7508W), Environmental Protection 
Agency, 401 M St., SW., Washington, DC 20460. Office location and 
telephone number: Special Review Branch, Rm. WF32K5, Crystal Station 
#1, 2800 Crystal Drive, Arlington, VA 22202, Telephone: 703-308-8026.

SUPPLEMENTARY INFORMATION: In the Federal Register of September 22, 
1993 (58 FR 49264), EPA issued a proposal to revoke the interim 
tolerances established under section 408 of the Federal Food, Drug, and 
Cosmetic Act (FFDCA), 21 U.S.C. 346a, for residues of the fungicide 
pentachloronitrobenzene in or on bananas as listed in 40 CFR 180.319.
    EPA established an interim tolerance for PCNB for use on bananas 
pending the establishment of a permanent tolerance. However, EPA cannot 
establish a permanent tolerance for various reasons and as a result is 
revoking the interim tolerance in 40 CFR 180.319 for residues of 
pentachloronitrobenzene in bananas. The establishment of a tolerance 
under section 408 of FFDCA requires a finding that the tolerance will 
protect the public health. EPA does not have adequate data to make such 
a finding, and does not expect to receive such data because the use of 
PCNB on bananas is not being supported for reregistration. Further, 
there is no registered use of PCNB on bananas, and there is no evidence 
that it has been registered for this use in the U.S. for many years. A 
tolerance is generally not necessary for a pesticide which is not 
registered for the particular food use.
    There were no comments or requests for referral to an advisory 
committee received in response to the proposed rule.
    The data submitted in the petition 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 revocation of 
the interim tolerance for bananas in 40 CFR 180.319 is appropriate and 
that it will protect the public health. Therefore, the revocation is 
established as set forth below.
    Any person adversely affected by this regulation revoking the 
interim tolerance 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). 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 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 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).

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) planned by another agency; (3) materially altering 
the budgetary impacts of entitlements, 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 the Executive Order, EPA has determined 
that this rule is not ``significant'' and is therefore not subject to 
OMB review.

List of Subjects in 40 CFR Part 180

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

    Dated: April 1, 1994.

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

    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.

Sec. 180.319   [Amended]

    2. Section 180.319 Interim tolerances is amended in the table 
therein by amending the entry ``Pentachloronitrobenzene'' by removing 
from the list of raw agricultual commodities the entry ``Bananas,''.

[FR Doc. 94-8731 Filed 4-12-94; 8:45 am]
BILLING CODE 6560-50-F