[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: 94-8876]


[[Page Unknown]]

[Federal Register: April 13, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180

[PP 5F3251/R2048; FRL-4767-6]
RIN 2070-AB78

 

Pesticide Tolerance for Aluminum Tris (O-Ethylphosphonate)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This document establishes a tolerance for residues of the 
fungicide fosetyl-Al, aluminum tris(O-ethylphosphonate), in or on dried 
hops at 45 parts per million (ppm). This regulation to establish the 
maximum permissible level of residue of the fungicide in or on the 
commodity was requested in a petition submitted by Rhone-Poulenc Ag Co.

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

ADDRESSES: Written objections and hearing requests, identified by the 
document control number, [PP 5F3251/R2048], 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: Cynthia Giles-Parker, Product 
Manager (PM) 22, Registration Division (7505C), Environmental 
Protection Agency, 401 M St., SW., Washington, DC 20460. Office 
location and telephone number: Rm. 229, CM #2, 1921 Jefferson Davis 
Hwy., Arlington, VA 22202, (703)-305-5540.

SUPPLEMENTARY INFORMATION: In the Federal Register of February 9, 1994 
(59 FR 5972), EPA issued a proposed rule that pursuant to petitions by 
Rhone-Poulenc Ag Co., P.O. Box 12014, 2 T.W. Alexander Drive, Research 
Triangle Park, NC 27709, EPA proposed to establish under sections 408 
and 409 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 346a and 
348) a tolerance for residues of the fungicide fosetyl-Al, aluminum 
tris(O-ethylphosphonate), in or on dried hops at 45 ppm.
    One comment from the Embassy of the Federal Republic of Germany was 
received in response to the proposed rule to establish a tolerance of 
45 ppm for fosetyl-Al in dried hops. The German Embassy strongly 
supports the reclassification of dried hops as a raw agricultural 
commodity. They also support establishing a tolerance for fosetyl-Al in 
dried hops at 45 ppm. However, the Embassy states that a maximum 
tolerance of 100 ppm in dried hops is appropriate based on residue data 
available from the United Kingdom, Belgium, France, and Germany. The 
commenter also stated, however, that support for a higher tolerance 
should not delay issuance of the 45-ppm tolerance as proposed.
    No Codex, Canadian, or Mexican tolerances have been established for 
fosetyl-Al in dried hops. The 45-ppm level is based on residue studies 
submitted by Rhone-Poulenc Ag Co. that were conducted in the United 
States and represent U.S. hop-growing practices and U.S. techniques for 
control of plant diseases. EPA will establish the maximum tolerance for 
fosetyl-Al residues at 45 ppm based on this U.S. data. However, any 
interested party, including the German Embassy, may petition the Agency 
to increase this tolerance. After review of supporting data, if the 
tolerance protects the public health, EPA would establish the higher 
tolerance, if appropriate.
    There were no requests for referral to an advisory committee 
received in response to the proposed rule.
    The data submitted relevant to the proposal and other related 
material have been evaluated and discussed in the proposed rule. Based 
on the data and information considered, the Agency concludes that the 
tolerance will protect the public health. Therefore, the tolerance is 
established as set forth below.
    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 (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 or 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: April 1, 1994.

Douglas D. Campt,
Director, 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. 180.415, by amending paragraph (a) in the table therein 
by alphabetically inserting the raw agricultural commodity dried hops, 
to read as follows:


Sec. 180.415   Aluminum tris(O-ethylphosphonate); tolerances for 
residues.

    (a) *  *  *

------------------------------------------------------------------------
                                                              Parts per 
                         Commodity                             million  
------------------------------------------------------------------------
                                                                        
                                  *****                                 
Hops, dried................................................           45
                                                                        
                                  *****                                 
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* * * * *

[FR Doc. 94-8876 Filed 4-12-94; 8:45 am]
BILLING CODE 6560-50-F