[Federal Register Volume 59, Number 72 (Thursday, April 14, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-9019]


[[Page Unknown]]

[Federal Register: April 14, 1994]


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POSTAL SERVICE
 

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[PP 1F3961 and 1F3962/P578; FRL-4759-4]
RIN No. 2070-AC18

Pesticide Tolerances for Thifensulfuron Methyl and Tribenuron 
Methyl

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: This proposed rule sets tolerances for residues of the 
herbicides thifensulfuron methyl and tribenuron methyl on the raw 
agricultural commodities (RAC) oat grain at 0.05 part per million (ppm) 
and oat straw at 0.1 ppm. E.I. DuPont de Nemours & Co., Inc., requested 
this regulation.

DATES: Comments, identified by the document control number, [PP 1F3961 
and 1F3962/P578], or requests for a hearing must be received on or 
before May 16, 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, deliver comments to: Rm. 1128, CM #2, 
1921 Jefferson Davis Hwy., Arlington, VA 22202.
    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 will be included in the public docket by the EPA without 
prior notice. The public docket is available for public inspection in 
Rm. 1128 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: Joanne I. Miller, Product 
Manager (PM 23), Registration Division (7505C), Office of Pesticide 
Programs, Environmental Protection Agency, 401 M St., SW., Washington, 
DC 20460. Office location and telephone number: Rm. 237, CM #2, 1921 
Jefferson Davis Hwy., Arlington, VA 22202, (703)-305-7830.
SUPPLEMENTARY INFORMATION: This proposal announces that E.I. DuPont de 
Nemours & Co., Inc., Barley Mill Plaza, P.O. Box 80038, Wilmington, DE 
19880-0038, has submitted pesticide petitions (PP) 1F3961 and 1F3962 to 
EPA proposing that 40 CFR part 180 be amended under section 408 of the 
Federal Food, Drug and Cosmetic Act, 21 U.S.C. 346a, by establishing 
tolerances for the herbicides thifensulfuron methyl (methyl-3-[[[[(4-
methoxy-6-methyl-1,3,5-triazin-2-yl)amino]carbonyl]amino] sulfonyl]-2-
thiophene carboxylate) and tribenuron methyl (methyl-2-[[[[N-(4-
methoxy-6-methyl-1,3,5-triazin-2-yl) methylamino]carbonyl] 
amino]sulfonyl] benzoate), each on the raw agricultural commodities 
(RAC) oat grain at 0.05 part per million (ppm) and oat straw at 0.1 
ppm.
    EPA has evaluated the data submitted in the petition and other 
relevant material. The data and other relevant material are listed 
below:

Thifensulfuron methyl:

    1. Acute oral LD50. Rats, LD50 greater than 5,000 mg/kg, 
Toxicity Category IV.
    2. Acute dermal LD50. Rabbit, LD50 greater than 2,000 mg/
kg, Toxicity Category III.
    3. Acute inhalation LC50. Rat, LC50 equals 7.9 mg/L/4 hr, 
Toxicity Category III.
    4. Primary eye irritation study. Rabbits, the mean eye irritation 
score was 9.8 (range of 4 to 39), Toxicity Category IV.
    5. Primary dermal irritation study. Rabbits, under the conditions 
of the study, test material (thifensulfuron methyl) was a slight dermal 
irritant, Toxicity Category IV.
    6. Ninety-day feeding. Rat, systemic NOEL equals 100 ppm (5mg/kg), 
LEL equals 2,500 ppm (125 mg/kg), based on a decrease in body weight, 
clinical pathology.
    7. Thirteen-week subchronic feeding. Dog, NOEL equals 1,500 ppm 
(37.5 mg/kg). LEL equals 7,500 ppm (187.5 mg/kg), based on a decrease 
in body and adrenal weights in males.
    8. Developmental toxicity. Rat, maternal NOEL equals 725 mg/kg HDT, 
developmental toxicity NOEL equals 159 mg/kg, LEL equals 725 mg/kg, 
based on an increased incidence of small renal papillae or absence of 
renal papillae.
    9. Developmental toxicity. Rabbit, maternal NOEL equals 158 mg/kg, 
LEL equals 511 mg/kg, based on a decrease in body-weight gain; 
developmental NOEL equals 511 mg/kg HDT.
    10. Chronic toxicity. Dog, NOEL equals 750 ppm (18.75 mg/kg), LEL 
equals 7,500 ppm (187.5 mg/kg), based on a decrease in body weight/
body-weight gain in males and an increase in liver weight.
    11. Two-generation reproduction. Rat, systemic NOEL equals 2,500 
ppm (125 mg/kg) HDT, reproductive NOEL equals 2,500 ppm (125 mg/kg).
    12. Chronic toxicity/carcinogenicity. Rat, systemic NOEL equals 25 
ppm (1.25 mg/kg), LEL equals 500 ppm (25 mg/kg), based on a decrease in 
sodium levels, body weight/ body weight gains; negative for 
carcinogenicity.
    13. Carcinogenicity. Mouse, systemic NOEL equals 25 ppm (3.75 mg/
kg), LEL equals 750 ppm (112.5 mg/kg), based on a decrease in body-
weight gains, negative for carcinogenicity.
    14. Mutagenicity. Category I, not mutagenic with/without metabolic 
activation. Category II, negative for clastogenic response at 5,000 mg/
kg. Category III, did not induce significant increase in UDS in primary 
rat hepatocytes.
    15. Metabolism. Excretion, mainly as parent, mostly in urine/feces; 
No apparent tissue accumulation, although the majority is not 
eliminated until 48 hours post dose; metabolites: triazine amine, O-
demethyl thifensuluron, thiophene sulfonamide, thifensulfuron acid, 2-
acid-3-sulfonamide.

Tribenuron methyl:

    1. Acute oral LD50. Rat, LD50 greater than 5,000 mg/kg, 
Toxicity Category IV.
    2. Acute dermal LD50. Rabbit, LD50 greater than 2,000 mg/
kg, Toxicity Category III.
    3. Acute inhalation LD50. Rat, LC50 greater than 6.7 mg/
L/4hr, Toxicity Category III.
    4. Primary eye irritation. Rabbit, opacity/irritation clear within 
72 hrs., Toxicity Category III.
    5. Primary dermal irritation. Rabbit, irritation cleared by 72 hrs, 
Toxicity Category IV.
    6. Dermal sensitization. Guinea pig, nonsensitizing.
    7. Ninety-day feeding. Rat, systemic NOEL equals 100 ppm (5 mg/kg), 
LEL equals 1,750 ppm (87.5 mg/kg), based on a decrease in body weight 
gain and food consumption/food elimination, absolute heart/brain/liver/
kidney weights; increased relative organ weights; a decreased in 
glucose and cholesterol.
    8. Thirteen-week subchronic. Dog, NOEL greater than 2,500 ppm HDT 
(62.5 mg/kg).
    9. Developmental toxicity. Rat, maternal NOEL equals 20 mg/kg, LEL= 
125 mg/kg, based on a decrease in body weight gain and food 
consumption; developmental toxicity NOEL equals 20 mg/kg, LEL equals 
125 mg/kg, based on a decrease in body weight; at highest dose, an 
increase in resorption and fetal death, incomplete ossification; doses 
tested: 20, 125, 500 mg/kg.
    10. Developmental toxicity. Rabbit, maternal NOEL equals 20 mg/kg, 
LEL equals 80 mg/kg highest dose tested, based on a decrease food 
consumption, an increase in abortions; developmental toxicity NOEL 
equals 20 mg/kg, LEL equals 80 mg/kg HDT, 10% decrease in body weight; 
nonteratogen; doses 5, 20, 80 mg/kg.
    11. Chronic toxicity. Dog, NOEL equals 25 ppm (0.79 mg/kg), LEL 
equals 250 ppm (7.90 mg/kg), based on increase in male/female bilirubin 
and AST levels, increase in urinary volume for males, increase in 
globulin and decrease in body weight gain for females.
    12. Two-generation reproduction. Rat, paternal systemic NOEL equals 
25 (1.25 mg/kg), LEL equals 250 ppm (12.5 mg/kg), based on a decrease 
in body weight gains in F1 females; reproductive NOEL equals 25 ppm 
(1.25 mg/kg), LEL equals 250 ppm (12.5 mg/kg), based on a decrease in 
body weight gains during lactation for F1b and F2b pups; developmental 
NOEL equals 25 ppm (1.25 mg/kg), LEL equals 250 ppm (12.5 mg/kg), based 
on decreased spleen weight in F2b pups.
    13. Chronic toxicity/carcinogenicity. Rat, systemic NOEL equals 25 
ppm (1.25 mg/kg), LEL equals 250 ppm (12.5 mg/kg), based on a decrease 
in body weight gains in both males and females; positive for 
carcinogenicity; increase in mammary gland adenocarcinomas in females; 
dose: 25, 250, 1,250 ppm (1.25 mg/kg, 12.5 mg/kg, 62.5 mg/kg); Health 
Effects Division Peer Review committee classified tribenuron methyl a 
Category C (possible human carcinogen) under EPA's cancer assessment 
guidelines.
    14. Carcinogenicity. Mouse; systemic NOEL equals 20 ppm (3 mg/kg), 
LEL equals 200 ppm (30 mg/kg), based on an increased incidence of 
seminiferous degeneration and oligospermia, 10% decrease in body weight 
gain at 90 days; negative for carcinogenicity.
    15. Mutagenicity. Category I, not mutagenic. Category II, not 
mutagenic. Category III, not mutagenic.
    16. Metabolism. Readily absorbed; major route of excretion-urine; 
no apparent accumulation; major metabolites: metsulfuron, saccharin, O-
demethyl triazine amine.
    The Dietary Risk Evaluation System (DRES) chronic analysis for 
thifensulfuron methyl used a Reference Dose (RfD) of 0.013 mg/kg body 
weight/day, based on a no-observed-effect level (NOEL) of 1.25 mg/kg 
bwt/day and an uncertainty factor of 100. The NOEL is taken from a 2-
year feeding study in rats which demonstrated as an effect lower body 
weight gains in males. Serum sodium in males and females was 
sporadically lower throughout the study. This RfD has been approved by 
both the HED (2/25/88) and Agency RfD (3/23/88) committees. Food uses 
evaluated in this analysis for thifensulfuron methyl were the published 
tolerances (barley, soybeans, and wheat) found in 40 CFR 180.439 and 
the Tolerance Index System (TIS), plus a pending tolerance on corn.
    This chronic exposure analysis was performed for thifensulfuron 
methyl using tolerance level residues and 100 percent crop treated 
information to estimate the Theoretical Maximum Residue Contribution 
(TMRC) for the general population and 22 population subgroups. The TMRC 
for the general population from all published tolerances is 1.1 X 
10-4 mg/kg bwt/day, representing 1% of the RfD. The tolerances 
proposed for the oat grain contributes 5 X 10-6 mg/kg bwt/day, or 
less than 1% of the RfD (viz. 0.03). If proposed new tolerances and the 
pending tolerance on corn are considered, the resulting TMRC would be 
1.3 X 10-4 mg/kg bwt/day, representing 1% of the RfD. The highest 
exposed subgroups are nonnursing infants (less than a year) and 
children (1 to 6 years). The TMRC for all uses, including the pending 
tolerance on corn and the proposed tolerance on oats, for the non-
nursing infants subgroup would be 3.1 X 10-4 mg/kg bwt/day, or 2% 
of the RfD. Using the same exposure assumptions, the subgroup for 
children would result in a TMRC of 2.8 x 10-4 mg/kg bwt/day, also 
2% of the RfD.
    The DRES chronic analysis for tribenuron methyl used a RfD of 0.008 
mg/kg bwt/day, based on a NOEL of 0.79 mg/kg bwt/day and an uncertainty 
factor of 100. The NOEL is taken from a 1-year feeding study in dogs 
which demonstrated as an effect elevated serum bilirubin and AST 
levels. Tribenuron methyl is considered a class C carcinogen with no 
Q* established for quantification of potency. EPA considers the 
cancer risk from tribenuron methyl to be negligible. Food uses 
evaluated in this analysis for tribenuron methyl were the published 
tolerances (barley and wheat) found in 40 CFR 180.451 and TIS. 
Currently there are no other pending tolerances for tribenuron methyl.
    The chronic exposure analysis performed for tribenuron methyl used 
tolerance level residues and 100-percent crop treated information to 
estimate the TMRC for the same 22 subgroups as thifensulfuron methyl. 
The TMRC for the general population from all published tolerances is 
7.4 X 10-5 mg/kg bwt/day, representing 1% of the RfD (viz. 0.92). 
The proposed tolerance on oats contributes an additional 5.0 X 10-
6 mg/kg bwt/day, which represents less than 1% of the RfD. If the new 
tolerance is established the total TMRC would equal 7.8 X 10-5 mg/
kg bwt/day, or 1% of the RfD (viz. 0.97). The highest exposed subgroups 
are children (1 to 6 years) and children (7 to 12 years). If the 
proposed tolerance on oats is established the resultant TMRC, from all 
uses, would be 1.7 X 10-4 mg/kg bwt/day, comprising 2% of the RfD 
for children (1 to 6 years). If the tolerance on oats is established 
the TMRC from all uses would be 1.2 X 10-4 mg/kg bwt/day for 
children (7 to 12 years), also 2% of the RfD.
    DRES considers the dietary risks from thifensulfuron methyl and 
tribenuron methyl on oats to be of minimal concern. Also, considering 
that the proposed uses are given at tolerance level and 100% crop 
treated values were used there is likely an overestimation of 
exposures. Exposure from residues for thifensulfuron methyl through 
oats represents less then 1% of the RfD for the U.S. population. 
Similarly, exposure from residues for tribenuron methyl through oats 
represents less then 1% of the RfD for the U.S. population. Based on 
these values, EPA concludes that the chronic dietary risk for residues 
of thifensulfuron methyl and tribenuron methyl through the proposed use 
on oat grain is minimal.
    Section 409 tolerances for thifensulfuron methyl and tribenuron 
methyl on oat processed commodities are not needed because residues are 
not expected to concentrate on processing.
    There are no pending regulatory actions against the registration of 
these pesticides. These pesticides are useful for the purpose for which 
these tolerances are sought. Adequate analytical methodology is 
available for enforcement purposes. The method is not yet published in 
the Pesticide Analytical Manual, Vol. II (PAM II), but can be obtained 
in the interim period as follows: By mail from: Calvin Furlow, Public 
Response and Program Resources Branch, Field Operations Division 
(7506C), Office of Pesticide Programs, Environmental Protection Agency, 
401 M St., SW., Washington, DC 20460. Office location and telephone 
number: Crystal Mall #2, Rm. 1128, 1921 Jefferson Davis Hwy., 
Arlington, VA 22202, (703)-305-5805.
    Based on the information cited above, the Agency has determined the 
tolerances established by amending 40 CFR 180 would protect the public 
health. Therefore, it is proposed that the tolerances be established as 
set forth below.
    Any person who has registered or submitted an application for 
registration of a pesticide, under the Federal Insecticide, Fungicide, 
and Rodenticide Act (FIFRA) as amended, which contains any of the 
ingredients listed herein, may request within 30 days after publication 
of this document in the Federal Register that this rulemaking proposal 
be referred to an advisory committee in accordance with section 408(e) 
of the Federal Food, Drug, and Cosmetic Act.
    The Office of Management and Budget has exempted this rule from the 
requirements of Executive Order 12866.
    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 5, 1994.

Stephen L. Johnson,
Acting Director, Registration Divison, Office of Pesticide Programs.

    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.

    2. By revising Sec. 180.439, to read as follows:


Sec. 180.439   Thifensulfuron methyl (methyl-3-[[[[(4-methoxy-6-methyl-
1,3,5-triazin-2-yl) amino]carbonyl]amino] sulfonyl]-2-thiophene 
carboxylate); tolerances for residues.

    Tolerances are established for residues of the herbicide 
thifensulfuron methyl (methyl-3-[[[[(4-methoxy-6-methyl-1,3,5-triazin-
2-yl)amino]carbonyl] amino] sulfonyl]-2-thiophene carboxylate) in or on 
the following raw agricultural commodities: 

------------------------------------------------------------------------
                                                              Parts per 
                         Commodity                             million  
------------------------------------------------------------------------
Barley, grain.............................................          0.05
Barley, straw.............................................          0.1 
Oat, grain................................................          0.05
Oat, straw................................................          0.10
Soybeans..................................................          0.1 
Wheat, grain..............................................          0.05
Wheat, straw..............................................          0.1 
------------------------------------------------------------------------

    3. By revising Sec. 180.451, to read as follows:


Sec. 180.451  Tribenuron methyl (methyl-2-[[[[N-(4-methoxy-6-methyl-
1,3,5-triazin-2-yl)methylamino]carbonyl] amino]sulfonyl]benzoate); 
tolerances for residues.

    Tolerances are established for residues of the herbicide tribenuron 
methyl (methyl-2-[[[[N-(4-methoxy-6-methyl-1,3,5-triazin-2-
yl)methylamino]carbonyl] amino]sulfonyl]benzoate) in or on the 
following raw agricultural commodities: 

------------------------------------------------------------------------
                                                              Parts per 
                         Commodity                             million  
------------------------------------------------------------------------
Barley, grain..............................................         0.05
Barley, straw..............................................         0.10
Oat, grain.................................................         0.05
Oat, straw.................................................         0.10
Wheat, grain...............................................         0.05
Wheat, straw...............................................         0.10
------------------------------------------------------------------------


[FR Doc. 94-9020 Filed 4-13-94; 8:45 am]
BILLING CODE 6560-50-F
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POSTAL SERVICE
40 CFR Parts 180, 185, and 186

[OPP-300328; FRL-4762-2]
RIN 2070-AC18

Pesticide Chemicals; Various Revocations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to revoke tolerances and food additive and 
feed additive regulations established for residues of 17 pesticide 
chemicals in or on certain raw agricultural commodities (RACs), 
processed foods, and animal feeds. EPA is initiating this action for 
those pesticides which have no food use registrations. The applicable 
registrations for these pesticides have been canceled because of 
nonpayment of maintenance fees or by registrant request.

DATES: Written comments, identified by the document control number 
[OPP-300328], must be received on or before June 13, 1994.

ADDRESSES: By mail, submit comments to: Public Response Section, 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. 1128 at 
the Virginia address given above, from 8 a.m. to 4:30 p.m., Monday 
through Friday, excluding legal holidays.

FOR FURTHER INFORMATION CONTACT: By mail: Owen F. Beeder, Registration 
Division (7505W), Environmental Protection Agency, 401 M St., SW., 
Washington, DC 20460. Office location and telephone number: 6th Floor, 
2800 Jefferson Davis Hwy., Arlington, VA, (703)-308-8351.
SUPPLEMENTARY INFORMATION: This document proposes the revocation of all 
tolerances and food additive and feed additive regulations 
(``tolerances'') established under sections 408 and 409 of the Federal 
Food, Drug, and Cosmetic Act (FFDCA) (21 U.S.C. 346a and 348) for 
residues of the herbicides tributylphosphorotrithioite, 2-
chloroallyldiethyldithiocarbamate, norea, barban, sodium 
trichloroacetate, dinitramine, dipropetryn and bifenox; the plant 
regulators 1,2,4,5-tetrachloro-3-nitrobenzene and cycloheximide; the 
insecticides O,O-dimethyl O-p-(dimethylsulfamoyl) phenyl 
phosphorothioate (including its oxygen analog), crotoxyphos, 
pirimiphos-ethyl, chlorfenvinphos, phenothiazine, and flucythrinate; 
and the fungicide hexachlorophene in or on raw agricultural commodities 
(RACs), processed foods, and feeds. EPA is initiating this action 
because all registered uses of these pesticide chemicals in or on RACs 
and processed foods have been canceled. The registrations for these 
pesticide chemicals were canceled because the registrant failed to pay 
the required maintenance fee, or the registrant voluntarily canceled 
all registered uses of the pesticide.
    Because there are no current food use registrations for any of 
these 17 pesticide chemicals, EPA proposes to revoke the tolerances and 
food additive and feed additive regulations for these pesticide 
chemicals. A tolerance, food additive, or feed additive regulation is 
generally not necessary for a pesticide chemical which is not 
registered for a particular food use. The Agency is not recommending 
the establishment of action levels in place of these regulations. Since 
there are no food use registrations of these products, and hence no 
legal use in the United States, and since these pesticides are either 
not persistent, or sufficient time has elapsed since the prior use for 
residues to dissipate, residues should not appear in any domestically 
produced commodities.
    The tolerances and food and feed additive regulations listed in 40 
CFR parts 180, 185, and 186 being proposed for revocation are as 
follows: Sec. 180.186 (tributylphosphorotrithioite), Sec. 180.203 
(1,2,4,5-tetrachloro-3-nitrobenzene), Sec. 180.233 (O,O-dimethyl O-p-
(dimethylsulfamoyl) phenyl phosphorothioate (including its oxygen 
analog)), Sec. 180.247 (2-chloroallyldiethyldithiocarbamate), 
Sec. 180.260 (norea), Sec. 180.268 (barban), Sec. 180.280 (dimethyl 
phosphate of alpha-methylbenzyl-3-hydroxy cis-crotonate (crotoxyphos)), 
Sec. 180.302 (hexachlorophene), Sec. 180.308 (pirimiphos-ethyl), 
Sec. 180.310 (sodium trichloroacetate), Sec. 180.319 (phenothiazine), 
Sec. 180.322 (2-chloro-1-(2,4-dichlorophenyl) vinyl diethyl phosphate 
(chlorfenvinphos)), Sec. 180.327 (dinitramine), Sec. 180.329 
(dipropetryn), Sec. 180.336 (cycloheximide), Sec. 180.351 (bifenox), 
Sec. 180.400 (flucythrinate), Sec. 185.3300 (flucythrinate), and 
Sec. 186.3300 (flucythrinate).
    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 any of these 17 
pesticide chemicals may request, within 30 days after publication of 
this document in the Federal Register, that the proposal to revoke the 
RAC 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 revoking the RAC tolerances and processed food and 
feed additive regulations. Further, EPA is soliciting comments from 
anyone adversely affected by revocation of these tolerances and food 
and feed additive regulations. EPA requests that any person adversely 
affected by these revocations submit information providing the 
following specific information:
    1. Are there any existing stocks of the chemical?
    2. If so, how much?
    3. When will the stocks be depleted?
    4. How long would the commodities treated with these chemicals be 
in the channels of trade?
     Comments must bear a notation indicating the document control 
number, [OPP-300328]. All written comments filed in response to this 
document will be available for public inspection in the Public Response 
Section, at the Virginia address given above, from 8 a.m. to 4:30 p.m., 
Monday through Friday, except legal holidays.
    The Agency has conducted an analysis in order to satisfy 
requirements as specified by Executive Order 12866 and the Regulatory 
Flexibility Act. This analysis is available for public inspection in 
Rm. 1132 at the Virginia address given above.

Executive Order 12866

    Executive Order 12866 requires the Agency initially to determine 
whether a proposed regulatory action being proposed or issued is a 
``significant'' rule and therefore subject to 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

    This proposed 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 it has been determined that it will not have an economic 
impact on small businesses, small organizations, or small governmental 
jurisdictions.
    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 domestic registrations for use of these 17 pesticide 
chemicals have been canceled, it is anticipated that no economic impact 
would occur at any level of business enterprises if these tolerances 
and food and feed additive regulations are revoked.
    Accordingly, I certify that this regulatory action does not require 
a separate regulatory flexibility analysis under the Regulatory 
Flexibility Act.

List of Subjects in 40 CFR Parts 180, 185, and 186

    Environmental protection, Administrative practice and procedure, 
Agricultural commodities, Food additives, Feed additives, Pesticides 
and pests, Processed foods, Reporting and recordkeeping requirements.

    Dated: March 24, 1994.

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

    Therefore, it is proposed that 40 CFR parts 180, 185 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. 180.186   [Removed]

    b. By removing Sec. 180.186 Tributylphosphorotrithioite; tolerance 
for residues.


Sec. 180.203   [Removed]

    c. By removing Sec. 180.203 1,2,4,5-Tetrachloro-3-nitrobenzene; 
tolerances for residues.


Sec. 180.233   [Removed]

    d. By removing Sec. 180.233 O,O-Dimethyl O-p-(dimethylsulfamoyl) 
phenyl phosphorothioate including its oxygen analog; tolerances for 
residues.


Sec. 180.247   [Removed]

    e. By removing Sec. 180.247 2-Chloroallyldiethyldithiocarbamate; 
tolerances for residues.


Sec. 180.260   [Removed]

    f. By removing Sec. 180.260 Norea; tolerances for residues.


Sec. 180.268   [Removed]

    g. By removing Sec. 180.268 Barban; tolerances for residues.


Sec. 180.280   [Removed]

    h. By removing Sec. 180.280 Dimethyl phosphate of alpha-
methylbenzyl-3-hydroxy-cis-crotonate; tolerances for residues.


Sec. 180.302   [Removed]

    i. By removing Sec. 180.302 Hexachlorophene; tolerance for 
residues.


Sec. 180.308   [Removed]

    j. By removing Sec. 180.308 Pirimiphos-ethyl; tolerances for 
residues.


Sec. 180.310   [Removed]

    k. By removing Sec. 180.310 Sodium trichloroacetate; tolerances for 
residues.


Sec. 180.319   [Amended]

    l. By amending Sec. 180.319 Interim tolerances by removing the 
entry for phenothiazine from the table of pesticide chemicals therein.


Sec. 180.322   [Removed]

    m. By removing Sec. 180.322 2-Chloro-1-(2,4-dichlorophenyl) vinyl 
diethyl phosphate; tolerances for residues.


Sec. 180.327   [Removed]

    n. By removing Sec. 180.327 Dinitramine; tolerances for residues.


Sec. 180.329   [Removed]

    o. By removing Sec. 180.329 Dipropetryn; tolerance for residues.


Sec. 180.336   [Removed]

    p. By removing Sec. 180.336 Cycloheximide; tolerances for residues.


Sec. 180.351   [Removed]

    q. By removing Sec. 180.351 Bifenox; tolerances for residues.


Sec. 180.400   [Removed]

    r. By removing Sec. 180.400 Flucythrinate; tolerances for residues.

PART 185--[AMENDED]

    2. In part 185:
    a. The authority citation for part 185 continues to read as 
follows:

    Authority: 21 U.S.C. 346a and 348.

Sec. 185.3300   [Removed]

    b. By removing Sec. 185.3300 Flucythrinate.

PART 186--[AMENDED]

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

    Authority: 21 U.S.C. 348.

Sec. 186.3300   [Removed]

    b. By removing Sec. 186.3300 Flucythrinate.

[FR Doc. 94-9019 Filed 4-13-94; 8:45 am]
BILLING CODE 6560-50-F