[Federal Register Volume 59, Number 114 (Wednesday, June 15, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-14421]


[[Page Unknown]]

[Federal Register: June 15, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180

[OPP-300339/FRL-4780-6]
RIN No. 2070-AC18

 

Definitions and Interpretations; Oriental Radish

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: This document proposes that 40 CFR 180.1(h) be amended to add 
EPA's interpretation for the application of tolerances and exemptions 
from the requirement of a tolerance established for pesticide chemicals 
in or on the raw agricultural commodity oriental radish. The proposed 
amendment to 40 CFR 180.1(h) is based, in part, on recommendations of 
the Interregional Research Project No. 4 (IR-4).

DATES: Comments, identified by the document control number [OPP-
300339], must be received on or before July 15, 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 22202.
    Information submitted as a comment concerning this notice 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: Hoyt L. Jamerson, Emergency 
Response and Minor Use Section (7505W), Registration Division, 
Environmental Protection Agency, 401 M St., SW., Washington, DC 20460. 
Office location and telephone number: Sixth Floor, Crystal Station #1, 
2800 Jefferson Davis Hwy., Arlington, VA 22202, (703)-308-8783.

SUPPLEMENTARY INFORMATION: Paragraph (h) of 40 CFR 180.1 provides a 
listing of general commodity terms and EPA's interpretation of those 
terms as they apply to tolerances and exemptions from the requirement 
of a tolerance for pesticide chemicals under section 408 of the Federal 
Food, Drug, and Cosmetic Act, 21 U.S.C. 346a. General commodities are 
listed in column A of 40 CFR 180.1(h), and the corresponding specific 
commodities, for which tolerances and exemptions from the requirement 
of a tolerance established for the general commodity apply, are listed 
in column B. The Interregional Research Project No. 4 (IR-4), New 
Jersey Agricultural Experiment Station, P.O. Box 231, Rutgers 
University, New Brunswick, NJ 08903, has requested that 40 CFR 180.1(h) 
be amended to add the commodity term ``oriental radish (root and 
tops)'' to the general category of commodities in column A and to add 
the corresponding specific commodities ``Raphanus sativus var. 
longipinnatus (root and tops), including Chinese or Japanese radish 
(both white and red), winter radish, daikon, lobok, lo pak, and other 
cultivars and/or hybrids of these'' to column B.
    The amendment is being requested to establish a commodity 
definition for oriental radishes for tolerance-setting purposes and to 
identify the specific commodities which comprise the general category 
of oriental radishes. In February 1990, in response to a request from 
the Hawaii Department of Agriculture for EPA to establish a commodity 
definition for radish to include Japanese and other oriental radishes, 
the Agency determined that tolerances set for the common radish will 
not apply to oriental radishes but that it would be appropriate to add 
a general commodity definition for ``oriental radish'' for tolerance 
purposes to cover the wide variety of forms and cultivars which 
constitute oriental radishes.
    The crop group regulations in 40 CFR 180.34(f) enable the 
establishment of tolerances for a group of related crops. Once the crop 
group tolerance is established, the tolerance level applies to all raw 
agricultural commodities within the group, unless a crop is 
specifically excluded. Currently, Japanese radish (daikon) is included 
in the Root and Tuber Vegetables group (40 CFR 180.34(f)(9)(i)) and in 
the Leaves of Root and Tuber Vegetables group (40 CFR 
180.34(f)(9)(ii)), but is not covered by individual tolerances for 
radishes. If this proposed action to amend 40 CFR 180.1(h) is 
finalized, EPA will initiate revisions to 40 CFR 180.34(f)(9)(i) and 
(ii) and to any existing tolerance regulations for Chinese or Japanese 
radishes to reflect the change in nomenclature to ``oriental radish.''
    EPA has completed an evaluation of the proposed amendment and 
concludes that pesticide residues in the various cultivars of Raphanus 
sativus var. longipinnatus are expected to be similar when equal 
amounts of pesticide are applied for control of a common pest. Radishes 
are generally affected by the same pest and disease problems as other 
members of the mustard (Cruciferae) family, such as the cabbages. The 
major insect pest of radishes is root maggots that attack the roots.
    All radishes are forms and species of the genus Raphanus and 
members of the Cruciferae family. Radishes are cool season crops grown 
as annuals. Seeds are planted in the fall, and the roots enlarge in the 
cool months.
    Most oriental radishes have roots weighing between 3 and 5 pounds; 
however, Japanese radishes may produce large roots up to 40 to 50 
pounds, and their leafy tops can spread to more than 2 feet. They also 
require a longer growing season (50 to 60 days) than the common radish.
    Chinese radish roots can weigh up to 100 pounds, but most are 10 to 
20 pounds at maturity, and in Florida the average is 20 pounds. Other 
oriental radishes have an average weight of 1 to 2-1/2 pounds. Roots 
range in length from 18 to 24 inches and vary in shape from round to 
elongated and cylindrical. Colors include white, pink, red, purple, 
black, and occasionally dark brown.
    Cultivars of radishes are classified into three types, depending on 
the number of days it takes the root to mature: (1) spring cultivars, 
ready to harvest in 20 to 30 days; (2) summer cultivars, ready to 
harvest in 35 to 40 days; and (3) winter cultivars, ready to harvest in 
50 to 60 days and as high as 90 days.
    Oriental radishes are usually available all year, mostly from 
Hawaii and California, with smaller amounts from Florida. The fall and 
winter roots are milder than the spring and summer radish production 
which are more pungent. The oriental radishes are eaten fresh (raw) or 
pickled like cucumbers or grated, chopped, or sliced for use in stir-
fry or sushi dishes. Leaves are used like turnip tops as a salad or 
soup green.
    At present, the most common type of oriental radish planted in the 
U.S. is the daikon or Japanese radish. There are presently many 
cultivars, plus several new and improved cultivars and hybrids being 
developed for increased disease resistance, earlier production, and 
better winter hardiness that will give the grower several options to 
respond to consumer demand.
    Based on the above information, the Agency concludes that it is 
appropriate that the general commodity ``oriental radish (root and 
tops)'' should be interpreted for tolerance purposes to include the 
corresponding specific commodities ``Raphanus sativus var. 
longipinnatus (root and tops), including Chinese or Japanese radish 
(both white and red), winter radish, daikon, lobok, lo pak, and other 
cultivars and/or hybrids of these.'' Therefore, it is proposed that the 
changes to 40 CFR 180.1(h) be made as set forth below.
    Interested persons are invited to submit written comments on the 
proposed regulation. Comments must bear a notation indicating the 
document control number, [OPP-300339]. All written comments filed in 
response to this proposal will be available in the Public Response and 
Program Resources Branch, at the address given above from 8 a.m. to 4 
p.m., Monday through Friday, except legal holidays.
    The Office of Management and Budget has exempted this rule from the 
requirements of section 3 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).
    Although this regulation does not establish or raise a tolerance 
level or establish an exemption from the requirement of a tolerance, 
the impact of the regulation would be the same as establishing new 
tolerances or exemptions from the requirement of a tolerance. 
Therefore, the Administrator concludes that this rule would not have a 
significant economic impact on a substantial number of small entities.

List of Subjects in 40 CFR Part 180

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

Dated: May 31, 1994.

Stephanie R. Irene,
Acting Director, Registration Division, 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. Section 180.1(h) is amended by adding and alphabetically 
inserting the general commodity ``oriental radish (root and tops)'' in 
column ``A'' and the corresponding specific commodities ``Raphanus 
sativus var. longipinnatus (root and tops), including Chinese or 
Japanese radish (both white and red), winter radish, daikon, lobok, lo 
pak, and other cultivars and/or hybrids of these'' in column ``B'' to 
read as follows:


Sec. 180.1   Definitions and interpretations.

* * * * *
    (h) *  *  * 

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           A                                   B                        
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                              * * * * * * *                             
Oriental radish (root   Raphanus sativus var. longipinnatus (root and   
 and tops).              tops), including Chinese or Japanese radish    
                         (both white and red), winter radish, daikon,   
                         lobok, lo pak, and other cultivars and/or      
                         hybrids of these.                              
                                                                        
                              * * * * * * *                             
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[FR Doc. 94-14421 Filed 6-14-94; 8:45 am]
BILLING CODE 6560-50-F