[Federal Register Volume 59, Number 119 (Wednesday, June 22, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-15074]
[[Page Unknown]]
[Federal Register: June 22, 1994]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 180 and 185
[OPP-300336; FRL-4776-9]
RIN No. 2070-AC18
Proposed Revocation of Tolerances and Food Additive Regulations for
Sulfur Dioxide and Tetradifon
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: This document proposes to revoke tolerances, exemptions from
tolerance, and food additive regulations established for residues of
sulfur dioxide and tetradifon in or on certain raw agricultural
commodities (RACs) and processed foods. EPA is initiating this action
because there are no current registrations associated with these food
uses. The applicable registrations for these pesticide uses have been
canceled by company request or because of nonpayment of maintenance
fees.
DATES: Written comments, identified by the document control number
[OPP-300336], must be received on or before August 22, 1994.
ADDRESSES: By mail, submit 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.
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 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 Crystal Drive, Arlington, VA, (703)-308-8351.
SUPPLEMENTARY INFORMATION: This document proposes the revocation of
certain tolerances, exemptions from tolerances, and food 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 insecticide/miticide tetradifon and the
fungicide sulfur dioxide in or on raw agricultural commodities (RACs)
and processed foods. EPA is initiating this action because all
registered food uses associated with these tolerances, exemptions from
tolerances, and food additive regulations have been canceled. The
registrations for sulfur dioxide and tetradifon were canceled because
the registrant failed to pay the required maintenance fee and/or the
registrant voluntarily canceled all registered uses of the pesticide.
Based on the fact that there are no current food use registrations
associated with these tolerances, exemptions from tolerance, and food
additive regulations, EPA proposes to revoke them. A tolerance, an
exemption from tolerance, or a food additive regulation is generally
not necessary for a pesticide chemical that is not registered for a
particular food use. The Agency is not recommending the establishment
of action levels in place of these tolerance regulations. Since there
are no food use registrations associated with these tolerances,
exemptions from tolerance, and food additive regulations, and hence no
legal use in the United States, and since these pesticides are either
not persistent or sufficient time has elapsed since their prior use for
residues to dissipate, residues should not appear in any domestically
produced commodities.
EPA proposes to revoke the tolerances for residues of the
insecticide/miticide tetradifon (2,4,5,4'-tetrachlorodiphenyl sulfone)
as listed in 40 CFR 180.174 in or on the following raw agricultural
commodities: peppermint and spearmint (100 ppm); fresh hops (30 ppm);
figs (6 ppm); apples, apricots, cherries, crabapples, grapes,
nectarines, peaches, pears, plums (fresh prunes), quinces, and
strawberries (5 ppm); citrus citron, grapefruit, lemons, limes,
oranges, and tangerines (2 ppm); cucumbers, melons, pumpkins, tomatoes,
and winter squash (1 ppm); meat and milk (0 ppm). EPA proposes to
revoke the exemption from tolerance for residues of the fungicide
sulfur dioxide as listed in 40 CFR 180.1013: (1) liquid grain-fumigant
formulations for marker or fire-retardant purposes at levels not
exceeding 5 percent by weight of such formulations are exempted from
the requirement of a tolerance in or on barley, buckwheat, corn, oats,
popcorn, rice, rye, grain sorghum (milo), and wheat; (2) residues of
sulfur dioxide resulting from postharvest fungicidal use are exempted
from the requirement of a tolerance in or on corn for feed use only.
EPA also proposes to revoke the food additive regulations for
residues of the pesticide tetradifon (2,4,5,4'-tetrachlorodiphenyl
sulfone) as listed in 40 CFR 185.5475 in or on the following
commodities: dried hops (120 ppm); dried figs (10 ppm); dried tea (8
ppm).
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 sulfur dioxide or
tetradifon 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 tolerances and exemption from the
requirement of a tolerance for raw agricultural commodities, and food
additive regulations for processed foods. Further, EPA is soliciting
comments from any person adversely affected by revocation of the
tolerances, exemptions from tolerance, and food additive regulations.
EPA requests that anyone 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-300336]. 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
Under Executive Order 12866 (58 FR 51735, Oct. 4. 1993), the Agency
must determine whether a proposed regulatory action being proposed 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
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 these uses of tetradifon and
sulfur dioxide have been canceled, it is anticipated that no economic
impact would occur at any level of business enterprises if these
tolerances, exemptions from tolerance, and food 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 and 185
Environmental protection, Administrative practice and procedure,
Agricultural commodities, Food additives, Pesticides and pests,
Processed foods, Reporting and recordkeeping requirements.
Dated: June 7, 1994.
Daniel M. Barolo,
Acting Director, Office of Pesticide Programs.
Therefore, it is proposed that 40 CFR parts 180 and 185 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. 180.174 [Removed]
b. By removing Sec. 180.174 Tetradifon; tolerances for residues.
Sec. 180.1013 [Removed]
c. By removing Sec. 180.1013 Sulfur dioxide for use in fumigants
for stored grains; exemption from the requirement of a tolerance.
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. 185.5475 [Removed]
b. By removing Sec. 185.5475 Tetradifon.
[FR Doc. 94-15074 Filed 6-21-94; 8:45 am]
BILLING CODE 6560-50-F