[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]


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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.

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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