[Federal Register Volume 59, Number 133 (Wednesday, July 13, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-16856]


[[Page Unknown]]

[Federal Register: July 13, 1994]


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POSTAL SERVICE
 

40 CFR Parts 180, 185, and 186

[OPP-300323; FRL-4759-3]
RIN 2070-AC18

Carbophenothion; Revocation of Tolerances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This document revokes all food tolerances for residues of the 
insecticide carbophenothion, all food additive tolerances, and all feed 
tolerances. EPA is taking this action because all registered uses of 
carbophenothion on these commodities have been cancelled.

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

ADDRESSES: Written objections and hearing requests, identified by the 
document control number [OPP-300323], 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 should also be submitted to: Public 
Response and Program Resources Branch, Field Operations Division 
(7605C), Office of Pesticide Programs, Environmental Protection Agency, 
401 M St., SW., Washington, DC 20460. In person, deliver objections and 
hearing requests filed with the Hearing Clerk to: Rm. 1128, Crystal 
Mall #2, 1921 Jefferson Davis Hwy., Arlington, VA. 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: Paul Parsons, Special Review 
and Reregistration Division (7508W), Environmental Protection Agency, 
401 M St., SW., Washington, DC 20460. Office location and telephone 
number: Special Review Branch, 2800 Crystal Drive, Arlington, VA (703-
308-8037).

SUPPLEMENTARY INFORMATION: This document announces the revocation of 
tolerances established under sections 408 and 409 of the Federal Food, 
Drug, and Cosmetic Act (FFDCA) (21 U.S.C. 346(a) and 348), for residues 
of the insecticide carbophenothion in or on the commodities listed in 
40 CFR 180.156, 40 CFR 185.700, and 40 CFR 186.700. These commodities 
are: alfalfa (fresh and hay); almond hulls; apples; apricots; beans 
(dry); beans, lima (succulent); beans, snap (succulent); bean straw; 
beets, garden (root and top); blueberries; cantaloupe; cattle fat; 
cherries; clover (fresh and hay); corn (kernels plus cob with husks 
removed); corn forage; cottonseed, undelinted; crabapples; cucumbers; 
eggplants; figs; goats, fat; grapefruit; grapes; hogs, fat; lemons; 
limes; milk; nectarines; olives; onions (dry bulb and green); oranges; 
peaches; pears; peas (succulent); pecans; peppers; pimentos; plums 
(fresh prunes); quinces; sheep, fat; sorghum, forage; sorghum, grain; 
soybeans (succulent); spinach; strawberries; sugarbeets (roots and 
tops); summer squash; tangerines; tomatoes; walnuts and watermelons 
(180.156); dried tea (185.700); and dehydrated citrus pulp and citrus 
meal for cattle feed (186.700).
    EPA issued a proposed rule, published in the Federal Register of 
October 21, 1993 (58 FR 54316), which proposed the revocation of 
tolerances for residues of carbophenothion in or on various 
commodities. The Agency's decision to revoke these tolerances was based 
on the fact that all registered uses of carbophenothion products have 
been cancelled and any provision for sales and/or distribution of 
stocks has expired.
    The Agency believes that sufficient time has passed for legally 
treated agricultural commodities to have gone through the channels of 
trade. Since it is unlikely that carbophenothion, which is not a 
persistent pesticide, would persist in soil more than 4 years, there is 
no anticipation of a residue problem due to environmental 
contamination. Consequently, no action levels are being recommended to 
replace these revoked tolerances. No public comments or requests for 
referral to an advisory committee were received in response to the 
notice of proposed rulemaking. Therefore, based on the information 
considered by the Agency and discussed in detail in the October 21, 
1993 proposal and in this final rule, the Agency is hereby revoking the 
tolerances listed in 40 CFR 180.156, 40 CFR 185.700 and 40 CFR 186.700.
    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 a request for a hearing with the Hearing 
Clerk, at the address given above (40 CFR 178.20). A copy of the 
objections and 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 each such issue, 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, competiton, 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 of 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.
    This rulemaking 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 a significant economic 
impact on a substantial number of small businesses, small governments, 
or small organizations. The reasons for this conclusion are discussed 
in the proposed rule.

List of Subjects in 40 CFR Part 180

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

    Dated: June 23, 1994.
Susan H. Wayland,
Acting Director, Office of Pesticide Programs.

    Therefore, 40 CFR parts 180, 185, and 186 are 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. 180.156   [Removed]

    b. Section 180.156 Carbophenothion; tolerances for residues is 
removed.

PART 185--[AMENDED]

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

    Authority: 21 U.S.C. 348.

Sec. 185.700   [Removed]

    b. Section 185.700 Carbophenothion; tolerances for residues is 
removed.

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. 186.700   [Removed]

    b. Section 186.700 Carbophenothion; tolerances for residues is 
removed.

[FR Doc. 94-16856 Filed 7-12-94; 8:45 am]
BILLING CODE 6560-50-F