[Federal Register Volume 59, Number 138 (Wednesday, July 20, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-17561]


[[Page Unknown]]

[Federal Register: July 20, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180

[OPP-3000346; FRL-4868-7]
RIN 2070-AC18

 

Tetrachlorvinphos, Terbutryn, and Etridiazole; Removals

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: This document proposes to remove tolerances for residues of 
tetrachlorvinphos (2-chloro-1-(2,4,5-trichlorophenyl) vinyl dimethyl 
phosphate), terbutryn (2-tert-butylamino-4-ethylamino-6-methylthio-s-
triazine), and etridiazole (5-ethoxy-3-(trichloromethyl)-1,2,4-
thiadiazole) in or on certain raw agricultural commodities (RAC's). 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 cancelled for nonpayment of maintenance fees 
and/or by company request.

DATES: Written comments, identified by the document control number 
[OPP-300346], must be received on or before September 19, 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. 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 may be disclosed publicly by EPA without prior notice. All 
written comments will be available for public inspection in Rm. 1128 at 
the Virginia adddress given above, from 8 a.m. to 4 p.m., Monday 
through Friday, excluding legal holidays.

FOR FURTHER INFORMATION CONTACT: By mail: Sherada D. Hobgood, 
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 22202, (703)-308-8352.

SUPPLEMENTARY INFORMATION: This document proposes the revocation of 
certain tolerances established under section 408 of the Federal, Food, 
Drug and Cosmetic Act (FFDCA) (21 U.S.C. 346a) for residues of the 
insecticide tetrachlorvinphos, the herbicide terbutryn, and the 
fungicide etridiazole in or on certain RAC's. Since a tolerance is 
generally not necessary for a pesticide chemical which is not 
registered for a particular food use, EPA is initiating this action 
because all registered food uses associated with these tolerances have 
been cancelled.

I. Discussion of Chemicals

A. Tetrachlorvinphos

    EPA proposes to revoke the tolerances established for residues of 
the insecticide 2-chloro-1-(2,4,5-trichlorophenyl) vinyl dimethyl 
phosphate (tetrachlorvinphos) as listed in 40 CFR 180.252 in or on th 
following RAC's: (1) 110 parts per million in or on and corn fodder and 
forage (including field corn, sweet corn, and popcorn); (2) 10 parts 
per million in or on apples, cherries, corn grain, fresh corn including 
sweet corn (kernels plus cob with husk removed), cranberries, and 
pears; (3) 5 parts per million in or on tomatoes; (4) 0.1 part per 
million in or on peaches.
    Registered uses of the parent compound on these commodities were 
cancelled August 20, 1987.
    Action levels to replace revoked tolerances are not necessary based 
on: (1) the small number of detectable residues that were found during 
a period of time the tetrachlorvinphos was registered for use; (2) the 
low levels in the samples that were indicated in the findings; (3) the 
long period of time that had elapsed since tetrachlorvinphos was last 
registered for use in the U.S. (over 6 years); and (4) the fact that 
FDA did not detect any tetrachlorvinphos residues in its monitoring 
programs in recent years.

B. Terbutryn

    EPA proposes to revoke the tolerances established for negligible 
residues (N) of the herbicide terbutryn (2-tert-butylamino-4-
ethylamino-6-methylthio-s-triazine) as listed in 40 CFR 180.265 in or 
on the following RAC's:

------------------------------------------------------------------------
                                                              Parts per 
                         Commodity                             million  
------------------------------------------------------------------------
Barley, fodder.............................................      0.1 (N)
Barley, grain..............................................      0.1 (N)
Barley, green..............................................      0.1 (N)
Barley, straw..............................................      0.1 (N)
Sorghum, grain.............................................      0.1 (N)
Wheat, fodder..............................................      0.1 (N)
Wheat, grain...............................................      0.1 (N)
Wheat, green...............................................      0.1 (N)
Wheat, straw...............................................      0.1 (N)
------------------------------------------------------------------------

    Action levels to replace revoked tolerances are not required 
because: (1) Uses of terbutryn on these crops were all cancelled on or 
prior to October 10, 1989; (2) the tolerances for terbutryn on these 
commodities all reflect non-detectable residues in or on the treated 
commodities indicating that residues are minuscule even in the treated 
crop; and (3) FDA did not detect any terbutryn residues in its 
monitoring programs in recent years. Therefore, detectable residues are 
not likely to be found in subsequent crops as a result of past uses of 
terbutryn.

C. Etridiazole

    EPA proposes to amend 40 CFR 180.370 to revoke the tolerance 
established for residues of the fungicide 5-ethoxy-3-(trichloromethyl)-
1,2,4-thiadiazole (etridiazole) and its monoacid metabolite 3-carboxy-
5-ethoxy-1,2,4-thiadiazole as listed in 40 CFR 180.370 in or on the 
following RAC:

------------------------------------------------------------------------
                                                              Parts per 
                         Commodity                             million  
------------------------------------------------------------------------
Tomatoes...................................................         0.15
------------------------------------------------------------------------

    An action level to replace the revoked tolerance is not required 
because: (1) Use of etridiazole on the crop was cancelled in the mid-
1980's; (2) the tolerance for etridiazole on the commodity reflects 
very low residues in or on the treated commodity, indicating that 
residues are low even in the treated crop; and (3) residues have 
degraded and dissipated from prior use. Therefore, detectable residues 
are not likely to be found in subsequent crops as a result of past uses 
of etridiazole.

II. Solicitation of Comments

    Any person who has registered or submitted an application for 
registration of a pesticide chemical under the Federal Insecticide, 
Fungicide, and Rodenticide Act, as amended, that contains 
tetrachlorvinphos, terbutryn, and etridiazole may request, within 60 
days after the publication of the document in the Federal Register, 
that this rulemaking proposal be referred to an Advisory Committee in 
accordance with section 408(e) of the FFDCA.
    Interested persons are invited to submit written comments on the 
proposed regulation. Further, EPA is soliciting comments from anyone 
adversely affected by revocation of these tolerances. EPA requests that 
anyone adversely affected by these revocations submit information 
pertaining to why and provide specific information: (1) Are there any 
existing stocks of the chemicals?; (2) What amount of existing stocks 
remains?; (3) When will the stocks be depleted?; (4) How long would the 
commodities treated with these chemicals be in the channels of trade?; 
(5) Are any of these three pesticide chemicals used in foreign 
countries?; (6) Would residues of any of these three pesticide 
chemicals be present in or on commodities grown in foreign countries 
and imported into the United States?
    Comments must bear a notation indicating the document control 
number [OPP-300346]. All written comments filed in the Public 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 
p.m., Monday through Friday, except legal holidays.
    The Agency has conducted an anaylsis 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. 1128 at the Virginia address given above.

III. Other Regulatory Requirements

A. 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.

B. 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 associated with these food uses of 
tetrachlorvinphos, terbutryn, and etridiazole have been cancelled, it 
is expected that no economic impact would occur at any level of 
business enterprise if these tolerances were revoked.
    Accordingly, I certify that this action does not require a separate 
regulatory flexibility analysis under the Regulatory Flexibility Act.

List of Subjects in 40 CFR Part 180

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

Dated: July 5, 1994

Daniel M. Barolo,
Director, 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 180.252 is revised to read as follows:


Sec. 180.252   2-Chloro-1-(2,4,5-trichlorphenyl)vinyl dimethyl 
phosphate; tolerances for residues.

    Tolerances are established for residues of the insecticide 2-
chloro-1-(2,4,5-trichlorophenyl)vinyl dimethyl phosphate in or on raw 
agricultural commodities as follows: 

------------------------------------------------------------------------
                                                              Parts per 
                         Commodity                             million  
------------------------------------------------------------------------
Cattle, fat................................................          1.5
Eggs.......................................................          0.1
Goats, fat.................................................          0.5
Hogs, fat..................................................          1.5
Horses, fat................................................          0.5
Milk, fat (reflecting negligible residues in whole milk)...          0.5
Poultry, fat...............................................         0.75
Sheep, fat.................................................          0.5
------------------------------------------------------------------------

Sec. 180.265   [Removed]

    2. By removing Sec. 180.265  Terbutryn; tolerances for residues.


Sec. 180.370   [Amended]

    3. In Sec. 180.370 5-Ethoxy-3-(trichloromethyl)-1,2,4-thiadiazole; 
tolerances for residues by amending the table therein by removing the 
entry for tomatoes.

[FR Doc. 94-17561 Filed 7-19-94; 8:45 am]
BILLING CODE 6560-50-F