[Federal Register Volume 59, Number 148 (Wednesday, August 3, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-18913]


[[Page Unknown]]

[Federal Register: August 3, 1994]


-----------------------------------------------------------------------


ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 180 and 186

[OPP-300316A; FRL-4766-4]
RIN 2070-AB78

 

Demeton; Revocation of Tolerances and Feed Additive Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This document revokes tolerance and feed additive regulations 
listed in 40 CFR 180.105 and 186.1600 for residues of the insecticide 
demeton in or on various raw agricultural commodities and in animal 
feeds. EPA is initiating this action because registered uses of demeton 
have been canceled.

EFFECTIVE DATE: This regulation becomes effective on August 3, 1994.

ADDRESSES: Written objections and requests for a hearing, identified by 
the document control number, [OPP-300316A], 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 submitted 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 copy of objections and hearing 
request to: rm. 1132, CM #2, 1921 Jefferson Davis Hwy., Arlington, VA 
22202. 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: Melissa L. Chun, Registration 
Support Branch (7505W), Office of Pesticide Programs, Environmental 
Protection Agency, 401 M St., SW., Washington, DC 20460. Office 
location and telephone number: 6th Floor, Westfield Building, 2800 
Crystal Drive, Arlington, VA, (703)-308-8318.

SUPPLEMENTARY INFORMATION: In the Federal Register of January 19, 1994 
(59 FR 2800), EPA proposed to revoke tolerances and feed addtive 
regulations established under sections 408 and 409 of the Federal Food, 
Drug, and Cosmetic Act (FFDCA), 21 U.S.C. 346a and 348, respectively, 
for residues of the insecticide demeton (a mixture of O,O-diethyl O 
(and S)-2-(ethylthio)ethylphosphorothioates) in or on raw agricultural 
commodities and animal feeds. EPA is initiating this action because all 
registered uses of this chemical on raw agricultural commodities have 
been canceled.
    By mid-October 1989, all product registrations under the Federal 
Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended, for 
the pesticide products containing the insecticide demeton were 
canceled. Based on the fact that demeton is no longer domestically 
registered for use on any food crops and a tolerance is generally not 
necessary for a pesticide chemical which is not registered for the 
particular food use, EPA now proposes to revoke the tolerances and feed 
additive regulations for residues of demeton as listed in 40 CFR 
180.105 and 40 CFR 186.1600. Since the product registrations were 
canceled more than 3 years ago, residues should not appear in any 
legally treated, domestically produced or imported commodities. These 
tolerances were obtained in conjunction with the FIFRA registrations.
    The Agency is not recommending the establishment of action levels 
in place of these tolerances and feed additive regulations because 
sufficient time has elapsed in order for the residues to dissipate, and 
EPA does not expect a residue problem due to environmental 
contamination.
    There were no comments or requests for referral to an advisory 
committee received in response to the proposed rule.
    The data relevant to the proposal and other relevant material have 
been evaluated and discussed in the proposed rule. Based on the data 
and information considered, the Agency concludes that the tolerance 
revocations will protect the public health. Therefore, the tolerance 
revocations are established as set forth below.
    Any person adversely affected by these regulations may, within 30 
days after publication of this document in the Federal Register, file 
written objections and/or request a hearing with the Hearing Clerk, at 
the address given above (40 CFR 178.20). A copy of the objections and/
or 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 such issues, 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, competition, 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.
    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).

List of Subjects in 40 CFR Parts 180 and 186

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

Dated: July 25, 1994.

Daniel M. Barolo,
Director, Office of Pesticide Programs.

    Therefore, 40 CFR parts 180 and 186 are amended as follows:

PART 180--[AMENDED]

    a. In part 180:
    1. The authority citation for part 180 continues to read as 
follows:

    Authority: 21 U.S.C. 346a and 371.

Sec. 180.105   [Removed]

    2. By removing Sec. 180.105 Demeton; tolerances for residues.

PART 186--[AMENDED]

    2. In part 186:
    a. The authority citation for part 186 continues to read as 
follows:

    Authority: 21 U.S.C. 348.

Sec. 180.1600   [Removed]

    b. By removing Sec. 186.1600 Demeton.

[FR Doc. 94-18913 Filed 8-2-94; 8:45 am]
BILLING CODE 6560-50-F