[Federal Register Volume 59, Number 168 (Wednesday, August 31, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21357]


[[Page Unknown]]

[Federal Register: August 31, 1994]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[OPP-300341A; FRL-4899-1]
RIN No. 2070-AB78

 

1,1-Dichloro-2,2-Bis(p-Ethylphenyl) Ethane; Revocation of 
Tolerances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This rule revokes tolerances for residues of the pesticide 
1,1-dichloro-2,2-bis(p-ethylphenyl) ethane (also known as Perthane, 
Ethylan, or diethyl diphenyl dichloroethane, and hereafter referred to 
as Perthane), in or on raw agricultural commodities because all 
registrations of Perthane have been canceled.

EFFECTIVE DATE: This regulation becomes effective September 30, 1994.

ADDRESSES: Written objections and hearing requests, identified by the 
document control number [OPP-300341A], 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: Ann Sibold, Special Review 
and Reregistration Division (7508W), Environmental Protection Agency, 
401 M St., SW., Washington, DC 20460. Office location and telephone 
number: Special Review Branch, Crystal Station #1, 3rd Floor, 2800 
Crystal Drive, Arlington, VA, (703)-308-8033.
SUPPLEMENTARY INFORMATION: This document announces the revocation of 
tolerances established under section 408 of the Federal Food, Drug, and 
Cosmetic Act, 21 U.S.C. 346a, for residues of the pesticide Perthane in 
or on raw agricultural commodities listed in 40 CFR 180.139.
    EPA issued a proposed rule, published in the Federal Register of 
June 1, 1994 (59 FR 28326), which proposed the revocation of tolerances 
for residues of Perthane in or on various raw agricultural commodities. 
The Agency's decision to revoke these tolerances was based on the fact 
that all registered uses of Perthane have been canceled.
    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 Perthane would persist in soil, there 
is no expectation 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 proposed rule.
    Therefore, based on the information considered by the Agency and 
discussed in detail in the June 1, 1994 proposal and in this final 
rule, the Agency is hereby revoking the tolerances listed in 40 CFR 
180.139 for residues of 1,1-dichloro-2,2-bis(p-ethylphenyl)ethane 
(Perthane).

Executive Order 12866

    Under Executive Order 12866 (58 FR 51735, Oct. 4, 1993), the Agency 
must determine whether the regulatory action 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 Order.
    Pursuant to the terms of this Executive Order, EPA has determined 
that the rule is not ``significant'' and is therefore not subject to 
OMB review.
    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).
    Pursuant to the terms of this Executive Order, EPA has determined 
that the rule is not ``significant'' and is therefore not subject to 
OMB review.

Regulatory Flexibility Act

    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 June 1, 1994 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: August 19, 1994.

Louis P. True,
Acting Director, Special Review and Reregistration Division, Office of 
Pesticide Programs.

    Therefore, 40 CFR part 180 is 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.

Sec. 180.139   [Removed]

    2. By removing Sec. 180.139 1,1-Dichloro-2,2-bis(p-
ethylphenyl)ethane; tolerances for residues.

[FR Doc. 94-21357 Filed 8-30-94; 8:45 am]
BILLING CODE 6560-50-F