[Federal Register Volume 59, Number 173 (Thursday, September 8, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-22137]


[[Page Unknown]]

[Federal Register: September 8, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180

[OPP-300339A; FRL-4899-3]
RIN 2070-AB78

 

Definitions and Interpretations; Oriental Radish

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is adding a general commodity definition for oriental 
radish for tolerance-setting purposes to cover the wide variety of 
forms and cultivars that constitute oriental radishes. This regulation 
is based, in part, on recommendations of the Interregional Research 
Project No. 4 (IR-4).

EFFECTIVE DATE: This regulation becomes effective September 8, 1994.

ADDRESSES: Written objections, identified by the document control 
number, [OPP-300339A], 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 requests to: Rm. 1132, 
CM #2, 1921 Jefferson Davis Hwy., Arlington, VA 222022. 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: Hoyt L. Jamerson, 
Registration Division (7505W), Office of Pesticide Programs, 
Environmental Protection Agency, 401 M St., SW., Washington, DC 20460. 
Office location and telephone number: 6th Floor, Crystal Station #1, 
2800 Jefferson Davis Hwy., Arlington, VA 22202, (703)-308-8783.

SUPPLEMENTARY INFORMATION: In the Federal Register of June 15, 1994 (59 
FR 30746), EPA issued a proposed rule that gave notice that the 
International Research Project No. 4 (IR-4), New Brunswick, NJ 08903, 
had requested that 40 CFR 180.1(h) be amended to add the commodity term 
``oriental radish (root and tops)'' to the general category of 
commodities in column A and to add the corresponding specific 
commodities ``Raphanus sativus var. longipinnatus (root and tops), 
including Chinese or Japanese radish (both white and red), winter 
radish, daikon, lobok, lo pak, and other cultivars and/or hybrids of 
these'' in column B.
    The amendment was requested to establish a commodity definition for 
oriental radishes for tolerance-setting purposes and to identify the 
specific commodities that constitute the general category of oriental 
radishes. In February 1990, in response to a request from the Hawaii 
Department of Agriculture for EPA to establish a commodity definition 
for radish to include Japanese and other oriental radishes, the Agency 
determined that tolerances set for the common radish will not apply to 
oriental radishes but that it would be appropriate to add a general 
commodity definition for oriental radish for tolerance-setting purposes 
to cover the wide variety of forms and cultivars that constitute 
oriental radishes.
    There were no comments or requests for referral to an advisory 
committee received in response to the proposed rule.
    The data submitted on 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 added 
definition for oriental radish (roots and tops) is appropriate. 
Therefore, the definition is established as set forth below.
    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).
    Although this regulation does not establish or raise a tolerance 
level or establish an exemption from the requirement of a tolerance, 
the impact of the regulation would be the same as establishing new 
tolerances or exemptions from the requirement of a tolerance. 
Therefore, the Administrator concludes that this rule would not have a 
significant impact on a substantial number of small entities.

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 29, 1994.

Daniel M. Barolo,
Director, 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.

    2. Section 180.1(h) is amended by adding and alphabetically 
inserting the general commodity ``oriental radish (root and tops)'' in 
column ``A'' and the corresponding specific commodities ``Raphanus 
sativus var. longipinnatus (root and tops), including Chinese or 
Japanese radish (both white and red), winter radish, daikon, lobok, lo 
pak, and other cultivars and/or hybrids of these'' in column ``B'' to 
read as follows:

Sec. 180.1   Definitions and interpretations.

*  *  *  *  *
    (h) *  *  *

------------------------------------------------------------------------
           A                                    B                       
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                                 *******                                
Oriental radish (root   Raphanus sativus var. longipinnatus (root and   
 and tops).              tops), including Chinese or Japanese radish    
                         (both white and red), winter radish, daikon,   
                         lobok, lo pak, and other cultivars and/or      
                         hybrids of these.                              
                                                                        
                                 *******                                
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*  *  *  *  *

[FR Doc. 94-22137 Filed 9-7-94; 8:45 am]

BILLING CODE 6560-50-F