[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: 94-22138]
[[Page Unknown]]
[Federal Register: September 8, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[PP 2E4070/R2069; FRL-4899-4]
RIN 2070-AB78
Pesticide Tolerances for Benomyl
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: This document recodifies tolerances for combined residues of
the fungicide benomyl and its metabolites in or on the raw agricultural
commodities avocado, dandelion, and papaya. This amendment, which was
requested in a petition submitted by the Interregional Research Project
No. 4 (IR-4), would establish tolerances for regionally restricted
registration of the pesticide on these commodities.
EFFECTIVE DATE: This regulation becomes effective September 8, 1994.
ADDRESSES: Written objections, identified by the document control
number, [PP 2E4070/R2069], 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 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: 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 30748), EPA issued a proposed rule that gave notice that the
Interregional Research Project No. 4 (IR-4), New Brunswick, NJ 08903,
had submitted pesticide petition (PP) 2E4070 to EPA on behalf of the
State Agricultural Experiment Stations of Florida and Puerto Rico. The
petition requested that EPA recodify tolerances established pursuant to
section 408(e) of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21
U.S.C. 346a(e), for combined residues of the fungicide benomyl (methyl
1-(butylcarbamoyl)-2-benzimidazolecarbamate) and its metabolites
containing the benzimidazole moiety (calculated as benomyl) in or on
the raw agricultural commodities avocado and papaya at 3 parts per
million (ppm) and dandelion at 10 ppm. Specifically, IR-4 proposes that
EPA remove the tolerances for avocado, dandelion, and papaya from 40
CFR 180.294(a) and insert these tolerances under 40 CFR 180.294(b),
which lists tolerances established in support of regional registration.
This amendment would regionally restrict registration for use of
benomyl on dandelion and papaya to Florida and use on avocado to
Florida and Puerto Rico.
IR-4's request is in response to EPA's reregistration review of
benomyl, which determined that the available residue data are adequate
to support continued registration for use of benomyl on dandelion and
papaya in Florida and avocado in Florida and Puerto Rico. Additional
residue data will be required to expand the area of usage. Persons
seeking geographically broader registration should contact the Agency's
Registration Division at the address provided above.
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 tolerances
will protect the public health. Therefore, the tolerances are
established as set forth below.
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 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 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. In Sec. 180.294, by amending paragraph (a) in the table therein
by removing the commodities avocado, dandelion, and papaya and by
amending paragraph (b) in the table therein by adding and
alphabetically inserting the same commodities, to read as follows:
Sec. 180.294 Benomyl; tolerances for residues.
* * * * *
(b) * * *
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Parts per
Commodity million
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Avocado.................................................... 3
Dandelion.................................................. 10
Papaya..................................................... 3
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[FR Doc. 94-22138 Filed 9-7-94; 8:45 am]
BILLING CODE 6560-50-F