[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  
------------------------------------------------------------------------
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