[Federal Register Volume 59, Number 175 (Monday, September 12, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-22440]


[[Page Unknown]]

[Federal Register: September 12, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 185

[OPP-2600053C; FRL-4909-8]
RIN 2070-AB78

 

Benomyl and Trifluralin; Reinstatement of Food Additive 
Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; Reinstatement of Food Additive Regulations.

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SUMMARY: In the Federal Register of June 30, 1994, EPA issued a final 
judicially reviewable rule revoking the food additive regulations for 
benomyl (processed tomato products and raisins) and trifluralin 
(peppermint and spearmint oil). The Circuit Court of Appeals for the 
D.C. Circuit ordered EPA on August 24, 1994, to stay the effectiveness 
of those revocations. By this document, EPA is implementing the Court's 
order by reinstating the food additive regulations for benomyl and 
trifluralin pending judicial review of EPA's June 1994 Order by that 
Court.
EFFECTIVE DATE: The effective date of these regulations is on September 
12, 1994.

FOR FURTHER INFORMATION CONTACT: Niloufar Nazmi or Lisa Engstrom, 
Special Review and Reregistration Division (7508W), Environmental 
Protection Agency, 401 M St., SW., Washington, DC 20460. Office 
location and telephone number: Crystal Station #1, 2800 Crystal Drive, 
Arlington, VA. Telephone: (703) 308-8010.

SUPPLEMENTARY INFORMATION: In the Federal Register of June 30, 1994 (59 
FR 33684) (``June 1994 Order''), EPA issued a final judicially 
reviewable rule revoking the food additive regulations for benomyl 
(processed tomato products and raisins), trifluralin (peppermint and 
spearmint oil), mancozeb (bran of wheat), and phosmet (cottonseed oil). 
On July 14, 1994, the registrants for benomyl and trifluralin filed a 
petition for review of EPA's June 1994 Order with the Circuit Court of 
Appeals for the D.C. Circuit. In addition, DuPont and DowElanco filed 
with the Court a ``Motion for Summary Reversal, or in the Alternative, 
Stay Pending Review.'' On August 24, 1994, the Court denied 
Petitioners' Motion for a Summary Reversal, but granted the Motion for 
a Stay Pending Judicial Review.
    By this document, EPA is implementing the Court's Order granting a 
stay by reinstating the benomyl (processed tomato products and raisins) 
and trifluralin (peppermint and spearmint oil) food additive 
regulations pending judicial review of EPA's decision. These 
regulations, therefore, will remain in place until the stay is 
terminated, EPA is otherwise ordered by the D.C. Circuit Court of 
Appeals or another court, or EPA takes further administrative action.
    EPA is not reinstating the food additive regulations for mancozeb 
(bran of wheat) and phosmet (cottonseed oil) because they were not the 
subject of the Court's August 24, 1994 decision. Therefore, those 
regulations continue to be revoked.
    Until otherwise acted upon by EPA, the Code of Federal Regulations 
text will continue to include the full text of the food additive 
regulations for benomyl and trifluralin (40 CFR 185.350 and 185.5900).

List of Subjects in 40 CFR Part 185

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

Dated: September 1, 1994.

Susan H. Wayland,
Acting Assistant Administrator for Prevention, Pesticides and Toxic 
Substances.

    Therefore, 40 CFR part 185 is amended as follows:

PART 185--[AMENDED]

    1. The authority citation for part 185 continues to read as 
follows:

    Authority: 21 U.S.C. 346a and 348.

    2. By adding Sec. 185.350, to read as follows:


Sec. 185.350   Benomyl.

    Tolerances of 50 parts per million are established for combined 
residues of the fungicide benomyl (methyl-1-(butylcarbamoyl)-2-
benzimidazolecarbamate) and its metabolites containing the 
benzimidazole moiety (calculated as benomyl) in raisins and 
concentrated tomato products when present therein as a result of 
application of the fungicide to growing grapes and tomatoes.
    3. By adding Sec. 185.5900, to read as follows:


Sec. 185.5900   Trifluralin

    Tolerances are established for residues of the herbicide 
trifluralin in or on peppermint oil and spearmint oil at 2 parts per 
million when present therein as a result of application to the 
herbicide to the growing crops.

[FR Doc. 94-22440 Filed 9-7-94; 12:20 pm]
BILLING CODE 6560-50-F