[Federal Register Volume 59, Number 189 (Friday, September 30, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-24249]


[[Page Unknown]]

[Federal Register: September 30, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 180, 185, and 186

[PP 7F3500, 8F3592, FAP 8H5650/R2080; FRL-4908-5]
RIN 2070-AB78

 

Pesticide Tolerances for Avermectin B1 and its Delta-8,9-
Isomer; Renewal of Time-Limited Tolerances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This document renews time-limited tolerances for residues of 
the insecticide avermectin B1 and its delta-8,9-isomer in or on 
certain raw agricultural commodities and food and feed commodities. 
Merck & Co., Inc., requested this regulation to renew tolerances for 
maximum permissible levels of residues of the insecticide in or on the 
commodities.

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

ADDRESSES: Written objections and hearing requests, identified by the 
document control number, [PP 7F3500, 8F3592, FAP 8H5650/R2080], 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: George T. LaRocca, Product 
Manager (PM) 13, Registration Division (7505C), Environmental 
Protection Agency, 401 M St., SW., Washington, DC 20460. Office 
location and telephone number: Rm. 202, 1921 Jefferson Davis Hwy., 
Arlington, VA 22202, (703)-305-6100.

SUPPLEMENTARY INFORMATION: In the Federal Register of August 3, 1994 
(59 FR 39505), EPA issued proposed rules to renew time-limited 
tolerances, to expire on April 30, 1996, for the insecticide avermectin 
B1 and its delta 8,9-isomer in or on various raw agricultural 
commodities under 40 CFR 180.449, food commodities under 40 CFR 
185.300, and feed commodities under 40 CFR 186.300 to be consistent 
with conditional registrations granted to Merck & Co., Inc., for the 
insecticide.
    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 time-limited 
tolerances will protect the public health. Therefore, the time-limited 
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 Parts 180, 185, and 186

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

Dated: September 21, 1994.

Stephen L. Johnson,
Director, Registration Division, Office of Pesticide Programs.

    Therefore, chapter I of title 40 of the Code of Federal Regulations 
is amended as follows:

PART 180--[AMENDED]

    1. In part 180:
    a. The authority citation for part 180 continues to read as 
follows:

    Authority: 21 U.S.C. 346a and 371.

    b. In Sec. 180.449, by revising paragraph (a), to read as follows:


Sec. 180.449  Avermectin B1 and its delta-8,9-isomer; tolerances 
for residues.

    (a) Tolerances, to expire on April 30, 1996, are established for 
the combined residues of the insecticide avermectin B1 and its 
delta-8,9-isomer (a mixture of avermectins containing  80 
percent avermectin B1a (5-O-demethyl avermectin B1a) and < 20 
percent avermectin B1a (5-O-demethyl-25-di (1-methylpropyl)-25-
1(1-methylethyl) avermectin A 1a) in or on the following 
commodities:

------------------------------------------------------------------------
                                                              Parts per 
                         Commodity                             million  
------------------------------------------------------------------------
Citrus, whole fruit........................................         0.02
Cattle, meat...............................................         0.02
Cattle, mbyp...............................................         0.02
Cottonseed.................................................        0.005
Milk.......................................................        0.005
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* * * * *

PART 185--[AMENDED]

    2. In part 185:
    a. The authority citation for part 185 continues to read as 
follows:

    Authority: 21 U.S.C. 346a and 371.

    b. By revising Sec. 185.300, to read as follows:


Sec. 185.300  Avermectin B1 and its delta-8,9-isomer; tolerances 
for residues.

    Tolerances, to expire on April 30, 1996, are established for the 
combined residues of the insecticide avermectin B1 and its delta-
8,9-isomer (a mixture of avermectins containing  80 percent 
avermectin B1a (5-O-demethyl avermectin B1a) and < 20 percent 
avermectin B1a (5-O-demethyl-25-di (1-methylpropyl)-25-1(1-
methylethyl) avermectin A 1a) in or on the following commodity:

------------------------------------------------------------------------
                                                              Parts per 
                         Commodity                             million  
------------------------------------------------------------------------
Citrus oil.................................................         0.10
------------------------------------------------------------------------

PART 186--[AMENDED]

    3. In part 186:
    a. The authority citation for part 186 continues to read as 
follows:

    Authority: 21 U.S.C. 348.

    b. In Sec. 186.300, by revising paragraph (a) to read as follows:


Sec. 186.300  Avermectin B1 and its delta-8,9-isomer; tolerances 
for residues.

    (a) Tolerances, to expire on April 30, 1996, are established for 
the combined residues of the insecticide avermectin B1 and its 
delta-8,9-isomer (a mixture of avermectins containing  80 
percent avermectin B1a (5-O-demethyl avermectin B1a) and < 20 
percent avermectin B1a (5-O-demethyl-25-di (1-methylpropyl)-25-
1(1-methylethyl) avermectin A 1a) in or on the following 
commodity:

------------------------------------------------------------------------
                                                              Parts per 
                         Commodity                             million  
------------------------------------------------------------------------
Dried citrus pulp..........................................         0.10
------------------------------------------------------------------------

* * * * *

[FR Doc. 94-24249 Filed 9-29-94; 8:45 am]
BILLING CODE 6560-50-F