[Federal Register Volume 59, Number 215 (Tuesday, November 8, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-27653]


[[Page Unknown]]

[Federal Register: November 8, 1994]


-----------------------------------------------------------------------


ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180

[PP 8F3649, 9F3703, 0F3880/R2088; FRL-4920-1]
RIN 2070-AB78

 

Pesticide Tolerances for Avermectin B1 and Its Delta-8,9-
Isomer

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This document establishes tolerances for residues of the 
insecticide avermectin B1 and its delta-8,9-isomer in or on the 
raw agricultural commodities celery, tomatoes, and strawberries. This 
regulation to establish maximum permissible levels for residues of the 
insecticide was requested in petitions submitted by the Merck Sharp & 
Dohme Research Laboratories, Division of Merck & Co., Inc.

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

ADDRESSES: Written objections, identified by the document control 
number, [PP 8F3649, 9F3703, 0F3880/R2088], 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), Office of Pesticide 
Programs, Environmental Protection Agency, 401 M St., SW., Washington, 
DC 20460. Office location and telephone number: Second Floor, Crystal 
Mall #2, Rm. 204, 1921 Jefferson Davis Hwy., Arlington, VA 22202, 
(703)-305-6100.

SUPPLEMENTARY INFORMATION: In the Federal Register of September 28, 
1994 (59 FR 49370), EPA issued a proposed rule that gave notice 
pursuant to petitions from from Merck Sharp & Dohme, Division of Merck 
& Co., Hillsborough Rd., Three Bridges, NJ 08887, that it proposed 
pursuant to section 408(d) of the Federal Food, Drug and Cosmetic Act 
(FFDCA), 21 U.S.C. 346a(d), to establish tolerances for residues of the 
insecticide avermectin B1 and its delta-8,9-isomer in or on the 
raw agricultural commodities celery, tomatoes, and strawberries. 
Section 180.449(b) (40 CFR 180.449(b)) would be amended to establish a 
tolerance of 0.05 part per million (ppm) in or on celery, 0.02 ppm in 
or on strawberries, and 0.01 in or on tomatoes.
    Merck & Co. (now Merck Research Laboratories) has submitted to EPA 
a letter stating, among other things, that the common name ``abamectin 
B1'' that appeared in the proposal should be corrected to 
``abamectin'' or ``avermectin B1.'' EPA acknowledges the error and 
notes that the current heading in the Code of Federal Regulations to 40 
CFR 180.449 correctly states ``Avermectin B1.''
    There were no other 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: October 28, 1994.

Lois Rossi,
Acting Director, Registration Division, 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. 180.449, by amending paragraph (b) by revising the table 
therein, to read as follows:


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

* * * * *
    (b) *  *  * 

------------------------------------------------------------------------
                                                              Parts per 
                         Commodity                             million  
------------------------------------------------------------------------
                                                                        
Celery.....................................................         0.05
Strawberry.................................................         0.02
Tomatoes...................................................         0.01
                                                                        
------------------------------------------------------------------------


[FR Doc. 94-27653 Filed 11-7-94; 8:45 am]
BILLING CODE 6560-50-F