[Federal Register Volume 59, Number 220 (Wednesday, November 16, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-28142]


[[Page Unknown]]

[Federal Register: November 16, 1994]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[OPP-300353A; FRL-4908-4]
RIN 2070-AB78

 

Calcium Hypochlorite; Exemption From Tolerance

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This document establishes an exemption from the requirement of 
a tolerance for residues of chlorine gas in or on grapes when applied 
as a fumigant postharvest by means of a chlorine generator pad in 
accordance with good agricultural practices. Chiquita Frupac requested 
this expansion of the tolerance exemption.

EFFECTIVE DATE: This regulation becomes effective November 16, 1994.
ADDRESSES: Written objections and hearing requests, identified by the 
document control number, [OPP-300353A], 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 
request 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: Ruth Douglas, Product Manager 
(PM) 32, Registration Division (7505C), Office of Pesticide Programs, 
Environmental Protection Agency, 401 M St., SW., Washington, DC 20460. 
Office location and telephone number: Westfield Building North, 6th 
Fl., 2800 Crystal Drive, Arlington, VA 22202, (703)-305-7964.

SUPPLEMENTARY INFORMATION: In the Federal Register of August 3, 1994 
(59 FR 39504), EPA issued a proposed rule that gave notice that under 
section 408(e) of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21 
U.S.C. 346a(e), EPA proposed to exempt from the requirement of a 
tolerance residues of chlorine gas in or on grapes when applied as a 
fumigant postharvest by means of a chlorine generator pad. The 
fumigation process uses polyethylene-lined paper pads containing 
calcium hypochlorite that are packed in grape containers during 
shipment. Under conditions of normal use, the pads are not in direct 
contact with the grapes. The moisture from inside the box and the 
carbon dioxide produced by the metabolic process of the fruit permeate 
the pad, activating the release of chlorine gas. The chlorine gas 
released in the pad diffuses through the paper and the polyethylene 
liner before depositing on the grapes. The exemption for chlorine 
generators would not apply to the use of chlorine gas during food 
processing or as a food-contact surface sanitizer since these uses are 
under the jurisdiction of the Food and Drug Administration.
    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 tolerance 
exemption will protect the public health. Therefore, the tolerance 
exemption is 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 or 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: November 2, 1994.

Stephen L. Johnson,
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. Section 180.1054 is revised to read as follows:


Sec. 180.1054   Calcium hypochlorite; exemptions from the requirement 
of a tolerance.

    (a) Calcium hypochlorite is exempted from the requirement of a 
tolerance when used preharvest or postharvest in solution on all raw 
agricultural commodities.
    (b) Calcium hypochlorite is exempted from the requirement of a 
tolerance in or on grapes when used as a fumigant postharvest by means 
of a chlorine generator pad.

[FR Doc. 94-28142 Filed 11-15-94; 8:45 am]
BILLING CODE 6560-50-F