[Federal Register Volume 60, Number 11 (Wednesday, January 18, 1995)]
[Proposed Rules]
[Pages 3611-3613]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-1187]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180

[OPP-300375; FRL-4926-6]
RIN 2070-AC18


Oryzalin; Revocation of Tolerances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to revoke tolerances for residues of the 
herbicide oryzalin in or on various raw agricultural commodities. EPA 
is taking this action because registered uses of oryzalin for 
cottonseed, barley grain, [[Page 3612]] wheat grain, succulent peas, 
potatoes, and soybeans have been canceled.

DATES: Written comments, identified by the document control number 
[OPP-300375], must be received on or before March 20, 1995.

ADDRESSES: By mail, submit written comments 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 comments to: Rm. 1132, CM #2, 
1921 Jefferson Davis Hwy., Arlington, VA.
    Information submitted as a comment concerning this document may be 
claimed confidential by marking any part or all of that information as 
``Confidential Business Information'' (CBI). Information so marked will 
not be disclosed except in accordance with procedures set forth in 40 
CFR part 2. A copy of the comment that does not contain CBI must be 
submitted for inclusion in the public record. Information not marked 
confidential may be disclosed publicly by EPA without prior notice. All 
written comments will be available for public inspection in Rm. 1132 at 
the address given above, from 8 a.m. to 4 p.m., Monday through Friday, 
excluding legal holidays.

FOR FURTHER INFORMATION CONTACT: By mail: Melissa L. Chun, Registration 
Support Branch (7505W), Office of Pesticide Programs, Environmental 
Protection Agency, 401 M St. SW., Washington, DC 20460. Office location 
and telephone number: 6th Floor, Westfield Building, 2800 Crystal 
Drive, Arlington, VA, 703-308-8318.

SUPPLEMENTARY INFORMATION: This document proposes to revoke tolerances 
in 40 CFR 180.304 established under section 408 of the Federal Food, 
Drug, and Cosmetic Act (FFDCA), 21 U.S.C. 346a, for residues of the 
herbicide oryzalin (3,5-dinitro-N4,N4-dipropylsulfanilamide) 
in or on the following raw agricultural commodities: cottonseed, barley 
grain, wheat grain, succulent peas, potatoes, and soybeans. On October 
10, 1989, product registrations under the Federal Insecticide, 
Fungicide, and Rodenticide Act (FIFRA) for certain pesticide products 
containing the herbicide oryzalin were canceled. Based on the fact that 
oryzalin is no longer domestically registered for use on any of the 
above-named commodities, and a tolerance is generally not necessary for 
a pesticide chemical which is not registered for the particular food 
use, EPA now proposes to revoke the appropriate tolerances listed in 40 
CFR 180.304 for residues of oryzalin. These tolerances were obtained in 
conjunction with the FIFRA registrations.
    Because the product registrations have been canceled for more than 
5 years, existing stocks of those products should be depleted, and 
sufficient time has elapsed for the residues to dissipate. Residues 
should not appear in any domestically produced commodities; therefore, 
the Agency is not recommending action levels in place of the 
tolerances.
    EPA has no current information to suggest that oryzalin is used on 
food commodities imported to the U.S; therefore, EPA requests that 
interested persons submit information pertaining to whether these 
products are used in foreign countries and may be present in 
commodities grown in those countries and imported to the U.S.
    Within 30 days after publication of this document in the Federal 
Register, any person who has registered or submitted an application for 
registration of a pesticide under the Federal Insecticide, Fungicide, 
and Rodenticide Act, as amended, which contains oryzalin may request 
that this rulemaking proposal to revoke the tolerances be referred to 
an Advisory Committee in accordance with section 408(e) of the Federal 
Food, Drug, and Cosmetic Act.
    Interested persons are invited to submit written comments on the 
proposed regulation. Comments must bear a notation indicating the 
document control number, [OPP-300375]. All written comments filed in 
response to this notice will be available for public inspection in Rm. 
1132 at the address given above from 8 a.m. and 4 p.m., Monday through 
Friday, except legal holidays.

Executive Order 12866

    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 Sec. 100 million or more, or adversely and materially 
affecting a sector of the economy, productivity, competition, jobs, and 
the environment, public health or safety, of 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.

Regulatory Flexibility Act

    The proposed regulatory action has been reviewed under the 
Regulatory Flexibility Act of 1980 (Pub. L. 96-354, 94 Stat. 1164; 5 
U.S.C. 601 et seq.), and it has been determined that it will not have a 
significant economic impact on a substantial number of small 
businesses, small governments, or small organizations.
    This regulatory action is intended to prevent the sale of food 
commodities containing pesticide residues where the subject pesticide 
has been used in an unregistered or illegal manner.
    Since all registrations for use of oryzalin on food crops have been 
canceled for more than 5 years, EPA expects that no economic impact 
would occur at any level of business enterprises if these tolerances 
are revoked.
    Accordingly, I certify that this proposed regulatory action does 
not require a separate regulatory flexibility analysis under the 
Regulatory Flexibility Act.

List of Subjects in 40 CFR Part 180

    Administrative practice and procedure, Agricultural commodities, 
Pesticides and pests, Reporting and recordkeeping requirements.

    Dated: January 9, 1995.

Stephen L. Johnson,
Acting Director, Office of Pesticide Programs.

    Therefore, it is proposed that 40 CFR part 180 be 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. 180.304, by amending paragraph (a) by revising the table 
therein, to read as follows:


Sec. 180.304   Oryzalin; tolerances for residues.

    (a) * * *

                                                                                                                                                        
[[Page 3613]]                                                                                                                                           
------------------------------------------------------------------------
                                                              Parts per 
                         Commodity                             million  
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Almonds, hulls.............................................         0.05
Avocados...................................................         0.05
Citrus fruits..............................................         0.05
Figs.......................................................         0.05
Kiwifruits.................................................         0.05
Nuts.......................................................         0.05
Olives.....................................................         0.05
Pistachios.................................................         0.05
Pome fruits................................................         0.05
Pomegranates...............................................         0.05
Small fruits...............................................         0.05
Stone fruits...............................................         0.05
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[FR Doc. 95-1187 Filed 1-17-95; 8:45 am]
BILLING CODE 6560-50-F