[Federal Register Volume 60, Number 26 (Wednesday, February 8, 1995)]
[Rules and Regulations]
[Pages 7456-7457]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-2821]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180

[PP 4F4314/R2104; FRL-4932-4]
RIN 2070-AB78


1,4-Dimethylnaphthalene; Exemption from the Requirement of a 
Tolerance

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA establishes an exemption from the requirement for a 
tolerance for residues of the potato sprout inhibitor 1,4-
dimethylnaphthalene from the postharvest application to potatoes. D-I-
1-4, Inc., requested this exemption.

EFFECTIVE DATE: This regulation becomes effective February 8, 1995.

ADDRESSES: Written objections and hearing requests, identified by the 
document control number, [PP 4F4314/R2104], 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 
request 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 (7505C), Office of 
Pesticide Programs, Environmental Protection Agency, 401 M St., SW., 
Washington DC 20450. 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: Cynthia Giles-Parker, Product 
Manager (PM) 22, Registration Division, Environmental Protection 
Agency, 401 M St., SW., Washington, DC 20460. Office location and 
telephone number: Rm. 229, CM #2, 1921 Jefferson Davis Hwy., Arlington, 
VA 22202, (703) 305-5540.

SUPPLEMENTARY INFORMATION: EPA issued a notice, published in the 
Federal Register of March 30, 1994 (59 FR 14854), which announced that 
D-I-1-4, Inc., 15401 Cartwright Rd., Boise, ID 83703, had submitted 
pesticide petition (PP) 4F4314 to EPA requesting that the 
Administrator, pursuant to section 408(d) of the Federal Food, Drug, 
and Cosmetic Act (FFDCA), 21 U.S.C. 346a(d), establish an exemption 
from the requirement of a tolerance for the plant growth regulator 1,4-
dimethylnaphthalene for use on potatoes (post- harvest).
    There were no comments received in response to this notice of 
filing. The data submitted in the petition and all other relevant 
material have been evaluated. The toxicological data considered in 
support of the exemption from the requirement of a tolerance include:
    1. A rat acute oral study with an LD50 of 2,730 milligrams 
(mg)/kilogram (kg).
    2. A rabbit acute dermal study with an LD50 greater than 2 
grams (g)/kg.
    3. A rat acute inhalation study with an LD50 greater than 4.16 
mg/Liter (L).
    4. A rabbit primary eye irritation study with moderate irritation 
that dissipated by day 14.
    5. A rabbit primary dermal irritation study with moderate 
irritation that dissipated by day 14.
    6. A guinea pig dermal sensitization study with no apparent 
sensitization.
    7. An Ames mutagenicity study that was negative in the presence and 
absence of metabolic activation homogenate.
    8. An in vitro test for unscheduled DNA synthesis in rat liver 
primary cell culture that was negative.
    9. A in vivo micronucleus assay that was negative.
    10. No hypersensitivity Incidents were reported.
    1,4-Dimethylnaphthalene has been classified as a biochemical as 
defined by 40 CFR 158.65. Biochemical pesticides are distinguished by 
their unique nontoxic mode of action, low use volume, target 
specificity, and natural occurrence. 1,4-Dimethylnaphthalene is 
naturally occurring in potatoes at levels between 1 and 10 ppm. When 
conditions are right for sprouting, the potato metabolizes 1,4-
dimethylnaphthalene to a low enough level so that sprouting can occur. 
1,4-Dimethylnaphthalene is applied to potatoes at a 2.5 ppm level up to 
4 applications as a plant growth regulator during the storage season, 
which generally runs from October to August, to keep 1,4-
dimethylnaphthalene at a sufficient concentration in the potato to 
continue to inhibit sprouting.
    The results of the toxicity studies provided, the low-volume use 
pattern, and the fact that use of the product will not increase levels 
of 1,4-dimethylnaphthalene above levels normally found in potatoes are 
sufficient to demonstrate that there are no foreseeable human health 
hazards likely to arise from the use of the product as a potato sprout 
inhibitor. Because no enforcement residue level is established by this 
exemption, the requirement for an analytical method for enforcement 
purposes is not applicable to this exemption request.
    1,4-Dimethylnaphthalene is considered useful for the purposes for 
which the exemption is sought. Based on the information and data 
considered, the Agency concludes that the establishment of a tolerance 
is not necessary to protect the public health. Therefore, the exemption 
from requirement of a tolerance 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 [[Page 7457]] regulation deemed 
objectionable and the grounds for the objections (40 CFR 178.25). Each 
objection must be accompanied by the fees provided 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, and the 
requestor's contentions on each such issue, and a summary of the 
evidence relied upon by the objection (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 on 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 all the requirements of the Executive Order (i.e., 
Regulatory Impact Analysis, review by the Office of Management and 
Budget (OMB)). Under section 3(f), the order defines ``significant'' as 
those actions likely to lead to 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 known 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 (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 this 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, Recording and 
recordkeeping requirements.

Dated: January 27, 1995.

Daniel M. Barolo,
Director, 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 subpart D, by adding new Sec. 180.1142, to read as follows:


Sec. 180.1142   1,4-Dimethylnaphthalene; exemption from the requirement 
of tolerance.

    An exemption from the requirement of a tolerance is established for 
residues of the plant growth regulator 1,4-dimethylnaphthalene when 
applied post harvest to potatoes in accordance with good agricultural 
practices.

[FR Doc. 95-2821 Filed 2-7-95; 8:45 am]
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