[Federal Register Volume 60, Number 187 (Wednesday, September 27, 1995)]
[Rules and Regulations]
[Pages 49798-49800]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-23711]



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

[OPP-300328A; FRL-4946-7]
RIN No. 2070-AB78


Pesticide Chemicals; Various Revocations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This rule revokes tolerances and food and feed additive 
regulations established for residues of 16 pesticide chemicals in or on 
certain raw agricultural commodities (RACs), processed foods, and 
animal feeds. A tolerance for the herbicide barban is changed to a 
time-limited tolerance, with an expiration date of January 1, 1998. EPA 
is initiating this action for those pesticides which have no food use 
registrations. The applicable registrations for these pesticides have 
been canceled because of nonpayment of maintenance fees or by 
registrant request.

EFFECTIVE DATE: This regulation becomes effective September 27, 1995.

ADDRESSES: Written objections and hearing requests, identified by the 
document control number [OPP-300328A], may be submitted to: Hearing 
Clerk (1900), Environmental Protection Agency, Rm. M3708, 401 M St., 
SW., Washington, DC 20460. 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. A copy of any objections and hearing requests 
filed with the Hearing Clerk should be identified by the document 
control number and should also be submitted to: Public Response and 
Program Resources Branch, Field Operations Division (7605C), Office of 
Pesticide Programs, Environmental Protection Agency, 401 M St., SW., 
Washington, DC 20460. In person, deliver objections and hearing 
requests filed with the Hearing Clerk to: Rm. 1132, Crystal Mall #2, 
1921 Jefferson Davis Hwy., Arlington, VA.
    A copy of objections and hearing requests filed with the Hearing 
Clerk may also be submitted electronically by sending electronic mail 
(e-mail) to: [email protected]. Copies of objections and 
hearing requests must be submitted as an ASCII file avoiding the use of 
special characters and any form of encryption. Copies of objections and 
hearing requests will also be accepted on disks in WordPerfect in 5.1 
file format or ASCII file format. All copies of objections and hearing 
requests in electronic form must be identified by the docket number 
[OPP-300328A]. No Confidential Business Information (CBI) should be 
submitted through e-mail. Electronic copies of objections and hearing 
requests on this rule may be filed online at many Federal Depository 
Libraries. Additional information on electronic submissions can be 
found below in this document.

FOR FURTHER INFORMATION CONTACT: By mail: Owen F. Beeder, Registration 
Division (7505W), Environmental Protection Agency, 401 M St., SW., 
Washington, DC 20460. Office location and telephone number: 6th Floor, 
Crystal Station #1, Westfield Building, 2800 Jefferson Davis Highway, 
Arlington, VA, (703)-308-8351; e-mail: [email protected].

SUPPLEMENTARY INFORMATION: In the Federal Register of April 14, 1994 
(59 FR 17754), EPA issued a proposal to revoke all tolerances and food 
additive and feed additive regulations (``tolerances'') established 
under sections 408 and 409 of the Federal Food, Drug and Cosmetic Act 
(21 U.S.C. 346a and 348) for residues of the herbicides 
tributylphosphorotrithioite, 2-chloroallyldiethyldithiocarbamate, 
norea, barban, sodium trichloroacetate, dinitramine, dipropetryn and 
bifenox; the plant regulators 1,2,4,5-tetrachloro-3-nitrobenzene and 
cycloheximide; the insecticides dimethyl phosphate of (alpha)-
methylbenzyl 3-hydroxy-cis-crotonate, pirimiphos-ethyl, 2-chloro-1-
(2,4-dichlorophenyl) vinyl diethyl phosphate, phenothiazine, O,O-
dimethyl O-p-(dimethylsulfamoyl) phenyl phosphorothioate including its 
oxygen analog, and flucythrinate; and the fungicide hexachlorophene in 
or on raw agricultural commodities (RACs), processed foods, and feeds. 
EPA initiated this action because all registered uses of these 
pesticide chemicals in or on RACs and processed foods and feeds have 
been canceled. The registrations for these pesticide chemicals were 
canceled because the registrant failed to pay the required maintenance 
fee, or the registrant voluntarily canceled all registered uses of the 
pesticide.
    Following a review of comments received in response to this 
tolerance revocation proposal, the Agency has determined to proceed 
with the immediate revocation of the tolerances and food additive and 
feed additive regulations for all of the pesticides listed above with 
the exception of barban. In response to a comment, EPA has decided to 
delay the revocation of barban until January 1, 1998. EPA is effecting 
this delayed revocation by including an expiration date in the 
tolerance.
    Two comments were received in response to the proposal in the 
Federal Register (59 FR 17754, April 14, 1994). One comment received 
from United Agri Products (UAP) on barban requested that the proposed 
tolerance revocation for barban (40 CFR 180.268) be delayed because of 
the adverse impact that would result to owners of existing stocks of 
barban and treated commodities if the revocation were to become final 
at this time. The Agency was advised of the existence of approximately 
1,700 gallons of a formulation containing 2 lbs. of barban per gallon 
at UAP and of approximately 3,000 gallons at the dealer level. UAP 
requested that the Agency allow the existing stocks to be used over a 
2-year period and proposed that January 1, 1998, be the earliest 
effective date for revocation of the tolerance. EPA agrees and is 
inserting an expiration date of January 1, 1998, in the barban (4-
chloro-2-butynyl m-chlorocarbanilate) tolerance regulation.
    The other comment was received from Remel on cycloheximide and 
expressed concern that the revocation of the tolerance for 
cycloheximide would have an adverse effect on the import of 
cycloheximide into the United States for use as an ingredient in 
biological culture media. The Agency believes that the revocation of 
the tolerance on cycloheximide would not prevent the import of this 
chemical for a nonfood use. Therefore, this comment does not affect the 
revocation of the tolerance.
    Therefore, based on the information considered by the Agency and 
discussed in detail in the April 14, 1994 proposal and in this final 
rule, the Agency is hereby revoking the tolerances listed below in 40 
CFR parts 180, 185, and 186.

[[Page 49799]]

    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 a request for a hearing with the Hearing 
Clerk, at the address given above (40 CFR 178.20). A copy of the 
objections and 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 each such issue, 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).
     A record has been established for this rulemaking under docket 
number [OPP-300328A] (including objections and hearing requests 
submitted electronically as described below). A public version of this 
record, including printed, paper versions of electronic comments, which 
does not include any information claimed as CBI, is available for 
inspection from 8 a.m. to 4:30 p.m., Monday through Friday, excluding 
legal holidays. The public record is located in Room 1132 of the Public 
Response and Program Resources Branch, Field Operations Division 
(7506C), Office of Pesticide Programs, Environmental Protection Agency, 
Crystal Mall #2, 1921 Jefferson Davis Highway, Arlington, VA.
    Written objections and hearing requests, identified by the document 
control number [OPP-300328A], may be submitted to the Hearing Clerk 
(1900), Environmental Protection Agency, Rm. 3708, 401 M St., SW., 
Washington, DC 20460.
    A copy of electronic objections and hearing requests filed with the 
Hearing Clerk can be sent directly to EPA at:
    opp-D[email protected]


    A copy of electronic objections and hearing requests filed with the 
Hearing Clerk must be submitted as an ASCII file avoiding the use of 
special characters and any form of encryption.
    The official record for this rulemaking, as well as the public 
version, as described above will be kept in paper form. Accordingly, 
EPA will transfer any objections and hearing requests received 
electronically into printed, paper form as they are received and will 
place the paper copies in the official rulemaking record which will 
also include all objections and hearing requests submitted directly in 
writing. The official rulemaking record is the paper record maintained 
at the address in ``ADDRESSES'' at the beginning of this document.

Executive Order 12866

    As explained in the proposal published June 30, 1992, the Agency 
has determined, pursuant to the requirements of Executive Order 12866, 
that the revocation of these tolerances is not a ``major'' regulatory 
action. The reasons for this conclusion are described in the April 14, 
1994 proposed rule.

Regulatory Flexibility Act

    This rulemaking 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. The reasons for this conclusion are discussed 
in the April 14, 1994 proposed rule.

List of Subjects in 40 CFR Parts 180, 185, and 186

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

    Dated: September 8, 1995.

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

    Therefore, 40 CFR parts 180, 185, and 186 are 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.

Sec. 180.186   [Removed]

    b. By removing Sec. 180.186 Tributylphosphorotrithioite; tolerances 
for residues.


Sec. 180.203   [Removed]

    c. By removing Sec. 180.203 1,2,4,5-Tetrachloro-3-nitrobenzene; 
tolerances for residues.


Sec. 180.233   [Removed]

    d. By removing Sec. 180.233 O,O-Dimethyl O-p-(dimethylsulfamoyl) 
phenyl phosphorothioate including its oxygen analog; tolerances for 
residues.


Sec. 180.247   [Removed]

    e. By removing Sec. 180.247 2-Chloroallyldiethyldithiocarbamate; 
tolerances for residues.


Sec. 180.260   [Removed]

    f. By removing Sec. 180.260 Norea; tolerances for residues.
    g. By revising Sec. 180.268, to read as follows:


Sec. 180.268   Barban; tolerances for residues.

    A time-limited tolerance, with an expiration date of January 1, 
1998, is established for negligible residues of the herbicide barban 
(4-chloro-2-butynyl m-chlorocarbanilate) in or on the raw agricultural 
commodities barley, flax seed, lentils, mustard seed, peas, safflower 
seed, soybeans, sugar beets, sugar beet tops, sunflower seed, and 
wheat.


Sec. 180.280   [Removed]

    h. By removing Sec. 180.280 Dimethyl phosphate of alpha-
methylbenzyl-3-hydroxy-cis-crotonate; tolerances for residues.


Sec. 180.302   [Removed]

    i. By removing Sec. 180.302 Hexachlorophene; tolerances for 
residues.


Sec. 180.308   [Removed]

    j. By removing Sec. 180.308 Pirimiphos-ethyl; tolerances for 
residues.


Sec. 180.310   [Removed]

    k. By removing Sec. 180.310 Sodium trichloroacetate; tolerances for 
residues.


Sec. 180.319   [Amended]

    l. By amending Sec. 180.319 Interim tolerances by removing the 
entry for phenothiazine from the table of pesticide chemicals therein.


Sec. 180.322   [Removed]

    m. By removing Sec. 180.322  2-Chloro-1-(2,4-dichlorophenyl) vinyl 
diethyl phosphate; tolerances for residues.


Sec. 180.327   [Removed]

    n. By removing Sec. 180.327 Dinitramine; tolerances for residues.

[[Page 49800]]



Sec. 180.329   [Removed]

    o. By removing Sec. 180.329 Dipropetryn; tolerances for residues.


Sec. 180.336   [Removed]

    p. By removing Sec. 180.336 Cycloheximide; tolerances for residues.


Sec. 180.351   [Removed]

    q. By removing Sec. 180.351  Bifenox; tolerances for residues.


Sec. 180.400   [Removed]

    r. By removing Sec. 180.400 Flucythrinate; tolerances for residues.

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 348.

Sec. 185.3300   [Removed]

    b. By removing Sec. 185.3300 Flucythrinate; tolerances for 
residues.

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.

Sec. 186.3300   [Removed]

    b. By removing Sec. 186.3300 Flucythrinate.

[FR Doc. 95-23711 Filed 9-26-95; 8:45 am]
BILLING CODE 6560-50-F