[Federal Register Volume 61, Number 65 (Wednesday, April 3, 1996)]
[Proposed Rules]
[Pages 14694-14696]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8146]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180

[OPP-300396; FRL 4971-1]
RIN 2070-AC18


Pesticide Chemicals; Various Tolerance Actions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA proposes to revoke tolerances for residues of 10 pesticide 
chemicals in or on certain raw agricultural commmodities (RACs). EPA is 
taking this action because there are no current registrations for these 
uses. The applicable registrations for these pesticide uses have been 
canceled because of nonpayment of maintenance fees and/or voluntary 
registrant company request.

DATES: Comments identified by the docket number, [OPP-300396], must be 
received on or before June 3, 1996.

ADDRESSES: Submit written comments by mail 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: Public Docket, Rm. 
1132, Crystal Mall #2, 1921 Jefferson Davis Hwy., Arlington, VA 22202. 
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 as 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 will be included in the public docket by EPA without prior 
notice. The public docket is available for public inspection in Rm. 
1132 at the above address, from 8 a.m. to 4:30 p.m., Monday through 
Friday, excluding legal holidays.
    Comments and data may also be submitted electronically by sending 
electronic mail (e-mail) to: opp [email protected]. Electronic 
comments must be submitted as an ASCII file avoiding the use of special 
characters and any form of encryption. Comments and data will also be 
accepted on disks in WordPerfect in 5.1 file format or ASCII file 
format. All comments and data in electronic form must be identified by 
the docket number, [OPP-300396]. No Confidential Business Information 
(CBI) should be submitted through e-mail. Electronic comments on this 
proposed 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), Office of Pesticide Programs, Environmental 
Protection Agency, 401 M St., SW., Washington, DC 20460. Office 
location and telephone number: Sixth Floor, Crystal Station #1, 2800 
Jefferson Davis Hwy., Arlington, VA 22202, (703)-308-8351; e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION: This document proposes the revocation of 
tolerances established under section 408 of the Federal Food, Drug and 
Cosmetic Act (FFDCA) (21 U.S.C. 346a) for residues of the herbicides 2-
chloro-N,N-diallylacetamide (allidochlor), chloramben, 2,3,6-
trichlorophenylacetic acid (chlorfenac), chloroxuron, and diethatyl-
ethyl; the fungicides biphenyl, sec-butylamine, and chlorosulfamic 
acid; and the insecticides calcium cyanide and chlorthiophos in or on 
certain raw agricultural commodities (RACs). EPA is initiating this 
action because all registered uses of these pesticide chemicals in or 
on RACs have

[[Page 14695]]
been canceled. The registrations for these pesticide chemicals were 
canceled because the registrant failed to pay the required maintenance 
fee and/or the registrant voluntarily canceled all registered uses of 
the pesticide.
    Because there are no current food use registrations for any of 
these 10 pesticide chemicals EPA proposes to immediately revoke the 
tolerances for all of the pesticides listed above with the exception of 
chloramben, chloroxuron and diethatyl ethyl. Although no usages in 1992 
have been found for the herbicides chloramben, chloroxuron and 
diethatyl ethyl, and their registered products were canceled over 3 
years ago (except for diethatyl ethyl, for which the last product was 
canceled in April 1993), each of the herbicides still had usages on 
certain crops as late as 1994 and 1995. EPA has therefore decided to 
delay the revocation of chloramben, chloroxuron and diethatyl ethyl 
until March 1, 1999, instead of immediately, to allow domestic growers 
who may still have stocks on hand to use up their supplies and permit 
any treated raw commodities and products processed from such 
commodities to move through marketing channels, and, therefore, result 
in little or no domestic impacts. EPA is effecting this delayed 
revocation by including an expiration date in the tolerance. An import 
tolerance for tomatoes is established on chlorthiophos although there 
is no active registration. The Agency has been advised by the 
registrant (E.M. Industries) that the registrant no longer has an 
interest in maintaining the import tolerance. Therefore, the Agency is 
proposing to revoke the inactive import tolerance on chlorthiophos. The 
Agency is not recommending the establishment of action levels in place 
of these regulations. Since there are no food use registrations 
associated with these tolerances; hence, no legal use in the United 
States, and since these pesticides are either not persistent, or 
sufficient time has elapsed since their prior use for residues to 
dissipate, residues should not appear in any domestically produced 
commodities.
    The tolerances listed in 40 CFR part 180 being proposed for 
revocation are as follows: Sec. 180.125 (calcium cyanide), Sec. 180.141 
(biphenyl), Sec. 180.201 (chlorosulfamic acid), Sec. 180.216 
(chloroxuron), Sec. 180.266 (chloramben), Sec. 180.282 (2-chloro-N,N-
diallylacetamide (allidochlor)), Sec. 180.283 (2,3,6-
trichlorophenylacetic acid) (chlorfenac)), Sec. 180.321 (sec-
butylamine), Sec. 180.398 (chlorthiophos), and Sec. 180.402 (diethatyl-
ethyl).
    Any person who has registered or submitted an application for 
registration of a pesticide under the Federal Insecticide, Fungicide, 
and Rodenticide Act (FIFRA) as amended, which contains the ingredient 
listed herein, may request within 30 days after the publication of this 
document in the Federal Register that this rulemaking proposal be 
referred to an Advisory Committee in accordance with section 408(e) of 
the Federal Food, Drug, and Cosmetic Act (FFDCA).
    Interested persons are invited to submit written comments on the 
proposed regulation. Further, EPA is soliciting comments from anyone 
adversely affected by revocation of these tolerances, exemptions from 
tolerance, and food additive and feed additive regulations. EPA 
requests that anyone adversely affected by these revocations submit 
information pertaining to why and provide specific information as 
follows:
    1. Are there any existing stocks of the chemicals?
    2. If so, how much?
    3. When will the stocks be depleted?
    4. How long would the commodities treated with these chemicals be 
in the channels of trade?
    5. Are any of these pesticide chemicals used in foreign countries?
    6. Would residues of these pesticide chemicals be present in or on 
commodities grown in foreign countries and imported into the United 
States?
    Comments must bear a notation indicating the document control 
number, [OPP-300396]. All written comments filed in response to this 
petition will be available in the Public Response and Program Resources 
Branch at the above address from 8 a.m. to 4:30 p.m., Monday through 
Friday, except legal holidays.
    A record has been established for this rulemaking under docket 
number [PP OPP-300396] (including comments and data 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.
    Electronic comments can be sent directly to EPA at:
    opp D[email protected]


    Electronic comments 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 all comments 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 comments 
submitted directly in writing. The official rulemaking record is the 
paper record maintained at the address in ``ADDRESSES'' at the 
beginning of this document.
    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 entitlements, grants, user 
fees, or loan programs or the rights and obligations of recipients 
thereof; (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, it 
has been determined that this rule is not a ``significant regulatory 
action,'' because it does not meet any of the regulatory-significance 
criteria listed above.
    This proposed rule 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 EPA has determined that it will not have a significant 
economic impact on any small businesses, governments, or organizations. 
Accordingly, I certify that this proposed rule does not require a 
separate regulatory flexibility analysis under the Regulatory 
Flexibility Act.
    This proposed regulatory action does not contain any information 
collection requirements subject to review by OMB under the Paperwork 
Reduction Act of 1980, 44 U.S.C. 3501 et seq.

[[Page 14696]]

    This proposed rule contains no Federal mandates under Title II of 
the Unfunded Mandates Reform Act of 1995, Pub. L. 104-4, for State, 
local, or tribal governments or the private sector because it would not 
impose enforceable duties on them.

List of Subjects in 40 CFR Part 180

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

    Dated: March 26, 1996.

Stephen L. Johnson,

Director, Registration Division, 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.


Sec. 180.125   [Removed]

    2. By removing Sec. 180.125 Calcium cyanide; tolerances for 
residues.


Sec. 180.141   [Removed]

    3. By removing Sec. 180.141 Biphenyl; tolerances for residues.


Sec. 180.201   [Removed]

    4. By removing Sec. 180.201 Chlorosulfamic acid; tolerances for 
residues.
    5. By revising Sec. 180.216 Chloroxuron; tolerances for residues, 
to read as follows:


Sec. 180.216  Chloroxuron; tolerances for residues.

    A time-limited tolerance, with an expiration date of March 1, 1999, 
is established for negligible residues of the herbicide chloroxuron (3-
[p-(p-chlorophenoxy)phenyl]-1,1-di-methylurea) and its metabolites 
containing the p-(p-chlorophenoxy)aniline moiety calculated as 
chlorxuron in or on the raw agricultural commodities: soybeans and 
soybean forage, carrots, celery, onions, (dry bulb), and strawberries.
    6. By revising Sec. 180.266 Chloramben; tolerances for residues, to 
read as follows:


Sec. 180.266  Chloramben; tolerances for residues.

    A time-limited tolerance, with an expiration date of March 1, 1999, 
is established for negligible residues of the herbicide chloramben (3-
amino-2,5-dichlorobenzoic acid) in or on the raw agricultural 
commodities: dried beans; lima beans; snap beans; bean vines; 
cantaloupes; corn, field, forage, corn, fodder; corn, field, grain; 
cucumbers; peanuts; peanut forage; pigeon peas, pidgeon pea forage, 
peppers, pumpkins, soybeans, soybean forage, summer squash; winter 
squash; sunflower seed, sweet potatoes and tomatoes.


Sec. 180.282   [Removed]

    7. By removing Sec. 180.282 2-Chloro-N,N-diallylacetamide; 
tolerances for residues.


Sec. 180.283   [Removed]

    8. By removing Sec. 180.283 2,3,6-Trichlorophenylacetic acid; 
tolerances for residues.


Sec. 180.321   [Removed]

    9. By removing Sec. 180.321 sec-Butylamine; tolerances for 
residues.


Sec. 180.398   [Removed]

    10. By removing Sec. 180.398 Chlorthiophos; tolerances for 
residues.
    11. By revising Sec. 180.402 Diethatyl-ethyl, to read as follows:


Sec. 180.402   Diethatyl-ethyl; tolerances for residues.

    A time-limited tolerance, with an expiration date of March 1, 1999, 
is established for negligible residues of the herbicide diethatyl-ethyl 
and its metabolites determinable as the N-acetyl N-(2,6-diethylphenyl) 
glycine derivative in or on the raw agricultural commodities: red beet 
roots, red beet tops, spinach, sugar beet roots and sugar beet tops.

[FR Doc. 96-8146 Filed 4-2-96; 8:45 am]
BILLING CODE 6560-50-F