[Federal Register Volume 61, Number 98 (Monday, May 20, 1996)]
[Rules and Regulations]
[Pages 25153-25154]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12736]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 185

[OPP-300335B; FRL-5372-2]


Pesticides; Partial Stay of Effective Date for Order Revoking 
Certain Food Additive Regulations

AGENCY: Environmental Protection Agency (EPA).
ACTION: Partial stay of Effective Date.

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SUMMARY: EPA is staying the effective date of a final rule revoking the 
food additive regulations (FARs) for certain uses of propargite, 
mancozeb, ethylene oxide and propylene oxide. The final

[[Page 25154]]

rule, subject to objections, was published in the Federal Register on 
March 22, 1996. EPA received petitions to stay the May 21, 1996 
effective date for the final rule as it applied to the four pesticides 
noted above. EPA is staying the effective date until it can review the 
petitions and determine whether to grant the petitions for stays and if 
so, for what length of time.
DATES: This partial stay is effective May 20, 1996.
FOR FURTHER INFORMATION CONTACT: Niloufar Nazmi, Special Review Branch 
(7508W), Special Review and Reregistration Division, Office of 
Pesticide Programs, 401 M St., SW., Washington, DC 20460. Office 
location and telephone number: 3rd floor, Westfield Building, 2800 
Crystal Drive, Arlington, VA, Telephone: (703) 308-8028, e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION:
    In the Federal Register of March 22 1996 (61 FR 11993), EPA issued 
an order by final rule revoking the FARs for certain uses of seven 
pesticides. EPA revoked the above FARs based on the determination that 
these FARs are inconsistent with the Delaney clause, in section 409 of 
the Federal Food, Drug and Cosmetic Act (FFDCA). In the final rule, EPA 
set an effective date of May 21, 1996 for the revocations.
    Any person adversely affected by the March 22, 1996 Order was 
allowed 30 days to: (1) File written objections to the order, (2) file 
a written request for an evidentiary hearing on the objections, and (3) 
file a petition for a stay of the effective date.
    EPA received requests from four Petitioners to stay the effective 
date of revocation for the following: propargite on tea and figs from 
the Uniroyal Chemical Company; mancozeb on oat bran from the Mancozeb 
Task Force; ethylene oxide on ground spices from the American Spice 
Trade Association; and propylene oxide on nutmeats, ground spices, 
cocoa and gums from Aberco Inc. The Petitioners contend to have 
satisfied the four criteria outlined in the final rule regarding the 
stay of an administrative action (21 CFR 10.35). All four Petitioners 
assert that: (1) They will suffer irreparable injury; (2) their case is 
not frivolous and is being pursued in good faith; (3) they have 
demonstrated sound public policy grounds supporting the stay; and (4) 
the delay resulting from the stay is not outweighed by public health or 
other public interests.
    Full copies of the stay requests may be viewed in the OPP Docket 
under the document control number. The OPP docket is located in the 
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.
    By this document, EPA is staying the effective date of the March 
22, 1996 final rule until such time as EPA issues its responses to the 
stay petitions.

List of Subjects in 40 CFR Part 185

    Environmental protection, Food additives, Pesticides and pest.

Dated: May 16, 1996.

Susan H. Wayland,

Acting Assistant Administrator for Prevention, Pesticides and Toxic 
Substances.

    Therefore, 40 CFR part 185 is amended as follows:
    1. The authority citation continues to read as follows:
    Authority: 21 U.S.C. 346a and 348.


Sec. 185.2850  [Amended]

    1. The amendment removing Sec. 185.2850, published at 61 FR 12009, 
March 22, 1996 is stayed.


Sec. 185.5000  [Amended]

    2. On page 12009, in the issue for March 22, 1996, the removal from 
the table in Sec. 185.5000 of ``figs, dried,'' and ``tea, dried,'' is 
stayed. The removal of the entry for raisins is not affected by this 
stay.
    3. On page 12009, in the issue for March 22, 1996, the removal of 
Sec. 185.5150 is stayed with respect to the removal of the introductory 
text, paragraphs (a), (b), (c), (d) and (e), and in the table, with 
respect to the entries for ``cocoa,'' ``gums,'' ``processed nutmeats 
(except peanuts),'' and ``spices, processed.'' The removal of the 
entries for ``glace fruit,'' ``prunes, dried,'' and ``starch'' is not 
affected by this stay. For clarity and ease of use by the reader the 
text that remains pursuant to the stay is set forth below.


Sec. 185.5150   Propylene oxide.

    The food additive propylene oxide may be safely used in or on foods 
in accordance with the following prescribed conditions:
    (a) It is intended as a fumigant in or on bulk quantities of cocoa, 
gums, processed spices, and processed nutmeats (except peanuts) when 
such bulk foods are to be further processed into a final food form.
    (b) It is applied in fumigation chambers not more than one time at 
a temperature not in excess of 125 deg. F. The maximum period of 
fumigation shall not exceed 4 hours for cocoa, processed nutmeats 
(except peanuts), and processed spices. For edible gums, the maximum 
duration shall be 24 hours.
    (c) When used as described in paragraphs (a) and (b) of this 
section, residues shall not exceed the following limitations:

------------------------------------------------------------------------
                          Food                            Limitations\1\
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Cocoa...................................................            300 
Gums....................................................            300 
Processed nutmeats (except peanuts).....................            300 
Spices, processed.......................................           300  
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\1\ Expressed as parts per million of propylene oxide.                  

    (d) When used as a mixture with carbon dioxide (92 parts of carbon 
dioxide to 8 parts of propylene oxide on a weight/weight basis), all 
commodities listed in paragraph (c) of this section may be processed 
not more than one time for a period not to exceed 48 hours and at a 
temperature not to exceed 125 deg. F.
    (e) To assure safe use of the additive, the label and labeling of 
the pesticide formulation containing the food additive shall conform to 
the label an labeling registered by the U. S. Environmental Protection 
Agency.
    9. On page 12009, in the issue for March 22, 1996, the removal of 
Sec. 185.6300 with respect to the introductory text and bran of oats is 
stayed. For clarity and ease of use by the reader the text that remains 
pursuant to the stay is set forth below.


Sec. 185.6300   Zinc ion and maneb coordination product.

    Tolerances are established for residues of a fungicide which is a 
coordination product of zinc ion and maneb (manganous 
ethylenebisdithiocarbamate) containing 20 percent manganese, 2.5 
percent zinc, and 77.5 percent ethylenebisdithiocarbamate (the whole 
product calculated as zinc ethylenebisdithiocarbamate) in or on the 
following processed foods, when present therein as a result of the 
application of this fungicide to growing crops:
    20 parts per million in the bran of oats.



[FR Doc. 96-12736 Filed 5-16-96; 2:14 pm]
BILLING CODE 6560-50-F