[Federal Register Volume 61, Number 104 (Wednesday, May 29, 1996)]
[Proposed Rules]
[Pages 26861-26863]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13442]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 180, 185 and 186

[OPP-300408; FRL-4992-5]
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 established for residues of 
13 pesticide chemicals in or on certain raw agricultural commodities 
(RACs) and processed foods. EPA is initiating this action because there 
are no current registrations associated with these food uses. The 
applicable registrations for these pesticide uses have been canceled 
because of nonpayment of maintenance fees, or by company request.

DATES: Written comments, identified by the document control number 
[OPP-300408], must be received on or before July 29, 1996.

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 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). CBI should not be submitted through e-mail. 
Information marked as CBI 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 4:30 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-300408]. 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 submission 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 Highway, Arlington, VA 22202, (703)-308-8351; e-mail: 
[email protected].
SUPPLEMENTARY INFORMATION: This document proposes the revocation of 
tolerances and food and feed additive regulations (tolerances) 
established under sections 408 and 409 of the Federal Food, Drug, and 
Cosmetic Act (FFDCA) (21 U.S.C. 346a and 348) for residues of the 
herbicides dalapon, diphenamid, sesone, fluchloralin and metobromuron; 
the fungicides basic zinc sulfate, glyodin, hexachlorophene and manam; 
the insecticide hydrogen cyanide; the plant regulators DNOC and 
metachlorphenprop; and the food additive ethyl formate, in or on raw 
agricultural commodities (RACs), processed foods, and feeds. EPA is 
initiating this action because all registered uses of these pesticide 
chemicals in or on RACs and processed foods have 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 13 
pesticide chemicals, EPA proposes to revoke the tolerance and food 
additive and feed additive regulations for these pesticide chemicals. A 
tolerance, food additive, or feed additive regulation is not generally 
necessary for a pesticide chemical that is not registered for a 
particular food use. 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.
    Because there no current food use registrations for any of these 13 
pesticide chemicals EPA proposes to immediately revoke the tolerances 
for all of the pesticides listed above with the exception of dalapon, 
diphenamid, glyodin, and DNOC and its sodium salt.
    Although no usages in 1992 have been found for the herbicides 
dalapon and diphenamid, the fungicide glyodin, and the plant regulater 
DNOC and its sodium salt, and their registered products were canceled 
over three years ago (except for DNOC, for which the last product was 
canceled in February 1993), each of these chemicals still had small 
domestic usages on certain crops as late as 1994 and 1995. EPA has 
therefore decided to delay the revocation of dalapon, diphenamid, 
glyodin and DNOC until May 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.
    The tolerances, food additive and feed additive regulations listed 
in 40 CFR part 180 being proposed for revocation are as follows: 
Sec. 180.102 (sesone), Sec. 180.124 (glyodin), Sec. 180.130 (hydrogen 
cyanide), Sec. 180.150 (dalapon), Sec. 180.161 (manganous 
dimethyldithiocarbamate (manam)), Sec. 180.230 (diphenamid), 
Sec. 180.244 (basic zinc sulfate), Sec. 180.250 (metobromuron), 
Sec. 180.302 (hexachlorophene), Sec. 180.325 2-(m-Chlorophenoxy) 
propionic acid (metachlorphenprop), Sec. 180.344 (4,6-dinitro-o-cresol) 
(DNOC), and its sodium salt, Sec. 180.363 (fluchloralin), Sec. 185.2900 
(ethyl formate), Sec. 185.1500 (dalapon), and Sec. 186.1500 (dalapon).
    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 any of the 
ingredients listed herein, may request within 30 days after 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, exemption from 
tolerance, food additive and feed additive regulations. EPA requests 
that anyone

[[Page 26862]]

adversely affected by these revocations submit information pertaining 
to why and provide specific information as follows: 1. Are there any 
existing stocks of the chemical? 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. Would residues on any 
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-300408]. 
All written comments filed in response to this document will be 
available for public inspection in the Public Response Section, at the 
Virginia address given above, from 8:00 a.m. to 4:30 p.m., Monday 
through Friday, except legal holidays.
    A record has been established for this rulemaking under docket 
number [OPP-300408] (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 Rm. 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 rulemking record is the 
paper record maintained at the address in ``ADDRESSES'' at the 
beginning of this document.

Regulatory Assessment Requirements

A. 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 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, 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.

B. Regulatory Flexibility Act

    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 it has been determined that it will not have an 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.

C. Paperwork Reduction 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.

D. Unfunded Mandates

    This action does not impose any enforceable duty, or contain any 
``unfunded mandates'' as described in Title II of the Unfunded Mandates 
Reform Act of 1995 (Pub. L. 104-4), or require prior consultation as 
specified by Executive Order 12875 (58 FR 58093, October 28, 1993), 
entitled Enhancing the Intergovernmental Partnership, or special 
consideration as required by Executive Order 12898 (59 FR 7629, 
February 16, 1994).

List of Subjects

40 CFR Part 180

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

40 CFR Part 185

    Environmental protection, Food Additives, Pesticides and Pests.

40 CFR Part 186

    Environmental protection, Animal feeds, Pesticides and Pests.

    Dated: May 15, 1996.

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

    Therefore, it is proposed that chapter I of title 40 of the Code of 
Federal Regulations be 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. 180.102   [Removed]

    b. By removing Sec. 180.102 Sesone; tolerances for residues.
    c. By revising Sec. 180.124 Glyodin; tolerances for residues to 
read as follows.


Sec. 180.124  Glyodin; tolerance for residues.

    A time-limited tolerance of 5 parts per million, with an expiration 
date of May 1, 1999, is established for the residues of the fungicide 
glyodin (2-heptadecyl-2-imidazoline acetate or 2-heptadecyl-2-
imidazoline (base) in or on the following raw agricultural commodities: 
apples, cherries, peaches, and pears.


Sec. 180.130   [Removed]

    d. By removing Sec. 180.130 Hydrogen cyanide; tolerances for 
residues.
    e. By revising Sec. 180.150 Dalapon; tolerances for residues to 
read as follows.


Sec. 180.150 Dalapon; tolerances for residues.

    (a) A time-limited tolerance, with an expiration date of May 1, 
1999, is established for residues of the herbicide dalapon (2,2-
dichloropropionic acid) resulting from application of dalapon sodium 
salt or sodium-magnesium salt mixtures in or on the following raw 
agricultural commodities:

------------------------------------------------------------------------
                                                              Parts per 
                         Commodity                             million  
------------------------------------------------------------------------
Almonds....................................................           10
Almonds, hulls.............................................           50
Apples.....................................................            3
Apricots...................................................            1
Asparagus..................................................           30

[[Page 26863]]

                                                                        
Bananas....................................................            5
Beans......................................................            1
Beans, straw...............................................            1
Beets, sugar (roots).......................................            5
Beets, sugar (tops)........................................            5
Cattle, mbyp...............................................          0.2
Cattle, meat...............................................          0.2
Coffee beans...............................................            2
Corn, ear, dried (K+C).....................................           10
Corn, fodder...............................................            5
Corn, forage...............................................            5
Corn, fresh (including sweet K+CWHR).......................            5
Corn, grain................................................           10
Cottonseed.................................................           35
Cranberries................................................            5
Eggs.......................................................          0.3
Flaxseed...................................................           75
Goats, mbyp................................................          0.2
Goats, meat................................................          0.2
Grapefruit.................................................            5
Grapes.....................................................            3
Grasses, pasture...........................................           10
Grasses, range.............................................           10
Hogs, mbyp.................................................          0.2
Hogs, meat.................................................          0.2
Lemons.....................................................            5
Limes......................................................            5
Macadamia nuts.............................................            1
Milk.......................................................          0.1
Oranges....................................................            5
Peaches....................................................           15
Pears......................................................            3
Peas, shelled..............................................           15
Peas, unshelled............................................           15
Peas, vine, with pod.......................................           15
Peas, vine, without pod....................................           15
Pecans.....................................................          0.1
Pineapples.................................................            3
Plums......................................................            1
Potatoes...................................................           10
Poultry, (excluding kidney)................................            3
Poultry, kidney............................................            9
Sheep, mbyp................................................          0.2
Sheep, meat................................................          0.2
Sorghum....................................................            1
Sorghum, forage............................................            5
Soybeans...................................................            1
Soybeans, straw............................................            1
Sugarcane..................................................          0.1
Tangerines.................................................            5
Walnuts....................................................            5
------------------------------------------------------------------------



    (b) A time-limited tolerance, with an expiration date of May 1, 
1999, is established for residues of dalapon (2,2-dichloropropionic 
acid) resulting from application of dalapon sodium-magnesium salt 
mixtures to irrigation ditch banks in the western United States in or 
on the following raw agricultural commodities. Where tolerances are 
established at higher levels from other uses of dalapon on the subject 
crops, the higher tolerance applies also to residues from the 
irrigation ditch bank use.

------------------------------------------------------------------------
                                                              Parts per 
                         Commodity                             million  
------------------------------------------------------------------------
Avocados...................................................          0.2
Citrus fruits..............................................          0.2
Cottonseed.................................................          0.2
Cucurbits..................................................          0.5
Flaxseed...................................................          2.0
Fruits, pome...............................................          0.2
Fruits, small..............................................          0.2
Fruits, stone..............................................          0.2
Grain crops (exc wheat)....................................          0.5
Grasses, forage............................................            2
Hops.......................................................          0.2
Legumes, forage............................................            2
Nuts.......................................................          0.2
Vegetables, fruiting.......................................          0.2
Vegetables, leafy..........................................          0.5
Vegetables, root crop......................................          0.2
Vegetables, seed and pod...................................          0.5
Wheat......................................................            2
------------------------------------------------------------------------

Sec. 180.161   [Removed]

    f. By removing Sec. 180.161 Manganous dimethyldithio-carbamate; 
tolerances for residues.
    g. By revising Sec. 180.230 Diphenamid; tolerances for residues  to 
read as follows.


Sec.  180.230   Diphenamid; tolerances for residues.

    A time-limited tolerance with an expiration date of May 1, 1999, is 
established for the residues of the herbicide dipenamid (N,N,-dimethyl-
2,2-diphenylacetamide) including its desmethyl metabolite N-methyl-2,2-
diphenylacetamide in or on the raw agricultural commodities as follows:
    2 parts per million in or on peanut hay and forage.
    1 parts per million in or on potatoes and strawberries.
    0.5 parts per million in or on peanut hulls and soybean hay and 
forage.
    0.2 parts per million in or on cotton forage.
    0.1 parts per million (negligible residue) in or on apples, 
cottonseed, fruiting vegetables, okra, peaches, peanuts, soybeans, 
and sweet potatoes.
    0.05 parts per million in or on (negligible residue) in meat, 
fat, and meat byproducts of cattle, goats, hogs, horses, and sheep.
    0.01 parts per million (negligible residue) in milk.
    1.0 parts per million in or on raspberries.


Sec. 180.244   [Removed]

    h. By removing Sec. 180.244 Basic zinc sulfate; tolerances for 
residues.


Sec. 180.250   [Removed]

    i. By removing Sec. 180.250 Metobromuron; tolerances for residues.


Sec. 180.325   [Removed]

    j. By removing Sec. 180.325 2-(m-Chlorophenoxy) propionic acid; 
tolerances for residues.
    k. By revising Sec. 180.344 4,6-Dinitro-o-cresol and its sodium 
salt; tolerance for residues to read as follows.


Sec. 180.344 4,6-dinitro-o-cresol and its sodium salt; tolerance for 
residues.

    A time-limited tolerance of 0.2 part per million, with an 
expiration date of May 1, 1999, is established for residues of the 
plant regulators 4,6-dinitro-o-cresol (DNOC) and its sodium salt in or 
on the raw agricultural commodity apples from application to apple 
trees at the blossom stage as a fruit-thinning agent.


Sec. 180.363   [Removed]

    l. By removing Sec. 180.363 Fluchloralin; 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.


    b. By revising Sec. 185.1500 Dalapon; tolerances for residues to 
read as follows.


Sec.  185.1500 Dalapon; tolerances for residues.

    A time-limited tolerance of 0.2 part per million, with an 
expiration date of May 1, 1999, is established for the residues of the 
herbicide dalapon (2,2-dichloropropionic acid) in potable water when 
present therein as a result of the application of dalapon sodium-
magnesium salt mixtures to irrigation ditch banks in the western United 
States.


Sec. 185.2900   [Removed]

    c. By removing Sec. 185.2900 Ethyl formate; 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.


    b. By revising Sec. 186.1500 Dalapon; tolerances for residues to 
read as follows:


Sec.  186.1500 Dalapon; tolerances for residues.

    A time-limited tolerance of 20 parts per million, with an 
expiration date of May 1, 1999, is established for residues of the 
herbicide dalapon (2,2-dichloropropionic acid) in dehydrated citrus 
pulp for cattle feed, when present therein as a result of the 
application of dalapon sodium salt or dalapon sodium-magnesium salt 
mixtures during the growing of citrus fruit.

[FR Doc. 96-13442 Filed 5-28-96; 8:45 am]
BILLING CODE 6560-50-F