[Federal Register Volume 61, Number 168 (Wednesday, August 28, 1996)]
[Proposed Rules]
[Page 44269]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-21821]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 180 & 185

[OPP-300360B; FRL-5394-6]
RIN 2070-AB78


Pesticides; Extension of Time for Filing Objections and Requests 
for Hearing for Food Additive Revocations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of extension.

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SUMMARY: EPA is extending by 30 days the time period for filing 
objections, requests for hearings and requests for stays pertaining to 
a final rule revoking the food additive tolerances for certain uses of 
acephate, iprodione, imazalil and triadimefon. EPA is also extending 
the effective date of the revocation by 30 days. EPA is taking this 
action under the provisions of the Food, Drug and Cosmetic Act, as 
modified by the recently enacted Food Quality Protection Act.
DATES: The effective date of September 27, 1996 of the final rule 
published at 61 FR 39528, July 29, 1996 is extended to October 28, 
1996. The date for objections, requests for hearings, or stays is 
extended from August 28, 1996 to September 27, 1996.

FOR FURTHER INFORMATION CONTACT: Jean M. Frane, Policy and Special 
Projects Staff (7501C), Environmental Protection Agency, 401 M St., 
SW., Washington, DC 20460. Office location and telephone number: Rm. 
1113, Crystal Mall #2, 1921 Jefferson Davis Highway, Arlington, VA, 
(703) 305-5944. e-mail: [email protected].

SUPPLEMENTARY INFORMATION: In the Federal Register of July 29, 1996 (61 
FR 39528)(FRL-5388-2), EPA issued an order revoking six food additive 
tolerances for four pesticides. EPA revoked four tolerances based on 
the determination that the tolerances were inconsistent with the 
Delaney clause in section 409 of the Federal Food, Drug and Cosmetic 
Act (FFDCA), and two tolerances because they are not needed to prevent 
the adulteration of food. In the final rule, EPA set an effective date 
of September 27, 1996 for the revocations. Any person adversely 
affected by the July 29, 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. Under the original date, objections and 
requests for hearing were to be filed by August 28, 1996.
    Subsequently, on August 3, 1996, the President signed the Food 
Quality Protection Act of 1996 (FQPA) (Pub.L. 104-170). Among other 
things, this new law revised the procedures for objecting to Agency 
decisions on tolerance regulations. FFDCA 408(g)(2)(A) now provides 60 
days instead of 30 days for the filing of objections and requests for 
hearings. These provisions were effective immediately upon enactment.
    EPA has received requests from Valent U.S.A., Bayer Corporation and 
Whitmire MicroGen, requesting that, in light of other provisions of the 
new FQPA, EPA should extend the time for filing objections and hearing 
requests, or should withdraw the revocations altogether. The requesters 
suggest that the Agency's basis for revocations under the Delaney 
clause of section 409 of the FFDCA has been nullified by the enactment 
of the FQPA, which takes pesticide tolerances out from under the 
provisions of section 409 entirely. EPA believes there is merit in this 
argument and is currently developing an appropriate regulatory order. 
Given that this order is not yet complete, however, EPA believes it is 
reasonable to extend the time for filing objections and requests for 
hearing in accordance with the new timeframes in section 408(g). EPA is 
taking this action in its discretion and upon its own initiative.
    Accordingly, by this document, EPA is extending the date by which 
objections and requests for hearings and stays can be filed, and also 
extending the effective date of the final rule revoking the food 
additive tolerances for certain uses of acephate, iprodione, imazalil 
and triadimefon, published at 61 FR 39528, July 29, 1996.

    Dated: August 22, 1996.

Susan H. Wayland,
Acting Assistant Administrator for Prevention, Pesticides, and Toxic 
Substances.

[FR Doc. 96-21821 Filed 8-27-96; 8:45 am]
BILLING CODE 6560-50-F