[Federal Register Volume 60, Number 80 (Wednesday, April 26, 1995)]
[Proposed Rules]
[Pages 20470-20471]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10253]



[[Page 20470]]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[OPP-300382; FRL-4945-5]
RIN 2070-AC18


Summer Squash; Definitions and Interpretations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: This document proposes that 40 CFR 180.1(h) be amended to 
expand EPA's interpretation for the application of tolerances and 
exemptions from the requirement of a tolerance established for 
pesticide chemicals in or on the raw agricultural commodity summer 
squash to include chayote fruit. The proposed amendment to 40 CFR 
180.1(h) is based, in part, on recommendations of the Interregional 
Research Project No. 4 (IR-4).

DATES: Comments, identified by the document control number [OPP-
300382], must be received on or before May 26, 1995.

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). Information so marked 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 p.m., Monday through Friday, 
excluding legal holidays.

FOR FURTHER INFORMATION CONTACT: By mail: Hoyt L. Jamerson, 
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)-308-8783; e-
mail: Jamerson.H<a href="/cdn-cgi/l/email-protection#acc3d5d8ecc9dccdc1cdc5c082c9dccd82cbc3da"><span class="__cf_email__" data-cfemail="731c0a07331603121e121a1f5d1603125d141c05">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: Paragraph (h) of 40 CFR 180.1 provides a 
listing of general commodity terms and EPA's interpretation of those 
terms as they apply to tolerances and exemptions from the requirement 
of a tolerance for pesticide chemicals under section 408 of the Federal 
Food, Drug, and Cosmetic Act, 21 U.S.C. 346a. General commodities are 
listed in column A of 40 CFR 180.1(h), and the corresponding specific 
commodities, for which tolerances and exemptions from the requirement 
of a tolerance established for the general commodity apply, are listed 
in column B. The Interregional Research Project No. 4 (IR-4), New 
Jersey Agricultural Experiment Station, P.O. Box 231, Rutgers 
University, New Brunswick, NJ 08903, has requested that 40 CFR 180.1(h) 
be amended by revising the current interpretation for the general 
commodity term ``summer squash,'' which is listed in column A, by 
adding the specific commodity term ``chayote'' to column B. The revised 
column B would read as follows: ``Fruits of the gourd (Cucurbitaceae) 
family that are consumed when immature, 100% of the fruit is edible 
either cooked or raw, once picked it cannot be stored, has a soft rind 
which is easily penetrated, and if seeds were harvested they would not 
germinate; e.g., Cucurbita pepo (i.e, crookneck squash, straightneck 
squash, scallop squash, and vegetable marrow); Lagenaria spp. (i.e., 
spaghetti squash, hyotan, cucuzza); Luffa spp. (i.e., hechima, Chinese 
okra); Momordica spp. (i.e., bitter melon, balsam pear, balsam apple, 
Chinese cucumber); Sechium edule (chayote); and other cultivars and/or 
hybrids of these.''
    EPA has completed an evaluation of the proposed amendment and 
concludes that tolerances established for the raw agricultural 
commodity summer squash are adequate to cover pesticide residues in or 
on chayote fruit. Chayote is a member of the Cucurbitaceae family which 
includes squash, cucumbers, pumpkins, melons, and gourds. Chayote fruit 
is similar to summer squash, in that they are harvested at an immature 
stage. Like summer squash, the outside of the chayote fruit is hard 
while the inside is soft and pulpy. Cultural practices and pest 
problems associated with chayote production are also similar to those 
for summer squash production.
    Based on the above information, the Agency concludes that it is 
appropriate that the general commodity ``summer squash'' should be 
interpreted for tolerance purposes to include the corresponding 
specific commodity chayote fruit. Therefore, it is proposed that the 
changes to 40 CFR 180.1(h) be made as set forth below.
    Interested persons are invited to submit written comments on the 
proposed regulation. Comments must bear a notation indicating the 
document control number, [OPP-300382]. All written comments filed in 
response to this proposal will be available in the Public Response and 
Program Resources Branch, at the address given above from 8 a.m. to 4 
p.m., Monday through Friday, except legal holidays.
    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, EPA has determined 
that this rule is not ``significant'' and is therefore not subject to 
OMB review.
    Pursuant to the requirements of the Regulatory Flexibility Act 
(Pub. L. 96-354, 94 Stat. 1164, 5 U.S.C. 601-612), the Administrator 
has determined that regulations establishing new tolerances or raising 
tolerance levels or establishing exemptions from tolerance requirements 
do not have a significant economic impact on a substantial number of 
small entities. A certification statement to this effect was published 
in the Federal Register of May 4, 1981 (46 FR 24950).
    Although this regulation does not establish or raise a tolerance 
level or establish an exemption from the requirement of a tolerance, 
the impact of the regulation would be the same as establishing new 
tolerances or exemptions from the requirement of a tolerance. 
Therefore, the Administrator concludes that this rule would not have a 
significant economic impact on a substantial number of small entities.

List of Subjects in 40 CFR Part 180

    Environmental protection, Administrative practice and procedure, 
[[Page 20471]] Agricultural commodities, Pesticides and pests, 
Reporting and recordkeeping requirements.

    Dated: April 13, 1995.

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.

    2. In Sec. 180.1(h) by amending the table therein by revising the 
entry for summer squash, to read as follows:


Sec. 180.1   Definitions and interpretations.

* * * * *
    (h) *  *  *

------------------------------------------------------------------------
           A                                    B                       
------------------------------------------------------------------------
                                                                        
*                  *                  *                  *              
                  *                  *                  *               
Summer squash.........  Fruits of the gourd (Cucurbitaceae) family that 
                         are consumed when immature, 100% of the fruit  
                         is edible either cooked or raw, once picked it 
                         cannot be stored, has a soft rind which is     
                         easily penetrated, and if seeds were harvested 
                         they would not germinate; e.g., Cucurbita pepo 
                         (i.e, crookneck squash, straightneck squash,   
                         scallop squash, and vegetable marrow);         
                         Lagenaria, spp. (i.e., spaghetti squash,       
                         hyotan, cucuzza); Luffa spp. (i.e., hechima,   
                         Chinese okra); Momordica spp. (i.e., bitter    
                         melon, balsam pear, balsam apple, Chinese      
                         cucumber); Sechium edule (chayote); and other  
                         cultivars and/or hybrids of these.             
                                                                        
*                  *                  *                  *              
                  *                  *                  *               
------------------------------------------------------------------------

* * * * *

[FR Doc. 95-10253 Filed 4-25-95; 8:45 am]
BILLING CODE 6560-50-F

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