20470 Federal Register / Vol. 60, No. 80 / Wednesday, April 26, 1995 / Proposed Rules

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.

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 (IR4).

DATES: Comments, identified by the

document control number [OPP300382], 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; email: Jamerson.Hoyt@epamail.epa.gov.

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,
Federal Register / Vol. 60, No. 80 / Wednesday, April 26, 1995 / Proposed Rules 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 § 180.1(h) by amending the table

therein by revising the entry for summer

squash, to read as follows:

§ 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

40 CFR Part 180

[PP 3E4249/P613; FRL–4949–2]

RIN 2070–AC18

Fenarimol; Pesticide Tolerance

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: EPA proposes to establish a

tolerance for the combined residues of

the fungicide fenarimol in or on the

imported raw agricultural commodity

bananas at 0.5 part per million (ppm).

Not more than 0.25 ppm shall be

present in the pulp after the peel is

removed. DowElanco petitioned for this

regulation to establish a maximum

permissible level for combined residues

of the fungicide.

DATES: Comments, identified by the

document control number [PP 3E4249/

P613], 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

a copy of the 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: Connie B. Welch, Product

Manager (PM) 21, Registration Division

(7505C), Office of Pesticide Programs,

Environmental Protection Agency, 401

M St., SW., Washington, DC 20460.

Office location and telephone number:

Rm. 227, CM #2, 1921 Jefferson Davis

Hwy., Arlington, VA 22202, (703)-305-

6900; e-mail:

welch.connie@epamail.epa.gov.

SUPPLEMENTARY INFORMATION: EPA is

proposing to establish an import

tolerance for the combined residues of

the fungicide fenarimol, [alpha-(2-

chlorophenyl)-alpha-(4-chlorophenyl)-

5-pyrimidinemethanol] and its

metabolites [alpha-(2-chlorophenyl)-

alpha-(4-chlorophenyl)-1,4-dihydro-5-

pyrimidinemethanol and 5-(2-

chlorophenyl)-(4-chlorophenyl)methyl]-

3,4-dihydro-4-pyrimidinol measured as

the total of fenarimol and 5-[(2-

chlorophenyl)-(4-

chlorophenyl)methyl]pyrimidine

(calculated as fenarimol)], in or on the

raw agricultural commodity bananas at

0.5 part per million (ppm). Not more

than 0.25 ppm shall be present in the

pulp after the peel is removed. The

proposed regulation to establish a

maximum permissible level of the

fungicide pursuant to section 408(e) of

the Federal Food, Drug, and Cosmetic

Act (FFDCA), 21 U.S.C. 346a, by

amending 40 CFR 180.421 to include

this commodity was requested in a

pesticide petition, PP 3E4249, submitted

by DowElanco, 9002 Purdue Rd.,

Indianapolis, IN 46268-1189. The

scientific data submitted in the petition

and other relevant material have been

evaluated. The toxicological data

considered in support of the proposed

tolerance include the following:

1. A 1-year dog-feeding study using

doses of 0, 1.25, 12.5, and 125

milligrams/kilogram (mg/kg) body

weight (bwt)/day. The no-observedeffects level (NOEL) is 12.5 mg/kg bwt/

day. The 125 mg/kg bwt/day dose level

caused increased serum alkaline

phosphatase, increased liver weights,

increased p-nitroanisole o-demethylase

activity, and mild hepatic bile stasis.

2. An initial 2-year chronic feeding/

oncogenicity study in rats using dietary

concentrations of 0, 50, 130, and 350

ppm (equivalent to doses of 0, 2.5, 6.5,

and 17.5 mg/kg bwt/day). In a Federal

Register document published in the

issue of March 5, 1986 (51 FR 7567), the

Agency indicated fenarimol to be

oncogenic. In that document, the

Agency’s initial conclusion that

fenarimol was oncogenic was based on

a finding in the 2-year rat study of a

statistically significant increase in

hepatic lesions (adenomas and