[Federal Register Volume 60, Number 57 (Friday, March 24, 1995)]
[Rules and Regulations]
[Pages 15488-15489]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-7451]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180

[PP 5F4427/R2118; FRL-4942-8]
RIN 2070-AB78


Chlorpyrifos; Pesticide Tolerance

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This document establishes a time-limited tolerance for 
residues of the insecticide chlorpyrifos [O,O-diethyl O-(3,5,6-
trichloro-2-pyridyl) phosphorothioate] in or on the raw agricultural 
commodities oats and barley when blended together in a mixture 
containing not more than 97% oats and not less than 3% barley. General 
Mills requested this regulation to establish the maximum permissible 
level for residues of the insecticide in or on the commodities.

EFFECTIVE DATE: This regulation becomes effective March 24, 1995.

ADDRESSES: Written objections, identified by the document control 
number, [PP 5F4427/R2118], may be submitted to: Hearing Clerk (1900), 
Environmental Protection Agency, Rm. M3708, 401 M St., SW., Washington, 
DC 20460. A copy of any objections and hearing requests filed with the 
Hearing Clerk should be identified by the document control number and 
submitted 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 copy of objections and hearing requests to: Rm. 1132, 
CM #2, 1921 Jefferson Davis Hwy., Arlington, VA 22202. Fees 
accompanying objections shall be labeled ``Tolerance Petition Fees'' 
and forwarded to: EPA Headquarters Accounting Operations Branch, OPP 
(Tolerance Fees), P.O. Box 360277M, Pittsburgh, PA 15251.

FOR FURTHER INFORMATION CONTACT: By mail: Dennis H. Edwards, Product 
Manager (PM) 19, Registration Division (7505C), Environmental 
Protection Agency, 401 M St., SW., Washington, DC 20460. Office 
location and telephone number: Rm. 207, 1921 Jefferson Davis Hwy., 
Arlington, VA 22202, (703)-305-6386; e-mail: 
Edwards.D<a href="/cdn-cgi/l/email-protection#b6d3d8d8dfc5f6d3c6d7dbd7dfda98d3c6d798d1d9c0"><span class="__cf_email__" data-cfemail="b1d4dfdfd8c2f1d4c1d0dcd0d8dd9fd4c1d09fd6dec7">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: In the Federal Register of February 8, 1995 
(60 FR 7509), EPA issued a proposed rule that gave notice that the 
General Mills Co. had submitted pesticide petition (PP) 5F4427 to EPA 
requesting that the Administrator, pursuant to section 408(e) of the 
Federal Food, Drug, and Cosmetic Act (FFDCA), 21 U.S.C. 346a, amend 40 
CFR 180.342 by establishing a tolerance for residues of the insecticide 
chlorpyrifos in or on the raw agricultural commodity oats at 15 ppm, 
provided that such tolerance applies only to oats that were treated 
post-harvest with chlorpyrifos on or before June 15, 1994; that such 
tolerance applies only to oats to be used as animal feed or as a 
constituent of animal feed; that, notwithstanding any other provision 
of law or regulation, this tolerance does not authorize the presence of 
residues of chlorpyrifos in any human food item made from such treated 
oats, other than residues resulting from the use of the oats for animal 
feed purposes; and that such tolerance expires on December 31, 1996.
    To ensure that the oats would be unacceptable for human food 
production, General Mills stated that they would be blended to include 
not less than 3% barley and 97% oats. Accordingly, the definition of 
the raw agricultural commodity in the petition was amended to ``oats 
and barley when blended together in a mixture containing 97% oats and 
3% barley.''
    There were two comments received in response to the proposed rule. 
General Mills requested that the tolerance expression be changed to 
specify a minimum barley content and a maximum oat content. EPA has 
determined that the purpose of the blending would continue to be served 
by this change and has no objection to the request. The definition of 
the raw agricultural commodity in the rule is amended to ``oats and 
barley when blended together in a mixture containing not more than 97% 
oats and not less than 3% barley.''
    The second comment was received from Michael A. Mentuck, president 
of Michael A. Mentuck & Associates, Inc., as an interested party and on 
behalf of one of the interested insurance companies to the 
circumstances of the petition. He suggested that there is the 
possibility that the oats containing chlorpyrifos would be acceptable 
in some foreign countries having appropriate tolerances that would 
allow the oats to be used as human food, and that the potential for 
export should be investigated. Alternatively, he suggested that the 
oats could be limited to use as animal feed in this country by spraying 
the oats with a dye, thus eliminating the additional expense of 
blending them with barley.
    EPA has decided not to modify the proposed tolerances as suggested 
by Mr. Mentuck because of enforcement concerns with his suggestions. As 
to his export proposal, EPA believes it would be difficult to ensure 
that the adulterated oats, while still in shipment in this country, 
would not be diverted to domestic, human food use. Blending the oats 
with barley is a straightforward and effective way of ensuring that the 
oats will not be used as human food.
    EPA has further concern about the use of a dye. Dyes are required 
for use on seed that is treated with a pesticide, the dye being an 
indicator that the seed is only to be used for growing crops, not for 
food or feed. To allow the use of a dye in the present situation could 
cloud the distinction between seed use and food or feed use. EPA has no 
supporting information that the dyed oats would be considered 
acceptable for feed use only and would not be used as human food.
    The data submitted on the proposal and other relevant material have 
been evaluated and discussed in the proposed rule. Based on the data 
and information considered, the Agency concludes that the tolerance 
will protect the public health. Therefore, the tolerance is established 
as set forth below. [[Page 15489]] 
    Any person adversely affected by this regulation may, within 30 
days after publication of this document in the Federal Register, file 
written objections and/or request a hearing with the Hearing Clerk, at 
the address given above (40 CFR 178.20). A copy of the objections and/
or hearing requests filed with the Hearing Clerk should be submitted to 
the OPP docket for this rulemaking. The objections submitted must 
specify the provisions of the regulation deemed objectionable and the 
grounds for the objections (40 CFR 178.25). Each objection must be 
accompanied by the fee prescribed by 40 CFR 180.33(i). If a hearing is 
requested, the objections must include a statement of the factual 
issue(s) on which a hearing is requested, the requestor's contentions 
on such issues, and a summary of any evidence relied upon by the 
objector (40 CFR 178.27). A request for a hearing will be granted if 
the Administrator determines that the material submitted shows the 
following: There is a genuine and substantial issue of fact; there is a 
reasonable possibility that available evidence identified by the 
requestor would, if established, resolve one or more of such issues in 
favor of the requestor, taking into account uncontested claims or facts 
to the contrary; and resolution of the factual issue(s) in the manner 
sought by the requestor would be adequate to justify the action 
requested (40 CFR 178.32).
    Under Executive Order 12866 (58 FR 51735, Oct. 4, 1993), the Agency 
must determine whether the regulatory action is ``significant'' and 
therefore subject to review by the Office of Management and Budget 
(OMB) and the requirements of the Executive Order. Under section 3(f), 
the order defines a ``significant regulatory action'' as an action that 
is likely to result in 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 referred to 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 the rights and obligations of recipients 
thereof; 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 the 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).

List of Subjects in 40 CFR Part 180

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

    Dated: March 16, 1995.

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

    Therefore, 40 CFR part 180 is 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. 180.342, by adding new paragraph (f), to read as 
follows:


Sec. 180.342 Chlorpyrifos; tolerances for residues.

* * * * *
    (f) A tolerance of 15 parts per million is established for residues 
of the pesticide chlorpyrifos [O,O-diethyl O-(3,5,6-trichloro-2-
pyridyl)phosphorothioate] in or on the raw agricultural commodities 
oats and barley when blended together as a mixture containing not more 
than 97% oats and not less than 3% barley.
    (1) Such tolerance applies only to oats that were treated post-
harvest with chlorpyrifos on or before June 15, 1994.
    (2) Such tolerance applies only to oats to be used as animal feed 
or as a constituent of animal feed.
    (3) Notwithstanding any other provision of law or regulation, this 
tolerance does not authorize the presence of residues of chlorpyrifos 
in any human food item made from such treated oats, other than residues 
resulting from the use of the oats for animal feed purposes.
    (4) Such tolerance expires on December 31, 1996.

[FR Doc. 95-7451 Filed 3-22-95; 12:28 pm]
BILLING CODE 6560-50-F

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