Federal Register / Vol. 61, No. 104 / Wednesday, May 29, 1996 / Proposed Rules 26861

[FR Doc. 96–13441 Filed 5–28–96; 8:45 am]

BILLING CODE 6560–50–F

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.

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

docket@epamail.epa.gov. 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; email: beeder.owen@epamail.epa.gov.

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: § 180.102 (sesone),

§ 180.124 (glyodin), § 180.130 (hydrogen

cyanide), § 180.150 (dalapon), § 180.161

(manganous dimethyldithiocarbamate

(manam)), § 180.230 (diphenamid),

§ 180.244 (basic zinc sulfate), § 180.250

(metobromuron), § 180.302

(hexachlorophene), § 180.325 2-(mChlorophenoxy) propionic acid

(metachlorphenprop), § 180.344 (4,6-

dinitro-o-cresol) (DNOC), and its

sodium salt, § 180.363 (fluchloralin),

§ 185.2900 (ethyl formate), § 185.1500

(dalapon), and § 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
26862 Federal Register / Vol. 61, No. 104 / Wednesday, May 29, 1996 / Proposed Rules

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 [OPP300408] (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 Docket@epamail.epa.gov

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.

§ 180.102 [Removed]

b. By removing § 180.102 Sesone;

tolerances for residues.

c. By revising § 180.124 Glyodin;

tolerances for residues to read as

follows.

§ 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-heptadecyl2-imidazoline acetate or 2-heptadecyl-2-

imidazoline (base) in or on the

following raw agricultural commodities:

apples, cherries, peaches, and pears.

§ 180.130 [Removed]

d. By removing § 180.130 Hydrogen

cyanide; tolerances for residues.

e. By revising § 180.150 Dalapon;

tolerances for residues to read as

follows.

§ 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:

Commodity Parts per

million

Almonds .................................... 10

Almonds, hulls .......................... 50

Apples ....................................... 3

Apricots ..................................... 1

Asparagus ................................. 30
Federal Register / Vol. 61, No. 104 / Wednesday, May 29, 1996 / Proposed Rules 26863

Commodity Parts per

million

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 sodiummagnesium 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.

Commodity Parts per

million

Avocados .................................. 0.2

Citrus fruits ................................ 0.2

Cottonseed ................................ 0.2

Commodity Parts per

million

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

§ 180.161 [Removed]

f. By removing § 180.161 Manganous

dimethyldithio-carbamate; tolerances

for residues.

g. By revising § 180.230 Diphenamid;

tolerances for residues to read as

follows.

§ 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,-dimethyl2,2-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.

§ 180.244 [Removed]

h. By removing § 180.244 Basic zinc

sulfate; tolerances for residues.

§ 180.250 [Removed]

i. By removing § 180.250

Metobromuron; tolerances for residues.

§ 180.325 [Removed]

j. By removing § 180.325 2-(mChlorophenoxy) propionic acid;

tolerances for residues.

k. By revising § 180.344 4,6-Dinitro-ocresol and its sodium salt; tolerance for

residues to read as follows.

§ 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-ocresol (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.

§ 180.363 [Removed]

l. By removing § 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 § 185.1500 Dalapon;

tolerances for residues to read as

follows.

§ 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 sodiummagnesium salt mixtures to irrigation

ditch banks in the western United

States.

§ 185.2900 [Removed]

c. By removing § 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 § 186.1500 Dalapon;

tolerances for residues to read as

follows:

§ 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 sodiummagnesium salt mixtures during the

growing of citrus fruit.

[FR Doc. 96–13442 Filed 5–28–96; 8:45 am]

BILLING CODE 6560–50–F