99-28488. Propargite; Partial Stay of Order Revoking Certain Tolerances  

  • [Federal Register Volume 64, Number 210 (Monday, November 1, 1999)]
    [Rules and Regulations]
    [Pages 58792-58793]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 99-28488]
    
    
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    ENVIRONMENTAL PROTECTION AGENCY
    
    40 CFR Part 180
    
    [OPP-300891A; FRL-6390-4]
    RIN 2070-AB78
    
    
    Propargite; Partial Stay of Order Revoking Certain Tolerances
    
     AGENCY: Environmental Protection Agency (EPA).
     ACTION: Partial stay of final rule.
    SUMMARY: EPA is staying the revocation of tolerances for propargite on 
    apples; and plums (fresh prunes) and is reinstating the tolerances for 
    those commodities existing on October 18, 1999 until November 18, 1999. 
    A final rule, subject to objections, revoking the tolerances for 
    apples; and plums (fresh prunes) was published in the Federal Register 
    on July 21, 1999 (64 FR 39068) (FRL-6089-7). EPA received an objection 
    to the July 21, 1999 rule, which requested that the Agency modify the 
    October 19, 1999 effective date for the final rule as it applied to the 
    removal of the commodities apples; and plums (fresh prunes). EPA is 
    staying the removal of the tolerances for apples, and plums (fresh 
    prunes) effective from October 19, 1999 until November 18, 1999 in 
    order to determine whether to grant the request for modification and if 
    so, for what length of time. Revocations for the remaining tolerances 
    in Sec. 180.259 for apricots; beans, succulent; cranberries; figs; 
    peaches; pears; and strawberries, subject to the July 21, 1999 rule 
    remain effective October 19, 1999.
    DATES: The reinstatement amendments are effective from October 19, 1999 
    until November 18, 1999.
    FOR FURTHER INFORMATION CONTACT:  For technical information contact: 
    Joseph Nevola, Special Review Branch, (7508C), Special Review and 
    Reregistration Division, Office of Pesticide Programs, U.S. 
    Environmental Protection Agency, 401 M St., SW., Washington, DC 20460. 
    Office location: Special Review Branch, CM#2, 6th floor, 1921 Jefferson 
    Davis Hwy., Arlington, VA. Telephone: (703) 308-8037; e-mail: 
    nevola.joseph@epa.gov.
    SUPPLEMENTARY INFORMATION: 
    
    [[Page 58793]]
    
     I. General Information
    
    A. Does this Action Apply to Me?
    
        You may be potentially affected by this action if you are an 
    agricultural producer, food manufacturer or pesticide manufacturer. 
    Potentially affected categories and entities may include, but are not 
    limited to:
    
    ------------------------------------------------------------------------
                                                     Examples of Potentially
                  Categories                NAICS       Affected Entities
    ------------------------------------------------------------------------
    Industry                                   111  Crop production
                                               112  Animal production
                                               311  Food manufacturing
                                             32532  Pesticide manufacturing
    ------------------------------------------------------------------------
    
        This listing is not exhaustive, but is a guide to entities likely 
    to be regulated by this action. The North American Industrial 
    Classification System (NAICS) codes will assist you in determining 
    whether this action applies to you. If you have questions regarding the 
    applicability of this action to a particular entity, consult the person 
    listed in the ``FOR FURTHER INFORMATION CONTACT'' section.
    
    B. How Can I Get Additional Information, Including Copies of this 
    Document and Other Related Documents?
    
        1. Electronically. You may obtain electronic copies of this 
    document, and certain other related documents that might be available 
    electronically, from the EPA Internet Home Page at http://www.epa.gov/. 
    To access this document, on the Home Page select ``Laws and 
    Regulations'' and then look up the entry for this document under the 
    ``Federal Register--Environmental Documents.'' You can also go directly 
    to the Federal Register listings at http://www.epa.gov/fedrgstr/.
        2. In person. The Agency has established an official record for 
    this action under docket control number OPP-300891A. The official 
    record consists of the documents specifically referenced in this 
    action, any public comments received during an applicable comment 
    period, and other information related to this action, including any 
    information claimed as Confidential Business Information (CBI). This 
    official record includes the documents that are physically located in 
    the docket, as well as the documents that are referenced in those 
    documents. The public version of the official record does not include 
    any information claimed as CBI. The public version of the official 
    record, which includes printed, paper versions of any electronic 
    comments submitted during an applicable comment period, is available 
    for inspection in the Public Information and Records Integrity Branch 
    (PIRIB), Rm. 119, Crystal Mall #2, 1921 Jefferson Davis Hwy., 
    Arlington, VA, from 8:30 a.m. to 4 p.m., Monday through Friday, 
    excluding legal holidays. The PIRIB telephone number is (703) 305-5805.
    
     II. What Action is the Agency Taking?
    
         In the Federal Register of July 21, 1999 (64 FR 39068), EPA issued 
    an order by final rule revoking tolerances in Sec. 180.259 for the use 
    of propargite on apples; apricots; beans, succulent; cranberries; figs; 
    peaches; pears; plums (fresh prunes); and strawberries. EPA revoked the 
    tolerances on the grounds that previous cancellation of the underlying 
    uses for propargite rendered the tolerances unnecessary. In the final 
    rule, EPA set an effective date of October 19, 1999 for the 
    revocations.
        Any person adversely affected by the July 21, 1999 Order was 
    allowed 60 days to file written objections to the order and a written 
    request for an evidentiary hearing on the objections.
        EPA received an objection from Uniroyal Chemical Company requesting 
    EPA to modify the effective date of revocation for propargite on 
    apples; and plums (fresh prunes). Uniroyal also requested an 
    evidentiary hearing.
        By this document, in Sec. 180.259(a)(1), EPA is staying the removal 
    of the tolerances for apples; and plums (fresh prunes) from October 19, 
    1999 until November 18, 1999 in order to allow EPA to determine whether 
    to grant the request for modification and if so, for what length of 
    time. The addition of the entries for hops, dried; and tea, dried into 
    the table under paragraph (a)(2) is not affected by this stay. 
    Revocations for the remaining tolerances, apricots; beans, succulent; 
    cranberries; figs; peaches; pears; and strawberries, subject to the 
    July 21, 1999 rule remain effective October 19, 1999.
    
    List of Subjects in 40 CFR Part 180
    
        Environmental protection, Administrative practice and procedure, 
    Agricultural commodities, Pesticides and pests, Reporting and 
    recordkeeping requirements.
    
        Dated: October 19, 1999.
    
    Lois Rossi,
    
    Director, Special Review and Reregistration Division, Office of 
    Pesticide Programs.
        Therefore, 40 CFR part 180 is amended to read 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. 321(q), 346a and 371.
    
        b. In Sec. 180.259, the table to paragraph (a)(1) is amended, 
    effective from October 19, 1999 until November 18, 1999, by reinstating 
    the entries for ``apples'' and ``plums (fresh prunes),'' to read as 
    follows:
    
    
    Sec. 180.259  Propargite; tolerances for residues.
    
        (a) General. (1) *  *  *
    
    ------------------------------------------------------------------------
                                                                  Parts per
                             Commodity                             million
    ------------------------------------------------------------------------
                          *      *      *      *      *
    Apples.....................................................            3
                          *      *      *      *      *
    Plums (fresh prunes).......................................            7
                          *      *      *      *      *
    ------------------------------------------------------------------------
    
    *  *  *  *  *
    
    [FR Doc. 99-28488 Filed 10-27-99; 3:01 pm]
    BILLING CODE 6560-50-F
    
    
    

Document Information

Effective Date:
10/19/1999
Published:
11/01/1999
Department:
Environmental Protection Agency
Entry Type:
Rule
Action:
Partial stay of final rule.
Document Number:
99-28488
Dates:
The reinstatement amendments are effective from October 19, 1999 until November 18, 1999.
Pages:
58792-58793 (2 pages)
Docket Numbers:
OPP-300891A, FRL-6390-4
RINs:
2070-AB78
PDF File:
99-28488.pdf
CFR: (1)
40 CFR 180.259