[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:
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Examples of Potentially
Categories NAICS Affected Entities
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Industry 111 Crop production
112 Animal production
311 Food manufacturing
32532 Pesticide manufacturing
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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