[Federal Register Volume 59, Number 114 (Wednesday, June 15, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-14421]
[[Page Unknown]]
[Federal Register: June 15, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[OPP-300339/FRL-4780-6]
RIN No. 2070-AC18
Definitions and Interpretations; Oriental Radish
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: This document proposes that 40 CFR 180.1(h) be amended to add
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 oriental radish. The proposed
amendment to 40 CFR 180.1(h) is based, in part, on recommendations of
the Interregional Research Project No. 4 (IR-4).
DATES: Comments, identified by the document control number [OPP-
300339], must be received on or before July 15, 1994.
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 notice 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, Emergency
Response and Minor Use Section (7505W), Registration Division,
Environmental Protection Agency, 401 M St., SW., Washington, DC 20460.
Office location and telephone number: Sixth Floor, Crystal Station #1,
2800 Jefferson Davis Hwy., Arlington, VA 22202, (703)-308-8783.
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 to add the commodity term ``oriental radish (root and
tops)'' to the general category of commodities in column A and to add
the corresponding specific commodities ``Raphanus sativus var.
longipinnatus (root and tops), including Chinese or Japanese radish
(both white and red), winter radish, daikon, lobok, lo pak, and other
cultivars and/or hybrids of these'' to column B.
The amendment is being requested to establish a commodity
definition for oriental radishes for tolerance-setting purposes and to
identify the specific commodities which comprise the general category
of oriental radishes. In February 1990, in response to a request from
the Hawaii Department of Agriculture for EPA to establish a commodity
definition for radish to include Japanese and other oriental radishes,
the Agency determined that tolerances set for the common radish will
not apply to oriental radishes but that it would be appropriate to add
a general commodity definition for ``oriental radish'' for tolerance
purposes to cover the wide variety of forms and cultivars which
constitute oriental radishes.
The crop group regulations in 40 CFR 180.34(f) enable the
establishment of tolerances for a group of related crops. Once the crop
group tolerance is established, the tolerance level applies to all raw
agricultural commodities within the group, unless a crop is
specifically excluded. Currently, Japanese radish (daikon) is included
in the Root and Tuber Vegetables group (40 CFR 180.34(f)(9)(i)) and in
the Leaves of Root and Tuber Vegetables group (40 CFR
180.34(f)(9)(ii)), but is not covered by individual tolerances for
radishes. If this proposed action to amend 40 CFR 180.1(h) is
finalized, EPA will initiate revisions to 40 CFR 180.34(f)(9)(i) and
(ii) and to any existing tolerance regulations for Chinese or Japanese
radishes to reflect the change in nomenclature to ``oriental radish.''
EPA has completed an evaluation of the proposed amendment and
concludes that pesticide residues in the various cultivars of Raphanus
sativus var. longipinnatus are expected to be similar when equal
amounts of pesticide are applied for control of a common pest. Radishes
are generally affected by the same pest and disease problems as other
members of the mustard (Cruciferae) family, such as the cabbages. The
major insect pest of radishes is root maggots that attack the roots.
All radishes are forms and species of the genus Raphanus and
members of the Cruciferae family. Radishes are cool season crops grown
as annuals. Seeds are planted in the fall, and the roots enlarge in the
cool months.
Most oriental radishes have roots weighing between 3 and 5 pounds;
however, Japanese radishes may produce large roots up to 40 to 50
pounds, and their leafy tops can spread to more than 2 feet. They also
require a longer growing season (50 to 60 days) than the common radish.
Chinese radish roots can weigh up to 100 pounds, but most are 10 to
20 pounds at maturity, and in Florida the average is 20 pounds. Other
oriental radishes have an average weight of 1 to 2-1/2 pounds. Roots
range in length from 18 to 24 inches and vary in shape from round to
elongated and cylindrical. Colors include white, pink, red, purple,
black, and occasionally dark brown.
Cultivars of radishes are classified into three types, depending on
the number of days it takes the root to mature: (1) spring cultivars,
ready to harvest in 20 to 30 days; (2) summer cultivars, ready to
harvest in 35 to 40 days; and (3) winter cultivars, ready to harvest in
50 to 60 days and as high as 90 days.
Oriental radishes are usually available all year, mostly from
Hawaii and California, with smaller amounts from Florida. The fall and
winter roots are milder than the spring and summer radish production
which are more pungent. The oriental radishes are eaten fresh (raw) or
pickled like cucumbers or grated, chopped, or sliced for use in stir-
fry or sushi dishes. Leaves are used like turnip tops as a salad or
soup green.
At present, the most common type of oriental radish planted in the
U.S. is the daikon or Japanese radish. There are presently many
cultivars, plus several new and improved cultivars and hybrids being
developed for increased disease resistance, earlier production, and
better winter hardiness that will give the grower several options to
respond to consumer demand.
Based on the above information, the Agency concludes that it is
appropriate that the general commodity ``oriental radish (root and
tops)'' should be interpreted for tolerance purposes to include the
corresponding specific commodities ``Raphanus sativus var.
longipinnatus (root and tops), including Chinese or Japanese radish
(both white and red), winter radish, daikon, lobok, lo pak, and other
cultivars and/or hybrids of these.'' 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-300339]. 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.
The Office of Management and Budget has exempted this rule from the
requirements of section 3 of Executive Order 12866.
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,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.
Dated: May 31, 1994.
Stephanie R. Irene,
Acting 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. Section 180.1(h) is amended by adding and alphabetically
inserting the general commodity ``oriental radish (root and tops)'' in
column ``A'' and the corresponding specific commodities ``Raphanus
sativus var. longipinnatus (root and tops), including Chinese or
Japanese radish (both white and red), winter radish, daikon, lobok, lo
pak, and other cultivars and/or hybrids of these'' in column ``B'' to
read as follows:
Sec. 180.1 Definitions and interpretations.
* * * * *
(h) * * *
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A B
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* * * * * * *
Oriental radish (root Raphanus sativus var. longipinnatus (root and
and tops). tops), including Chinese or Japanese radish
(both white and red), winter radish, daikon,
lobok, lo pak, and other cultivars and/or
hybrids of these.
* * * * * * *
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* * * * *
[FR Doc. 94-14421 Filed 6-14-94; 8:45 am]
BILLING CODE 6560-50-F
