[Federal Register Volume 60, Number 158 (Wednesday, August 16, 1995)]
[Rules and Regulations]
[Pages 42447-42449]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-19797]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[OPP-300382A; FRL-4958-3]
RIN 2070-AB78
Summer Squash; Definitions and Interpretations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: This document amends 40 CFR 180.1(h) to expand EPA's
interpretation for the application of
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tolerances and exemptions from the requirement of a tolerance
established for pesticide chemicals in or on the raw agricultural
commodity summer squash to include chayote fruit. The amendment is
based, in part, on recommendations of the Interregional Research
Project No. 4 (IR-4).
EFFECTIVE DATE: This regulation becomes effective August 16, 1995.
FOR FURTHER INFORMATION CONTACT: By mail: Hoyt L. Jamerson,
Registration Division (7505W), Environmental Protection Agency, 401 M
St., SW., Washington, DC 20460. Office location and telephone number:
Sixth Floor, Crystal Station #1, 1800 Jefferson Davis Hwy., Arlington,
VA 22202, (703)-308-8783; e-mail: jamerson.hoyt@epamail.epa.gov.
SUPPLEMENTARY INFORMATION: In the Federal Register of April 26, 1995
(60 FR 20470), EPA issued a proposed rule that gave notice of a
proposed amendment to 40 CFR 180.1(h). 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 Brunswick, NJ 08903, had requested that 40
CFR 180.1(h) be amended by revising the current interpretation for the
general commodity term ``summer squash,'' which is listed in column A,
by adding the specific commodity term ``chayote'' to column B. The
Agency concluded that it is appropriate that the general commodity
``summer squash'' should be interpreted for tolerance purposes to
include the corresponding specific commodity chayote fruit.
There were no comments received in response to the proposed rule.
The data submitted with 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 expanded
definition and interpretation for summer squash to include chayote
fruit is appropriate. Therefore, the expanded definition is established
as set forth below.
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).
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: July 28, 1995.
Peter Caulkins,
Acting 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. 180.1(h), by amending the table therein by revising the
entry for summer squash, to read as follows:
Sec. 180.1 Definitions and interpretations.
* * * * *
(h) * * *
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A B
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* * * * *
Summer squash......... Fruits of the gourd (Cucurbitaceae) family that
are consumed when immature, 100% of the fruit
is edible either cooked or raw, once picked it
cannot be stored, has a soft rind which is
easily penetrated, and if seeds were harvested
they would not germinate; e.g., Cucurbita pepo
(i.e., crookneck squash, straightneck squash,
scallop squash, and vegetable marrow);
Lagenaria spp. (i.e., spaghetti squash, hyotan,
cucuzza); Luffa spp. (i.e., hechima, Chinese
okra); Momordica spp. (i.e., bitter melon,
balsam pear, balsam apple, Chinese cucumber);
Sechium edule (chayote); and other cultivars
and/or hybrids of these.
* * * * *
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[FR Doc. 95-19797 Filed 8-15-95; 8:45 am]
BILLING CODE 6560-50-F
