94-18912. Pesticide Tolerance for Cadusafos  

  • [Federal Register Volume 59, Number 148 (Wednesday, August 3, 1994)]
    [Unknown Section]
    [Page 0]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 94-18912]
    
    
    [[Page Unknown]]
    
    [Federal Register: August 3, 1994]
    
    
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    ENVIRONMENTAL PROTECTION AGENCY
    40 CFR Part 180
    
    [PP 6E3447/R2072; FRL-4900-6]
    RIN 2070-AB78
    
     
    
    Pesticide Tolerance for Cadusafos
    
    AGENCY: Environmental Protection Agency (EPA).
    
    ACTION: Final rule.
    
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    SUMMARY: This document establishes a permanent tolerance for residues 
    of the insecticide/nematicide cadusafos, O-ethyl S,S-di-sec-butyl 
    phosphorodithioate, in or on the raw agricultural commodity bananas. 
    This regulation to establish a maximum permissible level for residues 
    of the insecticide/nematicide in or on the commodity was requested in a 
    petition submitted by the FMC Corp.
    
    EFFECTIVE DATE: This regulation becomes effective on August 3, 1994.
    
    ADDRESSES: Written objections, identified by the document control 
    number, [PP 6E3447/R2072], may be submitted to: Hearing Clerk (1900), 
    Environmental Protection Agency, rm. M3708, 401 M St., SW., Washington, 
    DC 20460. A copy of any objections and hearing requests filed with the 
    Hearing Clerk should be identified by the document control number and 
    submitted 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 copy of objections and hearing requests to: rm. 1132, 
    CM #2, 1921 Jefferson Davis Hwy., Arlington, VA 22202. Fees 
    accompanying objections shall be labeled ``Tolerance Petition Fees'' 
    and forwarded to: EPA Headquarters Accounting Operations Branch, OPP 
    (Tolerance Fees), P.O. Box 360277M, Pittsburgh, PA 15251.
    
    FOR FURTHER INFORMATION CONTACT: By mail: Robert A. Forrest, Product 
    Manager (PM) 14, Registration Division (7505C), Environmental 
    Protection Agency, 401 M St., SW., Washington, DC 20460. Office 
    location and telephone number: rm. 219, 1921 Jefferson Davis Hwy., 
    Arlington, VA 22202, (703)-305-6600.
    
    SUPPLEMENTARY INFORMATION: In the Federal Register of May 10, 1994 (59 
    FR 24101), EPA issued a proposed rule that gave notice that the FMC 
    Corp., Agricultural Chemicals Group, 200 Market St., Philadelphia, PA 
    19103, had submitted confirmatory usage data and had requested that 
    EPA, pursuant to section 408(e) of the Federal Food, Drug, and Cosmetic 
    Act (21 U.S.C. 346a(e)), propose the establishment of a permanent 
    tolerance for residues of the nematicide/insecticide cadusafos in or on 
    the RAC bananas at 0.01 part per million (ppm).
        There were no comments or requests for referral to an advisory 
    committee received in response to the proposed rule.
        The data submitted on 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 permanent 
    tolerance will protect the public health. Therefore, the tolerance is 
    established as set forth below.
        Any person adversely affected by this regulation may, within 30 
    days after publication of this document in the Federal Register, file 
    written objections and/or request a hearing with the Hearing Clerk, at 
    the address given above (40 CFR 178.20). A copy of the objections and/
    or hearing requests filed with the Hearing Clerk should be submitted to 
    the OPP docket for this rulemaking. The objections submitted must 
    specify the provisions of the regulation deemed objectionable and the 
    grounds for the objections (40 CFR 178.25). Each objection must be 
    accompanied by the fee prescribed by 40 CFR 180.33(i). If a hearing is 
    requested, the objections must include a statement of the factual 
    issue(s) on which a hearing is requested, the requestor's contentions 
    on such issues, and a summary of any evidence relied upon by the 
    objector (40 CFR 178.27). A request for a hearing will be granted if 
    the Administrator determines that the material submitted shows the 
    following: There is a genuine and substantial issue of fact; there is a 
    reasonable possibility that available evidence identified by the 
    requestor would, if established, resolve one or more of such issues in 
    favor of the requestor, taking into account uncontested claims or facts 
    to the contrary; and resolution of the factual issue(s) in the manner 
    sought by the requestor would be adequate to justify the action 
    requested (40 CFR 178.32).
        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).
    
    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 19, 1994.
    
    Daniel M. Barolo,
    Director, 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. By revising Sec. 180.461, to read as follows:
    
    
    Sec. 180.461 Cadusafos; tolerances for residues.
    
        A tolerance is established for the residues of the nematicide/
    insecticide cadusafos, O-ethyl S,S-di-sec-butyl phosphorodithioate, in 
    or on the following raw agricultural commodity:
    
    ------------------------------------------------------------------------
                                                                  Parts per 
                             Commodity                             million  
    ------------------------------------------------------------------------
    Bananas....................................................         0.01
    ------------------------------------------------------------------------
    
    There are no U.S. registrations as of May 10, 1994, for the nematicide/
    insecticid cadusafos.
    
    [FR Doc. 94-18912 Filed 8-2-94; 8:45 am]
    BILLING CODE 6560-50-F
    
    
    

Document Information

Effective Date:
8/3/1994
Published:
08/03/1994
Department:
Environmental Protection Agency
Entry Type:
Uncategorized Document
Action:
Final rule.
Document Number:
94-18912
Dates:
This regulation becomes effective on August 3, 1994.
Pages:
0-0 (1 pages)
Docket Numbers:
Federal Register: August 3, 1994, PP 6E3447/R2072, FRL-4900-6
RINs:
2070-AB78
CFR: (1)
40 CFR 180.461