94-18913. Demeton; Revocation of Tolerances and Feed Additive Regulations  

  • [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: 94-18913]
    
    
    [[Page Unknown]]
    
    [Federal Register: August 3, 1994]
    
    
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    ENVIRONMENTAL PROTECTION AGENCY
    40 CFR Parts 180 and 186
    
    [OPP-300316A; FRL-4766-4]
    RIN 2070-AB78
    
     
    
    Demeton; Revocation of Tolerances and Feed Additive Regulations
    
    AGENCY: Environmental Protection Agency (EPA).
    
    ACTION: Final rule.
    
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    SUMMARY: This document revokes tolerance and feed additive regulations 
    listed in 40 CFR 180.105 and 186.1600 for residues of the insecticide 
    demeton in or on various raw agricultural commodities and in animal 
    feeds. EPA is initiating this action because registered uses of demeton 
    have been canceled.
    
    EFFECTIVE DATE: This regulation becomes effective on August 3, 1994.
    
    ADDRESSES: Written objections and requests for a hearing, identified by 
    the document control number, [OPP-300316A], 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 
    request 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: Melissa L. Chun, Registration 
    Support Branch (7505W), Office of Pesticide Programs, Environmental 
    Protection Agency, 401 M St., SW., Washington, DC 20460. Office 
    location and telephone number: 6th Floor, Westfield Building, 2800 
    Crystal Drive, Arlington, VA, (703)-308-8318.
    
    SUPPLEMENTARY INFORMATION: In the Federal Register of January 19, 1994 
    (59 FR 2800), EPA proposed to revoke tolerances and feed addtive 
    regulations established under sections 408 and 409 of the Federal Food, 
    Drug, and Cosmetic Act (FFDCA), 21 U.S.C. 346a and 348, respectively, 
    for residues of the insecticide demeton (a mixture of O,O-diethyl O 
    (and S)-2-(ethylthio)ethylphosphorothioates) in or on raw agricultural 
    commodities and animal feeds. EPA is initiating this action because all 
    registered uses of this chemical on raw agricultural commodities have 
    been canceled.
        By mid-October 1989, all product registrations under the Federal 
    Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended, for 
    the pesticide products containing the insecticide demeton were 
    canceled. Based on the fact that demeton is no longer domestically 
    registered for use on any food crops and a tolerance is generally not 
    necessary for a pesticide chemical which is not registered for the 
    particular food use, EPA now proposes to revoke the tolerances and feed 
    additive regulations for residues of demeton as listed in 40 CFR 
    180.105 and 40 CFR 186.1600. Since the product registrations were 
    canceled more than 3 years ago, residues should not appear in any 
    legally treated, domestically produced or imported commodities. These 
    tolerances were obtained in conjunction with the FIFRA registrations.
        The Agency is not recommending the establishment of action levels 
    in place of these tolerances and feed additive regulations because 
    sufficient time has elapsed in order for the residues to dissipate, and 
    EPA does not expect a residue problem due to environmental 
    contamination.
        There were no comments or requests for referral to an advisory 
    committee received in response to the proposed rule.
        The data relevant to 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 tolerance 
    revocations will protect the public health. Therefore, the tolerance 
    revocations are established as set forth below.
        Any person adversely affected by these regulations 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 Parts 180 and 186
    
        Environmental protection, Administrative practice and procedure, 
    Agricultural commodities, Food and feed additives, Pesticides and 
    pests, Reporting and recordkeeping requirements.
    
    Dated: July 25, 1994.
    
    Daniel M. Barolo,
    Director, Office of Pesticide Programs.
    
        Therefore, 40 CFR parts 180 and 186 are amended as follows:
    
    PART 180--[AMENDED]
    
        a. In part 180:
        1. The authority citation for part 180 continues to read as 
    follows:
    
        Authority: 21 U.S.C. 346a and 371.
    
    Sec. 180.105   [Removed]
    
        2. By removing Sec. 180.105 Demeton; tolerances for residues.
    
    PART 186--[AMENDED]
    
        2. In part 186:
        a. The authority citation for part 186 continues to read as 
    follows:
    
        Authority: 21 U.S.C. 348.
    
    Sec. 180.1600   [Removed]
    
        b. By removing Sec. 186.1600 Demeton.
    
    [FR Doc. 94-18913 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:
94-18913
Dates:
This regulation becomes effective on August 3, 1994.
Pages:
0-0 (1 pages)
Docket Numbers:
Federal Register: August 3, 1994, OPP-300316A, FRL-4766-4
RINs:
2070-AB78
CFR: (2)
40 CFR 180.105
40 CFR 180.1600