95-21513. Dimethoate; Pesticide Tolerance  

  • [Federal Register Volume 60, Number 168 (Wednesday, August 30, 1995)]
    [Rules and Regulations]
    [Pages 45064-45065]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 95-21513]
    
    
    
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    ENVIRONMENTAL PROTECTION AGENCY
    40 CFR Part 180
    
    [PP 4E4374/R2158; FRL-4968-3]
    RIN 2070-AB78
    
    
    Dimethoate; Pesticide Tolerance
    
    AGENCY: Environmental Protection Agency (EPA).
    
    ACTION: Final rule.
    
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    SUMMARY: This document establishes a tolerance for residues of the 
    insecticide dimethoate in or on the raw agricultural commodity 
    asparagus. The Interregional Research Project No. 4 (IR-4) requested 
    this regulation to establish a maximum permissible level for residues 
    of the insecticide in or on the commodity in a petition submitted 
    pursuant to the Federal Food, Drug and Cosmetic Act (FFDCA).
    
    EFFECTIVE DATE: This regulation becomes effective August 30, 1995.
    
    ADDRESSES: Written objections and hearing requests, identified by the 
    document control number, [PP 4E4374/R2158], may be submitted to: 
    Hearing Clerk (1900), Environmental Protection Agency, Rm. M3708, 401 M 
    St., SW., Washington, DC 20460. Fees accompanying objections and 
    hearing requests shall be labeled ``Tolerance Petition Fees'' and 
    forwarded to: EPA Headquarters Accounting Operations Branch, OPP 
    (Tolerance Fees), P.O. Box 360277M, Pittsburgh, PA 15251. 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.
        A copy of objections and hearing requests filed with the Hearing 
    Clerk may also be submitted electronically by sending electronic mail 
    (e-mail) to: opp-docket@epamail.epa.gov. Copies of objections and 
    hearing requests must be submitted as an ASCII file avoiding the use of 
    special characters and any form of encryption. Copies of objections and 
    hearing requests will also be accepted on disks in WordPerfect in 5.1 
    file format or ASCII file format. All copies of objections and hearing 
    requests in electronic form must be identified by the docket number [PP 
    4E4374/R2158]. No Confidential Business Information (CBI) should be 
    submitted through e-mail. Electronic copies of objections and hearing 
    requests on this rule may be filed online at many Federal Depository 
    Libraries. Additional information on electronic submissions can be 
    found below in this document.
    
    FOR FURTHER INFORMATION CONTACT: By mail: Hoyt L. Jamerson, Emergency 
    Response and Minor Use Section (7505W), Registration Division (7505C), 
    Environmental Protection Agency, 401 M St., SW., Washington, DC 20460. 
    Office location and telephone number: Rm. 259, 1921 Jefferson Davis 
    Hwy., Arlington, VA 22202, (703)-308-8783; e-mail: 
    jamerson.hoyt@epamail.epa.gov.
    
    SUPPLEMENTARY INFORMATION: In the Federal Register of July 5, 1995 (60 
    FR 34945), EPA issued a proposed rule that gave notice that the 
    Interregional Research Project No. 4 (IR-4), New Jersey Agricultural 
    Experiment Station, P.O. Box 231, Rutgers University, New Brunswick, NJ 
    08903, had submitted a pesticide petition, PP 4E4374, to EPA on behalf 
    of the Agricultural Experiment Stations of North Carolina and Oklahoma. 
    The petition requested that the Administrator, pursuant to section 
    408(e) of the Federal Food, Drug and Cosmetic Act (21 U.S.C. 346a(e)), 
    amend 40 CFR 180.204 to establish a tolerance for residues of the 
    pesticide dimethoate (O,O-dimethyl S-(N-methylcarbamoylmethyl) 
    phosphorodithioate) including its oxygen analog (O,O-dimethyl S-(N-
    methylcarbamoylmethyl) phosphorothioate) in or on the raw agricultural 
    commodity asparagus at 0.15 part per million (ppm). The petitioner 
    proposed that use of dimethoate on asparagus be geographically limited 
    to exclude California and Arizona based on the geographical 
    representation of the residue data submitted. Additional residue data 
    will be required to expand the area of usage. Persons seking 
    geographically broader registration should contact the Agency's 
    Registration Division at the address provided above.
    
        There were no comments or requests for referral to an advisory 
    committee 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 
    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 
    
    [[Page 45065]]
    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).
         A record has been established for this rulemaking under docket 
    number [PP 4E4374/R2158] (including any objections and hearing requests 
    submitted electronically as described below). A public version of this 
    record, including printed, paper versions of electronic comments, which 
    does not include any information claimed as CBI, is available for 
    inspection from 8 a.m. to 4:30 p.m., Monday through Friday, excluding 
    legal holidays. The public record is located in Room 1132 of the Public 
    Response and Program Resources Branch, Field Operations Division 
    (7506C), Office of Pesticide Programs, Environmental Protection Agency, 
    Crystal Mall #2, 1921 Jefferson Davis Highway, Arlington, VA.
        Written objections and hearing requests, identified by the document 
    control number [PP 4E4374/R2158], may be submitted to the Hearing Clerk 
    (1900), Environmental Protection Agency, Rm. 3708, 401 M St., SW., 
    Washington, DC 20460.
        A copy of electronic objections and hearing requests filed with the 
    Hearing Clerk can be sent directly to EPA at:
    
        opp-Docket@epamail.epa.gov
    
        A copy of electronic objections and hearing requests filed with the 
    Hearing Clerk must be submitted as an ASCII file avoiding the use of 
    special characters and any form of encryption.
        The official record for this rulemaking, as well as the public 
    version, as described above will be kept in paper form. Accordingly, 
    EPA will transfer any objections and hearing requests received 
    electronically into printed, paper form as they are received and will 
    place the paper copies in the official rulemaking record which will 
    also include all objections and hearing requests submitted directly in 
    writing. The official rulemaking record is the paper record maintained 
    at the address in ``ADDRESSES'' at the beginning of this document.
        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: August 18, 1995.
    
    Susan Lewis,
    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. 180.204, paragraph (b) is amended in the table therein 
    by adding and alphabetically inserting a new entry, to read as follows:
    
    
    Sec. 180.204 Dimethoate including its oxygen analog; tolerances for 
    residues.
    
    *      *      *      *      *
    
        (b) *  *  *  
    
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                                                                  Parts per 
                             Commodity                             million  
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    Asparagus..................................................         0.15
                                                                            
                      *        *        *        *        *                 
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    [FR Doc. 95-21513 Filed 8-29-95; 8:45 am]
    BILLING CODE 6560-50-F
    
    

Document Information

Effective Date:
8/30/1995
Published:
08/30/1995
Department:
Environmental Protection Agency
Entry Type:
Rule
Action:
Final rule.
Document Number:
95-21513
Dates:
This regulation becomes effective August 30, 1995.
Pages:
45064-45065 (2 pages)
Docket Numbers:
PP 4E4374/R2158, FRL-4968-3
RINs:
2070-AB78
PDF File:
95-21513.pdf
CFR: (1)
40 CFR 180.204