[Federal Register Volume 59, Number 189 (Friday, September 30, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-24249]
[[Page Unknown]]
[Federal Register: September 30, 1994]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 180, 185, and 186
[PP 7F3500, 8F3592, FAP 8H5650/R2080; FRL-4908-5]
RIN 2070-AB78
Pesticide Tolerances for Avermectin B1 and its Delta-8,9-
Isomer; Renewal of Time-Limited Tolerances
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This document renews time-limited tolerances for residues of
the insecticide avermectin B1 and its delta-8,9-isomer in or on
certain raw agricultural commodities and food and feed commodities.
Merck & Co., Inc., requested this regulation to renew tolerances for
maximum permissible levels of residues of the insecticide in or on the
commodities.
EFFECTIVE DATE: This regulation becomes effective September 30, 1994.
ADDRESSES: Written objections and hearing requests, identified by the
document control number, [PP 7F3500, 8F3592, FAP 8H5650/R2080], 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: George T. LaRocca, Product
Manager (PM) 13, Registration Division (7505C), Environmental
Protection Agency, 401 M St., SW., Washington, DC 20460. Office
location and telephone number: Rm. 202, 1921 Jefferson Davis Hwy.,
Arlington, VA 22202, (703)-305-6100.
SUPPLEMENTARY INFORMATION: In the Federal Register of August 3, 1994
(59 FR 39505), EPA issued proposed rules to renew time-limited
tolerances, to expire on April 30, 1996, for the insecticide avermectin
B1 and its delta 8,9-isomer in or on various raw agricultural
commodities under 40 CFR 180.449, food commodities under 40 CFR
185.300, and feed commodities under 40 CFR 186.300 to be consistent
with conditional registrations granted to Merck & Co., Inc., for the
insecticide.
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 time-limited
tolerances will protect the public health. Therefore, the time-limited
tolerances are 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 Parts 180, 185, and 186
Environmental protection, Administrative practice and procedure,
Agricultural commodities, Food additives, Feed additives, Pesticides
and pests, Reporting and recordkeeping requirements.
Dated: September 21, 1994.
Stephen L. Johnson,
Director, Registration Division, Office of Pesticide Programs.
Therefore, chapter I of title 40 of the Code of Federal Regulations
is amended as follows:
PART 180--[AMENDED]
1. In part 180:
a. The authority citation for part 180 continues to read as
follows:
Authority: 21 U.S.C. 346a and 371.
b. In Sec. 180.449, by revising paragraph (a), to read as follows:
Sec. 180.449 Avermectin B1 and its delta-8,9-isomer; tolerances
for residues.
(a) Tolerances, to expire on April 30, 1996, are established for
the combined residues of the insecticide avermectin B1 and its
delta-8,9-isomer (a mixture of avermectins containing 80
percent avermectin B1a (5-O-demethyl avermectin B1a) and < 20="" percent="" avermectin="">1a (5-O-demethyl-25-di (1-methylpropyl)-25-
1(1-methylethyl) avermectin A 1a) in or on the following
commodities:
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Citrus, whole fruit........................................ 0.02
Cattle, meat............................................... 0.02
Cattle, mbyp............................................... 0.02
Cottonseed................................................. 0.005
Milk....................................................... 0.005
------------------------------------------------------------------------
* * * * *
PART 185--[AMENDED]
2. In part 185:
a. The authority citation for part 185 continues to read as
follows:
Authority: 21 U.S.C. 346a and 371.
b. By revising Sec. 185.300, to read as follows:
Sec. 185.300 Avermectin B1 and its delta-8,9-isomer; tolerances
for residues.
Tolerances, to expire on April 30, 1996, are established for the
combined residues of the insecticide avermectin B1 and its delta-
8,9-isomer (a mixture of avermectins containing 80 percent
avermectin B1a (5-O-demethyl avermectin B1a) and < 20="" percent="" avermectin="">1a (5-O-demethyl-25-di (1-methylpropyl)-25-1(1-
methylethyl) avermectin A 1a) in or on the following commodity:
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Citrus oil................................................. 0.10
------------------------------------------------------------------------
PART 186--[AMENDED]
3. In part 186:
a. The authority citation for part 186 continues to read as
follows:
Authority: 21 U.S.C. 348.
b. In Sec. 186.300, by revising paragraph (a) to read as follows:
Sec. 186.300 Avermectin B1 and its delta-8,9-isomer; tolerances
for residues.
(a) Tolerances, to expire on April 30, 1996, are established for
the combined residues of the insecticide avermectin B1 and its
delta-8,9-isomer (a mixture of avermectins containing 80
percent avermectin B1a (5-O-demethyl avermectin B1a) and < 20="" percent="" avermectin="">1a (5-O-demethyl-25-di (1-methylpropyl)-25-
1(1-methylethyl) avermectin A 1a) in or on the following
commodity:
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Dried citrus pulp.......................................... 0.10
------------------------------------------------------------------------
* * * * *
[FR Doc. 94-24249 Filed 9-29-94; 8:45 am]
BILLING CODE 6560-50-F
