[Federal Register Volume 59, Number 38 (Friday, February 25, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-4379]
[[Page Unknown]]
[Federal Register: February 25, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[PP 4E4288 and PP 4E4289/R2038; FRL-4756-4]
RIN 2070-AB78
Pesticide Tolerances for Chlorpyrifos
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: This document revises tolerances for residues of the
insecticide chlorpyrifos in or on the raw agricultural commodities
pears, peaches, nectarines, and plums. The regulations to revise
maximum permissible levels for residues of chlorpyrifos were requested
in petitions submitted by DowElanco and are needed to cover maximum
expected residues in or on imported commodities.
EFFECTIVE DATE: This regulation becomes effective February 25, 1994.
ADDRESSES: Written objections and request for a hearing, identified by
document control number, [PP 4E4288 and PP 4E4289/R2038], may be
submitted to: Hearing Clerk (1900), Environmental Protection Agency,
Rm. 3708, 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: Dennis H. Edwards, Jr.,
Product Manager (PM) 19, Registration Division (7505C), Environmental
Protection Agency, 401 M St., SW., Washington, DC 20460. Office
location and telephone number: Rm. 207, CM #2, 1921 Jefferson Davis
Hwy., Arlington, VA 22202, (703)-305-6386.
SUPPLEMENTARY INFORMATION: EPA issued a proposed rule, published in the
Federal Register of December 28, 1993 (58 FR 68621), which announced
that DowElanco had submitted pesticide petitions (PP 4E4288 and PP
4E4289) to the Administrator under section 408(e) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 346a(e)) to amend 40 CFR 180.342 by
revising the tolerances for residues of the insecticide chlorpyrifos in
or on the raw agricultural commodities pears from 0.01 part per million
(ppm) to 0.05 ppm and peaches, nectarines, and plums from 0.01 ppm to
0.05 ppm. The revisions in the tolerances are needed because of
differing use patterns of chlorpyrifos in other parts of the world as
compared to the U.S.
The Agency reviewed preliminary residue data and concluded that
residues should not exceed the proposed tolerances. However, the Agency
has determined that additional residue data for imported pears, peaches
(data for peaches will suffice for nectarines), plums, and prunes (the
processed commodity of plums) must be submitted. Therefore, the Agency
is revising these tolerances with a 2-year expiration date, at which
time the tolerances will revert to the previous 0.01 ppm for the named
commodities. Once the required residue data are submitted and
determined to be adequate and upon request by DowElanco, the Agency
will take appropriate steps to make the tolerances permanent.
The available data do not support a change in the U.S. use pattern
for the crops listed above. If such a change is desired, additional
residue data generated in the U.S. must be submitted.
There was one comment received in response to the proposed rule.
The comment supported the proposed rule.
Therefore, based on the information considered by EPA and discussed
in detail in the December 28, 1993 proposal and in this final rule, the
Agency is hereby establishing the tolerance revisions in 40 CFR 180.342
for residues of chlorpyrifos in or on the following raw agricultural
commodities: nectarines, peaches, pears, and plums.
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 a request for a hearing with the Hearing
Clerk, at the address given above (40 CFR 178.20). 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 the hearing is requested,
the requestor's contentions must include a statement of factual
contentions on each issue 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 the 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, use
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: February 10, 1994.
Douglas D. Campt,
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. In Sec. 180.342, by amending paragraph (c) by removing the
entries in the table therein for nectarines, peaches, pears, and plums
and by adding new paragraph (e), to read as follows:
Sec. 180.342 Chlorpyrifos; tolerances for residues.
* * * * *
(e) Tolerances are established as follows for residues of the
insecticide chlorpyrifos [O,O-diethyl O-(3,5,6-trichloro-2-pyridyl)
phosphorothioate] in or on the following raw agricultural commodities:
------------------------------------------------------------------------
Parts per million
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Commodity Until Jan. After Jan.
28, 1996 28, 1996
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Nectarines.................................... 0.05 0.01
Peaches....................................... 0.05 0.01
Pears......................................... 0.05 0.01
Plums......................................... 0.05 0.01
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[FR Doc. 94-4379 Filed 2-24-94; 8:45 am]
BILLING CODE 6560-50-F