[Federal Register Volume 59, Number 100 (Wednesday, May 25, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-12692]
[[Page Unknown]]
[Federal Register: May 25, 1994]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[PP 0E3921/R2049; FRL-4769-3]
RIN 2070-AB78
Pesticide Tolerance for Bifenthrin
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: This document establishes a tolerance for residues of the
pesticide bifenthrin in or on the raw agricultural commodity dried
hops. The regulation to establish a maximum permissible level for
residues of the pesticide was requested in a petition submitted by the
Interregional Research Project No. 4 (IR-4). This time-limited
tolerance expires on November 14, 1994.
EFFECTIVE DATE: This regulation becomes effective May 25, 1994.
ADDRESSES: Written objections, identified by the document control
number, [PP 0E3921/R2049], 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: Hoyt L. Jamerson,
Registration Division (7505W), Office of Pesticide Programs,
Environmental Protection Agency, 401 M St., SW., Washington, DC 20460.
Office location and telephone number: 6th Floor, Crystal Station #1,
2800 Jefferson Davis Hwy., Arlington, VA 22202, (703)-308-8783.
SUPPLEMENTARY INFORMATION: In the Federal Register of February 25, 1994
(59 FR 9167), 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 pesticide petition (PP) 0E3921, as amended, to EPA
on behalf of the Agricultural Experiment Stations of Idaho, Oregon, and
Washington, requesting that the Administrator, pursuant to section
408(e) of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21 U.S.C.
346a(e), establish a tolerance for residues of the pesticide
befentrhin, (2-methyl [1,1'-biphenyl]-3-yl)methyl-3-(2-chloro-3,3,3,-
trifluoro-1-propenyl)-2,2-dimethylcyclopropanecarboxylate, in or on the
raw agricultural commodity dried hops at 10.0 parts per million (ppm).
There were no requests for referral to an advisory committee
received in response to the proposed rule.
One comment was received in response to the proposed rule. The
comment, which was submitted by E.I. duPont de Nemours & Co., Inc.
(Dupont), responded to the Agency's request for comments on the
reclassification of dried hops as a raw agricultural commodity. The
commenter expressed DuPont's support for the reclassification of all
dried fruits as raw agricultural commodities. EPA is currently
reviewing a petition from DuPont requesting the revocation of the
tolerance established under section 409 of the FFDCA for residues of
the fungicide benomyl in raisins and the establshment of a tolerance
for benomyl on raisins under section 408 of the FFDCA. DuPont's
petition contends that existing section 409 tolerances for raisins are
inappropriate since raisins meet the statutory definition of a raw
agricultural commodity. Additional information regarding DuPont's
petition can be obtained from the notice of receipt for the petition,
which was published in the Federal Register of December 2, 1993 (58 FR
63575, Dec. 2, 1993). An evaluation by EPA of the commenter's proposed
reclassification of dried fruit (including raisins) as a raw
agricultural commodity was not conducted by EPA in association with the
IR-4 petition for tolerance for bifentrhin residues on hops. EPA will
respond to DuPont's proposed recalssification of raisins in association
with the benomyl petition, which is under evaluation by the Agency.
The data submitted 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 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 or 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: May 13, 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. By revising Sec. 180.442, to read as follows:
Sec. 180.442 Bifenthrin; tolerances for residues.
Tolerances, to expire on November 15, 1994, are established for
residues of the pyrethroid bifenthrin, (2-methyl [1,1'-biphenyl]-3-
yl)methyl-3-(2-chloro-3,3,3-trifluoro-1-propenyl)-2,2-
dimethylcyclopropanecarboxylate, in or on the following commodities:
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Parts per
Commodity million
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Cottonseed................................................. 0.5
Hops, dried................................................ 10.0
Meat, fat, and meat byproducts of cattle, goats, hogs,
horses, and sheep......................................... 0.1
Milk...................................................... 0.02
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[FR Doc. 94-12692 Filed 5-24-94; 8:45 am]
BILLING CODE 6560-50-F