[Federal Register Volume 59, Number 173 (Thursday, September 8, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-22137]
[[Page Unknown]]
[Federal Register: September 8, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[OPP-300339A; FRL-4899-3]
RIN 2070-AB78
Definitions and Interpretations; Oriental Radish
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is adding a general commodity definition for oriental
radish for tolerance-setting purposes to cover the wide variety of
forms and cultivars that constitute oriental radishes. This regulation
is based, in part, on recommendations of the Interregional Research
Project No. 4 (IR-4).
EFFECTIVE DATE: This regulation becomes effective September 8, 1994.
ADDRESSES: Written objections, identified by the document control
number, [OPP-300339A], 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 222022. 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 June 15, 1994 (59
FR 30746), EPA issued a proposed rule that gave notice that the
International Research Project No. 4 (IR-4), New Brunswick, NJ 08903,
had requested that 40 CFR 180.1(h) be amended to add the commodity term
``oriental radish (root and tops)'' to the general category of
commodities in column A and to add the corresponding specific
commodities ``Raphanus sativus var. longipinnatus (root and tops),
including Chinese or Japanese radish (both white and red), winter
radish, daikon, lobok, lo pak, and other cultivars and/or hybrids of
these'' in column B.
The amendment was requested to establish a commodity definition for
oriental radishes for tolerance-setting purposes and to identify the
specific commodities that constitute the general category of oriental
radishes. In February 1990, in response to a request from the Hawaii
Department of Agriculture for EPA to establish a commodity definition
for radish to include Japanese and other oriental radishes, the Agency
determined that tolerances set for the common radish will not apply to
oriental radishes but that it would be appropriate to add a general
commodity definition for oriental radish for tolerance-setting purposes
to cover the wide variety of forms and cultivars that constitute
oriental radishes.
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 added
definition for oriental radish (roots and tops) is appropriate.
Therefore, the definition is established as set forth below.
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).
Although this regulation does not establish or raise a tolerance
level or establish an exemption from the requirement of a tolerance,
the impact of the regulation would be the same as establishing new
tolerances or exemptions from the requirement of a tolerance.
Therefore, the Administrator concludes that this rule would not have a
significant impact on a substantial number of small entities.
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 29, 1994.
Daniel M. Barolo,
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. Section 180.1(h) is amended by adding and alphabetically
inserting the general commodity ``oriental radish (root and tops)'' in
column ``A'' and the corresponding specific commodities ``Raphanus
sativus var. longipinnatus (root and tops), including Chinese or
Japanese radish (both white and red), winter radish, daikon, lobok, lo
pak, and other cultivars and/or hybrids of these'' in column ``B'' to
read as follows:
Sec. 180.1 Definitions and interpretations.
* * * * *
(h) * * *
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A B
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Oriental radish (root Raphanus sativus var. longipinnatus (root and
and tops). tops), including Chinese or Japanese radish
(both white and red), winter radish, daikon,
lobok, lo pak, and other cultivars and/or
hybrids of these.
*******
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* * * * *
[FR Doc. 94-22137 Filed 9-7-94; 8:45 am]
BILLING CODE 6560-50-F