[Federal Register Volume 60, Number 57 (Friday, March 24, 1995)]
[Rules and Regulations]
[Pages 15488-15489]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-7451]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[PP 5F4427/R2118; FRL-4942-8]
RIN 2070-AB78
Chlorpyrifos; Pesticide Tolerance
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: This document establishes a time-limited tolerance for
residues of the insecticide chlorpyrifos [O,O-diethyl O-(3,5,6-
trichloro-2-pyridyl) phosphorothioate] in or on the raw agricultural
commodities oats and barley when blended together in a mixture
containing not more than 97% oats and not less than 3% barley. General
Mills requested this regulation to establish the maximum permissible
level for residues of the insecticide in or on the commodities.
EFFECTIVE DATE: This regulation becomes effective March 24, 1995.
ADDRESSES: Written objections, identified by the document control
number, [PP 5F4427/R2118], 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: Dennis H. Edwards, Product
Manager (PM) 19, Registration Division (7505C), Environmental
Protection Agency, 401 M St., SW., Washington, DC 20460. Office
location and telephone number: Rm. 207, 1921 Jefferson Davis Hwy.,
Arlington, VA 22202, (703)-305-6386; e-mail:
Edwards.D[email protected].
SUPPLEMENTARY INFORMATION: In the Federal Register of February 8, 1995
(60 FR 7509), EPA issued a proposed rule that gave notice that the
General Mills Co. had submitted pesticide petition (PP) 5F4427 to EPA
requesting that the Administrator, pursuant to section 408(e) of the
Federal Food, Drug, and Cosmetic Act (FFDCA), 21 U.S.C. 346a, amend 40
CFR 180.342 by establishing a tolerance for residues of the insecticide
chlorpyrifos in or on the raw agricultural commodity oats at 15 ppm,
provided that such tolerance applies only to oats that were treated
post-harvest with chlorpyrifos on or before June 15, 1994; that such
tolerance applies only to oats to be used as animal feed or as a
constituent of animal feed; that, notwithstanding any other provision
of law or regulation, this tolerance does not authorize the presence of
residues of chlorpyrifos in any human food item made from such treated
oats, other than residues resulting from the use of the oats for animal
feed purposes; and that such tolerance expires on December 31, 1996.
To ensure that the oats would be unacceptable for human food
production, General Mills stated that they would be blended to include
not less than 3% barley and 97% oats. Accordingly, the definition of
the raw agricultural commodity in the petition was amended to ``oats
and barley when blended together in a mixture containing 97% oats and
3% barley.''
There were two comments received in response to the proposed rule.
General Mills requested that the tolerance expression be changed to
specify a minimum barley content and a maximum oat content. EPA has
determined that the purpose of the blending would continue to be served
by this change and has no objection to the request. The definition of
the raw agricultural commodity in the rule is amended to ``oats and
barley when blended together in a mixture containing not more than 97%
oats and not less than 3% barley.''
The second comment was received from Michael A. Mentuck, president
of Michael A. Mentuck & Associates, Inc., as an interested party and on
behalf of one of the interested insurance companies to the
circumstances of the petition. He suggested that there is the
possibility that the oats containing chlorpyrifos would be acceptable
in some foreign countries having appropriate tolerances that would
allow the oats to be used as human food, and that the potential for
export should be investigated. Alternatively, he suggested that the
oats could be limited to use as animal feed in this country by spraying
the oats with a dye, thus eliminating the additional expense of
blending them with barley.
EPA has decided not to modify the proposed tolerances as suggested
by Mr. Mentuck because of enforcement concerns with his suggestions. As
to his export proposal, EPA believes it would be difficult to ensure
that the adulterated oats, while still in shipment in this country,
would not be diverted to domestic, human food use. Blending the oats
with barley is a straightforward and effective way of ensuring that the
oats will not be used as human food.
EPA has further concern about the use of a dye. Dyes are required
for use on seed that is treated with a pesticide, the dye being an
indicator that the seed is only to be used for growing crops, not for
food or feed. To allow the use of a dye in the present situation could
cloud the distinction between seed use and food or feed use. EPA has no
supporting information that the dyed oats would be considered
acceptable for feed use only and would not be used as human food.
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 tolerance
will protect the public health. Therefore, the tolerance is established
as set forth below. [[Page 15489]]
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 Part 180
Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.
Dated: March 16, 1995.
Stephen L. Johnson,
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. 180.342, by adding new paragraph (f), to read as
follows:
Sec. 180.342 Chlorpyrifos; tolerances for residues.
* * * * *
(f) A tolerance of 15 parts per million is established for residues
of the pesticide chlorpyrifos [O,O-diethyl O-(3,5,6-trichloro-2-
pyridyl)phosphorothioate] in or on the raw agricultural commodities
oats and barley when blended together as a mixture containing not more
than 97% oats and not less than 3% barley.
(1) Such tolerance applies only to oats that were treated post-
harvest with chlorpyrifos on or before June 15, 1994.
(2) Such tolerance applies only to oats to be used as animal feed
or as a constituent of animal feed.
(3) Notwithstanding any other provision of law or regulation, this
tolerance does not authorize the presence of residues of chlorpyrifos
in any human food item made from such treated oats, other than residues
resulting from the use of the oats for animal feed purposes.
(4) Such tolerance expires on December 31, 1996.
[FR Doc. 95-7451 Filed 3-22-95; 12:28 pm]
BILLING CODE 6560-50-F