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benomyl (Benlate) Pesticide Tolerance 9/94

40 CFR Part 180
[PP 2E4070/R2069; FRL-4899-4]
RIN 2070-AB78
Pesticide Tolerances for Benomyl
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: This document recodifies tolerances for combined residues 
of the fungicide benomyl and its metabolites in or on the raw 
agricultural commodities avocado, dandelion, and papaya. This 
amendment, which was requested in a petition submitted by the 
Interregional Research Project No. 4 (IR-4), would establish 
tolerances for regionally restricted registration of the pesticide 
on these commodities. 
EFFECTIVE DATE: This regulation becomes effective September 
8, 1994. 
ADDRESSES: Written objections, identified by the document control 
number, [PP 2E4070/R2069], 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: 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 30748), EPA issued a proposed rule that gave notice 
that the Interregional Research Project No. 4 (IR-4), New Brunswick, 
NJ 08903, had submitted pesticide petition (PP) 2E4070 to EPA 
on behalf of the State Agricultural Experiment Stations of Florida 
and Puerto Rico. The petition requested that EPA recodify tolerances 
established pursuant to section 408(e) of the Federal Food, 
Drug, and Cosmetic Act (FFDCA), 21 U.S.C. 346a(e), for combined 
residues of the fungicide benomyl (methyl 1-(butylcarbamoyl)-
2-benzimidazolecarbamate) and its metabolites containing the 
benzimidazole moiety (calculated as benomyl) in or on the raw 
agricultural commodities avocado and papaya at 3 parts per million 
(ppm) and dandelion at 10 ppm. Specifically, IR-4 proposes that 
EPA remove the tolerances for avocado, dandelion, and papaya 
from 40 CFR 180.294(a) and insert these tolerances under 40 
CFR 180.294(b), which lists tolerances established in support 
of regional registration. This amendment would regionally restrict 
registration for use of benomyl on dandelion and papaya to Florida 
and use on avocado to Florida and Puerto Rico. 
   IR-4's request is in response to EPA's reregistration review 
of benomyl, which determined that the available residue data 
are adequate to support continued registration for use of benomyl 
on dandelion and papaya in Florida and avocado in Florida and 
Puerto Rico. Additional residue data will be required to expand 
the area of usage. Persons seeking geographically broader registration 
should contact the Agency's Registration Division at the address 
provided above. 
   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 tolerances will protect the public health. Therefore, 
the 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 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. In sec 180.294, by amending paragraph (a) in the table therein 
by removing the commodities avocado, dandelion, and papaya and 
by amending paragraph (b) in the table therein by adding and 
alphabetically inserting the same commodities, to read as follows: 
sec 180.294   Benomyl; tolerances for residues.
*     *     *     *     *     
   (b) * * *
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       Commodity                              Parts per   
                                              million    
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Avocado...........................................3  
Dandelion........................................10  
Papaya............................................3  
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[FR Doc. 94-22138 Filed 9-7-94; 8:45 am]