benomyl (Benlate) Pesticide Tolerance 9/94
40 CFR Part 180
[PP 2E4070/R2069; FRL-4899-4]
Pesticide Tolerances for Benomyl
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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
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,
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
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
Dated: August 29, 1994.
Daniel M. Barolo,
Director, Office of Pesticide Programs.
Therefore, 40 CFR part 180 is amended as follows:
1. The authority citation for part 180 continues to read
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) * * *
Commodity Parts per
[FR Doc. 94-22138 Filed 9-7-94; 8:45 am]