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Fludioxonil - Pesticide Tolerance 2/98

[Federal Register: March 18, 1998 (Volume 63, Number 52)]
[Rules and Regulations]
[Page 13128]
From the Federal Register Online via GPO Access []
40 CFR Part 180
[OPPTS-300601; FRL-5764-7]
RIN 2070-AB78
Fludioxonil Pesticide Tolerance; Deletion of Duplicate Tolerance,
Technical Amendment
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.

SUMMARY: EPA is issuing a technical amendment to the tolerance
regulations for Fludioxonil issued under section 408(e) and (l)(6) of
the Food, Drug and Cosmetic Act.

DATES: This technical amendment is effective March 18, 1998.
FOR FURTHER INFORMATION CONTACT: By mail: Mary L. Waller, Registration
Division (7505C), Office of Pesticide Programs, Environmental
Protection Agency, 401 M St., SW., Washington, DC. Office location,
telephone number and e-mail address: Crystal Mall #2, 1921 Jefferson
Davis Hwy., Arlington, VA (703) 308-9354, e-mail:

SUPPLEMENTARY INFORMATION: In the Federal Register of August 1, 1997
(61 FR 41286; FRL-5732-5), EPA, on its own initiative, pursuant to
section 408(e) and (l)(6) of the Federal Food, Drug, and Cosmetic Act,
21 U.S.C. 346a(e) and (l)(6), established a time-limited tolerance for
residues of fludioxonil on potatoes at 0.02 parts per million (40 CFR
180.512). Subsequently, on October 29, 1997, EPA issued a rule
establishing a permanent tolerance for fludioxonil on potatoes in
reponse to a petition submitted by Ciba-Geigy requesting the tolerance
(40 CFR 180.516). Through oversight, tolerances have been established
for residues of fludioxonil on potatoes in two different sections of 40
CFR part 180. Tolerances for fludioxonil now appear in both
Secs. 180.512 and 180.516. In addition, the tolerance level is exactly
the same in both sections. Since Sec. 180.512 is time-limited and
expires on August 1, 1998, and since that tolerance was established on
the Agencies initiative, EPA is removing Sec. 180.512. Also, EPA is
revising the section title for Sec. 180.516 and paragraph (a) to add
the common name of the funigicide.

I. Regulatory Assessment Requirement

    This is a technical amendment to a final tolerance regulation
issued under FFDCA section 408(d) in response to a petition submitted
to the Agency. The Office of Management and Budget (OMB) has exempted
these types of actions from review under Executive Order 12866,
entitled Regulatory Planning and Review (58 FR 51735, October 4, 1993).
This technical amendment does not contain any information collections
subject to OMB approval under the Paperwork Reduction Act (PRA), 44
U.S.C. 3501 et seq., or impose any enforceable duty or contain any
unfunded mandate as described under Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA) (Pub. L. 104-4). Nor does it require any
prior consultation as specified by Executive Order 12875, entitled
Enhancing the Intergovernmental Partnership (58 FR 58093, October 28,
1993), or special considerations as required by Executive Order 12898,
entitled Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations (59 FR 7629, February 16, 1994),
or require OMB review in accordance with Executive Order 13045,
entitled Protection of Children from Environmental Health Risks and
Safety Risks (62 FR 19885, April 23, 1997). In addition, since this
type of action does not require the issuance of a proposed rule, the
requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et
seq.) do not apply.

II. Submission to Congress and the General Accounting Office

    Under 5 U.S.C. 801(a)(1)(A), as added by the Small Business
Regulatory Enforcement Fairness Act of 1996, the Agency has submitted a
report containing this rule and other required information to the U.S.
Senate, the U.S. House of Representatives, and the Comptroller General
of the General Accounting Office prior to publication of this rule in
today's Federal Register. This is not a "major rule" as defined by 5
U.S.C. 804(2).

List of Subjects in 40 CFR Part 180

    Environmental protection, Administrative practice and procedure,

Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.
    Dated: February 26, 1998.

James Jones,

Director, Registration Division, Office of Pesticide Programs.
    Therefore, 40 CFR part 180 is amended as follows:


    1. The authority citation for part 180 continues to read as

    Authority: 21 U.S.C. 346a and 371.

Sec. 180.512  [Removed]

    2. By removing Sec. 180.512.

Sec. 180.516  [Amended]

    3. In Sec. 180.516 by revising the section title and paragraph (a)
to read as follows:

Sec. 180.516  Fludioxonil; tolerances for residues.

    (a) General. A tolerance is established for residue of the
fungicide fludioxonil, [4-(2,2-difluoro-1,3-benzodioxol-4-yl)-1H-
pyrrole-3-carbonitrile], in or one the following food commodities:

                                                              Parts per
                         Commodity                             million
Potatoes...................................................         0.02

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[FR Doc. 98-6386 Filed 3-17-98; 8:45 am]