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alachlor (Lasso) Proposed Revocation of Certain Tolerances 1/94

RIN No. 2070-AC18
Alachlor; Proposed Revocation of Certain Tolerances 
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule. 
SUMMARY: This document proposes to revoke certain tolerances 
for residues of the herbicide alachlor and its metabolites in 
or on various raw agricultural commodities. EPA is initiating 
this action because registered uses of alachlor on certain food 
commodities have been canceled.
DATES: Written comments, identified by the document control 
number [OPP-300315], must be received on or before March 21, 
ADDRESSES: By mail, submit written comments 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 comments 
to: Rm. 1132, CM #2, 1921 Jefferson Davis Hwy., Arlington, VA.
   Information submitted as a comment concerning this document 
may be claimed confidential by marking any part or all of that 
information as ``Confidential Business Information'' (CBI). 
Information so marked will not be disclosed except in accordance 
with procedures set forth in 40 CFR part 2. A copy of the comment 
that does not contain CBI must be submitted for inclusion in 
the public record. Information not marked confidential may be 
disclosed publicly by EPA without prior notice. All written 
comments will be available for public inspection in Rm. 1132 
at the address given above, from 8 a.m. to 4 p.m., Monday through 
Friday, except legal holidays. 
FOR FURTHER INFORMATION CONTACT: By mail, Melissa L. Chun, Registration 
Support Branch (7505W), Office of Pesticide Programs, Environmental 
Protection Agency, 401 M St., SW., Washington, DC 20460. Office 
location and telephone number: 6th Floor, Westfield Building, 
2800 Crystal Drive, Arlington, VA, (703)-308-8318.
SUPPLEMENTARY INFORMATION: This document proposes the revocation 
of tolerances established under section 408 of the Federal Food, 
Drug, and Cosmetic Act (FFDCA), 21 U.S.C. 346a, for residues 
of the herbicide alachlor (2-chloro-2',6'-diethyl-N-(methoxymethyl)acetanilide) 
and its metabolites in or on the following raw agricultural 
commodities listed in 40 CFR 180.249: Cotton forage, cottonseed, 
sunflower seed, pea forage, pea hay, peas with the pods removed, 
and potatoes.
   By March 1988, the product registrations under the Federal 
Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended, 
for the pesticide products containing the herbicide alachlor 
were canceled for the above-mentioned raw agricultural commodities. 
Based on the fact that alachlor is no longer domestically registered 
for use on these food crops and a tolerance is generally not 
necessary for a pesticide chemical which is not registered for 
the particular food use, EPA now proposes to revoke the tolerances 
listed in 40 CFR 180.249 for residues of alachlor in or on these 
commodities. Since the product registrations were canceled more 
than 5 years ago, residues should not appear in any legally 
treated, domestically produced commodities. These tolerances 
were obtained in conjunction with the FIFRA registrations. 
   The Agency is not recommending the establishment of action 
levels in place of these tolerances because sufficient time 
has elapsed in order for the residues to dissipate, and EPA 
does not expect a residue problem due to environmental contamination.
   EPA requests that interested persons submit information pertaining 
to whether these products are used in foreign countries and 
may be present in commodities grown in those countries and imported 
to the U.S.
   Within 30 days after publication of this document in the 
Federal Register, any person who has registered or submitted 
an application for registration of a pesticide under FIFRA which 
contains alachlor may request that this rulemaking proposal 
to revoke the tolerances be referred to an Advisory Committee 
in accordance with section 408(e) of the Federal Food, Drug, 
and Cosmetic Act.
   Interested persons are invited to submit written comments 
on the proposed regulation. Comments must bear a notation indicating 
the document control number, [OPP-300315]. All written comments 
filed in response to this document will be available for public 
inspection in Rm. 1132, CM #2, 1921 Jefferson Davis Hwy., Arlington, 
VA 22202, between 8 a.m. and 4 p.m., Monday through Friday, 
except legal holidays.
Executive Order 12866
   Under Executive Order 12866 (58 FR 51735, Oct. 4, 1993), 
the Agency must determine whether the regulatory action is ``significant'' 
and therefore subject to all the requirements of the Executive 
Order (i.e., Regulatory Impact Analysis, review by the Office 
of Management and Budget (OMB)). Under section 3(f), the order 
defines ``significant'' as those actions likely to lead to 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 known 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 (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 this Executive Order, EPA has determined 
that this rule is not ``significant'' and is therefore not subject 
to OMB review. 
Regulatory Flexibility Act
   The proposed regulatory action has been reviewed under the 
Regulatory Flexibility Act of 1980 (Pub. L. 96-354, 94 Stat. 
1164; 5 U.S.C. 601 et seq.), and it has been determined that 
it will not have a significant economic impact on a substantial 
number of small businesses, small governments, or small organizations.
   This regulatory action is intended to prevent the sale of 
food commodities containing pesticide residues where the subject 
pesticide has been used in an unregistered or illegal manner. 
   Since all registrations for use of alachlor on these food 
crops were canceled more than 5 years ago, it is anticipated 
that no economic impact would occur at any level of business 
enterprises if these tolerances were revoked.
   Accordingly, I certify that this proposed regulatory action 
does not require a separate regulatory flexibility analysis 
under the Regulatory Flexibility Act. 
List of Subjects in 40 CFR Part 180 
   Administrative practice and procedure, Agricultural commodities, 
Pesticides and pests, Reporting and recordkeeping requirements.
Dated: January 7, 1994.
Lynn R. Goldman,
Assistant Administrator for Prevention, Pesticides and Toxic 
   Therefore, it is proposed that 40 CFR part 180 be amended 
as follows: 
   1. The authority citation for part 180 continues to read 
as follows: 
   Authority: 21 U.S.C 346a and 371.
 180.249   [Amended]
   2. By amending . 180.249 Alachlor; tolerances for residues 
in the table therein by removing the entries for cotton, forage; 
cottonseed; peas, forage; peas, hay; peas, pods removed; potatoes; 
and sunflower seed.
[FR Doc. 94-1242 Filed 1-18-94; 8:45 am]