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,
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
1. The authority citation for part 180 continues to read
Authority: 21 U.S.C 346a and 371.
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]