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alachlor (Lasso) Revocation of Certain Tolerances 8/94

40 CFR Part 180
[OPP-300315A; FRL-4766-3]
RIN 2070-AB78
Alachlor; Revocation of Certain Tolerances
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
SUMMARY: This document revokes 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.
EFFECTIVE DATE: This regulation becomes effective on August 
3, 1994. 
ADDRESSES: Written objections and requests for a hearing, identified 
by the document control number, [OPP-300315A], 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 request 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: 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: In the Federal Register of January 
19, 1994 (59 FR 2799), EPA proposed to revoke 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 commmodities 
listed in 40 CFR 180.249: Cotton forage, cottonseed, sunflower 
seed, pea forage, pea hay, peas with 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 or imported 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. 
   There were no comments or requests for referral to an advisory 
committee received in response to the proposed rule. 
   The data relevant to 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 tolerance revocation will protect the public health. 
Therefore, the tolerance revocation is established as set forth 
   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: July 25, 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 
as follows:
   Authority: 21 U.S.C. 346a and 371.
sec 180.249   [Amended]
   2. Section 180.249 Alachlor; tolerances for residues is amended 
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. 94-18914 Filed 8-2-94; 8:45 am]