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diallate (Avadex) Revocation of Tolerances 1/94

Diallate; Revocation of Tolerances 
AGENCY: Environmental Protection Agency (EPA). 
ACTION: Final rule.
SUMMARY: This document revokes the tolerances for residues of 
the pesticide diallate S-(2,3-dichloroallyl) diisopropylthiocarbamate, 
also known as AVADEX(R), in or on all raw agricultural commodities. 
EPA is taking this action because all registered uses of diallate 
on these commodities have been cancelled. Therefore, there is 
no need for maintaining the tolerances once all commodities 
treated with diallate have cleared the channels of trade.
EFFECTIVE DATE: This regulation becomes effective February 11, 
ADDRESSES: Written objections, identified by document control 
number [OPP-300299A], 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.
Review and Reregistration Division (7508W), Environmental Protection 
Agency, 401 M St., SW., Washington, DC 20460. Office location 
and telephone number: Special Review Branch, Crystal Station 
#1, 3rd Floor, 2800 Jefferson Davis Hwy., Arlington, VA, (703)-
SUPPLEMENTARY INFORMATION: In the Federal Register of September 
30, 1993 (58 FR 51031), EPA issued a proposed rule to revoke 
the diallate tolerances for all agricultural commodities under 
40 CFR 180.277 pursuant to section 408 of the Federal Food, 
Drug, and Cosmetic Act (21 U.S.C. 346a) by amending those tolerances 
to include an expiration date of August 30, 1996. A 30-day period 
was provided to allow for public comment.
   On January 22, 1991, the last EPA registration for a pesticide 
product containing diallate was cancelled under the Federal 
Insecticide, Fungicide, and Rodenticide Act (FIFRA), for nonpayment 
of the annual registration maintenance fee. Because diallate 
is no longer registered in the United States for use on any 
food or animal feed crops, and a tolerance is generally not 
necessary for a pesticide chemical which is not registered for 
a particular food use, EPA is announcing that it is revoking 
the tolerances of the pesticide diallate by amending the tolerances 
to include an expiration date of August 30, 1996. The delayed 
revocation date will eliminate concern for a residue problem 
due to environmental contamination. Consequently, no action 
levels will replace the tolerances upon their revocation. 
   No comments or requests for referral to an advisory committee 
were received in response to the proposed rule. 
Hearing Procedures
   Any person adversely affected by this regulation revoking 
the tolerances for diallate in or on all raw agricultural commodities 
may, within 30 days after publication of this document in the 
Federal Register, file written objections and/or a request for 
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 Office 
of Pesticide Programs (OPP) docket for this rulemaking. The 
objections submitted must specify the provisions of the regulation 
deemed objectionable and the grounds of 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 requester's contentions on each such 
issue 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 requester would, if established, resolve one or more of 
such issues in favor of the requester, taking into account uncontested 
claims or facts to the contrary; and resolution of the factual 
issue(s) in the manner sought by the requester would be adequate 
to justify the action requested. 
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 the rule is not ``significant'' and is therefore not subject 
to OMB review.
Regulatory Flexibility Act
   This final rule 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 EPA has determined that it will not have a significant 
economic impact on a substantial number of small businesses, 
small governments, or small organizations. Accordingly, I certify 
that this final rule does not require a separate regulatory 
flexibility analysis under the Regulatory Flexibility Act. 
Paperwork Reduction Act
   This final regulatory action does not contain information 
collection requirements subject to review by OMB under the Paperwork 
Reduction Act of 1980, 44 U.S.C. 3501 et seq.
List of Subjects in 40 CFR Part 180
   Administrative practice and procedure, Agricultural commodities, 
Pesticides and pests, Reporting and recordkeeping requirements.
Dated: December 20, 1993.
Lynn R. Goldman,
Assistant Administrator for Prevention, Pesticides and Toxic 
   Therefore, 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.
   2. By revising . 180.277, to read as follows:
 180.277   S-2,3-Dichloroallyl diisopropylthiocarbamate; tolerances 
for residues.
   Tolerances, set to expire on August 30, 1996, are established 
for negligible residues of the herbicide S-2,3-dichloroallyl 
diisopropylthiocarbamate in or on the raw agricultural commodities 
alfalfa (fresh and hay), barley (grain, forage, and straw), 
clover (fresh and hay), field corn grain, fodder and forage, 
flaxseed, lentils, peas, pea forage and hay, potatoes, safflower 
seed, soybeans, soybean forage and hay, and sugar beet roots 
and tops at 0.05 part per million.
[FR Doc. 94-763 Filed 1-11-94; 8:45 am]