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.
FOR FURTHER INFORMATION CONTACT: By mail: Philip Poli, Special
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.
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
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
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]