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fenoprop (Silvex) Tolerance Revocation 6/93

Silvex; Revocation of Tolerances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule. 



SUMMARY: This document revokes the tolerances and interim tolerances 

listed in 40 CFR 180.319 and 180.340 for residues of the herbicide 

and plant regulator silvex [2-(2,4,5-trichlorophenoxy)propionic 

acid] in or on various raw agricultural commodities. EPA is 

initiating this action because all registered uses of silvex 

have been canceled.

EFFECTIVE DATE: This regulation becomes effective June 16, 1993.

ADDRESSES: Written objections, identified by the document control 

number, [OPP-300246A], may be submitted to: Hearing Clerk (A-

110), Environmental Protection Agency, Rm. M3708, 401 M St., 

SW., Washington, DC 20460. 

FOR FURTHER INFORMATION CONTACT: By mail: Jim Downing, Registration 

Division (H-7505C), Office of Pesticide Programs, Environmental 

Protection Agency, 401 M St., SW., Washington, DC 20460. Office 

location and telephone number: Rm. 718H, CM#2, 1921 Jefferson 

Davis Highway, Arlington, VA 22202, (703)-305-5179.

SUPPLEMENTARY INFORMATION: EPA issued a proposed rule, published 

in the Federal Register of June 30, 1992 (57 FR 29055). It proposed 

the revocation of tolerances and interim tolerances for residues 

of silvex in or on various raw agricultural commodities established 

under section 408 of the Federal Food, Drug, and Cosmetic Act 

(21 U.S.C. 346a) listed in 40 CFR 180.319 and 180.340. EPA initiated 

this action because all registered uses of silvex have been 


   No public comments or requests for referral to an advisory 

committee were received in response to the notice of proposed 


   Therefore, based on the information considered by the Agency 

and discussed in detail in the June 30, 1992 proposal and in 

this final rule, the Agency is hereby revoking the tolerance 

listed in 40 CFR 180.340 for residues of silvex in pears and 

the interim tolerances listed in 40 CFR 180.319 for residues 

of silvex in apples, plums (prunes), rice, and sugarcane. 

   Since silvex is not considered a persistent chemical and 

the related uses were canceled many years ago (final cancellation 

order on February 11, 1985), there is no anticipation of a residue 

problem due to environmental contamination. Consequently, the 

Agency will not recommend action levels to replace the tolerances 

upon their revocation.

   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 a request for a hearing with 

the Hearing Clerk, at the address given above (40 CFR 178.20). 

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 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 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). 

   This document has been reviewed by the Office of Management 

and Budget as required by section 3 of Executive Order 12291.

Executive Order 12291

   As explained in the proposal published June 30, 1992, the 

Agency has determined, pursuant to the requirements of Executive 

Order 12291, that the removal of these tolerances will not cause 

adverse economic impact on significant portions of U.S. enterprises.

Regulatory Flexibility Act

   This rulemaking 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. The reasons for this 

conclusion are discussed in the June 30, 1992 proposal. 

List of Subjects in 40 CFR Part 180

   Administrative practice and procedure, Agricultural commodities, 

Pesticides and pests, Reporting and recordkeeping requirements. 

Dated: June 8, 1993.

Susan H. Wayland,

Acting Assistant Administrator for Prevention, Pesticides and 

Toxic Substances.

   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.

. 180.319   [Amended]

   2. In the table to . 180.319 Interim tolerances by removing 

the entry for silvex from the list.

. 180.340   [Removed] 

   3. By removing . 180.340 Silvex; tolerances for residues. 

[FR Doc. 93-14196 Filed 6-15-93; 8:45 am]