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
Therefore, 40 CFR part 180 is amended as follows:
1. The authority citation for part 180 continues to read
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]