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trifluralin (Treflan) Reinstatement of Food Additive Regulations 9/94

40 CFR Part 185
[OPP-2600053C; FRL-4909-8]
RIN 2070-AB78
Benomyl and Trifluralin; Reinstatement of Food Additive Regulations
AGENCY: Environmental Protection Agency (EPA). 
ACTION: Final rule; Reinstatement of Food Additive Regulations.
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SUMMARY: In the Federal Register of June 30, 1994, EPA issued 
a final judicially reviewable rule revoking the food additive 
regulations for benomyl (processed tomato products and raisins) 
and trifluralin (peppermint and spearmint oil). The Circuit 
Court of Appeals for the D.C. Circuit ordered EPA on August 
24, 1994, to stay the effectiveness of those revocations. By 
this document, EPA is implementing the Court's order by reinstating 
the food additive regulations for benomyl and trifluralin pending 
judicial review of EPA's June 1994 Order by that Court.
EFFECTIVE DATE: The effective date of these regulations is on 
September 12, 1994.
FOR FURTHER INFORMATION CONTACT: Niloufar Nazmi or Lisa Engstrom, 
Special Review and Reregistration Division (7508W), Environmental 
Protection Agency, 401 M St., SW., Washington, DC 20460. Office 
location and telephone number: Crystal Station #1, 2800 Crystal 
Drive, Arlington, VA. Telephone: (703) 308-8010. 
SUPPLEMENTARY INFORMATION: In the Federal Register of June 30, 
1994 (59 FR 33684) (``June 1994 Order''), EPA issued a final 
judicially reviewable rule revoking the food additive regulations 
for benomyl (processed tomato products and raisins), trifluralin 
(peppermint and spearmint oil), mancozeb (bran of wheat), and 
phosmet (cottonseed oil). On July 14, 1994, the registrants 
for benomyl and trifluralin filed a petition for review of EPA's 
June 1994 Order with the Circuit Court of Appeals for the D.C. 
Circuit. In addition, DuPont and DowElanco filed with the Court 
a ``Motion for Summary Reversal, or in the Alternative, Stay 
Pending Review.'' On August 24, 1994, the Court denied Petitioners' 
Motion for a Summary Reversal, but granted the Motion for a 
Stay Pending Judicial Review. 
   By this document, EPA is implementing the Court's Order granting 
a stay by reinstating the benomyl (processed tomato products 
and raisins) and trifluralin (peppermint and spearmint oil) 
food additive regulations pending judicial review of EPA's decision. 
These regulations, therefore, will remain in place until the 
stay is terminated, EPA is otherwise ordered by the D.C. Circuit 
Court of Appeals or another court, or EPA takes further administrative 
action.
   EPA is not reinstating the food additive regulations for 
mancozeb (bran of wheat) and phosmet (cottonseed oil) because 
they were not the subject of the Court's August 24, 1994 decision. 
Therefore, those regulations continue to be revoked.
   Until otherwise acted upon by EPA, the Code of Federal Regulations 
text will continue to include the full text of the food additive 
regulations for benomyl and trifluralin (40 CFR 185.350 and 
185.5900).
List of Subjects in 40 CFR Part 185
   Environmental protection, Administrative practice and procedure, 
Food additives, Pesticides and pests, Reporting and recordkeeping 
requirements. 
Dated: September 1, 1994.
Susan H. Wayland, 
Acting Assistant Administrator for Prevention, Pesticides and 
Toxic Substances. 
   Therefore, 40 CFR part 185 is amended as follows:
PART 185-[AMENDED]
   1. The authority citation for part 185 continues to read 
as follows:
   Authority: 21 U.S.C. 346a and 348.
   2. By adding sec 185.350, to read as follows:
sec 185.350   Benomyl. 
   Tolerances of 50 parts per million are established for combined 
residues of the fungicide benomyl (methyl-1-(butylcarbamoyl)-
2-benzimidazolecarbamate) and its metabolites containing the 
benzimidazole moiety (calculated as benomyl) in raisins and 
concentrated tomato products when present therein as a result 
of application of the fungicide to growing grapes and tomatoes.
   3. By adding sec 185.5900, to read as follows:
sec 185.5900   Trifluralin
   Tolerances are established for residues of the herbicide 
trifluralin in or on peppermint oil and spearmint oil at 2 parts 
per million when present therein as a result of application 
to the herbicide to the growing crops. 
[FR Doc. 94-22440 Filed 9-7-94; 12:20 pm]