Aldicarb (Temik) - EPA Revocation of Tolerance—Final Rule 6/93
Aldicarb; Revocation of Tolerance
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
SUMMARY: This document removes the tolerance for residues of
the pesticide aldicarb [2-methyl-2-(methylthio)propionaldehyde-
O-(methylcarbamoyl)oxime], also known as Temik, and its cholinesterase-
inhibiting metabolites 2-methyl-2-(methylsulfinyl) propionaldehyde-
O-(methylcarbamoyl) oxime and 2-methyl-2-(methylsulfonyl) propionaldehyde-
O-(methylcarbamoyl) oxime in or on the raw agricultural commodity
bananas. Rhone-Poulenc AG Co., the sole registrant of aldicarb,
has stopped world-wide sale of aldicarb for use on bananas.
EFFECTIVE DATE: This regulation becomes effective June 29, 1993.
ADDRESSES: Written objections, identified by the document control
number, [OPP-300249A], 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: Jeff Morris, Special
Review and Reregistration Division (H7508W), 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 July 15,
1992 (57 FR 31346), EPA issued a proposed rule to revoke the
aldicarb tolerance for bananas under 40 CFR 180.269 pursuant
to section 408 of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 346a). EPA initiated this rulemaking for two reasons.
First, it is EPA's general policy to revoke tolerances associated
with pesticide uses which have been cancelled (40 CFR 180.32(b)).
Rhone-Poulenc, the sole registrant of aldicarb, withdrew payment
for continued aldicrab use on bananas in March 1992, and the
registrations have been cancelled. Second, evidence submitted
by Rhone-Poulenc shows that there is a likelihood that residues
above the tolerance level would result following aldicarb applications
at the established use rates, and EPA is concerned about the
potential risk of poisoning incidents to the U.S. population
consuming bananas containing aldicarb residues at levels above
the tolerance. Rhone-Poulenc responded to these concerns by
withdrawing world-wide sale of aldicarb for use on bananas in
1991. In March 1992, Rhone-Poulenc withdrew payment for continued
aldicarb use on bananas, and the registrations have been cancelled.
It is EPA's general policy to revoke tolerances associated with
pesticide uses that have been cancelled (40 CFR 180.32(b)).
Therefore, EPA does not believe that there are any legally treated
domestic or international bananas still in channels of trade.
There were no comments or requests for referral to an advisory
committee received in response to the proposed rule.
The data submitted in the petition and other relevant material
have been evaluated and discussed in the proposed rule. Based
on the data and information considered, the Agency concludes
that the tolerance revocation will protect the public health.
Therefore, the tolerance is removed as set forth below.
Any person adversely affected by this regulation may, within
30 days after publication of this document in the Federal Register,
file written objections 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 such issues, 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).
The Office of Management and Budget has exempted this rule
from the requirements of section 3 of Executive Order 12291.
Pursuant to the requirements of the Regulatory Flexibility
Act (Pub. L. 96-354, 94 Stat. 1164, 5 U.S.C. 601-612), the Administrator
has determined that regulations establishing new tolerances
or raising tolerance levels or establishing exemptions from
tolerance requirements do not have a significant economic impact
on a substantial number of small entities. A certification statement
to this effect was published in the Federal Register of May
4, 1981 (46 FR 24950).
List of Subjects in 40 CFR Part 180
Administrative practice and procedure, Agricultural commodities,
Pesticides and pests, Reporting and recordkeeping requirements.
Dated: June 21, 1993.
Victor J. Kimm,
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.
. 180.269 [Amended]
2. Section 180.269 Aldicarb; tolerances for residues is
amended in the table therein by removing the entry "bananas."
[FR Doc. 93-15262 Filed 6-28-93; 8:45 am]