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cadusafos (Rugby, Apache) Permanent Tolerance--Final Rule 7/94

40 CFR Part 180



[PP 6E3447/R2072; FRL-4900-6]



RIN 2070-AB78



Pesticide Tolerance for Cadusafos



AGENCY: Environmental Protection Agency (EPA).



ACTION: Final rule.

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SUMMARY: This document establishes a permanent tolerance for 

residues of the insecticide/nematicide cadusafos, O-ethyl S,S-

di-sec-butyl phosphorodithioate, in or on the raw agricultural 

commodity bananas. This regulation to establish a maximum permissible 

level for residues of the insecticide/nematicide in or on the 

commodity was requested in a petition submitted by the FMC Corp. 



EFFECTIVE DATE: This regulation becomes effective on August 

3, 1994. 



ADDRESSES: Written objections, identified by the document control 

number, [PP 6E3447/R2072], 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 requests 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: Robert A. Forrest, 

Product Manager (PM) 14, Registration Division (7505C), Environmental 

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

location and telephone number: rm. 219, 1921 Jefferson Davis 

Hwy., Arlington, VA 22202, (703)-305-6600.



SUPPLEMENTARY INFORMATION: In the Federal Register of May 10, 

1994 (59 FR 24101), EPA issued a proposed rule that gave notice 

that the FMC Corp., Agricultural Chemicals Group, 200 Market 

St., Philadelphia, PA 19103, had submitted confirmatory usage 

data and had requested that EPA, pursuant to section 408(e) 

of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 346a(e)), 

propose the establishment of a permanent tolerance for residues 

of the nematicide/insecticide cadusafos in or on the RAC bananas 

at 0.01 part per million (ppm). 



   There were no comments or requests for referral to an advisory 

committee received in response to the proposed rule. 

   The data submitted on the proposal 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 permanent tolerance will protect the public health. 

Therefore, the tolerance is established 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 and/or request 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 OPP docket for this rulemaking. 

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).

   Under Executive Order 12866 (58 FR 51735, Oct. 4, 1993), 

the Agency must determine whether the regulatory action is ``significant'' 

and therefore subject to review by the Office of Management 

and Budget (OMB) and the requirements of the Executive Order. 

Under section 3(f), the order defines a ``significant regulatory 

action'' as an action that is likely to result in 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 referred to 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 the rights and obligations of recipients thereof; 

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 the Executive Order, EPA has determined 

that this rule is not ``significant'' and is therefore not subject 

to OMB review. 

   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



   Environmental protection, Administrative practice and procedure, 

Agricultural commodities, Pesticides and pests, Reporting and 

recordkeeping requirements.



Dated: July 19, 1994.





Daniel M. Barolo,

Director, Office of Pesticide Programs. 

   Therefore, 40 CFR part 180 is amended as follows:



PART 180-[AMENDED]



   1. The authority citation for part 180 continues to read 

as follows:



   Authority: 21 U.S.C. 346a and 371.



   2. By revising sec 180.461, to read as follows:



sec 180.461 Cadusafos; tolerances for residues.  



   A tolerance is established for the residues of the

nematicide/insecticide cadusafos, O-ethyl S,S-di-sec-butyl

phosphorodithioate, in or on the following raw agricultural

commodity:


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       Commodity                              Parts per   

                                              million    

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Bananas........................................0.01  

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There are no U.S. registrations as of May 10, 1994, for the 

nematicide/insecticid cadusafos.

[FR Doc. 94-18912 Filed 8-2-94; 8:45 am]