chlorobenzilate Proposed Tolerance Revocation 5/93
Pesticides; Proposed Revocation of Tolerances and Food Additive
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
SUMMARY: This document proposes the revocation of tolerances
and food additive regulations for residues of the pesticides
ethyl 4,4'-dichlorobenzilate (chlorobenzilate), captafol, and
dimethyl phosphate of 3-hydroxy-N-methyl-cis-crotonamide (monocrotophos)
in or on raw agricultural commodities and in processed foods.
EPA is initiating this action because all registered uses of
these three chemicals in or on raw agricultural commodities
have been canceled.
DATES: Written comments, identified by the document control
number [OPP-300273], must be received on or before August 9,
ADDRESSES: By mail, submit written comments to: Public Response
Section, Field Operations Division (H7506C), Office of Pesticide
Programs, Environmental Protection Agency, 401 M St., SW., Washington,
DC 20460. In person, bring comments to: Rm. 1128, CM .2, 1921
Jefferson Davis Hwy., Arlington, VA 22202.
Information submitted as a comment concerning this document
may be claimed confidential by marking any part or all of that
information as ``Confidential Business Information'' (CBI).
Information so marked will not be disclosed except in accordance
with procedures set forth in 40 CFR part 2. A copy of the comment
that does not contain CBI must be submitted for inclusion in
the public record. Information not marked confidential may be
disclosed publicly by EPA without prior notice. All written
comments will be available for public inspection in Rm. 1128
at the Virginia address given above, from 8 a.m. to 4 p.m.,
Monday through Friday, excluding legal holidays.
FOR FURTHER INFORMATION CONTACT: By mail: Rosalind L. Gross,
Registration Division (H7505C), Environmental Protection Agency,
401 M St., SW., Washington, DC 20460. Office location and telephone
number: Rm. 724A, CM .2, 1921 Jefferson Davis Hwy., Arlington,
VA 22202, (703-305-5971).
SUPPLEMENTARY INFORMATION: This document proposes the revocation
of all tolerances and food additive regulations (``tolerances'')
established under sections 408 and 409 of the Federal Food,
Drug, and Cosmetic Act (FFDCA) (21 U.S.C. 346a and 348) for
residues of the insecticide ethyl 4,4'-dichlorobenzilate (chlorobenzilate),
the fungicide captafol, and the insecticide dimethyl phosphate
of 3-hydroxy-N-methyl-cis-crotonamide (monocrotophos) in or
on raw agricultural commodities and processed foods. EPA is
initiating this action because all registered uses of these
chemicals in or on raw agricultural commodities have been canceled.
I. Discussion of Chemicals
A. Ethyl 4,4'-dichlorobenzilate
A notice of Rebuttable Presumption Against Registration and
continued registration (RPAR) was published in the Federal Register
of May 26, 1976 (41 FR 21517) for ethyl 4,4'dichlorobenzilate
(chlorobenzilate). A Notice of Intent To Cancel Registrations
and Deny Applications for Registration of Pesticide Products
Containing Chlorobenzilate pursuant to sections 6(b)(1) and
3(d) of Federal Insecticide, Fungicide, and Rodenticide Act
was published in the Federal Register of February 13, 1979 (44
FR 9548), resulting in the unconditional cancellation of all
noncitrus use registrations. The revocation of the tolerances
associated with these registrations was published in the Federal
Register of March 12, 1986 (51 FR 8497). The remaining uses
of chlorobenzilate were citrus uses only in the States of Florida,
Texas, California, and Arizona.
These allowable citrus uses for chlorobenzilate have since
been canceled, and the last registrations were voluntarily canceled
on December 23, 1988. Since a tolerance is generally not necessary
for a pesticide chemical which is not registered for the particular
food use, EPA proposes to revoke the tolerances for residues
of the insecticide chlorobenzilate as listed in 40 CFR 180.109
in or on the following raw agricultural commodities:
Commodity | Parts per
Cattle, fat.................................................. | 0.5
Cattle, mbyp................................................. | 0.5
Cattle, meat................................................. | 0.5
Citrus fruits................................................ | 5.0
Sheep, fat................................................... | 0.5
Sheep, mbyp.................................................. | 0.5
Sheep, meat.................................................. | 0.5
EPA believes there has been adequate time for legally treated
agricultural commodities to have gone through the channels of
trade. No action levels will be recommended to replace the chlorobenzilate
tolerances upon their revocation.
II. Solicitation of Comments
Any person who has registered or submitted an application
for registration of a pesticide under the Federal Insecticide,
Fungicide, and Rodenticide Act, as amended, which contains any
of these three chemicals may request, within 30 days after publication
of this document in the Federal Register, that this rulemaking
proposal be referred to an Advisory Committee in accordance
with section 408(e) of the Federal Food, Drug, and Cosmetic
Interested persons are invited to submit written comments
on the proposed regulation. Further, EPA is soliciting comments
from anyone adversely affected by revocation of these tolerances
and food additive regulations. EPA requests anyone adversely
affected by these revocations submit information pertaining
to why and provide specific information.
1. Are there any existing stocks of the chemical?
2. How much?
3. When should they be depleted?
4. How long would the commodities treated with these chemicals
be in the channels of trade?
5. Are any of these three chemicals used in foreign countries?
6. Would residues of any of these three chemicals be present
in or on commodities grown in these countries and imported into
the United States.
Comments must bear a notation indicating the document control
number, [OPP-300273]. All written comments filed in response
to this document will be available for public inspection in
the Public Response Section, at the Virginia address given above,
from 8 a.m. to 4:30 p.m., Monday through Friday, except legal
III. Other Regulatory Requirements
The Agency has conducted an analysis in order to satisfy
requirements as specified by Executive Order 12291 and the Regulatory
Flexibility Act. This analysis is available for public inspection
in Rm. 1128 at the Virginia address given above.
A. Executive Order 12291
Section 3(b) of Executive Order 12291 requires the Agency
to initially determine whether a proposed regulatory action
being proposed or issued is a ``major'' rule as defined by section
1(b) of the Executive Order and therefore subject to the comprehensive
procedures for conducting a Regulatory Impact Analysis. The
Agency has determined that this proposed rule is not a major
regulatory action. It will not have an annual effect on the
economy of at least $100 million, nor cause a major increase
in costs and prices, and it will not have a significant adverse
effect on competition, employment, investment, productivity,
innovation, or the ability of U.S. enterprises to compete with
foreign enterprises in domestic or export markets.
This proposed rule has been reviewed by the Office of Management
and Budget as required by E.O. 12291.
B. Regulatory Flexibility Act
This proposed rule 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 small businesses, small governments,
or small organizations.
This regulatory action is intended to prevent the sale of
food commodities containing pesticide residues where the subject
pesticide has been used in an unregistered or illegal manner.
Since all domestic registrations for use of chlorobenzilate,
captafol, and monocrotophos on food commodities have been canceled
it is anticipated that little or no economic impact would occur
at any level of business enterprise if these tolerances are
Accordingly, I certify that this regulatory action does not
require a separate regulatory flexibility analysis under the
Regulatory Flexibility Act.
List of Subjects in 40 CFR Parts 180 and 185
Administrative practice and procedure, Agricultural commodities,
Food additives, Pesticides and pests, Processed foods, Reporting
and recordkeeping requirements.
Dated: May 28, 1993.
Susan H. Wayland,
Acting Assistant Administrator for Prevention, Pesticides and
Therefore, it is proposed that 40 CFR parts 180 and 185 be
amended as follows:
1. In part 180:
a. The authority citation for part 180 continues to read
Authority: 21 U.S.C. 346a and 371.
. 180.109 [Removed]
b. By removing . 180.109 Ethyl 4,4'Dichlorobenzilate; tolerances
2. In part 185:
[FR Doc. 93-13584 Filed 6-8-93; 8:45 am]