PMEP Home Page --> Pesticide Active Ingredient Information --> Insecticides and Miticides --> cadusafos (Rugby) to cyromazine (Larvadex) --> chlorobenzilate --> chlorobenzilate Proposed Tolerance Revocation 5/93

chlorobenzilate Proposed Tolerance Revocation 5/93

Pesticides; Proposed Revocation of Tolerances and Food Additive 

Regulations



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, 

1993.



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    

                                                              |   million     

--------------------------------------------------------------+---------------

                                                              |               

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 

Act.

   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 

holidays.



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 

revoked.

   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 

Toxic Substances.

   Therefore, it is proposed that 40 CFR parts 180 and 185 be 

amended as follows:



PART 180-[AMENDED]-



   1. In part 180: 

   a. The authority citation for part 180 continues to read 

as follows:



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





. 180.109   [Removed]



   b. By removing . 180.109 Ethyl 4,4'Dichlorobenzilate; tolerances 

for residues.




   2. In part 185:




[FR Doc. 93-13584 Filed 6-8-93; 8:45 am]