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Chlorpyrifos - Pesticide Tolerance—Final Rule 2/94

40 CFR Part 180
[PP 4E4288 and PP 4E4289/R2038; FRL-4756-4]
RIN 2070-AB78
Pesticide Tolerances for Chlorpyrifos
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.

SUMMARY: This document revises tolerances for residues of the
insecticide chlorpyrifos in or on the raw agricultural commodities
pears, peaches, nectarines, and plums. The regulations to revise
maximum permissible levels for residues of chlorpyrifos were
requested in petitions submitted by DowElanco and are needed
to cover maximum expected residues in or on imported commodities.

EFFECTIVE DATE: This regulation becomes effective February 25,

ADDRESSES: Written objections and request for a hearing, identified
by document control number, [PP 4E4288 and PP 4E4289/R2038],
may be submitted to: Hearing Clerk (1900), Environmental Protection
Agency, Rm. 3708, 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 request
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.

Jr., Product Manager (PM) 19, Registration Division (7505C),
Environmental Protection Agency, 401 M St., SW., Washington,
DC 20460. Office location and telephone number: Rm. 207, CM
#2, 1921 Jefferson Davis Hwy., Arlington, VA 22202, (703)-305-

SUPPLEMENTARY INFORMATION: EPA issued a proposed rule, published
in the Federal Register of December 28, 1993 (58 FR 68621),
which announced that DowElanco had submitted pesticide petitions
(PP 4E4288 and PP 4E4289) to the Administrator under section
408(e) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
346a(e)) to amend 40 CFR 180.342 by revising the tolerances
for residues of the insecticide chlorpyrifos in or on the raw
agricultural commodities pears from 0.01 part per million (ppm)
to 0.05 ppm and peaches, nectarines, and plums from 0.01 ppm
to 0.05 ppm. The revisions in the tolerances are needed because
of differing use patterns of chlorpyrifos in other parts of
the world as compared to the U.S.
   The Agency reviewed preliminary residue data and concluded
that residues should not exceed the proposed tolerances. However,
the Agency has determined that additional residue data for imported
pears, peaches (data for peaches will suffice for nectarines),
plums, and prunes (the processed commodity of plums) must be
submitted. Therefore, the Agency is revising these tolerances
with a 2-year expiration date, at which time the tolerances
will revert to the previous 0.01 ppm for the named commodities.
Once the required residue data are submitted and determined
to be adequate and upon request by DowElanco, the Agency will
take appropriate steps to make the tolerances permanent.
   The available data do not support a change in the U.S. use
pattern for the crops listed above. If such a change is desired,
additional residue data generated in the U.S. must be submitted.
   There was one comment received in response to the proposed
rule. The comment supported the proposed rule.
   Therefore, based on the information considered by EPA and
discussed in detail in the December 28, 1993 proposal and in
this final rule, the Agency is hereby establishing the tolerance
revisions in 40 CFR 180.342 for residues of chlorpyrifos in
or on the following raw agricultural commodities: nectarines,
peaches, pears, and plums.
   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 a request for a hearing 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 the hearing is requested, the requestor's contentions
must include a statement of factual contentions on each issue
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 the 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, use 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: February 10, 1994.

Douglas D. Campt,
Director, Office of Pesticide Programs.
   Therefore, 40 CFR part 180 is amended as follows:


   1. The authority citation for part 180 continues to read
as follows:

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

   2. In . 180.342, by amending paragraph (c) by removing the
entries in the table therein for nectarines, peaches, pears,
and plums and by adding new paragraph (e), to read as follows:

 180.342   Chlorpyrifos; tolerances for residues.
*     *     *     *     *
   (e) Tolerances are established as follows for residues of
the insecticide chlorpyrifos [O,O-diethyl O-(3,5,6-trichloro-
2-pyridyl) phosphorothioate] in or on the following raw agricultural

                                                        Parts per million
                     Commodity                       Until Jan.   After Jan.
                                                      28, 1996     28, 1996

Nectarines........................................      0.05         0.01
Peaches...........................................      0.05         0.01
Pears.............................................      0.05         0.01
Plums.............................................      0.05         0.01
[FR Doc. 94-4379 Filed 2-24-94; 8:45 am]