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demeton (Systox)Revocation of Tolerances and Feed Additive Regulations 8/94

40 CFR Parts 180 and 186



[OPP-300316A; FRL-4766-4]



RIN 2070-AB78



Demeton; Revocation of Tolerances and Feed Additive Regulations



AGENCY: Environmental Protection Agency (EPA).



ACTION: Final rule.

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SUMMARY: This document revokes tolerance and feed additive regulations 

listed in 40 CFR 180.105 and 186.1600 for residues of the insecticide 

demeton in or on various raw agricultural commodities and in 

animal feeds. EPA is initiating this action because registered 

uses of demeton have been canceled.



EFFECTIVE DATE: This regulation becomes effective on August 

3, 1994. 



ADDRESSES: Written objections and requests for a hearing, identified 

by the document control number, [OPP-300316A], 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 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. 



FOR FURTHER INFORMATION CONTACT: By mail: Melissa L. Chun, Registration 

Support Branch (7505W), Office of Pesticide Programs, Environmental 

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

location and telephone number: 6th Floor, Westfield Building, 

2800 Crystal Drive, Arlington, VA, (703)-308-8318. 



SUPPLEMENTARY INFORMATION: In the Federal Register of January 

19, 1994 (59 FR 2800), EPA proposed to revoke tolerances and 

feed addtive regulations established under sections 408 and 

409 of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21 

U.S.C. 346a and 348, respectively, for residues of the insecticide 

demeton (a mixture of O,O-diethyl O (and S)-2-

(ethylthio)ethylphosphorothioates) 

in or on raw agricultural commodities and animal feeds. EPA 

is initiating this action because all registered uses of this 

chemical on raw agricultural commodities have been canceled.



   By mid-October 1989, all product registrations under the 

Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), 

as amended, for the pesticide products containing the insecticide 

demeton were canceled. Based on the fact that demeton is no 

longer domestically registered for use on any food crops and 

a tolerance is generally not necessary for a pesticide chemical 

which is not registered for the particular food use, EPA now 

proposes to revoke the tolerances and feed additive regulations 

for residues of demeton as listed in 40 CFR 180.105 and 40 CFR 

186.1600. Since the product registrations were canceled more 

than 3 years ago, residues should not appear in any legally 

treated, domestically produced or imported commodities. These 

tolerances were obtained in conjunction with the FIFRA registrations. 

   The Agency is not recommending the establishment of action 

levels in place of these tolerances and feed additive regulations 

because sufficient time has elapsed in order for the residues 

to dissipate, and EPA does not expect a residue problem due 

to environmental contamination. 

   There were no comments or requests for referral to an advisory 

committee received in response to the proposed rule. 

   The data relevant to 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 tolerance revocations will protect the public health. 

Therefore, the tolerance revocations are established as set 

forth below.

   Any person adversely affected by these regulations 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 Parts 180 and 186



   Environmental protection, Administrative practice and procedure, 

Agricultural commodities, Food and feed additives, Pesticides 

and pests, Reporting and recordkeeping requirements.



Dated: July 25, 1994.


Daniel M. Barolo,

Director, Office of Pesticide Programs.

   Therefore, 40 CFR parts 180 and 186 are amended as follows:


PART 180-[AMENDED]

   a. In part 180:

   1. The authority citation for part 180 continues to read 

as follows:

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

sec 180.105   [Removed]

   2. By removing sec 180.105 Demeton; tolerances for residues. 

PART 186-[AMENDED]

   2. In part 186: 

   a. The authority citation for part 186 continues to read 

as follows:

   Authority: 21 U.S.C. 348.

sec 180.1600   [Removed]

   b. By removing sec 186.1600 Demeton.

[FR Doc. 94-18913 Filed 8-2-94; 8:45 am]