demeton (Systox)Revocation of Tolerances and Feed Additive Regulations 8/94
40 CFR Parts 180 and 186
Demeton; Revocation of Tolerances and Feed Additive Regulations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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
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,
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-
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
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:
a. In part 180:
1. The authority citation for part 180 continues to read
Authority: 21 U.S.C. 346a and 371.
sec 180.105 [Removed]
2. By removing sec 180.105 Demeton; tolerances for residues.
2. In part 186:
a. The authority citation for part 186 continues to read
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]