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demeton (Systox) Proposed Revocation of Tolerance and Regulations 2/94

40 CFR Parts 180 and 186



[OPP-300316; FRL-4748-5]



RIN No. 2070-AC18



Demeton; Proposed Revocation of Tolerances and Feed Additive 

Regulations 



AGENCY: Environmental Protection Agency (EPA).



ACTION: Proposed rule. 

.

------------------------------------------------------------

SUMMARY: This document proposes the revocation of tolerances 

and feed additive regulations listed in 40 CFR 180.105 and 40 

CFR 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 all registered uses of demeton 

have been canceled. 



DATES: Written comments, identified by the document control 

number [OPP-300316], must be received on or before March 21, 

1994. 



ADDRESSES: By mail, submit written comments 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 comments 

to: Rm. 1132, CM #2, 1921 Jefferson Davis Highway, Arlington, 

VA.



   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. 1132 

at the address given above, from 8 a.m. to 4 p.m., Monday through 

Friday, excluding legal holidays. 



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: This document proposes the revocation 

of tolerances and feed additive 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) 

for 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 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 

commodities. These tolerances were obtained in conjunction with 

the FIFRA registrations.

   1. Section 180.105. EPA is proposing to revoke the following 

tolerances for residues of the insecticide demeton in or on 

the following commodities: 12 parts per million in or on alfalfa 

hay, clover hay; 5 parts per million in or on almond hulls, 

barley (green fodder and straw), fresh alfalfa, fresh clover, 

oats (green fodder and straw), sugar beet tops, and wheat (green 

fodder and straw); 1.25 parts per million in or on grapes, hops; 

0.75 part per million in or on almonds, apples, apricots, barley 

grain, broccoli, brussels sprouts, cabbage, cauliflower, celery, 

cottonseed, filberts, grapefruit, lemons, lettuce, muskmelons, 

nectarines, oat grain, oranges, peaches, pears, peas, pecans, 

peppers, plums (fresh prunes), potatoes, strawberries, tomatoes, 

walnuts, wheat grain; 0.5 part per million in or on sugar beets; 

0.3 part per million in or on beans, eggplants; 0.2 part per 

million in or on sorghum grain, sorghum forage.

   2. Section 186.1600. EPA is proposing to revoke a tolerance 

of 5 parts per million for residues of demeton in dehydrated 

sugar beet pulp for livestock feed.

   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 does not anticipate a residue problem due to 

environmental contamination.

   EPA has no information at this time to suggest that demeton 

is used on food commodities exported to the U.S. Therefore, 

EPA is requesting that interested persons submit information 

pertaining to whether these products are used in foreign countries 

and may be present in commodities grown in those countries and 

imported to the U.S. 

   Within 30 days after publication of this document in the 

Federal Register, 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 demeton may request that this rulemaking proposal as 

it pertains to section 408 tolerances 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. Comments must bear a notation indicating 

the document control number, [OPP-300316]. All written comments 

filed in response to this document will be available in the 

Public Information Branch, at the address given above from 8 

a.m. and 4 p.m., Monday through Friday, except legal holidays. 



Executive Order 12866



   Under Executive Order 12866 (58 FR 51735, Oct. 4, 1993), 

the Agency must determine whether the regulatory action is ``significant'' 

and therefore subject to all the requirements of the Executive 

Order (i.e., Regulatory Impact Analysis, review by the Office 

of Management and Budget (OMB)). Under section 3(f), the order 

defines ``significant'' as those actions likely to lead to 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 known 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 (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 this Executive Order, EPA has determined 

that this rule is not ``significant'' and is therefore not subject 

to OMB review. 



Regulatory Flexibility Act



   The proposed regulatory action 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 a substantial 

number of 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 registrations for use of demeton on food crops 

were canceled more than 3 years ago, it is anticipated that 

no economic impact would occur at any level of business enterprises 

if these tolerances were revoked. 

   Accordingly, I certify that this proposed regulatory action 

does not require a separate regulatory flexibility analysis 

under the Regulatory Flexibility Act.



List of Subjects in 40 CFR Parts 180 and 186



   Administrative practice and procedure, Agricultural commodities, 

Food and feed additives, Pesticides and pests, Reporting and 

recordkeeping requirements.



Dated: January 7, 1994.





Lynn R. Goldman,

Assistant Administrator for Prevention, Pesticides and Toxic 

Substances 

   Therefore, it is proposed that 40 CFR parts 180 and 186 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. 





 180.105   [Removed]



   b. By removing . 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.





 186.1600   [Removed]



   b. By removing . 186.1600 Demeton. 



[FR Doc. 94-1243 Filed 2-18-94; 8:45 am]

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