demeton (Systox) Proposed Revocation of Tolerance and Regulations 2/94
40 CFR Parts 180 and 186
RIN No. 2070-AC18
Demeton; Proposed Revocation of Tolerances and Feed Additive
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,
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,
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
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
Dated: January 7, 1994.
Lynn R. Goldman,
Assistant Administrator for Prevention, Pesticides and Toxic
Therefore, it is proposed that 40 CFR parts 180 and 186 be
amended as follows:
1. In part 180:
a. The authority citation for part 180 continues to read
Authority: 21 U.S.C 346a and 371.
b. By removing . 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.
b. By removing . 186.1600 Demeton.
[FR Doc. 94-1243 Filed 2-18-94; 8:45 am]