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Dimethoate - Pesticide Tolerance—Final Rule 7/95

[Federal Register: August 16, 1995 (Volume 60, Number 158)] [Rules and
Regulations]
[Page 42446-42447]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[OPP-300390A; FRL-4967-6]
RIN 2070-AB78
Dimethoate; Pesticide Tolerance
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: This document establishes an import tolerance for total residues
of the insecticide dimethoate including its oxygen analog in or on the raw
agricultural commodity blueberries. EPA is issuing this regulation on its
own initiative pursuant to a project to harmonize certain tolerances with
those established by the Canadian government.

EFFECTIVE DATE: This regulation becomes effective August 16, 1995.

ADDRESSES: Written objections and hearing requests, identified by the
document control number, [OPP-300390A], may be submitted to: Hearing Clerk
(1900), Environmental Protection Agency, Rm. M3708, 401 M St., SW.,
Washington, DC 20460. Fees accompanying objections and hearing requests
shall be labeled "Tolerance Petition Fees" and forwarded to: EPA
Headquarters Accounting Operations Branch, OPP (Tolerance Fees), P.O. Box
360277M, Pittsburgh, PA 15251. 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 requests to: Rm. 1132, CM #2,
1921 Jefferson Davis Hwy., Arlington, VA 22202.
A copy of objections and hearing requests filed with the Hearing Clerk may
also be submitted electronically by sending electronic mail (e-mail) to:
opp-docket@epamail.epa.gov.
 Copies of objections and hearing requests must
be submitted as an ASCII file avoiding the use of special characters and
any form of encryption. Copies of objections and hearing requests will also
be accepted on disks in WordPerfect in 5.1 file format or ASCII file
format. All copies of objections and hearing requests in electronic form
must be identified by the docket number [OPP-300390A]. No Confidential
Business Information (CBI) should be submitted through e-mail. Electronic
copies of objections and hearing requests on this rule may be filed online
at many Federal Depository Libraries. Additional information on electronic
submissions can be found below in this document.

FOR FURTHER INFORMATION CONTACT: By mail: Robert Forrest, Product Manager
(PM) 14, Registration Division (7505C), Environmental Protection Agency,
401 M St., SW., Washington, DC 20460. Office location and telephone number:
Rm. 259, 1921 Jefferson Davis Hwy., Arlington, VA 22202, (703)-305-6600; e-
mail: forrest.robert@epamail.epa.gov.

SUPPLEMENTARY INFORMATION: In the Federal Register of June 23, 1995 (60 FR
32641), EPA issued a proposed rule that gave notice that on its own
initiative and pursuant to section 408(e) of the Federal Food, Drug and
Cosmetic Act (FFDCA), 21 U.S.C. 346a(e), EPA proposed to amend 40 CFR
180.204 by establishing an import tolerance for total residues of the
insecticide dimethoate including its oxygen anaolog in or on the raw
agricultural commodity blueberries at 1 part per million (ppm). As part of
the Canada-U.S. Trade Agreement (CUSTA), and through the Pesticides
Technical Working Group's Maximum Residue Limit (MRL) Harmonization Pilot
Project, the Canadian government has requested that the U.S. establish a
tolerance of 1 ppm for residues of dimethoate in or on blueberries. The
insecticide is registered for use on blueberries in Canada, but not in the
U.S. The Canadian tolerance is 1 ppm. The Agency has reviewed Canadian crop
field trial residue data and determined that they are adequate to support
an import tolerance.

[[Page 42447]]

There were no comments or requests for referral to an advisory committee
received in response to the proposed rule.
The data submitted with 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 will
protect the public health. Therefore, the tolerance is established as set
forth below.
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 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).
A record has been established for this rulemaking under docket number [OPP-
300390A] (including any objections and hearing requests submitted
electronically as described below). A public version of this record,
including printed, paper versions of electronic comments, which does not
include any information claimed as CBI, is available for inspection from 8
a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The
public record is located in Room 1132 of the Public Response and Program
Resources Branch, Field Operations Division (7506C), Office of Pesticide
Programs, Environmental Protection Agency, Crystal Mall #2, 1921 Jefferson
Davis Highway, Arlington, VA.
Written objections and hearing requests, identified by the document control
number [OPP-300390A], may be submitted to the Hearing Clerk (1900),
Environmental Protection Agency, Rm. 3708, 401 M St., SW., Washington, DC
20460.
A copy of electronic objections and hearing requests filed with the Hearing
Clerk can be sent directly to EPA at:
opp-Docket@epamail.epa.gov.

A copy of electronic objections and hearing requests filed with the Hearing
Clerk must be submitted as an ASCII file avoiding the use of special
characters and any form of encryption.
The official record for this rulemaking, as well as the public version, as
described above will be kept in paper form. Accordingly, EPA will transfer
any objections and hearing requests received electronically into printed,
paper form as they are received and will place the paper copies in the
official rulemaking record which will also include all objections and
hearing requests submitted directly in writing. The official rulemaking
record is the paper record maintained at the address in "ADDRESSES" at
the beginning of this document.
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 Part 180

Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and recordkeeping
requirements.

Dated: July 25, 1995.

Stephen L. Johnson,
Director, Registration Division, Office of Pesticide Programs.

Therefore, 40 CFR part 180 is amended as follows:

PART 180--[AMENDED]

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

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

2. In Sec. 180.204, by amending paragraph (a) by adding and alphabetically
inserting the following commodity, to read as follows:

Sec. 180.204 Dimethoate including its oxygen analog; tolerances for
residues.

(a) * * *

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Parts per
Commodity	million
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*	*	*	*	*
Blueberries1\.............................................	1
*	*	*	*	*
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1\There are no U.S. registrations as of August 16, 1995.

* * * * *

[FR Doc. 95-20013 Filed 8-15-95; 8:45 am] BILLING CODE 6560-50-F