endrin Tolerance Revocation--Final Rule 5/93
Endrin; Revocation of Tolerances
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
SUMMARY: This document revokes the tolerances listed in 40 CFR
180.131 for residues of the insecticide endrin (hexachloroepoxyoctahydro-
endo,endo-dimethanonaphthalene) in or on various raw agricultural
commodities. EPA is initiating this action because all registered
uses of endrin on food/feed commodities have been canceled.
EFFECTIVE DATE: This regulation becomes effective June 9, 1993.
ADDRESSES: Written objections, identified by document control
number, [OPP-300254A], may be submitted to: Hearing Clerk (A110),
Environmental Protection Agency, rm. 3708, 401 M St., SW., Washington,
FOR FURTHER INFORMATION CONTACT: By mail: Jim Downing, Registration
Division (H-7505C), Environmental Protection Agency, 401 M St.,
SW., Washington, DC 20460. Office location and telephone number:
Rm. 718H, CM .2, 1921 Jefferson Davis Hwy., Arlington, VA 22202,
SUPPLEMENTARY INFORMATION: This document announces the revocation
of all tolerances established under section 408 of the Federal
Food, Drug, and Cosmetic Act (FFDCA), 21 U.S.C. 346a, for residues
of the insecticide endrin in or on various raw agricultural
commodities. These tolerances are listed in 40 CFR 180.131.
EPA issued proposed rule, published in the Federal Register
of August 12, 1992 (57 FR 36047), which proposed the revocation
of tolerances for residues of endrin in or on all the raw agricultural
commodities listed in 40 CFR 180.131, as follows: Sugar beets;
sugar beet tops; broccoli; brussels sprouts; cabbage; cauliflower;
cotton seed; cucumbers; eggplant; peppers; potatoes; summer
squash; and tomatoes.
EPA's decision to revoke all endrin tolerances listed in
40 CFR 180.131 was based on the fact that endrin is no longer
domestically registered under FIFRA for use on any food crops,
and a tolerance is generally not necessary for a pesticide chemical
that is not registered for a particular food use.
EPA has reviewed recent endrin residue monitoring data concerning
possible persistence of endrin in the environment, and, based
on these data, EPA will not recommend any action levels for
No public comments or requests for referral to an advisory
committee were received in response to the notice of proposed
Therefore, based on information considered by EPA and discussed
in detail in the August 12, 1992 proposal and in this final
rule, EPA is hereby revoking all tolerances listed in 40 CFR
180.131 for residues of endrin.
Any person adversely affected by this regulation revoking
the tolerances may, within 30 days after publication of this
document in the Federal Register, file written objections and/or
a request for a hearing with the Hearing Clerk, at the address
given above (40 CFR 178.20). 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 each such issue, 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 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).
This document has been reviewed by the Office of Management
and Budget as required by section 3 of Executive Order 12291.
Executive Order 12291
As explained in the proposal published August 12, 1992, the
EPA has determined, pursuant to the requirements of Executive
Order 12291, that removal of these tolerances will not cause
adverse economic impact on significant portions of U.S. enterprises.
Regulatory Flexibility Act
This rulemaking 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
impact on a substantial number of small businesses, small governments,
or small organizations. The reasons for this conclusion are
discussed in the August 12, 1992 proposal.
List of Subjects in 40 CFR Part 180
Administrative practice and procedure, Agricultural commodities,
Pesticides and pests, Reporting and recordkeeping requirements.
Dated: May 28, 1993.
Susan H. Wayland,
Acting Assistant Administrator for Prevention, Pesticides and
Therefore, 40 CFR part 180 is amended as follows:
1. The authority citation for part 180 continues to read
Authority: 21 U.S.C. 346a and 371.
. 180.131 [Removed]
2. By removing . 180.131 Endrin; tolerances for residues.
[FR Doc. 93-13575 Filed 6-8-93; 8:45 am]