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ethylan (Perthane) Tolerance Revocation--Final Rule 8/94

40 CFR Part 180

[OPP-300341A; FRL-4899-1]

RIN No. 2070-AB78

1,1-Dichloro-2,2-Bis(p-Ethylphenyl) Ethane; Revocation of Tolerances 

AGENCY: Environmental Protection Agency (EPA). 

ACTION: Final rule.
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SUMMARY: This rule revokes tolerances for residues of the pesticide 
1,1-dichloro-2,2-bis(p-ethylphenyl) ethane (also known as Perthane, 
Ethylan, or diethyl diphenyl dichloroethane, and hereafter referred 
to as Perthane), in or on raw agricultural commodities because 
all registrations of Perthane have been canceled.

EFFECTIVE DATE: This regulation becomes effective September 
30, 1994. 

ADDRESSES: Written objections and hearing requests, identified 
by the document control number [OPP-300341A], 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 should also be 
submitted to: Public Response and Program Resources Branch, 
Field Operations Division (7605C), Office of Pesticide Programs, 
Environmental Protection Agency, 401 M St., SW., Washington, 
DC 20460. In person, deliver objections and hearing requests 
filed with the Hearing Clerk to: Rm. 1128, Crystal Mall #2, 
1921 Jefferson Davis Hwy., Arlington, VA. 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, PA 15251. 

FOR FURTHER INFORMATION CONTACT: By mail: Ann Sibold, Special 
Review and Reregistration Division (7508W), Environmental Protection 
Agency, 401 M St., SW., Washington, DC 20460. Office location 
and telephone number: Special Review Branch, Crystal Station 
#1, 3rd Floor, 2800 Crystal Drive, Arlington, VA, (703)-308-
8033.

SUPPLEMENTARY INFORMATION: This document announces the revocation 
of tolerances established under section 408 of the Federal Food, 
Drug, and Cosmetic Act, 21 U.S.C. 346a, for residues of the 
pesticide Perthane in or on raw agricultural commodities listed 
in 40 CFR 180.139.

   EPA issued a proposed rule, published in the Federal Register 
of June 1, 1994 (59 FR 28326), which proposed the revocation 
of tolerances for residues of Perthane in or on various raw 
agricultural commodities. The Agency's decision to revoke these 
tolerances was based on the fact that all registered uses of 
Perthane have been canceled.
   The Agency believes that sufficient time has passed for legally 
treated agricultural commodities to have gone through the channels 
of trade. Since it is unlikely that Perthane would persist in 
soil, there is no expectation of a residue problem due to environmental 
contamination. Consequently, no action levels are being recommended 
to replace these revoked tolerances.
   No public comments or requests for referral to an advisory 
committee were received in response to the proposed rule.
   Therefore, based on the information considered by the Agency 
and discussed in detail in the June 1, 1994 proposal and in 
this final rule, the Agency is hereby revoking the tolerances 
listed in 40 CFR 180.139 for residues of 1,1-dichloro-2,2-bis(p-
ethylphenyl)ethane (Perthane).

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 Order. 
   Pursuant to the terms of this Executive Order, EPA has determined 
that the rule is not ``significant'' and is therefore not subject 
to OMB review.
   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 a request for a hearing with 
the Hearing Clerk, at the address given above (40 CFR 178.20). 
A copy of the objections and 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 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 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). 
   Pursuant to the terms of this Executive Order, EPA has determined 
that the rule is not ``significant'' and is therefore not subject 
to OMB review. 

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 
economic impact on a substantial number of small businesses, 
small governments, or small organizations. The reasons for this 
conclusion are discussed in the June 1, 1994 proposed rule.

List of Subjects in 40 CFR Part 180

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

Dated: August 19, 1994.

Louis P. True,
Acting Director, Special Review and Reregistration 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.

sec 180.139   [Removed]

   2. By removing sec 180.139 1,1-Dichloro-2,2-bis(p-ethylphenyl)ethane; 
tolerances for residues.

[FR Doc. 94-21357 Filed 8-30-94; 8:45 am]

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