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propargite (Omite, Comite) Tolerance Revocation 10/99

  

[Federal Register: November 1, 1999 (Volume 64, Number 210)]
[Rules and Regulations]               
[Page 58792-58793]
>From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01no99-10]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[OPP-300891A; FRL-6390-4]
RIN 2070-AB78

 
Propargite; Partial Stay of Order Revoking Certain Tolerances

 AGENCY: Environmental Protection Agency (EPA).
 ACTION: Partial stay of final rule.
SUMMARY: EPA is staying the revocation of tolerances for propargite on 
apples; and plums (fresh prunes) and is reinstating the tolerances for 
those commodities existing on October 18, 1999 until November 18, 1999. 
A final rule, subject to objections, revoking the tolerances for 
apples; and plums (fresh prunes) was published in the Federal Register 
on July 21, 1999 (64 FR 39068) (FRL-6089-7). EPA received an objection 
to the July 21, 1999 rule, which requested that the Agency modify the 
October 19, 1999 effective date for the final rule as it applied to the 
removal of the commodities apples; and plums (fresh prunes). EPA is 
staying the removal of the tolerances for apples, and plums (fresh 
prunes) effective from October 19, 1999 until November 18, 1999 in 
order to determine whether to grant the request for modification and if 
so, for what length of time. Revocations for the remaining tolerances 
in Sec. 180.259 for apricots; beans, succulent; cranberries; figs; 
peaches; pears; and strawberries, subject to the July 21, 1999 rule 
remain effective October 19, 1999.
DATES: The reinstatement amendments are effective from October 19, 1999 
until November 18, 1999.
FOR FURTHER INFORMATION CONTACT:  For technical information contact: 
Joseph Nevola, Special Review Branch, (7508C), Special Review and 
Reregistration Division, Office of Pesticide Programs, U.S. 
Environmental Protection Agency, 401 M St., SW., Washington, DC 20460. 
Office location: Special Review Branch, CM#2, 6th floor, 1921 Jefferson 
Davis Hwy., Arlington, VA. Telephone: (703) 308-8037; e-mail: 
nevola.joseph@epa.gov.
SUPPLEMENTARY INFORMATION: 

[[Page 58793]]

 I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you are an 
agricultural producer, food manufacturer or pesticide manufacturer. 
Potentially affected categories and entities may include, but are not 
limited to:

------------------------------------------------------------------------
                                                 Examples of Potentially
              Categories                NAICS       Affected Entities
------------------------------------------------------------------------
Industry                                   111  Crop production
                                           112  Animal production
                                           311  Food manufacturing
                                         32532  Pesticide manufacturing
------------------------------------------------------------------------

    This listing is not exhaustive, but is a guide to entities likely 
to be regulated by this action. The North American Industrial 
Classification System (NAICS) codes will assist you in determining 
whether this action applies to you. If you have questions regarding the 
applicability of this action to a particular entity, consult the person 
listed in the ``FOR FURTHER INFORMATION CONTACT'' section.

B. How Can I Get Additional Information, Including Copies of this 
Document and Other Related Documents?

    1. Electronically. You may obtain electronic copies of this 
document, and certain other related documents that might be available 
electronically, from the EPA Internet Home Page at http://www.epa.gov/. 
To access this document, on the Home Page select ``Laws and 
Regulations'' and then look up the entry for this document under the 
``Federal Register--Environmental Documents.'' You can also go directly 
to the Federal Register listings at http://www.epa.gov/fedrgstr/.
    2. In person. The Agency has established an official record for 
this action under docket control number OPP-300891A. The official 
record consists of the documents specifically referenced in this 
action, any public comments received during an applicable comment 
period, and other information related to this action, including any 
information claimed as Confidential Business Information (CBI). This 
official record includes the documents that are physically located in 
the docket, as well as the documents that are referenced in those 
documents. The public version of the official record does not include 
any information claimed as CBI. The public version of the official 
record, which includes printed, paper versions of any electronic 
comments submitted during an applicable comment period, is available 
for inspection in the Public Information and Records Integrity Branch 
(PIRIB), Rm. 119, Crystal Mall #2, 1921 Jefferson Davis Hwy., 
Arlington, VA, from 8:30 a.m. to 4 p.m., Monday through Friday, 
excluding legal holidays. The PIRIB telephone number is (703) 305-5805.

 II. What Action is the Agency Taking?

     In the Federal Register of July 21, 1999 (64 FR 39068), EPA issued 
an order by final rule revoking tolerances in Sec. 180.259 for the use 
of propargite on apples; apricots; beans, succulent; cranberries; figs; 
peaches; pears; plums (fresh prunes); and strawberries. EPA revoked the 
tolerances on the grounds that previous cancellation of the underlying 
uses for propargite rendered the tolerances unnecessary. In the final 
rule, EPA set an effective date of October 19, 1999 for the 
revocations.
    Any person adversely affected by the July 21, 1999 Order was 
allowed 60 days to file written objections to the order and a written 
request for an evidentiary hearing on the objections.
    EPA received an objection from Uniroyal Chemical Company requesting 
EPA to modify the effective date of revocation for propargite on 
apples; and plums (fresh prunes). Uniroyal also requested an 
evidentiary hearing.
    By this document, in Sec. 180.259(a)(1), EPA is staying the removal 
of the tolerances for apples; and plums (fresh prunes) from October 19, 
1999 until November 18, 1999 in order to allow EPA to determine whether 
to grant the request for modification and if so, for what length of 
time. The addition of the entries for hops, dried; and tea, dried into 
the table under paragraph (a)(2) is not affected by this stay. 
Revocations for the remaining tolerances, apricots; beans, succulent; 
cranberries; figs; peaches; pears; and strawberries, subject to the 
July 21, 1999 rule remain effective October 19, 1999.

List of Subjects in 40 CFR Part 180

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

    Dated: October 19, 1999.

Lois Rossi,

Director, Special Review and Reregistration Division, Office of 
Pesticide Programs.
    Therefore, 40 CFR part 180 is amended to read 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. 321(q), 346a and 371.

    b. In Sec. 180.259, the table to paragraph (a)(1) is amended, 
effective from October 19, 1999 until November 18, 1999, by reinstating 
the entries for ``apples'' and ``plums (fresh prunes),'' to read as 
follows:


Sec. 180.259  Propargite; tolerances for residues.

    (a) General. (1) *  *  *

------------------------------------------------------------------------
                                                              Parts per
                         Commodity                             million
------------------------------------------------------------------------
                      *      *      *      *      *
Apples.....................................................            3
                      *      *      *      *      *
Plums (fresh prunes).......................................            7
                      *      *      *      *      *
------------------------------------------------------------------------

*  *  *  *  *

[FR Doc. 99-28488 Filed 10-27-99; 3:01 pm]
BILLING CODE 6560-50-F