Propionic Acid; Exemptions from the Requirement of a Tolerance
[Federal Register: February 8, 1995]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[PP 8F3634/R1069; FRL-3734-9]
RIN 2070-AB78
Propionic Acid; Exemptions from the Requirement of a Tolerance
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: This rule establishes exemptions from the requirement of a
tolerance for residues of propionic acid when used as a fungicide in
postharvest application in or on the following raw agricultural
commodities (RACs): cottonseed, peanuts, rice grain, and soybeans.
Stop-Shock, Inc., requested these exemptions.
EFFECTIVE DATE: This regulation becomes effective February 8, 1995.
ADDRESSES: Written objections and hearing requests, identified by the
document control number [PP 8F3634/R1069], 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. 1132, 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: Cynthia Giles-Parker, Product
Manager (PM) 22, Registration Division (7505C), Environmental
Protection Agency, 401 M St., SW., Washington, DC 20460. Office
location and telephone number: Rm. 227, CM #2, 1921 Jefferson Davis
Highway, Arlington, VA 22202, (703-305-5540).
SUPPLEMENTARY INFORMATION: In the Federal Register of February 14, 1990
(55 FR 5229), EPA issued a proposed exemption from the requirement of a
tolerance under 40 CFR 180.1023 for residues of propionic acid in or on
the following raw agricultural commodities: cotonseed, peanuts, rice
grain, and soybeans.
No public comments or requests for referral to an advisory
committee were received in response to the notice of proposed
rulemaking.
The data submitted in the petition and other relevant material have
been evaluated and discussed in the proposed rule. Propionic acid is to
be applied without dilution and immediately after harvest by use of
low-pressure nozzles to achieve uniform coverage as the commodity
passes by the spraying applicator. The purpose of the postharvest
application is to prevent fungal growth in and on the freshly harvested
commodity.
Therefore, based on the information considered by the Agency and
discussed in detail in the proposed rule, and that [[Page 7459]] the
exemptions from the requirement of a tolerance for residues of
propionic acid in or on cottonseed, peanuts, rice grain, and soybeans
would protect the public health, the Agency is establishing the
exemptions 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 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).
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.
Pursuant to the Regulatory Flexibility Act (Pub. L. 96-354, 94
Stat. 1164, 5 U.S.C. 601 et seq.), 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: January 30, 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. Section 180.1023 is revised, to read as follows:
Sec. 180.1023 Propionic acid; exemptions from the requirement of a
tolerance.
(a) Postharvest application of propionic acid or a mixture of
methylene bispropionate and oxy(bismethylene) bisproprionate when used
as a fungicide is exempted from the requirement of a tolerance for
residues in or on the following raw agricultural commodities: Alfalfa,
barley grain, Bermuda grass, bluegrass, brome grass, clover, corn
grain, cowpea hay, fescue, lespedeza, lupines, oat grain, orchard
grass, peanut hay, peavine hay, rye grass, sorghum grain, soybean hay,
sudan grass, timothy, vetch, and wheat grain.
(b) Propionic acid is exempt from the requirement of a tolerance
for residues in or on meat and meat byproducts of cattle, sheep, hogs,
goats, horses, and poultry, milk, and eggs when applied as a
bactericide/fungicide to livestock drinking water, poultry litter, and
storage areas for silage and grain.
(c) Postharvest application of propionic acid when used as a
fungicide is exempted from the requirement of a tolerance for residues
in or on the following raw agricultural commodities: Cottonseed,
peanuts, rice grain, and soybeans.
[FR Doc. 95-2820 Filed 2-7-95; 8:45 am]
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