Dichlorvos; Stay of Effective Date for Order Revoking Food Additive Regulation

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 185

[OPP-300237B; FRL-4767-3]

RIN No. 2070-AB78

Dichlorvos; Stay of Effective Date for Order Revoking Food

Additive Regulation

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; Stay of effective date.

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SUMMARY: EPA is staying the effective date of an order which was

published in the Federal Register of November 10, 1993 (58 FR 59663)

regarding the revocation of the food additive regulation for

dichlorvos. EPA received a petition to stay the March 10, 1994

effective date for the revocation of the food additive regulation (40

CFR 185.1900). EPA is staying the effective date in order to review the

petition and determine whether to grant a stay, and if so, for what

period.

DATES: Any affected person may submit comments on the petition to stay

on or before March 28, 1994. This stay is effective March 10, 1994.

ADDRESSES: Comments, identified by the document control number, [OPP-

300237B], may be submitted to: OPP Docket, Rm. 1132, Crystal Mall #2,

1921 Jefferson Davis Hwy., Arlington, VA 22202.

FOR FURTHER INFORMATION CONTACT: By mail: Niloufar Nazmi, 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,

Rm. WF31L1, 2800 Jefferson Davis Hwy., Arlington, VA, (703)-308-8028.

SUPPLEMENTARY INFORMATION: In the Federal Register of November 10, 1993

(58 FR 59663), EPA issued an order revoking the food additive

regulation for dichlorvos (2,2-dichlorovinyl dimethyl phosphate), also

known as DDVP, based on the determination that this food additive

regulation is inconsistent with the Delaney Clause which is found in

section 409 of the Federal Food, Drug and Cosmetic Act. In that order,

EPA set an expiration date of March 10, 1994 for the food additive

regulation affected by that order.

Any person adversey affected was given a 30-day opportunity to (1)

file written objections to the order, (2) file a written request for an

evidentiary hearing on the objection, and (3) file a petition for a

stay of the effective date. EPA stated that if any petition for a stay

were received, the Agency would stay the March 10, 1994 effective date

of the order as to the particular food additive regulation for which

the stay was sought for such time as is required to review and make a

determination on the stay petition(s).

AMVAC Chemical Corporation (AMVAC) submitted a petition for a stay

of the effective date of the revocation announced in the November 10,

1993 Federal Register. Therefore, by this document EPA is staying the

effective date of that order until such time as EPA issues its response

to AMVAC's stay petition.

Any comments regarding AMVAC's petition for a stay of the March 10,

1994 effective date for the food additve regulation for DDVP,

identified by the document control number, OPP-300237B, may be forwrded

within 15 days of publication of this Federal Register document to the

OPP docket, Rm. 1132, Crystal Mall #2, 1921 Jefferson Davis Hwy.,

Arlington, VA.

By this document EPA is staying the effective date of the

revocation announced in the November 10, 1993 Federal Register (58 FR

59663).

List of Subjects

Environmental protection, Agricultural commodities, Food additives,

Pesticides and pests, Recording and recordkeeping.

Dated: March 8, 1994.

Victor J. Kimm,

Acting Assistant Administrator for Prevention, Pesticides and Toxic

Substances.

Therefore 40 CFR Chapter I, part 185 is amended as follows:

1. The authority citation for part 185 continues to read as

follows:

Authority: 21 U.S.C. 346a and 348.

185.1900 [Stayed]

2. The revision of Sec. 185.1900, published at 58 FR 59663,

November 10, 1993 is stayed until further notice.

[FR Doc. 94-5821 Filed 3-9-94; 10:33 am]

BILLING CODE 6560-50-F