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Cryolite. October 26, 1998, Revocation of Tolerances for Canceled Food Uses. Final Rule. Federal Register.
http://www.epa.gov/fedrgstr/EPA-PEST/1998/October/Day-26/p28485.htm
[Federal Register: October 26, 1998 (Volume 63, Number 206)]
[Rules and Regulations]
[Page 57067-57077]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26oc98-11]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 180 and 186
[OPP-300733; FRL-6035-6]
RIN 2070-AB78
Revocation of Tolerances for Canceled Food Uses
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: This final rule announces the revocation of tolerances for
residues of the pesticides listed in the regulatory text. EPA is
revoking these tolerances because EPA has canceled the food uses
associated with them. The regulatory actions in this document are part
of the Agency's reregistration program under the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA), and the tolerance reassessment
requirements of the Federal Food, Drug, and Cosmetic Act (FFDCA). By
law, EPA is required to reassess 33% of the tolerances in existence on
August 2, 1996, by August 1999, or about 3,200 tolerances.
DATES: This final rule becomes effective January 25, 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., S.W., Washington, DC 20460.
Office location: Special Review Branch, Crystal Mall #2, 6th floor,
1921 Jefferson Davis Hwy., Arlington, VA. Telephone: (703) 308-8037; e-
mail: nevola.joseph@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Does this document apply to me?
You may be affected by this document if you sell, distribute,
manufacture, or use pesticides for agricultural applications, process
food, distribute or sell food, or implement governmental pesticide
regulations. Pesticide reregistration and other actions [see FIFRA
section 4(g)(2)] include tolerance and exemption reassessment under
FFDCA section 408. In this document, the tolerance actions are final in
coordination with the cancellation of associated registrations.
Potentially affected categories and entities may include, but are not
limited to:
------------------------------------------------------------------------
Examples of Potentially
Category Affected Entities
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Agricultural Stakeholders................. Growers/Agricultural Workers
Contractors [Certified/
Commercial Applicators,
Handlers, Advisors, etc.]
Commercial Processors
Pesticide Manufacturers
User Groups
Food Consumers
Food Distributors......................... Wholesale Contractors
Retail Vendors
Commercial Traders/Importers
Intergovernmental Stakeholders............ State, Local, and/or Tribal
Government Agencies
Foreign Entities.......................... Governments, Growers, Trade
Groups
------------------------------------------------------------------------
This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this table could also be
affected. If you have any questions regarding the applicability of this
action to a particular entity, you can consult with the technical
person listed in the ``FOR FURTHER INFORMATION CONTACT'' section.
II. How can I get additional information or copies of this or other
support documents?
A. Electronically
You may obtain electronic copies of this document and various
support documents from the EPA Internet Home Page at http://
www.epa.gov/. On the Home Page select ``Laws and Regulations'' and then
look up the entry for this document under ``Federal Register -
Environmental Documents.'' You can also go directly to the ``Federal
Register'' listings at http://www.epa.gov/homepage/fedrgstr/.
B. In Person or by Phone
If you have any questions or need additional information about this
action, please contact the technical person identified in the ``FOR
FURTHER INFORMATION CONTACT'' section. In addition, the official record
for this document, including the public version, has been established
under docket control number [OPP-300733], (including comments and data
submitted electronically as described below). A public version of this
record, including printed, paper versions of any electronic comments,
which does not include any information claimed as Confidential Business
Information (CBI), is available for inspection in Room 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 Public
Information and Records Integrity Branch telephone number is 703-305-
5805.
III. Can I challenge the Agency's final decision presented in this
document?
Yes. You can file a written objection or request a hearing by
December 28, 1998, in the following manner:
[[Page 57068]]
A. By Paper
Written objections and hearing requests, identified by the document
control number [OPP-300733, may be submitted to: Hearing Clerk (1900),
Environmental Protection Agency, room M3708, 401 M St., S.W.,
Washington, DC 20460. Fees accompanying objections and hearing requests
shall be labeled ``Tolerance Petition Fees'' and forwarded to: EPA
Headquarters Accounting Operations Branch, OPP (Tolerance Fees), P.O.
Box 360277M, Pittsburgh, PA 15251. A copy of any objections and hearing
requests filed with the Hearing Clerk should be identified by the
document control number and submitted to the Public Information and
Records Integrity Branch, Information Resources and Services Division
(7502C), Office of Pesticide Programs, 401 M St., S.W., Washington, DC
20460. In person, bring a copy of objections and hearing requests to
room 119, CM #2, 1921 Jefferson Davis Hwy., Arlington, VA 22202.
B. Electronically
A copy of objections and hearing requests filed with the Hearing
Clerk may also be submitted electronically by sending e-mail to opp-
docket@epamail.epa.gov, per the instructions given in ``ADDRESSES''
above. Electronic copies of objections and hearing requests must be
submitted as an ASCII file avoiding the use of special characters and
any form of encryption. Copies of objections and hearing requests will
also be accepted on disks in WordPerfect 5.1 or 6.1 file format or
ASCII file format. All copies of objections and hearing requests in
electronic form must be identified by the docket control number [OPP-
300733]. Do not submit CBI through e-mail. Electronic copies of
objections and hearing requests on this rule may be filed online at
many Federal Depository libraries.
IV. What action is being taken?
This final rule revokes the FFDCA tolerances for residues of
certain specified pesticides in or on certain specified commodities.
EPA is revoking these tolerances because they are not necessary to
cover residues of the relevant pesticides in or on domestically treated
commodities or commodities treated outside but imported into the United
States. These pesticides are no longer used on commodities within the
United States and no person has provided comment identifying a need for
EPA to retain the tolerances to cover residues in or on imported foods.
EPA has historically expressed a concern that retention of tolerances
that are not necessary to cover residues in or on legally treated foods
has the potential to encourage misuse of pesticides within the United
States. Thus it is EPA's policy to issue a final rule revoking those
tolerances for residues of pesticide chemicals for which there are no
active registrations under FIFRA, unless any person in comments on the
proposal demonstrates a need for the tolerance to cover residues in or
on imported commodities or domestic commodities legally treated.
EPA is not issuing today a final rule to revoke those tolerances
for which EPA received comments demonstrating a need for the tolerance
to be retained. Generally, EPA will proceed with the revocation of
these tolerances on the grounds discussed above only if, prior to EPA's
issuance of a section 408(f) order requesting additional data or
issuance of a section 408(d) or (e) order revoking the tolerances on
other grounds, commenters retract the comment identifying a need for
the tolerance to be retained or EPA independently verifies that the
tolerance is no longer needed.
Although EPA proposed to revise the tolerances in 40 CFR
180.294(a) for benomyl on apple, apricot, cherry, nectarine, peach,
pear, and plum (fresh prune), from pre- and post-harvest uses to pre-
harvest use, the Agency will not amend those tolerances in this final
rule. The Agency will address amending those tolerances for benomyl in
a subsequent Federal Register document.
The proposed revocation of tolerances in 40 CFR 180.108 for
acephate on grass (pasture and range) and grass hay was in error
(February 5, 1998, 63 FR 5907) (FRL-5743-9). Though the registrants
have requested voluntary deletion of these uses, the 180-day waiting
period for the acceptance of these voluntary use deletions has not yet
expired. Consequently, the Agency will not take action on the
tolerances for acephate on grass (pasture and range) and grass hay in
this final rule, but will address those tolerances in a subsequent
Federal Register document.
In the Federal Register of February 5, 1998 (63 FR 5907), EPA
issued a proposed rule for specific pesticides announcing the proposed
revocation of tolerances for canceled food uses and inviting public
comment for consideration and for support of tolerance retention under
FFDCA standards. The following comments were received by the agency in
response to the document published in the Federal Register of February
5, 1998:
Maneb
1. Comment from Elf Atochem North America, Incorporated. A comment
was received by the Agency from Elf Atochem requesting that the
tolerances for maneb not be revoked on the crops apricots; beans,
succulent; carrots; celery; nectarines; and peaches. Elf Atochem stated
their interest in maintaining the tolerances for import purposes only.
2. Comment from the Canadian Horticulture Council. A comment was
received by the Agency from the Canadian Horticulture Council (CHC)
concerning the proposed tolerance revocation for maneb on celery. The
CHC stated that revocation of the tolerance would create a barrier to
Canadian exports.
Agency response. Because of Elf Atochem's interest, the Agency
will not revoke the tolerances in 40 CFR 180.110 for maneb on apricots;
beans, succulent; carrots; celery; nectarines; and peaches at this
time. This will also address CHC's concern. The Agency will revoke the
tolerances for maneb on rhubarb and spinach.
Ferbam
3. Comment from the CHC. A comment was received by the Agency from
the CHC concerning the proposed tolerance revocations for ferbam on
asparagus, cucumbers, and tomatoes. The CHC stated that revocation of
the tolerances would create a barrier to Canadian exports.
Agency response. The Agency will not revoke the tolerances in 40
CFR 180.114 for ferbam use on asparagus, cucumbers, and tomatoes at
this time.
4. Comment from Interregional Research Project No. 4. A comment
was received by the Agency from Interregional Research Project No. 4.
(IR-4), New Brunswick, NJ, stating that IR-4 is supporting the uses of
ferbam on guava and papaya.
5. Comment from Washington State Department of Agriculture. A
comment was received by the Agency from the Washington State Department
of Agriculture (WSDA) stating that WSDA has an active registration for
ferbam use on boysenberries.
Agency response. Since the Interregional Research Project No. 4
(IR-4) is supporting the ferbam uses on guava and papaya with data and
because FIFRA section 24(c) registration for ferbam use on blackberries
is active in Washington, the Agency will not revoke the tolerances in
40 CFR 180.114 for ferbam use on boysenberry, guava, and papaya. EPA
will revoke the tolerances for ferbam on almonds; beets,
[[Page 57069]]
with tops; beets, without tops; beet greens alone; broccoli; Brussels
sprouts; carrots; cauliflower; celery; collards; corn; currants; dates;
eggplants; gooseberries; kale; kohlrabi; melons; mustard greens;
onions; peanuts; peppers; plums (fresh prunes); pumpkins; quinces;
radishes, with tops; radishes, without tops; radish tops; rutabagas,
with tops; rutabagas, without tops; rutabaga tops; spinach;
strawberries; summer squash; turnips, with tops; turnips, without tops;
and turnip greens.
Fluorine compounds (Cryolite)
6. Comment from WSDA. A comment was received by the Agency from
the WSDA, which stated that it has an active registration for cryolite
use on collards, blackberries, boysenberries, dewberries, loganberries,
and youngberries, and requested that EPA not revoke the tolerances for
those commodities.
Agency response. The proposed tolerance revocation for fluorine
compounds (cryolite) on collards was an error and this tolerance will
not be revoked. There is a FIFRA section 3 registered use on collards
and the use appears in the Cryolite RED document issued August, 1996,
listed as eligible for reregistration. However, there is no FIFRA
section 3 registration for the use of cryolite on any of the berries
listed in the comment above. EPA has sent letters dated May 12, 1998 to
notify the States of Oregon and Washington that the Agency does not
consider the use of cryolite on these small berries to be valid under
section 24(c) for any purposes under FIFRA. Therefore, the tolerances
in 40 CFR 180.145 for cryolite use on blackberries, boysenberries,
dewberries, loganberries, and youngberries will be revoked along with
the tolerances on apples; apricots; beans; beets, tops; carrots; corn;
kale; mustard greens; nectarines; okra; peanuts; pears; peas; quinces;
radish, tops; rutabagas, tops; and turnip, tops.
Diazinon
7. Comments from the European Union, the Oahu Banana Growers
Association, University of Hawaii, and individuals. Comments were
received by the Agency from various sources which requested that the
tolerance for diazinon use on bananas not be revoked. Some cited the
need to control the spread of Banana Bunchy Top Virus (BBTV) disease.
Additionally, a FIFRA section 24(c) registration for diazinon use on
bananas is active in Hawaii.
Agency response. At this time, the Agency will not revoke the
tolerance in 40 CFR 180.153 for diazinon on bananas due to the active
FIFRA section 24(c) registration in Hawaii. Diazinon is currently in
the reregistration process. The tolerance for diazinon use on bananas
will be reviewed with other diazinon tolerances as part of this
process.
Dimethyl (2,2,2-trichloro-1-hydroxyethyl) phosphonate [Trichlorfon]
8. Comments from Bayer Corporation and WSDA. A comment was
received by the Agency from Bayer Corporation initially requesting that
the tolerances for dimethyl (2,2,2-trichloro-1-hydroxyethyl)
phosphonate, called trichlorfon, not be revoked on cattle, fat; cattle,
mbyp; cattle, meat; horses, fat; horses, mbyp; horses, meat; sheep,
fat; sheep, mbyp; and sheep, meat. However, in a follow-up
communication with EPA, Bayer Corporation decided it will limit its
support to the existing cattle tolerances and does so for import
purposes. Also, WSDA requested that the Agency not revoke the
trichlorfon tolerances for use on cattle.
Agency response. The Agency will not revoke the tolerances in 40
CFR 180.198 for trichlorfon on cattle, fat; cattle, mbyp; and cattle,
meat; since Bayer Corporation has committed to support those tolerances
with the appropriate data through an agreement with the Agency. This
will also address WSDA's concern. However, EPA will revoke the other
tolerances for trichlorfon in 40 CFR 180.198 and 186.2325 as listed in
the regulatory text.
Trifluralin
9. Comment from WSDA. A comment was received by the Agency from the
WSDA, which stated that it has active registrations for specific crop-
pesticide combinations, including trifluralin for use on flax and rape,
and requested that EPA not revoke the tolerances for those commodities.
Agency response. While the Agency did not propose to revoke the
tolerances for flax and rape, EPA did propose to revoke the tolerances
for flax, straw; rape, straw; and upland cress. EPA will revoke the
tolerances in 40 CFR 180.207 for trifluralin on flax, straw; and rape,
straw on the grounds that the tolerances are no longer necessary.
Although registered flax and rape uses exist for trifluralin, the
Agency no longer sets separate tolerances on the commodities flax,
straw and rape, straw. Rather, residues on those commodities are
governed by the tolerances on flax and rape, respectively. The
tolerance on upland cress will be addressed in a subsequent Federal
Register document.
2-Chloro-N-isopropylacetanilide [Propachlor]
10. Comment from Monsanto Company. A comment was received by the
Agency from the Monsanto Company, which stated that the proposed
revocation of tolerances for 2-Chloro-N-isopropylacetanilide, called
propachlor, on corn, forage; and corn, grain was erroneous. Monsanto
has active registrations for propachlor use on corn. In a follow- up
communication with EPA, Monsanto stated it would not support the
propachlor tolerance on corn, sweet (K+CWHR).
11. Comment from WSDA. A comment was received by the Agency from
the WSDA, which stated that it has active registrations for specific
crop-pesticide combinations, including propachlor for use on corn, and
requested that EPA not revoke the tolerances for those commodities.
Agency response. EPA acknowledges that the proposed revocation of
tolerances for propachlor on corn, forage; and corn, grain was in error
and these tolerances will be retained. However, there is no legal use
for corn, sweet (K + CWHR) in Washington State or elsewhere in the
U.S.; therefore, the Agency is revoking that corn tolerance in addition
to the other tolerances that were proposed to be revoked in the Federal
Register of February 5, 1998 (63 FR 5907). Consequently, the tolerances
in 40 CFR 180.211 for propachlor on beets, sugar, roots; beets, sugar,
tops; corn, sweet (K+CWHR); cottonseed; flax, seed; flax, straw; peas;
peas, forage; and pumpkins will be revoked.
Simazine
12. Comment from Curtice Burns Foods. A comment was received by
the Agency from Curtice Burns Foods requesting clarification with
regard to simazine application on asparagus for the 1998 growing
season.
13. Comment from Platte Chemical Company. A comment was received
by the Agency from the Platte Chemical Company stating their concerns
with regard to simazine existing stocks and grower groups.
Agency response. EPA will set a revocation date of December 31,
2000 for the simazine artichokes, asparagus, and sugarcane tolerances
in 40 CFR 180.213. There are no active registrations for simazine on
artichokes, asparagus, and sugarcane. However, end users holding
existing stocks of simazine labeled for use on artichokes, asparagus,
and sugarcane will be allowed to use such product until the time the
tolerances are finally revoked (i.e., December 31, 2000), which should
accomodate all existing stocks.
[[Page 57070]]
Naled
14. Comment from WSDA. A comment was received by the Agency from
the WSDA requesting that the tolerance for naled on cucumbers and
legumes not be revoked.
15. Comment from the CHC. A comment was received by the Agency
from the CHC concerning the proposed tolerance revocation for naled on
turnips, tops; lettuce; cucumbers; pumpkins; squash; and tomatoes. The
CHC stated that revocation of the tolerance would create a barrier to
Canadian exports.
16. Comment from Amvac Chemical Corporation and Valent USA
Corporation. A comment was received by the Agency from the Valent USA
Corporation, on behalf of Amvac Chemical Corporation, requesting that
the tolerances for naled on cucumbers, lettuce, and tomatoes be
retained for import purposes. In follow-up communication, Amvac
Chemical confirmed that it will support those tolerances.
Agency response. Because of the comments/concerns received
regarding the proposed revocation of naled tolerances, the Agency will
not revoke the tolerances in 40 CFR 180.215 on cucumbers; legumes,
forage; lettuce; pumpkins; squash, winter; tomatoes; and turnip tops at
this time. The Agency will revoke the tolerances for naled on mushrooms
and rice, for which no comments were received.
Atrazine
17. Comment from WSDA. A comment was received by the Agency from
the WSDA, which stated that it has active registrations for specific
crop-pesticide combinations, including atrazine for use on grass.
Agency response. Drexel Chemical Company has active uses for
atrazine on orchardgrass, pastures, and rangeland. Therefore, EPA will
not revoke the tolerances in 40 CFR 180.220 for atrazine on grass,
range; orchardgrass; and orchardgrass, hay. The Agency will revoke the
tolerances for atrazine on pineapples; pineapples, fodder; pineapples,
forage; proso millet, fodder; proso millet, forage; proso millet,
grain; and proso millet, straw.
Dichlobenil
18. Comment from Uniroyal Chemical Company, Inc. A comment was
received by the Agency from Uniroyal Chemical, which stated that it has
a product label use for cherries and is supporting the tolerance on
sweet and tart cherries, but is not supporting the stone fruit uses,
peaches, plums, prunes, and nectarines. Uniroyal requested that either
the Agency establish a separate tolerance for cherries at 0.15 parts
per million or reinstate the stone fruits tolerance, which covers
cherries, at 0.15 parts per million.
Agency response. The Agency will not revoke the tolerance in 40
CFR 180.231 for dichlobenil on stone fruits until it reviews existing
data on cherries and in addition establishes an appropriate tolerance
level for cherries before revoking the tolerance on stone fruits.
According to the Dichlobenil RED, the stone fruits tolerance should be
revoked concomitant with the establishment of a separate tolerance for
cherries, since the use of dichlobenil on all other stone fruits has
been dropped, and in addition a separate tolerance should be
established on cherries with a value of 0.15 for residues of
dichlobenil and its metabolite 2,6- dichlorobenzamide (BAM) on cherries
until new residue data submissions are evaluated by the Agency.
2,2-Dichlorovinyl dimethyl phosphate [DDVP]
19. Comment from the CHC. A comment was received by the Agency
from the CHC concerning the proposed tolerance revocation for 2,2-
Dichlorovinyl dimethyl phosphate, called dichlorvos or DDVP, on
tomatoes. The CHC stated that revocation of the tolerance would create
a barrier to Canadian exports.
Agency response. The Agency will not revoke the tolerance in 40
CFR 180.235 for dichlorvos (DDVP) on tomatoes at this time. The Agency
will revoke the tolerances for dichlorvos (DDVP) on cucumbers; lettuce;
and radishes.
Methiocarb
20. Comment from California Citrus Quality Council. A comment was
received by the Agency from the California Quality Citrus Council
(CQCC) requesting that the tolerance for 3,5-Dimethyl-4-
(methylthio)phenyl methylcarbamate, called methiocarb, not be revoked
on citrus fruits. The CQCC expressed concerns about potential
adulteration through combination of imported juice concentrate with
domestically produced concentrate.
21. Comment from Gowan Company. A comment was received by the
Agency from Gowan Company requesting that the tolerances for 3,5-
Dimethyl-4- (methylthio)phenyl methylcarbamate, called methiocarb, not
be revoked on corn due to a submitted petition to register the active
ingredient as a corn seed treatment.
Agency response. The Agency will revoke the tolerance in 40 CFR
180.320 for methiocarb use on citrus fruits since there is no
registration of methiocarb for citrus fruits. Also, normally the Agency
receives data on citrus juice, but not juice concentrate. Historically,
the juice concentrate has been considered to be a commodity that will
be diluted with water back to a level equivalent to the juice. Rarely
do pesticide residues concentrate in the juice significantly compared
to the raw fruit, causing a separate tolerance to be set on the juice.
The Agency will revoke the tolerances in 40 CFR 180.320 for
methiocarb use on corn [corn, fodder; corn, forage; corn, fresh (inc.
sweet K+CWHR); corn, grain, field; and corn, grain, pop] due to a
variety of reasons. There are no registered uses for methiocarb on
corn. While Gowan Company expressed an interest in retaining corn
tolerances by submitting a comment to the proposed revocation (February
5, 1998, 63 FR 5907), Gowan has not yet clearly committed to support
the tolerances with sufficient data. Gowan submitted a petition to
register methiocarb for use on corn seed, in September, 1997. Gowan has
not submitted the outstanding data previously required under section
3(c)(2)(B) of FIFRA in support of their proposed use of methiocarb.
Instead, Gowan has proposed that the corn seed use has minor crop use
status and is eligible for data waivers. The Agency denied an earlier
request for such a waiver of data. Additionally, there is no
enforcement analytical method which has been validated at the 0.03 ppm
level of the corn tolerances, a data deficiency in the RED. There are
toxicological data deficiencies as well. If Gowan decides to
reestablish the corn tolerances with sufficient data in the future, it
can submit a formal petition with the appropriate data and the
appropriate fees.
There is no registered use for methiocarb on peaches; therefore
the tolerance will be revoked.
Nitrapyrin
22. Comments from Platte Chemical Company. A comment was received
by the Agency from the Platte Chemical Company requesting that the
tolerance for nitrapyrin use on cottonseed not be revoked. In follow-up
communication, Platte Chemical stated that it would not support that
tolerance.
Agency response. EPA will revoke the tolerance in 40 CFR
180.350(a) for nitrapyrin use on cottonseed and will revoke the
tolerance in 40 CFR 180.350(b) for nitrapyrin on strawberries.
[[Page 57071]]
5-ethoxy-3-(trichloromethyl)-1,2,4-thiadiazole [Etridiazole]
23. Comments from the European Union. Comments were received by
the Agency from the European Union requesting that the tolerance for 5-
ethoxy-3- (trichloromethyl)-1,2,4-thiadiazole, called etridiazole, use
on strawberries not be revoked. In an earlier communication with EPA,
the European Union stated that a clarification of methodology for
commitment in support of tolerance retention was deserved.
Agency response. The Agency will not revoke the tolerance in 40
CFR 180.370 for etridiazole use on strawberries at this time. The
Agency will revoke the tolerance for etridiazole on avocados. EPA is
developing a guidance concerning submissions for import tolerance
support. This guidance will be made available to interested
stakeholders.
Diclofop-methyl
24. Comments from the European Union. Comments were received by
the Agency from the European Union requesting that the tolerance for
diclofop- methyl use on lentils and pea seeds (dry) not be revoked. In
an earlier communication with EPA, the European Union stated that a
clarification of methodology for commitment in support of tolerance
retention was deserved.
Agency response. The Agency will not revoke the tolerances in 40
CFR 180.385 for diclofop-methyl use on lentils and pea seeds (dry) at
this time. The Agency will revoke the tolerances for diclofop-methyl on
flaxseed and soybeans. EPA is developing a guidance concerning
submissions for import tolerance support. This guidance will be made
available to interested stakeholders.
V. When do these actions become effective?
These actions become effective 90 days following publication of a
final rule in the Federal Register. EPA has delayed the effectiveness
of these revocations for 90 days following publication of a final rule
to ensure that all affected parties receive notice of EPA's action.
Consequently, the effective date is January 25, 1999, except where the
date is otherwise indicated, as with simazine. For simazine, the
effective date is December 31, 2000. For this particular final rule,
the actions will affect uses which have been canceled for more than a
year. This should ensure that commodities have cleared the channels of
trade.
Any commodities listed in the regulatory text of this document
that are treated with the pesticides subject to this notice, and that
are in the channels of trade following the tolerance revocations, shall
be subject to FFDCA section 408(1)(5), as established by the Food
Quality Protection Act (FQPA). Under this section, any residue of these
pesticides in or on such food shall not render the food adulterated so
long as it is shown to the satisfaction of FDA that, (1) the residue is
present as the result of an application or use of the pesticide at a
time and in a manner that was lawful under FIFRA, and (2) the residue
does not exceed the level that was authorized at the time of the
application or use to be present on the food under a tolerance or
exemption from tolerance. Evidence to show that food was lawfully
treated may include records that verify the dates that the pesticide
was applied to such food.
VI. How do the regulatory assessment requirements apply to this
action?
A. Is this a ``significant regulatory action''?
No. Under Executive Order 12866, entitled Regulatory Planning and
Review (58 FR 51735, October 4, 1993), this action is not a
``significant regulatory action''. The Office of Management and Budget
(OMB) has determined that tolerance actions, in general, are not
``significant'' unless the action involves the revocation of a
tolerance that may result in a substantial adverse and material affect
on the economy. In addition, this action is not subject to Executive
Order 13045, entitled Protection of Children from Environmental Health
Risks and Safety Risks (62 FR 19885, April 23, 1997), because this
action is not an economically significant regulatory action as defined
by Executive Order 12866. Nonetheless, environmental health and safety
risks to children are considered by the Agency when determining
appropriate tolerances. Under FQPA, EPA is required to apply an
additional 10-fold safety factor to risk assessments in order to ensure
the protection of infants and children unless reliable data supports a
different safety factor.
B. Does this action contain any reporting or recordkeeping
requirements?
No. This action does not impose any information collection
requirements subject to OMB review or approval pursuant to the
Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
C. Does this action involve any ``unfunded mandates''?
No. This action does not impose any enforceable duty, or contain
any ``unfunded mandates'' as described in Title II of the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4).
D. Do Executive Orders 12875 and 13084 require EPA to consult with
States and Indian Tribal Governments prior to taking the action in this
document?
No. Under Executive Order 12875, entitled Enhancing the
Intergovernmental Partnership (58 FR 58093, October 28, 1993), EPA may
not issue a regulation that is not required by statute and that creates
a mandate upon a State, local or tribal government, unless the Federal
government provides the funds necessary to pay the direct compliance
costs incurred by those governments. If the mandate is unfunded, EPA
must provide to the Office of Management and Budget (OMB) a description
of the extent of EPA's prior consultation with representatives of
affected State, local and tribal governments, the nature of their
concerns, copies of any written communications from the governments,
and a statement supporting the need to issue the regulation. In
addition, Executive Order 12875 requires EPA to develop an effective
process permitting elected officials and other representatives of
State, local and tribal governments ``to provide meaningful and timely
input in the development of regulatory proposals containing significant
unfunded mandates.''
Today's rule does not create an unfunded federal mandate on State,
local or tribal governments. The rule does not impose any enforceable
duties on these entities. Accordingly, the requirements of section 1(a)
of Executive Order 12875 do not apply to this rule.
Under Executive Order 13084, entitled Consultation and Coordination
with Indian Tribal Governments (63 FR 27655, May 19,1998), EPA may not
issue a regulation that is not required by statute, that significantly
or uniquely affects the communities of Indian tribal governments, and
that imposes substantial direct compliance costs on those communities,
unless the Federal government provides the funds necessary to pay the
direct compliance costs incurred by the tribal governments. If the
mandate is unfunded, EPA must provide OMB, in a separately identified
section of the preamble to the rule, a description of the extent of
EPA's prior consultation
[[Page 57072]]
with representatives of affected tribal governments, a summary of the
nature of their concerns, and a statement supporting the need to issue
the regulation. In addition, Executive Order 13084 requires EPA to
develop an effective process permitting elected and other
representatives of Indian tribal governments ``to provide meaningful
and timely input in the development of regulatory policies on matters
that significantly or uniquely affect their communities.''
Today's rule does not significantly or uniquely affect the
communities of Indian tribal governments. This action does not involve
or impose any requirements that affect Indian Tribes. Accordingly, the
requirements of section 3(b) of Executive Order 13084 do not apply to
this rule.
E. Does this action involve any environmental justice issues?
No. This action is not expected to have any potential impacts on
minorities and low income communities. Special consideration of
environmental justice issues is not required under Executive Order
12898, entitled Federal Actions to Address Environmental Justice in
Minority Populations and Low-Income Populations (59 FR 7629, February
16, 1994).
F. Does this action have a potentially significant impact on a
substantial number of small entities?
No. The Agency has certified that tolerance actions, including the
tolerance actions in this notice, are not likely to result in a
significant adverse economic impact on a substantial number of small
entities. The factual basis for the Agency's determination, along with
its generic certification under section 605(b) of the Regulatory
Flexibility Act (RFA) (5 U.S.C. 601 et seq.), appears at 63 FR 55565,
October 16, 1998 (FRL-6035-7). This generic certification has been
provided to the Chief Counsel for Advocacy of the Small Business
Administration.
G. Does this action involve technical standards?
No. This tolerance action does not involve any technical standards
that would require Agency consideration of voluntary consensus
standards pursuant to section 12(d) of the National Technology Transfer
and Advancement Act of 1995 (NTTAA), Pub. L. 104-113, section 12(d) (15
U.S.C. 272 note). Section 12(d) directs EPA to use voluntary consensus
standards in its regulatory activities unless to do so would be
inconsistent with applicable law or otherwise impractical. Voluntary
consensus standards are technical standards (e.g., materials
specifications, test methods, sampling procedures, business practices,
etc.) that are developed or adopted by voluntary consensus standards
bodies. The NTTAA requires EPA to provide Congress, through OMB,
explanations when the Agency decides not to use available and
applicable voluntary consensus standards.
H. Are there any international trade issues raised by this action?
EPA is working to ensure that the U.S. tolerance reassessment
program under FQPA does not disrupt international trade. EPA considers
Codex Maximum Residue Limits (MRLs) in setting U.S. tolerances and in
reassessing them. MRLs are established by the Codex Committee on
Pesticide Residues, a committee within the Codex Alimentarius
Commission, an international organization formed to promote the
coordination of international food standards. When possible, EPA seeks
to harmonize U.S. tolerances with Codex MRLs. EPA may establish a
tolerance that is different from a Codex MRL; however, FFDCA section
408(b)(4) requires that EPA explain in a Federal Register document the
reasons for departing from the Codex level. EPA's effort to harmonize
with Codex MRLs is summarized in the tolerance reassessment section of
individual REDs. The U.S. EPA is developing a guidance concerning
submissions for import tolerance support. This guidance will be made
available to interested stakeholders.
I. Is this action subject to review under the Congressional Review
Act?
Yes. The Congressional Review Act, 5 U.S.C. 801 et seq., as
amended by the Small Business Regulatory Enforcement Fairness Act of
1996, generally provides that before a rule may take effect, the agency
promulgating the rule must submit a rule report, which includes a copy
of the rule, to each House of the Congress and to the Comptroller
General of the United States. EPA will submit a report containing this
rule and other required information to the U.S. Senate, the U.S. House
of Representatives, and the Comptroller General of the United States
prior to publication of the rule in the Federal Register. This action
is not a ``major rule'' as defined by 5 U.S.C. 804(2).
List of Subjects
40 CFR Part 180
Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and record
keeping requirements.
40 CFR Part 186
Environmental protection, Animal feeds, Pesticides and pests.
Dated: September 29, 1998.
Jack E. Housenger,
Acting Director, Special Review and Reregistration Division, Office of
Pesticide Programs.
Therefore, 40 CFR parts 180 and 186 are 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. 346a and 371.
Sec. 180.103 [Amended]
b. By removing, in Sec. 180.103, paragraph (a), the entries for
``avocados''; ``garlic''; ``leeks''; ``pimentos''; ``shallots''; and
``taro (corn)''.
Sec. 180.106 [Amended]
c. By removing, in Sec. 180.106, paragraph (a), the entries for
``Bermuda grass'' and ``Bermuda grass, hay''.
Sec. 180.110 [Amended]
d. By removing, in Sec. 180.110, paragraph (a), the entries for
``rhubarb'' and ``spinach''.
e. Section 180.114 is revised to read as follows:
Sec. 180.114 Ferbam; tolerances for residues.
(a) General. Tolerances for residues of the fungicide ferbam
(ferric dimethyl-dithiocarbamate), calculated as zinc
ethylenebisdithiocarbamate, in or on raw agricultural commodities are
established as follows:
------------------------------------------------------------------------
Commodity Parts per million
------------------------------------------------------------------------
Apples.................................... 7\<SUP>1\
Apricots.................................. 7\<SUP>1\
Asparagus................................. 7\<SUP>1\
Beans..................................... 7\<SUP>1\
Blackberries.............................. 7\<SUP>1\
Bluberries (huckleberries)................ 7\<SUP>1\
Boysenberries............................. 7\<SUP>1\
Cabbage................................... 7\<SUP>1\
Cherries.................................. 7\<SUP>1\
Citrus fruits............................. 7\<SUP>1\
Cranberries............................... 7\<SUP>1\
Cucumbers................................. 7\<SUP>1\
[[Page 57073]]
Dewberries................................ 7\<SUP>1\
Grapes.................................... 7\<SUP>1\
Guavas.................................... 7\<SUP>1\
Lettuce................................... 7\<SUP>1\
Loganberries.............................. 7\<SUP>1\
Mangoes................................... 7\<SUP>1\
Nectarines................................ 7\<SUP>1\
Papayas................................... 7\<SUP>1\
Peaches................................... 7\<SUP>1\
Pears..................................... 7\<SUP>1\
Peas...................................... 7\<SUP>1\
Raspberries............................... 7\<SUP>1\
Squash.................................... 7\<SUP>1\
Tomatoes.................................. 7\<SUP>1\
Youngberries.............................. 7\<SUP>1\
------------------------------------------------------------------------
\1\ Some of these tolerances were established on the basis of
data acquired at the public hearings held in 1950 (formerly
Sec. 180.101) and the remainder were established on the basis of
pesticide petitions presented under the procedure specified in the
amendment to the Federal Food, Drug, and Cosmetic Act by Pub. L.
518, 83d Congress (68 Stat. 511).
(b) Section 18 emergency exemptions. [Reserved]
(c) Tolerances with regional registrations. [Reserved]
(d) Indirect or inadvertent residues. [Reserved]
f. In Sec. 180.121, by amending paragraph (a) by adding a heading
and designating the text after the heading as paragraph (a)(1) and
amending the table therein by removing the entries for ``citrus
fruits''; ``sugarcane''; ``sugarcane, fodder''; and ``sugarcane,
forage''; by redesignating paragraph (b) as paragraph (a)(2); and by
adding and reserving with headings new paragraphs (b), (c), and (d) to
read as follows:
Sec. 180.121 Parathion; tolerances for residues.
(a) General. (1) * * *
(b) Section 18 emergency exemptions. [Reserved]
(c) Tolerances with regional registrations. [Reserved]
(d) Indirect or inadvertent residues. [Reserved]
Sec. 180.145 [Amended]
g. By removing, in Sec. 180.145, in paragraph (a)(1), the entries
for ``apples''; ``apricots''; ``beans''; ``beets,tops'';
``blackberries''; ``boysenberries''; ``carrots''; ``corn'';
``dewberries''; ``kale''; ``loganberries''; ``mustard greens'';
``nectarines''; ``okra''; ``peanuts''; ``pears''; ``peas'';
``quinces''; ``radish, tops''; ``rutabaga, tops''; ``turnip, tops'';
and ``youngberries''.
Sec. 180.170 [Removed]
h. By removing Sec. 180.170.
i. In Sec. 180.173, in paragraph (a), the table is revised to read
as follows:
Sec. 180.173 Ethion; tolerances for residues.
(a) * * *
------------------------------------------------------------------------
Commodity Parts per million
------------------------------------------------------------------------
Cattle, fat............................... 2.5
Cattle, mbyp.............................. 1.0
Cattle, meat (fat basis).................. 2.5
Citrus fruits............................. 2.0
Citrus pulp, dehydrated................... 10
Goats, fat................................ 0.2
Goats, mbyp............................... 0.2
Goats, meat............................... 0.2
Hogs, fat................................. 0.2
Hogs, mbyp................................ 0.2
Hogs, meat................................ 0.2
Horses, fat............................... 0.2
Horses, mbyp.............................. 0.2
Horses, meat.............................. 0.2
Milk fat (reflecting (N) residues in milk) 0.5
Raisins................................... 4
Sheep, fat................................ 0.2
Sheep, mbyp............................... 0.2
Sheep, meat............................... 0.2
Tea, dried................................ 10
------------------------------------------------------------------------
* * * * *
j. Section 180.178 is revised to read as follows:
Sec. 180.178 Ethoxyquin; tolerances for residues.
(a) General. A tolerance is established for residues of the plant
regulator ethoxyquin (1,2-dihydro-6-ethoxy-2,2,4-trimethylquinoline)
from preharvest or postharvest use in or on the following commodity:
------------------------------------------------------------------------
Commodity Parts per million
------------------------------------------------------------------------
Pear..................................... 3
------------------------------------------------------------------------
(b) Section 18 emergency exemptions . [Reserved]
(c) Tolerances with regional registrations . [Reserved]
(d) Indirect or inadvertent residues . [Reserved]
k. In Sec. 180.181, by designating the existing text as paragraph
(a), adding a heading to newly designated paragraph (a) and revising
the table; and by adding and reserving with headings paragraphs (b),
(c), and (d) to read as follows:
Sec. 180.181 CIPC; tolerances for residues.
(a) General. * * *
------------------------------------------------------------------------
Commodity Parts per million
------------------------------------------------------------------------
Potato (POST-H)........................... 50
------------------------------------------------------------------------
(b) Section 18 emergency exemptions. [Reserved]
(c) Tolerances with regional registrations. [Reserved]
(d) Indirect or inadvertent residues. [Reserved]
Sec. 180.183 [Amended]
l. By removing, in Sec. 180.183, paragraph (a), the entries for
``alfalfa, fresh''; ``alfalfa, hay''; ``clover, fresh''; and ``clover,
hay''.
Sec. 180.188 [Removed]
m. By removing Sec. 180.188.
n. In Sec. 180.198, by revising the section heading and the table
to read as follows:
Sec. 180.198 Trichlorfon; tolerances for residues.
* * *
------------------------------------------------------------------------
Commodity Parts per million
------------------------------------------------------------------------
Cattle, fat............................... 0.1(N)
Cattle, mbyp.............................. 0.1(N)
Cattle, meat.............................. 0.1(N)
------------------------------------------------------------------------
o. In Sec. 180.200, by revising paragraph (a)(1) to read as
follows:
Sec. 180.200 2,6-Dichloro-4-nitroaniline; tolerances for residues.
(a) General. (1) Tolerances are established for residues of the
fungicide 2,6- dichloro-4-nitroaniline in or on the following raw
agricultural commodities. Unless otherwise specified, these tolerances
prescribed in this paragraph provide for residues from preharvest
application only.
------------------------------------------------------------------------
Commodity Parts per million
------------------------------------------------------------------------
Apricot (PRE- and POST-H)................. 20
Bean, snap................................ 20
Carrot (POST-H)........................... 10
Celery.................................... 15
Cherry, sweet (PRE- and POST-H)........... 20
Cucumber.................................. 5
Endive (escarole)......................... 10
Garlic.................................... 5
Grape..................................... 10
Lettuce................................... 10
Nectarine (PRE- and POST-H)............... 20
Onion..................................... 10
Peach (PRE- and POST-H)................... 20
Plum (fresh prune) (PRE- and POST-H)...... 15
Potato.................................... 0.25
Rhubarb................................... 10
Sweet potato (POST-H)..................... 10
Tomato.................................... 5
------------------------------------------------------------------------
* * * * *
[[Page 57074]]
Sec. 180.206 [Amended]
p. By removing, in Sec. 180.206, paragraph (a), the entries for
``alfalfa, fresh''; ``alfalfa, hay''; ``barley, grain''; ``barley,
straw''; ``Bermuda grass, straw''; ``lettuce''; ``rice''; and
``tomatoes''.
q. In Sec. 180.207, by designating the existing text as paragraph
(a), adding a heading to the newly designated paragraph (a) and
amending the table therein by removing the entries for ``flax, straw'';
and ``rape, straw''; and by adding and reserving with headings
paragraphs (b), (c), and (d) to read as follows:
Sec. 180.207 Trifluralin; tolerances for residues.
(a) General. * * *
(b) Section 18 emergency exemptions. [Reserved]
(c) Tolerances with regional registrations. [Reserved]
(d) Indirect or inadvertent residues. [Reserved]
Sec. 180.209 [Amended]
r. By removing, in Sec. 180.209, paragraph (a), the entry for
``citrus fruits''.
s. In Sec. 180.211, by designating the existing text as paragraph
(a), adding a heading to the newly designated paragraph (a) and
amending the table therein by removing the entries for ``beets, sugar,
roots''; ``beets, sugar, tops''; ``corn, sweet (K+CWHR)'';
``cottonseed''; ``flax, seed''; ``flax, straw''; ``peas (with pods,
determined on peas after removing any pod present when marketed)'';
peas, forage; and pumpkins; and by adding and reserving with headings
paragraphs (b), (c), and (d) to read as follows:
Sec. 180.211 2-Chloro-N-isopropylacetanilide; tolerances for residues.
(a) General. * * *
(b) Section 18 emergency exemptions. [Reserved]
(c) Tolerances with regional registrations. [Reserved]
(d) Indirect or inadvertent residues. [Reserved]
t. In Sec. 180.213, paragraph (a)(1) is revised to read as follows:
180.213 Simazine; tolerances for residues.
(a) General. (1) * * *
------------------------------------------------------------------------
Expiration/
Commodity Parts per million revocation date
------------------------------------------------------------------------
Alfalfa......................... 15................ None
Alfalfa, forage................. 15................ None
Alfalfa, hay.................... 15................ None
Almonds......................... 0.25.............. None
Almonds, hulls.................. 0.25.............. None
Apples.......................... 0.25.............. None
Artichoke,globe................. 0.5............... 12/31/00
Asparagus....................... 10................ 12/31/00
Avocados........................ 0.25.............. None
Bermuda grass................... 15................ None
Bermuda grass, forage........... 15................ None
Bermuda grass, hay.............. 15................ None
Blackberries.................... 0.25.............. None
Blueberries..................... 0.25.............. None
Boysenberries................... 0.25.............. None
Cattle, fat..................... 0.02(N)........... None
Cattle, mbyp.................... 0.02(N)........... None
Cattle, meat.................... 0.02(N)........... None
Cherries........................ 0.25.............. None
Corn, fodder.................... 0.25.............. None
Corn, forage.................... 0.25.............. None
Corn, fresh (inc. sweet K+CWHR). 0.25.............. None
Corn, grain..................... 0.25.............. None
Cranberries..................... 0.25.............. None
Currants........................ 0.25.............. None
Dewberries...................... 0.25.............. None
Eggs............................ 0.02(N)........... None
Filberts........................ 0.25.............. None
Goats, fat...................... 0.02(N)........... None
Goats, mbyp..................... 0.02(N)........... None
Goats, meat..................... 0.02(N)........... None
Grapefruit...................... 0.25.............. None
Grapes.......................... 0.25.............. None
Grass........................... 15................ None
Grass, forage................... 15................ None
Grass, hay...................... 15................ None
Hogs, fat....................... 0.02(N)........... None
Hogs, mbyp...................... 0.02(N)........... None
Hogs, meat...................... 0.02(N)........... None
Horses, fat..................... 0.02(N)........... None
Horses, mbyp.................... 0.02(N)........... None
Horses, meat.................... 0.02(N)........... None
Lemons.......................... 0.25.............. None
Loganberries.................... 0.25.............. None
Macadamia nuts.................. 0.25.............. None
Milk............................ 0.02(N)........... None
Olives.......................... 0.25.............. None
Oranges......................... 0.25.............. None
Peaches......................... 0.25.............. None
Pears........................... 0.25.............. None
Pecans.......................... 0.1(N)............ None
Plums........................... 0.25.............. None
Poultry, fat.................... 0.02(N)........... None
Poultry, mbyp................... 0.02(N)........... None
Poultry, meat................... 0.02(N)........... None
Raspberries..................... 0.25.............. None
Sheep, fat...................... 0.02(N)........... None
Sheep, mbyp..................... 0.02(N)........... None
Sheep, meat..................... 0.02(N)........... None
Strawberries.................... 0.25.............. None
Sugarcane....................... 0.25.............. 12/31/00
Sugarcane, molasses............. 1................. None
Walnuts......................... 0.2............... None
------------------------------------------------------------------------
u. In Sec. 180.214, by designating the existing text as paragraph
(a), adding a heading to the newly designated paragraph (a) and
amending the table therein by removing the entries for ``alfalfa'';
``alfalfa, hay''; ``grass''; ``grass, hay''; ``rice''; and ``rice,
straw''; and by adding and reserving with headings paragraphs (b), (c),
and (d) to read as follows:
Sec. 180.214 Fenthion; tolerances for residues.
(a) General. * * *
(b) Section 18 emergency exemptions. [Reserved]
(c) Tolerances with regional registrations. [Reserved]
(d) Indirect or inadvertent residues. [Reserved]
v. In Sec. 180.215, by designating the existing text as paragraphs
(a)(1) and (2), adding a heading to the newly designated paragraph (a)
and amending the table in paragraph (a)(1) by removing the entries for
``mushrooms''; and ``rice''; and by adding and reserving with headings
paragraphs (b), (c), and (d) to read as follows:
Sec. 180.215 Naled; tolerances for residues.
(a) General. (1) * * *
(2) * * *
(b) Section 18 emergency exemptions. [Reserved]
(c) Tolerances with regional registrations. [Reserved]
(d) Indirect or inadvertent residues. [Reserved]
w. In Sec. 180.217, by designating the existing text as paragraph
(a) and revising, and by adding and reserving with headings paragraphs
(b), (c), and (d) to read as follows:
Sec. 180.217 Ammoniates for [ethylenebis-(dithiocarbamato)] zinc and
ethylenebis [dithiocarbamic acid] bimolecular and trimolecular cyclic
anhydrosulfides and disulfides; tolerances for residues.
(a) General. Tolerances are established for residues of a
fungicide that is a mixture of 5.2 parts by weight of ammoniates of
[ethylenebis (dithiocarbamato)] zinc with 1 part by weight ethylenebis
[dithiocarbamic acid] bimolecular and trimolecular cyclic
anhydrosulfides and disulfides, calculated as zinc
ethylenebisdithiocarbamate, in or on the following raw agricultural
commodities as follows:
------------------------------------------------------------------------
Commodity Parts per million
------------------------------------------------------------------------
Apple..................................... 2.0
Potato.................................... 0.5
------------------------------------------------------------------------
(b) Section 18 emergency exemptions. [Reserved]
(c) Tolerances with regional registrations. [Reserved]
[[Page 57075]]
(d) Indirect or inadvertent residues. [Reserved]
x. In Sec. 180.220, by amending paragraph (a) to add a heading and
designating the existing text as (a)(1) and amending the table therein
by removing the entries for ``pineapples''; ``pineapples, fodder''; and
``pineapples, forage''; by designating paragraph (b) as paragraph
(a)(2) and by removing from the table the entries for ``proso millet,
fodder''; ``proso millet, forage''; ``proso millet, grain''; and
``proso millet, straw''; and by adding and reserving with headings
paragraphs (b), (c), and (d) to read as follows:
Sec. 180.220 Atrazine; tolerances for residues.
(a) General. (1) * * *
(b) Section 18 emergency exemptions . [Reserved]
(c) Tolerances with regional registrations. [Reserved]
(d) Indirect or inadvertent residues. [Reserved]
Sec. 180.222 [Amended]
y. In Sec. 180.222, amending paragraph (a), in the table by
removing the entries for ``corn, fodder, field''; ``corn, fodder,
pop''; ``corn, fodder, sweet''; ``corn, forage, field''; ``corn,
forage, pop''; ``corn, forage, sweet''; and ``corn, fresh (inc. sweet
K+CWHR)''.
z. In Sec. 180.229, by designating the existing text as paragraph
(a) and adding a heading, by removing in the table the entry for
``sugarcane''; and by adding and reserving with headings paragraphs
(b), (c), and (d) to read as follows:
Sec. 180.229 Fluometuron; tolerances for residues.
(a) General. A tolerance is established for negligible residues of
the herbicide fluometuron (1,1-dimethyl-3-
(<greek-a>,<greek-a>,<greek-a>-trifluoro-m -tolyl)urea) in or on the
following raw agricultural commodity:
------------------------------------------------------------------------
Commodity Parts per million
------------------------------------------------------------------------
Cotton, undelinted seed................... 0.1
------------------------------------------------------------------------
(b) Section 18 emergency exemptions. [Reserved]
(c) Tolerances with regional registration. [Reserved]
(d) Indirect or inadvertent residues. [Reserved]
aa. In Sec. 180.231, by designating the existing text as paragraph
(a) and adding a heading, and by adding and reserving with headings
paragraphs (b), (c), and (d) to read as follows:
Sec. 180.231 Dichlobenil; tolerances for residues.
(a) General. * * *
b) Section 18 emergency exemptions. [Reserved]
(c) Tolerances with regional registration. [Reserved]
(d) Indirect or inadvertent residues. [Reserved]
bb. In Sec. 180.235, by amending paragraph (a) by adding a heading
and designating the text after the heading as paragraph (a)(1) and
amending the table therein by removing the entries for ``cucumbers'';
``lettuce''; and ``radishes''; by redesignating existing paragraph (b)
as paragraph (a)(2); and by adding and reserving with headings new
paragraphs (b), (c), and (d) to read as follows:
Sec. 180.235 2,2-Dichlorovinyl dimethyl phosphate; tolerances for
residues.
(a) General. (1) * * *
(b) Section 18 emergency exemptions. [Reserved]
(c) Tolerances with regional registrations. [Reserved]
(d) Indirect or inadvertent residues. [Reserved]
Sec. 180.242 [Amended]
cc. By removing, in Sec. 180.242, paragraph (a)(1), the entry for
``grapes''.
Sec. 180.254 [Amended]
dd. By removing, in Sec. 180.254, paragraph (a), the entry for
``peanuts''.
ee. In Sec. 180.258, by amending paragraph (a) to add a heading and
amending the table therein by removing the entries for ``grapefruit'';
``oranges''; and ``potatoes''; by redesignating paragraph (b) as
paragraph (c) and adding a heading; and by adding and reserving with
headings paragraphs (b) and (d) to read as follows:
Sec. 180.258 Ametryn; tolerances for residues.
(a) General. * * *
(b) Section 18 emergency exemptions. [Reserved]
(c) Tolerances with regional registrations. * * *
(d) Indirect or inadvertent residues. [Reserved]
ff. In Sec. 180.261, by amending paragraph (a) to add a heading and
amending the table therein by removing the entry for ``tomatoes''; by
redesignating paragraph (b) as paragraph (c) and adding a heading; and
by adding and reserving with headings paragraphs (b) and (d) to read as
follows:
Sec. 180.261 Phosmet; tolerances for residues.
(a) General. * * *
(b) Section 18 emergency exemptions. [Reserved]
(c) Tolerances with regional registrations. * * *
(d) Indirect or inadvertent residues. [Reserved]
gg. In Sec. 180.262, by amending paragraph (a) to add a heading and
amending the table therein by removing the entries for ``soybeans'';
``soybeans, forage''; and ``soybeans, hay''; by redesignating paragraph
(b) as paragraph (c) and adding a heading; and by adding and reserving
with headings paragraphs (b) and (d) to read as follows:
Sec. 180.262 Ethoprop; tolerances for residues.
(a) General. * * *
(b) Section 18 emergency exemptions. [Reserved]
(c) Tolerances with regional registrations. * * *
(d) Indirect or inadvertent residues. [Reserved]
hh. In Sec. 180.297, by designating the existing text as paragraph
(a), adding a heading to newly designated paragraph (a) and amending
the table therein by removing the entries for ``cranberries'';
``peanuts''; ``peanuts, hay''; ``soybeans''; and ``soybeans, hay''; and
by adding and reserving with headings paragraphs (b), (c), and (d) to
read as follows:
Sec. 180.297 N-1-Naphthylphthalamic acid; tolerances for residues.
(a) General. * * *
(b) Section 18 emergency exemptions. [Reserved]
(c) Tolerances with regional registrations. [Reserved]
(d) Indirect or inadvertent residues. [Reserved]
ii. In Sec. 180.298, by amending paragraph (a) by adding a heading
and designating the text after the heading as paragraph (a)(1) and
amending the table therein by removing the entries for ``clover'';
``clover, hay''; and ``potatoes''; by redesignating paragraph (b) as
paragraph (a)(2); by adding and reserving with heading new paragraph
(b); by adding a heading to paragraph (c); and by adding and reserving
with heading new paragraph (d) to read as follows:
Sec. 180.298 Methidathion; tolerances for residues.
(a) General. (1) * * *
(b) Section 18 emergency exemptions. [Reserved]
(c) Tolerances with regional registrations. * * *
(d) Indirect or inadvertent residues. [Reserved]
Sec. 180.314 [Amended]
jj. By removing, in Sec. 180.314, the entries for ``grass, canary,
annual, seed''; and ``grass, canary, annual, straw''.
kk. By revising Sec. 180.319 to read as follows:
[[Page 57076]]
Sec. 180.319 Interim tolerances.
While petitions for tolerances for negligible residues are pending
and until action is completed on these petitions, interim tolerances
are established for residues of the listed pesticide chemicals in or on
the following raw agricultural commodities:
----------------------------------------------------------------------------------------------------------------
Tolerance in parts per Raw agricultural
Substance Use million commodity
----------------------------------------------------------------------------------------------------------------
Carbaryl (1-naphthyl N- Insecticide 0.5 Egg.
methylcarbamate and its metabolite 1-
naphthol, calculated as carbaryl..
Coordination product of zinc ion and Fungicide 1.0 (Calculated as zinc Potato.
maneb ...... ethylenebisdithiocarba
mate)..
Endothall (7-oxabicyclo-(2,2,1) Herbicide 0.2 Sugar beet.
heptane 2,3- dicarboxylic acid)..
Isopropyl carbanilate (IPC).......... Herbicide 5.0 Hay of alfalfa, clover,
and grass.
2.0 Alfalfa, clover, and
grass.
0.1 Flaxseed, lentil,
lettuce, pea,
safflower seed,
spinach, and sugar
beet (roots and tops).
0.5 Egg; milk; and the meat
fat, and meat
byproducts of cattle,
goat, hog, horse,
poultry, and sheep.
Isopropyl m-chlorocarbanilate (CIPC) Herbicide 0.3 Spinach.
..............
0.05 Milk; meat, fat, and
meat byproducts of
cattle, hog, horse,
and sheep.
Parathion (O,O-diethyl-O-p- Herbicide.............. 0.5 Rye.
nitrophenythiophos- phate) or its
methyl homolog..
Pentachloronitrobenzene.............. Fungicide.............. 1.0 Peanut.
O=`xl'................. 0.1 Beans, broccoli,
Brussels sprouts,
cabbage, cauliflower,
garlic, pepper,
potato, and tomato.
----------------------------------------------------------------------------------------------------------------
Sec. 180.320 [Removed]
ll. By removing Sec. 180.320.
Sec. 180.330 [Amended]
mm. By removing in Sec. 180.330, paragraph (a), the entries for
``blackberries''; ``raspberries''; ``peas''; ``peas, forage''; ``peas,
hay''; and ``potatoes''.
nn. In Sec. 180.341, by designating the existing text as paragraph
(a), adding a heading to newly designated paragraph (a), by removing
the phrase ``0.15 part per million (ppm) in or on'' and the entries for
``apricots''; ``caneberries (blackberries, boysenberries, dewberries,
loganberries; raspberries)''; ``cantaloupes''; ``cucumbers'';
``gooseberries''; ``honeydew melons''; ``muskmelons''; ``nectarines'';
``peaches''; ``pears''; ``pumpkins''; ``summer squash'';
``watermelons''; and ``winter squash''; and by adding and reserving
with headings paragraphs (b), (c), and (d) to read as follows:
Sec. 180.341 2,4-Dinitro-6-octylphenyl crotonate and 2,6-dinitro-4-
octylphenyl crotonate; tolerances for residues.
(a) General. * * *
(b) Section 18 emergency exemptions. [Reserved]
(c) Tolerances with regional registrations. [Reserved]
(d) Indirect or inadvertent residues. [Reserved]
oo. In Sec. 180.346, by designating the existing text as paragraph
(a), adding a heading to newly designated paragraph (a) and by removing
the entries for ``Brazil nuts''; ``bush nuts''; ``butternuts'';
``cashews''; ``chestnuts''; ``crabapples''; ``filberts'';
``hazelnuts''; ``hickory nuts''; ``macadamia nuts''; ``pears'';
``pecans''; ``pistachio nuts''; ``quinces''; ``rice, grain''; ``stone
fruit''; and ``walnuts''; and by adding and reserving with headings
paragraphs (b), (c), and (d) to read as follows:
Sec. 180.346 Oxadiazon; tolerances for residues.
(a) General. * * *
(b) Section 18 emergency exemptions . [Reserved]
(c) Tolerances with regional registrations . [Reserved]
(d) Indirect or inadvertent residues. [Reserved]
pp. In Sec. 180.349, by amending paragraph (a) to add a heading and
designating the text after the heading as paragraph (a)(1) and amending
the table therein by removing the entries for ``cocoa beans'' and
``soybeans''; by redesignating paragraph (b) as paragraph (a)(2); by
adding and reserving with heading new paragraph (b); by adding a new
heading to paragraph (c); and by adding and reserving with heading new
paragraph (d) to read as follows:
Sec. 180.349 Ethyl 3-methyl-4-(methylthio)phenyl (1-methylethyl)
phosphoroamidate; tolerances for residues.
(a) General. (1) * * *
(2) * * *
(b) Section 18 emergency exemptions. [Reserved]
(c) Tolerances with regional registrations. * * *
(d) Indirect or inadvertent residues. [Reserved]
qq. In Sec. 180.350, by amending paragraph (a) by adding a heading
and removing from the table therein the entry for ``cottonseed'';
removing the existing text under paragraph (b) and reserving with a
heading; and adding and reserving with headings paragraphs (c) and (d)
to read as follows:
Sec. 180.350 Nitrapyrin; tolerances for residues.
a) General. * * *
(b) Section 18 emergency exemptions. [Reserved]
(c) Tolerances with regional registrations. [Reserved]
(d) Indirect or inadvertent residues. [Reserved]
Sec. 180.358 [Removed]
rr. By removing Sec. 180.358.
Sec. 180.366 [Removed]
ss. By removing Sec. 180.366.
tt. In Sec. 180.370, by designating the existing text as paragraph
(a), adding a heading to newly desginated paragraph (a) and amending
the table therein by removing the entry for ``avocados''; and by adding
and reserving with headings paragraphs (b), (c), and (d) to read as
follows:
Sec. 180.370 5-Ethoxy-3-(trichloromethyl)-1,2,4-thiadiazole;
tolerances for residues.
(a) General. * * *
(b) Section 18 emergency exemptions. [Reserved]
(c) Tolerances with regional registrations. [Reserved]
(d) Indirect or inadvertent residues. [Reserved]
[[Page 57077]]
Sec. 180.374 [Removed]
uu. By removing Sec. 180.374.
vv. In Sec. 180.385, by designating the existing text as paragraph
(a), adding a heading to newly designated paragraph (a) and amending
the table therein by removing the entries for ``flaxseed'' and
``soybeans''; and by adding and reserving with headings paragraphs (b),
(c), and (d) to read as follows:
Sec. 180.385 Diclofop-methyl; tolerances for residues.
(a) General. * * *
(b) Section 18 emergency exemptions . [Reserved]
(c) Tolerances with regional registrations . [Reserved]
(d) Indirect or inadvertent residues . [Reserved]
Sec. 180.386 [Removed]
ww. By removing Sec. 180.386.
Sec. 180.387 [Removed]
xx. By removing Sec. 180.387.
yy. In Sec. 180.410, by amending paragraph (a) to add a heading and
in the table, by removing the entries for ``almonds''; ``almond,
hulls''; ``apricots''; ``peaches''; and ``plums (fresh prunes)''; by
redesignating paragraph (b) as paragraph (c) and adding a heading to
newly designated paragraph (c); and by adding and reserving with
headings paragraphs (b) and (d) to read as follows:
Sec. 180.410 1-(4-Chlorophenoxy)-3,3-dimethyl-1(1H-1,2,4-triazol-1-
yl)-2-butanone; tolerances for residues.
(a) General. * * *
(b) Section 18 emergency exemptions. [Reserved]
(c) Tolerances with regional registrations. * * *
(d) Indirect or inadvertent residues. [Reserved]
zz. In Sec. 180.416, by designating the existing text as paragraph
(a) and adding a heading, by removing in the table the entries for
``cattle, fat'', ``cattle, meat'', ``cattle, mbyp'', ``eggs'', ``hogs,
fat'', ``hogs, meat'', ``hogs, mbyp'', horses, fat'', ``horses, meat'',
``horses, mbyp'', ``milk'', ``poultry, fat'', ``poultry, meat'',
``poultry, mbyp'', ``sheep, fat'', ``sheep, meat'', and ``sheep,
mbyp'', and by adding and reserving with headings paragraphs (b), (c),
and (d) to read as follows:
Sec. 180.416 Ethalfluralin; tolerances for residues.
(a) General. * * *
b) Section 18 emergency exemptions . [Reserved]
(c) Tolerances with regional registrations. [Reserved]
(d) Indirect or inadvertent residues. [Reserved]
PART 186--[AMENDED]
2.In part 186:
a. The authority citation for part 186 continues to read as
follows:
Authority: 21 U.S.C. 348.
Sec. 186.2325 [Removed]
b. By removing Sec. 186.2325.
Sec. 186.3000 [Removed]
c. By removing Sec. 186.3000.
[FR Doc. 98-28485 Filed 10-23-98; 8:45 am]
BILLING CODE 6560-50-F