[Federal Register Volume 63, Number 54 (Friday, March 20, 1998)]
[Rules and Regulations]
[Pages 13541-13543]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-7311]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[OPP-300613; FRL-5769-8]
RIN 2070-AB78
Acephate; Technical Amendment
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is issuing a technical amendment to the acephate
tolerances to add food additive regulations for use of acephate in food
handling establishments.
DATES: This rule becomes effective March 20, 1998. Written objects and
hearing requests must be received by May 19, 1998.
FOR FURTHER INFORMATION CONTACT: By mail, Jeffrey Morris, Special
Review Branch (7508W), Office of Pesticide Programs, Environmental
Protection Agency, 401 M St., SW., Washington, DC 20460. Office
location, telephone number, and e-mail: 3rd floor, Crystal Station,
2800 Crystal Drive, Arlington, VA 22202, (703) 308-8029; e-mail:
morris.jeffrey@epamail.epa.gov.
ADDRESSES: Written objections and hearing requests, identified by the
docket control number [OPP-300613], must be submitted to: Hearing Clerk
(1900), Environmental Protection Agency, Rm. M3708, 401 M St., SW.,
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 identified by the docket control
number, [OPP-300613], must also be submitted to: Public Information and
Records Integrity Branch, Information Resources and Services Division
(7502C), Office of Pesticide Programs, Environmental Protection Agency,
401 M St., SW., Washington, DC 20460. In person, bring a copy of
objections and hearing requests to Rm. 119, Crystal Mall #2, 1921
Jefferson Davis Highway, Arlington, VA.
A copy of objections and hearing requests filed with the Hearing
Clerk may be submitted electronically by sending electronic mail (e-
mail) to: opp-docket@epamail.epa.gov. Copies of electronic objections
and hearing requests must be submitted as an ASCII file avoiding the
use of special characters and any form of encryption.
[[Page 13542]]
Copies of electronic objections and hearing requests will also be
accepted on disks in WordPerfect 5.1/6.1 or ASCII file format. All
copies of electronic objections and hearing requests must be identified
by the docket control number [OPP-300613]. No Confidential Business
Information (CBI) should be submitted through e-mail. Copies of
electronic objections and hearing requests on this rule may be filed
online at many Federal Depository Libraries.
SUPPLEMENTARY INFORMATION: In the Federal Register of January 14, 1998,
(63 FR 2163) the Office of Pesticide Programs transferred certain of
the pesticide food and feed additive regulations (FRL-5755-9) in parts
185 and 186 to part 180. The consolidation was necessary because,
whereas in the past, tolerances for processed food and animal feeds
regulated under section 409 of the Federal Food, Drug and Cosmetic Act
(FFDCA, 21 U.S.C. 301 et seq.) were placed under parts 185 and 186, as
a matter of law all tolerances are now considered to be regulated under
FFDCA section 408 as amended by the Food Quality Protection Act (Pub.
L. 104-17), and therefore, are being placed under part 180. In the
consolidation of Sec. 185.100 with Sec. 180.108, some of the text from
Sec. 185.100 was inadvertently removed instead of being transferred to
Sec. 180.108. This rule correctly revises Sec. 180.108.
I. Public Record and Electronic Submissions
EPA has established a record for this rulemaking under docket
control number [OPP-300613] (including any comments and data submitted
electronically). A public version of this record, including printed,
paper versions of electronic comments, which does not include any
information claimed as CBI, is available for inspection from 8:30 a.m.
to 4 p.m., Monday through Friday, excluding legal holidays. The public
record is located in Room 119 of the Public Information and Records
Integrity Branch, Information Resources and Services Division (7502C),
Office of Pesticide Programs, Environmental Protection Agency, Crystal
Mall #2, 1921 Jefferson Davis Highway, Arlington, VA.
Electronic comments may be sent directly to EPA at:
opp-docket@epamail.epa.gov.
Electronic comments must be submitted as an ASCII file avoiding the
use of special characters and any form of encryption.
The official record for this rulemaking, as well as the public
version, as described above will be kept in paper form. Accordingly,
EPA will transfer any copies of objections and hearing requests
received electronically into printed, paper form as they are received
and will place the paper copies in the official rulemaking record which
will also include all comments submitted directly in writing. The
official rulemaking record is the paper record maintained at the
Virginia address in ``ADDRESSES'' at the beginning of this document.
II. Regulatory Assessment Requirements
This final rule does not impose any requirements. It only
implements a technical correction to the Code of Federal Regulations
(CFR). As such, this action does not require review by the Office of
Management and Budget (OMB) under Executive Order 12866, entitled
Regulatory Planning and Review (58 FR 51735, October 4, 1993), the
Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et seq., or Executive
Order 13045, entitled Protection of Children from Environmental Health
Risks and Safety Risks (62 FR 19885, April 23, 1997). For the same
reason, it does not require any action under Title II of the Unfunded
Mandates Reform Act of 1995 (UMRA) (Pub. L. 104-4), Executive Order
12875, entitled Enhancing the Intergovernmental Partnership (58 FR
58093, October 28, 1993), or Executive Order 12898, entitled Federal
Actions to Address Environmental Justice in Minority Populations and
Low-Income Populations (59 FR 7629, February 16, 1994). In addition,
since this type of action does not require any proposal, no action is
needed under the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et
seq.).
III. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added 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 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 rule is not a
``major rule'' as defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 180
Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.
Dated: February 19, 1998.
Lois Rossi,
Director, Special Review and Reregistration Division, Office of
Pesticide Programs.
Therefore, 40 CFR chapter I, part 180 is amended as follows:
1. The authority citation for part 180 continues to read as
follows:
Authority: 21 U.S.C. 346a and 371.
2. Section 180.108 is revised to read as follows:
Sec. 180.108 Acephate; tolerances for residues.
(a) General. (1) Tolerances are established for combined residues
of acephate (O,S-dimethyl acetylphosphoramidothioate) and its
cholinesterase-inhibiting metabolite O,S-dimethylphosphura-midothioate
in or on raw agricultural commodities as follows:
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Parts per
Commodity million
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Beans (succulent and dry form, of which no more than 1 ppm
is O,S-dimethyl phosphoramidothioate)...................... 3
Brussels sprouts (of which no more than 0.5 is O, S-dimethyl
phosphoramido-thioate)..................................... 3.0
Cattle, fat................................................. 0.1
Cattle, mbyp................................................ 0.1
Cattle, meat................................................ 0.1
Cauliflower (of which no more than 0.5 is O, S-dimethyl
phosphoramido-thioate)..................................... 2.0
Celery (of which no more than 1 ppm is O,S-dimethyl
phosphoramidothioate)...................................... 10
Cottonseed.................................................. 2
Cottonseed, hulls........................................... 4
Cottonseed, meal............................................ 8
Cranberries (of which no more than 0.1 ppm is 0,S-dimethyl
phosphoramidothioate)...................................... 0.5
Eggs........................................................ 0.1
Goats, fat.................................................. 0.1
Goats, mbyp................................................. 0.1
Goats, meat................................................. 0.1
Grass (pasture & range)..................................... 15
Grass hay................................................... 15
Hogs, fat................................................... 0.1
Hogs, mbyp.................................................. 0.1
Hogs, meat.................................................. 0.1
Horses, fat................................................. 0.1
Horses, mbyp................................................ 0.1
Horses, meat................................................ 0.1
Lettuce (head, of which no more than 1 ppm is O,S-dimethyl
phosphoramidothioate)...................................... 10
Milk........................................................ 0.1
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Mint hay (of which no more than 1 ppm is O,S-dimethyl
phosphoramidothioate)...................................... 15.0
Peanuts..................................................... 0.2
Peppers (of which no more than 1 ppm is O, S-dimethyl
phosphoroamidothioate)..................................... 4.0
Poultry, fat................................................ 0.1
Poultry, mbyp............................................... 0.1
Poultry, meat............................................... 0.1
Sheep, fat.................................................. 0.1
Sheep, mbyp................................................. 0.1
Sheep, meat................................................. 0.1
Soybean, meal............................................... 4
Soybeans.................................................... 1
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(2) A food additive tolerance of 0.02 ppm is established for the
combined residues of acephate (O,S-dimethyl acetylphosphoramidothioate)
and its cholinesterase-inhibiting metabolite, methamidophos as follows:
(i) In or on all food items (other than those already covered by a
higher tolerance as a result of use on growing crops) in food handling
establishments.
(ii) The acephate may be present as a residue from applications of
acephate in food handling establishments, including food service,
manufacturing and processing establishments, such as restaurants,
cafeterias, supermarkets, bakeries, breweries, dairies, meat
slaughtering and packing plants, and canneries in accordance with the
following prescribed conditions:
(A) Application shall be limited solely to spot and/or crack and
crevice treatment in food handling establishments where food and food
products are held, processed, prepared and served. Spray concentration
shall be limited to a maximum of 1.0 percent active ingredient. For
crack and crevice treatments, equipment capable of delivering a pin-
stream of insecticide shall be used. For spot treatments, a coarse,
low-pressure spray shall be used to avoid atomization or splashing of
the spray. Contamination of food or food-contact surfaces shall be
avoided.
(B) To assure safe use of the insecticide, its label and labeling
shall conform to that registered by the U.S. Environmental Protection
Agency, and it shall be used in accordance with such label and
labeling.
(b) Section 18 emergency exemptions. [Reserved]
(c) Tolerances with regional registration. Tolerances with regional
registration, as defined in Sec. 180.1(n), are established for the
combined residues of acephate and its cholinesterase-inhibiting
metabolite in or on the following raw agricultural commodities:
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Parts per
Commodity million
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Macadamia nuts............................................. 0.05
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(d) Indirect or inadvertent residues. [Reserved]
[FR Doc. 98-7311 Filed 3-19-98; 8:45 am]
BILLING CODE 6560-50-F
