98-28485. Revocation of Tolerances for Canceled Food Uses  

  • [Federal Register Volume 63, Number 206 (Monday, October 26, 1998)]
    [Rules and Regulations]
    [Pages 57067-57077]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 98-28485]
    
    
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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:
    
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                                                   Examples of Potentially
                     Category                         Affected Entities
    ------------------------------------------------------------------------
    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 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\1\
    Apricots..................................  7\1\
    Asparagus.................................  7\1\
    Beans.....................................  7\1\
    Blackberries..............................  7\1\
    Bluberries (huckleberries)................  7\1\
    Boysenberries.............................  7\1\
    Cabbage...................................  7\1\
    Cherries..................................  7\1\
    Citrus fruits.............................  7\1\
    Cranberries...............................  7\1\
    Cucumbers.................................  7\1\
    
    [[Page 57073]]
    
    Dewberries................................  7\1\
    Grapes....................................  7\1\
    Guavas....................................  7\1\
    Lettuce...................................  7\1\
    Loganberries..............................  7\1\
    Mangoes...................................  7\1\
    Nectarines................................  7\1\
    Papayas...................................  7\1\
    Peaches...................................  7\1\
    Pears.....................................  7\1\
    Peas......................................  7\1\
    Raspberries...............................  7\1\
    Squash....................................  7\1\
    Tomatoes..................................  7\1\
    Youngberries..............................  7\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-
    (,,-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
    
    
    

Document Information

Effective Date:
1/25/1999
Published:
10/26/1998
Department:
Environmental Protection Agency
Entry Type:
Rule
Action:
Final rule.
Document Number:
98-28485
Dates:
This final rule becomes effective January 25, 1999.
Pages:
57067-57077 (11 pages)
Docket Numbers:
OPP-300733, FRL-6035-6
RINs:
2070-AB78
PDF File:
98-28485.pdf
CFR: (53)
40 CFR 180.101)
40 CFR 180.103
40 CFR 180.106
40 CFR 180.110
40 CFR 180.114
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