[Federal Register Volume 64, Number 78 (Friday, April 23, 1999)]
[Proposed Rules]
[Pages 19961-19968]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-9725]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 180, 185, and 186
[OPP-300847; FRL-6076-4]
RIN 2070-AC18
Bentazon, Cyanazine, Dicrotophos, Diquat, Ethephon, Oryzalin,
Oxadiazon, Picloram, Prometryn, and Trifluralin; Proposed Revocations
and Changes in Terminology
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed Rule.
-----------------------------------------------------------------------
SUMMARY: This document proposes to revoke specific tolerances for
residues of the herbicides bentazon, cyanazine, diquat, oxadiazon,
picloram, prometryn, and trifluralin; the plant growth regulator
ethephon; and the insecticide dicrotophos. EPA expects to determine
whether any individuals or groups want to support these tolerances. In
addition, EPA is also proposing to revise commodity terminology for
oryzalin, bentazon, diquat, ethephon, picloram, and trifluralin to
conform to current Agency practice. The regulatory actions proposed 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. The regulatory actions proposed in this document
pertain to the proposed revocation of 29 tolerances and/or exemptions,
which would be counted among reassessments made toward the August, 1999
review deadline of FFDCA section 408(q), as amended by the Food Quality
Protection Act (FQPA) of 1996.
DATES: Comments must be received on or before June 22, 1999.
ADDRESSES: Comments may be submitted by mail, electronically, or in
person. Please follow the detailed instructions for each method as
provided in Unit IV of the SUPPLEMENTARY INFORMATION section of this
notice. Be sure to identify the appropriate docket number [OPP-300847].
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., SW., 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. What Is the Progress of Tolerance Reassessment?
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.
The regulatory actions proposed in this document pertain to the
proposed revocation of 29 tolerances and/or exemptions, which would be
counted among reassessments made toward the August, 1999 review
deadline of FFDCA section 408(q), as amended by the Food Quality
Protection Act (FQPA) of 1996.
II. Does this Notice Apply to Me?
You may be affected by this notice 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. Potentially affected categories and entities may
include, but are not limited to:
------------------------------------------------------------------------
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.
III. 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
[[Page 19962]]
identified in the ``FOR FURTHER INFORMATION CONTACT'' section. In
addition, the official record for this notice, including the public
version, has been established under docket control number [OPP-300847],
(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.
IV. How Can I Respond to this Notice?
A. How and to Whom Do I Submit Comments?
You may submit comments through the mail, in person, or
electronically. Be sure to identify the appropriate docket number
(i.e., ``[OPP-300847]'') in your correspondence.
1. By mail. Submit written comments, identified by the docket
control number [OPP-300847], to: Public Information and Records
Integrity Branch, Information Resources and Services Division (7502C),
Office of Pesticide Programs, U.S. Environmental Protection Agency, 401
M St., SW., Washington, DC 20460.
2. In person or by courier. Deliver written comments, identified by
the docket control number [OPP-300847], to: Public Information and
Records Integrity Branch, Office of Pesticide Programs, U.S.
Environmental Protection Agency, Rm. 119, Crystal Mall #2, 1921
Jefferson Davis Hwy., Arlington, VA.
3. Electronically. Submit your comments and/or data electronically
by E-mail to: oppt.ncic@epa.gov. Do not submit any information
electronically that you consider to be CBI. Submit electronic comments
in ASCII file format avoiding the use of special characters and any
form of encryption. Comment and data will also be accepted on standard
computer disks in WordPerfect 5.1/6.1 or ASCII file format. All
comments and data in electronic form must be identified by the
appropriate docket control number [OPP-300847]. You may also file
electronic comments and data online at many Federal Depository
Libraries.
B. How Should I Handle CBI Information in My Comments?
You may claim information that you submit in response to this
document as CBI by marking any part or all of that information as CBI.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2. A copy of the comment that does
not contain CBI must be submitted for inclusion in the public record.
Information not marked confidential will be included in the public
docket by EPA without prior notice. If you have any questions about CBI
or the procedures for claiming CBI, please consult with the technical
person identified in the ``FOR FURTHER INFORMATION CONTACT'' section.
V. What Is a ``Tolerance''?
A ``tolerance'' represents the maximum level for residues of
pesticide chemicals legally allowed in or on raw agricultural
commodities and processed foods. Section 408 of FFDCA, 21 U.S.C. 301 et
seq., as amended by the FQPA of 1996, Pub. L. 104-170, authorizes the
establishment of tolerances (maximum residue levels), exemptions from
the requirement of a tolerance, modifications in tolerances, and
revocation of tolerances for residues of pesticide chemicals in or on
raw agricultural commodities and processed foods. 21 U.S.C. 346(a).
Without a tolerance or exemption, food containing pesticide residues is
considered to be unsafe and therefore ``adulterated'' under section
402(a) of the FFDCA. If food containing pesticide residues is
considered to be ``adulterated,'' you may not distribute the product in
interstate commerce (21 U.S.C. 331(a) and 342(a)). For a food-use
pesticide to be sold and distributed, the pesticide must not only have
appropriate tolerances under the FFDCA, but also must be registered
under section 3, section 5, or section 18 of FIFRA (7 U.S.C. et seq.).
Food-use pesticides not registered in the United States have tolerances
for residues of pesticides in or on commodities imported into the
United States.
Monitoring and enforcement of pesticide tolerances and exemptions
are carried out by the U.S. Food and Drug Administration (FDA) and the
U.S. Department of Agriculture (USDA). This includes monitoring for
pesticide residues in or on commodities imported into the United
States.
VI. Why Is EPA Proposing the Tolerance Actions Discussed below?
EPA is proposing a number of tolerance commodity terminology
changes to conform to current Agency practice, as discussed below. EPA
is also proposing specific tolerance revocations to address canceled
pesticides and uses of pesticides.
It is EPA's general practice to propose revocation of tolerances
for residues of pesticide active ingredients on crop uses for which
FIFRA registrations no longer exist. 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. However, in accordance
with FFDCA section 408, EPA will not revoke any tolerance or exemption
proposed for revocation if any person demonstrates a need for the
retention of the tolerance, and if retention of the tolerance will meet
the tolerance standard established under FQPA. Generally, interested
parties support the retention of such tolerances in order to permit
treated commodities to be legally imported into the United States,
since raw agricultural commodities or processed food or feed
commodities containing pesticide residues not covered by a tolerance or
exemption are considered to be adulterated.
Tolerances and exemptions established for pesticide chemicals with
FIFRA registrations cover residues in or on both domestic and imported
commodities. To retain these tolerances and exemptions, EPA must make a
finding that the tolerances and exemptions are safe. To make this
safety finding, EPA needs data and information indicating that there is
a reasonable certainty that no harm will result from aggregate exposure
to the pesticide residues covered by the tolerances and exemptions.
For tolerances without U.S. registrations, EPA requires the same
toxicology and residue chemistry data needed to support U.S. food-use
registrations. For import tolerances, EPA applies these data
requirements on a case-by-case basis to account for specific growing
conditions in foreign countries. (See 40 CFR part 158 for EPA's data
requirements to support domestic use of a pesticide and the
establishment and maintenance of a tolerance. EPA is developing a
guidance concerning submissions for import tolerance support. This
guidance will be made available to interested persons.) In most cases,
EPA also requires residue chemistry data (crop field trials) that are
representative of growing conditions in exporting countries in the same
manner that EPA requires representative residue chemistry data from
different U.S. regions to support domestic use of a pesticide and any
resulting tolerance(s)
[[Page 19963]]
or exemption(s). Good Laboratory Practice (GLP) requirements for
studies submitted in support of tolerances and exemptions for import
purposes only are the same as those for domestic purposes; i.e., the
studies are required to either fully meet GLP standards, or have
sufficient justification presented to show that deviations from GLP
standards do not significantly affect the results of the studies.
VII. Which Pesticides Are Covered by this Action?
Bentazon (trade name Basagran) is a selective, contact, early
postemergent herbicide registered for use on such food and feed crops
as alfalfa, beans, corn, peanuts, peas, pepper, peppermint, rice,
sorghum, soybeans, and spearmint. Bentazon is also registered for use
on ornamental lawns and turf. It is manufactured by BASF Corporation.
2-[[4-chloro-6-(ethylamino)-s-triazin-2-yl]amino]-2-
methylpropionitrile (Cyanazine; trade names Bladex, Cy-Pro, etc.) is a
selective herbicide used to control annual broadleaf weeds, carpetweed,
chickweed, corn spurry, mayweed, pigweed, and ragweed. It is
manufactured by E.I. DuPont de Nemours and Company, Incorporated and
Griffin Corporation.
Dimethyl phosphate of 3-hydroxy-N,N-dimethyl-cis-crotonamide
(Dicrotophos; trade name Bidrin) is an insecticide used to control
aphids, boll weevils, grasshoppers, gypsy moths, leafhoppers, and
thrips. It is manufactured by Amvac Chemical Corporation.
Diquat (trade name Diquat Herbicide) is a non-selective contact
herbicide, desiccant, and plant growth regulator for use as a general
herbicide of broadleaf and grassy weeds in terrestrial non-crop and
aquatic areas; as a desiccant in seed crops and potatoes; and for
tassel control and spot weed control in sugarcane. Diquat is also used
for aquatic, indoor, greenhouse, and terrestrial food crops; aquatic
non-food industrial, outdoor, greenhouse, and residential; terrestrial
feed crops, and outdoor residential uses. It is manufactured by Zeneca
Ag Products.
Ethephon (trade name Ethrel) is a plant growth regulator registered
for use on a number of terrestrial food, feed, and nonfood crops,
greenhouse nonfood crops, and outdoor residential plants. It is
manufactured by Rhone-Poulenc Ag Company and Cedar Chemical
Corporation.
Oryzalin (trade name Surflan) is a herbicide used to control annual
grasses and broadleaf weeds on berries, vine and orchard crops,
Christmas tree plantations, commercial/industrial and recreation area
lawns, golf course turf, residential lawns and turf, ornamental and/or
shade trees, nonagricultural rights-of-way/fencerows, nonagricultural
uncultivated and industrial areas, power stations, paths/patios and
paved areas. Oryzalin is also used to control herbaceous plants, woody
shrubs, and vines. It is manufactured by DowElanco.
Oxadiazon (trade name Ronstar) is a herbicide used to control
annual broadleaf weeds, barnyardgrass, carpetgrass, carpetweed,
crabgrass, goosegrass, and quackgrass. It is manufactured by Rhone-
Poulenc Ag Company.
Picloram is a systemic herbicide used to control deeply rooted
herbaceous weeds and woody plants in rights-of-ways, forestry,
rangelands, pastures, and small grains. It is manufactured by
DowElanco.
Prometryn (trade names Caparol, Prometryne, etc.) is a herbicide
used to control annual broadleaf weeds, barnyardgrass, carpetweed,
chickweed, cottonweed, crabgrass, foxtail, goosegrass, nutsedge,
pigweed, and ragweed. It is manufactured by Novartis Crop Protection,
Inc. and Verolit Chemical Manufacturers Limited.
Trifluralin (trade names Treflan, Triflurex, etc.) is a preemergent
herbicide used to control annual grasses and broadleaf weeds on a
variety of food crops and is also currently registered for nonfood
uses, including residential use sites. It is manufactured by DowElanco,
Makhteshim-Agan, Industria Prodotti Chimici S.P.A. (I.Pi.Ci.), Tri
Corporation, and Albaugh Inc.
VIII. What Action Is Being Taken?
This notice proposes revocation of FFDCA tolerances for residues of
the herbicides bentazon, 2-[[4-chloro-6-(ethylamino)-s-triazin-2-
yl]amino]-2-methylpropionitrile (cyanazine), diquat, oxadiazon,
picloram, prometryn, and trifluralin; the plant growth regulator
ethephon, and the insecticide dimethyl phosphate of 3-hydroxy-N,N-
dimethyl-cis-crotonamide (dicrotophos) in or on commodities listed in
the regulatory text because these pesticides are not registered under
FIFRA for uses on the commodities. The registrations for these
pesticide chemicals were canceled because the registrant failed to pay
the required maintenance fee and/or the registrant voluntarily canceled
one or more registered uses of the pesticide. It is EPA's general
practice to propose revocation of 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.
Changes in the commodity terminology and definitions are proposed
for the aforementioned active ingredients and oryzalin, which does not
have tolerance revocations proposed in this document, to conform to
current Agency practice. These proposed changes are in accordance with
the revised Crop Group Regulation (40 CFR 180.41) and the updated Table
I ``Raw Agricultural and Processed Commodities and Feedstuffs Derived
from Crops'' (August, 1996) in the Residue Chemistry Test Guidelines:
OPPTS 860.1000 (EPA 721-C-96-169). Table I contains data on both crops
and livestock diets, and lists feed commodities considered significant
in livestock diets. Significant feedstuffs account for more than 99
percent of the available annual tonnage (on-a dry-matter basis) of
feedstuffs used in the domestic production of more than 95 percent of
beef and dairy cattle, poultry, swine, milk, and eggs. EPA has devised
criteria to include or exclude feedstuffs from Table I and sets
tolerances for significant feedstuffs. Tolerances are not set for
feedstuffs which are neither significant nor a human food. Pesticide
residues on such feedstuffs are governed by tolerances on the commodity
from which they are derived (62 FR 66020, December 17, 1997). These
changes are technical in nature and have no effect on the scope of the
tolerance.
1. Bentazon. EPA proposes to revoke the tolerance for beans, lima
(succulent) in 40 CFR 180.355(a) because residues in/on lima beans are
covered under the tolerance for (bean, succulent). EPA proposes to
revoke tolerances for mint, spent hay and peanuts, forage because they
are no longer considered to be significant livestock feed commodities.
According to Table I, mint, spent hay and peanuts, forage are
insignificant contributors to the livestock diet. Terminology changes
for beans (except soybeans), dried to bean, dry, seed; beans (exc.
soybeans), dried, vine hays to cowpea, hay; beans (exc. soybeans),
forage to cowpea, forage; beans, succulent to bean, succulent; Bohemian
chili peppers to pepper, nonbell; cattle, mbyp to cattle, meat
byproducts; corn, fodder to corn, field, stover; corn, forage to corn,
field, forage; corn, grain to corn, field, grain; and corn, pop, grain;
corn, fresh (inc. sweet K+CWHR) to corn, sweet, kernel plus cob with
husks removed; eggs to egg; peanuts to peanut; peanuts, hay to peanut,
hay; peas (dried) to pea, dry, seed; peas (dried), vine hays to pea,
field, hay; peas, forage to pea,
[[Page 19964]]
field, vines; peas, succulent to pea, succulent; poultry, mbyp to
poultry, meat byproducts; and rice to rice, grain are proposed in the
regulatory text.
2. 2-[[4-chloro-6-(ethylamino)-s-triazin-2-yl]amino]-2-
methylpropionitrile; Cyanazine. EPA initiated a Special Review of
cyanazine in November, 1994, based on concerns that cyanazine may pose
a risk of inducing cancer in humans from dietary, occupational, and
residential exposure. On August 2, 1995, E. I. DuPont de Nemours Co.,
Inc. (DuPont) voluntarily proposed to amend its cyanazine registrations
to incrementally reduce cyanazine maximum application rates in 1997,
1998, and 1999, and to terminate production for use in the United
States by December 31, 1999. DuPont would modify the labels of
cyanazine formulated end use products released for shipment by the
registrant after July 25, 1996. Those modified labels would specify the
maximum application rates during the phase-out, inform the public of
the existing stocks provisions, and require the use of application
equipment with enclosed cabs for applicators beginning in 1998. On
November 8, 1995 (60 FR 56333) (FRL-4984-1), EPA announced receipt of a
request from Ciba Geigy Corporation to voluntarily cancel its only
product containing cyanazine effective February 6, 1996. After EPA
initiated Special Review, Griffin Corporation had filed an application
to register certain cyanazine end use products and subsequently agreed
to the terms and conditions of registration that were proposed by
DuPont. EPA granted Griffin's applications and issued conditional
registrations subject to those same terms and conditions. On March 1,
1996 (61 FR 8186) (FRL-5352-6), EPA issued a notice of preliminary
determination to terminate Special Review and a notice of receipt of
requests for voluntary cancellation of cyanazine registrations from
DuPont and from Griffin Corporation.
In the Federal Register of July 25, 1996 (61 FR 39023)(FRL-5385-7)
, EPA announced a final determination to terminate the cyanazine
Special Review. In the same notice, EPA accepted requests for the
voluntary cancellation of cyanazine registrations effective December
31, 1999 and ordered the cancellations to take effect on January 1,
2000, authorized sale and distribution of such products in the channels
of trade in accordance with their labels through September 30, 2002,
and prohibited the use of cyanazine products after December 31, 2002.
Therefore, EPA proposes to revoke the tolerances for cyanazine in 40
CFR 180.307 with an expiration/revocation date of April 1, 2003, to
allow any treated commodities to pass through the channels of trade.
Terminology changes in 40 CFR 180.300(a) for corn, fodder to corn,
field, stover; corn, forage to corn, field, forage; corn, fresh
(including sweet K+CWHR) to corn, sweet, kernel plus cob with husks
removed; corn, grain to corn, field, grain; and corn, pop, grain;
cottonseed to cotton, undelinted seed; sorghum, fodder to sorghum,
grain, stover; sorghum, forage to sorghum, forage, forage; sorghum,
grain to sorghum, grain, grain; and wheat, forage (green) to wheat,
forage are proposed in the regulatory text.
3. Dimethyl phosphate of 3-hydroxy-N,N-dimethyl-cis-crotonamide;
Dicrotophos. EPA proposes to revoke the tolerance for pecans in 40 CFR
180.299. No active registration exists.
4. Diquat. EPA proposes to revoke the tolerance for sugarcane in 40
CFR 180.226(a) because no registered use exists. Also, since the Agency
no longer requires tolerances for residues in potable water (47 FR
25746, December 15, 1982), the tolerance for diquat has been replaced
with a designated maximum contaminant level (MCLG) at 0.02 mg/L for
residues of diquat dibromide in potable water (57 FR 31776, July 17,
1992). Therefore, EPA proposes to revoke the tolerance for diquat in
potable water in 40 CFR 185.2500(a) and the tolerance for diquat in
potable water in Sec. 185.2500(b). In Sec. 180.226(a), the table
commodity terminology is changed for potatoes to potato; and in
Sec. 180.226(b), the table commodity terminology is changed for
avocados to avocado; cottonseed to cotton, undelinted seed; cucurbits
to vegetable, cucurbit, group; fruits, citrus to fruit, citrus, group;
fruits, pome to fruit, pome, group; fruits, stone to fruit, stone,
group; grasses, forage to grass, forage; hops to hop, dried cones;
legumes, forage to vegetable, foliage of legume, group; nuts to nut,
tree, group; sugarcane to sugarcane, cane; vegetables, fruiting to
vegetable, fruiting, group; and vegetables, root crop to vegetable,
root and tuber, group. In Sec. 185.2500, the terminology is changed for
processed potatoes (includes potato chips) to potato, granules/flakes
and potato, chips. These terminology changes are proposed in the
regulatory text.
5. Ethephon. EPA proposes to revoke the tolerances for filberts,
lemons, tangerines, and tangerine hybrids in 40 CFR 180.300(a) because
no registered uses exist. EPA proposes to revoke the tolerances for
pineapple fodder, and pineapple forage, because they are no longer
considered raw agricultural commodities. Terminology changes in 40 CFR
180.300(a) for figs to fig; goats, fat to goat, fat; horses, meat to
horse, meat; macadamia nuts to nut, macadamia; pineapples to pineapple;
pumpkins to pumpkin; and tomatoes to tomato are given in the regulatory
text. Also, terminology changes in 40 CFR 185.2700 for barley, milling
fractions, except flour to barley, pearled barley and barley, bran; and
wheat, milling fractions, except flour to wheat, bran; wheat,
middlings; and wheat, shorts; and in Sec. 186.2700(a) for wheat,
milling fractions, except flour to wheat, milled byproducts are
proposed in the regulatory text.
6. Oryzalin. The terminology revision in 40 CFR 180.304(a) for figs
to fig; kiwifruits to kiwifruit; nuts to nut, tree, group; and olives
to olive are proposed in the regulatory text.
7. Oxadiazon. The tolerance for rice straw in 40 CFR 180.346 is
being proposed for revocation because no registered use exists.
8. Picloram. The tolerances for flax, seed and flax, straw in 40
CFR 180.292 are being proposed for revocation because no registered
uses exist. Terminology changes for cattle, mbyp (exc. kidney and
liver) to cattle, meat byproducts except kidney and liver; eggs to egg;
goats, fat to goat, fat; goats, mbyp (exc. kidney and liver) to goat,
meat byproducts except kidney and liver; goats, meat to goat, meat;
grasses, forage to grass, forage; hogs, mbyp (exc. kidney and liver) to
hog, meat byproducts except kidney and liver; horses, mbyp (exc. kidney
and liver) to horse, meat byproducts except kidney and liver; oats,
green forage to oat, forage; sheep, mbyp (exc. kidney and liver) to
sheep, meat byproducts except kidney and liver; and wheat, green forage
to wheat, forage are proposed in the regulatory text.
9. Prometryn. EPA is proposing to revise the terminology for cotton
in 40 CFR 180.222(a) to cotton, forage and to revoke the tolerance
because cotton, forage is no longer considered a significant livestock
feed commodity according to Table I.
10. Trifluralin. In 40 CFR 180.207 EPA proposes to remove the
``(N)'' designation from all entries to conform to current Agency
administrative practice (``N'' designation means negligible residues).
EPA proposes to revoke the tolerance for barley, fodder because barley,
fodder is no longer considered a raw agricultural commodity.
Terminology changes for carrots to carrot, roots; citrus fruits to
fruit, citrus, group; corn, grain (exc. popcorn) to corn, field, grain;
corn, grain (exc. popcorn), forage to corn,
[[Page 19965]]
field, forage; corn, grain (exc. popcorn), fodder to corn, field,
stover; cottonseed to cotton, undelinted seed; cucurbits to vegetable,
cucurbit, group; grain, crops (except fresh corn and rice grain) to
grain, crops, except corn, sweet and rice grain; mung bean sprouts to
bean, mung, sprouts; nuts to nut, tree, group; peanuts to peanut;
peppermint, hay to peppermint, tops; rape, seed to rapeseed, seed;
spearmint, hay to spearmint, tops; stone fruits to fruit, stone, group;
sugarcane to sugarcane, cane; sunflower seed to sunflower, seed; upland
cress to cress, upland; and vegetables, fruiting to vegetable,
fruiting, group are proposed in the regulatory text.
IX. When Do These Actions Become Effective?
With the exception of cyanazine, for which EPA proposes an
expiration/revocation date of April 1, 2003, EPA proposes that these
actions become effective 90 days following publication of a final rule
in the Federal Register. EPA has proposed delaying 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. For
this particular proposed rule, with the exception of cyanazine, 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.
Therefore, EPA believes revocation after a 90-day period following
publication of a final rule should be reasonable. However, if EPA is
presented with information that there are existing stocks still
available for use, and that information is verifiable, then EPA will
consider extending the expiration date of the tolerance. If you have
comments regarding existing stocks, please submit comments as described
in Unit IV of the SUPPLEMENTARY INFORMATION section of this notice.
Any commodities listed in the regulatory text of this notice 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 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.
X. What Can I Do If I Wish the Agency to Maintain a Tolerance That
the Agency Proposes to Revoke?
In addition to submitting comments in response to this notice, you
may also submit an objection after EPA issues a final rule. If you fail
to file an objection to the final rule within the time period
specified, you will have waived the right to raise any issues resolved
in the final rule. After the specified time, the issues resolved in the
final rule cannot be raised again in any subsequent proceedings.
This proposed rule provides a comment period of 60 days for any
interested person to demonstrate a need for retaining a tolerance, if
retention of the tolerance will meet the tolerance standard established
under FQPA. If EPA receives within that 60-day period a comment to that
effect, EPA will not proceed to revoke the tolerance immediately.
However, EPA will take steps to ensure the submission of any needed
supporting data and will issue an order in the Federal Register under
FFDCA section 408(f) if needed. The order would specify the data
needed, the time frames for its submission, and would require that
within 90 days some person or persons notify EPA that they will submit
the data. If the data are not submitted as required in the order, EPA
will take appropriate action under FIFRA or FFDCA.
XI. How Do the Regulatory Assessment Requirements Apply to this
Proposed 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 proposed 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 proposed 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 proposed 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 Proposed Action Contain Any Reporting or Recordkeeping
Requirements?
No. This proposed 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 Proposed Action Involve Any ``Unfunded Mandates''?
No. This proposed 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
Proposed in this Document?
No. Under Executive Order 12875, entitled Enhancing
Intergovernmental Partnerships (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 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 proposed rule does not create an unfunded Federal mandate
on State, local or tribal governments. The proposed 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 proposed rule.
Under Executive Order 13084, entitled Consultation and Coordination
[[Page 19966]]
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 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 proposed rule does not significantly or uniquely affect the
communities of Indian tribal governments. This proposed 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 proposed rule.
E. Does this Proposed Action Involve Any Environmental Justice Issues?
No. This proposed rule does not involve special considerations of
environmental-justice related issues pursuant to 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 Proposed Action Have a Potentially Significant Impact on a
Substantial Number of Small Entities?
No. The Agency has certified that tolerance actions, including the
tolerance proposed actions in this document, 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 Proposed Action Involve Technical Standards?
No. This tolerance proposed 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. EPA invites public
comment on this conclusion.
H. Are There Any International Trade Issues Raised by this Proposed
Action?
The proposed revocations in this document will not become final if
comments are received which demonstrate the need to maintain the
tolerance to cover residues in or on imported commodities. However,
data must be submitted to support the continued tolerance. The U.S. EPA
is developing a guidance concerning submissions for import tolerance
support. This guidance will be made available to interested persons.
I. Is this Proposed Action Subject to Review under the Congressional
Review Act?
No. This proposed action is not a final rule. Under 5 U.S.C.
801(a)(1)(A) of the Administrative Procedure Act (APA) as amended by
the Small Business Regulatory Enforcement Fairness Act of 1996 (Title
II of Pub. L. 104-121, 110 Stat. 847), only final rules must be
submitted to the U.S. Senate, the U.S. House of Representatives, and
the Comptroller General of the United States prior to publication in
the Federal Register.
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 185
Environmental protection, Food additives, Pesticides and pests.
40 CFR Part 186
Environmental protection, Animal feeds, Pesticides and pests.
Dated: April 12, 1999.
Lois Rossi,
Director, Special Review and Reregistration Division, Office of
Pesticide Programs.
Therefore, it is proposed that 40 CFR parts 180, 185, and 186 be
amended 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. 321(q), 346a and 371.
Sec. 180.207 [Amended]
b. Section Sec. 180.207 is amended as follows:
1. In the table to paragraph (a) remove the ``(N)'' designation
from all entries and remove the entry for ``barley, fodder''. Also,
remove the terms listed in the first column below and add in their
place in alphabetical order the terms listed in the second column:
------------------------------------------------------------------------
Remove Add
------------------------------------------------------------------------
Carrots................................... Carrot, roots
Citrus fruits............................. Fruit, citrus, group
Corn, grain (exc. popcorn)................ Corn, field, grain
Corn, grain (exc. popcorn), fodder........ Corn, field, stover
Corn, grain (exc. popcorn) forage......... Corn, field, forage
Cottonseed................................ Cotton, undelinted seed
Cucurbits................................. Vegetable, cucurbit, group
Grain, crops (except fresh corn and rice Grain, crops, except corn,
grain). sweet and rice grain
Mung bean sprouts......................... Bean, mung, sprouts
Nuts...................................... Nut, tree, group
Peanuts................................... Peanut
Peppermint, hay........................... Peppermint, tops
Rape, seed................................ Rapeseed, seed
Spearmint, hay............................ Spearmint, tops
Stone fruits.............................. Fruit, stone, group
Sugarcane................................. Sugarcane, cane
Sunflower seed............................ Sunflower, seed
Upland cress.............................. Cress, upland
Vegetables, fruiting...................... Vegetable, fruiting, group
------------------------------------------------------------------------
Sec. 180.222 [Amended]
c. In Sec. 180.222, in paragraph (a), the table is amended by
removing the entry for ``cotton.''
[[Page 19967]]
180.226 [Amended]
d. Section 180.226 is amended as follows:
1. In paragraph (a), the table is amended by removing the entry for
``sugarcane'' and revising the term ``potatoes'' to read ``potato''.
2. In the table to paragraph (b) remove the terms listed in the
first column below and add in their place in alphabetical order the
terms listed in the second column below:
------------------------------------------------------------------------
Remove Add
------------------------------------------------------------------------
Avocados.................................. Avocado
Cottonseed................................ Cotton, undelinted seed
Cucurbits................................. Vegetable, cucurbit, group
Fruits, citrus............................ Fruit, citrus, group
Fruits, pome.............................. Fruit, pome, group
Fruits, stone............................. fruit, stone, group
Grasses, forage........................... Grass, forage
Hops...................................... Hop, dried cones
Legumes, forage........................... Vegetable, foliage of
legume, group
Nuts...................................... Nut, tree, group
Sugarcane................................. Sugarcane, cane
Vegetables, fruiting...................... Vegetable, fruiting, group
Vegetables, root crop..................... Vegetable, root and tuber,
group.
------------------------------------------------------------------------
Sec. 180.292 [Amended]
e. In Sec. 180.292, in the table to paragraph (a)(1) remove the
entries for ``flax, seed''; and ``flax, straw'' and remove the entries
listed in the first column of the table below and add the entries
listed in the second column in place thereof in alphabetical order.
------------------------------------------------------------------------
Remove Add
------------------------------------------------------------------------
Cattle, mbyp (exc. kidney and liver)...... Cattle, meat byproducts
except kidney and liver
Eggs...................................... Egg
Goats, fat................................ Goat, fat
Goats, mbyp (exc. kidney and liver)....... Goat, meat byproducts except
kidney and liver
Goats, meat............................... Goat, meat
Grasses, forage........................... Grass, forage
Hogs, mbyp (exc. kidney and liver)....... Hog, meat byproducts except
kidney and liver
Horses, mbyp (exc. kidney and liver)...... Horse, meat byproducts
except kidney and liver
Oats, green forage........................ Oat, forage
Sheep, mbyp (exc. kidney and liver)....... Sheep, meat byproducts
except kidney and liver
Wheat, green forage....................... Wheat, forage
------------------------------------------------------------------------
Sec. 180.299 [Amended]
f. In Sec. 180.299, remove the entry for ``pecans.''
180.300 [Amended]
g. In Sec. 180.300(a) remove from the table the entries for
filberts; lemons; pineapple fodder; pineapple forage; tangerines, and
tangerine hybrids and remove the terms listed in the first column of
the table below and add the term listed in the second column in place
thereof in alphabetical order.
------------------------------------------------------------------------
Remove Add
------------------------------------------------------------------------
Figs...................................... Fig
Goats, fat................................ Goat, fat
Horses, meat.............................. Horse, meat
Macadamia nuts............................ Nut, macadamia
Pineapples................................ Pineapple
Pumpkins.................................. Pumpkin
Tomatoes.................................. Tomato
------------------------------------------------------------------------
h. Section 180.304 is amended as follows:
1. By revising paragraph (a) introductory text to read as follows:
Sec. 180.304 Oryzalin; tolerances for residues.
(a) Tolerances are established for residues of the herbicide
oryzalin (3,5-dinitro-N4,N4-
dipropylsulfanilamide) in or on the following raw agricultural
commodities:
* * * * *
Sec. 180.304 [Amended]
2. In the table to Sec. 180.304(a) remove the terms listed in the
first column below and add in place thereof in alphabetical order the
terms listed in the second column.
------------------------------------------------------------------------
Remove Add In place thereof
------------------------------------------------------------------------
Figs...................................... Fig
Kiwifruits................................ Kiwifruit
Nuts...................................... Nut, tree, group
Olives.................................... Olive
------------------------------------------------------------------------
i. In Sec. 180.307 the table is revised to read as follows:
Sec. 180.307 2-[[4-chloro-6-(ethylamino)-s-triazin-2-yl]amino]-2-
methylpropionitrile; tolerances for residues.
* * * * *
------------------------------------------------------------------------
Expiration/
Commodity Parts per revocation
million date
------------------------------------------------------------------------
Corn, field, forage........................... 0.2 4/1/03
Corn, field, grain............................ 0.05 4/1/03
Corn, field, stover........................... 0.2 4/1/03
Corn, pop, grain.............................. 0.05 4/1/03
Corn, sweet, kernel plus cob with husks 0.05 4/1/03
removed......................................
Cotton, undelinted seed....................... 0.05 4/1/03
Sorghum, forage, forage....................... 0.05 4/1/03
Sorghum, grain, grain......................... 0.05 4/1/03
Sorghum, grain, stover........................ 0.05 4/1/03
Wheat, forage................................. 0.1 4/1/03
Wheat, grain.................................. 0.1 4/1/03
Wheat, straw.................................. 0.1 4/1/03
------------------------------------------------------------------------
Sec. 180.346 [Amended]
j. In Sec. 180.346(a) by removing the entry for ``rice straw.''
Sec. 180.355 [Amended]
k. Section 180.355 is amended as follows:
1. In the table to paragraph (a), remove the entries for ``beans,
lima (succulent)''; ``mint, spent hay'' and ``peanuts, forage''; and
remove the terms listed in the first column below and add in place
thereof in alphabetical order the terms listed in the second column.
------------------------------------------------------------------------
Remove Add
------------------------------------------------------------------------
Beans (except soybeans), dried............ Bean, dry, seed
Beans (exc. soybeans), dried, vine hays... Cowpea, hay
Beans (exc. soybeans), forage............. Cowpea, forage
Beans, succulent.......................... Bean, succulent
Bohemian chili peppers.................... Pepper, nonbell
Cattle, mbyp.............................. Cattle, meat byproducts
Corn, fodder.............................. Corn, field, stover
Corn, forage.............................. Corn, field, forage
Corn, fresh (inc. sweet K+CWHR)........... Corn, sweet, kernel plus cob
with husks removed
Corn, grain............................... Corn, field, grain
Eggs...................................... Egg
Peanuts................................... Peanut
Peanuts, hay.............................. Peanut, hay
Peas (dried).............................. Pea, dry, seed
Peas (dried), vine hays................... Pea, field, hay
Peas, forage.............................. Pea, field, vines
Peas, succulent........................... Pea, succulent
Poultry, mbyp............................. Poultry, meat byproducts
Rice...................................... Rice, grain
------------------------------------------------------------------------
2. Section 180.355 is further amended by adding alphabetically an
entry to the table in paragraph (a) for corn, pop, grain to read as
follows:
Sec. 180.355 Bentazon; tolerances for residues.
(a) * * *
[[Page 19968]]
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
* * * * *
Corn, pop, grain........................................... 0.05
* * * * *
------------------------------------------------------------------------
PART 185--[AMENDED]
2. In part 185:
a. The authority citation for part 185 continues to read as
follows:
Authority: 21 U.S.C. 348.
b. By revising Sec. 185.2500 to read as follows:
Sec. 185.2500 Diquat.
A food additive regulation of 0.5 part per million is established
for residues of diquat in potato, granules/flakes and potato, chips.
Sec. 185.2700 [Amended]
c. In Sec. 185.2700, the table is revised to read as follows:
Sec. 185.2700 Ethephon.
* * * * *
------------------------------------------------------------------------
Food Parts per million
------------------------------------------------------------------------
Barley, pearled barley and barley, bran... 5.0
Sugarcane, molasses....................... 1.5
Wheat, bran, wheat, middlings, and wheat, 5.0
shorts.
------------------------------------------------------------------------
PART 186--[AMENDED]
3. In part 186:
a. The authority citation for part 186 continues to read as
follows:
Authority: 21 U.S.C. 348.
Sec. 186.2700 [Amended]
b. In Sec. 186.2700(a) by revising the term, ``wheat, milling
fractions, except flour'' to read ``wheat, milled byproducts''.
[FR Doc. 99-9725 Filed 4-22-99; 8:45 am]
BILLING CODE 6560-50-F
