96-16587. Glyphosate; Proposed Revision of Tolerances  

  • [Federal Register Volume 61, Number 125 (Thursday, June 27, 1996)]
    [Proposed Rules]
    [Pages 33469-33474]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 96-16587]
    
    
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    ENVIRONMENTAL PROTECTION AGENCY
    40 CFR Parts 180, 185 and 186
    
    [OPP-300433; FRL-5380-9]
    RIN 2070-AC18
    
    
    Glyphosate; Proposed Revision of Tolerances
    
    AGENCY: Environmental Protection Agency (EPA).
    
    ACTION: Proposed rule.
    
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    SUMMARY: EPA has completed the reregistration process and issued a 
    Reregistration Eligibility Decision document (RED) for the herbicide 
    glyphosate (N-phosphonomethyl glycine). In the reregistration process, 
    all information to support a pesticide's continued registration is 
    reviewed for
    
    [[Page 33470]]
    
    adequacy and, when needed, supplemented with new scientific studies. 
    Based on the RED tolerance assessments for glyphosate and subsequent 
    comments, EPA is proposing to revise food and feed tolerances, food 
    additive regulations and feed additive regulations. In addition, this 
    document proposes to revise the tolerance expression for residues of 
    glyphosate for all glyphosate food and feed tolerances, food additive 
    regulations and feed additive regulations.
    DATES: Written comments, identified by the docket control number OPP-
    300433, must be received on or before August 26, 1996.
    
    ADDRESSES: By mail, submit comments to Public Response and Program 
    Resources Branch, Field Operations Division (7506C), Office of 
    Pesticide Programs, 401 M St., SW., Washington, DC 20460. In person, 
    deliver comments to Rm. 1132, Crystal Mall #2, 1921 Jefferson Davis 
    Highway, Arlington, VA 22202.
        Comments and data may also be submitted electronically by sending 
    electronic mail (e-mail) to: opp-docket@epamail.epa.gov. Electronic 
    comments must be submitted as an ASCII file avoiding the use of special 
    characters and any form of encryption. Comments and data will also be 
    accepted on disks in WordPerfect 5.1 file format or ASCII file format. 
    All comments and data in electronic form must be identified by the 
    docket number OPP-300433. No Confidential Business Information (CBI) 
    should be submitted through e-mail. Electronic comments on this 
    proposed rule may be filed online at many Federal Depository Libraries. 
    Additional information on electronic submissions can be found in the 
    SUPPLEMENTARY INFORMATION section of this document.
    FOR FURTHER INFORMATION CONTACT: By mail: Paul Parsons, Special Review 
    and Reregistration Division (7508W), Environmental Protection Agency, 
    401 M St., SW., Washington, DC 20460. Office location, telephone 
    number, and e-mail address: Special Review Branch, Crystal Station #1, 
    3rd floor, 2800 Crystal Drive, Arlington, VA. Telephone (703) 308-8037, 
    e-mail: parsons.paul@epamail.epa.gov.
    SUPPLEMENTARY INFORMATION
    
    I. Legal Authorization
    
        The Federal Food, Drug, and Cosmetic Act (FFDCA) [21 U.S.C. 301 et 
    seq.] authorizes the establishment of tolerances (maximum legal residue 
    levels) and exemptions from the requirement of a tolerance for residues 
    of pesticide chemicals in or on raw agricultural commodities pursuant 
    to section 408 [21 U.S.C. 346(a)]. Without such tolerances or 
    exemptions, a food containing pesticide residues is considered to be 
    ``adulterated'' under section 402 of the FFDCA, and hence may not 
    legally be moved in interstate commerce [21 U.S.C. 342]. To establish a 
    tolerance or an exemption under section 408 of the FFDCA, EPA must make 
    a finding that the promulgation of the rule would ``protect the public 
    health'' [21 U.S.C. 346a(b)]. To establish food additive regulations 
    (FARs) to cover pesticide residues in processed foods under section 409 
    of FFDCA, EPA must determine that the proposed use of the food additive 
    will be safe (21 U.S.C. 348). For a pesticide to be sold, distributed, 
    and used in the production of food crops, animals, or processed food, 
    the pesticide must not only have appropriate tolerances or FARs under 
    the FFDCA, but also must be registered under the Federal Insecticide, 
    Fungicide, and Rodenticide Act (FIFRA, 7 U.S.C. 136 et seq.).
        In 1988, Congress amended the Federal Insecticide, Fungicide and 
    Rodenticide Act (FIFRA) and required EPA to review and reassess the 
    potential hazards arising from currently registered uses of pesticides 
    registered prior to November 1, 1984. As part of this process, the 
    Agency must determine whether a pesticide is eligible for 
    reregistration and if any subsequent actions are required to fully 
    attain reregistration status. EPA has chosen to include in the 
    reregistration process a reassessment of existing tolerances or 
    exemptions from the need for a tolerance. Through this reassessment 
    process, EPA can determine whether a tolerance must be amended, 
    revoked, or established, or whether an exemption from the requirement 
    of one or more tolerances must be amended or is necessary.
        The procedure for establishing, amending, or repealing tolerances 
    or exemptions from the requirement of tolerances is set forth in the 
    Code of Federal Regulations at 40 CFR part 177 through 180. The 
    Administrator of EPA or any person may initiate an action proposing to 
    establish, amend, revoke, or exempt a tolerance for a pesticide 
    registered for food uses. Each petition or request for a new tolerance, 
    an amendment to an existing tolerance, or a new exemption from the 
    requirement of a tolerance must be accompanied by a fee or a request 
    for a waiver of such fee. Current Agency policy on tolerance actions 
    arising from the reregistration process is to administratively process 
    some actions without requiring payment of a fee; this waiver of fees 
    applies to revisions or revocations of established tolerances, and to 
    proposed exemptions from the requirement of a tolerance if the proposed 
    exemption requires the concurrent revocation of an established 
    tolerance. Comments submitted in response to the Agency's published 
    proposals are reviewed; the Agency then publishes its final 
    determination regarding the specific tolerance actions.
    
    II. Regulatory Background and Proposed Actions
    
    A. Regulatory Background
    
        The tolerance proposals described in this action follow the 
    Agency's tolerance reassessment that was completed and included in the 
    Reregistration Eligibility Decision (RED) for glyphosate dated 
    September 1993. While the reassessment determined that many tolerances 
    established for glyphosate are adequate and supported by sufficient 
    data, many changes are needed to other glyphosate tolerances for 
    various reasons, including: increasing or decreasing existing 
    tolerances based on new data, harmonizing with CODEX when appropriate, 
    and revising commodity terminology, Crop Group designations, and 
    definitions that are not in accordance with the revised Crop Group 
    Regulation (40 CFR part 180, 60 FR 26626, May 17, 1995; FRL-4939-9) or 
    with the final 860 Series Residue Chemistry Guidelines (860.1000) 
    published as public drafts on August 25, 1995 (60 FR 44343) (formerly 
    Table II of Subdivision O, Residue Chemistry, of the Pesticide 
    Assessment Guidelines). Also, this notice will correct any errors in 
    the RED tolerance reassessment.
        Several maximum residue limits (MRLs) for glyphosate have been 
    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 the Agency has sufficient data to make a determination that the 
    risk is not unreasonable, EPA seeks to harmonize U.S. tolerances with 
    CODEX MRLs. CODEX regulates glyphosate per se while the United States 
    regulates the combined residues of glyphosate and its metabolite 
    aminomethylphosphonic acid (AMPA). The Agency has determined that AMPA 
    no longer needs to be regulated and therefore is proposing to delete it 
    from the tolerance expression. Based on this determination, the 
    expression of the U.S. tolerances and the CODEX MRLs will be the same.
        This document also takes into account final tolerance actions taken 
    subsequent
    
    [[Page 33471]]
    
    to the RED. The first of these actions was establishment of a tolerance 
    of 25 ppm on almond, hulls, 1 ppm on the tree nuts crop group, 5 ppm on 
    wheat, grain, 85 ppm on wheat, straw, and 20 ppm on wheat milling 
    fractions (except flour) on July 7, 1993 (58 FR 36358). Wheat milling 
    fractions have subsequently been renamed wheat bran, middlings, and 
    shorts.
        The second group of actions was published in the Federal Register 
    April 5, 1996 (61 FR 15192; FRL-5351-1). That final rule established or 
    amended tolerances for alfalfa and soybeans and their associated 
    commodities, sunflowers, animal kidneys, and citrus fruit and 
    associated commodities, revoked the tolerance for soybean straw, and 
    deleted AMPA from the tolerance expression for all tolerances affected 
    by the notice. This document proposes to include the tolerance for 
    alfalfa forage and alfalfa hay in the tolerance for the non-grass 
    animal feeds group, forage and hay.
        This document amends 40 CFR 180.364, 185.3500, and 186.3500.
        B. Proposed Actions
        1. AMPA. The food and feed tolerances currently listed in 40 CFR 
    180.364(a), (b), and (c), and the food additive and feed additive 
    regulations listed in 40 CFR 185.3500 and in 40 CFR 186.3500 are for 
    the combined residues of glyphosate and its metabolite (AMPA) resulting 
    from the application of glyphosate and its salts for herbicidal or 
    plant growth regulation purposes. Upon receipt and review of additional 
    toxicological data, EPA has determined that AMPA is no longer of 
    toxicological concern. EPA bases this conclusion on a 90-day feeding 
    study in rats (EPA MRID #241351) which shows the very low toxicity of 
    AMPA. Therefore, there is no need to monitor levels of AMPA residue and 
    EPA is proposing to delete this compound from the tolerance expression 
    in 40 CFR 180.364(a), (b), and (c), 185.3500 and in 186.3500.
        The tolerances currently listed in Sec. 180.364(d), which were 
    established after the issuance of the RED in September 1993, do not 
    include AMPA in the tolerance expression. Therefore, the tolerances now 
    in Sec. 180.364(d) are proposed to be incorporated in Sec. 180.364(a), 
    and Sec. 180.364(d) will be deleted.
        2. Negligible residue terminology. Some tolerances currently listed 
    under 40 CFR 180.364(a) are described as being negligible residues, 
    denoted ``N.'' The Agency no longer uses negligible residue 
    terminology, and so this notice proposes to delete references to 
    negligible residues. These deletions do not change the numerical value 
    of the tolerances. The current tolerances affected by this proposed 
    change are grain crops (except wheat); grasses, forage; leafy 
    vegetables; seed and pod vegetables; seed and pod vegetables, forage; 
    and seed and pod vegetables, hay.
        3. Revisions to tolerances and food and feed additive regulations. 
    The RED identified the need to revise or revoke tolerances and food or 
    feed additive regulations for glyphosate. These proposed actions are 
    based on new data which indicate that a change is needed in the 
    tolerance or food and feed additive regulations. When possible, EPA has 
    sought to harmonize tolerances and food and feed additive regulations 
    with CODEX MRLs.
        The dietary risk resulting from the changes proposed in the RED do 
    not result in an unreasonable risk. The Agency estimates chronic 
    dietary risks for noncancer endpoints by comparing dietary exposure to 
    the Reference Dose (RfD). The RfD is an estimate of the daily oral 
    exposure to humans over a lifetime that is not expected to result in 
    adverse health effects. The RfD is based on the determination of a 
    critical effect from a review of all toxicity data and a judgment of 
    uncertainty. In the case of glyphosate, the RfD is 2 mg/kg body weight/
    day, based on a no-observed effect level (NOEL) of 175 mg/kg 
    bodyweight/day from a developmental toxicity study in rabbits, and an 
    uncertainty factor of 100 to account for extrapolation from animal data 
    to humans and variability in the human population. Using conservative 
    assumptions, glyphosate residues represent 1.4 percent of the RfD.
        The following sections describe the proposed substantive changes in 
    the glyphosate tolerances and food and feed additive regulations.
        a. Food and feed tolerances: 40 CFR 180.364(a). i. Commodity name 
    changes. EPA has changed the name of the commodity acerola to Barbados 
    cherry, and the name of the commodity genip to marmaladebox.
        ii. Cotton forage. EPA proposes to revoke the tolerance for cotton 
    hay and cotton forage since these are no longer used as livestock feed 
    items.
        iii. Forage grasses. In accordance with the revised Crop Group 
    Regulation (40 CFR part 180) (60 FR 26626, May 17, 1995), the grass 
    forage, fodder, and hay group now includes all of the forage grasses 
    for which tolerances have been established. EPA proposes to replace the 
    established tolerances for forage grasses (0.2 ppm); grasses, forage 
    (0.2 ppm); Bahiagrass; Bermudagrass; bluegrass; bromegrass; fescue; 
    orchardgrass; ryegrass; timothy; and wheatgrass (all currently set at 
    200 ppm), with a tolerance for residues in or on the grass forage, 
    fodder, and hay group at 100 ppm. The available field data indicate 
    that following registered use, residues in or on the grass forage, 
    fodder, and hay group are greater than 0.2 ppm but will not exceed 100 
    ppm, so the higher tolerance level of 200 ppm is unnecessary.
        iv. Kiwifruit. EPA proposes to decrease the tolerance for kiwifruit 
    from 0.2 ppm to 0.1 ppm. The Agency has re-examined field data to 
    support this tolerance, and its reconsideration shows that this value 
    will be appropriate and will harmonize with the Codex Maximum Residue 
    Levels (MRLs).
        v. Okra. Okra was included in the now-obsolete seed and pod 
    vegetables crop group, which has been replaced by ``legume vegetables 
    (succulent or dried) group.'' This new group does not include okra. 
    Therefore, EPA proposes to establish a tolerance for okra at the same 
    level as before, 0.2 ppm.
        vi. Root vegetables. The Monsanto Company, sole technical 
    registrant of glyphosate, noted that all of the representative 
    commodities (carrot, potato, radish, and sugar beet) for the Root and 
    Tuber Vegetables Crop Group have established tolerances at 0.2 ppm. 
    Therefore, EPA proposes to establish a tolerance of 0.2 ppm for this 
    Crop Group. The listings for individual commodities in this crop group 
    (Jerusalem artichoke, garden beet, chicory root, carrot, horseradish, 
    parsnip, potato, radish, rutabaga, salsify, sugar beet, sweet potato, 
    turnip, and true yam), do not need to be listed separately in 
    Sec. 180.364(a), and so will be deleted.
        vii. Sapote. Sapote has been a general term for a number of 
    different tropical fruits. EPA proposes to replace the tolerance for 
    sapote at 0.2 ppm with separate tolerances for black sapote and white 
    sapote, already established at 0.2 ppm, and mamey sapote, also at 0.2 
    ppm.
        viii. Small fruits and berries. EPA proposes to establish separate 
    tolerances for strawberries, cranberries and grapes at 0.2 ppm. All 
    three commodities were members of the former small fruits and berries 
    group, which has been revised to no longer include them.
        ix. Seed and pod vegetables; legume crops. EPA proposes to replace 
    the existing tolerances for alfalfa (200 ppm), alfalfa fresh and hay 
    (0.2 ppm), clover (200 ppm), and forage legumes (except soybeans and 
    peanuts) (0.4 ppm) with a tolerance of 200 ppm for residues in or on 
    the non-grass animal feeds (forage, fodder, straw, and hay) group, 
    which now includes these commodities. In
    
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    establishing this group tolerance, EPA has considered field data to 
    show that this value is appropriate. EPA also proposes to include the 
    tolerance for alfalfa forage (75 ppm) and alfalfa hay (200 ppm), 
    published in the Federal Register April 5, 1996 (61 FR 15192) in the 
    non-grass animal feeds group, forage and hay (200 ppm) and to delete 
    the individual tolerances for alfalfa forage and alfalfa hay.
        EPA proposes to replace the established crop group tolerances for 
    the now-obsolete crop group ``seed and pod vegetables'' with ``legume 
    vegetables (succulent or dried) group (except soybeans),'' and to 
    increase these tolerances from 0.2 ppm to 5 ppm. The Agency has 
    considered field data to show that this value is appropriate and will 
    harmonize with the Codex MRLs. Soybeans are excluded from the legume 
    vegetable crop group because the use pattern for soybeans is different 
    from other legume vegetables, resulting in higher residues. Notice of a 
    final rule revising tolerances for soybeans and associated commodities 
    was published in the Federal Register April 5, 1996 (61 FR 15192).
        b. Food and feed tolerances: 40 CFR 180.364(b). EPA proposes to 
    revoke the tolerance for peanut, hulls (shells) since these are no 
    longer used as a livestock feed item.
        EPA proposes to increase the U.S. tolerance for cattle, liver from 
    0.5 ppm to 2.0 ppm; and to increase the U.S. tolerance for hogs, liver 
    from 0.5 ppm to 1.0 ppm. The Agency has considered livestock residue 
    data to show that these values are appropriate, and will harmonize with 
    the Codex MRLs.
        c. Food and feed tolerances: 40 CFR 180.364(c). EPA proposes to 
    establish a tolerance for okra at 0.1 ppm. Okra is a nonleguminous 
    member of the now-obsolete seed and pod vegetables crop group, which 
    has been replaced by ``legume vegetables (succulent or dried) group.'' 
    This new group does not include okra. There are no other changes to 
    these tolerances except in crop terminology.
        d. Food and feed tolerances: 40 CFR 180.364(d). There are no other 
    changes to these tolerances except in crop terminology.
        e. Food additive regulations: 40 CFR 185.3500. There are no changes 
    to these food additive regulations except in crop terminology.
        f. Feed additive regulations: 40 CFR 186.3500. EPA proposes to 
    revoke the tolerance for citrus, molasses, since this is no longer used 
    as a livestock feed item. There are no other changes to these feed 
    additive regulations except in crop terminology.
        4. Revising commodity definitions. Many current glyphosate 
    tolerances and food or feed additive regulations include commodity 
    terminology, crop group designations or definitions that are not in 
    accordance with the revised Crop Group Regulation (40 CFR Part 180, 60 
    FR 26626, May 17, 1995) or with the final 860 Series Residue Chemistry 
    Guidelines (860.1000) published as public drafts on August 25, 1995 (60 
    FR 44343) (formerly Table II of Subdivision O, Residue Chemistry, of 
    the Pesticide Assessment Guidelines). These changes in commodity 
    terminology do not involve any change in the numerical value of the 
    tolerance or food or feed additive regulation. The proposed amendments 
    at the end of this document list these changes in commodity 
    terminology.
        5. Corrections to the RED. The RED indicated that there were no 
    registered glyphosate products for use on many minor crops, mostly 
    subtropical fruits and vegetables, for which there are established 
    tolerances in Sec. 180.364(a). Therefore, the RED noted that these 
    tolerances should be revoked. However, the Agency has discovered that 
    these uses are listed on current glyphosate labels, and so will not 
    propose to revoke the associated tolerances.
        The RED also indicated that the tolerances for cranberries and 
    grapes in Sec. 180.364(a) should be revoked, since these commodities 
    would be included under the small fruits and berries group. On August 
    25, 1993, the Agency proposed to revise this crop grouping to exclude 
    cranberries and grapes (58 FR 44990). This action would, in effect, 
    leave cranberries and grapes with no established tolerances, so the EPA 
    will not propose to revoke these established tolerances.
        The RED also indicated that the tolerance for instant tea in 
    Sec. 185.3500 should be revoked, since this commodity was not listed in 
    Table II of Subdivision O, Residue Chemistry, of the Pesticide 
    Assessment Guidelines. However, the most recent update of Table II, 
    from September 1995, does include instant tea as a processed commodity, 
    so the tolerance will be retained at 1.0 ppm.
    
    III. Comments Received in Response to RED Regarding Tolerances
    
        The Monsanto Company made several comments in response to the RED 
    tolerance reassessment. Monsanto commented on inconsistencies in the 
    RED document and provided new information or clarifications regarding 
    proposals in the RED tolerance reassessment. In most cases the Agency 
    agreed with Monsanto and the Agency's decision is reflected in this 
    proposal.
    
    IV. Public Comment Procedures
    
        Interested persons are invited to submit written comments, 
    information, or data in response to this proposed rule. Comments must 
    be submitted by August 26, 1996.
        Information submitted as a comment concerning this document may be 
    claimed confidential by marking any or all of that information as 
    ``Confidential Business Information'' (CBI). Information so marked will 
    not be disclosed except in accordance with procedures set forth in 40 
    CFR part 2. A copy of a comment that does not contain CBI must be 
    submitted for inclusion in the public record. Information not marked 
    confidential may be disclosed publicly by EPA without prior notice.
        A record has been established for this proposal under docket number 
    OPP-300433 (including comments and data submitted electronically as 
    described below). A public version of this record, including printed, 
    paper versions of electronic comments, which does not include any 
    information claimed as CBI, is available for inspection from 8 a.m. to 
    4:30 p.m., Monday through Friday, excluding legal holidays. The public 
    record is located in Rm. 1132 of the Public Response and Program 
    Resources Branch, Field Operations Division (7506C), Office of 
    Pesticide Programs, Environmental Protection Agency, Crystal Mall #2, 
    1921 Jefferson Davis Highway, Arlington, VA.
        Electronic comments can be sent directly to EPA at:
        opp-docket@epamail.epa.gov.
        Electronic comments must be submitted as an ASCII file avoiding the 
    use of special characters and any form of encryption.
        The official record for this proposal, as well as the public 
    version, as described above will be kept in paper form. Accordingly, 
    EPA will transfer all comments received electronically into printed, 
    paper form as they are received and will place the paper comments in 
    the official rulemaking record which will also include all comments 
    submitted directly in writing. The official rulemaking record is the 
    paper record maintained at the Virginia address in ``ADDRESSES'' at the 
    beginning of this document.
        Any person who has registered or submitted an application for 
    registration of a pesticide, under the Federal Insecticide, Fungicide, 
    and Rodenticide Act (FIFRA) as amended, which contains any of the 
    ingredients listed herein, may request within 30 days after
    
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    publication of this proposed rule in the Federal Register that this 
    rulemaking proposal be referred to an Advisory Committee in accordance 
    with section 408(e) of the FFDCA.
        To satisfy requirements for analysis specified by Executive Order 
    12866 and the Regulatory Flexibilitys Act, EPA has considered impacts 
    of this proposal, and determined that they will be negligible.
    
    V. References
    
        The following reference was used in the preparation of this final 
    rule.
         U.S. Environmental Protection Agency. Reregistration 
    Eligibility Document (RED) Glyphosate Case 0178. September 1993.
    
    
    VI. Regulatory Assessment Requirements
    
        To satisfy requirements for analysis specified by Executive Order 
    12866, the Regulatory Flexibility Act, the Paperwork Reduction Act, and 
    the Unfunded Mandates Reform Act, EPA has analyzed the impacts of this 
    proposal.
    
    A. Executive Order 12866
    
        Under Executive Order 12866 (58 FR 51735, October 4, 1993), the 
    Agency must determine whether the regulatory action is ``significant'' 
    and therefore subject to all the requirements of the Executive Order 
    (i.e., Regulatory Impact Analysis, review by the Office of Management 
    and Budget (OMB)). Under section 3(f), the order defines 
    ``significant'' as those actions likely to lead to a rule (1) having an 
    annual effect on the economy of $100 million or more, or adversely and 
    materially affecting a sector of the economy, productivity, 
    competition, jobs, the environment, public health or safety, or State, 
    local or tribal governments or communities (also known as 
    ``economically significant''); (2) creating serious inconsistency or 
    otherwise interfering with an action taken or planned by another 
    agency; (3) materially altering the budgetary impacts of
        entitlement, grants, user fees, or loan programs; or (4) raising 
    novel legal or policy issues arising out of legal mandates, the 
    President's priorities, or the principles set forth in this Executive 
    Order.
        Pursuant to the terms of this Executive Order, EPA has determined 
    that this rule is not ``significant'' and is therefore not subject to 
    OMB review.
    
    B. Regulatory Flexibility Act
    
        Pursuant to the requirements of the Regulatory Flexibility Act (5 
    U.S.C. 601-612), the Administrator has determined that regulations 
    establishing new tolerances or raising tolerance levels or establishing 
    exemptions from tolerance requirements do not have a significant 
    economic impact on a substantial number of small entities. A 
    certification statement explaining the factual basis for this 
    determination was published in the Federal Register of May 4, 1981 (46 
    FR 24950).
    
    C. Paperwork Reduction Act
    
        This proposed regulatory action does not contain any information 
    collection requirements subject to review by OMB under the Paperwork 
    Reduction Act of 1980, 44 U.S.C. 3501 et seq.
    
    D. Unfunded Mandates Reform Act
    
        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), or require prior consultation as 
    specified by Executive Order 12875 (58 FR 58093, October 28, 1993), 
    entitled Enhancing the Intergovernmental Partnership, or special 
    consideration as required by Executive Order 12898 (59 FR 7629, 
    February 16, 1994).
    
    List of Subjects
    
    40 CFR Part 180
    
        Environmental Protection, Administrative practice and procedure, 
    Agricultural commodities, Pesticides and pests, Reporting and 
    recordkeeping requirements.
    
    40 CFR Part 185
    
        Food additives, Pesticides and pest.
    
    40 CFR Part 186
    
        Animal feeds, Pesticides and pest.
        Dated: June 20, 1996.
    
    Lois Rossi,
    Director, Special Review and Reregistration Division, Office of 
    Pesticide Programs.
        Therefore, 40 CFR, Chapter I, parts 180, 185 and 186 are proposed 
    to 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. 346a and 371.
    
    
        b. Section 180.364 is revised to read as follows:
    
    
    Sec. 180.364 Glyphosate, tolerances for residues.
    
        (a) Tolerances are established for the residues of glyphosate (N-
    phosphonomethyl glycine) per se resulting from application of the 
    isopropylamine salt of glyphosate and/or the monoammonium salt of 
    glyphosate in or on the following agricultural commodities:
    
    ------------------------------------------------------------------------
                                                                  Parts per 
                             Commodity                             million  
    ------------------------------------------------------------------------
    Almond, hulls..............................................           25
    Asparagus..................................................          0.5
    Atemoya....................................................          0.2
    Avocado....................................................          0.2
    Banana.....................................................          0.2
    Barbados cherry............................................          0.2
    Berries group..............................................          0.2
    Brassica (Cole) leafy vegetables group.....................          0.2
    Breadfruit.................................................          0.2
    Bulb vegetables (Allium spp.) group........................          0.2
    Cacao bean.................................................          0.2
    Canistel...................................................          0.2
    Carambola..................................................          0.2
    Cereal grains group (except wheat).........................          0.1
    Cherimoya..................................................          0.2
    Citrus fruits group........................................          0.5
    Coconut....................................................          0.1
    Coffee bean, green.........................................          1.0
    Cotton, undelinted seed....................................           15
    Cranberry..................................................          0.2
    Cucurbit vegetables group..................................          0.2
    Date.......................................................          0.2
    Fig........................................................          0.2
    Foliage of legume vegetables group (except soybean forage               
     and hay)..................................................          0.2
    Forage, fodder, and straw of cereal grains group (except                
     wheat straw)..............................................          0.2
    Fruiting vegetables (except Cucurbits) group...............          0.1
    Grape......................................................          0.2
    Grass forage, fodder, and hay group........................          100
    Guava......................................................          0.2
    Jaboticaba.................................................          0.2
    Jackfruit..................................................          0.2
    Kiwifruit..................................................          0.1
    Leafy vegetables (except Brassica vegetables) group........          0.2
    Leaves of root and tuber vegetables (human food or animal               
     feed) group...............................................          0.2
    Legume vegetables (succulent or dried) group (except                    
     soybean)..................................................            5
    Longan.....................................................          0.2
    Lychee.....................................................          0.2
    Mamey sapote...............................................          0.2
    Mango......................................................          0.2
    Marmaladebox...............................................          0.2
    Non-grass animal feeds (forage and hay) group..............          200
    Okra.......................................................          0.2
    Olive......................................................          0.2
    Papaya.....................................................          0.2
    Passion fruit..............................................          0.2
    Peanut, hay................................................          0.5
    Persimmon..................................................          0.2
    Pineapple..................................................          0.1
    Pistachio..................................................          0.2
    Pome fruits group..........................................          0.2
    Pomegranate................................................          0.2
    Root and tuber vegetables..................................          0.2
    Sapodilla..................................................          0.2
    
    [[Page 33474]]
    
                                                                            
    Sapote, black..............................................          0.2
    Sapote, white..............................................          0.2
    Soursop....................................................          0.2
    Soybean, seed..............................................           20
    Soybean, forage............................................          100
    Soybean, hay...............................................          200
    Soybean, aspirated grain fractions.........................           50
    Stone fruits group.........................................          0.2
    Strawberry.................................................          0.2
    Sugar apple................................................          0.2
    Sunflower, seed............................................          0.1
    Tamarind...................................................          0.2
    Tree nuts group............................................          1.0
    Wheat, grain...............................................          5.0
    Wheat, straw...............................................           85
    ------------------------------------------------------------------------
    
    
    
        (b) Tolerances are established for the residues of glyphosate (N-
    phosphonomethyl glycine) per se resulting from application of the 
    isopropylamine salt of glyphosate and/or the monoammonium salt of 
    glyphosate for herbicidal and plant growth regulator purposes and/or 
    the sodium sesqui salt for plant regulator purposes in or on the 
    following agricultural commodities:
    
    ------------------------------------------------------------------------
                                                                  Parts per 
                             Commodity                             million  
    ------------------------------------------------------------------------
    Cattle, kidney.............................................          4.0
    Cattle, liver..............................................          2.0
    Fish.......................................................         0.25
    Goat, kidney...............................................          4.0
    Goat, liver................................................          0.5
    Hog, kidney................................................          4.0
    Hog, liver.................................................          1.0
    Horse, kidney..............................................          4.0
    Horse, liver...............................................          0.5
    Peanut.....................................................          0.1
    Peanut, hay................................................          0.5
    Poultry, kidney............................................          0.5
    Poultry, liver.............................................          0.5
    Sheep, kidney..............................................          4.0
    Sheep, liver...............................................          0.5
    Shellfish..................................................          3.0
    Sugarcane..................................................          2.0
    ------------------------------------------------------------------------
    
        (c) Tolerances are established for the residues of glyphosate (N-
    phosphonomethyl glycine) per se resulting from the use of irrigation 
    water containing residues of 0.5 ppm following applications on or 
    around aquatic sites on the following agricultural commodities. Where 
    tolerances are established at higher levels from other uses of 
    glyphosate in or on the subject crops, the higher tolerance should also 
    apply to residues from the aquatic uses cited in this paragraph.
    
    ------------------------------------------------------------------------
                                                                  Parts per 
                             Commodity                             million  
    ------------------------------------------------------------------------
    Avocado....................................................          0.1
    Brassica (Cole) leafy vegetables group.....................          0.1
    Bulb vegetables (Allium spp.) group........................          0.1
    Cereal grains group........................................          0.1
    Citrus fruits group........................................          0.1
    Cotton, undelinted seed....................................          0.1
    Cucurbit vegetables group..................................          0.1
    Foliage of legume vegetables group.........................          0.1
    Forage, fodder, and straw of cereal grains group...........          0.1
    Fruiting vegetables (except Cucurbits) group...............          0.1
    Grass forage, fodder, and hay group........................          0.1
    Hops.......................................................          0.1
    Leafy vegetables (except Brassica vegetables) group........          0.1
    Leaves of root and tuber vegetables (human food or animal               
     feed) group...............................................          0.1
    Legume vegetables (succulent or dried) group...............          0.1
    Non-grass animal feeds (forage, fodder, straw, and hay)                 
     group.....................................................          0.1
    Okra.......................................................          0.1
    Pome fruits group..........................................          0.1
    Root and tuber vegetables group............................          0.1
    Stone fruits group.........................................          0.1
    Tree nuts group............................................          0.1
    ------------------------------------------------------------------------
    
    PART 185--[AMENDED]
    
        2. In Part 185:
        a. The authority citation for part 185 continues to read as 
    follows:
        Authority: 21 U.S.C. 346a and 348.
    
    
        b. Section 185.3500 is revised to read:
    
    
    Sec. 185.3500  Glyphosate.
    
        (a) Food additive regulations are established for the residues of 
    glyphosate (N-phosphonomethyl glycine) per se when present therein as a 
    result of the herbicide application to the growing crops:
        (1) Glyphosate (N-phosphonomethyl glycine) per se resulting from 
    the application of the isopropylamine salt of glyphosate for herbicidal 
    purposes and/or the sodium sesqui salt for plant growth regulator 
    purposes.
    
    ------------------------------------------------------------------------
                                                                  Parts per 
                             Commodity                             million  
    ------------------------------------------------------------------------
    Sugarcane, molasses........................................         30.0
    ------------------------------------------------------------------------
    
        (2) Glyphosate (N-phosphonomethyl glycine) per se resulting from 
    the application of the isopropylamine salt of glyphosate for herbicidal 
    purposes.
    
    ------------------------------------------------------------------------
                                                                  Parts per 
                             Commodity                             million  
    ------------------------------------------------------------------------
    Olive......................................................          0.1
    Palm, oil, refined.........................................          0.1
    Tea, dried.................................................          1.0
    Tea, instant...............................................          7.0
    ------------------------------------------------------------------------
    
        (3) Glyphosate (N-phosphonomethyl glycine) per se resulting from 
    the application of the isopropylamine salt of glyphosate or the 
    monoammonium salt of glyphosate for herbicidal purposes.
    
    ------------------------------------------------------------------------
                                                                  Parts per 
                             Commodity                             million  
    ------------------------------------------------------------------------
    Wheat bran, middlings, and shorts..........................         20.0
    ------------------------------------------------------------------------
    
        (b) [Reserved]
    
    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.
    
    
        b. Section 186.3500 is revised to read:
    
    
    Sec. 186.3500   Glyphosate.
    
        A feed additive regulation is established permitting residues of 
    glyphosate per se (N-phosphonomethyl glycine) in or on the following 
    feed commodities from application of the isopropylamine salt of 
    glyphosate and/or the monoammonium salt of glyphosate to the raw 
    agricultural commodities citrus and soybeans:
    
    ------------------------------------------------------------------------
                                                                  Parts per 
                             Commodity                             million  
    ------------------------------------------------------------------------
    Citrus, pulp, dried........................................          1.5
    Soybean, hulls.............................................          100
    ------------------------------------------------------------------------
    
    
    [FR Doc. 96-16587 Filed 6-26-96; 8:45 am]
    BILLING CODE 6560-50-F
    
    
    

Document Information

Published:
06/27/1996
Department:
Environmental Protection Agency
Entry Type:
Proposed Rule
Action:
Proposed rule.
Document Number:
96-16587
Dates:
Written comments, identified by the docket control number OPP- 300433, must be received on or before August 26, 1996.
Pages:
33469-33474 (6 pages)
Docket Numbers:
OPP-300433, FRL-5380-9
RINs:
2070-AC18
PDF File:
96-16587.pdf
CFR: (3)
40 CFR 180.364
40 CFR 185.3500
40 CFR 186.3500