[Federal Register Volume 64, Number 139 (Wednesday, July 21, 1999)]
[Rules and Regulations]
[Pages 39072-39078]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-18609]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 180, 185 and 186
[OPP-300841A; FRL-6093-6]
RIN 2070-AB78
Dalapon, Fluchloralin, et al.; Various Tolerance Revocations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: This final rule announces the revocation of tolerances for
residues of the pesticides listed in the regulatory text for the
herbicides dalapon, fluchloralin, metobromuron, paraquat,
[[Page 39073]]
and sesone; the fungicides zinc sulfate, glyodin, and manganous
dimethyldithiocarbamate (manam); the insecticides coumaphos, hydrogen
cyanide and O-Ethyl S-phenyl ethylphosphonodithioate (fonofos); the
plant growth regulator N,N-dimethylpiperidinium chloride (mepiquat
chloride); and the food additive ethyl formate. Also, this rule revokes
the tolerance for residues of the nematocide and insecticide ethoprop
in or on mushrooms; and the food additive tolerance for residues of the
fungicide paraformaldehyde in maple syrup. The regulatory actions in
this rule 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. This document revokes 202 tolerances and/or
exemptions. Since 18 tolerances were previously reassessed, 184 are
counted as 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: This final rule becomes effective October 19, 1999. Objections
and requests for hearings, identified by docket control number [OPP-
300841A] must be received by EPA on or before September 20, 1999.
ADDRESSES: Objections and hearing requests can be submitted by mail or
in person. Please follow the detailed instructions provided in Unit V
of the ``SUPPLEMENTARY INFORMATION'' section of this document. To
ensure proper identification of your objection or hearing request, you
must identify the docket control number [OPP-300841A] in the subject
line on the first page of your request.
FOR FURTHER INFORMATION CONTACT: Amy Caicedo, 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 Highway, Arlington,
Virginia. Telephone: (703) 308-9399; email: caicedo.amy@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Does this Action Apply to Me?
You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
Potentially affected categories and entities may include but are not
limited to:
------------------------------------------------------------------------
Examples of Potentially
Categories NAICS Affected Entities
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Industry............................ 111 Crop production
.................................. 112 Animal production
.................................. 311 Food manufacturing
.................................. 32532 Pesticide manufacturing
------------------------------------------------------------------------
This listing is not exhaustive, but is a guide to entities likely
to be regulated by this action. The North American Industrial
Classification System (NAICS) codes will assist you in determining
whether this action applies to you. If you have questions regarding the
applicability of this action to a particular entity, consult the person
listed in the ``FOR FURTHER INFORMATION CONTACT'' section.
II. How Can I Get Additional Information or Copies of this or Other
Support Documents?
A. Electronically
You may obtain electronic copies of this document and various
support documents from the EPA Internet Home Page at http://
www.epa.gov/. On the Home Page select ``Laws and Regulations'' and then
look up the entry for this document under ``Federal Register -
Environmental Documents.'' You can also go directly to the ``Federal
Register'' listings at http://www.epa.gov/fedrgstr/.
B. In Person or by Phone
If you have any questions or need additional information about this
action, please contact the technical person identified in the ``FOR
FURTHER INFORMATION CONTACT'' section. In addition, the official record
for this final rule, including the public version, has been established
under docket control number [OPP-300841A], (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 am to 4 pm,
Monday through Friday, excluding legal holidays. The Public Information
and Records Integrity Branch telephone number is 703-305-5805.
III. What Action is Being Taken?
This final rule announces the revocation of tolerances for residues
of the pesticides listed in the regulatory text for the herbicides
dalapon, fluchloralin, metobromuron, paraquat, and sesone; the
fungicides zinc sulfate, glyodin, and manganous dimethyldithiocarbamate
(manam); the insecticides coumaphos, hydrogen cyanide and O-Ethyl S-
phenyl ethylphosphonodithioate (fonofos); the plant growth regulator
N,N-dimethylpiperidinium chloride (mepiquat chloride); and the food
additive ethyl formate. Also, this rule revokes the tolerance for
residues of the nematocide and insecticide ethoprop in or on mushrooms;
and the food additive tolerance for residues of the fungicide
paraformaldehyde in maple syrup.
EPA is revoking these tolerances because they are not necessary to
cover residues of the relevant pesticides in or on domestically treated
commodities or commodities treated outside but imported into the United
States. These pesticides are no longer used on commodities within the
United States and no person has provided comment identifying a need for
EPA to retain the tolerances to cover residues in or on imported foods.
EPA has historically expressed a concern that retention of tolerances
that are not necessary to cover residues in or on legally treated foods
has the potential to encourage misuse of pesticides within the United
States. Thus it is EPA's policy to issue a final rule revoking those
tolerances for residues of pesticide chemicals for which there are no
active registrations under FIFRA, unless any person commenting on the
proposal demonstrates a need for the tolerance to cover residues in or
on imported commodities or domestic commodities legally treated.
EPA is not issuing today a final rule to revoke those tolerances
for which EPA received comments demonstrating a need for the tolerance
to be retained. Generally, EPA will proceed with the revocation of
these tolerances on the grounds discussed above only if, (1) prior to
EPA's issuance of a section 408(f) order requesting additional data or
issuance of a section 408(d) or (e) order revoking the tolerances on
other grounds, commenters retract the comment identifying a need for
the tolerance to be retained, (2) EPA independently verifies that the
tolerance is no longer needed, (3) the tolerance is not supported by
data, or (4) the tolerance does not meet the requirements under FQPA.
In the Federal Register of April 7, 1999 (64 FR 16874) (FRL 6075-
1), EPA issued a proposed rule for specific pesticides announcing the
proposed revocation of tolerances for canceled
[[Page 39074]]
food uses inviting public comment for consideration and for support of
tolerance retention under FFDCA standards. The following comments were
received by the Agency in response to the document published in the
Federal Register of April 7, 1999:
A. Coumaphos
No comments were received concerning this chemical. The tolerances
in 40 CFR 180.189 for residues of coumaphos on eggs; poultry, fat;
poultry, mbyp; and poultry, meat are revoked because these uses were
voluntarily canceled by the registrant.
B. Dalapon
Comment from Dow AgroSciences. A comment was received by the Agency
from Dow AgroSciences requesting that the tolerances for dalapon in 40
CFR 180.150(a) and (b) not be revoked for the following commodities:
apples; apricots; bananas; citrus pulp, dehydrated (ct feed);
cottonseed; fruits, stone; fruits, pome; grain crops (exc wheat);
grapefruit; grapes; lemons; limes; oranges; peaches; pears; plums;
sorghum, forage; sorghum; sugarcane; tangerines; and from Sec. 186.1500
citrus pulp, dehydrated (ct feed). The company requested that these
tolerances be maintained as import tolerances because dalapon is still
used in a number of countries such as Jamaica, Kazakhstan, Azerbaijan,
and Zimbabwe, suggesting that the United States could potentially
import products that contain residues of dalapon from these countries,
DowAgro felt that the revocation of these tolerances could have a
negative economic impact on these countries.
Agency response. Dow AgroSciences presented information suggesting
that some countries use Dalapon on the commodities cited in Unit
III.B.1. above for international trade. No information was provided
which indicated any likely import of dalapon-treated commodities into
the United States. Dow did not indicate any interest in supporting
these tolerances for import purposes. Moreover, EPA has not received
any comments from the countries cited by Dow in support of these
tolerances. Thus a need for retention of the dalapon tolerances has not
been demonstrated. Therefore, all of the tolerances for dalapon are
revoked from Secs. 180.105, 185.1500 and 186.1500.
C. Ethoprop
No comments were received concerning this chemical. The tolerance
for residues in 40 CFR 180.262(a) on mushrooms is revoked for Ethoprop
because this chemical is no longer registered for use on mushrooms.
D. O-Ethyl S-phenyl ethylphosphonodithioate (Fonofos)
1. Comment from the Mint Industry Research Council. A comment was
received by the Agency from the Mint Industry Research Council
requesting that the Agency retain the tolerance for residues of fonofos
on the commodities: peppermint; peppermint, hay; spearmint; and
spearmint, hay. The Mint Industry Research Council indicated that there
is a 3-year supply of Fonofos available to growers. The Council also
believes that these tolerances are necessary to cover Fonofos residues
in mint oil, which can have up to a 20-year shelf life. The Mint
Industry Research Council also believes the peppermint, hay and
spearmint, hay tolerances are necessary for use of these commodities in
tea.
2. Comment from Zeneca. A comment was received by the Agency from
Zeneca requesting that the Agency retain the tolerance for residues of
fonofos on all commodities listed in 40 CFR 180.221 for a period of 2
years in order to allow existing stocks to be used and to allow the
treated commodity to clear the channels of trade.
3. Comment from J. DeFrancesco, on behalf of the Oregon Strawberry
Commission. A comment was received by the Agency requesting that the
Agency retain the tolerance for residues of fonofos on strawberries for
a period of 2 to 3 years in order to control symphylans.
Agency response. Although EPA will still revoke 30 of these
tolerances, the tolerances for residues of O-Ethyl S-phenyl
ethylphosphonodithioate (fonofos) on the commodities in 40 CFR 180.221
will not expire until December 31, 2002, with the exception of the 4
commodities listed in the following paragraph, in order to allow for
the exhaustion of the existing stocks and to allow the fresh commodity
to pass through the channels of trade. EPA acknowledges that processed
commodities such as mint oil may not have cleared the channels of trade
within that time frame. However, the provisions of FFDCA section
408(l)(5) provide for the legal movement of those commodities through
the channels of trade provided that they are treated prior to the
expiration of the appropriate tolerance and that the actual residues on
the commodities are within those allowed by the appropriate tolerance.
It is fairly easy to identify the date the commodity was processed. If
the commodity was processed before the effective date of the tolerance
revocation, the presumption will be that any residue of fonofos is the
result of legal application.
The tolerances for residues of fonofos on peppermint, hay;
spearmint, hay; beans, forage; beans, vine hay; corn, pop, forage; and
peanuts, forage, however, are revoked effective 90 days following
publication of this rule because they are no longer considered
significant feed items. The parts of the peppermint and spearmint used
in tea are covered by the peppermint, tops and spearmint, tops
tolerances.
The agency also revises commodity terminology to conform to current
practice: bananas to banana; beets, sugar, tops to beet, sugar, tops;
corn field fodder to corn, field, stover; corn fresh (incl sweet) (K +
CWHR) to corn sweet, kernel plus cob with husks removed; corn, grain
(including pop) to corn, field grain and to corn, pop, grain; corn,
pop, fodder to corn, pop, stover; corn, sweet, fodder to corn sweet,
stover; peas, forage to pea, field, vine; peas, vines hay to pea,
field, hay; peanuts to peanut; peanuts, hay to peanut, hay; plantains
to plantain; sorghum, fodder to sorghum, grain, stover; sorghum, forage
to sorghum, grain, forage; sorghum, grain to sorghum, grain, grain;
soybeans, forage to soybean, forage; soybeans, hay to soybean, hay;
strawberries to strawberry; sugarcane to sugarcane, cane; vegetables,
fruiting to vegetable, fruiting group; vegetables, root crop to
vegetable, root crop; vegetables, seed and pod to vegetable, seed and
pod; peppermint to peppermint, tops; and spearmint to spearmint, tops.
E. Hydrogen Cyanide
Comments from the Arizona Department of Agriculture and various
growers. Comments were received by the Agency requesting that the
tolerance on citrus fruits, Sec. 180.130, be retained. This request is
due to the use of sodium cyanide as a fumigant on citrus products which
results in residues of hydrogen cyanide in or on citrus fruits. The
pesticide is used to control California red scale Aonidiella auranti on
citrus fruits that are imported to the state of Arizona.
Agency response. As a result of the need for retaining this
tolerance, the tolerance for residues of hydrogen cyanide on citrus
fruits will remain in effect. All other tolerances for residues of
hydrogen cyanide are revoked from Sec. 180.130.
F. N,N-dimethylpiperidinium chloride
Comment received from BASF Products. A comment was received by the
Agency that cottonseed should not
[[Page 39075]]
be revoked because there are still registered uses of N,N-
dimethylpiperidinium chloride which could lead to residues on this
commodity.
Agency response. Cottonseed was inadvertently listed in the Federal
Register proposed rule, April 7, 1999 (64 FR 16874) (FRL 6075-1) in the
codification section as being proposed for removal. The tolerance for
cottonseed is not revoked from 40 CFR 180.384. However, the tolerance
in 40 CFR 180.384 for cottonseed meal is revoked because it is now
covered by the tolerance for cottonseed. This rule also revokes FFDCA
tolerances in 40 CFR 180.384 for residues of the plant growth regulator
N,N-dimethylpiperidinium chloride (mepiquat chloride) in or on cotton,
forage because it is no longer considered a significant livestock feed
item. Tolerances on eggs; milk; poultry, fat; poultry, mbyp; poultry,
meat are revoked because EPA has determined there is no reasonable
expectation of finite residues and therefore a tolerance is unnecessary
(See 40 CFR 180.6(b)).
G. Paraformaldehyde
No comments were received regarding this chemical. The
paraformaldehyde tolerance in 40 CFR 185.4650 for residues in maple
syrup is revoked because the use was voluntarily canceled by the
registrant.
H. Paraquat
No comments were received regarding this chemical. This final rule
revokes FFDCA tolerances for residues of the herbicide paraquat in or
on the commodities listed below under 40 CFR 180.205(a). Rye grain and
oat grain are revoked because there are presently no registered uses of
paraquat for these commodities. The following tolerances are revoked
because data indicate that no residues are expected, and in such cases
the Agency revokes the existing tolerances because they are
unnecessary: bean, straw; hops, fresh; hop vines; lentil hay; peanut
vines; poultry fat; poultry meat; poultry meat byproducts; and
sunflower seed hulls.
I. Fluchloralin, Metobromuron, Sesone, Basic Zinc Sulfate, Glyodin,
Manganous Dimethyldithiocarbamate, and Ethyl Formate
No comments were received concerning these chemicals. This final
rule revokes all FFDCA tolerances for residues of the herbicides
fluchloralin, Sec. 180.363; metobromuron Sec. 180.250; and sesone,
Sec. 180.102; the fungicides basic zinc sulfate, Sec. 180.244; glyodin,
Sec. 180.124; and manganous dimethyldithiocarbamate, Sec. 180.161; and
the food additive ethyl formate, Sec. 180.520, because no registered
uses exist. The registrations for these pesticide chemicals were
canceled because the registrant either failed to pay the required
maintenance fee and/or the registrant voluntarily canceled all
registered uses of the pesticide.
IV. When do These Actions Become Effective?
These actions become effective 90 days following publication in the
Federal Register. All tolerances will expire once the rule becomes
effective, with the exception of the fonofos tolerances which will not
expire until December 31, 2002. EPA has delayed the effectiveness of
these revocations for 90 days following publication to ensure that all
affected parties receive notice of EPA's action. Consequently, the
effective date is October 19, 1999. For this particular final rule, the
actions will affect uses which have been canceled for more than a year.
Therefore, commodities should have cleared the channels of trade.
Any commodities listed in the regulatory text of this document that
are treated with the pesticides subject to this final rule, and that
are in the channels of trade following the tolerance revocations, shall
be subject to FFDCA section 408(1)(5), as established by the Food
Quality Protection Act (FQPA). Under this section, any residue of these
pesticides in or on such food shall not render the food adulterated so
long as it is shown to the satisfaction of FDA that (1) the residue is
present as the result of an application or use of the pesticide at a
time and in a manner that was lawful under FIFRA, and (2) the residue
does not exceed the level that was authorized at the time of the
application or use to be present on the food under a tolerance or
exemption from a tolerance. Evidence to show that food was lawfully
treated may include records that verify the dates that the pesticide
was applied to such food.
V. Can I Submit Objections or Hearing Requests?
Yes. Any person can file written objections to any aspect of this
regulation and can also request a hearing on those objections.
Objections and hearing requests are currently governed by the
procedures in 40 CFR part 178, modified as needed to reflect the
requirements of FFDCA section 408(g).
A. When and Where to Submit
Objections and hearing requests must be mailed or delivered to the
Hearing Clerk no later than September 20, 1999. The address of the
Hearing Clerk is Hearing Clerk (1900), Environmental Protection Agency,
Rm. M3708, 401 M St. SW, Washington, DC 20460.
B. Fees for Submission
1. Each objection must be accompanied by a fee of $3,275 or a
request for waiver of fees. Fees accompanying objections and hearing
requests must be labeled ``Tolerance Petition Fees'' and forwarded to
EPA Headquarters Accounting, Operations Branch, OPP (Tolerance Fees),
P.O. Box 360277M, Pittsburgh, Pennsylvania 15251.
2. EPA may waive any fee when a waiver or refund is equitable and
not contrary to the purposes of the Act. A request for a waiver of
objection fees should be submitted to James Hollins, Information
Resources and Services Division (7502C), Office of Pesticide Programs,
Environmental Protection Agency, 401 M St., SW, Washington, DC 20460.
The request for a waiver must be accompanied by a fee of $1,650 unless
the objector has no financial interest in the matter. The fee, if
required, must be submitted to the address in Unit B.1. For additional
information on tolerance objection fee waivers, contact James Tompkins,
Registration Division (7505C), at the same mailing address, or by phone
at (703) 305-5697 or e-mail at tompkins.jim@epa.gov.
C. Information to be Submitted
Objections must specify the provisions of the regulation considered
objectionable and the grounds for the objections. If a hearing is
requested, the objections must include a statement of the factual
issue(s) on which a hearing is requested, the requestor's contentions
on such issues, and a summary of any evidence relied upon by the
objector. You may claim information that you submit in response to this
document as confidential 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.
D. Granting a Hearing Request
A request for a hearing will be granted if the Administrator
determines that the material submitted shows the following:
1. There is a genuine and substantial issue of fact.
2. There is a reasonable possibility that available evidence
identified by the requestor would, if established, resolve one or more
of such issues in favor of the requestor, taking into account
uncontested claims or facts to the contrary.
[[Page 39076]]
3. Resolution of the factual issue(s) in the manner sought by the
requestor would be adequate to justify the action requested.
VI. How do the Regulatory Assessment Requirements Apply to this
Action?
A. Is this a ``Significant Regulatory Action''?
No. Under Executive Order 12866, entitled Regulatory Planning and
Review (58 FR 51735, October 4, 1993), this action is not a
``significant regulatory action.'' The Office of Management and Budget
(OMB) has determined that tolerance actions, in general, are not
``significant'' unless the action involves the revocation of a
tolerance that may result in a substantial adverse and material affect
on the economy. In addition, this action is not subject to Executive
Order 13045, entitled Protection of Children from Environmental Health
Risks and Safety Risks (62 FR 19885, April 23, 1997), because this
action is not an economically significant regulatory action as defined
by Executive Order 12866. Nonetheless, environmental health and safety
risks to children are considered by the Agency when determining
appropriate tolerances. Under FQPA, EPA is required to apply an
additional 10-fold safety factor to risk assessments in order to ensure
the protection of infants and children unless reliable data supports a
different safety factor.
B. Does this Final Action Contain any Reporting or Recordkeeping
Requirements?
No. This final 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 Final Action Involve any ``Unfunded Mandates''?
No. This final 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 (Public Law 104-4).
D. Do Executive Orders 12875 and 13084 Require EPA to Consult with
States and Indian Tribal Governments Prior to Taking the Action in this
Document?
No. Under Executive Order 12875, entitled Enhancing the
Intergovernmental Partnership (58 FR 58093, October 28, 1993), EPA may
not issue a regulation that is not required by statute and that creates
a mandate upon a State, local or tribal government, unless the Federal
government provides the funds necessary to pay the direct compliance
costs incurred by those governments. If the mandate is unfunded, EPA
must provide to the OMB a description of the extent of EPA's prior
consultation with representatives of affected State, local and tribal
governments, the nature of their concerns, copies of any written
communications from the governments, and a statement supporting the
need to issue the regulation. In addition, Executive Order 12875
requires EPA to develop an effective process permitting elected
officials and other representatives of State, local and tribal
governments ``to provide meaningful and timely input in the development
of regulatory proposals containing significant unfunded mandates.''
Today's rule does not create an unfunded Federal mandate on State,
local or tribal governments. The rule does not impose any enforceable
duties on these entities. Accordingly, the requirements of section 1(a)
of Executive Order 12875 do not apply to this rule.
Under Executive Order 13084, entitled Consultation and Coordination
with Indian Tribal Governments (63 FR 27655, May 19, 1998), EPA may not
issue a regulation that is not required by statute, that significantly
or uniquely affects the communities of Indian tribal governments, and
that imposes substantial direct compliance costs on those communities,
unless the Federal government provides the funds necessary to pay the
direct compliance costs incurred by the tribal governments. If the
mandate is unfunded, EPA must provide OMB, in a separately identified
section of the preamble to the rule, a description of the extent of
EPA's prior consultation with representatives of affected tribal
governments, a summary of the nature of their concerns, and a statement
supporting the need to issue the regulation. In addition, Executive
Order 13084 requires EPA to develop an effective process permitting
elected and other representatives of Indian tribal governments ``to
provide meaningful and timely input in the development of regulatory
policies on matters that significantly or uniquely affect their
communities.''
Today's rule does not significantly or uniquely affect the
communities of Indian tribal governments. This action does not involve
or impose any requirements that affect Indian Tribes. Accordingly, the
requirements of section 3(b) of Executive Order 13084 do not apply to
this rule.
E. Does this Action Involve any Environmental Justice Issues?
No. This action is not expected to have any potential impacts on
minorities and low income communities. Special consideration of
environmental justice issues is not required under Executive Order
12898, entitled Federal Actions to Address Environmental Justice in
Minority Populations and Low-Income Populations (59 FR 7629, February
16, 1994).
F. Does this Action have a Potentially Significant Impact on a
Substantial Number of Small Entities?
No. The Agency has certified that tolerance actions, including the
tolerance actions in this 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 Action Involve Technical Standards?
No. This tolerance action does not involve any technical standards
that would require Agency consideration of voluntary consensus
standards pursuant to section 12(d) of the National Technology Transfer
and Advancement Act of 1995 (NTTAA), Public Law 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 doing so would
be inconsistent with applicable law or otherwise impractical. Voluntary
consensus standards are technical standards (e.g., materials
specifications, test methods, sampling procedures, business practices,
etc.) that are developed or adopted by voluntary consensus standards
bodies. The NTTAA requires EPA to provide Congress, through OMB,
explanations when the Agency decides not to use available and
applicable voluntary consensus standards.
H. Are there Any International Trade Issues Raised by this Action?
EPA is working to ensure that the U.S. tolerance reassessment
program under FQPA does not disrupt international trade. EPA considers
Codex Maximum Residue Limits (MRLs) in setting U.S. tolerances and in
reassessing them.
[[Page 39077]]
MRLs are established by the Codex Committee on Pesticide Residues, a
committee within the Codex Alimentarius Commission, an international
organization formed to promote the coordination of international food
standards. When possible, EPA seeks to harmonize U.S. tolerances with
Codex MRLs. EPA may establish a tolerance that is different from a
Codex MRL; however, FFDCA section 408(b)(4) requires that EPA explain
in a Federal Register document the reasons for departing from the Codex
level. EPA's effort to harmonize with Codex MRLs is summarized in the
tolerance reassessment section of individual REDs. The U.S. EPA has
developed a guidance concerning submissions for import tolerance
support. This guidance will be made available to interested
stakeholders.
I. Is this Action Subject to Review under the Congressional Review Act?
Yes. The Congressional Review Act, 5 U.S.C. 801 et seq., as amended
by the Small Business Regulatory Enforcement Fairness Act of 1996,
generally provides that before a rule may take effect, the agency
promulgating the rule must submit a rule report, which includes a copy
of the rule, to each House of the Congress and to the Comptroller
General of the United States. EPA will submit a report containing this
rule and other required information to the U.S. Senate, the U.S. House
of Representatives, and the Comptroller General of the United States
prior to publication of the rule in the Federal Register. This action
is not a ``major rule'' as defined by 5 U.S.C. 804(2).
List of Subjects
40 CFR Part 180
Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.
40 CFR Part 185
Environmental Protection, Food additives, Pesticide and pest.
40 CFR Part 186
Environmental Protection, Animal feeds, Pesticide and pest.
Dated: July 14, 1999.
Jack E. Housenger,
Director, Special Review and Reregistration Division, Office of
Pesticide Programs.
Therefore, 40 CFR parts 180, 185 and 186 are amended to read as
follows:
PART 180--[AMENDED]
1. In part 180:
a. The authority citation for part 180 continues to read as
follows:
Authority: 21 U.S.C. 321(q), 346a and 371.
Secs. 180.102, 180.124, 180.150, and 180.161 [Removed]
b. By removing Secs. 180.102, 180.124, 180.150, and 180.161.
c. Section 180.130 is revised to read as follows:
Sec. 180.130 Hydrogen Cyanide; tolerances for residues.
(a) General. A tolerance for residues of the insecticide hydrogen
cyanide from postharvest fumigation as a result of application of
sodium cyanide is established as follows: 50 parts per million in or on
citrus fruits.
(b) Section 18 emergency exemptions. [Reserved]
(c) Tolerances with regional registrations. [Reserved]
(d) Indirect or inadvertent residues. [Reserved]
d. Section 180.189 is revised to read as follows:
Sec. 180.189 Coumaphos; tolerances for residues.
(a) General. Tolerances for residues of the insecticide coumaphos
(O,O-diethyl O-3-chloro-4-methyl-2-oxo-2H-1-benzopyran-7-yl
phosphorothioate and its oxygen analog (O,O-diethyl O-3-chloro-4-
methyl-2-oxo-2H-1-benzopyran-7-yl phosphate) in or on food commodities
as follows:
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Cattle, fat................................................ 1.0
Cattle, meat............................................... 1.0
Cattle, mbyp............................................... 1.0
Goat, fat.................................................. 1.0
Goat, meat................................................. 1.0
Goat, mbyp................................................. 1.0
Hog, fat................................................... 1.0
Hog, meat.................................................. 1.0
Hog, mbyp.................................................. 1.0
Horse, fat................................................. 1.0
Horse, meat................................................ 1.0
Horse, mbyp................................................ 1.0
Milk, fat (=n in whole milk)............................... 0.5
Sheep, fat................................................. 1.0
Sheep, meat................................................ 1.0
Sheep, mbyp................................................ 1.0
------------------------------------------------------------------------
(b) Section 18 emergency exemptions. [Reserved]
(c) Tolerances with regional registrations. [Reserved]
(d) Indirect or inadvertent residues. [Reserved]
Sec. 180.205 [Amended]
e. By removing from Sec. 180.205(a), Paraquat, the entries for bean
straw; hops, fresh; hop, vines; lentil, hay; oat grain; peanut, vines;
poultry, fat; poultry, meat; poultry, mbyp; rye grain, and sunflower
seed hulls.
f. Section 180.221 is revised to read as follows:
Sec. 180.221 O-Ethyl S-phenyl ethylphosphonodithioate; tolerances for
residues.
(a) General. Time limited tolerances are established for residues
of the insecticide O-Ethyl S-phenylethylphosphonodithioate, including
its oxygen analog (O-ethyl S-phenyl ethylphosphonothioate, in or on the
following food commodities:
------------------------------------------------------------------------
Expiration/
Commodities Parts per Revocation
million date
------------------------------------------------------------------------
Asparagus..................................... 0.5 12/31/02
Banana........................................ 0.1 Do.
Beet, sugar, tops............................. 0.1 Do.
Corn, field, stover........................... 0.1 Do.
Corn, field, forage........................... 0.1 Do.
Corn, sweet kernel plus cob with husks removed 0.1 Do.
Corn field, grain............................. 0.1 Do.
Corn, pop, grain.............................. 0.1 Do.
Corn, pop, stover............................. 0.1 Do.
Corn, sweet, stover........................... 0.1 Do.
Corn, sweet, forage........................... 0.1 Do.
Peanut........................................ 0.1 Do.
Peanut, hay................................... 0.1 Do.
Pea, field, hay............................... 0.1 Do.
Pea, field, vines............................. 0.1 Do.
Peppermint, tops.............................. 0.1 Do.
Plantain...................................... 0.1 Do.
Sorghum, grain, stover........................ 0.1 Do.
Sorghum, grain, forage........................ 0.1 Do.
Sorghum, grain, grain......................... 0.1 Do.
Soybean, forage............................... 0.1 Do.
Soybean, hay.................................. 0.1 Do.
Spearmint, tops............................... 0.1 Do.
Strawberry.................................... 0.1 Do.
Sugarcane, cane............................... 0.1 Do.
Vegetable, leafy.............................. 0.1 Do.
Vegetable, fruiting group..................... 0.1 Do.
Vegetable, root crop.......................... 0.1 Do.
Vegetable, seed and pod....................... 0.1 Do.
------------------------------------------------------------------------
(b) Section 18 emergency exemptions. [Reserved]
(c) Tolerances with regional registrations. [Reserved]
(d) Indirect or inadvertent residues. [Reserved]
[[Page 39078]]
Sec. 180.244, and Sec. 180.250 [Removed]
g. By removing Sec. 180.244, and Sec. 180.250.
Sec. 180.262 [Amended]
h. By removing, from Sec. 180.262(a), Ethoprop; tolerances for
residues, the entry for mushrooms.
Sec. 180.363 [Removed]
i. By removing Sec. 180.363.
Sec. 180.384 [Amended]
j. By removing from Sec. 180.384, N,N-dimethylpiperidinium
chloride, the entries for cotton forage; cottonseed meal; eggs; milk;
poultry, fat; poultry, mbyp; and poultry, meat.
Sec. 180.520 [Removed]
k. By removing Sec. 180.520.
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.
Sec. 185.1500 and Sec. 185.4650 [Removed]
b. By removing Sec. 185.1500 and Sec. 185.4650.
PART 186--[AMENDED]
3. In part 186:
a. The authority citation for part 186 continues to read as
follows:
Authority: 21 U.S.C. 342, 348 and 371.
Sec. 186.1500 [Removed]
b. By removing Sec. 186.1500.
[FR Doc. 99-18609 Filed 7-20-99; 8:45 am]
BILLING CODE 6560-50-F
