98-25984. Mepiquat Chloride; Pesticide Tolerances for Emergency Exemptions  

  • [Federal Register Volume 63, Number 188 (Tuesday, September 29, 1998)]
    [Rules and Regulations]
    [Pages 51841-51848]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 98-25984]
    
    
    
    [[Page 51841]]
    
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    ENVIRONMENTAL PROTECTION AGENCY
    
    40 CFR Part 180
    
    [OPP-300719; FRL-6032-6]
    RIN 2070-AB78
    
    
    Mepiquat Chloride; Pesticide Tolerances for Emergency Exemptions
    
    AGENCY: Environmental Protection Agency (EPA).
    
    ACTION: Final rule.
    
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    SUMMARY: This regulation establishes time-limited tolerances for 
    residues of mepiquat chloride, N,N-dimethylpiperidinium chloride) in or 
    on grapes and raisins. This action is in response to EPA's granting of 
    an emergency exemption under section 18 of the Federal Insecticide, 
    Fungicide, and Rodenticide Act authorizing use of the pesticide on 
    grapes. This regulation establishes a maximum permissible level for 
    residues of mepiquat chloride in this food commodity pursuant to 
    section 408(l)(6) of the Federal Food, Drug, and Cosmetic Act, as 
    amended by the Food Quality Protection Act of 1996. The tolerance will 
    expire and is revoked on March 1, 2000.
    
    DATES: This regulation is effective September 29, 1998. Objections and 
    requests for hearings must be received by EPA on or before November 30, 
    1998.
    
    ADDRESSES: Written objections and hearing requests, identified by the 
    docket control number, [OPP-300719] must be submitted to: Hearing Clerk 
    (1900), Environmental Protection Agency, Rm. M3708, 401 M St., SW., 
    Washington, DC 20460. Fees accompanying objections and hearing requests 
    shall be labeled ``Tolerance Petition Fees'' and forwarded to: EPA 
    Headquarters Accounting Operations Branch, OPP (Tolerance Fees), P.O. 
    Box 360277M, Pittsburgh, PA 15251. A copy of any objections and hearing 
    requests filed with the Hearing Clerk identified by the docket control 
    number, [OPP-300719], must also be submitted to: Public Information and 
    Records Integrity Branch, Information Resources and Services Division 
    (7502C), Office of Pesticide Programs, Environmental Protection Agency, 
    401 M St., SW., Washington, DC 20460. In person, bring a copy of 
    objections and hearing requests to Rm. 119, Crystal Mall #2, 1921 
    Jefferson Davis Hwy., Arlington, VA.
        A copy of objections and hearing requests filed with the Hearing 
    Clerk may also be submitted electronically by sending electronic mail 
    (e-mail) to: opp-docket@epamail.epa.gov. Copies of objections and 
    hearing requests must be submitted as an ASCII file avoiding the use of 
    special characters and any form of encryption. Copies of objections and 
    hearing requests will also be accepted on disks in WordPerfect 5.1/6.1 
    file format or ASCII file format. All copies of objections and hearing 
    requests in electronic form must be identified by the docket control 
    number [OPP-300719]. No Confidential Business Information (CBI) should 
    be submitted through e-mail. Electronic copies of objections and 
    hearing requests on this rule may be filed online at many Federal 
    Depository Libraries.
    
    FOR FURTHER INFORMATION CONTACT: By mail: Andrew Ertman, Registration 
    Division 7505C, Office of Pesticide Programs, Environmental Protection 
    Agency, 401 M St., SW., Washington, DC 20460. Office location, 
    telephone number, and e-mail address: Crystal Mall #2, 1921 Jefferson 
    Davis Hwy., Arlington, VA, (703) 308-9367, e-mail: 
    ertman.andrew@epamail.epa.gov.
    
    SUPPLEMENTARY INFORMATION: EPA, on its own initiative, pursuant to 
    sections 408(e) and (l)(6) of the Federal Food, Drug, and Cosmetic Act 
    (FFDCA), 21 U.S.C. 346a(e) and (l)(6), is establishing a tolerance for 
    residues of the plant regulator mepiquat chloride (N,N-
    dimethylpiperidinium chloride), in or on grapes at 1.0 part per million 
    (ppm) and raisins at 6.0 ppm. These tolerances will expire and is be 
    revoked on March 1, 2000. EPA will publish a document in the Federal 
    Register to remove the revoked tolerance from the Code of Federal 
    Regulations.
    
    I. Background and Statutory Authority
    
        The Food Quality Protection Act of 1996 (FQPA) (Pub. L. 104-170) 
    was signed into law August 3, 1996. FQPA amends both the Federal Food, 
    Drug, and Cosmetic Act (FFDCA), 21 U.S.C. 301 et seq., and the Federal 
    Insecticide, Fungicide, and Rodenticide Act (FIFRA), 7 U.S.C. 136 et 
    seq. The FQPA amendments went into effect immediately. Among other 
    things, FQPA amends FFDCA to bring all EPA pesticide tolerance-setting 
    activities under a new section 408 with a new safety standard and new 
    procedures. These activities are described below and discussed in 
    greater detail in the final rule establishing the time-limited 
    tolerance associated with the emergency exemption for use of 
    propiconazole on sorghum (61 FR 58135, November 13, 1996)(FRL-5572-9).
        New section 408(b)(2)(A)(i) of the FFDCA allows EPA to establish a 
    tolerance (the legal limit for a pesticide chemical residue in or on a 
    food) only if EPA determines that the tolerance is ``safe.'' Section 
    408(b)(2)(A)(ii) defines ``safe'' to mean that ``there is a reasonable 
    certainty that no harm will result from aggregate exposure to the 
    pesticide chemical residue, including all anticipated dietary exposures 
    and all other exposures for which there is reliable information.'' This 
    includes exposure through drinking water and in residential settings, 
    but does not include occupational exposure. Section 408(b)(2)(C) 
    requires EPA to give special consideration to exposure of infants and 
    children to the pesticide chemical residue in establishing a tolerance 
    and to ``ensure that there is a reasonable certainty that no harm will 
    result to infants and children from aggregate exposure to the pesticide 
    chemical residue. . . .''
        Section 18 of FIFRA authorizes EPA to exempt any Federal or State 
    agency from any provision of FIFRA, if EPA determines that ``emergency 
    conditions exist which require such exemption.'' This provision was not 
    amended by FQPA. EPA has established regulations governing such 
    emergency exemptions in 40 CFR part 166.
        Section 408(l)(6) of the FFDCA requires EPA to establish a time-
    limited tolerance or exemption from the requirement for a tolerance for 
    pesticide chemical residues in food that will result from the use of a 
    pesticide under an emergency exemption granted by EPA under section 18 
    of FIFRA. Such tolerances can be established without providing notice 
    or period for public comment.
        Because decisions on section 18-related tolerances must proceed 
    before EPA reaches closure on several policy issues relating to 
    interpretation and implementation of the FQPA, EPA does not intend for 
    its actions on such tolerances to set binding precedents for the 
    application of section 408 and the new safety standard to other 
    tolerances and exemptions.
    
    II. Emergency Exemption for Mepiquat Chloride on Grapes and FFDCA 
    Tolerances
    
        The applicants state that grape growers in Ohio, New York and 
    Pennsylvania are facing an emergency situation brought on by freezing 
    weather conditions that occurred on four days in April 1998. Regional 
    experts called the frosts the most damaging freeze experienced in the 
    past 30 years. The effects of the frost on the grapes include poor 
    fruit set which will thus reduce fruit yield, with estimates of yield 
    reductions in the 25% range. According to the applicants, there are no 
    other registered alternative products available
    
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    to address this need other than mepiquat chloride. The use of mepiquat 
    chloride could result in increased fruit set, and offset some of the 
    damage caused by the late frost. EPA has authorized under FIFRA section 
    18 the use of mepiquat chloride on grapes for control of frost damage 
    in Ohio, New York, and Pennsylvania. After having reviewed the 
    submission, EPA concurs that emergency conditions exist for this state.
        As part of its assessment of this emergency exemption, EPA assessed 
    the potential risks presented by residues of mepiquat chloride in or on 
    grapes. In doing so, EPA considered the safety standard in FFDCA 
    section 408(b)(2), and EPA decided that the necessary tolerance under 
    FFDCA section 408(l)(6) would be consistent with the safety standard 
    and with FIFRA section 18. Consistent with the need to move quickly on 
    the emergency exemption in order to address an urgent non-routine 
    situation and to ensure that the resulting food is safe and lawful, EPA 
    is issuing this tolerance without notice and opportunity for public 
    comment under section 408(e), as provided in section 408(l)(6). 
    Although this tolerance will expire and is revoked on March 1, 2000, 
    under FFDCA section 408(l)(5), residues of the pesticide not in excess 
    of the amounts specified in the tolerance remaining in or on grapes 
    after that date will not be unlawful, provided the pesticide is applied 
    in a manner that was lawful under FIFRA, and the residues do not exceed 
    a level that was authorized by this tolerance at the time of that 
    application. EPA will take action to revoke this tolerance earlier if 
    any experience with, scientific data on, or other relevant information 
    on this pesticide indicate that the residues are not safe.
        Because this tolerance is being approved under emergency conditions 
    EPA has not made any decisions about whether mepiquat chloride meets 
    EPA's registration requirements for use on grapes or whether a 
    permanent tolerance for this use would be appropriate. Under these 
    circumstances, EPA does not believe that this tolerance serves as a 
    basis for registration of mepiquat chloride by a State for special 
    local needs under FIFRA section 24(c). Nor does this tolerance serve as 
    the basis for any State other than Ohio, New York, and Pennsylvania to 
    use this pesticide on this crop under section 18 of FIFRA without 
    following all provisions of EPA's regulations implementing section 18 
    as identified in 40 CFR part 166. For additional information regarding 
    the emergency exemption for mepiquat chloride, contact the Agency's 
    Registration Division at the address provided above.
    
    III. Aggregate Risk Assessment and Determination of Safety
    
        EPA performs a number of analyses to determine the risks from 
    aggregate exposure to pesticide residues. For further discussion of the 
    regulatory requirements of section 408 and a complete description of 
    the risk assessment process, see the Final Rule on Bifenthrin Pesticide 
    Tolerances (62 FR 62961, November 26, 1997)(FRL-5754-7).
        Consistent with section 408(b)(2)(D), EPA has reviewed the 
    available scientific data and other relevant information in support of 
    this action EPA has sufficient data to assess the hazards of mepiquat 
    chloride and to make a determination on aggregate exposure, consistent 
    with section 408(b)(2), for a time-limited tolerance for residues of 
    N,N-dimethylpiperidinium chloride on grapes at 1.0 ppm and raisins at 
    6.0 ppm. EPA's assessment of the dietary exposures and risks associated 
    with establishing the tolerance follows.
    
    A. Toxicological Profile
    
        EPA has evaluated the available toxicity data and considered its 
    validity, completeness, and reliability as well as the relationship of 
    the results of the studies to human risk. EPA has also considered 
    available information concerning the variability of the sensitivities 
    of major identifiable subgroups of consumers, including infants and 
    children. The nature of the toxic effects caused by mepiquat chloride 
    are discussed below.
        1. Acute toxicity. For acute dietary risk assessment, the results 
    from two 1-year feeding studies in the dog were combined with the 
    results from a 90-day feeding study in the dog. The NOAEL for the acute 
    dietary endpoint is 58.4 milligrams/kilogram/day (mg/kg/day) and the 
    LOAEL is 95.3 mg/kg/day based on salivation and sedation. In the second 
    1-year study, salivation (an indicator of impaired neurological 
    function) was observed in all dogs at 2 hours after each feeding. 
    Salivation was slight at first, moderate to severe during the next 4 
    hours and then gradually disappeared. In the subchronic feeding study, 
    sedation (also a neurotoxic sign) was observed for 1-6 hours after each 
    dosing with 95.3 mg/kg/day, the LOAEL for the 3 studies combined. Using 
    the hundredfold uncertainty factor (to account for both inter-species 
    extrapolation and intra-species variability), the acute Reference dose 
    (RfD) is calculated to be 0.6 mg/kg/day. This risk assessment will 
    evaluate acute dietary risk to all population subgroups.
         2. Short - and intermediate - term toxicity. The NOAEL is 58.4 mg/
    kg/day and the LOAEL is 95.3 mg/kg/day based on the combined results 
    from two 1-year feeding studies and one 90-day feeding study in dogs. 
    This endpoint is the same as that used for acute dietary and chronic 
    RfD.
        3. Chronic toxicity. EPA has established the RfD for mepiquat 
    chloride at 0.6 (mg/kg/day). This RfD is based on the combined 1-year 
    and subchronic feeding studies in the dog. The NOAEL is 58.4 mg/kg/day 
    and the LOAEL is 95.3 mg/kg/day based on clinical signs of toxicity 
    (salivation, sedation, abdominal and lateral positions, and xonoclonic 
    spasms), decreased body weight, and hematological changes at 95.3 mg/
    kg/day. An uncertainty factor (UF) of 100 was applied to account for 
    both inter-species extrapolation and intra-species variability. This 
    risk assessment will evaluate chronic dietary risk to all population 
    subgroups.
        4. Carcinogenicity. EPA has classified mepiquat chloride as a Group 
    E chemical - ``no evidence of carcinogenicity to humans.''
        5. FQPA safety factor. The Agency removed the required 10x safety 
    factor for all population subgroups except females and children.
    
    B. Exposures and Risks
    
        1. From food and feed uses. Tolerances have been established (40 
    CFR 180.384) for the residues of N,N-dimethylpiperidinium chloride, in 
    or on a variety of raw agricultural commodities at levels ranging from 
    3.0 ppm in cotton seed to 0.05 ppm in eggs and milk. Risk assessments 
    were conducted by EPA to assess dietary exposures and risks from 
    mepiquat chloride as follows:
        i.  Acute exposure and risk. Acute dietary risk assessments are 
    performed for a food-use pesticide if a toxicological study has 
    indicated the possibility of an effect of concern occurring as a result 
    of a 1 day or single exposure. The acute RfD = 0.6 mg/kg/day. The acute 
    dietary (food only) risk assessment used the Dietary Exposure 
    Evaluation Model (DEEM). In conducting this chronic dietary risk 
    assessment, EPA has made very conservative assumptions -- 100% of 
    grapes and all other commodities having mepiquat chloride tolerances 
    will contain mepiquat chloride residues and those residues would be at 
    the level of the tolerance -- which result in an overestimation of 
    human dietary exposure. The results of the DEEM are summarized below. 
    These estimates
    
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    should be viewed as a conservative risk estimate; further refinement 
    using anticipated residue values and percent crop-treated data in 
    conjunction with Monte Carlo analysis would result in a lower acute 
    dietary exposure estimate. For acute dietary exposure, the Agency 
    determined that the 10X safety factor is applicable to the 
    subpopulations females (13+ years), as well as infants and children 
    because of a lack of developmental toxicity data.
        Application of the 10X safety factor to the Acute RfD of 0.6 mg/kg/
    day results in an acceptable acute dietary exposure of 10% of the Acute 
    RfD for the subpopulations females (13+ years old), infants, and 
    children (1-6 years old). For the general U.S. Population and other 
    subpopulations to whom the 10X factor does not apply, 100% or less of 
    the Acute RfD would be acceptable. As shown in the following table 1, 
    the amount of acute RfD utilized does not exceed HED's level of 
    concern.
    
                Table 1.--Acute Dietary Exposure and Percent RfD
        (Total from new and published tolerances at the 99th percentile)
    ------------------------------------------------------------------------
                                                        TMRC\2\   Percent of
                 Population of Concern\1\               (mg/kg/   Acute RfD
                                                          day)      (%)\3\
    ------------------------------------------------------------------------
    U.S. Population...................................   0.0092            2
    Children (1-6 years old)..........................   0.024             4
    Females (13 + years old)..........................   0.012            2
    ------------------------------------------------------------------------
    \1\ Population for which the Acute RfD applies.
    \2\ TMRC - Theoretical Maximum Residue Concentration from DEEM.
    \3\ Percentage of reference dose (% RfD) = (TMRC/RfD) x 100%.
    
        ii. Chronic exposure and risk. The chronic RfD = 0.6 mg/kg/day. A 
    DEEM chronic exposure analysis was performed using tolerance level 
    residues, and 100% crop treated to estimate the Theoretical Maximum 
    Residue Concentration (TMRC) for the general population and subgroups 
    of interest. In conducting this chronic dietary risk assessment, EPA 
    has made very conservative assumptions -- 100% of grapes and all other 
    commodities having mepiquat chloride tolerances will contain mepiquat 
    chloride residues and those residues would be at the level of the 
    tolerance -- which result in an overestimation of human dietary 
    exposure. Thus, in making a safety determination for this tolerance, 
    EPA is taking into account this conservative exposure assessment.
        The existing mepiquat chloride tolerances (published, pending, and 
    including the necessary section 18 tolerance(s)) result in a TMRC that 
    is equivalent to the percentages of the Chronic RfD listed the 
    following table 2 below. Application of the 10X safety factor to the 
    Chronic RfD of 0.6 mg/kg/day results in an acceptable chronic dietary 
    exposure of 10% or less of the chronic RfD for the subpopulations 
    females (13+ years old), infants, and children (1-6 years old). For the 
    general U.S. Population and other subpopulations to whom the 10X factor 
    does not apply, 100% or less of the chronic RfD would be acceptable. As 
    shown in the following table 2, the amount of chronic RfD utilized does 
    not exceed HED's level of concern.
    
              Table 2.--Chronic Dietary Exposure and Percent of RfD
    ------------------------------------------------------------------------
                                                          TMRC    Percentage
                 Population of Concern\1\               (mg/kg/   of Chronic
                                                        day)\2\   RfD (%)\3\
    ------------------------------------------------------------------------
    U.S. Population (48 States).......................   0.0010           <1 nursing="" infants=""><1 year="" old).....................="" 0.0011=""><1 non-nursing="" infants=""><1 year="" old).................="" 0.0024=""><1 children="" (1-6="" years="" old)..........................="" 0.0034=""><1 females="" (13="" years="" +,="" nursing).....................="" 0.0014=""><1 ------------------------------------------------------------------------="" \1\="" the="" subgroups="" listed="" above="" are:="" (1)="" the="" u.s.="" population="" (48="" states);="" (2)="" those="" for="" infants="" and="" children;="" and,="" (3)="" the="" other="" subgroups="" for="" which="" the="" percentage="" of="" the="" rfd="" occupied="" is="" greater="" than="" that="" occupied="" by="" the="" subgroup="" u.s.="" population="" (48="" states).="" the="" chronic="" rfd="" applies="" to="" all="" popuplation="" subgroups.="" \2\="" tmrc="" -="" theoretical="" maximum="" residue="" concentration="" from="" deem.="" \3\="" percentage="" of="" reference="" dose="" (%="" rfd)="(TMRC/RfD)" x="" 100%.="" 2.="" from="" drinking="" water.="" mepiquat="" chloride="" is="" stable="" to="" hydrolysis="" and="" photolysis.="" soil="" and="" aqueous="" photolysis="" are="" not="" routes="" of="" dissipation.="" under="" aerobic="" conditions,="" mepiquat="" chloride="" appears="" to="" degrade="" rapidly="" to="">2. Under anaerobic conditions, it 
    appears stable. Based on study results, mepiquat chloride is considered 
    to be relatively non-mobile, and is not expected to accumulate in fish. 
    Since the other mepiquat chloride metabolites also degrade rapidly to 
    CO2, parent mepiquat chloride is the only residue of 
    concern. There are no established Maximum Contaminant Levels or health 
    advisory levels for residues of mepiquat chloride in drinking water. 
    Furthermore, mepiquat chloride is considered to have limited potential 
    for groundwater contamination. Because of mepiquat chloride's low usage 
    rate and its rapid degradation, significant migration to surface water 
    is not expected.
        i. Acute exposure and risk. Drinking water levels of concern 
    (DWLOC) for acute and chronic dietary exposure are included as the 
    following Tables 3 and 4.
    
                     Table 3.-- Drinking Water Levels of Concern (DWLOC) for ACUTE Dietary Exposure
    ----------------------------------------------------------------------------------------------------------------
                                                          Acute
                                                           RfD    Acute RfD      Acute      Max Water       Acute
                        Population\7\                      (mg/   with FQPA     Dietary    Exposure\3\   DWLOC4,5,6
                                                           kg/    factor\1\   Exposure\2\  (mg/kg/day)  (g/
                                                           day)  (mg/kg/day)  (mg/kg/day)                    L)
    ----------------------------------------------------------------------------------------------------------------
    U.S. Population.....................................   0.6     0.6 (FQPA
                                                                 factor does
                                                                  not apply)     0.0092       0.59            21,000
    Females 13 years +..................................   0.6          0.06     0.012        0.048            1,400
    Children/Infants....................................   0.6          0.06     0.024        0.036             360
    ----------------------------------------------------------------------------------------------------------------
    \1\ Acute RfD with FQPA factor = Acute RfD/FQPA Safety Factor (10x).
    \2\ Acute Dietary Exposure from DEEM analysis.
    
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    \3\ Max Water Exposure = Acute RfD with FQPA factor - Acute Dietary Exposure (mg/kg/day).
    \4\ Acute DWLOC(g/L) = Max. water exposure (mg/kg/day) * body wt (kg)/(10-3 mg/g) * water
      consumed daily (L/day).
    \5\ HED Default body weights are 70 kg for General US Population; 60 kg for females 13+ and 10 kg for infants
      and children.
    \6\ HED Default Daily Drinking Rates are 2 L/day for Adults and 1 L/day for infants and children.
    \7\ Within each of these categories, the subgroup with the highest food exposure was given.
    
    
                                         Table 4.--Drinking Water Levels of Concern (DWLOC) for CHRONIC Dietary Exposure
    --------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                             Chronic RfD with   Chronic Dietary       Max Water
                         Population                       Chronic RfD (mg/    FQPA factor\1\    Exposure\2\ (mg/   Exposure\3\ (mg/    Chronic DWLOC4,5,6,7
                                                              kg/day)          (mg/kg/day)          kg/day)            kg/day)            (g/L)
    --------------------------------------------------------------------------------------------------------------------------------------------------------
    U.S. Population....................................                0.6   0.6 (FQPA factor
                                                                              does not apply)             0.0010              0.599                   21,000
    Females 13 years +.................................                0.6               0.06             0.0014             0.0586                    1,800
    Children/Infants...................................                0.6               0.06             0.0034             0.0566                     570
    --------------------------------------------------------------------------------------------------------------------------------------------------------
    \1\ Acute RfD with FQPA factor = Acute RfD/FQPA Safety Factor (10x).
    \2\ Acute Dietary Exposure from DEEM analysis.
    \3\ Max Water Exposure = Acute RfD with FQPA factor - Acute Dietary Exposure (mg/kg/day).
    \4\ Chronic DWLOC(g/L) = Max. water exposure (mg/kg/day) * body wt (kg)/(10-3 mg/g) * water consumed daily (L/day).
    \5\ HED Default body weights are 70 kg for General US Population; 60 kg for females 13+ and 10 kg for infants and children.
    \6\ HED Default Daily Drinking Rates are 2 L/day for Adults and 1 L/day for infants and children.
    \7\ Within each of these categories, the subgroup with the highest food exposure was given.
    
        ii. Chronic exposure and risk. ``The Interim Guidance for 
    Conducting Drinking Water Exposure and Risk Assessments`` issued on 
    November 24, 1997 was followed for this assessment. Thus, the generic 
    expected environmental concentration (GENEEC) model and the SCI-GROW 
    model were run to produce estimates of mepiquat chloride concentrations 
    in surface and ground water, respectively. The primary use of these 
    models is to provide a coarse screen for sorting out pesticides for 
    which EPA has a high degree of confidence that the true levels of the 
    pesticide in drinking water will be less than the human health drinking 
    water levels of concern (DWLOCs). A DWLOC is the concentration of a 
    pesticide in drinking water which would be acceptable as an upper limit 
    in light of total aggregate exposure to that chemical from food, water, 
    and non-occupational (residential) sources.
        The DWLOC is the concentration in drinking water as a part of the 
    aggregate chronic exposure that occupies no more than 100% of the RfD. 
    The Agency's default body weights and water consumption values used to 
    calculate DWLOCs are as follows: 70 kg/2L (adult male), 60 kg/2L (adult 
    female), and 10 kg/1L (child).
        For chronic (non-cancer) exposure to mepiquat chloride in surface 
    and ground water, the drinking water levels of concern are 21,000 
    g/L for the U.S. population, 1,800 g/L for females 
    (13+ years old), and 570 g/L for children (1-6 years old). To 
    calculate the DWLOC for chronic (non-cancer) exposure relative to a 
    chronic toxicity endpoint, the chronic dietary food exposure (from 
    DEEM) was subtracted from the RfD to obtain the acceptable chronic 
    (non-cancer) exposure to mepiquat chloride in drinking water. DWLOCs 
    were then calculated using default body weights and drinking 
    consumption figures.
        Estimated average concentrations of mepiquat chloride in surface 
    and groundwater are 1.99 parts per billion (ppb) and 0.008 ppb, 
    respectively. The DWLOCs are as stated above. The estimated average 
    concentrations of mepiquat chloride in surface and groundwater are less 
    than OPP EPA's level of concern for mepiquat chloride in drinking water 
    as a contribution to chronic aggregate exposure.
        3. From non-dietary exposure. Mepiquat Chloride is currently not 
    registered for use on any sites that present a risk of non-
    occupational, non-dietary exposure.
        4. Cumulative exposure to substances with common mechanism of 
    toxicity. Section 408(b)(2)(D)(v) requires that, when considering 
    whether to establish, modify, or revoke a tolerance, the Agency 
    consider ``available information'' concerning the cumulative effects of 
    a particular pesticide's residues and ``other substances that have a 
    common mechanism of toxicity.''
        EPA does not have, at this time, available data to determine 
    whether mepiquat chloride has a common mechanism of toxicity with other 
    substances or how to include this pesticide in a cumulative risk 
    assessment. Unlike other pesticides for which EPA has followed a 
    cumulative risk approach based on a common mechanism of toxicity, 
    mepiquat chloride does not appear to produce a toxic metabolite 
    produced by other substances. For the purposes of this tolerance 
    action, therefore, EPA has not assumed that mepiquat chloride has a 
    common mechanism of toxicity with other substances. For more 
    information regarding EPA's efforts to determine which chemicals have a 
    common mechanism of toxicity and to evaluate the cumulative effects of 
    such chemicals, see the Final Rule for Bifenthrin Pesticide Tolerances 
    (62 FR 62961, November 26, 1997).
    
    C. Aggregate Risks and Determination of Safety for U.S. Population
    
        1. Acute risk. The acute risk for ``food only'' does not exceed 
    EPA's level of concern. Since estimates of mepiquat chloride in 
    drinking water do not exceed acute drinking water levels of concern 
    (DWLOC) listed in Table 3 of this preamble, the Agency does not expect 
    the acute aggregate risk to exceed the level of concern.
        2. Chronic risk. Using the TMRC exposure assumptions described 
    above, EPA has concluded that aggregate exposure to mepiquat chloride 
    from food will utilize < 1%="" of="" the="" rfd="" for="" the="" u.s.="" population.="" the="" major="" identifiable="" subgroup="" with="" the="" highest="" aggregate="" exposure="" is="" discussed="" below.="" epa="" generally="" has="" no="" concern="" for="" exposures="" below="" 100%="" of="" the="" rfd="" because="" the="" rfd="" represents="" the="" level="" at="" or="" below="" which="" daily="" aggregate="" dietary="" exposure="" over="" a="" lifetime="" will="" not="" pose="" appreciable="" risks="" to="" human="" health.="" despite="" the="" potential="" for="" exposure="" to="" mepiquat="" chloride="" in="" drinking="" water="" and="" from="" non-dietary,="" non-occupational="" exposure,="" epa="" does="" not="" expect="" the="" aggregate="" exposure="" to="" exceed="" 100%="" of="" the="" rfd.="" 3.="" short-="" and="" intermediate-term="" risk.="" short-="" and="" intermediate-term="" aggregate="" exposure="" takes="" into="" account="" chronic="" dietary="" food="" and="" water="" (considered="" to="" be="" a="" background="" exposure="" level)="" plus="" indoor="" and="" outdoor="" residential="" uses.="" there="" are="" no="" registered="" residential="" uses="" of="" mepiquat="" chloride.="" therefore,="" a="" [[page="" 51845]]="" short-="" and="" intermediate-term="" aggregate="" risk="" assessment="" is="" not="" applicable.="" 4.="" aggregate="" cancer="" risk="" for="" u.s.="" population.="" the="" agency="" has="" classified="" mepiquat="" chloride="" as="" a="" group="" e="" chemical,="" ``no="" evidence="" of="" carcinogenicity="" to="" humans.''="" therefore,="" a="" risk="" assessment="" is="" not="" required.="" 5.="" determination="" of="" safety.="" based="" on="" these="" risk="" assessments,="" epa="" concludes="" that="" there="" is="" a="" reasonable="" certainty="" that="" no="" harm="" will="" result="" from="" aggregate="" exposure="" to="" mepiquat="" chloride="" residues.="" d.="" aggregate="" risks="" and="" determination="" of="" safety="" for="" infants="" and="" children="" 1.="" safety="" factor="" for="" infants="" and="" children--="" i.="" in="" general.="" in="" assessing="" the="" potential="" for="" additional="" sensitivity="" of="" infants="" and="" children="" to="" residues="" of="" mepiquat="" chloride,="" epa="" considered="" data="" from="" developmental="" toxicity="" studies="" in="" the="" rat="" and="" rabbit="" and="" a="" two-="" generation="" reproduction="" study="" in="" the="" rat.="" the="" developmental="" toxicity="" studies="" are="" designed="" to="" evaluate="" adverse="" effects="" on="" the="" developing="" organism="" resulting="" from="" maternal="" pesticide="" exposure="" during="" gestation.="" reproduction="" studies="" provide="" information="" relating="" to="" effects="" from="" exposure="" to="" the="" pesticide="" on="" the="" reproductive="" capability="" of="" mating="" animals="" and="" data="" on="" systemic="" toxicity.="" ffdca="" section="" 408="" provides="" that="" epa="" shall="" apply="" an="" additional="" tenfold="" margin="" of="" safety="" for="" infants="" and="" children="" in="" the="" case="" of="" threshold="" effects="" to="" account="" for="" pre-and="" post-natal="" toxicity="" and="" the="" completeness="" of="" the="" data="" base="" unless="" epa="" determines="" that="" a="" different="" margin="" of="" safety="" will="" be="" safe="" for="" infants="" and="" children.="" margins="" of="" safety="" are="" incorporated="" into="" epa="" risk="" assessments="" either="" directly="" through="" use="" of="" a="" margin="" of="" exposure="" (moe)="" analysis="" or="" through="" using="" uncertainty="" (safety)="" factors="" in="" calculating="" a="" dose="" level="" that="" poses="" no="" appreciable="" risk="" to="" humans.="" epa="" believes="" that="" reliable="" data="" support="" using="" the="" standard="" moe="" and="" uncertainty="" factor="" (usually="" 100="" for="" combined="" inter-="" and="" intra-species="" variability)="" and="" not="" the="" additional="" tenfold="" moe/uncertainty="" factor="" when="" epa="" has="" a="" complete="" data="" base="" under="" existing="" guidelines="" and="" when="" the="" severity="" of="" the="" effect="" in="" infants="" or="" children="" or="" the="" potency="" or="" unusual="" toxic="" properties="" of="" a="" compound="" do="" not="" raise="" concerns="" regarding="" the="" adequacy="" of="" the="" standard="" moe/safety="" factor.="" ii.="" developmental="" toxicity="" studies.--a.="" rats.="" in="" a="" developmental="" toxicity="" study,="" wistar="" rats="" were="" dosed="" by="" oral="" gavage="" at="" levels="" of="" 0,="" 50,="" 150,="" or="" 300="" mg/kg/day="" during="" gestation="" days="" 6="" through="" 15.="" based="" on="" the="" clinical="" signs="" of="" toxicity="" and="" decreases="" in="" the="" food="" consumption="" and="" body="" weight="" gains,="" the="" maternal="" toxicity="" loael="" is="" 300="" mg/kg/day="" and="" the="" maternal="" toxicity="" noael="" is="" 150="" mg/kg/day.="" since="" developmental="" toxicity="" was="" not="" observed="" in="" this="" study,="" the="" developmental="" toxicity="" noel="" is=""> 300 mg/kg/day (Hight Dose Tested).
        b. Rabbits. In a developmental toxicity study, mepiquat chloride 
    was administered to Himalayan rabbits at dose levels of 0 (untreated 
    control), 0 (vehicle control), 50, 100 and 150 mg/kg/day during 
    gestation days 6-18. The maternal NOAEL is 50 mg/kg/day (borderline 
    value) and the LOAEL is 100 mg/kg/day based on body weight loss and 
    decreased body weight gain; decreased food consumption; amber-colored 
    liquid in the abdomens of six rabbits; diarrhea, trembling and apathy 
    in one rabbit; and six abortions. Developmental effects were not 
    observed in the 50 mg/kg group. Because of the high abortion rate in 
    the 100 mg/kg group (37.5%) and high death and abortion rate in the 150 
    mg/kg group (58.8%), inadequate numbers of fetuses in the mid-dose and 
    high-dose groups preclude the meaningful evaluation of developmental 
    toxicity in this study. In order to evaluate developmental toxicity in 
    the rabbit, the current study was to be considered with another study 
    in which two doses of mepiquat chloride (75 and 100 mg/kg) were tested. 
    However, because the results were reported only in the form of a brief 
    summary, the second study cannot be presently evaluated. The 
    developmental toxicity study in the rabbit is classified as 
    supplementary/unacceptable and does not satisfy the guideline 
    requirement 83-3b (OPPTS 870.3700). The study is upgradable following 
    the review and acceptance of the second study.
        iii. Reproductive toxicity study.-- Rats. In the 2-generation 
    reproductive toxicity study, groups of 25 male and 25 female Wistar 
    rats were fed mepiquat chloride in their diets at concentrations of 0, 
    500, 1,500, or 5,000 ppm for 10 weeks (F0) or 14 weeks 
    (F1) before mating, and during mating, gestation, and 
    lactation. The doses corresponding to the dietary concentrations are 
    51.2 and 48.6, 153.1 and 146.6, and 499.3 and 574.5 mg/kg/day, 
    respectively for F0 and F1 males and 54.0 and 
    53.3, 163.6 and 162.0, and 530.0 and 626.5 mg/kg/day, respectively for 
    F0 and F1 females.
        The LOAEL for parental (systemic) toxicity is 5,000 ppm (499 mg/kg/
    day) for male and female rats based on neurological impairment, 
    decreased body weight and body weight gain in the adults, and retarded 
    growth of F1 and F2 pups. The parental (systemic) 
    NOAEL is 1,500 ppm (147 mg/kg/day). There were no treatment-related 
    effects on reproductive parameters. The NOAEL for reproductive toxicity 
    is > 5,000 ppm (499 mg/kg/day).
        iv. Pre- and post-natal sensitivity. The toxicological data base 
    for evaluating pre- and post-natal toxicity for mepiquat chloride is 
    incomplete with respect to current data requirements. There are no pre- 
    or post-natal toxicity concerns for infants and children, based on the 
    results of the rat developmental toxicity study and the 2-generation 
    rat reproductive toxicity study. However the developmental toxicity 
    study in rabbits was unacceptable and requires a new study.
        v. Conclusion. Based on the above, the Agency determined that the 
    10X safety factor for protection of infants and children should be 
    retained and applied to all population subgroups involving women and 
    children.
        2. Acute risk. The acute risk for food and drinking water do not 
    exceed EPA's level of concern and therefore the acute aggregate risk 
    does not exceed the Agency's level of concern.
        3. Chronic risk. Using the exposure assumptions described above, 
    EPA has concluded that aggregate exposure to mepiquat chloride from 
    food will utilize < 1%="" of="" the="" rfd="" for="" infants="" and="" children.="" epa="" generally="" has="" no="" concern="" for="" exposures="" below="" 100%="" of="" the="" rfd="" because="" the="" rfd="" represents="" the="" level="" at="" or="" below="" which="" daily="" aggregate="" dietary="" exposure="" over="" a="" lifetime="" will="" not="" pose="" appreciable="" risks="" to="" human="" health.="" 4.="" short-="" or="" intermediate-term="" risk.="" short-="" and="" intermediate-term="" aggregate="" exposure="" takes="" into="" account="" chronic="" dietary="" food="" and="" water="" (considered="" to="" be="" a="" background="" exposure="" level)="" plus="" indoor="" and="" outdoor="" residential="" uses.="" there="" are="" no="" registered="" residential="" uses="" of="" mepiquat="" chloride.="" therefore,="" a="" short-="" and="" intermediate-term="" aggregate="" risk="" assessment="" is="" not="" applicable.="" 5.="" determination="" of="" safety.="" based="" on="" these="" risk="" assessments,="" epa="" concludes="" that="" there="" is="" a="" reasonable="" certainty="" that="" no="" harm="" will="" result="" to="" infants="" and="" children="" from="" aggregate="" exposure="" to="" mepiquat="" chloride="" residues.="" iv.="" other="" considerations="" a.="" metabolism="" in="" plants="" and="" animals="" a="" previously="" submitted="" study="" of="" the="" metabolism="" of="" mepiquat="" chloride="" in="" grapes="" was="" found="" to="" be="" adequate.="" the="" residue-of-concern="" in="" grapes="" is="" considered="" to="" be="" the="" parent="" compound="" only.="" secondary="" residues="" are="" not="" expected="" in="" animal="" commodities="" as="" no="" feed="" items="" are="" associated="" with="" this="" section="" 18="" use.="" b.="" analytical="" enforcement="" methodology="" the="" analytical="" method="" gas="" chromatography/nitrogen="" phosphorus="" [[page="" 51846]]="" detector="" (gc/npd)="" for="" mepiquat="" chloride="" in/on="" grapes="" was="" previously="" reviewed="" and="" found="" to="" be="" adequate="" for="" tolerance="" enforcement.="" the="" limit="" of="" quantification="" (loq)="" for="" this="" method="" was="" reported="" as="" 0.05="" ppm="" in="" grapes,="" 0.1="" ppm="" in="" grape="" juice,="" and="" 0.25="" ppm="" in="" raisins.="" c.="" magnitude="" of="" residues="" the="" grape="" residue="" data="" provided="" with="" this="" action="" appear="" to="" be="" a="" summary="" of="" the="" data="" that="" were="" supplied="" with="" a="" previously="" submitted="" petition="" (pp="" 1f3955/1h5610).="" in="" support="" of="" that="" petition,="" 28="" field="" trials="" in="" 8="" different="" states="" (california,="" new="" york,="" pennsylvania,="" oregon,="" michigan,="" new="" jersey,="" ohio,="" and="" georgia)="" were="" conducted="" in="" 1984="" and="" 1985.="" residues="" of="" mepiquat="" chloride="" in/on="" grapes="" ranged="" from="">< 0.05="" to="" 0.76="" ppm="" with="" phis="" ranging="" from="" 77="" to="" 135="" days.="" the="" highest="" value,="" 0.76="" ppm,="" is="" from="" a="" 0.4="" lb/a="" treatment="" (1.6="" times="" the="" recommended="" rate)="" and="" was="" found="" 106="" days="" after="" application.="" in="" ohio,="" residues="" of="" mepiquat="" chloride="" were="" 0.1="" and="" 0.15="" ppm="" for="" phis="" of="" 112="" and="" 106="" days,="" respectively.="" a="" time-limited="" tolerance="" of="" 1="" ppm="" for="" residues="" of="" mepiquat="" chloride="" in/on="" grapes="" will="" be="" established="" for="" purposes="" of="" this="" section="" 18="" use="" only.="" grapes="" processed="" from="" the="" field="" trials="" indicate="" that="" production="" of="" raisins="" resulted="" in="" a="" sixfold="" increase="" in="" mepiquat="" chloride="" residues.="" mepiquat="" chloride="" did="" not="" concentrate="" in="" grape="" juice.="" a="" time-="" limited="" tolerance="" of="" 6="" ppm="" for="" residues="" of="" mepiquat="" chloride="" in/on="" raisins="" will="" be="" established="" to="" support="" this="" section="" 18="" use.="" secondary="" residues="" are="" not="" expected="" in="" animal="" commodities="" as="" no="" feed="" items="" are="" associated="" with="" this="" section="" 18="" use.="" d.="" international="" residue="" limits="" there="" are="" no="" codex,="" canadian,="" or="" mexican="" tolerances="" established="" for="" mepiquat="" chloride="" on="" grapes.="" thus,="" international="" harmonization="" is="" not="" an="" issue="" for="" these="" time-limited="" tolerances.="" e.="" rotational="" crop="" restrictions="" since="" grapes="" are="" not="" rotated="" to="" other="" crops,="" a="" discussion="" of="" rotational="" crop="" restrictions="" is="" not="" germane="" to="" this="" action.="" v.="" conclusion="" therefore,="" the="" tolerance="" is="" established="" for="" residues="" of="" n,n-="" dimethylpiperidinium="" chloride="" in="" grapes="" at="" 1.0="" ppm="" and="" raisins="" at="" 6.0="" ppm.="" vi.="" objections="" and="" hearing="" requests="" the="" new="" ffdca="" section="" 408(g)="" provides="" essentially="" the="" same="" process="" for="" persons="" to="" ``object''="" to="" a="" tolerance="" regulation="" issued="" by="" epa="" under="" new="" section="" 408(e)="" and="" (l)(6)="" as="" was="" provided="" in="" the="" old="" section="" 408="" and="" in="" section="" 409.="" however,="" the="" period="" for="" filing="" objections="" is="" 60="" days,="" rather="" than="" 30="" days.="" epa="" currently="" has="" procedural="" regulations="" which="" govern="" the="" submission="" of="" objections="" and="" hearing="" requests.="" these="" regulations="" will="" require="" some="" modification="" to="" reflect="" the="" new="" law.="" however,="" until="" those="" modifications="" can="" be="" made,="" epa="" will="" continue="" to="" use="" those="" procedural="" regulations="" with="" appropriate="" adjustments="" to="" reflect="" the="" new="" law.="" any="" person="" may,="" by="" november="" 30,="" 1998,="" file="" written="" objections="" to="" any="" aspect="" of="" this="" regulation="" and="" may="" also="" request="" a="" hearing="" on="" those="" objections.="" objections="" and="" hearing="" requests="" must="" be="" filed="" with="" the="" hearing="" clerk,="" at="" the="" address="" given="" above="" (40="" cfr="" 178.20).="" a="" copy="" of="" the="" objections="" and/or="" hearing="" requests="" filed="" with="" the="" hearing="" clerk="" should="" be="" submitted="" to="" the="" opp="" docket="" for="" this="" rulemaking.="" the="" objections="" submitted="" must="" specify="" the="" provisions="" of="" the="" regulation="" deemed="" objectionable="" and="" the="" grounds="" for="" the="" objections="" (40="" cfr="" 178.25).="" each="" objection="" must="" be="" accompanied="" by="" the="" fee="" prescribed="" by="" 40="" cfr="" 180.33(i).="" if="" a="" hearing="" is="" requested,="" the="" objections="" must="" include="" a="" statement="" of="" the="" factual="" issues="" on="" which="" a="" hearing="" is="" requested,="" the="" requestor's="" contentions="" on="" such="" issues,="" and="" a="" summary="" of="" any="" evidence="" relied="" upon="" by="" the="" requestor="" (40="" cfr="" 178.27).="" a="" request="" for="" a="" hearing="" will="" be="" granted="" if="" the="" administrator="" determines="" that="" the="" material="" submitted="" shows="" the="" following:="" there="" is="" genuine="" and="" substantial="" issue="" of="" fact;="" 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;="" and="" resolution="" of="" the="" factual="" issues="" in="" the="" manner="" sought="" by="" the="" requestor="" would="" be="" adequate="" to="" justify="" the="" action="" requested="" (40="" cfr="" 178.32).="" information="" submitted="" in="" connection="" with="" an="" objection="" or="" hearing="" request="" may="" be="" claimed="" 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.="" a="" copy="" of="" the="" information="" 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.="" vii.="" public="" record="" and="" electronic="" submissions="" epa="" has="" established="" a="" record="" for="" this="" rulemaking="" under="" docket="" control="" number="" [opp-300719]="" (including="" any="" comments="" and="" data="" submitted="" electronically).="" a="" public="" version="" of="" this="" record,="" including="" printed,="" paper="" versions="" of="" electronic="" comments,="" which="" does="" not="" include="" any="" information="" claimed="" as="" cbi,="" is="" available="" for="" inspection="" from="" 8:30="" a.m.="" to="" 4="" p.m.,="" monday="" through="" friday,="" excluding="" legal="" holidays.="" the="" public="" record="" is="" located="" in="" room="" 119="" of="" the="" public="" information="" and="" records="" integrity="" branch,="" information="" resources="" and="" services="" division="" (7502c)="" office="" of="" pesticide="" programs,="" environmental="" protection="" agency,="" crystal="" mall="" #2,="" 1921="" jefferson="" davis="" highway,="" arlington,="" va.="" electronic="" comments="" may="" be="" sent="" directly="" to="" epa="" at:="">opp-docket@epamail.epa.gov.
    
        Electronic comments must be submitted as an ASCII file avoiding the 
    use of special characters and any form of encryption.
        The official record for this rulemaking, as well as the public 
    version, as described above will be kept in paper form. Accordingly, 
    EPA will transfer any copies of objections and hearing requests 
    received electronically into printed, paper form as they are received 
    and will place the paper copies in the official rulemaking record which 
    will also include all comments submitted directly in writing. The 
    official rulemaking record is the paper record maintained at the 
    Virginia address in ``ADDRESSES'' at the beginning of this document. 
    VIII.
    
    VIII. Regulatory Assessment Requirements
    
    A. Certain Acts and Executive Orders
    
        This final rule establishes a tolerance under FFDCA section 408 
    (l)(6). The Office of Management and Budget (OMB) has exempted these 
    types of actions from review under Executive Order 12866, entitled 
    Regulatory Planning and Review (58 FR 51735, October 4, 1993). This 
    final rule does not contain any information collections subject to OMB 
    approval under the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et 
    seq., or impose any enforceable duty or contain any unfunded mandate as 
    described under Title II of the Unfunded Mandates Reform Act of 1995 
    (UMRA) (Pub. L. 104-4). Nor does it require any prior consultation as 
    specified by Executive
    
    [[Page 51847]]
    
    Order 12875, entitled Enhancing the Intergovernmental Partnership (58 
    FR 58093, October 28, 1993), or special considerations as required by 
    Executive Order 12898, entitled Federal Actions to Address 
    Environmental Justice in Minority Populations and Low-Income 
    Populations (59 FR 7629, February 16, 1994), or require OMB review in 
    accordance with Executive Order 13045, entitled Protection of Children 
    from Environmental Health Risks and Safety Risks (62 FR 19885, April 
    23, 1997).
        In addition, since tolerances and exemptions that are established 
    under FFDCA section 408 (l)(6), such as the tolerance in this final 
    rule, do not require the issuance of a proposed rule, the requirements 
    of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.) do not 
    apply. Nevertheless, the Agency has previously assessed whether 
    establishing tolerances, exemptions from tolerances, raising tolerance 
    levels or expanding exemptions might adversely impact small entities 
    and concluded, as a generic matter, that there is no adverse economic 
    impact. The factual basis for the Agency's generic certification for 
    tolerance actions published on May 4, 1981 (46 FR 24950), and was 
    provided to the Chief Counsel for Advocacy of the Small Business 
    Administration.
    
    B. Executive Order 12875
    
        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 Office of Management and Budget (OMB) a description of 
    the extent of EPA's prior consultation with representatives of affected 
    State, local and tribal governments, the nature of their concerns, 
    copies of any written communications from the governments, and a 
    statement supporting the need to issue the regulation. In addition, 
    Executive Order 12875 requires EPA to develop an effective process 
    permitting elected officials and other representatives of State, local 
    and tribal governments ``to provide meaningful and timely input in the 
    development of regulatory proposals containing significant unfunded 
    mandates.''
        Today's rule does not create an unfunded federal mandate on State, 
    local or tribal governments. The rule does not impose any enforceable 
    duties on these entities. Accordingly, the requirements of section 1(a) 
    of Executive Order 12875 do not apply to this rule.
    
    C. Executive Order 13084
    
        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.
    
     IX. Submission to Congress and the Comptroller General
    
        The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
    Small Business Regulatory Enforcement Fairness Act of 1996, generally 
    provides that before a rule may take effect, the agency promulgating 
    the rule must submit a rule report, which includes a copy of the rule, 
    to each House of the Congress and 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 rule is not a 
    ``major rule'' as defined by 5 U.S.C. 804(2).
    
    List of Subjects in 40 CFR Part 180
    
        Environmental protection, Administrative practice and procedure, 
    Agricultural commodities, Pesticides and pests, Reporting and 
    recordkeeping requirements.
    
    
        Dated: September 18, 1998.
    
    James Jones,
    
    Director, Registration Division, Office of Pesticide Programs.
        Therefore, 40 CFR chapter I is 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. In Sec. 180.384 as follows:
        i. By designating the existing text as paragraph (a) and adding a 
    paragraph heading.
        ii. By adding paragraph (b) and by adding and reserving with 
    headings paragraphs (c) and (d).
        The added text reads as follows:
    
    
    Sec. 180.384  N,N-Dimethylpiperidinium chloride; tolerances for 
    residues.
    
        (a) General. *    *    *
        (b) Section 18 emergency exemptions. Time limited tolerances are 
    established for residues of the plant growth regulator mepiquat 
    chloride, N,N-Dimethylpiperidinium chloride under section 18 emergency 
    exemptions granted by EPA when used on the commodities in the table 
    below. The tolerances will expire and are revoked on the dates 
    specified in the following table.
    
    ------------------------------------------------------------------------
                                                              Expiration/
                Commodity              Parts per million    Revocation Date
    ------------------------------------------------------------------------
    Grapes..........................  1.0                 3/1/00
    Raisins.........................  6.0                 3/1/00
    ------------------------------------------------------------------------
    
    
    [[Page 51848]]
    
        (c) Tolerances with regional registrations. [Reserved]
        (d) Indirect or inadvertent residues. [Reserved]
    
    PART 186-- [AMENDED]
    
        2. In part 186:
        a. The authority citation for part 186 continues to read as 
    follows;
        Authority:  21 U.S.C. 348.
    
    Sec. 186.2275 [Partially Redesignated and Removed]
    
        b. In Sec. 186.2275 by transfering the entry for ``cottonseed'' 
    from the table and adding it alphabetically to the table in newly 
    designated paragraph (a) of Sec. 180.384, and by removing the remainder 
    of Sec. 186.2275.
    [FR Doc. 98-25984 Filed 9-28-98; 8:45 am]
    BILLING CODE 6560-50-F
    
    
    

Document Information

Effective Date:
9/29/1998
Published:
09/29/1998
Department:
Environmental Protection Agency
Entry Type:
Rule
Action:
Final rule.
Document Number:
98-25984
Dates:
This regulation is effective September 29, 1998. Objections and requests for hearings must be received by EPA on or before November 30, 1998.
Pages:
51841-51848 (8 pages)
Docket Numbers:
OPP-300719, FRL-6032-6
RINs:
2070-AB78
PDF File:
98-25984.pdf
CFR: (2)
40 CFR 180.384
40 CFR 186.2275