[Federal Register Volume 64, Number 139 (Wednesday, July 21, 1999)]
[Rules and Regulations]
[Pages 39078-39083]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-18608]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 180, 185, and 186
[OPP-300847A; FRL-6093-9]
RIN 2070-AB78
Bentazon, Cyanazine, Dicrotophos, Diquat, Ethephon, Oryzalin,
Oxadiazon, Picloram, Prometryn, and Trifluralin; Tolerance Actions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: This final rule revokes specific tolerances for the herbicides
bentazon, diquat, oxadiazon, picloram, prometryn, and trifluralin; the
plant growth regulator ethephon; and the insecticide dimethyl phosphate
of 3-hydroxy-N,N-dimethyl-cis-crotonamide [Dicrotophos]. EPA is
revoking these tolerances because EPA has canceled the food uses
associated with them. In addition, EPA is revising commodity
terminology for oryzalin, bentazon, diquat, ethephon, picloram, and
trifluralin to conform to current Agency practice. Due to a comment,
EPA will not finalize an action on 2-[[4-chloro-6-(ethylamino)-s-
triazin-2-yl]amino]-2-methylpropionitrile [Cyanazine], at this time.
The regulatory actions in this final 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
17 tolerances and/or exemptions. Since three tolerances were previously
reassessed, 14 of the 17 revocations are counted here 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-
300847A], 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-300847A] in the subject line on
the first page of your request.
FOR FURTHER INFORMATION CONTACT: Joseph Nevola, Special Review Branch
(7508C), Special Review and Reregistration Division, Office of
Pesticide Programs, Environmental Protection Agency, 401 M St., SW.,
Washington, DC 20460. Office location: CM #2, 6th floor, 1921 Jefferson
Davis Hwy., Arlington, VA. Telephone: (703) 308-8037; e-mail:
nevola.joseph@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
Categories NAICS Potentially
Affected Entities
------------------------------------------------------------------------
Industry 111 Crop production
112 Animal production
311 Food manufacturing
32532 Pesticide
manufacturing
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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 person identified in the ``FOR FURTHER
INFORMATION CONTACT'' section. In addition, the official record for
this notice, including the public version, has been established under
docket control number [OPP-300847A] including comments and data
submitted electronically as described below. A public version of this
record, including printed, paper versions of any electronic comments,
which does not include any information claimed as Confidential Business
Information (CBI), is available for inspection in Room 119, Crystal
Mall #2, 1921 Jefferson Davis Hwy., Arlington VA, from 8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays. The Public
Information and Records Integrity Branch telephone number is (703) 305-
5805.
[[Page 39079]]
III. What Action is being Taken?
This final rule revokes the FFDCA tolerances for residues of
certain specified pesticides in or on certain specified commodities.
EPA is revoking these tolerances because they are not necessary to
cover residues of the relevant pesticides in or on domestically treated
commodities or commodities treated outside but imported into the United
States. These pesticides are no longer used on commodities within the
United States and no person has provided comment identifying a need for
EPA to retain the tolerances to cover residues in or on imported foods.
EPA has historically expressed a concern that retention of tolerances
that are not necessary to cover residues in or on legally treated foods
has the potential to encourage misuse of pesticides within the United
States. Thus, it is EPA's policy to issue a final rule revoking those
tolerances for residues of pesticide chemicals for which there are no
active registrations under FIFRA, unless any person in comments on the
proposal demonstrates a need for the tolerance to cover residues in or
on imported commodities or domestic commodities legally treated.
EPA is not issuing today a final rule to revoke those tolerances
for which EPA received comments demonstrating a need for the tolerance
to be retained. Generally, EPA will proceed with the revocation of
these tolerances on the grounds discussed above only if: (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 23, 1999 (64 FR 19961) (FRL-6076-
4), EPA issued a document which proposed the revocation of tolerances
for residues of the herbicides bentazon, 2-[[4-chloro-6-(ethylamino)-s-
triazin-2-yl]amino]-2-methylpropionitrile [Cyanazine], diquat,
oxadiazon, picloram, prometryn, and trifluralin; the plant growth
regulator ethephon; and the insecticide dimethyl phosphate of 3-
hydroxy-N,N-dimethyl-cis-crotonamide [Dicrotophos]. EPA also proposed
to revise commodity terminology for oryzalin, bentazon, cyanazine,
diquat, ethephon, picloram, and trifluralin to conform to current
Agency practice. In that document, the Agency invited public comment
for consideration and for support of tolerance retention under FFDCA
standards.
A. Significant Comment Received
Only one significant comment was received by the Agency in response
to the document published in the Federal Register of April 23, 1999:
1. 2-[[4-Chloro-6-(ethylamino)-s-triazin-2-yl]amino]-2-
methylpropionitrile [Cyanazine]
Comment from Griffin L.L.C. (Griffin). Griffin Corporation
commented that it produces 2-[[4-chloro-6-(ethylamino)-s-triazin-2-
yl]amino]-2-methylpropionitrile [Cyanazine] for export to, and use in
other nations. Griffin requested that EPA not revoke the existing
tolerances for cyanazine, because Griffin plans maintenance of import
tolerances for cyanazine. Griffin declared that it anticipates working
with EPA to achieve compliance with the Agency's final guidance on
import tolerances and its data requirements.
Agency response. 2-[[4-Chloro-6-(ethylamino)-s-triazin-2-yl]amino]-
2-methylpropionitrile [Cyanazine] production for use in the United
States remains terminated by December 31, 1999, with cyanazine
registrations canceled on January 1, 2000, authorized sale and
distribution of such products in the channels of trade in accordance
with their labels is permitted through September 30, 2002, and use of
cyanazine products after December 31, 2002 is prohibited (61 FR 39023)
(FRL-5385-7). However, due to Griffin's interest in maintaining import
tolerances, at this time, EPA will not take action on cyanazine.
Instead, EPA will follow-up on this comment with Griffin and any final
action that EPA takes will be published in a future Federal Register
document.
B. No Significant Comment Received
As for the other tolerances proposed for revocation in the Federal
Register of April 23, 1999, no significant comments were received.
Therefore, EPA is revoking tolerances for the herbicides bentazon,
diquat, oxadiazon, picloram, prometryn, and trifluralin; the plant
growth regulator ethephon; and the insecticide dimethyl phosphate of 3-
hydroxy-N,N-dimethyl-cis-crotonamide [Dicrotophos]. In addition, EPA is
revising commodity terminology for bentazon, diquat, ethephon,
oryzalin, picloram, prometryn, and trifluralin to conform to current
Agency practice.
1. Bentazon. EPA is revoking the tolerances in 40 CFR 180.355 for
bentazon residues in or on beans, lima (succulent); mint, spent hay;
and peanuts, forage. In 40 CFR 180.355, the Agency is revising
commodity terminology for beans (except soybeans), dried to bean, dry,
seed; beans (exc. soybeans), dried, vine hays to cowpea, hay; beans
(exc. soybeans), forage to cowpea, forage; beans, succulent to bean,
succulent; Bohemian chili peppers to pepper, nonbell; cattle, mbyp to
cattle, meat byproducts; corn, fodder to corn, field, stover; corn,
forage to corn, field, forage; corn, grain to corn, field, grain and
corn, pop, grain; corn, fresh (inc. sweet K+CWHR) to corn, sweet,
kernel plus cob with husks removed; eggs to egg; peanuts to peanut;
peanuts, hay to peanut, hay; peas (dried) to pea, dry, seed; peas
(dried), vine hays to pea, field, hay; peas, forage to pea, field,
vines; peas, succulent to pea, succulent; poultry, mbyp to poultry,
meat byproducts; and rice to rice, grain.
2. Dimethyl phosphate of 3-hydroxy-N,N-dimethyl-cis-crotonamide
[Dicrotophos]. EPA is revoking the tolerance in 40 CFR 180.299 for
dimethyl phosphate of 3-hydroxy-N,N-dimethyl-cis-crotonamide residues
in or on pecans.
3. Diquat. EPA is revoking the tolerance in 40 CFR 180.226(a) for
diquat residues in or on sugarcane and the tolerance in 40 CFR
185.2500(a) and (b) for diquat residues in or on water, potable. In
180.226(a), the Agency is revising commodity terminology for potatoes
to potato; and in 180.226(b), commodity terminology for avocados to
avocado; cottonseed to cotton, undelinted seed; cucurbits to vegetable,
cucurbit, group; fruits, citrus to fruit, citrus, group; fruits, pome
to fruit, pome, group; fruits, stone to fruit, stone, group; grasses,
forage to grass, forage; hops to hop, dried cones; legumes, forage to
vegetable, foliage of legume, group; nuts to nut, tree, group;
sugarcane to sugarcane, cane; vegetables, fruiting to vegetable,
fruiting, group; and vegetables, root crop to vegetable, root and
tuber, group. In 185.2500, the terminology is revised for processed
potatoes (includes potato chips) to potato, granules/flakes and potato,
chips.
4. Ethephon. EPA is revoking the tolerances in 40 CFR 180.300 for
ethephon residues in or on filberts; lemons; pineapple fodder;
pineapple forage; tangerines; and tangerine hybrids. In 40 CFR
180.300(a), the Agency is revising commodity terminology for figs to
fig; goats, fat to goat, fat; horses, meat to horse, meat; macadamia
nuts to nut, macadamia; pineapples to pineapple; pumpkins to pumpkin;
and tomatoes to tomato. Also, in 40 CFR 185.2700, the terminology is
revised for barley, milling fractions, except flour to barley, pearled
barley
[[Page 39080]]
and barley, bran; and wheat, milling fractions, except flour to wheat,
bran, wheat, middlings, and wheat, shorts; and in 186.2700(a) for
wheat, milling fractions, except flour to wheat, milled byproducts.
5. Oryzalin. In 40 CFR 180.304(a), the Agency is revising commodity
terminology for figs to fig; kiwifruits to kiwifruit; nuts to nut,
tree, group; and olives to olive.
6. Oxadiazon. EPA is revoking the tolerance in 40 CFR 180.346 for
oxadiazon residues in or on rice straw.
7. Picloram. EPA is revoking the tolerances in 40 CFR 180.292 for
picloram residues in or on flax, seed; and flax, straw. In 40 CFR
180.292, the Agency is revising commodity terminology for cattle, mbyp
(exc. kidney and liver) to cattle, meat byproducts except kidney and
liver; eggs to egg; goats, fat to goat, fat; goats, mbyp (exc. kidney
and liver) to goat, meat byproducts except kidney and liver; goats,
meat to goat, meat; grasses, forage to grass, forage; hogs, mbyp (exc.
kidney and liver) to hog, meat byproducts except kidney and liver;
horses, mbyp (exc. kidney and liver) to horse, meat byproducts except
kidney and liver; oats, green forage to oat, forage; sheep, mbyp (exc.
kidney and liver) to sheep, meat byproducts except kidney and liver;
and wheat, green forage to wheat, forage.
8. Prometryn. EPA is revising the commodity ``cotton'' in 40 CFR
180.222 to ``cotton, forage'' because this is the more accurate
description of what that tolerance should cover. However, because
``cotton, forage'' is no longer considered a significant livestock feed
commodity according to Table I ``Raw Agricultural and Processed
Commodities and Feedstuffs Derived from Crops,'' August 1996, in the
Residue Chemistry Test Guidelines: OPPTS 860.1000, EPA 721-C-96-169,
the Agency is revoking the tolerance.
9. Trifluralin. EPA is revoking the tolerance in 40 CFR 180.207 for
trifluralin residues in or on barley, fodder. In 40 CFR 180.207, EPA is
removing the ``(N)'' designation from all entries to conform to current
Agency administrative practice. The Agency is revising commodity
terminology for carrots to carrot, roots; citrus fruits to fruit,
citrus, group; corn, grain (exc. popcorn) to corn, field, grain; corn,
grain (exc. popcorn), forage to corn, field, forage; corn, grain (exc.
popcorn), fodder to corn, field, stover; cottonseed to cotton,
undelinted seed; cucurbits to vegetable, cucurbit, group; grain, crops
(except fresh corn and rice grain) to grain, crops, except corn, sweet
and rice grain; mung bean sprouts to bean, mung, sprouts; nuts to nut,
tree, group; peanuts to peanut; peppermint, hay to peppermint, tops;
rape, seed to rapeseed, seed; spearmint, hay to spearmint, tops; stone
fruits to fruit, stone, group; sugarcane to sugarcane, cane; sunflower
seed to sunflower, seed; upland cress to cress, upland; and vegetables,
fruiting to vegetable, fruiting, group.
IV. When Do These Actions Become Effective?
These actions become effective 90 days following publication of
this final rule in the Federal Register. EPA has delayed the
effectiveness of these revocations for 90 days following publication of
the final rule to ensure that all affected parties receive notice of
EPA's actions. Consequently, the effective date is October 19, 1999.
For this particular final rule, the revocation 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 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, PA 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 V.B.1. of this
document. 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.
3. Resolution of the factual issue(s) in the manner sought by the
requestor
[[Page 39081]]
would be adequate to justify the action requested.
VI. How Do the Regulatory Assessment Requirements Apply to this
Final Action?
A. Is this a ``Significant Regulatory Action''?
No. Under Executive Order 12866, entitled Regulatory Planning and
Review (58 FR 51735, October 4, 1993), this action is not a
``significant regulatory action.'' The Office of Management and Budget
(OMB) has determined that tolerance actions, in general, are not
``significant'' unless the action involves the revocation of a
tolerance that may result in a substantial adverse and material affect
on the economy. In addition, this action is not subject to Executive
Order 13045, entitled Protection of Children from Environmental Health
Risks and Safety Risks (62 FR 19885, April 23, 1997), because this
action is not an economically significant regulatory action as defined
by Executive Order 12866. Nonetheless, environmental health and safety
risks to children are considered by the Agency when determining
appropriate tolerances. Under FQPA, EPA is required to apply an
additional 10-fold safety factor to risk assessments, in order to
ensure the protection of infants and children, unless reliable data
supports a different safety factor.
B. Does this Action Contain Any Reporting or Recordkeeping
Requirements?
No. This 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 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 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 final 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 final 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 does not involve special considerations of
environmental-justice related issues pursuant to Executive Order 12898,
entitled Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations (59 FR 7629, February 16, 1994).
F. Does this 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 final 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 to do so would be inconsistent with applicable law or otherwise
impractical. Voluntary consensus standards are technical standards
(e.g., materials specifications, test methods, sampling procedures,
business practices) that are developed or adopted by voluntary
consensus standards bodies. The NTTAA requires EPA to provide Congress,
through OMB, explanations when the Agency decides not to use available
and applicable voluntary consensus standards.
H. Are There Any International Trade Issues Raised by this Action?
EPA is working to ensure that the U.S. tolerance reassessment
program under FQPA does not disrupt international trade. EPA considers
Codex Maximum Residue Limits (MRLs) in setting U.S. tolerances and in
reassessing them. MRLs are established by the Codex Committee on
Pesticide Residues, a committee within the Codex
[[Page 39082]]
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 Reregistration Eligibility Decisions
(REDs). EPA has developed guidance concerning submissions for import
tolerance support. This guidance will be made available to interested
persons.
I. Is this Action Subject to Review under the Congressional Review Act?
Yes. The Congressional Review Act, 5 U.S.C. Sec. 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 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, Pesticides and pests.
40 CFR Part 186
Environmental protection, Animal feeds, Pesticides and pests.
Dated: July 15, 1999.
Jack E. Housenger,
Acting 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.
Sec. 180.207 [Amended]
b. In Sec. 180.207 paragraph (a), remove the ``(N)'' designation
from all entries and remove the entry for ``barley, fodder.'' Also,
remove the terms listed in the first column below and add in their
place in alphabetical order the terms listed in the second column:
------------------------------------------------------------------------
Remove Add
------------------------------------------------------------------------
Carrots................................... Carrot, roots
Citrus fruits............................. Fruit, citrus, group
Corn, grain (exc. popcorn)................ Corn, field, grain
Corn, grain (exc. popcorn), fodder........ Corn, field, stover
Corn, grain (exc. popcorn), forage........ Corn, field, forage
Cottonseed................................ Cotton, undelinted seed
Cucurbits................................. Vegetable, cucurbit, group
Grain, crops (except fresh corn and rice Grain, crops, except corn,
grain). sweet and rice grain
Mung bean sprouts......................... Bean, mung, sprouts
Nuts...................................... Nut, tree, group
Peanuts................................... Peanut
Peppermint, hay........................... Peppermint, tops
Rape, seed................................ Rapeseed, seed
Spearmint, hay............................ Spearmint, tops
Stone fruits.............................. Fruit, stone, group
Sugarcane................................. Sugarcane, cane
Sunflower seed............................ Sunflower, seed
Upland cress.............................. Cress, upland
Vegetables, fruiting...................... Vegetable, fruiting, group
------------------------------------------------------------------------
Sec. 180.222 [Amended]
c. In Sec. 180.222, in paragraph (a), the table is amended by
removing the entry for ``cotton.''
Sec. 180.226 [Amended]
d. Section 180.226 is amended as follows:
i. In paragraph (a), the table is amended by removing the entry for
``sugarcane'' and revising the term ``potatoes'' to read ``potato''.
ii. In the table to paragraph (b), remove the terms listed in the
first column below and add in their place in alphabetical order the
terms listed in the second column:
------------------------------------------------------------------------
Remove Add
------------------------------------------------------------------------
Avocados.................................. Avocado
Cottonseed................................ Cotton, undelinted seed
Cucurbits................................. Vegetable, cucurbit, group
Fruits, citrus............................ Fruit, citrus, group
Fruits, pome.............................. Fruit, pome, group
Fruits, stone............................. Fruit, stone, group
Grasses, forage........................... Grass, forage
Hops...................................... Hop, dried cones
Legumes, forage........................... Vegetable, foliage of
legume, group
Nuts...................................... Nut, tree, group
Sugarcane................................. Sugarcane, cane
Vegetables, fruiting...................... Vegetable, fruiting, group
Vegetables, root crop..................... Vegetable, root and tuber,
group.
------------------------------------------------------------------------
Sec. 180.292 [Amended]
e. In Sec. 180.292, in the table to paragraph (a)(1), remove the
entries for ``flax, seed''; and ``flax, straw'' and remove the entries
listed in the first column of the table below and add the entries
listed in the second column in place thereof in alphabetical order.
------------------------------------------------------------------------
Remove Add
------------------------------------------------------------------------
Cattle, mbyp (exc kidney and liver)....... Cattle, meat byproducts
except kidney and liver
Eggs...................................... Egg
Goats, fat................................ Goat, fat
Goats, mbyp (exc kidney and liver)........ Goat, meat byproducts except
kidney and liver
Goats, meat............................... Goat, meat
Grasses, forage........................... Grass, forage
Hogs, mbyp (exc kidney and liver)......... Hog, meat byproducts except
kidney and liver
Horses, mbyp (exc kidney and liver)....... Horse, meat byproducts
except kidney and liver
Oats, green forage........................ Oat, forage
Sheep, mbyp (exc kidney and liver)........ Sheep, meat byproducts
except kidney and liver
Wheat, green forage....................... Wheat, forage
------------------------------------------------------------------------
Sec. 180.299 [Amended]
f. In Sec. 180.299, remove the entry for ``pecans'' from the table.
Sec. 180.300 [Amended]
g. In Sec. 180.300(a), remove from the table the entries for
``filberts,'' ``lemons,'' ``pineapple fodder,'' ``pineapple forage,''
``tangerines,'' and ``tangerine hybrids'' and remove the terms listed
in the first column of the table below and add the terms listed in the
second column in place thereof in alphabetical order.
[[Page 39083]]
------------------------------------------------------------------------
Remove Add
------------------------------------------------------------------------
Figs...................................... Fig
Goats, fat................................ Goat, fat
Horses, meat.............................. Horse, meat
Macadamia nuts............................ Nut, macadamia
Pineapples................................ Pineapple
Pumpkins.................................. Pumpkin
Tomatoes.................................. Tomato
------------------------------------------------------------------------
h. Section 180.304 is amended as follows:
i. By revising paragraph (a) introductory text.
Sec. 180.304 Oryzalin; tolerances for residues.
(a) Tolerances are established for residues of the herbicide
oryzalin (3,5-dinitro-N4,N4-
dipropylsulfanilamide) in or on the following raw agricultural
commodities:
* * * * *
ii. In the table in paragraph (a), by removing the terms listed in
the first column below and adding in place thereof in alphabetical
order the term listed in the second column to read as follows:
------------------------------------------------------------------------
Remove Add
------------------------------------------------------------------------
Figs...................................... Fig
Kiwifruits................................ Kiwifruit
Nuts...................................... Nut, tree, group
Olives.................................... Olive
------------------------------------------------------------------------
Sec. 180.346 [Amended]
i. In Sec. 180.346(a) by removing the entry for ``rice straw.''
Sec. 180.355 [Amended]
j. Section 180.355 is amended as follows:
i. In the table to paragraph (a), by removing the entries for
``beans, lima (succulent)''; ``mint, spent hay''; and ``peanuts,
forage''; and removing the terms listed in the first column below and
adding in place thereof in alphabetical order the terms listed in the
second column.
------------------------------------------------------------------------
Remove Add
------------------------------------------------------------------------
Beans (except soybeans), dried............ Bean, dry, seed
Beans (exc. soybeans), dried, vine hays... Cowpea, hay
Beans (exc. soybeans), forage............. Cowpea, forage
Beans, succulent.......................... Bean, succulent
Bohemian chili peppers.................... Pepper, nonbell
Cattle, mbyp.............................. Cattle, meat byproducts
Corn, fodder.............................. Corn, field, stover
Corn, forage.............................. Corn, field, forage
Corn, fresh (inc. sweet K+CWHR)........... Corn, sweet, kernel plus cob
with husks removed
Corn, grain............................... Corn, field, grain
Eggs...................................... Egg
Peanuts................................... Peanut
Peanuts, hay.............................. Peanut, hay
Peas (dried).............................. Pea, dry, seed
Peas (dried), vine hays................... Pea, field, hay
Peas, forage.............................. Pea, field, vines
Peas, succulent........................... Pea, succulent
Poultry, mbyp............................. Poultry, meat byproducts
Rice...................................... Rice, grain
------------------------------------------------------------------------
ii. Section 180.355 is further amended by adding alphabetically an
entry to the table in paragraph (a) for corn, pop, grain to read as
follows:
Sec. 180.355 Bentazon; tolerances for residues.
(a) * * *
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
* * * * *
Corn, pop, grain 0.05
* * * * *
------------------------------------------------------------------------
PART 185--[AMENDED]
2. In part 185:
a. The authority citation for part 185 continues to read as
follows:
Authority: 21 U.S.C. 346a and 348.
b. By revising Sec. 185.2500 to read as follows:
Sec. 185.2500 Diquat.
A food additive regulation of 0.5 part per million is established
for residues of diquat in potato, granules/flakes and potato, chips.
c. In Sec. 185.2700, the table is revised to read as follows:
Sec. 185.2700 Ethephon.
* * * * *
------------------------------------------------------------------------
Parts per
Food million
------------------------------------------------------------------------
Barley, pearled barley and barley, bran 5.0
Sugarcane, molasses 1.5
Wheat, bran, wheat, middlings, and wheat, shorts 5.0
------------------------------------------------------------------------
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. 186.2700 [Amended]
b. In Sec. 186.2700(a) by revising the term ``wheat, milling
fractions, except flour'' to read ``wheat, milled byproducts''.
[FR Doc. 99-18608 Filed 7-20-99; 8:45 am]
BILLING CODE 6560-50-F
