[Federal Register Volume 63, Number 206 (Monday, October 26, 1998)]
[Rules and Regulations]
[Pages 57067-57077]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-28485]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 180 and 186

[OPP-300733; FRL-6035-6]
RIN 2070-AB78


Revocation of Tolerances for Canceled Food Uses

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This final rule announces the revocation of tolerances for 
residues of the pesticides listed in the regulatory text. EPA is 
revoking these tolerances because EPA has canceled the food uses 
associated with them. The regulatory actions in this document are part 
of the Agency's reregistration program under the Federal Insecticide, 
Fungicide, and Rodenticide Act (FIFRA), and the tolerance reassessment 
requirements of the Federal Food, Drug, and Cosmetic Act (FFDCA). By 
law, EPA is required to reassess 33% of the tolerances in existence on 
August 2, 1996, by August 1999, or about 3,200 tolerances.
 DATES: This final rule becomes effective January 25, 1999.
 FOR FURTHER INFORMATION CONTACT:  For technical information contact: 
Joseph Nevola, Special Review Branch, (7508C), Special Review and 
Reregistration Division, Office of Pesticide Programs, U.S. 
Environmental Protection Agency, 401 M St., S.W., Washington, DC 20460. 
Office location: Special Review Branch, Crystal Mall #2, 6th floor, 
1921 Jefferson Davis Hwy., Arlington, VA. Telephone: (703) 308-8037; e-
mail: [email protected].
SUPPLEMENTARY INFORMATION:

 I. Does this document apply to me?

     You may be affected by this document if you sell, distribute, 
manufacture, or use pesticides for agricultural applications, process 
food, distribute or sell food, or implement governmental pesticide 
regulations. Pesticide reregistration and other actions [see FIFRA 
section 4(g)(2)] include tolerance and exemption reassessment under 
FFDCA section 408. In this document, the tolerance actions are final in 
coordination with the cancellation of associated registrations. 
Potentially affected categories and entities may include, but are not 
limited to:

------------------------------------------------------------------------
                                               Examples of Potentially
                 Category                         Affected Entities
------------------------------------------------------------------------
Agricultural Stakeholders.................  Growers/Agricultural Workers
                                            Contractors [Certified/
                                             Commercial Applicators,
                                             Handlers, Advisors, etc.]
                                            Commercial Processors
                                            Pesticide Manufacturers
                                            User Groups
                                            Food Consumers
Food Distributors.........................  Wholesale Contractors
                                            Retail Vendors
                                            Commercial Traders/Importers
Intergovernmental Stakeholders............   State, Local, and/or Tribal
                                             Government Agencies
Foreign Entities..........................   Governments, Growers, Trade
                                             Groups
------------------------------------------------------------------------

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be affected by this 
action. Other types of entities not listed in this table could also be 
affected. If you have any questions regarding the applicability of this 
action to a particular entity, you can consult with the technical 
person listed in the ``FOR FURTHER INFORMATION CONTACT'' section.

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/homepage/fedrgstr/.

B. In Person or by Phone

    If you have any questions or need additional information about this 
action, please contact the technical person identified in the ``FOR 
FURTHER INFORMATION CONTACT'' section. In addition, the official record 
for this document, including the public version, has been established 
under docket control number [OPP-300733], (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.

 III. Can I challenge the Agency's final decision presented in this 
document?

     Yes. You can file a written objection or request a hearing by 
December 28, 1998, in the following manner:

[[Page 57068]]

 A. By Paper

    Written objections and hearing requests, identified by the document 
control number [OPP-300733, may be submitted to: Hearing Clerk (1900), 
Environmental Protection Agency, room M3708, 401 M St., S.W., 
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 should be identified by the 
document control number and submitted to the Public Information and 
Records Integrity Branch, Information Resources and Services Division 
(7502C), Office of Pesticide Programs, 401 M St., S.W., Washington, DC 
20460. In person, bring a copy of objections and hearing requests to 
room 119, CM #2, 1921 Jefferson Davis Hwy., Arlington, VA 22202.

 B. Electronically

    A copy of objections and hearing requests filed with the Hearing 
Clerk may also be submitted electronically by sending e-mail to opp-
[email protected], per the instructions given in ``ADDRESSES'' 
above. Electronic 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 or 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-
300733]. Do not submit CBI through e-mail. Electronic copies of 
objections and hearing requests on this rule may be filed online at 
many Federal Depository libraries.

 IV. 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, 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 or EPA independently verifies that the 
tolerance is no longer needed.
     Although EPA proposed to revise the tolerances in 40 CFR 
180.294(a) for benomyl on apple, apricot, cherry, nectarine, peach, 
pear, and plum (fresh prune), from pre- and post-harvest uses to pre-
harvest use, the Agency will not amend those tolerances in this final 
rule. The Agency will address amending those tolerances for benomyl in 
a subsequent Federal Register document.
     The proposed revocation of tolerances in 40 CFR 180.108 for 
acephate on grass (pasture and range) and grass hay was in error 
(February 5, 1998, 63 FR 5907) (FRL-5743-9). Though the registrants 
have requested voluntary deletion of these uses, the 180-day waiting 
period for the acceptance of these voluntary use deletions has not yet 
expired. Consequently, the Agency will not take action on the 
tolerances for acephate on grass (pasture and range) and grass hay in 
this final rule, but will address those tolerances in a subsequent 
Federal Register document.
     In the Federal Register of February 5, 1998 (63 FR 5907), EPA 
issued a proposed rule for specific pesticides announcing the proposed 
revocation of tolerances for canceled food uses and inviting public 
comment for consideration and for support of tolerance retention under 
FFDCA standards. The following comments were received by the agency in 
response to the document published in the Federal Register of February 
5, 1998:

Maneb

     1. Comment from Elf Atochem North America, Incorporated. A comment 
was received by the Agency from Elf Atochem requesting that the 
tolerances for maneb not be revoked on the crops apricots; beans, 
succulent; carrots; celery; nectarines; and peaches. Elf Atochem stated 
their interest in maintaining the tolerances for import purposes only.
     2. Comment from the Canadian Horticulture Council. A comment was 
received by the Agency from the Canadian Horticulture Council (CHC) 
concerning the proposed tolerance revocation for maneb on celery. The 
CHC stated that revocation of the tolerance would create a barrier to 
Canadian exports.
     Agency response. Because of Elf Atochem's interest, the Agency 
will not revoke the tolerances in 40 CFR 180.110 for maneb on apricots; 
beans, succulent; carrots; celery; nectarines; and peaches at this 
time. This will also address CHC's concern. The Agency will revoke the 
tolerances for maneb on rhubarb and spinach.

Ferbam

     3. Comment from the CHC. A comment was received by the Agency from 
the CHC concerning the proposed tolerance revocations for ferbam on 
asparagus, cucumbers, and tomatoes. The CHC stated that revocation of 
the tolerances would create a barrier to Canadian exports.
     Agency response. The Agency will not revoke the tolerances in 40 
CFR 180.114 for ferbam use on asparagus, cucumbers, and tomatoes at 
this time.
     4. Comment from Interregional Research Project No. 4. A comment 
was received by the Agency from Interregional Research Project No. 4. 
(IR-4), New Brunswick, NJ, stating that IR-4 is supporting the uses of 
ferbam on guava and papaya.
     5. Comment from Washington State Department of Agriculture. A 
comment was received by the Agency from the Washington State Department 
of Agriculture (WSDA) stating that WSDA has an active registration for 
ferbam use on boysenberries.
     Agency response. Since the Interregional Research Project No. 4 
(IR-4) is supporting the ferbam uses on guava and papaya with data and 
because FIFRA section 24(c) registration for ferbam use on blackberries 
is active in Washington, the Agency will not revoke the tolerances in 
40 CFR 180.114 for ferbam use on boysenberry, guava, and papaya. EPA 
will revoke the tolerances for ferbam on almonds; beets,

[[Page 57069]]

with tops; beets, without tops; beet greens alone; broccoli; Brussels 
sprouts; carrots; cauliflower; celery; collards; corn; currants; dates; 
eggplants; gooseberries; kale; kohlrabi; melons; mustard greens; 
onions; peanuts; peppers; plums (fresh prunes); pumpkins; quinces; 
radishes, with tops; radishes, without tops; radish tops; rutabagas, 
with tops; rutabagas, without tops; rutabaga tops; spinach; 
strawberries; summer squash; turnips, with tops; turnips, without tops; 
and turnip greens.

Fluorine compounds (Cryolite)

     6. Comment from WSDA. A comment was received by the Agency from 
the WSDA, which stated that it has an active registration for cryolite 
use on collards, blackberries, boysenberries, dewberries, loganberries, 
and youngberries, and requested that EPA not revoke the tolerances for 
those commodities.
     Agency response. The proposed tolerance revocation for fluorine 
compounds (cryolite) on collards was an error and this tolerance will 
not be revoked. There is a FIFRA section 3 registered use on collards 
and the use appears in the Cryolite RED document issued August, 1996, 
listed as eligible for reregistration. However, there is no FIFRA 
section 3 registration for the use of cryolite on any of the berries 
listed in the comment above. EPA has sent letters dated May 12, 1998 to 
notify the States of Oregon and Washington that the Agency does not 
consider the use of cryolite on these small berries to be valid under 
section 24(c) for any purposes under FIFRA. Therefore, the tolerances 
in 40 CFR 180.145 for cryolite use on blackberries, boysenberries, 
dewberries, loganberries, and youngberries will be revoked along with 
the tolerances on apples; apricots; beans; beets, tops; carrots; corn; 
kale; mustard greens; nectarines; okra; peanuts; pears; peas; quinces; 
radish, tops; rutabagas, tops; and turnip, tops.

Diazinon

     7. Comments from the European Union, the Oahu Banana Growers 
Association, University of Hawaii, and individuals. Comments were 
received by the Agency from various sources which requested that the 
tolerance for diazinon use on bananas not be revoked. Some cited the 
need to control the spread of Banana Bunchy Top Virus (BBTV) disease. 
Additionally, a FIFRA section 24(c) registration for diazinon use on 
bananas is active in Hawaii.
     Agency response. At this time, the Agency will not revoke the 
tolerance in 40 CFR 180.153 for diazinon on bananas due to the active 
FIFRA section 24(c) registration in Hawaii. Diazinon is currently in 
the reregistration process. The tolerance for diazinon use on bananas 
will be reviewed with other diazinon tolerances as part of this 
process.

Dimethyl (2,2,2-trichloro-1-hydroxyethyl) phosphonate [Trichlorfon]

     8. Comments from Bayer Corporation and WSDA. A comment was 
received by the Agency from Bayer Corporation initially requesting that 
the tolerances for dimethyl (2,2,2-trichloro-1-hydroxyethyl) 
phosphonate, called trichlorfon, not be revoked on cattle, fat; cattle, 
mbyp; cattle, meat; horses, fat; horses, mbyp; horses, meat; sheep, 
fat; sheep, mbyp; and sheep, meat. However, in a follow-up 
communication with EPA, Bayer Corporation decided it will limit its 
support to the existing cattle tolerances and does so for import 
purposes. Also, WSDA requested that the Agency not revoke the 
trichlorfon tolerances for use on cattle.
     Agency response. The Agency will not revoke the tolerances in 40 
CFR 180.198 for trichlorfon on cattle, fat; cattle, mbyp; and cattle, 
meat; since Bayer Corporation has committed to support those tolerances 
with the appropriate data through an agreement with the Agency. This 
will also address WSDA's concern. However, EPA will revoke the other 
tolerances for trichlorfon in 40 CFR 180.198 and 186.2325 as listed in 
the regulatory text.

Trifluralin

    9. Comment from WSDA. A comment was received by the Agency from the 
WSDA, which stated that it has active registrations for specific crop-
pesticide combinations, including trifluralin for use on flax and rape, 
and requested that EPA not revoke the tolerances for those commodities.
     Agency response. While the Agency did not propose to revoke the 
tolerances for flax and rape, EPA did propose to revoke the tolerances 
for flax, straw; rape, straw; and upland cress. EPA will revoke the 
tolerances in 40 CFR 180.207 for trifluralin on flax, straw; and rape, 
straw on the grounds that the tolerances are no longer necessary. 
Although registered flax and rape uses exist for trifluralin, the 
Agency no longer sets separate tolerances on the commodities flax, 
straw and rape, straw. Rather, residues on those commodities are 
governed by the tolerances on flax and rape, respectively. The 
tolerance on upland cress will be addressed in a subsequent Federal 
Register document.

2-Chloro-N-isopropylacetanilide [Propachlor]

     10. Comment from Monsanto Company. A comment was received by the 
Agency from the Monsanto Company, which stated that the proposed 
revocation of tolerances for 2-Chloro-N-isopropylacetanilide, called 
propachlor, on corn, forage; and corn, grain was erroneous. Monsanto 
has active registrations for propachlor use on corn. In a follow- up 
communication with EPA, Monsanto stated it would not support the 
propachlor tolerance on corn, sweet (K+CWHR).
     11. Comment from WSDA. A comment was received by the Agency from 
the WSDA, which stated that it has active registrations for specific 
crop-pesticide combinations, including propachlor for use on corn, and 
requested that EPA not revoke the tolerances for those commodities.
     Agency response. EPA acknowledges that the proposed revocation of 
tolerances for propachlor on corn, forage; and corn, grain was in error 
and these tolerances will be retained. However, there is no legal use 
for corn, sweet (K + CWHR) in Washington State or elsewhere in the 
U.S.; therefore, the Agency is revoking that corn tolerance in addition 
to the other tolerances that were proposed to be revoked in the Federal 
Register of February 5, 1998 (63 FR 5907). Consequently, the tolerances 
in 40 CFR 180.211 for propachlor on beets, sugar, roots; beets, sugar, 
tops; corn, sweet (K+CWHR); cottonseed; flax, seed; flax, straw; peas; 
peas, forage; and pumpkins will be revoked.

Simazine

     12. Comment from Curtice Burns Foods. A comment was received by 
the Agency from Curtice Burns Foods requesting clarification with 
regard to simazine application on asparagus for the 1998 growing 
season.
     13. Comment from Platte Chemical Company. A comment was received 
by the Agency from the Platte Chemical Company stating their concerns 
with regard to simazine existing stocks and grower groups.
     Agency response. EPA will set a revocation date of December 31, 
2000 for the simazine artichokes, asparagus, and sugarcane tolerances 
in 40 CFR 180.213. There are no active registrations for simazine on 
artichokes, asparagus, and sugarcane. However, end users holding 
existing stocks of simazine labeled for use on artichokes, asparagus, 
and sugarcane will be allowed to use such product until the time the 
tolerances are finally revoked (i.e., December 31, 2000), which should 
accomodate all existing stocks.

[[Page 57070]]

Naled

     14. Comment from WSDA. A comment was received by the Agency from 
the WSDA requesting that the tolerance for naled on cucumbers and 
legumes not be revoked.
     15. Comment from the CHC. A comment was received by the Agency 
from the CHC concerning the proposed tolerance revocation for naled on 
turnips, tops; lettuce; cucumbers; pumpkins; squash; and tomatoes. The 
CHC stated that revocation of the tolerance would create a barrier to 
Canadian exports.
     16. Comment from Amvac Chemical Corporation and Valent USA 
Corporation. A comment was received by the Agency from the Valent USA 
Corporation, on behalf of Amvac Chemical Corporation, requesting that 
the tolerances for naled on cucumbers, lettuce, and tomatoes be 
retained for import purposes. In follow-up communication, Amvac 
Chemical confirmed that it will support those tolerances.
     Agency response. Because of the comments/concerns received 
regarding the proposed revocation of naled tolerances, the Agency will 
not revoke the tolerances in 40 CFR 180.215 on cucumbers; legumes, 
forage; lettuce; pumpkins; squash, winter; tomatoes; and turnip tops at 
this time. The Agency will revoke the tolerances for naled on mushrooms 
and rice, for which no comments were received.

Atrazine

     17. Comment from WSDA. A comment was received by the Agency from 
the WSDA, which stated that it has active registrations for specific 
crop-pesticide combinations, including atrazine for use on grass.
     Agency response. Drexel Chemical Company has active uses for 
atrazine on orchardgrass, pastures, and rangeland. Therefore, EPA will 
not revoke the tolerances in 40 CFR 180.220 for atrazine on grass, 
range; orchardgrass; and orchardgrass, hay. The Agency will revoke the 
tolerances for atrazine on pineapples; pineapples, fodder; pineapples, 
forage; proso millet, fodder; proso millet, forage; proso millet, 
grain; and proso millet, straw.

Dichlobenil

     18. Comment from Uniroyal Chemical Company, Inc. A comment was 
received by the Agency from Uniroyal Chemical, which stated that it has 
a product label use for cherries and is supporting the tolerance on 
sweet and tart cherries, but is not supporting the stone fruit uses, 
peaches, plums, prunes, and nectarines. Uniroyal requested that either 
the Agency establish a separate tolerance for cherries at 0.15 parts 
per million or reinstate the stone fruits tolerance, which covers 
cherries, at 0.15 parts per million.
     Agency response. The Agency will not revoke the tolerance in 40 
CFR 180.231 for dichlobenil on stone fruits until it reviews existing 
data on cherries and in addition establishes an appropriate tolerance 
level for cherries before revoking the tolerance on stone fruits. 
According to the Dichlobenil RED, the stone fruits tolerance should be 
revoked concomitant with the establishment of a separate tolerance for 
cherries, since the use of dichlobenil on all other stone fruits has 
been dropped, and in addition a separate tolerance should be 
established on cherries with a value of 0.15 for residues of 
dichlobenil and its metabolite 2,6- dichlorobenzamide (BAM) on cherries 
until new residue data submissions are evaluated by the Agency.

2,2-Dichlorovinyl dimethyl phosphate [DDVP]

     19. Comment from the CHC. A comment was received by the Agency 
from the CHC concerning the proposed tolerance revocation for 2,2-
Dichlorovinyl dimethyl phosphate, called dichlorvos or DDVP, on 
tomatoes. The CHC stated that revocation of the tolerance would create 
a barrier to Canadian exports.
     Agency response. The Agency will not revoke the tolerance in 40 
CFR 180.235 for dichlorvos (DDVP) on tomatoes at this time. The Agency 
will revoke the tolerances for dichlorvos (DDVP) on cucumbers; lettuce; 
and radishes.

Methiocarb

    20. Comment from California Citrus Quality Council. A comment was 
received by the Agency from the California Quality Citrus Council 
(CQCC) requesting that the tolerance for 3,5-Dimethyl-4-
(methylthio)phenyl methylcarbamate, called methiocarb, not be revoked 
on citrus fruits. The CQCC expressed concerns about potential 
adulteration through combination of imported juice concentrate with 
domestically produced concentrate.
     21. Comment from Gowan Company. A comment was received by the 
Agency from Gowan Company requesting that the tolerances for 3,5-
Dimethyl-4- (methylthio)phenyl methylcarbamate, called methiocarb, not 
be revoked on corn due to a submitted petition to register the active 
ingredient as a corn seed treatment.
     Agency response. The Agency will revoke the tolerance in 40 CFR 
180.320 for methiocarb use on citrus fruits since there is no 
registration of methiocarb for citrus fruits. Also, normally the Agency 
receives data on citrus juice, but not juice concentrate. Historically, 
the juice concentrate has been considered to be a commodity that will 
be diluted with water back to a level equivalent to the juice. Rarely 
do pesticide residues concentrate in the juice significantly compared 
to the raw fruit, causing a separate tolerance to be set on the juice.
     The Agency will revoke the tolerances in 40 CFR 180.320 for 
methiocarb use on corn [corn, fodder; corn, forage; corn, fresh (inc. 
sweet K+CWHR); corn, grain, field; and corn, grain, pop] due to a 
variety of reasons. There are no registered uses for methiocarb on 
corn. While Gowan Company expressed an interest in retaining corn 
tolerances by submitting a comment to the proposed revocation (February 
5, 1998, 63 FR 5907), Gowan has not yet clearly committed to support 
the tolerances with sufficient data. Gowan submitted a petition to 
register methiocarb for use on corn seed, in September, 1997. Gowan has 
not submitted the outstanding data previously required under section 
3(c)(2)(B) of FIFRA in support of their proposed use of methiocarb. 
Instead, Gowan has proposed that the corn seed use has minor crop use 
status and is eligible for data waivers. The Agency denied an earlier 
request for such a waiver of data. Additionally, there is no 
enforcement analytical method which has been validated at the 0.03 ppm 
level of the corn tolerances, a data deficiency in the RED. There are 
toxicological data deficiencies as well. If Gowan decides to 
reestablish the corn tolerances with sufficient data in the future, it 
can submit a formal petition with the appropriate data and the 
appropriate fees.
     There is no registered use for methiocarb on peaches; therefore 
the tolerance will be revoked.

Nitrapyrin

     22. Comments from Platte Chemical Company. A comment was received 
by the Agency from the Platte Chemical Company requesting that the 
tolerance for nitrapyrin use on cottonseed not be revoked. In follow-up 
communication, Platte Chemical stated that it would not support that 
tolerance.
     Agency response. EPA will revoke the tolerance in 40 CFR 
180.350(a) for nitrapyrin use on cottonseed and will revoke the 
tolerance in 40 CFR 180.350(b) for nitrapyrin on strawberries.

[[Page 57071]]

5-ethoxy-3-(trichloromethyl)-1,2,4-thiadiazole [Etridiazole]

     23. Comments from the European Union. Comments were received by 
the Agency from the European Union requesting that the tolerance for 5-
ethoxy-3- (trichloromethyl)-1,2,4-thiadiazole, called etridiazole, use 
on strawberries not be revoked. In an earlier communication with EPA, 
the European Union stated that a clarification of methodology for 
commitment in support of tolerance retention was deserved.
     Agency response. The Agency will not revoke the tolerance in 40 
CFR 180.370 for etridiazole use on strawberries at this time. The 
Agency will revoke the tolerance for etridiazole on avocados. EPA is 
developing a guidance concerning submissions for import tolerance 
support. This guidance will be made available to interested 
stakeholders.

Diclofop-methyl

     24. Comments from the European Union. Comments were received by 
the Agency from the European Union requesting that the tolerance for 
diclofop- methyl use on lentils and pea seeds (dry) not be revoked. In 
an earlier communication with EPA, the European Union stated that a 
clarification of methodology for commitment in support of tolerance 
retention was deserved.
     Agency response. The Agency will not revoke the tolerances in 40 
CFR 180.385 for diclofop-methyl use on lentils and pea seeds (dry) at 
this time. The Agency will revoke the tolerances for diclofop-methyl on 
flaxseed and soybeans. EPA is developing a guidance concerning 
submissions for import tolerance support. This guidance will be made 
available to interested stakeholders.

 V. When do these actions become effective?

     These actions become effective 90 days following publication of a 
final rule in the Federal Register. EPA has delayed the effectiveness 
of these revocations for 90 days following publication of a final rule 
to ensure that all affected parties receive notice of EPA's action. 
Consequently, the effective date is January 25, 1999, except where the 
date is otherwise indicated, as with simazine. For simazine, the 
effective date is December 31, 2000. For this particular final rule, 
the actions will affect uses which have been canceled for more than a 
year. This should ensure that commodities have cleared the channels of 
trade.
     Any commodities listed in the regulatory text of this document 
that are treated with the pesticides subject to this notice, and that 
are in the channels of trade following the tolerance revocations, shall 
be subject to FFDCA section 408(1)(5), as established by the Food 
Quality Protection Act (FQPA). Under this section, any residue of these 
pesticides in or on such food shall not render the food adulterated so 
long as it is shown to the satisfaction of FDA that, (1) the residue is 
present as the result of an application or use of the pesticide at a 
time and in a manner that was lawful under FIFRA, and (2) the residue 
does not exceed the level that was authorized at the time of the 
application or use to be present on the food under a tolerance or 
exemption from tolerance. Evidence to show that food was lawfully 
treated may include records that verify the dates that the pesticide 
was applied to such food.

 VI. How do the regulatory assessment requirements apply to this 
action?

 A. Is this a ``significant regulatory action''?

     No. Under Executive Order 12866, entitled Regulatory Planning and 
Review (58 FR 51735, October 4, 1993), this action is not a 
``significant regulatory action''. The Office of Management and Budget 
(OMB) has determined that tolerance actions, in general, are not 
``significant'' unless the action involves the revocation of a 
tolerance that may result in a substantial adverse and material affect 
on the economy. In addition, this action is not subject to Executive 
Order 13045, entitled Protection of Children from Environmental Health 
Risks and Safety Risks (62 FR 19885, April 23, 1997), because this 
action is not an economically significant regulatory action as defined 
by Executive Order 12866. Nonetheless, environmental health and safety 
risks to children are considered by the Agency when determining 
appropriate tolerances. Under FQPA, EPA is required to apply an 
additional 10-fold safety factor to risk assessments in order to ensure 
the protection of infants and children unless reliable data supports a 
different safety factor.

 B. Does this action contain any reporting or recordkeeping 
requirements?

     No. This 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 action does not impose any enforceable duty, or contain 
any ``unfunded mandates'' as described in Title II of the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4).

 D. Do Executive Orders 12875 and 13084 require EPA to consult with 
States and Indian Tribal Governments prior to taking the action in this 
document?

     No. Under Executive Order 12875, entitled Enhancing the 
Intergovernmental Partnership (58 FR 58093, October 28, 1993), EPA may 
not issue a regulation that is not required by statute and that creates 
a mandate upon a State, local or tribal government, unless the Federal 
government provides the funds necessary to pay the direct compliance 
costs incurred by those governments. If the mandate is unfunded, EPA 
must provide to the 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.
    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

[[Page 57072]]

with representatives of affected tribal governments, a summary of the 
nature of their concerns, and a statement supporting the need to issue 
the regulation. In addition, Executive Order 13084 requires EPA to 
develop an effective process permitting elected and other 
representatives of Indian tribal governments ``to provide meaningful 
and timely input in the development of regulatory policies on matters 
that significantly or uniquely affect their communities.''
     Today's rule does not significantly or uniquely affect the 
communities of Indian tribal governments. This action does not involve 
or impose any requirements that affect Indian Tribes. Accordingly, the 
requirements of section 3(b) of Executive Order 13084 do not apply to 
this rule.

 E. Does this action involve any environmental justice issues?

     No. This action is not expected to have any potential impacts on 
minorities and low income communities. Special consideration of 
environmental justice issues is not required under Executive Order 
12898, entitled Federal Actions to Address Environmental Justice in 
Minority Populations and Low-Income Populations (59 FR 7629, February 
16, 1994).

 F. Does this action have a potentially significant impact on a 
substantial number of small entities?

     No. The Agency has certified that tolerance actions, including the 
tolerance actions in this notice, are not likely to result in a 
significant adverse economic impact on a substantial number of small 
entities. The factual basis for the Agency's determination, along with 
its generic certification under section 605(b) of the Regulatory 
Flexibility Act (RFA) (5 U.S.C. 601 et seq.), appears at 63 FR 55565, 
October 16, 1998 (FRL-6035-7). This generic certification has been 
provided to the Chief Counsel for Advocacy of the Small Business 
Administration.

 G. Does this action involve technical standards?

     No. This tolerance action does not involve any technical standards 
that would require Agency consideration of voluntary consensus 
standards pursuant to section 12(d) of the National Technology Transfer 
and Advancement Act of 1995 (NTTAA), Pub. L. 104-113, section 12(d) (15 
U.S.C. 272 note). Section 12(d) directs EPA to use voluntary consensus 
standards in its regulatory activities unless to do so would be 
inconsistent with applicable law or otherwise impractical. Voluntary 
consensus standards are technical standards (e.g., materials 
specifications, test methods, sampling procedures, business practices, 
etc.) that are developed or adopted by voluntary consensus standards 
bodies. The NTTAA requires EPA to provide Congress, through OMB, 
explanations when the Agency decides not to use available and 
applicable voluntary consensus standards.

 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 Alimentarius 
Commission, an international organization formed to promote the 
coordination of international food standards. When possible, EPA seeks 
to harmonize U.S. tolerances with Codex MRLs. EPA may establish a 
tolerance that is different from a Codex MRL; however, FFDCA section 
408(b)(4) requires that EPA explain in a Federal Register document the 
reasons for departing from the Codex level. EPA's effort to harmonize 
with Codex MRLs is summarized in the tolerance reassessment section of 
individual REDs. The U.S. EPA is developing a guidance concerning 
submissions for import tolerance support. This guidance will be made 
available to interested stakeholders.

 I. Is this action subject to review under the Congressional Review 
Act?

     Yes. The Congressional Review Act, 5 U.S.C. 801 et seq., as 
amended by the Small Business Regulatory Enforcement Fairness Act of 
1996, generally provides that before a rule may take effect, the agency 
promulgating the rule must submit a rule report, which includes a copy 
of the rule, to each House of the Congress and to the Comptroller 
General of the United States. EPA will submit a report containing this 
rule and other required information to the U.S. Senate, the U.S. House 
of Representatives, and the Comptroller General of the United States 
prior to publication of the rule in the Federal Register. This action 
is not a ``major rule'' as defined by 5 U.S.C. 804(2).

 List of Subjects

 40 CFR Part 180

     Environmental protection, Administrative practice and procedure, 
Agricultural commodities, Pesticides and pests, Reporting and record 
keeping requirements.

 40 CFR Part 186

     Environmental protection, Animal feeds, Pesticides and pests.

    Dated: September 29, 1998.

Jack E. Housenger,

Acting Director, Special Review and Reregistration Division, Office of 
Pesticide Programs.
     Therefore, 40 CFR parts 180 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. 346a and 371.

Sec. 180.103  [Amended]

    b. By removing, in Sec. 180.103, paragraph (a), the entries for 
``avocados''; ``garlic''; ``leeks''; ``pimentos''; ``shallots''; and 
``taro (corn)''.


Sec. 180.106  [Amended]

    c. By removing, in Sec. 180.106, paragraph (a), the entries for 
``Bermuda grass'' and ``Bermuda grass, hay''.


Sec. 180.110  [Amended]

    d. By removing, in Sec. 180.110, paragraph (a), the entries for 
``rhubarb'' and ``spinach''.
    e. Section 180.114 is revised to read as follows:


Sec. 180.114  Ferbam; tolerances for residues.

    (a)  General. Tolerances for residues of the fungicide ferbam 
(ferric dimethyl-dithiocarbamate), calculated as zinc 
ethylenebisdithiocarbamate, in or on raw agricultural commodities are 
established as follows:

------------------------------------------------------------------------
                 Commodity                        Parts per million
------------------------------------------------------------------------
Apples....................................  7\1\
Apricots..................................  7\1\
Asparagus.................................  7\1\
Beans.....................................  7\1\
Blackberries..............................  7\1\
Bluberries (huckleberries)................  7\1\
Boysenberries.............................  7\1\
Cabbage...................................  7\1\
Cherries..................................  7\1\
Citrus fruits.............................  7\1\
Cranberries...............................  7\1\
Cucumbers.................................  7\1\

[[Page 57073]]

Dewberries................................  7\1\
Grapes....................................  7\1\
Guavas....................................  7\1\
Lettuce...................................  7\1\
Loganberries..............................  7\1\
Mangoes...................................  7\1\
Nectarines................................  7\1\
Papayas...................................  7\1\
Peaches...................................  7\1\
Pears.....................................  7\1\
Peas......................................  7\1\
Raspberries...............................  7\1\
Squash....................................  7\1\
Tomatoes..................................  7\1\
Youngberries..............................  7\1\
------------------------------------------------------------------------


    \1\ Some of these tolerances were established on the basis of 
data acquired at the public hearings held in 1950 (formerly 
Sec. 180.101) and the remainder were established on the basis of 
pesticide petitions presented under the procedure specified in the 
amendment to the Federal Food, Drug, and Cosmetic Act by Pub. L. 
518, 83d Congress (68 Stat. 511).

    (b) Section 18 emergency exemptions. [Reserved]
    (c) Tolerances with regional registrations. [Reserved]
    (d) Indirect or inadvertent residues. [Reserved]
    f. In Sec. 180.121, by amending paragraph (a) by adding a heading 
and designating the text after the heading as paragraph (a)(1) and 
amending the table therein by removing the entries for ``citrus 
fruits''; ``sugarcane''; ``sugarcane, fodder''; and ``sugarcane, 
forage''; by redesignating paragraph (b) as paragraph (a)(2); and by 
adding and reserving with headings new paragraphs (b), (c), and (d) to 
read as follows:


Sec. 180.121  Parathion; tolerances for residues.

    (a) General. (1) * * *
    (b) Section 18 emergency exemptions. [Reserved]
    (c) Tolerances with regional registrations. [Reserved]
    (d) Indirect or inadvertent residues. [Reserved]


Sec. 180.145  [Amended]

    g. By removing, in Sec. 180.145, in paragraph (a)(1), the entries 
for ``apples''; ``apricots''; ``beans''; ``beets,tops''; 
``blackberries''; ``boysenberries''; ``carrots''; ``corn''; 
``dewberries''; ``kale''; ``loganberries''; ``mustard greens''; 
``nectarines''; ``okra''; ``peanuts''; ``pears''; ``peas''; 
``quinces''; ``radish, tops''; ``rutabaga, tops''; ``turnip, tops''; 
and ``youngberries''.


Sec. 180.170  [Removed]

    h. By removing Sec. 180.170.
    i. In Sec. 180.173, in paragraph (a), the table is revised to read 
as follows:


Sec. 180.173  Ethion; tolerances for residues.

    (a) *  *  *

------------------------------------------------------------------------
                 Commodity                        Parts per million
------------------------------------------------------------------------
Cattle, fat...............................  2.5
Cattle, mbyp..............................  1.0
Cattle, meat (fat basis)..................  2.5
Citrus fruits.............................  2.0
Citrus pulp, dehydrated...................  10
Goats, fat................................  0.2
Goats, mbyp...............................  0.2
Goats, meat...............................  0.2
Hogs, fat.................................  0.2
Hogs, mbyp................................  0.2
Hogs, meat................................  0.2
Horses, fat...............................  0.2
Horses, mbyp..............................  0.2
Horses, meat..............................  0.2
Milk fat (reflecting (N) residues in milk)  0.5
Raisins...................................  4
Sheep, fat................................  0.2
Sheep, mbyp...............................  0.2
Sheep, meat...............................  0.2
Tea, dried................................  10
------------------------------------------------------------------------

*  *  *  *  *
    j. Section 180.178 is revised to read as follows:


Sec. 180.178  Ethoxyquin; tolerances for residues.

    (a)  General. A tolerance is established for residues of the plant 
regulator ethoxyquin (1,2-dihydro-6-ethoxy-2,2,4-trimethylquinoline) 
from preharvest or postharvest use in or on the following commodity:

------------------------------------------------------------------------
                 Commodity                        Parts per million
------------------------------------------------------------------------
 Pear.....................................  3
------------------------------------------------------------------------

     (b) Section 18 emergency exemptions . [Reserved]
     (c)  Tolerances with regional registrations . [Reserved]
     (d)  Indirect or inadvertent residues . [Reserved]
    k. In Sec. 180.181, by designating the existing text as paragraph 
(a), adding a heading to newly designated paragraph (a) and revising 
the table; and by adding and reserving with headings paragraphs (b), 
(c), and (d) to read as follows:


Sec. 180.181 CIPC; tolerances for residues.

     (a)  General. *  *  *

------------------------------------------------------------------------
                 Commodity                        Parts per million
------------------------------------------------------------------------
Potato (POST-H)...........................  50
------------------------------------------------------------------------

    (b) Section 18 emergency exemptions. [Reserved]
    (c) Tolerances with regional registrations. [Reserved]
    (d) Indirect or inadvertent residues. [Reserved]


Sec. 180.183  [Amended]

    l. By removing, in Sec. 180.183, paragraph (a), the entries for 
``alfalfa, fresh''; ``alfalfa, hay''; ``clover, fresh''; and ``clover, 
hay''.


Sec. 180.188  [Removed]

    m. By removing Sec. 180.188.
    n. In Sec. 180.198, by revising the section heading and the table 
to read as follows:


Sec. 180.198  Trichlorfon; tolerances for residues.

    *  *  *

------------------------------------------------------------------------
                 Commodity                        Parts per million
------------------------------------------------------------------------
Cattle, fat...............................  0.1(N)
Cattle, mbyp..............................  0.1(N)
Cattle, meat..............................  0.1(N)
------------------------------------------------------------------------

    o. In Sec. 180.200, by revising paragraph (a)(1) to read as 
follows:


Sec. 180.200  2,6-Dichloro-4-nitroaniline; tolerances for residues.

    (a) General. (1) Tolerances are established for residues of the 
fungicide 2,6- dichloro-4-nitroaniline in or on the following raw 
agricultural commodities. Unless otherwise specified, these tolerances 
prescribed in this paragraph provide for residues from preharvest 
application only.

------------------------------------------------------------------------
                 Commodity                        Parts per million
------------------------------------------------------------------------
Apricot (PRE- and POST-H).................  20
Bean, snap................................  20
Carrot (POST-H)...........................  10
Celery....................................  15
Cherry, sweet (PRE- and POST-H)...........  20
Cucumber..................................  5
Endive (escarole).........................  10
Garlic....................................  5
Grape.....................................  10
Lettuce...................................  10
Nectarine (PRE- and POST-H)...............  20
Onion.....................................  10
Peach (PRE- and POST-H)...................  20
Plum (fresh prune) (PRE- and POST-H)......  15
Potato....................................  0.25
Rhubarb...................................  10
Sweet potato (POST-H).....................  10
Tomato....................................  5
------------------------------------------------------------------------

*  *  *  *  *

[[Page 57074]]

Sec. 180.206  [Amended]

    p. By removing, in Sec. 180.206, paragraph (a), the entries for 
``alfalfa, fresh''; ``alfalfa, hay''; ``barley, grain''; ``barley, 
straw''; ``Bermuda grass, straw''; ``lettuce''; ``rice''; and 
``tomatoes''.
    q. In Sec. 180.207, by designating the existing text as paragraph 
(a), adding a heading to the newly designated paragraph (a) and 
amending the table therein by removing the entries for ``flax, straw''; 
and ``rape, straw''; and by adding and reserving with headings 
paragraphs (b), (c), and (d) to read as follows:


Sec. 180.207  Trifluralin; tolerances for residues.

    (a)  General. * * *
    (b) Section 18 emergency exemptions. [Reserved]
    (c) Tolerances with regional registrations. [Reserved]
    (d) Indirect or inadvertent residues. [Reserved]


Sec. 180.209  [Amended]

    r. By removing, in Sec. 180.209, paragraph (a), the entry for 
``citrus fruits''.
    s. In Sec. 180.211, by designating the existing text as paragraph 
(a), adding a heading to the newly designated paragraph (a) and 
amending the table therein by removing the entries for ``beets, sugar, 
roots''; ``beets, sugar, tops''; ``corn, sweet (K+CWHR)''; 
``cottonseed''; ``flax, seed''; ``flax, straw''; ``peas (with pods, 
determined on peas after removing any pod present when marketed)''; 
peas, forage; and pumpkins; and by adding and reserving with headings 
paragraphs (b), (c), and (d) to read as follows:


Sec. 180.211  2-Chloro-N-isopropylacetanilide; tolerances for residues.

    (a) General. * * *
    (b) Section 18 emergency exemptions. [Reserved]
    (c) Tolerances with regional registrations. [Reserved]
    (d) Indirect or inadvertent residues. [Reserved]
    t. In Sec. 180.213, paragraph (a)(1) is revised to read as follows:


180.213  Simazine; tolerances for residues.

    (a) General. (1) *  *  *

------------------------------------------------------------------------
                                                          Expiration/
            Commodity              Parts per million    revocation date
------------------------------------------------------------------------
Alfalfa.........................  15................  None
Alfalfa, forage.................  15................  None
Alfalfa, hay....................  15................  None
Almonds.........................  0.25..............  None
Almonds, hulls..................  0.25..............  None
Apples..........................  0.25..............  None
Artichoke,globe.................  0.5...............  12/31/00
Asparagus.......................  10................  12/31/00
Avocados........................  0.25..............  None
Bermuda grass...................  15................  None
Bermuda grass, forage...........  15................  None
Bermuda grass, hay..............  15................  None
Blackberries....................  0.25..............  None
Blueberries.....................  0.25..............  None
Boysenberries...................  0.25..............  None
Cattle, fat.....................  0.02(N)...........  None
Cattle, mbyp....................  0.02(N)...........  None
Cattle, meat....................  0.02(N)...........  None
Cherries........................  0.25..............  None
Corn, fodder....................  0.25..............  None
Corn, forage....................  0.25..............  None
Corn, fresh (inc. sweet K+CWHR).  0.25..............  None
Corn, grain.....................  0.25..............  None
Cranberries.....................  0.25..............  None
Currants........................  0.25..............  None
Dewberries......................  0.25..............  None
Eggs............................  0.02(N)...........  None
Filberts........................  0.25..............  None
Goats, fat......................  0.02(N)...........  None
Goats, mbyp.....................  0.02(N)...........  None
Goats, meat.....................  0.02(N)...........  None
Grapefruit......................  0.25..............  None
Grapes..........................  0.25..............  None
Grass...........................  15................  None
Grass, forage...................  15................  None
Grass, hay......................  15................  None
Hogs, fat.......................  0.02(N)...........  None
Hogs, mbyp......................  0.02(N)...........  None
Hogs, meat......................  0.02(N)...........  None
Horses, fat.....................  0.02(N)...........  None
Horses, mbyp....................  0.02(N)...........  None
Horses, meat....................  0.02(N)...........  None
Lemons..........................  0.25..............  None
Loganberries....................  0.25..............  None
Macadamia nuts..................  0.25..............  None
Milk............................  0.02(N)...........  None
Olives..........................  0.25..............  None
Oranges.........................  0.25..............  None
Peaches.........................  0.25..............  None
Pears...........................  0.25..............  None
Pecans..........................  0.1(N)............  None
Plums...........................  0.25..............  None
Poultry, fat....................  0.02(N)...........  None
Poultry, mbyp...................  0.02(N)...........  None
Poultry, meat...................  0.02(N)...........  None
Raspberries.....................  0.25..............  None
Sheep, fat......................  0.02(N)...........  None
Sheep, mbyp.....................  0.02(N)...........  None
Sheep, meat.....................  0.02(N)...........  None
Strawberries....................  0.25..............  None
Sugarcane.......................  0.25..............  12/31/00
Sugarcane, molasses.............  1.................  None
Walnuts.........................  0.2...............  None
------------------------------------------------------------------------

    u. In Sec. 180.214, by designating the existing text as paragraph 
(a), adding a heading to the newly designated paragraph (a) and 
amending the table therein by removing the entries for ``alfalfa''; 
``alfalfa, hay''; ``grass''; ``grass, hay''; ``rice''; and ``rice, 
straw''; and by adding and reserving with headings paragraphs (b), (c), 
and (d) to read as follows:


Sec. 180.214  Fenthion; tolerances for residues.

    (a) General. * * *
    (b) Section 18 emergency exemptions. [Reserved]
    (c) Tolerances with regional registrations. [Reserved]
    (d) Indirect or inadvertent residues. [Reserved]
    v. In Sec. 180.215, by designating the existing text as paragraphs 
(a)(1) and (2), adding a heading to the newly designated paragraph (a) 
and amending the table in paragraph (a)(1) by removing the entries for 
``mushrooms''; and ``rice''; and by adding and reserving with headings 
paragraphs (b), (c), and (d) to read as follows:


Sec. 180.215  Naled; tolerances for residues.

    (a) General. (1) * * *
    (2) * * *
    (b) Section 18 emergency exemptions. [Reserved]
    (c) Tolerances with regional registrations. [Reserved]
    (d) Indirect or inadvertent residues. [Reserved]
    w. In Sec. 180.217, by designating the existing text as paragraph 
(a) and revising, and by adding and reserving with headings paragraphs 
(b), (c), and (d) to read as follows:


Sec. 180.217  Ammoniates for [ethylenebis-(dithiocarbamato)] zinc and 
ethylenebis [dithiocarbamic acid] bimolecular and trimolecular cyclic 
anhydrosulfides and disulfides; tolerances for residues.

    (a)  General. Tolerances are established for residues of a 
fungicide that is a mixture of 5.2 parts by weight of ammoniates of 
[ethylenebis (dithiocarbamato)] zinc with 1 part by weight ethylenebis 
[dithiocarbamic acid] bimolecular and trimolecular cyclic 
anhydrosulfides and disulfides, calculated as zinc 
ethylenebisdithiocarbamate, in or on the following raw agricultural 
commodities as follows:

------------------------------------------------------------------------
                 Commodity                        Parts per million
------------------------------------------------------------------------
Apple.....................................  2.0
Potato....................................  0.5
------------------------------------------------------------------------

    (b) Section 18 emergency exemptions. [Reserved]
    (c) Tolerances with regional registrations. [Reserved]

[[Page 57075]]

    (d) Indirect or inadvertent residues. [Reserved]
    x. In Sec. 180.220, by amending paragraph (a) to add a heading and 
designating the existing text as (a)(1) and amending the table therein 
by removing the entries for ``pineapples''; ``pineapples, fodder''; and 
``pineapples, forage''; by designating paragraph (b) as paragraph 
(a)(2) and by removing from the table the entries for ``proso millet, 
fodder''; ``proso millet, forage''; ``proso millet, grain''; and 
``proso millet, straw''; and by adding and reserving with headings 
paragraphs (b), (c), and (d) to read as follows:


Sec. 180.220  Atrazine; tolerances for residues.

    (a) General. (1) * * *
    (b) Section 18 emergency exemptions . [Reserved]
    (c) Tolerances with regional registrations. [Reserved]
    (d) Indirect or inadvertent residues. [Reserved]


Sec. 180.222  [Amended]

    y. In Sec. 180.222, amending paragraph (a), in the table by 
removing the entries for ``corn, fodder, field''; ``corn, fodder, 
pop''; ``corn, fodder, sweet''; ``corn, forage, field''; ``corn, 
forage, pop''; ``corn, forage, sweet''; and ``corn, fresh (inc. sweet 
K+CWHR)''.
    z. In Sec. 180.229, by designating the existing text as paragraph 
(a) and adding a heading, by removing in the table the entry for 
``sugarcane''; and by adding and reserving with headings paragraphs 
(b), (c), and (d) to read as follows:


Sec. 180.229  Fluometuron; tolerances for residues.

    (a) General. A tolerance is established for negligible residues of 
the herbicide fluometuron (1,1-dimethyl-3-
(,,-trifluoro-m -tolyl)urea) in or on the 
following raw agricultural commodity:

------------------------------------------------------------------------
                 Commodity                        Parts per million
------------------------------------------------------------------------
Cotton, undelinted seed...................  0.1
------------------------------------------------------------------------

    (b) Section 18 emergency exemptions. [Reserved]
    (c) Tolerances with regional registration. [Reserved]
    (d) Indirect or inadvertent residues. [Reserved]
    aa. In Sec. 180.231, by designating the existing text as paragraph 
(a) and adding a heading, and by adding and reserving with headings 
paragraphs (b), (c), and (d) to read as follows:


Sec. 180.231  Dichlobenil; tolerances for residues.

    (a) General. * * *
    b) Section 18 emergency exemptions. [Reserved]
    (c) Tolerances with regional registration. [Reserved]
    (d) Indirect or inadvertent residues. [Reserved]
    bb. In Sec. 180.235, by amending paragraph (a) by adding a heading 
and designating the text after the heading as paragraph (a)(1) and 
amending the table therein by removing the entries for ``cucumbers''; 
``lettuce''; and ``radishes''; by redesignating existing paragraph (b) 
as paragraph (a)(2); and by adding and reserving with headings new 
paragraphs (b), (c), and (d) to read as follows:


Sec. 180.235  2,2-Dichlorovinyl dimethyl phosphate; tolerances for 
residues.

    (a)  General. (1) * * *
    (b) Section 18 emergency exemptions. [Reserved]
    (c) Tolerances with regional registrations. [Reserved]
    (d) Indirect or inadvertent residues. [Reserved]


Sec. 180.242  [Amended]

    cc. By removing, in Sec. 180.242, paragraph (a)(1), the entry for 
``grapes''.


Sec. 180.254  [Amended]

    dd. By removing, in Sec. 180.254, paragraph (a), the entry for 
``peanuts''.
    ee. In Sec. 180.258, by amending paragraph (a) to add a heading and 
amending the table therein by removing the entries for ``grapefruit''; 
``oranges''; and ``potatoes''; by redesignating paragraph (b) as 
paragraph (c) and adding a heading; and by adding and reserving with 
headings paragraphs (b) and (d) to read as follows:


Sec. 180.258  Ametryn; tolerances for residues.

    (a) General. * * *
    (b) Section 18 emergency exemptions. [Reserved]
    (c) Tolerances with regional registrations. * * *
    (d) Indirect or inadvertent residues. [Reserved]
    ff. In Sec. 180.261, by amending paragraph (a) to add a heading and 
amending the table therein by removing the entry for ``tomatoes''; by 
redesignating paragraph (b) as paragraph (c) and adding a heading; and 
by adding and reserving with headings paragraphs (b) and (d) to read as 
follows:


Sec. 180.261  Phosmet; tolerances for residues.

    (a) General. * * *
    (b) Section 18 emergency exemptions. [Reserved]
    (c) Tolerances with regional registrations. * * *
    (d) Indirect or inadvertent residues. [Reserved]
    gg. In Sec. 180.262, by amending paragraph (a) to add a heading and 
amending the table therein by removing the entries for ``soybeans''; 
``soybeans, forage''; and ``soybeans, hay''; by redesignating paragraph 
(b) as paragraph (c) and adding a heading; and by adding and reserving 
with headings paragraphs (b) and (d) to read as follows:


Sec. 180.262  Ethoprop; tolerances for residues.

    (a) General. * * *
    (b) Section 18 emergency exemptions. [Reserved]
    (c) Tolerances with regional registrations. * * *
    (d) Indirect or inadvertent residues. [Reserved]
    hh. In Sec. 180.297, by designating the existing text as paragraph 
(a), adding a heading to newly designated paragraph (a) and amending 
the table therein by removing the entries for ``cranberries''; 
``peanuts''; ``peanuts, hay''; ``soybeans''; and ``soybeans, hay''; and 
by adding and reserving with headings paragraphs (b), (c), and (d) to 
read as follows:


Sec. 180.297  N-1-Naphthylphthalamic acid; tolerances for residues.

    (a)  General. * * *
    (b) Section 18 emergency exemptions. [Reserved]
    (c) Tolerances with regional registrations. [Reserved]
    (d) Indirect or inadvertent residues. [Reserved]
    ii. In Sec. 180.298, by amending paragraph (a) by adding a heading 
and designating the text after the heading as paragraph (a)(1) and 
amending the table therein by removing the entries for ``clover''; 
``clover, hay''; and ``potatoes''; by redesignating paragraph (b) as 
paragraph (a)(2); by adding and reserving with heading new paragraph 
(b); by adding a heading to paragraph (c); and by adding and reserving 
with heading new paragraph (d) to read as follows:


Sec. 180.298  Methidathion; tolerances for residues.

    (a) General. (1) * * *
    (b) Section 18 emergency exemptions. [Reserved]
    (c) Tolerances with regional registrations. * * *
    (d) Indirect or inadvertent residues. [Reserved]


Sec. 180.314  [Amended]

    jj. By removing, in Sec. 180.314, the entries for ``grass, canary, 
annual, seed''; and ``grass, canary, annual, straw''.
    kk. By revising Sec. 180.319 to read as follows:

[[Page 57076]]

Sec. 180.319  Interim tolerances.

    While petitions for tolerances for negligible residues are pending 
and until action is completed on these petitions, interim tolerances 
are established for residues of the listed pesticide chemicals in or on 
the following raw agricultural commodities:

----------------------------------------------------------------------------------------------------------------
                                                                 Tolerance in parts per      Raw agricultural
              Substance                          Use                    million                 commodity
----------------------------------------------------------------------------------------------------------------
Carbaryl (1-naphthyl N-                Insecticide              0.5                      Egg.
 methylcarbamate and its metabolite 1-
 naphthol, calculated as carbaryl..
Coordination product of zinc ion and   Fungicide                1.0 (Calculated as zinc  Potato.
 maneb ......                                                    ethylenebisdithiocarba
                                                                 mate)..
Endothall (7-oxabicyclo-(2,2,1)        Herbicide                0.2                      Sugar beet.
 heptane 2,3- dicarboxylic acid)..
Isopropyl carbanilate (IPC)..........  Herbicide                5.0                      Hay of alfalfa, clover,
                                                                                          and grass.
                                                                2.0                      Alfalfa, clover, and
                                                                                          grass.
                                                                0.1                      Flaxseed, lentil,
                                                                                          lettuce, pea,
                                                                                          safflower seed,
                                                                                          spinach, and sugar
                                                                                          beet (roots and tops).
                                                                0.5                      Egg; milk; and the meat
                                                                                          fat, and meat
                                                                                          byproducts of cattle,
                                                                                          goat, hog, horse,
                                                                                          poultry, and sheep.
Isopropyl m-chlorocarbanilate (CIPC)   Herbicide                0.3                      Spinach.
 ..............
                                                                0.05                     Milk; meat, fat, and
                                                                                          meat byproducts of
                                                                                          cattle, hog, horse,
                                                                                          and sheep.
Parathion (O,O-diethyl-O-p-            Herbicide..............  0.5                      Rye.
 nitrophenythiophos- phate) or its
 methyl homolog..
Pentachloronitrobenzene..............  Fungicide..............  1.0                      Peanut.
                                       O=`xl'.................  0.1                      Beans, broccoli,
                                                                                          Brussels sprouts,
                                                                                          cabbage, cauliflower,
                                                                                          garlic, pepper,
                                                                                          potato, and tomato.
----------------------------------------------------------------------------------------------------------------

Sec. 180.320  [Removed]

    ll. By removing Sec. 180.320.


Sec. 180.330  [Amended]

    mm. By removing in Sec. 180.330, paragraph (a), the entries for 
``blackberries''; ``raspberries''; ``peas''; ``peas, forage''; ``peas, 
hay''; and ``potatoes''.
    nn. In Sec. 180.341, by designating the existing text as paragraph 
(a), adding a heading to newly designated paragraph (a), by removing 
the phrase ``0.15 part per million (ppm) in or on'' and the entries for 
``apricots''; ``caneberries (blackberries, boysenberries, dewberries, 
loganberries; raspberries)''; ``cantaloupes''; ``cucumbers''; 
``gooseberries''; ``honeydew melons''; ``muskmelons''; ``nectarines''; 
``peaches''; ``pears''; ``pumpkins''; ``summer squash''; 
``watermelons''; and ``winter squash''; and by adding and reserving 
with headings paragraphs (b), (c), and (d) to read as follows:


Sec. 180.341  2,4-Dinitro-6-octylphenyl crotonate and 2,6-dinitro-4- 
octylphenyl crotonate; tolerances for residues.

    (a) General. * * *
    (b) Section 18 emergency exemptions. [Reserved]
    (c) Tolerances with regional registrations. [Reserved]
    (d) Indirect or inadvertent residues. [Reserved]
    oo. In Sec. 180.346, by designating the existing text as paragraph 
(a), adding a heading to newly designated paragraph (a) and by removing 
the entries for ``Brazil nuts''; ``bush nuts''; ``butternuts''; 
``cashews''; ``chestnuts''; ``crabapples''; ``filberts''; 
``hazelnuts''; ``hickory nuts''; ``macadamia nuts''; ``pears''; 
``pecans''; ``pistachio nuts''; ``quinces''; ``rice, grain''; ``stone 
fruit''; and ``walnuts''; and by adding and reserving with headings 
paragraphs (b), (c), and (d) to read as follows:


Sec. 180.346  Oxadiazon; tolerances for residues.

    (a)  General. * * *
    (b) Section 18 emergency exemptions . [Reserved]
    (c) Tolerances with regional registrations . [Reserved]
    (d) Indirect or inadvertent residues. [Reserved]
    pp. In Sec. 180.349, by amending paragraph (a) to add a heading and 
designating the text after the heading as paragraph (a)(1) and amending 
the table therein by removing the entries for ``cocoa beans'' and 
``soybeans''; by redesignating paragraph (b) as paragraph (a)(2); by 
adding and reserving with heading new paragraph (b); by adding a new 
heading to paragraph (c); and by adding and reserving with heading new 
paragraph (d) to read as follows:


Sec. 180.349  Ethyl 3-methyl-4-(methylthio)phenyl (1-methylethyl) 
phosphoroamidate; tolerances for residues.

    (a) General. (1) * * *
    (2) * * *
    (b) Section 18 emergency exemptions. [Reserved]
    (c) Tolerances with regional registrations. * * *
    (d) Indirect or inadvertent residues. [Reserved]
    qq. In Sec. 180.350, by amending paragraph (a) by adding a heading 
and removing from the table therein the entry for ``cottonseed''; 
removing the existing text under paragraph (b) and reserving with a 
heading; and adding and reserving with headings paragraphs (c) and (d) 
to read as follows:


Sec. 180.350  Nitrapyrin; tolerances for residues.

    a)  General. * * *
    (b) Section 18 emergency exemptions. [Reserved]
    (c) Tolerances with regional registrations. [Reserved]
    (d) Indirect or inadvertent residues. [Reserved]


Sec. 180.358  [Removed]

    rr. By removing Sec. 180.358.


Sec. 180.366  [Removed]

    ss. By removing Sec. 180.366.
    tt. In Sec. 180.370, by designating the existing text as paragraph 
(a), adding a heading to newly desginated paragraph (a) and amending 
the table therein by removing the entry for ``avocados''; and by adding 
and reserving with headings paragraphs (b), (c), and (d) to read as 
follows:


Sec. 180.370  5-Ethoxy-3-(trichloromethyl)-1,2,4-thiadiazole; 
tolerances for residues.

    (a)  General. * * *
    (b) Section 18 emergency exemptions. [Reserved]
    (c)  Tolerances with regional registrations. [Reserved]
    (d)  Indirect or inadvertent residues. [Reserved]

[[Page 57077]]

Sec. 180.374  [Removed]

    uu. By removing Sec. 180.374.
    vv. In Sec. 180.385, by designating the existing text as paragraph 
(a), adding a heading to newly designated paragraph (a) and amending 
the table therein by removing the entries for ``flaxseed'' and 
``soybeans''; and by adding and reserving with headings paragraphs (b), 
(c), and (d) to read as follows:


Sec. 180.385  Diclofop-methyl; tolerances for residues.

    (a)  General. * * *
    (b) Section 18 emergency exemptions . [Reserved]
    (c)  Tolerances with regional registrations . [Reserved]
    (d)  Indirect or inadvertent residues . [Reserved]


Sec. 180.386  [Removed]

    ww. By removing Sec. 180.386.


Sec. 180.387  [Removed]

    xx. By removing Sec. 180.387.
    yy. In Sec. 180.410, by amending paragraph (a) to add a heading and 
in the table, by removing the entries for ``almonds''; ``almond, 
hulls''; ``apricots''; ``peaches''; and ``plums (fresh prunes)''; by 
redesignating paragraph (b) as paragraph (c) and adding a heading to 
newly designated paragraph (c); and by adding and reserving with 
headings paragraphs (b) and (d) to read as follows:


Sec. 180.410  1-(4-Chlorophenoxy)-3,3-dimethyl-1(1H-1,2,4-triazol-1-
yl)-2-butanone; tolerances for residues.

    (a)  General. * * *
    (b) Section 18 emergency exemptions. [Reserved]
    (c)  Tolerances with regional registrations. * * *
    (d)  Indirect or inadvertent residues. [Reserved]
    zz. In Sec. 180.416, by designating the existing text as paragraph 
(a) and adding a heading, by removing in the table the entries for 
``cattle, fat'', ``cattle, meat'', ``cattle, mbyp'', ``eggs'', ``hogs, 
fat'', ``hogs, meat'', ``hogs, mbyp'', horses, fat'', ``horses, meat'', 
``horses, mbyp'', ``milk'', ``poultry, fat'', ``poultry, meat'', 
``poultry, mbyp'', ``sheep, fat'', ``sheep, meat'', and ``sheep, 
mbyp'', and by adding and reserving with headings paragraphs (b), (c), 
and (d) to read as follows:


Sec. 180.416  Ethalfluralin; tolerances for residues.

    (a)  General. * * *
    b) Section 18 emergency exemptions . [Reserved]
    (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. 186.2325  [Removed]

    b. By removing Sec. 186.2325.


Sec. 186.3000  [Removed]

    c. By removing Sec. 186.3000.

[FR Doc. 98-28485 Filed 10-23-98; 8:45 am]
BILLING CODE 6560-50-F