[Federal Register Volume 64, Number 78 (Friday, April 23, 1999)]
[Proposed Rules]
[Pages 19961-19968]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-9725]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 180, 185, and 186

[OPP-300847; FRL-6076-4]
RIN 2070-AC18


Bentazon, Cyanazine, Dicrotophos, Diquat, Ethephon, Oryzalin, 
Oxadiazon, Picloram, Prometryn, and Trifluralin; Proposed Revocations 
and Changes in Terminology

AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed Rule.

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SUMMARY: This document proposes to revoke specific tolerances for 
residues of the herbicides bentazon, cyanazine, diquat, oxadiazon, 
picloram, prometryn, and trifluralin; the plant growth regulator 
ethephon; and the insecticide dicrotophos. EPA expects to determine 
whether any individuals or groups want to support these tolerances. In 
addition, EPA is also proposing to revise commodity terminology for 
oryzalin, bentazon, diquat, ethephon, picloram, and trifluralin to 
conform to current Agency practice. The regulatory actions proposed 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. The regulatory actions proposed in this document 
pertain to the proposed revocation of 29 tolerances and/or exemptions, 
which would be counted among 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: Comments must be received on or before June 22, 1999.
ADDRESSES: Comments may be submitted by mail, electronically, or in 
person. Please follow the detailed instructions for each method as 
provided in Unit IV of the SUPPLEMENTARY INFORMATION section of this 
notice. Be sure to identify the appropriate docket number [OPP-300847].
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., SW., 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. What Is the Progress of Tolerance Reassessment?

    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. 
The regulatory actions proposed in this document pertain to the 
proposed revocation of 29 tolerances and/or exemptions, which would be 
counted among reassessments made toward the August, 1999 review 
deadline of FFDCA section 408(q), as amended by the Food Quality 
Protection Act (FQPA) of 1996.

II. Does this Notice Apply to Me?

    You may be affected by this notice 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. 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.

III. 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

[[Page 19962]]

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-300847], 
(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.

IV. How Can I Respond to this Notice?

A. How and to Whom Do I Submit Comments?

    You may submit comments through the mail, in person, or 
electronically. Be sure to identify the appropriate docket number 
(i.e., ``[OPP-300847]'') in your correspondence.
    1. By mail. Submit written comments, identified by the docket 
control number [OPP-300847], to: Public Information and Records 
Integrity Branch, Information Resources and Services Division (7502C), 
Office of Pesticide Programs, U.S. Environmental Protection Agency, 401 
M St., SW., Washington, DC 20460.
    2. In person or by courier. Deliver written comments, identified by 
the docket control number [OPP-300847], to: Public Information and 
Records Integrity Branch, Office of Pesticide Programs, U.S. 
Environmental Protection Agency, Rm. 119, Crystal Mall #2, 1921 
Jefferson Davis Hwy., Arlington, VA.
    3. Electronically. Submit your comments and/or data electronically 
by E-mail to: [email protected]. Do not submit any information 
electronically that you consider to be CBI. Submit electronic comments 
in ASCII file format avoiding the use of special characters and any 
form of encryption. Comment and data will also be accepted on standard 
computer disks in WordPerfect 5.1/6.1 or ASCII file format. All 
comments and data in electronic form must be identified by the 
appropriate docket control number [OPP-300847]. You may also file 
electronic comments and data online at many Federal Depository 
Libraries.

B. How Should I Handle CBI Information in My Comments?

    You may claim information that you submit in response to this 
document as CBI by marking any part or all of that information as CBI. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2. A copy of the comment that does 
not contain CBI must be submitted for inclusion in the public record. 
Information not marked confidential will be included in the public 
docket by EPA without prior notice. If you have any questions about CBI 
or the procedures for claiming CBI, please consult with the technical 
person identified in the ``FOR FURTHER INFORMATION CONTACT'' section.

V. What Is a ``Tolerance''?

    A ``tolerance'' represents the maximum level for residues of 
pesticide chemicals legally allowed in or on raw agricultural 
commodities and processed foods. Section 408 of FFDCA, 21 U.S.C. 301 et 
seq., as amended by the FQPA of 1996, Pub. L. 104-170, authorizes the 
establishment of tolerances (maximum residue levels), exemptions from 
the requirement of a tolerance, modifications in tolerances, and 
revocation of tolerances for residues of pesticide chemicals in or on 
raw agricultural commodities and processed foods. 21 U.S.C. 346(a). 
Without a tolerance or exemption, food containing pesticide residues is 
considered to be unsafe and therefore ``adulterated'' under section 
402(a) of the FFDCA. If food containing pesticide residues is 
considered to be ``adulterated,'' you may not distribute the product in 
interstate commerce (21 U.S.C. 331(a) and 342(a)). For a food-use 
pesticide to be sold and distributed, the pesticide must not only have 
appropriate tolerances under the FFDCA, but also must be registered 
under section 3, section 5, or section 18 of FIFRA (7 U.S.C. et seq.). 
Food-use pesticides not registered in the United States have tolerances 
for residues of pesticides in or on commodities imported into the 
United States.
    Monitoring and enforcement of pesticide tolerances and exemptions 
are carried out by the U.S. Food and Drug Administration (FDA) and the 
U.S. Department of Agriculture (USDA). This includes monitoring for 
pesticide residues in or on commodities imported into the United 
States.

VI. Why Is EPA Proposing the Tolerance Actions Discussed below?

    EPA is proposing a number of tolerance commodity terminology 
changes to conform to current Agency practice, as discussed below. EPA 
is also proposing specific tolerance revocations to address canceled 
pesticides and uses of pesticides.
    It is EPA's general practice to propose revocation of tolerances 
for residues of pesticide active ingredients on crop uses for which 
FIFRA registrations no longer exist. 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. However, in accordance 
with FFDCA section 408, EPA will not revoke any tolerance or exemption 
proposed for revocation if any person demonstrates a need for the 
retention of the tolerance, and if retention of the tolerance will meet 
the tolerance standard established under FQPA. Generally, interested 
parties support the retention of such tolerances in order to permit 
treated commodities to be legally imported into the United States, 
since raw agricultural commodities or processed food or feed 
commodities containing pesticide residues not covered by a tolerance or 
exemption are considered to be adulterated.
    Tolerances and exemptions established for pesticide chemicals with 
FIFRA registrations cover residues in or on both domestic and imported 
commodities. To retain these tolerances and exemptions, EPA must make a 
finding that the tolerances and exemptions are safe. To make this 
safety finding, EPA needs data and information indicating that there is 
a reasonable certainty that no harm will result from aggregate exposure 
to the pesticide residues covered by the tolerances and exemptions.
    For tolerances without U.S. registrations, EPA requires the same 
toxicology and residue chemistry data needed to support U.S. food-use 
registrations. For import tolerances, EPA applies these data 
requirements on a case-by-case basis to account for specific growing 
conditions in foreign countries. (See 40 CFR part 158 for EPA's data 
requirements to support domestic use of a pesticide and the 
establishment and maintenance of a tolerance. EPA is developing a 
guidance concerning submissions for import tolerance support. This 
guidance will be made available to interested persons.) In most cases, 
EPA also requires residue chemistry data (crop field trials) that are 
representative of growing conditions in exporting countries in the same 
manner that EPA requires representative residue chemistry data from 
different U.S. regions to support domestic use of a pesticide and any 
resulting tolerance(s)

[[Page 19963]]

or exemption(s). Good Laboratory Practice (GLP) requirements for 
studies submitted in support of tolerances and exemptions for import 
purposes only are the same as those for domestic purposes; i.e., the 
studies are required to either fully meet GLP standards, or have 
sufficient justification presented to show that deviations from GLP 
standards do not significantly affect the results of the studies.

 VII. Which Pesticides Are Covered by this Action?

    Bentazon (trade name Basagran) is a selective, contact, early 
postemergent herbicide registered for use on such food and feed crops 
as alfalfa, beans, corn, peanuts, peas, pepper, peppermint, rice, 
sorghum, soybeans, and spearmint. Bentazon is also registered for use 
on ornamental lawns and turf. It is manufactured by BASF Corporation.
    2-[[4-chloro-6-(ethylamino)-s-triazin-2-yl]amino]-2-
methylpropionitrile (Cyanazine; trade names Bladex, Cy-Pro, etc.) is a 
selective herbicide used to control annual broadleaf weeds, carpetweed, 
chickweed, corn spurry, mayweed, pigweed, and ragweed. It is 
manufactured by E.I. DuPont de Nemours and Company, Incorporated and 
Griffin Corporation.
    Dimethyl phosphate of 3-hydroxy-N,N-dimethyl-cis-crotonamide 
(Dicrotophos; trade name Bidrin) is an insecticide used to control 
aphids, boll weevils, grasshoppers, gypsy moths, leafhoppers, and 
thrips. It is manufactured by Amvac Chemical Corporation.
    Diquat (trade name Diquat Herbicide) is a non-selective contact 
herbicide, desiccant, and plant growth regulator for use as a general 
herbicide of broadleaf and grassy weeds in terrestrial non-crop and 
aquatic areas; as a desiccant in seed crops and potatoes; and for 
tassel control and spot weed control in sugarcane. Diquat is also used 
for aquatic, indoor, greenhouse, and terrestrial food crops; aquatic 
non-food industrial, outdoor, greenhouse, and residential; terrestrial 
feed crops, and outdoor residential uses. It is manufactured by Zeneca 
Ag Products.
    Ethephon (trade name Ethrel) is a plant growth regulator registered 
for use on a number of terrestrial food, feed, and nonfood crops, 
greenhouse nonfood crops, and outdoor residential plants. It is 
manufactured by Rhone-Poulenc Ag Company and Cedar Chemical 
Corporation.
    Oryzalin (trade name Surflan) is a herbicide used to control annual 
grasses and broadleaf weeds on berries, vine and orchard crops, 
Christmas tree plantations, commercial/industrial and recreation area 
lawns, golf course turf, residential lawns and turf, ornamental and/or 
shade trees, nonagricultural rights-of-way/fencerows, nonagricultural 
uncultivated and industrial areas, power stations, paths/patios and 
paved areas. Oryzalin is also used to control herbaceous plants, woody 
shrubs, and vines. It is manufactured by DowElanco.
    Oxadiazon (trade name Ronstar) is a herbicide used to control 
annual broadleaf weeds, barnyardgrass, carpetgrass, carpetweed, 
crabgrass, goosegrass, and quackgrass. It is manufactured by Rhone-
Poulenc Ag Company.
    Picloram is a systemic herbicide used to control deeply rooted 
herbaceous weeds and woody plants in rights-of-ways, forestry, 
rangelands, pastures, and small grains. It is manufactured by 
DowElanco.
    Prometryn (trade names Caparol, Prometryne, etc.) is a herbicide 
used to control annual broadleaf weeds, barnyardgrass, carpetweed, 
chickweed, cottonweed, crabgrass, foxtail, goosegrass, nutsedge, 
pigweed, and ragweed. It is manufactured by Novartis Crop Protection, 
Inc. and Verolit Chemical Manufacturers Limited.
    Trifluralin (trade names Treflan, Triflurex, etc.) is a preemergent 
herbicide used to control annual grasses and broadleaf weeds on a 
variety of food crops and is also currently registered for nonfood 
uses, including residential use sites. It is manufactured by DowElanco, 
Makhteshim-Agan, Industria Prodotti Chimici S.P.A. (I.Pi.Ci.), Tri 
Corporation, and Albaugh Inc.

VIII. What Action Is Being Taken?

    This notice proposes revocation of FFDCA 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) in or on commodities listed in 
the regulatory text because these pesticides are not registered under 
FIFRA for uses on the commodities. The registrations for these 
pesticide chemicals were canceled because the registrant failed to pay 
the required maintenance fee and/or the registrant voluntarily canceled 
one or more registered uses of the pesticide. It is EPA's general 
practice to propose revocation of 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.
    Changes in the commodity terminology and definitions are proposed 
for the aforementioned active ingredients and oryzalin, which does not 
have tolerance revocations proposed in this document, to conform to 
current Agency practice. These proposed changes are in accordance with 
the revised Crop Group Regulation (40 CFR 180.41) and the updated 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). Table I contains data on both crops 
and livestock diets, and lists feed commodities considered significant 
in livestock diets. Significant feedstuffs account for more than 99 
percent of the available annual tonnage (on-a dry-matter basis) of 
feedstuffs used in the domestic production of more than 95 percent of 
beef and dairy cattle, poultry, swine, milk, and eggs. EPA has devised 
criteria to include or exclude feedstuffs from Table I and sets 
tolerances for significant feedstuffs. Tolerances are not set for 
feedstuffs which are neither significant nor a human food. Pesticide 
residues on such feedstuffs are governed by tolerances on the commodity 
from which they are derived (62 FR 66020, December 17, 1997). These 
changes are technical in nature and have no effect on the scope of the 
tolerance.
    1. Bentazon. EPA proposes to revoke the tolerance for beans, lima 
(succulent) in 40 CFR 180.355(a) because residues in/on lima beans are 
covered under the tolerance for (bean, succulent). EPA proposes to 
revoke tolerances for mint, spent hay and peanuts, forage because they 
are no longer considered to be significant livestock feed commodities. 
According to Table I, mint, spent hay and peanuts, forage are 
insignificant contributors to the livestock diet. Terminology changes 
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,

[[Page 19964]]

field, vines; peas, succulent to pea, succulent; poultry, mbyp to 
poultry, meat byproducts; and rice to rice, grain are proposed in the 
regulatory text.
    2. 2-[[4-chloro-6-(ethylamino)-s-triazin-2-yl]amino]-2-
methylpropionitrile; Cyanazine. EPA initiated a Special Review of 
cyanazine in November, 1994, based on concerns that cyanazine may pose 
a risk of inducing cancer in humans from dietary, occupational, and 
residential exposure. On August 2, 1995, E. I. DuPont de Nemours Co., 
Inc. (DuPont) voluntarily proposed to amend its cyanazine registrations 
to incrementally reduce cyanazine maximum application rates in 1997, 
1998, and 1999, and to terminate production for use in the United 
States by December 31, 1999. DuPont would modify the labels of 
cyanazine formulated end use products released for shipment by the 
registrant after July 25, 1996. Those modified labels would specify the 
maximum application rates during the phase-out, inform the public of 
the existing stocks provisions, and require the use of application 
equipment with enclosed cabs for applicators beginning in 1998. On 
November 8, 1995 (60 FR 56333) (FRL-4984-1), EPA announced receipt of a 
request from Ciba Geigy Corporation to voluntarily cancel its only 
product containing cyanazine effective February 6, 1996. After EPA 
initiated Special Review, Griffin Corporation had filed an application 
to register certain cyanazine end use products and subsequently agreed 
to the terms and conditions of registration that were proposed by 
DuPont. EPA granted Griffin's applications and issued conditional 
registrations subject to those same terms and conditions. On March 1, 
1996 (61 FR 8186) (FRL-5352-6), EPA issued a notice of preliminary 
determination to terminate Special Review and a notice of receipt of 
requests for voluntary cancellation of cyanazine registrations from 
DuPont and from Griffin Corporation.
    In the Federal Register of July 25, 1996 (61 FR 39023)(FRL-5385-7) 
, EPA announced a final determination to terminate the cyanazine 
Special Review. In the same notice, EPA accepted requests for the 
voluntary cancellation of cyanazine registrations effective December 
31, 1999 and ordered the cancellations to take effect on January 1, 
2000, authorized sale and distribution of such products in the channels 
of trade in accordance with their labels through September 30, 2002, 
and prohibited the use of cyanazine products after December 31, 2002. 
Therefore, EPA proposes to revoke the tolerances for cyanazine in 40 
CFR 180.307 with an expiration/revocation date of April 1, 2003, to 
allow any treated commodities to pass through the channels of trade.
    Terminology changes in 40 CFR 180.300(a) for corn, fodder to corn, 
field, stover; corn, forage to corn, field, forage; corn, fresh 
(including sweet K+CWHR) to corn, sweet, kernel plus cob with husks 
removed; corn, grain to corn, field, grain; and corn, pop, grain; 
cottonseed to cotton, undelinted seed; sorghum, fodder to sorghum, 
grain, stover; sorghum, forage to sorghum, forage, forage; sorghum, 
grain to sorghum, grain, grain; and wheat, forage (green) to wheat, 
forage are proposed in the regulatory text.
    3. Dimethyl phosphate of 3-hydroxy-N,N-dimethyl-cis-crotonamide; 
Dicrotophos. EPA proposes to revoke the tolerance for pecans in 40 CFR 
180.299. No active registration exists.
    4. Diquat. EPA proposes to revoke the tolerance for sugarcane in 40 
CFR 180.226(a) because no registered use exists. Also, since the Agency 
no longer requires tolerances for residues in potable water (47 FR 
25746, December 15, 1982), the tolerance for diquat has been replaced 
with a designated maximum contaminant level (MCLG) at 0.02 mg/L for 
residues of diquat dibromide in potable water (57 FR 31776, July 17, 
1992). Therefore, EPA proposes to revoke the tolerance for diquat in 
potable water in 40 CFR 185.2500(a) and the tolerance for diquat in 
potable water in Sec. 185.2500(b). In Sec. 180.226(a), the table 
commodity terminology is changed for potatoes to potato; and in 
Sec. 180.226(b), the table commodity terminology is changed 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 Sec. 185.2500, the terminology is changed for 
processed potatoes (includes potato chips) to potato, granules/flakes 
and potato, chips. These terminology changes are proposed in the 
regulatory text.
    5. Ethephon. EPA proposes to revoke the tolerances for filberts, 
lemons, tangerines, and tangerine hybrids in 40 CFR 180.300(a) because 
no registered uses exist. EPA proposes to revoke the tolerances for 
pineapple fodder, and pineapple forage, because they are no longer 
considered raw agricultural commodities. Terminology changes in 40 CFR 
180.300(a) 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 are given in the regulatory 
text. Also, terminology changes in 40 CFR 185.2700 for barley, milling 
fractions, except flour to barley, pearled barley and barley, bran; and 
wheat, milling fractions, except flour to wheat, bran; wheat, 
middlings; and wheat, shorts; and in Sec. 186.2700(a) for wheat, 
milling fractions, except flour to wheat, milled byproducts are 
proposed in the regulatory text.
    6. Oryzalin. The terminology revision in 40 CFR 180.304(a) for figs 
to fig; kiwifruits to kiwifruit; nuts to nut, tree, group; and olives 
to olive are proposed in the regulatory text.
    7. Oxadiazon. The tolerance for rice straw in 40 CFR 180.346 is 
being proposed for revocation because no registered use exists.
    8. Picloram. The tolerances for flax, seed and flax, straw in 40 
CFR 180.292 are being proposed for revocation because no registered 
uses exist. Terminology changes 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 are proposed in the regulatory text.
    9. Prometryn. EPA is proposing to revise the terminology for cotton 
in 40 CFR 180.222(a) to cotton, forage and to revoke the tolerance 
because cotton, forage is no longer considered a significant livestock 
feed commodity according to Table I.
    10. Trifluralin. In 40 CFR 180.207 EPA proposes to remove the 
``(N)'' designation from all entries to conform to current Agency 
administrative practice (``N'' designation means negligible residues). 
EPA proposes to revoke the tolerance for barley, fodder because barley, 
fodder is no longer considered a raw agricultural commodity. 
Terminology changes 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,

[[Page 19965]]

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 are proposed in the regulatory text.

IX. When Do These Actions Become Effective?

    With the exception of cyanazine, for which EPA proposes an 
expiration/revocation date of April 1, 2003, EPA proposes that these 
actions become effective 90 days following publication of a final rule 
in the Federal Register. EPA has proposed delaying 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. For 
this particular proposed rule, with the exception of cyanazine, 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. 
Therefore, EPA believes revocation after a 90-day period following 
publication of a final rule should be reasonable. However, if EPA is 
presented with information that there are existing stocks still 
available for use, and that information is verifiable, then EPA will 
consider extending the expiration date of the tolerance. If you have 
comments regarding existing stocks, please submit comments as described 
in Unit IV of the SUPPLEMENTARY INFORMATION section of this notice.
    Any commodities listed in the regulatory text of this notice 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 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.

X. What Can I Do If I Wish the Agency to Maintain a Tolerance That 
the Agency Proposes to Revoke?

    In addition to submitting comments in response to this notice, you 
may also submit an objection after EPA issues a final rule. If you fail 
to file an objection to the final rule within the time period 
specified, you will have waived the right to raise any issues resolved 
in the final rule. After the specified time, the issues resolved in the 
final rule cannot be raised again in any subsequent proceedings.
    This proposed rule provides a comment period of 60 days for any 
interested person to demonstrate a need for retaining a tolerance, if 
retention of the tolerance will meet the tolerance standard established 
under FQPA. If EPA receives within that 60-day period a comment to that 
effect, EPA will not proceed to revoke the tolerance immediately. 
However, EPA will take steps to ensure the submission of any needed 
supporting data and will issue an order in the Federal Register under 
FFDCA section 408(f) if needed. The order would specify the data 
needed, the time frames for its submission, and would require that 
within 90 days some person or persons notify EPA that they will submit 
the data. If the data are not submitted as required in the order, EPA 
will take appropriate action under FIFRA or FFDCA.

XI. How Do the Regulatory Assessment Requirements Apply to this 
Proposed 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 proposed 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 proposed 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 proposed 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 Proposed Action Contain Any Reporting or Recordkeeping 
Requirements?

    No. This proposed 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 Proposed Action Involve Any ``Unfunded Mandates''?

    No. This proposed 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 
Proposed in this Document?

    No. Under Executive Order 12875, entitled Enhancing 
Intergovernmental Partnerships (58 FR 58093, October 28, 1993), EPA may 
not issue a regulation that is not required by statute and that creates 
a mandate upon a State, local or tribal government, unless the Federal 
government provides the funds necessary to pay the direct compliance 
costs incurred by those governments. If the mandate is unfunded, EPA 
must provide to the 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 proposed rule does not create an unfunded Federal mandate 
on State, local or tribal governments. The proposed 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 proposed rule.
    Under Executive Order 13084, entitled Consultation and Coordination

[[Page 19966]]

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 proposed rule does not significantly or uniquely affect the 
communities of Indian tribal governments. This proposed 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 proposed rule.

E. Does this Proposed Action Involve Any Environmental Justice Issues?

    No. This proposed rule 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 Proposed Action Have a Potentially Significant Impact on a 
Substantial Number of Small Entities?

    No. The Agency has certified that tolerance actions, including the 
tolerance proposed 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 Proposed Action Involve Technical Standards?

    No. This tolerance proposed 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. EPA invites public 
comment on this conclusion.

 H. Are There Any International Trade Issues Raised by this Proposed 
Action?

    The proposed revocations in this document will not become final if 
comments are received which demonstrate the need to maintain the 
tolerance to cover residues in or on imported commodities. However, 
data must be submitted to support the continued tolerance. The U.S. EPA 
is developing a guidance concerning submissions for import tolerance 
support. This guidance will be made available to interested persons.

 I. Is this Proposed Action Subject to Review under the Congressional 
Review Act?

    No. This proposed action is not a final rule. Under 5 U.S.C. 
801(a)(1)(A) of the Administrative Procedure Act (APA) as amended by 
the Small Business Regulatory Enforcement Fairness Act of 1996 (Title 
II of Pub. L. 104-121, 110 Stat. 847), only final rules must be 
submitted to the U.S. Senate, the U.S. House of Representatives, and 
the Comptroller General of the United States prior to publication in 
the Federal Register.

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 185

    Environmental protection, Food additives, Pesticides and pests.

40 CFR Part 186

    Environmental protection, Animal feeds, Pesticides and pests.

    Dated: April 12, 1999.

Lois Rossi,

Director, Special Review and Reregistration Division, Office of 
Pesticide Programs.
    Therefore, it is proposed that 40 CFR parts 180, 185, and 186 be 
amended as follows:

PART 180--[AMENDED]

    1. In part 180:
    a. The authority citation for part 180 continues to read as 
follows:
    Authority: 21 U.S.C. 321(q), 346a and 371.

Sec. 180.207 [Amended]

    b. Section Sec. 180.207 is amended as follows:
    1. In the table to 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.''

[[Page 19967]]

180.226 [Amended]

    d. Section 180.226 is amended as follows:
    1. In paragraph (a), the table is amended by removing the entry for 
``sugarcane'' and revising the term ``potatoes'' to read ``potato''.
    2. 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 below:

------------------------------------------------------------------------
                  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.''

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 term listed in the second column in place 
thereof in alphabetical order.

------------------------------------------------------------------------
                  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:
    1. By revising paragraph (a) introductory text to read as follows:


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:
*    *    *    *    *

Sec. 180.304 [Amended]

    2. In the table to Sec. 180.304(a) remove the terms listed in the 
first column below and add in place thereof in alphabetical order the 
terms listed in the second column.

------------------------------------------------------------------------
                  Remove                        Add In place thereof
------------------------------------------------------------------------
Figs......................................  Fig
Kiwifruits................................  Kiwifruit
Nuts......................................  Nut, tree, group
Olives....................................  Olive
------------------------------------------------------------------------

    i. In Sec. 180.307 the table is revised to read as follows:


Sec. 180.307 2-[[4-chloro-6-(ethylamino)-s-triazin-2-yl]amino]-2-
methylpropionitrile; tolerances for residues.

*    *    *    *    *

------------------------------------------------------------------------
                                                             Expiration/
                   Commodity                     Parts per    revocation
                                                  million        date
------------------------------------------------------------------------
Corn, field, forage...........................          0.2       4/1/03
Corn, field, grain............................         0.05       4/1/03
Corn, field, stover...........................          0.2       4/1/03
Corn, pop, grain..............................         0.05       4/1/03
Corn, sweet, kernel plus cob with husks                0.05       4/1/03
 removed......................................
Cotton, undelinted seed.......................         0.05       4/1/03
Sorghum, forage, forage.......................         0.05       4/1/03
Sorghum, grain, grain.........................         0.05       4/1/03
Sorghum, grain, stover........................         0.05       4/1/03
Wheat, forage.................................          0.1       4/1/03
Wheat, grain..................................          0.1       4/1/03
Wheat, straw..................................          0.1       4/1/03
------------------------------------------------------------------------

Sec. 180.346 [Amended]

    j. In Sec. 180.346(a) by removing the entry for ``rice straw.''

Sec. 180.355 [Amended]

    k. Section 180.355 is amended as follows:
    1. In the table to paragraph (a), remove the entries for ``beans, 
lima (succulent)''; ``mint, spent hay'' and ``peanuts, forage''; and 
remove the terms listed in the first column below and add 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
------------------------------------------------------------------------

    2. 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) * * *

[[Page 19968]]



------------------------------------------------------------------------
                                                              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. 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.

Sec. 185.2700 [Amended]

    c. In Sec. 185.2700, the table is revised to read as follows:


Sec. 185.2700  Ethephon.

*    *    *    *    *

------------------------------------------------------------------------
                   Food                           Parts per million
------------------------------------------------------------------------
Barley, pearled barley and barley, bran...  5.0
Sugarcane, molasses.......................  1.5
Wheat, bran, wheat, middlings, and wheat,   5.0
 shorts.
------------------------------------------------------------------------

PART 186--[AMENDED]

    3. In part 186:
    a. The authority citation for part 186 continues to read as 
follows:
    Authority: 21 U.S.C. 348.

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. 99-9725 Filed 4-22-99; 8:45 am]
BILLING CODE 6560-50-F