[Federal Register Volume 64, Number 112 (Friday, June 11, 1999)]
[Rules and Regulations]
[Pages 31501-31505]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-14864]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[OPP-300690B; FRL-6076-5]
RIN 2070-AB78


Certain Plant Regulators; Cytokinins, Auxins, Gibberellins, 
Ethylene, and Pelargonic Acid; Exemptions from the Requirement of a 
Tolerance

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation establishes exemptions from the requirement of 
a tolerance for residues of the active ingredients cytokinins, auxins, 
gibberellins, ethylene, and pelargonic acid in or on all food 
commodities, when used as plant regulators and applied to plants, 
seeds, or cuttings and on all food commodities after harvest. It does 
not apply to residues of these substances that are intended to be 
produced and used in living plants (also known as plant-pesticides), 
which are being addressed in a future rulemaking. This regulation also 
removes any existing crop-specific tolerances and/or exemptions from 
the requirement of a tolerance for the subject active ingredients and 
such tolerances are considered to be reassessed as required by the Food 
Quality Protection Act of 1996 (FQPA). This regulation eliminates the 
need to establish maximum permissible levels for residues of the 
subject active ingredients. EPA has established this regulation on its 
own initiative to facilitate the addition of new crops, application 
rates, and uses to the labels of products containing the listed active 
ingredients when used as plant regulators.

DATES: This regulation is effective June 11, 1999. Objections and 
requests for hearings must be received by EPA on or before August 10, 
1999.
ADDRESSES: Written objections and hearing requests, identified by the 
docket control number [OPP-300690B], must be submitted to: Hearing 
Clerk (1900), Environmental Protection Agency, Rm. M3708, 401 M St., 
SW., Washington, DC 20460. Fees accompanying objections and hearing 
requests shall be labeled ``Tolerance Petition Fees'' and forwarded to: 
EPA Headquarters Accounting Operations Branch, OPP (Tolerance Fees), 
P.O. Box 360277M, Pittsburgh, PA 15251. A copy of any objections and 
hearing requests filed with the Hearing Clerk identified by the docket 
control number, [OPP-300690B], must also be submitted to: Public 
Information and Records Integrity Branch, Information Resources and 
Services Division (7502C), Office of Pesticide Programs, Environmental 
Protection Agency, 401 M St., SW., Washington, DC 20460. In person, 
bring a copy of objections and hearing requests to Rm. 119, Crystal 
Mall 2 (CM #2), 1921 Jefferson Davis Hwy., Arlington, VA.
    A copy of objections and hearing requests filed with the Hearing 
Clerk may be submitted electronically by sending electronic mail (e-
mail) to: [email protected]. Copies of electronic objections and 
hearing requests must be submitted as an ASCII file avoiding the use of 
special characters and any form of encryption. Copies of electronic 
objections and hearing requests will also be accepted on disks in 
WordPerfect 5.1/6.1 file format or ASCII file format. All copies of 
electronic objections and hearing requests must be identified by the 
docket number [OPP-300690B]. No Confidential Business Information (CBI) 
should be submitted through e-mail. Copies of electronic objections and 
hearing requests on this rule may be filed online at many Federal 
Depository Libraries.

FOR FURTHER INFORMATION CONTACT: By mail: Denise Greenway, c/o Product 
Manager (PM) 90, Biopesticides and Pollution Prevention Division 
(7511C), Environmental Protection Agency, 401 M St., SW., Washington, 
DC 20460. Office location, telephone number, and e-mail address: 9th 
fl., CM #2, 1921 Jefferson Davis Hwy., Arlington, VA, (703) 308-8263, 
Greenway.D[email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does This Action Apply to Me?

    You may be potentially affected by this action if you are an 
agricultural producer, food manufacturer, or pesticide manufacturer. 
Potentially affected categories and entities may include, but are not 
limited to:

[[Page 31502]]



 
------------------------------------------------------------------------
                                                          Examples of
            Category                     NAICS            Potentially
                                                       Affected Entities
------------------------------------------------------------------------
Industry                          111                 Crop production
                                  112                 Animal production
                                  311                 Food manufacturing
                                  32532               Pesticide
                                                       manufacturing
------------------------------------------------------------------------

    This listing 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 the table in this unit 
could also be affected. The North American Industrial Classification 
System (NAICS) codes are provided to assist you in determining whether 
or not this action applies to you. If you have questions regarding the 
applicability of this action to a particular entity, consult the person 
listed in the ``FOR FURTHER INFORMATION CONTACT'' section at the 
beginning of this preamble.

B. How Can I Get Additional Information, Including Copies of this 
Document and Other Related Documents?

    1. Electronically. You may obtain copies of this document and 
certain other available 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 the 
``Federal Register - Environmental Documents.'' You can also go 
directly to the ``Federal Register'' listings at http://www.epa.gov/
fedrgstr/, or go directly to the Home Page for the Office of Pesticide 
Programs at http://www.epa.gov/pesticides/op/.
    2. In person. The Agency has established an official record for 
this action under docket control number OPP-300690B. The official 
record consists of any documents that are specifically referenced in 
this action, any public comments received during an applicable comment 
period, and other information related to this action, including any 
information claimed as confidential business information (CBI). This 
official record includes the documents that are physically located in 
the docket, as well as the documents that are referenced in those 
documents. The public version of the official record does not include 
any information claimed as CBI. The public version of the official 
record, which includes printed, paper versions of any electronic 
comments submitted during an applicable comment period, is available 
for inspection in the Public Information and Records Integrity Branch 
(PIRIB), Rm. 119, Crystal Mall #2, 1921 Jefferson Davis Highway, 
Arlington, VA, from 8:30 a.m. to 4 p.m., Monday through Friday, 
excluding legal holidays. The PIRIB telephone number is 703-305-5805.''

II. Background

    In the Federal Register of October 23, 1998 (63 FR 56882) (FRL-
6019-7), EPA issued a proposal pursuant to section 408 of the Federal 
Food, Drug, and Cosmetic Act (FFDCA), 21 U.S.C. 346a(e), as amended by 
the Food Quality Protection Act of 1996 (FQPA) (Pub. L. 104-170) to 
amend 40 CFR part 180 by establishing exemptions from the requirement 
of a tolerance for the active ingredients cytokinins (specifically: 
aqueous extract of seaweed meal and kinetin); auxins (specifically: 
indole-3-acetic acid and indole-3-butyric acid); gibberellins 
[gibberellic acids (GA3 and GA4 + GA7), and sodium or potassium 
gibberellate]; ethylene; and pelargonic acid, in or on all food 
commodities, when used as plant regulators on plants, seeds, or 
cuttings and on all food commodities, after harvest, in accordance with 
good agricultural practices. EPA concurrently proposed the revision or 
revocation and removal of any existing crop-specific tolerances and/or 
exemptions from the requirement of tolerances for the listed active 
ingredients when used as plant regulators. In taking this action the 
EPA will consider those tolerances and/or exemptions to be reassessed 
(FFDCA 408(q) as amended by the FQPA of 1996).
    The Agency has selected this group of plant regulators as the 
subject of this rule due to their non-toxic mode of action, low 
toxicity profile, low application rates, and the expectation that plant 
regulator uses will not significantly increase their intake above 
normally consumed levels. There are additional plant regulator active 
ingredients which may meet the selection criteria. The Agency may, in 
the future, propose a similar document addressing other candidate plant 
regulator active ingredients.
    All of the subject active ingredients are currently registered 
plant regulators, with the exception of indole-3-acetic acid. The 
Agency discourages the establishment (or existence) of tolerances, or 
exemptions from the requirement of a tolerance, for active ingredients 
for which there are no registered pesticide products. Therefore, the 
proposal stated that any subsequent Final Rule would not include 
indole-3-acetic acid (a naturally occurring analog of indole-3-butyric 
acid) in the tolerance exemption for auxins, unless during the comment 
period specific requests that it be included were received. Such 
requests were required to document the commentor's intention to 
promptly submit upon publication of the Final Rule an application to 
register a plant regulator product containing indole-3-acetic acid as 
an active ingredient.
    The Agency made the proposal upon its own initiative to facilitate 
the addition of new crops, application rates, and uses to the labels of 
products containing the listed active ingredients when used as plant 
regulators. A plant regulator is defined by EPA as ``...any substance 
or mixture of substances intended, through physiological action, for 
accelerating or retarding the rate of growth or rate of maturation, or 
for otherwise altering the behavior of plants or the produce 
thereof...'' (Federal Insecticide, Fungicide, and Rodenticide Act 
(FIFRA), section 2(v)).
    Additionally, plant regulators are characterized by their low rates 
of application; high application rates of the same compounds often are 
herbicidal.

III. Response to Public Comments

    In the Federal Register of January 8, 1999 (64 FR 1157), the Agency 
reopened and extended by 30 days the original comment period associated 
with the proposal of October 23, 1998. The 30-day extension was in 
response to requests from the public for additional time to comment on 
the Proposed Rule. There were thirteen comments: eight in support, two 
pledging to register indole-3-acetic acid, two concerned with data 
compensation issues and one seeking the addition of 1-naphthaleneacetic 
acid (NAA) to the list of subject active ingredients.
    The American Phytopathological Society (APS), the California Citrus 
Quality Council, and the Wilbur-Ellis Company wrote in general support 
of the Proposed Rule. The Interregional Research Project No. 4 (IR-4) 
wrote in

[[Page 31503]]

support of the inclusion of the gibberellins. Westbridge Agricultural 
Products; Atlantic Laboratories, Inc.; and Acadian Seaplants Limited 
supported the proposal in general, and the inclusion of cytokinins in 
particular. Aqua-10 Laboratories supported the proposal in general, and 
the inclusion of cytokinins, auxins, and gibberellins in particular.
    The APS letter also offered the view that the subject plant 
regulator active ingredients ought not be regulated by EPA under FIFRA.
    Agency Response: Deregulation of the subject active ingredients 
under section 25(b) of FIFRA (exemption) is beyond the scope of this 
Final Rule.
    Plant Biotech, Inc. and JH Biotech, Inc. alerted the Agency of 
their intention to submit applications for the registration of products 
containing the active ingredient indole-3-acetic acid. This was in 
response to the Agency's statement that indole-3-acetic acid would not 
be included as an auxin exempted from the requirement of a tolerance in 
the Final Rule unless a documented commitment to register pesticide 
products containing it as an active ingredient was received during the 
comment period.
    Agency Response: The auxin indole-3-acetic acid has been retained 
as a subject active ingredient exempted from the requirement of a 
tolerance by this Final Rule.
    AMVAC Chemical Corporation wrote in support of the proposal, and 
also requested that the Agency add to the Final Rule, under auxins, 
plant regulators based on 1-naphthaleneacetic acid (NAA). The company 
argued that, ``the NAA products met the Agency's specified criteria for 
inclusion in the Rule.''
    Agency Response: First, the proposal and this Final Rule address 
active ingredients, not the end-use products formulated from the 
subject active ingredients. Second, the reach of the Final Rule cannot 
exceed that of the proposal; NAA and related compounds were not 
addressed in the proposal and so cannot be included in the Final Rule. 
Third, the proposal acknowledged that active ingredients other than 
those included may meet the selection criteria, and stated that such 
active ingredients may be considered in the future should the Agency 
prepare a similar document. Fourth, the data sets reviewed for the 
subject active ingredients are complete in that all were registered 
post FIFRA 1984, thus meeting the current data requirements, or were 
(or are a naturally occurring analog of) the subject of an existing 
Reregistration Eligibility Document (RED). Only upon the completion of 
the pending NAA RED can a decision on its candidacy for a broad 
tolerance exemption be assessed.
    Abbott Laboratories and Agtrol International wrote seeking 
assurance that their FIFRA data compensation privileges for 
gibberellins data would not be lost as a result of the establishment of 
the exemption from tolerance for that plant regulator active 
ingredient.
    Agency Response: The standard for establishment of a tolerance 
exemption under section 408(c)(2) does not include a consideration of 
the effects such exemption may have regarding FIFRA compensation 
rights. In addition, the establishment of an exemption from the 
requirement of a tolerance for residues of a pesticide under FFDCA does 
not alter existing FIFRA data requirements or the need to comply with 
the data compensation provisions of FIFRA. Applicants for FIFRA 
registrations will continue to be required to submit or cite supporting 
data on the subject plant regulator active ingredients, or obtain 
waivers from the data requirements. The citation of compensable data 
(as defined by FIFRA section 3(c)) still must be accompanied by an 
offer to pay.

IV. Risk Assessment and Statutory Findings

    New section 408(c)(2)(A)(i) of the FFDCA allows EPA to establish an 
exemption from the requirement for a tolerance (the legal limit for a 
pesticide chemical residue in or on a food) only if EPA determines that 
the tolerance is ``safe.'' Section 408(c)(2)(A)(ii) defines ``safe'' to 
mean that ``there is a reasonable certainty that no harm will result 
from aggregate exposure to the pesticide chemical residue, including 
all anticipated dietary exposures and all other exposures for which 
there is reliable information.'' This includes exposure through 
drinking water and in residential settings, but does not include 
occupational exposure. Section 408(b)(2)(C) requires EPA to give 
special consideration to exposure of infants and children to the 
pesticide chemical residue in establishing a tolerance and to ``ensure 
that there is a reasonable certainty that no harm will result to 
infants and children from aggregate exposure to the pesticide chemical 
residue...''Additionally, section 408 (b)(2)(D) requires that the 
Agency consider ``available information'' concerning the cumulative 
effects of a particular pesticide's residues and ``other substances 
that have a common mechanism of toxicity.''
    EPA performs a number of analyses to determine the risks from 
aggregate exposure to pesticide residues. First, EPA determines the 
toxicity of pesticides. Second, EPA examines exposure to the pesticide 
through food, drinking water, and through other exposures that occur as 
a result of pesticide use in residential settings.
    Consistent with section 408(b)(2)(D) of FFDCA, EPA has reviewed the 
available scientific data and other relevant information in support of 
this action and considered its validity, completeness and reliability 
and the relationship of this information to human risk. EPA has also 
considered available information concerning the variability of the 
sensitivities of major identifiable subgroups of consumers, including 
infants and children.
    Based on the information and data considered and discussed in the 
proposal, the Agency has determined that use of these pesticides as 
plant regulators will not pose a dietary risk under reasonably 
foreseeable circumstances. Accordingly, EPA concludes that, in amending 
40 CFR part 180, to establish the exemptions as proposed, there is a 
reasonable certainty that no harm to the general population, including 
infants and children, will result from aggregate exposure to the 
pesticide chemical residues of the subject active ingredients, when 
used as plant regulators.
    In reaching this conclusion, EPA considered the potential 
cumulative effects from substances with a common mechanism of toxicity. 
The subject plant regulator active ingredients are found in most 
plants, and some are synthesized structural analogs which function like 
those occurring naturally. The amounts found in or applied to plants 
are low enough to regulate growth by a variety of different modes of 
action without being toxic to the plant (non-toxic modes of action). In 
addition, toxicological studies on the subject plant regulators at high 
dose levels (at or above limit doses) identified no toxic endpoints for 
risk assessment, and these substances are naturally occurring in the 
normal human diet. Therefore, EPA concluded there was no significant 
potential for cumulative effects for the subject active ingredients.

V. Objections and Hearing Requests

    The new FFDCA section 408(g) provides essentially the same process 
for persons to ``object'' to a regulation for an exemption from the 
requirement of a tolerance issued by EPA under new section 408(d) and 
as was provided in the old section 408 and in section 409. However, the 
period for filing objections is 60 days, rather than 30 days. EPA

[[Page 31504]]

currently has procedural regulations which govern the submission of 
objections and hearing requests. These regulations will require some 
modification to reflect the new law. However, until those modifications 
can be made, EPA will continue to use those procedural regulations with 
appropriate adjustments to reflect the new law.
    Any person may, by August 10, 1999, file written objections to any 
aspect of this regulation and may also request a hearing on those 
objections. Objections and hearing requests must be filed with the 
Hearing Clerk, at the address given under the ``ADDRESSES'' section (40 
CFR 178.20). A copy of the objections and/or hearing requests filed 
with the hearing clerk should be submitted to the OPP docket for this 
rulemaking. The objections submitted must specify the provisions of the 
regulation deemed objectionable and the grounds for the objections (40 
CFR 178.25). Each objection must be accompanied by the fee prescribed 
by 40 CFR 180.33(i). EPA is authorized to waive any fee requirement 
``when in the judgement of the Administrator such a waiver or refund is 
equitable and not contrary to the purpose of this subsection.'' For 
additional information regarding tolerance objection fee waivers, 
contact James Tompkins, Registration Division (7505C), Office of 
Pesticide Programs, Environmental Protection Agency, 401 M St., SW., 
Washington, DC 20460. Office location, telephone number, and e-mail 
address: Rm. 239, CM #2, 1921 Jefferson Davis Hwy., Arlington, VA, 
(703) 305-5697, [email protected]. Requests for waiver of tolerance 
objection fees should be sent to James Hollins, Information Resources 
and Services Division (7502C), Office of Pesticide Programs, 
Environmental Protection Agency, 401 M St., SW., Washington, DC 20460.
    If a hearing is requested, the objections must include a statement 
of the factual issues(s) on which a hearing is requested, the 
requestor's contentions on such issues, and a summary of any evidence 
relied upon by the objector (40 CFR 178.27). A request for a hearing 
will be granted if the Administrator determines that the material 
submitted shows the following: There is a genuine and substantial issue 
of fact; there is a reasonable possibility that available evidence 
identified by the requestor would, if established resolve one or more 
of such issues in favor of the requestor, taking into account 
uncontested claims or facts to the contrary; and resolution of the 
factual issues(s) in the manner sought by the requestor would be 
adequate to justify the action requested (40 CFR 178.32). Information 
submitted in connection with an objection or hearing request may be 
claimed confidential by marking any part or all of that information as 
CBI. Information so marked will not be disclosed except in accordance 
with procedures set forth in 40 CFR part 2. A copy of the information 
that does not contain CBI must be submitted for inclusion in the public 
record. Information not marked confidential may be disclosed publicly 
by EPA without prior notice.

VI. Regulatory Assessment Requirements

A. Certain Acts and Executive Orders

    This final rule establishes exemptions from the tolerance 
requirement under section 408(d) of the FFDCA. The Office of Management 
and Budget (OMB) has exempted these types of actions from review under 
Executive Order 12866, entitled Regulatory Planning and Review (58 FR 
51735, October 4, 1993). This final rule does not contain any 
information collections subject to OMB approval under the Paperwork 
Reduction Act (PRA), 44 U.S.C. 3501 et seq., or impose any enforceable 
duty or contain any unfunded mandate as described under Title II of the 
Unfunded Mandates Reform Act of 1995 (UMRA) (Pub. L. 104-4). Nor does 
it require any special considerations as required by Executive Order 
12898, entitled Federal Actions to Address Environmental Justice in 
Minority Populations and Low-Income Populations (59 FR 7629, February 
16, 1994), or require OMB review in accordance with Executive Order 
13045, entitled Protection of Children from Environmental Health Risks 
and Safety Risks (62 FR 19885, April 23, 1997).
    Under the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.), 
the Agency previously assessed whether establishing tolerances, 
exemptions from tolerances, raising tolerance levels or expanding 
exemptions might adversely impact small entities and concluded, as a 
generic matter, that there is no adverse economic impact. The factual 
basis for the Agency's generic certification for tolerance actions 
published on May 4, 1981 (46 FR 24950), and was provided to the Chief 
Counsel for Advocacy of the Small Business Administration.

B. Executive Order 12875

    Under Executive Order 12875, entitled Enhancing the 
Intergovernmental Partnership (58 FR 58093, October 28, 1993), EPA may 
not issue a regulation that is not required by statute and that creates 
a mandate upon a State, local or tribal government, unless the Federal 
government provides the funds necessary to pay the direct compliance 
costs incurred by those governments. If the mandate is unfunded, EPA 
must provide to OMB a description of the extent of EPA's prior 
consultation with representatives of affected State, local, and tribal 
governments, the nature of their concerns, copies of any written 
communications from the governments, and a statement supporting the 
need to issue the regulation. In addition, Executive Order 12875 
requires EPA to develop an effective process permitting elected 
officials and other representatives of State, local, and tribal 
governments ``to provide meaningful and timely input in the development 
of regulatory proposals containing significant unfunded mandates.''
    Today's rule does not create an unfunded Federal mandate on State, 
local, or tribal governments. The rule does not impose any enforceable 
duties on these entities. Accordingly, the requirements of section 1(a) 
of Executive Order 12875 do not apply to this rule.

C. Executive Order 13084

    Under Executive Order 13084, entitled Consultation and Coordination 
with Indian Tribal Governments (63 FR 27655, May 19, 1998), EPA may not 
issue a regulation that is not required by statute, that significantly 
or uniquely affects the communities of Indian tribal governments, and 
that imposes substantial direct compliance costs on those communities, 
unless the Federal government provides the funds necessary to pay the 
direct compliance costs incurred by the tribal governments. If the 
mandate is unfunded, EPA must provide OMB, in a separately identified 
section of the preamble to the rule, a description of the extent of 
EPA's prior consultation with representatives of affected tribal 
governments, a summary of the nature of their concerns, and a statement 
supporting the need to issue the regulation. In addition, Executive 
Order 13084 requires EPA to develop an effective process permitting 
elected officials 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

[[Page 31505]]

section 3(b) of Executive Order 13084 do not apply to this rule.

VII. Submission to Congress and the Comptroller General

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

List of Subjects in 40 CFR Part 180

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

    Dated: May 17, 1999.

Susan B. Hazen,
Acting Director, Office of Pesticide Programs.

    Therefore, 40 CFR chapter I is amended as follows:

PART 180--[AMENDED]

    1. The authority citation for part 180 continues to read as 
follows:

    Authority: 21 U.S.C. 321(q), 346a and 371.


Sec. 180.224  [Removed]

    2. By removing Sec. 180.224.
    3. Section 180.1016 paragraph (a) is revised to read as follows:


Sec. 180.1016  Ethylene; exemption from the requirement of a tolerance.

    *    *    *    *    *
    (a) For all food commodities, it is used as a plant regulator on 
plants, seeds, or cuttings and on all food commodities after harvest 
and when applied in accordance with good agricultural practices.
    *    *    *    *    *


Sec. 180.1042  [Removed]

    4. By removing Sec. 180.1042.
    5. By revising Sec. 180.1098, to read as follows:


Sec. 180.1098  Gibberellins [Gibberellic Acids (GA3 and GA4 + GA7), and 
Sodium or Potassium Gibberellate]; exemption from the requirement of a 
tolerance.

    An exemption from the requirement of a tolerance is established for 
residues of gibberellins [gibberellic acids (GA3 and GA4 + GA7), and 
sodium or potassium gibberellate] in or on all food commodities when 
used as plant regulators on plants, seeds, or cuttings and on all food 
commodities after harvest in accordance with good agricultural 
practices.


Sec. 180.1099  [Removed]

    6. By removing Sec. 180.1099.
    7. By adding new Secs. 180.1157 and 180.1158 to subpart D to read 
as follows:


Sec. 180.1157  Cytokinins; exemption from the requirement of a 
tolerance.

    An exemption from the requirement of a tolerance is established for 
residues of cytokinins (specifically: aqueous extract of seaweed meal 
and kinetin) in or on all food commodities when used as plant 
regulators on plants, seeds, or cuttings and on all food commodities 
after harvest in accordance with good agricultural practices.

Sec. 180.1158  Auxins; exemption from the requirement of a tolerance.

    An exemption from the requirement of a tolerance is established for 
residues of auxins (specifically: indole-3-acetic acid and indole-3-
butyric acid) in or on all food commodities when used as plant 
regulators on plants, seeds, or cuttings and on all food commodities 
after harvest in accordance with good agricultural practices.
    8. Section 180.1159 paragraph (a) is revised to read as follows:


Sec. 180.1159  Pelargonic acid; exemption from the requirement of 
tolerances.

    (a) An exemption from the requirement of a tolerance is established 
for residues of pelargonic acid in or on all food commodities when used 
as a plant regulator on plants, seeds, or cuttings and on all food 
commodities after harvest in accordance with good agricultural 
practices.
    *    *    *    *    *

[FR Doc. 99-14864 Filed 6-10-99; 8:45 am]
BILLING CODE 6560-50-F