[Federal Register Volume 64, Number 139 (Wednesday, July 21, 1999)]
[Rules and Regulations]
[Pages 39078-39083]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-18608]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 180, 185, and 186

[OPP-300847A; FRL-6093-9]
RIN 2070-AB78


Bentazon, Cyanazine, Dicrotophos, Diquat, Ethephon, Oryzalin, 
Oxadiazon, Picloram, Prometryn, and Trifluralin; Tolerance Actions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This final rule revokes specific tolerances for the herbicides 
bentazon, diquat, oxadiazon, picloram, prometryn, and trifluralin; the 
plant growth regulator ethephon; and the insecticide dimethyl phosphate 
of 3-hydroxy-N,N-dimethyl-cis-crotonamide [Dicrotophos]. EPA is 
revoking these tolerances because EPA has canceled the food uses 
associated with them. In addition, EPA is revising commodity 
terminology for oryzalin, bentazon, diquat, ethephon, picloram, and 
trifluralin to conform to current Agency practice. Due to a comment, 
EPA will not finalize an action on 2-[[4-chloro-6-(ethylamino)-s-
triazin-2-yl]amino]-2-methylpropionitrile [Cyanazine], at this time. 
The regulatory actions in this final rule are part of the Agency's 
reregistration program under the Federal Insecticide, Fungicide, and 
Rodenticide Act (FIFRA), and the tolerance reassessment requirements of 
the Federal Food, Drug, and Cosmetic Act (FFDCA). By law, EPA is 
required to reassess 33% of the tolerances in existence on August 2, 
1996, by August 1999, or about 3,200 tolerances. This document revokes 
17 tolerances and/or exemptions. Since three tolerances were previously 
reassessed, 14 of the 17 revocations are counted here as reassessments 
made toward the August 1999 review deadline of FFDCA section 408(q), as 
amended by the Food Quality Protection Act (FQPA) of 1996.

DATES: This final rule becomes effective October 19, 1999. Objections 
and requests for hearings, identified by docket control number [OPP-
300847A], must be received by EPA on or before September 20, 1999.
ADDRESSES: Objections and hearing requests can be submitted by mail or 
in person. Please follow the detailed instructions provided in Unit V. 
of the SUPPLEMENTARY INFORMATION section of this document. To ensure 
proper identification of your objection or hearing request, you must 
identify the docket control number [OPP-300847A] in the subject line on 
the first page of your request.

FOR FURTHER INFORMATION CONTACT: Joseph Nevola, Special Review Branch 
(7508C), Special Review and Reregistration Division, Office of 
Pesticide Programs, Environmental Protection Agency, 401 M St., SW., 
Washington, DC 20460. Office location: CM #2, 6th floor, 1921 Jefferson 
Davis Hwy., Arlington, VA. Telephone: (703) 308-8037; e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Does this Action Apply to Me?

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

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

    This listing is not exhaustive, but is a guide to entities likely 
to be regulated by this action. The North American Industrial 
Classification System (NAICS) codes will assist you in determining 
whether this action applies to you. If you have questions regarding the 
applicability of this action to a particular entity, consult the person 
listed in the FOR FURTHER INFORMATION CONTACT section.

II. How Can I Get Additional Information or Copies of this or Other 
Support Documents?

A. Electronically

    You may obtain electronic copies of this document and various 
support documents from the EPA Internet Home Page at http://
www.epa.gov/. On the Home Page select ``Laws and Regulations,'' and 
then look up the entry for this document under ``Federal Register--
Environmental Documents.'' You can also go directly to the ``Federal 
Register'' listings at http://www.epa.gov/fedrgstr/.

B. In Person or by Phone

    If you have any questions or need additional information about this 
action, please contact the person identified in the ``FOR FURTHER 
INFORMATION CONTACT'' section. In addition, the official record for 
this notice, including the public version, has been established under 
docket control number [OPP-300847A] including comments and data 
submitted electronically as described below. A public version of this 
record, including printed, paper versions of any electronic comments, 
which does not include any information claimed as Confidential Business 
Information (CBI), is available for inspection in Room 119, Crystal 
Mall #2, 1921 Jefferson Davis Hwy., Arlington VA, from 8:30 a.m. to 4 
p.m., Monday through Friday, excluding legal holidays. The Public 
Information and Records Integrity Branch telephone number is (703) 305-
5805.

[[Page 39079]]

III. What Action is being Taken?

    This final rule revokes the FFDCA tolerances for residues of 
certain specified pesticides in or on certain specified commodities. 
EPA is revoking these tolerances because they are not necessary to 
cover residues of the relevant pesticides in or on domestically treated 
commodities or commodities treated outside but imported into the United 
States. These pesticides are no longer used on commodities within the 
United States and no person has provided comment identifying a need for 
EPA to retain the tolerances to cover residues in or on imported foods. 
EPA has historically expressed a concern that retention of tolerances 
that are not necessary to cover residues in or on legally treated foods 
has the potential to encourage misuse of pesticides within the United 
States. Thus, it is EPA's policy to issue a final rule revoking those 
tolerances for residues of pesticide chemicals for which there are no 
active registrations under FIFRA, unless any person in comments on the 
proposal demonstrates a need for the tolerance to cover residues in or 
on imported commodities or domestic commodities legally treated.
    EPA is not issuing today a final rule to revoke those tolerances 
for which EPA received comments demonstrating a need for the tolerance 
to be retained. Generally, EPA will proceed with the revocation of 
these tolerances on the grounds discussed above only if: (1) Prior to 
EPA's issuance of a section 408(f) order requesting additional data or 
issuance of a section 408(d) or (e) order revoking the tolerances on 
other grounds, commenters retract the comment identifying a need for 
the tolerance to be retained; (2) EPA independently verifies that the 
tolerance is no longer needed; (3) the tolerance is not supported by 
data; or (4) the tolerance does not meet the requirements under FQPA.
    In the Federal Register of April 23, 1999 (64 FR 19961) (FRL-6076-
4), EPA issued a document which proposed the revocation of tolerances 
for residues of the herbicides bentazon, 2-[[4-chloro-6-(ethylamino)-s-
triazin-2-yl]amino]-2-methylpropionitrile [Cyanazine], diquat, 
oxadiazon, picloram, prometryn, and trifluralin; the plant growth 
regulator ethephon; and the insecticide dimethyl phosphate of 3-
hydroxy-N,N-dimethyl-cis-crotonamide [Dicrotophos]. EPA also proposed 
to revise commodity terminology for oryzalin, bentazon, cyanazine, 
diquat, ethephon, picloram, and trifluralin to conform to current 
Agency practice. In that document, the Agency invited public comment 
for consideration and for support of tolerance retention under FFDCA 
standards.

A. Significant Comment Received

    Only one significant comment was received by the Agency in response 
to the document published in the Federal Register of April 23, 1999:
    1. 2-[[4-Chloro-6-(ethylamino)-s-triazin-2-yl]amino]-2-
methylpropionitrile [Cyanazine]
    Comment from Griffin L.L.C. (Griffin). Griffin Corporation 
commented that it produces 2-[[4-chloro-6-(ethylamino)-s-triazin-2-
yl]amino]-2-methylpropionitrile [Cyanazine] for export to, and use in 
other nations. Griffin requested that EPA not revoke the existing 
tolerances for cyanazine, because Griffin plans maintenance of import 
tolerances for cyanazine. Griffin declared that it anticipates working 
with EPA to achieve compliance with the Agency's final guidance on 
import tolerances and its data requirements.
    Agency response. 2-[[4-Chloro-6-(ethylamino)-s-triazin-2-yl]amino]-
2-methylpropionitrile [Cyanazine] production for use in the United 
States remains terminated by December 31, 1999, with cyanazine 
registrations canceled on January 1, 2000, authorized sale and 
distribution of such products in the channels of trade in accordance 
with their labels is permitted through September 30, 2002, and use of 
cyanazine products after December 31, 2002 is prohibited (61 FR 39023) 
(FRL-5385-7). However, due to Griffin's interest in maintaining import 
tolerances, at this time, EPA will not take action on cyanazine. 
Instead, EPA will follow-up on this comment with Griffin and any final 
action that EPA takes will be published in a future Federal Register 
document.

B. No Significant Comment Received

    As for the other tolerances proposed for revocation in the Federal 
Register of April 23, 1999, no significant comments were received. 
Therefore, EPA is revoking tolerances for the herbicides bentazon, 
diquat, oxadiazon, picloram, prometryn, and trifluralin; the plant 
growth regulator ethephon; and the insecticide dimethyl phosphate of 3-
hydroxy-N,N-dimethyl-cis-crotonamide [Dicrotophos]. In addition, EPA is 
revising commodity terminology for bentazon, diquat, ethephon, 
oryzalin, picloram, prometryn, and trifluralin to conform to current 
Agency practice.
    1. Bentazon. EPA is revoking the tolerances in 40 CFR 180.355 for 
bentazon residues in or on beans, lima (succulent); mint, spent hay; 
and peanuts, forage. In 40 CFR 180.355, the Agency is revising 
commodity terminology for beans (except soybeans), dried to bean, dry, 
seed; beans (exc. soybeans), dried, vine hays to cowpea, hay; beans 
(exc. soybeans), forage to cowpea, forage; beans, succulent to bean, 
succulent; Bohemian chili peppers to pepper, nonbell; cattle, mbyp to 
cattle, meat byproducts; corn, fodder to corn, field, stover; corn, 
forage to corn, field, forage; corn, grain to corn, field, grain and 
corn, pop, grain; corn, fresh (inc. sweet K+CWHR) to corn, sweet, 
kernel plus cob with husks removed; eggs to egg; peanuts to peanut; 
peanuts, hay to peanut, hay; peas (dried) to pea, dry, seed; peas 
(dried), vine hays to pea, field, hay; peas, forage to pea, field, 
vines; peas, succulent to pea, succulent; poultry, mbyp to poultry, 
meat byproducts; and rice to rice, grain.
    2. Dimethyl phosphate of 3-hydroxy-N,N-dimethyl-cis-crotonamide 
[Dicrotophos]. EPA is revoking the tolerance in 40 CFR 180.299 for 
dimethyl phosphate of 3-hydroxy-N,N-dimethyl-cis-crotonamide residues 
in or on pecans.
    3. Diquat. EPA is revoking the tolerance in 40 CFR 180.226(a) for 
diquat residues in or on sugarcane and the tolerance in 40 CFR 
185.2500(a) and (b) for diquat residues in or on water, potable. In 
180.226(a), the Agency is revising commodity terminology for potatoes 
to potato; and in 180.226(b), commodity terminology for avocados to 
avocado; cottonseed to cotton, undelinted seed; cucurbits to vegetable, 
cucurbit, group; fruits, citrus to fruit, citrus, group; fruits, pome 
to fruit, pome, group; fruits, stone to fruit, stone, group; grasses, 
forage to grass, forage; hops to hop, dried cones; legumes, forage to 
vegetable, foliage of legume, group; nuts to nut, tree, group; 
sugarcane to sugarcane, cane; vegetables, fruiting to vegetable, 
fruiting, group; and vegetables, root crop to vegetable, root and 
tuber, group. In 185.2500, the terminology is revised for processed 
potatoes (includes potato chips) to potato, granules/flakes and potato, 
chips.
    4. Ethephon. EPA is revoking the tolerances in 40 CFR 180.300 for 
ethephon residues in or on filberts; lemons; pineapple fodder; 
pineapple forage; tangerines; and tangerine hybrids. In 40 CFR 
180.300(a), the Agency is revising commodity terminology for figs to 
fig; goats, fat to goat, fat; horses, meat to horse, meat; macadamia 
nuts to nut, macadamia; pineapples to pineapple; pumpkins to pumpkin; 
and tomatoes to tomato. Also, in 40 CFR 185.2700, the terminology is 
revised for barley, milling fractions, except flour to barley, pearled 
barley

[[Page 39080]]

and barley, bran; and wheat, milling fractions, except flour to wheat, 
bran, wheat, middlings, and wheat, shorts; and in 186.2700(a) for 
wheat, milling fractions, except flour to wheat, milled byproducts.
    5. Oryzalin. In 40 CFR 180.304(a), the Agency is revising commodity 
terminology for figs to fig; kiwifruits to kiwifruit; nuts to nut, 
tree, group; and olives to olive.
    6. Oxadiazon. EPA is revoking the tolerance in 40 CFR 180.346 for 
oxadiazon residues in or on rice straw.
    7. Picloram. EPA is revoking the tolerances in 40 CFR 180.292 for 
picloram residues in or on flax, seed; and flax, straw. In 40 CFR 
180.292, the Agency is revising commodity terminology for cattle, mbyp 
(exc. kidney and liver) to cattle, meat byproducts except kidney and 
liver; eggs to egg; goats, fat to goat, fat; goats, mbyp (exc. kidney 
and liver) to goat, meat byproducts except kidney and liver; goats, 
meat to goat, meat; grasses, forage to grass, forage; hogs, mbyp (exc. 
kidney and liver) to hog, meat byproducts except kidney and liver; 
horses, mbyp (exc. kidney and liver) to horse, meat byproducts except 
kidney and liver; oats, green forage to oat, forage; sheep, mbyp (exc. 
kidney and liver) to sheep, meat byproducts except kidney and liver; 
and wheat, green forage to wheat, forage.
    8. Prometryn. EPA is revising the commodity ``cotton'' in 40 CFR 
180.222 to ``cotton, forage'' because this is the more accurate 
description of what that tolerance should cover. However, because 
``cotton, forage'' is no longer considered a significant livestock feed 
commodity according to Table I ``Raw Agricultural and Processed 
Commodities and Feedstuffs Derived from Crops,'' August 1996, in the 
Residue Chemistry Test Guidelines: OPPTS 860.1000, EPA 721-C-96-169, 
the Agency is revoking the tolerance.
    9. Trifluralin. EPA is revoking the tolerance in 40 CFR 180.207 for 
trifluralin residues in or on barley, fodder. In 40 CFR 180.207, EPA is 
removing the ``(N)'' designation from all entries to conform to current 
Agency administrative practice. The Agency is revising commodity 
terminology for carrots to carrot, roots; citrus fruits to fruit, 
citrus, group; corn, grain (exc. popcorn) to corn, field, grain; corn, 
grain (exc. popcorn), forage to corn, field, forage; corn, grain (exc. 
popcorn), fodder to corn, field, stover; cottonseed to cotton, 
undelinted seed; cucurbits to vegetable, cucurbit, group; grain, crops 
(except fresh corn and rice grain) to grain, crops, except corn, sweet 
and rice grain; mung bean sprouts to bean, mung, sprouts; nuts to nut, 
tree, group; peanuts to peanut; peppermint, hay to peppermint, tops; 
rape, seed to rapeseed, seed; spearmint, hay to spearmint, tops; stone 
fruits to fruit, stone, group; sugarcane to sugarcane, cane; sunflower 
seed to sunflower, seed; upland cress to cress, upland; and vegetables, 
fruiting to vegetable, fruiting, group.

IV. When Do These Actions Become Effective?

    These actions become effective 90 days following publication of 
this final rule in the Federal Register. EPA has delayed the 
effectiveness of these revocations for 90 days following publication of 
the final rule to ensure that all affected parties receive notice of 
EPA's actions. Consequently, the effective date is October 19, 1999. 
For this particular final rule, the revocation actions will affect uses 
which have been canceled for more than a year. Therefore, commodities 
should have cleared the channels of trade.
    Any commodities listed in the regulatory text of this document that 
are treated with the pesticides subject to this final rule, and that 
are in the channels of trade following the tolerance revocations, shall 
be subject to FFDCA section 408(1)(5), as established by the FQPA. 
Under this section, any residue of these pesticides in or on such food 
shall not render the food adulterated so long as it is shown to the 
satisfaction of FDA that: (1) The residue is present as the result of 
an application or use of the pesticide at a time and in a manner that 
was lawful under FIFRA, and (2) the residue does not exceed the level 
that was authorized at the time of the application or use to be present 
on the food under a tolerance or exemption from a tolerance. Evidence 
to show that food was lawfully treated may include records that verify 
the dates that the pesticide was applied to such food.

V. Can I Submit Objections or Hearing Requests?

    Yes. Any person can file written objections to any aspect of this 
regulation and can also request a hearing on those objections. 
Objections and hearing requests are currently governed by the 
procedures in 40 CFR part 178, modified as needed to reflect the 
requirements of FFDCA section 408(g).

A. When and Where to Submit

    Objections and hearing requests must be mailed or delivered to the 
Hearing Clerk no later than September 20, 1999. The address of the 
Hearing Clerk is Hearing Clerk (1900), Environmental Protection Agency, 
Rm. M3708, 401 M St., SW., Washington, DC 20460.

B. Fees for Submission

    1. Each objection must be accompanied by a fee of $3,275 or a 
request for waiver of fees. Fees accompanying objections and hearing 
requests must be labeled ``Tolerance Petition Fees,'' and forwarded to 
EPA Headquarters Accounting Operations Branch, OPP (Tolerance Fees), 
P.O. Box 360277M, Pittsburgh, PA 15251.
    2. EPA may waive any fee when a waiver or refund is equitable and 
not contrary to the purposes of the Act. A request for a waiver of 
objection fees should be submitted to James Hollins, Information 
Resources and Services Division (7502C), Office of Pesticide Programs, 
Environmental Protection Agency, 401 M St., SW., Washington, DC 20460. 
The request for a waiver must be accompanied by a fee of $1,650, unless 
the objector has no financial interest in the matter. The fee, if 
required, must be submitted to the address in Unit V.B.1. of this 
document. For additional information on tolerance objection fee 
waivers, contact James Tompkins, Registration Division (7505C), at the 
same mailing address, or by phone at (703) 305-5697, or e-mail at 
[email protected].

C. Information to be Submitted

    Objections must specify the provisions of the regulation considered 
objectionable and the grounds for the objections. If a hearing is 
requested, the objections must include a statement of the factual 
issue(s) on which a hearing is requested, the requestor's contentions 
on such issues, and a summary of any evidence relied upon by the 
objector. You may claim information that you submit in response to this 
document as confidential by marking any part or all of that information 
as CBI. Information so marked will not be disclosed except in 
accordance with procedures set forth in 40 CFR part 2.

D. Granting a Hearing Request

    A request for a hearing will be granted if the Administrator 
determines that the material submitted shows the following:
    1. There is a genuine and substantial issue of fact.
    2. There is a reasonable possibility that available evidence 
identified by the requestor would, if established, resolve one or more 
of such issues in favor of the requestor, taking into account 
uncontested claims or facts to the contrary.
    3. Resolution of the factual issue(s) in the manner sought by the 
requestor

[[Page 39081]]

would be adequate to justify the action requested.

VI. How Do the Regulatory Assessment Requirements Apply to this 
Final Action?

A. Is this a ``Significant Regulatory Action''?

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

B. Does this Action Contain Any Reporting or Recordkeeping 
Requirements?

    No. This final action does not impose any information collection 
requirements subject to OMB review or approval pursuant to the 
Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

C. Does this Action Involve Any ``Unfunded Mandates''?

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

D. Do Executive Orders 12875 and 13084 Require EPA to Consult with 
States and Indian Tribal Governments Prior to Taking the Action in this 
Document?

    No. Under Executive Order 12875, entitled Enhancing the 
Intergovernmental Partnership (58 FR 58093, October 28, 1993), EPA may 
not issue a regulation that is not required by statute and that creates 
a mandate upon a State, local, or tribal government, unless the Federal 
government provides the funds necessary to pay the direct compliance 
costs incurred by those governments. If the mandate is unfunded, EPA 
must provide to OMB a description of the extent of EPA's prior 
consultation with representatives of affected State, local, and tribal 
governments, the nature of their concerns, copies of any written 
communications from the governments, and a statement supporting the 
need to issue the regulation. In addition, Executive Order 12875 
requires EPA to develop an effective process permitting elected 
officials and other representatives of State, local, and tribal 
governments ``to provide meaningful and timely input in the development 
of regulatory proposals containing significant unfunded mandates.''
    Today's final rule does not create an unfunded Federal mandate on 
State, local, or tribal governments. The rule does not impose any 
enforceable duties on these entities. Accordingly, the requirements of 
section 1(a) of Executive Order 12875 do not apply to this rule.
    Under Executive Order 13084, entitled Consultation and Coordination 
with Indian Tribal Governments (63 FR 27655, May 19, 1998), EPA may not 
issue a regulation that is not required by statute, that significantly 
or uniquely affects the communities of Indian tribal governments, and 
that imposes substantial direct compliance costs on those communities, 
unless the Federal government provides the funds necessary to pay the 
direct compliance costs incurred by the tribal governments. If the 
mandate is unfunded, EPA must provide OMB, in a separately identified 
section of the preamble to the rule, a description of the extent of 
EPA's prior consultation with representatives of affected tribal 
governments, a summary of the nature of their concerns, and a statement 
supporting the need to issue the regulation. In addition, Executive 
Order 13084 requires EPA to develop an effective process permitting 
elected and other representatives of Indian tribal governments ``to 
provide meaningful and timely input in the development of regulatory 
policies on matters that significantly or uniquely affect their 
communities.''
    Today's final rule does not significantly or uniquely affect the 
communities of Indian tribal governments. This action does not involve 
or impose any requirements that affect Indian Tribes. Accordingly, the 
requirements of section 3(b) of Executive Order 13084 do not apply to 
this rule.

E. Does this Action Involve Any Environmental Justice Issues?

    No. This action does not involve special considerations of 
environmental-justice related issues pursuant to Executive Order 12898, 
entitled Federal Actions to Address Environmental Justice in Minority 
Populations and Low-Income Populations (59 FR 7629, February 16, 1994).

F. Does this Action Have a Potentially Significant Impact on a 
Substantial Number of Small Entities?

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

G. Does this Action Involve Technical Standards?

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

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

    EPA is working to ensure that the U.S. tolerance reassessment 
program under FQPA does not disrupt international trade. EPA considers 
Codex Maximum Residue Limits (MRLs) in setting U.S. tolerances and in 
reassessing them. MRLs are established by the Codex Committee on 
Pesticide Residues, a committee within the Codex

[[Page 39082]]

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

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

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

List of Subjects

40 CFR Part 180

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

40 CFR Part 185

    Environmental protection, Food additives, Pesticides and pests.

40 CFR Part 186

    Environmental protection, Animal feeds, Pesticides and pests.

    Dated: July 15, 1999.
Jack E. Housenger,
Acting Director, Special Review and Reregistration Division, Office of 
Pesticide Programs.
    Therefore, 40 CFR parts 180, 185, and 186 are amended to read as 
follows:

PART 180--[AMENDED]

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

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

Sec. 180.207 [Amended]

    b. In Sec. 180.207 paragraph (a), remove the ``(N)'' designation 
from all entries and remove the entry for ``barley, fodder.'' Also, 
remove the terms listed in the first column below and add in their 
place in alphabetical order the terms listed in the second column:

 
------------------------------------------------------------------------
                  Remove                                 Add
------------------------------------------------------------------------
Carrots...................................  Carrot, roots
Citrus fruits.............................  Fruit, citrus, group
Corn, grain (exc. popcorn)................  Corn, field, grain
Corn, grain (exc. popcorn), fodder........  Corn, field, stover
Corn, grain (exc. popcorn), forage........  Corn, field, forage
Cottonseed................................  Cotton, undelinted seed
Cucurbits.................................  Vegetable, cucurbit, group
Grain, crops (except fresh corn and rice    Grain, crops, except corn,
 grain).                                     sweet and rice grain
Mung bean sprouts.........................  Bean, mung, sprouts
Nuts......................................  Nut, tree, group
Peanuts...................................  Peanut
Peppermint, hay...........................  Peppermint, tops
Rape, seed................................  Rapeseed, seed
Spearmint, hay............................  Spearmint, tops
Stone fruits..............................  Fruit, stone, group
Sugarcane.................................  Sugarcane, cane
Sunflower seed............................  Sunflower, seed
Upland cress..............................  Cress, upland
Vegetables, fruiting......................  Vegetable, fruiting, group
------------------------------------------------------------------------

Sec. 180.222 [Amended]

    c. In Sec. 180.222, in paragraph (a), the table is amended by 
removing the entry for ``cotton.''

Sec. 180.226 [Amended]

    d. Section 180.226 is amended as follows:
    i. In paragraph (a), the table is amended by removing the entry for 
``sugarcane'' and revising the term ``potatoes'' to read ``potato''.
    ii. In the table to paragraph (b), remove the terms listed in the 
first column below and add in their place in alphabetical order the 
terms listed in the second column:

 
------------------------------------------------------------------------
                  Remove                                 Add
------------------------------------------------------------------------
Avocados..................................  Avocado
Cottonseed................................  Cotton, undelinted seed
Cucurbits.................................  Vegetable, cucurbit, group
Fruits, citrus............................  Fruit, citrus, group
Fruits, pome..............................  Fruit, pome, group
Fruits, stone.............................  Fruit, stone, group
Grasses, forage...........................  Grass, forage
Hops......................................  Hop, dried cones
Legumes, forage...........................  Vegetable, foliage of
                                             legume, group
Nuts......................................  Nut, tree, group
Sugarcane.................................  Sugarcane, cane
Vegetables, fruiting......................  Vegetable, fruiting, group
Vegetables, root crop.....................  Vegetable, root and tuber,
                                             group.
------------------------------------------------------------------------

Sec. 180.292 [Amended]

    e. In Sec. 180.292, in the table to paragraph (a)(1), remove the 
entries for ``flax, seed''; and ``flax, straw'' and remove the entries 
listed in the first column of the table below and add the entries 
listed in the second column in place thereof in alphabetical order.

 
------------------------------------------------------------------------
                  Remove                                 Add
------------------------------------------------------------------------
Cattle, mbyp (exc kidney and liver).......  Cattle, meat byproducts
                                             except kidney and liver
Eggs......................................  Egg
Goats, fat................................  Goat, fat
Goats, mbyp (exc kidney and liver)........  Goat, meat byproducts except
                                             kidney and liver
Goats, meat...............................  Goat, meat
Grasses, forage...........................  Grass, forage
Hogs, mbyp (exc kidney and liver).........  Hog, meat byproducts except
                                             kidney and liver
Horses, mbyp (exc kidney and liver).......  Horse, meat byproducts
                                             except kidney and liver
Oats, green forage........................  Oat, forage
Sheep, mbyp (exc kidney and liver)........  Sheep, meat byproducts
                                             except kidney and liver
Wheat, green forage.......................  Wheat, forage
------------------------------------------------------------------------

Sec. 180.299 [Amended]

    f. In Sec. 180.299, remove the entry for ``pecans'' from the table.

Sec. 180.300 [Amended]

    g. In Sec. 180.300(a), remove from the table the entries for 
``filberts,'' ``lemons,'' ``pineapple fodder,'' ``pineapple forage,'' 
``tangerines,'' and ``tangerine hybrids'' and remove the terms listed 
in the first column of the table below and add the terms listed in the 
second column in place thereof in alphabetical order.

[[Page 39083]]



 
------------------------------------------------------------------------
                  Remove                                 Add
------------------------------------------------------------------------
Figs......................................  Fig
Goats, fat................................  Goat, fat
Horses, meat..............................  Horse, meat
Macadamia nuts............................  Nut, macadamia
Pineapples................................  Pineapple
Pumpkins..................................  Pumpkin
Tomatoes..................................  Tomato
------------------------------------------------------------------------

    h. Section 180.304 is amended as follows:
    i. By revising paragraph (a) introductory text.


Sec. 180.304   Oryzalin; tolerances for residues.

    (a) Tolerances are established for residues of the herbicide 
oryzalin (3,5-dinitro-N4,N4-
dipropylsulfanilamide) in or on the following raw agricultural 
commodities:
    *  *  *  *  *
    ii. In the table in paragraph (a), by removing the terms listed in 
the first column below and adding in place thereof in alphabetical 
order the term listed in the second column to read as follows:

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

Sec. 180.346 [Amended]

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

Sec. 180.355 [Amended]

    j. Section 180.355 is amended as follows:
    i. In the table to paragraph (a), by removing the entries for 
``beans, lima (succulent)''; ``mint, spent hay''; and ``peanuts, 
forage''; and removing the terms listed in the first column below and 
adding in place thereof in alphabetical order the terms listed in the 
second column.

 
------------------------------------------------------------------------
                  Remove                                 Add
------------------------------------------------------------------------
Beans (except soybeans), dried............  Bean, dry, seed
Beans (exc. soybeans), dried, vine hays...  Cowpea, hay
Beans (exc. soybeans), forage.............  Cowpea, forage
Beans, succulent..........................  Bean, succulent
Bohemian chili peppers....................  Pepper, nonbell
Cattle, mbyp..............................  Cattle, meat byproducts
Corn, fodder..............................  Corn, field, stover
Corn, forage..............................  Corn, field, forage
Corn, fresh (inc. sweet K+CWHR)...........  Corn, sweet, kernel plus cob
                                             with husks removed
Corn, grain...............................  Corn, field, grain
Eggs......................................  Egg
Peanuts...................................  Peanut
Peanuts, hay..............................  Peanut, hay
Peas (dried)..............................  Pea, dry, seed
Peas (dried), vine hays...................  Pea, field, hay
Peas, forage..............................  Pea, field, vines
Peas, succulent...........................  Pea, succulent
Poultry, mbyp.............................  Poultry, meat byproducts
Rice......................................  Rice, grain
------------------------------------------------------------------------

    ii. Section 180.355 is further amended by adding alphabetically an 
entry to the table in paragraph (a) for corn, pop, grain to read as 
follows:


Sec. 180.355   Bentazon; tolerances for residues.

    (a)  *  *  *

 
------------------------------------------------------------------------
                                                              Parts per
                         Commodity                             million
------------------------------------------------------------------------
 
                   *        *        *        *      *
Corn, pop, grain                                                    0.05
 
                   *        *        *        *      *
------------------------------------------------------------------------

PART 185--[AMENDED]

    2. In part 185:
    a. The authority citation for part 185 continues to read as 
follows:

    Authority: 21 U.S.C. 346a and 348.

    b. By revising Sec. 185.2500 to read as follows:


Sec. 185.2500   Diquat.

    A food additive regulation of 0.5 part per million is established 
for residues of diquat in potato, granules/flakes and potato, chips.
    c. In Sec. 185.2700, the table is revised to read as follows:


Sec. 185.2700   Ethephon.

    *    *    *    *    *

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

PART 186--[AMENDED]

    3. In part 186:
    a. The authority citation for part 186 continues to read as 
follows:

    Authority: 21 U.S.C. 342, 348, and 371.

Sec. 186.2700 [Amended]

    b. In Sec. 186.2700(a) by revising the term ``wheat, milling 
fractions, except flour'' to read ``wheat, milled byproducts''.

[FR Doc. 99-18608 Filed 7-20-99; 8:45 am]
BILLING CODE 6560-50-F