[Federal Register Volume 64, Number 139 (Wednesday, July 21, 1999)]
[Rules and Regulations]
[Pages 39072-39078]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-18609]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 180, 185 and 186

[OPP-300841A; FRL-6093-6]
RIN 2070-AB78


Dalapon, Fluchloralin, et al.; Various Tolerance Revocations

AGENCY: Environmental Protection Agency (EPA).
ACTION:  Final rule.

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SUMMARY: This final rule announces the revocation of tolerances for 
residues of the pesticides listed in the regulatory text for the 
herbicides dalapon, fluchloralin, metobromuron, paraquat,

[[Page 39073]]

and sesone; the fungicides zinc sulfate, glyodin, and manganous 
dimethyldithiocarbamate (manam); the insecticides coumaphos, hydrogen 
cyanide and O-Ethyl S-phenyl ethylphosphonodithioate (fonofos); the 
plant growth regulator N,N-dimethylpiperidinium chloride (mepiquat 
chloride); and the food additive ethyl formate. Also, this rule revokes 
the tolerance for residues of the nematocide and insecticide ethoprop 
in or on mushrooms; and the food additive tolerance for residues of the 
fungicide paraformaldehyde in maple syrup. The regulatory actions in 
this 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 202 tolerances and/or 
exemptions. Since 18 tolerances were previously reassessed, 184 are 
counted 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-
300841A] 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-300841A] in the subject 
line on the first page of your request.
FOR FURTHER INFORMATION CONTACT: Amy Caicedo, 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 Highway, Arlington, 
Virginia. Telephone: (703) 308-9399; email: [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 Potentially
             Categories                 NAICS       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 technical person identified in the ``FOR 
FURTHER INFORMATION CONTACT'' section. In addition, the official record 
for this final rule, including the public version, has been established 
under docket control number [OPP-300841A], (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 am to 4 pm, 
Monday through Friday, excluding legal holidays. The Public Information 
and Records Integrity Branch telephone number is 703-305-5805.

III. What Action is Being Taken?

    This final rule announces the revocation of tolerances for residues 
of the pesticides listed in the regulatory text for the herbicides 
dalapon, fluchloralin, metobromuron, paraquat, and sesone; the 
fungicides zinc sulfate, glyodin, and manganous dimethyldithiocarbamate 
(manam); the insecticides coumaphos, hydrogen cyanide and O-Ethyl S-
phenyl ethylphosphonodithioate (fonofos); the plant growth regulator 
N,N-dimethylpiperidinium chloride (mepiquat chloride); and the food 
additive ethyl formate. Also, this rule revokes the tolerance for 
residues of the nematocide and insecticide ethoprop in or on mushrooms; 
and the food additive tolerance for residues of the fungicide 
paraformaldehyde in maple syrup.
    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 commenting 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 7, 1999 (64 FR 16874) (FRL 6075-
1), EPA issued a proposed rule for specific pesticides announcing the 
proposed revocation of tolerances for canceled

[[Page 39074]]

food uses inviting public comment for consideration and for support of 
tolerance retention under FFDCA standards. The following comments were 
received by the Agency in response to the document published in the 
Federal Register of April 7, 1999:

A. Coumaphos

    No comments were received concerning this chemical. The tolerances 
in 40 CFR 180.189 for residues of coumaphos on eggs; poultry, fat; 
poultry, mbyp; and poultry, meat are revoked because these uses were 
voluntarily canceled by the registrant.

B. Dalapon

    Comment from Dow AgroSciences. A comment was received by the Agency 
from Dow AgroSciences requesting that the tolerances for dalapon in 40 
CFR 180.150(a) and (b) not be revoked for the following commodities: 
apples; apricots; bananas; citrus pulp, dehydrated (ct feed); 
cottonseed; fruits, stone; fruits, pome; grain crops (exc wheat); 
grapefruit; grapes; lemons; limes; oranges; peaches; pears; plums; 
sorghum, forage; sorghum; sugarcane; tangerines; and from Sec. 186.1500 
citrus pulp, dehydrated (ct feed). The company requested that these 
tolerances be maintained as import tolerances because dalapon is still 
used in a number of countries such as Jamaica, Kazakhstan, Azerbaijan, 
and Zimbabwe, suggesting that the United States could potentially 
import products that contain residues of dalapon from these countries, 
DowAgro felt that the revocation of these tolerances could have a 
negative economic impact on these countries.
    Agency response. Dow AgroSciences presented information suggesting 
that some countries use Dalapon on the commodities cited in Unit 
III.B.1. above for international trade. No information was provided 
which indicated any likely import of dalapon-treated commodities into 
the United States. Dow did not indicate any interest in supporting 
these tolerances for import purposes. Moreover, EPA has not received 
any comments from the countries cited by Dow in support of these 
tolerances. Thus a need for retention of the dalapon tolerances has not 
been demonstrated. Therefore, all of the tolerances for dalapon are 
revoked from Secs. 180.105, 185.1500 and 186.1500.

C. Ethoprop

    No comments were received concerning this chemical. The tolerance 
for residues in 40 CFR 180.262(a) on mushrooms is revoked for Ethoprop 
because this chemical is no longer registered for use on mushrooms.

D. O-Ethyl S-phenyl ethylphosphonodithioate (Fonofos) 

    1. Comment from the Mint Industry Research Council. A comment was 
received by the Agency from the Mint Industry Research Council 
requesting that the Agency retain the tolerance for residues of fonofos 
on the commodities: peppermint; peppermint, hay; spearmint; and 
spearmint, hay. The Mint Industry Research Council indicated that there 
is a 3-year supply of Fonofos available to growers. The Council also 
believes that these tolerances are necessary to cover Fonofos residues 
in mint oil, which can have up to a 20-year shelf life. The Mint 
Industry Research Council also believes the peppermint, hay and 
spearmint, hay tolerances are necessary for use of these commodities in 
tea.
    2. Comment from Zeneca. A comment was received by the Agency from 
Zeneca requesting that the Agency retain the tolerance for residues of 
fonofos on all commodities listed in 40 CFR 180.221 for a period of 2 
years in order to allow existing stocks to be used and to allow the 
treated commodity to clear the channels of trade.
    3. Comment from J. DeFrancesco, on behalf of the Oregon Strawberry 
Commission. A comment was received by the Agency requesting that the 
Agency retain the tolerance for residues of fonofos on strawberries for 
a period of 2 to 3 years in order to control symphylans.
    Agency response. Although EPA will still revoke 30 of these 
tolerances, the tolerances for residues of O-Ethyl S-phenyl 
ethylphosphonodithioate (fonofos) on the commodities in 40 CFR 180.221 
will not expire until December 31, 2002, with the exception of the 4 
commodities listed in the following paragraph, in order to allow for 
the exhaustion of the existing stocks and to allow the fresh commodity 
to pass through the channels of trade. EPA acknowledges that processed 
commodities such as mint oil may not have cleared the channels of trade 
within that time frame. However, the provisions of FFDCA section 
408(l)(5) provide for the legal movement of those commodities through 
the channels of trade provided that they are treated prior to the 
expiration of the appropriate tolerance and that the actual residues on 
the commodities are within those allowed by the appropriate tolerance. 
It is fairly easy to identify the date the commodity was processed. If 
the commodity was processed before the effective date of the tolerance 
revocation, the presumption will be that any residue of fonofos is the 
result of legal application.
    The tolerances for residues of fonofos on peppermint, hay; 
spearmint, hay; beans, forage; beans, vine hay; corn, pop, forage; and 
peanuts, forage, however, are revoked effective 90 days following 
publication of this rule because they are no longer considered 
significant feed items. The parts of the peppermint and spearmint used 
in tea are covered by the peppermint, tops and spearmint, tops 
tolerances.
    The agency also revises commodity terminology to conform to current 
practice: bananas to banana; beets, sugar, tops to beet, sugar, tops; 
corn field fodder to corn, field, stover; corn fresh (incl sweet) (K + 
CWHR) to corn sweet, kernel plus cob with husks removed; corn, grain 
(including pop) to corn, field grain and to corn, pop, grain; corn, 
pop, fodder to corn, pop, stover; corn, sweet, fodder to corn sweet, 
stover; peas, forage to pea, field, vine; peas, vines hay to pea, 
field, hay; peanuts to peanut; peanuts, hay to peanut, hay; plantains 
to plantain; sorghum, fodder to sorghum, grain, stover; sorghum, forage 
to sorghum, grain, forage; sorghum, grain to sorghum, grain, grain; 
soybeans, forage to soybean, forage; soybeans, hay to soybean, hay; 
strawberries to strawberry; sugarcane to sugarcane, cane; vegetables, 
fruiting to vegetable, fruiting group; vegetables, root crop to 
vegetable, root crop; vegetables, seed and pod to vegetable, seed and 
pod; peppermint to peppermint, tops; and spearmint to spearmint, tops.

E. Hydrogen Cyanide

    Comments from the Arizona Department of Agriculture and various 
growers. Comments were received by the Agency requesting that the 
tolerance on citrus fruits, Sec. 180.130, be retained. This request is 
due to the use of sodium cyanide as a fumigant on citrus products which 
results in residues of hydrogen cyanide in or on citrus fruits. The 
pesticide is used to control California red scale Aonidiella auranti on 
citrus fruits that are imported to the state of Arizona.
    Agency response. As a result of the need for retaining this 
tolerance, the tolerance for residues of hydrogen cyanide on citrus 
fruits will remain in effect. All other tolerances for residues of 
hydrogen cyanide are revoked from Sec. 180.130.

F. N,N-dimethylpiperidinium chloride

    Comment received from BASF Products. A comment was received by the 
Agency that cottonseed should not

[[Page 39075]]

be revoked because there are still registered uses of N,N-
dimethylpiperidinium chloride which could lead to residues on this 
commodity.
    Agency response. Cottonseed was inadvertently listed in the Federal 
Register proposed rule, April 7, 1999 (64 FR 16874) (FRL 6075-1) in the 
codification section as being proposed for removal. The tolerance for 
cottonseed is not revoked from 40 CFR 180.384. However, the tolerance 
in 40 CFR 180.384 for cottonseed meal is revoked because it is now 
covered by the tolerance for cottonseed. This rule also revokes FFDCA 
tolerances in 40 CFR 180.384 for residues of the plant growth regulator 
N,N-dimethylpiperidinium chloride (mepiquat chloride) in or on cotton, 
forage because it is no longer considered a significant livestock feed 
item. Tolerances on eggs; milk; poultry, fat; poultry, mbyp; poultry, 
meat are revoked because EPA has determined there is no reasonable 
expectation of finite residues and therefore a tolerance is unnecessary 
(See 40 CFR 180.6(b)).

G. Paraformaldehyde 

    No comments were received regarding this chemical. The 
paraformaldehyde tolerance in 40 CFR 185.4650 for residues in maple 
syrup is revoked because the use was voluntarily canceled by the 
registrant.

H. Paraquat

    No comments were received regarding this chemical. This final rule 
revokes FFDCA tolerances for residues of the herbicide paraquat in or 
on the commodities listed below under 40 CFR 180.205(a). Rye grain and 
oat grain are revoked because there are presently no registered uses of 
paraquat for these commodities. The following tolerances are revoked 
because data indicate that no residues are expected, and in such cases 
the Agency revokes the existing tolerances because they are 
unnecessary: bean, straw; hops, fresh; hop vines; lentil hay; peanut 
vines; poultry fat; poultry meat; poultry meat byproducts; and 
sunflower seed hulls.

I. Fluchloralin, Metobromuron, Sesone, Basic Zinc Sulfate, Glyodin, 
Manganous Dimethyldithiocarbamate, and Ethyl Formate 

    No comments were received concerning these chemicals. This final 
rule revokes all FFDCA tolerances for residues of the herbicides 
fluchloralin, Sec. 180.363; metobromuron Sec. 180.250; and sesone, 
Sec. 180.102; the fungicides basic zinc sulfate, Sec. 180.244; glyodin, 
Sec. 180.124; and manganous dimethyldithiocarbamate, Sec. 180.161; and 
the food additive ethyl formate, Sec. 180.520, because no registered 
uses exist. The registrations for these pesticide chemicals were 
canceled because the registrant either failed to pay the required 
maintenance fee and/or the registrant voluntarily canceled all 
registered uses of the pesticide.

IV. When do These Actions Become Effective?

    These actions become effective 90 days following publication in the 
Federal Register. All tolerances will expire once the rule becomes 
effective, with the exception of the fonofos tolerances which will not 
expire until December 31, 2002. EPA has delayed the effectiveness of 
these revocations for 90 days following publication to ensure that all 
affected parties receive notice of EPA's action. Consequently, the 
effective date is October 19, 1999. For this particular final rule, the 
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 Food 
Quality Protection Act (FQPA). Under this section, any residue of these 
pesticides in or on such food shall not render the food adulterated so 
long as it is shown to the satisfaction of FDA that (1) the residue is 
present as the result of an application or use of the pesticide at a 
time and in a manner that was lawful under FIFRA, and (2) the residue 
does not exceed the level that was authorized at the time of the 
application or use to be present on the food under a tolerance or 
exemption from 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, Pennsylvania 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 B.1. 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.

[[Page 39076]]

    3. Resolution of the factual issue(s) in the manner sought by the 
requestor would be adequate to justify the action requested.

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

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

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

B. Does this Final 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 Final 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 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 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 rule does not significantly or uniquely affect the 
communities of Indian tribal governments. This action does not involve 
or impose any requirements that affect Indian Tribes. Accordingly, the 
requirements of section 3(b) of Executive Order 13084 do not apply to 
this rule.

E. Does this Action Involve any Environmental Justice Issues? 

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

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

    No. The Agency has certified that tolerance actions, including the 
tolerance actions in this 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 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 doing so would 
be inconsistent with applicable law or otherwise impractical. Voluntary 
consensus standards are technical standards (e.g., materials 
specifications, test methods, sampling procedures, business practices, 
etc.) that are developed or adopted by voluntary consensus standards 
bodies. The NTTAA requires EPA to provide Congress, through OMB, 
explanations when the Agency decides not to use available and 
applicable voluntary consensus standards.

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

    EPA is working to ensure that the U.S. tolerance reassessment 
program under FQPA does not disrupt international trade. EPA considers 
Codex Maximum Residue Limits (MRLs) in setting U.S. tolerances and in 
reassessing them.

[[Page 39077]]

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

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

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

List of Subjects

40 CFR Part 180

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

40 CFR Part 185

    Environmental Protection, Food additives, Pesticide and pest.

40 CFR Part 186

    Environmental Protection, Animal feeds, Pesticide and pest.

    Dated: July 14, 1999.
Jack E. Housenger,
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.

Secs. 180.102, 180.124, 180.150, and 180.161 [Removed]

    b. By removing Secs. 180.102, 180.124, 180.150, and 180.161.
    c. Section 180.130 is revised to read as follows:


Sec. 180.130   Hydrogen Cyanide; tolerances for residues.

    (a)  General. A tolerance for residues of the insecticide hydrogen 
cyanide from postharvest fumigation as a result of application of 
sodium cyanide is established as follows: 50 parts per million in or on 
citrus fruits.
    (b) Section 18 emergency exemptions. [Reserved]
    (c) Tolerances with regional registrations. [Reserved]
    (d) Indirect or inadvertent residues. [Reserved]
    d. Section 180.189 is revised to read as follows:


Sec. 180.189   Coumaphos; tolerances for residues.

    (a)  General. Tolerances for residues of the insecticide coumaphos 
(O,O-diethyl O-3-chloro-4-methyl-2-oxo-2H-1-benzopyran-7-yl 
phosphorothioate and its oxygen analog (O,O-diethyl O-3-chloro-4-
methyl-2-oxo-2H-1-benzopyran-7-yl phosphate) in or on food commodities 
as follows:

------------------------------------------------------------------------
                                                              Parts per
                         Commodity                             million
------------------------------------------------------------------------
Cattle, fat................................................          1.0
Cattle, meat...............................................          1.0
Cattle, mbyp...............................................          1.0
Goat, fat..................................................          1.0
Goat, meat.................................................          1.0
Goat, mbyp.................................................          1.0
Hog, fat...................................................          1.0
Hog, meat..................................................          1.0
Hog, mbyp..................................................          1.0
Horse, fat.................................................          1.0
Horse, meat................................................          1.0
Horse, mbyp................................................          1.0
Milk, fat (=n in whole milk)...............................          0.5
Sheep, fat.................................................          1.0
Sheep, meat................................................          1.0
Sheep, mbyp................................................          1.0
------------------------------------------------------------------------

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

Sec. 180.205 [Amended]

    e. By removing from Sec. 180.205(a), Paraquat, the entries for bean 
straw; hops, fresh; hop, vines; lentil, hay; oat grain; peanut, vines; 
poultry, fat; poultry, meat; poultry, mbyp; rye grain, and sunflower 
seed hulls.
    f. Section 180.221 is revised to read as follows:


Sec. 180.221   O-Ethyl S-phenyl ethylphosphonodithioate; tolerances for 
residues.

    (a)  General. Time limited tolerances are established for residues 
of the insecticide O-Ethyl S-phenylethylphosphonodithioate, including 
its oxygen analog (O-ethyl S-phenyl ethylphosphonothioate, in or on the 
following food commodities:

------------------------------------------------------------------------
                                                             Expiration/
                  Commodities                    Parts per    Revocation
                                                  million        date
------------------------------------------------------------------------
Asparagus.....................................          0.5     12/31/02
Banana........................................          0.1          Do.
Beet, sugar, tops.............................          0.1          Do.
Corn, field, stover...........................          0.1          Do.
Corn, field, forage...........................          0.1          Do.
Corn, sweet kernel plus cob with husks removed          0.1          Do.
Corn field, grain.............................          0.1          Do.
Corn, pop, grain..............................          0.1          Do.
Corn, pop, stover.............................          0.1          Do.
Corn, sweet, stover...........................          0.1          Do.
Corn, sweet, forage...........................          0.1          Do.
Peanut........................................          0.1          Do.
Peanut, hay...................................          0.1          Do.
Pea, field, hay...............................          0.1          Do.
Pea, field, vines.............................          0.1          Do.
Peppermint, tops..............................          0.1          Do.
Plantain......................................          0.1          Do.
Sorghum, grain, stover........................          0.1          Do.
Sorghum, grain, forage........................          0.1          Do.
Sorghum, grain, grain.........................          0.1          Do.
Soybean, forage...............................          0.1          Do.
Soybean, hay..................................          0.1          Do.
Spearmint, tops...............................          0.1          Do.
Strawberry....................................          0.1          Do.
Sugarcane, cane...............................          0.1          Do.
Vegetable, leafy..............................          0.1          Do.
Vegetable, fruiting group.....................          0.1          Do.
Vegetable, root crop..........................          0.1          Do.
Vegetable, seed and pod.......................          0.1          Do.
------------------------------------------------------------------------

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

[[Page 39078]]

Sec. 180.244, and Sec. 180.250 [Removed]

    g. By removing Sec. 180.244, and Sec. 180.250.

Sec. 180.262 [Amended]

    h. By removing, from Sec. 180.262(a), Ethoprop; tolerances for 
residues, the entry for mushrooms.

Sec. 180.363 [Removed]

    i. By removing Sec. 180.363.

Sec. 180.384 [Amended]

    j. By removing from Sec. 180.384, N,N-dimethylpiperidinium 
chloride, the entries for cotton forage; cottonseed meal; eggs; milk; 
poultry, fat; poultry, mbyp; and poultry, meat.

Sec. 180.520 [Removed]

    k. By removing Sec. 180.520.

 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.

Sec. 185.1500 and Sec. 185.4650 [Removed]

    b. By removing Sec. 185.1500 and Sec. 185.4650.

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. 186.1500 [Removed]

    b. By removing Sec. 186.1500.
[FR Doc. 99-18609 Filed 7-20-99; 8:45 am]
BILLING CODE 6560-50-F