[Federal Register Volume 64, Number 147 (Monday, August 2, 1999)]
[Rules and Regulations]
[Pages 41818-41823]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-19785]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 180 and 186

[OPP-300906; FRL-6096-2]
RIN 2070-AB78


Fenbutatin oxide, Glyphosate, Linuron, and Mevinphos; Tolerance 
Actions

 AGENCY: Environmental Protection Agency (EPA).

 ACTION: Final rule.

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SUMMARY: This final rule revokes specific tolerances for the herbicides 
glyphosate and linuron, and the insecticides fenbutatin oxide (hexakis 
(2-methyl-2-phenylpropyl)distannoxane) and mevinphos (methyl 3-
[(dimethoxyphosphinyl)oxy]butenoate, alpha and beta isomers). EPA is 
revoking these tolerances because the Agency has canceled the food uses 
associated with them. All registrations for mevinphos were canceled in 
1994. These revocations were proposed in the Federal Register, as given 
in the regulatory text. The regulatory actions in this document are 
part of the Agency's reregistration program under the Federal 
Insecticide, Fungicide, and Rodenticide Act (FIFRA), and the tolerance 
reassessment requirements of the Federal Food, Drug, and Cosmetic Act 
(FFDCA). By law, EPA is required to reassess 33% of the tolerances in 
existence on August 2, 1996, by August 1999, or about 3,200 tolerances. 
This document revokes 58 tolerances and/or exemptions. Since 3 
tolerances were previously reassessed, 55 of the 58 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 November 1, 1999. Objections 
and requests for hearings, identified by docket control number [OPP-
300906], must be received by EPA on or before October 1, 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-300906] in the subject 
line on the first page of your request.

FOR FURTHER INFORMATION CONTACT:  For technical information contact: 
Joseph Nevola, Special Review Branch, (7508C), Special Review and 
Reregistration Division, Office of Pesticide Programs, U.S. 
Environmental Protection Agency, 401 M St., SW., Washington, DC 20460. 
Office location: Special Review Branch, 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 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 notice, including the public version, has been established 
under docket control number [OPP-300906] (including comments and data 
submitted electronically as described below). A public version of this 
record, including printed, paper versions of any electronic comments, 
which does not include any information claimed as Confidential Business 
Information (CBI), is available for inspection in Room 119, Crystal 
Mall #2, 1921 Jefferson Davis Hwy., Arlington VA, from 8:30 a.m. to 4 
p.m., Monday through Friday, excluding legal holidays. The Public 
Information and Records Integrity Branch telephone number is (703) 305-
5805.

III. 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 those specified 
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

[[Page 41819]]

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.
    Except for mevinphos, EPA had issued a Registration Eligibility 
Decision (RED) for the pesticide active ingredients listed in this 
document before the passage of FQPA. The RED contains the Agency's 
evaluation of the data base of a chemical, including requirements for 
additional data on the active ingredients to confirm the potential 
human health and environmental risk assessments associated with current 
product uses, and the Agency's decisions and conditions under which 
these uses and products will be eligible for reregistration. In the 
Federal Register, EPA issued several documents based on those REDs 
which proposed the establishment, modification, and revocation of 
specific tolerances and invited public comment for consideration and 
for support of tolerance retention under FFDCA standards (see below). 
Actions which were included in the original proposals, such as 
establishing or modifying tolerances, require assessment under the FQPA 
standard of ``reasonable certainty of no harm'', and will be re-
proposed after that is completed. However, the tolerance revocations in 
this document may be taken without such assessment, because the 
tolerances are no longer necessary.
    Hexakis (2-methyl-2 phenylpropyl)distannoxane, also known as 
fenbutatin oxide, is a miticide/acaricide first registered in 1974. EPA 
issued a Registration Standard for fenbutatin oxide in 1987 and a RED 
in November 1994. In the Federal Register of March 20, 1996 (61 FR 
11359) (FRL-5347-6), EPA proposed to revoke the tolerances for 
marigolds, fresh in 40 CFR 180.362; and for marigolds (dried and 
extract) in Sec. 186.3550. Fresh and dried marigolds are not considered 
to be significant food or feed commodities in Table II, updated in 
August, 1996 as Table I ``Raw Agricultural and Processed Commodities 
and Feedstuffs Derived from Crops''. In addition, the Agency proposed 
tolerance revocations for dried grape pomace and raisin waste, which 
were revoked in the Federal Register of December 17, 1997 (62 FR 66020) 
(FRL-5753-1). A comment to the March 20, 1996 document was received.
    EPA completed its RED for glyphosate in September 1993. In the 
Federal Register of June 27, 1996 (61 FR 33469) (FRL-5380-9), EPA 
proposed to revoke the tolerances in 40 CFR 180.364 for cotton, forage 
and cotton, hay; and for citrus molasses in Sec. 186.3500, which was 
later transferred to the table in paragraph (a) of Sec. 180.364 (62 FR 
17723, April 11, 1997) (FRL-5598-6). Cotton, forage; cotton, hay; and 
citrus molasses are not considered to be significant food or feed 
commodities. In addition, the Agency proposed tolerance revocation for 
peanut, hulls (shells), which was revoked in the Federal Register of 
December 17, 1997 (62 FR 66020) (FRL-5753-1). No significant comments 
were received concerning glyphosate (61 FR 33469). Therefore, EPA is 
revoking those three tolerances in 40 CFR 180.364 for glyphosate 
residues in or on cotton, forage; cotton, hay; and citrus molasses.
    The linuron RED was completed in March, 1995. In the Federal 
Register on June 26, 1996 (61 FR 33054) (FRL-5368-7), EPA proposed to 
revoke the tolerances in 40 CFR 180.184 for barley, grain; barley, hay; 
barley, straw; corn, pop, fodder; corn, pop, forage; oats, forage; 
oats, grain; oats, hay; oats, straw; rye, forage; rye, grain; rye, hay; 
and rye, straw. These uses are no longer registered, and, as discussed 
above, it is the Agency's policy to revoke tolerances in such cases. 
The tolerance for parsnips, tops, was also proposed for revocation, 
since it is not considered to be a significant food or feed commodity. 
No significant comments were received concerning linuron (61 FR 33054). 
Therefore, EPA is revoking those 14 tolerances in 40 CFR 180.184.
    In the case of mevinphos, on June 30, 1994, Amvac Chemical 
Corporation submitted a request for voluntary cancellation when EPA was 
prepared to issue a Notice of Intent to Suspend all mevinphos 
registrations because of acute poisoning incidents involving 
agricultural workers. EPA accepted this request. All U.S. registrations 
for the insecticide mevinphos were canceled on July 1, 1994. The Agency 
subsequently published a Notice of Receipt of Request for Cancellation, 
Announcement of Cancellation Order, and FIFRA section 6(g) Notification 
for Mevinphos in the Federal Register on August 1, 1994 (59 FR 38973). 
The Cancellation Order was subsequently modified on January 13, 1995 to 
extend the sale and distribution from December 30, 1994 to November 30, 
1995, and to extend use from February 28, 1995 to November 30, 1995 (60 
FR 17357, April 5, 1995) (FRL-4943-4). EPA proposed to revoke all 
tolerances for the insecticide mevinphos on August 2, 1995 (60 FR 
39302) (FRL-4967-1), proposing the effective date of revocation as May 
31, 1996.
     The following comments were received by the Agency in response to 
the documents published in the Federal Register of March 20, 1996 (61 
FR 11359) for fenbutatin oxide and of August 2, 1995 (60 FR 39302) for 
mevinphos.

A. Fenbutatin oxide

     Comment from DuPont Agricultural Products. A comment was received 
from DuPont requesting that EPA consider a revision to the hexakis 
(fenbutatin oxide) tolerance on citrus, dried citrus pulp, and citrus 
oil. DuPont claimed that new data supports a tolerance of 4 ppm on 
citrus, 20 ppm on citrus pulp, and 28 ppm on citrus oil.
     Agency response. Since an FQPA reassessment will need to be made, 
the Agency will not revise tolerances for fenbutatin oxide in this 
document. EPA will address the issue of tolerance revision for citrus, 
citrus pulp, and citrus oil through the tolerance petition process. The 
Agency is revoking the tolerances for ``marigolds, fresh'' in 40 CFR 
180.362 and for ``marigolds (dried and extract)'' in Sec. 186.3550.

B. Mevinphos

    1. Comments from the Farmworker Justice Fund, Inc. and from the 
United Farmworkers of America. These groups supported revocation of 
mevinphos tolerances, and supported an earlier effective date of the 
tolerance revocations.
    2. Comments from Rogers Foods Chili Products, from Cal-Compack 
Foods, and from Basic Vegetable Products. EPA received comments which 
requested a delay in the revocation of the mevinphos tolerance for 
dehydrated parsley to May 31, 1997.
    3. Comment from the Association of Fruit and Vegetable Processors 
and Exporters in General, A.C. EPA received a request that the 
tolerances for mevinphos use on broccoli and cauliflower not be 
revoked.
    4. Comments from Amvac Chemical Corporation. Comments were received 
from Weinberg, Bergeson, and Neuman

[[Page 41820]]

on behalf of the manufacturer of mevinphos, Amvac Chemical Corporation. 
Weinberg, Bergeson, and Neuman in comments dated September 28, 1995 and 
October 16, 1995, outlined issues that concerned Amvac Chemical 
Corporation regarding the revocation of the mevinphos tolerances. EPA 
also received several follow-up comments from Amvac Chemical 
Corporation requesting the retention of certain tolerances to allow 
importation of mevinphos treated food. In a meeting with EPA on 
September 26, 1995, and in the letter of September 28, 1995, Amvac 
Chemical Corporation committed to support tolerances with data for 13 
commodities imported into the United States. This was detailed in 
follow-up letters of October 16, 1995 and March 20, 1996, and revised 
on June 7, 1996 to include support for an import tolerance concerning 
cauliflower. In a follow-up communication of July 6, 1999, Amvac 
Chemical Corporation clarified its position and expressed agreement 
with EPA that, with the exception of broccoli, cabbage, cauliflower, 
celery, cucumbers, grapes, lettuce, melons, peppers, peas (succulent), 
spinach, summer squash, strawberries, tomatoes, and watermelon, the 
other mevinphos tolerances should be revoked. Amvac suggested that 
current residue data supports the combination of the two existing 
watermelon and melons tolerances into a single tolerance for the entire 
melon group as the raw agricultural commodity of 0.5 ppm.
    Agency response. On September 26, 1995, Amvac made a commitment to 
generate data for 13 tolerances and any additional uses that they 
intend to support. In fact, Amvac revised its commitment on June 7, 
1996, to include cauliflower as an import tolerance. On July 6, 1999, 
Amvac clarified its position to maintain the watermelon tolerance in 
combination with melons, but not to maintain the peavines tolerance. 
Therefore, EPA will not revoke the tolerances in 40 CFR 180.157 for 
mevinphos use on broccoli; cabbage; cauliflower; celery; cucumbers; 
grapes; lettuce; melons (incl. cantaloupes, honeydew mellon, and 
muskmelon, determined on the edible portion with rind removed); peas; 
peppers; spinach; squash, summer; strawberries; tomatoes, and 
watermelon at this time. EPA will follow-up to see that data 
requirements are met. When the submitted data has been reviewed, EPA 
will re-evaluate these tolerances under FQPA. The suggestion to combine 
the two watermelon and melons tolerances into a single tolerance will 
be considered, but not addressed at this time. In general, the Agency's 
goal is to harmonize U.S. tolerances with Codex Maximum Residue Limits 
(MRLs) and would consider the data used for establishing MRLs. However, 
the Agency needs representative data covering all major growing areas 
that mevinphos treated commodities are likely to be imported from into 
the United States. EPA has developed guidance on import tolerances that 
is available to interested persons.
    EPA is revoking the tolerances in Sec. 180.157 for alfalfa; apples; 
artichokes; beans; beets, garden (incl. tops); birdsfoot trefoil, 
forage; birdsfoot trefoil, hay; Brussel sprouts; carrots; cherries; 
chicory, red (tops) (also known as radicchio); citrus; clover; 
collards; corn, field, forage; corn, grain, field; corn, pop, forage; 
corn, pop, grain; corn, sweet (K+CWHR); corn, sweet, forage; eggplant; 
kale; mustard greens; okra; onions (green); parsley; peaches; pears; 
peavines; plums; potatoes; raspberries; sorghum, forage; sorghum, 
grain; turnips; turnips, tops; walnuts (determined on the nut meats 
with shell removed); and watercress; and the tolerance in Sec. 180.524 
for dehydrated parsley. In the case of dehydrated parsley, 2 years have 
passed since the requested delay date. Therefore, the requested delay 
is no longer an issue.

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 to ensure that all 
affected parties receive notice of EPA's actions. Consequently, the 
effective date is November 1, 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 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 October 1, 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

[[Page 41821]]

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 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 the Office of Management and Budget (OMB) 
a description of the extent of EPA's prior consultation with 
representatives of affected State, local, and tribal governments, the 
nature of their concerns, copies of any written communications from the 
governments, and a statement supporting the need to issue the 
regulation. In addition, Executive Order 12875 requires EPA to develop 
an effective process permitting elected officials and other 
representatives of State, local, and tribal governments ``to provide 
meaningful and timely input in the development of regulatory proposals 
containing significant unfunded mandates.''
    Today's 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

[[Page 41822]]

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 MRLs in setting U.S. tolerances and in reassessing them. MRLs are 
established by the Codex Committee on Pesticide Residues, a committee 
within the Codex Alimentarius Commission, an international organization 
formed to promote the coordination of international food standards. 
When possible, EPA seeks to harmonize U.S. tolerances with Codex MRLs. 
EPA may establish a tolerance that is different from a Codex MRL; 
however, FFDCA section 408(b)(4) requires that EPA explain in a Federal 
Register document the reasons for departing from the Codex level. EPA's 
effort to harmonize with Codex MRLs is summarized in the tolerance 
reassessment section of individual REDs. The U.S. EPA 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. 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 record 
keeping requirements.

 40 CFR Part 186

    Environmental protection, Animal feeds, Pesticides and pests.

    Dated: July 28, 1999.

Jack E. Housenger,

Acting Director, Special Review and Reregistration Division, Office of 
Pesticide Programs.
    Therefore, 40 CFR parts 180 and 186 are amended as follows:

PART 180--[Amended]

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

    b. Section 180.157 is revised to read as follows:


Sec. 180.157   Methyl 3-[(dimethoxyphosphinyl) oxy]butenoate, alpha and 
beta isomers; tolerances for residues.

    (a) General. Tolerances are established for residues of the 
insecticide methyl 3-[(dimethoxyphosphinyl)oxy]butenoate, alpha and 
beta isomers, in or on the following raw agricultural commodities:

------------------------------------------------------------------------
                                                              Parts per
                         Commodity                             million
------------------------------------------------------------------------
Broccoli...................................................          1.0
Cabbage....................................................          1.0
Cauliflower................................................          1.0
Celery.....................................................          1.0
Cucumbers..................................................          0.2
Grapes.....................................................          0.5
Lettuce....................................................          0.5
Melons (incl. cantaloupes, honeydew mellon, and muskmelon,           0.5
 determined on the edible portion with rind removed).......
Peas.......................................................         0.25
Peppers....................................................         0.25
Spinach....................................................          1.0
Squash, summer.............................................         0.25
Strawberries...............................................          1.0
Tomatoes...................................................          0.2
Watermelon.................................................          0.5
------------------------------------------------------------------------

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

Sec. 180.184 [Amended]

    c. Section 180.184 is revised to read as follows:


Sec. 180.184   Linuron; tolerances for residues.

     (a) General. Tolerances are established for residues of the 
herbicide linuron (3-(3,4-dichlorophenyl)-1-methoxy-1-methylurea) in or 
on the following food commodities:

------------------------------------------------------------------------
                                                              Parts per
                         Commodity                             million
------------------------------------------------------------------------
Asparagus..................................................          7.0
Carrots....................................................            1
Cattle, fat................................................            1
Cattle, mbyp...............................................            1
Cattle, meat...............................................            1
Celery.....................................................          0.5
Corn, field, fodder........................................            1
Corn, field, forage........................................            1
Corn, fresh (inc. sweet K+CWHR)............................         0.25
Corn, grain (inc. pop).....................................         0.25
Corn, sweet, fodder........................................            1
Corn, sweet, forage........................................            1
Cottonseed.................................................         0.25
Goats, fat.................................................            1
Goats, mbyp................................................            1
Goats, meat................................................            1
Hogs, fat..................................................            1
Hogs, mbyp.................................................            1
Hogs, meat.................................................            1
Horses, fat................................................            1
Horses, mbyp...............................................            1
Horses, meat...............................................            1
Parsnips (with or without tops)............................          0.5
Potatoes...................................................            1
Sheep, fat.................................................            1
Sheep, mbyp................................................            1
Sheep, meat................................................            1
Sorghum, fodder............................................            1
Sorghum, forage............................................            1
Sorghum, grain (milo)......................................         0.25
Soybeans, (dry or succulent)...............................            1
Soybeans, forage...........................................            1
Soybeans, hay..............................................            1
Wheat, forage..............................................          0.5
Wheat, grain...............................................         0.25
Wheat, hay.................................................          0.5
Wheat, straw...............................................          0.5
------------------------------------------------------------------------

    (b) Section 18 emergency exemptions. [Reserved]
     (c) Tolerances with regional registrations. Tolerances with 
regional registration, as defined in Sec. 180.1(n), are established for 
residues of the herbicide linuron 3-(3,4-dichlorophenyl)-1-methoxy-1-
methylurea] in or on the following food commodity:

------------------------------------------------------------------------
                                                              Parts per
                         Commodity                             million
------------------------------------------------------------------------
Parsley....................................................         0.25
------------------------------------------------------------------------

    (d) Indirect or inadvertent residues. [Reserved]

Sec. 180.362 [Amended]

    d. By adding a paragraph heading to paragraph (a).
    e. By redesignating paragraph (b) as paragraph (c), adding a 
paragraph heading to newly designated paragraph (c), and by removing 
from the table in newly designated paragraph (c) the entry for 
``marigolds, fresh''.

[[Page 41823]]

    f. By adding and reserving with paragraph headings new paragraphs 
(b) and (d).
    The additions to Sec. 180.362 read as follows:


Sec. 180.362   Hexakis (2-methyl-2-phenylpropyl)distannoxane;tolerances 
for residues.

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

Sec. 180.364 [Amended]

    g. In Sec. 180.364, in the table to paragraph (a)(1) remove the 
entries for ``citrus molasses''; ``cotton, forage''; and ``cotton, 
hay''.

Sec. 180.524 [Removed]

    h. By removing Sec. 180.524.

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. 186.3550   [Amended]

    b. In Sec. 186.3550, by removing paragraph (b).

[FR Doc. 99-19785 Filed 7-30-99; 8:45 am]
BILLING CODE 6560-50-F