[Federal Register Volume 64, Number 245 (Wednesday, December 22, 1999)]
[Proposed Rules]
[Pages 71708-71712]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-33161]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[OPP-300959; FRL-6399-6]

RIN 2070-AB78


Azinphos-Methyl; Proposed Revocation and Lowering of Certain 
Tolerances; Tolerance Actions

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

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SUMMARY: This document proposes to revise the tolerances for azinphos-
methyl by revoking certain tolerances and modifying certain other 
tolerances for residues of the insectide azinphos-methyl (40 CFR 
180.154). This proposed revision is in compliance with a Memorandum of 
Understanding between the EPA and registrants of azinphos-methyl. The 
regulatory actions proposed in this document are part of the Agency's 
reregistration program under the Federal Insecticide, Fungicide, and 
Rodenticide Act (FIFRA), and the tolerance reassessment requirements of 
the Federal Food, Drug, and Cosmetic Act (FFDCA).
DATES: Comments, identified by docket control number OPP-300959, must 
be received on or February 22, 2000.
ADDRESSES: Comments may be submitted by mail, electronically, or in 
person. Please follow the detailed instructions for each method as 
provided in Unit I. of the ``SUPPLEMENTARY INFORMATION'' section of 
this document. To ensure proper receipt by EPA, it is imperative that 
you identify docket control number OPP-300959 in the subject line on 
the first page of your response.
FOR FURTHER INFORMATION CONTACT: Barry O'Keefe, Special Review and 
Reregistration Division (7508C), Office of Pesticide Programs, 
Environmental Protection Agency, 401 M St., SW., Washington, DC 20460; 
telephone number: 703-308-8035; fax number: 703-308-8041; e-mail 
address: [email protected].
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

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

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

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

    1. Electronically. You may obtain electronic copies of this 
document, and certain other related documents that might be available 
electronically, from the EPA Internet Home Page at http://www.epa.gov/. 
To access this document, on the Home Page select ``Laws and 
Regulations'' and then look up the entry for this document under the 
``Federal Register--Environmental Documents.'' You can also go directly 
to the Federal Register listings at http://www.epa.gov/fedrgstr/.
    2. In person. The Agency has established an official record for 
this action under docket control number OPP-300959. The official record 
consists of the documents specifically referenced in this action, any 
public comments received during an applicable comment period, and other 
information related to this action, including any information claimed 
as Confidential Business Information (CBI). This official record 
includes the documents that are physically located in the docket, as 
well as the documents that are referenced in those documents. The 
public version of the official record does not include any information 
claimed as CBI. The public version of the official record, which 
includes printed, paper versions of any electronic comments submitted 
during an applicable comment period, is available for inspection in the 
Public Information and Records Integrity Branch (PIRIB), Rm. 119, 
Crystal Mall #2, 1921 Jefferson Davis Hwy., Arlington, VA, from 8:30 
a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The 
PIRIB telephone number is (703) 305-5805.

C. How and to Whom Do I Submit Comments?

    You may submit comments through the mail, in person, or 
electronically. To ensure proper receipt by EPA, it is imperative that 
you identify docket control number OPP-300959 in the subject line on 
the first page of your response.
    1. By mail. Submit your comments to: Public Information and Records 
Integrity Branch (PIRIB), Information Resources and Services Division 
(7502C), Office of Pesticide Programs (OPP), Environmental Protection 
Agency, 401 M St., SW., Washington, DC 20460.
    2. In person or by courier. Deliver your comments to: Public 
Information and Records Integrity Branch (PIRIB), Information Resources 
and Services Division (7502C), Office of Pesticide Programs (OPP), 
Environmental Protection Agency, Rm. 119, Crystal Mall #2, 1921 
Jefferson Davis Hwy., Arlington, VA. The PIRIB is open from 8:30 a.m. 
to 4 p.m., Monday through Friday, excluding legal holidays. The PIRIB 
telephone number is (703) 305-5805.
    3. Electronically. You may submit your comments electronically by 
e-mail to: ``[email protected],'' or you can submit a computer disk as 
described above. Do not submit any information electronically that you 
consider to be CBI. Avoid the use of special characters and any form of 
encryption. Electronic submissions will be accepted in WordPerfect 6.1/
8.0 or ASCII file format. All comments in electronic form must be 
identified by docket control number OPP-300959. Electronic comments may 
also be filed online at many Federal Depository Libraries.

D. How Should I Handle CBI that I Want to Submit to the Agency?

    Do not submit any information electronically that you consider to 
be

[[Page 71709]]

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

E. What Should I Consider as I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your 
comments:
    1. Explain your views as clearly as possible.
    2. Describe any assumptions that you used.
    3. Provide copies of any technical information and/or data you used 
that support your views.
    4. If you estimate potential burden or costs, explain how you 
arrived at the estimate that you provide.
    5. Provide specific examples to illustrate your concerns.
    6. Offer alternative ways to improve the proposed rule or 
collection activity.
    7. Make sure to submit your comments by the deadline in this 
document.
    8. To ensure proper receipt by EPA, be sure to identify the docket 
control number assigned to this action in the subject line on the first 
page of your response. You may also provide the name, date, and Federal 
Register citation.

II. Background

A. What Action is the Agency Taking?

    In accordance with a Memorandum of Agreement (MOA) of August 2, 
1999, between registrants and EPA, the EPA is proposing to revoke and 
to modify certain tolerances for residues of the insecticide azinphos-
methyl in 40 CFR 180.154. In particular, the EPA is proposing to revoke 
the tolerance on sugarcane, with a revocation/expiration date of June 
30, 2000, since by agreement this use has been deleted from active 
labels, because of surface water vulnerability and to prevent 
unreasonable risks to wildlife and contamination of water. EPA is 
setting the revocation/expiration date of June 30, 2000, in order to 
allow time for existing stocks in the hands of users to be used. The 
Agency believes that once cancellation of this use occurs, residues of 
azinphos-methyl will likely be nondetectable in all sugarcane 
commodities shortly after harvest. The MOA states that azinphos-methyl 
manufacturing-use products may not be reformulated for use on 
sugarcane, and end-use product labels intended for use in the 2000 
growing season shall not have sugarcane listed as a use site in the 
directions for use section.
    In the MOA, the registrants agreed to submit a petition requesting 
specific tolerance modifications to be effective January 1, 2000. Such 
a petition has been received by the Agency. Therefore, EPA is proposing 
to lower tolerances found in 40 CFR 180.154 for residues of the 
insecticide azinphos-methyl in or on apples, crabapples, pears, and 
quinces, each from 2.0 parts per million (ppm) to 1.5 ppm, in or on 
cranberries from 2.0 ppm to 0.5 ppm, and in or on grapes from 5.0 ppm 
to 4.0 ppm. The Agency intends to make these modifications effective 
upon publication of the final rule. These reductions in tolerances are 
based on the most recent data that more accurately reflect recent label 
changes and residue levels that are likely to be detected. 
Additionally, monitoring data for the years 1993-1998 indicate that the 
new lower tolerances are not likely to be exceeded. These data 
represent residues resulting from the use pattern allowed under old 
labels which allowed higher amounts of use than reflected in recent 
label changes. Little use of the older labeled products should be 
reflected in residues of commodities in the channels of trade.
    In addition, this document also proposes to revoke tolerances found 
in 40 CFR 180.154 for residues of azinphos-methyl in or on commodities 
for which there are no registered uses; including: apricots; 
artichokes; barley, grain; barley, straw; beans (dry); gooseberries; 
grass, pasture (green); grass, pasture, hay; kiwifruit; oats, grain; 
oats, straw; peas, black-eyed; rye, grain; rye, straw; soybeans; wheat, 
grain; and wheat, straw. Additionally, in 40 CFR 180.154(b), the 
tolerance for pomegranates is proposed to be revoked, because there is 
no registered use. These revocations are for uses that have not been on 
active labels since January 1999. Additionally, the Agency believes 
that azinphos-methyl had not been used on these crops for some time. 
Consequently, no treated commodities covered by these tolerances are 
expected to be in the channels of trade. The Agency intends to make 
these modifications effective upon publication of the final rule.
    This document also proposes to remove 40 CFR 180.531, and to revoke 
the three tolerances found in this section for residues of azinphos-
methyl; which are as follows:
    (1) Sugarcane bagasse, since this commodity is not considered a 
significant livestock feed item.
    (2) Citrus pulp, dried, since an adequate orange processing study 
did not show concentration in dried orange pulp (in accordance with 
FFDCA section 408(a)(2), since residues in the processed food will not 
exceed the raw food tolerance).
    (3) Soybean oil, since there are no active registrations with 
soybeans on the label.
    Changes in commodity terminology and definitions are proposed to 
conform to current Agency practice. These proposed changes are in 
accordance with the revised Crop Group Regulation (40 CFR 180.41) and 
the updated Table I ``Raw Agricultural and Processed Commodities and 
Feedstuffs Derived from Crops'' (August, 1996) in the Residue Chemistry 
Test Guidelines: OPPTS 860.1000 (EPA 721-C-96-169). Table I contains 
data on both crops and livestock diets, and lists feed commodities 
considered significant in livestock diets. Significant feedstuffs 
account for more than 99 percent of the available annual tonnage (on a 
dry-matter basis) of feedstuffs used in the domestic production of more 
than 95 percent of beef and dairy cattle, poultry, swine, milk, and 
eggs. The EPA has devised criteria to include or exclude feedstuffs 
from Table I and set tolerances for significant feedstuffs. Tolerances 
are not set for feedstuffs which are neither significant nor a human 
food. Pesticide residues on such feedstuffs are governed by tolerances 
on the commodity from which they are derived (62 FR 66020, December 17, 
1997) (FRL-5753-1). These changes relate only to nomenclature and have 
no effect on the scope of the tolerance. The specific commodity 
terminology name changes proposed are listed in the following table:

------------------------------------------------------------------------
            Old Commodity Name                   New Commodity Name
------------------------------------------------------------------------
Almonds...................................   Almond
Almonds, hulls............................   Almond, hulls
Apples....................................   Apple
Beans, snap...............................   Bean, snap
Blackberries..............................   Blackberry
Blueberries...............................   Blueberry
Boysenberries.............................   Boysenberry
Cherries..................................  Cherry

[[Page 71710]]

 
Citrus fruits.............................   Fruit, citrus, group
Crabapples................................   Crabapple
Cranberries...............................   Cranberry
Cucumbers.................................   Cucumber
Eggplants.................................   Eggplant
Filberts..................................   Filbert
Grapes....................................   Grape
Loganberries..............................   Loganberry
Melons (honeydew, muskmelon, cantaloupe,     Melon
 watermelon, and other melons).
Nuts, pistachio...........................   Pistachio
Onions....................................   Onion
Parsley, leaves...........................   Parsley, leaf
Parsley, roots............................   Parsley, root
Peaches...................................   Peach
Pears.....................................   Pear
Pecans....................................   Pecan
Peppers...................................   Pepper
Plums (fresh prunes)......................   Plum, prune
Potatoes..................................   Potato
Quinces...................................   Quince
Raspberries...............................   Raspberry
Strawberries..............................   Strawberry
Tomatoes (PRE- and POST-H)................   Tomato
Walnuts...................................   Walnut
------------------------------------------------------------------------

    Since the available data indicate that finite residues of azinphos-
methyl are not expected in animal tissues or milk, in accordance with 
40 CFR 180.6(a)(3) EPA is proposing to revoke tolerances found in 40 
CFR 180.154 for cattle, fat; cattle, mbyp; cattle, meat; goat, fat; 
goat, mbyp; goat, meat; horse, fat; horse, mbyp; horse, meat; sheep, 
fat; sheep, mbyp; and sheep, meat; and in 40 CFR 180.154a, the 
tolerance for milk. This proposal to revoke these 13 meat, milk, 
poultry and egg (MMPE) tolerances implements the Agency findings 
announced in the August 2, 1999 FR Notice (64 FR 41933) (FRL-6097-3) 
that, under 40 CFR 180.6 there is no reasonable expectation of finite 
residues for azinphos-methyl on the MMPE commodities and, therefore, 
these tolerances were considered reassessed and could be revoked, 
because they are not needed. These findings are based on feeding 
studies that used exaggerated amounts of azinphos-methyl (up to 11 
times the dietary burden) and measurable residues still were not found. 
These studies were submitted after the tolerances were originally 
established.
    This document also proposes to revoke the tolerance found in 40 CFR 
180.154 for residues of azinphos-methyl in or on nectarines, in 
accordance with 40 CFR 180.1(h), since the tolerance on peaches covers 
nectarines.
    This document also proposes to lower tolerances found in 40 CFR 
180.154 for residues of azinphos-methyl in or on almond and potato, 
each from 0.3 to 0.2 ppm, and in or on almond hulls from 10.3 to 5.0 
ppm, since the available data indicate that these tolerances can be 
lowered to achieve compatibility with the corresponding Codex maximum 
residue limits (MRLs). These reductions in tolerances are based on the 
most recent data that more accurately reflect residue levels that are 
likely to be detected.
    It is EPA's general practice to propose revocation of those 
tolerances for residues of pesticide active ingredients on crop uses 
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 expects to determine whether any 
individuals or groups want to comment on these tolerance modifications. 
The regulatory actions proposed in this document are part of the 
Agency's reregistration program under the Federal Insecticide, 
Fungicide, and Rodenticide Act (FIFRA), and the tolerance reassessment 
requirements of the Federal Food, Drug, and Cosmetic Act (FFDCA).

B. What is the Agency's Authority for Taking this Action?

    A ``tolerance'' represents the maximum level for residues of 
pesticide chemicals legally allowed in or on raw agricultural 
commodities and processed foods. Section 408 of FFDCA, 21 U.S.C. 301 et 
seq., as amended by the FQPA of 1996, Public Law 104-170, authorizes 
the establishment of tolerances, exemptions from tolerance 
requirements, modifications in tolerances, and revocation of tolerances 
for residues of pesticide chemicals in or on raw agricultural 
commodities and processed foods. 21 U.S.C. 346(a). Without a tolerance 
or exemption, food containing pesticide residues is considered to be 
unsafe and therefore ``adulterated'' under section 402(a) of the FFDCA. 
If food containing pesticide residues is considered to be 
``adulterated,'' you may not distribute the product in interstate 
commerce (21 U.S.C. 331(a) and 342(a). For a food-use pesticide to be 
sold and distributed, the pesticide must not only have appropriate 
tolerances under the FFDCA, but also must be registered under section 
3, section 5, or section 18 of FIFRA (7 U.S.C. et seq.). Food-use 
pesticides not registered in the United States have tolerances for 
residues of pesticides in or on commodities imported into the United 
States.
    It is EPA's general practice to propose revocation of tolerances 
for residues of pesticide active ingredients on crop uses for which 
FIFRA registrations no longer exist. EPA has historically been 
concerned that retention of tolerances that are not necessary to cover 
residues in or on legally treated foods may encourage misuse of 
pesticides within the United States. Nonetheless, EPA will establish 
and maintain tolerances even when corresponding domestic uses are 
canceled if the tolerances, which EPA refers to as ``import 
tolerances,'' are necessary to allow importation into the United States 
of food containing such pesticide residues. However, where there are no 
imported commodities that require these import tolerances, the Agency 
believes it is appropriate to revoke tolerances for unregistered 
pesticides in order to prevent potential misuse.
    Furthermore, as a general matter, the Agency believes that 
retention of tolerances not needed to cover any imported food may 
result in unnecessary restriction on trade of pesticides and foods. 
Under section 408 of the FFDCA, a tolerance may only be established or 
maintained if EPA determines that the tolerance is safe based on a 
number of factors, including an assessment of the aggregate exposure to 
the pesticide and of the cumulative effects of such pesticide and other 
substances that have a common mechanism of toxicity. In doing so, EPA 
must consider potential contributions to such exposure from all 
tolerances. If the cumulative risk is such that the tolerances in 
aggregate are not safe, then every one of these tolerances is 
potentially vulnerable to revocation. Furthermore, if unneeded 
tolerances are included in the aggregate and cumulative risk 
assessments, the estimated exposure to the pesticide would be inflated. 
Consequently, it may be more difficult for others to obtain needed 
tolerances or to register needed new uses. To avoid these trade-
restricting situations, the Agency is proposing to revoke tolerances 
for residues on crops for which FIFRA registrations no longer exist, 
unless someone expresses a need for such tolerances. Through this 
proposed rule, the Agency is inviting individuals who need these import 
tolerances to identify themselves and the tolerances that are needed to 
cover imported commodities.
    Parties interested in retention of the tolerances should be aware 
that additional data may be needed to support retention. These parties 
should be aware that, under FFDCA section 408(f), if the Agency 
determines that additional information is reasonably

[[Page 71711]]

required to support the continuation of a tolerance, EPA may require 
that parties interested in maintaining the tolerances provide the 
necessary information. If the requisite information is not submitted, 
EPA may issue an order revoking the tolerances at issue.
    Under section 408(d) of the FFDCA, the Agency may issue a final or 
proposed regulation establishing, modifying, or revoking a tolerance in 
response to a petition filed with the Agency that proposes the issuance 
of such regulation. On August 2, 1999, EPA and the registrants holding 
Section 3 registrations for azinphos-methyl signed a Memorandum of 
Agreement (MOA), which specifically states that the registrants shall 
submit to EPA a petition requesting many of the tolerance modifications 
detailed in this proposal; i.e. lowering tolerances on apples, 
crabapples, cranberries, grapes, pears, and quinces, and revoking the 
tolerance on sugarcane. Such a petition has been received by the 
Agency, dated September 22, 1999. Thus, the Agency is authorized by 
section 408(d) of the FFDCA to issue a proposed regulation in response 
to that petition. The MOA was made to help mitigate acute dietary, 
agricultural worker, and environmental risks. During phase five of the 
Tolerance Reassessment Advisory Committee (TRAC) process, the Agency 
invited the registrants, and any other affected or interested parties, 
to submit to the Agency additional risk mitigation thoughts or 
measures, since the acute dietary risk estimates from the revised human 
health risk assessment remained above the Agency's level of concern. 
The revised human health risk assessment may be found at http://
www.epa.gov/pesticides/op. In addition to the MOA, EPA is also 
proposing the revocation or lowering of other tolerances, as well as 
changes in commodity nomenclature for various reasons as described in 
Unit II of this document.

 F. What Is the Contribution to Tolerance Reassessment?

    By law, EPA is required to reassess 66%, or about 6,400, of the 
tolerances in existence on August 2, 1996, by August 2002. EPA is also 
required to assess the remaining tolerances by August 2006. As of 
November 1, 1999, EPA has assessed over 3,400 tolerances. This document 
proposes to revoke 35 tolerances. Since 13 tolerances were previously 
counted as reassessed, 22 of the 35 revocations will be counted when 
the final rule is published. The 22 reassessments will be counted 
toward the August, 2002 review deadline of FFDCA section 408(q), as 
amended by the Food Quality Protection Act (FQPA) of 1996.

III. Regulatory Assessment Requirements

     This proposed rule will revoke tolerances established under FFDCA 
section 408. The Office of Management and Budget (OMB) has exempted 
this type of action, i.e., a tolerance revocation for which 
extraordinary circumstances do not exist, from review under Executive 
Order 12866, entitled Regulatory Planning and Review (58 FR 51735, 
October 4, 1993). This action does not contain any information 
collections subject to OMB approval under the Paperwork Reduction Act 
(PRA), 44 U.S.C. 3501 et seq., or impose any enforceable duty or 
contain any unfunded mandate as described under Title II of the 
Unfunded Mandates Reform Act of 1995 (UMRA) (Public Law 104-4). Nor 
does it require any prior consultation as specified by Executive Order 
13084, entitled Consultation and Coordination with Indian Tribal 
Governments (63 FR 27655, May 19,1998); special considerations as 
required by Executive Order 12898, entitled Federal Actions to Address 
Environmental Justice in Minority Populations and Low-Income 
Populations (59 FR 7629, February 16, 1994); or require OMB review or 
any Agency action under Executive Order 13045, entitled Protection of 
Children from Environmental Health Risks and Safety Risks (62 FR 19885, 
April 23, 1997). This 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). Pursuant to the Regulatory Flexibility Act (RFA) 
(5 U.S.C. 601 et seq.), the Agency previously assessed whether 
revocations of tolerances might significantly impact a substantial 
number of small entities and concluded that, as a general matter, these 
actions do not impose a significant economic impact on a substantial 
number of small entities. The factual basis and the Agency's 
certification under section 605(b) for tolerance revocations published 
on December 17, 1997 (62 FR 66020), and was provided to the Chief 
Counsel for Advocacy of the Small Business Administration. Since no 
extraordinary circumstances exist as to the present revocation that 
would change EPA's previous analysis, the Agency is able to reference 
the general certification. Any comments about the Agency's 
determination should be submitted to EPA along with comments on the 
proposal, and will be addressed prior to issuing a final rule.
    In addition, the Agency has determined that this action will not 
have a substantial direct effect on States, on the relationship between 
the national government and the States, or on the distribution of power 
and responsibilities among the various levels of government, as 
specified in Executive Order 13132, entitled Federalism (64 FR 43255, 
August 10, 1999). Executive Order 13132 requires EPA to develop an 
accountable process to ensure ``meaningful and timely input by State 
and local officials in the development of regulatory policies that have 
federalism implications.'' ``Policies that have federalism 
implications'' is defined in the Executive Order to include regulations 
that have ``substantial direct effects on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government.'' This rule directly regulates growers, food processors, 
food handlers and food retailers, not States. This action does not 
alter the relationships or distribution of power and responsibilities 
established by Congress in the preemption provisions of FFDCA section 
408(n)(4).

IV. Consistency with International Obligations

    The tolerance revocations in this proposal are not discriminatory 
and are designed to ensure that both domestically-produced and imported 
foods meet the food safety standards established by the FFDCA. The same 
food safety standards apply to domestically produced and imported 
foods.
    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. It 
is EPA's policy to harmonize U.S. tolerances with Codex MRLs to the 
extent possible, provided that the MRLs achieve the level of protection 
required under FFDCA. EPA's effort to harmonize with Codex MRLs is 
summarized in the tolerance reassessment section of individual 
Reregistration Eligibility Decision documents. EPA is developing 
guidance concerning submissions for import tolerance support. This 
guidance

[[Page 71712]]

will be made available to interested parties.
    Codex MRLs exist for the following tolerances proposed for 
revocation in this document, i.e. apricot at 2.0 ppm, cereal grains at 
0.2 ppm, kiwifruit at 4.0 ppm, and soy bean at 0.2 ppm. Notwithstanding 
the existence of these MRLs, EPA is proposing to revoke the tolerances 
because retention would increase the chances of misuse and may result 
in unnecessary restriction on trade of pesticides and foods as well as 
inhibiting the retention and approval of tolerances, as discussed in 
greater detail in Unit II.B., of this document.

List of Subjects in 40 CFR Part 180

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

    Dated: December 16, 1999.

Jack E. Housenger,

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

 PART 180--[AMENDED]

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

    2. By revising Sec. 180.154 to read as follows:


Sec. 180.154  O-Dimethyl S-[(4-oxo-1,2,3-benzotriazin-3(4H)-
yl)methyl]phosphorodithioate; tolerances for residues.

    (a) Tolerances are established for residues of the insecticide O,O-
dimethyl S-[(4-oxo-1,2,3-benzotriazin-3(4H)-yl) 
methyl]phosphorodithioate in or on the following food commodities:

------------------------------------------------------------------------
                                                             Expiration/
                   Commodity                     Parts per    Revocation
                                                  million        Date
------------------------------------------------------------------------
Alfalfa.......................................          2.0
Alfalfa, hay..................................          5.0
Almond........................................          0.2
Almond, hulls.................................          5.0
Apple.........................................          1.5
Bean, snap....................................          2.0
Birdfoot trefoil..............................          2.0
Birdfoot trefoil hay..........................          5.0
Blackberry....................................          2.0
Blueberry.....................................          5.0
Boysenberry...................................          2.0
Broccoli......................................          2.0
Brussels sprout...............................          2.0
Cabbage.......................................          2.0
Cauliflower...................................          2.0
Celery........................................          2.0
Cherry........................................          2.0
Fruit, citrus, group..........................          2.0
Clover........................................          2.0
Clover, hay...................................          5.0
Cottonseed....................................          0.5
Crabapple.....................................          2.0
Cranberry.....................................          0.5
Cucumber......................................          2.0
Eggplant......................................          0.3
Filbert.......................................          0.3
Grape.........................................          4.0
Loganberry....................................          2.0
Melon.........................................          2.0
Onion.........................................          2.0
Parsley, leaf.................................          5.0
Parsley, root.................................          2.0
Peach.........................................          2.0
Pear..........................................          1.5
Pecan.........................................          0.3
Pepper........................................          0.3
Pistachio.....................................          0.3
Plum, prune...................................          2.0
Potato........................................          0.2
Quince........................................          1.5
Raspberry.....................................          2.0
Spinach.......................................          2.0
Strawberry....................................          2.0
Sugarcane.....................................          0.3      6/30/00
Tomato........................................          2.0
Walnut........................................          0.3
------------------------------------------------------------------------

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

Secs. 180.154a and 180.531 [REMOVED]

    3. By removing Sec. 180.154a and Sec. 180.531.

[FR Doc. 99-33161 Filed 12-21-99; 8:45 am]
BILLING CODE 6560-50-F