[Federal Register Volume 65, Number 107 (Friday, June 2, 2000)]
[Proposed Rules]
[Pages 35307-35312]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-13311]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 180

[OPP-300976; FRL-6491-9]
RIN 2070-AB78


Methyl Parathion; Notice of Proposed Tolerance Revocations and 
Channels of Trade Provision Guidance

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: This document proposes to revoke the tolerances for the 
insecticide methyl parathion on the following commodities: apples, 
artichokes, beets (greens alone), beets (with or without tops), 
birdsfoot trefoil forage, birdsfoot trefoil hay, broccoli, Brussels 
sprouts, carrots, cauliflower, celery, cherries, collards, grapes, 
kale, lentils, kohlrabi, lettuce, mustard greens, nectarines, peaches, 
pears, plums (fresh prunes), rutabagas (with or without tops), rutabaga 
tops, spinach, tomatoes, turnips (with or without tops), turnip greens, 
vegetables leafy Brassica (cole), and vetch. Additionally, EPA proposes 
to amend the following tolerances: beans (amend to beans, dried), peas 
(amend to peas, dried) so that methyl parathion is not used on 
succulent beans and peas. Note that methyl parathion may still be used 
on lentils; however, residues on lentils are covered by the tolerance 
for peas, dried. Foods legally treated with methyl parathion may 
continue to be marketed under the provisions of the Federal Food, Drug, 
and Cosmetic Act (FFDCA). 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 FFDCA. By law, EPA is 
required to reassess 66% of the tolerances in existence on August 2, 
1996, by August 2002, or about 6,400 tolerances. These tolerances were 
established under section 408 of the FFDCA, 21 U.S.C. 346a. EPA is 
proposing to revoke these tolerances because the Agency has canceled 
the pesticide registrations under FIFRA, 7 U.S.C. 136 et seq., 
associated with them. EPA encourages you to comment on the tolerance 
revocations and on the proposed time frame for tolerance revocation.
    The Food and Drug Administration (FDA) in a related notice 
published elsewhere in this issue of the Federal Register is announcing 
the availability of a proposed guidance document presenting FDA's 
policy on its planned enforcement approach for foods containing methyl 
parathion residues. This guidance will assist firms in understanding 
the types of showing under 408(1)(5) of the FFDCA (hereinafter referred 
to as the ``channels of trade provision'') that FDA may find 
satisfactory in accordance with its planned enforcement approach for 
such section. EPA and FDA are cooperating on this effort. FDA will be 
asking for comment on this proposed guidance and EPA also encourages 
you to comment on this guidance.

DATES: Comments, identified by the docket control number [OPP-300976], 
must be received on or before August 1, 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 
proposed rule. Be sure to identify docket number OPP-300976.

FOR FURTHER INFORMATION CONTACT: Laura Parsons, Special Review and 
Reregistration Division (7508C), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., 
Washington, DC 20460. Office location: CM #2, 6th floor, 1921 Jefferson 
Davis Hwy., Arlington, VA, telephone: (703) 305-5776; e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does This Action Apply to Me?

    You may be affected by this action if you sell, distribute, 
manufacture, or use pesticides for agricultural applications, process 
food, distribute or sell food, or implement governmental pesticide 
regulations. Potentially affected categories and entities may include, 
but are not limited to the following:

[[Page 35308]]



------------------------------------------------------------------------
                                               Examples of potentially
       Categories            NAICS codes          affected entities
------------------------------------------------------------------------
Industry                 111                 Crop production
                         112                 Animal production
                         311                 Food manufacturing
                         32532               Pesticide manufacturing
------------------------------------------------------------------------
Agricultural                                 Growers/Agricultural
 Stakeholders                                 Workers, Contractors
                                              (Certified/Commercial
                                              Applicators, Handlers,
                                              Advisors, etc.),
                                              Commercial Processors,
                                              Pesticide Manufacturers,
                                              User Groups, Food
                                              Consumers
------------------------------------------------------------------------
Food Distributors                            Wholesale Contractors,
                                              Retail Vendors, Commercial
                                              Traders/Importers
------------------------------------------------------------------------
Inter governmental                           State, Local, and/or Tribal
 Stakeholders                                 Government Agencies
------------------------------------------------------------------------
Foreign Entities                             Governments, Growers, Trade
                                              Groups, Exporters
------------------------------------------------------------------------

    This listing is not exhaustive, but is a guide to entities likely 
to be affected 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 under FOR FURTHER INFORMATION CONTACT.

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-300976. 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-300976 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-300976. 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 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. General

    In August 1999, the methyl parathion registrants submitted requests 
to voluntarily cancel registration of products containing methyl 
parathion for certain uses as the result of an agreement reached 
between EPA and

[[Page 35309]]

the registrants. Given the risks associated with use of methyl 
parathion under the existing terms and conditions of use, EPA granted 
the requests for voluntary cancellation. In the Federal Register of 
October 27, 1999 (64 FR 57877) (FRL-6387-8), EPA published a notice 
announcing the cancellation of all methyl parathion uses on fruits and 
most uses on vegetables. The notice of voluntary cancellation, the date 
of allowable use, and the intent to revoke the methyl parathion 
tolerances were widely publicized. The U.S. Department of Agriculture 
(USDA) sent notification to our trading partners through the World 
Trade Organization notification procedures. EPA also notified the 
regulatory authorities in over 145 countries as per FIFRA 17(b). For 
the canceled crops, use of existing stocks of methyl parathion was 
allowed until December 31, 1999.
    On August 2, 1999, the EPA Administrator stated that while the 
current food supply is safe, the cancellation of certain uses of methyl 
parathion makes the food supply safer. This action is part of EPA's 
overall effort to reduce risks to the food supply under the 
Congressional mandate imposed by the Food Quality Protection Act 
(FQPA).

B. What Action Is The Agency Taking?

    After consultation with FDA, USDA and stakeholders, EPA is 
proposing to revoke the tolerances for the insecticide methyl parathion 
on the following commodities: apples, artichokes, beets (greens alone), 
beets (with or without tops), birdsfoot trefoil forage, birdsfoot 
trefoil hay, broccoli, Brussels sprouts, carrots, cauliflower, celery, 
cherries, collards, grapes, kale, kohlrabi, lentils, lettuce, mustard 
greens, nectarines, peaches, pears, plums (fresh prunes), rutabagas 
(with or without tops), rutabaga tops, spinach, tomatoes, turnips (with 
or without tops), turnip greens, vegetables leafy Brassica (cole), and 
vetch. Additionally, EPA proposes to amend the following tolerances: 
beans (amend to beans, dried), peas (amend to peas, dried) so that 
methyl parathion is not used on succulent beans and peas. Note that 
methyl parathion may still be used on lentils; however, residues on 
lentils are covered by the tolerance for peas, dried, and therefore, 
the tolerance on lentils is proposed for revocation because it is 
unnecessary.

C. Why Is This Action Being Proposed?

    Under FFDCA section 408(l)(2), if EPA cancels each FIFRA 
registration for the use of a pesticide on a food ``due in whole or in 
part to dietary risks to humans posed by residues of that pesticide 
chemical on food,'' EPA is required to revoke any tolerance or 
exemption that in connection with the canceled use allows residues of 
the pesticide on food. This provision imposes a mandatory duty on EPA. 
Once EPA cancels a FIFRA use due to dietary risks, EPA must revoke the 
associated tolerances and exemptions. Under 408(l)(5), foods legally 
treated prior to the use cancellation may continue to be marketed.
    On August 2, 1999, EPA completed a refined risk assessment of 
methyl parathion as part of the tolerance reassessment program under 
section 408(q) of the FFDCA. This dietary risk assessment was based on 
residues of methyl parathion detected in some foods from USDA's 
Pesticide Data Program which monitors for pesticides in certain foods 
at the distribution points just before release to supermarkets and 
grocery stores. The assessment was conducted applying an additional 10-
fold safety factor to increase the margin of safety as mandated by 
FQPA. That refined risk assessment showed acute dietary risks from 
methyl parathion in food above the EPA's level of concern (Revised 
Human Health Risk Assessment for Methyl Parathion, August 1999). The 
registrants' request for cancellation was in response to potential 
Agency action to revoke the tolerances and cancel the registrations 
because of dietary risk, and thus the cancellation action was ``due in 
whole or part to dietary risks to humans posed by residues of that 
pesticide chemical on food.'' Accordingly, under section 408(l)(2), the 
above-described tolerances must be revoked.
    On October 27, 1999, EPA published a notice in the Federal Register 
(64 FR 57877) announcing the cancellation of multiple FIFRA registered 
uses including those commodities for which tolerance revocation has 
been proposed in the document.
    Although this cancellation notice was requested by the methyl 
parathion registrants, the cancellation closely followed, and in EPA's 
view, was precipitated by EPA's determination that aggregate exposure 
to methyl parathion exceeded the revised, more stringent safety 
standard under the FQPA.

D. 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. 346a, 
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. Without a tolerance or exemption, food containing 
pesticide residues is considered to be unsafe and therefore 
``adulterated'' under section 402(a) of the FFDCA. 21 U.S.C. 342(a). 
FFDCA section 301 prohibits, among other things, introduction or 
delivery for introduction into interstate commerce of any adulterated 
food. 21 U.S.C. 331(a). For a food-use pesticide to be sold and 
distributed, the pesticide 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 may have tolerances for residues of 
such pesticides in or on commodities imported into the United States.
    Monitoring and enforcement of pesticide tolerances and exemptions 
are carried out by the FDA and the USDA. This includes monitoring for 
pesticide residues in or on commodities imported into the United 
States.

E. When Do These Actions Become Effective?

    Under FFDCA section 408(l)(2), revocations required by that 
provision must take place not later than 180 days after the date such 
cancellation takes effect or the date on which the use of the canceled 
pesticide becomes unlawful under the terms of the cancellation, 
whichever is later. The date for the cancellation of the FIFRA 
registrations for the affected methyl parathion uses is October 27, 
1999. Use of methyl parathion on the affected crops became unlawful on 
December 31, 1999.
    EPA intends to finalize this action as quickly as possible after 
consideration of comments. The tolerance revocation is proposed to be 
effective on the date of final publication.

F. Will Food Treated Prior to the Last Lawful Date of Application Be 
Permitted to Clear the Channels of Trade?

    Any commodities listed in the regulatory text of this document that 
are treated with the methyl parathion, and that are in the channels of 
trade following the tolerance revocations, shall be subject to FFDCA 
section 408(l)(5), as established by the FQPA. Under this section, any 
residue of methyl parathion in or on such commodities shall not render 
the commodities adulterated so long as it is shown to the satisfaction 
of FDA that:

[[Page 35310]]

    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.
    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. The channels of trade 
provision allows for the orderly marketing of foods that may currently 
contain legal residues resulting from lawful applications of methyl 
parathion.
    Use of methyl parathion as to the canceled uses became unlawful 
under FIFRA on December 31, 1999, the last date on which use of 
existing stocks was permitted. Although application of methyl parathion 
outside the United States is outside the scope of the limitation on use 
of existing stocks and thus is not per se prohibited after December 31, 
1999, EPA considers commodities with residues resulting from 
application outside the U.S. after that date not to be subject to the 
channels of trade provision in 408(l)(5). Therefore, both domestic and 
foreign commodities treated subsequent to December 31, 1999, would not 
be 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 thus, would not 
comply with the channels of trade provision.
    FDA is announcing, elsewhere in this issue of the Federal Register, 
the availability of proposed guidance document on how it plans to 
enforce FFDCA section 408(l)(5) for both domestic and imported 
commodities. FDA will invite comment on this draft guidance before 
issuing any final guidance. EPA encourages all interested parties to 
comment on FDA's draft guidance.

G. May Interested Persons Comment on This Proposal?

    Yes. EPA is requesting comment on this proposal. In particular, EPA 
requests comment on the following issues:
    1. Under FQPA, EPA indentified dietary risk from certain uses of 
methyl parathion. In light of this risk, the methyl parathion 
registrants proposed voluntary cancellation of certain uses under the 
August 2, 1999 Memorandum of Agreement. EPA interprets 408(l)(2) of the 
FFDCA which calls for tolerance revocation within 180 days of final use 
to apply to both cancellations effected through FIFRA 6(f) (voluntary 
action by a registrant) and those effected through FIFRA 6(b) (an 
Agency initiated cancellation action). The Agency seeks comment on the 
application of 408(l)(2) to voluntarily initiated cancellations.
    2. Are there any alternate approaches within the legal confines of 
the FFDCA for avoiding any potential problems to commerce or trade 
caused by revocation of these tolerances subject to the channels of 
trade provision?
    3. EPA is also providing the opportunity to comment on the methyl 
parathion registrants requests to cancel various methyl parathion uses. 
See Unit IV.

H. What Can I Do If I Wish the Agency to Maintain a Tolerance That the 
Agency Is Proposing to Revoke?

    Given the language of section 408(l)(2) and the dietary risks posed 
by these uses and tolerances for methyl parathion, EPA does not believe 
that these tolerances can be maintained in compliance with FFDCA. 
However, any person may petition EPA to establish new tolerances. 
Petitioners should consult EPA regulations and guidance on the 
necessary data and information to support tolerance petitions.

I. 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 April 
25, 2000, EPA has assessed over 3,471 tolerances. This document 
proposes to revoke 30 methyl parathion tolerances; however, 27 of these 
30 tolerances are expressed as parathion which may be either ethyl 
parathion or methyl parathion and 3 of the 30 tolerances are methyl 
parathion alone. Therefore, 3 tolerances will be counted among 
reassessments made toward the August 2002 review deadline of FFDCA 
section 408(q), as amended by FQPA in 1996.

III. Are the Proposed Actions Consistent 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. In addition, EPA is proposing to revoke these tolerances because 
it received voluntary requests to cancel the related methyl parathion 
registrations which was precipitated by EPA's risk assessment showing 
dietary risks from methyl parathion.
    EPA is working to ensure that the U.S. tolerance reassessment 
program under FQPA does not disrupt international trade. EPA considers 
Codex Maximum Residue Limits (MRLs) in setting U.S. tolerances and in 
reassessing them. MRLs are established by the Codex Committee on 
Pesticide Residues, a committee within the Codex 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. The U.S. EPA has developed guidance concerning 
submissions for import tolerance support. This guidance will be made 
available to interested persons.

IV. Request for Comment on the Request for Cancellation of the 
Methyl Parathion Registrations

    In a Memorandum of Agreement effective August 2, 1999, all 
registrants of products containing methyl parathion agreed to request 
cancellation of their registrations for use of methyl parathion on all 
fruits, many vegetables, and all non-food and non-feed uses. Those 
requests for cancellation were received shortly thereafter, and EPA 
published a notice in the Federal Register announcing those requests 
and accepting them (64 FR 57877). That notice informed the public of 
how it could comment on the request for cancellation but also stated 
that EPA was waiving the comment period and approving the cancellation 
request upon the date of publication of the notice.
    Several parties have filed an action against the Agency claiming 
that EPA unlawfully did not allow comment on the request for 
cancellation of methyl parathion. Actually, EPA provided several 
opportunities for comment concerning methyl parathion. Comments on the 
risk assessment were provided by several parties. After considering 
these comments and reaching agreement with the methyl parathion 
registrants, EPA released its revised risk assessment of methyl 
parathion to the public on August 3, 1999. A small number of comments 
were received on this revised assessment which did not alter the risk 
conclusions. Additionally, no comments were submitted on the Federal 
Register notice announcing receipt and acceptance of the cancellation 
requests.
    Nonetheless, to assure that all affected parties have an 
opportunity to comment on the methyl parathion cancellations,

[[Page 35311]]

EPA is allowing further comments on the registrants' requests for 
cancellation of the above-referenced methyl parathion uses. Although 
these cancellation requests have already been accepted, such comments 
would still be relevant to Agency decision making. First, such comments 
may influence EPA regarding whether it is appropriate to press forward 
with the proposed tolerance revocation. If it can be shown that EPA 
erred in accepting these cancellation requests, EPA will need to 
consider whether revocation of associated tolerances is the proper 
course. Second, EPA believes that one of the primary purposes of the 
comment period on cancellation requests is to allow other parties to 
come forward and seek a registration for the affected pesticide. That 
opportunity still exists and any interested party can so notify EPA by 
filing a registration application. EPA would note, however, that such 
applicant would have to overcome the risk concerns that EPA has 
identified regarding methyl parathion.

V. How Do the Regulatory Assessment Requirements Apply to This 
Proposed Action?

    This action is proposing to 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 proposed 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).

List of Subjects in 40 CFR Part 180

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

    Dated: May 19, 2000.
Jack E. Housenger,
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 continues to read as 
follows:

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

    2. Section 180.121 is revised to read as follows:


Sec. 180.121  Parathion or its methyl homolog; tolerances for residues.

    (a) General. (1) Tolerances are established for residues of the 
insecticide parathion (O,O-Diethyl-O-p-nitrophenyl thiophosphate) or 
its methyl homolog in or on the following raw agricultural commodities:

------------------------------------------------------------------------
                                                             Parts per
                        Commodity                             million
------------------------------------------------------------------------
Alfalfa (fresh)..........................................          1.25
Alfalfa (hay)............................................          5
Almonds..................................................          0.1
Almond hulls.............................................          3
Apricots.................................................          1
Avocados.................................................          1
Barley...................................................          1
Beans, dried.............................................          1
Beets, sugar.............................................          0.1
Beets, sugar, (tops).....................................          0.1
Blackberries.............................................          1
Blueberries (huckleberries)..............................          1
Boysenberries............................................          1
Cabbage..................................................          1
Clover...................................................          1
Corn.....................................................          1
Corn, forage.............................................          1
Cotton, seed.............................................          0.75
Cranberries..............................................          1
Cucumbers................................................          1
Currants.................................................          1
Dates....................................................          1
Dewberries...............................................          1
Eggplants................................................          1
Endive (escarole)........................................          1
Figs.....................................................          1
Filberts.................................................          0.1
Garlic...................................................          1
Gooseberries.............................................          1
Grass (forage)...........................................          1
Guavas...................................................          1
Hops.....................................................          1
Mangos...................................................          1
Melons...................................................          1
Mustard seed.............................................          0.2
Oats.....................................................          1
Okra.....................................................          1
Olives...................................................          1
Onions...................................................          1
Parsnips (with or without tops)..........................          1
Parsnip greens (alone)...................................          1
Peanuts..................................................          1
Peas, dried..............................................          1
Pea, forage..............................................          1
Pecans...................................................          0.1
Peppers..................................................          1

[[Page 35312]]

 
Pineapples...............................................          1
Potatoes.................................................          0.1
Pumpkins.................................................          1
Quinces..................................................          1
Radish (with or without tops)............................          1
Radish (tops)............................................          1
Rape, seed...............................................          0.2
Raspberries..............................................          1
Rice.....................................................          1
Safflower seed...........................................          0.1
Sorghum..................................................          0.1
Sorghum, fodder..........................................          3
Sorghum forage...........................................          3
Soybeans.................................................          0.1
Soybean hay..............................................          1
Squash...................................................          1
Strawberries.............................................          1
Summer squash............................................          1
Sunflower seed...........................................          0.2
Sweet potatoes...........................................          0.1
Swiss chard..............................................          1
Walnuts..................................................          0.1
Wheat....................................................          1
Youngberries.............................................          1
------------------------------------------------------------------------

    (2) Tolerances are established for residues of the insecticide 
parathion (O,O-Dimethyl-O-p-nitrophenyl thiophosphate) the methyl 
homolog of parathion in or on the following raw agricultural 
commodities:

------------------------------------------------------------------------
                                                              Parts per
                         Commodity                             million
------------------------------------------------------------------------
Guar beans.................................................          0.2
Parsley....................................................          1
------------------------------------------------------------------------

    (3) Tolerances are established for residues of the insecticide 
parathion (O,O-Dimethyl-O-p-nitrophenyl thiophosphate) (ethyl 
parathion) in or on the following raw agricultural commodities:

------------------------------------------------------------------------
                                                              Parts per
                         Commodity                             million
------------------------------------------------------------------------
Apples.....................................................          1
Artichokes.................................................          1
Beet greens (alone)........................................          1
Beets (with or without tops)...............................          1
Broccoli...................................................          1
Brussels sprouts...........................................          1
Carrots....................................................          1
Cauliflower................................................          1
Celery.....................................................          1
Cherries...................................................          1
Collards...................................................          1
Grapes.....................................................          1
Kale.......................................................          1
Kohlrabi...................................................          1
Lettuce....................................................          1
Mustard greens.............................................          1
Nectarines.................................................          1
Peaches....................................................          1
Pears......................................................          1
Plums (fresh prunes).......................................          1
Rutabagas (with or without tops)...........................          1
Rutabaga tops..............................................          1
Spinach....................................................          1
Tomatoes...................................................          1
Turnips (with or without tops).............................          1
Turnip greens..............................................          1
Vetch......................................................          1
------------------------------------------------------------------------

    (b) Section 18 emergency exemptions. [Reserved]
    (c) Tolerances with regional registrations. [Reserved]
    (d) Indirect or inadvertent residues. [Reserved]
    (e) Revoked tolerances subject to the channel of trade provisions. 
The following table lists commodities for which methyl parathion use 
was unlawful after December 31, 1999, and the revoked tolerances. 
Commodities with residues of methyl parathion resulting from lawful use 
are subject to the channels of trade provisions of section 408(1)(5) of 
the FFDCA.

------------------------------------------------------------------------
                                                             Parts per
                        Commodity                             million
------------------------------------------------------------------------
Apples...................................................          1
Artichokes...............................................          1
Beet greens (alone)......................................          1
Beets (with or without tops).............................          1
Birdsfoot trefoil (forage)...............................          1.25
Birdsfoot trefoil (hay)..................................          5
Broccoli.................................................          1
Brussels sprouts.........................................          1
Carrots..................................................          1
Cauliflower..............................................          1
Celery...................................................          1
Cherries.................................................          1
Collards.................................................          1
Grapes...................................................          1
Kale.....................................................          1
Kohlrabi.................................................          1
Lettuce..................................................          1
Mustard greens...........................................          1
Nectarines...............................................          1
Peaches..................................................          1
Pears....................................................          1
Plums (fresh prunes).....................................          1
Rutabagas (with or without tops).........................          1
Rutabaga tops............................................          1
Spinach..................................................          1
Tomatoes.................................................          1
Turnips (with or without tops)...........................          1
Turnip greens............................................          1
Vegetables leafy Brassica (cole).........................          1
Vetch....................................................          1
------------------------------------------------------------------------

[FR Doc. 00-13311 Filed 6-1-00; 8:45 am]
BILLING CODE 6560-50-F