[Federal Register Volume 67, Number 101 (Friday, May 24, 2002)]
[Rules and Regulations]
[Pages 36534-36539]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-12973]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[OPP-2002-0030; FRL-6834-8]
RIN 2070-AC18


Pesticides; Tolerance Exemptions for Minimal Risk Active and 
Inert Ingredients

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: EPA is adding a new section which lists the pesticide 
chemicals that are exempted from the requirement of a tolerance based 
on the Agency's determination that these chemicals are of ``minimal 
risk.'' The pesticide chemicals listed in the new section include both 
active and inert ingredients. Development of the new section will be 
accomplished over time in a multi-step process. As the first step, the 
existing tolerance exemptions for commonly consumed food commodities, 
animal feed items, and edible fats and oils are recodified in the newly 
created section, albeit in a different format. This new format provides 
greater clarification in defining a minimal risk pesticide chemical as 
well as increasing the number of substances that are currently 
considered to be minimal risk.
    With the creation of the new section, the existing tolerance 
exemptions (in other sections of the CFR) for these chemical substances 
are no longer necessary. Therefore, this document revokes the tolerance 
exemptions for 40 inert ingredients. The Agency is acting on its own 
initiative.

DATES: This final rule is effective on May 24, 2002. Objections and 
requests for hearings, identified by docket ID number OPP-2002-0030, 
must be received on or before July 23, 2002.

ADDRESSES: Written objections and hearing requests may be submitted by 
mail, electronically, or in person. Please follow the detailed 
instructions for each method as provided in Unit III. of the 
SUPPLEMENTARY INFORMATION. To ensure proper receipt by EPA, your 
objections and hearing requests must identify docket ID number OPP-
2002-0030 in the subject line on the first page of your response.

FOR FURTHER INFORMATION CONTACT: Kathryn Boyle, Registration Division 
(7505C), Office of Pesticide Programs, Environmental Protection Agency, 
1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone number: 
(703) 305-6304; fax number: (703) 305-0599; 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 formulate or 
market pesticide products. Potentially affected

[[Page 36535]]

categories and entities may include, but are not limited to:

------------------------------------------------------------------------
                                                         Examples of
           Categories                NAICS codes         potentially
                                                      affected entities
------------------------------------------------------------------------
Industry                         111                 Crop production
                                 112...............  Animal production
                                 311...............  Food manufacturing
                                 32532.............  Pesticide
                                                      manufacturing
------------------------------------------------------------------------
Producers                        32561               Antimicrobial
                                                      pesticides
------------------------------------------------------------------------


    This listing is not intended to be exhaustive, but rather provides 
a guide for readers regarding entities likely to be affected by this 
action. Other types of entities not listed in this table could also be 
affected. The North American Industrial Classification System (NAICS) 
codes are provided to assist you and others in determining whether or 
not this action might apply to certain entities. 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,'' ``Regulations and Proposed Rules,'' 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/. A frequently updated electronic 
version of 40 CFR part 180 is available at http://www.access.gpo.gov/nara/cfr/cfrhtml_00/Title_40/40cfr180_00.html, a beta site currently 
under development.
    2. In person. The Agency has established an official record for 
this action under docket ID number OPP-2002-0030. 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.

II. Background

A. What Action is the Agency Taking?

    In the Federal Register of January 15, 2002 (67 FR 1925) (FRL-6807-
8), EPA issued a proposal pursuant to FFDCA section 408, 21 U.S.C. 
346a, as amended by FQPA (Public Law 104-170) to amend 40 CFR by 
creating a new paragraph (g) in 40 CFR 180.1001. This new paragraph 
would contain a listing of pesticide chemicals that are considered to 
be of minimal risk. No comments were received at the OPP docket in 
response to this proposed rule. However, the Agency did receive three 
e-mails requesting additional information on the Agency's proposed 
action. Discussions with these individuals indicated support for the 
Agency's proposal but some confusion on language used to describe the 
excluded substances. The confusion resulted from the placement of the 
language describing the excluded substances, not the language itself. 
Based on the need for additional clarification, the Agency moved this 
language which provided greater clarity.
    However, since publication of the proposed rule the Agency has 
determined instead to create a new section, 40 CFR 180.950, to hold 
these tolerance exemptions.
    Based on the reasons set forth in the preamble to the proposed 
rule, EPA is creating a new section in 40 CFR part 180, subpart D. All 
commonly consumed food items and all animal feed items with the 
exception of the exclusions discussed in this document, are exempt from 
the requirement of a tolerance under the newly established 40 CFR 
180.950.
    The following 40 tolerance exemptions are revoked:
    1. In 40 CFR 180.1001 (c): Almond shells; apple pomace; citrus 
meal; cocoa shells; coconut oil; corn cobs; corn meal; corn oil; 
cornstarch; corn syrup; cottonseed oil; dextrose; fish oil; grape 
pomace, dried; lard; lactose; molasses; oatmeal; oats; orange pomace; 
peanut shells; rice bran; soybean oil; starch (potato, tapioca, and 
wheat); and sucrose.
    2. In 40 CFR 180.1001 (d): Cinnamon; clove; coffee; corn; corn 
gluten meal, hydrolyzed; fenugreek; low erucic acid rapeseed oil, 
conforming to 21 CFR 184.1555(c) (CAS Reg. No. none); oat hulls; wheat; 
and wheat flour.
    3. In 40 CFR 180.1001 (e): Corn syrup; dextrose, and sucrose.
    4. Also, 40 CFR 180.1164 and 180.1194 are revoked.
    However, only 39 can be counted toward tolerance reassessment.
    The Agency is placing expiration dates on nine existing tolerance 
exemptions for known allergen-containing food commodities. At this 
time, the Agency cannot consolidate the overlapping and duplicative 
tolerance exemptions for allergen-containing commodities that currently 
exist in 40 CFR part 180.
    These regulatory actions are part of the tolerance reassessment 
requirements of the FFDCA section 408(q), as amended by FQPA. 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 
regulatory actions, the reassessment of 39 tolerance exemptions, would 
be counted toward the August 2002 deadline.

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

    This final rule is issued under FFDCA section 408, 21 U.S.C. 346a, 
as amended by FQPA (Public Law 104-170). Section 408(e) of FFDCA 
authorizes EPA to establish, modify, or revoke tolerances, or 
exemptions from the requirement of a tolerance for residues of 
pesticide chemicals in or on raw agricultural commodities and processed 
foods.

[[Page 36536]]

III. Objections and Hearing Requests

    Under section 408(g) of the FFDCA, as amended by the FQPA, any 
person may file an objection to any aspect of this regulation and may 
also request a hearing on those objections. The EPA procedural 
regulations which govern the submission of objections and requests for 
hearings appear in 40 CFR part 178. Although the procedures in those 
regulations require some modification to reflect the amendments made to 
FFDCA by the FQPA of 1996, EPA will continue to use those procedures, 
with appropriate adjustments, until the necessary modifications can be 
made. The new FFDCA section 408(g) provides essentially the same 
process for persons to ``object'' to a regulation for an exemption from 
the requirement of a tolerance issued by EPA under new FFDCA section 
408(d), as was provided in the old FFDCA sections 408 and 409. However, 
the period for filing objections is now 60 days, rather than 30 days.

A. What Do I Need to Do to File an Objection or Request a Hearing?

    You must file your objection or request a hearing on this 
regulation in accordance with the instructions provided in this unit 
and in 40 CFR part 178. To ensure proper receipt by EPA, you must 
identify docket ID number OPP-2002-0030 in the subject line on the 
first page of your submission. All requests must be in writing, and 
must be mailed or delivered to the Hearing Clerk on or before July 23, 
2002.
    1. Filing the request. Your objection must specify the specific 
provisions in the regulation that you object to, and the grounds for 
the objections (40 CFR 178.25). If a hearing is requested, the 
objections must include a statement of the factual issues(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 (40 CFR 178.27). 
Information submitted in connection with an objection or hearing 
request may be claimed 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. A copy of the 
information that does not contain CBI must be submitted for inclusion 
in the public record. Information not marked confidential may be 
disclosed publicly by EPA without prior notice.
    Mail your written request to: Office of the Hearing Clerk (1900), 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460. You may also deliver your request to the Office 
of the Hearing Clerk in Rm. C400, Waterside Mall, 401 M St., SW., 
Washington, DC 20460. The Office of the Hearing Clerk is open from 8 
a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The 
telephone number for the Office of the Hearing Clerk is (202) 260-4865.
    2. Tolerance fee payment. If you file an objection or request a 
hearing, you must also pay the fee prescribed by 40 CFR 180.33(i) or 
request a waiver of that fee pursuant to 40 CFR 180.33(m). You must 
mail the fee to: EPA Headquarters Accounting Operations Branch, Office 
of Pesticide Programs, P.O. Box 360277M, Pittsburgh, PA 15251. Please 
identify the fee submission by labeling it ``Tolerance Petition Fees.''
    EPA is authorized to waive any fee requirement ``when in the 
judgement of the Administrator such a waiver or refund is equitable and 
not contrary to the purpose of this subsection.'' For additional 
information regarding the waiver of these fees, you may contact James 
Tompkins by phone at (703) 305-5697, by e-mail at [email protected], 
or by mailing a request for information to Mr. Tompkins at Registration 
Division (7505C), Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
    If you would like to request a waiver of the tolerance objection 
fees, you must mail your request for such a waiver to: James Hollins, 
Information Resources and Services Division (7502C), Office of 
Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania 
Ave., NW., Washington, DC 20460.
    3. Copies for the Docket. In addition to filing an objection or 
hearing request with the Hearing Clerk as described in Unit VI.A., you 
should also send a copy of your request to the PIRIB for its inclusion 
in the official record that is described in Unit I.B.2. Mail your 
copies, identified by docket ID number OPP-2002-0030 to: Public 
Information and Records Integrity Branch, Information Resources and 
Services Division (7502C), Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460. 
In person or by courier, bring a copy to the location of the PIRIB 
described in Unit I.B.2. You may also send an electronic copy of your 
request via e-mail to: [email protected]. Please use an ASCII file 
format and avoid the use of special characters and any form of 
encryption. Copies of electronic objections and hearing requests will 
also be accepted on disks in WordPerfect 6.1/8.0 or ASCII file format. 
Do not include any CBI in your electronic copy. You may also submit an 
electronic copy of your request at many Federal Depository Libraries.

B. When Will the Agency Grant a Request for a Hearing?

    A request for a hearing will be granted if the Administrator 
determines that the material submitted shows the following: There is a 
genuine and substantial issue of fact; 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; and resolution of the factual issues(s) in the manner sought 
by the requestor would be adequate to justify the action requested (40 
CFR 178.32).

IV. Regulatory Assessment Requirements

    The Agency is acting on its own initiative under FFDCA section 
408(e) in revoking these 40 tolerance exemptions and in establishing a 
new section in 40 CFR part 180, subpart D. Under Executive Order 12866 
entitled, Regulatory Planning and Review (58 FR 51735, October 4, 
1993), this action is not a ``significant regulatory action'' subject 
to review by the Office of Management and Budget (OMB). Because this 
final rule has been exempted from review under Executive Order 12866 
due to its lack of significance, this final rule is not subject to 
Executive Order 13211, entitled Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use (66 FR 28355, 
May 22, 2001). This final rule 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 special considerations under Executive Order 12898, 
entitled Federal Actions to Address Environmental Justice in Minority 
Populations and Low-Income Populations (59 FR 7629, February 16, 1994); 
or 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).

[[Page 36537]]

    This final rule simply establishes a new section in 40 CFR part 
180, subpart D that contains a list of minimal risk pesticide 
chemicals. Under section 605(b) of the Regulatory Flexibility Act (RFA) 
(5 U.S.C. 601 et seq.), the Agency hereby certifies that reorganizing 
40 CFR part 180 does not have significant negative economic impact on a 
substantial number of small entities. Creating a new section does not 
have a substantive effect and hence causes no impact.
    This final rule places expiration dates on nine existing tolerance 
exemptions for various known allergen-containing food commodities. 
Currently, the Agency's regulatory approach as written in various CFR 
paragraphs and sections is inconsistent. This 3-year transition period 
will allow sufficient time to examine the uses of these food 
commodities, and discuss product re-formulation with affected 
registrants. At the completion of this process there will be a single 
consistent approach for all food commodities used as pesticide 
chemicals.
    This final rule also revokes 40 tolerance exemptions, including:
    1. Revoking duplicative and overlapping tolerance exemptions for 
commonly consumed (non-allergen) food commodities.
    2. Revoking and consolidating the existing tolerance exemptions for 
animal feed items.
Further the final rule allows the use of additional minimal risk animal 
feed items not previously exempted for use in pesticide products, and 
establishes a tolerance exemption for the use of edible oils derived 
from allergens since the available information indicates that the use 
of these oils is not of concern.
    Pursuant to the RFA, the Agency hereby certifies that establishing 
new tolerance exemptions for edible oils derived from allergens and 
animal feed items not previously exempted does not have significant 
negative economic impact on a substantial number of small entities. By 
contrast, the amendments and revisions that expand tolerance exemptions 
are beneficial to the regulated community by increasing the number of 
minimal risk inert ingredients for use in pesticide formulations.
    Pursuant to the RFA, the Agency previously assessed whether 
revocations of tolerances or tolerance exemptions for pesticide 
products no longer in use in the United States 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. This analysis was 
published on December 17, 1997 (62 FR 66020) (FRL-5753-1), and was 
provided to the Chief Counsel for Advocacy of the Small Business 
Administration. Taking into account this analysis, the available 
information concerning the pesticide chemicals listed in this final 
rule, the transition time for the known allergen containing commodities 
and considering that all of the revoked tolerance exemptions are 
covered in the established 40 CFR 180.950, the Agency certifies that 
this action does not have a significant economic impact on a 
substantial number of small entities. Furthermore, the Agency knows of 
no extraordinary circumstances that exist that change EPA's previous 
analysis.
    In addition, the Agency has determined that this action does 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 final 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). For these same reasons, the Agency has 
determined that this final rule does not have any ``tribal 
implications'' as described in Executive Order 13175, entitled 
Consultation and Coordination with Indian Tribal Governments (65 FR 
67249, November 6, 2000). Executive Order 13175, requires EPA to 
develop an accountable process to ensure ``meaningful and timely input 
by tribal officials in the development of regulatory policies that have 
tribal implications.'' ``Policies that have tribal implications'' is 
defined in the Executive order to include regulations that have 
``substantial direct effects on one or more Indian tribes, on the 
relationship between the Federal government and the Indian tribes, or 
on the distribution of power and responsibilities between the Federal 
government and Indian tribes.'' This final rule does not have 
substantial direct effects on tribal governments, on the relationship 
between the Federal government and Indian tribes, or on the 
distribution of power and responsibilities between the Federal 
government and Indian tribes, as specified in Executive Order 13175. 
Thus, Executive Order 13175 does not apply to this final rule.

V. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the Agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and 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 rule is not a 
``major rule''as defined by 5 U.S.C. 804(2).

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 14, 2002.
Marcia E. Mulkey,
Director, Office of Pesticide Programs.

    Therefore, 40 CFR chapter I is amended as follows:

PART 180--[AMENDED]

    1. The authority citation for part 180 continues to readas follows:

    Authority: 21 U.S.C. 321(q), 346(a) and 374.


    2. A new [sect] 180.950 is added to read as follows:


[sect] 180.950  Tolerance exemptions for minimal risk active and inert 
ingredients.

    Unless specifically excluded, residues resulting from the use of 
the following substances as either an inert or an active ingredient in 
a pesticide chemical formulation, including antimicrobial pesticide 
chemicals, are exempted from the requirement of a tolerance under

[[Page 36538]]

FFDCA section 408, if such use is in accordance with good agricultural 
or manufacturing practices.
    (a) Commonly consumed food commodities. Commonly consumed food 
commodities means foods that are commonly consumed for their nutrient 
properties. The term commonly consumed food commodities shall only 
apply to food commodities (whether a raw agricultural commodity or a 
processed commodity) in the form the commodity is sold or distributed 
to the public for consumption.
    (1) Included within the term commonly consumed food commodities 
are:
    (i) Sugars such as sucrose, lactose, dextrose and fructose, and 
invert sugar and syrup.
    (ii) Spices such as cinnamon, cloves, and red pepper.
    (iii) Herbs such as basil, anise, or fenugreek.
    (2) Excluded from the term commonly consumed food commodities are:
    (i) Any food commodity that is adulterated under 21 U.S.C. 342.
    (ii) Both the raw and processed forms of peanuts, tree nuts, milk, 
soybeans, eggs, fish, crustacea, and wheat.
    (iii) Alcoholic beverages.
    (iv) Dietary supplements.
    (b) Animal feed items. Animal feed items means meat meal and all 
items derived from field crops that are fed to livestock excluding both 
the raw and processed forms of peanuts, tree nuts, milk, soybeans, 
eggs, fish, crustacea, and wheat. Meat meal is an animal feed composed 
of dried animal fat and protein that has been sterilized. Other than 
meat meal, the term animal feed item does not extend to any item 
designed to be fed to animals that contains, to any extent, components 
of animals. Included within the term animal feed items are:
    (1) The hulls and shells of the commodities specified in paragraph 
(a)(2)(ii) of this section, and cocoa beans.
    (2) Bird feed such as canary seed.
    (3) Any feed component of a medicated feed meeting the definition 
of an animal feed item.
    (c) Edible fats and oils. Edible fats and oils means all edible 
(food or feed) fats and oils, derived from either plants or animals, 
whether or not commonly consumed, including products derived from 
hydrogenating (food or feed) oils, or liquefying (food or feed) fats.
    (1) Included within the term edible fats and oils are oils (such as 
soybean oil) that are derived from the commodities specified in 
paragraph (a)(2)(ii) of this section when such oils are highly refined 
via a solvent extraction procedure.
    (2) Excluded from the term edible fats and oils are plant oils used 
in the pesticide chemical formulation specifically to impart their 
characteristic fragrance and/or flavoring.

    3. Section 180.1001 is amended as follows:
    (a) In the table in paragraph (c) remove the entries for: Almond 
shells; apple pomace; citrus meal; cocoa shells; coconut oil; corn 
cobs; corn meal; corn oil; cornstarch; corn syrup; cottonseed oil; 
dextrose; fish oil; grape pomace, dried; lard; lactose; molasses; 
oatmeal; oats; orange pomace; peanut shells; rice bran; soybean oil; 
starch (potato, tapioca, and wheat); and sucrose.
    (b) In the table in paragraph (d) remove the entries for: Cinnamon; 
clove; coffee; corn; corn gluten meal, hydrolyzed; fenugreek; low 
erucic acid rapeseed oil, conforming to 21 CFR 184.1555(c) (CAS Reg. 
No. None); oat hulls; wheat; and wheat flour.
    (c) In the table in paragraph (e) remove the entries for: Corn 
syrup; dextrose, and sucrose.

    4. Section 180.1001 is further amended by:
    (a) Revising the following entries in the tables to paragraphs (c), 
(d), and (e) and
    (b) Adding the entry ``wheat, including flour, bran, and starch'' 
to the table in paragraph (c).


[sect] 180.1001  Exemptions from the requirement of a tolerance.

* * * * *
    (c) * * *

------------------------------------------------------------------------
       Inert ingredients                Limits                Uses
------------------------------------------------------------------------
                              * * * * * * *
Casein........................  Expires May 24, 2005.  Surfactant,
                                                        emulsifier,
                                                        wetting agent
                              * * * * * * *
Fish meal.....................  Expires May 24, 2005.  Solid diluent,
                                                        carrier
                              * * * * * * *
Soy protein, isolated.........  Expires May 24, 2005.  Adhesive
Soybean flour.................  Expires May 24, 2005.  Surfactant
                              * * * * * * *
Wheat, including flour, bran,   Expires May 24, 2005.  Solid diluent
 and starch.                                            carrier,
                                                        attractant
                              * * * * * * *
------------------------------------------------------------------------

    (d) * * *

------------------------------------------------------------------------
       Inert ingredients                Limits                Uses
------------------------------------------------------------------------
                              * * * * * * *
Sodium caseinate..............  Expires May 24, 2005.  Suspending agent
                                                        and binder
                              * * * * * * *
------------------------------------------------------------------------

    (e) * * *

------------------------------------------------------------------------
       Inert ingredients                Limits                Uses
------------------------------------------------------------------------
                              * * * * * * *
Soy protein, isolated.........  Expires May 24, 2005.  Adhesive
                              * * * * * * *
Wheat shorts..................  Expires May 24, 2005.  Solid diluent
                              * * * * * * *
------------------------------------------------------------------------


[[Page 36539]]


    5. Section 180.1071 is revised to read as follows:


[sect] 180.1071  Egg solids (whole); time-limited exemption from the 
requirement of a tolerance.

    A time-limited tolerance exemption expiring May 24, 2005, is 
established for residues of whole egg solids (of at least feed grade 
quality) when used as an animal repellent in or on almonds and applied 
to the growing crop in accordance with good agricultural practices.


[sect] 180.1164  [Removed]

    6. Section 180.1164 is removed.


[sect] 180.1194  [Removed]

    7. Section 180.1194 is removed.

[FR Doc. 02-12973 Filed 5-23-02; 8:45 am]
BILLING CODE 6560-50-S