Federal Register/Vol. 63, No. 206/Monday, October 26, 1998

Federal Register / Vol. 63, No. 206 / Monday, October 26, 1998 / Rules and Regulations 57067

§ 180.1001 Exemptions from the because EPA has canceled the food uses reqirement of a tolerance. associated with them. The regulatory * * * * * actions in this document are part of the Category Examples of Poten- (b) * * * Agency’s reregistration program under tially Affected Entities (1) The following copper compounds: the Federal Insecticide, Fungicide, and Bordeaux mixture, basic copper Rodenticide Act (FIFRA), and the Foreign Entities ...... Governments, Grow- ers, Trade Groups carbonate (malachite), copper tolerance reassessment requirements of hydroxide, copper-lime mixtures, the Federal Food, Drug, and Cosmetic copper linoleate, copper oleate, copper Act (FFDCA). By law, EPA is required This table is not intended to be oxychloride, copper octanoate, copper to reassess 33% of the tolerances in exhaustive, but rather provides a guide sulfate basic, copper sulfate existence on August 2, 1996, by August for readers regarding entities likely to be pentahydrate, cupric oxide, cuprous 1999, or about 3,200 tolerances. affected by this action. Other types of oxide. These compounds are used entities not listed in this table could DATES: This final rule becomes effective also be affected. If you have any primarily as fungicides. January 25, 1999. * * * * * questions regarding the applicability of FOR FURTHER INFORMATION CONTACT: For this action to a particular entity, you can §§ 180.1010, 180.1018, 180.1030, 180.1031, technical information contact: Joseph consult with the technical person listed 180.1034, 180.1055, 180.1059, 180.1061, Nevola, Special Review Branch, in the ‘‘FOR FURTHER INFORMATION 180.1079, 180.1081, and 180.1085 (7508C), Special Review and CONTACT’’ section. [Removed] Reregistration Division, Office of l. By removing §§ 180.1010, 180.1018, Pesticide Programs, U.S. Environmental II. How can I get additional information 180.1030, 180.1031, 180.1034, 180.1055, Protection Agency, 401 M St., S.W., or copies of this or other support 180.1059, 180.1061, 180.1079, 180.1081, Washington, DC 20460. Office location: documents? and 180.1085. Special Review Branch, Crystal Mall #2, A. Electronically 6th floor, 1921 Jefferson Davis Hwy., PART 185Ð [AMENDED] Arlington, VA. Telephone: (703) 308– You may obtain electronic copies of 2. In part 185: 8037; e-mail: [email protected]. this document and various support a. The aurthority citation for part 185 SUPPLEMENTARY INFORMATION: documents from the EPA Internet Home continues to read as follows: Page at http://www.epa.gov/. On the Authority: 21 U.S.C. 348. I. Does this document apply to me? Home Page select ‘‘Laws and Regulations’’ and then look up the entry You may be affected by this document §§ 185.1650, 185.3600, 185.4250, 185.4300, for this document under ‘‘Federal and 185.4800 [Removed] if you sell, distribute, manufacture, or Register - Environmental Documents.’’ use pesticides for agricultural You can also go directly to the ‘‘Federal b. By removing §§ 185.1650, 185.3600, applications, process food, distribute or 185.4250, 185.4300, and 185.4800. Register’’ listings at http:// sell food, or implement governmental www.epa.gov/homepage/fedrgstr/. PART 186Ð [AMENDED] pesticide regulations. Pesticide reregistration and other actions [see B. In Person or by Phone 3. In part 186: FIFRA section 4(g)(2)] include tolerance a. The authority citation for part 186 and exemption reassessment under If you have any questions or need continues to read as follows: FFDCA section 408. In this document, additional information about this action, Authority: 21 U.S.C. 348. the tolerance actions are final in please contact the technical person coordination with the cancellation of identified in the ‘‘FOR FURTHER §§ 186.450, 186.850, 186.1650, and 186.2450 associated registrations. Potentially INFORMATION CONTACT’’ section. In [Removed] affected categories and entities may addition, the official record for this b. By removing §§ 186.450, 186.850, include, but are not limited to: document, including the public version, 186.1650, and 186.2450. has been established under docket control number [OPP–300733], [FR Doc. 98–28486 Filed 10–23–98; 8:45 am] (including comments and data BILLING CODE 6560±50±F Examples of Poten- submitted electronically as described Category tially Affected Entities below). A public version of this record, including printed, paper versions of any ENVIRONMENTAL PROTECTION Agricultural Growers/Agricultural AGENCY electronic comments, which does not Stakeholders. Workers include any information claimed as Contractors [Certified/ 40 CFR Parts 180 and 186 Confidential Business Information (CBI), Commercial Appli- is available for inspection in Room 119, [OPP±300733; FRL±6035±6] cators, Handlers, Advisors, etc.] Crystal Mall #2, 1921 Jefferson Davis RIN 2070±AB78 Commercial Hwy., Arlington VA, from 8:30 a.m. to Processors 4 p.m., Monday through Friday, Revocation of Tolerances for Canceled Pesticide excluding legal holidays. The Public Food Uses Manufacturers Information and Records Integrity User Groups Branch telephone number is 703–305– AGENCY: Environmental Protection Food Consumers 5805. Agency (EPA). Food Distributors ...... Wholesale Contractors ACTION: Final rule. Retail Vendors III. Can I challenge the Agency’s final Commercial Traders/ decision presented in this document? SUMMARY: This final rule announces the Importers revocation of tolerances for residues of Intergovernmental State, Local, and/or Yes. You can file a written objection the pesticides listed in the regulatory Stakeholders. Tribal Government or request a hearing by December 28, text. EPA is revoking these tolerances Agencies 1998, in the following manner: 57068 Federal Register / Vol. 63, No. 206 / Monday, October 26, 1998 / Rules and Regulations

A. By Paper has historically expressed a concern that Maneb Written objections and hearing retention of tolerances that are not 1. Comment from Elf Atochem North requests, identified by the document necessary to cover residues in or on America, Incorporated. A comment was control number [OPP–300733, may be legally treated foods has the potential to received by the Agency from Elf submitted to: Hearing Clerk (1900), encourage misuse of pesticides within Atochem requesting that the tolerances Environmental Protection Agency, room the United States. Thus it is EPA’s for maneb not be revoked on the crops M3708, 401 M St., S.W., Washington, policy to issue a final rule revoking apricots; beans, succulent; carrots; DC 20460. Fees accompanying those tolerances for residues of pesticide celery; nectarines; and peaches. Elf objections and hearing requests shall be chemicals for which there are no active Atochem stated their interest in labeled ‘‘Tolerance Petition Fees’’ and registrations under FIFRA, unless any maintaining the tolerances for import forwarded to: EPA Headquarters person in comments on the proposal purposes only. Accounting Operations Branch, OPP demonstrates a need for the tolerance to 2. Comment from the Canadian (Tolerance Fees), P.O. Box 360277M, cover residues in or on imported Horticulture Council. A comment was Pittsburgh, PA 15251. A copy of any commodities or domestic commodities received by the Agency from the objections and hearing requests filed legally treated. Canadian Horticulture Council (CHC) with the Hearing Clerk should be EPA is not issuing today a final rule concerning the proposed tolerance identified by the document control to revoke those tolerances for which revocation for maneb on celery. The number and submitted to the Public EPA received comments demonstrating CHC stated that revocation of the Information and Records Integrity a need for the tolerance to be retained. tolerance would create a barrier to Branch, Information Resources and Generally, EPA will proceed with the Canadian exports. Services Division (7502C), Office of revocation of these tolerances on the Agency response. Because of Elf Pesticide Programs, 401 M St., S.W., grounds discussed above only if, prior Atochem’s interest, the Agency will not Washington, DC 20460. In person, bring to EPA’s issuance of a section 408(f) revoke the tolerances in 40 CFR 180.110 a copy of objections and hearing order requesting additional data or for maneb on apricots; beans, succulent; requests to room 119, CM #2, 1921 issuance of a section 408(d) or (e) order carrots; celery; nectarines; and peaches Jefferson Davis Hwy., Arlington, VA revoking the tolerances on other at this time. This will also address 22202. grounds, commenters retract the CHC’s concern. The Agency will revoke comment identifying a need for the the tolerances for maneb on rhubarb and B. Electronically tolerance to be retained or EPA spinach. A copy of objections and hearing independently verifies that the tolerance Ferbam requests filed with the Hearing Clerk is no longer needed. may also be submitted electronically by Although EPA proposed to revise the 3. Comment from the CHC. A sending e-mail to opp- tolerances in 40 CFR 180.294(a) for comment was received by the Agency [email protected], per the benomyl on apple, apricot, cherry, from the CHC concerning the proposed instructions given in ‘‘ADDRESSES’’ nectarine, peach, pear, and plum (fresh tolerance revocations for ferbam on above. Electronic copies of objections prune), from pre- and post-harvest uses asparagus, cucumbers, and tomatoes. and hearing requests must be submitted to pre-harvest use, the Agency will not The CHC stated that revocation of the as an ASCII file avoiding the use of amend those tolerances in this final tolerances would create a barrier to special characters and any form of rule. The Agency will address amending Canadian exports. encryption. Copies of objections and those tolerances for benomyl in a Agency response. The Agency will not hearing requests will also be accepted subsequent Federal Register document. revoke the tolerances in 40 CFR 180.114 on disks in WordPerfect 5.1 or 6.1 file The proposed revocation of tolerances for ferbam use on asparagus, cucumbers, format or ASCII file format. All copies in 40 CFR 180.108 for acephate on grass and tomatoes at this time. of objections and hearing requests in (pasture and range) and grass hay was 4. Comment from Interregional electronic form must be identified by in error (February 5, 1998, 63 FR 5907) Research Project No. 4. A comment was the docket control number [OPP– (FRL–5743–9). Though the registrants received by the Agency from 300733]. Do not submit CBI through e- have requested voluntary deletion of Interregional Research Project No. 4. mail. Electronic copies of objections and these uses, the 180–day waiting period (IR–4), New Brunswick, NJ, stating that hearing requests on this rule may be for the acceptance of these voluntary IR–4 is supporting the uses of ferbam on filed online at many Federal Depository use deletions has not yet expired. guava and papaya. libraries. Consequently, the Agency will not take 5. Comment from Washington State action on the tolerances for acephate on Department of Agriculture. A comment IV. What action is being taken? grass (pasture and range) and grass hay was received by the Agency from the This final rule revokes the FFDCA in this final rule, but will address those Washington State Department of tolerances for residues of certain tolerances in a subsequent Federal Agriculture (WSDA) stating that WSDA specified pesticides in or on certain Register document. has an active registration for ferbam use specified commodities. EPA is revoking In the Federal Register of February 5, on boysenberries. these tolerances because they are not 1998 (63 FR 5907), EPA issued a Agency response. Since the necessary to cover residues of the proposed rule for specific pesticides Interregional Research Project No. 4 (IR– relevant pesticides in or on domestically announcing the proposed revocation of 4) is supporting the ferbam uses on treated commodities or commodities tolerances for canceled food uses and guava and papaya with data and treated outside but imported into the inviting public comment for because FIFRA section 24(c) registration United States. These pesticides are no consideration and for support of for ferbam use on blackberries is active longer used on commodities within the tolerance retention under FFDCA in Washington, the Agency will not United States and no person has standards. The following comments revoke the tolerances in 40 CFR 180.114 provided comment identifying a need were received by the agency in response for ferbam use on boysenberry, guava, for EPA to retain the tolerances to cover to the document published in the and papaya. EPA will revoke the residues in or on imported foods. EPA Federal Register of February 5, 1998: tolerances for ferbam on almonds; beets, Federal Register / Vol. 63, No. 206 / Monday, October 26, 1998 / Rules and Regulations 57069 with tops; beets, without tops; beet due to the active FIFRA section 24(c) 2-Chloro-N-isopropylacetanilide greens alone; broccoli; Brussels sprouts; registration in Hawaii. Diazinon is [Propachlor] carrots; cauliflower; celery; collards; currently in the reregistration process. 10. Comment from Monsanto corn; currants; dates; eggplants; The tolerance for diazinon use on Company. A comment was received by gooseberries; kale; kohlrabi; melons; bananas will be reviewed with other the Agency from the Monsanto mustard greens; onions; peanuts; diazinon tolerances as part of this Company, which stated that the peppers; plums (fresh prunes); process. proposed revocation of tolerances for 2- pumpkins; quinces; radishes, with tops; Dimethyl (2,2,2-trichloro-1- Chloro-N-isopropylacetanilide, called radishes, without tops; radish tops; propachlor, on corn, forage; and corn, rutabagas, with tops; rutabagas, without hydroxyethyl) phosphonate [Trichlorfon] grain was erroneous. Monsanto has tops; rutabaga tops; spinach; active registrations for propachlor use strawberries; summer squash; turnips, 8. Comments from Bayer Corporation on corn. In a follow- up communication with tops; turnips, without tops; and and WSDA. A comment was received by with EPA, Monsanto stated it would not turnip greens. the Agency from Bayer Corporation support the propachlor tolerance on Fluorine compounds (Cryolite) initially requesting that the tolerances corn, sweet (K+CWHR). for dimethyl (2,2,2-trichloro-1- 11. Comment from WSDA. A 6. Comment from WSDA. A comment hydroxyethyl) phosphonate, called comment was received by the Agency was received by the Agency from the trichlorfon, not be revoked on cattle, fat; from the WSDA, which stated that it has WSDA, which stated that it has an cattle, mbyp; cattle, meat; horses, fat; active registrations for specific crop- active registration for cryolite use on horses, mbyp; horses, meat; sheep, fat; pesticide combinations, including collards, blackberries, boysenberries, sheep, mbyp; and sheep, meat. propachlor for use on corn, and dewberries, loganberries, and However, in a follow-up communication requested that EPA not revoke the youngberries, and requested that EPA with EPA, Bayer Corporation decided it tolerances for those commodities. not revoke the tolerances for those will limit its support to the existing Agency response. EPA acknowledges commodities. cattle tolerances and does so for import that the proposed revocation of Agency response. The proposed purposes. Also, WSDA requested that tolerances for propachlor on corn, tolerance revocation for fluorine the Agency not revoke the trichlorfon forage; and corn, grain was in error and compounds (cryolite) on collards was an tolerances for use on cattle. these tolerances will be retained. error and this tolerance will not be However, there is no legal use for corn, revoked. There is a FIFRA section 3 Agency response. The Agency will not revoke the tolerances in 40 CFR 180.198 sweet (K + CWHR) in Washington State registered use on collards and the use or elsewhere in the U.S.; therefore, the appears in the Cryolite RED document for trichlorfon on cattle, fat; cattle, mbyp; and cattle, meat; since Bayer Agency is revoking that corn tolerance issued August, 1996, listed as eligible in addition to the other tolerances that for reregistration. However, there is no Corporation has committed to support those tolerances with the appropriate were proposed to be revoked in the FIFRA section 3 registration for the use Federal Register of February 5, 1998 (63 of cryolite on any of the berries listed data through an agreement with the Agency. This will also address WSDA’s FR 5907). Consequently, the tolerances in the comment above. EPA has sent in 40 CFR 180.211 for propachlor on letters dated May 12, 1998 to notify the concern. However, EPA will revoke the other tolerances for trichlorfon in 40 beets, sugar, roots; beets, sugar, tops; States of Oregon and Washington that corn, sweet (K+CWHR); cottonseed; flax, the Agency does not consider the use of CFR 180.198 and 186.2325 as listed in the regulatory text. seed; flax, straw; peas; peas, forage; and cryolite on these small berries to be pumpkins will be revoked. valid under section 24(c) for any Trifluralin purposes under FIFRA. Therefore, the Simazine 9. Comment from WSDA. A comment tolerances in 40 CFR 180.145 for 12. Comment from Curtice Burns was received by the Agency from the cryolite use on blackberries, Foods. A comment was received by the WSDA, which stated that it has active boysenberries, dewberries, loganberries, Agency from Curtice Burns Foods registrations for specific crop-pesticide and youngberries will be revoked along requesting clarification with regard to with the tolerances on apples; apricots; combinations, including trifluralin for simazine application on asparagus for beans; beets, tops; carrots; corn; kale; use on flax and rape, and requested that the 1998 growing season. mustard greens; nectarines; okra; EPA not revoke the tolerances for those 13. Comment from Platte Chemical peanuts; pears; peas; quinces; radish, commodities. Company. A comment was received by tops; rutabagas, tops; and turnip, tops. Agency response. While the Agency the Agency from the Platte Chemical did not propose to revoke the tolerances Company stating their concerns with Diazinon for flax and rape, EPA did propose to regard to simazine existing stocks and 7. Comments from the European revoke the tolerances for flax, straw; grower groups. Union, the Oahu Banana Growers rape, straw; and upland cress. EPA will Agency response. EPA will set a Association, University of Hawaii, and revoke the tolerances in 40 CFR 180.207 revocation date of December 31, 2000 individuals. Comments were received for trifluralin on flax, straw; and rape, for the simazine artichokes, asparagus, by the Agency from various sources straw on the grounds that the tolerances and sugarcane tolerances in 40 CFR which requested that the tolerance for are no longer necessary. Although 180.213. There are no active diazinon use on bananas not be revoked. registered flax and rape uses exist for registrations for simazine on artichokes, Some cited the need to control the trifluralin, the Agency no longer sets asparagus, and sugarcane. However, end spread of Banana Bunchy Top Virus separate tolerances on the commodities users holding existing stocks of (BBTV) disease. Additionally, a FIFRA flax, straw and rape, straw. Rather, simazine labeled for use on artichokes, section 24(c) registration for diazinon residues on those commodities are asparagus, and sugarcane will be use on bananas is active in Hawaii. governed by the tolerances on flax and allowed to use such product until the Agency response. At this time, the rape, respectively. The tolerance on time the tolerances are finally revoked Agency will not revoke the tolerance in upland cress will be addressed in a (i.e., December 31, 2000), which should 40 CFR 180.153 for diazinon on bananas subsequent Federal Register document. accomodate all existing stocks. 57070 Federal Register / Vol. 63, No. 206 / Monday, October 26, 1998 / Rules and Regulations

Naled Uniroyal requested that either the Agency response. The Agency will 14. Comment from WSDA. A Agency establish a separate tolerance for revoke the tolerance in 40 CFR 180.320 comment was received by the Agency cherries at 0.15 parts per million or for methiocarb use on citrus fruits since from the WSDA requesting that the reinstate the stone fruits tolerance, there is no registration of methiocarb for tolerance for naled on cucumbers and which covers cherries, at 0.15 parts per citrus fruits. Also, normally the Agency receives data on citrus juice, but not legumes not be revoked. million. juice concentrate. Historically, the juice 15. Comment from the CHC. A Agency response. The Agency will not concentrate has been considered to be a comment was received by the Agency revoke the tolerance in 40 CFR 180.231 commodity that will be diluted with from the CHC concerning the proposed for dichlobenil on stone fruits until it water back to a level equivalent to the tolerance revocation for naled on reviews existing data on cherries and in juice. Rarely do pesticide residues turnips, tops; lettuce; cucumbers; addition establishes an appropriate concentrate in the juice significantly pumpkins; squash; and tomatoes. The tolerance level for cherries before compared to the raw fruit, causing a CHC stated that revocation of the revoking the tolerance on stone fruits. According to the Dichlobenil RED, the separate tolerance to be set on the juice. tolerance would create a barrier to The Agency will revoke the tolerances Canadian exports. stone fruits tolerance should be revoked concomitant with the establishment of a in 40 CFR 180.320 for methiocarb use 16. Comment from Amvac Chemical on corn [corn, fodder; corn, forage; corn, Corporation and Valent USA separate tolerance for cherries, since the use of dichlobenil on all other stone fresh (inc. sweet K+CWHR); corn, grain, Corporation. A comment was received field; and corn, grain, pop] due to a by the Agency from the Valent USA fruits has been dropped, and in addition a separate tolerance should be variety of reasons. There are no Corporation, on behalf of Amvac registered uses for methiocarb on corn. Chemical Corporation, requesting that established on cherries with a value of 0.15 for residues of dichlobenil and its While Gowan Company expressed an the tolerances for naled on cucumbers, interest in retaining corn tolerances by lettuce, and tomatoes be retained for metabolite 2,6- dichlorobenzamide (BAM) on cherries until new residue submitting a comment to the proposed import purposes. In follow-up revocation (February 5, 1998, 63 FR communication, Amvac Chemical data submissions are evaluated by the Agency. 5907), Gowan has not yet clearly confirmed that it will support those committed to support the tolerances tolerances. 2,2-Dichlorovinyl dimethyl phosphate with sufficient data. Gowan submitted a Agency response. Because of the [DDVP] petition to register methiocarb for use comments/concerns received regarding 19. Comment from the CHC. A on corn seed, in September, 1997. the proposed revocation of naled Gowan has not submitted the tolerances, the Agency will not revoke comment was received by the Agency from the CHC concerning the proposed outstanding data previously required the tolerances in 40 CFR 180.215 on under section 3(c)(2)(B) of FIFRA in tolerance revocation for 2,2- cucumbers; legumes, forage; lettuce; support of their proposed use of Dichlorovinyl dimethyl phosphate, pumpkins; squash, winter; tomatoes; methiocarb. Instead, Gowan has called dichlorvos or DDVP, on tomatoes. and turnip tops at this time. The Agency proposed that the corn seed use has The CHC stated that revocation of the will revoke the tolerances for naled on minor crop use status and is eligible for tolerance would create a barrier to mushrooms and rice, for which no data waivers. The Agency denied an Canadian exports. comments were received. earlier request for such a waiver of data. Agency response. The Agency will not Atrazine Additionally, there is no enforcement revoke the tolerance in 40 CFR 180.235 analytical method which has been 17. Comment from WSDA. A for dichlorvos (DDVP) on tomatoes at validated at the 0.03 ppm level of the comment was received by the Agency this time. The Agency will revoke the corn tolerances, a data deficiency in the from the WSDA, which stated that it has tolerances for dichlorvos (DDVP) on RED. There are toxicological data active registrations for specific crop- cucumbers; lettuce; and radishes. deficiencies as well. If Gowan decides to pesticide combinations, including Methiocarb reestablish the corn tolerances with atrazine for use on grass. sufficient data in the future, it can Agency response. Drexel Chemical 20. Comment from California Citrus submit a formal petition with the Company has active uses for atrazine on Quality Council. A comment was appropriate data and the appropriate orchardgrass, pastures, and rangeland. received by the Agency from the fees. Therefore, EPA will not revoke the California Quality Citrus Council There is no registered use for tolerances in 40 CFR 180.220 for (CQCC) requesting that the tolerance for methiocarb on peaches; therefore the atrazine on grass, range; orchardgrass; 3,5-Dimethyl-4-(methylthio)phenyl tolerance will be revoked. and orchardgrass, hay. The Agency will methylcarbamate, called methiocarb, revoke the tolerances for atrazine on not be revoked on citrus fruits. The Nitrapyrin pineapples; pineapples, fodder; CQCC expressed concerns about 22. Comments from Platte Chemical pineapples, forage; proso millet, fodder; potential adulteration through Company. A comment was received by proso millet, forage; proso millet, grain; combination of imported juice the Agency from the Platte Chemical and proso millet, straw. concentrate with domestically produced Company requesting that the tolerance concentrate. for nitrapyrin use on cottonseed not be Dichlobenil 21. Comment from Gowan Company. revoked. In follow-up communication, 18. Comment from Uniroyal Chemical A comment was received by the Agency Platte Chemical stated that it would not Company, Inc. A comment was received from Gowan Company requesting that support that tolerance. by the Agency from Uniroyal Chemical, the tolerances for 3,5-Dimethyl-4- Agency response. EPA will revoke the which stated that it has a product label (methylthio)phenyl methylcarbamate, tolerance in 40 CFR 180.350(a) for use for cherries and is supporting the called methiocarb, not be revoked on nitrapyrin use on cottonseed and will tolerance on sweet and tart cherries, but corn due to a submitted petition to revoke the tolerance in 40 CFR is not supporting the stone fruit uses, register the active ingredient as a corn 180.350(b) for nitrapyrin on peaches, plums, prunes, and nectarines. seed treatment. strawberries. Federal Register / Vol. 63, No. 206 / Monday, October 26, 1998 / Rules and Regulations 57071

5-ethoxy-3-(trichloromethyl)-1,2,4- treated with the pesticides subject to C. Does this action involve any thiadiazole [Etridiazole] this notice, and that are in the channels ‘‘unfunded mandates’’? 23. Comments from the European of trade following the tolerance No. This action does not impose any Union. Comments were received by the revocations, shall be subject to FFDCA enforceable duty, or contain any Agency from the European Union section 408(1)(5), as established by the ‘‘unfunded mandates’’ as described in requesting that the tolerance for 5- Food Quality Protection Act (FQPA). Title II of the Unfunded Mandates ethoxy-3- (trichloromethyl)-1,2,4- Under this section, any residue of these Reform Act of 1995 (Pub. L. 104–4). thiadiazole, called etridiazole, use on pesticides in or on such food shall not D. Do Executive Orders 12875 and strawberries not be revoked. In an render the food adulterated so long as it 13084 require EPA to consult with earlier communication with EPA, the is shown to the satisfaction of FDA that, States and Indian Tribal Governments European Union stated that a (1) the residue is present as the result of clarification of methodology for prior to taking the action in this an application or use of the pesticide at document? commitment in support of tolerance a time and in a manner that was lawful retention was deserved. under FIFRA, and (2) the residue does No. Under Executive Order 12875, Agency response. The Agency will not not exceed the level that was authorized entitled Enhancing the revoke the tolerance in 40 CFR 180.370 at the time of the application or use to Intergovernmental Partnership (58 FR for etridiazole use on strawberries at 58093, October 28, 1993), EPA may not this time. The Agency will revoke the be present on the food under a tolerance or exemption from tolerance. Evidence issue a regulation that is not required by tolerance for etridiazole on avocados. statute and that creates a mandate upon to show that food was lawfully treated EPA is developing a guidance a State, local or tribal government, may include records that verify the concerning submissions for import unless the Federal government provides tolerance support. This guidance will be dates that the pesticide was applied to the funds necessary to pay the direct made available to interested such food. compliance costs incurred by those stakeholders. VI. How do the regulatory assessment governments. If the mandate is Diclofop-methyl requirements apply to this action? unfunded, EPA must provide to the Office of Management and Budget 24. Comments from the European A. Is this a ‘‘significant regulatory (OMB) a description of the extent of Union. Comments were received by the action’’? EPA’s prior consultation with Agency from the European Union representatives of affected State, local requesting that the tolerance for No. Under Executive Order 12866, and tribal governments, the nature of diclofop- methyl use on lentils and pea entitled Regulatory Planning and their concerns, copies of any written seeds (dry) not be revoked. In an earlier Review (58 FR 51735, October 4, 1993), communications from the governments, communication with EPA, the European this action is not a ‘‘significant and a statement supporting the need to Union stated that a clarification of regulatory action’’. The Office of issue the regulation. In addition, methodology for commitment in Management and Budget (OMB) has Executive Order 12875 requires EPA to support of tolerance retention was determined that tolerance actions, in develop an effective process permitting deserved. general, are not ‘‘significant’’ unless the Agency response. The Agency will not elected officials and other action involves the revocation of a revoke the tolerances in 40 CFR 180.385 representatives of State, local and tribal tolerance that may result in a substantial for diclofop-methyl use on lentils and governments ‘‘to provide meaningful pea seeds (dry) at this time. The Agency adverse and material affect on the and timely input in the development of will revoke the tolerances for diclofop- economy. In addition, this action is not regulatory proposals containing methyl on flaxseed and soybeans. EPA subject to Executive Order 13045, significant unfunded mandates.’’ is developing a guidance concerning entitled Protection of Children from Today’s rule does not create an submissions for import tolerance Environmental Health Risks and Safety unfunded federal mandate on State, support. This guidance will be made Risks (62 FR 19885, April 23, 1997), local or tribal governments. The rule available to interested stakeholders. because this action is not an does not impose any enforceable duties economically significant regulatory on these entities. Accordingly, the V. When do these actions become action as defined by Executive Order requirements of section 1(a) of effective? 12866. Nonetheless, environmental Executive Order 12875 do not apply to These actions become effective 90 health and safety risks to children are this rule. days following publication of a final considered by the Agency when Under Executive Order 13084, rule in the Federal Register. EPA has determining appropriate tolerances. entitled Consultation and Coordination delayed the effectiveness of these Under FQPA, EPA is required to apply with Indian Tribal Governments (63 FR revocations for 90 days following an additional 10-fold safety factor to risk 27655, May 19,1998), EPA may not publication of a final rule to ensure that assessments in order to ensure the issue a regulation that is not required by statute, that significantly or uniquely all affected parties receive notice of protection of infants and children affects the communities of Indian tribal EPA’s action. Consequently, the unless reliable data supports a different governments, and that imposes effective date is January 25, 1999, except safety factor. where the date is otherwise indicated, substantial direct compliance costs on as with simazine. For simazine, the B. Does this action contain any those communities, unless the Federal effective date is December 31, 2000. For reporting or recordkeeping government provides the funds this particular final rule, the actions will requirements? necessary to pay the direct compliance affect uses which have been canceled costs incurred by the tribal for more than a year. This should ensure No. This action does not impose any governments. If the mandate is that commodities have cleared the information collection requirements unfunded, EPA must provide OMB, in channels of trade. subject to OMB review or approval a separately identified section of the Any commodities listed in the pursuant to the Paperwork Reduction preamble to the rule, a description of regulatory text of this document that are Act (44 U.S.C. 3501 et seq.). the extent of EPA’s prior consultation 57072 Federal Register / Vol. 63, No. 206 / Monday, October 26, 1998 / Rules and Regulations with representatives of affected tribal law or otherwise impractical. Voluntary List of Subjects governments, a summary of the nature consensus standards are technical 40 CFR Part 180 of their concerns, and a statement standards (e.g., materials specifications, supporting the need to issue the test methods, sampling procedures, Environmental protection, regulation. In addition, Executive Order business practices, etc.) that are Administrative practice and procedure, 13084 requires EPA to develop an developed or adopted by voluntary Agricultural commodities, Pesticides effective process permitting elected and consensus standards bodies. The and pests, Reporting and record keeping other representatives of Indian tribal NTTAA requires EPA to provide requirements. governments ‘‘to provide meaningful Congress, through OMB, explanations 40 CFR Part 186 and timely input in the development of when the Agency decides not to use regulatory policies on matters that Environmental protection, Animal available and applicable voluntary significantly or uniquely affect their feeds, Pesticides and pests. consensus standards. communities.’’ Dated: September 29, 1998. Today’s rule does not significantly or H. Are there any international trade Jack E. Housenger, uniquely affect the communities of issues raised by this action? Indian tribal governments. This action Acting Director, Special Review and does not involve or impose any EPA is working to ensure that the U.S. Reregistration Division, Office of Pesticide requirements that affect Indian Tribes. tolerance reassessment program under Programs. Accordingly, the requirements of FQPA does not disrupt international Therefore, 40 CFR parts 180 and 186 section 3(b) of Executive Order 13084 trade. EPA considers Codex Maximum are amended to read as follows: do not apply to this rule. Residue Limits (MRLs) in setting U.S. PART 180Ð [AMENDED] E. Does this action involve any tolerances and in reassessing them. environmental justice issues? MRLs are established by the Codex 1. In part 180: Committee on Pesticide Residues, a No. This action is not expected to a. The authority citation for part 180 committee within the Codex have any potential impacts on continues to read as follows: Alimentarius Commission, an Authority: 21 U.S.C. 346a and 371. minorities and low income international organization formed to communities. Special consideration of § 180.103 [Amended] environmental justice issues is not promote the coordination of required under Executive Order 12898, international food standards. When b. By removing, in § 180.103, entitled Federal Actions to Address possible, EPA seeks to harmonize U.S. paragraph (a), the entries for Environmental Justice in Minority tolerances with Codex MRLs. EPA may ‘‘avocados’’; ‘‘garlic’’; ‘‘leeks’’; Populations and Low-Income establish a tolerance that is different ‘‘pimentos’’; ‘‘shallots’’; and ‘‘taro Populations (59 FR 7629, February 16, from a Codex MRL; however, FFDCA (corn)’’. 1994). section 408(b)(4) requires that EPA § 180.106 [Amended] explain in a Federal Register document F. Does this action have a potentially c. By removing, in § 180.106, the reasons for departing from the significant impact on a substantial paragraph (a), the entries for ‘‘Bermuda Codex level. EPA’s effort to harmonize number of small entities? grass’’ and ‘‘Bermuda grass, hay’’. with Codex MRLs is summarized in the No. The Agency has certified that tolerance reassessment section of § 180.110 [Amended] tolerance actions, including the individual REDs. The U.S. EPA is d. By removing, in § 180.110, tolerance actions in this notice, are not developing a guidance concerning paragraph (a), the entries for ‘‘rhubarb’’ likely to result in a significant adverse submissions for import tolerance and ‘‘spinach’’. economic impact on a substantial support. This guidance will be made e. Section 180.114 is revised to read number of small entities. The factual available to interested stakeholders. as follows: basis for the Agency’s determination, along with its generic certification I. Is this action subject to review under § 180.114 Ferbam; tolerances for residues. under section 605(b) of the Regulatory the Congressional Review Act? (a) General. Tolerances for residues of Flexibility Act (RFA) (5 U.S.C. 601 et the fungicide ferbam (ferric dimethyl- seq.), appears at 63 FR 55565, October Yes. The Congressional Review Act, 5 dithiocarbamate), calculated as zinc 16, 1998 (FRL–6035–7). This generic U.S.C. 801 et seq., as amended by the ethylenebisdithiocarbamate, in or on certification has been provided to the Small Business Regulatory Enforcement raw agricultural commodities are Chief Counsel for Advocacy of the Small Fairness Act of 1996, generally provides established as follows: Business Administration. that before a rule may take effect, the agency promulgating the rule must G. Does this action involve technical standards? submit a rule report, which includes a copy of the rule, to each House of the Commodity Parts per million No. This tolerance action does not Congress and to the Comptroller General involve any technical standards that of the United States. EPA will submit a Apples ...... 71 Apricots ...... 71 would require Agency consideration of report containing this rule and other Asparagus ...... 71 voluntary consensus standards pursuant required information to the U.S. Senate, to section 12(d) of the National Beans ...... 71 the U.S. House of Representatives, and 1 Technology Transfer and Advancement Blackberries ...... 7 the Comptroller General of the United Bluberries (huckleberries) 71 Act of 1995 (NTTAA), Pub. L. 104–113, Boysenberries ...... 71 section 12(d) (15 U.S.C. 272 note). States prior to publication of the rule in the Federal Register. This action is not Cabbage ...... 71 Section 12(d) directs EPA to use 1 a ‘‘major rule’’ as defined by 5 U.S.C. Cherries ...... 7 voluntary consensus standards in its Citrus fruits ...... 71 regulatory activities unless to do so 804(2). Cranberries ...... 71 would be inconsistent with applicable Cucumbers ...... 71 Federal Register / Vol. 63, No. 206 / Monday, October 26, 1998 / Rules and Regulations 57073

§ 180.173 Ethion; tolerances for residues. (c) Tolerances with regional (a) * * * registrations. [Reserved] Commodity Parts per million (d) Indirect or inadvertent residues. [Reserved] Dewberries ...... 71 1 Grapes ...... 7 Commodity Parts per million § 180.183 [Amended] Guavas ...... 71 1 l. By removing, in § 180.183, Lettuce ...... 7 Cattle, fat ...... 2.5 1 Loganberries ...... 7 Cattle, mbyp ...... 1.0 paragraph (a), the entries for ‘‘alfalfa, 1 Mangoes ...... 7 Cattle, meat (fat basis) ..... 2.5 fresh’’; ‘‘alfalfa, hay’’; ‘‘clover, fresh’’; Nectarines ...... 71 Citrus fruits ...... 2.0 and ‘‘clover, hay’’. Papayas ...... 71 Citrus pulp, dehydrated ..... 10 Peaches ...... 71 Goats, fat ...... 0.2 § 180.188 [Removed] Pears ...... 71 Goats, mbyp ...... 0.2 Peas ...... 71 m. By removing § 180.188. Goats, meat ...... 0.2 Raspberries ...... 71 n. In § 180.198, by revising the section Hogs, fat ...... 0.2 Squash ...... 71 Hogs, mbyp ...... 0.2 heading and the table to read as follows: Tomatoes ...... 71 Hogs, meat ...... 0.2 Youngberries ...... 71 § 180.198 Trichlorfon; tolerances for Horses, fat ...... 0.2 residues. Horses, mbyp ...... 0.2 1 Some of these tolerances were established Horses, meat ...... 0.2 *** on the basis of data acquired at the public Milk fat (reflecting (N) resi- 0.5 hearings held in 1950 (formerly § 180.101) dues in milk). and the remainder were established on the Raisins ...... 4 basis of pesticide petitions presented under Sheep, fat ...... 0.2 Commodity Parts per million the procedure specified in the amendment to Sheep, mbyp ...... 0.2 the Federal Food, Drug, and Cosmetic Act by Sheep, meat ...... 0.2 Cattle, fat ...... 0.1(N) Pub. L. 518, 83d Congress (68 Stat. 511). Tea, dried ...... 10 Cattle, mbyp ...... 0.1(N) (b) Section 18 emergency exemptions. Cattle, meat ...... 0.1(N) [Reserved] * * * * * (c) Tolerances with regional j. Section 180.178 is revised to read as o. In § 180.200, by revising paragraph registrations. [Reserved] follows: (a)(1) to read as follows: (d) Indirect or inadvertent residues. [Reserved] § 180.178 Ethoxyquin; tolerances for § 180.200 2,6-Dichloro-4-nitroaniline; f. In § 180.121, by amending residues. tolerances for residues. (a) General. A tolerance is established paragraph (a) by adding a heading and (a) General. (1) Tolerances are for residues of the plant regulator designating the text after the heading as established for residues of the fungicide ethoxyquin (1,2-dihydro-6-ethoxy-2,2,4- paragraph (a)(1) and amending the table 2,6- dichloro-4-nitroaniline in or on the trimethylquinoline) from preharvest or therein by removing the entries for following raw agricultural commodities. postharvest use in or on the following ‘‘citrus fruits’’; ‘‘sugarcane’’; ‘‘sugarcane, Unless otherwise specified, these commodity: fodder’’; and ‘‘sugarcane, forage’’; by tolerances prescribed in this paragraph redesignating paragraph (b) as paragraph provide for residues from preharvest (a)(2); and by adding and reserving with application only. headings new paragraphs (b), (c), and (d) to read as follows: Commodity Parts per million § 180.121 Parathion; tolerances for Pear ...... 3 residues. Commodity Parts per million (b) Section 18 emergency exemptions (a) General. (1) * * * Apricot (PRE- and POST- 20 (b) Section 18 emergency exemptions. . [Reserved] H). [Reserved] (c) Tolerances with regional Bean, snap ...... 20 (c) Tolerances with regional registrations . [Reserved] Carrot (POST-H) ...... 10 registrations. [Reserved] (d) Indirect or inadvertent residues . Celery ...... 15 (d) Indirect or inadvertent residues. [Reserved] Cherry, sweet (PRE- and 20 [Reserved] k. In § 180.181, by designating the POST-H). existing text as paragraph (a), adding a Cucumber ...... 5 § 180.145 [Amended] heading to newly designated paragraph Endive (escarole) ...... 10 g. By removing, in § 180.145, in (a) and revising the table; and by adding Garlic ...... 5 paragraph (a)(1), the entries for and reserving with headings paragraphs Grape ...... 10 Lettuce ...... 10 ‘‘apples’’; ‘‘apricots’’; ‘‘beans’’; (b), (c), and (d) to read as follows: ‘‘beets,tops’’; ‘‘blackberries’’; Nectarine (PRE- and 20 § 180.181 CIPC; tolerances for residues. POST-H). ‘‘boysenberries’’; ‘‘carrots’’; ‘‘corn’’; Onion ...... 10 ‘‘dewberries’’; ‘‘kale’’; ‘‘loganberries’’; (a) General. * * * Peach (PRE- and POST- 20 ‘‘mustard greens’’; ‘‘nectarines’’; ‘‘okra’’; H). ‘‘peanuts’’; ‘‘pears’’; ‘‘peas’’; ‘‘quinces’’; Plum (fresh prune) (PRE- 15 ‘‘radish, tops’’; ‘‘rutabaga, tops’’; and POST-H). ‘‘turnip, tops’’; and ‘‘youngberries’’. Commodity Parts per million Potato ...... 0.25 Rhubarb ...... 10 § 180.170 [Removed] Potato (POST-H) ...... 50 Sweet potato (POST-H) .... 10 h. By removing § 180.170. Tomato ...... 5 i. In § 180.173, in paragraph (a), the (b) Section 18 emergency exemptions. table is revised to read as follows: [Reserved] * * * * * 57074 Federal Register / Vol. 63, No. 206 / Monday, October 26, 1998 / Rules and Regulations

§ 180.206 [Amended] therein by removing the entries for p. By removing, in § 180.206, ‘‘alfalfa’’; ‘‘alfalfa, hay’’; ‘‘grass’’; ‘‘grass, paragraph (a), the entries for ‘‘alfalfa, Parts per Expiration/ hay’’; ‘‘rice’’; and ‘‘rice, straw’’; and by fresh’’; ‘‘alfalfa, hay’’; ‘‘barley, grain’’; Commodity revocation adding and reserving with headings million date ‘‘barley, straw’’; ‘‘Bermuda grass, paragraphs (b), (c), and (d) to read as straw’’; ‘‘lettuce’’; ‘‘rice’’; and Almonds, hulls 0.25 ...... None follows: ‘‘tomatoes’’. Apples ...... 0.25 ...... None § 180.214 Fenthion; tolerances for q. In § 180.207, by designating the Artichoke,globe 0.5 ...... 12/31/00 residues. existing text as paragraph (a), adding a Asparagus ...... 10 ...... 12/31/00 heading to the newly designated Avocados ...... 0.25 ...... None (a) General. * * * paragraph (a) and amending the table Bermuda grass 15 ...... None (b) Section 18 emergency exemptions. therein by removing the entries for Bermuda grass, 15 ...... None [Reserved] forage. (c) Tolerances with regional ‘‘flax, straw’’; and ‘‘rape, straw’’; and by Bermuda grass, 15 ...... None adding and reserving with headings registrations. [Reserved] hay. (d) Indirect or inadvertent residues. paragraphs (b), (c), and (d) to read as Blackberries ..... 0.25 ...... None follows: Blueberries ...... 0.25 ...... None [Reserved] Boysenberries 0.25 ...... None v. In § 180.215, by designating the § 180.207 Trifluralin; tolerances for Cattle, fat ...... 0.02(N) ...... None existing text as paragraphs (a)(1) and (2), residues. Cattle, mbyp .... 0.02(N) ...... None adding a heading to the newly (a) General. * * * Cattle, meat ..... 0.02(N) ...... None designated paragraph (a) and amending (b) Section 18 emergency exemptions. Cherries ...... 0.25 ...... None the table in paragraph (a)(1) by [Reserved] Corn, fodder .... 0.25 ...... None removing the entries for ‘‘mushrooms’’; (c) Tolerances with regional Corn, forage .... 0.25 ...... None and ‘‘rice’’; and by adding and reserving registrations. [Reserved] Corn, fresh (inc. 0.25 ...... None with headings paragraphs (b), (c), and sweet (d) Indirect or inadvertent residues. (d) to read as follows: [Reserved] K+CWHR). Corn, grain ...... 0.25 ...... None § 180.215 Naled; tolerances for residues. § 180.209 [Amended] Cranberries ...... 0.25 ...... None Currants ...... 0.25 ...... None (a) General. (1) * * * r. By removing, in § 180.209, Dewberries ...... 0.25 ...... None (2) * * * paragraph (a), the entry for ‘‘citrus Eggs ...... 0.02(N) ...... None (b) Section 18 emergency exemptions. fruits’’. Filberts ...... 0.25 ...... None [Reserved] s. In § 180.211, by designating the Goats, fat ...... 0.02(N) ...... None (c) Tolerances with regional existing text as paragraph (a), adding a Goats, mbyp .... 0.02(N) ...... None registrations. [Reserved] heading to the newly designated Goats, meat ..... 0.02(N) ...... None (d) Indirect or inadvertent residues. paragraph (a) and amending the table Grapefruit ...... 0.25 ...... None [Reserved] therein by removing the entries for Grapes ...... 0.25 ...... None Grass ...... 15 ...... None w. In § 180.217, by designating the ‘‘beets, sugar, roots’’; ‘‘beets, sugar, Grass, forage .. 15 ...... None existing text as paragraph (a) and tops’’; ‘‘corn, sweet (K+CWHR)’’; Grass, hay ...... 15 ...... None revising, and by adding and reserving ‘‘cottonseed’’; ‘‘flax, seed’’; ‘‘flax, Hogs, fat ...... 0.02(N) ...... None with headings paragraphs (b), (c), and straw’’; ‘‘peas (with pods, determined Hogs, mbyp ..... 0.02(N) ...... None (d) to read as follows: on peas after removing any pod present Hogs, meat ...... 0.02(N) ...... None when marketed)’’; peas, forage; and Horses, fat ...... 0.02(N) ...... None § 180.217 Ammoniates for [ethylenebis- pumpkins; and by adding and reserving Horses, mbyp .. 0.02(N) ...... None (dithiocarbamato)] zinc and ethylenebis with headings paragraphs (b), (c), and Horses, meat ... 0.02(N) ...... None [dithiocarbamic acid] bimolecular and trimolecular cyclic anhydrosulfides and (d) to read as follows: Lemons ...... 0.25 ...... None Loganberries ... 0.25 ...... None disulfides; tolerances for residues. § 180.211 2-Chloro-N-isopropylacetanilide; Macadamia 0.25 ...... None (a) General. Tolerances are tolerances for residues. nuts. established for residues of a fungicide Milk ...... 0.02(N) ...... None (a) General. * * * Olives ...... 0.25 ...... None that is a mixture of 5.2 parts by weight (b) Section 18 emergency exemptions. Oranges ...... 0.25 ...... None of ammoniates of [ethylenebis [Reserved] Peaches ...... 0.25 ...... None (dithiocarbamato)] zinc with 1 part by (c) Tolerances with regional Pears ...... 0.25 ...... None weight ethylenebis [dithiocarbamic registrations. [Reserved] Pecans ...... 0.1(N) ...... None acid] bimolecular and trimolecular (d) Indirect or inadvertent residues. Plums ...... 0.25 ...... None cyclic anhydrosulfides and disulfides, [Reserved] Poultry, fat ...... 0.02(N) ...... None calculated as zinc t. In § 180.213, paragraph (a)(1) is Poultry, mbyp .. 0.02(N) ...... None ethylenebisdithiocarbamate, in or on the revised to read as follows: Poultry, meat ... 0.02(N) ...... None Raspberries ..... 0.25 ...... None following raw agricultural commodities 180.213 Simazine; tolerances for residues. Sheep, fat ...... 0.02(N) ...... None as follows: (a) General. (1) * * * Sheep, mbyp ... 0.02(N) ...... None Sheep, meat .... 0.02(N) ...... None Strawberries .... 0.25 ...... None Sugarcane ...... 0.25 ...... 12/31/00 Commodity Parts per million Sugarcane, mo- 1 ...... None Parts per Expiration/ lasses. Apple ...... 2.0 Commodity revocation Walnuts ...... 0.2 ...... None Potato ...... 0.5 million date

Alfalfa ...... 15 ...... None u. In § 180.214, by designating the (b) Section 18 emergency exemptions. Alfalfa, forage .. 15 ...... None existing text as paragraph (a), adding a [Reserved] Alfalfa, hay ...... 15 ...... None heading to the newly designated (c) Tolerances with regional Almonds ...... 0.25 ...... None paragraph (a) and amending the table registrations. [Reserved] Federal Register / Vol. 63, No. 206 / Monday, October 26, 1998 / Rules and Regulations 57075

(d) Indirect or inadvertent residues. b) Section 18 emergency exemptions. gg. In § 180.262, by amending [Reserved] [Reserved] paragraph (a) to add a heading and x. In § 180.220, by amending (c) Tolerances with regional amending the table therein by removing paragraph (a) to add a heading and registration. [Reserved] the entries for ‘‘soybeans’’; ‘‘soybeans, designating the existing text as (a)(1) (d) Indirect or inadvertent residues. forage’’; and ‘‘soybeans, hay’’; by and amending the table therein by [Reserved] redesignating paragraph (b) as paragraph removing the entries for ‘‘pineapples’’; bb. In § 180.235, by amending (c) and adding a heading; and by adding ‘‘pineapples, fodder’’; and ‘‘pineapples, paragraph (a) by adding a heading and and reserving with headings paragraphs forage’’; by designating paragraph (b) as designating the text after the heading as (b) and (d) to read as follows: paragraph (a)(2) and by removing from paragraph (a)(1) and amending the table the table the entries for ‘‘proso millet, therein by removing the entries for § 180.262 Ethoprop; tolerances for fodder’’; ‘‘proso millet, forage’’; ‘‘proso ‘‘cucumbers’’; ‘‘lettuce’’; and ‘‘radishes’’; residues. millet, grain’’; and ‘‘proso millet, by redesignating existing paragraph (b) (a) General. * * * straw’’; and by adding and reserving as paragraph (a)(2); and by adding and (b) Section 18 emergency exemptions. with headings paragraphs (b), (c), and reserving with headings new paragraphs [Reserved] (d) to read as follows: (b), (c), and (d) to read as follows: (c) Tolerances with regional § 180.220 Atrazine; tolerances for § 180.235 2,2-Dichlorovinyl dimethyl registrations. * * * residues. phosphate; tolerances for residues. (d) Indirect or inadvertent residues. (a) General. (1) * * * (a) General. (1) * * * [Reserved] (b) Section 18 emergency exemptions (b) Section 18 emergency exemptions. hh. In § 180.297, by designating the . [Reserved] [Reserved] existing text as paragraph (a), adding a (c) Tolerances with regional (c) Tolerances with regional heading to newly designated paragraph registrations. [Reserved] registrations. [Reserved] (a) and amending the table therein by (d) Indirect or inadvertent residues. (d) Indirect or inadvertent residues. removing the entries for ‘‘cranberries’’; [Reserved] [Reserved] ‘‘peanuts’’; ‘‘peanuts, hay’’; ‘‘soybeans’’; and ‘‘soybeans, hay’’; and by adding and § 180.222 [Amended] § 180.242 [Amended] reserving with headings paragraphs (b), y. In § 180.222, amending paragraph cc. By removing, in § 180.242, (c), and (d) to read as follows: (a), in the table by removing the entries paragraph (a)(1), the entry for ‘‘grapes’’. for ‘‘corn, fodder, field’’; ‘‘corn, fodder, § 180.297 N-1-Naphthylphthalamic acid; pop’’; ‘‘corn, fodder, sweet’’; ‘‘corn, § 180.254 [Amended] tolerances for residues. forage, field’’; ‘‘corn, forage, pop’’; dd. By removing, in § 180.254, (a) General. * * * ‘‘corn, forage, sweet’’; and ‘‘corn, fresh paragraph (a), the entry for ‘‘peanuts’’. (b) Section 18 emergency exemptions. ee. In § 180.258, by amending (inc. sweet K+CWHR)’’. [Reserved] z. In § 180.229, by designating the paragraph (a) to add a heading and amending the table therein by removing (c) Tolerances with regional existing text as paragraph (a) and adding registrations. [Reserved] a heading, by removing in the table the the entries for ‘‘grapefruit’’; ‘‘oranges’’; and ‘‘potatoes’’; by redesignating (d) Indirect or inadvertent residues. entry for ‘‘sugarcane’’; and by adding [Reserved] and reserving with headings paragraphs paragraph (b) as paragraph (c) and ii. In § 180.298, by amending (b), (c), and (d) to read as follows: adding a heading; and by adding and reserving with headings paragraphs (b) paragraph (a) by adding a heading and § 180.229 Fluometuron; tolerances for and (d) to read as follows: designating the text after the heading as residues. paragraph (a)(1) and amending the table (a) General. A tolerance is established § 180.258 Ametryn; tolerances for therein by removing the entries for for negligible residues of the herbicide residues. ‘‘clover’’; ‘‘clover, hay’’; and ‘‘potatoes’’; fluometuron (1,1-dimethyl-3-(α,α,α- (a) General. * * * by redesignating paragraph (b) as trifluoro-m -tolyl)urea) in or on the (b) Section 18 emergency exemptions. paragraph (a)(2); by adding and following raw agricultural commodity: [Reserved] reserving with heading new paragraph (c) Tolerances with regional (b); by adding a heading to paragraph registrations. * * * (c); and by adding and reserving with (d) Indirect or inadvertent residues. heading new paragraph (d) to read as Commodity Parts per million [Reserved] follows: ff. In § 180.261, by amending Cotton, undelinted seed .... 0.1 paragraph (a) to add a heading and § 180.298 Methidathion; tolerances for amending the table therein by removing residues. (b) Section 18 emergency exemptions. the entry for ‘‘tomatoes’’; by (a) General. (1) * * * [Reserved] redesignating paragraph (b) as paragraph (b) Section 18 emergency exemptions. (c) Tolerances with regional (c) and adding a heading; and by adding [Reserved] registration. [Reserved] and reserving with headings paragraphs (c) Tolerances with regional (d) Indirect or inadvertent residues. (b) and (d) to read as follows: registrations. * * * [Reserved] aa. In § 180.231, by designating the § 180.261 Phosmet; tolerances for (d) Indirect or inadvertent residues. existing text as paragraph (a) and adding residues. [Reserved] a heading, and by adding and reserving (a) General. * * * § 180.314 [Amended] with headings paragraphs (b), (c), and (b) Section 18 emergency exemptions. (d) to read as follows: [Reserved] jj. By removing, in § 180.314, the (c) Tolerances with regional entries for ‘‘grass, canary, annual, seed’’; § 180.231 Dichlobenil; tolerances for registrations. * * * and ‘‘grass, canary, annual, straw’’. residues. (d) Indirect or inadvertent residues. kk. By revising § 180.319 to read as (a) General. * * * [Reserved] follows: 57076 Federal Register / Vol. 63, No. 206 / Monday, October 26, 1998 / Rules and Regulations

§ 180.319 Interim tolerances. until action is completed on these pesticide chemicals in or on the While petitions for tolerances for petitions, interim tolerances are following raw agricultural commodities: negligible residues are pending and established for residues of the listed

Tolerance in parts per Substance Use million Raw agricultural commodity

Carbaryl (1-naphthyl N-methylcarbamate and its Insecticide 0.5 Egg. metabolite 1-naphthol, calculated as carbaryl.. Coordination product of zinc ion and maneb ...... Fungicide 1.0 (Calculated as zinc Potato. ethylenebisdithiocarb- amate).. Endothall (7-oxabicyclo-(2,2,1) heptane 2,3- Herbicide 0.2 Sugar beet. dicarboxylic acid).. Isopropyl carbanilate (IPC) ...... Herbicide 5.0 Hay of alfalfa, clover, and grass. 2.0 Alfalfa, clover, and grass. 0.1 Flaxseed, lentil, lettuce, pea, safflower seed, spin- ach, and sugar beet (roots and tops). 0.5 Egg; milk; and the meat fat, and meat byproducts of cattle, goat, hog, horse, poultry, and sheep. Isopropyl m-chlorocarbanilate (CIPC) ...... Herbicide 0.3 Spinach. 0.05 Milk; meat, fat, and meat byproducts of cattle, hog, horse, and sheep. Parathion (O,O-diethyl-O-p-nitrophenythiophos- Herbicide ... 0.5 Rye. phate) or its methyl homolog.. Pentachloronitrobenzene ...... Fungicide ... 1.0 Peanut. O=`xl' ...... 0.1 Beans, broccoli, Brussels sprouts, cabbage, cauli- flower, garlic, pepper, potato, and tomato.

§ 180.320 [Removed] ‘‘butternuts’’; ‘‘cashews’’; ‘‘chestnuts’’; qq. In § 180.350, by amending ll. By removing § 180.320. ‘‘crabapples’’; ‘‘filberts’’; ‘‘hazelnuts’’; paragraph (a) by adding a heading and ‘‘hickory nuts’’; ‘‘macadamia nuts’’; removing from the table therein the § 180.330 [Amended] ‘‘pears’’; ‘‘pecans’’; ‘‘pistachio nuts’’; entry for ‘‘cottonseed’’; removing the mm. By removing in § 180.330, ‘‘quinces’’; ‘‘rice, grain’’; ‘‘stone fruit’’; existing text under paragraph (b) and paragraph (a), the entries for and ‘‘walnuts’’; and by adding and reserving with a heading; and adding ‘‘blackberries’’; ‘‘raspberries’’; ‘‘peas’’; reserving with headings paragraphs (b), and reserving with headings paragraphs ‘‘peas, forage’’; ‘‘peas, hay’’; and (c), and (d) to read as follows: (c) and (d) to read as follows: ‘‘potatoes’’. nn. In § 180.341, by designating the § 180.346 Oxadiazon; tolerances for § 180.350 Nitrapyrin; tolerances for residues. existing text as paragraph (a), adding a residues. heading to newly designated paragraph (a) General. * * * a) General. * * * (a), by removing the phrase ‘‘0.15 part (b) Section 18 emergency exemptions (b) Section 18 emergency exemptions. per million (ppm) in or on’’ and the . [Reserved] [Reserved] (c) Tolerances with regional entries for ‘‘apricots’’; ‘‘caneberries (c) Tolerances with regional registrations . [Reserved] registrations. [Reserved] (blackberries, boysenberries, dewberries, (d) Indirect or inadvertent residues. loganberries; raspberries)’’; (d) Indirect or inadvertent residues. [Reserved] [Reserved] ‘‘cantaloupes’’; ‘‘cucumbers’’; pp. In § 180.349, by amending ‘‘gooseberries’’; ‘‘honeydew melons’’; paragraph (a) to add a heading and § 180.358 [Removed] ‘‘muskmelons’’; ‘‘nectarines’’; designating the text after the heading as rr. By removing § 180.358. ‘‘peaches’’; ‘‘pears’’; ‘‘pumpkins’’; paragraph (a)(1) and amending the table ‘‘summer squash’’; ‘‘watermelons’’; and therein by removing the entries for § 180.366 [Removed] ‘‘winter squash’’; and by adding and ‘‘cocoa beans’’ and ‘‘soybeans’’; by ss. By removing § 180.366. reserving with headings paragraphs (b), redesignating paragraph (b) as paragraph tt. In § 180.370, by designating the (c), and (d) to read as follows: (a)(2); by adding and reserving with existing text as paragraph (a), adding a heading to newly desginated paragraph § 180.341 2,4-Dinitro-6-octylphenyl heading new paragraph (b); by adding a crotonate and 2,6-dinitro-4- octylphenyl new heading to paragraph (c); and by (a) and amending the table therein by crotonate; tolerances for residues. adding and reserving with heading new removing the entry for ‘‘avocados’’; and by adding and reserving with headings (a) General. * * * paragraph (d) to read as follows: paragraphs (b), (c), and (d) to read as (b) Section 18 emergency exemptions. § 180.349 Ethyl 3-methyl-4- follows: [Reserved] (methylthio)phenyl (1-methylethyl) (c) Tolerances with regional phosphoroamidate; tolerances for residues. § 180.370 5-Ethoxy-3-(trichloromethyl)- registrations. [Reserved] (a) General. (1) * * * 1,2,4-thiadiazole; tolerances for residues. (d) Indirect or inadvertent residues. (2) * * * (a) General. * * * [Reserved] (b) Section 18 emergency exemptions. (b) Section 18 emergency exemptions. oo. In § 180.346, by designating the [Reserved] [Reserved] existing text as paragraph (a), adding a (c) Tolerances with regional (c) Tolerances with regional heading to newly designated paragraph registrations. * * * registrations. [Reserved] (a) and by removing the entries for (d) Indirect or inadvertent residues. (d) Indirect or inadvertent residues. ‘‘Brazil nuts’’; ‘‘bush nuts’’; [Reserved] [Reserved] Federal Register / Vol. 63, No. 206 / Monday, October 26, 1998 / Rules and Regulations 57077

§ 180.374 [Removed] ‘‘almonds’’; ‘‘almond, hulls’’; adding and reserving with headings uu. By removing § 180.374. ‘‘apricots’’; ‘‘peaches’’; and ‘‘plums paragraphs (b), (c), and (d) to read as vv. In § 180.385, by designating the (fresh prunes)’’; by redesignating follows: existing text as paragraph (a), adding a paragraph (b) as paragraph (c) and heading to newly designated paragraph adding a heading to newly designated § 180.416 Ethalfluralin; tolerances for residues. (a) and amending the table therein by paragraph (c); and by adding and removing the entries for ‘‘flaxseed’’ and reserving with headings paragraphs (b) (a) General. * * * ‘‘soybeans’’; and by adding and and (d) to read as follows: b) Section 18 emergency exemptions . reserving with headings paragraphs (b), [Reserved] § 180.410 1-(4-Chlorophenoxy)-3,3- (c), and (d) to read as follows: dimethyl-1(1H-1,2,4-triazol-1-yl)-2-butanone; (c) Tolerances with regional registrations. [Reserved] § 180.385 Diclofop-methyl; tolerances for tolerances for residues. residues. (a) General. * * * (d) Indirect or inadvertent residues. [Reserved] (a) General. * * * (b) Section 18 emergency exemptions. [Reserved] (b) Section 18 emergency exemptions PART 186Ð[AMENDED] . [Reserved] (c) Tolerances with regional registrations. * * * (c) Tolerances with regional 2.In part 186: (d) Indirect or inadvertent residues. registrations . [Reserved] a. The authority citation for part 186 (d) Indirect or inadvertent residues . [Reserved] zz. In § 180.416, by designating the continues to read as follows: [Reserved] existing text as paragraph (a) and adding Authority: 21 U.S.C. 348. § 180.386 [Removed] a heading, by removing in the table the § 186.2325 [Removed] ww. By removing § 180.386. entries for ‘‘cattle, fat’’, ‘‘cattle, meat’’, ‘‘cattle, mbyp’’, ‘‘eggs’’, ‘‘hogs, fat’’, b. By removing § 186.2325. § 180.387 [Removed] ‘‘hogs, meat’’, ‘‘hogs, mbyp’’, horses, § 186.3000 [Removed] xx. By removing § 180.387. fat’’, ‘‘horses, meat’’, ‘‘horses, mbyp’’, c. By removing § 186.3000. yy. In § 180.410, by amending ‘‘milk’’, ‘‘poultry, fat’’, ‘‘poultry, meat’’, paragraph (a) to add a heading and in ‘‘poultry, mbyp’’, ‘‘sheep, fat’’, ‘‘sheep, [FR Doc. 98–28485 Filed 10–23–98; 8:45 am] the table, by removing the entries for meat’’, and ‘‘sheep, mbyp’’, and by BILLING CODE 6560±50±F