[Federal Register Volume 69, Number 159 (Friday, October 8, 2004)]
[Proposed Rules]
[Pages 60320-60328]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-22584]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 9, 23, 163, 177, 178, 179, and 180

[OPP-2003-0176; FRL-7308-2]


Updating Generic Pesticide Chemical Tolerance Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: This action proposes to update the generic provisions in 40 
CFR parts 9, 23, 163, 177-180 pertaining to pesticide chemical 
tolerances and exemptions from the requirement of a tolerance under 
section 408 of the Federal Food, Drug, and Cosmetic Act. This update is 
necessary due to various changes made in the underlying statute by the 
Food Quality Protection Act of 1996. The proposed amendments are 
primarily procedural in nature.

DATES: Comments must be received on or before December 7, 2004.

ADDRESSES: Submit your comments, identified by docket ID number OPP-
2003-0176, by one of the following methods:
    <bullet> Federal eRulemaking Portal: http://www.regulations.gov/. 
Follow the on-line instructions for submitting comments.
    <bullet> Agency Website: http://www.epa.gov/edocket/. EDOCKET, 
EPA's electronic public docket and comment system, is EPA's preferred 
method for receiving comments. Follow the on-line instructions for 
submitting comments.
    <bullet> E-mail: Comments may be sent by e-mail to <a href="/cdn-cgi/l/email-protection#771807075a1318141c12033712071659101801"><span class="__cf_email__" data-cfemail="b3dcc3c39ed7dcd0d8d6c7f3d6c3d29dd4dcc5">[email protected]</span></a>, Attention: Docket ID Number OPP-2003-0176.
    <bullet> Mail: Public Information and Records Integrity Branch 
(PIRIB) (7502C), Office of Pesticide Programs (OPP), Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001, Attention: Docket ID Number OPP-2003-0176.
    <bullet> Hand Delivery: Public Information and Records Integrity 
Branch (PIRIB), Office of Pesticide Programs (OPP), Environmental 
Protection Agency, Rm. 119, Crystal Mall <greek-i>2, 1801 S. Bell St., 
Arlington, VA, Attention: Docket ID Number OPP-2003-0176. Such 
deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments to docket ID number OPP-2003-
0176. EPA's policy is that all comments received will be included in 
the public docket without change and may be made available online at 
http://www.epa.gov/edocket/, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through EDOCKET, 
regulations.gov, or e-mail. The EPA EDOCKET and the regulations.gov 
websites are ``anonymous access'' systems, which means EPA will not 
know your identity or contact information unless you provide it in the 
body of your comment. If you send an e-mail comment directly to EPA 
without going through EDOCKET or regulations.gov, your e-mail address

[[Page 60321]]

will be automatically captured and included as part of the comment that 
is placed in the public docket and made available on the Internet. If 
you submit an electronic comment, EPA recommends that you include your 
name and other contact information in the body of your comment and with 
any disk or CD ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses. For additional information about EPA's public 
docket visit EDOCKET on-line or see the Federal Register of May 31, 
2002 (67 FR 38102) (FRL-7181-7).
    Docket: All documents in the docket are listed in the EDOCKET index 
at http://www.epa.gov/edocket/. Although listed in the index, some 
information is not publicly available, i.e., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically in EDOCKET or in hard 
copy at the Public Information and Records Integrity Branch (PIRIB), 
Rm. 119, Crystal Mall <greek-i>2, 1801 S. Bell St., Arlington, VA. This 
docket facility is open from 8:30 a.m. to 4 p.m., Monday through 
Friday, excluding legal holidays. The Docket telephone number is (703) 
305-5805.

FOR FURTHER INFORMATION CONTACT: Jonathan Fleuchaus, Office of General 
Counsel, Mail code 2333A, Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; 
telephone number: (202) 564-5628; fax number: (202) 564-5644; e-mail 
address: <a href="/cdn-cgi/l/email-protection#88eee4edfdebe0e9fdfba6e2e7e6e9fce0e9e6c8edf8e9a6efe7fe"><span class="__cf_email__" data-cfemail="5d3b3138283e353c282e733732333c29353c331d382d3c733a322b">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you are an 
agricultural producer, food manufacturer, or pesticide manufacturer. 
Potentially affected entities may include, but are not limited to:
    <bullet> Crop production (NAICS 111)
    <bullet> Animal production (NAICS 112)
    <bullet> Food manufacturer (NAICS 311)
    <bullet> Pesticide manufacturer (NAICS 32532)
    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 unit could also be 
affected. The North American Industrial Classification System (NAICS) 
codes have been provided to assist you and others in determining 
whether this action might apply to certain entities. If you have any 
questions regarding the applicability of this action to a particular 
entity, consult the person listed under FOR FURTHER INFORMATION 
CONTACT.

B. How Can I Access Electronic Copies of this Document and Other 
Related Information?

    In addition to using EDOCKET (http://www.epa.gov/edocket/), you may 
access this Federal Register document electronically through the EPA 
Internet under the ``Federal Register'' listings at http://www.epa.gov/fedrgstr/. A frequently updated electronic version of 40 CFR is 
available at E-CFR Beta Site Two at http://www.gpoaccess.gov/ecfr/.

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

    1. Submitting CBI. Do not submit this information to EPA through 
EDOCKET, regulations.gov, or e-mail. Clearly mark the part or all of 
the information that you claim to be CBI. For CBI information in a disk 
or CD ROM that you mail to EPA, mark the outside of the disk or CD ROM 
as CBI and then identify electronically within the disk or CD ROM the 
specific information that is claimed as CBI. In addition to one 
complete version of the comment that includes information claimed as 
CBI, a copy of the comment that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments, 
remember to:
    i. Identify the rulemaking by docket ID number and other 
identifying information (subject heading, Federal Register date, and 
page number).
    ii. Follow directions. The Agency may ask you to respond to 
specific questions or organize comments by referencing a Code of 
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree, suggest alternatives, and 
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information 
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    vi. Provide specific examples to illustrate your concerns, and 
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period 
deadline identified.

II. Background

A. What Action is the Agency Taking?

    EPA is proposing to amend various sections of 40 CFR parts 9, 23, 
163, and 177-180 to make them consistent with the changes to section 
408 of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. 346a, 
contained in the Food Quality Protection Act of 1996 (FQPA).
    EPA is proposing to revoke 40 CFR part 163 in its entirety. Part 
163 addresses ``certifications of usefulness'' for pesticide chemicals. 
In amending section 408, the FQPA dropped all requirements pertaining 
to certifications of usefulness. EPA is proposing several general 
changes throughout parts 177-180. These changes are:
    1. Remove most references to FFDCA section 409. The FQPA 
consolidated FFDCA regulation of pesticides, for the most part, under 
FFDCA section 408. See 21 U.S.C. 346a(a)(1). Previously, pesticide 
residues in processed food were regulated, in part, under FFDCA section 
409. Most references in 40 CFR parts 177-180 to section 409 thus have 
become obsolete and are proposed to be removed. This includes 40 CFR 
part 177 in its entirety because it is devoted to providing procedures 
for establishing regulations under section 409.
    2. Remove most references to ``food additives.'' Because ``food 
additives'' are addressed by section 409 and not section 408, for 
similar reasons, most references to ``food additives'' are proposed to 
be removed. See 21 U.S.C. 348.
    3. Revise statutory cross-references where appropriate. In some 
instances, the FQPA moved various provisions in section 408 to 
different subsections. For example, the procedures pertaining to filing 
objections are now located in section 408(g) not section 408(d) as they 
were previously. These cross-references are proposed to be corrected.
    4. Remove provisions addressing advisory committees. Previously, 
section 408 had a provision permitting affected parties to request the 
formation of science advisory panels regarding tolerance actions. 
Because this provision was dropped by the FQPA, EPA is proposing to 
remove the implementing regulations.

[[Page 60322]]

    5. Remove provisions addressing the time requirements for acting on 
petitions. Previously, section 408 required action on petitions in 
certain timeframes. Because this provision was dropped by the FQPA, EPA 
is proposing to remove implementing regulations concerning these 
timeframes.
    6. Revise changed statutory time periods. In a few instances, the 
FQPA revised statutory time periods pertaining to actions concerning 
tolerances. For example, the period in which objections to final 
tolerance rules can be made was extended from 30 to 60 days. See 21 
U.S.C. 346a(g)(2). EPA is proposing to change its regulations to be 
consistent with the statute.
    7. Remove obsolete references to the ``Registration Division.'' 40 
CFR part 180 contains several references to the Registration Division 
of the Office of Pesticide Programs. Because tolerance activities are 
now divided among several divisions in the Office of Pesticide 
Programs, the references to the Registration Division may be confusing, 
and EPA is proposing to either replace these references with a 
reference to ``the Agency'' or simply delete them, as appropriate. 
Although this change is not directly responsive to the FQPA changes, 
the potential confusion that might be caused by the obsolete references 
was deemed important to correct at this time.
    8. Correct Agency addresses. 40 CFR 178.25(a)(5) and 180.33(m) 
currently list obsolete addresses for mailings to the Agency. These 
addresses are proposed to be corrected.
    Other changes involving individual sections include:
    1. 40 CFR 178.35. This provision addresses modification or 
revocation of a tolerance regulation on the basis of objections filed 
with the Agency. EPA is proposing to change the language in this 
section to track the language in new section 408(g)(2)(C). See 21 
U.S.C. 346a(g)(2).
    2. 40 CFR 180.1(f). The FQPA amended the provision addressing the 
manner in which pesticide chemical tolerances written for raw 
agricultural commodities apply to processed foods manufactured from 
those commodities. This provision is commonly referred to as the 
``flow-through'' provision because it generally legalizes residues in 
processed food that are not higher than the residue levels permitted in 
the raw agricultural commodity. See 21 U.S.C. 346a(a)(2). EPA is 
proposing to amend 40 CFR 180.1(f) to track the language in new section 
408(a)(2).
    EPA calls attention to the fact that one of the changes in the 
flow-through provision, and thus in the revised 40 CFR 180.1(f), is 
that it no longer focuses on whether processed food is ``ready to 
eat.'' For many years prior to the passage of the FQPA, EPA determined 
the need for processed food tolerances without regard to whether the 
processed food was ``ready to eat'' or not, despite statutory language 
specifying that the flow-through provision applied to ``ready to eat'' 
processed food. This led to the establishment of several processed food 
tolerances that were unnecessary because the tolerances were 
established on not ``ready to eat'' commodities and when these 
commodities underwent further processing to reach the ``ready to eat'' 
stage, residues declined below the raw agricultural commodity 
tolerance. Shortly before passage of the FQPA, EPA revoked several 
tolerances on not ``ready to eat'' processed foods on the ground they 
were not necessary given the existing raw agricultural commodity 
tolerance level and the level of residues present in the ``ready to 
eat'' processed food. As part of the tolerance reassessment process 
required by the FQPA, EPA will determine if such tolerances need to be 
reestablished and, if so, take steps to reinstate such tolerances. In 
the meantime, because section 408(j)(3) preserves the effectiveness of 
raw agricultural commodity tolerances in existence at the time of 
passage of the FQPA, EPA believes that the raw agricultural commodity 
tolerances corresponding to the revoked not ``ready to eat'' processed 
food tolerances should be enforced under the pre-FQPA ``flow-through'' 
provision thus not subjecting not ``ready to eat'' processed food to a 
changed regulatory environment. Otherwise, the effect of these raw 
agricultural commodity tolerances will not be maintained as specified 
by section 408(j)(3).
    3. 40 CFR 180.2. New section 408(k) mandates that pesticide 
chemicals regarded by the Administrator as generally recognized as safe 
(GRAS) shall be regarded as exempt from the requirement for a 
tolerance. This section further directs EPA to indicate, by regulation, 
which substances have been converted from GRAS to being covered by a 
tolerance exemption. 40 CFR 180.2 now contains a listing of GRAS 
substances. Pursuant to section 408(k), EPA is proposing in this action 
to create tolerance exemptions in separate sections of 40 CFR part 180 
for all but three of these substances (citric acid, fumaric acid, and 
sodium chloride). The remainder of 40 CFR 180.2, which contains 
procedures for obtaining GRAS status is proposed to be deleted. Citric 
acid, fumaric acid, and sodium chloride are the subject of a separate 
rulemaking intended to create tolerance exemptions for these substances 
in 40 CFR 180.950.
    4. 40 CFR 180.7. Three important, specific changes are proposed for 
40 CFR 180.7. First, it is proposed that this section be expanded from 
addressing tolerances just for raw agricultural commodities to 
tolerances for raw agricultural commodities and processed foods. This 
is consistent with the changes in the FQPA which expanded section 408 
to include pesticide chemical tolerances for processed foods. See 21 
U.S.C. 346a(a)(1). Second, EPA is proposing to expand the requirements 
pertaining to petition contents consistent with the expanded statutory 
language in the FQPA, including the requirement that the petition 
contain a summary. See 21 U.S.C. 346a(d)(2).
    Third, EPA is specifying that the full text of the petitioner's 
summary of its petition will be added to EPA's Electronic Public Docket 
(http://www.epa.gov/edocket) and requiring that a specific reference to 
the internet address for the summary be included in the Notice of 
Filing. To date, EPA has published the full text of the petitioner's 
summary in the Federal Register notice announcing the Notice of Filing. 
EPA is proposing to include the petitioner's summary in the Notice of 
Filing Federal Register notice through a reference and to publish the 
summary on its internet website because petition ``summaries'' have 
expanded, in many instances, well beyond the concept of a petition 
summary and could be better described as the petition itself. Rather 
than continue to add these lengthy documents to the Federal Register or 
attempt to influence how petitioners prepare such summaries, EPA 
believes that publication in the Electronic Public Docket on its 
internet website, with a reference to that internet site address in the 
Federal Register, conforms to the statute and provides the public with 
the greatest amount of information in a manner that is readily 
accessible.
    Other changes to 40 CFR 180.7 include: (1) Amending paragraph (b) 
to be in the form of a list of requirements for a petition rather than 
a model letter to the Registration Division; (2) amending paragraph (d) 
to drop now meaningless provisions pertaining to the date a petition is 
deemed to be filed; and (3) amending paragraph (e) to update the 
language regarding publication of a petitioner-provided summary of the 
petition.
    5. 40 CFR 180.29. Previously, FFDCA section 408 contained different 
procedures for pesticide registrants and other parties. 40 CFR 180.29, 
in part,

[[Page 60323]]

implemented the procedures for establishing tolerances pertaining to 
non-registrants. The new FFDCA section 408(d) requires all parties to 
follow the same petition process. See 21 U.S.C. 346a(d). EPA is 
proposing to remove the old procedures in 40 CFR 180.29 that have been 
dropped from the statute. Similar changes are proposed for 40 CFR 
180.32 addressing modification and revocation of tolerances.
    6. 40 CFR 180.30. The FQPA expanded and clarified the exclusive 
judicial review procedures under section 408. See 21 U.S.C. 346a(h). 
EPA is proposing to revise 40 CFR 180.30 to track the statutory changes 
regarding this topic.
    7. 40 CFR 180.31. The FQPA changed the procedures for establishing 
temporary tolerances for experimental use of pesticides under the 
Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. 136 et 
seq. See 21 U.S.C. 346a(r). EPA is proposing to modify 40 CFR 180.31 to 
reflect these statutory changes. In brief, the FQPA requires that 
temporary tolerances be established under the same procedures 
pertaining to all except emergency tolerances.
    8. 40 CFR 180.32. The language in 40 CFR 180.32 of the regulations 
is proposed to be modified to make it consistent with the FQPA. 
Existing 40 CFR 180.32 speaks in terms of ``amendment'' and ``repeal'' 
of tolerances, whereas the FQPA describes such actions as 
``modifications'' and ``revocations.''
    9. 40 CFR 23.10. The language in this section is proposed to be 
modified to conform the statutory citations to the new subsection in 
section 408 governing judicial review and to conform the language 
pertaining to reviewable actions to the language of section 408's 
revised judicial review provision.
    10. 40 CFR 9.1. Now obsolete 40 CFR parts 163 and 177 are proposed 
to be removed from the table in 40 CFR part 9.
    The Agency is also considering minor adjustments to 40 CFR part 180 
to accommodate recent legislation concerning pesticide registration and 
tolerance fees. See Pesticide Registration Improvement Act of 2003, 
Public Law 108-199 (HR 2673).

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

    These changes are being proposed under EPA's authority in FFDCA 
section 408(e)(1)(C) to establish general procedures and requirements 
to implement section 408.

III. Regulatory Assessment Requirements

    This proposed rule makes several changes in the EPA regulations 
governing pesticide tolerances and exemptions from tolerance. The 
amendments are procedural in nature and, for the most part, correct the 
CFR so that it is consistent with FFDCA section 408, as amended by the 
FQPA, and EPA's ongoing implementation of FFDCA. Other than making EPA 
regulations more accurate, these amendments are not expected to have 
any impact on regulated parties or the public. Accordingly, these 
amendments are not subject to review under Executive Order 12866, 
entitled Regulatory Planning and Review (58 FR 51735, October 4, 1993), 
as a significant regulatory action. Because this proposed rule has been 
exempted from review under Executive Order 12866 due to its lack of 
significance, this proposed rule is not subject to Executive Order 
13211, Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use (66 FR 28355, May 22, 2001). This proposed 
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).
    Since, as detailed above, these amendments will have no detrimental 
impact on regulated parties or the public, EPA certifies under the 
Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.) that the 
amendments will not have a significant impact on a substantial number 
of small entities. In addition, the Agency has determined that this 
action will not have a substantial direct effect on States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government, as specified in Executive Order 13132, entitled Federalism 
(64 FR 43255, August 10, 1999). Executive Order 13132 requires EPA to 
develop an accountable process to ensure ``meaningful and timely input 
by State and local officials in the development of regulatory policies 
that have federalism implications.'' ``Policies that have federalism 
implications'' is defined in the Executive Order to include regulations 
that have ``substantial direct effects on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government.'' This proposed rule is directed at pesticide manufacturers 
and others who seek to establish, modify, or revoke pesticide 
tolerances and exemptions, not States. This action does not alter the 
relationships or distribution of power and responsibilities established 
by Congress in the preemption provisions of section 408(n)(4) of the 
FFDCA. For these same reasons, the Agency has determined that this 
proposed 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 proposed rule 
will 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 proposed rule.

List of Subjects in 40 CFR Parts 9, 163, 177, 178, 179, 180

    Environmental protection, Administrative practice and procedure, 
Agricultural commodities, Pesticides

[[Page 60324]]

and pests, Reporting and recordkeeping requirements.


    Dated: September 20, 2004.
Susan B. Hazen,
Acting Assistant Administrator, Office of Prevention, Pesticides and 
Toxic Substances.
    Therefore, 40 CFR chapter I is amended as follows:

PART 9--[AMENDED]

    1. The authority citation for part 9 continues to read as follows:

    Authority: 7 U.S.C. 135 et seq., 136-136y; 15 U.S.C. 2001, 2003, 
2005, 2006, 2601-2671; 21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33 
U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318, 1321, 1326, 1330, 
1342, 1344, 1345 (d) and (e), 1361; E.O. 11735, 38 FR 21243, 3 CFR, 
1971-1975 Comp. p. 973; 42 U.S.C. 241, 242b, 243, 246, 300f, 300g, 
300g-1, 300g-2, 300g-3, 300g-4, 300g-5, 300g-6, 300j-1, 300j-2, 
300j-3, 300j-4, 300j-9, 1857 et seq., 6901-6992k, 7401-7671q, 7542, 
9601-9657, 11023, 11048.

Sec.  9.1  [Amended]

    2. Section 9.1 is amended by removing the entries and center 
headings for parts 163 and 177 in the table.

PART 23--[AMENDED]

    3. The authority citation for part 23 continues to read as follows:

    Authority: Clean Water Act, 33 U.S.C. 1361(a), 1369(b); Clean 
Air Act, 42 U.S.C. 7601(a)(1), 7607(b); Resource, Conservation and 
Recovery Act, 42 U.S.C. 6912(a), 6976; Toxic Substances Control Act, 
15 U.S.C. 2618; Federal Insecticide, Fungicide, and Rodenticide Act, 
7 U.S.C. 136n(b), 136w(a); Safe Drinking Water Act, 42 U.S.C. 300j-
7(a)(2), 300j-9(a); Atomic Energy Act, 42 U.S.C. 2201, 2239; Federal 
Food, Drug, and Cosmetic Act, 21 U.S.C. 371(a), 346a, 348; 28 U.S.C. 
2112(a), 2343, 2344.

    4. Section 23.10 is revised to read as follows:


Sec.  23.10  Timing of Administrator's action under the Federal Food, 
Drug, and Cosmetic Act.

    Unless the Administrator otherwise explicitly provides in a 
particular order, the time and date of the entry of a regulation issued 
under section 21 U.S.C. 346a(e)(1)(C), or any order issued under 21 
U.S.C. 346a(f)(1)(C) or 21 U.S.C. 346a(g)(2)(C), or any regulation that 
is the subject of such an order, shall, for purposes of 21 U.S.C. 
346a(h), be at 1 p.m. eastern time (standard or daylight, as 
appropriate) on the date that is for a Federal Register document, 2 
weeks after the date when the document is published in the Federal 
Register, or for any other document, 2 weeks after it is signed.

PART 163--[REMOVED]

    5. Part 163 is removed.

PART 177--[REMOVED]

    6. Part 177 is removed.

PART 178--[AMENDED]

    7. The authority citation for part 178 continues to read as 
follows:

    Authority: 21 U.S.C. 346a, 348, 371(a); Reorg. Plan No. 3 of 
1970.

    8. Section 178.20 is amended by revising paragraph (a) to read as 
follows:


Sec.  178.20   Right to submit objections and requests for a hearing.

    (a) On or before the 60th day after the date of publication in the 
Federal Register of an order under part 180 of this chapter 
establishing, modifying, or revoking a regulation, or denying all or 
any portion of a petition, a person adversely affected by such order or 
petition denial may submit, in accordance with Sec.  178.25, one or 
more written objections to the order (or to the action that is the 
subject of the order).
* * * * *
    9. Section 178.25 is amended by revising paragraphs (a)(7) and 
(b)(2) to read as follows:


Sec.  178.25  Form and manner of submission of objections.

    (a) * * *
    (7) Be received by the Hearing Clerk not later than the close of 
business of the 60th day following the date of the publication in the 
Federal Register of the order to which the objection is taken (or, if 
such 60th day is a Saturday, Sunday, or Federal holiday, not later than 
the close of business of the next government business day after such 
60th day).
* * * * *
    (b) * * *
    (2) For personal delivery, the Office of the Hearing Clerk is 
located at: Room 104, Crystal Mall <greek-i>2, 1801 S. Bell St., 
Arlington, VA.
    10. Section 178.35 is amended as follows:
    a. By revising paragraph (a).
    b. By revising ``rule'' to read ``order'' in paragraph (b).
    c. By revising the section heading.


Sec.  178.35   Modification or revocation of regulation or prior order.

    (a) If the Administrator determines upon review of an objection or 
request for hearing that the regulation or prior order in question 
should be modified or revoked, the Administrator will publish an order 
setting forth any revision to the regulation or prior order that the 
Administrator has found to be warranted.
* * * * *
    11. Section 178.37 is amended by revising the introductory text of 
paragraph (a) and paragraph (c) to read as follows:


Sec.  178.37   Order responding to objections on which a hearing was 
not requested or was denied.

    (a) The Administrator will publish in the Federal Register an order 
under FFDCA section 408(g)(2)(B) or section 408(g)(2)(C) setting forth 
the Administrator's determination on each denial of a request for a 
hearing, and on each objection submitted under Sec.  178.20 on which:
* * * * *
    (c) Each order published under paragraph (a) of this section must 
state its effective date.
    12. Section 178.65 is revised to read as follows:


Sec.  178.65  Judicial review.

    An order issued under Sec.  178.37 is final agency action 
reviewable in the courts as provided by FFDCA sections 408(h), as of 
the date of entry of the order, which shall be determined in accordance 
with Sec. Sec.  23.10 and 23.11 of this chapter. The failure to file a 
petition for judicial review within the period ending on the 60th day 
after the date of the entry of the order constitutes a waiver under 
FFDCA section 408(h) of the right to judicial review of the order and 
of any regulation promulgated by the order.

Sec.  178.70 [Amended]

    13. Section 178.70 is amended by removing paragraphs (a)(2) and 
(a)(3) and redesignating existing paragraphs (a)(4) through (a)(8) as 
paragraphs (a)(2) through (a)(6), respectively.

PART 179--[AMENDED]

    14. The authority citation for part 179 continues to read as 
follows:

    Authority: 21 U.S.C. 346a, 348, 371(a); Reorg. Plan No. 3 of 
1970.

Sec.  179.20 [Amended]

    15. Section 179.20(a)(3) is amended by removing the phrase ``Sec.  
177.81 or ''.

Sec.  179.24 [Amended]

    16. Section 179.24 is amended by removing ``177,'' and removing the 
comma after ``1978'' in paragraph (a).

[[Page 60325]]

Sec.  179.83  [Amended]

    17. Section 179.83 is amended by revising ``parts 177, or 180'' to 
read ``part 180'' in paragraph (a)(1).
    18. Section 179.91 is amended by revising paragraph (b) to read as 
follows:


Sec.  179.91  Burden of going forward; burden of persuasion.

* * * * *
    (b) The party or parties who contend that a regulation satisfies 
the criteria of section 408 of the FFDCA has the burden of persuasion 
in the hearing on that issue, whether the proceeding concerns the 
establishment, modification, or revocation of a tolerance or exemption 
from the requirement for a tolerance.


Sec.  179.125  [Amended]

    19. Section 179.125 is amended by revising ``408(i) or 409(g)(1)'' 
wherever it appears to read ``408(h)'' in paragraph (a).


Sec.  179.130  [Amended]

    20. Section 179.130 is amended by removing paragraphs (a)(2) and 
(a)(3) and redesignating existing paragraphs (a)(4) through (a)(12) as 
paragraphs (a)(2) through (a)(10), respectively.

PART 180--[AMENDED]

    21. The authority citation for part 180 continues to read as 
follows:

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

    22. Section 180.1 is amended by removing paragraph (d), 
redesignating existing paragraphs (e) through (p) as paragraphs (d) 
through (o), respectively, and revising newly designated paragraph (e) 
to read as follows:


Sec.  180.1  Definitions and interpretations.

* * * * *
    (e) Where a raw agricultural commodity bearing a pesticide chemical 
residue that has been exempted from the requirement of a tolerance, or 
which is within a tolerance permitted under section 408, is used in 
preparing a processed food, the processed food will not be considered 
unsafe within the meaning of sections 402 and 408(a), despite the lack 
of a tolerance or exemption for the pesticide chemical residue in the 
processed food, if:
    (1) The pesticide chemical has been used in or on the raw 
agricultural commodity in conformity with a tolerance under this 
section;
    (2) The pesticide chemical residue has been removed to the extent 
possible in good manufacturing practice; and
    (3) The concentration of the pesticide chemical residue in the 
processed food is not greater than the tolerance prescribed for the 
pesticide chemical residue on the raw agricultural commodity.
* * * * *


Sec.  180.2  [Removed]

    23. Section 180.2 is removed.
    24. The undesignated center heading that precedes Sec.  180.7 and 
Sec.  180.7 are revised to read as follows:

Procedure for Filing Petitions Seeking the Establishment, 
Modification, or Revocation of Tolerances or Exemptions


Sec.  180.7  Petitions proposing tolerances or exemptions for pesticide 
residues in or on raw agricultural commodities or processed foods.

    (a) Petitions to be filed with the Agency under the provisions of 
section 408(d) shall be submitted in duplicate. If any part of the 
material submitted is in a foreign language, it shall be accompanied by 
an accurate and complete English translation. The petition shall be 
accompanied by an advance deposit for fees described in Sec.  180.33. 
The petition shall state the petitioner's mail address to which notice 
of objection under section 408(g)(2) may be sent. The petition must be 
signed by the petitioner or by his attorney or agent, or (if a 
corporation) by an authorized official.
    (b) Petitions shall include the following information:
    (1) An informative summary of the petition and of the data, 
information, and arguments submitted or cited in support of the 
petition. Both a paper and electronic copy of the summary should be 
submitted. The electronic copy should be formatted according to the 
Office of Pesticide Programs' current standard for electronic data 
submission as specified at http://www.epa.gov/oppfead1/eds/edsgoals.htm.
    (2) A statement that the petitioner agrees that such summary or any 
information it contains may be published as a part of the notice of 
filing of the petition to be published under section 408(d)(3) and as a 
part of a proposed or final regulation issued under section 408.
    (3) The name, chemical identity, and composition of the pesticide 
chemical residue and of the pesticide chemical that produces the 
residue.
    (4) Data showing the recommended amount, frequency, method, and 
time of application of the pesticide chemical.
    (5) Full reports of tests and investigations made with respect to 
the safety of the pesticide chemical, including full information as to 
the methods and controls used in conducting those tests and 
investigations.
    (6) Full reports of tests and investigations made with respect to 
the nature and amount of the pesticide chemical residue that is likely 
to remain in or on the food, including a description of the analytical 
methods used. (See Sec.  180.34 for further information about residue 
tests.)
    (7) Proposed tolerances for the pesticide chemical residue if 
tolerances are proposed.
    (8) Practicable methods for removing any amount of the residue that 
would exceed any proposed tolerance.
    (9) A practical method for detecting and measuring the levels of 
the pesticide chemical residue in or on the food, or for exemptions, a 
statement why such a method is not needed.
    (10) If the petition relates to a tolerance for a processed food, 
reports of investigations conducted using the processing method(s) used 
to produce that food.
    (11) Such information as the Administrator may require to make the 
determination under section 408(b)(2)(C).
    (12) Such information as the Administrator may require on whether 
the pesticide chemical may have an effect in humans that is similar to 
an effect produced by a naturally occurring estrogen or other endocrine 
effects.
    (13) Information regarding exposure to the pesticide chemical 
residue due to any tolerance or exemption already granted for such 
residue.
    (14) Information concerning any maximum residue level established 
by the Codex Alimentarius Commission for the pesticide chemical residue 
addressed in the petition. If a Codex maximum residue level has been 
established for the pesticide chemical residue and the petitioner does 
not propose that this level be adopted, a statement explaining the 
reasons for this departure from the Codex level.
    (15) Such other data and information as the Administrator requires 
by regulation to support the petition.
    (16) Reasonable grounds in support of the petition.
    (c) The data specified under paragraphs (b)(1) through (b)(16) of 
this section should be on separate sheets or sets of sheets, suitably 
identified. If such data have already been submitted with an earlier 
application, the present petition may incorporate it by reference to 
the earlier one.
    (d) Except as noted in paragraph (e) of this section, a petition 
shall not be

[[Page 60326]]

accepted for filing if any of the data prescribed by section 408(d) are 
lacking or are not set forth so as to be readily understood. The 
availability to the public of information provided to, or otherwise 
obtained by, the Agency under this part shall be governed by part 2 of 
this chapter. The Administrator shall make the full text of the summary 
referenced in paragraph (b)(1) of this section available to the public 
in the Environmental Protection Agency Electronic Docket at http://www.epa.gov/edocket no later than publication in the Federal Register 
of the notice of the petition filing.
    (e) The Administrator shall notify the petitioner within 15 days 
after its receipt of acceptance or nonacceptance of a petition, and if 
not accepted the reasons therefor. If petitioner desires, the 
petitioner may supplement a deficient petition after notification as to 
deficiencies. If the petitioner does not wish to supplement or explain 
the petition and requests in writing that it be filed as submitted, the 
petition shall be filed and the petitioner so notified.
    (f) A notice of the filing of a petition for a pesticide chemical 
residue tolerance that the Administrator determines has met the 
requirements of paragraph (b) of this section shall be published in the 
Federal Register by the Administrator within 30 days after such 
determination. The notice shall state the name of the pesticide 
chemical residue and the commodities for which a tolerance is sought 
and announce the availability of a description of the analytical 
methods available to the Administrator for the detection and 
measurement of the pesticide chemical residue with respect to which the 
petition is filed or shall set forth the petitioner's statement of why 
such a method is not needed. The notice shall explicitly reference the 
specific address in the Agency's Electronic Docket (http://www.epa.gov/edocket) where the full text of the summary required in paragraph (b) 
of this section and refer interested parties to this document for 
further information on the petition. The full text of the summary may 
be omitted from the notice.
    (g) The Administrator may request a sample of the pesticide 
chemical at any time while a petition is under consideration. The 
Administrator shall specify in its request for a sample of the 
pesticide chemical, a quantity which it deems adequate to permit tests 
of analytical methods used to determine residues of the pesticide 
chemical and of methods proposed by the petitioner for removing any 
residues of the chemical that exceed the tolerance proposed.
    (h) The Administrator shall determine, in accordance with the Act, 
whether to issue an order that establishes, modifies, or revokes a 
tolerance regulation (whether or not in accord with the action proposed 
by the petitioner), or whether to publish a proposed tolerance 
regulation and request public comment thereon under Sec.  180.29. The 
Administrator shall publish in the Federal Register such order or 
proposed regulation. After receiving comments on any proposed 
regulation, the Administrator may issue an order that establishes, 
modifies, or revokes a tolerance regulation. An order published under 
this section shall describe briefly how to submit objections and 
requests for a hearing under part 178 of this chapter. A regulation 
issued under this section shall be effective on the date of publication 
in the Federal Register unless otherwise provided in the regulation.
    25. Section 180.8 is revised to read as follows:


Sec.  180.8   Withdrawal of petitions without prejudice.

    In some cases the Administrator will notify the petitioner that the 
petition, while technically complete, is inadequate to justify the 
establishment of a tolerance or the tolerance requested by petitioner. 
This may be due to the fact that the data are not sufficiently clear or 
complete. In such cases, the petitioner may withdraw the petition 
pending its clarification or the obtaining of additional data. This 
withdrawal may be without prejudice to a future filing. A deposit for 
fees as specified in Sec.  180.33 shall accompany the resubmission of 
the petition.
    26. Section 180.9 is revised to read as follows:


Sec.  180.9  Substantive amendments to petitions.

    After a petition has been filed, the petitioner may submit 
additional information or data in support thereof, but in such cases 
the petition will be given a new filing date.


Sec. Sec.  180.10, 180.11 and 180.12  [Removed]

    27. Sections 180.10, 180.11 and 180.12 are removed.
    28. The undesignated center heading that precedes Sec.  180.29, and 
Sec.  180.29 are revised to read as follows:

Establishment, Modification, and Revocation of Tolerance on 
Initiative of Administrator; Judicial Review; Temporary Tolerances; 
Modification and Revocation of Tolerances; Fees


Sec.  180.29   Establishment, modification, and revocation of tolerance 
on initiative of Administrator.

    (a) Upon the Administrator's own initiative, the Administrator may 
propose, under section 408(e) of the Federal Food, Drug, and Cosmetic 
Act, the issuance of a regulation establishing a tolerance for a 
pesticide chemical or exempting it from the necessity of a tolerance, 
or a regulation modifying or revoking an existing tolerance or 
exemption.
    (b) The Administrator shall provide a period of not less than 60 
days for persons to comment on the proposed regulation, except that a 
shorter period for comment may be provided if the Administrator for 
good cause finds that it would be in the public interest to do so and 
states the reasons for the finding in the notice of proposed 
rulemaking.
    (c) After reviewing any timely comments received, the Administrator 
may by order establish, modify, or revoke a tolerance regulation, which 
order and regulation shall be published in the Federal Register. An 
order published under this section shall state that persons may submit 
objections and requests for a hearing in the manner described in part 
178 of this chapter.
    (d) Any final regulation issued under this section shall be 
effective on the date of publication in the Federal Register unless 
otherwise provided in the regulation.
    29. Section 180.30 is revised to read as follows:


Sec.  180.30   Judicial review.

    (a) Under section 408(h) of the FFDCA, judicial review is available 
in the United States Courts of Appeal as to the following actions:
    (1) Regulations establishing general procedures and requirements 
under FFDCA section 408(e)(1)(C).
    (2) Orders issued under FFDCA section 408(f)(1)(C) requiring the 
submission of data.
    (3) Orders issued under FFDCA section 408(g)(2)(C) ruling on 
objections to establishment, modification, or revocation of a tolerance 
or exemption under FFDCA section 408(d)(4), or any regulation that is 
the subject of such an order. The underlying action here is Agency 
disposition of a petition seeking the establishment, modification, or 
revocation of a tolerance or exemption.
    (4) Orders issued under FFDCA section 408(g)(2)(C) ruling on 
objections

[[Page 60327]]

to the denial of a petition under FFDCA section 408(d)(4).
    (5) Orders issued under FFDCA section 408(g)(2)(C) ruling on 
objections to the establishment, modification, suspension, or 
revocation of a tolerance or exemption under FFDCA section 408(e)(1)(A) 
or (e)(1)(B). The underlying action here is the establishment, 
modification, suspension, or revocation of a tolerance or exemption 
upon the initiative of EPA including EPA actions pursuant to FFDCA 
sections 408(b)(2)(B)(v), 408(b)(2)(E)(ii), 408(d)(4)(C)(ii), 
408(l)(4), and 408(q)(1).
    (6) Orders issued under FFDCA section 408(g)(2)(C) ruling on 
objections to the revocation or modification of a tolerance or 
exemption under FFDCA section 408(f)(2) for noncompliance with 
requirements for the submission of data.
    (7) Orders issued under FFDCA section 408(g)(2)(C) ruling on 
objections to rules issued under FFDCA sections 408(n)(3) and 408(d) or 
(e) regarding determinations pertaining to State authority to establish 
regulatory limits on pesticide chemical residues.
    (8) Orders issued under FFDCA section 408(g)(2)(C) ruling on 
objections to orders issued under FFDCA section 408(n)(5)(C) 
authorizing States to establish regulatory limits not identical to 
certain tolerances or exemptions.
    (b) Any issue as to which review is or was obtainable under 
paragraph (a) of this section shall not be the subject of judicial 
review under any other provision of law. In part, this means that, for 
the Agency actions subject to the objection procedure in FFDCA section 
408(g)(2), judicial review is not available unless an adversely 
affected party exhausts these objection procedures, and any petition 
procedures preliminary thereto.
    30. Section 180.31 is revised to read as follows:


Sec.  180.31  Temporary tolerances.

    (a) A temporary tolerance (or exemption from a tolerance) 
established under the authority of section 408(r) of the Act shall be 
deemed to be a tolerance (or exemption from the requirement of a 
tolerance) for the purposes of section 408(a)(1) or (a)(2) of the Act 
and for the purposes of Sec.  180.30.
    (b) A request for a temporary tolerance or a temporary exemption 
from a tolerance by a person who has obtained or is seeking an 
experimental permit for a pesticide chemical under the Federal 
Insecticide, Fungicide, and Rodenticide Act shall be accompanied by 
such data as are available on subjects outlined in Sec.  180.7(b) and 
an advance deposit to cover fees as provided in Sec.  180.33.
    (c) To obtain a temporary tolerance, a requestor must comply with 
the petition procedures specified in FFDCA section 408(d) and Sec.  
180.7 except as provided in this section.
    (d) A temporary tolerance or exemption from a tolerance may be 
issued for a period designed to allow the orderly marketing of the raw 
agricultural commodities produced while testing a pesticide chemical 
under an experimental permit issued under authority of the Federal 
Insecticide, Fungicide, and Rodenticide Act if the Administrator 
concludes that the safety standard in FFDCA section 408(b)(2) or (c), 
as applicable, is met. Subject to the requirements of section 408(e), a 
temporary tolerance or exemption from a tolerance may be revoked if the 
experimental permit is revoked, or may be revoked at any time if it 
develops that the application for a temporary tolerance contains a 
misstatement of a material fact or that new scientific data or 
experience with the pesticide chemical indicates that it does not meet 
the safety standard in FFDCA section 408(b)(2) or (c), as applicable.
    (e) Conditions under which a temporary tolerance is established 
shall include:
    (1) A limitation on the amount of the chemical to be used on the 
designated crops permitted under the experimental permit.
    (2) A limitation for the use of the chemical on the designated 
crops to bona fide experimental use by qualified persons as indicated 
in the experimental permit.
    (3) A requirement that the person or firm which obtains the 
experimental permit for which the temporary tolerance is established 
will immediately inform the Environmental Protection Agency of any 
reports on findings from the experimental use that have a bearing on 
safety.
    (4) A requirement that the person or firm which obtained the 
experimental permit for which the temporary tolerance is established 
will keep records of production, distribution, and performance for a 
period of 2 years and, on request, at any reasonable time, make these 
records available to any authorized officer or employee of the 
Environmental Protection Agency.
    31. Section 180.32 is revised to read as follows:


Sec.  180.32  Procedure for modifying and revoking tolerances or 
exemptions from tolerances.

    (a) The Administrator on his/her own initiative may propose the 
issuance of a regulation modifying or revoking a tolerance for a 
pesticide chemical residue on raw agricultural commodities or processed 
foods or modifying or revoking an exemption from tolerance for such 
residue.
    (b) Any person may file with the Administrator a petition proposing 
the issuance of a regulation modifying or revoking a tolerance or 
exemption from a tolerance for a pesticide chemical residue. The 
petition shall furnish reasonable grounds for the action sought. 
Reasonable grounds shall include an explanation showing wherein the 
person has a substantial interest in such tolerance or exemption from 
tolerance and an assertion of facts (supported by data if available) 
showing that new uses for the pesticide chemical have been developed or 
old uses abandoned, that new data are available as to toxicity of the 
chemical, or that experience with the application of the tolerance or 
exemption from tolerance may justify its modification or revocation. 
Evidence that a person has registered or has submitted an application 
for the registration of an pesticide under the Federal Insecticide, 
Fungicide, and Rodenticide Act will be regarded as evidence that the 
person has a substantial interest in a tolerance or exemption from the 
requirement of a tolerance for a pesticide chemical that consists in 
whole or in part of the pesticide. New data should be furnished in the 
form specified in Sec.  180.7(b) for submitting petitions, as 
applicable.
    (c) The procedures for completing action on an Administrator-
initiated proposal or a petition shall be those specified in Sec. Sec.  
180.29 and 180.7, as applicable.
    32. Section 180.33 is amended as follows:
    a. In paragraphs (a), (b), (c), and (h) remove the phrase ``or 
request''.
    b. Remove paragraph (j) and redesignate existing paragraphs (k) 
through (p) as paragraphs (j) through (o), respectively.
    c. In newly designated paragraph (j) revise ``408(d)(5) or (e)'' to 
read ``408(h)''.
    d. In newly designated paragraph (l) remove the phrase 
``Registration Division (7505C),''.
    e. In newly designated paragraph (m) remove the phrase 
``Registration Division, (7505C),''.
    f. Revise paragraph (f) and the third sentence of newly designated 
paragraph (l) to read as follows:


Sec.  180.33  Fees.

* * * * *
    (f) Each petition for revocation of a tolerance shall be 
accompanied by a fee

[[Page 60328]]

of $10,125. Such fee is not required when, in connection with the 
change sought under this paragraph, a petition is filed for the 
establishment of new tolerances to take the place of those sought to be 
revoked and a fee is paid as required by paragraph (a) of this section.
* * * * *
    (l) * * * A fee of $2,025 shall accompany every request for a 
waiver or refund, as specified in paragraph (m) of this section, except 
that the fee under this paragraph shall not be imposed on any person 
who has no financial interest in any action requested by such person 
under paragraphs (a) through (j) of this section. * * *
* * * * *
    33. Section 180.40 is amended by revising the last sentence in 
paragraph (f) to read as follows:


Sec.  180.40  Tolerances for crop groups.

* * * * *
    (f) * * * Processing data will be required prior to establishment 
of a group tolerance, and tolerances will not be granted on a group 
basis as to processed foods prepared from crops covered by the group 
tolerance.
* * * * *
    34. Section 180.1229 is added to subpart D to read as follows:


Sec.  180.1229  Benzaldehyde; exemption from the requirement of a 
tolerance.

    An exemption from the requirement of a tolerance is established for 
residues of benzaldehyde when used as a bee repellant in the harvesting 
of honey.
    35. Section 180.1230 is added to subpart D to read as follows:


Sec.  180.1230  Ferrous sulfate; exemption from the requirement of a 
tolerance.

    An exemption from the requirement of a tolerance is established for 
residues of ferrous sulfate.
    36. Section 180.1231 is added to subpart D to read as follows:


Sec.  180.1231  Lime; exemption from the requirement of a tolerance.

    An exemption from the requirement of a tolerance is established for 
residues of lime.
    37. Section 180.1232 is added to subpart D to read as follows:


Sec.  180.1232  Lime-sulfur; exemption from the requirement of a 
tolerance.

    An exemption from the requirement of a tolerance is established for 
residues of lime-sulfur.
    38. Section 180.1233 is added to subpart D to read as follows:


Sec.  180.1233  Potassium sorbate; exemption from the requirement of a 
tolerance.

    An exemption from the requirement of a tolerance is established for 
residues of potassium sorbate.
    39. Section 180.1234 is added to subpart D to read as follows:


Sec.  180.1234  Sodium carbonate; exemption from the requirement of a 
tolerance.

    An exemption from the requirement of a tolerance is established for 
residues of sodium carbonate.
    40. Section 180.1235 is added to subpart D to read as follows:


Sec.  180.1235  Sodium hypochlorite; exemption from the requirement of 
a tolerance.

    An exemption from the requirement of a tolerance is established for 
residues of sodium hypochlorite.
    41. Section 180.1236 is added to subpart D to read as follows:


Sec.  180.1236  Sulfur; exemption from the requirement of a tolerance.

    An exemption from the requirement of a tolerance is established for 
residues of sulfur.
    42. Section 180.1237 is added to subpart D to read as follows:


Sec.  180.1237  Sodium metasilicate; exemption from the requirement of 
a tolerance.

    An exemption from the requirement of a tolerance is established for 
residues of sodium metasilicate when used as plant desiccants, so long 
as the metasilicate does not exceed 4% by weight in aqueous solution.
    43. Section 180.1238 is added to subpart D to read as follows:


Sec.  180.1238  Oil of lemon; exemption from the requirement of a 
tolerance.

    An exemption from the requirement of a tolerance is established for 
residues of oil of lemon when used as a postharvest fungicide.
    44. Section 180.1239 is added to subpart D to read as follows:


Sec.  180.1239  Oil of orange; exemption from the requirement of a 
tolerance.

    An exemption from the requirement of a tolerance is established for 
residues of oil of orange when used as a postharvest fungicide.

[FR Doc. 04-22584 Filed 10-7-04; 8:45 am]
BILLING CODE 6560-50-S


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