[Federal Register Volume 62, Number 242 (Wednesday, December 17, 1997)]
[Rules and Regulations]
[Pages 66020-66026]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-32788]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 180, 185 and 186

[OPP-300503A; FRL-5753-1]
RIN 2070-AB78


Revocation of Tolerances for Commodities No Longer Regulated for 
Pesticide Residues and Other Actions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This rule revokes tolerances for pesticide residues in or on 
livestock feed commodities that have been deleted from the list of 
significant livestock feed commodities in Table I of Pesticide 
Assessment Guideline 860.1000. In implementing the Federal Food, Drug, 
and Cosmetic Act (FFDCA), EPA does not require data on or set 
individual tolerance levels for minor, non-significant livestock animal 
commodities. As explained in this document, EPA considers residues in 
minor, non-significant livestock feed commodities to be covered by the 
tolerances for the pesticide on the principal commodities of a crop.
DATES: This final rule becomes effective January 16, 1998. Written 
objections and requests for hearing must be received by February 17, 
1998.

ADDRESSES: Written objections and hearing requests, identified by the 
docket control number, [OPP-300503A], may be submitted to: Hearing 
Clerk (1900), Environmental Protection Agency, Rm. M3708, 401 M St., 
SW., Washington, DC 20460. Fees accompanying objections and hearing 
requests shall be labeled ``Tolerance Petition Fees'' and forwarded to: 
EPA Headquarters Accounting Operations Branch, OPP (Tolerance Fees), 
P.O. Box 360277M, Pittsburgh, PA 15251. A copy of any objections and 
hearing requests filed with the Hearing Clerk should be identified by 
the document control number and submitted to: Public Information and 
Records Integrity Branch, Information Resources and Services (7506C), 
Office of Pesticide Programs, Environmental Protection Agency, 401 M 
St., SW., Washington, DC 20460. In person, bring copy of objections and 
hearing requests to: Rm. 1132, CM #2, 1921 Jefferson Davis Hwy., 
Arlington, VA 22202.
    A copy of objections and hearing requests filed with the Hearing 
Clerk may also be submitted electronically by sending electronic mail 
(e-mail) to: <a href="/cdn-cgi/l/email-protection#cfa0bfbfe2aba0aca4aabb8faabfaea2aea6a3e1aabfaee1a8a0b9"><span class="__cf_email__" data-cfemail="c4abb4b4e9a0aba7afa1b084a1b4a5a9a5ada8eaa1b4a5eaa3abb2">[email protected]</span></a>. Copies of objections and 
hearing requests must be

[[Page 66021]]

submitted as an ASCII file avoiding the use of special characters and 
any form of encryption. Copies of objections and hearing requests will 
also be accepted on disks in WordPerfect in 5.1/6.1 or ASCII file 
format. All copies of objections and hearing requests in electronic 
form must be identified by the docket control number [OPP-300503A]. No 
Confidential Business Information (CBI) should be submitted through e-
mail. Electronic copies of objections and hearing requests on this rule 
may be filed online at many Federal Depository Libraries.

FOR FURTHER INFORMATION CONTACT: By mail: Jeff Morris, Special Review 
and Reregistration Division (7508W), Environmental Protection Agency, 
401 M St., SW., Washington, DC 20460. Office location, telephone number 
and e-mail address: Special Review Branch, Crystal Station #1, 3rd 
floor, 2800 Crystal Drive, Arlington, VA 22202. Telephone: (703) 308-
8029; e-mail: <a href="/cdn-cgi/l/email-protection#81eceef3f3e8f2afebe4e7e7f3e4f8c1e4f1e0ece0e8edafe4f1e0afe6eef7"><span class="__cf_email__" data-cfemail="cda0a2bfbfa4bee3a7a8ababbfa8b48da8bdaca0aca4a1e3a8bdace3aaa2bb">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

 I. Legal Authority

    The Federal Food, Drug, and Cosmetic Act (FFDCA, 21 U.S.C. 301 et 
seq., as amended by the Food Quality Protection Act of 1996, Pub. L. 
104-170) authorizes the establishment of tolerances (maximum residue 
levels), exemptions from the requirement of a tolerance, modifications 
in tolerances, and revocation of tolerances for residues of pesticide 
chemicals in or on raw agricultural commodities and processed foods 
pursuant to section 408 of the FFDCA (21 U.S.C. 346(a), as amended). 
Without a tolerance or exemption, food containing pesticide residues is 
considered to be unsafe and therefore ``adulterated'' under section 
402(a) of the FFDCA, and hence may not legally be moved in interstate 
commerce (21 U.S.C. 342). For a pesticide to be sold and distributed, 
the pesticide must not only have appropriate tolerances or exemptions 
under the FFDCA, but also must be registered under section 3 of the 
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA, 7 U.S.C. 
136a(3)(a)). '

II. Regulatory Background

A. Revisions to Table I

    Most agricultural crops and their corresponding raw agricultural 
and processed commodities can be, and are, fed to livestock. EPA, 
however, only requires pesticide residue data on, and sets individual 
tolerances for, significant livestock feed commodities. EPA considers a 
livestock feed commodity to be significant if it has the potential to 
contribute to the human diet (through the consumption of livestock 
commodities) more than a negligible quantity of pesticide residue. 
EPA's listing of significant food and feed commodities (raw and 
processed) can be found in Table I of Guideline 860.1000. Because of 
minor nomenclature variations, the tolerances as written in 40 CFR may 
not coincide precisely with the commodity names as listed in Table I.
    EPA revised Table I (formerly Table II) in June of 1994 because of 
the significant changes in agricultural, processing, and feeding 
practices that had occurred over the past decade. The June 1994 update 
was further revised in September of 1995 in order to reflect the most 
recent data and to address comments received in response to the June 
1994 update. This September 1995 revision of table I resulted in the 
removal of numerous commodities from the table. Data used to update 
Table I came from such sources as Office of Pesticide Programs'(OPP) 
files, the U.S. Department of Agriculture (USDA), academia, industry, 
and trade associations throughout the United States.
    In the June 1994 revisions, EPA used the following criteria to 
decide what feedstuffs are considered ``significant:'' (1) The annual 
U.S. production of a particular raw agricultural commodity (RAC) (e.g., 
wheat grain, or wheat straw) is greater than or equal to 250,000 tons 
and the maximum amount in the livestock diet is greater than or equal 
to 10 percent, or (2) the commodity is grown mainly as a feedstuff. 
(Processed commodities with less than 250,000 tons annual U.S. 
production were considered significant feeds in the 1994 revisions if 
the RAC from which they were derived exceeded 250,000 tons.) For the 
September 1995 revisions to Table I, EPA, in response to comments and 
in consultation with USDA and industry representatives, amended the 
criteria as follows: The amount of a commodity (raw agricultural or 
processed) produced or diverted for use as a feedstuff is at least 0.04 
percent of the total annual tonnage of all feedstuffs available for 
livestock utilization in the United States. For feedstuffs less than 
0.04 percent of the total estimated annual tonnage of all feedstuffs 
available, the 1995 revisions stated that those feedstuff are to be 
included in Table I, and therefore considered to be significant, if: 
(a) The feedstuff is listed and routinely traded on the commodities 
exchange markets; (b) there is regional production, seasonal 
considerations, or an incident history for use of the feedstuff or (c) 
the feedstuff is grown exclusively for livestock feeding in quantities 
greater than 10,000 tons (0.0015 percent of the total estimated annual 
tonnage of all feedstuffs available in the United States). EPA 
determined that any livestock feed commodities that met these criteria 
for exclusion from the list of significant feed commodities were likely 
to contribute no greater than a negligible amount of pesticide residue 
to the human diet. Moreover, EPA believes that the residue contribution 
from livestock feed commodities judged to be insignificant will 
contribute a negligible amount of pesticide residue to the human diet 
relative to the residues contributed by other portions of the same 
crop.
    EPA expects that Table I after being revised based on the above 
criteria, now accounts for greater than 99 percent of the available 
tonnage (on a dry-matter basis) of feedstuffs used in the domestic 
production of greater than 95 percent of beef and dairy cattle, 
poultry, swine, milk, and eggs.

B. Proposed Revocations

    EPA published a proposed rule to revoke the tolerances listed in 
this document on July 2, 1997 (62 FR 35760) (FRL-5722-3). EPA proposed 
these revocations because the livestock feed commodities associated 
with the tolerances have been removed from Table I of Pesticide 
Assessment Guideline 860.1000.

C. Comments and Corrections

    EPA received one comment from the California Citrus Quality Council 
in support of the proposed rule. In addition, EPA became aware that the 
proposed rule was in error by proposing to remove peppermint hay and 
spearmint hay wherever they appear in 40 CFR part 180, because mint hay 
is used in the production of mint commodities and is not a livestock 
feed item. Rather, only references to ``spent mint hay'' should be 
removed from part 186, since spent mint hay is a commodity that EPA no 
longer considers to be a significant livestock feed item. In addition, 
EPA noted that the references to the removal of the term ``peanut 
hulls'' from Secs. 180.230 and 180.236 are duplicative of the proposal 
to delete ``peanut hulls'' from wherever the term appears in part 180. 
These corrections have been made to the regulatory text of this 
document.

III. Final Action

    This rule revokes the tolerances listed herein. Each of the 
tolerances revoked are for specific livestock feed items dropped from 
Table I due to a

[[Page 66022]]

determination that they were not a significant livestock feed 
commodity.
    It is not EPA's intention that these revocations should have the 
effect of rendering the affected commodities adulterated due to the 
absence of a tolerance. Rather, EPA interprets its tolerance regulation 
for the principal RAC as covering any insignificant livestock feed 
commodities (i.e. those not on Table I) of that crop as provided below. 
Pesticide residues in an insignificant livestock feed commodity would 
be in compliance with the tolerance for the RAC of the same crop if the 
residues in the RAC from which the feedstuff is derived or with which 
it is associated (e.g., straw harvested at the same crop stage as 
grain, the RAC) are at or below the appropriate tolerance level. If no 
information is available regarding the residue level in the RAC from 
which the feedstuff is derived or with which it is associated, then 
pesticide residues in an insignificant livestock feed commodity would 
be considered in compliance with the RAC tolerance of that crop if the 
residue level in the insignificant livestock feed commodity is 
consistent with the RAC from which the feedstuff is derived or with 
which it is associated containing residues at or below the appropriate 
tolerance. This interpretation applies only to insignificant livestock 
feed commodities.

IV. Effective Date

    These revocations will become effective January 16, 1998.

V. Objections and Hearing Request

    The new FFDCA section 408(g) provides essentially the same process 
for persons to ``object'' to a tolerance regulation issued by EPA under 
new section 408(e) and (l)(6) as was provided in the old section 408 
and in section 409. However, the period for filing objections is 60 
days, rather than 30 days. EPA currently has procedural regulations 
which govern the submission of objections and hearing requests. These 
regulations will require some modification to reflect the new law. 
However, until those modifications can be made, EPA will continue to 
use those procedural regulations with appropriate adjustments to 
reflect the new law.
    Any person adversely affected by this regulation may, by February 
17, 1998, file written objections to the regulation and may also 
request a hearing on those objections. Objections and hearing requests 
must be filed with the Hearing Clerk, at the address given above (40 
CFR 178.20). A copy of the objections and/or hearing requests filed 
with the Hearing Clerk should be submitted to the OPP docket for this 
rulemaking. The objections submitted must specify the provisions of the 
regulation deemed objectionable and the grounds for the objections (40 
CFR 178.25). Each objection must be accompanied by the fee prescribed 
by 40 CFR 180.33(i). If a hearing is requested, the objections must 
include a statement of the factual issue(s) on which a hearing is 
requested, the requestor's contentions on such issues, and a summary of 
any evidence relied upon by the objector (40 CFR 178.27). A request for 
a hearing will be granted if the Administrator determines that the 
material submitted shows the following: There is genuine and 
substantial issue of fact; there is a reasonable possibility that 
available evidence identified by the requestor would, if established, 
resolve one or more of such issues in favor of the requestor, taking 
into account uncontested claims or facts to the contrary; and 
resolution of the factual issue(s) in the manner sought by the 
requestor would be adequate to justify the action requested (40 CFR 
178.32).

VI. Public Record and Electronic Submissions

    EPA has established a record for this rulemaking under docket 
number [OPP-300503A] (including any comments and data submitted 
electronically). A public version of this record, including printed, 
paper versions of electronic comments, which does not include any 
information claimed as CBI, is available for inspection from 8:30 a.m. 
to 4 p.m., Monday through Friday, excluding legal holidays. The public 
record is located in Room 1132 of the Public Response and Program 
Resources Branch, Field Operations Division (7506C), Office of 
Pesticide Programs, Environmental Protection Agency, Crystal Mall #2, 
1921 Jefferson Davis Highway, Arlington, VA.
    Electronic comments may be sent directly to EPA at:
    <a href="/cdn-cgi/l/email-protection#e38c9393ce878c80888697a38693828e828a8fcd869382cd848c95"><span class="__cf_email__" data-cfemail="b3dcc3c39ed7dcd0d8d6c7f3d6c3d2ded2dadf9dd6c3d29dd4dcc5">[email protected]</span></a>.

    Electronic comments must be submitted as an ASCII file avoiding the 
use of special characters and any form of encryption.
    The official record for this rulemaking, as well as the public 
version, as described above will be kept in paper form. Accordingly, 
EPA will transfer any copies of objections and hearing requests 
received electronically into printed, paper form as they are received 
and will place the paper copies in the official rulemaking record which 
will also include all comments submitted directly in writing. The 
official rulemaking record is the paper record maintained at the 
address in ``ADDRESSES'' at the beginning of this document.

VII. Regulatory Assessment Requirements

    This action, which revokes tolerances previously established under 
FFDCA section 408(e), is not subject to review by the Office of 
Management and Budget (OMB) under Executive Order 12866, entitled 
Regulatory Planning and Review (58 FR 51735, October 4, 1993), or 
Executive Order 13045, entitled Protection of Children from 
Environmental Health Risks and Safety Risks (62 FR 19885, April 23, 
1997). In addition, this action does not contain any information 
collections subject to 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) (Pub. L. 104-4). Nor does 
it require any prior consultation as specified by Executive Order 
12875, entitled Enhancing the Intergovernmental Partnership (58 FR 
58093, October 28, 1993), special considerations as required by 
Executive Order 12898, entitled Federal Actions to Address 
Environmental Justice in Minority Populations and Low-Income 
Populations (59 FR 7629, February 16, 1994) or require OMB review in 
accordance with Executive Order 13045, entitled Protection of Children 
from Environmental Health Risks and Safety Risks (62 FR 19885, April 
23, 1997).
    In addition, pursuant to section 605(b) of the Regulatory 
Flexibility Act (RFA) (5 U.S.C. 601 et seq.), the Agency hereby 
certifies that, absent extraordinary circumstances, the revocation of a 
tolerance after the use of the related pesticide becomes illegal in 
this country will not have a significant impact on a substantial number 
of small entities. Because the following factual basis is applicable to 
all tolerance revocations, it will also serve as the generic 
certification for the promulgation of any future tolerance revocation 
unless otherwise stated, and EPA will incorporate it by reference in 
future individual tolerance revocations.
    The certification presented above is based on the following 
rationale. In the case of domestically grown food, the tolerance 
revocations contained in this notice, as is generally the case, will 
have no economic impact. The associated pesticide registered uses have 
already been canceled. Since U.S. growers may no longer use the 
pesticide in those ways, revoking the tolerance should have no effect 
on food grown in the

[[Page 66023]]

United States. after cancellation of the registered uses of the 
pesticide. As for food grown before the cancellation occurred, it will 
not be considered adulterated if it was treated in a way that complied 
with the tolerance in effect at the time of treatment.
    The revocation of a pesticide tolerance generally has a greater 
potential to affect foreign-grown food, since the uses of the pesticide 
prohibited in the United States may still be lawful in other countries. 
If foreign growers use the pesticide in the ways prohibited in the 
United States, the food they grow will be considered adulterated once 
the tolerance is revoked. However, while revocation may have an 
economic effect on foreign growers that import food to the United 
States, the RFA is concerned only with the effect of U.S. regulations 
on domestic small entities.
    The revocation of a pesticide tolerance may also have an effect on 
domestic importers of foreign-grown food, to the extent their suppliers 
use pesticides in ways that result in residues no longer allowed in the 
United States. However, EPA believes that the effect on U.S. importers 
will generally be minimal. Theoretically, U.S. importers could face 
higher food prices and transactions costs. The revocation of a 
particular tolerance, however, is unlikely to have a significant impact 
on the price of a commodity on the international market. Transaction 
costs may occur as a result of having to find alternative suppliers of 
food untreated with pesticides for which tolerances were revoked. 
Affected importers would have the options of finding other suppliers in 
the same country or in other countries, or inducing the same supplier 
to switch to alternative pest controls. Given the existence of these 
options, EPA expects that any price increases or transaction costs 
resulting from revocations will be minor. Any such impacts will be 
further reduced by the FDA's enforcement policy of not considering 
imported foods with residues adulterated until, in most cases, three 
years after the effective date of the revocation. EPA has reviewed its 
available data on imports and foreign pesticide usage and concludes 
that there is a reasonable international supply of food not treated 
with the revoked pesticides, generally within the same countries from 
which the relevant commodities are currently imported.
    Moreover, whatever the effect on U.S. importers of foreign-grown 
food, EPA believes that it would be inappropriate and inconsistent with 
the purpose of the RFA to ameliorate that effect. To the extent any 
adverse effect occurs, it will be the result of foreign growers using 
pesticides in ways not allowed in the United States. Domestic growers 
have no choice but to refrain from using pesticides in ways prohibited 
by U.S. law. U.S. growers and those who follow them in the chain of 
commerce -- distributors and consumers -- will bear the cost of 
complying with U.S. law. For EPA to somehow address the economic effect 
of the revocation on U.S. distributors of foreign-grown food would 
potentially give those distributors a competitive advantage over 
distributors of U.S.-grown food, and that advantage could potentially 
translate to a competitive advantage for foreign growers over domestic 
growers. The RFA was enacted in part to preserve competition in the 
marketplace, and it would be perverse to implement it in a way that 
creates competitive inequities, particularly between U.S. and foreign 
products.
    Finally, EPA notes that potential increased costs to importers 
would not be cognizable as grounds for not revoking the tolerance. 
Because no extraordinary circumstances exist as to the present 
revocation that would change EPA's above analysis, the Agency hereby 
certifies that this action will not have a significant economic impact 
on a substantial number of small entities. This certification and the 
above rationale has been provided to the Chief Counsel for Advocacy of 
the Small Business Administration.

VIII. Submission to Congress and the General Accounting Office

    Under 5 U.S.C. 801(a)(1)(A), as added by the Small Business 
Regulatory Enforcement Fairness Act of 1996, the Agency has submitted a 
report containing this rule and other required information to the U.S. 
Senate, the U.S. House of Representatives, and the Comptroller General 
of the General Accounting Office prior to publication of this rule in 
today's Federal Register. This is not a major rule as defined by 5 
U.S.C. 804(2).

List of Subjects

40 CFR Part 180

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

40 CFR Part 185

    Environmental protection, Food additives, pesticides and pests.

40 CFR Part 186

    Environmental protection, Animal feeds, Pesticides and pests.

    Dated: November 14, 1997.

Jack E. Housinger,

Acting Director, Special Review and Reregistration Division, Office of 
Pesticide Programs.
    Therefore, 40 CFR parts 180, 185 and 186 are amended as follows:

PART 180--[AMENDED]

     1. In part 180:
    A. The authority citation for part 180 continues to read as 
follows:
    Authority: 21 U.S.C. 346a and 371.

    B. Part 180 is amended as follows:.
    i. By removing the phrase ``barley, forage,'' wherever it appears 
in part 180.
    ii. By removing the phrases ``barley, forage, green,'' and ``barley 
green forage,'' wherever they appear in part 180.
    iii. By removing the phrases ``peanuts, hulls,'' ``peanut vine 
hulls,'' ``peanut hulls,'' or ``peanuts (hulls) pre-H,'' wherever they 
appear in part 180.
    C. Section 180.111 is amended as follows:
    i. By designating the existing text as paragraph (a)(1), and adding 
a paragraph (a) heading.
    ii. By removing the phrases ``lupine, hay (PRE-H)'' and ``lupine, 
straw (Pre-H)'' from the table in newly designated paragraph (a)(1).
    iii. By adding and reserving new paragraphs (b), (c) and (d) with 
paragraph headings.
    The additions read as follows:


Sec. 180.111  Malathion; tolerances for residues.

    (a) General. (1) *      *      *
    (b) Section 18 emergency exemptions. [Reserved]
    (c) Tolerances with regional registrations. [Reserved]
    (d) Indirect or inadvertent residues. [Reserved]


Sec. 180.205  [Amended]

    D. Section 180.205 is amended by removing the phrase ``lentil, 
forage'' wherever it appears.


Sec. 180.277  [Removed]

    E. By removing Sec. 180.277.
    F. By revising Sec. 180.288 to read as follows:

[[Page 66024]]

Sec. 180.288   2-(Thiocyano-methylthio)benzothiazole; tolerances for 
residues.

    (a) General. Tolerances are established for negligible residues of 
the fungicide 2-(thiocyanomethylthio) benzothiazole in or on barley 
(fodder, grain and straw), corn (fodder, forage, and grain), cotton 
forage, cottonseed, oats (fodder, forage, grain, and straw), rice 
(grain and straw) safflower (seed), sorghum (fodder, forage, and 
grain), sugarbeets (roots and tops), and wheat (fodder, forage, grain, 
and straw) at 0.1 part per million.
    (b) Section 18 emergency exemptions. [Reserved]
    (c) Tolerances with regional registrations. [Reserved]
    (d) Indirect or inadvertent residues. [Reserved]
    G. Section 180.314 is amended as follows:
    i. By designating the existing text as paragraph (a) and adding a 
paragraph heading.
    ii. By removing the phrase ``lentils, forage'' wherever it appears 
in Sec. 180.314.
    iii. By adding and reserving new paragraphs (b), (c) and (d) with 
paragraph headings.
    The additions read as follows:


Sec. 180.314  S-2,3,3-Trichloroallyl diisopropylthiocarbamate; 
tolerances for residues.

    (a) General. *      *      *
    (b) Section 18 emergency exemptions. [Reserved]
    (c) Tolerances with regional registrations. [Reserved]
    (d) Indirect or inadvertent residues. [Reserved]
    H. Section 180.330 is amended as follows:
    i. In paragraph (a) by adding a paragraph heading.
    ii. By removing the phrase ``alfalfa, chaff, or seed'' from the 
table in paragraph (a).
    iii. By adding an entry in alphabetical order to the table in 
paragraph (a) for ``sorghum milled fractions (except flour).''
    iv. By redesignating paragraph (b) as paragraph (c), and adding a 
paragraph heading to newly designated paragraph (c).
    v. By adding and reserving new paragraphs (b) and (d) with 
paragraphs headings.
    The additions read as follows:


Sec. 180.330   S-[2-(Ethylsulfinyl)ethyl] O, O-dimethyl 
phosphorothioate; tolerances for residues.

    (a) General. *      *      *

------------------------------------------------------------------------
                                                              Parts per 
                         Commodity                             million  
------------------------------------------------------------------------
                                                                        
         *        *        *        *        *        *        *        
Sorghum milled fractions (except flour)....................          2.0
                                                                        
         *        *        *        *        *        *        *        
------------------------------------------------------------------------

    (b) Section 18 emergency exemptions. [Reserved]
    (c) Tolerances with regional registrations. *      *      *
    (d) Indirect or inadvertent residues. [Reserved]
    I. Section 180.332 is amended as follows:
    i. By designating the existing text as paragraph (a) and adding a 
paragraph heading.
    ii. By removing the phrase ``lentils, forage'' wherever it appears 
in Sec. 180.332.
    iii. By adding and reserving new paragraphs (b), (c) and (d) with 
paragraph headings.
    The additions read as follows:


Sec. 180.332  4-Amino-6-(1,1-dimethylethyl)-3-(methylthio)-1,2,4-
triazin-5(4H)-one;   tolerances for residues.

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


Sec. 180.368  [Amended]

    J. Section 180.368 is amended by removing from the table in 
paragraph (a) the phrases ``barley, forage,'' ``buckwheat, fodder,'' 
and ``buckwheat, forage.'' 


Sec. 180.379  [Amended]

    K. In Sec. 180.379, in paragraph (a)(3) by removing from the table 
the entries for dried apple pomace, dried tomato pomace, sugarcane 
bagasse, and sunflower hulls.
    L. By revising 180.408 to read as follows:


Sec. 180.408  Metalaxyl; tolerances for residues.

    (a) General. Tolerances are established for the combined residues 
of the fungicide metalaxyl [N-(2,6-dmethylphyenyl)-N-(methoxyacetyl) 
alanine methylester] and its metabolites containing the 2,6-
dimethylaniline moiety, and N-(2-hydroxy methyl-6-methylphenyl)-N-
(methoxyacetyl)-alanine methyl ester, each expressed as metalaxyl 
equivalents, in or on the following raw agricultural commodities:

------------------------------------------------------------------------
                                                              Parts per 
                         Commodity                             million  
------------------------------------------------------------------------
Alfalfa, forage............................................         6.0 
Alfalfa, hay...............................................        20.0 
Almonds....................................................         0.5 
Almonds, hulls.............................................        10.0 
Apples.....................................................         0.2 
Apple, pomace (wet)........................................         0.4 
Asparagus..................................................         7.0 
Avocados...................................................         4.0 
Beets......................................................         0.1 
Beet, tops.................................................         0.1 
Blueberries................................................         2.0 
Brassica (cole) leafy vegetables group [except broccoli,                
 cabbage, cauliflower, brussels sprouts, and mustard                    
 greens]...................................................         0.1 
Broccoli...................................................         2.0 
Brussels sprouts...........................................         2.0 
Cabbage....................................................         1.0 
Cattle, fat................................................         0.4 
Cattle, kidney.............................................         0.4 
Cattle, liver..............................................         0.4 
Cattle, meat...............................................         0.05
Cattle, mbyp (except kidney and liver).....................         0.05
Cauliflower................................................         1.0 
Cereal grains (except wheat, barley, and oats).............         0.1 
Citrus fruit...............................................         1.0 
Citrus, pulp...............................................         7.0 
Clover, forage.............................................         1.0 
Clover, hay................................................         2.5 
Cottonseed.................................................         0.1 
Cranberry..................................................         4.0 
Cucurbit vegetables group..................................         1.0 
Eggs.......................................................         0.05
Fruiting vegetables (except cucurbits) group...............         1.0 
Ginseng....................................................         3.0 
Goats, fat.................................................         0.4 
Goats, kidney..............................................         0.4 
Goats, liver...............................................         0.4 
Goats, meat................................................         0.05
Goats, mbyp (except kidney and liver)......................         0.05
Grain, crops...............................................         0.1 
Grapes.....................................................         2.0 
Grass, forage..............................................        10.0 
Grass, hay.................................................        25.0 
Hogs, fat..................................................         0.4 
Hogs, kidney...............................................         0.4 
Hogs, liver................................................         0.4 
Hogs, meat.................................................         0.05
Hogs, mbyp (except kidney and liver).......................         0.05
Hops, dry..................................................         2.0 
Hops, green................................................         2.0 
Horses, fat................................................         0.4 
Horses, kidney.............................................         0.4 
Horses, liver..............................................         0.4 
Horses, meat...............................................         0.05
Horses, mbyp (except kidney and liver).....................         0.05
Leafy vegetables (except brassica) group (except spinach)..         5.0 

[[Page 66025]]

                                                                        
Leaves of root and tuber vegetables (human food or animal               
 feed) group...............................................        15.0 
Legume vegetable, cannery waste............................         5.0 
Legume vegetable foliage...................................         8.0 
Legume vegetable group (dry or succulent)..................         0.2 
Lettuce, head..............................................         5.0 
Milk.......................................................         0.02
Mustard greens.............................................         5.0 
Onions, dry bulb...........................................         3.0 
Onions, green..............................................        10.0 
Peanut, hay................................................        20.0 
Peanut, meal...............................................         1.0 
Peanut, nuts...............................................         0.2 
Peanut, shells.............................................         2.0 
Peanut, vines..............................................        20.0 
Pineapples.................................................         0.1 
Pineapple fodder...........................................         0.1 
Pineapple forage...........................................         0.1 
Potato waste, dried, processed.............................         4.0 
Poultry, fat...............................................         0.4 
Poultry, kidney............................................         0.4 
Poultry, liver.............................................         0.4 
Poultry, meat..............................................         0.05
Poultry, mbyp (except kidney and liver)....................         0.05
Potatoes...................................................         0.5 
Raspberries................................................         0.5 
Root and tuber vegetables group............................         0.5 
Sheep, fat.................................................         0.4 
Sheep, kidney..............................................         0.4 
Sheep, liver...............................................         0.4 
Sheep, meat................................................         0.05
Sheep, mbyp (except kidney and liver)......................         0.05
Soybean, grain.............................................         1.0 
Soybean, hulls.............................................         2.0 
Soybean, meal..............................................         2.0 
Spinach....................................................        10.0 
Stonefruit group...........................................         1.0 
Strawberries...............................................        10.0 
Sugar beets................................................         0.1 
Sugar beet molasses........................................         1.0 
Sugar beet (roots).........................................         0.5 
Sugar beet (tops)..........................................        10.0 
Sunflowers.................................................         0.1 
Sunflower, forage..........................................         0.1 
Walnuts....................................................         0.5 
------------------------------------------------------------------------

    (b) Section 18 emergency exemptions. [Reserved]
    (c) Tolerances with regional registrations. Tolerances with 
regional registration (refer to Sec. 180.1(n)) are established for the 
combined residues of the fungicide metalaxyl [N-(2,6-dimethylphenyl)-N-
(methoxyacetyl) alanine methyl ester] and its metabolites containing 
the 2,6-dimethylaniline moiety, and N-(2-hydroxy methyl-6-methyl)-N-
(methoxyacetyl)-alanine methylester, each expressed as metalaxyl, in or 
on the following raw agricultural commodity:

------------------------------------------------------------------------
                                                              Parts per 
                         Commodity                             million  
------------------------------------------------------------------------
Papaya.....................................................          0.1
------------------------------------------------------------------------

    (d) Indirect or inadvertent tolerances. Tolerances are established 
for indirect or inadvertent residues of metalaxyl in or on the raw 
agricultural commodities when present therein as a result of the 
application of metalaxyl to growing crops listed in paragraph (a) of 
this section and other non-food crops to read as follows:

------------------------------------------------------------------------
                                                              Part per  
                         Commodity                             million  
------------------------------------------------------------------------
Barley, grain.............................................          0.2 
Barley, fodder............................................          2.0 
Barley, straw.............................................          2.0 
Cereal grains group (except wheat, barley, and oats),                   
 fodder...................................................          1.0 
Cereal grains group (except wheat, barley, and oats),                   
 forage...................................................          1.0 
Cereal grains group (except wheat, barley, and oats),                   
 straw....................................................          1.0 
Oat, fodder...............................................          2.0 
Oat, forage...............................................          2.0 
Oat, grain................................................          0.2 
Oat, straw................................................          2.0 
Wheat, fodder.............................................          2.0 
Wheat, forage.............................................          2.0 
Wheat, grain..............................................          0.2 
Wheat, straw..............................................          2.0 
------------------------------------------------------------------------

    M. Section 180.422 is amended by adding paragraph (a)(3) to read as 
follows:


Sec. 180.422   Tralomethrin; tolerances for residues.

    (a) *    *    *
    (3) A feed additive tolerance of 0.02 part per million is 
established for the combined residues of the insecticide tralomethrin 
((S)-alpha-cyano-3-phenoxybenzyl-(1R,3S)-2,2-dimethyl-3-[(RS)-1,2,2,2-
tetrabromoethyl] cyclopropanecarboxylate) and its metabolites cis-
deltamethrin [(S)-alpha-cyano-3-phenoxybenzyl-(1R,3R)-3-(2,2-
dibromovinyl)-2,2-dimethylcyclopropanecarboxylate] and trans-
deltamethrin [(S)-alpha-cyano-3-phenoxybenzyl (1S,3R)-3-(2,2-
dibromovinyl)-2,2-dimethylcyclopropanecarboxylate as follows:
    (i) In or on all feed items (other than those covered by a higher 
tolerance as a result of use on growing crops) in feed-handling 
establishments.
    (ii) The insecticide may be present as a residue from application 
of tralomethrin in feed-handling establishments, including feed 
manufacturing and processing establishments in accordance with the 
following prescribed conditions:
    (A) Application shall be limited to a general surface and spot and/
or crack and crevice treatment in feed-handling establishments where 
feed and feed products are held or processed. General surface 
application may be used only when the facility is not in operation 
provided exposed feed has been covered or removed from the area being 
treated. All feed-contact surfaces and equipment must be thoroughly 
cleaned after general surface applications. Spot and/or crack and 
crevice application may be used while the facility is in operation 
provided exposed feed is covered or removed from the area being treated 
prior to application. Spray concentration shall be limited to a maximum 
of 0.06 percent active ingredient. Contamination of feed and feed- 
contact surfaces shall be avoided.
    (B) To assure safe use of the insecticide, its label and labelling 
shall conform to that registered with the U.S. Environmental Protection 
Agency and shall be used in accordance with such label and labelling.
*       *        *        *        *

PART 185--[AMENDED]

    2. In part 185:
    A. The authority citation for part 185 is revised to read as 
follows:
    Authority: 21 U.S.C. 346a and 348.

Sec. 185.3850  [Partially Redesignated and Removed]

    B. Section 185.3850 is amended as follows:
    i. By transferring the text of Sec. 185.3850 to Sec. 180.111, and 
redesignating it as paragraphs (a)(2) introductory text, (a)(2)(i), 
(a)(2)(ii), (a)(2)(iii), and (a)(3), respectively.
    ii. By removing the remainder of Sec. 185.3850.

PART 186--[AMENDED]

    3. In part 186:
    A. The authority citation for part 186 is revised to read as 
follows:
    Authority: 21 .U.S. C 342, 348, and 371.


Sec. 186.250  [Partially Redesignated and Removed]

    B. Section 186.250 is amended as follows:
    i. By removing from the table the entries for ``Sugarcane bagasse'' 
and ``Tomato pomace, dried.''
    ii. By transferring the remaining entries in the table and adding 
them alphabetically into the table in Sec. 180.332(a).

[[Page 66026]]

    iii. By removing the remainder of Sec. 186.250.


Sec. 186.350  [Amended]

    C. Section 186.350 is amended by removing the entry beginning with 
``70 parts per million in dried apple pomace...''.


Sec. 186.450  [Amended]

    D. Section 186.450 is amended by removing the phrase ``citrus 
molasses and''.


Secs. 186.600  [Removed]

    E. By removing Sec. 186.600.


Sec. 186.1000  [Amended]

    F. Section 186.1000 is amended by removing from the table in 
paragraph (a) the entry for ``apple pomace, dried,'' ``corn 
soapstock,'' ``grape, pomace, dried,'' and ``sunflower seed hulls.''


Sec. 186.1075  [Amended]

    G. Section 186.1075 is amended by removing from the table in 
paragraph (a) the entry for ``soybean soapstock.''


Sec. 186.1350  [Amended]

    H. Section 186.1350 is amended by removing the entry in the table 
for ``apple pomace, dried.''
    I. Section 186.1650 is revised to read as follows:


Sec. 186.1650   Dialifor.

    Tolerances are established for combined residues of the insecticide 
dialifor (S-(2-chloro-1-phthalimidoethyl) O,O-diethyl 
phosphorodithioate) and its oxygen analog S-(2-chloro-1-phthalimido-
ethyl) O,O-diethyl phosphorothioate in or on the following processed 
foods when present therein as a result of application to the following 
growing citrus:

------------------------------------------------------------------------
                   Commodity                        Parts per million   
------------------------------------------------------------------------
Dried citrus pulp..............................                       15
------------------------------------------------------------------------

Sec. 186.2000  [Amended]

    J. Section 186.2000 is amended by removing the entry in the table 
for ``Soybean soap stock.''


Sec. 186.2400  [Removed]

    K. Section 186.2400 is removed.


Sec. 186.2700  [Amended]

    L. Section 186.2700 is amended by removing from the table in 
paragraph (a) the entry for ``raisin waste.''


Sec. 186.2950  [Amended]

    M. Section 186.2950 is amended by removing from the table the 
entries ``apple pomace (dried),'' ``citrus molasses,'' ``grape 
pomace,'' and ``raisin waste.''


Sec. 186.3050  [Removed]

    N. Section 186.3050 is removed.
    O. Section 186.3250 is revised to read as follows:


Sec. 186.3250  Fluazifop-butyl.

    Tolerances are established for residues of (<plus-minus>)-2-[4-[[5-
(trifluoromethyl)-2-pyridinyl]oxy]phenoxy]propanoic acid (fluazifop), 
both free and conjugated, and of (<plus-minus>)-butyl 2[4-[[5-
(trifluoromethyl)-2-pyridinyl]oxy]phenoxy]propanoate (fluazifop-butyl), 
all expressed as fluazifop, in or on the following feeds:

                                                                        
------------------------------------------------------------------------
                                                               Parts per
                             Food                               million 
------------------------------------------------------------------------
Soybean, meal................................................        2.0
------------------------------------------------------------------------

Sec. 186.3350 and 186.3450  [Removed]

    P. Sections 186.3350 and 186.3450 are removed.


Sec. 186.3550  [Amended]

    Q. Section 186.3550 is amended by removing from the table in 
paragraph (a) the entries ``apple pomace, dried,'' ``grape pomace, 
dried,'' and ``raisin waste.''


Sec. 186.3750  [Amended]

    R. Section 186.3750 is amended by removing from the table the 
entries ``grape, pomace, dry,'' ``raisin waste,'' and ``soapstock.''


Secs. 186.4000 and 186.4800  [Removed]

    S. Sections 186.4000, 186.4800 are removed.
    T. Section 186.4975 is revised to read as follows:


Sec. 186.4975  Profenofos.

    A regulation is established permitting residues of the insecticide 
profenofos [O-(4-bromo-2-chlorophenyl)-O-ethyl-S-propyl 
phosphorothioate] and its metabolites converted to 4-bromo-2-
chlorophenol and calculated as profenofos in cottonseed hulls at 6.0 
ppm.


Sec. 186.5000  [Amended]

    U. Section 186.5000 is amended by removing the entries in the table 
for ``apple pomace, dried'' and ``grape pomace, dried.''


Sec. 186.5450  [Removed]

    V. Section 186.5450 is removed.

[FR Doc. 97-32788 Filed 12-16-97; 8:45 am]
BILLING CODE 6560-50-F


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