66020 Federal Register / Vol. 62, No. 242 / Wednesday, December 17, 1997 / Rules and Regulations

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) (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), or 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, since these tolerances and

exemptions that are established under

FFDCA section 408(l)(6), such as the

tolerance in this final rule, do not

require the issuance of a proposed rule,

the requirements of the Regulatory

Flexibility Act (RFA) (5 U.S.C. 601 et

seq.) do not apply. Nevertheless, the

Agency has previously assessed whether

establishing tolerances, exemptions

from tolerances, raising tolerance levels

or expanding exemptions might

adversely impact small entities and

concluded, as a generic matter, that

there is no adverse economic impact.

The factual basis for the Agency’s

generic certification for tolerance

actions published on May 4, 1981 (46

FR 24950), and was provided to the

Chief Counsel for Advocacy of the Small

Business Administration.

X. 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 in 40 CFR Part 180

Environmental protection,

Administrative practice and procedure,

Agricultural commodities, Pesticides

and pests, Reporting and recordkeeping

requirements.

Dated: November 18, 1997.

James Jones,

Acting Director, Registration Division, Office

of Pesticide Programs.

Therefore, 40 CFR chapter I is

amended as follows:

PART 180—[AMENDED]

1. The authority citation for part 180

continues to read as follows:

Authority: 21 U.S.C. 346a and 371.

2. Section 180.452, is amended as

follows:

i. By designating the existing text as

paragraph (a) and adding a heading.

ii. By adding new paragraph (b).

iii. By adding and reserving new

paragraphs (c) and (d) with headings to

read as follows.

§180.452 Primisulfuron-methyl; tolerances

for residues.

(a) General. * * *

(b) Section 18 emergency exemptions.

Time-limited tolerances are established

for residues of the herbicide

primisulfuron-methyl in connection

with use of the pesticide under section

18 emergency exemptions granted by

EPA. These tolerances will expire and

are revoked on the dates specified in the

following table.

Commodity Parts per million Expiration/revocation date

Bluegrass hay ...................................................................................... 0.10 10/31/1998

(c) Tolerances with regional

registrations. [Reserved]

(d) Indirect or inadvertent residues.

[Reserved]

[FR Doc. 97–32937 Filed 12–16–97; 8:45 am]

BILLING CODE 6560–50–F

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.

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: oppdocket@epamail.epa.gov. Copies of

objections and hearing requests must be
Federal Register / Vol. 62, No. 242 / Wednesday, December 17, 1997 / Rules and Regulations 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:

morris.jeffrey@epamail.epa.gov.

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 §§ 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
66022 Federal Register / Vol. 62, No. 242 / Wednesday, December 17, 1997 / Rules and Regulations

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:

opp-docket@epamail.epa.gov.

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
Federal Register / Vol. 62, No. 242 / Wednesday, December 17, 1997 / Rules and Regulations 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 (PreH)’’ 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:

§ 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]

§ 180.205 [Amended]

D. Section 180.205 is amended by

removing the phrase ‘‘lentil, forage’’

wherever it appears.

§ 180.277 [Removed]

E. By removing § 180.277.

F. By revising § 180.288 to read as

follows:
66024 Federal Register / Vol. 62, No. 242 / Wednesday, December 17, 1997 / Rules and Regulations

§ 180.288 2-(Thiocyanomethylthio)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

§ 180.314.

iii. By adding and reserving new

paragraphs (b), (c) and (d) with

paragraph headings.

The additions read as follows:

§ 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:

§ 180.330 S-[2-(Ethylsulfinyl)ethyl] O, Odimethyl phosphorothioate; tolerances for

residues.

(a) General. * * *

Commodity Parts per

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

§ 180.332.

iii. By adding and reserving new

paragraphs (b), (c) and (d) with

paragraph headings.

The additions read as follows:

§ 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]

§ 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.’’

§ 180.379 [Amended]

K. In § 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:

§ 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:

Commodity Parts per

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
Federal Register / Vol. 62, No. 242 / Wednesday, December 17, 1997 / Rules and Regulations 66025

Commodity Parts per

million

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 § 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:

Commodity Parts per

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:

Commodity Part per 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:

§ 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)-alphacyano-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.

§ 185.3850 [Partially Redesignated and

Removed]

B. Section 185.3850 is amended as

follows:

i. By transferring the text of

§ 185.3850 to § 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

§ 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.

§ 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

§ 180.332(a).
66026 Federal Register / Vol. 62, No. 242 / Wednesday, December 17, 1997 / Rules and Regulations

iii. By removing the remainder of

§ 186.250.

§ 186.350 [Amended]

C. Section 186.350 is amended by

removing the entry beginning with ‘‘70

parts per million in dried apple

pomace...’’.

§ 186.450 [Amended]

D. Section 186.450 is amended by

removing the phrase ‘‘citrus molasses

and’’.

§§ 186.600 [Removed]

E. By removing § 186.600.

§ 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.’’

§ 186.1075 [Amended]

G. Section 186.1075 is amended by

removing from the table in paragraph (a)

the entry for ‘‘soybean soapstock.’’

§ 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:

§ 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

§ 186.2000 [Amended]

J. Section 186.2000 is amended by

removing the entry in the table for

‘‘Soybean soap stock.’’

§ 186.2400 [Removed]

K. Section 186.2400 is removed.

§ 186.2700 [Amended]

L. Section 186.2700 is amended by

removing from the table in paragraph (a)

the entry for ‘‘raisin waste.’’

§ 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.’’

§ 186.3050 [Removed]

N. Section 186.3050 is removed.

O. Section 186.3250 is revised to read

as follows:

§ 186.3250 Fluazifop-butyl.

Tolerances are established for

residues of (±)-2-[4-[[5-(trifluoromethyl)-

2-pyridinyl]oxy]phenoxy]propanoic

acid (fluazifop), both free and

conjugated, and of (±)-butyl 2[4-[[5-

(trifluoromethyl)-2-

pyridinyl]oxy]phenoxy]propanoate

(fluazifop-butyl), all expressed as

fluazifop, in or on the following feeds:

Food Parts per

million

Soybean, meal .............................. 2.0

§ 186.3350 and 186.3450 [Removed]

P. Sections 186.3350 and 186.3450 are

removed.

§ 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.’’

§ 186.3750 [Amended]

R. Section 186.3750 is amended by

removing from the table the entries

‘‘grape, pomace, dry,’’ ‘‘raisin waste,’’

and ‘‘soapstock.’’

§§ 186.4000 and 186.4800 [Removed]

S. Sections 186.4000, 186.4800 are

removed.

T. Section 186.4975 is revised to read

as follows:

§ 186.4975 Profenofos.

A regulation is established permitting

residues of the insecticide profenofos

[O-(4-bromo-2-chlorophenyl)-O-ethyl-Spropyl phosphorothioate] and its

metabolites converted to 4-bromo-2-

chlorophenol and calculated as

profenofos in cottonseed hulls at 6.0

ppm.

§ 186.5000 [Amended]

U. Section 186.5000 is amended by

removing the entries in the table for

‘‘apple pomace, dried’’ and ‘‘grape

pomace, dried.’’

§ 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

FEDERAL EMERGENCY

MANAGEMENT AGENCY

44 CFR Part 61

RIN 3067–AC73

National Flood Insurance Program

(NFIP); Standard Flood Insurance

Policy

AGENCY: Federal Emergency

Management Agency (FEMA).

ACTION: Final rule.

SUMMARY: This rule increases the

amount of the deductible under the

Standard Flood Insurance Policy—from

$750 to $1,000—for structures with

subsidized coverage.

EFFECTIVE DATE: May 1, 1998.

FOR FURTHER INFORMATION CONTACT:

Charles M. Plaxico, Jr., Federal

Emergency Management Agency,

Federal Insurance Administration, 202–

646–3422, (facsimile) 202–646–4327.

SUPPLEMENTARY INFORMATION: On

October 7, 1997, FEMA published in the

Federal Register, 62 FR 52304, a

proposed rule to amend the regulations

of the National Flood Insurance Program

(NFIP) to increase the deductible from

$750 to $1,000 for structures with

subsidized coverage. The proposal also

described a buy-back feature that would

permit insureds to ‘buy back,’ in

consideration of additional premium, a

reduced deductible under the Standard

Flood Insurance Policy (SFIP).

During the comment period,

comments were received from: The

Flood Insurance Producers National

Committee (FIPNC), a staff underwriter

from one of the insurance companies

participating in the NFIP’s Write Your

Own (WYO) program, and the

Association of State Flood Plain

Managers (ASFPM).

FIPNC agreed with the proposed

change in its entirety and recommended

that the amount of the reduced

deductible that a policyholder could

buy back be set at $500. While the

policy language itself will remain silent

on the amount of the reduced buy-back,

the $500 figure is the amount

contemplated by the Federal Insurance

Administration in implementing this

rule.