18326 Federal Register / Vol. 63, No. 72 /Wednesday, April 15, 1998 /Rules and Regulations

Total Annual Burden Hours: 960.

Burden means the total time, effort, or

financial resources expended by persons

to generate, maintain, retain, or disclose

or provide information to or for a

Federal agency. This includes the time

needed to: review instructions; develop,

acquire, install, and utilize technology

and systems for the purposes of

collecting, validating, and verifying

information, processing and

maintaining information, and disclosing

and providing information; adjust the

existing ways to comply with any

previously applicable instructions and

requirements; train personnel to be able

to respond to a collection of

information; search data sources;

complete and review the collection of

information; and transmit or otherwise

disclose the information.

An agency may not conduct or

sponsor, and a person is not required to

respond to, a collection of information

unless it displays a currently valid OMB

control number. The OMB control

numbers for EPA’s regulations are listed

in 40 CFR Part 9 and 48 CFR Chapter

15.

V. National Technology Transfer and

Advancement Act

Under the National Technology

Transfer and Advancement Act, 15

U.S.C. 272 note, EPA must use

voluntary consensus standards to carry

out policy objectives or activities unless

it would be impractical to do so. In this

case, such standards, applicable to this

regulation, do not exist. Accordingly,

the use of such standards is not

required.

VI. Submission to Congress and the

Comptroller General

The Congressional Review Act, 5

U.S.C. 801 et seq., as added by the Small

Business Regulatory Enforcement

Fairness Act of 1996, generally provides

that, before a rule may take effect, the

agency promulgating the rule must

submit a rule report, which includes a

copy of the rule, to each House of the

Congress and to the Comptroller General

of the United States. EPA will submit a

report containing this direct amendment

to interim final rule and other required

information to the U.S. Senate, the U.S.

House of Representatives, and the

Comptroller General of the United

States prior to publication of the direct

amendment to interim final rule in the

Federal Register. This direct final rule

is not a ‘‘major rule’’ as defined by 5

U.S.C. 804(2).

List of Subjects in 40 CFR Part 8

Environmental protection, Antarctica,

Enforcement, Environmental

documentation, Environmental impact

assessment, Penalties, Prohibited acts.

Dated: April 2, 1998.

Steven A. Herman,

Assistant Administrator, Office of

Enforcement and Compliance Assurance.

Therefore, for the reasons set out in

the preamble, title 40 chapter 1 of the

Code of Federal Regulations is amended

as follows:

PART 8—ENVIRONMENTAL IMPACT

ASSESSMENT OF

NONGOVERNMENTAL ACTIVITIES IN

ANTARCTICA

1. The authority citation for part 8

continues to read as follows:

Authority: 16 U.S.C. 2401 et seq., as

amended, 16 U.S.C. 2403a.

2. Section 8.2 is amended by revising

paragraph (d) to read as follows:

§ 8.2 Applicability and effect.

* * * * *

(d) This part is effective on April 30,

1997. This part will expire upon the

earlier of the end of the 2000–2001

austral summer season or upon issuance

of a final regulation.

3. Section 8.8 is amended by revising

paragraphs (b)(1) and (b)(2) to read as

follows:

§ 8.8 Comprehensive environmental

evaluation.

* * * * *

(b) Submission of Draft CEE to the

EPA and Circulation to Other Parties.

(1) For the 1998–1999, 1999–2000, and

2000–2001 austral seasons, any operator

who plans a nongovernmental

expedition which would require a CEE

must submit a draft of the CEE by

December 1, 1997, December 1, 1998,

and December 1, 1999, respectively.

Within fifteen (15) days of receipt of the

draft CEE, EPA will: send it to the

Department of State which will circulate

it to all Parties to the Protocol and

forward it to the Committee for

Environmental Protection established by

the Protocol, and publish notice of

receipt of the CEE and request for

comments on the CEE in the Federal

Register, and will provide copies to any

person upon request. The EPA will

accept public comments on the CEE for

a period of ninety (90) days following

notice in the Federal Register. The EPA,

in consultation with other interested

federal agencies, will evaluate the CEE

to determine if the CEE meets the

requirements under Article 8 and Annex

I to the Protocol and the provisions of

this part and will transmit its comments

to the operator within 120 days

following publication in the Federal

Register of the notice of availability of

the CEE.

(2) The operator shall send a final CEE

to EPA at least seventy-five (75) days

before commencement of the proposed

activity in the Antarctic Treaty area. The

CEE must include (or summarize) any

comments on the draft CEE received

from EPA, the public, and the Parties,

including comments offered at the XXII

Antarctic Treaty Consultative Meeting

in 1998, the XXIII Antarctic Treaty

Consultative Meeting in 1999, and the

XXIV Antarctic Treaty Consultative

Meeting in 2000 for CEEs submitted for

the 1998–1999, 1999–2000, and 2000–

2001 austral seasons, respectively.

Following the final response from the

operator, the EPA will inform the

operator if EPA, with the concurrence of

the National Science Foundation, makes

the finding that the environmental

documentation submitted does not meet

the requirements of Article 8 and Annex

I of the Protocol and the provisions of

this part. This notification will occur

within fifteen (15) days of submittal of

the final CEE by the operator if the final

CEE is submitted by the operator within

the time limits set out in this section. If

no final CEE is submitted or the

operator fails to meet these time limits,

EPA will provide such notification sixty

(60) days prior to departure of the

expedition. If EPA does not provide

such notice, the operator will be

deemed to have met the requirements of

this part provided that procedures,

which include appropriate monitoring,

are put in place to assess and verify the

impact of the activity. The EPA will

transmit the CEE, along with a notice of

any decisions by the operator relating

thereto, to the Department of State

which shall circulate it to all Parties no

later than sixty (60) days before

commencement of the proposed activity

in the Antarctic Treaty area. The EPA

will also publish a notice of availability

of the final CEE in the Federal Register.

* * * * *

[FR Doc. 98–10006 Filed 4–14–98; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 180

[OPP–300623; FRL–5773–9]

2070–AB78

Canola Oil; Exemption from the

Requirement of a Tolerance

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.
Federal Register / Vol. 63, No. 72 /Wednesday, April 15, 1998 /Rules and Regulations 18327

SUMMARY: This rule establishes an

exemption from the requirement of a

tolerance for residues of canola oil, i.e.,

low erucic acid rapeseed oil (containing

no more than 2% erucic acid), when

used as an insecticide in or on all food

commodities. W. Neudorff GmbH KG

submitted a petition to the EPA under

the Federal Food, Drug and Cosmetic

Act (FFDCA) as amended by the Food

Quality Protection Act (FQPA) of 1996

requesting the exemption from the

requirement of a tolerance. This

regulation eliminates the need to

establish a maximum permissible level

for residues of this insecticide in or on

all food commodities.

EFFECTIVE DATE: This regulation is

effective April 15, 1998. Objections and

requests for hearings must be received

on or before June 15, 1998.

ADDRESSES: Written objections and

hearing requests, identified by the

docket control number [OPP–300623],

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 docket control number

[OPP–300623] and submitted to: Public

Information and Records Integrity

Branch, Information Resources and

Services Division (7502C), 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. 119, CM #2, 1921 Jefferson Davis

Hwy., Arlington, VA.

A copy of objections and hearing

requests filed with the Hearing Clerk

may be submitted electronically by

sending electronic mail (e-mail) to: oppdocket@epamail.epa.gov. Copies of

electronic objections and hearing

requests must be submitted as an ASCII

file avoiding the use of special

characters and any form of encryption.

Copies of electronic objections and

hearing requests will also be accepted

on disks in WordPerfect 5.1 or 6.1 file

format or ASCII file format. All copies

of electronic objections and hearing

requests must be identified by the

docket control number [OPP–300623].

No Confidential Business Information

(CBI) should be submitted through email. Copies of electronic objections and

hearing requests on this rule may be

filed online at many Federal Depository

Libraries.

FOR FURTHER INFORMATION CONTACT: By

mail: Susanne Cerrelli, c/o Product

Manager (PM) 90, Biopesticides and

Pollution Prevention Division (7511W),

Office of Pesticide Programs,

Environmental Protection Agency, 401

M St., SW., Washington, DC 20460,

Office location and telephone number

and e-mail address: CS1 Rm. 5-W31,

2800 Crystal Drive, Arlington, VA, 703–

308–8077, e-mail:

cerrelli.susanne@epamail.epa.gov.

SUPPLEMENTARY INFORMATION: W.

Neudorff GmbH KG, c/o Walter G.

Telarek, PC, 1008 Riva Ridge Drive,

Great Falls, VA, has requested in

pesticide petition PP 7F4804 the

establishment of an exemption from the

requirement of a tolerance for residues

of canola oil. A notice of filing (FRL–

5597–6) was published in the Federal

Register (62 FR 17812) on April 11,

1997, and the notice announced that the

comment period would end on May 11,

1997; no comments were received. This

exemption from the requirement of a

tolerance will permit the marketing of

raw agricultural commodities when

treated in accordance with EPA Reg No.

67702–U, which is being issued under

the Federal Insecticide, Fungicide, and

Rodenticide Act (FIFRA), as amended

(Pub. L. 95–396, 92 Stat. 819; 7 U.S.C.

136). The data submitted in the petition

and all other relevant material have

been evaluated. The following is a

summary of EPA’s findings regarding

this petition.

I. Product Identity

NEU 1160 Vegetable Oil Insecticide

(EPA file symbol No. 067702–U) is the

first pesticide product containing low

erucic acid rapeseed oil as the active

ingredient. The rapeseed oil in this

product contains less than 2% erucic

acid and conforms with 21 CFR

184.1555(c). Canola oil is the common

name of this active ingredient. Canola

oil is the full refined edible oil obtained

from certain varieties of plants, i.e.

Brassica campetris, or B. napus, of the

family Cruciferae.

II. Risk Assessment and Statutory

Findings

New section 408(c)(2)(a)(i) of FFDCA

allows EPA to establish an exemption

from the requirement of a tolerance (the

legal limit for a pesticide chemical

residue in or on a food) only if EPA

determines that the tolerance is ‘‘safe.’’

Section 408(c)(2)(ii) defines ‘‘safe’’ to

mean that ‘‘there is a reasonable

certainty that no harm will result from

aggregate exposure to the pesticide

chemical residue, including all

anticipated dietary exposures and all

other exposures for which there is

reliable information.’’ This includes

exposure through drinking water and in

residential settings, but does not include

occupational exposure. Section

408(c)(2)(b) requires EPA to give special

consideration to exposure of infants and

children to the pesticide chemical

residue in establishing a tolerance and

to ‘‘ensure that there is a reasonable

certainty that no harm will result to

infants and children from aggregate

exposure to the pesticide chemical

residue***.’’ EPA performs a number of

analyses to determine the risks from

aggregate exposure to pesticide residues.

First, EPA determines the toxicity of

pesticides. Second, EPA examines

exposure to the pesticide through food,

drinking water, and through other

exposures that occur as a result of

pesticide use in residential settings.

III. Toxicological Profile

Consistent with section 408(b)(2)(d) of

FFDCA, EPA has reviewed the scientific

data and other relevant information in

support of this action and considered its

validity, completeness, reliability, and

relationship to human risk. EPA has

also considered available information

concerning the variability of the

sensitivities of major identifiable

subgroups of consumers, including

infants and children. Data waivers were

requested for acute oral, dermal,

inhalation, and eye toxicity, dermal

sensitization, genotoxicity, reproductive

and developmental toxicity, subchronic

(90–day) oral and inhalation toxicity,

and teratogenicity. The waivers were

accepted based on the long history of

use of canola as an edible fat and oil in

food without any indication of

deleterious effects; its low toxicity; its

natural occurrence as an oil extracted

from plants; its low erucic acid (less

than 2%) content; its conformity with

21 CFR 184.1555(c); and its

classification by FDA as ‘‘generally

recognized as safe’’ (GRAS) for use as an

edible fat or oil in human food.

Available toxicity data on vegetable oils

from the open literature and the

Reregistration Eligibility Decision

document for Flower and Vegetable Oils

(EPA 738–R–93–031) support this

finding.

IV. Residue Chemistry

A waiver was requested and granted

for the following residue data

requirements: (1) Magnitude of residue

anticipated at the time of harvest, and

(2) method used to determine the

residue. These are waived based on the

rationale presented in Unit III of this

preamble.
18328 Federal Register / Vol. 63, No. 72 /Wednesday, April 15, 1998 /Rules and Regulations

V. Aggregate Exposure

In examining aggregate exposure,

FFDCA section 408 directs EPA to

consider available information

concerning exposures from the pesticide

residue in food and all other nonoccupational exposures. The primary

non-food sources of exposure the

Agency considers include drinking

water or groundwater, and exposure

through pesticide use in gardens, lawns,

or buildings (residential and other

indoor uses).

Dietary exposure of canola oil via

food consumption exists due to its use

as a fat and oil in food. Residues from

use of the biochemical pesticide, canola

oil, are expected to increase the current

dietary exposures only minimally

because the application rates for canola

are very low. In addition, because the

current uses of low erucic acid canola

oil have low toxicity, the Agency has

determined that the aggregate dietary

risk from adding the pesticidal uses of

canola would be minimal.

Exposure by the inhalation route

would be negligible because canola oil

has low volatility, and the maximum

concentration applied to plants is 2%

canola oil. In summary, the potential

aggregate exposure, derived from nondietary and non-occupational exposure,

should be minimal.

VI. Cumulative Effects

Canola oil shares a common dietary

metabolic disposition with other edible

fats and oils. Canola oil and other

cooking grade oils have been used for

many years without reported toxicity.

These fats and oils are not known to

cause any direct toxic effects when part

of a balanced diet.

VII. Endocrine Disruptors

The Agency has no information to

suggest that canola oil has any effect on

the immune and endocrine systems. The

Agency is not requiring information on

the endocrine effects of this biochemical

pesticide at this time; Congress has

allowed 3 years after August 3, 1996, for

the Agency to implement a screening

program with respect to endocrine

effects. Nevertheless, the above

discussion on exposure from all sources

combined with the low toxicity of

canola oil would indicate such testing

would not be necessary.

VIII. Safety Determination for U.S.

Population, Infants and Children

Based on the information discussed in

Unit V of this preamble, EPA concludes

that there is reasonable certainty that no

harm will result from aggregate

exposure to the U.S. population,

including infants and children, to

residues of canola oil. This includes all

anticipated dietary exposures and all

other exposures for which there is

reliable information. The Agency has

arrived at this conclusion because, as

discussed in Unit III of this preamble,

the toxicity of canola oil to mammals is

very low and under reasonably

foreseeable circumstances it does not

pose a risk. FFDCA section 408 provides

that EPA shall apply an additional tenfold margin of exposure (safety) for

infants and children in the case of

threshold effects to account for pre- and

post-natal toxicity and the completeness

of the database, unless EPA determines

that a different margin of exposure

(safety) will be safe for infants and

children. Margins of exposure (safety)

are often referred to as uncertainty

(safety) factors. In this instance, the

Agency believes there is reliable data to

support the conclusion that canola oil is

practically non-toxic to mammals,

including infants and children, and,

thus, there are no threshold effects;

therefore, EPA has not used a margin of

exposure (safety) approach to assess the

safety of canola oil. As a result, the

provision requiring an additional

margin of exposure (safety) does not

apply.

IX. Other Considerations

1. Analytical method. The Agency

proposes to establish an exemption from

the requirement of a tolerance without

any numerical limitation; therefore, an

analytical method is not required for

enforcement purposes for canola oil

residues.

2. Codex maximum residue level.

There are no CODEX tolerances nor

international tolerance exemptions

established for canola oil at this time.

X. Conclusion

Based on the information discussed

above, EPA establishes an exemption

from the requirement of a tolerance for

Canola oil (low erucic acid rapeseed oil

containing no more than 2% erucic

acid). This exemption from the

requirement of a tolerance will be

revoked if any experience with or

scientific data on this pesticide indicate

that the tolerance is not safe.

XI. Objections and Hearing Requests

The new FFDCA section 408(g)

provides essentially the same process

for persons to ‘‘object’’ to a tolerance

exemption regulation issued by EPA

under new section 408(e) as was

provided in the old section 408.

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 June 15, 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

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).

Information submitted in connection

with an objection or hearing request

may be claimed confidential by marking

any part or all of that information as

CBI. Information so marked will not be

disclosed except in accordance with

procedures set forth in 40 CFR part 2.

A copy of the information that does not

contain CBI must be submitted for

inclusion in the public record.

Information not marked confidential

may be disclosed publicly by EPA

without prior notice.

XII. Public Docket and Electronic

Submissions

EPA has established a record for this

rulemaking under docket control

number [OPP–300623] (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
Federal Register / Vol. 63, No. 72 /Wednesday, April 15, 1998 /Rules and Regulations 18329

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 119 of the Public Information and

Records Integrity Branch, Information

Resources and Services Division

(7502C), 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 Virginia

address in ‘‘ADDRESSES’’ at the

beginning of this document.

XIII. Regulatory Assessment

Requirements

This final rule establishes an

exemption from the tolerance

requirement under FFDCA section

408(d) in response to a petition

submitted to the Agency. The Office of

Management and Budget (OMB) has

exempted these types of actions from

review under Executive Order 12866,

entitled Regulatory Planning and

Review (58 FR 51735, October 4, 1993).

This final rule does not contain any

information collections subject to OMB

approval under the Paperwork

Reduction Act (PRA), 44 U.S.C. 3501 et

seq., or impose any enforceable duty or

contain any unfunded mandate as

described under Title II of the Unfunded

Mandates Reform Act of 1995 (UMRA)

(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 tolerance

exemptions that are established on the

basis of a petition under FFDCA section

408(d), such as the exemption 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 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) was provided to the

Chief Counsel for Advocacy of the Small

Business.

XIV. Submission to Congress and the

Comptroller General

The Congressional Review Act, 5

U.S.C. 801 et seq., as added by the Small

Business Regulatory Enforcement

Fairness Act of 1996, generally provides

that before a rule may take effect, the

Agency promulgating the rule must

submit a rule report, which includes a

copy of the rule, to each House of the

Congress and the Comptroller General of

the United States. EPA will submit a

report containing this rule and other

required information to the U.S. Senate,

the U.S. House of Representatives and

the Comptroller General of the United

States prior to publication of the rule in

the Federal Register. This rule is not a

‘‘major rule’’ as defined by 5 U.S.C.

804(2).

List of Subjects in 40 CFR Part 180

Environmental protection,

Administrative practice and procedure,

Agricultural commodities, pesticides

and pests, Reporting and recordkeeping

requirements.

Dated: April 3, 1998.

Marcia E. Mulkey,

Director, Office of Pesticide Programs.

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 180.1194 is added to read

as follows:

§ 180.1194 Canola oil; exemption from the

requirement of a tolerance.

An exemption from the requirement

of a tolerance is established for residues

of the biochemical pesticide, canola oil,

conforming to the following definition

when used as an insecticide, in or on all

food commodities: Canola oil, also

known as low erucic rapeseed oil, is the

fully refined, bleached, and deodorized

edible oil obtained from certain varieties

of Brassica Napus or B. Campestris of

the family Cruciferae. Canola oil

contains no more than 2 percent erucic

acid.

[FR Doc. 98–10013 Filed 4–14–98; 8:45 am]

BILLING CODE 6560–50–F

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 180

[OPP–300644; FRL–5785–7]

RIN 2070–AB78

Spinosad; Pesticide Tolerances

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This regulation establishes

permanent tolerances for residues of

spinosad in or on almonds at 0.02 parts

per million (ppm); almond hulls at 2.0

ppm; apples at 0.2 ppm; apple pomace,

wet at 0.5 ppm; citrus fruits group at 0.3

ppm; citrus pulp, dried at 0.5 ppm;

citrus oil at 3.0 ppm; cottonseed at 0.02

ppm; cotton gin byproducts at 1.5 ppm;

fruiting vegetables (except cucurbits)

group at 0.4 ppm; Brassica (cole), leafy

vegetables, head and stem subgroup at

2.0 ppm; Brassica (cole), leafy

vegetables, greens subgroup at 10.0

ppm; leafy vegetables (except Brassica

vegetables) group at 8.0 ppm; fat of

cattle, goats, hogs, horses, and sheep at

0.6 ppm; meat of cattle, goats, hogs,

horses, and sheep at 0.04; meat

byproducts of cattle, goats, hogs, horses,

and sheep at 0.2 ppm; milk fat at 0.5

ppm; and whole milk at 0.04 ppm. This

regulation also removes the time

limitation for the tolerance for residues

of spinosad on cottonseed which

expires on November 15, 1999.

DowElanco requested these tolerances

under the Federal Food, Drug, and

Cosmetic Act (FFDCA), as amended by

the Food Quality Protection Act of 1996

(FQPA) (Pub. L. 104-170). In addition,

this regulation removes time-limited

tolerances set under section 408(1)(6) of

the FFDCA, as amended by the FQPA

for residues of spinosad on fruiting

vegetables (except cucurbits) group,

tomato paste, leafy vegetables (except

Brassica vegetables) group, and Brassica

(cole), leafy vegetables, group at 0.25,

0.50, 10.0, and 10.0 ppm, respectively.

These tolerances were set under the