[Federal Register Volume 63, Number 121 (Wednesday, June 24, 1998)]
[Rules and Regulations]
[Pages 34318-34319]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-16674]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 180, 185, and 186

[OPP-300627; FRL-5777-7]
RIN 2070-AB78


Recodification of Certain Tolerance Regulations

AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency is issuing this technical 
amendment to consolidate parts 185 and 186 pesticide tolerance 
regulations into part 180. This recodification is consistent with the 
Food Quality Protection Act which places all pesticide tolerances under 
section 408 of the Federal Food, Drug, and Cosmetic Act, thus 
eliminating the distinction between pesticide tolerances for raw and 
processed foods.

DATES: This regulation becomes effective June 24, 1998.

FOR FURTHER INFORMATION CONTACT: By mail, Joseph Nevola, Special Review 
Branch (7508W), Office of Pesticide Programs, Environmental Protection 
Agency, 401 M St., SW., Washington, DC 20460. Office location, 
telephone number and e-mail address: 3rd Floor, Crystal Station, 2800 
Crystal Drive, Arlington, VA 22202, (703) 308-8037; e-mail: 
<a href="/cdn-cgi/l/email-protection#e48a81928b8885ca8e8b9781948ca481948589858d88ca819485ca838b92"><span class="__cf_email__" data-cfemail="fa949f8c95969bd49095899f8a92ba9f8a9b979b9396d49f8a9bd49d958c">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: Pesticide tolerance regulations promulgated 
under sections 408 and 409 of the Federal Food, Drug, and Costmetic Act 
(FFDCA), 21 U.S.C. 346a and 348, appear in parts 180, 185 and 186 of 
title 40 of the Code of Federal Regulations. Part 180 contains 
pesticide tolerance regulations for pesticide chemical residues in raw 
agricultural commodities. Such regulations were promulgated under FFDCA 
section 408. Parts 185 and 186 contain food additive regulations for 
pesticide chemical residues in processed food. These regulations were 
promulgated under FFDCA section 409.
    The Food Quality Protection Act (FQPA) was signed into law in 
August of 1996. Under section 408(j) of the FFDCA, as amended by the 
FQPA, all pesticide tolerances established under FFDCA section 409 were 
deemed to be tolerances under FFDCA section 408. Since there is no 
longer a statutory reason for the separation of these tolerances into 
different parts of the CFR, as a part of the routine process of issuing 
new and revised tolerances, EPA is consolidating certain sections of 
the regulations in parts 185 and 186 into 40 CFR part 180. Although the 
tolerances are being restructured to fit into part 180, no substantive 
changes are being made. The tolerance regulations in parts 185 and 186 
are being redesignated as follows:

------------------------------------------------------------------------
                                                                New CFR 
                       Old CFR section                          section 
------------------------------------------------------------------------
185.425......................................................   180.519 
185.2900.....................................................   180.520 
185.3475.....................................................   180.521 
185.3480.....................................................   180.522 
185.4025.....................................................   180.523 
185.4200.....................................................   180.524 
185.5300.....................................................   180.525 
186.5400.....................................................   185.526 
------------------------------------------------------------------------

    This action is being taken pursuant to EPA's authority under FFDCA 
section 408(e)(1)(C) to issue regulations implementing the requirements 
of section 408. Because this regulation involves a technical change to 
existing regulations and has no substantive impact, EPA for good cause 
finds that it would be in the public interest to promulgate this 
regulations without issuing a notice of proposed rulemaking under 
section 408(e)(2).

I. Regulatory Assessment Requirements

    This final rule does not impose any requirements. It only 
implements technical amendments to the Code of Federal Regulations 
(CFR), by recodifying certain tolerances that have already been 
established under FFDCA section 408. Basically, this notice simply 
consolidates the tolerances, which currently appear in two separate 
parts of the CFR (i.e., 40 CFR parts 185 and 186), into a single part 
(i.e., 40 CFR part 180). As such, this action does not require review 
by the Office of Management and Budget (OMB) under Executive Order 
12866, entitled Regulatory Planning and Review (58 FR 51735, October 4, 
1993), the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et seq., or 
Executive Order 13045, entitled Protection of Children from 
Environmental Health Risks and Safety Risks (62 FR 19885, April 23, 
1997). For the same reason, it does not require any action under Title 
II of the Unfunded Mandates Reform Act of 1995 (UMRA) (Pub. L. 104-4), 
Executive Order 12875, entitled Enhancing the Intergovernmental 
Partnership (58 FR 58093, October 28, 1993), or Executive Order 12898, 
entitled Federal Actions to Address Environmental Justice in Minority 
Populations and Low-Income Populations (59 FR 7629, February 16, 1994). 
In addition, since this type of action does not require any proposal, 
no action is needed under the Regulatory Flexibility Act (RFA) (5 
U.S.C. 601 et seq.).

II. Submission to Congress and the General Accounting Office

    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

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.


[[Page 34319]]


    Dated: June 3, 1998.

Lois Rossi,

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

PART 180--[AMENDED]

    a. The authority citation for part 180 would continue to read as 
follows:

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

Sec. 185.425 [Redesignated as Sec. 180.519]

    b. Section 185.425 is redesignated as Sec. 180.519. Newly 
designated Sec. 180.519 is amended by revising the section heading, 
designating the introductory text as paragraph (a) introductory text, 
redesignating paragraphs (a), (b) and (c) as paragraphs (a)(1), (a)(2) 
and (a)(3) respectively, adding a heading to newly designated paragraph 
(a), and by adding and reserving paragraphs (b), (c) and (d) with 
headings. The revisions and additions read as follows:


Sec. 180.519  Bromide ion and residual bromine; tolerances for 
residues.

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

Sec. 185.2900 [Redesignated as Sec. 180.520]

    c. Section 185.2900 is redesignated as Sec. 180.520. Newly 
designated Sec. 180.520 is amended by revising the section heading, 
redesignating paragraphs (a), (b), and (c) as paragraphs (a)(1), (a)(2) 
and (a)(3), respectively, by designating the introductory text as 
paragraph (a) introductory text, adding a heading to newly designated 
paragraph (a), and by adding and reserving new paragraphs (b), (c) and 
(d) with headings. The revisions and additions read as follows:


Sec. 180.520  Ethyl formate; tolerances for residues.

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

Sec. 185.3475 [Redesignated as Sec. 180.521]

    d. Section 185.3475 is redesignated as Sec. 180.521. Newly 
designated Sec. 180.521 is amended by revising the section heading, 
redesignating paragraphs (a), (b), and (c) as paragraphs (a)(1), (a)(2) 
and (a)(3), respectively, by designating the introductory text as 
paragraph (a) introductory text, adding a heading to newly designated 
paragraph (a), and by adding and reserving new paragraphs (b), (c) and 
(d) with headings. The revisions and additions read as follows:


Sec. 180.521  Fumigants for grain-mill machinery; tolerances for 
residues.

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

Sec. 185.3480 [Redesignated as Sec. 180.522]

    e. Section 185.3480 is redesignated as Sec. 180.522. Newly 
designated Sec. 180.522 is amended by revising the section heading, 
redesignating paragraphs (a), (b), (c) and (d) as paragraphs (a)(1), 
(a)(2), (a)(3) and (a)(4), respectively, by designating the 
introductory text as paragraph (a) introductory text, adding a heading 
to newly designated paragraph (a), and by adding and reserving new 
paragraphs (b), (c) and (d) with headings. The revisions and additions 
read as follows:


Sec. 180.522  Fumigants for processed grains used in production of 
fermented malt beverages; tolerances for residues.

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

Sec. 185.4025 [Redesignated as Sec. 180.523]

    f. Section 185.4025 is redesignated as Sec. 180.523. Newly 
designated Sec. 180.523 is amended by revising the section heading, 
redesignating paragraphs (a), (b), (c) introductory text, (c)(1), 
(c)(2), and (c)(3) as paragraphs (a)(1), (a)(2), (a)(3), (a)(3)(i), 
(a)(3)(ii), and (a)(3)(iii), respectively, by designating the 
introductory text as paragraph (a) introductory text, adding a heading 
to newly designated paragraph (a), and by adding and reserving new 
paragraphs (b), (c) and (d) with headings. The revisions and additions 
read as follows:


Sec. 180.523  Metaldehyde; tolerances for residues.

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

Sec. 185.4200 [Redesignated as Sec. 180.524]

    g. Section 185.4200 is redesignated as Sec. 180.524. Newly 
designated Sec. 180.524 is amended by revising the section heading, 
designating the existing text as paragraph (a), adding a paragraph 
heading to newly designated paragraph (a), and by adding and reserving 
paragraphs (b), (c) and (d) with headings. The revisions and additions 
read as follows:


Sec. 180.524  1-Methoxycarbonyl-1-propen-2-yl dimethylphosphate and its 
beta isomer; tolerances for residues.

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

Sec. 185.5300 [Redesignated as Sec. 180.525]

    h. Section 185.5300 is redesignated as Sec. 180.525. Newly 
designated Sec. 180.525 is amended by revising the section heading, 
designating the text as paragraph (a), adding a heading to newly 
designated paragraph (a), and by adding and reserving new paragraphs 
(b), (c) and (d) with headings. The revisions and additions read as 
follows:


Sec. 180.525  Resmethrin; tolerances for residues.

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

Sec. 186.5400 [Redesignated as Sec. 180.526]

    i. Section 186.5400 is redesignated as Sec. 180.526. Newly 
designated Sec. 180.526 is amended by revising the section heading, 
designating the text as paragraph (a), adding a heading to newly 
designated paragraph (a), and by adding and reserving new paragraphs 
(b), (c) and (d) with headings. The revisions and additions read as 
follows:


Sec. 180.526  Synthetic isoparaffinic petroleum hydrocarbons; 
tolerances for residues.

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

[FR Doc. 98-16674 Filed 6-23-98; 8:45 am]
BILLING CODE 6560-50-F


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