34318 Federal Register / Vol. 63, No. 121 /Wednesday, June 24, 1998 /Rules and Regulations

Commodity Parts per million Expiration/Revocation Date

* * * * * * *

1 There are no U.S. registrations on grapes as of June 24, 1998.

[FR Doc. 98–16822 Filed 6–23–98; 8:45 am]

BILLING CODE 6560–50–F

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.

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; email: nevola.joseph@epamail.epa.gov.

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:

Old CFR section New CFR

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.
Federal Register / Vol. 63, No. 121 /Wednesday, June 24, 1998 /Rules and Regulations 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.

§ 185.425 [Redesignated as § 180.519]

b. Section 185.425 is redesignated as

§ 180.519. Newly designated § 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:

§ 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]

§ 185.2900 [Redesignated as § 180.520]

c. Section 185.2900 is redesignated as

§ 180.520. Newly designated § 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:

§ 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]

§ 185.3475 [Redesignated as § 180.521]

d. Section 185.3475 is redesignated as

§ 180.521. Newly designated § 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:

§ 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]

§ 185.3480 [Redesignated as § 180.522]

e. Section 185.3480 is redesignated as

§ 180.522. Newly designated § 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:

§ 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]

§ 185.4025 [Redesignated as § 180.523]

f. Section 185.4025 is redesignated as

§ 180.523. Newly designated § 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:

§ 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]

§ 185.4200 [Redesignated as § 180.524]

g. Section 185.4200 is redesignated as

§ 180.524. Newly designated § 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:

§ 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]

§ 185.5300 [Redesignated as § 180.525]

h. Section 185.5300 is redesignated as

§ 180.525. Newly designated § 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:

§ 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]

§ 186.5400 [Redesignated as § 180.526]

i. Section 186.5400 is redesignated as

§ 180.526. Newly designated § 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:

§ 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