[Federal Register Volume 61, Number 125 (Thursday, June 27, 1996)]
[Proposed Rules]
[Pages 33469-33474]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16587]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 180, 185 and 186

[OPP-300433; FRL-5380-9]
RIN 2070-AC18


Glyphosate; Proposed Revision of Tolerances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA has completed the reregistration process and issued a 
Reregistration Eligibility Decision document (RED) for the herbicide 
glyphosate (N-phosphonomethyl glycine). In the reregistration process, 
all information to support a pesticide's continued registration is 
reviewed for

[[Page 33470]]

adequacy and, when needed, supplemented with new scientific studies. 
Based on the RED tolerance assessments for glyphosate and subsequent 
comments, EPA is proposing to revise food and feed tolerances, food 
additive regulations and feed additive regulations. In addition, this 
document proposes to revise the tolerance expression for residues of 
glyphosate for all glyphosate food and feed tolerances, food additive 
regulations and feed additive regulations.
DATES: Written comments, identified by the docket control number OPP-
300433, must be received on or before August 26, 1996.

ADDRESSES: By mail, submit comments to Public Response and Program 
Resources Branch, Field Operations Division (7506C), Office of 
Pesticide Programs, 401 M St., SW., Washington, DC 20460. In person, 
deliver comments to Rm. 1132, Crystal Mall #2, 1921 Jefferson Davis 
Highway, Arlington, VA 22202.
    Comments and data may also be submitted electronically by sending 
electronic mail (e-mail) to: <a href="/cdn-cgi/l/email-protection#19766969347d767a727c6d597c697874787075377c6978377e766f"><span class="__cf_email__" data-cfemail="177867673a7378747c7263577267767a767e7b3972677639707861">[email protected]</span></a>. Electronic 
comments must be submitted as an ASCII file avoiding the use of special 
characters and any form of encryption. Comments and data will also be 
accepted on disks in WordPerfect 5.1 file format or ASCII file format. 
All comments and data in electronic form must be identified by the 
docket number OPP-300433. No Confidential Business Information (CBI) 
should be submitted through e-mail. Electronic comments on this 
proposed rule may be filed online at many Federal Depository Libraries. 
Additional information on electronic submissions can be found in the 
SUPPLEMENTARY INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: By mail: Paul Parsons, 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. Telephone (703) 308-8037, 
e-mail: <a href="/cdn-cgi/l/email-protection#55253427263a3b267b253420391530253438343c397b3025347b323a23"><span class="__cf_email__" data-cfemail="c3b3a2b1b0acadb0edb3a2b6af83a6b3a2aea2aaafeda6b3a2eda4acb5">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION

I. Legal Authorization

    The Federal Food, Drug, and Cosmetic Act (FFDCA) [21 U.S.C. 301 et 
seq.] authorizes the establishment of tolerances (maximum legal residue 
levels) and exemptions from the requirement of a tolerance for residues 
of pesticide chemicals in or on raw agricultural commodities pursuant 
to section 408 [21 U.S.C. 346(a)]. Without such tolerances or 
exemptions, a food containing pesticide residues is considered to be 
``adulterated'' under section 402 of the FFDCA, and hence may not 
legally be moved in interstate commerce [21 U.S.C. 342]. To establish a 
tolerance or an exemption under section 408 of the FFDCA, EPA must make 
a finding that the promulgation of the rule would ``protect the public 
health'' [21 U.S.C. 346a(b)]. To establish food additive regulations 
(FARs) to cover pesticide residues in processed foods under section 409 
of FFDCA, EPA must determine that the proposed use of the food additive 
will be safe (21 U.S.C. 348). For a pesticide to be sold, distributed, 
and used in the production of food crops, animals, or processed food, 
the pesticide must not only have appropriate tolerances or FARs under 
the FFDCA, but also must be registered under the Federal Insecticide, 
Fungicide, and Rodenticide Act (FIFRA, 7 U.S.C. 136 et seq.).
    In 1988, Congress amended the Federal Insecticide, Fungicide and 
Rodenticide Act (FIFRA) and required EPA to review and reassess the 
potential hazards arising from currently registered uses of pesticides 
registered prior to November 1, 1984. As part of this process, the 
Agency must determine whether a pesticide is eligible for 
reregistration and if any subsequent actions are required to fully 
attain reregistration status. EPA has chosen to include in the 
reregistration process a reassessment of existing tolerances or 
exemptions from the need for a tolerance. Through this reassessment 
process, EPA can determine whether a tolerance must be amended, 
revoked, or established, or whether an exemption from the requirement 
of one or more tolerances must be amended or is necessary.
    The procedure for establishing, amending, or repealing tolerances 
or exemptions from the requirement of tolerances is set forth in the 
Code of Federal Regulations at 40 CFR part 177 through 180. The 
Administrator of EPA or any person may initiate an action proposing to 
establish, amend, revoke, or exempt a tolerance for a pesticide 
registered for food uses. Each petition or request for a new tolerance, 
an amendment to an existing tolerance, or a new exemption from the 
requirement of a tolerance must be accompanied by a fee or a request 
for a waiver of such fee. Current Agency policy on tolerance actions 
arising from the reregistration process is to administratively process 
some actions without requiring payment of a fee; this waiver of fees 
applies to revisions or revocations of established tolerances, and to 
proposed exemptions from the requirement of a tolerance if the proposed 
exemption requires the concurrent revocation of an established 
tolerance. Comments submitted in response to the Agency's published 
proposals are reviewed; the Agency then publishes its final 
determination regarding the specific tolerance actions.

II. Regulatory Background and Proposed Actions

A. Regulatory Background

    The tolerance proposals described in this action follow the 
Agency's tolerance reassessment that was completed and included in the 
Reregistration Eligibility Decision (RED) for glyphosate dated 
September 1993. While the reassessment determined that many tolerances 
established for glyphosate are adequate and supported by sufficient 
data, many changes are needed to other glyphosate tolerances for 
various reasons, including: increasing or decreasing existing 
tolerances based on new data, harmonizing with CODEX when appropriate, 
and revising commodity terminology, Crop Group designations, and 
definitions that are not in accordance with the revised Crop Group 
Regulation (40 CFR part 180, 60 FR 26626, May 17, 1995; FRL-4939-9) or 
with the final 860 Series Residue Chemistry Guidelines (860.1000) 
published as public drafts on August 25, 1995 (60 FR 44343) (formerly 
Table II of Subdivision O, Residue Chemistry, of the Pesticide 
Assessment Guidelines). Also, this notice will correct any errors in 
the RED tolerance reassessment.
    Several maximum residue limits (MRLs) for glyphosate have been 
established by the Codex Committee on Pesticide Residues, a committee 
within the Codex Alimentarius Commission, an international organization 
formed to promote the coordination of international food standards. 
When the Agency has sufficient data to make a determination that the 
risk is not unreasonable, EPA seeks to harmonize U.S. tolerances with 
CODEX MRLs. CODEX regulates glyphosate per se while the United States 
regulates the combined residues of glyphosate and its metabolite 
aminomethylphosphonic acid (AMPA). The Agency has determined that AMPA 
no longer needs to be regulated and therefore is proposing to delete it 
from the tolerance expression. Based on this determination, the 
expression of the U.S. tolerances and the CODEX MRLs will be the same.
    This document also takes into account final tolerance actions taken 
subsequent

[[Page 33471]]

to the RED. The first of these actions was establishment of a tolerance 
of 25 ppm on almond, hulls, 1 ppm on the tree nuts crop group, 5 ppm on 
wheat, grain, 85 ppm on wheat, straw, and 20 ppm on wheat milling 
fractions (except flour) on July 7, 1993 (58 FR 36358). Wheat milling 
fractions have subsequently been renamed wheat bran, middlings, and 
shorts.
    The second group of actions was published in the Federal Register 
April 5, 1996 (61 FR 15192; FRL-5351-1). That final rule established or 
amended tolerances for alfalfa and soybeans and their associated 
commodities, sunflowers, animal kidneys, and citrus fruit and 
associated commodities, revoked the tolerance for soybean straw, and 
deleted AMPA from the tolerance expression for all tolerances affected 
by the notice. This document proposes to include the tolerance for 
alfalfa forage and alfalfa hay in the tolerance for the non-grass 
animal feeds group, forage and hay.
    This document amends 40 CFR 180.364, 185.3500, and 186.3500.
    B. Proposed Actions
    1. AMPA. The food and feed tolerances currently listed in 40 CFR 
180.364(a), (b), and (c), and the food additive and feed additive 
regulations listed in 40 CFR 185.3500 and in 40 CFR 186.3500 are for 
the combined residues of glyphosate and its metabolite (AMPA) resulting 
from the application of glyphosate and its salts for herbicidal or 
plant growth regulation purposes. Upon receipt and review of additional 
toxicological data, EPA has determined that AMPA is no longer of 
toxicological concern. EPA bases this conclusion on a 90-day feeding 
study in rats (EPA MRID #241351) which shows the very low toxicity of 
AMPA. Therefore, there is no need to monitor levels of AMPA residue and 
EPA is proposing to delete this compound from the tolerance expression 
in 40 CFR 180.364(a), (b), and (c), 185.3500 and in 186.3500.
    The tolerances currently listed in Sec. 180.364(d), which were 
established after the issuance of the RED in September 1993, do not 
include AMPA in the tolerance expression. Therefore, the tolerances now 
in Sec. 180.364(d) are proposed to be incorporated in Sec. 180.364(a), 
and Sec. 180.364(d) will be deleted.
    2. Negligible residue terminology. Some tolerances currently listed 
under 40 CFR 180.364(a) are described as being negligible residues, 
denoted ``N.'' The Agency no longer uses negligible residue 
terminology, and so this notice proposes to delete references to 
negligible residues. These deletions do not change the numerical value 
of the tolerances. The current tolerances affected by this proposed 
change are grain crops (except wheat); grasses, forage; leafy 
vegetables; seed and pod vegetables; seed and pod vegetables, forage; 
and seed and pod vegetables, hay.
    3. Revisions to tolerances and food and feed additive regulations. 
The RED identified the need to revise or revoke tolerances and food or 
feed additive regulations for glyphosate. These proposed actions are 
based on new data which indicate that a change is needed in the 
tolerance or food and feed additive regulations. When possible, EPA has 
sought to harmonize tolerances and food and feed additive regulations 
with CODEX MRLs.
    The dietary risk resulting from the changes proposed in the RED do 
not result in an unreasonable risk. The Agency estimates chronic 
dietary risks for noncancer endpoints by comparing dietary exposure to 
the Reference Dose (RfD). The RfD is an estimate of the daily oral 
exposure to humans over a lifetime that is not expected to result in 
adverse health effects. The RfD is based on the determination of a 
critical effect from a review of all toxicity data and a judgment of 
uncertainty. In the case of glyphosate, the RfD is 2 mg/kg body weight/
day, based on a no-observed effect level (NOEL) of 175 mg/kg 
bodyweight/day from a developmental toxicity study in rabbits, and an 
uncertainty factor of 100 to account for extrapolation from animal data 
to humans and variability in the human population. Using conservative 
assumptions, glyphosate residues represent 1.4 percent of the RfD.
    The following sections describe the proposed substantive changes in 
the glyphosate tolerances and food and feed additive regulations.
    a. Food and feed tolerances: 40 CFR 180.364(a). i. Commodity name 
changes. EPA has changed the name of the commodity acerola to Barbados 
cherry, and the name of the commodity genip to marmaladebox.
    ii. Cotton forage. EPA proposes to revoke the tolerance for cotton 
hay and cotton forage since these are no longer used as livestock feed 
items.
    iii. Forage grasses. In accordance with the revised Crop Group 
Regulation (40 CFR part 180) (60 FR 26626, May 17, 1995), the grass 
forage, fodder, and hay group now includes all of the forage grasses 
for which tolerances have been established. EPA proposes to replace the 
established tolerances for forage grasses (0.2 ppm); grasses, forage 
(0.2 ppm); Bahiagrass; Bermudagrass; bluegrass; bromegrass; fescue; 
orchardgrass; ryegrass; timothy; and wheatgrass (all currently set at 
200 ppm), with a tolerance for residues in or on the grass forage, 
fodder, and hay group at 100 ppm. The available field data indicate 
that following registered use, residues in or on the grass forage, 
fodder, and hay group are greater than 0.2 ppm but will not exceed 100 
ppm, so the higher tolerance level of 200 ppm is unnecessary.
    iv. Kiwifruit. EPA proposes to decrease the tolerance for kiwifruit 
from 0.2 ppm to 0.1 ppm. The Agency has re-examined field data to 
support this tolerance, and its reconsideration shows that this value 
will be appropriate and will harmonize with the Codex Maximum Residue 
Levels (MRLs).
    v. Okra. Okra was included in the now-obsolete seed and pod 
vegetables crop group, which has been replaced by ``legume vegetables 
(succulent or dried) group.'' This new group does not include okra. 
Therefore, EPA proposes to establish a tolerance for okra at the same 
level as before, 0.2 ppm.
    vi. Root vegetables. The Monsanto Company, sole technical 
registrant of glyphosate, noted that all of the representative 
commodities (carrot, potato, radish, and sugar beet) for the Root and 
Tuber Vegetables Crop Group have established tolerances at 0.2 ppm. 
Therefore, EPA proposes to establish a tolerance of 0.2 ppm for this 
Crop Group. The listings for individual commodities in this crop group 
(Jerusalem artichoke, garden beet, chicory root, carrot, horseradish, 
parsnip, potato, radish, rutabaga, salsify, sugar beet, sweet potato, 
turnip, and true yam), do not need to be listed separately in 
Sec. 180.364(a), and so will be deleted.
    vii. Sapote. Sapote has been a general term for a number of 
different tropical fruits. EPA proposes to replace the tolerance for 
sapote at 0.2 ppm with separate tolerances for black sapote and white 
sapote, already established at 0.2 ppm, and mamey sapote, also at 0.2 
ppm.
    viii. Small fruits and berries. EPA proposes to establish separate 
tolerances for strawberries, cranberries and grapes at 0.2 ppm. All 
three commodities were members of the former small fruits and berries 
group, which has been revised to no longer include them.
    ix. Seed and pod vegetables; legume crops. EPA proposes to replace 
the existing tolerances for alfalfa (200 ppm), alfalfa fresh and hay 
(0.2 ppm), clover (200 ppm), and forage legumes (except soybeans and 
peanuts) (0.4 ppm) with a tolerance of 200 ppm for residues in or on 
the non-grass animal feeds (forage, fodder, straw, and hay) group, 
which now includes these commodities. In

[[Page 33472]]

establishing this group tolerance, EPA has considered field data to 
show that this value is appropriate. EPA also proposes to include the 
tolerance for alfalfa forage (75 ppm) and alfalfa hay (200 ppm), 
published in the Federal Register April 5, 1996 (61 FR 15192) in the 
non-grass animal feeds group, forage and hay (200 ppm) and to delete 
the individual tolerances for alfalfa forage and alfalfa hay.
    EPA proposes to replace the established crop group tolerances for 
the now-obsolete crop group ``seed and pod vegetables'' with ``legume 
vegetables (succulent or dried) group (except soybeans),'' and to 
increase these tolerances from 0.2 ppm to 5 ppm. The Agency has 
considered field data to show that this value is appropriate and will 
harmonize with the Codex MRLs. Soybeans are excluded from the legume 
vegetable crop group because the use pattern for soybeans is different 
from other legume vegetables, resulting in higher residues. Notice of a 
final rule revising tolerances for soybeans and associated commodities 
was published in the Federal Register April 5, 1996 (61 FR 15192).
    b. Food and feed tolerances: 40 CFR 180.364(b). EPA proposes to 
revoke the tolerance for peanut, hulls (shells) since these are no 
longer used as a livestock feed item.
    EPA proposes to increase the U.S. tolerance for cattle, liver from 
0.5 ppm to 2.0 ppm; and to increase the U.S. tolerance for hogs, liver 
from 0.5 ppm to 1.0 ppm. The Agency has considered livestock residue 
data to show that these values are appropriate, and will harmonize with 
the Codex MRLs.
    c. Food and feed tolerances: 40 CFR 180.364(c). EPA proposes to 
establish a tolerance for okra at 0.1 ppm. Okra is a nonleguminous 
member of the now-obsolete seed and pod vegetables crop group, which 
has been replaced by ``legume vegetables (succulent or dried) group.'' 
This new group does not include okra. There are no other changes to 
these tolerances except in crop terminology.
    d. Food and feed tolerances: 40 CFR 180.364(d). There are no other 
changes to these tolerances except in crop terminology.
    e. Food additive regulations: 40 CFR 185.3500. There are no changes 
to these food additive regulations except in crop terminology.
    f. Feed additive regulations: 40 CFR 186.3500. EPA proposes to 
revoke the tolerance for citrus, molasses, since this is no longer used 
as a livestock feed item. There are no other changes to these feed 
additive regulations except in crop terminology.
    4. Revising commodity definitions. Many current glyphosate 
tolerances and food or feed additive regulations include commodity 
terminology, crop group designations or definitions that are not in 
accordance with the revised Crop Group Regulation (40 CFR Part 180, 60 
FR 26626, May 17, 1995) or with the final 860 Series Residue Chemistry 
Guidelines (860.1000) published as public drafts on August 25, 1995 (60 
FR 44343) (formerly Table II of Subdivision O, Residue Chemistry, of 
the Pesticide Assessment Guidelines). These changes in commodity 
terminology do not involve any change in the numerical value of the 
tolerance or food or feed additive regulation. The proposed amendments 
at the end of this document list these changes in commodity 
terminology.
    5. Corrections to the RED. The RED indicated that there were no 
registered glyphosate products for use on many minor crops, mostly 
subtropical fruits and vegetables, for which there are established 
tolerances in Sec. 180.364(a). Therefore, the RED noted that these 
tolerances should be revoked. However, the Agency has discovered that 
these uses are listed on current glyphosate labels, and so will not 
propose to revoke the associated tolerances.
    The RED also indicated that the tolerances for cranberries and 
grapes in Sec. 180.364(a) should be revoked, since these commodities 
would be included under the small fruits and berries group. On August 
25, 1993, the Agency proposed to revise this crop grouping to exclude 
cranberries and grapes (58 FR 44990). This action would, in effect, 
leave cranberries and grapes with no established tolerances, so the EPA 
will not propose to revoke these established tolerances.
    The RED also indicated that the tolerance for instant tea in 
Sec. 185.3500 should be revoked, since this commodity was not listed in 
Table II of Subdivision O, Residue Chemistry, of the Pesticide 
Assessment Guidelines. However, the most recent update of Table II, 
from September 1995, does include instant tea as a processed commodity, 
so the tolerance will be retained at 1.0 ppm.

III. Comments Received in Response to RED Regarding Tolerances

    The Monsanto Company made several comments in response to the RED 
tolerance reassessment. Monsanto commented on inconsistencies in the 
RED document and provided new information or clarifications regarding 
proposals in the RED tolerance reassessment. In most cases the Agency 
agreed with Monsanto and the Agency's decision is reflected in this 
proposal.

IV. Public Comment Procedures

    Interested persons are invited to submit written comments, 
information, or data in response to this proposed rule. Comments must 
be submitted by August 26, 1996.
    Information submitted as a comment concerning this document may be 
claimed confidential by marking any or all of that information as 
``Confidential Business Information'' (CBI). Information so marked will 
not be disclosed except in accordance with procedures set forth in 40 
CFR part 2. A copy of a comment 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.
    A record has been established for this proposal under docket number 
OPP-300433 (including comments and data submitted electronically as 
described below). 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 a.m. to 
4:30 p.m., Monday through Friday, excluding legal holidays. The public 
record is located in Rm. 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 can be sent directly to EPA at:
    <a href="/cdn-cgi/l/email-protection#204f50500d444f434b4554604550414d41494c0e4550410e474f56"><span class="__cf_email__" data-cfemail="0f607f7f226b606c646a7b4f6a7f6e626e6663216a7f6e21686079">[email protected]</span></a>.
    Electronic comments must be submitted as an ASCII file avoiding the 
use of special characters and any form of encryption.
    The official record for this proposal, as well as the public 
version, as described above will be kept in paper form. Accordingly, 
EPA will transfer all comments received electronically into printed, 
paper form as they are received and will place the paper comments 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.
    Any person who has registered or submitted an application for 
registration of a pesticide, under the Federal Insecticide, Fungicide, 
and Rodenticide Act (FIFRA) as amended, which contains any of the 
ingredients listed herein, may request within 30 days after

[[Page 33473]]

publication of this proposed rule in the Federal Register that this 
rulemaking proposal be referred to an Advisory Committee in accordance 
with section 408(e) of the FFDCA.
    To satisfy requirements for analysis specified by Executive Order 
12866 and the Regulatory Flexibilitys Act, EPA has considered impacts 
of this proposal, and determined that they will be negligible.

V. References

    The following reference was used in the preparation of this final 
rule.
     U.S. Environmental Protection Agency. Reregistration 
Eligibility Document (RED) Glyphosate Case 0178. September 1993.


VI. Regulatory Assessment Requirements

    To satisfy requirements for analysis specified by Executive Order 
12866, the Regulatory Flexibility Act, the Paperwork Reduction Act, and 
the Unfunded Mandates Reform Act, EPA has analyzed the impacts of this 
proposal.

A. Executive Order 12866

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), the 
Agency must determine whether the regulatory action is ``significant'' 
and therefore subject to all the requirements of the Executive Order 
(i.e., Regulatory Impact Analysis, review by the Office of Management 
and Budget (OMB)). Under section 3(f), the order defines 
``significant'' as those actions likely to lead to a rule (1) having an 
annual effect on the economy of $100 million or more, or adversely and 
materially affecting a sector of the economy, productivity, 
competition, jobs, the environment, public health or safety, or State, 
local or tribal governments or communities (also known as 
``economically significant''); (2) creating serious inconsistency or 
otherwise interfering with an action taken or planned by another 
agency; (3) materially altering the budgetary impacts of
    entitlement, grants, user fees, or loan programs; or (4) raising 
novel legal or policy issues arising out of legal mandates, the 
President's priorities, or the principles set forth in this Executive 
Order.
    Pursuant to the terms of this Executive Order, EPA has determined 
that this rule is not ``significant'' and is therefore not subject to 
OMB review.

B. Regulatory Flexibility Act

    Pursuant to the requirements of the Regulatory Flexibility Act (5 
U.S.C. 601-612), the Administrator has determined that regulations 
establishing new tolerances or raising tolerance levels or establishing 
exemptions from tolerance requirements do not have a significant 
economic impact on a substantial number of small entities. A 
certification statement explaining the factual basis for this 
determination was published in the Federal Register of May 4, 1981 (46 
FR 24950).

C. Paperwork Reduction Act

    This proposed regulatory action does not contain any information 
collection requirements subject to review by OMB under the Paperwork 
Reduction Act of 1980, 44 U.S.C. 3501 et seq.

D. Unfunded Mandates Reform Act

    This action does not impose any enforceable duty, or contain any 
``unfunded mandates'' as described in Title II of the Unfunded Mandates 
Reform Act of 1995 (Pub. L. 104-4), or require prior consultation as 
specified by Executive Order 12875 (58 FR 58093, October 28, 1993), 
entitled Enhancing the Intergovernmental Partnership, or special 
consideration as required by Executive Order 12898 (59 FR 7629, 
February 16, 1994).

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

    Food additives, Pesticides and pest.

40 CFR Part 186

    Animal feeds, Pesticides and pest.
    Dated: June 20, 1996.

Lois Rossi,
Director, Special Review and Reregistration Division, Office of 
Pesticide Programs.
    Therefore, 40 CFR, Chapter I, parts 180, 185 and 186 are proposed 
to be 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. Section 180.364 is revised to read as follows:


Sec. 180.364 Glyphosate, tolerances for residues.

    (a) Tolerances are established for the residues of glyphosate (N-
phosphonomethyl glycine) per se resulting from application of the 
isopropylamine salt of glyphosate and/or the monoammonium salt of 
glyphosate in or on the following agricultural commodities:

------------------------------------------------------------------------
                                                              Parts per 
                         Commodity                             million  
------------------------------------------------------------------------
Almond, hulls..............................................           25
Asparagus..................................................          0.5
Atemoya....................................................          0.2
Avocado....................................................          0.2
Banana.....................................................          0.2
Barbados cherry............................................          0.2
Berries group..............................................          0.2
Brassica (Cole) leafy vegetables group.....................          0.2
Breadfruit.................................................          0.2
Bulb vegetables (Allium spp.) group........................          0.2
Cacao bean.................................................          0.2
Canistel...................................................          0.2
Carambola..................................................          0.2
Cereal grains group (except wheat).........................          0.1
Cherimoya..................................................          0.2
Citrus fruits group........................................          0.5
Coconut....................................................          0.1
Coffee bean, green.........................................          1.0
Cotton, undelinted seed....................................           15
Cranberry..................................................          0.2
Cucurbit vegetables group..................................          0.2
Date.......................................................          0.2
Fig........................................................          0.2
Foliage of legume vegetables group (except soybean forage               
 and hay)..................................................          0.2
Forage, fodder, and straw of cereal grains group (except                
 wheat straw)..............................................          0.2
Fruiting vegetables (except Cucurbits) group...............          0.1
Grape......................................................          0.2
Grass forage, fodder, and hay group........................          100
Guava......................................................          0.2
Jaboticaba.................................................          0.2
Jackfruit..................................................          0.2
Kiwifruit..................................................          0.1
Leafy vegetables (except Brassica vegetables) group........          0.2
Leaves of root and tuber vegetables (human food or animal               
 feed) group...............................................          0.2
Legume vegetables (succulent or dried) group (except                    
 soybean)..................................................            5
Longan.....................................................          0.2
Lychee.....................................................          0.2
Mamey sapote...............................................          0.2
Mango......................................................          0.2
Marmaladebox...............................................          0.2
Non-grass animal feeds (forage and hay) group..............          200
Okra.......................................................          0.2
Olive......................................................          0.2
Papaya.....................................................          0.2
Passion fruit..............................................          0.2
Peanut, hay................................................          0.5
Persimmon..................................................          0.2
Pineapple..................................................          0.1
Pistachio..................................................          0.2
Pome fruits group..........................................          0.2
Pomegranate................................................          0.2
Root and tuber vegetables..................................          0.2
Sapodilla..................................................          0.2

[[Page 33474]]

                                                                        
Sapote, black..............................................          0.2
Sapote, white..............................................          0.2
Soursop....................................................          0.2
Soybean, seed..............................................           20
Soybean, forage............................................          100
Soybean, hay...............................................          200
Soybean, aspirated grain fractions.........................           50
Stone fruits group.........................................          0.2
Strawberry.................................................          0.2
Sugar apple................................................          0.2
Sunflower, seed............................................          0.1
Tamarind...................................................          0.2
Tree nuts group............................................          1.0
Wheat, grain...............................................          5.0
Wheat, straw...............................................           85
------------------------------------------------------------------------



    (b) Tolerances are established for the residues of glyphosate (N-
phosphonomethyl glycine) per se resulting from application of the 
isopropylamine salt of glyphosate and/or the monoammonium salt of 
glyphosate for herbicidal and plant growth regulator purposes and/or 
the sodium sesqui salt for plant regulator purposes in or on the 
following agricultural commodities:

------------------------------------------------------------------------
                                                              Parts per 
                         Commodity                             million  
------------------------------------------------------------------------
Cattle, kidney.............................................          4.0
Cattle, liver..............................................          2.0
Fish.......................................................         0.25
Goat, kidney...............................................          4.0
Goat, liver................................................          0.5
Hog, kidney................................................          4.0
Hog, liver.................................................          1.0
Horse, kidney..............................................          4.0
Horse, liver...............................................          0.5
Peanut.....................................................          0.1
Peanut, hay................................................          0.5
Poultry, kidney............................................          0.5
Poultry, liver.............................................          0.5
Sheep, kidney..............................................          4.0
Sheep, liver...............................................          0.5
Shellfish..................................................          3.0
Sugarcane..................................................          2.0
------------------------------------------------------------------------

    (c) Tolerances are established for the residues of glyphosate (N-
phosphonomethyl glycine) per se resulting from the use of irrigation 
water containing residues of 0.5 ppm following applications on or 
around aquatic sites on the following agricultural commodities. Where 
tolerances are established at higher levels from other uses of 
glyphosate in or on the subject crops, the higher tolerance should also 
apply to residues from the aquatic uses cited in this paragraph.

------------------------------------------------------------------------
                                                              Parts per 
                         Commodity                             million  
------------------------------------------------------------------------
Avocado....................................................          0.1
Brassica (Cole) leafy vegetables group.....................          0.1
Bulb vegetables (Allium spp.) group........................          0.1
Cereal grains group........................................          0.1
Citrus fruits group........................................          0.1
Cotton, undelinted seed....................................          0.1
Cucurbit vegetables group..................................          0.1
Foliage of legume vegetables group.........................          0.1
Forage, fodder, and straw of cereal grains group...........          0.1
Fruiting vegetables (except Cucurbits) group...............          0.1
Grass forage, fodder, and hay group........................          0.1
Hops.......................................................          0.1
Leafy vegetables (except Brassica vegetables) group........          0.1
Leaves of root and tuber vegetables (human food or animal               
 feed) group...............................................          0.1
Legume vegetables (succulent or dried) group...............          0.1
Non-grass animal feeds (forage, fodder, straw, and hay)                 
 group.....................................................          0.1
Okra.......................................................          0.1
Pome fruits group..........................................          0.1
Root and tuber vegetables group............................          0.1
Stone fruits group.........................................          0.1
Tree nuts group............................................          0.1
------------------------------------------------------------------------

PART 185--[AMENDED]

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


    b. Section 185.3500 is revised to read:


Sec. 185.3500  Glyphosate.

    (a) Food additive regulations are established for the residues of 
glyphosate (N-phosphonomethyl glycine) per se when present therein as a 
result of the herbicide application to the growing crops:
    (1) Glyphosate (N-phosphonomethyl glycine) per se resulting from 
the application of the isopropylamine salt of glyphosate for herbicidal 
purposes and/or the sodium sesqui salt for plant growth regulator 
purposes.

------------------------------------------------------------------------
                                                              Parts per 
                         Commodity                             million  
------------------------------------------------------------------------
Sugarcane, molasses........................................         30.0
------------------------------------------------------------------------

    (2) Glyphosate (N-phosphonomethyl glycine) per se resulting from 
the application of the isopropylamine salt of glyphosate for herbicidal 
purposes.

------------------------------------------------------------------------
                                                              Parts per 
                         Commodity                             million  
------------------------------------------------------------------------
Olive......................................................          0.1
Palm, oil, refined.........................................          0.1
Tea, dried.................................................          1.0
Tea, instant...............................................          7.0
------------------------------------------------------------------------

    (3) Glyphosate (N-phosphonomethyl glycine) per se resulting from 
the application of the isopropylamine salt of glyphosate or the 
monoammonium salt of glyphosate for herbicidal purposes.

------------------------------------------------------------------------
                                                              Parts per 
                         Commodity                             million  
------------------------------------------------------------------------
Wheat bran, middlings, and shorts..........................         20.0
------------------------------------------------------------------------

    (b) [Reserved]

PART 186--[AMENDED]

    3. In Part 186:
    a. The authority citation for part 186 continues to read as 
follows:
    Authority: 21 U.S.C. 348.


    b. Section 186.3500 is revised to read:


Sec. 186.3500   Glyphosate.

    A feed additive regulation is established permitting residues of 
glyphosate per se (N-phosphonomethyl glycine) in or on the following 
feed commodities from application of the isopropylamine salt of 
glyphosate and/or the monoammonium salt of glyphosate to the raw 
agricultural commodities citrus and soybeans:

------------------------------------------------------------------------
                                                              Parts per 
                         Commodity                             million  
------------------------------------------------------------------------
Citrus, pulp, dried........................................          1.5
Soybean, hulls.............................................          100
------------------------------------------------------------------------


[FR Doc. 96-16587 Filed 6-26-96; 8:45 am]
BILLING CODE 6560-50-F


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