[Federal Register Volume 66, Number 4 (Friday, January 5, 2001)]
[Rules and Regulations]
[Pages 1242-1246]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-367]



[[Page 1241]]

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Part IV





Environmental Protection Agency





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40 CFR Part 180



Methyl Parathion; Notice of Pesticide Tolerance Revocations; Final Rule





Department of Health and Human Services





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Food and Drug Administration



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Final Guidance for Industry: Channels of Trade Policy for Commodities 
with Methyl Parathion Residues; Availability; Notice

Federal Register / Vol. 66, No. 4 / Friday, January 5, 2001 / Rules 
and Regulations

[[Page 1242]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[OPP-301076; FRL-6752-6]
RIN 2070- AB78


Methyl Parathion; Notice of Pesticide Tolerance Revocations

AGENCY:  Environmental Protection Agency (EPA).

ACTION:  Final rule.

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SUMMARY:  The Environmental Protection Agency previously published in 
the Federal Register a proposed rule, proposing to revoke methyl 
parathion tolerances for several commodities. This document announces 
the revocation of tolerances for the insecticide methyl parathion on 
the following commodities: Apples, artichokes, beets (greens alone), 
beets (with or without tops), birdsfoot trefoil forage, birdsfoot 
trefoil hay, broccoli, Brussels sprouts, carrots, cauliflower, celery, 
cherries, collards, grapes, kale, lentils, kohlrabi, lettuce, mustard 
green, nectarines, peaches, pears, plums (fresh prunes), rutabagas 
(with or without tops), rutabaga tops, spinach, tomatoes, turnips (with 
or without tops), turnips greens, vegetables leafy Brassica (cole), and 
vetch. Additionally, EPA is amending the following tolerances: beans 
(amend to beans, dried), peas (amend to peas, dried) so that methyl 
parathion is not used on succulent beans and peas. Note that methyl 
parathion may still be used on lentils; however, residues on lentils 
are covered by the tolerance for peas, dried. Foods legally treated 
with methyl parathion may continue to be marketed under the provisions 
of the Federal Food, Drug, and Cosmetic Act (FFDCA). The regulatory 
actions in this document are part of the Agency's reregistration 
program under the Federal Insecticide, Fungicide, and Rodenticide Act 
(FIFRA), and the tolerance reassessment requirements of the FFDCA. By 
law, EPA is required to reassess 66% of the tolerances in existence on 
August 2, 1996, by August 2002, or about 6,400 tolerances. These 
tolerances were established under section 408 of the FFDCA, 21 U.S.C. 
346a. EPA is revoking these tolerances because the Agency has canceled 
the pesticide registrations under FIFRA, 7 U.S.C. 136 et seq., 
associated with them.

DATES:  This regulation is effective January 5, 2001. Objections and 
requests for hearings, identified by docket control number OPP-301076, 
must be received by EPA on or before March 6, 2001.

ADDRESSES: Written objections and hearing requests may be submitted by 
mail, in person, or by courier. Please follow the detailed instructions 
for each method as provided in Unit VI. of the  SUPPLEMENTARY 
INFORMATION. To ensure proper receipt by EPA, your objections and 
hearing requests must identify docket control number OPP-301076 in the 
subject line on the first page of your response.

FOR FURTHER INFORMATION CONTACT By mail: Laura Parsons, Special Review 
and Registration Division (7508C), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., 
NW.,Washington, DC 20460; telephone number: 703-305-5776 and e-mail 
address: <a href="/cdn-cgi/l/email-protection#70001102031f1e035e1c11050211301500115e171f06"><span class="__cf_email__" data-cfemail="75051407061a1b065b1914000714351005145b121a03">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be affected by this action if you are an agricultural 
producer, food manufacturer, or pesticide manufacturer. Potentially 
affected categories and entities may include, but are not limited to:

------------------------------------------------------------------------
                                                          Examples of
           Categories                 NAICS codes         potentially
                                                       affected entities
------------------------------------------------------------------------
Industry                          111                 Crop production
                                  112                 Animal production
                                  311                 Animal production
                                  32532               Food manufacturing
                                                       pesticide
                                                       manufacturing
------------------------------------------------------------------------

    This listing is not intended to be exhaustive, but rather provides 
a guide for readers regarding entities likely to be affected by this 
action. Other types of entities not listed in the table could also be 
affected. The North American Industrial Classification System (NAICS) 
codes have been provided to assist you and others in determining 
whether or not this action might apply to certain entities. If you have 
questions regarding the applicability of this action to a particular 
entity, consult the person listed under FOR FURTHER INFORMATION 
CONTACT.

B. How Can I Get Additional Information, Including Copies of this 
Document and Other Related Documents?

    1. Electronically. You may obtain electronic copies of this 
document, and certain other related documents that might be available 
electronically, from the EPA Internet Home Page at http://www.epa.gov/. 
To access this document, on the Home Page select ``Laws and 
Regulations,'' ``Regulations and Proposed Rules,'' and then look up the 
entry for this document under the ``Federal Register--Environmental 
Documents.'' You can also go directly to the Federal Register listings 
at http://www.epa.gov/fedrgstr/.
    2. In person. The Agency has established an official record for 
this action under docket control number OPP-301076. The official record 
consists of the documents specifically referenced in this action, and 
other information related to this action, including any information 
claimed as Confidential Business Information (CBI). This official 
record includes the documents that are physically located in the 
docket, as well as the documents that are referenced in those 
documents. The public version of the official record does not include 
any information claimed as CBI. The public version of the official 
record, which includes printed, paper versions of any electronic 
comments submitted during an applicable comment period is available for 
inspection in the Public Information and Records Integrity Branch 
(PIRIB), Rm. 119, Crystal Mall #2, 1921 Jefferson Davis Hwy., 
Arlington, VA, from 8:30 a.m. to 4 p.m., Monday through Friday, 
excluding legal holidays. The PIRIB telephone number is (703) 305-5805.

II. Background

A. What Action is the Agency Taking?

    In August 1999, the methyl parathion registrants submitted requests 
to voluntarily cancel registration of products containing methyl 
parathion for certain uses as the result of an agreement reached 
between EPA and the registrants. Given the risks associated with use of 
methyl parathion under the existing terms and conditions of use, EPA 
granted the requests for voluntary cancellation. On October 27, 1999, 
EPA published a notice in the Federal Register (64 FR 578771) (FRL-
6387-8) announcing the cancellation of all methyl parathion uses on 
fruits and most uses on vegetables. The notice of voluntary 
cancellation, the date of allowable use, and the intent to revoke the 
methyl parathion tolerances were widely publicized. USDA sent 
notification to our trading partners through the World Trade 
Organization notification procedures. EPA also notified the regulatory 
authorities in over 145 countries as per FIFRA 17(b). For the canceled 
uses, existing stock of methyl parathion was allowed to be used until 
December 31, 1999.
    On August 2, 1999 the EPA Administrator stated that while the 
current food supply is safe, the

[[Page 1243]]

cancellation of certain uses of methyl parathion makes the food supply 
safer. This action is part of EPA's overall effort to reduce risks to 
the food supply under the Congressional mandate imposed by FQPA.

B. Comments Received on Proposed Revocation

    In the Federal Register of June 2, 2000 (65 FR 35307) (FRL-6491-9), 
EPA issued a proposed rule to revoke the tolerances listed in this 
final rule. In response to this document, nine parties submitted 
comments. Comments were received from Knouse Foods, Minor Crop Farmer 
Alliance, National Food Processors Association, The California 
Pistachio Commission, Elf Atochem, The Almond Hullers and Processors 
Association, Consultants in Toxicology, Risk Assessment and Product 
Safety (CTRAPS), The European Commission, and Jellinek, Swartz and 
Connelly representing the registrant, Cheminova.
    Seven of the commenters addressed one or both of two issues. The 
first is whether the FQPA section 408(l)(2), which requires revocation 
of tolerances for dietary risk based cancellations within 180 days of 
the last legal use, applies to voluntary cancellations. The methyl 
parathion registrants agreed upon use cancellations after considering 
the dietary risk assessment which showed unacceptably high levels of 
methyl parathion in foods. The commenters stated that ``Congress did 
not intend for 408 (l)(2) to apply to voluntary cancellations.''
    Response. EPA interprets 408(l)(2) of FDCA to apply to both 
cancellations effected through FIFRA 6(f) (voluntary action by a 
registrant) and those effected through FIFRA 6(b) (an Agency initiated 
cancellation action), provided that the cancellation is related to 
dietary risk. The Agency would point out that most cancellations are 
voluntary in nature, even when related to dietary risk, and we believe 
that congressional intent was to provide guidance on how to handle the 
majority of cases.
    The second issue is that not all of the uses contributed to the 
dietary risk and therefore, only tolerances which contribute heavily to 
dietary risk should be included in the 408(l)(2) revocation.
    Response. The Agency agrees that certain uses contributed more 
heavily towards dietary risk to children than other uses; in fact, 
certain uses considered alone exceeded the allowable dietary level. 
However, since the Agency is concerned with risk which is aggregated 
from all dietary sources, it is not possible to separate particular 
tolerances as exempt from 408(l)(2) because their contribution to 
dietary risk is less than from other commodities.
    Two additional comments were received. The European Union comment 
addressed the timing of the action and requested that the Agency 
postpone this action until after the JMPR Codex Review of methyl 
parathion scheduled for the autumn of 2000 so as to not give the 
appearance that this is ``an emergency action.''
    Response. While the Agency agrees that the tolerance revocation is 
not an emergency situation, the Agency is required to take this action 
in accordance with the timing requirements of FFDCA section 408(l)(2).
    Consultants in Toxicology, Risk Assessment and Product Safety 
submitted a comment addressing the methodology of the methyl parathion 
risk assessment suggesting that the Agency should follow a degradate of 
methyl parathion, p-nitrophenol, in the general population instead of 
trying to predict dietary exposures from residues on food items.
    Response. P-nitrophenol is metabolized from several pharmaceutical 
and pesticidal compounds, including methyl parathion. EPA prefers to 
use risk assessment methodologies which are as specific to the compound 
as possible in order to accurately characterize the risk.

C. Comments Received on Other Issues Relating to the Methyl Parathion 
Cancellation.

    The Federal Register proposal ((65 FR 35307, June 2, 2000) (FRL 
6491-9) Methyl Parathion; Notice of Proposed Tolerance Revocations and 
Channels of Trade Provision Guidance) also sought comment on alternate 
approaches for avoiding any potential problems to commerce or trade 
caused by revocation of these tolerances, and also provided an 
opportunity for interested parties to comment on the methyl parathion 
registrants requests to cancel various methyl parathion uses. No 
comments were received which addressed either of these issues.

D. What is the Agency's Authority for Taking this Action?

    A ``tolerance'' represents the maximum level for residues of 
pesticide chemicals legally allowed in or on raw agricultural 
commodities (RACs) and processed foods. Section 408 of FFDCA, 21 U.S.C. 
346a, as amended by the FQPA of 1996, Public Law 104-170, authorizes 
the establishment of tolerances, exemptions from tolerance 
requirements, modifications in tolerances, and revocation of tolerances 
for residues of pesticide chemicals in or on RACs and processed foods. 
Without a tolerance or exemption, food containing pesticide residues is 
considered to be unsafe and therefore, ``adulterated'' under section 
402(a) of the FFDCA. 21 U.S.C. 342(a). FFDCA section 301 prohibits, 
among other things, introduction or delivery for introduction into 
interstate commerce of any adulterated food. 21 U.S.C. 331(a). For a 
food-use pesticide to be sold and distributed, the pesticide must be 
registered under section 3, section 5, or section 18 of FIFRA (7 U.S.C. 
et seq.) Food-use pesticides not registered in the United States may 
have tolerances for residues of such pesticides in or on commodities 
imported into the United States provided that EPA has determined that 
the tolerance is safe under section 408.
    Monitoring and enforcement of pesticide tolerances and exemptions 
are carried out by the U.S. Food and Drug Administration (FDA) and the 
U.S. Department of Agriculture (USDA). This includes monitoring for 
pesticide residues in or on commodities imported into the United 
States.

E. When do These Actions Become Effective?

    The tolerance revocation is effective on January 5, 2001.
    Any commodities listed in the regulatory text of this document that 
are treated with methyl parathion, and that are in the channels of 
trade following the tolerance revocations, shall be subject to FFDCA 
section 408(l)(5), the ``channels of trade provision'' as established 
by the FQPA. Under this section, any residue of methyl parathion in or 
on such commodities shall not render the commodities adulterated so 
long as it is shown to the satisfaction of FDA that, (1) the residue is 
present as the result of an application or use of the pesticide at a 
time and in a manner that was lawful under FIFRA, and (2) the residue 
does not exceed the level that was authorized at the time of the 
application or use to be present on the food under a tolerance or 
exemption from a tolerance. The channels of trade provision allows for 
the orderly marketing of foods that may currently contain legal 
residues resulting from lawful applications of methyl parathion.

F. What Action is FDA Taking with Respect to the Tolerance Revocation?

    The FDA in a related notice published elsewhere in this issue of 
the Federal Register is announcing the availability of a guidance 
document presenting FDA's policy on its planned enforcement approach 
for foods

[[Page 1244]]

containing methyl parathion residues. This guidance will assist firms 
in understanding the types of showing under section 408(l)(5) of the 
FFDCA that FDA may find satisfactory in accordance with its planned 
enforcement approach for such section.

G. What is the Contribution to Tolerance Reassessment?

    By law, EPA is required to reassess 66% or about 6,400 of the 
tolerances in existence on August 2, 1996, by August 2002. EPA is also 
required to assess the remaining tolerances by August, 2006. As of 
April 25, 2000, EPA has assessed over 3,471 tolerances. This document 
removes 1 (the tolerance for lentils which is covered by the tolerance 
for peas, dried) and revokes 30 methyl parathion tolerances. However, 
27 of these 30 tolerances are expressed as parathion which, as 
previously defined, may be either ethyl parathion or methyl parathion 
(this rule redefines those tolerances to include only ethyl parathion); 
only 3 of the 30 tolerances are methyl parathion alone. Therefore, 
three tolerances will be counted among reassessments made toward the 
August, 2002 review deadline of FFDCA section 408(q), as amended by the 
Food Quality Protection Act (FQPA) of 1996.

III. Are There Any International Trade Issues Raised by this Final 
Action?

    EPA is working to ensure that the U.S. tolerance reassessment 
program under FQPA does not disrupt international trade. EPA considers 
codex maximum residue limits (MRLs) in setting U.S. tolerances and in 
reassessing them. MRLs are 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 possible, EPA seeks 
to harmonize U.S. tolerances with Codex MRLs. EPA may establish a 
tolerance that is different from a Codex MRL; however, FFDCA section 
408(b)(4) requires that EPA explain in a Federal Register document the 
reasons for departing from the Codex level. EPA's effort to harmonize 
with Codex MRLs is summarized in the tolerance reassessment section of 
individual reregistration eligibility decision documents or other 
documents which reassess tolerances. The U.S. EPA has developed 
guidance concerning submissions for import tolerance support. This 
guidance will be made available to interested persons.

IV. Objections and Hearing Requests

    Under section 408(g) of the FFDCA, as amended by the FQPA, any 
person may file an objection to any aspect of this regulation and may 
also request a hearing on those objections. The EPA procedural 
regulations which govern the submission of objections and requests for 
hearings appear in 40 CFR part 178.

A. What Do I Need to Do to File an Objection or Request a Hearing?

    You must file your objection or request a hearing on this 
regulation in accordance with the instructions provided in this unit 
and in 40 CFR part 178. To ensure proper receipt by EPA, you must 
identify docket control number OPP-301076 in the subject line on the 
first page of your submission. All requests must be in writing, and 
must be mailed or delivered to the Hearing Clerk on or before March 6, 
2001.
    1. Filing the request. Your objection must specify the specific 
provisions in the regulation that you object to, and the grounds for 
the objections (40 CFR 178.25). If a hearing is requested, the 
objections must include a statement of the factual issues(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). 
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.
    Mail your written request to: Office of the Hearing Clerk (1900), 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460. You may also deliver your request to the Office 
of the Hearing Clerk in Rm. C400, Waterside Mall, 401 M St., SW., 
Washington, DC 20460. The Office of the Hearing Clerk is open from 8 
a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The 
telephone number for the Office of the Hearing Clerk is (202) 260-4865.
    2. Objection/hearing fee payment. If you file an objection or 
request a hearing, you must also pay the fee prescribed by 40 CFR 
180.33(i) or request a waiver of that fee pursuant to 40 CFR 180.33(m). 
You must mail the fee to: EPA Headquarters Accounting Operations 
Branch, Office of Pesticide Programs, P.O. Box 360277M, Pittsburgh, PA 
15251. Please identify the fee submission by labeling it ``Tolerance 
Petition Fees.''
    EPA is authorized to waive any fee requirement ``when in the 
judgement of the Administrator such a waiver or refund is equitable and 
not contrary to the purpose of this subsection.'' For additional 
information regarding the waiver of these fees, you may contact James 
Tompkins by phone at (703) 305-5697, by e-mail at <a href="/cdn-cgi/l/email-protection#65110a08150e0c0b164b0f0c08250015044b020a13"><span class="__cf_email__" data-cfemail="22564d4f52494b4c510c484b4f624752430c454d54">[email protected]</span></a>, 
or by mailing a request for information to Mr. Tompkins, Registration 
Division (7505C), Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
    If you would like to request a waiver of the tolerance objection 
fees, you must mail your request for such a waiver to: James Hollins, 
Information Resources and Services Division (7502C), Office of 
Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania 
Ave., NW., Washington, DC 20460.
    3. Copies for the docket. In addition to filing an objection or 
hearing request with the Hearing Clerk as described in Unit IV.A., you 
should also send a copy of your request to the PIRIB for its inclusion 
in the official record that is described in Unit I.B.2. Mail your 
copies, identified by docket control number OPP-301076, to: Public 
Information and Records Integrity Branch, Information Resources and 
Services Division (7502C), Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460. 
In person or by courier, bring a copy to the location of the PIRIB 
described in Unit I.B.2. You may also send an electronic copy of your 
request via e-mail to: <a href="/cdn-cgi/l/email-protection#fa958a8ad79e9599919f8eba9f8a9bd49d958c"><span class="__cf_email__" data-cfemail="620d12124f060d01090716220712034c050d14">[email protected]</span></a>. Please use an ASCII file 
format and avoid 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 6.1/8.0 file format or ASCII 
file format. Do not include any CBI in your electronic copy. You may 
also submit an electronic copy of your request at many Federal 
Depository Libraries.

B. When Will the Agency Grant a Request for a Hearing?

    A request for a hearing will be granted if the Administrator 
determines that the material submitted shows the following: There is a 
genuine and substantial issue of fact; there is a reasonable 
possibility that available evidence identified by the requestor would, 
if established resolve one or more of such issues in favor of the 
requestor, taking into account

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uncontested claims or facts to the contrary; and resolution of the 
factual issues(s) in the manner sought by the requestor would be 
adequate to justify the action requested (40 CFR 178.32).

V. Regulatory Assessment Requirements

    This final rule will revoke tolerances under FFDCA section 408. The 
Office of Management and Budget (OMB) has exempted this type of action, 
i.e. a tolerance revocations for which extraordinary circumstances do 
not exist, from review under Executive Order 12866, entitled Regulatory 
Planning and Review October 4, 1993 (58 FR 51735). 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) (Public Law 
104-4). Nor does it require any prior consultation as specified by 
Executive Order 13084, entitled Consultation and Coordination with 
Indian Tribal Governments May 19, 1998 (63 FR 27655); special 
considerations as required by Executive Order 12898, entitled Federal 
Actions to Address Environmental Justice in Minority Populations and 
Low-Income Populations February 16, 1994 (59 FR 7629); or require OMB 
review or any Agency action under Executive Order 13045, entitled 
Protection of Children from Environmental Health Risks and Safety Risks 
April 23, 1997 (62 FR 19885). This action does not involve any 
technical standards that would require Agency consideration of 
voluntary consensus standards pursuant to section 12(d) of the National 
Technology Transfer and Advancement Act of 1995 (NTTAA), Public Law 
104-113, section 12(d) (15 U.S.C. 272 note). Pursuant to the Regulatory 
Flexibility Act (RFA) (5 U.S.C. 601 et seq.), the Agency previously 
assessed whether revocations of tolerances might significantly impact a 
substantial number of small entities and concluded that, as a general 
matter, these actions do not impose a significant economic impact on a 
substantial number of small entities. This analysis was published on 
December 17, 1997 (62 FR 66020), and was provided to the Chief Counsel 
for Advocacy of the Small Business Administration. Taking into account 
this analysis, and available information concerning the pesticides 
listed in this rule, the EPA certifies that this action will not have a 
significant economic impact on a substantial number of small entities. 
Specifically, as per the 1997 notice, EPA has reviewed its available 
data on imports and foreign pesticide usage and concludes that there 
will not be a significant economic impact on a substantial number of 
small produce importing businesses. Furthermore, the Agency knows of no 
extraordinary circumstances that exist as to the present revocation 
that would change EPA's previous analysis.
    In addition, the Agency has determined that this action will not 
have a substantial direct effect on States, on the relationship between 
the national government and the States, or on the distribution of power 
and responsibilities among the various levels of government, as 
specified in Executive Order 13132, entitled Federalism  August 10, 
1999 (64 FR 43255). Executive Order 13132 requires EPA to develop an 
accountable process to ensure ``meaningful and timely input by State 
and local officials in the development of regulatory policies that have 
federalism implications.'' ``Policies that have federalism 
implications'' is defined in the Executive Order to include regulations 
that have ``substantial direct effects on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government.'' This final rule directly regulates growers, food 
processors, food handlers and food retailers, not States. This action 
does not alter the relationships or distribution of power and 
responsibilities established by Congress in the preemption provisions 
of FFDCA section 408(n)(4).

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 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 this final rule in the Federal Register. This final 
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: December 20, 2000.

Marcia E. Mulkey,

Director, Office of Pesticide Programs.

    Therefore, 40 CFR part 180 is amended as follows:

PART 180--[AMENDED]

    1. The authority citation for part 180 continues to read as 
follows:

    Authority:  21 U.S.C. 321(q), (346a) and 371.


    2. Section 180.121 is revised to read as follows:


 Sec. 180.121  Parathion or its methyl homolog; tolerances for residues

    (a) General. (1) Tolerances are established for residues of the 
insecticide parathion (O, O-Diethyl-O-p-nitrophenyl thiophosphate) or 
its methyl homolog in or on the following food commodities:

------------------------------------------------------------------------
                                                                  Parts
                           Commodity                               per
                                                                 million
------------------------------------------------------------------------
Alfalfa (fresh)................................................     1.25
Alfalfa (hay)..................................................        5
Almonds........................................................      0.1
Almond hulls...................................................        3
Apricots.......................................................        1
Avocados.......................................................        1
Barley.........................................................        1
Beans, dried...................................................        1
Beets, sugar...................................................      0.1
Beets,sugar, (tops)............................................      0.1
Blackberries...................................................        1
Blueberries (huckleberries)....................................        1
Boysenberries..................................................        1
Cabbage........................................................        1
Clover.........................................................        1
Corn...........................................................        1
Corn, forage...................................................        1
Cotton, seed...................................................     0.75
Cranberries....................................................        1
Cucumbers......................................................        1
Currants.......................................................        1
Dates..........................................................        1
Dewberries.....................................................        1
Eggplants......................................................        1
Endive (escarole)..............................................        1
Figs...........................................................        1
Filberts.......................................................      0.1
Garlic.........................................................        1
Gooseberries...................................................        1
Grass (forage).................................................        1
Guavas.........................................................        1
Hops...........................................................        1
Mangos.........................................................        1
Melons.........................................................        1
Mustard seed...................................................      0.2
Oats...........................................................        1
Okra...........................................................        1
Olives.........................................................        1
Onions.........................................................        1
Parsnips (with or without tops)................................        1
Parsnipgreens (alone)..........................................        1

[[Page 1246]]

 
Peanuts........................................................        1
Peas, dried....................................................        1
Pea, forage....................................................        1
Pecans.........................................................      0.1
Peppers........................................................        1
Pineapples.....................................................        1
Potatoes.......................................................      0.1
Pumpkins.......................................................        1
Quinces........................................................        1
Radish (with or without tops)..................................        1
Radish (tops)..................................................        1
Rape, seed.....................................................      0.2
Raspberries....................................................        1
Rice...........................................................        1
Safflower seed.................................................      0.1
Sorghum........................................................      0.1
Sorghum, fodder................................................        3
Sorghum forage.................................................        3
Soybeans.......................................................      0.1
Soybean hay....................................................        1
Squash.........................................................        1
Strawberries...................................................        1
Summer squash..................................................        1
Sunflower seed.................................................      0.2
Sweet potatoes.................................................      0.1
Swiss chard....................................................        1
Walnuts........................................................      0.1
Wheat..........................................................        1
Youngberries...................................................        1
------------------------------------------------------------------------

    (2) Tolerances are established for residues of the insecticide 
parathion O, O-Dimethyl-O-p-nitrophenyl thiophosphate (the methyl 
homolog of parathion) in or on the following RACs:

------------------------------------------------------------------------
                                                                  Parts
                           Commodity                               per
                                                                 million
------------------------------------------------------------------------
Guar beans.....................................................      0.2
Parsley........................................................        1
------------------------------------------------------------------------

    (3) Tolerances are established for residues of the insecticide 
parathion O, O-Diethyl-O-p-nitrophenyl thiophosphate (ethyl parathion) 
in or on the following RACs:

------------------------------------------------------------------------
                                                                  Parts
                           Commodity                               per
                                                                 million
------------------------------------------------------------------------
Apples.........................................................        1
Artichokes.....................................................        1
Beets greens (alone)...........................................        1
Beets (with or without tops)...................................        1
Broccoli.......................................................        1
Brussels sprouts...............................................        1
Carrots........................................................        1
Cauliflower....................................................        1
Celery.........................................................        1
Cherries.......................................................        1
Collards.......................................................        1
Grapes.........................................................        1
Kale...........................................................        1
Kohlrabi.......................................................        1
Lettuce........................................................        1
Mustard green..................................................        1
Nectarines.....................................................        1
Peaches........................................................        1
Pears..........................................................        1
Plums (fresh prunes)...........................................        1
Rutabagas(with or without tops)................................        1
Rutabaga tops..................................................        1
Spinach........................................................        1
Tomatoes.......................................................        1
Turnips (with or without tops).................................        1
Turnips greens.................................................        1
Vetch..........................................................        1
------------------------------------------------------------------------

    (b) Section 18 emergency exemptions. [Reserved]
    (c) Tolerances with regional registrations. [Reserved]
    (d) Indirect or inadvertent residues. [Reserved]
    (e) Revoked tolerances subject to the channel of trade provisions. 
The following table lists commodities for which methyl parathion use 
was unlawful after December 31, 1999, and the revoked tolerances. 
Commodities with residues of methyl parathion resulting from lawful use 
are subject to the channels of trade provisions of section 408(1)(5) of 
the FFDCA.

------------------------------------------------------------------------
                                                                  Parts
                           Commodity                               per
                                                                 million
------------------------------------------------------------------------
Apples.........................................................        1
Artichokes.....................................................        1
Beets greens (alone)...........................................        1
Beets (with or without tops)...................................        1
Birdsfoot trefoil (forage).....................................     1.25
Birdsfoot trefoil (hay)........................................        5
Broccoli.......................................................        1
Brussels sprouts...............................................        1
Carrots........................................................        1
Cauliflower....................................................        1
Celery.........................................................        1
Cherries.......................................................        1
Collards.......................................................        1
Grapes.........................................................        1
Kale...........................................................        1
Kohlrabi.......................................................        1
Lettuce........................................................        1
Mustard green..................................................        1
Nectarines.....................................................        1
Peaches........................................................        1
Peaches........................................................        1
Pears..........................................................        1
Plums (fresh prunes)...........................................        1
Rutabagas (with or without tops)...............................        1
Rutabaga tops..................................................        1
Spinach........................................................        1
Tomatoes.......................................................        1
Turnips (with or without tops).................................        1
Turnips greens.................................................        1
Vegetables leafy Brassica (cole)...............................        1
Vetch..........................................................        1
------------------------------------------------------------------------


[FR Doc. 01-367 Filed 1-4-01; 8:45 am]
BILLING CODE 6560-50-S


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