[Federal Register Volume 63, Number 54 (Friday, March 20, 1998)]
[Rules and Regulations]
[Pages 13541-13543]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-7311]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[OPP-300613; FRL-5769-8]
RIN 2070-AB78


Acephate; Technical Amendment

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

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SUMMARY: EPA is issuing a technical amendment to the acephate 
tolerances to add food additive regulations for use of acephate in food 
handling establishments.

DATES: This rule becomes effective March 20, 1998. Written objects and 
hearing requests must be received by May 19, 1998.
FOR FURTHER INFORMATION CONTACT: By mail, Jeffrey Morris, 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: 3rd floor, Crystal Station, 
2800 Crystal Drive, Arlington, VA 22202, (703) 308-8029; e-mail: 
[email protected].
ADDRESSES: Written objections and hearing requests, identified by the 
docket control number [OPP-300613], must be submitted to: Hearing Clerk 
(1900), Environmental Protection Agency, Rm. M3708, 401 M St., SW., 
Washington, DC 20460. Fees accompanying objections and hearing requests 
shall be labeled ``Tolerance Petition Fees'' and forwarded to: EPA 
Headquarters Accounting Operations Branch, OPP (Tolerance Fees), P.O. 
Box 360277M, Pittsburgh, PA 15251. A copy of any objections and hearing 
requests filed with the Hearing Clerk identified by the docket control 
number, [OPP-300613], must also be submitted to: Public Information and 
Records Integrity Branch, Information Resources and Services Division 
(7502C), Office of Pesticide Programs, Environmental Protection Agency, 
401 M St., SW., Washington, DC 20460. In person, bring a copy of 
objections and hearing requests to Rm. 119, Crystal Mall #2, 1921 
Jefferson Davis Highway, Arlington, VA.
    A copy of objections and hearing requests filed with the Hearing 
Clerk may be submitted electronically by sending electronic mail (e-
mail) to: [email protected]. Copies of electronic objections 
and hearing requests must be submitted as an ASCII file avoiding the 
use of special characters and any form of encryption.

[[Page 13542]]

 Copies of electronic objections and hearing requests will also be 
accepted on disks in WordPerfect 5.1/6.1 or ASCII file format. All 
copies of electronic objections and hearing requests must be identified 
by the docket control number [OPP-300613]. No Confidential Business 
Information (CBI) should be submitted through e-mail. Copies of 
electronic objections and hearing requests on this rule may be filed 
online at many Federal Depository Libraries.

SUPPLEMENTARY INFORMATION: In the Federal Register of January 14, 1998, 
(63 FR 2163) the Office of Pesticide Programs transferred certain of 
the pesticide food and feed additive regulations (FRL-5755-9) in parts 
185 and 186 to part 180. The consolidation was necessary because, 
whereas in the past, tolerances for processed food and animal feeds 
regulated under section 409 of the Federal Food, Drug and Cosmetic Act 
(FFDCA, 21 U.S.C. 301 et seq.) were placed under parts 185 and 186, as 
a matter of law all tolerances are now considered to be regulated under 
FFDCA section 408 as amended by the Food Quality Protection Act (Pub. 
L. 104-17), and therefore, are being placed under part 180. In the 
consolidation of Sec. 185.100 with Sec. 180.108, some of the text from 
Sec. 185.100 was inadvertently removed instead of being transferred to 
Sec. 180.108. This rule correctly revises Sec. 180.108.

I. Public Record and Electronic Submissions

    EPA has established a record for this rulemaking under docket 
control number [OPP-300613] (including any comments and data submitted 
electronically). A public version of this record, including printed, 
paper versions of electronic comments, which does not include any 
information claimed as CBI, is available for inspection from 8:30 a.m. 
to 4 p.m., Monday through Friday, excluding legal holidays. The public 
record is located in Room 119 of the Public Information and Records 
Integrity Branch, Information Resources and Services Division (7502C), 
Office of Pesticide Programs, Environmental Protection Agency, Crystal 
Mall #2, 1921 Jefferson Davis Highway, Arlington, VA.
    Electronic comments may be sent directly to EPA at:
    [email protected].


    Electronic comments must be submitted as an ASCII file avoiding the 
use of special characters and any form of encryption.
    The official record for this rulemaking, as well as the public 
version, as described above will be kept in paper form. Accordingly, 
EPA will transfer any copies of objections and hearing requests 
received electronically into printed, paper form as they are received 
and will place the paper copies in the official rulemaking record which 
will also include all comments submitted directly in writing. The 
official rulemaking record is the paper record maintained at the 
Virginia address in ``ADDRESSES'' at the beginning of this document.

II. Regulatory Assessment Requirements

    This final rule does not impose any requirements. It only 
implements a technical correction to the Code of Federal Regulations 
(CFR). 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.).

III. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the Agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and the Comptroller General of the United 
States. EPA will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. This rule is not a 
``major rule'' as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 180

    Environmental protection, Administrative practice and procedure, 
Agricultural commodities, Pesticides and pests, Reporting and 
recordkeeping requirements.

    Dated: February 19, 1998.

Lois Rossi,

Director, Special Review and Reregistration Division, Office of 
Pesticide Programs.

    Therefore, 40 CFR chapter I, part 180 is amended as follows:
    1. The authority citation for part 180 continues to read as 
follows:

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

    2. Section 180.108 is revised to read as follows:


Sec. 180.108   Acephate; tolerances for residues.

    (a) General. (1) Tolerances are established for combined residues 
of acephate (O,S-dimethyl acetylphosphoramidothioate) and its 
cholinesterase-inhibiting metabolite O,S-dimethylphosphura-midothioate 
in or on raw agricultural commodities as follows:

------------------------------------------------------------------------
                                                               Parts per
                          Commodity                             million 
------------------------------------------------------------------------
Beans (succulent and dry form, of which no more than 1 ppm              
 is O,S-dimethyl phosphoramidothioate)......................        3   
Brussels sprouts (of which no more than 0.5 is O, S-dimethyl            
 phosphoramido-thioate).....................................        3.0 
Cattle, fat.................................................        0.1 
Cattle, mbyp................................................        0.1 
Cattle, meat................................................        0.1 
Cauliflower (of which no more than 0.5 is O, S-dimethyl                 
 phosphoramido-thioate).....................................        2.0 
Celery (of which no more than 1 ppm is O,S-dimethyl                     
 phosphoramidothioate)......................................       10   
Cottonseed..................................................        2   
Cottonseed, hulls...........................................        4   
Cottonseed, meal............................................        8   
Cranberries (of which no more than 0.1 ppm is 0,S-dimethyl              
 phosphoramidothioate)......................................        0.5 
Eggs........................................................        0.1 
Goats, fat..................................................        0.1 
Goats, mbyp.................................................        0.1 
Goats, meat.................................................        0.1 
Grass (pasture & range).....................................       15   
Grass hay...................................................       15   
Hogs, fat...................................................        0.1 
Hogs, mbyp..................................................        0.1 
Hogs, meat..................................................        0.1 
Horses, fat.................................................        0.1 
Horses, mbyp................................................        0.1 
Horses, meat................................................        0.1 
Lettuce (head, of which no more than 1 ppm is O,S-dimethyl              
 phosphoramidothioate)......................................       10   
Milk........................................................        0.1 

[[Page 13543]]

                                                                        
Mint hay (of which no more than 1 ppm is O,S-dimethyl                   
 phosphoramidothioate)......................................       15.0 
Peanuts.....................................................        0.2 
                                                                        
Peppers (of which no more than 1 ppm is O, S-dimethyl                   
 phosphoroamidothioate).....................................        4.0 
Poultry, fat................................................        0.1 
Poultry, mbyp...............................................        0.1 
Poultry, meat...............................................        0.1 
Sheep, fat..................................................        0.1 
Sheep, mbyp.................................................        0.1 
Sheep, meat.................................................        0.1 
Soybean, meal...............................................        4   
Soybeans....................................................        1   
------------------------------------------------------------------------

    (2) A food additive tolerance of 0.02 ppm is established for the 
combined residues of acephate (O,S-dimethyl acetylphosphoramidothioate) 
and its cholinesterase-inhibiting metabolite, methamidophos as follows:
    (i) In or on all food items (other than those already covered by a 
higher tolerance as a result of use on growing crops) in food handling 
establishments.
    (ii) The acephate may be present as a residue from applications of 
acephate in food handling establishments, including food service, 
manufacturing and processing establishments, such as restaurants, 
cafeterias, supermarkets, bakeries, breweries, dairies, meat 
slaughtering and packing plants, and canneries in accordance with the 
following prescribed conditions:
    (A) Application shall be limited solely to spot and/or crack and 
crevice treatment in food handling establishments where food and food 
products are held, processed, prepared and served. Spray concentration 
shall be limited to a maximum of 1.0 percent active ingredient. For 
crack and crevice treatments, equipment capable of delivering a pin-
stream of insecticide shall be used. For spot treatments, a coarse, 
low-pressure spray shall be used to avoid atomization or splashing of 
the spray. Contamination of food or food-contact surfaces shall be 
avoided.
    (B) To assure safe use of the insecticide, its label and labeling 
shall conform to that registered by the U.S. Environmental Protection 
Agency, and it shall be used in accordance with such label and 
labeling.
    (b) Section 18 emergency exemptions. [Reserved]
    (c) Tolerances with regional registration. Tolerances with regional 
registration, as defined in Sec. 180.1(n), are established for the 
combined residues of acephate and its cholinesterase-inhibiting 
metabolite in or on the following raw agricultural commodities:

------------------------------------------------------------------------
                                                              Parts per 
                         Commodity                             million  
------------------------------------------------------------------------
Macadamia nuts.............................................         0.05
------------------------------------------------------------------------

    (d) Indirect or inadvertent residues. [Reserved]

[FR Doc. 98-7311 Filed 3-19-98; 8:45 am]
 BILLING CODE 6560-50-F