[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] ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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