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sethoxydim (Poast) Pesticide Tolerance 9/98

  


[Federal Register: October 8, 1998 (Volume 63, Number 195)]
[Rules and Regulations]               
[Page 54066-54073]
>From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08oc98-11]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[OPP-300739; FRL-6034-1]
RIN 2070-AB78

 
Sethoxydim; Pesticide Tolerance

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

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SUMMARY: This regulation establishes a tolerance for combined residues 
of sethoxydim (2-[1-(ethoxyimino]butyl)-5-[2-(ethylthio)propyl]-3-
hydroxy-2-cyclohexen-1-one) and its metabolites containing the 2-
cyclohexen-1-one moiety(calculated as the herbicide) in or on apricots, 
cherries (sweet and sour), nectarines, peaches, succulent beans, bean 
forage, soybeans, grapes, raisins, cilantro, leafy vegetable (except 
Brassica) crop group, tuberous and corm vegetable subgroup, garden 
beets, caneberry crop sub group, and globe artichoke. This regulation 
also deletes the established tolerances for raisin waste, grape pomace, 
celery, head lettuce, leaf lettuce, spinach, endive(escarole), potato, 
sweet potato, and raspberry. BASF Corporation and Interregional 
Research Project Number (IR-4) requested these tolerances under the 
Federal Food, Drug and Cosmetic Act (FFDCA), as amended by the Food 
Quality Protection Act of 1996 (Pub. L. 104-170).

DATES: This regulation is effective October 8, 1998. Objections and 
requests for hearings must be received by EPA on or before December 7, 
1998.

ADDRESSES: Written objections and hearing requests, identified by the 
docket control number, [OPP-300739], 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-300739], 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 Hwy., Arlington, VA.
    A copy of objections and hearing requests filed with the Hearing 
Clerk may also be submitted electronically by sending electronic mail 
(e-mail) to: opp-docket@epamail.epa.gov. Copies of objections and 
hearing requests must be submitted as an ASCII file avoiding the use of 
special characters and any form of encryption. Copies of objections and 
hearing requests will also be accepted on disks in WordPerfect 5.1/6.1 
file format or ASCII file format. All copies of objections and hearing 
requests in electronic form must be identified by the docket control 
number [OPP-300739]. No Confidential Business Information (CBI) should 
be submitted through e-mail. Electronic copies of objections and 
hearing requests on this rule may be filed online at many Federal 
Depository Libraries.

FOR FURTHER INFORMATION CONTACT: By mail: Jim Tompkins or Hoyt 
Jamerson, Registration Division [7505C], Office of Pesticide Programs, 
Environmental Protection Agency, 401 M St., SW., Washington, DC 20460. 
Office location, telephone number, and e-mail address: Crystal Mall #2, 
1921 Jefferson Davis Hwy., Arlington, VA, Jim Tompkins (703) 305 5697, 
Hoyt Jamerson (703) 308 9368, e-mail: Tompkins.jim or 
Jamerson,hoyt]@epamail.epa.gov.

SUPPLEMENTARY INFORMATION: In the Federal Register of May 16, 1997 (62 
FR 27028)(FRL-5717-6) and August 5, 1998(63 FR 41829)(FRL-5799-6), EPA 
issued a notice pursuant to section 408 of the Federal Food, Drug, and 
Cosmetic Act (FFDCA), 21 U.S.C. 346a(e) announcing the filing of a 
pesticide petition (PP) for tolerance by BASF Corporation, P.O. Box 
13528, Research Triangle Park, NC 27709, and Interregional Research 
Project Number 4 (IR-4), New Jersey Agricultural Experimental Station, 
Rutgers University, New Brunswick, New Jersey 08903. These notices 
included a summary of the petitions prepared by BASF Corporation, the 
registrants, and IR-4. There were no comments received in response to 
the notice of filing.
    The petition requested that 40 CFR 180.412 be amended by 
establishing tolerances for combined residues  of the herbicide 
sethoxydim (2-[1-ethoxyimino]butyl]-5-[2-(ethylthio)propyl]-3-hydroxy-
2-cyclohexen-1-one and its metabolites containing the 2-cyclohexen 
moiety (calculated as the herbicide), in or on 9F3408 (62 FR 27028) 
apricots at 0.2 part per million (ppm), cherries (sweet and sour) at 
0.2 ppm, nectarine at 0.2 ppm, and peaches at 0.2 ppm; 6F4695 (63 FR 
41829) grapes at 1.0 ppm, succulent beans at 15.0 ppm; bean forage at 
15.0 ppm, soybeans at 16.0 ppm, and raisins at 2.0 ppm; 6E4953 (63 FR 
41829) leafy vegetable (except Brassica) crop group at 4.0 ppm and 
cilantro at 4.0 ppm; 6E4725 (63 FR 41829)--tuberous and corm vegetable 
subgroup at 4.0 ppm and garden beet at 1.0 ppm; 6E4698 (63 FR 41829) 
artichokes at 5.0 ppm; and 6E4697(63 FR 41829) caneberry crop subgroup 
at 5.0 ppm.
    The notice issued August 5, 1998 (63 FR 41829) for 6F4695 proposed 
deleting the established tolerances for raisin waste at 1.0 ppm and 
grape pomace at 6.0 ppm since they are considered insignificant animal 
feed commodities and are no longer of regulatory concern.
    The August 5, 1998 notice also proposed to remove or delete the 
established tolerances for celery at 1.0 ppm, head lettuce at 1.0 ppm, 
leaf lettuce at 2.0 ppm, spinach at 4.0 ppm, endive(escarole) at 2.0 
ppm (6E4753); potato at 4.0 ppm, and sweet potato at

[[Page 54067]]

4.0 ppm (6E4725); and raspberry at 5.0 ppm (6E4797) since these 
commodities are members of the crop groups or subgroups for which 
tolerances are being established.
    The correct terminology for artichoke is globe artichoke. The 
Agency is correcting the terminology in this rule.

I. Risk Assessment and Statutory Findings

    Section 408(b)(2)(A)(i) of the FFDCA allows EPA to establish a 
tolerance (the legal limit for a pesticide chemical residue in or on a 
food) only if EPA determines that the tolerance is ``safe.'' Section 
408(b)(2)(A)(ii) defines ``safe'' to mean that ``there is a reasonable 
certainty that no harm will result from aggregate exposure to the 
pesticide chemical residue, including all anticipated dietary exposures 
and all other exposures for which there is reliable information.'' This 
includes exposure through drinking water and in residential settings, 
but does not include occupational exposure. Section 408(b)(2)(C) 
requires EPA to give special consideration to exposure of infants and 
children to the pesticide chemical residue in establishing a tolerance 
and to ``ensure that there is a reasonable certainty that no harm will 
result to infants and children from aggregate exposure to the pesticide 
chemical residue....''
    EPA performs a number of analyses to determine the risks from 
aggregate exposure to pesticide residues. For further discussion of the 
regulatory requirements of section 408 and a complete description of 
the risk assessment process, see the Final Rule on Bifenthrin Pesticide 
Tolerances (62 FR 62961, November 26, 1997) (FRL-5754-7).

II. Aggregate Risk Assessment and Determination of Safety

    Consistent with section 408(b)(2)(D), EPA has reviewed the 
available scientific data and other relevant information in support of 
this action. EPA has sufficient data to assess the hazards of 
sethoxydim and to make a determination on aggregate exposure, 
consistent with section 408(b)(2), for a tolerance for combined 
residues of 2-[1-ethoxyimino)butyl]-5-[2-(ethiothio)propyl]-3-hydroxy-
2-cyclohexen-1-one and its metabolites containing the 2-cyclohexen-1-
one moiety(calculated as the herbicide) on [apricots at 0.2 ppm, 
cherries (sweet and sour) at 0.2 ppm, nectarines at 0.2 ppm, peaches at 
0.2 ppm, grapes at 1.0 ppm, succulent beans at 15.0 ppm, bean forage at 
15.0 ppm, soybeans at 16.0 ppm, raisins at 2.0 ppm, leafy vegetable 
(except Brassica) crop group at 4.0 ppm., cilantro at 4.0 ppm, tuberous 
and corm vegetable subgroup at 4.0 ppm, garden beet at 1.0 ppm, globe 
artichoke at 5.0 ppm, and caneberry crop subgroup at 5.0 ppm. ppm. 
EPA's assessment of the dietary exposures and risks associated with 
establishing the tolerance follows.

A. Toxicological Profile

    EPA has evaluated the available toxicity data and considered its 
validity, completeness, and reliability as well as the relationship of 
the results of the studies to human risk. EPA has also considered 
available information concerning the variability of the sensitivities 
of major identifiable subgroups of consumers, including infants and 
children. The nature of the toxic effects caused by sethoxydim are 
discussed below.
    1. Acute toxicity. Based on the available acute toxicity data, 
sethoxydim does not pose any acute dietary risks. A summary of the 
acute toxicity studies follows.
    i. Acute oral toxicity, rat. Toxicity Category III; 
LD<INF>50</INF>=3,125 millgrams/kilogram (mg/kg) (male), 2,676 mg/kg 
(female)
    ii. Acute dermal toxicity, rat. Toxicity Category III; 
LD<INF>50</INF> > 5,000 mg/kg (male and female)
    iii. Acute inhalation toxicity, rat. Toxicity Category III; 
LC<INF>50</INF> (4-hour)=6.03 mg/L (male), 6.28 mg/L (female)
    iv. Primary eye irritation, rabbit. Toxicity Category IV; no 
irritation.
    v. Primary dermal irritation, rabbit. Toxicity Category IV; no 
irritation.
    vi. Dermal sensitization, guinea pig. Waived because no 
sensitization was seen in guinea pigs dosed with the end-use product 
Poast (18% active ingredient).
    2. Genotoxicity. Ames assays were negative for gene mutation in 
Salmonella typhimurium strains TA98, TA100, TA1535, and TA 1537, with 
and without metabolic activity. A Chinese hamster bone marrow 
cytogenetic assay was negative for structural chromosomal aberrations 
at doses up to 5,000 mg/kg in Chinese hamster bone marrow cells in 
vivo. Recombinant assays and forward mutations tests in Bacillus 
subtilis, Escherichia coli, and S. typhimurium were all negative for 
genotoxic effects at concentrations of greater than or equal to 100%.
    3. Reproductive and developmental toxicity. A 2-generation 
reproduction study with rats fed diets containing 0, 150, 600, and 
3,000 ppm (approximately 0, 7.5, 30, and 150 mg/kg/day) with no 
reproductive effects observed under the conditions of the study.
    A developmental toxicity study in rats fed dosages of 0, 50, 180, 
650, and 1,000 mg/kg/day with a maternal NOAEL of 180 mg/kg/day and a 
maternal LEL of 650 mg/kg/day (irregular gait, decreased activity, 
excessive salivation, and anogenital staining); and a developmental 
NOAEL of 180 mg/kg/day, and a developmental LEL of 650 mg/kg/day (21 to 
22% decrease in fetal weights, filamentous tail, and lack of tail due 
to the absence of sacral and/or caudal vertebrae, and delayed 
ossification in the hyoids, vertebral centrum and/or transverse 
processes, sternebrae and/or metatarsal, and pubes).
    A developmental toxicity study in rabbits fed doses of 0, 80, 160, 
320, and 400 mg/kg/day with a maternal NOAEL of 320 mg/kg/day and a 
maternal LOEL of 400 mg/kg/day (37% reduction in body weight gain 
without significant differences in group mean body weights and 
decreased food consumption during dosing); and a developmental NOAEL 
greater than 400 mg/kg/day (highest dose tested).
    4. Subchronic toxicity. A 21-day dermal study in rabbits with a No-
Observed-Adverse-Effect-Level (NOAEL) of > 1,000 mg/kg/day (limit 
dose). The only dose-related finding was slight epidermal hyperplasia 
at the dosing site in nearly all males and females dosed at 1,000 mg/
kg/day. This was probably an adaptive response.
    5. Chronic toxicity. A 1-year feeding study with dogs fed diets 
containing 0, 8.86/9.41, 17.5/19.9, and 110/129 mg/kg/day (males/
females) with a No-Observed-Adverse-Effect-Level (NOAEL) of 8.86/9.41 
mg/kg/day (males/females) based on equivocal anemia in male dogs at the 
17.5-mg/kg/day dose level.
    A 2-year chronic feeding/carcinogenicity study with mice fed diets 
containing 0, 40, 120, 360, and 1,080 ppm (equivalent to 0, 6, 18, 54, 
and 162 mg/kg/day) with a systemic NOAEL of 120 ppm (18 mg/kg/day) 
based on non-neoplastic liver lesions in male mice at the 360-ppm (54 
mg/kg/day) dose level. There were no carcinogenic effects observed 
under the conditions of the study. The maximum tolerated dose (MTD) was 
not achieved in female mice. The need for a new study will be based on 
the adequacy of the rat study currently under review.
    A 2-year chronic feeding/carcinogenic study with rats fed diets 
containing 0, 2, 6, and 18 mg/kg/day with a systemic NOAEL greater than 
or equal to 18 mg/kg/day (highest dose tested). There were no 
carcinogenic

[[Page 54068]]

effects observed under the conditions of the study. This study was 
reviewed under current guidelines and was found to be unacceptable 
because the doses used were insufficient to induce a toxic response and 
an MTD was not achieved.
     A second chronic feeding/carcinogenic study with rats fed diets 
containing 0, 360, and 1,080 ppm (equivalent to 18.2/23.0, and 55.9/
71.8 mg/kg/day (males/females). The dose levels were too low to elicit 
a toxic response in the test animals and failed to achieve an MTD or 
define a lowest effect level (LEL). Slight decreases in body weight in 
rats at the 1,080-ppm dose level, although not biologically 
significant, support a free-standing NOAEL of 1,080 ppm (55.9/71.8 mg/
kg/day (males/females)). There were no carcinogenic effects observed 
under the conditions of the study.
    A third chronic feeding/carcinogenicity study has been submitted. 
Male and female rats were dosed at nominal concentrations of 0, 300, 
1,000, and 3,000 ppm. Clinical findings at the high-dose included 
changes in food consumption, food efficiency, and body weight; and 
liver pathology. Upon initial review, it appears that the dose 
selection was adequate, and that there was no evidence of 
carcinogenicity.
     6. Animal metabolism. In a rat metabolism study, excretion was 
extremely rapid and tissue accumulation was negligible.

B. Toxicological Endpoints

    1. Acute toxicity. In a rat developmental study rats received doses 
of 0, 50, 180, 650, and 1,000 mg/kg/day. The maternal toxicity NOAEL 
was 180 mg/kg/day and the LOEL was 650 mg/kg/day based on irregular 
gait, decreased activity, excessive salivation, and ano-genital 
staining. For developmental toxicity the NOAEL was 180 mg/kg/day and 
the LOEL was 650 mg/kg/day based on 21-22% decrease in fetal weights, 
filamentous tail and lack of tail due to the absence of accral and/or 
caudal vertebrae, and delayed oss ification in the hyoids, vertebral 
centrum and/or transverse processes, sternebrae and/or metatarsal, and 
pubes. The endpoint for use in the risk assessment is the maternal 
NOAEL of 180 mg/kg/day. The endpoint is set on maternal effects because 
the NOAEL for developmental effects is also 180 mg/kg/day.
     2. Short- and intermediate-term toxicity. No short or intermediate 
dermal or inhalation endpoints were identified. In a 21-day dermal 
study with rabbits dosed at 0, 40, 200, and 1,000 mg/kg/day, there was 
no evidence of compound related toxicity on clinical signs, body 
weights, food consumption, food efficiency, eye health, clinical 
pathology, organ weights, or gross pathology. The NOAEL was greater 
than 1,000 mg/kg/day (limit dose). In the acute inhalation study with 
rats the LC<INF>50</INF> was 6.03 mg/l (males) and 6.28 mg/l (females 
placing sethoxydim in Category IV.
     3. Chronic toxicity. EPA has established the Reference dose (RfD) 
for sethoxydim at 0.09 mg/kg/day. This RfD is based on a finding of 
equivocal anemia in the 1-year dog study. The NOAEL was 8.86 mg/kg in 
males and 9.41 mg/kg in females.
    4. Carcinogenicity. Sethoxydim is not classified. Avialable studies 
show no evidence of carcinogenicity in rats or mice.

C. Exposures and Risks

    1. From food and feed uses. Tolerances have been established (40 
CFR 180.412) for the combined residues of 2-[1-(ethoxyimino]butyl)-5-
[2-(ethylthio)propyl]-3-hydroxy-2-cyclohexen-1-one and its metabolites 
containing the 2-cyclohexen-1-one moiety (calculated as the herbicide), 
in or on a variety of raw agricultural commodities. Tolerances are 
established on cattle, goats, horses, and sheep meat, fat, and meat by 
products at 0.2 ppm, eggs at 2.0 ppm, poultry meat and fat at 0.2 ppm 
and poultry meat by products at 2.0 ppm. Risk assessments were 
conducted by EPA to assessed dietary exposures from sethoxydim as 
follows:
    i.  Acute exposure and risk. Acute dietary risk assessments are 
performed for a food-use pesticide if a toxicological study has 
indicated the possibility of an effect of concern occurring as a result 
of a 1 day or single exposure. The acute dietary endpoint is 180 mg/kg/
day based on NOAELs of 180 mg/kg/day for maternal and developmental 
effects in the rabbit developmental study. The FQPA safety factor of 3x 
was applied to females 13+ years old only because the endpoint (based 
on decrease in fetal weights, filamentous tail and lack of tail due to 
absence of sacral and/or caudal vertebrae, delayed ossification in the 
hyoids, vertebral centrum and/or transverse processes, sternebrae and/
or metatarsal) occurs only during in utero exposure and is not a 
postnatal effect. Since the effects occur during in utero exposure, it 
is not an appropriate endpoint for acute dietary risk assessment of 
infants and children.
    In conducting this acute dietary risk assessment, the Agency made 
very conservative assumptions 100% of all commodities having sethoxydim 
tolerances will contain sethoxydim regulable residues and those 
residues will be at the level of the tolerance which result in an over 
estimation of human dietary exposure.
    From the acute dietary (food only) risk assessment, a high-end 
exposure estimate of 0.2 mg/kg/day was calculated. This exposure 
yielded dietary (food only) MOEs ranging from 420 for childern (1-6 
years old) to 622 for female 13+ years old and greater than 500 for all 
other subgroups.
    ii.  Chronic exposure and risk. The FQPA Safety Factor will not be 
applied for chronic dietary risk assessment because the endpoint is 
based on anemia in male dogs. The endpoint for which the FQPA safety 
factor is based is an in utero effect and can not result from postnatal 
exposure. There was no indication of increased susceptibility in the 
prenatal developmental study in rabbits following in utero exposure. In 
the 2-generation reproduction study in rats, effects in offspring were 
observed only at above treatment levels which resulted in evidence of 
appreciable parental toxicity. No incresed susceptibility was 
demonstrated in the developmental toxicity study with rats when the 
maternal and developmnetal NOAEL/LOELs were compared.
    In conducting this chronic dietary risk assessment, The Agency has 
made very conservative assumptions no percent crop-treated data were 
used and all commodities having sethoxydim tolerances will contain 
sethoxydim residues ans those residues will be at the level of the 
tolerance which will result in an overestimate of human dietary 
exposure.
    The sethoxydim tolerances (published and pending) result in a 
Theoretical Maximum Residue Contribution (TMRC) that is equivalent to 
the following percentages of the RfD:

------------------------------------------------------------------------
                                                                Percent
                      Subgroup                         TMRC       RFD
------------------------------------------------------------------------
U.S. Population....................................  0.039187         44
Nursing Infants....................................  0.018957         21
Non-Nursing Infants (< 1 year old).................  0.072949         81
Children (1-6 years old)...........................  0.085308         95
Children (7-12 years old)..........................  0.058101         65
Female (13+, nursing)..............................  0.040144         45
Males (13-19 years old)............................  0.040429         45
U.S Population (Summer Season).....................  0.039408         44
Hispanics..........................................  0.039428         44
Non-Hispanic Others................................  0.040452         45
Non-Hispanic Whites................................  0.039238         44
------------------------------------------------------------------------

    The subgroups listed above are (1) the U.S. population (48 states); 
(2) those for infants, children, females, 13+ nursing;

[[Page 54069]]

and other subgroups for which the percentage of RfD occupied is greater 
than occupied by the subgroup U.S. population
    iii. Chronic, carcinogenic risk. Sethoxydim has not been 
classified. At the present time, studies do not show evidence of 
carcinogenitcy in rats or mice.
    2. From drinking water. Limited monitoring data of ground water and 
surface water are available for sethoxydim. The modeling data found 
maximun concentrations in ground wate of 0.84 micrograms/liter 
(<greek-m>g/L) and in surface water 59.4 <greek-m>g/L and 56-day EECs 
of 37.3 <greek-m>g/L. The modeling data were compared to the results of 
the following equations used to calculate acute and chronic drinking 
water level of concern (DWLOC) for sethoxydim in ground and surface 
water (SOP for Drinking Water Exposure and Risk Assessments, 11/20/97). 
Models used were SCI-GROW and GENEC to provide estimates of ground and 
surface water contamination respectively from sethoxydim, but did not 
consider the behavior of degradates. Agency default weights and water 
consumption used in the calculations were 70kg(2L) for adult males, 60 
kg(2L) for adult females, and 10 kg (1L) for child.
    i. Acute exposure and risk. Based on acute dietary exposure and 
using default body weights and water consumption values stated above, 
acute DWLOC were calculated using the following equation.
     DWLOC (acute)=(NOAEL divided by uncertainty factor)- (Acute 
food + residential exposure(mg/kg/day) x (body weight)divided by 
consumption(L) x 10<SUP>-3</SUP> mg/<greek-m>g

    Acute dietary water levels of concern were calculated to be 525,000 
<greek-m>g/L for the U.S. population, 56,000 <greek-m>g/L for adult 
males 13+ years old, 12,000 <greek-m>g/L for adult females 13+ years 
old (including 3x safety factor) and 14,000 <greek-m>g/L for child ( 
infant < 1 year old).
    ii. Chronic exposure and risk. Based on chronic dietary (food) 
exposure and using default body weights and water consumption values 
above the chronic DWLOC for drinking water were calculated using the 
following equation:
    DWLOC (chronic) = RfD - (chronic food + residential exposure 
(mg/kg/day 0 x (body weight) divided by consumption (L) x 105-3 mg/
<greek-m>g

    Chronic DWLOCs were calculated to be 1,760 <greek-m>g/L for the 
U.S. population, 1,780 <greek-m>g/L for adult males 13-19 years old, 
1,700 for adult female 13+ years old, nursing and 135 for child (1-6 
years old).
    The above calculations indicate that the exposure to sethoxydim in 
drinking water using the modeling data are below the calculated 
drinking water level of concern for all populations.
    3. From non-dietary exposure. sethoxydim is currently registered 
for use on the following residential non-food sites: ornamentals and 
flowering plants, recreational areas, and buildings/structures (non-
agricultural-outdoor). These residential uses compromise a short- and 
intermediate-term exposure scenario, but does not comprise a chronic 
exposure scenario.
    i. Acute exposure and risk. There is a potential for exposure to 
sethoxydim by homeowner mixers/applicators. However, since endpoints 
for dermal or inhalation were selected, therefore the use on 
residential non-food sites is not expected to pose an unaccpetable 
acute risk.
    ii. Chronic exposure and risk. The registered uses for sethoxydim 
do not comprise a chronic exposure scenario. A chronic non-dietary 
endpoint was not selected, therefore the use on residental non-food 
sites is not expected to pose an unacceptable chronic risk.
    iii. Short- and intermediate-term exposure and risk. Short term or 
intermediate term endpoints were not identified. However, the following 
scenarios may result if herbicides containing sethoxydim are applied to 
residential turf, and/or ornamental plants: incidental non-dietary 
ingestion of residues on lawns from hand-to-mouth transfer, ingestion 
of pesticide-treated turfgrass, and incidental ingestion of soil from 
treated lawns. A residential exposure estimate and risk assessment was 
co#nducted for post application exposure following the application of 
sethoxydim on turf and ornamental gardens. The acute dietary endpoint 
was used for this risk assessment because the acute dietary endpoint 
provides the worst case estimate of risk and exposure for these use 
patterns. The assessment was performed using Draft SOPs for Residential 
Exposure Assessments (12/18/98). The proposed post-application 
aggregate exposure assessment takes into account chronic dietary 
exposure plus outdoor residential exposures. These exposure assessments 
assume that 20 % of the application rated is available from the turf 
grass as dislodgeable residue and 2 hours as the duration of exposure. 
These assumptions are considered conservative and protective.
    Exposures and margins of exposures ( MOEs) were calculated to be 
0.053 mg/kg/day (MOE of 3,400) for hand-to-mouth transfer for treated 
lawns (toddlers), 0.0012 mg/kg/day (MOE of 150,000 ) for ingestion of 
treated turf grass (toddler), and 0.000025 (MOE of 7 million) for 
incidental ingestion of soil (toddlers). MOEs exceeded 100 for all 
three scenarios. MOEs greater or equal to 100 do not exceed the Agencys 
level of concern.
    4. Cumulative exposure to substances with common mechanism of 
toxicity. Section 408(b)(2)(D)(v) requires that, when considering 
whether to establish, modify, or revoke a tolerance, the Agency 
consider ``available information'' concerning the cumulative effects of 
a particular pesticide's residues and ``other substances that have a 
common mechanism of toxicity.''
    EPA does not have, at this time, available data to determine 
whether sethoxydim has a common mechanism of toxicity with other 
substances or how to include this pesticide in a cumulative risk 
assessment. Unlike other pesticides for which EPA has followed a 
cumulative risk approach based on a common mechanism of toxicity, 
sethoxydim does not appear to produce a toxic metabolite produced by 
other substances. For the purposes of this tolerance action, therefore, 
EPA has not assumed that sethoxydim has a common mechanism of toxicity 
with other substances. For information regarding EPA's efforts to 
determine which chemicals have a common mechanism of toxicity and to 
evaluate the cumulative effects of such chemicals, see the Final Rule 
for Bifenthrin Pesticide Tolerances (62 FR 62961, November 26, 1997).

D. Aggregate Risks and Determination of Safety for U.S. Population

    1. Acute risk. Using the published and pending tolerances, the 
dietary (food only) acute MOEs range from 420 for childern (1-6 years 
old) to 622 tor females 13+ years old. The level of concern for females 
13 + years old is 300 for acute sethoxydim exposure (3X safety factor) 
and 100 for all other population subgroups. This risk estimate should 
be viewed as highly conservative; refinement using anticipated residue 
values and percent crop treated data in conjunction with Monte Carlo 
analysis will result in a lower acute dietary exposure estimate. The 
dietary exposure does not exceed the Agency's level of concern.
    Sethoxydim is a non persistent, but highly mobile compound in soil 
and water environments. The modeling data for sethoxydim in drinking 
water indicate levels less than OPP`s DWLOC for acute exposure. Since a 
refined acute risk for food only would not exceed EPAs levles of 
concern for acute dietary exposures and the monitoring and modeling 
levels in water are less than the acute DWLOC, EPA does not expect

[[Page 54070]]

aggregate acute exposure to sethoxydim will pose an unacceptable risk 
to human health.
    2. Chronic risk. Using the TMRC exposure assumptions described in 
this preamble, EPA has concluded that aggregate exposure to sethoxydim 
from food will utilize 44% of the RfD for the U.S. population. The 
major identifiable subgroup with the highest aggregate exposure is 95% 
for childern 1-6 years old; discussed below. EPA generally has no 
concern for exposures below 100% of the RfD because the RfD represents 
the level at or below which daily aggregate dietary exposure over a 
lifetime will not pose appreciable risks to human health. Despite the 
potential for exposure to sethoxydim in drinking water and from non-
dietary, non-occupational exposure, EPA does not expect the aggregate 
exposure to exceed 100% of the RfD. EPA concludes that there is a 
reasonable certainty that no harm will result from aggregate exposure 
to sethoxydim residues.
    3. Short- and intermediate-term risk. Short- and intermediate-term 
aggregate exposure takes into account chronic dietary food and water 
(considered to be a background exposure level) plus indoor and outdoor 
residential exposure. Endpoints for short- or intermediate-term were 
not selected. An aggregate exposure estimate and risk assessment was 
conducted for post-application exposure to sethoxydim on turf and 
ornamental plants taking into account chronic exposure form food and 
the acute dietary NOAEL. The resulting MOEs (1,390-2,350) are not of 
concern to the Agency.
    4. Aggregate cancer risk for U.S. population. Sethoxydim has not 
been classified. Available studies do not show evidence of 
carcinogenicity in rats or mice.
    5. Determination of safety. Based on these risk assessments, EPA 
concludes that there is a reasonable certainty that no harm will result 
from aggregate exposure to sethoxydim residues.

E. Aggregate Risks and Determination of Safety for Infants and Children

    1. Safety factor for infants and children-- i. In general. In 
assessing the potential for additional sensitivity of infants and 
children to residues of sethoxydim, EPA considered data from 
developmental toxicity studies in the rat and rabbit and a 2-generation 
reproduction study in the rat. The developmental toxicity studies are 
designed to evaluate adverse effects on the developing organism 
resulting from maternal pesticide exposure and gestation. Reproduction 
studies provide information relating to effects from exposure to the 
pesticide on the reproductive capability of mating animals and data on 
systemic toxicity.
    FFDCA section 408 provides that EPA shall apply an additional 
tenfold margin of safety for infants and children in the case of 
threshold effects to account for pre-and post-natal toxicity and the 
completeness of the data base unless EPA determines that a different 
margin of safety will be safe for infants and children. Margins of 
safety are incorporated into EPA risk assessments either directly 
through use of a margin of exposure (MOE) analysis or through using 
uncertainty (safety) factors in calculating a dose level that poses no 
appreciable risk to humans. EPA believes that reliable data support 
using the standard uncertainty factor (usually 100 for combined inter- 
and intra-species variability)) and not the additional tenfold MOE/
uncertainty factor when EPA has a complete data base under existing 
guidelines and when the severity of the effect in infants or children 
or the potency or unusual toxic properties of a compound do not raise 
concerns regarding the adequacy of the standard MOE/safety factor.
    ii. Pre- and post-natal sensitivity. There was no indication of 
increased susceptibility in the prenatal developmental toxicity study 
in rabbits following in utero exposure. In the 2-generation 
reproduction study in rats, effects in the offspring were observed only 
at or above treatment levels which resulted in evidence of appreciable 
parental toxicity. No increased susceptibility was demonstrated in the 
developmental toxicity study with rats when the maternal and 
developmental NOAELs/LOELs were compared; developmental toxic effects, 
however, were observed at the highest dose tested (LOEL).
    Acceptable developmental toxicity studies have been performed in 
rats and rabbits; an acceptable 2-generaton reproduction study has also 
been performed in rats. A chronic feeding/carcinogenicity guideline 
study in rats has been submitted and is currently undergoing review. An 
initial examination of the study supports the current findings of no 
evidence of carcinogenicity. There is a complete toxicity data base for 
sethoxydim and exposure data is complete or is estimated based on data 
that reasonaby accounts for potential exposures.
    The FQPA safety factor is to be retianed in case of developmental 
toxicity in the absence of maternal toxicity. Since malformations were 
seen in the rat study at levels that produced minimal maternal 
toxicity, the Agency concluded that an FQPA factor is needed. However, 
it was determined that the 10X factor need not be retained, instead 
should be reduced to 3X based on the following weight of evidence 
considerations:
    a. Developmental toxicity was seen in only one species, in the 
presence of maternal toxicity, and at a very high dose (650 mg/kg/day) 
that approached the Limit-Dose of 1,000 mg/kg/day.
    b. No developmental toxicity was observed in the rabbit study at 
the highest dose tested (400 mg/kg/day).
    c. There was no increased susceptibility seen in the 2-generation 
reproduction study in rats at doses up to 150 mg/kg/day(highest dose 
tested).
    d. Lack of concern for structure activity relationship (i.e. no 
significant developmental or reproductive toxicity was seen with the 
structural analog, Clethodim.)
     Exposure assessments do not indicate a concern for potential risk 
to infants and children based on; (1) the dietary exposure assessments 
use field study data and assume 100% crop treated which results in an 
overestimate of dietary exposure; (2) limited monitoring data is used 
for ground and surface source drinking water exposure assessments, 
resulting in estimates considered to be reasonable upper-bound 
concentrations; (3) there is a potential for post-application hand-to-
mouth exposure to toddlers associated with lawn use, however, the use 
of conservative models and/or assumptions in the residential exposure 
assessment provide adequate protection of infants and children.
    The FQPA safety factor is applicable for acute dietary risk 
assessment for females 13+ years old because the endpoint occurs only 
during in utero exposure and is not a postnatal effect. Since the 
effects occur during in utero exposure, it is not an appropriate 
endpoint for acute dietary risk assessment of infants and children. The 
FQPA safety factor is not applied for chronic risk assessment because 
the endpoint is an in utero effect and can not result from postnatal 
exposure. The FQPA safety factor is not applicable to the post-
application hand-to-mouth exposure associated with the lawn use since 
this exposure scenario would only be expected for toddlers and not for 
females 13+ years old.
    iii. Conclusion. Acceptable developmental toxicity studies have 
been performed in rats and rabbits; an acceptable 2-generation 
reproduction study has also been performed in rats. A chronic feeding/
carcinogenicity guideline study in rats has been submitted and is 
currently undergoing review. An initial examination of the

[[Page 54071]]

study supports the current findings of no evidence of carcinogenicity. 
There is a complete toxicity data base for sethoxydim and exposure data 
is complete or is estimated based on data that reasonably accounts for 
potential exposures.
    2. Acute risk. Using the conservative exposure assumptions that 
100% of the commodities having sethoxydim tolerances will contain 
sethoxydim regulable residues and that those residues will be at the 
level of the tolerance, EPA calculated from the acute dietary (food 
only) MOEs ranging from 420 for childern (1-6 years old) to 622 for 
females 13+ years old. The level of concern is 300 (3x safety factor x 
100 ) for females 13+ years old and 100 for all other subgroups.
    3. Chronic risk. Using the exposure assumptions described above, 
EPA has concluded that aggregate exposure to sethoxydim from food will 
utilize 21% for nursing infants, 81% for non-nursing infants (< 1 years 
old), 95% for children (1-6 years old), and 65 % for children (7-12 
years old) of the RfD. EPA generally has no concern for exposures below 
100% of the RfD because the RfD represents the level at or below which 
daily aggregate dietary exposure over a lifetime will not pose 
appreciable risks to human health. Despite the potential for exposure 
to sethoxydim in drinking water and from non-dietary, non-occupational 
exposure, EPA does not expect the aggregate exposure to exceed 100% of 
the RfD.
    4. Short- or intermediate-term risk. An aggregate exposure estimate 
and risk assessment was conducted for post-application exposure to 
sethoxydim on turf and ornamental plants taking into account chronic 
exposure from food and the acute dietary NOAEL. The resulting MOEs 
(1,390-2,350) are not of concern to EPA.
    5. Determination of safety. Based on these risk assessments, EPA 
concludes that there is a reasonable certainty that no harm will result 
to infants and children from aggregate exposure to sethoxydim residues.

III. Other Considerations

A. Metabolism in Plants and Animals

    In the rat metabolism study, tissue accumulation was neglible and 
excretion was extremely rapid. Elimination was 78.5% in the urine and 
20.2% in the feces.
    The metabolism of sethoxydim in plants and animals is understood, 
The tolerances for plant and animal commodities are expressed as the 
combined residues of sethoxydim and its metabolites containing the 2-
cyclohexen-1-one moiety (calculated as the herbicide).

B. Analytical Enforcement Methodology

    BASF Method 30 as published in PAM,Vol II is adequate for tolerance 
enforcement in all raw agricultural commodities. Quantitation is 
accomplished by gas chromatography with flame photometric detection in 
the sulfur mode. sethoxydim and its metabolites are not recovered or 
not likely to be recovered by FDA multi-residue methods.

C. Magnitude of Residues

     The available crop field trial data support the establishment of 
tolerances in globe artichoke at 5.0 ppm; apricots at 0.2 ppm; beans, 
forage at 15.0 ppm; beans, succulent at 15.0 ppm; beets, garden at 1.0 
ppm; caneberries, crop subgroup at 5.0 ppm; cherries (sweet and sour) 
at 0.2 ppm; cilantro at 4.0 ppm; grapes at 1.0 ppm; leafy vegetable 
(except Brassica) at 4.0 ppm; nectarines at 0.2 ppm; peaches at 0.2 
ppm; raisins at 2.0 ppm; soybeans at 16.0 ppm; and tuberous and corm 
vegetables at 4.0 ppm.
    The available data support the deletion of the established 
tolerances for grape pomace (wet and dry at 6.0 ppm and raisin waste at 
1.0 ppm because they are considered insignificant animal feed 
commodities and are no longer of regulatory concern.
    The available data support deletion of the existing tolerances for 
celery at 1.0 ppm; lettuce, leaf at 1.0 ppm; lettuce, leaf at 2.0 ppm; 
spinach at 4.0 ppm; endive at 2.0 ppm; potato at 4.0 ppm; sweet potato 
at 4.0 ppm; and raspberry at 5.0 ppm; since these commodities are 
members of crop groups or subgroups for which tolerances are being 
established.

D. International Residue Limits

    There are no Codex maximum Residue Levels (MRLs) in effect for 
sethoxydim. However, there are Canadian MRLs based on the cyclohex-1-
one moiety calculated as sethoxydim: beans, peas, soybeans, and lentils 
at 0.5. 0.5, 5.0 and 4.0 ppm, respectively. There are also Mexican MRLs 
based on sethoxydim: grapes, soybeans, lettuce, potatoes, celery, 
lentils, spinach, beans, and peas(green) at 1.0, 10.0, 1.0, 4.0, 1.0, 
30.0, 4.0, 20.0, and 10.0 ppm, respectively. The Canadian tolerances on 
various legume vegetables are significantly less than needed to cover 
residues in the United States. Many of the Mexican MRLs are the same as 
the United States. EPA is increasing the grape tolerance to 1.0 ppm to 
match Mexico`s MRL.

E. Rotational Crop Restrictions

    Tolerances on rotational crops are not necessary for crops planted 
greater than 30 days after the primary crop is treated with sethoxydim.

IV. Conclusion

    Therefore, tolerances are established for combined residues of 2-
[1-(ethoxyimino)butyl]-5-[2-(ethylthio)propyl]-3-hydroxy-2-cyclohexen-
1-one and its metabolites containing the 2-cyclohexen-1-one moiety 
(calculated as the herbicide) in apricot at 0.2 ppm; globe artichoke at 
5.0 ppm; beans, forage at 15.0 ppm; bean, succulent at 15.0 ppm; beet, 
garden at 1.0 ppm; caneberries crop subgroup at 5.0 ppm; cherries 
(sweet and sour) at 0.2 ppm; cilantro at 4.0 ppm; grapes at 1.0 ppm; 
leafy vegetable (except Brassica) at 4.0 ppm; nectarines at 0.2 ppm; 
peaches at 0.2 ppm; raisin at 2.0 ppm; soybean at 16.0 ppm; and 
tuberous and corm vegetable crop subgroup at 4.0 ppm. The current 
listing for artichoke is being corrected to read as globe artichoke to 
reflect current terminology. Established tolerances for celery at 1.0 
ppm; endive at 2.0 ppm; grape pomace (wet and dry) at 6.0 ppm; lettuce, 
head at 1.0 ppm; lettuce, leaf at 2.0 ppm; potato at 4.0; raisin waste 
at 1.0 ppm; raspberry at 6.0 ppm; spinach at 4.0 ppm; and sweet potato 
at 4.0 ppm are being revoked.

V. Objections and Hearing Requests

    The new FFDCA section 408(g) provides essentially the same process 
for persons to ``object'' to a tolerance regulation issued by EPA under 
new section 408(e) and (l)(6) as was provided in the old section 408 
and in section 409. However, the period for filing objections is 60 
days, rather than 30 days. EPA currently has procedural regulations 
which govern the submission of objections and hearing requests. These 
regulations will require some modification to reflect the new law. 
However, until those modifications can be made, EPA will continue to 
use those procedural regulations with appropriate adjustments to 
reflect the new law.
    Any person may, by December 7, 1998, file written objections to any 
aspect of this regulation and may also request a hearing on those 
objections. Objections and hearing requests must be filed with the 
Hearing Clerk, at the address given above (40 CFR 178.20). A copy of 
the objections and/or hearing requests filed with the Hearing Clerk 
should be submitted to the OPP docket for this rulemaking. The 
objections submitted must specify the provisions

[[Page 54072]]

of the regulation deemed objectionable and the grounds for the 
objections (40 CFR 178.25). Each objection must be accompanied by the 
fee or a request for a fee wavier as prescribed by 40 CFR 180.33. If a 
hearing is requested, the objections must include a statement of the 
factual issues on which a hearing is requested, the requestor's 
contentions on such issues, and a summary of any evidence relied upon 
by the requestor (40 CFR 178.27). A request for a hearing will be 
granted if the Administrator determines that the material submitted 
shows the following: There is 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 uncontested claims or 
facts to the contrary; and resolution of the factual issues in the 
manner sought by the requestor would be adequate to justify the action 
requested (40 CFR 178.32). Information submitted in connection with an 
objection or hearing request may be claimed confidential by marking any 
part 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 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.

VI. Public Record and Electronic Submissions

    EPA has established a record for this rulemaking under docket 
control number [OPP-300739] (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:
    opp-docket@epamail.epa.gov.

    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.

VII. Regulatory Assessment Requirements

A. Certain Acts and Executive Orders

    This final rule establishes tolerances under FFDCA section 408(d) 
in response to a petition submitted to the Agency. The Office of 
Management and Budget (OMB) has exempted these types of actions from 
review under Executive Order 12866, entitled Regulatory Planning and 
Review (58 FR 51735, October 4, 1993). 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) (Pub. L. 104-4). Nor does 
it require any prior consultation as specified by Executive Order 
12875, entitled Enhancing the Intergovernmental Partnership (58 FR 
58093, October 28, 1993), or special considerations as required by 
Executive Order 12898, entitled Federal Actions to Address 
Environmental Justice in Minority Populations and Low-Income 
Populations (59 FR 7629, February 16, 1994), or require OMB review in 
accordance with Executive Order 13045, entitled Protection of Children 
from Environmental Health Risks and Safety Risks (62 FR 19885, April 
23, 1997).
    In addition, since tolerances and exemptions that are established 
on the basis of a petition under FFDCA section 408(d), such as the 
tolerances in this final rule, do not require the issuance of a 
proposed rule, the requirements of the Regulatory Flexibility Act (RFA) 
(5 U.S.C. 601 et seq.) do not apply. Nevertheless, the Agency has 
previously assessed whether establishing tolerances, exemptions from 
tolerances, raising tolerance levels or expanding exemptions might 
adversely impact small entities and concluded, as a generic matter, 
that there is no adverse economic impact. The factual basis for the 
Agency's generic certification for tolerance actions published on May 
4, 1981 (46 FR 24950) and was provided to the Chief Counsel for 
Advocacy of the Small Business Administration.

B. Executive Order 12875

    Under Executive Order 12875, entitled Enhancing the 
Intergovernmental Partnership (58 FR 58093, October 28, 1993), EPA may 
not issue a regulation that is not required by statute and that creates 
a mandate upon a State, local, or tribal government, unless the Federal 
government provides the funds necessary to pay the direct compliance 
costs incurred by those governments. If the mandate is unfunded, EPA 
must provide to OMB a description of the extent of EPA's prior 
consultation with representatives of affected State, local, and tribal 
governments, the nature of their concerns, copies of any written 
communications from the governments, and a statement supporting the 
need to issue the regulation. In addition, Executive Order 12875 
requires EPA to develop an effective process permitting elected 
officials and other representatives of State, local, and tribal 
governments ``to provide meaningful and timely input in the development 
of regulatory proposals containing significant unfunded mandates.''
    Today's rule does not create an unfunded Federal mandate on State, 
local, or tribal governments. The rule does not impose any enforceable 
duties on these entities. Accordingly, the requirements of section 1(a) 
of Executive Order 12875 do not apply to this rule.

C. Executive Order 13084

    Under Executive Order 13084, entitled Consultation and Coordination 
with Indian Tribal Governments (63 FR 27655, May 19,1998), EPA may not 
issue a regulation that is not required by statute, that significantly 
or uniquely affects the communities of Indian tribal governments, and 
that imposes substantial direct compliance costs on those communities, 
unless the Federal government provides the funds necessary to pay the 
direct compliance costs incurred by the tribal governments. If the 
mandate is unfunded, EPA must provide to OMB, in a separately 
identified section of the preamble to the rule, a description of the 
extent of EPA's prior consultation with representatives of affected 
tribal governments, a summary of the nature of their concerns, and a 
statement supporting the need to issue the regulation. In addition, 
Executive Order 13084 requires EPA to develop an effective process 
permitting elected

[[Page 54073]]

officials and other representatives of Indian tribal governments ``to 
provide meaningful and timely input in the development of regulatory 
policies on matters that significantly or uniquely affect their 
communities.''
    Today's rule does not significantly or uniquely affect the 
communities of Indian tribal governments. This action does not involve 
or impose any requirements that affect Indian tribes. Accordingly, the 
requirements of section 3(b) of Executive Order 13084 do not apply to 
this rule.

VIII. 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 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: September 29, 1998.

James Jones,

Director, Registration Division, Office of Pesticide Programs.
    Therefore, 40 CFR chapter I is amended as follows:

PART 180-- AMENDED]

    1. The authority citation for part 180 continues to read as 
follows:
    Authority: 21 U.S.C. 346a and 371.


    2. Section 180.412 is amended as follows:
    a. In the table to paragraph (a):
    i. By removing the entries for celery; grape pomace (wet and dry); 
lettuce, head; lettuce, leaf; potatoes; raisin waste; raspberries; 
spinach; and sweet potato.
    ii. By revising the entries for beans, forage; beans, succulent; 
grapes; raisins; and soybeans.
    iii. By adding entries for apricots; beet, garden; caneberries crop 
subgroup; cherries (sweet and sour); cilantro; leafy vegetable (except 
Brassica) crop group; nectarines; peaches; and tuberous and corm 
vegetables crop subgroup.
    b. In the table to paragraph (c) by removing the entry for endive, 
and by revising the entry for artichokes.
    The added and revised portions read as follows:


Sec. 180.412  Sethoxydim; tolerances for residues.

    (a) General. ***

------------------------------------------------------------------------
                                                     Parts   Expiration/
                     Commodity                        Per     Revocation
                                                    Million      date
------------------------------------------------------------------------
                          *    *    *    *    *
Apricots..........................................     0.2          None
                          *    *    *    *    *
 Beans, forage....................................    15.0          None
Beans, succulent..................................    15.0          None
Beet, garden......................................     1.0          None
                          *    *    *    *    *
Caneberries crop subgroup.........................     5.0          None
                          *    *    *    *    *
Cherries (sweet and sour).........................     0.2          None
Cilantro..........................................     4.0          None
                          *    *    *    *    *
Grapes............................................     1.0          None
                          *    *    *    *    *
Leafy vegetable (except Brassica) crop group......     4.0          None
                          *    *    *    *    *
Nectarines........................................     0.2          None
Peaches...........................................     0.2          None
                          *    *    *    *    *
Raisins...........................................     2.0          None
                          *    *    *    *    *
Soybeans..........................................    16.0          None
                          *    *    *    *    *
Tuberous and corm vegetable crop subgroup.........     4.0          None
------------------------------------------------------------------------

*      *      *      *      *
    (c)  Tolerances with regional registrations. ***

------------------------------------------------------------------------
                                                     Parts   Expiration/
                     Commodity                        Per     Revocation
                                                    Million      date
------------------------------------------------------------------------
Globe artichoke...................................     5.0          None
                      *      *      *      *      *
------------------------------------------------------------------------

*     *     *     *     *

FR Doc. 98-26905 Filed 10-7-98; 8:45 am]
BILLING CODE 6560-50-F