[Federal Register Volume 66, Number 241 (Friday, December 14, 2001)]
[Rules and Regulations]
[Pages 64768-64775]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-30916]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[OPP-301194; FRL-6814-2]
RIN 2070-AB78
Extension of Tolerances for Emergency Exemptions; Multiple
Chemicals
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: This regulation extends time-limited tolerances for the
various pesticides listed in this document. These actions are in
response to EPA's granting of emergency exemptions under section 18 of
the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
authorizing use of these pesticides. Section 408(l)(6) of the Federal
Food, Drug, and Cosmetic Act (FFDCA) requires EPA to establish a time-
limited tolerance or exemption from the requirement for a tolerance for
pesticide chemical residues in food that will result from the use of a
pesticide under an emergency exemption granted by EPA.
DATES: This regulation is effective December 14, 2001. Objections and
requests for hearings, identified by docket control number OPP-301194,
must be received by EPA on or before January 14, 2002.
ADDRESSES: Written objections and hearing requests may be submitted by
mail, electronically, in person, or by courier. Please follow the
detailed instructions for each method as provided in Unit III. of the
SUPPLEMENTARY INFORMATION. To ensure proper receipt by EPA, your
objections and hearing requests must identify docket control number
OPP-301194 in the subject line on the first page of your response.
FOR FURTHER INFORMATION CONTACT: See the listing below for the name of
a specific contact person. The following information applies to all
contact persons: Emergency Response Team, Registration Division
(7505C), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone number:
(703) 308-9366.
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Pesticide/CFR cite Contact person
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Maneb, 180.110 Libby Pemberton
Zinc phosphide, 180.284.................. [email protected]
Clopyralid, 180.431......................
Propiconazole, 180.434...................
Fenpropathrin, 180.466...................
Imazapic-ammonium, 180.490...............
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Avermectin, 180.449 Dan Rosenblatt
Difenoconazole, 180.475.................. [email protected]
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Carboxin, 180.301 Andrew Ertman
Propyzamide, 180.317..................... [email protected]
Metolachlor, 180.368.....................
Metsulfuron-methyl, 180.428..............
Bifenthrin, 180.442......................
HOE 107892, 180.509......................
Fludioxonil, 180. 516....................
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Fenbuconazole, 40 CFR 180.480 Shaja R. Brothers
brothers.shaja @epa.gov
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Cyprodinil, 180.532 Stephen Schaible
Desmidipham, 180.353..................... [email protected]
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Mancozeb, 180.176 Meredith Laws
Thiabendazole, 180.242................... [email protected]
Emamectin benzoate, 180.505..............
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Tebuconazole, 180.474 Andrea Conrath
[email protected]
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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:
[[Page 64769]]
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Examples of
Categories NAICS codes potentially
affected entities
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Industry 111 Crop production
112............... Animal production
311............... Food manufacturing
32532............. Pesticide
manufacturing
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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 one of the persons 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/. A frequently updated electronic
version of 40 CFR part 180 is available at http://www.access.gpo.gov/nara/cfr/cfrhtml_00 /Title_40/40cfr180_00.html, a beta site currently
under development.
2. In person. The Agency has established an official record for
this action under docket control number OPP-301194. 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 and Statutory Findings
EPA published final rules in the Federal Register for each
chemical/commodity listed in this document. The initial issuance of
these final rules announced that EPA, on its own initiative, under
FFDCA section 408 , 21 U.S.C. 346a, as amended by the Food Quality
Protection Act of 1996 (FQPA) (Public Law 104-170) was establishing
time-limited tolerances.
EPA established the tolerances because FFDCA section 408(l)(6)
requires EPA to establish a time-limited tolerance or exemption from
the requirement for a tolerance for pesticide chemical residues in food
that will result from the use of a pesticide under an emergency
exemption granted by EPA under FIFRA section 18. Such tolerances can be
established without providing notice or time for public comment.
EPA received requests to extend the use of these chemicals for this
year's growing season. After having reviewed these submissions, EPA
concurs that emergency conditions exist. EPA assessed the potential
risks presented by residues for each chemical/commodity. In doing so,
EPA considered the safety standard in FFDCA section 408(b)(2), and
decided that the necessary tolerance under FFDCA section 408(l)(6)
would be consistent with the safety standard and with FIFRA section 18.
The data and other relevant material have been evaluated and
discussed in the final rule originally published to support these uses.
Based on that data and information considered, the Agency reaffirms
that extension of these time-limited tolerances will continue to meet
the requirements of FFDCA section 408(l)(6). Therefore, the time-
limited tolerances are extended until the date listed in this document.
EPA will publish a document in the Federal Register to remove the
revoked tolerances from the Code of Federal Regulations (CFR). Although
these tolerances will expire and are revoked on the date listed, under
FFDCA section 408(l)(5), residues of the pesticide not in excess of the
amounts specified in the tolerance remaining in or on the commodity
after that date will not be unlawful, provided the residue is present
as a result of an application or use of a pesticide at a time and in a
manner that was lawful under FIFRA, the tolerance was in place at the
time of the application, and the residue does not exceed the level that
was authorized by the tolerance. EPA will take action to revoke these
tolerances earlier if any experience with, scientific data on, or other
relevant information on this pesticide indicate that the residues are
not safe.
Tolerances for the use of the following pesticide chemicals on
specific commodities are being extended:
Avermectin. EPA has authorized under FIFRA section 18 the use of
avermectin on spinach for control of leafminers in California. This
regulation extends a time-limited tolerance for combined residues of
the insecticide avermectin, a mixture of avermectins containing greater
than or equal to 80% avermectin B1a (5-0-demethyl avermectin A1) and
less than or equal to 20% avermectin B1b (5-0-demethyl-25-de(1-
methylpropyl)-25-(1-methylethyl) avermectin A1 and its delta 8,9-isomer
in or on spinach at 0.05 parts per million (ppm) for an additional 1-
year period. This tolerance will expire and is revoked on December 31,
2003. A time-limited tolerance was originally published in the Federal
Register on August 19, 1997 (62 FR 44089) (FRL-5737-1).
Avermectin. EPA has authorized under FIFRA section 18 the use of
avermectin on avocado for control of thrips in California. This
regulation extends a time-limited tolerance for combined residues of
the insecticide avermectin, a mixture of avermectins containing greater
than or equal to 80% avermectin B1a (5-0-demethyl avermectin A1) and
less than or equal to 20% avermectin B1b (5-0-demethyl-25-de(1-
methylpropyl)-25-(1-methylethyl) avermectin A1 and its delta 8,9-isomer
in or on avocado at 0.02 ppm for an additional 1-year period. This
tolerance will expire and is revoked on December 31, 2003. A time-
limited tolerance was originally published in the Federal Register on
April 7, 1999 (64 FR 16843) (FRL-6070-6).
Bifenthrin. EPA has authorized under FIFRA section 18 the use of
bifenthrin on peanuts for control of spider mites in Oklahoma. This
regulation extends a time-limited tolerance for residues of the
insecticide bifenthrin ((2-methyl [1,1'-biphenyl]-3-yl) methyl-3-(2-
chloro-3,3,3-trifluoro-1-propenyl)-2-dimethylcyclopropanecarboxylate)
in or on peanuts, nutmeats at 0.05 ppm for an additional 2-year period.
This tolerance will expire and is revoked on December 31, 2003. A time-
limited tolerance was originally published in the Federal
[[Page 64770]]
Register on January 25, 2000 (65 FR 3860) (FRL-6485-2).
Carboxin. EPA has authorized under FIFRA section 18 the use of
carboxin on onion seed for control of onion smut in California. This
regulation extends a time-limited tolerance for combined residues of
the fungicide carboxin (5,6-dihydro-2-meth-yl-1,4-oxathiin-3-
carboxanilide) and its metabolite 5,6-dihydro-3-carboxanilide-2-methyl-
1,4-oxathiin-4-oxide (calculated as carboxin) in or on onions, dry bulb
at 0.2 ppm for an additional 2-year period. This tolerance will expire
and is revoked on December 31, 2003. A time-limited tolerance was
originally published in the Federal Register on February 3, 1997 (62 FR
4911) (FRL-5584-5).
Clopyralid. EPA has authorized under FIFRA section 18 the use of
clopyralid on flax for control of Canada thistle and perennial
sowthistle in North Dakota. This regulation extends a time-limited
tolerance for residues of the herbicide clopyralid (3,6-dichloro-2-
pyridinecarboxylic acid) in or of flax see at 0.5 ppm for an additional
2-year period. This tolerance will expire and is revoked on December
31, 2003. A time-limited tolerance was originally published in the
Federal Register on November 17, 1999 (64 FR 62588) (FRL-6388-5).
Cyprodinil. EPA has authorized under FIFRA section 18 the use of
cyprodinil on caneberries for control of gray mold in Oregon and
Washington. This regulation extends a time-limited tolerance for
residues of the fungicide cyprodinil in or on caneberries at 10 ppm for
an additional 2-year period. This tolerance will expire and is revoked
on December 31, 2003. A time-limited tolerance was originally published
in the Federal Register on June 30, 1999 (64 FR 35032) (FRL-6086-3).
Desmedipham. EPA has authorized under FIFRA section 18 the use of
desmidipham on garden beets for control of various weed pests in New
York. This regulation extends a time-limited tolerance for residues of
the herbicide desmedipham in or on red beet roots at 0.2 ppm and red
beet tops at 15 ppm for an additional 2-year period. These tolerances
will expire and are revoked on December 31, 2003. Time-limited
tolerances were originally published in the Federal Register on August
29, 1997 (62 FR 45741) (FRL-5738-5).
Difenoconazole. EPA has authorized under FIFRA section 18 the use
of difenoconazole on corn seed for control of damping off and die-back
diseases in corn in Idaho. This regulation extends time-limited
tolerances for residues of the fungicide difenoconazole (1-((2-(2-
chloro-4-(4-chlorophenoxy)phenyl)-4-methyl-1,3-dioxolan-2-yl)methyl)-
1H-1,2,4-triazole) in or on corn, sweet (kernel + corn with husk
removed); corn, sweet, forage; and corn, sweet, stover at 0.1 ppm for
an additional 1-year period. These tolerances will expire and are
revoked on December 31, 2003. Time-limited tolerances were originally
published in the Federal Register on September 1, 1999 (64 FR 47680)
(FRL-6094-3).
Emamectin benzoate. EPA has authorized under FIFRA section 18 the
use of emamectin benzoate on cotton for control of beet armyworm and
tobacco budworm in Arkansas, Louisiana, Mississippi, New Mexico,
Oklahoma, and Texas. This regulation extends time-limited tolerances
for residues of the insecticide emamectin benzoate: 4'-epi-methylamino-
4'-deoxyavermectin B1 benzoate in or on cotton gin byproduct at 0.025
ppm; cotton hulls at 0.004 ppm; cotton meal at 0.002 ppm; cottonseed at
0.002 ppm; cottonseed oil at 0.006 ppm; meat, fat; meat byproduct of
cattle, goats, hogs, and sheep at 0.002 ppm; and milk for an additional
1-year period. These tolerances will expire and are revoked on December
31, 2002. Time-limited tolerances were originally published in the
Federal Register on January 12, 2000 (65 FR 1796) (FRL-6398-5).
Fenbuconazole. EPA has authorized under FIFRA section 18 the use of
(alpha-[2-4-chlorophenyl)-ethyl]alpha-phenyl-3-(1H-1,2,4-triazole)-1-
propanenitrile on grapefruit for control of greasy spot in Florida.
This regulation extends time-limited tolerances for combined residues
of the fungicide (alpha-[2-4-chlorophenyl)-ethyl]alpha-phenyl-3-(1H-
1,2,4-triazole)-1-propanenitrile and its metabolites cis -5-(4-
chlorophenyl)-dihydro-3-phenyl-3-(1H-1,2,4-triazole-1-ylmethyl)-2-3H-
furanone and trans-5(4-chlorophenyl)dihydro-3-phenyl-3-(1H1,2,4-
triazole-1-ylmethyl-2-3H-furanone in or on fat of cattle, goats, hogs,
horses, and sheep at 0.01 ppm for an additional 2-year period. These
tolerances will expire and are revoked on December 31, 2003. Time-
limited tolerances were originally published in the Federal Register on
July 26, 2000 (65 FR 45920) (FRL-6596-6).
Fenpropathrin. EPA has authorized under FIFRA section 18 the use of
fenpropathrin on currants for control of currant borer (Synanthedon
tipuliformes) in Washington. This regulation extends a time-limited
tolerance for esidues of the insecticide fenpropathrin (alpha-cyano-3-
phenoxy-benzyl 2,2,3,3-tetramethylcyclopropanecarboxylate) in or on
currants at 15 ppm for an additional 2-year period. This tolerance will
expire and is revoked on December 31, 2003. A time-limited tolerance
was originally published in the Federal Register on July 14, 1997 (62
FR 37516) (FRL-5731-3).
Fludioxonil. EPA has authorized under FIFRA section 18 the use of
fludioxonil on apricots, nectarines, peaches, and plums for control of
brown rot, gray mold rot, and Rhizopus rot in Alabama, California,
Georgia, New Jersey, Oregon, and South Carolina. This regulation
extends time-limited tolerances for residues of the fungicide
fludioxonil 4-(2,2-difluoro-1,3-benzodioxol-4-yl)-1H-pyrrole-3-
carbonitrile in or on apricots, nectarines, peaches, and plums at 5.0
ppm for an additional 2-year period. These tolerances will expire and
are revoked on December 31, 2003. Time-limited tolerances were
originally published in the Federal Register on June 24, 1998 (63 FR
34304) (FRL-5797-5).
HOE-107892 (mefenpyr-diethyl). EPA has authorized under FIFRA
section 18 the use of HOE-107892 on wheat and barley for control of
foxtail in Montana and North Dakota. This regulation extends time-
limited tolerances for residues of the the inert ingredient, herbicide
safener HOE-107892 and its metabolites HOE-113225, HOE-109453, and HOE-
094270 in or on barley grain at 0.05 ppm, barley hay at 0.5 ppm, barley
straw at 0.1 ppm, and the processed by-products of barley grain:
pearled barley at 1.0 ppm, bran at 0.4 ppm, and flour at 0.1 ppm and
wheat grain at 0.01 ppm and wheat straw at 0.05 ppm for an additional
2-year period. These tolerances will expire and are revoked on December
31, 2003. Time-limited tolerances were originally published in the
Federal Register on August 8, 1997 (wheat) (62 FR 42678) (FRL-5731-7)
and September 9, 1998 (barley) (63 FR 48116) (FRL-6024-7).
Imazapic-ammonium. EPA has authorized under FIFRA section 18 the
use of imazapic-ammonium on pasture/rangeland and land in the
conservation reserve program for control of leafy spurge in Colorado,
Montana, Nebraska, North Dakota, and South Dakota. This regulation
extends time-limited tolerances for combined residues of the herbicide
imazapic-ammonium, (+)-2-[4,5-dihydro-4-methyl-4-(1-methylethyl)-5-oxo-
1H-imidazol-2-yl]-5-methyl-3-pyridinecarboxylic acid, applied as its
ammonium salt and its metabolite (+)-2-[4,5-dihydro-4-methyl-4-(1-
methylethyl)-5-oxo-1H-imidazol-2-
[[Page 64771]]
yl]-5-hydromethyl-3-pyridinecarboxylic acid both free and conjugated in
or on grass forage at 30 ppm; grass hay at 15 ppm; milk; fat, meat;
meat byproducts (except kidney) of cattle, goats, hogs, horses, and
sheep at 0.10 ppm; kidney of cattle, goats, hogs, horses, and sheep at
1 ppm for an additional 2-year period. These tolerances will expire and
are revoked on December 31, 2003. Time-limited tolerances were
originally published in the Federal Register on October 6, 1999 (64 FR
54218) (FRL-6382-3).
Mancozeb. EPA has authorized under FIFRA section 18 the use of
mancozeb on ginseng for control of stem and leaf blight in Michigan and
Wisconsin. This regulation extends a time-limited tolerance for
combined residues of the fungicide mancozeb, calculated as zinc
ethylenebisdithiocarbamate and its metabolite ETU in or on ginseng at
2.0 ppm for an additional 1-year period. This tolerance will expire and
is revoked on December 31, 2002. A time-limited tolerance was
originally published in the Federal Register on May 24, 2000 (65 FR
33469) (FRL-6556-9).
Maneb. EPA has authorized under FIFRA section 18 the use of maneb
on walnuts for control of bacterial blight in California. This
regulation extends a time-limited tolerance for combined residues of
the fungicide maneb (manganous ethylenebisdithiocarbamate) calculated
as zinc ethylenebisdithiocarbamate, and its metabolite ethylenethiourea
in or on walnuts at 0.05 ppm for an additional 2-year period. This
tolerance will expire and is revoked on December 31, 2003. A time-
limited tolerance was originally published in the Federal Register on
March 17, 1999 (64 FR 13097) (FRL-6067-9).
Metolachlor. EPA has authorized under FIFRA section 18 the use of
metolachlor on spinach for control of weeds in Arizona, Colorado,
Maryland, New Jersey, Oklahoma, Pennsylvania, Texas, Virginia, and
Wisconsin. This regulation extends a time-limited tolerance for the
combined residues (free and bound) of the herbicide metolachlor 2-
chloro-N-(2-ethyl-6-methylphenyl)-N-(2-methoxy-1-methylethyl)acetamide
and its metabolites determined as the derivatives, 2-[(2-ethyl-6-
methylphenyl)amino]-1-propanol and 4-(2-ethyl-6-methylphenyl)-2-
hydroxy-5-methyl-3-morpholinone, each expressed as the parent compound
in or on spinach at 0.3 ppm for an additional 6-month period. This
tolerance will expire and is revoked on June 30, 2002. A time-limited
tolerance was originally published in the Federal Register on November
29, 1996 (61 FR 60617) (FRL-5477-7).
Metsulfuron-methyl. EPA has authorized under FIFRA section 18 the
use of metsulfuron-methyl on sorghum for control of weeds in Kansas,
Nebraska, New Mexico, Oklahoma, and Texas. This regulation extends
time-limited tolerances for the combined residues of the herbicide
metsulfuron methyl and its 4-hydroxy metabolite (methyl 2-[[[[(4-
methoxy-6-methyl-1,3,5-triazin-2-yl)amino]carbonyl]-amino]sulfonyl]-4-
hydroxybenzoate) in or on sorhum, fodder at 0.5 ppm; sorhum, forage at
0.3 ppm; and sorhum, grain at 0.4 ppm for an additional 2-year period.
These tolerances will expire and are revoked on December 31, 2003.
Time-limited tolerances were originally published in the Federal
Register on December 16, 1999 (64 FR 70184) (FRL-6391-8).
Propiconazole. EPA has authorized under FIFRA section 18 the use of
propiconazole on grain sorghum for control of sorghum ergot in
Nebraska, New Mexico, and Texas. This regulation extends time-limited
tolerances for combined residues of the fungicide propiconazole, 1-[[2-
(2,4-dichlorophenyl)-4-propyl-1,3-dioxolan-2-yl]methyl]-1H-1,2,4-
triazole and its metabolites determined as 2,4-dichlorobenzoic acid and
expressed as parent compound in or on grain sorghum, grain at 0.2 ppm;
grain sorghum, stover at 1.5 ppm; and sorghum aspirated grain fractions
at 20 ppm for an additional 2-year period. These tolerances will expire
and are revoked on December 31, 2003. Time-limited tolerances were
originally published in the Federal Register on August 13, 1997 (62 FR
43284) (FRL-5735-2).
Propyzamide. EPA has authorized under FIFRA section 18 the use of
propyzamide on cranberries for control of dodder in Delaware,
Massachusetts, New Jersey, and Rhode Island. This regulation extends a
time-limited tolerance for the combined residues of the herbicide
propyzamide and its metabolites containing the 3,5-dichlorobenzoyl
moiety (calculated as 3,5-dichloro-N-(1,1-dimethyl-2-
propenyl)benzamide) in or on cranberries at 0.05 ppm for an additional
2-year period. This tolerance will expire and is revoked on December
31, 2003. A time-limited tolerance was originally published in the
Federal Register on September 16, 1998 (63 FR 49479) (FRL-6022-5).
Tebuconazole. EPA has authorized under FIFRA section 18 the use of
tebuconazole on wheat for control of Fusarium head blight in Michigan,
North Dakota, and South Dakota. This regulation extends a time-limited
tolerance for residues of the fungicide tebuconazole (alpha-[2-(4-
chlorophenyl)-ethyl]-alpha-(1,1-dimethylethyl)-1H-1,2,4-triazole-1-
ethanol) in or on wheat hay at 15.0 ppm and wheat straw at 2.0 ppm for
an additional 2-year period. These tolerances will expire and are
revoked on December 31, 2003. Time-limited tolerances were originally
published in the Federal Register on June 20, 1997 (62 FR 33550) (FRL-
5725-7).
Tebuconazole. EPA has authorized under FIFRA section 18 the use of
tebuconazole on barley for control of Fusarium head blight in North
Dakota and South Dakota. This regulation extends time-limited
tolerances for residues of the fungicide tebuconazole (alpha-[2-(4-
chlorophenyl)-ethyl]-alpha-(1,1-dimethylethyl)-1H-1,2,4-triazole-1-
ethanol) in or on barley grain at 2.0 ppm, barley hay at 20.0 ppm, and
barley straw at 20.0 ppm for an additional 2-year period. These
tolerances will expire and are revoked on December 31, 2003. Time-
limited tolerance were originally published in the Federal Register on
June 20, 1997 (62 FR 33550) (FRL-5725-7).
Tebuconazole. EPA has authorized under FIFRA section 18 the use of
tebuconazole on sunflower for control of rust in Colorado. This
regulation extends time-limited tolerances for residues of the
fungicide tebuconazole in or on sunflower oil at 0.4 ppm and sunflower
seed at 0.2 ppm for an additional 2-year period. These tolerances will
expire and are revoked on December 31, 2003. Time-limited tolerances
were originally published in the Federal Register on June 20, 1997 (62
FR 33550) (FRL-5725-7).
Tebuconazole. EPA has authorized under FIFRA section 18 the use of
tebuconazole on garlic for control of garlic rust in California. This
regulation extends a time-limited tolerance for residues of the
fungicide tebuconazole in or on garlic at 0.1 ppm for an additional 2-
year period. This tolerance will expire and is revoked on December 31,
2003. A time-limited tolerance was originally published in the Federal
Register on May 26, 1999 (64 FR 28377) (FRL-6079-1).
Thiabendazole. EPA has authorized under FIFRA section 18 the use of
thiabendazole on lentils for control of ascochyta blight in Idaho,
Montana, North Dakota, and Washington. This regulation extends a time-
limited tolerance for residues of the fungicide thiabendazole in or on
lentils at 0.1 ppm for an additional 1-year period. This
[[Page 64772]]
tolerance will expire and is revoked on December 31, 2002. A time-
limited tolerance was originally published in the Federal Register on
February 25, 1998 (63 FR 9435) (FRL-5767-6).
Zinc phosphide. EPA has authorized under FIFRA section 18 the use
of zinc phosphide on barley, potatoes, sugarbeets, and wheat for
control of meadow voles and field mice in Idaho. This regulation
extends time-limited tolerances for residues of phosphine resulting
from the use of the rodenticide zinc phosphide in or on barley, grain
at 0.010 ppm; barley, hay at 0.20 ppm; barley, straw at 0.20 ppm;
potatoes at 0.05 ppm; sugar beet (roots) at 0.05 ppm; sugar beet (tops)
at 0.10 ppm; and wheat, aspirated grain fractions; wheat grain; wheat
hay; and wheat, straw at 0.010 ppm for an additional 2-year period.
These tolerances will expire and are revoked on December 31, 2003.
Time-limited tolerances were originally published in the Federal
Register on December 9, 1998 (63 FR 67794) (FRL-6046-1) and August 16,
2000 (65 FR 49936) (FRL-6598-9).
III. 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. Although the procedures in those
regulations require some modification to reflect the amendments made to
the FFDCA by FQPA, EPA will continue to use those procedures, with
appropriate adjustments, until the necessary modifications can be made.
The new FFDCA section 408(g) provides essentially the same process for
persons to ``object'' to a regulation for an exemption from the
requirement of a tolerance issued by EPA under new FFDCA section
408(d), as was provided in the old FFDCA sections 408 and 409. However,
the period for filing objections is now 60 days, rather than 30 days.
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-301194 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 January
14, 2002.
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. Tolerance 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 [email protected],
or by mailing a request for information to Mr. Tompkins at 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 III.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-301194, 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: [email protected]. 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 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).
IV. Regulatory Assessment Requirements
This final rule establishes time-limited tolerances under FFDCA
section 408. 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).
Because this rule has been exempted from review under Executive Order
12866 due to its lack of significance, this rule is not subject to
Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use (66 FR 28355,
May 22, 2001). This final rule does not contain any information
collections
[[Page 64773]]
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
special considerations under Executive Order 12898, entitled Federal
Actions to Address Environmental Justice in Minority Populations and
Low-Income Populations (59 FR 7629, February 16, 1994); or OMB review
or any Agency action under Executive Order 13045, entitled Protection
of Children from Environmental Health Risks and Safety Risks (62 FR
19885, April 23, 1997). 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). Since tolerances and
exemptions that are established under FFDCA section 408(l)(6) in
response to an exemption under FIFRA section 18, 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. 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
(64 FR 43255, August 10, 1999). 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). For these same reasons, the Agency has
determined that this rule does not have any ``tribal implications'' as
described in Executive Order 13175, entitled Consultation and
Coordination with Indian Tribal Governments (65 FR 67249, November 6,
2000). Executive Order 13175, requires EPA to develop an accountable
process to ensure ``meaningful and timely input by tribal officials in
the development of regulatory policies that have tribal implications.''
``Policies that have tribal implications'' is defined in the Executive
Order to include regulations that have ``substantial direct effects on
one or more Indian tribes, on the relationship between the Federal
government and the Indian tribes, or on the distribution of power and
responsibilities between the Federal government and Indian tribes.''
This rule will not have substantial direct effects on tribal
governments, on the relationship between the Federal government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal government and Indian tribes, as specified in
Executive Order 13175. Thus, Executive Order 13175 does not apply to
this rule.
V. 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: November 29, 2001.
Peter Caulkins,
Acting 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. 321(q), 346(a) and 374.
Sec. 180.110 [Amended]
2. In Sec. 180.110, in the table to paragraph (b), amend the entry
for walnuts by revising the expiration date ``12/31/01'' to read ``12/
31/03.''
Sec. 180.176 [Amended]
3. In Sec. 180.176, in the table to paragraph (b), amend the entry
for ginseng by revising the expiration date ``12/31/01'' to read ``12/
31/02.''
Sec. 180.242 [Amended]
4. In Sec. 180.242, in the table to paragraph (b), amend the entry
for lentils by revising the expiration date ``12/31/01'' to read ``12/
31/02.''
Sec. 180.284 [Amended]
5. In Sec. 180.284, in the table to paragraph (b), amend the entry
for barley, grain; barley, hay; barley, straw; potatoes; sugar beet
(roots); sugar beet (tops); wheat, aspirated grain fractions; wheat,
grain; wheat, hay; and wheat, straw by revising the expiration date
``12/31/01'' to read ``12/31/03.''
Sec. 180.301 [Amended]
6. In Sec. 180.301, in the table to paragraph (b), amend the entry
for onions, dry bulb by revising the expiration date ``12/31/01'' to
read ``12/31/03.''
Sec. 180.317 [Amended]
7. In Sec. 180.317, in the table to paragraph (b), amend the entry
for cranberries by revising the expiration date ``12/31/01'' to read
``12/31/03.''
Sec. 180.353 [Amended]
8. In Sec. 180.353, in the table to paragraph (b), amend the entry
for red beet roots and red beet tops by revising the expiration date
``12/31/01'' to read ``12/31/03.''
Sec. 180.368 [Amended]
9. In Sec. 180.368, in the table to paragraph (b), amend the entry
for spinach by revising the expiration date ``12/31/01'' to read ``6/
30/02.''
Sec. 180.428 [Amended]
10. In Sec. 180.428, in the table to paragraph (b), amend the entry
for sorghum, fodder; sorghum, forage; and sorghum, grain by revising
the expiration date ``12/31/01'' to read ``12/31/03.''
[[Page 64774]]
Sec. 180.431 [Amended]
11. In Sec. 180.431, in the table to paragraph (b), amend the entry
for flax seed by revising the expiration date ``12/31/01'' to read
``12/31/03.''
Sec. 180.434 [Amended]
12. In Sec. 180.434, in the table to paragraph (b), amend the entry
for sorghum, aspirated grain fractions; sorghum, grain, grain; and
sorghum, grain, stover by revising the expiration date ``12/31/01'' to
read ``12/31/03.''
Sec. 180.442 [Amended]
13. In Sec. 180.442, in the table to paragraph (b), amend the entry
for peanuts, nutmeats by revising the expiration date ``12/31/01'' to
read ``12/31/03.''
Sec. 180.449 [Amended]
14. In Sec. 180.449, in the table to paragraph (b), amend the entry
for avocado by revising the expiration date ``12/31/02'' to read ``12/
31/03'' and also amend the entry for spinach by revising the expiration
date ``1/31/02'' to read ``12/31/03.''
Sec. 180.466 [Amended]
15. In Sec. 180.466, in the table to paragraph (b), amend the entry
for currants by revising the expiration date ``12/31/01'' to read ``12/
31/03.''
Sec. 180.474 [Amended]
16. In Sec. 180.474, in the table to paragraph (b)(1), amend the
entries for barley, grain; barley, hay; barley, straw; garlic;
sunflower oil; sunflower seed; wheat, hay; and wheat, straw by revising
the expiration date ``12/31/01'' to read ``12/31/03.''
Sec. 180.475 [Amended]
17. In Sec. 180.475, in the table to paragraph (b), amend the entry
for corn, sweet (kernel + corn with husk removed); corn, sweet, forage;
and corn, sweet, stover by revising the expiration date ``12/31/02'' to
read ``12/31/03.''
Sec. 180.480 [Amended]
18. In Sec. 180.480, in the table to paragraph (b), amend the entry
for cattle, fat; goats, fat; hogs, fat; horses, fat; and sheep, fat by
revising the expiration date ``12/31/01'' to read ``12/31/03.''
19. In Sec. 180.490, the table in paragraph (b) is revised to read
as follows:
Sec. 180.490 Imazapic-ammonium; tolerances for residues.
* * * * *
(b) * * *
----------------------------------------------------------------------------------------------------------------
Commodity Parts per million Expiration/revocation date
----------------------------------------------------------------------------------------------------------------
Cattle, fat........................................ 0.10 12/31/03
Cattle, kidney..................................... 1.0 12/31/03
Cattle, mbyp (except kidney)....................... 0.1 12/31/03
Cattle, meat....................................... 0.1 12/31/03
Goats, fat......................................... 0.1 12/31/03
Goats, kidney...................................... 1.0 12/31/03
Goats, mbyp (except kidney)........................ 0.1 12/31/03
Goats, meat........................................ 0.1 12/31/03
Grass, forage...................................... 30 12/31/03
Grass, hay......................................... 15 12/31/03
Hogs, fat.......................................... 0.1 12/31/03
Hogs, kidney....................................... 1.0 12/31/03
Hogs, mbyp (except kidney)......................... 0.1 12/31/03
Hogs, meat......................................... 0.1 12/31/03
Horses, fat........................................ 0.1 12/31/03
Horses, kidney..................................... 1.0 12/31/03
Horses, mbyp (except kidney)....................... 0.1 12/31/03
Horses, meat....................................... 0.1 12/31/03
Sheep, fat......................................... 0.1 12/31/03
Sheep, kidney...................................... 1.0 12/31/03
Sheep, mbyp (except kidney)........................ 0.1 12/31/03
Sheep, meat........................................ 0.1 12/31/03
----------------------------------------------------------------------------------------------------------------
* * * * *
20. In Sec. 180.505, the table in paragraph (b) is revised to read
as follows:
Sec. 180.505 Emamectin benzoate; tolerances for residues.
* * * * *
(b) * * *
----------------------------------------------------------------------------------------------------------------
Commodity Parts per million Expiration/revocation date
----------------------------------------------------------------------------------------------------------------
Cattle, fat........................................ 0.002 12/31/02
Cattle, meat....................................... 0.002 12/31/02
Cattle, meat byproduct............................. 0.002 12/31/02
Cotton gin byproduct............................... 0.025 12/31/02
Cotton hulls....................................... 0.004 12/31/02
Cotton, meal....................................... 0.002 12/31/02
Cottonseed......................................... 0.002 12/31/02
Cottonseed oil..................................... 0.006 12/31/02
Goats, fat......................................... 0.002 12/31/02
Goats, meat........................................ 0.002 12/31/02
Goats, meat byproduct.............................. 0.002 12/31/02
Hogs, fat.......................................... 0.002 12/31/02
Hogs, meat......................................... 0.002 12/31/02
Hogs, meat byproduct............................... 0.002 12/31/02
Milk............................................... 0.002 12/31/02
[[Page 64775]]
Sheep, fat......................................... 0.002 12/31/02
Sheep, meat........................................ 0.002 12/31/02
Sheep, meat byproduct.............................. 0.002 12/31/02
----------------------------------------------------------------------------------------------------------------
* * * * *
Sec. 180.509 [Amended]
21. In Sec. 180.509, in the table to paragraph (b), amend the
entries for barley, bran; barley, flour; barley, grain; barley, hay;
barley, pearled; barley, straw; wheat grain; wheat straw by revising
the expiration date ``12/31/01'' to read ``12/31/03.''
Sec. 180.516 [Amended]
22. In Sec. 180.516, in the table to paragraph (b), amend the
entries for apricots, nectarines, peaches, and plums by revising the
expiration date ``12/31/01'' to read ``12/31/03.''
Sec. 180.532 [Amended]
23. In Sec. 180.532, in the table to paragraph (b), amend the entry
for caneberries by revising the expiration date ``12/31/01'' to read
``12/31/03.''
[FR Doc. 01-30916 Filed 12-13-01; 8:45 am]
BILLING CODE 6560-50-S