[Federal Register Volume 66, Number 132 (Tuesday, July 10, 2001)]
[Proposed Rules]
[Pages 35921-35925]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-16955]



[[Page 35921]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[OPP-301121; FRL-6779-7]
RIN 2070-AB78


Vinclozolin; Notice of Proposed Pesticide Tolerance Revocations 
and Channels of Trade Provision Guidance

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: This document proposes to revoke the tolerances for the 
fungicide vinclozolin on strawberries, stonefruits, cucumbers, and bell 
peppers. Foods legally treated with vinclozolin may continue to be 
marketed under the provisions of the FFDCA. The regulatory actions 
proposed in this document are part of the Agency's reregistration 
program under the Federal Insecticide, Fungicide, and Rodenticide Act 
(FIFRA), and the tolerance reassessment requirements of the Federal 
Food, Drug, and Cosmetic Act (FFDCA). By law, EPA is required to 
reassess 66% of the tolerances in existence on August 2, 1996, by 
August 2002, or about 6,400 tolerances. These tolerances were 
established under section 408 of the Federal Food, Drug, and Cosmetic 
Act (``FFDCA''), 21 U.S.C. 346a. EPA is proposing to revoke the 
strawberry and stonefruit tolerances because the Agency has canceled 
the pesticide registrations under Federal Insecticide, Fungicide, and 
Rodenticide Act (``FIFRA''), 7 U.S.C. 136 et seq., associated with 
them. In addition, the registrant for vinclozolin, BASF, is no longer 
supporting the tolerances on cucumbers and bell peppers, which were 
established for importation purposes only.
    The Food and Drug Administration (FDA) in a related document 
published elsewhere in this issue of the Federal Register is announcing 
the availability of a proposed guidance document presenting FDA's 
policy on its planned enforcement approach for foods containing 
vinclozolin residues. This guidance will assist firms in understanding 
the types of showing under 408(1)(5) of the FFDCA (hereinafter referred 
to as the ``channels of trade provision'') that FDA may find 
satisfactory in accordance with its planned enforcement approach for 
such section. EPA and FDA are cooperating on this effort. FDA will be 
asking for comment on this proposed guidance and EPA also encourages 
you to comment on this guidance.

DATES: Comments, identified by the docket control number must be 
received on or before September 10, 2001.

ADDRESSES:  Comments may be submitted by mail, electronically, or in 
person. Please follow the detailed instructions for each method as 
provided in Unit I. of the SUPPLEMENTARY INFORMATION. To ensure proper 
receipt by EPA, it is imperative that you identify docket control 
number OPP-301121 in the subject line on the first page of your 
response.

FOR FURTHER INFORMATION CONTACT:  Deanna Scher, Special Review and 
Registration Division (7508C), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., 
NW.,Washington, DC 20460; telephone number: 703-308-7043; and e-mail 
address: [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be affected by this action if you sell, distribute, 
manufacture, or use pesticides for agricultural applications, process 
food, distribute or sell food, or implement governmental pesticide 
regulations. Potentially affected categories and entities may include, 
but are not limited to the following:

 
------------------------------------------------------------------------
                                                 Examples of Potentially
             Categories                 NAICS       Affected Entities
------------------------------------------------------------------------
Industry                                    111  Crop production
                                            112  Animal production
                                            311  Food manufacturing
                                          32532  Pesticide manufacturing
------------------------------------------------------------------------

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

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

    1. Electronically. You may obtain electronic copies of this 
document, and certain other related documents that might be available 
electronically, from the EPA Internet Home Page at http://www.epa.gov/. 
To access this document, on the Home Page select ``Laws and 
Regulations'', 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_180/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-301121. 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.

C. How and to Whom Do I Submit Comments?

    You may submit comments through the mail, in person, or 
electronically. To ensure proper receipt by EPA, it is imperative that 
you identify docket control number OPP-301121 in the subject line on 
the first page of your response.
    1. By mail. Submit your comments to: Public Information and Records 
Integrity Branch (PIRIB), Information Resources and Services Division 
(7502C), Office of Pesticide Programs (OPP), Environmental Protection 
Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
    2. In person or by courier. Deliver your comments to: Public 
Information and Records Integrity Branch (PIRIB), Information Resources 
and Services Division (7502C), Office of Pesticide Programs (OPP), 
Environmental Protection Agency, Rm. 119, Crystal Mall #2, 1921 
Jefferson Davis Hwy., Arlington, VA. The PIRIB is open from 8:30 a.m. 
to 4 p.m., Monday through

[[Page 35922]]

Friday, excluding legal holidays. The PIRIB telephone number is (703) 
305-5805.
    3. Electronically. You may submit your comments electronically by 
e-mail to: [email protected], or you can submit a computer disk as 
described in this unit. Do not submit any information electronically 
that you consider to be CBI. Electronic comments must be submitted as 
an ASCII file avoiding use of special characters and any form of 
encryption. Comments and data will also be accepted on standard disks 
in WordPerfect 6.1/8.0 or ASCII file format. All comments in electronic 
form must be identified by docket control number OPP-301121. Electronic 
comments may also be filed online at many Federal Depository Libraries.

D. How Should I Handle CBI that I Want to Submit to the Agency?

    Do not submit any information electronically that you consider to 
be CBI. You may claim information that you submit to EPA in response to 
this document as CBI 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. In addition to one complete 
version of the comment that includes any information claimed as CBI, a 
copy of the comment that does not contain the information claimed as 
CBI must be submitted for inclusion in the public version of the 
official record. Information not marked confidential will be included 
in the public version of the official record without prior notice. If 
you have any questions about CBI or the procedures for claiming CBI, 
please consult the person listed under FOR FURTHER INFORMATION CONTACT.

E. What Should I Consider as I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your 
comments:
    1. Explain your views as clearly as possible.
    2. Describe any assumptions that you used.
    3. Provide copies of any technical information and/or data you used 
that support your views.
    4. If you estimate potential burden or costs, explain how you 
arrived at the estimate that you provide.
    5. Provide specific examples to illustrate your concerns.
    6. Offer alternative ways to improve the proposed rule or 
collection activity.
    7. Make sure to submit your comments by the deadline in this 
document.
    8. To ensure proper receipt by EPA, be sure to identify the docket 
control number assigned to this action in the subject line on the first 
page of your response. You may also provide the name, date, and Federal 
Register citation.

F. What Can I do if I Wish the Agency to Maintain a Tolerance that the 
Agency Proposes to Revoke?

    As discussed in Unit II, below, EPA does not believe that these 
tolerances can be maintained under FFDCA. Persons believing otherwise 
should submit comments to this proposed rule and any evidence as to why 
the tolerances are consistent with the FFDCA safety standard. In 
addition, any person may petition EPA to establish new tolerances. 
Petitioners should consult EPA regulations at 40 CFR part 180 on the 
necessary data and information to support tolerance petitions.

II. Background

 A. What Action is the Agency Taking?

    After consultation with FDA, USDA and stakeholders, EPA is 
proposing to revoke the tolerances for the fungicide vinclozolin on 
strawberries, stonefruits, cucumbers, and bell peppers. EPA intends to 
finalize this action after consideration of comments. The tolerance 
revocation is proposed to be effective on the date of publication of 
the final rule.

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

    A ``tolerance'' represents the maximum level for residues of 
pesticide chemicals legally allowed in or on raw agricultural 
commodities and processed foods. Section 408 of FFDCA, 21 U.S.C. 346a, 
as amended by the FQPA of 1996, Public Law 104-170, authorizes the 
establishment of tolerances, exemptions from tolerance requirements, 
modifications in tolerances, and revocation of tolerances for residues 
of pesticide chemicals in or on raw agricultural commodities and 
processed foods. Without a tolerance or exemption, food containing 
pesticide residues is considered to be unsafe and therefore 
``adulterated'' under section 402(a) of the FFDCA. (21 U.S.C. 342(a)). 
FFDCA section 301 prohibits, among other things, introduction or 
delivery for introduction into interstate commerce of any adulterated 
food. (21 U.S.C. 331(a)). For a pesticide to be sold and distributed, 
the pesticide must be registered under section 3, used in accordance 
with an experimental use permit under section 5, or exempted from 
section 3 requirements in accordance with section 18 of FIFRA (7 U.S.C. 
et seq.). Food-use pesticides not registered in the United States may 
have tolerances for residues of such pesticides in or on commodities 
imported into the United States, provided that EPA has determined that 
the tolerance is safe under section 408.
    Monitoring and enforcement of pesticide tolerances and exemptions 
are carried out by the U.S. Food and Drug Administration (FDA) and the 
U.S. Department of Agriculture (USDA). This includes monitoring for 
pesticide residues in or on commodities imported into the United 
States.
    Under FFDCA section 408(l)(2), if EPA cancels each FIFRA 
registration for the use of a pesticide on a food ``due in whole or in 
part to dietary risks to humans posed by residues of that pesticide 
chemical on food,'' EPA is required to revoke any tolerance or 
exemption in connection with the canceled use that allows residues of 
the pesticide on food. This provision imposes a mandatory duty on EPA. 
Once EPA cancels a FIFRA use due in part to dietary risks, EPA must 
revoke the associated tolerances and exemptions. Under section 
408(l)(5), foods lawfully treated prior to the last legal use date may 
in most cases continue to be marketed.

 C. Why is this Action being Proposed?

    1.  Strawberries and stonefruits. During a 1998 review of the 
vinclozolin toxicology data base, it was determined that an additional 
tenfold margin of safety, as specified in the Food Quality Protection 
Act, was required to protect the safety of infants and children. Based 
on EPA's assessment of the acute dietary risk posed by vinclozolin, the 
use of the additional tenfold margin of safety rendered aggregate risk 
to vinclozolin under existing use patterns unacceptable. BASF 
Corporation, the sole registrant for vinclozolin, requested amendment 
of its registrations to terminate the use of vinclozolin on 
strawberries and stonefruits in June 1998 in response to potential 
Agency action to revoke tolerances and cancel registrations due to 
unacceptable dietary risk. On July 30, 1998, EPA published a notice in 
the Federal Register (63 FR 40710-40712) (FRL-6020-9) announcing the 
cancellation of the FIFRA registered uses for the pesticide vinclozolin 
on strawberries and stonefruits. That notice informed the public of how 
it could comment on the request for cancellation. One comment was 
received in response to the proposal, submitted on behalf of the 
California Strawberry Commission. This

[[Page 35923]]

comment was fully addressed in a subsequent FR Notice (63 FR 59557-
59558) (FRL-6041-7) published on November 4, 1998 which announced the 
approval, with one minor change, of the proposed existing stocks 
provision for products containing vinclozolin. Under limitations on the 
use of existing stocks, the application of the pesticide vinclozolin on 
strawberries and stonefruit became unlawful after January 30, 2000.
    Although the use cancellations on strawberries and stonefruits were 
requested by the vinclozolin registrant, the cancellations closely 
followed, and in EPA's view, were precipitated by, EPA's determination 
that aggregate exposure to vinclozolin exceeded the safety standard 
under the FQPA. Thus, the cancellation action was ``due in whole or 
part to dietary risks to humans posed by residues of that pesticide 
chemical on food.''
    2. Cucumbers and bell peppers. Additional dietary and aggregate 
risk concerns were identified last year when vinclozolin was 
reevaluated for the purposes of reregistration. Acute dietary risk from 
vinclozolin in food was above the Agency's level of concern and 
potential exposure from surface and ground water sources exceeded the 
Agency's level of concern for cancer dietary risk from vinclozolin-
derived 3,5-DCA (see vinclozolin RED, http://www.epa.gov/REDs/). On May 
31, 2000, BASF submitted a risk mitigation proposal designed to address 
dietary and aggregate risk concerns identified during the 
reregistration process for vinclozolin. BASF requested a phase out of 
all domestic food uses of vinclozolin except for use on canola (65 FR 
56894, September 20, 2000) (FRL-6744-2). The proposal also involved the 
cancellation of all import tolerances except for wine grapes; 
specifically, the import tolerances for cucumbers and bell peppers. 
Vinclozolin is not registered for use on bell peppers and cucumbers in 
the United States. BASF requested that EPA revoke the established 
import tolerances for bell peppers and cucumbers not before January 1, 
2001. These mitigation measures allowed the Agency to determine that 
the use of vinclozolin, with the amendments proposed by the registrant, 
would meet the safety standard of the Food Quality Protection Act 
(FQPA).

 D. When do These Actions Become Effective?

    Under FFDCA section 408(l)(2), revocations required by that 
provision must take place no later than 180 days after the date such 
cancellation takes effect or the date on which the use of the canceled 
pesticide becomes unlawful under the terms of the cancellation, 
whichever is later. EPA approved BASF's label amendments deleting 
strawberries and stone fruits in September, 1998; however, use of 
vinclozolin on strawberries and stonefruits did not become unlawful 
until January 30, 2000, the last date for use of existing stocks.
     Since vinclozolin is not registered for use on bell peppers and 
cucumbers in the United States, imported cucumbers and bell peppers are 
the only foods that will be affected by this proposal. FFDCA 408(l)(2) 
does not apply to these commodities because there are no associated 
FIFRA uses.
     EPA intends to finalize this action as quickly as possible after 
consideration of comments. The tolerance revocation is proposed to be 
effective on the date of final publication.

 E. Will Food Treated Prior to the Last Lawful Date of Application Be 
Permitted to Clear the Channels of Trade?

    Any commodities listed in the regulatory text of this document that 
are treated with vinclozolin, and that are in the channels of trade 
following the tolerance revocations, shall be subject to FFDCA section 
408(l)(5), as established by the FQPA. Under this section, any residue 
of vinclozolin in or on such commodities shall not render the 
commodities adulterated so long as it is shown to the satisfaction of 
FDA that, (1) the residue is present as the result of an application or 
use of the pesticide at a time and in a manner that was lawful under 
FIFRA, and (2) the residue does not exceed the level that was 
authorized at the time of the application or use to be present on the 
food under a tolerance or exemption from a tolerance. The channels of 
trade provision allows for the orderly marketing of foods that may 
currently contain legal residues resulting from lawful applications of 
vinclozolin.
    Use of vinclozolin on strawberries and stonefruits became unlawful 
under FIFRA on January 30, 2000, the last date on which use of existing 
stocks was permitted. Because application of vinclozolin outside the 
United States after January 30, 2000 is essentially unregulated by 
FIFRA, EPA considers commodities with residues resulting from 
application outside the United States after that date to be outside the 
scope of the channels of trade provision in section 408(l)(5). 
Therefore, residues on both domestic and foreign commodities treated 
subsequent to January 30, 2000 would not be present as the result of an 
application or use of the pesticide at a time and in a manner that was 
lawful under FIFRA, and thus, would not be covered or subject to the 
channels of trade provision.
    FDA is announcing, elsewhere in this issue of Federal Register, the 
availability of a proposed guidance document on how it plans to 
administer FFDCA section 408(l)(5) for both domestic and imported 
commodities. FDA will invite comment on this draft guidance before 
issuing any final guidance. EPA encourages all interested parties to 
commnet on FDA's draft guidance.
    Considering the perishable nature of cucumbers and bell peppers, 
FDA estimates that they will either be consumed as fresh produce or 
will be further processed within three months of the effective date of 
the tolerance revocations. FDA's guidance indicates its intent to 
exercise enforcement discretion following the effective date of the 
revocation of the associated tolerances in order to: (1) Allow fresh 
bell peppers and cucumbers which bear residues of vinclozolin and which 
were imported prior to the effective date of tolerance revocation, to 
reach the ultimate consumer or be sold for further processing and (2) 
permit bell peppers and cucumbers bearing residues of vinclozolin which 
were processed abroad no later than three months after the tolerance 
revocations, to be subsequently imported into the U.S., thus granting 
equal treatment to foreign and domestic processors. EPA believes that 
allowing bell peppers or cucumbers to remain in domestic commerce 
during this three month period, or permitting processed bell peppers or 
cucumbers processed abroad during that 3 month period to be imported 
into the U.S., will not significantly impact the dietary risk 
contribution to the general population or any population subgroup. 
Exposure to residues is expected to be very low due to the fact that 
the majority of cucumbers and bell peppers consumed in the U.S. are 
grown domestically and of the fraction which are imported into the 
United States, EPA estimates that 1% or less have been treated with 
vinclozolin.

 F. What Is the Contribution to Tolerance Reassessment?

    By law, EPA is required to reassess 66% or about 6,400 of the 
tolerances in existence on August 2, 1996, by August 2002. EPA is also 
required to assess the remaining tolerances by August, 2006. As of 
October 15, 2000, EPA has reassessed over 3,550 tolerances. This 
document proposes to revoke 4 vinclozolin tolerances; however, the 
reassessments were previously counted in 1997 when all vinclozolin 
tolerances

[[Page 35924]]

were reassessed in order to make a decision on a new tolerance 
petition. Consequently, no further vinclozolin reassessments, including 
these 4 revocations, count towards the August, 2002 review deadline of 
FFDCA section 408(q).

III. Are The Proposed Actions Consistent with International 
Obligations?

    The tolerance revocations in this proposal are not discriminatory 
and are designed to ensure that both domestically-produced and imported 
foods meet the food safety standards established by the FFDCA. The same 
food safety standards apply to domestically produced and imported 
foods.
    EPA is working to ensure that the U.S. tolerance reassessment 
program under FQPA does not disrupt international trade. EPA considers 
Codex Maximum Residue Limits (MRLs) in setting U.S. tolerances and in 
reassessing them. MRLs are established by the Codex Committee on 
Pesticide Residues, a committee within the Codex Alimentarius 
Commission, an international organization formed to promote the 
coordination of international food standards. It is EPA's policy to 
harmonize U.S. tolerances with Codex MRLs to the extent possible, 
provided that the MRLs achieve the level of protection required under 
FFDCA. EPA's effort to harmonize with Codex MRLs is summarized in the 
tolerance reassessment section of individual Reregistration Eligibility 
Decision documents. The U.S. EPA has developed guidance concerning 
submissions for import tolerance support (65 FR 35069, June 1, 2000) 
(FRL-6559-3). This guidance will be made available to interested 
persons. Electronic copies are available on the internet at http://www.epa.gov/. On the Home Page select ``Laws and Regulations,'' then 
select ``Regulations and Proposed Rules'' and then look up the entry 
for this document under ``Federal Register--Environmental Documents.'' 
You can also go directly to the ``Federal Register'' listings at http://www.epa.gov/fedrgstr/.

 IV. Regulatory Assessment Requirements

    In this proposed rule, EPA is proposing to revoke specific 
tolerances established under FFDCA section 408. The Office of 
Management and Budget (OMB) has exempted this type of action; i.e., a 
tolerance revocation for which extraordinary circumstances do not 
exist, from review under Executive Order 12866, entitled Regulatory 
Planning and Review (58 FR 51735, October 4, 1993). This proposed rule 
does not contain any information collections subject to OMB approval 
under the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et seq., or 
impose any enforceable duty or contain any unfunded mandate as 
described under Title II of the Unfunded Mandates Reform Act of 1995 
(UMRA) (Public Law 104-4). Nor does it require any special 
considerations 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). 
Pursuant to the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et 
seq.), the Agency previously assessed whether revocations of tolerances 
for previously canceled uses might significantly impact a substantial 
number of small entities and concluded that, as a general matter, these 
actions do not impose a significant economic impact on a substantial 
number of small entities. This analysis was published on December 17, 
1997 (62 FR 66020), and was provided to the Chief Counsel for Advocacy 
of the Small Business Administration. Taking into account this 
analysis, and available information concerning the pesticides listed in 
this rule, I certify that this action will not have a significant 
economic impact on a substantial number of small entities. 
Specifically, as per the 1997 notice, EPA has reviewed its available 
data on imports and foreign pesticide usage and concludes that there is 
a reasonable international supply of food not treated with canceled 
pesticides. Furthermore, the Agency knows of no extraordinary 
circumstances that exist as to the present proposed revocations that 
would change EPA's previous analysis. Any comments about the Agency's 
determination should be submitted to EPA along with comments on the 
proposal, and will be addressed prior to issuing a final rule. 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 proposed 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 
proposed 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 proposed 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 proposed rule.''

List of Subjects in 40 CFR Part 180

    Environmental protection, pesticides and pest.

    Dated: June 19, 2001.
Marcia E. Mulkey,
Director, Office of Pesticide Programs.

    Therefore, it is proposed that 40 CFR part 180 be amended as 
follows:

[[Page 35925]]

PART 180--[AMENDED]

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

    Authority:  21 U.S.C. 321(q), 346a and 371.
    2. Section 180.380 is amended by removing from the table in 
paragraph (a) the entries for ``cucumbers'', ``peppers (bell)'', 
``stonefruits, except plums/fresh prunes'' and ``strawberries'', and by 
adding paragraph (e) to read as follows.


Sec. 180.380  Vinclozolin; tolerances for residues.

* * * * *
    (e) Revoked tolerances subject to the channel of trade provisions. 
The following table lists commodities with residues of vinclozolin 
resulting from lawful use are subject to the channels of trade 
provisions of section 408(1)(5) of the FFDCA:

------------------------------------------------------------------------
                                                               Parts per
                          Commodity                             million
------------------------------------------------------------------------
Cucumbers....................................................        1.0
Peppers (bell)...............................................        3.0
Stonefruits, except plums/fresh prunes.......................       25.0
Strawberries.................................................       10.0
------------------------------------------------------------------------

[FR Doc. 01-16955 Filed 7-9-01; 8:45 am]
BILLING CODE 6560-50-S