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January
16, 2003. Extension of Tolerances for Emergency Exemptions.
Federal Register.
Bifenthrin
Flufenacet
Lambda-cyhalothrin
Sulfentrazone
Note from
EC: Flufenacet is
N-(4-fluorophenyl)-N-(1-methylethyl)-2-[[5- (trifluoromethyl)-1,3,4-thiadiazol-2-yl]oxy]acetamide;
180.527.
http://www.epa.gov/fedrgstr/EPA-PEST/2003/January/Day-16/p969.htm
[Federal Register: January 16, 2003 (Volume 68, Number 11)]
[Rules and Regulations]
[Page 2242-2247]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16ja03-19]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[OPP-2002-0336; FRL-7284-8]
Extension of Tolerances for Emergency Exemptions (Multiple
Chemicals)
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This regulation extends time-limited tolerances for the
pesticides listed in Unit II. of the SUPPLEMENTARY INFORMATION. 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
[[Page 2243]]
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 January 16, 2003. Objections and
requests for hearings, identified by docket ID number OPP-2002-0336,
must be received by EPA on or before February 18, 2003.
ADDRESSES: Written objections and hearing requests may be submitted
electronically, by mail, or through hand delivery/courier. Follow the
detailed instructions as provided in Unit I. of the SUPPLEMENTARY
INFORMATION.
FOR FURTHER INFORMATION CONTACT: See the table in this unit 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 20460-0001; e-mail address:
Sec-18-Mailbox@epamail.epa.gov.
------------------------------------------------------------------------
Pesticide/CFR cite Contact person
------------------------------------------------------------------------
Sodium chlorate; 180.1020 Libby Pemberton
Zinc phosphide; 180.284................... (703) 308-9364
------------------------------------------------------------------------
Fenhexamid; 180.553 Barbara Madden
N-(4-fluorophenyl)-N-(1-methylethyl)-2-[[5- (703) 305-6463
(trifluoromethyl)-1,3,4-thiadiazol-2- ............................
yl]oxy]acetamide; 180.527.
------------------------------------------------------------------------
Bifenthrin; 180.442 Andrea Conrath
(703) 308-9356
------------------------------------------------------------------------
Tebufenozide; 180.482 Andrew Ertman
Lambda-cyhalothrin; 180.438............... (703) 308-9367
Sulfentrazone; 180.498....................
Spinosad; 180.495.........................
2,4-D; 180.142...........................
------------------------------------------------------------------------
Mancozeb;180.176 Dan Rosenblatt
(703) 308-9366
------------------------------------------------------------------------
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this Action Apply to Me?
You may be potentially affected by this action if you are a federal
or state government agency involved in administration of environmental
quality programs. Potentially affected entities may include, but are
not limited to:
Federal or State Government Entity, (NAICS 9241), i.e., Department
of Agriculture, Environment, etc.
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 this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. If you have any
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 Copies of this Document and Other Related Information?
1. Docket. EPA has established an official public docket for this
action under docket identification (ID) number OPP-2002-0336. The
official public docket consists of the documents specifically
referenced in this action, any public comments received, and other
information related to this action. Although a part of the official
docket, the public docket does not include Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. The official public docket is the collection of materials
that is available for public viewing at the Public Information and
Records Integrity Branch (PIRIB), Rm. 119, Crystal Mall #2,
1921 Jefferson Davis Hwy., Arlington, VA. This docket facility is open
from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal
holidays. The docket telephone number is (703) 305-5805.
2. Electronic access. You may access this Federal Register document
electronically through the EPA Internet under 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.
An electronic version of the public docket is available through
EPA's electronic public docket and comment system, EPA Dockets. You may
use EPA Dockets at http://www.epa.gov/edocket/ to submit or view public
comments, access the index listing of the contents of the official
public docket, and to access those documents in the public docket that
are available electronically. Although not all docket materials may be
available electronically, you may still access any of the publicly
available docket materials through the docket facility identified in
Unit I.B.1. Once in the system, select ``search,'' then key in the
appropriate docket ID number.
II. Background and Statutory Findings
EPA published final rules in the Federal Register for each
chemical/commodity listed. The initial issuance of these final rules
announced that EPA, on its own initiative, under section 408 of the
FFDCA, 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 section 408(l)(6) of the
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 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 section 408(b)(2) of FFDCA, and
decided that the necessary tolerance under section 408(l)(6) of FFDCA
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 section 408(l)(6) of FFDCA. Therefore, the time-
limited tolerances are extended until the date listed. 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 section 408(l)(5)
of FFDCA, 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
[[Page 2244]]
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:
1. 2,4-D. EPA has authorized under FIFRA section 18 the use of 2,4-
D on wild rice for control of water plantain in Minnesota. This
regulation extends time-limited tolerances for residues of the
herbicide 2,4-dichlorophenoxyacetic acid and its metabolites in or on
wild rice at 0.1 parts per million (ppm) for an additional 3-year
period. This tolerance will expire and is revoked on December 31, 2005.
A time-limited tolerance was originally published in the Federal
Register of September 5, 1997 (62 FR 46900) (FRL-5738-9).
2. Bifenthrin. EPA has authorized under FIFRA section 18 the use of
bifenthrin on citrus for control of weevils in Texas and Florida. This
regulation extends time-limited tolerances for residues of the
insecticide bifenthrin in or on citrus, dried pulp and citrus, oil at
0.3 parts per million (ppm) for an additional 2-year period. This
tolerance will expire and is revoked on December 31, 2004. A time-
limited tolerance was originally published in the Federal Register of
December 16, 1998 (63 FR 69200) (FRL-6048-1).
3. N-(4-fluorophenyl)-N-(1-methylethyl)-2-[[5-(trifluoromethyl)-
1,3,4-thiadiazol-2-yl]oxy]acetamide. EPA has authorized under FIFRA
section 18 the use of N-(4-fluorophenyl)-N-(1-methylethyl)-2-[[5-
(trifluoromethyl)-1,3,4-thiadiazol-2-yl]oxy]acetamide on wheat and
triticale for control of ryegrass in Idaho, Oregon, and Washington.
This regulation extends a time-limited tolerance for combined residues
of the herbicide N-(4-fluorophenyl)-N-(1-methylethyl)-2-[[5-
(trifluoromethyl)-1,3,4-thiadiazol-2-yl]oxy]acetamide and its
metabolites containing the 4-fluoro-N-methylethyl benzenamine moiety in
or on wheat grain at 1 ppm, wheat forage at 10 ppm, wheat hay at 2 ppm,
wheat straw at 0.5 ppm, meat and fat of cattle, goats, horses, hogs,
and sheep at 0.05 ppm, meat byproducts (other than kidney) of cattle,
goats, horses, hogs, and sheep at 0.10 ppm and kidney of cattle, goats,
horses, hogs, and sheep at 0.50 ppm for an additional 1-year, 11
months. These tolerances will expire and are revoked on June 30, 2005.
Time-limited tolerances were originally published in the Federal
Register of August 6, 1999 (64 FR 42839) (FRL-6091-9).
4. Fenhexamid. EPA has authorized under FIFRA section 18 the use of
fenhexamid on pears for control of gray mold in California. This
regulation extends a time-limited tolerance for residues of the
fungicide fenhexamid, (N-2,3-dichloro-4-hydroxyphenyl)-1-methyl
cyclohexanecarboxamide in or on pears at 15 ppm for an additional 2-
year period. This tolerance will expire and is revoked on December 31,
2004. A time-limited tolerance was originally published in the Federal
Register of November 21, 2000 (65 FR 69876) (FRL-6752-4)
EPA has received objections to tolerances it established for 2,4-D,
and fenhexamid on different food commodities. The objections were filed
by the Natural Resources Defense Council (NRDC) and raised several
issues regarding aggregate exposure estimates and the additional safety
factor for the protection of infants and children. Although these
objections concern separate rulemaking proceedings under the FFDCA, EPA
has considered whether it is appropriate to extend the emergency
exemption tolerances for 2,4-D, and fenhexamid while the objections are
still pending.
Factors taken into account by EPA included how close the Agency is
to concluding the proceedings on the objections, the nature of the
current action, whether NRDC's objections raised frivolous issues, and
extent to which the issues raised by NRDC had already been considered
by EPA. Although NRDC's objections are not frivolous, the other factors
all support extending these tolerances at this time. First the
objections proceeding is unlikely to conclude prior to when action is
necessary on this petition. NRDC's objections raise complex legal,
scientific, policy, and factual matters and EPA initiated a 60-day
public comment period on them in the Federal Register of June 19, 2002
(67 FR 41628) (FRL-7167-7). That comment period was extended until
October 16, 2002 (September 17, 2002, 67 FR 58536) (FRL-7275-3), and
EPA is now examining the extensive comments received. Second the nature
of the current actions are extremely time-sensitive as they address
emergency situations. Third the issues raised by NRDC are not new
matters but questions that have been the subject of considerable study
by EPA and comment by stakeholders. Accordingly, EPA is proceeding with
extending the tolerances for 2,4-D, and fenhexamid.
5. Lambda-Cyhalothrin. EPA has authorized under FIFRA section 18
the use of lambda-cyhalothrin on barley for control of the Russian
wheat aphid and cutworms in Idaho, Colrado, Wyoming, and Montana. This
regulation extends a time-limited tolerance for combined residues of
the pyrethroid lambda-cyhalothrin, 1:1 mixture of (S)-[alpha]-cyano-3-
phenoxybenzyl-(Z)-(1R,3R)-3-(2-chloro-3,3,3-trifluoroprop-1-enyl)-2,2-
dimethylcyclopropanecarboxylate and (R)-[alpha]-cyano-3-phenoxybenzyl-
(Z)-(1S,3S)-3-(2-chloro-3,3,3-trifluoroprop-1-enyl)-2,2-
dimethylcyclopropanecarboxylate and its epimer expressed as epimer of
lambda-cyhalothrin, a 1:1 mixture of (S)-[alpha]-cyano-3-phenoxybenzyl-
(Z)-(1S,3S)-3-(2-chloro-3,3,3-trifluoroprop-1-enyl)-2,2-
dimethylcyclopropanecarboxylate and (R)-[alpha]-cyano-3-phenoxybenzyl-
(Z)-(1R,3R)-3-(2-chloro-3,3,3-trifluoroprop-1-enyl)-2,2-
dimethylcyclopropanecarboxylate in or on barley grain at 0.05 ppm,
barley bran at 0.2 ppm, and barley hay and straw at 2.0 ppm for an
additional 3-year period. These tolerances will expire and are revoked
on December 31, 2005. Time-limited tolerances were originally published
in the Federal Register of October 29, 1997 (62 FR 56095) (FRL-5745-5)
6. Mancozeb. EPA has authorized under FIFRA section 18 the use of
mancozeb on ginseng for control of stem and leaf blight in Wisconsin.
This regulation extends a time-limited tolerance for combined residues
of the fungicide mancozeb, calculated as zinc
ethylenebisdithiocarbamate, and its metabolite ethylenethiourea (ETU)
in or on ginseng at 2.0 ppm for an additional 2-year period. This
tolerance will expire and is revoked on December 31, 2004. A time-
limited tolerance was originally published in the Federal Register of
October 9, 1998 (63 FR 54362) (FRL-6029-5)
7. Sodium chlorate. The state of Arkansas availed itself of the
authority to declare the existence of a crisis situation, thereby
authorizing use under FIFRA section 18 of sodium chlorate on wheat as a
defoliant or desiccant to aid in the harvest of wheat. This regulation
extends a time-limited exemption from the requirement of a tolerance
for residues of the defoliant/desiccant sodium chlorate in or on wheat
for an additional 2-year period. This exemption from the requirement of
a tolerance will expire and is revoked on December 31, 2004. A time-
limited exemption from the requirement of a tolerance was originally
published in the Federal Register of December 3, 1997 (62 FR 63858)
(FRL-5754-1)
8. Spinosad. EPA is authorizing under FIFRA section 18 the use of
spinosad on all agricultural commodities when
[[Page 2245]]
applied in connection with quarantine eradication programs directed by
state agricultural officials for control of quarantined fruit fly
species, such as the Mediterranean fruit fly in California. This
regulation extends a time-limited tolerance for residues of the
insecticide spinosad, Factor A is 2-[(6-deoxy-2,3,4-tri-O-methyl-o-L-
mannopyranosyl)oxy]-13-[[5-(dimethlamino)-tetrahydro-6-methyl-2H-pyran-
2-yl]oxy]9-ethyl-2,3,3a,5a,6,9,10,11,12,13,14,16a, 6b,tetradecahydro-
14-methyl-1H-as-Indaceno[3,2d]oxacyclododecin-7,15-dione. Factor D is
2-[6-deoxy-2,3,4-tri-O-methyl-o-L-mannopyranosyl)oxy]13-[[5-
(dimethylamino)-tetrahydri-6-methyl-2H-pyran-2-yl]oxy]-9-ethyl-
2,3,3a,5a,5b,6,9,10,11,12,13,14,16a,16b-tetradecahydro-4,14,dimethyl-
1H-as-Indaceno[3,2d]oxacyclododecin-7,15-dione, in or on all
agricultural commodities where a separate higher tolerance is not
already established at 0.02 ppm for an additional 4-year period. This
tolerance will expire and is revoked on December 31, 2006. A time-
limited tolerance was originally published in the Federal Register of
July 21, 1999 (62 FR 39053) (FRL-6086-7)
9. Spinosad. EPA has authorized under FIFRA section 18 the use of
spinosad on alfalfa for control of armyworms in Texas and New Mexico
and pastureland and rangeland for control of armyworms in Arkansas,
Mississippi, Texas, Tennessee and Georgia. This regulation extends
time-limited tolerances for combined residues of the herbicide
spinosad, Factor A is 2-[(6-deoxy-2,3,4-tri-O-methyl-o-L-
mannopyranosyl)oxy]-13-[[5-(dimethlamino)- tetrahydro-6-methyl-2H-
pyran-2-yl]oxy]9-ethyl-2,3,3a,5a,6,9,10,11,12,13,14,16a,
6b,tetradecahydro-14-methyl-1H-as-Indaceno[3,2d]oxacyclododecin-7,15-
dione. Factor D is 2-[6-deoxy-2,3,4-tri-O-methyl-o-L-
mannopyranosyl)oxy]13-[[5-(dimethylamino)-tetrahydri-6-methyl-2H-pyran-
2-yl]oxy]-9-ethyl-2,3,3a,5a,5b,6,9,10,11,12,13,14,16a,16b-
tetradecahydro-4,14,dimethyl-1H-as-Indaceno[3,2d]oxacyclododecin-7,15-
dione in or on alfalfa forage at 4.0 ppm; alfalfa hay at 4.0 ppm;
cattle fat at 15.0 ppm; cattle, meat byproducts at 3.50 ppm; cattle
meat at 0.60 ppm; egg at 0.030 ppm; goat fat at 15.0 ppm; goat meat
byproducts at 3.50 ppm; goat meat at 0.60 ppm; grass forage at 7.0 ppm;
grass hay at 7.0 ppm; hog fat at 15.0 ppm; hog meat byproducts at 3.50
ppm; hog meat at 0.60 ppm; horse fat at 15.0 ppm; horse meat byproducts
at 3.50 ppm; horse, meat at 0.60 ppm; sheep fat at 15.0 ppm; sheep meat
byproducts at 3.50 ppm; and sheep meat at 0.60 ppm for an additional 3-
year period. These tolerances will expire and are revoked on December
31, 2005. A time-limited tolerance was originally published for
sunflowers in the Federal Register of January 9, 2001 (66 FR 1592)
(FRL-6760-2).
10. Sulfentrazone. EPA has authorized under FIFRA section 18 the
use of sulfentrazone on horseradish for control of weeds in Wisconsin,
Minnesota, and Illinois; sugarcane for control of weeds in Louisiana;
and sunflowers for control of weeds in Montana, North Dakota,
Minnesota, Wyoming, Texas, Nebraska, Oklahoma, Missouri, South Dakota,
Kansas, and Colorado. This regulation extends a time-limited tolerance
for combined residues of the herbicide sulfentrazone, N-[2,4-dichloro-
5-[4-(difluoromethyl)-4,5-dihydro-3-methyl-5-oxo-1H-1,2,4-triazol-1-
yl]phenyl]methanesulfonamide, and its metabolites 3-hydroxymethyl
sulfentrazone (HMS) and 3-desmethyl sulfentrazone (DMS) in or on
horseradish, roots at 0.1 ppm, sugarcane at 0.05 ppm, and sunflower at
0.1 ppm for an additional 3-year period. These tolerances will expire
and are revoked on December 31, 2005. A time-limited tolerance was
originally published for sunflowers in the Federal Register of
September 21, 1999 (64 FR 51060) (FRL-6097-8). Time-limited tolerances
were originally published for horseradish and sugarcane in the Federal
Register of November 9, 2000 (65 FR 67272) (FRL-6751-7).
11. Tebufenozide. EPA has authorized under FIFRA section 18 the use
of tebufenozide on sweet potatoes for control of armyworms in
Mississippi, Louisiana, and North Carolina. This regulation extends a
time-limited tolerance for residues of the insecticide tebufenozide,
benzoic acid, 3,5-dimethyl-1-(1,1-dimethylethyl)-2-(4-
ethylbenzoyl)hydrazide in or on sweet potatoes at 0.25 ppm for an
additional 3-year period. This tolerance will expire and is revoked on
December 31, 2005. A time-limited tolerance was originally published in
the Federal Register of December 18, 1998 (63 FR 70030) (FRL-6049-4)
12. Zinc phosphide. EPA has authorized under FIFRA section 18 the
use of zinc phosphide on timothy, alfalfa, and clover for control of
vole complex in Washington. This regulation extends time-limited
tolerances for residues of the rodenticide zinc phosphide in or on
alfalfa (forage and hay); clover (forage and hay); and timothy (forage,
hay and seed) at 1; 0.1; and 0.1 ppm, respectively, for an additional
3-year period. These tolerances will expire and are revoked on December
31, 2005. Time-limited tolerances were originally published in the
Federal Register of August 25, 1998 (63 FR 45176) (FRL-6021-6) and
February 23, 2000 (65 FR 8872) (FRL-6489-8).
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 the FQPA, EPA will continue to use those procedures, with
appropriate adjustments, until the necessary modifications can be made.
The new section 408(g) of the FFDCA 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 section 408(d)
of the FFDCA, as was provided in the old sections 408 and 409 of the
FFDCA. 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 ID number OPP-2002-0336 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 February
18, 2003.
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
[[Page 2246]]
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 (1900C),
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001. You may also deliver your request to the
Office of the Hearing Clerk in Rm.104, Crystal Mall #2, 1921
Jefferson Davis Hwy., Arlington, VA. 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
(703) 603-0061.
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 tompkins.jim@epa.gov,
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-
0001.
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 20460-0001.
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.1. Mail your
copies, identified by docket ID number OPP-2002-0336, 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-
0001. In person or by courier, bring a copy to the location of the
PIRIB described in Unit I.B.1. You may also send an electronic copy of
your request via e-mail to: opp-docket@epa.gov. 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 section
408 of the FFDCA. 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 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 section 408(l)(6)
of the FFDCA 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 section 408(n)(4) of the
FFDCA. 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 (59 FR 22951, 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
[[Page 2247]]
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: December 24, 2002.
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 371.
Sec. 180.142 [Amended]
2. In Sec. 180.142, in the table to paragraph (b), the entry for
wild rice is amended by revising the expiration date to read ``12/31/
05.''
Sec. 180.176 [Amended]
3. In Sec. 180.176, in the table to paragraph (b), the entry for
ginseng is amended by revising the expiration date to read ``12/31/
04.''
Sec. 180.284 [Amended]
4. In Sec. 180.284, in the table to paragraph (b), the entries for
alfalfa, forage; alfalfa, hay; clover, forage, clover, hay; timothy,
forage; timothy, hay; and timothy, seed are amended by revising the
expiration dates to read ``12/31/05.''
Sec. 180.438 [Amended]
5. In Sec. 180.438, in the table to paragraph (b),the entries for
barley, bran; barley, grain; barley, hay; and barley, straw are amended
by revising the expiration dates to read ``12/31/05.''
Sec. 180.442 [Amended]
6. In Sec. 180.442, in the table to paragraph (b), the entries for
citrus, dried pulp; and citrus, oil are amended by revising the
expiration dates to read ``12/31/04.''
Sec. 180.482 [Amended]
7. In Sec. 180.482, in the table to paragraph (b), the entry for
sweet potato, roots is amended by revising the expiration date to read
``12/31/05.''
Sec. 180.495 [Amended]
8. In Sec. 180.495, in the table to paragraph (b), the entries for
alfalfa, forage; alfalfa, hay; cattle, fat; cattle, meat byproducts;
cattle, meat; egg; goat, fat; goat, meat byproducts; goat, meat; grass,
forage; grass, hay; hog, fat; hog, meat byproducts; hog, meat; horse,
fat; horse, meat byproducts; horse, meat; peanut, hay; poultry, fat;
sheep, fat; sheep, meat byproducts; and sheep, meat are amended by
revising the expiration date to read ``12/31/05'' and the entry for
``all commodities in connection with quarantine eradication programs
against exotic, non-indigenous, fruit fly species, where a separate
higher tolerance is not already established'' is amended by revising
the expiration date to read ``12/31/06.''
Sec. 180.498 [Amended]
9. In Sec. 180.498, in the table to paragraph (b), the entries for
horseradish, roots; sugarcane; and sunflower are amended by revising
the expiration date to read ``12/31/05.''
Sec. 180.527 [Amended]
10. In Sec. 180.527, in the table to paragraph (b), the entries
for cattle, fat; cattle, kidney; cattle, meat; cattle, meat byproducts;
goat, fat; goat, kidney; goat, meat; goat, meat byproducts; hog, fat;
hog, kidney; hog, meat; hog, meat byproducts; horse, fat; horse,
kidney; horse, meat; horse, meat byproducts; sheep, fat; sheep, kidney;
sheep, meat; sheep, meat byproducts; wheat, forage; wheat, grain;
wheat, hay; and wheat, straw are amended by revising the expiration
date to read ``6/30/05.''
Sec. 180.553 [Amended]
12. In Sec. 180.553, in the table to paragraph (b), the entry for
pear is amended by revising the expiration date to read ``12/31/04.''
Sec. 180.1020 [Amended]
13. In Sec. 180.1020, in the table to paragraph (b), the entry for
wheat is amended by revising the expiration date to read ``12/31/04.''
[FR Doc. 03-969 Filed 1-15-03; 8:45 a.m.]
BILLING CODE 6560-50-S