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Fluroxypyr 1-Methylheptyl Ester. July 19, 2001. Extension of Tolerances for Emergency Exemptions. Final Rule. Federal Register.
http://www.epa.gov/fedrgstr/EPA-PEST/2001/July/Day-19/p18099.htm
[Federal Register: July 19, 2001 (Volume 66, Number 139)]
[Rules and Regulations]
[Page 37593-37599]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19jy01-12]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[OPP-301146 FRL-6793-8]
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
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
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 July 19, 2001. Objections and
requests for hearings, identified by docket control number OPP-301146,
must be received by EPA on or before August 20, 2001.
ADDRESSES: Written objections and hearing requests may be submitted by
[[Page 37594]]
mail, in person, or by courier. Please follow the detailed instructions
for each method as provided in Unit III. of the SUPPLMENTARY
INFORMATION. To ensure proper receipt by EPA, your objections and
hearing requests must identify docket control number OPP-301146 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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Contact person/e-
Pesticide CFR cite mail address
------------------------------------------------------------------------
Avermectin 40 CFR 180.449 Beth Edwards/
edwards.beth@epa.
gov
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Paraquat 40 CFR 180.205 Libby Pemberton/
pemberton.libby@e
pa.gov
Dimethomorph 40 CFR 180.493
Propamocarb hydrochloride 40 CFR 180.499
Cymoxanil 40 CFR 180.503
------------------------------------------------------------------------
Fenbuconazole 40 CFR 180.480 Shaja R. Brothers/
brothers.shaja@ep
a.gov
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Fluroxypyr 1-Methylheptyl Ester 40 CFR 180.535 Andrew Ertman/
ertman.andrew@epa
.gov
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Ethalfluralin 40 CFR 180.416 Barbara Madden/
madden.barbara@ep
a.gov
Propiconazole 40 CFR 180.434
Myclobutanil 40 CFR 180.443
Tebuconazole 40 CFR 180.474
Tebufenozide 40 CFR 180.482
Imazamox 40 CFR 180.508
Tetraconazole 40 CFR 180.557
------------------------------------------------------------------------
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:
------------------------------------------------------------------------
Examples of
Categories NAICS Codes Potentially
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,'' ``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 _0 0.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-301146. 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 below. 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 section 18 of the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA). 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
[[Page 37595]]
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 section 408(l)(6). Therefore, the time-limited
tolerances are extended until the date listed below. 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 these pesticides indicate that the residues are
not safe.
Tolerances for the use of the following pesticide chemicals on
specific commodities are being extended:
1. Paraquat. EPA has authorized under FIFRA section 18 the use of
paraquat on green peas grown for seed and dry peas for control of weeds
in Idaho, North Dakota, and Oregon. This regulation extends a time-
limited tolerance for residues of the herbicide/desiccant/defoliant
paraquat (1,1'-dimethyl-4,4'-bipyridinium-ion) derived from application
of either the bis (methyl sulfate) or the dichloride salt (both
calculated as the cation) in or on dry peas at 0.3 parts per million
(ppm) for an additional 251/2 month-period. This tolerance will expire
and is revoked on December 31, 2003. A time-limited tolerance was
originally published in the Federal Registeron August 29, 1997 (62 FR
45748) (FRL-5739-8).
2. Ethalfluralin. EPA has authorized under FIFRA section 18 the use
of ethalfluralin on canola for control of kochia in Montana, Minnesota,
and North Dakota. This regulation extends a time-limited tolerance for
residues of the herbicide ethalfluralin N-ethyl- N-(2-methyl-2-
propenyl)-2,6-dinitro-4-(trifluoromethyl)benzenamine in or on canola at
0.05 ppm for an additional 2-year period. This tolerance will expire
and is revoked on Decmber 31, 2003. A time-limited tolerance was
originally published in the Federal Register on December 17, 1997 (62
FR 66008) (FRL-5756-4).
3. Propiconazole. EPA has authorized under FIFRA section 18 the use
of propiconazole on: cranberries for control of cottonball disease in
Washington and Wisconsin; and dry beans for the control of rust in
Minnesota and North Dakota. 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 metabolite determined as 2,4-dichlorobenzoic acid in
or on cranberries at 1.0 ppm, dry beans at 0.5 ppm, dry bean forage at
8 ppm, and dry bean hay at 8 ppm for an additional 2-year period. These
tolerances will expire and are revoked on December 31, 2003. A time-
limited tolerance for cranberries was originally published in the
Federal Register on April 11, 1997 (62 FR 17710) (FRL-5600-5). Time-
limited tolerances for dry beans, dry bean forage and dry bean hay were
originally published in the Federal Register on June 13, 1997 (62 FR
32224) (FRL-5718-8).
4. Myclobutanil. EPA has authorized under FIFRA section 18 the use
of myclobutanil on hops for control of powdery mildew in Idaho, Oregon
and Washington; on artichokes to control powdery mildew in California;
and on peppers (bell and non-bell) to control powdery mildew in
Califonia and New Mexico. This regulation extends a time-limited
tolerance for residues of the fungicide myclobutanil in or on hop
cones, dried at 5.0 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 10,
1998 (63 FR 37289) (FRL-5798-6). This regulation also extends time-
limited tolerances for residues of myclobutanil in or on artichoke at
1.0 ppm and peppers (bell and non-bell) at 1.0 ppm for an additional
11-month period. These tolerances will expire and are revoked on June
30, 2003. Time-limited tolerances were originally published in the
Federal Register on September 16, 1998 (63 FR 49472) (FRL-6025-1).
5. Avermectin. EPA has authorized under FIFRA section 18 the use of
avermectin on basil for control of leafminers in California. This
regulation extends a time-limited tolerance for residues of the
miticide avermectin B1 and its delta-8,9-isomer in or on basil at 0.05
ppm for an additional 2-years and 5-months. 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
1466) (FRL-5737-1).
6. Tebuconazole. EPA has authorized under FIFRA section 18 the use
of tebuconazole on hops for control of powdery mildew in Idaho, Oregon
and Washington. 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
hops at 4.0 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 December 2, 1998
(63 FR 66449) (FRL-6036-3).
7. 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 whole grapefruit at 0.5 ppm,
dried grapefruit pulp at 4.0 ppm, grapefruit oil at 35 ppm, and meat
and meat by products of cattle, goats, hogs, horses, and sheep at 0.1
ppm for an additional 2-years 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).
8. Tebufenozide. EPA has authorized under FIFRA section 18 the use
of tebufenozide on: grapes for the control of grape leaffolder and
omnivorous leafroller in California; and longan and lychee for control
of Lychee webworm in Florida. This regulation extends time-limited
tolerances for residues of the insecticide tebufenozide, benzoic acid,
3,5-dimethyl-1-(1,1-dimethylethyl)-2-(4-ethylbenzoyl)hydrazide in or on
grapes at 3 ppm and lychee and longan at 1.0 ppm for an additional 2-
year period. These tolerances will expire and are
[[Page 37596]]
revoked on December 31, 2003. A time-limited tolerance was originally
published for grapes in the Federal Register on July 6, 2000 (65 FR
41594) (FRL-6590-1). Time-limited tolerances were originally published
for longan and lychee in the Federal Register on March 17, 1999 (64 FR
13088) (FRL-6065-2).
9. Dimethomorph. EPA has authorized under FIFRA section 18 the use
of dimethomorph on squash, cantaloupe, watermelon, and cucumber for
control of phytophthora capsici in Delaware, Illinois, Michigan, and
Wisconsin. This regulation extends time-limited tolerances for residues
of the fungicide dimethomorph in or on squash, cantaloupe, watermelon,
and cucumber at 1.0 ppm for an additional 2-year, 3-month period. These
tolerances will expire and are revoked on December 31, 2003. Time-
limited tolerances were originally published in the Federal Register on
February 18, 1998 (63 FR 8134) (FRL-5767-8).
10. Propamocarb hydrochloride. EPA has authorized under FIFRA
section 18 the use of propamocarb hydrochloride on tomatoes for control
of late blight in California. This regulation extends a time-limited
tolerance for residues of the fungicide propamocarb hydrochloride in or
on tomatoes, tomato puree and tomato paste at 0.5, 1.0, and 3.0 ppm,
respectively, for an additional 251/2 months. This tolerance will
expire and is revoked on December 31, 2003. Time-limited tolerances
were originally published in the Federal Register on May 16, 1997 (62
FR 26960) (FRL-5717-5).
11. Cymoxanil. EPA has authorized under FIFRA section 18 the use of
cymoxanil on hops for control of downy mildew in Oregon. This
regulation extends a time-limited tolerance for residues of the
fungicide cymoxanil in or on dried hops at 1.0 ppm for an additional
251/2-months. These tolerances will expire and are revoked on December
31, 2003. Time-limited tolerances were originally published in the
Federal Register on December 2, 1998 (63 FR 66459) (FRL-6038-5).
12. Imazamox. EPA has authorized under FIFRA section 18 the use of
imazamox on dry bean for control of various weeds in Wisconsin,
Montana, Nebraska, Wyoming, Colorado, Minnesota and North Dakota. This
regulation extends a time-limited tolerance for residues of the
herbicide imazamox, 2-[4,5-dihydro-4-methyl-4-(1methylethyl)-5-oxo-1H-
imidazol-2-yl]-5-methoxymethyl-3-pyridine-carboxylic acid, applied as
the free acid or ammonium salt in or on dry beans at 0.05 ppm for an
additional 2-year, 5-month period. This tolerance will expire and is
revoked on December 31, 2003. A time-limited tolerance was originally
published on July 14, 1999 (64 FR 37855) (FRL-6086-5).
13. Fluroxypyr 1-methylheptyl ester. EPA has authorized under FIFRA
section 18 the use of fluroxypyr 1-methylheptyl ester on field corn and
sweet corn for control of volunteer potatoes in Washington, Oregon,
Idaho, and Wisconsin. This regulation extends time-limited tolerances
for residues of the herbicide fluroxypyr 1-methylheptyl ester ((4-
amino-3,5-dichloro-6-fluoro-2-pyridinyl)oxy)acetic acid, 1-methylheptyl
ester and it's metabolite fluroxypyr in or on corn, sweet, K + CWHR at
0.05 ppm; corn, sweet, forage at 2.0 ppm; corn, sweet, stover at 2.5
ppm; corn, field, grain at 0.05 ppm; corn, field, forage at 2.0 ppm;
corn, field, stover at 2.5 ppm for an additional 2-year, 1-month
period. These tolerances will expire and are revoked on December 31,
2003. Time-limited tolerances were originally published in the Federal
Register on August 5, 1998 (63 FR 41727) (FRL-6018-4).
14. Tetraconazole. EPA has authorized under FIFRA section 18 the
use of tetraconazole on sugarbeets for control of cercospora leafspot
in Michigan, Montana, Colorado, Nebraska, and Wyoming. This regulation
extends time-limited tolerances for residues of the fungicide
tetraconazole (+/-)-2-(2,4-dichlorophenyl)-3-(1H-1,2,4-triazol-1-yl)
propyl 1, 1,2,2-tetrafluoroethyl ether in or on sugarbeets, and
sugarbeet-related commodities, and for secondary residues of triazole
on animal commodities from livestock fed sugarbeet by-products at 0.10
ppm on sugarbeet, 6.0 ppm in sugarbeet top, 0.20 ppm in sugarbeet dried
pulp, 0.30 ppm in sugarbeet molasses, 0.050 ppm in milk, 0.030 ppm in
cattle, meat and meat byproducts except kidney and liver, 0.20 ppm in
kidney, 6.0 ppm in liver, and 0.60 ppm in fat for an additional 2-
years. These tolerances will expire and are revoked on December 31,
2003. Time-limited tolerances were originally published in the Federal
Register on December 6, 1999 (64 FR 68046) (FRL-6384-1).
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 of 1996, EPA will continue to use those
procedures, with appropriate adjustments, until the necessary
modifications can be made. The new 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
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-301146 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 August
20, 2001.
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 Confidential Business Information (CBI). Information so
marked will not be disclosed except in accordance with procedures set
forth in 40 CFR part 2. A copy of the information that does not contain
CBI must be submitted for inclusion in the public record. Information
not marked confidential may be disclosed publicly by EPA without prior
notice.
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
[[Page 37597]]
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.
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-301146, 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: 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 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).
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 other
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
[[Page 37598]]
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: June 29,2001.
James Jones,
Director, Registration Division, Office of Pesticide Programs.
Therefore, 40 CFR chapter I is amended as follows:
PART 180--[AMENDED]
1. The authority citation for part 180 continues to read as
follows:
Authority: 21 U.S.C. 321(q), 346(a) and 371.
Sec. 180.205 [Amended]
2. In Sec. 180.205, in the table to paragraph (b), amend the entry
for peas (dry) by revising the expiration/revocation date `` 11/15/01''
to read ``12/31/03.''
Sec. 180.416 [Amended]
3. In Sec. 180.416, in the table to paragraph (b), amend the entry
for canola by revising the expiration/revocation date ``12/31/01'' to
read ``12/31/03.''
Sec. 180.434 [Amended]
4. In Sec. 180.434, in the table to paragraph (b), amend the
entries for cranberries; dry beans; dry bean forage; and dry bean hay
by revising the expiration/revocation date ``12/31/01'' to read ``12/
31/03.''
Sec. 180.443 [Amended]
5. In Sec. 180.443, in the table to paragraph (b), amend the
entries for hop cones, dried by revising the expiration/revocation date
``12/31/01'' to read ``12/31/03'' and amend the entries for artichoke
and peppers (bell and non-bell) by revising the expiration/revocation
date ``7/31/02'' to read ``6/30/03.''
Sec. 180.449 [Amended]
6. In Sec. 180.449, in the table to paragraph (b), amend the entry
for basil by revising the expiration/revocation date ``7/31/01'' to
read ``12/31/03.''
Sec. 180.474 [Amended]
7. In Sec. 180.474, in the table to paragraph (b), amend the entry
for hops by revising the expiration/revocation date ``12/31/01'' to
read ``12/31/03.''
8. In Sec. 180.480, the table to paragraph (b), by revising the
following entries:
Sec. 180.480 Fenbuconazole; tolerance for residues.
* * * * *
(b)* * *
------------------------------------------------------------------------
Expiration/
Commodity Parts per revocation
million Date
------------------------------------------------------------------------
* * * * *
Cattle mbyp............................. 0.01 12/31/03
Cattle meat............................. 0.01 12/31/03
* * * * *
Goats, mbyp............................. 0.01 12/31/03
Goats, meat............................. 0.01 12/31/03
Grapefruit.............................. 0.5 12/31/03
Grapefruit pulp, dried.................. 4.0 12/31/03
Grapefruit oil.......................... 35 12/31/03
* * * * *
Hogs, mbyp.............................. 0.01 12/31/03
Hogs, meat.............................. 0.01 12/31/03
* * * * *
Horses, mybp............................ 0.01 12/31/03
Horses, meat............................ 0.01 12/31/03
* * * * *
Sheeps, mybp............................ 0.01 12/31/03
Sheeps, meat............................ 0.01 12/31/03
------------------------------------------------------------------------
* * * * *
Sec. 180.482 [Amended]
9. In Sec. 180.482, in the table to paragraph (b), amend the
entries for grapes; longan; and lychee by revising the expiration/
revocation date ``12/31/01'' to read ``12/31/03''
Sec. 180.493 [Amended]
10. In Sec. 180.493, in the table to paragraph (b), amend the
entries for cantaloupe; cucumber; squash; and watermelon by revising
the expiration/revocation date ``9/30/01'' to read ``12/31/03.''
Sec. 180.499 [Amended]
11. In Sec. 180.499, in the table to paragraph (b), amend the
entries for tomatoes; tomato paste; and tomato puree by revising the
expiration/revocation date ``11/15/01'' to read ``12/31/03.''
Sec. 180.503 [Amended]
12. In Sec. 180.503, in the table to paragraph (b), amend the
entries for hops, dried, by revising the expiration/revocation date
``10/15/01'' to read ``12/31/03.''
Sec. 180.508 [Amended]
13. In Sec. 180.508, in the table to paragraph (b), amend the entry
for beans, dry by revising the expiration/revocation date ``7/15/01''
to read ``12/31/03.''
14. In Sec. 180.535, the table to paragraph (b), is revised to read
as follows:
Sec. 180.535 Fluroxypyr 1-methylheptyl ester; tolerances for residues.
* * * * *
(b)* * *
------------------------------------------------------------------------
Expiration/
Commodity Parts per revocation
million date
------------------------------------------------------------------------
Corn, field, forage..................... 2.0 12/31/03
Corn, field, grain...................... 0.05 12/31/03
Corn, field, stover..................... 2.5 12/31/03
Corn, sweet, forage..................... 2.0 12/31/03
Corn,sweet, K + CWHR.................... 0.05 12/31/03
Corn, sweet, stover..................... 2.5 12/31/03
------------------------------------------------------------------------
* * * * *
15. In Sec. 180.557, the table to paragraph (b), is revised to read
as follows:
Sec. 180.557 Tetraconazole; tolerances for residues.
* * * * *
(b)* * *
------------------------------------------------------------------------
Expiration/
Commodity Parts per revocation
million date
------------------------------------------------------------------------
Beet, sugar, dried pulp................. 0.20 12/31/03
Beet, sugar, molasses................... 0.30 12/31/03
Beet, sugar, roots...................... 0.10 12/31/03
Beet, sugar, tops....................... 6.0 12/31/03
Cattle, fat............................. 0.60 12/31/03
Cattle, kidney.......................... 0.20 12/31/03
Cattle, liver........................... 6.0 12/31/03
Cattle, meat............................ 0.030 12/31/03
[[Page 37599]]
Cattle, meat byproducts; except kidney 0.030 12/31/03
and liver..............................
Milk.................................... 0.050 12/31/03
------------------------------------------------------------------------
* * * * *
[FR Doc. 01-18099 Filed 7-18-01; 8:45 am]
BILLING CODE 6560-50-S