FLUORIDE
ACTION NETWORK PESTICIDE PROJECT
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July 31, 2002. Tolerance Revocations
for certain crops. Final
Rule. Federal Register.
Cryolite
Synthetic Cryolite
Ethalfluralin
Fluvalinate
Note
from FAN:
the fluorine and organofluorine pesticides included in this Final Rule are:
Cryolite
and synthetic cryolite (sodium aluminum fluoride) - tolerance
revocations for residues in or on beets, radishes,
rutabagas, and turnips
Ethalfluralin:
tolerance
revocations for residues in
or on
goats, fat; goats, meat; and goats, mbyp.
Fluvalinate:
tolerance revocations
for residues
in or on cattle,
fat; cattle, mbyp; cattle, meat; cottonseed; cottonseed hulls; cottonseed
oil (crude and refined); eggs; goat, fat; goat,
mbyp; goat, meat; hogs, fat; hogs, mbyp; hogs, meat; horses, fat; horses,
mbyp; horses, meat; milk; poultry, fat; poultry, mbyp; poultry, meat; sheep,
fat; sheep, mbyp; and sheep, meat; and coffee.
Honey is the only active
food-use for the insecticide fluvalinate. The residue tolerance for fluvalinate
in or on Honey is 0.05 ppm.
http://www.epa.gov/fedrgstr/EPA-PEST/2002/July/Day-31/p19104.htm
[Federal Register: July 31, 2002 (Volume 67, Number 147)]
[Rules and Regulations]
[Page 49606-49617]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31jy02-19]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[OPP-2002-0155; FRL-7191-4]
Acephate, Amitraz, Carbaryl, Chlorpyrifos, Cryolite, et al.;
Tolerance Revocations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: This document revokes certain tolerances for residues of the
pesticides acephate, amitraz, carbaryl, chlorpyrifos, cryolite,
disulfoton, ethalfluralin, ethion, ethoprop, fenthion, fluvalinate,
methamidophos, metribuzin, oxamyl, phorate, phosalone, phosmet,
pirimiphos-methyl, profenofos, propiconazole, tetrachlorvinphos,
thiram, and tribufos because these specific tolerances are either no
longer needed or are associated with food uses that are no longer
registered in the United States. The regulatory actions 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) section 408(q), as amended by the Food Quality
Protection Act (FQPA) of 1996. By law, EPA is required by August 2002
to reassess 66% of the tolerances in existence on August 2, 1996, or
about 6,400 tolerances. The regulatory actions in this document pertain
to the revocation of 140 tolerances. Because ten tolerances were
previously reassessed, 130 tolerances would be counted as reassessed.
Also, EPA is announcing that six goat and sheep tolerances at 0 ppm for
amitraz are considered to be reassessed. Therefore, a total of 136
tolerance reassessments would be counted among tolerance/exemption
reassessments made toward the August, 2002 review deadline.
DATES: This regulation is effective October 29, 2002; however, certain
regulatory actions will not occur until the date specified in the
regulatory text. Objections and requests for hearings, identified by
docket ID number OPP-2002-0155, must be received by EPA on or before
September 30, 2002.
ADDRESSES: Written objections and hearing requests may be submitted by
mail, in person, or by courier. Please follow the detailed instructions
for each method as provided in Unit IV. of the SUPPLEMENTARY
INFORMATION. To ensure proper receipt by EPA, your objections and
hearing requests must identify docket ID number OPP-2002-0155 in the
subject line on the first page of your response.
FOR FURTHER INFORMATION CONTACT: By mail: Joseph Nevola, Special Review
and Reregistration Division (7508C), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave.,
NW.,Washington, DC 20460; telephone number: (703) 308-8037; e-mail
address: nevola.joseph@epa.gov.
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 theFederal Register listings
at http://www.epa.gov/fedrgstr/. A frequently updated electronic
version of 40 CFR part 180 is available at http://www.access.gpo.gov/
nara/cfr/cfrhtml_00/Title_40/40cfr180_00.html, 
a beta site currently under development.
2. In person. The Agency has established an official record for
this action under docket ID number OPP-2002-0155. 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
[[Page 49607]]
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
A. What Action is the Agency Taking?
This final rule revokes certain FFDCA tolerances for residues of
the pesticides acephate, amitraz, carbaryl, chlorpyrifos, cryolite,
disulfoton, ethalfluralin, ethion, ethoprop, fenthion, fluvalinate,
methamidophos, metribuzin, oxamyl, phorate, phosalone, phosmet,
pirimiphos-methyl, profenofos, propiconazole, tetrachlorvinphos,
thiram, and tribufos in or on specified commodities listed in the
regulatory text because the tolerances are no longer needed or because
these pesticides are not registered under FIFRA for uses on those
commodities within the United States. However, comments were received
regarding a need for EPA to retain certain tolerances, including a
comment that there was a need for EPA to retain certain methamidophos
tolerances to cover residues in or on imported foods. EPA has
historically expressed a concern that retention of tolerances that are
not necessary to cover residues in or on legally treated foods has the
potential to encourage misuse of pesticides within the United States.
Thus, it is EPA's policy to issue a final rule revoking those
tolerances for residues of pesticide chemicals for which there are no
active registrations under FIFRA, unless any person commenting on the
proposal demonstrates a need for the tolerance to cover residues in or
on imported commodities or domestic commodities legally treated.
Today's final rule does not revoke those tolerances for which EPA
received comments stating a need for the tolerance to be retained.
Generally, EPA will proceed with the revocation of these tolerances on
the grounds discussed above if, (1) prior to EPA's issuance of a
section 408(f) order requesting additional data or issuance of a
section 408(d) or (e) order revoking the tolerances on other grounds,
commenters retract the comment identifying a need for the tolerance to
be retained, (2) EPA independently verifies that the tolerance is no
longer needed, or (3) the tolerance is not supported by data that
demonstrate that the tolerance meets the requirements under FQPA.
In the Federal Register of April 15, 2002 (67 FR 18150) (FRL-6834-
1), EPA issued a proposed rule to revoke the tolerances listed in this
final rule. Also, the April 15, 2002 proposal provided a 60-day comment
period in which public comment was invited for consideration and for
support of tolerance retention under FFDCA standards.
In response to the document published in the Federal Register of
April 15, 2002, EPA received comments on ethion, fenthion,
methamidophos, pirimiphos-methyl, and profenofos, as follows:
1. Ethion--i. Comment by Private Citizen. A comment was received
from a private citizen who inquired whether the ethion tolerances for
cattle, fat; cattle, meat byproducts; cattle, meat (fat basis); citrus
pulp, dehydrated; and citrus fruits, which were each proposed for
revocation with an expiration date were also modified.
Agency Response. EPA is revoking the ethion tolerances for citrus,
dried pulp and fruit, citrus in 40 CFR 180.173 with no further
modification at this time. Additionally, EPA is taking no action on the
ethion milk and cattle tolerances in 40 CFR 180.173 at this time.
EPA is revoking the tolerances for citrus, dried pulp and fruit,
citrus in 40 CFR 180.173 with an expiration/revocation date of October
1, 2008. In the ethion RED, EPA recommended that the citrus tolerances
should be revoked, but also be raised during the period before they
expire (from 10.0 to 25.0 ppm for dehydrated pulp and from 2.0 to 5.0
ppm for citrus fruits) based on the available citrus field trial and
processing data. However, while the citrus tolerances were proposed to
be revoked and raised in the codification section of the April 15, 2002
rule (67 FR 18150), the preamble for ethion stated only that the
tolerances were proposed to be revoked and did not mention raising
these tolerances in the interim period. Therefore, in a future
publication in the Federal Register, EPA will propose to raise the
tolerances for citrus, dried pulp and fruit, citrus during the period
before they expire to 25.0 and 5.0 ppm, respectively.
EPA is not taking action on the milk and cattle tolerances at this
time in order to verify whether a cancellation order for one cattle ear
tag product was completed. In addition, while the cattle tolerances
were proposed to be revoked and lowered in the codification section of
the April 15, 2002 rule (67 FR 18150), in the preamble for ethion, the
rule had stated only that the tolerances were proposed to be revoked.
Therefore, in a future publication in the Federal Register, EPA will
propose to revoke and lower the cattle tolerances during the period
before they expire on October 1, 2008 to 0.2 ppm and propose to revoke
the milk tolerance on October 1, 2008.
ii. Comments from Cheminova, Inc., Florida Citrus Mutual (FCM) and
Florida Fruit and Vegetable Association (FFVA). Comments were received
from Cheminova, FCM and FFVA who each requested that the revocation of
the tolerance for ethion on citrus and animal products be set no
earlier than October 1, 2008 to allow treated citrus fruit to travel
through juice processing and channels of trade, as well as to allow
animal commodities (from animals fed treated dehydrated citrus pulp)
through channels of trade. Cheminova and FFVA noted that fruit in a
citrus grove legally treated with ethion in December 2004 could remain
on the tree and not be picked until May or June 2005. Cheminova and FCM
noted that the bulk (90% to 95%) of Florida citrus products are made
into processed juice products. Cheminova also noted that because so
much of the citrus crop in Florida is grown for juice, citrus legally
treated with ethion may remain in the channels of trade for several
years. Both FCM and FFVA specifically stated that fruit processed for
frozen concentrated orange juice could conceivably be stored for up to
24 months before being moved into the channels of trade and could take
an additional 12 months before reaching the consumer.
Agency Response. EPA agrees that citrus and animal feed (citrus,
dried pulp) with legal residues of ethion can take several years to
clear channels of trade. With a last legal use date of December 31,
2004, the Agency agrees with the commenters that the expiration date of
October 1, 2008 for the citrus and animal tolerances is reasonable.
Therefore, EPA is revoking the tolerances in 40 CFR 180.173 for
residues of ethion including its oxygen analog (S-
[[diethoxyphosphinothioyl)thio]methyl]
O,O-diethyl phosphorothioate) in
or on goats, fat; goats, mbyp; goats, meat; hogs, fat; hogs, mbyp;
hogs, meat; horses, fat; horses, mbyp; horses, meat; sheep, fat; sheep,
mbyp; and sheep, meat with an expiration/revocation date of October 1,
2008.
In addition, EPA is revoking the tolerance for raisins and tea,
dried in 180.173 with an effective date that is 90
[[Page 49608]]
days after publication of this final rule in the Federal Register. On
January 14, 1998 (63 FR 2163)(FRL-5755-9), EPA consolidated certain
food and feed additive tolerance regulations in 40 CFR parts 185 and
186 to part 180, including the raisins and tea, dried tolerances for
ethion from 185.2750 into 180.173. On February 5, 1998 (63 FR
5907)(FRL-5743-9), the Agency proposed to revoke the tolerances for
raisins and tea, dried in 40 CFR 180.173. The Agency did not receive
any comment on the proposed revocation of these two tolerances.
However, on October 26, 1998, EPA published a final rule in the Federal
Register (63 FR 57067) (FRL-6035-6) which inadvertently did not remove
the raisins and tea, dried tolerances from the table of entries found
in 40 CFR 180.173. Now, EPA is finalizing that action.
2. Fenthion--Comment by Bayer Corporation. A comment was received
from Bayer Corporation in which Bayer stated that it is not appropriate
to revoke the fenthion milk and animal tolerances (fat, meat, and meat
byproducts for cattle and hogs) in 40 CFR 180.214 with the proposed
expiration date of April 1, 2003 because these tolerances are also
necessary for use of fenthion drug products, insecticides for cattle
use, one of which is a pour-on. Bayer stated that while it stopped
manufacturing these animal drug products on September 28, 2000, one
product can be used on livestock until it expires on September 28,
2004. Also, Bayer noted that treated commodities would take an
additional 18 months to move through trade channels and requested an
expiration date of April 1, 2006 as more appropriate.
Agency Response. To address Bayer's concern, the Agency is revoking
the tolerances in 40 CFR 180.214 for residues of fenthion and its
cholinesterase-inhibiting metabolites in or on cattle, fat; cattle,
meat; and cattle (mbyp) with an expiration/revocation date of April 1,
2006 to allow sufficient time for treated commodities to pass through
channels of trade. In a follow-up communication, Bayer stated that (1)
no swine uses were associated with the two fenthion animal drug
products and (2) the two fenthion animal drug products were for use on
non-lactating dairy cattle. For these reasons, Bayer noted that there
is no need to extend the milk or hog tolerances. Therefore, EPA is
revoking the tolerances in 40 CFR 180.214 for hogs, fat; hogs, meat;
hogs (mbyp); and milk with an expiration/revocation date of April 1,
2003, which allows sufficient time for treated commodities to pass
through channels of trade.
Also, EPA is revising commodity terminology in 40 CFR 180.214 to
conform to current Agency practice as follows: ``cattle (mbyp)'' to
``cattle, meat byproducts;'' ``hogs, fat'' to ``hog, fat;'' ``hogs,
meat'' to ``hog, meat;'' and ``hogs, mbyp'' to ``hog, meat
byproducts.''
3. Methamidophos--i. Comment by Canadian Horticultural Council
(CHC). A comment was received from the CHC, who requested the retention
of methamidophos (trade name Monitor) tolerances for broccoli, Brussels
sprouts, cabbage, cauliflower, and lettuce to allow importation of
those methamidophos-treated food commodities.
Agency Response. Because a comment was received which expressed a
need for the retention of specific tolerances for import purposes, EPA
will not revoke the tolerances in 40 CFR 180.315 for broccoli, Brussels
sprouts, cabbage, cauliflower, and lettuce at this time. EPA will
follow-up to see that data requirements are met. When the submitted
data have been reviewed, EPA will re-evaluate these tolerances under
FFDCA.
ii. Comment by Private Citizen. A comment was received from a
private citizen who asked that the Agency comment on Brussels sprouts,
cauliflower, and lettuce codified in 40 CFR 180.108 under acephate with
regard to the metabolite methamidophos in light of the proposed
revocations in 40 CFR 180.315 for those tolerances.
Agency Response. There are active registrations for acephate, which
degrades to methamidophos residues, on Brussels sprouts, cauliflower,
and lettuce head. These tolerances are codified at 40 CFR 180.108 for
residues of methamidophos (O,S-dimethyl phosphoramidothioate) as no
more than 0.5 ppm, 0.5 ppm, and 1.0 ppm, respectively. However, while
there are no active registrations for use of methamidophos on Brussels
sprouts, cauliflower, and lettuce, there are tolerances for those
commodities codified at 40 CFR 180.315 for residues of methamidophos at
1.0 ppm. To achieve compatibility with CODEX (0.5 ppm for cauliflower
and 1.0 ppm for lettuce head) and to remove duplicate tolerances, EPA
proposed to revoke the cauliflower (1.0 ppm) and lettuce (1.0 ppm)
tolerances for methamidophos in Sec. 180.315. Methamidophos residues
from the use of acephate on Brussels sprouts, cauliflower, and lettuce
head would have remained covered under 40 CFR 180.108. In a future
publication in the Federal Register, EPA will propose to revise the
acephate tolerances in 40 CFR 180.108 by consolidating that portion
concerning residues of methamidophos from acephate use to be recodified
with other methamidophos tolerances under Sec. &thnsp;180.315.
EPA is revoking the tolerances in 40 CFR 180.315(a) for residues of
methamidophos in or on beets, sugar, roots; and beets, sugar, tops. On
July 2, 1997, EPA published a notice in the Federal Register (62 FR
35812) (FRL-5724-7) under section 6(f)(1) of FIFRA announcing its
receipt of requests from the registrants to terminate the use of
methamidophos on all crops except cotton and potatoes, and to cancel
all methamidophos 24(c) food-use registrations not labeled for use on
tomatoes only, and provided a period for public comment. On December
23, 1997 (62 FR 67071) (FRL-5764-2), EPA published a notice in which
the Agency responded to comments received and approved those
terminations and cancellations, effective December 31, 1997. The Agency
determined that after December 31, 1997 only persons other than the
registrants were allowed to sell and distribute existing stocks, which
EPA believed to be relatively small. More than four years has passed,
which the Agency believes to be sufficient time for exhaustion of those
stocks and for treated commodities to have cleared channels of trade.
Because a petition submitted by the registrant to the Agency for
use on peppers regarding a FIFRA section 24(c) registration is pending
and because of the possibility that existing labels for section 24(c)
registrations may not yet have been amended regarding deletion of
cucumbers, eggplant, and melons, the Agency will not address cucumbers,
eggplant, melons, and peppers at this time. However, EPA is revising
commodity terminology in 40 CFR 180.315 to conform to current Agency
practice as follows: ``cottonseed'' to ``cotton, undelinted seed;''
``cucumbers'' to ``cucumber;'' ``melons'' to ``melon;'' ``peppers'' to
``pepper;'' ``potatoes'' to ``potato'' and ``tomatoes'' to ``tomato.''
EPA is also removing the ``(N)'' designation from the ``cotton,
undelinted seed'' and ``potato'' entries to conform to current Agency
administrative practice (``N'' designation means negligible residues).
4. Pirimiphos-methyl--Comment by Schering-Plough Animal Health
Corporation. A comment was received from Schering-Plough, who requested
that the current pirimiphos-methyl tolerances for cattle be retained.
Schering-Plough stated that the insecticide is currently used in ear
tag products as part of an integrated pest management program to
control horn flies and face flies on beef and non-lactating dairy
cattle and calves. Also,
[[Page 49609]]
Schering-Plough noted that a 1996 magnitude of residue study from
dermal application for a pour-on product was submitted to EPA, but was
returned pending completion of the organophosphate cumulative risk
assessment process. In addition, Schering-Plough asked that the Agency
provide a consistent and level playing field to all sponsors; i.e., EPA
should not include one sponsor's proposed use for pre-treatment of
grain storage bins (Product and Chemistry Chapter of June 1, 1998),
while at the same time exclude or delay approval of another proposed
use such as for a cattle-pour-on product in their assessment. Finally,
Schering-Plough noted that EPA actions to revoke or lower cattle
tolerances would be an inefficient use of resources because Schering-
Plough expects to submit an application for registration of a
pirimiphos-methyl pour-on product for cattle, including a completed
dermal magnitude of residue study.
Agency Response. In the proposal of April 15, 2002, EPA concluded
that the current tolerance on ``cattle meat'' was no longer needed
because the Agency has a reasonable expectation that no detectable
pirimiphos-methyl residues of concern would be found in cattle meat as
a result of cattle exposure via existing uses of pirimiphos-methyl.
(Results from ruminant and poultry feeding studies, and residue trials
conducted on stored grains, indicated that residues in certain
livestock commodities could be classified under 40 CFR 180.6(a)(3);
i.e., there is no reasonable expectation of finite residues). Schering-
Plough noted that the proposal to revoke the cattle meat tolerance was
based on the Agency's review of livestock feeding studies, not from a
magnitude of residue study from dermal application. Schering-Plough
requested retention of the cattle meat tolerance and stated it would
submit a registration application for a new use (pour-on product
formulation) for cattle, including a dermal metabolism study for
pirimiphos-methyl. EPA maintains that a cumulative risk assessment for
all organophosphate active ingredients must be completed before the
acceptance of new registrations can occur for pirimiphos-methyl.
Whether dermal exposure results for pirimiphos-methyl would have the
same metabolic pattern as oral dosing is not known. At this time, EPA
will not take action on the tolerance for ``cattle, meat'' in 40 CFR
180.409. EPA will continue to deliberate the issue, but may finalize
the revocation of the cattle meat tolerance in a future publication in
the Federal Register.
Because the tolerances are no longer needed, EPA is revoking the
tolerances in 40 CFR 180.409(a)(1) for combined residues of pirimiphos-
methyl, O-[2-diethylamino-6-methyl-4- pyrimidinyl) O,O-dimethyl
phosphorothioate, the metabolite O-[2-ethylamino-6-methyl- pyrimidin-4-
yl) O,O-dimethyl phosphorothioate and, in free and conjugated form, the
metabolites 2-diethylamino-6-methyl-pyrimidin-4-ol), 2-ethylamino-6-
methyl-pyrimidin-4-ol, and 2-amino-6-methyl-pyrimidin-4-ol in or on
eggs; goats, meat; hogs, meat; horses, meat; milk, fat (0.1 ppm (N) in
whole milk; poultry, mbyp; poultry, meat; and sheep, meat.
According to the pirimiphos-methyl Interim Reregistration
Eligibility Decision (IRED), residues in sorghum milling fractions are
no longer included in Table 1, ``Raw Agricultural and Processed
Commodities and Livestock Feeds Derived From Field Crops,'' of OPPTS
860.1000 (EPA 712-C-96-169, Residue Chemistry Test Guidelines, August
1996); i.e., sorghum milling fractions are no longer considered a
significant feed item, and the tolerance is no longer needed.
Therefore, EPA is revoking the tolerance in Sec. 180.409(a)(2) for
sorghum milling fractions (except flour). For reassessment counting
purposes, the tolerance for sorghum milling fractions will count as two
to reflect the two tolerances (in 40 CFR 185.4950 and 186.4950) that
had existed on August 3, 1996, when FQPA was enacted.
EPA is removing the tolerances in Sec. 180.409(a)(2) for corn
milling fractions (except flour); and corn oil. In the IRED, the Agency
concluded that based on processing studies pirimiphos-methyl residues
did not concentrate in these processed commodities and therefore these
tolerances are no longer needed. Because the use of pirimiphos-methyl
on corn remains, any residues in or on these processed corn commodities
will remain covered by the existing tolerance for corn. For
reassessment counting purposes, the Agency will not count removal of
the tolerances for corn oil and corn milling fractions (except flour)
as reassessments in this final rule.
In addition, EPA is revising commodity terminology in 40 CFR
180.409 to conform to current Agency practice as follows: ``cattle,
mbyp'' to ``cattle, meat byproducts;'' ``goats, fat'' to ``goat, fat;''
``goats, mbyp'' to ``goat, meat byproducts;'' ``hogs, fat'' to ``hog,
fat;'' ``hogs, mbyp'' to ``hog, meat byproducts;'' ``horses, fat'' to
``horse, fat;'' ``horses, mbyp'' to ``horse, meat byproducts;''
``sheep, mbyp'' to ``sheep, meat byproducts;'' and ``sorghum, grain''
to ``sorghum, grain, grain.'' Also in Sec. 180.409, EPA is revising
``cattle, kidney and liver'' to ``cattle, kidney'' and ``cattle,
liver;'' ``goats, kidney and liver'' to ``goat, kidney'' and ``goat,
liver;'' ``hogs, kidney and liver'' to ``hog, kidney'' and ``hog,
liver;'' ``horses, kidney and liver'' to ``horse, kidney'' and ``horse,
liver;'' and ``sheep, kidney and liver'' to ``sheep, kidney'' and
``sheep, liver.''
5. Profenofos--Comment by Private Citizen. A comment was received
from a private citizen who inquired whether the proposal of April 15,
2002 revised the tolerance expression in 40 CFR 180.404. The commenter
noted that a change in tolerance expression to profenofos per se was
recommended in the profenofos IRED of August, 2000 because profenofos
is considered a residue of toxicological concern.
Agency Response. EPA did not propose to revise the tolerance
expression in 40 CFR 180.404 at this time. The change in the tolerance
expression as recommended in the IRED for profenofos will be proposed
in the near future.
EPA is revoking the tolerances in 40 CFR 180.404 for hogs, fat;
hogs, mbyp; and hogs, meat. The Agency concluded that there is no
reasonable expectation of finite residues for hog commodities (meat,
fat, and meat byproducts) for profenofos based on feeding studies and
the tolerances are no longer needed according to 40 CFR 180.6(a)(3).
Also, EPA is revoking the tolerance in Sec. 180.404 for cottonseed
hulls because the tolerance is no longer needed. Based on a cottonseed
processing study, EPA determined that the current and interim
cottonseed tolerances are each adequate to cover cottonseed hulls.
No comments were received by the Agency concerning the following.
6. Acephate. EPA is revoking the tolerances in 40 CFR 180.108 for
combined residues of acephate and its cholinesterase-inhibiting
metabolite O,S-dimethylphosphura-midothioate in or on grass (pasture
and range) and grass hay because no active registrations exist which
cover those commodities. On April 17, 1998 (63 FR 19254)(FRL-5782-6),
July 8, 1998 (63 FR 36897)(FRL-5797-1), July 22, 1998 (63 FR
39287)(FRL-5799-9), and January 27, 1999 (64 FR 4099)(FRL-6051-8), EPA
had published notices in the Federal Register under section 6(f)(1) of
FIFRA announcing its receipt of requests from registrants to cancel or
amend certain product registrations and delete certain acephate uses,
including the grass pasture and rangeland use for acephate. EPA
approved the registrants' requests for voluntary cancellation of those
specific product registrations and
[[Page 49610]]
deletion of certain uses, including the use for grass (pasture and
rangeland), and allowed a period of 18 months (in the 1998 notices) and
12 months (in the 1999 notice) for registrants to sell and distribute
those specific existing stocks affected. The Agency believes that end
users have had sufficient time (at least 18 months beyond the endpoint
for sale and distribution by registrants) to exhaust those existing
stocks and for treated commodities to have cleared the channels of
trade.
7. Amitraz. Apple and horse commodity tolerances are currently
codified in 40 CFR 180.287 at 0 ppm; i.e., no finite tolerance is
established for apple and horse commodities for amitraz. Also, there is
currently no registered use of amitraz on apples or horse commodities.
Because the tolerances are no longer needed, the Agency is revoking the
tolerances in 40 CFR 180.287 for residues of amitraz and its
metabolites in or on apples; horses, fat; horses, mbyp; and horses,
meat. The EPA believes that sufficient time has passed for the
possibility of any stocks to have been exhausted and for the
possibility of any treated commodities to have cleared channels of
trade.
Also, there is a pending petition to establish tolerances for the
dermal use of amitraz. Currently, there are six tolerances in 40 CFR
180.287 for goats, fat; goats, mbyp; goats, meat; sheep, fat; sheep,
mbyp; and sheep, meat at 0 ppm. EPA has been able to identify no past
or current registrations of amitraz for use on goat or sheep
commodities. However, due to the pending petition, EPA is not taking
final action on those six tolerances at this time. EPA believes that
there is no risk of exposure to amitraz under these tolerances because
the tolerance permits no detectable amount of the pesticide chemical to
remain on the raw agricultural commodity when it is offered for
shipment and therefore the tolerances present a reasonable certainty of
no harm to human health. In accordance with FQPA, the Agency considers
those six goat and sheep tolerances at 0 ppm to be reassessed.
In addition, the Agency is revising commodity terminology in 40 CFR
180.287 to conform to current Agency practice as follows: ``beeswax''
to ``honeycomb.'' On June 21, 2002 (67 FR 42391)(FRL-7180-1), EPA
published a final rule in the Federal Register concerning tolerance
nomenclature, which revised the terminology of certain commodity terms
listed under 40 CFR part 180, subpart C in order to establish a uniform
listing, including the entry for ``hop, dried cone'' to ``hop, dried
cones.''
8. Carbaryl. In the U.S., there are no current uses of the
insecticide carbaryl in or on cotton, forage; barley; oats; or rye. The
Agency approved the registrant's requests for voluntary amendment of
various carbaryl product labels to delete use on oats and rye in 1996,
barley in 1997, and cotton forage in 1999. Therefore, EPA is revoking
the tolerances in 40 CFR 180.169 for residues of carbaryl, including
its hydrolysis product 1-naphthol, calculated as 1-naphthyl N-
methylcarbamate in or on barley, grain; barley, green fodder; barley,
straw; cotton, forage; oat, fodder, green; oat, grain; oat, straw; rye,
fodder, green; rye, grain; and rye, straw. The Agency believes that
sufficient time has passed for stocks to have been exhausted and for
treated commodities to have cleared channels of trade.
9. Chlorpyrifos. Because beans, lima, forage; beans, snap, forage;
sorghum milling fractions (sorghum flour is used exclusively in the
U.S. as a component for drywall, not as either a human or animal feed
item); bean, forage; and pea forage; are no longer considered to be
significant feed items, the tolerances are no longer needed. Therefore,
EPA is revoking the tolerances in 40 CFR 180.342(a)(1) for beans, lima,
forage; beans, snap, forage; and sorghum milling fractions and in
Sec. 180.342(a)(2) for bean, forage and pea forage.
Because there are currently no current registered uses for combined
residues of chlorpyrifos and its metabolite 3,5,6-trichloro-2-pyridinol
on dates, mushrooms, and seed and pod vegetables; and for residues of
chlorpyrifos on caneberries and sugarcane, EPA is revoking the
tolerances for mushrooms and seed and pod vegetables in 40 CFR
180.342(a)(1), caneberries and sugarcane in Sec. 180.342(a)(2), and
dates in Sec. 180.342(c)(1). EPA believes that sufficient time has
passed for stocks to have been exhausted and for treated commodities to
have cleared channels of trade.
In addition, the Agency is revising commodity terminology to
conform to current Agency practice as follows: In 40 CFR 180.342(a)(1)
``beans, snap'' to ``bean, snap, succulent;'' in 40 CFR 180.342(a)(2)
``sweet potato'' to ``sweet potato, roots;'' and in 40 CFR
180.342(c)(1) ``grapes'' to ``grape'' and ``leeks'' to ``leek.''
On June 21, 2002 (67 FR 42391)(FRL-7180-1), EPA published a final
rule in the Federal Register concerning tolerance nomenclature, which
revised the terminology of certain commodity terms listed under 40 CFR
part 180, subpart C in order to establish a uniform listing, including
the entries for ``sorghum, fodder'' to ``sorghum, grain, stover''; and
``sorghum, grain'' to ``sorghum, grain, grain.''
10. Cryolite. EPA is revoking tolerances in 40 CFR 180.145 for
residues of fluorine compounds cryolite and synthetic cryolite (sodium
aluminum fluoride) in or on beets, roots; radish, roots; rutabaga,
roots; and turnip, roots. The registrant(s) of cryolite requested
voluntary cancellation for use on beets, radishes, rutabagas, and
turnips. Rutabagas were removed from cryolite labels prior to 1988.
Beets were removed from cryolite labels in 1988. On September 25, 1996
a FIFRA section 6(f)(1) notice of receipt of a request to voluntarily
delete radish and turnip uses from cryolite registrations was published
in the Federal Register (61 FR 50294) (FRL-5394-2), with a use deletion
date of December 24, 1996. EPA believes that sufficient time has passed
for stocks to have been exhausted and for treated commodities to have
cleared channels of trade.
11. Disulfoton. On June 4, 1997, EPA published a notice in the
Federal Register (62 FR 30578) (FRL-5715-8) under section 6(f)(1) of
FIFRA announcing its receipt of requests for amendments to delete
disulfoton uses for pineapples, rice, and sugar beets. EPA approved the
request, effective December 1, 1997, and allowed the registrants to
sell or distribute products under the previously approved labeling for
18 months (June 1, 1999). More than two and one-half years has passed,
which the Agency believes to be sufficient time for exhaustion of those
stocks and for treated commodities to have cleared channels of trade.
Because no active registrations exist for use of disulfoton in or on
those commodities, the EPA is revoking the tolerances in 40 CFR
180.183(a)(1) for residues of disulfoton and its cholinesterase-
inhibiting metabolites in or on beets, sugar, roots; beets, sugar,
tops; pineapples; rice; and rice, straw; and the tolerances in
Sec. 180.183(a)(2) for residues of disulfoton, calculated as demeton,
in dehydrated sugar beet pulp and in pineapple bran.
The commodity ``bean, vines'' is no longer considered to be a
significant animal feed item and the tolerance is no longer needed.
Therefore, EPA is revoking the tolerance for bean, vines in 40 CFR
180.183.
On February 7, 2001, EPA published a notice in the Federal Register
(66 FR 9317)(FRL-6765-9) under section 6(f)(1) of FIFRA announcing its
receipt of requests for amendments to delete disulfoton uses for corn,
oats, and
[[Page 49611]]
pecans. EPA approved the request, effective March 9, 2001, and allowed
the registrants to sell or distribute product under the previously
approved labeling for 18 months (ending September 9, 2002). EPA
believes that those stocks should be exhausted within 12 months of that
date (September 9, 2003). Because no active registrations exist for the
use of disulfoton in or on those commodities, EPA is revoking the
tolerances in 40 CFR 180.183(a)(1) for the combined residues of
disulfoton and its cholinesterase-inhibiting metabolites, calculated as
demeton, in or on corn, field, fodder; corn, field, forage; corn,
grain; corn, pop; corn, pop, fodder; corn, pop, forage; corn, sweet,
fodder; corn, sweet, forage; corn, sweet, grain (K+CWHR); oats, fodder,
green; oats, grain; oats, straw; and pecans with an expiration,
revocation date of December 9, 2003. The Agency believes that this
revocation date permits users to exhaust stocks and allows sufficient
time for passage of treated commodities through the channels of trade.
In addition, EPA is revising commodity terminology in 40 CFR
180.183(a) to conform to current Agency practice as follows: ``beans,
dry'' to ``bean, dry, seed;'' ``beans, lima'' to ``bean, lima;''
``coffee beans'' to ``coffee, bean;'' ``corn, field, fodder'' to
``corn, field, stover;'' ``corn, pop, fodder'' to ``corn, pop,
stover;'' ``corn, sweet, fodder'' to ``corn, sweet, stover;''
``cottonseed'' to ``cotton, undelinted seed;'' ``hops'' to ``hop, dried
cones;'' ``oats, grain'' to ``oat, grain;'' ``oats, straw'' to ``oat,
straw;'' ``peas'' to ``pea;'' ``peas, vines'' to ``pea, field, vines;''
``pecans'' to ``pecan;'' ``peppers'' to ``pepper;'' ``potatoes'' to
``potato;'' ``sorghum, fodder'' to ``sorghum, grain, stover;''
``soybeans, forage'' to ``soybean, forage;'' ``soybeans, hay'' to
``soybean, hay;'' ``tomatoes'' to ``tomato;'' and ``wheat, fodder,
green'' to ''wheat, hay.`` Also in 180.183, EPA is revising ''corn,
grain'' to ``corn, field, grain;'' ``corn, pop'' to ``corn, pop,
grain;'' ``corn, sweet, grain (K+CWHR)'' to ``corn, sweet, kernel plus
cob with husks removed;'' ``oats, fodder, green`` to ``oat, hay;'' and
``sugarcane'' to ``sugarcane, cane.''
On June 21, 2002 (67 FR 42391)(FRL-7180-1), EPA published a final
rule in the Federal Register concerning tolerance nomenclature, which
revised the terminology of certain commodity terms listed under 40 CFR
part 180, subpart C in order to establish a uniform listing, including
the entries for ``peanuts'' to ``peanut;'' ``sorghum, grain'' to
``sorghum, grain, grain;'' and ``soybeans'' to ``soybean.''
12. Ethalfluralin. When EPA establishes tolerances for residues in
or on raw agricultural commodities, consideration must be given to the
possible residues of those pesticides in meat, milk, poultry, and/or
eggs produced by animals that are fed agricultural products (for
example, grain or hay) containing pesticide residues (40 CFR 180.6).
When considering this possibility, the EPA can conclude that (1) finite
residues will exist in meat, milk, poultry, and/or eggs; (2) there is a
reasonable expectation that finite residues will exist; or (3) there is
a reasonable expectation that finite residues will not exist. In 1994,
the ethalfluralin RED recommended revocation for egg, milk, fat, meat,
and meat byproduct tolerances based on animal metabolism data
(submitted since the time that the tolerances were originally
established) from which EPA concluded that there is no reasonable
expectation of finite residues for meat, fat, and meat byproduct
commodities and the associated tolerances are not required according to
40 CFR 180.6(a)(3). Those feeding studies used exaggerated amounts of
the pesticide and did not show measurable residues in animal tissues.
Therefore, the Agency is revoking the tolerances in 40 CFR 180.416 for
residues of ethalfluralin in or on goats, fat; goats, meat; and goats,
mbyp.
13. Ethoprop. EPA is revoking the tolerance for okra in 40 CFR
180.262(c). There is currently no registered use of ethoprop on okra.
EPA has not been able to identify a past registration of ethoprop for
use on okra since an regional tolerance was established in 1987 and
believes that the use was canceled years ago. Therefore, the Agency
believes that sufficient time has passed for stocks to have been
exhausted and for treated commodities to have cleared channels of
trade.
14. Fluvalinate. With the exception of honey, which is linked to
the active registration for use in/on beehives, there are no active
food-use registrations for the insecticide fluvalinate. The use of
fluvalinate on cotton was voluntarily canceled in 1991. Cotton had been
the only animal feed use for fluvalinate; therefore, the animal
commodity tolerances are no longer needed. EPA believes that sufficient
time has passed for exhaustion of those stocks and for treated
commodities to have cleared channels of trade. Therefore, EPA is
revoking the tolerances in 40 CFR 180.427(a) for residues of
fluvalinate in or on cattle, fat; cattle, mbyp; cattle, meat;
cottonseed; cottonseed hulls; cottonseed oil (crude and refined); eggs;
goat, fat; goat, mbyp; goat, meat; hogs, fat; hogs, mbyp; hogs, meat;
horses, fat; horses, mbyp; horses, meat; milk; poultry, fat; poultry,
mbyp; poultry, meat; sheep, fat; sheep, mbyp; and sheep, meat.
Also, a tolerance for coffee was established in 1989 based on a
FIFRA section 24(c) registration and use of fluvalinate on coffee was
restricted to Hawaii. In May 1990, the registration was canceled.
Therefore, the Agency is revoking the tolerance in 40 CFR 180.427(c)
for residues of fluvalinate in or on coffee.
15. Metribuzin. The Agency is revoking the tolerance in 40 CFR
180.332 for residues of metribuzin and its triazinone metabolites in or
on potato waste, processed (dried). Because potato waste, processed
(dried) is no longer considered a significant feed item, the tolerance
is no longer needed. The EPA had issued a RED for metribuzin, approved
on May 20, 1997, but the potato waste, processed (dried) tolerance was
since identified not to be a significant feed item.
16. Oxamyl. Because peanut, forage; pineapples, forage; and soybean
straw commodities are no longer considered to be significant feed
items, the associated tolerances are no longer needed. Therefore, EPA
is revoking the tolerances in 40 CFR 180.303 for the sum of the
residues of the insecticide oxamyl (methylN-N-dimethyl-N-
[(methylcarbamoyl)-oxy]-1-thiooxamimidate) and its oxime metabolite
N,N-dimethyl-N-hydroxy-1-thiooxamimidate calculated as oxamyl in or on
peanut, forage; pineapple, forage; and soybean straw.
17. Phorate. Because these commodities are no longer considered
significant livestock feed items and therefore the associated
tolerances are no longer needed, EPA is revoking the tolerances in 40
CFR 180.206 for combined residues of phorate and its cholinesterase-
inhibiting metabolites in or on bean, vines and peanut, vines.
Because current product labels do not allow feeding livestock with
peanut hay treated with phorate, the tolerance is no longer needed.
Therefore, the Agency is revoking the tolerance in 40 CFR 180.206 for
peanuts, hay. In addition, sufficient sugar beet processing data are
available that indicate phorate residues of concern do not concentrate
in dried sugar beet pulp. Therefore, that tolerance is no longer needed
and EPA is revoking the tolerance in 40 CFR 180.206 for beet, sugar,
dried pulp.
18. Phosalone. EPA is revoking the tolerance in 40 CFR 180.263 for
residues of phosalone in or on almond, hulls because that tolerance is
no longer needed. In 1986, 1987, and 1991,
[[Page 49612]]
registrations for phosalone use on almonds were canceled. There are no
U.S. registrations. While a tolerance for almonds exists for
importation purposes only, the tolerance for ``almond, hulls'' is not
needed for import purposes. Almond hulls are a livestock feed item and
are not imported, nor do countries with registered uses for phosalone
on almonds export significant quantities of livestock commodities to
the U.S.
19. Phosmet. EPA is revoking the tolerances in 40 CFR 180.261 for
the sum of the residues for N-(mercaptomethyl) phthalimide S-(O,O-
dimethyl phosphorodithioate) and its oxygen analog N-(mercaptomethyl)
phthalimide S-(O,O-dimethyl phosphorothioate) in or on corn, fresh
(inc. sweet K+CWHR); corn, fodder; corn, forage; and corn, grain
because no active registrations exist which cover those commodities.
Previously, on April 17, 1996 (61 FR 16779)(FRL-5360-5), EPA had
published a notice in the Federal Register under section 6(f)(1) of
FIFRA announcing its receipt of requests from the registrant to delete
certain product label uses, including the corn use for phosmet. EPA
approved the registrant's request for an amendment to delete the corn
use from its label effective July 16, 1996, and allowed the registrant
to sell and distribute affected existing stocks for 18 months; i.e.,
until January 16, 1998. EPA believes that end users have now had
sufficient time (more than 4 years) to exhaust those stocks and for
treated commodities to have cleared channels of trade.
20. Propiconazole. EPA is revoking the tolerance in 40 CFR 180.434
for grass, seed screenings because that commodity is no longer
considered a significant feed item and therefore the tolerance is no
longer needed. Also, because a tolerance for stonefruit group at 1.0
ppm already exists for the combined residues of propiconazole and its
metabolites determined as 2,4-dichlorobenzoic acid (expressed as parent
compound) in 40 CFR 180.434, the EPA believes that each of the
individual tolerances in Sec. 180.434 at 1.0 ppm for apricots,
nectarines, peaches, plums, and prunes, fresh are unnecessary
duplicates and therefore is removing them. The use of propiconazole on
those commodities will be covered by the remaining group tolerance. For
reassessment counting purposes, the Agency will not count removal of
those fruit tolerances as reassessments because the use will remain
covered by the existing ``stonefruit group'' tolerance. In addition,
the EPA is revising the commodity terminology for in 40 CFR 180.434 to
conform to current Agency practice as follows: ``grass, hay (straw)''
to ``grass, hay'' and ``grass, straw;''.
21. Tetrachlorvinphos. EPA is revoking tolerances in 40 CFR
180.252(a) for residues of tetrachlorvinphos in or on alfalfa and
sheep, fat. All registered uses of tetrachlorvinphos on food or feed
plant commodities, including alfalfa, were canceled in 1987. In June
1995, EPA had issued a RED for tetrachlorvinphos which recommended
revoking the tolerances for ``alfalfa'' and ``sheep, fat'' because
there were no registered uses associated with those commodities. On
August 27, 1997 (62 FR 45416) (FRL-5737-4), the EPA published the
registrant's request for voluntary cancellation for the remaining
tetrachlorvinphos product that could have had the sheep use. EPA
believes that end users have now had sufficient time to exhaust those
stocks and for treated commodities to have cleared channels of trade.
22. Thiram. EPA is revoking the tolerances in 40 CFR 180.132 for
celery, onions (dry bulb), tomatoes, and ``bananas (from preharvest and
postharvest application) of which not more than 1 part per million
shall be in the pulp after peel is removed and discarded.'' On November
6, 1996, the EPA published a notice in the Federal Register (61 FR
57419)(FRL-5570-5) under section 6(f)(1) of FIFRA announcing its
receipt of requests for amendments to delete certain uses, including
bananas, celery, onions (dry bulb), and tomatoes from the thiram
technical label, effective February 4, 1997. The Agency allowed a
period of 18 months for the registrant to sell or distribute product
under previously approved labeling. The Agency believes that end users
have had sufficient time to exhaust product under the previously
approved labeling and for treated commodities to have cleared channels
of trade. For tolerance reassessment counting purposes, the EPA will
count bananas as 2 tolerances (banana, with peel, pre- and post-harvest
at 7.0 ppm and banana, pulp at 1.0 ppm). In addition, the EPA is
revising commodity terminology in 40 CFR 180.132 to conform to current
Agency practice as follows: ``apples'' to ``apple,'' ``peaches'' to
``peach,'' and ``strawberries'' to ``strawberry.''
23. Tribufos. EPA is revoking the tolerance in 40 CFR 180.272 for
residues of tribufos (S,S,S-tributyl phosphorotrithioate) in or on
cottonseed hulls because the tolerance is no longer needed, based on a
cottonseed processing study, which showed that while residues of
tribufos in cottonseed had been present, no concentration of tribufos
residues occurred during normal processing procedures in cottonseed
meal, hulls, crude and refined oils.
B. What is the Agency's Authority for Taking this Action?
It is EPA's general practice to propose revocation of tolerances
for residues of pesticide active ingredients on crop uses for which
FIFRA registrations no longer exist. EPA has historically been
concerned that retention of tolerances that are not necessary to cover
residues in or on legally treated foods may encourage misuse of
pesticides within the United States. Nonetheless, EPA will establish
and maintain tolerances even when corresponding domestic uses are
canceled if the tolerances, which EPA refers to as ``import
tolerances,'' are necessary to allow importation into the United States
of food containing such pesticide residues. However, where there are no
imported commodities that require these import tolerances, the Agency
believes it is appropriate to revoke tolerances for unregistered
pesticides in order to prevent potential misuse.
C. When Do These Actions Become Effective?
EPA is revoking certain tolerances for disulfoton with an
expiration/revocation date of December 9, 2003. The Agency is revoking
most ethion tolerances with an expiration/revocation date of October 1,
2008. The Agency is also revoking fenthion tolerances for cattle with
an expiration/revocation date of April 1, 2006 and fenthion tolerances
for hogs and milk with an expiration/revocation date of April 1, 2003.
However, other actions (including any commodity terminology
revisions concerning tolerances for disulfoton, ethion, or fenthion, as
well as revocations and commodity terminology revisions concerning
tolerances for other pesticides mentioned in this final rule) become
effective 90 days following publication of this final rule in the
Federal Register. EPA has delayed the effectiveness of these
revocations for 90 days following publication of this final rule to
ensure that all affected parties receive notice of EPA's actions.
Consequently, for these other actions, the effective date is October
29, 2002. For this final rule, tolerances that were revoked because
registered uses did not exist concern uses which have been canceled for
many years. Therefore, commodities containing these pesticide residues
should have cleared the channels of trade.
[[Page 49613]]
Any commodities listed in the regulatory text of this document that
are treated with the pesticides subject to this final rule, and that
are in the channels of trade following the tolerance revocations, shall
be subject to FFDCA section 408(1)(5), as established by the FQPA.
Under this section, any residue of these pesticides in or on such food
shall not render the food 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. Evidence
to show that food was lawfully treated may include records that verify
the dates that the pesticide was applied to such food.
D. What is the Contribution to Tolerance Reassessment?
By law, EPA is required by August 2002 to reassess 66% or about
6,400 of the tolerances in existence on August 2, 1996. EPA is also
required to assess the remaining tolerances by August, 2006. As of July
17, 2002, EPA has reassessed over 5,680 tolerances. This final rule
revokes 140 tolerances, four of which were previously counted as
reassessed for cryolite during a registration decision action on
December 5, 1997 (62 FR 64294) (FRL-5756-5), three of which were
previously counted as reassessed for ethalfluralin during a
registration decision action on January 17, 2002 (67 FR 2333) (FRL-
6818-6), one of which was previously reassessed in the metribuzin RED
of 1997, and two tolerances were previously counted as reassessed for
disulfoton in a notice published on May 22, 2002 (67 FR 35991)(FRL-
7178-9). Of the 140 tolerance revocations, 130 tolerances are
considered reassessed in this final rule. Additionally, EPA considered
six goat and sheep tolerances at 0 ppm for amitraz to be reassessed.
Therefore, a total of 136 tolerance reassessments count toward the
August, 2002 review deadline of FFDCA section 408(q), as amended by
FQPA in 1996. However, the Agency does not consider the removal of 5
propiconazole and 2 pirimiphos-methyl tolerances as reassessments and
they are not counted as such in this final rule.
III. Are There Any International Trade Issues Raised by this Final
Action?
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. When possible, EPA seeks
to harmonize U.S. tolerances with Codex MRLs. EPA may establish a
tolerance that is different from a Codex MRL; however, FFDCA section
408(b)(4) requires that EPA explain in a Federal Register document the
reasons for departing from the Codex level. EPA's effort to harmonize
with Codex MRLs is summarized in the tolerance reassessment section of
individual REDs. 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. Objections and Hearing Requests
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-2002-0155 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 September
30, 2002.
1. Filing the request. Your objection must specify the specific
provisions in the regulation that you object to, and the grounds for
the objections (40 CFR 178.25). If a hearing is requested, the
objections must include a statement of the factual issues(s) on which a
hearing is requested, the requestor's contentions on such issues, and a
summary of any evidence relied upon by the objector (40 CFR 178.27).
Information submitted in connection with an objection or hearing
request may be claimed confidential by marking any part or all of that
information as CBI. Information so marked will not be disclosed except
in accordance with procedures set forth in 40 CFR part 2. A copy of the
information that does not contain CBI must be submitted for inclusion
in the public record. Information not marked confidential may be
disclosed publicly by EPA without prior notice.
Mail your written request to: Office of the Hearing Clerk (1900),
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460. You may also deliver your request to the Office
of the Hearing Clerk in Rm. C400, Waterside Mall, 401 M St., SW.,
Washington, DC 20460. The Office of the Hearing Clerk is open from 8
a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The
telephone number for the Office of the Hearing Clerk is (202) 260-4865.
2. Objection/hearing 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.
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 IV.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 ID number OPP-2002-0155, 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
[[Page 49614]]
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 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).
V. Regulatory Assessment Requirements
This final rule will revoke 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). Because this final rule has been exempted from review
under Executive Order 12866 due to its lack of significance, this final
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 as required by Executive
Order 12898, entitled Federal Actions to Address Environmental Justice
in Minority Populations and Low-Income Populations (59 FR 7629,
February 16, 1994); or 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). Pursuant to the Regulatory Flexibility Act (RFA) (5 U.S.C. 601
et seq.), the Agency previously assessed whether revocations of
tolerances 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 revocations that would change EPA's previous analysis.
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.
VI. 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.
[[Page 49615]]
Dated: July 22, 2002.
Marcia E. Mulkey,
Director, Office of Pesticide Programs.
Therefore, 40 CFR part 180 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. 180.108 [Amended]
2. Section 180.108 is amended by removing the entries for ``Grass
(pasture and range)'' and ``Grass hay'' from the table in paragraph
(a)(1).
3. Section 180.132 is revised to read as follows:
Sec. 180.132 Thiram; tolerances for residues.
(a) General. Tolerances for residues of the fungicide thiram
(tetramethyl thiuram disulfide) in or on raw agricultural commodities
are established as follows:
------------------------------------------------------------------------
Commodity Parts per million
------------------------------------------------------------------------
Apple................................................ 7.0
Peach................................................ 7.0
Strawberry........................................... 7.0
------------------------------------------------------------------------
(b) Section 18 emergency exemptions. [Reserved]
(c) Tolerances with regional registrations. [Reserved]
(d) Indirect or inadvertent residues. [Reserved]
Sec. 180.145 [Amended]
4. Section 180.145 is amended by removing the entries for ``Beet,
roots''; ``Radish, roots''; ``Rutabaga, roots''; and ``Turnip, roots''
from the table in paragraph (a)(1).
Sec. 180.169 [Amended]
5. Section 180.169 is amended by removing the entries for ``Barley,
grain''; ``Barley, green fodder''; ``Barley, straw''; ``Cotton,
forage''; ``Oat, fodder, green''; ``Oat, grain''; ``Oat, straw'';
``Rye, fodder, green''; ``Rye, grain''; and ``Rye, straw'' from the
table in paragraph (a)(1).
6. Section 180.173 is amended by revising the table in paragraph
(a) to read as follows:
Sec. 180.173 Ethion; tolerances for residues.
(a) General. * * *
------------------------------------------------------------------------
Expiration/Revocation
Commodity Parts per million Date
------------------------------------------------------------------------
Cattle, fat................. 2.5 None
Cattle, meat (fat basis).... 2.5 None
Cattle, meat byproducts..... 1.0 None
Citrus, dried pulp.......... 10.0 10/1/08
Fruit, citrus............... 2.0 10/1/08
Goat, fat................... 0.2 10/1/08
Goat, meat.................. 0.2 10/1/08
Goat, meat byproducts....... 0.2 10/1/08
Hog, fat.................... 0.2 10/1/08
Hog, meat................... 0.2 10/1/08
Hog, meat byproducts........ 0.2 10/1/08
Horse, fat.................. 0.2 10/1/08
Horse, meat................. 0.2 10/1/08
Horse, meat byproducts]..... 0.2 10/1/08
Milk fat (reflecting (N) 0.5 None
residues in milk)..........
Sheep, fat.................. 0.2 10/1/08
Sheep, meat................. 0.2 10/1/08
Sheep, meat byproducts...... 0.2 10/1/08
------------------------------------------------------------------------
* * * * *
7. Section 180.183 is amended by revising paragraph (a) to read as
follows:
Sec. 180.183 [O,O-Diethyl S-[2-(ethylthio)ethyl]
phosphorodithioate;
tolerances for residues.
(a) General. Tolerances are established for the combined residues
of the insecticide O,O-diethyl S-[2-(ethylthio)ethyl]
phosphorodithioate and its cholinesterase-inhibiting metabolites,
calculated as demeton, in or on the following raw agricultural
commodities:
------------------------------------------------------------------------
Expiration/Revocation
Commodity Parts per million Date
------------------------------------------------------------------------
Barley, grain............... 0.75 None
Barley, straw............... 5.0 None
Bean, dry, seed............. 0.75 None
Bean, lima.................. 0.75 None
Bean, snap.................. 0.75 None
Broccoli.................... 0.75 None
Brussels sprouts............ 0.75 None
Cabbage..................... 0.75 None
Cauliflower................. 0.75 None
Coffee, bean................ 0.3 None
Corn, field, forage......... 5.0 12/9/03
Corn, field, grain.......... 0.3 12/9/03
Corn, field, stover......... 5.0 12/9/03
Corn, pop, forage........... 5.0 12/9/03
Corn, pop, grain............ 0.3 12/9/03
Corn, pop, stover........... 5.0 12/9/03
Corn, sweet, forage......... 5.0 12/9/03
Corn, sweet, kernel plus cob 0.3 12/9/03
with husks removed.........
[[Page 49616]]
Corn, sweet, stover......... 5.0 12/9/03
Cotton, undelinted seed..... 0.75 None
Hop, dried cones............ 0.5 None
Lettuce..................... 0.75 None
Oat, grain.................. 0.75 12/9/03
Oat, hay.................... 5.0 12/9/03
Oat, straw.................. 5.0 12/9/03
Peanut...................... 0.75 None
Pea......................... 0.75 None
Pea, field, vines........... 5.0 None
Pecan....................... 0.75 12/9/03
Pepper...................... 0.1 None
Potato...................... 0.75 None
Sorghum, forage............. 5.0 None
Sorghum, grain, grain....... 0.75 None
Sorghum, grain, stover...... 5.0 None
Soybean..................... 0.1 None
Soybean, forage............. 0.25 None
Soybean, hay................ 0.25 None
Spinach..................... 0.75 None
Sugarcane, cane............. 0.3 None
Tomato...................... 0.75 None
Wheat, hay.................. 5.0 None
Wheat, grain................ 0.3 None
Wheat, straw................ 5.0 None
------------------------------------------------------------------------
* * * * *
Sec. 180.206 [Amended]
8. Section 180.206 is amended by removing the entries for ``Bean,
vines''; ``Beet, sugar, dried pulp''; ``Peanut, hay''; and ``Peanut,
vines''; from the table in paragraph (a).
9. Section 180.214 is amended by revising the table in paragraph
(a) to read as follows:
Sec. 180.214 Fenthion; tolerances for residues.
(a) General. * * *
------------------------------------------------------------------------
Expiration/Revocation
Commodity Parts per million Date
------------------------------------------------------------------------
Cattle, fat................. 0.1 4/1/06
Cattle, meat................ 0.1 4/1/06
Cattle, meat byproducts..... 0.1 4/1/06
Hog, fat.................... 0.1 4/1/03
Hog, meat................... 0.1 4/1/03
Hog, meat byproducts........ 0.1 4/1/03
Milk........................ 0.01 4/1/03
------------------------------------------------------------------------
* * * * *
Sec. 180.252 [Amended]
10. Section 180.252 is amended by removing from the table in
paragraph (a)(1) the entries for ``Alfalfa'' and ``Sheep, fat.''
Sec. 180.261 [Amended]
11. Section 180.261 is amended by removing from the table in
paragraph (a) the entries for ``Corn, fresh (inc. sweet K+CWHR)'';
``Corn, fodder''; ``Corn, forage''; and ``Corn, grain.''
12. Section 180.262 is amended by removing the text of paragraph
(c) and reserving paragraph (c) with a heading, to read as follows:
Sec. 180.262 Ethoprop; tolerances for residues.
* * * * *
(c) Tolerances with regional registrations. [Reserved]
* * * * *
Sec. 180.263 [Amended]
13. Section 180.263 is amended by removing the entry for ``Almond,
hulls'' from the table.
Sec. 180.272 [Amended]
14. Section 180.272 is amended by removing from the table in
paragraph (a) the entry for ``Cotton, hulls.''
15. Section 180.287 is amended as follows:
i. By redesignating the existing text as paragraph (a) and adding a
heading.
ii. By removing the entries from table in newly designated
paragraph (a) for ``Apple''; ``Beeswax''; ``Hop, dried cone''; ``Horse,
fat''; ``Horse, meat byproducts''; and ``Horse, meat.''
iii. By alphabetically adding entries for ``Honeycomb'' and ``Hop,
dried cones'' to the table in newly designated paragraph (a).
iv. By adding and reserving with headings paragraphs (b), (c), and
(d).
Sec. 180.287 Amitraz; tolerances for residues.
(a) General. * * *
------------------------------------------------------------------------
Commodity Parts per million
------------------------------------------------------------------------
* * * * *
Honeycomb............................................ 6.0
Hop, dried cones..................................... 60.0
* * * * *
------------------------------------------------------------------------
(b) Section 18 emergency exemptions. [Reserved]
(c) Tolerances with regional registrations. [Reserved]
(d) Indirect or inadvertent residues. [Reserved]
[[Page 49617]]
Sec. 180.303 [Amended]
16. Section 180.303 is amended by removing from the table in
paragraph (a)(1) the entries for ``Peanut, forage''; ``Pineapple,
forage''; and ``Soybean straw.''
17. Section 180.315 is amended by revising the table in paragraph
(a) to read as follows:
Sec. 180.315 Methamidophos; tolerances for residues.
(a) General. * * *
------------------------------------------------------------------------
Commodity Parts per million
------------------------------------------------------------------------
Broccoli.................................. 1.0
Brussels sprouts.......................... 1.0
Cabbage................................... 1.0
Cauliflower............................... 1.0
Cotton, undelinted seed................... 0.1
Cucumber.................................. 1.0
Eggplant.................................. 1.0
Lettuce................................... 1.0
Melon..................................... 0.5
Pepper.................................... 1.0
Potato.................................... 0.1
Tomato.................................... 1.0
------------------------------------------------------------------------
* * * * *
Sec. 180.332 [Amended]
18. Section 180.332 is amended by removing from the table in
paragraph (a) the entry for ``Potato waste, processed (dried).''
19. Section 180.342 is amended as follows:
i. By removing the entries for ``Bean, lima, forage''; ``Bean,
snap, forage''; ``Mushroom''; ``Seed and pod vegetables'' and ``Sorghum
milling fractions'' from the table in paragraph (a)(1).
ii. By changing ``Bean, snap'' to ``Bean, snap, succulent'';
``Sorghum, fodder'' to ``Sorghum, grain, stover''; and ``Sorghum,
grain'' to ``Sorghum, grain, grain''; in the table in paragraph (a)(1).
iii. By removing the entries for ``Bean, forage''; ``Caneberries'';
``Pea forage''; and ``Sugarcane'' from the table in paragraph (a)(2).
iv. By changing ``Sweet potato'' to ``Sweet potato, roots'' in the
table in paragraph (a)(2).
v. By revising paragraph (c)(1).
The section, as amended, reads as follows:
Sec. 180.342 Chlorpyrifos; tolerances for residues.
* * * * *
(c) Tolerances with regional registrations. (1) Tolerances with
regional registration, as defined in Sec. 180.1(n), are established for
the combined residues of chlorpyrifos and its metabolite 3,5,6-
trichloro-2-pyridinol in or on the following food commodities:
------------------------------------------------------------------------
Commodity Parts per million
------------------------------------------------------------------------
Asparagus................................. 5.0
Grape..................................... 0.5
Leek (of which no more than 0.2 ppm is 0.5
chlorpyrifos)............................
------------------------------------------------------------------------
* * * * *
Sec. 180.404 [Amended]
20. Section 180.404 is amended by removing the entries for
``Cotton, hulls''; ``Hog, fat''; ``Hog, meat byproducts''; and ``Hog,
meat'' from the table in paragraph (a).
21. Section 180.409 is amended by revising the table in paragraph
(a)(1); removing paragraph (a)(2); and redesignating paragraph (a)(3)
as paragraph (a)(2) to read as follows:
Sec. 180.409 Pirimiphos-methyl; tolerances for residues.
(a) General. (1) * * *
------------------------------------------------------------------------
Commodity Parts per million
------------------------------------------------------------------------
Cattle, fat............................... 0.2
Cattle, kidney............................ 2.0
Cattle, liver............................. 2.0
Cattle, meat.............................. 0.2
Cattle, meat byproducts................... 0.2
Corn...................................... 8.0
Goat, fat................................. 0.2
Goat, kidney.............................. 2.0
Goat, liver............................... 2.0
Goat, meat byproducts..................... 0.2
Hog, fat.................................. 0.2
Hog, kidney............................... 2.0
Hog, liver................................ 2.0
Hog, meat byproducts...................... 0.2
Horse, fat................................ 0.2
Horse, kidney............................. 2.0
Horse, liver.............................. 2.0
Horse, meat byproducts.................... 0.2
Kiwifruit................................. 5.0
Poultry, fat.............................. 0.2
Sheep, fat................................ 0.2
Sheep, kidney............................. 2.0
Sheep, liver.............................. 2.0
Sheep, meat byproducts.................... 0.2
Sorghum, grain, grain..................... 8.0
------------------------------------------------------------------------
* * * * *
Sec. 180.416 [Amended]
22. Section 180.416 is amended by removing the entries for ``Goat,
fat''; ``Goat, meat''; and ``Goat, meat byproducts'' from the table in
paragraph (a).
23. Section 180.427 is amended by revising the table in paragraph
(a); removing the text in paragraph (c); and reserving paragraph (c)
with a heading to read as follows:
Sec. 180.427 Fluvalinate; tolerances for residues.
(a) General. * * *
------------------------------------------------------------------------
Commodity Parts per million
------------------------------------------------------------------------
Honey..................................... 0.05
------------------------------------------------------------------------
* * * * *
(c) Tolerances with regional registrations. [Reserved]
* * * * *
Sec. 180.434 [Amended]
24. Section 180.434 is amended by revising the table in paragraph
(a) as follows:
i. By removing the entries for ``Apricot,'' ``Grass, seed
screenings,'' ``Nectarine,'' ``Peach,'' ``Plum,'' and ``Plum, prune,
fresh.''
ii. By changing ``Grass, hay (straw)'' to ``Grass, hay'' and
``Grass, straw;''.
[FR Doc. 02-19104 Filed 7-30-02; 8:45 am]
BILLING CODE 6560-50-S