Bifenthrin; Carfentrazone-ethyl; Diflubenzuron; Indoxacarb; Sulfentrazone. May 24, 2004. Extension of tolerances for emergency exemptions. Final Rule. Federal Register.

FLUORIDE ACTION NETWORK PESTICIDE PROJECT

Return to Index Pages
Bifenthrin, Carfentrazone-ethyl, Diflubenzuron, Indoxacarb, Sulfentrazone

Bifenthrin, Carfentrazone-ethyl, Diflubenzuron, Indoxacarb, Sulfentrazone
Extension of Tolerances for Emergency Exemptions. FINAL RULE.
May 24, 2004. Federal Register.

http://www.epa.gov/fedrgstr/EPA-PEST/2004/May/Day-24/p11673.htm

[Federal Register: May 24, 2004 (Volume 69, Number 100)]
[Rules and Regulations]
[Page 29454-29459]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24my04-12]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[OPP-2004-0136; FRL-7358-7]

Extension of Tolerances for Emergency Exemptions (Multiple Chemicals)
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This regulation extends time-limited tolerances for the
pesticides listed in Unit II. of the SUPPLEMENTARY INFORMATION. These
actions are in response to EPA's granting of emergency exemptions under
section 18 of the Federal Insecticide, Fungicide, and Rodenticide Act
(FIFRA) authorizing use of these pesticides. Section 408(l)(6) of the
Federal Food, Drug, and Cosmetic Act (FFDCA) requires EPA to establish
a time-limited tolerance or exemption from the requirement for a
tolerance for 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 May 24, 2004. Objections and
requests for hearings must be received on or before July 23, 2004.
ADDRESSES: To submit a written objection or hearing request follow the
detailed instructions as provided in Unit III. of the SUPPLEMENTARY
INFORMATION. EPA has established a docket for this action under Docket
ID number OPP-2004-0136. All documents in the docket are listed in the
EDOCKET index at http://www.epa.gov/edocket. Although listed in the
index, some information is not publicly available, i.e., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the Internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available either electronically in
EDOCKET or in hard copy at the Public Information and Records Integrity
Branch (PIRIB), Rm. 119, Crystal Mall #2, 1921 Jefferson Davis
Hwy., Arlington, VA. This docket facility is open from 8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays. The docket
telephone number is (703) 305-5805.
FOR FURTHER INFORMATION CONTACT: See the table in this unit for the
name of a specific contact person. The following information applies to
all contact persons: Emergency Response Team, Registration Division
(7505C), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001.
------------------------------------------------------------------------
Contact person Pesticide/CFR cite
------------------------------------------------------------------------
Barbara Madden, madden.barbara@epa.gov Carfentrazone-ethyl; 180.515
(703) 305-6463 Coumaphos; 180.189
Dimethenamid; 180.464
------------------------------------------
Linda Arrington, arrington.linda@epa.gov Diflubenzuron; 180.377
(703) 305-6249
------------------------------------------
Stacey Groce, groce.stacey@epa.gov (703) Mancozeb; 180.176
305-2505 Myclobutanil; 180.443
------------------------------------------
Andrew Ertman, ertman.andrew@epa.gov S-metolachlor; 180.368
(703) 308-9367 Sulfentrazone; 180.498
------------------------------------------
Andrea Conrath, conrath.andrea@epa.gov Bifenthrin; 180.442
(703) 308-9356 Fenbuconazole; 180.480
Indoxacarb; 180.564
Pyriproxyfen; 180.510
Thiabendazole; 180.242
Thiophanate Methyl; 180.371
------------------------------------------------------------------------SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this Action Apply to Me?
You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
Potentially affected entities may include, but are not limited to:
• Crop production (NAICS 111)
• Animal production (NAICS 112)
• Food manufacturing (NAICS 311)
• Pesticide manufacturing (NAICS 32532)
This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. If you have any
questions regarding the applicability of this action to a particular
entity, consult the person listed under FOR FURTHER INFORMATION CONTACT.
[[Page 29455]]
B. How Can I Access Electronic Copies of this Document and Other
Related Information?
In addition to using EDOCKET (http://www.epa.gov/edocket/), you may
access this Federal Register document electronically through the EPA
Internet under the ``Federal Register'' listings at http://www.epa.gov/
fedrgstr/. A frequently updated electronic version of 40 CFR part 180
is available at E-CFR Beta Site Two at http://www.gpoaccess.gov/ecfr/.II. Background and Statutory Findings
EPA published final rules in the Federal Register for each
chemical/commodity listed. The initial issuance of these final rules
announced that EPA, on its own initiative, under section 408 of the
FFDCA, 21 U.S.C. 346a, as amended by the Food Quality Protection Act of
1996 (FQPA) (Public Law 104-170) was establishing time-limited
tolerances.
EPA established the tolerances because section 408(l)(6) of the
FFDCA requires EPA to establish a time-limited tolerance or exemption
from the requirement for a tolerance for pesticide chemical residues in
food that will result from the use of a pesticide under an emergency
exemption granted by EPA under FIFRA section 18. Such tolerances can be
established without providing notice or time for public comment.
EPA received requests to extend the use of these chemicals for this
year's growing season. After having reviewed these submissions, EPA
concurs that emergency conditions exist. EPA assessed the potential
risks presented by residues for each chemical/commodity. In doing so,
EPA considered the safety standard in section 408(b)(2) of the FFDCA,
and decided that the necessary tolerance under section 408(l)(6) of the
FFDCA would be consistent with the safety standard and with FIFRA
section 18.
The data and other relevant material have been evaluated and
discussed in the final rule originally published to support these uses.
Based on that data and information considered, the Agency reaffirms
that extension of these time-limited tolerances will continue to meet
the requirements of section 408(l)(6) of the FFDCA. Therefore, the
time-limited tolerances are extended until the date listed. EPA will
publish a document in the Federal Register to remove the revoked
tolerances from the Code of Federal Regulations (CFR). Although these
tolerances will expire and are revoked on the date listed, under
section 408(l)(5) of the FFDCA, residues of the pesticide not in excess
of the amounts specified in the tolerance remaining in or on the
commodity after that date will not be unlawful, provided the residue is
present as a result of an application or use of a pesticide at a time
and in a manner that was lawful under FIFRA, the tolerance was in place
at the time of the application, and the residue does not exceed the
level that was authorized by the tolerance. EPA will take action to
revoke these tolerances earlier if any experience with, scientific data
on, or other relevant information on this pesticide indicate that the
residues are not safe.

Tolerances for the use of the following pesticide chemicals on
specific commodities are being extended:

1. Bifenthrin. EPA has authorized under FIFRA section 18 the use of
bifenthrin on orchardgrass,forage and orchardgrass, hay for control of
orchardgrass billbug in Oregon. This regulation extends time-limited
tolerances for residues of the insecticide bifenthrin [(2-methyl [1,1'-
biphenyl]-3-yl) methyl-3-(2-chloro-3,3,3-trifluoro-1-propenyl)-2,2-
dimethylcyclopropane carboxylate] in or on orchardgrass, forage and
orchardgrass, hay at 0.05 ppm for an additional 3-year period. These
tolerances will expire and are revoked on June 30, 2007. Time-limited
tolerances were originally published in the Federal Register of July
26, 2002 (67 FR 48790) (FRL-7187-8) (40 CFR 180.442).

2. Carfentrazone-ethyl. EPA has authorized under FIFRA section 18
the use of carfentrazone-ethyl on fruiting vegetables group 8 for
control of paraquat resistant nightshade, common groundsel and
morningglory in Florida. This regulation extends a time-limited
tolerance for combined residues of the herbicide carfentrazone-ethyl
(ethyl-alpha-2-dichloro-5-[-4-(difluoromethyl)-4,5-dihydro-3-methyl-5-
oxo-1H-1,2,4-triazol-1-yl]-4-fluorobenzene propanoate) and its
metabolite: carfentrazone-chloropropionic acid (alpha, 2-dichloro-5-[-
4-difluoromethyl)-4,5-dihydro-3-methyl-5-oxo-1H-1,2,4-triazol-1-yl]-4-
fluorobenzenepropanoic acid) in or on tomato, paste at 0.60 ppm;
tomato, puree at 0.60 ppm and the vegetable, fruiting, group 8 at 0.10
ppm for an additional 3-year period. These tolerances will expire and
are revoked on June 30, 2007. Time-limited tolerance were originally
published in the Federal Register of June 12, 2002 (67 FR 40203) (FRL-
7178-1) (40 CFR 180.515).

3. Coumaphos. EPA has authorized under FIFRA section 18 the use of
coumaphos in beehives for control of varroa mites and small hive
beetles in Arizona, Florida, Idaho, Kansas, Oregon, and Washington.
This regulation extends time-limited tolerances for combined residues
of the acaricide/insecticide coumaphos (O,O-diethyl O-3-chloro-4-
methyl-2-oxo-2H-1-benzopyran-7-yl phosphorothioate) and its oxygen
analog, coumaphoxon (O,O-diethyl O-3-chloro-4-methyl-2-oxo-2H-1-
benzopyran-7-yl phosphate in or on honey at 0.1 ppm and honeycomb at
100 ppm for an additional 3-year period. These tolerances will expire
and are revoked on December 31, 2007. Time-limited tolerances were
originally published in the Federal Register of August 16, 2000 (65 FR
49927) (FRL-6738-3) (40 CFR 180.189).

4. Diflubenzuron. EPA has authorized under FIFRA section 18 the use
of diflubenzuron on alfalfa hay and forage for control of grasshoppers
and Mormon crickets in Idaho, Nevada, and Utah. This regulation extends
a time-limited tolerance for residues of the insecticide diflubenzuron
and its metabolites PCA (p-chloroaniline) and CPU (p-chlorophenylurea),
expressed as the parent diflubenzuron in or on alfalfa hay and alfalfa
forage at 6.0 ppm for an additional 3-year period. These tolerances
will expire and are revoked on June 30, 2007. Time-limited tolerances
were originally published in the Federal Register of September 20, 2002
(67 FR 59177) (FRL-7273-7) (40 CFR 180.377).
EPA has received objections to a tolerance it established for
diflubenzuron on a specific food commodity. The objections were filed
by the Natural Resources Defense Council (NRDC) and raised several
issues regarding aggregate exposure estimates and the additional safety
factor for the protection of infants and children. EPA has considered
whether it is appropriate to extend these emergency exemption
tolerances for diflubenzuron while the objections are still pending.
Factors taken into account by EPA included how close the Agency is
to concluding the proceedings on the objections, the nature of the
current action, whether NRDC's objections raised frivolous issues, and
extent to which the issues raised by NRDC had already been considered
by EPA. Although NRDC's objections are not frivolous, the other factors
all support establishing this tolerance at this time. First, the
objections proceeding is unlikely to conclude prior to when action is
necessary on this petition. NRDC's objections raise complex legal,
scientific, policy, and factual matters. EPA has published a notice
describing the nature of the NRDC's objections in
[[Page 29456]]
more detail. This notice offered an opportunity for the public to
comment on this matter and published in the Federal Register of June
19, 2002 (67 FR 41628) (FRL-7167-7). EPA is now examining the extensive
comments received. Second, the nature of the current action is
extremely time-sensitive and addresses an emergency situation. Third,
the issues raised by NRDC are not new matters but questions that have
been the subject of considerable study by EPA and comment by stakeholders.

5. Dimethenamid. EPA has authorized under FIFRA section 18 the use
of dimethenamid on dry bulb onions for control of weeds in New York and
Michigan. This regulation extends a time-limited tolerance for residues
of the herbicide dimethenamid, 2-chloro-N-[(1-methyl-2-methoxy)ethyl]-
N-(2,4-dimethylthien-3-yl)-acetamide in or on dry bulb onions at 0.01
ppm for an additional 3-year period. This tolerance will expire and is
revoked on December 31, 2007. A time-limited tolerance was originally
published in the Federal Register of August 24, 2000 (65 FR 51544)
(FRL-6738-1) (40 CFR 180.464).

6. Dimethenamid. EPA has authorized under FIFRA section 18 the use
of dimethenamid on sugar beets for control of weeds in Idaho and
Oregon. This regulation extends a time-limited tolerance for residues
of the herbicide dimethenamid, 2-chloro-N-[(1-methyl-2-methoxy)ethyl]-
N-(2,4-dimethylthien-3-yl)-acetamide in or on sugar beet and sugar beet
tops at 0.01 ppm and on sugar beet dried pulp and sugar beet molasses
at 0.05 ppm for an additional 3-year period. These tolerances will
expire and are revoked on December 31, 2007. Time-limited tolerances
were originally published in the Federal Register of August 24, 2000
(65 FR 51544) (FRL-6738-1) (40 CFR 180.464).

7. Fenbuconazole. EPA has authorized under FIFRA section 18 the use
of fenbuconazole on blueberry for control of mummyberry disease in
Arkansas, Connecticut, Georgia, Indiana, Maine, Massachusetts,
Michigan, New Jersey, New York, North Carolina, Oregon, Rhode Island,
South Carolina, and Washington. This regulation extends a time-limited
tolerance for residues of the fungicide fenbuconazole and its
metabolites in or on blueberry at 1.0 ppm for an additional 3-year
period. This tolerance will expire and is revoked on December 31, 2007.
A time-limited tolerance was originally published in the Federal
Register of June 10, 1998 (63 FR 31633) (FRL-5791-5) (40 CFR 180.480).

8. Indoxacarb. EPA has authorized under FIFRA section 18 the use of
indoxacarb on cranberry for control of weevils in Massachusetts. This
regulation extends a time-limited tolerance for combined residues of
the insecticide indoxacarb, [(S)-methyl 7-chloro-2,5-dihydro-2-
[[(methoxycarbonyl) [4-(trifluoromethoxy)phenyl]
amino]carbonyl]indeno[1,2-e][1,3,4]oxadiazine-4a(3H)-carboxylate]
and its R-enantiomer [(R)-methyl 7-chloro-2,5-dihydro-2-
[[(methoxycarbonyl)[4-(trifluoromethoxy)phenyl]
amino]carbonyl]indeno[1,2-e][1,3,4]oxadiazine-4a(3H)-carboxylate]
in or on cranberry at 0.5 ppm for an additional 3-year period. This tolerance
will expire and is revoked on December 31, 2007. A time-limited
tolerance was originally published in the Federal Register of September
18, 2002 (67 FR 58725) (FRL-7274-9) (40 CFR 180.564).

9. Mancozeb. EPA has authorized under FIFRA section 18 the use of
mancozeb on ginseng for control of Alterneria stem and leaf blight, and
Phytophthora leaf blight in Michigan, Wisconsin, Oregon, and
Washington. This regulation extends a time-limited tolerance for
combined residues of the fungicide mancozeb, calculated as zinc
ethylenebisdithiocarbamate, and its metabolite ethylenethiourea (ETU)
in or on ginseng at 2.0 ppm for an additional 2-year period. This
tolerance will expire and is revoked on December 31, 2006. A time-
limited tolerance was originally published in the Federal Register of
October 9, 1998 (63 FR 54362) (FRL-6029-5) (40 CFR 180.176).

10. Myclobutanil. EPA has authorized under FIFRA section 18 the use
of myclobutanil on sugar beets for control of powdery mildew in Idaho
and Oregon. This regulation extends a time-limited tolerance for
combined residues of the fungicide myclobutanil alpha-butyl-alpha-(4-
chlorophenyl)-1H-1,2,4-triazole-1-propanenitrile and its alcohol
metabolite alpha-(3-hydroxybutyl)-alpha-(4-chlorophenyl)-1H-1,2,4-
triazole-1-propanenitrile (free and bound) in or on dried pulp of sugar
beets at 1.0 ppm, sugar beet molasses at 1.0 ppm, refined sugar from
sugar beets at 0.70 ppm, sugar beet roots at 0.05 ppm, and sugar beet
tops at 1.0 ppm for an additional 3-year period. These tolerances will
expire and are revoked on December 31, 2007. A time-limited tolerance
was originally published in the Federal Register of January 3, 2001 (66
FR 298 (FRL-6757-9) (40 CFR 180.443).

11. Pyriproxyfen. EPA has authorized under FIFRA section 18 the use
of pyriproxyfen on strawberry for control of whiteflies in Calilfornia.
This regulation extends a time-limited tolerance for residues of the
insecticide pyriproxyfen, 2-[1-methyl-2-(4-phenoxyphenoxy)
ethoxypyridine]
in or on strawberry at 0.3 ppm for an additional 3-year
period. This tolerance will expire and is revoked on December 31, 2007.
A time-limited tolerance was originally published in the Federal
Register of November 29, 2002 (67 FR 71105) (FRL-7281-2) (40 CFR 180.510).

12. S-metolachlor. EPA has authorized under FIFRA section 18 the
use of s-metolachlor on sweet potatoes for control of sedge weeds in
Louisiana. This regulation extends a time-limited tolerance for the
combined residues (free and bound) of the herbicide s-metolachlor [(S)-
2-chloro-N-(2-ethyl-6-methylphenyl)-N-(2-methoxy-1-
methylethyl)acetamide], its R-enantiomer and its metabolites,
determined as the derivatives, 2-[(2-ethyl-6-methylphenyl)amino]-1-
propanol and 4-(2-ethyl-6-methylphenyl)-2-hydroxy-5-methyl-3-
morpholinone, each expressed as the parent compound in or on sweet
potatoes at 0.2 ppm for an additional 3-year period. This tolerance
will expire and is revoked on December 31, 2007. A time-limited
tolerance was originally published in the Federal Register of January
3, 2003 (68 FR 274) (FRL-7283-2) (40 CFR 180.368).

13. Sulfentrazone. EPA has authorized under FIFRA section 18 the
use of sulfentrazone on flax for control of kochia and ALS-resistant
kochia in North Dakota and South Dakota. This regulation extends a
time-limited tolerance for combined residues of sulfentrazone, N-[2,4-
dichloro-5-[4-(difluoromethyl)-4,5-dihydro-3-methyl-5-oxo-1H-1,2,4-
triazol-1-yl]phenyl]methanesulfonamide, and its metabolites 3-
hydroxymethyl sulfentrazone (HMS) and 3-desmethyl sulfentrazone (DMS)
in or on flax seed at 0.20 ppm for an additional 3-year period. This
tolerance will expire and is revoked on December 31, 2007. A time-
limited tolerance was originally published in the Federal Register of
August 21, 2002 (67 FR 54111) (FRL-7191-5) (40 CFR 180.498).

14. Sulfentrazone. EPA has authorized under FIFRA section 18 the
use of sulfentrazone on strawberries for control of broadleaf weeds in
Washington, Oregon, Wisconsin and Michigan. This regulation extends a
time-limited tolerance for combined residues of sulfentrazone, N-[2,4-
dichloro-5-[4-(difluoromethyl)-4,5-dihydro-3-methyl-5-oxo-1H-1,2,4-
triazol-1-yl]phenyl]methanesulfonamide, and its metabolites 3-
hydroxymethyl
[[Page 29457]]
sulfentrazone (HMS) and 3-desmethyl sulfentrazone (DMS) in or on
strawberries at 0.60 ppm for an additional 3-year period. This
tolerance will expire and is revoked on December 31, 2007. A time-
limited tolerance was originally published in the Federal Register of
August 1, 2001 (66 FR 39651) (FRL-6793-1) (40 CFR 180.498).

15. Thiabendazole. EPA has authorized under FIFRA section 18 the
use of thiabendazole on lentils for control of Ascochyta blight in
Idaho, Montana, North Dakota, Oregon, and Washington. This regulation
extends a time-limited tolerance for residues of the fungicide
thiabendazole in or on lentils at 0.1 ppm for an additional 3-year
period. This tolerance will expire and is revoked on December 31, 2007.
A time-limited tolerance was originally published in the Federal
Register of February 25, 1998 (63 FR 9435) (FRL-5767-6) (40 CFR 180.242).
16. Thiophanate methyl. EPA has authorized under FIFRA section 18
the use of thiophanate methyl on blueberry for control of fungal
diseases in Connecticut, Indiana, Michigan, New Jersey, New York, Ohio,
and Pennsylvania. This regulation extends a time-limited tolerance for
residues of the fungicide thiophanate methyl and its metabolite methyl
2-benzimidazoyl carbamate (MBC) in or on blueberry at 1.5 ppm for an
additional 3-year period. This tolerance will expire and is revoked on
June 30, 2007. A time-limited tolerance was originally published in the
Federal Register of September 12, 2002 (67 FR 57748) (FRL-7196-5) (40
CFR 180.371).

17. Thiophanate methyl. EPA has authorized under FIFRA section 18
the use of thiophanate methyl on citrus fruit for control of post-bloom
fruit drop in Florida and Louisiana. This regulation extends a time-
limited tolerance for residues of the fungicide thiophanate methyl and
its metabolite methyl 2-benzimidazoyl carbamate (MBC) in or on citrus
at 0.5 ppm for an additional 3-year period. This tolerance will expire
and is revoked on June 30, 2007. A time-limited tolerance was
originally published in the Federal Register of September 12, 2002 (67
FR 57748) (FRL-7196-5) (40 CFR 180.371).

18. Thiophanate methyl. EPA has authorized under FIFRA section 18
the use of thiophanate methyl on mushroom spawn for control of green
mold in California, Delaware, Maryland, and Pennsylvania. This
regulation extends a time-limited tolerance for residues of the
fungicide thiophanate methyl and its metabolite methyl 2-benzimidazoyl
carbamate (MBC) in or on mushroom at 0.01 ppm for an additional 3-year
period. This tolerance will expire and is revoked on December 31, 2007.
A time-limited tolerance was originally published in the Federal
Register of February 5, 2003 (68 FR 5847) (FRL-7285-9) (40 CFR 180.371).

III. Objections and Hearing Requests
Under section 408(g) of the FFDCA, as amended by the FQPA, any
person may file an objection to any aspect of this regulation and may
also request a hearing on those objections. The EPA procedural
regulations which govern the submission of objections and requests for
hearings appear in 40 CFR part 178. Although the procedures in those
regulations require some modification to reflect the amendments made to
the FFDCA by the FQPA, EPA will continue to use those procedures, with
appropriate adjustments, until the necessary modifications can be made.
The new section 408(g) of the FFDCA provides essentially the same
process for persons to ``object'' to a regulation for an exemption from
the requirement of a tolerance issued by EPA under new section 408(d)
of the FFDCA, as was provided in the old sections 408 and 409 of the
FFDCA. However, the period for filing objections is now 60 days, rather
than 30 days.

A. What Do I Need to Do to File an Objection or Request a Hearing?
You must file your objection or request a hearing on this
regulation in accordance with the instructions provided in this unit
and in 40 CFR part 178. To ensure proper receipt by EPA, you must
identify docket ID number OPP-2004-0136 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 June 23,
2004.
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 (1900L),
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001. You may also deliver your request to the
Office of the Hearing Clerk in Suite 350, 1099 14\th\ St., NW.,
Washington, DC 20005. 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) 564-6255.
2. Tolerance fee payment. If you file an objection or request a
hearing, you must also pay the fee prescribed by 40 CFR 180.33(i) or
request a waiver of that fee pursuant to 40 CFR 180.33(m). You must
mail the fee to: EPA Headquarters Accounting Operations Branch, Office
of Pesticide Programs, P.O. Box 360277M, Pittsburgh, PA 15251. Please
identify the fee submission by labeling it ``Tolerance Petition Fees.''
EPA is authorized to waive any fee requirement ``when in the
judgement of the Administrator such a waiver or refund is equitable and
not contrary to the purpose of this subsection.'' For additional
information regarding the waiver of these fees, you may contact James
Tompkins by phone at (703) 305-5697, by e-mail at tompkins.jim@epa.gov,
or by mailing a request for information to Mr. Tompkins at Registration
Division (7505C), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001.
If you would like to request a waiver of the tolerance objection
fees, you must mail your request for such a waiver to: James Hollins,
Information Resources and Services Division (7502C), Office of
Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
3. Copies for the Docket. In addition to filing an objection or
hearing request with the Hearing Clerk as described in Unit III.A., you
should also send a copy of your request to the PIRIB for its inclusion
in the official record that is described in ADDRESSES. Mail your
copies, identified by docket ID number OPP-2004-0136, to: Public
Information and Records Integrity Branch, Information Resources and
Services Division (7502C), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001. In person or by courier, bring a copy to the location of the
PIRIB described in ADDRESSES. You may also send an
[[Page 29458]]
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. Statutory and Executive Order Reviews
This final rule establishes time-limited tolerances under section
408 of the FFDCA. The Office of Management and Budget (OMB) has
exempted these types of actions from review under Executive Order
12866, entitled Regulatory Planning and Review (58 FR 51735, October 4,
1993). Because this rule has been exempted from review under Executive
Order 12866 due to its lack of significance, this rule is not subject
to Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use (66 FR 28355,
May 22, 2001). This final rule does not contain any information
collections subject to OMB approval under the Paperwork Reduction Act
(PRA), 44 U.S.C. 3501 et seq., or impose any enforceable duty or
contain any unfunded mandate as described under Title II of the
Unfunded Mandates Reform Act of 1995 (UMRA) (Public Law 104-4). Nor
does it require any special considerations under Executive Order 12898,
entitled Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations (59 FR 7629, February 16, 1994);
or OMB review or any Agency action under Executive Order 13045,
entitled Protection of Children from Environmental Health Risks and
Safety Risks (62 FR 19885, April 23, 1997). This action does not
involve any technical standards that would require Agency consideration
of voluntary consensus standards pursuant to section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (NTTAA),
Public Law 104-113, section 12(d) (15 U.S.C. 272 note). Since
tolerances and exemptions that are established under section 408(l)(6)
of the FFDCA in response to an exemption under FIFRA section 18, such
as the tolerances in this final rule, do not require the issuance of a
proposed rule, the requirements of the Regulatory Flexibility Act (RFA)
(5 U.S.C. 601 et seq.) do not apply. In addition, the Agency has
determined that this action will not have a substantial direct effect
on States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132,
entitled Federalism (64 FR 43255, August 10, 1999). Executive Order
13132 requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive Order to include regulations that have ``substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.'' This final
rule directly regulates growers, food processors, food handlers and
food retailers, not States. This action does not alter the
relationships or distribution of power and responsibilities established
by Congress in the preemption provisions of section 408(n)(4) of the
FFDCA. For these same reasons, the Agency has determined that this rule
does not have any ``tribal implications'' as described in Executive
Order 13175, entitled Consultation and Coordination with Indian Tribal
Governments (59 FR 22951, November 6, 2000). Executive Order 13175,
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' ``Policies that have tribal
implications'' is defined in the Executive Order to include regulations
that have ``substantial direct effects on one or more Indian tribes, on
the relationship between the Federal Government and the Indian tribes,
or on the distribution of power and responsibilities between the
Federal 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. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of this final rule in the Federal Register. This final
rule is not a ``major rule'' as defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 180
Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.
Dated: May 11, 2004.
Lois Rossi,
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), 346a and 371.
Sec. 180.176 [Amended]
• 2. In Sec. 180.176, in the table to paragraph (b), amend the entry for
ginseng, root by revising the expiration/revocation date ``12/31/04''
to read ``12/31/06.''
Sec. 180.189 [Amended]
• 3. In Sec. 180.189, in the table to paragraph (b), amend the entries
for honey and honeycomb by revising the expiration/revocation date
``12/31/04'' to read ``12/31/07.''
Sec. 180.242 [Amended]
• 4. In Sec. 180.242, in the table to paragraph (b), amend the entry for
lentil, seed by revising the expiration/
[[Page 29459]]
revocation date ``12/31/04'' to read ``12/31/07.''
Sec. 180.368 [Amended]
• 5. In Sec. 180.368, in the table to paragraph (b)(2), amend the entry
for sweet potato, roots by revising the expiration/revocation date
``12/31/04'' to read ``12/31/07.''
Sec. 180.371 [Amended]
• 6. In Sec. 180.371, in the table to paragraph (b), amend the entries
for blueberry and citrus by revising the expiration/revocation date
``6/30/04'' to read ``6/30/07'' and amend the entry for mushroom by
revising the expiration/revocation date ``12/31/04'' to read ``12/31/07.''
Sec. 180.377 [Amended]
• 7. In Sec. 180.377, in the table to paragraph (b), amend the entries
for alfalfa, forage and alfalfa, hay by revising the expiration/
revocation date ``6/30/04'' to read ``6/30/07.''
Sec. 180.442 [Amended]
• 8. In Sec. 180.442, in the table to paragraph (b), amend the entries
for orchardgrass, forage and orchardgrass, hay by revising the
expiration/revocation date ``6/30/04'' to read ``6/30/07.''
Sec. 180.443 [Amended]
• 9. In Sec. 180.443, in the table to paragraph (b), amend the entries
for beet, sugar, dried pulp; beet, sugar, molasses; beet, sugar,
refined sugar; and beet, sugar, roots by revising the expiration/
revocation date ``12/31/04'' to read ``12/31/07.''
Sec. 180.464 [Amended]
• 10. In Sec. 180.464, in the table to paragraph (b), amend the entries
for beet, sugar; beet, sugar, dried pulp; beet, sugar, molasses; beet,
sugar, tops; and onion, dry, bulb by revising the expiration/revocation
date ``12/31/04'' to read ``12/31/07.''
Sec. 180.480 [Amended]
• 11. In Sec. 180.480, in the table to paragraph (b), amend the entry
for blueberry by revising the expiration/revocation date ``12/31/04''
to read ``12/31/07.''
Sec. 180.498 [Amended]
• 12. In Sec. 180.498, in the table to paragraph (b), amend the entries
for flax, seed and strawberry by revising the expiration/revocation
date ``12/31/04'' to read ``12/31/07.''
Sec. 180.510 [Amended]
• 13. In Sec. 180.510, in the table to paragraph (b), amend the entry
for strawberry by revising the expiration/revocation date ``12/31/04''
to read ``12/31/07.''
Sec. 180.515 [Amended]
• 14. In Sec. 180.515, in the table to paragraph (b), amend the entries
for tomato, paste; tomato, puree; and vegetable, fruiting, group 8 by
revising the expiration/revocation date ``6/30/04'' to read ``6/30/07.''
Sec. 180.564 [Amended]
• 15. In Sec. 180.564, in the table to paragraph (b), amend the entry
for cranberry by revising the expiration/revocation date ``12/31/04''
to read ``12/31/07.''
[FR Doc. 04-11673 Filed 5-21-04; 8:45 am]
BILLING CODE 6560-50-S