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January 14, 2004. Extension
of Tolerances for Emergency Exemptions.
Final Rule. Federal Register.
Bifenthrin
Fluroxypyr 1-methylheptyl ester
Note from FAN:
This Notice extends tolerances for 5 pesticides; two are fluorinated.http://www.epa.gov/fedrgstr/EPA-PEST/2004/January/Day-14/p554.htm
[Federal Register: January 14, 2004 (Volume 69, Number 9)]
[Rules and Regulations]
[Page 2069-2074]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14ja04-6]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[OPP-2003-0402; FRL-7339-8]
Extension of Tolerances for Emergency Exemptions Multiple
Chemicals
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
SUMMARY: This regulation extends time-limited tolerances for the
pesticides listed in Unit II. of the SUPPLEMENTARY INFORMATION. These
actions are in response to EPA's granting of emergency exemptions under
section 18 of the Federal Insecticide, Fungicide, and Rodenticide Act
(FIFRA) authorizing use of these pesticides. Section 408(l)(6) of the
Federal Food, Drug, and Cosmetic Act (FFDCA) requires EPA to establish
a time-limited tolerance or exemption from the requirement for a
tolerance for pesticide chemical residues in food that
[[Page 2070]]
will result from the use of a pesticide under an emergency exemption
granted by EPA.
DATES: This regulation is effective January 14, 2004. Objections and
requests for hearings, identified by docket ID number OPP-2003-0402,
must be received by EPA on or before February 13, 2004.
ADDRESSES: Written objections and hearing requests may be submitted
electronically, by mail, or through hand delivery/courier. Follow the
detailed instructions as provided in Unit I. of the SUPPLEMENTARY
INFORMATION.
FOR FURTHER INFORMATION CONTACT: See the following table 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.
------------------------------------------------------------------------
Pesticide/CFR cite Contact person
------------------------------------------------------------------------
Bifenthrin;Sec. 180.442 Andrea Conrath
mailto: conrath.andrea@epa.gov
(703) 308-9356
------------------------------------------------------------------------
Avermectin; Sec. 180.449 Libby Pemberton
Azoxystrobin; Sec. 180.507..............
mailto: pemberton.libby@epa.gov
(703) 308-9364
------------------------------------------------------------------------
Fluroxypyr 1-methylheptyl ester; Sec. Andrew Ertman
180.535 mailto: ertman.andrew@epa.gov
Imidacloprid; Sec. 180.472.............. (703) 308-9367
Propyzamide; Sec. 180.317...............
------------------------------------------------------------------------
Tebufenozide; Sec. 180.482 Stacey Milan Groce
mailto:milan.stacey@epa.gov
(703) 305-2505
------------------------------------------------------------------------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.
B. How Can I Get Copies of this Document and Other Related Information?
1. Docket. EPA has established an official public docket for this
action under docket identification (ID) number OPP-2003-0402. The
official public docket consists of the documents specifically
referenced in this action, any public comments received, and other
information related to this action. Although a part of the official
docket, the public docket does not include Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. The official public docket is the collection of materials
that is available for public viewing at the Public Information and
Records Integrity Branch (PIRIB), Rm. 119, Crystal Mall #2,
1921 Jefferson Davis Hwy., Arlington, VA. This docket facility is open
from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal
holidays. The docket telephone number is (703) 305-5805.
2. Electronic access. You may access this Federal Register document
electronically through the EPA Internet under the ``Federal Register''
listings at http://www.epa.gov/fedrgstr/ A frequently updated electronic version of 40 CFR part 180 is available at <A HREF="http://">http://</A>.
<A HREF="http://www.access.gpo.gov/nara/cfr/cfrhtml">http://www.access.gpo.gov/nara/cfr/cfrhtml</A> --00/Title--40/40cfr180--00.html, a
beta site currently under development.
An electronic version of the public docket is available through
EPA's electronic public docket and comment system, EPA Dockets. You may
use EPA Dockets at http://www.epa.gov/edocket/">http://www.epa.gov/edocket to submit or view public
comments, access the index listing of the contents of the official
public docket, and to access those documents in the public docket that
are available electronically. Although not all docket materials may be
available electronically, you may still access any of the publicly
available docket materials through the docket facility identified in
Unit I.B.1. Once in the system, select ``search,'' then key in the
appropriate docket ID number.
II. Background and Statutory Findings
EPA published final rules in the Federal Register for each
chemical/commodity listed. The initial issuance of these final rules
announced that EPA, on its own initiative, under section 408 of the
FFDCA, 21 U.S.C. 346a, as amended by the Food Quality Protection Act
(FQPA) of 1996 (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.
[[Page 2071]]
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. Avermectin. EPA has authorized under FIFRA section 18 the use of
avermectin on avocado for control of avocado thrip in California. This
regulation extends a time-limited tolerance for combined residues of
the insecticide avermectin B1 (a mixture of avermectins containing
greater than or equal to 80% avermectin B1a (5-O-demethyl avermectin
A1) and less than or equal to 20% avermectin B1b (5-O-demethyl-25-de(1-
methylpropyl)-25-(1-methylethyl) avermectin A1)) and its delta-8,9-
isomer in or on avocado at 0.02 parts per million (ppm) for an
additional 3-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 April 7, 1999 (64 FR 16843) (FRL-6070-6).
EPA has also authorized under FIFRA section 18 the use of
avermectin on spinach for control of leafminers in California. This
regulation extends a time-limited tolerance for combined residues of
the insecticide avermectin B1 in or on spinach at 0.05 ppm for an
additional 3-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 August 19, 1997 (62 FR 44089) (FRL-5737-1).
Additionally, this regulation also extends a time-limited tolerance for
combined residues of the insecticide avermectin B1 in or on basil at
0.05 ppm for an additional 3-year period in connection with use under
section 18 on basil in California to control leafminer. This tolerance
will expire and is revoked on December 31, 2006. A time-limited
tolerance was originally published in the Federal Register of October
29, 1997 (62 FR 56082) (FRL-5750-8).
2. Azoxystrobin. EPA has authorized under FIFRA section 18 the use
of azoxystrobin on cabbage for control of alternaria leafspot and
cercospora leafspot in Texas. This regulation extends a time-limited
tolerance for combined residues of the fungicide azoxystrobin
(methyl(E)-2-(2-(6-(2-cyanophenoxy)pyrimidin-4-yloxy)phenyl)-3-
methoxyacrylate, and the Z-isomer of azoxystrobin methyl(Z)-2-(2-(6-(2-
cyanophenoxy) pyrimidin-4-yloxy)phenyl)-3-methoxyacrylate) in or on
head and stem (Brassica) subgroup at 30 ppm for an additional 3-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 November 21, 2001 (66 FR 58400) (FRL-6809-3)
3. Bifenthrin. EPA has authorized under FIFRA section 18 the use of
bifenthrin on sweet potatoes for control of soil beetles and weevils in
Louisiana and Mississippi. This regulation extends a time-limited
tolerance 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 sweet potato, roots at 0.05
ppm for an additional 2-year period. This tolerance will expire and is
revoked on December 31, 2005. A time-limited tolerance was originally
published in the Federal Register of September 27, 2001 (66 FR 49308)
(FRL-6801-5), subsequently corrected by a technical amendment published
in the Federal Register of September 3, 2003 (68 FR 52353) (FRL-7323-
9).
4. Fluroxypyr 1-methylheptyl ester. EPA has authorized under FIFRA
section 18 the use of fluroxypyr 1-methylheptyl ester on field corn and
sweet corn for control of volunteer potatoes in Washington, Oregon,
Idaho, and Wisconsin. This regulation extends time-limited tolerances
for residues of the herbicide fluroxypyr 1-methylheptyl ester ((4-
amino-3,5-dichloro-6-fluoro-2-pyridinyl)oxy)acetic acid, 1-methylheptyl
ester and its metabolite fluroxypyr in or on corn, sweet, K + CWHR at
0.05 ppm; corn, sweet, forage at 2.0 ppm; corn, sweet, stover at 2.5
ppm; corn, field, grain at 0.05 ppm; corn, field, forage at 2.0 ppm;
corn, field, stover at 2.5 ppm for an additional 3-year period. These
tolerances will expire and are revoked on December 31, 2006. Time-
limited tolerances were originally published in the Federal Register of
August 5, 1998 (63 FR 41727) (FRL-6018-4).
5. Tebufenozide. EPA has authorized under FIFRA section 18 the use
of tebufenozide on grapes for control of omnivorous leafroller and
grape leaffolder in California. This regulation extends a time-limited
tolerance for combined residues of the insecticide tebufenozide
(benzoic acid, 3,5-dimethyl-1-(1,1-dimethylethyl)-2-(4-
ethylbenzoyl)hydrazide) in or on grapes at 3.0 ppm for an additional 2-
year period. This tolerance will expire and is revoked on December 31,
2005. A time-limited tolerance was originally published in the Federal
Register of July 6, 2000 (FR 67 41594) (FRL-6590-1).
EPA has authorized under FIFRA section 18 the use of imidacloprid
on almonds for control of the glassy-winged sharpshooter in California.
This regulation extends time-limited tolerances for combined residues
of the insecticide imidacloprid; (1-[6-chloro-3-pyridinyl)methyl]-N-
nitro-2-imidazolidinimine) and its metabolites containing the 6-
chloropyridinyl moiety, all expressed as parent in or on almond hulls
at 4.0 ppm and almond at 0.05 ppm for an additional 2-year period.
These tolerances will expire and are revoked on December 31, 2005.
Time-limited tolerances were originally published in the Federal
Register of November 7, 2001 (FR 66 56225) (FRL-6806-9).
EPA has received objections to a tolerance it established for
imidacloprid 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 this emergency exemption tolerance for
imidacloprid 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
[[Page 2072]]
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 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.
EPA has also received objections to the tolerance it established
for propiconazole on a specific food commodity. The objections were
filed by the 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 this emergency exemption tolerance for propiconazole 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 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.
6. Propyzamide. EPA has authorized under FIFRA section 18 the use
of propyzamide on cranberries for control of dodder in Delaware,
Massachusetts, New Jersey, and Rhode Island. This regulation extends a
time-limited tolerance for the combined residues of the herbicide
propyzamide and its metabolites containing the 3,5-dichlorobenzoyl
moiety (calculated as 3,5-dichloro-N-1,1-dimethyl-2-propenyl benzamide)
in or on cranberries at 0.05 ppm for an additional 3-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
September 16, 1998 (63 FR 49479) (FRL-6022-5).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-2003-0402 in the subject line on the
first page of your submission. All requests must be in writing, and
must be mailed or delivered to the Hearing Clerk on or before February
13, 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 (1900C),
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001. You may also deliver your request to the
Office of the Hearing Clerk in Rm.104, Crystal Mall #2, 1921
Jefferson Davis Hwy., Arlington, VA. The Office of the Hearing Clerk is
open from 8 a.m. to 4 p.m., Monday through Friday, excluding legal
holidays. The telephone number for the Office of the Hearing Clerk is
(703) 603-0061.
2. Tolerance fee payment. If you file an objection or request a
hearing, you must also pay the fee prescribed by 40 CFR 180.33(i) or
request a waiver of that fee pursuant to 40 CFR 180.33(m). You must
mail the fee to: EPA Headquarters Accounting Operations Branch, Office
of Pesticide Programs, P.O. Box 360277M, Pittsburgh, PA 15251. Please
identify the fee submission by labeling it ``Tolerance Petition Fees.''
EPA is authorized to waive any fee requirement ``when in the
judgement of the Administrator such a waiver or refund is equitable and
not contrary to the purpose of this subsection.'' For additional
information regarding the waiver of these fees, you may contact James
Tompkins by phone at (703) 305-5697, by e-mail at <A HREF="mailto:tompkins.jim@epa.gov">tompkins.jim@epa.gov</A>,
or by mailing a request for information to Mr. Tompkins at Registration
Division (7505C), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001.
If you would like to request a waiver of the tolerance objection
fees, you must mail your request for such a waiver to: James Hollins,
Information Resources and Services Division (7502C), Office of
Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
3. Copies for the Docket. In addition to filing an objection or
hearing request with the Hearing Clerk as described in Unit III.A., you
should also send a copy of your request to the PIRIB for its inclusion
in the official record that is described in Unit I.B.1. Mail your
copies, identified by docket ID number OPP-2003-0402, to: Public
Information
[[Page 2073]]
and Records Integrity Branch, Information Resources and Services
Division (7502C), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001. In person or by courier, bring a copy to the location of the
PIRIB described in Unit I.B.1. You may also send an electronic copy of
your request via e-mail to: <A HREF="mailto:opp-docket@epa.gov">opp-docket@epa.gov</A>. 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 (<a href="http://www.epa.gov/fedrgstr/eo/eo12866.htm">58 FR 51735</a>, 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 (<a href="http://www.epa.gov/fedrgstr/eo/eo13211.htm">66 FR 28355</a>,
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 (<a href="http://www.epa.gov/fedrgstr/eo/eo13045.htm">62 FR 19885</a>, 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 (<a href="http://www.epa.gov/fedrgstr/eo/eo13132.htm">64 FR 43255</a>, 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 (<a href="http://www.epa.gov/fedrgstr/eo/eo13175.htm">59 FR 22951</a>, 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: December 31, 2003.
Meredith F. Laws,
Acting Director, Registration Division, Office of Pesticide Programs.
Therefore, 40 CFR chapter I is amended as follows:
PART 180--[AMENDED]
1. The authority citation for part 180 continues to read as follows:
Authority: 21 U.S.C. 321(q), 346(a) and 371.Sec. 180.317 [Amended]
2. In Sec. 180.317, in the table to paragraph (b), amend the entry for
cranberries by revising the expiration date ``12/31/03'' to read ``12/
31/06''.Sec. 180.442 [Amended]
4. In Sec. 180.442, in the table to paragraph (b), amend the entry for
sweet
[[Page 2074]]
potato, roots by revising the expiration date ``12/31/03'' to read
``12/31/05''.Sec. 180.449 [Amended]
5. In Sec. 180.449, in the table to paragraph (b), amend the entries
for avocado, basil, and spinach by revising the expiration dates ``12/
31/03'' to read ``12/31/06''.Sec. 180.472 [Amended]
6. In Sec. 180.472, in the table to paragraph (b), amend the entries
for almond and almond hulls by revising the expiration dates ``12/31/
03'' to read ``12/31/05''.Sec. 180.482 [Amended]
7. In Sec. 180.482, in the table to paragraph (b), amend the entry for
grape by revising the expiration date ``12/31/03'' to read ``12/31/
05''.Sec. 180.507 [Amended]
8. In Sec. 180.507, in the table to paragraph (b), amend the entry for
head and stem (Brassica) subgroup by revising the expiration date ``12/
31/03'' to read ``12/31/06''.Sec. 180.535 [Amended]
9. In Sec. 180.535, in the table to paragraph (b), amend the entry for
corn, field, forage; corn, field, grain; corn, field, stover, corn,
sweet, forage; corn, sweet, kernel plus cob with husks removed; and
corn, sweet, stover; by revising the expiration date ``12/31/03'' to
read ``12/31/06''.
[FR Doc. 04-554 Filed 1-13-04; 8:45 am]
BILLING CODE 6560-50-S