Bifenthrin, Cyfluthrin, Fluroxypyr 1-methylheptyl ester,
Norflurazon, Sulfentrazone, Triflumizole.

February 10, 2005. Removal of Expired Time-limited Tolerances
for Emergency Exemptions.
Final Rule. Federal Register.
 
 



 http://www.epa.gov/fedrgstr/EPA-PEST/2005/February/Day-10/p2614.htm

Pesticides; Removal of Expired Time-limited Tolerances for Emergency Exemptions  [Federal Register: February 10, 2005 (Volume 70, Number 27)]
[Rules and Regulations]
[Page 7044-7047]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10fe05-16]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[OPP-2005-0025; FRL-7690-6]

Pesticides; Removal of Expired Time-limited Tolerances for
Emergency Exemptions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is amending 40 CFR part 180 to remove time-limited
tolerances for several pesticides that were originally established to
support emergency exemptions issued under section 18 of the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA). These time-limited
tolerances are being removed from 40 CFR part 180 because they have
since expired. The expired time-limited tolerances are obsolete and
therefore unnecessary and are being removed with this final rule
to
ensure that the regulatory listings of tolerances is properly updated.

DATES: This regulation is effective February 10, 2005. Objections and
requests for hearings must be received on or before April 11, 2005.
ADDRESSES: EPA has established a docket for this action under Docket ID
number OPP-2005-0025
. 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, 1801 S. Bell St.,
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: Dan Rosenblatt, Registration Division
(7505C), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave., NW.,Washington, DC 20460; telephone number:
(703) 308-9366; and e-mail address: rosenblatt.dan@epa.gov .
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 7045]]
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/ .

C. How Can I Submit an Objection or Request a Hearing Under FFDCA?
Although section 408(g) of the Federal Food, Drug, and Cosmetic Act
(FFDCA), as amended by the Food Quality Protection Act (FQPA), allows
any person to file an objection or request a hearing when the Agency
issues a final tolerance action under section 408, EPA does not expect
that anyone will file an objection or request a hearing for this
particular rule because the tolerances being revoked here are obsolete.
If, for some reason, anyone wishes to file an objection or request for
a hearing under section 408(g), please follow the EPA procedural
regulations which govern the submission of objections and requests for
hearings that appear in 40 CFR part 178. Note that the period for
filing objections is now 60 days, rather than 30 days.
II. Authority
A. What is EPA's Authority for Revoking these Tolerances?
This final rule is issued pursuant to section 408(e) of FFDCA, as
amended by the FQPA (21 U.S.C. 346a(e)). Section 408 of FFDCA
authorizes the establishment of tolerances, exemptions from the
requirement of a tolerance, modifications in tolerances, and revocation
of tolerances for residues of pesticide chemicals in or on raw
agricultural commodities and processed foods. Without a tolerance or
tolerance exemption, food containing pesticide residues is considered
to be unsafe and therefore ``adulterated'' under section 402(a) of the
FFDCA. If food containing pesticide residues is found to be
adulterated, the food may not be distributed in interstate commerce (21
U.S.C. 331(a) and 342(a)).

B. Why is EPA Issuing this as a Final Rule?
Section 553 of the Administrative Procedure Act, 5 U.S.C.
553(b)(B), provides that, when an agency for good cause finds that
notice and public procedure are impracticable, unnecessary or contrary
to the public interest, the agency may issue a rule without providing
notice and an opportunity for public comment. EPA has determined that
there is good cause for making today's rule final without prior
proposal and opportunity for comment because the actions taken in this
final rule represent technical corrections to the regulations and do
not involve substantive Agency action.

The removal of an expired time-limited tolerance from 40 CFR part
180 represents a simple correction of the regulations, and does not
involve any substantive Agency action. The expiration date for the
time-limited tolerance is set when the Agency issues the final rule
that originally establishes, or a subsequent final rule that amends,
the specific time-limited tolerance. Once that time-limited tolerance
expires, the associated listing in 40 CFR part 180 is obsolete and must
be removed to reflect that expiration.
For these reasons, notice and public procedure are unnecessary. EPA
finds that this constitutes good cause under 5 U.S.C. 553(b)(B).

III. Overview of Today's Action

A. What Action is EPA Taking?
For each pesticide chemical and commodity combination listed below,
EPA previously established a time-limited tolerance, under section 408
of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21 U.S.C. 346a, as
amended by the Food Quality Protection Act of 1996 (FQPA) (Public Law
104-170). EPA established the tolerances because section 408(l)(6) of
the FFDCA requires EPA to establish a time-limited tolerance or
exemption from the requirement for a tolerance for pesticide chemical
residues in food that will result from the use of a pesticide under an
emergency exemption granted by EPA under section 18 of FIFRA. These
time-limited tolerances are being removed from 40 CFR part 180 today
because they have since expired making these time-limited tolerances
obsolete.

B. Which Time-Limited Tolerances are Obsolete?
The time-limited tolerances for the following pesticide chemicals
on specific commodities are being removed from 40 CFR part 180 because
the time-limited tolerances have expired for the pesticide and
commodity covered by the time-limited tolerance. Therefore, the time-
limited tolerance is obsolete and no longer necessary:

1. Aluminum tris. The time-limited tolerance for succulent pea is
being removed from Sec. 180.415 because it expired on September 31, 2000.

2. Azoxystrobin. Time-limited tolerances for chickpea seed, lychee
and pepper are being removed from Sec. 180.507 because they expired on
December 31, 2003.

3. Bifenthrin. Time-limited tolerances for peanut and potato are
being removed from Sec. 180.442 because they expired on or before
December 31, 2003.

4. Bromoxynil. Time-limited tolerances for timothy hay and forage
are being removed from Sec. 180.324 because they expired on June 30, 2003.

5. Clethodim. The time-limited tolerances for tall fescue hay and
forage are being removed from Sec. 180.458 because they expired on
June 30, 2004.

6. Cymoxanil. The time-limited tolerance for dried cone hop is
being removed from Sec. 180.503 because it expired on December 31, 2003.

7. Cyprodinil. The time-limited tolerance for caneberries is being
removed from Sec. 180.532 because it expired on December 31, 2003.

8. Cyfluthrin. Time-limited tolerances for grape and raisin are
being removed from Sec. 180.436 because they expired on June 30, 2003.

9. Dimethomorph. Time-limited tolerances for cantaloupe, cucumber,
squash, and watermelon are being removed from Sec. 180.493 because
they expired on December 31, 2003.

10. Fluroxypyr 1-methylheptyl ester. Time-limited tolerances for
cattle kidney, goat kidney, grass forage and hay, hog kidney, horse
kidney, milk and sheep kidney are being removed from Sec. 180.535
because they expired on December 31, 2004.

11. Imidacloprid. Time-limited tolerances for garden beet roots and
tops, blueberry, cranberry, prune, and legume vegetable are being
removed from Sec. 180.472 because they expired on or before June 30, 2004.

12. Metolachlor. Time-limited tolerances for grass forage and hay,
spinach, tomato, tomato paste and tomato puree are being removed from
Sec. 180.368 because they expired on or before December 31, 2004.

13. Methoxyfenozide. Time-limited tolerances for field corn forage,
grain and stover and corn oil are being removed from Sec. 180.544
because they expired on December 31, 2003.

14. Norflurazon. Time-limited tolerances for Bermuda grass hay and
forage are being removed from Sec. 180.356 because they expired on
November 30, 2002.

15. Propamocarb. Time-limited tolerances for tomato and tomato
paste are being removed from Sec. 180.499 because they expired on
December 31, 2003.

[[Page 7046]]

17. Pymetrozine. The time-limited tolerance for pecan is being
removed from Sec. 180.556 because it expired on December 31, 2002.

18. Pyriproxyfen. The time-limited tolerance for stone fruit (group
12) is being removed from Sec. 180.510 because it expired on December
31, 2002.

19. Spinosad. The time-limited tolerance for cranberry is being
removed from Sec. 180.495 because it expired on June 30, 2003.

20. Sulfentrazone. The time-limited tolerance for chickpea seed is
being removed from Sec. 180.498 because it expired on December 31, 2004.

21. Tebuconazole. The time-limited tolerance for hops is being
removed from Sec. 180.474 because it expired on December 31, 2003.

22. Tebufenozide. Time-limited tolerances for egg, grass forage and
hay, longan, lychee, peanut, peanut hay, peanut meal, peanut oil,
poultry fat, poultry meat, poultry meat byproducts, sunflower seed,
foliage of legume vegetable (group 7) and legume vegetable (group 6)
are being from Sec. 180.482 removed because they expired on or before
December 31, 2003.

23. Triflumizole. The time-limited tolerance for filbert is being
removed from Sec. 180.476 because it expired on June 30, 2004.

24. Zinc phosphide. The time-limited tolerance for wheat aspirated
grain fractions is being removed from Sec. 180.284 because it expired
on December 31, 2003.

IV. Regulatory Assessment Requirements
This final rule removes obsolete time-limited tolerances that were
previously established under FFDCA section 408 of the FFDCA. The Office
of Management and Budget (OMB) has exempted tolerance actions like this
revocation 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, this rule is
not subject to Executive Order 13045, entitled Protection of Children
from Environmental Health Risks and Safety Risks (62 FR 19885, April
23, 1997), or Executive Order 13211, entitled Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use (66 FR 28355, May 22, 2001). Because the agency has made a ``good
cause'' finding that this action is not subject to notice-and-comment
requirements under the Administrative Procedure Act or any other
statute (see discussion in Unit II.B. of this preamble), it is not
subject to the regulatory flexibility provisions of the Regulatory
Flexibility Act (RFA)(5 U.S.C. 601 et seq.), or to sections 202 and 205
of the Unfunded Mandates Reform Act of 1995 (UMRA)(Public Law 104-4).
In addition, this action does not significantly or uniquely affect
small governments or impose a significant intergovernmental mandate, as
described in sections 203 and 204 of UMRA. 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). This action will not have substantial direct effects on
State or tribal governments, on the relationship between the Federal
government and States or Indian tribes, or on the distribution of power
and responsibilities between the Federal government and States or
Indian tribes. As a result, this action does not require any action
under Executive Order 13132, entitled Federalism (64 FR 43255, August
10, 1999), or under Executive Order 13175, entitled Consultation and
Coordination with Indian Tribal Governments (59 FR 22951, November 6,
2000). Nor does it require 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 Executive Order 12630, entitled Governmental Actions and
Interference with Constitutionally Protected Property Rights (53 FR
8859, March 15, 1988). 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). This rule does not impose
an information collection burden under the provisions of the Paperwork
Reduction Act (PRA)(44 U.S.C. 3501 et seq.). In issuing this rule, EPA
has taken the necessary steps to eliminate drafting errors and
ambiguity, minimize potential litigation, and provide a clear legal
standard for affected conduct, as required by section 3 of Executive
Order 12988 (61 FR 4729, February 7, 1996).
V. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., 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. Section 808 allows the issuing agency to make a rule
effective sooner than otherwise provided by the CRA if the agency makes
a good cause finding that notice and public procedure is impracticable,
unnecessary or contrary to the public interest. This determination must
be supported by a brief statement. 5 U.S.C. 808(2). As stated in Unit
II.B., EPA has made such a good cause finding for this rule, including
the reasons therefor, and established an effective date of February 10,
2005. 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: January 30, 2005.
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), 346(a) and 371.

Sec. 180.284 [Amended]
• 2. In Sec. 180.284 in the table in paragraph (b), remove the entry for
wheat, aspirated grain fractions.

• 3. In Sec. 180.324, paragraph (b) is removed and reserved as follows:
Sec. 180.324 Bromoxynil; tolerances for residues.
* * * * *
(b) Section 18 emergency exemptions. [Reserved]
* * * * *

• 4. In Sec. 180.356, paragraph (b) is removed and reserved as follows:
Sec. 180.356 Norflurazon; tolerances for residues.
* * * * *
(b) Section 18 emergency exemptions. [Reserved]

* * * * *

• 5. In Sec. 180.368, paragraph (b) is removed and reserved as follows:
[[Page 7047]]
Sec. 180.368 Metholachlor; tolerances for residues.
* * * * *
(b) Section 18 emergency exemptions. [Reserved]
* * * * *

• 6. In Sec. 180.415, paragraph (b) is removed and reserved as follows:
Sec. 180.415 Aluminum tris (O-ethylphosphate); tolerances for residues.
* * * * *
(b) Section 18 emergency exemptions. [Reserved]
* * * * *

• 7. In Sec. 180.436, paragraph (b) is removed and reserved as follows:
Sec. 180.436 Cyfluthrin; tolerances for residues
* * * * *
(b) Section 18 emergency exemptions. [Reserved]

* * * * *

Sec. 180.442 [Amended] [Bifenthrin]
• 8. In Sec. 180.442 in the table in paragraph (b), remove the entries
for peanut and potato.

• 9. In Sec. 180.458, paragraph (b) is removed and reserved as follows:
Sec. 180.458 Clethodim; tolerances for residues.
* * * * *
(b) Section 18 emergency exemptions. [Reserved]
* * * * *

• 10. In Sec. 180.472, the table in paragraph (b) is revised to read as
follows:
Sec. 180.472 Imidacloprid; tolerances for residues.
(b) * * *
------------------------------------------------------------------------
Expiration/
Commodity Parts per revocation
million date
------------------------------------------------------------------------
Almond........................................ 0.05 12/31/05
Almond, hulls................................. 4.0 12/31/05
Soybean, seed................................. 1.0 12/31/06
------------------------------------------------------------------------
* * * * *

Sec. 180.474 [Amended]
• 11. In Sec. 180.474, in the table in paragraph (b), remove the entry
for hop.

• 12. In Sec. 180.476, paragraph (b) is removed and reserved as follows:
Sec. 180.476 Triflumizole; tolerances for residues.
* * * * *
(b) Section 18 emergency exemptions. [Reserved]

* * * * *

• 13. In Sec. 180.482, the table in paragraph (b) is revised to read as
follows:
Sec. 180.482 Tebufenozide; tolerances for residues.
* * * * *
(b) * * *
------------------------------------------------------------------------
Expiration/
Commodity Parts per revocation
million date
------------------------------------------------------------------------
Beet, garden, roots........................... 0.3 12/31/05
Beet, garden, tops............................ 9.0 12/31/05
Grape......................................... 3.0 12/31/05
Sweet potato, roots........................... 0.25 12/31/05
------------------------------------------------------------------------
* * * * *

• 14. In Sec. 180.493, paragraph (b) is removed and reserved as follows:
Sec. 180.493 Dimethomorph; tolerances for residues.
* * * * *
(b) Section 18 emergency exemptions. [Reserved]
* * * * *

Sec. 180.495 [Amended] [Sulfentrazone]
• 15. In Sec. 180.495, in the table in paragraph (b), remove the entry
for cranberry.
Sec. 180.498 [Amended]

• 16. In Sec. 180.498, in the table in paragraph (b), remove the entry
for chickpea, seed.

• 17. In Sec. 180.499, paragraph (b) is removed and reserved as follows:
Sec. 180.499 Propamocarb hydrochloride; tolerances for residues.
* * * * *
(b) Section 18 emergency exemptions. [Reserved]
* * * * *

• 18. In Sec. 180.503, paragraph (b) is removed and reserved as follows:
Sec. 180.503 Cymoxanil, tolerances for residues.
* * * * *
(b) Section 18 emergency exemptions. [Reserved]
* * * * *

Sec. 180.507 [Amended]
• 19. In Sec. 180.507, the table in paragraph (b) is Amended by removing
the entries for chickpea, seed; lychee; and pepper.

Sec. 180.510 [Amended]
• 20. In Sec. 180.510, in the table in paragraph (b), remove the entry
for Fruit, stone, group 12.

• 21. In Sec. 180.532, paragraph (b) is removed and reserved as follows:
Sec. 180.532 Cyprodinil; tolerances for residues.
* * * * *
(b) Section 18 emergency exemptions. [Reserved]
* * * * *

Sec. 180.535 [Amended] [Fluroxypyr 1-methylheptyl ester]
• 22. In Sec. 180.535, in the table in paragraph (b), remove the
entries, cattle, kidney; goat, kidney; grass, forage; grass, hay; hog,
kidney; horse, kidney; milk and sheep, kidney.

Sec. 180.544 [Amended]
• 23. In Sec. 180.544, in the table in paragraph (b), remove the
entries, corn, field, forage; corn, field, grain; corn, field, stover;
and corn, oil.

• 24. In Sec. 180.556, paragraph (b) is removed and reserved as follows:
Sec. 180.556 Pymetrizone; tolerances for residues.
* * * * *
(b) Section 18 emergency exemptions. [Reserved]
* * * * *

[FR Doc. 05-2614 Filed 2-9-05; 8:45 a.m.]
BILLING CODE 6560-50-S
 
 

 
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