[Federal Register Volume 63, Number 111 (Wednesday, June 10, 1998)]
[Rules and Regulations]
[Pages 31631-31633]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-15327]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[OPP-300652; FRL 5788-4]
RIN 2070-AB78


Glyphosate; Extension of Tolerance for Emergency Exemptions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This rule extends a time-limited tolerance for residues of 
Roundup Ultra and Roundup Ultra RT (Glyphosate [N-
(Phosphonomethyl)glycine) and its metabolites in or on dry peas, 
lentils, and chickpeas at 5 part per million (ppm) for an additional 18 
month, to February 29, 2000. This action is in response to EPA's 
granting of an emergency exemption under section 18 of the Federal 
Insecticide, Fungicide, and Rodenticide Act authorizing use of the 
pesticide on dry peas, lentils, and chickpeas. 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 
under section 18 of FIFRA.

DATES: This regulation becomes effective June 10, 1998. Objections and 
requests for hearings must be received by EPA, on or before August 10, 
1998.
ADDRESSES: Written objections and hearing requests, identified by the 
docket control number, [OPP-300652], must be submitted to: Hearing 
Clerk (1900), Environmental Protection

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Agency, Rm. M3708, 401 M St., SW., Washington, DC 20460. Fees 
accompanying objections and hearing requests shall be labeled 
``Tolerance Petition Fees'' and forwarded to: EPA Headquarters 
Accounting Operations Branch, OPP (Tolerance Fees), P.O. Box 360277M, 
Pittsburgh, PA 15251. A copy of any objections and hearing requests 
filed with the Hearing Clerk identified by the docket control number, 
[OPP-300652], must also be submitted to: Public Information and Records 
Integrity Branch, Information Resources and Services Division (7502C), 
Office of Pesticide Programs, Environmental Protection Agency, 401 M 
St., SW., Washington, DC 20460. In person, bring a copy of objections 
and hearing requests to Rm. 119, Crystal Mall #2, 1921 Jefferson Davis 
Hwy., Arlington, VA.
    A copy of objections and hearing requests filed with the Hearing 
Clerk may also be submitted electronically by sending electronic mail 
(e-mail) to: [email protected]. Follow the instructions in 
Unit II. of this preamble. No Confidential Business Information (CBI) 
should be submitted through e-mail.

FOR FURTHER INFORMATION CONTACT: By mail: Jackie Gwaltney, Registration 
Division (7505C), Office of Pesticide Programs, Environmental 
Protection Agency, 401 M St., SW., Washington, DC 20460. Office 
location, telephone number, and e-mail address: Rm. 274, CM#2, 1921 
Jefferson Davis Hwy., Arlington, VA, (703) 305-6792; e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION: EPA issued a final rule, published in the 
Federal Register of August 11, 1997 (62 FR 42921) (FRL 5732-7), which 
announced that on its own initiative and under section 408(e) of the 
FFDCA, 21 U.S.C. 346a(e) and (l)(6), it established a time-limited 
tolerance for the residues of Roundup Ultra and Roundup Ultra RT 
(Glyphosate [N-(Phosphonomethyl)glycine) and its metabolites in or on 
dry peas, lentils, and chickpeas at 5 ppm, with an expiration date of 
February 29, 2000. EPA established the tolerance 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. Such tolerances can be established without providing notice 
or period for public comment.
    In the final rule published on August 11, 1997 (62 FR 42921), EPA 
stated that an emergency exemption had been granted to Idaho, Oregon 
and Washington for use of glyphosate on dry peas, garbanzo beans 
(chickpeas) and lentils. The final rule was intended to establish 
tolerances for residues of glyphosate and its metabolites in or on all 
of these commodities. All of the commodities, including chickpeas, were 
included in EPA's assessment of the aggregate risk from exposure to 
glyphosate and in the Agency's determination that there is a reasonable 
certainty that no harm would result from such exposure. However, the 
commodity garbanzo beans (chickpeas) and its tolerance of 5 ppm was 
inadvertently omitted from the regulatory text. Therefore, in this 
final rule EPA is also adding a tolerance of 5 ppm for chickpeas with 
an expiration date of February 29, 2000 to the table at 40 CFR 
180.346(b).
    EPA received a request to extend the use of Roundup Ultra and 
Roundup Ultra RT (Glyphosate [N-(Phosphonomethyl)glycine) on dry peas, 
lentils, and chickpeas for this year growing season due to a 
combination of weather and environmental conditions that encouraged the 
excessive spread of Canada thistle. Canada thistle is a severe threat 
to Eastern Washington dry peas, lentils, and chickpeas cropland. After 
having reviewed the submission, EPA concurs that emergency conditions 
exist for this state. EPA has authorized under FIFRA section 18 the use 
of Roundup Ultra and Roundup Ultra RT (Glyphosate [N-
(Phosphonomethyl)glycine) on dry peas, lentils, and chickpeas for 
control of Canada thistle in dry peas, lentils, and chickpeas.
    EPA assessed the potential risks presented by residues of Roundup 
Ultra and Roundup Ultra RT (Glyphosate [N-(Phosphonomethyl)glycine) in 
or on dry peas, lentils, and chickpeas. In doing so, EPA considered the 
new safety standard in FFDCA section 408(b)(2), and decided that the 
necessary tolerance under FFDCA section 408(l)(6) would be consistent 
with the new safety standard and with FIFRA section 18. The data and 
other relevant material have been evaluated and discussed in the final 
rule of August 11, 1997 (62 FR 42921) [(FRL 5732-7)]. Based on that 
data and information considered, the Agency reaffirms that extension of 
the time-limited tolerance will continue to meet the requirements of 
section 408(l)(6). Therefore, the time-limited tolerance is extended 
for an additional 18 months. Although this tolerance will expire and is 
revoked on August 30, 1998, under FFDCA section 408(l)(5), residues of 
the pesticide not in excess of the amounts specified in the tolerance 
remaining in or on dry peas, lentils, and chickpeas after that date 
will not be unlawful, provided the pesticide is applied in a manner 
that was lawful under FIFRA and the application occurred prior to the 
revocation of the tolerance. EPA will take action to revoke this 
tolerance earlier if any experience with, scientific data on, or other 
relevant information on this pesticide indicate that the residues are 
not safe.

I. Objections and Hearing Requests

     The new FFDCA section 408(g) provides essentially the same process 
for persons to ``object'' to a tolerance regulation issued by EPA under 
new section 408(e) and (l)(6) as was provided in the old section 408 
and in section 409. However, the period for filing objections is 60 
days, rather than 30 days. EPA currently has procedural regulations 
which govern the submission of objections and hearing requests. These 
regulations will require some modification to reflect the new law. 
However, until those modifications can be made, EPA will continue to 
use those procedural regulations with appropriate adjustments to 
reflect the new law.
    Any person may, by August 10, 1998, file written objections to any 
aspect of this regulation and may also request a hearing on those 
objections. Objections and hearing requests must be filed with the 
Hearing Clerk, at the address given above (40 CFR 178.20). A copy of 
the objections and/or hearing requests filed with the Hearing Clerk 
should be submitted to the OPP docket for this rulemaking. The 
objections submitted must specify the provisions of the regulation 
deemed objectionable and the grounds for the objections (40 CFR 
178.25). Each objection must be accompanied by the fee prescribed by 40 
CFR 180.33(i). If a hearing is requested, the objections must include a 
statement of the factual issues on which a hearing is requested, the 
requestor's contentions on such issues, and a summary of any evidence 
relied upon by the requestor (40 CFR 178.27). A request for a hearing 
will be granted if the Administrator determines that the material 
submitted shows the following: There is 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 in the manner sought by the

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requestor would be adequate to justify the action requested (40 CFR 
178.32). 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.

II. Public Record and Electronic Submissions

     The official record for this rulemaking, as well as the public 
version, as described above will be kept in paper form. Accordingly, 
EPA will transfer any copies of objections and hearing requests 
received electronically into printed, paper form as they are received 
and will place the paper copies in the official rulemaking record which 
will also include all comments submitted directly in writing. The 
official rulemaking record is the paper record maintained at the 
Virginia address in ADDRESSES at the beginning of this document
    Electronic comments may be sent directly to EPA at:
[email protected].


    Electronic objections and hearing requests must be submitted as an 
ASCII file avoiding the use of special characters and any form of 
encryption. Objections and hearing requests will also be accepted on 
disks in WordPerfect 5.1/6.1 or ASCII file format. All copies of 
objections and hearing requests in electronic form must be identified 
by the docket control number [OPP-300652]. No CBI should be submitted 
through e-mail. Electronic copies of objections and hearing requests on 
this rule may be filed online at many Federal Depository Libraries.

III. Regulatory Assessment Requirements

    This final rule extends a time-limited tolerance that was 
previously extended by EPA under FFDCA section 408(d) in response to a 
petition submitted to the Agency. 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). In addition, 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) (Pub. L. 104-4). Nor does 
it require any prior consultation as specified by Executive Order 
12875, entitled Enhancing the Intergovernmental Partnership (58 FR 
58093, October 28, 1993), or 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 require OMB review in 
accordance with Executive Order 13045, entitled Protection of Children 
from Environmental Health Risks and Safety Risks (62 FR 19885, April 
23, 1997).
    Since this extension of an existing time-limited tolerance does 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. 
Nevertheless, the Agency has previously assessed whether establishing 
tolerances, exemptions from tolerances, raising tolerance levels or 
expanding exemptions might adversely impact small entities and 
concluded, as a generic matter, that there is no adverse economic 
impact. The factual basis for the Agency's generic certification for 
tolerance actions published on May 4, 1981 (46 FR 24950), and was 
provided to the Chief Counsel for Advocacy of the Small Business 
Administration.

IV. 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 reportcontaining 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 rule in the Federal Register. This 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 21, 1998.

James Jones,
Director, Registration Division, Office of Pesticide Programs.
    Therefore, 40 CFR chapter I is amended as follows:

PART 180-- [AMENDED]

    1. The authority citation for part 180 continues to read as 
follows:
    Authority: 21 U.S.C. 346a and 371.

    2. In Sec. 180.364, by revising paragraph (b) to read as follows:


Sec. 180.364  Glyphosate; tolerances for residues.

*    *    *    *    *
    (b) Section 18 emergency exemptions. Time-limited tolerances are 
established for combined residues of the herbicide glyphosate, per se 
in connection with use of the pesticide under section 18 emergency 
exemptions granted by EPA. The tolerances will expire and are revoked 
on the dates specified in the following table.

------------------------------------------------------------------------
                                                             Expiration/
                   Commodity                     Parts per    revocation
                                                  million        date   
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Cattle, kidney................................            4      2/29/00
Chickpeas.....................................            5      2/29/00
Goats, kidney.................................            4      2/29/00
Horses, kidney................................            4      2/29/00
Lentils.......................................            5      2/29/00
Pea, hay......................................          200      2/29/00
Pea, vines....................................           60      2/29/00
Peas, dry.....................................            5      2/29/00
Sheep, kidney.................................            4      2/29/00
Silage, hay...................................           90      2/29/00
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[FR Doc. 98-15327 Filed 6-9-98; 8:45 am]
BILLING CODE 6560-50-F