[Federal Register Volume 65, Number 251 (Friday, December 29, 2000)]
[Rules and Regulations]
[Pages 82937-82941]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-33292]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[OPP-301098; FRL-6762-7]
RIN 2070-AB78


Extension of Tolerances for Emergency Exemptions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This regulation extends time-limited tolerances for the 
pesticides listed in Unit II of this document. These actions are in 
response to EPA's granting of emergency exemptions under section 18 of 
the Federal Insecticide, Fungicide, and Rodenticide Act authorizing use 
of these pesticides. Section 408(l)(6) of the Federal Food, Drug, and 
Cosmetic Act 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 December 29, 2000. Objections and 
requests for hearings, identified by docket control number OPP-301098, 
must be received by EPA on or before February 27, 2001.

ADDRESSES: Written objections and hearing requests may be submitted by 
mail, in person, or by courier. Please follow the detailed instructions 
for each method as provided in Unit III. of the SUPPLEMENTARY 
INFORMATION. To ensure proper receipt by EPA, your objections and 
hearing requests must identify docket control number OPP-301098 in the 
subject line on the first page of your response.

FOR FURTHER INFORMATION CONTACT:  See the listing below 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, 
Ariel Rios Bldg., 1200 Pennsylvania Ave., NW., Washington, DC 20460; 
telephone number: (703) 308-9366.

------------------------------------------------------------------------
            Pesticide/CFR cite                     Contact person
------------------------------------------------------------------------
2,4-D (Sec.  180.142).....................  Beth Edwards
Paraquat (Sec.  180.205)..................  Libby Pemberton
Lambda-cyhalothrin (Sec.  180.438)........  Andrew Ertman
Bifenthrin and difenoconazole (Sec.         Andrea Conrath
 180.442 and Sec.  180.475, respectively).
Fenbuconazole (Sec.  180.480).............  Dan Rosenblatt
Sulfentrazone and imazamox (Sec.  180.498   Barbara Madden
 and Sec.  180.508, respectively).
------------------------------------------------------------------------


SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be affected by this action if you are an agricultural 
producer, food manufacturer, or pesticide manufacturer. Potentially 
affected categories and entities may include, but are not limited to:

------------------------------------------------------------------------
                                                 Examples of Potentially
             Categories                 NAICS       Affected Entities
------------------------------------------------------------------------
Industry                                    111  Crop production
                                            112  Animal production
                                            311  Food manufacturing
                                          32532  Pesticide manufacturing
------------------------------------------------------------------------

    This listing is not intended to be exhaustive, but rather provides 
a guide for readers regarding entities likely to be affected by this 
action. Other types of entities not listed in the table could also be 
affected. The North American Industrial Classification System (NAICS) 
codes have been provided to assist you and others in determining 
whether or not this action might apply to certain entities. If you have 
questions regarding the applicability of this action to a particular 
entity, consult the person listed under FOR FURTHER INFORMATION 
CONTACT.

B. How Can I Get Additional Information, Including Copies of this 
Document and Other Related Documents?

    1. Electronically.You may obtain electronic copies of this 
document, and certain other related documents that might be available 
electronically, from the EPA Internet Home Page at http://www.epa.gov/. 
To access this document, on the Home Page select ``Laws and 
Regulations,''`` Regulations

[[Page 82938]]

and Proposed Rules,'' and then look up the entry for this document 
under the ``Federal Register--Environmental Documents.'' You can also 
go directly to the Federal Register listings at http://www.epa.gov/
fedrgstr/.
    2. In person. The Agency has established an official record for 
this action under docket control number OPP-301098. The official record 
consists of the documents specifically referenced in this action, and 
other information related to this action, including any information 
claimed as Confidential Business Information (CBI). This official 
record includes the documents that are physically located in the 
docket, as well as the documents that are referenced in those 
documents. The public version of the official record does not include 
any information claimed as CBI. The public version of the official 
record, which includes printed, paper versions of any electronic 
comments submitted during an applicable comment period is available for 
inspection in the Public Information and Records Integrity Branch 
(PIRIB), Rm. 119, Crystal Mall #2, 1921 Jefferson Davis Hwy., 
Arlington, VA, from 8:30 a.m. to 4 p.m., Monday through Friday, 
excluding legal holidays. The PIRIB telephone number is (703) 305-5805.

II. Background and Statutory Findings

     EPA has previously issued a final rule for each chemical/commodity 
which were published in the Federal Register on the date listed in the 
summary for each chemical/commodity listed below. The initial issuance 
of these final rules announced that EPA, on its own initiative, 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) 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 section 18 of the Federal Insecticide, 
Fungicide, and Rodenticide Act (FIFRA). 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 FFDCA section 408(b)(2), and 
decided that the necessary tolerance under FFDCA section 408(l)(6) 
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). Therefore, the time-limited 
tolerances are extended until the date listed below. 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 FFDCA section 
408(l)(5), 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. 2,4-D. EPA has authorized under FIFRA section 18 the use of 2,4-
D on wild rice for control of common water plantain in Minnesota. This 
regulation extends a time-limited tolerance for residues of the 
herbicide 2,4-dichlorophenoxyacetic acid in or on wild rice at 0.1 ppm 
for an additional 2-year period. This tolerance will expire and is 
revoked on December 31, 2002. A time-limited tolerance was originally 
published in the Federal Register on September 5, 1997 (62 FR 46900) 
(FRL-5738-9).
    2. Paraquat. EPA has authorized under FIFRA section 18 the use of 
paraquat on artichokes for control of weeds in California. This 
regulation extends a time-limited tolerance for residues of the 
herbicide paraquat in or on artichokes at 0.05 ppm for an additional 2-
year period. This tolerance will expire and is revoked on December 31, 
2002. A time-limited tolerance was originally published in the Federal 
Register on November 22, 1999 (64 FR 63714) FRL-6392-9).
    3. Lambda-cyhalothrin. EPA has authorized under FIFRA section 18 
the use of lambda-cyhalothrin on barley for control of Russian wheat 
aphid in Wyoming, Montana, Idaho, and Colorado and sugarcane for the 
control of the sugarcane borer in Louisiana. This regulation extends 
time-limited tolerances for combined residues of the insecticide 
lambda-cyhalothrin and its epimer in or on barley, bran at 0.2 ppm; 
barley, grain at 0.05 ppm; barley, hay at 2.0 ppm; barley, straw at 2.0 
ppm, and sugarcane at 0.03 ppm for an additional 2-year period. These 
tolerances will expire and are revoked on December 31, 2002. Time-
limited tolerances were originally published in the Federal Register on 
January 29, 1999 (64 FR 4584-4590) (FRL-6056-2).
    4. Bifenthrin. EPA has authorized under FIFRA section 18 the use of 
bifenthrin on citrus for control of Diaprepes root weevil in Florida. 
This regulation extends time-limited tolerances for residues of the 
insecticide bifenthrin in or on citrus, whole fruit; citrus, oil; and, 
citrus, dried pulp at 0.05, 0.3, and 0.3 ppm, respectively, for an 
additional 2-year period. These tolerances will expire and are revoked 
on December 31, 2002. Time-limited tolerances were originally published 
in the Federal Register on December 16, 1998 (63 FR 69200) (FRL-6048-
1).
    5. Difenoconazole. EPA has authorized under FIFRA section 18 the 
use of difenoconazole on sweet corn grown for seed for control of 
fungal pathogens in Florida. This regulation extends time-limited 
tolerances for residues of the fungicide difenoconazole in or on Corn, 
sweet (kernel + corn with husk removed); Corn, sweet, forage; and Corn, 
sweet, stover at 0.1 ppm for an additional 2-year period. These 
tolerances will expire and are revoked on 12/31/02. Time-limited 
tolerances were originally published in the Federal Register on 
September 1, 1999 (64 FR 47680) (FRL-6094-3).
    6. Fenbuconazole. EPA has authorized under FIFRA section 18 the use 
of fenbuconazole on blueberries for control of mummy berry disease in 
Georgia. This regulation extends a time-limited tolerance for combined 
residues of the fungicide fenbuconazole alpha-2-(4-chlorophenyl)-ethyl-
alpha-phenyl-3-(1H-1,2,4-triazole)-1-propanenitrile and its metabolites 
cis-5-(4-chlorophenyl)-dihydro-3-phenyl-3-(1H-1,2,4-triazole-1-
ylmethyl)-2-3H-furanone and trans-5-(4-chlorophenyl)dihydro-3-phenyl-3-
(1H-1,2,4-triazole-1-ylmethyl-2-3H-furanone expressed as fenbuconazole 
in or on blueberries at 1.0 ppm for an additional 2-year period. This 
tolerance will expire and is revoked on December 31,

[[Page 82939]]

2002. A time-limited tolerance was originally published in the Federal 
Register on June 10, 1998 (63 FR 31633) (FRL-5791-5).
    7. Sulfentrazone. EPA has authorized under FIFRA section 18 the use 
of sulfentrazone on cowpea and lima bean for control of hophornbeam 
copperleaf in Tennessee and on sunflower for control of weeds in North 
Dakota. This regulation extends a time-limited tolerance for residues 
of the herbicide sulfentrazone, N-[2,4-dichloro-5-[4-(difluoromethyl)-
4,5-dihydro-3-methyl-5-oxo-1H-1,2,4-triazol-1-y-l]phenyl] 
methanesulfonamide in or on bean, succulent seed without pod (lima 
beans and cowpeas) and sunflower at 0.1 ppm for an additional 2-year 
period. These tolerances will expire and are revoked on December 31, 
2002. A time-limited tolerance was originally published in the Federal 
Register on September 21, 1999 (64 FR 51060) (FRL-6097-8).
    8. Imazamox. EPA has authorized under FIFRA section 18 the use of 
imazamox on canola for control of wild mustard in Minnesota and North 
Dakota. This regulation extends a time-limited tolerance for residues 
of the herbicide imazamox, 2-4,5-dihydro-4-methyl-4-(1-methylethyl)-5-
oxo-1H-imidazol-2-yl-5-methoxymethyl-3-pyridine-carboxylic acid, 
applied as the free acid or ammonium salt in or on canola at 0.05 ppm 
for an additional 17-month period. This tolerance will expire and is 
revoked on December 31, 2003. A time-limited tolerance was originally 
published in the Federal Register on July 14, 1999 (64 FR 37855) (FRL-
6086-5).

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 of 1996, EPA will continue to use those 
procedures, with appropriate adjustments, until the necessary 
modifications can be made. The new section 408(g) 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), as was provided in the old FFDCA sections 408 and 409. 
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 control number OPP-301098 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 
27, 2001.
    1. Filing the request. Your objection must specify the specific 
provisions in the regulation that you object to, and the grounds for 
the objections (40 CFR 178.25). If a hearing is requested, the 
objections must include a statement of the factual issues(s) on which a 
hearing is requested, the requestor's contentions on such issues, and a 
summary of any evidence relied upon by the objector (40 CFR 178.27). 
Information submitted in connection with an objection or hearing 
request may be claimed confidential by marking any part or all of that 
information as CBI. Information so marked will not be disclosed except 
in accordance with procedures set forth in 40 CFR part 2. A copy of the 
information that does not contain CBI must be submitted for inclusion 
in the public record. Information not marked confidential may be 
disclosed publicly by EPA without prior notice.
    Mail your written request to: Office of the Hearing Clerk (1900), 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460. You may also deliver your request to the Office 
of the Hearing Clerk in Rm. C400, Waterside Mall, 401 M St., SW., 
Washington, DC 20460. The Office of the Hearing Clerk is open from 8 
a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The 
telephone number for the Office of the Hearing Clerk is (202) 260-4865.
    2. 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 [email protected], 
or by mailing a request for information to Mr. Tompkins at Registration 
Division (7505C), Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
    If you would like to request a waiver of the tolerance objection 
fees, you must mail your request for such a waiver to: James Hollins, 
Information Resources and Services Division (7502C), Office of 
Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania 
Ave., NW., Washington, DC 20460.
    3. Copies for the Docket. In addition to filing an objection or 
hearing request with the Hearing Clerk as described in Unit 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.2. Mail your 
copies, identified by docket control number OPP-301098, to: Public 
Information and Records Integrity Branch, Information Resources and 
Services Division (7502C), Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460. 
In person or by courier, bring a copy to the location of the PIRIB 
described in Unit I.B.2. You may also send an electronic copy of your 
request via e-mail to: [email protected]. 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. Regulatory Assessment Requirements

    This final rule establishes time-limited tolerances under FFDCA 
section 408. The Office of Management and Budget (OMB) has exempted 
these types

[[Page 82940]]

of actions from review under Executive Order 12866, entitled Regulatory 
Planning and Review (58 FR 51735, October 4, 1993). 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 prior consultation 
as specified by Executive Order 13084, entitled Consultation and 
Coordination with Indian Tribal Governments (63 FR 27655, May 19, 
1998); 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 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 FFDCA section 
408(l)(6) 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 FFDCA section 408(n)(4).

V. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of this final rule in the Federal Register. This final 
rule is not a ``major rule'' as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 180

    Environmental protection, Administrative practice and procedure, 
Agricultural commodities, Pesticides and pests, Reporting and 
recordkeeping requirements.


    Dated: December 22, 2000.

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. 321(q), 346(a) and 371.

Sec. 180.142  [Amended]

    2. In Sec. 180.142, in the table to paragraph (b), amend the entry 
for ``Wild rice'' by revising the expiration date ``12/31/00'' to read 
``12/31/02''.


Sec. 180.205  [Amended]

    3. In Sec. 180.205, in the table to paragraph (b), amend the entry 
for ``Artichokes'' by revising the expiration date ``12/31/00'' to read 
``12/31/02''.


Sec. 180.438  [Amended]

     4. In Sec. 180.438, in the table to paragraph (b) amend the 
entries for ``Barley, bran''; ``Barley, grain''; ``Barley, hay''; 
``Barley straw''; and ``Sugarcane'' by revising the expiration date 
``12/31/00'' to read ``12/31/02''.


Sec. 180.442  [Amended]

     5. In Sec. 180.442, in the table to pararaph (b) amend the entries 
for ``Citrus, whole fruit''; ``Citrus oil''; and ``Citrus, dried pulp'' 
by revising the expiration dates ``12/31/00'' to read ``12/31/02''.
    6. In Sec. 180.475, revise the table in paragraph (b) to read as 
follows:


Sec. 180.475  Difenoconazole; tolerances for residues.

* * * * *
    (b) * * * 

 
------------------------------------------------------------------------
                                                            Expiration/
                 Commodity                    Parts per     Revocation
                                               million         date
------------------------------------------------------------------------
Corn, sweet (kernel + corn with husk                 0.1        12/31/02
 removed)..................................
Corn, sweet, forage........................          0.1        12/31/02
Corn, sweet, stover........................          0.1        12/31/02
------------------------------------------------------------------------

* * * * *


Sec. 180.480  [Amended]

    7. In Sec. 180.480, in the table to paragraph (b) amend the entry 
for ``Blueberries'' by revising the expiration date ``12/31/00'' to 
read ``12/31/02''.


Sec. 180.498  [Amended]

     8. In Sec. 180.498, in the table to paragraph (b) amend the 
entries for ``Bean, succulent seed without pod (lima beans and 
cowpeas)'' and

[[Page 82941]]

``Sunflower'' by revising the expiration date ``12/30/00'' to read 
``12/31/02''.


Sec. 180.508  [Amended]

    9. In Sec. 180.508, in the table to paragraph (b) amend the entry 
for ``Canola'' by revising the expiration date ``7/15/01'' to read 
``12/31/03''.

FR Doc. 00-33292 Filed 12-27-00; 1:00 pm
BILLING CODE 6560-50-S