[Federal Register Volume 66, Number 139 (Thursday, July 19, 2001)]
[Rules and Regulations]
[Pages 37593-37599]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-18099]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[OPP-301146 FRL-6793-8]
RIN 2070-AB78


Extension of Tolerances for Emergency Exemptions (Multiple 
Chemicals)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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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 
authorizing use of these pesticides. Section 408(l)(6) of the Federal 
Food, Drug, and Cosmetic Act (FFDCA) requires EPA to establish a time-
limited tolerance or exemption from the requirement for a tolerance for 
pesticide chemical residues in food that will result from the use of a 
pesticide under an emergency exemption granted by EPA.

DATES: This regulation is effective July 19, 2001. Objections and 
requests for hearings, identified by docket control number OPP-301146, 
must be received by EPA on or before August 20, 2001.

ADDRESSES: Written objections and hearing requests may be submitted by

[[Page 37594]]

mail, in person, or by courier. Please follow the detailed instructions 
for each method as provided in Unit III. of the SUPPLMENTARY 
INFORMATION. To ensure proper receipt by EPA, your objections and 
hearing requests must identify docket control number OPP-301146 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, 
1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone number: 
(703) 308-9366.

------------------------------------------------------------------------
                                                       Contact person/e-
            Pesticide                  CFR cite          mail address
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Avermectin                        40 CFR 180.449      Beth epa.gov">Edwards/edwards.beth@epa.gov
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Paraquat                          40 CFR 180.205      Libby epa.gov">Pemberton/pemberton.libby@epa.gov
Dimethomorph                      40 CFR 180.493
Propamocarb hydrochloride         40 CFR 180.499
Cymoxanil                         40 CFR 180.503
------------------------------------------------------------------------
Fenbuconazole                     40 CFR 180.480      Shaja R. epa.gov">Brothers/brothers.shaja@epa.gov
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Fluroxypyr 1-Methylheptyl Ester   40 CFR 180.535      Andrew epa.gov">Ertman/ertman.andrew@epa.gov
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Ethalfluralin                     40 CFR 180.416      Barbara epa.gov">Madden/madden.barbara@epa.gov
Propiconazole                     40 CFR 180.434
Myclobutanil                      40 CFR 180.443
Tebuconazole                      40 CFR 180.474
Tebufenozide                      40 CFR 180.482
Imazamox                          40 CFR 180.508
Tetraconazole                     40 CFR 180.557
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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
           Categories                 NAICS Codes         Potentially
                                                       Affected Entities
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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 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/. A frequently updated electronic 
version of 40 CFR part 180 is available at http://www.access.gpo.gov/nara/cfr/cfrhtml_00/Title_40/40cfr180 _0 0.html, a beta site currently 
under development.
    2. In person. The Agency has established an official record for 
this action under docket control number OPP-301146. 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 published final rules in the Federal Register 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 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

[[Page 37595]]

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 these pesticides indicate that the residues are 
not safe.
    Tolerances for the use of the following pesticide chemicals on 
specific commodities are being extended:
    1. Paraquat. EPA has authorized under FIFRA section 18 the use of 
paraquat on green peas grown for seed and dry peas for control of weeds 
in Idaho, North Dakota, and Oregon. This regulation extends a time-
limited tolerance for residues of the herbicide/desiccant/defoliant 
paraquat (1,1'-dimethyl-4,4'-bipyridinium-ion) derived from application 
of either the bis (methyl sulfate) or the dichloride salt (both 
calculated as the cation) in or on dry peas at 0.3 parts per million 
(ppm) for an additional 251/2 month-period. This tolerance will expire 
and is revoked on December 31, 2003. A time-limited tolerance was 
originally published in the Federal Registeron August 29, 1997 (62 FR 
45748) (FRL-5739-8).
    2. Ethalfluralin. EPA has authorized under FIFRA section 18 the use 
of ethalfluralin on canola for control of kochia in Montana, Minnesota, 
and North Dakota. This regulation extends a time-limited tolerance for 
residues of the herbicide ethalfluralin N-ethyl- N-(2-methyl-2-
propenyl)-2,6-dinitro-4-(trifluoromethyl)benzenamine in or on canola at 
0.05 ppm for an additional 2-year period. This tolerance will expire 
and is revoked on Decmber 31, 2003. A time-limited tolerance was 
originally published in the Federal Register on December 17, 1997 (62 
FR 66008) (FRL-5756-4).
    3. Propiconazole. EPA has authorized under FIFRA section 18 the use 
of propiconazole on: cranberries for control of cottonball disease in 
Washington and Wisconsin; and dry beans for the control of rust in 
Minnesota and North Dakota. This regulation extends time-limited 
tolerances for combined residues of the fungicide propiconazole, 1-[[2-
(2,4-dichlorophenyl)-4-propyl-1,3-dioxolan-2-yl]methyl]-1H-1,2,4-
triazole and its metabolite determined as 2,4-dichlorobenzoic acid in 
or on cranberries at 1.0 ppm, dry beans at 0.5 ppm, dry bean forage at 
8 ppm, and dry bean hay at 8 ppm for an additional 2-year period. These 
tolerances will expire and are revoked on December 31, 2003. A time-
limited tolerance for cranberries was originally published in the 
Federal Register on April 11, 1997 (62 FR 17710) (FRL-5600-5). Time-
limited tolerances for dry beans, dry bean forage and dry bean hay were 
originally published in the Federal Register on June 13, 1997 (62 FR 
32224) (FRL-5718-8).
    4. Myclobutanil. EPA has authorized under FIFRA section 18 the use 
of myclobutanil on hops for control of powdery mildew in Idaho, Oregon 
and Washington; on artichokes to control powdery mildew in California; 
and on peppers (bell and non-bell) to control powdery mildew in 
Califonia and New Mexico. This regulation extends a time-limited 
tolerance for residues of the fungicide myclobutanil in or on hop 
cones, dried at 5.0 ppm for an additional 2-year 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 10, 
1998 (63 FR 37289) (FRL-5798-6). This regulation also extends time-
limited tolerances for residues of myclobutanil in or on artichoke at 
1.0 ppm and peppers (bell and non-bell) at 1.0 ppm for an additional 
11-month period. These tolerances will expire and are revoked on June 
30, 2003. Time-limited tolerances were originally published in the 
Federal Register on September 16, 1998 (63 FR 49472) (FRL-6025-1).
    5. Avermectin. EPA has authorized under FIFRA section 18 the use of 
avermectin on basil for control of leafminers in California. This 
regulation extends a time-limited tolerance for residues of the 
miticide avermectin B1 and its delta-8,9-isomer in or on basil at 0.05 
ppm for an additional 2-years and 5-months. This tolerance will expire 
and is revoked on December 31, 2003. A time-limited tolerance was 
originally published in the Federal Register on August 19, 1997 (62 FR 
1466) (FRL-5737-1).
    6. Tebuconazole. EPA has authorized under FIFRA section 18 the use 
of tebuconazole on hops for control of powdery mildew in Idaho, Oregon 
and Washington. This regulation extends a time-limited tolerance for 
residues of the fungicide tebuconazole; alpha-[2-(4-chlorophenyl)-
ethyl]-alpha-(1,1-dimethylethyl)-1H-1,2,4-triazole-1-ethanol in or on 
hops at 4.0 ppm for an additional 2-year period. This tolerance will 
expire and is revoked on December 31, 2003. A time-limited tolerance 
was originally published in the Federal Register on December 2, 1998 
(63 FR 66449) (FRL-6036-3).
    7. Fenbuconazole. EPA has authorized under FIFRA section 18 the use 
of (alpha-[2-4-chlorophenyl)-ethyl]alpha-phenyl-3-(1H-1,2,4-triazole)-
1-propanenitrile on grapefruit for control of greasy spot in Florida. 
This regulation extends time-limited tolerances for combined residues 
of the fungicide (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-(1H1,2,4-
triazole-1-ylmethyl-2-3H-furanone in or on whole grapefruit at 0.5 ppm, 
dried grapefruit pulp at 4.0 ppm, grapefruit oil at 35 ppm, and meat 
and meat by products of cattle, goats, hogs, horses, and sheep at 0.1 
ppm for an additional 2-years period. These tolerances will expire and 
are revoked on December 31,2003. Time-limited tolerances were 
originally published in the Federal Register on July 26, 2000 (65 FR 
45920) (FRL-6596-6).
    8. Tebufenozide. EPA has authorized under FIFRA section 18 the use 
of tebufenozide on: grapes for the control of grape leaffolder and 
omnivorous leafroller in California; and longan and lychee for control 
of Lychee webworm in Florida. This regulation extends time-limited 
tolerances for residues of the insecticide tebufenozide, benzoic acid, 
3,5-dimethyl-1-(1,1-dimethylethyl)-2-(4-ethylbenzoyl)hydrazide in or on 
grapes at 3 ppm and lychee and longan at 1.0 ppm for an additional 2-
year period. These tolerances will expire and are

[[Page 37596]]

revoked on December 31, 2003. A time-limited tolerance was originally 
published for grapes in the Federal Register on July 6, 2000 (65 FR 
41594) (FRL-6590-1). Time-limited tolerances were originally published 
for longan and lychee in the Federal Register on March 17, 1999 (64 FR 
13088) (FRL-6065-2).
    9. Dimethomorph. EPA has authorized under FIFRA section 18 the use 
of dimethomorph on squash, cantaloupe, watermelon, and cucumber for 
control of phytophthora capsici in Delaware, Illinois, Michigan, and 
Wisconsin. This regulation extends time-limited tolerances for residues 
of the fungicide dimethomorph in or on squash, cantaloupe, watermelon, 
and cucumber at 1.0 ppm for an additional 2-year, 3-month period. These 
tolerances will expire and are revoked on December 31, 2003. Time-
limited tolerances were originally published in the Federal Register on 
February 18, 1998 (63 FR 8134) (FRL-5767-8).
    10. Propamocarb hydrochloride. EPA has authorized under FIFRA 
section 18 the use of propamocarb hydrochloride on tomatoes for control 
of late blight in California. This regulation extends a time-limited 
tolerance for residues of the fungicide propamocarb hydrochloride in or 
on tomatoes, tomato puree and tomato paste at 0.5, 1.0, and 3.0 ppm, 
respectively, for an additional 251/2 months. This tolerance will 
expire and is revoked on December 31, 2003. Time-limited tolerances 
were originally published in the Federal Register on May 16, 1997 (62 
FR 26960) (FRL-5717-5).
    11. Cymoxanil. EPA has authorized under FIFRA section 18 the use of 
cymoxanil on hops for control of downy mildew in Oregon. This 
regulation extends a time-limited tolerance for residues of the 
fungicide cymoxanil in or on dried hops at 1.0 ppm for an additional 
251/2-months. These tolerances will expire and are revoked on December 
31, 2003. Time-limited tolerances were originally published in the 
Federal Register on December 2, 1998 (63 FR 66459) (FRL-6038-5).
    12. Imazamox. EPA has authorized under FIFRA section 18 the use of 
imazamox on dry bean for control of various weeds in Wisconsin, 
Montana, Nebraska, Wyoming, Colorado, Minnesota and North Dakota. This 
regulation extends a time-limited tolerance for residues of the 
herbicide imazamox, 2-[4,5-dihydro-4-methyl-4-(1methylethyl)-5-oxo-1H-
imidazol-2-yl]-5-methoxymethyl-3-pyridine-carboxylic acid, applied as 
the free acid or ammonium salt in or on dry beans at 0.05 ppm for an 
additional 2-year, 5-month period. This tolerance will expire and is 
revoked on December 31, 2003. A time-limited tolerance was originally 
published on July 14, 1999 (64 FR 37855) (FRL-6086-5).
    13. 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 it's 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 2-year, 1-month 
period. These tolerances will expire and are revoked on December 31, 
2003. Time-limited tolerances were originally published in the Federal 
Register on August 5, 1998 (63 FR 41727) (FRL-6018-4).
    14. Tetraconazole. EPA has authorized under FIFRA section 18 the 
use of tetraconazole on sugarbeets for control of cercospora leafspot 
in Michigan, Montana, Colorado, Nebraska, and Wyoming. This regulation 
extends time-limited tolerances for residues of the fungicide 
tetraconazole (+/-)-2-(2,4-dichlorophenyl)-3-(1H-1,2,4-triazol-1-yl) 
propyl 1, 1,2,2-tetrafluoroethyl ether in or on sugarbeets, and 
sugarbeet-related commodities, and for secondary residues of triazole 
on animal commodities from livestock fed sugarbeet by-products at 0.10 
ppm on sugarbeet, 6.0 ppm in sugarbeet top, 0.20 ppm in sugarbeet dried 
pulp, 0.30 ppm in sugarbeet molasses, 0.050 ppm in milk, 0.030 ppm in 
cattle, meat and meat byproducts except kidney and liver, 0.20 ppm in 
kidney, 6.0 ppm in liver, and 0.60 ppm in fat for an additional 2-
years. These tolerances will expire and are revoked on December 31, 
2003. Time-limited tolerances were originally published in the Federal 
Register on December 6, 1999 (64 FR 68046) (FRL-6384-1).

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-301146 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 August 
20, 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 Confidential Business Information (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

[[Page 37597]]

must also pay the fee prescribed by 40 CFR 180.33(i) or request a 
waiver of that fee pursuant to 40 CFR 180.33(m). You must mail the fee 
to: EPA Headquarters Accounting Operations Branch, Office of Pesticide 
Programs, P.O. Box 360277M, Pittsburgh, PA 15251. Please identify the 
fee submission by labeling it ``Tolerance Petition Fees.''
    EPA is authorized to waive any fee requirement ``when in the 
judgement of the Administrator such a waiver or refund is equitable and 
not contrary to the purpose of this subsection.'' For additional 
information regarding the waiver of these fees, you may contact James 
Tompkins by phone at (703) 305-5697, by e-mail at tompkins.jim&epa.gov, 
or by mailing a request for information to Mr. Tompkins at Registration 
Division (7505C), Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
    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-301146, 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: opp-docket&epa.gov. Please use an ASCII file 
format and avoid the use of special characters and any form of 
encryption. Copies of electronic objections and hearing requests will 
also be accepted on disks in WordPerfect 6.1/8.0 file format or ASCII 
file format. Do not include any CBI in your electronic copy. You may 
also submit an electronic copy of your request at many Federal 
Depository Libraries.

B. When Will the Agency Grant a Request for a Hearing?

    A request for a hearing will be granted if the Administrator 
determines that the material submitted shows the following: There is a 
genuine and substantial issue of fact; there is a reasonable 
possibility that available evidence identified by the requestor would, 
if established resolve one or more of such issues in favor of the 
requestor, taking into account uncontested claims or facts to the 
contrary; and resolution of the factual issues(s) in the manner sought 
by the requestor would be adequate to justify the action requested (40 
CFR 178.32).

IV. 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 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 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 other 
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).
    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 (65 FR 67249, 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. 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

[[Page 37598]]

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: June 29,2001.
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. 180.205  [Amended]


    2. In Sec. 180.205, in the table to paragraph (b), amend the entry 
for peas (dry) by revising the expiration/revocation date `` 11/15/01'' 
to read ``12/31/03.''


Sec. 180.416  [Amended]

    3. In Sec. 180.416, in the table to paragraph (b), amend the entry 
for canola by revising the expiration/revocation date ``12/31/01'' to 
read ``12/31/03.''


Sec. 180.434  [Amended]

    4. In Sec. 180.434, in the table to paragraph (b), amend the 
entries for cranberries; dry beans; dry bean forage; and dry bean hay 
by revising the expiration/revocation date ``12/31/01'' to read ``12/
31/03.''


Sec. 180.443  [Amended]

    5. In Sec. 180.443, in the table to paragraph (b), amend the 
entries for hop cones, dried by revising the expiration/revocation date 
``12/31/01'' to read ``12/31/03'' and amend the entries for artichoke 
and peppers (bell and non-bell) by revising the expiration/revocation 
date ``7/31/02'' to read ``6/30/03.''


Sec. 180.449  [Amended]

    6. In Sec. 180.449, in the table to paragraph (b), amend the entry 
for basil by revising the expiration/revocation date ``7/31/01'' to 
read ``12/31/03.''


Sec. 180.474  [Amended]

    7. In Sec. 180.474, in the table to paragraph (b), amend the entry 
for hops by revising the expiration/revocation date ``12/31/01'' to 
read ``12/31/03.''

    8. In Sec. 180.480, the table to paragraph (b), by revising the 
following entries:


Sec. 180.480  Fenbuconazole; tolerance for residues.

* * * * *
    (b)* * *

------------------------------------------------------------------------
                                                            Expiration/
                Commodity                    Parts per      revocation
                                              million          Date
------------------------------------------------------------------------
              *        *        *        *        *
Cattle mbyp.............................            0.01        12/31/03
Cattle meat.............................            0.01        12/31/03
              *        *        *        *        *
Goats, mbyp.............................            0.01        12/31/03
Goats, meat.............................            0.01        12/31/03
Grapefruit..............................             0.5        12/31/03
Grapefruit pulp, dried..................             4.0        12/31/03
Grapefruit oil..........................              35        12/31/03
              *        *        *        *        *
Hogs, mbyp..............................            0.01        12/31/03
Hogs, meat..............................            0.01        12/31/03
              *        *        *        *        *
Horses, mybp............................            0.01        12/31/03
Horses, meat............................            0.01        12/31/03
              *        *        *        *        *
Sheeps, mybp............................            0.01        12/31/03
Sheeps, meat............................            0.01        12/31/03
------------------------------------------------------------------------

* * * * *


Sec. 180.482  [Amended]

    9. In Sec. 180.482, in the table to paragraph (b), amend the 
entries for grapes; longan; and lychee by revising the expiration/
revocation date ``12/31/01'' to read ``12/31/03''


Sec. 180.493  [Amended]

    10. In Sec. 180.493, in the table to paragraph (b), amend the 
entries for cantaloupe; cucumber; squash; and watermelon by revising 
the expiration/revocation date ``9/30/01'' to read ``12/31/03.''


Sec. 180.499  [Amended]

    11. In Sec. 180.499, in the table to paragraph (b), amend the 
entries for tomatoes; tomato paste; and tomato puree by revising the 
expiration/revocation date ``11/15/01'' to read ``12/31/03.''


Sec. 180.503  [Amended]

    12. In Sec. 180.503, in the table to paragraph (b), amend the 
entries for hops, dried, by revising the expiration/revocation date 
``10/15/01'' to read ``12/31/03.''


Sec. 180.508  [Amended]

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

    14. In Sec. 180.535, the table to paragraph (b), is revised to read 
as follows:


Sec. 180.535  Fluroxypyr 1-methylheptyl ester; tolerances for residues.

* * * * *
    (b)* * *

------------------------------------------------------------------------
                                                            Expiration/
                Commodity                    Parts per      revocation
                                              million          date
------------------------------------------------------------------------
Corn, field, forage.....................             2.0        12/31/03
Corn, field, grain......................            0.05        12/31/03
Corn, field, stover.....................             2.5        12/31/03
Corn, sweet, forage.....................             2.0        12/31/03
Corn,sweet, K + CWHR....................            0.05        12/31/03
Corn, sweet, stover.....................             2.5        12/31/03
------------------------------------------------------------------------

* * * * *

    15. In Sec. 180.557, the table to paragraph (b), is revised to read 
as follows:


Sec. 180.557  Tetraconazole; tolerances for residues.

* * * * *
    (b)* * *

------------------------------------------------------------------------
                                                            Expiration/
                Commodity                    Parts per      revocation
                                              million          date
------------------------------------------------------------------------
Beet, sugar, dried pulp.................            0.20        12/31/03
Beet, sugar, molasses...................            0.30        12/31/03
Beet, sugar, roots......................            0.10        12/31/03
Beet, sugar, tops.......................             6.0        12/31/03
Cattle, fat.............................            0.60        12/31/03
Cattle, kidney..........................            0.20        12/31/03
Cattle, liver...........................             6.0        12/31/03
Cattle, meat............................           0.030        12/31/03

[[Page 37599]]

 
Cattle, meat byproducts; except kidney             0.030        12/31/03
 and liver..............................
Milk....................................           0.050        12/31/03
------------------------------------------------------------------------

* * * * *
[FR Doc. 01-18099 Filed 7-18-01; 8:45 am]
BILLING CODE 6560-50-S