[Federal Register Volume 66, Number 148 (Wednesday, August 1, 2001)]
[Proposed Rules]
[Pages 39709-39715]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-19176]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[OPP-301137; FRL-6787-3]
RIN 2070-AB78


Atrazine, Bensulide, Carbofuran, Diphenamid, Fumaric acid, 
Imazalil, 6-Methyl-1,3-dithiolo[4,5-b]quinoxalin-2-one, Phosphamidon, 
S-Propyl dipropylthiocarbamate, and Trimethacarb; Proposed Revocation 
of Tolerances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: This document proposes to revoke specific tolerances for 
residues of the insecticides carbofuran, phosphamidon, and 
trimethacarb; the herbicides atrazine, S-(O,O-diisopropyl 
phosphorodithioate) ester of N-(2-mercaptoethyl)benzenesulfonamide, 
known as bensulide, S-propyl dipropylthiocarbamate, known as vernolate, 
and diphenamid; the fungicides fumaric acid and imazalil; and the 
fungicide/insecticide 6-methyl-1,3-dithiolo[4,5-b]quinoxalin-2-one 
(oxythioquinox). EPA expects to determine whether any individuals or 
groups want to support these tolerances. The regulatory actions 
proposed in this document are part of the Agency's reregistration 
program under the Federal Insecticide, Fungicide, and Rodenticide Act 
(FIFRA), and the tolerance reassessment requirements of the Federal 
Food, Drug, and Cosmetic Act (FFDCA). By law, EPA is required to 
reassess 66% of the tolerances in existence on August 2, 1996, by 
August 2002, or about 6,400 tolerances. The regulatory actions proposed 
in this document pertain to the proposed revocation of 81 tolerances 
and/or exemptions, but since one exemption for fumaric acid was 
previously reassessed, 80 would be counted among tolerance/exemption 
reassessments made toward the August, 2002 review deadline of FFDCA 
section 408(q), as amended by the Food Quality Protection Act (FQPA) of 
1996.

DATES: Comments, identified by docket control number OPP-301137, must 
be received on or before October 1, 2001.

ADDRESSES: Comments may be submitted by mail, electronically, or in 
person. Please follow the detailed instructions for each method as 
provided in Unit I. of the SUPPLEMENTARY INFORMATION. To ensure proper 
receipt by EPA, it is imperative that you identify docket control 
number OPP-301137 in the subject line on the first page of your 
response.

FOR FURTHER INFORMATION CONTACT: By mail: Joseph Nevola, Special Review 
and Reregistration Division (7508C), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave, NW., 
Washington, DC 20460; telephone number: (703) 308-8037; e-mail address: 
[email protected].

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 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/. To access the OPPTS Harmonized 
Guidelines referenced in this document, go directly to the guidelines 
at http://www.epa.gov/opptsfrs/home/guidelin.htm. A frequently updated 
electronic version of 40 CFR part 180 is available at http://www.access.gpo.gov/nara/cfr/cfrhtml_180/Title_40/40cfr180_00.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-301137. 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.

C. How and to Whom Do I Submit Comments?

    You may submit comments through the mail, in person, or 
electronically. To ensure proper receipt by EPA, it is imperative that 
you identify docket control number OPP-301137 in the subject line on 
the first page of your response.
    1. By mail. Submit your comments to: Public Information and Records

[[Page 39710]]

Integrity Branch (PIRIB), Information Resources and Services Division 
(7502C), Office of Pesticide Programs (OPP), Environmental Protection 
Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
    2. In person or by courier. Deliver your comments to: Public 
Information and Records Integrity Branch (PIRIB), Information Resources 
and Services Division (7502C), Office of Pesticide Programs (OPP), 
Environmental Protection Agency, Rm. 119, Crystal Mall #2, 1921 
Jefferson Davis Hwy., Arlington, VA. The PIRIB is open from 8:30 a.m. 
to 4 p.m., Monday through Friday, excluding legal holidays. The PIRIB 
telephone number is (703) 305-5805.
    3. Electronically. You may submit your comments electronically by 
e-mail to: [email protected], or you can submit a computer disk as 
described in this unit. Do not submit any information electronically 
that you consider to be CBI. Electronic comments must be submitted as 
an ASCII file avoiding use of special characters and any form of 
encryption. Comments and data will also be accepted on standard disks 
in WordPerfect 6.1/8.0 or ASCII file format. All comments in electronic 
form must be identified by docket control number OPP-301137. Electronic 
comments may also be filed online at many Federal Depository Libraries.

D. How Should I Handle CBI that I Want to Submit to the Agency?

    Do not submit any information electronically that you consider to 
be CBI. You may claim information that you submit to EPA in response to 
this document as CBI 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. In addition to one complete 
version of the comment that includes any information claimed as CBI, a 
copy of the comment that does not contain the information claimed as 
CBI must be submitted for inclusion in the public version of the 
official record. Information not marked confidential will be included 
in the public version of the official record without prior notice. If 
you have any questions about CBI or the procedures for claiming CBI, 
please consult the person listed under FOR FURTHER INFORMATION CONTACT.

E. What Should I Consider as I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your 
comments:
    1. Explain your views as clearly as possible.
    2. Describe any assumptions that you used.
    3. Provide copies of any technical information and/or data you used 
that support your views.
    4. If you estimate potential burden or costs, explain how you 
arrived at the estimate that you provide.
    5. Provide specific examples to illustrate your concerns.
    6. Offer alternative ways to improve the proposed rule or 
collection activity.
    7. Make sure to submit your comments by the deadline in this 
document.
    8. To ensure proper receipt by EPA, be sure to identify the docket 
control number assigned to this action in the subject line on the first 
page of your response. You may also provide the name, date, and Federal 
Register citation.

F. What Can I do if I Wish the Agency to Maintain a Tolerance that the 
Agency Proposes to Revoke?

    This proposed rule provides a comment period of 60 days for any 
person to state an interest in retaining a tolerance proposed for 
revocation. If EPA receives a comment within the 60-day period to that 
effect, EPA will not proceed to revoke the tolerance immediately. 
However, EPA will take steps to ensure the submission of any needed 
supporting data and will issue an order in the Federal Register under 
FFDCA section 408(f) if needed. The order would specify data needed and 
the time frames for its submission, and would require that within 90 
days some person or persons notify EPA that they will submit the data. 
If the data are not submitted as required in the order, EPA will take 
appropriate action under FIFRA or FFDCA.
    EPA issues a final rule after considering comments that are 
submitted in response to this proposed rule. In addition to submitting 
comments in response to this proposal, you may also submit an objection 
at the time of the final rule. If you fail to file an objection to the 
final rule within the time period specified, you will have waived the 
right to raise any issues resolved in the final rule. After the 
specified time, issues resolved in the final rule cannot be raised 
again in any subsequent proceedings.

II. Background

A. What Action is the Agency Taking?

    EPA is proposing to revoke specific tolerances and/or exemptions 
for residues of the insecticides carbofuran, phosphamidon, and 
trimethacarb; the herbicides atrazine, bensulide, diphenamid, and 
vernolate; the fungicides fumaric acid and imazalil; and the fungicide/
insecticide oxythioquinox in or on commodities listed in the regulatory 
text because these pesticides are not registered under FIFRA for uses 
on those commodities or because use of the pesticide is otherwise 
prohibited. The registrations for these pesticide chemicals, except for 
carbofuran, were canceled because the registrant failed to pay the 
required maintenance fee or the registrant voluntarily canceled one or 
more registered uses of the pesticide. It is EPA's general practice to 
propose revocation of those tolerances for residues of pesticide active 
ingredients on crop uses for which there are no active registrations 
under FIFRA, unless any person in comments on the proposal indicates a 
need for the tolerance to cover residues in or on imported commodities 
or domestic commodities legally treated.
    1. Atrazine. The Agency is proposing to revoke and remove the 
tolerances in 40 CFR 180.220(a)(2) for use of atrazine and its 
metabolites on grass, range; orchardgrass; and orchardgrass, hay 
because atrazine is no longer registered for these uses. EPA had 
proposed these tolerance revocations previously on February 5, 1998 in 
the Federal Register (63 FR 5907) (FRL-5743-9). However, in response to 
a comment from the Washington State Department of Agriculture that 
active registrations for atrazine use on grass existed, EPA did not 
revoke the tolerances in 40 CFR 180.220(a)(2) for use of atrazine on 
grass, range; orchardgrass; and orchardgrass, hay; as published in the 
Federal Register (63 FR 57067, October 26, 1998) (FRL-6035-6). However, 
subsequent communications from Drexel Chemical Company and Novartis 
Crop Protection, Inc. (now called Syngenta Crop Protection, Inc.) 
confirmed that no active registrations exist and that the tolerances 
should be revoked. Also, in 40 CFR 180.220, EPA is proposing to remove 
the ``(N)'' designation from all remaining entries to conform to 
current Agency administrative practice (``N'' designation means 
negligible residues).
    2. Bensulide. EPA is proposing to revoke the tolerance for residues 
of the herbicide S-(O,O-Diisopropyl phosphorodithioate) ester of N-(2-
mercaptoethyl) benzenesulfonamide, known as bensulide, and its oxygen 
analog in or on cottonseed by revising 40 CFR 180.241 because bensulide 
is not registered under FIFRA for use on cotton. On September 30, 1994, 
a 6(f)(1)

[[Page 39711]]

notice of receipt of the voluntary use deletion request by the 
registrant was published in the Federal Register (59 FR 34065) (FRL-
4912-1). EPA believes that existing stocks have been used and treated 
commodity has passed through the channels of trade.
    3. Carbofuran. EPA is proposing to revise tolerances for residues 
of the insecticide carbofuran and its metabolites in or on rice and 
rice, straw in 40 CFR 180.254 by adding an expiration/revocation date 
of August 31, 2002 to allow treated commodities to pass through the 
channels of trade.
    In 1991, EPA and FMC Corporation, the registrant of carbofuran, 
reached a settlement agreement to phase out the use of granular 
carbofuran (trade name Furadan) on rice by 1994 because of its acute 
toxicity to birds. However, due to the unavailability of effective 
substitutes in 1994 and subsequent years, and in order to allow a 
reasonable transition period, that phase out was extended until August, 
1998 for most states. In 1999, EPA notified FMC Corporation that the 
Agency would not authorize any further production of granular 
carbofuran for rice in the 1999 season and beyond. Existing 24(c) 
registrations and labels concerning Arkansas, California, Louisiana, 
Missouri, Mississippi, and Texas were to prohibit distribution, sale, 
and use of existing stocks of granular carbofuran on rice after August 
31, 1999. However, due to unique transition issues in California, rice 
growers in California were permitted to use existing stocks of 
carbofuran on rice until August, 2000. Based on discussions with the 
California Rice Commission, EPA believes that rice commodities in 
California treated with carbofuran until August, 2000 will have passed 
through the channels of trade by August, 2002. There are now two 
registered alternatives and EPA has not granted further extensions to 
the phase out of granular carbofuran for use on rice. Therefore, after 
the effective date of the final rule adopting these changes and once 
the expiration/revocation date of these tolerances has been reached, 
these tolerances will no longer be effective.
    4. Diphenamid. Diphenamid has not had active registrations under 
FIFRA since 1991. EPA believes that existing stocks have been used and 
treated commodities have passed through the channels of trade. EPA is 
proposing to revoke the tolerances in 40 CFR 180.230 for residues of 
the herbicide diphenamid and its metabolite in or on apples; cattle, 
fat; cattle, mbyp; cattle, meat; cotton forage; cottonseed; fruiting 
vegetables; goats, fat; goats, mbyp; goats, meat; hogs, fat; hogs, 
mbyp; hogs, meat; horses, fat; horses, mbyp; horses, meat; milk; okra; 
peaches; peanut forage; peanut hay; peanuts; potatoes; sheep, fat; 
sheep, mbyp; sheep, meat; raspberries; soybean forage; soybean hay; 
soybeans; strawberries; and sweet potatoes. Therefore, the Agency is 
proposing to remove Sec. 180.230 in its entirety.
    5. Fumaric acid. Fumaric acid has not had active registrations 
under FIFRA since 1989. EPA believes that existing stocks have been 
used and treated commodities have passed through the channels of trade. 
EPA is proposing to revoke the exemptions in 40 CFR 180.2(a) for 
residues of the fungicide fumaric acid on raw agricultural commodities 
and on animal products and in Sec. 180.1001(d) for residues of fumaric 
acid-isophthalic acid-styrene-ethylene/propylene glycol copolymer 
(minimum average molecular weight (in amu) 1 x 1018) on raw 
agricultural commodities because active registrations do not exist.
    6. Imazalil. EPA is proposing to revoke and remove the tolerance in 
40 CFR 180.413(a)(1) for the combined residues of the fungicide 
imazalil and its metabolite in or on cottonseed because imazalil is not 
registered under FIFRA for use on cotton.
    7. 6-Methyl-1,3-dithiolo[4,5-b]quinoxalin-2-one. Because 6-Methyl-
1,3-dithiolo[4,5-b]quinoxalin-2-one has no registered uses under FIFRA, 
EPA is proposing to revise the tolerances in 40 CFR 180.338 for 
residues of the fungicide/insecticide 6-Methyl-1,3-dithiolo[4,5-
b]quinoxalin-2-one in or on apples; apricots; cattle, fat; cattle, 
mbyp; cattle, meat; citrus fruits; goats, fat; goats, mbyp; goats, 
meat; hogs, fat; hogs, mbyp; hogs, meat; horses, fat; horses, mbyp; 
horses, meat; macadamia nuts; milk; pears; sheep, fat; sheep, mbyp; 
sheep, meat; and walnuts. In the Federal Register of March 17, 1999, 
EPA announced receipt of a request for voluntary cancellation of 
oxythioquinox, 6-Methyl-1,3-dithiolo[4,5-b]quinoxalin-2-one or 
chinomethionate (64 FR 13191) (FRL-6067-8). The Agency permitted 
distribution and sale for 18 months after the effective date of 
cancellation on October 27, 1999 and end users were permitted an 
additional year for use of existing stocks.
    Therefore, EPA is proposing to revise Sec. 180.338 in its entirety 
to add an expiration/revocation date of August 1, 2002, to allow any 
treated commodities to pass through the channels of trade. After the 
effective date of the final rule adopting these changes and once the 
expiration/revocation date of these tolerances has been reached, these 
tolerances will no longer be effective. Also, in 40 CFR 180.338, EPA is 
proposing to remove the ``(N)'' designation from all entries to conform 
to current Agency administrative practice (``N'' designation means 
negligible residues). In addition, because the tolerances with a 
revocation date will continue to appear in future issues of Title 40, 
commodity terminology changes are proposed to change ``apples'' to 
``apple,'' ``apricots'' to ``apricot,'' ``cattle, mbyp'' to ``cattle, 
meat byproducts,'' ``citrus fruits'' to ``fruit, citrus,'' ``goats, 
fat'' to ``goat, fat,'' ``goats, mbyp'' to ``goat, meat byproducts,'' 
``goats, meat'' to ``goat, meat,'' ``hogs, fat'' to ``hog, fat,'' 
``hogs, mbyp'' to ``hog, meat byproducts,'' ``hogs, meat'' to ``hog, 
meat,'' ``horses, fat'' to ``horse, fat,'' ``horses, mbyp'' to ``horse, 
meat byproducts,'' ``horses, meat'' to ``horse, meat,'' ``macadamia 
nuts'' to ``nut, macadamia,'' ``pears'' to ``pear'' ``sheep, mbyp'' to 
``sheep, meat byproducts,'' and ``walnuts'' to ``walnut'' in order to 
conform to current Agency administrative practice.
    8. Phosphamidon. EPA is proposing to revise the tolerance in 40 CFR 
180.239 for residues of the insecticide phosphamidon including all of 
its related cholinesterase-inhibiting compounds in or on apples with an 
expiration/revocation date of December 31, 2002, to allow any treated 
commodities to pass through the channels of trade.
    EPA proposed to remove the tolerances for phosphamidon on January 
21, 1998 (63 FR 3057) (FRL-5743-8). Comments were received from the 
Washington State Department of Agriculture and Northwest Wholesale, 
Inc. which requested that EPA not revoke the tolerance for phosphamidon 
on apples due to concerns about existing stocks. The Agency did not 
revoke the tolerance for phosphamidon on apples at that time (63 FR 
57062, October 26, 1998) (FRL-6035-8). Subsequently, the Agency was 
informed by the Washington State Department of Agriculture that based 
on review of the pests controlled by phosphamidon, efficacy of 
registered alternatives, estimates of remaining stocks of phosphamidon, 
and use/disposal of remaining unused stocks, retention of the tolerance 
for phosphamidon on apples until December 31, 2002 would allow growers 
to use up existing stocks and would be adequate.
    Therefore, EPA is proposing to revise the tolerance in 40 CFR 
180.239 for residues of phosphamidon including all of its related 
cholinesterase-inhibiting compounds in or on apples by adding an 
expiration/revocation date of

[[Page 39712]]

December 31, 2002. Because the tolerance with its revocation date will 
continue to appear in future issues of Title 40, EPA is also proposing 
to revise the commodity name from ``apples'' to ``apple'' in order to 
conform to current Agency administrative practice. After the effective 
date of the final rule adopting these changes and once the expiration/
revocation date of these tolerances has been reached, these tolerances 
will no longer be effective.
    9.S-Propyl dipropylthiocarbamate (vernolate). Because there are no 
registered uses for S-Propyl dipropylthiocarbamate (vernolate), EPA is 
proposing to revise the tolerances in 40 CFR 180.240 by adding an 
expiration/revocation date of May 1, 2002 for S-Propyl 
dipropylthiocarbamate (vernolate) residues in or on corn, fodder; corn, 
forage; corn, fresh (inc. sweet)(K+CWHR); corn, grain; peanuts; peanut, 
forage; peanut, hay; potatoes; soybeans; soybean, forage; soybean, hay; 
and sweet potatoes. In the March 3, 1999 Federal Register notice of 
receipt of the request for voluntary cancellation of S-Propyl 
dipropylthiocarbamate (vernolate), EPA agreed that registrants were 
permitted to sell and distribute existing stocks of vernolate until 
February 1, 2000, that distributors were permitted to sell and 
distribute existing stocks of vernolate until February 1, 2001, and 
that end users are permitted to use existing stocks until February 1, 
2002 (64 FR 10296, March 3, 1999)(FRL-6061-9).
    Because the tolerances with a revocation date will continue to 
appear in future issues of Title 40, commodity terminology changes are 
proposed to conform with current Agency administrative practice as 
follows: ``corn, fresh (inc. sweet)(K+CWHR)'' to ``corn, sweet, kernel 
plus cob with husks removed,'' ``peanuts'' to ``peanut,'' ``potatoes'' 
to ``potato,'' ``soybeans'' to ``soybean,'' and ``sweet potatoes'' to 
``sweet potato.'' No other commodity name changes are proposed because 
current Agency practice is to split certain names into two names (e.g. 
``corn, grain'' to ``corn, field, grain'' and ``corn, pop, grain'') and 
while it would not establish any new tolerances, such a change here 
could incorrectly be viewed as doing so. Therefore, such name changes 
are not proposed in order to avoid possible confusion. After the 
effective date of the final rule adopting these changes and once the 
expiration/revocation date of these tolerances has been reached, these 
tolerances will no longer be effective.
    10. Trimethacarb. EPA is proposing to revoke the tolerances for 
residues of the insecticide 3,4,5-Trimethylphenyl methylcarbamate and 
2,3,5-Trimethylphenyl methylcarbamate, known as trimethacarb, in or on 
corn, field, grain; corn, fodder; corn, forage; and corn, pop, grain in 
40 CFR 180.305 because trimethacarb is not registered under FIFRA for 
use on corn. Therefore, the Agency is proposing to remove Sec. 180.305 
in its entirety.
    EPA proposed to revoke the tolerances for trimethacarb on January 
21, 1998 (63 FR 3057). A comment on the proposed rule was received from 
Drexel Chemical Company which requested that EPA not revoke the 
tolerances for trimethacarb until Drexel determined the state of 
existing stocks. As a result of that comment, the Agency did not take 
action on trimethacarb at that time (63 FR 57062, October 26, 1998). 
Subsequently, the Agency was informed by Drexel that end-users would 
exhaust existing stocks of trimethacarb by mid-May, 1999. Therefore, 
the Agency is proposing to revoke Sec. 180.305 in its entirety.

B. What is the Agency's Authority for Taking this Action?

    A ``tolerance'' represents the maximum level for residues of 
pesticide chemicals legally allowed in or on raw agricultural 
commodities and processed foods. Section 408 of FFDCA, 21 U.S.C. 301 et 
seq., as amended by the FQPA of 1996, Public Law 104-170, authorizes 
the establishment of tolerances, exemptions from tolerance 
requirements, modifications in tolerances, and revocation of tolerances 
for residues of pesticide chemicals in or on raw agricultural 
commodities and processed foods. 21 U.S.C. 346(a). Without a tolerance 
or 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 considered to be 
``adulterated,'' it may not be distributed in interstate commerce (21 
U.S.C. 331(a) and 342(a). For a food-use pesticide to be sold and 
distributed, the pesticide must not only have appropriate tolerances 
under the FFDCA, but also must be registered under FIFRA (7 U.S.C. et 
seq.) Food-use pesticides not registered in the United States have 
tolerances for residues of pesticides in or on commodities imported 
into the United States.
    It is EPA's general practice to propose revocation of tolerances 
for residues of pesticide active ingredients on crop uses for which 
FIFRA registrations no longer exist and the pesticide can no longer be 
used. EPA has historically been concerned that retention of tolerances 
that are not necessary to cover residues in or on legally treated foods 
may encourage misuse of pesticides within the United States. 
Nonetheless, EPA will establish and maintain tolerances even when 
corresponding domestic uses are canceled if the tolerances, which EPA 
refers to as ``import tolerances,'' are necessary to allow importation 
into the United States of food containing such pesticide residues. 
However, where there are no imported commodities that require these 
import tolerances, the Agency believes it is appropriate to revoke 
tolerances for unregistered pesticides in order to prevent potential 
misuse.
    Furthermore, as a general matter, the Agency believes that 
retention of import tolerances not needed to cover any imported food 
may result in unnecessary restriction on trade of pesticides and foods. 
Under section 408 of the FFDCA, a tolerance may only be established or 
maintained if EPA determines that the tolerance is safe based on a 
number of factors, including an assessment of the aggregate exposure to 
the pesticide and of the cumulative effects of such pesticide and other 
substances that have a common mechanism of toxicity. In doing so, EPA 
must consider potential contributions to such exposure from all 
tolerances. If the cumulative risk is such that the tolerances in 
aggregate are not safe, then every one of these tolerances is 
potentially vulnerable to revocation. Furthermore, if unneeded 
tolerances are included in the aggregate and cumulative risk 
assessments, the estimated exposure to the pesticide would be inflated. 
Consequently, it may be more difficult for others to obtain needed 
tolerances or to register needed new uses. To avoid these trade-
restricting situations, the Agency is proposing to revoke tolerances 
for uses for which FIFRA registrations no longer exist, unless someone 
expresses a need for such tolerances. Through this proposed rule, the 
Agency is inviting individuals who need these import tolerances to 
identify themselves and the tolerances that are needed to cover 
imported commodities.
    Parties interested in retention of the tolerances should be aware 
that additional data may be needed to support retention. These parties 
should be aware that, under FFDCA section 408(f), if the Agency 
determines that additional information is reasonably required to 
support the continuation of a tolerance, EPA may require that parties 
interested in maintaining the tolerances provide the necessary 
information. If the requisite information

[[Page 39713]]

is not submitted, EPA may issue an order revoking the tolerance at 
issue.

C. When do These Actions Become Effective?

    EPA proposes that these actions become effective 90 days following 
publication of a final rule in the Federal Register. In most cases the 
tolerances proposed to be revoked will expire on the effective date of 
the final rule, with the exception of the tolerances for carbofuran on 
rice and rice, straw, which are proposed to expire on August 31, 2002, 
the 22 tolerances for 6-methyl-1,3-dithiolo[4,5-b]quinoxalin-2-one 
(oxythioquinox or chinomethionate), which will expire on August 1, 
2002, the tolerance for phosphamidon on apples, which is proposed to 
expire on December 31, 2002, and the 12 tolerances for S-Propyl 
dipropylthiocarbamate (vernolate), which are proposed to expire on May 
1, 2002. EPA is proposing these revocation/expiration dates because EPA 
believes that by these dates all existing stocks of pesticide products 
labeled for the uses associated with the tolerances proposed for 
revocation will have been exhausted, giving ample time for any treated 
fresh produce to clear trade channels. Therefore, EPA believes the 
revocation/expiration dates proposed in this document are reasonable. 
However, if EPA is presented with information that existing stocks 
would still be available for use after the expiration date and that 
information is verified, EPA will consider extending the expiration 
date of the tolerance. If you have comments regarding existing stocks 
and whether the effective date accounts for these stocks, please submit 
comments as described under SUPPLEMENTARY INFORMATION.
    Any commodities listed in this proposal treated with the pesticides 
subject to this proposal, and in the channels of trade following the 
tolerance revocations, shall be subject to FFDCA section 408(1)(5), as 
established by FQPA. Under this section, any residues of these 
pesticides in or on such food shall not render the food adulterated so 
long as it is shown to the satisfaction of FDA that, (1) the residue is 
present as the result of an application or use of the pesticide at a 
time and in a manner that was lawful under FIFRA, and (2) the residue 
does not exceed the level that was authorized at the time of the 
application or use to be present on the food under a tolerance or 
exemption from tolerance. Evidence to show that food was lawfully 
treated may include records that verify the dates that the pesticide 
was applied to such food.

D. What Is the Contribution to Tolerance Reassessment?

    By law, EPA is required to reassess 66% or about 6,400 of the 
tolerances in existence on August 2, 1996, by August 2002. EPA is also 
required to assess the remaining tolerances by August, 2006. As of May 
31, 2001, EPA has reassessed over 3,630 tolerances. This document 
proposes to revoke 81 tolerances and/or exemptions. However, since one 
has been previously reassessed, 80 tolerance/exemption reassessments 
would be counted toward the August, 2002 review deadline of FFDCA 
section 408(q), as amended by FQPA in 1996.

III. Are The Proposed Actions Consistent with International 
Obligations?

    The tolerance revocations in this proposal are not discriminatory 
and are designed to ensure that both domestically-produced and imported 
foods meet the food safety standards established by the FFDCA. The same 
food safety standards apply to domestically produced and imported 
foods.
    EPA is working to ensure that the U.S. tolerance reassessment 
program under FQPA does not disrupt international trade. EPA considers 
Codex Maximum Residue Limits (MRLs) in setting U.S. tolerances and in 
reassessing them. MRLs are established by the Codex Committee on 
Pesticide Residues, a committee within the Codex Alimentarius 
Commission, an international organization formed to promote the 
coordination of international food standards. It is EPA's policy to 
harmonize U.S. tolerances with Codex MRLs to the extent possible, 
provided that the MRLs achieve the level of protection required under 
FFDCA. EPA's effort to harmonize with Codex MRLs is summarized in the 
tolerance reassessment section of individual Reregistration Eligibility 
Decision documents. The U.S. EPA has developed guidance concerning 
submissions for import tolerance support (65 FR 35069, June 1, 2000) 
(FRL-6559-3). This guidance will be made available to interested 
persons. Electronic copies are available on the internet at http://www.epa.gov/. On the Home Page select ``Laws and Regulations,'' then 
select ``Regulations and Proposed Rules'' and then look up the entry 
for this document under ``Federal Register--Environmental Documents.'' 
You can also go directly to the ``Federal Register'' listings at http://www.epa.gov/fedrgstr/.

IV. Regulatory Assessment Requirements

    In this proposed rule, EPA is proposing to revoke specific 
tolerances established under FFDCA section 408. The Office of 
Management and Budget (OMB) has exempted this type of action; i.e., a 
tolerance revocation for which extraordinary circumstances do not 
exist, from review under Executive Order 12866, entitled Regulatory 
Planning and Review (58 FR 51735, October 4, 1993). This proposed 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). Pursuant to the Regulatory Flexibility Act (RFA) 
(5 U.S.C. 601 et seq.), the Agency previously assessed whether 
revocations of tolerances might significantly impact a substantial 
number of small entities and concluded that, as a general matter, these 
actions do not impose a significant economic impact on a substantial 
number of small entities. This analysis was published on December 17, 
1997 (62 FR 66020), and was provided to the Chief Counsel for Advocacy 
of the Small Business Administration. Taking into account this 
analysis, and available information concerning the pesticides listed in 
this rule, I certify that this action will not have a significant 
economic impact on a substantial number of small entities. 
Specifically, as per the 1997 notice, EPA has reviewed its available 
data on imports and foreign pesticide usage and concludes that there is 
a reasonable international supply of food not treated with canceled 
pesticides. Furthermore, for the pesticides named in this proposed 
rule, the Agency knows of no extraordinary circumstances that exist as 
to the

[[Page 39714]]

present proposed revocations that would change EPA's previous analysis. 
Any comments about the Agency's determination should be submitted to 
EPA along with comments on the proposal, and will be addressed prior to 
issuing a final rule.
    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 proposed 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.

List of Subjects in 40 CFR Part 180

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

    Dated: July 18, 2001.
Marcia E. Mulkey,
Director, Office of Pesticide Programs.

    Therefore, it is proposed that 40 CFR part 180 be 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. 180.2  [Amended]

    2. Section 180.2 is amended by removing the term ``fumaric acid,'' 
in paragraph (a).


Sec. 180.220  [Amended]

    3. Section 180.220 is amended by redesignating paragraph (a)(1) as 
paragraph (a); removing the ``(N)'' designation wherever it appears in 
the ``Parts per million'' column in the table under newly designated 
paragraph (a); and by removing paragraph (a)(2).


Sec. 180.230  [Removed]

    4. Section 180.230 is removed.
    5. Section 180.239 is revised to read as follows:


Sec. 180.239  Phosphamidon; tolerances for residues.

    (a) General. Tolerances (expressed as phosphamidon) for residues of 
the insecticide phosphamidon (2-chloro-2-diethylcarbamoyl-1-methylvinyl 
dimethyl phosphate) including all of its related cholinesterase-
inhibiting compounds in or on raw agricultural commodities are 
established as follows:

------------------------------------------------------------------------
                                     Parts per    Expiration/Revocation
             Commodity                million              Date
------------------------------------------------------------------------
Apple.............................          1.0                 12/31/02
------------------------------------------------------------------------

    (b) Section 18 emergency exemptions. [Reserved]
    (c) Tolerances with regional registrations. [Reserved]
    (d) Indirect or inadvertent residues. [Reserved]

    6. Section 180.240 is revised to read as follows:


Sec. 180.240  Vernolate; tolerances for residues.

    (a) General. Tolerances are established for the herbicide 
vernolate; S-Propyl dipropylthiocarbamate in or on the following raw 
agricultural commodities:

------------------------------------------------------------------------
                                     Parts per    Expiration/Revocation
             Commodity                million              Date
------------------------------------------------------------------------
Corn, fodder......................          0.1                   5/1/02
Corn, forage......................          0.1                   5/1/02
Corn, grain.......................          0.1                   5/1/02
Corn, sweet, kernel plus cob with           0.1                   5/1/02
 husks removed....................
Peanut............................          0.1                   5/1/02
Peanut, forage....................          0.1                   5/1/02
Peanut, hay.......................          0.1                   5/1/02
Potato............................          0.1                   5/1/02
Soybean...........................          0.1                   5/1/02
Soybean, forage...................          0.1                   5/1/02
Soybean, hay......................          0.1                   5/1/02

[[Page 39715]]

 
Sweet potato......................          0.1                   5/1/02
------------------------------------------------------------------------

    (b) Section 18 emergency exemptions. [Reserved]
    (c) Tolerances with regional registrations. [Reserved]
    (d) Indirect or inadvertent residues. [Reserved]


Sec. 180.241  [Amended]

    7. Section 180.241 is amended by removing the word ``cottonseed,''.
    8. In Sec. 180.254, paragraph (a) is amended by adding a third 
column titled ``Expiration/Revocation Date.'' to the table, by adding 
the word ``None'' in the new third column for all entries except 
``Rice'' and ``Rice straw.'' and by revising the entries for ``Rice'' 
and ``Rice straw'' to read as follows:


Sec. 180.254  Carbofuran; tolerances for residues.

    (a) General. * * *

------------------------------------------------------------------------
                                     Parts per    Expiration/Revocation
             Commodity                million              Date
------------------------------------------------------------------------
                  *        *        *        *        *
Rice..............................          0.2                  8/31/02
Rice, straw (of which no more than          1.0                  8/31/02
 0.2 ppm is carbamates)...........
                  *        *        *        *        *
------------------------------------------------------------------------

* * * * *


Sec. 180.305  [Removed]

    9. Section 180.305 is removed.
    10. Section 180.338 is revised to read as follows:


Sec. 180.338  6-Methyl-1,3-dithiolo[4,5-b]quinoxalin-2-one; tolerances 
for residues.

    (a) General. Tolerances are established for residues of the 
fungicide and insecticide 6-methyl-1,3-dithiolo[4,5-b]quinoxalin-2-one 
in or on raw agricultural commodities as follows:

------------------------------------------------------------------------
                                     Parts per    Expiration/Revocation
             Commodity                million              Date
------------------------------------------------------------------------
Apple.............................         0.05                   8/1/02
Apricot...........................         0.02                   8/1/02
Cattle, fat.......................         0.05                   8/1/02
Cattle, meat......................         0.05                   8/1/02
Cattle, meat byproducts...........         0.05                   8/1/02
Fruit, citrus.....................          0.5                   8/1/02
Goat, fat.........................         0.05                   8/1/02
Goat, meat........................         0.05                   8/1/02
Goat, meat byproducts.............         0.05                   8/1/02
Hog, fat..........................         0.05                   8/1/02
Hog, meat.........................         0.05                   8/1/02
Hog, meat byproducts..............         0.05                   8/1/02
Horse, fat........................         0.05                   8/1/02
Horse, meat.......................         0.05                   8/1/02
Horse, meat byproducts............         0.05                   8/1/02
Milk..............................         0.01                   8/1/02
Nut, macadamia....................          0.1                   8/1/02
Pear..............................         0.05                   8/1/02
Sheep, fat........................         0.05                   8/1/02
Sheep, meat.......................         0.05                   8/1/02
Sheep, meat byproducts............         0.05                   8/1/02
Walnut............................          0.1                   8/1/02
------------------------------------------------------------------------

    (b) Section 18 emergency exemptions. [Reserved]
    (c) Tolerances with regional registrations. [Reserved]
    (d) Indirect or inadvertent residues. [Reserved]


Sec. 180.413  [Amended]

    11. Section 180.413 is amended by removing the entry for 
``cottonseed'' from the table in paragraph (a)(1).


Sec. 180.1001  [Amended]

    12. Section 180.1001 is amended by removing the entry for ``fumaric 
acid-isophthalic acid-styrene-ethylene/propylene glycol copolymer 
(minimum average molecular weight (in amu) 1 x 1018)'' from 
the table in paragraph (d).
[FR Doc. 01-19176 Filed 7-31-01; 8:45 am]
BILLING CODE 6560-50-S