[Federal Register Volume 66, Number 234 (Wednesday, December 5, 2001)]
[Rules and Regulations]
[Pages 63192-63199]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-30103]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[OPP-300734A; FRL-6804-4]
RIN 2070-AB78


4-Amino-6-(1,1-dimethylethyl)-3-(methylthio)-1,2,4-triazin-5(4H)-
one [Metribuzin], Dichlobenil, Diphenylamine, Sulprofos, Pendimethalin, 
and Terbacil; Tolerance Actions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: This final rule establishes, modifies, and revokes specific 
tolerances for residues of the herbicides dichlobenil, metribuzin, 
pendimethalin, and terbacil; the plant growth regulator diphenylamine, 
and the insecticide sulprofos. EPA is revoking certain tolerances 
because EPA has canceled the food uses associated with them. The 
regulatory actions proposed in this final rule 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) section 408(q), as 
amended by the Food Quality Protection Act (FQPA) of 1996. By law, EPA 
is required by August 2002 to reassess 66% of the tolerances in 
existence on August 2, 1996, or about 6,400 tolerances. This final rule 
revokes 29 tolerances, but only one tolerance reassessment (sulprofos) 
is counted here toward the August, 2002 review deadline. The tolerances 
associated with the other 28 revocations were reassessed and counted 
previously through the Reregistration Eligibility Decision (RED) 
process.

DATES: This regulation is effective March 5, 2002. Objections and 
requests for hearings, identified by docket control number OPP-300734A, 
must be

[[Page 63193]]

received by EPA on or before February 4, 2002.

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 IV. of the SUPPLEMENTARY 
INFORMATION. To ensure proper receipt by EPA, your objections and 
hearing requests must identify docket control number OPP-300734A 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; and 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
           Categories                    NAICS            Potentially
                                                       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/. 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-300734A. 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

A. What Action is the Agency Taking?

    This final rule establishes, modifies, and revokes the tolerances 
for residues of 4-Amino-6-(1,1-dimethylethyl)-3-(methylthio)-1,2,4-
triazin-5(4H)-one, metribuzin, dichlobenil, diphenylamine, sulprofos, 
pendimethalin, and terbacil in or on certain specified commodities.
    The tolerances revoked by this rule are no longer necessary to 
cover residues of the relevant pesticides in or on domestically treated 
commodities or commodities treated outside but imported into the United 
States. These pesticides are no longer used on those specified 
commodities within the United States, and no one commented that there 
was a need for EPA to retain the tolerances to cover residues in or on 
imported foods. EPA has historically expressed a concern that retention 
of tolerances that are not necessary to cover residues in or on legally 
treated foods could potentially encourage misuse of pesticides within 
the United States. Thus, it is EPA's policy to issue a final rule 
revoking those tolerances for residues of pesticide chemicals for which 
there are no active registrations under FIFRA, unless any person 
commenting on the proposal demonstrates a need for the tolerance to 
cover residues in or on imported commodities or domestic commodities 
legally treated.
    Today's final rule does not revoke or modify those tolerances for 
which EPA received comments demonstrating a need for the tolerance to 
remain as currently expressed. Generally, EPA will proceed with the 
revocation or modification of these tolerances on the grounds discussed 
above only if: (i) Prior to EPA's issuance of a section 408(f) order 
requesting additional data or issuance of a section 408(d) or (e) order 
revoking the tolerances on other grounds, commenters retract the 
comment identifying a need for the tolerance to be retained, (ii) EPA 
independently verifies that the tolerance is no longer needed or should 
be otherwise modified, or (iii) the tolerance is not supported by data 
that demonstrate that the tolerance meets the requirements under FQPA.
    In the Federal Register of October 16, 1998 (63 FR 55565) (FRL-
6035-7), EPA issued a proposed rule to establish, revise, or revoke the 
tolerances listed in this final rule. EPA proposed revocations 
pertaining to pesticides whose registrations were canceled because the 
registrant failed to pay the required maintenance fee and/or the 
registrant voluntarily canceled all registered uses associated with the 
tolerance revocations for these pesticides. Also, the October 16, 1998 
proposal invited public comment for consideration and for support of 
tolerance retention under FFDCA standards.
    The following comments were received by the Agency in response to 
the document published on October 16, 1998:
    1. Diphenylamine. A comment was received from the European Union 
(EU) that expressed concern with EPA's proposed actions to establish 
0.01 ppm (the limit of detection) for residues of diphenylamine in 
milk, meat, fat, and meat byproducts (excluding liver) of cattle, 
goats, horses, and sheep. The EU believed that EPA's evaluation 
appeared to consider the limit of detection as the only acceptable 
limit for all the commodities listed. The EU argued that an accurate 
study of animal metabolism has not been carried out by EPA before 
taking such action.
    Also, the EU wrote that the European Community did an evaluation 
which led

[[Page 63194]]

to different proposed Maximum Residue Limits (MRLs) for diphenylamine 
about two years prior to the proposed rule. In addition, the EU 
believed that a clear import tolerance and pesticide policy had not 
been established by the Agency.
    Agency response. A Reregistration Eligibility Decision (RED) for 
diphenylamine was approved on September 30, 1997. Through the RED 
process, EPA determined that the tolerances recommended in the RED 
document met the safety standards under FQPA. In particular, adequate 
data indicate that tolerances for residues in milk and meat could be 
increased from the current level of 0.0 ppm and established as separate 
tolerances set at 0.01 ppm. Both a 1996 study on edible tissues and 
milk from lactating dairy cows, and a 1996 study on milk and tissues 
from lactating goats are cited in the bibliography of the RED regarding 
tolerance recommendations for milk and meat, fat, and meat byproducts 
(excluding liver) of cattle, goats, horses, and sheep. The Agency 
believes that these data sufficiently support EPA's finding.
    When possible, EPA seeks to harmonize U.S. tolerances with Codex 
MRLs, although EPA may establish a tolerance that is different. In this 
case, differences between Codex and U.S. tolerances on milk and meat at 
0.01 ppm is justified by data. Further, no diphenylamine Codex MRLs are 
listed for milk or meat in the Food and Agriculture Organization of the 
United Nations Statistical (FAOSTAT) database for pesticide residues in 
food, as of the last update on September 2, 1999. Also, no 
diphenylamine MRLs are listed for milk or meat in the EU MRLs listed in 
EU's Food Safety database for pesticide residues, as of the last update 
on March 12, 2001.
    Since the time when the EU comment on import tolerances was 
received, EPA published in the Federal Register on June 1, 2000 (65 FR 
35069) (FRL-6559-3) an import tolerance guidance entitled ``Pesticides; 
Guidance on Pesticide Import Tolerances and Residue Data for Imported 
Food; Request for Comment.'' In this document, EPA solicited comments 
on the approach reflected in the guidance on how to obtain an import 
tolerance, both for establishing new import tolerances and for 
modifying or maintaining existing U. S. tolerances for import purposes 
when U.S. uses or registrations are canceled.
    Therefore, EPA is establishing tolerances in 40 CFR 180.190 for 
diphenylamine at 0.01 ppm for milk, meat, fat, and meat byproducts, 
except liver of cattle, goats, horses, and sheep. Also, EPA is 
establishing separate tolerances at 0.1 ppm for liver of cattle, goats, 
horses, and sheep. In addition, EPA is establishing a tolerance at 30 
ppm for ``apple, wet pomace'' because data from an adequate apple 
processing study indicate that it is needed. EPA is changing the name 
of the commodity tolerance ``apple, preharvest or postharvest, 
including wraps'' in 40 CFR 180.190 to ``apple from preharvest or 
postharvest use, including use of impregnated wraps'' to conform to 
current Agency practice.
    2. Terbacil. Comment from DuPont Agricultural Products. A comment 
was received by the Agency from DuPont Agricultural Products agreeing 
with the proposed reassessment action for terbacil and the EPA Terbacil 
RED that the tolerance definition listed under 40 CFR 180.209(a) and 
(b) should be identical for all commodities, and all tolerances should 
be listed under one section. However, DuPont requested that the 
terbacil tolerance expression should be further simplified by including 
only the parent and metabolite A. DuPont claimed that analysis of all 
three minor metabolites for each commodity is not needed to assure 
compliance with the label directions since metabolites B and C are 
rarely detected. DuPont declared that the existing tolerance levels for 
terbacil are adequate to assure compliance with label directions, but 
that it would be appropriate to include the more conservative, higher 
levels as proposed in the October 16, 1998 document for those crops 
other than alfalfa forage and hay.
    Agency response. The Agency believes the tolerances for terbacil 
must include all the metabolites. A tolerance is the maximum pesticide 
chemical residue allowable in or on a food from the use of a pesticide 
registered under FIFRA. The term ``pesticide chemical residue'' is 
defined under section 201(q)(2) of the FFDCA as ``a pesticide chemical 
or any other substance that is present on or in the commodity or food 
primarily as a result of the metabolism or other degradation of a 
pesticide chemical.''
    EPA has determined that the pesticide chemical residues in the 
tolerance expression for terbacil are the parent and its metabolites, 
labelled A, B, and C. The metabolites were included in the terbacil 
risk assessment as residues of toxic concern (i.e., all four chemicals 
contribute to the risk) and therefore, all four should be regulated in 
the tolerance expression. DuPont's comments regarding compliance with 
label directions do not offer any reason why metabolites B and C should 
not be regulated as pesticide chemical residues of toxic concern. The 
reason for the tolerance is to limit the risk, not merely to ensure 
compliance with label directions, even though such compliance may be an 
important factor in limiting the risk. The Agency will maintain the 
proposed tolerance expression for terbacil.
    Therefore, the tolerance expressions are unified to include 
terbacil (3-tert-butyl-5-chloro-6-methyluracil) and its metabolites [3-
tert-butyl-5-chloro-6-hydroxymethyluracil], [6-chloro-2,3-dihydro-7-
hydroxymethyl 3,3-dimethyl-5H-oxazolo (3,2-a) pyrimidin-5-one], and [6-
chloro-2,3-dihydro-3,3,7-trimethyl-5H-oxazolo (3,2-a) pyrimidin-5-one], 
calculated as terbacil. In accordance, 40 CFR 180.209, paragraphs 
(a)(1) and (a)(2) are combined. To reflect the combined limit of 
detection for terbacil and its three regulated metabolites, EPA is 
increasing the tolerances for (i) peaches from 0.1 to 0.2 ppm and 
revising the name to ``peach,'' (ii) blueberries from 0.1 to 0.2 ppm 
and revising the name to ``blueberry,'' and (iii) caneberries 
(blackberries, boysenberries, dewberries, loganberries, raspberries, 
and youngberries) from 0.1 to 0.2 ppm and revising the name to 
``caneberry.'' Based upon available residue data, the Agency is 
increasing tolerances for (i) apples from 0.1 to 0.3 ppm and revising 
the name to ``apple,'' (ii) asparagus from 0.2 to 0.4 ppm, and (iii) 
sugarcane from 0.1 to 0.4 ppm.
    Also, available data support the establishment of lower alfalfa 
tolerances. Therefore, EPA is decreasing the tolerances for ``alfalfa, 
forage'' from 5.0 to 1.0 ppm, and ``alfalfa, hay'' from 5.0 to 2.0 ppm. 
The Agency has determined that once these tolerances on alfalfa are 
decreased, the tolerances for residues of terbacil and its metabolites 
on all animal commodities could be revoked because there is no 
reasonable expectation of finite residues in animal commodities 40 CFR 
180.6(a)(3). Therefore, EPA is revoking the tolerances in 40 CFR 
180.209 for residues of terbacil and its metabolites in or on cattle, 
fat; cattle, mbyp; cattle, meat; goats, fat; goats, mbyp; goats, meat; 
hogs, fat; hogs, mbyp; hogs, meat; horses, fat; horses, mbyp; horses, 
meat; milk, fat; sheep, fat; sheep, mbyp; and sheep, meat.
    In addition, EPA is revoking the tolerances for residues of 
terbacil and its metabolites in or on pears; pecans; sainfoin, forage; 
and sainfoin hay in 40 CFR 180.209 because no registered uses exist.
    Note, a tolerance for citrus fruits appeared in the table under 
180.209 in the rule of October 16, 1998 (63 FR 55565) because it 
existed at that time.

[[Page 63195]]

 However, that citrus fruits tolerance had been previously proposed for 
revocation on February 5, 1998 (63 FR 5907) (FRL-5743-9) and was later 
revoked in a final rule published on October 26, 1998 (63 FR 57067) 
(FRL-6035-6).
    EPA is changing the name of the commodity tolerances ``mint hay 
(peppermint and spearmint)'' given on one line in 40 CFR 180.209 by 
listing the two tolerances on separate lines and revising their names 
to ``peppermint, tops'' and ``spearmint, tops'' to conform to current 
Agency practice. EPA is also revising the name ``strawberries'' to 
``strawberry.''
    No comments were received by the Agency concerning the following:
    3. Metribuzin. In the codification section of the proposed rule 
(October 16, 1998, 63 FR 55565), EPA inadvertently listed the tolerance 
for metribuzin on lentil in error as 0.5 instead of the correct level 
of 0.05 ppm. That tolerance change was an unintended typographical 
error. No change concerning the lentil tolerance level was proposed for 
metribuzin. The name change from lentils (dried) to lentil was proposed 
as one of the ``other terminology changes.'' Therefore, EPA is changing 
the tolerance name to ``lentil,'' but the tolerance level will remain 
at 0.05 ppm.
    In the proposed rule of October 16, 1998, the tolerance for 
sugarcane molasses in 40 CFR 180.332 was noted to be listed incorrectly 
as 0.3 ppm, and was proposed to be revised to reflect the correct 
tolerance of 2 ppm (August 24, 1978, 43 FR 35915), along with a 
terminology revision to ``sugarcane, molasses.'' A final rule on May 
24, 2000 (65 FR 33691) (FRL-6043-1) transferred the tolerance for 
sugarcane molasses at 2.0 ppm from 185.250 to 180.332(a), increased the 
existing tolerance in 40 CFR 180.332(a) for sugarcane molasses from 0.3 
ppm to 2.0 ppm, and removed the duplicate entry for sugarcane molassses 
at 2.0 ppm created by the transfer. Therefore, no further action in 
this rule is required to implement the metribuzin RED regarding 
sugarcane molasses.
    The metribuzin RED, approved on May 20, 1997, stated that the 
tolerance for sweet corn should be revoked because there were no 
registered uses. However, a registered use for sweet corn was approved 
in August, 1997. Therefore, the tolerance for corn, fresh (inc. sweet K 
+ CWHR) is not revoked. EPA is revoking the tolerance in 40 CFR 180.332 
for residues of metribuzin and its metabolites in or on lentils, vine 
hay because it is no longer considered a significant livestock feed 
commodity; therefore a tolerance is not necessary.
    In 40 CFR 180.332, EPA is establishing tolerances for both barley, 
hay and wheat, hay at 7 parts per million (ppm). EPA is increasing 
tolerances for asparagus from 0.05 to 0.1 ppm and for soybeans from 0.1 
to 0.3 ppm, and is revising the name from ``soybeans '' to ``soybean, 
seed.'' The tolerance for peas, vine hay is increased from 0.05 to 4 
ppm, and the named is revised to `` pea, field, hay.''
    Other terminology changes are given in the regulatory text as 
follows: ``Alfalfa, green '' to ``alfalfa, forage;'' ``barley, milled 
fractions (except flour)'' to ``barley, pearled barley;'' ``carrots '' 
to ``carrot;'' ``cattle, mbyp'' to ``cattle, meat byproducts;'' ``corn, 
fodder'' to ``corn, field, stover'' and ``corn, sweet, stover;'' 
``corn, forage'' to ``corn, field, forage'' and ``corn, sweet, 
forage;'' ``corn, fresh (inc. sweet K+CWHR)'' to ``corn, sweet, kernel 
plus cob with husks removed;'' ``corn, grain (inc. popcorn)'' to 
``corn, field, grain '' and ``corn, pop, grain;'' ``eggs'' to ``egg;'' 
``goats, fat;'' to ``goat, fat;'' `` goats, mbyp;'' to ``goat, meat 
byproducts;'' ``goats, meat;'' to ``goat, meat;'' ``grass'' to ``grass, 
forage;'' ``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;'' ``peas'' to ``pea, succulent;'' 
``peas (dried)'' to ``pea, dry, seed;'' ``peas, forage'' to ``pea, 
field, vines;'' ``potatoes, processed (inc. potato chips)'' to 
``potato, processed potato waste '' and ``potato, chips;'' ``poultry, 
mbyp;'' to ``poultry, meat byproducts;'' ``sainfoin'' to ``sainfoin, 
forage;'' ``sheep, mbyp;'' to ``sheep, meat byproducts;'' ``soybeans, 
forage'' to ``soybean, forage;'' ``soybeans, hay'' to ``soybean, hay;'' 
``sugarcane molasses'' to ``sugarcane, molasses;'' ``tomatoes'' to 
``tomato;'' and ``wheat, milled fractions (except flour)'' to ``wheat, 
bran;'' ``wheat, middlings;'' ``wheat, shorts;'' and ``wheat, germ.''
    4. Dichlobenil. In 40 CFR 180.231, the metabolite 2,6-
Dichlorobenzamide (BAM) is added to the tolerance expression of 
dichlobenil (2,6-dichlorobenzonitrile) and the metabolite 2,6-
dichlorobenzoic acid (2,6-DCBA) is deleted from the tolerance 
expression. Based upon the available residue data and to reflect the 
combined residues of dichlobenil and BAM, tolerances for apples and 
pears are increased from 0.15 to 0.5 ppm, and tolerances for 
blackberries, cranberries, and raspberries are decreased from 0.15 to 
0.10 ppm.
    EPA is revoking the tolerances for residues of dichlobenil and its 
metabolite in or on almond hulls; avocados; citrus; figs; and mangoes 
in 40 CFR 180.231 because no registered uses exist. The Agency is 
revoking the tolerance for nuts in 40 CFR 180.231 and is establishing a 
tolerance for filbert at 0.1 ppm as a separate tolerance because no 
other tree nut uses are being supported by the registrant.
    Terminology changes are given in the regulatory text as follows: 
``Apples'' to ``apple,'' ``blackberries'' to ``blackberry,'' 
``blueberries'' to ``blueberry,'' ``cranberries'' to ``cranberry,'' 
``grapes'' to ``grape,'' ``pears'' to `` pear,'' ``raspberries'' to 
``raspberry'' and ``stone fruits'' to ``fruit, stone, group.''
    5. Pendimethalin. In 40 CFR 180.361, EPA is establishing a 
tolerance at 0.1 ppm for rice, straw; and is increasing the tolerance 
on rice grain from 0.05 to 0.1 ppm based on available field trial data 
and to reflect the analytical method's limit of quantitation for the 
combined residues of pendimethalin and its regulated metabolite. EPA 
also combines the tolerance for garlic, listed under Sec. 180.361(c) 
``Tolerances with regional registrations,'' with Sec. 180.361(a), which 
lists tolerances for registrations without regional restriction, since 
EPA has data that support a national registration and tolerance for 
garlic at the same level (0.1 ppm).
    EPA is revoking the tolerance in 40 CFR 180.361 for residues of 
pendimethalin and its metabolite in or on peanut, forage because it is 
no longer considered a significant livestock feed commodity; therefore 
a tolerance is not necessary.
    Terminology changes are given in the regulatory text as follows: 
``beans, lima (dry, snap)'' to ``bean, lima, seed'' and ``bean, lima, 
succulent;'' ``beans, forage`` to ``bean, forage '' ``beans, hay'' to 
``bean, hay;'' ``corn, fodder'' to ``corn, field, stover'' and ``corn, 
sweet, stover;'' ``corn, forage'' to ``corn, field, forage'' and 
``corn, sweet, forage;'' ``corn, grain'' to ``corn, field, grain'' and 
``corn, pop, grain;'' ``corn, fresh (including sweet, K+CWHR)'' to 
``corn, sweet, kernel plus cob with husks removed;'' ``cottonseed'' to 
``cotton, undelinted seed;'' ``onions, dry bulb'' to ``onion, dry 
bulb;'' ``peanuts'' to ``peanut;'' ``peas (except field peas)'' to 
``pea, succulent;'' ``potatoes'' to ``potato;'' ``sorghum, fodder`` to 
``sorghum, grain, stover;'' ``sorghum, grain'' to ``sorghum, grain, 
grain;'' ``soybeans '' to ``soybean, seed;'' ``soybeans, forage'' to 
``soybean, forage;'' ``soybeans, hay'' to ``soybean, hay;'' and 
``sunflower, seeds'' to ``sunflower, seed.''
    6. Sulprofos. EPA is revoking the tolerance in 40 CFR 180.542 for 
residues of sulprofos and its cholinesterase-inhibiting metabolites in 
cottonseed oil

[[Page 63196]]

because no registered use exists. In the proposed rule, the cottonseed 
oil tolerance was listed in 40 CFR 185.3000 (63 FR 55565); however, 
that tolerance was moved into 40 CFR 180.542 and Sec. 185.3000 was 
removed (65 FR 33703, May 24, 2000) (FRL-6041-9).

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

    EPA has issued Reregistration Eligibility Decisions (REDs) for the 
active ingredients listed in this final rule with the exception of 
sulprofos. During the reregistration process, EPA approved the 
registrant's request for voluntary cancellation of sulprofos 
registrations (61 FR 65218, December 11, 1996) (FRL-5573-6). No active 
registrations exist for sulprofos.
    EPA may issue a regulation establishing, modifying, or revoking a 
tolerance under FFDCA section 408(e). EPA is establishing, modifying, 
and revoking tolerances to implement the tolerance recommendations made 
during the reregistration process. As part of the reregistration 
process, EPA is required to determine whether each of the amended 
tolerances meets the safety standards under the Food Quality Protection 
Act (FQPA). The safety finding determination is found in detail in each 
RED for the active ingredient. RED recommendations, such as 
establishing or modifying tolerances, require assessment under the FQPA 
standard of ``reasonable certainty of no harm.'' However, tolerance 
revocations recommended in those REDs because there are no registered 
uses may be revoked in this document without such assessment, because 
the tolerances are no longer necessary. REDs propose certain tolerance 
actions to be implemented to meet safety findings and change commodity 
names and groupings in accordance with new EPA policy. Printed copies 
of the REDs may be obtained from EPA's National Service Center for 
Environmental Publications (EPA/NSCEP), P.O. Box 42419, Cincinnati, OH 
45242-2419, telephone 1-800-490-9198; fax 513-489-8695 and from the 
National Technical Information Service (NTIS), 5285 Port Royal Road, 
Springfield, VA 22161, telephone 1-800-553-6847 or 703-605-6000. 
Electronic copies of the RED are available on the internet at http://www.epa.gov/pesticides/reregistration/status.htm.
    It is EPA's general practice to revoke tolerances for residues of 
pesticide active ingredients on crop uses for which FIFRA registrations 
no longer exist. 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.

C. When Do These Actions Become Effective?

    These actions become effective 90 days following publication of 
this final rule in the Federal Register. EPA has delayed the 
effectiveness of these revocations for 90 days following publication of 
this final rule to ensure that all affected parties receive notice of 
EPA's actions. Consequently, the effective date is March 5, 2002. For 
this final rule, tolerances that were revoked because registered uses 
did not exist concerned uses which have been canceled for more than a 
year. Therefore, commodities containing these pesticide residues should 
have cleared the channels of trade.
    Any commodities listed in the regulatory text of this document that 
are treated with the pesticides subject to this final rule, and that 
are in the channels of trade following the tolerance revocation or 
modification, shall be subject to FFDCA section 408(1)(5), as 
established by the FQPA. Under this section, any residue 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, (i) the residue is 
present as the result of an application or use of the pesticide at a 
time nd in a manner that was lawful under FIFRA, and (ii) 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 a 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 
November 27, 2001, EPA has reassessed over 3,830 tolerances. In this 
document, EPA revokes 29 tolerances of which 28 were previously counted 
as reassessed via the RED process. Therefore, one tolerance revocation 
is counted here as a tolerance reassessment toward the August, 2002 
review deadline of FFDCA section 408(q), as amended by FQPA in 1996.

III. Are There Any International Trade Issues Raised by this Final 
Action?

    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. When possible, EPA seeks 
to harmonize U.S. tolerances with Codex MRLs. EPA may establish a 
tolerance that is different from a Codex MRL; however, FFDCA section 
408(b)(4) requires that EPA explain in a Federal Register document the 
reasons for departing from the Codex level. EPA's effort to harmonize 
with Codex MRLs is summarized in the tolerance reassessment section of 
individual REDs. 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. Objections and Hearing Requests

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-300734A 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 
4, 2002.
    1. Filing the request. Your objection must specify the specific 
provisions in the regulation that you object to, and the

[[Page 63197]]

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. Objection/hearing 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 IV.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-300734A, 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 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).

V. Regulatory Assessment Requirements

    This final rule establishes, modifies, and revokes tolerances 
established under FFDCA section 408. The Office of Management and 
Budget (OMB) has exempted these types of actions; i.e., establishment 
and modification of a tolerance, and 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). Because this rule has been exempted from review under 
Executive Order 12866 due to its lack of significance, this rule is not 
subject to Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use (66 FR 28355, 
May 22, 2001). 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). Pursuant to the 
Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.), the Agency 
previously assessed whether establishment of tolerances, exemptions 
from tolerances, raising of tolerance levels, expansion of exemptions, 
or 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. These analyses for tolerance establishments 
and modifications, and for tolerance revocations were published on May 
4, 1981 (46 FR 24950) and on December 17, 1997 (62 FR 66020), 
respectively, and were provided to the Chief Counsel for Advocacy of 
the Small Business Administration. Taking into account these analyses, 
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, the Agency knows of no extraordinary circumstances that 
exist as to the present establishments, modifications, or revocations 
that would change EPA's previous analyses.
    In addition, the Agency has determined that this action will not 
have a substantial direct effect on States,

[[Page 63198]]

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.

VI. 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: November 20, 2001.
Marcia E. Mulkey,
Director, Office of Pesticide Programs.

    Therefore, 40 CFR part 180 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.

    2. Section 180.190 is amended by revising paragraph (a) to read as 
follows:


Sec. 180.190  Diphenylamine; tolerances for residues.

    (a) General. Tolerances for residues of the plant regulator 
diphenylamine are established in or on the following commodities:

------------------------------------------------------------------------
                 Commodity                        Parts per million
------------------------------------------------------------------------
Apple, wet pomace                           30.0
Apple from preharvest or postharvest use,   10.0
 including use of impregnated wraps
Cattle, fat                                 0.01
Cattle, liver                               0.1
Cattle, meat byproducts, except liver       0.01
Cattle, meat                                0.01
Goat, fat                                   0.01
Goat, liver                                 0.1
Goat, meat byproducts, except liver         0.01
Goat, meat                                  0.01
Horse, fat                                  0.01
Horse, liver                                0.1
Horse, meat byproducts, except liver        0.01
Horse, meat                                 0.01
Milk                                        0.01
Sheep, fat                                  0.01
Sheep, liver                                0.1
Sheep, meat byproducts, except liver        0.01
Sheep, meat                                 0.01
------------------------------------------------------------------------

* * * * *

    3. Section 180.209 is amended by revising paragraph (a) to read as 
follows:


Sec. 180.209  Terbacil; tolerances for residues.

    (a) General. Tolerances are established for combined residues of 
the herbicide terbacil (3-tert-butyl-5-chloro-6-methyluracil) and its 
metabolites [3-tert-butyl-5-chloro-6-hydroxymethyluracil], [6-chloro-
2,3-dihydro-7-hydroxymethyl 3,3-dimethyl-5H-oxazolo (3,2-a) pyrimidin-
5-one], and [6-chloro-2,3-dihydro-3,3,7-trimethyl-5H-oxazolo (3,2-a) 
pyrimidin-5-one], calculated as terbacil, in or on raw agricultural 
commodities as follows:

------------------------------------------------------------------------
                 Commodity                        Parts per million
------------------------------------------------------------------------
Alfalfa, forage                             1.0
Alfalfa, hay                                2.0
Apple                                       0.3
Asparagus                                   0.4
Blueberry                                   0.2
Caneberry                                   0.2
Peach                                       0.2
Peppermint, tops                            2.0
Spearmint, tops                             2.0
Strawberry                                  0.1
Sugarcane                                   0.4
------------------------------------------------------------------------

* * * * *

    4. Section 180.231 is amended by revising paragraph (a) to read as 
follows:


Sec. 180.231  Dichlobenil; tolerances for residues.

    (a) General. Tolerances are established for the combined residues 
of the herbicide dichlobenil (2,6-dichlorobenzonitrile) and its 
metabolite 2,6-dichlorobenzamide in or on the following raw 
agricultural commodities:

------------------------------------------------------------------------
                 Commodity                        Parts per million
------------------------------------------------------------------------
Apple                                       0.5
Blackberry                                  0.1
Blueberry                                   0.15
Cranberry                                   0.1
Filbert                                     0.1
Fruit, stone, group                         0.15
Grape                                       0.15
Pear                                        0.5
Raspberry                                   0.1
------------------------------------------------------------------------

* * * * *

    5. Section 180.332 is amended by revising the table under paragraph 
(a) to read as follows:


Sec. 180.332  Metribuzin; tolerances for residues.

    (a) General. * * *

------------------------------------------------------------------------
                 Commodity                        Parts per million
------------------------------------------------------------------------
Alfalfa, forage                             2.0
Alfalfa, hay                                7.0

[[Page 63199]]

 
Asparagus                                   0.1
Barley, grain                               0.75
Barley, hay                                 7.0
Barley, pearled barley                      3.0
Barley, straw                               1.0
Carrot                                      0.3
Cattle, fat                                 0.7
Cattle, meat                                0.7
Cattle, meat byproducts                     0.7
Corn, field, forage                         0.1
Corn, field, grain                          0.05
Corn, field, stover                         0.1
Corn, pop, grain                            0.05
Corn, sweet, forage                         0.1
Corn, sweet, kernel plus cob with husks     0.05
 removed
Corn, sweet, stover                         0.1
Egg                                         0.01
Goat, fat                                   0.7
Goat, meat                                  0.7
Goat, meat byproducts                       0.7
Grass, forage                               2.0
Grass, hay                                  7.0
Hog, fat                                    0.7
Hog, meat                                   0.7
Hog, meat byproducts                        0.7
Horse, fat                                  0.7
Horse, meat                                 0.7
Horse, meat byproducts                      0.7
Lentil                                      0.05
Milk                                        0.05
Pea, dry, seed                              0.05
Pea, field, hay                             4.0
Pea, field, vines                           0.5
Pea, succulent                              0.1
Potato                                      0.6
Potato, chips                               3.0
Potato, processed potato waste              3.0
Potato waste, processed (dried)             3.0
Poultry, fat                                0.7
Poultry, meat                               0.7
Poultry, meat byproducts                    0.7
Sainfoin, forage                            2.0
Sainfoin, hay                               7.0
Sheep, fat                                  0.7
Sheep, meat                                 0.7
Sheep, meat byproducts                      0.7
Soybean, seed                               0.3
Soybean, forage                             4.0
Soybean, hay                                4.0
Sugarcane                                   0.1
Sugarcane, molasses                         2.0
Tomato                                      0.1
Wheat, bran                                 3.0
Wheat, forage                               2.0
Wheat, germ                                 3.0
Wheat, grain                                0.75
Wheat, hay                                  7.0
Wheat, middlings                            3.0
Wheat, shorts                               3.0
Wheat, straw                                1.0
------------------------------------------------------------------------

* * * * *

    6. Section 180.361 is amended by alphabetically adding the 
commodity ``garlic'' in paragraph (c) to the table in paragraph (a), by 
revising paragraph (a), and removing the remaining text from paragraph 
(c) and reserving it to read as follows:


Sec. 180.361  Pendimethalin; tolerances for residues.

    (a) General. * * *

------------------------------------------------------------------------
                 Commodity                        Parts per million
------------------------------------------------------------------------
Bean, lima, seed                            0.1
Bean, lima, succulent                       0.1
Bean, forage                                0.1
Bean, hay                                   0.1
Corn, field, forage                         0.1
Corn, field, grain                          0.1
Corn, field, stover                         0.1
Corn, pop, grain                            0.1
Corn, sweet, forage                         0.1
Corn, sweet, kernel plus cob with husks     0.1
 removed
Corn, sweet, stover                         0.1
Cotton, undelinted seed                     0.1
Garlic                                      0.1
Onion, dry bulb                             0.1
Pea, succulent                              0.1
Peanut                                      0.1
Peanut, hay                                 0.1
Potato                                      0.1
Rice, grain                                 0.1
Rice, straw                                 0.1
Sorghum, forage                             0.1
Sorghum, grain, grain                       0.1
Sorghum, grain, stover                      0.1
Soybean, forage                             0.1
Soybean, hay                                0.1
Soybean, seed                               0.1
Sugarcane                                   0.1
Sunflower, seed                             0.1
------------------------------------------------------------------------

* * * * *
    (c) Tolerances with regional registrations. [Reserved]
* * * * *


Sec. 180.542  [Removed]

    7. Section 180.542 is removed.

[FR Doc. 01-30103 Filed 12-4-01; 8:45 am]
BILLING CODE 6560-50-S