[Federal Register Volume 67, Number 25 (Wednesday, February 6, 2002)]
[Proposed Rules]
[Pages 5553-5558]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-2513]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[OPP-301195; FRL-6815-1]
RIN 2070-AC18


Methyl Parathion and Ethyl Parathion; Proposed Revocation of 
Tolerances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: This document proposes to revoke certain tolerances for 
residues found for methyl parathion and for ethyl parathion. These 
actions are being taken because there are no registered uses for methyl 
parathion or ethyl parathion on these commodities. 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. These 
tolerances would be counted among reassessments made toward the August 
2002 review deadline of FFDCA section 408(q), as amended by the Food 
Quality Protection Act (FQPA) of 1996. These tolerances were 
established under section 408 of the FFDCA. EPA is proposing to revoke 
these tolerances because the Agency has canceled the pesticide 
registrations under FIFRA associated with them.

DATES: Comments, identified by docket control number OPP-301195, must 
be received on or before April 8, 2002.

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-301195 in the subject line on the first page of your 
response.

FOR FURTHER INFORMATION CONTACT: By mail: Laura Parsons, Special Review 
and Reregistration Division (7508C), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave, NW., 
Washington, DC 20460; telephone number: (703) 305-5776; 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 Codes         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

[[Page 5554]]

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-301195. 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-301195 in the subject line on 
the first page of your response.
    1. By mail. Submit your comments to: Public Information and Records 
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-301195. 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.

II. Background

A. What Action is the Agency Taking?

    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) 
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. 
The regulatory actions in this document pertain to the proposed 
revocation of 73 tolerances of which 66 would be counted among 
tolerance/exemption reassessments made toward the August 2002 review 
deadline. The remaining seven tolerances are not found in the current 
baseline total of tolerances to be reassessed.
    EPA is proposing to revoke certain tolerances established under 
section 408 of FFDCA for residues of methyl parathion and ethyl 
parathion. The Agency is proposing to revoke these tolerances by 
amending 40 CFR 180.121 to list only the remaining tolerances for 
methyl parathion and by creating 40 CFR 180.122 to list the remaining 
tolerances for ethyl parathion until they expire on December 31, 2005.
    Parathion (methyl and ethyl) tolerances to be revoked 90 days after 
the publication of the final rule: apricots; avocados; blackberries; 
blueberries; boysenberries; clover; cranberries; cucumbers; currants; 
dates; dewberries; eggplants; endive, escarole; figs; filberts, garlic; 
gooseberries; guar beans; guavas; loganberries; mangos; melons; mustard 
seed; okra; olives;

[[Page 5555]]

parsnips, with or without tops; parsnip greens; peppers; pineapples; 
pumpkins; quinces; radishes, with or without tops; radish tops; 
raspberries; safflower seed; squash; strawberries; summer squash; Swiss 
chard; and youngberries. The tolerances for sorghum; sorghum, grain, 
stover; sorghum, grain, forage are proposed to be revoked from methyl 
parathion 90 days after publication of the final rule and for ethyl 
parathion on December 31, 2005. Please note that the tolerance for 
loganberries was inadvertently removed from the parathion tolerance 
listings by 66 FR 1241 (FRL-6752-6).
    Methyl parathion tolerances to be revoked 90 days after the 
publication of the final rule: guar beans and parsley.
    Ethyl parathion tolerances to be revoked 90 days after the 
publication of the final rule: apples; artichokes; beets, greens; 
beets, with or without tops; broccoli, Brussel sprouts; carrots; 
cauliflower; celery; cherries; collards; grapes; kale; kohlrabi; 
lettuce; mustard greens; nectarines; peaches; pears; plums, fresh 
prunes; rutabaga tops; rutabagas, with or without tops; spinach; 
tomatoes; turnip greens; turnips, with or without tops; and vetch. 
Please note that these commodities were removed from the methyl 
parathion listing by 66 FR 1241 (FRL-6752-6).
    Ethyl parathion tolerances to be removed 90 days after the 
publication of the final rule, but tolerances for methyl parathion will 
remain: almonds; almond hulls; beets, sugar; beets, sugar, tops; 
cabbage; dried beans; dried peas; peas, forage; grass, forage; hops; 
oats; onions; peanuts; pecans; rape seed (canola); rice; rye; sweet 
potatoes; walnuts; and white potatoes.
    Ethyl parathion tolerances to be removed on December 31, 2005: 
alfalfa, fresh; alfalfa, hay; barley; corn; corn, forage; cotton, 
undelinted seed; rapeseed; sorghum; sorghum, grain, stover; sorghum, 
grain, forage; soybean; soybean, hay; sunflower, seed; and wheat. 
Except for the tolerances on sorghum products as noted above, these 
tolerances remain for methyl parathion.

B. Why is this Action being Proposed?

    EPA is proposing to revoke tolerances for residues of methyl 
parathion and ethyl parathion on certain commodities listed in 40 CFR 
180.121 for which FIFRA registrations no longer exist. The tolerances 
have been expressed as ``joint'' tolerances; therefore, the tolerance 
on each commodity must be revoked for both pesticides. Unit II.C. 
provides a list of tolerances which will be maintained for methyl 
parathion. All tolerances of ethyl parathion are proposed for 
revocation by or before December 31, 2005.
    The uses of ethyl parathion were canceled for all but nine crops 
per the 1991 Ethyl Parathion Settlement Agreement (December 13, 1991 
(56 FR 65061) (FRL-4003-9), January 29, 1992 (57 FR 3296) (FRL-4044-9) 
and February 20, 1992 (57 FR 6168) (FRL-4049-2)). Use on the remaining 
nine crops was canceled with the 2000 Memorandum of Agreement between 
the registrants and EPA (September 13, 2001 (66 FR 47667) (FRL-6801-
9)). EPA believes that no one needs these tolerances for domestic use 
and has no information on the need for these tolerances for imported 
foods.
    Several uses of methyl parathion were canceled as per the August 2, 
1999, Agreement between the EPA and the registrants. The notice of 
these cancellations was published in the Federal Register October 27, 
1999 (64 FR 57877) (FRL-6387-8). Since these cancellations were based 
on dietary risk, the tolerances for the commodities were revoked in 
accordance with section 408(l)(2) of FFDCA January 5, 2001 (66 FR 1241) 
(FRL-6752-6). The tolerances proposed for revocation in this notice are 
generally the result of the ``joint tolerances'' with ethyl parathion; 
there have been no domestic registrations for many years. Tolerances 
for the commodities listed in Unit II.C. are not affected by this 
proposal.
    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. 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 providing the Agency is able 
to make the appropriate safety finding under FFDCA. However, where 
there is no need to retain a tolerance solely for import purposes, the 
Agency believes it is appropriate to propose to revoke such tolerances.
    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 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 or retain needed tolerances or to register needed new uses. To 
avoid these trade-restricting situations, the Agency is proposing to 
revoke tolerances for residues on crop 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 note that 
additional data may be needed to support retention. In the case of 
ethyl parathion, there are several gaps in the Agency's data base 
including the developmental neurotoxicity study; these data gaps must 
be fulfilled in order to retain ethyl parathion tolerances. 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 the submission 
of the necessary information. If the requisite information is not 
submitted, EPA may issue an order revoking the tolerances at issue.

C. What Tolerances are Not Proposed for Revocation?

    The registrations of methyl parathion for use on several 
commodities were canceled in the Federal Register of October 27, 1999 
(64 FR 57877), pursuant to the August 2, 1999 Settlement Agreement 
between EPA and the registrants. The Settlement Agreement allowed only 
the following uses to be maintained: Alfalfa, almonds, barley, cabbage, 
corn, cotton, dried beans, dried peas, grass, hops, lentils, oats, 
onions, peanuts, pecans, rape seed (canola), rice, rye, soybeans, sugar 
beets, sunflower, sweet potatoes, walnuts, wheat, and white potatoes. 
The 29 tolerances associated with these methyl parathion uses are not 
proposed for revocation.

[[Page 5556]]

D. 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,'' you may not distribute the product 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 section 
3, section 5, or section 18 of FIFRA (7 U.S.C. et seq.) Food-use 
pesticides not registered in the United States (U.S.) have tolerances 
for residues of pesticides in or on commodities imported into the U.S..
    Monitoring and enforcement of pesticide tolerances and exemptions 
are carried out by the U.S. Food and Drug Administration (FDA) and the 
U.S. Department of Agriculture (USDA). This includes monitoring for 
pesticide residues in or on commodities imported into the U.S..

E. What Can I Do If I Wish the Agency to Maintain a Tolerance that the 
Agency Is Proposing to Revoke?

    Consistent with FFDCA section 408, EPA will consider maintaining 
any of the tolerances that EPA is proposing to revoke in this proposed 
rule if the Agency determines that there is a need for such tolerance. 
If you wish that the Agency maintain any of the tolerances that are 
proposed for revocation in this document, submit to the Agency comments 
explaining the need for the tolerance(s). All comments must be 
submitted within 60 days of issuance of this proposal.
    If EPA receives a timely comment explaining a need for a tolerance 
in response to this proposal and determines that there is a need for 
such tolerance, EPA will not proceed to revoke the tolerance based on 
the current proposal and will reassess what regulatory action, if any, 
is appropriate. Further, EPA will determine, based on the information 
provided in the comments and any other available information, whether 
additional data and/or information are needed to support continuation 
of the tolerance. If so, the Agency will take steps to ensure the 
submission of any necessary data and/or information and may issue an 
order in the Federal Register in accordance with FFDCA section 408(f), 
if needed. The order would specify the deadline by which an interested 
party must submit to EPA a written notice that it will submit the 
necessary data and/or information. The order would also specify the 
necessary data and/or information and time frames for their 
submissions. If any of the submissions required in the order is not 
made by the specified deadlines, EPA would likely issue a final rule 
revoking the tolerance in question.
    If EPA does not receive any indication of a need for one or more 
tolerances proposed for revocation in this document, EPA will consider 
the comments that are submitted in response to this proposal and, if 
appropriate, issue a final rule revoking such tolerance(s). You may 
file an objection within 60 days of EPA's issuance of a final rule 
revoking the tolerance(s). 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 in any subsequent 
proceedings.

F. When Do These Actions Become Effective?

    EPA is proposing to make revocations of these tolerances effective 
90 days following publication of a final rule in the Federal Register 
except for the 14 ethyl parathion tolerances for which EPA is proposing 
an effective revocation/expiration date of December 31, 2005. EPA 
intends to delay the effectiveness of the final revocations for 90 days 
following publication of a final rule to ensure that all affected 
parties receive notice of EPA's action. EPA believes that the affected 
commodities should have cleared the channels of trade before the 
effective date of the proposed revocations. However, if EPA is 
presented with information that there would be existing stocks still 
available for use after the expiration date and that the information is 
verified, EPA will consider extending the expiration date of the 
tolerance. If you have comments regarding existing stocks, please 
submit comments as described in Unit I. of this proposal.

G. 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 19, 2001, EPA has assessed over 3,830 tolerances. The 
regulatory actions in this document pertain to the proposed revocation 
of 73 tolerances of which 66 would be counted among tolerance/exemption 
reassessments made toward the August 2002 review deadline. The 
remaining seven tolerances are not found in the current baseline total 
of tolerances to be reassessed.

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. 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/.

[[Page 5557]]

IV. How Do the Regulatory Assessment Requirements Apply to this 
Proposed Rule?

    This rule 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). Because this action 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, of Use (66 FR 
28355, May 22, 2001). 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 require OMB review or any Agency action under Executive Order 13045, 
entitled Protection of Children from Environmental Health Risks and 
Safety Risks (62 FR 19885, April 23, 1997). This action does not 
involve any technical standards that would require Agency consideration 
of voluntary consensus standards pursuant to section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (NTTAA), 
(Public Law 104-113), section 12(d) (15 U.S.C. 272 note). 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 proposed 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 cancelled pesticides. Furthermore, the 
Agency knows of no extraordinary circumstances that exist as to the 
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 
proposed 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 proposed 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: January 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.

    2. By revising Sec. 180.121 paragraph (a) to read as follows:


Sec. 180.121  Methyl parathion; tolerances for residues.

    (a) Tolerances are established for residues of the insecticide 
parathion O, O-Dimethyl-O-p-nitrophenyl thiophosphate (the methyl 
homolog of parathion) in or on the following raw agricultural 
commodities:

------------------------------------------------------------------------
                      Commodity                        Parts per million
------------------------------------------------------------------------
Alfalfa (fresh)......................................               1.25
Alfalfa (hay)........................................                  5
Almonds..............................................                0.1
Almond hulls.........................................                  3
Barley...............................................                  1
Beans, dried.........................................                  1
Beets, sugar.........................................                0.1
Beets, sugar, (tops).................................                0.1
Cabbage..............................................                  1
Corn.................................................                  1
Corn, forage.........................................                  1
Cotton, seed.........................................               0.75
Grass (forage).......................................                  1
Hops.................................................                  1
Oats.................................................                  1
Onions...............................................                  1
Peanuts..............................................                  1
Peas, dried..........................................                  1
Pea, forage..........................................                  1
Pecans...............................................                0.1
Potatoes.............................................                0.1
Rape, seed...........................................                0.2
Rice.................................................                  1
Soybeans.............................................                0.1
Soybean hay..........................................                  1
Sunflower seed.......................................                0.2
Sweet potatoes.......................................                0.1

[[Page 5558]]

 
Walnuts..............................................                0.1
Wheat................................................                  1
------------------------------------------------------------------------

* * * * *

    3. By adding Sec. 180.122 to read as follows:


Sec. 180.122  Parathion; tolerances for residues.

    (a) General. Tolerances are established for residues of the 
insecticide parathion (O, O-Diethyl-O-p-nitrophenyl thiophosphate) in 
or on the following raw agricultural commodities:

------------------------------------------------------------------------
                                                 Parts per     Date of
                   Commodity                      million     expiration
------------------------------------------------------------------------
Alfalfa (fresh)...............................         1.25     12/31/05
Alfalfa (hay).................................            5     12/31/05
Barley........................................            1     12/31/05
Corn..........................................            1     12/31/05
Corn, forage..................................            1     12/31/05
Cotton, seed..................................         0.75     12/31/05
Rape, seed....................................          0.2     12/31/05
Sorghum.......................................          0.1     12/31/05
Sorghum, fodder...............................            3     12/31/05
Sorghum forage................................            3     12/31/05
Soybeans......................................          0.1     12/31/05
Soybean hay...................................            1     12/31/05
Sunflower seed................................          0.2     12/31/05
Wheat.........................................            1     12/31/05
------------------------------------------------------------------------

    (b) Section 18 emergency exemptions. [Reserved]
    (c) Tolerances with regional registrations. [Reserved]
    (d) Indirect or inadvertent residues. [Reserved]
* * * * *
[FR Doc. 02-2513 Filed 2-5-02; 8:45 am]
BILLING CODE 6560-50-S