[Federal Register Volume 67, Number 96 (Friday, May 17, 2002)]
[Rules and Regulations]
[Pages 35045-35050]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-11742]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[OPP-2002 -0037; FRL-6835-7]
RIN 2070-AB78


Pesticides; Removal of Duplicative or Expired Time-limited 
Tolerances for Emergency Exemptions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is amending 40 CFR part 180 to remove time-limited 
tolerances for several pesticides that were originally established to 
support emergency exemptions issued under section 18 of the Federal 
Insecticide, Fungicide, and Rodenticide Act (FIFRA). These time-limited 
tolerances are being removed from 40 CFR part 180 because they have 
since expired or because permanent tolerances have been established for 
the pesticide and commodity covered by the time-limited tolerance. The 
expired time-limited tolerance is obsolete, while the unexpired time-
limited tolerance covered by a permanent tolerance is duplicative. In 
either case, the time-limited tolerance is unnecessary and is being 
removed with this final rule to ensure that the regulatory listings of 
tolerances is properly updated.

DATES: This rule is effective May 17, 2002. Objections and requests for 
hearings, identified by docket control number OPP-2002-0037, must be 
received by EPA on or before July 16, 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 I.C. of the ``SUPPLEMENTARY 
INFORMATION'' section. To ensure proper receipt by EPA, your objections 
and hearing requests must identify docket control number OPP-2002-0037 
in the subject line on the first page of your response.

FOR FURTHER INFORMATION CONTACT: Robert Forrest, Registration Division 
(7505C), Office of Pesticide Programs, Environmental Protection Agency, 
1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone number: 
(703) 308-9376; 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 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/. A frequently updated electronic 
version of 40 CFR part 180 is available at http://www.access.gpo.gov/nara/cfr/cfrhtml_00/Title_40/40cfr180--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-2002-0037. 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 Can I Submit an Objection or Request a Hearing Under FFDCA?

    Although section 408(g) of the Federal Food, Drug, and Cosmetic Act 
(FFDCA), as amended by the Food Quality Protection Act (FQPA), allows 
any person to file an objection or request a hearing when the Agency 
issues a final tolerance action under section 408, EPA does not expect 
that anyone will file an objection or request a hearing for this 
particular rule because the tolerances being revoked here are 
unnecessary duplicates of a permanent tolerance that remains in place 
or are obsolete by their own terms. If, for some reason, anyone wishes 
to file an objection or request for a hearing under section 408(g), 
please follow the EPA procedural regulations which govern the 
submission of objections and requests for hearings that appear in 40 
CFR part 178. Note that the period for filing objections is now 60 
days, rather than 30 days.

II. Authority

A. What is EPA's Authority for Revoking these Tolerances?

    This final rule is issued pursuant to section 408(e) of FFDCA, as 
amended by the FQPA (21 U.S.C. 346a(e)). Section 408 of FFDCA 
authorizes the establishment of tolerances, exemptions from the 
requirement of a tolerance, modifications in tolerances, and revocation 
of tolerances for residues of pesticide chemicals in or on raw 
agricultural commodities and processed foods. Without a tolerance or 
tolerance 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 found to be 
adulterated, the food may not be

[[Page 35046]]

distributed in interstate commerce (21 U.S.C. 331(a) and 342(a)).

B. Why is EPA Issuing this as a Final Rule?

    Section 553 of the Administrative Procedure Act, 5 U.S.C. 
553(b)(B), provides that, when an agency for good cause finds that 
notice and public procedure are impracticable, unnecessary or contrary 
to the public interest, the agency may issue a rule without providing 
notice and an opportunity for public comment. EPA has determined that 
there is good cause for making today's rule final without prior 
proposal and opportunity for comment because the actions taken in this 
final rule represent technical corrections to the regulations and do 
not involve substantive Agency action.
    The removal of an expired time-limited tolerance from 40 CFR part 
180 represents a simple correction of the regulations, and does not 
involve any substantive Agency action. The expiration date for the 
time-limited tolerance is set when the Agency issues the final rule 
that originally establishes, or a subsequent final rule that amends, 
the specific time-limited tolerance. Once that time-limited tolerance 
expires, the associated listing in 40 CFR part 180 is obsolete and must 
be removed to reflect that expiration.
    The revocation of an unexpired time-limited tolerance from 40 CFR 
part 180, however, represents a substantive Agency action. In this 
case, that action is appropriate because the Agency's subsequent 
establishment of a permanent tolerance for the same pesticide chemical 
and commodity that was covered by the time-limited tolerance, causes 
the time-limited tolerance to become obsolete. Although the time-
limited tolerance would expire by its own terms and become obsolete, 
the Agency is removing these tolerances today to eliminate an 
unnecessary duplication in the regulations.
    For these reasons, notice and public procedure are unnecessary. EPA 
finds that this constitutes good cause under 5 U.S.C. 553(b)(B).

III. Overview of Today's Action

A. What Action is EPA Taking?

    For each pesticide chemical and commodity combination listed below, 
EPA previously established a time-limited tolerance, under section 408 
of the FFDCA, 21 U.S.C. 346a, as amended by the FQPA of 1996 (Public 
Law 104-170). EPA established the tolerances because section 408(l)(6) 
of the FFDCA requires EPA to establish a time-limited tolerance or 
exemption from the requirement for a tolerance for pesticide chemical 
residues in food that will result from the use of a pesticide under an 
emergency exemption granted by EPA under section 18 of FIFRA. These 
time-limited tolerances are being removed from 40 CFR part 180 today 
because they have since expired or because permanent tolerances have 
since been established making these time-limited tolerances obsolete or 
unnecessary.

B. Which Time-Limited Tolerances are Obsolete?

    The time-limited tolerances for the following pesticide chemicals 
on specific commodities are being removed from 40 CFR part 180 because 
the time-limited tolerances have expired, or are duplicative of a 
permanent tolerance that the Agency subsequently established for the 
pesticide and commodity covered by the time-limited tolerance. In 
either case, the time-limited tolerance is obsolete and no longer 
necessary:
    1. Avermectin. The time-limited tolerance for celeriac is being 
removed from 40 CFR 180.449 because a permanent tolerance for the same 
pesticide chemical and commodity has been established.
    2. Azoxystrobin. Time-limited tolerances for aspirated soybean 
grain fractions; cucurbits; eggs; kidney of cattle; kidney of goats, 
hogs, and sheep grazed on sugar beets; leaf and head lettuce; liver of 
cattle, goat, horse, sheep, hog, and poultry; meat and fat of cattle, 
goat, horse, sheep, poultry and swine; milk; dried and fresh parsley; 
rice grain; rice hulls; rice straw; soybean meal; soybean oil; soybean 
silage; spinach; sugar beet roots; sugar beet tops; sugar beet 
molasses; dried sugar beet pulp; refined sugar of sugar beet; and 
strawberries; are being removed from 40 CFR 180.507 because they 
expired on or before December 30, 2001. The time-limited tolerance for 
watercress is being removed from 40 CFR part 180 because a permanent 
tolerance for the same pesticide chemical and commodity has been 
established.
    3. Bentazon. The time-limited tolerance for succulent peas is being 
removed from 40 CFR 180.355 because it expired on December 31, 2000.
    4. Bifenthrin. Time-limited tolerances for broccoli; cabbage; 
canola seed; cauliflower; grapes; raspberries; and cucurbit vegetables 
are being removed from 40 CFR 180.442 because they expired on or before 
December 31, 2001.
    5. Carfentrazone-ethyl. Time-limited tolerances for rice grain and 
rice straw are being removed from 40 CFR 180.515 because they expired 
on December 31, 2000.
    6. Chlorfenapyr. Time-limited tolerances for fat; meat byproducts 
and meat of cattle, goats, hogs, horses and sheep; cottonseed; cotton 
gin byproducts; milk; and milk fat are being removed from 40 CFR 
180.513 because they expired on January 31, 2001.
    7. Clomazone. Time-limited tolerances for rice grain, rice straw, 
sugarcane and watermelons are being removed from 40 CFR 180.425 because 
permanent tolerances for the same pesticide chemical and commodities 
have been established.
    8. Cymoxanil. The time-limited tolerance for tomatoes is being 
removed from 40 CFR 180.503 because it expired on May 15, 1999.
    9. Cyprodinil. The time-limited tolerance for strawberries is being 
removed from 40 CFR 180.532 because it expired on May 31, 2001.
    10. Dicloran. Time-limited tolerances for peanut oil and peanuts 
are being removed from 40 CFR 180.200 because they expired on October 
31, 2001.
    11. Diflubenzuron. The time-limited tolerance for pears is being 
removed from 40 CFR 180.377 because it expired on March 31, 2001.
    12. Dimethomorph. Time-limited tolerances for potatoes, tomatoes, 
tomato paste, and tomato puree are being removed from 40 CFR 180.493 
because they expired on or before September 15, 2000.
    13. Endothall. The time-limited tolerance for canola seed is being 
removed from 40 CFR 180.293 because it expired on February 29, 2000.
    14. Ethametsulfuron-methyl. The time-limited tolerance for canola 
is being removed from 40 CFR 180.563 because a permanent tolerance for 
the same pesticide chemical and commodity has been established.
    15. Fenarimol. Time-limited tolerances for filberts and hops are 
being removed from 40 CFR 180.421 because they expired on December 31, 
1998.
    16. Fenoxycarb. The time-limited tolerance for pears is being 
removed from 40 CFR 180.504 because it expired on April 30, 1998.
    17. Fenpropathrin. Time-limited tolerances for soybean forage, 
soybean hay, soybean hulls, soybean meal, refined soybean oil, and 
soybean seed are being removed from 40 CFR 180.466 because they expired 
on December 31, 2001.
    18. Fludioxonil. The time-limited tolerance for strawberry is being 
removed from 40 CFR 180.516 because it expired on May 31, 2001.
    19. Glyphosate. Time-limited tolerances for kidney of cattle, 
goats,

[[Page 35047]]

horses, and sheep; chickpeas; lentils; pea hay; pea vines; dry peas and 
silage hay are being removed from 40 CFR 180.364 because they expired 
on February 29, 2000.
    20. Imidacloprid. Time-limited tolerances for citrus fruits crop 
group; dried citrus pulp; field corn forage; field corn stover 
(fodder); field corn grain; sweet corn fodder; sweet corn forage; sweet 
corn grain and cucurbits vegetable are being removed from 40 CFR 
180.472 because permanent tolerances for the same pesticide chemical 
and commodities have been established.
    21. Lambda-cyhalothrin. Time-limited tolerances for canola seed and 
flax seed are being removed from 40 CFR 180.438 because they expired on 
December 31, 2000.
    22. Maleic hydrazide. Time-limited tolerances for fat, liver, 
kidney, and meat of cattle, goats, hogs, horses, poultry, and sheep; 
eggs; milk; rice bran; rice grain; rice hulls; and rice straw are being 
removed from 40 CFR 180.175 because they expired on September 30, 2000.
    23. Mefenoxam. The time-limited tolerance for canola is being 
removed from 40 CFR 180.546 because it expired on December 31, 2001.
    24. Myclobutanil. Time-limited tolerances for asparagus; 
caneberries; cucurbit vegetables; peppermint; spearmint; strawberries; 
tomato fruit; tomato paste; and tomato puree are being removed from 40 
CFR 180.443 because they expired on or before December 31, 2000.
    25. Oxyfluorfen. The time-limited tolerance for strawberries is 
being removed from 40 CFR 180.381 because it expired on April 15, 2001.
    26. Paraquat. The time-limited tolerance for artichokes is being 
removed from 40 CFR 180.205 because a permanent tolerance for the same 
pesticide chemical and commodity has been established. Time-limited 
tolerances for mustard seed; poultry meat by-products; aspirated grain 
fractions of sorghum; sorghum forage; sorghum grain; and sorghum stover 
are being removed from 40 CFR 180.205 because they expired on or before 
November 15, 1998.
    27. Primisulfuron-methyl. The time-limited tolerance for bluegrass 
hay is being removed from 40 CFR 180.452 because it expired on April 
30, 2000.
    28. Propamocarb hydrochloride. Time-limited tolerances for 
potatoes; fat, meat, meat by-product of cattle, goats, hogs, horse and 
sheep; milk are being removed from 40 CFR 180.499 because they expired 
on September 15, 2000.
    29. Propiconazole. Time-limited tolerances for almond hull and 
almond nut meat are being removed from 40 CFR 180.434 because they 
expired on July 31, 2000.
    30. Propyzamide. Time-limited tolerances for grass forage and grass 
hay are being removed from 40 CFR 180.317 because they expired on 
December 31, 2001.
    31. Pyridate. Time-limited tolerances for peppermint tops (leaves 
and stems) and spearmint tops (leaves and stems) are being removed from 
40 CFR 180.462 because they expired on December 31, 2001.
    32. Pyriproxyfen. Time-limited tolerances for almond hulls, almond 
nutmeats, citrus fruit, citrus juice, citrus oil, dried citrus pulp, 
pears, and tomatoes are being removed from 40 CFR 180.510 because 
permanent tolerances for the same pesticide chemical and commodities 
have been established.
    33. Quinclorac. Time-limited tolerances for fat and meat byproducts 
of cattle, goats, hogs, horses, and sheep; poultry fat; sorghum grain 
fodder (stover); sorghum grain forage; sorghum grain; aspirated grain 
fractions of wheat; wheat forage; wheat grain; milled wheat fractions; 
and wheat straw are being removed from 40 CFR 180.463 because they 
expired on May 30, 2000.
    34. Sethoxydim. Time-limited tolerances for buckwheat and 
horseradish are being removed from 40 CFR 180.412 because they expired 
on or before December 31, 2001.
    35. Sodium Salt of Acifluorfen. Time-limited tolerances for 
cowpeas, lima beans, and Southern peas are being removed from 40 CFR 
180.383 because they expired on December 31, 1998.
    36. Sodium Salt of Fomesafen. Time-limited tolerances for snap 
beans and dry beans are being removed from 40 CFR 180.433 because they 
expired on or before October 31, 1998.
    37. Tebuconazole. Time-limited tolerances for pistachios; milk and 
meat byproducts of cattle, goats, hogs, horses, poultry and sheep are 
being removed from 40 CFR 180.474 because they expired on December 30, 
2000.
    38. Tebufenozide. Time-limited tolerances for apple pomace; apples; 
fat, kidney, liver, meat byproducts and meat of cattle, goats, hogs, 
and sheep; horse meat; cotton gin byproducts; cottonseed hulls; 
cottonseed meal; cottonseed oil; undelinted cottonseed; cranberries; 
leafy vegetable (Cole-brassica); leafy vegetables (non-brassica); milk; 
pears; pecans; peppers; rice bran; rice grain; rice hulls; rice straw; 
soybeans; sugar beet tops; sugar beet roots; dried sugar beet pulp; 
sugar beet molasses; sugar beet refined sugar; sugarcane; sugarcane 
molasses; and turnip tops are being removed from 40 CFR 180.482 because 
they expired on or before December 31, 2001.
    39. Thiamethoxam. Time-limited tolerances for meat and meat 
byproducts of cattle, goat, horse, and sheep; undelinted cotton seed; 
cotton gin byproducts; and milk are being removed from 40 CFR 180.565 
because permanent tolerances for the same pesticide chemical and 
commodities have been established.
    40. Triadimefon. Time-limited tolerances for artichokes, asparagus, 
and chili peppers are being removed from 40 CFR 180.410 because they 
expired on or before September 1, 1999.
    41. Triclopyr. Time-limited tolerances for fish and shellfish are 
being removed from 40 CFR 180.417 because they expired on or before 
June 30, 2000.

IV. Regulatory Assessment Requirements

    This final rule removes obsolete or unnecessary time-limited 
tolerances that were previously established under FFDCA section 408.
    The Office of Management and Budget (OMB) has exempted tolerance 
actions like this revocation 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, this rule is not subject to Executive Order 13045, entitled 
Protection of Children from Environmental Health Risks and Safety Risks 
(62 FR 19885, April 23, 1997), or Executive Order 13211, entitled 
Actions Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use (66 FR 28355, May 22, 2001).
    Because the agency has made a good cause finding that this action 
is not subject to notice-and-comment requirements under the 
Administrative Procedure Act or any other statute (see discussion in 
Unit II.B. of this preamble), it is not subject to the regulatory 
flexibility provisions of the Regulatory Flexibility Act (RFA)(5 U.S.C. 
601 et seq.), or to sections 202 and 205 of the Unfunded Mandates 
Reform Act of 1995 (UMRA)(Public Law 104-4). In addition, this action 
does not significantly or uniquely affect small governments or impose a 
significant intergovernmental mandate, as described in sections 203 and 
204 of UMRA.
    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). This action will not have 
substantial direct effects

[[Page 35048]]

on State or tribal governments, on the relationship between the Federal 
government and States or Indian tribes, or on the distribution of power 
and responsibilities between the Federal government and States or 
Indian tribes. As a result, this action does not require any action 
under Executive Order 13132, entitled Federalism (64 FR 43255, August 
10, 1999), or under Executive Order 13175, entitled Consultation and 
Coordination with Indian Tribal Governments (65 FR 67249, November 6, 
2000).
    Nor does it require 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 Executive Order 12630, entitled Governmental Actions and 
Interference with Constitutionally Protected Property Rights (53 FR 
8859, March 15, 1988).
    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).
    This rule does not impose an information collection burden under 
the provisions of the Paperwork Reduction Act (PRA)(44 U.S.C. 3501 et 
seq.).
    In issuing this rule, EPA has taken the necessary steps to 
eliminate drafting errors and ambiguity, minimize potential litigation, 
and provide a clear legal standard for affected conduct, as required by 
section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996).

V. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., 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. Section 808 allows the issuing agency to make a rule 
effective sooner than otherwise provided by the CRA if the agency makes 
a good cause finding that notice and public procedure is impracticable, 
unnecessary or contrary to the public interest. This determination must 
be supported by a brief statement. 5 U.S.C. 808(2). As stated in Unit 
II.B. of this preamble, EPA has made such a good cause finding for this 
rule, including the reasons therefor, and established an effective date 
of May 17, 2002. 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: April 26, 2002.
Donald R. Stubbs,
 Acting Director, Registration Division, Office of Pesticide Programs.

    Therefore, 40 CFR chapter I is amended as follows:

PART 180--[AMENDED]

    1. The authority citation for part 180 continues to read as 
follows:

    Authority: 21 U.S.C. 321(q), 346(a) and 374.

Sec. 180.175  [Amended]

    2. In Sec. 180.175, the text of paragraph (b) following the 
paragraph heading is removed and reserved.


Sec. 180.200  [Amended]

    3. In Sec. 180.200, the text of paragraph (b) following the 
paragraph heading is removed and reserved.


Sec. 180.205  [Amended]

    4. In Sec. 180.205, the text of paragraph (b) following the 
paragraph heading is removed and reserved.


Sec. 180.293  [Amended]

    5. In Sec. 180.293, the text of paragraph (b) following the 
paragraph heading is removed and reserved.


Sec. 180.317  [Amended]

    6. In Sec. 180.317, in the table in paragraph (b), remove the 
entries grass, forage and grass, hay.


Sec. 180.355  [Amended]

    7. In Sec. 180.355, the text of paragraph (b) following the 
paragraph heading is removed and reserved.


Sec. 180.364  [Amended]

    8. In Sec. 180.364, the text of paragraph (b) following the 
paragraph heading is removed and reserved.


Sec. 180.377  [Amended]

    9. In Sec. 180.377, the text of paragraph (b) following the 
paragraph heading is removed and reserved.


Sec. 180.381  [Amended]

    10. In Sec. 180.381, the text of paragraph (b) following the 
paragraph heading is removed and reserved.


Sec. 180.383  [Amended]

    11. In Sec. 180.383, the text of paragraph (b) following the 
paragraph heading is removed and reserved.


Sec. 180.410  [Amended]

    12. In Sec. 180.410, the text of paragraph (b) following the 
paragraph heading is removed and reserved.


Sec. 180.412  [Amended]

    13. In Sec. 180.412, in the table in paragraph (b), remove the 
entries buckwheat and horseradish.


Sec. 180.417  [Amended]

    14. In Sec. 180.417, the text of paragraph (b) following the 
paragraph heading is removed and reserved.


Sec. 180.421  [Amended]

    15. In Sec. 180.421, the text of paragraph (b) following the 
paragraph heading is removed and reserved.


Sec. 180.425  [Amended]

    16. In Sec. 180.425, the text of paragraph (b) following the 
paragraph heading is removed and reserved.


Sec. 180.433  [Amended]

    17. In Sec. 180.433, the text of paragraph (b) following the 
paragraph heading is removed and reserved.


Sec. 180.434  [Amended]

    18. In Sec. 180.434, in the table in paragraph (b), remove the 
entries for ``Almond hull'' and ``Almond nut meat''.


Sec. 180.438  [Amended]

    19. In Sec. 180.438, in the table in paragraph (b), remove the 
entries for ``Canola, seed'' and ``Flax, seed''.
    20. In Sec. 180.442, the table in paragraph (b) is revised to read 
as follows:


Sec. 180.442  Bifenthrin; tolerances for residues.

* * * * *
    (b) * * *

------------------------------------------------------------------------
                                                            Expiration/
                 Commodity                    Parts per     revocation
                                               million         date
------------------------------------------------------------------------
Citrus.....................................         0.05        12/31/02
Citrus, dried pulp.........................          0.3        12/31/02
Citrus, oil................................          0.3        12/31/02
Peanut.....................................         0.05        12/31/03
Potato.....................................         0.05        12/31/02
------------------------------------------------------------------------

* * * * *

[[Page 35049]]

    21. In Sec. 180.443, the table in paragraph (b) is revised to read 
as follows:


Sec. 180.443  Myclobutanil; tolerances for residues.

* * * * *
    (b) * * *

------------------------------------------------------------------------
                                                            Expiration/
                 Commodity                    Parts per     revocation
                                               million         date
------------------------------------------------------------------------
Artichoke, globe...........................          1.0         6/30/03
Beet, sugar, dried pulp....................          1.0        12/31/02
Beet, sugar, molasses......................          1.0        12/31/02
Beet, sugar, refined sugar.................         0.70        12/31/02
Beet, sugar, roots.........................         0.05        12/31/02
Beet, sugar, tops..........................          1.0        12/31/02
Hop, dried cones...........................          5.0        12/31/03
Pepper.....................................          1.0         6/30/03
------------------------------------------------------------------------

* * * * *


Sec. 180.449  [Amended]

    22. In Sec. 180.449, in the table in paragraph (b), remove the 
entry for ``Celeriac''.


Sec. 180.452  [Amended]

    23. In Sec. 180.452, the text of paragraph (b) following the 
paragraph heading is removed and reserved.


Sec. 180.462  [Amended]

    24. In Sec. 180.462, the text of paragraph (b) following the 
paragraph heading is removed and reserved.


Sec. 180.463  [Amended]

    25. In Sec. 180.463, the text of paragraph (b) following the 
paragraph heading is removed and reserved.
    26. In Sec. 180.466, the table in paragraph (b) is revised to read 
as follows:


Sec. 180.466  Fenpropathrin; tolerances for residues.

* * * * *
    (b) * * *

------------------------------------------------------------------------
                                                             Expiration/
                   Commodity                     Parts per    revocation
                                                  million        date
------------------------------------------------------------------------
Currant.......................................           15     12/31/03
------------------------------------------------------------------------

* * * * *
    27. In Sec. 180.472, the table in paragraph (b) is revised to read 
as follows:


Sec. 180.472  Imidacloprid; tolerances for residues.

* * * * *
    (b) * * *

------------------------------------------------------------------------
                                                            Expiration/
                 Commodity                    Parts per     revocation
                                               million         date
------------------------------------------------------------------------
Almond.....................................         0.05        12/31/03
Almond, hulls..............................          4.0        12/31/03
Blueberry..................................          1.0        12/31/03
Cranberry..................................          0.5        12/31/03
Plum, prune................................         10.0        12/31/03
Stone fruit................................          3.0        12/31/03
Strawberry.................................          0.1         6/30/02
Vegetable, legume..........................          1.0         6/30/02
------------------------------------------------------------------------

* * * * *


Sec. 180.474  [Amended]

    28. In Sec. 180.474, in the table in paragraph (b)(1), remove the 
entry for ``Pistachios'', remove paragraph (b)(1) paragraph heading, 
redesignate paragraph (b)(1) as paragraph (b), and remove paragraph 
(b)(2).
    29. In Sec. 180.482, the table in paragraph (b) is revised to read 
as follows:


Sec. 180.482  Tebufenozide; tolerances for residues.

* * * * *
    (b) * * *

------------------------------------------------------------------------
                                                            Expiration/
                 Commodity                    Parts per     revocation
                                               million         date
------------------------------------------------------------------------
Beet, garden, roots........................          0.3        12/31/02
Beet, garden, tops.........................          9.0        12/31/02
Egg........................................         0.01         6/30/03
Grape......................................          3.0        12/31/03
Grass, forage..............................            5         6/30/03
Grass, hay.................................           18         6/30/03
Longan.....................................          1.0        12/31/03
Lychee.....................................          1.0        12/31/03
Peanut.....................................         0.05         6/30/03
Peanut, hay................................            5         6/30/03
Peanut, meal...............................         0.15         6/30/03
Peanut, refined oil........................         0.15         6/30/03
Poultry, fat...............................          0.1         6/30/03
Poultry, meat..............................         0.01         6/30/03
Poultry, meat byproducts...................         0.05         6/30/03
Sunflower, seed............................          1.5        12/31/02
Sweet potato, roots........................         0.25        12/31/02
Vegetable, foliage of legume, group........          7.0        12/31/02
Vegetable, legume, group...................          2.0        12/31/02
------------------------------------------------------------------------

* * * * *


Sec. 180.493  [Amended]

    30. In Sec. 180.493, in the table to paragraph (b), remove the 
entries for ``Potatoes'', ``Tomatoes'', ``Tomato paste'', and ``Tomato 
puree''.
    31. In Sec. 180.499, the table in paragraph (b) is revised to read 
as follows:


Sec. 180.499  Propamocarb hydrochloride; tolerances for residues.

* * * * *
    (b) * * *

------------------------------------------------------------------------
                                           Parts per      Expiration/
                Commodity                   million     revocation date
------------------------------------------------------------------------
Tomato..................................          2.0           12/31/03
Tomato, paste...........................          5.0           12/31/03
------------------------------------------------------------------------

* * * * *


Sec. 180.503  [Amended]

    32. In Sec. 180.503, in the table in paragraph (b), remove the 
entry for ``Tomatoes.''


Sec. 180.504  [Removed and Reserved]

    33. Section 180.504, is removed and reserved.
    34. In Sec. 180.507, the table in paragraph (b) is revised to read 
as follows:


Sec. 180.507  Azoxystrobin; tolerances for residues.

* * * * *
    (b) * * *

------------------------------------------------------------------------
                                                            Expiration/
                 Commodity                    Parts per     revocation
                                               million         date
------------------------------------------------------------------------
Brassica, head and Stem, subgroup..........           30        12/31/03
Chickpea, seed.............................          0.5        12/31/03
Lychee.....................................          3.0        12/31/03
Pepper.....................................          2.0        12/31/03
------------------------------------------------------------------------

* * * * *
    35. In Sec. 180.510, the table in paragraph (b) is revised to read 
as follows:


Sec. 180.510  Pyriproxyfen; tolerances for residues.

* * * * *
    (b)* * *

------------------------------------------------------------------------
                                                            Expiration/
                 Commodity                    Parts per     revocation
                                               million         date
------------------------------------------------------------------------
Bean, succulent............................         0.10         6/30/03
Stone fruits (Crop Group 12)...............          0.1        12/31/02
------------------------------------------------------------------------

* * * * *


Sec. 180.513  [Removed and Reserved]

    36. Section 180.513, is removed and reserved.

[[Page 35050]]

Sec. 180.515  [Amended]

    37. In Sec. 180.515, in the table in paragraph (b), remove the 
entries for ``Rice, grain'' and ``Rice, straw''.


Sec. 180.516  [Amended]

    38. In Sec. 180.516, in the table in paragraph (b), remove the 
entry ``Strawberry''.


Sec. 180.532  [Amended]

    39. In Sec. 180.532, in the table to paragraph (b), remove the 
entry ``Strawberries''.


Sec. 180.546  [Amended]

    40. In Sec. 180.546, the text of paragraph (b) following the 
paragraph heading is removed and reserved.


Sec. 180.563  [Amended]

    41. In Sec. 180.563, the text of paragraph (b) following the 
paragraph heading is removed and reserved.


Sec. 180.565  [Amended]

    42. In Sec. 180.565, the text of paragraph (b) following the 
paragraph heading is removed and reserved.
[FR Doc. 02-11742 Filed 5-16-02; 8:45 am]
BILLING CODE 6560-50-S