[Federal Register Volume 67, Number 113 (Wednesday, June 12, 2002)]
[Rules and Regulations]
[Pages 40203-40211]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-14770]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[OPP-2002-0072; FRL-7178-1]


Carfentrazone-ethyl; Pesticide Tolerances for Emergency 
Exemptions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY:  This regulation establishes time-limited tolerances for 
combined residues of carfentrazone-ethyl (ethyl-[alpha],2-dichloro-5-
[4-(difluoromethyl)-4,5-dihydro-3-methyl-5-oxo-1H-1,2,4-triazol-1-yl)-
4-fluorobenzenepropanoate) and carfentrazone-ethyl chloropropionic acid 
([alpha],2-dichloro-5-[4-(difluoromethyl)-4,5-dihydro-3-methyl-5-oxo-
1H-1,2,4-triazol-1-yl]-4-fluorobenzenepropanoic acid) in or on fruiting 
vegetables (except cucurbits) (crop group 8), tomato paste and tomato 
puree. This action is in response to EPA's granting of an emergency 
exemption under section 18 of the Federal Insecticide, Fungicide, and 
Rodenticide Act (FIFRA) authorizing use of the pesticide on fruiting 
vegetables (except cucurbits) (crop group 8). This regulation 
establishes a maximum permissible level for residues of carfentrazone-
ethyl in these food commodities. These tolerances will expire and are 
revoked on June 30, 2004. This document also reinstates the commodity 
``soybean seed'' which was inadvertently omitted in a previous revision 
published in the Federal Register.

DATES: This regulation is effective June 12, 2002. Objections and 
requests for hearings, identified by docket ID number OPP-2002-0072, 
must be received on or before August 12, 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 VII. of the SUPPLEMENTARY 
INFORMATION. To ensure proper receipt by EPA, your objections and 
hearing requests must identify docket ID number OPP-2002-0072 in the 
subject line on the first page of your response.

FOR FURTHER INFORMATION CONTACT: By mail: Barbara Madden, Registration 
Division (7505C), Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; 
telephone number: (703) 305-6463; e-mail address: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be potentially 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
------------------------------------------------------------------------


[[Page 40204]]

    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. To access the OPPTS Harmonized Guidelines referenced 
in this document, go directly to the guidelines at http://www.epa.gov/opptsfrs/home/guidelin.htm.
    2. In person. The Agency has established an official record for 
this action under docket ID number OPP-2002-0072. The official record 
consists of the documents specifically referenced in this action, and 
other information related to this action, including any information 
claimed as Confidential Business Information (CBI). This official 
record includes the documents that are physically located in the 
docket, as well as the documents that are referenced in those 
documents. The public version of the official record does not include 
any information claimed as CBI. The public version of the official 
record, which includes printed, paper versions of any electronic 
comments submitted during an applicable comment period is available for 
inspection in the Public Information and Records Integrity Branch 
(PIRIB), Rm. 119, Crystal Mall 2, 1921 Jefferson Davis Hwy., 
Arlington, VA, from 8:30 a.m. to 4 p.m., Monday through Friday, 
excluding legal holidays. The PIRIB telephone number is (703) 305-5805.

II. Background and Statutory Findings

    EPA, on its own initiative, in accordance with sections 408(e) and 
section 408(l)(6) of the Federal Food, Drug, and Cosmetic Act (FFDCA), 
21 U.S.C. 346a, is establishing tolerances for combined residues of the 
herbicide carfentrazone-ethyl, (ethyl-[alpha],2-dichloro-5-[4-
(difluoromethyl)-4,5-dihydro-3-methyl-5-oxo-1H-1,2,4-triazol-1-yl)-4-
fluorobenzenepropanoate) and carfentrazone-ethyl chloropropionic acid 
([alpha],2-dichloro-5-[4-(difluoromethyl)-4,5-dihydro-3-methyl-5-oxo-
1H-1,2,4-triazol-1-yl]-4-fluorobenzenepropanoic acid) in or on fruiting 
vegetables (except cucurbits) (crop group 8) at 0.10 part per million 
(ppm), tomato paste at 0.60 ppm, and tomato puree at 0.60 ppm. These 
tolerances will expire and are revoked on June 30, 2004. EPA will 
publish a document in the Federal Register to remove the revoked 
tolerances from the Code of Federal Regulations.
    In the Federal Register of September 30, 1998 (63 FR 65078) (FRL-
6032-1), the section for carfentrazone-ethyl was added to 40 CFR part 
180. The commodity ``soybean seed'' was included at that time. In the 
Federal Register of August 9, 2000 (65 FR 48626) (FRL-6597-7), 
Sec. 180.515(a) was revised and the commodity ``soybean seed'' was 
inadvertently omitted. This document will amend Sec. 180.515(a) to add 
``soybean seed.''
    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. Such tolerances can be established without providing notice 
or period for public comment. EPA does not intend for its actions on 
section 18 related tolerances to set binding precedents for the 
application of section 408 and the new safety standard to other 
tolerances and exemptions. Section 408(e) of the FFDCA allows EPA to 
establish a tolerance or an exemption from the requirement of a 
tolerance on its own initiative, i.e., without having received any 
petition from an outside party.
    Section 408(b)(2)(A)(i) of the FFDCA allows EPA to establish a 
tolerance (the legal limit for a pesticide chemical residue in or on a 
food) only if EPA determines that the tolerance is ``safe.'' Section 
408(b)(2)(A)(ii) defines ``safe'' to mean that ``there is a reasonable 
certainty that no harm will result from aggregate exposure to the 
pesticide chemical residue, including all anticipated dietary exposures 
and all other exposures for which there is reliable information.'' This 
includes exposure through drinking water and in residential settings, 
but does not include occupational exposure. Section 408(b)(2)(C) 
requires EPA to give special consideration to exposure of infants and 
children to the pesticide chemical residue in establishing a tolerance 
and to ``ensure that there is a reasonable certainty that no harm will 
result to infants and children from aggregate exposure to the pesticide 
chemical residue. . . .''
    Section 18 of FIFRA authorizes EPA to exempt any Federal or State 
agency from any provision of FIFRA, if EPA determines that ``emergency 
conditions exist which require such exemption.'' This provision was not 
amended by the Food Quality Protection Act (FQPA). EPA has established 
regulations governing such emergency exemptions in 40 CFR part 166.

III. Emergency Exemption for Carfentrazone-ethyl on Fruiting Vegetables 
(Except Cucurbits) (Crop Group 8) and FFDCA Tolerances

    Paraquat resistant nightshade (Solanum spp.), common groundsel 
(Portulaca oleracea), and morningglory (Ipomoea spp.) are difficult to 
control warm season, annual broadleaf weeds that reproduce by seeds. 
They have high reproductive potential and can be very competitive with 
tomatoes, peppers, or eggplant during crop establishment.
    The alternative chemicals for postemergence control consist of 
paraquat, diquat, or Enquik (monocarbamide dihydrogen sulfate). 
Paraquat and diquat resistance, up to 20 fold (increase in rate), has 
been documented in nightshade species in Florida. Enquik is very 
corrosive and does not provide acceptable control of nightshade, common 
purslane, or morningglory. In fact the Enquik label recommends tank 
mixing with paraquat when used in tomatoes. The chemicals registered 
for preemergence control of broadleaf weeds in Florida consist of 
metribuzin, metolachlor, napropamide, and trifluralin. These herbicides 
do not control nightshade spp., common groundsel, or morningglory. 
Cultivation and hand weeding will destroy the plastic sheeting used 
under the crop. The State anticipates yield losses of tomatoes due to 
nightshade infestations can be greater than 10% compared to the next 
best alternative. Data from Purdue indicates yield loss averages 5-10% 
in tomatoes and heavy infestations can cause up to 50% yield loss.

[[Page 40205]]

 Nightshade species and common groundsel also act as a secondary host 
for silverleaf whitefly and the pepper weevil both of which can vector 
Gemini viruses. The applicant says that yield losses due to viruses 
such as tomato motile virus and tomato yellow leafcurl virus can reduce 
yields up to 60% or more. Data from Texas in peppers indicates the 
pepper weevil can directly reduce yields by up to 50% due to the larvae 
feeding on the fruit. The Agency estimates that yield losses due to 
weeds and the insects they harbor can be in the range of 10 to 60%. EPA 
has authorized under FIFRA section 18 the use of carfentrazone-ethyl on 
fruiting vegetables (except cucurbits) (crop group 8) for control of 
nightshade, morningglory, and purslane in Florida. After having 
reviewed the submission, EPA concurs that emergency conditions exist 
for this State.
    As part of its assessment of this emergency exemption, EPA assessed 
the potential risks presented by residues of carfentrazone-ethyl in or 
on fruiting vegetables (except cucurbits) (crop group 8). In doing so, 
EPA considered the safety standard in FFDCA section 408(b)(2), and EPA 
decided that the necessary tolerance under FFDCA section 408(l)(6) 
would be consistent with the safety standard and with FIFRA section 18. 
Consistent with the need to move quickly on the emergency exemption in 
order to address an urgent non-routine situation and to ensure that the 
resulting food is safe and lawful, EPA is issuing these tolerances 
without notice and opportunity for public comment as provided in 
section 408(l)(6). Although these tolerances will expire and are 
revoked on June 30, 2004, under FFDCA section 408(l)(5), residues of 
the pesticide not in excess of the amounts specified in the tolerance 
remaining in or on fruiting vegetables (except cucurbits) (crop group 
8) after that date will not be unlawful, provided the pesticide is 
applied in a manner that was lawful under FIFRA, and the residues do 
not exceed a level that was authorized by this tolerance at the time of 
that application. EPA will take action to revoke these tolerances 
earlier if any experience with, scientific data on, or other relevant 
information on this pesticide indicate that the residues are not safe.
    Because these tolerances are being approved under emergency 
conditions, EPA has not made any decisions about whether carfentrazone-
ethyl meets EPA's registration requirements for use on fruiting 
vegetables (except cucurbits) (crop group 8) or whether a permanent 
tolerance for this use would be appropriate. Under these circumstances, 
EPA does not believe that these tolerances serve as a basis for 
registration of carfentrazone-ethyl by a State for special local needs 
under FIFRA section 24(c). Nor do these tolerances serve as the basis 
for any State other than Florida to use this pesticide on this crop 
under section 18 of FIFRA without following all provisions of EPA's 
regulations implementing section 18 as identified in 40 CFR part 166. 
For additional information regarding the emergency exemption for 
carfentrazone-ethyl, contact the Agency's Registration Division at the 
address provided under FOR FURTHER INFORMATION CONTACT.

IV. Aggregate Risk Assessment and Determination of Safety

    EPA performs a number of analyses to determine the risks from 
aggregate exposure to pesticide residues. For further discussion of the 
regulatory requirements of section 408 and a complete description of 
the risk assessment process, see the final rule on Bifenthrin Pesticide 
Tolerances (62 FR 62961, November 26, 1997) (FRL-5754-7).
    Consistent with section 408(b)(2)(D), EPA has reviewed the 
available scientific data and other relevant information in support of 
this action. EPA has sufficient data to assess the hazards of 
carfentrazone-ethyl and to make a determination on aggregate exposure, 
consistent with section 408(b)(2), for time-limited tolerances for 
combined residues of carfentrazone-ethyl, (ethyl-[alpha],2-dichloro-5-
[4-(difluoromethyl)-4,5-dihydro-3-methyl-5-oxo-1H-1,2,4-triazol-1-yl)-
4-fluorobenzenepropanoate) and carfentrazone-ethyl chloropropionic acid 
([alpha],2-dichloro-5-[4-(difluoromethyl)-4,5-dihydro-3-methyl-5-oxo-
1H-1,2,4-triazol-1-yl]-4-fluorobenzenepropanoic acid) carfentrazone-
ethyl, in or on fruiting vegetables (except cucurbits) (crop group 8) 
at 0.10 ppm, tomato paste at 0.60 ppm, and tomato puree at 0.60 ppm. 
EPA's assessment of the dietary exposures and risks associated with 
establishing the tolerance follows.

A. Toxicological Endpoints

    The dose at which no adverse effects are observed (the NOAEL) from 
the toxicology study identified as appropriate for use in risk 
assessment is used to estimate the toxicological endpoint. However, the 
lowest dose at which adverse effects of concern are identified (the 
LOAEL) is sometimes used for risk assessment if no NOAEL was achieved 
in the toxicology study selected. An uncertainty factor (UF) is applied 
to reflect uncertainties inherent in the extrapolation from laboratory 
animal data to humans and in the variations in sensitivity among 
members of the human population as well as other unknowns. An UF of 100 
is routinely used, 10X to account for interspecies differences and 10X 
for intraspecies differences.
    For dietary risk assessment (other than cancer) the Agency uses the 
UF to calculate an acute or chronic reference dose (acute RfD or 
chronic RfD) where the RfD is equal to the NOAEL divided by the 
appropriate UF (RfD = NOAEL/UF). Where an additional safety factor is 
retained due to concerns unique to the FQPA, this additional factor is 
applied to the RfD by dividing the RfD by such additional factor. The 
acute or chronic Population Adjusted Dose (aPAD or cPAD) is a 
modification of the RfD to accommodate this type of FQPA Safety Factor.
    For non-dietary risk assessments (other than cancer) the UF is used 
to determine the level of concern (LOC). For example, when 100 is the 
appropriate UF (10X to account for interspecies differences and 10X for 
intraspecies differences) the LOC is 100. To estimate risk, a ratio of 
the NOAEL to exposures (margin of exposure (MOE) = NOAEL/exposure) is 
calculated and compared to the LOC.
    The linear default risk methodology (Q*) is the primary method 
currently used by the Agency to quantify carcinogenic risk. The Q* 
approach assumes that any amount of exposure will lead to some degree 
of cancer risk. A Q* is calculated and used to estimate risk which 
represents a probability of occurrence of additional cancer cases 
(e.g., risk is expressed as 1 x 10-\6\ or one in a million). 
Under certain specific circumstances, MOE calculations will be used for 
the carcinogenic risk assessment. In this non-linear approach, a 
``point of departure'' is identified below which carcinogenic effects 
are not expected. The point of departure is typically a NOAEL based on 
an endpoint related to cancer effects though it may be a different 
value derived from the dose response curve. To estimate risk, a ratio 
of the point of departure to exposure (MOEcancer = point of 
departure/exposures) is calculated. A summary of the toxicological 
endpoints for carfentrazone-ethyl used for human risk assessment is 
shown in the following Table 1:

[[Page 40206]]



 Table 1.--Summary of Toxicological Doses and Endpoints for Carfentrazone-ethyl for Use in Human Risk Assessment
----------------------------------------------------------------------------------------------------------------
                                 Dose Used in    FQPA SF* and LOC
      Exposure Scenario        Risk Assessment,      for Risk             Study and Toxicological Effects
                                      UF            Assessment
----------------------------------------------------------------------------------------------------------------
Acute dietary (General         NOAEL = 500 mg/   FQPA SF = 1                   Acute neurotoxicity study in rats
 population including females   kg/day           aPAD = acute RfD/     LOAEL = 1,000 mg/kg/day based on clinical
 13-50 years of age, infants,  UF = 100........   FQPA.            observations (i.e., salivation) and decreased
 and children)                 Acute RfD = 5 mg/ SF = 5 mg/kg/day                                motor activity.
                                kg/day.
                                 ..............
----------------------------------------------------------------------------------------------------------------
Chronic dietary (All           NOAEL = 3 mg/kg/  FQPA SF = 1            Two-year chronic toxicity study in rats.
 populations)                   day              cPAD = chronic              LOAEL = 12 mg/kg/day based on liver
                               UF = 100........   RfD/.             histopathology (increases in microscopic red
                               Chronic RfD =     FQPA............  fluorescence of the liver, liver pigment) and
                                0.03 mg/kg/day.  SF = 0.03 mg/kg/                  total mean urinary porphyrin.
                                                  day.
----------------------------------------------------------------------------------------------------------------
Short-term incidental oral     NOAEL = 500 mg/   LOC for MOE =                Acute neurotoxicity study in rats.
 exposures (1 to 7 days)        kg/day            100                  LOAEL = 1,000 mg/kg/day based on clinical
                                                  (residential)    observations (i.e., salivation) and decreased
                                                                                                 motor activity.
----------------------------------------------------------------------------------------------------------------
Intermediate-term incidental   NOAEL = 50 mg/kg/ LOC for MOE =        Subchronic oral toxicity study in the dog.
 oral exposures (1 week to      day               100                   LOAEL = 150 mg/kg/day based on decreased
 several months)                                  (residential)         body weight gain and increased porphyrin
                                                                                                         levels.
----------------------------------------------------------------------------------------------------------------
Short-term dermal (1 to 7      None              None                No systemic toxicity was seen at the limit-
 days) and intermediate-term                                           dose (1,000 mg/kg/day) in a 21-day dermal
 dermal (1 week to several                                                               toxicity study in rats.
 months) (residential)
----------------------------------------------------------------------------------------------------------------
Long-term dermal (several      None              None                                                       None
 months to lifetime)
 (residential)
----------------------------------------------------------------------------------------------------------------
Short-term inhalation (1 to 7  Inhalation (or    LOC for MOE =                Acute neurotoxicity study in rats.
 days) (residential)            oral) study       100                  LOAEL = 1,000 mg/kg/day based on clinical
                               NOAEL= 500 mg/kg/ (residential)...      observations (i.e., salivation) and motor
                                day.               ..............                               activity changes
                               (inhalation         ..............
                                absorption rate
                                = 100%).
----------------------------------------------------------------------------------------------------------------
Intermediate-term inhalation   Inhalation (or    LOC for MOE =                Subchronic toxicity study in dogs.
 (1 week to several months)     oral) study       100              LOAEL = 150 mg/kg/day based on decreased body
 (residential)                 NOAEL= 50 mg/kg/   (residential)       weight gain and increased porphyrin levels
                                day (inhalation
                                absorption rate
                                = 100%).
----------------------------------------------------------------------------------------------------------------
Long-term inhalation (several  Inhalation (or    LOC for MOE =                   Chronic toxicity study in rats.
 months to lifetime)            oral) study       100                        LOAEL = 12 mg/kg/day based on liver
 (residential)                 NOAEL= 3 mg/kg/    (residential)             histopathology and increased urinary
                                day (inhalation                                                porphyrin levels.
                                absorption rate
                                = 100%).
----------------------------------------------------------------------------------------------------------------
Cancer (oral, dermal,          Carfentrazone-    None                There was no evidence of carcinogenicity in
 inhalation)                    ethyl has been                     either a mouse carcinogenicity study or a rat
                                classified as                                             carcinogenicity study.
                                ``not likely''
                                to be a human
                                carcinogen.
----------------------------------------------------------------------------------------------------------------
* The reference to the FQPA Safety Factor refers to any additional safety factor retained due to concerns unique
  to the FQPA.

B. Exposure Assessment

    1. Dietary exposure from food and feed uses. Tolerances have been 
established (40 CFR 180.515) for the combined residues of 
carfentrazone-ethyl, in or on a variety of raw agricultural commodities 
including corn, cereal grains, cotton, rice, soybeans and sorghum. Risk 
assessments were conducted by EPA to assess dietary exposures from 
carfentrazone-ethyl in food as follows:
    i. Acute exposure. Acute dietary risk assessments are performed for 
a food-use pesticide if a toxicological study has indicated the 
possibility of an effect of concern occurring as a result of a 1 day or 
single exposure. The Dietary Exposure Evaluation Model (DEEM[reg]) 
analysis evaluated the individual food consumption as reported by 
respondents in the USDA 1989-1992 nationwide Continuing Surveys of Food 
Intake by Individuals (CSFII) and accumulated exposure to the chemical 
for each commodity. The following assumptions were made for the acute 
exposure assessments: 100% crop treated, tolerance level residues for 
all commodities, and DEEM[reg] default processing factors for all 
registered and proposed commodities.
    ii. Chronic exposure. In conducting this chronic dietary risk 
assessment, the DEEM[reg] analysis evaluated the individual food 
consumption as reported by respondents in the USDA 1989-1992 nationwide 
CSFII and accumulated exposure to the chemical for each commodity. The 
following assumptions were made for the chronic exposure assessments: 
100% crop treated, tolerance level residues for all commodities, and 
DEEM[reg] default

[[Page 40207]]

processing factors for all registered and proposed commodities.
    iii. Cancer. Carfentrazone-ethyl has been classified as ``not 
likely'' to be a human carcinogen. Therefore, risk assessments to 
estimate cancer risk were not conducted.
    2. Dietary exposure from drinking water. The Agency lacks 
sufficient monitoring exposure data to complete a comprehensive dietary 
exposure analysis and risk assessment for carfentrazone-ethyl in 
drinking water. Because the Agency does not have comprehensive 
monitoring data, drinking water concentration estimates are made by 
reliance on simulation or modeling taking into account data on the 
physical characteristics of carfentrazone-ethyl.
    The Agency uses the First Index Reservoir Screening Tool (FIRST) or 
the Pesticide Root Zone/Exposure Analysis Modeling System (PRZM/EXAMS) 
to produce estimates of pesticide concentrations in an index reservoir. 
The SCI-GROW model is used to predict pesticide concentrations in 
shallow ground water. For a screening-level assessment for surface 
water, EPA will generally use FIRST (a tier 1 model) before using PRZM/
EXAMS (a tier 2 model). The FIRST model is a subset of the PRZM/EXAMS 
model that uses a specific high-end runoff scenario for pesticides. 
While both FIRST and PRZM/EXAMS incorporate an index reservoir 
environment, the PRZM/EXAMS model includes a percent crop area factor 
as an adjustment to account for the maximum percent crop coverage 
within a watershed or drainage basin.
    None of these models include consideration of the impact processing 
(mixing, dilution, or treatment) of raw water for distribution as 
drinking water would likely have on the removal of pesticides from the 
source water. The primary use of these models by the Agency at this 
stage is to provide a coarse screen for sorting out pesticides for 
which it is highly unlikely that drinking water concentrations would 
ever exceed human health levels of concern.
    Since the models used are considered to be screening tools in the 
risk assessment process, the Agency does not use estimated 
environmental concentrations (EECs) from these models to quantify 
drinking water exposure and risk as a %RfD or %PAD. Instead drinking 
water levels of comparisons (DWLOCs) are calculated and used as a point 
of comparison against the model estimates of a pesticide's 
concentration in water. DWLOCs are theoretical upper limits on a 
pesticide's concentration in drinking water in light of total aggregate 
exposure to a pesticide in food, and from residential uses. Since 
DWLOCs address total aggregate exposure to carfentrazone-ethyl, they 
are further discussed in the aggregate risk sections below.
    Based on the FIRST and SCI-GROW models, the EECs of carfentrazone-
ethyl for acute exposures are estimated to be 34.3 parts per billion 
(ppb) for surface water and 13.4 ppb for ground water. The EECs for 
chronic exposures are estimated to be 19 ppb for surface water and 13.4 
ppb for ground water.
    3. From non-dietary exposure. The term ``residential exposure'' is 
used in this document to refer to non-occupational, non-dietary 
exposure (e.g., for lawn and garden pest control, indoor pest control, 
termiticides, and flea and tick control on pets).
    Carfentrazone-ethyl is currently registered for use on the 
following residential non-dietary sites: Ornamental lawns and turf, 
including residential and institutional lawns. Therefore, the Agency 
assessed the estimated exposure from non-dietary exposures. The Agency 
assessed the non-dietary incidental ingestion via hand-to-mouth 
exposure by a toddler as this scenario was anticipated to represent the 
highest exposure potential in the residential setting. Since dermal 
endpoints have not been selected, no residential post-application 
dermal assessment was conducted.
    4. Cumulative exposure to substances with a common mechanism of 
toxicity. Section 408(b)(2)(D)(v) requires that, when considering 
whether to establish, modify, or revoke a tolerance, the Agency 
consider ``available information'' concerning the cumulative effects of 
a particular pesticide's residues and ``other substances that have a 
common mechanism of toxicity.''
    EPA does not have, at this time, available data to determine 
whether carfentrazone-ethyl has a common mechanism of toxicity with 
other substances or how to include this pesticide in a cumulative risk 
assessment. Unlike other pesticides for which EPA has followed a 
cumulative risk approach based on a common mechanism of toxicity, 
carfentrazone-ethyl does not appear to produce a toxic metabolite 
produced by other substances. For the purposes of this tolerance 
action, therefore, EPA has not assumed that carfentrazone-ethyl has a 
common mechanism of toxicity with other substances. For information 
regarding EPA's efforts to determine which chemicals have a common 
mechanism of toxicity and to evaluate the cumulative effects of such 
chemicals, see the final rule for Bifenthrin Pesticide Tolerances (62 
FR 62961, November 26, 1997).

C. Safety Factor for Infants and Children

    1. In general. FFDCA section 408 provides that EPA shall apply an 
additional tenfold margin of safety for infants and children in the 
case of threshold effects to account for prenatal and postnatal 
toxicity and the completeness of the data base on toxicity and exposure 
unless EPA determines that a different margin of safety will be safe 
for infants and children. Margins of safety are incorporated into EPA 
risk assessments either directly through use of a margin of exposure 
(MOE) analysis or through using uncertainty (safety) factors in 
calculating a dose level that poses no appreciable risk to humans.
    i. Developmental toxicity studies. In a developmental toxicity 
study in rats, body weight, body weight gain, food consumption, gross 
pathology, and cesarean section data were similar between control and 
treated groups. The maternal LOAEL is 600 mg/kg/day (based on staining 
of the abdominogenital area and of the cage pan liner) the maternal 
NOAEL is 100 mg/kg/day. Evaluation of litter data and an assessment of 
embryonic and fetal development, including litter size, post-
implantation loss, fetal weights, and sex ratio, did not reveal any 
evidence of treatment-related toxicity. Examination of fetuses for 
alterations of external, visceral, and skeletal development revealed 
significantly increased litter incidences of wavy and thickened ribs in 
the 1,250 mg/kg/day treatment group. The developmental LOAEL is 1,250 
mg/kg/day (based upon a significant increase in the litter incidences 
of wavy and thickened ribs); the developmental NOAEL is 600 mg/kg/day.
    In a developmental toxicity study in rabbits, evidence of 
treatment-related maternal toxicity consisted of unthriftiness and 
emaciation in two does at 300 mg/kg/day. The maternal LOAEL is 300 mg/
kg/day; the maternal NOAEL is greater than or equal to 150 mg/kg/day. 
There was no evidence of treatment-related prenatal developmental 
toxicity: The developmental LOAEL was not determined; the developmental 
NOAEL is greater than or equal to 300 mg/kg/day.
    ii. Reproductive toxicity study. In a 2-generation reproduction 
study in rats, the parental systemic LOAEL is 4,000 ppm (equivalent to 
343 mg/kg/day for males and 387 mg/kg/day for females) based on 
decreased body weight gains, increased liver weights, liver and bile

[[Page 40208]]

duct histopathology, and reductions in the mean cell volume 
(F0 and F1 males, F1 females), mean 
cell hemoglobin (F0 and F1 males, F1 
females), hematocrit (F1 males), and hemoglobin 
(F1 males). The parental systemic NOAEL is 1,500 ppm 
(equivalent to 127 mg/kg/day for males and 142 mg/kg/day for females). 
The offspring LOAEL is 4,000 ppm (387 mg/kg/day) based on decreased pup 
body weights in both sexes of the F 2 generation. The 
offspring NOAEL is 1,500 ppm (142 mg/kg/day).
    iii. Prenatal and postnatal sensitivity. The toxicity data provided 
no indication of increased susceptibility of rats or rabbits to in 
utero and/or postnatal exposure to carfentrazone-ethyl. In the prenatal 
developmental toxicity studies in rats and rabbits and the 2-generation 
reproduction study in rats, effects in the offspring were observed only 
at or above treatment levels which resulted in evidence of parental 
toxicity.
    2. Conclusion. There are no data gaps for the assessment of the 
effects of carfentrazone-ethyl following in utero and/or postnatal 
exposure. There is a complete toxicity data base for carfentrazone-
ethyl and exposure data are complete or are estimated based on data 
that reasonably accounts for potential exposures. The data provided no 
indication of increased susceptibility of rats or rabbits to in utero 
and/or postnatal exposure to carfentrazone-ethyl. Based on the toxicity 
profile for carfentrazone-ethyl, a developmental neurotoxicity study in 
rats is not required. Therefore, the FQPA Safety Factor, for enhanced 
sensitivity to infants and children was reduced from 10X to 1X.

D. Aggregate Risks and Determination of Safety

    To estimate total aggregate exposure to a pesticide from food, 
drinking water, and residential uses, the Agency calculates DWLOCs 
which are used as a point of comparison against the model estimates of 
a pesticide's concentration in water (EECs). DWLOC values are not 
regulatory standards for drinking water. DWLOCs are theoretical upper 
limits on a pesticide's concentration in drinking water in light of 
total aggregate exposure to a pesticide in food and residential uses. 
In calculating a DWLOC, the Agency determines how much of the 
acceptable exposure (i.e., the PAD) is available for exposure through 
drinking water (e.g., allowable chronic water exposure (mg/kg/day) = 
cPAD - (average food + chronic non-dietary, non-occupational 
exposure)). This allowable exposure through drinking water is used to 
calculate a DWLOC.
    A DWLOC will vary depending on the toxic endpoint, drinking water 
consumption, and body weights. Default body weights and consumption 
values as used by EPA's Office of Water are used to calculate DWLOCs: 
2L/70 kg (adult male), 2L/60 kg (adult female), and 1L/10 kg (child). 
Default body weights and drinking water consumption values vary on an 
individual basis. This variation will be taken into account in more 
refined screening-level and quantitative drinking water exposure 
assessments. Different populations will have different DWLOCs. 
Generally, a DWLOC is calculated for each type of risk assessment used: 
Acute, short-term, intermediate-term, chronic, and cancer.
    When EECs for surface water and ground water are less than the 
calculated DWLOCs, EPA concludes with reasonable certainty that 
exposures to carfentrazone-ethyl in drinking water (when considered 
along with other sources of exposure for which EPA has reliable data) 
would not result in unacceptable levels of aggregate human health risk 
at this time. Because EPA considers the aggregate risk resulting from 
multiple exposure pathways associated with a pesticide's uses, levels 
of comparison in drinking water may vary as those uses change. If new 
uses are added in the future, EPA will reassess the potential impacts 
of carfentrazone-ethyl on drinking water as a part of the aggregate 
risk assessment process.
    1. Acute risk. Using the exposure assumptions discussed in this 
unit for acute exposure, the acute dietary exposure from food to 
carfentrazone-ethyl will occupy 1% or less of the aPAD for the U.S. 
population and all population subgroups represented in DEEM[reg]. In 
addition, despite the potential for acute dietary exposure to 
carfentrazone-ethyl in drinking water, after calculating DWLOCs and 
comparing them to conservative model EECs of carfentrazone-ethyl in 
surface water and ground water, EPA does not expect the aggregate 
exposure to exceed 100% of the aPAD, as shown in the following Table 2:

                  Table 2.--Aggregate Risk Assessment for Acute Exposure to Carfentrazone-ethyl
----------------------------------------------------------------------------------------------------------------
                                                                             Surface       Ground
              Population Subgroup                 aPAD (mg/      % aPAD     Water EEC    Water EEC   Acute DWLOC
                                                     kg)         (Food)       (ppb)        (ppb)        (ppb)
----------------------------------------------------------------------------------------------------------------
U.S. population                                            5          <1%         34.3         13.4      170,000
----------------------------------------------------------------------------------------------------------------
All infants (<1 year old)                                  5          <1%         34.3         13.4       50,000
----------------------------------------------------------------------------------------------------------------
Children (1-6 years old)                                   5           1%         34.3         13.4       50,000
----------------------------------------------------------------------------------------------------------------

    2. Chronic risk. Using the exposure assumptions described in this 
unit for chronic exposure, EPA has concluded that exposure to 
carfentrazone-ethyl from food will utilize 14% of the cPAD for the U.S. 
population, 10% of the cPAD for all infants less than 1 year old, and 
34% of the cPAD for children 1-6 years old, the subpopulation with the 
greatest exposure. Based on the use pattern, chronic residential 
exposure to residues of carfentrazone-ethyl is not expected. In 
addition, despite the potential for chronic dietary exposure to 
carfentrazone-ethyl in drinking water, after calculating DWLOCs and 
comparing them to conservative model EECs of carfentrazone-ethyl in 
surface water and ground water, EPA does not expect the aggregate 
exposure to exceed 100% of the cPAD, as shown in the following Table 3:

[[Page 40209]]



          Table 3.--Aggregate Risk Assessment for Chronic (Non-Cancer) Exposure to Carfentrazone-ethyl
----------------------------------------------------------------------------------------------------------------
                                                                             Surface       Ground
              Population Subgroup                cPAD mg/kg/     %cPAD      Water EEC    Water EEC     Chronic
                                                     day         (Food)       (ppb)        (ppb)     DWLOC (ppb)
----------------------------------------------------------------------------------------------------------------
U.S. population                                         0.03           14         19.0         13.4          900
----------------------------------------------------------------------------------------------------------------
All infants (< 1year old)                               0.03           10         19.0         13.4          940
----------------------------------------------------------------------------------------------------------------
Children (1-6 years old)                                0.03           34         19.0         13.4          690
----------------------------------------------------------------------------------------------------------------

    3. Short-term risk. Short-term aggregate exposure takes into 
account residential exposure plus chronic exposure to food and water 
(considered to be a background exposure level). Carfentrazone-ethyl is 
currently registered for use(s) that could result in short-term 
residential exposure and the Agency has determined that it is 
appropriate to aggregate chronic food and water and short-term 
exposures for carfentrazone-ethyl.
    Using the exposure assumptions described in this unit for non-
dietary exposures, EPA has concluded that food and residential 
exposures aggregated result in aggregate MOEs of 47,000 for children 
and 140,000 for infants for incidental oral exposure. These aggregate 
MOEs do not exceed the Agency's level of concern for aggregate exposure 
to food and residential uses. In addition, short-term DWLOCs were 
calculated and compared to the EECs for chronic exposure of 
carfentrazone-ethyl in ground water and surface water. After 
calculating DWLOCs and comparing them to the EECs for surface water and 
ground water, EPA does not expect short-term aggregate exposure to 
exceed the Agency's level of concern, as shown in the following Table 
4:

               Table 4.--Aggregate Risk Assessment for Short-Term Exposure to Carfentrazone-ethyl
----------------------------------------------------------------------------------------------------------------
                                                               Aggregate
                                                  Aggregate     Level of     Surface       Ground     Short-Term
              Population Subgroup                MOE (Food +    Concern     Water EEC    Water EEC   DWLOC (ppb)
                                                Residential)     (LOC)        (ppb)        (ppb)
----------------------------------------------------------------------------------------------------------------
All infants (<1 year old)                            140,000          100         19.0         13.4      170,000
----------------------------------------------------------------------------------------------------------------
Children (1-6 years old)                              47,000          100         19.0         13.4      170,000
----------------------------------------------------------------------------------------------------------------

    4. Intermediate-term risk. Intermediate-term aggregate exposure 
takes into account non-dietary, non-occupational exposure plus chronic 
exposure to food and water (considered to be a background exposure 
level). Though residential exposure could occur with the use of 
carfentrazone-ethyl, only endpoints have been identified for incidental 
oral exposures. Intermediate-term incidental exposures (1 week to 
several months) are not expected. Therefore, for intermediate-term 
exposures, the aggregate risk is the sum of the risk from food and 
water, which were previously addressed.
    5. Aggregate cancer risk for U.S. population. Carfentrazone-ethyl 
has been classified as ``not likely'' to be a human carcinogen. 
Therefore, risk assessments to estimate cancer risk were not conducted.
    6. Determination of safety. Based on these risk assessments, EPA 
concludes that there is a reasonable certainty that no harm will result 
to the general population, and to infants and children from aggregate 
exposure to carfentrazone-ethyl residues.

V. Other Considerations

A. Analytical Enforcement Methodology

    Adequate enforcement methodology (e g., gas chromotography) is 
available to enforce the tolerance expression. The method may be 
requested from: Calvin Furlow, PRRIB, IRSD (7502C), Office of Pesticide 
Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460; telephone number: (703) 305-5229; e-mail address: 
[email protected].

B. International Residue Limits

    There is neither a Codex proposal, nor Canadian or Mexican maximum 
residue limits, for residues of carfentrazone-ethyl and its metabolite 
in or on fruiting vegetables (except cucurbits) (crop group 8). 
Therefore harmonization is not issue.

C. Conditions

    A maximum of 0.096 pounds of carfentrazone-ethyl per acre per year 
may be applied with a retreatment interval of 14 days. Rotational crop 
restrictions: treated fields may only be rotated to cotton, cereal 
grain, soybean, or a fruiting vegetable.

VI. Conclusion

    Therefore, tolerances are established for combined residues of 
carfentrazone-ethyl, (ethyl-[alpha],2-dichloro-5-[4-(difluoromethyl)-
4,5-dihydro-3-methyl-5-oxo-1H-1,2,4-triazol-1-yl)-4- 
fluorobenzenepropanoate) and carfentrazone-ethyl chloropropionic acid 
([alpha],2-dichloro-5-[4- (difluoromethyl)-4,5-dihydro-3-methyl-5-oxo-
1H-1,2,4-triazol-1-yl]-4-fluorobenzenepropanoic acid) in or on fruiting 
vegetables (except cucurbits) (crop group 8) at 0.10 ppm, tomato paste 
at 0.60 ppm, and tomato puree at 0.60 ppm.

VII. Objections and Hearing Requests

    Under section 408(g) of the FFDCA, as amended by the FQPA, any 
person may file an objection to any aspect of this regulation and may 
also request a hearing on those objections. The EPA procedural 
regulations which govern the submission of objections and requests for 
hearings appear in 40 CFR part 178. Although the procedures in those 
regulations require some modification to reflect the amendments made to 
the FFDCA by the FQPA of 1996, EPA will continue to use those 
procedures, with appropriate adjustments, until the necessary 
modifications can be made.

[[Page 40210]]

 The new section 408(g) provides essentially the same process for 
persons to ``object'' to a regulation for an exemption from the 
requirement of a tolerance issued by EPA under new section 408(d), as 
was provided in the old FFDCA sections 408 and 409. However, the period 
for filing objections is now 60 days, rather than 30 days.

A. What Do I Need to Do to File an Objection or Request a Hearing?

    You must file your objection or request a hearing on this 
regulation in accordance with the instructions provided in this unit 
and in 40 CFR part 178. To ensure proper receipt by EPA, you must 
identify docket ID number OPP-2002-0072 in the subject line on the 
first page of your submission. All requests must be in writing, and 
must be mailed or delivered to the Hearing Clerk on or before August 
12, 2002.
    1. Filing the request. Your objection must specify the specific 
provisions in the regulation that you object to, and the grounds for 
the objections (40 CFR 178.25). If a hearing is requested, the 
objections must include a statement of the factual issues(s) on which a 
hearing is requested, the requestor's contentions on such issues, and a 
summary of any evidence relied upon by the objector (40 CFR 178.27). 
Information submitted in connection with an objection or hearing 
request may be claimed confidential by marking any part or all of that 
information as CBI. Information so marked will not be disclosed except 
in accordance with procedures set forth in 40 CFR part 2. A copy of the 
information that does not contain CBI must be submitted for inclusion 
in the public record. Information not marked confidential may be 
disclosed publicly by EPA without prior notice.
    Mail your written request to: Office of the Hearing Clerk (1900), 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460. You may also deliver your request to the Office 
of the Hearing Clerk in Rm. C400, Waterside Mall, 401 M St., SW., 
Washington, DC 20460. The Office of the Hearing Clerk is open from 8 
a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The 
telephone number for the Office of the Hearing Clerk is (202) 260-4865.
    2. Tolerance fee payment. If you file an objection or request a 
hearing, you 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 VII.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 the docket ID number OPP-2002-0072, 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).

VIII. Regulatory Assessment Requirements

    This final rule establishes time-limited tolerances under FFDCA 
section 408. The Office of Management and Budget (OMB) has exempted 
these types of actions from review under Executive Order 12866, 
entitled Regulatory Planning and Review (58 FR 51735, October 4, 1993). 
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 Agency action under Executive Order 13045, 
entitled Protection of Children from Environmental Health Risks and 
Safety Risks (62 FR 19885, April 23, 1997). This action does not 
involve any technical standards that would require Agency consideration 
of voluntary consensus standards pursuant to section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (NTTAA), 
Public Law 104-113, section 12(d) (15 U.S.C. 272 note). Since 
tolerances and exemptions that are established on the basis of a FIFRA 
section 18 exemption under FFDCA section 408, such as the tolerances in 
this final rule, do not require the issuance of a proposed rule, the 
requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et 
seq.) do not apply. In addition, the Agency has determined that this 
action will not have a substantial direct effect on States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government, as specified in Executive Order 13132, entitled Federalism 
(64 FR 43255, August 10, 1999). Executive Order 13132 requires EPA to 
develop an accountable process

[[Page 40211]]

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.

IX. 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: May 31, 2002.
Peter Caulkins,
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.

    2. In section 180.515 the tables in paragraphs (a) and (b) are 
amended by adding alphabetically the following commodities to read as 
follows:


Sec. 180.515   Carfentrazone-ethyl; tolerances for residues.

    (a)   *  *  *

------------------------------------------------------------------------
                      Commodity                        Parts per million
------------------------------------------------------------------------
                      *      *      *      *      *
Soybean seed.........................................            0.1 ppm
------------------------------------------------------------------------

    (b)   *  *  *

------------------------------------------------------------------------
                                                          Expiration/
             Commodity              Parts per million   revocation date
------------------------------------------------------------------------
                      *      *      *      *      *
Tomato, paste.....................           0.60 ppm            6/30/04
Tomato, puree.....................           0.60 ppm            6/30/04
Vegetable, fruiting, group (except           0.10 ppm            6/30/04
 cucurbits).......................
------------------------------------------------------------------------

* * * * *

[FR Doc. 02-14770 Filed 6-11-02; 8:45 am]
BILLING CODE 6560-50-S