[Federal Register Volume 67, Number 137 (Wednesday, July 17, 2002)]
[Rules and Regulations]
[Pages 46878-46884]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-17187]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[OPP-2002-0112; FRL-7183-6]


Extension of Tolerances for Emergency Exemptions (Multiple 
Chemicals)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation extends time-limited tolerances for the 
pesticides listed in Unit II. of the SUPPLEMENTARY INFORMATION. These 
actions are in response to EPA's granting of emergency exemptions under 
section 18 of the Federal Insecticide, Fungicide, and Rodenticide Act 
(FIFRA) authorizing use of these pesticides. Section 408(l)(6) of the 
Federal Food, Drug, and Cosmetic Act (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.

DATES: This regulation is effective July 17, 2002. Objections and 
requests for hearings, identified by docket ID number OPP-2002-0112, 
must be received by EPA on or before August 16, 2002.

ADDRESSES: Written objections and hearing requests may be submitted by 
mail, in person, or by courier. Please

[[Page 46879]]

follow the detailed instructions for each method as provided in Unit 
III. of the SUPPLEMENTARY INFORMATION. To ensure proper receipt by EPA, 
your objections and hearing requests must identify docket ID number 
OPP-2002-0112 in the subject line on the first page of your response.

FOR FURTHER INFORMATION CONTACT: See the listing below for the name of 
a specific contact person. The following information applies to all 
contact persons: Emergency Response Team, Registration Division (7505C) 
Office of Pesticide Programs, Environmental Protection Agency, 1200 
Pennsylvania Ave., NW., Washington, DC 20460; telephone number: (703) 
308-9366; e-mail address: [email protected].

------------------------------------------------------------------------
              Contact person                          Pesticide
------------------------------------------------------------------------
Barbara Madden                              Bifenazate
                                            Coumaphos
                                            Dimethenamid
                                            Myclobutanil
                                            Sulfentrazone
------------------------------------------------------------------------
Dan Rosenblatt                              Diuron
                                            Fenbuconazole
                                            Fluroxypyr 1-methylheptyl
                                             ester
                                            Tebuconazole
------------------------------------------------------------------------
Libby Pemberton                             Hexythiazox
                                            Pendimethalin
------------------------------------------------------------------------
Andrew Ertman                               Imidacloprid
                                            Metolachlor
------------------------------------------------------------------------
Andrea Conrath                              Emamectin Benzoate
                                            Thiabendazole
------------------------------------------------------------------------


SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be affected by this action if you are an agricultural 
producer, food manufacturer, or pesticide manufacturer. Potentially 
affected categories and entities may include, but are not limited to:

------------------------------------------------------------------------
                                                          Examples of
           Categories                 NAICS Codes         Potentially
                                                       Affected Entities
------------------------------------------------------------------------
Industry                          111                 Crop production
                                  112                 Animal production
                                  311                 Food manufacturing
                                  32532               Pesticide
                                                       manufacturing
------------------------------------------------------------------------

    This listing is not intended to be exhaustive, but rather provides 
a guide for readers regarding entities likely to be affected by this 
action. Other types of entities not listed in the table could also be 
affected. The North American Industrial Classification System (NAICS) 
codes have been provided to assist you and others in determining 
whether or not this action might apply 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 ID number OPP-2002-0112. 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 published final rules in the Federal Register for each 
chemical/commodity listed below. The initial issuance of these final 
rules announced that EPA, on its own initiative, under section 408 of 
the FFDCA, 21 U.S.C. 346a, as amended by the Food Quality Protection 
Act of 1996 (FQPA) (Public Law 104-170) was establishing time-limited 
tolerances.
    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 the Federal Insecticide, 
Fungicide, and Rodenticide Act (FIFRA). Such tolerances can be 
established without providing notice or time for public comment.
    EPA received requests to extend the use of these chemicals for this 
year's growing season. After having reviewed

[[Page 46880]]

these submissions, EPA concurs that emergency conditions exist. EPA 
assessed the potential risks presented by residues for each chemical/
commodity. In doing so, EPA considered the safety standard in FFDCA 
section 408(b)(2), and decided that the necessary tolerance under FFDCA 
section 408(l)(6) would be consistent with the safety standard and with 
FIFRA section 18.
    The data and other relevant material have been evaluated and 
discussed in the final rule originally published to support these uses. 
Based on that data and information considered, the Agency reaffirms 
that extension of these time-limited tolerances will continue to meet 
the requirements of section 408(l)(6). Therefore, the time-limited 
tolerances are extended until the date listed below. EPA will publish a 
document in the Federal Register to remove the revoked tolerances from 
the Code of Federal Regulations (CFR). Although these tolerances will 
expire and are revoked on the date listed, under FFDCA section 
408(l)(5), residues of the pesticide not in excess of the amounts 
specified in the tolerance remaining in or on the commodity after that 
date will not be unlawful, provided the residue is present as a result 
of an application or use of a pesticide at a time and in a manner that 
was lawful under FIFRA, the tolerance was in place at the time of the 
application, and the residue does not exceed the level that was 
authorized by the tolerance. 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.
    Tolerances for the use of the following pesticide chemicals on 
specific commodities are being extended:
    1. Bifenazate. EPA has authorized under FIFRA section 18 the use of 
bifenazate on greenhouse grown tomatoes for control of spider mites in 
Texas and Virginia. This regulation extends a time-limited tolerance 
for combined residues of bifenazate (hydrazine carboxylic acid, 2-(4-
methoxy-[1,1'-biphenyl]-3-yl-, 1-methylethyl ester) and 
diazenecarboxylic acid, 2-(4-methoxy-[1,1'-biphenyl]-3-yl-, 1-
methylethyl ester)) in or on tomato at 0.70 parts per million (ppm) for 
an additional 2-year period. This tolerance will expire and is revoked 
on June 30, 2005. A time-limited tolerance was originally published in 
the Federal Register of June 29, 2001 (66 FR 34561) (FRL-6788-5) (40 
CFR 180.572).
    Recently, EPA has received objections to a tolerance it established 
for bifenazate on a different food commodity. The objections were filed 
by the Natural Resources Defense Council (NRDC) and raised several 
issues regarding aggregate exposure estimates and the additional safety 
factor for the protection of infants and children. Similar objections 
were filed by NRDC concerning a tolerance for imidacloprid, another 
pesticide addressed in this notice. Although these objections concern 
separate rulemaking proceedings under the FFDCA, EPA has considered 
whether it is appropriate to extend the emergency exemption tolerances 
for bifenazate and imidacloprid while the objections are still pending.
    Factors taken into account by EPA included how close the Agency is 
to concluding the proceedings on the objections, the nature of the 
current action, whether NRDC's objections raised frivolous issues, and 
extent to which the issues raised by NRDC had already been considered 
by EPA. Although NRDC's objections are not frivolous, the other factors 
all support extending these tolerances at this time. First, the 
objections proceeding is not near to conclusion. NRDC's objections 
raise complex legal, scientific, policy, and factual matters and EPA 
has just initiated a 60-day public comment period on them in the 
Federal Register of June 19, 2002 (67 FR 41628) (FRL-7167-7). Second, 
the nature of the current actions are extremely time-sensitive as they 
address emergency situations. Third, the issues raised by NRDC are not 
new matters but questions that have been the subject of considerable 
study by EPA and comment by stakeholders. Accordingly, EPA is 
proceeding with extending the tolerances for bifenazate and 
imidacloprid.
    2. Coumaphos. EPA has authorized under FIFRA section 18 the use of 
coumaphos in beehives for control of varroa mites and small hive 
beetles in Alabama, Arizona, Arkansas, California, Colorado, 
Connecticut, Delaware, Florida, Georgia, Idaho, Illinois, Indiana, 
Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, 
Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, New 
Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, 
Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South 
Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West 
Virginia, Wisconsin, and Wyoming. This regulation extends time-limited 
tolerances for the combined residues of the insecticide coumaphos (O,O-
diethyl O-3-chloro-4-methyl-2-oxo-2H-1-benzopyran-7-yl 
phosphorothioate) and its oxygen analog, coumaphoxon (O,O-diethyl O-3-
chloro-4-methyl-2-oxo-2H-1-benzopyran-7-yl phosphate in or on honey at 
0.1 ppm and beeswax at 100 ppm for an additional 2-year period. These 
tolerances will expire and are revoked on December 31, 2004. Time-
limited tolerances were originally published in the Federal Register of 
August 16, 2000 (65 FR 49927) (FRL-6738-3) (40 CFR 180.189).
    3. Dimethenamid. EPA has authorized under FIFRA section 18 the use 
of dimethenamid on dry bulb onion for control of yellow nutsedge and 
other broadleaf weeds in New York and Wisconsin. This regulation 
extends a time-limited tolerance for residues of the herbicide 
dimethenamid, 2-chloro-N-[(1-methyl-2-methoxy)ethyl]-N-(2,4-
dimethylthien-3-yl)-acetamide in or on dry bulb onion at 0.01 ppm for 
an additional 2-year period. This tolerance will expire and is revoked 
on December 31, 2004.
    EPA has authorized under FIFRA section 18 the use of dimethenamid 
on sugar beets for control of weeds in Colorado, Minnesota, Nebraska, 
North Dakota, and Wyoming. This regulation extends the time-limited 
tolerances for residues of the herbicide dimethenamid, 2-chloro-N-[(1-
methyl-2-methoxy)ethyl]-N-(2,4-dimethylthien-3-yl)-acetamide in or on 
beet, sugar at 0.01 ppm; beet, sugar, dried pulp at 0.05 ppm; beet, 
sugar, molasses at 0.05 ppm; and beet, sugar, tops at 0.01 ppm for an 
additional 2-year period. These tolerances will expire and are revoked 
on December 31, 2004. Time-limited tolerances were originally published 
in the Federal Register of August 24, 2000 (65 FR 51544) (FRL-6738-1) 
(40 CFR 180.464).
    4. Diuron. EPA has authorized under FIFRA section 18 the use of 
diuron in commercial catfish ponds for control of blue-green algae 
(Oscillatoria chalybea) in Alabama and Mississippi. This regulation 
extends a time-limited tolerance for residues of the herbicide diuron 
(3-(3,4-dichlorophenyl)-1,1-dimethylurea) in or on catfish fillets at 
2.0 ppm for an additional 2-year period. This tolerance will expire and 
is revoked on June 30, 2005. The time-limited tolerance was originally 
published in the Federal Register of July 30, 1999 (64 FR 41297) (FRL- 
6087-2) (40 CFR 180.106).
    5. Emamectin benzoate. EPA has authorized under FIFRA section 18 
the use of emamectin benzoate on cotton for control of beet armyworm in 
New Mexico, Oklahoma, and Texas. This regulation extends the time-
limited tolerances for residues of the insecticide emamectin benzoate 
in or on cotton, gin

[[Page 46881]]

by-product at 0.025 ppm; cotton, hulls at 0.004 ppm; cotton, meal at 
0.002 ppm; cottonseed at 0.002 ppm; cottonseed oil at 0.006 ppm; meat, 
fat, and meat by-product of cattle, goats, hogs, and sheep at 0.002 
ppm; and milk at 0.002 ppm for an additional 2-year period. This 
tolerance will expire and is revoked on December 31, 2004. Time-limited 
tolerances were originally published in the Federal Register of January 
12, 2000 (65 FR 1796) (FRL-6398-5) (40 CFR 180.505).
    6. Fenbuconazole. EPA has authorized under FIFRA section 18 the use 
of fenbuconazole on blueberries for control of mummy berry disease in 
Georgia. This regulation extends a time-limited tolerance for combined 
residues of the fungicide fenbuconazole alpha-[2-(4-chlorophenyl)-
ethyl]-alpha-phenyl-3-(1H-1,2,4-triazole)-1-propanenitrile] and its 
metabolites cis-5-(4-chlorophenyl)-dihydro-3-phenyl-3-(1H-1,2,4-
triazole-1-ylmethyl)-2-3H-furanone and trans-5-(4-chlorophenyl)dihydro-
3-phenyl-3-(1H-1,2,4-triazole-1-ylmethyl-2-3H-furanone expressed as 
fenbuconazole in or on blueberries at 1.0 ppm for an additional 2-year 
period. This tolerance will expire and is revoked on December 31, 2004. 
The time-limited tolerance was originally published in the Federal 
Register of June 10, 1998 (63 FR 31633) (FRL-5791-5) (40 CFR 180.480).
    7. Fluroxypyr 1-methylheptyl ester. EPA has authorized under FIFRA 
section 18 the use of fluroxypyr 1-methylheptyl ester on grass pasture 
and rangeland for control of sericea lespedeza (Lespedeza cuneata) in 
Kansas. This regulation extends time-limited tolerances for combined 
residues of the herbicide fluroxypyr 1-methylheptyl ester 1-
methylheptyl ((4-amino-3,5-dichloro-6-fluoro-2-pyridinyl)oxy)acetate 
and its metabolite fluroxypyr [((4-amino-3,5-dichloro-6-fluoro-2-
pyridinyl)oxy)acetic acid in or on grass, forage at 120 ppm; grass hay 
at 160 ppm; kidney, cattle at 1.5 ppm; kidney, goat at 1.5 ppm; kidney, 
hog at 1.5 ppm; kidney, horse at 1.5 ppm; kidney, sheep at 1.5 ppm; and 
milk at 0.30 ppm for an additional 11/89/21/13/23/85/83/8year 
period. These tolerances will expire and are revoked on December 31, 
2004. Time-limited tolerances were originally published in the Federal 
Register of September 17, 2001 (66 FR 47964) (FRL-6798-5) (40 CFR 
180.535).
    8. Hexythiazox. EPA has authorized under FIFRA section 18 the use 
of hexythiazox on dates for control of Banks grass mite in California. 
This regulation extends a time-limited tolerance for combined residues 
of the miticide hexythiazox, trans-5-(4-chlorophenyl)-N-cyclohexyl-4-
methyl-2-oxothiazolidine-3-carboxamide and its metabolites containing 
the (4-chlorophenyl)-4-methyl-2-oxo-3-thiazolidine moiety (expressed as 
ppm of the parent compound) in or on dates at 0.1 ppm for an additional 
2-year and 2-month period. This tolerance will expire and is revoked on 
December 31, 2004. The time-limited tolerance was originally published 
in the Federal Register of October 13, 1998 (63 FR 54594) (FRL-6030-3) 
(40 CFR 180.448).
    9. Imidacloprid. EPA has authorized under FIFRA section 18 the use 
of imidacloprid on strawberries for control of white grubs in 
Connecticut. This regulation extends a time-limited tolerance for 
combined residues of the insecticide 1-[6-chloro-3-pyridinyl)methyl]-N-
nitro-2-imidazolidinimine and its metabolites containing the 6-
chloropyridinyl moiety, all expressed as parent in or on strawberries 
at 0.1 ppm for an additional 2-year and 6-month period. This tolerance 
will expire and is revoked on December 31, 2004. A time-limited 
tolerance was originally published in the Federal Register of January 
20, 1999 (64 FR 3037) (FRL-6051-6) (40 CFR 180.472).
    10. Metolachlor. EPA has authorized under FIFRA section 18 the use 
of s-metolachlor on spincah for control of weeds in Colorado, Delaware, 
New Jersey, Oklahoma, Pennsylvania, Texas, and Virginia. This 
regulation extends a time-limited tolerance for combined residues (free 
and bound) of the herbicide metolachlor [2-chloro-N-(2-ethyl-6-
methylphenyl)-N-(2-methoxy-1-methylethyl)acetamide] and its 
metabolites, determined as the derivatives, 2-[(2-ethyl-6-
methylphenyl)amino]-1-propanol and 4-(2-ethyl-6-methylphenyl)-2-
hydroxy-5-methyl-3-morpholinone, each expressed as the parent compound 
in or on spinach at 0.3 ppm for an additional 2-year and 6-month 
period. This tolerance will expire and is revoked on December 31, 2004. 
The time-limited tolerance was originally published in the Federal 
Register of November 29, 1996 (61 FR 60617) (FRL-5574-7) (40 CFR 
180.368).
    EPA has authorized under FIFRA section 18 the use of s-metolachlor 
on tomatoes for control of weeds in California, Indiana, Maryland, 
Michigan, New Jersey, Ohio, Pennsylvania, and Virginia. This regulation 
extends time-limited tolerances for combined residues (free and bound) 
of the herbicide metolachlor [2-chloro-N-(2-ethyl-6-methylphenyl)-N-(2-
methoxy-1-methylethyl)acetamide] and its metabolites, determined as the 
derivatives, 2-[(2-ethyl-6-methylphenyl)amino]-1-propanol and 4-(2-
ethyl-6-methylphenyl)-2- hydroxy-5-methyl-3-morpholinone, each 
expressed as the parent compound in or on tomato paste at 0.6 ppm, 
tomato puree at 0.3 ppm and tomatoes at 0.1 ppm for an additional 2-
year and 6-month period. These tolerances will expire and are revoked 
on December 31, 2004. The time-limited tolerance was originally 
published in the Federal Register of March 10, 1999 (64 FR 11782) (FRL-
6062-5) (40 CFR 180.368).
    11. Myclobutanil. EPA has authorized under FIFRA section 18 the use 
of myclobutanil on sugar beets for control of powdery mildew in Utah. 
This regulation extends a time-limited tolerance for combined residues 
of the fungicide myclobutanil alpha-butyl-alpha-(4-chlorophenyl)-1H-
1,2,4-triazole-1-propanenitrile and its alcohol metabolite (alpha-(3-
hydroxybutyl)-alpha-(4-chlorophenyl)-1H-1,2,4-triazole-1-propanenitrile 
(free and bound) in or on dried pulp of sugar beets at 1.0 ppm, sugar 
beet molassess at 1.0 ppm, refined sugar from sugar beets at 0.70 ppm, 
sugar beet roots at 0.05 pmm, and sugar beet tops at 1.0 ppm for an 
additional 2-year period. These tolerances will expire and are revoked 
on December 31, 2004. The time-limited tolerance was originally 
published in the Federal Register of January 3, 2001 (66 FR 298) (FRL-
6757-9) (40 CFR 180.443).
    EPA has authorized under FIFRA section 18 the use of myclobutanil 
on artichokes for control of powdery mildew in California. This 
regulation extends a time-limited tolerance for combined residues of 
the fungicide myclobutanil, alpha-butyl-alpha-(4-chlorophenyl)-1H-
1,2,4-triazole-1-propanenitrile and its alcohol metabolite (alpha-(3-
hydroxybutyl)-alpha-(4-chlorophenyl)-1H-1,2,4-triazole-1-propanenitrile 
(free and bound), in or on atichokes at 1.0 ppm for an additional 2-
year period. This tolerance will expire and is revoked on June 30, 
2005. The time-limited tolerance was originally published in the 
Federal Register of September 16, 1998 (63 FR 49472) (FRL-6025-1) (40 
CFR 180.443).
    12. Pendimethalin. EPA has authorized under FIFRA section 18 the 
use of pendimethalin on mint for control of kochia and redroot pigweed 
in Idaho, Oregon, and Washington. This regulation extends a time-
limited tolerance for combined residues of the herbicide pendimethalin 
and its 3,5-dinitrobenzyl alcohol metabolite in or on fresh mint hay 
and mint oil at 0.1 and 5.0 ppm for an additional 
21/89/21/13/23/85/83/8 year period. This tolerance will expire 
and is

[[Page 46882]]

revoked on June 30, 2005. The time-limited tolerance was originally 
published in the Federal Register of May 23, 1997 (62 FR 28355) (FRL-
5718-5) (40 CFR 180.361).
    13. Sulfentrazone. EPA has authorized under FIFRA section 18 the 
use of sulfentrazone on lima beans and cowpeas for control of 
Hophornbeam Copperleaf in Tennessee. This regulation extends a time-
limited tolerance for combined residues of the herbicide sulfentrazone 
and the metabolites 3-hydroxymethyl sulfentrazone and 3-desmethyl 
sulfentrazone in or on succulent bean seed without pod at 0.1 ppm for 
an additional 2-year period. This tolerance will expire and is revoked 
on December 31, 2004. The time-limited tolerance was originally 
published in the Federal Register of September 21, 1999 (64 FR 51060) 
(FRL-6097-8) (40 CFR 180.498).
    14. Tebuconazole. EPA has authorized under FIFRA section 18 the use 
of tebuconazole on sunflowers for control of rust (Puccinia helianthi) 
in North Dakota. This regulation extends time-limited tolerances for 
residues of the fungicide tebuconazole (alpha-[2-4-chlorophenyl)-
ethyl]-alpha-(1,1-dimethylethyl)-1H-1,2,4-triazole-1-ethanol) in or on 
sunflower oil at 0.4 ppm and sunflower seed at 0.2 ppm for an 
additional 21/89/21/13/23/85/83/8 year period. This tolerance 
will expire and is revoked on December 31, 2005. The time-limited 
tolerance was originally published in the Federal Register of October 
29, 1997 (62 FR 56089) (FRL-5752-4) (40 CFR 180.474).
    15. Thiabendazole. EPA has authorized under FIFRA section 18 the 
use of thiabendazole on lentils for control of Ascochyta blight in 
Idaho, Montana, North Dakota, Oregon, and Washington. This regulation 
extends a time-limited tolerance for residues of the fungicide 
thiabendazole in or on lentils at 0.1 ppm for an additional 2-year 
period. This tolerance will expire and is revoked on December 31, 2004. 
The time-limited tolerance was originally published in the Federal 
Register of February 25, 1998 (63 FR 9435) (FRL-5767-6) (40 CFR 
180.242).

III. 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. 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-2002-0112 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 
16, 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 III.A., you 
should also send a copy of your request to the PIRIB for its inclusion 
in the official record that is described in Unit I.B.2. Mail your 
copies, identified by docket ID number OPP-2002-0112; 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 file format 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

[[Page 46883]]

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).

IV. 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 under FFDCA section 
408(l)(6) in response to an exemption under FIFRA section 18, 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 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.

V. 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: June 27, 2002,
Debra Edwards,
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 371.


Sec. 180.106  [Amended]

    2. In Sec. 180.106, in the table to paragraph (b), amend the entry 
for ``Catfish fillets'' by revising the expiration/revocation date ``6/
30/03'' to read ``6/30/05.''


Sec. 180.189  [Amended]

    3. In Sec. 180.189, in the table to paragraph (b), amend the 
entries for ``Beeswax'' and ``Honey'' by revising the expiration/
revocation date ``12/31/02'' to read ``12/31/04.''


Sec. 180.242  [Amended]

    4. In Sec. 180.242, in the table to paragraph (b), amend the entry 
for ``Lentils'' by revising the expiration/revocation date ``12/31/02'' 
to read ``12/31/04.''


Sec. 180.361  [Amended]

    5. In Sec. 180.361, in the table to paragraph (b), amend the 
entries for ``Mint hay, fresh'' and ``Mint oil'' by revising the 
expiration/revocation date ``12/31/02'' to read ``6/30/05.''


Sec. 180.368  [Amended]

    6. In Sec. 180.368, in the table to paragraph (b), amend the 
entries for ``Spinach,'' ``Tomato, paste,'' ``Tomato, puree,'' and 
``Tomato'' by revising the expiration/revocation date ``6/30/02'' to 
read ``12/31/04.''


Sec. 180.443  [Amended]

    7. In Sec. 180.443, in the table to paragraph (b), amend the 
entries for

[[Page 46884]]

``Beet, sugar, dried pulp''; ``Beet, sugar, molasses''; ``Beet, sugar, 
refined sugar''; ``Beet, sugar, roots''; and ``Beet, sugar, tops'' by 
revising the expiration/revocation date ``12/31/02'' to read ``12/31/
04'' and amend the entry for ``Artichoke, globe'' by revising the 
expiration/revocation date ``6/30/03'' to read ``6/30/05.''


Sec. 180.448  [Amended]

    8. In Sec. 180.448, in the table to paragraph (b), amend the entry 
for ``Dates'' by revising the expiration/revocation date ``10/31/02'' 
to read ``12/31/04.''


Sec. 180.464  [Amended]

    9. In Sec. 180.464, in the table to paragraph (b), amend the 
entries for ``Beet, sugar''; ``Beet, sugar, dried pulp''; ``Beet, 
sugar, molasses''; ``Beet, sugar, tops''; and ``Onion, dry bulb'' by 
revising the expiration/revocation date ``12/31/02'' to read ``12/31/
04.''


Sec. 180.472  [Amended]

    10. In Sec. 180.472, in the table to paragraph (b), amend the entry 
for ``Strawberry'' by revising the expiration/revocation date ``6/30/
02'' to read ``12/31/04.''


Sec. 180.474  [Amended]

    11. In Sec. 180.474, in the table to paragraph (b), amend the 
entries for ``Sunflower, oil'' and ``Sunflower, seed'' by revising the 
expiration/revocation date ``12/31/03'' to read ``12/31/05.''


Sec. 180.480  [Amended]

    12. In Sec. 180.480, in the table to paragraph (b), amend the entry 
for ``Blueberry'' by revising the expiration/revocation date ``12/31/
02'' to read ``12/31/04.''


Sec. 180.498  [Amended]

    13. In Sec. 180.498, in the table to paragraph (b), amend the entry 
for ``Bean, succulent seed without pod (lima bean, cowpea)'' by 
revising the expiration/revocation date ``12/31/02'' to read ``12/31/
04.''


Sec. 180.505  [Amended]

    14. In Sec. 180.505, in the table to paragraph (b), amend the 
entries for ``Cattle, fat''; ``Cattle, meat''; ``Cattle, meat 
byproducts''; ``Cotton gin byproducts''; ``Cotton, hulls''; ``Cotton, 
meal''; ``Cottonseed''; ``Cotton, oil''; ``Goat, fat''; ``Goat, meat''; 
``Goat, meat byproducts''; ``Hog, fat''; ``Hog, meat''; ``Hog, meat 
byproducts''; ``Milk''; ``Sheep, fat''; ``Sheep, meat''; and ``Sheep, 
meat byproducts'' by revising the expiration/revocation date ``12/31/
02'' to read ``12/31/04.''


Sec. 180.535  [Amended]

    15. In Sec. 180.535, in the table to paragraph (b), amend the 
entries for ``Cattle, kidney''; ``Goat, kidney''; ``Grass, forage''; 
``Grass, hay''; ``Hog, kidney''; ``Horse, kidney''; ``Milk''; and 
``Sheep, kidney '' by revising the expiration/revocation date ``06/30/
03'' to read ``12/31/04.''


Sec. 180.572  [Amended]

    16. In Sec. 180.572, in the table to paragraph (b), amend the entry 
for ``Tomato'' by revising the expiration/revocation date ``06/30/03'' 
to read ``06/30/05.''

[FR Doc. 02-17187 Filed 7-16-02; 8:45 am]
BILLING CODE 6560-50-S