[Federal Register Volume 67, Number 147 (Wednesday, July 31, 2002)]
[Rules and Regulations]
[Pages 49606-49617]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-19104]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[OPP-2002-0155; FRL-7191-4]


Acephate, Amitraz, Carbaryl, Chlorpyrifos, Cryolite, et al.; 
Tolerance Revocations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This document revokes certain tolerances for residues of the 
pesticides acephate, amitraz, carbaryl, chlorpyrifos, cryolite, 
disulfoton, ethalfluralin, ethion, ethoprop, fenthion, fluvalinate, 
methamidophos, metribuzin, oxamyl, phorate, phosalone, phosmet, 
pirimiphos-methyl, profenofos, propiconazole, tetrachlorvinphos, 
thiram, and tribufos because these specific tolerances are either no 
longer needed or are associated with food uses that are no longer 
registered in the United States. The regulatory actions in this 
document are part of the Agency's reregistration program under the 
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), and the 
tolerance reassessment requirements of the Federal Food, Drug, and 
Cosmetic Act (FFDCA) section 408(q), as amended by the Food Quality 
Protection Act (FQPA) of 1996. By law, EPA is required by August 2002 
to reassess 66% of the tolerances in existence on August 2, 1996, or 
about 6,400 tolerances. The regulatory actions in this document pertain 
to the revocation of 140 tolerances. Because ten tolerances were 
previously reassessed, 130 tolerances would be counted as reassessed. 
Also, EPA is announcing that six goat and sheep tolerances at 0 ppm for 
amitraz are considered to be reassessed. Therefore, a total of 136 
tolerance reassessments would be counted among tolerance/exemption 
reassessments made toward the August, 2002 review deadline.

DATES: This regulation is effective October 29, 2002; however, certain 
regulatory actions will not occur until the date specified in the 
regulatory text. Objections and requests for hearings, identified by 
docket ID number OPP-2002-0155, must be received by EPA on or before 
September 30, 2002.

ADDRESSES: Written objections and hearing requests may be submitted by 
mail, in person, or by courier. Please follow the detailed instructions 
for each method as provided in Unit IV. of the SUPPLEMENTARY 
INFORMATION. To ensure proper receipt by EPA, your objections and 
hearing requests must identify docket ID number OPP-2002-0155 in the 
subject line on the first page of your response.

FOR FURTHER INFORMATION CONTACT: By mail: Joseph Nevola, Special Review 
and Reregistration Division (7508C), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., 
NW.,Washington, DC 20460; telephone number: (703) 308-8037; e-mail 
address: [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

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

------------------------------------------------------------------------
                                                          Examples of
           Categories                 NAICS codes         potentially
                                                       affected entities
------------------------------------------------------------------------
Industry                          111                 Crop production
                                  112...............  Animal production
                                  311...............  Food manufacturing
                                  32532.............  Pesticide
                                                       manufacturing
------------------------------------------------------------------------

    This listing is not intended to be exhaustive, but rather provides 
a guide for readers regarding entities likely to be affected by this 
action. Other types of entities not listed in the table could also be 
affected. The North American Industrial Classification System (NAICS) 
codes have been provided to assist you and others in determining 
whether or not this action might apply 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 theFederal 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-2002-0155. 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

[[Page 49607]]

as the documents that are referenced in those documents. The public 
version of the official record does not include any information claimed 
as CBI. The public version of the official record, which includes 
printed, paper versions of any electronic comments submitted during an 
applicable comment period is available for inspection in the Public 
Information and Records Integrity Branch (PIRIB), Rm. 119, Crystal Mall 
2, 1921 Jefferson Davis Hwy., Arlington, VA, from 8:30 a.m. to 
4 p.m., Monday through Friday, excluding legal holidays. The PIRIB 
telephone number is (703) 305-5805.

II. Background

A. What Action is the Agency Taking?

    This final rule revokes certain FFDCA tolerances for residues of 
the pesticides acephate, amitraz, carbaryl, chlorpyrifos, cryolite, 
disulfoton, ethalfluralin, ethion, ethoprop, fenthion, fluvalinate, 
methamidophos, metribuzin, oxamyl, phorate, phosalone, phosmet, 
pirimiphos-methyl, profenofos, propiconazole, tetrachlorvinphos, 
thiram, and tribufos in or on specified commodities listed in the 
regulatory text because the tolerances are no longer needed or because 
these pesticides are not registered under FIFRA for uses on those 
commodities within the United States. However, comments were received 
regarding a need for EPA to retain certain tolerances, including a 
comment that there was a need for EPA to retain certain methamidophos 
tolerances to cover residues in or on imported foods. EPA has 
historically expressed a concern that retention of tolerances that are 
not necessary to cover residues in or on legally treated foods has the 
potential to encourage misuse of pesticides within the United States. 
Thus, it is EPA's policy to issue a final rule revoking those 
tolerances for residues of pesticide chemicals for which there are no 
active registrations under FIFRA, unless any person commenting on the 
proposal demonstrates a need for the tolerance to cover residues in or 
on imported commodities or domestic commodities legally treated.
    Today's final rule does not revoke those tolerances for which EPA 
received comments stating a need for the tolerance to be retained. 
Generally, EPA will proceed with the revocation of these tolerances on 
the grounds discussed above if, (1) prior to EPA's issuance of a 
section 408(f) order requesting additional data or issuance of a 
section 408(d) or (e) order revoking the tolerances on other grounds, 
commenters retract the comment identifying a need for the tolerance to 
be retained, (2) EPA independently verifies that the tolerance is no 
longer needed, or (3) the tolerance is not supported by data that 
demonstrate that the tolerance meets the requirements under FQPA.
    In the Federal Register of April 15, 2002 (67 FR 18150) (FRL-6834-
1), EPA issued a proposed rule to revoke the tolerances listed in this 
final rule. Also, the April 15, 2002 proposal provided a 60-day comment 
period in which public comment was invited for consideration and for 
support of tolerance retention under FFDCA standards.
    In response to the document published in the Federal Register of 
April 15, 2002, EPA received comments on ethion, fenthion, 
methamidophos, pirimiphos-methyl, and profenofos, as follows:
    1. Ethion--i. Comment by Private Citizen. A comment was received 
from a private citizen who inquired whether the ethion tolerances for 
cattle, fat; cattle, meat byproducts; cattle, meat (fat basis); citrus 
pulp, dehydrated; and citrus fruits, which were each proposed for 
revocation with an expiration date were also modified.
    Agency Response. EPA is revoking the ethion tolerances for citrus, 
dried pulp and fruit, citrus in 40 CFR 180.173 with no further 
modification at this time. Additionally, EPA is taking no action on the 
ethion milk and cattle tolerances in 40 CFR 180.173 at this time.
    EPA is revoking the tolerances for citrus, dried pulp and fruit, 
citrus in 40 CFR 180.173 with an expiration/revocation date of October 
1, 2008. In the ethion RED, EPA recommended that the citrus tolerances 
should be revoked, but also be raised during the period before they 
expire (from 10.0 to 25.0 ppm for dehydrated pulp and from 2.0 to 5.0 
ppm for citrus fruits) based on the available citrus field trial and 
processing data. However, while the citrus tolerances were proposed to 
be revoked and raised in the codification section of the April 15, 2002 
rule (67 FR 18150), the preamble for ethion stated only that the 
tolerances were proposed to be revoked and did not mention raising 
these tolerances in the interim period. Therefore, in a future 
publication in the Federal Register, EPA will propose to raise the 
tolerances for citrus, dried pulp and fruit, citrus during the period 
before they expire to 25.0 and 5.0 ppm, respectively.
    EPA is not taking action on the milk and cattle tolerances at this 
time in order to verify whether a cancellation order for one cattle ear 
tag product was completed. In addition, while the cattle tolerances 
were proposed to be revoked and lowered in the codification section of 
the April 15, 2002 rule (67 FR 18150), in the preamble for ethion, the 
rule had stated only that the tolerances were proposed to be revoked. 
Therefore, in a future publication in the Federal Register, EPA will 
propose to revoke and lower the cattle tolerances during the period 
before they expire on October 1, 2008 to 0.2 ppm and propose to revoke 
the milk tolerance on October 1, 2008.
    ii. Comments from Cheminova, Inc., Florida Citrus Mutual (FCM) and 
Florida Fruit and Vegetable Association (FFVA). Comments were received 
from Cheminova, FCM and FFVA who each requested that the revocation of 
the tolerance for ethion on citrus and animal products be set no 
earlier than October 1, 2008 to allow treated citrus fruit to travel 
through juice processing and channels of trade, as well as to allow 
animal commodities (from animals fed treated dehydrated citrus pulp) 
through channels of trade. Cheminova and FFVA noted that fruit in a 
citrus grove legally treated with ethion in December 2004 could remain 
on the tree and not be picked until May or June 2005. Cheminova and FCM 
noted that the bulk (90% to 95%) of Florida citrus products are made 
into processed juice products. Cheminova also noted that because so 
much of the citrus crop in Florida is grown for juice, citrus legally 
treated with ethion may remain in the channels of trade for several 
years. Both FCM and FFVA specifically stated that fruit processed for 
frozen concentrated orange juice could conceivably be stored for up to 
24 months before being moved into the channels of trade and could take 
an additional 12 months before reaching the consumer.
    Agency Response. EPA agrees that citrus and animal feed (citrus, 
dried pulp) with legal residues of ethion can take several years to 
clear channels of trade. With a last legal use date of December 31, 
2004, the Agency agrees with the commenters that the expiration date of 
October 1, 2008 for the citrus and animal tolerances is reasonable. 
Therefore, EPA is revoking the tolerances in 40 CFR 180.173 for 
residues of ethion including its oxygen analog (S-
[[diethoxyphosphinothioyl)thio]methyl] O,O-diethyl phosphorothioate) in 
or on goats, fat; goats, mbyp; goats, meat; hogs, fat; hogs, mbyp; 
hogs, meat; horses, fat; horses, mbyp; horses, meat; sheep, fat; sheep, 
mbyp; and sheep, meat with an expiration/revocation date of October 1, 
2008.
    In addition, EPA is revoking the tolerance for raisins and tea, 
dried in 180.173 with an effective date that is 90

[[Page 49608]]

days after publication of this final rule in the Federal Register. On 
January 14, 1998 (63 FR 2163)(FRL-5755-9), EPA consolidated certain 
food and feed additive tolerance regulations in 40 CFR parts 185 and 
186 to part 180, including the raisins and tea, dried tolerances for 
ethion from 185.2750 into 180.173. On February 5, 1998 (63 FR 
5907)(FRL-5743-9), the Agency proposed to revoke the tolerances for 
raisins and tea, dried in 40 CFR 180.173. The Agency did not receive 
any comment on the proposed revocation of these two tolerances. 
However, on October 26, 1998, EPA published a final rule in the Federal 
Register (63 FR 57067) (FRL-6035-6) which inadvertently did not remove 
the raisins and tea, dried tolerances from the table of entries found 
in 40 CFR 180.173. Now, EPA is finalizing that action.
    2. Fenthion--Comment by Bayer Corporation. A comment was received 
from Bayer Corporation in which Bayer stated that it is not appropriate 
to revoke the fenthion milk and animal tolerances (fat, meat, and meat 
byproducts for cattle and hogs) in 40 CFR 180.214 with the proposed 
expiration date of April 1, 2003 because these tolerances are also 
necessary for use of fenthion drug products, insecticides for cattle 
use, one of which is a pour-on. Bayer stated that while it stopped 
manufacturing these animal drug products on September 28, 2000, one 
product can be used on livestock until it expires on September 28, 
2004. Also, Bayer noted that treated commodities would take an 
additional 18 months to move through trade channels and requested an 
expiration date of April 1, 2006 as more appropriate.
    Agency Response. To address Bayer's concern, the Agency is revoking 
the tolerances in 40 CFR 180.214 for residues of fenthion and its 
cholinesterase-inhibiting metabolites in or on cattle, fat; cattle, 
meat; and cattle (mbyp) with an expiration/revocation date of April 1, 
2006 to allow sufficient time for treated commodities to pass through 
channels of trade. In a follow-up communication, Bayer stated that (1) 
no swine uses were associated with the two fenthion animal drug 
products and (2) the two fenthion animal drug products were for use on 
non-lactating dairy cattle. For these reasons, Bayer noted that there 
is no need to extend the milk or hog tolerances. Therefore, EPA is 
revoking the tolerances in 40 CFR 180.214 for hogs, fat; hogs, meat; 
hogs (mbyp); and milk with an expiration/revocation date of April 1, 
2003, which allows sufficient time for treated commodities to pass 
through channels of trade.
    Also, EPA is revising commodity terminology in 40 CFR 180.214 to 
conform to current Agency practice as follows: ``cattle (mbyp)'' to 
``cattle, meat byproducts;'' ``hogs, fat'' to ``hog, fat;'' ``hogs, 
meat'' to ``hog, meat;'' and ``hogs, mbyp'' to ``hog, meat 
byproducts.''
    3. Methamidophos--i. Comment by Canadian Horticultural Council 
(CHC). A comment was received from the CHC, who requested the retention 
of methamidophos (trade name Monitor) tolerances for broccoli, Brussels 
sprouts, cabbage, cauliflower, and lettuce to allow importation of 
those methamidophos-treated food commodities.
    Agency Response. Because a comment was received which expressed a 
need for the retention of specific tolerances for import purposes, EPA 
will not revoke the tolerances in 40 CFR 180.315 for broccoli, Brussels 
sprouts, cabbage, cauliflower, and lettuce at this time. EPA will 
follow-up to see that data requirements are met. When the submitted 
data have been reviewed, EPA will re-evaluate these tolerances under 
FFDCA.
    ii. Comment by Private Citizen. A comment was received from a 
private citizen who asked that the Agency comment on Brussels sprouts, 
cauliflower, and lettuce codified in 40 CFR 180.108 under acephate with 
regard to the metabolite methamidophos in light of the proposed 
revocations in 40 CFR 180.315 for those tolerances.
    Agency Response. There are active registrations for acephate, which 
degrades to methamidophos residues, on Brussels sprouts, cauliflower, 
and lettuce head. These tolerances are codified at 40 CFR 180.108 for 
residues of methamidophos (O,S-dimethyl phosphoramidothioate) as no 
more than 0.5 ppm, 0.5 ppm, and 1.0 ppm, respectively. However, while 
there are no active registrations for use of methamidophos on Brussels 
sprouts, cauliflower, and lettuce, there are tolerances for those 
commodities codified at 40 CFR 180.315 for residues of methamidophos at 
1.0 ppm. To achieve compatibility with CODEX (0.5 ppm for cauliflower 
and 1.0 ppm for lettuce head) and to remove duplicate tolerances, EPA 
proposed to revoke the cauliflower (1.0 ppm) and lettuce (1.0 ppm) 
tolerances for methamidophos in Sec. 180.315. Methamidophos residues 
from the use of acephate on Brussels sprouts, cauliflower, and lettuce 
head would have remained covered under 40 CFR 180.108. In a future 
publication in the Federal Register, EPA will propose to revise the 
acephate tolerances in 40 CFR 180.108 by consolidating that portion 
concerning residues of methamidophos from acephate use to be recodified 
with other methamidophos tolerances under Sec. &thnsp180.315.
    EPA is revoking the tolerances in 40 CFR 180.315(a) for residues of 
methamidophos in or on beets, sugar, roots; and beets, sugar, tops. On 
July 2, 1997, EPA published a notice in the Federal Register (62 FR 
35812) (FRL-5724-7) under section 6(f)(1) of FIFRA announcing its 
receipt of requests from the registrants to terminate the use of 
methamidophos on all crops except cotton and potatoes, and to cancel 
all methamidophos 24(c) food-use registrations not labeled for use on 
tomatoes only, and provided a period for public comment. On December 
23, 1997 (62 FR 67071) (FRL-5764-2), EPA published a notice in which 
the Agency responded to comments received and approved those 
terminations and cancellations, effective December 31, 1997. The Agency 
determined that after December 31, 1997 only persons other than the 
registrants were allowed to sell and distribute existing stocks, which 
EPA believed to be relatively small. More than four years has passed, 
which the Agency believes to be sufficient time for exhaustion of those 
stocks and for treated commodities to have cleared channels of trade.
    Because a petition submitted by the registrant to the Agency for 
use on peppers regarding a FIFRA section 24(c) registration is pending 
and because of the possibility that existing labels for section 24(c) 
registrations may not yet have been amended regarding deletion of 
cucumbers, eggplant, and melons, the Agency will not address cucumbers, 
eggplant, melons, and peppers at this time. However, EPA is revising 
commodity terminology in 40 CFR 180.315 to conform to current Agency 
practice as follows: ``cottonseed'' to ``cotton, undelinted seed;'' 
``cucumbers'' to ``cucumber;'' ``melons'' to ``melon;'' ``peppers'' to 
``pepper;'' ``potatoes'' to ``potato'' and ``tomatoes'' to ``tomato.'' 
EPA is also removing the ``(N)'' designation from the ``cotton, 
undelinted seed'' and ``potato'' entries to conform to current Agency 
administrative practice (``N'' designation means negligible residues).
    4. Pirimiphos-methyl--Comment by Schering-Plough Animal Health 
Corporation. A comment was received from Schering-Plough, who requested 
that the current pirimiphos-methyl tolerances for cattle be retained. 
Schering-Plough stated that the insecticide is currently used in ear 
tag products as part of an integrated pest management program to 
control horn flies and face flies on beef and non-lactating dairy 
cattle and calves. Also,

[[Page 49609]]

Schering-Plough noted that a 1996 magnitude of residue study from 
dermal application for a pour-on product was submitted to EPA, but was 
returned pending completion of the organophosphate cumulative risk 
assessment process. In addition, Schering-Plough asked that the Agency 
provide a consistent and level playing field to all sponsors; i.e., EPA 
should not include one sponsor's proposed use for pre-treatment of 
grain storage bins (Product and Chemistry Chapter of June 1, 1998), 
while at the same time exclude or delay approval of another proposed 
use such as for a cattle-pour-on product in their assessment. Finally, 
Schering-Plough noted that EPA actions to revoke or lower cattle 
tolerances would be an inefficient use of resources because Schering-
Plough expects to submit an application for registration of a 
pirimiphos-methyl pour-on product for cattle, including a completed 
dermal magnitude of residue study.
    Agency Response. In the proposal of April 15, 2002, EPA concluded 
that the current tolerance on ``cattle meat'' was no longer needed 
because the Agency has a reasonable expectation that no detectable 
pirimiphos-methyl residues of concern would be found in cattle meat as 
a result of cattle exposure via existing uses of pirimiphos-methyl. 
(Results from ruminant and poultry feeding studies, and residue trials 
conducted on stored grains, indicated that residues in certain 
livestock commodities could be classified under 40 CFR 180.6(a)(3); 
i.e., there is no reasonable expectation of finite residues). Schering-
Plough noted that the proposal to revoke the cattle meat tolerance was 
based on the Agency's review of livestock feeding studies, not from a 
magnitude of residue study from dermal application. Schering-Plough 
requested retention of the cattle meat tolerance and stated it would 
submit a registration application for a new use (pour-on product 
formulation) for cattle, including a dermal metabolism study for 
pirimiphos-methyl. EPA maintains that a cumulative risk assessment for 
all organophosphate active ingredients must be completed before the 
acceptance of new registrations can occur for pirimiphos-methyl. 
Whether dermal exposure results for pirimiphos-methyl would have the 
same metabolic pattern as oral dosing is not known. At this time, EPA 
will not take action on the tolerance for ``cattle, meat'' in 40 CFR 
180.409. EPA will continue to deliberate the issue, but may finalize 
the revocation of the cattle meat tolerance in a future publication in 
the Federal Register.
    Because the tolerances are no longer needed, EPA is revoking the 
tolerances in 40 CFR 180.409(a)(1) for combined residues of pirimiphos-
methyl, O-[2-diethylamino-6-methyl-4- pyrimidinyl) O,O-dimethyl 
phosphorothioate, the metabolite O-[2-ethylamino-6-methyl- pyrimidin-4-
yl) O,O-dimethyl phosphorothioate and, in free and conjugated form, the 
metabolites 2-diethylamino-6-methyl-pyrimidin-4-ol), 2-ethylamino-6-
methyl-pyrimidin-4-ol, and 2-amino-6-methyl-pyrimidin-4-ol in or on 
eggs; goats, meat; hogs, meat; horses, meat; milk, fat (0.1 ppm (N) in 
whole milk; poultry, mbyp; poultry, meat; and sheep, meat.
    According to the pirimiphos-methyl Interim Reregistration 
Eligibility Decision (IRED), residues in sorghum milling fractions are 
no longer included in Table 1, ``Raw Agricultural and Processed 
Commodities and Livestock Feeds Derived From Field Crops,'' of OPPTS 
860.1000 (EPA 712-C-96-169, Residue Chemistry Test Guidelines, August 
1996); i.e., sorghum milling fractions are no longer considered a 
significant feed item, and the tolerance is no longer needed. 
Therefore, EPA is revoking the tolerance in Sec. 180.409(a)(2) for 
sorghum milling fractions (except flour). For reassessment counting 
purposes, the tolerance for sorghum milling fractions will count as two 
to reflect the two tolerances (in 40 CFR 185.4950 and 186.4950) that 
had existed on August 3, 1996, when FQPA was enacted.
    EPA is removing the tolerances in Sec. 180.409(a)(2) for corn 
milling fractions (except flour); and corn oil. In the IRED, the Agency 
concluded that based on processing studies pirimiphos-methyl residues 
did not concentrate in these processed commodities and therefore these 
tolerances are no longer needed. Because the use of pirimiphos-methyl 
on corn remains, any residues in or on these processed corn commodities 
will remain covered by the existing tolerance for corn. For 
reassessment counting purposes, the Agency will not count removal of 
the tolerances for corn oil and corn milling fractions (except flour) 
as reassessments in this final rule.
    In addition, EPA is revising commodity terminology in 40 CFR 
180.409 to conform to current Agency practice as follows: ``cattle, 
mbyp'' to ``cattle, meat byproducts;'' ``goats, fat'' to ``goat, fat;'' 
``goats, mbyp'' to ``goat, meat byproducts;'' ``hogs, fat'' to ``hog, 
fat;'' ``hogs, mbyp'' to ``hog, meat byproducts;'' ``horses, fat'' to 
``horse, fat;'' ``horses, mbyp'' to ``horse, meat byproducts;'' 
``sheep, mbyp'' to ``sheep, meat byproducts;'' and ``sorghum, grain'' 
to ``sorghum, grain, grain.'' Also in Sec. 180.409, EPA is revising 
``cattle, kidney and liver'' to ``cattle, kidney'' and ``cattle, 
liver;'' ``goats, kidney and liver'' to ``goat, kidney'' and ``goat, 
liver;'' ``hogs, kidney and liver'' to ``hog, kidney'' and ``hog, 
liver;'' ``horses, kidney and liver'' to ``horse, kidney'' and ``horse, 
liver;'' and ``sheep, kidney and liver'' to ``sheep, kidney'' and 
``sheep, liver.''
    5. Profenofos--Comment by Private Citizen. A comment was received 
from a private citizen who inquired whether the proposal of April 15, 
2002 revised the tolerance expression in 40 CFR 180.404. The commenter 
noted that a change in tolerance expression to profenofos per se was 
recommended in the profenofos IRED of August, 2000 because profenofos 
is considered a residue of toxicological concern.
    Agency Response. EPA did not propose to revise the tolerance 
expression in 40 CFR 180.404 at this time. The change in the tolerance 
expression as recommended in the IRED for profenofos will be proposed 
in the near future.
    EPA is revoking the tolerances in 40 CFR 180.404 for hogs, fat; 
hogs, mbyp; and hogs, meat. The Agency concluded that there is no 
reasonable expectation of finite residues for hog commodities (meat, 
fat, and meat byproducts) for profenofos based on feeding studies and 
the tolerances are no longer needed according to 40 CFR 180.6(a)(3).
    Also, EPA is revoking the tolerance in Sec. 180.404 for cottonseed 
hulls because the tolerance is no longer needed. Based on a cottonseed 
processing study, EPA determined that the current and interim 
cottonseed tolerances are each adequate to cover cottonseed hulls.
    No comments were received by the Agency concerning the following.
    6. Acephate. EPA is revoking the tolerances in 40 CFR 180.108 for 
combined residues of acephate and its cholinesterase-inhibiting 
metabolite O,S-dimethylphosphura-midothioate in or on grass (pasture 
and range) and grass hay because no active registrations exist which 
cover those commodities. On April 17, 1998 (63 FR 19254)(FRL-5782-6), 
July 8, 1998 (63 FR 36897)(FRL-5797-1), July 22, 1998 (63 FR 
39287)(FRL-5799-9), and January 27, 1999 (64 FR 4099)(FRL-6051-8), EPA 
had published notices in the Federal Register under section 6(f)(1) of 
FIFRA announcing its receipt of requests from registrants to cancel or 
amend certain product registrations and delete certain acephate uses, 
including the grass pasture and rangeland use for acephate. EPA 
approved the registrants' requests for voluntary cancellation of those 
specific product registrations and

[[Page 49610]]

deletion of certain uses, including the use for grass (pasture and 
rangeland), and allowed a period of 18 months (in the 1998 notices) and 
12 months (in the 1999 notice) for registrants to sell and distribute 
those specific existing stocks affected. The Agency believes that end 
users have had sufficient time (at least 18 months beyond the endpoint 
for sale and distribution by registrants) to exhaust those existing 
stocks and for treated commodities to have cleared the channels of 
trade.
    7. Amitraz. Apple and horse commodity tolerances are currently 
codified in 40 CFR 180.287 at 0 ppm; i.e., no finite tolerance is 
established for apple and horse commodities for amitraz. Also, there is 
currently no registered use of amitraz on apples or horse commodities. 
Because the tolerances are no longer needed, the Agency is revoking the 
tolerances in 40 CFR 180.287 for residues of amitraz and its 
metabolites in or on apples; horses, fat; horses, mbyp; and horses, 
meat. The EPA believes that sufficient time has passed for the 
possibility of any stocks to have been exhausted and for the 
possibility of any treated commodities to have cleared channels of 
trade.
    Also, there is a pending petition to establish tolerances for the 
dermal use of amitraz. Currently, there are six tolerances in 40 CFR 
180.287 for goats, fat; goats, mbyp; goats, meat; sheep, fat; sheep, 
mbyp; and sheep, meat at 0 ppm. EPA has been able to identify no past 
or current registrations of amitraz for use on goat or sheep 
commodities. However, due to the pending petition, EPA is not taking 
final action on those six tolerances at this time. EPA believes that 
there is no risk of exposure to amitraz under these tolerances because 
the tolerance permits no detectable amount of the pesticide chemical to 
remain on the raw agricultural commodity when it is offered for 
shipment and therefore the tolerances present a reasonable certainty of 
no harm to human health. In accordance with FQPA, the Agency considers 
those six goat and sheep tolerances at 0 ppm to be reassessed.
    In addition, the Agency is revising commodity terminology in 40 CFR 
180.287 to conform to current Agency practice as follows: ``beeswax'' 
to ``honeycomb.'' On June 21, 2002 (67 FR 42391)(FRL-7180-1), EPA 
published a final rule in the Federal Register concerning tolerance 
nomenclature, which revised the terminology of certain commodity terms 
listed under 40 CFR part 180, subpart C in order to establish a uniform 
listing, including the entry for ``hop, dried cone'' to ``hop, dried 
cones.''
    8. Carbaryl. In the U.S., there are no current uses of the 
insecticide carbaryl in or on cotton, forage; barley; oats; or rye. The 
Agency approved the registrant's requests for voluntary amendment of 
various carbaryl product labels to delete use on oats and rye in 1996, 
barley in 1997, and cotton forage in 1999. Therefore, EPA is revoking 
the tolerances in 40 CFR 180.169 for residues of carbaryl, including 
its hydrolysis product 1-naphthol, calculated as 1-naphthyl N-
methylcarbamate in or on barley, grain; barley, green fodder; barley, 
straw; cotton, forage; oat, fodder, green; oat, grain; oat, straw; rye, 
fodder, green; rye, grain; and rye, straw. The Agency believes that 
sufficient time has passed for stocks to have been exhausted and for 
treated commodities to have cleared channels of trade.
    9. Chlorpyrifos. Because beans, lima, forage; beans, snap, forage; 
sorghum milling fractions (sorghum flour is used exclusively in the 
U.S. as a component for drywall, not as either a human or animal feed 
item); bean, forage; and pea forage; are no longer considered to be 
significant feed items, the tolerances are no longer needed. Therefore, 
EPA is revoking the tolerances in 40 CFR 180.342(a)(1) for beans, lima, 
forage; beans, snap, forage; and sorghum milling fractions and in 
Sec. 180.342(a)(2) for bean, forage and pea forage.
    Because there are currently no current registered uses for combined 
residues of chlorpyrifos and its metabolite 3,5,6-trichloro-2-pyridinol 
on dates, mushrooms, and seed and pod vegetables; and for residues of 
chlorpyrifos on caneberries and sugarcane, EPA is revoking the 
tolerances for mushrooms and seed and pod vegetables in 40 CFR 
180.342(a)(1), caneberries and sugarcane in Sec. 180.342(a)(2), and 
dates in Sec. 180.342(c)(1). EPA believes that sufficient time has 
passed for stocks to have been exhausted and for treated commodities to 
have cleared channels of trade.
    In addition, the Agency is revising commodity terminology to 
conform to current Agency practice as follows: In 40 CFR 180.342(a)(1) 
``beans, snap'' to ``bean, snap, succulent;'' in 40 CFR 180.342(a)(2) 
``sweet potato'' to ``sweet potato, roots;'' and in 40 CFR 
180.342(c)(1) ``grapes'' to ``grape'' and ``leeks'' to ``leek.''
    On June 21, 2002 (67 FR 42391)(FRL-7180-1), EPA published a final 
rule in the Federal Register concerning tolerance nomenclature, which 
revised the terminology of certain commodity terms listed under 40 CFR 
part 180, subpart C in order to establish a uniform listing, including 
the entries for ``sorghum, fodder'' to ``sorghum, grain, stover''; and 
``sorghum, grain'' to ``sorghum, grain, grain.''
    10. Cryolite. EPA is revoking tolerances in 40 CFR 180.145 for 
residues of fluorine compounds cryolite and synthetic cryolite (sodium 
aluminum fluoride) in or on beets, roots; radish, roots; rutabaga, 
roots; and turnip, roots. The registrant(s) of cryolite requested 
voluntary cancellation for use on beets, radishes, rutabagas, and 
turnips. Rutabagas were removed from cryolite labels prior to 1988. 
Beets were removed from cryolite labels in 1988. On September 25, 1996 
a FIFRA section 6(f)(1) notice of receipt of a request to voluntarily 
delete radish and turnip uses from cryolite registrations was published 
in the Federal Register (61 FR 50294) (FRL-5394-2), with a use deletion 
date of December 24, 1996. EPA believes that sufficient time has passed 
for stocks to have been exhausted and for treated commodities to have 
cleared channels of trade.
    11. Disulfoton. On June 4, 1997, EPA published a notice in the 
Federal Register (62 FR 30578) (FRL-5715-8) under section 6(f)(1) of 
FIFRA announcing its receipt of requests for amendments to delete 
disulfoton uses for pineapples, rice, and sugar beets. EPA approved the 
request, effective December 1, 1997, and allowed the registrants to 
sell or distribute products under the previously approved labeling for 
18 months (June 1, 1999). More than two and one-half years has passed, 
which the Agency believes to be sufficient time for exhaustion of those 
stocks and for treated commodities to have cleared channels of trade. 
Because no active registrations exist for use of disulfoton in or on 
those commodities, the EPA is revoking the tolerances in 40 CFR 
180.183(a)(1) for residues of disulfoton and its cholinesterase-
inhibiting metabolites in or on beets, sugar, roots; beets, sugar, 
tops; pineapples; rice; and rice, straw; and the tolerances in 
Sec. 180.183(a)(2) for residues of disulfoton, calculated as demeton, 
in dehydrated sugar beet pulp and in pineapple bran.
    The commodity ``bean, vines'' is no longer considered to be a 
significant animal feed item and the tolerance is no longer needed. 
Therefore, EPA is revoking the tolerance for bean, vines in 40 CFR 
180.183.
    On February 7, 2001, EPA published a notice in the Federal Register 
(66 FR 9317)(FRL-6765-9) under section 6(f)(1) of FIFRA announcing its 
receipt of requests for amendments to delete disulfoton uses for corn, 
oats, and

[[Page 49611]]

pecans. EPA approved the request, effective March 9, 2001, and allowed 
the registrants to sell or distribute product under the previously 
approved labeling for 18 months (ending September 9, 2002). EPA 
believes that those stocks should be exhausted within 12 months of that 
date (September 9, 2003). Because no active registrations exist for the 
use of disulfoton in or on those commodities, EPA is revoking the 
tolerances in 40 CFR 180.183(a)(1) for the combined residues of 
disulfoton and its cholinesterase-inhibiting metabolites, calculated as 
demeton, in or on corn, field, fodder; corn, field, forage; corn, 
grain; corn, pop; corn, pop, fodder; corn, pop, forage; corn, sweet, 
fodder; corn, sweet, forage; corn, sweet, grain (K+CWHR); oats, fodder, 
green; oats, grain; oats, straw; and pecans with an expiration, 
revocation date of December 9, 2003. The Agency believes that this 
revocation date permits users to exhaust stocks and allows sufficient 
time for passage of treated commodities through the channels of trade.
    In addition, EPA is revising commodity terminology in 40 CFR 
180.183(a) to conform to current Agency practice as follows: ``beans, 
dry'' to ``bean, dry, seed;'' ``beans, lima'' to ``bean, lima;'' 
``coffee beans'' to ``coffee, bean;'' ``corn, field, fodder'' to 
``corn, field, stover;'' ``corn, pop, fodder'' to ``corn, pop, 
stover;'' ``corn, sweet, fodder'' to ``corn, sweet, stover;'' 
``cottonseed'' to ``cotton, undelinted seed;'' ``hops'' to ``hop, dried 
cones;'' ``oats, grain'' to ``oat, grain;'' ``oats, straw'' to ``oat, 
straw;'' ``peas'' to ``pea;'' ``peas, vines'' to ``pea, field, vines;'' 
``pecans'' to ``pecan;'' ``peppers'' to ``pepper;'' ``potatoes'' to 
``potato;'' ``sorghum, fodder'' to ``sorghum, grain, stover;'' 
``soybeans, forage'' to ``soybean, forage;'' ``soybeans, hay'' to 
``soybean, hay;'' ``tomatoes'' to ``tomato;'' and ``wheat, fodder, 
green'' to ''wheat, hay.`` Also in 180.183, EPA is revising ''corn, 
grain'' to ``corn, field, grain;'' ``corn, pop'' to ``corn, pop, 
grain;'' ``corn, sweet, grain (K+CWHR)'' to ``corn, sweet, kernel plus 
cob with husks removed;'' ``oats, fodder, green`` to ``oat, hay;'' and 
``sugarcane'' to ``sugarcane, cane.''
    On June 21, 2002 (67 FR 42391)(FRL-7180-1), EPA published a final 
rule in the Federal Register concerning tolerance nomenclature, which 
revised the terminology of certain commodity terms listed under 40 CFR 
part 180, subpart C in order to establish a uniform listing, including 
the entries for ``peanuts'' to ``peanut;'' ``sorghum, grain'' to 
``sorghum, grain, grain;'' and ``soybeans'' to ``soybean.''
    12. Ethalfluralin. When EPA establishes tolerances for residues in 
or on raw agricultural commodities, consideration must be given to the 
possible residues of those pesticides in meat, milk, poultry, and/or 
eggs produced by animals that are fed agricultural products (for 
example, grain or hay) containing pesticide residues (40 CFR 180.6). 
When considering this possibility, the EPA can conclude that (1) finite 
residues will exist in meat, milk, poultry, and/or eggs; (2) there is a 
reasonable expectation that finite residues will exist; or (3) there is 
a reasonable expectation that finite residues will not exist. In 1994, 
the ethalfluralin RED recommended revocation for egg, milk, fat, meat, 
and meat byproduct tolerances based on animal metabolism data 
(submitted since the time that the tolerances were originally 
established) from which EPA concluded that there is no reasonable 
expectation of finite residues for meat, fat, and meat byproduct 
commodities and the associated tolerances are not required according to 
40 CFR 180.6(a)(3). Those feeding studies used exaggerated amounts of 
the pesticide and did not show measurable residues in animal tissues. 
Therefore, the Agency is revoking the tolerances in 40 CFR 180.416 for 
residues of ethalfluralin in or on goats, fat; goats, meat; and goats, 
mbyp.
    13. Ethoprop. EPA is revoking the tolerance for okra in 40 CFR 
180.262(c). There is currently no registered use of ethoprop on okra. 
EPA has not been able to identify a past registration of ethoprop for 
use on okra since an regional tolerance was established in 1987 and 
believes that the use was canceled years ago. Therefore, the Agency 
believes that sufficient time has passed for stocks to have been 
exhausted and for treated commodities to have cleared channels of 
trade.
    14. Fluvalinate. With the exception of honey, which is linked to 
the active registration for use in/on beehives, there are no active 
food-use registrations for the insecticide fluvalinate. The use of 
fluvalinate on cotton was voluntarily canceled in 1991. Cotton had been 
the only animal feed use for fluvalinate; therefore, the animal 
commodity tolerances are no longer needed. EPA believes that sufficient 
time has passed for exhaustion of those stocks and for treated 
commodities to have cleared channels of trade. Therefore, EPA is 
revoking the tolerances in 40 CFR 180.427(a) for residues of 
fluvalinate in or on cattle, fat; cattle, mbyp; cattle, meat; 
cottonseed; cottonseed hulls; cottonseed oil (crude and refined); eggs; 
goat, fat; goat, mbyp; goat, meat; hogs, fat; hogs, mbyp; hogs, meat; 
horses, fat; horses, mbyp; horses, meat; milk; poultry, fat; poultry, 
mbyp; poultry, meat; sheep, fat; sheep, mbyp; and sheep, meat.
    Also, a tolerance for coffee was established in 1989 based on a 
FIFRA section 24(c) registration and use of fluvalinate on coffee was 
restricted to Hawaii. In May 1990, the registration was canceled. 
Therefore, the Agency is revoking the tolerance in 40 CFR 180.427(c) 
for residues of fluvalinate in or on coffee.
    15. Metribuzin. The Agency is revoking the tolerance in 40 CFR 
180.332 for residues of metribuzin and its triazinone metabolites in or 
on potato waste, processed (dried). Because potato waste, processed 
(dried) is no longer considered a significant feed item, the tolerance 
is no longer needed. The EPA had issued a RED for metribuzin, approved 
on May 20, 1997, but the potato waste, processed (dried) tolerance was 
since identified not to be a significant feed item.
    16. Oxamyl. Because peanut, forage; pineapples, forage; and soybean 
straw commodities are no longer considered to be significant feed 
items, the associated tolerances are no longer needed. Therefore, EPA 
is revoking the tolerances in 40 CFR 180.303 for the sum of the 
residues of the insecticide oxamyl (methylN-N-dimethyl-N-
[(methylcarbamoyl)-oxy]-1-thiooxamimidate) and its oxime metabolite 
N,N-dimethyl-N-hydroxy-1-thiooxamimidate calculated as oxamyl in or on 
peanut, forage; pineapple, forage; and soybean straw.
    17. Phorate. Because these commodities are no longer considered 
significant livestock feed items and therefore the associated 
tolerances are no longer needed, EPA is revoking the tolerances in 40 
CFR 180.206 for combined residues of phorate and its cholinesterase-
inhibiting metabolites in or on bean, vines and peanut, vines.
    Because current product labels do not allow feeding livestock with 
peanut hay treated with phorate, the tolerance is no longer needed. 
Therefore, the Agency is revoking the tolerance in 40 CFR 180.206 for 
peanuts, hay. In addition, sufficient sugar beet processing data are 
available that indicate phorate residues of concern do not concentrate 
in dried sugar beet pulp. Therefore, that tolerance is no longer needed 
and EPA is revoking the tolerance in 40 CFR 180.206 for beet, sugar, 
dried pulp.
    18. Phosalone. EPA is revoking the tolerance in 40 CFR 180.263 for 
residues of phosalone in or on almond, hulls because that tolerance is 
no longer needed. In 1986, 1987, and 1991,

[[Page 49612]]

registrations for phosalone use on almonds were canceled. There are no 
U.S. registrations. While a tolerance for almonds exists for 
importation purposes only, the tolerance for ``almond, hulls'' is not 
needed for import purposes. Almond hulls are a livestock feed item and 
are not imported, nor do countries with registered uses for phosalone 
on almonds export significant quantities of livestock commodities to 
the U.S.
    19. Phosmet. EPA is revoking the tolerances in 40 CFR 180.261 for 
the sum of the residues for N-(mercaptomethyl) phthalimide S-(O,O-
dimethyl phosphorodithioate) and its oxygen analog N-(mercaptomethyl) 
phthalimide S-(O,O-dimethyl phosphorothioate) in or on corn, fresh 
(inc. sweet K+CWHR); corn, fodder; corn, forage; and corn, grain 
because no active registrations exist which cover those commodities. 
Previously, on April 17, 1996 (61 FR 16779)(FRL-5360-5), EPA had 
published a notice in the Federal Register under section 6(f)(1) of 
FIFRA announcing its receipt of requests from the registrant to delete 
certain product label uses, including the corn use for phosmet. EPA 
approved the registrant's request for an amendment to delete the corn 
use from its label effective July 16, 1996, and allowed the registrant 
to sell and distribute affected existing stocks for 18 months; i.e., 
until January 16, 1998. EPA believes that end users have now had 
sufficient time (more than 4 years) to exhaust those stocks and for 
treated commodities to have cleared channels of trade.
    20. Propiconazole. EPA is revoking the tolerance in 40 CFR 180.434 
for grass, seed screenings because that commodity is no longer 
considered a significant feed item and therefore the tolerance is no 
longer needed. Also, because a tolerance for stonefruit group at 1.0 
ppm already exists for the combined residues of propiconazole and its 
metabolites determined as 2,4-dichlorobenzoic acid (expressed as parent 
compound) in 40 CFR 180.434, the EPA believes that each of the 
individual tolerances in Sec. 180.434 at 1.0 ppm for apricots, 
nectarines, peaches, plums, and prunes, fresh are unnecessary 
duplicates and therefore is removing them. The use of propiconazole on 
those commodities will be covered by the remaining group tolerance. For 
reassessment counting purposes, the Agency will not count removal of 
those fruit tolerances as reassessments because the use will remain 
covered by the existing ``stonefruit group'' tolerance. In addition, 
the EPA is revising the commodity terminology for in 40 CFR 180.434 to 
conform to current Agency practice as follows: ``grass, hay (straw)'' 
to ``grass, hay'' and ``grass, straw;''.
    21. Tetrachlorvinphos. EPA is revoking tolerances in 40 CFR 
180.252(a) for residues of tetrachlorvinphos in or on alfalfa and 
sheep, fat. All registered uses of tetrachlorvinphos on food or feed 
plant commodities, including alfalfa, were canceled in 1987. In June 
1995, EPA had issued a RED for tetrachlorvinphos which recommended 
revoking the tolerances for ``alfalfa'' and ``sheep, fat'' because 
there were no registered uses associated with those commodities. On 
August 27, 1997 (62 FR 45416) (FRL-5737-4), the EPA published the 
registrant's request for voluntary cancellation for the remaining 
tetrachlorvinphos product that could have had the sheep use. EPA 
believes that end users have now had sufficient time to exhaust those 
stocks and for treated commodities to have cleared channels of trade.
    22. Thiram. EPA is revoking the tolerances in 40 CFR 180.132 for 
celery, onions (dry bulb), tomatoes, and ``bananas (from preharvest and 
postharvest application) of which not more than 1 part per million 
shall be in the pulp after peel is removed and discarded.'' On November 
6, 1996, the EPA published a notice in the Federal Register (61 FR 
57419)(FRL-5570-5) under section 6(f)(1) of FIFRA announcing its 
receipt of requests for amendments to delete certain uses, including 
bananas, celery, onions (dry bulb), and tomatoes from the thiram 
technical label, effective February 4, 1997. The Agency allowed a 
period of 18 months for the registrant to sell or distribute product 
under previously approved labeling. The Agency believes that end users 
have had sufficient time to exhaust product under the previously 
approved labeling and for treated commodities to have cleared channels 
of trade. For tolerance reassessment counting purposes, the EPA will 
count bananas as 2 tolerances (banana, with peel, pre- and post-harvest 
at 7.0 ppm and banana, pulp at 1.0 ppm). In addition, the EPA is 
revising commodity terminology in 40 CFR 180.132 to conform to current 
Agency practice as follows: ``apples'' to ``apple,'' ``peaches'' to 
``peach,'' and ``strawberries'' to ``strawberry.''
    23. Tribufos. EPA is revoking the tolerance in 40 CFR 180.272 for 
residues of tribufos (S,S,S-tributyl phosphorotrithioate) in or on 
cottonseed hulls because the tolerance is no longer needed, based on a 
cottonseed processing study, which showed that while residues of 
tribufos in cottonseed had been present, no concentration of tribufos 
residues occurred during normal processing procedures in cottonseed 
meal, hulls, crude and refined oils.

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

    It is EPA's general practice to propose revocation of tolerances 
for residues of pesticide active ingredients on crop uses for which 
FIFRA registrations no longer exist. EPA has historically been 
concerned that retention of tolerances that are not necessary to cover 
residues in or on legally treated foods may encourage misuse of 
pesticides within the United States. Nonetheless, EPA will establish 
and maintain tolerances even when corresponding domestic uses are 
canceled if the tolerances, which EPA refers to as ``import 
tolerances,'' are necessary to allow importation into the United States 
of food containing such pesticide residues. However, where there are no 
imported commodities that require these import tolerances, the Agency 
believes it is appropriate to revoke tolerances for unregistered 
pesticides in order to prevent potential misuse.

C. When Do These Actions Become Effective?

    EPA is revoking certain tolerances for disulfoton with an 
expiration/revocation date of December 9, 2003. The Agency is revoking 
most ethion tolerances with an expiration/revocation date of October 1, 
2008. The Agency is also revoking fenthion tolerances for cattle with 
an expiration/revocation date of April 1, 2006 and fenthion tolerances 
for hogs and milk with an expiration/revocation date of April 1, 2003.
    However, other actions (including any commodity terminology 
revisions concerning tolerances for disulfoton, ethion, or fenthion, as 
well as revocations and commodity terminology revisions concerning 
tolerances for other pesticides mentioned in this final rule) become 
effective 90 days following publication of this final rule in the 
Federal Register. EPA has delayed the effectiveness of these 
revocations for 90 days following publication of this final rule to 
ensure that all affected parties receive notice of EPA's actions. 
Consequently, for these other actions, the effective date is October 
29, 2002. For this final rule, tolerances that were revoked because 
registered uses did not exist concern uses which have been canceled for 
many years. Therefore, commodities containing these pesticide residues 
should have cleared the channels of trade.

[[Page 49613]]

    Any commodities listed in the regulatory text of this document that 
are treated with the pesticides subject to this final rule, and that 
are in the channels of trade following the tolerance revocations, shall 
be subject to FFDCA section 408(1)(5), as established by the FQPA. 
Under this section, any residue of these pesticides in or on such food 
shall not render the food adulterated so long as it is shown to the 
satisfaction of FDA that, (1) the residue is present as the result of 
an application or use of the pesticide at a time and in a manner that 
was lawful under FIFRA, and (2) the residue does not exceed the level 
that was authorized at the time of the application or use to be present 
on the food under a tolerance or exemption from a tolerance. Evidence 
to show that food was lawfully treated may include records that verify 
the dates that the pesticide was applied to such food.

D. What is the Contribution to Tolerance Reassessment?

    By law, EPA is required by August 2002 to reassess 66% or about 
6,400 of the tolerances in existence on August 2, 1996. EPA is also 
required to assess the remaining tolerances by August, 2006. As of July 
17, 2002, EPA has reassessed over 5,680 tolerances. This final rule 
revokes 140 tolerances, four of which were previously counted as 
reassessed for cryolite during a registration decision action on 
December 5, 1997 (62 FR 64294) (FRL-5756-5), three of which were 
previously counted as reassessed for ethalfluralin during a 
registration decision action on January 17, 2002 (67 FR 2333) (FRL-
6818-6), one of which was previously reassessed in the metribuzin RED 
of 1997, and two tolerances were previously counted as reassessed for 
disulfoton in a notice published on May 22, 2002 (67 FR 35991)(FRL-
7178-9). Of the 140 tolerance revocations, 130 tolerances are 
considered reassessed in this final rule. Additionally, EPA considered 
six goat and sheep tolerances at 0 ppm for amitraz to be reassessed. 
Therefore, a total of 136 tolerance reassessments count toward the 
August, 2002 review deadline of FFDCA section 408(q), as amended by 
FQPA in 1996. However, the Agency does not consider the removal of 5 
propiconazole and 2 pirimiphos-methyl tolerances as reassessments and 
they are not counted as such in this final rule.

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

    EPA is working to ensure that the U.S. tolerance reassessment 
program under FQPA does not disrupt international trade. EPA considers 
Codex Maximum Residue Limits (MRLs) in setting U.S. tolerances and in 
reassessing them. MRLs are established by the Codex Committee on 
Pesticide Residues, a committee within the Codex Alimentarius 
Commission, an international organization formed to promote the 
coordination of international food standards. When possible, EPA seeks 
to harmonize U.S. tolerances with Codex MRLs. EPA may establish a 
tolerance that is different from a Codex MRL; however, FFDCA section 
408(b)(4) requires that EPA explain in a Federal Register document the 
reasons for departing from the Codex level. EPA's effort to harmonize 
with Codex MRLs is summarized in the tolerance reassessment section of 
individual REDs. The U.S. EPA has developed guidance concerning 
submissions for import tolerance support (65 FR 35069, June 1, 2000) 
(FRL-6559-3). This guidance will be made available to interested 
persons. Electronic copies are available on the internet at http://www.epa.gov/. On the Home Page select ``Laws and Regulations,'' then 
select ``Regulations and Proposed Rules'' and then look up the entry 
for this document under ``Federal Register--Environmental Documents.'' 
You can also go directly to the ``Federal Register'' listings at http://www.epa.gov/fedrgstr/.

IV. Objections and Hearing Requests

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

    You must file your objection or request a hearing on this 
regulation in accordance with the instructions provided in this unit 
and in 40 CFR part 178. To ensure proper receipt by EPA, you must 
identify docket ID number OPP-2002-0155 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 September 
30, 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. Objection/hearing fee payment. If you file an objection or 
request a hearing, you must also pay the fee prescribed by 40 CFR 
180.33(i) or request a waiver of that fee pursuant to 40 CFR 180.33(m). 
You must mail the fee to: EPA Headquarters Accounting Operations 
Branch, Office of Pesticide Programs, P.O. Box 360277M, Pittsburgh, PA 
15251. Please identify the fee submission by labeling it ``Tolerance 
Petition Fees.''
    EPA is authorized to waive any fee requirement ``when in the 
judgement of the Administrator such a waiver or refund is equitable and 
not contrary to the purpose of this subsection.'' For additional 
information regarding the waiver of these fees, you may contact James 
Tompkins by phone at (703) 305-5697, by e-mail at [email protected], 
or by mailing a request for information to Mr. Tompkins at Registration 
Division (7505C), Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
    If you would like to request a waiver of the tolerance objection 
fees, you must mail your request for such a waiver to: James Hollins, 
Information Resources and Services Division (7502C), Office of 
Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania 
Ave., NW., Washington, DC 20460.
    3. Copies for the Docket. In addition to filing an objection or 
hearing request with the Hearing Clerk as described in Unit IV.A., you 
should also send a copy of your request to the PIRIB for its inclusion 
in the official record that is described in Unit I.B.2. Mail your 
copies, identified by docket ID number OPP-2002-0155, 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

[[Page 49614]]

the PIRIB described in Unit I.B.2. You may also send an electronic copy 
of your request via e-mail to: [email protected]. Please use an ASCII 
file format and avoid the use of special characters and any form of 
encryption. Copies of electronic objections and hearing requests will 
also be accepted on disks in WordPerfect 6.1/8.0 or ASCII file format. 
Do not include any CBI in your electronic copy. You may also submit an 
electronic copy of your request at many Federal Depository Libraries.

B. When Will the Agency Grant a Request for a Hearing?

    A request for a hearing will be granted if the Administrator 
determines that the material submitted shows the following: There is a 
genuine and substantial issue of fact; there is a reasonable 
possibility that available evidence identified by the requestor would, 
if established resolve one or more of such issues in favor of the 
requestor, taking into account uncontested claims or facts to the 
contrary; and resolution of the factual issues(s) in the manner sought 
by the requestor would be adequate to justify the action requested (40 
CFR 178.32).

V. Regulatory Assessment Requirements

    This final rule will revoke tolerances established under FFDCA 
section 408. The Office of Management and Budget (OMB) has exempted 
this type of action (i.e., a tolerance revocation for which 
extraordinary circumstances do not exist) from review under Executive 
Order 12866, entitled Regulatory Planning and Review (58 FR 51735, 
October 4, 1993). Because this final rule has been exempted from review 
under Executive Order 12866 due to its lack of significance, this final 
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 as required by Executive 
Order 12898, entitled Federal Actions to Address Environmental Justice 
in Minority Populations and Low-Income Populations (59 FR 7629, 
February 16, 1994); or OMB review or any other Agency action under 
Executive Order 13045, entitled Protection of Children from 
Environmental Health Risks and Safety Risks (62 FR 19885, April 23, 
1997). This action does not involve any technical standards that would 
require Agency consideration of voluntary consensus standards pursuant 
to section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272 
note). Pursuant to the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 
et seq.), the Agency previously assessed whether revocations of 
tolerances might significantly impact a substantial number of small 
entities and concluded that, as a general matter, these actions do not 
impose a significant economic impact on a substantial number of small 
entities. This analysis was published on December 17, 1997 (62 FR 
66020), and was provided to the Chief Counsel for Advocacy of the Small 
Business Administration. Taking into account this analysis, and 
available information concerning the pesticides listed in this rule, I 
certify that this action will not have a significant economic impact on 
a substantial number of small entities. Specifically, as per the 1997 
notice, EPA has reviewed its available data on imports and foreign 
pesticide usage and concludes that there is a reasonable international 
supply of food not treated with canceled pesticides. Furthermore, the 
Agency knows of no extraordinary circumstances that exist as to the 
present revocations that would change EPA's previous analysis.
    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.

VI. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of this final rule in the Federal Register. This final 
rule is not a ``major rule'' as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 180

    Environmental protection, Administrative practice and procedure, 
Agricultural commodities, Pesticides and pests, Reporting and 
recordkeeping requirements.



[[Page 49615]]


    Dated: July 22, 2002.
Marcia E. Mulkey,
Director, Office of Pesticide Programs.

    Therefore, 40 CFR part 180 is amended as follows:

PART 180-- [AMENDED]

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

    Authority: 21 U.S.C. 321(q), 346(a) and 371.


Sec. 180.108  [Amended]

    2. Section 180.108 is amended by removing the entries for ``Grass 
(pasture and range)'' and ``Grass hay'' from the table in paragraph 
(a)(1).

    3. Section 180.132 is revised to read as follows:


Sec. 180.132  Thiram; tolerances for residues.

    (a) General. Tolerances for residues of the fungicide thiram 
(tetramethyl thiuram disulfide) in or on raw agricultural commodities 
are established as follows:

------------------------------------------------------------------------
                      Commodity                        Parts per million
------------------------------------------------------------------------
Apple................................................                7.0
Peach................................................                7.0
Strawberry...........................................                7.0
------------------------------------------------------------------------

    (b) Section 18 emergency exemptions. [Reserved]
    (c) Tolerances with regional registrations. [Reserved]
    (d) Indirect or inadvertent residues. [Reserved]


Sec. 180.145  [Amended]

    4. Section 180.145 is amended by removing the entries for ``Beet, 
roots''; ``Radish, roots''; ``Rutabaga, roots''; and ``Turnip, roots'' 
from the table in paragraph (a)(1).


Sec. 180.169  [Amended]

    5. Section 180.169 is amended by removing the entries for ``Barley, 
grain''; ``Barley, green fodder''; ``Barley, straw''; ``Cotton, 
forage''; ``Oat, fodder, green''; ``Oat, grain''; ``Oat, straw''; 
``Rye, fodder, green''; ``Rye, grain''; and ``Rye, straw'' from the 
table in paragraph (a)(1).

    6. Section 180.173 is amended by revising the table in paragraph 
(a) to read as follows:


Sec. 180.173  Ethion; tolerances for residues.

    (a) General. *  *  *

------------------------------------------------------------------------
                                                  Expiration/Revocation
          Commodity           Parts per million            Date
------------------------------------------------------------------------
Cattle, fat.................                2.5                     None
Cattle, meat (fat basis)....                2.5                     None
Cattle, meat byproducts.....                1.0                     None
Citrus, dried pulp..........               10.0                  10/1/08
Fruit, citrus...............                2.0                  10/1/08
Goat, fat...................                0.2                  10/1/08
Goat, meat..................                0.2                  10/1/08
Goat, meat byproducts.......                0.2                  10/1/08
Hog, fat....................                0.2                  10/1/08
Hog, meat...................                0.2                  10/1/08
Hog, meat byproducts........                0.2                  10/1/08
Horse, fat..................                0.2                  10/1/08
Horse, meat.................                0.2                  10/1/08
Horse, meat byproducts].....                0.2                  10/1/08
Milk fat (reflecting (N)                    0.5                     None
 residues in milk)..........
Sheep, fat..................                0.2                  10/1/08
Sheep, meat.................                0.2                  10/1/08
Sheep, meat byproducts......                0.2                  10/1/08
------------------------------------------------------------------------

* * * * *

    7. Section 180.183 is amended by revising paragraph (a) to read as 
follows:


Sec. 180.183  [O,O-Diethyl S-[2-(ethylthio)ethyl] phosphorodithioate; 
tolerances for residues.

    (a) General. Tolerances are established for the combined residues 
of the insecticide O,O-diethyl S-[2-(ethylthio)ethyl] 
phosphorodithioate and its cholinesterase-inhibiting metabolites, 
calculated as demeton, in or on the following raw agricultural 
commodities:

------------------------------------------------------------------------
                                                  Expiration/Revocation
          Commodity           Parts per million            Date
------------------------------------------------------------------------
Barley, grain...............               0.75                     None
Barley, straw...............                5.0                     None
Bean, dry, seed.............               0.75                     None
Bean, lima..................               0.75                     None
Bean, snap..................               0.75                     None
Broccoli....................               0.75                     None
Brussels sprouts............               0.75                     None
Cabbage.....................               0.75                     None
Cauliflower.................               0.75                     None
Coffee, bean................                0.3                     None
Corn, field, forage.........                5.0                  12/9/03
Corn, field, grain..........                0.3                  12/9/03
Corn, field, stover.........                5.0                  12/9/03
Corn, pop, forage...........                5.0                  12/9/03
Corn, pop, grain............                0.3                  12/9/03
Corn, pop, stover...........                5.0                  12/9/03
Corn, sweet, forage.........                5.0                  12/9/03
Corn, sweet, kernel plus cob                0.3                  12/9/03
 with husks removed.........

[[Page 49616]]

 
Corn, sweet, stover.........                5.0                  12/9/03
Cotton, undelinted seed.....               0.75                     None
Hop, dried cones............                0.5                     None
Lettuce.....................               0.75                     None
Oat, grain..................               0.75                  12/9/03
Oat, hay....................                5.0                  12/9/03
Oat, straw..................                5.0                  12/9/03
Peanut......................               0.75                     None
Pea.........................               0.75                     None
Pea, field, vines...........                5.0                     None
Pecan.......................               0.75                  12/9/03
Pepper......................                0.1                     None
Potato......................               0.75                     None
Sorghum, forage.............                5.0                     None
Sorghum, grain, grain.......               0.75                     None
Sorghum, grain, stover......                5.0                     None
Soybean.....................                0.1                     None
Soybean, forage.............               0.25                     None
Soybean, hay................               0.25                     None
Spinach.....................               0.75                     None
Sugarcane, cane.............                0.3                     None
Tomato......................               0.75                     None
Wheat, hay..................                5.0                     None
Wheat, grain................                0.3                     None
Wheat, straw................                5.0                     None
------------------------------------------------------------------------

* * * * *


Sec. 180.206  [Amended]

    8. Section 180.206 is amended by removing the entries for ``Bean, 
vines''; ``Beet, sugar, dried pulp''; ``Peanut, hay''; and ``Peanut, 
vines''; from the table in paragraph (a).

    9. Section 180.214 is amended by revising the table in paragraph 
(a) to read as follows:


Sec. 180.214  Fenthion; tolerances for residues.

    (a) General. *  *  *  

------------------------------------------------------------------------
                                                  Expiration/Revocation
          Commodity           Parts per million            Date
------------------------------------------------------------------------
Cattle, fat.................                0.1                   4/1/06
Cattle, meat................                0.1                   4/1/06
Cattle, meat byproducts.....                0.1                   4/1/06
Hog, fat....................                0.1                   4/1/03
Hog, meat...................                0.1                   4/1/03
Hog, meat byproducts........                0.1                   4/1/03
Milk........................               0.01                   4/1/03
------------------------------------------------------------------------

* * * * *


Sec. 180.252  [Amended]

    10. Section 180.252 is amended by removing from the table in 
paragraph (a)(1) the entries for ``Alfalfa'' and ``Sheep, fat.''


Sec. 180.261  [Amended]

    11. Section 180.261 is amended by removing from the table in 
paragraph (a) the entries for ``Corn, fresh (inc. sweet K+CWHR)''; 
``Corn, fodder''; ``Corn, forage''; and ``Corn, grain.''

    12. Section 180.262 is amended by removing the text of paragraph 
(c) and reserving paragraph (c) with a heading, to read as follows:


Sec. 180.262  Ethoprop; tolerances for residues.

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


Sec. 180.263  [Amended]

    13. Section 180.263 is amended by removing the entry for ``Almond, 
hulls'' from the table.


Sec. 180.272  [Amended]

    14. Section 180.272 is amended by removing from the table in 
paragraph (a) the entry for ``Cotton, hulls.''

    15. Section 180.287 is amended as follows:
    i. By redesignating the existing text as paragraph (a) and adding a 
heading.
    ii. By removing the entries from table in newly designated 
paragraph (a) for ``Apple''; ``Beeswax''; ``Hop, dried cone''; ``Horse, 
fat''; ``Horse, meat byproducts''; and ``Horse, meat.''
    iii. By alphabetically adding entries for ``Honeycomb'' and ``Hop, 
dried cones'' to the table in newly designated paragraph (a).
    iv. By adding and reserving with headings paragraphs (b), (c), and 
(d).


Sec. 180.287  Amitraz; tolerances for residues.

    (a) General. *  *  *

------------------------------------------------------------------------
                      Commodity                        Parts per million
------------------------------------------------------------------------
                        *    *    *    *    *
Honeycomb............................................                6.0
Hop, dried cones.....................................               60.0
                        *    *    *    *    *
------------------------------------------------------------------------

    (b) Section 18 emergency exemptions. [Reserved]
    (c) Tolerances with regional registrations. [Reserved]
    (d) Indirect or inadvertent residues. [Reserved]

[[Page 49617]]

Sec. 180.303  [Amended]

    16. Section 180.303 is amended by removing from the table in 
paragraph (a)(1) the entries for ``Peanut, forage''; ``Pineapple, 
forage''; and ``Soybean straw.''

    17. Section 180.315 is amended by revising the table in paragraph 
(a) to read as follows:


Sec. 180.315  Methamidophos; tolerances for residues.

    (a) General. * * *

------------------------------------------------------------------------
                 Commodity                        Parts per million
------------------------------------------------------------------------
Broccoli..................................                           1.0
Brussels sprouts..........................                           1.0
Cabbage...................................                           1.0
Cauliflower...............................                           1.0
Cotton, undelinted seed...................                           0.1
Cucumber..................................                           1.0
Eggplant..................................                           1.0
Lettuce...................................                           1.0
Melon.....................................                           0.5
Pepper....................................                           1.0
Potato....................................                           0.1
Tomato....................................                           1.0
------------------------------------------------------------------------

* * * * *


Sec. 180.332  [Amended]

    18. Section 180.332 is amended by removing from the table in 
paragraph (a) the entry for ``Potato waste, processed (dried).''

    19. Section 180.342 is amended as follows:
    i. By removing the entries for ``Bean, lima, forage''; ``Bean, 
snap, forage''; ``Mushroom''; ``Seed and pod vegetables'' and ``Sorghum 
milling fractions'' from the table in paragraph (a)(1).
    ii. By changing ``Bean, snap'' to ``Bean, snap, succulent''; 
``Sorghum, fodder'' to ``Sorghum, grain, stover''; and ``Sorghum, 
grain'' to ``Sorghum, grain, grain''; in the table in paragraph (a)(1).
    iii. By removing the entries for ``Bean, forage''; ``Caneberries''; 
``Pea forage''; and ``Sugarcane'' from the table in paragraph (a)(2).
    iv. By changing ``Sweet potato'' to ``Sweet potato, roots'' in the 
table in paragraph (a)(2).
    v. By revising paragraph (c)(1).
    The section, as amended, reads as follows:


Sec. 180.342  Chlorpyrifos; tolerances for residues.

* * * * *
    (c) Tolerances with regional registrations. (1) Tolerances with 
regional registration, as defined in Sec. 180.1(n), are established for 
the combined residues of chlorpyrifos and its metabolite 3,5,6-
trichloro-2-pyridinol in or on the following food commodities:

------------------------------------------------------------------------
                 Commodity                        Parts per million
------------------------------------------------------------------------
Asparagus.................................                           5.0
Grape.....................................                           0.5
Leek (of which no more than 0.2 ppm is                               0.5
 chlorpyrifos)............................
------------------------------------------------------------------------

* * * * *


Sec. 180.404  [Amended]

    20. Section 180.404 is amended by removing the entries for 
``Cotton, hulls''; ``Hog, fat''; ``Hog, meat byproducts''; and ``Hog, 
meat'' from the table in paragraph (a).

    21. Section 180.409 is amended by revising the table in paragraph 
(a)(1); removing paragraph (a)(2); and redesignating paragraph (a)(3) 
as paragraph (a)(2) to read as follows:


Sec. 180.409  Pirimiphos-methyl; tolerances for residues.

    (a) General. (1) * * *

------------------------------------------------------------------------
                 Commodity                        Parts per million
------------------------------------------------------------------------
Cattle, fat...............................                           0.2
Cattle, kidney............................                           2.0
Cattle, liver.............................                           2.0
Cattle, meat..............................                           0.2
Cattle, meat byproducts...................                           0.2
Corn......................................                           8.0
Goat, fat.................................                           0.2
Goat, kidney..............................                           2.0
Goat, liver...............................                           2.0
Goat, meat byproducts.....................                           0.2
Hog, fat..................................                           0.2
Hog, kidney...............................                           2.0
Hog, liver................................                           2.0
Hog, meat byproducts......................                           0.2
Horse, fat................................                           0.2
Horse, kidney.............................                           2.0
Horse, liver..............................                           2.0
Horse, meat byproducts....................                           0.2
Kiwifruit.................................                           5.0
Poultry, fat..............................                           0.2
Sheep, fat................................                           0.2
Sheep, kidney.............................                           2.0
Sheep, liver..............................                           2.0
Sheep, meat byproducts....................                           0.2
Sorghum, grain, grain.....................                           8.0
------------------------------------------------------------------------

* * * * *


Sec. 180.416  [Amended]

    22. Section 180.416 is amended by removing the entries for ``Goat, 
fat''; ``Goat, meat''; and ``Goat, meat byproducts'' from the table in 
paragraph (a).

    23. Section 180.427 is amended by revising the table in paragraph 
(a); removing the text in paragraph (c); and reserving paragraph (c) 
with a heading to read as follows:


Sec. 180.427  Fluvalinate; tolerances for residues.

    (a) General. * * *

------------------------------------------------------------------------
                 Commodity                        Parts per million
------------------------------------------------------------------------
Honey.....................................                          0.05
------------------------------------------------------------------------

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


Sec. 180.434  [Amended]

    24. Section 180.434 is amended by revising the table in paragraph 
(a) as follows:
    i. By removing the entries for ``Apricot,'' ``Grass, seed 
screenings,'' ``Nectarine,'' ``Peach,'' ``Plum,'' and ``Plum, prune, 
fresh.''
    ii. By changing ``Grass, hay (straw)'' to ``Grass, hay'' and 
``Grass, straw;''.

[FR Doc. 02-19104 Filed 7-30-02; 8:45 am]
BILLING CODE 6560-50-S