[Federal Register Volume 68, Number 11 (Thursday, January 16, 2003)]
[Rules and Regulations]
[Pages 2242-2247]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-969]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[OPP-2002-0336; FRL-7284-8]


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

[[Page 2243]]

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 January 16, 2003. Objections and 
requests for hearings, identified by docket ID number OPP-2002-0336, 
must be received by EPA on or before February 18, 2003.

ADDRESSES: Written objections and hearing requests may be submitted 
electronically, by mail, or through hand delivery/courier. Follow the 
detailed instructions as provided in Unit I. of the SUPPLEMENTARY 
INFORMATION.

FOR FURTHER INFORMATION CONTACT: See the table in this unit 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 20460-0001; e-mail address: 
[email protected].

------------------------------------------------------------------------
            Pesticide/CFR cite                     Contact person
------------------------------------------------------------------------
Sodium chlorate; 180.1020                   Libby Pemberton
Zinc phosphide; 180.284...................  (703) 308-9364
------------------------------------------------------------------------
Fenhexamid; 180.553                         Barbara Madden
N-(4-fluorophenyl)-N-(1-methylethyl)-2-[[5- (703) 305-6463
 (trifluoromethyl)-1,3,4-thiadiazol-2-      ............................
 yl]oxy]acetamide; 180.527.
------------------------------------------------------------------------
Bifenthrin; 180.442                         Andrea Conrath
                                            (703) 308-9356
------------------------------------------------------------------------
Tebufenozide; 180.482                       Andrew Ertman
Lambda-cyhalothrin; 180.438...............  (703) 308-9367
Sulfentrazone; 180.498....................
Spinosad; 180.495.........................
 2,4-D; 180.142...........................
------------------------------------------------------------------------
Mancozeb;180.176                            Dan Rosenblatt
                                            (703) 308-9366
------------------------------------------------------------------------


SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you are a federal 
or state government agency involved in administration of environmental 
quality programs. Potentially affected entities may include, but are 
not limited to:
     Federal or State Government Entity, (NAICS 9241), i.e., Department 
of Agriculture, Environment, etc.
    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 this unit could also be 
affected. The North American Industrial Classification System (NAICS) 
codes have been provided to assist you and others in determining 
whether this action might apply to certain entities. If you have any 
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 Copies of this Document and Other Related Information?

    1. Docket. EPA has established an official public docket for this 
action under docket identification (ID) number OPP-2002-0336. The 
official public docket consists of the documents specifically 
referenced in this action, any public comments received, and other 
information related to this action. Although a part of the official 
docket, the public docket does not include Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. The official public docket is the collection of materials 
that is available for public viewing at the Public Information and 
Records Integrity Branch (PIRIB), Rm. 119, Crystal Mall 2, 
1921 Jefferson Davis Hwy., Arlington, VA. This docket facility is open 
from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal 
holidays. The docket telephone number is (703) 305-5805.
    2. Electronic access. You may access this Federal Register document 
electronically through the EPA Internet under 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.
    An electronic version of the public docket is available through 
EPA's electronic public docket and comment system, EPA Dockets. You may 
use EPA Dockets at http://www.epa.gov/edocket/ to submit or view public 
comments, access the index listing of the contents of the official 
public docket, and to access those documents in the public docket that 
are available electronically. Although not all docket materials may be 
available electronically, you may still access any of the publicly 
available docket materials through the docket facility identified in 
Unit I.B.1. Once in the system, select ``search,'' then key in the 
appropriate docket ID number.

II. Background and Statutory Findings

    EPA published final rules in the Federal Register for each 
chemical/commodity listed. 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 FIFRA section 18 . 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 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 section 408(b)(2) of FFDCA, and 
decided that the necessary tolerance under section 408(l)(6) of FFDCA 
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) of FFDCA. Therefore, the time-
limited tolerances are extended until the date listed. 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 section 408(l)(5) 
of FFDCA, 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

[[Page 2244]]

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. 2,4-D. EPA has authorized under FIFRA section 18 the use of 2,4-
D on wild rice for control of water plantain in Minnesota. This 
regulation extends time-limited tolerances for residues of the 
herbicide 2,4-dichlorophenoxyacetic acid and its metabolites in or on 
wild rice at 0.1 parts per million (ppm) for an additional 3-year 
period. This tolerance will expire and is revoked on December 31, 2005. 
A time-limited tolerance was originally published in the Federal 
Register of September 5, 1997 (62 FR 46900) (FRL-5738-9).
    2. Bifenthrin. EPA has authorized under FIFRA section 18 the use of 
bifenthrin on citrus for control of weevils in Texas and Florida. This 
regulation extends time-limited tolerances for residues of the 
insecticide bifenthrin in or on citrus, dried pulp and citrus, oil at 
0.3 parts per million (ppm) for an additional 2-year period. This 
tolerance will expire and is revoked on December 31, 2004. A time-
limited tolerance was originally published in the Federal Register of 
December 16, 1998 (63 FR 69200) (FRL-6048-1).
    3. N-(4-fluorophenyl)-N-(1-methylethyl)-2-[[5-(trifluoromethyl)-
1,3,4-thiadiazol-2-yl]oxy]acetamide. EPA has authorized under FIFRA 
section 18 the use of N-(4-fluorophenyl)-N-(1-methylethyl)-2-[[5-
(trifluoromethyl)-1,3,4-thiadiazol-2-yl]oxy]acetamide on wheat and 
triticale for control of ryegrass in Idaho, Oregon, and Washington. 
This regulation extends a time-limited tolerance for combined residues 
of the herbicide N-(4-fluorophenyl)-N-(1-methylethyl)-2-[[5-
(trifluoromethyl)-1,3,4-thiadiazol-2-yl]oxy]acetamide and its 
metabolites containing the 4-fluoro-N-methylethyl benzenamine moiety in 
or on wheat grain at 1 ppm, wheat forage at 10 ppm, wheat hay at 2 ppm, 
wheat straw at 0.5 ppm, meat and fat of cattle, goats, horses, hogs, 
and sheep at 0.05 ppm, meat byproducts (other than kidney) of cattle, 
goats, horses, hogs, and sheep at 0.10 ppm and kidney of cattle, goats, 
horses, hogs, and sheep at 0.50 ppm for an additional 1-year, 11 
months. These tolerances will expire and are revoked on June 30, 2005. 
Time-limited tolerances were originally published in the Federal 
Register of August 6, 1999 (64 FR 42839) (FRL-6091-9).
    4. Fenhexamid. EPA has authorized under FIFRA section 18 the use of 
fenhexamid on pears for control of gray mold in California. This 
regulation extends a time-limited tolerance for residues of the 
fungicide fenhexamid, (N-2,3-dichloro-4-hydroxyphenyl)-1-methyl 
cyclohexanecarboxamide in or on pears at 15 ppm for an additional 2-
year period. This tolerance will expire and is revoked on December 31, 
2004. A time-limited tolerance was originally published in the Federal 
Register of November 21, 2000 (65 FR 69876) (FRL-6752-4)
    EPA has received objections to tolerances it established for 2,4-D, 
and fenhexamid on different food commodities. 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. Although these 
objections concern separate rulemaking proceedings under the FFDCA, EPA 
has considered whether it is appropriate to extend the emergency 
exemption tolerances for 2,4-D, and fenhexamid 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 unlikely to conclude prior to when action is 
necessary on this petition. NRDC's objections raise complex legal, 
scientific, policy, and factual matters and EPA initiated a 60-day 
public comment period on them in the Federal Register of June 19, 2002 
(67 FR 41628) (FRL-7167-7). That comment period was extended until 
October 16, 2002 (September 17, 2002, 67 FR 58536) (FRL-7275-3), and 
EPA is now examining the extensive comments received. 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 2,4-D, and fenhexamid.
    5. Lambda-Cyhalothrin. EPA has authorized under FIFRA section 18 
the use of lambda-cyhalothrin on barley for control of the Russian 
wheat aphid and cutworms in Idaho, Colrado, Wyoming, and Montana. This 
regulation extends a time-limited tolerance for combined residues of 
the pyrethroid lambda-cyhalothrin, 1:1 mixture of (S)-[alpha]-cyano-3-
phenoxybenzyl-(Z)-(1R,3R)-3-(2-chloro-3,3,3-trifluoroprop-1-enyl)-2,2-
dimethylcyclopropanecarboxylate and (R)-[alpha]-cyano-3-phenoxybenzyl-
(Z)-(1S,3S)-3-(2-chloro-3,3,3-trifluoroprop-1-enyl)-2,2-
dimethylcyclopropanecarboxylate and its epimer expressed as epimer of 
lambda-cyhalothrin, a 1:1 mixture of (S)-[alpha]-cyano-3-phenoxybenzyl-
(Z)-(1S,3S)-3-(2-chloro-3,3,3-trifluoroprop-1-enyl)-2,2-
dimethylcyclopropanecarboxylate and (R)-[alpha]-cyano-3-phenoxybenzyl-
(Z)-(1R,3R)-3-(2-chloro-3,3,3-trifluoroprop-1-enyl)-2,2-
dimethylcyclopropanecarboxylate in or on barley grain at 0.05 ppm, 
barley bran at 0.2 ppm, and barley hay and straw at 2.0 ppm for an 
additional 3-year period. These tolerances will expire and are revoked 
on December 31, 2005. Time-limited tolerances were originally published 
in the Federal Register of October 29, 1997 (62 FR 56095) (FRL-5745-5)
    6. Mancozeb. EPA has authorized under FIFRA section 18 the use of 
mancozeb on ginseng for control of stem and leaf blight in Wisconsin. 
This regulation extends a time-limited tolerance for combined residues 
of the fungicide mancozeb, calculated as zinc 
ethylenebisdithiocarbamate, and its metabolite ethylenethiourea (ETU) 
in or on ginseng at 2.0 ppm for an additional 2-year period. This 
tolerance will expire and is revoked on December 31, 2004. A time-
limited tolerance was originally published in the Federal Register of 
October 9, 1998 (63 FR 54362) (FRL-6029-5)
    7. Sodium chlorate. The state of Arkansas availed itself of the 
authority to declare the existence of a crisis situation, thereby 
authorizing use under FIFRA section 18 of sodium chlorate on wheat as a 
defoliant or desiccant to aid in the harvest of wheat. This regulation 
extends a time-limited exemption from the requirement of a tolerance 
for residues of the defoliant/desiccant sodium chlorate in or on wheat 
for an additional 2-year period. This exemption from the requirement of 
a tolerance will expire and is revoked on December 31, 2004. A time-
limited exemption from the requirement of a tolerance was originally 
published in the Federal Register of December 3, 1997 (62 FR 63858) 
(FRL-5754-1)
    8. Spinosad. EPA is authorizing under FIFRA section 18 the use of 
spinosad on all agricultural commodities when

[[Page 2245]]

applied in connection with quarantine eradication programs directed by 
state agricultural officials for control of quarantined fruit fly 
species, such as the Mediterranean fruit fly in California. This 
regulation extends a time-limited tolerance for residues of the 
insecticide spinosad, Factor A is 2-[(6-deoxy-2,3,4-tri-O-methyl-o-L-
mannopyranosyl)oxy]-13-[[5-(dimethlamino)-tetrahydro-6-methyl-2H-pyran-
2-yl]oxy]9-ethyl-2,3,3a,5a,6,9,10,11,12,13,14,16a, 6b,tetradecahydro-
14-methyl-1H-as-Indaceno[3,2d]oxacyclododecin-7,15-dione. Factor D is 
2-[6-deoxy-2,3,4-tri-O-methyl-o-L-mannopyranosyl)oxy]13-[[5-
(dimethylamino)-tetrahydri-6-methyl-2H-pyran-2-yl]oxy]-9-ethyl-
2,3,3a,5a,5b,6,9,10,11,12,13,14,16a,16b-tetradecahydro-4,14,dimethyl-
1H-as-Indaceno[3,2d]oxacyclododecin-7,15-dione, in or on all 
agricultural commodities where a separate higher tolerance is not 
already established at 0.02 ppm for an additional 4-year period. This 
tolerance will expire and is revoked on December 31, 2006. A time-
limited tolerance was originally published in the Federal Register of 
July 21, 1999 (62 FR 39053) (FRL-6086-7)
    9. Spinosad. EPA has authorized under FIFRA section 18 the use of 
spinosad on alfalfa for control of armyworms in Texas and New Mexico 
and pastureland and rangeland for control of armyworms in Arkansas, 
Mississippi, Texas, Tennessee and Georgia. This regulation extends 
time-limited tolerances for combined residues of the herbicide 
spinosad, Factor A is 2-[(6-deoxy-2,3,4-tri-O-methyl-o-L-
mannopyranosyl)oxy]-13-[[5-(dimethlamino)- tetrahydro-6-methyl-2H-
pyran-2-yl]oxy]9-ethyl-2,3,3a,5a,6,9,10,11,12,13,14,16a, 
6b,tetradecahydro-14-methyl-1H-as-Indaceno[3,2d]oxacyclododecin-7,15-
dione. Factor D is 2-[6-deoxy-2,3,4-tri-O-methyl-o-L-
mannopyranosyl)oxy]13-[[5-(dimethylamino)-tetrahydri-6-methyl-2H-pyran-
2-yl]oxy]-9-ethyl-2,3,3a,5a,5b,6,9,10,11,12,13,14,16a,16b-
tetradecahydro-4,14,dimethyl-1H-as-Indaceno[3,2d]oxacyclododecin-7,15-
dione in or on alfalfa forage at 4.0 ppm; alfalfa hay at 4.0 ppm; 
cattle fat at 15.0 ppm; cattle, meat byproducts at 3.50 ppm; cattle 
meat at 0.60 ppm; egg at 0.030 ppm; goat fat at 15.0 ppm; goat meat 
byproducts at 3.50 ppm; goat meat at 0.60 ppm; grass forage at 7.0 ppm; 
grass hay at 7.0 ppm; hog fat at 15.0 ppm; hog meat byproducts at 3.50 
ppm; hog meat at 0.60 ppm; horse fat at 15.0 ppm; horse meat byproducts 
at 3.50 ppm; horse, meat at 0.60 ppm; sheep fat at 15.0 ppm; sheep meat 
byproducts at 3.50 ppm; and sheep meat at 0.60 ppm for an additional 3-
year period. These tolerances will expire and are revoked on December 
31, 2005. A time-limited tolerance was originally published for 
sunflowers in the Federal Register of January 9, 2001 (66 FR 1592) 
(FRL-6760-2).
    10. Sulfentrazone. EPA has authorized under FIFRA section 18 the 
use of sulfentrazone on horseradish for control of weeds in Wisconsin, 
Minnesota, and Illinois; sugarcane for control of weeds in Louisiana; 
and sunflowers for control of weeds in Montana, North Dakota, 
Minnesota, Wyoming, Texas, Nebraska, Oklahoma, Missouri, South Dakota, 
Kansas, and Colorado. This regulation extends a time-limited tolerance 
for combined residues of the herbicide sulfentrazone, N-[2,4-dichloro-
5-[4-(difluoromethyl)-4,5-dihydro-3-methyl-5-oxo-1H-1,2,4-triazol-1-
yl]phenyl]methanesulfonamide, and its metabolites 3-hydroxymethyl 
sulfentrazone (HMS) and 3-desmethyl sulfentrazone (DMS) in or on 
horseradish, roots at 0.1 ppm, sugarcane at 0.05 ppm, and sunflower at 
0.1 ppm for an additional 3-year period. These tolerances will expire 
and are revoked on December 31, 2005. A time-limited tolerance was 
originally published for sunflowers in the Federal Register of 
September 21, 1999 (64 FR 51060) (FRL-6097-8). Time-limited tolerances 
were originally published for horseradish and sugarcane in the Federal 
Register of November 9, 2000 (65 FR 67272) (FRL-6751-7).
    11. Tebufenozide. EPA has authorized under FIFRA section 18 the use 
of tebufenozide on sweet potatoes for control of armyworms in 
Mississippi, Louisiana, and North Carolina. This regulation extends a 
time-limited tolerance for residues of the insecticide tebufenozide, 
benzoic acid, 3,5-dimethyl-1-(1,1-dimethylethyl)-2-(4-
ethylbenzoyl)hydrazide in or on sweet potatoes at 0.25 ppm for an 
additional 3-year period. This tolerance will expire and is revoked on 
December 31, 2005. A time-limited tolerance was originally published in 
the Federal Register of December 18, 1998 (63 FR 70030) (FRL-6049-4)
    12. Zinc phosphide. EPA has authorized under FIFRA section 18 the 
use of zinc phosphide on timothy, alfalfa, and clover for control of 
vole complex in Washington. This regulation extends time-limited 
tolerances for residues of the rodenticide zinc phosphide in or on 
alfalfa (forage and hay); clover (forage and hay); and timothy (forage, 
hay and seed) at 1; 0.1; and 0.1 ppm, respectively, for an additional 
3-year period. These tolerances will expire and are revoked on December 
31, 2005. Time-limited tolerances were originally published in the 
Federal Register of August 25, 1998 (63 FR 45176) (FRL-6021-6) and 
February 23, 2000 (65 FR 8872) (FRL-6489-8).

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, EPA will continue to use those procedures, with 
appropriate adjustments, until the necessary modifications can be made. 
The new section 408(g) of the FFDCA 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) 
of the FFDCA, as was provided in the old sections 408 and 409 of the 
FFDCA. 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-2002-0336 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 February 
18, 2003.
    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

[[Page 2246]]

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 (1900C), 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001. You may also deliver your request to the 
Office of the Hearing Clerk in Rm.104, Crystal Mall 2, 1921 
Jefferson Davis Hwy., Arlington, VA. 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 
(703) 603-0061.
    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-
0001.
    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 20460-0001.
    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.1. Mail your 
copies, identified by docket ID number OPP-2002-0336, 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-
0001. In person or by courier, bring a copy to the location of the 
PIRIB described in Unit I.B.1. 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 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 section 
408 of the FFDCA. 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 section 408(l)(6) 
of the FFDCA 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 section 408(n)(4) of the 
FFDCA. 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

[[Page 2247]]

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: December 24, 2002.
Peter Caulkins,
Acting Director, Registration Division, Office of Pesticide Programs.

    Therefore, 40 CFR chapter I is amended as follows:

PART 180--[AMENDED]

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

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


Sec.  180.142  [Amended]

    2. In Sec.  180.142, in the table to paragraph (b), the entry for 
wild rice is amended by revising the expiration date to read ``12/31/
05.''


Sec.  180.176  [Amended]

    3. In Sec.  180.176, in the table to paragraph (b), the entry for 
ginseng is amended by revising the expiration date to read ``12/31/
04.''


Sec.  180.284  [Amended]

    4. In Sec.  180.284, in the table to paragraph (b), the entries for 
alfalfa, forage; alfalfa, hay; clover, forage, clover, hay; timothy, 
forage; timothy, hay; and timothy, seed are amended by revising the 
expiration dates to read ``12/31/05.''


Sec.  180.438  [Amended]

    5. In Sec.  180.438, in the table to paragraph (b),the entries for 
barley, bran; barley, grain; barley, hay; and barley, straw are amended 
by revising the expiration dates to read ``12/31/05.''


Sec.  180.442  [Amended]

    6. In Sec.  180.442, in the table to paragraph (b), the entries for 
citrus, dried pulp; and citrus, oil are amended by revising the 
expiration dates to read ``12/31/04.''


Sec.  180.482  [Amended]

    7. In Sec.  180.482, in the table to paragraph (b), the entry for 
sweet potato, roots is amended by revising the expiration date to read 
``12/31/05.''


Sec.  180.495  [Amended]

    8. In Sec.  180.495, in the table to paragraph (b), the entries for 
alfalfa, forage; alfalfa, hay; cattle, fat; cattle, meat byproducts; 
cattle, meat; egg; goat, fat; goat, meat byproducts; goat, meat; grass, 
forage; grass, hay; hog, fat; hog, meat byproducts; hog, meat; horse, 
fat; horse, meat byproducts; horse, meat; peanut, hay; poultry, fat; 
sheep, fat; sheep, meat byproducts; and sheep, meat are amended by 
revising the expiration date to read ``12/31/05'' and the entry for 
``all commodities in connection with quarantine eradication programs 
against exotic, non-indigenous, fruit fly species, where a separate 
higher tolerance is not already established'' is amended by revising 
the expiration date to read ``12/31/06.''


Sec.  180.498  [Amended]

    9. In Sec.  180.498, in the table to paragraph (b), the entries for 
horseradish, roots; sugarcane; and sunflower are amended by revising 
the expiration date to read ``12/31/05.''


Sec.  180.527  [Amended]

    10. In Sec.  180.527, in the table to paragraph (b), the entries 
for cattle, fat; cattle, kidney; cattle, meat; cattle, meat byproducts; 
goat, fat; goat, kidney; goat, meat; goat, meat byproducts; hog, fat; 
hog, kidney; hog, meat; hog, meat byproducts; horse, fat; horse, 
kidney; horse, meat; horse, meat byproducts; sheep, fat; sheep, kidney; 
sheep, meat; sheep, meat byproducts; wheat, forage; wheat, grain; 
wheat, hay; and wheat, straw are amended by revising the expiration 
date to read ``6/30/05.''


Sec.  180.553  [Amended]

    12. In Sec.  180.553, in the table to paragraph (b), the entry for 
pear is amended by revising the expiration date to read ``12/31/04.''


Sec.  180.1020  [Amended]

    13. In Sec.  180.1020, in the table to paragraph (b), the entry for 
wheat is amended by revising the expiration date to read ``12/31/04.''
[FR Doc. 03-969 Filed 1-15-03; 8:45 a.m.]
BILLING CODE 6560-50-S