[Federal Register Volume 68, Number 122 (Wednesday, June 25, 2003)]
[Rules and Regulations]
[Pages 37759-37765]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-15906]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[OPP-2003-0179; FRL-7311-5]


Extension of Tolerances for Emergency Exemptions (Multiple 
Chemicals)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation extends time-limited tolerances for the 
pesticides listed in Unit II. of the SUPPLEMENTARY INFORMATION. These 
actions are in response to EPA's granting of emergency exemptions under 
section 18 of the Federal Insecticide, Fungicide, and Rodenticide Act 
(FIFRA) authorizing use of these pesticides. Section 408(l)(6) of the 
Federal Food, Drug, and Cosmetic Act (FFDCA) requires EPA to establish 
a time-limited tolerance or exemption from the requirement for a 
tolerance for pesticide chemical residues in food that will result from 
the use of a pesticide under an emergency exemption granted by EPA.

DATES: This regulation is effective June 25, 2003. Objections and 
requests for hearings, identified by docket ID number OPP-2003-0179, 
must be received by EPA on or before July 25, 2003.

ADDRESSES: Written objections and hearing requests may be submitted 
electronically, by mail, or through hand

[[Page 37760]]

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.

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           Pesticide/CFR cite                     Contact person
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Maneb; Sec.   180.110                     Libby Pemberton
Desmedipham; Sec.   180.353.............  [email protected]
Hydramethylnon; Sec.   180.395..........  Phone number (703) 308-9364
Propiconazole; Sec.   180.434...........
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Terbacil; Sec.   180.209                  Barbara Madden
Myclobutanil; Sec.   180.443............  [email protected]
Carfentrazone-ethyl; Sec.   180.515.....  Phone number (703) 305-6463
Methoxyfenozide; Sec.   180.544.........
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Fludioxonil; Sec.   180.516               Andrew Ertman
                                          [email protected]
                                          Phone number (703) 308-9367
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Tebuconazole; Sec.   180.474              Andrea Conrath
Difenoconazole; Sec.   180.475..........  [email protected]
Fenbuconazole; Sec.   180.480...........  Phone number (703) 308-9356
Pyriproxyfen; Sec.   180.510............
Tetraconazole; Sec.   180.557...........
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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 (i.e., Departments of Agriculture, Environment, etc). 
Potentially affected entities may include, but are not limited to:
    [sbull] Federal or State Government Entity, (NAICS 9241), i.e., 
Departments 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-2003-0179. 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 a final rule in the Federal Register for each 
chemical/commodity listed below. The initial issuance of these final 
rules announced that EPA, on its own initiative, under section 408 of 
the FFDCA, 21 U.S.C. 346a, as amended by the Food Quality Protection 
Act of 1996 (FQPA) (Public Law 104-170) was establishing time-limited 
tolerances.
    EPA established the tolerances because section 408(l)(6) of the 
FFDCA requires EPA to establish a time-limited tolerance or exemption 
from the requirement for a tolerance for pesticide chemical residues in 
food that will result from the use of a pesticide under an emergency 
exemption granted by EPA under 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 the FFDCA, 
and decided that the necessary tolerance under section 408(l)(6) of the 
FFDCA would be consistent with the safety standard and with FIFRA 
section 18.

[[Page 37761]]

    The data and other relevant material were 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 the 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 the 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 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. Carfentrazone-ethyl. EPA has authorized under FIFRA section 18 
the use of carfentrazone-ethyl on hops for control of hops sucker 
growth to indirectly control powdery mildew in Idaho, Oregon, and 
Washington. This regulation extends a time-limited tolerance for 
combined residues of the herbicide carfentrazone-ethyl, (ethyl-[alpha]-
2-dichloro-5-[4-(difluoromethyl)-4,5-dihydro-3-methyl-5-oxo-1H-1,2,4-
triazol-1-yl]-4-fluorobenzenepropanoate) and its metabolite 
carfentrazone-chloropropionic acid ([alpha],2-dichloro-5-[4-
(difluoromethyl)-4,5-dihydro-3-methyl-5-oxo-1H-1,2,4-triazol-1-yl]-4-
fluorobenzenepropanoic acid) in or on hop, dried cone at 0.30 ppm for 
an additional 2-year period. This tolerance will expire and is revoked 
on June 30, 2005. A time-limited tolerance was originally published in 
the Federal Registerof August 1, 2001 (66 FR 39640) (FRL-6792 -2)
    2. Desmedipham. EPA has authorized under FIFRA section 18 the use 
of desmidipham on garden beets for control of various weed pests in New 
York. This regulation extends a time-limited tolerance for residues of 
the herbicide desmedipham in or on red beet roots at 0.2 ppm and red 
beet tops at 15 ppm for an additional 18-month period. These tolerances 
will expire and are revoked on June 30, 2005. Time-limited tolerances 
were originally published in the Federal Register on August 29, 1997 
(62 FR 45741) (FRL-5738-5).
    3. Difenoconazole. EPA has authorized under FIFRA section 18 the 
use of difenoconazole on sweet corn seed for control of damping off and 
die-back diseases in Idaho and Colorado. This regulation extends time-
limited tolerances for residues of the fungicide difenoconazole (1-((2-
(2-chloro-4-(4-chlorophenoxy)phenyl)-4-methyl-1,3-dioxolan-2-
yl)methyl)-1H-1,2,4-triazole) in or on corn, sweet (kernel + corn with 
husk removed); corn, sweet, forage; and corn, sweet, stover at 0.1 ppm 
for an additional 2-year period. These tolerances will expire and are 
revoked on December 31, 2005. The time-limited tolerances were 
originally published in the Federal Register of September 1, 1999 (64 
FR 47680) (FRL-6094-3).
    4. Fenbuconazole. EPA has authorized under FIFRA section 18 the use 
of fenbuconazole on grapefruit for control of greasy spot disease in 
Florida. This regulation extends time-limited tolerances for combined 
residues of the fungicide fenbuconazole, ([alpha]-[2-4-chlorophenyl)-
ethyl][alpha]-phenyl-3-(1H-1,2,4-triazole)-1-propanenitrile] and its 
metabolites cis-5-(4-chlorophenyl)-dihydro-3-phenyl-3-(1H-1,2,4-
triazole-1-ylmethyl)-2-3H-furanone and trans-5(4-chlorophenyl)dihydro-
3-phenyl-3-(1H1,2,4-triazole-1-ylmethyl-2-3H-furanone in or on fat, 
meat, and meat byproducts of cattle, goats, hogs, horses, and sheep at 
0.01 ppm; grapefruit at 0.5 ppm; grapefruit oil at 35 ppm; and 
grapefruit dried pulp at 4 ppm for an additional 2-year period. These 
tolerances will expire and are revoked on December 31, 2005. The time-
limited tolerances were originally published in the Federal Register of 
January 29, 1999 (64 FR 4577) (FRL-6054-3).
    5. Fludioxonil. EPA has authorized under FIFRA section 18 the use 
of fludioxonil on pomegranates for control of gray mold in California. 
This regulation extends a time-limited tolerance for combined residues 
of the fungicide fludioxonil, 4-(2,2-difluoro-1,3-benzodioxol-4-yl)-1H-
pyrrole-3-carbonitrile), in or on pomegranates at 5.0 ppm for an 
addtionional 3-year period. This tolerance will expire and is revoked 
on June 30, 2006. The time-limited tolerance was originally published 
in the Federal Register of September 12, 2001 (66 FR 47403) (FRL-6797-
5).
    6. Hydramethylnon. EPA has authorized under FIFRA section 18 the 
use of hydramethylnon on pineapple for control of big-headed and 
Argentine ants in Hawaii. This regulation extends a time-limited 
tolerance for residues of the insecticide hydramethylnon; tetrahydro-
5,5-dimethyl-2-(1H)-pyrimidinoine (3-(4-trifluoromethyl)phenyl)-1-[2-
[4(trifluoromethyl)phenyl]ethenyl)-2-propenylidene) hydrazone] in or on 
pineapple at 0.05 ppm for an additional 2-year period. This tolerance 
will expire and is revoked on June 30, 2005. A time-limited tolerance 
was originally published in the Federal Register of March 4, 1998 (63 
FR 10537) (FR -5767-1).
    7. Maneb. EPA has authorized under FIFRA section 18 the use of 
maneb on walnuts for control of bacterial blight in California. This 
regulation extends a time-limited tolerance for combined residues of 
the fungicide maneb (manganous ethylenebisdithiocarbamate) calculated 
as zinc ethylenebisdithiocarbamate, and its metabolite ethylenethiourea 
in or on walnuts at 0.05 ppm for an additional 2-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 
March 17, 1999 (64 FR 13097) (FRL-6067-9)
    8. Methoxyfenozide. EPA has authorized under FIFRA section 18 the 
use of methoxyfenozide on soybeans for control of soybean loopers and 
salt marsh catepillars in Mississippi. This regulation extends a time-
limited tolerance for residues of the insecticide methoxyfenozide, 
benzoic acid, 3-methoxy-2-methyl-2-(3,5-dimethylbenzoyl)-2-(1,1-
dimethylethyl)hydrazide in or on soybean aspirated grain fractions at 
20 ppm, soybean seed at 0.04 ppm, soybean forage at 10 ppm, soybean hay 
at 75 ppm and soybean oil at 1.0 ppm for an additional 2-year period. 
These tolerances will expire and are revoked on December 31, 2005. A 
time-limited tolerance was originally published in the Federal Register 
of November 2, 2001 (66 FR 55585) (FRL-6806-4)
    9. Myclobutanil. EPA has authorized under FIFRA section 18 the use 
of myclobutanil on hops for control of powdery mildew in Idaho, Oregon, 
and Washington. This regulation extends a time-limited tolerance for 
combined residues of the fungicide myclobutanil, [alpha]-butyl-[alpha]-
(4-chlorophenyl)-1H-1,2,4-triazole-1-propanenitrile and its alcohol 
metabolite [alpha]-(3-hydroxybutyl)-[alpha]-(4-chlorophenyl)-1H-1,2,4-
triazole-1-propanenitrile (free and bound) in or on hops at 5.0 ppm for 
an additional 2-year period. This tolerance will expire and is revoked 
on December 31, 2005. A time-

[[Page 37762]]

limited tolerance was originally published in the Federal Register of 
July 10, 1998 (63 FR 37289) (FRL-5798-6).
    10. Myclobutanil. EPA has authorized under FIFRA section 18 the use 
of myclobutanil on peppers for control of powdery mildew in California. 
This regulation extends a time-limited tolerance for combined residues 
of the fungicide myclobutanil [alpha]-butyl-[alpha]-(4-chlorophenyl)-
1H-1,2,4-triazole-1-propanenitrile and its alcohol metabolite ([alpha]-
(3-hydroxybutyl)-[alpha]-(4-chlorophenyl)-1H-1,2,4-triazole-1-
propanenitrile (free and bound) in or on pepper at 1.0 ppm for an 
additional 2-year period. This tolerance will expire and is revoked on 
June 30, 2005. A time-limited tolerance was originally published in the 
Federal Register of September 16, 1998 (63 FR 49472) (FRL-6025-1).
    11. Propiconazole. EPA has authorized under FIFRA section 18 the 
use of propiconazole on dry beans for control of rust in Colorado, 
Kansas, Minnesota, Nebraska, and North Dakota. This regulation extends 
a time-limited tolerances for combined residues of the fungicide 
propiconazole 1-[[2-(2,4-dichlorophenyl)-4-propyl-1,3-dioxolan-2-
yl]methyl]-1H-1,2,4-triazole and its metabolite determined as 2,4-
dichlorobenzoic acid in or on dry beans at 0.5 ppm, dry bean forage at 
8 ppm, and dry bean hay at 8 ppm for an additional 2-year period. These 
tolerances will expire and are revoked on December 31, 2005. The time-
limited tolerances for dry bean commodities were originally published 
in the Federal Register of June 13, 1997 (62 FR 32224) (FRL-5718-8).
    12. Propiconazole. EPA has authorized under FIFRA section 18 the 
use of propiconazole on cranberry for control of cottonball disease in 
Wisconsin. This regulation extends a time-limited tolerance for 
combined residues of the fungicide propiconazole, 1-[[2-(2,4-
dichlorophenyl)-4-propyl-1,3-dioxolan-2-yl] methyl]-1H-1,2,4-triazole 
and its metabolites determined as 2,4-dichlorobenzoic acid and 
expressed as parent compound in or on cranberry at 1.0 ppm for an 
additional 2-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 April 11, 1997 (62 FR 17710) (FRL-5600-5).
    13. Propiconazole. EPA has authorized under FIFRA section 18 the 
use of propiconazole on grain sorghum for control of sorghum ergot in 
Kansas, New Mexico and Texas. This regulation extends a time-limited 
tolerance for combined residues of the fungicide propiconazole, 1-[[2-
(2,4-dichlorophenyl)-4-propyl-1,3-dioxolan-2-yl] methyl]-1H-1,2,4-
triazole and its metabolites determined as 2,4-dichlorobenzoic acid and 
expressed as parent compound in or on grain sorghum, grain at 0.2 ppm; 
grain sorghum, stover at 1.5 ppm; and sorghum aspirated grain fractions 
at 20 ppm for an additional 18-month period. These tolerances will 
expire and are revoked on June 30, 2005. Time-limited tolerances were 
originally published in the Federal Register of August 13, 1997 (62 FR 
43284) (FRL-5735-2)
    EPA has received objections to tolerances it established for 
propiconazole 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 propiconazole 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 propiconazole.
    14. Pyriproxyfen. EPA has authorized under FIFRA section 18 the use 
of pyriproxyfen on beans for control of whiteflies in Florida. This 
regulation extends a time-limited tolerance for residues of the 
insecticide pyriproxyfen, 2-[1-methyl-2-(4-
phenoxyphenoxy)ethoxypyridine in or on bean, succulent at 0.1 ppm for 
an additional 2-year period. This tolerance will expire and is revoked 
on June 30, 2005. A time-limited tolerance was originally published in 
the Federal Register of September 5, 2001 (66 FR 46390) (FRL-6798-6).
    15. Tebuconazole. EPA has authorized under FIFRA section 18 the use 
of tebuconazole on garlic for control of rust in California. This 
regulation extends a time-limited tolerance for residues of the 
fungicide tebuconazole, ([alpha]-[2-(4-chlorophenyl)-ethyl]-[alpha]-
(1,1-dimethylethyl)-1H-1,2,4-triazole-1-ethanol) in or on garlic at 0.1 
ppm for an additional 2-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 May 26, 1999 (64 FR 28377) (FRL-
6079-1).
    16. Tebuconazole. EPA has authorized under FIFRA section 18 the use 
of tebuconazole on wheat for control of fusarium head blight in 
Michigan, Minnesota, North Dakota, and South Dakota. This regulation 
extends a time-limited tolerance for residues of the fungicide 
tebuconazole ([alpha]-[2-(4-chlorophenyl)-ethyl]-[alpha](1,1-
dimethylethyl)-1H-1,2,4-triazole-1-ethanol) in or on wheat hay at 15.0 
ppm and wheat straw at 2.0 ppm for an additional 18-month period. These 
tolerances will expire and are revoked on June 30, 2005. Time-limited 
tolerances were originally published in the Federal Register of June 
20, 1997 (62 FR 33550) (FRL-5725-7).
    17. Tebuconazole. EPA has authorized under FIFRA section 18 the use 
of tebuconazole on barley for control of fusarium head blight in 
Minnesota, North Dakota, and South Dakota. This regulation extends 
time-limited tolerances for residues of the fungicide tebuconazole 
([alpha]-[2-(4-chlorophenyl)-ethyl]-[alpha]-(1,1-dimethylethyl)-1H-
1,2,4-triazole-1-ethanol) in or on barley grain at 2.0 ppm, barley hay 
at 20.0 ppm, and barley straw at 20.0 ppm for an additional 18-month 
period. These tolerances will expire and are revoked on June 30, 2005. 
Time-limited tolerance were originally published in the Federal 
Register of June 20, 1997 (62 FR 33550) (FRL-5725-7).
    18. Terbacil. EPA has authorized under FIFRA section 18 the use of 
terbacil on watermelon for control of morningglory and other annual 
broadleaf weeds in Virginia. This

[[Page 37763]]

regulation extends a time-limited tolerance for combined residues of 
the herbicide terbacil (3-tert-Butyl-5-chloro-6-methyluracil and its 
three metabolites 3-tert-butyl-5-chloro-6-hydroxymethyluracil, 6-
chloro-2,3-dihydro-7-hydroxymethyl-3,3-dimethyl-5H-oxazolo (3,2-a) 
pyrimidin-5-one, and 6-chloro-2,3-dihydro-3,3,7-trimethyl-5H-oxazolo 
(3,2-a) pyrimidin-5-one) which are calculated as terbacil in or on 
watermelon at 4.0 ppm for an additional 2-year period. This tolerance 
will expire and is revoked on June 30, 2005. A time-limited tolerance 
was originally published in the Federal Register of June 20, 1997 (62 
FR 33557) (FRL-5718-7)
    19. Tetraconazole. EPA has authorized under FIFRA section 18 the 
use of tetraconazole on sugar beets for control of cercospora leaf spot 
in Colorado, Montana, Nebraska, and Wyoming. This regulation extends 
time-limited tolerances for residues of the fungicide tetraconazole, 
[(+/-)-2-(2,4-dichlorophenyl)-3-(1H-1,2,4-triazol-1-yl) propyl 1, 
1,2,2-tetrafluoroethyl ether] in or on sugarbeets, and sugarbeet-
related commodities, and for secondary residues of triazole on animal 
commodities from livestock fed sugarbeet by-products] at 0.10 part per 
million in/on sugarbeet, 6.0 ppm in/on sugarbeet top, 0.20 ppm in/on 
sugarbeet dried pulp, 0.30 ppm in/on sugarbeet molasses, 0.050 ppm in 
milk, 0.030 ppm in cattle, meat and meat byproducts except kidney and 
liver, 0.20 ppm in kidney, 6.0 ppm in liver, and 0.60 ppm in fat for an 
additional 2-year period. These tolerances will expire and are revoked 
on December 31, 2005. The time-limited tolerances were originally 
published in the Federal Register of December 6, 1999 (64 FR 68046) 
(FRL-6384-1).

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 instruction provided in this unit and 
in 40 CFR part 178. To ensure proper receipt by EPA, you must identify 
docket ID number OPP-2003-0179 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 July 25, 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 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-2003-0179, 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).

[[Page 37764]]

IV. Statutory and Executive Order Reviews

    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, 
entitledProtection 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, entitledConsultation and Coordination with Indian Tribal 
Governments (65 FR 67249, November 6, 2000). Executive Order 13175, 
requires EPA to develop an accountable process to ensure ``meaningful 
and timely input by tribal officials in the development of regulatory 
policies that have tribal implications.'' ``Policies that have tribal 
implications '' is defined in the Executive Order to include 
regulations that have ``substantial direct effects on one or more 
Indian tribes, on the relationship between the Federal Government and 
the Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.'' This rule will not 
have substantial direct effects on tribal governments, on the 
relationship between the Federal Government and Indian tribes, or on 
the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified in Executive Order 13175. 
Thus, Executive Order 13175 does not apply to this rule.

V. Congressional Review Act

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

List of Subjects in 40 CFR Part 180

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

    Dated: June 16, 2003.
Debra Edwards,
Director, Registration Division, Office of Pesticide Programs.

0
Therefore, 40 CFR chapter I is amended as follows:

PART 180--[AMENDED]

0
1. The authority citation for part 180 continues to read as follows:

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


Sec.  180.110  [Amended]

0
2. In Sec.  180.110, in the table to paragraph (b), amend the entry for 
walnut by revising the expiration/revocation date ``12/31/03'' to read 
``12/31/05.''


Sec.  180.209  [Amended]

0
3. In Sec.  180.209, in the table to paragraph (b), amend the entry for 
watermelon by revising the expiration/revocation date ``6/30/03'' to 
read ``6/30/05.''


Sec.  180.353  [Amended]

0
4. In Sec.  180.353, in the table to paragraph (b), amend the entry for 
red beet roots and red beet tops by revising the expiration/revocation 
date ``12/31/03'' to read ``6/30/05.''


Sec.  180.395  [Amended]

0
5. In Sec.  180.395, in the table to paragraph (b), amend the entry for 
pineapple by revising the expiration/revocation date ``6/30/03'' to 
read ``6/30/05.''


Sec.  180.434  [Amended]

0
6. In Sec.  180.434, in the table to paragraph (b), amend the entries 
for sorghum, aspirated grain fractions; sorghum, grain, grain; and 
sorghum, grain, stover by revising the expiration/revocation date ``12/
31/03'' to read ``6/30/05'' and amend the entries for cranberry; dry 
bean; dry bean forage; and dry bean hay by revising the expiration/
revocation date ``12/31/03'' to read ``12/31/05.''


Sec.  180.443  [Amended]

0
7. In Sec.  180.443, in the table to paragraph (b), amend the entries 
for pepper by revising the expiration/revocation date ``6/30/03'' to 
read ``6/30/05'' and for hop, dried cone by revising the expiration/
revocation date ``12/31/03'' to read ``12/31/05.''

[[Page 37765]]

Sec.  180.474  [Amended]

0
8. In Sec.  180.474, in the table to paragraph (b), amend the entries 
for barley, grain; barley, hay; barley, straw; wheat, hay; and wheat, 
straw by revising the expiration/revocation date ``12/31/03'' to read 
``6/30/05'' and amend the entry for garlic by revising the expiration/
revocation date ``12/31/03'' to read. ``12/31/05''


Sec.  180.475  [Amended]

0
9. In Sec.  180.475, in the table to paragraph (b), amend the entry for 
corn, sweet, kernel plus cob with husks removed; corn, sweet, forage; 
and, corn, sweet, stover by revising the expiration/revocation date 
``12/31/03'' to read ``12/31/05.''


Sec.  180.480  [Amended]

0
10. In Sec.  180.480, in the table to paragraph (b), amend the entries 
for cattle, fat; cattle, meat byproducts; cattle, meat; goat, fat; 
goat, meat byproducts; goat, meat; grapefruit; grapefruit, dried pulp; 
grapefruit, oil; hog, fat; hog, meat byproducts; hog, meat; horse, fat; 
horse, meat byproducts; horse, meat; sheep, fat; sheep, meat 
byproducts; sheep, meat by revising the expiration/revocation date 
``12/31/03'' to read. ``12/31/05.''


Sec.  180.510  [Amended]

0
11. In Sec.  180.510, in the table to paragraph (b), amend the entry 
for bean, succulent by revising the expiration/revocation date ``6/30/
03'' to read ``6/30/05.''


Sec.  180.515  [Amended]

0
12. In Sec.  180.515, in the table to paragraph (b), amend the entry 
for hop, dried cone by revising the expiration/revocation date ``6/30/
03'' to read ``6/30/05.''


Sec.  180.516  [Amended]

0
12. In Sec.  180.516, in the table to paragraph (b), amend the entry 
for pomegrante by revising the expiration/revocation date ``6/30/03'' 
to read ``6/30/06.''


Sec.  180.544  [Amended]

0
13. In Sec.  180.544, in the table to paragraph (b), amend the entries 
for soybean, aspirated grain fractions; soybean, forage; soybean, hay; 
soybean, refined oil; soybean, seed by revising the expiration/
revocation date ``12/31/03'' to read ``12/31/05.''


Sec.  180.557  [Amended]

0
14. In Sec.  180.515, in the table to paragraph (b), amend the entries 
for beet, sugar, dried pulp; beet, sugar, molasses; beet, sugar, roots; 
beet, sugar, tops; cattle, fat; cattle, kidney; cattle, liver; cattle, 
meat; cattle, meat byproducts, except kidney and liver; and milk by 
revising the expiration/revocation date ``12/31/03'' to read ``12/31/
05.''
[FR Doc. 03-15906 Filed 6-24-03; 8:45 am]
BILLING CODE 6560-50-S