[Federal Register Volume 68, Number 136 (Wednesday, July 16, 2003)]
[Proposed Rules]
[Pages 41989-41996]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-17730]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[OPP-2003-0092; FRL-7301-5]


Aldicarb, Atrazine, Cacodylic acid, Carbofuran, et al.; Proposed 
Tolerance Actions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: This document proposes to revoke specific meat, milk, poultry, 
and egg tolerances for residues of the insecticides aldicarb, 
carbofuran, diazinon, and dimethoate; herbicides atrazine, metolachlor, 
and sodium acifluorfen; fungicides fenarimol, propiconazole, and 
thiophanate-methyl; and the defoliant cacodylic acid. EPA determined 
that there are no reasonable expectations of finite residues in or on 
meat, milk, poultry, or eggs for the aforementioned pesticide active 
ingredients and that these tolerances are no longer needed. Also, this 
document proposes to modify specific fenarimol tolerances. The 
regulatory actions proposed in this document contribute toward the 
Agency's 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 2006 
to reassess the tolerances in existence on August 2, 1996. Because all 
the tolerances were previously reassessed, no reassessments are counted 
here toward the August 2006 review deadline.

DATES: Comments, identified by docket ID number OPP-2003-0092, must be 
received on or before September 15, 2003.

ADDRESSES: Comments 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: Joseph Nevola, Special Review and 
Reregistration Division (7508C), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; 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 potentially affected by this action if you are an 
agricultural producer, food manufacturer, or pesticide manufacturer. 
Potentially affected entities may include, but are not limited to:
    [sbull] Crop production (NAICS 111)
    [sbull] Animal production (NAICS 112)
    [sbull] Food manufacturing (NAICS 311)
    [sbull] Pesticide manufacturing (NAICS 32532)
    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. To determine 
whether you or your business may be affected by this action, you should 
carefully examine the applicability provisions in Unit II.A. 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

[[Page 41990]]

under docket identification (ID) number OPP-2003-0092. 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. Once in the system, select ``search,'' 
then key in the appropriate docket ID number.
    Certain types of information will not be placed in the EPA Dockets. 
Information claimed as CBI and other information whose disclosure is 
restricted by statute, which is not included in the official public 
docket, will not be available for public viewing in EPA's electronic 
public docket. EPA's policy is that copyrighted material will not be 
placed in EPA's electronic public docket but will be available only in 
printed, paper form in the official public docket. To the extent 
feasible, publicly available docket materials will be made available in 
EPA's electronic public docket. When a document is selected from the 
index list in EPA Dockets, the system will identify whether the 
document is available for viewing in EPA's electronic public docket. 
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. EPA intends to work towards 
providing electronic access to all of the publicly available docket 
materials through EPA's electronic public docket.
    For public commenters, it is important to note that EPA's policy is 
that public comments, whether submitted electronically or in paper, 
will be made available for public viewing in EPA's electronic public 
docket as EPA receives them and without change, unless the comment 
contains copyrighted material, CBI, or other information whose 
disclosure is restricted by statute. When EPA identifies a comment 
containing copyrighted material, EPA will provide a reference to that 
material in the version of the comment that is placed in EPA's 
electronic public docket. The entire printed comment, including the 
copyrighted material, will be available in the public docket.
    Public comments submitted on computer disks that are mailed or 
delivered to the docket will be transferred to EPA's electronic public 
docket. Public comments that are mailed or delivered to the Docket will 
be scanned and placed in EPA's electronic public docket. Where 
practical, physical objects will be photographed, and the photograph 
will be placed in EPA's electronic public docket along with a brief 
description written by the docket staff.

C. How and To Whom Do I Submit Comments?

    You may submit comments electronically, by mail, or through hand 
delivery/courier. To ensure proper receipt by EPA, identify the 
appropriate docket ID number in the subject line on the first page of 
your comment. Please ensure that your comments are submitted within the 
specified comment period. Comments received after the close of the 
comment period will be marked ``late.'' EPA is not required to consider 
these late comments. If you wish to submit CBI or information that is 
otherwise protected by statute, please follow the instructions in Unit 
I.D. Do not use EPA Dockets or e-mail to submit CBI or information 
protected by statute.
    1. Electronically. If you submit an electronic comment as 
prescribed in this unit, EPA recommends that you include your name, 
mailing address, and an e-mail address or other contact information in 
the body of your comment. Also include this contact information on the 
outside of any disk or CD ROM you submit, and in any cover letter 
accompanying the disk or CD ROM. This ensures that you can be 
identified as the submitter of the comment and allows EPA to contact 
you in case EPA cannot read your comment due to technical difficulties 
or needs further information on the substance of your comment. EPA's 
policy is that EPA will not edit your comment, and any identifying or 
contact information provided in the body of a comment will be included 
as part of the comment that is placed in the official public docket, 
and made available in EPA's electronic public docket. If EPA cannot 
read your comment due to technical difficulties and cannot contact you 
for clarification, EPA may not be able to consider your comment.
    i. EPA Dockets. Your use of EPA's electronic public docket to 
submit comments to EPA electronically is EPA's preferred method for 
receiving comments. Go directly to EPA Dockets at http://www.epa.gov/edocket, and follow the online instructions for submitting comments. 
Once in the system, select ``search,'' and then key in docket ID number 
OPP-2003-0092. The system is an ``anonymous access'' system, which 
means EPA will not know your identity, e-mail address, or other contact 
information unless you provide it in the body of your comment.
    ii. E-mail. Comments may be sent by e-mail to [email protected], 
Attention: Docket ID Number OPP-2003-0092. In contrast to EPA's 
electronic public docket, EPA's e-mail system is not an ``anonymous 
access'' system. If you send an e-mail comment directly to the docket 
without going through EPA's electronic public docket, EPA's e-mail 
system automatically captures your e-mail address. E-mail addresses 
that are automatically captured by EPA's e-mail system are included as 
part of the comment that is placed in the official public docket, and 
made available in EPA's electronic public docket.
    iii. Disk or CD ROM. You may submit comments on a disk or CD ROM 
that you mail to the mailing address identified in Unit I.C.2. These 
electronic submissions will be accepted in WordPerfect or ASCII file 
format. Avoid the use of special characters and any form of encryption.
    2. By mail. Send your comments to: Public Information and Records 
Integrity Branch (PIRIB) (7502C), Office of Pesticide Programs (OPP), 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001, Attention: Docket ID Number OPP-2003-0092.
    3. By hand delivery or courier. Deliver your comments to: Public 
Information and Records Integrity Branch (PIRIB), Office of Pesticide 
Programs (OPP), Environmental Protection Agency, Rm. 119, Crystal Mall 
2, 1921 Jefferson

[[Page 41991]]

Davis Hwy., Arlington, VA, Attention: Docket ID Number OPP-2003-0092. 
Such deliveries are only accepted during the docket's normal hours of 
operation as identified in Unit I.B.1.

D. How Should I Submit CBI to the Agency?

    Do not submit information that you consider to be CBI 
electronically through EPA's electronic public docket or by e-mail. You 
may claim information that you submit to EPA as CBI by marking any part 
or all of that information as CBI (if you submit CBI on disk or CD ROM, 
mark the outside of the disk or CD ROM as CBI and then identify 
electronically within the disk or CD ROM the specific information that 
is CBI). Information so marked will not be disclosed except in 
accordance with procedures set forth in 40 CFR part 2.
    In addition to one complete version of the comment that includes 
any information claimed as CBI, a copy of the comment that does not 
contain the information claimed as CBI must be submitted for inclusion 
in the public docket and EPA's electronic public docket. If you submit 
the copy that does not contain CBI on disk or CD ROM, mark the outside 
of the disk or CD ROM clearly that it does not contain CBI. Information 
not marked as CBI will be included in the public docket and EPA's 
electronic public docket without prior notice. If you have any 
questions about CBI or the procedures for claiming CBI, please consult 
the person listed under FOR FURTHER INFORMATION CONTACT.

E. What Should I Consider as I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your 
comments:
    1. Explain your views as clearly as possible.
    2. Describe any assumptions that you used.
    3. Provide copies of any technical information and/or data you used 
that support your views.
    4. If you estimate potential burden or costs, explain how you 
arrived at the estimate that you provide.
    5. Provide specific examples to illustrate your concerns.
    6. Offer alternative ways to improve the proposed rule or 
collection activity.
    7. Make sure to submit your comments by the deadline in this 
document.
    8. To ensure proper receipt by EPA, be sure to identify the docket 
ID number assigned to this action in the subject line on the first page 
of your response. You may also provide the name, date, and Federal 
Register citation.

F. What Can I do if I Wish the Agency to Maintain a Tolerance that the 
Agency Proposes to Revoke?

    This proposed rule provides a comment period of 60 days for any 
person to state an interest in retaining a tolerance proposed for 
revocation. If EPA receives a comment within the 60-day period to that 
effect, EPA will not proceed to revoke the tolerance immediately. 
However, EPA will take steps to ensure the submission of any needed 
supporting data and will issue an order in the Federal Register under 
FFDCA section 408(f) if needed. The order would specify data needed and 
the time frames for its submission, and would require that within 90 
days some person or persons notify EPA that they will submit the data. 
If the data are not submitted as required in the order, EPA will take 
appropriate action under FFDCA.
    EPA issues a final rule after considering comments that are 
submitted in response to this proposed rule. In addition to submitting 
comments in response to this proposal, you may also submit an objection 
at the time of the final rule. If you fail to file an objection to the 
final rule within the time period specified, you will have waived the 
right to raise any issues resolved in the final rule. After the 
specified time, issues resolved in the final rule cannot be raised 
again in any subsequent proceedings.

II. Background

A. What Action is the Agency Taking?

    EPA is proposing to revoke specific meat, milk, poultry, and egg 
tolerances for residues of the insecticides aldicarb, carbofuran, 
diazinon, and dimethoate; herbicides atrazine, metolachlor, and sodium 
acifluorfen; fungicides fenarimol, propiconazole, and thiophanate-
methyl; and the defoliant cacodylic acid because the Agency has 
concluded that there is no reasonable expectation of finite residues in 
or on the commodities associated with those tolerances, and therefore 
these tolerances are no longer needed. Also, EPA is proposing to modify 
specific fenarimol tolerances.
    The determinations that there are no reasonable expectations of 
finite residues for the tolerances listed in this document were made 
based on feeding studies submitted since the time that the tolerances 
were originally established. These feeding studies used exaggerated 
amounts of the compound and did not show measurable residues of the 
pesticides tested. The Agency originally made the determination that 
there is no reasonable expectation of finite residues for the pesticide 
active ingredient/commodity combinations listed in this proposal in 
memoranda of March 6, 2002; March 25, 2002; April 21, 2002; July 1, 
2002; and July 23, 2002. Because there was no expectation of finite 
residues, in subsequent memoranda of May 3, 2002; June 3, 2002; July 
11, 2002; and July 23, 2002, the Agency declared these tolerances as 
safe and counted these tolerances toward meeting the tolerance 
reassessment requirements listed in FFDCA section 408(q). Copies of 
these memoranda can be found in the public docket for this proposed 
rule. Because EPA determined that there is no reasonable expectation of 
finite residues, under 40 CFR 180.6 the tolerances are no longer needed 
under the FFDCA and can be proposed for revocation.
    1. Aldicarb. Based on available ruminant feeding and storage 
stability data, EPA determined that there is no reasonable expectation 
of finite residues of aldicarb and its carbamate metabolites in milk 
and livestock commodities. The associated tolerances are no longer 
needed under 40 CFR 180.6(a)(3). Therefore, EPA is proposing to revoke 
the tolerances in 40 CFR 180.269 for the combined residues of the 
insecticide and nematocide aldicarb (2-methyl-2-
(methylthio)propionaldehyde O-(methylcarbamoyl) oxime and its 
cholinesterase-inhibiting metabolites 2-methyl 2-(methylsulfinyl) 
propionaldehyde O-(methylcarbamoyl) oxime and 2-methyl-2- 
(methylsulfonyl) propionaldehyde O-(methylcarbamoyl) oxime in or on the 
following: cattle, fat; cattle, meat; cattle meat byproducts; goat, 
fat; goat, meat; goat, meat byproducts; hog, fat; hog, meat; hog, meat 
byproducts; horse, fat; horse, meat; horse, meat byproducts; and sheep, 
fat; sheep, meat; sheep, meat byproducts; and milk.
    2. Atrazine. Based on available ruminant and poultry feeding data, 
EPA determined that there is no reasonable expectation of finite 
residues of atrazine in fat, meat, and meat byproducts of hogs and 
poultry; and eggs. These tolerances are no longer needed under 40 CFR 
180.6(a)(3). Therefore, EPA is proposing to revoke the tolerances in 40 
CFR 180.220 for residues of the herbicide atrazine in or on hog, fat; 
hog, meat; hog, meat byproducts; poultry, fat; poultry, meat; poultry, 
meat byproducts; and egg.
    3. Cacodylic acid (dimethylarsinic acid). Arsenic is ubiquitous and 
abundant in the environment. Studies show that arsenicals are 
methylated in animals to potentially significant levels of dimethyl 
arsonate. Also, available

[[Page 41992]]

data show that background levels of dimethyl arsonate (cacodylate) 
found in beef tissues and milk may substantially exceed those incurred 
from the maximum theoretical dietary burden from ingestion of feed 
stuffs derived from raw agricultural commodities treated with cacodylic 
acid at the maximum supported use rates. Based on all these data, EPA 
determined that tolerances for residues of cacodylic acid in beef 
tissues and milk are no longer needed under 40 CFR 180.6(a)(3). 
Therefore, EPA is proposing to revoke the tolerances in 40 CFR 180.311 
for residues of the defoliant cacodylic acid (dimethylarsinic acid), 
expressed as As2 O3, in or on cattle, fat; cattle, kidney; cattle, 
liver; cattle, meat; and cattle meat byproducts (except kidney and 
liver).
    Furthermore, in order to conform to current Agency practice, in 40 
CFR 180.311, EPA is proposing to revise the tolerance commodity 
terminology for ``cottonseed'' to ``cotton, undelinted seed.''
    4. Carbofuran. Based on available dairy cattle feeding data, EPA 
determined that there is no reasonable expectation of finite residues 
of carbofuran and its metabolites in fat, meat, and meat byproducts of 
cattle, goats, hogs, horses and sheep. These tolerances are no longer 
needed under 40 CFR 180.6(a)(3). Therefore, EPA is proposing to revoke 
the tolerances in 40 CFR 180.254 for the combined residues of the 
insecticide carbofuran (2,3-dihydro-2,2-dimethyl-7-benzofuranyl-N-
methylcarbamate), its carbamate metabolite 2,3-dihydro-2,2-dimethyl-3-
hydroxy-7-benzofuranyl-N-methylcarbamate, and its phenolic metabolites 
2,3-dihydro-2, 2-dimethyl-7-benzofuranol, 2,3-dihydro-2,2-dimethyl-3,-
oxo-7-benzofuranol and 2,3-dihydro-2,2-dimethyl-3,7-benzofurandiol in 
or on the following commodities: Cattle, fat; cattle, meat; cattle meat 
byproducts; goats, fat; goats, meat; goats, meat byproducts; hogs, fat; 
hogs, meat; hogs, meat byproducts; horses, fat; horses, meat; horses, 
meat byproducts; sheep, fat; sheep, meat; and sheep, meat byproducts.
    5. Diazinon. Based on available cattle dermal treatment and feeding 
data, EPA determined that there is no reasonable expectation of finite 
residues in or on meat and meat byproducts from the registered uses of 
cattle ear tags or from consumption of diazinon-treated feed items by 
cattle. These tolerances are no longer needed under 40 CFR 180.6(a)(3). 
A tolerance for milk is not required as long as the ear tag labels 
maintain that use is for beef cattle and non-lactating dairy cattle, 
only. Therefore, EPA is proposing to revoke the tolerances in 40 CFR 
180.153 for residues of the insecticide diazinon in or on cattle, meat 
(fat basis) (PRE-S appli) and cattle, meat byproducts (fat basis) (PRE-
S appli).
    6. Dimethoate. Metabolism and feeding studies in ruminants and 
poultry showed no detectable residues of dimethoate in muscle, fat, 
kidney, liver, milk, and egg samples. However, residues of omethoate, 
its oxygen analog, were found in liver and egg whites samples and 
residues of dimethoate carboxylic acid were found in liver, egg whites, 
and milk samples. Based on these available ruminant and poultry 
metabolism and feeding data, EPA determined that there is no reasonable 
expectation of finite residues of concern in meat, fat, and kidney of 
livestock (ruminants and poultry) from ingestion of dimethoate treated 
crop and feed items. These tolerances are no longer needed under 40 CFR 
180.6(a)(3). Therefore, EPA is proposing to revoke the tolerances in 40 
CFR 180.204 for total residues of the insecticide dimethoate (O,O-
dimethyl S-(N-methylcarbamoylmethyl) phosphorodithioate) including its 
oxygen analog (O,O-dimethyl S-(N-methylcarbamoylmethyl) 
phosphorothioate) in or on the following commodities: Cattle, fat; 
cattle, meat; goat, fat; goat, meat; hog, fat; hog, meat; horse, fat; 
horse, meat; poultry, fat; poultry, meat; sheep, fat; and sheep, meat. 
Use of dimethoate on other commodities, including food and feed 
commodities, will be addressed in the ``Report on FQPA Tolerance 
Reassessment Progress and Interim Risk Management Decision'' (IRED), 
which EPA will complete in the near future.
    Also, EPA is proposing in 40 CFR 180.204 to remove the ``(N)'' 
designation from all entries to conform to current Agency 
administrative practice (``(N)'' designation means negligible 
residues).
    7. Fenarimol. Fenarimol tolerances were reassessed according to the 
FQPA standard in the August 2002 ``Report of the FQPA Tolerance 
Reassessment Progress and Risk Management Decision (TRED) for 
Fenarimol.'' The Agency extrapolated data from a 28-day ruminant 
feeding study of exaggerated dietary burdens to the 1X feeding rate, 
and examined the expected impact of the average theoretical dietary 
burden from wet apple pomace (calculated using Food and Drug 
Administration monitoring data for apples). Of the currently registered 
uses of fenarimol, wet apple pomace is the only commodity considered a 
livestock feed item. (Dry apple pomace is no longer considered a 
significant feed item). For cattle, goats, horses, and sheep, the 
Agency concluded from monitoring, feeding, and metabolism data that 
tolerances for liver should be effectively decreased from 0.1 to 0.05 
parts per million (ppm) and tolerances for meat byproducts should be 
increased from 0.01 to 0.05 ppm based on the highest residue found on 
an organ tissue; i.e., liver. Because both liver and meat byproduct 
tolerances were reassessed at the same level (0.05 ppm) for cattle, 
goats, horses, and sheep, the Agency recommended covering residues in 
liver by the reassessed tolerances for meat byproducts, revising each 
commodity terminology to ``meat byproducts, except kidney,'' and 
revoking existing liver tolerances at 0.1 ppm since they are no longer 
needed. EPA issued a finding in this TRED that these revised tolerances 
are safe, as required by section 408 of FFDCA.
    Therefore, EPA is proposing to revoke the separate tolerances in 40 
CFR 180.421 for residues of the fungicide fenarimol in or on cattle, 
liver; goat, liver; horse, liver; and sheep, liver. Also, EPA is 
proposing in 40 CFR 180.421 to increase the tolerances for the meat 
byproducts of cattle, goats, horses, and sheep, each from 0.01 to 0.05 
ppm, and to revise their commodity terminologies to cattle, meat 
byproducts, except kidney; goat, meat byproducts, except kidney; horse, 
meat byproducts, except kidney; and sheep, meat byproducts, except 
kidney.
    Expected fenarimol residues in muscle, fat and kidney are 
calculated from the 28-day data to be less than or near the enforcement 
method's limit of detection (0.003 ppm). Therefore, the Agency 
concluded that for muscle, fat and kidney of ruminants it is not 
possible to establish with certainty whether finite residues will be 
incurred, but there is a reasonable expectation of finite residues 
under 40 CFR 180.6(a)(2). While EPA reassessed fenarimol tolerances for 
cattle, goats, horses, and sheep in the TRED, including meat, kidney, 
and fat tolerances at 0.01 ppm, the method limit of quantitation, the 
Agency will address them in a Federal Register document to be published 
in the near future.
    In addition, the fenarimol tolerance for milk (0.003 ppm) should be 
revoked because residues in milk for dairy cattle are predicted to be 
significantly less than the enforcement method's limit of detection 
(0.001 ppm). Based on the available data, EPA determined that there is 
no reasonable expectation of finite residues of fenarimol in milk and 
that the tolerance is no longer needed under 40 CFR 180.6(a)(3). 
Therefore, EPA is proposing to revoke the tolerance

[[Page 41993]]

in 40 CFR 180.421 for residues of the fungicide fenarimol in milk.
    Moreover, EPA determined that there is no reasonable expectation of 
residue transfer to livestock commodities via consumption of fenarimol-
treated crop and feed items because no feed items for poultry and hogs 
are associated with active fenarimol registrations. The tolerances for 
eggs, poultry, and hogs are no longer needed and should be revoked. 
Therefore, EPA is proposing to revoke the tolerances in 40 CFR 180.421 
for residues of the fungicide fenarimol in or on the following 
commodities: Hog, fat; hog, kidney; hog, liver; hog, meat; hog, meat 
byproducts; poultry, fat; poultry, meat; poultry, meat byproducts; and 
egg.
    Furthermore, in order to conform to current Agency practice, in 40 
CFR 180.421, EPA is proposing to revise the tolerance commodity 
terminology for ``pecans'' to ``pecan.''
    8. Metolachlor. Based on available ruminant feeding data and the 
maximum theoretical dietary burden for swine, EPA determined that there 
is no reasonable expectation of finite residues of metolachlor and its 
metabolites in fat, kidney, liver, meat, and meat byproducts of hogs. 
These tolerances are no longer needed under 40 CFR 180.6(a)(3). 
Therefore, EPA is proposing to revoke the tolerances in 40 CFR 180.368 
for the combined residues (free and bound) of the herbicide metolachlor 
[2-chloro-N-(2-ethyl-6-methylphenyl)-N-(2-methoxy-1-
methylethyl)acetamide] and its metabolites, determined as the 
derivatives, 2-[(2-ethyl-6-methylphenyl)amino]-1-propanol and 4-(2-
ethyl-6-methylphenyl)-2-hydroxy-5- methyl-3-morpholinone, each 
expressed as the parent compound, in or on hog, fat; hog, kidney; hog, 
liver; hog, meat; and hog, meat byproducts, except kidney and liver.
    9. Propiconazole. Based on available poultry metabolism and feeding 
data, EPA determined that there is no reasonable expectation of finite 
residues of propiconazole and its metabolites (determined as 2,4-
dichlorobenzoic acid) in poultry muscle, liver, fat, and egg samples 
from hens fed 10X the maximum theoretical dietary burden for poultry. 
These tolerances are no longer needed under 40 CFR 180.6(a)(3). 
Therefore, EPA is proposing to revoke tolerances in 40 CFR 180.434 for 
the combined residues of the fungicide 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 poultry, fat; poultry, kidney; poultry, liver; poultry, meat; 
poultry, meat byproducts, except kidney and liver; and egg.
    10. Sodium acifluorfen. Label restrictions prohibit use of sodium 
acifluorfen-treated peanut and soybean forage or hay for feed and 
grazing livestock on these treated crops. There is no reasonable 
expectation of residues being transferred to livestock commodities via 
consumption of feed items derived from crops treated with sodium 
acifluorfen according to current use directions. Based on the 
registered food/feed use patterns, EPA determined that there is no 
reasonable expectation of finite residues of sodium acifluorfen and its 
metabolites in kidney and liver of cattle, goats, hogs, horses, and 
sheep; fat, meat, and meat byproducts of poultry; eggs, and milk. These 
tolerances are no longer needed under 40 CFR 180.6(a)(3). Therefore, 
EPA is proposing to revoke the tolerances in 40 CFR 180.383 for 
combined residues of the herbicide sodium salt of acifluorfen (sodium 
5-[2-chloro-4-trifluoromethyl) phenoxy]-2-nitrobenzoic acid) and its 
metabolites (the corresponding acid, methyl ester, and amino analogues) 
in or on the following commodities: Cattle, kidney; cattle, liver; 
goat, kidney; goat, liver; hog, kidney; hog, liver; horse, kidney; 
horse, liver; poultry, fat; poultry, meat; poultry, meat byproducts; 
sheep, kidney; sheep, liver; egg; and milk.
    11. Thiophanate-methyl. Based on available ruminant and poultry 
feeding data, EPA determined that there is no reasonable expectation of 
finite residues of thiophanate-methyl, its oxygen analogue, and 
benzimidazole metabolites in fat, liver, meat, and meat byproducts of 
hogs and poultry. These tolerances are no longer needed under 40 CFR 
180.6(a)(3). Therefore, EPA is proposing to revoke the tolerances in 40 
CFR 180.371 for residues of the fungicide thiophanate-methyl 
(dimethyl[(1,2-phenylene)-bis(iminocarbonothioyl)] bis [carbamate]), 
its oxygen analogue dimethyl-4,4-o-phenylene bis(allophonate), and its 
benzimidazole-containing metabolites (calculated as thiophanate-methyl) 
in or on hog, fat; hog, liver; hog, meat; hog, meat byproducts, except 
liver; poultry, fat; poultry, liver; poultry, meat; and poultry, meat 
byproducts, except liver.

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

    A ``tolerance'' represents the maximum level for residues of 
pesticide chemicals legally allowed in or on raw agricultural 
commodities and processed foods. Section 408 of FFDCA, 21 U.S.C. 301 et 
seq., as amended by the FQPA of 1996, Public Law 104-170, authorizes 
the establishment of tolerances, exemptions from tolerance 
requirements, modifications in tolerances, and revocation of tolerances 
for residues of pesticide chemicals in or on raw agricultural 
commodities and processed foods (21 U.S.C. 346(a)). Without a tolerance 
or exemption, food containing pesticide residues is considered to be 
unsafe and therefore ``adulterated'' under section 402(a) of the FFDCA. 
Such food may not be distributed in interstate commerce (21 U.S.C. 
331(a) and 342(a)). For a food-use pesticide to be sold and 
distributed, the pesticide must not only have appropriate tolerances 
under the FFDCA, but also must be registered under FIFRA (7 U.S.C. et 
seq.). Food-use pesticides not registered in the United States must 
have tolerances in order for commodities treated with those pesticides 
to be imported into the United States.
    When EPA establishes tolerances for pesticide residues in or on raw 
agricultural commodities, consideration must be given to the possible 
residues of those chemicals 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, 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.
    3. There is a reasonable expectation that finite residues will not 
exist. If there is no reasonable expectation of finite pesticide 
residues in or on meat, milk, poultry, or eggs, tolerances do not need 
to be established for these commodities (40 CFR 180.6(b) and 40 CFR 
180.6(c)).
    EPA has evaluated the meat, milk, poultry, and egg tolerances 
proposed for revocation in this proposed rule and has concluded that 
there is no reasonable expectation of finite residues of the listed 
pesticide active ingredients in or on those commodities.
    Regarding the proposed modification of fenarimol tolerances, EPA is 
required to determine wheter each of the amended tolerances meets the 
safety standards under the FQPA. A safety finding determination is 
found in detail in the August 2002 TRED for fenarimol. An electronic 
copy of the TRED for fenarimol is available on EPA's website at http://www.epa.gov/pesticides/reregistration/status.htm.

[[Page 41994]]

C. When do These Actions Become Effective?

    EPA is proposing that these actions become effective on the day of 
publication of the final rule in the Federal Register.
    The Agency has determined that most of the tolerances herein 
proposed for revocation are no longer needed, based on no reasonable 
expectation of finite pesticide residues. Therefore, the Agency 
believes that this revocation date allows users to continue utilizing 
existing pesticide stocks and that commodities treated with these 
pesticides in a manner that is lawful under FIFRA will continue to 
clear the channels of trade since there is no reasonable expectation of 
finite residues. Also, because fenarimol tolerances for liver, when 
revised would become duplicates covered by revised ``meat byproduct, 
except kidney'' tolerances, they are no longer needed as separate liver 
tolerances.
    In addition, because the modifications to increase specific 
fenarimol tolerances proposed herein are safe, as required by section 
408 of FFDCA, the Agency believes that these modifications become 
effective on the day of publication of the final rule in the Federal 
Register.
    If you have comments regarding the effective date, please submit 
comments as described under SUPPLEMENTARY INFORMATION.

D. What Is the Contribution to Tolerance Reassessment?

    By law, EPA is required by August 2006 to reassess the tolerances 
in existence on August 2, 1996. As of July 2, 2003, EPA has reassessed 
over 6,510 tolerances. This document proposes to revoke a total of 105 
tolerances, all of which were previously counted as reassessed. 
Therefore, none are counted in a final rule toward the August 2006 
review deadline of FFDCA section 408(q), as amended by FQPA in 1996.

III. Are The Proposed Actions Consistent with International 
Obligations?

    The tolerance revocations in this proposal are not discriminatory 
and are designed to ensure that both domestically produced and imported 
foods meet the food safety standards established by the FFDCA. The same 
food safety standards apply to domestically produced and imported 
foods.
    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. It is EPA's policy to 
harmonize U.S. tolerances with Codex MRLs to the extent possible, 
provided that the MRLs achieve the level of protection required under 
FFDCA. EPA's effort to harmonize with Codex MRLs is summarized in the 
tolerance reassessment section of individual Reregistration Eligibility 
Decision documents. 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, Regulations, and Dockets,'' 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. Statutory and Executive Order Reviews

    In this proposed rule, EPA is proposing to revoke and modify 
specific tolerances established under FFDCA section 408. The Office of 
Management and Budget (OMB) has exempted these types of actions (i.e., 
modification of a tolerance and 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 proposed rule has been exempted from 
review under Executive Order 12866 due to its lack of significance, 
this proposed 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 proposed 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 raising of tolerance levels or 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. These analyses were published on May 4, 1981 (46 FR 24950) 
and on December 17, 1997 (62 FR 66020), respectively, and were provided 
to the Chief Counsel for Advocacy of the Small Business Administration. 
Taking into account these analyses, and the fact that there is no 
reasonable expectation that residues of the pesticides listed in this 
proposed rule will be found on the commodities discussed in this 
proposed rule (so that the lack of the tolerance could not prevent sale 
of the commodity), I certify that this action will not have a 
significant economic impact on a substantial number of small entities. 
Furthermore, for the pesticides named in this proposed rule, the Agency 
knows of no extraordinary circumstances that exist as to the present 
proposed revocations that would change EPA's previous analysis. Any 
comments about the Agency's determination should be submitted to the 
EPA along with comments on the proposal, and will be addressed prior to 
issuing a final rule. 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

[[Page 41995]]

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 
proposed 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 
proposed 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 proposed 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 proposed rule.

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 17, 2003.
Martha Monell,
Acting Director, Office of Pesticide Programs.
    Therefore, it is proposed that 40 CFR part 180 be 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.  180.153  [Amended]

    2. Section 180.153 is amended by removing the entries for cattle, 
meat (fat basis) (PRE-S appli) and cattle, meat byproducts (fat basis) 
(PRE-S appli) from the table in paragraph (a)(1).


Sec.  180.204  [Amended]

    3. Section 180.204 is amended by removing the entries for cattle, 
fat; cattle, meat; goat, fat; goat, meat; hog, fat; hog, meat; horse, 
fat; horse, meat; poultry, fat; poultry, meat; sheep, fat; and sheep, 
meat from the table in paragraph (a), and by also removing from the 
table in paragraph (a) the ``(N)'' designation from any entry where it 
appears.


Sec.  180.220  [Amended]

    4. Section 180.220 is amended by removing the entries for egg; hog, 
fat; hog, meat byproducts; hog, meat; poultry, fat; poultry, meat 
byproducts; and poultry, meat from the table in paragraph (a)(1).


Sec.  180.254  [Amended]

    5. Section 180.254 is amended by removing the entries for cattle, 
fat; cattle, meat; cattle, meat byproducts; goat, fat; goat, meat; 
goat, meat byproducts; hog, fat; hog, meat; hog, meat byproducts; 
horse, fat; horse, meat; horse, meat byproducts; sheep, fat; sheep, 
meat; and sheep, meat byproducts from the table in paragraph (a).


Sec.  180.269  [Amended]

    6. Section 180.269 is amended by removing the entries for cattle, 
fat; cattle, meat byproducts; cattle, meat; goat, fat; goat, meat 
byproducts; goat, meat; hog, fat; hog, meat byproducts; hog, meat; 
horse, fat; horse, meat byproducts; horse, meat; sheep, fat; sheep, 
meat byproducts; sheep, meat; and milk from the table in paragraph (a).
    7. Section 180.311 is revised to read as follows:


Sec.  180.311  Cacodylic acid; tolerances for residues.

    (a) General. Tolerances are established for residues of the 
defoliant cacodylic acid (dimethylarsinic acid), expressed as As2 O3, 
in or on the following raw agricultural commodity as follows:

------------------------------------------------------------------------
                      Commodity                        Parts per million
------------------------------------------------------------------------
Cotton, undelinted seed..............................                2.8
------------------------------------------------------------------------

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


Sec.  180.368  [Amended]

    8. Section 180.368 is amended by removing the entries for hog, fat; 
hog, kidney; hog, liver; hog, meat; and hog, meat byproducts, except 
kidney and liver from the table in paragraph (a).


Sec.  180.371  [Amended]

    9. Section 180.371 is amended by removing the entries for hog, fat; 
hog, liver; hog, meat byproducts, except liver; hog, meat; poultry, 
fat; poultry, liver; poultry, meat byproducts, except liver; and 
poultry, meat from the table in paragraph (a).
    10. Section 180.383 is amended by revising the table in paragraph 
(a) to read as follows:


Sec.  180.383  Sodium salt of acifluorfen; tolerances for residues.

    (a) * * *

------------------------------------------------------------------------
                      Commodity                        Parts per million
------------------------------------------------------------------------
Peanut...............................................                0.1
Rice, grain..........................................                0.1
Rice, straw..........................................                0.1
Soybean..............................................                0.1
Strawberry...........................................               0.05
------------------------------------------------------------------------

* * * * *
    11. Section 180.421 is amended by revising the table in paragraph 
(a)(1) to read as follows:


Sec.  180.421  Fenarimol; tolerances for residues.

    (a) General. (1) * * *

------------------------------------------------------------------------
                      Commodity                        Parts per million
------------------------------------------------------------------------
Apple................................................                0.1
Apple, dry pomace....................................                2.0
Apple, wet pomace....................................                2.0
Cattle, fat..........................................                0.1
Cattle, kidney.......................................                0.1
Cattle, meat.........................................               0.01
Cattle, meat byproducts, except kidney...............               0.05
Goat, fat............................................                0.1
Goat, kidney.........................................                0.1
Goat, meat...........................................               0.01
Goat, meat byproducts, except kidney.................               0.05
Horse, fat...........................................                0.1
Horse, kidney........................................                0.1
Horse, meat..........................................               0.01
Horse, meat byproducts, except kidney................               0.05
Pear.................................................                0.1
Pecan................................................                0.1
Sheep, fat...........................................                0.1
Sheep, kidney........................................                0.1
Sheep, meat..........................................               0.01
Sheep, meat byproducts, except kidney................               0.05
------------------------------------------------------------------------

* * * * *

[[Page 41996]]

Sec.  180.434  [Amended]

    12. Section 180.434 is amended by removing the entries for poultry, 
fat; poultry, kidney; poultry, liver; poultry, meat byproducts, except 
kidney and liver; poultry, meat; and egg from the table in paragraph 
(a).
[FR Doc. 03-17730 Filed 7-15-03; 8:45 am]
BILLING CODE 6560-50-S