[Federal Register Volume 69, Number 92 (Wednesday, May 12, 2004)]
[Proposed Rules]
[Pages 26348-26351]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-10780]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[OPP-2004-0085; FRL-7358-5]


Thifensulfuron-methyl; Proposed Tolerance Actions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to reinstate corn tolerances for the 
herbicide thifensulfuron-methyl. These corn tolerances were previously 
established but inadvertently removed shortly thereafter. Registrations 
under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) 
for use of thifensulfuron-methyl on corn currently exist and have 
existed for more than 9 years.

DATES: Comments must be received on or before July 12, 2004.

ADDRESSES: Submit your comments, identified by docket ID number OPP-
2004-0085, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov/. 
Follow the on-line instructions for submitting comments.
     Agency Website: http://www.epa.gov/edocket/. EDOCKET, 
EPA's electronic public docket and comment system, is EPA's preferred 
method for receiving comments. Follow the on-line instructions for 
submitting comments.
     E-mail: Comments may be sent by e-mail to [email protected], Attention: Docket ID Number OPP-2004-0085.
     Mail: 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-2004-0085.
     Hand Delivery/carrier: Public Information and Records 
Integrity Branch (PIRIB), Office of Pesticide Programs (OPP), 
Environmental Protection Agency, Rm. 119, Crystal Mall 2, 1921 
Jefferson Davis Hwy., Arlington, VA, Attention: Docket ID Number OPP-
2004-0085. Such deliveries are only accepted during the Docket's normal 
hours of operation, and special arrangements should be made for 
deliveries of boxed information.
    Instructions: Direct your comments to docket ID number OPP-2004-
0085. EPA's policy is that all comments received will be included in 
the public docket without change and may be made available online at 
http://www.epa.gov/edocket/, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through EDOCKET, 
regulations.gov, or e-mail. The EPA EDOCKET and the regulations.gov 
websites are anonymous access systems, which means EPA will not know 
your identity or contact information unless you provide it in the body 
of your comment. If you send an e-mail comment directly to EPA without 
going through EDOCKET or regulations.gov, your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD ROM you submit. 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. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses. For additional information about EPA's public 
docket visit EDOCKET on-line or see the Federal Register of May 31, 
2002 (67 FR 38102) (FRL-7181-7).
    Docket: All documents in the docket are listed in the EDOCKET index 
at http://www.epa.gov/edocket/. Although listed in the index, some 
information is not publicly available, i.e., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically in EDOCKET or in hard 
copy 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.

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:
     Crop production (NAICS 111)
     Animal production (NAICS 112)
     Food manufacturing (NAICS 311)
     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.

[[Page 26349]]

B. How Can I Access Electronic Copies of this Document and Other 
Related Information?

    In addition to using EDOCKET(http://www.epa.gov/edocket/), 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 E-CFR Beta Site Two at http://www.gpoaccess.gov/ecfr/.

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

    1. Submitting CBI. Do not submit this information to EPA through 
EDOCKET, regulations.gov, or e-mail. Clearly mark the part or all of 
the information that you claim to be CBI. For CBI information in a disk 
or CD ROM that you mail to EPA, 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 claimed as CBI). In addition to one 
complete version of the comment that includes 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. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments, 
remember to:
    i. Identify the rulemaking by docket number and other identifying 
information (subject heading, Federal Register date, and page number).
    ii. Follow directions. The agency may ask you to respond to 
specific questions or organize comments by referencing a Code of 
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information 
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    vi. Provide specific examples to illustrate your concerns, and 
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period 
deadline identified.

II. Background

A. What Action is the Agency Taking?

    On May 18, 1994 (59 FR 25821) (FRL-4778-9), EPA published a Notice 
of Final Rulemaking in the Federal Register in which the Agency 
established tolerances for residues of the herbicide thifensulfuron-
methyl in 40 CFR 180.439 for field corn fodder, forage and grain at 0.1 
parts per million (ppm), 0.1 ppm and 0.05 ppm, respectively, all with 
an effective date of May 18, 1994.
    Not long after, on June 22, 1994 (59 FR 32085) (FRL-4868-8), EPA 
published a Notice of Final Rulemaking in the Federal Register in which 
the Agency established tolerances for residues of the herbicide 
thifensulfuron-methyl in 40 CFR 180.439 for oat, grain and oat, straw 
with an effective date of June 22, 1994. However, the codification 
section of that June 22\nd\ final rule inadvertently left out the corn 
tolerances that were newly established on May 18, 1994. In the preamble 
text of the June 22\nd\ final rule, no action was directed toward the 
corn tolerances established on May 18th. The establishment of three 
corn tolerances on May 18\th\ was inadvertently missed in the final 
rule of June 22\nd\. Consequently, the three corn tolerances 
established on May 18\th\ did not appear in Sec.  180.439 of the July 
1, 1994 version of the 40 CFR nor in subsequent annual versions.
    Currently, there are active products registered under the Federal 
Insecticide, Fungicide, and Rodenticide Act (FIFRA) which list corn as 
a use site for thifensulfuron-methyl application. These registrations 
have existed since 1994 with associated tolerances established in May 
1994. EPA is proposing to correct the inadvertent error.
    Also, in accordance with current Agency practice, the commodity 
terminologies for the tolerances should be revised from corn forage, 
field to corn, field, forage; corn grain, field to corn, field, grain; 
and corn fodder, field to corn, field, stover.
    Therefore, EPA is proposing to reinstate the tolerances in 40 CFR 
180.439 for residues of thifensulfuron-methyl in or on corn, field, 
forage at 0.1 ppm; corn, field, stover at 0.1 ppm; and corn, field, 
grain at 0.05 ppm. The Agency will reassess these tolerances according 
to FQPA standards in the near future.
    On February 13, 2004 (69 FR 7161) (FRL-7338-6), EPA published a 
direct final rule which would have reinstated the three corn tolerances 
in 40 CFR 180.439. However, during the public comment period, EPA 
received in docket OPP-2003-0363 one adverse comment from a private 
individual. In the February 13th direct final rule, EPA stated that if 
a relevant adverse comment was received during the comment period, that 
EPA would publish a timely withdrawal in the Federal Register informing 
the public that the direct final rule will not take effect and that the 
Agency would publish a notice of proposed rulemaking in a future issue 
of the Federal Register. EPA published a withdrawal of the February 
13\th\ direct final rule on April 14, 2004 (69 FR 19767) (FRL-7351-9).
    Comment. On February 17, 2004, a private individual from New Jersey 
commented that he was opposed to the EPA approval of yet another 
chemical to be placed on plants and stated that zero tolerance is the 
only tolerance that should be tolerated on plants.
    Agency Response. The comment was general in nature and did not 
address the inadvertent or improper removal of the established corn 
tolerances for thifensulfuron-methyl. Nor did the comment address 
current active registrations for use of thifensulfuron-methyl on corn, 
which have existed since 1994. Thus, the action proposed here is not 
approving a new chemical but reinstating the corn tolerances in 40 CFR 
180.439 to correct their inadvertent removal.

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. EPA will establish and

[[Page 26350]]

maintain tolerances even when corresponding domestic uses are canceled 
if the tolerances, which EPA refers to as import tolerances, are 
necessary to allow importation into the United States of food 
containing such pesticide residues.

C. When do These Actions Become Effective?

    EPA is proposing that the three corn tolerances for thifensulfuron-
methyl be reinstated on the day of publication of a final rule in the 
Federal Register.

III. Statutory and Executive Order Reviews

    In this proposed rule EPA is proposing to reinstate specific 
tolerances established under section 408 of the FFDCA. The Office of 
Management and Budget (OMB) has exempted this type of action 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 establishment of tolerances might significantly impact 
a substantial number of small entities and concluded that, as a general 
matter, these actions do not impose a significant economic impact on a 
substantial number of small entities. This analysis was published on 
May 4, 1981 (46 FR 24950), and was provided to the Chief Counsel for 
Advocacy of the Small Business Administration. Taking into account this 
analysis, 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 proposal that 
would change the 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 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: May 3, 2004.
James Jones,
Director, Office of Pesticide Programs.
    Therefore, it is proposed that 40 CFR chapter I 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), 346a and 371.
    2. Section 180.439 is revised to read as follows:


Sec.  180.439  Thifensulfuron-methyl (methyl-3-[[[[(4-methoxy-6-methyl-
1,3,5-triazin-2-yl)amino]carbonyl]amino]sulfonyl]-2-thiophene 
carboxylate); tolerances for residues.

    (a) General. Tolerances are established for residues of the 
herbicide thifensulfuron-methyl (methyl-3-[[[[4-methoxy-6-methyl-1,3,5-
triazin-2-yl)amino]carbonyl]amino]sulfonyl]-2-thiophene carboxylate) in 
or on the following raw agricultural commodities:

------------------------------------------------------------------------
                      Commodity                        Parts per million
------------------------------------------------------------------------
Barley, grain........................................               0.05
Barley, straw........................................                0.1
Corn, field, forage..................................                0.1
Corn, field, grain...................................               0.05
Corn, field, stover..................................                0.1
Oat, grain...........................................               0.05
Oat, straw...........................................                0.1
Soybean..............................................                0.1
Wheat, grain.........................................               0.05
Wheat, straw                                                         0.1
------------------------------------------------------------------------

    (b) Section 18 emergency exemptions. [Reserved]
    (c) Tolerances with regional registrations. [Reserved]

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    (d) Indirect or inadvertent residues. [Reserved]

[FR Doc. 04-10780 Filed 5-11-04; 8:45 am]
BILLING CODE 6560-50-S