[Federal Register Volume 69, Number 100 (Monday, May 24, 2004)]
[Rules and Regulations]
[Pages 29454-29459]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-11673]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[OPP-2004-0136; FRL-7358-7]


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 May 24, 2004. Objections and 
requests for hearings must be received on or before July 23, 2004.

ADDRESSES: To submit a written objection or hearing request follow the 
detailed instructions as provided in Unit III. of the SUPPLEMENTARY 
INFORMATION. EPA has established a docket for this action under Docket 
ID number OPP-2004-0136. 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: 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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              Contact person                     Pesticide/CFR cite
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Barbara Madden, [email protected]     Carfentrazone-ethyl; 180.515
 (703) 305-6463                            Coumaphos; 180.189
                                           Dimethenamid; 180.464
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Linda Arrington, [email protected]   Diflubenzuron; 180.377
 (703) 305-6249
------------------------------------------
Stacey Groce, [email protected] (703)   Mancozeb; 180.176
 305-2505                                  Myclobutanil; 180.443
------------------------------------------
Andrew Ertman, [email protected]       S-metolachlor; 180.368
 (703) 308-9367                            Sulfentrazone; 180.498
------------------------------------------
Andrea Conrath, [email protected]     Bifenthrin; 180.442
 (703) 308-9356                            Fenbuconazole; 180.480
                                           Indoxacarb; 180.564
                                           Pyriproxyfen; 180.510
                                           Thiabendazole; 180.242
                                           Thiophanate Methyl; 180.371
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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 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. 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 29455]]

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/.

II. Background and Statutory Findings

    EPA published final rules in the Federal Register for each 
chemical/commodity listed. The initial issuance of these final rules 
announced that EPA, on its own initiative, under section 408 of the 
FFDCA, 21 U.S.C. 346a, as amended by the Food Quality Protection Act of 
1996 (FQPA) (Public Law 104-170) was establishing time-limited 
tolerances.
    EPA established the tolerances because section 408(l)(6) of the 
FFDCA requires EPA to establish a time-limited tolerance or exemption 
from the requirement for a tolerance for pesticide chemical residues in 
food that will result from the use of a pesticide under an emergency 
exemption granted by EPA under FIFRA section 18. Such tolerances can be 
established without providing notice or time for public comment.
    EPA received requests to extend the use of these chemicals for this 
year's growing season. After having reviewed these submissions, EPA 
concurs that emergency conditions exist. EPA assessed the potential 
risks presented by residues for each chemical/commodity. In doing so, 
EPA considered the safety standard in section 408(b)(2) of 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.
    The data and other relevant material have been evaluated and 
discussed in the final rule originally published to support these uses. 
Based on that data and information considered, the Agency reaffirms 
that extension of these time-limited tolerances will continue to meet 
the requirements of section 408(l)(6) of 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. Bifenthrin. EPA has authorized under FIFRA section 18 the use of 
bifenthrin on orchardgrass,forage and orchardgrass, hay for control of 
orchardgrass billbug in Oregon. This regulation extends time-limited 
tolerances for residues of the insecticide bifenthrin [(2-methyl [1,1'-
biphenyl]-3-yl) methyl-3-(2-chloro-3,3,3-trifluoro-1-propenyl)-2,2-
dimethylcyclopropane carboxylate] in or on orchardgrass, forage and 
orchardgrass, hay at 0.05 ppm for an additional 3-year period. These 
tolerances will expire and are revoked on June 30, 2007. Time-limited 
tolerances were originally published in the Federal Register of July 
26, 2002 (67 FR 48790) (FRL-7187-8) (40 CFR 180.442).
    2. Carfentrazone-ethyl. EPA has authorized under FIFRA section 18 
the use of carfentrazone-ethyl on fruiting vegetables group 8 for 
control of paraquat resistant nightshade, common groundsel and 
morningglory in Florida. 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-fluorobenzene propanoate) 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 tomato, paste at 0.60 ppm; 
tomato, puree at 0.60 ppm and the vegetable, fruiting, group 8 at 0.10 
ppm for an additional 3-year period. These tolerances will expire and 
are revoked on June 30, 2007. Time-limited tolerance were originally 
published in the Federal Register of June 12, 2002 (67 FR 40203) (FRL-
7178-1) (40 CFR 180.515).
    3. Coumaphos. EPA has authorized under FIFRA section 18 the use of 
coumaphos in beehives for control of varroa mites and small hive 
beetles in Arizona, Florida, Idaho, Kansas, Oregon, and Washington. 
This regulation extends time-limited tolerances for combined residues 
of the acaricide/insecticide coumaphos (O,O-diethyl O-3-chloro-4-
methyl-2-oxo-2H-1-benzopyran-7-yl phosphorothioate) and its oxygen 
analog, coumaphoxon (O,O-diethyl O-3-chloro-4-methyl-2-oxo-2H-1-
benzopyran-7-yl phosphate in or on honey at 0.1 ppm and honeycomb at 
100 ppm for an additional 3-year period. These tolerances will expire 
and are revoked on December 31, 2007. Time-limited tolerances were 
originally published in the Federal Register of August 16, 2000 (65 FR 
49927) (FRL-6738-3) (40 CFR 180.189).
    4. Diflubenzuron. EPA has authorized under FIFRA section 18 the use 
of diflubenzuron on alfalfa hay and forage for control of grasshoppers 
and Mormon crickets in Idaho, Nevada, and Utah. This regulation extends 
a time-limited tolerance for residues of the insecticide diflubenzuron 
and its metabolites PCA (p-chloroaniline) and CPU (p-chlorophenylurea), 
expressed as the parent diflubenzuron in or on alfalfa hay and alfalfa 
forage at 6.0 ppm for an additional 3-year period. These tolerances 
will expire and are revoked on June 30, 2007. Time-limited tolerances 
were originally published in the Federal Register of September 20, 2002 
(67 FR 59177) (FRL-7273-7) (40 CFR 180.377).
    EPA has received objections to a tolerance it established for 
diflubenzuron on a specific food commodity. 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. EPA has considered 
whether it is appropriate to extend these emergency exemption 
tolerances for diflubenzuron 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 establishing this tolerance 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. EPA has published a notice 
describing the nature of the NRDC's objections in

[[Page 29456]]

more detail. This notice offered an opportunity for the public to 
comment on this matter and published in the Federal Register of June 
19, 2002 (67 FR 41628) (FRL-7167-7). EPA is now examining the extensive 
comments received. Second, the nature of the current action is 
extremely time-sensitive and addresses an emergency situation. 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.
    5. Dimethenamid. EPA has authorized under FIFRA section 18 the use 
of dimethenamid on dry bulb onions for control of weeds in New York and 
Michigan. This regulation extends a time-limited tolerance for residues 
of the herbicide dimethenamid, 2-chloro-N-[(1-methyl-2-methoxy)ethyl]-
N-(2,4-dimethylthien-3-yl)-acetamide in or on dry bulb onions at 0.01 
ppm for an additional 3-year period. This tolerance will expire and is 
revoked on December 31, 2007. A time-limited tolerance was originally 
published in the Federal Register of August 24, 2000 (65 FR 51544) 
(FRL-6738-1) (40 CFR 180.464).
    6. Dimethenamid. EPA has authorized under FIFRA section 18 the use 
of dimethenamid on sugar beets for control of weeds in Idaho and 
Oregon. This regulation extends a time-limited tolerance for residues 
of the herbicide dimethenamid, 2-chloro-N-[(1-methyl-2-methoxy)ethyl]-
N-(2,4-dimethylthien-3-yl)-acetamide in or on sugar beet and sugar beet 
tops at 0.01 ppm and on sugar beet dried pulp and sugar beet molasses 
at 0.05 ppm for an additional 3-year period. These tolerances will 
expire and are revoked on December 31, 2007. Time-limited tolerances 
were originally published in the Federal Register of August 24, 2000 
(65 FR 51544) (FRL-6738-1) (40 CFR 180.464).
    7. Fenbuconazole. EPA has authorized under FIFRA section 18 the use 
of fenbuconazole on blueberry for control of mummyberry disease in 
Arkansas, Connecticut, Georgia, Indiana, Maine, Massachusetts, 
Michigan, New Jersey, New York, North Carolina, Oregon, Rhode Island, 
South Carolina, and Washington. This regulation extends a time-limited 
tolerance for residues of the fungicide fenbuconazole and its 
metabolites in or on blueberry at 1.0 ppm for an additional 3-year 
period. This tolerance will expire and is revoked on December 31, 2007. 
A time-limited tolerance was originally published in the Federal 
Register of June 10, 1998 (63 FR 31633) (FRL-5791-5) (40 CFR 180.480).
    8. Indoxacarb. EPA has authorized under FIFRA section 18 the use of 
indoxacarb on cranberry for control of weevils in Massachusetts. This 
regulation extends a time-limited tolerance for combined residues of 
the insecticide indoxacarb, [(S)-methyl 7-chloro-2,5-dihydro-2- 
[[(methoxycarbonyl) [4-(trifluoromethoxy)phenyl] 
amino]carbonyl]indeno[1,2-e][1,3,4]oxadiazine-4a(3H)-carboxylate] and 
its R-enantiomer [(R)-methyl 7-chloro-2,5-dihydro-2- 
[[(methoxycarbonyl)[4-(trifluoromethoxy)phenyl] 
amino]carbonyl]indeno[1,2-e][1,3,4]oxadiazine-4a(3H)-carboxylate] in or 
on cranberry at 0.5 ppm for an additional 3-year period. This tolerance 
will expire and is revoked on December 31, 2007. A time-limited 
tolerance was originally published in the Federal Register of September 
18, 2002 (67 FR 58725) (FRL-7274-9) (40 CFR 180.564).
    9. Mancozeb. EPA has authorized under FIFRA section 18 the use of 
mancozeb on ginseng for control of Alterneria stem and leaf blight, and 
Phytophthora leaf blight in Michigan, Wisconsin, Oregon, and 
Washington. This regulation extends a time-limited tolerance for 
combined residues of the fungicide mancozeb, calculated as zinc 
ethylenebisdithiocarbamate, and its metabolite ethylenethiourea (ETU) 
in or on ginseng at 2.0 ppm for an additional 2-year period. This 
tolerance will expire and is revoked on December 31, 2006. A time-
limited tolerance was originally published in the Federal Register of 
October 9, 1998 (63 FR 54362) (FRL-6029-5) (40 CFR 180.176).
    10. Myclobutanil. EPA has authorized under FIFRA section 18 the use 
of myclobutanil on sugar beets for control of powdery mildew in Idaho 
and Oregon. 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 dried pulp of sugar 
beets at 1.0 ppm, sugar beet molasses at 1.0 ppm, refined sugar from 
sugar beets at 0.70 ppm, sugar beet roots at 0.05 ppm, and sugar beet 
tops at 1.0 ppm for an additional 3-year period. These tolerances will 
expire and are revoked on December 31, 2007. A time-limited tolerance 
was originally published in the Federal Register of January 3, 2001 (66 
FR 298 (FRL-6757-9) (40 CFR 180.443).
    11. Pyriproxyfen. EPA has authorized under FIFRA section 18 the use 
of pyriproxyfen on strawberry for control of whiteflies in Calilfornia. 
This regulation extends a time-limited tolerance for residues of the 
insecticide pyriproxyfen, 2-[1-methyl-2-(4-phenoxyphenoxy) 
ethoxypyridine] in or on strawberry at 0.3 ppm for an additional 3-year 
period. This tolerance will expire and is revoked on December 31, 2007. 
A time-limited tolerance was originally published in the Federal 
Register of November 29, 2002 (67 FR 71105) (FRL-7281-2) (40 CFR 
180.510).
    12. S-metolachlor. EPA has authorized under FIFRA section 18 the 
use of s-metolachlor on sweet potatoes for control of sedge weeds in 
Louisiana. This regulation extends a time-limited tolerance for the 
combined residues (free and bound) of the herbicide s-metolachlor [(S)-
2-chloro-N-(2-ethyl-6-methylphenyl)-N-(2-methoxy-1-
methylethyl)acetamide], its R-enantiomer 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 sweet 
potatoes at 0.2 ppm for an additional 3-year period. This tolerance 
will expire and is revoked on December 31, 2007. A time-limited 
tolerance was originally published in the Federal Register of January 
3, 2003 (68 FR 274) (FRL-7283-2) (40 CFR 180.368).
    13. Sulfentrazone. EPA has authorized under FIFRA section 18 the 
use of sulfentrazone on flax for control of kochia and ALS-resistant 
kochia in North Dakota and South Dakota. This regulation extends a 
time-limited tolerance for combined residues of sulfentrazone, N-[2,4-
dichloro-5-[4-(difluoromethyl)-4,5-dihydro-3-methyl-5-oxo-1H-1,2,4-
triazol-1-yl]phenyl]methanesulfonamide, and its metabolites 3-
hydroxymethyl sulfentrazone (HMS) and 3-desmethyl sulfentrazone (DMS) 
in or on flax seed at 0.20 ppm for an additional 3-year period. This 
tolerance will expire and is revoked on December 31, 2007. A time-
limited tolerance was originally published in the Federal Register of 
August 21, 2002 (67 FR 54111) (FRL-7191-5) (40 CFR 180.498).
    14. Sulfentrazone. EPA has authorized under FIFRA section 18 the 
use of sulfentrazone on strawberries for control of broadleaf weeds in 
Washington, Oregon, Wisconsin and Michigan. This regulation extends a 
time-limited tolerance for combined residues of sulfentrazone, N-[2,4-
dichloro-5-[4-(difluoromethyl)-4,5-dihydro-3-methyl-5-oxo-1H-1,2,4-
triazol-1-yl]phenyl]methanesulfonamide, and its metabolites 3-
hydroxymethyl

[[Page 29457]]

sulfentrazone (HMS) and 3-desmethyl sulfentrazone (DMS) in or on 
strawberries at 0.60 ppm for an additional 3-year period. This 
tolerance will expire and is revoked on December 31, 2007. A time-
limited tolerance was originally published in the Federal Register of 
August 1, 2001 (66 FR 39651) (FRL-6793-1) (40 CFR 180.498).
    15. Thiabendazole. EPA has authorized under FIFRA section 18 the 
use of thiabendazole on lentils for control of Ascochyta blight in 
Idaho, Montana, North Dakota, Oregon, and Washington. This regulation 
extends a time-limited tolerance for residues of the fungicide 
thiabendazole in or on lentils at 0.1 ppm for an additional 3-year 
period. This tolerance will expire and is revoked on December 31, 2007. 
A time-limited tolerance was originally published in the Federal 
Register of February 25, 1998 (63 FR 9435) (FRL-5767-6) (40 CFR 
180.242).
    16. Thiophanate methyl. EPA has authorized under FIFRA section 18 
the use of thiophanate methyl on blueberry for control of fungal 
diseases in Connecticut, Indiana, Michigan, New Jersey, New York, Ohio, 
and Pennsylvania. This regulation extends a time-limited tolerance for 
residues of the fungicide thiophanate methyl and its metabolite methyl 
2-benzimidazoyl carbamate (MBC) in or on blueberry at 1.5 ppm for an 
additional 3-year period. This tolerance will expire and is revoked on 
June 30, 2007. A time-limited tolerance was originally published in the 
Federal Register of September 12, 2002 (67 FR 57748) (FRL-7196-5) (40 
CFR 180.371).
    17. Thiophanate methyl. EPA has authorized under FIFRA section 18 
the use of thiophanate methyl on citrus fruit for control of post-bloom 
fruit drop in Florida and Louisiana. This regulation extends a time-
limited tolerance for residues of the fungicide thiophanate methyl and 
its metabolite methyl 2-benzimidazoyl carbamate (MBC) in or on citrus 
at 0.5 ppm for an additional 3-year period. This tolerance will expire 
and is revoked on June 30, 2007. A time-limited tolerance was 
originally published in the Federal Register of September 12, 2002 (67 
FR 57748) (FRL-7196-5) (40 CFR 180.371).
    18. Thiophanate methyl. EPA has authorized under FIFRA section 18 
the use of thiophanate methyl on mushroom spawn for control of green 
mold in California, Delaware, Maryland, and Pennsylvania. This 
regulation extends a time-limited tolerance for residues of the 
fungicide thiophanate methyl and its metabolite methyl 2-benzimidazoyl 
carbamate (MBC) in or on mushroom at 0.01 ppm for an additional 3-year 
period. This tolerance will expire and is revoked on December 31, 2007. 
A time-limited tolerance was originally published in the Federal 
Register of February 5, 2003 (68 FR 5847) (FRL-7285-9) (40 CFR 
180.371).

III. Objections and Hearing Requests

    Under section 408(g) of the FFDCA, as amended by the FQPA, any 
person may file an objection to any aspect of this regulation and may 
also request a hearing on those objections. The EPA procedural 
regulations which govern the submission of objections and requests for 
hearings appear in 40 CFR part 178. Although the procedures in those 
regulations require some modification to reflect the amendments made to 
the FFDCA by the FQPA, EPA will continue to use those procedures, with 
appropriate adjustments, until the necessary modifications can be made. 
The new section 408(g) of the FFDCA provides essentially the same 
process for persons to ``object'' to a regulation for an exemption from 
the requirement of a tolerance issued by EPA under new section 408(d) 
of the FFDCA, as was provided in the old sections 408 and 409 of the 
FFDCA. However, the period for filing objections is now 60 days, rather 
than 30 days.

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

    You must file your objection or request a hearing on this 
regulation in accordance with the instructions provided in this unit 
and in 40 CFR part 178. To ensure proper receipt by EPA, you must 
identify docket ID number OPP-2004-0136 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 June 23, 
2004.
    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 (1900L), 
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 Suite 350, 1099 14\th\ St., NW., 
Washington, DC 20005. The Office of the Hearing Clerk is open from 8 
a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The 
telephone number for the Office of the Hearing Clerk is (202) 564-6255.
    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 ADDRESSES. Mail your 
copies, identified by docket ID number OPP-2004-0136, 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 ADDRESSES. You may also send an

[[Page 29458]]

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

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

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

IV. 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, 
entitled Protection of Children from Environmental Health Risks and 
Safety Risks (62 FR 19885, April 23, 1997). This action does not 
involve any technical standards that would require Agency consideration 
of voluntary consensus standards pursuant to section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (NTTAA), 
Public Law 104-113, section 12(d) (15 U.S.C. 272 note). Since 
tolerances and exemptions that are established under section 408(l)(6) 
of the FFDCA in response to an exemption under FIFRA section 18, such 
as the tolerances in this final rule, do not require the issuance of a 
proposed rule, the requirements of the Regulatory Flexibility Act (RFA) 
(5 U.S.C. 601 et seq.) do not apply. In addition, the Agency has 
determined that this action will not have a substantial direct effect 
on States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government, as specified in Executive Order 13132, 
entitled Federalism (64 FR 43255, August 10, 1999). Executive Order 
13132 requires EPA to develop an accountable process to ensure 
``meaningful and timely input by State and local officials in the 
development of regulatory policies that have federalism implications.'' 
``Policies that have federalism implications'' is defined in the 
Executive Order to include regulations that have ``substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government.'' This final 
rule directly regulates growers, food processors, food handlers and 
food retailers, not States. This action does not alter the 
relationships or distribution of power and responsibilities established 
by Congress in the preemption provisions of section 408(n)(4) of the 
FFDCA. For these same reasons, the Agency has determined that this rule 
does not have any ``tribal implications'' as described in Executive 
Order 13175, entitled Consultation and Coordination with Indian Tribal 
Governments (65 FR 67249, November 6, 2000). Executive Order 13175, 
requires EPA to develop an accountable process to ensure ``meaningful 
and timely input by tribal officials in the development of regulatory 
policies that have tribal implications.'' ``Policies that have tribal 
implications'' is defined in the Executive Order to include regulations 
that have ``substantial direct effects on one or more Indian tribes, on 
the relationship between the Federal Government and the Indian tribes, 
or on the distribution of power and responsibilities between the 
Federal 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: May 11, 2004.
Lois Rossi,
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), 346a and 371.


Sec.  180.176  [Amended]

0
2. In Sec.  180.176, in the table to paragraph (b), amend the entry for 
ginseng, root by revising the expiration/revocation date ``12/31/04'' 
to read ``12/31/06.''


Sec.  180.189  [Amended]

0
3. In Sec.  180.189, in the table to paragraph (b), amend the entries 
for honey and honeycomb by revising the expiration/revocation date 
``12/31/04'' to read ``12/31/07.''


Sec.  180.242  [Amended]

0
4. In Sec.  180.242, in the table to paragraph (b), amend the entry for 
lentil, seed by revising the expiration/

[[Page 29459]]

revocation date ``12/31/04'' to read ``12/31/07.''


Sec.  180.368  [Amended]

0
5. In Sec.  180.368, in the table to paragraph (b)(2), amend the entry 
for sweet potato, roots by revising the expiration/revocation date 
``12/31/04'' to read ``12/31/07.''


Sec.  180.371  [Amended]

0
6. In Sec.  180.371, in the table to paragraph (b), amend the entries 
for blueberry and citrus by revising the expiration/revocation date 
``6/30/04'' to read ``6/30/07'' and amend the entry for mushroom by 
revising the expiration/revocation date ``12/31/04'' to read ``12/31/
07.''


Sec.  180.377  [Amended]

0
7. In Sec.  180.377, in the table to paragraph (b), amend the entries 
for alfalfa, forage and alfalfa, hay by revising the expiration/
revocation date ``6/30/04'' to read ``6/30/07.''


Sec.  180.442  [Amended]

0
8. In Sec.  180.442, in the table to paragraph (b), amend the entries 
for orchardgrass, forage and orchardgrass, hay by revising the 
expiration/revocation date ``6/30/04'' to read ``6/30/07.''


Sec.  180.443  [Amended]

0
9. In Sec.  180.443, in the table to paragraph (b), amend the entries 
for beet, sugar, dried pulp; beet, sugar, molasses; beet, sugar, 
refined sugar; and beet, sugar, roots by revising the expiration/
revocation date ``12/31/04'' to read ``12/31/07.''


Sec.  180.464  [Amended]

0
10. In Sec.  180.464, in the table to paragraph (b), amend the entries 
for beet, sugar; beet, sugar, dried pulp; beet, sugar, molasses; beet, 
sugar, tops; and onion, dry, bulb by revising the expiration/revocation 
date ``12/31/04'' to read ``12/31/07.''


Sec.  180.480  [Amended]

0
11. In Sec.  180.480, in the table to paragraph (b), amend the entry 
for blueberry by revising the expiration/revocation date ``12/31/04'' 
to read ``12/31/07.''


Sec.  180.498  [Amended]

0
12. In Sec.  180.498, in the table to paragraph (b), amend the entries 
for flax, seed and strawberry by revising the expiration/revocation 
date ``12/31/04'' to read ``12/31/07.''


Sec.  180.510  [Amended]

0
13. In Sec.  180.510, in the table to paragraph (b), amend the entry 
for strawberry by revising the expiration/revocation date ``12/31/04'' 
to read ``12/31/07.''


Sec.  180.515  [Amended]

0
14. In Sec.  180.515, in the table to paragraph (b), amend the entries 
for tomato, paste; tomato, puree; and vegetable, fruiting, group 8 by 
revising the expiration/revocation date ``6/30/04'' to read ``6/30/
07.''


Sec.  180.564  [Amended]

0
15. In Sec.  180.564, in the table to paragraph (b), amend the entry 
for cranberry by revising the expiration/revocation date ``12/31/04'' 
to read ``12/31/07.''

[FR Doc. 04-11673 Filed 5-21-04; 8:45 am]
BILLING CODE 6560-50-S