[Federal Register Volume 69, Number 141 (Friday, July 23, 2004)]
[Rules and Regulations]
[Pages 43918-43924]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-16718]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[OPP-2004-0088; FRL-7358-6]


Bitertanol, Chlorpropham, Cloprop, Combustion Product Gas, 
Cyanazine, et al.; Tolerance Actions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This document revokes certain tolerances and tolerance 
exemptions for residues of the insecticides combustion product gas, 
ethion, formetanate hydrochloride, nicotine-containing compounds, 
polyoxyethylene, and tartar emetic; herbicides chlorpropham, cyanazine, 
and tridiphane; fungicides 1,1,1-trichloroethane and triforine; and the 
plant regulators cloprop and 4,6-dinitro-o-cresol because these 
specific tolerances are either no longer needed or are associated with 
food uses that are no longer current or registered in the United 
States. Also, EPA is modifying certain ethion tolerances before they 
expire. Due to comment, EPA is not revoking specific tolerances for the 
fungicide bitertanol or the fungicide-insecticide dinocap at this time. 
The regulatory actions 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. The 
regulatory actions in this document pertain to the revocation of 58 
tolerances and tolerance exemptions. Because one tolerance was 
previously reassessed, 57 tolerances/exemptions are counted as 
reassessed toward the August 2006 review deadline.

DATES: This regulation is effective October 21, 2004; however, certain 
regulatory actions will not occur until the date specified in the 
regulatory text. Objections and requests for hearings must be received 
on or before September 21, 2004.

ADDRESSES: To submit a written objection or hearing request follow the 
detailed instructions as provided in Unit IV. of the SUPPLEMENTARY 
INFORMATION. EPA has established a docket for this action under docket 
ID number OPP-2004-0088. 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., Confidential 
Business Information (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 hardcopy 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 notlimited to:
     Crop production (NAICS 111), e.g., agricultural workers; 
greenhouse, nursery, and floriculture workers; farmers.
     Animal production (NAICS 112), e.g., ranchers and farmers, 
livestock farmers.
     Food manufacturing (NAICS 311), e.g., agricultural 
workers; farmers; greenhouse, nursery, and floriculture workers; 
ranchers; pesticide applicators.
     Pesticide manufacturing (NAICS 32532), e.g., agricultural 
workers; commercial applicators; farmers; greenhouse, nursery, and 
floriculture workers; residential users.
    This listing is not intended to be exhaustive, but rather provides 
a guide for readers regarding entities likely to be affected by this 
action. Other types of entities not listed in this unit could also be 
affected. The North American Industrial Classification System (NAICS) 
codes have been provided to assist you and others in determining 
whether this action might apply to certain entities. If you have any 
questions regarding the applicability of this action to a particular 
entity, consult the person listed under FOR FURTHER INFORMATION 
CONTACT.

B. How Can I 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

A. What Action is the Agency Taking?

    In the Federal Register of December 10, 2003 (68 FR 68806) (FRL-
7330-8), EPA issued a proposed rule to revoke certain tolerances and 
tolerance exemptions for residues of the fungicide and insecticide 
dinocap; insecticides combustion product gas, ethion, formetanate 
hydrochloride, nicotine-containing compounds, polyoxyethylene, and 
tartar emetic; herbicides chlorpropham, cyanazine, and tridiphane; 
fungicides bitertanol, 1,1,1-trichloroethane, and triforine; and the 
plant regulators cloprop and 4,6-dinitro-o-cresol. Also, the December 
10 2003 proposal provided a 60-day comment period which invited public 
comment for consideration and for support of tolerance retention under 
the FFDCA standards.
    This final rule revokes certain tolerances and tolerance exemptions 
for residues of insecticides combustion product gas, ethion, 
formetanate hydrochloride, nicotine-containing compounds, 
polyoxyethylene, and tartar emetic; herbicides chlorpropham, cyanazine, 
and tridiphane; fungicides 1,1,1-trichloroethane and triforine; and the 
plant regulators cloprop and 4,6-dinitro-o-cresol because these 
specific tolerances and exemptions correspond to uses no longer current 
or registered under FIFRA in the United States. The tolerances revoked 
by this final rule are no longer necessary to cover residues of the 
relevant pesticides in or on domestically treated commodities or 
commodities treated outside but imported into the United States. It is 
EPA's general practice to revoke those tolerances and tolerance 
exemptions for residues of pesticide active ingredients

[[Page 43919]]

on crop uses for which there are no active registrations under FIFRA, 
unless any person in comments on the proposal indicates a need for the 
tolerance or tolerance exemption to cover residues in or on imported 
commodities or domestic commodities legally treated.
    Concerning the Reregistration Eligibility Decisions (REDs) for 
chlorpropham and ethion and the Report on FQPA Tolerance Reassessment 
Progress and Interim Risk Management Decision (TRED) for chlorpropham 
mentioned in this rule, printed copies of the REDs and TREDs may be 
obtained from EPA's National Service Center for Environmental 
Publications (EPA/NSCEP), P.O. Box 42419, Cincinnati, OH 45242-2419; 
telephone number: 1-800-490-9198; fax number: 1-513-489-8695; Internet 
address: http://www.epa.gov/ncepihom/, and from the National Technical 
Information Service (NTIS), 5285 Port Royal Rd., Springfield, VA 22161; 
telephone number: 1-800-553-6847 or 703-605-6000; Internet address: 
http://www.ntis.gov/. Electronic copies of REDs and TREDs are available 
on the internet at http://www.epa.gov/pesticides/reregistration/status.htm.
    EPA has historically expressed a concern that retention of 
tolerances that are not necessary to cover residues in or on legally 
treated foods has the potential to encourage misuse of pesticides 
within the United States. Thus, it is EPA's policy to issue a final 
rule revoking those tolerances for residues of pesticide chemicals for 
which there are no active registrations under FIFRA, unless any person 
commenting on the proposal demonstrates a need for the tolerance to 
cover residues in or on imported commodities or domestic commodities 
legally treated.
    Generally, EPA will proceed with the revocation of these tolerances 
on the grounds discussed in Unit II.A. if one of these conditions 
applies, as follows:
    1. Prior to EPA's issuance of a section 408(f) order requesting 
additional data or issuance of a section 408(d) or (e) order revoking 
the tolerances on other grounds, commenters retract the comment 
identifying a need for the tolerance to be retained.
    2. EPA independently verifies that the tolerance is no longer 
needed.
    3. The tolerance is not supported by data that demonstrate that the 
tolerance meets the requirements under FQPA.
    This final rule does not revoke those tolerances for which EPA 
received comments stating a need for the tolerance to be retained. In 
response to the proposal published in the Federal Register of December 
10, 2003 (68 FR 68806), EPA received comments as follows:
    Comments. A private citizen from New Jersey expressed concern with 
pesticide use in general and the public's exposure in their daily 
lives. On December 10, 2003, the individual stated that there should be 
zero tolerance for all the chemicals mentioned in 40 CFR part 180.
    Agency response. The private citizens's comment did not take issue 
with the Agency's conclusion that certain tolerances which were no 
longer needed should be revoked. It is EPA's general practice to 
propose revocation of tolerances for residues of pesticide active 
ingredients on crop uses for which FIFRA registrations no longer exist. 
EPA has historically been concerned that retention of tolerances that 
are not necessary to cover residues in or on legally treated foods may 
encourage misuse of pesticides within the United States.
    1. Bitertanol. EPA received a comment from Bayer CropScience, who 
requested on January 15, 2004, that EPA not revoke the tolerance for 
bitertanol on bananas. Bayer acknowledged that while some previously 
submitted data may not meet current guideline requirements, it would 
support the tolerance on banana for import purposes with data.
    Agency response. Because in a comment to the proposed rule, Bayer 
CropScience expressed a need for the retention of the banana tolerance 
for import purposes and intent to support the tolerance with data, EPA 
will not revoke the tolerance in 40 CFR 180.457 for residues of beta-
([1,1'-biphenyl]-4-yloxy)-alpha-(1,1-dimethylethyl)-1H-1,2,4-triazole-
1-ethanol, also called bitertanol, in or on banana (whole) at this 
time. EPA published a guidance on pesticide import tolerances and 
residue data for imported food in the Federal Register of June 1, 2000 
(65 FR 35069) (FRL-6559-3). When the submitted data have been reviewed, 
EPA will re-evaluate that tolerance under FFDCA. If data adequate to 
support a safety finding are lacking, EPA intends to revoke the 
tolerance on banana in 40 CFR 180.457.
    2. Cloprop. EPA received a comment from the Pineapple Growers 
Association of Hawaii (PGAH) who requested on January 9, 2004, and 
again on January 23, 2004, that the tolerance for the use of cloprop on 
pineapples not be revoked for 3 years in order to allow for the 
exhaustion of existing stocks of cloprop.
    Agency response. On September 21, 2001, EPA amended its 
authorization of a specific emergency exemption under section 18 of 
FIFRA for application of cloprop on pineapple in Hawaii until August 2, 
2002. There are no active registrations for use of cloprop on 
pineapples and therefore, the pineapple tolerance is no longer needed. 
However, due to PGAH's comment on existing stocks, EPA is changing the 
revocation date of the tolerance in 40 CFR 180.325 for residues of 2-
(m-chlorophenoxy) propionic acid, called cloprop, from application of 
the acid or of 2-(m-chlorophenoxy) propionamide in or on pineapple to 
February 1, 2007, which EPA believes allows sufficient time for 
existing stocks to be used and cloprop-treated pineapples to clear the 
channels of trade.
    3. Dinocap. EPA received a comment from Dow AgroSciences, who 
requested on February 2, 2004, that EPA not revoke the tolerances for 
dinocap on apple and grape because it would support the tolerances on 
apple and grape for import purposes. Also, Dow AgroSciences noted that 
it had previously indicated such an intention which EPA included in a 
notice regarding the availability of the RED for dinocap published in 
the Federal Register of September 17, 2003 (68 FR 54449) (FRL-7321-8). 
In addition, Dow AgroSciences stated it would work with EPA to achieve 
compliance with the Agency's guidance on import tolerances and its data 
requirements.
    Agency response. Because in a comment to the proposed rule, Dow 
AgroSciences expressed a need for the retention of the apple and grape 
tolerances for import purposes and intent to support the tolerances 
with data, EPA will not revoke the tolerances in 40 CFR 180.341 for 
combined residues that is a mixture of 2,4-dinitro-6-octylphenyl 
crotonate and 2,6-dinitro-4-octylphenyl crotonate, called dinocap, in 
or on apple and grape at this time. EPA published a guidance on 
pesticide import tolerances and residue data for imported food in the 
Federal Register of June 1, 2000 (65 FR 35069). When the submitted data 
have been reviewed, EPA will re-evaluate the tolerances under FFDCA. If 
data adequate to support a safety finding are lacking, EPA intends to 
revoke the tolerances on apple and grape in 40 CFR 180.341. In this 
final rule, the Agency will revise the text for tolerances in 40 CFR 
180.341 paragraph (a) into tabular form.
    No comments were received by the Agency concerning the following.
    4. Chlorpropham. In the 1996 RED for chlorpropham, EPA required 
environmental fate and ecological effects data to maintain the spinach 
registration, which was registered as a Special Local Need under FIFRA 
24(c) and was not being supported by the primary registrants of 
technical

[[Page 43920]]

chlorpropham. In February 2002, EPA canceled the last Special Local 
Need registration, but allowed use until December 31, 2002. On July 19, 
2002, EPA reassessed the spinach tolerance in a TRED for chlorpropham. 
That reassessment decision was a recommendation to revoke the spinach 
tolerance because there are no active registrations and therefore, the 
tolerance is no longer needed. The Agency believes that there has been 
sufficient time for chlorpropham-treated spinach to clear the channels 
of trade. Therefore, EPA is revoking the interim tolerance in 40 CFR 
180.319 regarding isopropyl m-chlorocarbanilate (CIPC), called 
chlorpropham, for residues in or on spinach.
    5. Combustion product gas. EPA is revoking the tolerance exemption 
in 40 CFR 180.1051 for residues of the gas produced by the controlled 
combustion in air of butane, propane, or natural gas in or on all food 
commodities (except fresh meat) when used after harvest in modified 
atmospheres for stored product with prescribed conditions. The Agency 
is revoking the tolerance exemption because no active U.S. 
registrations have existed since 1993 and therefore, the tolerance 
exemption is no longer needed.
    6. Cyanazine. In November 1994, EPA initiated a Special Review of 
cyanazine based on concerns that cyanazine may pose a risk of inducing 
cancer in humans from dietary, occupational, and residential exposure. 
In the Federal Register of July 25, 1996 (61 FR 39023) (FRL-5385-7), 
EPA announced a final determination to terminate the cyanazine Special 
Review. In the same notice, EPA accepted requests for the voluntary 
cancellation of cyanazine registrations effective December 31, 1999, 
and ordered the cancellations to take effect on January 1 2000, 
authorized sale and distribution of such products in the channels of 
trade in accordance with their labels through September 30, 2002, and 
prohibited the use of cyanazine products after December 31, 2002. EPA 
issued an order confirming the cyanazine cancellation on January 6, 
2000 (65 FR 771) (FRL-6486-7).
    EPA proposed to revoke the tolerances for cyanazine on April 23, 
1999 (64 FR 19961) (FRL-6076-4). Only one significant comment was 
received in response to that document. Griffin L.L.C. requested that 
EPA not revoke the tolerances for cyanazine and due to Griffin's 
interest in maintaining those tolerances as import tolerances, the 
Agency did not take action on cyanazine at that time (July 21, 1999, 64 
FR 39078) (FRL-6093-9). However, in a letter to the Agency dated August 
24, 1999, Griffin L.L.C. stated that it no longer needs EPA to maintain 
import tolerances for cyanazine. The Agency believes that there has 
been sufficient time for cyanazine-treated commodities to clear the 
channels of trade. Therefore, EPA is revoking the tolerances in 40 CFR 
180.307 for residues of the herbicide 2-[[4-chloro-6-(ethylamino)-s-
triazin-2-yl]amino]-2-methylpropionitrile, called cyanazine, in or on 
corn, forage; corn, fresh, kernel plus cob with husks removed; corn, 
grain; corn, stover; cotton, undelinted seed; sorghum, forage; sorghum, 
grain; sorghum, grain, stover; wheat, forage; wheat, grain; and wheat, 
straw.
    7. 4,6-Dinitro-o-cresol. EPA is revoking the tolerance in 40 CFR 
180.344 for residues 4,6-dinitro-o-cresol (DNOC) and its sodium salt in 
or on apple from application to apple trees at the blossom stage 
because no active U.S. registrations have existed for its associated 
commodity use since 1993 and therefore, the tolerance is no longer 
needed.
    8. Ethion. On July 31, 2002 (67 FR 49606) (FRL-7191-4), EPA 
published a final rule in the Federal Register which revoked ethion 
tolerances on citrus fruit, dried citrus pulp, and certain animal 
commodities with expiration/revocation dates of October 1, 2008. The 
Agency acknowledged that citrus and animal feed (citrus, dried pulp) 
with legal residues of ethion can take several years to clear channels 
of trade from ethion's last legal use date of December 31, 2004.
    In the July 2002 final rule, EPA did not act on the cattle and milk 
fat tolerances for ethion because of an existing cattle ear tag 
product. On October 16, 2002 (67 FR 63909) (FRL-7276-6), EPA published 
a notice in the Federal Register under section 6(f)(1) of FIFRA 
announcing its receipt of a request from the registrant for 
cancellation of the last cattle ear tag product for ethion. EPA 
approved the registrant's request for voluntary cancellation and on 
June 4 2003, issued a cancellation order with an effective date of May 
31, 2003, i.e., the order allowed the basic registrant to distribute 
and sell existing stocks of the canceled product until May 31, 2003. 
Therefore, EPA is revoking tolerances in 40 CFR 180.173 for residues of 
the insecticide ethion (O,O,O',O'-tetraethyl S,S'-methylene 
bisphosphorodithioate) including its oxygen analog (S-
[[(diethoxyphosphinothioyl) thio]methyl] O,O-diethyl phosphorothioate) 
in or on cattle, fat; cattle, meat byproducts; cattle, meat (fat 
basis); and milk fat (reflecting (n) residues in milk), each with an 
expiration/revocation date of October 1, 2008. These dates are 
consistent with the expiration/revocation date concerning the ethion 
tolerance on dried citrus pulp, an animal feed. In addition and in 
accordance with the 2001 Registration Eligibility Decision (RED) for 
ethion, EPA is not only revoking the cattle tolerances, but also 
decreasing them based on an available ruminant feeding study to 0.2 
parts per million (ppm) during the period before they expire on October 
1, 2008. In the RED, EPA found that these revised tolerances are safe 
in accordance with section 408 of the FFDCA. A copy of the ethion RED 
is available at http://www.epa.gov/edocket/ by searching for docket ID 
number OPP-2003-0265 concerning the proposed rule of (December 10, 
2003, 68 FR 68806) (FRL-7330-8). The ethion RED is also available at 
http://www.epa.gov/pesticides/reregistration/status.htm/. See the 
ethion RED Part IV(C)(1)(b): Tolerance Summary.
    Also, in the 2001 RED for ethion, EPA recommended that the citrus 
tolerances should be revoked, but also be raised during the period 
before they expire (from 10.0 to 25.0 ppm for dehydrated pulp and from 
2.0 to 5.0 ppm for citrus fruits) based on the available citrus field 
trial and processing data. In the RED, EPA found that these revised 
tolerances are safe in accordance with section 408 of the FFDCA. (See 
the ethion RED Part IV(C)(1)(b): Tolerance Summary). Therefore, in 40 
CFR 180.173, while the citrus, dried pulp and fruit, citrus tolerances 
will continue to expire on October 1, 2008, the Agency is increasing 
the tolerances for citrus, dried pulp (10 ppm) and fruit, citrus (2.0 
ppm) during the period before they expire to 25.0 and 5.0 ppm, 
respectively.
    In addition, to conform to current Agency practice, EPA is revising 
the commodity terminologies in 40 CFR 180.173 for ``fruit, citrus'' to 
``fruit, citrus, group 10''; and ``milk fat (reflecting (n) residues in 
milk)'' to ``milk, fat, reflecting negligible residues in milk.''
    9. Formetanate hydrochloride. EPA had initiated negotiations with 
the registrant for formetanate hydrochloride due to Agency concerns. As 
one measure to reduce concerns, the registrant agreed to delete the 
product use on plums and prunes, which appear to benefit little from 
use of the product. Pursuant to section 6(f) of FIFRA, EPA received the 
request for voluntary amendments to delete the aforementioned uses from 
the registrations. On February 8, 2000, a

[[Page 43921]]

6(f)(1) notice of receipt of the request by the registrant was 
published in the Federal Register (65 FR 6208) (FRL-6489-6). EPA 
granted the registrant's request to waive the 180-day comment period, 
but the Agency provided a 30-day public comment period, and granted the 
requested amendments to delete those uses from registration labels on 
May 31, 2000. Except for the purpose of relabeling, the Agency had 
prohibited sale and distribution by the registrant after December 1, 
1999, and by persons other than the registrant, including existing 
stocks, after June 1, 2000, of products labeled for use on plums and 
prunes.
    Because there are no active registrations for use of formetanate 
hydrochloride on plums and prunes, the tolerances are no longer needed. 
Therefore, EPA is revoking the tolerances in 40 CFR 180.276(a)(1) for 
residues of the insecticide formetanate hydrochloride in or on plum, 
prune, fresh and in 40 CFR 180.276(a)(2) for residues of the 
insecticide formetanate hydrochloride in or on dried prunes.
    10. Nicotine-containing compounds. On December 6, 2002 (67 FR 
72673) (FRL-7281-5), EPA published a notice in the Federal Register 
under section 6(f)(1) of FIFRA announcing its receipt of a request from 
the registrant to amend a registration for a product whose active 
ingredient is a nicotine-containing compound and delete greenhouse food 
crops uses, including cucumber, lettuce, and tomato. (These were the 
last active food use registrations for nicotine-containing compounds). 
EPA approved the registrants' requests for voluntary deletion of these 
uses and allowed a period of 18 months for the registrant to sell and 
distribute existing stocks until December 4, 2004. The Agency believes 
that there is sufficient time for end users to exhaust those existing 
stocks and treated commodities to clear the channels of trade by 
December 4, 2005. Therefore, EPA is revoking the tolerances in 40 CFR 
180.167 for residues of nicotine-containing compounds in or on 
cucumber, lettuce, and tomato with expiration/revocation dates of 
December 4, 2005.
    11. Polyoxyethylene. EPA is revoking the tolerance exemptions in 40 
CFR 180.1078 for residues of poly(oxy-1,2-ethanediyl), alpha-
isooctadyl-omega-hydroxy, also called polyoxyethylene, in or on fish, 
shellfish, irrigated crops, meat, milk, poultry, and eggs because no 
active U.S. registrations have existed since 1990 and therefore, the 
tolerance exemptions are no longer needed.
    12. Tartar emetic. EPA is revoking the tolerances in 40 CFR 180.179 
for residues, calculated as combined antimony trioxide, in or on fruit, 
citrus; grape, and onion because no active U.S. registrations have 
existed for their associated commodity uses since 1992.
    13. 1,1,1-Trichloroethane. EPA is revoking the tolerance exemption 
in 40 CFR 180.1012 for residues of 1,1,1-trichloroethane when used in 
the postharvest fumigation of citrus fruits because no active U.S. 
registrations have existed since 1989 and therefore, the tolerance 
exemption is no longer needed.
    14. Tridiphane. On September 26, 2001 (66 FR 49184) (FRL-6802-1), 
EPA published a notice in the Federal Register under section 6(f)(1) of 
FIFRA announcing its receipt of a request from the registrant for 
cancellation of the last active tridiphane product registration. EPA 
approved the registrants' request for voluntary cancellation and issued 
a cancellation order with an effective date of April 5, 2002, which 
allowed the registrant to sell and distribute existing stocks of the 
canceled product until July 17, 2002. The Agency believes that there 
has been sufficient time for end users to exhaust those existing stocks 
and for treated commodities to clear the channels of trade. Therefore, 
EPA is revoking the tolerances in 40 CFR 180.424 for residues of 2-
(3,5-dichlorophenyl)-2-(2,2,2-trichloroethyl)-oxirane, called 
tridiphane, in or on corn, grain, field; corn, forage; and corn, 
stover.
    15. Triforine. On December 24, 1997 (62 FR 67365) (FRL-5761-8), EPA 
published a notice in the Federal Register under section 6(f)(1) of 
FIFRA announcing its receipt of a request from the registrant to amend 
a triforine product registration and delete certain triforine uses, 
including almonds, apples, apricots, asparagus, blueberries, cherries, 
cranberries, nectarines, plums, and prunes. EPA approved the 
registrants' requests for voluntary deletion of these uses and allowed 
a period of 18 months for the registrant to sell and distribute 
existing stocks (until approximately the end of 1999). Also, on July 
31, 1998 (63 FR 41145) (FRL-6015-8), EPA published a notice in the 
Federal Register which announced cancellation of a triforine 
registration for non-payment of 1998 maintenance fee and issuance of a 
cancellation order which permitted the registrant to sell and 
distribute existing stocks of the canceled product until January 15, 
1999.
    The Agency believes that end users had sufficient time to exhaust 
those existing stocks and for treated commodities to have cleared the 
channels of trade. Therefore, EPA is revoking the tolerances in 40 CFR 
180.382(a) for residues of triforine in or on almond, hulls; almond; 
apple; apricot; bell pepper; blueberry; cantaloupe; cherry; cranberry; 
cucumber; eggplant; hop, dried cone; hop, spent; nectarine; peach; 
plum; prune, fresh; strawberry; and watermelon; and in 40 CFR 
180.382(c) for residues of triforine in or on asparagus because no 
active U.S. registrations exist which cover those commodities and 
therefore, the tolerances are no longer needed.

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

    It is EPA's general practice to propose revocation of tolerances 
for residues of pesticide active ingredients on crop uses for which 
FIFRA registrations no longer exist. EPA has historically been 
concerned that retention of tolerances that are not necessary to cover 
residues in or on legally treated foods may encourage misuse of 
pesticides within the United States. Nonetheless, EPA will establish 
and 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. However, where there are no 
imported commodities that require these import tolerances, the Agency 
believes it is appropriate to revoke tolerances for unregistered 
pesticides in order to prevent potential misuse.

C. When Do These Actions Become Effective?

    With the exception of certain tolerances for cloprop, ethion, and 
nicotine-containing compounds for which EPA is revoking tolerances/
exemptions with specific expiration/revocation dates, the Agency is 
modifying certain ethion tolerances before they expire and revoking 
tolerances/exemptions, and revising commodity terminologies effective 
on October 21, 2004. EPA is delaying the effectiveness of these 
modifications and revocations for 90 days following publication of this 
final rule to ensure that all affected parties receive notice of EPA's 
actions. For this final rule, tolerances that were revoked because 
registered uses did not exist concerned uses which have been canceled 
for more than a year. Therefore, commodities containing these pesticide 
residues should have cleared the channels of trade. EPA is revoking 
specific tolerances/exemptions with expiration/revocation dates of 
February 1, 2007 for cloprop, October 1, 2008 for ethion, and December 
4, 2005 for nicotine-containing compounds.

[[Page 43922]]

    Any commodities listed in the regulatory text of this document that 
are treated with the pesticides subject to this final rule, and that 
are in the channels of trade following the tolerance revocations, shall 
be subject to FFDCA section 408(1)(5), as established by the FQPA. 
Under this section, any residue of these pesticides in or on such food 
shall not render the food adulterated so long as it is shown to the 
satisfaction of FDA that:
    1. The residue is present as the result of an application or use of 
the pesticide at a time and in a manner that was lawful under FIFRA.
    2. The residue does not exceed the level that was authorized at the 
time of the application or use to be present on the food under a 
tolerance or exemption from a tolerance.
Evidence to show that food was lawfully treated may include records 
that verify the dates that the pesticide was applied to such food.

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 14, 2004, EPA has reassessed 
over 6,670 tolerances. In this final rule, EPA is revoking a total of 
58 tolerances and tolerance exemptions, one of which was previously 
counted as reassessed (1 via the chlorpropham TRED). Therefore, 57 
tolerances/exemptions are counted as reassessed toward the August 2006 
review deadline of FFDCA section 408(q), as amended by FQPA in 1996.

III. Are There Any International Trade Issues Raised by this Final 
Action?

    EPA is working to ensure that the U.S. tolerance reassessment 
program under FQPA does not disrupt international trade. EPA considers 
Codex Maximum Residue Levels (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. When possible, EPA seeks 
to harmonize U.S. tolerances with Codex MRLs. EPA may establish a 
tolerance that is different from a Codex MRL; however, FFDCA section 
408(b)(4) requires that EPA explain in a Federal Register document the 
reasons for departing from the Codex level. EPA's effort to harmonize 
with Codex MRLs is summarized in the tolerance reassessment section of 
individual REDs. EPA has developed guidance concerning submissions for 
import tolerance support (June 1, 2000, 65 FR 35069) (FRL-6559-3), 
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 and Regulations,'' 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. Objections and Hearing Requests

    Under section 408(g) of FFDCA, as amended by 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 FFDCA by FQPA, EPA 
will continue to use those procedures, with appropriate adjustments, 
until the necessary modifications can be made. The new section 408(g) 
of 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 FFDCA, as was 
provided in the old sections 408 and 409 of 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-2004-0088 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 September 
21, 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 14th 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 Clerk as described in Unit IV.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-2004-0088, to: Public Information 
and Records Integrity Branch, Information Resources and Services 
Division (7502C), Office of Pesticide

[[Page 43923]]

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 
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 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).

V. Statutory and Executive Order Reviews

    This final rule modifies and revokes specific tolerances 
established under section 408 of FFDCA. 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 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 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, exemptions from tolerances, raising of tolerance levels, 
expansion of exemptions, 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 for tolerance establishments and modifications, and for 
tolerance revocations were published on May 4, 1981 (46 FR 24950) and 
December 17, 1997 (62 FR 66020), respectively, and were provided to the 
Chief Counsel for Advocacy of the Small Business Administration. Taking 
into account this analysis, and available information concerning the 
pesticides listed in this rule, I certify that this action will not 
have a significant economic impact on a substantial number of small 
entities. Specifically, as per the 1997 notice, EPA has reviewed its 
available data on imports and foreign pesticide usage and concludes 
that there is a reasonable international supply of food not treated 
with canceled pesticides. Furthermore, for the pesticides named in this 
final rule, the Agency knows of no extraordinary circumstances that 
exist as to the present revocations that would change EPA's previous 
analysis. 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 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.

VI. 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).


[[Page 43924]]



List of Subjects in 40 CFR Part 180

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


    Dated: July 8, 2004.
James Jones,
Director, 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.


0
2. Section 180.167 is amended by revising the table in paragraph (a) to 
read as follows:


Sec.  180.167  Nicotine-containing compounds; tolerances for residues.

    (a) * * *

------------------------------------------------------------------------
                                                             Expiration/
                   Commodity                     Parts per    Revocation
                                                  million        Date
------------------------------------------------------------------------
Cucumber......................................          2.0      12/4/05
Lettuce.......................................          2.0      12/4/05
Tomato........................................          2.0      12/4/05
------------------------------------------------------------------------

* * * * *

0
3. Section 180.173 is amended by revising the table in paragraph (a) to 
read as follows:


Sec.  180.173  Ethion; tolerances for residues.

    (a) * * *

------------------------------------------------------------------------
                                                             Expiration/
                   Commodity                     Parts per    Revocation
                                                  million        Date
------------------------------------------------------------------------
Cattle, fat...................................          0.2      10/1/08
Cattle, meat (fat basis)......................          0.2      10/1/08
Cattle, meat byproducts.......................          0.2      10/1/08
Citrus, dried pulp............................         25.0      10/1/08
Fruit, citrus, group 10.......................          5.0      10/1/08
Goat, fat.....................................          0.2      10/1/08
Goat, meat....................................          0.2      10/1/08
Goat, meat byproducts.........................          0.2      10/1/08
Hog, fat......................................          0.2      10/1/08
Hog, meat.....................................          0.2      10/1/08
Hog, meat byproducts..........................          0.2      10/1/08
Horse, fat....................................          0.2      10/1/08
Horse, meat...................................          0.2      10/1/08
Horse, meat byproducts........................          0.2      10/1/08
Milk, fat, reflecting negligible residues in            0.5      10/1/08
 milk.........................................
Sheep, fat....................................          0.2      10/1/08
Sheep, meat...................................          0.2      10/1/08
Sheep, meat byproducts........................          0.2      10/1/08
------------------------------------------------------------------------

* * * * *


Sec.  180.179  [Removed]

0
4. Section 180.179 is removed.

0
5. Section 180.276 is amended by revising paragraph (a) to read as 
follows:


Sec.  180.276  Formetanate hydrochloride; tolerances for residues.

    (a) General. Tolerances are established for residues of the 
insecticide formetanate hydrochloride (m- [ [ (dimethylamino) methylene 
] amino ] phenyl methylcarbamate hydrochloride) in or on raw 
agricultural commodities as follows:

------------------------------------------------------------------------
                   Commodity                        Parts per million
------------------------------------------------------------------------
Apple..........................................                      3.0
Grapefruit.....................................                      4.0
Lemon..........................................                      4.0
Lime...........................................                      4.0
Nectarine......................................                      4.0
Orange, sweet..................................                      4.0
Peach..........................................                      5.0
Pear...........................................                      3.0
Tangerine......................................                      4.0
------------------------------------------------------------------------

* * * * *


Sec.  180.307  [Removed]

0
6. Section 180.307 is removed.


Sec.  180.319  [Amended]

0
7. Section 180.319 is amended by removing from the table the first 
entry for Isopropyl m-chlorocarbanilate (CIPC) which is the entry for 
``spinach.''

0
8. Section 180.325 is revised to read as follows:


Sec.  180.325  2-(m-Chlorophenoxy) propionic acid; tolerances for 
residues.

    (a) General. A tolerance is established for negligible residues of 
the plant regulator 2-(m-chlorophenoxy) propionic acid from application 
of the acid or of 2-(m-chlorophenoxy)propionamide in or on the 
following raw agricultural commodity:

------------------------------------------------------------------------
                                                             Expiration/
                   Commodity                     Parts per    Revocation
                                                  million        Date
------------------------------------------------------------------------
Pineapple.....................................          0.3       2/1/07
------------------------------------------------------------------------

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

0
9. Section 180.341 is amended by revising paragraph (a) to read as 
follows:


Sec.  180.341  2,4-Dinitro-6-octylphenyl crotonate and 2,6-dinitro-4-
octylphenyl crotonate; tolerances for residues.

    (a) General. Tolerances are established for combined negligible 
residues of a fungicide and insecticide that is a mixture of 2,4-
dinitro-6-octylphenyl crotonate and 2,6-dinitro-4-octylphenyl crotonate 
in or on raw agricultural commodities as follows:

------------------------------------------------------------------------
                   Commodity                        Parts per million
------------------------------------------------------------------------
Apple\1\.......................................                      0.1
Grape\1\.......................................                      0.1
------------------------------------------------------------------------
 \1\There are no U.S. registrations on apple and grape as of October 24,
  2002.

* * * * *


Sec.  180.344, 180.382, 180.424, 180.1012, 180.1051, and 
180.1078  [Removed]

0
10. Sections 180.344, 180.382, 180.424, 180.1012, 180.1051, and 
180.1078 are removed.

[FR Doc. 04-16718 Filed 7-22-04; 8:45 am]
BILLING CODE 6560-50-S