[Federal Register Volume 70, Number 95 (Wednesday, May 18, 2005)]
[Proposed Rules]
[Pages 28497-28503]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-9776]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[OPP-2005-0081; FRL-7713-8]


Aminopyridine, Ammonia, Chloropicrin, Diazinon, Dihydro-5-heptyl-
2(3H)-furanone, Dihydro-5-pentyl-2(3H)-furanone, and Vinclozolin; 
Proposed Tolerance Actions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: This document proposes to revoke specific tolerances and 
tolerance exemptions for residues of the bird repellent 4-
aminopyridine, fungicides ammonia and vinclozolin, and insecticides 
chloropicrin, diazinon, dihydro-5-heptyl-2(3H)-furanone, and dihydro-5-
pentyl-2(3H)-furanone. EPA canceled food use registrations or deleted 
food uses from registrations following requests for voluntary 
cancellation or use deletion by the registrants, or non-payment of 
registration maintenance fees. EPA expects to determine whether any 
individuals or groups want to support these tolerances. The regulatory 
actions proposed in this document contribute toward the Agency's 
tolerance reassessment requirements under 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 that were in existence on August 2, 1996. 
The regulatory actions proposed in this document pertain to the 
proposed revocation of 39 tolerances and tolerance exemptions of which 
33 would be counted as tolerance reassessments toward the August 2006 
review deadline.

DATES: Comments must be received on or before July 18, 2005.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number OPP-2005-0081, 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-2005-0081.
     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-2005-0081.
     Hand Delivery: Public Information and Records Integrity 
Branch (PIRIB), Office of Pesticide Programs (OPP), Environmental 
Protection Agency, Rm. 119, Crystal Mall 2, 1801 S. Bell St., 
Arlington, VA, Attention: Docket ID Number OPP-2005-0081. 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-2005-
0081. 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

[[Page 28498]]

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, 1801 S. Bell St., 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 IIA. 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/.

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 ID 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.

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

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

II. Background

A. What Action is the Agency Taking?

    EPA is proposing to revoke certain specific tolerances and 
tolerance exemptions for residues of the bird repellent 4-
aminopyridine, fungicides ammonia and vinclozolin, and insecticides 
chloropicrin, diazinon, dihydro-5-heptyl-2(3H)-furanone, and dihydro-5-
pentyl-2(3H)-furanone because these specific tolerances and tolerance 
exemptions correspond to uses which are no longer current or registered 
under FIFRA in the United States. It is EPA's general practice to 
propose revocation of those tolerances for residues of pesticide active 
ingredients on crop uses for which there are no active registrations 
under FIFRA, unless any person in comments on the

[[Page 28499]]

proposal indicates a need for the tolerance to cover residues in or on 
imported commodities or domestic commodities legally treated.
    1. 4-Aminopyridine. In the Federal Register notice of October 27, 
2004 (69 FR 62666) (FRL-7683-7), EPA announced registration 
cancellations, including certain 4-aminopyridine (avitrol) 
registrations, for non-payment of year 2004 registration maintenance 
fees. The cancellation orders permitted registrants to sell and 
distribute existing stocks of the canceled products until January 15, 
2005, 1 year after the date on which the fee was due. Earlier, on 
December 17, 2003, the registrant had submitted a written request for 
voluntary cancellation of the food uses of 4-aminopyridine. The Agency 
believes that end users will have sufficient time to exhaust existing 
stocks and for treated commodities to have cleared the channels of 
trade by January 15, 2006. Therefore, EPA is proposing to revoke the 
tolerances in 40 CFR 180.312 for residues of the bird repellent 4-
aminopyridine in or on corn, forage; corn, field, grain; corn, pop, 
grain; corn, stover; corn, sweet, kernels plus cob with husks removed; 
and sunflower, seed with an expiration/revocation date of January 15, 
2006.
    Also, EPA is proposing to revise the commodity terminology in 40 
CFR 180.312 to conform to current Agency practice as follows: ``corn, 
forage'' to ``corn, field, forage'' and ``corn, sweet, forage;'' 
``corn, stover'' to ``corn, field, stover;'' ``corn, pop, stover;'' and 
``corn, sweet, stover;'' and ``corn, sweet, kernels plus cob with husks 
removed'' to ``corn, sweet, kernel plus cob with husks removed.'' In 
addition, in 40 CFR 180.312, EPA is proposing to remove the ``(N)'' 
designation from all entries to conform to current Agency 
administrative practice (``(N)'' designation means negligible 
residues).
    2. Ammonia. Because there have been no active registered uses of 
ammonia on food since 1987, the associated tolerance exemptions are no 
longer needed. Therefore, EPA is proposing to revoke the tolerance 
exemptions in 40 CFR 180.1003 for residues of the fungicide ammonia 
when used after harvest on grapefruit, lemons, oranges, and corn grain 
for feed use only.
    3. Chloropicrin. Because there have been no active registrations of 
chloropicrin concerning post-harvest uses on grain since 1991, the 
associated tolerance exemptions are no longer needed. Also, the Agency 
believes that chloropicrin is not found in the formulation of other 
fumigant pesticides with active registrations for post-harvest use on 
grains. In addition, the Agency believes that it is unlikely that 
detectable residues of chloropicrin will be found in or on any raw 
agricultural commodity in formulations where it is used as a warning 
agent (2% or less) due to its volatility.
    Therefore, EPA is proposing to revoke the tolerance exemptions in 
40 CFR 180.1008 for residues of chloropicrin when used as a fumigant 
after harvest on barley, buckwheat, corn (including popcorn), oats, 
rice, rye, grain sorghum, and wheat.
    4. Diazinon. In the Federal Register notice of May 30, 2001 (66 FR 
29310) (FRL-6785-2), EPA announced the receipt of requests to 
voluntarily cancel and amend certain diazinon registrations. The Agency 
published the cancellation order in the Federal Register of July 19, 
2001 (66 FR 37673)(FRL-6791-9) and made the registration cancellations 
and amendments effective on July 19, 2001, and registrant sale and 
distribution of existing stocks was permitted for 1 year; i.e., until 
July 19, 2002.
    Also, in the Federal Register notice of September 13, 2001 (66 FR 
47658) (FRL-6800-6), EPA announced the receipt of requests to 
voluntarily cancel and amend certain diazinon registrations. The Agency 
published the cancellation order in the Federal Register of November 
15, 2001 (66 FR 57440)(FRL-6809-5) and made the registration 
cancellations and amendments effective on November 15, 2001, and 
registrant sale and distribution of existing stocks was permitted for 
one year; i.e., until November 15, 2002.
    EPA believes that end users have had sufficient time, more than 2 
years, to exhaust those existing stocks and for treated commodities to 
have cleared the channels of trade. Therefore, the Agency is proposing 
to revoke the tolerances in 40 CFR 180.153 for residues of the 
insecticide diazinon in or on alfalfa, fresh; alfalfa, hay; guar, seed; 
clover, forage; clover, hay; cotton, undelinted seed; cowpea; cowpea, 
forage; lespedeza; sorghum, forage; and sorghum, grain; and all 
revocations to be effective on the date of publication of the final 
rule in the Federal Register.
    Further, EPA is proposing to revise commodity terminology in 40 CFR 
180.153 to conform to current Agency practice as follows: ``Banana (NMT 
0.1 ppm shall be present in the pulp after peel is removed)'' to 
``banana;'' ``corn, forage'' to ``corn, field, forage'' and ``corn, 
sweet, forage;'' ``corn, kernel plus cob with husks'' to ``corn, sweet, 
kernel plus cob with husks removed;'' ``endive (escarole)'' to 
``endive;'' ``ginseng, root'' to ``ginseng, roots;'' ``hop'' to ``hop, 
dried cones;'' ``onion'' to ``onion, dry bulb'' and ``onion, green;'' 
``peavine hay'' to ``pea, field, hay;'' ``peavines'' to ``pea, field, 
vines;'' ``pea with pods (determined on pea after removing any shell 
present when marketed)'' to ``pea, succulent;'' and `` rutabagas'' to 
``rutabaga.``
    Additional information can be found in the 2002 diazinon Interim 
Reregistration Eligibility Decision (IRED). A printed copy of the 
diazinon IRED may be obtained from EPA's National Service Center for 
Environmental Publications (EPA/NSCEP), P.O. Box 42419, Cincinnati, OH 
45242-2419, telephone 1-800-490-9198; fax 1-513-489-8695; internet at 
http://www.epa.gov/ncepihom/ and from the National Technical 
Information Service (NTIS), 5285 Port Royal Road, Springfield, VA 
22161, telephone 1-800-553-6847 or 703-605-6000; internet at http://www.ntis.gov/. An electronic copy of the diazinon IRED is available on 
the internet at http://www.epa.gov/pesticides/reregistration/status.htm.
    On March 23, 2005 (70 FR 14618) (FRL-7701-4), EPA published in the 
Federal Register a proposed rule which included a proposal to revoke 
diazinon tolerances in 40 CFR 180.153 on coffee bean and dandelion, 
leaves effective on the date of final rule publication. Because EPA 
expects the final rule follow-up to the March 23, 2005 proposal to be 
published in the Federal Register prior to follow-up publication of a 
final rule action to this document, the Agency does not show either the 
coffee bean or dandelion, leaves tolerances in the codification table 
for diazinon in this document. However, if these two tolerances are not 
revoked prior to final action on this document, then the Agency will 
list them in the codification table for diazinon in that final rule.
    5. Dihydro-5-heptyl-2(3H)-furanone. In the Federal Register notice 
of October 27, 2004 (69 FR 62666), EPA announced registration 
cancellations, including a certain dihydro-5-heptyl-2(3H)-furanone 
registration, for non-payment of year 2004 registration maintenance 
fees. The cancellation orders permitted registrants to sell and 
distribute existing stocks of the canceled products until January 15, 
2005, one year after the date on which the fee was due. The Agency 
believes that end users have had sufficient time to exhaust existing 
stocks and for treated commodities to have cleared the channels of 
trade. Therefore, EPA is proposing to revoke the tolerance exemptions 
in 40 CFR 180.528 for residues of the insecticide dihydro-5-

[[Page 28500]]

heptyl-2(3H)-furanone in or on animal feed and processed food.
    Also, EPA is proposing to revise paragraph (a)(1) in 40 CFR 180.539 
and remove dihydro-5-heptyl-2(3H)-furanone from the tolerance exemption 
expression for d-Limonene.
    6. Dihydro-5-pentyl-2(3H)-furanone. In the Federal Register notice 
of October 27, 2004 (69 FR 62666), EPA announced registration 
cancellations, including a certain dihydro-5-pentyl-2(3H)-furanone 
registration, for non-payment of year 2004 registration maintenance 
fees. The cancellation orders permitted registrants to sell and 
distribute existing stocks of the canceled products until January 15, 
2005, one year after the date on which the fee was due. The Agency 
believes that end users have had sufficient time to exhaust existing 
stocks and for treated commodities to have cleared the channels of 
trade. Therefore, EPA is proposing to revoke the tolerance exemptions 
in 40 CFR 180.529 for residues of the insecticide dihydro-5-pentyl-
2(3H)-furanone in or on animal feed and processed food.
    Also, EPA is proposing to revise paragraph (a)(1) in 40 CFR 180.539 
and remove dihydro-5-pentyl-2(3H)-furanone from the tolerance exemption 
expression for d-Limonene.
    7. Vinclozolin. In the Federal Register notice of August 22, 2001 
(66 FR 44134) (FRL-6795-7), EPA announced use cancellations for certain 
vinclozolin registrations, including uses of the fungicide vinclozolin 
on kiwi, chicory, lettuce, and succulent beans with a last date for 
legal use as January 30, 2004; January 30, 2004; November 30, 2005, and 
November 30, 2005, respectively. The Agency believes that end users 
will have had sufficient time to exhaust existing stocks and for 
treated kiwi and chicory commodities to have cleared the channels of 
trade. Further, pursuant to FFDCA section 408(l)(5), treated lettuce 
and succulent bean commodities that have been legally treated on or 
before November 30, 2005 and whose residues are within the tolerance 
set to expire on that date, will not be considered adulterated, even if 
they have not yet cleared channels of trade. Therefore, EPA is 
proposing to revoke the tolerances in 40 CFR 180.380(a) for the 
combined residues of the fungicide vinclozolin and its metabolites 
containing the 3,5-dichloroaniline moiety in or on Belgian endive, tops 
and kiwifruit on the date of publication of the final rule, and also 
lettuce, head and lettuce, leaf; each with an expiration/revocation 
dates date of November 30, 2005.
    Also, while the tolerance for vinclozolin residues of concern in or 
on bean, succulent currently has an expiration/revocation date of 
September 30, 2005 in 40 CFR 180.380(a), EPA is proposing to extend 
that date until November 30, 2005 in order to be consistent with the 
last date for legal use identified in the Federal Register Notice of 
August 22, 2001 (66 FR 44134).
    Further, EPA is proposing to revise commodity terminology in the 
table in 40 CFR 180.380(a) to conform to current Agency practice as 
follows: ``grape, (wine)'' to `` grape, wine.''
    On March 23, 2005 (70 FR 14618), EPA published in the Federal 
Register a rule which included a proposal to revoke vinclozolin 
tolerances in 40 CFR 180.380 on onion, dry bulb and raspberry effective 
on the date of final rule publication. Because EPA expects the final 
rule follow-up to the March 23, 2005 proposal to be published in the 
Federal Register prior to follow-up publication of a final rule action 
to this document, the Agency does not show either the onion, dry bulb 
or raspberry tolerances in the codification table for vinclozolin in 
this document. However, if these two tolerances are not revoked prior 
to final action on this document, then the Agency will list them in the 
codification table for vinclozolin in that final rule.

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. 346a, 
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. Without a tolerance or exemption, food containing 
pesticide residues is considered to be unsafe and therefore 
``adulterated'' under section 402(a) of the FFDCA, 21 U.S.C. 342(a). 
Such food may not be distributed in interstate commerce (21 U.S.C. 
331(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. 136 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's general practice is to propose revocation of tolerances for 
residues of pesticide active ingredients on crops for which FIFRA 
registrations no longer exist and on which the pesticide may therefore 
no longer be used in the United States. 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.
    Furthermore, as a general matter, the Agency believes that 
retention of import tolerances not needed to cover any imported food 
may result in unnecessary restriction on trade of pesticides and foods. 
Under section 408 of the FFDCA, a tolerance may only be established or 
maintained if EPA determines that the tolerance is safe based on a 
number of factors, including an assessment of the aggregate exposure to 
the pesticide and an assessment of the cumulative effects of such 
pesticide and other substances that have a common mechanism of 
toxicity. In doing so, EPA must consider potential contributions to 
such exposure from all tolerances. If the cumulative risk is such that 
the tolerances in aggregate are not safe, then every one of these 
tolerances is potentially vulnerable to revocation. Furthermore, if 
unneeded tolerances are included in the aggregate and cumulative risk 
assessments, the estimated exposure to the pesticide would be inflated. 
Consequently, it may be more difficult for others to obtain needed 
tolerances or to register needed new uses. To avoid potential trade 
restrictions, the Agency is proposing to revoke tolerances for residues 
on crops uses for which FIFRA registrations no longer exist, unless 
someone expresses a need for such tolerances. Through this proposed 
rule, the Agency is inviting individuals who need these import 
tolerances to identify themselves and the tolerances that are needed to 
cover imported commodities.
    Parties interested in retention of the tolerances should be aware 
that additional data may be needed to support retention. These parties 
should be aware that, under FFDCA section

[[Page 28501]]

408(f), if the Agency determines that additional information is 
reasonably required to support the continuation of a tolerance, EPA may 
require that parties interested in maintaining the tolerances provide 
the necessary information. If the requisite information is not 
submitted, EPA may issue an order revoking the tolerance at issue.

C. When do These Actions Become Effective?

    With the exception of certain tolerances for 4-aminopyridine and 
vinclozolin, for which EPA is proposing specific expiration/revocation 
dates, the Agency is proposing that these tolerance and tolerance 
exemption revocations, tolerance commodity terminology revisions, and 
removal of dihydro-5-heptyl-2(3H)-furanone and dihydro-5-pentyl-2(3H)-
furanone from the tolerance expression in 40 CFR 180.539 for d-limonene 
become effective on the date of publication of the final rule in the 
Federal Register. With the exception of 4-aminopyridine and 
vinclozolin, the Agency believes that existing stocks of pesticide 
products labeled for the uses associated with the tolerance actions 
proposed herein have been exhausted and that treated commodities have 
cleared the channels of trade. EPA is proposing expiration dates of 
January 15, 2006 for specific 4-aminopyridine tolerances and November 
30, 2005 for tolerances of vinclozolin residues of concern on bean, 
succulent; lettuce, head; and lettuce, leaf. The Agency believes that 
these revocation dates allow users to exhaust stocks and allow 
sufficient time for passage of treated commodities through the channels 
of trade. However, if EPA is presented with other information and that 
information is verified, the Agency will consider extending the 
expiration date of the tolerance. If you have comments regarding 
existing stocks and whether the effective date allows sufficient time 
for treated commodities to clear the channels of trade, please submit 
comments as described under SUPPLEMENTARY INFORMATION.
    Any commodities listed in this proposal treated with the pesticides 
subject to this proposal, and in the channels of trade following the 
tolerance revocations, shall be subject to FFDCA section 408(1)(5), as 
established by FQPA. Under this section, any residues of these 
pesticides in or on such food shall not render the food adulterated so 
long as it is shown to the satisfaction of the Food and Drug 
Administration 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, and (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 tolerance. Evidence to 
show that food was lawfully treated may include records that verify the 
dates when 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 
that were in existence on August 2, 1996. As of May 6, 2005, EPA has 
reassessed over 7,190 tolerances. This document proposes to revoke a 
total of 39 tolerances of which 33 would be counted in a final rule as 
tolerance reassessments toward the August 2006 review deadline under 
FFDCA section 408(q), as amended by FQPA in 1996. For the purpose of 
tolerance reassessment, the commodity entry ``corn (including 
popcorn)'' in 40 CFR 180.1008 for chloropicrin represents two 
tolerances; i.e., corn (postharvest) and corn, pop, grain 
(postharvest). Therefore, it is counted herein as two proposed 
revocations and the Agency expects in a final rule to count this as two 
tolerance reassessments. In addition, while the corn, field, grain and 
corn, pop, grain tolerances for 4-aminopyridine are counted as two 
proposed revocations, EPA expects in a final rule to count them as one 
tolerance reassessment because the Agency counted them as one tolerance 
at the beginning of FQPA when these were listed in 40 CFR 180.312 as 
one tolerance; i.e., corn, grain. Finally, the vinclozolin tolerances 
were previously reassessed.

III. Are the Proposed Actions Consistent With International 
Obligations?

    The tolerance revocations in this proposal are not discriminatory 
and are designed to ensure that both domestically-produced and imported 
foods meet the food safety standard established by the FFDCA. The same 
food safety standards apply to domestically produced and imported 
foods.
    EPA is working to ensure that the U.S. tolerance reassessment 
program under FQPA does not disrupt international trade. EPA considers 
Codex Maximum Residue Limits (MRLs) in setting U.S. tolerances and in 
reassessing them. MRLs are established by the Codex Committee on 
Pesticide Residues, a committee within the Codex Alimentarius 
Commission, an international organization formed to promote the 
coordination of international food standards. It is EPA's policy to 
harmonize U.S. tolerances with Codex MRLs to the extent possible, 
provided that the MRLs achieve the level of protection required under 
FFDCA. EPA's effort to harmonize with Codex MRLs is summarized in the 
tolerance reassessment section of individual Reregistration Eligibility 
Decision documents. EPA has developed guidance concerning submissions 
for import tolerance support (65 FR 35069, June 1, 2000) (FRL-6559-3). 
This guidance will be made available to interested persons. Electronic 
copies are available on the internet at http://www.epa.gov/. On the 
Home Page select ``Laws, Regulations, and Dockets,'' then select 
``Regulations and Proposed Rules'' and then look up the entry for this 
document under `` Federal Register--Environmental Documents.'' You can 
also go directly to the ``Federal Register'' listings at http://www.epa.gov/fedrgstr/.

IV. Statutory and Executive Order Reviews

    In this proposed rule, EPA is proposing to revoke specific 
tolerances established under FFDCA section 408. The Office of 
Management and Budget (OMB) has exempted this type of action (i.e., 
tolerance revocation for which extraordinary circumstances do not 
exist) from review under Executive Order 12866, entitled Regulatory 
Planning and Review (58 FR 51735, October 4, 1993). Because this 
proposed rule has been exempted from review under Executive Order 12866 
due to its lack of significance, this proposed rule is not subject to 
Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use (66 FR 28355, 
May 22, 2001). This proposed rule does not contain any information 
collections subject to OMB approval under the Paperwork Reduction Act 
(PRA), 44 U.S.C. 3501 et seq., or impose any enforceable duty or 
contain any unfunded mandate as described under Title II of the 
Unfunded Mandates Reform Act of 1995 (UMRA) (Public Law 104-4). Nor 
does it require any special considerations as required by Executive 
Order 12898, entitled Federal Actions to Address Environmental Justice 
in Minority Populations and Low-Income Populations (59 FR 7629, 
February 16, 1994); or OMB review or any other Agency action under 
Executive Order 13045, entitled Protection of Children from 
Environmental Health Risks and Safety Risks (62 FR 19885, April 23, 
1997). This action does not involve any technical standards that would 
require

[[Page 28502]]

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 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. This analysis was published on December 17, 1997 (62 FR 
66020), and was 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, 
the Agency hereby certifies that this proposed 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 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 notapply 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 6, 2005.

James Jones,
Director, Office of Pesticide Programs.
    Therefore, it is proposed that 40 CFR part 180 be amended as 
follows:

PART 180--[AMENDED]

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

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

    2. Section 180.153 is amended by revising the table in paragraph 
(a)(1) to read as follows:


Sec.  180.153  Diazinon; tolerances for residues.

    (a) General. (1) * * *

------------------------------------------------------------------------
                   Commodity                        Parts per million
------------------------------------------------------------------------
Almond.........................................                      0.5
Almond, hulls..................................                      3.0
Apple..........................................                      0.5
Apricot........................................                      0.5
Banana.........................................                      0.2
Bean, lima.....................................                      0.5
Bean, snap, succulent..........................                      0.5
Beet, garden, roots............................                     0.75
Beet, garden, tops.............................                      0.7
Beet, sugar, roots.............................                      0.5
Beet, sugar, tops..............................                     10.0
Blackberry.....................................                      0.5
Blueberry......................................                      0.5
Carrot, roots..................................                     0.75
Cattle, fat....................................                      0.7
Celery.........................................                      0.7
Cherry.........................................                     0.75
Citrus.........................................                      0.7
Corn, field, forage............................                     40.0
Corn, sweet, kernel plus cob with husks removed                      0.7
Corn, sweet, forage............................                     40.0
Cranberry......................................                      0.5
Cucumber.......................................                     0.75
Endive.........................................                      0.7
Fig............................................                      0.5
Filbert........................................                      0.5
Ginseng, roots.................................                     0.75
Grape..........................................                     0.75
Hop, dried cones...............................                     0.75
Kiwifruit......................................                     0.75
Lettuce........................................                      0.7
Loganberry.....................................                     0.75
Melon..........................................                     0.75
Mushroom.......................................                     0.75
Nectarine......................................                      0.5
Olive..........................................                      1.0
Onion, dry bulb................................                     0.75
Onion, green...................................                     0.75
Parsley, leaves................................                     0.75
Parsnip........................................                      0.5
Peach..........................................                      0.7
Pear...........................................                      0.5
Pea, field, hay................................                     10.0
Pea, field, vines..............................                     25.0
Pea, succulent.................................                      0.5
Pepper.........................................                      0.5
Pineapple......................................                      0.5
Plum, prune, fresh.............................                      0.5
Potato.........................................                      0.1
Potato, sweet..................................                      0.1
Radicchio......................................                      0.7
Radish.........................................                      0.5
Raspberry......................................                      0.5
Rutabaga.......................................                     0.75
Sheep, fat.....................................                      0.7
Sheep, meat (fat basis)........................                      0.7
Sheep, meat byproducts (fat basis).............                      0.7
Spinach........................................                      0.7
Squash, summer.................................                      0.5
Squash, winter.................................                     0.75
Strawberry.....................................                      0.5
Swiss chard....................................                      0.7
Tomato.........................................                     0.75
Turnip, roots..................................                      0.5
Turnip, greens.................................                     0.75
Vegetable, brassica, leafy, group 5............                      0.7

[[Page 28503]]

 
Walnut.........................................                      0.5
Watercress.....................................                      0.7
------------------------------------------------------------------------

* * * * *
    3. Section 180.312 is amended by revising paragraph (a) to read as 
follows:


Sec.  180.312   4-Aminopyridine; tolerances for residues.

    (a) General. Tolerances are established for residues of the bird 
repellent 4-aminopyridine in or on the following food commodities:

------------------------------------------------------------------------
                                          Parts per       Expiration/
              Commodity                    million      Revocation Date
------------------------------------------------------------------------
Corn, field, forage..................             0.1            1/15/06
Corn, field, grain...................             0.1            1/15/06
Corn, field, stover..................             0.1            1/15/06
Corn, pop, grain.....................             0.1            1/15/06
Corn, pop, stover....................             0.1            1/15/06
Corn, sweet, forage..................             0.1            1/15/06
Corn, sweet, kernel plus cob with                 0.1            1/15/06
 husks removed.......................
Corn, sweet, stover..................             0.1            1/15/06
Sunflower, seed......................             0.1            1/15/06
------------------------------------------------------------------------

* * * * *
    4. Section 180.380 is amended by revising paragraph (a) to read as 
follows:


Sec.  180.380   Vinclozolin; tolerances for residues.

    (a) General. Tolerances are established for the combined residues 
of the fungicide vinclozolin (3-(3,5-dichlorophenyl)-5-ethenyl-5-
methyl-2,4-oxazolidinedione) and its metabolites containing the 3,5-
dichloroaniline moiety in or on the food commodities in the table 
below. There are no U.S. registrations for grape (wine) as of July 30, 
1997.

------------------------------------------------------------------------
                                          Parts per       Expiration/
              Commodity                    million      Revocation Date
------------------------------------------------------------------------
Bean, succulent......................             2.0           11/30/05
Canola, seed.........................             1.0           11/30/08
Cattle, fat..........................            0.05           11/30/08
Cattle, meat.........................            0.05           11/30/08
Cattle, meat byproducts..............            0.05           11/30/08
Egg..................................            0.05           11/30/08
Goat, fat............................            0.05           11/30/08
Goat, meat...........................            0.05           11/30/08
Goat, meat byproducts................            0.05           11/30/08
Grape, wine..........................             6.0               None
Hog, fat.............................            0.05           11/30/08
Hog, meat............................            0.05           11/30/08
Hog, meat byproducts.................            0.05           11/30/08
Horse, fat...........................            0.05           11/30/08
Horse, meat..........................            0.05           11/30/08
Horse, meat byproducts...............            0.05           11/30/08
Lettuce, head........................            10.0           11/30/05
Lettuce, leaf........................            10.0           11/30/05
Milk.................................            0.05           11/30/08
Poultry, fat.........................             0.1           11/30/08
Poultry, meat........................             0.1           11/30/08
Poultry, meat byproducts.............             0.1           11/30/08
Sheep, fat...........................            0.05           11/30/08
Sheep, meat..........................            0.05           11/30/08
Sheep, meat byproducts...............            0.05           11/30/08
------------------------------------------------------------------------

* * * * *


Sec.  180.528  [Removed]

    5. Section 180.528 is removed.


Sec.  180.529  [Removed]

    6. Section 180.529 is removed.
    7. Section 180.539 is amended by revising paragraph (a)(1) to read 
as follows:


Sec.  180.539   d-Limonene; tolerances for residues.

    (a) General. (1) The insecticide d-limonene may be safely used in 
insect-repellent tablecloths and in insect-repellent strips used in 
food- or feed-handling establishments.
* * * * *


Sec.  180.1003  [Removed]

    8. Section 180.1003 is removed.


Sec.  180.1008  [Removed]

    9. Section 180.1008 is removed.

[FR Doc. 05-9776 Filed 5-17-05; 8:45 a.m.]
BILLING CODE 6560-50-S