Alachlor, Carbaryl, Diazinon, Disulfoton, Pirimiphos-methyl, and Vinclozolin; Tolerance Revocations, 44488-44492 [05-15335]

Download as PDF 44488 Federal Register / Vol. 70, No. 148 / Wednesday, August 3, 2005 / Rules and Regulations responsibilities among the various levels of government.’’ This final rule directly regulates growers, food processors, food handlers and food retailers, not States. This action does not alter the relationships or distribution of power and responsibilities established by Congress in the preemption provisions of section 408(n)(4) of the FFDCA. For these same reasons, the Agency has determined that this rule does not have any ‘‘tribal implications’’ as described in Executive Order 13175, entitled Consultation and Coordination with Indian Tribal Governments (65 FR 67249, November 6, 2000). Executive Order 13175, requires EPA to develop an accountable process to ensure ‘‘meaningful and timely input by tribal officials in the development of regulatory policies that have tribal implications.’’ ‘‘Policies that have tribal implications’’ is defined in the Executive order to include regulations that have ‘‘substantial direct effects on one or more Indian tribes, on the relationship between the Federal Government and the Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes.’’ This rule will not have substantial direct effects on tribal governments, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes, as specified in Executive Order 13175. Thus, Executive Order 13175 does not apply to this rule. X. 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 theFederal Register. This final rule is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). List of Subjects in 40 CFR Part 180 Environmental protection, Administrative practice and procedure, Agricultural commodities, Pesticides and pests, Reporting and recordkeeping requirements. VerDate jul<14>2003 15:20 Aug 02, 2005 Jkt 205001 Dated: July 1, 2005. James Jones, Director, Office of Pesticide Programs. Therefore, 40 CFR chapter I is amended as follows: I PART 180—AMENDED 1. The authority citation for part 180 continues to read as follows: I Authority: 21 U.S.C. 321(q), 346a and 371. 2. Section 180.1258 is added to subpart D to read as follows: I § 180.1258 Acetic acid; exemption from the requirement of a tolerance. An exemption from the requirement of a tolerance is established for residues of the biochemical pesticide acetic acid when used as a preservative on postharvest agricultural commodities intended for animal feed, including alfalfa, barley grain, Bermuda grass, bluegrass, brome grass, clover, corn grain, cowpea hay, fescue, lespedeza, lupines, oat grain, orchard grass, peanut grass, Timothy, vetch, and wheat grain, or commodities described as grain or hay. [FR Doc. 05–15148 Filed 8–2–05; 8:45 am] BILLING CODE 6560–50–S ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 180 [OPP–2005–0183; FRL–7725–6] Alachlor, Carbaryl, Diazinon, Disulfoton, Pirimiphos-methyl, and Vinclozolin; Tolerance Revocations Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: SUMMARY: EPA is revoking certain tolerances for residues of the herbicide alachlor, insecticides carbaryl, diazinon, disulfoton, and pirimiphos-methyl, and the fungicide vinclozolin because these specific tolerances are no longer needed or are associated with food uses that are no longer current or registered in the United States. 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 15 tolerances of which 9 count as tolerance reassessments toward the August, 2006 review deadline. PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 This regulation is effective August 3, 2005. Objections and requests for hearings must be received on or before October 3, 2005. 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 identification (ID) number OPP–2005– 0183. 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: nevola.joseph@epa.gov. DATES: 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 code 111), e.g., agricultural workers; greenhouse, nursery, and floriculture workers; farmers. • Animal production (NAICS code 112), e.g., cattle ranchers and farmers, dairy cattle farmers, livestock farmers. • Food manufacturing (NAICS code 311), e.g., agricultural workers; farmers; greenhouse, nursery, and floriculture workers; ranchers; pesticide applicators. • Pesticide manufacturing (NAICS code 32532), e.g., agricultural workers; commercial applicators; farmers; greenhouse, nursery, and floriculture workers; residential users. E:\FR\FM\03AUR1.SGM 03AUR1 Federal Register / Vol. 70, No. 148 / Wednesday, August 3, 2005 / Rules and Regulations 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 March 23, 2005 (70 FR 14618) (FRL–7701–4), EPA issued a proposed rule to revoke certain tolerances for residues of the herbicide alachlor, insecticides carbaryl, diazinon, disulfoton, and pirimiphos-methyl, and the fungicide vinclozolin. Also, the proposal of March 23, 2005 provided a 60–day comment period which invited public comment for consideration and for support of tolerance retention under the FFDCA standards. In this final rule, EPA is revoking these tolerances because they pertain to commodities which are either no longer considered to be significant livestock feed items or which have restrictions against feeding to livestock, or 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 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. VerDate jul<14>2003 15:20 Aug 02, 2005 Jkt 205001 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. 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 the following conditions applies: 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. In response to the proposal published in the Federal Register of March 23, 2005 (70 FR 14618) (FRL–7701–4), EPA received one comment during the 60– day public comment period, as follows: Comment. A private citizen expressed a general concern about the sale of existing pesticide stocks. Agency response. The private citizen’s comment did not take issue with the Agency’s proposal to revoke certain tolerances which were no longer needed or whose associated food uses were no longer current or registered in the United States. It is EPA’s general practice to revoke tolerances for residues of pesticide active ingredients on crop uses for which FIFRA registrations no longer exist. However, cancellation orders issued by EPA will generally permit a registrant to sell or distribute existing pesticide stocks for 1–year after the date the cancellation request was received by the Agency. This policy is in accordance with the Agency’s statement of policy as prescribed in the Federal Register of June 26, 1991 (56 FR 29362) (FRL– 3846–4). Typically, existing stocks of registered pesticide products in the hands of dealers or users can be distributed, sold, or used legally until they are exhausted, provided that such further sale and use comply with EPAapproved label and labeling of affected product. In the proposal of March 23, 2005 (70 FR 14618), EPA noted that certain registrations had been canceled PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 44489 for several years. The Agency believes that the existing stocks of canceled pesticide products have been exhausted and treated commodities have had sufficient time for passage through the channels of trade. No comments were received by the Agency concerning the following. 1. Alachlor. Active registrations for use of the herbicide alachlor have restrictions against feeding peanut forage; peanut, hay; soybean, forage; and soybean, hay to livestock. Also, peanut forage is no longer considered a significant livestock feed item. On June 22, 1994, EPA canceled the two registrations which had lacked the restriction. These cancellations had followed publication of a notice in the Federal Register of March 17, 1994 (59 FR 12599) (FRL–4764–1), which announced EPA’s receipt of requests to voluntarily cancel certain registrations. The restrictions against the feeding of alachlor treated peanut forage and hay for all alachlor products have been on labels since 1993. The tolerances for peanut forage, peanut hay, soybean forage, and soybean hay were recommended by the Agency for revocation in the 1998 Alachlor Reregistration Eligibility Decision (RED). A printed copy of the Alachlor RED 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 Alachlor RED is available on the internet at http:// www.epa.gov/pesticides/reregistration/ status.htm. Therefore, because there is no longer a need for them, EPA is revoking the tolerances in 40 CFR 180.249 for the combined residues of the herbicide alachlor and its metabolites (calculated as alachlor) in or on peanut, forage; peanut, hay; soybean, forage; and soybean, hay. 2. Carbaryl. Because flax straw is no longer a regulated feed item (no longer considered a raw agricultural commodity (RAC) of flax), the tolerance is no longer needed. Therefore, EPA is revoking the tolerance in 40 CFR 180.169(a)(1) for residues of the insecticide carbaryl, including its hydrolysis product 1-naphthol, calculated as 1-naphthyl Nmethylcarbamate, in or on flax, straw. Because bean forage and bean hay are no longer considered significant E:\FR\FM\03AUR1.SGM 03AUR1 44490 Federal Register / Vol. 70, No. 148 / Wednesday, August 3, 2005 / Rules and Regulations livestock feed items, the tolerances are no longer needed. Therefore, EPA is revoking the tolerances in 40 CFR 180.169(a)(1) for residues of the insecticide carbaryl, including its hydrolysis product 1-naphthol, calculated as 1-naphthyl Nmethylcarbamate, in or on bean, forage and bean, hay. Because pineapple bran is no longer a regulated feed item (no longer considered a RAC of pineapple), the tolerance is no longer needed. Therefore, EPA is revoking the tolerance in 40 CFR 180.169(a)(4) for residues of the insecticide carbaryl in or on pineapple bran. 3. Diazinon. There have been no registered uses of diazinon on coffee beans and dandelions since 1995 and 1991, respectively. Therefore, EPA is revoking the tolerances in 40 CFR 180.153(a)(1) for residues of the insecticide diazinon (O,O-diethyl O-[6methyl-2-(1-methylethyl)-4pyrimidinyl]phosphorothioate) in or on coffee bean and dandelion, leaves. 4. Disulfoton. There have been no registered uses of disulfoton on hops since 1991. Therefore, EPA is revoking the tolerance in 40 CFR 180.183(a) for the combined residues of the insecticide O,O-diethyl S-[2(ethylthio)ethyl]phosphorodithioate and its cholinesterase-inhibiting metabolites, calculated as demeton, in or on hop, dried cones. 5. Pirimiphos-methyl. There have been no registered uses of pirimiphosmethyl on kiwifruits for at least 10– years. Therefore, EPA is revoking the tolerance in 40 CFR 180.409(a)(1) for the combined residues of the insecticide pirimiphos-methyl, O-(2-diethylamino6-methyl-4-pyrimidinyl) O,O-dimethyl phosphorothioate, the metabolite O-(2ethylamino-6-methyl-pyrimidin-4-yl) O,O-dimethyl phosphorothioate and, in free and conjugated form, the metabolites 2-diethylamino-6-methylpyrimidin-4-ol, 2-ethylamino-6- methylpyrimidin-4-ol, and 2-amino-6-methylpyrimidin-4-ol in or on kiwifruit. In 2001, EPA published an Interim Reregistration Eligibility Decision (IRED) for pirimiphos-methyl and made a determination that pirimiphos-methyl residues of concern do not concentrate in wheat flour. Because the tolerance is no longer needed, EPA is revoking the tolerance in 40 CFR 180.409(a)(2) for residues of the insecticide pirimiphosmethyl and its metabolite O-(2ethylamino-6-methyl-pyrimidin-4-yl) O,O-dimethyl phosphorothioate and, in free and conjugated form, the metabolites 2-diethylamino-6-methylpyrimidin-4-ol, 2-ethylamino-6-methylpyrimidin-4-ol, and 2-amino-6-methyl- VerDate jul<14>2003 15:20 Aug 02, 2005 Jkt 205001 pyrimidin-4-ol in or on wheat flour as a result of application to stored wheat grain. A printed copy of the pirimiphosmethyl 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 pirimiphosmethyl IRED is available on the internet at http://www.epa.gov/pesticides/ reregistration/status.htm. 6. 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 onions and raspberries with a last date for legal use as December 15, 2001. EPA believes that there has been sufficient time for treated commodities to have cleared the channels of trade. Therefore, EPA is revoking the tolerances in 40 CFR 180.380(a) for the combined residues of the fungicide vinclozolin and its metabolites containing the 3,5dichloroaniline moiety in or on onion, dry bulb and raspberry. B. What is the Agency’s Authority for Taking this Action? EPA’s general practice is to revoke 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. PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 C. When Do These Actions Become Effective? The actions in this final rule become effective on the date of publication of this final rule in the Federal Register because the specific tolerances revoked herein are no longer needed or are associated with food uses that have been canceled for several years. The Agency believes that treated commodities have had sufficient time for passage through the channels of trade. 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 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 (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, 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 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 June 29, 2005, EPA has reassessed over 7,330 tolerances. This document revokes a total of 15 tolerances of which 9 are counted as tolerance reassessments toward the August, 2006 review deadline of FFDCA section 408(q), as amended by FQPA in 1996. Alachlor and vinclozolin tolerances revoked herein were previously reassessed. 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 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. When E:\FR\FM\03AUR1.SGM 03AUR1 Federal Register / Vol. 70, No. 148 / Wednesday, August 3, 2005 / Rules and Regulations 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 in the Federal Register of June 1, 2000 (65 FR 35069) (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 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–2005–0183 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 October 3, 2005. 1. Filing the request. Your objection must specify the specific provisions in VerDate jul<14>2003 15:20 Aug 02, 2005 Jkt 205001 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. Copies for the Docket. In addition to filing an objection or hearing request with the Hearing Clerk as described in Unit IV.A.1., 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–2005–0183, to: Public Information and Records Integrity Branch, Information Resources and Services Division (7502C), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460–0001. In person or by courier, bring a copy to the location of the PIRIB described in ADDRESSES. You may also send an electronic copy of your request via email to: opp-docket@epa.gov. 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 PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 44491 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 In this final rule, EPA is revoking specific tolerances established under section 408 of FFDCA. The Office of Management and Budget (OMB) has exempted this type of action (i.e., a 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 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 E:\FR\FM\03AUR1.SGM 03AUR1 44492 Federal Register / Vol. 70, No. 148 / Wednesday, August 3, 2005 / Rules and Regulations 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 final rule 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 VerDate jul<14>2003 15:20 Aug 02, 2005 Jkt 205001 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). 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 25, 2005. James Jones, Director, Office of Pesticide Programs. Therefore, 40 CFR chapter I is amended as follows: I PART 180—[AMENDED] 1. The authority citation for part 180 continues to read as follows: I Authority: 21 U.S.C. 321(q), 346a and 371. § 180.153 [Amended] 2. In § 180.153 is amended by removing the entries for coffee bean and dandelion, leaves from the table under paragraph (a)(1). I § 180.169 [Amended] 3. In § 180.169 is amended by removing the entries for bean, forage; bean, hay; and flax, straw from the table under paragraph (a)(1) and the entry for I PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 pineapple bran from the table under paragraph (a)(4). § 180.183 [Amended] 4. In § 180.183 is amended by removing the entry for hop, dried cones from the table under paragraph (a). I § 180.249 [Amended] 5. In § 180.249 is amended by removing the entries for peanut, forage; peanut, hay; soybean, forage; and soybean, hay from the table under the paragraph. I § 180.380 [Amended] 6. In § 180.380 is amended by removing the entries for onion, dry bulb and raspberry from the table under paragraph (a). I § 180.409 [Amended] 7. In § 180.409 is amended by removing the entry for kiwifruit from the table under paragraph (a)(1), removing paragraph (a)(2) and redesignating paragraph (a)(1) as (a). I [FR Doc. 05–15335 Filed 8–2–05; 8:45 am] BILLING CODE 6560–50–S ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 180 [OPP–2005–0068; FRL–7728–5] Inert ingredients; Revocation of Pesticide Tolerance Exemptions for Three CFC Chemicals Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: SUMMARY: EPA is revoking exemptions from the requirement of a tolerance for three inert ingredients (dichlorodifluoromethane, dichlorotetrafluoroethane, and trichlorofluoromethane) because these substances no longer have active Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) pesticide product registrations and/or because their use in pesticide products sold in the United States (U.S.) has been prohibited under the Clean Air Act (CAA) for over a decade due to EPA’s ban on the sale or distribution, or offer for sale or distribution in interstate commerce of certain nonessential products that contain or are manufactured with ozone depleting compounds. 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 E:\FR\FM\03AUR1.SGM 03AUR1

Agencies

[Federal Register Volume 70, Number 148 (Wednesday, August 3, 2005)]
[Rules and Regulations]
[Pages 44488-44492]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-15335]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[OPP-2005-0183; FRL-7725-6]


Alachlor, Carbaryl, Diazinon, Disulfoton, Pirimiphos-methyl, and 
Vinclozolin; Tolerance Revocations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is revoking certain tolerances for residues of the 
herbicide alachlor, insecticides carbaryl, diazinon, disulfoton, and 
pirimiphos-methyl, and the fungicide vinclozolin because these specific 
tolerances are no longer needed or are associated with food uses that 
are no longer current or registered in the United States. 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 15 
tolerances of which 9 count as tolerance reassessments toward the 
August, 2006 review deadline.

DATES: This regulation is effective August 3, 2005. Objections and 
requests for hearings must be received on or before October 3, 2005.

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 
identification (ID) number OPP-2005-0183. 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: nevola.joseph@epa.gov.

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 code 111), e.g., agricultural 
workers; greenhouse, nursery, and floriculture workers; farmers.
     Animal production (NAICS code 112), e.g., cattle ranchers 
and farmers, dairy cattle farmers, livestock farmers.
     Food manufacturing (NAICS code 311), e.g., agricultural 
workers; farmers; greenhouse, nursery, and floriculture workers; 
ranchers; pesticide applicators.
     Pesticide manufacturing (NAICS code 32532), e.g., 
agricultural workers; commercial applicators; farmers; greenhouse, 
nursery, and floriculture workers; residential users.

[[Page 44489]]

    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 March 23, 2005 (70 FR 14618) (FRL-7701-
4), EPA issued a proposed rule to revoke certain tolerances for 
residues of the herbicide alachlor, insecticides carbaryl, diazinon, 
disulfoton, and pirimiphos-methyl, and the fungicide vinclozolin. Also, 
the proposal of March 23, 2005 provided a 60-day comment period which 
invited public comment for consideration and for support of tolerance 
retention under the FFDCA standards. In this final rule, EPA is 
revoking these tolerances because they pertain to commodities which are 
either no longer considered to be significant livestock feed items or 
which have restrictions against feeding to livestock, or 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 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.
    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. 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 the following 
conditions applies:
    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.
    In response to the proposal published in the Federal Register of 
March 23, 2005 (70 FR 14618) (FRL-7701-4), EPA received one comment 
during the 60-day public comment period, as follows:
    Comment. A private citizen expressed a general concern about the 
sale of existing pesticide stocks.
    Agency response. The private citizen's comment did not take issue 
with the Agency's proposal to revoke certain tolerances which were no 
longer needed or whose associated food uses were no longer current or 
registered in the United States. It is EPA's general practice to revoke 
tolerances for residues of pesticide active ingredients on crop uses 
for which FIFRA registrations no longer exist. However, cancellation 
orders issued by EPA will generally permit a registrant to sell or 
distribute existing pesticide stocks for 1-year after the date the 
cancellation request was received by the Agency. This policy is in 
accordance with the Agency's statement of policy as prescribed in the 
Federal Register of June 26, 1991 (56 FR 29362) (FRL-3846-4). 
Typically, existing stocks of registered pesticide products in the 
hands of dealers or users can be distributed, sold, or used legally 
until they are exhausted, provided that such further sale and use 
comply with EPA-approved label and labeling of affected product. In the 
proposal of March 23, 2005 (70 FR 14618), EPA noted that certain 
registrations had been canceled for several years. The Agency believes 
that the existing stocks of canceled pesticide products have been 
exhausted and treated commodities have had sufficient time for passage 
through the channels of trade.
    No comments were received by the Agency concerning the following.
    1. Alachlor. Active registrations for use of the herbicide alachlor 
have restrictions against feeding peanut forage; peanut, hay; soybean, 
forage; and soybean, hay to livestock. Also, peanut forage is no longer 
considered a significant livestock feed item. On June 22, 1994, EPA 
canceled the two registrations which had lacked the restriction. These 
cancellations had followed publication of a notice in the Federal 
Register of March 17, 1994 (59 FR 12599) (FRL-4764-1), which announced 
EPA's receipt of requests to voluntarily cancel certain registrations. 
The restrictions against the feeding of alachlor treated peanut forage 
and hay for all alachlor products have been on labels since 1993.
    The tolerances for peanut forage, peanut hay, soybean forage, and 
soybean hay were recommended by the Agency for revocation in the 1998 
Alachlor Reregistration Eligibility Decision (RED). A printed copy of 
the Alachlor RED 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 Alachlor RED is available on 
the internet at http://www.epa.gov/pesticides/reregistration/
status.htm. Therefore, because there is no longer a need for them, EPA 
is revoking the tolerances in 40 CFR 180.249 for the combined residues 
of the herbicide alachlor and its metabolites (calculated as alachlor) 
in or on peanut, forage; peanut, hay; soybean, forage; and soybean, 
hay.
    2. Carbaryl. Because flax straw is no longer a regulated feed item 
(no longer considered a raw agricultural commodity (RAC) of flax), the 
tolerance is no longer needed. Therefore, EPA is revoking the tolerance 
in 40 CFR 180.169(a)(1) for residues of the insecticide carbaryl, 
including its hydrolysis product 1-naphthol, calculated as 1-naphthyl 
N-methylcarbamate, in or on flax, straw.
    Because bean forage and bean hay are no longer considered 
significant

[[Page 44490]]

livestock feed items, the tolerances are no longer needed. Therefore, 
EPA is revoking the tolerances in 40 CFR 180.169(a)(1) for residues of 
the insecticide carbaryl, including its hydrolysis product 1-naphthol, 
calculated as 1-naphthyl N-methylcarbamate, in or on bean, forage and 
bean, hay.
    Because pineapple bran is no longer a regulated feed item (no 
longer considered a RAC of pineapple), the tolerance is no longer 
needed. Therefore, EPA is revoking the tolerance in 40 CFR 
180.169(a)(4) for residues of the insecticide carbaryl in or on 
pineapple bran.
    3. Diazinon. There have been no registered uses of diazinon on 
coffee beans and dandelions since 1995 and 1991, respectively. 
Therefore, EPA is revoking the tolerances in 40 CFR 180.153(a)(1) for 
residues of the insecticide diazinon (O,O-diethyl O-[6-methyl-2-(1-
methylethyl)-4-pyrimidinyl]phosphorothioate) in or on coffee bean and 
dandelion, leaves.
    4. Disulfoton. There have been no registered uses of disulfoton on 
hops since 1991. Therefore, EPA is revoking the tolerance in 40 CFR 
180.183(a) for the combined residues of the insecticide O,O-diethyl S-
[2-(ethylthio)ethyl]phosphorodithioate and its cholinesterase-
inhibiting metabolites, calculated as demeton, in or on hop, dried 
cones.
    5. Pirimiphos-methyl. There have been no registered uses of 
pirimiphos-methyl on kiwifruits for at least 10-years. Therefore, EPA 
is revoking the tolerance in 40 CFR 180.409(a)(1) for the combined 
residues of the insecticide pirimiphos-methyl, O-(2-diethylamino-6-
methyl-4-pyrimidinyl) O,O-dimethyl phosphorothioate, the metabolite O-
(2-ethylamino-6-methyl-pyrimidin-4-yl) O,O-dimethyl phosphorothioate 
and, in free and conjugated form, the metabolites 2-diethylamino-6-
methyl-pyrimidin-4-ol, 2-ethylamino-6- methyl-pyrimidin-4-ol, and 2-
amino-6-methyl-pyrimidin-4-ol in or on kiwifruit.
    In 2001, EPA published an Interim Reregistration Eligibility 
Decision (IRED) for pirimiphos-methyl and made a determination that 
pirimiphos-methyl residues of concern do not concentrate in wheat 
flour. Because the tolerance is no longer needed, EPA is revoking the 
tolerance in 40 CFR 180.409(a)(2) for residues of the insecticide 
pirimiphos- methyl and its metabolite O-(2-ethylamino-6-methyl-
pyrimidin-4-yl) O,O-dimethyl phosphorothioate and, in free and 
conjugated form, the metabolites 2-diethylamino-6-methyl-pyrimidin-4-
ol, 2-ethylamino-6-methyl-pyrimidin-4-ol, and 2-amino-6-methyl-
pyrimidin-4-ol in or on wheat flour as a result of application to 
stored wheat grain.
    A printed copy of the pirimiphos-methyl 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 pirimiphos-
methyl IRED is available on the internet at http://www.epa.gov/
pesticides/reregistration/status.htm.
    6. 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 onions and raspberries with a last date for legal use as December 
15, 2001. EPA believes that there has been sufficient time for treated 
commodities to have cleared the channels of trade. Therefore, EPA is 
revoking 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 onion, dry bulb and raspberry.

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

    EPA's general practice is to revoke 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.

C. When Do These Actions Become Effective?

    The actions in this final rule become effective on the date of 
publication of this final rule in the Federal Register because the 
specific tolerances revoked herein are no longer needed or are 
associated with food uses that have been canceled for several years. 
The Agency believes that treated commodities have had sufficient time 
for passage through the channels of trade.
    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 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 (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, 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 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 June 29, 2005, EPA has reassessed 
over 7,330 tolerances. This document revokes a total of 15 tolerances 
of which 9 are counted as tolerance reassessments toward the August, 
2006 review deadline of FFDCA section 408(q), as amended by FQPA in 
1996. Alachlor and vinclozolin tolerances revoked herein were 
previously reassessed.

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 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. When

[[Page 44491]]

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 in the Federal 
Register of June 1, 2000 (65 FR 35069) (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 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-2005-0183 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 October 
3, 2005.
    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. Copies for the Docket. In addition to filing an objection or 
hearing request with the Hearing Clerk as described in Unit IV.A.1., 
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-2005-0183, to: Public 
Information and Records Integrity Branch, Information Resources and 
Services Division (7502C), Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001. In person or by courier, bring a copy to the location of the 
PIRIB described in ADDRESSES. You may also send an electronic copy of 
your request via e-mail to: opp-docket@epa.gov. 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

    In this final rule, EPA is revoking specific tolerances established 
under section 408 of FFDCA. The Office of Management and Budget (OMB) 
has exempted this type of action (i.e., a 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 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

[[Page 44492]]

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 final rule 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).

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 25, 2005.
James Jones,
Director, Office of Pesticide Programs.

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Therefore, 40 CFR chapter I is amended as follows:

PART 180--[AMENDED]

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

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


Sec.  180.153  [Amended]

0
2. In Sec.  180.153 is amended by removing the entries for coffee bean 
and dandelion, leaves from the table under paragraph (a)(1).


Sec.  180.169  [Amended]

0
3. In Sec.  180.169 is amended by removing the entries for bean, 
forage; bean, hay; and flax, straw from the table under paragraph 
(a)(1) and the entry for pineapple bran from the table under paragraph 
(a)(4).


Sec.  180.183  [Amended]

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4. In Sec.  180.183 is amended by removing the entry for hop, dried 
cones from the table under paragraph (a).


Sec.  180.249  [Amended]

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5. In Sec.  180.249 is amended by removing the entries for peanut, 
forage; peanut, hay; soybean, forage; and soybean, hay from the table 
under the paragraph.


Sec.  180.380  [Amended]

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6. In Sec.  180.380 is amended by removing the entries for onion, dry 
bulb and raspberry from the table under paragraph (a).


Sec.  180.409  [Amended]

0
7. In Sec.  180.409 is amended by removing the entry for kiwifruit from 
the table under paragraph (a)(1), removing paragraph (a)(2) and 
redesignating paragraph (a)(1) as (a).
[FR Doc. 05-15335 Filed 8-2-05; 8:45 am]
BILLING CODE 6560-50-S