Methamidophos, Oxydemeton-methyl, Profenofos, and Trichlorfon; Tolerance Actions, 54574-54579 [E7-18869]
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Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Rules and Regulations
of section 408(n)(4) of FFDCA. As such,
the Agency has determined that this
action will not have a substantial direct
effect on States or tribal governments,
on the relationship between the national
government and the States or tribal
governments, or on the distribution of
power and responsibilities among the
various levels of government or between
the Federal Government and Indian
tribes. Thus, the Agency has determined
that Executive Order 13132, entitled
Federalism (64 FR 43255, August 10,
1999) and Executive Order 13175,
entitled Consultation and Coordination
with Indian Tribal Governments (65 FR
67249, November 6, 2000) do not apply
to this rule. In addition, This rule does
not 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).
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).
VII. Congressional Review Act
The Congressional Review Act, 5
U.S.C. 801 et seq., generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report 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: September 13, 2007.
Lois Rossi,
Director, Registration Division, 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 180.552 is amended by
revising the table in paragraph (a), and
by removing the text and reserving
paragraph (b) to read as follows:
I
§ 180.552 Sulfosulfuron; tolerances for
residues.
(a) * * *
Commodity
Parts per million
Cattle, fat .........................................................................................................................................................
Cattle, meat .....................................................................................................................................................
Cattle, meat byproducts ...................................................................................................................................
Goat, fat ...........................................................................................................................................................
Goat, meat .......................................................................................................................................................
Goat, meat byproducts ....................................................................................................................................
Grass, forage, fodder and hay, group 17, forage ...........................................................................................
Grass, forage, fodder and hay, group 17, hay ................................................................................................
Hog, fat ............................................................................................................................................................
Hog, meat ........................................................................................................................................................
Hog, meat byproducts .....................................................................................................................................
Horse, fat .........................................................................................................................................................
Horse, meat .....................................................................................................................................................
Horse, meat byproducts ..................................................................................................................................
Milk ...................................................................................................................................................................
Sheep, fat ........................................................................................................................................................
Sheep, meat ....................................................................................................................................................
Sheep, meat byproducts ..................................................................................................................................
Wheat, forage ..................................................................................................................................................
Wheat, grain ....................................................................................................................................................
Wheat, hay .......................................................................................................................................................
Wheat, straw
(b) Section 18 emergency exemptions.
[Reserved]
*
*
*
*
*
[FR Doc. E7–18864 Filed 9–25–07; 8:45 am]
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2007–0261; FRL–8147–6]
BILLING CODE 6560–50–S
Methamidophos, Oxydemeton-methyl,
Profenofos, and Trichlorfon; Tolerance
Actions
Environmental Protection
Agency (EPA).
ACTION: Final rule.
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AGENCY:
SUMMARY: EPA is revoking certain
tolerances for the insecticide
oxydemeton-methyl. Also, EPA is
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modifying certain tolerances for the
insecticides oxydemeton-methyl,
profenofos, and trichlorfon. In addition,
EPA is establishing new tolerances for
the insecticides oxydemeton-methyl and
profenofos. EPA is not taking action on
tolerances for methamidophos at this
time. The regulatory actions finalized in
this document are follow-up to the
Agency’s reregistration program under
the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA), and tolerance
reassessment program under the Federal
Food, Drug, and Cosmetic Act (FFDCA)
section 408(q).
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This regulation is effective
September 26, 2007. Objections and
requests for hearings must be received
on or before November 26, 2007, and
must be filed in accordance with the
instructions provided in 40 CFR part
178 (see also Unit I.C. of the
SUPPLEMENTARY INFORMATION).
ADDRESSES: EPA has established a
docket for this action under docket
identification (ID) number EPA–HQ–
OPP–2007–0261. To access the
electronic docket, go to https://
www.regulations.gov, select ‘‘Advanced
Search,’’ then ‘‘Docket Search.’’ Insert
the docket ID number where indicated
and select the ‘‘Submit’’ button. Follow
the instructions on the regulations.gov
website to view the docket index or
access available documents. All
documents in the docket are listed in
the docket index available in
regulations.gov. Although listed in the
index, some information is not publicly
available, e.g., Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available in the electronic docket at
https://www.regulations.gov, or, if only
available in hard copy, at the OPP
Regulatory Public Docket in Rm. S–
4400, One Potomac Yard (South Bldg.),
2777 S. Crystal Dr., Arlington, VA. The
Docket Facility is open from 8:30 a.m.
to 4 p.m., Monday through Friday,
excluding legal holidays. The Docket
Facility telephone number is (703) 305–
5805.
FOR FURTHER INFORMATION CONTACT:
Joseph Nevola, Special Review and
Reregistration Division (7508P), 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
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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).
• Animal production (NAICS code
112).
• Food manufacturing (NAICS code
311).
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• Pesticide manufacturing (NAICS
code 32532).
This listing is not intended to be
exhaustive, but rather provides a guide
for readers regarding entities likely to be
affected by this action. Other types of
entities not listed in this unit could also
be affected. The North American
Industrial Classification System
(NAICS) codes have been provided to
assist you and others in determining
whether this action might apply to
certain entities. If you have any
questions regarding the applicability of
this action to a particular entity, consult
the person listed under FOR FURTHER
INFORMATION CONTACT.
B. How Can I Access Electronic Copies
of this Document?
In addition to accessing an electronic
copy of this Federal Register document
through the electronic docket athttps://
www.regulations.gov, you may access
this ‘‘Federal Register’’ document
electronically through the EPA Internet
under the ‘‘Federal Register’’ listings
athttps://www.epa.gov/fedrgstr. You may
also access a frequently updated
electronic version of 40 CFR part 180
through the Government Printing
Office’s pilot e-CFR site at https://
www.gpoaccess.gov/ecfr.
C. Can I File an Objection or Hearing
Request?
Under section 408(g) of FFDCA, as
amended by the Food, Quality,
Protection Act (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.
You must file your objection or request
a hearing on this regulation in
accordance with the instructions
provided in 40 CFR part 178. To ensure
proper receipt by EPA, you must
identify docket ID number EPA–HQ–
OPP–2007–0261 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 November 26, 2007.
In addition to filing an objection or
hearing request with the Hearing Clerk
as described in 40 CFR part 178, please
submit a copy of the filing that does not
contain any CBI for inclusion in the
public docket that is described in
ADDRESSES. Information not marked
confidential pursuant to 40 CFR part 2
may be disclosed publicly by EPA
without prior notice. Submit your
copies, identified by docket ID number
EPA–HQ–OPP–2007–0261, by one of
the following methods.
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• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the on-line
instructions for submitting comments.
• Mail: Office of Pesticide Programs
(OPP) Regulatory Public Docket (7502P),
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460–0001.
• Delivery: OPP Regulatory Public
Docket (7502P), Environmental
Protection Agency, Rm. S–4400, One
Potomac Yard (South Bldg.), 2777 S.
Crystal Dr., Arlington, VA. Deliveries
are only accepted during the Docket’s
normal hours of operation (8:30 a.m. to
4 p.m., Monday through Friday,
excluding legal holidays). Special
arrangements should be made for
deliveries of boxed information. The
Docket Facility telephone number is
(703) 305–5805.
II. Background
A. What Action is the Agency Taking?
In the Federal Register of May 23,
2007 (72 FR 28912) (FRL–8130–8), EPA
issued a proposal to revoke, remove,
modify, and establish certain specific
tolerances for residues of the
insecticides methamidophos,
oxydemeton-methyl, profenophos, and
trichlorfon. Also, the proposal of May
23, 2007 (72 FR 28912) provided a 60–
day comment period which invited
public comment for consideration and
for support of tolerance retention under
FFDCA standards.
In this final rule, EPA is revoking,
removing, modifying, and establishing
specific tolerances for residues of
oxydemeton-methyl, profenofos, and
trichlorfon in or on commodities listed
in the regulatory text of this document.
EPA is finalizing these tolerance
actions in order to implement the
tolerance recommendations made
during the reregistration and tolerance
reassessment processes (including
follow-up on canceled or additional
uses of pesticides). As part of these
processes, EPA is required to determine
whether each of the amended tolerances
meets the safety standard of FFDCA.
The safety finding determination of
‘‘reasonable certainty of no harm’’ is
discussed in detail in each
Reregistration Eligibility Decision (RED)
and Report on FQPA Tolerance
Reassessment Progress and Interim Risk
Management Decision (TRED) for the
active ingredient. REDs and TREDs
recommend the implementation of
certain tolerance actions, including
modifications, to reflect current use
patterns, to meet safety findings and
change commodity names and
groupings in accordance with new EPA
policy. Printed copies of many REDs
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and TREDs may be obtained from EPA’s
National Service Center for
Environmental Publications (EPA/
NSCEP), P.O. Box 42419, Cincinnati,
OH 45242–2419, telephone number: 1–
800–490–9198; fax number: 1–513–489–
8695; Internet athttps://www.epa.gov/
ncepihom and from the National
Technical Information Service (NTIS),
5285 Port Royal Rd., Springfield, VA
22161, telephone number: 1–800–553–
6847 or (703) 605–6000; Internet at
https://www.ntis.gov. Electronic copies of
REDs and TREDs are available on the
Internet athttps://www.regulations.gov
andhttps://www.epa.gov/pesticides/
reregistration/status.htm.
In this final rule, EPA is revoking
certain tolerances and/or tolerance
exemptions because either they are no
longer needed or are associated with
food uses that are no longer registered
under FIFRA in the United States.
Those instances where registrations
were canceled were because the
registrant failed to pay the required
maintenance fee and/or the registrant
voluntarily requested cancellation of
one or more registered uses of the
pesticide active ingredient. 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 issue a final
rule revoking 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 who comments on the proposal
indicates a need for the tolerance or
tolerance exemption to cover residues in
or on imported commodities or legally
treated domestic commodities.
Historically, EPA has 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.
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 FFDCA
section 408(f) order requesting
additional data or issuance of a FFDCA
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.
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3. The tolerance is not supported by
data that demonstrate that the tolerance
meets the requirements under FQPA.
This final rule does not revoke those
tolerances for which EPA received
comments stating a need for the
tolerance to be retained. In response to
the proposal published in the Federal
Register of May 23, 2007 (72 FR 28912),
EPA received comments only
concerning methamidophos during the
60–day public comment period.
1. Methamidophos. EPA will not take
action on methamidophos tolerances in
40 CFR 180.315 or amend 40 CFR 180.3
on tolerances for related pesticide
chemicals at this time based on the
comments. The Agency will respond to
comments about methamidophos that
were received during the public
comment period and address
methamidophos actions in a future
notice to be published in the Federal
Register.
The Agency did not receive any
specific comments, during the 60–day
comment period, on the following
pesticide active ingredients:
Oxydemeton-methyl, profenofos, and
trichlorfon. Therefore, EPA is finalizing
the amendments proposed concerning
these active ingredients in the Federal
Register of May 23, 2007 (72 FR 28912).
For a detailed discussion of the
Agency’s rationale for the
establishments, revocations, and
modifications to the tolerances, refer to
the proposed rule of May 23, 2007.
In addition, the Agency is making the
following revision in this final rule.
2. Oxydemeton-methyl (ODM). EPA
did not propose in a notice for comment
to revise the tolerance nomenclature for
ODM in 40 CFR 180.330(a)(1) from
filbert to hazelnut, as is current Agency
practice. However, section 553(b)(3)(B)
of the Administrative Procedure Act
provides that notice and comment is not
necessary ‘‘when the agency for good
cause finds (and incorporates the
finding and a brief statement of reasons
therefore in the rules issued) that notice
and public procedure thereon are
impracticable, unnecessary, or contrary
to the public interest.’’ Consequently,
for good cause, EPA is revising the
tolerance terminology in 40 CFR
180.330(a)(1) from filbert to hazelnut.
The reason for taking this action is
because such action has no practical
impact on the use of or exposure to the
pesticide active ingredient, ODM, in or
on that commodity and is made such
that the tolerance terminology will
conform to current Agency practice.
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B. What is the Agency’s Authority for
Taking this Action?
EPA may issue a regulation
establishing, modifying, or revoking a
tolerance under FFDCA section 408(e).
In this final rule, EPA is establishing,
modifying, and revoking tolerances to
implement the tolerance
recommendations made during the
reregistration and tolerance
reassessment processes, and as followup on canceled uses of pesticides. As
part of these processes, EPA is required
to determine whether each of the
amended tolerances meets the safety
standards under FFDCA. The safety
finding determination is found in detail
in each post-FQPA RED and TRED for
the active ingredient. REDs and TREDs
recommend the implementation of
certain tolerance actions, including
modifications to reflect current use
patterns, to meet safety findings, and
change commodity names and
groupings in accordance with new EPA
policy. Printed and electronic copies of
the REDs and TREDs are available as
provided in Unit II.A.
EPA has issued post-FQPA REDs for
methamidophos, oxydemeton-methyl,
and profenofos, and a TRED for
trichlorfon, whose RED was completed
prior to FQPA. REDs and TREDs contain
the Agency’s evaluation of the database
for these pesticides, including
statements regarding additional data on
the active ingredients that may be
needed to confirm the potential human
health and environmental risk
assessments associated with current
product uses, and REDs state conditions
under which these uses and products
will be eligible for reregistration. The
REDs and TREDs recommended the
establishment, modification, and/or
revocation of specific tolerances. RED
and TRED recommendations such as
establishing or modifying tolerances,
and in some cases revoking tolerances,
are the result of assessment under the
FFDCA standard of ‘‘reasonable
certainty of no harm.’’ However,
tolerance revocations recommended in
REDs and TREDs that are made final in
this document do not need such
assessment when the tolerances are no
longer necessary.
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
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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.
When EPA establishes tolerances for
pesticide residues in or on raw
agricultural commodities, the Agency
gives consideration to possible pesticide
residues in meat, milk, poultry, and/or
eggs produced by animals that are fed
agricultural products (for example, grain
or hay) containing pesticides residues
(40 CFR 180.6). If there is no reasonable
expectation of finite pesticide residues
in or on meat, milk, poultry, or eggs,
then tolerances do not need to be
established for these commodities (40
CFR 180.6(b) and180.6(c)).
C. When Do These Actions Become
Effective?
These actions become effective on the
date of publication of this final rule in
the Federal Register. For this final rule,
the tolerances that were revoked
because registered uses did not exist
concerned uses which have been
canceled, in some cases, for many years.
The Agency believes that existing stocks
of pesticide products labeled for the
uses associated with the revoked
tolerances have been completely
exhausted and 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 FQPA. Under this unit, 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.
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.
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III. Are There Any International Trade
Issues Raised by this Final Action?
In making its tolerance decisions, EPA
seeks to harmonize U.S. tolerances with
international standards whenever
possible, consistent with U.S. food
safety standards and agricultural
practices. EPA considers the
international Maximum Residue Limits
(MRLs) established by the Codex
Alimentarius Commission, as required
by section 408(b)(4) of FFDCA. The
Codex Alimentarius is a joint U.N. Food
and Agriculture Organization/World
Health Organization food standards
program, and it is recognized as an
international food safety standardssetting organization in trade agreements
to which the United States is a party.
EPA may establish a tolerance that is
different from a Codex MRL; however,
FFDCA section 408(b)(4) requires that
EPA explain the reasons for departing
from the Codex level in a notice
published for public comment. EPA’s
effort to harmonize with Codex MRLs is
summarized in the tolerance
reassessment section of individual REDs
and TREDs, and in the Residue
Chemistry document which supports
the RED and TRED, as mentioned in the
proposed rule cited in Unit II.A.
Specific tolerance actions in this rule
and how they compare to Codex MRLs
(if any) are discussed in Unit II.A. of the
proposal.
IV. Statutory and Executive Order
Reviews
In this final rule, EPA establishes
tolerances under FFDCA section 408(e),
and also modifies and revokes specific
tolerances established under FFDCA
section 408. The Office of Management
and Budget (OMB) has exempted these
types of actions (i.e., establishment and
modification of a tolerance and
tolerance revocation for which
extraordinary circumstances do not
exist) from review under Executive
Order 12866, entitled Regulatory
Planning and Review (58 FR 51735,
October 4, 1993). Because this rule has
been exempted from review under
Executive Order 12866 due to its lack of
significance, this rule is not subject to
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use (66 FR 28355, May
22, 2001). This final rule does not
contain any information collections
subject to OMB approval under the
Paperwork Reduction Act (PRA), 44
U.S.C. 3501 et seq., or impose any
enforceable duty or contain any
unfunded mandate as described under
Title II of the Unfunded Mandates
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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 104–13, section
12(d) (15 U.S.C. 272 note). Pursuant to
the Regulatory Flexibility Act (RFA) (5
U.S.C. 601 et seq.), the Agency
previously assessed whether
establishment of tolerances, exemptions
from tolerances, raising of tolerance
levels, expansion of exemptions, or
revocations might significantly impact a
substantial number of small entities and
concluded that, as a general matter,
these actions do not impose a significant
economic impact on a substantial
number of small entities. These analyses
for tolerance establishments and
modifications, and for tolerance
revocations were published on May 4,
1981 (46 FR 24950) and on December
17, 1997 (62 FR 66020) (FRL–5753–1),
respectively, and were provided to the
Chief Counsel for Advocacy of the Small
Business Administration. Taking into
account this analysis, and available
information concerning the pesticides
listed in this rule, the Agency hereby
certifies that this final rule will not have
a significant economic impact on a
substantial number of small entities. In
a memorandum dated May 25, 2001,
EPA determined that eight conditions
must all be satisfied in order for an
import tolerance or tolerance exemption
revocation to adversely affect a
significant number of small entity
importers, and that there is a negligible
joint probability of all eight conditions
holding simultaneously with respect to
any particular revocation. (This Agency
document is available in the docket, as
mentioned in Unit II.A.). 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
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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.
V. Congressional Review Act
The Congressional Review Act, 5
U.S.C. 801 et seq., generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report to each House of
the Congress and to the Comptroller
General of the United States. EPA will
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15:42 Sep 25, 2007
Jkt 211001
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: September 13, 2007.
Anne E. Lindsay,
Acting 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 180.198 is revised to read
as follows:
I
§ 180.198 Trichlorfon; tolerances for
residues.
(a) General. Tolerances are
established for residues of the
insecticide trichlorfon (dimethyl (2,2,2trichloro-1-hydroxyethyl) phosphonate)
in or on the following food
commodities:
Parts per
million
Commodity
Cattle, fat1 .................................
Cattle, meat1 .............................
Cattle, meat byproducts1 ..........
0.5
0.2
0.1
1 There are no U.S. registrations for cattle
commodities as of June 24, 1999.
(b) Section 18 emergency exemptions.
[Reserved]
(c) Tolerances with regional
registrations. [Reserved]
(d) Indirect or inadvertent residues.
[Reserved]
I 3. Section 180.330 is revised to read
as follows:
§ 180.330 S-(2-(Ethylsulfinyl)ethyl) O,Odimethyl phosphorothioate; tolerances for
residues.
(a) General. (1) Tolerances are
established for the combined residues of
the insecticide oxydemeton-methyl (S(2-(ethylsulfinyl)ethyl) O,O-dimethyl
phosphorothioate) and its metabolite
oxydemeton-methyl sulfone in or on the
following food commodities:
PO 00000
Frm 00060
Fmt 4700
Sfmt 4700
Commodity
Alfalfa, forage ...........................
Alfalfa, hay ................................
Bean, lima .................................
Beet, sugar, roots .....................
Beet, sugar, tops ......................
Broccoli .....................................
Brussels sprouts .......................
Cabbage ...................................
Cauliflower ................................
Clover, forage ...........................
Clover, hay ...............................
Corn, sweet, forage ..................
Corn, sweet, kernel plus cob
with husks removed ..............
Corn, sweet, stover ..................
Cotton, undelinted seed ...........
Cucumber .................................
Eggplant ....................................
Grapefruit ..................................
Hazelnut ....................................
Lemon .......................................
Lettuce, head ............................
Melon ........................................
Onion, bulb ...............................
Orange ......................................
Pepper ......................................
Peppermint, tops ......................
Pumpkin ....................................
Safflower, seed .........................
Sorghum, forage, forage ..........
Sorghum, grain, forage .............
Sorghum, grain, grain ...............
Spearmint, tops ........................
Squash, summer ......................
Squash, winter ..........................
Strawberry ................................
Walnut .......................................
Parts per
million
5.0
11.0
0.2
0.3
0.5
1.0
1.0
2.0
1.0
5.0
10.0
1.0
0.5
3.0
0.02
1.0
1.0
1.0
0.05
1.0
2.0
0.2
0.05
1.0
0.75
12.5
0.2
1.0
2.0
2.0
0.75
12.5
1.0
0.3
2.0
0.05
(2) Tolerances are established for the
combined residues of the insecticide
oxydemeton-methyl (S-(2(ethylsulfinyl)ethyl) O,O-dimethyl
phosphorothioate) and its
cholinesterase-inhibiting metabolites in
or on the following food commodities:
Commodity
Cattle, fat ..................................
Cattle, meat ..............................
Cattle, meat byproducts ...........
Egg ...........................................
Goat, fat ....................................
Goat, meat ................................
Goat, meat byproducts .............
Hog, fat .....................................
Hog, meat .................................
Hog, meat byproducts ..............
Horse, fat ..................................
Horse, meat ..............................
Horse, meat byproducts ...........
Milk ...........................................
Poultry, fat ................................
Poultry, meat ............................
Poultry, meat byproducts ..........
Sheep, fat .................................
Sheep, meat .............................
Sheep, meat byproducts ..........
Parts per
million
0.01
0.01
0.01
0.01
0.01
0.01
0.01
0.01
0.01
0.01
0.01
0.01
0.01
0.01
0.01
0.01
0.01
0.01
0.01
0.01
(b) Section 18 emergency exemptions.
[Reserved]
E:\FR\FM\26SER1.SGM
26SER1
Federal Register / Vol. 72, No. 186 / Wednesday, September 26, 2007 / Rules and Regulations
(c) Tolerances with regional
registrations. Tolerances with regional
registrations, as defined in § 180.1(m),
are established for the combined
residues of the insecticide oxydemetonmethyl (S-(2-(ethylsulfinyl)-ethyl) O,Odimethyl phosphorothioate) and its
metabolite oxydemeton-methyl sulfone
in or on the following food
commodities:
tolerances under paragraph (d). Details
of these changes are outlined in Unit II.
of this document. Monsanto Company
requested these changes as submitted by
petitions to EPA pursuant to the Federal
Food, Drug, and Cosmetic Act (FFDCA).
This regulation is effective
September 26, 2007. Objections and
requests for hearings must be received
on or before November 26, 2007, and
must be filed in accordance with the
Parts per
Commodity
instructions provided in 40 CFR part
million
178 (see also Unit I.C. of the
Broccoli raab .............................
2.0 SUPPLEMENTARY INFORMATION).
ADDRESSES: EPA has established a
(d) Indirect or inadvertent residues.
docket for this action under docket
[Reserved]
identification (ID) number EPA–HQ–
I 4. Section 180.404 is amended by
OPP–2007–0146. To access the
revising paragraph (a) to read as follows: electronic docket, go to https://
www.regulations.gov, select ‘‘Advanced
§ 180.404 Profenofos; tolerances for
Search,’’ then ‘‘Docket Search.’’ Insert
residues.
the docket ID number where indicated
(a) General. Tolerances are
and select the ‘‘Submit’’ button. Follow
established for residues of the
the instructions on the regulations.gov
insecticide profenofos (O-(4-bromo-2website to view the docket index or
chlorophenyl)-O-ethyl-S-propyl
access available documents. All
phosphorothioate) in or on the
documents in the docket are listed in
following food commodities:
the docket index available in
regulations.gov. Although listed in the
Parts per
Commodity
million
index, some information is not publicly
available, e.g., Confidential Business
Cattle, fat ..................................
0.05 Information (CBI) or other information
Cattle, meat ..............................
0.05
whose disclosure is restricted by statute.
Cattle, meat byproducts ...........
0.05
Cotton, gin byproducts .............
55.0 Certain other material, such as
Cotton, undelinted seed ...........
2.0 copyrighted material, is not placed on
Goat, fat ....................................
0.05 the Internet and will be publicly
Goat, meat ................................
0.05 available only in hard copy form.
Goat, meat byproducts .............
0.05 Publicly available docket materials are
Horse, fat ..................................
0.05 available in the electronic docket at
Horse, meat ..............................
0.05 https://www.regulations.gov, or, if only
Horse, meat byproducts ...........
0.05
available in hard copy, at the OPP
Milk ...........................................
0.01
Sheep, fat .................................
0.05 Regulatory Public Docket in Rm. S–
Sheep, meat .............................
0.05 4400, One Potomac Yard (South Bldg.),
Sheep, meat byproducts ..........
0.05 2777 S. Crystal Dr., Arlington, VA. The
Docket Facility is open from 8:30 a.m.
to 4 p.m., Monday through Friday,
*
*
*
*
*
excluding legal holidays. The Docket
[FR Doc. E7–18869 Filed 9–25–07; 8:45 am]
Facility telephone number is (703) 305–
BILLING CODE 6560–50–S
5805.
FOR FURTHER INFORMATION CONTACT:
ENVIRONMENTAL PROTECTION
AGENCY
Vickie Walters, Registration Division
(7505P), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460–0001; telephone number:
(703) 305–5704; e-mail address:
walters.vickie@epa.gov.
40 CFR Part 180
[EPA–HQ–OPP–2007–0146; FRL–8147–2]
Alachlor; Pesticide Tolerance
Environmental Protection
Agency (EPA).
ACTION: Final rule.
rmajette on PROD1PC64 with RULES
AGENCY:
SUPPLEMENTARY INFORMATION:
I. General Information
This regulation revises and
separates the tolerances for alachlor in
§ 180.249 into paragraphs (a) through
(d). This regulation also establishes
several new tolerances under paragraph
(a). It further establishes several new
SUMMARY:
VerDate Aug<31>2005
15:42 Sep 25, 2007
Jkt 211001
DATES:
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
PO 00000
Frm 00061
Fmt 4700
Sfmt 4700
54579
not limited to those engaged in the
following activities:
• 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.
This listing is not intended to be
exhaustive, but rather to provide 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?
In addition to accessing an electronic
copy of this Federal Register document
through the electronic docket at https://
www.regulations.gov, you may access
this Federal Register document
electronically through the EPA Internet
under the ‘‘Federal Register’’ listings at
https://www.epa.gov/fedrgstr. You may
also access a frequently updated
electronic version of EPA’s tolerance
regulations at 40 CFR part 180 through
the Government Printing Office’s pilot
e-CFR site at https://www.gpoaccess.gov/
ecfr.
C. Can I File an Objection or Hearing
Request?
Under section 408(g) of FFDCA, any
person may file an objection to any
aspect of this regulation and may also
request a hearing on those objections.
You must file your objection or request
a hearing on this regulation in
accordance with the instructions
provided in 40 CFR part 178. To ensure
proper receipt by EPA, you must
identify docket ID number EPA–HQ–
OPP–2007–0146 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
as required by 40 CFR part 178 on or
before November 26, 2007.
E:\FR\FM\26SER1.SGM
26SER1
]]>Agencies
[Federal Register Volume 72, Number 186 (Wednesday, September 26, 2007)]
[Rules and Regulations]
[Pages 54574-54579]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-18869]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[EPA-HQ-OPP-2007-0261; FRL-8147-6]
Methamidophos, Oxydemeton-methyl, Profenofos, and Trichlorfon;
Tolerance Actions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is revoking certain tolerances for the insecticide
oxydemeton-methyl. Also, EPA is modifying certain tolerances for the
insecticides oxydemeton-methyl, profenofos, and trichlorfon. In
addition, EPA is establishing new tolerances for the insecticides
oxydemeton-methyl and profenofos. EPA is not taking action on
tolerances for methamidophos at this time. The regulatory actions
finalized in this document are follow-up to the Agency's reregistration
program under the Federal Insecticide, Fungicide, and Rodenticide Act
(FIFRA), and tolerance reassessment program under the Federal Food,
Drug, and Cosmetic Act (FFDCA) section 408(q).
[[Page 54575]]
DATES: This regulation is effective September 26, 2007. Objections and
requests for hearings must be received on or before November 26, 2007,
and must be filed in accordance with the instructions provided in 40
CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).
ADDRESSES: EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPP-2007-0261. To access the
electronic docket, go to https://www.regulations.gov, select ``Advanced
Search,'' then ``Docket Search.'' Insert the docket ID number where
indicated and select the ``Submit'' button. Follow the instructions on
the regulations.gov website to view the docket index or access
available documents. All documents in the docket are listed in the
docket index available in regulations.gov. Although listed in the
index, some information is not publicly available, e.g., Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available in the electronic docket at https://www.regulations.gov, or,
if only available in hard copy, at the OPP Regulatory Public Docket in
Rm. S-4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr.,
Arlington, VA. The Docket Facility is open from 8:30 a.m. to 4 p.m.,
Monday through Friday, excluding legal holidays. The Docket Facility
telephone number is (703) 305-5805.
FOR FURTHER INFORMATION CONTACT: Joseph Nevola, Special Review and
Reregistration Division (7508P), 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).
Animal production (NAICS code 112).
Food manufacturing (NAICS code 311).
Pesticide manufacturing (NAICS code 32532).
This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. If you have any
questions regarding the applicability of this action to a particular
entity, consult the person listed under FOR FURTHER INFORMATION
CONTACT.
B. How Can I Access Electronic Copies of this Document?
In addition to accessing an electronic copy of this Federal
Register document through the electronic docket athttps://
www.regulations.gov, you may access this ``Federal Register'' document
electronically through the EPA Internet under the ``Federal Register''
listings athttps://www.epa.gov/fedrgstr. You may also access a
frequently updated electronic version of 40 CFR part 180 through the
Government Printing Office's pilot e-CFR site at https://
www.gpoaccess.gov/ecfr.
C. Can I File an Objection or Hearing Request?
Under section 408(g) of FFDCA, as amended by the Food, Quality,
Protection Act (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. You
must file your objection or request a hearing on this regulation in
accordance with the instructions provided in 40 CFR part 178. To ensure
proper receipt by EPA, you must identify docket ID number EPA-HQ-OPP-
2007-0261 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 November 26, 2007.
In addition to filing an objection or hearing request with the
Hearing Clerk as described in 40 CFR part 178, please submit a copy of
the filing that does not contain any CBI for inclusion in the public
docket that is described in ADDRESSES. Information not marked
confidential pursuant to 40 CFR part 2 may be disclosed publicly by EPA
without prior notice. Submit your copies, identified by docket ID
number EPA-HQ-OPP-2007-0261, by one of the following methods.
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the on-line instructions for submitting comments.
Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket's normal hours of operation (8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays). Special
arrangements should be made for deliveries of boxed information. The
Docket Facility telephone number is (703) 305-5805.
II. Background
A. What Action is the Agency Taking?
In the Federal Register of May 23, 2007 (72 FR 28912) (FRL-8130-8),
EPA issued a proposal to revoke, remove, modify, and establish certain
specific tolerances for residues of the insecticides methamidophos,
oxydemeton-methyl, profenophos, and trichlorfon. Also, the proposal of
May 23, 2007 (72 FR 28912) provided a 60-day comment period which
invited public comment for consideration and for support of tolerance
retention under FFDCA standards.
In this final rule, EPA is revoking, removing, modifying, and
establishing specific tolerances for residues of oxydemeton-methyl,
profenofos, and trichlorfon in or on commodities listed in the
regulatory text of this document.
EPA is finalizing these tolerance actions in order to implement the
tolerance recommendations made during the reregistration and tolerance
reassessment processes (including follow-up on canceled or additional
uses of pesticides). As part of these processes, EPA is required to
determine whether each of the amended tolerances meets the safety
standard of FFDCA. The safety finding determination of ``reasonable
certainty of no harm'' is discussed in detail in each Reregistration
Eligibility Decision (RED) and Report on FQPA Tolerance Reassessment
Progress and Interim Risk Management Decision (TRED) for the active
ingredient. REDs and TREDs recommend the implementation of certain
tolerance actions, including modifications, to reflect current use
patterns, to meet safety findings and change commodity names and
groupings in accordance with new EPA policy. Printed copies of many
REDs
[[Page 54576]]
and TREDs may be obtained from EPA's National Service Center for
Environmental Publications (EPA/NSCEP), P.O. Box 42419, Cincinnati, OH
45242-2419, telephone number: 1-800-490-9198; fax number: 1-513-489-
8695; Internet athttps://www.epa.gov/ncepihom and from the National
Technical Information Service (NTIS), 5285 Port Royal Rd., Springfield,
VA 22161, telephone number: 1-800-553-6847 or (703) 605-6000; Internet
at https://www.ntis.gov. Electronic copies of REDs and TREDs are
available on the Internet athttps://www.regulations.gov andhttps://
www.epa.gov/pesticides/reregistration/status.htm.
In this final rule, EPA is revoking certain tolerances and/or
tolerance exemptions because either they are no longer needed or are
associated with food uses that are no longer registered under FIFRA in
the United States. Those instances where registrations were canceled
were because the registrant failed to pay the required maintenance fee
and/or the registrant voluntarily requested cancellation of one or more
registered uses of the pesticide active ingredient. 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 issue a final rule revoking 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 who comments on the proposal indicates a need for the
tolerance or tolerance exemption to cover residues in or on imported
commodities or legally treated domestic commodities.
Historically, EPA has 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.
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 FFDCA section 408(f) order
requesting additional data or issuance of a FFDCA section 408(d) or (e)
order revoking the tolerances on other grounds, commenters retract the
comment identifying a need for the tolerance to be retained.
2. EPA independently verifies that the tolerance is no longer
needed.
3. The tolerance is not supported by data that demonstrate that the
tolerance meets the requirements under FQPA.
This final rule does not revoke those tolerances for which EPA
received comments stating a need for the tolerance to be retained. In
response to the proposal published in the Federal Register of May 23,
2007 (72 FR 28912), EPA received comments only concerning methamidophos
during the 60-day public comment period.
1. Methamidophos. EPA will not take action on methamidophos
tolerances in 40 CFR 180.315 or amend 40 CFR 180.3 on tolerances for
related pesticide chemicals at this time based on the comments. The
Agency will respond to comments about methamidophos that were received
during the public comment period and address methamidophos actions in a
future notice to be published in the Federal Register.
The Agency did not receive any specific comments, during the 60-day
comment period, on the following pesticide active ingredients:
Oxydemeton-methyl, profenofos, and trichlorfon. Therefore, EPA is
finalizing the amendments proposed concerning these active ingredients
in the Federal Register of May 23, 2007 (72 FR 28912). For a detailed
discussion of the Agency's rationale for the establishments,
revocations, and modifications to the tolerances, refer to the proposed
rule of May 23, 2007.
In addition, the Agency is making the following revision in this
final rule.
2. Oxydemeton-methyl (ODM). EPA did not propose in a notice for
comment to revise the tolerance nomenclature for ODM in 40 CFR
180.330(a)(1) from filbert to hazelnut, as is current Agency practice.
However, section 553(b)(3)(B) of the Administrative Procedure Act
provides that notice and comment is not necessary ``when the agency for
good cause finds (and incorporates the finding and a brief statement of
reasons therefore in the rules issued) that notice and public procedure
thereon are impracticable, unnecessary, or contrary to the public
interest.'' Consequently, for good cause, EPA is revising the tolerance
terminology in 40 CFR 180.330(a)(1) from filbert to hazelnut. The
reason for taking this action is because such action has no practical
impact on the use of or exposure to the pesticide active ingredient,
ODM, in or on that commodity and is made such that the tolerance
terminology will conform to current Agency practice.
B. What is the Agency's Authority for Taking this Action?
EPA may issue a regulation establishing, modifying, or revoking a
tolerance under FFDCA section 408(e). In this final rule, EPA is
establishing, modifying, and revoking tolerances to implement the
tolerance recommendations made during the reregistration and tolerance
reassessment processes, and as follow-up on canceled uses of
pesticides. As part of these processes, EPA is required to determine
whether each of the amended tolerances meets the safety standards under
FFDCA. The safety finding determination is found in detail in each
post-FQPA RED and TRED for the active ingredient. REDs and TREDs
recommend the implementation of certain tolerance actions, including
modifications to reflect current use patterns, to meet safety findings,
and change commodity names and groupings in accordance with new EPA
policy. Printed and electronic copies of the REDs and TREDs are
available as provided in Unit II.A.
EPA has issued post-FQPA REDs for methamidophos, oxydemeton-methyl,
and profenofos, and a TRED for trichlorfon, whose RED was completed
prior to FQPA. REDs and TREDs contain the Agency's evaluation of the
database for these pesticides, including statements regarding
additional data on the active ingredients that may be needed to confirm
the potential human health and environmental risk assessments
associated with current product uses, and REDs state conditions under
which these uses and products will be eligible for reregistration. The
REDs and TREDs recommended the establishment, modification, and/or
revocation of specific tolerances. RED and TRED recommendations such as
establishing or modifying tolerances, and in some cases revoking
tolerances, are the result of assessment under the FFDCA standard of
``reasonable certainty of no harm.'' However, tolerance revocations
recommended in REDs and TREDs that are made final in this document do
not need such assessment when the tolerances are no longer necessary.
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
[[Page 54577]]
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.
When EPA establishes tolerances for pesticide residues in or on raw
agricultural commodities, the Agency gives consideration to possible
pesticide residues in meat, milk, poultry, and/or eggs produced by
animals that are fed agricultural products (for example, grain or hay)
containing pesticides residues (40 CFR 180.6). If there is no
reasonable expectation of finite pesticide residues in or on meat,
milk, poultry, or eggs, then tolerances do not need to be established
for these commodities (40 CFR 180.6(b) and180.6(c)).
C. When Do These Actions Become Effective?
These actions become effective on the date of publication of this
final rule in the Federal Register. For this final rule, the tolerances
that were revoked because registered uses did not exist concerned uses
which have been canceled, in some cases, for many years. The Agency
believes that existing stocks of pesticide products labeled for the
uses associated with the revoked tolerances have been completely
exhausted and 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 FQPA. Under
this unit, 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.
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.
III. Are There Any International Trade Issues Raised by this Final
Action?
In making its tolerance decisions, EPA seeks to harmonize U.S.
tolerances with international standards whenever possible, consistent
with U.S. food safety standards and agricultural practices. EPA
considers the international Maximum Residue Limits (MRLs) established
by the Codex Alimentarius Commission, as required by section 408(b)(4)
of FFDCA. The Codex Alimentarius is a joint U.N. Food and Agriculture
Organization/World Health Organization food standards program, and it
is recognized as an international food safety standards-setting
organization in trade agreements to which the United States is a party.
EPA may establish a tolerance that is different from a Codex MRL;
however, FFDCA section 408(b)(4) requires that EPA explain the reasons
for departing from the Codex level in a notice published for public
comment. EPA's effort to harmonize with Codex MRLs is summarized in the
tolerance reassessment section of individual REDs and TREDs, and in the
Residue Chemistry document which supports the RED and TRED, as
mentioned in the proposed rule cited in Unit II.A. Specific tolerance
actions in this rule and how they compare to Codex MRLs (if any) are
discussed in Unit II.A. of the proposal.
IV. Statutory and Executive Order Reviews
In this final rule, EPA establishes tolerances under FFDCA section
408(e), and also modifies and revokes specific tolerances established
under FFDCA section 408. The Office of Management and Budget (OMB) has
exempted these types of actions (i.e., establishment and modification
of a tolerance and tolerance revocation for which extraordinary
circumstances do not exist) from review under Executive Order 12866,
entitled Regulatory Planning and Review (58 FR 51735, October 4, 1993).
Because this rule has been exempted from review under Executive Order
12866 due to its lack of significance, this rule is not subject to
Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use (66 FR 28355,
May 22, 2001). This final rule does not contain any information
collections subject to OMB approval under the Paperwork Reduction Act
(PRA), 44 U.S.C. 3501 et seq., or impose any enforceable duty or
contain any unfunded mandate as described under Title II of the
Unfunded Mandates Reform Act of 1995 (UMRA) (Public Law 104-4). Nor
does it require any special considerations as required by Executive
Order 12898, entitled Federal Actions to Address Environmental Justice
in Minority Populations and Low-Income Populations (59 FR 7629,
February 16, 1994); or OMB review or any other Agency action under
Executive Order 13045, entitled Protection of Children from
Environmental Health Risks and Safety Risks (62 FR 19885, April 23,
1997). This action does not involve any technical standards that would
require Agency consideration of voluntary consensus standards pursuant
to section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 104-13, section 12(d) (15 U.S.C. 272
note). Pursuant to the Regulatory Flexibility Act (RFA) (5 U.S.C. 601
et seq.), the Agency previously assessed whether establishment of
tolerances, exemptions from tolerances, raising of tolerance levels,
expansion of exemptions, or revocations might significantly impact a
substantial number of small entities and concluded that, as a general
matter, these actions do not impose a significant economic impact on a
substantial number of small entities. These analyses for tolerance
establishments and modifications, and for tolerance revocations were
published on May 4, 1981 (46 FR 24950) and on December 17, 1997 (62 FR
66020) (FRL-5753-1), respectively, and were provided to the Chief
Counsel for Advocacy of the Small Business Administration. Taking into
account this analysis, and available information concerning the
pesticides listed in this rule, the Agency hereby certifies that this
final rule will not have a significant economic impact on a substantial
number of small entities. In a memorandum dated May 25, 2001, EPA
determined that eight conditions must all be satisfied in order for an
import tolerance or tolerance exemption revocation to adversely affect
a significant number of small entity importers, and that there is a
negligible joint probability of all eight conditions holding
simultaneously with respect to any particular revocation. (This Agency
document is available in the docket, as mentioned in Unit II.A.).
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
[[Page 54578]]
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.
V. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report 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: September 13, 2007.
Anne E. Lindsay,
Acting Director, Office of Pesticide Programs.
0
Therefore, 40 CFR chapter I is amended as follows:
PART 180--[AMENDED]
0
1. The authority citation for part 180 continues to read as follows:
Authority: 21 U.S.C. 321(q), 346a and 371.
0
2. Section 180.198 is revised to read as follows:
Sec. 180.198 Trichlorfon; tolerances for residues.
(a) General. Tolerances are established for residues of the
insecticide trichlorfon (dimethyl (2,2,2-trichloro-1-hydroxyethyl)
phosphonate) in or on the following food commodities:
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Cattle, fat\1\............................................. 0.5
Cattle, meat\1\............................................ 0.2
Cattle, meat byproducts\1\................................. 0.1
------------------------------------------------------------------------
\1\ There are no U.S. registrations for cattle commodities as of June
24, 1999.
(b) Section 18 emergency exemptions. [Reserved]
(c) Tolerances with regional registrations. [Reserved]
(d) Indirect or inadvertent residues. [Reserved]
0
3. Section 180.330 is revised to read as follows:
Sec. 180.330 S-(2-(Ethylsulfinyl)ethyl) O,O-dimethyl
phosphorothioate; tolerances for residues.
(a) General. (1) Tolerances are established for the combined
residues of the insecticide oxydemeton-methyl (S-(2-
(ethylsulfinyl)ethyl) O,O-dimethyl phosphorothioate) and its metabolite
oxydemeton-methyl sulfone in or on the following food commodities:
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Alfalfa, forage............................................ 5.0
Alfalfa, hay............................................... 11.0
Bean, lima................................................. 0.2
Beet, sugar, roots......................................... 0.3
Beet, sugar, tops.......................................... 0.5
Broccoli................................................... 1.0
Brussels sprouts........................................... 1.0
Cabbage.................................................... 2.0
Cauliflower................................................ 1.0
Clover, forage............................................. 5.0
Clover, hay................................................ 10.0
Corn, sweet, forage........................................ 1.0
Corn, sweet, kernel plus cob with husks removed............ 0.5
Corn, sweet, stover........................................ 3.0
Cotton, undelinted seed.................................... 0.02
Cucumber................................................... 1.0
Eggplant................................................... 1.0
Grapefruit................................................. 1.0
Hazelnut................................................... 0.05
Lemon...................................................... 1.0
Lettuce, head.............................................. 2.0
Melon...................................................... 0.2
Onion, bulb................................................ 0.05
Orange..................................................... 1.0
Pepper..................................................... 0.75
Peppermint, tops........................................... 12.5
Pumpkin.................................................... 0.2
Safflower, seed............................................ 1.0
Sorghum, forage, forage.................................... 2.0
Sorghum, grain, forage..................................... 2.0
Sorghum, grain, grain...................................... 0.75
Spearmint, tops............................................ 12.5
Squash, summer............................................. 1.0
Squash, winter............................................. 0.3
Strawberry................................................. 2.0
Walnut..................................................... 0.05
------------------------------------------------------------------------
(2) Tolerances are established for the combined residues of the
insecticide oxydemeton-methyl (S-(2-(ethylsulfinyl)ethyl) O,O-dimethyl
phosphorothioate) and its cholinesterase-inhibiting metabolites in or
on the following food commodities:
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Cattle, fat................................................ 0.01
Cattle, meat............................................... 0.01
Cattle, meat byproducts.................................... 0.01
Egg........................................................ 0.01
Goat, fat.................................................. 0.01
Goat, meat................................................. 0.01
Goat, meat byproducts...................................... 0.01
Hog, fat................................................... 0.01
Hog, meat.................................................. 0.01
Hog, meat byproducts....................................... 0.01
Horse, fat................................................. 0.01
Horse, meat................................................ 0.01
Horse, meat byproducts..................................... 0.01
Milk....................................................... 0.01
Poultry, fat............................................... 0.01
Poultry, meat.............................................. 0.01
Poultry, meat byproducts................................... 0.01
Sheep, fat................................................. 0.01
Sheep, meat................................................ 0.01
Sheep, meat byproducts..................................... 0.01
------------------------------------------------------------------------
(b) Section 18 emergency exemptions. [Reserved]
[[Page 54579]]
(c) Tolerances with regional registrations. Tolerances with
regional registrations, as defined in Sec. 180.1(m), are established
for the combined residues of the insecticide oxydemeton-methyl (S-(2-
(ethylsulfinyl)-ethyl) O,O-dimethyl phosphorothioate) and its
metabolite oxydemeton-methyl sulfone in or on the following food
commodities:
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Broccoli raab.............................................. 2.0
------------------------------------------------------------------------
(d) Indirect or inadvertent residues. [Reserved]
0
4. Section 180.404 is amended by revising paragraph (a) to read as
follows:
Sec. 180.404 Profenofos; tolerances for residues.
(a) General. Tolerances are established for residues of the
insecticide profenofos (O-(4-bromo-2-chlorophenyl)-O-ethyl-S-propyl
phosphorothioate) in or on the following food commodities:
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Cattle, fat................................................ 0.05
Cattle, meat............................................... 0.05
Cattle, meat byproducts.................................... 0.05
Cotton, gin byproducts..................................... 55.0
Cotton, undelinted seed.................................... 2.0
Goat, fat.................................................. 0.05
Goat, meat................................................. 0.05
Goat, meat byproducts...................................... 0.05
Horse, fat................................................. 0.05
Horse, meat................................................ 0.05
Horse, meat byproducts..................................... 0.05
Milk....................................................... 0.01
Sheep, fat................................................. 0.05
Sheep, meat................................................ 0.05
Sheep, meat byproducts..................................... 0.05
------------------------------------------------------------------------
* * * * *
[FR Doc. E7-18869 Filed 9-25-07; 8:45 am]
BILLING CODE 6560-50-S
