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bensulide (Betasan, Prefar) Tolerance Revocations 6/02

ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[OPP-2002-0085; FRL-7182-5]
Atrazine, Bensulide, Diphenamid, Imazalil, 6-Methyl-1,3-
dithiolo[4,5-b]quinoxalin-2-one, Phosphamidon S-Propyl
dipropylthiocarbamate, and Trimethacarb; Tolerance Revocations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: This document revokes specific tolerances for residues of the
insecticides phosphamidon and trimethacarb; the herbicides atrazine, S-
(O,O-diisopropyl phosphorodithioate) ester of N-(2-mercaptoethyl)
benzenesulfonamide, known as bensulide, S-propyl dipropylthiocarbamate,
known as vernolate, and diphenamid; the fungicide imazalil; and the
fungicide/insecticide 6-methyl-1,3-dithiolo[4,5-b]quinoxalin-2-one
(oxythioquinox) because these pesticides are no longer registered on
certain food uses in the United States. The regulatory actions in this
final rule 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 2002 to reassess 66% of the
tolerances in existence on August 2, 1996, or about 6,400 tolerances.
The regulatory actions in this document pertain to the revocation of 75
tolerances which are counted among tolerance/exemption reassessments
made toward the August 2002 review deadline.
DATES: This regulation is effective October 15, 2002. Objections and
requests for hearings, identified by docket ID number OPP-2002-0085,
must be received by EPA on or before September 16, 2002.
ADDRESSES: Written objections and hearing requests may be submitted by
mail, in person, or by courier. Please follow the detailed instructions
for each method as provided in Unit IV. of the SUPPLEMENTARY
INFORMATION. To ensure proper receipt by EPA, your objections and
hearing requests must identify docket ID number OPP-2002-0085 in the
subject line on the first page of your response.
FOR FURTHER INFORMATION CONTACT: By mail: Joseph Nevola, Special Review
and Reregistration Division (7508C), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460; 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 affected by this action if you are an agricultural
producer, food manufacturer, or pesticide manufacturer. Potentially
affected categories and entities may include, but are not limited to:
------------------------------------------------------------------------
                                                          Examples of
           Categories                 NAICS codes         potentially
                                                       affected entities
------------------------------------------------------------------------
Industry                          111                 Crop production
                                  112                 Animal production
                                  311                 Food manufacturing
                                  32532               Pesticide
                                                       manufacturing
------------------------------------------------------------------------
    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 the table could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether or not this action might apply to certain entities. If you have
questions regarding the applicability of this action to a particular
entity, consult the person listed under FOR FURTHER INFORMATION
CONTACT.
B. How Can I Get Additional Information, Including Copies of this
Document and Other Related Documents?
    1. Electronically. You may obtain electronic copies of this
document, and certain other related documents that might be available
electronically, from the EPA Internet Home Page at http://www.epa.gov/.
To access this document, on the Home Page select ``Laws and
Regulations,'' ``Regulations and Proposed Rules,'' and then look up the
entry for this document under the ``Federal Register--Environmental
Documents.'' You can also go directly to the Federal Register listings
at http://www.epa.gov/fedrgstr/. A frequently updated electronic
version of 40 CFR part 180 is available at http://www.access.gpo.gov/nara/cfr/cfrhtml_00/Title_40/40cfr180_00.html, a beta site currently
under development.
    2. In person. The Agency has established an official record for
this action under docket ID number OPP-2002-0085. The official record
consists of the documents specifically referenced in this action, and
other information related to this action, including any information
claimed as Confidential Business Information (CBI). This official
record includes the documents that are physically located in the
docket, as well as the documents that are referenced in those
documents. The public version of the official record does not include
any information claimed as CBI. The public version of the official
record, which includes printed, paper versions of any electronic
comments submitted during an applicable comment period is available for
inspection in the Public Information and Records Integrity Branch
(PIRIB), Rm. 119, Crystal Mall #2, 1921 Jefferson Davis Hwy.,
Arlington, VA, from 8:30 a.m. to 4 p.m., Monday through Friday,
excluding legal holidays. The PIRIB telephone number is (703) 305-5805.
II. Background
A. What Action is the Agency Taking?
    In the Federal Register of August 1, 2001 (66 FR 39709) (FRL-6787-
3), EPA issued a proposed rule to revoke the tolerances listed in this
final rule. Also, the August 1, 2001 proposal invited public comment
for consideration and for support of tolerance retention under FFDCA
standards.
    This final rule revokes certain FFDCA tolerances for residues of
the insecticides phosphamidon and trimethacarb; the herbicides
atrazine, bensulide, diphenamid, and vernolate; the fungicide imazalil;
and the fungicide/insecticide oxythioquinox in or on specified
commodities listed in the regulatory text because these pesticides are
not registered under FIFRA for uses on those commodities. The
tolerances revoked by this final rule are no longer necessary to cover
residues of the relevant pesticides in or on certain domestically
treated commodities or commodities treated outside but imported into
the United States. These pesticides are no longer used on those
specified commodities within the United States. No one commented that
there was a need for EPA to retain these tolerances to cover residues
in or on imported foods. EPA has historically expressed a concern that
retention of tolerances that are not necessary to cover residues in or
on legally treated foods has the potential to encourage misuse of
pesticides within the United States. Thus, it is EPA's policy to issue
a final rule revoking those tolerances for residues of pesticide
chemicals for which there are no active registrations under FIFRA,
unless any person commenting on the proposal demonstrates a need for
the tolerance to cover residues in or on imported commodities or
domestic commodities legally treated.
    Generally, EPA will proceed with the revocation of these tolerances
on the grounds discussed above if: (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, or (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 August 1,
2001 (66 FR 39709), EPA did receive comment regarding the need to
retain carbofuran tolerances and fumaric acid tolerance exemptions, as
follows:
    1. Carbofuran. EPA received a comment from FMC Corporation, who
expressed opposition to the proposed revocation of the rice and rice,
straw tolerances on the basis of a 1991 settlement agreement reached
between FMC and EPA. Also, FMC cited use of carbofuran for control of
rice pests in numerous countries and stated that the rice tolerances
should be retained to allow importation of carbofuran-treated rice.
    Agency response. In 1999, EPA notified FMC Corporation that the
Agency would not authorize any further production of granular
carbofuran for rice in the 1999 season and beyond. Distribution, sale,
and use of existing stocks of granular carbofuran on rice after August
31, 1999, were prohibited except in California, where due to unique
transition issues, rice growers in California were permitted to use
existing stocks of carbofuran on rice until August 2000. On August 1,
2001 (66 FR 39709), EPA proposed to revoke the tolerances for residues
of the insecticide carbofuran and its metabolites in or on rice and
rice, straw with an expiration/revocation date of August 31, 2002 to
allow treated commodities to pass through the channels of trade.
Because in a comment to the proposed rule, FMC Corporation expressed a
need for the retention of these tolerances for import purposes and
because FMC agreed to support these tolerances according to EPA's
guidance on pesticide import tolerances and residue data for imported
food published in the Federal Register of June 1, 2000 (65 FR 35069)
(FRL-6559-3), EPA will not revoke the tolerances in 40 CFR 180.254 for
rice and rice, straw at this time. When the submitted data have been
reviewed, EPA will re-evaluate these tolerances under FFDCA. If these
data requirements are not met, EPA will finalize the revocation of the
carbofuran rice tolerances.
    Concerning fumaric acid, the following comment was received:
    2. Fumaric acid. EPA received a comment from Keller and Heckman
LLP, who on behalf of a client, requested the retention of the current
exemptions for fumaric acid in 40 CFR 180.2. The commenter stated that
a client will, in the near future, submit an application for the
registration of a pesticide containing fumaric acid. Also, the
commenter claimed that since fumaric acid had been reassessed and
determined to be safe by EPA and that additional data to support the
exemptions need not be required. In addition, the commenter asked that
his comments be considered a petition to establish an inert tolerance
exemption in 40 CFR 180.1001(d) as a reinstatement for an exemption
revoked in a final rule published in the Federal Register of October
26, 1998 (63 FR 57062) (FRL-6035-8).
    Agency response. EPA is still evaluating the issues described in
the comment. Therefore, at this time, EPA will not take final action on
the tolerance exemptions in 40 CFR 180.2 for residues of the fungicide
fumaric acid on raw agricultural commodities and on animal products or
in 40 CFR 180.1001(d) on the tolerance exemption for the inert use of
fumaric acid-isophthalic acid-styrene-ethylene/propylene glycol
copolymer in pesticide formulations applied to growing crops only.
    No comments were received by the Agency concerning the following.
    3. Atrazine. The Agency is revoking the tolerances in 40 CFR
180.220 for use of atrazine and its metabolites on orchardgrass and
orchardgrass hay because atrazine is no longer registered for these
uses. EPA proposed these tolerance revocations in the Federal Register
of August 1, 2001 (66 FR 39709) and also previously on February 5, 1998
(63 FR 5907) (FRL-5743-9). In response to a comment in 1998 from the
Washington State Department of Agriculture that active registrations
for atrazine use on grass existed, EPA did not take final action on the
tolerances in 40 CFR 180.220 for use of atrazine on grass, range;
orchardgrass; and orchardgrass, hay as published in the Federal
Register (63 FR 57067, October 26, 1998) (FRL-6035-6). However, the
orchardgrass use for atrazine was canceled in 1989 due to non-payment
of maintenance fees and therefore the tolerances should be revoked. EPA
believes that sufficient time has passed for exhaustion of stocks for
those labeled uses and for treated commodities to have cleared channels
of trade. Also, in 40 CFR 180.220, EPA is removing the ``(N)''
designation from all entries to conform to current Agency
administrative practice (``N'' designation means negligible residues).
    At this time, EPA will not take final action on the tolerance in 40
CFR 180.220 for use of atrazine and its metabolites on ``grass, range''
because there are existing 24(c) food-use registrations.
    4. Bensulide. EPA is revoking the tolerance for residues of the
herbicide S-(O,O-Diisopropyl phosphorodithioate) ester of N-(2-
mercaptoethyl) benzenesulfonamide, known as bensulide, and its oxygen
analog in or on cottonseed in 40 CFR 180.241 because bensulide is not
registered under FIFRA for use on cotton. On September 30, 1994, a
6(f)(1) notice of receipt of the voluntary use deletion request by the
registrant was published in the Federal Register (59 FR 34065) (FRL-
4912-1). EPA believes that existing stocks have been used and any
treated commodity has passed through the channels of trade.
    5. Diphenamid. Diphenamid has not had active registrations under
FIFRA since 1991. EPA believes that existing stocks have been used and
any treated commodity has passed through the channels of trade. EPA is
revoking the tolerances in 40 CFR 180.230 for residues of the herbicide
diphenamid and its metabolite in or on apples; cattle, fat; cattle,
mbyp; cattle, meat; cotton forage; cottonseed; fruiting vegetables;
goats, fat; goats, mbyp; goats, meat; hogs, fat; hogs, mbyp; hogs,
meat; horses, fat; horses, mbyp; horses, meat; milk; okra; peaches;
peanut forage; peanut hay; peanuts; potatoes; sheep, fat; sheep, mbyp;
sheep, meat; raspberries; soybean forage; soybean hay; soybeans;
strawberries; and sweet potatoes. Therefore, the Agency is removing 40
CFR 180.230 in its entirety.
    6. Imazalil. On May 24, 2000 (65 FR 33703) (FRL-6041-9), the
tolerance for cottonseed, formerly codified in 40 CFR 180.413(a) was
recodified in 40 CFR 180.413(a)(1). EPA is revoking the tolerance in 40
CFR 180.413(a)(1) for the combined residues of the fungicide imazalil
and its metabolite in or on cottonseed because imazalil is not
registered under FIFRA for use on cotton. There have been no active
registrations for imazalil use on cotton commodities since December
1991.
    7. 6-Methyl-1,3-dithiolo[4,5-b]quinoxalin-2-one. Because the
fungicide/insecticide 6-methyl-1,3-dithiolo[4,5-b]
quinoxalin-2-one
(oxythioquinox) has no registered uses under FIFRA, EPA is revoking the
tolerances in 40 CFR 180.338 for residues of oxythioquinox in or on
apples; apricots; cattle, fat; cattle, mbyp; cattle, meat; citrus
fruits; goats, fat; goats, mbyp; goats, meat; hogs, fat; hogs, mbyp;
hogs, meat; horses, fat; horses, mbyp; horses, meat; macadamia nuts;
milk; pears; sheep, fat; sheep, mbyp; sheep, meat; and walnuts. In the
Federal Register of March 17, 1999 (64 FR 13191) (FRL-6067-8), EPA
announced receipt of a request for voluntary cancellation of
oxythioquinox, also known as chinomethionate. The Agency permitted
distribution and sale for 18 months after the effective date of
cancellation on October 27, 1999, and end users were permitted an
additional year for use of existing stocks.
    On August 1, 2001 (66 FR 39709), EPA proposed an expiration/
revocation date of August 1, 2002, for the 22 tolerances for
oxythioquinox in 40 CFR 180.338, to allow any treated commodities to
pass through the channels of trade. No comment was received on
oxythioquinox. The Agency is revoking these oxythioquinox tolerances
effective 90 days following publication of this final rule in the
Federal Register, which is October 15, 2002.
    8. Phosphamidon. EPA is revoking the tolerance in 40 CFR 180.239
for residues of the insecticide phosphamidon including all of its
related cholinesterase-inhibiting compounds in or on apples with an
expiration/revocation date of December 31, 2002, to allow any treated
commodities to pass through the channels of trade.
    EPA proposed this tolerance revocation for phosphamidon in the
Federal Register of August 1, 2001 (66 FR 39709) and also, previously
on January 21, 1998 (63 FR 3057) (FRL-5743-8). In 1998, comments were
received from the Washington State Department of Agriculture and
Northwest Wholesale, Inc. which requested that EPA not revoke the
tolerance for phosphamidon on apples due to concerns about existing
stocks. The Agency did not revoke the tolerance for phosphamidon on
apples at that time (63 FR 57062, October 26, 1998) (FRL-6035-8).
Subsequently, the Agency was informed by the Washington State
Department of Agriculture that based on review of the pests controlled
by phosphamidon, efficacy of registered alternatives, estimates of
remaining stocks of phosphamidon, and use/disposal of remaining unused
stocks, retention of the tolerance for phosphamidon on apples until
December 31, 2002, would allow growers to use up existing stocks and
allow treated apples to pass through the channels of trade.
    Therefore, EPA is revoking the tolerance in 40 CFR 180.239 for
residues of phosphamidon including all of its related cholinesterase-
inhibiting compounds in or on apples with an
expiration/revocation date of December 31, 2002. Because the tolerance
with its revocation date will remain in 40 CFR 180.239, EPA is also
revising the commodity name from ``apples'' to ``apple'' in order to
conform to current Agency administrative practice.
    9. S-Propyl dipropylthiocarbamate. Because there are no registered
uses for S-Propyl dipropylthiocarbamate (vernolate), EPA is revoking
the tolerances in 40 CFR 180.240 for vernolate residues in or on corn,
fodder; corn, forage; corn, fresh (inc. sweet)(K+CWHR); corn, grain;
peanuts; peanut, forage; peanut, hay; potatoes; soybeans; soybean,
forage; soybean, hay; and sweet potatoes. In the notice of receipt of
the request for voluntary cancellation of vernolate, EPA agreed that
registrants were permitted to sell and distribute existing stocks of
vernolate until February 1, 2000; that distributors were permitted to
sell and distribute existing stocks of vernolate until February 1,
2001; and that end users are permitted to use existing stocks until
February 1, 2002 (March 3, 1999, 64 FR 10296) (FRL-6061-9).
    On August 1, 2001 (66 FR 39709), EPA proposed an expiration/
revocation date of May 1, 2002 for all vernolate tolerances in 40 CFR
180.240. No comment was received on vernolate. Because that date has
passed, the Agency is revoking these vernolate tolerances effective 90
days following publication of this final rule in the Federal Register,
which is October 15, 2002, to ensure that all affected parties receive
notice of EPA's actions.
    10. Trimethacarb. EPA is revoking the tolerance for residues of the
insecticide 3,4,5-trimethylphenyl methylcarbamate and 2,3,5-
trimethylphenyl methylcarbamate, known as trimethacarb, in or on corn,
field, grain; corn, fodder; corn, forage; and corn, pop, grain in 40
CFR 180.305 because trimethacarb is no longer registered under FIFRA
for use on corn. Therefore, the Agency is removing 40 CFR 180.305 in
its entirety.
    EPA proposed these tolerance revocations for trimethacarb in the
Federal Register of August 1, 2001 (66 FR 39709) and also previously on
January 21, 1998 (63 FR 3057). In 1998, a comment was received from
Drexel Chemical Company which requested that EPA not revoke the
tolerances for trimethacarb until Drexel determined the state of
existing stocks. As a result of that comment, the Agency did not take
action on trimethacarb at that time (October 26, 1998, 63 FR 57062).
Subsequently, the Agency was informed by Drexel that end-users would
exhaust existing stocks of trimethacarb by mid-May 1999. Therefore, the
Agency is making the revocations as given in the regulatory text.
B. What is the Agency's Authority for Taking this Action?
    It is EPA's general practice to propose revocation of tolerances
for residues of pesticide active ingredients on crop uses for which
FIFRA registrations no longer exist. EPA has historically been
concerned that retention of tolerances that are not necessary to cover
residues in or on legally treated foods may encourage misuse of
pesticides within the United States. Nonetheless, EPA will establish
and maintain tolerances even when corresponding domestic uses are
canceled if the tolerances, which EPA refers to as ``import
tolerances,'' are necessary to allow importation into the United States
of food containing such pesticide residues. However, where there are no
imported commodities that require these import tolerances, the Agency
believes it is appropriate to revoke tolerances for unregistered
pesticides in order to prevent potential misuse.
C. When Do These Actions Become Effective?
    The tolerance for phosphamidon on apples expires on December 31,
2002. With the exception of the aforementioned pesticide tolerance
revocation, the remaining tolerance revocations for atrazine,
bensulide, diphenamid, imazalil, 6-methyl-1,3-dithiolo[4,5-
b]quinoxalin-2-one (oxythioquinox), S-propyl dipropylthiocarbamate
(vernolate), and trimethacarb are effective 90 days following
publication of this final rule in the Federal Register, which is
October 15, 2002, to ensure that all affected parties receive notice of
EPA's actions. For this final rule, tolerances that were revoked
because registered uses did not exist concerned uses which have been
canceled for more than a year. Therefore, commodities containing these
pesticide residues should have cleared the channels of trade.
    Any commodities listed in the regulatory text of this document that
are treated with the pesticides subject to this final rule, and that
are in the channels of trade following the tolerance revocations, shall
be subject to FFDCA section 408(1)(5), as established by the FQPA.
Under this section, any residue of these pesticides in or on such food
shall not render the food adulterated so long as it is shown to the
satisfaction of FDA that, (1) The residue is present as the result of
an application or use of the pesticide at a time and in a manner that
was lawful under FIFRA, 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 a tolerance. Evidence
to show that food was lawfully treated may include records that verify
the dates that the pesticide was applied to such food.
D. What is the Contribution to Tolerance Reassessment?
    By law, EPA is required by August 2002 to reassess 66% or about
6,400 of the tolerances in existence on August 2, 1996. EPA is also
required to assess the remaining tolerances by August 2006. As of July
1, 2002, EPA has reassessed over 5,400 tolerances. In this final rule,
EPA is revoking a total of 75 tolerances which count as reassessments
toward the August 2002 review deadline of FFDCA section 408(q), as
amended by FQPA in 1996.
III. Are There Any International Trade Issues Raised by this Final
Action?
    EPA is working to ensure that the U.S. tolerance reassessment
program under FQPA does not disrupt international trade. EPA considers
Codex Maximum Residue 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 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 Reregistration Eligibility Decisions. EPA has developed
guidance concerning submissions for import tolerance support (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
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-2002-0085 in the subject line on the
first page of your submission. All requests must be in writing, and
must be mailed or delivered to the Hearing Clerk on or before September
16, 2002.
    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 (1900),
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460. You may also deliver your request to the Office
of the Hearing Clerk in Rm. C400, Waterside Mall, 401 M St., SW.,
Washington, DC 20460. 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) 260-4865.
    2. Objection/hearing fee payment. If you file an objection or
request a hearing, you must also pay the fee prescribed by 40 CFR
180.33(i) or request a waiver of that fee pursuant to 40 CFR 180.33(m).
You must mail the fee to: EPA Headquarters Accounting Operations
Branch, Office of Pesticide Programs, P.O. Box 360277M, Pittsburgh, PA
15251. Please identify the fee submission by labeling it ``Tolerance
Petition Fees.''
    EPA is authorized to waive any fee requirement ``when in the
judgement of the Administrator such a waiver or refund is equitable and
not contrary to the purpose of this subsection.'' For additional
information regarding the waiver of these fees, you may contact James
Tompkins by phone at (703) 305-5697, by e-mail at tompkins.jim@epa.gov,
or by mailing a request for information to Mr. Tompkins at Registration
Division (7505C), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
    If you would like to request a waiver of the tolerance objection
fees, you must mail your request for such a waiver to: James Hollins,
Information Resources and Services Division (7502C), Office of
Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460.
    3. Copies for the Docket. In addition to filing an objection or
hearing request with the Hearing Clerk as described in Unit IV.A., you
should also send a copy of your request to the PIRIB for its inclusion
in the official record that is described in Unit I.B.2. Mail your
copies, identified by docket ID number OPP-2002-0085, 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.
In person or by courier, bring a copy to the location of the PIRIB
described in Unit I.B.2. 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. Regulatory Assessment Requirements
    This final rule will revoke tolerances established under FFDCA
section 408. 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 final rule has been exempted from review
under Executive Order 12866 due to its lack of significance, this final
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 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, I
certify that this action will not have a significant economic impact on
a substantial number of small entities. Specifically, as per the 1997
notice, EPA has reviewed its available data on imports and foreign
pesticide usage and concludes that there is a reasonable international
supply of food not treated with canceled
pesticides. Furthermore, 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 FFDCA section 408(n)(4). 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. Submission to Congress and the Comptroller General
    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: June 26, 2002.
James Jones,
Acting Director, Office of Pesticide Programs.
    Therefore, 40 CFR part 180 is amended as follows:
PART 180--[AMENDED]
    1. The authority citation for part 180 continues to read as
follows:
    Authority: 21 U.S.C. 321(q), 346(a) and 371.
Sec. 180.220  [Amended]
    2. Section 180. 220 is amended by removing the ``(N)'' designation
wherever it appears in the ``Parts per million'' column in the table
under paragraph (a)(1), and by removing the entries for
``Orchardgrass'' and ``Orchardgrass, hay'' from the table in paragraph
(a)(2).
Sec. 180.230  [Removed]
    3. Section 180.230 is removed.
    4. Section 180.239 is revised to read as follows:
Sec. 180.239  Phosphamidon; tolerances for residues.
    (a) General. Tolerances (expressed as phosphamidon) for residues of
the insecticide phosphamidon (2-chloro-2-diethylcarbamoyl-1-methylvinyl
dimethyl phosphate) including all of its related cholinesterase-
inhibiting compounds in or on raw agricultural commodities are
established as follows:
----------------------------------------------------------------------------------------------------------------
                     Commodity                          Parts per million         Expiration/Revocation Date
----------------------------------------------------------------------------------------------------------------
Apple.............................................. 1.0                            12/31/02
----------------------------------------------------------------------------------------------------------------
    (b) Section 18 emergency exemptions. [Reserved]
    (c) Tolerances with regional registrations. [Reserved]
    (d) Indirect or inadvertent residues. [Reserved]
Sec. 180.240  [Removed]
    5. Section 180.240 is removed.
Sec. 180.241  [Amended]
    6. Section 180.241 is amended by removing the word ``cottonseed.''
Sec. 180.305  [Removed]
    7. Section 180.305 is removed.
Sec. 180.338  [Removed]
    8. Section 180.338 is removed.
Sec. 180.413  [Amended]
    9. Section 180.413 is amended by removing the entry for
``cottonseed'' from the table in paragraph (a)(1).
[FR Doc. 02-17870 Filed 7-16-02; 8:45 am]