PMEP Home Page --> Pesticide Active Ingredient Information --> Herbicides, Growth Regulators, and Desiccants --> Herbicides, S to Z --> Terbacil --> Terbacil - Tolerance Actions 11/01

Terbacil - Tolerance Actions 11/01

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[OPP-300734A; FRL-6804-4]
RIN 2070-AB78

4-Amino-6-(1,1-dimethylethyl)-3-(methylthio)-1,2,4-triazin-5(4H)-
one [Metribuzin], Dichlobenil, Diphenylamine, Sulprofos, Pendimethalin,
and Terbacil; Tolerance Actions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This final rule establishes, modifies, and revokes specific
tolerances for residues of the herbicides dichlobenil, metribuzin,
pendimethalin, and terbacil; the plant growth regulator diphenylamine,
and the insecticide sulprofos. EPA is revoking certain tolerances
because EPA has canceled the food uses associated with them. The
regulatory actions proposed in this final rule are part of the Agency's
reregistration program under the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA), and the 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. This final rule
revokes 29 tolerances, but only one tolerance reassessment (sulprofos)
is counted here toward the August, 2002 review deadline. The tolerances
associated with the other 28 revocations were reassessed and counted
previously through the Reregistration Eligibility Decision (RED)
process.

DATES: This regulation is effective March 5, 2002. Objections and
requests for hearings, identified by docket control number OPP-300734A,
must be received by EPA on or before February 4, 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 control number OPP-300734A 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; and 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            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_180/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 control number OPP-300734A. 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?

     This final rule establishes, modifies, and revokes the tolerances
for residues of 4-Amino-6-(1,1-dimethylethyl)-3-(methylthio)-1,2,4-
triazin-5(4H)-one, metribuzin, dichlobenil, diphenylamine, sulprofos,
pendimethalin, and terbacil in or on certain specified commodities.
     The tolerances revoked by this 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. These pesticides are no longer used on those specified
commodities within the United States, and no one commented that there
was a need for EPA to retain the 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 could potentially 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.
     Today's final rule does not revoke or modify those tolerances for
which EPA received comments demonstrating a need for the tolerance to
remain as currently expressed. Generally, EPA will proceed with the
revocation or modification of these tolerances on the grounds discussed
above only if: (i) 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, (ii) EPA
independently verifies that the tolerance is no longer needed or should
be otherwise modified, or (iii) the tolerance is not supported by data
that demonstrate that the tolerance meets the requirements under FQPA.
     In the Federal Register of October 16, 1998 (63 FR 55565) (FRL-
6035-7), EPA issued a proposed rule to establish, revise, or revoke the
tolerances listed in this final rule. EPA proposed revocations
pertaining to pesticides whose registrations were canceled because the
registrant failed to pay the required maintenance fee and/or the
registrant voluntarily canceled all registered uses associated with the
tolerance revocations for these pesticides. Also, the October 16, 1998
proposal invited public comment for consideration and for support of
tolerance retention under FFDCA standards.
     The following comments were received by the Agency in response to
the document published on October 16, 1998:
     1. Diphenylamine. A comment was received from the European Union
(EU) that expressed concern with EPA's proposed actions to establish
0.01 ppm (the limit of detection) for residues of diphenylamine in
milk, meat, fat, and meat byproducts (excluding liver) of cattle,
goats, horses, and sheep. The EU believed that EPA's evaluation
appeared to consider the limit of detection as the only acceptable
limit for all the commodities listed. The EU argued that an accurate
study of animal metabolism has not been carried out by EPA before
taking such action.
     Also, the EU wrote that the European Community did an evaluation
which let to different proposed Maximum Residue Limits (MRLs) for diphenylamine
about two years prior to the proposed rule. In addition, the EU
believed that a clear import tolerance and pesticide policy had not
been established by the Agency.
     Agency response. A Reregistration Eligibility Decision (RED) for
diphenylamine was approved on September 30, 1997. Through the RED
process, EPA determined that the tolerances recommended in the RED
document met the safety standards under FQPA. In particular, adequate
data indicate that tolerances for residues in milk and meat could be
increased from the current level of 0.0 ppm and established as separate
tolerances set at 0.01 ppm. Both a 1996 study on edible tissues and
milk from lactating dairy cows, and a 1996 study on milk and tissues
from lactating goats are cited in the bibliography of the RED regarding
tolerance recommendations for milk and meat, fat, and meat byproducts
(excluding liver) of cattle, goats, horses, and sheep. The Agency
believes that these data sufficiently support EPA's finding.
     When possible, EPA seeks to harmonize U.S. tolerances with Codex
MRLs, although EPA may establish a tolerance that is different. In this
case, differences between Codex and U.S. tolerances on milk and meat at
0.01 ppm is justified by data. Further, no diphenylamine Codex MRLs are
listed for milk or meat in the Food and Agriculture Organization of the
United Nations Statistical (FAOSTAT) database for pesticide residues in
food, as of the last update on September 2, 1999. Also, no
diphenylamine MRLs are listed for milk or meat in the EU MRLs listed in
EU's Food Safety database for pesticide residues, as of the last update
on March 12, 2001.
     Since the time when the EU comment on import tolerances was
received, EPA published in the Federal Register on June 1, 2000 (65 FR
35069) (FRL-6559-3) an import tolerance guidance entitled "Pesticides;
Guidance on Pesticide Import Tolerances and Residue Data for Imported
Food; Request for Comment." In this document, EPA solicited comments
on the approach reflected in the guidance on how to obtain an import
tolerance, both for establishing new import tolerances and for
modifying or maintaining existing U. S. tolerances for import purposes
when U.S. uses or registrations are canceled.
     Therefore, EPA is establishing tolerances in 40 CFR 180.190 for
diphenylamine at 0.01 ppm for milk, meat, fat, and meat byproducts,
except liver of cattle, goats, horses, and sheep. Also, EPA is
establishing separate tolerances at 0.1 ppm for liver of cattle, goats,
horses, and sheep. In addition, EPA is establishing a tolerance at 30
ppm for "apple, wet pomace" because data from an adequate apple
processing study indicate that it is needed. EPA is changing the name
of the commodity tolerance "apple, preharvest or postharvest,
including wraps" in 40 CFR 180.190 to "apple from preharvest or
postharvest use, including use of impregnated wraps" to conform to
current Agency practice.
     2. Terbacil. Comment from DuPont Agricultural Products. A comment
was received by the Agency from DuPont Agricultural Products agreeing
with the proposed reassessment action for terbacil and the EPA Terbacil
RED that the tolerance definition listed under 40 CFR 180.209(a) and
(b) should be identical for all commodities, and all tolerances should
be listed under one section. However, DuPont requested that the
terbacil tolerance expression should be further simplified by including
only the parent and metabolite A. DuPont claimed that analysis of all
three minor metabolites for each commodity is not needed to assure
compliance with the label directions since metabolites B and C are
rarely detected. DuPont declared that the existing tolerance levels for
terbacil are adequate to assure compliance with label directions, but
that it would be appropriate to include the more conservative, higher
levels as proposed in the October 16, 1998 document for those crops
other than alfalfa forage and hay.
     Agency response. The Agency believes the tolerances for terbacil
must include all the metabolites. A tolerance is the maximum pesticide
chemical residue allowable in or on a food from the use of a pesticide
registered under FIFRA. The term "pesticide chemical residue" is
defined under section 201(q)(2) of the FFDCA as "a pesticide chemical
or any other substance that is present on or in the commodity or food
primarily as a result of the metabolism or other degradation of a
pesticide chemical."
     EPA has determined that the pesticide chemical residues in the
tolerance expression for terbacil are the parent and its metabolites,
labelled A, B, and C. The metabolites were included in the terbacil
risk assessment as residues of toxic concern (i.e., all four chemicals
contribute to the risk) and therefore, all four should be regulated in
the tolerance expression. DuPont's comments regarding compliance with
label directions do not offer any reason why metabolites B and C should
not be regulated as pesticide chemical residues of toxic concern. The
reason for the tolerance is to limit the risk, not merely to ensure
compliance with label directions, even though such compliance may be an
important factor in limiting the risk. The Agency will maintain the
proposed tolerance expression for terbacil.
     Therefore, the tolerance expressions are unified to include
terbacil (3-tert-butyl-5-chloro-6-methyluracil) and its metabolites [3-
tert-butyl-5-chloro-6-hydroxymethyluracil], [6-chloro-2,3-dihydro-7-
hydroxymethyl 3,3-dimethyl-5H-oxazolo (3,2-a) pyrimidin-5-one], and [6-
chloro-2,3-dihydro-3,3,7-trimethyl-5H-oxazolo (3,2-a) pyrimidin-5-one],
calculated as terbacil. In accordance, 40 CFR 180.209, paragraphs
(a)(1) and (a)(2) are combined. To reflect the combined limit of
detection for terbacil and its three regulated metabolites, EPA is
increasing the tolerances for (i) peaches from 0.1 to 0.2 ppm and
revising the name to "peach," (ii) blueberries from 0.1 to 0.2 ppm
and revising the name to "blueberry," and (iii) caneberries
(blackberries, boysenberries, dewberries, loganberries, raspberries,
and youngberries) from 0.1 to 0.2 ppm and revising the name to
"caneberry." Based upon available residue data, the Agency is
increasing tolerances for (i) apples from 0.1 to 0.3 ppm and revising
the name to "apple," (ii) asparagus from 0.2 to 0.4 ppm, and (iii)
sugarcane from 0.1 to 0.4 ppm.
     Also, available data support the establishment of lower alfalfa
tolerances. Therefore, EPA is decreasing the tolerances for "alfalfa,
forage" from 5.0 to 1.0 ppm, and "alfalfa, hay" from 5.0 to 2.0 ppm.
The Agency has determined that once these tolerances on alfalfa are
decreased, the tolerances for residues of terbacil and its metabolites
on all animal commodities could be revoked because there is no
reasonable expectation of finite residues in animal commodities 40 CFR
180.6(a)(3). Therefore, EPA is revoking the tolerances in 40 CFR
180.209 for residues of terbacil and its metabolites in or on cattle,
fat; cattle, mbyp; cattle, meat; goats, fat; goats, mbyp; goats, meat;
hogs, fat; hogs, mbyp; hogs, meat; horses, fat; horses, mbyp; horses,
meat; milk, fat; sheep, fat; sheep, mbyp; and sheep, meat.
     In addition, EPA is revoking the tolerances for residues of
terbacil and its metabolites in or on pears; pecans; sainfoin, forage;
and sainfoin hay in 40 CFR 180.209 because no registered uses exist.
     Note, a tolerance for citrus fruits appeared in the table under
180.209 in the rule of October 16, 1998 (63 FR 55565) because it
existed at that time.
  However, that citrus fruits tolerance had been previously proposed for
revocation on February 5, 1998 (63 FR 5907) (FRL-5743-9) and was later
revoked in a final rule published on October 26, 1998 (63 FR 57067)
(FRL-6035-6).
     EPA is changing the name of the commodity tolerances "mint hay
(peppermint and spearmint)" given on one line in 40 CFR 180.209 by
listing the two tolerances on separate lines and revising their names
to "peppermint, tops" and "spearmint, tops" to conform to current
Agency practice. EPA is also revising the name "strawberries" to
"strawberry."
     No comments were received by the Agency concerning the following:
     3. Metribuzin. In the codification section of the proposed rule
(October 16, 1998, 63 FR 55565), EPA inadvertently listed the tolerance
for metribuzin on lentil in error as 0.5 instead of the correct level
of 0.05 ppm. That tolerance change was an unintended typographical
error. No change concerning the lentil tolerance level was proposed for
metribuzin. The name change from lentils (dried) to lentil was proposed
as one of the "other terminology changes." Therefore, EPA is changing
the tolerance name to "lentil," but the tolerance level will remain
at 0.05 ppm.
     In the proposed rule of October 16, 1998, the tolerance for
sugarcane molasses in 40 CFR 180.332 was noted to be listed incorrectly
as 0.3 ppm, and was proposed to be revised to reflect the correct
tolerance of 2 ppm (August 24, 1978, 43 FR 35915), along with a
terminology revision to "sugarcane, molasses." A final rule on May
24, 2000 (65 FR 33691) (FRL-6043-1) transferred the tolerance for
sugarcane molasses at 2.0 ppm from 185.250 to 180.332(a), increased the
existing tolerance in 40 CFR 180.332(a) for sugarcane molasses from 0.3
ppm to 2.0 ppm, and removed the duplicate entry for sugarcane molassses
at 2.0 ppm created by the transfer. Therefore, no further action in
this rule is required to implement the metribuzin RED regarding
sugarcane molasses.
     The metribuzin RED, approved on May 20, 1997, stated that the
tolerance for sweet corn should be revoked because there were no
registered uses. However, a registered use for sweet corn was approved
in August, 1997. Therefore, the tolerance for corn, fresh (inc. sweet K
+ CWHR) is not revoked. EPA is revoking the tolerance in 40 CFR 180.332
for residues of metribuzin and its metabolites in or on lentils, vine
hay because it is no longer considered a significant livestock feed
commodity; therefore a tolerance is not necessary.
     In 40 CFR 180.332, EPA is establishing tolerances for both barley,
hay and wheat, hay at 7 parts per million (ppm). EPA is increasing
tolerances for asparagus from 0.05 to 0.1 ppm and for soybeans from 0.1
to 0.3 ppm, and is revising the name from "soybeans " to "soybean,
seed." The tolerance for peas, vine hay is increased from 0.05 to 4
ppm, and the named is revised to " pea, field, hay."
     Other terminology changes are given in the regulatory text as
follows: "Alfalfa, green " to "alfalfa, forage;" "barley, milled
fractions (except flour)" to "barley, pearled barley;" "carrots "
to "carrot;" "cattle, mbyp" to "cattle, meat byproducts;" "corn,
fodder" to "corn, field, stover" and "corn, sweet, stover;"
"corn, forage" to "corn, field, forage" and "corn, sweet,
forage;" "corn, fresh (inc. sweet K+CWHR)" to "corn, sweet, kernel
plus cob with husks removed;" "corn, grain (inc. popcorn)" to
"corn, field, grain " and "corn, pop, grain;" "eggs" to "egg;"
"goats, fat;" to "goat, fat;" " goats, mbyp;" to "goat, meat
byproducts;" "goats, meat;" to "goat, meat;" "grass" to "grass,
forage;" "hogs, fat;" to "hog, fat;" "hogs, mbyp;" to "hog,
meat byproducts;" "hogs, meat;" to "hog, meat;" "horses, fat;"
to "horse, fat;" "horses, mbyp;" to "horse, meat byproducts;"
"horses, meat;" to "horse, meat;" "peas" to "pea, succulent;"
"peas (dried)" to "pea, dry, seed;" "peas, forage" to "pea,
field, vines;" "potatoes, processed (inc. potato chips)" to
"potato, processed potato waste " and "potato, chips;" "poultry,
mbyp;" to "poultry, meat byproducts;" "sainfoin" to "sainfoin,
forage;" "sheep, mbyp;" to "sheep, meat byproducts;" "soybeans,
forage" to "soybean, forage;" "soybeans, hay" to "soybean, hay;"
"sugarcane molasses" to "sugarcane, molasses;" "tomatoes" to
"tomato;" and "wheat, milled fractions (except flour)" to "wheat,
bran;" "wheat, middlings;" "wheat, shorts;" and "wheat, germ."
     4. Dichlobenil. In 40 CFR 180.231, the metabolite 2,6-
Dichlorobenzamide (BAM) is added to the tolerance expression of
dichlobenil (2,6-dichlorobenzonitrile) and the metabolite 2,6-
dichlorobenzoic acid (2,6-DCBA) is deleted from the tolerance
expression. Based upon the available residue data and to reflect the
combined residues of dichlobenil and BAM, tolerances for apples and
pears are increased from 0.15 to 0.5 ppm, and tolerances for
blackberries, cranberries, and raspberries are decreased from 0.15 to
0.10 ppm.
     EPA is revoking the tolerances for residues of dichlobenil and its
metabolite in or on almond hulls; avocados; citrus; figs; and mangoes
in 40 CFR 180.231 because no registered uses exist. The Agency is
revoking the tolerance for nuts in 40 CFR 180.231 and is establishing a
tolerance for filbert at 0.1 ppm as a separate tolerance because no
other tree nut uses are being supported by the registrant.
     Terminology changes are given in the regulatory text as follows:
"Apples" to "apple," "blackberries" to "blackberry,"
"blueberries" to "blueberry," "cranberries" to "cranberry,"
"grapes" to "grape," "pears" to " pear," "raspberries" to
"raspberry" and "stone fruits" to "fruit, stone, group."
     5. Pendimethalin. In 40 CFR 180.361, EPA is establishing a
tolerance at 0.1 ppm for rice, straw; and is increasing the tolerance
on rice grain from 0.05 to 0.1 ppm based on available field trial data
and to reflect the analytical method's limit of quantitation for the
combined residues of pendimethalin and its regulated metabolite. EPA
also combines the tolerance for garlic, listed under Sec. 180.361(c)
"Tolerances with regional registrations," with Sec. 180.361(a), which
lists tolerances for registrations without regional restriction, since
EPA has data that support a national registration and tolerance for
garlic at the same level (0.1 ppm).
     EPA is revoking the tolerance in 40 CFR 180.361 for residues of
pendimethalin and its metabolite in or on peanut, forage because it is
no longer considered a significant livestock feed commodity; therefore
a tolerance is not necessary.
     Terminology changes are given in the regulatory text as follows:
"beans, lima (dry, snap)" to "bean, lima, seed" and "bean, lima,
succulent;" "beans, forage" to "bean, forage " "beans, hay" to
"bean, hay;" "corn, fodder" to "corn, field, stover" and "corn,
sweet, stover;" "corn, forage" to "corn, field, forage" and
"corn, sweet, forage;" "corn, grain" to "corn, field, grain" and
"corn, pop, grain;" "corn, fresh (including sweet, K+CWHR)" to
"corn, sweet, kernel plus cob with husks removed;" "cottonseed" to
"cotton, undelinted seed;" "onions, dry bulb" to "onion, dry
bulb;" "peanuts" to "peanut;" "peas (except field peas)" to
"pea, succulent;" "potatoes" to "potato;" "sorghum, fodder" to
"sorghum, grain, stover;" "sorghum, grain" to "sorghum, grain,
grain;" "soybeans " to "soybean, seed;" "soybeans, forage" to
"soybean, forage;" "soybeans, hay" to "soybean, hay;" and
"sunflower, seeds" to "sunflower, seed."
     6. Sulprofos. EPA is revoking the tolerance in 40 CFR 180.542 for
residues of sulprofos and its cholinesterase-inhibiting metabolites in
cottonseed oil because no registered use exists. In the proposed
rule, the cottonseed oil tolerance was listed in 40 CFR 185.3000 (63
FR 55565); however,
that tolerance was moved into 40 CFR 180.542 and Sec. 185.3000 was
removed (65 FR 33703, May 24, 2000) (FRL-6041-9).

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

     EPA has issued Reregistration Eligibility Decisions (REDs) for the
active ingredients listed in this final rule with the exception of
sulprofos. During the reregistration process, EPA approved the
registrant's request for voluntary cancellation of sulprofos
registrations (61 FR 65218, December 11, 1996) (FRL-5573-6). No active
registrations exist for sulprofos.
     EPA may issue a regulation establishing, modifying, or revoking a
tolerance under FFDCA section 408(e). EPA is establishing, modifying,
and revoking tolerances to implement the tolerance recommendations made
during the reregistration process. As part of the reregistration
process, EPA is required to determine whether each of the amended
tolerances meets the safety standards under the Food Quality Protection
Act (FQPA). The safety finding determination is found in detail in each
RED for the active ingredient. RED recommendations, such as
establishing or modifying tolerances, require assessment under the FQPA
standard of "reasonable certainty of no harm." However, tolerance
revocations recommended in those REDs because there are no registered
uses may be revoked in this document without such assessment, because
the tolerances are no longer necessary. REDs propose certain tolerance
actions to be implemented to meet safety findings and change commodity
names and groupings in accordance with new EPA policy. Printed copies
of the REDs may be obtained from EPA's National Service Center for
Environmental Publications (EPA/NSCEP), P.O. Box 42419, Cincinnati, OH
45242-2419, telephone 1-800-490-9198; fax 513-489-8695 and from the
National Technical Information Service (NTIS), 5285 Port Royal Road,
Springfield, VA 22161, telephone 1-800-553-6847 or 703-605-6000.
Electronic copies of the RED are available on the internet at http://
www.epa.gov/pesticides/reregistration/status.htm.
     It is EPA's general practice to revoke tolerances for residues of
pesticide active ingredients on crop uses for which FIFRA registrations
no longer exist. 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?

     These actions become effective 90 days following publication of
this final rule in the Federal Register. EPA has delayed the
effectiveness of these revocations for 90 days following publication of
this final rule to ensure that all affected parties receive notice of
EPA's actions. Consequently, the effective date is March 5, 2002. 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 revocation or
modification, 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, (i) the residue is
present as the result of an application or use of the pesticide at a
time nd in a manner that was lawful under FIFRA, and (ii) 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 to reassess 66% or about 6,400 of the
tolerances in existence on August 2, 1996, by August 2002. EPA is also
required to assess the remaining tolerances by August, 2006. As of
November 27, 2001, EPA has reassessed over 3,830 tolerances. In this
document, EPA revokes 29 tolerances of which 28 were previously counted
as reassessed via the RED process. Therefore, one tolerance revocation
is counted here as a tolerance reassessment 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 REDs. The U.S. EPA has developed guidance concerning
submissions for import tolerance support (65 FR 35069, June 1, 2000)
(FRL-6559-3). This guidance will be made available to interested
persons. Electronic copies are available on the internet at
http://www.epa.gov/.
 On the Home Page select "Laws 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 control number OPP-300734A 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 February
4, 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 control number OPP-300734A, 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 establishes, modifies, and revokes 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 under Executive Order 12898,
entitled Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations (59 FR 7629, February 16, 1994);
or OMB review or any other Agency action under Executive Order 13045,
entitled Protection of Children from Environmental Health Risks and
Safety Risks (62 FR 19885, April 23, 1997). This action does not
involve any technical standards that would require Agency consideration
of voluntary consensus standards pursuant to section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (NTTAA),
Public Law 104-113, section 12(d) (15 U.S.C. 272 note). Pursuant to the
Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.), the Agency
previously assessed whether establishment of tolerances, exemptions
from tolerances, raising of tolerance levels, expansion of exemptions,
or revocations of tolerances might significantly impact a substantial
number of small entities and concluded that, as a general matter, these
actions do not impose a significant economic impact on a substantial
number of small entities. These analyses for tolerance establishments
and modifications, and for tolerance revocations were published on May
4, 1981 (46 FR 24950) and on December 17, 1997 (62 FR 66020),
respectively, and were provided to the Chief Counsel for Advocacy of
the Small Business Administration. Taking into account these analyses,
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 establishments, modifications, or revocations
that would change EPA's previous analyses.
     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: November 20, 2001.
Marcia E. Mulkey,
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.

     2. Section 180.190 is amended by revising paragraph (a) to read as
follows:

Sec. 180.190  Diphenylamine; tolerances for residues.

     (a) General. Tolerances for residues of the plant regulator
diphenylamine are established in or on the following commodities:

------------------------------------------------------------------------
                  Commodity                        Parts per million
------------------------------------------------------------------------
Apple, wet pomace                           30.0
Apple from preharvest or postharvest use,   10.0
  including use of impregnated wraps
Cattle, fat                                 0.01
Cattle, liver                               0.1
Cattle, meat byproducts, except liver       0.01
Cattle, meat                                0.01
Goat, fat                                   0.01
Goat, liver                                 0.1
Goat, meat byproducts, except liver         0.01
Goat, meat                                  0.01
Horse, fat                                  0.01
Horse, liver                                0.1
Horse, meat byproducts, except liver        0.01
Horse, meat                                 0.01
Milk                                        0.01
Sheep, fat                                  0.01
Sheep, liver                                0.1
Sheep, meat byproducts, except liver        0.01
Sheep, meat                                 0.01
------------------------------------------------------------------------

* * * * *

     3. Section 180.209 is amended by revising paragraph (a) to read as
follows:

Sec. 180.209  Terbacil; tolerances for residues.

     (a) General. Tolerances are established for combined residues of
the herbicide terbacil (3-tert-butyl-5-chloro-6-methyluracil) and its
metabolites [3-tert-butyl-5-chloro-6-hydroxymethyluracil], [6-chloro-
2,3-dihydro-7-hydroxymethyl 3,3-dimethyl-5H-oxazolo (3,2-a) pyrimidin-
5-one], and [6-chloro-2,3-dihydro-3,3,7-trimethyl-5H-oxazolo (3,2-a)
pyrimidin-5-one], calculated as terbacil, in or on raw agricultural
commodities as follows:

------------------------------------------------------------------------
                  Commodity                        Parts per million
------------------------------------------------------------------------
Alfalfa, forage                             1.0
Alfalfa, hay                                2.0
Apple                                       0.3
Asparagus                                   0.4
Blueberry                                   0.2
Caneberry                                   0.2
Peach                                       0.2
Peppermint, tops                            2.0
Spearmint, tops                             2.0
Strawberry                                  0.1
Sugarcane                                   0.4
------------------------------------------------------------------------

* * * * *

     4. Section 180.231 is amended by revising paragraph (a) to read as
follows:

Sec. 180.231  Dichlobenil; tolerances for residues.

     (a) General. Tolerances are established for the combined residues
of the herbicide dichlobenil (2,6-dichlorobenzonitrile) and its
metabolite 2,6-dichlorobenzamide in or on the following raw
agricultural commodities:

------------------------------------------------------------------------
                  Commodity                        Parts per million
------------------------------------------------------------------------
Apple                                       0.5
Blackberry                                  0.1
Blueberry                                   0.15
Cranberry                                   0.1
Filbert                                     0.1
Fruit, stone, group                         0.15
Grape                                       0.15
Pear                                        0.5
Raspberry                                   0.1
------------------------------------------------------------------------

* * * * *

     5. Section 180.332 is amended by revising the table under paragraph
(a) to read as follows:

Sec. 180.332  Metribuzin; tolerances for residues.

     (a) General. * * *

------------------------------------------------------------------------
                  Commodity                        Parts per million
------------------------------------------------------------------------
Alfalfa, forage                             2.0
Alfalfa, hay                                7.0
Asparagus                                   0.1
Barley, grain                               0.75
Barley, hay                                 7.0
Barley, pearled barley                      3.0
Barley, straw                               1.0
Carrot                                      0.3
Cattle, fat                                 0.7
Cattle, meat                                0.7
Cattle, meat byproducts                     0.7
Corn, field, forage                         0.1
Corn, field, grain                          0.05
Corn, field, stover                         0.1
Corn, pop, grain                            0.05
Corn, sweet, forage                         0.1
Corn, sweet, kernel plus cob with husks     0.05
  removed
Corn, sweet, stover                         0.1
Egg                                         0.01
Goat, fat                                   0.7
Goat, meat                                  0.7
Goat, meat byproducts                       0.7
Grass, forage                               2.0
Grass, hay                                  7.0
Hog, fat                                    0.7
Hog, meat                                   0.7
Hog, meat byproducts                        0.7
Horse, fat                                  0.7
Horse, meat                                 0.7
Horse, meat byproducts                      0.7
Lentil                                      0.05
Milk                                        0.05
Pea, dry, seed                              0.05
Pea, field, hay                             4.0
Pea, field, vines                           0.5
Pea, succulent                              0.1
Potato                                      0.6
Potato, chips                               3.0
Potato, processed potato waste              3.0
Potato waste, processed (dried)             3.0
Poultry, fat                                0.7
Poultry, meat                               0.7
Poultry, meat byproducts                    0.7
Sainfoin, forage                            2.0
Sainfoin, hay                               7.0
Sheep, fat                                  0.7
Sheep, meat                                 0.7
Sheep, meat byproducts                      0.7
Soybean, seed                               0.3
Soybean, forage                             4.0
Soybean, hay                                4.0
Sugarcane                                   0.1
Sugarcane, molasses                         2.0
Tomato                                      0.1
Wheat, bran                                 3.0
Wheat, forage                               2.0
Wheat, germ                                 3.0
Wheat, grain                                0.75
Wheat, hay                                  7.0
Wheat, middlings                            3.0
Wheat, shorts                               3.0
Wheat, straw                                1.0
------------------------------------------------------------------------

* * * * *

     6. Section 180.361 is amended by alphabetically adding the
commodity "garlic" in paragraph (c) to the table in paragraph (a), by
revising paragraph (a), and removing the remaining text from paragraph
(c) and reserving it to read as follows:

Sec. 180.361  Pendimethalin; tolerances for residues.

     (a) General. * * *

------------------------------------------------------------------------
                  Commodity                        Parts per million
------------------------------------------------------------------------
Bean, lima, seed                            0.1
Bean, lima, succulent                       0.1
Bean, forage                                0.1
Bean, hay                                   0.1
Corn, field, forage                         0.1
Corn, field, grain                          0.1
Corn, field, stover                         0.1
Corn, pop, grain                            0.1
Corn, sweet, forage                         0.1
Corn, sweet, kernel plus cob with husks     0.1
  removed
Corn, sweet, stover                         0.1
Cotton, undelinted seed                     0.1
Garlic                                      0.1
Onion, dry bulb                             0.1
Pea, succulent                              0.1
Peanut                                      0.1
Peanut, hay                                 0.1
Potato                                      0.1
Rice, grain                                 0.1
Rice, straw                                 0.1
Sorghum, forage                             0.1
Sorghum, grain, grain                       0.1
Sorghum, grain, stover                      0.1
Soybean, forage                             0.1
Soybean, hay                                0.1
Soybean, seed                               0.1
Sugarcane                                   0.1
Sunflower, seed                             0.1
------------------------------------------------------------------------

* * * * *
     (c) Tolerances with regional registrations. [Reserved]
* * * * *

Sec. 180.542  [Removed]

     7. Section 180.542 is removed.

[FR Doc. 01-30103 Filed 12-4-01; 8:45 am]
BILLING CODE 6560-50-S