Federal Register / Vol. 69, No. 188 / Wednesday, September 29, 2004 / Rules and Regulations 58079

Commodity Parts per million 

Vegetable, legume, 

group 06 ...................... 0.10 

Vegetable, leafy, except 

brassica, group 04 ...... 0.10 

Vegetable, leaves of root 

and tuber, group 02 .... 0.10 

Vegetable, root and 

tuber, group 01 ........... 0.10 

Wasabia, roots ................ 0.10 

Wax, Jambu .................... 0.10

* * * * *

[FR Doc. 04–21586 Filed 9–28–04; 8:45 am]

BILLING CODE 6560–50–S

ENVIRONMENTAL PROTECTION 

AGENCY

40 CFR Part 180

[OPP–2004–0260; FRL–7679–7]

Allethrin, Bendiocarb, Burkholderia 

cepacia, Fenridazon potassium, and 

Molinate; Tolerance Actions

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Final rule.

SUMMARY: EPA is revoking all tolerances 

for residues of the insecticides allethrin 

and bendiocarb, plant growth regulator 

fenridazon potassium, herbicide 

molinate, and biological pesticide 

Burkholderia cepacia because EPA 

canceled food registrations or deleted 

food uses from registrations following 

requests for voluntary cancellation or 

use deletion by the registrants. The 

regulatory actions in this document 

contribute toward the Agency’s 

tolerance reassessment requirements of 

the Federal Food, Drug, and Cosmetic 

Act (FFDCA) section 408(q), as amended 

by the Food Quality Protection Act 

(FQPA) of 1996. By law, EPA is required 

by August 2006, to reassess the 

tolerances in existence on August 2, 

1996. The regulatory actions in this 

document pertain to the revocation of 

110 tolerances and tolerance 

exemptions of which 106 count as 

tolerance reassessments toward the 

August 2006 review deadline.

DATES: This regulation is effective 

September 29, 2004. However, certain 

regulatory actions will not occur until 

the date specified in the regulatory text. 

Objections and requests for hearings 

must be received on or before November 

29, 2004.

ADDRESSES: To submit a written 

objection or hearing request follow the 

detailed instructions as provided in 

Unit IV. of the SUPPLEMENTARY

INFORMATION. EPA has established a 

docket for this action under docket 

identification (ID) number OPP–2004–

0260. All documents in the docket are 

listed in the EDOCKET index at http:/

/www.epa.gov/edocket. Although listed 

in the index, some information is not 

publicly available, i.e., 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 either 

electronically in EDOCKET or in hard 

copy at the Public Information and 

Records Integrity Branch (PIRIB), Rm. 

119, Crystal Mall #2, 1801 S. Bell St., 

Arlington, VA. This docket facility is 

open from 8:30 a.m. to 4 p.m., Monday 

through Friday, excluding legal 

holidays. The docket telephone number 

is (703) 305–5805.

FOR FURTHER INFORMATION CONTACT:

Joseph Nevola, Special Review and 

Reregistration Division (7508C), Office 

of Pesticide Programs, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460–

0001; telephone number: (703) 308–

8037; e-mail address: 

nevola.joseph@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this Action Apply to Me?

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. Potentially 

affected entities may include, but are 

not limited to: 

• Crop production (NAICS 111), 

e.g., agricultural workers; greenhouse, 

nursery, and floriculture workers; 

farmers.

• Animal production (NAICS 112), 

e.g., cattle ranchers and farmers, dairy 

cattle farmers, livestock farmers.

• Food manufacturing (NAICS 311), 

e.g., agricultural workers; farmers; 

greenhouse, nursery, and floriculture 

workers; ranchers; pesticide applicators.

• Pesticide manufacturing (NAICS 

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 provides a guide 

for readers regarding entities likely to be 

affected by this action. Other types of 

entities not listed in this unit could also 

be affected. The North American 

Industrial Classification System 

(NAICS) codes have been provided to 

assist you and others in determining 

whether this action might apply to 

certain entities. If you have any 

questions regarding the applicability of 

this action to a particular entity, consult 

the person listed under FOR FURTHER

INFORMATION CONTACT.

B. How Can I Access Electronic Copies 

of this Document and Other Related 

Information? 

In addition to using EDOCKET, http:/

/www.epa.gov/edocket/, you may access 

this Federal Register document 

electronically through the EPA Internet 

under the ‘‘Federal Register’’ listings at 

http://www.epa.gov/fedrgstr/. A 

frequently updated electronic version of 

40 CFR part 180 is available at E-CFR 

Beta Site Two at http://

www.gpoaccess.gov/ecfr/.

II. Background 

A. What Action is the Agency Taking? 

In the Federal Register of July 7, 2004 

(69 FR 40831) (FRL–7362–2), EPA 

issued a proposed rule to revoke certain 

tolerances and tolerance exemptions for 

residues of the insecticides allethrin and 

bendiocarb, plant growth regulator 

fenridazon potassium, herbicide 

molinate, and biological pesticide 

Burkholderia cepacia. Also, the July 7, 

2004 proposal provided a 60–day 

comment period which invited public 

comment for consideration and for 

support of tolerance retention under the 

Federal Food, Drug, and Cosmetic Act 

(FFDCA) standards. 

In this final rule, EPA is revoking 

certain tolerances and tolerance 

exemptions for residues of the 

insecticides allethrin and bendiocarb, 

plant growth regulator fenridazon 

potassium, herbicide molinate, and the 

biological pesticide Burkholderia 

cepacia because these specific 

tolerances and exemptions correspond 

to uses no longer current or registered 

under FIFRA in the United States. The 

tolerances revoked by this final rule are 

no longer necessary to cover residues of 

the relevant pesticides in or on 

domestically treated commodities or 

commodities treated outside but 

imported into the United States. It is 

EPA’s general practice to revoke those 

tolerances and tolerance exemptions for 

residues of pesticide active ingredients 

on crop uses for which there are no 

active registrations under FIFRA, unless 

any person in comments on the 

proposal indicates a need for the 

tolerance or tolerance exemption to 

cover residues in or on imported 

commodities or domestic commodities 

legally treated. 

EPA has historically expressed a 

concern that retention of tolerances that 

58080 Federal Register / Vol. 69, No. 188 / Wednesday, September 29, 2004 / Rules and Regulations 

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 in Unit II.A. if one of 

the following conditions applies: 

1. Prior to EPA’s issuance of a section 

408(f) order requesting additional data 

or issuance of a section 408(d) or (e) 

order revoking the tolerances on other 

grounds, commenters retract the 

comment identifying a need for the 

tolerance to be retained. 

2. EPA independently verifies that the 

tolerance is no longer needed. 

3. The tolerance is not supported by 

data that demonstrate that the tolerance 

meets the requirements under FQPA. 

Today’s 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 July 7, 2004 (69 FR 40831), 

EPA received one comment during the 

60–day comment period, as follows: 

Comment. EPA received a comment 

from the California Rice Commission 

(CRC), who expressed support for EPA’s 

decision to revoke the tolerances for 

residues of molinate in or on rice grain 

and rice straw, each with an expiration 

date of September 1, 2009. Also, the 

CRC expressed support for the molinate 

5–year phase out and stated that the 

phase out allows rice growers a phase in 

period for newer pesticides while the 

registrants work with EPA in bringing 

replacement products to market. The 

CRC described itself as a statutory 

organization representing 2,500 rice 

growers who farm approximately 

500,000 acres of California farmland. 

Agency response. EPA appreciates the 

support of the CRC on the phase out of 

molinate, which has been a tool for 

California rice growers in controlling 

pests. The phase out and tolerance 

revocations for molinate are discussed 

in detail elsewhere in this document. 

1. Allethrin. Many food use 

registrations for allethrin were canceled 

in 1989 and 1991 due to non-payment 

of maintenance fees. After reviewing 

labels for allethrin stereoisomer active 

ingredients (bioallethrin, 004003; sbioallethrin, 004004; and d-cis-transallethrin, 004005), EPA has determined 

that their current active registered uses 

are not associated with any of the 

existing tolerances in 40 CFR 180.113 or 

tolerance exemptions in 40 CFR 

180.1002 for allethrin (004001). The 

allethrin stereoisomers are primarily 

used as flying insect killers and 

repellents. 

EPA defines the tolerances and 

exemptions in 40 CFR 180.113 and 

180.1002 as pertaining solely to 

allethrin (004001) as the active 

ingredient. This is the earliest form of 

the allethrin stereoisomers, and may be 

referred to as a racemic mixture. 

Because there are no active registrations 

for use of allethrin (004001) on 

commodities associated with these 

tolerances or tolerance exemptions, 

these tolerances and tolerance 

exemptions are no longer needed. 

Therefore, EPA is revoking the 30 

tolerances in 40 CFR 180.113 for 

residues of allethrin in or on apple, 

postharvest; barley, grain, postharvest; 

blackberry, postharvest; blueberry, 

postharvest; boysenberry, postharvest; 

cherry, postharvest; corn, grain, 

postharvest; crabapple, postharvest; 

currant, postharvest; dewberry, 

postharvest; fig, postharvest; gooseberry, 

postharvest; grape, postharvest; guava, 

postharvest; huckleberry, postharvest; 

loganberry, postharvest; mango, 

postharvest; muskmelon, postharvest; 

oat, grain, postharvest; orange, 

postharvest; peach, postharvest; pear, 

postharvest; pineapple, postharvest; 

plum, postharvest; plum, prune, fresh, 

postharvest; raspberry, postharvest; rye, 

grain, postharvest; sorghum, grain, 

grain, postharvest; tomato, postharvest; 

and wheat, grain, postharvest. Note, 

huckleberry was listed separately from 

blueberry and plum was listed 

separately from plum, prune, fresh in a 

final rule published in the Federal 

Register of July 1, 2003 (68 FR 39435) 

(FRL–7316–9), which revised tolerance 

nomenclatures. 

Also, EPA is revoking 43 tolerance 

exemptions in 40 CFR 180.1002 for 

residues of allethrin in or on apples, 

artichokes (Jerusalem), beans, beets, 

beets, sugar; broccoli, Brussels sprouts, 

cabbage, carrots, cauliflower, celery, 

chickory, chinese cabbage, citrus, 

collards, corn, endive, escarole, garlic, 

horseradish, kale, kohlrabi, leeks, 

lettuce, mushrooms, mustard greens, 

onions, parsley, parsnips, peaches, 

pears, peppers, potatoes, radishes, 

rutabagas, salsify, shallots, sorghum 

(milo), sorghum, grain; spinach, sweet 

potatoes, tomatoes, and turnips. 

For FQPA tolerance reassessment 

purposes, EPA will count the 73 

revocations as a total of 69 tolerance 

reassessments because in the baseline of 

tolerances to be counted toward 

reassessment, the tolerance for 

huckleberry is counted with blueberry, 

the tolerance for plum is counted with 

plum, prune, fresh; the tolerance 

exemption for escarole is counted with 

endive; and the tolerance exemption for 

sorghum milo is counted with the 

sorghum grain exemption. 

2. Bendiocarb. On April 26, 2002 (67 

FR 20767) (FRL–6833–8), EPA 

published a notice in the Federal 

Register under section 6(f)(1) of FIFRA 

announcing its receipt of a request from 

the registrant for cancellation of the last 

active bendiocarb registrations for food 

use. EPA approved the registrants’

requests for voluntary cancellation and 

issued cancellation orders with an 

effective date of October 24, 2002, and 

allowed the registrant to sell and 

distribute existing stocks for a period of 

12 months after the cancellation request 

was received; i.e., until approximately 

April 26, 2003. There are no active 

registrations and the tolerances are no 

longer needed. Therefore, EPA is 

revoking the non-numerical tolerances 

in 40 CFR 180.530 for residues of the 

insecticide 2,2-dimethyl-1,3-

benzodioxol-4-yl methylcarbamate, 

known as bendiocarb, in or on 

processed food and animal feed with an 

expiration/revocation date of April 26, 

2005, in order to allow end-users 

sufficient time to exhaust existing 

stocks. 

3. Burkholderia cepacia type 

Wisconsin. On August 28, 2002 (67 FR 

55236) (FRL–7189–4), EPA published a 

notice in the Federal Register under 

section 6(f)(1) of FIFRA announcing its 

receipt of a request from the registrant 

for cancellation of the last active 

Burkholderia cepacia type Wisconsin 

registrations for food use. EPA approved 

the registrant’s requests for voluntary 

cancellation and issued cancellation 

orders with an effective date of February 

27, 2003, and allowed the registrant to 

sell and distribute existing stocks for a 

period of 12 months after the 

cancellation request was received; i.e., 

until May 13, 2003. The Agency 

believes that sufficient time has passed 

for stocks to have been exhausted and 

for treated commodities to have cleared 

the channels of trade. Because there are 

no active registrations and the tolerance 

exemption is no longer needed, EPA is 

revoking the tolerance exemption in 40 

CFR 180.1115 for residues of 

Burkholderia cepacia type Wisconsin in 

or on all raw agricultural commodities 

when applied to plant roots and 

seedling roots, or as a seed treatment for 

growing agricultural crops. 

4. Fenridazon potassium. On July 25, 

2003 (68 FR 44081) (FRL–7315–6), EPA 

Federal Register / Vol. 69, No. 188 / Wednesday, September 29, 2004 / Rules and Regulations 58081

published a notice in the Federal 

Register under section 6(f)(1) of FIFRA 

announcing its receipt of a request from 

the registrant for cancellation of the last 

active fenridazon potassium product 

registration. EPA approved the 

registrants’ requests for voluntary 

cancellation and issued cancellation 

orders on November 5, 2003 (68 FR 

62582) (FRL–7328–7), with an effective 

date of November 5, 2003. The registrant 

has not manufactured the canceled 

product since 1989. No existing stocks 

are expected to be in the channels of 

trade. No active registrations exist and 

therefore the tolerances are no longer 

needed. Consequently, EPA is revoking 

the tolerances in 40 CFR 180.423 for 

residues of the hybridizing agent 

potassium salt of fenridazon in or on 

cattle, fat; cattle, kidney; cattle, liver; 

cattle, meat; cattle, meat byproducts; 

egg; goat, fat; goat, kidney; goat, liver; 

goat, meat; goat, meat byproducts; hog, 

fat; hog, kidney; hog, liver; hog, meat; 

hog, meat byproducts; horse, fat; horse, 

kidney; horse, liver; horse, meat; horse, 

meat byproducts; milk; poultry, fat; 

poultry, meat; poultry, meat byproducts; 

sheep, fat; sheep, kidney; sheep, liver; 

sheep, meat; sheep, meat byproducts; 

wheat, grain; and wheat, straw. 

5. Molinate. On September 17, 2003 

(68 FR 54451) (FRL–7324–7), EPA 

published a notice in the Federal 

Register under section 6(f)(1) of FIFRA 

announcing its receipt of requests from 

the registrants to voluntarily cancel 

registrations of all their molinate 

products, and to modify the terms and 

conditions of their molinate 

registrations. After considering 

comments received, EPA decided to 

accept the registrants’ requests for 

voluntary cancellation. On April 7, 2004 

(69 FR 18368) (FRL–7350–9), the 

Agency issued a cancellation order with 

an effective date of June 30, 2008, and 

a modification of the terms and 

conditions of the molinate registrations. 

The 2002 sales level of the molinate 

active ingredient will be the maximum 

amount that the registrants will sell or 

distribute in 2004, 2005, and 2006. The 

registrants may not sell or distribute any 

more than 75% of the 2002 sales levels 

in the year 2007, and sell or distribute 

more than 50% of the 2002 sales levels 

in the year 2008. 

As stated in the cancellation order of 

April 7, 2004 (69 FR 18368), registrants 

will provide annual production/sales 

reports to EPA beginning in the year 

2004 through 2009, and inventory 

reports for the years 2007, 2008, and 

2009. These reports will be submitted 

by September 30 of each year to the 

Agency’s Chemical Review Manager for 

molinate. Failure by either registrant to 

comply with the sale or distribution 

limits contained in the molinate 

registration constitutes grounds for 

immediate cancellation of the 

registration without opportunity for a 

hearing. 

After June 30, 2008, the registrants 

may not sell or distribute any molinate 

products except to distribute the 

molinate active ingredient in 2009 for 

the purposes of facilitating usage by 

August 31, 2009. No use of products 

containing molinate will be permitted 

after the 2009 growing season (August 

31, 2009). Currently, this is a state 

registration under FIFRA section 24, 

active only in California, Tennessee, 

and Texas. Because the tolerances on 

rice are no longer needed beyond the 

2009 growing season, EPA is revoking 

the tolerances in 40 CFR 180.228 for 

residues of the herbicide S-ethyl 

hexahydro-1H-azepine-1-carbothioate, 

known as molinate, in or on rice, grain 

and rice, straw with an expiration/

revocation date of September 1, 2009. 

Also, in 40 CFR 180.228, EPA is 

removing the ‘‘(N)’’ designation from all 

entries to conform to current Agency 

administrative practice (‘‘(N)’’

designation means negligible residues). 

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? 

With the exception of certain 

tolerances for bendiocarb and molinate, 

for which EPA is revoking certain 

tolerances/exemptions with specific 

expiration/revocation dates, the Agency 

is revoking specific tolerances/

exemptions for allethrin, Burkholderia 

cepacia, and fenridazon potassium, and 

revising commodity terminologies 

effective on September 29, 2004. With 

the exception of bendiocarb and 

molinate, 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 cleared the channels 

of trade. EPA is revoking certain 

bendiocarb and molinate tolerances 

with expiration/revocation dates of 

April 26, 2005, and September 1, 2009, 

respectively. 

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 the Food and Drug 

Administration (FDA) that: (1) The 

residue is present as the result of an 

application or use of the pesticide at a 

time and in a manner that was lawful 

under FIFRA, and (2) the residue does 

not exceed the level that was authorized 

at the time of the application or use to 

be present on the food under a tolerance 

or exemption from 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 

2006, to reassess the tolerances in 

existence on August 2, 1996. As of 

September 15, 2004, EPA has reassessed 

over 6,840 tolerances. In this final rule, 

EPA is revoking a total of 110 tolerances 

and tolerance exemptions. For FQPA 

tolerance reassessment counting 

purposes, EPA counts the 73 

revocations for allethrin as 69 

reassessments because the tolerances for 

huckleberry and plum are counted with 

blueberry and plum, prune, fresh; 

respectively, and the tolerance 

exemptions for escarole and sorghum 

milo are counted with endive and 

sorghum grain, respectively. Therefore, 

106 tolerances/exemptions are counted 

as reassessed toward the August 2006 

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 

58082 Federal Register / Vol. 69, No. 188 / Wednesday, September 29, 2004 / Rules and Regulations 

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. 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

Under section 408(g) of FFDCA, as 

amended by FQPA, any person may file 

an objection to any aspect of this 

regulation and may also request a 

hearing on those objections. The EPA 

procedural regulations which govern the 

submission of objections and requests 

for hearings appear in 40 CFR part 178. 

Although the procedures in those 

regulations require some modification to 

reflect the amendments made to FFDCA 

by FQPA, EPA will continue to use 

those procedures, with appropriate 

adjustments, until the necessary 

modifications can be made. The new 

section 408(g) of FFDCA provides 

essentially the same process for persons 

to ‘‘object’’ to a regulation for an 

exemption from the requirement of a 

tolerance issued by EPA under new 

section 408(d) of FFDCA, as was 

provided in the old sections 408 and 

409 of FFDCA. However, the period for 

filing objections is now 60 days, rather 

than 30 days.

A. What Do I Need to Do to File an 

Objection or Request a Hearing?

You must file your objection or 

request a hearing on this regulation in 

accordance with the instructions 

provided in this unit and in 40 CFR part 

178. To ensure proper receipt by EPA, 

you must identify docket ID number 

OPP–2004–0260 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 29, 2004.

1. Filing the request. Your objection 

must specify the specific provisions in 

the regulation that you object to, and the 

grounds for the objections (40 CFR 

178.25). If a hearing is requested, the 

objections must include a statement of 

the factual issues(s) on which a hearing 

is requested, the requestor’s contentions 

on such issues, and a summary of any 

evidence relied upon by the objector (40 

CFR 178.27). Information submitted in 

connection with an objection or hearing 

request may be claimed confidential by 

marking any part or all of that 

information as CBI. Information so 

marked will not be disclosed except in 

accordance with procedures set forth in 

40 CFR part 2. A copy of the 

information that does not contain CBI 

must be submitted for inclusion in the 

public record. Information not marked 

confidential may be disclosed publicly 

by EPA without prior notice.

Mail your written request to: Office of 

the Hearing Clerk (1900L), 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001. You may also deliver 

your request to the Office of the Hearing 

Clerk in Suite 350, 1099 14th St., NW., 

Washington, DC 20005. The Office of 

the Hearing Clerk is open from 8 a.m. 

to 4 p.m., Monday through Friday, 

excluding legal holidays. The telephone 

number for the Office of the Hearing 

Clerk is (202) 564–6255.

2. Copies for the Docket. In addition 

to filing an objection or hearing request 

with the Hearing Clerk as described in 

Unit IV.A.1., you should also send a 

copy of your request to the PIRIB for its 

inclusion in the official record that is 

described in ADDRESSES. Mail your 

copies, identified by docket ID number 

OPP–2004–0260, to: Public Information 

and Records Integrity Branch, 

Information Resources and Services 

Division (7502C), Office of Pesticide 

Programs, Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460–0001. In person 

or by courier, bring a copy to the 

location of the PIRIB described in 

ADDRESSES. You may also send an 

electronic copy of your request via email to: opp-docket@epa.gov. Please use 

an ASCII file format and avoid the use 

of special characters and any form of 

encryption. Copies of electronic 

objections and hearing requests will also 

be accepted on disks in WordPerfect 

6.1/8.0 or ASCII file format. Do not 

include any CBI in your electronic copy. 

You may also submit an electronic copy 

of your request at many Federal 

Depository Libraries. 

B. When Will the Agency Grant a 

Request for a Hearing?

A request for a hearing will be granted 

if the Administrator determines that the 

material submitted shows the following: 

There is a genuine and substantial issue 

of fact; there is a reasonable possibility 

that available evidence identified by the 

requestor would, if established resolve 

one or more of such issues in favor of 

the requestor, taking into account 

uncontested claims or facts to the 

contrary; and resolution of the factual 

issues(s) in the manner sought by the 

requestor would be adequate to justify 

the action requested (40 CFR 178.32). 

V. Statutory and Executive Order 

Reviews

This final rule revokes specific 

tolerances established under section 408 

of FFDCA. The Office of Management 

and Budget (OMB) has exempted this 

type of action (i.e., a tolerance 

revocation for which extraordinary 

circumstances do not exist) from review 

under Executive Order 12866, entitled 

Regulatory Planning and Review (58 FR 

51735, October 4, 1993). Because this 

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 

Federal Register / Vol. 69, No. 188 / Wednesday, September 29, 2004 / Rules and Regulations 58083

the Regulatory Flexibility Act (RFA) (5 

U.S.C. 601 et seq.), the Agency 

previously assessed whether revocations 

of tolerances might significantly impact 

a substantial number of small entities 

and concluded that, as a general matter, 

these actions do not impose a significant 

economic impact on a substantial 

number of small entities. This analysis 

was published on December 17, 1997 

(62 FR 66020), and was provided to the 

Chief Counsel for Advocacy of the Small 

Business Administration. Taking into 

account this analysis, and available 

information concerning the pesticides 

listed in this rule, the Agency hereby 

certifies that this final rule will not have 

a significant economic impact on a 

substantial number of small entities. 

Specifically, as per the 1997 notice, EPA 

has reviewed its available data on 

imports and foreign pesticide usage and 

concludes that there is a reasonable 

international supply of food not treated 

with canceled pesticides. Furthermore, 

for the pesticides named in this final 

rule, the Agency knows of no 

extraordinary circumstances that exist 

as to the present revocations that would 

change EPA’s previous analysis. In 

addition, the Agency has determined 

that this action will not have a 

substantial direct effect on States, on the 

relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132, entitled 

Federalism(64 FR 43255, August 10, 

1999). Executive Order 13132 requires 

EPA to develop an accountable process 

to ensure ‘‘meaningful and timely input 

by State and local officials in the 

development of regulatory policies that 

have federalism implications.’’ ‘‘Policies 

that have federalism implications’’ is 

defined in the Executive Order to 

include regulations that have 

‘‘substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government.’’ This final rule 

directly regulates growers, food 

processors, food handlers and food 

retailers, not States. This action does not 

alter the relationships or distribution of 

power and responsibilities established 

by Congress in the preemption 

provisions of section 408(n)(4) of 

FFDCA. For these same reasons, the 

Agency has determined that this rule 

does not have any ‘‘tribal implications’’

as described in Executive Order 13175, 

entitled Consultation and Coordination 

with Indian Tribal Governments (65 FR 

67249, November 6, 2000). Executive 

Order 13175, requires EPA to develop 

an accountable process to ensure 

‘‘meaningful and timely input by tribal 

officials in the development of 

regulatory policies that have tribal 

implications.’’ ‘‘Policies that have tribal 

implications’’ is defined in the 

Executive Order to include regulations 

that have ‘‘substantial direct effects on 

one or more Indian tribes, on the 

relationship between the Federal 

Government and the Indian tribes, or on 

the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes.’’ This 

rule will not have substantial direct 

effects on tribal governments, on the 

relationship between the Federal 

Government and Indian tribes, or on the 

distribution of power and 

responsibilities between the Federal 

Government and Indian tribes, as 

specified in Executive Order 13175. 

Thus, Executive Order 13175 does not 

apply to this rule. 

VI. Congressional Review Act

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this rule and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of this final 

rule in the Federal Register. This final 

rule is not a ‘‘major rule’’ as defined by 

5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 180 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements.

Dated: September 17, 2004.

James Jones, 

Director, Office of Pesticide Programs.

■ Therefore, 40 CFR chapter I 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), 346a and 371.

§ 180.113 [Removed]

■ 2. Section 180.113 is removed.

■ 3. Section 180.228 is amended by 

revising the table in paragraph (a) to read 

as follows:

§ 180.228 S-Ethyl hexahydro-1H-azepine-1-

carbothioate; tolerances for residues.

(a) * * *

Commodity Parts per 

million 

Expiration/

Revocation 

Date 

Rice, grain ........ 0.1 9/1/09

Rice, straw ........ 0.1 9/1/09

* * * * *

§ 180.423 [Removed]

■ 4. Section 180.423 is removed.

■ 5. Section 180.530 is amended by 

revising paragraphs (a)(1) and (a)(2) to 

read as follows:

§ 180.530 2,2-Dimethyl-1,3-benzodioxol-4-

yl methylcarbamate; tolerances for 

residues.

(a) General. (1) The insecticide 2,2-

dimethyl-1,3-benzodioxol-4-yl 

methylcarbamate may be safely used in 

spot and/or crack and crevice treatments 

in animal feed handling establishments, 

including feed manufacturing and 

processing establishments, such as 

stores, supermarkets, dairies, meat 

slaughtering and packing plants, and 

canneries until the tolerance expiration/

revocation date of April 26, 2005. 

(2) The insecticide 2,2-dimethyl-1,3-

benzodioxol-4-yl methylcarbamate may 

be safely used in spot and/or crack and 

crevice treatments in food handling 

establishments, including food service, 

manufacturing and processing 

establishments, such as restaurants, 

cafeterias, supermarkets, bakeries, 

breweries, dairies, meat slaughtering 

and packing plants, and canneries until 

the tolerance expiration/revocation date 

of April 26, 2005.

* * * * *

§ 180.1002 [Removed]

■ 6. Section 180.1002 is removed.

§ 180.1115 [Removed]

■ 7. Section 180.1115 is removed.

[FR Doc. 04–21695 Filed 9–28–04; 8:45 am] 

BILLING CODE 6560–50–S