[Federal Register Volume 69, Number 237 (Friday, December 10, 2004)]
[Rules and Regulations]
[Pages 71714-71717]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-27031]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[OPP-2004-0392; FRL-7688-6]


Multiple Chemicals; Extension of Tolerances for Emergency 
Exemptions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation extends time-limited tolerances for the 
pesticides listed in Unit II. of the SUPPLEMENTARY INFORMATION. These 
actions are in response to EPA's granting of emergency exemptions under 
section 18 of the Federal Insecticide, Fungicide, and Rodenticide Act 
(FIFRA) authorizing use of these pesticides. Section 408(l)(6) of the 
Federal Food, Drug, and Cosmetic Act (FFDCA) requires EPA to establish 
a time-limited tolerance or exemption from the requirement for a 
tolerance for pesticide chemical residues in food that will result from 
the use of a pesticide under an emergency exemption granted by EPA.

DATES: This regulation is effective December 10, 2004. Objections and 
requests for hearings must be received on or before February 8, 2005.

ADDRESSES: To submit a written objection or hearing request follow the 
detailed instructions as provided in Unit III. of the SUPPLEMENTARY 
INFORMATION. EPA has established a docket for this action under Docket 
ID number OPP-2004-0392. All documents in the docket are listed in the 
EDOCKET index at http://www.epa.gov/edocket. Although listed in the 
index, some information is not publicly available, i.e., CBI or other 
information whose disclosure is restricted by statute. Certain other 
material, such as copyrighted material, is not placed on the Internet 
and will be publicly available only in hard copy form. Publicly 
available docket materials are available either electronically in 
EDOCKET or in hard copy at the Public Information and Records Integrity 
Branch (PIRIB), Rm. 119, Crystal Mall <greek-i>2, 1801 South 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: See the table in this unit for the 
name of a specific contact person. The following information applies to 
all contact persons: Emergency Response Team, Registration Division 
(7505C), Office of Pesticide Programs, Environmental Protection Agency, 
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001.

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            Pesticide/CFR cite                     Contact person
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Azoxystrobin; 40 CFR 180.507;               Libby Pemberton
                                            <a href="/cdn-cgi/l/email-protection#9bc8fef8b6aaa3b6d6faf2f7f9f4e3dbfeebfaf6faf2f7b5feebfab5fcf4ed"><span class="__cf_email__" data-cfemail="7f2c1a1c524e4752321e16131d10073f1a0f1e121e1613511a0f1e51181009">[email protected]</span></a>
                                            (703) 308-9364
 Cypermethrin; 40 CFR 180.418;
 Desmedipham; 180.353;
 Diuron; 40 CFR 180.106;
 Propiconazole; 40 CFR 180.434;
 Sodium chlorate 40 CFR 180.1020
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                                            <a href="/cdn-cgi/l/email-protection#bbe8ded8968a8396f6dad2d7d9d4c3fbdecbdad6dad2d795decbda95dcd4cd"><span class="__cf_email__" data-cfemail="401325236d71786d0d21292c222f38002530212d21292c6e2530216e272f36">[email protected]</span></a>
                                            (703) 305-6463
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                                            <a href="/cdn-cgi/l/email-protection#a4f7c1c789959c89e9c5cdc8c6cbdce4c1d4c5c9c5cdc88ac1d4c58ac3cbd2"><span class="__cf_email__" data-cfemail="e9ba8c8ac4d8d1c4a48880858b8691a98c998884888085c78c9988c78e869f">[email protected]</span></a>
                                            (703) 308-9367
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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:
    <bullet> Crop production (NAICS 111)
    <bullet> Animal production (NAICS 112)
    <bullet> Food manufacturing (NAICS 311)
    <bullet> Pesticide manufacturing (NAICS 32532)
    This listing is not intended to be exhaustive, but rather provides 
a guide for readers regarding entities likely to be affected by this 
action. Other types of entities not listed in this unit could also be 
affected. The North American Industrial Classification System (NAICS) 
codes have been provided to assist you and others in determining 
whether this action might apply to certain entities. If you have any 
questions regarding the applicability of this action to a particular 
entity, consult the person listed under FOR FURTHER INFORMATION 
CONTACT.

B. How Can I Access Electronic Copies of this Document 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 and Statutory Findings

    EPA published final rules in the Federal Register for each 
chemical/commodity listed. The initial issuance of these final rules 
announced that EPA, on its own initiative, under section 408 of the 
FFDCA, 21 U.S.C. 346a, as amended by the Food Quality Protection Act of 
1996 (FQPA) (Public Law 104-170) was establishing time-limited 
tolerances.
    EPA established the tolerances because section 408(l)(6) of the 
FFDCA requires EPA to establish a time-limited tolerance or exemption 
from the requirement for a tolerance for pesticide chemical residues in 
food that will result from the use of a pesticide under an emergency 
exemption granted by EPA under FIFRA section 18 . Such tolerances can 
be established without providing notice or time for public comment.
    EPA received requests to extend the use of these chemicals for this 
year's growing season. After having reviewed these submissions, EPA 
concurs that emergency conditions exist. EPA assessed the potential 
risks presented by residues for each chemical/commodity. In doing so, 
EPA considered the safety standard in section 408(b)(2) of the

[[Page 71715]]

FFDCA, and decided that the necessary tolerance under section 408(l)(6) 
of the FFDCA would be consistent with the safety standard and with 
FIFRA section 18.
    The data and other relevant material have been evaluated and 
discussed in the final rule originally published to support these uses. 
Based on that data and information considered, the Agency reaffirms 
that extension of these time-limited tolerances will continue to meet 
the requirements of section 408(l)(6) of the FFDCA. Therefore, the 
time-limited tolerances are extended until the date listed. EPA will 
publish a document in the Federal Register to remove the revoked 
tolerances from the Code of Federal Regulations (CFR). Although these 
tolerances will expire and are revoked on the date listed, under 
section 408(l)(5) of the FFDCA, residues of the pesticide not in excess 
of the amounts specified in the tolerance remaining in or on the 
commodity after that date will not be unlawful, provided the residue is 
present as a result of an application or use of a pesticide at a time 
and in a manner that was lawful under FIFRA, the tolerance was in place 
at the time of the application, and the residue does not exceed the 
level that was authorized by the tolerance. EPA will take action to 
revoke these tolerances earlier if any experience with, scientific data 
on, or other relevant information on this pesticide indicate that the 
residues are not safe.
    Tolerances for the use of the following pesticide chemicals on 
specific commodities are being extended:
    Azoxystrobin. EPA has authorized under FIFRA section 18 the use of 
azoxystrobin on safflower for control of alternaria leaf spots caused 
by Alternaria carthami and A. alternata in Montana and North Dakota. 
This regulation extends a time-limited tolerance for combined residues 
of the fungicide azoxystrobin and the Z isomer of azoxystrobin in or on 
safflower at 1.0 ppm for an additional 3-year period. This tolerance 
will expire and is revoked on June 30, 2008. A time-limited tolerance 
was originally published in the Federal Register of August 28, 2002 (67 
FR 55132) (FRL-7195-9).
    Cypermethrin and an Isomer Zeta-cypermethrin. EPA has authorized 
under FIFRA section 18 the use of zeta-cypermethrin on flax for control 
of grasshoppers in North Dakota. This regulation extends a time-limited 
tolerance for combined residues of the insecticide zeta-cypermethrin 
and its inactive R-isomers in or on flax (seed and meal) at 0.2 ppm for 
an additional 3-year period. This tolerance will expire and is revoked 
on June 30, 2008. A time-limited tolerance was originally published in 
the Federal Register of September 4, 2002 (67 FR 56490) (FRL-7197-7).
    Desmedipham. EPA has authorized under FIFRA section 18 the use of 
desmedipham on garden beets for control of various weed pests in New 
York. This regulation extends a time-limited tolerance for residues of 
the herbicide desmedipham in or on red beet roots at 0.2 ppm and red 
beet tops at 15 ppm for an additional 3-year period. These tolerances 
will expire and are revoked on June 30, 2008. Time-limited tolerances 
were originally published in the Federal Register of August 29, 1997 
(62 FR 45741) (FRL-5738-5).
    Diuron. EPA has authorized under FIFRA section 18 the use of diuron 
in catfish ponds for control of blue green algae in Alabama, Arkansas, 
Mississippi and Texas. This regulation extends a time-limited tolerance 
for combined residues of the herbicide, diuron (3-(3,4dichlorophenyl)-
1,1-dimethylurea) and its metabolites convertible to 3,4 -
dichloroaniline in or on catfish fillets at 2.0 ppm for an additional 
3-year period. This tolerance will expire and is revoked on June 30, 
2008. A time-limited tolerance was originally published in the Federal 
Register of July 30, 1999 (64 FR 41297) (FRL-6087 -2).
    Myclobutanil. EPA has authorized under FIFRA section 18 the use of 
myclobutanil on sugar beets for control of powdery mildew in Idaho and 
Oregon. This regulation extends a time-limited tolerance for combined 
residues of the fungicide myclobutanil alpha-butyl-alpha-(4-
chlorophenyl)-1H-1,2,4-triazole-1-propanenitrile and its alcohol 
metabolite (alpha-(3-hydroxybutyl)-alpha-(4-chlorophenyl)-1H-1,2,4-
triazole-1-propanenitrile (free and bound) in or on sugar beet tops at 
1.0 ppm for an additional 3-year period. This tolerance will expire and 
is revoked on December 31, 2007. A time-limited tolerance was 
originally published in the Federal Register of January 2, 2001 (66 FR 
298 (FRL-6757-9).
    Propiconazole. EPA has authorized under FIFRA section 18 the use of 
propiconazole on grain sorghum for control of sorghum ergot in Kansas, 
New Mexico and Texas. This regulation extends a time-limited tolerance 
for combined residues of the fungicide propiconazole, 1-[[2-(2,4-
dichlorophenyl)-4-propyl-1,3-dioxolan-2-yl] methyl]-1H-1,2,4-triazole 
and its metabolites determined as 2,4-dichlorobenzoic acid and 
expressed as parent compound in or on grain sorghum, grain at 0.2 ppm; 
grain sorghum, stover at 1.5 ppm; and sorghum aspirated grain fractions 
at 20 ppm for an additional 3-year period. These tolerances will expire 
and are revoked on June 30, 2008. Time-limited tolerances were 
originally published in the Federal Register of August 13, 1997 (62 FR 
43284) (FRL- 5735-2).
    EPA has received objections to tolerances it established for 
propiconazole on different food commodities. The objections were filed 
by the Natural Resources Defense Council (NRDC) and raised several 
issues regarding aggregate exposure estimates and the additional safety 
factor for the protection of infants and children. Although these 
objections concern separate rulemaking proceedings under the FFDCA, EPA 
has considered whether it is appropriate to extend the emergency 
exemption tolerances for propiconazole while the objections are still 
pending.
    Factors taken into account by EPA included how close the Agency is 
to concluding the proceedings on the objections, the nature of the 
current action, whether NRDC's objections raised frivolous issues, and 
extent to which the issues raised by NRDC had already been considered 
by EPA. Although NRDC's objections are not frivolous, the other factors 
all support extending these tolerances at this time. First, the 
objections proceeding is unlikely to conclude prior to when action is 
necessary on this petition. NRDC's objections raise complex legal, 
scientific, policy, and factual matters and EPA initiated a 60 day 
public comment period on them in the Federal Register on June 19, 2002 
(67 FR 41628) (FRL-7167-7). That comment period was extended until 
October 16, 2002 [September 17, 2002 (67 FR 58536) (FRL-7275-3)], and 
EPA is now examining the extensive comments received. Second, the 
nature of the current actions are extremely time-sensitive as they 
address emergency situations. Third, the issues raised by NRDC are not 
new matters but questions that have been the subject of considerable 
study by EPA and comment by stakeholders. Accordingly, EPA is 
proceeding with extending the tolerances for propiconazole.
    Sodium chlorate. The states of Arkansas and Missouri availed 
themselves of the authority to declare the existence of crisis 
situations, thereby authorizing use under FIFRA section 18 of sodium 
chlorate on wheat as a defoliant or desiccant to aid in the harvest of 
wheat. This regulation extends a time-limited exemption from

[[Page 71716]]

the requirement of a tolerance for residues of the defoliant/desiccant 
sodium chlorate in or on wheat for an additional 2-year period. This 
exemption from the requirement of a tolerance will expire and is 
revoked on December 31, 2006. A time-limited exemption from the 
requirement of a tolerance was originally published in the Federal 
Register of December 3, 1997 (62 FR 63858) (FRL-5754-1).
    Sulfentrazone. EPA has authorized under FIFRA section 18 the use of 
sulfentrazone on lima beans and cowpeas for control of hophornbeam 
copperleaf in Tennessee. This regulation extends a time-limited 
tolerance for combined residues of the herbicide sulfentrazone and the 
metabolites 3-hydroxymethyl sulfentrazone and 3-desmethyl sulfentrazone 
in or on succulent bean seed without pod at 0.1 ppm for an additional 
3-year period. This tolerance will expire and is revoked on December 
31, 2007. A time-limited tolerance was originally published in the 
Federal Register of September 21, 1999 (64 FR 51060) (FRL-6097-8).

III. Objections and Hearing Requests

    Under section 408(g) of the FFDCA, as amended by the 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 
the FFDCA by the FQPA, EPA will continue to use those procedures, with 
appropriate adjustments, until the necessary modifications can be made. 
The new section 408(g) of the 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 the FFDCA, as was provided in the old sections 408 and 409 of the 
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-2004-0392 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 January 
10, 2005.
    1. Filing the request. Your objection must specify the specific 
provisions in the regulation that you object to, and the grounds for 
the objections (40 CFR 178.25). If a hearing is requested, the 
objections must include a statement of the factual issues(s) on which a 
hearing is requested, the requestor's contentions on such issues, and a 
summary of any evidence relied upon by the objector (40 CFR 178.27). 
Information submitted in connection with an objection or hearing 
request may be claimed confidential by marking any part or all of that 
information as CBI. Information so marked will not be disclosed except 
in accordance with procedures set forth in 40 CFR part 2. A copy of the 
information that does not contain CBI must be submitted for inclusion 
in the public record. Information not marked confidential may be 
disclosed publicly by EPA without prior notice.
    Mail your written request to: Office of the Hearing Clerk (1900L), 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001. You may also deliver your request to the 
Office of the Hearing Clerk in Suite 350, 1099 14\th\ 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. Tolerance 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 <a href="/cdn-cgi/l/email-protection#50243f3d203b393e237e3a393d103520317e373f26"><span class="__cf_email__" data-cfemail="c4b0aba9b4afadaab7eaaeada984a1b4a5eaa3abb2">[email protected]</span></a>, 
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-
0001.
    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 20460-0001.
    3. Copies for the Docket. In addition to filing an objection or 
hearing request with the Hearing Clerk as described in Unit III.A., 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-2004-0392, to: Public 
Information and Records Integrity Branch, Information Resources and 
Services Division (7502C), Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001. In person or by courier, bring a copy to the location of the 
PIRIB described in ADDRESSES. You may also send an electronic copy of 
your request via e-mail to: <a href="/cdn-cgi/l/email-protection#98f7e8e8b5fcf7fbf3fdecd8fde8f9b6fff7ee"><span class="__cf_email__" data-cfemail="aac5dada87cec5c9c1cfdeeacfdacb84cdc5dc">[email protected]</span></a>. 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 file format 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).

IV. Statutory and Executive Order Reviews

    This final rule establishes time-limited tolerances under section 
408 of the FFDCA. The Office of Management and Budget (OMB) has 
exempted these types of actions 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,

[[Page 71717]]

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 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). Since 
tolerances and exemptions that are established under section 408(l)(6) 
of the FFDCA in response to an exemption under FIFRA section 18, such 
as the tolerances in this final rule, do not require the issuance of a 
proposed rule, the requirements of the Regulatory Flexibility Act (RFA) 
(5 U.S.C. 601 et seq.) do not apply. 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 the 
FFDCA. For these same reasons, the Agency has determined that this rule 
does not have any ``tribal implications'' as described in Executive 
Order 13175, entitled Consultation and Coordination with Indian Tribal 
Governments (65 FR 67249, November 6, 2000). Executive Order 13175, 
requires EPA to develop an accountable process to ensure ``meaningful 
and timely input by tribal officials in the development of regulatory 
policies that have tribal implications.'' ``Policies that have tribal 
implications'' is defined in the Executive order to include regulations 
that have ``substantial direct effects on one or more Indian tribes, on 
the relationship between the Federal Government and the Indian tribes, 
or on the distribution of power and responsibilities between the 
Federal Government and Indian tribes.'' This rule will not have 
substantial direct effects on tribal governments, on the relationship 
between the Federal Government and Indian tribes, or on the 
distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified in Executive Order 13175. 
Thus, Executive Order 13175 does not apply to this rule.

V. 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).


    Dated: November 30, 2004.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.

List of Subjects in 40 CFR Part 180

    Environmental protection, Administrative practice and procedure, 
Agricultural commodities, Pesticides and pests, Reporting and 
recordkeeping requirements.


0
Therefore, 40 CFR chapter I is amended as follows:

PART 180--[AMENDED]

0
1. The authority citation for part 180 continues to read as follows:

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


Sec.  180.106  [Amended]

0
2. In Sec.  180.106, in the table to paragraph (b), amend the entry for 
``catfish fillets'' by revising the expiration date ``6/30/05'' to read 
``6/30/08.''


Sec.  180.353  [Amended]

0
3. In Sec.  180.353, in the table to paragraph (b), amend the entry for 
``red beet roots'' and ``red beet tops'' by revising the expiration 
``6/30/05'' to read ``6/30/08.''


Sec.  180.418  [Amended]

0
4. In Sec.  180.418, in the table to paragraph (b), amend the entries 
for ``flax, meal'' and ``flax, seed'' by revising the expiration date 
``6/30/2005'' to read ``6/30/2008.''


Sec.  180.434  [Amended]

0
5. In Sec.  180.434, in the table to paragraph (b), amend the entries 
for ``grain, aspirated fractions;'' ``sorghum, grain, grain;'' and 
``sorghum, grain, stover'' by revising the expiration date ``6/30/05''; 
to read ``6/30/08.''


Sec.  180.443  [Amended]

0
6. In Sec.  180.443, in the table to paragraph (b), amend the entry for 
``beet, sugar, tops'' by revising the expiration date ``12/31/04'' to 
read ``12/31/07''.


Sec.  180.498  [Amended]

0
7. In Sec.  180.498, in the table to paragraph (b), amend the entry for 
``bean, succulent seed without pod (lima beans, cowpeas)'' by revising 
the expiration date ``12/31/04'' to read ``12/31/07.''


Sec.  180.507  [Amended]

0
8. In Sec.  180.507. in the table to paragraph (b), amend the entry for 
``safflower, seed'' by revising the expiration date ``6/30/05'' to read 
``6/30/08.''


Sec.  180.1020  [Amended]

0
9. In subpart D, in Sec.  180.1020, in the table to paragraph (b), 
amend the entry for ``wheat'' by revising the expiration date ``12/31/
04'' to read ``12/31/06.''

[FR Doc. 04-27031 Filed 12-9-04; 8:45 am]
BILLING CODE 6560-50-S


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