38748 Federal Register / Vol. 65, No. 121 / Thursday, June 22, 2000 / Rules and Regulations

otherwise satisfies the provisions of the

Clean Air Act. Thus, the requirements of

section 12(d) of NTTAA do not apply.

List of Subjects in 40 CFR Part 70

Environmental protection,

Administrative practice and procedure,

Air pollution control, Intergovernmental

relations, Operating permits, Reporting

and recordkeeping requirements.

Dated: June 8, 2000.

Phyllis P. Harris,

Acting Regional Administrator, Region 4.

For reasons set out in the preamble,

Appendix A of part 70 of title 40,

chapter I, of the Code of Federal

Regulations is amended as follows:

PART 70—[AMENDED]

1. The authority citation for part 70

continues to read as follows:

Authority: 42 U.S.C. 7401 et seq.

2. Appendix A to part 70 is amended

by revising the entry for North Carolina

to read as follows:

Appendix A to Part 70—Approval

Status of State and Local Operating

Permits Programs

* * * * *

North Carolina

(a)(1) Department of Environment and

Natural Resources: submitted on November

12, 1993, and supplemented on December 17,

1993, May 31, 1994, and August 3, 1994,

March 23, 1995, and August 9, 1995; interim

approval effective on December 15, 1995;

interim approval expires June 1, 2000.

(2) [Reserved]

(b)(1) Forsyth County Environmental

Affairs Department: submitted on November

12, 1993, and supplemented on May 31, 1994

and November 28, 1994; interim approval

effective on December 15, 1995; interim

approval expires June 1, 2000.

(2) Forsyth County submitted program

revisions on September 25, 1995, January 16,

1997, August 1, 1997, April 22, 1998, October

2, 1998, February 18, 1999, September 29,

1999, October 26, 1999, and February 24,

2000. The rule revisions contained in the

September 25, 1995, August 1, 1997, and

October 26, 1999 submittals adequately

addressed the conditions of the interim

approval which would expire on June 1,

2000. The County is hereby granted final full

approval effective on August 21, 2000.

(3) [Reserved]

(c)(1) Mecklenburg County Department of

Environmental Protection: submitted on

November 12, 1993, and supplemented on

June 5, 1995; interim approval effective on

December 15, 1995; interim approval expires

June 1, 2000.

(2) [Reserved]

(d)(1) Western North Carolina Regional Air

Pollution Control Agency: submitted on

November 12, 1993, and supplemented on

January 12, 1994, September 16, 1994,

October 11, 1994, and May 17, 1995; interim

approval effective on December 15, 1995;

interim approval expires June 1, 2000.

(2) [Reserved]

* * * * *

[FR Doc. 00–15290 Filed 6–21–00; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 180

[OPP–301003; FRL–6557–9]

RIN 2070–AB78

Azinphos-Methyl, Revocation and

Lowering of Certain Tolerances;

Tolerance Actions

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This final rule revises the

tolerances for azinphos-methyl by

revoking specific tolerances and

modifying specific other tolerances

listed in the regulatory text for the

insecticide azinphos-methyl (40 CFR

180.154). In the Federal Register on

December 22, 1999 (FRL–6399–6), EPA

issued a document which proposed to

revoke and modify the tolerances

addressed in this document. The

regulatory actions in this document 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). By law,

EPA is required to reassess 66% of the

tolerances in existence on August 2,

1996, by August 2002, or about 6,400

tolerances. This document counts 22

tolerance reassessments made toward

the August 2002 review deadline of

FFDCA section 408(q), as amended by

the Food Quality Protection Act (FQPA)

of 1996.

DATES: This final rule becomes effective

September 20, 2000. Objections and

requests for hearings, identified by

docket control number OPP–301003,

must be received by EPA on or before

August 21, 2000.

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’’

section of this document. To ensure

proper receipt by EPA, your objections

and hearing requests must identify

docket control number OPP–301003 in

the subject line on the first page of your

response.

FOR FURTHER INFORMATION CONTACT:

Barry O’Keefe, Special Review and

Reregistration Division (7508C), Office

of Pesticide Programs, Environmental

Protection Agency, Ariel Rios Bldg.,

1200 Pennsylvania Ave., NW.,

Washington, DC 20460; telephone

number: (703) 308–8035; fax number:

(703) 308–8041; e-mail address:

okeefe.barry@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 categories and entities may

include, but are not limited to:

Categories NAICS Examples of 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 this table could

also be affected. The North American

Industrial Classification System

(NAICS) codes are 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’’ and then look

up the entry for this document under

Federal Register / Vol. 65, No. 121 / Thursday, June 22, 2000 / Rules and Regulations 38749

the ‘‘Federal Register—Environmental

Documents.’’ You can also go directly to

the Federal Register listings at http://

www.epa.gov/fedrgstr/.

2. In person. The Agency has

established an official record for this

action under docket control number

OPP–301003. The official record

consists of the documents specifically

referenced in this action, any public

comments received during an applicable

comment period, 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 revokes and modifies

the FFDCA tolerances for residues of the

insecticide azinphos-methyl in or on

certain specified commodities, in

accordance with a Memorandum of

Agreement (MOA) of August 2, 1999,

between registrants and EPA. In the

Federal Register of December 22, 1999

(64 FR 71708) (FRL–6399–6), EPA

issued a proposed rule to revoke the

tolerances listed in this final rule. The

December 22, 1999 proposal invited

public comment for consideration. No

comments were received by the Agency.

EPA is revoking and modifying

certain tolerances for residues of the

insecticide azinphos-methyl in 40 CFR

180.154. In particular, EPA is revoking

the tolerance on sugarcane, with a

revocation/expiration date of June 30,

2000, since by agreement this use has

been deleted from active labels, because

of surface water vulnerability and to

prevent unreasonable risks to wildlife

and contamination of water. EPA is

setting the revocation/expiration date of

June 30, 2000, in order to allow time for

existing stocks in the hands of users to

be used.

EPA is lowering tolerances found in

40 CFR 180.154(a) for residues of the

insecticide azinphos-methyl in or on

apples, crabapples, pears, and quinces,

each from 2.0 ppm to 1.5 ppm, in or on

cranberries from 2.0 ppm to 0.5 ppm,

and in or on grapes from 5.0 ppm to 4.0

ppm. These modifications will be

effective 90 days after the publication of

this final rule in the Federal Register.

Also, the Agency is revoking

tolerances for residues of azinphosmethyl in or on commodities for which

there are no registered uses; including:

apricots; artichokes; barley, grain;

barley, straw; beans (dry); gooseberries;

grass, pasture (green); grass, pasture,

hay; kiwi fruit; oats, grain; oats, straw;

peas, black-eyed; rye, grain; rye, straw;

soybeans; wheat, grain; and wheat,

straw in 40 CFR 180.154(a), and

pomegranates in 40 CFR 180.154(b).

These revocations concern uses that

have not been on active labels since

January 1999. The Agency believes that

azinphos-methyl had not been used on

these crops for some time.

Consequently, no treated commodities

covered by these tolerances are expected

to be in the channels of trade. Therefore,

EPA is revoking these tolerances

because they are not necessary to cover

residues in or on domestically treated

commodities or commodities treated

outside but imported into the United

States. Azinphos-methyl is no longer

used on these specified commodities

within the United States and no person

has provided comment identifying 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 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. No such

comments were received. Therefore,

these revocations will be effective 90

days after the publication of this final

rule in the Federal Register.

EPA is also removing 40 CFR 180.531,

and is revoking the three tolerances

found in that section for residues of

azinphos-methyl; which are as follows:

Sugarcane bagasse, since this

commodity is not considered a

significant livestock feed item; citrus

pulp, dried, since an adequate orange

processing study did not show

concentration in dried orange pulp (in

accordance with FFDCA section

408(a)(2), since residues in the

processed food will not exceed the raw

food tolerance); and soybean oil, since

there are no active registrations with

soybean on the label. Therefore, these

revocations will be effective 90 days

after the publication of this final rule in

the Federal Register.

Since the available data indicate that

finite residues of azinphos-methyl are

not expected in animal tissues or milk,

in accordance with 40 CFR 180.6(a)(3)

EPA is revoking tolerances found in 40

CFR 180.154(a) for cattle, fat; cattle,

mbyp; cattle, meat; goat, fat; goat, mbyp;

goat, meat; horse, fat; horse, mbyp;

horse, meat; sheep, fat; sheep, mbyp;

and sheep, meat; and EPA is revoking

40 CFR 180.154a, the tolerance for milk.

The revocation of these 13 meat, milk,

poultry and egg (MMPE) tolerances

implements the Agency finding as

published in the Federal Register on

August 2, 1999 (64 FR 41933) (FRL–

6097–3), which stated, under 40 CFR

180.6 there is no reasonable expectation

of finite residues for azinphos-methyl

on the MMPE commodities and,

therefore, these tolerances were

considered reassessed and could be

revoked, because they are not needed.

EPA is removing the tolerance in 40

CFR 180.154(a) for residues of azinphosmethyl in or on nectarines, in

accordance with 40 CFR 180.1(h), since

the tolerance on nectarines (set at 2.0

ppm) is not necessary, because its use

is covered by the tolerance for peaches

(also set at 2.0 ppm).

This rule also lowers tolerances found

in 40 CFR 180.154(a) for residues of

azinphos-methyl in or on almond and

potato, each from 0.3 to 0.2 ppm, and

in or on almond hulls from 10.3 to 5.0

ppm, since the available data indicate

that these tolerances can be lowered to

achieve compatibility with the

corresponding Codex MRLs. These

reductions in tolerances are based on

the most recent data that more

accurately reflect residue levels that are

likely to be detected.

Codex MRLs exist for the following

tolerances, i.e. apricot at 2.0 ppm, cereal

grains at 0.2 ppm, kiwi fruit at 4.0 ppm,

and soya bean at 0.2 ppm.

Notwithstanding the existence of these

MRLs, EPA is revoking the tolerances

because retention would increase the

chances of misuse and may result in

unnecessary restriction on trade of

pesticides and foods as well as

inhibiting the retention and approval of

tolerances, as discussed in greater detail

in Unit II.B., below.

Additionally, in this final rule, EPA is

changing commodity terminology and

definitions for several commodities to

conform to current Agency practice.

These changes are in accordance with

38750 Federal Register / Vol. 65, No. 121 / Thursday, June 22, 2000 / Rules and Regulations

the revised Crop Group Regulation (40

CFR 180.41) and the updated Table I

‘‘Raw Agricultural and Processed

Commodities and Feedstuffs Derived

from Crops’’ (August, 1996) in the

Residue Chemistry Test Guidelines:

OPPTS 860.1000 (EPA 721–C–96–169).

Table I contains data on both crops and

livestock diets, and lists feed

commodities considered significant in

livestock diets. Significant feedstuffs

account for more than 99 percent of the

available annual tonnage (on a drymatter basis) of feedstuffs used in the

domestic production of more than 95

percent of beef and dairy cattle, poultry,

swine, milk, and eggs. The EPA has

devised criteria to include or exclude

feedstuffs from Table I and set

tolerances for significant feedstuffs.

Tolerances are not set for feedstuffs

which are neither significant nor a

human food. Pesticide residues on such

feedstuffs are governed by tolerances on

the commodity from which they are

derived (62 FR 66020, December 17,

1997) (FRL–5753–1). These changes

relate only to nomenclature and have no

effect on the scope of the tolerance. The

specific commodity terminology name

changes are listed in the table as

follows:

Old Commodity

Name

New Commodity

Name

Almonds ............. Almond

Almonds, hulls .... Almond, hulls

Apples ................ Apple

Beans, snap ....... Bean, snap, succulent

Blackberries ........ Blackberry

Blueberries ......... Blueberry

Boysenberries .... Boysenberry

Cherries .............. Cherry

Citrus fruits ......... Fruit, citrus, group

Crabapples ......... Crabapple

Cranberries ......... Cranberry

Cucumbers ......... Cucumber

Eggplants ........... Eggplant

Filberts ................ Filbert

Grapes ................ Grape

Loganberries ...... Loganberry

Melons (honeydew, muskmelon, cantaloupe, watermelon, and

other melons).

Melon

Nuts, pistachio .... Pistachio

Onions ................ Onion

Parsley, leaves ... Parsley, leaf

Parsley, roots ..... Parsley, root

Peaches ............. Peach

Pears .................. Pear

Pecans ............... Pecan

Peppers .............. Pepper

Plums (fresh

prunes).

Plum, prune

Potatoes ............. Potato

Quinces .............. Quince

Raspberries ........ Raspberry

Strawberries ....... Strawberry

Old Commodity

Name

New Commodity

Name

Tomatoes (PREand POST-H).Tomato, postharvest

Walnuts .............. Walnut

Please note that a few typographical

errors were made in the proposed rule

that are corrected in this final rule. Unit

II.F. should have read as Unit II.C. Also,

the parts per million value for crabapple

was listed incorrectly in the codification

section as 2.0 parts per million, while it

was listed correctly in the preamble as

1.5 parts per million.

The regulatory actions in this

document 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).

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.

Furthermore, as a general matter, the

Agency believes that retention of

tolerances not needed to cover any

imported food may result in

unnecessary restriction on trade of

pesticides and foods. Under section 408

of the FFDCA, a tolerance may only be

established or maintained if EPA

determines that the tolerance is safe

based on a number of factors, including

an assessment of the aggregate exposure

to the pesticide and of the cumulative

effects of such pesticide and other

substances that have a common

mechanism of toxicity. In doing so, EPA

must consider potential contributions to

such exposure from all tolerances. If the

cumulative risk is such that the

tolerances in aggregate are not safe, then

every one of these tolerances is

potentially vulnerable to revocation.

Furthermore, if unneeded tolerances are

included in the aggregate and

cumulative risk assessments, the

estimated exposure to the pesticide

would be inflated. Consequently, it may

be more difficult for others to obtain

needed tolerances or to register needed

new uses. To avoid these traderestricting situations, the Agency is

revoking tolerances for residues on crop

uses for which FIFRA registrations no

longer exist. Through the proposed rule,

the Agency invited individuals who

may have needed these import

tolerances to identify themselves and

the tolerances that are needed to cover

imported commodities. No responses

were received.

Under section 408(d) of the FFDCA,

the Agency may issue a final or

proposed regulation establishing,

modifying, or revoking a tolerance in

response to a petition filed with the

Agency that proposes the issuance of

such regulation. On August 2, 1999,

EPA and the registrants holding Section

3 registrations for azinphos-methyl

signed a Memorandum of Agreement

(MOA), which specifically states that

the registrants shall submit to EPA a

petition requesting many of the

tolerance modifications detailed in this

proposal; i.e. lowering tolerances on

apples, crabapples, cranberries, grapes,

pears, and quinces, and revoking the

tolerance on sugarcane. Such a petition

has been received by the Agency, dated

September 22, 1999. Thus, the Agency

is authorized by section 408(d) of the

FFDCA to issue a proposed regulation in

response to that petition. The MOA was

made to help mitigate acute dietary,

agricultural worker, and environmental

risks. During phase five of the Tolerance

Reassessment Advisory Committee

(TRAC) process, the Agency invited the

registrants, and any other affected or

interested parties, to submit to the

Agency additional risk mitigation

thoughts or measures, since the acute

dietary risk estimates from the revised

human health risk assessment remained

above the Agency’s level of concern.

The revised human health risk

assessment may be found at http://

www.epa.gov/pesticides/op. In addition

to the MOA, EPA is also revoking or

lowering other tolerances, as well as

changes in commodity nomenclature for

various reasons as described in Unit II

of this document.

C. 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

Federal Register / Vol. 65, No. 121 / Thursday, June 22, 2000 / Rules and Regulations 38751

2002. EPA is also required to assess the

remaining tolerances by August 2006.

As of 11/1/99, EPA has assessed over

3,400 tolerances. This document

revokes 35 tolerances and removes 1

tolerance, which is not considered a

revocation nor considered reassessed at

this time. Since 13 tolerances were

previously counted as reassessed, 22 of

the 35 revocations are counted as

reassessed in this final rule. The 22

reassessments are being counted toward

the August, 2002 review deadline of

FFDCA section 408(q), as amended by

the Food Quality Protection Act (FQPA)

of 1996.

D. 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 a final rule to ensure that

all affected parties receive notice of

EPA’s actions. Consequently, the

effective date is September 20, 2000;

except for the tolerance on sugarcane,

which expires on June 30, 2000.

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(l)(5), as established

by the FQPA. Under this section, any

residue of these pesticides in or on such

food shall not render the food

adulterated so long as it is shown to the

satisfaction of FDA that, (1) the residue

is present as the result of an application

or use of the pesticide at a time and in

a manner that was lawful under FIFRA,

and (2) the residue does not exceed the

level that was authorized at the time of

the application or use to be present on

the food under a tolerance or exemption

from a tolerance. Evidence to show that

food was lawfully treated may include

records that verify the dates that the

pesticide was applied to such food.

III. Other Considerations

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. This guidance will be made

available to interested persons.

IV. Objections or 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 of 1996, EPA will

continue to use those procedures, with

appropriate adjustments, until the

necessary modifications can be made.

The new section 408(g) 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), as was provided in the

old FFDCA sections 408 and 409.

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 control

number OPP–301003 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 August 21, 2000.

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, Ariel Rios Bldg.,

1200 Pennsylvania Ave., NW.,

Washington, DC 20460. You may also

deliver your request to the Office of the

Hearing Clerk in Rm. C–400, 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. 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

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, Ariel Rios Bldg.,

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, Ariel Rios Bldg.,

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–301003, to: Public

Information and Records Integrity

Branch, Information Resources and

38752 Federal Register / Vol. 65, No. 121 / Thursday, June 22, 2000 / Rules and Regulations

Services Division (7502C), Office of

Pesticide Programs, Environmental

Protection Agency, Ariel Rios Bldg.,

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: oppdocket@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 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; 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. How Do the Regulatory Assessments

Requirements Apply to this Final

Action?

This final rule will revoke tolerances

established under FFDCA section 408.

The Office of Management and Budget

(OMB) has exempted this type of action,

i.e., a tolerance revocation for which

extraordinary circumstances do not

exist, from review under Executive

Order 12866, entitled Regulatory

Planning and Review (58 FR 51735,

October 4, 1993). This action 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

prior consultation as specified by

Executive Order 13084, entitled

Consultation and Coordination with

Indian Tribal Governments (63 FR

27655, May 19, 1998); 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 require 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). Pursuant to

the Regulatory Flexibility Act (RFA) (5

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

previously assessed whether revocations

of tolerances might significantly impact

a substantial number of small entities

and concluded that, as a general matter,

these actions do not impose a significant

economic impact on a substantial

number of small entities. This analysis

was published on December 17, 1997

(62 FR 66020), and was provided to the

Chief Counsel for Advocacy of the Small

Business Administration. Taking into

account this analysis, and available

information concerning azinphosmethyl, 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 the revoked pesticides, generally

within the same countries from which

the relevant commodities are currently

imported. Furthermore, no

extraordinary circumstances exist as to

the present revocation 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 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).

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 rule

is not a ‘‘major rule’’ as defined by 5

U.S.C. 804(2).

List of Subjects in 40 CFR Part 180

Environmental protection,

Administrative practice and procedure,

Agricultural commodities, Pesticides

and pests, Reporting and recordkeeping

requirements.

Dated: June 12, 2000.

Susan B. Hazen,

Acting Director, Office of Pesticide Programs.

Therefore, 40 CFR part 180 is

amended as follows:

PART 180—[AMENDED]

1. The authority citation for part 180

continues to read as follows:

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

2. Section 180.154 is revised to read

as follows:

§ 180.154 O,O-Dimethyl S-[(4-oxo-1,2,3-

benzotriazin-3(4H)-

yl)methyl]phosphorodithioate; tolerances

for residues.

(a) General. Tolerances for residues of

the insecticide O,O-dimethyl S-[(4-oxo1,2,3-benzotriazin-3(4H)-

yl)methyl]phosphorodithioate in or on

the following raw agricultural

commodities:

Commodity

Parts

per

million

Expiration/

Revocation

Date

Alfalfa ........................... 2.0 None

Alfalfa, hay ................... 5.0 None

Almond ......................... 0.2 None

Federal Register / Vol. 65, No. 121 / Thursday, June 22, 2000 / Rules and Regulations 38753

Commodity

Parts

per

million

Expiration/

Revocation

Date

Almond, hulls ................ 5.0 None

Apple ............................ 1.5 None

Bean, snap, succulent .. 2.0 None

Birdfoot trefoil ............... 2.0 None

Birdfoot trefoil, hay ....... 5.0 None

Blackberry .................... 2.0 None

Blueberry ...................... 5.0 None

Boysenberry ................. 2.0 None

Broccoli ......................... 2.0 None

Brussels sprouts ........... 2.0 None

Cabbage ....................... 2.0 None

Cauliflower .................... 2.0 None

Celery ........................... 2.0 None

Cherry ........................... 2.0 None

Clover ........................... 2.0 None

Clover, hay ................... 5.0 None

Cottonseed ................... 0.5 None

Crabapple ..................... 1.5 None

Cranberry ..................... 0.5 None

Cucumber ..................... 2.0 None

Eggplant ....................... 0.3 None

Filbert ........................... 0.3 None

Fruit, citrus, group ........ 2.0 None

Grape ........................... 4.0 None

Loganberry ................... 2.0 None

Melon ............................ 2.0 None

Onion ............................ 2.0 None

Parsley, leaf ................. 5.0 None

Parsley, root ................. 2.0 None

Peach ........................... 2.0 None

Pear .............................. 1.5 None

Pecan ........................... 0.3 None

Pepper .......................... 0.3 None

Pistachio ....................... 0.3 None

Plum, prune .................. 2.0 None

Potato ........................... 0.2 None

Quince .......................... 1.5 None

Raspberry ..................... 2.0 None

Spinach ........................ 2.0 None

Strawberry .................... 2.0 None

Sugarcane .................... 0.3 6/30/00

Tomato, postharvest .... 2.0 None

Walnut .......................... 0.3 None

(b) Section 18 emergency exemptions.

[Reserved]

(c) Tolerances with regional

registrations. [Reserved]

(d) Indirect or inadvertent residues.

[Reserved]

§§ 180.154a and 180.531 [Removed]

3. By removing § 180.154a and

§ 180.531.

[FR Doc. 00–15725 Filed 6–21–00; 8:45 am]

BILLING CODE 6560–50–F

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 180

[OPP–300924; FRL–6383–7]

RIN 2070–AB78

Trichoderma Harzianum Rifai Strain T39; Exemption from the Requirement

of a Tolerance

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This regulation establishes an

exemption from the requirement of a

tolerance for residues of Trichoderma

harzianum Rifai strain T-39 on all food

commodities when applied/used as

ground and certain foliar applications.

Makhteshim Agan of North America

submitted a petition to EPA under the

Federal Food, Drug, and Cosmetic Act,

as amended by the Food Quality

Protection Act of 1996 requesting an

exemption from the requirement of a

tolerance. This regulation eliminates the

need to establish a maximum

permissible level for residues of

Trichoderma harzianum Rifai strain T39.

DATES: This regulation is effective June

22, 2000. Objections and requests for

hearings, identified by docket control

number OPP–300924, must be received

by EPA on or before August 21, 2000.

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 VIII. of the

‘‘SUPPLEMENTARY INFORMATION’’

section. To ensure proper receipt by

EPA, your objections and hearing

requests must identify docket control

number OPP–300924 in the subject line

on the first page of your response.

FOR FURTHER INFORMATION CONTACT: By

mail: Shanaz Bacchus, Biopesticides

and Pollution Prevention Division

(7511C), Office of Pesticide Programs,

Environmental Protection Agency, Ariel

Rios Bldg., 1200 Pennsylvania Ave.,

NW., Washington, DC 20460; telephone

number: 703–308–8097; and e-mail

address: bacchus.shanaz@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:

Categories NAICS Examples of 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 in the ‘‘FOR FURTHER

INFORMATION CONTACT’’ section.

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’’ 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/.

2. In person. The Agency has

established an official record for this

action under docket control number

OPP–300924. 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.