[Federal Register Volume 65, Number 121 (Thursday, June 22, 2000)]
[Rules and Regulations]
[Pages 38748-38753]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-15725]


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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.

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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: <a href="/cdn-cgi/l/email-protection#2b44404e4e4d4e05494a5959526b4e5b4a054c445d"><span class="__cf_email__" data-cfemail="3857535d5d5e5d165a594a4a41785d4859165f574e">[email protected]</span></a>.

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:

------------------------------------------------------------------------
                                                          Examples of
           Categories                    NAICS            potentially
                                                       affected entities
------------------------------------------------------------------------
Industry                          111                 Crop production
                                  112                 Animal production
                                  311                 Food manufacturing
                                  32532               Pesticide
                                                       manufacturing
------------------------------------------------------------------------

    This listing is not intended to be exhaustive, but rather provides 
a guide for readers regarding entities likely to be affected by this 
action. Other types of entities not listed in 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

[[Page 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 azinphos-
methyl 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 
azinphos- methyl 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

[[Page 38750]]

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 dry-matter 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,     Melon
 watermelon, and other melons).
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
Tomatoes (PRE- and 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 trade-
restricting 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

[[Page 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 <a href="/cdn-cgi/l/email-protection#74001b19041f1d1a075a1e1d19341104155a131b02"><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, 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

[[Page 38752]]

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: <a href="/cdn-cgi/l/email-protection#fc938c8cd198939f979988bc998c9dd29b938a"><span class="__cf_email__" data-cfemail="dfb0afaff2bbb0bcb4baab9fbaafbef1b8b0a9">[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; 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 azinphos-methyl, 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:


Sec. 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-oxo-1,2,3-benzotriazin-3(4H)-
yl)methyl]phosphorodithioate in or on the following raw agricultural 
commodities:

------------------------------------------------------------------------
                                                     Parts   Expiration/
                     Commodity                        per     Revocation
                                                    million      Date
------------------------------------------------------------------------
Alfalfa...........................................    2.0           None
Alfalfa, hay......................................    5.0           None
Almond............................................    0.2           None

[[Page 38753]]

 
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]


Secs. 180.154a and 180.531  [Removed]

    3. By removing Sec. 180.154a and Sec. 180.531.

[FR Doc. 00-15725 Filed 6-21-00; 8:45 am]
BILLING CODE 6560-50-F


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