Federal Register / Vol. 70, No. 182 / Wednesday, September 21, 2005 / Rules and Regulations 55263 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[OPP–2005–0209; FRL–7732–5] 

Aminopyridine, Ammonia, 

Chloropicrin, Diazinon, Dihydro-5- 

heptyl-2(3H)-furanone, Dihydro-5- 

pentyl-2(3H)-furanone, and Vinclozolin; 

Tolerance Actions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is revoking specific 

tolerances and tolerance exemptions for 

residues of the bird repellent 4- 

aminopyridine, fungicides ammonia 

and vinclozolin, and insecticides 

chloropicrin, diazinon, dihydro-5- 

heptyl-2(3H)-furanone, and dihydro-5- 

pentyl-2(3H)-furanone. EPA canceled 

food use registrations or deleted food 

uses from registrations following 

requests for voluntary cancellation or 

use deletion by the registrants, or nonpayment of registration maintenance 

fees. The regulatory actions in this 

document contribute toward the 

Agency’s tolerance reassessment 

requirements of the Federal Food, Drug, 

and Cosmetic Act (FFDCA) section 

408(q), as amended by the Food Quality 

Protection Act (FQPA) of 1996. By law, 

EPA is required by August 2006 to 

reassess the tolerances in existence on 

August 2, 1996. The regulatory actions 

in this document pertain to the 

revocation of 39 tolerances and 

tolerance exemptions of which 33 count 

as tolerance reassessments toward the 

August, 2006 review deadline. 

DATES: This regulation is effective 

September 21, 2005. However, certain 

regulatory actions will not occur until 

the date specified in the regulatory text. 

Objections and requests for hearings 

must be received on or before November 

21, 2005. 

ADDRESSES: To submit a written 

objection or hearing request follow the 

detailed instructions as provided in 

Unit IV. of the SUPPLEMENTARY

INFORMATION. EPA has established a 

docket for thisaction under Docket 

identification (ID) number OPP–2005–

0209. 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 #2, 1801 S. Bell St., 

Arlington, VA. This docket facility is 

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

through Friday, excluding legal 

holidays. The docket telephone number 

is (703) 305–5805. 

FOR FURTHER INFORMATION CONTACT: 

Joseph Nevola, Special Review and 

Reregistration Division (7508C), Office 

of Pesticide Programs, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460–

0001; telephone number: (703) 308–

8037; e-mail address:nevola. 

joseph@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this Action Apply to Me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. Potentially 

affected entities may include, but are 

not limited to: 

• Crop production (NAICS 111), e.g., 

agricultural workers; greenhouse, 

nursery, and floriculture workers; 

farmers. 

• Animal production (NAICS 112), 

e.g., cattle ranchers and farmers, dairy 

cattle farmers, livestock farmers. 

• Food manufacturing (NAICS 311), 

e.g., agricultural workers; farmers; 

greenhouse, nursery, and floriculture 

workers; ranchers; pesticide applicators. 

• Pesticide manufacturing (NAICS 

32532), e.g., agricultural workers; 

commercial applicators; farmers; 

greenhouse, nursery, and floriculture 

workers; residential users. 

This listing is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

affected by this action. Other types of 

entities not listed in this unit could also 

be affected. The North American 

Industrial Classification System 

(NAICS) codes have been provided to 

assist you and others in determining 

whether this action might apply to 

certain entities. If you have any 

questions regarding the applicability of 

this action to a particular entity, consult 

the person listed under FOR FURTHER

INFORMATION CONTACT. 

B. How Can I Access Electronic Copies 

of this Document and Other Related 

Information? 

In addition to using EDOCKET (http:// 

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

this Federal Register document 

electronically through the EPA Internet 

under the ‘‘Federal Register’’ listings at 

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

frequently updated electronic version of 

40 CFR part 180 is available at E-CFR 

Beta Site Two at http:// 

www.gpoaccess.gov/ecfr/. 

II. Background 

A. What Action is the Agency Taking? 

In the Federal Register of May 18, 

2005 (70 FR 28497) (FRL–7713–8), EPA 

issued a proposed rule to revoke certain 

tolerances for residues of the bird 

repellent 4-aminopyridine, fungicides 

ammonia and vinclozolin, and 

insecticides chloropicrin, diazinon, 

dihydro-5-heptyl-2(3H)-furanone, and 

dihydro-5-pentyl-2(3H)-furanone. Also, 

the proposal of May 18, 2005 provided 

a 60–day comment period which invited 

public comment for consideration and 

for support of tolerance retention under 

the FFDCA standards. 

In this final rule, EPA is revoking 

these tolerances and tolerance 

exemptions because they pertain to uses 

which are either no longer current or 

registered under FIFRA in the United 

States. The tolerances and tolerance 

exemptions revoked by this final rule 

are no longer necessary to cover 

residues of the relevant pesticides in or 

on domestically treated commodities or 

commodities treated outside but 

imported into the United States. It is 

EPA’s general practice to revoke those 

tolerances and tolerance exemptions for 

residues of pesticide active ingredients 

on crop uses for which there are no 

active registrations under FIFRA, unless 

any person in comments on the 

proposal indicates a need for the 

tolerance or tolerance exemption to 

cover residues in or on imported 

commodities or domestic commodities 

legally treated. 

EPA has historically 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. Thus, it is EPA’s policy to issue 

a final rule revoking those tolerances for 

residues of pesticide chemicals for 

which there are no active registrations 

under FIFRA, unless any person 

commenting on the proposal 

demonstrates a need for the tolerance to 

cover residues in or on imported 

commodities or domestic commodities 

legally treated. 

Generally, EPA will proceed with the 

revocation of these tolerances on the 

grounds discussed in Unit II.A. if one of 

the following conditions applies: 

• Prior to EPA’s issuance of a section 

408(f) order requesting additional data 

55264 Federal Register / Vol. 70, No. 182 / Wednesday, September 21, 2005 / Rules and Regulations 

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

order revoking the tolerances on other 

grounds, commenters retract the 

comment identifying a need for the 

tolerance to be retained. 

• EPA independently verifies that 

the tolerance is no longer needed. 

• The tolerance is not supported by 

data that demonstrate that the tolerance 

meets the requirements under FQPA. 

In response to the proposal published 

in the Federal Register of May 18, 2005 

(70 FR 28497), EPA received two 

comments during the 60–day public 

comment period, as follows: 

1. Aminopyridine—comment by 

private citizen. A private citizen stated 

opposition to any existing tolerances or 

tolerance exemptions for 

aminopyridine. The commenter stated 

that aminopyridine was dangerous, its 

products (avitrol) should not be on the 

market, and opposed its use as a bird 

repellent. 

Agency response. On December 17, 

2003 the registrant requested voluntary 

cancellation of the food uses of 4- 

aminopyridine. In the Federal Register 

notice of October 27, 2004 (69 FR 

62666) (FRL–7683–7), EPA announced 

registration cancellations, including 

certain 4-aminopyridine (avitrol) 

registrations, for non-payment of year 

2004 registration maintenance fees, and 

stated that cancellation orders permitted 

registrants to sell and distribute existing 

stocks of the canceled products until 

January 15, 2005. 

The private citizen’s comment did not 

take issue with the Agency’s conclusion 

that tolerances for 4-aminopyridine 

should be revoked. It is EPA’s general 

practice to revoke tolerances for 

residues of pesticide active ingredients 

on crop uses for which FIFRA 

registrations no longer exist. However, 

cancellation orders will generally 

permit a registrant to sell or distribute 

existing pesticide stocks for 1–year after 

the date on which the fee was due, as 

described in the Federal Register Notice 

of October 27, 2004 (69 FR 62666). 

No comments were received by the 

Agency concerning the following 

actions regarding 4-aminopyridine that 

were proposed on May 18, 2005 (70 FR 

28497). 

The Agency believes that end users 

will have sufficient time to exhaust 

existing stocks and for treated 

commodities to have cleared the 

channels of trade by January 15, 2006. 

Therefore, EPA is revoking the 

tolerances in 40 CFR 180.312 for 

residues of the bird repellent 4- 

aminopyridine in or on corn, forage; 

corn, field, grain; corn, pop, grain; corn, 

stover; corn, sweet, kernels plus cob 

with husks removed; and sunflower, 

seed; each with an expiration/ 

revocation date of January 15, 2006. 

Also, EPA is revising the commodity 

terminology in 40 CFR 180.312 to 

conform to current Agency practice as 

follows: ‘‘corn, forage’’ to ‘‘corn, field, 

forage’’ and ‘‘corn, sweet, forage;’’

‘‘corn, stover’’ to ‘‘corn, field, stover;’’

‘‘corn, pop, stover;’’ and ‘‘corn, sweet, 

stover;’’ and ‘‘corn, sweet, kernels plus 

cob with husks removed’’ to ‘‘corn, 

sweet, kernel plus cob with husks 

removed.’’ In addition, in 40 CFR 

180.312, EPA is removing the ‘‘(N)’’

designation from all entries to conform 

to current Agency administrative 

practice ( ‘‘(N)’’ designation means 

negligible residues). 

2. Vinclozolin—Comment by UNILET. 

A comment was received by EPA from 

the Union Nationale 

Interprofessionnelle des Legumes 

Transformes (UNILET), a trade 

organization in France concerned with 

the field of processed vegetables. 

UNILET stated that vinclozolin was 

more effective than other fungicides in 

the control of white mold, caused by 

Sclerotinia sclerotiorum, and described 

the disease as widespread over areas of 

green beans in France. UNILET also 

stated that white mold has a major effect 

on yield and effects quality to the extent 

that it is the main reason for green beans 

to be refused for processing in France. 

Agency response. Under 40 CFR 

180.380, the tolerance for vinclozolin 

residues of concern on succulent beans 

was set to expire on September 30, 

2005. The proposal upon which 

UNILET commented was not to revoke 

the tolerance but to extend the 

revocation date from September 30 to 

November 30, 2005 in order to be 

consistent with a Federal Register 

Notice of August 22, 2001 (66 FR 44134) 

(FRL–6795–7). Thus, the comment is 

not relevant to this rulemaking. If the 

commenter desires a tolerance for use of 

vinclozolin on succulent beans, then the 

commenter should petition for a new 

tolerance per procedures in 40 CFR part 

180, subpart B. In that regard, EPA notes 

the commenter’s acknowledgement that 

other fungicides, such as thiophanatemethyl, iprodione, cyprodinil, and 

boscalid are available to control white 

mold on green beans. Considerations 

related to the beneficial impacts of a 

pesticide are cognizable under the 

FFDCA only in very narrow 

circumstances See 21 U.S.C. 

346a(b)(2)(B). 

In this final rule, EPA is extending the 

expiration/revocation date for the 

tolerance in 40 CFR 180.380(a) for 

vinclozolin residues of concern in or on 

bean, succulent from September 30 to 

November 30, 2005. 

No comments were received by the 

Agency concerning the following 

actions regarding vinclozolin that were 

proposed on May 18, 2005 (70 FR 

28497). 

In the Federal Register notice of 

August 22, 2001 (66 FR 44134) (FRL–

6795–7), EPA announced use 

cancellations for certain vinclozolin 

registrations, including uses of the 

fungicide vinclozolin on kiwi, chicory, 

lettuce, and succulent beans with a last 

date for legal use as January 30, 2004; 

January 30, 2004; November 30, 2005, 

and November 30, 2005, respectively. 

The Agency believes that end users have 

had sufficient time to exhaust existing 

stocks and for treated kiwi and chicory 

commodities to have cleared the 

channels of trade. Further, pursuant to 

FFDCA section 408(l)(5), treated lettuce 

and succulent bean commodities that 

have been legally treated on or before 

November 30, 2005 and whose residues 

are within the tolerance set to expire on 

that date, will not be considered 

adulterated, even if they have not yet 

cleared channels of trade. Therefore, 

EPA is revoking the tolerances in 40 

CFR 180.380(a) for the combined 

residues of the fungicide vinclozolin 

and its metabolites containing the 3,5- 

dichloroaniline moiety in or on Belgian 

endive, tops and kiwifruit on the date of 

publication of the final rule; and also 

lettuce, head and lettuce, leaf; each with 

an expiration/revocation date of 

November 30, 2005. 

Further, EPA is revising commodity 

terminology in 40 CFR 180.380 to 

conform to current Agency practice as 

follows: ‘‘grape, (wine)’’ to ‘‘grape, 

wine.’’

No comments were received by the 

Agency concerning the following. 

3. Ammonia. Because there have been 

no active registered uses of ammonia on 

food since 1987, the associated 

tolerance exemptions are no longer 

needed. Therefore, EPA is revoking the 

tolerance exemptions in 40 CFR 

180.1003 for residues of the fungicide 

ammonia when used after harvest on 

grapefruit, lemons, oranges, and corn 

grain for feed use only. 

4. Chloropicrin. Because there have 

been no active registrations of 

chloropicrin concerning post-harvest 

uses on grain since 1991, the associated 

tolerance exemptions are no longer 

needed. Also, the Agency believes that 

chloropicrin is not found in the 

formulation of other fumigant pesticides 

with active registrations for post-harvest 

use on grains. In addition, the Agency 

believes that it is unlikely that 

detectable residues of chloropicrin will 

be found in or on any raw agricultural 

commodity in formulations where it is 

Federal Register / Vol. 70, No. 182 / Wednesday, September 21, 2005 / Rules and Regulations 55265 

used as a warning agent (2% or less) due 

to its volatility. 

Therefore, EPA is revoking the 

tolerance exemptions in 40 CFR 

180.1008 for residues of chloropicrin 

when used as a fumigant after harvest 

on barley, buckwheat, corn (including 

popcorn), oats, rice, rye, grain sorghum, 

and wheat. 

5. Diazinon. In the Federal Register 

notice of May 30, 2001 (66 FR 29310) 

(FRL–6785–2), EPA announced the 

receipt of requests to voluntarily cancel 

and amend certain diazinon 

registrations. The Agency published the 

cancellation order in the Federal 

Register of July 19, 2001 (66 FR 

37673)(FRL–6791–9) and made the 

registration cancellations and 

amendments effective on July 19, 2001, 

and registrant sale and distribution of 

existing stocks was permitted for 1 year; 

i.e., until July 19, 2002. 

Also, in the Federal Register notice of 

September 13, 2001 (66 FR 47658) 

(FRL–6800–6), EPA announced the 

receipt of requests to voluntarily cancel 

and amend certain diazinon 

registrations. The Agency published the 

cancellation order in the Federal 

Register of November 15, 2001 (66 FR 

57440)(FRL–6809–5) and made the 

registration cancellations and 

amendments effective on November 15, 

2001, and registrant sale and 

distribution of existing stocks was 

permitted for 1 year; i.e., until 

November 15, 2002. 

EPA believes that end users have had 

sufficient time, more than 2 years, to 

exhaust those existing stocks and for 

treated commodities to have cleared the 

channels of trade. Therefore, the Agency 

is revoking the tolerances in 40 CFR 

180.153 for residues of the insecticide 

diazinon in or on alfalfa, fresh; alfalfa, 

hay; guar, seed; clover, forage; clover, 

hay; cotton, undelinted seed; cowpea; 

cowpea, forage; lespedeza; sorghum, 

forage; and sorghum, grain; and all 

revocations are effective on the date of 

publication of this final rule in the 

Federal Register. 

Further, EPA is revising commodity 

terminology in 40 CFR 180.153 to 

conform to current Agency practice as 

follows: ‘‘Banana (NMT 0.1 ppm shall 

be present in the pulp after peel is 

removed)’’ to ‘‘banana,’’ ‘‘corn, forage’’

to ‘‘corn, field, forage’’ and ‘‘corn, sweet, 

forage;’’ ‘‘corn, kernel plus cob with 

husks removed’’ to ‘‘corn, sweet, kernel 

plus cob with husks removed;’’ ‘‘endive 

(escarole)’’ to ‘‘endive;’’ ‘‘ginseng, root’’

to ‘‘ginseng, roots;’’ ‘‘hop’’ to ‘‘hop, 

dried cones;’’ ‘‘onion’’ to ‘‘onion, dry 

bulb’’ and ‘‘onion, green;’’ ‘‘peavine 

hay’’ to ‘‘pea, field, hay;’’ ‘‘peavines’’ to 

‘‘pea, field, vines;’’ ‘‘pea with pods 

(determined on pea after removing any 

shell present when marketed)’’ to ‘‘pea, 

succulent;’’ and ‘‘rutabagas’’ to 

‘‘rutabaga.’’

Additional information can be found 

in the 2002 Diazinon Interim 

Reregistration Eligibility Decision 

(IRED). A printed copy of the diazinon 

IRED may be obtained from EPA’s 

National Service Center for 

Environmental Publications (EPA/ 

NSCEP), P.O. Box 42419, Cincinnati, 

OH 45242–2419, telephone 1–800–490–

9198; fax 1–513–489–8695; internet at 

http://www.epa.gov/ncepihom/ and 

from the National Technical Information 

Service (NTIS), 5285 Port Royal Road, 

Springfield, VA 22161, telephone 1–

800–553–6847 or 703–605–6000; 

internet at http://www.ntis.gov/. An 

electronic copy of the diazinon IRED is 

available on the internet at http:// 

www.epa.gov/pesticides/reregistration/ 

status.htm. 

6. Dihydro-5-heptyl-2(3H)-furanone. 

In the Federal Register notice of 

October 27, 2004 (69 FR 62666), EPA 

announced registration cancellations, 

including a certain dihydro-5-heptyl2(3H)-furanone registration, for nonpayment of year 2004 registration 

maintenance fees. The cancellation 

orders permitted registrants to sell and 

distribute existing stocks of the canceled 

products until January 15, 2005, 1 year 

after the date on which the fee was due. 

The Agency believes that end users have 

had sufficient time to exhaust existing 

stocks and for treated commodities to 

have cleared the channels of trade. 

Therefore, EPA is revoking the tolerance 

exemptions in 40 CFR 180.528 for 

residues of the insecticide dihydro-5- 

heptyl-2(3H)-furanone in or on animal 

feed and processed food. 

Also, EPA is amending paragraph 

(a)(1) in 40 CFR 180.539 and removing 

dihydro-5-heptyl-2(3H)-furanone from 

the tolerance exemption expression for 

d-Limonene. 

7. Dihydro-5-pentyl-2(3H)-furanone. 

In the Federal Register notice of 

October 27, 2004 (69 FR 62666), EPA 

announced registration cancellations, 

including a certain dihydro-5-pentyl2(3H)-furanone registration, for nonpayment of year 2004 registration 

maintenance fees. The cancellation 

orders permitted registrants to sell and 

distribute existing stocks of the canceled 

products until January 15, 2005, 1 year 

after the date on which the fee was due. 

The Agency believes that end users have 

had sufficient time to exhaust existing 

stocks and for treated commodities to 

have cleared the channels of trade. 

Therefore, EPA is revoking the tolerance 

exemptions in 40 CFR 180.529 for 

residues of the insecticide dihydro-5- 

pentyl-2(3H)-furanone in or on animal 

feed and processed food. 

Also, EPA is amending paragraph 

(a)(1) in 40 CFR 180.539 and removing 

dihydro-5-pentyl-2(3H)-furanone from 

the tolerance exemption expression for 

d-Limonene. 

B. What is the Agency’s Authority for 

Taking this Action? 

EPA’s general practice is to revoke 

tolerances for residues of pesticide 

active ingredients on crops for which 

FIFRA registrations no longer exist and 

on which the pesticide may therefore no 

longer be used in the United States. EPA 

has historically been concerned that 

retention of tolerances that are not 

necessary to cover residues in or on 

legally treated foods may encourage 

misuse of pesticides within the United 

States. Nonetheless, EPA will establish 

and maintain tolerances even when 

corresponding domestic uses are 

canceled if the tolerances, which EPA 

refers to as ‘‘import tolerances,’’ are 

necessary to allow importation into the 

United States of food containing such 

pesticide residues. However, where 

there are no imported commodities that 

require these import tolerances, the 

Agency believes it is appropriate to 

revoke tolerances for unregistered 

pesticides in order to prevent potential 

misuse. 

C. When Do These Actions Become 

Effective? 

With the exception of certain 

tolerances for 4-aminopyridine and 

vinclozolin, for which EPA is revoking 

certain tolerances with specific 

expiration/revocation dates, the Agency 

is revoking these tolerances and 

tolerance exemptions, revising 

commodity terminology, and removing 

dihydro-5-heptyl-2(3H)-furanone and 

dihydro-5-pentyl-2(3H)-furanone from 

the tolerance expression in 40 CFR 

180.539 for d-limonene, effective on the 

date of publication of this final rule in 

the Federal Register. With the exception 

of 4-aminopyridine and vinclozolin, the 

Agency believes that existing stocks of 

pesticide products labeled for the uses 

associated with the revoked tolerances 

have been completely exhausted and 

that treated commodities have cleared 

the channels of trade. EPA is revoking 

certain tolerances with expiration/ 

revocation dates of January 15, 2006 for 

specific 4-aminopyridine tolerances and 

November 30, 2005 for tolerances of 

vinclozolin residues of concern on bean, 

succulent; lettuce, head; and lettuce, 

leaf. The Agency believes that these 

revocation dates allow users to exhaust 

stocks and allow sufficient time for 

55266 Federal Register / Vol. 70, No. 182 / Wednesday, September 21, 2005 / Rules and Regulations 

passage of treated commodities through 

the channels of trade. 

Any commodities listed in the 

regulatory text of this document that are 

treated with the pesticides subject to 

this final rule, and that are in the 

channels of trade following the 

tolerance revocations, shall be subject to 

FFDCA section 408(1)(5), as established 

by the FQPA. Under this section, any 

residues of these pesticides in or on 

such food shall not render the food 

adulterated so long as it is shown to the 

satisfaction of the Food and Drug 

Administration 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 tolerance. Evidence to show that 

food was lawfully treated may include 

records that verify the dates that the 

pesticide was applied to such food. 

D. What is the Contribution to Tolerance 

Reassessment? 

By law, EPA is required by August 

2006 to reassess the tolerances in 

existence on August 2, 1996. As of 

September 6, 2005, EPA has reassessed 

over 7,430 tolerances. This document 

revokes a total of 39 tolerances of which 

33 are counted as tolerance 

reassessments toward the August 2006 

review deadline of FFDCA section 

408(q), as amended by FQPA in 1996. 

For the purpose of tolerance 

reassessment, the commodity entry 

‘‘corn (including popcorn)’’ in 40 CFR 

180.1008 for chloropicrin represents 

two tolerances; i.e., corn (postharvest) 

and corn, pop, grain (postharvest). 

Therefore, it is counted herein as two 

revocations, and therefore two tolerance 

reassessments. In addition, while the 

corn, field, grain and corn, pop, grain 

tolerances for 4-aminopyridine are 

counted as two revocations, EPA counts 

them as one tolerance reassessment 

because the Agency counted them as 

one tolerance at the beginning of FQPA 

when these were listed in 40 CFR 

180.312 as one tolerance; i.e., corn, 

grain. Finally, the vinclozolin tolerances 

were previously reassessed. 

III. Are There Any International Trade 

Issues Raised by this Final Action? 

EPA is working to ensure that the U.S. 

tolerance reassessment program under 

FQPA does not disrupt international 

trade. EPA considers Codex Maximum 

Residue Limits (MRLs) in setting U.S. 

tolerances and in reassessing them. 

MRLs are established by the Codex 

Committee on Pesticide Residues, a 

committee within the Codex 

Alimentarius Commission, an 

international organization formed to 

promote the coordination of 

international food standards. When 

possible, EPA seeks to harmonize U.S. 

tolerances with Codex MRLs. EPA may 

establish a tolerance that is different 

from a Codex MRL; however, FFDCA 

section 408(b)(4) requires that EPA 

explain in a Federal Register document 

the reasons for departing from the 

Codex level. EPA’s effort to harmonize 

with Codex MRLs is summarized in the 

tolerance reassessment section of 

individual REDs. The U.S. EPA has 

developed guidance concerning 

submissions for import tolerance 

support (65 FR 35069, June 1, 2000) 

(FRL–6559–3). This guidance will be 

made available to interested persons. 

Electronic copies are available on the 

internet at http://www.epa.gov/. On the 

Home Page select ‘‘Laws and 

Regulations,’’ then select ‘‘Regulations 

and Proposed Rules’’ and then look up 

the entry for this document under 

‘‘Federal Register—Environmental 

Documents.’’ You can also go directly to 

the ‘‘Federal Register’’ listings at http:// 

www.epa.gov/fedrgstr/. 

IV. Objections and Hearing Requests 

Under section 408(g) of FFDCA, as 

amended by FQPA, any person may file 

an objection to any aspect of this 

regulation and may also request a 

hearing on those objections. The EPA 

procedural regulations which govern the 

submission of objections and requests 

for hearings appear in 40 CFR part 178. 

Although the procedures in those 

regulations require some modification to 

reflect the amendments made to FFDCA 

by FQPA, EPA will continue to use 

those procedures, with appropriate 

adjustments, until the necessary 

modifications can be made. The new 

section 408(g) of FFDCA provides 

essentially the same process for persons 

to ‘‘object’’ to a regulation for an 

exemption from the requirement of a 

tolerance issued by EPA under new 

section 408(d) of FFDCA, as was 

provided in the old sections 408 and 

409 of FFDCA. However, the period for 

filing objections is now 60 days, rather 

than 30 days. 

A. What Do I Need to Do to File an 

Objection or Request a Hearing? 

You must file your objection or 

request a hearing on this regulation in 

accordance with the instructions 

provided in this unit and in 40 CFR part 

178. To ensure proper receipt by EPA, 

you must identify docket ID number 

OPP–2005–0209 in the subject line on 

the first page of your submission. All 

requests must be in writing, and must be 

mailed or delivered to the Hearing Clerk 

on or before November 21, 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 14th St., NW., 

Washington, DC 20005. The Office of 

the Hearing Clerk is open from 8 a.m. 

to 4 p.m., Monday through Friday, 

excluding legal holidays. The telephone 

number for the Office of the Hearing 

Clerk is (202) 564–6255. 

2. Copies for the Docket. In addition 

to filing an objection or hearing request 

with the Hearing Clerk as described in 

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

copy of your request to the PIRIB for its 

inclusion in the official record that is 

described in ADDRESSES. Mail your 

copies, identified by docket ID number 

OPP–2005–0209, to: Public Information 

and Records Integrity Branch, 

Information Resources and Services 

Division (7502C), Office of Pesticide 

Programs, Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460–0001. In person 

or by courier, bring a copy to the 

location of the PIRIB described in 

ADDRESSES. You may also send an 

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

an ASCII file format and avoid the use 

of special characters and any form of 

encryption. Copies of electronic 

objections and hearing requests will also 

be accepted on disks in WordPerfect 

6.1/8.0 or ASCII file format. Do not 

include any CBI in your electronic copy. 

You may also submit an electronic copy 

of your request at many Federal 

Depository Libraries. 

Federal Register / Vol. 70, No. 182 / Wednesday, September 21, 2005 / Rules and Regulations 55267 

B. When Will the Agency Grant a 

Request for a Hearing? 

A request for a hearing will be granted 

if the Administrator determines that the 

material submitted shows the following: 

There is a genuine and substantial issue 

of fact; there is a reasonable possibility 

that available evidence identified by the 

requestor would, if established resolve 

one or more of such issues in favor of 

the requestor, taking into account 

uncontested claims or facts to the 

contrary; and resolution of the factual 

issues(s) in the manner sought by the 

requestor would be adequate to justify 

the action requested (40 CFR 178.32). 

V. Statutory and Executive Order 

Reviews 

In this final rule EPA revokes specific 

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). Because this 

rule has been exempted from review 

under Executive Order 12866 due to its 

lack of significance, this rule is not 

subject to Executive Order 13211, 

Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use (66 FR 28355, May 

22, 2001). This final rule does not 

contain any information collections 

subject to OMB approval under the 

Paperwork Reduction Act (PRA), 44 

U.S.C. 3501 et seq., or impose any 

enforceable duty or contain any 

unfunded mandate as described under 

Title II of the Unfunded Mandates 

Reform Act of 1995 (UMRA) (Public 

Law 104–4). Nor does it require any 

special considerations as required by 

Executive Order 12898, entitled Federal 

Actions to Address Environmental 

Justice in Minority Populations and 

Low-Income Populations (59 FR 7629, 

February 16, 1994); or OMB review or 

any other Agency action under 

Executive Order 13045, entitled 

Protection of Children from 

Environmental Health Risks and Safety 

Risks (62 FR 19885, April 23, 1997). 

This action does not involve any 

technical standards that would require 

Agency consideration of voluntary 

consensus standards pursuant to section 

12(d) of the National Technology 

Transfer and Advancement Act of 1995 

(NTTAA), Public Law 104–13, 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 the pesticides 

listed in this rule, the Agency hereby 

certifies that this final rule will not have 

a significant economic impact on a 

substantial number of small entities. 

Specifically, as per the 1997 notice, EPA 

has reviewed its available data on 

imports and foreign pesticide usage and 

concludes that there is a reasonable 

international supply of food not treated 

with canceled pesticides. Furthermore, 

for the pesticides named in this final 

rule, the Agency knows of no 

extraordinary circumstances that exist 

as to the present revocations that would 

change EPA’s previous analysis. In 

addition, the Agency has determined 

that this action will not have a 

substantial direct effect on States, on the 

relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132, entitled 

Federalism (64 FR 43255, August 10, 

1999). Executive Order 13132 requires 

EPA to develop an accountable process 

to ensure ‘‘meaningful and timely input 

by State and local officials in the 

development of regulatory policies that 

have federalism implications.’’ ‘‘Policies 

that have federalism implications’’ is 

defined in the Executive order to 

include regulations that have 

‘‘substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government.’’ This final rule 

directly regulates growers, food 

processors, food handlers and food 

retailers, not States. This action does not 

alter the relationships or distribution of 

power and responsibilities established 

by Congress in the preemption 

provisions of section 408(n)(4) of 

FFDCA. For these same reasons, the 

Agency has determined that this rule 

does not have any ‘‘tribal implications’’

as described in Executive Order 13175, 

entitled Consultation and Coordination 

with Indian Tribal Governments (65 FR 

67249, November 6, 2000). Executive 

Order 13175, requires EPA to develop 

an accountable process to ensure 

‘‘meaningful and timely input by tribal 

officials in the development of 

regulatory policies that have tribal 

implications.’’ ‘‘Policies that have tribal 

implications’’ is defined in the 

Executive order to include regulations 

that have ‘‘substantial direct effects on 

one or more Indian tribes, on the 

relationship between the Federal 

Government and the Indian tribes, or on 

the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes.’’ This 

rule will not have substantial direct 

effects on tribal governments, on the 

relationship between the Federal 

Government and Indian tribes, or on the 

distribution of power and 

responsibilities between the Federal 

Government and Indian tribes, as 

specified in Executive Order 13175. 

Thus, Executive Order 13175 does not 

apply to this rule. 

VI. Congressional Review Act 

The Congressional Review Act, 5 

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

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this rule and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of this final 

rule in the Federal Register. This final 

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

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

List of Subjects in 40 CFR Part 180 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: September 9, 2005. 

James Jones, 

Director, Office of Pesticide Programs. 

■ Therefore, 40 CFR chapter I is 

amended as follows: 

PART 180—[AMENDED] 

■ 1. The authority citation for part 180 

continues to read as follows: 

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

■ 2. Section 180.153 is amended by 

revising the table in paragraph (a)(1) to 

read as follows: 

§ 180.153 Diazinon; tolerances for 

residues. 

(a) * * * (1) * * * 

55268 Federal Register / Vol. 70, No. 182 / Wednesday, September 21, 2005 / Rules and Regulations 

Commodity Parts per 

million 

Almond ...................................... 0.5 

Almond, hulls ............................ 3.0 

Apple ......................................... 0.5 

Apricot ....................................... 0.5 

Banana ..................................... 0.2 

Bean, lima ................................. 0.5 

Bean, snap, succulent .............. 0.5 

Beet, garden, roots ................... 0.75 

Beet, garden, tops .................... 0.7 

Beet, sugar, roots ..................... 0.5 

Beet, sugar, tops ...................... 10.0 

Blackberry ................................. 0.5 

Blueberry .................................. 0.5 

Carrot, roots .............................. 0.75 

Cattle, fat .................................. 0.7 

Celery ....................................... 0.7 

Cherry ....................................... 0.75 

Citrus ........................................ 0.7 

Corn, field, forage ..................... 40.0 

Corn, sweet, forage .................. 40.0 

Corn, sweet, kernel plus cob 

with husks removed .............. 0.7 

Cranberry .................................. 0.5 

Cucumber ................................. 0.75 

Endive ....................................... 0.7 

Fig ............................................. 0.5 

Filbert ........................................ 0.5 

Ginseng, roots .......................... 0.75 

Commodity Parts per 

million 

Grape ........................................ 0.75 

Hop, dried cones ...................... 0.75 

Kiwifruit ..................................... 0.75 

Lettuce ...................................... 0.7 

Loganberry ................................ 0.75 

Melon ........................................ 0.75 

Mushroom ................................. 0.75 

Nectarine .................................. 0.5 

Olive .......................................... 1. 0 

Onion, dry bulb ......................... 0.75 

Onion, green ............................. 0.75 

Parsley, leaves ......................... 0.75 

Parsnip ...................................... 0.5 

Peach ........................................ 0.7 

Pear .......................................... 0.5 

Pea, field, hay ........................... 10.0 

Pea, field, vines ........................ 25.0 

Pea, succulent .......................... 0.5 

Pepper ...................................... 0.5 

Pineapple .................................. 0.5 

Plum, prune, fresh .................... 0.5 

Potato ....................................... 0.1 

Potato, sweet ............................ 0.1 

Radicchio .................................. 0.7 

Radish ....................................... 0.5 

Raspberry ................................. 0.5 

Rutabaga .................................. 0.75 

Sheep, fat ................................. 0.7 

Commodity Parts per 

million 

Sheep, meat (fat basis) ............ 0.7 

Sheep, meat byproducts (fat 

basis) ..................................... 0.7 

Spinach ..................................... 0.7 

Squash, summer ...................... 0.5 

Squash, winter .......................... 0.75 

Strawberry ................................ 0.5 

Swiss chard .............................. 0.7 

Tomato ...................................... 0.75 

Turnip, greens .......................... 0.75 

Turnip, roots ............................. 0.5 

Vegetable, brassica, leafy, 

group 5 .................................. 0.7 

Walnut ....................................... 0.5 

Watercress ................................ 0.7 

* * * * * 

■ 3. Section 180.312 is amended by 

revising paragraph (a) to read as follows: 

§ 180.312 4-Aminopyridine; tolerances for 

residues. 

(a) General. Tolerances are 

established for residues of the bird 

repellent 4-aminopyridine in or on the 

following food commodities: 

Commodity Parts per 

million 

Expiration/Revocation Date 

Corn, field, forage .................................................................................................................................................. 0.1 1/15/06 

Corn, field, grain .................................................................................................................................................... 0.1 1/15/06 

Corn, field, stover .................................................................................................................................................. 0.1 1/15/06 

Corn, pop, grain ..................................................................................................................................................... 0.1 1/15/06 

Corn, pop, stover ................................................................................................................................................... 0.1 1/15/06 

Corn, sweet, forage ............................................................................................................................................... 0.1 1/15/06 

Corn, sweet, kernel plus cob with husks removed ............................................................................................... 0.1 1/15/06 

Corn, sweet, stover ................................................................................................................................................ 0.1 1/15/06 

Sunflower, seed ..................................................................................................................................................... 0.1 1/15/06 

* * * * * 

■ 4. Section 180.380 is amended by 

revising paragraph (a) to read as follows: 

§ 180.380 Vinclozolin; tolerances for 

residues. 

(a) General. Tolerances are 

established for the combined residues of 

the fungicide vinclozolin (3-(3,5- 

dichlorophenyl)-5-ethenyl-5-methyl-2,4- 

oxazolidinedione) and its metabolites 

containing the 3,5-dichloroaniline 

moiety in or on the food commodities in 

the table below. There are no U.S. 

registrations for grape (wine) as of July 

30, 1997. 

Commodity Parts per 

million 

Expiration/ 

Revocation 

Date 

Bean, succulent 2.0 11/30/05 

Canola, seed .... 1.0 11/30/08 

Cattle, fat .......... 0.05 11/30/08 

Cattle, meat ...... 0.05 11/30/08 

Cattle, meat byproducts ........ 0.05 11/30/08 

Egg ................... 0.05 11/30/08 

Commodity Parts per 

million 

Expiration/ 

Revocation 

Date 

Goat, fat ............ 0.05 11/30/08 

Goat, meat ........ 0.05 11/30/08 

Goat, meat byproducts ........ 0.05 11/30/08 

Grape, wine ...... 6. 0 None 

Hog, fat ............. 0.05 11/30/08 

Hog, meat ......... 0.05 11/30/08 

Hog, meat byproducts ........ 0.05 11/30/08 

Horse, fat .......... 0.05 11/30/08 

Horse, meat ...... 0.05 11/30/08 

Horse, meat byproducts ........ 0.05 11/30/08 

Lettuce, head .... 10.0 11/30/05 

Lettuce, leaf ...... 10.0 11/30/05 

Milk ................... 0.05 11/30/08 

Poultry, fat ........ 0.1 11/30/08 

Poultry, meat .... 0.1 11/30/08 

Poultry, meat 

byproducts ..... 0.1 11/30/08 

Sheep, fat ......... 0.05 11/30/08 

Sheep, meat ..... 0.05 11/30/08 

Sheep, meat byproducts ........ 0.05 11/30/08 

* * * * * 

§§ 180.528 and 180.529 [Removed] 

■ 5. Sections 180.528 and 180.529 are 

removed. 

■ 6. Section 180.539 is amended by 

revising paragraph (a)(1) to read as 

follows: 

§180.539 d-Limonene; tolerances for 

residues. 

(a) * * * (1) The insecticide dlimonene may be safely used in insectrepellent tablecloths and in insectrepellent strips used in food- or feedhandling establishments. 

* * * * * 

§§ 180.1003 and 180.1008 [Removed] 

■ 7. Sections 180.1003 and 180.1008 are 

removed. 

[FR Doc. 05–18579 Filed 9–20–05; 8:45 am] 

BILLING CODE 6560–50–S