[Federal Register Volume 70, Number 182 (Wednesday, September 21, 2005)]
[Rules and Regulations]
[Pages 55263-55268]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-18579]



[[Page 55263]]

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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.

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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 non-payment 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 <greek-i>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. <a href="/cdn-cgi/l/email-protection#741e1b0711041c341104155a131b02"><span class="__cf_email__" data-cfemail="056f6a7660756d456075642b626a73">[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 entities may include, but are not limited to:
    <bullet> Crop production (NAICS 111), e.g., agricultural workers; 
greenhouse, nursery, and floriculture workers; farmers.
    <bullet> Animal production (NAICS 112), e.g., cattle ranchers and 
farmers, dairy cattle farmers, livestock farmers.
    <bullet> Food manufacturing (NAICS 311), e.g., agricultural 
workers; farmers; greenhouse, nursery, and floriculture workers; 
ranchers; pesticide applicators.
    <bullet> 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:
    <bullet> Prior to EPA's issuance of a section 408(f) order 
requesting additional data

[[Page 55264]]

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.
    <bullet> EPA independently verifies that the tolerance is no longer 
needed.
    <bullet> 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 thiophanate-methyl, 
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

[[Page 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-heptyl-2(3H)-furanone 
registration, for non-payment 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-pentyl-2(3H)-furanone 
registration, for non-payment 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

[[Page 55266]]

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 e-mail to: <a href="/cdn-cgi/l/email-protection#deb1aeaef3bab1bdb5bbaa9ebbaebff0b9b1a8"><span class="__cf_email__" data-cfemail="274857570a4348444c42536742574609404851">[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 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.

[[Page 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.

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

PART 180--[AMENDED]

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

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

0
2. Section 180.153 is amended by revising the table in paragraph (a)(1) 
to read as follows:


Sec.   180.153 Diazinon; tolerances for residues.

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

[[Page 55268]]



------------------------------------------------------------------------
                                                              Parts per
                         Commodity                             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
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
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
------------------------------------------------------------------------

* * * * *

0
3. Section 180.312 is amended by revising paragraph (a) to read as 
follows:


Sec.   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:

------------------------------------------------------------------------
                                           Parts per      Expiration/
                Commodity                   million     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           0.1            1/15/06
 removed................................
Corn, sweet, stover.....................          0.1            1/15/06
Sunflower, seed.........................          0.1            1/15/06
------------------------------------------------------------------------

* * * * *

0
4. Section 180.380 is amended by revising paragraph (a) to read as 
follows:


Sec.   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.

------------------------------------------------------------------------
                                                             Expiration/
                   Commodity                     Parts per    Revocation
                                                  million        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
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
------------------------------------------------------------------------

* * * * *


Sec. Sec.   180.528 and 180.529 [Removed]

0
5. Sections 180.528 and 180.529 are removed.

0
6. Section 180.539 is amended by revising paragraph (a)(1) to read as 
follows:


Sec. 180.539  d-Limonene; tolerances for residues.

    (a) * * * (1) The insecticide d-limonene may be safely used in 
insect-repellent tablecloths and in insect-repellent strips used in 
food- or feed-handling establishments.
* * * * *


Sec. Sec.   180.1003 and 180.1008 [Removed]

0
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


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