[Federal Register Volume 66, Number 241 (Friday, December 14, 2001)]
[Rules and Regulations]
[Pages 64768-64775]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-30916]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[OPP-301194; FRL-6814-2]
RIN 2070-AB78


Extension of Tolerances for Emergency Exemptions; Multiple 
Chemicals

AGENCY:  Environmental Protection Agency (EPA).

ACTION:  Final rule.

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

DATES:  This regulation is effective December 14, 2001. Objections and 
requests for hearings, identified by docket control number OPP-301194, 
must be received by EPA on or before January 14, 2002.

ADDRESSES:  Written objections and hearing requests may be submitted by 
mail, electronically, in person, or by courier. Please follow the 
detailed instructions for each method as provided in Unit III. of the 
SUPPLEMENTARY INFORMATION. To ensure proper receipt by EPA, your 
objections and hearing requests must identify docket control number 
OPP-301194 in the subject line on the first page of your response.

FOR FURTHER INFORMATION CONTACT:  See the listing below for the name of 
a specific contact person. The following information applies to all 
contact persons: Emergency Response Team, Registration Division 
(7505C), Office of Pesticide Programs, Environmental Protection Agency, 
1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone number: 
(703) 308-9366.

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            Pesticide/CFR cite                     Contact person
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Maneb, 180.110                             Libby Pemberton
Zinc phosphide, 180.284..................  <a href="/cdn-cgi/l/email-protection#7202171f101700061d1c5c1e1b10100b321702135c151d04"><span class="__cf_email__" data-cfemail="abdbcec6c9ced9dfc4c585c7c2c9c9d2ebcedbca85ccc4dd">[email protected]</span></a>
Clopyralid, 180.431......................
Propiconazole, 180.434...................
Fenpropathrin, 180.466...................
Imazapic-ammonium, 180.490...............
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Avermectin, 180.449                        Dan Rosenblatt
Difenoconazole, 180.475..................  <a href="/cdn-cgi/l/email-protection#cebca1bdaba0aca2afbabae0aaafa08eabbeafe0a9a1b8"><span class="__cf_email__" data-cfemail="bcced3cfd9d2ded0ddc8c892d8ddd2fcd9ccdd92dbd3ca">[email protected]</span></a>
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Carboxin, 180.301                          Andrew Ertman
Propyzamide, 180.317.....................  <a href="/cdn-cgi/l/email-protection#620710160f030c4c030c06100715220712034c050d14"><span class="__cf_email__" data-cfemail="80e5f2f4ede1eeaee1eee4f2e5f7c0e5f0e1aee7eff6">[email protected]</span></a>
Metolachlor, 180.368.....................
Metsulfuron-methyl, 180.428..............
Bifenthrin, 180.442......................
HOE 107892, 180.509......................
Fludioxonil, 180. 516....................
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Fenbuconazole, 40 CFR 180.480              Shaja R. Brothers
                                           brothers.shaja @epa.gov
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Cyprodinil, 180.532                        Stephen Schaible
Desmidipham, 180.353.....................  <a href="/cdn-cgi/l/email-protection#dba8b8b3bab2b9b7bef5a8afbeabb3beb59bbeabbaf5bcb4ad"><span class="__cf_email__" data-cfemail="7605151e171f141a1358050213061e13183613061758111900">[email protected]</span></a>
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Mancozeb, 180.176                          Meredith Laws
Thiabendazole, 180.242...................  <a href="/cdn-cgi/l/email-protection#1a767b6d6934777f687f7e736e725a7f6a7b347d756c"><span class="__cf_email__" data-cfemail="75191402065b18100710111c011d351005145b121a03">[email protected]</span></a>
Emamectin benzoate, 180.505..............
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Tebuconazole, 180.474                      Andrea Conrath
                                           <a href="/cdn-cgi/l/email-protection#1b787475697a6f73357a757f697e7a5b7e6b7a357c746d"><span class="__cf_email__" data-cfemail="eb888485998a9f83c58a858f998e8aab8e9b8ac58c849d">[email protected]</span></a>
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SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be affected by this action if you are an agricultural 
producer, food manufacturer, or pesticide manufacturer. Potentially 
affected categories and entities may include, but are not limited to:

[[Page 64769]]



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


    This listing is not intended to be exhaustive, but rather provides 
a guide for readers regarding entities likely to be affected by this 
action. Other types of entities not listed in the table could also be 
affected. The North American Industrial Classification System (NAICS) 
codes have been provided to assist you and others in determining 
whether or not this action might apply to certain entities. If you have 
questions regarding the applicability of this action to a particular 
entity, consult one of the persons listed under FOR FURTHER INFORMATION 
CONTACT.

B. How Can I Get Additional Information, Including Copies of this 
Document and Other Related Documents?

    1. Electronically. You may obtain electronic copies of this 
document, and certain other related documents that might be available 
electronically, from the EPA Internet Home Page at http://www.epa.gov/. 
To access this document, on the Home Page select ``Laws and 
Regulations,'' ``Regulations and Proposed Rules,'' and then look up the 
entry for this document under the ``Federal Register--Environmental 
Documents.'' You can also go directly to the Federal Register listings 
at http://www.epa.gov/fedrgstr/. A frequently updated electronic 
version of 40 CFR part 180 is available at http://www.access.gpo.gov/nara/cfr/cfrhtml_00 /Title_40/40cfr180_00.html, a beta site currently 
under development.
    2. In person. The Agency has established an official record for 
this action under docket control number OPP-301194. The official record 
consists of the documents specifically referenced in this action, and 
other information related to this action, including any information 
claimed as Confidential Business Information (CBI). This official 
record includes the documents that are physically located in the 
docket, as well as the documents that are referenced in those 
documents. The public version of the official record does not include 
any information claimed as CBI. The public version of the official 
record, which includes printed, paper versions of any electronic 
comments submitted during an applicable comment period is available for 
inspection in the Public Information and Records Integrity Branch 
(PIRIB), Rm. 119, Crystal Mall #2, 1921 Jefferson Davis Hwy., 
Arlington, VA, from 8:30 a.m. to 4 p.m., Monday through Friday, 
excluding legal holidays. The PIRIB telephone number is (703) 305-5805.

II. Background and Statutory Findings

    EPA published final rules in the Federal Register for each 
chemical/commodity listed in this document. The initial issuance of 
these final rules announced that EPA, on its own initiative, under 
FFDCA section 408 , 21 U.S.C. 346a, as amended by the Food Quality 
Protection Act of 1996 (FQPA) (Public Law 104-170) was establishing 
time-limited tolerances.
    EPA established the tolerances because FFDCA section 408(l)(6) 
requires EPA to establish a time-limited tolerance or exemption from 
the requirement for a tolerance for pesticide chemical residues in food 
that will result from the use of a pesticide under an emergency 
exemption granted by EPA under FIFRA section 18. Such tolerances can be 
established without providing notice or time for public comment.
    EPA received requests to extend the use of these chemicals for this 
year's growing season. After having reviewed these submissions, EPA 
concurs that emergency conditions exist. EPA assessed the potential 
risks presented by residues for each chemical/commodity. In doing so, 
EPA considered the safety standard in FFDCA section 408(b)(2), and 
decided that the necessary tolerance under FFDCA section 408(l)(6) 
would be consistent with the safety standard and with FIFRA section 18.
    The data and other relevant material have been evaluated and 
discussed in the final rule originally published to support these uses. 
Based on that data and information considered, the Agency reaffirms 
that extension of these time-limited tolerances will continue to meet 
the requirements of FFDCA section 408(l)(6). Therefore, the time-
limited tolerances are extended until the date listed in this document. 
EPA will publish a document in the Federal Register to remove the 
revoked tolerances from the Code of Federal Regulations (CFR). Although 
these tolerances will expire and are revoked on the date listed, under 
FFDCA section 408(l)(5), residues of the pesticide not in excess of the 
amounts specified in the tolerance remaining in or on the commodity 
after that date will not be unlawful, provided the residue is present 
as a result of an application or use of a pesticide at a time and in a 
manner that was lawful under FIFRA, the tolerance was in place at the 
time of the application, and the residue does not exceed the level that 
was authorized by the tolerance. EPA will take action to revoke these 
tolerances earlier if any experience with, scientific data on, or other 
relevant information on this pesticide indicate that the residues are 
not safe.
    Tolerances for the use of the following pesticide chemicals on 
specific commodities are being extended:

    Avermectin. EPA has authorized under FIFRA section 18 the use of 
avermectin on spinach for control of leafminers in California. This 
regulation extends a time-limited tolerance for combined residues of 
the insecticide avermectin, a mixture of avermectins containing greater 
than or equal to 80% avermectin B1a (5-0-demethyl avermectin A1) and 
less than or equal to 20% avermectin B1b (5-0-demethyl-25-de(1-
methylpropyl)-25-(1-methylethyl) avermectin A1 and its delta 8,9-isomer 
in or on spinach at 0.05 parts per million (ppm) for an additional 1-
year period. This tolerance will expire and is revoked on December 31, 
2003. A time-limited tolerance was originally published in the Federal 
Register on August 19, 1997 (62 FR 44089) (FRL-5737-1).
    Avermectin. EPA has authorized under FIFRA section 18 the use of 
avermectin on avocado for control of thrips in California. This 
regulation extends a time-limited tolerance for combined residues of 
the insecticide avermectin, a mixture of avermectins containing greater 
than or equal to 80% avermectin B1a (5-0-demethyl avermectin A1) and 
less than or equal to 20% avermectin B1b (5-0-demethyl-25-de(1-
methylpropyl)-25-(1-methylethyl) avermectin A1 and its delta 8,9-isomer 
in or on avocado at 0.02 ppm for an additional 1-year period. This 
tolerance will expire and is revoked on December 31, 2003. A time-
limited tolerance was originally published in the Federal Register on 
April 7, 1999 (64 FR 16843) (FRL-6070-6).
    Bifenthrin. EPA has authorized under FIFRA section 18 the use of 
bifenthrin on peanuts for control of spider mites in Oklahoma. This 
regulation extends a time-limited tolerance for residues of the 
insecticide bifenthrin ((2-methyl [1,1'-biphenyl]-3-yl) methyl-3-(2-
chloro-3,3,3-trifluoro-1-propenyl)-2-dimethylcyclopropanecarboxylate) 
in or on peanuts, nutmeats at 0.05 ppm for an additional 2-year period. 
This tolerance will expire and is revoked on December 31, 2003. A time-
limited tolerance was originally published in the Federal

[[Page 64770]]

Register on January 25, 2000 (65 FR 3860) (FRL-6485-2).
    Carboxin. EPA has authorized under FIFRA section 18 the use of 
carboxin on onion seed for control of onion smut in California. This 
regulation extends a time-limited tolerance for combined residues of 
the fungicide carboxin (5,6-dihydro-2-meth-yl-1,4-oxathiin-3-
carboxanilide) and its metabolite 5,6-dihydro-3-carboxanilide-2-methyl-
1,4-oxathiin-4-oxide (calculated as carboxin) in or on onions, dry bulb 
at 0.2 ppm for an additional 2-year period. This tolerance will expire 
and is revoked on December 31, 2003. A time-limited tolerance was 
originally published in the Federal Register on February 3, 1997 (62 FR 
4911) (FRL-5584-5).
    Clopyralid. EPA has authorized under FIFRA section 18 the use of 
clopyralid on flax for control of Canada thistle and perennial 
sowthistle in North Dakota. This regulation extends a time-limited 
tolerance for residues of the herbicide clopyralid (3,6-dichloro-2-
pyridinecarboxylic acid) in or of flax see at 0.5 ppm for an additional 
2-year period. This tolerance will expire and is revoked on December 
31, 2003. A time-limited tolerance was originally published in the 
Federal Register on November 17, 1999 (64 FR 62588) (FRL-6388-5).
    Cyprodinil. EPA has authorized under FIFRA section 18 the use of 
cyprodinil on caneberries for control of gray mold in Oregon and 
Washington. This regulation extends a time-limited tolerance for 
residues of the fungicide cyprodinil in or on caneberries at 10 ppm for 
an additional 2-year period. This tolerance will expire and is revoked 
on December 31, 2003. A time-limited tolerance was originally published 
in the Federal Register on June 30, 1999 (64 FR 35032) (FRL-6086-3).
    Desmedipham. EPA has authorized under FIFRA section 18 the use of 
desmidipham on garden beets for control of various weed pests in New 
York. This regulation extends a time-limited tolerance for residues of 
the herbicide desmedipham in or on red beet roots at 0.2 ppm and red 
beet tops at 15 ppm for an additional 2-year period. These tolerances 
will expire and are revoked on December 31, 2003. Time-limited 
tolerances were originally published in the Federal Register on August 
29, 1997 (62 FR 45741) (FRL-5738-5).
    Difenoconazole. EPA has authorized under FIFRA section 18 the use 
of difenoconazole on corn seed for control of damping off and die-back 
diseases in corn in Idaho. This regulation extends time-limited 
tolerances for residues of the fungicide difenoconazole (1-((2-(2-
chloro-4-(4-chlorophenoxy)phenyl)-4-methyl-1,3-dioxolan-2-yl)methyl)-
1H-1,2,4-triazole) in or on corn, sweet (kernel + corn with husk 
removed); corn, sweet, forage; and corn, sweet, stover at 0.1 ppm for 
an additional 1-year period. These tolerances will expire and are 
revoked on December 31, 2003. Time-limited tolerances were originally 
published in the Federal Register on September 1, 1999 (64 FR 47680) 
(FRL-6094-3).
    Emamectin benzoate. EPA has authorized under FIFRA section 18 the 
use of emamectin benzoate on cotton for control of beet armyworm and 
tobacco budworm in Arkansas, Louisiana, Mississippi, New Mexico, 
Oklahoma, and Texas. This regulation extends time-limited tolerances 
for residues of the insecticide emamectin benzoate: 4'-epi-methylamino-
4'-deoxyavermectin B1 benzoate in or on cotton gin byproduct at 0.025 
ppm; cotton hulls at 0.004 ppm; cotton meal at 0.002 ppm; cottonseed at 
0.002 ppm; cottonseed oil at 0.006 ppm; meat, fat; meat byproduct of 
cattle, goats, hogs, and sheep at 0.002 ppm; and milk for an additional 
1-year period. These tolerances will expire and are revoked on December 
31, 2002. Time-limited tolerances were originally published in the 
Federal Register on January 12, 2000 (65 FR 1796) (FRL-6398-5).
    Fenbuconazole. EPA has authorized under FIFRA section 18 the use of 
(alpha-[2-4-chlorophenyl)-ethyl]alpha-phenyl-3-(1H-1,2,4-triazole)-1-
propanenitrile on grapefruit for control of greasy spot in Florida. 
This regulation extends time-limited tolerances for combined residues 
of the fungicide (alpha-[2-4-chlorophenyl)-ethyl]alpha-phenyl-3-(1H-
1,2,4-triazole)-1-propanenitrile and its metabolites cis -5-(4-
chlorophenyl)-dihydro-3-phenyl-3-(1H-1,2,4-triazole-1-ylmethyl)-2-3H-
furanone and trans-5(4-chlorophenyl)dihydro-3-phenyl-3-(1H1,2,4-
triazole-1-ylmethyl-2-3H-furanone in or on fat of cattle, goats, hogs, 
horses, and sheep at 0.01 ppm for an additional 2-year period. These 
tolerances will expire and are revoked on December 31, 2003. Time-
limited tolerances were originally published in the Federal Register on 
July 26, 2000 (65 FR 45920) (FRL-6596-6).
    Fenpropathrin. EPA has authorized under FIFRA section 18 the use of 
fenpropathrin on currants for control of currant borer (Synanthedon 
tipuliformes) in Washington. This regulation extends a time-limited 
tolerance for esidues of the insecticide fenpropathrin (alpha-cyano-3-
phenoxy-benzyl 2,2,3,3-tetramethylcyclopropanecarboxylate) in or on 
currants at 15 ppm for an additional 2-year period. This tolerance will 
expire and is revoked on December 31, 2003. A time-limited tolerance 
was originally published in the Federal Register on July 14, 1997 (62 
FR 37516) (FRL-5731-3).
    Fludioxonil. EPA has authorized under FIFRA section 18 the use of 
fludioxonil on apricots, nectarines, peaches, and plums for control of 
brown rot, gray mold rot, and Rhizopus rot in Alabama, California, 
Georgia, New Jersey, Oregon, and South Carolina. This regulation 
extends time-limited tolerances for residues of the fungicide 
fludioxonil 4-(2,2-difluoro-1,3-benzodioxol-4-yl)-1H-pyrrole-3-
carbonitrile in or on apricots, nectarines, peaches, and plums at 5.0 
ppm for an additional 2-year period. These tolerances will expire and 
are revoked on December 31, 2003. Time-limited tolerances were 
originally published in the Federal Register on June 24, 1998 (63 FR 
34304) (FRL-5797-5).
    HOE-107892 (mefenpyr-diethyl). EPA has authorized under FIFRA 
section 18 the use of HOE-107892 on wheat and barley for control of 
foxtail in Montana and North Dakota. This regulation extends time-
limited tolerances for residues of the the inert ingredient, herbicide 
safener HOE-107892 and its metabolites HOE-113225, HOE-109453, and HOE-
094270 in or on barley grain at 0.05 ppm, barley hay at 0.5 ppm, barley 
straw at 0.1 ppm, and the processed by-products of barley grain: 
pearled barley at 1.0 ppm, bran at 0.4 ppm, and flour at 0.1 ppm and 
wheat grain at 0.01 ppm and wheat straw at 0.05 ppm for an additional 
2-year period. These tolerances will expire and are revoked on December 
31, 2003. Time-limited tolerances were originally published in the 
Federal Register on August 8, 1997 (wheat) (62 FR 42678) (FRL-5731-7) 
and September 9, 1998 (barley) (63 FR 48116) (FRL-6024-7).
    Imazapic-ammonium. EPA has authorized under FIFRA section 18 the 
use of imazapic-ammonium on pasture/rangeland and land in the 
conservation reserve program for control of leafy spurge in Colorado, 
Montana, Nebraska, North Dakota, and South Dakota. This regulation 
extends time-limited tolerances for combined residues of the herbicide 
imazapic-ammonium, (+)-2-[4,5-dihydro-4-methyl-4-(1-methylethyl)-5-oxo-
1H-imidazol-2-yl]-5-methyl-3-pyridinecarboxylic acid, applied as its 
ammonium salt and its metabolite (+)-2-[4,5-dihydro-4-methyl-4-(1-
methylethyl)-5-oxo-1H-imidazol-2-

[[Page 64771]]

yl]-5-hydromethyl-3-pyridinecarboxylic acid both free and conjugated in 
or on grass forage at 30 ppm; grass hay at 15 ppm; milk; fat, meat; 
meat byproducts (except kidney) of cattle, goats, hogs, horses, and 
sheep at 0.10 ppm; kidney of cattle, goats, hogs, horses, and sheep at 
1 ppm for an additional 2-year period. These tolerances will expire and 
are revoked on December 31, 2003. Time-limited tolerances were 
originally published in the Federal Register on October 6, 1999 (64 FR 
54218) (FRL-6382-3).
    Mancozeb. EPA has authorized under FIFRA section 18 the use of 
mancozeb on ginseng for control of stem and leaf blight in Michigan and 
Wisconsin. This regulation extends a time-limited tolerance for 
combined residues of the fungicide mancozeb, calculated as zinc 
ethylenebisdithiocarbamate and its metabolite ETU in or on ginseng at 
2.0 ppm for an additional 1-year period. This tolerance will expire and 
is revoked on December 31, 2002. A time-limited tolerance was 
originally published in the Federal Register on May 24, 2000 (65 FR 
33469) (FRL-6556-9).
    Maneb. EPA has authorized under FIFRA section 18 the use of maneb 
on walnuts for control of bacterial blight in California. This 
regulation extends a time-limited tolerance for combined residues of 
the fungicide maneb (manganous ethylenebisdithiocarbamate) calculated 
as zinc ethylenebisdithiocarbamate, and its metabolite ethylenethiourea 
in or on walnuts at 0.05 ppm for an additional 2-year period. This 
tolerance will expire and is revoked on December 31, 2003. A time-
limited tolerance was originally published in the Federal Register on 
March 17, 1999 (64 FR 13097) (FRL-6067-9).
    Metolachlor. EPA has authorized under FIFRA section 18 the use of 
metolachlor on spinach for control of weeds in Arizona, Colorado, 
Maryland, New Jersey, Oklahoma, Pennsylvania, Texas, Virginia, and 
Wisconsin. This regulation extends a time-limited tolerance for the 
combined residues (free and bound) of the herbicide metolachlor 2-
chloro-N-(2-ethyl-6-methylphenyl)-N-(2-methoxy-1-methylethyl)acetamide 
and its metabolites determined as the derivatives, 2-[(2-ethyl-6-
methylphenyl)amino]-1-propanol and 4-(2-ethyl-6-methylphenyl)-2-
hydroxy-5-methyl-3-morpholinone, each expressed as the parent compound 
in or on spinach at 0.3 ppm for an additional 6-month period. This 
tolerance will expire and is revoked on June 30, 2002. A time-limited 
tolerance was originally published in the Federal Register on November 
29, 1996 (61 FR 60617) (FRL-5477-7).
    Metsulfuron-methyl. EPA has authorized under FIFRA section 18 the 
use of metsulfuron-methyl on sorghum for control of weeds in Kansas, 
Nebraska, New Mexico, Oklahoma, and Texas. This regulation extends 
time-limited tolerances for the combined residues of the herbicide 
metsulfuron methyl and its 4-hydroxy metabolite (methyl 2-[[[[(4-
methoxy-6-methyl-1,3,5-triazin-2-yl)amino]carbonyl]-amino]sulfonyl]-4-
hydroxybenzoate) in or on sorhum, fodder at 0.5 ppm; sorhum, forage at 
0.3 ppm; and sorhum, grain at 0.4 ppm for an additional 2-year period. 
These tolerances will expire and are revoked on December 31, 2003. 
Time-limited tolerances were originally published in the Federal 
Register on December 16, 1999 (64 FR 70184) (FRL-6391-8).
    Propiconazole. EPA has authorized under FIFRA section 18 the use of 
propiconazole on grain sorghum for control of sorghum ergot in 
Nebraska, New Mexico, and Texas. This regulation extends time-limited 
tolerances for combined residues of the fungicide propiconazole, 1-[[2-
(2,4-dichlorophenyl)-4-propyl-1,3-dioxolan-2-yl]methyl]-1H-1,2,4-
triazole and its metabolites determined as 2,4-dichlorobenzoic acid and 
expressed as parent compound in or on grain sorghum, grain at 0.2 ppm; 
grain sorghum, stover at 1.5 ppm; and sorghum aspirated grain fractions 
at 20 ppm for an additional 2-year period. These tolerances will expire 
and are revoked on December 31, 2003. Time-limited tolerances were 
originally published in the Federal Register on August 13, 1997 (62 FR 
43284) (FRL-5735-2).
    Propyzamide. EPA has authorized under FIFRA section 18 the use of 
propyzamide on cranberries for control of dodder in Delaware, 
Massachusetts, New Jersey, and Rhode Island. This regulation extends a 
time-limited tolerance for the combined residues of the herbicide 
propyzamide and its metabolites containing the 3,5-dichlorobenzoyl 
moiety (calculated as 3,5-dichloro-N-(1,1-dimethyl-2-
propenyl)benzamide) in or on cranberries at 0.05 ppm for an additional 
2-year period. This tolerance will expire and is revoked on December 
31, 2003. A time-limited tolerance was originally published in the 
Federal Register on September 16, 1998 (63 FR 49479) (FRL-6022-5).
    Tebuconazole. EPA has authorized under FIFRA section 18 the use of 
tebuconazole on wheat for control of Fusarium head blight in Michigan, 
North Dakota, and South Dakota. This regulation extends a time-limited 
tolerance for residues of the fungicide tebuconazole (alpha-[2-(4-
chlorophenyl)-ethyl]-alpha-(1,1-dimethylethyl)-1H-1,2,4-triazole-1-
ethanol) in or on wheat hay at 15.0 ppm and wheat straw at 2.0 ppm for 
an additional 2-year period. These tolerances will expire and are 
revoked on December 31, 2003. Time-limited tolerances were originally 
published in the Federal Register on June 20, 1997 (62 FR 33550) (FRL-
5725-7).
    Tebuconazole. EPA has authorized under FIFRA section 18 the use of 
tebuconazole on barley for control of Fusarium head blight in North 
Dakota and South Dakota. This regulation extends time-limited 
tolerances for residues of the fungicide tebuconazole (alpha-[2-(4-
chlorophenyl)-ethyl]-alpha-(1,1-dimethylethyl)-1H-1,2,4-triazole-1-
ethanol) in or on barley grain at 2.0 ppm, barley hay at 20.0 ppm, and 
barley straw at 20.0 ppm for an additional 2-year period. These 
tolerances will expire and are revoked on December 31, 2003. Time-
limited tolerance were originally published in the Federal Register on 
June 20, 1997 (62 FR 33550) (FRL-5725-7).
    Tebuconazole. EPA has authorized under FIFRA section 18 the use of 
tebuconazole on sunflower for control of rust in Colorado. This 
regulation extends time-limited tolerances for residues of the 
fungicide tebuconazole in or on sunflower oil at 0.4 ppm and sunflower 
seed at 0.2 ppm for an additional 2-year period. These tolerances will 
expire and are revoked on December 31, 2003. Time-limited tolerances 
were originally published in the Federal Register on June 20, 1997 (62 
FR 33550) (FRL-5725-7).
    Tebuconazole. EPA has authorized under FIFRA section 18 the use of 
tebuconazole on garlic for control of garlic rust in California. This 
regulation extends a time-limited tolerance for residues of the 
fungicide tebuconazole in or on garlic at 0.1 ppm for an additional 2-
year period. This tolerance will expire and is revoked on December 31, 
2003. A time-limited tolerance was originally published in the Federal 
Register on May 26, 1999 (64 FR 28377) (FRL-6079-1).
    Thiabendazole. EPA has authorized under FIFRA section 18 the use of 
thiabendazole on lentils for control of ascochyta blight in Idaho, 
Montana, North Dakota, and Washington. This regulation extends a time-
limited tolerance for residues of the fungicide thiabendazole in or on 
lentils at 0.1 ppm for an additional 1-year period. This

[[Page 64772]]

tolerance will expire and is revoked on December 31, 2002. A time-
limited tolerance was originally published in the Federal Register on 
February 25, 1998 (63 FR 9435) (FRL-5767-6).
    Zinc phosphide. EPA has authorized under FIFRA section 18 the use 
of zinc phosphide on barley, potatoes, sugarbeets, and wheat for 
control of meadow voles and field mice in Idaho. This regulation 
extends time-limited tolerances for residues of phosphine resulting 
from the use of the rodenticide zinc phosphide in or on barley, grain 
at 0.010 ppm; barley, hay at 0.20 ppm; barley, straw at 0.20 ppm; 
potatoes at 0.05 ppm; sugar beet (roots) at 0.05 ppm; sugar beet (tops) 
at 0.10 ppm; and wheat, aspirated grain fractions; wheat grain; wheat 
hay; and wheat, straw at 0.010 ppm for an additional 2-year period. 
These tolerances will expire and are revoked on December 31, 2003. 
Time-limited tolerances were originally published in the Federal 
Register on December 9, 1998 (63 FR 67794) (FRL-6046-1) and August 16, 
2000 (65 FR 49936) (FRL-6598-9).

III. Objections and Hearing Requests

    Under section 408(g) of the FFDCA, as amended by the FQPA, any 
person may file an objection to any aspect of this regulation and may 
also request a hearing on those objections. The EPA procedural 
regulations which govern the submission of objections and requests for 
hearings appear in 40 CFR part 178. Although the procedures in those 
regulations require some modification to reflect the amendments made to 
the FFDCA by FQPA, EPA will continue to use those procedures, with 
appropriate adjustments, until the necessary modifications can be made. 
The new FFDCA section 408(g) provides essentially the same process for 
persons to ``object'' to a regulation for an exemption from the 
requirement of a tolerance issued by EPA under new FFDCA section 
408(d), as was provided in the old FFDCA sections 408 and 409. However, 
the period for filing objections is now 60 days, rather than 30 days.

A. What Do I Need to Do to File an Objection or Request a Hearing?

    You must file your objection or request a hearing on this 
regulation in accordance with the instructions provided in this unit 
and in 40 CFR part 178. To ensure proper receipt by EPA, you must 
identify docket control number OPP-301194 in the subject line on the 
first page of your submission. All requests must be in writing, and 
must be mailed or delivered to the Hearing Clerk on or before January 
14, 2002.
    1. Filing the request. Your objection must specify the specific 
provisions in the regulation that you object to, and the grounds for 
the objections (40 CFR 178.25). If a hearing is requested, the 
objections must include a statement of the factual issues(s) on which a 
hearing is requested, the requestor's contentions on such issues, and a 
summary of any evidence relied upon by the objector (40 CFR 178.27).
    Information submitted in connection with an objection or hearing 
request may be claimed confidential by marking any part or all of that 
information as CBI. Information so marked will not be disclosed except 
in accordance with procedures set forth in 40 CFR part 2. A copy of the 
information that does not contain CBI must be submitted for inclusion 
in the public record. Information not marked confidential may be 
disclosed publicly by EPA without prior notice.
    Mail your written request to: Office of the Hearing Clerk (1900), 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460. You may also deliver your request to the Office 
of the Hearing Clerk in Rm. C400, Waterside Mall, 401 M St., SW., 
Washington, DC 20460. The Office of the Hearing Clerk is open from 8 
a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The 
telephone number for the Office of the Hearing Clerk is (202) 260-4865.
    2. Tolerance fee payment. If you file an objection or request a 
hearing, you must also pay the fee prescribed by 40 CFR 180.33(i) or 
request a waiver of that fee pursuant to 40 CFR 180.33(m). You must 
mail the fee to: EPA Headquarters Accounting Operations Branch, Office 
of Pesticide Programs, P.O. Box 360277M, Pittsburgh, PA 15251. Please 
identify the fee submission by labeling it ``Tolerance Petition Fees.''
    EPA is authorized to waive any fee requirement ``when in the 
judgement of the Administrator such a waiver or refund is equitable and 
not contrary to the purpose of this subsection.'' For additional 
information regarding the waiver of these fees, you may contact James 
Tompkins by phone at (703) 305-5697, by e-mail at <a href="/cdn-cgi/l/email-protection#8df9e2e0fde6e4e3fea3e7e4e0cde8fdeca3eae2fb"><span class="__cf_email__" data-cfemail="493d2624392220273a67232024092c3928672e263f">[email protected]</span></a>, 
or by mailing a request for information to Mr. Tompkins at Registration 
Division (7505C), Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
    If you would like to request a waiver of the tolerance objection 
fees, you must mail your request for such a waiver to: James Hollins, 
Information Resources and Services Division (7502C), Office of 
Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania 
Ave., NW., Washington, DC 20460.
    3. Copies for the Docket. In addition to filing an objection or 
hearing request with the Hearing Clerk as described in Unit III.A., you 
should also send a copy of your request to the PIRIB for its inclusion 
in the official record that is described in Unit I.B.2. Mail your 
copies, identified by docket control number OPP-301194, 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.
    In person or by courier, bring a copy to the location of the PIRIB 
described in Unit I.B.2. You may also send an electronic copy of your 
request via e-mail to: <a href="/cdn-cgi/l/email-protection#630c13134e070c00080617230613024d040c15"><span class="__cf_email__" data-cfemail="48273838652c272b232d3c082d3829662f273e">[email protected]</span></a>. Please use an ASCII file 
format and avoid the use of special characters and any form of 
encryption. Copies of electronic objections and hearing requests will 
also be accepted on disks in WordPerfect 6.1/8.0 file format or ASCII 
file format. Do not include any CBI in your electronic copy. You may 
also submit an electronic copy of your request at many Federal 
Depository Libraries.

B. When Will the Agency Grant a Request for a Hearing?

    A request for a hearing will be granted if the Administrator 
determines that the material submitted shows the following: There is a 
genuine and substantial issue of fact; there is a reasonable 
possibility that available evidence identified by the requestor would, 
if established resolve one or more of such issues in favor of the 
requestor, taking into account uncontested claims or facts to the 
contrary; and resolution of the factual issues(s) in the manner sought 
by the requestor would be adequate to justify the action requested (40 
CFR 178.32).

IV. Regulatory Assessment Requirements

    This final rule establishes time-limited tolerances under FFDCA 
section 408. The Office of Management and Budget (OMB) has exempted 
these types of actions from review under Executive Order 12866, 
entitled Regulatory Planning and Review (58 FR 51735, October 4, 1993). 
Because this rule has been exempted from review under Executive Order 
12866 due to its lack of significance, this rule is not subject to 
Executive Order 13211, 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

[[Page 64773]]

subject to OMB approval under the Paperwork Reduction Act (PRA), 44 
U.S.C. 3501 et seq., or impose any enforceable duty or contain any 
unfunded mandate as described under Title II of the Unfunded Mandates 
Reform Act of 1995 (UMRA) (Public Law 104-4). Nor does it require any 
special considerations under Executive Order 12898, entitled Federal 
Actions to Address Environmental Justice in Minority Populations and 
Low-Income Populations (59 FR 7629, February 16, 1994); or OMB review 
or any Agency action under Executive Order 13045, entitled Protection 
of Children from Environmental Health Risks and Safety Risks (62 FR 
19885, April 23, 1997). This action does not involve any technical 
standards that would require Agency consideration of voluntary 
consensus standards pursuant to section 12(d) of the National 
Technology Transfer and Advancement Act of 1995 (NTTAA), Public Law 
104-113, section 12(d) (15 U.S.C. 272 note). Since tolerances and 
exemptions that are established under FFDCA section 408(l)(6) in 
response to an exemption under FIFRA section 18, such as the tolerances 
in this final rule, do not require the issuance of a proposed rule, the 
requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et 
seq.) do not apply. In addition, the Agency has determined that this 
action will not have a substantial direct effect on States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government, as specified in Executive Order 13132, entitled Federalism 
(64 FR 43255, August 10, 1999). Executive Order 13132 requires EPA to 
develop an accountable process to ensure ``meaningful and timely input 
by State and local officials in the development of regulatory policies 
that have federalism implications.'' ``Policies that have federalism 
implications'' is defined in the Executive Order to include regulations 
that have ``substantial direct effects on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government.'' This final rule directly regulates growers, food 
processors, food handlers and food retailers, not States. This action 
does not alter the relationships or distribution of power and 
responsibilities established by Congress in the preemption provisions 
of FFDCA section 408(n)(4). For these same reasons, the Agency has 
determined that this rule does not have any ``tribal implications'' as 
described in Executive Order 13175, entitled Consultation and 
Coordination with Indian Tribal Governments (65 FR 67249, November 6, 
2000). Executive Order 13175, requires EPA to develop an accountable 
process to ensure ``meaningful and timely input by tribal officials in 
the development of regulatory policies that have tribal implications.'' 
``Policies that have tribal implications'' is defined in the Executive 
Order to include regulations that have ``substantial direct effects on 
one or more Indian tribes, on the relationship between the Federal 
government and the Indian tribes, or on the distribution of power and 
responsibilities between the Federal government and Indian tribes.'' 
This rule will not have substantial direct effects on tribal 
governments, on the relationship between the Federal government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal government and Indian tribes, as specified in 
Executive Order 13175. Thus, Executive Order 13175 does not apply to 
this rule.

V. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of this final rule in the Federal Register. This 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: November 29, 2001.
Peter Caulkins,
Acting Director, Registration Division, 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), 346(a) and 374.


Sec. 180.110  [Amended]

    2. In Sec. 180.110, in the table to paragraph (b), amend the entry 
for walnuts by revising the expiration date ``12/31/01'' to read ``12/
31/03.''


Sec. 180.176   [Amended]

    3. In Sec. 180.176, in the table to paragraph (b), amend the entry 
for ginseng by revising the expiration date ``12/31/01'' to read ``12/
31/02.''


Sec. 180.242  [Amended]

    4. In Sec. 180.242, in the table to paragraph (b), amend the entry 
for lentils by revising the expiration date ``12/31/01'' to read ``12/
31/02.''


Sec. 180.284  [Amended]

    5. In Sec. 180.284, in the table to paragraph (b), amend the entry 
for barley, grain; barley, hay; barley, straw; potatoes; sugar beet 
(roots); sugar beet (tops); wheat, aspirated grain fractions; wheat, 
grain; wheat, hay; and wheat, straw by revising the expiration date 
``12/31/01'' to read ``12/31/03.''


Sec. 180.301  [Amended]

    6. In Sec. 180.301, in the table to paragraph (b), amend the entry 
for onions, dry bulb by revising the expiration date ``12/31/01'' to 
read ``12/31/03.''


Sec. 180.317  [Amended]

    7. In Sec. 180.317, in the table to paragraph (b), amend the entry 
for cranberries by revising the expiration date ``12/31/01'' to read 
``12/31/03.''


Sec. 180.353  [Amended]

    8. In Sec. 180.353, in the table to paragraph (b), amend the entry 
for red beet roots and red beet tops by revising the expiration date 
``12/31/01'' to read ``12/31/03.''


Sec. 180.368  [Amended]

    9. In Sec. 180.368, in the table to paragraph (b), amend the entry 
for spinach by revising the expiration date ``12/31/01'' to read ``6/
30/02.''


Sec. 180.428  [Amended]

    10. In Sec. 180.428, in the table to paragraph (b), amend the entry 
for sorghum, fodder; sorghum, forage; and sorghum, grain by revising 
the expiration date ``12/31/01'' to read ``12/31/03.''

[[Page 64774]]

Sec. 180.431  [Amended]

    11. In Sec. 180.431, in the table to paragraph (b), amend the entry 
for flax seed by revising the expiration date ``12/31/01'' to read 
``12/31/03.''


Sec. 180.434  [Amended]

    12. In Sec. 180.434, in the table to paragraph (b), amend the entry 
for sorghum, aspirated grain fractions; sorghum, grain, grain; and 
sorghum, grain, stover by revising the expiration date ``12/31/01'' to 
read ``12/31/03.''


Sec. 180.442  [Amended]

    13. In Sec. 180.442, in the table to paragraph (b), amend the entry 
for peanuts, nutmeats by revising the expiration date ``12/31/01'' to 
read ``12/31/03.''


Sec. 180.449  [Amended]

    14. In Sec. 180.449, in the table to paragraph (b), amend the entry 
for avocado by revising the expiration date ``12/31/02'' to read ``12/
31/03'' and also amend the entry for spinach by revising the expiration 
date ``1/31/02'' to read ``12/31/03.''


Sec. 180.466  [Amended]

    15. In Sec. 180.466, in the table to paragraph (b), amend the entry 
for currants by revising the expiration date ``12/31/01'' to read ``12/
31/03.''


Sec. 180.474  [Amended]

    16. In Sec. 180.474, in the table to paragraph (b)(1), amend the 
entries for barley, grain; barley, hay; barley, straw; garlic; 
sunflower oil; sunflower seed; wheat, hay; and wheat, straw by revising 
the expiration date ``12/31/01'' to read ``12/31/03.''


Sec. 180.475  [Amended]

    17. In Sec. 180.475, in the table to paragraph (b), amend the entry 
for corn, sweet (kernel + corn with husk removed); corn, sweet, forage; 
and corn, sweet, stover by revising the expiration date ``12/31/02'' to 
read ``12/31/03.''


Sec. 180.480  [Amended]

    18. In Sec. 180.480, in the table to paragraph (b), amend the entry 
for cattle, fat; goats, fat; hogs, fat; horses, fat; and sheep, fat by 
revising the expiration date ``12/31/01'' to read ``12/31/03.''

    19. In Sec. 180.490, the table in paragraph (b) is revised to read 
as follows:


Sec. 180.490  Imazapic-ammonium; tolerances for residues.

* * * * *
    (b) *        *        *

----------------------------------------------------------------------------------------------------------------
                     Commodity                          Parts per million         Expiration/revocation date
----------------------------------------------------------------------------------------------------------------
Cattle, fat........................................                     0.10                            12/31/03
Cattle, kidney.....................................                      1.0                            12/31/03
Cattle, mbyp (except kidney).......................                      0.1                            12/31/03
Cattle, meat.......................................                      0.1                            12/31/03
Goats, fat.........................................                      0.1                            12/31/03
Goats, kidney......................................                      1.0                            12/31/03
Goats, mbyp (except kidney)........................                      0.1                            12/31/03
Goats, meat........................................                      0.1                            12/31/03
Grass, forage......................................                       30                            12/31/03
Grass, hay.........................................                       15                            12/31/03
Hogs, fat..........................................                      0.1                            12/31/03
Hogs, kidney.......................................                      1.0                            12/31/03
Hogs, mbyp (except kidney).........................                      0.1                            12/31/03
Hogs, meat.........................................                      0.1                            12/31/03
Horses, fat........................................                      0.1                            12/31/03
Horses, kidney.....................................                      1.0                            12/31/03
Horses, mbyp (except kidney).......................                      0.1                            12/31/03
Horses, meat.......................................                      0.1                            12/31/03
Sheep, fat.........................................                      0.1                            12/31/03
Sheep, kidney......................................                      1.0                            12/31/03
Sheep, mbyp (except kidney)........................                      0.1                            12/31/03
Sheep, meat........................................                      0.1                            12/31/03
----------------------------------------------------------------------------------------------------------------

* * * * *

    20. In Sec. 180.505, the table in paragraph (b) is revised to read 
as follows:


Sec. 180.505  Emamectin benzoate; tolerances for residues.

* * * * *
    (b) *        *        *

----------------------------------------------------------------------------------------------------------------
                     Commodity                          Parts per million         Expiration/revocation date
----------------------------------------------------------------------------------------------------------------
Cattle, fat........................................                    0.002                            12/31/02
Cattle, meat.......................................                    0.002                            12/31/02
Cattle, meat byproduct.............................                    0.002                            12/31/02
Cotton gin byproduct...............................                    0.025                            12/31/02
Cotton hulls.......................................                    0.004                            12/31/02
Cotton, meal.......................................                    0.002                            12/31/02
Cottonseed.........................................                    0.002                            12/31/02
Cottonseed oil.....................................                    0.006                            12/31/02
Goats, fat.........................................                    0.002                            12/31/02
Goats, meat........................................                    0.002                            12/31/02
Goats, meat byproduct..............................                    0.002                            12/31/02
Hogs, fat..........................................                    0.002                            12/31/02
Hogs, meat.........................................                    0.002                            12/31/02
Hogs, meat byproduct...............................                    0.002                            12/31/02
Milk...............................................                    0.002                            12/31/02

[[Page 64775]]

 
Sheep, fat.........................................                    0.002                            12/31/02
Sheep, meat........................................                    0.002                            12/31/02
Sheep, meat byproduct..............................                    0.002                            12/31/02
----------------------------------------------------------------------------------------------------------------

* * * * *


Sec. 180.509  [Amended]

    21. In Sec. 180.509, in the table to paragraph (b), amend the 
entries for barley, bran; barley, flour; barley, grain; barley, hay; 
barley, pearled; barley, straw; wheat grain; wheat straw by revising 
the expiration date ``12/31/01'' to read ``12/31/03.''


Sec. 180.516  [Amended]

    22. In Sec. 180.516, in the table to paragraph (b), amend the 
entries for apricots, nectarines, peaches, and plums by revising the 
expiration date ``12/31/01'' to read ``12/31/03.''


Sec. 180.532  [Amended]

    23. In Sec. 180.532, in the table to paragraph (b), amend the entry 
for caneberries by revising the expiration date ``12/31/01'' to read 
``12/31/03.''

[FR Doc. 01-30916 Filed 12-13-01; 8:45 am]
BILLING CODE 6560-50-S


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