Federal Register / Vol. 66, No. 248 / Thursday, December 27, 2001 / Rules and Regulations 66769

(a) If a veteran receiving benefits at

the full-dollar rate under § 3.42 is

physically absent from the U.S. for a

total of 183 days or more during any

calendar year, VA will reduce

compensation to the rate of $0.50 for

each dollar authorized under the law,

effective on the 183rd day of absence

from the U.S.

(b) If a veteran receiving benefits at

the full-dollar rate under § 3.42 is

physically absent from the U.S. for more

than 60 consecutive days, VA will

reduce his or her compensation to the

rate of $0.50 for each dollar authorized

under the law, effective on the 61st day

of the absence.

(c) If a veteran receiving benefits at

the full-dollar rate under § 3.42 loses

either U.S. citizenship or status as an

alien lawfully admitted for permanent

residence in the U.S., VA will reduce

the compensation to the rate of $0.50 for

each dollar authorized under the law,

effective on the day he or she no longer

satisfies one of these criteria.

(d) If mail to a veteran receiving

benefits at the full-dollar rate under

§ 3.42 is returned to VA by the U.S.

Postal Service, VA will reduce his or her

payment to the rate of $0.50 for each

dollar authorized under law, effective

on the date of the last payment of

compensation benefits.

(Authority: 38 U.S.C. 107)

[FR Doc. 01–31828 Filed 12–26–01; 8:45 am]

BILLING CODE 8320–01–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

Approval and Promulgation of

Implementation Plans

CFR Correction

In Title 40 of the Code of Federal

Regulations, part 52 (§ § 52.01 to

52.1018), revised as of July 1, 2001,

§ 52.120 is corrected by removing

paragraph (c)(94)(i)(E).

[FR Doc. 01–55534 Filed 12–26–01; 8:45 am]

BILLING CODE 1505–01–D

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 80

Regulation of Fuels and Fuel Additives

CFR Correction

In Title 40 of the Code of Federal

Regulations, Parts 72 to 80, revised as of

July 1, 2001, § 80.81 is corrected by

revising paragraph (a) to read as follows:

§ 80.81 Enforcement exemptions for

California gasoline.

* * * * *

(a) The requirements of subparts D, E,

F and J of this part are modified in

accordance with the provisions

contained in this section in the case of

California gasoline.

* * * * *

[FR Doc. 01–55535 Filed 12–26–01; 8:45 am]

BILLING CODE 1505–01–D

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Parts 153 and 180

[OPP–301026A; FRL–6813–6]

RIN 2070–AB78

Pesticide Chemicals Not Requiring a

Tolerance or an Exemption from a

Tolerance; Rhodamine B; Revocation

of Unlimited Tolerance Exemption

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This final rule creates a new

subpart E in 40 CFR part 180. This

subpart will be titled: Pesticide

Chemicals Not Requiring a Tolerance or

an Exemption from a Tolerance. It will

contain a list of the pesticide chemicals

(including, as appropriate, their

limitations and use patterns) for which

the Agency has determined that neither

a tolerance nor an exemption from the

requirement of a tolerance is needed

under the Federal Food, Drug, and

Cosmetic Act (FFDCA). The Agency is

acting on its own initiative. This

document also revokes the unlimited

tolerance exemption for the inert

ingredient Rhodamine B in 40 CFR

180.1001 (c), and amends by timelimiting the unlimited tolerance

exemption for Rhodamine B in 40 CFR

180.1001 (e). These regulatory actions

are part of the 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 to reassess 66% of the

tolerances in existence on August 2,

1996, by August 2002, or about 6,400

tolerances. The regulatory actions taken

in this document, would be counted

toward the August 2002 deadline.

DATES: This final rule is effective on

December 27, 2001.

FOR FURTHER INFORMATION CONTACT:

Kathryn Boyle , Registration Division

(7505C), Office of Pesticide Programs,

Environmental Protection Agency, 1200

Pennsylvania Ave., NW., Washington,

DC 20460; telephone number: (703)

305–6304; fax number: (703) 305–0599;

e-mail address: boyle.kathryn@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

You may be potentially affected by

this action if you are an agricultural

producer, food manufacturer, or

pesticide manufacturer. Potentially

affected categories and entities may

include, but are not limited to:

Categories NAICS

codes

Examples of potentially affected entities

Industry 111 Crop production

112 Animal production

311 Food manufacturing

32532 Pesticide manufacturing

This listing is not intended to be

exhaustive, but rather provides a guide

for readers regarding entities likely to be

affected by this action. Other types of

entities not listed in this table could

also be affected. The North American

Industrial Classification System

(NAICS) codes are provided to assist

you and others in determining whether

or not this action might apply to certain

entities. If you have questions regarding

the applicability of this action to a

particular entity, consult the person

listed under FOR FURTHER INFORMATION

CONTACT.

B. How Can I Get Additional

Information, Including Copies of this

Document and Other Related

Documents?

1. Electronically. You may obtain

electronic copies of this document, and

certain other related documents that

might be available electronically, from

the EPA Internet Home Page at http://

www.epa.gov/. To access this

document, on the Home Page select

‘‘Laws and Regulations,’’ ‘‘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

parts 153 and 180 are available at: http:/

/www.access.gpo.gov/nara/cfr/

cfrhtml_153/Title_40/40cfr153_00.html

and http://www.access.gpo.gov/nara/

cfr/cfrhtml_180/Title_40/

40cfr180_00.html, a beta site currently

under development.

2. In person. The Agency has

established an official record for this

66770 Federal Register / Vol. 66, No. 248 / Thursday, December 27, 2001 / Rules and Regulations

action under docket control number

OPP–301026A. The official record

consists of the documents specifically

referenced in this action, any public

comments received during an applicable

comment period, and other information

related to this action, including any

information claimed as confidential

business information (CBI). This official

record includes the documents that are

physically located in the docket, as well

as the documents that are referenced in

those documents. The public version of

the official record does not include any

information claimed as CBI. The public

version of the official record, which

includes printed, paper versions of any

electronic comments submitted during

an applicable comment period, is

available for inspection in the Public

Information and Records Integrity

Branch (PIRIB), Rm. 119, Crystal Mall

#2, 1921 Jefferson Davis Hwy.,

Arlington, VA, from 8:30 a.m. to 4 p.m.,

Monday through Friday, excluding legal

holidays. The PIRIB telephone number

is (703) 305–5805.

II. Background

In the Federal Register of August 2,

2001 (66 FR 40170) (FRL–6598–4), EPA

issued a proposal pursuant to section

408 of the FFDCA, 21 U.S.C. 346a as

amended by the FQPA (Public Law 104–

170) to amend 40 CFR by creating a new

subpart E, and to revoke two unlimited

tolerance exemptions for the inert

ingredient Rhodamine B (CAS Reg. No.

81–88–9). New subpart E will contain a

list of the pesticide chemicals

(including, as appropriate, their

limitations and use patterns) for which

the Agency has determined that neither

a tolerance nor an exemption from the

requirement of a tolerance is needed

under the FFDCA. The only chemical

included in subpart E at its creation is

the inert ingredient Rhodamine B (CAS

Reg. No. 81–88–9) when used as a dye

for seed treatment. The revocations of

the Rhodamine B tolerance exemptions

were based on EPA’s conclusion that the

exemptions are for uses of Rhodamine B

that are no longer extant other than the

use included in subpart E. Three

comments were received in response to

the proposed rule.

The comments from both the

American Chemistry Council and from

Gustafson supported the creation of the

new subpart E. Gustafson has also

suggested an additional chemical (an

active ingredient) that it believes could

be appropriately added to the new

subpart. The Agency will consider this

request, and, if appropriate, initiate

such procedures as necessary to add this

additional chemical to subpart E. A

comment was also received from

Boehringer Ingelheim Vetmedica, Inc.

(BIVI) informing the Agency that

currently there are two animal ear tag

products containing Rhodamine B that

are being manufactured and distributed.

BIVI has agreed to remove the

Rhodamine B from their products. To

allow time for BIVI to reformulate and

then for the ear tags containing

Rhodamine B to clear the channels of

trade, the Agency will time-limit the

Rhodamine B tolerance exemption

under 40 CFR 180.1001 (e) to expire in

3 years.

Based on the reasons set forth in the

preamble to the proposed rule, and

considering the comments received by

the Agency in response to the proposed

rule, EPA is creating a new subpart E,

revoking one unlimited tolerance

exemption, and revising one tolerance

exemption by time-limiting the

exemption to expire in three years.

These regulatory actions are part of

the tolerance reassessment requirements

of section 408(q) of the FFDCA, as

amended by the FQPA of 1996. By law,

EPA is required to reassess 66% of the

tolerances in existence on August 2,

1996, by August 2002, or about 6,400

tolerances. The regulatory actions in

this document, the revocation of two

tolerance exemptions, would be counted

toward the August 2002 deadline.

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 the FQPA of 1996, EPA will

continue to use those procedures, with

appropriate adjustments, until the

necessary modifications can be made.

The new section 408(g) provides

essentially the same process for persons

to ‘‘object’’ to a regulation for an

exemption from the requirement of a

tolerance issued by EPA under new

section 408(d), as was provided in the

old FFDCA sections 408 and 409.

However, the period for filing objections

is now 60 days, rather than 30 days.

A. What Do I Need to Do to File an

Objection or Request a Hearing?

You must file your objection or

request a hearing on this regulation in

accordance with the instructions

provided in this unit and in 40 CFR part

178. To ensure proper receipt by EPA,

you must identify docket control

number OPP–301026A 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 February 25, 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

tompkins.jim@epa.gov, or by mailing a

request for information to Mr. Tompkins

at Registration Division (7505C), Office

of Pesticide Programs, Environmental

Protection Agency, 1200 Pennsylvania

Ave., NW., Washington, DC 20460.

Federal Register / Vol. 66, No. 248 / Thursday, December 27, 2001 / Rules and Regulations 66771

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 VI.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–301026A, 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: oppdocket@epa.gov. Please use an ASCII

file format and avoid the use of special

characters and any form of encryption.

Copies of electronic objections and

hearing requests will also be accepted

on disks in WordPerfect 6.1/8.0 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

The Agency is acting on its own

initiative under FFDCA section 408(e)

in revoking these tolerances and in

establishing a new subpart E in 40 CFR

part 180 that will contain a list of the

pesticide chemicals (including, as

appropriate, their limitations and use

patterns) for which the Agency has

determined that neither a tolerance nor

an exemption from the requirement of a

tolerance is needed under FFDCA.

Under Executive Order 12866, entitled

Regulatory Planning and Review (58 FR

51735, October 4, 1993), this action is

not a ‘‘significant regulatory action’’

subject to review by the Office of

Management and Budget (OMB).

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 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).

This rule simply establishes a new

subpart E in 40 CFR part 180 that will

contain a list of the pesticide chemicals

(including, as appropriate, their

limitations and use patterns) for which

the Agency has determined that neither

a tolerance nor an exemption from the

requirement of a tolerance is needed

under FFDCA, and only amends an

existing unlimited tolerance exemption

to make it time limited. The Agency has

determined that this action will not

result in significant adverse economic

impacts. Pursuant to the Regulatory

Flexibility Act (RFA) (5 U.S.C. 601 et

seq.), the Agency previously assessed

whether revocations of tolerances or

tolerance exemptions 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, the available information

concerning the pesticide chemicals

listed in this rule, the Agency knows of

no extraordinary circumstances that

exist as to the present revocation that

would change EPA’s previous analysis.

Therefore, the Agency hereby certifies

pursuant to the section 605(b) of the

RFA that this rule will not have a

significant negative economic impact on

a substantial number of small entities.

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

66772 Federal Register / Vol. 66, No. 248 / Thursday, December 27, 2001 / Rules and Regulations

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 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 the rule in

the Federal Register. This rule is not a

‘‘major rule’’ as defined by 5 U.S.C.

804(2).

List of Subjects in 40 CFR Parts 153 and

180

Environmental protection,

Administrative practice and procedure,

Agricultural commodities, Pesticides

and pests, Reporting and recordkeeping

requirements.

Dated: December 14, 2001.

James Jones,

Director, Office of Pesticide Programs.

Therefore, 40 CFR chapter I be

amended as follows:

PART 153—[AMENDED]

1. In part 153:

a. The authority citation for part 153

would continue to read as follows:

Authority: 15 U.S.C. 136 et seq.

b. Section 153.155 (c) is revised to

read as follows.

§ 153.155 Seed treatment products.

* * * * *

(c) EPA-approved dyes for seed

treatment are listed in:

(1) Section 180.1001(c) and (d) if an

exemption from the requirement of a

tolerance has been established.

(2) Section 180.2010 if EPA has

determined that residues of the dye will

be present, if at all, at levels that are

below the threshold of regulation.

(3) Section 180.2020 if it has been

determined that no tolerance or

exemption from the requirement of a

tolerance is needed as a result of a

determination by EPA that the use is

unlikely to result in residues in food/

feed.

PART 180—[AMENDED]

2. In part 180:

a. The authority citation for part 180

would continue to read as follows:

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

371.

b. In § 180.1001 the table in paragraph

(c) is amended by removing the entry for

‘‘Rhodamine B’’ and in paragraph (e) the

table is amended by revising the entry

to read as follows:

§ 180.1001 Exemptions from the

requirement of a tolerance.

* * * * *

(e) * * *

Inert ingredients Limits Uses

*******

Rhodamine B Expires December 27, 2004. Dye for use in ear tags only

*******

c. By adding new subpart E,

consisting of § 180.2000–180.2020, to

read as follows:

Subpart E—Pesticide Chemicals Not

Requiring a Tolerance or an Exemption

from a Tolerance

Sec.

180.2000 Scope.

180.2003 Definitions.

180.2010 Threshold of regulation

determinations. [Reserved]

180.2020 Non-food determinations.

§ 180.2000 Scope.

This subpart sets forth the pesticide

chemicals for use in agricultural or

other food-related settings for which

neither a tolerance nor an exemption is

deemed to be needed by EPA.

§ 180.2003 Definitions.

(a) Food uses are the uses of a

pesticide chemical that are likely to

yield residues in food or feed crops,

meat, milk, poultry or eggs.

(b) Non-food uses are those uses that

are not likely to yield residues in food

or feed crops, meat, milk, poultry or

eggs.

§ 180.2010 Threshold of regulation

determinations. [Reserved]

§ 180.2020 Non-food determinations.

The following pesticide chemical uses

do not need a tolerance or exemption

from the requirement of a tolerance

based on EPA’s determination that they

are not likely to result in residues in or

on food.

Pesticide Chemical CAS Reg. No. Limits Uses

Rhodamine B 81–88–9 Not to exceed 2% by weight of the formulated product and 60 ppm on the

treated seed

Dye for seed treatment

Federal Register / Vol. 66, No. 248 / Thursday, December 27, 2001 / Rules and Regulations 66773

[FR Doc. 01–31802 Filed 12–26–01; 8:45 am]

BILLING CODE 6560–50–S

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 180

[OPP–301205; FRL–6817–9]

RIN 2070–AB78

Imazamox; Pesticide Tolerance

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This regulation establishes a

tolerance for residues of imazamox in or

on the raw agricultural commodities:

alfalfa forage, seed and hay, canola seed,

vegetable, legume, group wheat forage,

grain, bran, germ, shorts, hay and straw.

BASF Corporation, formerly American

Cyanamid Company, requested this

tolerance under the Federal Food, Drug,

and Cosmetic Act, as amended by the

Food Quality Protection Act of 1996.

DATES: This regulation is effective

December 27, 2001. Objections and

requests for hearings, identified by

docket control number OPP–301205,

must be received by EPA on or before

February 25, 2002.

ADDRESSES: Written objections and

hearing requests may be submitted by

mail, in person, or by courier. Please

follow the detailed instructions for each

method as provided in Unit VI. of the

SUPPLEMENTARY INFORMATION. To ensure

proper receipt by EPA, your objections

and hearing requests must identify

docket control number OPP–301205 in

the subject line on the first page of your

response.

FOR FURTHER INFORMATION CONTACT: By

mail: Jim Tompkins, Registration

Division (7505C), Office of Pesticide

Programs, Environmental Protection

Agency, 1200 Pennsylvania Ave., NW.,

Washington, DC 20460; telephone

number: (703) 305–5697; and e-mail

address: tompkins.jim@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

You may be affected by this action if

you are an agricultural producer, food

manufacturer, or pesticide

manufacturer. Potentially affected

categories and entities may include, but

are not limited to:

Categories NAICS Examples of Potentially Affected Entities

Industry 111 Crop production

Categories NAICS Examples of Potentially Affected Entities

112 Animal production

311 Food manufacturing

32532 Pesticide manufacturing

This listing is not intended to be

exhaustive, but rather provides a guide

for readers regarding entities likely to be

affected by this action. Other types of

entities not listed in the table could also

be affected. The North American

Industrial Classification System

(NAICS) codes have been provided to

assist you and others in determining

whether or not this action might apply

to certain entities. If you have questions

regarding the applicability of this action

to a particular entity, consult the person

listed 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/. To access the

OPPTS Harmonized Guidelines

referenced in this document, go directly

to the guidelines at http://www.epa.gov/

opptsfrs/home/guidelin.htm. A

frequently updated electronic version of

40 CFR part 180 is available at http://

www.access.gpo.gov/nara/cfr/

cfrhtml_180/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–301205. 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

In the Federal Register of March 29,

2000 (65 FR 16594) (FRL–6498–5), EPA

issued a notice pursuant to section 408

of the Federal Food, Drug, and Cosmetic

Act (FFDCA), 21 U.S.C. 346a as

amended by the Food Quality Protection

Act of 1996 (FQPA) (Public Law 104–

170) announcing the filing of a pesticide

petition (PP) for tolerance by American

Cyanamid Company, P.O. Box 400,

Princeton, NJ 08543–0400. This notice

included a summary of the petition

prepared by American Cyanamid

Company, the registrant. There were no

comments received in response to the

notice of filing. The petition was

subsequently transferred to BASF

Corporation, P.O. Box 400, Princeton, NJ

08543–0400.

The petition requested that 40 CFR

180.508 be amended by establishing a

tolerance for residues of the herbicide

imazamox, (±)-2-[4,5-dihydro-4-methyl4-(1-methylethyl)-5-oxo-1H-imidazol-2-

yl]-5-(methoxymethyl)-3-

pyridinecarboxylic acid, in or on the

raw agricultural commodities: vegetable,

legume, group at 0.05 ppm; canola, seed

at 0.05 ppm. Tolerances are established

for the combined residues of the

herbicide imazamox, and its metabolite,

AC263284 (±)-2-[4,5-dihydro-4-methyl4-(1-methylethyl)-5-oxo-1H-imidazol-2-

yl]-5-(hydroxymethyl)-3-

pyridinecarboxylic acid in or on the

following raw agricultural commodities

wheat, grain, forage and hay at 0.3 ppm,

wheat, straw at 0.2 ppm, wheat, bran at

1.0 ppm, wheat, shorts at 0.8 ppm, and

wheat, germ at 0.6 ppm. Tolerances are

established for the combined residues of

the herbicide imazamox, and its

metabolite, AC263284 (free and

conjugated), and AC312622, (±)-2-[4,5-

dihydro-4-methyl-4-(1-methylethyl)-5-

oxo-1H-imidazol-2-yl]-3,5-

pyridinecarboxylic acid in or on the

following raw agricultural commodities:

alfalfa, seed at 0.4 ppm, alfalfa, forage at

2.0 ppm and alfalfa, hay at 4.0 ppm

respectively.

Section 408(b)(2)(A)(i) of the FFDCA

allows EPA to establish a tolerance (the

legal limit for a pesticide chemical

residue in or on a food) only if EPA

determines that the tolerance is ‘‘safe.’’

Section 408(b)(2)(A)(ii) defines ‘‘safe’’ to

mean that ‘‘there is a reasonable