Federal
Register:
May
22,
2002
(
Volume
67,
Number
99)]
[
Rules
and
Regulations]
[
Page
35912­
35915]
From
the
Federal
Register
Online
via
GPO
Access
[
wais.
access.
gpo.
gov]
[
DOCID:
fr22my02­
7]

­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­

ENVIRONMENTAL
PROTECTION
AGENCY
40
CFR
Part
180
[
OPP­
2002­
0035;
FRL­
6836­
7]

Nicotine;
Tolerance
Revocations
AGENCY:
Environmental
Protection
Agency
(
EPA).
ACTION:
Final
rule.

­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­

SUMMARY:
This
document
revokes
specific
tolerances
for
residues
of
nicotine­
containing
compounds
used
as
insecticides
and
for
the
insecticide
nicotine.
The
regulatory
actions
in
this
document
are
part
of
the
Agency's
reregistration
program
under
the
Federal
Insecticide,
Fungicide,
and
Rodenticide
Act
(
FIFRA),
and
the
tolerance
reassessment
requirements
of
the
Federal
Food,
Drug,
and
Cosmetic
Act
(
FFDCA)
section
408(
q),
as
amended
by
the
Food
Quality
Protection
Act
(
FQPA)
of
1996.
By
law,
EPA
is
required
by
August
2002
to
reassess
66%
of
the
tolerances
in
existence
on
August
2,
1996,
or
about
6,400
tolerances.
The
regulatory
actions
in
this
document
pertain
to
the
revocation
of
66
tolerances
which
are
counted
among
tolerance/
exemption
reassessments
made
toward
the
August,
2002
review
deadline.

DATES:
This
regulation
is
effective
August
20,
2002.
Objections
and
requests
for
hearings,
identified
by
docket
control
number
OPP­
2002­
0035,
must
be
received
by
EPA
on
or
before
July
22,
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
IV.
of
the
SUPPLEMENTARY
INFORMATION.
To
ensure
proper
receipt
by
EPA,
your
objections
and
hearing
requests
must
identify
docket
control
number
OPP­
2002­
0035
in
the
subject
line
on
the
first
page
of
your
response.

FOR
FURTHER
INFORMATION
CONTACT:
By
mail:
Joseph
Nevola,
Special
Review
and
Reregistration
Division
(
7508C),
Office
of
Pesticide
Programs,
Environmental
Protection
Agency,
1200
Pennsylvania
Ave.,
NW.,
Washington,
DC
20460;
telephone
number:
(
703)
308­
8037;
e­
mail
address:
nevola.
joseph@
epa.
gov.

SUPPLEMENTARY
INFORMATION:

I.
General
Information
A.
Does
this
Action
Apply
to
Me?

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

­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­
Examples
of
Categories
NAICS
Codes
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
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
theFederal
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
2002­
0035.
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
A.
What
Action
is
the
Agency
Taking?

This
final
rule
revokes
certain
FFDCA
tolerances
for
residues
of
nicotine­
containing
compounds
used
as
insecticides
and
for
the
insecticide
nicotine
in
or
on
specified
commodities
listed
in
the
regulatory
text
because
nicotine
is
no
longer
registered
under
FIFRA
for
use
on
those
commodities.
The
tolerances
revoked
by
this
final
rule
[[
Page
35913]]

are
no
longer
necessary
to
cover
residues
of
nicotine
or
nicotine­
containing
compounds
in
or
on
domestically
treated
commodities
or
commodities
treated
outside
but
imported
into
the
United
States.
Nicotine
or
nicotine­
containing
compounds
are
no
longer
used
on
those
specified
commodities
within
the
United
States,
and
no
one
commented
that
there
was
a
need
for
EPA
to
retain
the
tolerances
to
cover
nicotine
residues
in
or
on
imported
foods.
EPA
has
historically
expressed
a
concern
that
retention
of
tolerances
that
are
not
necessary
to
cover
residues
in
or
on
legally
treated
foods
has
the
potential
to
encourage
misuse
of
pesticides
within
the
United
States.
Thus,
it
is
EPA's
policy
to
issue
a
final
rule
revoking
those
tolerances
for
residues
of
pesticide
chemicals
for
which
there
are
no
active
registrations
under
FIFRA,
unless
any
person
commenting
on
the
proposal
demonstrates
a
need
for
the
tolerance
to
cover
residues
in
or
on
imported
commodities
or
domestic
commodities
legally
treated.
In
the
Federal
Register
of
January
16,
2002
(
67
FR
2175)
(
FRL­
6810­
3),
EPA
issued
a
proposed
rule
to
revoke
the
tolerances
listed
in
this
final
rule.
Also,
the
January
16,
2002
proposal
invited
public
comment
for
consideration
and
for
support
of
tolerance
retention
under
FFDCA
standards.
No
comments
were
received
by
the
Agency.
Currently,
with
the
exception
of
cucumber,
lettuce,
and
tomato,
there
are
no
other
active
food
use
registrations
existing
for
nicotine­
containing
compounds
or
nicotine.
Because
no
active
food
use
registrations
have
existed
since
1994
and
because
no
comments
expressed
a
need
to
retain
these
tolerances
for
import
purposes,
EPA
is
revoking
62
tolerances
in
40
CFR
180.167
for
residues
of
nicotine­
containing
compounds
used
as
insecticides
in
or
on
apples;
apricots;
artichokes;
asparagus;
avocados;
beans;
beets
(
with
or
without
tops)
or
beet
greens
alone;
blackberries;
boysenberries;
broccoli;
brussels
sprouts;
cabbage;
cauliflower;
celery;
cherries;
citrus
fruits;
collards;
corn;
cranberries;
currants;
dewberries;
eggplants;
gooseberries;
grapes;
kale;
kohlrabi;
loganberries;
melons;
mushrooms;
mustard
greens;
nectarines;
okra;
onions;
parsley;
parsnips
(
with
or
without
tops)
or
parsnip
greens
alone;
peaches;
pears;
peas;
peppers;
plums
(
fresh
prunes);
pumpkins;
quinces;
radishes
(
with
or
without
tops)
or
radish
tops;
raspberries;
rutabagas
(
with
or
without
tops)
or
rutabaga
tops;
spinach;
squash;
strawberries;
summer
squash;
Swiss
chard;
turnips
(
with
or
without
tops)
or
turnip
greens;
and
youngberries.
Also,
EPA
is
revoking
the
four
tolerances
in
40
CFR
180.167a
for
residues
of
the
insecticide
nicotine
in
eggs;
poultry,
fat;
poultry,
meat;
and
poultry,
meat
byproducts
by
removing
section
180.167a
in
its
entirety.
Because
some
of
the
tolerances
in
40
CFR
180.167
will
not
be
revoked
and
will
remain
in
the
Code
of
Federal
Regulations,
EPA
is
revising
the
commodity
terminology
changes
for
the
remaining
tolerances
to
conform
with
current
Agency
administrative
practice
as
follows:
  
cucumbers''
to
  
cucumber''
and
  
tomatoes''
to
  
tomato.''

B.
What
is
the
Agency's
Authority
for
Taking
this
Action?

It
is
EPA's
general
practice
to
propose
revocation
of
tolerances
for
residues
of
pesticide
active
ingredients
on
crop
uses
for
which
FIFRA
registrations
no
longer
exist.
EPA
has
historically
been
concerned
that
retention
of
tolerances
that
are
not
necessary
to
cover
residues
in
or
on
legally
treated
foods
may
encourage
misuse
of
pesticides
within
the
United
States.
Nonetheless,
EPA
will
establish
and
maintain
tolerances
even
when
corresponding
domestic
uses
are
canceled
if
the
tolerances,
which
EPA
refers
to
as
  
import
tolerances,''
are
necessary
to
allow
importation
into
the
United
States
of
food
containing
such
pesticide
residues.
However,
where
there
are
no
imported
commodities
that
require
these
import
tolerances,
the
Agency
believes
it
is
appropriate
to
revoke
tolerances
for
unregistered
pesticides
in
order
to
prevent
potential
misuse.

C.
When
Do
These
Actions
Become
Effective?

These
actions
become
effective
90
days
following
publication
of
this
final
rule
in
the
Federal
Register.
EPA
has
delayed
the
effectiveness
of
these
revocations
for
90
days
following
publication
of
this
final
rule
to
ensure
that
all
affected
parties
receive
notice
of
EPA's
actions.
Consequently,
the
effective
date
is
August
20,
2002.
For
this
final
rule,
tolerances
that
were
revoked
because
registered
uses
did
not
exist
concerned
uses
which
have
been
canceled
for
many
years.
Therefore,
commodities
containing
these
pesticide
residues
should
have
cleared
the
channels
of
trade.
Any
commodities
listed
in
the
regulatory
text
of
this
document
that
are
treated
with
the
pesticide
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
residue
of
this
pesticide
in
or
on
such
food
shall
not
render
the
food
adulterated
so
long
as
it
is
shown
to
the
satisfaction
of
FDA
that,
(
1)
the
residue
is
present
as
the
result
of
an
application
or
use
of
the
pesticide
at
a
time
and
in
a
manner
that
was
lawful
under
FIFRA,
and
(
2)
the
residue
does
not
exceed
the
level
that
was
authorized
at
the
time
of
the
application
or
use
to
be
present
on
the
food
under
a
tolerance
or
exemption
from
a
tolerance.
Evidence
to
show
that
food
was
lawfully
treated
may
include
records
that
verify
the
dates
that
the
pesticide
was
applied
to
such
food.

D.
What
is
the
Contribution
to
Tolerance
Reassessment?

By
law,
EPA
is
required
by
August
2002
to
reassess
66%
or
about
6,400
of
the
tolerances
in
existence
on
August
2,
1996.
EPA
is
also
required
to
assess
the
remaining
tolerances
by
August,
2006.
As
of
May
1,
2002,
EPA
has
reassessed
over
4,140
tolerances.
For
counting
purposes,
the
tolerances
depicted
as
  
with
or
without
tops''
were
each
counted
as
two
tolerances.
In
this
rule,
EPA
is
revoking
66
tolerances
which
count
as
reassessments
toward
the
August,
2002
review
deadline
of
FFDCA
section
408(
q),
as
amended
by
FQPA
in
1996.

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.
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
[[
Page
35914]]

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
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
2002­
0035
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
July
22,
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.
Objection/
hearing
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.
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
IV.
A.,
you
should
also
send
a
copy
of
your
request
to
the
PIRIB
for
its
inclusion
in
the
official
record
that
is
described
in
Unit
I.
B.
2.
Mail
your
copies,
identified
by
docket
control
number
OPP­
2002­
0035,
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:
opp­
docket@
epa.
gov.
Please
use
an
ASCII
file
format
and
avoid
the
use
of
special
characters
and
any
form
of
encryption.
Copies
of
electronic
objections
and
hearing
requests
will
also
be
accepted
on
disks
in
WordPerfect
6.1/
8.0
or
ASCII
file
format.
Do
not
include
any
CBI
in
your
electronic
copy.
You
may
also
submit
an
electronic
copy
of
your
request
at
many
Federal
Depository
Libraries.

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.
Regulatory
Assessment
Requirements
This
final
rule
will
revoke
tolerances
established
under
FFDCA
section
408.
The
Office
of
Management
and
Budget
(
OMB)
has
exempted
this
type
of
action
(
i.
e.,
a
tolerance
revocation
for
which
extraordinary
circumstances
do
not
exist)
from
review
under
Executive
Order
12866,
entitled
Regulatory
Planning
and
Review
(
58
FR
51735,
October
4,
1993).
Because
this
final
rule
has
been
exempted
from
review
under
Executive
Order
12866
due
to
its
lack
of
significance,
this
final
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
113,
section
12(
d)
(
15
U.
S.
C.
272
note).
Pursuant
to
the
Regulatory
Flexibility
Act
(
RFA)
(
5
U.
S.
C.
601
et
seq.),
the
Agency
previously
assessed
whether
revocations
of
tolerances
might
significantly
impact
a
substantial
number
of
small
entities
and
concluded
that,
as
a
general
matter,
these
actions
do
not
impose
a
significant
economic
impact
on
a
substantial
number
of
small
entities.
This
analysis
was
published
on
December
17,
1997
(
62
FR
66020),
and
was
provided
to
the
Chief
Counsel
for
Advocacy
of
the
Small
Business
Administration.
Taking
into
account
this
analysis,
and
available
information
concerning
the
pesticide
listed
in
this
rule,
I
certify
that
this
action
will
not
have
a
significant
[[
Page
35915]]

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
nicotine­
containing
compounds
used
as
insecticides
or
the
insecticide
nicotine.
Furthermore,
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
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.

VI.
Submission
to
Congress
and
the
Comptroller
General
The
Congressional
Review
Act,
5
U.
S.
C.
801
et
seq.,
as
added
by
the
Small
Business
Regulatory
Enforcement
Fairness
Act
of
1996,
generally
provides
that
before
a
rule
may
take
effect,
the
agency
promulgating
the
rule
must
submit
a
rule
report,
which
includes
a
copy
of
the
rule,
to
each
House
of
the
Congress
and
to
the
Comptroller
General
of
the
United
States.
EPA
will
submit
a
report
containing
this
rule
and
other
required
information
to
the
U.
S.
Senate,
the
U.
S.
House
of
Representatives,
and
the
Comptroller
General
of
the
United
States
prior
to
publication
of
this
final
rule
in
the
Federal
Register.
This
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:
May
2,
2002.
Joseph
J.
Merenda,
Acting
Director,
Office
of
Pesticide
Programs.

Therefore,
40
CFR
part
180
is
amended
as
follows:

PART
180­­[
AMENDED]

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

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

2.
Section
180.167
is
revised
to
read
as
follows:

Sec.
180.167
Nicotine­
containing
compounds;
tolerances
for
residues.

(
a)
General.
Tolerances
are
established
for
residues
of
nicotine­
containing
compounds
used
as
insecticides
in
or
on
the
following
raw
agricultural
commodities:

­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­
Commodity
Parts
per
million
­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­
Cucumber.............................................
2.0
Lettuce..............................................
2.0
Tomato...............................................
2.0
­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­

(
b)
Section
18
emergency
exemptions.
[
Reserved]
(
c)
Tolerances
with
regional
registrations.
[
Reserved]
(
d)
Indirect
or
inadvertent
residues.
[
Reserved]

Sec.
180.167a
[
Removed]

3.
Section
180.167a
is
removed.
[
FR
Doc.
02­
12423
Filed
5­
21­
02;
8:
45
am]
BILLING
CODE
6560­
50­
S
