40185
Federal
Register
/
Vol.
67,
No.
113
/
Wednesday,
June
12,
2002
/
Rules
and
Regulations
§
80.395
Who
is
liable
for
violations
under
the
gasoline
sulfur
program?
(
a)
*
*
*
(
5)
GPA
use
violation.
Any
refiner,
importer,
distributor,
reseller,
carrier,
retailer,
wholesale
purchaser­
consumer,
or
oxygenate
blender
who
owned,
leased,
operated,
controlled
or
supervised
a
facility
where
a
violation
of
§
80.385(
f)
occurred,
is
deemed
in
violation
of
§
80.385(
f).
(
6)
Causing
a
GPA
use
violation.
Any
refiner,
importer,
distributor,
reseller,
carrier,
retailer,
wholesale
purchaserconsumer
or
oxygenate
blender
who
produced,
imported,
sold,
offered
for
sale,
dispensed,
supplied,
offered
for
supply,
stored,
transported,
or
caused
the
transportation
or
storage
of
gasoline
that
violates
§
80.385(
f),
is
deemed
in
violation
of
§
80.385(
c).
*
*
*
*
*
(
12)
Joint
venture
and
joint
owner
liability.
Each
partner
to
a
joint
venture,
or
each
owner
of
a
facility
owned
by
two
or
more
owners,
is
jointly
and
severally
liable
for
any
violation
of
this
subpart
that
occurs
at
the
joint
venture
facility
or
facility
owned
by
the
joint
owners,
or
is
committed
by
the
joint
venture
operation
or
any
of
the
joint
owners
of
the
facility.
(
13)
Failure
to
use
credits
violation.
Any
small
refiner
that
has
an
approved
adjustment
of
its
per­
gallon
cap
under
§
80.271
and
that
does
not
obtain
(
or
generate)
and
use
the
required
number
of
sulfur
credits
or
allotments
under
§
80.271(
d)
by
the
time
it
submits
its
annual
report
under
§
80.370
is
deemed
in
violation
of
§
80.385(
g).
*
*
*
*
*
18.
Section
80.405
is
amended
by
adding
a
new
paragraph
(
e)
to
read
as
follows:

§
80.405
What
penalties
apply
under
this
subpart?

*
*
*
*
*
(
e)
Any
person
liable
under
§
80.395(
a)(
13)
for
failing
to
obtain
(
or
generate)
and
use
the
total
required
number
of
sulfur
credits
or
allotments
under
§
80.271(
d)
for
a
calendar
year
is
subject
to
a
separate
day
of
violation
for
each
day
until
the
required
number
of
credits
or
allotments
is
used.
19.
Section
80.410
is
amended
by
revising
paragraph
(
h)(
7)(
ii)
to
read
as
follows:

§
80.410
What
are
the
additional
requirements
for
gasoline
produced
at
foreign
refineries
having
an
individual
small
refiner
sulfur
baseline,
foreign
refineries
granted
temporary
relief
under
§
80.270,
or
baselines
for
generating
credits
during
2000
through
2003?

*
*
*
*
*
(
h)
*
*
*
(
7)
*
*
*
(
ii)
Be
licensed
as
a
Certified
Public
Accountant
in
the
United
States
and
a
citizen
of
the
United
States,
or
be
approved
in
advance
by
EPA
based
on
a
demonstration
of
ability
to
perform
the
procedures
required
in
§
§
80.125
through
80.130,
§
80.415
and
this
paragraph
(
h);
and
*
*
*
*
*
20.
Section
80.415
is
amended
by;
a.
Adding
paragraphs
(
a)(
2)(
iii),
(
a)(
2)(
iv),
and
(
b)(
6);
b.
Removing
paragraphs
(
a)(
4)
and
(
a)(
5);
and
c.
Revising
paragraphs
(
a)(
3)
and
(
g)(
4).
The
additions
and
revisions
read
as
follows:

§
80.415
What
are
the
attest
engagement
requirements
for
gasoline
sulfur
compliance
applicable
to
refiners
and
importers?

*
*
*
*
*
(
a)
*
*
*
(
2)
*
*
*
(
iii)
If
the
annual
average
sulfur
level
for
any
year
in
which
credits
were
generated
for
2000
through
2003
was
less
than
the
baseline
level
under
paragraph
(
a)(
1)
of
this
section,
for
small
refiners
report
as
a
finding
the
lowest
annual
sulfur
level
as
the
new
baseline
value
for
purposes
of
establishing
the
small
refiner
standards
under
§
80.240,
and
for
GPA
gasoline
report
as
a
finding
the
lowest
annual
sulfur
level
as
the
new
sulfur
level
for
purposes
of
credit
generation
under
§
80.310,
if
lower
than
150.00
ppm.
(
iv)
If
the
refinery
being
reviewed
is
a
small
refinery
and
the
annual
volume
under
paragraph
(
b)(
2)
of
this
section
is
greater
than
the
baseline
volume,
calculate
the
applicable
standard
in
accordance
with
§
80.240(
c).
(
3)
Obtain
a
written
representation
from
the
company
representative
stating
the
sulfur
value
that
the
company
used
as
its
baseline
and
agree
that
number
to
paragraphs
(
a)(
1)
and
(
a)(
2)
of
this
section
and
to
the
reports
to
EPA.
(
b)
*
*
*
(
6)
Agree
the
information
in
the
refinery's
or
importer's
batch
reports
filed
with
EPA
under
§
§
80.75
and
80.105,
and
any
laboratory
test
results,
with
the
information
contained
in
the
annual
sulfur
report
required
under
§
80.370.
*
*
*
*
*
(
g)
*
*
*
(
4)
Obtain
the
refiner's
or
importer's
representation
as
to
the
portion
of
the
deficit
under
paragraph
(
g)(
3)
of
this
section
that
was
resolved
with
credits,
or
the
portion
that
was
resolved
with
allotments
in
2004
or
2005
only
(
compliance
deficits
for
GPA
gasoline
cannot
be
carried
forward).
*
*
*
*
*
[
FR
Doc.
02
 
13802
Filed
6
 
11
 
02;
8:
45
am]

BILLING
CODE
6560
 
50
 
P
ENVIRONMENTAL
PROTECTION
AGENCY
40
CFR
Part
180
[
OPP
 
2002
 
0036;
FRL
 
6835
 
6]

RIN
2070
 
AB78
Vinclozolin;
Tolerance
Revocations
and
Notice
of
Channels
of
Trade
Provision
Guidance
AGENCY:
Environmental
Protection
Agency
(
EPA).
ACTION:
Final
rule.

SUMMARY:
This
final
rule
revises
the
tolerances
listed
in
the
regulatory
text
for
the
fungicide
vinclozolin
(
40
CFR
180.380)
by
revoking
the
tolerances
in
or
on
strawberries,
stone
fruits,
cucumbers,
and
bell
peppers.
The
Environmental
Protection
Agency
previously
published
a
notice
proposing
to
revoke
these
four
tolerances,
subject
to
public
comment,
in
the
Federal
Register
on
July
10,
2001
(
FRL
 
67797
 
7).
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).
The
Food
and
Drug
Administration
(
FDA)
in
a
related
notice
published
else
where
in
this
issue
of
the
Federal
Register
is
announcing
the
availability
of
a
guidance
document
presenting
FDA's
policy
on
its
planned
enforcement
approach
for
foods
containing
vinclozolin
residues.
This
guidance
will
assist
firms
in
understanding
the
types
of
showing
under
408(
1)(
5)
of
the
FFDCA
(
hereinafter
referred
to
as
the
channels
of
trade
provision)
that
FDA
may
find
satisfactory
in
accordance
with
its
planned
enforcement
approach
for
such
section.
EPA
and
FDA
are
cooperating
on
this
effort.
DATES:
This
final
rule
is
effective
June
12,
2002.
Objections
and
requests
for
hearings,
identified
by
docket
ID
number
OPP
 
2002
 
0036,
must
be
received
by
EPA
on
or
before
August
12,
2002.
ADDRESSES:
Written
objections
and
hearing
requests
may
be
submitted
by
mail,
in
person,
or
by
courier.
Please
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40186
Federal
Register
/
Vol.
67,
No.
113
/
Wednesday,
June
12,
2002
/
Rules
and
Regulations
follow
the
detailed
instructions
for
each
method
as
provided
in
Unit
III.
To
ensure
proper
receipt
by
EPA,
your
objections
and
hearing
requests
must
identify
docket
ID
number
OPP
 
2002
 
0036
in
the
subject
line
on
the
first
page
of
your
response.
FOR
FURTHER
INFORMATION
CONTACT:
By
mail:
Deanna
Scher,
Special
Review
and
Reregistration
Division
(
7508C),
Office
of
Pesticide
Programs,
Environmental
Protection
Agency,
1200
Pennsylvania
Ave.,
NW.,
Washington,
DC
20460;
telephone
number:
(
703)
308
 
7043;
and
e­
mail
address:
scher.
deanna@
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
112
311
32532
Crop
production
Animal
production
Food
manufacturing
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/.
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
ID
number
OPP
 
2002
 
0036.
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
the
FFDCA
tolerances
for
residues
of
the
fungicide
vinclozolin
in
or
on
strawberries,
stone
fruits,
cucumbers,
and
bell
peppers.
In
the
Federal
Register
of
July
10,
2001
(
66
FR
35921)
(
FRL
 
6779
 
7),
EPA
issued
a
proposed
rule
to
revoke
the
tolerances
listed
in
this
final
rule
and
invited
public
comment
for
consideration
and
for
support
of
tolerance
retention
under
FFDCA
standards.
No
comments
were
received
by
the
Agency
during
the
60
 
day
comment
period.
The
revocation
is
effective
on
the
date
of
publication
of
this
final
rule.
On
July
30,
1998,
EPA
published
a
notice
in
the
Federal
Register
(
63
FR
40710)
(
FRL
 
6020
 
9)
announcing
BASF
Corporation's
request
to
cancel
the
FIFRA
registered
uses
for
the
pesticide
vinclozolin
on
strawberries
and
stone
fruits.
These
cancellations
were
precipitated
by
EPA's
determination
that
aggregate
exposure
to
vinclozolin
exceeded
the
safety
standard
under
FQPA.
The
notice
informed
the
public
of
how
it
could
comment
on
the
request
for
cancellation.
One
comment
was
received
from
the
California
Strawberry
Commission;
this
comment
was
fully
addressed
in
a
subsequent
Federal
Register
notice
(
63
FR
59557)
(
FRL
 
6041
 
7)
published
on
November
4,
1998
which
announced
the
approval,
with
one
minor
change,
of
the
proposed
existing
stocks
provision
for
products
containing
vinclozolin.
Under
limitations
on
the
use
of
existing
stocks,
the
application
of
the
pesticide
vinclozolin
on
strawberries
and
stone
fruit
became
unlawful
after
January
30,
2000.
Therefore,
no
domestically
treated
commodities
covered
by
these
tolerances
are
expected
to
be
in
the
channels
of
trade.
No
person
has
provided
comments
identifying
a
need
for
EPA
to
retain
the
tolerances
to
cover
residues
in
or
on
imported
strawberries
or
stone
fruits.
On
May
31,
2000,
BASF
Corporation
requested
that
EPA
revoke
the
import
tolerances
for
cucumbers
and
bell
peppers,
as
part
of
a
risk
mitigation
proposal
designed
to
address
dietary
and
aggregate
risk
concerns
identified
during
reregistration
review.
BASF
requested
that
EPA
revoke
the
established
import
tolerances
for
bell
peppers
and
cucumbers
not
before
January
1,
2001.
These
mitigation
measures
allowed
the
Agency
to
determine
that
the
use
of
vinclozolin,
with
the
amendments
proposed
by
the
registrant,
would
meet
the
safety
standard
of
the
Food
Quality
Protection
Act
(
FQPA).
Vinclozolin
is
not
registered
for
use
on
bell
peppers
and
cucumbers
in
the
United
States.
No
person
has
provided
comment
identifying
a
need
for
EPA
to
retain
the
tolerances
to
cover
residues
in
or
on
imported
cucumbers
or
bell
peppers.

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.

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Federal
Register
/
Vol.
67,
No.
113
/
Wednesday,
June
12,
2002
/
Rules
and
Regulations
C.
When
do
These
Actions
Become
Effective?

These
actions
become
effective
on
June
12,
2002.
Any
commodities
listed
in
the
regulatory
text
of
this
document
that
are
treated
with
vinclozolin,
and
that
are
in
the
channels
of
trade
following
the
tolerance
revocations,
shall
be
subject
to
FFDCA
section
408(
l)(
5),
the
``
channels
of
trade
provision''
as
established
by
the
FQPA.
Under
this
section,
any
residue
of
vinclozolin
in
or
on
such
commodities
shall
not
render
the
commodities
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.
The
channels
of
trade
provision
allows
for
the
orderly
marketing
of
foods
that
may
currently
contain
legal
residues
resulting
from
lawful
applications
of
vinclozolin.

D.
What
Action
is
FDA
Taking
with
Respect
to
the
Tolerance
Revocation?

The
FDA
in
a
related
notice
published
elsewhere
in
this
issue
of
the
Federal
Register
is
announcing
the
availability
of
a
guidance
document
presenting
FDA's
policy
on
its
planned
enforcement
approach
for
foods
containing
vinclozolin
residues.
This
guidance
will
assist
firms
in
understanding
the
types
of
showing
under
section
408(
l)(
5)
of
the
FFDCA
that
FDA
may
find
satisfactory
in
accordance
with
its
planned
enforcement
approach
for
such
section.

E.
What
is
the
Contribution
to
Tolerance
Reassessment?

By
law,
EPA
is
required
to
reassess
66%
or
about
6,400
of
the
tolerances
in
existence
on
August
2,
1996,
by
August
2002.
EPA
is
also
required
to
assess
the
remaining
tolerances
by
August,
2006.
As
of
May
15,
2002,
EPA
has
reassessed
over
4,570
tolerances.
This
document
revokes
four
vinclozolin
tolerances;
however,
the
reassessments
were
previously
counted
in
1997
when
all
vinclozolin
tolerances
were
reassessed
in
order
to
make
a
decision
on
a
new
tolerance
petition.
Consequently,
no
further
vinclozolin
reassessments,
including
these
four
revocations,
count
towards
the
August,
2002
review
deadline
of
FFDCA
section
408(
q),
as
amended
by
the
Food
Quality
Protection
Act
(
FQPA)
of
1996.
III.
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
ID
number
OPP
 
2002
 
0036
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
August
12,
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
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
ID
number
OPP
 
2002
 
0036,
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
This
final
rule
will
revoke
tolerances
established
under
FFDCA
section
408.

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Register
/
Vol.
67,
No.
113
/
Wednesday,
June
12,
2002
/
Rules
and
Regulations
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
LowIncome
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
pesticides
listed
in
this
rule,
I
certify
that
this
action
will
not
have
a
significant
economic
impact
on
a
substantial
number
of
small
entities.
Specifically,
as
per
the
1997
notice,
EPA
has
reviewed
its
available
data
on
imports
and
foreign
pesticide
usage
and
concludes
that
there
is
a
reasonable
international
supply
of
food
not
treated
with
canceled
pesticides.
Furthermore,
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.

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).

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Federal
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/
Vol.
67,
No.
113
/
Wednesday,
June
12,
2002
/
Rules
and
Regulations
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
20,
2002.
Marcia
E.
Mulkey,
Director,
Office
of
Pesticide
Programs.

Therefore,
40
CFR
chapter
I
is
amended
as
follows:

PART
180
 
[
AMENDED]

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

Authority:
21
U.
S.
C.
321(
q),
346(
a)
and
371.
2.
Section
180.[
380]
is
amended
by
removing
from
the
table
in
paragraph
(
a)
the
entries
for
``
cucumbres'',
``
peppers
(
bell)'',
``
stonefruits,
except
plums/
fresh
prunes''
and
``
strawberries'',
and
by
adding
paragraph
(
e)
to
read
as
follows:

§
180.380
Vinclozolin;
tolerances
for
residues.

*
*
*
*
*
(
e)
Revoked
tolerances
subject
to
the
channel
of
trade
provisions.
The
following
table
lists
commodities
with
residues
of
vinclozolin
resulting
from
lawful
use
are
subject
to
the
channels
of
trade
provisions
of
section
408(
l)(
5)
of
the
FFDCA:

Commodity
Parts
per
million
Cucumbers
1.0
Peppers
(
bell)
3.0
Stonefruits,
except
plums/
fresh
prunes
25.0
Strawberries
10.0
[
FR
Doc.
02
 
13520
Filed
6
 
11
 
02;
8:
45
am]

BILLING
CODE
6560
 
50
 
S
ENVIRONMENTAL
PROTECTION
AGENCY
40
CFR
Part
180
[
OPP
 
2002
 
0082;
FRL
 
7180
 
8]

Triflusulfuron
Methyl;
Pesticide
Tolerance
AGENCY:
Environmental
Protection
Agency
(
EPA).
ACTION:
Final
rule.

SUMMARY:
This
regulation
establishes
tolerances
for
residues
of
triflusulfuron
methyl
in
or
on
beet,
sugar,
roots;
beet,
sugar,
tops;
and
chicory,
roots.
Interregional
Research
Project
#
4
(
IR­
4)
and
E.
I.
Dupont
de
Nemours
&
Company
requested
these
tolerances
under
the
Federal
Food,
Drug,
and
Cosmetic
Act
(
FFDCA),
as
amended
by
the
Food
Quality
Protection
Act
of
1996
(
FQPA).

DATES:
This
regulation
is
effective
June
12,
2002.
Objections
and
requests
for
hearings,
identified
by
docket
ID
number
OPP
 
2002
 
0082,
must
be
received
on
or
before
August
12,
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
ID
number
OPP
 
2002
 
0082
in
the
subject
line
on
the
first
page
of
your
response.

FOR
FURTHER
INFORMATION
CONTACT:
By
mail:
James
A.
Tompkins
or
Hoyt
Jamerson,
Registration
Division
(
7505C),
Office
of
Pesticide
Programs,
Environmental
Protection
Agency,
1200
Pennsylvania
Ave.,
NW.,
Washington,
DC
20460;
telephone
number:
(
703)
305
 
5697
or
(
703)
308
 
9368;
e­
mail
address:
tompkins.
jim@
epa.
gov
or
jamerson.
hoyt@
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:

TABLE
1.
 
EXAMPLES
OF
POTENTIALLY
AFFECTED
ENTITIES
Categories
NAICS
codes
Examples
of
potentially
affected
entities
Industry
111
112
311
32532
Crop
production
Animal
production
Food
manufacturing
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
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.
To
access
the
OPPTS
Harmonized
Guidelines
referenced
in
this
document,
go
directly
to
the
guidelines
at
http://
www.
epa.
gov/
opptsfrs/
home/
guidelin.
htm.
2.
In
person.
The
Agency
has
established
an
official
record
for
this
action
under
docket
ID
number
OPP
 
2002
 
0082.
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
December
22,
1999
(
64
FR
71760)
(
FRL
 
6391
 
1)
and
August
8,
2001
(
66
FR
41593)
(
FRL
 
6795
 
4),
EPA
issued
a
notice
pursuant
to
section
408
of
FFDCA,
21
U.
S.
C.
346a,
as
amended
by
FQPA
(
Public
Law
104
 
170),
announcing
the
filing
of
a
pesticide
petition
(
PP)
by
IR­
4
and
E.
I.
Dupont
de
Nemours
&
Company,
681
US
Highway
#
1
South
North
Brunswick,
NJ
08902
 
3390,
and
E.
I.
DuPont
de
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