[
Federal
Register:
May
17,
2002
(
Volume
67,
Number
96)]
[
Rules
and
Regulations]
[
Page
35045­
35050]
From
the
Federal
Register
Online
via
GPO
Access
[
wais.
access.
gpo.
gov]
[
DOCID:
fr17my02­
9]

=====================================================================
==
­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­

ENVIRONMENTAL
PROTECTION
AGENCY
40
CFR
Part
180
[
OPP­
2002
­
0037;
FRL­
6835­
7]
RIN
2070­
AB78
Pesticides;
Removal
of
Duplicative
or
Expired
Time­
limited
Tolerances
for
Emergency
Exemptions
AGENCY:
Environmental
Protection
Agency
(
EPA).
ACTION:
Final
rule.

­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­

SUMMARY:
EPA
is
amending
40
CFR
part
180
to
remove
time­
limited
tolerances
for
several
pesticides
that
were
originally
established
to
support
emergency
exemptions
issued
under
section
18
of
the
Federal
Insecticide,
Fungicide,
and
Rodenticide
Act
(
FIFRA).
These
time­
limited
tolerances
are
being
removed
from
40
CFR
part
180
because
they
have
since
expired
or
because
permanent
tolerances
have
been
established
for
the
pesticide
and
commodity
covered
by
the
time­
limited
tolerance.
The
expired
time­
limited
tolerance
is
obsolete,
while
the
unexpired
time­
limited
tolerance
covered
by
a
permanent
tolerance
is
duplicative.
In
either
case,
the
time­
limited
tolerance
is
unnecessary
and
is
being
removed
with
this
final
rule
to
ensure
that
the
regulatory
listings
of
tolerances
is
properly
updated.

DATES:
This
rule
is
effective
May
17,
2002.
Objections
and
requests
for
hearings,
identified
by
docket
control
number
OPP­
2002­
0037,
must
be
received
by
EPA
on
or
before
July
16,
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
I.
C.
of
the
"
SUPPLEMENTARY
INFORMATION"
section.
To
ensure
proper
receipt
by
EPA,
your
objections
and
hearing
requests
must
identify
docket
control
number
OPP­
2002­
0037
in
the
subject
line
on
the
first
page
of
your
response.

FOR
FURTHER
INFORMATION
CONTACT:
Robert
Forrest,
Registration
Division
(
7505C),
Office
of
Pesticide
Programs,
Environmental
Protection
Agency,
1200
Pennsylvania
Ave.,
NW.,
Washington,
DC
20460;
telephone
number:
(
703)
308­
9376;
and
e­
mail
address:
forrest.
robert@
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
Potentially
Categories
NAICS
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&
mdash;­
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
2002­
0037.
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.

C.
How
Can
I
Submit
an
Objection
or
Request
a
Hearing
Under
FFDCA?

Although
section
408(
g)
of
the
Federal
Food,
Drug,
and
Cosmetic
Act
(
FFDCA),
as
amended
by
the
Food
Quality
Protection
Act
(
FQPA),
allows
any
person
to
file
an
objection
or
request
a
hearing
when
the
Agency
issues
a
final
tolerance
action
under
section
408,
EPA
does
not
expect
that
anyone
will
file
an
objection
or
request
a
hearing
for
this
particular
rule
because
the
tolerances
being
revoked
here
are
unnecessary
duplicates
of
a
permanent
tolerance
that
remains
in
place
or
are
obsolete
by
their
own
terms.
If,
for
some
reason,
anyone
wishes
to
file
an
objection
or
request
for
a
hearing
under
section
408(
g),
please
follow
the
EPA
procedural
regulations
which
govern
the
submission
of
objections
and
requests
for
hearings
that
appear
in
40
CFR
part
178.
Note
that
the
period
for
filing
objections
is
now
60
days,
rather
than
30
days.

II.
Authority
A.
What
is
EPA's
Authority
for
Revoking
these
Tolerances?

This
final
rule
is
issued
pursuant
to
section
408(
e)
of
FFDCA,
as
amended
by
the
FQPA
(
21
U.
S.
C.
346a(
e)).
Section
408
of
FFDCA
authorizes
the
establishment
of
tolerances,
exemptions
from
the
requirement
of
a
tolerance,
modifications
in
tolerances,
and
revocation
of
tolerances
for
residues
of
pesticide
chemicals
in
or
on
raw
agricultural
commodities
and
processed
foods.
Without
a
tolerance
or
tolerance
exemption,
food
containing
pesticide
residues
is
considered
to
be
unsafe
and
therefore
"
adulterated"
under
section
402(
a)
of
the
FFDCA.
If
food
containing
pesticide
residues
is
found
to
be
adulterated,
the
food
may
not
be
[[
Page
35046]]

distributed
in
interstate
commerce
(
21
U.
S.
C.
331(
a)
and
342(
a)).

B.
Why
is
EPA
Issuing
this
as
a
Final
Rule?

Section
553
of
the
Administrative
Procedure
Act,
5
U.
S.
C.
553(
b)(
B),
provides
that,
when
an
agency
for
good
cause
finds
that
notice
and
public
procedure
are
impracticable,
unnecessary
or
contrary
to
the
public
interest,
the
agency
may
issue
a
rule
without
providing
notice
and
an
opportunity
for
public
comment.
EPA
has
determined
that
there
is
good
cause
for
making
today's
rule
final
without
prior
proposal
and
opportunity
for
comment
because
the
actions
taken
in
this
final
rule
represent
technical
corrections
to
the
regulations
and
do
not
involve
substantive
Agency
action.
The
removal
of
an
expired
time­
limited
tolerance
from
40
CFR
part
180
represents
a
simple
correction
of
the
regulations,
and
does
not
involve
any
substantive
Agency
action.
The
expiration
date
for
the
time­
limited
tolerance
is
set
when
the
Agency
issues
the
final
rule
that
originally
establishes,
or
a
subsequent
final
rule
that
amends,
the
specific
time­
limited
tolerance.
Once
that
time­
limited
tolerance
expires,
the
associated
listing
in
40
CFR
part
180
is
obsolete
and
must
be
removed
to
reflect
that
expiration.
The
revocation
of
an
unexpired
time­
limited
tolerance
from
40
CFR
part
180,
however,
represents
a
substantive
Agency
action.
In
this
case,
that
action
is
appropriate
because
the
Agency's
subsequent
establishment
of
a
permanent
tolerance
for
the
same
pesticide
chemical
and
commodity
that
was
covered
by
the
time­
limited
tolerance,
causes
the
time­
limited
tolerance
to
become
obsolete.
Although
the
time­
limited
tolerance
would
expire
by
its
own
terms
and
become
obsolete,
the
Agency
is
removing
these
tolerances
today
to
eliminate
an
unnecessary
duplication
in
the
regulations.
For
these
reasons,
notice
and
public
procedure
are
unnecessary.
EPA
finds
that
this
constitutes
good
cause
under
5
U.
S.
C.
553(
b)(
B).

III.
Overview
of
Today's
Action
A.
What
Action
is
EPA
Taking?

For
each
pesticide
chemical
and
commodity
combination
listed
below,
EPA
previously
established
a
time­
limited
tolerance,
under
section
408
of
the
FFDCA,
21
U.
S.
C.
346a,
as
amended
by
the
FQPA
of
1996
(
Public
Law
104­
170).
EPA
established
the
tolerances
because
section
408(
l)(
6)
of
the
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
under
section
18
of
FIFRA.
These
time­
limited
tolerances
are
being
removed
from
40
CFR
part
180
today
because
they
have
since
expired
or
because
permanent
tolerances
have
since
been
established
making
these
time­
limited
tolerances
obsolete
or
unnecessary.

B.
Which
Time­
Limited
Tolerances
are
Obsolete?

The
time­
limited
tolerances
for
the
following
pesticide
chemicals
on
specific
commodities
are
being
removed
from
40
CFR
part
180
because
the
time­
limited
tolerances
have
expired,
or
are
duplicative
of
a
permanent
tolerance
that
the
Agency
subsequently
established
for
the
pesticide
and
commodity
covered
by
the
time­
limited
tolerance.
In
either
case,
the
time­
limited
tolerance
is
obsolete
and
no
longer
necessary:
1.
Avermectin.
The
time­
limited
tolerance
for
celeriac
is
being
removed
from
40
CFR
180.449
because
a
permanent
tolerance
for
the
same
pesticide
chemical
and
commodity
has
been
established.
2.
Azoxystrobin.
Time­
limited
tolerances
for
aspirated
soybean
grain
fractions;
cucurbits;
eggs;
kidney
of
cattle;
kidney
of
goats,
hogs,
and
sheep
grazed
on
sugar
beets;
leaf
and
head
lettuce;
liver
of
cattle,
goat,
horse,
sheep,
hog,
and
poultry;
meat
and
fat
of
cattle,
goat,
horse,
sheep,
poultry
and
swine;
milk;
dried
and
fresh
parsley;
rice
grain;
rice
hulls;
rice
straw;
soybean
meal;
soybean
oil;
soybean
silage;
spinach;
sugar
beet
roots;
sugar
beet
tops;
sugar
beet
molasses;
dried
sugar
beet
pulp;
refined
sugar
of
sugar
beet;
and
strawberries;
are
being
removed
from
40
CFR
180.507
because
they
expired
on
or
before
December
30,
2001.
The
time­
limited
tolerance
for
watercress
is
being
removed
from
40
CFR
part
180
because
a
permanent
tolerance
for
the
same
pesticide
chemical
and
commodity
has
been
established.
3.
Bentazon.
The
time­
limited
tolerance
for
succulent
peas
is
being
removed
from
40
CFR
180.355
because
it
expired
on
December
31,
2000.
4.
Bifenthrin.
Time­
limited
tolerances
for
broccoli;
cabbage;
canola
seed;
cauliflower;
grapes;
raspberries;
and
cucurbit
vegetables
are
being
removed
from
40
CFR
180.442
because
they
expired
on
or
before
December
31,
2001.
5.
Carfentrazone­
ethyl.
Time­
limited
tolerances
for
rice
grain
and
rice
straw
are
being
removed
from
40
CFR
180.515
because
they
expired
on
December
31,
2000.
6.
Chlorfenapyr.
Time­
limited
tolerances
for
fat;
meat
byproducts
and
meat
of
cattle,
goats,
hogs,
horses
and
sheep;
cottonseed;
cotton
gin
byproducts;
milk;
and
milk
fat
are
being
removed
from
40
CFR
180.513
because
they
expired
on
January
31,
2001.
7.
Clomazone.
Time­
limited
tolerances
for
rice
grain,
rice
straw,
sugarcane
and
watermelons
are
being
removed
from
40
CFR
180.425
because
permanent
tolerances
for
the
same
pesticide
chemical
and
commodities
have
been
established.
8.
Cymoxanil.
The
time­
limited
tolerance
for
tomatoes
is
being
removed
from
40
CFR
180.503
because
it
expired
on
May
15,
1999.
9.
Cyprodinil.
The
time­
limited
tolerance
for
strawberries
is
being
removed
from
40
CFR
180.532
because
it
expired
on
May
31,
2001.
10.
Dicloran.
Time­
limited
tolerances
for
peanut
oil
and
peanuts
are
being
removed
from
40
CFR
180.200
because
they
expired
on
October
31,
2001.
11.
Diflubenzuron.
The
time­
limited
tolerance
for
pears
is
being
removed
from
40
CFR
180.377
because
it
expired
on
March
31,
2001.
12.
Dimethomorph.
Time­
limited
tolerances
for
potatoes,
tomatoes,
tomato
paste,
and
tomato
puree
are
being
removed
from
40
CFR
180.493
because
they
expired
on
or
before
September
15,
2000.
13.
Endothall.
The
time­
limited
tolerance
for
canola
seed
is
being
removed
from
40
CFR
180.293
because
it
expired
on
February
29,
2000.
14.
Ethametsulfuron­
methyl.
The
time­
limited
tolerance
for
canola
is
being
removed
from
40
CFR
180.563
because
a
permanent
tolerance
for
the
same
pesticide
chemical
and
commodity
has
been
established.
15.
Fenarimol.
Time­
limited
tolerances
for
filberts
and
hops
are
being
removed
from
40
CFR
180.421
because
they
expired
on
December
31,
1998.
16.
Fenoxycarb.
The
time­
limited
tolerance
for
pears
is
being
removed
from
40
CFR
180.504
because
it
expired
on
April
30,
1998.
17.
Fenpropathrin.
Time­
limited
tolerances
for
soybean
forage,
soybean
hay,
soybean
hulls,
soybean
meal,
refined
soybean
oil,
and
soybean
seed
are
being
removed
from
40
CFR
180.466
because
they
expired
on
December
31,
2001.
18.
Fludioxonil.
The
time­
limited
tolerance
for
strawberry
is
being
removed
from
40
CFR
180.516
because
it
expired
on
May
31,
2001.
19.
Glyphosate.
Time­
limited
tolerances
for
kidney
of
cattle,
goats,

[[
Page
35047]]

horses,
and
sheep;
chickpeas;
lentils;
pea
hay;
pea
vines;
dry
peas
and
silage
hay
are
being
removed
from
40
CFR
180.364
because
they
expired
on
February
29,
2000.
20.
Imidacloprid.
Time­
limited
tolerances
for
citrus
fruits
crop
group;
dried
citrus
pulp;
field
corn
forage;
field
corn
stover
(
fodder);
field
corn
grain;
sweet
corn
fodder;
sweet
corn
forage;
sweet
corn
grain
and
cucurbits
vegetable
are
being
removed
from
40
CFR
180.472
because
permanent
tolerances
for
the
same
pesticide
chemical
and
commodities
have
been
established.
21.
Lambda­
cyhalothrin.
Time­
limited
tolerances
for
canola
seed
and
flax
seed
are
being
removed
from
40
CFR
180.438
because
they
expired
on
December
31,
2000.
22.
Maleic
hydrazide.
Time­
limited
tolerances
for
fat,
liver,
kidney,
and
meat
of
cattle,
goats,
hogs,
horses,
poultry,
and
sheep;
eggs;
milk;
rice
bran;
rice
grain;
rice
hulls;
and
rice
straw
are
being
removed
from
40
CFR
180.175
because
they
expired
on
September
30,
2000.
23.
Mefenoxam.
The
time­
limited
tolerance
for
canola
is
being
removed
from
40
CFR
180.546
because
it
expired
on
December
31,
2001.
24.
Myclobutanil.
Time­
limited
tolerances
for
asparagus;
caneberries;
cucurbit
vegetables;
peppermint;
spearmint;
strawberries;
tomato
fruit;
tomato
paste;
and
tomato
puree
are
being
removed
from
40
CFR
180.443
because
they
expired
on
or
before
December
31,
2000.
25.
Oxyfluorfen.
The
time­
limited
tolerance
for
strawberries
is
being
removed
from
40
CFR
180.381
because
it
expired
on
April
15,
2001.
26.
Paraquat.
The
time­
limited
tolerance
for
artichokes
is
being
removed
from
40
CFR
180.205
because
a
permanent
tolerance
for
the
same
pesticide
chemical
and
commodity
has
been
established.
Time­
limited
tolerances
for
mustard
seed;
poultry
meat
by­
products;
aspirated
grain
fractions
of
sorghum;
sorghum
forage;
sorghum
grain;
and
sorghum
stover
are
being
removed
from
40
CFR
180.205
because
they
expired
on
or
before
November
15,
1998.
27.
Primisulfuron­
methyl.
The
time­
limited
tolerance
for
bluegrass
hay
is
being
removed
from
40
CFR
180.452
because
it
expired
on
April
30,
2000.
28.
Propamocarb
hydrochloride.
Time­
limited
tolerances
for
potatoes;
fat,
meat,
meat
by­
product
of
cattle,
goats,
hogs,
horse
and
sheep;
milk
are
being
removed
from
40
CFR
180.499
because
they
expired
on
September
15,
2000.
29.
Propiconazole.
Time­
limited
tolerances
for
almond
hull
and
almond
nut
meat
are
being
removed
from
40
CFR
180.434
because
they
expired
on
July
31,
2000.
30.
Propyzamide.
Time­
limited
tolerances
for
grass
forage
and
grass
hay
are
being
removed
from
40
CFR
180.317
because
they
expired
on
December
31,
2001.
31.
Pyridate.
Time­
limited
tolerances
for
peppermint
tops
(
leaves
and
stems)
and
spearmint
tops
(
leaves
and
stems)
are
being
removed
from
40
CFR
180.462
because
they
expired
on
December
31,
2001.
32.
Pyriproxyfen.
Time­
limited
tolerances
for
almond
hulls,
almond
nutmeats,
citrus
fruit,
citrus
juice,
citrus
oil,
dried
citrus
pulp,
pears,
and
tomatoes
are
being
removed
from
40
CFR
180.510
because
permanent
tolerances
for
the
same
pesticide
chemical
and
commodities
have
been
established.
33.
Quinclorac.
Time­
limited
tolerances
for
fat
and
meat
byproducts
of
cattle,
goats,
hogs,
horses,
and
sheep;
poultry
fat;
sorghum
grain
fodder
(
stover);
sorghum
grain
forage;
sorghum
grain;
aspirated
grain
fractions
of
wheat;
wheat
forage;
wheat
grain;
milled
wheat
fractions;
and
wheat
straw
are
being
removed
from
40
CFR
180.463
because
they
expired
on
May
30,
2000.
34.
Sethoxydim.
Time­
limited
tolerances
for
buckwheat
and
horseradish
are
being
removed
from
40
CFR
180.412
because
they
expired
on
or
before
December
31,
2001.
35.
Sodium
Salt
of
Acifluorfen.
Time­
limited
tolerances
for
cowpeas,
lima
beans,
and
Southern
peas
are
being
removed
from
40
CFR
180.383
because
they
expired
on
December
31,
1998.
36.
Sodium
Salt
of
Fomesafen.
Time­
limited
tolerances
for
snap
beans
and
dry
beans
are
being
removed
from
40
CFR
180.433
because
they
expired
on
or
before
October
31,
1998.
37.
Tebuconazole.
Time­
limited
tolerances
for
pistachios;
milk
and
meat
byproducts
of
cattle,
goats,
hogs,
horses,
poultry
and
sheep
are
being
removed
from
40
CFR
180.474
because
they
expired
on
December
30,
2000.
38.
Tebufenozide.
Time­
limited
tolerances
for
apple
pomace;
apples;
fat,
kidney,
liver,
meat
byproducts
and
meat
of
cattle,
goats,
hogs,
and
sheep;
horse
meat;
cotton
gin
byproducts;
cottonseed
hulls;
cottonseed
meal;
cottonseed
oil;
undelinted
cottonseed;
cranberries;
leafy
vegetable
(
Cole­
brassica);
leafy
vegetables
(
non­
brassica);
milk;
pears;
pecans;
peppers;
rice
bran;
rice
grain;
rice
hulls;
rice
straw;
soybeans;
sugar
beet
tops;
sugar
beet
roots;
dried
sugar
beet
pulp;
sugar
beet
molasses;
sugar
beet
refined
sugar;
sugarcane;
sugarcane
molasses;
and
turnip
tops
are
being
removed
from
40
CFR
180.482
because
they
expired
on
or
before
December
31,
2001.
39.
Thiamethoxam.
Time­
limited
tolerances
for
meat
and
meat
byproducts
of
cattle,
goat,
horse,
and
sheep;
undelinted
cotton
seed;
cotton
gin
byproducts;
and
milk
are
being
removed
from
40
CFR
180.565
because
permanent
tolerances
for
the
same
pesticide
chemical
and
commodities
have
been
established.
40.
Triadimefon.
Time­
limited
tolerances
for
artichokes,
asparagus,
and
chili
peppers
are
being
removed
from
40
CFR
180.410
because
they
expired
on
or
before
September
1,
1999.
41.
Triclopyr.
Time­
limited
tolerances
for
fish
and
shellfish
are
being
removed
from
40
CFR
180.417
because
they
expired
on
or
before
June
30,
2000.

IV.
Regulatory
Assessment
Requirements
This
final
rule
removes
obsolete
or
unnecessary
time­
limited
tolerances
that
were
previously
established
under
FFDCA
section
408.
The
Office
of
Management
and
Budget
(
OMB)
has
exempted
tolerance
actions
like
this
revocation
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,
this
rule
is
not
subject
to
Executive
Order
13045,
entitled
Protection
of
Children
from
Environmental
Health
Risks
and
Safety
Risks
(
62
FR
19885,
April
23,
1997),
or
Executive
Order
13211,
entitled
Actions
Concerning
Regulations
That
Significantly
Affect
Energy
Supply,
Distribution,
or
Use
(
66
FR
28355,
May
22,
2001).
Because
the
agency
has
made
a
good
cause
finding
that
this
action
is
not
subject
to
notice­
and­
comment
requirements
under
the
Administrative
Procedure
Act
or
any
other
statute
(
see
discussion
in
Unit
II.
B.
of
this
preamble),
it
is
not
subject
to
the
regulatory
flexibility
provisions
of
the
Regulatory
Flexibility
Act
(
RFA)(
5
U.
S.
C.
601
et
seq.),
or
to
sections
202
and
205
of
the
Unfunded
Mandates
Reform
Act
of
1995
(
UMRA)(
Public
Law
104­
4).
In
addition,
this
action
does
not
significantly
or
uniquely
affect
small
governments
or
impose
a
significant
intergovernmental
mandate,
as
described
in
sections
203
and
204
of
UMRA.
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).
This
action
will
not
have
substantial
direct
effects
[[
Page
35048]]

on
State
or
tribal
governments,
on
the
relationship
between
the
Federal
government
and
States
or
Indian
tribes,
or
on
the
distribution
of
power
and
responsibilities
between
the
Federal
government
and
States
or
Indian
tribes.
As
a
result,
this
action
does
not
require
any
action
under
Executive
Order
13132,
entitled
Federalism
(
64
FR
43255,
August
10,
1999),
or
under
Executive
Order
13175,
entitled
Consultation
and
Coordination
with
Indian
Tribal
Governments
(
65
FR
67249,
November
6,
2000).
Nor
does
it
require
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
Executive
Order
12630,
entitled
Governmental
Actions
and
Interference
with
Constitutionally
Protected
Property
Rights
(
53
FR
8859,
March
15,
1988).
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
does
not
impose
an
information
collection
burden
under
the
provisions
of
the
Paperwork
Reduction
Act
(
PRA)(
44
U.
S.
C.
3501
et
seq.).
In
issuing
this
rule,
EPA
has
taken
the
necessary
steps
to
eliminate
drafting
errors
and
ambiguity,
minimize
potential
litigation,
and
provide
a
clear
legal
standard
for
affected
conduct,
as
required
by
section
3
of
Executive
Order
12988
(
61
FR
4729,
February
7,
1996).

V.
Submission
to
Congress
and
the
Comptroller
General
The
Congressional
Review
Act,
5
U.
S.
C.
801
et
seq.,
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.
Section
808
allows
the
issuing
agency
to
make
a
rule
effective
sooner
than
otherwise
provided
by
the
CRA
if
the
agency
makes
a
good
cause
finding
that
notice
and
public
procedure
is
impracticable,
unnecessary
or
contrary
to
the
public
interest.
This
determination
must
be
supported
by
a
brief
statement.
5
U.
S.
C.
808(
2).
As
stated
in
Unit
II.
B.
of
this
preamble,
EPA
has
made
such
a
good
cause
finding
for
this
rule,
including
the
reasons
therefor,
and
established
an
effective
date
of
May
17,
2002.
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:
April
26,
2002.
Donald
R.
Stubbs,
Acting
Director,
Registration
Division,
Office
of
Pesticide
Programs.

Therefore,
40
CFR
chapter
I
is
amended
as
follows:

PART
180&
mdash;[
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.
180.175
[
Amended]

2.
In
Sec.
180.175,
the
text
of
paragraph
(
b)
following
the
paragraph
heading
is
removed
and
reserved.

Sec.
180.200
[
Amended]

3.
In
Sec.
180.200,
the
text
of
paragraph
(
b)
following
the
paragraph
heading
is
removed
and
reserved.

Sec.
180.205
[
Amended]

4.
In
Sec.
180.205,
the
text
of
paragraph
(
b)
following
the
paragraph
heading
is
removed
and
reserved.

Sec.
180.293
[
Amended]

5.
In
Sec.
180.293,
the
text
of
paragraph
(
b)
following
the
paragraph
heading
is
removed
and
reserved.

Sec.
180.317
[
Amended]

6.
In
Sec.
180.317,
in
the
table
in
paragraph
(
b),
remove
the
entries
grass,
forage
and
grass,
hay.

Sec.
180.355
[
Amended]

7.
In
Sec.
180.355,
the
text
of
paragraph
(
b)
following
the
paragraph
heading
is
removed
and
reserved.

Sec.
180.364
[
Amended]
8.
In
Sec.
180.364,
the
text
of
paragraph
(
b)
following
the
paragraph
heading
is
removed
and
reserved.

Sec.
180.377
[
Amended]

9.
In
Sec.
180.377,
the
text
of
paragraph
(
b)
following
the
paragraph
heading
is
removed
and
reserved.

Sec.
180.381
[
Amended]

10.
In
Sec.
180.381,
the
text
of
paragraph
(
b)
following
the
paragraph
heading
is
removed
and
reserved.

Sec.
180.383
[
Amended]

11.
In
Sec.
180.383,
the
text
of
paragraph
(
b)
following
the
paragraph
heading
is
removed
and
reserved.

Sec.
180.410
[
Amended]

12.
In
Sec.
180.410,
the
text
of
paragraph
(
b)
following
the
paragraph
heading
is
removed
and
reserved.

Sec.
180.412
[
Amended]

13.
In
Sec.
180.412,
in
the
table
in
paragraph
(
b),
remove
the
entries
buckwheat
and
horseradish.

Sec.
180.417
[
Amended]

14.
In
Sec.
180.417,
the
text
of
paragraph
(
b)
following
the
paragraph
heading
is
removed
and
reserved.

Sec.
180.421
[
Amended]

15.
In
Sec.
180.421,
the
text
of
paragraph
(
b)
following
the
paragraph
heading
is
removed
and
reserved.

Sec.
180.425
[
Amended]

16.
In
Sec.
180.425,
the
text
of
paragraph
(
b)
following
the
paragraph
heading
is
removed
and
reserved.

Sec.
180.433
[
Amended]
17.
In
Sec.
180.433,
the
text
of
paragraph
(
b)
following
the
paragraph
heading
is
removed
and
reserved.

Sec.
180.434
[
Amended]

18.
In
Sec.
180.434,
in
the
table
in
paragraph
(
b),
remove
the
entries
for
"
Almond
hull"
and
"
Almond
nut
meat".

Sec.
180.438
[
Amended]

19.
In
Sec.
180.438,
in
the
table
in
paragraph
(
b),
remove
the
entries
for
"
Canola,
seed"
and
"
Flax,
seed".
20.
In
Sec.
180.442,
the
table
in
paragraph
(
b)
is
revised
to
read
as
follows:

Sec.
180.442
Bifenthrin;
tolerances
for
residues.

*
*
*
*
*
(
b)
*
*
*

­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­
Expiration/
Commodity
Parts
per
revocation
million
date
­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­
Citrus.....................................
0.05
12/
31/
02
Citrus,
dried
pulp.........................
0.3
12/
31/
02
Citrus,
oil................................
0.3
12/
31/
02
Peanut.....................................
0.05
12/
31/
03
Potato.....................................
0.05
12/
31/
02
­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­

*
*
*
*
*

[[
Page
35049]]

21.
In
Sec.
180.443,
the
table
in
paragraph
(
b)
is
revised
to
read
as
follows:

Sec.
180.443
Myclobutanil;
tolerances
for
residues.

*
*
*
*
*
(
b)
*
*
*
­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­
Expiration/
Commodity
Parts
per
revocation
million
date
­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­
Artichoke,
globe...........................
1.0
6/
30/
03
Beet,
sugar,
dried
pulp....................
1.0
12/
31/
02
Beet,
sugar,
molasses......................
1.0
12/
31/
02
Beet,
sugar,
refined
sugar.................
0.70
12/
31/
02
Beet,
sugar,
roots.........................
0.05
12/
31/
02
Beet,
sugar,
tops..........................
1.0
12/
31/
02
Hop,
dried
cones...........................
5.0
12/
31/
03
Pepper.....................................
1.0
6/
30/
03
­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­

*
*
*
*
*

Sec.
180.449
[
Amended]

22.
In
Sec.
180.449,
in
the
table
in
paragraph
(
b),
remove
the
entry
for
"
Celeriac".

Sec.
180.452
[
Amended]

23.
In
Sec.
180.452,
the
text
of
paragraph
(
b)
following
the
paragraph
heading
is
removed
and
reserved.

Sec.
180.462
[
Amended]

24.
In
Sec.
180.462,
the
text
of
paragraph
(
b)
following
the
paragraph
heading
is
removed
and
reserved.

Sec.
180.463
[
Amended]

25.
In
Sec.
180.463,
the
text
of
paragraph
(
b)
following
the
paragraph
heading
is
removed
and
reserved.
26.
In
Sec.
180.466,
the
table
in
paragraph
(
b)
is
revised
to
read
as
follows:

Sec.
180.466
Fenpropathrin;
tolerances
for
residues.

*
*
*
*
*
(
b)
*
*
*

­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­
Expiration/
Commodity
Parts
per
revocation
million
date
­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­
Currant.......................................
15
12/
31/
03
­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­

*
*
*
*
*
27.
In
Sec.
180.472,
the
table
in
paragraph
(
b)
is
revised
to
read
as
follows:

Sec.
180.472
Imidacloprid;
tolerances
for
residues.

*
*
*
*
*
(
b)
*
*
*

­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­
Expiration/
Commodity
Parts
per
revocation
million
date
­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­
Almond.....................................
0.05
12/
31/
03
Almond,
hulls..............................
4.0
12/
31/
03
Blueberry..................................
1.0
12/
31/
03
Cranberry..................................
0.5
12/
31/
03
Plum,
prune................................
10.0
12/
31/
03
Stone
fruit................................
3.0
12/
31/
03
Strawberry.................................
0.1
6/
30/
02
Vegetable,
legume..........................
1.0
6/
30/
02
­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­

*
*
*
*
*

Sec.
180.474
[
Amended]

28.
In
Sec.
180.474,
in
the
table
in
paragraph
(
b)(
1),
remove
the
entry
for
"
Pistachios",
remove
paragraph
(
b)(
1)
paragraph
heading,
redesignate
paragraph
(
b)(
1)
as
paragraph
(
b),
and
remove
paragraph
(
b)(
2).
29.
In
Sec.
180.482,
the
table
in
paragraph
(
b)
is
revised
to
read
as
follows:

Sec.
180.482
Tebufenozide;
tolerances
for
residues.

*
*
*
*
*
(
b)
*
*
*

­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­
Expiration/
Commodity
Parts
per
revocation
million
date
­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­
Beet,
garden,
roots........................
0.3
12/
31/
02
Beet,
garden,
tops.........................
9.0
12/
31/
02
Egg........................................
0.01
6/
30/
03
Grape......................................
3.0
12/
31/
03
Grass,
forage..............................
5
6/
30/
03
Grass,
hay.................................
18
6/
30/
03
Longan.....................................
1.0
12/
31/
03
Lychee.....................................
1.0
12/
31/
03
Peanut.....................................
0.05
6/
30/
03
Peanut,
hay................................
5
6/
30/
03
Peanut,
meal...............................
0.15
6/
30/
03
Peanut,
refined
oil........................
0.15
6/
30/
03
Poultry,
fat...............................
0.1
6/
30/
03
Poultry,
meat..............................
0.01
6/
30/
03
Poultry,
meat
byproducts...................
0.05
6/
30/
03
Sunflower,
seed............................
1.5
12/
31/
02
Sweet
potato,
roots........................
0.25
12/
31/
02
Vegetable,
foliage
of
legume,
group........
7.0
12/
31/
02
Vegetable,
legume,
group...................
2.0
12/
31/
02
­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­

*
*
*
*
*

Sec.
180.493
[
Amended]

30.
In
Sec.
180.493,
in
the
table
to
paragraph
(
b),
remove
the
entries
for
"
Potatoes",
"
Tomatoes",
"
Tomato
paste",
and
"
Tomato
puree".
31.
In
Sec.
180.499,
the
table
in
paragraph
(
b)
is
revised
to
read
as
follows:

Sec.
180.499
Propamocarb
hydrochloride;
tolerances
for
residues.

*
*
*
*
*
(
b)
*
*
*

­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­
Parts
per
Expiration/
Commodity
million
revocation
date
­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­
Tomato..................................
2.0
12/
31/
03
Tomato,
paste...........................
5.0
12/
31/
03
­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­

*
*
*
*
*

Sec.
180.503
[
Amended]

32.
In
Sec.
180.503,
in
the
table
in
paragraph
(
b),
remove
the
entry
for
"
Tomatoes."

Sec.
180.504
[
Removed
and
Reserved]

33.
Section
180.504,
is
removed
and
reserved.
34.
In
Sec.
180.507,
the
table
in
paragraph
(
b)
is
revised
to
read
as
follows:

Sec.
180.507
Azoxystrobin;
tolerances
for
residues.

*
*
*
*
*
(
b)
*
*
*

­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­
Expiration/
Commodity
Parts
per
revocation
million
date
­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­
Brassica,
head
and
Stem,
subgroup..........
30
12/
31/
03
Chickpea,
seed.............................
0.5
12/
31/
03
Lychee.....................................
3.0
12/
31/
03
Pepper.....................................
2.0
12/
31/
03
­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­

*
*
*
*
*
35.
In
Sec.
180.510,
the
table
in
paragraph
(
b)
is
revised
to
read
as
follows:

Sec.
180.510
Pyriproxyfen;
tolerances
for
residues.

*
*
*
*
*
(
b)*
*
*
­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­
Expiration/
Commodity
Parts
per
revocation
million
date
­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­
Bean,
succulent............................
0.10
6/
30/
03
Stone
fruits
(
Crop
Group
12)...............
0.1
12/
31/
02
­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­

*
*
*
*
*

Sec.
180.513
[
Removed
and
Reserved]

36.
Section
180.513,
is
removed
and
reserved.

[[
Page
35050]]

Sec.
180.515
[
Amended]

37.
In
Sec.
180.515,
in
the
table
in
paragraph
(
b),
remove
the
entries
for
"
Rice,
grain"
and
"
Rice,
straw".

Sec.
180.516
[
Amended]

38.
In
Sec.
180.516,
in
the
table
in
paragraph
(
b),
remove
the
entry
"
Strawberry".

Sec.
180.532
[
Amended]

39.
In
Sec.
180.532,
in
the
table
to
paragraph
(
b),
remove
the
entry
"
Strawberries".

Sec.
180.546
[
Amended]

40.
In
Sec.
180.546,
the
text
of
paragraph
(
b)
following
the
paragraph
heading
is
removed
and
reserved.

Sec.
180.563
[
Amended]

41.
In
Sec.
180.563,
the
text
of
paragraph
(
b)
following
the
paragraph
heading
is
removed
and
reserved.

Sec.
180.565
[
Amended]
42.
In
Sec.
180.565,
the
text
of
paragraph
(
b)
following
the
paragraph
heading
is
removed
and
reserved.
[
FR
Doc.
02­
11742
Filed
5­
16­
02;
8:
45
am]
BILLING
CODE
6560­
50­
S
