2242
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Register
/
Vol.
68,
No.
11
/
Thursday,
January
16,
2003
/
Rules
and
Regulations
EPA
approved
State
plan
means
a
State
plan
that
EPA
has
approved
based
on
the
requirements
in
40
CFR
part
60,
subpart
B
to
implement
and
enforce
40
CFR
part
60,
subpart
Cc.
An
approved
State
plan
becomes
effective
on
the
date
specified
in
the
notice
published
in
the
Federal
Register
announcing
EPA's
approval.
Federal
plan
means
the
EPA
plan
to
implement
40
CFR
part
60,
subpart
Cc
for
existing
MSW
landfills
located
in
States
and
Indian
country
where
State
plans
or
tribal
plans
are
not
currently
in
effect.
On
the
effective
date
of
an
EPA
approved
State
or
tribal
plan,
the
Federal
plan
no
longer
applies.
The
Federal
plan
is
found
at
40
CFR
part
62,
subpart
GGG.
Municipal
solid
waste
landfill
or
MSW
landfill
means
an
entire
disposal
facility
in
a
contiguous
geographical
space
where
household
waste
is
placed
in
or
on
land.
A
municipal
solid
waste
landfill
may
also
receive
other
types
of
RCRA
Subtitle
D
wastes
(
see
§
257.2
of
this
chapter)
such
as
commercial
solid
waste,
nonhazardous
sludge,
conditionally
exempt
small
quantity
generator
waste,
and
industrial
solid
waste.
Portions
of
a
municipal
solid
waste
landfill
may
be
separated
by
access
roads.
A
municipal
solid
waste
landfill
may
be
publicly
or
privately
owned.
A
municipal
solid
waste
landfill
may
be
a
new
municipal
solid
waste
landfill,
an
existing
municipal
solid
waste
landfill,
or
a
lateral
expansion.
Tribal
plan
means
a
plan
submitted
by
a
tribal
authority
pursuant
to
40
CFR
parts
9,
35,
49,
50,
and
81
to
implement
and
enforce
40
CFR
part
60,
subpart
Cc.
Work
practice
standard
means
any
design,
equipment,
work
practice,
or
operational
standard,
or
combination
thereof,
that
is
promulgated
pursuant
to
section
112(
h)
of
the
Clean
Air
Act.
As
stated
in
§
§
63.1955
and
63.1980,
you
must
meet
each
requirement
in
the
following
table
that
applies
to
you.

TABLE
1
OF
SUBPART
AAAA
OF
PART
63.
 
APPLICABILITY
OF
NESHAP
GENERAL
PROVISIONS
TO
SUBPART
AAAA
Part
63
Citation
Description
Explanation
63.1(
a)
..................................
Applicability:
general
applicability
of
NESHAP
in
this
part.
Affected
sources
are
already
subject
to
the
provisions
of
paragraphs
(
a)(
10)
 
(
12)
through
the
same
provisions
under
40
CFR,
part
60
subpart
A.
63.1(
b)
..................................
Applicability
determination
for
stationary
sources.
63.1(
e)
..................................
Title
V
permitting.
63.2
......................................
Definitions.
63.4
......................................
Prohibited
activities
and
circumvention
...........................
Affected
sources
are
already
subject
to
the
provisions
of
paragraph
(
b)
through
the
same
provisions
under
40
CFR,
part
60
subpart
A.
63.5(
b)
..................................
Requirements
for
existing,
newly
constructed,
and
reconstructed
sources.
63.6(
e)
..................................
Operation
and
maintenance
requirements,
startup,
shutdown
and
malfunction
plan
provisions.
63.6(
f)
...................................
Compliance
with
nonopacity
emission
standards
...........
Affected
sources
are
already
subject
to
the
provisions
of
paragraphs
(
f)(
1)
and
(
2)(
i)
through
the
same
provisions
under
40
CFR,
part
60
subpart
A.
63.10(
b)(
2)(
i)
 
(
b)(
2)(
v)
.........
General
recordkeeping
requirements.
63.10(
d)(
5)
...........................
If
actions
taken
during
a
startup,
shutdown
and
malfunction
plan
are
consistent
with
the
procedures
in
the
startup,
shutdown
and
malfunction
plan,
this
information
shall
be
included
in
a
semi­
annual
startup,
shutdown
and
malfunction
plan
report.
Any
time
an
action
taken
during
a
startup,
shutdown
and
malfunction
plan
is
not
consistent
with
the
startup,
shutdown
and
malfunction
plan,
the
source
shall
report
actions
taken
within
2
working
days
after
commencing
such
actions,
followed
by
a
letter
7
days
after
the
event.
63.12(
a)
................................
These
provisions
do
not
preclude
the
State
from
adopting
and
enforcing
any
standard,
limitation,
etc.,
requiring
permits,
or
requiring
emissions
reductions
in
excess
of
those
specified.
63.15
....................................
Availability
of
information
and
confidentiality.

[
FR
Doc.
03
 
88
Filed
1
 
15
 
03;
8:
45
am]

BILLING
CODE
6560
 
50
 
P
ENVIRONMENTAL
PROTECTION
AGENCY
40
CFR
Part
180
[
OPP
 
2002
 
0336;
FRL
 
7284
 
8]

Extension
of
Tolerances
for
Emergency
Exemptions
(
Multiple
Chemicals)

AGENCY:
Environmental
Protection
Agency
(
EPA).

ACTION:
Final
rule.
SUMMARY:
This
regulation
extends
timelimited
tolerances
for
the
pesticides
listed
in
Unit
II.
of
the
SUPPLEMENTARY
INFORMATION.
These
actions
are
in
response
to
EPA's
granting
of
emergency
exemptions
under
section
18
of
the
Federal
Insecticide,
Fungicide,
and
Rodenticide
Act
(
FIFRA)
authorizing
use
of
these
pesticides.
Section
408(
l)(
6)
of
the
Federal
Food,
Drug,
and
Cosmetic
Act
(
FFDCA)
requires
EPA
to
establish
a
time­
limited
tolerance
or
exemption
from
the
requirement
for
a
tolerance
for
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11
/
Thursday,
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16,
2003
/
Rules
and
Regulations
pesticide
chemical
residues
in
food
that
will
result
from
the
use
of
a
pesticide
under
an
emergency
exemption
granted
by
EPA.
DATES:
This
regulation
is
effective
January
16,
2003.
Objections
and
requests
for
hearings,
identified
by
docket
ID
number
OPP
 
2002
 
0336,
must
be
received
by
EPA
on
or
before
February
18,
2003.
ADDRESSES:
Written
objections
and
hearing
requests
may
be
submitted
electronically,
by
mail,
or
through
hand
delivery/
courier.
Follow
the
detailed
instructions
as
provided
in
Unit
I.
of
the
SUPPLEMENTARY
INFORMATION.
FOR
FURTHER
INFORMATION
CONTACT:
See
the
table
in
this
unit
for
the
name
of
a
specific
contact
person.
The
following
information
applies
to
all
contact
persons:
Emergency
Response
Team,
Registration
Division
(
7505C),
Office
of
Pesticide
Programs,
Environmental
Protection
Agency,
1200
Pennsylvania
Ave.,
NW.,
Washington,
DC
20460
 
0001;
e­
mail
address:
Sec­
18­
Mailbox@
epamail.
epa.
gov.

Pesticide/
CFR
cite
Contact
person
Sodium
chlorate;
180.1020
Zinc
phosphide;
180.284
Libby
Pemberton
(
703)
308
 
9364
Fenhexamid;
180.553
N­(
4­
fluorophenyl)­
N­(
1­
methylethyl)­
2­
[[
5­
(
trifluoromethyl)­
1,3,4­
thiadiazol­
2­
yl]
oxy]
acetamide;
180.527
Barbara
Madden
(
703)
305
 
6463
Bifenthrin;
180.442
Andrea
Conrath
(
703)
308
 
9356
Tebufenozide;
180.482
Lambdacyhalothrin
180.438
Sulfentrazone;
180.498
Spinosad;
180.495
2,4­
D;
180.142
Andrew
Ertman
(
703)
308
 
9367
Mancozeb;
180.176
Dan
Rosenblatt
(
703)
308
 
9366
SUPPLEMENTARY
INFORMATION:

I.
General
Information
A.
Does
this
Action
Apply
to
Me?
You
may
be
potentially
affected
by
this
action
if
you
are
a
federal
or
state
government
agency
involved
in
administration
of
environmental
quality
programs.
Potentially
affected
entities
may
include,
but
are
not
limited
to:
Federal
or
State
Government
Entity,
(
NAICS
9241),
i.
e.,
Department
of
Agriculture,
Environment,
etc.
This
listing
is
not
intended
to
be
exhaustive,
but
rather
provides
a
guide
for
readers
regarding
entities
likely
to
be
affected
by
this
action.
Other
types
of
entities
not
listed
in
this
unit
could
also
be
affected.
The
North
American
Industrial
Classification
System
(
NAICS)
codes
have
been
provided
to
assist
you
and
others
in
determining
whether
this
action
might
apply
to
certain
entities.
If
you
have
any
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
Copies
of
this
Document
and
Other
Related
Information?
1.
Docket.
EPA
has
established
an
official
public
docket
for
this
action
under
docket
identification
(
ID)
number
OPP
 
2002
 
0336.
The
official
public
docket
consists
of
the
documents
specifically
referenced
in
this
action,
any
public
comments
received,
and
other
information
related
to
this
action.
Although
a
part
of
the
official
docket,
the
public
docket
does
not
include
Confidential
Business
Information
(
CBI)
or
other
information
whose
disclosure
is
restricted
by
statute.
The
official
public
docket
is
the
collection
of
materials
that
is
available
for
public
viewing
at
the
Public
Information
and
Records
Integrity
Branch
(
PIRIB),
Rm.
119,
Crystal
Mall
#
2,
1921
Jefferson
Davis
Hwy.,
Arlington,
VA.
This
docket
facility
is
open
from
8:
30
a.
m.
to
4
p.
m.,
Monday
through
Friday,
excluding
legal
holidays.
The
docket
telephone
number
is
(
703)
305
 
5805.
2.
Electronic
access.
You
may
access
this
Federal
Register
document
electronically
through
the
EPA
Internet
under
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.
An
electronic
version
of
the
public
docket
is
available
through
EPA's
electronic
public
docket
and
comment
system,
EPA
Dockets.
You
may
use
EPA
Dockets
at
http://
www.
epa.
gov/
edocket/
to
submit
or
view
public
comments,
access
the
index
listing
of
the
contents
of
the
official
public
docket,
and
to
access
those
documents
in
the
public
docket
that
are
available
electronically.
Although
not
all
docket
materials
may
be
available
electronically,
you
may
still
access
any
of
the
publicly
available
docket
materials
through
the
docket
facility
identified
in
Unit
I.
B.
1.
Once
in
the
system,
select
``
search,''
then
key
in
the
appropriate
docket
ID
number.

II.
Background
and
Statutory
Findings
EPA
published
final
rules
in
the
Federal
Register
for
each
chemical/
commodity
listed.
The
initial
issuance
of
these
final
rules
announced
that
EPA,
on
its
own
initiative,
under
section
408
of
the
FFDCA,
21
U.
S.
C.
346a,
as
amended
by
the
Food
Quality
Protection
Act
of
1996
(
FQPA)
(
Public
Law
104
 
170)
was
establishing
time­
limited
tolerances.
EPA
established
the
tolerances
because
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
FIFRA
section
18
.
Such
tolerances
can
be
established
without
providing
notice
or
time
for
public
comment.
EPA
received
requests
to
extend
the
use
of
these
chemicals
for
this
year's
growing
season.
After
having
reviewed
these
submissions,
EPA
concurs
that
emergency
conditions
exist.
EPA
assessed
the
potential
risks
presented
by
residues
for
each
chemical/
commodity.
In
doing
so,
EPA
considered
the
safety
standard
in
section
408(
b)(
2)
of
FFDCA,
and
decided
that
the
necessary
tolerance
under
section
408(
l)(
6)
of
FFDCA
would
be
consistent
with
the
safety
standard
and
with
FIFRA
section
18.
The
data
and
other
relevant
material
have
been
evaluated
and
discussed
in
the
final
rule
originally
published
to
support
these
uses.
Based
on
that
data
and
information
considered,
the
Agency
reaffirms
that
extension
of
these
timelimited
tolerances
will
continue
to
meet
the
requirements
of
section
408(
l)(
6)
of
FFDCA.
Therefore,
the
time­
limited
tolerances
are
extended
until
the
date
listed.
EPA
will
publish
a
document
in
the
Federal
Register
to
remove
the
revoked
tolerances
from
the
Code
of
Federal
Regulations
(
CFR).
Although
these
tolerances
will
expire
and
are
revoked
on
the
date
listed,
under
section
408(
l)(
5)
of
FFDCA,
residues
of
the
pesticide
not
in
excess
of
the
amounts
specified
in
the
tolerance
remaining
in
or
on
the
commodity
after
that
date
will
not
be
unlawful,
provided
the
residue
is
present
as
a
result
of
an
application
or
use
of
a
pesticide
at
a
time
and
in
a
manner
that
was
lawful
under
FIFRA,
the
tolerance
was
in
place
at
the
time
of
the
application,
and
the
residue
does
not
exceed
the
level
that
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/
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16,
2003
/
Rules
and
Regulations
was
authorized
by
the
tolerance.
EPA
will
take
action
to
revoke
these
tolerances
earlier
if
any
experience
with,
scientific
data
on,
or
other
relevant
information
on
this
pesticide
indicate
that
the
residues
are
not
safe.
Tolerances
for
the
use
of
the
following
pesticide
chemicals
on
specific
commodities
are
being
extended:
1.
2,4­
D.
EPA
has
authorized
under
FIFRA
section
18
the
use
of
2,4­
D
on
wild
rice
for
control
of
water
plantain
in
Minnesota.
This
regulation
extends
time­
limited
tolerances
for
residues
of
the
herbicide
2,4­
dichlorophenoxyacetic
acid
and
its
metabolites
in
or
on
wild
rice
at
0.1
parts
per
million
(
ppm)
for
an
additional
3
 
year
period.
This
tolerance
will
expire
and
is
revoked
on
December
31,
2005.
A
time­
limited
tolerance
was
originally
published
in
the
Federal
Register
of
September
5,
1997
(
62
FR
46900)
(
FRL
 
5738
 
9).
2.
Bifenthrin.
EPA
has
authorized
under
FIFRA
section
18
the
use
of
bifenthrin
on
citrus
for
control
of
weevils
in
Texas
and
Florida.
This
regulation
extends
time­
limited
tolerances
for
residues
of
the
insecticide
bifenthrin
in
or
on
citrus,
dried
pulp
and
citrus,
oil
at
0.3
parts
per
million
(
ppm)
for
an
additional
2
 
year
period.
This
tolerance
will
expire
and
is
revoked
on
December
31,
2004.
A
timelimited
tolerance
was
originally
published
in
the
Federal
Register
of
December
16,
1998
(
63
FR
69200)
(
FRL
 
6048
 
1).
3.
N­(
4­
fluorophenyl)­
N­(
1­
methylethyl)­
2­[[
5­(
trifluoromethyl)­
1,3,4­
thiadiazol­
2­
yl]
oxy]
acetamide.
EPA
has
authorized
under
FIFRA
section
18
the
use
of
N­(
4­
fluorophenyl)­
N­(
1­
methylethyl)­
2­[[
5­
(
trifluoromethyl)­
1,3,4­
thiadiazol­
2­
yl]
oxy]
acetamide
on
wheat
and
triticale
for
control
of
ryegrass
in
Idaho,
Oregon,
and
Washington.
This
regulation
extends
a
time­
limited
tolerance
for
combined
residues
of
the
herbicide
N­
(
4­
fluorophenyl)­
N­(
1­
methylethyl)­
2­
[[
5­(
trifluoromethyl)­
1,3,4­
thiadiazol­
2­
yl]
oxy]
acetamide
and
its
metabolites
containing
the
4­
fluoro­
N­
methylethyl
benzenamine
moiety
in
or
on
wheat
grain
at
1
ppm,
wheat
forage
at
10
ppm,
wheat
hay
at
2
ppm,
wheat
straw
at
0.5
ppm,
meat
and
fat
of
cattle,
goats,
horses,
hogs,
and
sheep
at
0.05
ppm,
meat
byproducts
(
other
than
kidney)
of
cattle,
goats,
horses,
hogs,
and
sheep
at
0.10
ppm
and
kidney
of
cattle,
goats,
horses,
hogs,
and
sheep
at
0.50
ppm
for
an
additional
1
 
year,
11
months.
These
tolerances
will
expire
and
are
revoked
on
June
30,
2005.
Time­
limited
tolerances
were
originally
published
in
the
Federal
Register
of
August
6,
1999
(
64
FR
42839)
(
FRL
 
6091
 
9).
4.
Fenhexamid.
EPA
has
authorized
under
FIFRA
section
18
the
use
of
fenhexamid
on
pears
for
control
of
gray
mold
in
California.
This
regulation
extends
a
time­
limited
tolerance
for
residues
of
the
fungicide
fenhexamid,
(
N­
2,3­
dichloro­
4­
hydroxyphenyl)­
1­
methyl
cyclohexanecarboxamide
in
or
on
pears
at
15
ppm
for
an
additional
2
 
year
period.
This
tolerance
will
expire
and
is
revoked
on
December
31,
2004.
A
time­
limited
tolerance
was
originally
published
in
the
Federal
Register
of
November
21,
2000
(
65
FR
69876)
(
FRL
 
6752
 
4)
EPA
has
received
objections
to
tolerances
it
established
for
2,4­
D,
and
fenhexamid
on
different
food
commodities.
The
objections
were
filed
by
the
Natural
Resources
Defense
Council
(
NRDC)
and
raised
several
issues
regarding
aggregate
exposure
estimates
and
the
additional
safety
factor
for
the
protection
of
infants
and
children.
Although
these
objections
concern
separate
rulemaking
proceedings
under
the
FFDCA,
EPA
has
considered
whether
it
is
appropriate
to
extend
the
emergency
exemption
tolerances
for
2,4­
D,
and
fenhexamid
while
the
objections
are
still
pending.
Factors
taken
into
account
by
EPA
included
how
close
the
Agency
is
to
concluding
the
proceedings
on
the
objections,
the
nature
of
the
current
action,
whether
NRDC's
objections
raised
frivolous
issues,
and
extent
to
which
the
issues
raised
by
NRDC
had
already
been
considered
by
EPA.
Although
NRDC's
objections
are
not
frivolous,
the
other
factors
all
support
extending
these
tolerances
at
this
time.
First
the
objections
proceeding
is
unlikely
to
conclude
prior
to
when
action
is
necessary
on
this
petition.
NRDC's
objections
raise
complex
legal,
scientific,
policy,
and
factual
matters
and
EPA
initiated
a
60
 
day
public
comment
period
on
them
in
the
Federal
Register
of
June
19,
2002
(
67
FR
41628)
(
FRL
 
7167
 
7).
That
comment
period
was
extended
until
October
16,
2002
(
September
17,
2002,
67
FR
58536)
(
FRL
 
7275
 
3),
and
EPA
is
now
examining
the
extensive
comments
received.
Second
the
nature
of
the
current
actions
are
extremely
timesensitive
as
they
address
emergency
situations.
Third
the
issues
raised
by
NRDC
are
not
new
matters
but
questions
that
have
been
the
subject
of
considerable
study
by
EPA
and
comment
by
stakeholders.
Accordingly,
EPA
is
proceeding
with
extending
the
tolerances
for
2,4­
D,
and
fenhexamid.
5.
Lambda­
Cyhalothrin.
EPA
has
authorized
under
FIFRA
section
18
the
use
of
lambda­
cyhalothrin
on
barley
for
control
of
the
Russian
wheat
aphid
and
cutworms
in
Idaho,
Colrado,
Wyoming,
and
Montana.
This
regulation
extends
a
time­
limited
tolerance
for
combined
residues
of
the
pyrethroid
lambdacyhalothrin
1:
1
mixture
of
(
S)­
a­
cyano­
3­
phenoxybenzyl­(
Z)­(
1R,
3R)­
3­(
2­
chloro­
3,3,3­
trifluoroprop­
1­
enyl)­
2,2­
dimethylcyclopropanecarboxylate
and
(
R)­
a­
cyano­
3­
phenoxybenzyl­(
Z)­
(
1S,
3S)­
3­(
2­
chloro­
3,3,3­
trifluoroprop­
1­
enyl)­
2,2­
dimethylcyclopropanecarboxylate
and
its
epimer
expressed
as
epimer
of
lambda­
cyhalothrin,
a
1:
1
mixture
of
(
S)­
a­
cyano­
3­
phenoxybenzyl­(
Z)­
(
1S,
3S)­
3­(
2­
chloro­
3,3,3­
trifluoroprop­
1­
enyl)­
2,2­
dimethylcyclopropanecarboxylate
and
(
R)­
a­
cyano­
3­
phenoxybenzyl­(
Z)­
(
1R,
3R)­
3­(
2­
chloro­
3,3,3­
trifluoroprop­
1­
enyl)­
2,2­
dimethylcyclopropanecarboxylate
in
or
on
barley
grain
at
0.05
ppm,
barley
bran
at
0.2
ppm,
and
barley
hay
and
straw
at
2.0
ppm
for
an
additional
3
 
year
period.
These
tolerances
will
expire
and
are
revoked
on
December
31,
2005.
Timelimited
tolerances
were
originally
published
in
the
Federal
Register
of
October
29,
1997
(
62
FR
56095)
(
FRL
 
5745
 
5)
6.
Mancozeb.
EPA
has
authorized
under
FIFRA
section
18
the
use
of
mancozeb
on
ginseng
for
control
of
stem
and
leaf
blight
in
Wisconsin.
This
regulation
extends
a
time­
limited
tolerance
for
combined
residues
of
the
fungicide
mancozeb,
calculated
as
zinc
ethylenebisdithiocarbamate,
and
its
metabolite
ethylenethiourea
(
ETU)
in
or
on
ginseng
at
2.0
ppm
for
an
additional
2
 
year
period.
This
tolerance
will
expire
and
is
revoked
on
December
31,
2004.
A
time­
limited
tolerance
was
originally
published
in
the
Federal
Register
of
October
9,
1998
(
63
FR
54362)
(
FRL
 
6029
 
5)
7.
Sodium
chlorate.
The
state
of
Arkansas
availed
itself
of
the
authority
to
declare
the
existence
of
a
crisis
situation,
thereby
authorizing
use
under
FIFRA
section
18
of
sodium
chlorate
on
wheat
as
a
defoliant
or
desiccant
to
aid
in
the
harvest
of
wheat.
This
regulation
extends
a
time­
limited
exemption
from
the
requirement
of
a
tolerance
for
residues
of
the
defoliant/
desiccant
sodium
chlorate
in
or
on
wheat
for
an
additional
2
 
year
period.
This
exemption
from
the
requirement
of
a
tolerance
will
expire
and
is
revoked
on
December
31,
2004.
A
time­
limited
exemption
from
the
requirement
of
a
tolerance
was
originally
published
in
the
Federal
Register
of
December
3,
1997
(
62
FR
63858)
(
FRL
 
5754
 
1)
8.
Spinosad.
EPA
is
authorizing
under
FIFRA
section
18
the
use
of
spinosad
on
all
agricultural
commodities
when
VerDate
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12:
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2003
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Federal
Register
/
Vol.
68,
No.
11
/
Thursday,
January
16,
2003
/
Rules
and
Regulations
applied
in
connection
with
quarantine
eradication
programs
directed
by
state
agricultural
officials
for
control
of
quarantined
fruit
fly
species,
such
as
the
Mediterranean
fruit
fly
in
California.
This
regulation
extends
a
time­
limited
tolerance
for
residues
of
the
insecticide
spinosad,
Factor
A
is
2­[(
6­
deoxy­
2,3,4­
tri­
O­
methyl­
o­
L­
mannopyranosyl)
oxy]­
13­[[
5­(
dimethlamino)­
tetrahydro­
6­
methyl­
2H­
pyran­
2­
yl]
oxy]
9­
ethyl­
2,3,3a,
5a,
6,9,10,11,12,13,14,16a,
6b,
tetradecahydro­
14­
methyl­
1H­
as­
Indaceno[
3,2d]
oxacyclododecin­
7,15­
dione.
Factor
D
is
2­[
6­
deoxy­
2,3,4­
tri­
Omethyl
o­
L­
mannopyranosyl)
oxy]
13­[[
5­
(
dimethylamino)­
tetrahydri­
6­
methyl­
2H­
pyran­
2­
yl]
oxy]­
9­
ethyl­
2,3,3a,
5a,
5b,
6,9,10,11,12,13,14,16a,
16btetradecahydro
4,14,
dimethyl­
1H­
as­
Indaceno[
3,2d]
oxacyclododecin­
7,15­
dione,
in
or
on
all
agricultural
commodities
where
a
separate
higher
tolerance
is
not
already
established
at
0.02
ppm
for
an
additional
4
 
year
period.
This
tolerance
will
expire
and
is
revoked
on
December
31,
2006.
A
timelimited
tolerance
was
originally
published
in
the
Federal
Register
of
July
21,
1999
(
62
FR
39053)
(
FRL
 
6086
 
7)
9.
Spinosad.
EPA
has
authorized
under
FIFRA
section
18
the
use
of
spinosad
on
alfalfa
for
control
of
armyworms
in
Texas
and
New
Mexico
and
pastureland
and
rangeland
for
control
of
armyworms
in
Arkansas,
Mississippi,
Texas,
Tennessee
and
Georgia.
This
regulation
extends
timelimited
tolerances
for
combined
residues
of
the
herbicide
spinosad,
Factor
A
is
2­[(
6­
deoxy­
2,3,4­
tri­
Omethyl
o­
L­
mannopyranosyl)
oxy]­
13­
[[
5­(
dimethlamino)­
tetrahydro­
6­
methyl­
2H­
pyran­
2­
yl]
oxy]
9­
ethyl­
2,3,3a,
5a,
6,9,10,11,12,13,14,16a,
6b,
tetradecahydro­
14­
methyl­
1H­
as­
Indaceno[
3,2d]
oxacyclododecin­
7,15­
dione.
Factor
D
is
2­[
6­
deoxy­
2,3,4­
tri­
Omethyl
o­
L­
mannopyranosyl)
oxy]
13­[[
5­
(
dimethylamino)­
tetrahydri­
6­
methyl­
2H­
pyran­
2­
yl]
oxy]­
9­
ethyl­
2,3,3a,
5a,
5b,
6,9,10,11,12,13,14,16a,
16btetradecahydro
4,14,
dimethyl­
1H­
as­
Indaceno[
3,2d]
oxacyclododecin­
7,15­
dione
in
or
on
alfalfa
forage
at
4.0
ppm;
alfalfa
hay
at
4.0
ppm;
cattle
fat
at
15.0
ppm;
cattle,
meat
byproducts
at
3.50
ppm;
cattle
meat
at
0.60
ppm;
egg
at
0.030
ppm;
goat
fat
at
15.0
ppm;
goat
meat
byproducts
at
3.50
ppm;
goat
meat
at
0.60
ppm;
grass
forage
at
7.0
ppm;
grass
hay
at
7.0
ppm;
hog
fat
at
15.0
ppm;
hog
meat
byproducts
at
3.50
ppm;
hog
meat
at
0.60
ppm;
horse
fat
at
15.0
ppm;
horse
meat
byproducts
at
3.50
ppm;
horse,
meat
at
0.60
ppm;
sheep
fat
at
15.0
ppm;
sheep
meat
byproducts
at
3.50
ppm;
and
sheep
meat
at
0.60
ppm
for
an
additional
3
 
year
period.
These
tolerances
will
expire
and
are
revoked
on
December
31,
2005.
A
time­
limited
tolerance
was
originally
published
for
sunflowers
in
the
Federal
Register
of
January
9,
2001
(
66
FR
1592)
(
FRL
 
6760
 
2).
10.
Sulfentrazone.
EPA
has
authorized
under
FIFRA
section
18
the
use
of
sulfentrazone
on
horseradish
for
control
of
weeds
in
Wisconsin,
Minnesota,
and
Illinois;
sugarcane
for
control
of
weeds
in
Louisiana;
and
sunflowers
for
control
of
weeds
in
Montana,
North
Dakota,
Minnesota,
Wyoming,
Texas,
Nebraska,
Oklahoma,
Missouri,
South
Dakota,
Kansas,
and
Colorado.
This
regulation
extends
a
time­
limited
tolerance
for
combined
residues
of
the
herbicide
sulfentrazone,
N­[
2,4­
dichloro­
5­[
4­(
difluoromethyl)­
4,5­
dihydro­
3­
methyl­
5­
oxo­
1H­
1,2,4­
triazol­
1­
yl]
phenyl]
methanesulfonamide,
and
its
metabolites
3­
hydroxymethyl
sulfentrazone
(
HMS)
and
3­
desmethyl
sulfentrazone
(
DMS)
in
or
on
horseradish,
roots
at
0.1
ppm,
sugarcane
at
0.05
ppm,
and
sunflower
at
0.1
ppm
for
an
additional
3
 
year
period.
These
tolerances
will
expire
and
are
revoked
on
December
31,
2005.
A
time­
limited
tolerance
was
originally
published
for
sunflowers
in
the
Federal
Register
of
September
21,
1999
(
64
FR
51060)
(
FRL
 
6097
 
8).
Time­
limited
tolerances
were
originally
published
for
horseradish
and
sugarcane
in
the
Federal
Register
of
November
9,
2000
(
65
FR
67272)
(
FRL
 
6751
 
7).
11.
Tebufenozide.
EPA
has
authorized
under
FIFRA
section
18
the
use
of
tebufenozide
on
sweet
potatoes
for
control
of
armyworms
in
Mississippi,
Louisiana,
and
North
Carolina.
This
regulation
extends
a
time­
limited
tolerance
for
residues
of
the
insecticide
tebufenozide,
benzoic
acid,
3,5­
dimethyl­
1­(
1,1­
dimethylethyl)­
2­(
4­
ethylbenzoyl)
hydrazide
in
or
on
sweet
potatoes
at
0.25
ppm
for
an
additional
3
 
year
period.
This
tolerance
will
expire
and
is
revoked
on
December
31,
2005.
A
time­
limited
tolerance
was
originally
published
in
the
Federal
Register
of
December
18,
1998
(
63
FR
70030)
(
FRL
 
6049
 
4)
12.
Zinc
phosphide.
EPA
has
authorized
under
FIFRA
section
18
the
use
of
zinc
phosphide
on
timothy,
alfalfa,
and
clover
for
control
of
vole
complex
in
Washington.
This
regulation
extends
time­
limited
tolerances
for
residues
of
the
rodenticide
zinc
phosphide
in
or
on
alfalfa
(
forage
and
hay);
clover
(
forage
and
hay);
and
timothy
(
forage,
hay
and
seed)
at
1;
0.1;
and
0.1
ppm,
respectively,
for
an
additional
3
 
year
period.
These
tolerances
will
expire
and
are
revoked
on
December
31,
2005.
Time­
limited
tolerances
were
originally
published
in
the
Federal
Register
of
August
25,
1998
(
63
FR
45176)
(
FRL
 
6021
 
6)
and
February
23,
2000
(
65
FR
8872)
(
FRL
 
6489
 
8).

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

A.
What
Do
I
Need
to
Do
to
File
an
Objection
or
Request
a
Hearing
You
must
file
your
objection
or
request
a
hearing
on
this
regulation
in
accordance
with
the
instructions
provided
in
this
unit
and
in
40
CFR
part
178.
To
ensure
proper
receipt
by
EPA,
you
must
identify
docket
ID
number
OPP
 
2002
 
0336
in
the
subject
line
on
the
first
page
of
your
submission.
All
requests
must
be
in
writing,
and
must
be
mailed
or
delivered
to
the
Hearing
Clerk
on
or
before
February
18,
2003.
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
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/
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68,
No.
11
/
Thursday,
January
16,
2003
/
Rules
and
Regulations
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
(
1900C),
Environmental
Protection
Agency,
1200
Pennsylvania
Ave.,
NW.,
Washington,
DC
20460
 
0001.
You
may
also
deliver
your
request
to
the
Office
of
the
Hearing
Clerk
in
Rm.
104,
Crystal
Mall
#
2,
1921
Jefferson
Davis
Hwy.,
Arlington,
VA.
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
(
703)
603
 
0061.
2.
Tolerance
fee
payment.
If
you
file
an
objection
or
request
a
hearing,
you
must
also
pay
the
fee
prescribed
by
40
CFR
180.33(
i)
or
request
a
waiver
of
that
fee
pursuant
to
40
CFR
180.33(
m).
You
must
mail
the
fee
to:
EPA
Headquarters
Accounting
Operations
Branch,
Office
of
Pesticide
Programs,
P.
O.
Box
360277M,
Pittsburgh,
PA
15251.
Please
identify
the
fee
submission
by
labeling
it
``
Tolerance
Petition
Fees.''
EPA
is
authorized
to
waive
any
fee
requirement
``
when
in
the
judgement
of
the
Administrator
such
a
waiver
or
refund
is
equitable
and
not
contrary
to
the
purpose
of
this
subsection.''
For
additional
information
regarding
the
waiver
of
these
fees,
you
may
contact
James
Tompkins
by
phone
at
(
703)
305
 
5697,
by
e­
mail
at
tompkins.
jim@
epa.
gov,
or
by
mailing
a
request
for
information
to
Mr.
Tompkins
at
Registration
Division
(
7505C),
Office
of
Pesticide
Programs,
Environmental
Protection
Agency,
1200
Pennsylvania
Ave.,
NW.,
Washington,
DC
20460
 
0001.
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
 
0001.
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.
1.
Mail
your
copies,
identified
by
docket
ID
number
OPP
 
2002
 
0336,
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
 
0001.
In
person
or
by
courier,
bring
a
copy
to
the
location
of
the
PIRIB
described
in
Unit
I.
B.
1.
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
file
format
or
ASCII
file
format.
Do
not
include
any
CBI
in
your
electronic
copy.
You
may
also
submit
an
electronic
copy
of
your
request
at
many
Federal
Depository
Libraries.

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

IV.
Regulatory
Assessment
Requirements
This
final
rule
establishes
timelimited
tolerances
under
section
408
of
the
FFDCA.
The
Office
of
Management
and
Budget
(
OMB)
has
exempted
these
types
of
actions
from
review
under
Executive
Order
12866,
entitled
Regulatory
Planning
and
Review
(
58
FR
51735,
October
4,
1993).
Because
this
rule
has
been
exempted
from
review
under
Executive
Order
12866
due
to
its
lack
of
significance,
this
rule
is
not
subject
to
Executive
Order
13211,
Actions
Concerning
Regulations
That
Significantly
Affect
Energy
Supply,
Distribution,
or
Use
(
66
FR
28355,
May
22,
2001).
This
final
rule
does
not
contain
any
information
collections
subject
to
OMB
approval
under
the
Paperwork
Reduction
Act
(
PRA),
44
U.
S.
C.
3501
et
seq.,
or
impose
any
enforceable
duty
or
contain
any
unfunded
mandate
as
described
under
Title
II
of
the
Unfunded
Mandates
Reform
Act
of
1995
(
UMRA)
(
Public
Law
104
 
4).
Nor
does
it
require
any
special
considerations
under
Executive
Order
12898,
entitled
Federal
Actions
to
Address
Environmental
Justice
in
Minority
Populations
and
Low­
Income
Populations
(
59
FR
7629,
February
16,
1994);
or
OMB
review
or
any
Agency
action
under
Executive
Order
13045,
entitled
Protection
of
Children
from
Environmental
Health
Risks
and
Safety
Risks
(
62
FR
19885,
April
23,
1997).
This
action
does
not
involve
any
technical
standards
that
would
require
Agency
consideration
of
voluntary
consensus
standards
pursuant
to
section
12(
d)
of
the
National
Technology
Transfer
and
Advancement
Act
of
1995
(
NTTAA),
Public
Law
104
 
113,
section
12(
d)
(
15
U.
S.
C.
272
note).
Since
tolerances
and
exemptions
that
are
established
under
section
408(
l)(
6)
of
the
FFDCA
in
response
to
an
exemption
under
FIFRA
section
18,
such
as
the
tolerances
in
this
final
rule,
do
not
require
the
issuance
of
a
proposed
rule,
the
requirements
of
the
Regulatory
Flexibility
Act
(
RFA)
(
5
U.
S.
C.
601
et
seq.)
do
not
apply.
In
addition,
the
Agency
has
determined
that
this
action
will
not
have
a
substantial
direct
effect
on
States,
on
the
relationship
between
the
national
government
and
the
States,
or
on
the
distribution
of
power
and
responsibilities
among
the
various
levels
of
government,
as
specified
in
Executive
Order
13132,
entitled
Federalism
(
64
FR
43255,
August
10,
1999).
Executive
Order
13132
requires
EPA
to
develop
an
accountable
process
to
ensure
``
meaningful
and
timely
input
by
State
and
local
officials
in
the
development
of
regulatory
policies
that
have
federalism
implications.''
``
Policies
that
have
federalism
implications''
is
defined
in
the
Executive
Order
to
include
regulations
that
have
``
substantial
direct
effects
on
the
States,
on
the
relationship
between
the
national
government
and
the
States,
or
on
the
distribution
of
power
and
responsibilities
among
the
various
levels
of
government.''
This
final
rule
directly
regulates
growers,
food
processors,
food
handlers
and
food
retailers,
not
States.
This
action
does
not
alter
the
relationships
or
distribution
of
power
and
responsibilities
established
by
Congress
in
the
preemption
provisions
of
section
408(
n)(
4)
of
the
FFDCA.
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
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/
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68,
No.
11
/
Thursday,
January
16,
2003
/
Rules
and
Regulations
Government
and
Indian
tribes.''
This
rule
will
not
have
substantial
direct
effects
on
tribal
governments,
on
the
relationship
between
the
Federal
Government
and
Indian
tribes,
or
on
the
distribution
of
power
and
responsibilities
between
the
Federal
Government
and
Indian
tribes,
as
specified
in
Executive
Order
13175.
Thus,
Executive
Order
13175
does
not
apply
to
this
rule.

V.
Submission
to
Congress
and
the
Comptroller
General
The
Congressional
Review
Act,
5
U.
S.
C.
801
et
seq.,
as
added
by
the
Small
Business
Regulatory
Enforcement
Fairness
Act
of
1996,
generally
provides
that
before
a
rule
may
take
effect,
the
agency
promulgating
the
rule
must
submit
a
rule
report,
which
includes
a
copy
of
the
rule,
to
each
House
of
the
Congress
and
to
the
Comptroller
General
of
the
United
States.
EPA
will
submit
a
report
containing
this
rule
and
other
required
information
to
the
U.
S.
Senate,
the
U.
S.
House
of
Representatives,
and
the
Comptroller
General
of
the
United
States
prior
to
publication
of
this
final
rule
in
the
Federal
Register.
This
final
rule
is
not
a
``
major
rule''
as
defined
by
5
U.
S.
C.
804(
2).

List
of
Subjects
in
40
CFR
Part
180
Environmental
protection,
Administrative
practice
and
procedure,
Agricultural
commodities,
Pesticides
and
pests,
Reporting
and
recordkeeping
requirements.

Dated:
December
24,
2002.
Peter
Caulkins,
Acting
Director,
Registration
Division,
Office
of
Pesticide
Programs.

Therefore,
40
CFR
chapter
I
is
amended
as
follows:

PART
180
 
[
AMENDED]

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

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

§
180.142
[
Amended]
2.
In
§
180.142,
in
the
table
to
paragraph
(
b),
the
entry
for
wild
rice
is
amended
by
revising
the
expiration
date
to
read
``
12/
31/
05.''

§
180.176
[
Amended]
3.
In
§
180.176,
in
the
table
to
paragraph
(
b),
the
entry
for
ginseng
is
amended
by
revising
the
expiration
date
to
read
``
12/
31/
04.''

§
180.284
[
Amended]
4.
In
§
180.284,
in
the
table
to
paragraph
(
b),
the
entries
for
alfalfa,
forage;
alfalfa,
hay;
clover,
forage,
clover,
hay;
timothy,
forage;
timothy,
hay;
and
timothy,
seed
are
amended
by
revising
the
expiration
dates
to
read
``
12/
31/
05.''

§
180.438
[
Amended]

5.
In
§
180.438,
in
the
table
to
paragraph
(
b),
the
entries
for
barley,
bran;
barley,
grain;
barley,
hay;
and
barley,
straw
are
amended
by
revising
the
expiration
dates
to
read
``
12/
31/
05.''

§
180.442
[
Amended]

6.
In
§
180.442,
in
the
table
to
paragraph
(
b),
the
entries
for
citrus,
dried
pulp;
and
citrus,
oil
are
amended
by
revising
the
expiration
dates
to
read
``
12/
31/
04.''

§
180.482
[
Amended]

7.
In
§
180.482,
in
the
table
to
paragraph
(
b),
the
entry
for
sweet
potato,
roots
is
amended
by
revising
the
expiration
date
to
read
``
12/
31/
05.''

§
180.495
[
Amended]

8.
In
§
180.495,
in
the
table
to
paragraph
(
b),
the
entries
for
alfalfa,
forage;
alfalfa,
hay;
cattle,
fat;
cattle,
meat
byproducts;
cattle,
meat;
egg;
goat,
fat;
goat,
meat
byproducts;
goat,
meat;
grass,
forage;
grass,
hay;
hog,
fat;
hog,
meat
byproducts;
hog,
meat;
horse,
fat;
horse,
meat
byproducts;
horse,
meat;
peanut,
hay;
poultry,
fat;
sheep,
fat;
sheep,
meat
byproducts;
and
sheep,
meat
are
amended
by
revising
the
expiration
date
to
read
``
12/
31/
05''
and
the
entry
for
``
all
commodities
in
connection
with
quarantine
eradication
programs
against
exotic,
nonindigenous
fruit
fly
species,
where
a
separate
higher
tolerance
is
not
already
established''
is
amended
by
revising
the
expiration
date
to
read
``
12/
31/
06.''

§
180.498
[
Amended]

9.
In
§
180.498,
in
the
table
to
paragraph
(
b),
the
entries
for
horseradish,
roots;
sugarcane;
and
sunflower
are
amended
by
revising
the
expiration
date
to
read
``
12/
31/
05.''

§
180.527
[
Amended]

10.
In
§
180.527,
in
the
table
to
paragraph
(
b),
the
entries
for
cattle,
fat;
cattle,
kidney;
cattle,
meat;
cattle,
meat
byproducts;
goat,
fat;
goat,
kidney;
goat,
meat;
goat,
meat
byproducts;
hog,
fat;
hog,
kidney;
hog,
meat;
hog,
meat
byproducts;
horse,
fat;
horse,
kidney;
horse,
meat;
horse,
meat
byproducts;
sheep,
fat;
sheep,
kidney;
sheep,
meat;
sheep,
meat
byproducts;
wheat,
forage;
wheat,
grain;
wheat,
hay;
and
wheat,
straw
are
amended
by
revising
the
expiration
date
to
read
``
6/
30/
05.''
§
180.553
[
Amended]

12.
In
§
180.553,
in
the
table
to
paragraph
(
b),
the
entry
for
pear
is
amended
by
revising
the
expiration
date
to
read
``
12/
31/
04.''

§
180.1020
[
Amended]

13.
In
§
180.1020,
in
the
table
to
paragraph
(
b),
the
entry
for
wheat
is
amended
by
revising
the
expiration
date
to
read
``
12/
31/
04.''
[
FR
Doc.
03
 
969
Filed
1
 
15
 
03;
8:
45
a.
m.]

BILLING
CODE
6560
 
50
 
S
ENVIRONMENTAL
PROTECTION
AGENCY
40
CFR
Part
300
[
FRL
 
7438
 
8]

National
Oil
and
Hazardous
Substance
Pollution
Contingency
Plan;
National
Priorities
List
AGENCY:
Environmental
Protection
Agency.
ACTION:
Direct
final
notice
of
deletion
of
the
ATSF
Clovis,
Superfund
Site
from
the
National
Priorities
List.

SUMMARY:
The
Environmental
Protection
Agency
(
EPA)
Region
6
is
publishing
a
direct
final
notice
of
deletion
of
the
ATSF
Clovis,
Superfund
Site
(
Site),
located
in
Clovis,
New
Mexico,
from
the
National
Priorities
List
(
NPL).
The
NPL,
promulgated
pursuant
to
section
105
of
the
Comprehensive
Environmental
Response,
Compensation,
and
Liability
Act
(
CERCLA)
of
1980,
as
amended,
is
appendix
B
of
40
CFR
part
300,
which
is
the
National
Oil
and
Hazardous
Substances
Pollution
Contingency
Plan
(
NCP).
This
direct
final
deletion
is
being
published
by
EPA
with
the
concurrence
of
the
State
of
New
Mexico,
through
the
New
Mexico
Environment
Department
because
EPA
has
determined
that
all
appropriate
response
actions
under
CERCLA
have
been
completed
and,
therefore,
further
remedial
action
pursuant
to
CERCLA
is
not
appropriate.
DATES:
This
direct
final
notice
of
deletion
will
be
effective
March
17,
2003
unless
EPA
receives
significant
adverse
or
critical
comments
by
February
18,
2003.
If
adverse
comments
are
received,
EPA
will
publish
timely
withdrawal
of
the
direct
final
deletion
in
the
Federal
Register
informing
the
pubic
that
the
deletion
will
not
take
effect.

ADDRESSES:
Comments
should
be
addressed
to:
Beverly
Negri,
Community
Involvement
Coordinator,
U.
S.
EPA
Region
6
(
6SF
 
PO),
1445
Ross
Avenue,
Dallas,
TX,
75202
 
2733,
(
214)
665
 
8157
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2003
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