37759
Federal
Register
/
Vol.
68,
No.
122
/
Wednesday,
June
25,
2003
/
Rules
and
Regulations
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
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.
IX.
Congressional
Review
Act
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
record
keeping
requirements.

Dated:
June
12,
2003.
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.


2.
Section
180.527
is
amended
by
revising
paragraphs
(
a)
and
(
d)
to
read
as
follows:

§
180.527
N­(
4­
fluorophenyl)­
N­(
1­
methylethyl)­
2­[(
5­(
trifluoromethyl)­
1,3,4­
thiadiazol­
2­
yl)
oxy]
acetamide;
tolerances
for
residues.

(
a)
General.
Tolerances
are
established
for
the
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
the
following
raw
agricultural
commodities:

Commodity
Parts
per
million
Corn,
field,
forage
0.4
Corn,
field,
grain
...
0.05
Corn,
field,
stove
..
0.4
Soybean,
seed
......
0.1
*
*
*
*
*
(
d)
Indirect
or
inadvertent
residues.
Tolerances
are
established
for
indirect
or
inadvertent
residues
of
the
herbicide
N­(
4­
fluroophenyl)­
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
the
raw
agricultural
commodities
listed
in
paragraph
(
a)
of
this
section.

Commodity
Parts
per
million
Alfalfa,
forage
.......
0.1
Alfalfa,
hay
............
0.1
Alfalfa,
seed
..........
0.1
Clover,
forage
.......
0.1
Clover,
hay
...........
0.1
Grain,
cereal,
group
15,
except
rice
....................
0.1
Grain,
cereal,
forage
fodder,
and
straw,
group
16,
except
rice
.........
0.1
Grass,
forage,
fodder
and
hay,
group
17
............
0.1
[
FR
Doc.
03
 
15905
Filed
6
 
24
 
03;
8:
45
am]

BILLING
CODE
6560
 
50
 
S
ENVIRONMENTAL
PROTECTION
AGENCY
40
CFR
Part
180
[
OPP
 
2003
 
0179;
FRL
 
7311
 
5]

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
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
June
25,
2003.
Objections
and
requests
for
hearings,
identified
by
docket
ID
number
OPP
 
2003
 
0179,
must
be
received
by
EPA
on
or
before
July
25,
2003.
ADDRESSES:
Written
objections
and
hearing
requests
may
be
submitted
electronically,
by
mail,
or
through
hand
VerDate
Jan<
31>
2003
15:
29
Jun
24,
2003
Jkt
200001
PO
00000
Frm
00067
Fmt
4700
Sfmt
4700
E:\
FR\
FM\
25JNR1.
SGM
25JNR1
37760
Federal
Register
/
Vol.
68,
No.
122
/
Wednesday,
June
25,
2003
/
Rules
and
Regulations
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.

Pesticide/
CFR
cite
Contact
person
Maneb;
§
180.110
Desmedipham;
§
180.353
Hydramethylnon;
§
180.395
Propiconazole;
§
180.434
Libby
Pemberton
Sec­
18­
Mailbox@
epamail.
epa.
gov
Phone
number
(
703)
308
 
9364
Terbacil;
§
180.209
Myclobutanil;
§
180.443
Carfentrazone­
ethyl;
§
180.515
Methoxyfenozide;
§
180.544
Barbara
Madden
Sec­
18­
Mailbox@
epamail.
epa.
gov
Phone
number
(
703)
305
 
6463
Fludioxonil;
§
180.516
Andrew
Ertman
Sec­
18­
Mailbox@
epamail.
epa.
gov
Phone
number
(
703)
308
 
9367
Tebuconazole;
§
180.474
Difenoconazole;
§
180.475
Fenbuconazole;
§
180.480
Pyriproxyfen;
§
180.510
Tetraconazole;
§
180.557
Andrea
Conrath
Sec­
18­
Mailbox@
epamail.
epa.
gov
Phone
number
(
703)
308
 
9356
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
(
i.
e.,
Departments
of
Agriculture,
Environment,
etc).
Potentially
affected
entities
may
include,
but
are
not
limited
to:
 
Federal
or
State
Government
Entity,
(
NAICS
9241),
i.
e.,
Departments
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
 
2003
 
0179.
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
a
final
rule
in
the
Federal
Register
for
each
chemical/
commodity
listed
below.
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
timelimited
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
the
FFDCA,
and
decided
that
the
necessary
tolerance
under
section
408(
l)(
6)
of
the
FFDCA
would
be
consistent
with
the
safety
standard
and
with
FIFRA
section
18.

VerDate
Jan<
31>
2003
15:
29
Jun
24,
2003
Jkt
200001
PO
00000
Frm
00068
Fmt
4700
Sfmt
4700
E:\
FR\
FM\
25JNR1.
SGM
25JNR1
37761
Federal
Register
/
Vol.
68,
No.
122
/
Wednesday,
June
25,
2003
/
Rules
and
Regulations
The
data
and
other
relevant
material
were
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
the
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
the
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
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.
Carfentrazone­
ethyl.
EPA
has
authorized
under
FIFRA
section
18
the
use
of
carfentrazone­
ethyl
on
hops
for
control
of
hops
sucker
growth
to
indirectly
control
powdery
mildew
in
Idaho,
Oregon,
and
Washington.
This
regulation
extends
a
time­
limited
tolerance
for
combined
residues
of
the
herbicide
carfentrazone­
ethyl,
(
ethyl­
a­
2­
dichloro­
5­[
4­(
difluoromethyl)­
4,5­
dihydro­
3­
methyl­
5­
oxo­
1H­
1,2,4­
triazol­
1­
yl]­
4­
fluorobenzenepropanoate)
and
its
metabolite
carfentrazonechloropropionic
acid
(
a,
2­
dichloro­
5­[
4­
(
difluoromethyl)­
4,5­
dihydro­
3­
methyl­
5­
oxo­
1H­
1,2,4­
triazol­
1­
yl]­
4­
fluorobenzenepropanoic
acid)
in
or
on
hop,
dried
cone
at
0.30
ppm
for
an
additional
2
 
year
period.
This
tolerance
will
expire
and
is
revoked
on
June
30,
2005.
A
time­
limited
tolerance
was
originally
published
in
the
Federal
Registerof
August
1,
2001
(
66
FR
39640)
(
FRL
 
6792
 
2)
2.
Desmedipham.
EPA
has
authorized
under
FIFRA
section
18
the
use
of
desmidipham
on
garden
beets
for
control
of
various
weed
pests
in
New
York.
This
regulation
extends
a
timelimited
tolerance
for
residues
of
the
herbicide
desmedipham
in
or
on
red
beet
roots
at
0.2
ppm
and
red
beet
tops
at
15
ppm
for
an
additional
18
 
month
period.
These
tolerances
will
expire
and
are
revoked
on
June
30,
2005.
Timelimited
tolerances
were
originally
published
in
the
Federal
Register
on
August
29,
1997
(
62
FR
45741)
(
FRL
 
5738
 
5).
3.
Difenoconazole.
EPA
has
authorized
under
FIFRA
section
18
the
use
of
difenoconazole
on
sweet
corn
seed
for
control
of
damping
off
and
dieback
diseases
in
Idaho
and
Colorado.
This
regulation
extends
time­
limited
tolerances
for
residues
of
the
fungicide
difenoconazole
(
1­((
2­(
2­
chloro­
4­(
4­
chlorophenoxy)
phenyl)­
4­
methyl­
1,3­
dioxolan­
2­
yl)
methyl)­
1H­
1,2,4­
triazole)
in
or
on
corn,
sweet
(
kernel
+
corn
with
husk
removed);
corn,
sweet,
forage;
and
corn,
sweet,
stover
at
0.1
ppm
for
an
additional
2
 
year
period.
These
tolerances
will
expire
and
are
revoked
on
December
31,
2005.
The
time­
limited
tolerances
were
originally
published
in
the
Federal
Register
of
September
1,
1999
(
64
FR
47680)
(
FRL
 
6094
 
3).
4.
Fenbuconazole.
EPA
has
authorized
under
FIFRA
section
18
the
use
of
fenbuconazole
on
grapefruit
for
control
of
greasy
spot
disease
in
Florida.
This
regulation
extends
time­
limited
tolerances
for
combined
residues
of
the
fungicide
fenbuconazole,
(
a­[
2­
4­
chlorophenyl)­
ethyl]
a­
phenyl­
3­(
1H­
1,2,4­
triazole)­
1­
propanenitrile]
and
its
metabolites
cis­
5­(
4­
chlorophenyl)­
dihydro­
3­
phenyl­
3­(
1H­
1,2,4­
triazole­
1­
ylmethyl)­
2­
3H­
furanone
and
trans­
5(
4­
chlorophenyl)
dihydro­
3­
phenyl­
3­
(
1H1,2,4­
triazole­
1­
ylmethyl­
2­
3Hfuranone
in
or
on
fat,
meat,
and
meat
byproducts
of
cattle,
goats,
hogs,
horses,
and
sheep
at
0.01
ppm;
grapefruit
at
0.5
ppm;
grapefruit
oil
at
35
ppm;
and
grapefruit
dried
pulp
at
4
ppm
for
an
additional
2
 
year
period.
These
tolerances
will
expire
and
are
revoked
on
December
31,
2005.
The
time­
limited
tolerances
were
originally
published
in
the
Federal
Register
of
January
29,
1999
(
64
FR
4577)
(
FRL
 
6054
 
3).
5.
Fludioxonil.
EPA
has
authorized
under
FIFRA
section
18
the
use
of
fludioxonil
on
pomegranates
for
control
of
gray
mold
in
California.
This
regulation
extends
a
time­
limited
tolerance
for
combined
residues
of
the
fungicide
fludioxonil,
4­(
2,2­
difluoro­
1,3­
benzodioxol­
4­
yl)­
1H­
pyrrole­
3­
carbonitrile),
in
or
on
pomegranates
at
5.0
ppm
for
an
addtionional
3
 
year
period.
This
tolerance
will
expire
and
is
revoked
on
June
30,
2006.
The
timelimited
tolerance
was
originally
published
in
the
Federal
Register
of
September
12,
2001
(
66
FR
47403)
(
FRL
 
6797
 
5).
6.
Hydramethylnon.
EPA
has
authorized
under
FIFRA
section
18
the
use
of
hydramethylnon
on
pineapple
for
control
of
big­
headed
and
Argentine
ants
in
Hawaii.
This
regulation
extends
a
time­
limited
tolerance
for
residues
of
the
insecticide
hydramethylnon;
tetrahydro­
5,5­
dimethyl­
2­(
1H)­
pyrimidinoine
(
3­(
4­
trifluoromethyl)
phenyl)­
1­[
2­
[
4(
trifluoromethyl)
phenyl]
ethenyl)­
2­
propenylidene)
hydrazone]
in
or
on
pineapple
at
0.05
ppm
for
an
additional
2
 
year
period.
This
tolerance
will
expire
and
is
revoked
on
June
30,
2005.
A
time­
limited
tolerance
was
originally
published
in
the
Federal
Register
of
March
4,
1998
(
63
FR
10537)
(
FR
 
5767
 
1).
7.
Maneb.
EPA
has
authorized
under
FIFRA
section
18
the
use
of
maneb
on
walnuts
for
control
of
bacterial
blight
in
California.
This
regulation
extends
a
time­
limited
tolerance
for
combined
residues
of
the
fungicide
maneb
(
manganous
ethylenebisdithiocarbamate)
calculated
as
zinc
ethylenebisdithiocarbamate,
and
its
metabolite
ethylenethiourea
in
or
on
walnuts
at
0.05
ppm
for
an
additional
2
 
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
March
17,
1999
(
64
FR
13097)
(
FRL
 
6067
 
9)
8.
Methoxyfenozide.
EPA
has
authorized
under
FIFRA
section
18
the
use
of
methoxyfenozide
on
soybeans
for
control
of
soybean
loopers
and
salt
marsh
catepillars
in
Mississippi.
This
regulation
extends
a
time­
limited
tolerance
for
residues
of
the
insecticide
methoxyfenozide,
benzoic
acid,
3­
methoxy­
2­
methyl­
2­(
3,5­
dimethylbenzoyl)­
2­(
1,1­
dimethylethyl)
hydrazide
in
or
on
soybean
aspirated
grain
fractions
at
20
ppm,
soybean
seed
at
0.04
ppm,
soybean
forage
at
10
ppm,
soybean
hay
at
75
ppm
and
soybean
oil
at
1.0
ppm
for
an
additional
2
 
year
period.
These
tolerances
will
expire
and
are
revoked
on
December
31,
2005.
A
time­
limited
tolerance
was
originally
published
in
the
Federal
Register
of
November
2,
2001
(
66
FR
55585)
(
FRL
 
6806
 
4)
9.
Myclobutanil.
EPA
has
authorized
under
FIFRA
section
18
the
use
of
myclobutanil
on
hops
for
control
of
powdery
mildew
in
Idaho,
Oregon,
and
Washington.
This
regulation
extends
a
time­
limited
tolerance
for
combined
residues
of
the
fungicide
myclobutanil,
a­
butyl­
a­(
4­
chlorophenyl)­
1H­
1,2,4­
triazole­
1­
propanenitrile
and
its
alcohol
metabolite
a­(
3­
hydroxybutyl)­
a­(
4­
chlorophenyl)­
1H­
1,2,4­
triazole­
1­
propanenitrile
(
free
and
bound)
in
or
on
hops
at
5.0
ppm
for
an
additional
2
 
year
period.
This
tolerance
will
expire
and
is
revoked
on
December
31,
2005.
A
time­

VerDate
Jan<
31>
2003
15:
29
Jun
24,
2003
Jkt
200001
PO
00000
Frm
00069
Fmt
4700
Sfmt
4700
E:\
FR\
FM\
25JNR1.
SGM
25JNR1
37762
Federal
Register
/
Vol.
68,
No.
122
/
Wednesday,
June
25,
2003
/
Rules
and
Regulations
limited
tolerance
was
originally
published
in
the
Federal
Register
of
July
10,
1998
(
63
FR
37289)
(
FRL
 
5798
 
6).
10.
Myclobutanil.
EPA
has
authorized
under
FIFRA
section
18
the
use
of
myclobutanil
on
peppers
for
control
of
powdery
mildew
in
California.
This
regulation
extends
a
time­
limited
tolerance
for
combined
residues
of
the
fungicide
myclobutanil
a­
butyl­
a­(
4­
chlorophenyl)­
1H­
1,2,4­
triazole­
1­
propanenitrile
and
its
alcohol
metabolite
(
a­(
3­
hydroxybutyl)­
a­(
4­
chlorophenyl)­
1H­
1,2,4­
triazole­
1­
propanenitrile
(
free
and
bound)
in
or
on
pepper
at
1.0
ppm
for
an
additional
2
 
year
period.
This
tolerance
will
expire
and
is
revoked
on
June
30,
2005.
A
timelimited
tolerance
was
originally
published
in
the
Federal
Register
of
September
16,
1998
(
63
FR
49472)
(
FRL
 
6025
 
1).
11.
Propiconazole.
EPA
has
authorized
under
FIFRA
section
18
the
use
of
propiconazole
on
dry
beans
for
control
of
rust
in
Colorado,
Kansas,
Minnesota,
Nebraska,
and
North
Dakota.
This
regulation
extends
a
time­
limited
tolerances
for
combined
residues
of
the
fungicide
propiconazole
1­[[
2­(
2,4­
dichlorophenyl)­
4­
propyl­
1,3­
dioxolan­
2­
yl]
methyl]­
1H­
1,2,4­
triazole
and
its
metabolite
determined
as
2,4­
dichlorobenzoic
acid
in
or
on
dry
beans
at
0.5
ppm,
dry
bean
forage
at
8
ppm,
and
dry
bean
hay
at
8
ppm
for
an
additional
2
 
year
period.
These
tolerances
will
expire
and
are
revoked
on
December
31,
2005.
The
time­
limited
tolerances
for
dry
bean
commodities
were
originally
published
in
the
Federal
Register
of
June
13,
1997
(
62
FR
32224)
(
FRL
 
5718
 
8).
12.
Propiconazole.
EPA
has
authorized
under
FIFRA
section
18
the
use
of
propiconazole
on
cranberry
for
control
of
cottonball
disease
in
Wisconsin.
This
regulation
extends
a
time­
limited
tolerance
for
combined
residues
of
the
fungicide
propiconazole,
1­[[
2­(
2,4­
dichlorophenyl)­
4­
propyl­
1,3­
dioxolan­
2­
yl]
methyl]­
1H­
1,2,4­
triazole
and
its
metabolites
determined
as
2,4­
dichlorobenzoic
acid
and
expressed
as
parent
compound
in
or
on
cranberry
at
1.0
ppm
for
an
additional
2
 
year
period.
This
tolerance
will
expire
and
is
revoked
on
December
31,
2005.
A
timelimited
tolerance
was
originally
published
in
the
Federal
Register
of
April
11,
1997
(
62
FR
17710)
(
FRL
 
5600
 
5).
13.
Propiconazole.
EPA
has
authorized
under
FIFRA
section
18
the
use
of
propiconazole
on
grain
sorghum
for
control
of
sorghum
ergot
in
Kansas,
New
Mexico
and
Texas.
This
regulation
extends
a
time­
limited
tolerance
for
combined
residues
of
the
fungicide
propiconazole,
1­[[
2­(
2,4­
dichlorophenyl)­
4­
propyl­
1,3­
dioxolan­
2­
yl]
methyl]­
1H­
1,2,4­
triazole
and
its
metabolites
determined
as
2,4­
dichlorobenzoic
acid
and
expressed
as
parent
compound
in
or
on
grain
sorghum,
grain
at
0.2
ppm;
grain
sorghum,
stover
at
1.5
ppm;
and
sorghum
aspirated
grain
fractions
at
20
ppm
for
an
additional
18
 
month
period.
These
tolerances
will
expire
and
are
revoked
on
June
30,
2005.
Time­
limited
tolerances
were
originally
published
in
the
Federal
Register
of
August
13,
1997
(
62
FR
43284)
(
FRL
 
5735
 
2)
EPA
has
received
objections
to
tolerances
it
established
for
propiconazole
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
propiconazole
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
propiconazole.
14.
Pyriproxyfen.
EPA
has
authorized
under
FIFRA
section
18
the
use
of
pyriproxyfen
on
beans
for
control
of
whiteflies
in
Florida.
This
regulation
extends
a
time­
limited
tolerance
for
residues
of
the
insecticide
pyriproxyfen,
2­[
1­
methyl­
2­(
4­
phenoxyphenoxy)
ethoxypyridine
in
or
on
bean,
succulent
at
0.1
ppm
for
an
additional
2
 
year
period.
This
tolerance
will
expire
and
is
revoked
on
June
30,
2005.
A
time­
limited
tolerance
was
originally
published
in
the
Federal
Register
of
September
5,
2001
(
66
FR
46390)
(
FRL
 
6798
 
6).
15.
Tebuconazole.
EPA
has
authorized
under
FIFRA
section
18
the
use
of
tebuconazole
on
garlic
for
control
of
rust
in
California.
This
regulation
extends
a
time­
limited
tolerance
for
residues
of
the
fungicide
tebuconazole,
(
a­[
2­(
4­
chlorophenyl)­
ethyl]­
a­(
1,1­
dimethylethyl)­
1H­
1,2,4­
triazole­
1­
ethanol)
in
or
on
garlic
at
0.1
ppm
for
an
additional
2
 
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
May
26,
1999
(
64
FR
28377)
(
FRL
 
6079
 
1).
16.
Tebuconazole.
EPA
has
authorized
under
FIFRA
section
18
the
use
of
tebuconazole
on
wheat
for
control
of
fusarium
head
blight
in
Michigan,
Minnesota,
North
Dakota,
and
South
Dakota.
This
regulation
extends
a
timelimited
tolerance
for
residues
of
the
fungicide
tebuconazole
(
a­[
2­(
4­
chlorophenyl)­
ethyl]­
a(
1,1­
dimethylethyl)­
1H­
1,2,4­
triazole­
1­
ethanol)
in
or
on
wheat
hay
at
15.0
ppm
and
wheat
straw
at
2.0
ppm
for
an
additional
18
 
month
period.
These
tolerances
will
expire
and
are
revoked
on
June
30,
2005.
Time­
limited
tolerances
were
originally
published
in
the
Federal
Register
of
June
20,
1997
(
62
FR
33550)
(
FRL
 
5725
 
7).
17.
Tebuconazole.
EPA
has
authorized
under
FIFRA
section
18
the
use
of
tebuconazole
on
barley
for
control
of
fusarium
head
blight
in
Minnesota,
North
Dakota,
and
South
Dakota.
This
regulation
extends
timelimited
tolerances
for
residues
of
the
fungicide
tebuconazole
(
a­[
2­(
4­
chlorophenyl)­
ethyl]­
a­(
1,1­
dimethylethyl)­
1H­
1,2,4­
triazole­
1­
ethanol)
in
or
on
barley
grain
at
2.0
ppm,
barley
hay
at
20.0
ppm,
and
barley
straw
at
20.0
ppm
for
an
additional
18
 
month
period.
These
tolerances
will
expire
and
are
revoked
on
June
30,
2005.
Time­
limited
tolerance
were
originally
published
in
the
Federal
Register
of
June
20,
1997
(
62
FR
33550)
(
FRL
 
5725
 
7).
18.
Terbacil.
EPA
has
authorized
under
FIFRA
section
18
the
use
of
terbacil
on
watermelon
for
control
of
morningglory
and
other
annual
broadleaf
weeds
in
Virginia.
This
VerDate
Jan<
31>
2003
15:
29
Jun
24,
2003
Jkt
200001
PO
00000
Frm
00070
Fmt
4700
Sfmt
4700
E:\
FR\
FM\
25JNR1.
SGM
25JNR1
37763
Federal
Register
/
Vol.
68,
No.
122
/
Wednesday,
June
25,
2003
/
Rules
and
Regulations
regulation
extends
a
time­
limited
tolerance
for
combined
residues
of
the
herbicide
terbacil
(
3­
tert­
Butyl­
5­
chloro­
6­
methyluracil
and
its
three
metabolites
3­
tert­
butyl­
5­
chloro­
6­
hydroxymethyluracil,
6­
chloro­
2,3­
dihydro­
7­
hydroxymethyl­
3,3­
dimethyl­
5H­
oxazolo
(
3,2­
a)
pyrimidin­
5­
one,
and
6­
chloro­
2,3­
dihydro­
3,3,7­
trimethyl­
5H­
oxazolo
(
3,2­
a)
pyrimidin­
5­
one)
which
are
calculated
as
terbacil
in
or
on
watermelon
at
4.0
ppm
for
an
additional
2
 
year
period.
This
tolerance
will
expire
and
is
revoked
on
June
30,
2005.
A
time­
limited
tolerance
was
originally
published
in
the
Federal
Register
of
June
20,
1997
(
62
FR
33557)
(
FRL
 
5718
 
7)
19.
Tetraconazole.
EPA
has
authorized
under
FIFRA
section
18
the
use
of
tetraconazole
on
sugar
beets
for
control
of
cercospora
leaf
spot
in
Colorado,
Montana,
Nebraska,
and
Wyoming.
This
regulation
extends
timelimited
tolerances
for
residues
of
the
fungicide
tetraconazole,
[(+/­)­
2­(
2,4­
dichlorophenyl)­
3­(
1H­
1,2,4­
triazol­
1­
yl)
propyl
1,
1,2,2­
tetrafluoroethyl
ether]
in
or
on
sugarbeets,
and
sugarbeet­
related
commodities,
and
for
secondary
residues
of
triazole
on
animal
commodities
from
livestock
fed
sugarbeet
by­
products]
at
0.10
part
per
million
in/
on
sugarbeet,
6.0
ppm
in/
on
sugarbeet
top,
0.20
ppm
in/
on
sugarbeet
dried
pulp,
0.30
ppm
in/
on
sugarbeet
molasses,
0.050
ppm
in
milk,
0.030
ppm
in
cattle,
meat
and
meat
byproducts
except
kidney
and
liver,
0.20
ppm
in
kidney,
6.0
ppm
in
liver,
and
0.60
ppm
in
fat
for
an
additional
2
 
year
period.
These
tolerances
will
expire
and
are
revoked
on
December
31,
2005.
The
time­
limited
tolerances
were
originally
published
in
the
Federal
Register
of
December
6,
1999
(
64
FR
68046)
(
FRL
 
6384
 
1).

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
instruction
provided
in
this
unit
and
in
40
CFR
part
178.
To
ensure
proper
receipt
by
EPA,
you
must
identify
docket
ID
number
OPP
 
2003
 
0179
in
the
subject
line
on
the
first
page
of
your
submission.
All
requests
must
be
in
writing,
and
must
be
mailed
or
delivered
to
the
Hearing
Clerk
on
or
before
July
25,
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
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
 
2003
 
0179,
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).

VerDate
Jan<
31>
2003
15:
29
Jun
24,
2003
Jkt
200001
PO
00000
Frm
00071
Fmt
4700
Sfmt
4700
E:\
FR\
FM\
25JNR1.
SGM
25JNR1
37764
Federal
Register
/
Vol.
68,
No.
122
/
Wednesday,
June
25,
2003
/
Rules
and
Regulations
IV.
Statutory
and
Executive
Order
Reviews
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,
entitledProtection
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,
entitledConsultation
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.
Congressional
Review
Act
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:
June
16,
2003.
Debra
Edwards,
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.

§
180.110
[
Amended]


2.
In
§
180.110,
in
the
table
to
paragraph
(
b),
amend
the
entry
for
walnut
by
revising
the
expiration/
revocation
date
``
12/
31/
03''
to
read
``
12/
31/
05.''

§
180.209
[
Amended]


3.
In
§
180.209,
in
the
table
to
paragraph
(
b),
amend
the
entry
for
watermelon
by
revising
the
expiration/
revocation
date
``
6/
30/
03''
to
read
``
6/
30/
05.''

§
180.353
[
Amended]


4.
In
§
180.353,
in
the
table
to
paragraph
(
b),
amend
the
entry
for
red
beet
roots
and
red
beet
tops
by
revising
the
expiration/
revocation
date
``
12/
31/
03''
to
read
``
6/
30/
05.''

§
180.395
[
Amended]


5.
In
§
180.395,
in
the
table
to
paragraph
(
b),
amend
the
entry
for
pineapple
by
revising
the
expiration/
revocation
date
``
6/
30/
03''
to
read
``
6/
30/
05.''

§
180.434
[
Amended]


6.
In
§
180.434,
in
the
table
to
paragraph
(
b),
amend
the
entries
for
sorghum,
aspirated
grain
fractions;
sorghum,
grain,
grain;
and
sorghum,
grain,
stover
by
revising
the
expiration/
revocation
date
``
12/
31/
03''
to
read
``
6/
30/
05''
and
amend
the
entries
for
cranberry;
dry
bean;
dry
bean
forage;
and
dry
bean
hay
by
revising
the
expiration/
revocation
date
``
12/
31/
03''
to
read
``
12/
31/
05.''

§
180.443
[
Amended]


7.
In
§
180.443,
in
the
table
to
paragraph
(
b),
amend
the
entries
for
pepper
by
revising
the
expiration/
revocation
date
``
6/
30/
03''
to
read
``
6/
30/
05''
and
for
hop,
dried
cone
by
revising
the
expiration/
revocation
date
``
12/
31/
03''
to
read
``
12/
31/
05.''

VerDate
Jan<
31>
2003
15:
29
Jun
24,
2003
Jkt
200001
PO
00000
Frm
00072
Fmt
4700
Sfmt
4700
E:\
FR\
FM\
25JNR1.
SGM
25JNR1
37765
Federal
Register
/
Vol.
68,
No.
122
/
Wednesday,
June
25,
2003
/
Rules
and
Regulations
§
180.474
[
Amended]


8.
In
§
180.474,
in
the
table
to
paragraph
(
b),
amend
the
entries
for
barley,
grain;
barley,
hay;
barley,
straw;
wheat,
hay;
and
wheat,
straw
by
revising
the
expiration/
revocation
date
``
12/
31/
03''
to
read
``
6/
30/
05''
and
amend
the
entry
for
garlic
by
revising
the
expiration/
revocation
date
``
12/
31/
03''
to
read.
``
12/
31/
05''

§
180.475
[
Amended]


9.
In
§
180.475,
in
the
table
to
paragraph
(
b),
amend
the
entry
for
corn,
sweet,
kernel
plus
cob
with
husks
removed;
corn,
sweet,
forage;
and,
corn,
sweet,
stover
by
revising
the
expiration/
revocation
date
``
12/
31/
03''
to
read
``
12/
31/
05.''

§
180.480
[
Amended]


10.
In
§
180.480,
in
the
table
to
paragraph
(
b),
amend
the
entries
for
cattle,
fat;
cattle,
meat
byproducts;
cattle,
meat;
goat,
fat;
goat,
meat
byproducts;
goat,
meat;
grapefruit;
grapefruit,
dried
pulp;
grapefruit,
oil;
hog,
fat;
hog,
meat
byproducts;
hog,
meat;
horse,
fat;
horse,
meat
byproducts;
horse,
meat;
sheep,
fat;
sheep,
meat
byproducts;
sheep,
meat
by
revising
the
expiration/
revocation
date
``
12/
31/
03''
to
read.
``
12/
31/
05.''

§
180.510
[
Amended]


11.
In
§
180.510,
in
the
table
to
paragraph
(
b),
amend
the
entry
for
bean,
succulent
by
revising
the
expiration/
revocation
date
``
6/
30/
03''
to
read
``
6/
30/
05.''

§
180.515
[
Amended]


12.
In
§
180.515,
in
the
table
to
paragraph
(
b),
amend
the
entry
for
hop,
dried
cone
by
revising
the
expiration/
revocation
date
``
6/
30/
03''
to
read
``
6/
30/
05.''

§
180.516
[
Amended]


12.
In
§
180.516,
in
the
table
to
paragraph
(
b),
amend
the
entry
for
pomegrante
by
revising
the
expiration/
revocation
date
``
6/
30/
03''
to
read
``
6/
30/
06.''

§
180.544
[
Amended]


13.
In
§
180.544,
in
the
table
to
paragraph
(
b),
amend
the
entries
for
soybean,
aspirated
grain
fractions;
soybean,
forage;
soybean,
hay;
soybean,
refined
oil;
soybean,
seed
by
revising
the
expiration/
revocation
date
``
12/
31/
03''
to
read
``
12/
31/
05.''

§
180.557
[
Amended]


14.
In
§
180.515,
in
the
table
to
paragraph
(
b),
amend
the
entries
for
beet,
sugar,
dried
pulp;
beet,
sugar,
molasses;
beet,
sugar,
roots;
beet,
sugar,
tops;
cattle,
fat;
cattle,
kidney;
cattle,
liver;
cattle,
meat;
cattle,
meat
byproducts,
except
kidney
and
liver;
and
milk
by
revising
the
expiration/
revocation
date
``
12/
31/
03''
to
read
``
12/
31/
05.''
[
FR
Doc.
03
 
15906
Filed
6
 
24
 
03;
8:
45
am]

BILLING
CODE
6560
 
50
 
S
ENVIRONMENTAL
PROTECTION
AGENCY
40
CFR
Part
180
[
OPP
 
2003
 
0136;
FRL
 
7310
 
7]

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

SUMMARY:
This
regulation
establishes
tolerances
for
residues
of
buprofezin
in
or
on
bean,
snap,
succulent;
logan;
lychee;
pistachio;
pulasan;
rambutan;,
and
spanish
lime.
Interregional
Research
Project
Number
4
(
IR­
4)
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
25,
2003.
Objections
and
requests
for
hearings,
identified
by
docket
ID
number
OPP
 
2003
 
0136,
must
be
received
on
or
before
August
25,
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
VI.
of
the
SUPPLEMENTARY
INFORMATION.
FOR
FURTHER
INFORMATION
CONTACT:
By
mail:
Shaja
R.
Brothers,
Registration
Division
(
7050C),
Office
of
Pesticide
Programs,
Environmental
Protection
Agency,
1200
Pennsylvania
Ave.,
NW.,
Washington,
DC
20460
 
0001;
telephone
number:
(
703)
308
 
3194;
e­
mail
address:
brothers.
shaja@
epa.
gov@
epa.
gov.
SUPPLEMENTARY
INFORMATION:

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

You
may
be
potentially
affected
by
this
action
if
you
are
an
agricultural
producer,
food
manufacturer,
and
pesticide
manufacturer.
Potentially
affected
entities
may
include,
but
are
not
limited
to:
 
Crop
production
(
NAICS
111)
 
Animal
production
(
NAICS
112)
 
Food
manufacturing
(
NAICS
311)
 
Pesticide
manufacturing
(
NAICS
32532)
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
 
2003
 
0136.
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
In
the
Federal
Register
of
March
26,
2003
(
68
FR
14619)
(
FRL
 
7295
 
8),
EPA
issued
a
notice
pursuant
to
section
408
VerDate
Jan<
31>
2003
15:
29
Jun
24,
2003
Jkt
200001
PO
00000
Frm
00073
Fmt
4700
Sfmt
4700
E:\
FR\
FM\
25JNR1.
SGM
25JNR1
