48299
Federal
Register
/
Vol.
68,
No.
156
/
Wednesday,
August
13,
2003
/
Rules
and
Regulations
67
ABA/
NAPM
Comments
at
2
 
3.
participants
with
sufficient
information
about
results
under
the
PRC
version
to
warrant
requiring
a
Postal
Service
witness
to
sponsor
the
results.
Institutional
discovery
and
technical
conferences
remain
available
to
participants.
Accordingly,
the
suggestion
will
not
be
adopted
at
this
time.
Finally,
ABA/
NAPM
request
that
the
Commission
clarify
that
the
proposed
amendment
to
rule
54(
a)(
1)
does
not
change
the
reporting
requirements
regarding
attribution
procedures,
but
rather
that
they
will
now
be
covered
by
rule
53(
c).
67
The
Commission
clarifies
that
ABA/
NAPM's
understanding
is
correct.

Conclusion
For
the
reasons
discussed
above,
the
Commission
hereby
amends
subparts
B
and
C
of
its
rules
of
practice
and
procedure
as
set
forth
below.
Any
suggestion
or
request
to
modify
the
Commission's
rules
raised
by
any
participant
not
specifically
addressed
herein
is
denied.
It
is
ordered:
1.
The
Commission
adopts
the
provisions
set
forth
below
as
final
rules
amending
39
CFR
3001.53,
54,
and
63.
2.
These
rules
will
take
effect
on
October
1,
2003.
3.
The
Secretary
shall
cause
this
notice
and
order
adopting
final
rule
to
be
published
in
the
Federal
Register.

By
the
Commission.
Dated:
August
7,
2003.
Garry
J.
Sikora,
Acting
Secretary.

List
of
Subjects
in
39
CFR
Part
3001
Administrative
practice
and
procedure,
Postal
Service.


For
the
reasons
stated
in
the
accompanying
order,
the
Commission
adopts
the
following
amendments
to
39
CFR
part
3001
 
Rules
of
Practice
and
Procedure
Subpart
B
 
Rules
Applicable
to
Requests
for
Changes
in
Rates
or
Fees
and
Subpart
C
 
Rules
Applicable
to
Requests
for
Establishing
or
Changing
the
Mail
Classification
Schedule
as
follows:

PART
3001
 
RULES
OF
PRACTICE
AND
PROCEDURE

1.
The
authority
citation
for
part
3001
continues
to
read
as
follows:

Authority:
39
U.
S.
C.
404(
b);
3603;
3622
 
24;
3661,
3662,
3663.

Subpart
B
 
Rules
Applicable
to
Requests
for
Changes
in
Rates
or
Fees

2.
Revise
§
3001.53
to
read
as
follows:
§
3001.53
Filing
of
prepared
direct
evidence.
(
a)
General
requirements.
Simultaneously
with
the
filing
of
the
formal
request
for
a
recommended
decision
under
this
subpart,
the
Postal
Service
shall
file
all
of
the
prepared
direct
evidence
upon
which
it
proposes
to
rely
in
the
proceeding
on
the
record
before
the
Commission
to
establish
that
the
proposed
changes
or
adjustments
in
rates
or
fees
are
in
the
public
interest
and
are
in
accordance
with
the
policies
and
the
applicable
criteria
of
the
Act.
Such
prepared
direct
evidence
shall
be
in
the
form
of
prepared
written
testimony
and
documentary
exhibits
which
shall
be
filed
in
accordance
with
§
3001.31.
(
b)
Overview
of
filing.
As
part
of
its
direct
evidence,
the
Postal
Service
shall
include
a
single
piece
of
testimony
that
provides
an
overview
of
its
filing,
including
identifying
the
subject
matter
of
each
witness's
testimony,
explaining
how
the
testimony
of
its
witnesses
interrelates,
and
describing
changes
in
cost
methodology,
volume
estimation,
or
rate
design,
as
compared
to
the
manner
in
which
they
were
calculated
by
the
Commission
to
develop
recommended
rates
and
fees
in
the
most
recent
general
rate
proceeding.
This
testimony
should
also
identify,
with
reference
to
the
appropriate
testimony,
each
witness
responsible
for
addressing
any
methodological
change
described
in
paragraph
(
c)
of
this
section.
(
c)
Proposed
changes.
As
part
of
its
direct
evidence,
the
Postal
Service
shall
submit
testimony
that
identifies
and
explains
each
material
change
in
cost
methodology,
volume
estimation,
or
rate
design,
compared
to
the
method
employed
by
the
Commission
in
the
most
recent
general
rate
proceeding.
This
requirement
shall
not
apply
to
any
such
change
adopted
by
the
Commission
in
an
intervening
proceeding.
The
testimony
required
in
this
paragraph
(
c)
shall
also
include
a
discussion
of
the
impact
of
each
such
change
on
the
levels
of
attributable
costs,
projected
volumes,
and
rate
levels.

3.
In
§
3001.54
paragraph
(
a)(
1)
is
revised
to
read
as
follows:

§
3001.54
Contents
for
formal
requests.
(
a)
General
requirements.
(
1)
Each
formal
request
filed
under
this
subpart
shall
include
such
information
and
data
and
such
statements
of
reasons
and
bases
as
are
necessary
and
appropriate
fully
to
inform
the
Commission
and
the
parties
of
the
nature,
scope,
significance,
and
impact
of
the
proposed
changes
or
adjustments
in
rates
or
fees
and
to
show
that
the
changes
or
adjustments
in
rates
or
fees
are
in
the
public
interest
and
in
accordance
with
the
policies
of
the
Act
and
the
applicable
criteria
of
the
Act.
To
the
extent
information
is
available
or
can
be
made
available
without
undue
burden,
each
formal
request
shall
include
the
information
specified
in
paragraphs
(
b)
through
(
r)
of
this
section.
If
a
request
proposes
to
change
the
cost
attribution
principles
applied
by
the
Commission
in
the
most
recent
general
rate
proceeding
in
which
its
recommended
rates
were
adopted,
the
Postal
Service's
request
shall
include
an
alternate
cost
presentation
satisfying
paragraph
(
h)
of
this
section
that
shows
what
the
effect
on
its
request
would
be
if
it
did
not
propose
changes
in
attribution
principles.
*
*
*
*
*

Subpart
C
 
Rules
Applicable
to
Requests
for
Establishing
or
Changing
the
Mail
Classification
Schedule

4.
Revise
§
3001.63
to
read
as
follows:

§
3001.63
Filing
of
prepared
direct
evidence.

(
a)
General
requirements.
Simultaneously
with
the
filing
of
the
formal
request
for
a
recommended
decision
under
this
subpart,
the
Postal
Service
shall
file
all
of
the
prepared
direct
evidence
upon
which
it
proposes
to
rely
in
the
proceeding
on
the
record
before
the
Commission
to
establish
that
the
mail
classification
schedule
or
changes
therein
proposed
by
the
Postal
Service
are
in
accordance
with
the
policies
and
the
applicable
criteria
of
the
Act.
Such
prepared
direct
evidence
shall
be
in
the
form
of
prepared
written
testimony
and
documentary
exhibits
which
shall
be
filed
in
accordance
with
§
3001.31.
(
b)
Requests
affecting
more
than
one
subclass.
Each
formal
request
filed
under
this
subpart
affecting
more
than
one
subclass
or
special
service
is
subject
to
the
requirements
of
§
3001.53(
b)
and
(
c).

[
FR
Doc.
03
 
20566
Filed
8
 
12
 
03;
8:
45
am]

BILLING
CODE
7710
 
FW
 
P
ENVIRONMENTAL
PROTECTION
AGENCY
40
CFR
Part
180
[
OPP
 
2003
 
0180;
FRL
 
7315
 
9]

Tralkoxydim;
Time­
Limited
Pesticide
Tolerance
AGENCY:
Environmental
Protection
Agency
(
EPA).

VerDate
jul<
14>
2003
15:
39
Aug
12,
2003
Jkt
200001
PO
00000
Frm
00049
Fmt
4700
Sfmt
4700
E:\
FR\
FM\
13AUR1.
SGM
13AUR1
48300
Federal
Register
/
Vol.
68,
No.
156
/
Wednesday,
August
13,
2003
/
Rules
and
Regulations
ACTION:
Final
rule.

SUMMARY:
This
regulation
establishes
a
time­
limited
tolerance
for
residues
of
tralkoxydim
in
or
on
barley,
grain;
barley,
hay;
barley,
straw;
wheat,
forage;
wheat,
grain;
wheat,
hay;
wheat,
straw.
Syngenta
Crop
Protection,
Inc.
requested
this
tolerance
under
the
Federal
Food,
Drug,
and
Cosmetic
Act
(
FFDCA),
as
amended
by
the
Food
Quality
Protection
Act
of
1996
(
FQPA).
The
tolerance
will
expire
on
May
1,
2005.
DATES:
This
regulation
is
effective
August
13,
2003.
Objections
and
requests
for
hearings,
identified
by
docket
ID
number
OPP
 
2003
 
0180,
must
be
received
on
or
before
October
14,
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:
Jim
Tompkins,
Registration
Division
(
7505C),
Office
of
Pesticide
Programs,
Environmental
Protection
Agency,
1200
Pennsylvania
Ave.,
NW.,
Washington,
DC
20460
 
0001;
telephone
number:
703
305
5697;
e­
mail
address:
tompkins.
jim@
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,
or
pesticide
manufacturer.
Potentially
affected
entities
may
include,
but
are
not
limited
to:
 
Crop
production
(
NAICS
111)
 
Animal
production
(
NAICS
112)
 
Food
manufacturer
(
NAICS
311)
 
Pesticide
manufacturer
(
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.
To
determine
whether
you
or
your
business
may
be
affected
by
this
action,
you
should
carefully
examine
the
applicability
provisions
in
Unit
II.
of
this
preamble.
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
 
0180.
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/
40cf
r180_
00.
html,
a
beta
site
currently
under
development.
To
access
the
OPPTS
Harmonized
Guidelines
referenced
in
this
document,
go
directly
to
the
guidelines
at
http://
www.
epa.
gov/
opptsfrs/
home/
guidelin.
htm.
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
21,
2003
(
68
FR
13920
 
13924)
(
FRL
 
7295
 
5),
EPA
issued
a
notice
pursuant
to
section
408
of
the
FFDCA,
21
U.
S.
C.
346a,
as
amended
by
the
FQPA
(
Public
Law
104
 
170),
announcing
the
filing
of
a
pesticide
petition
(
PP
6F4631)
by
Sygenta
Crop
Protection,
Inc,
P.
O.
Box
18300,
Greensboro,
N.
C,
27419
 
8300.
This
notice
included
a
summary
of
the
petition
prepared
by
Syngenta
Crop
Protection,
the
registrant.
There
were
no
comments
received
in
response
to
the
notice
of
filing.
The
petition
requested
that
40
CFR
180.548
be
amended
by
establishing
a
tolerance
for
residues
of
the
herbicide
tralkoxydim,
2­(
Cyclohexen­
1­
one,
2­[
1­
(
ethoxyimino)
propyl]­
3­
hydroxyl­
5­
(
2,4,6­
trimethylphenyl)­(
9Cl),
in
or
on
barley,
grain
at
0.02
parts
per
million
(
ppm)
;
barley,
hay
at
0.02
ppm;
barley,
straw
at
0.05
ppm;
wheat,
forage
at
0.05
ppm;
wheat,
grain
at
0.02
ppm;
wheat,
hay
at
0.02
ppm;
and
wheat,
straw
at
0.05
ppm.
The
tolerance
will
expire
on
May
1,
2005.
Section
408(
b)(
2)(
A)(
i)
of
the
FFDCA
allows
EPA
to
establish
a
tolerance
(
the
legal
limit
for
a
pesticide
chemical
residue
in
or
on
a
food)
only
if
EPA
determines
that
the
tolerance
is
``
safe.''
Section
408(
b)(
2)(
A)(
ii)
of
the
FFDCA
defines
``
safe''
to
mean
that
``
there
is
a
reasonable
certainty
that
no
harm
will
result
from
aggregate
exposure
to
the
pesticide
chemical
residue,
including
all
anticipated
dietary
exposures
and
all
other
exposures
for
which
there
is
reliable
information.''
This
includes
exposure
through
drinking
water
and
in
residential
settings,
but
does
not
include
occupational
exposure.
Section
408(
b)(
2)(
C)
of
the
FFDCA
requires
EPA
to
give
special
consideration
to
exposure
of
infants
and
children
to
the
pesticide
chemical
residue
in
establishing
a
tolerance
and
to
``
ensure
that
there
is
a
reasonable
certainty
that
no
harm
will
result
to
infants
and
children
from
aggregate
exposure
to
the
pesticide
chemical
residue....''
EPA
performs
a
number
of
analyses
to
determine
the
risks
from
aggregate
exposure
to
pesticide
residues.
For
further
discussion
of
the
regulatory
requirements
of
section
408
of
the
FFDCA
and
a
complete
description
of
the
risk
assessment
process,
see
the
final
rule
on
Bifenthrin
Pesticide
Tolerances
(
62
FR
62961,
November
26,
1997)
(
FRL
 
5754
 
7).

III.
Aggregate
Risk
Assessment
and
Determination
of
Safety
Consistent
with
section
408(
b)(
2)(
D)
of
the
FFDCA,
EPA
has
reviewed
the
available
scientific
data
and
other
relevant
information
in
support
of
this
action.
EPA
has
sufficient
data
to
assess
the
hazards
of
and
to
make
a
determination
on
aggregate
exposure,
consistent
with
section
408(
b)(
2)
of
the
FFDCA
,
for
a
tolerance
for
residues
of
tralkoxydim
on
barley,
grain
at
0.02
parts
per
million
(
ppm)
;
barley,
hay
at
0.02
ppm;
barley,
straw
at
0.05
ppm;

VerDate
jul<
14>
2003
15:
39
Aug
12,
2003
Jkt
200001
PO
00000
Frm
00050
Fmt
4700
Sfmt
4700
E:\
FR\
FM\
13AUR1.
SGM
13AUR1
48301
Federal
Register
/
Vol.
68,
No.
156
/
Wednesday,
August
13,
2003
/
Rules
and
Regulations
wheat,
forage
at
0.05
ppm;
wheat,
grain
at
0.02
ppm;
wheat,
hay
at
0.02
ppm;
and
wheat,
straw
at
0.05
ppm
EPA's
assessment
of
exposures
and
risks
associated
with
establishing
the
tolerance
was
discussed
in
the
Federal
Register
December
16,
1998
(
63
FR
69194
 
69200)
and
will
not
be
repeated
in
this
notice.

IV.
Conclusion
Therefore,
the
tolerance
is
established
for
residues
of
tralkoxydim,
2­
(
Cyclohexen­
1­
one,
2­[
1­(
ethoxyimino)
propyl]­
3­
hydroxyl­
5­(
2,4,6­
trimethylphenyl)­(
9Cl),
in
or
on
barley,
grain
at
0.02
ppm
;
barley,
hay
at
0.02
ppm;
barley,
straw
at
0.05
ppm;
wheat,
forage
at
0.05
ppm;
wheat,
grain
at
0.02
ppm;
wheat,
hay
at
0.02
ppm;
and
wheat,
straw
at
0.05
ppm
Due
to
the
second
species
carcinogenicity
study
data
gap:
EPA
believes
it
is
inappropriate
to
establish
permanent
tolerances
for
the
uses
of
tralkoxydim
at
this
time.
EPA
believes
that
the
existing
data
support
timelimited
tolerances
to
May
1,
2005.
Therefore,
time­
limited
tolerances
are
established
for
residues
of
the
herbicide,
tralkoxydim,
2­(
Cyclohexen­
1­
one,
2­[
1­
(
ethoxyimino)
propyl]­
3­
hydroxy­
5­
(
2,4,6­
trimethylphenyl)­(
9Cl),
in
or
on
the
raw
agricultural
commodities:
barley
grain,
barley
hay,
wheat
grain
and
wheat
hay
at
0.02
ppm,
and
barley
straw,
wheat
forage
and
wheat
straw
at
0.05
ppm.
These
time­
limited
tolerances
will
expire
and
be
revoked
on
May
1,
2005.

VI.
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),
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
 
2003
 
0180.
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
October
14,
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
VI.
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
 
0180.,
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
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).

VII.
Statutory
and
Executive
Order
Reviews
This
final
rule
establishes
a
tolerance
under
section
408(
d)
of
the
FFDCA
in
VerDate
jul<
14>
2003
15:
39
Aug
12,
2003
Jkt
200001
PO
00000
Frm
00051
Fmt
4700
Sfmt
4700
E:\
FR\
FM\
13AUR1.
SGM
13AUR1
48302
Federal
Register
/
Vol.
68,
No.
156
/
Wednesday,
August
13,
2003
/
Rules
and
Regulations
response
to
a
petition
submitted
to
the
Agency.
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
on
the
basis
of
a
petition
under
section
408(
d)
of
the
FFDCA,
such
as
the
tolerance
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
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.

VIII.
Congressional
Review
Act
The
Congressional
Review
Act,
5
U.
S.
C.
801et
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:
July
31,
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.


2.
Section
180.548
is
amended
by
revising
the
table
to
paragraph
(
a)
to
read
as
follows:

§
180.548
Tralkoxydim;
tolerances
for
residues.

(
a)
*
*
*

Commodity
Parts
per
million
Expiration/
revocation
date
Barley,
grain
.....
0.02
5/
1/
05
Barley,
hay
........
0.02
5/
1/
05
Barley,
straw
.....
0.05
5/
1/
05
Wheat,
forage
0.05
5/
1/
05
Wheat,
grain
.....
0.02
5/
1/
05
Wheat,
hay
.......
0.02
5/
1/
05
Wheat,
straw
.....
0.05
5/
1/
05
*
*
*
*
*

[
FR
Doc.
03
 
20433
Filed
8
 
12
 
03;
8:
45
am]

BILLING
CODE
6560
 
50
 
S
ENVIRONMENTAL
PROTECTION
AGENCY
40
CFR
Part
180
[
OPP
 
2003
 
0251;
FRL
 
7319
 
5]

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

SUMMARY:
This
regulation
establishes
a
tolerance
for
residues
of
hydramethylnon
in
or
on
pineapple.
BASF
requested
this
tolerance
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
August
13,
2003.
Objections
and
requests
for
hearings,
identified
by
docket
ID
number
OPP
 
2003
 
0251,
must
be
received
on
or
before
October
14,
2003.

VerDate
jul<
14>
2003
15:
39
Aug
12,
2003
Jkt
200001
PO
00000
Frm
00052
Fmt
4700
Sfmt
4700
E:\
FR\
FM\
13AUR1.
SGM
13AUR1
