

[Federal Register: December 20, 2006 (Volume 71, Number 244)]
[Rules and Regulations]               
[Page 76197-76200]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20de06-19]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2006-0942; FRL-8105-4]

 
Extension of Tolerances for Emergency Exemptions (Multiple 
Chemicals)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation extends time-limited tolerances for the 
pesticides listed in this document. 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 December 20, 2006. Objections and 
requests for hearings must be received on or before February 20, 2007, 
and must be filed in accordance with the instructions provided in 40 
CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

ADDRESSES: EPA has established a docket for this action under docket 
identification (ID) number EPA-HQ-OPP-2006-0942. All documents in the 
docket are listed on the regulations.gov website. Although listed in 
the index, some information is not publicly available, e.g., 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Certain other material, such as 
copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either in the electronic docket at http://www.regulations.gov
, or, if only available in hard copy, at the Office 

of Pesticide Programs (OPP) Regulatory Public Docket, Rm. S-4400, One 
Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The 
hours of operation of this Docket Facility are from 8:30 a.m. to 4 
p.m., Monday through Friday, excluding legal holidays. The Docket 
Facility telephone number is (703) 305-5805.

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 
(7505P), Office of Pesticide Programs, Environmental Protection Agency, 
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001.


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           Pesticide/CFR section                   Contact person
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Acibenzolar-S-methyl, 180.561               Libby Pemberton
Mancozeb, 180.176.........................  pemberton.libby@epa.gov
                                            (703) 308-9364
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Bifenthrin, 180.442                         Andrea Conrath
Thiophanate-methyl, 180.371...............  conrath.andrea@epa.gov
                                            (703) 308-9356
------------------------------------------------------------------------
Flufenacet, 180.527                         Andrew Ertman
Propyzamide, 180.317......................  ertman.andrew@epa.gov
                                            (703) 308-9367
------------------------------------------------------------------------
Zoxamide, 180.567                           Stacey Groce
                                            groce.stacey@epa.gov
                                            (703) 305-2505
------------------------------------------------------------------------


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 code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 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 one of the persons listed in the table under FOR 
FURTHER INFORMATION CONTACT.

 B. How Can I Access Electronic Copies of this Document?

    In addition to accessing an electronic copy of this Federal 
Register document through the electronic docket at http://www.regulations.gov
, you may access this Federal Register document 

electronically through the EPA Internet under the ``Federal Register'' 
listings at http://www.epa.gov/fedrgstr. You may also access a 

frequently updated electronic version of 40 CFR part 180 through the 
Government Printing Office's pilot e-CFR site at http://www.gpoaccess.gov/ecfr
.


C. Can I File an Objection or Hearing Request?

    Under section 408(g) of FFDCA, as amended by the Food Quality 
Protection Act of 1996 (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. You 
must file your objection or request a hearing on this regulation in 
accordance with the instructions provided in 40 CFR part 178. To ensure 
proper receipt by EPA, you must identify docket ID number EPA-HQ-OPP-
2006-0942 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 20, 2007.
    In addition to filing an objection or hearing request with the 
Hearing Clerk as described in 40 CFR part 178, please

[[Page 76198]]

submit a copy of the filing that does not contain any CBI for inclusion 
in the public docket that is described in ADDRESSES. Information not 
marked confidential pursuant to 40 CFR part 2 may be disclosed publicly 
by EPA without prior notice. Submit your copies, identified by docket 
ID number EPA-HQ-OPP-2006-0942, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 

Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public 
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania 
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P), 
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South 
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only 
accepted during the Docket's normal hours of operation (8:30 a.m. to 4 
p.m., Monday through Friday, excluding legal holidays). Special 
arrangements should be made for deliveries of boxed information. The 
Docket Facility telephone number is (703) 305-5805.

II. Background and Statutory Findings

    EPA published final rules in the Federal Register for each 
pesticide listed in this document. The initial issuance of these final 
rules announced that EPA, on its own initiative, under section 408 of 
FFDCA, 21 U.S.C. 346a, as amended by FQPA (Public Law 104-170) was 
establishing time-limited tolerances.
    EPA established the tolerances because section 408(l)(6) of 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 pesticide. 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 time-limited 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 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. Acibenzolar-S-methyl. EPA has authorized under FIFRA section 18 
the use of acibenzolar-S-methyl on onions for control of onion thrips, 
a vector of iris yellow spot virus in Colorado. This regulation extends 
time-limited tolerances for residues of acibenzolar-S-methyl 
(benzo(1,2,3)thiadiazole-7-carbothioic acid-S-methyl ester) in or on 
onion, dry bulb and onion, green at 0.05 parts per million (ppm) for an 
additional 2[frac12]-year period. These tolerances will expire and are 
revoked on December 31, 2009. Time-limited tolerances were originally 
published in the Federal Register of February 16, 2005 (70 FR 7854) 
(FRL-7697-8).
    2. Bifenthrin. EPA has authorized under FIFRA section 18 the use of 
bifenthrin on orchardgrass for control of the orchardgrass billbug in 
Oregon. This regulation extends time-limited tolerances for residues of 
the insecticide bifenthrin in or on orchardgrass, forage and 
orchardgrass, hay at 0.05 ppm for an additional 2[frac12]-year period. 
These tolerances will expire and are revoked on December 31, 2009. 
Time-limited tolerances were originally published in the Federal 
Register of July 26, 2002 (67 FR 48790) (FRL-7187-8).
    3. Flufenacet. EPA has authorized under FIFRA section 18 the use of 
flufenacet on winter wheat for control of Italian ryegrass in Idaho, 
Oregon, and Washington. This regulation extends time-limited tolerances 
for combined residues of the herbicide N-(4-fluorophenyl)-N-(1-
methylethyl)-2-[[-(trifluoromethyl)-1,3,4-thiadiazol-2-yl]oxy]acetamide 
and its metabolites (containing the 4-fluoro-N-methylethyl benzenamine) 
in or on wheat, grain at 1 ppm; wheat, forage at 10 ppm; wheat, hay at 
2 ppm; wheat, straw at 0.50 ppm; meat, kidney at 0.50 ppm; fat of 
cattle, goat, horse, hog, and sheep at 0.05 ppm; and meat byproducts 
(other than kidney) of cattle, goat, horse, hog, and sheep at 0.10 ppm 
for an additional 2[frac12]-year period. These tolerances will expire 
and are revoked on December 31, 2009. Time-limited tolerances were 
originally published in the Federal Register of August 6, 1999 (64 FR 
42839) (FRL-6091-9).
    4. Mancozeb. EPA has authorized under FIFRA section 18 the use of 
mancozeb on ginseng for control of stem and leaf blight in Michigan and 
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, root at 2.0 ppm for an additional 3-year period. This 
tolerance will expire and is revoked on December 31, 2009. A time-
limited tolerance was originally published in the Federal Register of 
October 9, 1998 (63 FR 54362) (FRL-6029-5).
    5. Propyzamide. EPA has authorized under FIFRA section 18 the use 
of propyzamide on cranberries for control of dodder in Massachusetts, 
New Jersey, and Rhode Island. This regulation extends a time-limited 
tolerance for combined residues of the herbicide propyzamide and its 
metabolites (containing the 3,5-dichlorobenzoyl moiety and calculated 
as 3,5-dichloro-N-(1,1-dimethyl-2-propynyl)benzamide) in or on 
cranberry at 0.05 ppm for an additional 3-year period. This tolerance 
will expire and is revoked on December 31, 2009. A time-limited 
tolerance was originally published in the Federal Register of September 
16, 1998 (63 FR 49479) (FRL-6022-5).
    6. Thiophanate-methyl. EPA has authorized under FIFRA section 18 
the use of thiophanate-methyl on blueberry for control of various 
fungal diseases in a number of States, including Connecticut, Indiana, 
Michigan, New Jersey, New York, Ohio, and Pennsylvania. This regulation 
extends a time-limited tolerance for combined residues of the fungicide 
thiophanate-methyl and its metabolite, methyl 2-benzimidazoyl carbamate 
(MBC), in or on blueberry at 1.5 ppm for an

[[Page 76199]]

additional 2[frac12]-year period. This tolerance will expire and is 
revoked on December 31, 2009. A time-limited tolerance was originally 
published in the Federal Register of September 12, 2002 (67 FR 57748) 
(FRL-7196-5).
    7. Thiophanate-methyl. EPA has authorized under FIFRA section 18 
the use of thiophanate-methyl on citrus for control of post-bloom fruit 
drop in Florida and Louisiana. This regulation extends a time-limited 
tolerance for combined residues of the fungicide thiophanate-methyl and 
its metabolite, MBC, in or on citrus at 0.5 ppm for an additional 
2[frac12]-year period. This tolerance will expire and is revoked on 
December 31, 2009. A time-limited tolerance was originally published in 
the Federal Register of September 12, 2002 (67 FR 57748) (FRL-7196-5).
    8. Zoxamide. EPA has authorized under FIFRA section 18 the use of 
zoxamide on ginseng for control of phytophthora blight in Michigan and 
Wisconsin. This regulation extends a time-limited tolerance for 
residues of the fungicide zoxamide (3,5-dichloro-N-(3-chloro-1-ethyl-1-
methyl-2-oxopropyl)-4-methylbenzamide) in or on ginseng at 0.06 ppm for 
an additional 3-year period. This tolerance will expire and is revoked 
on December 31, 2009. A time-limited tolerance was originally published 
in the Federal Register of March 31, 2004 (69 FR 16800) (FRL-7349-3).

III. Statutory and Executive Order Reviews

    This final rule establishes time-limited tolerances under section 
408 of 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 final rule has been exempted from review under Executive 
Order 12866 due to its lack of significance, this final rule is not 
subject to Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use (66 FR 28355, 
May 22, 2001). This final rule does not contain any information 
collections subject to OMB approval under the Paperwork Reduction Act 
(PRA), 44 U.S.C. 3501 et seq., or impose any enforceable duty or 
contain any unfunded mandate as described under Title II of the 
Unfunded Mandates Reform Act of 1995 (UMRA) (Public Law 104-4). Nor 
does it require any special considerations 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 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 FFDCA. 
For these same reasons, the Agency has determined that this final 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 final 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 final rule.

IV. 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 final 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 6, 2006.
Donald R. Stubbs,
Acting Director, Registration Division, Office of Pesticide Programs.

0
Therefore, 40 CFR chapter I is amended as follows:

PART 180--[AMENDED]

0
1. The authority citation for part 180 continues to read as follows:

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


Sec.  180.176  [Amended]

0
2. In Sec.  180.176, in the table to paragraph (b), amend the entry 
ginseng, root by removing the expiration date ``12/31/06'' and adding 
in its place ``12/31/09.''


Sec.  180.317  [Amended]

0
3. In Sec.  180.317, in the table to paragraph (b), amend the entry

[[Page 76200]]

cranberry by removing the expiration date ``12/31/06'' and adding in 
its place ``12/31/09.''


Sec.  180.371  [Amended]

0
4. In Sec.  180.371, in the table to paragraph (b), amend the entries 
blueberry and citrus by removing the expiration date ``6/30/07'' and 
adding in its place ``12/31/09.''


Sec.  180.442  [Amended]

0
5. In Sec.  180.442, in the table to paragraph (b), amend the entries 
orchardgrass, forage and orchardgrass, hay by removing the expiration 
date ``6/30/07'' and adding in its place ``12/31/09.''


Sec.  180.527  [Amended]

0
6. In Sec.  180.527, in the table to paragraph (b), amend the entries 
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 by removing the expiration date ``6/30/
07'' and adding in its place ``12/31/09.''


Sec.  180.561  [Amended]

0
7. In Sec.  180.561, in the table to paragraph (b), amend the entries 
onion, dry bulb and onion, green by removing the expiration date ``6/
30/07'' and adding in its place ``12/31/09.''


Sec.  180.567  [Amended]

0
8. In Sec.  180.567, in the table to paragraph (b), amend the entry 
ginseng by removing the expiration date ``12/31/06'' and adding in its 
place ``12/31/09.''
[FR Doc. E6-21506 Filed 12-19-06; 8:45 am]

BILLING CODE 6560-50-S
