64768 Federal Register / Vol. 66, No. 241 / Friday, December 14, 2001 / Rules and Regulations
(5) If a product is intended for or ENVIRONMENTAL PROTECTION under an emergency exemption granted involves foliar application to AGENCY by EPA. agricultural crops, forests or shade trees, DATES: This regulation is effective or mosquito abatement treatments, and 40 CFR Part 180 December 14, 2001. Objections and contains a pesticide toxic to pollinating [OPP–301194; FRL–6814–2] requests for hearings, identified by insects, the label must bear appropriate docket control number OPP–301194, label cautions. RIN 2070–AB78 must be received by EPA on or before (6) If a product is intended for January 14, 2002. Extension of Tolerances for outdoor use other than aquatic ADDRESSES: Written objections and Emergency Exemptions; Multiple hearing requests may be submitted by applications, the label must bear the Chemicals caution, ‘‘Keep out of lakes, ponds or mail, electronically, in person, or by streams. Do not contaminate water by AGENCY: Environmental Protection courier. Please follow the detailed cleaning of equipment or disposal of Agency (EPA). instructions for each method as provided in Unit III. of the wastes.’’ ACTION: Final rule. SUPPLEMENTARY INFORMATION. To ensure [FR Doc. 01–30820 Filed 12–13–01; 8:45 am] SUMMARY: This regulation extends time- proper receipt by EPA, your objections BILLING CODE 6560–50–S limited tolerances for the various and hearing requests must identify pesticides listed in this document. docket control number OPP–301194 in These actions are in response to EPA’s the subject line on the first page of your granting of emergency exemptions response. under section 18 of the Federal FOR FURTHER INFORMATION CONTACT: See Insecticide, Fungicide, and Rodenticide the listing below for the name of a Act (FIFRA) authorizing use of these specific contact person. The following pesticides. Section 408(l)(6) of the information applies to all contact Federal Food, Drug, and Cosmetic Act persons: Emergency Response Team, (FFDCA) requires EPA to establish a Registration Division (7505C), Office of time-limited tolerance or exemption Pesticide Programs, Environmental from the requirement for a tolerance for Protection Agency, 1200 Pennsylvania pesticide chemical residues in food that Ave., NW., Washington, DC 20460; will result from the use of a pesticide telephone number: (703) 308–9366.
Pesticide/CFR cite Contact person
Maneb, 180.110 Libby Pemberton Zinc phosphide, 180.284 [email protected] Clopyralid, 180.431 Propiconazole, 180.434 Fenpropathrin, 180.466 Imazapic-ammonium, 180.490
Avermectin, 180.449 Dan Rosenblatt Difenoconazole, 180.475 [email protected]
Carboxin, 180.301 Andrew Ertman Propyzamide, 180.317 [email protected] Metolachlor, 180.368 Metsulfuron-methyl, 180.428 Bifenthrin, 180.442 HOE 107892, 180.509 Fludioxonil, 180. 516
Fenbuconazole, 40 CFR 180.480 Shaja R. Brothers brothers.shaja @epa.gov
Cyprodinil, 180.532 Stephen Schaible Desmidipham, 180.353 [email protected]
Mancozeb, 180.176 Meredith Laws Thiabendazole, 180.242 [email protected] Emamectin benzoate, 180.505
Tebuconazole, 180.474 Andrea Conrath [email protected]
SUPPLEMENTARY INFORMATION: I. General Information manufacturer. Potentially affected categories and entities may include, but A. Does this Action Apply to Me? are not limited to: You may be affected by this action if you are an agricultural producer, food manufacturer, or pesticide
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for inspection in the Public Information the tolerance was in place at the time of NAICS Examples of Categories codes potentially affected and Records Integrity Branch (PIRIB), the application, and the residue does entities Rm. 119, Crystal Mall #2, 1921 Jefferson not exceed the level that was authorized Davis Hwy., Arlington, VA, from 8:30 by the tolerance. EPA will take action to Industry 111 Crop production 112 Animal production a.m. to 4 p.m., Monday through Friday, revoke these tolerances earlier if any 311 Food manufacturing excluding legal holidays. The PIRIB experience with, scientific data on, or 32532 Pesticide manufac- telephone number is (703) 305–5805. other relevant information on this turing II. Background and Statutory Findings pesticide indicate that the residues are not safe. EPA published final rules in the Tolerances for the use of the following This listing is not intended to be Federal Register for each chemical/ exhaustive, but rather provides a guide pesticide chemicals on specific commodity listed in this document. The commodities are being extended: for readers regarding entities likely to be initial issuance of these final rules Avermectin. EPA has authorized affected by this action. Other types of announced that EPA, on its own under FIFRA section 18 the use of entities not listed in the table could also initiative, under FFDCA section 408 , 21 be affected. The North American U.S.C. 346a, as amended by the Food avermectin on spinach for control of Industrial Classification System Quality Protection Act of 1996 (FQPA) leafminers in California. This regulation (NAICS) codes have been provided to (Public Law 104–170) was establishing extends a time-limited tolerance for assist you and others in determining time-limited tolerances. combined residues of the insecticide whether or not this action might apply EPA established the tolerances avermectin, a mixture of avermectins to certain entities. If you have questions because FFDCA section 408(l)(6) containing greater than or equal to 80% regarding the applicability of this action requires EPA to establish a time-limited avermectin B1a (5-0-demethyl to a particular entity, consult one of the tolerance or exemption from the avermectin A1) and less than or equal persons listed under FOR FURTHER requirement for a tolerance for pesticide to 20% avermectin B1b (5-0-demethyl- INFORMATION CONTACT. chemical residues in food that will 25-de(1-methylpropyl)-25-(1- result from the use of a pesticide under methylethyl) avermectin A1 and its B. How Can I Get Additional delta 8,9-isomer in or on spinach at 0.05 Information, Including Copies of this an emergency exemption granted by EPA under FIFRA section 18. Such parts per million (ppm) for an Document and Other Related additional 1–year period. This tolerance Documents? tolerances can be established without providing notice or time for public will expire and is revoked on December 1. Electronically. You may obtain comment. 31, 2003. A time-limited tolerance was electronic copies of this document, and EPA received requests to extend the originally published in the Federal certain other related documents that use of these chemicals for this year’s Register on August 19, 1997 (62 FR might be available electronically, from growing season. After having reviewed 44089) (FRL–5737–1). the EPA Internet Home Page at http:// these submissions, EPA concurs that Avermectin. EPA has authorized www.epa.gov/. To access this emergency conditions exist. EPA under FIFRA section 18 the use of document, on the Home Page select assessed the potential risks presented by avermectin on avocado for control of ‘‘Laws and Regulations,’’ ‘‘Regulations residues for each chemical/commodity. thrips in California. This regulation and Proposed Rules,’’ and then look up In doing so, EPA considered the safety extends a time-limited tolerance for the entry for this document under the standard in FFDCA section 408(b)(2), combined residues of the insecticide ‘‘Federal Register—Environmental and decided that the necessary tolerance avermectin, a mixture of avermectins Documents.’’ You can also go directly to under FFDCA section 408(l)(6) would be containing greater than or equal to 80% the Federal Register listings at http:// consistent with the safety standard and avermectin B1a (5-0-demethyl www.epa.gov/fedrgstr/. A frequently with FIFRA section 18. avermectin A1) and less than or equal updated electronic version of 40 CFR The data and other relevant material to 20% avermectin B1b (5-0-demethyl- part 180 is available at http:// have been evaluated and discussed in 25-de(1-methylpropyl)-25-(1- www.access.gpo.gov/nara/cfr/ the final rule originally published to methylethyl) avermectin A1 and its cfrhtml_00 /Title_40/40cfr180_00.html, support these uses. Based on that data delta 8,9-isomer in or on avocado at 0.02 a beta site currently under development. and information considered, the Agency ppm for an additional 1–year period. 2. In person. The Agency has reaffirms that extension of these time- This tolerance will expire and is established an official record for this limited tolerances will continue to meet revoked on December 31, 2003. A time- action under docket control number the requirements of FFDCA section limited tolerance was originally OPP–301194. The official record 408(l)(6). Therefore, the time-limited published in the Federal Register on consists of the documents specifically tolerances are extended until the date April 7, 1999 (64 FR 16843) (FRL–6070– referenced in this action, and other listed in this document. EPA will 6). information related to this action, publish a document in the Federal Bifenthrin. EPA has authorized under including any information claimed as Register to remove the revoked FIFRA section 18 the use of bifenthrin Confidential Business Information (CBI). tolerances from the Code of Federal on peanuts for control of spider mites in This official record includes the Regulations (CFR). Although these Oklahoma. This regulation extends a documents that are physically located in tolerances will expire and are revoked time-limited tolerance for residues of the docket, as well as the documents on the date listed, under FFDCA section the insecticide bifenthrin ((2-methyl that are referenced in those documents. 408(l)(5), residues of the pesticide not in [1,1’-biphenyl]-3-yl) methyl-3-(2-chloro- The public version of the official record excess of the amounts specified in the 3,3,3-trifluoro-1-propenyl)-2- does not include any information tolerance remaining in or on the dimethylcyclopropanecarboxylate) in or claimed as CBI. The public version of commodity after that date will not be on peanuts, nutmeats at 0.05 ppm for an the official record, which includes unlawful, provided the residue is additional 2–year period. This tolerance printed, paper versions of any electronic present as a result of an application or will expire and is revoked on December comments submitted during an use of a pesticide at a time and in a 31, 2003. A time-limited tolerance was applicable comment period is available manner that was lawful under FIFRA, originally published in the Federal
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Register on January 25, 2000 (65 FR time-limited tolerances for residues of benzyl 2,2,3,3- 3860) (FRL–6485–2). the fungicide difenoconazole (1-((2-(2- tetramethylcyclopropanecarboxylate) in Carboxin. EPA has authorized under chloro-4-(4-chlorophenoxy)phenyl)-4- or on currants at 15 ppm for an FIFRA section 18 the use of carboxin on methyl-1,3-dioxolan-2-yl)methyl)-1H- additional 2–year period. This tolerance onion seed for control of onion smut in 1,2,4-triazole) in or on corn, sweet will expire and is revoked on December California. This regulation extends a (kernel + corn with husk removed); 31, 2003. A time-limited tolerance was time-limited tolerance for combined corn, sweet, forage; and corn, sweet, originally published in the Federal residues of the fungicide carboxin (5,6- stover at 0.1 ppm for an additional 1– Register on July 14, 1997 (62 FR 37516) dihydro-2-meth-yl-1,4-oxathiin-3- year period. These tolerances will (FRL–5731–3). carboxanilide) and its metabolite 5,6- expire and are revoked on December 31, Fludioxonil. EPA has authorized dihydro-3-carboxanilide-2-methyl-1,4- 2003. Time-limited tolerances were under FIFRA section 18 the use of oxathiin-4-oxide (calculated as originally published in the Federal fludioxonil on apricots, nectarines, carboxin) in or on onions, dry bulb at Register on September 1, 1999 (64 FR peaches, and plums for control of brown 0.2 ppm for an additional 2–year period. 47680) (FRL–6094–3). rot, gray mold rot, and Rhizopus rot in This tolerance will expire and is Emamectin benzoate. EPA has Alabama, California, Georgia, New revoked on December 31, 2003. A time- authorized under FIFRA section 18 the Jersey, Oregon, and South Carolina. This limited tolerance was originally use of emamectin benzoate on cotton for regulation extends time-limited published in the Federal Register on control of beet armyworm and tobacco tolerances for residues of the fungicide February 3, 1997 (62 FR 4911) (FRL– budworm in Arkansas, Louisiana, fludioxonil 4-(2,2-difluoro-1,3- 5584–5). Mississippi, New Mexico, Oklahoma, benzodioxol-4-yl)-1H-pyrrole-3- Clopyralid. EPA has authorized under and Texas. This regulation extends carbonitrile in or on apricots, FIFRA section 18 the use of clopyralid time-limited tolerances for residues of nectarines, peaches, and plums at 5.0 on flax for control of Canada thistle and the insecticide emamectin benzoate: 4’- ppm for an additional 2–year period. perennial sowthistle in North Dakota. epi-methylamino-4’-deoxyavermectin These tolerances will expire and are This regulation extends a time-limited B1 benzoate in or on cotton gin revoked on December 31, 2003. Time- tolerance for residues of the herbicide byproduct at 0.025 ppm; cotton hulls at limited tolerances were originally clopyralid (3,6-dichloro-2- 0.004 ppm; cotton meal at 0.002 ppm; published in the Federal Register on pyridinecarboxylic acid) in or of flax see cottonseed at 0.002 ppm; cottonseed oil June 24, 1998 (63 FR 34304) (FRL– at 0.5 ppm for an additional 2–year at 0.006 ppm; meat, fat; meat byproduct 5797–5). period. This tolerance will expire and is of cattle, goats, hogs, and sheep at 0.002 HOE-107892 (mefenpyr-diethyl). EPA revoked on December 31, 2003. A time- ppm; and milk for an additional 1–year has authorized under FIFRA section 18 limited tolerance was originally period. These tolerances will expire and the use of HOE-107892 on wheat and published in the Federal Register on are revoked on December 31, 2002. barley for control of foxtail in Montana November 17, 1999 (64 FR 62588) (FRL– Time-limited tolerances were originally and North Dakota. This regulation 6388–5). published in the Federal Register on extends time-limited tolerances for Cyprodinil. EPA has authorized under January 12, 2000 (65 FR 1796) (FRL– residues of the the inert ingredient, FIFRA section 18 the use of cyprodinil 6398–5). herbicide safener HOE-107892 and its on caneberries for control of gray mold Fenbuconazole. EPA has authorized metabolites HOE-113225, HOE-109453, in Oregon and Washington. This under FIFRA section 18 the use of and HOE-094270 in or on barley grain regulation extends a time-limited (alpha-[2-4-chlorophenyl)-ethyl]alpha- at 0.05 ppm, barley hay at 0.5 ppm, tolerance for residues of the fungicide phenyl-3-(1H-1,2,4-triazole)-1- barley straw at 0.1 ppm, and the cyprodinil in or on caneberries at 10 propanenitrile on grapefruit for control processed by-products of barley grain: ppm for an additional 2–year period. of greasy spot in Florida. This regulation pearled barley at 1.0 ppm, bran at 0.4 This tolerance will expire and is extends time-limited tolerances for ppm, and flour at 0.1 ppm and wheat revoked on December 31, 2003. A time- combined residues of the fungicide grain at 0.01 ppm and wheat straw at limited tolerance was originally (alpha-[2-4-chlorophenyl)-ethyl]alpha- 0.05 ppm for an additional 2–year published in the Federal Register on phenyl-3-(1H-1,2,4-triazole)-1- period. These tolerances will expire and June 30, 1999 (64 FR 35032) (FRL– propanenitrile and its metabolites cis -5- are revoked on December 31, 2003. 6086–3). (4-chlorophenyl)-dihydro-3-phenyl-3- Time-limited tolerances were originally Desmedipham. EPA has authorized (1H-1,2,4-triazole-1-ylmethyl)-2-3H- published in the Federal Register on under FIFRA section 18 the use of furanone and trans-5(4- August 8, 1997 (wheat) (62 FR 42678) desmidipham on garden beets for chlorophenyl)dihydro-3-phenyl-3- (FRL–5731–7) and September 9, 1998 control of various weed pests in New (1H1,2,4-triazole-1-ylmethyl-2-3H- (barley) (63 FR 48116) (FRL–6024–7). York. This regulation extends a time- furanone in or on fat of cattle, goats, Imazapic-ammonium. EPA has limited tolerance for residues of the hogs, horses, and sheep at 0.01 ppm for authorized under FIFRA section 18 the herbicide desmedipham in or on red an additional 2–year period. These use of imazapic-ammonium on pasture/ beet roots at 0.2 ppm and red beet tops tolerances will expire and are revoked rangeland and land in the conservation at 15 ppm for an additional 2–year on December 31, 2003. Time-limited reserve program for control of leafy period. These tolerances will expire and tolerances were originally published in spurge in Colorado, Montana, Nebraska, are revoked on December 31, 2003. the Federal Register on July 26, 2000 North Dakota, and South Dakota. This Time-limited tolerances were originally (65 FR 45920) (FRL–6596–6). regulation extends time-limited published in the Federal Register on Fenpropathrin. EPA has authorized tolerances for combined residues of the August 29, 1997 (62 FR 45741) (FRL– under FIFRA section 18 the use of herbicide imazapic-ammonium, (+)-2- 5738–5). fenpropathrin on currants for control of [4,5-dihydro-4-methyl-4-(1- Difenoconazole. EPA has authorized currant borer (Synanthedon methylethyl)-5-oxo-1H-imidazol-2-yl]-5- under FIFRA section 18 the use of tipuliformes) in Washington. This methyl-3-pyridinecarboxylic acid, difenoconazole on corn seed for control regulation extends a time-limited applied as its ammonium salt and its of damping off and die-back diseases in tolerance for esidues of the insecticide metabolite (+)-2-[4,5-dihydro-4-methyl- corn in Idaho. This regulation extends fenpropathrin (alpha-cyano-3-phenoxy- 4-(1-methylethyl)-5-oxo-1H-imidazol-2-
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yl]-5-hydromethyl-3-pyridinecarboxylic published in the Federal Register on Fusarium head blight in Michigan, acid both free and conjugated in or on November 29, 1996 (61 FR 60617) (FRL– North Dakota, and South Dakota. This grass forage at 30 ppm; grass hay at 15 5477–7). regulation extends a time-limited ppm; milk; fat, meat; meat byproducts Metsulfuron-methyl. EPA has tolerance for residues of the fungicide (except kidney) of cattle, goats, hogs, authorized under FIFRA section 18 the tebuconazole (alpha-[2-(4- horses, and sheep at 0.10 ppm; kidney use of metsulfuron-methyl on sorghum chlorophenyl)-ethyl]-alpha-(1,1- of cattle, goats, hogs, horses, and sheep for control of weeds in Kansas, dimethylethyl)-1H-1,2,4-triazole-1- at 1 ppm for an additional 2–year Nebraska, New Mexico, Oklahoma, and ethanol) in or on wheat hay at 15.0 ppm period. These tolerances will expire and Texas. This regulation extends time- and wheat straw at 2.0 ppm for an are revoked on December 31, 2003. limited tolerances for the combined additional 2–year period. These Time-limited tolerances were originally residues of the herbicide metsulfuron tolerances will expire and are revoked published in the Federal Register on methyl and its 4-hydroxy metabolite on December 31, 2003. Time-limited October 6, 1999 (64 FR 54218) (FRL– (methyl 2-[[[[(4-methoxy-6-methyl-1,3,5- tolerances were originally published in 6382–3). triazin-2-yl)amino]carbonyl]- the Federal Register on June 20, 1997 Mancozeb. EPA has authorized under amino]sulfonyl]-4-hydroxybenzoate) in (62 FR 33550) (FRL–5725–7). FIFRA section 18 the use of mancozeb or on sorhum, fodder at 0.5 ppm; Tebuconazole. EPA has authorized on ginseng for control of stem and leaf sorhum, forage at 0.3 ppm; and sorhum, under FIFRA section 18 the use of blight in Michigan and Wisconsin. This grain at 0.4 ppm for an additional 2– tebuconazole on barley for control of regulation extends a time-limited year period. These tolerances will Fusarium head blight in North Dakota tolerance for combined residues of the expire and are revoked on December 31, and South Dakota. This regulation fungicide mancozeb, calculated as zinc 2003. Time-limited tolerances were extends time-limited tolerances for ethylenebisdithiocarbamate and its originally published in the Federal residues of the fungicide tebuconazole metabolite ETU in or on ginseng at 2.0 Register on December 16, 1999 (64 FR (alpha-[2-(4-chlorophenyl)-ethyl]-alpha- ppm for an additional 1–year period. 70184) (FRL–6391–8). (1,1-dimethylethyl)-1H-1,2,4-triazole-1- This tolerance will expire and is Propiconazole. EPA has authorized ethanol) in or on barley grain at 2.0 revoked on December 31, 2002. A time- under FIFRA section 18 the use of ppm, barley hay at 20.0 ppm, and barley limited tolerance was originally propiconazole on grain sorghum for straw at 20.0 ppm for an additional 2– published in the Federal Register on control of sorghum ergot in Nebraska, year period. These tolerances will May 24, 2000 (65 FR 33469) (FRL–6556– New Mexico, and Texas. This regulation expire and are revoked on December 31, 9). extends time-limited tolerances for 2003. Time-limited tolerance were Maneb. EPA has authorized under combined residues of the fungicide originally published in the Federal FIFRA section 18 the use of maneb on propiconazole, 1-[[2-(2,4- Register on June 20, 1997 (62 FR 33550) walnuts for control of bacterial blight in dichlorophenyl)-4-propyl-1,3-dioxolan- (FRL–5725–7). California. This regulation extends a 2-yl]methyl]-1H-1,2,4-triazole and its Tebuconazole. EPA has authorized time-limited tolerance for combined metabolites determined as 2,4- under FIFRA section 18 the use of residues of the fungicide maneb dichlorobenzoic acid and expressed as tebuconazole on sunflower for control of (manganous parent compound in or on grain rust in Colorado. This regulation ethylenebisdithiocarbamate) calculated sorghum, grain at 0.2 ppm; grain extends time-limited tolerances for as zinc ethylenebisdithiocarbamate, and sorghum, stover at 1.5 ppm; and residues of the fungicide tebuconazole its metabolite ethylenethiourea in or on sorghum aspirated grain fractions at 20 in or on sunflower oil at 0.4 ppm and walnuts at 0.05 ppm for an additional ppm for an additional 2–year period. sunflower seed at 0.2 ppm for an 2–year period. This tolerance will These tolerances will expire and are additional 2–year period. These expire and is revoked on December 31, revoked on December 31, 2003. Time- tolerances will expire and are revoked 2003. A time-limited tolerance was limited tolerances were originally on December 31, 2003. Time-limited originally published in the Federal published in the Federal Register on tolerances were originally published in Register on March 17, 1999 (64 FR August 13, 1997 (62 FR 43284) (FRL– the Federal Register on June 20, 1997 13097) (FRL–6067–9). 5735–2). (62 FR 33550) (FRL–5725–7). Metolachlor. EPA has authorized Propyzamide. EPA has authorized Tebuconazole. EPA has authorized under FIFRA section 18 the use of under FIFRA section 18 the use of under FIFRA section 18 the use of metolachlor on spinach for control of propyzamide on cranberries for control tebuconazole on garlic for control of weeds in Arizona, Colorado, Maryland, of dodder in Delaware, Massachusetts, garlic rust in California. This regulation New Jersey, Oklahoma, Pennsylvania, New Jersey, and Rhode Island. This extends a time-limited tolerance for Texas, Virginia, and Wisconsin. This regulation extends a time-limited residues of the fungicide tebuconazole regulation extends a time-limited tolerance for the combined residues of in or on garlic at 0.1 ppm for an tolerance for the combined residues the herbicide propyzamide and its additional 2–year period. This tolerance (free and bound) of the herbicide metabolites containing the 3,5- will expire and is revoked on December metolachlor 2-chloro-N-(2-ethyl-6- dichlorobenzoyl moiety (calculated as 31, 2003. A time-limited tolerance was methylphenyl)-N-(2-methoxy-1- 3,5-dichloro-N-(1,1-dimethyl-2- originally published in the Federal methylethyl)acetamide and its propenyl)benzamide) in or on Register on May 26, 1999 (64 FR 28377) metabolites determined as the cranberries at 0.05 ppm for an (FRL–6079–1). derivatives, 2-[(2-ethyl-6- additional 2–year period. This tolerance Thiabendazole. EPA has authorized methylphenyl)amino]-1-propanol and 4- will expire and is revoked on December under FIFRA section 18 the use of (2-ethyl-6-methylphenyl)-2-hydroxy-5- 31, 2003. A time-limited tolerance was thiabendazole on lentils for control of methyl-3-morpholinone, each expressed originally published in the Federal ascochyta blight in Idaho, Montana, as the parent compound in or on Register on September 16, 1998 (63 FR North Dakota, and Washington. This spinach at 0.3 ppm for an additional 6– 49479) (FRL–6022–5). regulation extends a time-limited month period. This tolerance will expire Tebuconazole. EPA has authorized tolerance for residues of the fungicide and is revoked on June 30, 2002. A time- under FIFRA section 18 the use of thiabendazole in or on lentils at 0.1 ppm limited tolerance was originally tebuconazole on wheat for control of for an additional 1–year period. This
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tolerance will expire and is revoked on 1. Filing the request. Your objection Protection Agency, 1200 Pennsylvania December 31, 2002. A time-limited must specify the specific provisions in Ave., NW., Washington, DC 20460. tolerance was originally published in the regulation that you object to, and the 3. Copies for the Docket. In addition the Federal Register on February 25, grounds for the objections (40 CFR to filing an objection or hearing request 1998 (63 FR 9435) (FRL–5767–6). 178.25). If a hearing is requested, the with the Hearing Clerk as described in Zinc phosphide. EPA has authorized objections must include a statement of Unit III.A., you should also send a copy under FIFRA section 18 the use of zinc the factual issues(s) on which a hearing of your request to the PIRIB for its phosphide on barley, potatoes, is requested, the requestor’s contentions inclusion in the official record that is sugarbeets, and wheat for control of on such issues, and a summary of any described in Unit I.B.2. Mail your meadow voles and field mice in Idaho. evidence relied upon by the objector (40 copies, identified by docket control This regulation extends time-limited CFR 178.27). number OPP–301194, to: Public tolerances for residues of phosphine Information submitted in connection Information and Records Integrity resulting from the use of the rodenticide with an objection or hearing request Branch, Information Resources and zinc phosphide in or on barley, grain at may be claimed confidential by marking Services Division (7502C), Office of 0.010 ppm; barley, hay at 0.20 ppm; any part or all of that information as Pesticide Programs, Environmental barley, straw at 0.20 ppm; potatoes at CBI. Information so marked will not be Protection Agency, 1200 Pennsylvania 0.05 ppm; sugar beet (roots) at 0.05 disclosed except in accordance with Ave., NW., Washington, DC 20460. In person or by courier, bring a copy ppm; sugar beet (tops) at 0.10 ppm; and procedures set forth in 40 CFR part 2. to the location of the PIRIB described in wheat, aspirated grain fractions; wheat A copy of the information that does not Unit I.B.2. You may also send an grain; wheat hay; and wheat, straw at contain CBI must be submitted for electronic copy of your request via e- 0.010 ppm for an additional 2–year inclusion in the public record. mail to: [email protected]. Please use period. These tolerances will expire and Information not marked confidential an ASCII file format and avoid the use are revoked on December 31, 2003. may be disclosed publicly by EPA of special characters and any form of Time-limited tolerances were originally without prior notice. Mail your written request to: Office of encryption. Copies of electronic published in the Federal Register on the Hearing Clerk (1900), Environmental objections and hearing requests will also December 9, 1998 (63 FR 67794) (FRL– Protection Agency, 1200 Pennsylvania be accepted on disks in WordPerfect 6046–1) and August 16, 2000 (65 FR Ave., NW., Washington, DC 20460. You 6.1/8.0 file format or ASCII file format. 49936) (FRL–6598–9). may also deliver your request to the Do not include any CBI in your III. Objections and Hearing Requests Office of the Hearing Clerk in Rm. C400, electronic copy. You may also submit an Waterside Mall, 401 M St., SW., electronic copy of your request at many Under section 408(g) of the FFDCA, as Washington, DC 20460. The Office of Federal Depository Libraries. amended by the FQPA, any person may the Hearing Clerk is open from 8 a.m. B. When Will the Agency Grant a file an objection to any aspect of this to 4 p.m., Monday through Friday, regulation and may also request a excluding legal holidays. The telephone Request for a Hearing? hearing on those objections. The EPA number for the Office of the Hearing A request for a hearing will be granted procedural regulations which govern the Clerk is (202) 260–4865. if the Administrator determines that the submission of objections and requests 2. Tolerance fee payment. If you file material submitted shows the following: for hearings appear in 40 CFR part 178. an objection or request a hearing, you There is a genuine and substantial issue Although the procedures in those must also pay the fee prescribed by 40 of fact; there is a reasonable possibility regulations require some modification to CFR 180.33(i) or request a waiver of that that available evidence identified by the reflect the amendments made to the fee pursuant to 40 CFR 180.33(m). You requestor would, if established resolve FFDCA by FQPA, EPA will continue to must mail the fee to: EPA Headquarters one or more of such issues in favor of use those procedures, with appropriate Accounting Operations Branch, Office the requestor, taking into account adjustments, until the necessary of Pesticide Programs, P.O. Box uncontested claims or facts to the modifications can be made. The new 360277M, Pittsburgh, PA 15251. Please contrary; and resolution of the factual FFDCA section 408(g) provides identify the fee submission by labeling issues(s) in the manner sought by the essentially the same process for persons it ‘‘Tolerance Petition Fees.’’ requestor would be adequate to justify to ‘‘object’’ to a regulation for an EPA is authorized to waive any fee the action requested (40 CFR 178.32). exemption from the requirement of a requirement ‘‘when in the judgement of tolerance issued by EPA under new the Administrator such a waiver or IV. Regulatory Assessment FFDCA section 408(d), as was provided refund is equitable and not contrary to Requirements in the old FFDCA sections 408 and 409. the purpose of this subsection.’’ For This final rule establishes time- However, the period for filing objections additional information regarding the limited tolerances under FFDCA section is now 60 days, rather than 30 days. waiver of these fees, you may contact 408. The Office of Management and Budget (OMB) has exempted these types A. What Do I Need to Do to File an James Tompkins by phone at (703) 305– of actions from review under Executive Objection or Request a Hearing? 5697, by e-mail at [email protected], or by mailing a Order 12866, entitled Regulatory You must file your objection or request for information to Mr. Tompkins Planning and Review (58 FR 51735, request a hearing on this regulation in at Registration Division (7505C), Office October 4, 1993). Because this rule has accordance with the instructions of Pesticide Programs, Environmental been exempted from review under provided in this unit and in 40 CFR part Protection Agency, 1200 Pennsylvania Executive Order 12866 due to its lack of 178. To ensure proper receipt by EPA, Ave., NW., Washington, DC 20460. significance, this rule is not subject to you must identify docket control If you would like to request a waiver Executive Order 13211, Actions number OPP–301194 in the subject line of the tolerance objection fees, you must Concerning Regulations That on the first page of your submission. All mail your request for such a waiver to: Significantly Affect Energy Supply, requests must be in writing, and must be James Hollins, Information Resources Distribution, or Use (66 FR 28355, May mailed or delivered to the Hearing Clerk and Services Division (7502C), Office of 22, 2001). This final rule does not on or before January 14, 2002. Pesticide Programs, Environmental contain any information collections
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subject to OMB approval under the any ‘‘tribal implications’’ as described PART 180—[AMENDED] Paperwork Reduction Act (PRA), 44 in Executive Order 13175, entitled U.S.C. 3501 et seq., or impose any Consultation and Coordination with 1. The authority citation for part 180 enforceable duty or contain any Indian Tribal Governments (65 FR continues to read as follows: unfunded mandate as described under 67249, November 6, 2000). Executive Authority: 21 U.S.C. 321(q), 346(a) and Title II of the Unfunded Mandates Order 13175, requires EPA to develop 374. Reform Act of 1995 (UMRA) (Public an accountable process to ensure § 180.110 [Amended] Law 104–4). Nor does it require any ‘‘meaningful and timely input by tribal special considerations under Executive officials in the development of 2. In § 180.110, in the table to Order 12898, entitled Federal Actions to regulatory policies that have tribal paragraph (b), amend the entry for Address Environmental Justice in implications.’’ ‘‘Policies that have tribal walnuts by revising the expiration date Minority Populations and Low-Income implications’’ is defined in the ‘‘12/31/01’’ to read ‘‘12/31/03.’’ Populations (59 FR 7629, February 16, Executive Order to include regulations § 180.176 [Amended] 1994); or OMB review or any Agency that have ‘‘substantial direct effects on action under Executive Order 13045, one or more Indian tribes, on the 3. In § 180.176, in the table to paragraph (b), amend the entry for entitled Protection of Children from relationship between the Federal ginseng by revising the expiration date Environmental Health Risks and Safety government and the Indian tribes, or on ‘‘12/31/01’’ to read ‘‘12/31/02.’’ Risks (62 FR 19885, April 23, 1997). the distribution of power and This action does not involve any responsibilities between the Federal § 180.242 [Amended] technical standards that would require government and Indian tribes.’’ This Agency consideration of voluntary 4. In § 180.242, in the table to rule will not have substantial direct paragraph (b), amend the entry for consensus standards pursuant to section effects on tribal governments, on the 12(d) of the National Technology lentils by revising the expiration date relationship between the Federal Transfer and Advancement Act of 1995 ‘‘12/31/01’’ to read ‘‘12/31/02.’’ government and Indian tribes, or on the (NTTAA), Public Law 104–113, section distribution of power and § 180.284 [Amended] 12(d) (15 U.S.C. 272 note). Since responsibilities between the Federal tolerances and exemptions that are 5. In § 180.284, in the table to established under FFDCA section government and Indian tribes, as paragraph (b), amend the entry for 408(l)(6) in response to an exemption specified in Executive Order 13175. barley, grain; barley, hay; barley, straw; under FIFRA section 18, such as the Thus, Executive Order 13175 does not potatoes; sugar beet (roots); sugar beet tolerances in this final rule, do not apply to this rule. (tops); wheat, aspirated grain fractions; require the issuance of a proposed rule, V. Submission to Congress and the wheat, grain; wheat, hay; and wheat, the requirements of the Regulatory Comptroller General straw by revising the expiration date Flexibility Act (RFA) (5 U.S.C. 601 et ‘‘12/31/01’’ to read ‘‘12/31/03.’’ seq.) do not apply. In addition, the The Congressional Review Act, 5 § 180.301 [Amended] Agency has determined that this action U.S.C. 801 et seq., as added by the Small will not have a substantial direct effect Business Regulatory Enforcement 6. In § 180.301, in the table to on States, on the relationship between Fairness Act of 1996, generally provides paragraph (b), amend the entry for the national government and the States, that before a rule may take effect, the onions, dry bulb by revising the or on the distribution of power and agency promulgating the rule must expiration date ‘‘12/31/01’’ to read ‘‘12/ responsibilities among the various submit a rule report, which includes a 31/03.’’ levels of government, as specified in copy of the rule, to each House of the § 180.317 [Amended] Executive Order 13132, entitled Congress and to the Comptroller General Federalism (64 FR 43255, August 10, of the United States. EPA will submit a 7. In § 180.317, in the table to 1999). Executive Order 13132 requires report containing this rule and other paragraph (b), amend the entry for EPA to develop an accountable process required information to the U.S. Senate, cranberries by revising the expiration to ensure ‘‘meaningful and timely input the U.S. House of Representatives, and date ‘‘12/31/01’’ to read ‘‘12/31/03.’’ by State and local officials in the the Comptroller General of the United § 180.353 [Amended] development of regulatory policies that States prior to publication of this final 8. In § 180.353, in the table to have federalism implications.’’ ‘‘Policies rule in the Federal Register. This final that have federalism implications’’ is paragraph (b), amend the entry for red rule is not a ‘‘major rule’’ as defined by defined in the Executive Order to beet roots and red beet tops by revising 5 U.S.C. 804(2). include regulations that have the expiration date ‘‘12/31/01’’ to read ‘‘substantial direct effects on the States, ‘‘12/31/03.’’ List of Subjects in 40 CFR Part 180 on the relationship between the national § 180.368 [Amended] government and the States, or on the Environmental protection, distribution of power and Administrative practice and procedure, 9. In § 180.368, in the table to responsibilities among the various Agricultural commodities, Pesticides paragraph (b), amend the entry for levels of government.’’ This final rule and pests, Reporting and recordkeeping spinach by revising the expiration date directly regulates growers, food requirements. ‘‘12/31/01’’ to read ‘‘6/30/02.’’ processors, food handlers and food § 180.428 [Amended] retailers, not States. This action does not Dated: November 29, 2001. alter the relationships or distribution of Peter Caulkins, 10. In § 180.428, in the table to power and responsibilities established paragraph (b), amend the entry for Acting Director, Registration Division, Office by Congress in the preemption of Pesticide Programs. sorghum, fodder; sorghum, forage; and provisions of FFDCA section 408(n)(4). sorghum, grain by revising the For these same reasons, the Agency has Therefore, 40 CFR chapter I is expiration date ‘‘12/31/01’’ to read ‘‘12/ determined that this rule does not have amended as follows: 31/03.’’
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§ 180.431 [Amended] § 180.449 [Amended] § 180.475 [Amended] 11. In § 180.431, in the table to 14. In § 180.449, in the table to 17. In § 180.475, in the table to paragraph (b), amend the entry for flax paragraph (b), amend the entry for paragraph (b), amend the entry for corn, seed by revising the expiration date ‘‘12/ avocado by revising the expiration date sweet (kernel + corn with husk 31/01’’ to read ‘‘12/31/03.’’ ‘‘12/31/02’’ to read ‘‘12/31/03’’ and also removed); corn, sweet, forage; and corn, amend the entry for spinach by revising sweet, stover by revising the expiration § 180.434 [Amended] the expiration date ‘‘1/31/02’’ to read date ‘‘12/31/02’’ to read ‘‘12/31/03.’’ ‘‘12/31/03.’’ 12. In § 180.434, in the table to § 180.480 [Amended] § 180.466 [Amended] paragraph (b), amend the entry for 18. In § 180.480, in the table to sorghum, aspirated grain fractions; 15. In § 180.466, in the table to paragraph (b), amend the entry for sorghum, grain, grain; and sorghum, paragraph (b), amend the entry for cattle, fat; goats, fat; hogs, fat; horses, grain, stover by revising the expiration currants by revising the expiration date fat; and sheep, fat by revising the date ‘‘12/31/01’’ to read ‘‘12/31/03.’’ ‘‘12/31/01’’ to read ‘‘12/31/03.’’ expiration date ‘‘12/31/01’’ to read ‘‘12/ 31/03.’’ § 180.442 [Amended] § 180.474 [Amended] 19. In § 180.490, the table in 13. In § 180.442, in the table to 16. In § 180.474, in the table to paragraph (b) is revised to read as paragraph (b)(1), amend the entries for paragraph (b), amend the entry for follows: barley, grain; barley, hay; barley, straw; peanuts, nutmeats by revising the garlic; sunflower oil; sunflower seed; § 180.490 Imazapic-ammonium; tolerances expiration date ‘‘12/31/01’’ to read ‘‘12/ wheat, hay; and wheat, straw by for residues. 31/03.’’ revising the expiration date ‘‘12/31/01’’ * * * * * to read ‘‘12/31/03.’’ (b) * * *
Commodity Parts per million Expiration/revocation date
Cattle, fat ...... 0.10 12/31/03 Cattle, kidney ...... 1.0 12/31/03 Cattle, mbyp (except kidney) ...... 0.1 12/31/03 Cattle, meat ...... 0.1 12/31/03 Goats, fat ...... 0.1 12/31/03 Goats, kidney ...... 1.0 12/31/03 Goats, mbyp (except kidney) ...... 0.1 12/31/03 Goats, meat ...... 0.1 12/31/03 Grass, forage ...... 30 12/31/03 Grass, hay ...... 15 12/31/03 Hogs, fat ...... 0.1 12/31/03 Hogs, kidney ...... 1.0 12/31/03 Hogs, mbyp (except kidney) ...... 0.1 12/31/03 Hogs, meat ...... 0.1 12/31/03 Horses, fat ...... 0.1 12/31/03 Horses, kidney ...... 1.0 12/31/03 Horses, mbyp (except kidney) ...... 0.1 12/31/03 Horses, meat ...... 0.1 12/31/03 Sheep, fat ...... 0.1 12/31/03 Sheep, kidney ...... 1.0 12/31/03 Sheep, mbyp (except kidney) ...... 0.1 12/31/03 Sheep, meat ...... 0.1 12/31/03
* * * * * 20. In § 180.505, the table in § 180.505 Emamectin benzoate; tolerances paragraph (b) is revised to read as for residues. follows: * * * * * (b) * * *
Commodity Parts per million Expiration/revocation date
Cattle, fat ...... 0.002 12/31/02 Cattle, meat ...... 0.002 12/31/02 Cattle, meat byproduct ...... 0.002 12/31/02 Cotton gin byproduct ...... 0.025 12/31/02 Cotton hulls ...... 0.004 12/31/02 Cotton, meal ...... 0.002 12/31/02 Cottonseed ...... 0.002 12/31/02 Cottonseed oil ...... 0.006 12/31/02 Goats, fat ...... 0.002 12/31/02 Goats, meat ...... 0.002 12/31/02 Goats, meat byproduct ...... 0.002 12/31/02 Hogs, fat ...... 0.002 12/31/02 Hogs, meat ...... 0.002 12/31/02 Hogs, meat byproduct ...... 0.002 12/31/02 Milk ...... 0.002 12/31/02
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Commodity Parts per million Expiration/revocation date
Sheep, fat ...... 0.002 12/31/02 Sheep, meat ...... 0.002 12/31/02 Sheep, meat byproduct ...... 0.002 12/31/02
* * * * * Order on Reconsideration in CC Docket A. Federal Transtel’s Waiver Petition No. 96–45 released on September 20, § 180.509 [Amended] 3. Generally, the Commission’s rules 2001. The full text of this document is may be waived for good cause shown. 21. In § 180.509, in the table to available for public inspection during As noted by the Court of Appeals for the paragraph (b), amend the entries for regular business hours in the FCC D.C. Circuit, however, agency rules are barley, bran; barley, flour; barley, grain; Reference Center, Room CY-A257, 445 presumed valid. The Commission may barley, hay; barley, pearled; barley, Twelfth Street, S.W., Washington, D.C., exercise its discretion to waive a rule straw; wheat grain; wheat straw by 20554. where the particular facts make strict revising the expiration date ‘‘12/31/01’’ I. Introduction compliance inconsistent with the public to read ‘‘12/31/03.’’ interest. In addition, the Commission § 180.516 [Amended] 1. In this Order, the Commission may take into account considerations of denies the request of Federal Transtel to hardship, equity, or more effective 22. In § 180.516, in the table to waive or reconsider the Commission’s implementation of overall policy on an paragraph (b), amend the entries for rules in 47 CFR 54.703, 54.709, and individual basis. Waiver of the apricots, nectarines, peaches, and plums 54.711 and permit Federal Transtel to Commission’s rules is therefore by revising the expiration date ‘‘12/31/ appropriate only if special 01’’ to read ‘‘12/31/03.’’ recalculate its 1998 and 1999 contributions to the federal universal circumstances warrant a deviation from § 180.532 [Amended] service mechanisms. Specifically, the the general rule, and such a deviation Commission concludes that Federal will serve the public interest. 23. In § 180.532, in the table to 4. We are not persuaded that Federal paragraph (b), amend the entry for Transtel has failed to demonstrate good cause to grant a waiver. Furthermore, to Transtel’s alleged inability to recover caneberries by revising the expiration contributions in 1998 and 1999 from its date ‘‘12/31/01’’ to read ‘‘12/31/03.’’ the extent that Federal Transtel’s petition seeks reconsideration of current customers is a special [FR Doc. 01–30916 Filed 12–13–01; 8:45 am] Commission rules that required carriers circumstance warranting waiver of the BILLING CODE 6560–50–S to base federal universal service prior year revenue contribution contributions on prior year revenues, methodology. The Commission does not the Commission denies such request as require carriers to recover their FEDERAL COMMUNICATIONS untimely. In so doing, we also note that universal service contributions from COMMISSION the Commission has recently amended customers. Rather, the Commission has its contribution methodology and these given carriers the flexibility to decide 47 CFR Part 54 changes may address many of the whether and how they should recover their contributions, as markets become [CC Docket No. 96–45; FCC 01–268] substantive concerns raised in Federal increasingly competitive. Although the Transtel’s petition. Federal-State Joint Board on Universal Commission permits carriers to pass Service; Petition of Federal Transtel, II. Discussion through all or part of their universal Inc. for Waiver of Universal Service service contributions to their customers, 2. The Commission concludes that Fund Contribution Requirements the requirement to contribute remains Federal Transtel has failed to whether or not a carrier passes such AGENCY: Federal Communications demonstrate that good cause exists to costs through to its customers. In Commission. grant its request to waive the addition, carriers are not precluded ACTION: Final rule; denial of waiver Commission’s rules and thereby permit from anticipating the possible effects of request. the recalculation of its 1998 and 1999 declining revenues in the following year contributions to the federal universal and reserving a portion of their current SUMMARY: In this document, the service mechanisms. Consistent with revenues to meet the contribution Commission denies the request of the Commission’s prior decisions, we obligations that arise in the following Federal Transtel, Inc. (Federal Transtel) conclude that granting such a request year. Contrary to Federal Transtel’s to waive or reconsider the Commission’s would be contrary to the principle of contention, the obligation to contribute rules and permit Federal Transtel to competitive neutrality and Congress’ to the universal service mechanisms recalculate its 1998 and 1999 mandate that all carriers contribute to based upon prior year revenues was not contributions to the federal universal the federal universal service retroactively imposed on carriers. service mechanisms. Specifically, the mechanisms on an equitable and Carriers were given notice in July 1997 Commission concludes that Federal nondiscriminatory basis. To the extent that contributions to the federal Transtel has failed to demonstrate good that Federal Transtel seeks universal service mechanisms in 1998 cause to grant a waiver. reconsideration of the requirement to would be based on prior year revenues. FOR FURTHER INFORMATION CONTACT: base federal universal service Therefore, the Commission concludes Richard D. Smith, Attorney, Common contributions on prior year revenues, that carriers were provided with Carrier Bureau, Accounting Policy the Commission concludes that such sufficient notice to develop business Division, (202) 418–7400. request is untimely. In addition, many plans in anticipation of the SUPPLEMENTARY INFORMATION: This is a of Federal Transtel’s concerns have been implementation of the universal service summary of the Commission’s addressed in a recent Commission contribution methodology beginning Memorandum Opinion and Order and proceeding. January 1, 1998.
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