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burden under the provisions of the pesticides , , , I. General Information Paperwork Reduction Act of 1995 (44 , cryolite, , A. Does this Action Apply to Me? U.S.C. 3501 et seq.). ethalfluralin, , ethoprop, fenthion, The Congressional Review Act, 5 fluvalinate, , You may be affected by this action if U.S.C. 801 et seq., as added by the Small metribuzin, , , , you are an agricultural producer, food Business Regulatory Enforcement , pirimiphos-methyl, manufacturer, or pesticide Fairness Act of 1996, generally provides , propiconazole, manufacturer. Potentially affected that before a rule may take effect, the , thiram, and tribufos categories and entities may include, but agency promulgating the rule must because these specific tolerances are are not limited to: submit a rule report, which includes a either no longer needed or are copy of the rule, to each House of the Examples of poten- associated with food uses that are no Categories NAICS tially affected enti- Congress and to the Comptroller General longer registered in the United States. codes ties of the United States. EPA will submit a The regulatory actions in this document report containing this rule and other are part of the Agency’s reregistration Industry 111 Crop production required information to the U.S. Senate, program under the Federal , 112 Animal production the U.S. House of Representatives, and Fungicide, and Rodenticide Act 311 Food manufacturing the Comptroller General of the United (FIFRA), and the tolerance reassessment 32532 Pesticide manufac- turing States prior to publication of the rule in requirements of the Federal Food, Drug, the Federal Register. A major rule and Cosmetic Act (FFDCA) section This listing is not intended to be cannot take effect until 60 days after it 408(q), as amended by the Food Quality is published in the Federal Register. exhaustive, but rather provides a guide Protection Act (FQPA) of 1996. By law, for readers regarding entities likely to be This action is not a ‘‘major rule’’ as EPA is required by August 2002 to defined by 5 U.S.C. 804(2). affected by this action. Other types of reassess 66% of the tolerances in entities not listed in the table could also Under section 307(b)(1) of the Clean existence on August 2, 1996, or about Air Act, petitions for judicial review of be affected. The North American 6,400 tolerances. The regulatory actions Industrial Classification System this action must be filed in the United in this document pertain to the States Court of Appeals for the (NAICS) codes have been provided to revocation of 140 tolerances. Because assist you and others in determining appropriate circuit by September 30, ten tolerances were previously 2002. Filing a petition for whether or not this action might apply reassessed, 130 tolerances would be to certain entities. If you have questions reconsideration by the Administrator of counted as reassessed. Also, EPA is this final rule does not affect the finality regarding the applicability of this action announcing that six goat and sheep to a particular entity, consult the person of this rule for the purposes of judicial tolerances at 0 ppm for amitraz are review nor does it extend the time listed under FOR FURTHER INFORMATION considered to be reassessed. Therefore, within which a petition for judicial CONTACT. a total of 136 tolerance reassessments review may be filed, and shall not would be counted among tolerance/ B. How Can I Get Additional postpone the effectiveness of such rule exemption reassessments made toward Information, Including Copies of this or action. This action may not be the August, 2002 review deadline. Document and Other Related challenged later in proceedings to Documents? enforce its requirements. (See section DATES: This regulation is effective 307(b)(2).) October 29, 2002; however, certain 1. Electronically.You may obtain electronic copies of this document, and List of Subjects in 40 CFR Part 81 regulatory actions will not occur until the date specified in the regulatory text. certain other related documents that Environmental protection, Air Objections and requests for hearings, might be available electronically, from pollution control, National parks, identified by docket ID number OPP– the EPA Internet Home Page at http:// Wilderness areas. 2002–0155, must be received by EPA on www.epa.gov/. To access this Authority: 42 U.S.C. 7401 et seq. or before September 30, 2002. document, on the Home Page select ‘‘Laws and Regulations,’’ ‘‘Regulations Dated: July 19, 2002. ADDRESSES: Written objections and and Proposed Rules,’’ and then look up A. Stanley Meiburg, hearing requests may be submitted by the entry for this document under the Acting Regional, Administrator, Region 4. mail, in person, or by courier. Please ‘‘Federal Register—Environmental [FR Doc. 02–19324 Filed 7–30–02; 8:45 am] follow the detailed instructions for each Documents.’’ You can also go directly to BILLING CODE 6560–50–P method as provided in Unit IV. of the theFederal Register listings at http:// SUPPLEMENTARY INFORMATION. To ensure www.epa.gov/fedrgstr/. A frequently proper receipt by EPA, your objections updated electronic version of 40 CFR ENVIRONMENTAL PROTECTION and hearing requests must identify part 180 is available at http:// AGENCY docket ID number OPP–2002–0155 in www.access.gpo.gov/nara/cfr/ the subject line on the first page of your _ _ _ 40 CFR Part 180 cfrhtml 00/Title 40/40cfr180 00.html, a response. beta site currently under development. [OPP–2002–0155; FRL–7191–4] FOR FURTHER INFORMATION CONTACT: By 2. In person. The Agency has established an official record for this Acephate, Amitraz, Carbaryl, mail: Joseph Nevola, Special Review and Reregistration Division (7508C), action under docket ID number OPP– Chlorpyrifos, Cryolite, et al.; Tolerance 2002–0155. The official record consists Revocations Office of Pesticide Programs, Environmental Protection Agency, 1200 of the documents specifically referenced AGENCY: Environmental Protection Pennsylvania Ave., NW.,Washington, in this action, and other information Agency (EPA). DC 20460; telephone number: (703) 308- related to this action, including any information claimed as Confidential ACTION: Final rule. 8037; e-mail address: [email protected]. Business Information (CBI). This official SUMMARY: This document revokes record includes the documents that are certain tolerances for residues of the SUPPLEMENTARY INFORMATION: physically located in the docket, as well

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as the documents that are referenced in commenters retract the comment and lowered in the codification section those documents. The public version of identifying a need for the tolerance to be of the April 15, 2002 rule (67 FR 18150), the official record does not include any retained, (2) EPA independently verifies in the preamble for ethion, the rule had information claimed as CBI. The public that the tolerance is no longer needed, stated only that the tolerances were version of the official record, which or (3) the tolerance is not supported by proposed to be revoked. Therefore, in a includes printed, paper versions of any data that demonstrate that the tolerance future publication in the Federal electronic comments submitted during meets the requirements under FQPA. Register, EPA will propose to revoke an applicable comment period is In the Federal Register of April 15, and lower the cattle tolerances during available for inspection in the Public 2002 (67 FR 18150) (FRL–6834–1), EPA the period before they expire on October Information and Records Integrity issued a proposed rule to revoke the 1, 2008 to 0.2 ppm and propose to Branch (PIRIB), Rm. 119, Crystal Mall tolerances listed in this final rule. Also, revoke the milk tolerance on October 1, #2, 1921 Jefferson Davis Hwy., the April 15, 2002 proposal provided a 2008. Arlington, VA, from 8:30 a.m. to 4 p.m., 60-day comment period in which public ii. Comments from Cheminova, Inc., Monday through Friday, excluding legal comment was invited for consideration Florida Citrus Mutual (FCM) and holidays. The PIRIB telephone number and for support of tolerance retention Florida Fruit and Vegetable Association is (703) 305–5805. under FFDCA standards. (FFVA). Comments were received from In response to the document Cheminova, FCM and FFVA who each II. Background published in the Federal Register of requested that the revocation of the A. What Action is the Agency Taking? April 15, 2002, EPA received comments tolerance for ethion on citrus and on ethion, fenthion, methamidophos, animal products be set no earlier than This final rule revokes certain FFDCA pirimiphos-methyl, and profenofos, as October 1, 2008 to allow treated citrus tolerances for residues of the pesticides follows: fruit to travel through juice processing acephate, amitraz, carbaryl, 1. Ethion—i. Comment by Private and channels of trade, as well as to chlorpyrifos, cryolite, disulfoton, Citizen. A comment was received from allow animal commodities (from ethalfluralin, ethion, ethoprop, fenthion, a private citizen who inquired whether animals fed treated dehydrated citrus fluvalinate, methamidophos, the ethion tolerances for cattle, fat; pulp) through channels of trade. metribuzin, oxamyl, phorate, phosalone, cattle, meat byproducts; cattle, meat (fat Cheminova and FFVA noted that fruit in phosmet, pirimiphos-methyl, basis); citrus pulp, dehydrated; and a citrus grove legally treated with ethion profenofos, propiconazole, citrus fruits, which were each proposed in December 2004 could remain on the tetrachlorvinphos, thiram, and tribufos for revocation with an expiration date tree and not be picked until May or June in or on specified commodities listed in were also modified. 2005. Cheminova and FCM noted that the regulatory text because the Agency Response. EPA is revoking the the bulk (90% to 95%) of Florida citrus tolerances are no longer needed or ethion tolerances for citrus, dried pulp products are made into processed juice because these pesticides are not and fruit, citrus in 40 CFR 180.173 with products. Cheminova also noted that registered under FIFRA for uses on no further modification at this time. because so much of the citrus crop in those commodities within the United Additionally, EPA is taking no action on Florida is grown for juice, citrus legally States. However, comments were the ethion milk and cattle tolerances in treated with ethion may remain in the received regarding a need for EPA to 40 CFR 180.173 at this time. channels of trade for several years. Both retain certain tolerances, including a EPA is revoking the tolerances for FCM and FFVA specifically stated that comment that there was a need for EPA citrus, dried pulp and fruit, citrus in 40 fruit processed for frozen concentrated to retain certain methamidophos CFR 180.173 with an expiration/ orange juice could conceivably be stored tolerances to cover residues in or on revocation date of October 1, 2008. In for up to 24 months before being moved imported foods. EPA has historically the ethion RED, EPA recommended that into the channels of trade and could expressed a concern that retention of the citrus tolerances should be revoked, take an additional 12 months before tolerances that are not necessary to but also be raised during the period reaching the consumer. cover residues in or on legally treated before they expire (from 10.0 to 25.0 Agency Response. EPA agrees that foods has the potential to encourage ppm for dehydrated pulp and from 2.0 citrus and animal feed (citrus, dried misuse of pesticides within the United to 5.0 ppm for citrus fruits) based on the pulp) with legal residues of ethion can States. Thus, it is EPA’s policy to issue available citrus field trial and take several years to clear channels of a final rule revoking those tolerances for processing data. However, while the trade. With a last legal use date of residues of pesticide chemicals for citrus tolerances were proposed to be December 31, 2004, the Agency agrees which there are no active registrations revoked and raised in the codification with the commenters that the expiration under FIFRA, unless any person section of the April 15, 2002 rule (67 FR date of October 1, 2008 for the citrus commenting on the proposal 18150), the preamble for ethion stated and animal tolerances is reasonable. demonstrates a need for the tolerance to only that the tolerances were proposed Therefore, EPA is revoking the cover residues in or on imported to be revoked and did not mention tolerances in 40 CFR 180.173 for commodities or domestic commodities raising these tolerances in the interim residues of ethion including its oxygen legally treated. period. Therefore, in a future analog (S- Today’s final rule does not revoke publication in the Federal Register, EPA [[diethoxyphosphinothioyl)thio]methyl] those tolerances for which EPA received will propose to raise the tolerances for O,O-diethyl phosphorothioate) in or on comments stating a need for the citrus, dried pulp and fruit, citrus goats, fat; goats, mbyp; goats, meat; tolerance to be retained. Generally, EPA during the period before they expire to hogs, fat; hogs, mbyp; hogs, meat; will proceed with the revocation of 25.0 and 5.0 ppm, respectively. horses, fat; horses, mbyp; horses, meat; these tolerances on the grounds EPA is not taking action on the milk sheep, fat; sheep, mbyp; and sheep, discussed above if, (1) prior to EPA’s and cattle tolerances at this time in meat with an expiration/revocation date issuance of a section 408(f) order order to verify whether a cancellation of October 1, 2008. requesting additional data or issuance of order for one cattle ear tag product was In addition, EPA is revoking the a section 408(d) or (e) order revoking the completed. In addition, while the cattle tolerance for raisins and tea, dried in tolerances on other grounds, tolerances were proposed to be revoked 180.173 with an effective date that is 90

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days after publication of this final rule Also, EPA is revising commodity methamidophos from acephate use to be in the Federal Register. On January 14, terminology in 40 CFR 180.214 to recodified with other methamidophos 1998 (63 FR 2163)(FRL–5755–9), EPA conform to current Agency practice as tolerances under § 180.315. consolidated certain food and feed follows: ‘‘cattle (mbyp)’’ to ‘‘cattle, meat EPA is revoking the tolerances in 40 additive tolerance regulations in 40 CFR byproducts;’’ ‘‘hogs, fat’’ to ‘‘hog, fat;’’ CFR 180.315(a) for residues of parts 185 and 186 to part 180, including ‘‘hogs, meat’’ to ‘‘hog, meat;’’ and ‘‘hogs, methamidophos in or on beets, sugar, the raisins and tea, dried tolerances for mbyp’’ to ‘‘hog, meat byproducts.’’ roots; and beets, sugar, tops. On July 2, ethion from 185.2750 into 180.173. On 3. Methamidophos—i. Comment by 1997, EPA published a notice in the February 5, 1998 (63 FR 5907)(FRL– Canadian Horticultural Council (CHC). Federal Register (62 FR 35812) (FRL– 5743–9), the Agency proposed to revoke A comment was received from the CHC, 5724–7) under section 6(f)(1) of FIFRA the tolerances for raisins and tea, dried who requested the retention of announcing its receipt of requests from in 40 CFR 180.173. The Agency did not methamidophos (trade name Monitor) the registrants to terminate the use of receive any comment on the proposed tolerances for broccoli, Brussels sprouts, methamidophos on all crops except revocation of these two tolerances. cabbage, cauliflower, and lettuce to cotton and potatoes, and to cancel all However, on October 26, 1998, EPA allow importation of those methamidophos 24(c) food-use published a final rule in the Federal methamidophos-treated food registrations not labeled for use on Register (63 FR 57067) (FRL–6035–6) commodities. tomatoes only, and provided a period which inadvertently did not remove the Agency Response. Because a comment for public comment. On December 23, raisins and tea, dried tolerances from was received which expressed a need 1997 (62 FR 67071) (FRL–5764–2), EPA the table of entries found in 40 CFR for the retention of specific tolerances published a notice in which the Agency 180.173. Now, EPA is finalizing that for import purposes, EPA will not responded to comments received and action. revoke the tolerances in 40 CFR 180.315 approved those terminations and 2. Fenthion—Comment by Bayer for broccoli, Brussels sprouts, cabbage, cancellations, effective December 31, Corporation. A comment was received cauliflower, and lettuce at this time. 1997. The Agency determined that after from Bayer Corporation in which Bayer EPA will follow-up to see that data December 31, 1997 only persons other stated that it is not appropriate to revoke requirements are met. When the than the registrants were allowed to sell the fenthion milk and animal tolerances submitted data have been reviewed, and distribute existing stocks, which (fat, meat, and meat byproducts for EPA will re-evaluate these tolerances EPA believed to be relatively small. cattle and hogs) in 40 CFR 180.214 with under FFDCA. More than four years has passed, which the proposed expiration date of April 1, ii. Comment by Private Citizen. A the Agency believes to be sufficient time 2003 because these tolerances are also comment was received from a private for exhaustion of those stocks and for necessary for use of fenthion drug citizen who asked that the Agency treated commodities to have cleared products, for cattle use, one comment on Brussels sprouts, channels of trade. of which is a pour-on. Bayer stated that cauliflower, and lettuce codified in 40 Because a petition submitted by the while it stopped manufacturing these CFR 180.108 under acephate with registrant to the Agency for use on animal drug products on September 28, regard to the metabolite methamidophos peppers regarding a FIFRA section 24(c) 2000, one product can be used on in light of the proposed revocations in registration is pending and because of livestock until it expires on September 40 CFR 180.315 for those tolerances. the possibility that existing labels for 28, 2004. Also, Bayer noted that treated Agency Response. There are active section 24(c) registrations may not yet commodities would take an additional registrations for acephate, which have been amended regarding deletion 18 months to move through trade degrades to methamidophos residues, of cucumbers, eggplant, and melons, the channels and requested an expiration on Brussels sprouts, cauliflower, and Agency will not address cucumbers, date of April 1, 2006 as more lettuce head. These tolerances are eggplant, melons, and peppers at this appropriate. codified at 40 CFR 180.108 for residues time. However, EPA is revising Agency Response. To address Bayer’s of methamidophos (O,S-dimethyl commodity terminology in 40 CFR concern, the Agency is revoking the phosphoramidothioate) as no more than 180.315 to conform to current Agency tolerances in 40 CFR 180.214 for 0.5 ppm, 0.5 ppm, and 1.0 ppm, practice as follows: ‘‘cottonseed’’ to residues of fenthion and its respectively. However, while there are ‘‘cotton, undelinted seed;’’ ‘‘cucumbers’’ cholinesterase-inhibiting metabolites in no active registrations for use of to ‘‘cucumber;’’ ‘‘melons’’ to ‘‘melon;’’ or on cattle, fat; cattle, meat; and cattle methamidophos on Brussels sprouts, ‘‘peppers’’ to ‘‘pepper;’’ ‘‘potatoes’’ to (mbyp) with an expiration/revocation cauliflower, and lettuce, there are ‘‘potato’’ and ‘‘tomatoes’’ to ‘‘tomato.’’ date of April 1, 2006 to allow sufficient tolerances for those commodities EPA is also removing the ‘‘(N)’’ time for treated commodities to pass codified at 40 CFR 180.315 for residues designation from the ‘‘cotton, through channels of trade. In a follow- of methamidophos at 1.0 ppm. To undelinted seed’’ and ‘‘potato’’ entries up communication, Bayer stated that (1) achieve compatibility with CODEX (0.5 to conform to current Agency no swine uses were associated with the ppm for cauliflower and 1.0 ppm for administrative practice (‘‘N’’ two fenthion animal drug products and lettuce head) and to remove duplicate designation means negligible residues). (2) the two fenthion animal drug tolerances, EPA proposed to revoke the 4. Pirimiphos-methyl—Comment by products were for use on non-lactating cauliflower (1.0 ppm) and lettuce (1.0 Schering-Plough Animal Health dairy cattle. For these reasons, Bayer ppm) tolerances for methamidophos in Corporation. A comment was received noted that there is no need to extend the § 180.315. Methamidophos residues from Schering-Plough, who requested milk or hog tolerances. Therefore, EPA from the use of acephate on Brussels that the current pirimiphos-methyl is revoking the tolerances in 40 CFR sprouts, cauliflower, and lettuce head tolerances for cattle be retained. 180.214 for hogs, fat; hogs, meat; hogs would have remained covered under 40 Schering-Plough stated that the (mbyp); and milk with an expiration/ CFR 180.108. In a future publication in insecticide is currently used in ear tag revocation date of April 1, 2003, which the Federal Register, EPA will propose products as part of an integrated pest allows sufficient time for treated to revise the acephate tolerances in 40 management program to control horn commodities to pass through channels CFR 180.108 by consolidating that flies and face flies on beef and non- of trade. portion concerning residues of lactating dairy cattle and calves. Also,

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Schering-Plough noted that a 1996 Because the tolerances are no longer in § 180.409, EPA is revising ‘‘cattle, magnitude of residue study from dermal needed, EPA is revoking the tolerances kidney and liver’’ to ‘‘cattle, kidney’’ application for a pour-on product was in 40 CFR 180.409(a)(1) for combined and ‘‘cattle, liver;’’ ‘‘goats, kidney and submitted to EPA, but was returned residues of pirimiphos-methyl, O-[2- liver’’ to ‘‘goat, kidney’’ and ‘‘goat, pending completion of the diethylamino-6-methyl-4- pyrimidinyl) liver;’’ ‘‘hogs, kidney and liver’’ to ‘‘hog, cumulative risk O,O-dimethyl phosphorothioate, the kidney’’ and ‘‘hog, liver;’’ ‘‘horses, assessment process. In addition, metabolite O-[2-ethylamino-6-methyl- kidney and liver’’ to ‘‘horse, kidney’’ Schering-Plough asked that the Agency pyrimidin-4-yl) O,O-dimethyl and ‘‘horse, liver;’’ and ‘‘sheep, kidney provide a consistent and level playing phosphorothioate and, in free and and liver’’ to ‘‘sheep, kidney’’ and field to all sponsors; i.e., EPA should conjugated form, the metabolites 2- ‘‘sheep, liver.’’ not include one sponsor’s proposed use diethylamino-6-methyl-pyrimidin-4-ol), 5. Profenofos—Comment by Private for pre-treatment of grain storage bins 2-ethylamino-6-methyl-pyrimidin-4-ol, Citizen. A comment was received from (Product and Chemistry Chapter of June and 2-amino-6-methyl-pyrimidin-4-ol in a private citizen who inquired whether 1, 1998), while at the same time exclude or on eggs; goats, meat; hogs, meat; the proposal of April 15, 2002 revised or delay approval of another proposed horses, meat; milk, fat (0.1 ppm (N) in the tolerance expression in 40 CFR use such as for a cattle-pour-on product whole milk; poultry, mbyp; poultry, 180.404. The commenter noted that a in their assessment. Finally, Schering- meat; and sheep, meat. change in tolerance expression to Plough noted that EPA actions to revoke According to the pirimiphos-methyl profenofos per se was recommended in or lower cattle tolerances would be an Interim Reregistration Eligibility the profenofos IRED of August, 2000 inefficient use of resources because Decision (IRED), residues in sorghum because profenofos is considered a Schering-Plough expects to submit an milling fractions are no longer included residue of toxicological concern. application for registration of a in Table 1, ‘‘Raw Agricultural and Agency Response. EPA did not pirimiphos-methyl pour-on product for Processed Commodities and Livestock propose to revise the tolerance cattle, including a completed dermal Feeds Derived From Field Crops,’’ of expression in 40 CFR 180.404 at this magnitude of residue study. OPPTS 860.1000 (EPA 712–C–96–169, time. The change in the tolerance Residue Chemistry Test Guidelines, expression as recommended in the IRED Agency Response. In the proposal of August 1996); i.e., sorghum milling for profenofos will be proposed in the April 15, 2002, EPA concluded that the fractions are no longer considered a near future. current tolerance on ‘‘cattle meat’’ was significant feed item, and the tolerance EPA is revoking the tolerances in 40 no longer needed because the Agency is no longer needed. Therefore, EPA is CFR 180.404 for hogs, fat; hogs, mbyp; has a reasonable expectation that no revoking the tolerance in § 180.409(a)(2) and hogs, meat. The Agency concluded detectable pirimiphos-methyl residues for sorghum milling fractions (except that there is no reasonable expectation of concern would be found in cattle flour). For reassessment counting of finite residues for hog commodities meat as a result of cattle exposure via purposes, the tolerance for sorghum (meat, fat, and meat byproducts) for existing uses of pirimiphos-methyl. milling fractions will count as two to profenofos based on feeding studies and (Results from ruminant and poultry reflect the two tolerances (in 40 CFR the tolerances are no longer needed feeding studies, and residue trials 185.4950 and 186.4950) that had existed according to 40 CFR 180.6(a)(3). conducted on stored grains, indicated on August 3, 1996, when FQPA was Also, EPA is revoking the tolerance in that residues in certain livestock enacted. § 180.404 for cottonseed hulls because commodities could be classified under EPA is removing the tolerances in the tolerance is no longer needed. Based 40 CFR 180.6(a)(3); i.e., there is no § 180.409(a)(2) for corn milling fractions on a cottonseed processing study, EPA reasonable expectation of finite (except flour); and corn oil. In the IRED, determined that the current and interim residues). Schering-Plough noted that the Agency concluded that based on cottonseed tolerances are each adequate the proposal to revoke the cattle meat processing studies pirimiphos-methyl to cover cottonseed hulls. tolerance was based on the Agency’s residues did not concentrate in these No comments were received by the review of livestock feeding studies, not processed commodities and therefore Agency concerning the following. from a magnitude of residue study from these tolerances are no longer needed. 6. Acephate. EPA is revoking the dermal application. Schering-Plough Because the use of pirimiphos-methyl tolerances in 40 CFR 180.108 for requested retention of the cattle meat on corn remains, any residues in or on combined residues of acephate and its tolerance and stated it would submit a these processed corn commodities will cholinesterase-inhibiting metabolite registration application for a new use remain covered by the existing tolerance O,S-dimethylphosphura-midothioate in (pour-on product formulation) for cattle, for corn. For reassessment counting or on grass (pasture and range) and grass including a dermal study purposes, the Agency will not count hay because no active registrations exist for pirimiphos-methyl. EPA maintains removal of the tolerances for corn oil which cover those commodities. On that a cumulative risk assessment for all and corn milling fractions (except flour) April 17, 1998 (63 FR 19254)(FRL– organophosphate active ingredients as reassessments in this final rule. 5782–6), July 8, 1998 (63 FR must be completed before the In addition, EPA is revising 36897)(FRL–5797–1), July 22, 1998 (63 acceptance of new registrations can commodity terminology in 40 CFR FR 39287)(FRL–5799–9), and January occur for pirimiphos-methyl. Whether 180.409 to conform to current Agency 27, 1999 (64 FR 4099)(FRL–6051–8), dermal exposure results for pirimiphos- practice as follows: ‘‘cattle, mbyp’’ to EPA had published notices in the methyl would have the same metabolic ‘‘cattle, meat byproducts;’’ ‘‘goats, fat’’ Federal Register under section 6(f)(1) of pattern as oral dosing is not known. At to ‘‘goat, fat;’’ ‘‘goats, mbyp’’ to ‘‘goat, FIFRA announcing its receipt of this time, EPA will not take action on meat byproducts;’’ ‘‘hogs, fat’’ to ‘‘hog, requests from registrants to cancel or the tolerance for ‘‘cattle, meat’’ in 40 fat;’’ ‘‘hogs, mbyp’’ to ‘‘hog, meat amend certain product registrations and CFR 180.409. EPA will continue to byproducts;’’ ‘‘horses, fat’’ to ‘‘horse, delete certain acephate uses, including deliberate the issue, but may finalize the fat;’’ ‘‘horses, mbyp’’ to ‘‘horse, meat the grass pasture and rangeland use for revocation of the cattle meat tolerance byproducts;’’ ‘‘sheep, mbyp’’ to ‘‘sheep, acephate. EPA approved the registrants’ in a future publication in the Federal meat byproducts;’’ and ‘‘sorghum, requests for voluntary cancellation of Register. grain’’ to ‘‘sorghum, grain, grain.’’ Also those specific product registrations and

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deletion of certain uses, including the 8. Carbaryl. In the U.S., there are no listing, including the entries for use for grass (pasture and rangeland), current uses of the insecticide carbaryl ‘‘sorghum, fodder’’ to ‘‘sorghum, grain, and allowed a period of 18 months (in in or on cotton, forage; barley; oats; or stover’’; and ‘‘sorghum, grain’’ to the 1998 notices) and 12 months (in the rye. The Agency approved the ‘‘sorghum, grain, grain.’’ 1999 notice) for registrants to sell and registrant’s requests for voluntary 10. Cryolite. EPA is revoking distribute those specific existing stocks amendment of various carbaryl product tolerances in 40 CFR 180.145 for affected. The Agency believes that end labels to delete use on oats and rye in residues of fluorine compounds cryolite users have had sufficient time (at least 1996, barley in 1997, and cotton forage and synthetic cryolite (sodium 18 months beyond the endpoint for sale in 1999. Therefore, EPA is revoking the aluminum fluoride) in or on beets, roots; and distribution by registrants) to tolerances in 40 CFR 180.169 for radish, roots; rutabaga, roots; and exhaust those existing stocks and for residues of carbaryl, including its turnip, roots. The registrant(s) of treated commodities to have cleared the hydrolysis product 1-naphthol, cryolite requested voluntary channels of trade. calculated as 1-naphthyl N- cancellation for use on beets, radishes, 7. Amitraz. Apple and horse methylcarbamate in or on barley, grain; rutabagas, and turnips. Rutabagas were commodity tolerances are currently barley, green fodder; barley, straw; removed from cryolite labels prior to codified in 40 CFR 180.287 at 0 ppm; cotton, forage; oat, fodder, green; oat, 1988. Beets were removed from cryolite i.e., no finite tolerance is established for grain; oat, straw; rye, fodder, green; rye, labels in 1988. On September 25, 1996 apple and horse commodities for grain; and rye, straw. The Agency a FIFRA section 6(f)(1) notice of receipt amitraz. Also, there is currently no believes that sufficient time has passed of a request to voluntarily delete radish registered use of amitraz on apples or for stocks to have been exhausted and and turnip uses from cryolite horse commodities. Because the for treated commodities to have cleared registrations was published in the tolerances are no longer needed, the channels of trade. Federal Register (61 FR 50294) (FRL– Agency is revoking the tolerances in 40 9. Chlorpyrifos. Because beans, lima, 5394–2), with a use deletion date of CFR 180.287 for residues of amitraz and forage; beans, snap, forage; sorghum December 24, 1996. EPA believes that its metabolites in or on apples; horses, milling fractions (sorghum flour is used sufficient time has passed for stocks to fat; horses, mbyp; and horses, meat. The exclusively in the U.S. as a component have been exhausted and for treated EPA believes that sufficient time has for drywall, not as either a human or commodities to have cleared channels passed for the possibility of any stocks animal feed item); bean, forage; and pea of trade. to have been exhausted and for the forage; are no longer considered to be 11. Disulfoton. On June 4, 1997, EPA possibility of any treated commodities significant feed items, the tolerances are published a notice in the Federal to have cleared channels of trade. no longer needed. Therefore, EPA is Register (62 FR 30578) (FRL–5715–8) Also, there is a pending petition to revoking the tolerances in 40 CFR under section 6(f)(1) of FIFRA establish tolerances for the dermal use 180.342(a)(1) for beans, lima, forage; announcing its receipt of requests for of amitraz. Currently, there are six beans, snap, forage; and sorghum amendments to delete disulfoton uses tolerances in 40 CFR 180.287 for goats, milling fractions and in § 180.342(a)(2) for pineapples, rice, and sugar beets. fat; goats, mbyp; goats, meat; sheep, fat; for bean, forage and pea forage. EPA approved the request, effective sheep, mbyp; and sheep, meat at 0 ppm. Because there are currently no current December 1, 1997, and allowed the EPA has been able to identify no past or registered uses for combined residues of registrants to sell or distribute products current registrations of amitraz for use chlorpyrifos and its metabolite 3,5,6- under the previously approved labeling on goat or sheep commodities. However, trichloro-2-pyridinol on dates, for 18 months (June 1, 1999). More than due to the pending petition, EPA is not mushrooms, and seed and pod two and one-half years has passed, taking final action on those six vegetables; and for residues of which the Agency believes to be tolerances at this time. EPA believes chlorpyrifos on caneberries and sufficient time for exhaustion of those that there is no risk of exposure to sugarcane, EPA is revoking the stocks and for treated commodities to amitraz under these tolerances because tolerances for mushrooms and seed and have cleared channels of trade. Because the tolerance permits no detectable pod vegetables in 40 CFR 180.342(a)(1), no active registrations exist for use of amount of the pesticide chemical to caneberries and sugarcane in disulfoton in or on those commodities, remain on the raw agricultural § 180.342(a)(2), and dates in the EPA is revoking the tolerances in 40 commodity when it is offered for § 180.342(c)(1). EPA believes that CFR 180.183(a)(1) for residues of shipment and therefore the tolerances sufficient time has passed for stocks to disulfoton and its cholinesterase- present a reasonable certainty of no have been exhausted and for treated inhibiting metabolites in or on beets, harm to human health. In accordance commodities to have cleared channels sugar, roots; beets, sugar, tops; with FQPA, the Agency considers those of trade. pineapples; rice; and rice, straw; and the six goat and sheep tolerances at 0 ppm In addition, the Agency is revising tolerances in § 180.183(a)(2) for residues to be reassessed. commodity terminology to conform to of disulfoton, calculated as , in In addition, the Agency is revising current Agency practice as follows: In dehydrated sugar beet pulp and in commodity terminology in 40 CFR 40 CFR 180.342(a)(1) ‘‘beans, snap’’ to pineapple bran. 180.287 to conform to current Agency ‘‘bean, snap, succulent;’’ in 40 CFR The commodity ‘‘bean, vines’’ is no practice as follows: ‘‘beeswax’’ to 180.342(a)(2) ‘‘sweet potato’’ to ‘‘sweet longer considered to be a significant ‘‘honeycomb.’’ On June 21, 2002 (67 FR potato, roots;’’ and in 40 CFR animal feed item and the tolerance is no 42391)(FRL–7180–1), EPA published a 180.342(c)(1) ‘‘grapes’’ to ‘‘grape’’ and longer needed. Therefore, EPA is final rule in the Federal Register ‘‘leeks’’ to ‘‘leek.’’ revoking the tolerance for bean, vines in concerning tolerance nomenclature, On June 21, 2002 (67 FR 42391)(FRL– 40 CFR 180.183. which revised the terminology of certain 7180–1), EPA published a final rule in On February 7, 2001, EPA published commodity terms listed under 40 CFR the Federal Register concerning a notice in the Federal Register (66 FR part 180, subpart C in order to establish tolerance nomenclature, which revised 9317)(FRL–6765–9) under section 6(f)(1) a uniform listing, including the entry for the terminology of certain commodity of FIFRA announcing its receipt of ‘‘hop, dried cone’’ to ‘‘hop, dried terms listed under 40 CFR part 180, requests for amendments to delete cones.’’ subpart C in order to establish a uniform disulfoton uses for corn, oats, and

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pecans. EPA approved the request, 12. Ethalfluralin. When EPA fat; hogs, mbyp; hogs, meat; horses, fat; effective March 9, 2001, and allowed the establishes tolerances for residues in or horses, mbyp; horses, meat; milk; registrants to sell or distribute product on raw agricultural commodities, poultry, fat; poultry, mbyp; poultry, under the previously approved labeling consideration must be given to the meat; sheep, fat; sheep, mbyp; and for 18 months (ending September 9, possible residues of those pesticides in sheep, meat. 2002). EPA believes that those stocks meat, milk, poultry, and/or eggs Also, a tolerance for coffee was should be exhausted within 12 months produced by animals that are fed established in 1989 based on a FIFRA of that date (September 9, 2003). agricultural products (for example, grain section 24(c) registration and use of Because no active registrations exist for or hay) containing pesticide residues (40 fluvalinate on coffee was restricted to the use of disulfoton in or on those CFR 180.6). When considering this Hawaii. In May 1990, the registration commodities, EPA is revoking the possibility, the EPA can conclude that was canceled. Therefore, the Agency is tolerances in 40 CFR 180.183(a)(1) for (1) finite residues will exist in meat, revoking the tolerance in 40 CFR the combined residues of disulfoton and milk, poultry, and/or eggs; (2) there is a 180.427(c) for residues of fluvalinate in its cholinesterase-inhibiting metabolites, reasonable expectation that finite or on coffee. calculated as demeton, in or on corn, residues will exist; or (3) there is a 15. Metribuzin. The Agency is field, fodder; corn, field, forage; corn, reasonable expectation that finite revoking the tolerance in 40 CFR grain; corn, pop; corn, pop, fodder; corn, residues will not exist. In 1994, the 180.332 for residues of metribuzin and pop, forage; corn, sweet, fodder; corn, ethalfluralin RED recommended its triazinone metabolites in or on potato sweet, forage; corn, sweet, grain revocation for egg, milk, fat, meat, and waste, processed (dried). Because potato (K+CWHR); oats, fodder, green; oats, meat byproduct tolerances based on waste, processed (dried) is no longer grain; oats, straw; and pecans with an animal metabolism data (submitted considered a significant feed item, the expiration, revocation date of December since the time that the tolerances were tolerance is no longer needed. The EPA 9, 2003. The Agency believes that this originally established) from which EPA had issued a RED for metribuzin, revocation date permits users to exhaust concluded that there is no reasonable approved on May 20, 1997, but the stocks and allows sufficient time for expectation of finite residues for meat, potato waste, processed (dried) passage of treated commodities through fat, and meat byproduct commodities tolerance was since identified not to be the channels of trade. and the associated tolerances are not a significant feed item. required according to 40 CFR 16. Oxamyl. Because peanut, forage; In addition, EPA is revising pineapples, forage; and soybean straw commodity terminology in 40 CFR 180.6(a)(3). Those feeding studies used exaggerated amounts of the pesticide commodities are no longer considered 180.183(a) to conform to current Agency to be significant feed items, the practice as follows: ‘‘beans, dry’’ to and did not show measurable residues in animal tissues. Therefore, the Agency associated tolerances are no longer ‘‘bean, dry, seed;’’ ‘‘beans, lima’’ to needed. Therefore, EPA is revoking the ‘‘bean, lima;’’ ‘‘coffee beans’’ to ‘‘coffee, is revoking the tolerances in 40 CFR 180.416 for residues of ethalfluralin in tolerances in 40 CFR 180.303 for the bean;’’ ‘‘corn, field, fodder’’ to ‘‘corn, sum of the residues of the insecticide field, stover;’’ ‘‘corn, pop, fodder’’ to or on goats, fat; goats, meat; and goats, mbyp. oxamyl (methylN-N-dimethyl-N- ‘‘corn, pop, stover;’’ ‘‘corn, sweet, 13. Ethoprop. EPA is revoking the [(methylcarbamoyl)-oxy]-1- fodder’’ to ‘‘corn, sweet, stover;’’ tolerance for okra in 40 CFR 180.262(c). thiooxamimidate) and its oxime ‘‘cottonseed’’ to ‘‘cotton, undelinted There is currently no registered use of metabolite N,N-dimethyl-N-hydroxy-1- seed;’’ ‘‘hops’’ to ‘‘hop, dried cones;’’ ethoprop on okra. EPA has not been able thiooxamimidate calculated as oxamyl ‘‘oats, grain’’ to ‘‘oat, grain;’’ ‘‘oats, to identify a past registration of in or on peanut, forage; pineapple, straw’’ to ‘‘oat, straw;’’ ‘‘peas’’ to ‘‘pea;’’ ethoprop for use on okra since an forage; and soybean straw. ‘‘peas, vines’’ to ‘‘pea, field, vines;’’ regional tolerance was established in 17. Phorate. Because these ‘‘pecans’’ to ‘‘pecan;’’ ‘‘peppers’’ to 1987 and believes that the use was commodities are no longer considered ‘‘pepper;’’ ‘‘potatoes’’ to ‘‘potato;’’ canceled years ago. Therefore, the significant livestock feed items and ‘‘sorghum, fodder’’ to ‘‘sorghum, grain, Agency believes that sufficient time has therefore the associated tolerances are stover;’’ ‘‘soybeans, forage’’ to ‘‘soybean, passed for stocks to have been no longer needed, EPA is revoking the forage;’’ ‘‘soybeans, hay’’ to ‘‘soybean, exhausted and for treated commodities tolerances in 40 CFR 180.206 for hay;’’ ‘‘tomatoes’’ to ‘‘tomato;’’ and to have cleared channels of trade. combined residues of phorate and its ‘‘wheat, fodder, green’’ to ’’wheat, hay.‘‘ 14. Fluvalinate. With the exception of cholinesterase-inhibiting metabolites in Also in 180.183, EPA is revising ’’corn, honey, which is linked to the active or on bean, vines and peanut, vines. grain’’ to ‘‘corn, field, grain;’’ ‘‘corn, registration for use in/on beehives, there Because current product labels do not pop’’ to ‘‘corn, pop, grain;’’ ‘‘corn, are no active food-use registrations for allow feeding livestock with peanut hay sweet, grain (K+CWHR)’’ to ‘‘corn, the insecticide fluvalinate. The use of treated with phorate, the tolerance is no sweet, kernel plus cob with husks fluvalinate on cotton was voluntarily longer needed. Therefore, the Agency is removed;’’ ‘‘oats, fodder, green‘‘ to ‘‘oat, canceled in 1991. Cotton had been the revoking the tolerance in 40 CFR hay;’’ and ‘‘sugarcane’’ to ‘‘sugarcane, only animal feed use for fluvalinate; 180.206 for peanuts, hay. In addition, cane.’’ therefore, the animal commodity sufficient sugar beet processing data are On June 21, 2002 (67 FR 42391)(FRL– tolerances are no longer needed. EPA available that indicate phorate residues 7180–1), EPA published a final rule in believes that sufficient time has passed of concern do not concentrate in dried the Federal Register concerning for exhaustion of those stocks and for sugar beet pulp. Therefore, that tolerance nomenclature, which revised treated commodities to have cleared tolerance is no longer needed and EPA the terminology of certain commodity channels of trade. Therefore, EPA is is revoking the tolerance in 40 CFR terms listed under 40 CFR part 180, revoking the tolerances in 40 CFR 180.206 for beet, sugar, dried pulp. subpart C in order to establish a uniform 180.427(a) for residues of fluvalinate in 18. Phosalone. EPA is revoking the listing, including the entries for or on cattle, fat; cattle, mbyp; cattle, tolerance in 40 CFR 180.263 for residues ‘‘peanuts’’ to ‘‘peanut;’’ ‘‘sorghum, meat; cottonseed; cottonseed hulls; of phosalone in or on almond, hulls grain’’ to ‘‘sorghum, grain, grain;’’ and cottonseed oil (crude and refined); eggs; because that tolerance is no longer ‘‘soybeans’’ to ‘‘soybean.’’ goat, fat; goat, mbyp; goat, meat; hogs, needed. In 1986, 1987, and 1991,

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registrations for phosalone use on practice as follows: ‘‘grass, hay (straw)’’ tribufos residues occurred during almonds were canceled. There are no to ‘‘grass, hay’’ and ‘‘grass, straw;’’. normal processing procedures in U.S. registrations. While a tolerance for 21. Tetrachlorvinphos. EPA is cottonseed meal, hulls, crude and almonds exists for importation purposes revoking tolerances in 40 CFR refined oils. only, the tolerance for ‘‘almond, hulls’’ 180.252(a) for residues of B. What is the Agency’s Authority for is not needed for import purposes. tetrachlorvinphos in or on alfalfa and Almond hulls are a livestock feed item sheep, fat. All registered uses of Taking this Action? and are not imported, nor do countries tetrachlorvinphos on food or feed plant It is EPA’s general practice to propose with registered uses for phosalone on commodities, including alfalfa, were revocation of tolerances for residues of almonds export significant quantities of canceled in 1987. In June 1995, EPA had pesticide active ingredients on crop uses livestock commodities to the U.S. issued a RED for tetrachlorvinphos for which FIFRA registrations no longer 19. Phosmet. EPA is revoking the which recommended revoking the exist. EPA has historically been tolerances in 40 CFR 180.261 for the tolerances for ‘‘alfalfa’’ and ‘‘sheep, fat’’ concerned that retention of tolerances sum of the residues for N- because there were no registered uses that are not necessary to cover residues (mercaptomethyl) phthalimide S-(O,O- associated with those commodities. On in or on legally treated foods may dimethyl phosphorodithioate) and its August 27, 1997 (62 FR 45416) (FRL– encourage misuse of pesticides within oxygen analog N-(mercaptomethyl) 5737–4), the EPA published the the United States. Nonetheless, EPA phthalimide S-(O,O-dimethyl registrant’s request for voluntary will establish and maintain tolerances phosphorothioate) in or on corn, fresh cancellation for the remaining even when corresponding domestic uses (inc. sweet K+CWHR); corn, fodder; tetrachlorvinphos product that could are canceled if the tolerances, which corn, forage; and corn, grain because no have had the sheep use. EPA believes EPA refers to as ‘‘import tolerances,’’ are active registrations exist which cover that end users have now had sufficient necessary to allow importation into the those commodities. Previously, on April time to exhaust those stocks and for United States of food containing such 17, 1996 (61 FR 16779)(FRL-5360-5), treated commodities to have cleared pesticide residues. However, where EPA had published a notice in the channels of trade. there are no imported commodities that Federal Register under section 6(f)(1) of 22. Thiram. EPA is revoking the require these import tolerances, the FIFRA announcing its receipt of tolerances in 40 CFR 180.132 for celery, Agency believes it is appropriate to requests from the registrant to delete onions (dry bulb), tomatoes, and revoke tolerances for unregistered ‘‘bananas (from preharvest and certain product label uses, including the pesticides in order to prevent potential postharvest application) of which not corn use for phosmet. EPA approved the misuse. registrant’s request for an amendment to more than 1 part per million shall be in delete the corn use from its label the pulp after peel is removed and C. When Do These Actions Become effective July 16, 1996, and allowed the discarded.’’ On November 6, 1996, the Effective? registrant to sell and distribute affected EPA published a notice in the Federal EPA is revoking certain tolerances for existing stocks for 18 months; i.e., until Register (61 FR 57419)(FRL–5570–5) disulfoton with an expiration/ January 16, 1998. EPA believes that end under section 6(f)(1) of FIFRA revocation date of December 9, 2003. users have now had sufficient time announcing its receipt of requests for The Agency is revoking most ethion (more than 4 years) to exhaust those amendments to delete certain uses, tolerances with an expiration/revocation stocks and for treated commodities to including bananas, celery, onions (dry date of October 1, 2008. The Agency is have cleared channels of trade. bulb), and tomatoes from the thiram 20. Propiconazole. EPA is revoking technical label, effective February 4, also revoking fenthion tolerances for the tolerance in 40 CFR 180.434 for 1997. The Agency allowed a period of cattle with an expiration/revocation grass, seed screenings because that 18 months for the registrant to sell or date of April 1, 2006 and fenthion commodity is no longer considered a distribute product under previously tolerances for hogs and milk with an significant feed item and therefore the approved labeling. The Agency believes expiration/revocation date of April 1, tolerance is no longer needed. Also, that end users have had sufficient time 2003. because a tolerance for stonefruit group to exhaust product under the previously However, other actions (including any at 1.0 ppm already exists for the approved labeling and for treated commodity terminology revisions combined residues of propiconazole and commodities to have cleared channels concerning tolerances for disulfoton, its metabolites determined as 2,4- of trade. For tolerance reassessment ethion, or fenthion, as well as dichlorobenzoic acid (expressed as counting purposes, the EPA will count revocations and commodity terminology parent compound) in 40 CFR 180.434, bananas as 2 tolerances (banana, with revisions concerning tolerances for the EPA believes that each of the peel, pre- and post-harvest at 7.0 ppm other pesticides mentioned in this final individual tolerances in § 180.434 at 1.0 and banana, pulp at 1.0 ppm). In rule) become effective 90 days following ppm for apricots, nectarines, peaches, addition, the EPA is revising commodity publication of this final rule in the plums, and prunes, fresh are terminology in 40 CFR 180.132 to Federal Register. EPA has delayed the unnecessary duplicates and therefore is conform to current Agency practice as effectiveness of these revocations for 90 removing them. The use of follows: ‘‘apples’’ to ‘‘apple,’’ ‘‘peaches’’ days following publication of this final propiconazole on those commodities to ‘‘peach,’’ and ‘‘strawberries’’ to rule to ensure that all affected parties will be covered by the remaining group ‘‘strawberry.’’ receive notice of EPA’s actions. tolerance. For reassessment counting 23. Tribufos. EPA is revoking the Consequently, for these other actions, purposes, the Agency will not count tolerance in 40 CFR 180.272 for residues the effective date is October 29, 2002. removal of those fruit tolerances as of tribufos (S,S,S-tributyl For this final rule, tolerances that were reassessments because the use will phosphorotrithioate) in or on cottonseed revoked because registered uses did not remain covered by the existing hulls because the tolerance is no longer exist concern uses which have been ‘‘stonefruit group’’ tolerance. In needed, based on a cottonseed canceled for many years. Therefore, addition, the EPA is revising the processing study, which showed that commodities containing these pesticide commodity terminology for in 40 CFR while residues of tribufos in cottonseed residues should have cleared the 180.434 to conform to current Agency had been present, no concentration of channels of trade.

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Any commodities listed in the Residue Limits (MRLs) in setting U.S. information that does not contain CBI regulatory text of this document that are tolerances and in reassessing them. must be submitted for inclusion in the treated with the pesticides subject to MRLs are established by the Codex public record. Information not marked this final rule, and that are in the Committee on Pesticide Residues, a confidential may be disclosed publicly channels of trade following the committee within the Codex by EPA without prior notice. tolerance revocations, shall be subject to Alimentarius Commission, an Mail your written request to: Office of FFDCA section 408(1)(5), as established international organization formed to the Hearing Clerk (1900), Environmental by the FQPA. Under this section, any promote the coordination of Protection Agency, 1200 Pennsylvania residue of these pesticides in or on such international food standards. When Ave., NW., Washington, DC 20460. You food shall not render the food possible, EPA seeks to harmonize U.S. may also deliver your request to the adulterated so long as it is shown to the tolerances with Codex MRLs. EPA may Office of the Hearing Clerk in Rm. C400, satisfaction of FDA that, (1) the residue establish a tolerance that is different Waterside Mall, 401 M St., SW., is present as the result of an application from a Codex MRL; however, FFDCA Washington, DC 20460. The Office of or use of the pesticide at a time and in section 408(b)(4) requires that EPA the Hearing Clerk is open from 8 a.m. a manner that was lawful under FIFRA, explain in a Federal Register document to 4 p.m., Monday through Friday, and (2) the residue does not exceed the the reasons for departing from the excluding legal holidays. The telephone level that was authorized at the time of Codex level. EPA’s effort to harmonize number for the Office of the Hearing the application or use to be present on with Codex MRLs is summarized in the Clerk is (202) 260–4865. the food under a tolerance or exemption tolerance reassessment section of 2. Objection/hearing fee payment. If from a tolerance. Evidence to show that individual REDs. The U.S. EPA has you file an objection or request a food was lawfully treated may include developed guidance concerning hearing, you must also pay the fee records that verify the dates that the submissions for import tolerance prescribed by 40 CFR 180.33(i) or pesticide was applied to such food. support (65 FR 35069, June 1, 2000) request a waiver of that fee pursuant to (FRL–6559–3). This guidance will be 40 CFR 180.33(m). You must mail the D. What is the Contribution to Tolerance fee to: EPA Headquarters Accounting Reassessment? made available to interested persons. Electronic copies are available on the Operations Branch, Office of Pesticide By law, EPA is required by August internet at http://www.epa.gov/. On the Programs, P.O. Box 360277M, 2002 to reassess 66% or about 6,400 of Home Page select ‘‘Laws and Pittsburgh, PA 15251. Please identify the tolerances in existence on August 2, Regulations,’’ then select ‘‘Regulations the fee submission by labeling it 1996. EPA is also required to assess the and Proposed Rules’’ and then look up ‘‘Tolerance Petition Fees.’’ remaining tolerances by August, 2006. EPA is authorized to waive any fee the entry for this document under As of July 17, 2002, EPA has reassessed requirement ‘‘when in the judgement of ‘‘Federal Register—Environmental over 5,680 tolerances. This final rule the Administrator such a waiver or Documents.’’ You can also go directly to revokes 140 tolerances, four of which refund is equitable and not contrary to the ‘‘Federal Register’’ listings at http:/ were previously counted as reassessed the purpose of this subsection.’’ For /www.epa.gov/fedrgstr/. for cryolite during a registration additional information regarding the decision action on December 5, 1997 (62 IV. Objections and Hearing Requests waiver of these fees, you may contact FR 64294) (FRL–5756–5), three of which James Tompkins by phone at (703) 305– A. What Do I Need to Do to File an were previously counted as reassessed 5697, by e-mail at Objection or Request a Hearing? for ethalfluralin during a registration [email protected], or by mailing a decision action on January 17, 2002 (67 You must file your objection or request for information to Mr. Tompkins FR 2333) (FRL–6818–6), one of which request a hearing on this regulation in at Registration Division (7505C), Office was previously reassessed in the accordance with the instructions of Pesticide Programs, Environmental metribuzin RED of 1997, and two provided in this unit and in 40 CFR part Protection Agency, 1200 Pennsylvania tolerances were previously counted as 178. To ensure proper receipt by EPA, Ave., NW., Washington, DC 20460. reassessed for disulfoton in a notice you must identify docket ID number If you would like to request a waiver published on May 22, 2002 (67 FR OPP–2002–0155 in the subject line on of the tolerance objection fees, you must 35991)(FRL–7178–9). Of the 140 the first page of your submission. All mail your request for such a waiver to: tolerance revocations, 130 tolerances are requests must be in writing, and must be James Hollins, Information Resources considered reassessed in this final rule. mailed or delivered to the Hearing Clerk and Services Division (7502C), Office of Additionally, EPA considered six goat on or before September 30, 2002. Pesticide Programs, Environmental and sheep tolerances at 0 ppm for 1. Filing the request. Your objection Protection Agency, 1200 Pennsylvania amitraz to be reassessed. Therefore, a must specify the specific provisions in Ave., NW., Washington, DC 20460. total of 136 tolerance reassessments the regulation that you object to, and the 3. Copies for the Docket. In addition count toward the August, 2002 review grounds for the objections (40 CFR to filing an objection or hearing request deadline of FFDCA section 408(q), as 178.25). If a hearing is requested, the with the Hearing Clerk as described in amended by FQPA in 1996. However, objections must include a statement of Unit IV.A., you should also send a copy the Agency does not consider the the factual issues(s) on which a hearing of your request to the PIRIB for its removal of 5 propiconazole and 2 is requested, the requestor’s contentions inclusion in the official record that is pirimiphos-methyl tolerances as on such issues, and a summary of any described in Unit I.B.2. Mail your reassessments and they are not counted evidence relied upon by the objector (40 copies, identified by docket ID number as such in this final rule. CFR 178.27). Information submitted in OPP–2002–0155, to: Public Information connection with an objection or hearing and Records Integrity Branch, III. Are There Any International Trade request may be claimed confidential by Information Resources and Services Issues Raised by this Final Action? marking any part or all of that Division (7502C), Office of Pesticide EPA is working to ensure that the U.S. information as CBI. Information so Programs, Environmental Protection tolerance reassessment program under marked will not be disclosed except in Agency, 1200 Pennsylvania Ave., NW., FQPA does not disrupt international accordance with procedures set forth in Washington, DC 20460. In person or by trade. EPA considers Codex Maximum 40 CFR part 2. A copy of the courier, bring a copy to the location of

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the PIRIB described in Unit I.B.2. You Protection of Children from alter the relationships or distribution of may also send an electronic copy of Environmental Health Risks and Safety power and responsibilities established your request via e-mail to: opp- Risks (62 FR 19885, April 23, 1997). by Congress in the preemption [email protected]. Please use an ASCII This action does not involve any provisions of FFDCA section 408(n)(4). file format and avoid the use of special technical standards that would require For these same reasons, the Agency has characters and any form of encryption. Agency consideration of voluntary determined that this rule does not have Copies of electronic objections and consensus standards pursuant to section any ‘‘tribal implications’’ as described hearing requests will also be accepted 12(d) of the National Technology in Executive Order 13175, entitled on disks in WordPerfect 6.1/8.0 or Transfer and Advancement Act of 1995 Consultation and Coordination with ASCII file format. Do not include any (NTTAA), Public Law 104–113, section Indian Tribal Governments (65 FR CBI in your electronic copy. You may 12(d) (15 U.S.C. 272 note). Pursuant to 67249, November 6, 2000). Executive also submit an electronic copy of your the Regulatory Flexibility Act (RFA) (5 Order 13175, requires EPA to develop request at many Federal Depository U.S.C. 601 et seq.), the Agency an accountable process to ensure Libraries. previously assessed whether revocations ‘‘meaningful and timely input by tribal of tolerances might significantly impact B. When Will the Agency Grant a officials in the development of Request for a Hearing? a substantial number of small entities and concluded that, as a general matter, regulatory policies that have tribal A request for a hearing will be granted these actions do not impose a significant implications.’’ ‘‘Policies that have tribal if the Administrator determines that the economic impact on a substantial implications’’ is defined in the material submitted shows the following: number of small entities. This analysis Executive Order to include regulations There is a genuine and substantial issue was published on December 17, 1997 that have ‘‘substantial direct effects on of fact; there is a reasonable possibility (62 FR 66020), and was provided to the one or more Indian tribes, on the that available evidence identified by the Chief Counsel for Advocacy of the Small relationship between the Federal requestor would, if established resolve Business Administration. Taking into Government and the Indian tribes, or on one or more of such issues in favor of account this analysis, and available the distribution of power and the requestor, taking into account information concerning the pesticides responsibilities between the Federal uncontested claims or facts to the listed in this rule, I certify that this Government and Indian tribes.’’ This contrary; and resolution of the factual action will not have a significant rule will not have substantial direct issues(s) in the manner sought by the economic impact on a substantial effects on tribal governments, on the requestor would be adequate to justify number of small entities. Specifically, as the action requested (40 CFR 178.32). relationship between the Federal per the 1997 notice, EPA has reviewed Government and Indian tribes, or on the V. Regulatory Assessment its available data on imports and foreign distribution of power and Requirements pesticide usage and concludes that there responsibilities between the Federal This final rule will revoke tolerances is a reasonable international supply of Government and Indian tribes, as established under FFDCA section 408. food not treated with canceled specified in Executive Order 13175. The Office of Management and Budget pesticides. Furthermore, the Agency Thus, Executive Order 13175 does not (OMB) has exempted this type of action knows of no extraordinary apply to this rule. (i.e., a tolerance revocation for which circumstances that exist as to the extraordinary circumstances do not present revocations that would change VI. Submission to Congress and the exist) from review under Executive EPA’s previous analysis. Comptroller General Order 12866, entitled Regulatory In addition, the Agency has The Congressional Review Act, 5 Planning and Review (58 FR 51735, determined that this action will not October 4, 1993). Because this final rule have a substantial direct effect on States, U.S.C. 801 et seq., as added by the Small has been exempted from review under on the relationship between the national Business Regulatory Enforcement Executive Order 12866 due to its lack of government and the States, or on the Fairness Act of 1996, generally provides significance, this final rule is not subject distribution of power and that before a rule may take effect, the to Executive Order 13211, Actions responsibilities among the various agency promulgating the rule must Concerning Regulations That levels of government, as specified in submit a rule report, which includes a Significantly Affect Energy Supply, Executive Order 13132, entitled copy of the rule, to each House of the Distribution, or Use (66 FR 28355, May Federalism(64 FR 43255, August 10, Congress and to the Comptroller General 22, 2001). This final rule does not 1999). Executive Order 13132 requires of the United States. EPA will submit a contain any information collections EPA to develop an accountable process report containing this rule and other subject to OMB approval under the to ensure ‘‘meaningful and timely input required information to the U.S. Senate, Paperwork Reduction Act (PRA), 44 by State and local officials in the the U.S. House of Representatives, and U.S.C. 3501 et seq., or impose any development of regulatory policies that the Comptroller General of the United enforceable duty or contain any have federalism implications.’’ ‘‘Policies States prior to publication of this final unfunded mandate as described under that have federalism implications’’ is rule in the Federal Register. This final Title II of the Unfunded Mandates defined in the Executive Order to rule is not a ‘‘major rule’’ as defined by Reform Act of 1995 (UMRA) (Public include regulations that have 5 U.S.C. 804(2). Law 104–4). Nor does it require any ‘‘substantial direct effects on the States, special considerations as required by on the relationship between the national List of Subjects in 40 CFR Part 180 Executive Order 12898, entitled Federal government and the States, or on the Actions to Address Environmental distribution of power and Environmental protection, Justice in Minority Populations and responsibilities among the various Administrative practice and procedure, Low-Income Populations (59 FR 7629, levels of government.’’ This final rule Agricultural commodities, Pesticides February 16, 1994); or OMB review or directly regulates growers, food and pests, Reporting and recordkeeping any other Agency action under processors, food handlers and food requirements. Executive Order 13045, entitled retailers, not States. This action does not

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Dated: July 22, 2002. § 180.132 Thiram; tolerances for residues. § 180.145 [Amended] Marcia E. Mulkey, (a) General. Tolerances for residues of 4. Section 180.145 is amended by Director, Office of Pesticide Programs. the fungicide thiram (tetramethyl removing the entries for ‘‘Beet, roots’’; Therefore, 40 CFR part 180 is thiuram disulfide) in or on raw ‘‘Radish, roots’’; ‘‘Rutabaga, roots’’; and amended as follows: agricultural commodities are established ‘‘Turnip, roots’’ from the table in paragraph (a)(1). as follows: PART 180— [AMENDED] § 180.169 [Amended] Commodity Parts per million 1. The authority citation for part 180 5. Section 180.169 is amended by continues to read as follows: Apple ...... 7.0 removing the entries for ‘‘Barley, grain’’; Peach ...... 7.0 ‘‘Barley, green fodder’’; ‘‘Barley, straw’’; Authority: 21 U.S.C. 321(q), 346(a) and ‘‘Cotton, forage’’; ‘‘Oat, fodder, green’’; 371. Strawberry ...... 7.0 ‘‘Oat, grain’’; ‘‘Oat, straw’’; ‘‘Rye, fodder, § 180.108 [Amended] green’’; ‘‘Rye, grain’’; and ‘‘Rye, straw’’ (b) Section 18 emergency exemptions. from the table in paragraph (a)(1). 2. Section 180.108 is amended by [Reserved] 6. Section 180.173 is amended by removing the entries for ‘‘Grass (pasture (c) Tolerances with regional revising the table in paragraph (a) to and range)’’ and ‘‘Grass hay’’ from the read as follows: table in paragraph (a)(1). registrations. [Reserved] 3. Section 180.132 is revised to read (d) Indirect or inadvertent residues. § 180.173 Ethion; tolerances for residues. as follows: [Reserved] (a) General. ***

Expiration/Revocation Commodity Parts per million Date

Cattle, fat ...... 2.5 None Cattle, meat (fat basis) ...... 2.5 None Cattle, meat byproducts ...... 1.0 None Citrus, dried pulp ...... 10.0 10/1/08 Fruit, citrus ...... 2.0 10/1/08 Goat, fat ...... 0.2 10/1/08 Goat, meat ...... 0.2 10/1/08 Goat, meat byproducts ...... 0.2 10/1/08 Hog, fat ...... 0.2 10/1/08 Hog, meat ...... 0.2 10/1/08 Hog, meat byproducts ...... 0.2 10/1/08 Horse, fat ...... 0.2 10/1/08 Horse, meat ...... 0.2 10/1/08 Horse, meat byproducts] ...... 0.2 10/1/08 Milk fat (reflecting (N) residues in milk) ...... 0.5 None Sheep, fat ...... 0.2 10/1/08 Sheep, meat ...... 0.2 10/1/08 Sheep, meat byproducts ...... 0.2 10/1/08

* * * * * § 180.183 [O,O-Diethyl S-[2- (ethylthio)ethyl] phosphorodithioate (ethylthio)ethyl] phosphorodithioate; and its cholinesterase-inhibiting 7. Section 180.183 is amended by tolerances for residues. revising paragraph (a) to read as follows: metabolites, calculated as demeton, in (a) General. Tolerances are or on the following raw agricultural established for the combined residues of commodities: the insecticide O,O-diethyl S-[2-

Expiration/Revocation Commodity Parts per million Date

Barley, grain ...... 0.75 None Barley, straw ...... 5.0 None Bean, dry, seed ...... 0.75 None Bean, lima ...... 0.75 None Bean, snap ...... 0.75 None Broccoli ...... 0.75 None Brussels sprouts ...... 0.75 None Cabbage ...... 0.75 None Cauliflower ...... 0.75 None Coffee, bean ...... 0.3 None Corn, field, forage ...... 5.0 12/9/03 Corn, field, grain ...... 0.3 12/9/03 Corn, field, stover ...... 5.0 12/9/03 Corn, pop, forage ...... 5.0 12/9/03 Corn, pop, grain ...... 0.3 12/9/03 Corn, pop, stover ...... 5.0 12/9/03 Corn, sweet, forage ...... 5.0 12/9/03 Corn, sweet, kernel plus cob with husks removed ...... 0.3 12/9/03

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Expiration/Revocation Commodity Parts per million Date

Corn, sweet, stover ...... 5.0 12/9/03 Cotton, undelinted seed ...... 0.75 None Hop, dried cones ...... 0.5 None Lettuce ...... 0.75 None Oat, grain ...... 0.75 12/9/03 Oat, hay ...... 5.0 12/9/03 Oat, straw ...... 5.0 12/9/03 Peanut ...... 0.75 None Pea ...... 0.75 None Pea, field, vines ...... 5.0 None Pecan ...... 0.75 12/9/03 Pepper ...... 0.1 None Potato ...... 0.75 None Sorghum, forage ...... 5.0 None Sorghum, grain, grain ...... 0.75 None Sorghum, grain, stover ...... 5.0 None Soybean ...... 0.1 None Soybean, forage ...... 0.25 None Soybean, hay ...... 0.25 None Spinach ...... 0.75 None Sugarcane, cane ...... 0.3 None Tomato ...... 0.75 None Wheat, hay ...... 5.0 None Wheat, grain ...... 0.3 None Wheat, straw ...... 5.0 None

* * * * * hay’’; and ‘‘Peanut, vines’’; from the § 180.214 Fenthion; tolerances for table in paragraph (a). residues. § 180.206 [Amended] 8. Section 180.206 is amended by 9. Section 180.214 is amended by (a) General. *** removing the entries for ‘‘Bean, vines’’; revising the table in paragraph (a) to ‘‘Beet, sugar, dried pulp’’; ‘‘Peanut, read as follows:

Expiration/Revocation Commodity Parts per million Date

Cattle, fat ...... 0.1 4/1/06 Cattle, meat ...... 0.1 4/1/06 Cattle, meat byproducts ...... 0.1 4/1/06 Hog, fat ...... 0.1 4/1/03 Hog, meat ...... 0.1 4/1/03 Hog, meat byproducts ...... 0.1 4/1/03 Milk ...... 0.01 4/1/03

* * * * * (c) Tolerances with regional iii. By alphabetically adding entries registrations. [Reserved] for ‘‘Honeycomb’’ and ‘‘Hop, dried § 180.252 [Amended] * * * * * cones’’ to the table in newly designated 10. Section 180.252 is amended by paragraph (a). removing from the table in paragraph § 180.263 [Amended] iv. By adding and reserving with (a)(1) the entries for ‘‘Alfalfa’’ and 13. Section 180.263 is amended by headings paragraphs (b), (c), and (d). ‘‘Sheep, fat.’’ removing the entry for ‘‘Almond, hulls’’ § 180.287 Amitraz; tolerances for residues. from the table. § 180.261 [Amended] (a) General. *** § 180.272 [Amended] 11. Section 180.261 is amended by Commodity Parts per million removing from the table in paragraph (a) 14. Section 180.272 is amended by removing from the table in paragraph (a) the entries for ‘‘Corn, fresh (inc. sweet ***** K+CWHR)’’; ‘‘Corn, fodder’’; ‘‘Corn, the entry for ‘‘Cotton, hulls.’’ Honeycomb ...... 6.0 forage’’; and ‘‘Corn, grain.’’ 15. Section 180.287 is amended as Hop, dried cones ...... 60.0 follows: ***** 12. Section 180.262 is amended by removing the text of paragraph (c) and i. By redesignating the existing text as reserving paragraph (c) with a heading, paragraph (a) and adding a heading. (b) Section 18 emergency exemptions. to read as follows: ii. By removing the entries from table [Reserved] in newly designated paragraph (a) for (c) Tolerances with regional § 180.262 Ethoprop; tolerances for ‘‘Apple’’; ‘‘Beeswax’’; ‘‘Hop, dried registrations. [Reserved] residues. cone’’; ‘‘Horse, fat’’; ‘‘Horse, meat (d) Indirect or inadvertent residues. * * * * * byproducts’’; and ‘‘Horse, meat.’’ [Reserved]

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§ 180.303 [Amended] combined residues of chlorpyrifos and § 180.416 [Amended] 16. Section 180.303 is amended by its metabolite 3,5,6-trichloro-2-pyridinol 22. Section 180.416 is amended by removing from the table in paragraph in or on the following food removing the entries for ‘‘Goat, fat’’; (a)(1) the entries for ‘‘Peanut, forage’’; commodities: ‘‘Goat, meat’’; and ‘‘Goat, meat ‘‘Pineapple, forage’’; and ‘‘Soybean byproducts’’ from the table in paragraph straw.’’ Commodity Parts per million (a). 17. Section 180.315 is amended by 23. Section 180.427 is amended by revising the table in paragraph (a) to Asparagus ... 5.0 revising the table in paragraph (a); Grape ...... 0.5 removing the text in paragraph (c); and read as follows: Leek (of which no reserving paragraph (c) with a heading § 180.315 Methamidophos; tolerances for to read as follows: residues. more than 0.2 ppm is (a) General. * * * § 180.427 Fluvalinate; tolerances for chlorpyrifo- residues. s) ...... 0.5 Commodity Parts per million (a) General. * * *

Broccoli ...... 1.0 * * * * * Commodity Parts per million Brussels § 180.404 [Amended] sprouts .... 1.0 Honey ...... 0.05 Cabbage ..... 1.0 20. Section 180.404 is amended by Cauliflower .. 1.0 removing the entries for ‘‘Cotton, hulls’’; * * * * * Cotton, ‘‘Hog, fat’’; ‘‘Hog, meat byproducts’’; and (c) Tolerances with regional undelinted ‘‘Hog, meat’’ from the table in paragraph registrations. [Reserved] seed ...... 0.1 (a). * * * * * Cucumber ... 1.0 Eggplant ...... 1.0 21. Section 180.409 is amended by revising the table in paragraph (a)(1); § 180.434 [Amended] Lettuce ...... 1.0 24. Section 180.434 is amended by Melon ...... 0.5 removing paragraph (a)(2); and Pepper ...... 1.0 redesignating paragraph (a)(3) as revising the table in paragraph (a) as Potato ...... 0.1 paragraph (a)(2) to read as follows: follows: Tomato ...... 1.0 i. By removing the entries for § 180.409 Pirimiphos-methyl; tolerances ‘‘Apricot,’’ ‘‘Grass, seed screenings,’’ * * * * * for residues. ‘‘Nectarine,’’ ‘‘Peach,’’ ‘‘Plum,’’ and (a) General. (1) * * * ‘‘Plum, prune, fresh.’’ § 180.332 [Amended] ii. By changing ‘‘Grass, hay (straw)’’ to 18. Section 180.332 is amended by Commodity Parts per million ‘‘Grass, hay’’ and ‘‘Grass, straw;’’. removing from the table in paragraph (a) [FR Doc. 02–19104 Filed 7–30–02; 8:45 am] Cattle, fat .... 0.2 the entry for ‘‘Potato waste, processed BILLING CODE 6560–50–S (dried).’’ Cattle, kid- 19. Section 180.342 is amended as ney ...... 2.0 follows: Cattle, liver .. 2.0 Cattle, meat 0.2 ENVIRONMENTAL PROTECTION i. By removing the entries for ‘‘Bean, Cattle, meat AGENCY lima, forage’’; ‘‘Bean, snap, forage’’; byproducts 0.2 ‘‘Mushroom’’; ‘‘Seed and pod Corn ...... 8.0 40 CFR Part 271 vegetables’’ and ‘‘Sorghum milling Goat, fat ...... 0.2 [FRL–7252–4] fractions’’ from the table in paragraph Goat, kidney 2.0 (a)(1). Goat, liver ... 2.0 Michigan: Final Authorization of State ii. By changing ‘‘Bean, snap’’ to Goat, meat Hazardous Waste Management ‘‘Bean, snap, succulent’’; ‘‘Sorghum, byproducts 0.2 Program Revision fodder’’ to ‘‘Sorghum, grain, stover’’; Hog, fat ...... 0.2 and ‘‘Sorghum, grain’’ to ‘‘Sorghum, Hog, kidney 2.0 AGENCY: Environmental Protection Hog, liver .... 2.0 Agency (EPA). grain, grain’’; in the table in paragraph Hog, meat ACTION: (a)(1). byproducts 0.2 Final rule. iii. By removing the entries for ‘‘Bean, Horse, fat .... 0.2 SUMMARY: The EPA is granting Michigan forage’’; ‘‘Caneberries’’; ‘‘Pea forage’’; Horse, kid- final authorization of revisions to its and ‘‘Sugarcane’’ from the table in ney ...... 2.0 hazardous waste management program paragraph (a)(2). Horse, liver 2.0 under the Resource Conservation and iv. By changing ‘‘Sweet potato’’ to Horse, meat Recovery Act (RCRA). EPA published a ‘‘Sweet potato, roots’’ in the table in byproducts 0.2 proposed rule on February 28, 2002 at paragraph (a)(2). Kiwifruit ...... 5.0 Poultry, fat .. 0.2 67 FR 9225 and provided for public v. By revising paragraph (c)(1). Sheep, fat ... 0.2 comment. The public comment period The section, as amended, reads as Sheep, kid- follows: ended on April 15, 2002. We received ney ...... 2.0 comments from two commenters, Sheep, liver 2.0 § 180.342 Chlorpyrifos; tolerances for addressed below. No further Sheep, meat residues. byproducts 0.2 opportunity for comment will be * * * * * Sorghum, provided. EPA has determined that (c) Tolerances with regional grain, Michigan’s revisions satisfy all registrations. (1) Tolerances with grain ...... 8.0 requirements for final authorization. regional registration, as defined in EFFECTIVE DATE: Final authorization for § 180.1(n), are established for the * * * * * the revisions to Michigan’s hazardous

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