Federal Register/Vol. 67, No. 147/Wednesday, July 31, 2002/Rules
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49606 Federal Register / Vol. 67, No. 147 / Wednesday, July 31, 2002 / Rules and Regulations burden under the provisions of the pesticides acephate, amitraz, carbaryl, I. General Information Paperwork Reduction Act of 1995 (44 chlorpyrifos, cryolite, disulfoton, A. Does this Action Apply to Me? U.S.C. 3501 et seq.). ethalfluralin, ethion, ethoprop, fenthion, The Congressional Review Act, 5 fluvalinate, methamidophos, You may be affected by this action if U.S.C. 801 et seq., as added by the Small metribuzin, oxamyl, phorate, phosalone, you are an agricultural producer, food Business Regulatory Enforcement phosmet, pirimiphos-methyl, manufacturer, or pesticide Fairness Act of 1996, generally provides profenofos, propiconazole, manufacturer. Potentially affected that before a rule may take effect, the tetrachlorvinphos, 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 Insecticide, 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 VerDate Jul<25>2002 10:13 Jul 30, 2002 Jkt 197001 PO 00000 Frm 00046 Fmt 4700 Sfmt 4700 E:\FR\FM\31JYR1.SGM pfrm17 PsN: 31JYR1 Federal Register / Vol. 67, No. 147 / Wednesday, July 31, 2002 / Rules and Regulations 49607 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.