Federal Register: July 17, 2002 (Volume 67, Number 137)
DOCID: FR Doc 02-17872
ENVIRONMENTAL PROTECTION AGENCY
Environmental Protection Agency
CFR Citation: 40 CFR Part 180
OPP ID: [OPP-2002-0068; FRL-7177-7]
NOTICE: RULES
ACTION: Pesticides; tolerances in food, animal feeds, and raw agricultural commodities:
DOCUMENT ACTION: Final rule.
SUBJECT CATEGORY:
Benomyl; Tolerance Revocations
DATES: This regulation is effective October 15, 2002; however, certain regulatory actions will not occur until the date specified in the regulatory text. Objections and requests for hearings, identified by docket control number OPP20020068, must be received by EPA on or before September 16, 2002.
DOCUMENT SUMMARY:
This document revokes all tolerances for residues of the fungicide benomyl because this pesticide active ingredient is no longer registered for food uses in the United States. The regulatory actions in this document are part of the Agency's reregistration program under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), and the tolerance reassessment requirements of the Federal Food, Drug, and Cosmetic Act (FFDCA) section 408(q), as amended by the Food Quality Protection Act (FQPA) of 1996. By law, EPA is required by August 2002 to reassess 66% of the tolerances in existence on August 2, 1996, or about 6,400 tolerances. The regulatory actions in this document pertain to the revocation of 100 tolerances which are counted among tolerance/ exemption reassessments made toward the August, 2002 review deadline.
SUMMARY:
Benomyl,
SUPPLEMENTAL INFORMATION
I. General Information
A. Does this Action Apply to Me?
You may be affected by this action if you are an agricultural
producer, food manufacturer, or pesticide manufacturer. Potentially
affected categories and entities may include, but are not limited to:
NAICS Examples of Potentially
Categories codes Affected Entities
Industry 111 Crop production
112 Animal production
311 Food manufacturing [[Page 46901]]
32532 Pesticide manufacturing
This listing is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be affected by this action. Other types of entities not listed in the table could also be affected. The North American Industrial Classification System (NAICS) codes have been provided to assist you and others in determining whether or not this action might apply to certain entities. If you have questions regarding the applicability of this action to a particular entity, consult the person listed under SUPPLEMENTARY INFORMATION. B. How can I Get Additional Information, Including Copies of this Document?
1. Electronically. You may obtain electronic copies of this document, and certain other related documents that might be available electronically, from the EPA Internet Home Page at http://www.epa.gov/. To access this document, on the Home Page select ``Laws and Regulations'', ``Regulations and Proposed Rules,'' and then look up the entry for this document under the ``Federal Register Environmental Documents.'' You can also go directly to the Federal Register listings at http://www.epa.gov/fedrgstr/. A frequently updated electronic version of 40 CFR part 180 is available at http://www.access.gpo.gov/ nara/cfr/cfrhtml00/Title40/40cfr18000.html, a beta site currently under development.
2. In person. The Agency has established an official record for
this action under docket control number OPP20020068. The official
record consists of the documents specifically referenced in this
action, and other information related to this action, including any
information claimed as Confidential Business Information (CBI). This
official record includes the documents that are physically located in
the docket, as well as the documents that are referenced in those
documents. The public version of the official record does not include
any information claimed as CBI. The public version of the official
record, which includes printed, paper versions of any electronic
comments submitted during an applicable comment period is available for
inspection in the Public Information and Records Integrity Branch
(PIRIB), Rm. 119, Crystal Mall
A. What Action is the Agency Taking?
This final rule revokes the FFDCA tolerances for residues of the fungicide benomyl in or on specified commodities listed in the regulatory text because benomyl is no longer registered under FIFRA for use on those commodities. The tolerances revoked by this final rule are no longer necessary to cover residues of benomyl in or on domestically treated commodities or commodities treated outside but imported into the United States. Benomyl is no longer used on those specified commodities within the United States, and no comments were received indicating that there was a need for EPA to retain any of the tolerances to cover benomyl residues in or on imported foods. EPA has historically expressed a concern that retention of tolerances that are not necessary to cover residues in or on legally treated foods has the potential to encourage misuse of pesticides within the United States. Thus, it is EPA's policy to issue a final rule revoking those tolerances for residues of pesticide chemicals for which there are no active registrations under FIFRA, unless any person commenting on the proposal demonstrates a need for the tolerance to cover residues in or on imported commodities or domestic commodities legally treated.
In the Federal Register of January 15, 2002 (67 FR 1917) (FRL6816 6), EPA issued a proposed rule to revoke the tolerances listed in this final rule. Also, the January 15, 2002 proposal provided a 60day comment period which invited public comment for consideration and for support of tolerance retention under FFDCA standards. If, during the 60day public comment period, EPA receives comments indicating a need for the tolerance to be retained, EPA will not proceed with the revocation unless: (1) Prior to EPA's issuance of a section 408(f) order requesting additional data or issuance of a section 408(d) or (e) order revoking the tolerances on other grounds, commenters retract the comment identifying a need for the tolerance to be retained, (2) EPA independently verifies that the tolerance is no longer needed, or (3) the tolerance is not supported by data that demonstrate that the tolerance meets the requirements under FQPA.
In response to the document published in the Federal Register of January 15, 2002, EPA received comment from a private citizen that stated agreement with the revocation of benomyl tolerances and also received comments as follows:
1. Michigan Blueberry Growers Association (MBG). A comment letter was received from MBG MarketingMichigan Blueberry Growers Association (MBG). MBG stated that 70% of the Michigan blueberry crop is frozen after harvest and may be stored for several years before it is sold, further processed or consumed. MBG requested that the tolerance for use of benomyl on blueberry be retained until January 1, 2008, to allow time for existing stocks of benomyl to be used and benomyltreated blueberries to clear channels of trade.
Agency response. The time frame which MBG has requested regarding the benomyl tolerance for blueberry is in agreement with what was proposed by the Agency on January 15, 2002. Therefore, EPA is revoking the tolerance in 40 CFR 180.294 for blueberry with an expiration/ revocation date of January 1, 2008.
2. Gowan Company. A comment letter was received from the Gowan Company. Gowan stated that it had applied in June 2001 for registration of products containing the active ingredient benomyl and amended the application twice in January 2002. Gowan requested that, except for the ``bean vine forage'' tolerance, all tolerances for benomyl not be revoked. Also, Gowan stated its belief that no satisfactory substitutes for benomyl are available at the present time. In addition, Gowan agreed that the terminology for a large number of commodities requires updating.
Agency response. On June 12, 2001, EPA received applications from Gowan Company to register four products containing the active ingredient benomyl. Gowan applied for registration under the ``metoo'' provisions in FIFRA. On September 21, 2001, the Agency identified several deficiencies in Gowan's applications. Although Gowan submitted a response to these deficiencies in January 2002, their response is incomplete. Furthermore, because benomyl is no longer registered, for purposes of registration under FIFRA, benomyl is a ``new chemical'' and the ``metoo'' provisions outlined in section 3 of FIFRA are no longer applicable to an application for registration of benomyl. And so long as there are no registered uses, and no indication that commodities containing residues of the pesticide are being imported, there is no need for the tolerances to be maintained.
In this regard, Gowan's claim that there are no satisfactory substitutes for benomyl is irrelevant. Moreover, if the
[[Page 46902]]
commenter is correct that there are no satisfactory alternatives, the
continued existence of the tolerance would merely encourage the use of
an unregistered pesticide. At any rate, the Agency disagrees with this
claim and believes that, for the most part, acceptable alternatives
exist. In fact, to facilitate the registration of benomyl alternatives,
EPA has expedited the registration review for several new uses of the
fungicide thiophanatemethyl, including grapes, pistachios, potatoes
(foliar application), pears, canola, and celery. The Agency hopes to
make a decision on these pending uses in the very near future. The
Agency will continue to work with affected parties, including growers,
the U.S. Department of Agriculture, and other registrants, to identify
emerging alternatives to benomyl. Where emergency conditions, as
defined under section 18 of FIFRA, exist, the Agency will work with
States, growers, and registrants to try to make benomyl alternatives available prior to registration.
No comment was received which expressed a need for the retention of specific tolerances for import purposes. On August 8, 2001 (66 FR 41589) (FRL67949), EPA published in the Federal Register a cancellation order for all benomyl product registrations effective August 8, 2001. The Agency allowed the registrant to sell and distribute benomyl stocks until June 30, 2001 and is allowing those other than the registrant to sell and distribute benomyl stocks until December 31, 2002. The Agency expects existing stocks to be exhausted by December 31, 2003. However, because no active registrations exist and because no commenters expressed a need to retain these tolerances for import purposes, EPA is revoking 100 benomyl tolerances.
Because bean vine forage is no longer a significant livestock feed item and the tolerance is no longer needed, EPA is revoking the tolerance for bean vine forage to become effective 90 days following publication of this final rule to ensure that all affected parties receive notice of EPA's actions. Also, to conform to current Agency practice, EPA is revising the commodity terminology for peanut forage (at 15.0 ppm) to peanut, hay. However, because a tolerance currently exists for peanut hay (at 15.0 ppm), the peanut forage tolerance is no longer needed. Therefore, EPA is also revoking the tolerance for peanut forage to become effective 90 days following publication of this final rule.
EPA is revoking all other benomyl tolerances in 40 CFR 180.294 with
expiration/revocation dates from 3 to 6 years beyond the last date
which EPA allowed those other than the registrant to sell and
distribute existing stocks of benomyl product in order to allow
sufficient time for the passage of benomyltreated food in channels of
trade. (The dates are 2 to 5 years beyond the time when EPA expects
benomyl stocks to be exhausted). These dates were determined using
available Agency data, U.S. Food and Drug Administration (FDA) data, and food industry data as follows:
Maximum Years Expiration/
Commodity Crop Group Tolerances in Trade revocation
Channels date
Bulb Vegetables Garlic 2 1/1/06
Brassica (Cole) Leafy Vegetables Broccoli; Brussels sprouts; 2 1/1/06
Cabbage; Cabbage, chinese, bok
choy; Cabbage, chinese, napa;
Cauliflower; Collards; Kale;
Kohlrabi; Mustard greens
Root and Tuber Vegetables Beet, sugar, roots; Beet, sugar, 3 1/1/07
tops; Carrot, roots; Rutabaga;
Sweet potato, roots; Turnip,
roots; Turnip, greens
Leafy Vegetables (exc. Brassica) Celery; Spinach; Dandelion, 3 1/1/07
leaves; Watercress
Legume Vegetables Bean; Soybean 3 1/1/07
Cucurbit Vegetables Cucumber; Melon; Pumpkin; Squash, 3 1/1/07
summer; Squash, winter
Tree Nuts Almond, hulls; Nut; Pistachio\a\ 3 1/1/07
Citrus Fruits Citrus, dried pulp; Fruit, 4 1/1/08
citrus, postharvest
Pome Fruits Apple, postharvest; Pear, 4 1/1/08
postharvest
Stone Fruits Apricot, postharvest; Cherry, 4 1/1/08
postharvest; Nectarine,
postharvest; Peach, postharvest;
Plum, postharvest; Plum, prune,
fresh, postharvest
Berries Blackberry; Blueberry; 4 1/1/08
Boysenberry; Currant; Dewberry;
Loganberry; Raspberry
Cereal Grains and Forage, Fodder and Straw of Barley, grain; Barley, straw; 4 1/1/08
Cereal Grains Corn, sweet, kernel plus cob
with husks removed; Corn, sweet,
forage; Corn, sweet, stover;
Oat, grain; Oat, straw; Rice;
Rice, hulls; Rice, straw; Rye,
grain; Rye, straw; Wheat, grain;
Wheat, straw
No group association Plant commodities Avocado; Banana, postharvest, not 4 1/1/08
more than 0.2 ppm shall be
present in the pulp after peel
is removed and discarded; Grape;
Grape, raisin; Mango; Mushroom,
postharvest; Papaya; Peanut;
Peanut, hay; Pineapple,
postharvest; Strawberry
No group association Animal commodities Cattle, fat; Cattle, meat; 4 1/1/08
Cattle, meat byproducts; Egg;
Goat, fat; Goat, meat; Goat,
meat byproducts; Hog, fat; Hog,
meat; Hog, meat byproducts;
Horse, fat; Horse, meat; Horse,
meat byproducts; Milk; Poultry,
fat; Poultry, liver; Poultry,
meat; Poultry, meat byproducts,
except liver; Sheep, fat; Sheep,
meat; Sheep, meat byproducts
Fruiting Vegetables Eggplant; Pepper; Tomato; Tomato, 5 1/1/09
concentrated products
\a\ Please note that for FQPA reassessment purposes, while there are tolerances for pistachio in 40 CFR
180.294(a) and (c), EPA is counting the pistachio tolerance once; therefore, a total of 100 tolerances will be counted as reassessed.
[[Page 46903]]
In the interim, before the tolerance expires and to conform to
current Agency practice, EPA is revising tolerance commodity
terminology names where necessary in Sec. 180.294(a) and (c) as follows:
Old terminology New terminology almond hulls almond, hulls
apples (PRE and POSTH) apple, postharvest
apricots (PRE and POSTH) apricot, postharvest
bananas (PRE and POSTH) (NMT 0.2 ppm banana, postharvest, not
shall be present in the pulp after peel more than 0.2 ppm shall be
is removed and discarded) present in the pulp after
peel is removed and discarded
beans bean
beets, sugar, roots beet, sugar, roots
beets, sugar, tops beet, sugar, tops blackberries blackberry
blueberries blueberry
boysenberries boysenberry
carrots carrot, roots
cattle, mbyp cattle, meat byproducts
cherries (PRE and POSTH) cherry, postharvest
Chinese cabbage cabbage, chinese, napa and
cabbage, chinese, bok choy
citrus fruit (PRE and POSTH) fruit, citrus, postharvest
corn, fresh (inc. sweet K +CWHR) corn, sweet, kernel plus cob
with husks removed
corn, sweet, fodder and forage corn, sweet, forage and
corn, sweet, stover cucumbers cucumber
currants currant
dewberries dewberry
eggplants eggplant
eggs egg
goats, fat goat, fat
goats, meat goat, meat
goats, mbyp goat, meat byproducts grapes grape
hogs, fat hog, fat
hogs, meat hog, meat
hogs, mbyp hog, meat byproducts horses, fat horse, fat
horses, meat horse, meat
horses, mbyp horse, meat byproducts loganberries loganberry
mangoes mango
melons melon
mushrooms (PREand POSTH) mushroom, postharvest
nectarines (PRE and POSTH) nectarine, postharvest nuts nut
oats, grain oat, grain
oats, straw oat, straw
peaches (PRE and POSTH) peach, postharvest peanuts peanut
peanut hay peanut, hay
pears (PRE and POSTH) pear, postharvest peppers pepper
pineapples (POSTH) pineapple, postharvest pistachios pistachio
plums (including fresh prunes)(PRE and plum, postharvest and plum,
POSTH) prune, fresh, postharvest
poultry, mbyp poultry, meat byproducts, except liver
pumpkins pumpkin
raisins grape, raisin
raspberries raspberry
rice straw rice, straw
rutabagas rutabaga
sheep, mbyp sheep, meat byproducts soybeans soybean
strawberries strawberry
sweet potatoes sweet potato, roots tomatoes tomato
tomato products, concentrated tomato, concentrated products
turnips, roots turnip, roots
avocados avocado
dandelions dandelion, leaves papayas papaya
pistachios pistachio
turnip greens turnip, greens
B. What is the Agency's Authority for Taking this Action?
It is EPA's general practice to propose revocation of tolerances for residues of pesticide active ingredients on crop uses for which FIFRA registrations no longer exist. EPA has historically been concerned that retention of tolerances that are not necessary to cover residues in or on legally treated foods may encourage misuse of pesticides within the United States. Nonetheless, EPA will establish and maintain tolerances even when corresponding domestic uses are canceled if the tolerances, which EPA refers to as ``import tolerances,'' are necessary to allow importation into the United States of food containing such pesticide residues. However, where there are no imported commodities that require these import tolerances, the Agency believes it is appropriate to revoke tolerances for unregistered pesticides in order to prevent potential misuse.
C. When Do These Actions Become Effective?
EPA is delaying the effective date of the revocations for bean vine forage and peanut forage for 90 days following publication of a final rule in the Federal Register to ensure that all affected parties receive notice of EPA's actions. Consequently, revocation of the tolerances for bean vine forage and peanut forage is effective October 15, 2002. EPA is revoking all other benomyl tolerances with expiration dates which range from January 1, 2006 to January 1, 2009 as previously detailed. EPA believes that by December 31, 2003 all existing stocks of pesticide products labeled for the uses associated with the tolerances revoked in this final rule will have been exhausted, giving ample time, from 2 to 5 years, for any treated fresh commodity and processed food to clear trade channels. Therefore, EPA believes the effective dates in this document are reasonable.
Any commodities listed in the regulatory text of this document that
are treated with the pesticide subject to this final rule, and that are
in the channels of trade following the tolerance revocations, shall be
subject to FFDCA section 408(l)(5), as established by the FQPA. Under
this section, any residue of this pesticide in or on such food shall
not render the food adulterated so long as it is shown to the
satisfaction of FDA that: (1) The residue is present as the result of
an application or use of the pesticide at a time and in a manner that
was lawful under FIFRA, and (2) the residue does not exceed the level that was authorized at the time of the
[[Page 46904]]
application or use to be present on the food under a tolerance or
exemption from a tolerance. Evidence to show that food was lawfully
treated may include records that verify the dates that the pesticide was applied to such food.
D. What is the Contribution to Tolerance Reassessment?
By law, EPA is required by August 2002 to reassess 66% or about
6,400 of the tolerances in existence on August 2, 1996. EPA is also
required to assess the remaining tolerances by August, 2006. As of July
5, 2002, EPA has reassessed over 5,450 tolerances. In this rule, EPA is
revoking 100 tolerances which count as reassessments toward the August,
2002 review deadline of FFDCA section 408(q), as amended by FQPA in 1996.
III. Are There Any International Trade Issues Raised by this Final Action?
EPA is working to ensure that the U.S. tolerance reassessment
program under FQPA does not disrupt international trade. EPA considers
Codex Maximum Residue Limits (MRLs) in setting U.S. tolerances and in
reassessing them. MRLs are established by the Codex Committee on
Pesticide Residues, a committee within the Codex Alimentarius
Commission, an international organization formed to promote the
coordination of international food standards. When possible, EPA seeks
to harmonize U.S. tolerances with Codex MRLs. EPA may establish a
tolerance that is different from a Codex MRL; however, FFDCA section
408(b)(4) requires that EPA explain in a Federal Register document the
reasons for departing from the Codex level. EPA's effort to harmonize
with Codex MRLs is summarized in the tolerance reassessment section of
individual REDs. The U.S. EPA has developed guidance concerning
submissions for import tolerance support (65 FR 35069, June 1, 2000)
(FRL65593). This guidance will be made available to interested
persons. Electronic copies are available on the internet at http://
www.epa.gov/. On the Home Page select ``Laws and Regulations,'' then
select ``Regulations and Proposed Rules'' and then look up the entry
for this document under ``Federal RegsterEnvironmental Documents.''
You can also go directly to the ``Federal Register'' listings at http:/ /www.epa.gov/fedrgstr/.
IV. Objections and Hearing Requests
A. What Do I Need to Do to File an Objection or Request a Hearing?
You must file your objection or request a hearing on this regulation in accordance with the instructions provided in this unit and in 40 CFR part 178. To ensure proper receipt by EPA, you must identify docket control number OPP20020068 in the subject line on the first page of your submission. All requests must be in writing, and must be mailed or delivered to the Hearing Clerk on or before September 16, 2002.
1. Filing the request. Your objection must specify the specific provisions in the regulation that you object to, and the grounds for the objections (40 CFR 178.25). If a hearing is requested, the objections must include a statement of the factual issues(s) on which a hearing is requested, the requestor's contentions on such issues, and a summary of any evidence relied upon by the objector (40 CFR 178.27). Information submitted in connection with an objection or hearing request may be claimed confidential by marking any part or all of that information as CBI. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. A copy of the information that does not contain CBI must be submitted for inclusion in the public record. Information not marked confidential may be disclosed publicly by EPA without prior notice.
Mail your written request to: Office of the Hearing Clerk (1900), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460. You may also deliver your request to the Office of the Hearing Clerk in Rm. C400, Waterside Mall, 401 M St., SW., Washington, DC 20460. The Office of the Hearing Clerk is open from 8 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Office of the Hearing Clerk is (202) 2604865.
2. Objection/hearing fee payment. If you file an objection or request a hearing, you must also pay the fee prescribed by 40 CFR 180.33(i) or request a waiver of that fee pursuant to 40 CFR 180.33(m). You must mail the fee to: EPA Headquarters Accounting Operations Branch, Office of Pesticide Programs, P.O. Box 360277M, Pittsburgh, PA 15251. Please identify the fee submission by labeling it ``Tolerance Petition Fees.''
EPA is authorized to waive any fee requirement ``when in the judgement of the Administrator such a waiver or refund is equitable and not contrary to the purpose of this subsection.'' For additional information regarding the waiver of these fees, you may contact James Tompkins by phone at (703) 3055697, by email at tompkins.jim@epa.gov, or by mailing a request for information to Mr. Tompkins at Registration Division (7505C), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
If you would like to request a waiver of the tolerance objection fees, you must mail your request for such a waiver to: James Hollins, Information Resources and Services Division (7502C), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
3. Copies for the Docket. In addition to filing an objection or hearing request with the Hearing Clerk as described in Unit IV.A., you should also send a copy of your request to the PIRIB for its inclusion in the official record that is described in Unit I.B.2. Mail your copies, identified by docket control number OPP20020068, to: Public Information and Records Integrity Branch, Information Resources and Services Division (7502C), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460. In person or by courier, bring a copy to the location of the PIRIB described in Unit I.B.2. You may also send an electronic copy of your request via email to: oppdocket@epa.gov. Please use an ASCII file format and avoid the use of special characters and any form of encryption. Copies of electronic objections and hearing requests will also be accepted on disks in WordPerfect 6.1/8.0 or ASCII file format. Do not include any CBI in your electronic copy. You may also submit an electronic copy of your request at many Federal Depository Libraries. B. When Will the Agency Grant a Request for a Hearing?
A request for a hearing will be granted if the Administrator determines that the material submitted shows the following: There is a genuine and substantial issue of fact; there is a reasonable possibility that available evidence identified by the requestor would, if established resolve one or more of such issues in favor of the requestor, taking into account uncontested claims or facts to the contrary; and resolution of the factual issues(s) in the manner sought by the requestor would be adequate to justify the action requested (40 CFR 178.32).
V. Regulatory Assessment Requirements
This final rule will revoke tolerances established under FFDCA
section 408. The Office of Management and Budget (OMB) has exempted
this type of action (i.e., a tolerance revocation for which
extraordinary circumstances do not exist) from review under Executive [[Page 46905]]
Order 12866, entitled Regulatory Planning and Review (58 FR 51735,
October 4, 1993). Because this final rule has been exempted from review
under Executive Order 12866 due to its lack of significance, this final
rule is not subject to Executive Order 13211, Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use (66 FR 28355, May 22, 2001). This final rule does not contain any
information collections subject to OMB approval under the Paperwork
Reduction Act (PRA), 44 U.S.C. 3501 et seq., or impose any enforceable
duty or contain any unfunded mandate as described under Title II of the
Unfunded Mandates Reform Act of 1995 (UMRA) (Public Law 1044). Nor
does it require any special considerations as required by Executive
Order 12898, entitled Federal Actions to Address Environmental Justice
in Minority Populations and LowIncome Populations (59 FR 7629,
February 16, 1994); or OMB review or any other Agency action under
Executive Order 13045, entitled Protection of Children from
Environmental Health Risks and Safety Risks (62 FR 19885, April 23,
1997). This action does not involve any technical standards that would
require Agency consideration of voluntary consensus standards pursuant
to section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 104113, section 12(d) (15 U.S.C. 272
note). Pursuant to the Regulatory Flexibility Act (RFA) (5 U.S.C. 601
et seq.), the Agency previously assessed whether revocations of
tolerances might significantly impact a substantial number of small
entities and concluded that, as a general matter, these actions do not
impose a significant economic impact on a substantial number of small
entities. This analysis was published on December 17, 1997 (62 FR
66020), and was provided to the Chief Counsel for Advocacy of the Small
Business Administration. Taking into account this analysis, and
available information concerning the pesticide listed in this rule, I
certify that this action will not have a significant economic impact on
a substantial number of small entities. Specifically, as per the 1997
notice, EPA has reviewed its available data on imports and foreign
pesticide usage and concludes that there is a reasonable international
supply of food not treated with benomyl. Furthermore, the Agency knows
of no extraordinary circumstances that exist as to the present revocations that would change EPA's previous analysis.
In addition, the Agency has determined that this action will not have a substantial direct effect on States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132, entitled Federalism (64 FR 43255, August 10, 1999). Executive Order 13132 requires EPA to develop an accountable process to ensure ``meaningful and timely input by State and local officials in the development of regulatory policies that have federalism implications.'' ``Policies that have federalism implications'' is defined in the Executive Order to include regulations that have ``substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.'' This final rule directly regulates growers, food processors, food handlers and food retailers, not States. This action does not alter the relationships or distribution of power and responsibilities established by Congress in the preemption provisions of FFDCA section 408(n)(4). For these same reasons, the Agency has determined that this rule does not have any ``tribal implications'' as described in Executive Order 13175, entitled Consultation and Coordination with Indian Tribal Governments (65 FR 67249, November 6, 2000). Executive Order 13175, requires EPA to develop an accountable process to ensure ``meaningful and timely input by tribal officials in the development of regulatory policies that have tribal implications.'' ``Policies that have tribal implications'' is defined in the Executive Order to include regulations that have ``substantial direct effects on one or more Indian tribes, on the relationship between the Federal Government and the Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes.'' This rule will not have substantial direct effects on tribal governments, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes, as specified in Executive Order 13175. Thus, Executive Order 13175 does not apply to this rule.
VI. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of this final rule in the Federal Register. This final rule is not a ``major rule'' as defined by 5 U.S.C. 804(2). List of Subjects in 40 CFR Part 180
Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and recordkeeping requirements.
Dated: June 28, 2002.
Marcia E. Mulkey,
Director, Office of Pesticide Programs.
Therefore, 40 CFR part 180 is amended as follows: PART 180[AMENDED]
1. The authority citation for part 180 continues to read as follows:
Authority: 21 U.S.C. 321(q), 346(a) and 374.
2. Section 180.294 is amended by revising the tables to paragraphs (a) and (c), to read as follows:
Sec. 180.294 Benomyl; tolerances for residues.
(a) * * *
Expiration/
Commodity Parts per million Revocation
Date
Almond, 1.0 1/1/07
hulls
Apple, 7.0 1/1/08
postharv
est
Apricot, 15.0 1/1/08
postharv
est
Banana, 1.0............................... 1/1/08
postharv
est, not
more
than 0.2
ppm
shall be
present
in the
pulp
after
peel is
removed
and
discarde
d
Barley, 0.2............................... 1/1/08
grain
Barley, 0.2............................... 1/1/08
straw
Bean 2.0............................... 1/1/07
Beet, 0.2............................... 1/1/07
sugar,
roots
Beet, 15.0.............................. 1/1/07
sugar,
tops
Blackberr 7.0............................... 1/1/08
y
Blueberry 7.0............................... 1/1/08
Boysenber 7.0............................... 1/1/08
ry
Broccoli 0.2............................... 1/1/06
Brussels 15.0.............................. 1/1/06
sprouts
Cabbage 0.2............................... 1/1/06
Cabbage, 10.0.............................. 1/1/06
chinese,
bok choy
Cabbage, 10.0.............................. 1/1/06
chinese,
napa
[[Page 46906]]
Carrot, 0.2............................... 1/1/07
roots
Cattle, 0.1............................... 1/1/08
fat
Cattle, 0.1............................... 1/1/08
meat
Cattle, 0.1............................... 1/1/08
meat
byproduc
ts
Cauliflow 0.2............................... 1/1/06
er
Celery 3.0............................... 1/1/07
Cherry, 15.0.............................. 1/1/08
postharv
est
Citrus, 50.0.............................. 1/1/08
dried
pulp
Collards 0.2............................... 1/1/06
Corn, 0.2............................... 1/1/08
sweet,
forage
Corn, 0.2............................... 1/1/08
sweet,
kernel
plus cob
with
husks
removed
Corn, 0.2............................... 1/1/08
sweet,
stover
Cucumber 1.0............................... 1/1/07
Currant 7.0............................... 1/1/08
Dewberry 7.0............................... 1/1/08
Egg 0.1............................... 1/1/08
Eggplant 0.2............................... 1/1/09
Fruit, 10.0.............................. 1/1/08
citrus,
postharv
est
Garlic 0.2............................... 1/1/06
Goat, fat 0.1............................... 1/1/08
Goat, 0.1............................... 1/1/08 meat
Goat, 0.1............................... 1/1/08 meat
byproduc
ts
Grape 10.0.............................. 1/1/08 Grape, 50.0.............................. 1/1/08
raisin
Hog, fat 0.1............................... 1/1/08
Hog, meat 0.1............................... 1/1/08
Hog, meat 0.1............................... 1/1/08
byproduc
ts
Horse, 0.1............................... 1/1/08
fat
Horse, 0.1............................... 1/1/08
meat
Horse, 0.1............................... 1/1/08
meat
byproduc
ts
Kale 0.2............................... 1/1/06
Kohlrabi 0.2............................... 1/1/06
Loganberr 7.0............................... 1/1/08
y
Mango 3.0............................... 1/1/08
Melon 1.0............................... 1/1/07 Milk 0.1............................... 1/1/08
Mushroom, 10.0.............................. 1/1/08
postharv
est
Mustard 0.2............................... 1/1/06
greens
Nectarine 15.0.............................. 1/1/08
,
postharv
est
Nut 0.2............................... 1/1/07
Oat, 0.2............................... 1/1/08
grain
Oat, 0.2............................... 1/1/08
straw
Peach, 15.0.............................. 1/1/08
postharv
est
Peanut 0.2............................... 1/1/08
Peanut, 15.0.............................. 1/1/08
hay
Pear, 7.0............................... 1/1/08 postharv
est
Pepper 0.2............................... 1/1/09
Pineapple 35.0.............................. 1/1/08
,
postharv
est
Pistachio 0.2............................... 1/1/07
Plum, 15.0.............................. 1/1/08 postharv
est
Plum, 15.0.............................. 1/1/08
prune,
fresh,
postharv
est
Poultry, 0.1............................... 1/1/08
fat
Poultry, 0.2............................... 1/1/08
liver
Poultry, 0.1............................... 1/1/08
meat
Poultry, 0.1............................... 1/1/08
meat
byproduc
ts,
except
liver
Pumpkin 1.0............................... 1/1/07
Raspberry 7.0............................... 1/1/08
Rice 5.0............................... 1/1/08
Rice, 20.0.............................. 1/1/08 hulls
Rice, 15.0.............................. 1/1/08 straw
Rutabaga 0.2............................... 1/1/07
Rye, 0.2............................... 1/1/08
grain
Rye, 0.2............................... 1/1/08
straw
Sheep, 0.1............................... 1/1/08
fat
Sheep, 0.1............................... 1/1/08
meat
Sheep, 0.1............................... 1/1/08
meat
byproduc
ts
Soybean 0.2............................... 1/1/07
Spinach 0.2............................... 1/1/07
Squash, 1.0............................... 1/1/07
summer
Squash, 1.0............................... 1/1/07
winter
Strawberr 5.0............................... 1/1/08
y
Sweet 0.2............................... 1/1/07 potato,
roots
Tomato 5.0............................... 1/1/09
Tomato, 50.0.............................. 1/1/09
concentr
ated
products
Turnip, 0.2............................... 1/1/07
roots
Wheat, 0.2............................... 1/1/08
grain
Wheat, 15.0.............................. 1/1/08
straw
* * * * *
(c) * * *
Parts Expiration/
Commodity per Revocation
million Date
Avocado....................................... 3.0 1/1/08
Dandelion, leaves............................. 10.0 1/1/07
Papaya........................................ 3.0 1/1/08
Pistachio..................................... 0.2 1/1/07
Turnip, greens................................ 6.0 1/1/07
Watercress.................................... 10.0 1/1/07 * * * * *
[FR Doc. 0217872 Filed 71602; 8:45 am]
BILLING CODE 656050S
FOR FURTHER INFORMATION CONTACT
By mail: Joseph Nevola, Special Review
and Reregistration Division (7508C), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave.,
NW.,Washington, DC 20460; telephone number: (703) 3088037; email
address: nevola.joseph@epa.gov.