Azinphos-Methyl, Revocation and Lowering of Certain Tolerances; Tolerance Actions

Note: EPA no longer updates this information, but it may be useful as a reference or resource.
 [Federal Register: June 22, 2000 (Volume 65, Number 121)]
[Rules and Regulations]
[Page 38748-38753]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22jn00-13]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[OPP-301003; FRL-6557-9]
RIN 2070-AB78


Azinphos-Methyl, Revocation and Lowering of Certain Tolerances;
Tolerance Actions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY:  This final rule revises the tolerances for azinphos-methyl by
revoking specific tolerances and modifying specific other tolerances
listed in the regulatory text for the insecticide azinphos-methyl (40
CFR 180.154). In the Federal Register on December 22, 1999 (FRL-6399-
6), EPA issued a document which proposed to revoke and modify the
tolerances addressed in this document. 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). By law, EPA is required to reassess 66% of the
tolerances in existence on August 2, 1996, by August 2002, or about
6,400 tolerances. This document counts 22 tolerance reassessments made
toward the August 2002 review deadline of FFDCA section 408(q), as
amended by the Food Quality Protection Act (FQPA) of 1996.

DATES: This final rule becomes effective September 20, 2000. Objections
and requests for hearings, identified by docket control number OPP-
301003, must be received by EPA on or before August 21, 2000.

ADDRESSES: Written objections and hearing requests may be submitted by
mail, in person, or by courier. Please follow the detailed instructions
for each method as provided in Unit IV of the ``SUPPLEMENTARY
INFORMATION'' section of this document. To ensure proper receipt by
EPA, your objections and hearing requests must identify docket control
number OPP-301003 in the subject line on the first page of your
response.

FOR FURTHER INFORMATION CONTACT: Barry O'Keefe, Special Review and
Reregistration Division (7508C), Office of Pesticide Programs,
Environmental Protection Agency, Ariel Rios Bldg., 1200 Pennsylvania
Ave., NW., Washington, DC 20460; telephone number: (703) 308-8035; fax
number: (703) 308-8041; e-mail address: okeefe.barry@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer or pesticide manufacturer.
Potentially affected categories and entities may include, but are not
limited to:

------------------------------------------------------------------------
                                                          Examples of
           Categories                    NAICS            potentially
                                                       affected entities
------------------------------------------------------------------------
Industry                          111                 Crop production
                                  112                 Animal production
                                  311                 Food manufacturing
                                  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 this table could also be
affected. The North American Industrial Classification System (NAICS)
codes are 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 ``FOR FURTHER INFORMATION CONTACT.''

B. How Can I Get Additional Information, Including Copies of this
Document and Other Related Documents?

    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'' and then look up the entry for this document under

[[Page 38749]]

the ``Federal Register--Environmental Documents.'' You can also go
directly to the Federal Register listings at http://www.epa.gov/
fedrgstr/.
    2. In person. The Agency has established an official record for
this action under docket control number OPP-301003. The official record
consists of the documents specifically referenced in this action, any
public comments received during an applicable comment period, 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 #2, 1921 Jefferson Davis Hwy., Arlington, VA, from 8:30
a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The
PIRIB telephone number is (703) 305-5805.

II. Background

A. What Action is the Agency Taking?

    This final rule revokes and modifies the FFDCA tolerances for
residues of the insecticide azinphos-methyl in or on certain specified
commodities, in accordance with a Memorandum of Agreement (MOA) of
August 2, 1999, between registrants and EPA. In the Federal Register of
December 22, 1999 (64 FR 71708) (FRL-6399-6), EPA issued a proposed
rule to revoke the tolerances listed in this final rule. The December
22, 1999 proposal invited public comment for consideration. No comments
were received by the Agency.
    EPA is revoking and modifying certain tolerances for residues of
the insecticide azinphos-methyl in 40 CFR 180.154. In particular, EPA
is revoking the tolerance on sugarcane, with a revocation/expiration
date of June 30, 2000, since by agreement this use has been deleted
from active labels, because of surface water vulnerability and to
prevent unreasonable risks to wildlife and contamination of water. EPA
is setting the revocation/expiration date of June 30, 2000, in order to
allow time for existing stocks in the hands of users to be used.
    EPA is lowering tolerances found in 40 CFR 180.154(a) for residues
of the insecticide azinphos-methyl in or on apples, crabapples, pears,
and quinces, each from 2.0 ppm to 1.5 ppm, in or on cranberries from
2.0 ppm to 0.5 ppm, and in or on grapes from 5.0 ppm to 4.0 ppm. These
modifications will be effective 90 days after the publication of this
final rule in the Federal Register.
    Also, the Agency is revoking tolerances for residues of azinphos-
methyl in or on commodities for which there are no registered uses;
including: apricots; artichokes; barley, grain; barley, straw; beans
(dry); gooseberries; grass, pasture (green); grass, pasture, hay; kiwi
fruit; oats, grain; oats, straw; peas, black-eyed; rye, grain; rye,
straw; soybeans; wheat, grain; and wheat, straw in 40 CFR 180.154(a),
and pomegranates in 40 CFR 180.154(b). These revocations concern uses
that have not been on active labels since January 1999. The Agency
believes that azinphos-methyl had not been used on these crops for some
time. Consequently, no treated commodities covered by these tolerances
are expected to be in the channels of trade. Therefore, EPA is revoking
these tolerances because they are not necessary to cover residues in or
on domestically treated commodities or commodities treated outside but
imported into the United States. Azinphos-methyl is no longer used on
these specified commodities within the United States and no person has
provided comment identifying a need for EPA to retain the tolerances to
cover 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. No such comments were received.
Therefore, these revocations will be effective 90 days after the
publication of this final rule in the Federal Register.
    EPA is also removing 40 CFR 180.531, and is revoking the three
tolerances found in that section for residues of azinphos-methyl; which
are as follows: Sugarcane bagasse, since this commodity is not
considered a significant livestock feed item; citrus pulp, dried, since
an adequate orange processing study did not show concentration in dried
orange pulp (in accordance with FFDCA section 408(a)(2), since residues
in the processed food will not exceed the raw food tolerance); and
soybean oil, since there are no active registrations with soybean on
the label. Therefore, these revocations will be effective 90 days after
the publication of this final rule in the Federal Register.
    Since the available data indicate that finite residues of azinphos-
methyl are not expected in animal tissues or milk, in accordance with
40 CFR 180.6(a)(3) EPA is revoking tolerances found in 40 CFR
180.154(a) for cattle, fat; cattle, mbyp; cattle, meat; goat, fat;
goat, mbyp; goat, meat; horse, fat; horse, mbyp; horse, meat; sheep,
fat; sheep, mbyp; and sheep, meat; and EPA is revoking 40 CFR 180.154a,
the tolerance for milk. The revocation of these 13 meat, milk, poultry
and egg (MMPE) tolerances implements the Agency finding as published in
the Federal Register on August 2, 1999 (64 FR 41933) (FRL-6097-3),
which stated, under 40 CFR 180.6 there is no reasonable expectation of
finite residues for azinphos-methyl on the MMPE commodities and,
therefore, these tolerances were considered reassessed and could be
revoked, because they are not needed.
    EPA is removing the tolerance in 40 CFR 180.154(a) for residues of
azinphos- methyl in or on nectarines, in accordance with 40 CFR
180.1(h), since the tolerance on nectarines (set at 2.0 ppm) is not
necessary, because its use is covered by the tolerance for peaches
(also set at 2.0 ppm).
    This rule also lowers tolerances found in 40 CFR 180.154(a) for
residues of azinphos-methyl in or on almond and potato, each from 0.3
to 0.2 ppm, and in or on almond hulls from 10.3 to 5.0 ppm, since the
available data indicate that these tolerances can be lowered to achieve
compatibility with the corresponding Codex MRLs. These reductions in
tolerances are based on the most recent data that more accurately
reflect residue levels that are likely to be detected.
    Codex MRLs exist for the following tolerances, i.e. apricot at 2.0
ppm, cereal grains at 0.2 ppm, kiwi fruit at 4.0 ppm, and soya bean at
0.2 ppm. Notwithstanding the existence of these MRLs, EPA is revoking
the tolerances because retention would increase the chances of misuse
and may result in unnecessary restriction on trade of pesticides and
foods as well as inhibiting the retention and approval of tolerances,
as discussed in greater detail in Unit II.B., below.
    Additionally, in this final rule, EPA is changing commodity
terminology and definitions for several commodities to conform to
current Agency practice. These changes are in accordance with

[[Page 38750]]

the revised Crop Group Regulation (40 CFR 180.41) and the updated Table
I ``Raw Agricultural and Processed Commodities and Feedstuffs Derived
from Crops'' (August, 1996) in the Residue Chemistry Test Guidelines:
OPPTS 860.1000 (EPA 721-C-96-169). Table I contains data on both crops
and livestock diets, and lists feed commodities considered significant
in livestock diets. Significant feedstuffs account for more than 99
percent of the available annual tonnage (on a dry-matter basis) of
feedstuffs used in the domestic production of more than 95 percent of
beef and dairy cattle, poultry, swine, milk, and eggs. The EPA has
devised criteria to include or exclude feedstuffs from Table I and set
tolerances for significant feedstuffs. Tolerances are not set for
feedstuffs which are neither significant nor a human food. Pesticide
residues on such feedstuffs are governed by tolerances on the commodity
from which they are derived (62 FR 66020, December 17, 1997) (FRL-5753-
1). These changes relate only to nomenclature and have no effect on the
scope of the tolerance. The specific commodity terminology name changes
are listed in the table as follows:

------------------------------------------------------------------------
            Old Commodity Name                   New Commodity  Name
------------------------------------------------------------------------
Almonds...................................   Almond
Almonds, hulls............................   Almond, hulls
Apples....................................   Apple
Beans, snap...............................   Bean, snap, succulent
Blackberries..............................   Blackberry
Blueberries...............................   Blueberry
Boysenberries.............................   Boysenberry
Cherries..................................   Cherry
Citrus fruits.............................   Fruit, citrus, group
Crabapples................................   Crabapple
Cranberries...............................   Cranberry
Cucumbers.................................   Cucumber
Eggplants.................................   Eggplant
Filberts..................................   Filbert
Grapes....................................   Grape
Loganberries..............................   Loganberry
Melons (honeydew, muskmelon, cantaloupe,     Melon
 watermelon, and other melons).
Nuts, pistachio...........................   Pistachio
Onions....................................   Onion
Parsley, leaves...........................   Parsley, leaf
Parsley, roots............................   Parsley, root
Peaches...................................   Peach
Pears.....................................   Pear
Pecans....................................   Pecan
Peppers...................................   Pepper
Plums (fresh prunes)......................   Plum, prune
Potatoes..................................   Potato
Quinces...................................   Quince
Raspberries...............................   Raspberry
Strawberries..............................   Strawberry
Tomatoes (PRE- and POST-H)................   Tomato, postharvest
Walnuts...................................   Walnut
------------------------------------------------------------------------

    Please note that a few typographical errors were made in the
proposed rule that are corrected in this final rule. Unit II.F. should
have read as Unit II.C. Also, the parts per million value for crabapple
was listed incorrectly in the codification section as 2.0 parts per
million, while it was listed correctly in the preamble as 1.5 parts per
million.
    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).

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.
    Furthermore, as a general matter, the Agency believes that
retention of tolerances not needed to cover any imported food may
result in unnecessary restriction on trade of pesticides and foods.
Under section 408 of the FFDCA, a tolerance may only be established or
maintained if EPA determines that the tolerance is safe based on a
number of factors, including an assessment of the aggregate exposure to
the pesticide and of the cumulative effects of such pesticide and other
substances that have a common mechanism of toxicity. In doing so, EPA
must consider potential contributions to such exposure from all
tolerances. If the cumulative risk is such that the tolerances in
aggregate are not safe, then every one of these tolerances is
potentially vulnerable to revocation. Furthermore, if unneeded
tolerances are included in the aggregate and cumulative risk
assessments, the estimated exposure to the pesticide would be inflated.
Consequently, it may be more difficult for others to obtain needed
tolerances or to register needed new uses. To avoid these trade-
restricting situations, the Agency is revoking tolerances for residues
on crop uses for which FIFRA registrations no longer exist. Through the
proposed rule, the Agency invited individuals who may have needed these
import tolerances to identify themselves and the tolerances that are
needed to cover imported commodities. No responses were received.
    Under section 408(d) of the FFDCA, the Agency may issue a final or
proposed regulation establishing, modifying, or revoking a tolerance in
response to a petition filed with the Agency that proposes the issuance
of such regulation. On August 2, 1999, EPA and the registrants holding
Section 3 registrations for azinphos-methyl signed a Memorandum of
Agreement (MOA), which specifically states that the registrants shall
submit to EPA a petition requesting many of the tolerance modifications
detailed in this proposal; i.e. lowering tolerances on apples,
crabapples, cranberries, grapes, pears, and quinces, and revoking the
tolerance on sugarcane. Such a petition has been received by the
Agency, dated September 22, 1999. Thus, the Agency is authorized by
section 408(d) of the FFDCA to issue a proposed regulation in response
to that petition. The MOA was made to help mitigate acute dietary,
agricultural worker, and environmental risks. During phase five of the
Tolerance Reassessment Advisory Committee (TRAC) process, the Agency
invited the registrants, and any other affected or interested parties,
to submit to the Agency additional risk mitigation thoughts or
measures, since the acute dietary risk estimates from the revised human
health risk assessment remained above the Agency's level of concern.
The revised human health risk assessment may be found at http://
www.epa.gov/pesticides/op. In addition to the MOA, EPA is also revoking
or lowering other tolerances, as well as changes in commodity
nomenclature for various reasons as described in Unit II of this
document.

C. What is the Contribution to Tolerance Reassessment?

    By law, EPA is required to reassess 66%, or about 6,400, of the
tolerances in existence on August 2, 1996, by August

[[Page 38751]]

2002. EPA is also required to assess the remaining tolerances by August
2006. As of 11/1/99, EPA has assessed over 3,400 tolerances. This
document revokes 35 tolerances and removes 1 tolerance, which is not
considered a revocation nor considered reassessed at this time. Since
13 tolerances were previously counted as reassessed, 22 of the 35
revocations are counted as reassessed in this final rule. The 22
reassessments are being counted toward the August, 2002 review deadline
of FFDCA section 408(q), as amended by the Food Quality Protection Act
(FQPA) of 1996.

D. When Do These Actions Become Effective?

    These actions become effective 90 days following publication of
this final rule in the Federal Register. EPA has delayed the
effectiveness of these revocations for 90 days following publication of
a final rule to ensure that all affected parties receive notice of
EPA's actions. Consequently, the effective date is September 20, 2000;
except for the tolerance on sugarcane, which expires on June 30, 2000.
    Any commodities listed in the regulatory text of this document that
are treated with the pesticides 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 these pesticides 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 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.

III. Other Considerations

    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. This guidance will be made
available to interested persons.

IV. Objections or Hearing Requests

    Under section 408(g) of the FFDCA, as amended by the FQPA, any
person may file an objection to any aspect of this regulation and may
also request a hearing on those objections. The EPA procedural
regulations which govern the submission of objections and requests for
hearings appear in 40 CFR part 178. Although the procedures in those
regulations require some modification to reflect the amendments made to
the FFDCA by the FQPA of 1996, EPA will continue to use those
procedures, with appropriate adjustments, until the necessary
modifications can be made. The new section 408(g) provides essentially
the same process for persons to ``object'' to a regulation for an
exemption from the requirement of a tolerance issued by EPA under new
section 408(d), as was provided in the old FFDCA sections 408 and 409.
However, the period for filing objections is now 60 days, rather than
30 days.

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 OPP-301003 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 August
21, 2000.
    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, Ariel Rios Bldg., 1200 Pennsylvania
Ave., NW., Washington, DC 20460. You may also deliver your request to
the Office of the Hearing Clerk in Rm. C-400, 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) 260-
4865.
    2. Tolerance 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) 305-5697, by e-mail 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, Ariel Rios Bldg., 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, Ariel Rios Bldg.,
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 OPP-301003, to: Public
Information and Records Integrity Branch, Information Resources and

[[Page 38752]]

Services Division (7502C), Office of Pesticide Programs, Environmental
Protection Agency, Ariel Rios Bldg., 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 e-mail to: opp-docket@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 file
format 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; 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. How Do the Regulatory Assessments Requirements Apply to this
Final Action?

    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
Order 12866, entitled Regulatory Planning and Review (58 FR 51735,
October 4, 1993). This action does not contain any information
collections subject to OMB approval under the Paperwork Reduction Act
(PRA), 44 U.S.C. 3501 et seq., or impose any enforceable duty or
contain any unfunded mandate as described under Title II of the
Unfunded Mandates Reform Act of 1995 (UMRA) (Public Law 104-4). Nor
does it require any prior consultation as specified by Executive Order
13084, entitled Consultation and Coordination with Indian Tribal
Governments (63 FR 27655, May 19, 1998); special considerations as
required by Executive Order 12898, entitled Federal Actions to Address
Environmental Justice in Minority Populations and Low-Income
Populations (59 FR 7629, February 16, 1994); or require OMB review or
any Agency action under Executive Order 13045, entitled Protection of
Children from Environmental Health Risks and Safety Risks (62 FR 19885,
April 23, 1997). This action does not involve any technical standards
that would require Agency consideration of voluntary consensus
standards pursuant to section 12(d) of the National Technology Transfer
and Advancement Act of 1995 (NTTAA), Public Law 104-113, section 12(d)
(15 U.S.C. 272 note). 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 azinphos-methyl, 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 the revoked pesticides, generally
within the same countries from which the relevant commodities are
currently imported. Furthermore, no extraordinary circumstances exist
as to the present revocation 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 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).

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 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 12, 2000.
Susan B. Hazen,
Acting 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), 346a and 371.

    2. Section 180.154 is revised to read as follows:

Sec. 180.154  O,O-Dimethyl S-[(4-oxo-1,2,3-benzotriazin-3(4H)-
yl)methyl]phosphorodithioate; tolerances for residues.

    (a) General. Tolerances for residues of the insecticide O,O-
dimethyl S-[(4-oxo-1,2,3-benzotriazin-3(4H)-
yl)methyl]phosphorodithioate in or on the following raw agricultural
commodities:

------------------------------------------------------------------------
                                                     Parts   Expiration/
                     Commodity                        per     Revocation
                                                    million      Date
------------------------------------------------------------------------
Alfalfa...........................................    2.0           None
Alfalfa, hay......................................    5.0           None
Almond............................................    0.2           None

[[Page 38753]]

Almond, hulls.....................................    5.0           None
Apple.............................................    1.5           None
Bean, snap, succulent.............................    2.0           None
Birdfoot trefoil..................................    2.0           None
Birdfoot trefoil, hay.............................    5.0           None
Blackberry........................................    2.0           None
Blueberry.........................................    5.0           None
Boysenberry.......................................    2.0           None
Broccoli..........................................    2.0           None
Brussels sprouts..................................    2.0           None
Cabbage...........................................    2.0           None
Cauliflower.......................................    2.0           None
Celery............................................    2.0           None
Cherry............................................    2.0           None
Clover............................................    2.0           None
Clover, hay.......................................    5.0           None
Cottonseed........................................    0.5           None
Crabapple.........................................    1.5           None
Cranberry.........................................    0.5           None
Cucumber..........................................    2.0           None
Eggplant..........................................    0.3           None
Filbert...........................................    0.3           None
Fruit, citrus, group..............................    2.0           None
Grape.............................................    4.0           None
Loganberry........................................    2.0           None
Melon.............................................    2.0           None
Onion.............................................    2.0           None
Parsley, leaf.....................................    5.0           None
Parsley, root.....................................    2.0           None
Peach.............................................    2.0           None
Pear..............................................    1.5           None
Pecan.............................................    0.3           None
Pepper............................................    0.3           None
Pistachio.........................................    0.3           None
Plum, prune.......................................    2.0           None
Potato............................................    0.2           None
Quince............................................    1.5           None
Raspberry.........................................    2.0           None
Spinach...........................................    2.0           None
Strawberry........................................    2.0           None
Sugarcane.........................................    0.3        6/30/00
Tomato, postharvest...............................    2.0           None
Walnut............................................    0.3           None
------------------------------------------------------------------------

    (b) Section 18 emergency exemptions. [Reserved]
    (c) Tolerances with regional registrations. [Reserved]
    (d) Indirect or inadvertent residues. [Reserved]

Secs. 180.154a and 180.531  [Removed]

    3. By removing Sec. 180.154a and Sec. 180.531.

[FR Doc. 00-15725 Filed 6-21-00; 8:45 am]
BILLING CODE 6560-50-F
Azinphos-Methyl, Revocation and Lowering of Certain Tolerances; Tolerance Actions

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