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Thifensulfuron-methyl; Proposed Tolerance Actions
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: May 12, 2004 (Volume 69, Number 92)]
[Proposed Rules]
[Page 26348-26351]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12my04-16]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[OPP-2004-0085; FRL-7358-5]
Thifensulfuron-methyl; Proposed Tolerance Actions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing to reinstate corn tolerances for the
herbicide thifensulfuron-methyl. These corn tolerances were previously
established but inadvertently removed shortly thereafter. Registrations
under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
for use of thifensulfuron-methyl on corn currently exist and have
existed for more than 9 years.
DATES: Comments must be received on or before July 12, 2004.
ADDRESSES: Submit your comments, identified by docket ID number OPP-
2004-0085, by one of the following methods:
? Federal eRulemaking Portal: http://www.regulations.gov/. 
Follow the on-line instructions for submitting comments.
? Agency Website: http://www.regulations.gov/. EDOCKET,
EPA's electronic public docket and comment system, is EPA's preferred
method for receiving comments. Follow the on-line instructions for
submitting comments.
? E-mail: Comments may be sent by e-mail to
opp-docket@epa.gov, Attention: Docket ID Number OPP-2004-0085.
? Mail: Public Information and Records Integrity Branch
(PIRIB) (7502C), Office of Pesticide Programs (OPP), Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001, Attention: Docket ID Number OPP-2004-0085.
? Hand Delivery/carrier: Public Information and Records
Integrity Branch (PIRIB), Office of Pesticide Programs (OPP),
Environmental Protection Agency, Rm. 119, Crystal Mall #2, 1921
Jefferson Davis Hwy., Arlington, VA, Attention: Docket ID Number OPP-
2004-0085. Such deliveries are only accepted during the Docket's normal
hours of operation, and special arrangements should be made for
deliveries of boxed information.
Instructions: Direct your comments to docket ID number OPP-2004-
0085. EPA's policy is that all comments received will be included in
the public docket without change and may be made available online at
http://www.regulations.gov/, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through EDOCKET,
regulations.gov, or e-mail. The EPA EDOCKET and the regulations.gov
websites are anonymous access systems, which means EPA will not know
your identity or contact information unless you provide it in the body
of your comment. If you send an e-mail comment directly to EPA without
going through EDOCKET or regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit EDOCKET on-line or see the Federal Register of May 31,
2002 (67 FR 38102) (FRL-7181-7).
Docket: All documents in the docket are listed in the EDOCKET index
at http://www.regulations.gov/. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in EDOCKET or in hard
copy at the Public Information and Records Integrity Branch (PIRIB),
Rm. 119, Crystal Mall #2, 1921 Jefferson Davis Hwy., Arlington,
VA. This Docket Facility is open from 8:30 a.m. to 4 p.m., Monday
through Friday, excluding legal holidays. The Docket telephone number
is (703) 305-5805.
FOR FURTHER INFORMATION CONTACT: Joseph Nevola, Special Review and
Reregistration Division (7508C), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave, NW.,
Washington, DC 20460-0001; telephone number: (703) 308-8037; e-mail
address: nevola.joseph@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 entities may include, but are not limited to:
? Crop production (NAICS 111)
? Animal production (NAICS 112)
? Food manufacturing (NAICS 311)
? Pesticide manufacturing (NAICS 32532).
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 unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. To determine
whether you or your business may be affected by this action, you should
carefully examine the applicability provisions in Unit II.A. If you
have any questions regarding the applicability of this action to a
particular entity, consult the person listed under FOR FURTHER
INFORMATION CONTACT.
[[Page 26349]]
B. How Can I Access Electronic Copies of this Document and Other
Related Information?
In addition to using EDOCKET (http://www.regulations.gov/), you may
access this Federal Register document electronically through the EPA
Internet under the ``Federal Register'' listings at http://www.epa.gov/
fedrgstr/. A frequently updated electronic version of 40 CFR part 180
is available at E-CFR Beta Site Two at http://www.gpoaccess.gov/ecfr/.
C. What Should I Consider as I Prepare My Comments for EPA?
1. Submitting CBI. Do not submit this information to EPA through
EDOCKET, regulations.gov, or e-mail. Clearly mark the part or all of
the information that you claim to be CBI. For CBI information in a disk
or CD ROM that you mail to EPA, mark the outside of the disk or CD ROM
as CBI and then identify electronically within the disk or CD ROM the
specific information that is claimed as CBI). In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
2. Tips for preparing your comments. When submitting comments,
remember to:
i. Identify the rulemaking by docket number and other identifying
information (subject heading, Federal Register date, and page number).
ii. Follow directions. The agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
iv. Describe any assumptions and provide any technical information
and/or data that you used.
v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
vi. Provide specific examples to illustrate your concerns, and
suggest alternatives.
vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
viii. Make sure to submit your comments by the comment period
deadline identified.
II. Background
A. What Action is the Agency Taking?
On May 18, 1994 (59 FR 25821) (FRL-4778-9), EPA published a Notice
of Final Rulemaking in the Federal Register in which the Agency
established tolerances for residues of the herbicide thifensulfuron-
methyl in 40 CFR 180.439 for field corn fodder, forage and grain at 0.1
parts per million (ppm), 0.1 ppm and 0.05 ppm, respectively, all with
an effective date of May 18, 1994.
Not long after, on June 22, 1994 (59 FR 32085) (FRL-4868-8), EPA
published a Notice of Final Rulemaking in the Federal Register in which
the Agency established tolerances for residues of the herbicide
thifensulfuron-methyl in 40 CFR 180.439 for oat, grain and oat, straw
with an effective date of June 22, 1994. However, the codification
section of that June 22\nd\ final rule inadvertently left out the corn
tolerances that were newly established on May 18, 1994. In the preamble
text of the June 22\nd\ final rule, no action was directed toward the
corn tolerances established on May 18th. The establishment of three
corn tolerances on May 18\th\ was inadvertently missed in the final
rule of June 22\nd\. Consequently, the three corn tolerances
established on May 18\th\ did not appear in Sec. 180.439 of the July
1, 1994 version of the 40 CFR nor in subsequent annual versions.
Currently, there are active products registered under the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA) which list corn as
a use site for thifensulfuron-methyl application. These registrations
have existed since 1994 with associated tolerances established in May
1994. EPA is proposing to correct the inadvertent error.
Also, in accordance with current Agency practice, the commodity
terminologies for the tolerances should be revised from corn forage,
field to corn, field, forage; corn grain, field to corn, field, grain;
and corn fodder, field to corn, field, stover.
Therefore, EPA is proposing to reinstate the tolerances in 40 CFR
180.439 for residues of thifensulfuron-methyl in or on corn, field,
forage at 0.1 ppm; corn, field, stover at 0.1 ppm; and corn, field,
grain at 0.05 ppm. The Agency will reassess these tolerances according
to FQPA standards in the near future.
On February 13, 2004 (69 FR 7161) (FRL-7338-6), EPA published a
direct final rule which would have reinstated the three corn tolerances
in 40 CFR 180.439. However, during the public comment period, EPA
received in docket OPP-2003-0363 one adverse comment from a private
individual. In the February 13th direct final rule, EPA stated that if
a relevant adverse comment was received during the comment period, that
EPA would publish a timely withdrawal in the Federal Register informing
the public that the direct final rule will not take effect and that the
Agency would publish a notice of proposed rulemaking in a future issue
of the Federal Register. EPA published a withdrawal of the February
13\th\ direct final rule on April 14, 2004 (69 FR 19767) (FRL-7351-9).
Comment. On February 17, 2004, a private individual from New Jersey
commented that he was opposed to the EPA approval of yet another
chemical to be placed on plants and stated that zero tolerance is the
only tolerance that should be tolerated on plants.
Agency Response. The comment was general in nature and did not
address the inadvertent or improper removal of the established corn
tolerances for thifensulfuron-methyl. Nor did the comment address
current active registrations for use of thifensulfuron-methyl on corn,
which have existed since 1994. Thus, the action proposed here is not
approving a new chemical but reinstating the corn tolerances in 40 CFR
180.439 to correct their inadvertent removal.
B. What is the Agency's Authority for Taking this Action?
A tolerance represents the maximum level for residues of pesticide
chemicals legally allowed in or on raw agricultural commodities and
processed foods. Section 408 of FFDCA, 21 U.S.C. 301 et seq., as
amended by the FQPA of 1996, Public Law 104-170, authorizes the
establishment of tolerances, exemptions from tolerance requirements,
modifications in tolerances, and revocation of tolerances for residues
of pesticide chemicals in or on raw agricultural commodities and
processed foods (21 U.S.C. 346(a)). Without a tolerance or exemption,
food containing pesticide residues is considered to be unsafe and
therefore adulterated under section 402(a) of the FFDCA. Such food may
not be distributed in interstate commerce (21 U.S.C. 331(a) and
342(a)). For a food-use pesticide to be sold and distributed, the
pesticide must not only have appropriate tolerances under the FFDCA,
but also must be registered under FIFRA (7 U.S.C. et seq.). Food-use
pesticides not registered in the United States must have tolerances in
order for commodities treated with those pesticides to be imported into
the United States. EPA will establish and
[[Page 26350]]
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.
C. When do These Actions Become Effective?
EPA is proposing that the three corn tolerances for thifensulfuron-
methyl be reinstated on the day of publication of a final rule in the
Federal Register.
III. Statutory and Executive Order Reviews
In this proposed rule EPA is proposing to reinstate specific
tolerances established under section 408 of the FFDCA. The Office of
Management and Budget (OMB) has exempted this type of action from
review under Executive Order 12866, entitled Regulatory Planning and
Review (58 FR 51735, October 4, 1993). Because this proposed rule has
been exempted from review under Executive Order 12866 due to its lack
of significance, this proposed 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 proposed
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 104-4). Nor does it require any 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 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
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 establishment 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
May 4, 1981 (46 FR 24950), and was provided to the Chief Counsel for
Advocacy of the Small Business Administration. Taking into account this
analysis, I certify that this action will not have a significant
economic impact on a substantial number of small entities. Furthermore,
for the pesticides named in this proposed rule, the Agency knows of no
extraordinary circumstances that exist as to the present proposal that
would change the EPA's previous analysis. Any comments about the
Agency's determination should be submitted to the EPA along with
comments on the proposal, and will be addressed prior to issuing a
final rule. 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 proposed 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 section 408(n)(4) of the FFDCA. For these same reasons, the Agency
has determined that this proposed 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 proposed 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 proposed rule.
List of Subjects in 40 CFR Part 180
Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.
Dated: May 3, 2004.
James Jones,
Director, Office of Pesticide Programs.
Therefore, it is proposed that 40 CFR chapter I be 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 180.439 is revised to read as follows:
Sec. 180.439 Thifensulfuron-methyl (methyl-3-[[[[(4-methoxy-6-methyl-
1,3,5-triazin-2-yl)amino]carbonyl]amino]sulfonyl]-2-thiophene
carboxylate); tolerances for residues.
(a) General. Tolerances are established for residues of the
herbicide thifensulfuron-methyl (methyl-3-[[[[4-methoxy-6-methyl-1,3,5-
triazin-2-yl)amino]carbonyl]amino]sulfonyl]-2-thiophene carboxylate) in
or on the following raw agricultural commodities:
------------------------------------------------------------------------
Commodity Parts per million
------------------------------------------------------------------------
Barley, grain........................................ 0.05
Barley, straw........................................ 0.1
Corn, field, forage.................................. 0.1
Corn, field, grain................................... 0.05
Corn, field, stover.................................. 0.1
Oat, grain........................................... 0.05
Oat, straw........................................... 0.1
Soybean.............................................. 0.1
Wheat, grain......................................... 0.05
Wheat, straw 0.1
------------------------------------------------------------------------
(b) Section 18 emergency exemptions. [Reserved]
(c) Tolerances with regional registrations. [Reserved]
[[Page 26351]]
(d) Indirect or inadvertent residues. [Reserved]
[FR Doc. 04-10780 Filed 5-11-04; 8:45 am]
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