[Federal Register Volume 67, Number 72 (Monday, April 15, 2002)]
[Proposed Rules]
[Pages 18150-18160]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-9070]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[OPP-2002-0019; FRL-6834-1]
RIN 2070-AB17


Acephate, Amitraz, Carbaryl, Chlorpyrifos, Cryolite, et al.; 
Proposed Revocation of Tolerances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: This document proposes to revoke certain tolerances for 
residues of the pesticides acephate, amitraz, carbaryl, chlorpyrifos, 
cryolite, disulfoton, ethalfluralin, ethion, ethoprop, fenthion, 
fluvalinate, methamidophos, metribuzin, oxamyl, phorate, phosalone, 
phosmet, pirimiphos-methyl, profenofos, propiconazole, 
tetrachlorvinphos, thiram, and tribufos because these specific 
tolerances are either no longer needed or are associated with food uses 
that are no longer current or registered in the United States. The 
regulatory actions proposed 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 proposed revocation of 153 
tolerances. Because seven tolerances were previously reassessed, 146 
tolerances would be counted as reassessed. Also, EPA is announcing that 
six goat and sheep tolerances at 0 ppm for amitraz are considered to be 
reassessed. Therefore, a total of 152 tolerance reassessments would be 
counted among tolerance/exemption reassessments made toward the August 
2002 review deadline.

DATES: Comments, identified by docket control number OPP-2002-0019, 
must be received on or before June 14, 2002.

ADDRESSES: Comments may be submitted by mail, electronically, or in 
person. Please follow the detailed instructions for each method as 
provided in Unit I. of the SUPPLEMENTARY INFORMATION. To ensure proper 
receipt by EPA, it is imperative that you identify docket control 
number OPP-2002-0019 in the subject line on the first page of your 
response.

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) 308-8037; e-mail address: 
[email protected].

SUPPLEMENTARY 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:

------------------------------------------------------------------------
                                                          Examples of
           Categories                 NAICS Codes         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 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 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, '' ``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/cfrhtml_00/Title_40/40cfr180_00.html, a beta site currently 
under development.
    2. In person. The Agency has established an official record for 
this action under docket control number OPP-2002-0019. 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 #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.

C. How and to Whom Do I Submit Comments?

    You may submit comments through the mail, in person, or 
electronically. To ensure proper receipt by EPA, it is imperative that 
you identify docket control number OPP-2002-0019 in the subject line on 
the first page of your response.
    1. By mail. Submit your comments to: Public Information and Records 
Integrity Branch (PIRIB), Information Resources and Services Division 
(7502C), Office of Pesticide Programs (OPP), Environmental Protection 
Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
    2. In person or by courier. Deliver your comments to: Public 
Information and Records Integrity Branch (PIRIB), Information Resources 
and Services Division (7502C), Office of Pesticide Programs (OPP), 
Environmental Protection Agency, Rm. 119, Crystal Mall #2, 1921 
Jefferson Davis Hwy., Arlington, VA. The PIRIB is open from 8:30 a.m. 
to 4 p.m., Monday through

[[Page 18151]]

Friday, excluding legal holidays. The PIRIB telephone number is (703) 
305-5805.
    3. Electronically. You may submit your comments electronically by 
e-mail to: [email protected], or you can submit a computer disk as 
described in this unit. Do not submit any information electronically 
that you consider to be CBI. Electronic comments must be submitted as 
an ASCII file avoiding use of special characters and any form of 
encryption. Comments and data will also be accepted on standard disks 
in WordPerfect 6.1/8.0 or ASCII file format. All comments in electronic 
form must be identified by docket control number OPP-2002-0019. 
Electronic comments may also be filed online at many Federal Depository 
Libraries.

D. How Should I Handle CBI that I Want to Submit to the Agency?

    Do not submit any information electronically that you consider to 
be CBI. You may claim information that you submit to EPA in response to 
this document as CBI 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. In addition to one complete 
version of the comment that includes any 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 version of the 
official record. Information not marked confidential will be included 
in the public version of the official record without prior notice. If 
you have any questions about CBI or the procedures for claiming CBI, 
please consult the person listed under FOR FURTHER INFORMATION CONTACT.

E. What Should I Consider as I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your 
comments:
    1. Explain your views as clearly as possible.
    2. Describe any assumptions that you used.
    3. Provide copies of any technical information and/or data you used 
that support your views.
    4. If you estimate potential burden or costs, explain how you 
arrived at the estimate that you provide.
    5. Provide specific examples to illustrate your concerns.
    6. Offer alternative ways to improve the proposed rule or 
collection activity.
    7. Make sure to submit your comments by the deadline in this 
document.
    8. To ensure proper receipt by EPA, be sure to identify the docket 
control number assigned to this action in the subject line on the first 
page of your response. You may also provide the name, date, and Federal 
Register citation.

F. What Can I Do if I Wish the Agency to Maintain a Tolerance that the 
Agency Proposes to Revoke?

    This proposed rule provides a comment period of 60 days for any 
person to state an interest in retaining a tolerance proposed for 
revocation. If EPA receives a comment within the 60-day period to that 
effect, EPA will not proceed to revoke the tolerance immediately. 
However, EPA will take steps to ensure the submission of any needed 
supporting data and will issue an order in the Federal Register under 
FFDCA section 408(f) if needed. The order would specify data needed and 
the time frames for its submission, and would require that within 90 
days some person or persons notify EPA that they will submit the data. 
If the data are not submitted as required in the order, EPA will take 
appropriate action under FFDCA.
    EPA issues a final rule after considering comments that are 
submitted in response to this proposed rule. In addition to submitting 
comments in response to this proposal, you may also submit an objection 
at the time of the final rule. If you fail to file an objection to the 
final rule within the time period specified, you will have waived the 
right to raise any issues resolved in the final rule. After the 
specified time, issues resolved in the final rule cannot be raised 
again in any subsequent proceedings.

II. Background

A. What Action is the Agency Taking?

    EPA is proposing to revoke certain tolerances for residues of the 
pesticides acephate, amitraz, carbaryl, chlorpyrifos, cryolite, 
disulfoton, ethalfluralin, ethion, ethoprop, fenthion, fluvalinate, 
methamidophos, metribuzin, oxamyl, phorate, phosalone, phosmet, 
pirimiphos-methyl, profenofos, propiconazole, tetrachlorvinphos, 
thiram, and tribufos because these specific tolerances correspond to 
uses no longer current or registered under FIFRA in the United States. 
It is EPA's general practice to propose revocation of those tolerances 
for residues of pesticide active ingredients on crop uses for which 
there are no active registrations under FIFRA, unless any person in 
comments on the proposal indicates a need for the tolerance to cover 
residues in or on imported commodities or domestic commodities legally 
treated. Also, some of the proposed revocations in this document are in 
accordance with the recommendations made during the Reregistration 
Eligibility Decision (RED), Interim Reregistration Eligibility Decision 
(IRED), or Report on FQPA Tolerance Reassessment Progress (TRED) 
process and for which documents are available in the OPP Public 
Regulatory Docket under the appropriate control number. Also, RED, 
IRED, or TRED documents are available as described in Unit II.B.
    In addition, EPA plans to update tolerance commodity terminology to 
conform to current Agency practice and expects to revise commodity 
terminology for all tolerances found within 40 CFR Part 180 in other 
future Federal Register publications, the first of which may be 
published soon after this proposed rule. Therefore, some or all of the 
commodity terminology revisions described in this proposed rule may be 
addressed in the Federal Register before a final rule for this proposal 
is published in the Federal Register.
    1. Acephate. On September 28, 2001, EPA issued an IRED for acephate 
which recommended that certain tolerances should be revoked (docket 
control numbers OPP-34164 and OPP-34164B). Previously, on April 17, 
1998 (63 FR 19254) (FRL-5782-6), July 8, 1998 (63 FR 36897) (FRL-5797-
1), July 22, 1998 (63 FR 39287) (FRL-5799-9), and January 27, 1999 (64 
FR 4099) (FRL-6051-8), EPA published notices in the Federal Register 
under section 6(f)(1) of FIFRA announcing its receipt of requests from 
registrants to cancel or amend certain product registrations and delete 
certain acephate uses, including the grass pasture and rangeland use 
for acephate. EPA approved the registrants' requests for voluntary 
cancellation of those specific product registrations and deletion of 
certain uses, including the use for grass (pasture and rangeland), and 
allowed a period of 18 months (in the 1998 notices) and 12 months (in 
the 1999 notice) for registrants to sell and distribute those specific 
existing stocks affected. The Agency believes that end users had 
sufficient time (at least 18 months beyond the endpoint for sale and 
distribution by registrants) to exhaust those existing stocks and for 
treated commodities to have cleared the channels of trade. Therefore, 
EPA is proposing to revoke the tolerances in 40 CFR 180.108 for 
combined residues of acephate and its cholinesterase-inhibiting 
metabolite O,S-dimethylphosphura-midothioate in or

[[Page 18152]]

on grass (pasture and range) and grass hay because no active 
registrations exist which cover those commodities.
    2. Amitraz. Prior to enactment of the FQPA in August 1996, EPA 
issued a RED for amitraz, approved in March 1995, which identified uses 
not being supported and recommended revocation of the tolerances for 
apples; horses, fat; horses, mbyp; and horses, meat. Apple and horse 
commodity tolerances are currently codified in 40 CFR 180.287 at 0 ppm; 
i.e., no finite tolerance is established for apple and horse 
commodities for amitraz. There is currently no registered use of 
amitraz on apples or horse commodities and those commodities are not 
identified as registered uses for amitraz in the 1995 RED or in the 
Product and Residue Chemistry Chapter, completed on September 17, 1993. 
The historical regulatory file for amitraz does not show any registered 
products that were associated with either apple or horse commodity 
uses; i.e., no product cancellations or use deletions from labels were 
completed or need to be completed. Because the tolerances are no longer 
needed, the Agency is proposing to revoke the tolerances in 40 CFR 
180.287 for residues of amitraz and its metabolites in or on apples; 
horses, fat; horses, mbyp; and horses, meat. EPA believes that 
sufficient time has passed for the possiblity of any stocks to have 
been exhausted and for the possibility of any treated commodities to 
have cleared channels of trade.
    Also, according to the 1993 Product and Residue Chemistry Chapter 
and 1995 RED, the Agency had received a petition to accommodate dermal 
use of amitraz that was pending in regard to revision in the levels of 
established goat and sheep tolerances at 0 ppm in 40 CFR 180.287. 
Currently, those six tolerances for goats, fat; goats, mbyp; goats, 
meat; sheep, fat; sheep, mbyp; and sheep, meat are at 0 ppm. EPA has 
been able to identify no past or current registrations of amitraz for 
use on goat or sheep commodities. However, due to the pending petition, 
EPA is not proposing revocation of those six tolerances at this time. 
EPA believes that there is no risk of exposure to amitraz under these 
tolerances because the tolerance permits no amount of the pesticide 
chemical to remain on the raw agricultural commodity when it is offered 
for shipment; and therefore, the tolerances present a reasonable 
certainty of no harm to human health. In accordance with FQPA, the 
Agency considers those six goat and sheep tolerances at 0 ppm to be 
reassessed.
    In addition, the Agency is proposing to revise commodity 
terminology in 40 CFR 180.287 to conform to current Agency practice as 
follows: ``beeswax'' to ``honeycomb'' and ``hops, dried'' to ``hop, 
dried cones.''
    3. Carbaryl. In the U.S., there are no current uses of the 
insecticide carbaryl in or on cotton, forage; barley; oats; or rye. The 
Agency approved the registrant's requests for voluntary amendment of 
various carbaryl product labels to delete use on oats and rye in 1996, 
barley in 1997, and cotton forage in 1999. Therefore, EPA is proposing 
to revoke the tolerances in 40 CFR 180.169 for residues of carbaryl, 
including its hydrolysis product 1-naphthol, calculated as 1-naphthyl 
N-methylcarbamate in or on barley, grain; barley, green fodder; barley, 
straw; cotton, forage; oats, fodder, green; oats, grain; oats, straw; 
rye, fodder, green; rye, grain; and rye, straw. The Agency believes 
that sufficient time has passed for stocks to have been exhausted and 
for treated commodities to have cleared channels of trade.
    4. Chlorpyrifos. Because beans, lima, forage; beans, snap, forage; 
sorghum milling fractions (sorghum flour is used exclusively in the 
U.S. as a component for drywall, not as either a human or animal feed 
item); bean, forage; and pea forage are no longer considered to be 
significant feed items; the tolerances are no longer needed. Therefore, 
EPA is proposing to revoke the tolerances in 40 CFR 180.342(a)(1) for 
beans, lima, forage; beans, snap, forage; and sorghum milling fractions 
and in 40 CFR 180.342(a)(2) for bean, forage and pea forage.
    On September 28, 2001, EPA issued an IRED for chlorpyrifos which 
recommended that certain tolerances should be revoked (docket control 
numbers OPP-34203 and OPP-34203C). In response to the chlorpyrifos 
IRED, the Interregional Research Project No. 4 (IR-4) Center for Minor 
Crop Pest Management notified the Agency that they are supporting and 
developing data for chlorpyrifos tolerances for blueberries in 40 CFR 
180.342(a)(1), leeks in 40 CFR 180.342(c)(1), and cherimoya, feijoa 
(pineapple guava), and sapote in 40 CFR 180.342(c)(2). Therefore, those 
tolerances will not be proposed for revocation at this time.
    The historical regulatory file for chlorpyrifos does not identify 
registered products that were associated with uses on caneberries, 
dates, mushrooms, seed and pod vegetables, and sugarcane; i.e., no 
product cancellations or use deletions from labels need to be 
completed. EPA believes these uses were canceled years ago and 
sufficient time has passed for stocks to have been exhausted and for 
treated commodities to have cleared the channels of trade. Because 
there are currently no current registered uses for combined residues of 
chlorpyrifos and its metabolite 3,5,6-trichloro-2-pyridinol on dates, 
mushrooms, and seed and pod vegetables; and for residues of 
chlorpyrifos on caneberries and sugarcane, EPA is proposing to revoke 
the tolerances for mushrooms and seed and pod vegetables in 40 CFR 
180.342(a)(1), caneberries and sugarcane in 40 CFR 180.342(a)(2), and 
dates in 180.342(c)(1).
    In addition, the Agency is proposing to revise commodity 
terminology to conform to current Agency practice as follows: in 40 CFR 
180.342(a)(1) ``beans, lima'' to ``bean, lima'' ``beans, snap'' to 
``bean, snap, succulent''; ``beets, sugar, molasses'' to ``beet, sugar, 
molasses''; ``onions (dry bulb)'' to ``onion, dry bulb''; ``peppers'' 
to ``pepper,'' ``sorghum, fodder'' to ``sorghum, grain, stover,'' 
``sorghum, grain'' to ``sorghum, grain, grain''; ``sunflower, seeds'' 
to ``sunflower, seed''; in 40 CFR 180.342(a)(2) ``nectarines'' to 
``nectarine''; ``peaches'' to ``peach''; ``strawberries'' to 
``strawberry''; ``sweet potatoes'' to ``sweet potato''; and in 40 CFR 
180.342(c)(1) ``grapes'' to ``grape''; and ``leeks'' to ``leek.''
    5. Cryolite. The registrant(s) of cryolite requested voluntary 
cancellation for use on beets, radishes, rutabagas, and turnips. 
Rutabagas were removed from cryolite labels prior to 1988. Beets were 
removed from cryolite labels in 1988. Radishes and turnips were removed 
from cryolite labels in 1996. In June 1996, the cryolite RED 
recommended that the tolerances for beets, roots; radish, roots, 
rutabaga, roots; and turnip, roots be revoked because the registrant 
intended to request voluntary cancellation. On September 25, 1996 (61 
FR 50294) (FRL-5394-2), a FIFRA section 6(f)(1) notice of receipt of a 
request to voluntarily delete radish and turnip uses from cryolite 
registrations was published in the Federal Register, with a use 
deletion date of December 24, 1996. Accordingly, the Agency is 
proposing to revoke tolerances in 40 CFR 180.145 for residues of 
fluorine compounds cryolite and synthetic cryolite (sodium aluminum 
fluoride) in or on beets, roots; radish, roots; rutabaga, roots; and 
turnip, roots. EPA believes that sufficient time has passed for stocks 
to have been exhausted and for treated commodities to have cleared the 
channels of trade.
    6. Disulfoton. On June 4, 1997 (62 FR 30578) (FRL-5715-8), EPA 
published a notice in the Federal Register under section 6(f)(1) of 
FIFRA announcing its

[[Page 18153]]

receipt of requests for amendments to delete disulfoton uses for 
pineapples, rice, and sugar beets. EPA approved the request, effective 
December 1, 1997, and allowed the registrants to sell or distribute 
products under the previously approved labeling for 18 months (June 1, 
1999). More than 21/2 years has passed, which the Agency believes to be 
sufficient time for exhaustion of those stocks and for treated 
commodities to have cleared channels of trade. Because no active 
registrations exist for use of disulfoton in or on those commodities, 
EPA is proposing to revoke the tolerances in 40 CFR 180.183(a)(1) for 
residues of disulfoton and its cholinesterase-inhibiting metabolites in 
or on beets, sugar, roots; beets, sugar, tops; pineapples; rice; and 
rice, straw; and the tolerances in 40 CFR 180.183(a)(2) for residues of 
disulfoton, calculated as demeton, in dehydrated sugar beet pulp and in 
pineapple bran.
    The commodity ``beans, vines'' is no longer considered to be a 
significant animal feed item and the tolerance is no longer needed. 
Therefore, EPA is proposing to revoke the tolerance for beans, vines in 
40 CFR 180.183.
    On February 7, 2001 (66 FR 9317) (FRL-6765-9), EPA published a 
notice in the Federal Register under section 6(f)(1) of FIFRA 
announcing its receipt of requests for amendments to delete disulfoton 
uses for corn, oats, and pecans. EPA approved the request, effective 
March 9, 2001, and allowed the registrants to sell or distribute 
product under the previously approved labeling for 18 months (ending 
September 9, 2002). EPA believes that those stocks should be exhausted 
within 12 months of that date (September 9, 2003). Because no active 
registrations exist for the use of disulfoton in or on those 
commodities, EPA is proposing to revoke the tolerances in 40 CFR 
180.183(a)(1) for the combined residues of disulfoton and its 
cholinesterase-inhibiting metabolites, calculated as demeton, in or on 
corn, field, fodder; corn, field, forage; corn, grain; corn, pop; corn, 
pop, fodder; corn, pop, forage; corn, sweet, fodder; corn, sweet, 
forage; corn, sweet, grain (K+CWHR); oats, fodder, green; oats, grain; 
oats, straw; and pecans with an expiration, revocation date of December 
9, 2003. The Agency believes that this revocation date permits users to 
exhaust stocks and allows sufficient time for passage of treated 
commodities through the channels of trade.
    In addition, EPA is proposing to revise commodity terminology in 40 
CFR 180.183(a) to conform to current Agency practice as follows: 
``beans, dry'' to ``bean, dry;'' ``beans, lima'' to ``bean, lima''; 
``coffee beans'' to ``coffee, bean''; ``corn, field, fodder'' to 
``corn, field, stover''; ``corn, pop, fodder'' to ``corn, pop, 
stover''; ``corn, sweet, fodder'' to ``corn, sweet, stover''; 
``cottonseed'' to ``cotton, undelinted seed''; ``hops'' to ``hop, dried 
cones''; ``oats, grain'' to ``oat, grain''; ``oats, straw'' to ``oat, 
straw''; ``peanuts'' to ``peanut''; ``peas'' to ``pea''; ``peas, 
vines'' to ``pea, field, vines''; ``pecans'' to ``pecan''; ``peppers'' 
to ``pepper''; ``potatoes'' to ``potato''; ``sorghum, fodder'' to 
``sorghum, grain, stover''; ``sorghum, forage'' to ``sorghum, forage, 
forage;'' ``sorghum, grain'' to ``sorghum, grain, grain''; ``soybeans'' 
to ``soybean''; ``soybeans, forage'' to ``soybean, forage''; 
``soybeans, hay'' to ``soybean, hay''; ``tomatoes'' to ``tomato''; and 
``wheat, fodder, green'' to ``wheat, hay.''
    7. Ethalfluralin. When EPA establishes tolerances for residues in 
or on raw agricultural commodities, consideration must be given to the 
possible residues of those pesticides in meat, milk, poultry, and/or 
eggs produced by animals that are fed agricultural products (for 
example, grain or hay) containing pesticide residues (40 CFR 180.6). 
When considering this possibility, EPA can conclude that: (1) Finite 
residues will exist in meat, milk, poultry, and/or eggs; (2) there is a 
reasonable expectation that finite residues will exist; or (3) there is 
a reasonable expectation that finite residues will not exist. In 1994, 
the ethalfluralin RED recommended revocation for egg, milk, fat, meat, 
and meat byproduct tolerances based on animal metabolism data 
(submitted since the time that the tolerances were originally 
established) from which EPA concluded that there is no reasonable 
expectation of finite residues for meat, fat, and meat byproduct 
commodities and the associated tolerances are not required according to 
40 CFR 180.6(a)(3). Those feeding studies used exaggerated amounts of 
the pesticide and did not show measurable residues in animal tissues. 
Since the ethalfluralin RED, completed prior to the implementation of 
the FQPA, the Agency has reviewed the regulatory conclusions in the RED 
and determined in a memorandum January 3, 2002, that for egg, milk, 
fat, meat, and meat byproduct commodities there is no reasonable 
expectation of finite residues and the egg, milk, fat, meat, and meat 
byproduct tolerances for ethalfluralin are no longer needed and are not 
required according to 40 CFR 180.6(a)(3). Therefore, the Agency is 
proposing to revoke the tolerances in 40 CFR 180.416 for residues of 
ethalfluralin in or on goats, fat; goats, meat; and goats, mbyp. A copy 
of the Agency's January 3, 2002 memorandum will be placed in the 
docket.
    8. Ethion. On January 14, 1998 (63 FR 2163) (FRL-5755-9), EPA 
consolidated certain food and feed additive tolerance regulations in 40 
CFR parts 185 and 186 to part 180, including the raisins and tea, dried 
tolerances for ethion from 40 CFR 185.2750 into 40 CFR 180.173. On 
February 5, 1998 (63 FR 5907) (FRL-5743-9), the Agency proposed to 
revoke the tolerances for raisins and tea, dried in 40 CFR 180.173. The 
Agency did not receive any comment on the proposed revocation of these 
two tolerances. However, on October 26, 1998 (63 FR 57067) (FRL-6035-
6), EPA published a final rule in the Federal Register which 
inadvertently did not remove the raisins and tea, dried tolerances from 
the table of entries found in 40 CFR 180.173. To correct the error, the 
Agency now is proposing to revoke the tolerance for raisins and tea, 
dried in 40 CFR 180.173 with an effective date that is 90 days after 
publication of a final rule in the Federal Register.
    On August 24, 29, and 31, 2001, Micro-Flo Corporation, FMC 
Corporation, and Cheminova A/S, respectively, signed a Memorandum of 
Agreement with EPA requesting voluntary cancellation of all their 
registrations for products containing ethion. On September 26, 2001 (66 
FR 49182) (FRL-6805-5), EPA published a notice in the Federal Register 
under section 6(f)(1) of FIFRA announcing its receipt of requests for 
registration cancellations. On March 22, 2002 (67 FR 13327) (FRL-6829-
5), EPA published a cancellation order in the Federal Register which 
approved the registrants' requests for voluntary cancellation of ethion 
registrations. As a result of the voluntary cancellation, the Agency is 
prohibiting sale and distribution of existing stocks of ethion 
manufacturing use products after October 1, 2003, and is prohibiting 
the production of any product after December 31, 2003. Also, the Agency 
is prohibiting the sale and distribution of end-use products after 
October 1, 2004, and is prohibiting the use of end-use products after 
December 31, 2004. Therefore, with the exception of the tolerances for 
raisins and dried tea, described in the preceding paragraph, the Agency 
is proposing to revoke all tolerances in 40 CFR 180.173 for residues of 
ethion including its oxygen analog (S-
[[diethoxyphosphinothioyl)thio]methyl] O,O-diethyl phosphorothioate) 
with an expiration/revocation date of March 31, 2005. The Agency 
believes that this date allows sufficient time for any ethion-

[[Page 18154]]

treated food commodities to pass through the channels of trade.
    9. Ethoprop. A regional tolerance was established in 1987 for 
ethoprop use on okra. However, EPA's report on Quantitative Usage 
Analysis for ethoprop shows the usage status on okra as not available 
or insufficient for quantitation between 1987 and 1996. There is 
currently no registered use of ethoprop on okra. EPA has been able to 
identify no past registration of ethoprop for use on okra and believes 
that the use was canceled years ago. Therefore, EPA is proposing to 
revoke the tolerance for okra in 40 CFR 180.262(c). The Agency believes 
that sufficient time has passed for stocks to have been exhausted and 
for treated commodities to have cleared the channels of trade.
    10. Fenthion. In the IRED for fenthion issued in December 2000, EPA 
published its interim decision on tolerance reassessment for fenthion 
(docket control number OPP-34145). The IRED addressed risks from 
exposure to fenthion-treated livestock food items. However, the 
registrant requested voluntary cancellation of all of the food-use 
product registrations for fenthion. On October 16, 2000 (65 FR 61161) 
(FRL-6747-5), EPA published a notice in the Federal Register under 
section 6(f)(1) of FIFRA announcing its receipt of these requests. The 
Agency approved the registrants' requests for a phased voluntary 
cancellation of fenthion registrations. In accordance with the IRED, 
the cancellation of products associated with the swine use had a 
cancellation date of October 2000 and permitted the registrant to sell 
and distribute existing stocks until October 2001. The products 
associated with cattle use had a cancellation date of December 31, 2000 
and permitted the registrant to sell and distribute existing stocks 
until December 31, 2001. The Agency believes that end users will 
exhaust existing stocks of fenthion by December 31, 2002. EPA is 
proposing to revoke the tolerances in 40 CFR 180.214 for residues of 
fenthion and its cholinesterase-inhibiting metabolites in or on cattle, 
fat; cattle, meat; cattle (mbyp); hogs, fat; hogs, meat; hogs (mbyp); 
and milk with an expiration/revocation date of April 1, 2003 to allow 
sufficient time for treated commodities to pass through channels of 
trade. Also, EPA is proposing to revise commodity terminology in 40 CFR 
180.214 to conform to current Agency practice as follows: ``cattle 
(mbyp)'' to ``cattle, meat byproducts''; ``hogs, fat'' to ``hog, fat''; 
``hogs, meat'' to ``hog, meat''; and ``hogs (mbyp)'' to ``hog, meat 
byproducts.''
    11. Fluvalinate. With the exception of honey, which is linked to 
the active registration for use in/on beehives, there are no active 
food-use registrations for the insecticide fluvalinate. The use of 
fluvalinate on cotton was voluntarily canceled in 1991. Cotton had been 
the only feed use for fluvalinate; therefore, the animal commodity 
tolerances are no longer needed. EPA believes that sufficient time has 
passed for exhaustion of those stocks and for treated commodities to 
have cleared channels of trade. Therefore, with the exception of honey, 
EPA is proposing to revoke the tolerances in 40 CFR 180.427(a) for 
residues of fluvalinate in or on cattle, fat; cattle, mbyp; cattle, 
meat; cottonseed; cottonseed hulls; cottonseed oil (crude and refined); 
eggs; goat, fat; goat, mbyp; goat, meat; hogs, fat; hogs, mbyp; hogs, 
meat; horses, fat; horses, mbyp; horses, meat; milk; poultry, fat; 
poultry, mbyp; poultry, meat; sheep, fat; sheep, mbyp; and sheep, meat.
    Also, a tolerance for coffee was established in 1989 based on a 
FIFRA section 24(c) registration and use of fluvalinate on coffee was 
restricted to Hawaii. In May 1990, the registration was canceled. 
Therefore, the Agency is proposing to revoke the tolerance in 40 CFR 
180.427(c) for residues of fluvalinate in or on coffee.
    12. Methamidophos. On July 2, 1997 (62 FR 35812) (FRL-5724-7), EPA 
published a notice in the Federal Register under section 6(f)(1) of 
FIFRA announcing its receipt of requests from the registrants to 
terminate the use of methamidophos on all crops except cotton and 
potatoes, and to cancel all methamidophos 24(c) food-use registrations 
not labeled for use on tomatoes only, and provided a period for public 
comment. On December 23, 1997 (62 FR 67071) (FRL-5764-2), EPA published 
a notice in which the Agency responded to comments received and 
approved those terminations and cancellations, effective December 31, 
1997. The Agency determined that after December 31, 1997, only persons 
other than the registrants were allowed to sell and distribute existing 
stocks, which EPA believed at that time to be relatively small. More 
than 4 years has passed, which the Agency believes to be sufficient 
time for exhaustion of those stocks and for treated commodities to have 
cleared channels of trade. EPA now proposes to revoke the tolerances in 
40 CFR 180.315(a) for residues of methamidophos in or on beets, sugar, 
roots; beets, sugar, tops; broccoli; Brussels sprouts; cabbage; 
cauliflower; and lettuce. Because a petition submitted by the 
registrant to the Agency for use on peppers regarding a FIFRA section 
24(c) registration is pending and because of the possibility that 
existing labels for 24(c) registrations may not yet have been amended 
regarding deletion of cucumbers, eggplant, and melons, the Agency will 
not address cucumbers, eggplant, melons, and peppers at this time. 
However, EPA is proposing to revise commodity terminology in 40 CFR 
180.315 to conform to current Agency practice as follows: ``cucumbers'' 
to ``cucumber''; ``melons'' to ``melon''; and ``peppers'' to 
``pepper.'' In addition, the Agency is proposing in 40 CFR 180.315 to 
revise ``cottonseed'' to ``cotton, undelinted seed''; ``potatoes'' to 
``potato'' and ``tomatoes'' to ``tomato.''
    13. Metribuzin. The Agency is proposing to revoke the tolerance in 
40 CFR 180.332 for residues of metribuzin and its triazinone 
metabolites in or on potato waste, processed (dried). Because potato 
waste, processed (dried) is no longer considered a significant feed 
item, the tolerance is no longer needed. EPA issued a RED for 
metribuzin, approved on May 20, 1997, but the potato waste, processed 
(dried) tolerance was since identified not to be a significant feed 
item.
    14. Oxamyl. Because peanut, forage; pineapples, forage; and soybean 
straw commodities are no longer considered to be significant feed 
items, the associated tolerances are no longer needed. Therefore, EPA 
is proposing to revoke the tolerances in 40 CFR 180.303 for the sum of 
the residues of the insecticide oxamyl (methylN-N-dimethyl-N-
[(methylcarbamoyl)-oxy]-1-thiooxamimidate) and its oxime metabolite 
N,N-dimethyl-N-hydroxy-1-thiooxamimidate calculated as oxamyl in or on 
peanut, forage; pineapples, forage; and soybean straw. These proposed 
revocations are consistent with recommendations found in the IRED for 
oxamyl issued on September 30, 2000 (docket control numbers OPP-34230 
and OPP-34236).
    15. Phorate. Because these commodities are no longer considered 
significant livestock feed items and therefore the associated 
tolerances are no longer needed, EPA is proposing to revoke the 
tolerances in 40 CFR 180.206 for combined residues of phorate and its 
cholinesterase-inhibiting metabolites in or on beans, vines and 
peanuts, vines.
    In FY 2000, EPA published an IRED for phorate which recommended 
that certain tolerances, including the tolerances for peanut hay and 
dried sugar beet pulp, should be revoked (docket control numbers OPP-
34137 and OPP-34137B). Because a feeding restriction exists against the 
feeding of treated peanut hay on current product labels, the tolerance 
is no longer

[[Page 18155]]

needed, and therefore the Agency is proposing to revoke the tolerance 
in 40 CFR 180.206 for peanuts, hay. In addition, sufficient sugar beet 
processing data are available that indicate phorate residues of concern 
do not concentrate in dried sugar beet pulp. Therefore, that tolerance 
is no longer needed and EPA is proposing to revoke the tolerance in 40 
CFR 180.206 for sugar beet, dried pulp.
    16. Phosalone. In 1986, 1987, and 1991, registrations for phosalone 
use on almonds were canceled. In response to a proposal by the Agency 
(63 FR 3057, January 21, 1998) (FRL-5743-8) to revoke plant and animal 
commodity tolerances for phosalone, the registrant requested that the 
Agency not revoke certain tolerances, including almonds, for 
importation purposes only. On January 22, 1999 (64 FR 3427) (FRL-6044-
2), a correction of the final rule (63 FR 57062, October 26, 1998) 
(FRL-6035-8) was published in the Federal Register and announced that 
EPA had revoked the tolerance for ``nuts,'' but since almonds had been 
covered by that tolerance, the Agency would establish a tolerance for 
almonds. However, the tolerance for ``almond, hulls'' is not needed for 
import purposes. In January 2001, EPA published a TRED and Interim Risk 
Management Decision for phosalone which recommended that the tolerance 
for almond hulls, a livestock feed item, be revoked because phosalone 
has no U.S. registrations and almond hulls are not imported, nor do 
countries with registered uses for phosalone on almonds export 
significant quantities of livestock commodities to the U.S. (docket 
control numbers OPP-34216 and OPP-34216A). To implement that 
recommendation found in the IRED, EPA is proposing to revoke the 
tolerance in 40 CFR 180.263 for residues of phosalone in or on almond, 
hulls.
    17. Phosmet. On October 30, 2001 EPA issued an IRED for phosmet 
which recommended that certain tolerances should be revoked (docket 
control numbers OPP-34173 and OPP-34173B). Therefore, EPA is proposing 
to revoke the tolerances in 40 CFR 180.261 for the sum of the residues 
for N-(mercaptomethyl) phthalimide S-(O,O-dimethyl phosphorodithioate) 
and its oxygen analog N-(mercaptomethyl) phthalimide S-(O,O-dimethyl 
phosphorothioate) in or on corn, fresh (inc. sweet K+CWHR); corn, 
fodder; corn, forage; and corn, grain because no active registrations 
exist which cover those commodities. Previously, on April 17, 1996 (61 
FR 16779) (FRL-5360-5), EPA published a notice in the Federal Register 
under section 6(f)(1) of FIFRA announcing its receipt of requests from 
the registrant to delete certain product label uses, including the corn 
use for phosmet. EPA approved the registrant's request for an amendment 
to delete the corn use from its label effective July 16, 1996, and 
allowed the registrant to sell and distribute affected existing stocks 
for 18 months; i.e., until January 16, 1998. EPA believes that end 
users have now had sufficient time (more than 4 years) to exhaust those 
stocks and for treated commodities to have cleared channels of trade.
    18. Pirimiphos-methyl. In 2001, EPA published an IRED for 
pirimiphos-methyl which recommended that certain tolerances should be 
revoked (docket control numbers OPP-34168, OPP-34168A, and OPP-34168B). 
Results from ruminant and poultry feeding studies (and residue trials 
conducted on stored grains) indicated that residues in certain 
livestock commodities could be classified under 40 CFR 180.6(a)(3); 
i.e., there is no reasonable expectation of finite residues. Therefore, 
the tolerances are no longer needed. Accordingly, the Agency is 
proposing to revoke the tolerances in 40 CFR 180.409(a)(1) for combined 
residues of pirimiphos-methyl, O-[2-diethylamino-6-methyl-4-
pyrimidinyl) O,O-dimethyl phosphorothioate, the metabolite O-[2-
ethylamino-6-methyl-pyrimidin-4-yl) O,O-dimethyl phosphorothioate and, 
in free and conjugated form, the metabolites 2-diethylamino-6-methyl-
pyrimidin-4-ol), 2-ethylamino-6-methyl-pyrimidin-4-ol, and 2-amino-6-
methyl-pyrimidin-4-ol in or on cattle, meat; eggs; goats, meat; hogs, 
meat; horses, meat; milk, fat (0.1 ppm (N) in whole milk); poultry, 
mbyp; poultry, meat; and sheep, meat.
    Also, processing studies indicated that residues did not 
concentrate in either refined corn oil or in the milling fractions of 
corn and sorghum. Therefore, the Agency is proposing to revoke the 
tolerances in 40 CFR 180.409(a)(2) for corn milling fractions (except 
flour); corn oil; and sorghum milling fractions (except flour). For 
reassessment counting purposes, the tolerances for both corn and 
sorghum milling fractions will each count as two to reflect the two 
tolerances (formerly in 40 CFR 185.4950 and 186.4950) that had existed 
on August 3, 1996, when FQPA was enacted.
    In addition, EPA is proposing to revise commodity terminology in 40 
CFR 180.409 to conform to current Agency practice as follows: ``cattle, 
mbyp'' to ``cattle, meat byproducts''; ``goats, fat'' to ``goat, fat''; 
``goats, mbyp'' to ``goat, meat byproducts''; ``hogs, fat'' to ``hog, 
fat''; ``hogs, mbyp'' to ``hog, meat byproducts''; ``horses, fat'' to 
``horse, fat''; ``horses, mbyp'' to ``horse, meat byproducts''; 
``sheep, mbyp'' to ``sheep, meat byproducts''; and ``sorghum, grain'' 
to ``sorghum, grain, grain.''
    19. Profenofos. In August 2000, EPA published an IRED for 
profenofos which recommended that certain tolerances should be revoked 
(docket control numbers OPP-34138 and OPP-34138B). EPA concluded that 
there is no reasonable expectation of finite residues for hog 
commodities (meat, fat, and meat byproducts) for profenofos based on 
feeding studies. The associated tolerances are not required according 
to 40 CFR 180.6(a)(3) and can be revoked. Therefore, the Agency is 
proposing to revoke the tolerances in 40 CFR 180.404 for hogs, fat; 
hogs, mbyp; and hogs, meat.
    Also, EPA is proposing to revoke the tolerance in 40 CFR 180.404 
for cottonseed hulls because the tolerance is no longer needed, based 
on a cottonseed processing study for cottonseed treated with 
profenofos. The data show that after application of an average 
concentration factor of 1.4X for cottonseed hulls to the highest 
average field trial value, the expected average level of profenofos per 
se, the compound of toxicological concern, is covered by the current 
tolerance for the raw agricultural commodity, cottonseed, at 3.0 ppm 
(as well as the interim reassessed tolerance for cottonseed at 2.0 
ppm).
    20. Propiconazole. EPA is proposing to revoke the tolerance in 40 
CFR 180.434 for grass, seed screenings because that commodity is no 
longer considered a significant feed item and therefore the tolerance 
is no longer needed. Also, because a tolerance for stonefruit group at 
1.0 ppm already exists for the combined residues of propiconazole and 
its metabolites determined as 2,4-dichlorobenzoic acid (expressed as 
parent compound) in 40 CFR 180.434, the EPA believes that each of the 
individual tolerances in 40 CFR 180.434 at 1.0 ppm for apricots, 
nectarines, peaches, plums, and prunes, fresh are unnecessary 
duplicates and therefore is proposing to remove them. The use of 
propiconazole on those commodities will be covered by the remaining 
group tolerance. For reassessment counting purposes, the Agency will 
not count removal of those fruit tolerances as reassessments in a final 
rule because the use will remain covered by the existing ``stonefruit 
group'' tolerance. In addition, EPA is proposing to revise the 
commodity terminology in 40 CFR 180.434 to

[[Page 18156]]

conform to current Agency practice as follows: ``bananas'' to 
``banana''; ``eggs'' to ``egg''; ``goats, fat'' to ``goat, fat;'' 
``grass, hay (straw)'' to ``grass, hay''; ``hogs, fat'' to ``hog, 
fat''; ``mushrooms'' to ``mushroom''; ``oats, forage'' to ``oat, 
forage''; ``oats, straw'' to ``oat, straw''; and ``stonefruit group'' 
to ``fruit, stone, group 12.''
    21. Tetrachlorvinphos. There are no active registrations for use of 
tetrachlorvinphos in or on alfalfa. All registered uses of 
tetrachlorvinphos on food or feed plant commodities, including alfalfa, 
were canceled in 1987. In June 1995, EPA had issued a RED for 
tetrachlorvinphos which recommended revoking the tolerances for 
``alfalfa'' and ``sheep, fat'' because there were no registered uses 
associated with those commodities. On August 27, 1997 (62 FR 45416) 
(FRL-5737-4), EPA published the registrant's request for voluntary 
cancellation for the remaining tetrachlorvinphos product that could 
have had the sheep use. EPA believes that end users have now had 
sufficient time to exhaust those stocks and for treated commodities to 
have cleared channels of trade. Therefore, because there are no active 
registrations, the Agency is proposing to revoke tolerances in 40 CFR 
180.252(a) for residues of tetrachlorvinphos in or on alfalfa and 
sheep, fat.
    22. Thiram. On November 6, 1996 (61 FR 57419) (FRL-5570-5), EPA 
published a notice in the Federal Register under section 6(f)(1) of 
FIFRA announcing its receipt of requests for amendments to delete 
certain uses, including bananas, celery, onions (dry bulb), and 
tomatoes from the thiram technical label, effective February 4, 1997. 
EPA allowed a period of 18 months for the registrant to sell or 
distribute product under previously approved labeling. Now, the Agency 
believes that end users have had sufficient time to exhaust product 
under the previously approved labeling and for treated commodities to 
have cleared channels of trade. Therefore, the Agency is proposing to 
revoke the tolerances in 40 CFR 180.132 for celery, onions (dry bulb), 
tomatoes, and ``bananas (from preharvest and postharvest application) 
of which not more than 1 part per million shall be in the pulp after 
peel is removed and discarded.'' For tolerance reassessment counting 
purposes, the EPA will count bananas as two tolerances (banana, with 
peel, pre- and post-harvest at 7.0 ppm and banana, pulp at 1.0 ppm). In 
addition, EPA is proposing to revise commodity terminology in 40 CFR 
180.132 to conform to current Agency practice as follows: ``apples'' to 
``apple,'' ``peaches'' to ``peach,'' and ``strawberries'' to 
``strawberry.''
    23. Tribufos. On September 28, 2000, EPA issued an IRED for 
tribufos which recommended a tolerance that should be revoked (docket 
control numbers OPP-34148 and OPP-34148A). The Agency is proposing to 
revoke the tolerance in 40 CFR 180.272 for residues of tribufos (S,S,S-
tributyl phosphorotrithioate) in or on cottonseed hulls because the 
tolerance is no longer needed, based on a cottonseed processing study, 
which showed that while residues of tribufos in cottonseed had been 
present, no concentration of tribufos residues occurred during normal 
processing procedures in cottonseed meal, hulls, crude and refined 
oils.

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 is proposing certain tolerances for revocation that are in 
accordance with the recommendations made during the RED, IRED, or TRED 
process for specific pesticides. Printed copies of the REDs, IREDs, and 
TREDs may be obtained from EPA's National Service Center for 
Environmental Publications (EPA/NSCEP), P.O. Box 42419, Cincinnati, OH 
45242-2419, telephone: 1-800-490-9198; fax: 513-489-8695 and from the 
National Technical Information Service (NTIS), 5285 Port Royal Road, 
Springfield, VA 22161; telephone: 1-800-553-6847 or 703-605-6000. 
Electronic copies of REDs, IREDs, and TREDs are available on the 
internet at http://www.epa.gov/pesticides/reregistration/status.htm.
    EPA's general practice is to propose revocation of tolerances for 
residues of pesticide active ingredients on crops for which FIFRA 
registrations no longer exist and on which the pesticide may therefore 
no longer be used in the United States. 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 import 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 an assessment 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 potential trade 
restrictions, the Agency is proposing to revoke tolerances for residues 
on crops uses for which FIFRA registrations no longer exist, unless 
someone expresses a need for such tolerances and commits to the data 
needed to support them. Through this proposed rule, the Agency is 
inviting individuals who need these import tolerances to identify 
themselves and the tolerances that are needed to cover imported 
commodities.

[[Page 18157]]

    Parties interested in retention of the tolerances should be aware 
that additional data may be needed to support retention of the 
tolerances. Under FFDCA section 408(f), if the Agency determines that 
additional information is reasonably required to support the 
continuation of a tolerance, EPA may require that parties interested in 
maintaining the tolerances provide the necessary information. If the 
requisite information is not submitted, EPA may issue an order revoking 
the tolerance at issue.

C. When Do These Actions Become Effective?

    For the rule, the proposed revocations will affect tolerances for 
uses which have been canceled, in some cases, for many years. With the 
exception of certain tolerances for disulfoton, ethion, and fenthion 
for which EPA is proposing specific expiration/revocation dates, the 
Agency is proposing that these revocations become effective 90 days 
following publication of a final rule in the Federal Register. EPA is 
proposing to delay the effectiveness of those revocations for 90 days 
following publication of a final rule to ensure that all affected 
parties receive notice of EPA's actions. With the exception of 
disulfoton, ethion, and fenthion, the Agency believes that existing 
stocks of pesticide products labeled for the uses associated with the 
tolerances proposed for revocation have been completely exhausted and 
that treated commodities have cleared the channels of trade. EPA is 
proposing an expiration/revocation date of December 9, 2003 for 13 
specific disulfoton tolerances, March 31, 2005 for 18 specific ethion 
tolerances, and April 1, 2003 for 7 specific fenthion tolerances. The 
Agency believes that those revocation dates allow users to exhaust 
stocks and allows sufficient time for passage of treated commodities 
through the channels of trade. However, if EPA is presented with 
information that existing stocks would still be available and that 
information is verified, the Agency will consider extending the 
expiration date of the tolerance. If you have comments regarding 
existing stocks and whether the effective date allows sufficient time 
for treated commodities to clear the channels of trade, please submit 
comments as described under SUPPLEMENTARY INFORMATION.
    Any commodities listed in this proposal treated with the pesticides 
subject to this proposal, and in the channels of trade following the 
tolerance revocations, shall be subject to FFDCA section 408(1)(5), as 
established by FQPA. Under this section, any residues of these 
pesticides in or on such food shall not render the food adulterated so 
long as it is shown to the satisfaction of the Food and Drug 
Administration 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.

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 April 
8, 2002, EPA has reassessed over 4,000 tolerances. This document 
proposes to revoke a total of 153 tolerances, four of which were 
previously counted as reassessed for cryolite during a registration 
decision action on December 5, 1997 (62 FR 64294) (FRL-5756-5), and 
three of which were previously counted as reassessed for ethalfluralin 
during a registration decision action on January 17, 2002 (67 FR 2333) 
(FRL-6818-6). Of the 153 tolerances, 146 tolerances would be counted 
toward reassessment. Also, EPA considers six goat and sheep tolerances 
at 0 ppm for amitraz to be reassessed. Therefore, a total of 152 
tolerance reassessments would be counted when the final rule is 
published toward the August 2002 review deadline of FFDCA section 
408(q), as amended by FQPA in 1996.

III. Are the Proposed Actions Consistent with International 
Obligations?

    The tolerance revocations in this proposal are not discriminatory 
and are designed to ensure that both domestically-produced and imported 
foods meet the food safety standards established by the FFDCA. The same 
food safety standards apply to domestically produced and imported 
foods.
    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. It is EPA's policy to 
harmonize U.S. tolerances with Codex MRLs to the extent possible, 
provided that the MRLs achieve the level of protection required under 
FFDCA. EPA's effort to harmonize with Codex MRLs is summarized in the 
tolerance reassessment section of individual RED documents. EPA has 
developed guidance concerning submissions for import tolerance support 
(65 FR 35069, June 1, 2000) (FRL-6559-3). 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 Register--
Environmental Documents.'' You can also go directly to the ``Federal 
Register'' listings at http://www.epa.gov/fedrgstr/.

IV. Regulatory Assessment Requirements

    In this proposed rule, EPA is proposing to revoke specific 
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). 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

[[Page 18158]]

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 the pesticides 
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 canceled 
pesticides. Furthermore, for the pesticides named in this proposed 
rule, the Agency knows of no extraordinary circumstances that exist as 
to the present proposed revocations that would change EPA's previous 
analysis. Any comments about the Agency's determination should be 
submitted to 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 FFDCA section 408(n)(4). 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: April 9, 2002.
Marcia E. Mulkey,
 Director, Office of Pesticide Programs.

    Therefore, it is proposed that 40 CFR part 180 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), 346(a) and 371.


Sec. 180.108  [Amended]

    2. Section 180.108 is amended by removing the entries for ``Grass 
(pasture & range)'' and ``Grass hay'' from the table in paragraph 
(a)(1).
    3. Section 180.132 is revised to read as follows:


Sec. 180.132   Thiram; tolerances for residues.

    (a) General. Tolerances for residues of the fungicide thiram 
(tetramethyl thiuram disulfide) in or on raw agricultural commodities 
are established as follows:

 
------------------------------------------------------------------------
                      Commodity                        Parts per million
------------------------------------------------------------------------
Apple................................................                7.0
Peach................................................                7.0
Strawberry...........................................                7.0
------------------------------------------------------------------------

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


Sec. 180.145  [Amended]

    4. Section 180.145 is amended by removing the entries for ``Beets, 
roots''; ``Radish, roots''; ``Rutabaga, roots''; and ``Turnip, roots'' 
from the table in paragraph (a)(1).


Sec. 180.169  [Amended]

    5. Section 180.169 is amended by removing the entries for ``Barley, 
grain''; ``Barley, green fodder''; ``Barley, straw''; ``Cotton, 
forage''; ``Oats, fodder, green''; ``Oats, grain''; ``Oats, straw''; 
``Rye, fodder, green''; ``Rye, grain''; and ``Rye, straw'' from the 
table in paragraph (a)(1).
    6. Section 180.173 is amended by revising the table in paragraph 
(a) to read as follows:


Sec. 180.173  Ethion; tolerances for residues.

    (a) General.  *  *  *

 
------------------------------------------------------------------------
                                                             Expiration/
                   Commodity                     Parts per    Revocation
                                                  million        Date
------------------------------------------------------------------------
Cattle, fat...................................          0.2      3/31/05
Cattle, meat (fat basis)......................          0.2      3/31/05
Cattle, meat byproducts.......................          0.2      3/31/05
Citrus, dried pulp............................         25.0      3/31/05
Fruit, citrus.................................          5.0      3/31/05
Goat, fat.....................................          0.2      3/31/05
Goat, meat....................................          0.2      3/31/05
Goat, meat byproducts.........................          0.2      3/31/05
Hog, fat......................................          0.2      3/31/05
Hog, meat.....................................          0.2      3/31/05
Hog, meat byproducts..........................          0.2      3/31/05
Horse, fat....................................          0.2      3/31/05
Horse, meat...................................          0.2      3/31/05
Horse, meat byproducts........................          0.2      3/31/05

[[Page 18159]]

 
Milk fat (reflecting (N) residues in milk)....          0.5      3/31/05
Sheep, fat....................................          0.2      3/31/05
Sheep, meat...................................          0.2      3/31/05
Sheep, meat byproducts........................          0.2      3/31/05
------------------------------------------------------------------------

* * * * *
    7. Section 180.183 is amended by revising paragraph (a) to read as 
follows:


Sec. 180.183  O,O-Diethyl S-[2-(ethylthio)ethyl] phosphorodithioate; 
tolerances for residues.

    (a) General. Tolerances are established for the combined residues 
of the insecticide O,O-diethyl S-[2-(ethylthio)ethyl] 
phosphorodithioate and its cholinesterase-inhibiting metabolites, 
calculated as demeton, in or on the following raw agricultural 
commodities:

 
------------------------------------------------------------------------
                                                             Expiration/
                   Commodity                     Parts per    Revocation
                                                  million        Date
------------------------------------------------------------------------
Barley, grain.................................         0.75         None
Barley, straw.................................          5.0         None
Bean, dry.....................................         0.75         None
Bean, lima....................................         0.75         None
Beans, snap...................................         0.75         None
Broccoli......................................         0.75         None
Brussels sprouts..............................         0.75         None
Cabbage.......................................         0.75         None
Cauliflower...................................         0.75         None
Coffee, bean..................................          0.3         None
Corn, field, forage...........................          5.0      12/9/03
Corn, field, stover...........................          5.0      12/9/03
Corn, grain...................................          0.3      12/9/03
Corn, pop.....................................          0.3      12/9/03
Corn, pop, forage.............................          5.0      12/9/03
Corn, pop, stover.............................          5.0      12/9/03
Corn, sweet, forage...........................          5.0      12/9/03
Corn, sweet, stover...........................          5.0      12/9/03
Corn, sweet, grain (K+CWHR)...................          0.3      12/9/03
Cotton, undelinted seed.......................         0.75         None
Hop, dried cones..............................          0.5         None
Lettuce.......................................         0.75         None
Oats, fodder, green...........................          5.0      12/9/03
Oat, grain....................................         0.75      12/9/03
Oat, straw....................................          5.0      12/9/03
Peanut........................................         0.75         None
Pea...........................................         0.75         None
Pea, field, vines.............................          5.0         None
Pecan.........................................         0.75      12/9/03
Pepper........................................          0.1         None
Potato........................................         0.75         None
Sorghum, grain, stover........................          5.0         None
Sorghum, forage, forage.......................          5.0         None
Sorghum, grain, grain.........................         0.75         None
Soybean.......................................          0.1         None
Soybean, forage...............................         0.25         None
Soybean, hay..................................         0.25         None
Spinach.......................................         0.75         None
Sugarcane.....................................          0.3         None
Tomato........................................         0.75         None
Wheat, hay....................................          5.0         None
Wheat, grain..................................          0.3         None
Wheat, straw..................................          5.0         None
------------------------------------------------------------------------

* * * * *


Sec. 180.206  [Amended]

    8. Section 180.206 is amended by removing the entries for ``Beans, 
vines''; ``Peanuts, hay''; ``Peanuts, vines''; and ``Sugar beet, dried 
pulp'' from the table in paragraph (a).
    9. Section 180.214 is amended by revising the table in paragraph 
(a) to read as follows:


Sec. 180.214  Fenthion; tolerances for residues.

    (a) General. *  *  *

 
------------------------------------------------------------------------
                                                             Expiration/
                   Commodity                     Parts per    Revocation
                                                  million        Date
------------------------------------------------------------------------
Cattle, fat...................................          0.1       4/1/03
Cattle, meat..................................          0.1       4/1/03
Cattle, meat byproducts.......................          0.1       4/1/03
Hog, fat......................................          0.1       4/1/03
Hog, meat.....................................          0.1       4/1/03
Hog, meat byproducts..........................          0.1       4/1/03
Milk..........................................         0.01       4/1/03
------------------------------------------------------------------------

* * * * *


Sec. 180.252  [Amended]

    10. Section 180.252 is amended by removing from the table in 
paragraph (a)(1) the entries for ``Alfalfa'' and ``Sheep, fat.''


Sec. 180.261  [Amended]

    11. Section 180.261 is amended by removing from the table in 
paragraph (a) the entries for ``Corn, fresh (inc. sweet K+CWHR)''; 
``Corn, fodder''; ``Corn, forage''; and ``Corn, grain.''
    12. Section 180.262 is amended by removing the text of paragraph 
(c) and reserving paragraph (c) with a heading to read as follows:


Sec. 180.262  Ethoprop; tolerances for residues.

* * * * *
    (c) Tolerances with regional registrations. [Reserved]
* * * * *


Sec. 180.263  [Amended]

    13. Section 180.263 is amended by removing the entry for ``Almond, 
hulls'' from the table.


Sec. 180.272  [Amended]

    14. Section 180.272 is amended by removing from the table in 
paragraph (a) the entry for ``Cottonseed, hulls.''
    15. Section 180.287 is amended as follows:
    a. By redesignating the existing text as paragraph (a) and adding a 
paragraph heading.
    b. By removing the entries from the table in newly designated 
paragraph (a) for ``Apples''; ``Beeswax''; ``Hops, dried''; ``Horses, 
fat''; ``Horses, mbyp''; and ``Horses meat.''
    c. By alphabetically adding entries for ``Honeycomb'' and ``Hop, 
dried cones'' to the table in newly designated paragraph (a).
    d. By adding and reserving with headings paragraphs (b), (c), and 
(d).


Sec. 180.287  Amitraz; tolerances for residues.

    (a) General.  *  *  *

 
------------------------------------------------------------------------
                      Commodity                        Parts per million
------------------------------------------------------------------------
                      *      *      *      *      *
Honeycomb............................................                6.0
Hop, dried cones.....................................               60.0
                      *      *      *      *      *
------------------------------------------------------------------------

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


Sec. 180.303  [Amended]

    16. Section 180.303 is amended by removing from the table in 
paragraph (a)(1) the entries for ``Peanut, forage''; ``Pineapples, 
forage''; and ``Soybean straw.''
    17. Section 180.315 is amended by revising the table in paragraph 
(a) to read as follows:


Sec. 180.315  Methamidophos; tolerances for residues.

    (a) General.  *  *  *

[[Page 18160]]



 
------------------------------------------------------------------------
                      Commodity                        Parts per million
------------------------------------------------------------------------
Cotton, undelinted seed..............................                0.1
Cucumber.............................................                1.0
Eggplant.............................................                1.0
Melon................................................                0.5
Pepper...............................................                1.0
Potato...............................................                0.1
Tomato...............................................                1.0
------------------------------------------------------------------------

* * * * *


Sec. 180.332  [Amended]

    18. Section 180.332 is amended by removing from the table in 
paragraph (a) the entry for ``Potato waste, processed (dried).''
    19. Section 180.342 is amended as follows:
    a. By removing the entries for ``Beans, lima, forage''; ``Beans, 
snap forage''; ``Mushrooms''; ``Seed and pod vegetables'' and ``Sorghum 
milling fractions'' from the table in paragraph (a)(1).
    b. By changing ``Beans, lima'' to ``Bean, lima'' ``Beans, snap'' to 
``Bean, snap, succulent''; ``Beets, sugar, molasses'' to ``Beet, sugar, 
molasses''; ``Onions (dry bulb)'' to ``Onion, dry bulb''; ``Peppers'' 
to ``Pepper,'' ``Sorghum, fodder'' to ``Sorghum, grain, stover,'' 
``Sorghum, grain'' to ``Sorghum, grain, grain''; ``Sunflower, seeds'' 
to ``Sunflower, seed'' in the table in paragraph (a)(1).
    c. By removing the entries for ``Bean, forage''; ``Caneberries''; 
``Pea forage''; and ``Sugarcane'' from the table in paragraph (a)(2).
    d. By changing ``Nectarines'' to ``Nectarine''; ``Peaches'' to 
``Peach''; ``Strawberries'' to ``Strawberry''; and ``Sweet potatoes'' 
to ``Sweet potato'' in the table in paragraph (a)(2).
    e. By revising paragraph (c)(1).


Sec. 180.342   Chlorpyrifos; tolerances for residues.

* * * * *
    (c)Tolerances with regional registrations. (1) Tolerances with 
regional registration, as defined in Sec. 180.1(n), are established for 
the combined residues of chlorpyrifos and its metabolite 3,5,6-
trichloro-2-pyridinol in or on the following food commodities:

 
------------------------------------------------------------------------
                      Commodity                        Parts per million
------------------------------------------------------------------------
Asparagus............................................                5.0
Grape................................................                0.5
Leek (of which no more than 0.2 ppm is chlorpyrifos).                0.5
------------------------------------------------------------------------

* * * * *


Sec. 180.404  [Amended]

    20. Section 180.404 is amended by removing the entries for 
``Cottonseed hulls''; ``Hogs, fat''; ``Hogs, mbyp''; and ``Hogs, meat'' 
from the table in paragraph (a).
    21. Section 180.409 is amended by revising the table in paragraph 
(a)(1); removing paragraph (a)(2); and redesignating paragraph (a)(3) 
as paragraph (a)(2) to read as follows:


Sec. 180.409   Pirimiphos-methyl; tolerances for residues.

    (a) General.  (1) *  *  *

 
------------------------------------------------------------------------
                      Commodity                        Parts per million
------------------------------------------------------------------------
Corn.................................................                8.0
Cattle, fat..........................................                0.2
Cattle, kidney and liver.............................                2.0
Cattle, meat byproducts..............................                0.2
Goat, fat............................................                0.2
Goat, kidney, and liver..............................                2.0
Goat, meat byproducts................................                0.2
Hog, fat.............................................                0.2
Hog, kidney and liver................................                2.0
Hog, meat byproducts.................................                0.2
Horse, fat...........................................                0.2
Horse, kidney and liver..............................                2.0
Horse, meat byproducts...............................                0.2
Kiwifruit............................................                5.0
Poultry, fat.........................................                0.2
Sheep, fat...........................................                0.2
Sheep, kidney and liver..............................                2.0
Sheep, meat byproducts...............................                0.2
Sorghum, grain, grain................................                8.0
------------------------------------------------------------------------

* * * * *


Sec. 180.416  [Amended]

    22. Section 180.416 is amended by removing the entries for ``Goats, 
fat''; ``Goats, meat''; and ``Goats, mbyp'' from the table in paragraph 
(a).
    23. Section 180.427 is amended by revising the table in paragraph 
(a); removing the text in paragraph (c); and reserving paragraph (c) 
with a heading to read as follows:


Sec. 180.427   Fluvalinate; tolerances for residues.

    (a) General. *  *  *

 
------------------------------------------------------------------------
                      Commodity                        Parts per million
------------------------------------------------------------------------
Honey................................................               0.05
------------------------------------------------------------------------

* * * * *
    (c) Tolerances with regional registration. [Reserved]
* * * * *


Sec. 180.434  [Amended]

    24. Section 180.434 is amended by revising the table in paragraph 
(a) as follows:
    a. By removing the entries for ``Apricots,'' ``Grass, seed 
screenings'' ``Nectarines,'' ``Peaches,'' ``Plums,'' and ``Prunes, 
fresh.''
    b. By changing ``Bananas'' to ``Banana''; ``Eggs'' to ``Egg''; 
``Goats, fat'' to ``Goat, fat;'' ``Grass, hay (straw)'' to ``Grass, 
hay''; ``Hogs, fat'' to ``Hog, fat''; ``Mushrooms'' to ``Mushroom''; 
``Oats, forage'' to ``Oat, forage''; and ``Oats, straw'' to ``Oat, 
straw.''
    c. By changing ``Stonefruit group'' to ``Fruit, stone, group 12'' 
and realphabetizing the entry.
[FR Doc. 02-9070 Filed 4-12-02; 8:45 am]
BILLING CODE 6560-50-S