98-31681. Primisulfuron-Methyl; Extension of Tolerance for Emergency Exemptions  

  • [Federal Register Volume 63, Number 231 (Wednesday, December 2, 1998)]
    [Rules and Regulations]
    [Pages 66456-66458]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 98-31681]
    
    
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    ENVIRONMENTAL PROTECTION AGENCY
    
    40 CFR Part 180
    
    [OPP-300755; FRL-6041-3]
    RIN 2070-AB78
    
    
    Primisulfuron-Methyl; Extension of Tolerance for Emergency 
    Exemptions
    
    AGENCY: Environmental Protection Agency (EPA).
    
    ACTION: Final rule.
    
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    SUMMARY: This rule extends a time-limited tolerance for residues of the 
    herbicide primisulfuron-methyl and its metabolites in or on bluegrass 
    hay at 0.1 part per million (ppm) for an additional 18-month period, to 
    April 30, 2000. This action is in response to EPA's granting of an 
    emergency exemption under section 18 of the Federal Insecticide, 
    Fungicide, and Rodenticide Act (FIFRA) authorizing use of the pesticide 
    on bluegrass grown for seed. Section 408(l)(6) of the Federal Food, 
    Drug, and Cosmetic Act (FFDCA) requires EPA to establish a time-limited 
    tolerance or exemption from the requirement for a tolerance for 
    pesticide chemical residues in food that will result from the use of a 
    pesticide under an emergency exemption granted by EPA under section 18 
    of FIFRA.
    
    DATES: This regulation is effective December 2, 1998. Objections and 
    requests for hearings must be received by EPA, on or before February 1, 
    1999.
    
    ADDRESSES: Written objections and hearing requests, identified by the 
    docket control number [OPP-300755], must be submitted to: Hearing Clerk 
    (1900), Environmental Protection Agency, Rm. M3708, 401 M St., SW., 
    Washington, DC 20460. Fees accompanying objections and hearing requests 
    shall be labeled ``Tolerance Petition Fees'' and forwarded to: EPA 
    Headquarters Accounting Operations Branch, OPP (Tolerance Fees) and 
    forwarded to: EPA Headquarters Accounting Operations Branch, OPP 
    (Tolerance Fees), P.O. Box 360277M, Pittsburgh, PA 15251. A copy of any 
    objections and hearing requests filed with the Hearing Clerk identified 
    by the docket control number, [OPP-300755], must also be submitted to: 
    Public Information and Records Integrity Branch, Information Resources 
    and Services Division (7502C), Office of Pesticide Programs, 
    Environmental Protection Agency, 401 M St., SW., Washington, DC 20460. 
    In person, bring a copy of objections and hearing requests to Rm. 119, 
    Crystal Mall 2 (CM #2), 1921 Jefferson Davis Hwy., Arlington, VA.
        A copy of objections and hearing requests filed with the Hearing 
    Clerk may be submitted electronically by sending electronic mail (e-
    mail) to: opp-docket@epa.gov. Copies of electronic objections and 
    hearing requests must be submitted as an ASCII file avoiding the use of 
    special characters and any form of encryption. Copies of electronic 
    objections and hearing requests will also be accepted on disks in 
    WordPerfect 5.1/6.1 file format or ASCII file format. All copies of 
    electronic objections and hearing requests must be identified by the 
    docket number [OPP-300755]. No Confidential Business Information (CBI) 
    should be submitted through e-mail. Copies of electronic objections and 
    hearing requests on this rule may be filed online at many Federal 
    Depository Libraries.
    
    FOR FURTHER INFORMATION CONTACT: By mail: Andrea Beard, Registration 
    Division (7505C), Office of Pesticide Programs, Environmental 
    Protection Agency, 401 M St., SW., Washington, DC 20460. Office 
    location, telephone number, and e-mail address: Rm. 267, CM #2, 1921 
    Jefferson Davis Hwy., Arlington, VA 22202, (703) 308-9356; e-mail: 
    beard.andrea@epa.gov.
    
    SUPPLEMENTARY INFORMATION: EPA issued a final rule, published in the 
    Federal Register of December 17, 1997 (62 FR 66014) (FRL-5753-6), which 
    announced that on its own initiative and under section 408(e) of the 
    FFDCA, 21 U.S.C. 346a(e) and (l)(6), it established a time-limited 
    tolerance for the residues of primisulfuron-methyl and its metabolites 
    in or on bluegrass hay at 0.1 ppm, with an expiration date of October 
    31, 1998. EPA established the tolerance because section 408(l)(6) of 
    the FFDCA requires EPA to establish a time-limited tolerance or 
    exemption from the requirement for a tolerance for pesticide chemical 
    residues in food or feed that will result from the use of a pesticide 
    under an emergency exemption granted by EPA under section 18 of FIFRA. 
    Such tolerances can be established without providing notice or a period 
    for public comment.
        EPA received a request to extend the use of primisulfuron-methyl on 
    bluegrass grown for seed for this year's growing season due to the 
    situation remaining an emergency. Several factors, including increased 
    no-till practices for soil conservation, reduced open burning, and 
    climatic conditions, have contributed to the proliferation of grassy 
    weeds to unacceptable levels in Kentucky bluegrass fields in Idaho and 
    Washington. Presence of these grassy weed seeds in the end product 
    makes the grass seed unmarketable in many areas, and without control of 
    these weeds, growers were expected to suffer significant economic 
    losses. After having reviewed the submission, EPA concurs that 
    emergency conditions exist for these states. EPA has authorized under 
    FIFRA section 18 the use of primisulfuron-methyl on bluegrass grown for 
    seed for control of grassy weeds in bluegrass grown for seed.
        EPA assessed the potential risks presented by residues of 
    primisulfuron-methyl in or on bluegrass hay. In doing so, EPA 
    considered the new safety standard in FFDCA section 408(b)(2), and 
    decided that the necessary tolerance under FFDCA section 408(l)(6) 
    would be
    
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    consistent with the new safety standard and with FIFRA section 18. The 
    data and other relevant material have been evaluated and discussed in 
    the final rule of December 17, 1997. Based on that data and information 
    considered, the Agency reaffirms that extension of the time-limited 
    tolerance will continue to meet the requirements of section FFDCA 
    408(l)(6). Therefore, the time-limited tolerance is extended for an 
    additional 18-month period. Although this tolerance will expire and is 
    revoked on April 30, 2000, under FFDCA section 408(l)(5), residues of 
    the pesticide not in excess of the amounts specified in the tolerance 
    remaining in or on bluegrass hay after that date will not be unlawful, 
    provided the pesticide is applied in a manner that was lawful under 
    FIFRA and the application occurred prior to the revocation of the 
    tolerance. EPA will take action to revoke this tolerance earlier if any 
    experience with, scientific data on, or other relevant information on 
    this pesticide indicate that the residues are not safe.
    
    I. Objections and Hearing Requests
    
         The new FFDCA section 408(g) provides essentially the same process 
    for persons to ``object'' to a tolerance regulation issued by EPA under 
    new section 408(e) and (l)(6) as was provided in the old section 408 
    and in section 409. However, the period for filing objections is 60 
    days, rather than 30 days. EPA currently has procedural regulations 
    which govern the submission of objections and hearing requests. These 
    regulations will require some modification to reflect the new law. 
    However, until those modifications can be made, EPA will continue to 
    use those procedural regulations with appropriate adjustments to 
    reflect the new law.
        Any person may, by February 1, 1999, file written objections to any 
    aspect of this regulation and may also request a hearing on those 
    objections. Objections and hearing requests must be filed with the 
    Hearing Clerk, at the address given above (40 CFR 178.20). A copy of 
    the objections and/or hearing requests filed with the Hearing Clerk 
    should be submitted to the OPP Docket for this rule. The objections 
    submitted must specify the provisions of the regulation deemed 
    objectionable and the grounds for the objections (40 CFR 178.25). Each 
    objection must be accompanied by the fee prescribed by 40 CFR 
    180.33(i). If a hearing is requested, the objections must include a 
    statement of the factual issues on which a hearing is requested, the 
    requestor's contentions on such issues, and a summary of any evidence 
    relied upon by the requestor (40 CFR 178.27). A request for a hearing 
    will be granted if the Administrator determines that the material 
    submitted shows the following: There is genuine and substantial issue 
    of fact; there is a reasonable possibility that available evidence 
    identified by the requestor would, if established, resolve one or more 
    of such issues in favor of the requestor, taking into account 
    uncontested claims or facts to the contrary; and resolution of the 
    factual issues in the manner sought by the requestor would be adequate 
    to justify the action requested (40 CFR 178.32). Information submitted 
    in connection with an objection or hearing request may be claimed 
    confidential by marking any part or all of that information as CBI. 
    Information so marked will not be disclosed except in accordance with 
    procedures set forth in 40 CFR part 2. A copy of the information that 
    does not contain CBI must be submitted for inclusion in the public 
    record. Information not marked confidential may be disclosed publicly 
    by EPA without prior notice.
    
    VII. Public Record and Electronic Submissions
    
        EPA has established a record for this regulation under docket 
    control number [OPP-300755] (including any comments and data submitted 
    electronically). A public version of this record, including printed, 
    paper versions of electronic comments, which does not include any 
    information claimed as CBI, is available for inspection from 8:30 a.m. 
    to 4 p.m., Monday through Friday, excluding legal holidays. The public 
    record is located in Rm. 119 of the Public Information and Records 
    Integrity Branch, Information Resources and Services Division (7502C), 
    Office of Pesticide Programs, Environmental Protection Agency, CM #2, 
    1921 Jefferson Davis Hwy., Arlington, VA.
        Objections and hearing requests may be sent by e-mail directly to 
    EPA at:
        opp-docket@epa.gov.
    
    
        E-mailed objections and hearing requests must be submitted as an 
    ASCII file avoiding the use of special characters and any form of 
    encryption.
        The official record for this regulation, as well as the public 
    version, as described in this unit will be kept in paper form. 
    Accordingly, EPA will transfer any copies of objections and hearing 
    requests received electronically into printed, paper form as they are 
    received and will place the paper copies in the official record which 
    will also include all comments submitted directly in writing. The 
    official record is the paper record maintained at the Virginia address 
    in ``ADDRESSES'' at the beginning of this document.
    
    III. Regulatory Assessment Requirements
    
    A. Certain Acts and Executive Orders
    
        This final rule extends a time-limited tolerance that was 
    previously established by EPA under FFDCA section 408(d) in response to 
    a petition submitted to the Agency. The Office of Management and Budget 
    (OMB) has exempted these types of actions from review under Executive 
    Order 12866, entitled Regulatory Planning and Review (58 FR 51735, 
    October 4, 1993). In addition, this final rule does not contain any 
    information collections subject to OMB approval under the Paperwork 
    Reduction Act (PRA), 44 U.S.C. 3501 et seq., or impose any enforceable 
    duty or contain any unfunded mandate as described under Title II of the 
    Unfunded Mandates Reform Act of 1995 (UMRA) (Pub. L. 104-4). Nor does 
    it require any prior consultation as specified by Executive Order 
    12875, entitled Enhancing the Intergovernmental Partnership (58 FR 
    58093, October 28, 1993), or special considerations as required by 
    Executive Order 12898, entitled Federal Actions to Address 
    Environmental Justice in Minority Populations and Low-Income 
    Populations (59 FR 7629, February 16, 1994), or require OMB review in 
    accordance with Executive Order 13045, entitled Protection of Children 
    from Environmental Health Risks and Safety Risks (62 FR 19885, April 
    23, 1997).
        In addition, since this extension of an existing time-limited 
    tolerance that was established on the basis of a petition under FFDCA 
    section 408(d), such as the exemption in this final rule, do not 
    require the issuance of a proposed rule, the requirements of the 
    Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.) do not apply. 
    Nevertheless, the Agency has previously assessed whether establishing 
    tolerances, exemptions from tolerances, raising tolerance levels, or 
    expanding exemptions might adversely impact small entities and 
    concluded, as a generic matter, that there is no adverse economic 
    impact. The factual basis for the Agency's generic certification for 
    tolerance actions published on May 4, 1981 (46 FR 24950), and was 
    provided to the Chief Counsel for Advocacy of the Small Business 
    Administration.
    
    B. Executive Order 12875
    
        Under Executive Order 12875, entitled Enhancing the 
    Intergovernmental Partnership (58 FR 58093, October 28, 1993), EPA may 
    not
    
    [[Page 66458]]
    
    issue a regulation that is not required by statute and that creates a 
    mandate upon a State, local, or tribal government, unless the Federal 
    government provides the funds necessary to pay the direct compliance 
    costs incurred by those governments. If the mandate is unfunded, EPA 
    must provide to OMB a description of the extent of EPA's prior 
    consultation with representatives of affected State, local, and tribal 
    governments, the nature of their concerns, copies of any written 
    communications from the governments, and a statement supporting the 
    need to issue the regulation. In addition, Executive Order 12875 
    requires EPA to develop an effective process permitting elected 
    officials and other representatives of State, local, and tribal 
    governments ``to provide meaningful and timely input in the development 
    of regulatory proposals containing significant unfunded mandates.''
        Today's rule does not create an unfunded Federal mandate on State, 
    local, or tribal governments. The rule does not impose any enforceable 
    duties on these entities. Accordingly, the requirements of section 1(a) 
    of Executive Order 12875 do not apply to this rule.
    
    C. Executive Order 13084
    
        Under Executive Order 13084, entitled Consultation and Coordination 
    with Indian Tribal Governments (63 FR 27655, May 19, 1998), EPA may not 
    issue a regulation that is not required by statute, that significantly 
    or uniquely affects the communities of Indian tribal governments, and 
    that imposes substantial direct compliance costs on those communities, 
    unless the Federal government provides the funds necessary to pay the 
    direct compliance costs incurred by the tribal governments. If the 
    mandate is unfunded, EPA must provide to OMB, in a separately 
    identified section of the preamble to the rule, a description of the 
    extent of EPA's prior consultation with representatives of affected 
    tribal governments, a summary of the nature of their concerns, and a 
    statement supporting the need to issue the regulation. In addition, 
    Executive Order 13084 requires EPA to develop an effective process 
    permitting elected officials and other representatives of Indian tribal 
    governments ``to provide meaningful and timely input in the development 
    of regulatory policies on matters that significantly or uniquely affect 
    their communities.''
        Today's rule does not significantly or uniquely affect the 
    communities of Indian tribal governments. This action does not involve 
    or impose any requirements that affect Indian tribes. Accordingly, the 
    requirements of section 3(b) of Executive Order 13084 do not apply to 
    this rule.
    
    IV. Submission to Congress and the Comptroller General
    
        The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
    Small Business Regulatory Enforcement Fairness Act of 1996, generally 
    provides that before a rule may take effect, the Agency promulgating 
    the rule must submit a rule report, which includes a copy of the rule, 
    to each House of the Congress and to the Comptroller General of the 
    United States. EPA will submit a report containing this rule and other 
    required information to the U.S. Senate, the U.S. House of 
    Representatives, and the Comptroller General of the United States prior 
    to publication of this rule in the Federal Register. This rule is not a 
    ``major rule'' as defined by 5 U.S.C. 804(2).
    
    List of Subjects in 40 CFR Part 180
    
        Environmental protection, Administrative practice and procedure, 
    Agricultural commodities, Pesticides and pests, Reporting and 
    recordkeeping requirements.
    
        Dated: October 30, 1998.
    
    James Jones,
    Director, Registration Division, Office of Pesticide Programs.
    
        Therefore, 40 CFR chapter I is amended as follows:
    
    PART 180 -- [AMENDED]
    
        1. The authority citation for part 180 continues to read as 
    follows:
        Authority:  21 U.S.C. 346a and 371.
    
    Sec. 180.452  [Amended]
    
        2. In Sec. 180.452, paragraph (b), in the table, amend the entry 
    ``Bluegrass hay'' by removing the expiration date ``10/31/98'' and 
    adding in its place ``4/30/00''.
    
    [FR Doc. 98-31681 Filed 12-1-98; 8:45 am]
    BILLING CODE 6560-50-F
    
    
    

Document Information

Effective Date:
12/2/1998
Published:
12/02/1998
Department:
Environmental Protection Agency
Entry Type:
Rule
Action:
Final rule.
Document Number:
98-31681
Dates:
This regulation is effective December 2, 1998. Objections and requests for hearings must be received by EPA, on or before February 1, 1999.
Pages:
66456-66458 (3 pages)
Docket Numbers:
OPP-300755, FRL-6041-3
RINs:
2070-AB78
PDF File:
98-31681.pdf
CFR: (1)
40 CFR 180.452