Pesticides; Removal of Expired Time-limited Tolerances for Emergency Exemptions, 7044-7047 [05-2614]
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Federal Register / Vol. 70, No. 27 / Thursday, February 10, 2005 / Rules and Regulations
EPA APPROVED REGULATIONS IN THE TEXAS SIP—Continued
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Subchapter G: Consumer-Related Sources
Division 1: Automotive Windshield Washer Fluid
Section
Section
Section
Section
Section
Section
115.600
115.610
115.612
115.613
115.615
115.616
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Section 115.617 ..........................
Section 115.619 ..........................
Consumer Products Definitions ..
Applicability .................................
Control Requirements .................
Alternate Control Requirements ..
Testing Requirements .................
Recordkeeping and Reporting
Requirements.
Exemptions ..................................
Counties
and
Compliance
Schedules.
01/28/04
01/28/04
01/28/04
01/28/04
01/28/04
01/28/04
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02/10/05
02/10/05
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date
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01/28/04
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02/10/05 [Insert date of FR publication].
Division 2: Portable Fuel Containers
Section 115.620 ..........................
Section 115.621 ..........................
Section 115.622 ..........................
Section 115.626 ..........................
Section 115.627 ..........................
Section 115.629 ..........................
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Definitions ....................................
Applicability .................................
Performance
Standards
and
Testing Requirements.
Labeling .......................................
Exemptions ..................................
Affected Counties and Compliance Schedules.
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10/27/04
10/27/04
10/27/04
02/10/05 [Insert date of FR publication].
02/10/05 [Insert date of FR publication].
02/10/05 [Insert date of FR publication].
10/27/04
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BILLING CODE 6560–50–P
This regulation is effective
February 10, 2005. Objections and
requests for hearings must be received
on or before April 11, 2005.
ENVIRONMENTAL PROTECTION
AGENCY
ADDRESSES:
DATES:
[FR Doc. 05–2616 Filed 2–9–05; 8:45 am]
40 CFR Part 180
[OPP–2005–0025; FRL–7690–6]
Pesticides; Removal of Expired Timelimited Tolerances for Emergency
Exemptions
Environmental Protection
Agency (EPA).
AGENCY:
ACTION:
Final rule.
SUMMARY: EPA is amending 40 CFR part
180 to remove time-limited tolerances
for several pesticides that were
originally established to support
emergency exemptions issued under
section 18 of the Federal Insecticide,
Fungicide, and Rodenticide Act
(FIFRA). These time-limited tolerances
are being removed from 40 CFR part 180
because they have since expired. The
expired time-limited tolerances are
obsolete and therefore unnecessary and
are being removed with this final rule to
ensure that the regulatory listings of
tolerances is properly updated.
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EPA has established a
docket for this action under Docket ID
number OPP–2005–0025. All
documents in the docket are listed in
the EDOCKET index at https://
www.epa.gov/edocket. Although listed
in the index, some information is not
publicly available, i.e., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either
electronically in EDOCKET or in hard
copy at the Public Information and
Records Integrity Branch (PIRIB), Rm.
119, Crystal Mall #2, 1801 S. Bell St.,
Arlington, VA. This docket facility is
open from 8:30 a.m. to 4 p.m., Monday
through Friday, excluding legal
holidays. The docket telephone number
is (703) 305–5805.
Dan
Rosenblatt, Registration Division
(7505C), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave., NW.,Washington,
FOR FURTHER INFORMATION CONTACT:
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DC 20460; telephone number: (703)
308–9366; and e-mail address:
rosenblatt.dan@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this Action Apply to Me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. Potentially
affected entities may include, but are
not limited to:
• Crop production (NAICS 111)
• Animal production (NAICS 112)
• Food manufacturing (NAICS 311)
• Pesticide manufacturing (NAICS
32532)
This listing is not intended to be
exhaustive, but rather provides a guide
for readers regarding entities likely to be
affected by this action. Other types of
entities not listed in this unit could also
be affected. The North American
Industrial Classification System
(NAICS) codes have been provided to
assist you and others in determining
whether this action might apply to
certain entities. If you have any
questions regarding the applicability of
this action to a particular entity, consult
the person listed under FOR FURTHER
INFORMATION CONTACT.
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Federal Register / Vol. 70, No. 27 / Thursday, February 10, 2005 / Rules and Regulations
B. How Can I Access Electronic Copies
of this Document and Other Related
Information?
In addition to using EDOCKET (http:/
/www.epa.gov/edocket/), you may
access this Federal Register document
electronically through the EPA Internet
under the ‘‘Federal Register’’ listings at
https://www.epa.gov/fedrgstr/. A
frequently updated electronic version of
40 CFR part 180 is available at E-CFR
Beta Site Two at https://
www.gpoaccess.gov/ecfr/.
C. How Can I Submit an Objection or
Request a Hearing Under FFDCA?
Although section 408(g) of the Federal
Food, Drug, and Cosmetic Act (FFDCA),
as amended by the Food Quality
Protection Act (FQPA), allows any
person to file an objection or request a
hearing when the Agency issues a final
tolerance action under section 408, EPA
does not expect that anyone will file an
objection or request a hearing for this
particular rule because the tolerances
being revoked here are obsolete. If, for
some reason, anyone wishes to file an
objection or request for a hearing under
section 408(g), please follow the EPA
procedural regulations which govern the
submission of objections and requests
for hearings that appear in 40 CFR part
178. Note that the period for filing
objections is now 60 days, rather than
30 days.
II. Authority
A. What is EPA’s Authority for Revoking
these Tolerances?
This final rule is issued pursuant to
section 408(e) of FFDCA, as amended by
the FQPA (21 U.S.C. 346a(e)). Section
408 of FFDCA authorizes the
establishment of tolerances, exemptions
from the requirement of a tolerance,
modifications in tolerances, and
revocation of tolerances for residues of
pesticide chemicals in or on raw
agricultural commodities and processed
foods. Without a tolerance or tolerance
exemption, food containing pesticide
residues is considered to be unsafe and
therefore ‘‘adulterated’’ under section
402(a) of the FFDCA. If food containing
pesticide residues is found to be
adulterated, the food may not be
distributed in interstate commerce (21
U.S.C. 331(a) and 342(a)).
B. Why is EPA Issuing this as a Final
Rule?
Section 553 of the Administrative
Procedure Act, 5 U.S.C. 553(b)(B),
provides that, when an agency for good
cause finds that notice and public
procedure are impracticable,
unnecessary or contrary to the public
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interest, the agency may issue a rule
without providing notice and an
opportunity for public comment. EPA
has determined that there is good cause
for making today’s rule final without
prior proposal and opportunity for
comment because the actions taken in
this final rule represent technical
corrections to the regulations and do not
involve substantive Agency action.
The removal of an expired timelimited tolerance from 40 CFR part 180
represents a simple correction of the
regulations, and does not involve any
substantive Agency action. The
expiration date for the time-limited
tolerance is set when the Agency issues
the final rule that originally establishes,
or a subsequent final rule that amends,
the specific time-limited tolerance.
Once that time-limited tolerance
expires, the associated listing in 40 CFR
part 180 is obsolete and must be
removed to reflect that expiration.
For these reasons, notice and public
procedure are unnecessary. EPA finds
that this constitutes good cause under 5
U.S.C. 553(b)(B).
III. Overview of Today’s Action
A. What Action is EPA Taking?
For each pesticide chemical and
commodity combination listed below,
EPA previously established a timelimited tolerance, under section 408 of
the Federal Food, Drug, and Cosmetic
Act (FFDCA), 21 U.S.C. 346a, as
amended by the Food Quality Protection
Act of 1996 (FQPA) (Public Law 104–
170). EPA established the tolerances
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 that will
result from the use of a pesticide under
an emergency exemption granted by
EPA under section 18 of FIFRA. These
time-limited tolerances are being
removed from 40 CFR part 180 today
because they have since expired making
these time-limited tolerances obsolete.
B. Which Time-Limited Tolerances are
Obsolete?
The time-limited tolerances for the
following pesticide chemicals on
specific commodities are being removed
from 40 CFR part 180 because the timelimited tolerances have expired for the
pesticide and commodity covered by the
time-limited tolerance. Therefore, the
time-limited tolerance is obsolete and
no longer necessary:
1. Aluminum tris. The time-limited
tolerance for succulent pea is being
removed from § 180.415 because it
expired on September 31, 2000.
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2. Azoxystrobin. Time-limited
tolerances for chickpea seed, lychee and
pepper are being removed from
§ 180.507 because they expired on
December 31, 2003.
3. Bifenthrin. Time-limited tolerances
for peanut and potato are being removed
from § 180.442 because they expired on
or before December 31, 2003.
4. Bromoxynil. Time-limited
tolerances for timothy hay and forage
are being removed from § 180.324
because they expired on June 30, 2003.
5. Clethodim. The time-limited
tolerances for tall fescue hay and forage
are being removed from § 180.458
because they expired on June 30, 2004.
6. Cymoxanil. The time-limited
tolerance for dried cone hop is being
removed from § 180.503 because it
expired on December 31, 2003.
7. Cyprodinil. The time-limited
tolerance for caneberries is being
removed from § 180.532 because it
expired on December 31, 2003.
8. Cyfluthrin. Time-limited tolerances
for grape and raisin are being removed
from § 180.436 because they expired on
June 30, 2003.
9. Dimethomorph. Time-limited
tolerances for cantaloupe, cucumber,
squash, and watermelon are being
removed from § 180.493 because they
expired on December 31, 2003.
10. Fluroxypyr 1-methylheptyl ester.
Time-limited tolerances for cattle
kidney, goat kidney, grass forage and
hay, hog kidney, horse kidney, milk and
sheep kidney are being removed from
§ 180.535 because they expired on
December 31, 2004.
11. Imidacloprid. Time-limited
tolerances for garden beet roots and
tops, blueberry, cranberry, prune, and
legume vegetable are being removed
from § 180.472 because they expired on
or before June 30, 2004.
12. Metolachlor. Time-limited
tolerances for grass forage and hay,
spinach, tomato, tomato paste and
tomato puree are being removed from
§ 180.368 because they expired on or
before December 31, 2004.
13. Methoxyfenozide. Time-limited
tolerances for field corn forage, grain
and stover and corn oil are being
removed from § 180.544 because they
expired on December 31, 2003.
14. Norflurazon. Time-limited
tolerances for Bermuda grass hay and
forage are being removed from § 180.356
because they expired on November 30,
2002.
15. Propamocarb. Time-limited
tolerances for tomato and tomato paste
are being removed from § 180.499
because they expired on December 31,
2003.
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Federal Register / Vol. 70, No. 27 / Thursday, February 10, 2005 / Rules and Regulations
17. Pymetrozine. The time-limited
tolerance for pecan is being removed
from § 180.556 because it expired on
December 31, 2002.
18. Pyriproxyfen. The time-limited
tolerance for stone fruit (group 12) is
being removed from § 180.510 because it
expired on December 31, 2002.
19. Spinosad. The time-limited
tolerance for cranberry is being removed
from § 180.495 because it expired on
June 30, 2003.
20. Sulfentrazone. The time-limited
tolerance for chickpea seed is being
removed from § 180.498 because it
expired on December 31, 2004.
21. Tebuconazole. The time-limited
tolerance for hops is being removed
from § 180.474 because it expired on
December 31, 2003.
22. Tebufenozide. Time-limited
tolerances for egg, grass forage and hay,
longan, lychee, peanut, peanut hay,
peanut meal, peanut oil, poultry fat,
poultry meat, poultry meat byproducts,
sunflower seed, foliage of legume
vegetable (group 7) and legume
vegetable (group 6) are being from
§ 180.482 removed because they expired
on or before December 31, 2003.
23. Triflumizole. The time-limited
tolerance for filbert is being removed
from § 180.476 because it expired on
June 30, 2004.
24. Zinc phosphide. The time-limited
tolerance for wheat aspirated grain
fractions is being removed from
§ 180.284 because it expired on
December 31, 2003.
IV. Regulatory Assessment
Requirements
This final rule removes obsolete timelimited tolerances that were previously
established under FFDCA section 408 of
the FFDCA. The Office of Management
and Budget (OMB) has exempted
tolerance actions like this revocation
from review under Executive Order
12866, entitled Regulatory Planning and
Review (58 FR 51735, October 4, 1993).
Because this rule has been exempted
from review under Executive Order
12866, this rule is not subject to
Executive Order 13045, entitled
Protection of Children from
Environmental Health Risks and Safety
Risks (62 FR 19885, April 23, 1997), or
Executive Order 13211, entitled Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use (66 FR 28355, May
22, 2001). Because the agency has made
a ‘‘good cause’’ finding that this action
is not subject to notice-and-comment
requirements under the Administrative
Procedure Act or any other statute (see
discussion in Unit II.B. of this
preamble), it is not subject to the
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regulatory flexibility provisions of the
Regulatory Flexibility Act (RFA)(5
U.S.C. 601 et seq.), or to sections 202
and 205 of the Unfunded Mandates
Reform Act of 1995 (UMRA)(Public Law
104–4). In addition, this action does not
significantly or uniquely affect small
governments or impose a significant
intergovernmental mandate, as
described in sections 203 and 204 of
UMRA. 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). This action
will not have substantial direct effects
on State or tribal governments, on the
relationship between the Federal
government and States or Indian tribes,
or on the distribution of power and
responsibilities between the Federal
government and States or Indian tribes.
As a result, this action does not require
any action under Executive Order
13132, entitled Federalism (64 FR
43255, August 10, 1999), or under
Executive Order 13175, entitled
Consultation and Coordination with
Indian Tribal Governments (65 FR
67249, November 6, 2000). Nor does it
require special considerations under
Executive Order 12898, entitled Federal
Actions to Address Environmental
Justice in Minority Populations and
Low-Income Populations (59 FR 7629,
February 16, 1994); or Executive Order
12630, entitled Governmental Actions
and Interference with Constitutionally
Protected Property Rights (53 FR 8859,
March 15, 1988). This action does not
involve any technical standards that
would require Agency consideration of
voluntary consensus standards pursuant
to section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 104–
113, section 12(d) (15 U.S.C. 272 note).
This rule does not impose an
information collection burden under the
provisions of the Paperwork Reduction
Act (PRA)(44 U.S.C. 3501 et seq.). In
issuing this rule, EPA has taken the
necessary steps to eliminate drafting
errors and ambiguity, minimize
potential litigation, and provide a clear
legal standard for affected conduct, as
required by section 3 of Executive Order
12988 (61 FR 4729, February 7, 1996).
V. Submission to Congress and the
Comptroller General
The Congressional Review Act, 5
U.S.C. 801 et seq., 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. Section 808 allows
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the issuing agency to make a rule
effective sooner than otherwise
provided by the CRA if the agency
makes a good cause finding that notice
and public procedure is impracticable,
unnecessary or contrary to the public
interest. This determination must be
supported by a brief statement. 5 U.S.C.
808(2). As stated in Unit II.B., EPA has
made such a good cause finding for this
rule, including the reasons therefor, and
established an effective date of February
10, 2005. EPA will submit a report
containing this rule and other required
information to the U.S. Senate, the U.S.
House of Representatives, and the
Comptroller General of the United
States prior to publication of this final
rule in the Federal Register. This final
rule is not a ‘‘major rule’’ as defined by
5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 180
Environmental protection,
Administrative practice and procedure,
Agricultural commodities, Pesticides
and pests, Reporting and recordkeeping
requirements.
Dated: January 30, 2005.
Lois Rossi,
Director, Registration Division, Office of
Pesticide Programs.
Therefore, 40 CFR chapter I is
amended as follows:
I
PART 180—[AMENDED]
1. The authority citation for part 180
continues to read as follows:
I
Authority: 21 U.S.C. 321(q), 346(a) and
371.
§ 180.284
[Amended]
2. In § 180.284 in the table in
paragraph (b), remove the entry for
wheat, aspirated grain fractions.
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3. In § 180.324, paragraph (b) is
removed and reserved as follows:
I
§ 180.324 Bromoxynil; tolerances for
residues.
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(b) Section 18 emergency exemptions.
[Reserved]
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4. In § 180.356, paragraph (b) is
removed and reserved as follows:
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§ 180.356 Norflurazon; tolerances for
residues.
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(b) Section 18 emergency exemptions.
[Reserved]
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5. In § 180.368, paragraph (b) is
removed and reserved as follows:
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§ 180.368 Metholachlor; tolerances for
residues.
§ 180.482 Tebufenozide; tolerances for
residues.
§ 180.532 Cyprodinil; tolerances for
residues.
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(b) Section 18 emergency exemptions.
[Reserved]
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I 6. In § 180.415, paragraph (b) is
removed and reserved as follows:
§ 180.415 Aluminum tris (Oethylphosphate); tolerances for residues.
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(b) Section 18 emergency exemptions.
[Reserved]
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I 7. In § 180.436, paragraph (b) is
removed and reserved as follows:
§ 180.436
residues
Cyfluthrin; tolerances for
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(b) Section 18 emergency exemptions.
[Reserved]
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§ 180.442
[Amended]
8. In § 180.442 in the table in
paragraph (b), remove the entries for
peanut and potato.
I 9. In § 180.458, paragraph (b) is
removed and reserved as follows:
I
*
§ 180.474
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*
Expiration/
revocation
date
12/31/05
12/31/05
12/31/06
*
[Amended]
11. In § 180.474, in the table in
paragraph (b), remove the entry for hop.
I 12. In § 180.476, paragraph (b) is
removed and reserved as follows:
I
§ 180.476 Triflumizole; tolerances for
residues.
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(b) Section 18 emergency exemptions.
[Reserved]
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I 13. In § 180.482, the table in paragraph
(b) is revised to read as follows:
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§ 180.535
[Amended]
12/31/05
9.0
3.0
12/31/05
12/31/05
22. In § 180.535, in the table in
paragraph (b), remove the entries, cattle,
kidney; goat, kidney; grass, forage; grass,
hay; hog, kidney; horse, kidney; milk and
sheep, kidney.
0.25
12/31/05
§ 180.544
I
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[Amended]
23. In § 180.544, in the table in
paragraph (b), remove the entries, corn,
field, forage; corn, field, grain; corn,
field, stover; and corn, oil.
I 24. In § 180.556, paragraph (b) is
removed and reserved as follows:
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14. In § 180.493, paragraph (b) is
removed and reserved as follows:
I
§ 180.493 Dimethomorph; tolerances for
residues.
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(b) Section 18 emergency exemptions.
[Reserved]
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[Amended]
§ 180.556 Pymetrizone; tolerances for
residues.
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(b) Section 18 emergency exemptions.
[Reserved]
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[FR Doc. 05–2614 Filed 2–9–05; 8:45 a.m.]
BILLING CODE 6560–50–S
[Amended]
16. In § 180.498, in the table in
paragraph (b), remove the entry for
chickpea, seed.
I
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
17. In § 180.499, paragraph (b) is
removed and reserved as follows:
49 CFR Part 214
§ 180.499 Propamocarb hydrochloride;
tolerances for residues.
RIN 2130–AA48
*
(b) * * *
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Expiration/
revocation
date
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(b) Section 18 emergency exemptions.
[Reserved]
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0.3
Beet, garden,
roots ..............
Beet, garden,
tops ...............
Grape ................
Sweet potato,
roots ..............
§ 180.498
§ 180.472 Imidacloprid; tolerances for
residues.
0.05
4.0
1.0
Parts per
million
15. In § 180.495, in the table in
paragraph (b), remove the entry for
cranberry.
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(b) Section 18 emergency exemptions.
[Reserved]
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I 10. In § 180.472, the table in paragraph
(b) is revised to read as follows:
Almond ..............
Almond, hulls ....
Soybean, seed ..
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*
Parts per
million
*
Commodity
§ 180.495
§ 180.458 Clethodim; tolerances for
residues.
Commodity
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(b) * * *
Railroad Workplace Safety
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(b) Section 18 emergency exemptions.
[Reserved]
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18. In § 180.503, paragraph (b) is
removed and reserved as follows:
I
[Docket No. FRA–2001–10426]
Federal Railroad
Administration (FRA), Department of
Transportation (DOT).
ACTION: Interim final rule.
AGENCY:
SUMMARY: FRA is amending regulations
on Railroad Workplace Safety to clarify
an ambiguous provision concerning the
circumstances under which life vests or
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(b) Section 18 emergency exemptions. buoyant work vests are required for
bridge workers working over water.
[Reserved]
DATES: Effective Date: This rule becomes
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effective April 11, 2005.
Written Comments: Written comments
§ 180.507 [Amended]
must be received no later than March
I 19. In § 180.507, the table in paragraph
28, 2005. Comments received after that
(b) is Amended by removing the entries
date will be considered to the extent
for chickpea, seed; lychee; and pepper.
possible without incurring additional
expense or delay.
§ 180.510 [Amended]
ADDRESSES: You may submit comments,
I 20. In § 180.510, in the table in
identified by DOT DMS Docket Number
paragraph (b), remove the entry for Fruit, FRA–2001–10426, by any of the
stone, group 12.
following methods:
I 21. In § 180.532, paragraph (b) is
• Federal eRulemaking Portal: Go to
removed and reserved as follows:
https://www.regulations.gov. Follow the
§ 180.503 Cymoxanil, tolerances for
residues.
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]]>Agencies
[Federal Register Volume 70, Number 27 (Thursday, February 10, 2005)]
[Rules and Regulations]
[Pages 7044-7047]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-2614]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[OPP-2005-0025; FRL-7690-6]
Pesticides; Removal of Expired Time-limited Tolerances for
Emergency Exemptions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is amending 40 CFR part 180 to remove time-limited
tolerances for several pesticides that were originally established to
support emergency exemptions issued under section 18 of the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA). These time-limited
tolerances are being removed from 40 CFR part 180 because they have
since expired. The expired time-limited tolerances are obsolete and
therefore unnecessary and are being removed with this final rule to
ensure that the regulatory listings of tolerances is properly updated.
DATES: This regulation is effective February 10, 2005. Objections and
requests for hearings must be received on or before April 11, 2005.
ADDRESSES: EPA has established a docket for this action under Docket ID
number OPP-2005-0025. All documents in the docket are listed in the
EDOCKET index at https://www.epa.gov/edocket. Although listed in the
index, some information is not publicly available, i.e., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the Internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available either electronically in
EDOCKET or in hard copy at the Public Information and Records Integrity
Branch (PIRIB), Rm. 119, Crystal Mall 2, 1801 S. Bell St.,
Arlington, VA. This docket facility is open from 8:30 a.m. to 4 p.m.,
Monday through Friday, excluding legal holidays. The docket telephone
number is (703) 305-5805.
FOR FURTHER INFORMATION CONTACT: Dan Rosenblatt, Registration Division
(7505C), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave., NW.,Washington, DC 20460; telephone number:
(703) 308-9366; and e-mail address: rosenblatt.dan@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this Action Apply to Me?
You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
Potentially affected entities may include, but are not limited to:
Crop production (NAICS 111)
Animal production (NAICS 112)
Food manufacturing (NAICS 311)
Pesticide manufacturing (NAICS 32532)
This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. If you have any
questions regarding the applicability of this action to a particular
entity, consult the person listed under FOR FURTHER INFORMATION
CONTACT.
[[Page 7045]]
B. How Can I Access Electronic Copies of this Document and Other
Related Information?
In addition to using EDOCKET (https://www.epa.gov/edocket/), you may
access this Federal Register document electronically through the EPA
Internet under the ``Federal Register'' listings at https://www.epa.gov/
fedrgstr/. A frequently updated electronic version of 40 CFR part 180
is available at E-CFR Beta Site Two at https://www.gpoaccess.gov/ecfr/.
C. How Can I Submit an Objection or Request a Hearing Under FFDCA?
Although section 408(g) of the Federal Food, Drug, and Cosmetic Act
(FFDCA), as amended by the Food Quality Protection Act (FQPA), allows
any person to file an objection or request a hearing when the Agency
issues a final tolerance action under section 408, EPA does not expect
that anyone will file an objection or request a hearing for this
particular rule because the tolerances being revoked here are obsolete.
If, for some reason, anyone wishes to file an objection or request for
a hearing under section 408(g), please follow the EPA procedural
regulations which govern the submission of objections and requests for
hearings that appear in 40 CFR part 178. Note that the period for
filing objections is now 60 days, rather than 30 days.
II. Authority
A. What is EPA's Authority for Revoking these Tolerances?
This final rule is issued pursuant to section 408(e) of FFDCA, as
amended by the FQPA (21 U.S.C. 346a(e)). Section 408 of FFDCA
authorizes the establishment of tolerances, exemptions from the
requirement of a tolerance, modifications in tolerances, and revocation
of tolerances for residues of pesticide chemicals in or on raw
agricultural commodities and processed foods. Without a tolerance or
tolerance exemption, food containing pesticide residues is considered
to be unsafe and therefore ``adulterated'' under section 402(a) of the
FFDCA. If food containing pesticide residues is found to be
adulterated, the food may not be distributed in interstate commerce (21
U.S.C. 331(a) and 342(a)).
B. Why is EPA Issuing this as a Final Rule?
Section 553 of the Administrative Procedure Act, 5 U.S.C.
553(b)(B), provides that, when an agency for good cause finds that
notice and public procedure are impracticable, unnecessary or contrary
to the public interest, the agency may issue a rule without providing
notice and an opportunity for public comment. EPA has determined that
there is good cause for making today's rule final without prior
proposal and opportunity for comment because the actions taken in this
final rule represent technical corrections to the regulations and do
not involve substantive Agency action.
The removal of an expired time-limited tolerance from 40 CFR part
180 represents a simple correction of the regulations, and does not
involve any substantive Agency action. The expiration date for the
time-limited tolerance is set when the Agency issues the final rule
that originally establishes, or a subsequent final rule that amends,
the specific time-limited tolerance. Once that time-limited tolerance
expires, the associated listing in 40 CFR part 180 is obsolete and must
be removed to reflect that expiration.
For these reasons, notice and public procedure are unnecessary. EPA
finds that this constitutes good cause under 5 U.S.C. 553(b)(B).
III. Overview of Today's Action
A. What Action is EPA Taking?
For each pesticide chemical and commodity combination listed below,
EPA previously established a time-limited tolerance, under section 408
of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21 U.S.C. 346a, as
amended by the Food Quality Protection Act of 1996 (FQPA) (Public Law
104-170). EPA established the tolerances 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 that will result from the use of a pesticide under an
emergency exemption granted by EPA under section 18 of FIFRA. These
time-limited tolerances are being removed from 40 CFR part 180 today
because they have since expired making these time-limited tolerances
obsolete.
B. Which Time-Limited Tolerances are Obsolete?
The time-limited tolerances for the following pesticide chemicals
on specific commodities are being removed from 40 CFR part 180 because
the time-limited tolerances have expired for the pesticide and
commodity covered by the time-limited tolerance. Therefore, the time-
limited tolerance is obsolete and no longer necessary:
1. Aluminum tris. The time-limited tolerance for succulent pea is
being removed from Sec. 180.415 because it expired on September 31,
2000.
2. Azoxystrobin. Time-limited tolerances for chickpea seed, lychee
and pepper are being removed from Sec. 180.507 because they expired on
December 31, 2003.
3. Bifenthrin. Time-limited tolerances for peanut and potato are
being removed from Sec. 180.442 because they expired on or before
December 31, 2003.
4. Bromoxynil. Time-limited tolerances for timothy hay and forage
are being removed from Sec. 180.324 because they expired on June 30,
2003.
5. Clethodim. The time-limited tolerances for tall fescue hay and
forage are being removed from Sec. 180.458 because they expired on
June 30, 2004.
6. Cymoxanil. The time-limited tolerance for dried cone hop is
being removed from Sec. 180.503 because it expired on December 31,
2003.
7. Cyprodinil. The time-limited tolerance for caneberries is being
removed from Sec. 180.532 because it expired on December 31, 2003.
8. Cyfluthrin. Time-limited tolerances for grape and raisin are
being removed from Sec. 180.436 because they expired on June 30, 2003.
9. Dimethomorph. Time-limited tolerances for cantaloupe, cucumber,
squash, and watermelon are being removed from Sec. 180.493 because
they expired on December 31, 2003.
10. Fluroxypyr 1-methylheptyl ester. Time-limited tolerances for
cattle kidney, goat kidney, grass forage and hay, hog kidney, horse
kidney, milk and sheep kidney are being removed from Sec. 180.535
because they expired on December 31, 2004.
11. Imidacloprid. Time-limited tolerances for garden beet roots and
tops, blueberry, cranberry, prune, and legume vegetable are being
removed from Sec. 180.472 because they expired on or before June 30,
2004.
12. Metolachlor. Time-limited tolerances for grass forage and hay,
spinach, tomato, tomato paste and tomato puree are being removed from
Sec. 180.368 because they expired on or before December 31, 2004.
13. Methoxyfenozide. Time-limited tolerances for field corn forage,
grain and stover and corn oil are being removed from Sec. 180.544
because they expired on December 31, 2003.
14. Norflurazon. Time-limited tolerances for Bermuda grass hay and
forage are being removed from Sec. 180.356 because they expired on
November 30, 2002.
15. Propamocarb. Time-limited tolerances for tomato and tomato
paste are being removed from Sec. 180.499 because they expired on
December 31, 2003.
[[Page 7046]]
17. Pymetrozine. The time-limited tolerance for pecan is being
removed from Sec. 180.556 because it expired on December 31, 2002.
18. Pyriproxyfen. The time-limited tolerance for stone fruit (group
12) is being removed from Sec. 180.510 because it expired on December
31, 2002.
19. Spinosad. The time-limited tolerance for cranberry is being
removed from Sec. 180.495 because it expired on June 30, 2003.
20. Sulfentrazone. The time-limited tolerance for chickpea seed is
being removed from Sec. 180.498 because it expired on December 31,
2004.
21. Tebuconazole. The time-limited tolerance for hops is being
removed from Sec. 180.474 because it expired on December 31, 2003.
22. Tebufenozide. Time-limited tolerances for egg, grass forage and
hay, longan, lychee, peanut, peanut hay, peanut meal, peanut oil,
poultry fat, poultry meat, poultry meat byproducts, sunflower seed,
foliage of legume vegetable (group 7) and legume vegetable (group 6)
are being from Sec. 180.482 removed because they expired on or before
December 31, 2003.
23. Triflumizole. The time-limited tolerance for filbert is being
removed from Sec. 180.476 because it expired on June 30, 2004.
24. Zinc phosphide. The time-limited tolerance for wheat aspirated
grain fractions is being removed from Sec. 180.284 because it expired
on December 31, 2003.
IV. Regulatory Assessment Requirements
This final rule removes obsolete time-limited tolerances that were
previously established under FFDCA section 408 of the FFDCA. The Office
of Management and Budget (OMB) has exempted tolerance actions like this
revocation from review under Executive Order 12866, entitled Regulatory
Planning and Review (58 FR 51735, October 4, 1993). Because this rule
has been exempted from review under Executive Order 12866, this rule is
not subject to Executive Order 13045, entitled Protection of Children
from Environmental Health Risks and Safety Risks (62 FR 19885, April
23, 1997), or Executive Order 13211, entitled Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use (66 FR 28355, May 22, 2001). Because the agency has made a ``good
cause'' finding that this action is not subject to notice-and-comment
requirements under the Administrative Procedure Act or any other
statute (see discussion in Unit II.B. of this preamble), it is not
subject to the regulatory flexibility provisions of the Regulatory
Flexibility Act (RFA)(5 U.S.C. 601 et seq.), or to sections 202 and 205
of the Unfunded Mandates Reform Act of 1995 (UMRA)(Public Law 104-4).
In addition, this action does not significantly or uniquely affect
small governments or impose a significant intergovernmental mandate, as
described in sections 203 and 204 of UMRA. 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). This action will not have substantial direct effects on
State or tribal governments, on the relationship between the Federal
government and States or Indian tribes, or on the distribution of power
and responsibilities between the Federal government and States or
Indian tribes. As a result, this action does not require any action
under Executive Order 13132, entitled Federalism (64 FR 43255, August
10, 1999), or under Executive Order 13175, entitled Consultation and
Coordination with Indian Tribal Governments (65 FR 67249, November 6,
2000). Nor does it require special considerations under Executive Order
12898, entitled Federal Actions to Address Environmental Justice in
Minority Populations and Low-Income Populations (59 FR 7629, February
16, 1994); or Executive Order 12630, entitled Governmental Actions and
Interference with Constitutionally Protected Property Rights (53 FR
8859, March 15, 1988). This action does not involve any technical
standards that would require Agency consideration of voluntary
consensus standards pursuant to section 12(d) of the National
Technology Transfer and Advancement Act of 1995 (NTTAA), Public Law
104-113, section 12(d) (15 U.S.C. 272 note). This rule does not impose
an information collection burden under the provisions of the Paperwork
Reduction Act (PRA)(44 U.S.C. 3501 et seq.). In issuing this rule, EPA
has taken the necessary steps to eliminate drafting errors and
ambiguity, minimize potential litigation, and provide a clear legal
standard for affected conduct, as required by section 3 of Executive
Order 12988 (61 FR 4729, February 7, 1996).
V. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., 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. Section 808 allows the issuing agency to make a rule
effective sooner than otherwise provided by the CRA if the agency makes
a good cause finding that notice and public procedure is impracticable,
unnecessary or contrary to the public interest. This determination must
be supported by a brief statement. 5 U.S.C. 808(2). As stated in Unit
II.B., EPA has made such a good cause finding for this rule, including
the reasons therefor, and established an effective date of February 10,
2005. EPA will submit a report containing this rule and other required
information to the U.S. Senate, the U.S. House of Representatives, and
the Comptroller General of the United States prior to publication of
this final rule in the Federal Register. This final rule is not a
``major rule'' as defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 180
Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.
Dated: January 30, 2005.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.
0
Therefore, 40 CFR chapter I is amended as follows:
PART 180--[AMENDED]
0
1. The authority citation for part 180 continues to read as follows:
Authority: 21 U.S.C. 321(q), 346(a) and 371.
Sec. 180.284 [Amended]
0
2. In Sec. 180.284 in the table in paragraph (b), remove the entry for
wheat, aspirated grain fractions.
0
3. In Sec. 180.324, paragraph (b) is removed and reserved as follows:
Sec. 180.324 Bromoxynil; tolerances for residues.
* * * * *
(b) Section 18 emergency exemptions. [Reserved]
* * * * *
0
4. In Sec. 180.356, paragraph (b) is removed and reserved as follows:
Sec. 180.356 Norflurazon; tolerances for residues.
* * * * *
(b) Section 18 emergency exemptions. [Reserved]
* * * * *
0
5. In Sec. 180.368, paragraph (b) is removed and reserved as follows:
[[Page 7047]]
Sec. 180.368 Metholachlor; tolerances for residues.
* * * * *
(b) Section 18 emergency exemptions. [Reserved]
* * * * *
0
6. In Sec. 180.415, paragraph (b) is removed and reserved as follows:
Sec. 180.415 Aluminum tris (O-ethylphosphate); tolerances for
residues.
* * * * *
(b) Section 18 emergency exemptions. [Reserved]
* * * * *
0
7. In Sec. 180.436, paragraph (b) is removed and reserved as follows:
Sec. 180.436 Cyfluthrin; tolerances for residues
* * * * *
(b) Section 18 emergency exemptions. [Reserved]
* * * * *
Sec. 180.442 [Amended]
0
8. In Sec. 180.442 in the table in paragraph (b), remove the entries
for peanut and potato.
0
9. In Sec. 180.458, paragraph (b) is removed and reserved as follows:
Sec. 180.458 Clethodim; tolerances for residues.
* * * * *
(b) Section 18 emergency exemptions. [Reserved]
* * * * *
0
10. In Sec. 180.472, the table in paragraph (b) is revised to read as
follows:
Sec. 180.472 Imidacloprid; tolerances for residues.
(b) * * *
------------------------------------------------------------------------
Expiration/
Commodity Parts per revocation
million date
------------------------------------------------------------------------
Almond........................................ 0.05 12/31/05
Almond, hulls................................. 4.0 12/31/05
Soybean, seed................................. 1.0 12/31/06
------------------------------------------------------------------------
* * * * *
Sec. 180.474 [Amended]
0
11. In Sec. 180.474, in the table in paragraph (b), remove the entry
for hop.
0
12. In Sec. 180.476, paragraph (b) is removed and reserved as follows:
Sec. 180.476 Triflumizole; tolerances for residues.
* * * * *
(b) Section 18 emergency exemptions. [Reserved]
* * * * *
0
13. In Sec. 180.482, the table in paragraph (b) is revised to read as
follows:
Sec. 180.482 Tebufenozide; tolerances for residues.
* * * * *
(b) * * *
------------------------------------------------------------------------
Expiration/
Commodity Parts per revocation
million date
------------------------------------------------------------------------
Beet, garden, roots........................... 0.3 12/31/05
Beet, garden, tops............................ 9.0 12/31/05
Grape......................................... 3.0 12/31/05
Sweet potato, roots........................... 0.25 12/31/05
------------------------------------------------------------------------
* * * * *
0
14. In Sec. 180.493, paragraph (b) is removed and reserved as follows:
Sec. 180.493 Dimethomorph; tolerances for residues.
* * * * *
(b) Section 18 emergency exemptions. [Reserved]
* * * * *
Sec. 180.495 [Amended]
0
15. In Sec. 180.495, in the table in paragraph (b), remove the entry
for cranberry.
Sec. 180.498 [Amended]
0
16. In Sec. 180.498, in the table in paragraph (b), remove the entry
for chickpea, seed.
0
17. In Sec. 180.499, paragraph (b) is removed and reserved as follows:
Sec. 180.499 Propamocarb hydrochloride; tolerances for residues.
* * * * *
(b) Section 18 emergency exemptions. [Reserved]
* * * * *
0
18. In Sec. 180.503, paragraph (b) is removed and reserved as follows:
Sec. 180.503 Cymoxanil, tolerances for residues.
* * * * *
(b) Section 18 emergency exemptions. [Reserved]
* * * * *
Sec. 180.507 [Amended]
0
19. In Sec. 180.507, the table in paragraph (b) is Amended by removing
the entries for chickpea, seed; lychee; and pepper.
Sec. 180.510 [Amended]
0
20. In Sec. 180.510, in the table in paragraph (b), remove the entry
for Fruit, stone, group 12.
0
21. In Sec. 180.532, paragraph (b) is removed and reserved as follows:
Sec. 180.532 Cyprodinil; tolerances for residues.
* * * * *
(b) Section 18 emergency exemptions. [Reserved]
* * * * *
Sec. 180.535 [Amended]
0
22. In Sec. 180.535, in the table in paragraph (b), remove the
entries, cattle, kidney; goat, kidney; grass, forage; grass, hay; hog,
kidney; horse, kidney; milk and sheep, kidney.
Sec. 180.544 [Amended]
0
23. In Sec. 180.544, in the table in paragraph (b), remove the
entries, corn, field, forage; corn, field, grain; corn, field, stover;
and corn, oil.
0
24. In Sec. 180.556, paragraph (b) is removed and reserved as follows:
Sec. 180.556 Pymetrizone; tolerances for residues.
* * * * *
(b) Section 18 emergency exemptions. [Reserved]
* * * * *
[FR Doc. 05-2614 Filed 2-9-05; 8:45 a.m.]
BILLING CODE 6560-50-S
