Extension of Tolerances for Emergency Exemptions (Multiple Chemicals), 37692-37696 [05-12919]

Download as PDF 37692 Federal Register / Vol. 70, No. 125 / Thursday, June 30, 2005 / Rules and Regulations entitled Protection of Children from Environmental Health Risks and Safety Risks (62 FR 19885, April 23, 1997). This action does not involve any technical standards that would require Agency consideration of voluntary consensus standards pursuant to section 12(d) of the National Technology Transfer and Advancement Act of 1995 (NTTAA), Public Law 104–113, section 12(d) (15 U.S.C. 272 note). Since tolerances and exemptions that are 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. 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 final 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 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 VerDate jul<14>2003 15:12 Jun 29, 2005 Jkt 205001 Government and the Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes.’’ This 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 rule. XIII. Congressional Review Act Inert ingredients Limits * * * * Ethyl maltol (CAS Reg. No.4940–11–8) * * * * Uses * * * Not more Odor than mask0.2 % ing of the agent pesticide formulation * * * * * * * * 3. In § 180.930 the table is amended by adding alphabetically the following inert ingredient to read as follows: I The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of this final rule in the Federal Register. This final rule is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). § 180.930 Inert ingredients applied to animals; exemption from the requirement of a tolerance. List of Subjects in 40 CFR Part 180 BILLING CODE 6560–50–S Environmental protection, Administrative practice and procedure, Agricultural commodities, Pesticides and pests, Reporting and recordkeeping requirements. Dated: June 20, 2005. Lois Rossi, Director, Registration Division, Office of Pesticide Programs. Therefore, 40 CFR chapter I is amended as follows: I * * * Inert ingredients Limits * * * * Ethyl maltol (CAS Reg. No.4940–11–8) * * * * * * * * Uses * * * Not more Odor than mask0.2 % ing of the agent pesticide formulation * * * * [FR Doc. 05–12920 Filed 6–29–05; 8:45 am] ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 180 [OPP–2005–0143; FRL–7722–3] Extension of Tolerances for Emergency Exemptions (Multiple Chemicals) Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: SUMMARY: This regulation extends timelimited tolerances for the pesticides listed in Unit II. of the SUPPLEMENTARY I 1. The authority citation for part 180 INFORMATION. These actions are in continues to read as follows: response to EPA’s granting of emergency Authority: 21 U.S.C. 321(q), 346a and 371. exemptions under section 18 of the Federal Insecticide, Fungicide, and I 2. In § 180.910 the table is amended by adding alphabetically the following inert Rodenticide Act (FIFRA) authorizing use of these pesticides. Section 408(l)(6) ingredient to read as follows: of the Federal Food, Drug, and Cosmetic § 180.910 Inert ingredients used pre- and Act (FFDCA) requires EPA to establish PART 180—[AMENDED] post-harvest; exemption from the requirement of a tolerance. PO 00000 * * * Frm 00046 Fmt 4700 Sfmt 4700 E:\FR\FM\30JNR1.SGM 30JNR1 Federal Register / Vol. 70, No. 125 / Thursday, June 30, 2005 / Rules and Regulations 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. DATES: This regulation is effective June 30, 2005. Objections and requests for hearings must be received on or before August 29, 2005. ADDRESSES: To submit a written objection or hearing request follow the detailed instructions as provided in Unit III. of the SUPPLEMENTARY INFORMATION. EPA has established a docket for this action under Docket ID number OPP–2005–0143. All documents in the docket are listed in the EDOCKET index at http:// 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. Pesticide/CFR cite 37693 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: See the table in this unit for the name of a specific contact person. The following information applies to all contact persons: Emergency Response Team, Registration Division (7505C), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460– 0001. Contact person Terbacil; 180.209 Eucalyptus oil; 180.1241; Thymol; 180.1240 Barbara Madden Sec-18-Mailbox@epamail.epa.gov (703) 305–6463 N-(4-fluorophenyl)-N-(1-methylethyl)-2-[[5-(trifluoromethyl)-1,3,4thiadiazol-2-yl]oxy]acetamide; 180.527 Andrew Ertman Sec-18-Mailbox@epamail.epa.gov (703) 308–9367 Pyriproxyfen; 180.510 Andrea Conrath Sec-18-Mailbox@epamail.epa.gov (703) 308–9356 Maneb; 180.110, Bifenthrin; 180.442, Myclobutanil; 180.443, Tebuconazole; 180.474, Libby Pemberton Sec-18-Mailbox@epamail.epa.gov (703) 308–9364 B. How Can I Access Electronic Copies of this Document and Other Related Information? 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 code 111) • Animal production (NAICS code 112) • Food manufacturing (NAICS code 311) • Pesticide manufacturing (NAICS code 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. VerDate jul<14>2003 15:12 Jun 29, 2005 Jkt 205001 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 http://www.epa.gov/fedrgstr/. A frequently updated electronic version of 40 CFR part 180 is available at E-CFR Beta Site Two at http:// www.gpoaccess.gov/ecfr/. II. Background and Statutory Findings EPA published final rules in the Federal Register for each chemical/ commodity listed. The initial issuance of these final rules announced that EPA, on its own initiative, under section 408 of the FFDCA, 21 U.S.C. 346a, as amended by the Food Quality Protection Act of 1996 (FQPA) (Public Law 104– 170) was establishing time-limited tolerances. 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 PO 00000 Frm 00047 Fmt 4700 Sfmt 4700 an emergency exemption granted by EPA under FIFRA section 18. Such tolerances can be established without providing notice or time for public comment. EPA received requests to extend the use of these chemicals for this year’s growing season. After having reviewed these submissions, EPA concurs that emergency conditions exist. EPA assessed the potential risks presented by residues for each chemical/commodity. In doing so, EPA considered the safety standard in section 408(b)(2) of the FFDCA, and decided that the necessary tolerance under section 408(l)(6) of the FFDCA would be consistent with the safety standard and with FIFRA section 18. The data and other relevant material have been evaluated and discussed in the final rule originally published to support these uses. Based on that data and information considered, the Agency reaffirms that extension of these timelimited tolerances will continue to meet the requirements of section 408(l)(6) of the FFDCA. Therefore, the time-limited tolerances are extended until the date listed. EPA will publish a document in the Federal Register to remove the revoked tolerances from the Code of Federal Regulations (CFR). Although E:\FR\FM\30JNR1.SGM 30JNR1 37694 Federal Register / Vol. 70, No. 125 / Thursday, June 30, 2005 / Rules and Regulations these tolerances will expire and are revoked on the date listed, under section 408(l)(5) of the FFDCA, residues of the pesticide not in excess of the amounts specified in the tolerance remaining in or on the commodity after that date will not be unlawful, provided the residue is present as a result of an application or use of a pesticide at a time and in a manner that was lawful under FIFRA, the tolerance was in place at the time of the application, and the residue does not exceed the level that was authorized by the tolerance. EPA will take action to revoke these tolerances earlier if any experience with, scientific data on, or other relevant information on this pesticide indicate that the residues are not safe. Tolerances for the use of the following pesticide chemicals on specific commodities are being extended: Bifenthrin. EPA has authorized under FIFRA section 18 the use of bifenthrin on sweet potatoes for control of beetles complex in North Carolina. This regulation extends a time-limited tolerance for residues of the insecticide bifenthrin ((2-methyl [1,1′biphenyl]-3yl) methyl-3-(2-chloro-3,3,3,-trifluoro-1propenyl)-2,2-dimethylcyclopropane carboxylate) in or on sweet potato, roots at 0.05 parts per million (ppm) for an additional three–year period. This tolerance will expire and is revoked on December 31, 2008. A time-limited tolerance was originally published in the Federal Register of September 27, 2001 (66 FR 49308) (FRL–6801–5), subsequently corrected by a technical amendment published in the Federal Register of September 3, 2003 (68 FR 52353)(FRL–7323–9). Eucalyptus oil. EPA has authorized under FIFRA section 18 the use of eucalyptus oil in beehives for control of varroa mites in Arkansas, Colorado, Connecticut, Delaware, Florida, Georgia, Iowa, Idaho, Illinois, Indiana, Kansas, Kentucky, Maine, Maryland, Massachusetts, Michigan, Missouri, Minnesota, Mississippi, North Carolina, Nebraska, New Jersey, New York, Oregon, Pennsylvania, Tennessee, Texas, Utah, Vermont, and Washington. This regulation extends a time-limited exemption from the requirement of a tolerance for residues of the biopesticide eucalyptus oil in or on honey and honeycomb for an additional 2–year period. This exemption from the requirement of a tolerance will expire and is revoked on June 30, 2007. A timelimited exemption from the requirement of a tolerance was originally published in the Federal Register of June 6, 2003 (68 FR 33882) (FRL–7308–1). N-(4-fluorophenyl)-N-(1-methylethyl)2-[[5-(trifluoromethyl)-1,3,4-thiadiazol- VerDate jul<14>2003 15:12 Jun 29, 2005 Jkt 205001 2-yl]oxy]acetamide. EPA has authorized under FIFRA section 18 the use of N-(4fluorophenyl)-N-(1-methylethyl)-2-[[5(trifluoromethyl)-1,3,4-thiadiazol-2yl]oxy]acetamide on wheat and triticale for control of ryegrass in Idaho and Oregon. This regulation extends a timelimited tolerance for combined residues of the herbicide N-(4-fluorophenyl)-N(1-methylethyl)-2-[[5-(trifluoromethyl)1,3,4-thiadiazol-2-yl]oxy]acetamide and its metabolites containing the 4-fluoroN-methylethyl benzenamine moiety in or on wheat grain at 1 part per million (ppm), wheat forage at 10 ppm, wheat hay at 2 ppm, wheat straw at 0.5 ppm, meat and fat of cattle, goats, horses, hogs, and sheep at 0.05 ppm, meat byproducts (other than kidney) of cattle, goats, horses, hogs, and sheep at 0.10 ppm and kidney of cattle, goats, horses, hogs, and sheep at 0.50 ppm for an additional two-year period. These tolerances will expire and are revoked on June 30, 2007. Time-limited tolerances were originally published in the Federal Register of August 6, 1999 (64 FR 42839) (FRL–6091–9). Maneb. EPA has authorized under FIFRA section 18 the use of maneb on walnuts for control of bacterial blight in California. This regulation extends a time-limited tolerance for combined residues of the fungicide maneb (manganous ethylenebisdithiocarbamate) calculated as zinc ethylenebisdithiocarbamate, and its metabolite ethylenethiourea in or on walnuts at 0.05 ppm for an additional two–year period. This tolerance will expire and is revoked on December 31, 2007. A time-limited tolerance was originally published in the Federal Registerof March 17, 1999 (64 FR 13097) (FRL–6067–9). Myclobutanil. EPA has authorized under FIFRA section 18 the use of myclobutanil on peppers for control of powdery mildew in California. This regulation extends a time-limited tolerance for combined of the fungicide myclobutanil alpha-butyl-alpha-(4chlorophenyl)-1H-1,2,4-triazole-1propanenitrile and its alcohol metabolite (alpha-(3-hydroxybutyl)alpha-(4-chlorophenyl)-1H-1,2,4triazole-1-propanenitrile (free and bound) in or on pepper at 1.0 ppm for an additional 3–year period. This tolerance will expire and is revoked on June 30, 2008. A time-limited tolerance was originally published in the Federal Register of September 16, 1998 (63 FR 49472) (FRL–6025–1). Pyriproxyfen. EPA has authorized under FIFRA section 18 the use of pyriproxyfen on succulent beans for control of whitefly in Florida and Georgia. This regulation extends a time- PO 00000 Frm 00048 Fmt 4700 Sfmt 4700 limited tolerance for combined of the insect grown regulator, pyriproxyfen 2[1-methyl-2-(4phenoxyphenoxy)ethoxy]pyridine in or on bean, succulent at 0.1 ppm for an additional 3–year period. This tolerance will expire and is revoked on June 30, 2008. A time-limited tolerance was originally published in the Federal Register of September 5, 2001 (66 FR 46390) (FRL–6798–6). Tebuconazole. EPA has authorized under FIFRA section 18 the use of tebuconazole on barley and/or wheat for control of Fusarium head blight in Kentucky, Illinois, Montana, and South Dakota. This regulation extends timelimited tolerances for residues of the fungicide tebucon-azole (alpha-[2-(4chlorophenyl)-ethyl]-alpha-(1,1dimethylethyl)-1H-1,2,4-triazole-1ethanol) in or on barley grain at 2.0 ppm, barley hay at 20.0 ppm, and barley straw at 20.0 ppm; wheat hay at 15.0 ppm and wheat straw at 2.0 ppm for an additional 3-year period. These tolerances will expire and are revoked on June 30, 2008. Time-limited tolerances were originally published in the Federal Register on June 20, 1997 (62 FR 33550) (FRL–5725–7). Terbacil. EPA has authorized under FIFRA section 18 the use of terbacil on watermelon for control of broadleaf weeds in Delaware and Virginia. This regulation extends a time-limited tolerance for combined residues of the herbicide terbacil (3-tert-Butyl-5- chloro -6-methyluracil and its three metabolites 3-tert-butyl-5-chloro- 6hydroxymethyluracil, 6-chloro-2, 3dihydro-7-hydroxymethyl 3,3dimethyl-5H-oxazolo (3,2-a) pyrimidin5-one, and 6-chloro-2,3-dihydro- 3,3,7trimethyl-5H-oxazolo (3,2-a) pyrimidin5-one), calculated as terbacil in or on watermelon at 0.4 ppm for an additional 2–year period. This tolerance will expire and is revoked on June 30, 2007. A time-limited tolerance was originally published in the Federal Register of June 20, 1997 (62 FR 33557) (FRL– 5718–7). Thymol. EPA has authorized under FIFRA section 18 the use of thymol in beehives for control of varroa mites in Arkansas, Colorado, Connecticut, Delaware, Florida, Georgia, Iowa, Idaho, Illinois, Indiana, Kansas, Kentucky, Maine, Maryland, Massachusetts, Michigan, Missouri, Minnesota, Mississippi, North Carolina, Nebraska, New Jersey, New York, Oregon, Pennsylvania, Tennessee, Texas, Utah, Vermont, and Washington. This regulation extends a time-limited exemption from the requirement of a tolerance for residues of the biopesticide thymol in or on honey and honeycomb E:\FR\FM\30JNR1.SGM 30JNR1 Federal Register / Vol. 70, No. 125 / Thursday, June 30, 2005 / Rules and Regulations for an additional 2–year period. This exemption from the requirement of a tolerance will expire and is revoked on June 30, 2007. A time-limited exemption from the requirement of a tolerance was originally published in the Federal Register of June 6, 2003 (68 FR 33882) (FRL–7308–1). III. Objections and Hearing Requests Under section 408(g) of the FFDCA, as amended by the FQPA, any person may file an objection to any aspect of this regulation and may also request a hearing on those objections. The EPA procedural regulations which govern the submission of objections and requests for hearings appear in 40 CFR part 178. Although the procedures in those regulations require some modification to reflect the amendments made to the FFDCA by the FQPA, EPA will continue to use those procedures, with appropriate adjustments, until the necessary modifications can be made. The new section 408(g) of the FFDCA provides essentially the same process for persons to ‘‘object’’ to a regulation for an exemption from the requirement of a tolerance issued by EPA under new section 408(d) of the FFDCA, as was provided in the old sections 408 and 409 of the FFDCA. However, the period for filing objections is now 60 days, rather than 30 days. A. What Do I Need to Do to File an Objection or Request a Hearing? You must file your objection or request a hearing on this regulation in accordance with the instructions provided in this unit and in 40 CFR part 178. To ensure proper receipt by EPA, you must identify docket ID number OPP–2005–0143 in the subject line on the first page of your submission. All requests must be in writing, and must be mailed or delivered to the Hearing Clerk on or before August 1, 2005. 1. Filing the request. Your objection must specify the specific provisions in the regulation that you object to, and the grounds for the objections (40 CFR 178.25). If a hearing is requested, the objections must include a statement of the factual issues(s) on which a hearing is requested, the requestor’s contentions on such issues, and a summary of any evidence relied upon by the objector (40 CFR 178.27). Information submitted in connection with an objection or hearing request may be claimed confidential by marking any part or all of that information as CBI. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. A copy of the information that does not contain CBI must be submitted for inclusion in the VerDate jul<14>2003 15:12 Jun 29, 2005 Jkt 205001 public record. Information not marked confidential may be disclosed publicly by EPA without prior notice. Mail your written request to: Office of the Hearing Clerk (1900L), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460–0001. You may also deliver your request to the Office of the Hearing Clerk in Suite 350, 1099 14th St., NW., Washington, DC 20005. The Office of the Hearing Clerk is open from 8 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Office of the Hearing Clerk is (202) 564–6255. 2. Copies for the Docket. In addition to filing an objection or hearing request with the Hearing Clerk as described in Unit III.A., you should also send a copy of your request to the PIRIB for its inclusion in the official record that is described in ADDRESSES. Mail your copies, identified by docket ID number OPP–2005–0143, to: Public Information and Records Integrity Branch, Information Resources and Services Division (7502C), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460–0001. In person or by courier, bring a copy to the location of the PIRIB described in ADDRESSES. You may also send an electronic copy of your request via email to: opp-docket@epa.gov. Please use an ASCII file format and avoid the use of special characters and any form of encryption. Copies of electronic objections and hearing requests will also be accepted on disks in WordPerfect 6.1/8.0 file format or ASCII file format. Do not include any CBI in your electronic copy. You may also submit an electronic copy of your request at many Federal Depository Libraries. B. When Will the Agency Grant a Request for a Hearing? A request for a hearing will be granted if the Administrator determines that the material submitted shows the following: There is a genuine and substantial issue of fact; there is a reasonable possibility that available evidence identified by the requestor would, if established resolve one or more of such issues in favor of the requestor, taking into account uncontested claims or facts to the contrary; and resolution of the factual issues(s) in the manner sought by the requestor would be adequate to justify the action requested (40 CFR 178.32). IV. Statutory and Executive Order Reviews This final rule establishes timelimited tolerances under section 408 of the FFDCA. The Office of Management PO 00000 Frm 00049 Fmt 4700 Sfmt 4700 37695 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). Because this rule has been exempted from review under Executive Order 12866 due to its lack of significance, this 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 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) (Public Law 104–4). Nor does it require any 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 OMB review or any Agency action under Executive Order 13045, entitled Protection of Children from Environmental Health Risks and Safety Risks (62 FR 19885, April 23, 1997). This action does not involve any technical standards that would require Agency consideration of voluntary consensus standards pursuant to section 12(d) of the National Technology Transfer and Advancement Act of 1995 (NTTAA), Public Law 104–113, section 12(d) (15 U.S.C. 272 note). Since tolerances and exemptions that are established under section 408(l)(6) of the FFDCA in response to an exemption under FIFRA section 18, such as the tolerances 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. 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, E:\FR\FM\30JNR1.SGM 30JNR1 37696 Federal Register / Vol. 70, No. 125 / Thursday, June 30, 2005 / Rules and Regulations 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 final rule directly regulates growers, food processors, food handlers and food retailers, not States. This action does not alter the relationships or distribution of power and responsibilities established by Congress in the preemption provisions of section 408(n)(4) of the FFDCA. For these same reasons, the Agency has determined that this 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 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 rule. V. Congressional Review Act The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of this final rule in the Federal Register. This 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 VerDate jul<14>2003 15:12 Jun 29, 2005 Jkt 205001 and pests, Reporting and recordkeeping requirements. Dated: June 21, 2005. Losi Rossi, Director, Registration Division, Office of Pesticide Programs. Therefore, 40 CFR chapter I is amended as follows: I PART 180—Tolerances and exemptions from tolerances for pesticide chemicals in food 1. The authority citation for part 180 continues to read as follows: I Authority: 21 U.S.C. 321(q), 346a and 371. Subpart C—[Amended] § 180.110 [Amended] 2. In § 180.110, in the table to paragraph (b), amend the entry for walnut by revising the expiration date ‘‘12/31/05’’ to read ‘‘12/31/07.’’ I § 180.209 [Amended] 3. In § 180.209, in the table to paragraph (b), amend the entry for watermelon by revising the expiration date ‘‘6/30/05’’ to read ‘‘6/30/07.’’ I § 180.442 [Amended] 4. In § 180.442, in the table to paragraph (b), amend the entry for sweet potato, roots by revising the expiration date ‘‘12/31/05’’ to read ‘‘12/31/08.’’ I § 180.443 [Amended] 5. In § 180.443, in the table to paragraph (b), amend the entry for pepper by revising the expiration date ‘‘6/30/05’’ to read ‘‘6/30/08.’’ I § 180.474 [Amended] 6. In § 180.474, in the table to paragraph (b), amend the entries for barley, grain; barley, hay; barley, straw; wheat, hay; and wheat, straw by revising the expiration date ‘‘06/30/05’’ to read ‘‘6/30/08.’’ I § 180.1240 Thymol; exemption from the requirement of a tolerance. Time-limited exemptions from the requirement of a tolerance are established for residues of thymol on honey and honeycomb in connection with use of the pesticide under section 18 emergency exemptions granted by the EPA. These time-limited exemptions from the requirement of a tolerance for residues of thymol will expire and are revoked on June 30, 2007. I 10. Section 180.1241 is revised to read as follows: § 180.1241 Eucalyptus oil; exemption from the requirement of a tolerance. Time-limited exemptions from the requirement of a tolerance are established for residues of eucalyptus oil on honey and honeycomb in connection with use of the pesticide under section 18 emergency exemptions granted by the EPA. These time-limited exemptions from the requirement of a tolerance for residues of eucalyptus oil will expire and are revoked on June 30, 2007. [FR Doc. 05–12919 Filed 6–29–05; 8:45 am] BILLING CODE 6560–50–S ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 228 [FRL–7930–7] Ocean Dumping; De-Designation of Ocean Dredged Material Disposal Sites and Designation of New Sites; Correction Environmental Protection Agency (EPA). ACTION: Final rule; correction. AGENCY: SUMMARY: In the Federal Register on March 15, 2005 (70 FR 12632), the Environmental Protection Agency (EPA) proposed to correct a final rule that appeared in the Federal Register of March 2, 2005 (70 FR 10041). The § 180.510 [Amended] document de-designated certain ocean I 7. In § 180.510, in the table to dredged material disposal sites and paragraph (b), amend the entry for bean, designated new sites located off the succulent by revising the expiration date mouth of the Columbia River near the ‘‘6/30/05’’ to read ‘‘6/30/08.’’ states of Oregon and Washington. The coordinates for one of those sites, the § 180.527 [Amended] Shallow Water site, contained a I 8. In § 180.527, in the table to typographical error in the Overall Site paragraph (b), for all the entries, revise Coordinates. In today’s final rule, EPA the expiration date ‘‘6/30/05’’ to read ‘‘6/ finalizes the correction of the 30/07.’’ coordinates for the Shallow Water site. DATES: This final rule is effective June Subpart D—[Amended] 30, 2005. ADDRESSES: EPA has established a I 9. Section 180.1240 is revised to read docket for this action which is available as follows: PO 00000 Frm 00050 Fmt 4700 Sfmt 4700 E:\FR\FM\30JNR1.SGM 30JNR1

Agencies

[Federal Register Volume 70, Number 125 (Thursday, June 30, 2005)]
[Rules and Regulations]
[Pages 37692-37696]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-12919]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[OPP-2005-0143; FRL-7722-3]


Extension of Tolerances for Emergency Exemptions (Multiple 
Chemicals)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation extends time-limited tolerances for the 
pesticides listed in Unit II. of the SUPPLEMENTARY INFORMATION. These 
actions are in response to EPA's granting of emergency exemptions under 
section 18 of the Federal Insecticide, Fungicide, and Rodenticide Act 
(FIFRA) authorizing use of these pesticides. Section 408(l)(6) of the 
Federal Food, Drug, and Cosmetic Act (FFDCA) requires EPA to establish

[[Page 37693]]

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.

DATES: This regulation is effective June 30, 2005. Objections and 
requests for hearings must be received on or before August 29, 2005.

ADDRESSES: To submit a written objection or hearing request follow the 
detailed instructions as provided in Unit III. of the SUPPLEMENTARY 
INFORMATION. EPA has established a docket for this action under Docket 
ID number OPP-2005-0143. All documents in the docket are listed in the 
EDOCKET index at http://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: See the table in this unit for the 
name of a specific contact person. The following information applies to 
all contact persons: Emergency Response Team, Registration Division 
(7505C), Office of Pesticide Programs, Environmental Protection Agency, 
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001.

------------------------------------------------------------------------
            Pesticide/CFR cite                     Contact person
------------------------------------------------------------------------
Terbacil; 180.209                          Barbara Madden
Eucalyptus oil; 180.1241;................  Sec-18-
Thymol; 180.1240.........................   Mailbox@epamail.epa.gov
                                           (703) 305-6463
------------------------------------------------------------------------
N-(4-fluorophenyl)-N-(1-methylethyl)-2-    Andrew Ertman
 [[5-(trifluoromethyl)-1,3,4-thiadiazol-2- Sec-18-
 yl]oxy]acetamide; 180.527                  Mailbox@epamail.epa.gov
                                           (703) 308-9367
------------------------------------------------------------------------
Pyriproxyfen; 180.510                      Andrea Conrath
                                           Sec-18-
                                            Mailbox@epamail.epa.gov
                                           (703) 308-9356
------------------------------------------------------------------------
Maneb; 180.110,                            Libby Pemberton
Bifenthrin; 180.442,.....................  Sec-18-
Myclobutanil; 180.443,...................   Mailbox@epamail.epa.gov
Tebuconazole; 180.474,...................  (703) 308-9364
------------------------------------------------------------------------


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 code 111)
     Animal production (NAICS code 112)
     Food manufacturing (NAICS code 311)
     Pesticide manufacturing (NAICS code 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.

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 http://www.epa.gov/
fedrgstr/. A frequently updated electronic version of 40 CFR part 180 
is available at E-CFR Beta Site Two at http://www.gpoaccess.gov/ecfr/.

II. Background and Statutory Findings

    EPA published final rules in the Federal Register for each 
chemical/commodity listed. The initial issuance of these final rules 
announced that EPA, on its own initiative, under section 408 of the 
FFDCA, 21 U.S.C. 346a, as amended by the Food Quality Protection Act of 
1996 (FQPA) (Public Law 104-170) was establishing time-limited 
tolerances.
    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 FIFRA section 18. Such tolerances can be 
established without providing notice or time for public comment.
    EPA received requests to extend the use of these chemicals for this 
year's growing season. After having reviewed these submissions, EPA 
concurs that emergency conditions exist. EPA assessed the potential 
risks presented by residues for each chemical/commodity. In doing so, 
EPA considered the safety standard in section 408(b)(2) of the FFDCA, 
and decided that the necessary tolerance under section 408(l)(6) of the 
FFDCA would be consistent with the safety standard and with FIFRA 
section 18.
    The data and other relevant material have been evaluated and 
discussed in the final rule originally published to support these uses. 
Based on that data and information considered, the Agency reaffirms 
that extension of these time-limited tolerances will continue to meet 
the requirements of section 408(l)(6) of the FFDCA. Therefore, the 
time-limited tolerances are extended until the date listed. EPA will 
publish a document in the Federal Register to remove the revoked 
tolerances from the Code of Federal Regulations (CFR). Although

[[Page 37694]]

these tolerances will expire and are revoked on the date listed, under 
section 408(l)(5) of the FFDCA, residues of the pesticide not in excess 
of the amounts specified in the tolerance remaining in or on the 
commodity after that date will not be unlawful, provided the residue is 
present as a result of an application or use of a pesticide at a time 
and in a manner that was lawful under FIFRA, the tolerance was in place 
at the time of the application, and the residue does not exceed the 
level that was authorized by the tolerance. EPA will take action to 
revoke these tolerances earlier if any experience with, scientific data 
on, or other relevant information on this pesticide indicate that the 
residues are not safe.
    Tolerances for the use of the following pesticide chemicals on 
specific commodities are being extended:
    Bifenthrin. EPA has authorized under FIFRA section 18 the use of 
bifenthrin on sweet potatoes for control of beetles complex in North 
Carolina. This regulation extends a time-limited tolerance for residues 
of the insecticide bifenthrin ((2-methyl [1,1'biphenyl]-3-yl) methyl-3-
(2-chloro-3,3,3,-trifluoro-1-propenyl)-2,2-dimethylcyclopropane 
carboxylate) in or on sweet potato, roots at 0.05 parts per million 
(ppm) for an additional three-year period. This tolerance will expire 
and is revoked on December 31, 2008. A time-limited tolerance was 
originally published in the Federal Register of September 27, 2001 (66 
FR 49308) (FRL-6801-5), subsequently corrected by a technical amendment 
published in the Federal Register of September 3, 2003 (68 FR 
52353)(FRL-7323-9).
    Eucalyptus oil. EPA has authorized under FIFRA section 18 the use 
of eucalyptus oil in beehives for control of varroa mites in Arkansas, 
Colorado, Connecticut, Delaware, Florida, Georgia, Iowa, Idaho, 
Illinois, Indiana, Kansas, Kentucky, Maine, Maryland, Massachusetts, 
Michigan, Missouri, Minnesota, Mississippi, North Carolina, Nebraska, 
New Jersey, New York, Oregon, Pennsylvania, Tennessee, Texas, Utah, 
Vermont, and Washington. This regulation extends a time-limited 
exemption from the requirement of a tolerance for residues of the 
biopesticide eucalyptus oil in or on honey and honeycomb for an 
additional 2-year period. This exemption from the requirement of a 
tolerance will expire and is revoked on June 30, 2007. A time-limited 
exemption from the requirement of a tolerance was originally published 
in the Federal Register of June 6, 2003 (68 FR 33882) (FRL-7308-1).
    N-(4-fluorophenyl)-N-(1-methylethyl)-2-[[5-(trifluoromethyl)-1,3,4-
thiadiazol-2-yl]oxy]acetamide. EPA has authorized under FIFRA section 
18 the use of N-(4-fluorophenyl)-N-(1-methylethyl)-2-[[5-
(trifluoromethyl)-1,3,4-thiadiazol-2-yl]oxy]acetamide on wheat and 
triticale for control of ryegrass in Idaho and Oregon. This regulation 
extends a time-limited tolerance for combined residues of the herbicide 
N-(4-fluorophenyl)-N-(1-methylethyl)-2-[[5-(trifluoromethyl)-1,3,4-
thiadiazol-2-yl]oxy]acetamide and its metabolites containing the 4-
fluoro-N-methylethyl benzenamine moiety in or on wheat grain at 1 part 
per million (ppm), wheat forage at 10 ppm, wheat hay at 2 ppm, wheat 
straw at 0.5 ppm, meat and fat of cattle, goats, horses, hogs, and 
sheep at 0.05 ppm, meat byproducts (other than kidney) of cattle, 
goats, horses, hogs, and sheep at 0.10 ppm and kidney of cattle, goats, 
horses, hogs, and sheep at 0.50 ppm for an additional two-year period. 
These tolerances will expire and are revoked on June 30, 2007. Time-
limited tolerances were originally published in the Federal Register of 
August 6, 1999 (64 FR 42839) (FRL-6091-9).
    Maneb. EPA has authorized under FIFRA section 18 the use of maneb 
on walnuts for control of bacterial blight in California. This 
regulation extends a time-limited tolerance for combined residues of 
the fungicide maneb (manganous ethylenebisdithiocarbamate) calculated 
as zinc ethylenebisdithiocarbamate, and its metabolite ethylenethiourea 
in or on walnuts at 0.05 ppm for an additional two-year period. This 
tolerance will expire and is revoked on December 31, 2007. A time-
limited tolerance was originally published in the Federal Registerof 
March 17, 1999 (64 FR 13097) (FRL-6067-9).
    Myclobutanil. EPA has authorized under FIFRA section 18 the use of 
myclobutanil on peppers for control of powdery mildew in California. 
This regulation extends a time-limited tolerance for combined of the 
fungicide myclobutanil alpha-butyl-alpha-(4-chlorophenyl)-1H-1,2,4-
triazole-1-propanenitrile and its alcohol metabolite (alpha-(3-
hydroxybutyl)-alpha-(4-chlorophenyl)-1H-1,2,4-triazole-1-propanenitrile 
(free and bound) in or on pepper at 1.0 ppm for an additional 3-year 
period. This tolerance will expire and is revoked on June 30, 2008. A 
time-limited tolerance was originally published in the Federal Register 
of September 16, 1998 (63 FR 49472) (FRL-6025-1).
    Pyriproxyfen. EPA has authorized under FIFRA section 18 the use of 
pyriproxyfen on succulent beans for control of whitefly in Florida and 
Georgia. This regulation extends a time-limited tolerance for combined 
of the insect grown regulator, pyriproxyfen 2-[1-methyl-2-(4- 
phenoxyphenoxy)ethoxy]pyridine in or on bean, succulent at 0.1 ppm for 
an additional 3-year period. This tolerance will expire and is revoked 
on June 30, 2008. A time-limited tolerance was originally published in 
the Federal Register of September 5, 2001 (66 FR 46390) (FRL-6798-6).
    Tebuconazole. EPA has authorized under FIFRA section 18 the use of 
tebuconazole on barley and/or wheat for control of Fusarium head blight 
in Kentucky, Illinois, Montana, and South Dakota. This regulation 
extends time-limited tolerances for residues of the fungicide tebucon-
azole (alpha-[2-(4-chlorophenyl)-ethyl]-alpha-(1,1-dimethylethyl)-1H-
1,2,4-triazole-1-ethanol) in or on barley grain at 2.0 ppm, barley hay 
at 20.0 ppm, and barley straw at 20.0 ppm; wheat hay at 15.0 ppm and 
wheat straw at 2.0 ppm for an additional 3-year period. These 
tolerances will expire and are revoked on June 30, 2008. Time-limited 
tolerances were originally published in the Federal Register on June 
20, 1997 (62 FR 33550) (FRL-5725-7).
    Terbacil. EPA has authorized under FIFRA section 18 the use of 
terbacil on watermelon for control of broadleaf weeds in Delaware and 
Virginia. This regulation extends a time-limited tolerance for combined 
residues of the herbicide terbacil (3-tert-Butyl-5- chloro -6-
methyluracil and its three metabolites 3-tert-butyl-5-chloro- 6-
hydroxymethyluracil, 6-chloro-2, 3-dihydro-7-hydroxymethyl 3,3- 
dimethyl-5H-oxazolo (3,2-a) pyrimidin-5-one, and 6-chloro-2,3-dihydro- 
3,3,7-trimethyl-5H-oxazolo (3,2-a) pyrimidin-5-one), calculated as 
terbacil in or on watermelon at 0.4 ppm for an additional 2-year 
period. This tolerance will expire and is revoked on June 30, 2007. A 
time-limited tolerance was originally published in the Federal Register 
of June 20, 1997 (62 FR 33557) (FRL-5718-7).
    Thymol. EPA has authorized under FIFRA section 18 the use of thymol 
in beehives for control of varroa mites in Arkansas, Colorado, 
Connecticut, Delaware, Florida, Georgia, Iowa, Idaho, Illinois, 
Indiana, Kansas, Kentucky, Maine, Maryland, Massachusetts, Michigan, 
Missouri, Minnesota, Mississippi, North Carolina, Nebraska, New Jersey, 
New York, Oregon, Pennsylvania, Tennessee, Texas, Utah, Vermont, and 
Washington. This regulation extends a time-limited exemption from the 
requirement of a tolerance for residues of the biopesticide thymol in 
or on honey and honeycomb

[[Page 37695]]

for an additional 2-year period. This exemption from the requirement of 
a tolerance will expire and is revoked on June 30, 2007. A time-limited 
exemption from the requirement of a tolerance was originally published 
in the Federal Register of June 6, 2003 (68 FR 33882) (FRL-7308-1).

III. Objections and Hearing Requests

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

A. What Do I Need to Do to File an Objection or Request a Hearing?

    You must file your objection or request a hearing on this 
regulation in accordance with the instructions provided in this unit 
and in 40 CFR part 178. To ensure proper receipt by EPA, you must 
identify docket ID number OPP-2005-0143 in the subject line on the 
first page of your submission. All requests must be in writing, and 
must be mailed or delivered to the Hearing Clerk on or before August 1, 
2005.
    1. Filing the request. Your objection must specify the specific 
provisions in the regulation that you object to, and the grounds for 
the objections (40 CFR 178.25). If a hearing is requested, the 
objections must include a statement of the factual issues(s) on which a 
hearing is requested, the requestor's contentions on such issues, and a 
summary of any evidence relied upon by the objector (40 CFR 178.27). 
Information submitted in connection with an objection or hearing 
request may be claimed confidential by marking any part or all of that 
information as CBI. Information so marked will not be disclosed except 
in accordance with procedures set forth in 40 CFR part 2. A copy of the 
information that does not contain CBI must be submitted for inclusion 
in the public record. Information not marked confidential may be 
disclosed publicly by EPA without prior notice.
    Mail your written request to: Office of the Hearing Clerk (1900L), 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001. You may also deliver your request to the 
Office of the Hearing Clerk in Suite 350, 1099 14th St., NW., 
Washington, DC 20005. The Office of the Hearing Clerk is open from 8 
a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The 
telephone number for the Office of the Hearing Clerk is (202) 564-6255.
    2. Copies for the Docket. In addition to filing an objection or 
hearing request with the Hearing Clerk as described in Unit III.A., you 
should also send a copy of your request to the PIRIB for its inclusion 
in the official record that is described in ADDRESSES. Mail your 
copies, identified by docket ID number OPP-2005-0143, to: Public 
Information and Records Integrity Branch, Information Resources and 
Services Division (7502C), Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001. In person or by courier, bring a copy to the location of the 
PIRIB described in ADDRESSES. You may also send an electronic copy of 
your request via e-mail to: opp-docket@epa.gov. Please use an ASCII 
file format and avoid the use of special characters and any form of 
encryption. Copies of electronic objections and hearing requests will 
also be accepted on disks in WordPerfect 6.1/8.0 file format or ASCII 
file format. Do not include any CBI in your electronic copy. You may 
also submit an electronic copy of your request at many Federal 
Depository Libraries.

B. When Will the Agency Grant a Request for a Hearing?

    A request for a hearing will be granted if the Administrator 
determines that the material submitted shows the following: There is a 
genuine and substantial issue of fact; there is a reasonable 
possibility that available evidence identified by the requestor would, 
if established resolve one or more of such issues in favor of the 
requestor, taking into account uncontested claims or facts to the 
contrary; and resolution of the factual issues(s) in the manner sought 
by the requestor would be adequate to justify the action requested (40 
CFR 178.32).

IV. Statutory and Executive Order Reviews

    This final rule establishes time-limited tolerances under section 
408 of the FFDCA. 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). Because this rule has been exempted from review under Executive 
Order 12866 due to its lack of significance, this 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 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) (Public Law 104-4). Nor 
does it require any 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 OMB review or any Agency action under Executive Order 13045, 
entitled Protection of Children from Environmental Health Risks and 
Safety Risks (62 FR 19885, April 23, 1997). This action does not 
involve any technical standards that would require Agency consideration 
of voluntary consensus standards pursuant to section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (NTTAA), 
Public Law 104-113, section 12(d) (15 U.S.C. 272 note). Since 
tolerances and exemptions that are established under section 408(l)(6) 
of the FFDCA in response to an exemption under FIFRA section 18, such 
as the tolerances 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. 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,

[[Page 37696]]

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 final rule directly regulates growers, 
food processors, food handlers and food retailers, not States. This 
action does not alter the relationships or distribution of power and 
responsibilities established by Congress in the preemption provisions 
of section 408(n)(4) of the FFDCA. For these same reasons, the Agency 
has determined that this 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 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 rule.

V. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of this final rule in the Federal Register. This 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: June 21, 2005.

Losi Rossi,
Director, Registration Division, Office of Pesticide Programs.

0
Therefore, 40 CFR chapter I is amended as follows:

PART 180--Tolerances and exemptions from tolerances for pesticide 
chemicals in food

0
1. The authority citation for part 180 continues to read as follows:

    Authority: 21 U.S.C. 321(q), 346a and 371.

Subpart C--[Amended]


Sec.  180.110  [Amended]

0
2. In Sec.  180.110, in the table to paragraph (b), amend the entry for 
walnut by revising the expiration date ``12/31/05'' to read ``12/31/
07.''


Sec.  180.209  [Amended]

0
3. In Sec.  180.209, in the table to paragraph (b), amend the entry for 
watermelon by revising the expiration date ``6/30/05'' to read ``6/30/
07.''


Sec.  180.442  [Amended]

0
4. In Sec.  180.442, in the table to paragraph (b), amend the entry for 
sweet potato, roots by revising the expiration date ``12/31/05'' to 
read ``12/31/08.''


Sec.  180.443  [Amended]

0
5. In Sec.  180.443, in the table to paragraph (b), amend the entry for 
pepper by revising the expiration date ``6/30/05'' to read ``6/30/08.''


Sec.  180.474  [Amended]

0
6. In Sec.  180.474, in the table to paragraph (b), amend the entries 
for barley, grain; barley, hay; barley, straw; wheat, hay; and wheat, 
straw by revising the expiration date ``06/30/05'' to read ``6/30/08.''


Sec.  180.510  [Amended]

0
7. In Sec.  180.510, in the table to paragraph (b), amend the entry for 
bean, succulent by revising the expiration date ``6/30/05'' to read 
``6/30/08.''


Sec.  180.527  [Amended]

0
8. In Sec.  180.527, in the table to paragraph (b), for all the 
entries, revise the expiration date ``6/30/05'' to read ``6/30/07.''

Subpart D--[Amended]

0
9. Section 180.1240 is revised to read as follows:


Sec.  180.1240  Thymol; exemption from the requirement of a tolerance.

    Time-limited exemptions from the requirement of a tolerance are 
established for residues of thymol on honey and honeycomb in connection 
with use of the pesticide under section 18 emergency exemptions granted 
by the EPA. These time-limited exemptions from the requirement of a 
tolerance for residues of thymol will expire and are revoked on June 
30, 2007.

0
10. Section 180.1241 is revised to read as follows:


Sec.  180.1241  Eucalyptus oil; exemption from the requirement of a 
tolerance.

    Time-limited exemptions from the requirement of a tolerance are 
established for residues of eucalyptus oil on honey and honeycomb in 
connection with use of the pesticide under section 18 emergency 
exemptions granted by the EPA. These time-limited exemptions from the 
requirement of a tolerance for residues of eucalyptus oil will expire 
and are revoked on June 30, 2007.

[FR Doc. 05-12919 Filed 6-29-05; 8:45 am]
BILLING CODE 6560-50-S