Extension of Tolerances for Emergency Exemptions (Multiple Chemicals), 37692-37696 [05-12919]
Download as PDF
<![CDATA[
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 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.
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
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/.
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]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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 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: 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(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/.
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
