Inert Ingredients; Proposal to Revoke 34 Pesticide Tolerance Exemptions for 31 Chemicals; Reopening of Comment Period, 45625-45626 [05-15606]
Download as PDF
Federal Register / Vol. 70, No. 151 / Monday, August 8, 2005 / Proposed Rules
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10.1 When should I use paired trains
for reference method testing? Although
not required, we recommend that you
should use paired-train reference
method testing to generate data used to
develop your PM CEMS correlation and
for RCA testing. Guidance on the use of
paired sampling trains can be found in
ACA Accuracy =
Where:
Where:
ACA Accuracy = The ACA accuracy at
each audit point, in percent,
CCEM = The PM concentration that
corresponds to your PM CEMS
response to the reference standard,
as calculated using the correlation
equation for your PM CEMS,
CRV = The PM concentration that
corresponds to the reference
standard value in units consistent
with CCEM, and
Cs = The PM concentration that
corresponds to the applicable
emission limit in units consistent
with CCEM.
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11. The authority citation for Part 63
continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
PART 63—NATIONAL EMISSION
STANDARDS FOR HAZARDOUS AIR
POLLUTANTS FOR SOURCE
CATEGORIES
12. In Method 303 of Appendix A, by
adding the following sentence to
Section 1.1:
Appendix A to Part 63—Test Methods
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Method 303—Determination of Visible
Emissions From By-Product Coke Oven
Batteries
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VerDate jul<14>2003
RV
× 100%
( Eq. 2-1a)
ACA Accuracy=The ACA accuracy at
each audit point, in percent,
ACA Accuracy =
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R CEM − R V
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20:26 Aug 05, 2005
Jkt 205001
1.0
C CEM − C RV
Cs
× 100%
1.1 Applicability. * * * In order for
the test method results to be indicative
of plant performance, the time of day of
the run should vary.
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P=’03’≤
[FR Doc. 05–15330 Filed 8–5–05; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[OPP–2005–0069; FRL–7729–4]
Inert Ingredients; Proposal to Revoke
34 Pesticide Tolerance Exemptions for
31 Chemicals; Reopening of Comment
Period
Environmental Protection
Agency (EPA).
ACTION: Proposed rule; reopening of
comment period.
AGENCY:
This document reopens the
public comment periodof EPA’s
proposal to revoke 34 exemptions from
the requirement of a tolerance that are
associated with 31 inert ingredients
because, according to Agency records,
these substances are no longer
contained in active Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA)
PO 00000
Frm 00055
Fmt 4702
Sfmt 4702
RCEM = Your PM CEMS response to the
reference standard, and
RV = The reference standard value.
( Eq. 2-1b)
Scope and Application
SUMMARY:
12.0 What calculations and data
analysis must I perform for my PM
CEMS?
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(2) How do I calculate ACA accuracy?
You must use either Equation 2–1a or 2–
1b to calculate ACA accuracy for each
of the three audit points. However,
when calculating ACA accuracy for the
first audit point (0 to 20 percent of
measurement range), you must use
Equation 2–1b to calculate ACA
accuracy if the reference standard value
(Rv) equals zero.
pesticide product registrations (70 FR
31401, June 1, 2005).
Comments, identified by the
docket identification (ID) number OPP–
2005–0069, must be received on or
before August 31, 2005.
DATES:
Follow the detailed
instructions as provided under
ADDRESSES in the Federal Register
document of June 1, 2005.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Karen Angulo, Registration Division
(7505C), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460–0001; telephone number:
(703) 306–0404; fax number: (703) 305–
0599; e-mail address:
angulo.karen@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this Action Apply to Me?
The Agency included in the proposed
rule a list of those who may be
potentially affected by this action. If you
have questions regarding the
applicability of this action to a
particular entity, consult the person
listed under FOR FURTHER INFORMATION
CONTACT.
E:\FR\FM\08AUP1.SGM
08AUP1
EP08AU05.091
Procedure 2—Quality Assurance
Requirements for Particulate Matter
Continuous Emission Monitoring
Systems at Stationary Sources
the PM CEMS Knowledge Document
(see section 16.5 of PS–11).
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10.4 What are my limits for
excessive audit inaccuracy?
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(3) What are the criteria for excessive
ACA error? Your PM CEMS is out of
control if the results of any ACA exceed
±10 percent of the average audit value,
as calculated using Equation 2–1a, or
7.5 percent of the applicable standard,
as calculated using Equation 2–1b,
whichever is greater.
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EP08AU05.090
10.4, paragraph (2) of Section 12.0 as
follows:
45625
45626
Federal Register / Vol. 70, No. 151 / Monday, August 8, 2005 / Proposed Rules
B. How Can I Access Electronic Copies
of this Document and Other Related
Information?
In addition to using EDOCKET (http:/
/www.epa.gov/edocket/), you may
access this Federal Register document
electronically through the EPA Internet
under the ‘‘Federal Register’’ listings at
https://www.epa.gov/fedrgstr/. A
frequently updated electronic version of
40 CFR part 180 is available at E-CFR
Beta Site Two at https://
www.gpoaccess.gov/ecfr/.
II. What Action is EPA taking?
This document reopens the public
comment period established in the
Federal Register issued on June 1, 2005
(FRL–7712–7) (70 FR 31401). In that
document, EPA sought comment on a
proposed rule revoking 34 exemptions
from the requirement of a tolerance that
are associated with 31 inert ingredients
because, according to Agency records,
these substances are no longer
contained in active FIFRA pesticide
product registrations. EPA is hereby
reopening the comment period, which
ended on August 1, 2005. Comments are
now due on or before August 31, 2005.
III. What is the Agency’s Authority for
Taking this Action?
The proposed rule is issued pursuant
to section 408(d) of FFDCA (21 U.S.C.
346a(d)). Section 408 of FFDCA
authorizes the establishment of
tolerances, exemptions from the
requirement of a tolerance,
modifications in tolerances, and
revocation of tolerances for residues of
pesticide chemicals in or on raw
agricultural commodities and processed
foods. Without a tolerance or tolerance
exemption, food containing pesticide
residues is considered to be unsafe and
therefore ‘‘adulterated’’ under section
402(a) of FFDCA. If food containing
pesticide residues is found to be
adulterated, the food may not be
distributed in interstate commerce (21
U.S.C. 331(a) and 342 (a)).
IV. Do Any Statutory and Executive
Order Reviews Apply to this Action?
No. This action is not a rulemaking,
it merely reopens the comment period
by which public comments on a
proposed rule must be submitted to
EPA. For information about the
applicability of the regulatory
assessment requirements to the
proposed rule, please refer to the
discussion in Unit IV. of theJune 1, 2005
document (70 FR 31403).
List of Subjects in 40 CFR Part 180
Environmental protection,
Administrative practice and procedure,
VerDate jul<14>2003
20:26 Aug 05, 2005
Jkt 205001
Agricultural commodities, Pesticides
and pests, Reporting and recordkeeping
requirements.
Dated: July 28, 2005.
Lois Rossi,
Director, Registration Division, Office of
Pesticide Programs.
[FR Doc. 05–15606 Filed 8–4–05; 9:07 am]
BILLING CODE 6560–50–S
FEDERAL MARITIME COMMISSION
46 CFR Part 531
[Docket No. 05–05]
RIN 3072–AC31
Non-Vessel-Operating Common Carrier
Service Arrangements
August 3, 2005.
Federal Maritime Commission.
Notice of proposed rulemaking.
AGENCY:
ACTION:
SUMMARY: The Federal Maritime
Commission is proposing changes to its
exemption for non-vessel-operating
common carriers (NVOCCs) from the
tariff publication requirements of the
Shipping Act of 1984. The proposed
rule would revise the exemption to
allow NVOCCs and shippers’
associations with NVOCC members to
act as shipper parties in NVOCC Service
Arrangements.
DATES: Submit original and 15 copies of
comments (paper), or e-mail comments
as an attachment in WordPerfect 10,
Microsoft Word 2003, or earlier versions
of these applications, no later than
August 23, 2005.
ADDRESSES: Address all comments
concerning this proposed rule to: Bryant
L. VanBrakle, Secretary, Federal
Maritime Commission, 800 North
Capitol Street, NW., Room 1046,
Washington, DC 20573–0001,
Secretary@fmc.gov.
FOR FURTHER INFORMATION CONTACT:
Amy W. Larson, General Counsel,
Federal Maritime Commission, 800 N.
Capitol St., NW., Washington, DC
20573–0001, (202) 523–5740,
generalcounsel@fmc.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On January 19, 2005, a final rule of
the Federal Maritime Commission
(‘‘FMC’’ or ‘‘Commission’’) exempting
non-vessel-operating common carriers
(‘‘NVOCCs’’) from certain tariff
publication requirements of the
Shipping Act of 1984, 46 U.S.C. app.
1701 et seq. (‘‘Shipping Act’’), became
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Frm 00056
Fmt 4702
Sfmt 4702
effective. 69 FR 75850 (December 20,
2004). The rule was issued pursuant to
the Commission’s authority under
section 16 of the Shipping Act, 46
U.S.C. app. 1715. The exemption
enables individual NVOCCs to offer
NVOCC Service Arrangements (‘‘NSAs’’)
to NSA shippers, provided that such
NSAs are filed with the Commission
and their essential terms are published
in the NVOCC’s tariff. The rule defines
an NSA as ‘‘a written contract, other
than a bill of lading or receipt, between
one or more NSA shippers and an
individual NVOCC in which the NSA
shipper makes a commitment to provide
a certain minimum quantity or portion
of its cargo or freight revenue over a
fixed time period, and the NVOCC
commits to a certain rate or rate
schedule and a defined service level.’’
46 CFR 531.3(p). The rule also defines
an ‘‘NSA shipper’’ as a cargo owner, the
person for whose account the ocean
transportation is provided, the person to
whom delivery is to be made, or a
shippers’ association. 46 CFR 531.3(o).
This definition, however, specifically
excludes NVOCCs and shippers’
associations with NVOCC members. Id.
The Commission previously stated
that it would continue to consider how
it could remove the limitations on
shipper participation while ensuring the
criteria of section 16 were met. 69 FR at
75852. The Commission now proposes
to remove those limitations.
II. Discussion
An NVOCC is defined by the
Shipping Act as ‘‘a common carrier that
does not operate the vessels by which
the ocean transportation is provided,
and is a shipper in its relationship with
an ocean common carrier.’’ 46 U.S.C.
app. 1702(17)(B). An NVOCC
simultaneously holds two transportation
´
roles—as a carrier vis-a-vis the shipper
to which it offers service, and as a
´
shipper vis-a-vis the ocean common
carrier from which it obtains service.
The Commission was concerned that
a court could interpret section 7(a)(2) of
the Shipping Act, 46 U.S.C. app.
1706(a)(2), to immunize NVOCCs acting
under filed NSAs from the antitrust
laws. Cf. United States v. Tucor, 189
F.3d 834 (9th Cir. 1999) (holding 46
U.S.C. app. 1706(a)(4) immunized a
price-fixing arrangement among
NVOCCs related to the foreign inland
provision of services). Therefore, the
exemption did not allow NVOCCs either
individually or as members of shippers’
associations to act as NSA shippers. 46
CFR 531.3(p).
On June 14, 2005, the U.S. Court of
Appeals for the Fourth Circuit found,
inter alia, that price fixing by two
E:\FR\FM\08AUP1.SGM
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Agencies
[Federal Register Volume 70, Number 151 (Monday, August 8, 2005)]
[Proposed Rules]
[Pages 45625-45626]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-15606]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[OPP-2005-0069; FRL-7729-4]
Inert Ingredients; Proposal to Revoke 34 Pesticide Tolerance
Exemptions for 31 Chemicals; Reopening of Comment Period
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule; reopening of comment period.
-----------------------------------------------------------------------
SUMMARY: This document reopens the public comment periodof EPA's
proposal to revoke 34 exemptions from the requirement of a tolerance
that are associated with 31 inert ingredients because, according to
Agency records, these substances are no longer contained in active
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) pesticide
product registrations (70 FR 31401, June 1, 2005).
DATES: Comments, identified by the docket identification (ID) number
OPP-2005-0069, must be received on or before August 31, 2005.
ADDRESSES: Follow the detailed instructions as provided under ADDRESSES
in the Federal Register document of June 1, 2005.
FOR FURTHER INFORMATION CONTACT: Karen Angulo, Registration Division
(7505C), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone
number: (703) 306-0404; fax number: (703) 305-0599; e-mail address:
angulo.karen@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this Action Apply to Me?
The Agency included in the proposed rule a list of those who may be
potentially affected by this action. If you have questions regarding
the applicability of this action to a particular entity, consult the
person listed under FOR FURTHER INFORMATION CONTACT.
[[Page 45626]]
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. What Action is EPA taking?
This document reopens the public comment period established in the
Federal Register issued on June 1, 2005 (FRL-7712-7) (70 FR 31401). In
that document, EPA sought comment on a proposed rule revoking 34
exemptions from the requirement of a tolerance that are associated with
31 inert ingredients because, according to Agency records, these
substances are no longer contained in active FIFRA pesticide product
registrations. EPA is hereby reopening the comment period, which ended
on August 1, 2005. Comments are now due on or before August 31, 2005.
III. What is the Agency's Authority for Taking this Action?
The proposed rule is issued pursuant to section 408(d) of FFDCA (21
U.S.C. 346a(d)). Section 408 of FFDCA authorizes the establishment of
tolerances, exemptions from the requirement of a tolerance,
modifications in tolerances, and revocation of tolerances for residues
of pesticide chemicals in or on raw agricultural commodities and
processed foods. Without a tolerance or tolerance exemption, food
containing pesticide residues is considered to be unsafe and therefore
``adulterated'' under section 402(a) of FFDCA. If food containing
pesticide residues is found to be adulterated, the food may not be
distributed in interstate commerce (21 U.S.C. 331(a) and 342 (a)).
IV. Do Any Statutory and Executive Order Reviews Apply to this Action?
No. This action is not a rulemaking, it merely reopens the comment
period by which public comments on a proposed rule must be submitted to
EPA. For information about the applicability of the regulatory
assessment requirements to the proposed rule, please refer to the
discussion in Unit IV. of theJune 1, 2005 document (70 FR 31403).
List of Subjects in 40 CFR Part 180
Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.
Dated: July 28, 2005.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 05-15606 Filed 8-4-05; 9:07 am]
BILLING CODE 6560-50-S