Extension of Tolerances for Emergency Exemptions (Multiple Chemicals), 75734-75739 [05-24322]
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Federal Register / Vol. 70, No. 244 / Wednesday, December 21, 2005 / Rules and Regulations
AGENCY:
on pallets maintain their integrity to a
greater degree than bundles in sacks.
Our new standards will help increase
the volume of mail on pallets by
revising the requirements for pallet
preparation.
Mailing Standards of the United
States Postal Service, Domestic Mail
Manual (DMM) 705.8.5.2 requires
mailers who prepare bundles of flat-size
mail or bundles of irregular parcels on
pallets to prepare a pallet to a required
sortation level if a mailing contains 500
or more pounds of bundles.
Under this final rule, after preparing
all other pallets at the 500-pound
required minimum, if there are 250 or
more pounds of bundles labeled to
destinations within the ZIP Code range
for an area distribution center (ADC), a
mailer who prepares bundles of
Periodicals flat-size mail or irregular
parcels on pallets must prepare the ADC
pallet. If there are 250 or more pounds
of bundles labeled to destinations
within the ZIP Code range for a bulk
mail center/auxiliary service facility
(BMC/ASF), a mailer who prepares
bundles of Standard Mail and Package
Services flat-size mail or irregular
parcels on pallets must prepare the
BMC/ASF pallet. If a mailing does not
contain any ADC or BMC/ASF pallets
and there are 250 or more pounds for an
SCF, the mailer must prepare the SCF
pallet.
In addition to these changes, we are
removing text in 705.8.5.2 about
labeling pallets and optional bundle
reallocation, because we cover these
topics in detail elsewhere in the DMM.
ACTION:
Comments Received
1.05–1(a)–(d); and, Department of
Homeland Security Delegation No.
0170.1, the Coast Guard amends titles
33 and 46 of the Code of Federal
Regulations as set forth below:
I 1. Wherever it appears in chapters I of
titles 33 and/or 46, the phrase
‘‘Commanding Officer, Marine Safety
Center (MSC) 400 Seventh Street, SW.,
Room 6302, Nassif Building,
Washington, DC 20590–0001’’ is revised
to read ‘‘Commanding Officer (MSC),
USCG Marine Safety Center, 1900 Half
Street, SW., Suite 1000, Room 525,
Washington, DC 20024 for visitors and
private courier service delivery. Send all
regular mail to Commanding Officer
(MSC), USCG Marine Safety Center,
2100 2nd Street, SW., Washington, DC
20593.’’
I 2. Wherever it appears in chapters I of
titles 33 and/or 46, the phrase ‘‘U.S.
Coast Guard Marine Safety Center (G–
MSC)’’ is revised to read ‘‘U.S. Coast
Guard Marine Safety Center (MSC)’’.
Dated: December 15, 2005.
Stefan G. Venckus,
Chief, Office of Regulations and
Administrative Law, United States Coast
Guard.
[FR Doc. 05–24319 Filed 12–20–05; 8:45 am]
BILLING CODE 4910–15–P
POSTAL SERVICE
39 CFR Part 111
New Preparation Requirements for
Bundles of Mail on Pallets
Postal Service.
Final rule.
This final rule changes
preparation requirements for bundles of
Periodicals, Standard Mail, and Package
Services flat-size mail or irregular
parcels on pallets. The rule gives the
conditions under which mailers must
prepare an area distribution center, bulk
mail center/auxiliary service facility, or
sectional center facility pallet with 250
or more pounds of bundles.
DATES: Effective Date: May 11, 2006.
FOR FURTHER INFORMATION CONTACT: Julia
Carroll, 202–268–2108.
SUPPLEMENTARY INFORMATION: On
September 30, 2005, the Postal
ServiceTM published for comment in the
Federal Register (70 FR 57237) a
proposal to change preparation
requirements for bundles of mail on
pallets.
Bundles of flat-size mailpieces or
irregular parcels on pallets are easier
and less costly for us to handle than
bundles in sacks. In addition, bundles
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We requested comments on the
proposal by October 31, 2005. We
received two comments, one from a
publisher and one from a mailing
association. Both supported the
proposal.
For the reasons discussed above, the
Postal Service adopts the following
amendments to Mailing Standards of the
United States Postal Service, Domestic
Mail Manual (DMM), incorporated by
reference in the Code of Federal
Regulations. See 39 CFR 111.1.
List of Subjects in 39 CFR Part 111
Administrative practice and
procedure, Postal Service.
2. Revise the following sections of
Mailing Standards of the United States
Postal Service, Domestic Mail Manual
(DMM), as follows:
I
700
Special Standards
*
*
*
*
*
705 Advanced Preparation and
Special Postage Payment Systems
*
*
*
8.0
Preparation for Pallets
*
*
*
*
8.5
General Preparation
*
*
*
*
*
*
*
*
8.5.2 Required Preparation
[Revise 8.5.2 to require ADC, BMC/
ASF, or SCF pallets at 250 pounds of
bundles, as follows:]
The following standards apply to
Periodicals, Standard Mail, and Package
Services, except Parcel Post mailed at
BMC Presort, OBMC Presort, DSCF, and
DDU rates.
a. Mailers must prepare a pallet to the
required sortation level(s) for the class
of mail when a mailing contains 500 or
more pounds of bundles, sacks, or
parcels or 72 linear feet or six layers of
letter trays for the destination.
b. For bundles of flat-size mailpieces
or bundles of irregular parcels on
pallets, after preparing all possible
pallets under 8.5.2a, when 250 or more
pounds of bundles remain for an ADC
(Periodicals) or for a BMC/ASF
(Standard Mail and Package Services),
mailers must prepare the ADC or BMC/
ASF pallet, as applicable for the class of
mail. Exception: If there are no ADC or
BMC/ASF pallets in a mailing and 250
or more pounds remain for an SCF,
mailers must prepare the SCF pallet.
c. If bundles remain that cannot be
prepared on an ADC, BMC/ASF, or SCF
pallet, mailers must place those bundles
in sacks (8.9.1).
*
*
*
*
*
Neva R. Watson,
Attorney, Legislative.
[FR Doc. 05–24209 Filed 12–20–05; 8:45 am]
BILLING CODE 7710–12–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
PART 111—[AMENDED]
[EPA–HQ–OPP–2005–0292]; FRL–7749–4]
1. The authority citation for 39 CFR
Part 111 continues to read as follows:
Authority: 5 U.S.C. 552(a); 39 U.S.C. 101,
401, 403, 414, 416, 3001–3011, 3201–3219,
3403–3406, 3621, 3626, 5001.
Extension of Tolerances for
Emergency Exemptions (Multiple
Chemicals)
AGENCY:
I
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Environmental Protection
Agency (EPA).
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Federal Register / Vol. 70, No. 244 / Wednesday, December 21, 2005 / Rules and Regulations
ACTION:
Final rule.
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 EPA–HQ–OPP–2005–0292. All
documents in the docket are on the
www.regulations.gov web site.
(EDOCKET, EPA’s electronic public
docket and comment system was
replaced on November 25, 2005, by an
enhanced federal-wide electronic docket
management and comment system
located at https://www.regulations.gov/.
Follow the on-line instructions.)
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
ADDRESSES:
SUMMARY: This regulation extends timelimited 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
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
December 21, 2005. Objections and
requests for hearings must be received
on or before February 21, 2006.
Pesticide/CFR cite
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov 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.
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.
FOR FURTHER INFORMATION CONTACT:
Contact person
Diflubenzuron, 180.377;
Maneb, 180.110;
Propiconazole, 180.434;
Tebuconazole, 180.474
Libby Pemberton
Sec-18-Mailbox@epamail.epa.gov
(703) 308–9364
Lambda-cyhalothrin, 180.438;
Spinosad, 180.495
Andrew Ertman
Sec-18-Mailbox@epamail.epa.gov
(703) 308–9367
Methoxyfenozide, 180.544
Stacey Milan Groce
Sec-18-Mailbox@epamail.epa.gov
(703) 305–2505
Difenoconazole, 180.475;
Fenbuconazole, 180.480;
Thiophanate methyl, 180.371
Andrea Conrath
Sec-18-Mailbox@epamail.epa.gov
(703) 308–9356
SUPPLEMENTARY INFORMATION:
I. General Information
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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
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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,
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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
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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
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:
Difenoconazole. EPA has authorized
under FIFRA section 18 the use of
difenoconazole on sweet corn seed for
control of various fungal diseases in
Colorado and Idaho. This regulation
extends time-limited tolerances for
residues of the fungicide
difenoconazole, (2S,4R)/(2R,4S)/
(2R,4R)/(2S,4S)]1-[2-[4- (4chlorophenoxy)-2-chlorophenyl]-4methyl-1,3-dioxolan-2-yl-methyl]- 1H1,2,4-triazole in or on sweet corn seed,
forage, and stover at 0.1 part per million
(ppm) for an additional 3–year period.
These tolerances will expire and are
revoked on December 31, 2008. Timelimited tolerances were originally
published in the Federal Register of
September 1, 1999 (64 FR 47680) (FRL–
6094–3).
Diflubenzuron. EPA has authorized
under FIFRA section 18 the use of
diflubenzuron on wheat and barley for
control of grasshoppers in Montana,
Washington, and Idaho. This regulation
extends time-limited tolerances for
combined residues of the insecticide
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diflubenzuron, N-[[(4chlorophenyl)amino]carbonyl]-2,6difluorobenzamide and its metabolites
4-chlorophenlyurea and 4-chloroaniline
(CPU) and (PCA) in or on wheat and
barley grain at 0.05 ppm, wheat and
barley straw at 0.50 ppm, wheat and
barley hay at 1.0 ppm, wheat milled
byproducts at 0.10 ppm, and aspirated
grain fractions at 30 ppm for an
additional 3–year period. These
tolerances will expire and are revoked
on December 31, 2008. Time-limited
tolerances were originally published in
the Federal Register of August 27, 2003
(68 FR 51479) (FRL–7323–1).
Fenbuconazole. EPA has authorized
under FIFRA section 18 the use of
fenbuconazole on grapefruit for control
of greasy spot disease in Florida. This
regulation extends time-limited
tolerances for combined residues of the
fungicide fenbuconazole and its
metabolites RH-9129 and RH-9130,
expressed as the parent fenbuconazole,
in or on whole grapefruit at 0.5 ppm, at
4.0 ppm in/on dried grapefruit, at 35
ppm in/on grapefruit oil; and at 0.1 ppm
in/on meat and meat by-products of
cattle, goats, hogs, horses, and sheep for
an additional 3–year period. These
tolerances will expire and are revoked
on December 31, 2008. Time-limited
tolerances were originally published in
the Federal Register of January 29, 1999
(64 FR 4577) (FRL6054–3).
Lambda-cyhalothrin. EPA has
authorized under FIFRA section 18 the
use of lambda-cyhalothrin on barley for
control of the Russian wheat aphid and
cutworms in Idaho, Colrado, Wyoming
and Montana. This regulation extends
time-limited tolerances for combined
residues of the pyrethroid lambdacyhalothrin, 1:1 mixture of (S)-a-cyano3-phenoxybenzyl-(Z)- (1R,3R)-3-(2chloro-3,3,3-trifluoroprop-1-enyl) -2,2dimethylcyclopropanecarboxylate and
(R)-a-cyano-3-phenoxybenzyl- (Z)(1S,3S)-3-(2-chloro-3,3,3- trifluoroprop1- enyl)-2,2dimethylcyclopropanecarboxylate and
its epimer expressed as epimer of
lambda-cyhalothrin, a 1:1 mixture of
(S)-a-cyano-3- phenoxybenzyl-(Z)(1S,3S) -3-(2-chloro-3,3,3-trifluoroprop1-enyl) -2,2dimethylcyclopropanecarboxylate and
(R)-a-cyano-3- phenoxybenzyl-(Z)(1R,3R)-3-(2-chloro-3,3,3- trifluoroprop1-enyl)- 2,2dimethylcyclopropanecarboxylate in or
on barley grain at 0.05 ppm, barley bran
at 0.2 ppm, and barley hay and straw at
2.0 ppm for an additional 3–year period.
These tolerances will expire and are
revoked on December 31, 2008. Timelimited tolerances were originally
published in the Federal Register of
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October 29, 1997 (62 FR 56095) (FRL–
5745–5).
Lambda-cyhalothrin. EPA has
authorized under FIFRA section 18 the
use of lambda-cyhalothrin on alfalfa/
clover/grass mixed stands for control of
potato leafhoppers in New York. This
regulation extends time-limited
tolerances for combined residues of the
pyrethroid lambda-cyhalothrin, 1:1
mixture of (S)-a-cyano-3phenoxybenzyl-(Z)-(1R,3R)-3-(2-chloro3,3,3-trifluoroprop-1-enyl)-2,2dimethylcyclopropanecarboxylate and
(R)-a-cyano-3-phenoxybenzyl- (Z)(1S,3S)-3-(2-chloro-3,3,3- trifluoroprop1- enyl)-2,2dimethylcyclopropanecarboxylate and
its epimer expressed as epimer of
lambda-cyhalothrin, a 1:1 mixture of
(S)-a-cyano-3- phenoxybenzyl-(Z)(1S,3S) -3-(2-chloro-3,3,3-trifluoroprop1-enyl) -2,2dimethylcyclopropanecarboxylate and
(R)-a-cyano-3- phenoxybenzyl-(Z)(1R,3R)-3-(2-chloro-3,3,3- trifluoroprop1-enyl)- 2,2dimethylcyclopropanecarboxylate in or
on Clover, forage at 5.0 ppm; Clover,
hay at 6.0 ppm; Grass, forage at 5.0 ppm;
and Grass, hay at 6.0 ppm for an
additional 3–year period. These
tolerances will expire and are revoked
on December 31, 2008. Time-limited
tolerances were originally published in
the Federal Registers of January 3, 2003
(68 FR 283) (FRL–7285–2) and
September 3, 2003 (68 FR 52354)(FRL–
7321–3).
Lambda-cyhalothrin. EPA has
authorized under FIFRA section 18 the
use of lambda-cyhalothrin on wild rice
for control of rice worms in Minnesota.
This regulation extends a time-limited
tolerance for combined residues of the
pyrethroid lambda-cyhalothrin, 1:1
mixture of (S)-a-cyano-3phenoxybenzyl-(Z)- (1R,3R)-3-(2-chloro3,3,3- trifluoroprop-1-enyl)-2,2dimethylcyclopropanecarboxylate and
(R)-a-cyano-3-phenoxybenzyl- (Z)(1S,3S)-3-(2-chloro-3,3,3- trifluoroprop1- enyl)-2,2dimethylcyclopropanecarboxylate and
its epimer expressed as epimer of
lambda-cyhalothrin, a 1:1 mixture of
(S)-a-cyano-3- phenoxybenzyl-(Z)(1S,3S) -3-(2-chloro-3,3,3-trifluoroprop1-enyl) -2,2dimethylcyclopropanecarboxylate and
(R)-a-cyano-3- phenoxybenzyl-(Z)(1R,3R)-3-(2-chloro-3,3,3- trifluoroprop1-enyl)- 2,2dimethylcyclopropanecarboxylate in or
on rice, wild at 1.0 ppm for an
additional 3–year period. These
tolerances will expire and are revoked
on December 31, 2008. The time-limited
tolerance was originally published in
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the Federal Register of January 3, 2003
(68 FR 283) (FRL–7285–2).
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
1–year period. This tolerance will
expire and is revoked on December 31,
2008. A time-limited tolerance was
originally published in the Federal
Register on March 17, 1999 (64 FR
13097) (FRL–6067–9).
Methoxyfenozide. EPA has authorized
under FIFRA section 18 the use of
methoxyfenozide on soybeans for
control of soybean loopers and salt
marsh catepillars in Mississippi,
Louisiana, and Arkansas. This
regulation extends a time-limited
tolerance for residues of the insecticide
methoxyfenozide, benzoic acid, 3methoxy-2-methyl-2-(3,5dimethylbenzoyl)-2-(1,1dimethylethyl)hydrazide in or on
soybean aspirated grain fractions at 20
ppm, soybean seed at 0.04 ppm,
soybean forage at 10 ppm, soybean hay
at 75 ppm, and soybean refined oil at
1.0 ppm for an additional 2–year period.
These tolerances will expire and are
revoked on December 31, 2007. Timelimited tolerances were originally
published in the Federal Register on
November 2, 2001 (66 FR 55585) (FRL–
6806–4).
Propiconazole. EPA has authorized
under FIFRA section 18 the use of
propiconazole on cranberries for control
of cottonball disease in Wisconsin. This
regulation extends a time-limited
tolerance for combined residues of the
fungicide propiconazole, 1-[[2-(2,4dichlorophenyl)-4-propyl-1,3-dioxolan2-yl]methyl]-1H-1,2,4-triazole and its
metabolites determined as 2,4dichlorobenzoic acid and expressed as
parent compound in or on cranberry 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 Register on April 11, 1997
(62 FR 17710) (FRL–5600–5).
Spinosad. EPA has authorized under
FIFRA section 18 the use of spinosad on
alfalfa for control of armyworms in New
Mexico and on pastureland and
rangeland for control of armyworms in
Arkansas, Mississippi, and Oregon. This
regulation extends time-limited
tolerances for combined residues of the
insecticide spinosad, Factor A is 2-[(6-
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deoxy-2,3,4-tri-O-methyl-o-Lmannopyranosyl)oxy]-13-[[5(dimethlamino)-tetrahydro-6-methyl2H-pyran-2-yl]oxy]9-ethyl2,3,3a,5a,6,9,10,11,12,13,14,16a,6b,
tetradecahydro-14-methyl-1H-asIndaceno[3,2d]oxacyclododecin-7,15dione. Factor D is 2-[6-deoxy-2,3,4-tri-Omethyl-o-L-mannopyranosyl)oxy]13-[[5(dimethylamino)-tetrahydri-6-methyl2H-pyran-2-yl]oxy]-9-ethyl2,3,3a,5a,5b,6,9,10,11,12,13,14,16a,16btetradecahydro-4,14,dimethyl-1H-asIndaceno[3,2d]oxacyclododecin-7,15dione. in or on alfalfa forage at 4.0 ppm;
alfalfa hay at 4.0 ppm; grass forage at 7.0
ppm; and grass hay at 7.0 ppm; for an
additional 3–year period. These
tolerances will expire and are revoked
on December 31, 2008. A time-limited
tolerance was originally published for
sunflowers in the Federal Register of
January 9, 2001 (66 FR 1592) (FRL–
6760–2).
Tebuconazole. EPA has authorized
under FIFRA section 18 the use of
tebuconazole on garlic for control of
garlic rust in California. This regulation
extends a time-limited tolerance for
residues of the fungicide tebuconazole
in or on garlic at 0.1 ppm for an
additional 2–year period. This tolerance
will expire and is revoked on December
31, 2007. A time-limited tolerance was
originally published in the Federal
Register on May 26, 1999 (64 FR 28377)
(FRL–6079–1).
Tebuconazole. EPA has authorized
under FIFRA section 18 the use of
tebuconazole on sunflowers for control
of rust in Colorado. This regulation
extends a time-limited tolerance for
residues of the fungicide tebuconazole
in or on sunflower oil at 0.4 ppm and
sunflower seed at 0.2 ppm for an
additional 2–year period. This tolerance
will expire and is revoked on December
31, 2007. A time-limited tolerance was
originally published in the Federal
Register on June 20, 1997 (62 FR 33550)
(FRL–5725–7).
Thiophanate methyl. EPA has
authorized under FIFRA section 18 the
use of thiophanate methyl on fruiting
vegetables, including tomato, for control
of white mold in Florida, Virginia, and
New Jersey. This regulation extends a
crop group time-limited tolerance for
residues of the fungicide thiophanate
methyl and its metabolite methyl 2benzimidazoyl carbamate (MBC) in or
on the fruiting vegetable crop group at
0.5 ppm for an additional 3–year period.
This crop group tolerance will expire
and is revoked on December 31, 2008.
The time-limited tolerance was
originally published in the Federal
Register on July 23, 2003 (68 FR 43465)
(FRL–7317–5).
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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
EPA–HQ–OPP–2005–0292 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 January 20, 2006.
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 issue(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,
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Federal Register / Vol. 70, No. 244 / Wednesday, December 21, 2005 / Rules and Regulations
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
EPA–HQ–OPP–2005–0292, to: Public
Information and Records Integrity
Branch, Information Technology and
Resource Management 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.
rmajette on PROD1PC67 with RULES
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
issue(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
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
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14:47 Dec 20, 2005
Jkt 208001
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,
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
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Fmt 4700
Sfmt 4700
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.
E:\FR\FM\21DER1.SGM
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Federal Register / Vol. 70, No. 244 / Wednesday, December 21, 2005 / Rules and Regulations
Dated: December 15, 2005.
Rachel C. Holloman,
Acting Director, Registration Division, Office
of Pesticide Programs.
Therefore, 40 CFR chapter I is
amended as follows:
I
PART 180—[AMENDED]
1. The authority citation for part 180
continues to read as follows:
I
Authority: 21 U.S.C. 321(q), 346a and 371.
Cattle, fat; Cattle, meat byproducts;
Cattle, meat; Goat, fat; Goat, meat
byproducts; Goat, meat; Grapefruit;
Grapefruit, dried pulp; Grapefruit oil;
Hogs, fat; Hogs, meat byproducts; Hogs,
meat; Horse, fat; Horse, meat
byproducts; Horse, meat; Sheep, fat;
Sheep, meat byproducts; and, Sheep,
meat; by revising the expiration dates
‘‘12/31/05’’ to read ‘‘12/31/08.’’
§ 180.495
[Amended]
2. In § 180.110, in the table to
paragraph (b), amend the entry for
Walnuts by revising the expiration date
‘‘12/31/07’’ to read ‘‘12/31/08.’’
11. In § 180.495, in the table to
paragraph (b), amend the entries for
Alfalfa, forage; Alfalfa, hay; Grass,
forage; and Grass, hay; by revising the
expiration date ‘‘12/31/05’’ to read ‘‘12/
31/08.’’
§ 180.371
§ 180.544
§ 180.110
I
[Amended]
I
[Amended]
3. In § 180.371, in the table to
paragraph (b), amend the entry for
Vegetables, Fruiting, Group 8 by
revising the expiration date ‘‘12/31/05’’
to read ‘‘12/31/08.’’
I
§ 180.377
[Amended]
4. In § 180.377, in the table to
paragraph (b), amend the entries for
Barley, grain; Barley, hay; Barley, straw;
Wheat, aspirated grain fractions; Wheat,
grain; Wheat, hay; Wheat, milled
byproducts; and Wheat, straw by
revising the expiration date ‘‘12/31/05’’
to read ‘‘12/31/08.’’
I
§ 180.434
[Amended]
[Amended]
[Amended]
8. In § 180.474, in the table to
paragraph (b), amend the entries for
Garlic; Sunflower, oil and Sunflower,
seed by revising the expiration date ‘‘12/
31/05’’ to read ‘‘12/31/07.’’
[Amended]
9. In § 180.475, in the table to
paragraph (b), amend the entries for
Corn, sweet (kernel + cob with husk
removed; Corn, sweet, forage; and Corn,
sweet, stover by revising the expiration
dates ‘‘12/31/05’’ to read ‘‘12/31/08.’’
rmajette on PROD1PC67 with RULES
I
[Amended]
10. In § 180.480, in the table to
paragraph (b), amend the entries for
I
VerDate Aug<31>2005
15:13 Dec 20, 2005
47 CFR Part 15
Federal Communications
Commission.
ACTION: Final rule.
I
§ 180.480
FEDERAL COMMUNICATIONS
COMMISSION
AGENCY:
6. In § 180.438, in the table to
paragraph (b), amend the entries for
Barley, bran; Barley, grain; Barley, hay;
Barley, straw; Clover, forage; Clover,
hay; Grass, forage; Grass, hay; Rice, wild
by revising the expiration dates ‘‘12/31/
05’’ to read ‘‘12/31/08.’’
§ 180.475
BILLING CODE 6560–50–S
DTV Tuner Requirements
I
§ 180.474
[FR Doc. 05–24322 Filed 12–20–05; 8:45 am]
[ET Docket No. 05–24; FCC 05–190]
5. In § 180.434, in the table to
paragraph (b), amend the entry for
Cranberry by revising the expiration
date ‘‘12/31/05’’ to read ‘‘12/31/07.’’
I
§ 180.438
[Amended]
12. In § 180.544, in the table to
paragraph (b), amend the entries for
Soybean, aspirated grain fractions;
Soybean, forage; Soybean, hay; Soybean,
refined oil; Soybean, seed by revising
the expiration date ‘‘12/31/05’’ to read
‘‘12/31/07.’’
I
Jkt 208001
SUMMARY: This document modifies the
rules to advance the date on which new
television receivers with certain screen
sizes and other TV receiving devices
such as VCRs and digital video
recorders, must include the capability to
receive digital television signals forward
four months. This action is intended to
further the Commission’s efforts to
ensure that consumers are able to
receive off-the-air digital broadcast
television services as soon as possible.
DATES: Effective January 20, 2006.
FOR FURTHER INFORMATION CONTACT:
Alan Stillwell, Office of Engineering
and Technology, (202) 418–2925, email: Alan.Stillwell@fcc.gov, TTY (202)
418–2989.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Second
Report and Order, ET Docket No. 05–24,
FCC 05–190, adopted November 3, 2005
and released November 8, 2005. The full
text of this document is available on the
Commission’s Internet site at https://
PO 00000
Frm 00027
Fmt 4700
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75739
www.fcc.gov. It is also available for
inspection and copying during regular
business hours in the FCC Reference
Center (Room CY–A257), 445 12th
Street, SW., Washington, DC 20554. The
full text of this document also may be
purchased from the Commission’s
duplication contractor, Best Copy and
Printing Inc., Portals II, 445 12th St.,
SW., Room CY–B402, Washington, DC
20554; telephone (202) 488–5300; fax
(202) 488–5563; e-mail
FCC@BCPIWEB.COM.
Congressional Review Act
The Commission will send a copy of
this Second Report and Order, in a
report to be sent to Congress and the
General Accounting Office pursuant to
the Congressional Review Act, see 5
U.S.C. 801(a)(1)(A).
Summary of the Report and Order
1. The Commission modified its rules
to advance the date on which new
television receivers with screen sizes
13–24″ and certain other TV receiving
devices such as VCRs and digital video
recorders must include the capability to
receive broadcast digital television
signals from the current date of July 1,
2007 to March 1, 2007. The Commission
also amended its rules to apply the
digital television reception capability
requirement to new receivers with
screen sizes smaller than 13″ on this
same schedule. The DTV reception
requirement, which also often is termed
the ‘‘DTV tuner requirement,’’ is being
implemented under an approach that
applies it first to large screen receivers
and then progressively to smaller screen
receivers and other devices over a
period of several years. The
modifications made herein affect the
final step of this phase-in plan. With
these changes, the scheduled
implementation plan will provide for all
new TV receiver equipment to include
digital reception capability as of March
1, 2007.
2. This action follows the
Commission’s previous decision in the
Report and Order and Further Notice of
Proposed Rulemaking (R&O/FNPRM),
70 FR 38800 and 38845, July 6, 2005, in
this proceeding to advance the date on
which 100 percent of TV receivers with
screen sizes 25–36″ must include digital
reception capability to March 1, 2006. In
this regard, the Commission continues
to believe that it is essential that DTV
reception capability be provided to
consumers in new TV receivers as
rapidly as possible in order to promote
an expeditious completion of the
transition from analog to digital
broadcast television service. Consistent
with that objective, our goal in this
E:\FR\FM\21DER1.SGM
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]]>Agencies
[Federal Register Volume 70, Number 244 (Wednesday, December 21, 2005)]
[Rules and Regulations]
[Pages 75734-75739]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-24322]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[EPA-HQ-OPP-2005-0292]; FRL-7749-4]
Extension of Tolerances for Emergency Exemptions (Multiple
Chemicals)
AGENCY: Environmental Protection Agency (EPA).
[[Page 75735]]
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
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 December 21, 2005. Objections and
requests for hearings must be received on or before February 21, 2006.
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 EPA-HQ-OPP-2005-0292. All documents in the docket are on the
www.regulations.gov web site. (EDOCKET, EPA's electronic public docket
and comment system was replaced on November 25, 2005, by an enhanced
federal-wide electronic docket management and comment system located at
https://www.regulations.gov/. Follow the on-line instructions.) 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
through www.regulations.gov 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
------------------------------------------------------------------------
Diflubenzuron, 180.377; Libby Pemberton
Maneb, 180.110;......................... Sec-18-Mailbox@epamail.epa.gov
Propiconazole, 180.434;................. (703) 308-9364
Tebuconazole, 180.474...................
-----------------------------------------
Lambda-cyhalothrin, 180.438; Andrew Ertman
Spinosad, 180.495....................... Sec-18-Mailbox@epamail.epa.gov
(703) 308-9367
-----------------------------------------
Methoxyfenozide, 180.544 Stacey Milan Groce
Sec-18-Mailbox@epamail.epa.gov
(703) 305-2505
-----------------------------------------
Difenoconazole, 180.475; Andrea Conrath
Fenbuconazole, 180.480;................. Sec-18-Mailbox@epamail.epa.gov
Thiophanate methyl, 180.371............. (703) 308-9356
------------------------------------------------------------------------
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
[[Page 75736]]
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 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:
Difenoconazole. EPA has authorized under FIFRA section 18 the use
of difenoconazole on sweet corn seed for control of various fungal
diseases in Colorado and Idaho. This regulation extends time-limited
tolerances for residues of the fungicide difenoconazole, (2S,4R)/
(2R,4S)/(2R,4R)/(2S,4S)]1-[2-[4- (4-chlorophenoxy)-2-chlorophenyl]-4-
methyl-1,3-dioxolan-2-yl-methyl]- 1H-1,2,4-triazole in or on sweet corn
seed, forage, and stover at 0.1 part per million (ppm) for an
additional 3-year period. These tolerances will expire and are revoked
on December 31, 2008. Time-limited tolerances were originally published
in the Federal Register of September 1, 1999 (64 FR 47680) (FRL-6094-
3).
Diflubenzuron. EPA has authorized under FIFRA section 18 the use of
diflubenzuron on wheat and barley for control of grasshoppers in
Montana, Washington, and Idaho. This regulation extends time-limited
tolerances for combined residues of the insecticide diflubenzuron, N-
[[(4-chlorophenyl)amino]carbonyl]-2,6- difluorobenzamide and its
metabolites 4-chlorophenlyurea and 4-chloroaniline (CPU) and (PCA) in
or on wheat and barley grain at 0.05 ppm, wheat and barley straw at
0.50 ppm, wheat and barley hay at 1.0 ppm, wheat milled byproducts at
0.10 ppm, and aspirated grain fractions at 30 ppm for an additional 3-
year period. These tolerances will expire and are revoked on December
31, 2008. Time-limited tolerances were originally published in the
Federal Register of August 27, 2003 (68 FR 51479) (FRL-7323-1).
Fenbuconazole. EPA has authorized under FIFRA section 18 the use of
fenbuconazole on grapefruit for control of greasy spot disease in
Florida. This regulation extends time-limited tolerances for combined
residues of the fungicide fenbuconazole and its metabolites RH-9129 and
RH-9130, expressed as the parent fenbuconazole, in or on whole
grapefruit at 0.5 ppm, at 4.0 ppm in/on dried grapefruit, at 35 ppm in/
on grapefruit oil; and at 0.1 ppm in/on meat and meat by-products of
cattle, goats, hogs, horses, and sheep for an additional 3-year period.
These tolerances will expire and are revoked on December 31, 2008.
Time-limited tolerances were originally published in the Federal
Register of January 29, 1999 (64 FR 4577) (FRL6054-3).
Lambda-cyhalothrin. EPA has authorized under FIFRA section 18 the
use of lambda-cyhalothrin on barley for control of the Russian wheat
aphid and cutworms in Idaho, Colrado, Wyoming and Montana. This
regulation extends time-limited tolerances for combined residues of the
pyrethroid lambda-cyhalothrin, 1:1 mixture of (S)-[alpha]-cyano-3-
phenoxybenzyl-(Z)- (1R,3R)-3-(2-chloro-3,3,3-trifluoroprop-1-enyl) -
2,2-dimethylcyclopropanecarboxylate and (R)-[alpha]-cyano-3-
phenoxybenzyl- (Z)-(1S,3S)-3-(2-chloro-3,3,3- trifluoroprop-1- enyl)-
2,2-dimethylcyclopropanecarboxylate and its epimer expressed as epimer
of lambda-cyhalothrin, a 1:1 mixture of (S)-[alpha]-cyano-3-
phenoxybenzyl-(Z)-(1S,3S) -3-(2-chloro-3,3,3-trifluoroprop-1-enyl) -
2,2-dimethylcyclopropanecarboxylate and (R)-[alpha]-cyano-3-
phenoxybenzyl-(Z)-(1R,3R)-3-(2-chloro-3,3,3- trifluoroprop-1-enyl)-
2,2-dimethylcyclopropanecarboxylate in or on barley grain at 0.05 ppm,
barley bran at 0.2 ppm, and barley hay and straw at 2.0 ppm for an
additional 3-year period. These tolerances will expire and are revoked
on December 31, 2008. Time-limited tolerances were originally published
in the Federal Register of October 29, 1997 (62 FR 56095) (FRL-5745-5).
Lambda-cyhalothrin. EPA has authorized under FIFRA section 18 the
use of lambda-cyhalothrin on alfalfa/clover/grass mixed stands for
control of potato leafhoppers in New York. This regulation extends
time-limited tolerances for combined residues of the pyrethroid lambda-
cyhalothrin, 1:1 mixture of (S)-[alpha]-cyano-3-phenoxybenzyl-(Z)-
(1R,3R)-3-(2-chloro-3,3,3-trifluoroprop-1-enyl)-2,2-
dimethylcyclopropanecarboxylate and (R)-[alpha]-cyano-3-phenoxybenzyl-
(Z)-(1S,3S)-3-(2-chloro-3,3,3- trifluoroprop-1- enyl)-2,2-
dimethylcyclopropanecarboxylate and its epimer expressed as epimer of
lambda-cyhalothrin, a 1:1 mixture of (S)-[alpha]-cyano-3-
phenoxybenzyl-(Z)-(1S,3S) -3-(2-chloro-3,3,3-trifluoroprop-1-enyl) -
2,2-dimethylcyclopropanecarboxylate and (R)-[alpha]-cyano-3-
phenoxybenzyl-(Z)-(1R,3R)-3-(2-chloro-3,3,3- trifluoroprop-1-enyl)-
2,2-dimethylcyclopropanecarboxylate in or on Clover, forage at 5.0 ppm;
Clover, hay at 6.0 ppm; Grass, forage at 5.0 ppm; and Grass, hay at 6.0
ppm for an additional 3-year period. These tolerances will expire and
are revoked on December 31, 2008. Time-limited tolerances were
originally published in the Federal Registers of January 3, 2003 (68 FR
283) (FRL-7285-2) and September 3, 2003 (68 FR 52354)(FRL-7321-3).
Lambda-cyhalothrin. EPA has authorized under FIFRA section 18 the
use of lambda-cyhalothrin on wild rice for control of rice worms in
Minnesota. This regulation extends a time-limited tolerance for
combined residues of the pyrethroid lambda-cyhalothrin, 1:1 mixture of
(S)-[alpha]-cyano-3-phenoxybenzyl-(Z)- (1R,3R)-3-(2-chloro-3,3,3-
trifluoroprop-1-enyl)-2,2-dimethylcyclopropanecarboxylate and (R)-
[alpha]-cyano-3-phenoxybenzyl- (Z)-(1S,3S)-3-(2-chloro-3,3,3-
trifluoroprop-1- enyl)-2,2-dimethylcyclopropanecarboxylate and its
epimer expressed as epimer of lambda-cyhalothrin, a 1:1 mixture of (S)-
[alpha]-cyano-3- phenoxybenzyl-(Z)-(1S,3S) -3-(2-chloro-3,3,3-
trifluoroprop-1-enyl) -2,2-dimethylcyclopropanecarboxylate and (R)-
[alpha]-cyano-3- phenoxybenzyl-(Z)-(1R,3R)-3-(2-chloro-3,3,3-
trifluoroprop-1-enyl)- 2,2-dimethylcyclopropanecarboxylate in or on
rice, wild at 1.0 ppm for an additional 3-year period. These tolerances
will expire and are revoked on December 31, 2008. The time-limited
tolerance was originally published in
[[Page 75737]]
the Federal Register of January 3, 2003 (68 FR 283) (FRL-7285-2).
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 1-year period. This
tolerance will expire and is revoked on December 31, 2008. A time-
limited tolerance was originally published in the Federal Register on
March 17, 1999 (64 FR 13097) (FRL-6067-9).
Methoxyfenozide. EPA has authorized under FIFRA section 18 the use
of methoxyfenozide on soybeans for control of soybean loopers and salt
marsh catepillars in Mississippi, Louisiana, and Arkansas. This
regulation extends a time-limited tolerance for residues of the
insecticide methoxyfenozide, benzoic acid, 3-methoxy-2-methyl-2-(3,5-
dimethylbenzoyl)-2-(1,1-dimethylethyl)hydrazide in or on soybean
aspirated grain fractions at 20 ppm, soybean seed at 0.04 ppm, soybean
forage at 10 ppm, soybean hay at 75 ppm, and soybean refined oil at 1.0
ppm for an additional 2-year period. These tolerances will expire and
are revoked on December 31, 2007. Time-limited tolerances were
originally published in the Federal Register on November 2, 2001 (66 FR
55585) (FRL-6806-4).
Propiconazole. EPA has authorized under FIFRA section 18 the use of
propiconazole on cranberries for control of cottonball disease in
Wisconsin. This regulation extends a time-limited tolerance for
combined residues of the fungicide propiconazole, 1-[[2-(2,4-
dichlorophenyl)-4-propyl-1,3-dioxolan-2-yl]methyl]-1H-1,2,4-triazole
and its metabolites determined as 2,4-dichlorobenzoic acid and
expressed as parent compound in or on cranberry 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
Register on April 11, 1997 (62 FR 17710) (FRL-5600-5).
Spinosad. EPA has authorized under FIFRA section 18 the use of
spinosad on alfalfa for control of armyworms in New Mexico and on
pastureland and rangeland for control of armyworms in Arkansas,
Mississippi, and Oregon. This regulation extends time-limited
tolerances for combined residues of the insecticide spinosad, Factor A
is 2-[(6-deoxy-2,3,4-tri-O -methyl-o-L-mannopyranosyl)oxy]-13-[[5-
(dimethlamino) -tetrahydro-6-methyl-2H-pyran-2- yl]oxy]9-ethyl-
2,3,3a,5a,6,9,10,11,12,13,14,16a,6b, tetradecahydro-14-methyl-1H-as-
Indaceno [3,2d]oxacyclododecin-7,15-dione. Factor D is 2-[6-deoxy-
2,3,4-tri-O-methyl -o-L-mannopyranosyl)oxy]13-[[5-(dimethylamino) -
tetrahydri-6-methyl-2H-pyran-2-yl]oxy]-9-ethyl -
2,3,3a,5a,5b,6,9,10,11,12,13,14,16a,16b- tetradecahydro-4,14,dimethyl-
1H-as- Indaceno[3,2d]oxacyclododecin-7,15-dione. in or on alfalfa
forage at 4.0 ppm; alfalfa hay at 4.0 ppm; grass forage at 7.0 ppm; and
grass hay at 7.0 ppm; for an additional 3-year period. These tolerances
will expire and are revoked on December 31, 2008. A time-limited
tolerance was originally published for sunflowers in the Federal
Register of January 9, 2001 (66 FR 1592) (FRL-6760-2).
Tebuconazole. EPA has authorized under FIFRA section 18 the use of
tebuconazole on garlic for control of garlic rust in California. This
regulation extends a time-limited tolerance for residues of the
fungicide tebuconazole in or on garlic at 0.1 ppm for an additional 2-
year period. This tolerance will expire and is revoked on December 31,
2007. A time-limited tolerance was originally published in the Federal
Register on May 26, 1999 (64 FR 28377) (FRL-6079-1).
Tebuconazole. EPA has authorized under FIFRA section 18 the use of
tebuconazole on sunflowers for control of rust in Colorado. This
regulation extends a time-limited tolerance for residues of the
fungicide tebuconazole in or on sunflower oil at 0.4 ppm and sunflower
seed at 0.2 ppm for an additional 2-year period. This tolerance will
expire and is revoked on December 31, 2007. A time-limited tolerance
was originally published in the Federal Register on June 20, 1997 (62
FR 33550) (FRL-5725-7).
Thiophanate methyl. EPA has authorized under FIFRA section 18 the
use of thiophanate methyl on fruiting vegetables, including tomato, for
control of white mold in Florida, Virginia, and New Jersey. This
regulation extends a crop group time-limited tolerance for residues of
the fungicide thiophanate methyl and its metabolite methyl 2-
benzimidazoyl carbamate (MBC) in or on the fruiting vegetable crop
group at 0.5 ppm for an additional 3-year period. This crop group
tolerance will expire and is revoked on December 31, 2008. The time-
limited tolerance was originally published in the Federal Register on
July 23, 2003 (68 FR 43465) (FRL-7317-5).
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 EPA-HQ-OPP-2005-0292 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 January
20, 2006.
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 issue(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,
[[Page 75738]]
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 EPA-HQ-OPP-2005-0292, to: Public
Information and Records Integrity Branch, Information Technology and
Resource Management 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 issue(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, 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.
[[Page 75739]]
Dated: December 15, 2005.
Rachel C. Holloman,
Acting Director, Registration Division, Office of Pesticide Programs.
0
Therefore, 40 CFR chapter I is amended as follows:
PART 180--[AMENDED]
0
1. The authority citation for part 180 continues to read as follows:
Authority: 21 U.S.C. 321(q), 346a and 371.
Sec. 180.110 [Amended]
0
2. In Sec. 180.110, in the table to paragraph (b), amend the entry for
Walnuts by revising the expiration date ``12/31/07'' to read ``12/31/
08.''
Sec. 180.371 [Amended]
0
3. In Sec. 180.371, in the table to paragraph (b), amend the entry for
Vegetables, Fruiting, Group 8 by revising the expiration date ``12/31/
05'' to read ``12/31/08.''
Sec. 180.377 [Amended]
0
4. In Sec. 180.377, in the table to paragraph (b), amend the entries
for Barley, grain; Barley, hay; Barley, straw; Wheat, aspirated grain
fractions; Wheat, grain; Wheat, hay; Wheat, milled byproducts; and
Wheat, straw by revising the expiration date ``12/31/05'' to read ``12/
31/08.''
Sec. 180.434 [Amended]
0
5. In Sec. 180.434, in the table to paragraph (b), amend the entry for
Cranberry by revising the expiration date ``12/31/05'' to read ``12/31/
07.''
Sec. 180.438 [Amended]
0
6. In Sec. 180.438, in the table to paragraph (b), amend the entries
for Barley, bran; Barley, grain; Barley, hay; Barley, straw; Clover,
forage; Clover, hay; Grass, forage; Grass, hay; Rice, wild by revising
the expiration dates ``12/31/05'' to read ``12/31/08.''
Sec. 180.474 [Amended]
0
8. In Sec. 180.474, in the table to paragraph (b), amend the entries
for Garlic; Sunflower, oil and Sunflower, seed by revising the
expiration date ``12/31/05'' to read ``12/31/07.''
Sec. 180.475 [Amended]
0
9. In Sec. 180.475, in the table to paragraph (b), amend the entries
for Corn, sweet (kernel + cob with husk removed; Corn, sweet, forage;
and Corn, sweet, stover by revising the expiration dates ``12/31/05''
to read ``12/31/08.''
Sec. 180.480 [Amended]
0
10. In Sec. 180.480, in the table to paragraph (b), amend the entries
for Cattle, fat; Cattle, meat byproducts; Cattle, meat; Goat, fat;
Goat, meat byproducts; Goat, meat; Grapefruit; Grapefruit, dried pulp;
Grapefruit oil; Hogs, fat; Hogs, meat byproducts; Hogs, meat; Horse,
fat; Horse, meat byproducts; Horse, meat; Sheep, fat; Sheep, meat
byproducts; and, Sheep, meat; by revising the expiration dates ``12/31/
05'' to read ``12/31/08.''
Sec. 180.495 [Amended]
0
11. In Sec. 180.495, in the table to paragraph (b), amend the entries
for Alfalfa, forage; Alfalfa, hay; Grass, forage; and Grass, hay; by
revising the expiration date ``12/31/05'' to read ``12/31/08.''
Sec. 180.544 [Amended]
0
12. In Sec. 180.544, in the table to paragraph (b), amend the entries
for Soybean, aspirated grain fractions; Soybean, forage; Soybean, hay;
Soybean, refined oil; Soybean, seed by revising the expiration date
``12/31/05'' to read ``12/31/07.''
[FR Doc. 05-24322 Filed 12-20-05; 8:45 am]
BILLING CODE 6560-50-S
