Zoxamide; Pesticide Tolerance, 31102-31104 [E6-8395]
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31102
Federal Register / Vol. 71, No. 105 / Thursday, June 1, 2006 / Rules and Regulations
Dated: May 23, 2006.
William L. Wehrum,
Acting Assistant Administrator, Office of Air
and Radiation.
For the reasons stated in the preamble,
title 40, Chapter I of the Code of Federal
Regulations is amended as follows:
I
PART 60—STANDARDS OF
PERFORMANCE FOR NEW
STATIONARY SOURCES
1. The authority citation for part 60
continues to read as follows:
I
Authority: 42 U.S.C. 7401 et seq.
Subpart A—General Provisions
2. Amend § 60.13 by revising the first
sentence of paragraph (d)(1) as follows:
I
§ 60.13
Monitoring requirements.
*
*
*
*
*
(d)(1) Owners and operators of a
CEMS installed in accordance with the
provisions of this part, must check the
zero (or low level value between 0 and
20 percent of span value) and span (50
to 100 percent of span value) calibration
drifts at least once daily in accordance
with a written procedure. * * *
*
*
*
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[FR Doc. E6–8397 Filed 5–31–06; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2006–0088; FRL–8060–5]
Zoxamide; Pesticide Tolerance
Environmental Protection
Agency (EPA).
ACTION: Direct Final rule.
mstockstill on PROD1PC68 with RULES
AGENCY:
SUMMARY: EPA issued a final rule in the
Federal Register of September 26, 2001,
concerning a tolerance for combined
residues of zoxamide, 3,5-dichloro-N-(3chloro-1-ethyl-1-methyl-2-oxopropyl)-4methylbenzamide and its metabolites
3,5-dichloro-1,4-benzenedicarboxylic
acid, and 3,5-dichloro-4hydroxymethylbenzoic acid in or on
tomato and in or on the cucurbit
vegetable crop group 9. This rule is
being issued to correct the expression
and placement of the tolerance for
residues of zoxamide in or on tomato,
and in or on cucurbit, vegetable crop
group 9.
DATES: This Direct Final Rule is
effective on August 30, 2006 without
notice, unless EPA receives adverse
comment by July 31, 2006. If, however,
EPA receives adverse comment, EPA
VerDate Aug<31>2005
15:15 May 31, 2006
Jkt 208001
will publish a Federal Register
document to withdraw the direct final
rule before the effective date.
If this Direct Final Rule becomes
effective on August 30, 2006, any person
may file an objection to any aspect of
this regulation and may also request a
hearing on those objections. Objections
and requests for hearings must be
received on or before October 30, 2006.
ADDRESSES: If this regulation becomes
effective on August 30, 2006 because no
adverse comment is received, any
person may file an objection to any
aspect of this regulation and may also
request a hearing on those objections.
To submit a written objection or hearing
request follow the detailed instructions
as provided in Unit I.C. of the
SUPPLEMENTARY INFORMATION. EPA has
established a docket for this action
under docket identification (ID) number
EPA–HQ–OPP–2006–0088. All
documents in the docket are listed in
the index for the docket. Although listed
in the index, some information is not
publicly available, e.g., Confidential
Business Information (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 in the electronic
docket at https://www.regulations.gov,
or, if only available in hard copy, at the
OPP Regulatory Public Docket in Rm. S4400, One Potomac Yard (South
Building), 2777 S. Crystal Drive,
Arlington, VA. The Docket Facility is
open from 8:30 a.m. to 4 p.m., Monday
through Friday, excluding legal
holidays. The telephone number for the
Docket is (703) 305–5805.
FOR FURTHER INFORMATION CONTACT: Rose
Mary Kearns, Registration Division
(7505P), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460–0001; telephone number:
(703) 305–5611; fax number: (703) 308–
1825; e-mail address:
kearns.rosemary@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this Action Apply to Me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. Potentially
affected entities may include, but are
not limited to:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
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Fmt 4700
Sfmt 4700
• 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. To determine whether
you or your business may be affected by
this action, you should carefully
examine the applicability provisions in
40 CFR Part 180. 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?
In addition to accessing an electronic
copy of this Federal Register document
through the electronic docket at https://
www.regulations.gov, you may access
this Federal Register document
electronically through the EPA Internet
under the ‘‘Federal Register’’ listings at
https://www.epa.gov/fedrgstr. You may
also access a frequently updated
electronic version of 40 CFR part 180
through the Government Printing
Office’s pilot e-CFR site at https://
www.gpoaccess.gov/ecfr.
C. Can I File an Objection or Hearing
Request?
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.
You must file your objection or request
a hearing on this regulation in
accordance with the instructions
provided in 40 CFR part 178. To ensure
proper receipt by EPA, you must
identify docket ID number EPA–HQ–
OPP–2006–0088 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 July 31, 2006.
In addition to filing an objection or
hearing request with the Hearing Clerk
as described in 40 CFR part 178, please
submit a copy of the filing that does not
contain any CBI for inclusion in the
public docket that is described in
ADDRESSES. Information not marked
confidential pursuant to 40 CFR part 2
E:\FR\FM\01JNR1.SGM
01JNR1
Federal Register / Vol. 71, No. 105 / Thursday, June 1, 2006 / Rules and Regulations
may be disclosed publicly by EPA
without prior notice. Submit your
copies, identified by docket ID number
EPA–HQ–OPP–2006–0088, by one of
the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the on-line
instructions for submitting comments.
• Mail: Office of Pesticide Programs
(OPP) Regulatory Public Docket (7502P),
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460–0001.
• Delivery: OPP Regulatory Public
Docket (7502P), Environmental
Protection Agency, Rm. S–4400, One
Potomac Yard (South Building), 2777 S.
Crystal Drive, Arlington, VA. Deliveries
are only accepted during the Docket’s
normal hours of operation (8:30 a.m. to
4 p.m., Monday through Friday,
excluding legal holidays). Special
arrangements should be made for
deliveries of boxed information. The
telephone number for the Docket is
(703) 305–5805.
II. Background
mstockstill on PROD1PC68 with RULES
A. What Action is the Agency Taking?
In the Federal Register of August 24,
2000 (65 FR 51612) (FRL–6739–1), EPA
issued a notice pursuant to section 408
of the Federal Food, Drug, and Cosmetic
Act (FFDCA), 21 U.S.C. 346a as
amended by the Food Quality Protection
Act of 1996 (FQPA) (Public Law 104–
170) announcing the filing of a pesticide
petition (PP 9F5058) for a tolerance by
Rohm and Haas Company, 100
Independence Mall West, Philadelphia,
PA 19108–2399. This notice included a
summary of the petition prepared by
Rohm and Haas, the registrant. There
were no comments received in response
to the notice of filing. A correction to
the notice of filing was published in the
Federal Register of December 15, 2000
(65 FR 78490) (FRL–6756–3).
The petition requested that 40 CFR
part 180 be amended by establishing a
tolerance for combined residues of the
fungicide zoxamide, 3,5-dichloro-N-(3chloro-1-ethyl-1-methyl-2-oxopropyl)-4methylbenzamide, and its metabolites,
in or on tomatoes and cucurbit,
vegetable group 9 at 2.0 parts per
million (ppm). EPA established the
requested tolerances in 40 CFR
180.567(a)(2) (66 FR 49110, September
26, 2001, FRL–6803–7).
This rule amends 40 CFR 180.567 by
taking the tomato and vegetable,
cucurbit, group 9 tolerances out of
§ 180.567(a)(2) and placing them in
§ 180.567(a)(1). This change corrects an
error made at the time the tomato and
vegetable, cucurbit, group 9 tolerance
were established. Prior to establishing
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15:15 May 31, 2006
Jkt 208001
those tolerances the Agency had
determined that the residue of concern
in connection with the use of zoxamide
on tomatoes and cucurbits is only the
parent compound zoxamide, not
zoxamide and its metabolites. EPA
mistakenly, however, established the
tomato and cucurbits tolerances in
§ 180.567(a)(2) which applies to
tolerances for residues of zoxamide and
its metabolites instead of § 180.567(a)(1)
which applies to tolerances of zoxamide
only.
The relevant metabolism data shows
that the parent compound, zoxamide, is
the major residue component identified
in cucumber fruit (representing about
87% of total residues), cucumber foliage
(representing about 92% of total
residues), green tomatoes (representing
about 48% of total residues), and red
tomatoes (representing about 44% of
total residues). In addition, only
residues of zoxamide exceeded 10% of
the total residues in all cucumber
matrices and tomato samples. In
comparison, most metabolite residues
were present at less than 5% of the total
residues. The low level of metabolites
that are present in these commodities
was taken into account when assessing
the risk of zoxamide exposure. It was
not deemed appropriate, however, to
include the metabolites in the tolerances
for tomatoes and cucurbits because the
amounts detected were so low.
As a result of this amendment the
listed tolerance levels (in ‘‘ppm’’) on
tomato (2.0 ppm) and vegetable,
cucurbit, group 9 (1.0 ppm), are not
being changed. The existing tolerances
in 180.567(a)(2) for potato, tuber; potato,
granule/flakes; and potato, wet peel are
not being revised because EPA has
determined that for these commodities
the tolerance expression should be
written in terms of the combined
residues of the parent compound
zoxamide and its metabolites.
B. What is the Agency’s Authority for
Taking this Action?
This action is taken pursuant to EPA’s
initiative under FFDCA section 408(e),
201 U.S.C. 346a(e).
III. Direct Final Rule Procedures
EPA is publishing this rule without
prior proposal because the Agency
views this as a noncontroversial
amendment and anticipates no adverse
comment. This Direct Final Rule will be
effective August 30, 2006 without
further notice unless the Agency
receives adverse comment by July 31,
2006. If EPA receives adverse comment
on this rulemaking, the Agency will
publish a timely withdrawal in the
Federal Register and will publish a
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31103
notice of proposed rulemaking in a
further issue of the Federal Register.
The Agency will address the comments
as part of that proposed rulemaking.
If EPA receives no adverse comment
and this regulation becomes effective
August 30, 2006, any person will have
60 days from that date to file objections
to the rule as specified in Unit I.C.
IV. Statutory and Executive Order
Reviews
A. Exexcutive Order 12866
This direct final rule implements
minor changes to 40 CFR part 180. Since
this direct final rule does not impose
any new requirements it is not subject
to review by the Office of Management
and Budget (OMB) under Executive
Order 12866, entitled Regulatory
Planning and Review (58 FR 51735,
October 4, 1993).
B. Paperwork Reduction Act
This direct 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.
C. Regulatory Flexibility Act
Since this action makes minor
changes to 40 CFR part 180, that do no
more than ensure that two commodities
are not incorrectly deemed to be in
noncompliance with their respective
tolerances, EPA certifies this action will
not have significant economic impact on
a substantial number of small entities.
There will be no adverse impact on
small entities resulting from this action.
The requirements of the Regulatory
Flexibility Act (RFA) (5 U.S.C. 601 et
seq.) do not apply.
D. Unfunded Mandates Reform Act
This action does not impose any
enforceable duty or contain any
unfunded mandate as described under
Title II of the Unfunded Reform Act of
1995 (UMRA) (Public Law 104–4).
E. Executive Order 13132
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
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01JNR1
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Federal Register / Vol. 71, No. 105 / Thursday, June 1, 2006 / Rules and Regulations
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
action does not alter the relationships or
distribution of power and
responsibilities established by Congress.
F. Executive Order 13175
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.’’ This direct
final 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 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 the rule in
the Federal Register. This rule is not a
‘‘major rule’’ as defined by 5 U.S.C.
804(2).
mstockstill on PROD1PC68 with RULES
List of Subjects in 40 CFR Part 180
Environmental protection,
Administrative practice and procedure,
Agricultural commodities, Pesticides
and pests, Reporting and recordkeeping
requirements.
Dated: May 16, 2006.
Lois Rossi,
Director, Registration Division, Office of
Pesticide Programs.
Therefore, 40 CFR chapter I is
amended as follows:
I
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15:15 May 31, 2006
Jkt 208001
Effective from 1800 hours l.t.
May 25, 2006 until 0001 hours June 15,
I 1. The authority citation for part 180
2006. Comments will be accepted
continues to read asfollows:
through June 16, 2006.
Authority: 21 U.S.C. 321(q), 346a and 371.
ADDRESSES: You may submit comments,
identified by I.D. 052406B by any of the
I 2. Section 180.567 is amended by
following methods:
removing the commodities ‘‘tomato’’
• E-mail:.
and ‘‘vegetable, cucurbit, group 9’’ from 2006WhitingCAclosure.nwr@noaa.gov.
the table in paragraph (a)(2), and by
Include I.D 052406B in the subject line
alphabetically adding the following
of the message.
commodities to the table in paragraph
• Federal eRulemaking Portal: https://
(a)(1) to read as follows:
www.regulations.gov. Follow the
instructions for submitting comments.
§ 180.567 Zoxamide; tolerances for
• Fax: 206-526-6736, Attn: Becky
residues.
Renko.
(a) * * * (1) * * *
• Mail: D. Robert Lohn,
Administrator, Northwest Region,
Parts per
Commodity
NMFS, 7600 Sand Point Way NE,
million
Seattle, WA 98115-0070, Attn: Becky
Renko.
*
*
*
*
*
Tomato ......................................
2.0 FOR FURTHER INFORMATION CONTACT:
Vegetable, cucurbit, group 9 ....
1.0
Becky Renko at 206–526–6110.
SUPPLEMENTARY INFORMATION: The
*
*
*
*
*
regulations at 50 CFR 660.323(a)
FR Doc. E6–8395 Filed 05–31–06; 8:45 am]
established separate allocations for the
BILLING CODE 6560–50–S
catcher/processor, mothership, and
shore-based sectors of the whiting
fishery. For 2006, the 232,069 mt
commercial harvest guideline for
DEPARTMENT OF COMMERCE
whiting is divided with the catcher/
National Oceanic and Atmospheric
processor sector receiving 78,903 mt (34
Administration
percent), the mothership sector
receiving 55,696 mt (24 percent), and
50 CFR Part 660
the shore-based sector receiving 97,469
mt (42 percent). The regulations further
[Docket No. 060424110-6110-01; I.D.
divide the shore-based allocation so that
052406B]
no more than 5 percent (4,873 mt) of the
shore-based allocation may be taken in
Fisheries off West Coast States;
waters off the State of California before
Pacific Coast Groundfish Fishery;
the primary season begins north of 42°
Suspension of the Primary Pacific
N. lat.
Whiting Season for the Shore-based
The primary season for the shoreSector South of 42≥ North Latitude
based sector is the period or periods
AGENCY: National Marine Fisheries
when the large-scale target fishery is
Service (NMFS), National Oceanic and
conducted, and when ‘‘per trip’’ limits
Atmospheric Administration (NOAA),
are not in effect. Because whiting
Commerce.
migrate from south to north during the
fishing year, the shore-based primary
ACTION: Fishing restrictions; request for
whiting season begins earlier south of
comments.
42° N. lat. than north. For 2006: the
SUMMARY: NMFS announces the
primary season for the shore-based
suspension of the primary season for
sector between 42°–40°30’ N. lat. began
Pacific whiting (whiting) fishery for the
on April 1; south of 40°30′ N. lat., the
shore-based sector south of 42° N. lat. at primary season began on April 15; and
1800 hours local time (l.t.) May 25,
the fishery north of 42° N. lat. is
2006. ‘‘Per trip’’ limits for whiting will
scheduled to begin June 15.
be reinstated until 0001 hours June 15,
Because the 4,873 mt allocation for
2005, at which time the primary season
the early season fishery off California is
for the shore-based sector will be open
estimated to be reached, NMFS is
coastwide. This action is authorized by
announcing the suspension of the
regulations implementing the Pacific
primary whiting season south of 42° N.
Coast Groundfish Fishery Management
lat. Regulations at 50 CFR 660.323 (b)(4)
Plan (FMP), which governs the
allow this action to be taken. The
groundfish fishery off Washington,
20,000-lb (9,072 kg) trip limit that was
Oregon, and California. This action is
in place before the start of the southern
intended to keep the harvest of whiting
primary season is being reinstated and
at the 2006 allocation levels.
will remain in effect until the primary
PART 180—AMENDED
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DATES:
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Agencies
[Federal Register Volume 71, Number 105 (Thursday, June 1, 2006)]
[Rules and Regulations]
[Pages 31102-31104]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-8395]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[EPA-HQ-OPP-2006-0088; FRL-8060-5]
Zoxamide; Pesticide Tolerance
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA issued a final rule in the Federal Register of September
26, 2001, concerning a tolerance for combined residues of zoxamide,
3,5-dichloro-N-(3-chloro-1-ethyl-1-methyl-2-oxopropyl)-4-
methylbenzamide and its metabolites 3,5-dichloro-1,4-
benzenedicarboxylic acid, and 3,5-dichloro-4-hydroxymethylbenzoic acid
in or on tomato and in or on the cucurbit vegetable crop group 9. This
rule is being issued to correct the expression and placement of the
tolerance for residues of zoxamide in or on tomato, and in or on
cucurbit, vegetable crop group 9.
DATES: This Direct Final Rule is effective on August 30, 2006 without
notice, unless EPA receives adverse comment by July 31, 2006. If,
however, EPA receives adverse comment, EPA will publish a Federal
Register document to withdraw the direct final rule before the
effective date.
If this Direct Final Rule becomes effective on August 30, 2006, any
person may file an objection to any aspect of this regulation and may
also request a hearing on those objections. Objections and requests for
hearings must be received on or before October 30, 2006.
ADDRESSES: If this regulation becomes effective on August 30, 2006
because no adverse comment is received, any person may file an
objection to any aspect of this regulation and may also request a
hearing on those objections. To submit a written objection or hearing
request follow the detailed instructions as provided in Unit I.C. of
the SUPPLEMENTARY INFORMATION. EPA has established a docket for this
action under docket identification (ID) number EPA-HQ-OPP-2006-0088.
All documents in the docket are listed in the index for the docket.
Although listed in the index, some information is not publicly
available, e.g., Confidential Business Information (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 in the electronic docket at
https://www.regulations.gov, or, if only available in hard copy, at the
OPP Regulatory Public Docket in Rm. S-4400, One Potomac Yard (South
Building), 2777 S. Crystal Drive, Arlington, VA. The Docket Facility is
open from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal
holidays. The telephone number for the Docket is (703) 305-5805.
FOR FURTHER INFORMATION CONTACT: Rose Mary Kearns, Registration
Division (7505P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (703) 305-5611; fax number: (703) 308-1825; e-
mail address: kearns.rosemary@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this Action Apply to Me?
You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
Potentially affected entities may include, but are not limited to:
Crop production (NAICS 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. To determine
whether you or your business may be affected by this action, you should
carefully examine the applicability provisions in 40 CFR Part 180. 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?
In addition to accessing an electronic copy of this Federal
Register document through the electronic docket at https://
www.regulations.gov, you may access this Federal Register document
electronically through the EPA Internet under the ``Federal Register''
listings at https://www.epa.gov/fedrgstr. You may also access a
frequently updated electronic version of 40 CFR part 180 through the
Government Printing Office's pilot e-CFR site at https://
www.gpoaccess.gov/ecfr.
C. Can I File an Objection or Hearing Request?
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. You must file your objection or
request a hearing on this regulation in accordance with the
instructions provided in 40 CFR part 178. To ensure proper receipt by
EPA, you must identify docket ID number EPA-HQ-OPP-2006-0088 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 July 31, 2006.
In addition to filing an objection or hearing request with the
Hearing Clerk as described in 40 CFR part 178, please submit a copy of
the filing that does not contain any CBI for inclusion in the public
docket that is described in ADDRESSES. Information not marked
confidential pursuant to 40 CFR part 2
[[Page 31103]]
may be disclosed publicly by EPA without prior notice. Submit your
copies, identified by docket ID number EPA-HQ-OPP-2006-0088, by one of
the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the on-line instructions for submitting comments.
Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Building), 2777 S. Crystal Drive, Arlington, VA. Deliveries are only
accepted during the Docket's normal hours of operation (8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays). Special
arrangements should be made for deliveries of boxed information. The
telephone number for the Docket is (703) 305-5805.
II. Background
A. What Action is the Agency Taking?
In the Federal Register of August 24, 2000 (65 FR 51612) (FRL-6739-
1), EPA issued a notice pursuant to section 408 of the Federal Food,
Drug, and Cosmetic Act (FFDCA), 21 U.S.C. 346a as amended by the Food
Quality Protection Act of 1996 (FQPA) (Public Law 104-170) announcing
the filing of a pesticide petition (PP 9F5058) for a tolerance by Rohm
and Haas Company, 100 Independence Mall West, Philadelphia, PA 19108-
2399. This notice included a summary of the petition prepared by Rohm
and Haas, the registrant. There were no comments received in response
to the notice of filing. A correction to the notice of filing was
published in the Federal Register of December 15, 2000 (65 FR 78490)
(FRL-6756-3).
The petition requested that 40 CFR part 180 be amended by
establishing a tolerance for combined residues of the fungicide
zoxamide, 3,5-dichloro-N-(3-chloro-1-ethyl-1-methyl-2-oxopropyl)-4-
methylbenzamide, and its metabolites, in or on tomatoes and cucurbit,
vegetable group 9 at 2.0 parts per million (ppm). EPA established the
requested tolerances in 40 CFR 180.567(a)(2) (66 FR 49110, September
26, 2001, FRL-6803-7).
This rule amends 40 CFR 180.567 by taking the tomato and vegetable,
cucurbit, group 9 tolerances out of Sec. 180.567(a)(2) and placing
them in Sec. 180.567(a)(1). This change corrects an error made at the
time the tomato and vegetable, cucurbit, group 9 tolerance were
established. Prior to establishing those tolerances the Agency had
determined that the residue of concern in connection with the use of
zoxamide on tomatoes and cucurbits is only the parent compound
zoxamide, not zoxamide and its metabolites. EPA mistakenly, however,
established the tomato and cucurbits tolerances in Sec. 180.567(a)(2)
which applies to tolerances for residues of zoxamide and its
metabolites instead of Sec. 180.567(a)(1) which applies to tolerances
of zoxamide only.
The relevant metabolism data shows that the parent compound,
zoxamide, is the major residue component identified in cucumber fruit
(representing about 87% of total residues), cucumber foliage
(representing about 92% of total residues), green tomatoes
(representing about 48% of total residues), and red tomatoes
(representing about 44% of total residues). In addition, only residues
of zoxamide exceeded 10% of the total residues in all cucumber matrices
and tomato samples. In comparison, most metabolite residues were
present at less than 5% of the total residues. The low level of
metabolites that are present in these commodities was taken into
account when assessing the risk of zoxamide exposure. It was not deemed
appropriate, however, to include the metabolites in the tolerances for
tomatoes and cucurbits because the amounts detected were so low.
As a result of this amendment the listed tolerance levels (in
``ppm'') on tomato (2.0 ppm) and vegetable, cucurbit, group 9 (1.0
ppm), are not being changed. The existing tolerances in 180.567(a)(2)
for potato, tuber; potato, granule/flakes; and potato, wet peel are not
being revised because EPA has determined that for these commodities the
tolerance expression should be written in terms of the combined
residues of the parent compound zoxamide and its metabolites.
B. What is the Agency's Authority for Taking this Action?
This action is taken pursuant to EPA's initiative under FFDCA
section 408(e), 201 U.S.C. 346a(e).
III. Direct Final Rule Procedures
EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial amendment and anticipates no
adverse comment. This Direct Final Rule will be effective August 30,
2006 without further notice unless the Agency receives adverse comment
by July 31, 2006. If EPA receives adverse comment on this rulemaking,
the Agency will publish a timely withdrawal in the Federal Register and
will publish a notice of proposed rulemaking in a further issue of the
Federal Register. The Agency will address the comments as part of that
proposed rulemaking.
If EPA receives no adverse comment and this regulation becomes
effective August 30, 2006, any person will have 60 days from that date
to file objections to the rule as specified in Unit I.C.
IV. Statutory and Executive Order Reviews
A. Exexcutive Order 12866
This direct final rule implements minor changes to 40 CFR part 180.
Since this direct final rule does not impose any new requirements it is
not subject to review by the Office of Management and Budget (OMB)
under Executive Order 12866, entitled Regulatory Planning and Review
(58 FR 51735, October 4, 1993).
B. Paperwork Reduction Act
This direct 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.
C. Regulatory Flexibility Act
Since this action makes minor changes to 40 CFR part 180, that do
no more than ensure that two commodities are not incorrectly deemed to
be in noncompliance with their respective tolerances, EPA certifies
this action will not have significant economic impact on a substantial
number of small entities. There will be no adverse impact on small
entities resulting from this action. The requirements of the Regulatory
Flexibility Act (RFA) (5 U.S.C. 601 et seq.) do not apply.
D. Unfunded Mandates Reform Act
This action does not impose any enforceable duty or contain any
unfunded mandate as described under Title II of the Unfunded Reform Act
of 1995 (UMRA) (Public Law 104-4).
E. Executive Order 13132
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
[[Page 31104]]
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 action does not alter the relationships or
distribution of power and responsibilities established by Congress.
F. Executive Order 13175
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.'' This direct final 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 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 the rule in the Federal Register. This 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: May 16, 2006.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.
0
Therefore, 40 CFR chapter I is amended as follows:
PART 180--AMENDED
0
1. The authority citation for part 180 continues to read asfollows:
Authority: 21 U.S.C. 321(q), 346a and 371.
0
2. Section 180.567 is amended by removing the commodities ``tomato''
and ``vegetable, cucurbit, group 9'' from the table in paragraph
(a)(2), and by alphabetically adding the following commodities to the
table in paragraph (a)(1) to read as follows:
Sec. 180.567 Zoxamide; tolerances for residues.
(a) * * * (1) * * *
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
* * * * *
Tomato..................................................... 2.0
Vegetable, cucurbit, group 9............................... 1.0
------------------------------------------------------------------------
* * * * *
FR Doc. E6-8395 Filed 05-31-06; 8:45 am]
BILLING CODE 6560-50-S