Myclobutanil; Pesticide Tolerances for Emergency Exemptions, 36687-36690 [E6-10093]
Download as PDF
36687
Federal Register / Vol. 71, No. 124 / Wednesday, June 28, 2006 / Rules and Regulations
DELEGATION STATUS FOR PART 63 STANDARDS—Continued
[Nevada]
Subpart
Description
NDEP 1
WCAQMD 2
CCDAQM 3
AAAAA ..................
Lime Manufacturing Plants ..................................................................................
X
....................
....................
BBBBB ..................
Semiconductor Manufacturing .............................................................................
X
....................
....................
CCCCC .................
Coke Oven: Pushing, Quenching and Battery Stacks .........................................
X
....................
....................
DDDDD .................
Industrial, Commercial, and Institutional Boiler and Process Heaters ................
X
....................
....................
EEEEE ..................
Iron and Steel Foundries .....................................................................................
X
....................
....................
FFFFF ...................
Integrated Iron and Steel .....................................................................................
X
....................
....................
JJJJJ .....................
Brick and Structural Clay Products Manufacturing ..............................................
X
....................
....................
KKKKK ..................
Clay Ceramics Manufacturing ..............................................................................
X
....................
....................
LLLLL ....................
Asphalt Roofing and Processing ..........................................................................
X
....................
....................
MMMMM ...............
Flexible Polyurethane Foam Fabrication Operation ............................................
X
....................
....................
NNNNN .................
Hydrochloric Acid Production ...............................................................................
X
....................
....................
PPPPP ..................
Engine Test Cells/Stands .....................................................................................
X
....................
....................
QQQQQ ................
Friction Products Manufacturing ..........................................................................
X
....................
....................
SSSSS ..................
Refractory Products Manufacturing .....................................................................
X
....................
....................
1 Nevada
Division of Environmental Protection.
2 Washoe County Air Quality Management Division.
3 Clark County Department of Air Quality Management.
*
*
*
*
myclobutanil in this food commodity.
These tolerances will expire and are
revoked on June 30, 2009.
DATES: This regulation is effective June
28, 2006. Objections and requests for
hearings must be received on or before
August 28, 2006, and must be filed in
accordance with the instructions
provided in 40 CFR part 178 (see also
Unit I.C. of the SUPPLEMENTARY
INFORMATION).
*
[FR Doc. 06–5841 Filed 6–27–06; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2006–0395; FRL–8068–2]
Myclobutanil; Pesticide Tolerances for
Emergency Exemptions
Environmental Protection
Agency (EPA).
ACTION: Final rule.
mstockstill on PROD1PC61 with RULES
AGENCY:
SUMMARY: This regulation establishes
time-limited tolerances for legume
vegetables (except soybeans) and foliage
of legume vegetables (except soybeans)
of myclobutanil in or on vegetable,
legume (except soybeans) and vegetable,
foliage of legume (except soybeans).
This action is in response to EPA’s
granting of an emergency exemption
under section 18 of the Federal
Insecticide, Fungicide, and Rodenticide
Act (FIFRA) authorizing use of the
pesticide on vegetable, legume (except
soybeans) and vegetable, foliage of
legume (except soybeans). This
regulation establishes a maximum
permissible level for residues of
VerDate Aug<31>2005
15:04 Jun 27, 2006
Jkt 208001
excluding legal holidays. The telephone
number for the Docket Facility is (703)
305–5805.
FOR FURTHER INFORMATION CONTACT:
Stacey Groce, Registration Division
(7505P), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460–0001; telephone number:
(703) 305–2505; e-mail address:
groce.stacey@epa.gov.
EPA has established a
docket for this action under docket
identification (ID) number EPA–HQ–
OPP–2006–0395. 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,
SUPPLEMENTARY INFORMATION:
ADDRESSES:
PO 00000
Frm 00027
Fmt 4700
Sfmt 4700
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 111)
• Animal production (NAICS 112)
• Food manufacturing (NAICS 311)
• Pesticide manufacturing (NAICS
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
E:\FR\FM\28JNR1.SGM
28JNR1
36688
Federal Register / Vol. 71, No. 124 / Wednesday, June 28, 2006 / Rules and Regulations
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.
mstockstill on PROD1PC61 with RULES
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–2006–0395 in the subject line on
the first page of your submission. All
requests must be in writing, and must be
mailed or delivered to the Hearing Clerk
on or before August 28, 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
may be disclosed publicly by EPA
without prior notice. Submit your
copies, identified by docket ID number
EPA–HQ–OPP–2006–0395, 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
VerDate Aug<31>2005
15:04 Jun 27, 2006
Jkt 208001
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
Facility is (703) 305–5805.
II. Background and Statutory Findings
EPA, on its own initiative, in
accordance with sections 408(e) and
408(l)(6) of the Federal Food, Drug, and
Cosmetic Act (FFDCA), 21 U.S.C. 346a,
is establishing tolerances for combined
residues of the fungicide myclobutanil,
alpha-butyl-alpha-(4-chlorophenyl)-1H1,2,4-triazole-1-propanenitrile and its
alcohol metabolite (alpha-(3hydroxybutyl)-alpha-(4-chlorophenyl)1H-1,2,4-triazole-1-propanenitrile (free
and bound), in or on vegetable, legume
(except soybean), Crop Group 6 and
vegetable, foliage of legume (except
soybean), Crop Group 7 at 1.0 parts per
million (ppm). These tolerances will
expire and are revoked on June 30,
2009. EPA will publish a document in
the Federal Register to remove the
revoked tolerances from the Code of
Federal Regulations.
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 section 18 of FIFRA. Such
tolerances can be established without
providing notice or period for public
comment. EPA does not intend for its
actions on section 18 related tolerances
to set binding precedents for the
application of section 408 of the FFDCA
and the new safety standard to other
tolerances and exemptions. Section
408(e) of the FFDCA allows EPA to
establish a tolerance or an exemption
from the requirement of a tolerance on
its own initiative, i.e., without having
received any petition from an outside
party.
Section 408(b)(2)(A)(i) of the FFDCA
allows EPA to establish a tolerance (the
legal limit for a pesticide chemical
residue in or on a food) only if EPA
determines that the tolerance is ‘‘safe.’’
Section 408(b)(2)(A)(ii) of the FFDCA
defines ‘‘safe’’ to mean that ‘‘there is a
reasonable certainty that no harm will
result from aggregate exposure to the
pesticide chemical residue, including
all anticipated dietary exposures and all
other exposures for which there is
reliable information.’’ This includes
exposure through drinking water and in
PO 00000
Frm 00028
Fmt 4700
Sfmt 4700
residential settings, but does not include
occupational exposure. Section
408(b)(2)(C) of the FFDCA requires EPA
to give special consideration to
exposure of infants and children to the
pesticide chemical residue in
establishing a tolerance and to ‘‘ensure
that there is a reasonable certainty that
no harm will result to infants and
children from aggregate exposure to the
pesticide chemical residue. . . .’’
Section 18 of the FIFRA authorizes
EPA to exempt any Federal or State
agency from any provision of FIFRA, if
EPA determines that ‘‘emergency
conditions exist which require such
exemption.’’ This provision was not
amended by the Food Quality Protection
Act of 1996 (FQPA). EPA has
established regulations governing such
emergency exemptions in 40 CFR part
166.
III. Emergency Exemption for
Myclobutanil on Vegetable, Legume
(Except Soybeans) and Vegetable,
Foliage of Legume (Except Soybeans
and FFDCA Tolerances
The States of Florida and Tennessee,
as lead state agencies in what is
essentially a ‘‘national’’ emergency
exemption request for vegetable legume
growing states, have petitioned the
Agency requesting an Emergency
Exemption for myclobutanil to control
soybean rust under section 18 of FIFRA.
On November 10, 2004, U.S.
Department of Agriculture’s Animal and
Plant Health Inspection Service (USDA/
APHIS) confirmed the presence of
Phakopsora pachyrhizi, the pathogen
that causes soybean rust, on soybean
leaf samples taken from two plots
associated with a Louisiana State
University research farm. Soybean rust
has been designated as a biosecurity
threat and therefore it is important that
control measures be available for this
disease. Legume crops, in general are
considered a suitable host for the
pathogen that causes soybean rust. So,
for this reason, legume crops are
vulnerable to this plant disease. EPA
has authorized under FIFRA section 18
the use of myclobutanil on vegetable,
legume (except soybeans) and vegetable,
foliage of legume (except soybeans) for
control of soybean rust in Florida and
Tennessee, and all other states that have
requested an exemption for this use.
After having reviewed the submission,
EPA concurs that emergency conditions
exist for these States.
As part of its assessment of this
emergency exemption, EPA assessed the
potential risks presented by residues of
myclobutanil in or on vegetable, legume
(except soybeans) and vegetable, foliage
of legume (except soybeans). In doing
E:\FR\FM\28JNR1.SGM
28JNR1
Federal Register / Vol. 71, No. 124 / Wednesday, June 28, 2006 / Rules and Regulations
mstockstill on PROD1PC61 with RULES
so, EPA considered the safety standard
in section 408(b)(2) of the FFDCA, and
EPA 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. Consistent with the need to move
quickly on the emergency exemption in
order to address an urgent non-routine
situation and to ensure that the resulting
food is safe and lawful, EPA is issuing
these tolerances without notice and
opportunity for public comment as
provided in section 408(l)(6) of the
FFDCA. Although these tolerances will
expire and are revoked on June 30,
2009, under section 408(l)(5) of the
FFDCA, residues of the pesticide not in
excess of the amounts specified in the
tolerances remaining in or on vegetable,
legume (except soybeans) and vegetable,
foliage of legume (except soybeans) after
that date will not be unlawful, provided
the pesticide is applied in a manner that
was lawful under FIFRA, and the
residues do not exceed a level that was
authorized by this tolerance at the time
of that application. 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.
Because these tolerances are being
approved under emergency conditions,
EPA has not made any decisions about
whether myclobutanil meets EPA’s
registration requirements for use on
vegetable, legume (except soybeans) and
vegetable, foliage of legume (except
soybeans) or whether permanent
tolerances for this use would be
appropriate. Under these circumstances,
EPA does not believe that these
tolerances serve as a basis for
registration of myclobutanil by a State
for special local needs under FIFRA
section 24(c). Nor do these tolerances
serve as the basis for any State other
than those which have been granted
exemptions as part of the vegetable,
legume (except soybeans) and vegetable,
foliage of legume (except soybeans)
section 18 to use this pesticide on this
crop under section 18 of FIFRA without
following all provisions of EPA’s
regulations implementing FIFRA section
18 as identified in 40 CFR part 166. For
additional information regarding the
emergency exemption for myclobutanil,
contact the Agency’s Registration
Division at the address provided under
FOR FURTHER INFORMATION CONTACT.
further discussion of the regulatory
requirements of section 408 of the
FFDCA and a complete description of
the risk assessment process, see the final
rule on Bifenthrin Pesticide Tolerances
(62 FR 62961, November 26, 1997)
(FRL–5754–7).
Consistent with section 408(b)(2)(D)
of the FFDCA, EPA has reviewed the
available scientific data and other
relevant information in support of this
action. EPA has sufficient data to assess
the hazards of myclobutanil and to
make a determination on aggregate
exposure, consistent with section
408(b)(2) of the FFDCA, for time-limited
tolerances for residues of myclobutanil
in or on vegetable, legume (except
soybeans) and vegetable, foliage of
legume (except soybeans) at 1.0 ppm.
EPA recently assessed the potential
risks presented by residues of
myclobutanil in or on vegetable, legume
(except soybeans) and vegetable, foliage
of legume (except soybeans) as part of
the dietary exposure estimates in the
human health risk assessment for
another proposed section 18 use of
myclobutanil. EPA was still evaluating
the emergency application on the
specialty legume crops at that time and
did not include a regulatory expression
for these time-limited tolerances in the
earlier notice. However, the human
health risk assessment of the dietary
exposures and risks associated with
establishing these tolerances is
discussed fully in the final rule
published in the Federal Register of
August 24, 2005 (70 FR 49499) (FRL–
7731–2).
IV. Aggregate Risk Assessment and
Determination of Safety
EPA performs a number of analyses to
determine the risks from aggregate
exposure to pesticide residues. For
VI. Conclusion
VerDate Aug<31>2005
15:04 Jun 27, 2006
Jkt 208001
V. Other Considerations
A. Analytical Enforcement Methodology
Adequate enforcement methodology
(example—gas chromatography) is
available to enforce the tolerance
expression. The method may be
requested from: Chief, Analytical
Chemistry Branch, Environmental
Science Center, 701 Mapes Rd., Ft.
Meade, MD 20755–5350; telephone
number: (410) 305–2905; e-mail address:
residuemethods@epa.gov.
B. International Residue Limits
There are no CODEX, Canadian, or
Mexican Maximum Residue Limits
(MRLs) for myclobutanil on legumes
(excluding soybeans). Therefore, there
are no international harmonization
issues associated with this action.
Therefore, the tolerances are
established for combined residues of
myclobutanil, alpha-butyl-alpha-(4chlorophenyl)-1H-1,2,4-triazole-1-
PO 00000
Frm 00029
Fmt 4700
Sfmt 4700
36689
propanenitrile and its alcohol
metabolite (alpha-(3-hydroxybutyl)alpha-(4-chlorophenyl)-1H-1,2,4triazole-1-propanenitrile (free and
bound), in or on vegetable, legume
(except soybeans) and vegetable, foliage
of legume (except soybeans) at 1.0 ppm.
VII. 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
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 on the basis of a FIFRA
section 18 exemption under section 408
of the FFDCA, 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
E:\FR\FM\28JNR1.SGM
28JNR1
36690
Federal Register / Vol. 71, No. 124 / Wednesday, June 28, 2006 / Rules and Regulations
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.
the Comptroller General of the United
States prior to publication of this final
rule in the Federal Register. This final
rule is not a ‘‘major rule’’ as defined by
5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 180
Environmental protection,
Administrative practice and procedure,
Agricultural commodities, Pesticides
and pests, Reporting and recordkeeping
requirements.
Dated: June 16, 2006.
Lois Rossi,
Director, Registration Division, Office of
Pesticide Programs.
Therefore, 40 CFR chapter I is
amended as follows:
I
VIII. 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
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.
2. Section 180.443 is amended by
alphabetically adding commodities to
the table in paragraph (b) to read as
follows:
I
§ 180.443 Myclobutanil; tolerances for
residues.
*
*
*
(b) * * *
Commodity
*
*
*
*
[FR Doc. E6–10093 Filed 6–27–06; 8:45 am]
BILLING CODE 6560–50–S
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 64
[CG Docket No. 03–123; FCC 06–81]
Telecommunications Relay Services
and Speech-to-Speech Services for
Individuals With Hearing and Speech
Disabilities
Federal Communications
Commission.
ACTION: Clarification.
mstockstill on PROD1PC61 with RULES
AGENCY:
SUMMARY: In this document, the
Commission addresses two issues
concerning the provision of Video Relay
Service (VRS) in a final rule document,
69 FR 53346, Sept. 1, 2004, a form of
telecommunications relay services
(TRS). The Commission clarifies that if
VerDate Aug<31>2005
21:18 Jun 27, 2006
Jkt 208001
the calling party or the VRS
communications assistant (CA) find that
they are not communicating effectively
given the nature of the call, the 10
minute in-call replacement rule does
not apply and the VRS provider may
have another CA handle the call. Also
in the document, the Commission
clarifies that the VRS CA may ask the
VRS user questions during call set-up
when necessary to assist the CA in
properly handling the call.
DATES: Effective July 28, 2006.
ADDRESSES: Federal Communications
Commission, 445 12th Street, SW.,
Washington DC 20554.
FOR FURTHER INFORMATION CONTACT:
Thomas Chandler, Consumer &
Governmental Affairs Bureau, Disability
Rights Office at (202) 418–1475 (voice),
(202) 418–0597 (TTY), or e-mail at
Thomas.Chandler@fcc.gov.
SUPPLEMENTARY INFORMATION: This
document does not contain new or
modified information collection
requirements subject to the PRA of
PO 00000
Frm 00030
*
Parts per million
*
*
*
*
*
Vegetable, foliage of legume, group 07 ......................................................................................................
Vegetable, legume, group 06 ......................................................................................................................
*
*
Fmt 4700
Sfmt 4700
1.0
1.0
Expiration/revocation date
6/30/09
6/30/09
1995, Public Law 104–13. In addition, it
does not contain any new or modified
‘‘information collection burden for
small business concerns with fewer than
25 employees,’’ pursuant to the Small
Business Paperwork Relief Act of 2002,
Public Law 107–198, see 44 U.S.C. 3506
(c)(4). This is a summary of the
Commission’s document FCC 06–81,
Telecommunications Relay Services and
Speech-to-Speech Services for
Individuals with Hearing and Speech
Disabilities, Order, CG Docket No. 03–
123, adopted June 12, 2006, released
June 16, 2006, addressing issues raised
in Telecommunications Relay Services
and Speech-to-Speech Services for
Individuals with Hearing and Speech
Disabilities, Report and Order, Order on
Reconsideration, CC Docket Nos. 90–
571 and 98–67, CG Docket No. 03–123,
published at 69 FR 53346, September 1,
2004.
The full text of document FCC 06–81
and copies of any subsequently filed
documents in this matter will be
E:\FR\FM\28JNR1.SGM
28JNR1
Agencies
[Federal Register Volume 71, Number 124 (Wednesday, June 28, 2006)]
[Rules and Regulations]
[Pages 36687-36690]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-10093]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[EPA-HQ-OPP-2006-0395; FRL-8068-2]
Myclobutanil; Pesticide Tolerances for Emergency Exemptions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This regulation establishes time-limited tolerances for legume
vegetables (except soybeans) and foliage of legume vegetables (except
soybeans) of myclobutanil in or on vegetable, legume (except soybeans)
and vegetable, foliage of legume (except soybeans). This action is in
response to EPA's granting of an emergency exemption under section 18
of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
authorizing use of the pesticide on vegetable, legume (except soybeans)
and vegetable, foliage of legume (except soybeans). This regulation
establishes a maximum permissible level for residues of myclobutanil in
this food commodity. These tolerances will expire and are revoked on
June 30, 2009.
DATES: This regulation is effective June 28, 2006. Objections and
requests for hearings must be received on or before August 28, 2006,
and must be filed in accordance with the instructions provided in 40
CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).
ADDRESSES: EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPP-2006-0395. 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 Facility is (703) 305-5805.
FOR FURTHER INFORMATION CONTACT: Stacey Groce, Registration Division
(7505P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone
number: (703) 305-2505; e-mail address: groce.stacey@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 111)
Animal production (NAICS 112)
Food manufacturing (NAICS 311)
Pesticide manufacturing (NAICS 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
[[Page 36688]]
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?
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-2006-0395 in the
subject line on the first page of your submission. All requests must be
in writing, and must be mailed or delivered to the Hearing Clerk on or
before August 28, 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 may be disclosed publicly by EPA
without prior notice. Submit your copies, identified by docket ID
number EPA-HQ-OPP-2006-0395, 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 Facility is (703) 305-5805.
II. Background and Statutory Findings
EPA, on its own initiative, in accordance with sections 408(e) and
408(l)(6) of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21
U.S.C. 346a, is establishing tolerances for combined residues of the
fungicide myclobutanil, alpha-butyl-alpha-(4-chlorophenyl)-1H-1,2,4-
triazole-1-propanenitrile and its alcohol metabolite (alpha-(3-
hydroxybutyl)-alpha-(4-chlorophenyl)-1H-1,2,4-triazole-1-propanenitrile
(free and bound), in or on vegetable, legume (except soybean), Crop
Group 6 and vegetable, foliage of legume (except soybean), Crop Group 7
at 1.0 parts per million (ppm). These tolerances will expire and are
revoked on June 30, 2009. EPA will publish a document in the Federal
Register to remove the revoked tolerances from the Code of Federal
Regulations.
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 section 18
of FIFRA. Such tolerances can be established without providing notice
or period for public comment. EPA does not intend for its actions on
section 18 related tolerances to set binding precedents for the
application of section 408 of the FFDCA and the new safety standard to
other tolerances and exemptions. Section 408(e) of the FFDCA allows EPA
to establish a tolerance or an exemption from the requirement of a
tolerance on its own initiative, i.e., without having received any
petition from an outside party.
Section 408(b)(2)(A)(i) of the FFDCA allows EPA to establish a
tolerance (the legal limit for a pesticide chemical residue in or on a
food) only if EPA determines that the tolerance is ``safe.'' Section
408(b)(2)(A)(ii) of the FFDCA defines ``safe'' to mean that ``there is
a reasonable certainty that no harm will result from aggregate exposure
to the pesticide chemical residue, including all anticipated dietary
exposures and all other exposures for which there is reliable
information.'' This includes exposure through drinking water and in
residential settings, but does not include occupational exposure.
Section 408(b)(2)(C) of the FFDCA requires EPA to give special
consideration to exposure of infants and children to the pesticide
chemical residue in establishing a tolerance and to ``ensure that there
is a reasonable certainty that no harm will result to infants and
children from aggregate exposure to the pesticide chemical residue. . .
.''
Section 18 of the FIFRA authorizes EPA to exempt any Federal or
State agency from any provision of FIFRA, if EPA determines that
``emergency conditions exist which require such exemption.'' This
provision was not amended by the Food Quality Protection Act of 1996
(FQPA). EPA has established regulations governing such emergency
exemptions in 40 CFR part 166.
III. Emergency Exemption for Myclobutanil on Vegetable, Legume (Except
Soybeans) and Vegetable, Foliage of Legume (Except Soybeans and FFDCA
Tolerances
The States of Florida and Tennessee, as lead state agencies in what
is essentially a ``national'' emergency exemption request for vegetable
legume growing states, have petitioned the Agency requesting an
Emergency Exemption for myclobutanil to control soybean rust under
section 18 of FIFRA. On November 10, 2004, U.S. Department of
Agriculture's Animal and Plant Health Inspection Service (USDA/APHIS)
confirmed the presence of Phakopsora pachyrhizi, the pathogen that
causes soybean rust, on soybean leaf samples taken from two plots
associated with a Louisiana State University research farm. Soybean
rust has been designated as a biosecurity threat and therefore it is
important that control measures be available for this disease. Legume
crops, in general are considered a suitable host for the pathogen that
causes soybean rust. So, for this reason, legume crops are vulnerable
to this plant disease. EPA has authorized under FIFRA section 18 the
use of myclobutanil on vegetable, legume (except soybeans) and
vegetable, foliage of legume (except soybeans) for control of soybean
rust in Florida and Tennessee, and all other states that have requested
an exemption for this use. After having reviewed the submission, EPA
concurs that emergency conditions exist for these States.
As part of its assessment of this emergency exemption, EPA assessed
the potential risks presented by residues of myclobutanil in or on
vegetable, legume (except soybeans) and vegetable, foliage of legume
(except soybeans). In doing
[[Page 36689]]
so, EPA considered the safety standard in section 408(b)(2) of the
FFDCA, and EPA 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. Consistent with the need to move quickly on the
emergency exemption in order to address an urgent non-routine situation
and to ensure that the resulting food is safe and lawful, EPA is
issuing these tolerances without notice and opportunity for public
comment as provided in section 408(l)(6) of the FFDCA. Although these
tolerances will expire and are revoked on June 30, 2009, under section
408(l)(5) of the FFDCA, residues of the pesticide not in excess of the
amounts specified in the tolerances remaining in or on vegetable,
legume (except soybeans) and vegetable, foliage of legume (except
soybeans) after that date will not be unlawful, provided the pesticide
is applied in a manner that was lawful under FIFRA, and the residues do
not exceed a level that was authorized by this tolerance at the time of
that application. 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.
Because these tolerances are being approved under emergency
conditions, EPA has not made any decisions about whether myclobutanil
meets EPA's registration requirements for use on vegetable, legume
(except soybeans) and vegetable, foliage of legume (except soybeans) or
whether permanent tolerances for this use would be appropriate. Under
these circumstances, EPA does not believe that these tolerances serve
as a basis for registration of myclobutanil by a State for special
local needs under FIFRA section 24(c). Nor do these tolerances serve as
the basis for any State other than those which have been granted
exemptions as part of the vegetable, legume (except soybeans) and
vegetable, foliage of legume (except soybeans) section 18 to use this
pesticide on this crop under section 18 of FIFRA without following all
provisions of EPA's regulations implementing FIFRA section 18 as
identified in 40 CFR part 166. For additional information regarding the
emergency exemption for myclobutanil, contact the Agency's Registration
Division at the address provided under FOR FURTHER INFORMATION CONTACT.
IV. Aggregate Risk Assessment and Determination of Safety
EPA performs a number of analyses to determine the risks from
aggregate exposure to pesticide residues. For further discussion of the
regulatory requirements of section 408 of the FFDCA and a complete
description of the risk assessment process, see the final rule on
Bifenthrin Pesticide Tolerances (62 FR 62961, November 26, 1997) (FRL-
5754-7).
Consistent with section 408(b)(2)(D) of the FFDCA, EPA has reviewed
the available scientific data and other relevant information in support
of this action. EPA has sufficient data to assess the hazards of
myclobutanil and to make a determination on aggregate exposure,
consistent with section 408(b)(2) of the FFDCA, for time-limited
tolerances for residues of myclobutanil in or on vegetable, legume
(except soybeans) and vegetable, foliage of legume (except soybeans) at
1.0 ppm. EPA recently assessed the potential risks presented by
residues of myclobutanil in or on vegetable, legume (except soybeans)
and vegetable, foliage of legume (except soybeans) as part of the
dietary exposure estimates in the human health risk assessment for
another proposed section 18 use of myclobutanil. EPA was still
evaluating the emergency application on the specialty legume crops at
that time and did not include a regulatory expression for these time-
limited tolerances in the earlier notice. However, the human health
risk assessment of the dietary exposures and risks associated with
establishing these tolerances is discussed fully in the final rule
published in the Federal Register of August 24, 2005 (70 FR 49499)
(FRL-7731-2).
V. Other Considerations
A. Analytical Enforcement Methodology
Adequate enforcement methodology (example--gas chromatography) is
available to enforce the tolerance expression. The method may be
requested from: Chief, Analytical Chemistry Branch, Environmental
Science Center, 701 Mapes Rd., Ft. Meade, MD 20755-5350; telephone
number: (410) 305-2905; e-mail address: residuemethods@epa.gov.
B. International Residue Limits
There are no CODEX, Canadian, or Mexican Maximum Residue Limits
(MRLs) for myclobutanil on legumes (excluding soybeans). Therefore,
there are no international harmonization issues associated with this
action.
VI. Conclusion
Therefore, the tolerances are established for combined residues of
myclobutanil, alpha-butyl-alpha-(4-chlorophenyl)-1H-1,2,4-triazole-1-
propanenitrile and its alcohol metabolite (alpha-(3-hydroxybutyl)-
alpha-(4-chlorophenyl)-1H-1,2,4-triazole-1-propanenitrile (free and
bound), in or on vegetable, legume (except soybeans) and vegetable,
foliage of legume (except soybeans) at 1.0 ppm.
VII. 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 on the basis of a FIFRA
section 18 exemption under section 408 of the FFDCA, 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
[[Page 36690]]
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.
VIII. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of this final rule in the Federal Register. This final
rule is not a ``major rule'' as defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 180
Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.
Dated: June 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 as follows:
Authority: 21 U.S.C. 321(q), 346a and 371.
0
2. Section 180.443 is amended by alphabetically adding commodities to
the table in paragraph (b) to read as follows:
Sec. 180.443 Myclobutanil; tolerances for residues.
* * * * *
(b) * * *
------------------------------------------------------------------------
Expiration/
Commodity Parts per million revocation date
------------------------------------------------------------------------
* * * * *
Vegetable, foliage of legume, 1.0 6/30/09
group 07.........................
Vegetable, legume, group 06....... 1.0 6/30/09
------------------------------------------------------------------------
* * * * *
[FR Doc. E6-10093 Filed 6-27-06; 8:45 am]
BILLING CODE 6560-50-S