Diphenylamine; Pesticide Tolerance, 16281-16283 [E7-5804]
Download as PDF
Federal Register / Vol. 72, No. 64 / Wednesday, April 4, 2007 / Rules and Regulations
16281
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).
ENVIRONMENTAL PROTECTION
AGENCY
SUPPLEMENTARY INFORMATION:
40 CFR Part 180
A. Does this Action Apply to Me?
[EPA–HQ–OPP–2006–0731; FRL–8120–4]
List of Subjects in 40 CFR Part 174
SUMMARY: This regulation establishes a
tolerance for residues of diphenylamine
in or on pear. Interregional Research
Project Number 4 (IR-4) requested this
tolerance under the Federal Food, Drug,
and Cosmetic Act (FFDCA).
DATES: This regulation is effective April
4, 2007. Objections and requests for
hearings must be received on or before
June 4, 2007, and must be filed in
accordance with the instructions
provided in 40 CFR part 178 (see also
Unit I.C. of the SUPPLEMENTARY
INFORMATION).
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 those engaged in the
following activities:
• Crop production (NAICS code 111),
e.g., agricultural workers; greenhouse,
nursery, and floriculture workers;
farmers.
• Animal production (NAICS code
112), e.g., cattle ranchers and farmers,
dairy cattle farmers, livestock farmers.
• Food manufacturing (NAICS code
311), e.g., agricultural workers; farmers;
greenhouse, nursery, and floriculture
workers; ranchers; pesticide applicators.
• Pesticide manufacturing (NAICS
code 32532), e.g., agricultural workers;
commercial applicators; farmers;
greenhouse, nursery, and floriculture
workers; residential users.
This listing is not intended to be
exhaustive, but rather to provide 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.
Environmental protection,
Administrative practice and procedure,
Agricultural commodities, Pesticides
and pests, Reporting and recordkeeping
requirements.
Dated: March 23, 2007.
James Jones,
Director, Office of Pesticide Programs.
Therefore, 40 CFR chapter I is
amended as follows:
I
PART 174—AMENDED
Authority: 21 U.S.C. 321(q), 346a and 371.
2. Section 174.458 is added to subpart
W to read as follows:
I
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§ 174.458 Bacillus thuringiensis Vip3Aa20
protein and the genetic material necessary
for its production in corn; temporary
exemption from the requirement of a
tolerance.
Residues of Bacillus thuringiensis
Vip3Aa20 protein in corn are
temporarily exempt from the
requirement of a tolerance when used as
a plant-incorporated protectant in the
food and feed commodities of corn;
corn, field; corn, sweet; corn, pop. This
temporary exemption from the
requirement of tolerance will permit the
use of the food commodities in this
paragraph when treated in accordance
with the provisions of the experimental
use permit 67979–EUP–6, which is
being issued in accordance with the
provisions of the Federal Insecticide,
Fungicide, and Rodenticide Act
(FIFRA), as amended (7 U.S.C. 136).
This temporary exemption from the
requirement of a tolerance expires and
is revoked March 31, 2008; however, if
the experimental use permit is revoked,
or if any experience with or scientific
data on this pesticide indicate that the
temporary tolerance exemption is not
safe, this temporary exemption from the
requirement of a tolerance may be
revoked at any time.
BILLING CODE 6560–50–S
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Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA has established a
docket for this action under docket
identification (ID) number EPA-HQOPP-2006-0731. To access the electronic
docket, go to https://
www.regulations.gov, select ‘‘Advanced
Search,’’ then ‘‘Docket Search.’’ Insert
the docket ID number where indicated
and select the ‘‘Submit’’ button. Follow
the instructions on the regulations.gov
web site to view the docket index or
access available documents. All
documents in the docket are listed in
the docket index available in
regulations.gov. 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 Bldg.), 2777
S. Crystal Dr., Arlington, VA. The
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:
Shaja R. Brothers, Registration Division
(7505P), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460-0001; telephone number:
(703) 308-3194; e-mail address:
brothers.shaja@epa.gov.
ADDRESSES:
1. The authority citation for part 174
continues to read as follows:
I
[FR Doc. E7–6256 Filed 4–3–07; 8:45 am]
Diphenylamine; Pesticide Tolerance
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Frm 00021
Fmt 4700
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I. General Information
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 EPA’s tolerance
regulations at 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,
any person may file an objection to any
aspect of this regulation and may also
request a hearing on those objections.
You must file your objection or request
a hearing on this regulation in
E:\FR\FM\04APR1.SGM
04APR1
16282
Federal Register / Vol. 72, No. 64 / Wednesday, April 4, 2007 / Rules and Regulations
cprice-sewell on PROD1PC61 with RULES
accordance with the instructions
provided in 40 CFR part 178. To ensure
proper receipt by EPA, you must
identify docket ID number EPA-HQOPP-2006-0731 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
as required by 40 CFR part 178 on or
before June 4, 2007.
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 this copy,
identified by docket ID number EPAHQ-OPP-2006-0731, 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 Bldg.), 2777 S.
Crystal Dr., 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
Docket telephone number is (703) 3055805.
II. Petition for Tolerance and Proposed
Rule
The Interregional Research Project
Number 4 (IR-4) submitted a petition
(PP# 0E6107) for a tolerance for the
pesticide diphenylamine under section
408 of the FFDCA, 21 U.S.C. 346a.
Specifically, the petition requested that
40 CFR 180.190 be amended by
establishing a tolerance for residues of
the plant growth regulator
diphenylamine, in or on pear (post
harvest) at 5.0 parts per million (ppm).
However, neither IR-4 nor Atomchem
North American Incorporated, the
registrant, submitted all required
elements of a petition in support of
establishing a tolerance. Because the
petition was incomplete, EPA did not
publish a Notice of Filing for the
petition. Instead, in the Federal Register
of December 6, 2006 (71 FR 70703)
(FRL–8104–1), EPA issued a proposed
rule pursuant to section 408(e) of
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15:40 Apr 03, 2007
Jkt 211001
FFDCA, 21 U.S.C. 346a(e). The
proposed rule included EPA’s
explanation of why the proposed
diphenylamine tolerance regulation met
the safety standard.
The Northwest Horticulture Council
submitted two comments in favor of the
establishment of diphenylamine on
pear.
There was also a comment submitted
by a private citizen who opposed the
authorization to sell to any pesticide
that leaves a residue on food. The
Agency has previously responded to
this commenter’s claims regarding the
validity of use animal testing to
determine a pesticide’s potential
toxicity. Refer to Federal Register of (70
FR 1349, January 7, 2005). This
commenter also claimed the Agency
was ‘‘negligent’’ for only conducting 90–
day testing on rats. The commenter is
mistaken, however, because EPA
examined other rat studies involving
lifetime exposure and multiple
generations of rats. (71 FR 70703) (FRL–
7691–4), December 6, 2006).
The final comment opposed the
proposed regulation simply on the
grounds that there are ‘‘too many bugs’’
and too many pesticide regulations.
This comment supplied no rationale or
supporting information and thus no
response is warranted.
III. Action on Tolerance Petition and
Proposed Regulation
Based on the rationale and findings
set forth in the proposed rule, a
tolerance is established for the residues
of diphenylamine in or on pear at 5.0
ppm.
IV. Statutory and Executive Order
Reviews
This final rule establishes a tolerance
under section 408(d) of FFDCA in
response to a petition submitted to the
Agency. 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, 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) or Executive Order 13045,
entitled Protection of Children from
Environmental Health Risks and Safety
Risks (62 FR 19885, April 23, 1997).
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., nor does it require any special
PO 00000
Frm 00022
Fmt 4700
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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).
Pursuant to the Regulatory Flexibility
Act (RFA) (5 U.S.C. 601 et seq.), the
Agency hereby certifies that this
proposed action will not have
significant negative economic impact on
a substantial number of small entities.
Establishing a pesticide tolerance or an
exemption from the requirement of a
pesticide tolerance is, in effect, the
removal of a regulatory restriction on
pesticide residues in food and thus such
an action will not have any negative
economic impact on any entities,
including small entities.
This rule directly regulates growers,
food processors, food handlers and food
retailers, not States or tribes, nor does
this action alter the relationships or
distribution of power and
responsibilities established by Congress
in the preemption provisions of section
408(n)(4) of FFDCA. As such, the
Agency has determined that this action
will not have a substantial direct effect
on States or tribal governments, on the
relationship between the national
government and the States or tribal
governments, or on the distribution of
power and responsibilities among the
various levels of government or between
the Federal Government and Indian
tribes. Thus, the Agency has determined
that Executive Order 13132, entitled
Federalism (64 FR 43255, August 10,
1999) and Executive Order 13175,
entitled Consultation and Coordination
with Indian Tribal Governments (65 FR
67249, November 6, 2000) do not apply
to this rule. In addition, This rule does
not 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).
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).
V. Congressional Review Act
The Congressional Review Act, 5
U.S.C. 801 et seq., generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report 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.
E:\FR\FM\04APR1.SGM
04APR1
Federal Register / Vol. 72, No. 64 / Wednesday, April 4, 2007 / Rules and Regulations
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).
and pests, Reporting and recordkeeping
requirements.
Dated: March 21, 2007.
Donald R. Stubbs,
Acting Director, Registration Division, Office
of Pesticide Programs.
2. Section 180.190 is amended by
alphabetically adding the following
commodity to the table in paragraph (a)
to read as follows:
I
(a) * * *
PART 180—[AMENDED]
Environmental protection,
Administrative practice and procedure,
Agricultural commodities, Pesticides
Authority: 21 U.S.C. 321(q), 346a and 371.
§ 180.190 Diphenylamine; tolerances for
residues.
Therefore, 40 CFR chapter I is
amended as follows:
I
List of Subjects in 40 CFR Part 180
16283
1. The authority citation for part 180
continues to read as follows:
I
Commodity
Parts per million
*
*
*
*
*
*
*
*
*
*
Pear (post harvest)
*
*
*
*
5.0
*
[FR Doc. E7–5804 Filed 4–3–07; 8:45 am]
BILLING CODE 6560–50–S
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 73
[DA 07–1349; MB Docket No. 02–177; RM–
10489]
Radio Broadcasting Services; Milano,
TX
Federal Communications
Commission.
ACTION: Final rule; dismissal of petition
for reconsideration.
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AGENCY:
SUMMARY: The staff approves the
withdrawal of a petition for
reconsideration in this FM allotment
rulemaking proceeding and finds no
reason for further consideration of the
matters raised therein. See
SUPPLEMENTARY INFORMATION.
FOR FURTHER INFORMATION CONTACT:
Andrew J. Rhodes, Media Bureau, (202)
418–2180.
SUPPLEMENTARY INFORMATION: This is a
synopsis of the Commission’s
Memorandum Opinion and Order, MB
Docket No. 02–177, adopted March 16,
2007, and released March 20, 2007. The
full text of this Commission decision is
available for inspection and copying
during normal business hours in the
FCC Reference Information Center
(Room CY–A257), 445 12th Street, SW.,
Washington, DC 20554. The complete
text of this decision may also be
purchased from the Commission’s copy
contractor, Best Copy and Printing, Inc.,
Portals II, 445 12th Street, SW., Room
CY–B402, Washington, DC 20554,
telephone 1–800–378–3160 or https://
www.BCPIWEB.com.
VerDate Aug<31>2005
15:40 Apr 03, 2007
Jkt 211001
The Report and Order in this
proceeding dismissed a counterproposal
in this rulemaking proceeding filed by
Roy. E. Henderson, requesting the
upgrade and reallotment of his Station
KLTR(FM) from Channel 297A,
Caldwell, Texas, to Channel 297C3 at
Bedias, Texas. The counterproposal was
dismissed because it was technically
defective. The withdrawal of the
petition for reconsideration complies
with Section 1.420(j) of the
Commission’s rules because Henderson
has documented that he has not and
will not receive any consideration in
exchange for the withdrawal of his
petition. See 69 FR 34114 (June 18,
2004).
This document is not subject to the
Congressional Review Act. (The
Commission, is, therefore, not required
to submit a copy of this Memorandum
Opinion and Order to GAO, pursuant to
the Congressional Review Act, see 5
U.S.C. 801(a)(1)(A) because the petition
for reconsideration was dismissed).
Federal Communications Commission.
John A. Karousos,
Assistant Chief, Audio Division, Media
Bureau.
[FR Doc. E7–6225 Filed 4–3–07; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 73
National Broadcast Television
Ownership Rules
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
Frm 00023
DATES:
Effective May 4, 2007.
FOR FURTHER INFORMATION CONTACT:
Mania Baghdadi, Industry Analysis
Division, Media Bureau, Federal
Communications Commission, (202)
418–2330. Press inquiries should be
directed to Clyde Ensslin, (202) 418–
0506.
SUPPLEMENTARY INFORMATION:
Initial Paperwork Reduction Act of
1995 Analysis
This document does not contain any
information collection requirements
subject to the Paperwork Reduction Act
of 1995, Public Law 104–13. In addition,
it does not contain any 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).
Synopsis of Order
[FCC 06–117]
PO 00000
SUMMARY: In this document, the
Commission conforms its rules to
comply with the Consolidated
Appropriations Act, 2004
(Appropriations Act). The
Appropriations Act, among other things,
directs the Commission to modify the
national television ownership limit to
specify 39 percent as the maximum
aggregate national audience reach of any
single television station owner. The
Appropriations Act also adds a new
section to the Telecommunications Act
of 1996, which the Commission now
implements.
Fmt 4700
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1. On January 22, 2004, President
Bush signed into law the Consolidated
Appropriations Act, 2004, H.R. 2673
(‘‘the Appropriations Act’’).1 Section
1 Consolidated Appropriations Act, 2004, Public
Law 108–199, § 629, 118 Stat. 3 (2004).
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Agencies
[Federal Register Volume 72, Number 64 (Wednesday, April 4, 2007)]
[Rules and Regulations]
[Pages 16281-16283]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-5804]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[EPA-HQ-OPP-2006-0731; FRL-8120-4]
Diphenylamine; Pesticide Tolerance
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This regulation establishes a tolerance for residues of
diphenylamine in or on pear. Interregional Research Project Number 4
(IR-4) requested this tolerance under the Federal Food, Drug, and
Cosmetic Act (FFDCA).
DATES: This regulation is effective April 4, 2007. Objections and
requests for hearings must be received on or before June 4, 2007, 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-2006-0731. To access the
electronic docket, go to https://www.regulations.gov, select ``Advanced
Search,'' then ``Docket Search.'' Insert the docket ID number where
indicated and select the ``Submit'' button. Follow the instructions on
the regulations.gov web site to view the docket index or access
available documents. All documents in the docket are listed in the
docket index available in regulations.gov. 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 Bldg.), 2777 S. Crystal Dr., Arlington,
VA. The 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: Shaja R. Brothers, Registration
Division (7505P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (703) 308-3194; e-mail address:
brothers.shaja@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 those
engaged in the following activities:
Crop production (NAICS code 111), e.g., agricultural
workers; greenhouse, nursery, and floriculture workers; farmers.
Animal production (NAICS code 112), e.g., cattle ranchers
and farmers, dairy cattle farmers, livestock farmers.
Food manufacturing (NAICS code 311), e.g., agricultural
workers; farmers; greenhouse, nursery, and floriculture workers;
ranchers; pesticide applicators.
Pesticide manufacturing (NAICS code 32532), e.g.,
agricultural workers; commercial applicators; farmers; greenhouse,
nursery, and floriculture workers; residential users.
This listing is not intended to be exhaustive, but rather to
provide 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?
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 EPA's tolerance regulations at
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, any person may file an objection
to any aspect of this regulation and may also request a hearing on
those objections. You must file your objection or request a hearing on
this regulation in
[[Page 16282]]
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-
2006-0731 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 as required by 40 CFR part 178 on or before June 4, 2007.
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 this copy, identified by docket ID number
EPA-HQ-OPP-2006-0731, 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
Bldg.), 2777 S. Crystal Dr., 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
Docket telephone number is (703) 305-5805.
II. Petition for Tolerance and Proposed Rule
The Interregional Research Project Number 4 (IR-4) submitted a
petition (PP 0E6107) for a tolerance for the pesticide
diphenylamine under section 408 of the FFDCA, 21 U.S.C. 346a.
Specifically, the petition requested that 40 CFR 180.190 be amended by
establishing a tolerance for residues of the plant growth regulator
diphenylamine, in or on pear (post harvest) at 5.0 parts per million
(ppm). However, neither IR-4 nor Atomchem North American Incorporated,
the registrant, submitted all required elements of a petition in
support of establishing a tolerance. Because the petition was
incomplete, EPA did not publish a Notice of Filing for the petition.
Instead, in the Federal Register of December 6, 2006 (71 FR 70703)
(FRL-8104-1), EPA issued a proposed rule pursuant to section 408(e) of
FFDCA, 21 U.S.C. 346a(e). The proposed rule included EPA's explanation
of why the proposed diphenylamine tolerance regulation met the safety
standard.
The Northwest Horticulture Council submitted two comments in favor
of the establishment of diphenylamine on pear.
There was also a comment submitted by a private citizen who opposed
the authorization to sell to any pesticide that leaves a residue on
food. The Agency has previously responded to this commenter's claims
regarding the validity of use animal testing to determine a pesticide's
potential toxicity. Refer to Federal Register of (70 FR 1349, January
7, 2005). This commenter also claimed the Agency was ``negligent'' for
only conducting 90-day testing on rats. The commenter is mistaken,
however, because EPA examined other rat studies involving lifetime
exposure and multiple generations of rats. (71 FR 70703) (FRL-7691-4),
December 6, 2006).
The final comment opposed the proposed regulation simply on the
grounds that there are ``too many bugs'' and too many pesticide
regulations. This comment supplied no rationale or supporting
information and thus no response is warranted.
III. Action on Tolerance Petition and Proposed Regulation
Based on the rationale and findings set forth in the proposed rule,
a tolerance is established for the residues of diphenylamine in or on
pear at 5.0 ppm.
IV. Statutory and Executive Order Reviews
This final rule establishes a tolerance under section 408(d) of
FFDCA in response to a petition submitted to the Agency. 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, 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) or Executive Order 13045, entitled Protection of Children
from Environmental Health Risks and Safety Risks (62 FR 19885, April
23, 1997). 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., 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).
Pursuant to the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et
seq.), the Agency hereby certifies that this proposed action will not
have significant negative economic impact on a substantial number of
small entities. Establishing a pesticide tolerance or an exemption from
the requirement of a pesticide tolerance is, in effect, the removal of
a regulatory restriction on pesticide residues in food and thus such an
action will not have any negative economic impact on any entities,
including small entities.
This rule directly regulates growers, food processors, food
handlers and food retailers, not States or tribes, nor does this action
alter the relationships or distribution of power and responsibilities
established by Congress in the preemption provisions of section
408(n)(4) of FFDCA. As such, the Agency has determined that this action
will not have a substantial direct effect on States or tribal
governments, on the relationship between the national government and
the States or tribal governments, or on the distribution of power and
responsibilities among the various levels of government or between the
Federal Government and Indian tribes. Thus, the Agency has determined
that Executive Order 13132, entitled Federalism (64 FR 43255, August
10, 1999) and Executive Order 13175, entitled Consultation and
Coordination with Indian Tribal Governments (65 FR 67249, November 6,
2000) do not apply to this rule. In addition, This rule does not 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).
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).
V. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report 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.
[[Page 16283]]
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: March 21, 2007.
Donald R. Stubbs,
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.
0
2. Section 180.190 is amended by alphabetically adding the following
commodity to the table in paragraph (a) to read as follows:
Sec. 180.190 Diphenylamine; tolerances for residues.
(a) * * *
------------------------------------------------------------------------
Commodity Parts per million
------------------------------------------------------------------------
* * * * *
Pear (post harvest) 5.0
* * * * *
------------------------------------------------------------------------
* * * * *
[FR Doc. E7-5804 Filed 4-3-07; 8:45 am]
BILLING CODE 6560-50-S