Pesticide Tolerance Nomenclature Changes; Technical Amendment, 35663-35666 [E7-12645]
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Federal Register / Vol. 72, No. 125 / Friday, June 29, 2007 / Rules and Regulations
conclusions. Decisions will be rendered
for the Board by a single Administrative
Judge with the concurrence of the
Chairman or Vice Chairman or other
designated Administrative Judge, or by
a majority among these two and an
additional designated member in case of
disagreement. In cases where the
amount in dispute is $50,000 or less and
in which there has been a hearing, the
single Administrative Judge presiding at
the hearing may, with the concurrence
of both parties, convert the appeal to a
SMALL CLAIMS (EXPEDITED)
proceeding and at the conclusion of the
hearing, after entertaining such oral
arguments as he or she deems
appropriate, render on the record oral
summary findings of fact, conclusions of
law, and a decision of the appeal.
Whenever such an oral decision is
rendered, the Board will subsequently
furnish the parties a printed copy of
such oral decision for record and
payment purposes and to establish the
date of commencement of the period for
filing a motion for reconsideration
under § 955.30.
(c) At the request of Respondent, or
on its own initiative, the Board may
determine whether the amount in
dispute and/or the appellant’s status
make the election of the SMALL
CLAIMS (EXPEDITED) procedure or the
ACCELERATED procedure
inappropriate.
(d) Motions for Reconsideration in
Cases Arising Under § 955.13. Motions
for reconsideration of cases decided
under either the SMALL CLAIMS
(EXPEDITED) procedure or the
ACCELERATED procedure need not be
decided within the time periods
prescribed by this § 955.13 for the initial
decision of the appeal, but all such
motions shall be processed and decided
rapidly so as to fulfill the intent of this
section.
(e) Except as herein modified, the
rules of this part 955 otherwise apply in
all aspects.
Stanley F. Mires,
Chief Counsel, Legislative.
[FR Doc. E7–12491 Filed 6–28–07; 8:45 am]
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BILLING CODE 7710–12–P
ENVIRONMENTAL PROTECTION
AGENCY
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 51
40 CFR Part 63
Requirements for Preparation,
Adoption, and Submittal of
Implementation Plans
National Emission Standards for
Hazardous Air Pollutants for Source
Categories
CFR Correction
In Title 40 of the Code of Federal
Regulations, Parts 50 to 51, revised as of
July 1, 2006, in Appendix S to Part 51,
on page 483, reinstate paragraph
II.A.4(iii) to read as follows:
CFR Correction
In Title 40 of the Code of Federal
Regulations, Part 63 (§§ 63.600 to
63.1199), revised as of July 1, 2006, in
§ 63.1103, paragraph (e)(2), on page 547,
in alphabetical order, add the definition
of ‘‘Organic HAP’’ to read as follows:
Appendix S to Part 51—Emission Offset
Interpretative Ruling
§ 63.1103 Source category-specific
applicability, definitions, and requirements.
*
*
*
*
*
*
II.* * *
A.* * *
4.* * *
(iii) The fugitive emissions of a stationary
source shall not be included in determining
for any of the purposes of this ruling whether
it is a major stationary source, unless the
source belongs to one of the following
categories of stationary sources:
(a) Coal cleaning plants (with thermal
dryers);
(b) Kraft pulp mills;
(c) Portland cement plants;
(d) Primary zinc smelters;
(e) Iron and steel mills;
(f) Primary aluminum ore reduction plants;
(g) Primary copper smelters;
(h) Municipal incinerators capable of
charging more than 250 tons of refuse per
day;
(i) Hydrofluoric, sulfuric, or nitric acid
plants;
(j) Petroleum refineries;
(k) Lime plants;
(l) Phosphate rock processing plants;
(m) Coke oven batteries;
(n) Sulfur recovery plants;
(o) Carbon black plants (furnace process);
(p) Primary lead smelters;
(q) Fuel conversion plants;
(r) Sintering plants;
(s) Secondary metal production plants;
(t) Chemical process plants;
(u) Fossil-fuel boilers (or combination
thereof) totaling more than 250 million
British thermal units per hour heat input;
(v) Petroleum storage and transfer units
with a total storage capacity exceeding
300,000 barrels;
(w) Taconite ore processing plants;
(x) Glass fiber processing plants;
(y) Charcoal production plants;
(z) Fossil fuel-fired steam electric plants of
more than 250 million British thermal units
per hour heat input;
(aa) Any other stationary source category
which, as of August 7, 1980, is being
regulated under section 111 or 112 of the Act.
*
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[FR Doc. 07–55507 Filed 6–28–07; 8:45 am]
BILLING CODE 1505–01–D
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(e)* * *
(2)* * *
Organic HAP means the compounds
listed in Table 1 to subpart XX of this
part.
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[FR Doc. 07–55506 Filed 6–28–07; 8:45 am]
BILLING CODE 1505–01–D
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 170
Worker Protection Standard
CFR Correction
In Title 40 of the Code of Federal
Regulations, Parts 150 to 189, revised as
of July 1, 2006, in § 170.112, on page
212, paragraph (a)(1) is corrected to read
as follows:
§ 170.112
Entry restrictions.
(a) * * * (1) After the application of
any pesticide on an agricultural
establishment, the agricultural employer
shall not allow or direct any worker to
enter or to remain in the treated area
before the restricted-entry interval
specified on the pesticide labeling has
expired, except as provided in this
section.
*
*
*
*
*
[FR Doc. 07–55508 Filed 6–28–07; 8:45 am]
BILLING CODE 1505–01–D
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2002–0043; FRL–8131–3]
Pesticide Tolerance Nomenclature
Changes; Technical Amendment
Environmental Protection
Agency (EPA).
AGENCY:
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Federal Register / Vol. 72, No. 125 / Friday, June 29, 2007 / Rules and Regulations
Final rule; technical
amendment.
ACTION:
SUMMARY: This document removes
duplicate entries in terminology of
certain commodity terms listed under
40 CFR part 180, subpart C. EPA is
taking this action to establish a uniform
listing of commodity terms.
DATES: This Final Rule is effective on
June 29, 2007.
ADDRESSES: EPA has established a
docket for this action under docket
identification (ID) number EPA–HQ–
OPP–2002–0043. 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 Docket telephone number
is (703) 305–5805.
FOR FURTHER INFORMATION CONTACT:
Stephen Schaible, Registration Division
(7505P), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460–0001; telephone number:
(703) 308–9362; fax number: (703) 305–
6920; e-mail address:
schaible.stephen@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
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A. Does this Action Apply to Me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. Potentially
affected entities may include, but are
not limited to:
• Crop production (NAICS code 111),
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 manufacturer (NAICS code
311), e.g., agricultural workers; farmers;
greenhouse, nursery, and floriculture
workers; ranchers; pesticide applicators.
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• Pesticide manufacturer (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 provides a guide
for readers regarding entities likely to be
affected by this action. Other types of
entities not listed in this unit could also
be affected. The North American
Industrial Classification System
(NAICS) codes have been provided to
assist you and others in determining
whether this action might apply to
certain entities. If you have any
questions regarding the applicability of
this action to a particular entity, consult
the person listed under FOR FURTHER
INFORMATION CONTACT.
B. How Can I Access Electronic Copies
of this Document?
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.
II. Background
A. What Action is the Agency Taking?
In this rule, EPA is removing certain
duplicate tolerance entries listed under
40 CFR part 180, subpart C, as follows:
1. In § 180.106, in the table to
paragraph (a), EPA is removing one of
the two duplicate entries for ‘‘Rye,
forage.’’
2. In § 180.111, in the table to
paragraph (a)(1), EPA is removing the
entry for ‘‘Almond, shells’’ at 50 ppm.
A tolerance is established for the
appropriate commodity term ‘‘Almond,
hulls’’ at 50 ppm.
3. In § 180.121, in the table to
paragraph (e), EPA is removing one of
the two duplicate entries for ‘‘Peach.’’
4. In § 180.163, in the table to
paragraph (a), EPA is removing the entry
for ‘‘Hay, spearmint’’ at 25 ppm. A
tolerance is established for the
appropriate commodity term
‘‘Spearmint, tops’’ at 25 ppm.
5. In § 180.220, in the table to
paragraph (a)(1), EPA is removing one of
the two duplicate entries for ‘‘Wheat,
straw.’’
6. In § 180.213, in the table to
paragraph (a)(1), EPA is removing the
entry for ‘‘Alfalfa’’ at 15 ppm.
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Tolerances are established for the
appropriate commodities ‘‘Alfalfa,
forage’’ at 15 ppm and ‘‘Alfalfa, hay’’ at
15 ppm.
7. In § 180.213, in the table to
paragraph (a)(1) EPA is making the
following changes:
i. EPA is removing the entry for
‘‘Bermuda grass’’ at 15 ppm. Tolerances
are established for the appropriate
commodities ‘‘Bermudagrass, forage’’ at
15 ppm and ‘‘Bermudagrass, hay’’ at 15
ppm.
ii. EPA is also removing the entry for
‘‘Grass’’ at 15 ppm. Tolerances are
established for the appropriate
commodities ‘‘Grass, forage’’ at 15 ppm
and ‘‘Grass, hay’’ at 15 ppm.
8. In § 180.227, in the table to
paragraph (a)(1), EPA is making the
following changes:
i. EPA is removing the entry for
‘‘Corn, forage’’ at 0.05 ppm. A tolerance
is established for the appropriate
commodity ‘‘Corn, field, forage’’ at 3.0
ppm.
ii. EPA is also removing the entry for
‘‘Corn, stover’’ at 0.5 ppm. Tolerances
are established for the appropriate
commodities ‘‘Corn, field, stover’’ at 3.0
ppm and ‘‘Corn, pop, stover’’ at 3.0
ppm.
9. In § 180.253, in the table to
paragraph (a), EPA is removing one of
the two duplicate entries for ‘‘Rye,
forage.’’
10. In § 180.324, in the table to
paragraph (a)(1), EPA is removing one of
the two duplicate entries for ‘‘Corn,
field, stover.’’
11. In § 180.408, in the table to
paragraph (a), EPA is removing one of
the two duplicate entries for ‘‘Peanut,
hay;’’ in the table to paragraph (d) EPA
is removing one of two identical entries
for ‘‘Oat, straw;’’ and ‘‘Wheat, straw.’’
12. In § 180.462, the table to
paragraph (a), EPA is removing the entry
for ‘‘Corn, forage’’.
13. In § 180.484, the table to
paragraph (a)(1), EPA is removing the
entry for ‘‘Goat, milk‘‘; ‘‘Hog, milk’’ and
‘‘Horse, milk’’ at 0.05 ppm. A tolerance
is established for the appropriate
commodity ‘‘Milk’’at 0.05 ppm.
B. Why is this Technical Amendment
Issued as a Final Rule?
Section 553 of the Administrative
Procedure Act (APA), 5 U.S.C.
553(b)(B), provides that, when an
agency for good cause finds that notice
and public procedure are impracticable,
unnecessary or contrary to the public
interest, the agency may issue a rule
without providing notice and an
opportunity for public comment. EPA
has determined that there is good cause
for making today’s technical
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amendment final without prior proposal
and opportunity for comment. A
complete description of the types of
changes that are being made has been
provided above. EPA has determined
that there is no need for public
comment on such ministerial changes
and thus that there is good cause under
5 U.S.C. 553(b)(B) for dispensing with
public comment. While EPA believes
that it has correctly identified all
instances where these above-listed
revisions need to be made, the Agency
would appreciate readers notifying EPA
of discrepancies, omissions, or technical
problems by submitting them to the
address or e-mail under FOR FURTHER
INFORMATION CONTACT. These will be
corrected in a future rule.
III. Statutory and Executive Order
Reviews
This final rule makes technical
amendments to the Code of Federal
Regulations which have no substantive
impact on the underlying regulations,
and it does not otherwise impose or
amend any requirements. As such, the
Office of Management and Budget
(OMB) has determined that a technical
amendment is not a ‘‘significant
regulatory action’’ subject to review by
OMB under Executive Order 12866,
entitled Regulatory Planning and
Review (58 FR 51735, October4, 1993).
Because this final rule has been
exempted from review under Executive
Order 12866 due to its lack of
significance, this final 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),
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Public Law 104–113, section 12(d)(15
U.S.C. 272 note). The Regulatory
Flexibility Act (RFA) (5 U.S.C. 601et
seq.) generally requires an agency to
prepare a regulatory flexibility analysis
of any rule subject to notice and
comment rulemaking requirements
under the Administrative Procedure Act
or any other statute unless the agency
certifies that the rule will not have a
significant impact on a substantial
number of small entities. Small entities
include small businesses, small
organizations, and small governmental
organizations. After considering the
economic impacts of today’s final rule
on small entities, I certify that this
action will not have a significant
economic impact on a substantial
number of small entities. This action
makes technical amendments to the
Code of Federal Regulations which have
no substantive impact on the underlying
regulations. This technical amendment
will not have any negative economic
impact on any entities, including small
entities. In addition, the Agency has
determined that this action will not
have a substantial direct effect on States,
on the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132, entitled
Federalism (64 FR 43255, August 10,
1999). Executive Order 13132 requires
EPA to develop an accountable process
to ensure ‘‘meaningful and timely input
by State and local officials in the
development of regulatory policies that
have federalism implications.’’ ‘‘Policies
that have federalism implications’’is
defined in the Executive Order to
include regulations that
have‘‘substantial direct effects on the
States, on the relationship between the
national government and the States, or
on the distribution of power and
responsibilities among the various
levels of government.’’ This final rule
directly regulates growers, food
processors, food handlers and food
retailers, not States. This action does not
alter the relationships or distribution of
power and responsibilities established
by Congress in the preemption
provisions of section 408(n)(4) of the
FFDCA. For these same reasons, the
Agency has determined that this final
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
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35665
timely input by tribal officials in the
development of regulatory policies that
have tribal implications.’’ ‘‘Policies that
have tribal implications’’ isdefined 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
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 final rule.
IV. 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).
Lists of Subjects in 40 CFR Part 180
Environmental protection,
Administrative practice and procedure,
Agricultural commodities, Pesticides
and pest, Reporting and recordkeeping
requirements.
Dated: June 15, 2007.
Debra Edwards,
Director, Office of Pesticide Programs.
Therefore, 40 CFR chapter I, part 180
is amended as follows:
I
PART 180—[AMENDED]
1. The authority citation for part 180
continues to read as follows:
I
Authority: 21 U.S.C. 321(q), 346a, and 371.
I
2. Part 180 is amended as follows:
In Section
180.111
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(a)(1)
table
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Remove the entry
Almonds, shells
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In Section
In paragraph
Remove the entry
ENVIRONMENTAL PROTECTION
AGENCY
180.163
(a) table
Hay, spearmint
40 CFR Part 273
180.213
(a)(1)
table
Alfalfa
Standards for Universal Waste
Management
180.213
(a)(1)
table
Bermuda grass
CFR Correction
180.213
(a)(1)
table
Grass
180.227
(a)(1)
table
Corn, forage
180.227
(a)(1)
table
Corn, stover
180.462
(a) table
Corn, forage
180.484
(a)(1)
table
Goat, milk
180.484
(a)(1)
table
Hog, milk
180.484
(a)(1)
table
Horse, milk
§ 180.106
In Title 40 of the Code of Federal
Regulations, Parts 266 to 299, revised as
of July 1, 2006, in § 273.9, on page 463,
in alphabetical order, reinstate the
definition of ‘‘On-site’’ to read as
follows:
§ 273.9
[Amended]
3. In § 180.106 the table to paragraph
(a)(1), by removing one of the two
entries for ‘‘Rye, forage.’’
I
§ 180.121
*
*
*
*
On-site means the same or
geographically contiguous property
which may be divided by public or
private right-of-way, provided that the
entrance and exit between the
properties is at a cross-roads
intersection, and access is by crossing as
opposed to going along the right of way.
Non-contiguous properties owned by
the same person but connected by a
right-of-way which he controls and to
which the public does not have access,
are also considered on-site property.
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BILLING CODE 1505–01–D
[Amended]
4. In § 180.121, the table to paragraph
(e), by removing one of the two entries
for ‘‘Peach.’’
I
§ 180.220
Definitions.
*
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Part 1816
[Amended]
RIN 2700–AD33
5. In § 180.220, the table to paragraph
(a)(1), by removing one of the two
entries for ‘‘Wheat, straw.’’
I
§ 180.253
[Amended]
6. In § 180.253, the table to paragraph
(a), by removing one of the two entries
for ‘‘Rye, forage.’’
I
§ 180.324
[Amended]
7. In § 180.324, the table to paragraph
(a)(1), by removing one of the two
entries for ‘‘Corn, field, stover.’’
I
§ 180.408
[Amended]
8. In § 180.408, the table to paragraph
(a), by removing one of the two entries
for ‘‘Peanut, hay;’’ and in the table to
paragraph (d) by removing one of the
two entries for ‘‘Oat, straw;’’ and one of
the two entries for ‘‘Wheat, straw.’’
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I
Award Fee Administrative Changes
National Aeronautics and
Space Administration.
ACTION: Final rule.
AGENCY:
SUMMARY: This final rule makes
administrative changes to the NASA
FAR Supplement (NFS) to clarify the
requirements for award fee evaluation
factors and to add a requirement for a
documented cost/benefit analysis when
an award fee contract is used.
EFFECTIVE DATE: This rule is effective
June 29, 2007.
FOR FURTHER INFORMATION CONTACT: Tom
O’Toole, NASA, Office of Procurement,
Contract Management Division (Suite
5J86); (202) 358–0478; e-mail:
thomas.otoole@nasa.gov.
A. Background
BILLING CODE 6560–50–S
The Government Accountability
Office (GAO) report entitled ‘‘NASA
Procurement: Use of Award Fees for
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B. Regulatory Flexibility Act
The Regulatory Flexibility Act does
not apply to this final rule. This final
rule does not constitute a significant
revision within the meaning of FAR
1.501 and Public Law 98–577, and
publication for public comment is not
required. However, NASA will consider
comments from small entities
concerning the affected NFS coverage in
accordance with 5 U.S.C. 610. Interested
parties should cite 5 U.S.C. 601, et seq.,
in correspondence.
C. Paperwork Reduction Act
The Paperwork Reduction Act (Pub.
L. 104–13) is not applicable because the
NFS changes do not impose information
collection requirements that require the
approval of the Office of Management
and Budget under 44 U.S.C. 3501, et
seq.
List of Subjects in 48 CFR Part 1816
Government procurement.
Sheryl Goddard,
Acting Assistant Administrator for
Procurement.
Accordingly, 48 CFR part 1816 is
amended as follows:
I
PART 1816—TYPES OF CONTRACTS
1. The authority citation for 48 CFR
part 1816 continues to read as follows:
I
Authority: 42 U.S.C. 2473(c)(1).
2. Revise paragraph (a) of section
1816.405–270 to read as follows:
I
1816.405–270
SUPPLEMENTARY INFORMATION:
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Achieving Program Outcomes Should
Be Improved’’ (GAO–07–58), dated
January 2007, included
recommendations for improving NASA
award fee policy. The GAO
recommended that NASA require cost/
benefit analysis documentation when
using an award fee contract and also
recommended that NASA reemphasize
the importance of tying award fee
criteria to desired outcomes and
limiting the number of evaluation
subfactors. NASA agreed with both
GAO recommendations, and is revising
the NFS accordingly.
This is not a significant regulatory
action and, therefore, was not subject to
review under Section 6(b) of Executive
Order 12866, Regulatory Planning and
Review, dated September 30, 1993. This
interim rule is not a major rule under 5
U.S.C. 804.
CPAF contracts.
(a) Use of an award fee incentive shall
be approved in writing by the
procurement officer. The procurement
officer’s approval shall include a
discussion of the other types of
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[Federal Register Volume 72, Number 125 (Friday, June 29, 2007)]
[Rules and Regulations]
[Pages 35663-35666]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-12645]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[EPA-HQ-OPP-2002-0043; FRL-8131-3]
Pesticide Tolerance Nomenclature Changes; Technical Amendment
AGENCY: Environmental Protection Agency (EPA).
[[Page 35664]]
ACTION: Final rule; technical amendment.
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SUMMARY: This document removes duplicate entries in terminology of
certain commodity terms listed under 40 CFR part 180, subpart C. EPA is
taking this action to establish a uniform listing of commodity terms.
DATES: This Final Rule is effective on June 29, 2007.
ADDRESSES: EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPP-2002-0043. 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 Docket telephone
number is (703) 305-5805.
FOR FURTHER INFORMATION CONTACT: Stephen Schaible, Registration
Division (7505P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (703) 308-9362; fax number: (703) 305-6920; e-
mail address: schaible.stephen@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), 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 manufacturer (NAICS code 311), e.g., agricultural
workers; farmers; greenhouse, nursery, and floriculture workers;
ranchers; pesticide applicators.
Pesticide manufacturer (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 provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. If you have any
questions regarding the applicability of this action to a particular
entity, consult the person listed under FOR FURTHER INFORMATION
CONTACT.
B. How Can I Access Electronic Copies of this Document?
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.
II. Background
A. What Action is the Agency Taking?
In this rule, EPA is removing certain duplicate tolerance entries
listed under 40 CFR part 180, subpart C, as follows:
1. In Sec. 180.106, in the table to paragraph (a), EPA is removing
one of the two duplicate entries for ``Rye, forage.''
2. In Sec. 180.111, in the table to paragraph (a)(1), EPA is
removing the entry for ``Almond, shells'' at 50 ppm. A tolerance is
established for the appropriate commodity term ``Almond, hulls'' at 50
ppm.
3. In Sec. 180.121, in the table to paragraph (e), EPA is removing
one of the two duplicate entries for ``Peach.''
4. In Sec. 180.163, in the table to paragraph (a), EPA is removing
the entry for ``Hay, spearmint'' at 25 ppm. A tolerance is established
for the appropriate commodity term ``Spearmint, tops'' at 25 ppm.
5. In Sec. 180.220, in the table to paragraph (a)(1), EPA is
removing one of the two duplicate entries for ``Wheat, straw.''
6. In Sec. 180.213, in the table to paragraph (a)(1), EPA is
removing the entry for ``Alfalfa'' at 15 ppm. Tolerances are
established for the appropriate commodities ``Alfalfa, forage'' at 15
ppm and ``Alfalfa, hay'' at 15 ppm.
7. In Sec. 180.213, in the table to paragraph (a)(1) EPA is making
the following changes:
i. EPA is removing the entry for ``Bermuda grass'' at 15 ppm.
Tolerances are established for the appropriate commodities
``Bermudagrass, forage'' at 15 ppm and ``Bermudagrass, hay'' at 15 ppm.
ii. EPA is also removing the entry for ``Grass'' at 15 ppm.
Tolerances are established for the appropriate commodities ``Grass,
forage'' at 15 ppm and ``Grass, hay'' at 15 ppm.
8. In Sec. 180.227, in the table to paragraph (a)(1), EPA is
making the following changes:
i. EPA is removing the entry for ``Corn, forage'' at 0.05 ppm. A
tolerance is established for the appropriate commodity ``Corn, field,
forage'' at 3.0 ppm.
ii. EPA is also removing the entry for ``Corn, stover'' at 0.5 ppm.
Tolerances are established for the appropriate commodities ``Corn,
field, stover'' at 3.0 ppm and ``Corn, pop, stover'' at 3.0 ppm.
9. In Sec. 180.253, in the table to paragraph (a), EPA is removing
one of the two duplicate entries for ``Rye, forage.''
10. In Sec. 180.324, in the table to paragraph (a)(1), EPA is
removing one of the two duplicate entries for ``Corn, field, stover.''
11. In Sec. 180.408, in the table to paragraph (a), EPA is
removing one of the two duplicate entries for ``Peanut, hay;'' in the
table to paragraph (d) EPA is removing one of two identical entries for
``Oat, straw;'' and ``Wheat, straw.''
12. In Sec. 180.462, the table to paragraph (a), EPA is removing
the entry for ``Corn, forage''.
13. In Sec. 180.484, the table to paragraph (a)(1), EPA is
removing the entry for ``Goat, milk``; ``Hog, milk'' and ``Horse,
milk'' at 0.05 ppm. A tolerance is established for the appropriate
commodity ``Milk''at 0.05 ppm.
B. Why is this Technical Amendment Issued as a Final Rule?
Section 553 of the Administrative Procedure Act (APA), 5 U.S.C.
553(b)(B), provides that, when an agency for good cause finds that
notice and public procedure are impracticable, unnecessary or contrary
to the public interest, the agency may issue a rule without providing
notice and an opportunity for public comment. EPA has determined that
there is good cause for making today's technical
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amendment final without prior proposal and opportunity for comment. A
complete description of the types of changes that are being made has
been provided above. EPA has determined that there is no need for
public comment on such ministerial changes and thus that there is good
cause under 5 U.S.C. 553(b)(B) for dispensing with public comment.
While EPA believes that it has correctly identified all instances where
these above-listed revisions need to be made, the Agency would
appreciate readers notifying EPA of discrepancies, omissions, or
technical problems by submitting them to the address or e-mail under
FOR FURTHER INFORMATION CONTACT. These will be corrected in a future
rule.
III. Statutory and Executive Order Reviews
This final rule makes technical amendments to the Code of Federal
Regulations which have no substantive impact on the underlying
regulations, and it does not otherwise impose or amend any
requirements. As such, the Office of Management and Budget (OMB) has
determined that a technical amendment is not a ``significant regulatory
action'' subject to review by OMB under Executive Order 12866, entitled
Regulatory Planning and Review (58 FR 51735, October4, 1993). Because
this final rule has been exempted from review under Executive Order
12866 due to its lack of significance, this final 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). The Regulatory Flexibility
Act (RFA) (5 U.S.C. 601et seq.) generally requires an agency to prepare
a regulatory flexibility analysis of any rule subject to notice and
comment rulemaking requirements under the Administrative Procedure Act
or any other statute unless the agency certifies that the rule will not
have a significant impact on a substantial number of small entities.
Small entities include small businesses, small organizations, and small
governmental organizations. After considering the economic impacts of
today's final rule on small entities, I certify that this action will
not have a significant economic impact on a substantial number of small
entities. This action makes technical amendments to the Code of Federal
Regulations which have no substantive impact on the underlying
regulations. This technical amendment will not have any negative
economic impact on any entities, including small entities. In addition,
the Agency has determined that this action will not have a substantial
direct effect on States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government, as specified
in Executive Order 13132, entitled Federalism (64 FR 43255, August 10,
1999). Executive Order 13132 requires EPA to develop an accountable
process to ensure ``meaningful and timely input by State and local
officials in the development of regulatory policies that have
federalism implications.'' ``Policies that have federalism
implications''is defined in the Executive Order to include regulations
that have``substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government.'' This final rule directly regulates growers, food
processors, food handlers and food retailers, not States. This action
does not alter the relationships or distribution of power and
responsibilities established by Congress in the preemption provisions
of section 408(n)(4) of the FFDCA. For these same reasons, the Agency
has determined that this final 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''
isdefined 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 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 final rule.
IV. 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).
Lists of Subjects in 40 CFR Part 180
Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pest, Reporting and
recordkeeping requirements.
Dated: June 15, 2007.
Debra Edwards,
Director, Office of Pesticide Programs.
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Therefore, 40 CFR chapter I, part 180 is amended as follows:
PART 180--[AMENDED]
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1. The authority citation for part 180 continues to read as follows:
Authority: 21 U.S.C. 321(q), 346a, and 371.
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2. Part 180 is amended as follows:
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In Section In paragraph Remove the entry
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180.111 (a)(1) table Almonds, shells
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[[Page 35666]]
180.163 (a) table Hay, spearmint
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180.213 (a)(1) table Alfalfa
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180.213 (a)(1) table Bermuda grass
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180.213 (a)(1) table Grass
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180.227 (a)(1) table Corn, forage
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180.227 (a)(1) table Corn, stover
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180.462 (a) table Corn, forage
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180.484 (a)(1) table Goat, milk
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180.484 (a)(1) table Hog, milk
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180.484 (a)(1) table Horse, milk
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Sec. 180.106 [Amended]
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3. In Sec. 180.106 the table to paragraph (a)(1), by removing one of
the two entries for ``Rye, forage.''
Sec. 180.121 [Amended]
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4. In Sec. 180.121, the table to paragraph (e), by removing one of the
two entries for ``Peach.''
Sec. 180.220 [Amended]
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5. In Sec. 180.220, the table to paragraph (a)(1), by removing one of
the two entries for ``Wheat, straw.''
Sec. 180.253 [Amended]
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6. In Sec. 180.253, the table to paragraph (a), by removing one of the
two entries for ``Rye, forage.''
Sec. 180.324 [Amended]
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7. In Sec. 180.324, the table to paragraph (a)(1), by removing one of
the two entries for ``Corn, field, stover.''
Sec. 180.408 [Amended]
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8. In Sec. 180.408, the table to paragraph (a), by removing one of the
two entries for ``Peanut, hay;'' and in the table to paragraph (d) by
removing one of the two entries for ``Oat, straw;'' and one of the two
entries for ``Wheat, straw.''
[FR Doc. E7-12645 Filed 6-28-07; 8:45 a.m.]
BILLING CODE 6560-50-S
