Extension of Tolerances for Emergency Exemptions (Multiple Chemicals), 71798-71802 [E7-24345]
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Federal Register / Vol. 72, No. 243 / Wednesday, December 19, 2007 / Rules and Regulations
U.S.C. 114(g), their designated agents, or
the Collective.
§ 382.6
Verification of royalty payments.
(a) General. This section prescribes
general rules pertaining to the
verification of the payment of royalty
fees to those parties entitled to receive
such fees, according to terms
promulgated by the Copyright Royalty
Board.
(b) Frequency of verification.
Interested parties may conduct a single
audit of the Collective during any given
calendar year.
(c) Notice of intent to audit. Interested
parties must submit a notice of intent to
audit the entity making the royalty
payment with the Copyright Royalty
Board, which shall publish in the
Federal Register a notice announcing
the receipt of the notice of intent to
audit within 30 days of the filing of the
interested parties’ notice. Such
notification of interest shall also be
served at the same time on the party to
be audited.
(d) Retention of records. The
interested party requesting the
verification procedure shall retain the
report of the verification for a period of
three years.
(e) Acceptable verification procedure.
An audit, including underlying
paperwork, which was performed in the
ordinary course of business according to
generally accepted auditing standards
by an independent auditor, shall serve
as an acceptable verification procedure
for all interested parties.
(f) Costs of the verification procedure.
The interested parties requesting the
verification procedure shall pay for the
cost of the verification procedure,
unless an independent auditor
concludes that there was an
underpayment of five (5) percent or
more, in which case, the entity which
made the underpayment shall bear the
costs of the verification procedure.
(g) Interested parties. For purposes of
this section, interested parties are those
who are entitled to receive royalty
payments pursuant to 17 U.S.C.
114(g)(2), or their designated agents.
§ 382.7
Unknown copyright owners.
If the Collective is unable to identify
or locate a copyright owner or performer
who is entitled to receive a royalty
distribution under this subpart, the
Collective shall retain the required
payment in a segregated trust account
for a period of 3 years from the date of
distribution. No claim to such
distribution shall be valid after the
expiration of the 3-year period. After
expiration of this period, the Collective
may apply the unclaimed funds to offset
any costs deductible under 17 U.S.C.
114(g)(3). The foregoing shall apply
notwithstanding the common law or
statutes of any State.
Subpart B—[Reserved]
Dated: December 14, 2007.
James Scott Sledge,
Chief Copyright Royalty Judge.
[FR Doc. E7–24625 Filed 12–18–07; 8:45 am]
BILLING CODE 1410–72–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2007–1057; FRL–8339–2]
Extension of Tolerances for
Emergency Exemptions (Multiple
Chemicals)
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
SUMMARY: This regulation extends timelimited tolerances for the pesticides
listed in Unit II. of the SUPPLEMENTARY
INFORMATION. These actions are in
response to EPA’s granting of emergency
exemptions under section 18 of the
Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA) authorizing
use of these pesticides. Section 408(l)(6)
of the Federal Food, Drug, and Cosmetic
Act (FFDCA) requires EPA to establish
a time-limited tolerance or exemption
from the requirement for a tolerance for
pesticide chemical residues in food that
will result from the use of a pesticide
Pesticide/CFR Citation
Contact Person
Bifenazate, 180.572
Thiabendazole, 180.242
Thiophanate-methyl, 180.371
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under an emergency exemption granted
by EPA.
DATES: This regulation is effective
December 19, 2007. Objections and
requests for hearings must be received
on or before February 19, 2008, 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–2007–1057. To access the
electronic docket, go to https://
www.regulations.go, 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
website 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 either in the electronic docket
at https://www.regulations.gov, or, if only
available in hard copy, at the Office of
Pesticide Programs (OPP) Regulatory
Public Docket in Rm. S–4400, One
Potomac Yard (South Bldg.), 2777 S.
Crystal Dr., Arlington, VA. The hours of
operation of this Docket Facility are
from 8:30 a.m. to 4 p.m., Monday
through Friday, excluding legal
holidays. The Docket Facility telephone
number is (703) 305–5805.
FOR FURTHER INFORMATION CONTACT: See
the table in this unit for the name of a
specific contact person. The following
information applies to all contact
persons: Emergency Response Team,
Registration Division (7505P), Office of
Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460–0001
Andrea Conrath
conrath.andrea@epa.gov
(703) 308–9356
Chlorothalonil, 180.275
Myclobutanil, 180.443
Thiophanate-methyl, 180.371
Stacey Groce
groce.stacey@epa.gov
(703) 305–2505
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Pesticide/CFR Citation
Contact Person
Hexythiazox, 180.448
Sulfentrazone, 180.498
Zeta-cypermethrin, 180.418
Andrew Ertman
ertman.andrew@epa.gov
(703) 308–9367
Mesotrione, 180.571
Tebuconazole, 180.474
Libby Pemberton
pemberton.libby@epa.gov
(703) 308–9364
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this Action Apply to Me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. Potentially
affected entities may include, but are
not limited to:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS
code 32532).
This listing is not intended to be
exhaustive, but rather provides a guide
for readers regarding entities likely to be
affected by this action. Other types of
entities not listed in this unit could also
be affected. The North American
Industrial Classification System
(NAICS) codes have been provided to
assist you and others in determining
whether this action might apply to
certain entities. To determine whether
you or your business may be affected by
this action, you should carefully
examine the applicability provisions
discussed above. 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.
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C. Can I File an Objection or Hearing
Request?
Under section 408(g) of FFDCA, as
amended by FQPA, any person may file
an objection to any aspect of this
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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–2007–1057 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 February 19, 2008.
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–2007–1057, 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 Facility telephone number is
(703) 305–5805.
II. Background and Statutory Findings
EPA published final rules in the
Federal Register for each pesticide
listed. The initial issuance of these final
rules announced that EPA, on its own
initiative, under section 408 of FFDCA,
21 U.S.C. 346a, as amended by the Food
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Quality Protection Act of 1996 (FQPA)
(Public Law 104–170), was establishing
time-limited tolerances.
EPA established the tolerances
because section 408(l)(6) of FFDCA
requires EPA to establish a time-limited
tolerance or exemption from the
requirement for a tolerance for pesticide
chemical residues in food that will
result from the use of a pesticide under
an emergency exemption granted by
EPA under FIFRA section 18. Such
tolerances can be established without
providing notice or time for public
comment.
EPA received requests to extend the
use of these pesticide chemicals for this
year’s growing season. After having
reviewed these submissions, EPA
concurs that emergency conditions
exist. EPA assessed the potential risks
presented by residues for each chemical.
In doing so, EPA considered the safety
standard in section 408(b)(2) of FFDCA,
and decided that the necessary
tolerances under section 408(l)(6) of
FFDCA would be consistent with the
safety standard and with FIFRA section
18.
The data and other relevant material
have been evaluated and discussed in
the final rules originally published to
support these uses. Based on that data
and information considered, the Agency
reaffirms that extension of these timelimited tolerances will continue to meet
the requirements of section 408(l)(6) of
FFDCA. Therefore, the time-limited
tolerances are extended until the dates
listed. EPA will publish a document in
the Federal Register to remove the
revoked tolerances from the Code of
Federal Regulations (CFR). Although
these tolerances will expire and are
revoked on the date listed, under
section 408(l)(5) of FFDCA, residues of
the pesticide not in excess of the
amounts specified in the tolerances
remaining in or on the commodities
after that date will not be unlawful,
provided the residues are present as a
result of an application or use of a
pesticide at a time and in a manner that
was lawful under FIFRA, the tolerances
were in place at the time of the
application, and the residues do not
exceed the levels that were authorized
by the tolerances. EPA will take action
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to revoke these tolerances earlier if any
experience with, scientific data on, or
other relevant information on these
pesticides indicate that the residues are
not safe
Tolerances for the use of the following
pesticide chemicals on specific
commodities are being extended:
1. Bifenazate. EPA has authorized
under FIFRA section 18 the use of
bifenazate on Timothy grass for control
of Banks grass mite in Nevada. This
regulation extends time-limited
tolerances for combined residues of the
miticide bifenazate (1-methylethyl 2-(4methoxy[1,1’-biphenyl]-3yl)hydrazinecarboxylate) and its
metabolite, diazinecarboxylic acid (2-(4methoxy-[1,1’-biphenyl]-3-yl, 1methylethyl ester) in or on Timothy
forage at 50 parts per million (ppm) and
Timothy hay at 150 ppm for an
additional 3–year period. These
tolerances will expire and are revoked
on December 31, 2010. The document
establishing time-limited tolerances
originally published in the Federal
Register of January 28, 2005 (70 FR
4032) (FRL–7696–2).
2. Chlorothalonil. EPA has authorized
under FIFRA section 18 the use of
chlorothalonil on ginseng for control of
botrytis leaf, stem, and flower blight in
Michigan and Wisconsin. This
regulation extends a time-limited
tolerance for combined residues of the
fungicide chlorothalonil and its
metabolite 4-hydroxy-2,5,6trichloroisophthalonitrile in or on
ginseng, root at 0.1 ppm for an
additional 1–year period. This tolerance
will expire and is revoked on December
31, 2008. A time-limited tolerance was
originally published in the Federal
Register of December 12, 1997 (62 FR
65369) (FRL–5759–5).
3. Hexythiazox. EPA has authorized
under FIFRA section 18 the use of
hexythiazox on field corn for control of
spider mites in Texas. This regulation
extends time-limited tolerances for
combined residues of the miticide
hexythiazox (trans-5-(4-chlorophenyl)N-cyclohexyl-4-methyl-2oxothiazolidine-3-carboxamide) and its
metabolites containing the (4chlorophenyl)-4-methyl-2-oxo-3thiazolidine moiety in or on corn, field,
grain at 0.05 ppm; and corn, field, forage
and corn, field, stover at 2.0 ppm for an
additional 3–year period. These
tolerances will expire and are revoked
on December 31, 2010. The document
establishing time-limited tolerances
originally published in the Federal
Register of November 10, 2004 (69 FR
65073) (FRL–7684–2).
4. Mesotrione. EPA has authorized
under FIFRA section 18 the use of
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mesotrione on cranberry for control of
broadleaf weeds in Oregon, Washington,
and Wisconsin. This regulation extends
a time-limited tolerance for residues of
the herbicide mesotrione (2-[4(methylsulfonyl)-2-nitrobenzoyl]-1,3cyclohexanedione) in or on cranberry at
0.01 ppm for an additional 3–year
period. This tolerance will expire and is
revoked on December 31, 2010. A timelimited tolerance was originally
published in the Federal Register of
September 30, 2004 (69 FR 58304)
(FRL–7678–8).
5. Myclobutanil. EPA has authorized
under FIFRA section 18 the use of
myclobutanil on artichokes for control
of powdery mildew in California. This
regulation extends a time-limited
tolerance for combined residues of the
fungicide myclobutanil (alpha-butylalpha-(4-chlorophenyl)-1H-1,2,4triazole-1-propanenitrile) and its alcohol
metabolite (alpha-(3-hydroxybutyl)alpha-(4-chlorophenyl)-1H-1,2,4triazole-1-propanenitrile (free and
bound)), in or on artichoke, globe at 1.0
ppm for an additional 2–year period.
This tolerance will expire and is
revoked on December 31, 2009. A timelimited tolerance was originally
published in the Federal Register of
September 16, 1998 (63 FR 49472)
(FRL–6025–1).
6. Myclobutanil. EPA has authorized
under FIFRA section 18 the use of
myclobutanil on peppers for control of
powdery mildew in California and New
Mexico. This regulation extends a timelimited tolerance for combined residues
of the fungicide myclobutanil (alphabutyl-alpha-(4-chlorophenyl)-1H-1,2,4triazole-1-propanenitrile) and its alcohol
metabolite (alpha-(3-hydroxybutyl)alpha-(4-chlorophenyl)-1H-1,2,4triazole-1-propanenitrile (free and
bound)), in or on peppers at 1.0 ppm for
an additional 1.5 –year period. This
tolerance will expire and is revoked on
December 31, 2009. A time-limited
tolerance was originally published in
the Federal Register of September 16,
1998 (63 FR 49472) (FRL–6025–1).
7. Sulfentrazone. EPA has authorized
under FIFRA section 18 the use of
sulfentrazone on flax for control of
Kochia in North Dakota. This regulation
extends a time-limited tolerance for
combined residues of the herbicide
sulfentrazone, N-[2,4-dichloro-5-[4(difluoromethyl)-4,5-dihydro-3-methyl5-oxo-1H-1,2,4-triazol-1-yl]phenyl]
methanesulfonamide and its metabolites
3-hydroxymethyl sulfentrazone (HMS)
and 3-desmethyl sulfentrazone (DMS) in
or on flax, seed at 0.2 ppm for an
additional 3–year period. This tolerance
will expire and is revoked on December
31, 2010. A time-limited tolerance was
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originally published in the Federal
Register of August 21, 2002 (67 FR
54111) (FRL–7191–5).
8. Sulfentrazone. EPA has authorized
under FIFRA section 18 the use of
sulfentrazone on strawberry for control
of various broadleaf weeds in Iowa,
Michigan, Ohio, Oregon, Washington,
and Wisconsin. This regulation extends
a time-limited tolerance for combined
residues of the herbicide sulfentrazone,
N-[2,4-dichloro-5-[4-(difluoromethyl)4,5-dihydro-3-methyl-5-oxo-1H-1,2,4triazol-1-yl]phenyl]
methanesulfonamide and its metabolites
3-hydroxymethyl sulfentrazone (HMS)
and 3-desmethyl sulfentrazone (DMS) in
or on strawberry at 0.60 ppm for an
additional 3–year period. This tolerance
will expire and is revoked on December
31, 2010. A time-limited tolerance was
originally published in the Federal
Register of August 1, 2001 (66 FR
39651) (FRL–6793–1).
9. Tebuconazole. EPA has authorized
under FIFRA section 18 the use of
tebuconazole (alpha-[2-(4chlorophenyl)-ethyl]-alpha-(1,1dimethylethyl)-1H-1,2,4-triazole-1ethanol) on garlic for control of garlic
rust in California. This regulation
extends a time-limited tolerance for
residues of the fungicide tebuconazole
(alpha-[2-(4-chlorophenyl)-ethyl]-alpha(1,1-dimethylethyl)-1H-1,2,4-triazole-1ethanol) in or on garlic at 0.1 ppm for
an additional 1–year period. This
tolerance will expire and is revoked on
December 31, 2008. A time-limited
tolerance was originally published in
the Federal Register of May 26, 1999 (64
FR 28377) (FRL–6079–1).
10. Thiabendazole. EPA has
authorized under FIFRA section 18 the
use of thiabendazole on lentils for
control of Ascochyta blight in Idaho,
Montana, North Dakota, Oregon, and
Washington. This regulation extends a
time-limited tolerance for residues of
the fungicide thiabendazole in or on
lentil, seed at 0.1 ppm for an additional
1–year period. This tolerance will
expire and is revoked on December 31,
2008. A time-limited tolerance was
originally published in the Federal
Register of February 25, 1998 (63 FR
9435) (FRL–5767–6).
11. Thiophanate-methyl. EPA has
authorized under FIFRA section 18 the
use of thiophanate-methyl on cotton for
control of fusarium hardlock in Florida.
This regulation extends time-limited
tolerances for combined residues of the
fungicide thiophanate-methyl and its
metabolite methyl 2-benzimidazoyl
carbamate (MBC) in or on cotton,
undelinted seed at 0.05 ppm and cotton,
gin byproducts at 5.0 ppm for an
additional 1 –year period. These
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tolerances will expire and are revoked
on December 31, 2008. The document
establishing time-limited tolerances
originally published in the Federal
Register of March 23, 2005 (70 FR
14551) (FRL–7699–3).
12. Thiophanate-methyl. EPA has
authorized under FIFRA section 18 the
use of thiophanate-methyl on
mushrooms for control of green mold in
California, Colorado, Delaware,
Maryland, Oregon, Pennsylvania, and
Washington. This regulation extends a
time-limited tolerance for combined
residues of the fungicide thiophanatemethyl and its metabolite methyl 2benzimidazoyl carbamate (MBC) in or
on mushroom at 0.01 ppm for an
additional 1–year period. This tolerance
will expire and is revoked on December
31, 2008. A time-limited tolerance was
originally published in the Federal
Register of February 5, 2003 (68 FR
5847) (FRL–7285–9).
13. Zeta-cypermethrin. EPA has
authorized under FIFRA section 18 the
use of zeta-cypermethrin on flax for
control of grasshoppers in North Dakota.
This regulation extends time-limited
tolerances for combined residues of the
insecticide zeta-cypermethrin (Scyano(3-phenoxyphenyl) methyl
(±))(cis-trans3-(2,2-dichloroethenyl)-2,2
dimethylcyclopropanecarboxylate and
its inactive R-isomers in or on flax, meal
and flax, seed, each at 0.2 ppm for an
additional 3–year period. These
tolerances will expire and are revoked
on December 31, 2010. The document
establishing time-limited tolerances
originally published in the Federal
Register of September 4, 2002 (67 FR
56490) (FRL–7197–7).
III. Statutory and Executive Order
Reviews
This final rule establishes tolerances
under section 408(d) of FFDCA in
response to petitions 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
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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).
Since tolerances and exemptions that
are established on the basis of a petition
under section 408(d) of 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.
This final 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).
IV. 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.
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
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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: December 6, 2007.
Donald R. Stubbs,
Acting Director, Registration Division, Office
of Pesticide Programs.
Therefore, 40 CFR chapter I is
amended as follows:
I
PART 180—[AMENDED]
1. The authority citation for part 180
continues to read as follows:
I
Authority: 21 U.S.C. 321(q), 346a and 371.
§ 180.242
[Amended]
2. In § 180.242, in the table to
paragraph (b), amend the entry for
lentil, seed by removing the expiration
date ‘‘12/31/07’’ and adding in its place
‘‘12/31/08.’’
§ 180.275
[Amended]
3. In § 180.275, in the table to
paragraph (b), amend the entry for
ginseng by removing the expiration date
‘‘12/31/07’’ and adding in its place ‘‘12/
31/08.’’
§ 180.371
[Amended]
4. In § 180.371, in the table to
paragraph (b), amend the entries for
cotton, undelinted seed; cotton, gin
products; and mushroom by removing
the expiration date ‘‘12/31/07’’ and
adding in its place ‘‘12/31/08.’’
§ 180.418
[Amended]
5. In § 180.418, in the table to
paragraph (b), amend the entries for
flax, meal and flax, seed by removing
the expiration date ‘‘6/30/08’’ and
adding in its place ‘‘12/31/10.’’
§ 180.443
[Amended]
6. In § 180.443, in the table to
paragraph (b), amend the entry for
artichoke, globe by removing the
expiration date ‘‘12/31/07’’ and adding
in its place ‘‘12/31/09’’; and amend the
entry for pepper by removing the
expiration date ‘‘6/30/08’’ and adding in
its place ‘‘12/31/09.’’
§ 180.448
[Amended]
7. In § 180.448, in the table to
paragraph (b), amend the entries for
corn, field, grain; corn, field, forage; and
corn, field, stover by removing the
expiration date ‘‘12/31/07’’ and adding
in its place ‘‘12/31/10.’’
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19DER1
71802
Federal Register / Vol. 72, No. 243 / Wednesday, December 19, 2007 / Rules and Regulations
§ 180.474
[Amended]
8. In § 180.474, in the table to
paragraph (b), amend the entry for garlic
by removing the expiration date ‘‘12/31/
07’’ and adding in its place ‘‘12/31/08.’’
§ 180.498
[Amended]
9. In § 180.498, in the table to
paragraph (b), amend the entries for
flax, seed and strawberry by removing
the expiration date ‘‘12/31/07’’ and
adding in its place ‘‘12/31/10.’’
§ 180.571
[Amended]
10. In § 180.571, in the table to
paragraph (b), amend the entry for
cranberry by removing the expiration
date ‘‘12/31/07’’ and adding in its place
‘‘12/31/10.’’
§ 180.572
[Amended]
11. In § 180.572, in the table to
paragraph (b), amend the entries for
Timothy, forage and Timothy, hay by
removing the expiration date ‘‘12/31/
07’’ and adding in its place ‘‘12/31/10.’’
[FR Doc. E7–24345 Filed 12–18–07; 8:45 am]
BILLING CODE 6560–50–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 070213033–7033–01]
RIN 0648–XD68
Fisheries of the Exclusive Economic
Zone Off Alaska; Bering Sea and
Aleutian Islands; 2008 Final Harvest
Specifications for Groundfish
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule; closures.
mstockstill on PROD1PC66 with RULES
AGENCY:
SUMMARY: NMFS announces revisions to
the 2008 final harvest specifications and
prohibited species catch (PSC)
allowances for the groundfish fisheries
of the Bering Sea and Aleutian Islands
management area (BSAI) and Gulf of
Alaska (GOA) that are required under
the final rules implementing
Amendments 80 and 85 to the Fishery
Management Plan for Groundfish of the
Bering Sea and Aleutian Islands
Management Area (FMP). This action is
necessary to establish harvest limits for
groundfish at the beginning of the 2008
fishing year consistent with the new
allocations for Amendments 80 and 85
and to accomplish the goals and
objectives of the FMP. The intended
VerDate Aug<31>2005
17:31 Dec 18, 2007
Jkt 214001
effect of this action is to conserve and
manage the groundfish resources in the
BSAI and in the GOA in accordance
with the Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act).
DATES: The 2008 final harvest
specifications and associated
apportionment of reserves are effective
at 0001 hrs, Alaska local time (A.l.t.),
January 1, 2008, until the effective date
of the 2008 and 2009 final harvest
specifications for BSAI and GOA
groundfish, which will be published in
the Federal Register.
ADDRESSES: Copies of the Final Alaska
Groundfish Harvest Specifications
Environmental Impact Statement (EIS)
and Record of Decision (ROD) and the
Final Regulatory Flexibility Analyses
(FRFAs) prepared for the 2008 harvest
specifications and Amendments 80 and
85 to the FMP are available on the
Alaska Region website at https://
www.fakr.noaa.gov. Printed copies can
be obtained from the Alaska Region,
NMFS, P.O. Box 21668, Juneau, AK
99802, Attn: Ellen Sebastian. Copies of
the 2006 Stock Assessment and Fishery
Evaluation (SAFE) report for the
groundfish resources of the BSAI, dated
November 2006, are available from the
North Pacific Fishery Management
Council, 605 West 4th Avenue, Suite
306, Anchorage, AK 99510–2252, 907–
271–2809, or from its website at https://
www.fakr.noaa.gov/npfmc.
FOR FURTHER INFORMATION CONTACT:
Mary Furuness, 907–586–7228, or email mary.furuness@noaa.gov.
SUPPLEMENTARY INFORMATION: Federal
regulations at 50 CFR part 679
implement the FMP and govern the
groundfish fisheries in the BSAI. The
North Pacific Fishery Management
Council (Council) prepared the FMP,
and NMFS approved it under the
Magnuson-Stevens Act. General
regulations governing U.S. fisheries also
appear at 50 CFR part 600.
The final rule implementing
Amendment 80 to the BSAI FMP was
published in the Federal Register on
September 14, 2007 (72 FR 52668).
Amendment 80 to the FMP allocates
total allowable catch (TAC) of specified
groundfish species (Amendment 80
species) and halibut and crab prohibited
species catch (PSC) limits among several
BSAI non-pollock trawl groundfish
fisheries fishing sectors, and facilitates
the formation of harvesting cooperatives
in the non-American Fisheries Act (nonAFA) trawl catcher/processor sector.
The Amendment 80 species are Atka
mackerel, flathead sole, Pacific cod,
rock sole, yellowfin sole, and Aleutian
Islands Pacific ocean perch. In order to
PO 00000
Frm 00060
Fmt 4700
Sfmt 4700
limit the ability of participants eligible
for the Amendment 80 program to
expand their harvest efforts in the GOA,
Amendment 80 establishes groundfish
and halibut PSC catch limits for
Amendment 80 program participants in
the GOA.
The final rule implementing
Amendment 85 to the BSAI FMP was
published in the Federal Register on
September 4, 2007 (72 FR 50788).
Amendment 85 revises the current
allocations of BSAI Pacific cod TAC
among various harvest sectors and
seasonal apportionments. Also,
Amendment 85 apportions the halibut
PSC allowance annually specified for
the hook-and-line Pacific cod fishery
between the hook-and-line catcher
processor and catcher vessel sectors.
With this final rule NMFS modifies
those sections of the text and the tables
in the 2008 final harvest specifications
for groundfish in the BSAI (72 FR 9451,
March 2, 2007) and for groundfish in the
GOA (72 FR 9676, March 5, 2007) that
change under the final rules
implementing Amendments 80 and 85.
This includes Tables 1, 2, 4, 5, 7, 9, 10,
11, 12, 13, 14, and 15 from the final
2008 harvest specifications for the BSAI
which may be viewed at the website
https://www.fakr.noaa.gov/frules/
72fr9451.pdf. This final rule uses the
same table numbers that were used in
the 2008 final harvest specifications.
This action also adds a new Table 16 for
BSAI flathead sole, rock sole, yellowfin
sole, and Aleutian Islands Pacific ocean
perch allocations required by
Amendment 80. For the GOA, this final
rule adds text and Tables 17 and 18 to
establish sideboard limits in the Gulf of
Alaska for the Amendment 80 vessels.
This final rule is necessary to ensure
that allocations will be in effect for
Amendments 80 and 85 participants at
the beginning of the 2008 fishing year.
These allocations also will be
incorporated in future rulemaking
supporting the annual harvest
specification process for the Alaska
groundfish fisheries.
Revisions to 2008 Final Harvest
Specifications for the BSAI
Table 1.
The 2008 final TACs for the BSAI are
within the optimum yield range
established for the BSAI and do not
exceed the acceptable biological catch
(ABC) for any single species or complex.
Table 1 of the 2008 final harvest
specifications (72 FR 9454) lists the
2008 final OFL, ABC, TAC, initial total
allowable catch (ITAC), and CDQ
groundfish reserve amounts for BSAI
groundfish. This action does not change
E:\FR\FM\19DER1.SGM
19DER1
]]>Agencies
[Federal Register Volume 72, Number 243 (Wednesday, December 19, 2007)]
[Rules and Regulations]
[Pages 71798-71802]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-24345]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[EPA-HQ-OPP-2007-1057; FRL-8339-2]
Extension of Tolerances for Emergency Exemptions (Multiple
Chemicals)
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This regulation extends time-limited tolerances for the
pesticides listed in Unit II. of the SUPPLEMENTARY INFORMATION. These
actions are in response to EPA's granting of emergency exemptions under
section 18 of the Federal Insecticide, Fungicide, and Rodenticide Act
(FIFRA) authorizing use of these pesticides. Section 408(l)(6) of the
Federal Food, Drug, and Cosmetic Act (FFDCA) requires EPA to establish
a time-limited tolerance or exemption from the requirement for a
tolerance for pesticide chemical residues in food that will result from
the use of a pesticide under an emergency exemption granted by EPA.
DATES: This regulation is effective December 19, 2007. Objections and
requests for hearings must be received on or before February 19, 2008,
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-2007-1057. To access the
electronic docket, go to https://www.regulations.go, 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 website 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 either in the electronic docket at https://
www.regulations.gov, or, if only available in hard copy, at the Office
of Pesticide Programs (OPP) Regulatory Public Docket in Rm. S-4400, One
Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The
hours of operation of this Docket Facility are from 8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays. The Docket
Facility telephone number is (703) 305-5805.
FOR FURTHER INFORMATION CONTACT: See the table in this unit for the
name of a specific contact person. The following information applies to
all contact persons: Emergency Response Team, Registration Division
(7505P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001
------------------------------------------------------------------------
Pesticide/CFR Citation Contact Person
------------------------------------------------------------------------
Bifenazate, 180.572 Andrea Conrath
Thiabendazole, 180.242.................. conrath.andrea@epa.gov
Thiophanate-methyl, 180.371............. (703) 308-9356
------------------------------------------------------------------------
Chlorothalonil, 180.275 Stacey Groce
Myclobutanil, 180.443................... groce.stacey@epa.gov
Thiophanate-methyl, 180.371............. (703) 305-2505
------------------------------------------------------------------------
[[Page 71799]]
Hexythiazox, 180.448 Andrew Ertman
Sulfentrazone, 180.498.................. ertman.andrew@epa.gov
Zeta-cypermethrin, 180.418.............. (703) 308-9367
------------------------------------------------------------------------
Mesotrione, 180.571 Libby Pemberton
Tebuconazole, 180.474................... pemberton.libby@epa.gov
(703) 308-9364
------------------------------------------------------------------------
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this Action Apply to Me?
You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
Potentially affected entities may include, but are not limited to:
Crop production (NAICS code 111).
Animal production (NAICS code 112).
Food manufacturing (NAICS code 311).
Pesticide manufacturing (NAICS code 32532).
This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. To determine
whether you or your business may be affected by this action, you should
carefully examine the applicability provisions discussed above. 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 FFDCA, as amended by 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-2007-1057 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 February 19, 2008.
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-2007-1057, 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 Facility telephone number is (703) 305-5805.
II. Background and Statutory Findings
EPA published final rules in the Federal Register for each
pesticide listed. The initial issuance of these final rules announced
that EPA, on its own initiative, under section 408 of FFDCA, 21 U.S.C.
346a, as amended by the Food Quality Protection Act of 1996 (FQPA)
(Public Law 104-170), was establishing time-limited tolerances.
EPA established the tolerances because section 408(l)(6) of FFDCA
requires EPA to establish a time-limited tolerance or exemption from
the requirement for a tolerance for pesticide chemical residues in food
that will result from the use of a pesticide under an emergency
exemption granted by EPA under FIFRA section 18. Such tolerances can be
established without providing notice or time for public comment.
EPA received requests to extend the use of these pesticide
chemicals for this year's growing season. After having reviewed these
submissions, EPA concurs that emergency conditions exist. EPA assessed
the potential risks presented by residues for each chemical. In doing
so, EPA considered the safety standard in section 408(b)(2) of FFDCA,
and decided that the necessary tolerances under section 408(l)(6) of
FFDCA would be consistent with the safety standard and with FIFRA
section 18.
The data and other relevant material have been evaluated and
discussed in the final rules originally published to support these
uses. Based on that data and information considered, the Agency
reaffirms that extension of these time-limited tolerances will continue
to meet the requirements of section 408(l)(6) of FFDCA. Therefore, the
time-limited tolerances are extended until the dates listed. EPA will
publish a document in the Federal Register to remove the revoked
tolerances from the Code of Federal Regulations (CFR). Although these
tolerances will expire and are revoked on the date listed, under
section 408(l)(5) of FFDCA, residues of the pesticide not in excess of
the amounts specified in the tolerances remaining in or on the
commodities after that date will not be unlawful, provided the residues
are present as a result of an application or use of a pesticide at a
time and in a manner that was lawful under FIFRA, the tolerances were
in place at the time of the application, and the residues do not exceed
the levels that were authorized by the tolerances. EPA will take action
[[Page 71800]]
to revoke these tolerances earlier if any experience with, scientific
data on, or other relevant information on these pesticides indicate
that the residues are not safe
Tolerances for the use of the following pesticide chemicals on
specific commodities are being extended:
1. Bifenazate. EPA has authorized under FIFRA section 18 the use of
bifenazate on Timothy grass for control of Banks grass mite in Nevada.
This regulation extends time-limited tolerances for combined residues
of the miticide bifenazate (1-methylethyl 2-(4-methoxy[1,1'-biphenyl]-
3-yl)hydrazinecarboxylate) and its metabolite, diazinecarboxylic acid
(2-(4-methoxy-[1,1'-biphenyl]-3-yl, 1-methylethyl ester) in or on
Timothy forage at 50 parts per million (ppm) and Timothy hay at 150 ppm
for an additional 3-year period. These tolerances will expire and are
revoked on December 31, 2010. The document establishing time-limited
tolerances originally published in the Federal Register of January 28,
2005 (70 FR 4032) (FRL-7696-2).
2. Chlorothalonil. EPA has authorized under FIFRA section 18 the
use of chlorothalonil on ginseng for control of botrytis leaf, stem,
and flower blight in Michigan and Wisconsin. This regulation extends a
time-limited tolerance for combined residues of the fungicide
chlorothalonil and its metabolite 4-hydroxy-2,5,6-
trichloroisophthalonitrile in or on ginseng, root at 0.1 ppm for an
additional 1-year period. This tolerance will expire and is revoked on
December 31, 2008. A time-limited tolerance was originally published in
the Federal Register of December 12, 1997 (62 FR 65369) (FRL-5759-5).
3. Hexythiazox. EPA has authorized under FIFRA section 18 the use
of hexythiazox on field corn for control of spider mites in Texas. This
regulation extends time-limited tolerances for combined residues of the
miticide hexythiazox (trans-5-(4-chlorophenyl)-N-cyclohexyl-4-methyl-2-
oxothiazolidine-3-carboxamide) and its metabolites containing the (4-
chlorophenyl)-4-methyl-2-oxo-3-thiazolidine moiety in or on corn,
field, grain at 0.05 ppm; and corn, field, forage and corn, field,
stover at 2.0 ppm for an additional 3-year period. These tolerances
will expire and are revoked on December 31, 2010. The document
establishing time-limited tolerances originally published in the
Federal Register of November 10, 2004 (69 FR 65073) (FRL-7684-2).
4. Mesotrione. EPA has authorized under FIFRA section 18 the use of
mesotrione on cranberry for control of broadleaf weeds in Oregon,
Washington, and Wisconsin. This regulation extends a time-limited
tolerance for residues of the herbicide mesotrione (2-[4-
(methylsulfonyl)-2-nitrobenzoyl]-1,3-cyclohexanedione) in or on
cranberry at 0.01 ppm for an additional 3-year period. This tolerance
will expire and is revoked on December 31, 2010. A time-limited
tolerance was originally published in the Federal Register of September
30, 2004 (69 FR 58304) (FRL-7678-8).
5. Myclobutanil. EPA has authorized under FIFRA section 18 the use
of myclobutanil on artichokes for control of powdery mildew in
California. This regulation extends a time-limited tolerance 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 artichoke, globe
at 1.0 ppm for an additional 2-year period. This tolerance will expire
and is revoked on December 31, 2009. A time-limited tolerance was
originally published in the Federal Register of September 16, 1998 (63
FR 49472) (FRL-6025-1).
6. Myclobutanil. EPA has authorized under FIFRA section 18 the use
of myclobutanil on peppers for control of powdery mildew in California
and New Mexico. This regulation extends a time-limited tolerance 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 peppers at 1.0
ppm for an additional 1.5 -year period. This tolerance will expire and
is revoked on December 31, 2009. A time-limited tolerance was
originally published in the Federal Register of September 16, 1998 (63
FR 49472) (FRL-6025-1).
7. Sulfentrazone. EPA has authorized under FIFRA section 18 the use
of sulfentrazone on flax for control of Kochia in North Dakota. This
regulation extends a time-limited tolerance for combined residues of
the herbicide sulfentrazone, N-[2,4-dichloro-5-[4-(difluoromethyl)-4,5-
dihydro-3-methyl-5-oxo-1H-1,2,4-triazol-1-yl]phenyl] methanesulfonamide
and its metabolites 3-hydroxymethyl sulfentrazone (HMS) and 3-desmethyl
sulfentrazone (DMS) in or on flax, seed at 0.2 ppm for an additional 3-
year period. This tolerance will expire and is revoked on December 31,
2010. A time-limited tolerance was originally published in the Federal
Register of August 21, 2002 (67 FR 54111) (FRL-7191-5).
8. Sulfentrazone. EPA has authorized under FIFRA section 18 the use
of sulfentrazone on strawberry for control of various broadleaf weeds
in Iowa, Michigan, Ohio, Oregon, Washington, and Wisconsin. This
regulation extends a time-limited tolerance for combined residues of
the herbicide sulfentrazone, N-[2,4-dichloro-5-[4-(difluoromethyl)-4,5-
dihydro-3-methyl-5-oxo-1H-1,2,4-triazol-1-yl]phenyl] methanesulfonamide
and its metabolites 3-hydroxymethyl sulfentrazone (HMS) and 3-desmethyl
sulfentrazone (DMS) in or on strawberry at 0.60 ppm for an additional
3-year period. This tolerance will expire and is revoked on December
31, 2010. A time-limited tolerance was originally published in the
Federal Register of August 1, 2001 (66 FR 39651) (FRL-6793-1).
9. Tebuconazole. EPA has authorized under FIFRA section 18 the use
of tebuconazole (alpha-[2-(4-chlorophenyl)-ethyl]-alpha-(1,1-
dimethylethyl)-1H-1,2,4-triazole-1-ethanol) on garlic for control of
garlic rust in California. This regulation extends a time-limited
tolerance for residues of the fungicide tebuconazole (alpha-[2-(4-
chlorophenyl)-ethyl]-alpha-(1,1-dimethylethyl)-1H-1,2,4-triazole-1-
ethanol) in or on garlic at 0.1 ppm for an additional 1-year period.
This tolerance will expire and is revoked on December 31, 2008. A time-
limited tolerance was originally published in the Federal Register of
May 26, 1999 (64 FR 28377) (FRL-6079-1).
10. Thiabendazole. EPA has authorized under FIFRA section 18 the
use of thiabendazole on lentils for control of Ascochyta blight in
Idaho, Montana, North Dakota, Oregon, and Washington. This regulation
extends a time-limited tolerance for residues of the fungicide
thiabendazole in or on lentil, seed at 0.1 ppm for an additional 1-year
period. This tolerance will expire and is revoked on December 31, 2008.
A time-limited tolerance was originally published in the Federal
Register of February 25, 1998 (63 FR 9435) (FRL-5767-6).
11. Thiophanate-methyl. EPA has authorized under FIFRA section 18
the use of thiophanate-methyl on cotton for control of fusarium
hardlock in Florida. This regulation extends time-limited tolerances
for combined residues of the fungicide thiophanate-methyl and its
metabolite methyl 2-benzimidazoyl carbamate (MBC) in or on cotton,
undelinted seed at 0.05 ppm and cotton, gin byproducts at 5.0 ppm for
an additional 1 -year period. These
[[Page 71801]]
tolerances will expire and are revoked on December 31, 2008. The
document establishing time-limited tolerances originally published in
the Federal Register of March 23, 2005 (70 FR 14551) (FRL-7699-3).
12. Thiophanate-methyl. EPA has authorized under FIFRA section 18
the use of thiophanate-methyl on mushrooms for control of green mold in
California, Colorado, Delaware, Maryland, Oregon, Pennsylvania, and
Washington. This regulation extends a time-limited tolerance for
combined residues of the fungicide thiophanate-methyl and its
metabolite methyl 2-benzimidazoyl carbamate (MBC) in or on mushroom at
0.01 ppm for an additional 1-year period. This tolerance will expire
and is revoked on December 31, 2008. A time-limited tolerance was
originally published in the Federal Register of February 5, 2003 (68 FR
5847) (FRL-7285-9).
13. Zeta-cypermethrin. EPA has authorized under FIFRA section 18
the use of zeta-cypermethrin on flax for control of grasshoppers in
North Dakota. This regulation extends time-limited tolerances for
combined residues of the insecticide zeta-cypermethrin (S-cyano(3-
phenoxyphenyl) methyl ())(cis-trans3-(2,2-dichloroethenyl)-
2,2 dimethylcyclopropanecarboxylate and its inactive R-isomers in or on
flax, meal and flax, seed, each at 0.2 ppm for an additional 3-year
period. These tolerances will expire and are revoked on December 31,
2010. The document establishing time-limited tolerances originally
published in the Federal Register of September 4, 2002 (67 FR 56490)
(FRL-7197-7).
III. Statutory and Executive Order Reviews
This final rule establishes tolerances under section 408(d) of
FFDCA in response to petitions 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).
Since tolerances and exemptions that are established on the basis
of a petition under section 408(d) of 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.
This final 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).
IV. 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. 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: December 6, 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.
Sec. 180.242 [Amended]
2. In Sec. 180.242, in the table to paragraph (b), amend the entry
for lentil, seed by removing the expiration date ``12/31/07'' and
adding in its place ``12/31/08.''
Sec. 180.275 [Amended]
3. In Sec. 180.275, in the table to paragraph (b), amend the entry
for ginseng by removing the expiration date ``12/31/07'' and adding in
its place ``12/31/08.''
Sec. 180.371 [Amended]
4. In Sec. 180.371, in the table to paragraph (b), amend the
entries for cotton, undelinted seed; cotton, gin products; and mushroom
by removing the expiration date ``12/31/07'' and adding in its place
``12/31/08.''
Sec. 180.418 [Amended]
5. In Sec. 180.418, in the table to paragraph (b), amend the
entries for flax, meal and flax, seed by removing the expiration date
``6/30/08'' and adding in its place ``12/31/10.''
Sec. 180.443 [Amended]
6. In Sec. 180.443, in the table to paragraph (b), amend the entry
for artichoke, globe by removing the expiration date ``12/31/07'' and
adding in its place ``12/31/09''; and amend the entry for pepper by
removing the expiration date ``6/30/08'' and adding in its place ``12/
31/09.''
Sec. 180.448 [Amended]
7. In Sec. 180.448, in the table to paragraph (b), amend the
entries for corn, field, grain; corn, field, forage; and corn, field,
stover by removing the expiration date ``12/31/07'' and adding in its
place ``12/31/10.''
[[Page 71802]]
Sec. 180.474 [Amended]
8. In Sec. 180.474, in the table to paragraph (b), amend the entry
for garlic by removing the expiration date ``12/31/07'' and adding in
its place ``12/31/08.''
Sec. 180.498 [Amended]
9. In Sec. 180.498, in the table to paragraph (b), amend the
entries for flax, seed and strawberry by removing the expiration date
``12/31/07'' and adding in its place ``12/31/10.''
Sec. 180.571 [Amended]
10. In Sec. 180.571, in the table to paragraph (b), amend the
entry for cranberry by removing the expiration date ``12/31/07'' and
adding in its place ``12/31/10.''
Sec. 180.572 [Amended]
11. In Sec. 180.572, in the table to paragraph (b), amend the
entries for Timothy, forage and Timothy, hay by removing the expiration
date ``12/31/07'' and adding in its place ``12/31/10.''
[FR Doc. E7-24345 Filed 12-18-07; 8:45 am]
BILLING CODE 6560-50-S
