Inert ingredients: Denial of Pesticide Petitions 2E6491 (N-Acyl Sarcosines and Sodium N-Acyl Sarcosinates), 7E4810 (Crezasin), and 7E4811 (Mival), 7472-7475 [E8-2175]
Download as PDF
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Federal Register / Vol. 73, No. 27 / Friday, February 8, 2008 / Rules and Regulations
EPA-APPROVED KANSAS REGULATIONS—Continued
Title
State effective date
*
K.A.R. 28–19–546
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*
Annual Emission Inventory ......................................
09/23/2005
K.A.R. 28–19–561
Permit-by-Rule; Reciprocating Engines ...................
09/23/2005
K.A.R. 28–19–562
Permit-by-Rule;
Sources.
Evaporative
09/23/2005
K.A.R. 28–19–563
Permit-by-Rule; Hot Mix Asphalt Facilities ..............
09/23/2005
Kansas citation
*
*
*
Organic
*
*
*
*
*
PART 70—[AMENDED]
3. The authority citation for part 70
continues to read as follows:
I
Authority: 42 U.S.C. 7401 et seq.
4. Appendix A to part 70 is amended
by adding paragraph (d) under ‘‘Kansas’’
to read as follows:
I
Appendix A to Part 70—Approval
Status of State and Local Operating
Permits Programs
*
*
*
*
*
Kansas
*
*
*
*
*
(d) The Kansas Department of Health
and Environment submitted for program
approval rule K.A.R. 28–19–517 on
January 27, 2006. The state effective
date was September 23, 2005. This
revision to the Kansas program is
approved effective April 8, 2008.
*
*
*
*
*
[FR Doc. E8–2189 Filed 2–7–08; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2002–0201; FRL–8342–4]
Inert ingredients: Denial of Pesticide
Petitions 2E6491 (N-Acyl Sarcosines
and Sodium N-Acyl Sarcosinates),
7E4810 (Crezasin), and 7E4811 (Mival)
Environmental Protection
Agency (EPA).
ACTION: Final rule.
jlentini on PROD1PC65 with RULES
AGENCY:
SUMMARY: EPA is denying three
petitions to amend or establish
exemptions from pesticide tolerances
VerDate Aug<31>2005
17:26 Feb 07, 2008
Solvent
Jkt 214001
*
EPA approval date
*
*
02/08/2008 [insert FR
page number where
the document begins].
02/08/2008 [insert FR
page number where
the document begins].
02/08/2008 [insert FR
page number where
the document begins].
02/08/2008 [insert FR
page number where
the document begins].
*
because insufficient data were available
to the Agency to make the safety finding
of FFDCA section 408(c)(2): PP 2E6491
submitted by Hampshire Chemical
Corporation to amend the inert
ingredient tolerance exemption under
40 CFR 180.1207 for certain N-acyl
sarcosines and sodium N-acyl
sarcosinates, and PP 7E4810 (Crezasin)
and PP 7E4811 (Mival) submitted by
Globe Tech Industries Corporation to
establish an inert ingredient tolerance
exemption under § 180.920.
DATES: This regulation is effective
February 8, 2008. Objections and
requests for hearings must be received
on or before April 8, 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.
EPA has established a
docket for this action under docket
identification (ID) number EPA–HQ–
OPP–2002–0201. To access the
electronic docket, go to https://
www.regulations.gov, select ‘‘Advanced
Search,’’ then ‘‘Docket Search.’’ Insert
the docket ID number where indicated
and select the ‘‘Submit’’ button. Follow
the instructions on the regulations.gov
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 in the electronic docket at
https://www.regulations.gov, or, if only
ADDRESSES:
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Explanation
*
*
*
available in hard copy, at the OPP
Regulatory Public Docket in Rm. S–
4400, One Potomac Yard (South Bldg.),
2777 S. Crystal Dr., Arlington, VA. The
Docket Facility is open from 8:30 a.m.
to 4 p.m., Monday through Friday,
excluding legal holidays. The Docket
Facility telephone number is (703) 305–
5805.
FOR FURTHER INFORMATION CONTACT:
Kathleen Martin, Registration Division
(7505P), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460–0001; telephone number:
(703) 308–2857; e-mail address:
martin.kathleen@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this Action Apply to Me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. Potentially
affected entities may include, but are
not limited to, those engaged in the
following activities:
• Crop production (NAICS code 111),
e.g., agricultural workers; greenhouse,
nursery, and floriculture workers;
farmers.
• Animal production (NAICS code
112), e.g., cattle ranchers and farmers,
dairy cattle farmers, livestock farmers.
• Food manufacturing (NAICS code
311), e.g., agricultural workers; farmers;
greenhouse, nursery, and floriculture
workers; ranchers; pesticide applicators.
• Pesticide manufacturing (NAICS
code 32532), e.g., agricultural workers;
commercial applicators; farmers;
greenhouse, nursery, and floriculture
workers; residential users.
This listing is not intended to be
exhaustive, but rather to provide a guide
for readers regarding entities likely to be
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Federal Register / Vol. 73, No. 27 / Friday, February 8, 2008 / Rules and Regulations
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.
jlentini on PROD1PC65 with RULES
B. How Can I Access Electronic Copies
of this Document?
In addition to accessing an electronic
copy of this Federal Register document
through the electronic docket at https://
www.regulations.gov, you may access
this Federal Register document
electronically through the EPA Internet
under the ‘‘Federal Register’’ listings at
https://www.epa.gov/fedrgstr. You may
also access a frequently updated
electronic version of EPA’s tolerance
regulations at 40 CFR part 180 through
the Government Printing Office’s pilot
e-CFR site at https://www.gpoaccess.gov/
ecfr.
C. Can I File an Objection or Hearing
Request?
Under section 408(g) of FFDCA, any
person may file an objection to any
aspect of this regulation and may also
request a hearing on those objections.
You must file your objection or request
a hearing on this regulation in
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–2002–0201 in the subject line on
the first page of your submission. All
requests must be in writing, and must be
mailed or delivered to the Hearing Clerk
as required by 40 CFR part 178 on or
before April 8, 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 this copy,
identified by docket ID number EPA–
HQ–OPP–2002–0201, 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.
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17:26 Feb 07, 2008
Jkt 214001
• 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
A. What Action is the Agency Taking?
1. Denial of Pesticide Petition 2E6491
(N-Acyl Sarcosines and Sodium N-Acyl
Sarcosinates).
In December 1999, EPA established
exemptions from the requirement of a
tolerance at 40 CFR 180.1207 for
residues of certain N-acyl sarcosines
and sodium N-acyl sarcosinates when
used as inert ingredients (surfactants) at
levels not to exceed 10% in pesticide
formulations containing glyphosate (64
FR 68044; December 6, 1999). The
specific N-acyl sarcosines and sodium
N-acyl sarcosinates were: N-oleoyl
sarcosine (CAS 110-25-8); N-stearoyl
sarcosine (CAS 142-48-3); N-lauroyl
sarcosine (CAS 97-78-9); N-myristoyl
sarcosine (CAS 52558-73-3); N-cocoyl
sarcosine mixture (CAS 68411-97-2); Nmethyl-N-(1-oxo-9-octodecenyl) glycine
(CAS 3624-77-9); N-methyl-N-(1oxooctadecyl) glycine (CAS 5136-55-0);
N-methyl-N-(1-oxododecyl) glycine
(CAS 137-16-6); N-methyl-N-(1oxotetradecyl glycine (CAS 30364-51-3);
and N-cocoyl sarcosine sodium salt
mixture (CAS 61791-59-1).
In the Federal Register of September
18, 2002 (67 FR 58799) (FRL–7194–5),
EPA issued a notice pursuant to section
408 of FFDCA, 21 U.S.C. 346a, as
amended by FQPA (Public Law 104–
170), announcing the filing of a
pesticide petition (PP 2E6491) by
Hampshire Chemical Corporation. The
petition requested that 40 CFR
180.1207, which pertains to the N-acyl
sarcosines and sodium N-acyl
sarcosinates listed in the previous
paragraph, be amended to add pesticide
formulations containing the active
ingredients 2,4-D, atrazine, dicamba,
and glufosinate ammonium; the existing
tolerance exemption is limited to
formulations containing glyphosate. No
comments were received in response to
the notice of filing.
In evaluating the petitioner’s request
(PP 2E6491), EPA determined that
significant and important data were
missing from the petitioner’s
submission. First, certain data
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submitted by the petitioner (e.g., acute,
subchronic, and chronic toxicity) are
inadequate and not acceptable. The data
are unpublished, and no basic quality
information (in compliance with Good
Laboratory Practices) is provided,
including when the studies were
conducted. Second, the submitter did
not provide adequate developmental
and reproductive toxicity data. In
making the FFDCA safety
determination, EPA considers the
validity, completeness, and reliability of
the data that are available to the Agency
(FFDCA sections 408(b)(2)(D) and
408(c)(2)(B)), and the available
information concerning the special
susceptibility of infants and children. If
reproductive and developmental
toxicity data are not available, or if such
information is not available in the open
literature, screening level reproductive
and developmental toxicity data may be
acceptable for assessing the special
susceptibility of infants and children.
For the sarcosines, EPA communicated
with the petitioner regarding the
developmental/reproductive toxicity
data gap; no further information or data
were received.
Because the safety finding, as required
under FFDCA section 408(c)(2), could
not be made due to insufficient data,
EPA is denying the petitioner’s request
to amend the existing tolerance
exemption for the N-acyl sarcosines and
sodium N-acyl sarcosinates.
2. Denial of Pesticide Petitions
7E4810 (Crezasin) and 7E4811 (Mival).
In the Federal Register of December 2,
1997 (62 FR 63940) (FRL–5751–9), EPA
issued two notices pursuant to section
408 of FFDCA, 21 U.S.C. 346a
announcing the filing of pesticide
petitions (PP 7E4810 and PP 7E4811) by
Globe Tech Industries Corporation. The
petitions requested that EPA establish
inert ingredient tolerance exemptions
under 40 CFR 180.920 for the use of
Crezasin (PP 7E4810) and Mival (PP
7E4811) in pesticide formulations used
on growing crops only.
In evaluating the petitioner’s requests,
EPA determined that significant and
important data in the petitioner’s
submission were inadequate and not
acceptable, including the residue
chemistry and the description of the
chemicals’ product chemistry data. EPA
has been unable to contact or locate the
petitioner, Globe Tech Corporation,
about the data deficiencies. In making
the FFDCA safety determination, EPA
considers the validity, completeness,
and reliability of the data that are
available to the Agency (FFDCA section
408(b)(2)(D) and 408(c)(2)(B)). Because
the safety finding required under
FFDCA section 408(b)(2) could not be
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Federal Register / Vol. 73, No. 27 / Friday, February 8, 2008 / Rules and Regulations
made due to insufficient data, EPA is
denying the petitioner’s request to
establish inert ingredient tolerance
exemptions under 40 CFR 180.920 for
the use of Crezasin (PP 7E4810) and
Mival (PP 7E4811).
B. What is the Agency’s Authority for
Taking this Action?
Section 408(c)(2)(A)(i) of FFDCA
allows EPA to establish an exemption
from the requirement for a tolerance (the
legal limit for a pesticide chemical
residue in or on a food) only if EPA
determines that the exemption is ‘‘safe.’’
Section 408(c)(2)(A)(ii) of FFDCA
defines ‘‘safe’’ to mean that ‘‘there is a
reasonable certainty that no harm will
result from aggregate exposure to the
pesticide chemical residue, including
all anticipated dietary exposures and all
other exposures for which there is
reliable information.’’
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III. Objections and Hearing Requests
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.
Although the procedures in those
regulations require some modification to
reflect the amendments made to FFDCA
by FQPA, EPA will continue to use
those procedures, with appropriate
adjustments, until the necessary
modifications can be made. The new
section 408(g) provides essentially the
same process for persons to ‘‘object’’ to
a regulation for an exemption from the
requirement of a tolerance issued by
EPA under new section 408(d), as was
provided in the old FFDCA sections 408
and 409. However, the period for filing
objections is now 60 days, rather than
30 days.
A. What Do I Need to Do to File an
Objection or Request a Hearing?
You must file your objection or
request a hearing on this regulation in
accordance with the instructions
provided in this unit and in 40 CFR part
178. To ensure proper receipt by EPA,
you must identify docket ID number
EPA–HQ–OPP–2002–0201 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 April 8, 2008.
1. Filing the request. Your objection
must specify the specific provisions in
the regulation that you object to, and the
grounds for the objections (40 CFR
178.25). If a hearing is requested, the
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17:26 Feb 07, 2008
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objections must include a statement of
the factual issues(s) on which a hearing
is requested, the requestor’s contentions
on such issues, and a summary of any
evidence relied upon by the objector (40
CFR 178.27). Information submitted in
connection with an objection or hearing
request may be claimed confidential by
marking any part or all of that
information as CBI. Information so
marked will not be disclosed except in
accordance with procedures set forth in
40 CFR part 2. A copy of the
information that does not contain CBI
must be submitted for inclusion in the
public record. Information not marked
confidential may be disclosed publicly
by EPA without prior notice. Mail your
written request to: Office of the Hearing
Clerk (1900L), Environmental Protection
Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001. You may
also deliver your request to the Office of
the Hearing Clerk in Suite 350, 1099
14th St., NW., Washington, DC 20005.
The Office of the Hearing Clerk is open
from 8 a.m. to 4 p.m., Monday through
Friday, excluding legal holidays. The
telephone number for the Office of the
Hearing Clerk is (202) 564-6255.
2. Copies for the Docket. In addition
to filing an objection or hearing request
with the Hearing Clerk as described in
Unit III.A., you should also send a copy
of your request to Public Information
and Records Integrity Branch (PIRIB) for
its inclusion in the official record that
is described in ADDRESSES. Mail your
copies, identified by docket ID number
EPA–HQ–OPP–2002–0201, to: Public
Information and Records Integrity
Branch, Information Resources and
Services Division (7502P), Office of
Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460. In
person or by courier, bring a copy to the
location of PIRIB described in
ADDRESSES. You may also send an
electronic copy of your request via email to: opp-docket@epa.gov. Please use
an ASCII file format and avoid the use
of special characters and any form of
encryption. Copies of electronic
objections and hearing requests will also
be accepted on disks in WordPerfect
6.1/8.0 or ASCII file format. Do not
include any CBI in your electronic copy.
You may also submit an electronic copy
of your request at many Federal
Depository Libraries.
B. When Will the Agency Grant a
Request for a Hearing?
A request for a hearing will be granted
if the Administrator determines that the
material submitted shows the following:
There is a genuine and substantial issue
of fact; there is a reasonable possibility
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Fmt 4700
Sfmt 4700
that available evidence identified by the
requestor would, if established resolve
one or more of such issues in favor of
the requestor, taking into account
uncontested claims or facts to the
contrary; and resolution of the factual
issues(s) in the manner sought by the
requestor would be adequate to justify
the action requested (40 CFR 178.32).
IV. Statutory and Executive Order
Reviews
This final rule denies a request to
amend an exemption from tolerance
under FFDCA section 408(d). The Office
of Management and Budget (OMB) has
exempted these types of actions from
review under Executive Order 12866,
entitled Regulatory Planning and
Review (58 FR 51735, October 4, 1993).
Because this rule has been exempted
from review under Executive Order
12866 due to its lack of significance,
this rule is not subject to Executive
Order 13211, Actions Concerning
Regulations That Significantly Affect
Energy Supply, Distribution, or Use (66
FR 28355, May 22, 2001). This final rule
does not contain any information
collections subject to OMB approval
under the Paperwork Reduction Act
(PRA), 44 U.S.C. 3501 et seq., or impose
any enforceable duty or contain any
unfunded mandate as described under
Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA) (Public
Law 104-4). Nor does it require any
special considerations under Executive
Order 12898, entitled Federal Actions to
Address Environmental Justice in
Minority Populations and Low-Income
Populations (59 FR 7629, February 16,
1994); or OMB review or any Agency
action under Executive Order 13045,
entitled Protection of Children from
Environmental Health Risks and Safety
Risks (62 FR 19885, April 23, 1997).
This action does not involve any
technical standards that would require
Agency consideration of voluntary
consensus standards pursuant to section
12(d) of the National Technology
Transfer and Advancement Act of 1995
(NTTAA), Public Law 104-113, section
12(d) (15 U.S.C. 272 note).
Since tolerances and exemptions that
are established on the basis of a petition
under FFDCA section 408(d), such as
the tolerance in this final rule, do not
require the issuance of a proposed rule,
the requirements of the Regulatory
Flexibility Act (RFA) (5 U.S.C. 601 et
seq.) do not apply. In addition, the
Agency has determined that this action
will not have a substantial direct effect
on States, on the relationship between
the national government and the States,
or on the distribution of power and
responsibilities among the various
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Federal Register / Vol. 73, No. 27 / Friday, February 8, 2008 / Rules and Regulations
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 FFDCA section 408(n)(4).
For these same reasons, the Agency has
determined that this rule does not have
any ‘‘tribal implications’’ as described
in Executive Order 13175, entitled
Consultation and Coordination with
Indian Tribal Governments (59 FR
22951, November 6, 2000). Executive
Order 13175, requires EPA to develop
an accountable process to ensure
‘‘meaningful and timely input by tribal
officials in the development of
regulatory policies that have tribal
implications.’’ ‘‘Policies that have tribal
implications’’ is defined in the
Executive order to include regulations
that have ‘‘substantial direct effects on
one or more Indian tribes, on the
relationship between the Federal
Government and the Indian tribes, or on
the distribution of power and
responsibilities between the Federal
Government and Indian tribes.’’ This
rule will not have substantial direct
effects on tribal governments, on the
relationship between the Federal
Government and Indian tribes, or on the
distribution of power and
responsibilities between the Federal
Government and Indian tribes, as
specified in Executive Order 13175.
Thus, Executive Order 13175 does not
apply to this rule.
jlentini on PROD1PC65 with RULES
V. Congressional Review Act
The Congressional Review Act, 5
U.S.C. 801 et seq., generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report to each House of
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17:26 Feb 07, 2008
Jkt 214001
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: January 28, 2008.
Marty Monell,
Acting Director, Office of Pesticide Programs.
[FR Doc. E8–2175 Filed 2–7–08; 8:45 am]
BILLING CODE 6560–50–S
GENERAL SERVICES
ADMINISTRATION
41 CFR Part 102–42
[FMR Amendment 2008–03; FMR Case
2008–102–1; Docket 2008-0001; Sequence
1]
7475
information pertaining to status or
publication schedules, contact the
Regulatory Secretariat, Room 4035, GS
Building, Washington, DC 20405, (202)
501–4755. Please cite FMR Amendment
2008–03, FMR Case 2008–102–1.
SUPPLEMENTARY INFORMATION:
A. Executive Order 12866
The General Services Administration
(GSA) has determined that this final
rule is not a significant regulatory action
for the purposes of Executive Order
12866 of September 30, 1993.
B. Regulatory Flexibility Act
This final rule is not required to be
published in the Federal Register for
notice and comment. Therefore, the
Regulatory Flexibility Act does not
apply.
C. Paperwork Reduction Act
The Paperwork Reduction Act does
not apply because this final rule does
not impose recordkeeping or
information collection requirements, or
the collection of information from
offerors, contractors, or members of the
public which require the approval of
OMB under 44 U.S.C. 3501–3520.
D. Small Business Reform Act
RIN 3090–AI45
Federal Management Regulation; FMR
Case 2008–102–2, Change in
Consumer Price Index Minimal Value
This final rule is also exempt from
Congressional review prescribed under
5 U.S.C. 801 since it relates solely to
agency management and personnel.
List of Subjects in 41 CFR Part 102–42
Office of Governmentwide
Policy, General Services
Administration, (GSA).
ACTION: Final rule.
AGENCY:
Public Law 95–105 requires
that at 3-year intervals following
January 1, 1981, minimal value for
foreign gifts be redefined by the
Administrator of General Services, after
consultation with the Secretary of State,
to reflect changes in the Consumer Price
Index for the immediately preceding 3year period. The required consultation
has been completed and the minimal
value has been increased to mean $335
or less as of January 1, 2008.
DATES: Effective Date: This final rule is
effective February 8, 2008.
Applicability Date: January 1, 2008.
FOR FURTHER INFORMATION CONTACT: Mr.
Robert Holcombe, Director, Asset
Management Policy Division (202) 501–
3828 for clarification of content. For
SUMMARY:
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Excess government property,
Government property management.
Dated: January 27, 2008.
Lurita Doan,
Administrator of General Services.
For the reasons set forth in the
preamble, GSA amends 41 CFR part
102–42 as set forth below:
I
PART 102–42—UTILIZATION,
DONATION, AND DISPOSAL OF
FOREIGN GIFTS AND DECORATIONS
1. The authority citation for 41 CFR
part 102–42 continues to read as
follows:
I
Authority: 40 U.S.C. 121(c); 5 U.S.C. 7342.
§ 102–42.10
[Amended]
2. Amend § 102–42.10, in the
definition of Minimal value, by
removing ‘‘$305’’ and adding ‘‘$335’’ in
its place.
I
[FR Doc. E8–2359 Filed 2–7–08; 8:45 am]
BILLING CODE 6820–14–S
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Agencies
[Federal Register Volume 73, Number 27 (Friday, February 8, 2008)]
[Rules and Regulations]
[Pages 7472-7475]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-2175]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[EPA-HQ-OPP-2002-0201; FRL-8342-4]
Inert ingredients: Denial of Pesticide Petitions 2E6491 (N-Acyl
Sarcosines and Sodium N-Acyl Sarcosinates), 7E4810 (Crezasin), and
7E4811 (Mival)
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is denying three petitions to amend or establish
exemptions from pesticide tolerances because insufficient data were
available to the Agency to make the safety finding of FFDCA section
408(c)(2): PP 2E6491 submitted by Hampshire Chemical Corporation to
amend the inert ingredient tolerance exemption under 40 CFR 180.1207
for certain N-acyl sarcosines and sodium N-acyl sarcosinates, and PP
7E4810 (Crezasin) and PP 7E4811 (Mival) submitted by Globe Tech
Industries Corporation to establish an inert ingredient tolerance
exemption under Sec. 180.920.
DATES: This regulation is effective February 8, 2008. Objections and
requests for hearings must be received on or before April 8, 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-2002-0201. To access the
electronic docket, go to https://www.regulations.gov, select ``Advanced
Search,'' then ``Docket Search.'' Insert the docket ID number where
indicated and select the ``Submit'' button. Follow the instructions on
the regulations.gov 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 in the electronic docket at https://www.regulations.gov, or,
if only available in hard copy, at the OPP Regulatory Public Docket in
Rm. S-4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr.,
Arlington, VA. The Docket Facility is open from 8:30 a.m. to 4 p.m.,
Monday through Friday, excluding legal holidays. The Docket Facility
telephone number is (703) 305-5805.
FOR FURTHER INFORMATION CONTACT: Kathleen Martin, Registration Division
(7505P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone
number: (703) 308-2857; e-mail address: martin.kathleen@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this Action Apply to Me?
You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
Potentially affected entities may include, but are not limited to,
those engaged in the following activities:
Crop production (NAICS code 111), e.g., agricultural
workers; greenhouse, nursery, and floriculture workers; farmers.
Animal production (NAICS code 112), e.g., cattle ranchers
and farmers, dairy cattle farmers, livestock farmers.
Food manufacturing (NAICS code 311), e.g., agricultural
workers; farmers; greenhouse, nursery, and floriculture workers;
ranchers; pesticide applicators.
Pesticide manufacturing (NAICS code 32532), e.g.,
agricultural workers; commercial applicators; farmers; greenhouse,
nursery, and floriculture workers; residential users.
This listing is not intended to be exhaustive, but rather to
provide a guide for readers regarding entities likely to be
[[Page 7473]]
affected by this action. Other types of entities not listed in this
unit could also be affected. The North American Industrial
Classification System (NAICS) codes have been provided to assist you
and others in determining whether this action might apply to certain
entities. If you have any questions regarding the applicability of this
action to a particular entity, consult the person listed under FOR
FURTHER INFORMATION CONTACT.
B. How Can I Access Electronic Copies of this Document?
In addition to accessing an electronic copy of this Federal
Register document through the electronic docket at https://
www.regulations.gov, you may access this Federal Register document
electronically through the EPA Internet under the ``Federal Register''
listings at https://www.epa.gov/fedrgstr. You may also access a
frequently updated electronic version of EPA's tolerance regulations at
40 CFR part 180 through the Government Printing Office's pilot e-CFR
site at https://www.gpoaccess.gov/ecfr.
C. Can I File an Objection or Hearing Request?
Under section 408(g) of FFDCA, any person may file an objection to
any aspect of this regulation and may also request a hearing on those
objections. You must file your objection or request a hearing on this
regulation in 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-2002-0201 in the subject line on the first page of
your submission. All requests must be in writing, and must be mailed or
delivered to the Hearing Clerk as required by 40 CFR part 178 on or
before April 8, 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 this copy, identified by docket ID number
EPA-HQ-OPP-2002-0201, 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
A. What Action is the Agency Taking?
1. Denial of Pesticide Petition 2E6491 (N-Acyl Sarcosines and
Sodium N-Acyl Sarcosinates).
In December 1999, EPA established exemptions from the requirement
of a tolerance at 40 CFR 180.1207 for residues of certain N-acyl
sarcosines and sodium N-acyl sarcosinates when used as inert
ingredients (surfactants) at levels not to exceed 10% in pesticide
formulations containing glyphosate (64 FR 68044; December 6, 1999). The
specific N-acyl sarcosines and sodium N-acyl sarcosinates were: N-
oleoyl sarcosine (CAS 110-25-8); N-stearoyl sarcosine (CAS 142-48-3);
N-lauroyl sarcosine (CAS 97-78-9); N-myristoyl sarcosine (CAS 52558-73-
3); N-cocoyl sarcosine mixture (CAS 68411-97-2); N-methyl-N-(1-oxo-9-
octodecenyl) glycine (CAS 3624-77-9); N-methyl-N-(1-oxooctadecyl)
glycine (CAS 5136-55-0); N-methyl-N-(1-oxododecyl) glycine (CAS 137-16-
6); N-methyl-N-(1-oxotetradecyl glycine (CAS 30364-51-3); and N-cocoyl
sarcosine sodium salt mixture (CAS 61791-59-1).
In the Federal Register of September 18, 2002 (67 FR 58799) (FRL-
7194-5), EPA issued a notice pursuant to section 408 of FFDCA, 21
U.S.C. 346a, as amended by FQPA (Public Law 104-170), announcing the
filing of a pesticide petition (PP 2E6491) by Hampshire Chemical
Corporation. The petition requested that 40 CFR 180.1207, which
pertains to the N-acyl sarcosines and sodium N-acyl sarcosinates listed
in the previous paragraph, be amended to add pesticide formulations
containing the active ingredients 2,4-D, atrazine, dicamba, and
glufosinate ammonium; the existing tolerance exemption is limited to
formulations containing glyphosate. No comments were received in
response to the notice of filing.
In evaluating the petitioner's request (PP 2E6491), EPA determined
that significant and important data were missing from the petitioner's
submission. First, certain data submitted by the petitioner (e.g.,
acute, subchronic, and chronic toxicity) are inadequate and not
acceptable. The data are unpublished, and no basic quality information
(in compliance with Good Laboratory Practices) is provided, including
when the studies were conducted. Second, the submitter did not provide
adequate developmental and reproductive toxicity data. In making the
FFDCA safety determination, EPA considers the validity, completeness,
and reliability of the data that are available to the Agency (FFDCA
sections 408(b)(2)(D) and 408(c)(2)(B)), and the available information
concerning the special susceptibility of infants and children. If
reproductive and developmental toxicity data are not available, or if
such information is not available in the open literature, screening
level reproductive and developmental toxicity data may be acceptable
for assessing the special susceptibility of infants and children. For
the sarcosines, EPA communicated with the petitioner regarding the
developmental/reproductive toxicity data gap; no further information or
data were received.
Because the safety finding, as required under FFDCA section
408(c)(2), could not be made due to insufficient data, EPA is denying
the petitioner's request to amend the existing tolerance exemption for
the N-acyl sarcosines and sodium N-acyl sarcosinates.
2. Denial of Pesticide Petitions 7E4810 (Crezasin) and 7E4811
(Mival).
In the Federal Register of December 2, 1997 (62 FR 63940) (FRL-
5751-9), EPA issued two notices pursuant to section 408 of FFDCA, 21
U.S.C. 346a announcing the filing of pesticide petitions (PP 7E4810 and
PP 7E4811) by Globe Tech Industries Corporation. The petitions
requested that EPA establish inert ingredient tolerance exemptions
under 40 CFR 180.920 for the use of Crezasin (PP 7E4810) and Mival (PP
7E4811) in pesticide formulations used on growing crops only.
In evaluating the petitioner's requests, EPA determined that
significant and important data in the petitioner's submission were
inadequate and not acceptable, including the residue chemistry and the
description of the chemicals' product chemistry data. EPA has been
unable to contact or locate the petitioner, Globe Tech Corporation,
about the data deficiencies. In making the FFDCA safety determination,
EPA considers the validity, completeness, and reliability of the data
that are available to the Agency (FFDCA section 408(b)(2)(D) and
408(c)(2)(B)). Because the safety finding required under FFDCA section
408(b)(2) could not be
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made due to insufficient data, EPA is denying the petitioner's request
to establish inert ingredient tolerance exemptions under 40 CFR 180.920
for the use of Crezasin (PP 7E4810) and Mival (PP 7E4811).
B. What is the Agency's Authority for Taking this Action?
Section 408(c)(2)(A)(i) of FFDCA allows EPA to establish an
exemption from the requirement for a tolerance (the legal limit for a
pesticide chemical residue in or on a food) only if EPA determines that
the exemption is ``safe.'' Section 408(c)(2)(A)(ii) of FFDCA defines
``safe'' to mean that ``there is a reasonable certainty that no harm
will result from aggregate exposure to the pesticide chemical residue,
including all anticipated dietary exposures and all other exposures for
which there is reliable information.''
III. Objections and Hearing Requests
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. Although the procedures in those regulations require
some modification to reflect the amendments made to FFDCA by FQPA, EPA
will continue to use those procedures, with appropriate adjustments,
until the necessary modifications can be made. The new section 408(g)
provides essentially the same process for persons to ``object'' to a
regulation for an exemption from the requirement of a tolerance issued
by EPA under new section 408(d), as was provided in the old FFDCA
sections 408 and 409. However, the period for filing objections is now
60 days, rather than 30 days.
A. What Do I Need to Do to File an Objection or Request a Hearing?
You must file your objection or request a hearing on this
regulation in accordance with the instructions provided in this unit
and in 40 CFR part 178. To ensure proper receipt by EPA, you must
identify docket ID number EPA-HQ-OPP-2002-0201 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 April 8,
2008.
1. Filing the request. Your objection must specify the specific
provisions in the regulation that you object to, and the grounds for
the objections (40 CFR 178.25). If a hearing is requested, the
objections must include a statement of the factual issues(s) on which a
hearing is requested, the requestor's contentions on such issues, and a
summary of any evidence relied upon by the objector (40 CFR 178.27).
Information submitted in connection with an objection or hearing
request may be claimed confidential by marking any part or all of that
information as CBI. Information so marked will not be disclosed except
in accordance with procedures set forth in 40 CFR part 2. A copy of the
information that does not contain CBI must be submitted for inclusion
in the public record. Information not marked confidential may be
disclosed publicly by EPA without prior notice. Mail your written
request to: Office of the Hearing Clerk (1900L), Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001. You may also deliver your request to the Office of the Hearing
Clerk in Suite 350, 1099 14th St., NW., Washington, DC 20005. The
Office of the Hearing Clerk is open from 8 a.m. to 4 p.m., Monday
through Friday, excluding legal holidays. The telephone number for the
Office of the Hearing Clerk is (202) 564-6255.
2. Copies for the Docket. In addition to filing an objection or
hearing request with the Hearing Clerk as described in Unit III.A., you
should also send a copy of your request to Public Information and
Records Integrity Branch (PIRIB) for its inclusion in the official
record that is described in ADDRESSES. Mail your copies, identified by
docket ID number EPA-HQ-OPP-2002-0201, to: Public Information and
Records Integrity Branch, Information Resources and Services Division
(7502P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460. In person or by
courier, bring a copy to the location of PIRIB described in ADDRESSES.
You may also send an electronic copy of your request via e-mail to:
opp-docket@epa.gov. Please use an ASCII file format and avoid the use
of special characters and any form of encryption. Copies of electronic
objections and hearing requests will also be accepted on disks in
WordPerfect 6.1/8.0 or ASCII file format. Do not include any CBI in
your electronic copy. You may also submit an electronic copy of your
request at many Federal Depository Libraries.
B. When Will the Agency Grant a Request for a Hearing?
A request for a hearing will be granted if the Administrator
determines that the material submitted shows the following: There is a
genuine and substantial issue of fact; there is a reasonable
possibility that available evidence identified by the requestor would,
if established resolve one or more of such issues in favor of the
requestor, taking into account uncontested claims or facts to the
contrary; and resolution of the factual issues(s) in the manner sought
by the requestor would be adequate to justify the action requested (40
CFR 178.32).
IV. Statutory and Executive Order Reviews
This final rule denies a request to amend an exemption from
tolerance under FFDCA section 408(d). The Office of Management and
Budget (OMB) has exempted these types of actions from review under
Executive Order 12866, entitled Regulatory Planning and Review (58 FR
51735, October 4, 1993). Because this rule has been exempted from
review under Executive Order 12866 due to its lack of significance,
this rule is not subject to Executive Order 13211, Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use (66 FR 28355, May 22, 2001). This final rule does not contain any
information collections subject to OMB approval under the Paperwork
Reduction Act (PRA), 44 U.S.C. 3501 et seq., or impose any enforceable
duty or contain any unfunded mandate as described under Title II of the
Unfunded Mandates Reform Act of 1995 (UMRA) (Public Law 104-4). Nor
does it require any special considerations under Executive Order 12898,
entitled Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations (59 FR 7629, February 16, 1994);
or OMB review or any Agency action under Executive Order 13045,
entitled Protection of Children from Environmental Health Risks and
Safety Risks (62 FR 19885, April 23, 1997). This action does not
involve any technical standards that would require Agency consideration
of voluntary consensus standards pursuant to section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (NTTAA),
Public Law 104-113, section 12(d) (15 U.S.C. 272 note).
Since tolerances and exemptions that are established on the basis
of a petition under FFDCA section 408(d), such as the tolerance in this
final rule, do not require the issuance of a proposed rule, the
requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et
seq.) do not apply. In addition, the Agency has determined that this
action will not have a substantial direct effect on States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various
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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 FFDCA section 408(n)(4). For these same reasons, the Agency has
determined that this rule does not have any ``tribal implications'' as
described in Executive Order 13175, entitled Consultation and
Coordination with Indian Tribal Governments (59 FR 22951, November 6,
2000). Executive Order 13175, requires EPA to develop an accountable
process to ensure ``meaningful and timely input by tribal officials in
the development of regulatory policies that have tribal implications.''
``Policies that have tribal implications'' is defined in the Executive
order to include regulations that have ``substantial direct effects on
one or more Indian tribes, on the relationship between the Federal
Government and the Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.''
This rule will not have substantial direct effects on tribal
governments, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes, as specified in
Executive Order 13175. Thus, Executive Order 13175 does not apply to
this rule.
V. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report to each House of the Congress and to
the Comptroller General of the United States. EPA will submit a report
containing this rule and other required information to the U.S. 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: January 28, 2008.
Marty Monell,
Acting Director, Office of Pesticide Programs.
[FR Doc. E8-2175 Filed 2-7-08; 8:45 am]
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