Dibasic Esters (DBE); Exemption from the Requirement of a Tolerance, 10396-10398 [E8-3492]
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10396
Federal Register / Vol. 73, No. 39 / Wednesday, February 27, 2008 / Rules and Regulations
List of Subjects in 40 CFR Part 180
Environmental protection,
Administrative practice and procedure,
Agricultural commodities, Pesticides
and pests, Reporting and recordkeeping
requirements.
Dated: February 14, 2008.
Donald R. Stubbs,
Acting Director, Registration Division, Office
of Pesticide Programs.
Therefore, 40 CFR chapter I is
amended as follows:
I
PART 180—[AMENDED]
Authority: 21 U.S.C. 321(q), 346a and 371.
2. Section 180.436 is amended by
adding alphabetically commodities to
the table in paragraph (a)(1), and by
removing and reserving paragraph (c) to
read as follows:
I
§ 180.436 Cyfluthrin: tolerances for
residues.
*
*
Parts per
million
Commodity
*
*
*
*
Beet, sugar, roots .....................
Beet, sugar, dried pulp .............
*
*
*
*
Grass, forage, fodder and hay,
group 17, forage ...................
Grass, forage, fodder and hay,
group 17, hay ........................
*
*
*
*
*
0.10
1.0
*
12
50
*
*
*
*
*
*
(c) Tolerances with regional
registrations. [Reserved]
*
*
*
*
*
[FR Doc. E8–3393 Filed 2–26–08; 8:45 am]
BILLING CODE 6560–50–S
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2007–0182; FRL–8341–4]
Dibasic Esters (DBE); Exemption from
the Requirement of a Tolerance
Environmental Protection
Agency (EPA).
ACTION: Final rule.
ebenthall on PRODPC61 with RULES
AGENCY:
SUMMARY: This regulation establishes
exemptions from the requirement of a
tolerance for residues of dibasic esters
(DBE; CAS Reg. No. 95481–62–2) when
used as an inert ingredient solvent and/
or anti-freeze microencapsulated at 10%
weight/weight (W/W) or less in
VerDate Aug<31>2005
14:57 Feb 26, 2008
Jkt 214001
This regulation is effective
February 27, 2008. Objections and
requests for hearings must be received
on or before April 28, 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–2007–0182. To access the
electronic docket, go to https://
www.regulations.gov, select ‘‘Advanced
Search,’’ then ‘‘Docket Search.’’ Insert
the docket ID number where indicated
and select the ‘‘Submit’’ button. Follow
the instructions on the regulations.gov
web site to view the docket index or
access available documents. All
documents in the docket are listed in
the docket index available in
regulations.gov. Although listed in the
index, some information is not publicly
available, e.g., Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either 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:
Tracy Ward, Registration Division
(7505P), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460–0001; telephone number:
(703) 308–9361; e-mail address:
ward.tracyh@epa.gov.
DATES:
1. The authority citation for part 180
continues to read as follows:
I
(a) *
pesticide formulations with the active
ingredient cyfluthrin. Whitmire MicroGen Research Laboratories, Inc.
submitted a pesticide petition 5E4442 to
EPA under the Federal Food, Drug, and
Cosmetic Act (FFDCA) requesting
exemptions from the requirement of a
tolerance. EPA published in the Federal
Register on August 29, 2007 (72 FR
49689) a proposed rule for this petition
in order to provide the public with an
opportunity to comment on data that
submitted to the Agency after the
publication of the petition’s Notice of
Filing.
SUPPLEMENTARY INFORMATION:
PO 00000
Frm 00018
Fmt 4700
Sfmt 4700
I. General Information
A. Does this Action Apply to Me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. Potentially
affected entities may include, but are
not limited to:
• Crop production (NAICS 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. If you have any
questions regarding the applicability of
this action to a particular entity, consult
the person listed under FOR FURTHER
INFORMATION CONTACT.
B. How Can I Access Electronic Copies
of this Document?
In addition to accessing an electronic
copy of this Federal Register document
through the electronic docket at https://
www.regulations.gov, you may access
this Federal Register document
electronically through the EPA Internet
under the ‘‘Federal Register’’ listings at
https://www.epa.gov/fedrgstr. You may
also access a frequently updated
electronic version of 40 CFR part 180
through the Government Printing
Office’s pilot e-CFR site at https://
www.gpoaccess.gov/ecfr.
C. Can I File an Objection or Hearing
Request?
Under section 408(g) of the FFDCA, as
amended by the FQPA, any person may
file an objection to any aspect of this
regulation and may also request a
hearing on those objections. The EPA
procedural regulations which govern the
submission of objections and requests
for hearings appear in 40 CFR part 178.
You must file your objection or request
a hearing on this regulation in
accordance with the instructions
provided in 40 CFR part 178. To ensure
proper receipt by EPA, you must
identify docket ID number EPA–HQ–
OPP–2007–0182 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 28, 2008.
E:\FR\FM\27FER1.SGM
27FER1
Federal Register / Vol. 73, No. 39 / Wednesday, February 27, 2008 / Rules and Regulations
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–2007–0182, 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.
ebenthall on PRODPC61 with RULES
II. Background and Statutory Findings
In the Federal Register of December
23, 1998 (63 FR 71126) (FRL–6047–7),
EPA issued a notice pursuant to section
408 of the FFDCA, 21 U.S.C. 346a,
announcing the filing of a pesticide
petition (PP 5E4442) by Whitmire
Micro-Gen Research Laboratories, Inc.,
3568 Tree Court Industrial Blvd., St.
Louis, MO 63122–6682. The petition
requested that 40 CFR 180.910 and
180.930 be amended by establishing an
exemption from the requirement of a
tolerance for residues of dibasic esters
(DBE). EPA received a significant
number of new studies as a result of an
enforceable consent agreement issued
under Section 4 of the Toxic Substance
Control Act (TSCA) (Federal Register,
August 5, 1999, 64 FR 42692) (FRL–
6090–6). EPA published in the Federal
Register on August 29, 2007 (72 FR
49689) (FRL–8143–3) a proposed rule
for this petition in order to provide the
public with an opportunity to comment
on the new data.
III. EPA’s Determination on Proposed
Rule
One comment was received on the
proposed rule. The commenter
expressed a general concern over test
results: ‘‘The test results show a real
tendency to harm i do not think this
VerDate Aug<31>2005
14:57 Feb 26, 2008
Jkt 214001
product should ever be sold or
manufactured ever.’’ The Agency has
addressed the results of the studies in
the proposed rule and its decision
document. The full decision document
for this action is available on EPA’s
Electronic Docket at https://
www.regulations.gov/ under docket
number EPA–HQ–OPP–2007–0182.
Given the non-specificity of the
comment EPA cannot respond further.
Accordingly, based on the reasons set
forth in the proposed rule and the
decision document, EPA concludes that
there is a reasonable certainty of no
harm to the general population,
including infants and children, from
aggregate exposure to residues of dibasic
esters (DBE; CAS Reg. No. 95481–62–2)
when used as an inert ingredient in
pesticide formulations. Accordingly,
EPA finds that the tolerance exemptions
described in Unit II. for residues of
dibasic esters will be safe.
The Agency is granting the requested
exemptions from the requirement of a
tolerance for residues of dibasic esters
when used as an inert ingredient solvent
and/or anti-freeze microencapsulated at
10% weight/weight (W/W) or less in
pesticide formulations with the active
ingredient cyfluthrin.
IV. Statutory and Executive Order
Reviews
This final rule establishes a tolerance
exemption under section 408(d) of
FFDCA in response to a petition
submitted to the Agency. The Office of
Management and Budget (OMB) has
exempted these types of actions from
review under Executive Order 12866,
entitled Regulatory Planning and
Review (58 FR 51735, October 4, 1993).
Because this rule has been exempted
from review under Executive Order
12866, this rule is not subject to
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use (66 FR 28355, May
22, 2001) or Executive Order 13045,
entitled Protection of Children from
Environmental Health Risks and Safety
Risks (62 FR 19885, April 23, 1997).
This final rule does not contain any
information collections subject to OMB
approval under the Paperwork
Reduction Act (PRA), 44 U.S.C. 3501 et
seq., nor does it require any special
considerations under Executive Order
12898, entitled Federal Actions to
Address Environmental Justice in
Minority Populations and Low-Income
Populations (59 FR 7629, February 16,
1994).
Pursuant to the Regulatory Flexibility
Act (RFA) (5 U.S.C. 601 et seq.), the
Agency hereby certifies that this
PO 00000
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Fmt 4700
Sfmt 4700
10397
proposed action will not have
significant negative economic impact on
a substantial number of small entities.
Establishing a pesticide tolerance or an
exemption from the requirement of a
pesticide tolerance is, in effect, the
removal of a regulatory restriction on
pesticide residues in food and thus such
an action will not have any negative
economic impact on any entities,
including small entities. This 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).
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).
E:\FR\FM\27FER1.SGM
27FER1
10398
Federal Register / Vol. 73, No. 39 / Wednesday, February 27, 2008 / Rules and Regulations
List of Subjects in 40 CFR Part 180
Environmental protection,
Administrative practice and procedure,
Agricultural commodities, Pesticides
and pests, Reporting and recordkeeping
requirements.
Dated: February 6, 2008.
Lois Rossi,
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.
2. Section 180.1277 is added to
subpart D to read as follows:
I
§ 180.1277 Dibasic esters; exemption from
the requirement of a tolerance.
Dibasic esters (CAS Reg. No. 95481–
62–2) is exempted from the requirement
of a tolerance for residues when used as
an inert ingredient (solvent and/or antifreeze) at 10% W/W or less in
microencapsulated pesticide
formulations with the active ingredient
cyfluthrin.
[FR Doc. E8–3492 Filed 2–26–08; 8:45 am]
BILLING CODE 6560–50–S
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
I. General Information
EPA–HQ–OPP–2006–0785; FRL–8349–9]
Pyroxsulam; Pesticide Tolerances
Environmental Protection
Agency (EPA).
ACTION: Final rule.
ebenthall on PRODPC61 with RULES
AGENCY:
SUMMARY: This regulation establishes
tolerances for residues of pyroxsulam in
or on wheat, forage; wheat, grain; wheat,
hay and wheat, straw. Dow
AgroSciences LLC requested this
tolerance under the Federal Food, Drug,
and Cosmetic Act (FFDCA).
DATES: This regulation is effective
February 27, 2008. Objections and
requests for hearings must be received
on or before April 28, 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–2006–0785. To access the
electronic docket, go to https://
VerDate Aug<31>2005
14:57 Feb 26, 2008
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: Erik
Kraft, Registration Division (7505P),
Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460–0001; telephone number:
(703) 308–9358; e-mail address:
Kraft.Erik@epa.gov.
SUPPLEMENTARY INFORMATION:
Jkt 214001
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
PO 00000
Frm 00020
Fmt 4700
Sfmt 4700
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–2006–0785 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 28, 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–2006–0785, 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.
E:\FR\FM\27FER1.SGM
27FER1
]]>Agencies
[Federal Register Volume 73, Number 39 (Wednesday, February 27, 2008)]
[Rules and Regulations]
[Pages 10396-10398]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-3492]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[EPA-HQ-OPP-2007-0182; FRL-8341-4]
Dibasic Esters (DBE); Exemption from the Requirement of a
Tolerance
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This regulation establishes exemptions from the requirement of
a tolerance for residues of dibasic esters (DBE; CAS Reg. No. 95481-62-
2) when used as an inert ingredient solvent and/or anti-freeze
microencapsulated at 10% weight/weight (W/W) or less in pesticide
formulations with the active ingredient cyfluthrin. Whitmire Micro-Gen
Research Laboratories, Inc. submitted a pesticide petition 5E4442 to
EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA) requesting
exemptions from the requirement of a tolerance. EPA published in the
Federal Register on August 29, 2007 (72 FR 49689) a proposed rule for
this petition in order to provide the public with an opportunity to
comment on data that submitted to the Agency after the publication of
the petition's Notice of Filing.
DATES: This regulation is effective February 27, 2008. Objections and
requests for hearings must be received on or before April 28, 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-2007-0182. To access the
electronic docket, go to https://www.regulations.gov, select ``Advanced
Search,'' then ``Docket Search.'' Insert the docket ID number where
indicated and select the ``Submit'' button. Follow the instructions on
the regulations.gov web site to view the docket index or access
available documents. All documents in the docket are listed in the
docket index available in regulations.gov. Although listed in the
index, some information is not publicly available, e.g., Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either 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: Tracy Ward, Registration Division
(7505P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone
number: (703) 308-9361; e-mail address: ward.tracyh@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this Action Apply to Me?
You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
Potentially affected entities may include, but are not limited to:
Crop production (NAICS code 111).
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. If you have any
questions regarding the applicability of this action to a particular
entity, consult the person listed under FOR FURTHER INFORMATION
CONTACT.
B. How Can I Access Electronic Copies of this Document?
In addition to accessing an electronic copy of this Federal
Register document through the electronic docket at https://
www.regulations.gov, you may access this Federal Register document
electronically through the EPA Internet under the ``Federal Register''
listings at https://www.epa.gov/fedrgstr. You may also access a
frequently updated electronic version of 40 CFR part 180 through the
Government Printing Office's pilot e-CFR site at https://
www.gpoaccess.gov/ecfr.
C. Can I File an Objection or Hearing Request?
Under section 408(g) of the FFDCA, as amended by the FQPA, any
person may file an objection to any aspect of this regulation and may
also request a hearing on those objections. The EPA procedural
regulations which govern the submission of objections and requests for
hearings appear in 40 CFR part 178. You must file your objection or
request a hearing on this regulation in accordance with the
instructions provided in 40 CFR part 178. To ensure proper receipt by
EPA, you must identify docket ID number EPA-HQ-OPP-2007-0182 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 28, 2008.
[[Page 10397]]
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-2007-0182, 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
In the Federal Register of December 23, 1998 (63 FR 71126) (FRL-
6047-7), EPA issued a notice pursuant to section 408 of the FFDCA, 21
U.S.C. 346a, announcing the filing of a pesticide petition (PP 5E4442)
by Whitmire Micro-Gen Research Laboratories, Inc., 3568 Tree Court
Industrial Blvd., St. Louis, MO 63122-6682. The petition requested that
40 CFR 180.910 and 180.930 be amended by establishing an exemption from
the requirement of a tolerance for residues of dibasic esters (DBE).
EPA received a significant number of new studies as a result of an
enforceable consent agreement issued under Section 4 of the Toxic
Substance Control Act (TSCA) (Federal Register, August 5, 1999, 64 FR
42692) (FRL-6090-6). EPA published in the Federal Register on August
29, 2007 (72 FR 49689) (FRL-8143-3) a proposed rule for this petition
in order to provide the public with an opportunity to comment on the
new data.
III. EPA's Determination on Proposed Rule
One comment was received on the proposed rule. The commenter
expressed a general concern over test results: ``The test results show
a real tendency to harm i do not think this product should ever be sold
or manufactured ever.'' The Agency has addressed the results of the
studies in the proposed rule and its decision document. The full
decision document for this action is available on EPA's Electronic
Docket at https://www.regulations.gov/ under docket number EPA-HQ-OPP-
2007-0182. Given the non-specificity of the comment EPA cannot respond
further.
Accordingly, based on the reasons set forth in the proposed rule
and the decision document, EPA concludes that there is a reasonable
certainty of no harm to the general population, including infants and
children, from aggregate exposure to residues of dibasic esters (DBE;
CAS Reg. No. 95481-62-2) when used as an inert ingredient in pesticide
formulations. Accordingly, EPA finds that the tolerance exemptions
described in Unit II. for residues of dibasic esters will be safe.
The Agency is granting the requested exemptions from the
requirement of a tolerance for residues of dibasic esters when used as
an inert ingredient solvent and/or anti-freeze microencapsulated at 10%
weight/weight (W/W) or less in pesticide formulations with the active
ingredient cyfluthrin.
IV. Statutory and Executive Order Reviews
This final rule establishes a tolerance exemption under section
408(d) of FFDCA in response to a petition submitted to the Agency. The
Office of Management and Budget (OMB) has exempted these types of
actions from review under Executive Order 12866, entitled Regulatory
Planning and Review (58 FR 51735, October 4, 1993). Because this rule
has been exempted from review under Executive Order 12866, this rule is
not subject to Executive Order 13211, Actions Concerning Regulations
That Significantly Affect Energy Supply, Distribution, or Use (66 FR
28355, May 22, 2001) or Executive Order 13045, entitled Protection of
Children from Environmental Health Risks and Safety Risks (62 FR 19885,
April 23, 1997). This final rule does not contain any information
collections subject to OMB approval under the Paperwork Reduction Act
(PRA), 44 U.S.C. 3501 et seq., nor does it require any special
considerations under Executive Order 12898, entitled Federal Actions to
Address Environmental Justice in Minority Populations and Low-Income
Populations (59 FR 7629, February 16, 1994).
Pursuant to the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et
seq.), the Agency hereby certifies that this proposed action will not
have significant negative economic impact on a substantial number of
small entities. Establishing a pesticide tolerance or an exemption from
the requirement of a pesticide tolerance is, in effect, the removal of
a regulatory restriction on pesticide residues in food and thus such an
action will not have any negative economic impact on any entities,
including small entities. This 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).
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).
[[Page 10398]]
List of Subjects in 40 CFR Part 180
Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.
Dated: February 6, 2008.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.
0
Therefore, 40 CFR chapter I is amended as follows:
PART 180--[AMENDED]
0
1. The authority citation for part 180 continues to read as follows:
Authority: 21 U.S.C. 321(q), 346a and 371.
0
2. Section 180.1277 is added to subpart D to read as follows:
Sec. 180.1277 Dibasic esters; exemption from the requirement of a
tolerance.
Dibasic esters (CAS Reg. No. 95481-62-2) is exempted from the
requirement of a tolerance for residues when used as an inert
ingredient (solvent and/or anti-freeze) at 10% W/W or less in
microencapsulated pesticide formulations with the active ingredient
cyfluthrin.
[FR Doc. E8-3492 Filed 2-26-08; 8:45 am]
BILLING CODE 6560-50-S
