Pyraclostrobin; Pesticide Tolerance for Emergency Exemptions, 21839-21843 [E8-8675]
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Federal Register / Vol. 73, No. 79 / Wednesday, April 23, 2008 / Rules and Regulations
of actions from review under Executive
Order 12866, entitled Regulatory
Planning and Review (58 FR 51735,
October 4, 1993). Because this final rule
has been exempted from review under
Executive Order 12866, this final rule is
not subject to Executive Order 13211,
Actions Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use (66 FR 28355, May
22, 2001) 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 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.
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 9, 2000) do not apply
to this final rule. In addition, this final
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
VerDate Aug<31>2005
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21839
(NTTAA), Public Law 104–113, section
12(d) (15 U.S.C. 272 note).
ENVIRONMENTAL PROTECTION
AGENCY
VII. Congressional Review Act
40 CFR Part 180
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).
[EPA–HQ–OPP–2008–0003; FRL–8359–7]
List of Subjects in 40 CFR Part 180
Environmental protection,
Administrative practice and procedure,
Agricultural commodities, Pesticides
and pests, Reporting and recordkeeping
requirements.
Dated: April 10, 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]
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 180.601 is amended by
alphabetically adding the following
commodity to the table in paragraph (a)
to read as follows:
I
§ 180.601 Cyazofamid; tolerances for
residues.
(a) * * *
Commodity
Parts per million
Carrot, roots ....................
*
*
*
*
*
*
*
0.09
*
*
*
[FR Doc. E8–8371 Filed 4–22–08; 8:45 am]
BILLING CODE 6560–50–S
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Pyraclostrobin; Pesticide Tolerance for
Emergency Exemptions
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
SUMMARY: This regulation establishes a
time-limited tolerance for combined
residues of the fungicide pyraclostrobin
(carbamic acid, [2-[[[1-(4-chlorophenyl)1H-pyrazol-3yl]oxy]methyl]phenyl]methoxy-, methyl
ester) and its desmethoxy metabolite
(methyl-N-[[[1-(4-chlorophenyl) pyrazol3-yl]oxy]o-tolyl]carbamate), expressed
as parent compound, in or on Belgian
endive. This action is in response to
EPA’s granting of an emergency
exemption under section 18 of the
Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA) authorizing
post harvest use of the pesticide on
endive, Belgian to control the fungal
pathogen, Sclerotinia sclerotiorum. This
regulation establishes a maximum
permissible level for residues of
pyraclostrobin in this food commodity.
The time-limited tolerance expires and
is revoked on December 31, 2009.
DATES: This regulation is effective April
23, 2008. Objections and requests for
hearings must be received on or before
June 23, 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–2008–0003. 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
ADDRESSES:
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Federal Register / Vol. 73, No. 79 / Wednesday, April 23, 2008 / Rules and Regulations
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:
Stacey Groce, Registration Division
(7505P), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460–0001; telephone number:
(703) 305–2505; e-mail address:
groce.stacey@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.
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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
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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 Federal
Food, Drug, and Cosmetic Act (FFDCA),
as amended by the Food Quality
Protection Act of 1996 (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–2008–0003 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 June 23, 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–2008–0003, 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, on its own initiative, in
accordance with sections 408(e) and
408(l)(6) of FFDCA, 21 U.S.C. 346a(e)
and 346a(1)(6), is establishing a timelimited tolerance for combined residues
of the fungicide, pyraclostrobin, in or on
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endive, Belgian at 11.0 parts per million
(ppm). This time-limited tolerance
expires and is revoked on December 31,
2009. EPA will publish a document in
the Federal Register to remove the
revoked tolerance from the CFR.
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 section 18 of FIFRA. Such
tolerances can be established without
providing notice or period for public
comment. EPA does not intend for its
actions on section 18 related timelimited tolerances to set binding
precedents for the application of section
408 of FFDCA and the new safety
standard to other tolerances and
exemptions. Section 408(e) of FFDCA
allows EPA to establish a tolerance or an
exemption from the requirement of a
tolerance on its own initiative, i.e.,
without having received any petition
from an outside party.
Section 408(b)(2)(A)(i) of FFDCA
allows EPA to establish a time-limited
tolerance (the legal limit for a pesticide
chemical residue in or on a food) only
if EPA determines that the tolerance is
‘‘safe.’’ Section 408(b)(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.’’ This includes exposure
through drinking water and in
residential settings, but does not include
occupational exposure. Section
408(b)(2)(C) of FFDCA requires EPA to
give special consideration to exposure
of infants and children to the pesticide
chemical residue in establishing a
tolerance and to ‘‘ensure that there is a
reasonable certainty that no harm will
result to infants and children from
aggregate exposure to the pesticide
chemical residue. . . .’’
Section 18 of FIFRA authorizes EPA
to exempt any Federal or State agency
from any provision of FIFRA, if EPA
determines that ‘‘emergency conditions
exist which require such exemption.’’
EPA has established regulations
governing such emergency exemptions
in 40 CFR part 166.
III. Emergency Exemption for
Pyraclostrobin on Endive, Belgian and
FFDCA Tolerances
The California Environmental
Protection Agency, Department of
Pesticide Regulation, utilized the crisis
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Federal Register / Vol. 73, No. 79 / Wednesday, April 23, 2008 / Rules and Regulations
provision under section 18 of FIFRA for
emergency use of pyraclostrobin as a
post harvest treatment on chicory roots
to control fungal growth of Sclerotinia
sclerotiorum during cold storage.
According to the applicant, portions of
the dormant roots are periodically
removed from cold storage and
propagated in sheds within a controlled
environment in order to stimulate bud
development. These edible buds are
known as Belgian endives, and are
marketed. Based on information
provided in the submission, an
emergency situation exists because the
pathogen, Sclerotinia sclerotiorum,
resides in field soils and can grow on
the chicory root during cold storage,
which makes the produce unmarketable.
The state’s application asserts there are
currently no other fungicides registered
for the post harvest treatment of chicory
root to control fungal growth. Further,
the State claims that good agricultural
practices are not sufficient to suppress
this fungal pathogen. EPA has
authorized a crisis exemption for the
California Department of Pesticide
Regulation under FIFRA section 18 for
the use of pyraclostrobin on endive,
Belgian for control of Sclerotinia
sclerotiorum. The crisis exemption
program ended on January 31, 2008.
As part of its evaluation of the
emergency exemption application, EPA
assessed the potential risks presented by
residues of pyraclostrobin in or on
endive, Belgian. In doing so, EPA
considered the safety standard in
section 408(b)(2) of FFDCA, and EPA
decided that the necessary time-limited
tolerance under section 408(l)(6) of
FFDCA would be consistent with the
safety standard and with FIFRA section
18. Consistent with the need to move
quickly on the emergency exemption in
order to address an urgent non-routine
situation and to ensure that the resulting
food is safe and lawful, EPA is issuing
this time-limited tolerance without
notice and opportunity for public
comment as provided in section
408(l)(6) of FFDCA. Although this timelimited tolerance expires and is revoked
on December 31, 2009, under section
408(l)(5) of FFDCA, residues of the
pesticide not in excess of the amounts
specified in the tolerance remaining in
or on endive, Belgian after that date will
not be unlawful, provided the pesticide
was applied in a manner that was lawful
under FIFRA, and the residues do not
exceed a level that was authorized by
these time-limited tolerances at the time
of that application. EPA will take action
to revoke this time-limited tolerance
earlier if any experience with, scientific
data on, or other relevant information
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on this pesticide indicate that the
residues are not safe.
Because this time-limited tolerance is
being approved under emergency
conditions, EPA has not made any final
decisions about whether pyraclostrobin
meets FIFRA’s registration requirements
for use on endive, Belgian or whether a
permanent tolerance for this use would
be appropriate. Under these
circumstances, EPA does not believe
that this time-limited tolerance decision
serves as a basis for registration of
pyraclostrobin by a State for special
local needs under FIFRA section 24(c).
Nor does this time-limited tolerance
serve as the basis for persons in any
State other than California to use this
pesticide on this crop under FIFRA
section 18 absent the issuance of an
emergency exemption applicable within
that State. For additional information
regarding the emergency exemption for
pyraclostrobin, contact the Agency’s
Registration Division at the address
provided under FOR FURTHER
INFORMATION CONTACT.
IV. Aggregate Risk Assessment and
Determination of Safety
Section 408(b)(2)(A)(i) of FFDCA
allows EPA to establish a time-limited
tolerance (the legal limit for a pesticide
chemical residue in or on a food) only
if EPA determines that the tolerance is
‘‘safe.’’ Section 408(b)(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.’’ This includes exposure
through drinking water and in
residential settings, but does not include
occupational exposure. Section
408(b)(2)(C) of FFDCA requires EPA to
give special consideration to exposure
of infants and children to the pesticide
chemical residue in establishing a
tolerance and to ‘‘ensure that there is a
reasonable certainty that no harm will
result to infants and children from
aggregate exposure to the pesticide
chemical residue. . . .’’
EPA performs a number of analyses to
determine the risks from aggregate
exposure to pesticide residues. For
further discussion of the regulatory
requirements of section 408 of FFDCA
and a complete description of the risk
assessment process, see
http:www.epa.gov/fedrgstr/EPA-PEST/
1997/November/Day-26/p30948.htm.
Consistent with the factors specified
in section 408(b)(2)(D) of FFDCA, EPA
has reviewed the available scientific
data and other relevant information in
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21841
support of this action. EPA has
sufficient data to assess the hazards of
and to make a determination on
aggregate exposure expected as a result
of this emergency exemption request
and the time-limited tolerance for
combined residues of pyraclostrobin on
endive, Belgian at 11.0 ppm. EPA’s
assessment of exposures and risks
associated with establishing a timelimited tolerance follows.
In the Federal Register of September
26, 2007 (72 FR 54564, FRL–8148–6),
EPA published a final rule establishing
tolerances for the combined residues of
pyraclostrobin and its desmethoxy
metabolite in or on berry, group 13;
cotton, undelinted seed; and cotton, gin
byproducts. When the Agency
conducted the risk assessments in
support of the above referenced
tolerance action, EPA also assessed data
submitted in the California Department
of Environmental Protection emergency
exemption request from trials that used
backpack sprayers in both pre-cold
storage and pre-forcing trays. This
assessment determined that the
backpack sprayer trials reflected the
worse-case scenario and that the Agency
could support the section 18 request
and grant a time-limited tolerance of 11
ppm on Belgian endive.
This time-limited tolerance is
expected to adequately cover any
pyraclostrobin residues using the
backpack sprayer application method.
The values for combined pyraclostrobin
residues were used to calculate the
appropriate tolerance for Belgian
endive. A detailed summary of this
evaluation can be found in the
document dated May 30, 2007 entitled,
‘‘Pyraclostrobin. Amendment. Petition
for Tolerance on Belgian endive.
Additional Discussion of Residue Data
and Its Use For Adjustment of Previous
Tolerance Recommendation’’ by going
to https://www.regulations.gov. The
referenced document is available in the
docket established by this action, which
is described under ADDRESSES, and is
identified as EPA–HQ–OPP–2008–0003
in that docket. Locate and click on the
hyperlink for docket ID number EPA–
HQ–OPP–2008–0003. Double-click on
the document to view the referenced
information of page 2 of 8.
Since EPA calculated a time-limited
tolerance of 11.0 ppm for Belgian endive
in the May 30, 2007 amendment, the
establishment of this time-limited
tolerance will not change the estimated
aggregate risks resulting from use of
pyraclostrobin as discussed in the final
rule published in the Federal Register
on September 26, 2007. Refer to this
Federal Register document available at
https://www.regulations.gov for a more
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Federal Register / Vol. 73, No. 79 / Wednesday, April 23, 2008 / Rules and Regulations
detailed discussion of the aggregate risk
assessments and determination of
safety. EPA relies upon those risk
assessments and the findings made in
the Federal Register document in
support of this action as well as the
amendment dated May 30, 2007
referenced in Unit. IV. Refer to docket
ID number EPA–HQ–OPP–2008–0003 at
https://www.regulations.gov for a
detailed review of this document.
Based on the risk assessments
discussed in the final rule published in
the Federal Register on September 26,
2007, (72 FR 54564, FRL–8148–6), and
the document ‘‘Pyraclostrobin.
Amendment. Petition for Tolerance on
Belgian endive. Additional Discussion
of Residue Data and Its Use For
Adjustment of Previous Tolerance
Recommendation,’’ EPA concludes that
there is reasonable certainty that no
harm will result to the general
population and to infants and children
from aggregate exposure to the
combined residues of pyraclostrobin.
V. Other Considerations
A. Analytical Enforcement Methodology
Adequate enforcement methodology
(a liquid chromatography/mass
spectrometry (LC/MS/MS) method
(BASF Method D9808), and a high
performance liquid chromatography/
ultraviolet (HPLC/UV) method (BASF
Method D9904)) is available to enforce
the tolerance expression. The methods
may be requested from: Chief,
Analytical Chemistry Branch,
Environmental Science Center, 701
Mapes Rd., Ft. Meade, MD 20755–5350;
telephone number: (410) 305–2905; email address: residuemethods@epa.gov.
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B. International Residue Limits
There are no established or proposed
Codex Maximum Residue Limits (MRLs)
for pyraclostrobin. There are no
Canadian or Mexican MRLs established
for Belgian endive.
VI. Conclusion
Therefore, a time-limited tolerance is
established for combined residues of
pyraclostrobin, (carbamic acid, [2-[[[1(4-chlorophenyl)-1H-pyrazol-3yl]oxy]methyl] phenyl]methoxy-,
methyl ester) and its desmethoxy
metabolite (methyl-N-[[[1-(4chlorophenyl) pyrazol-3-yl]oxy]otolyl]carbamate), expressed as parent
compound, in or on endive, Belgian at
11.0 ppm. This tolerance expires and is
revoked on December 31, 2009.
VII. Statutory and Executive Order
Reviews
This final rule establishes tolerances
under sections 408(e) and 408(l)(6) of
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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).
Since tolerances and exemptions that
are established in accordance with
sections 408(e) and 408(l)(6) 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 9, 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
PO 00000
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Sfmt 4700
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).
VIII. 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: April 7, 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]
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 180.582 is amended by
alphabetically adding text to paragraph
(b) after the paragraph heading to read
as follows:
I
§ 180.582 Pyraclostrobin; tolerances for
residues.
*
*
*
*
*
(b)* * * A time-limited tolerance is
established for combined residues of the
fungicide pyraclostrobin, (carbamic
acid, [2-[[[1-(4-chlorophenyl)-1Hpyrazol-3-yl]oxy]methyl]
phenyl]methoxy-, methyl ester) and its
desmethoxy metabolite (methyl-N-[[[1(4-chlorophenyl) pyrazol-3-yl]oxy]otolyl]carbamate) in connection with use
of the pesticide under section 18
emergency exemptions granted by EPA.
The time-limited tolerance will expire
and is revoked on the date specified in
the following table.
E:\FR\FM\23APR1.SGM
23APR1
Federal Register / Vol. 73, No. 79 / Wednesday, April 23, 2008 / Rules and Regulations
Commodity
*
*
*
*
Register. Since EPA did receive adverse
comments, EPA is withdrawing the
immediate final rule. EPA will address
all comments in a subsequent final
action based on the proposed rule
previously published on March 7, 2008,
at 73 FR 12340. EPA will not provide for
additional public comment during the
final action.
*
[FR Doc. E8–8675 Filed 4–22–08; 8:45 am]
BILLING CODE 6560–50–S
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 271
[EPA–R08–RCRA–2006–0127; FRL–8556–7]
Utah: Final Authorization of State
Hazardous Waste Management
Program Revisions
Dated: April 15, 2008.
Robert E. Roberts,
Regional Administrator, Region 8.
[FR Doc. E8–8799 Filed 4–22–08; 8:45 am]
BILLING CODE 6560–50–P
Environmental Protection
Agency (EPA).
ACTION: Withdrawal of immediate final
rule.
mstockstill on PROD1PC66 with RULES
AGENCY:
SUMMARY: EPA is withdrawing the
immediate final rule, Utah: Final
Authorization of State Hazardous Waste
Management Program Revisions,
published on March 7, 2008 at 73 FR
12277, which authorized revisions to
Utah’s hazardous waste program under
the Resource Conservation and
Recovery Act (RCRA). EPA stated in the
immediate final rule that if EPA
received comments that oppose this
authorization, EPA would publish a
timely notice of withdrawal in the
Federal Register. Since EPA did receive
comments that oppose this action, EPA
is withdrawing the immediate final rule.
EPA will address these comments in a
subsequent final action based on the
proposed rule also published on March
7, 2008, at 73 FR 12340.
DATES: As of April 23, 2008, EPA
withdraws the immediate final rule
published on March 7, 2008, at 73 FR
12277.
FOR FURTHER INFORMATION CONTACT: Carl
Daly, Solid and Hazardous Waste
Program, U.S. Environmental Protection
Agency, Region 8, 1595 Wynkoop
Street, Denver, Colorado 80202, (303)
312–6416, daly.carl@epa.gov.
SUPPLEMENTARY INFORMATION: EPA is
withdrawing the immediate final rule,
Utah: Final Authorization of State
Hazardous Waste Management Program
Revisions, published on March 7, 2008,
at 73 FR 12277, which intended to grant
authorization for revisions to Utah’s
hazardous waste program. EPA stated in
the immediate final rule that if EPA
received comments that opposed this
action, EPA would publish a timely
notice of withdrawal in the Federal
VerDate Aug<31>2005
15:54 Apr 22, 2008
Jkt 214001
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 64
[CG Docket No. 03–123; DA 08–312]
Telecommunications Relay Services
and Speech-to-Speech Services for
Individuals with Hearing and Speech
Disabilities; Request for Stay Pending
Judicial Review
Federal Communications
Commission.
ACTION: Final rule; stay of effectiveness.
AGENCY:
SUMMARY: In this document, the
Consumer and Governmental Affairs
Bureau (Bureau) grants a request to stay
the effectiveness of paragraphs 95 and
96 of the 2007 TRS Cost Recovery
Declaratory Ruling, which restrict
telecommunications relay service (TRS)
providers from using consumer or call
databases to contact TRS users. Because
these paragraphs have been challenged
in the Court of Appeals, a stay is
appropriate pending review of the
argument that these paragraphs violate
the First Amendment rights of
providers.
DATES: Paragraphs 95 and 96 of the 2007
TRS Cost Recovery Declaratory Ruling,
as summarized in paragraph 24,
published at 73 FR 3197, January 17,
2008, are stayed for 90 days, starting
February 7, 2008.
ADDRESSES: Federal Communications
Commission, 445 12th Street, SW.,
Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT:
Thomas Chandler, Consumer and
Governmental Affairs Bureau, Disability
Rights Office at (202) 418–1475 (voice),
(202) 418–0597 (TTY), or e-mail at
Thomas.Chandler@fcc.gov.
PO 00000
Expiration/revocation
date
Parts per million
Endive, Belgian ........................................................................................................................
Frm 00037
Fmt 4700
Sfmt 4700
21843
11.0
12/31/09
This is a
summary of the Bureau’s Order, DA 08–
312, Telecommunications Relay
Services and Speech-to-Speech Services
for Individuals with Hearing and Speech
Disabilities; Request for Stay Pending
Judicial Review, CG Docket No. 03–123,
Order, 23 FCC Rcd 1705 (CGB 2008),
adopted and released February 7, 2008.
The full text of DA 08–312 and copies
of any subsequently filed documents in
this matter will be available for public
inspection and copying during regular
business hours at the FCC Reference
Information Center, Portals II, 445 12th
Street, SW., Room CY–A257,
Washington, DC 20554. DA 08–312 and
copies of subsequently filed documents
in this matter also may be purchased
from the Commission’s duplicating
contractor at Portals II, 445 12th Street,
SW., Room CY–B402, Washington, DC
20554. Customers may contact the
Commission’s duplicating contractor at
its Web site www.bcpiweb.com or by
calling 1–800–378–3160.
To request materials in accessible
formats for people with disabilities
(Braille, large print, electronic files,
audio format), send an e-mail to
fcc504@fcc.gov or call the Consumer
and Governmental Affairs Bureau at
(202) 418–0530 (voice) or (202) 418–
0432 (TTY). DA 08–312 also can be
downloaded in Word or Portable
Document Format (PDF) at: https://
www.fcc.gov/cgb/dro/trs.html#orders.
SUPPLEMENTARY INFORMATION:
Synopsis
1. On November 19, 2007, the
Commission released
Telecommunications Relay Services and
Speech-to-Speech Services for
Individuals with Hearing and Speech
Disabilities, CG Docket No. 03–123,
Report and Order and Declaratory
Ruling, 22 FCC Rcd 20140 (2007) (2007
TRS Cost Recovery Declaratory Ruling),
published at 73 FR 3197, January 17,
2008, which, among other things,
prohibits providers from using a
consumer or call database to contact
TRS users ‘‘for lobbying or any other
purpose,’’ and prohibits providers from
using a consumer or call database to
‘‘contact TRS users or to in any way
attempt to affect or influence, directly or
indirectly, their use of relay service.’’
2007 TRS Cost Recovery Declaratory
Ruling, 22 FCC Rcd at 20176, paras. 95–
96. On January 16, 2008, Sorenson
Communications, Inc. (Sorenson) filed a
Petition for Review in the United States
E:\FR\FM\23APR1.SGM
23APR1
]]>Agencies
[Federal Register Volume 73, Number 79 (Wednesday, April 23, 2008)]
[Rules and Regulations]
[Pages 21839-21843]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-8675]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[EPA-HQ-OPP-2008-0003; FRL-8359-7]
Pyraclostrobin; Pesticide Tolerance for Emergency Exemptions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This regulation establishes a time-limited tolerance for
combined residues of the fungicide pyraclostrobin (carbamic acid, [2-
[[[1-(4-chlorophenyl)-1H-pyrazol-3-yl]oxy]methyl]phenyl]methoxy-,
methyl ester) and its desmethoxy metabolite (methyl-N-[[[1-(4-
chlorophenyl) pyrazol-3-yl]oxy]o-tolyl]carbamate), expressed as parent
compound, in or on Belgian endive. This action is in response to EPA's
granting of an emergency exemption under section 18 of the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA) authorizing post
harvest use of the pesticide on endive, Belgian to control the fungal
pathogen, Sclerotinia sclerotiorum. This regulation establishes a
maximum permissible level for residues of pyraclostrobin in this food
commodity. The time-limited tolerance expires and is revoked on
December 31, 2009.
DATES: This regulation is effective April 23, 2008. Objections and
requests for hearings must be received on or before June 23, 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-2008-0003. 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
[[Page 21840]]
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: Stacey Groce, Registration Division
(7505P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone
number: (703) 305-2505; e-mail address: groce.stacey@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 Federal Food, Drug, and Cosmetic Act
(FFDCA), as amended by the Food Quality Protection Act of 1996 (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-2008-0003 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 June 23, 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-2008-0003, 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, on its own initiative, in accordance with sections 408(e) and
408(l)(6) of FFDCA, 21 U.S.C. 346a(e) and 346a(1)(6), is establishing a
time-limited tolerance for combined residues of the fungicide,
pyraclostrobin, in or on endive, Belgian at 11.0 parts per million
(ppm). This time-limited tolerance expires and is revoked on December
31, 2009. EPA will publish a document in the Federal Register to remove
the revoked tolerance from the CFR.
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 section 18
of FIFRA. Such tolerances can be established without providing notice
or period for public comment. EPA does not intend for its actions on
section 18 related time-limited tolerances to set binding precedents
for the application of section 408 of FFDCA and the new safety standard
to other tolerances and exemptions. Section 408(e) of FFDCA allows EPA
to establish a tolerance or an exemption from the requirement of a
tolerance on its own initiative, i.e., without having received any
petition from an outside party.
Section 408(b)(2)(A)(i) of FFDCA allows EPA to establish a time-
limited tolerance (the legal limit for a pesticide chemical residue in
or on a food) only if EPA determines that the tolerance is ``safe.''
Section 408(b)(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.'' This includes exposure through drinking water and in
residential settings, but does not include occupational exposure.
Section 408(b)(2)(C) of FFDCA requires EPA to give special
consideration to exposure of infants and children to the pesticide
chemical residue in establishing a tolerance and to ``ensure that there
is a reasonable certainty that no harm will result to infants and
children from aggregate exposure to the pesticide chemical residue. . .
.''
Section 18 of FIFRA authorizes EPA to exempt any Federal or State
agency from any provision of FIFRA, if EPA determines that ``emergency
conditions exist which require such exemption.'' EPA has established
regulations governing such emergency exemptions in 40 CFR part 166.
III. Emergency Exemption for Pyraclostrobin on Endive, Belgian and
FFDCA Tolerances
The California Environmental Protection Agency, Department of
Pesticide Regulation, utilized the crisis
[[Page 21841]]
provision under section 18 of FIFRA for emergency use of pyraclostrobin
as a post harvest treatment on chicory roots to control fungal growth
of Sclerotinia sclerotiorum during cold storage. According to the
applicant, portions of the dormant roots are periodically removed from
cold storage and propagated in sheds within a controlled environment in
order to stimulate bud development. These edible buds are known as
Belgian endives, and are marketed. Based on information provided in the
submission, an emergency situation exists because the pathogen,
Sclerotinia sclerotiorum, resides in field soils and can grow on the
chicory root during cold storage, which makes the produce unmarketable.
The state's application asserts there are currently no other fungicides
registered for the post harvest treatment of chicory root to control
fungal growth. Further, the State claims that good agricultural
practices are not sufficient to suppress this fungal pathogen. EPA has
authorized a crisis exemption for the California Department of
Pesticide Regulation under FIFRA section 18 for the use of
pyraclostrobin on endive, Belgian for control of Sclerotinia
sclerotiorum. The crisis exemption program ended on January 31, 2008.
As part of its evaluation of the emergency exemption application,
EPA assessed the potential risks presented by residues of
pyraclostrobin in or on endive, Belgian. In doing so, EPA considered
the safety standard in section 408(b)(2) of FFDCA, and EPA decided that
the necessary time-limited tolerance under section 408(l)(6) of FFDCA
would be consistent with the safety standard and with FIFRA section 18.
Consistent with the need to move quickly on the emergency exemption in
order to address an urgent non-routine situation and to ensure that the
resulting food is safe and lawful, EPA is issuing this time-limited
tolerance without notice and opportunity for public comment as provided
in section 408(l)(6) of FFDCA. Although this time-limited tolerance
expires and is revoked on December 31, 2009, under section 408(l)(5) of
FFDCA, residues of the pesticide not in excess of the amounts specified
in the tolerance remaining in or on endive, Belgian after that date
will not be unlawful, provided the pesticide was applied in a manner
that was lawful under FIFRA, and the residues do not exceed a level
that was authorized by these time-limited tolerances at the time of
that application. EPA will take action to revoke this time-limited
tolerance earlier if any experience with, scientific data on, or other
relevant information on this pesticide indicate that the residues are
not safe.
Because this time-limited tolerance is being approved under
emergency conditions, EPA has not made any final decisions about
whether pyraclostrobin meets FIFRA's registration requirements for use
on endive, Belgian or whether a permanent tolerance for this use would
be appropriate. Under these circumstances, EPA does not believe that
this time-limited tolerance decision serves as a basis for registration
of pyraclostrobin by a State for special local needs under FIFRA
section 24(c). Nor does this time-limited tolerance serve as the basis
for persons in any State other than California to use this pesticide on
this crop under FIFRA section 18 absent the issuance of an emergency
exemption applicable within that State. For additional information
regarding the emergency exemption for pyraclostrobin, contact the
Agency's Registration Division at the address provided under FOR
FURTHER INFORMATION CONTACT.
IV. Aggregate Risk Assessment and Determination of Safety
Section 408(b)(2)(A)(i) of FFDCA allows EPA to establish a time-
limited tolerance (the legal limit for a pesticide chemical residue in
or on a food) only if EPA determines that the tolerance is ``safe.''
Section 408(b)(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.'' This includes exposure through drinking water and in
residential settings, but does not include occupational exposure.
Section 408(b)(2)(C) of FFDCA requires EPA to give special
consideration to exposure of infants and children to the pesticide
chemical residue in establishing a tolerance and to ``ensure that there
is a reasonable certainty that no harm will result to infants and
children from aggregate exposure to the pesticide chemical residue. . .
.''
EPA performs a number of analyses to determine the risks from
aggregate exposure to pesticide residues. For further discussion of the
regulatory requirements of section 408 of FFDCA and a complete
description of the risk assessment process, see http:www.epa.gov/
fedrgstr/EPA-PEST/1997/November/Day-26/p30948.htm.
Consistent with the factors specified in section 408(b)(2)(D) of
FFDCA, EPA has reviewed the available scientific data and other
relevant information in support of this action. EPA has sufficient data
to assess the hazards of and to make a determination on aggregate
exposure expected as a result of this emergency exemption request and
the time-limited tolerance for combined residues of pyraclostrobin on
endive, Belgian at 11.0 ppm. EPA's assessment of exposures and risks
associated with establishing a time-limited tolerance follows.
In the Federal Register of September 26, 2007 (72 FR 54564, FRL-
8148-6), EPA published a final rule establishing tolerances for the
combined residues of pyraclostrobin and its desmethoxy metabolite in or
on berry, group 13; cotton, undelinted seed; and cotton, gin
byproducts. When the Agency conducted the risk assessments in support
of the above referenced tolerance action, EPA also assessed data
submitted in the California Department of Environmental Protection
emergency exemption request from trials that used backpack sprayers in
both pre-cold storage and pre-forcing trays. This assessment determined
that the backpack sprayer trials reflected the worse-case scenario and
that the Agency could support the section 18 request and grant a time-
limited tolerance of 11 ppm on Belgian endive.
This time-limited tolerance is expected to adequately cover any
pyraclostrobin residues using the backpack sprayer application method.
The values for combined pyraclostrobin residues were used to calculate
the appropriate tolerance for Belgian endive. A detailed summary of
this evaluation can be found in the document dated May 30, 2007
entitled, ``Pyraclostrobin. Amendment. Petition for Tolerance on
Belgian endive. Additional Discussion of Residue Data and Its Use For
Adjustment of Previous Tolerance Recommendation'' by going to https://
www.regulations.gov. The referenced document is available in the docket
established by this action, which is described under ADDRESSES, and is
identified as EPA-HQ-OPP-2008-0003 in that docket. Locate and click on
the hyperlink for docket ID number EPA-HQ-OPP-2008-0003. Double-click
on the document to view the referenced information of page 2 of 8.
Since EPA calculated a time-limited tolerance of 11.0 ppm for
Belgian endive in the May 30, 2007 amendment, the establishment of this
time-limited tolerance will not change the estimated aggregate risks
resulting from use of pyraclostrobin as discussed in the final rule
published in the Federal Register on September 26, 2007. Refer to this
Federal Register document available at https://www.regulations.gov for a
more
[[Page 21842]]
detailed discussion of the aggregate risk assessments and determination
of safety. EPA relies upon those risk assessments and the findings made
in the Federal Register document in support of this action as well as
the amendment dated May 30, 2007 referenced in Unit. IV. Refer to
docket ID number EPA-HQ-OPP-2008-0003 at https://www.regulations.gov for
a detailed review of this document.
Based on the risk assessments discussed in the final rule published
in the Federal Register on September 26, 2007, (72 FR 54564, FRL-8148-
6), and the document ``Pyraclostrobin. Amendment. Petition for
Tolerance on Belgian endive. Additional Discussion of Residue Data and
Its Use For Adjustment of Previous Tolerance Recommendation,'' EPA
concludes that there is reasonable certainty that no harm will result
to the general population and to infants and children from aggregate
exposure to the combined residues of pyraclostrobin.
V. Other Considerations
A. Analytical Enforcement Methodology
Adequate enforcement methodology (a liquid chromatography/mass
spectrometry (LC/MS/MS) method (BASF Method D9808), and a high
performance liquid chromatography/ultraviolet (HPLC/UV) method (BASF
Method D9904)) is available to enforce the tolerance expression. The
methods may be requested from: Chief, Analytical Chemistry Branch,
Environmental Science Center, 701 Mapes Rd., Ft. Meade, MD 20755-5350;
telephone number: (410) 305-2905; e-mail address:
residuemethods@epa.gov.
B. International Residue Limits
There are no established or proposed Codex Maximum Residue Limits
(MRLs) for pyraclostrobin. There are no Canadian or Mexican MRLs
established for Belgian endive.
VI. Conclusion
Therefore, a time-limited tolerance is established for combined
residues of pyraclostrobin, (carbamic acid, [2-[[[1-(4-chlorophenyl)-
1H-pyrazol-3-yl]oxy]methyl] phenyl]methoxy-, methyl ester) and its
desmethoxy metabolite (methyl-N-[[[1-(4-chlorophenyl) pyrazol-3-
yl]oxy]o-tolyl]carbamate), expressed as parent compound, in or on
endive, Belgian at 11.0 ppm. This tolerance expires and is revoked on
December 31, 2009.
VII. Statutory and Executive Order Reviews
This final rule establishes tolerances under sections 408(e) and
408(l)(6) 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).
Since tolerances and exemptions that are established in accordance
with sections 408(e) and 408(l)(6) 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 9, 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).
VIII. 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: April 7, 2008.
Donald R. Stubbs,
Acting Director, Registration Division, Office of Pesticide Programs.
0
Therefore, 40 CFR chapter I is amended as follows:
PART 180--[AMENDED]
0
1. The authority citation for part 180 continues to read as follows:
Authority: 21 U.S.C. 321(q), 346a and 371.
0
2. Section 180.582 is amended by alphabetically adding text to
paragraph (b) after the paragraph heading to read as follows:
Sec. 180.582 Pyraclostrobin; tolerances for residues.
* * * * *
(b)* * * A time-limited tolerance is established for combined
residues of the fungicide pyraclostrobin, (carbamic acid, [2-[[[1-(4-
chlorophenyl)-1H-pyrazol-3-yl]oxy]methyl] phenyl]methoxy-, methyl
ester) and its desmethoxy metabolite (methyl-N-[[[1-(4-chlorophenyl)
pyrazol-3-yl]oxy]o-tolyl]carbamate) in connection with use of the
pesticide under section 18 emergency exemptions granted by EPA. The
time-limited tolerance will expire and is revoked on the date specified
in the following table.
[[Page 21843]]
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Expiration/revocation
Commodity Parts per million date
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Endive, Belgian............................................... 11.0 12/31/09
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* * * * *
[FR Doc. E8-8675 Filed 4-22-08; 8:45 am]
BILLING CODE 6560-50-S
