1-Methylcyclopropene; Pesticide Tolerance; Technical Correction, 44156-44157 [E8-17478]
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44156
Federal Register / Vol. 73, No. 147 / Wednesday, July 30, 2008 / Rules and Regulations
40 CFR Part 180
notice of filing on August 8, 2007 (72 FR
44520) (FRL–8138–9).
DATES: This final rule is effective July
30, 2008.
ADDRESSES: EPA has established a
docket for this action under docket
identification (ID) number EPA–HQ–
OPP–2008–0511. To access the
electronic docket, go to https://
www.regulations.gov, select ‘‘Advanced
Search,’’ then ‘‘Docket Search.’’ Insert
the docket ID number where indicated
and select the ‘‘Submit’’ button. Follow
the instructions on the regulations.gov
website to view the docket index or
access available documents. All
documents in the docket are listed in
the docket index available in
regulations.gov. Although listed in the
index, some information is not publicly
available, e.g., Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available 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:
Driss Benmhend, Biopesticides and
Pollution Prevention Division (7511P),
Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460–0001; telephone number:
(703) 308–9525; e-mail address:
benmhend.driss@epa.gov.
[EPA–HQ–OPP–2008–0511; FRL–8372–9]
SUPPLEMENTARY INFORMATION:
postpone the effectiveness of such rule
or action. This action may not be
challenged later in proceedings to
enforce its requirements (see section
307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements.
Dated: June 30, 2008.
Laura Yoshii,
Acting Regional Administrator, Region IX.
Part 52, chapter I, title 40 of the Code
of Federal Regulations is amended as
follows:
I
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
I
Authority: 42 U.S.C. 7401 et seq.
Subpart F—California
2. Section 52.220 is amended by
adding paragraph (c)(344)(i)(D) to read
as follows:
I
§ 52.220
Identification of plan.
*
*
*
*
*
(c) * * *
(344) * * *
(i) * * *
(D) Ventura County Air Pollution
Control District.
(1) Rule 74.9, Stationary Internal
Combustion Engines, adopted on
November 8, 2005.
*
*
*
*
*
[FR Doc. E8–17471 Filed 7–29–08; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
1-Methylcyclopropene; Pesticide
Tolerance; Technical Correction
I. General Information
Environmental Protection
Agency (EPA).
ACTION: Final rule; technical correction.
The Agency included in the final rule
a list of those who may be potentially
affected by the action. If you have
questions regarding the applicability of
this action to a particular entity, consult
the person listed under the FOR FURTHER
INFORMATION CONTACT.
A. Does this Action Apply to Me?
rwilkins on PROD1PC63 with RULES
AGENCY:
SUMMARY: EPA issued a final rule in the
Federal Register of April 9, 2008 (73 FR
19147) (FRL–8357–5), concerning 1methylcyclopropene (1-MCP);
amendment to an exemption from the
requirement of a tolerance. This
document is being issued to correct a
technical error, specifically the
omission of addressing the comments
received after the publication of the
VerDate Aug<31>2005
16:51 Jul 29, 2008
Jkt 214001
B. How Can I Access Electronic Copies
of this Document and Other Related
Information?
In addition to using regulations.gov,
you may access this Federal Register
document electronically through the
PO 00000
Frm 00020
Fmt 4700
Sfmt 4700
EPA Internet under the ‘‘Federal
Register’’ listings at https://
www.epa.gov/fedrgstr.
II. What Does this Correction Do?
The final rule, identified as FR Doc.
E8–7458 that was published in the
Federal Register of April 9, 2008 (73 FR
19147) (FRL–8357–5) is corrected as
follows:
On page 19148, under ‘‘II.
BACKGROUND AND STATUTORY FINDINGS’’,
the last sentence of paragraph one,
‘‘There were no comments received in
response to the notice of filing’’, is
corrected to read as follows:
After the publication of the notice of
filling, the following comments were
received and reviewed by the Agency:
The first set of comments raised
concerns that the Agency may not have
completely assessed the safety of the
active ingredient for its new outdoor
use, especially with regard to its fate
and behavior in the outdoor
environment. The second set of
comments addressed the potential
negative effects on human health as a
result of the new use of 1-MCP for preharvest treatments on fruits and
vegetables.
The active ingredient, 1methylcyclopropene, has been
completely assessed by the Agency for
its potential for adverse environmental
effects, particularly in regard to nontarget organisms, including threatened
and endangered species. Its effects on
the environment (if any) are directly
related to its mode of action as an
ethylene inhibitor in plants. Animals
have no ethylene receptors and,
therefore, it is highly unlikely that 1MCP would have any adverse effects on
animals. Furthermore, the product is
applied at extremely low rates. The
maximum use rate permitted on the
product label is approximately 0.28 lbs
(121.4 g) of 1-MCP/acre.
1-MCP is a volatile gas. When
dissolved in water and applied to field
crops and orchards, 1-MCP will rapidly
volatilize from plant and soil surfaces
and its effects will be confined to the
plant tissues to which it has been
directly applied. Once in the
atmosphere, it will be rapidly diluted
and degraded by sunlight and reaction
with hydroxyl molecules within
approximately 6.4 hours master record
identification number ((MRIDs) 471082–
06 & 471082–07). A study by the
European Food and Safety Authority
concurs with EPA’s conclusion, and has
estimated an atmospheric half-life of 1MCP to be about 4.4 hours (EFSA,
2005).
A study on soil leaching (MRID
47108204) demonstrated that more than
E:\FR\FM\30JYR1.SGM
30JYR1
Federal Register / Vol. 73, No. 147 / Wednesday, July 30, 2008 / Rules and Regulations
rwilkins on PROD1PC63 with RULES
97% of applied 1-MCP was bound
rapidly and tightly to the surfaces of
four different soil types, and that no 1MCP was detected in the soil leachates.
This study indicates that 1-MCP has
extremely low mobility in the soil and
that it is highly unlikely that it will
move into ground water. Modeling of
potential runoff into surface waters
using the generic expected
environmental concentration (GENEEC)
2, shows that the maximum potential
concentration of 1-MCP in surface
waters following runoff would not
exceed approximately 25 ppb.
With regard to the potential exposure
and effects on human health as a result
of the newly approved usage of 1-MCP
in pre-harvest treatments, the applicant
submitted extensive guideline animal
studies. These studies were conducted
using doses much greater than any
measured or estimated environmental
concentration of 1-MCP following
applications at the maximum allowable
label rate. EPA reviews of these studies
concluded that 1-MCP has no adverse
effects on any animal organism tested.
These reviews are discussed in detail in
the April 9, 2008 Federal Register
document (73 FR 19147).
Furthermore, based on the nature of
residue studies (D339988, MRIDs
47088611–12 & 47108203, field residue
studies demonstrate that environmental
concentrations of 1-MCP will be
extremely low following applications at
the maximum allowable product label
use rate. When the product was applied
to apple trees at the maximum product
label use rate 0.28 lbs (121.4 g) 1-MCP/
acre, 1-MCP residues ranged from 3 to
4 parts per billion (ppb) on apple fruits,
at 3 to 7 days post-treatment; 212 to 379
ppb on apple leaves at 3 to 30 days posttreatment; and 17 ppb in the upper 2
centimeter of soil below the tree at 1 day
post-treatment
The Agency does not expect any
human health concerns or negative
effect on non-target organisms including
endangered species, from exposure to
residues of 1-MCP when applied or used
as directed on the label and in
accordance with good agricultural
practices.
III. Why is this Correction Issued as a
Final Rule?
Section 553 of the Administrative
Procedure Act (APA), 5 U.S.C.
553(b)(B), provides that, when an
Agency for good cause finds that notice
and public procedure are impracticable,
unnecessary or contrary to the public
interest, the Agency may issue a final
rule without providing notice and an
opportunity for public comment. EPA
has determined that there is good cause
VerDate Aug<31>2005
16:51 Jul 29, 2008
Jkt 214001
for making today’s technical correction
final without prior proposal and
opportunity for comment, because EPA
is merely responding to comments that
were not addressed in the previously
published final rule. The comments
received and reviewed do not affect
EPA’s decision for establishing an
amendment to the tolerance exemption
for the use 1-MCP for pre-harvest
treatment. EPA finds that this
constitutes good cause under 5 U.S.C.
553(b)(B).
IV. Do Any of the Statutory and
Executive Order Reviews Apply to this
Action?
No. The applicable statutory and
Executive order reviews were included
in the April 8, 2008 Federal Register
document. This document is a technical
correction and as such no new reviews
are applicable.
V. Congressional Review Act
The Congressional Review Act, 5
U.S.C. 801 et seq., generally provides
that before a rule may take effect, the
Agency promulgating the rule must
submit a rule report to each House of
the Congress and to the Comptroller
General of the United States. EPA will
submit a report containing this rule and
other required information to the U.S.
Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of this final rule in the
Federal Register. This final rule is not
a ‘‘major rule’’ as defined by 5 U.S.C.
804(2).
List of Subjects in 40 CFR Part 180
Environmental protection,
Administrative practice and procedure,
Agricultural commodities, Pesticides
and pests, Reporting and Recordkeeping
Requirements.
Dated: July 23, 2008.
Janet L. Andersen,
Director, Biopesticides and Pollution
Prevention Division, Office of Pesticide
Programs.
[FR Doc. E8–17478 Filed 7–29–08; 8:45 am]
BILLING CODE 6560–50–S
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2006–0234; FRL–8370–8]
Gentamicin; Pesticide Tolerance for
Emergency Exemptions
Environmental Protection
Agency (EPA).
AGENCY:
PO 00000
Frm 00021
Fmt 4700
Sfmt 4700
ACTION:
44157
Final rule.
SUMMARY: This regulation establishes a
time-limited tolerance for residues of
gentamicin in or on apples. 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 use of the pesticide on
apples. This regulation establishes a
maximum permissible level for residues
of gentamicin in this food commodity.
The time-limited tolerance expires and
is revoked on December 31, 2010.
DATES: This regulation is effective July
30, 2008. Objections and requests for
hearings must be received on or before
September 29, 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–2006–0234. To access the
electronic docket, go to https://
www.regulations.gov, select ‘‘Advanced
Search,’’ then ‘‘Docket Search.’’ Insert
the docket ID number where indicated
and select the ‘‘Submit’’ button. Follow
the instructions on the regulations.gov
website to view the docket index or
access available documents. All
documents in the docket are listed in
the docket index available in
regulations.gov. Although listed in the
index, some information is not publicly
available, e.g., Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available 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:
Andrew Ertman, Registration Division
(7505P), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460–0001; telephone number:
(703) 308–9367; e-mail address:
ertman.andrew@epa.gov.
SUPPLEMENTARY INFORMATION:
E:\FR\FM\30JYR1.SGM
30JYR1
]]>Agencies
[Federal Register Volume 73, Number 147 (Wednesday, July 30, 2008)]
[Rules and Regulations]
[Pages 44156-44157]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-17478]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[EPA-HQ-OPP-2008-0511; FRL-8372-9]
1-Methylcyclopropene; Pesticide Tolerance; Technical Correction
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; technical correction.
-----------------------------------------------------------------------
SUMMARY: EPA issued a final rule in the Federal Register of April 9,
2008 (73 FR 19147) (FRL-8357-5), concerning 1-methylcyclopropene (1-
MCP); amendment to an exemption from the requirement of a tolerance.
This document is being issued to correct a technical error,
specifically the omission of addressing the comments received after the
publication of the notice of filing on August 8, 2007 (72 FR 44520)
(FRL-8138-9).
DATES: This final rule is effective July 30, 2008.
ADDRESSES: EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPP-2008-0511. To access the
electronic docket, go to https://www.regulations.gov, select ``Advanced
Search,'' then ``Docket Search.'' Insert the docket ID number where
indicated and select the ``Submit'' button. Follow the instructions on
the regulations.gov website to view the docket index or access
available documents. All documents in the docket are listed in the
docket index available in regulations.gov. Although listed in the
index, some information is not publicly available, e.g., Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available 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: Driss Benmhend, Biopesticides and
Pollution Prevention Division (7511P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (703) 308-9525; e-mail
address: benmhend.driss@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this Action Apply to Me?
The Agency included in the final rule a list of those who may be
potentially affected by the action. If you have questions regarding the
applicability of this action to a particular entity, consult the person
listed under the FOR FURTHER INFORMATION CONTACT.
B. How Can I Access Electronic Copies of this Document and Other
Related Information?
In addition to using 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.
II. What Does this Correction Do?
The final rule, identified as FR Doc. E8-7458 that was published in
the Federal Register of April 9, 2008 (73 FR 19147) (FRL-8357-5) is
corrected as follows:
On page 19148, under ``II. Background and Statutory Findings'', the
last sentence of paragraph one, ``There were no comments received in
response to the notice of filing'', is corrected to read as follows:
After the publication of the notice of filling, the following
comments were received and reviewed by the Agency:
The first set of comments raised concerns that the Agency may not
have completely assessed the safety of the active ingredient for its
new outdoor use, especially with regard to its fate and behavior in the
outdoor environment. The second set of comments addressed the potential
negative effects on human health as a result of the new use of 1-MCP
for pre-harvest treatments on fruits and vegetables.
The active ingredient, 1-methylcyclopropene, has been completely
assessed by the Agency for its potential for adverse environmental
effects, particularly in regard to non-target organisms, including
threatened and endangered species. Its effects on the environment (if
any) are directly related to its mode of action as an ethylene
inhibitor in plants. Animals have no ethylene receptors and, therefore,
it is highly unlikely that 1-MCP would have any adverse effects on
animals. Furthermore, the product is applied at extremely low rates.
The maximum use rate permitted on the product label is approximately
0.28 lbs (121.4 g) of 1-MCP/acre.
1-MCP is a volatile gas. When dissolved in water and applied to
field crops and orchards, 1-MCP will rapidly volatilize from plant and
soil surfaces and its effects will be confined to the plant tissues to
which it has been directly applied. Once in the atmosphere, it will be
rapidly diluted and degraded by sunlight and reaction with hydroxyl
molecules within approximately 6.4 hours master record identification
number ((MRIDs) 471082-06 & 471082-07). A study by the European Food
and Safety Authority concurs with EPA's conclusion, and has estimated
an atmospheric half-life of 1-MCP to be about 4.4 hours (EFSA, 2005).
A study on soil leaching (MRID 47108204) demonstrated that more
than
[[Page 44157]]
97% of applied 1-MCP was bound rapidly and tightly to the surfaces of
four different soil types, and that no 1-MCP was detected in the soil
leachates. This study indicates that 1-MCP has extremely low mobility
in the soil and that it is highly unlikely that it will move into
ground water. Modeling of potential runoff into surface waters using
the generic expected environmental concentration (GENEEC) 2, shows that
the maximum potential concentration of 1-MCP in surface waters
following runoff would not exceed approximately 25 ppb.
With regard to the potential exposure and effects on human health
as a result of the newly approved usage of 1-MCP in pre-harvest
treatments, the applicant submitted extensive guideline animal studies.
These studies were conducted using doses much greater than any measured
or estimated environmental concentration of 1-MCP following
applications at the maximum allowable label rate. EPA reviews of these
studies concluded that 1-MCP has no adverse effects on any animal
organism tested. These reviews are discussed in detail in the April 9,
2008 Federal Register document (73 FR 19147).
Furthermore, based on the nature of residue studies (D339988, MRIDs
47088611-12 & 47108203, field residue studies demonstrate that
environmental concentrations of 1-MCP will be extremely low following
applications at the maximum allowable product label use rate. When the
product was applied to apple trees at the maximum product label use
rate 0.28 lbs (121.4 g) 1-MCP/acre, 1-MCP residues ranged from 3 to 4
parts per billion (ppb) on apple fruits, at 3 to 7 days post-treatment;
212 to 379 ppb on apple leaves at 3 to 30 days post-treatment; and 17
ppb in the upper 2 centimeter of soil below the tree at 1 day post-
treatment
The Agency does not expect any human health concerns or negative
effect on non-target organisms including endangered species, from
exposure to residues of 1-MCP when applied or used as directed on the
label and in accordance with good agricultural practices.
III. Why is this Correction Issued as a Final Rule?
Section 553 of the Administrative Procedure Act (APA), 5 U.S.C.
553(b)(B), provides that, when an Agency for good cause finds that
notice and public procedure are impracticable, unnecessary or contrary
to the public interest, the Agency may issue a final rule without
providing notice and an opportunity for public comment. EPA has
determined that there is good cause for making today's technical
correction final without prior proposal and opportunity for comment,
because EPA is merely responding to comments that were not addressed in
the previously published final rule. The comments received and reviewed
do not affect EPA's decision for establishing an amendment to the
tolerance exemption for the use 1-MCP for pre-harvest treatment. EPA
finds that this constitutes good cause under 5 U.S.C. 553(b)(B).
IV. Do Any of the Statutory and Executive Order Reviews Apply to this
Action?
No. The applicable statutory and Executive order reviews were
included in the April 8, 2008 Federal Register document. This document
is a technical correction and as such no new reviews are applicable.
V. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., generally
provides that before a rule may take effect, the Agency promulgating
the rule must submit a rule report to each House of the Congress and to
the Comptroller General of the United States. EPA will submit a report
containing this rule and other required information to the U.S. Senate,
the U.S. House of Representatives, and the Comptroller General of the
United States prior to publication of this final rule in the Federal
Register. This final rule is not a ``major rule'' as defined by 5
U.S.C. 804(2).
List of Subjects in 40 CFR Part 180
Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
Recordkeeping Requirements.
Dated: July 23, 2008.
Janet L. Andersen,
Director, Biopesticides and Pollution Prevention Division, Office of
Pesticide Programs.
[FR Doc. E8-17478 Filed 7-29-08; 8:45 am]
BILLING CODE 6560-50-S
