Tebuconazole; Pesticide Tolerances, 51736-51738 [E8-20625]
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51736
Federal Register / Vol. 73, No. 173 / Friday, September 5, 2008 / Rules and Regulations
C. Revisions to Petitioned-For Tolerance
The petitioner proposed a tolerance
for residues of uniconazole-P per se in
or on vegetable, fruiting, group 8.
However, based on the results of plant
metabolism studies, EPA has
determined that the residues of concern
to be included in the tolerance
expression for fruiting vegetables are
uniconazole-P, its R-enantiomer and its
Z-isomer. Therefore, EPA has modified
the tolerance expression to include all
three compounds.
V. Conclusion
Therefore, the tolerance is established
for combined residues of uniconazole-P,
(E)-(S)-1-(4-chlorophenyl)-4,4-dimethyl2-(1H-1,2,4-triazol-1-yl)pent-1-en-3-ol,
its R-enantiomer and its Z-isomer in or
on vegetable, fruiting, group 8 at 0.01
ppm.
hsrobinson on PROD1PC76 with RULES
VI. Statutory and Executive Order
Reviews
This final rule establishes tolerances
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 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
VerDate Aug<31>2005
19:20 Sep 04, 2008
Jkt 214001
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
(NTTAA), Public Law 104–113, section
12(d) (15 U.S.C. 272 note).
Authority: 21 U.S.C. 321(q), 346a and 371.
2. Section 180.643 is added to read as
follows:
I
§ 180.643 Uniconazole; tolerances for
residues.
(a) General. Tolerances are
established for residues of the
fungicide/plant growth regulator
uniconazole-P, (E)-(S)-1-(4chlorophenyl)-4,4-dimethyl-2-(1H-1,2,4triazol-1-yl)pent-1-en-3-ol, its Renantiomer and its Z-isomer in or on the
following raw agricultural commodities:
Commodity
Parts per
million
Vegetable, fruiting, group 8
0.01
(b) Section 18 emergency exemptions.
[Reserved]
(c) Tolerances with regional
registrations. [Reserved]
(d) Indirect or inadvertant residues.
[Reserved]
[FR Doc. E8–20548 Filed 9–4–08; 8:45 am]
BILLING CODE 6560–50–S
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
VII. Congressional Review Act
[EPA–HQ–OPP–2005–0097; FRL–8376–7]
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).
Tebuconazole; Pesticide Tolerances
List of Subjects in 40 CFR Part 180
Environmental protection,
Administrative practice and procedure,
Agricultural commodities, Pesticides
and pests, Reporting and recordkeeping
requirements.
Dated: August 26, 2008.
Debra Edwards,
Director, 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
PO 00000
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Fmt 4700
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Environmental Protection
Agency (EPA).
ACTION: Final rule; final order.
AGENCY:
SUMMARY: This order amends the
pesticide tolerance regulation for
tebuconazole by establishing a tolerance
for pistachios. Pesticide tolerances are
established under the Federal Food,
Drug, and Cosmetic Act (FFDCA). This
order resolves an objection filed by
Bayer CropScience in response to a final
rule on tebuconazole tolerances
published on May 14, 2008.
DATES: This regulation is effective
September 5, 2008.
ADDRESSES: EPA has established a
docket for this action under docket
identification (ID) number EPA–HQ–
OPP–2005–0097. 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
E:\FR\FM\05SER1.SGM
05SER1
Federal Register / Vol. 73, No. 173 / Friday, September 5, 2008 / Rules and Regulations
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:
Tracy Keigwin, Registration Division
(7505P), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460–0001; telephone number:
(703) 305–6605; e-mail address:
keigwin.tracy@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
hsrobinson on PROD1PC76 with RULES
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).
• 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 to provide 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
VerDate Aug<31>2005
19:20 Sep 04, 2008
Jkt 214001
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.
II. Prior Tebuconazole Tolerance
Rulemaking
In the Federal Register of May 14,
2008, (73 FR 27748) (FRL–8364–6), EPA
established tolerances for the residues of
tebuconazole, alpha-[2-(4Chlorophenyl)ethyl]-alpha-(1,1dimethylethyl)-1H-1,2,4-triazole-1ethanol, in or on the food commodities
nut, tree, group 14 at 0.05 ppm; almond,
hulls at 6.0 ppm; barley, grain at 0.15
ppm; barley, hay at 7.0 ppm; barley,
straw at 3.5 ppm; wheat, forage at 3.0
ppm; wheat, grain at 0.05 ppm; wheat,
hay at 7.0 ppm; and wheat, straw at 1.5
ppm. These tolerances were established
in response to a petition from Bayer
CropScience. In addition to the
tolerances granted in that rule, Bayer
CropScience had also petitioned for a
tebuconazole tolerance on pistachios.
EPA declined to establish that tolerance
concluding that pistachios were covered
by the crop group tolerance for tree
nuts.
III. Bayer CropScience Objection
On July 1, 2008, Bayer CropScience
filed an objection to the tolerance
rulemaking pursuant to 21 U.S.C.
346a(g)(2)(A). Bayer CropScience argued
that EPA had erred in not establishing
a separate tolerance for pistachios.
Bayer CropScience noted that pistachios
are not listed as a member of tree nut
crop group in 40 CFR 180.41(c)(14).
IV. Order on Objections
Bayer CropScience’s objection is welltaken. Although EPA is planning to
amend the tree nut crop group to
include pistachios, such amendment
has not yet been accomplished.
Therefore, EPA erred in concluding that
a pistachio tolerance was made
unnecessary by establishment of a tree
nut crop group tolerance for
tebuconazole. Accordingly, EPA, by this
order and pursuant to FFDCA section
408(g)(2)(C), is amending the
tebuconzole tolerance at 40 CFR 180.474
to establish a tolerance for pistachios at
0.05 ppm. Because EPA assumed that
pistachios were covered by the tree nut
crop group tolerance in its prior action,
creating a separate pistachio tolerance
will in no way affect the safety finding
made in that action.
PO 00000
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Fmt 4700
Sfmt 4700
51737
V. Conclusion
Therefore, pursuant to FFDCA section
408(g)(2)(C), a tolerances is established
for the residues of tebuconazole, alpha[2-(4-Chlorophenyl)ethyl]-alpha-(1,1dimethylethyl)-1H-1,2,4-triazole-1ethanol, in or on the food commodity
pistachios at 0.05 ppm.
VI. Statutory and Executive Order
Reviews
This final rule establishes a tolerance
under section 408(g)(2)(C) of FFDCA in
response to a petition submitted to the
Agency under FFDCA section 408(d).
The Office of Management and Budget
(OMB) has exempted these types of
actions from review under Executive
Order 12866, entitled Regulatory
Planning and Review (58 FR 51735,
October 4, 1993). Because this 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
E:\FR\FM\05SER1.SGM
05SER1
51738
Federal Register / Vol. 73, No. 173 / Friday, September 5, 2008 / Rules and Regulations
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
(NTTAA), Public Law 104–113, section
12(d) (15 U.S.C. 272 note).
VII. 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: August 25, 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 180.474 is amended in
paragraph (a)(1) by alphabetically
adding the commodity pistachio to the
table to read as follows:
hsrobinson on PROD1PC76 with RULES
I
§180.474 Tebuconazole; tolerances for
residues.
(a) General. (1) * * *
VerDate Aug<31>2005
19:20 Sep 04, 2008
Jkt 214001
Parts per
million
Commodity
*
*
*
*
Pistachio ...................................
*
*
*
*
*
*
*
*
*
0.05
*
*
[FR Doc. E8–20625 Filed 9–4–08; 8:45 am]
BILLING CODE 6560–50–S
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2007-0366; FRL–8377–6]
Pyraflufen-ethyl; Time-Limited
Pesticide Tolerances
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation establishes
permanent tolerances for residues of
pyraflufen-ethyl in or on grass, forage,
group 17; and grass, hay, group 17;
establishes time-limited tolerances for
milk; cattle, meat byproducts; goat, meat
byproducts; horse, meat byproducts and
sheep, meat byproducts, and revises the
existing tolerances for soybean, forage;
soybean, hay; wheat, forage and wheat,
hay. Nichino America, Inc. requested
these tolerances under the Federal Food,
Drug, and Cosmetic Act (FFDCA). The
time-limited tolerances expire on
October 15, 2012.
DATES: This regulation is effective
September 5, 2008. Objections and
requests for hearings must be received
on or before November 4, 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–2007-0366. 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
SUMMARY:
PO 00000
Frm 00022
Fmt 4700
Sfmt 4700
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
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:
Joanne I. Miller, Registration Division
(7505P), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460–0001; telephone number:
703-305-6224; e-mail address:
miller.joanne@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
E:\FR\FM\05SER1.SGM
05SER1
]]>Agencies
[Federal Register Volume 73, Number 173 (Friday, September 5, 2008)]
[Rules and Regulations]
[Pages 51736-51738]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-20625]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[EPA-HQ-OPP-2005-0097; FRL-8376-7]
Tebuconazole; Pesticide Tolerances
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; final order.
-----------------------------------------------------------------------
SUMMARY: This order amends the pesticide tolerance regulation for
tebuconazole by establishing a tolerance for pistachios. Pesticide
tolerances are established under the Federal Food, Drug, and Cosmetic
Act (FFDCA). This order resolves an objection filed by Bayer
CropScience in response to a final rule on tebuconazole tolerances
published on May 14, 2008.
DATES: This regulation is effective September 5, 2008.
ADDRESSES: EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPP-2005-0097. 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
[[Page 51737]]
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: Tracy Keigwin, Registration Division
(7505P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone
number: (703) 305-6605; e-mail address: keigwin.tracy@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this Action Apply to Me?
You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
Potentially affected entities may include, but are not limited to those
engaged in the following activities:
Crop production (NAICS code 111).
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 to
provide 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 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.
II. Prior Tebuconazole Tolerance Rulemaking
In the Federal Register of May 14, 2008, (73 FR 27748) (FRL-8364-
6), EPA established tolerances for the residues of tebuconazole, alpha-
[2-(4-Chlorophenyl)ethyl]-alpha-(1,1-dimethylethyl)-1H-1,2,4-triazole-
1-ethanol, in or on the food commodities nut, tree, group 14 at 0.05
ppm; almond, hulls at 6.0 ppm; barley, grain at 0.15 ppm; barley, hay
at 7.0 ppm; barley, straw at 3.5 ppm; wheat, forage at 3.0 ppm; wheat,
grain at 0.05 ppm; wheat, hay at 7.0 ppm; and wheat, straw at 1.5 ppm.
These tolerances were established in response to a petition from Bayer
CropScience. In addition to the tolerances granted in that rule, Bayer
CropScience had also petitioned for a tebuconazole tolerance on
pistachios. EPA declined to establish that tolerance concluding that
pistachios were covered by the crop group tolerance for tree nuts.
III. Bayer CropScience Objection
On July 1, 2008, Bayer CropScience filed an objection to the
tolerance rulemaking pursuant to 21 U.S.C. 346a(g)(2)(A). Bayer
CropScience argued that EPA had erred in not establishing a separate
tolerance for pistachios. Bayer CropScience noted that pistachios are
not listed as a member of tree nut crop group in 40 CFR 180.41(c)(14).
IV. Order on Objections
Bayer CropScience's objection is well-taken. Although EPA is
planning to amend the tree nut crop group to include pistachios, such
amendment has not yet been accomplished. Therefore, EPA erred in
concluding that a pistachio tolerance was made unnecessary by
establishment of a tree nut crop group tolerance for tebuconazole.
Accordingly, EPA, by this order and pursuant to FFDCA section
408(g)(2)(C), is amending the tebuconzole tolerance at 40 CFR 180.474
to establish a tolerance for pistachios at 0.05 ppm. Because EPA
assumed that pistachios were covered by the tree nut crop group
tolerance in its prior action, creating a separate pistachio tolerance
will in no way affect the safety finding made in that action.
V. Conclusion
Therefore, pursuant to FFDCA section 408(g)(2)(C), a tolerances is
established for the residues of tebuconazole, alpha-[2-(4-
Chlorophenyl)ethyl]-alpha-(1,1-dimethylethyl)-1H-1,2,4-triazole-1-
ethanol, in or on the food commodity pistachios at 0.05 ppm.
VI. Statutory and Executive Order Reviews
This final rule establishes a tolerance under section 408(g)(2)(C)
of FFDCA in response to a petition submitted to the Agency under FFDCA
section 408(d). The Office of Management and Budget (OMB) has exempted
these types of actions from review under Executive Order 12866,
entitled Regulatory Planning and Review (58 FR 51735, October 4, 1993).
Because this 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
[[Page 51738]]
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 (NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272
note).
VII. 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: August 25, 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 180.474 is amended in paragraph (a)(1) by alphabetically
adding the commodity pistachio to the table to read as follows:
Sec. 180.474 Tebuconazole; tolerances for residues.
(a) General. (1) * * *
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
* * * * *
Pistachio.................................................. 0.05
* * * * *
------------------------------------------------------------------------
* * * * *
[FR Doc. E8-20625 Filed 9-4-08; 8:45 am]
BILLING CODE 6560-50-S
