Captan, 2,4-D, Dodine, DCPA, Endothall, Fomesafen, Propyzamide, Ethofumesate, Permethrin, Dimethipin, and Fenarimol; Technical Amendment, 14743-14744 [E9-7040]

Download as PDF Federal Register / Vol. 74, No. 61 / Wednesday, April 1, 2009 / Rules and Regulations 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: March 19, 2009. Lois Rossi, Director, Registration Division, Office of Pesticide Programs. Therefore, 40 CFR chapter I is amended as follows: ■ PART 180—[AMENDED] 1. The authority citation for part 180 continues to read as follows: ■ Authority: 21 U.S.C. 321(q), 346a and 371. 2. Section 180.588 is amended in paragraph (a), by removing the commodities ‘‘Cherry, sweet’’ and ‘‘Cherry, tart’’; and by alphabetically adding the following commodities to the table; and in paragraph (b), by removing all of the commodities and reserving the paragraph designation and heading to read as follows: ■ § 180.588 Quinoxyfen; tolerances for residues. (a) * * * Commodity Artichoke, globe .............. Fruit, stone, group 12 ..... * * * Gourd, edible .................. * * * Pumpkin .......................... Squash, winter ................ * * * Parts per million 1.4 0.70 * * * * 0.20 0.20 0.20 * * (b) Section 18 emergency exemptions. [Reserved] * * * * * ACTION: Final rule; technical amendment. SUMMARY: EPA issued a final rule in the Federal Register of September 12, 2007, revoking, revising, and establishing certain tolerances. This document is being issued to correct a terminology omission associated with DCPA and onions. DATES: This final rule is effective April 1, 2009. ADDRESSES: EPA has established a docket for this action under docket identification (ID) number EPA–HQ– OPP–2007–0097. All documents in the docket are listed in the docket index available in https://www.regulations.gov. Although listed in the index, some information is not publicly available, e.g., Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available in the electronic docket at https://www.regulations.gov, or, if only available in hard copy, at the OPP Regulatory Public Docket in Rm. S– 4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The Docket Facility is open from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The Docket Facility telephone number is (703) 305– 5805. FOR FURTHER INFORMATION CONTACT: Jane Smith, Special Review and Reregistration Division (7508P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460– 0001; telephone number: (703) 308– 0048; e-mail address: smith.janescott@epa.gov. SUPPLEMENTARY INFORMATION: [FR Doc. E9–7046 Filed 3–31–09; 8:45 am] I. General Information BILLING CODE 6560–50–S A. Does this Action Apply to Me? The Agency included in the final rule a list of those who may be potentially affected by this action. If you have questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT. ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 180 [EPA–HQ–OPP–2007–0097; FRL–8407–2] Captan, 2,4-D, Dodine, DCPA, Endothall, Fomesafen, Propyzamide, Ethofumesate, Permethrin, Dimethipin, and Fenarimol; Technical Amendment AGENCY: Environmental Protection Agency (EPA). VerDate Nov<24>2008 17:40 Mar 31, 2009 Jkt 217001 B. How Can I Access Electronic Copies of this Document and Other Related Information? In addition to accessing electronically available documents at https:// www.regulations.gov, you may access this Federal Register document PO 00000 Frm 00041 Fmt 4700 Sfmt 4700 14743 electronically through the EPA Internet under the ‘‘Federal Register’’ listings at https://www.epa.gov/fedrgstr. II. What Does this Technical Amendment Do? EPA issued a notice of proposed rulemaking in the Federal Register of June 6, 2007 (72 FR 31221) (FRL–8122– 7), that proposed to revoke, revise, and establish certain tolerances for captan, 2,4-D, dodine, DCPA, endothall, fomesafen, propyzamide, ethofumesate, permethrin, dimethipin, and fenarimol. On page 31228, third column, first full paragraph, the Agency stated the following: . . . EPA is proposing to revise commodity terminology and tolerances to conform to current Agency practice in 40 CFR 180.185(a) for the combined residues of the herbicide DCPA and its metabolites MTP and TCP (calculated as DCPA) in or on melon, honey dew to muskmelon; and onion to onion, bulb .... The June 6, 2007 Federal Register publication was intended only to update commodity terminology, and not to revoke or revise the scope of existing tolerances. The existing tolerance for ‘‘onion’’ covered both ‘‘onion, bulb’’ and ‘‘onion, green’’ as defined under current commodity terminology. The reference to ‘‘onion, green’’ was inadvertently omitted from both the June 6, 2007 proposed rule and the final rule published on September 12, 2007 (72 FR 52013) (FRL–8142–2). Use on both ‘‘onion, bulb’’ and ‘‘onion, green’’ continues to be permitted according to labels of currently registered DCPA products, and the required safety findings for the residues permitted under the tolerance were made taking into account both types of onions. Therefore, 40 CFR 180.185(a) is amended by establishing a tolerance for DCPA in/on onion, green at 1.0 ppm to effectuate EPA’s original intention in the proposed and final rules changing terminology only. III. Why is this Technical Amendment 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 amendment final without prior proposal and opportunity for comment, because this action merely corrects a drafting error in the rulemaking that was E:\FR\FM\01APR1.SGM 01APR1 14744 Federal Register / Vol. 74, No. 61 / Wednesday, April 1, 2009 / Rules and Regulations contrary to the intention of the changes as discussed in the proposed rule. Notice and comment are unnecessary to correct an erroneous deletion of a tolerance that was neither intended nor discussed in rulemaking. 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? The discussion in Unit IV. of the September 12, 2007 final rule also applies to this action. 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: March 18, 2009. Debra Edwards, Director, Office of Pesticide Programs. Therefore, 40 CFR Chapter I is amended as follows: ■ PART 180—[AMENDED] 1. The authority citation for part 180 continues to read as follows: ■ Authority: 21 U.S.C. 321(q), 346(a) and 371. 2. Section 180.185, is amended by alphabetically adding the following commodity to the table in paragraph (a) to read as follows: ■ § 180.185 DCPA; tolerances for residues. (a) General. * * * Commodity * * * * * * * * * * [FR Doc. E9–7040 Filed 3–31–09; 8:45 am] [EPA–HQ–OPP–2008–0327; FRL– 8403–9] Prothioconazole; Pesticide Tolerance AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. SUMMARY: This regulation increases a tolerance for combined residues of prothioconzole and prothioconazoledesthio, calculated as parent in or on, wheat, forage. Bayer CropScience requested this tolerance under the Federal Food, Drug, and Cosmetic Act (FFDCA). DATES: This regulation is effective April 1, 2009. Objections and requests for hearings must be received on or before June 1, 2009 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–2008–0327. All documents in the docket are listed in the docket index available at https://www.regulations.gov. Although listed in the index, some information is not publicly available, e.g., Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available in the electronic docket at https://www.regulations.gov, or, if only available in hard copy, at the OPP Regulatory Public Docket in Rm. S– 4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The Docket Facility is open from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The Docket Facility telephone number is (703) 305– 5805. ADDRESSES: FOR FURTHER INFORMATION CONTACT: Bryant Crowe, Registration Division (7505P), Office of Pesticide Programs, 1.0 Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460–0001; telephone number: (703) 305–0025; e-mail address: crowe.bryant@epa.gov. SUPPLEMENTARY INFORMATION: BILLING CODE 6560–50–S VerDate Nov<24>2008 40 CFR Part 180 Parts per million * * Onion, green * * * ENVIRONMENTAL PROTECTION AGENCY 17:40 Mar 31, 2009 Jkt 217001 PO 00000 Frm 00042 Fmt 4700 Sfmt 4700 I. General Information A. Does this Action Apply to Me? You may be potentially affected by this action if you are an agricultural producer, food manufacturer, or pesticide manufacturer. Potentially affected entities may include, but are not limited to 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 electronically available documents 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 e-CFR cite at https://www.gpoaccess.gov/ecfr. C. Can I File an Objection or Hearing Request? Under section 408(g) of FFDCA, 21 U.S.C. 346a, any person may file an objection to any aspect of this regulation and may also request a hearing on those objections. You must file your objection or request a hearing on this regulation in accordance with the instructions provided in 40 CFR part 178. To ensure proper receipt by EPA, you must identify docket ID number EPA–HQ– OPP–2008–0327 in the subject line on the first page of your submission. All requests must be in writing, and must be mailed or delivered to the Hearing Clerk as required by 40 CFR part 178 on or before June 1, 2009. In addition to filing an objection or hearing request with the Hearing Clerk as described in 40 CFR part 178, please E:\FR\FM\01APR1.SGM 01APR1

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 74, Number 61 (Wednesday, April 1, 2009)]
[Rules and Regulations]
[Pages 14743-14744]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-7040]

-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2007-0097; FRL-8407-2]

Captan, 2,4-D, Dodine, DCPA, Endothall, Fomesafen, Propyzamide,
Ethofumesate, Permethrin, Dimethipin, and Fenarimol; Technical
Amendment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; technical amendment.

-----------------------------------------------------------------------

SUMMARY: EPA issued a final rule in the Federal Register of September
12, 2007, revoking, revising, and establishing certain tolerances. This
document is being issued to correct a terminology omission associated
with DCPA and onions.

DATES: This final rule is effective April 1, 2009.

ADDRESSES: EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPP-2007-0097. All documents in the
docket are listed in the docket index available in https://www.regulations.gov. Although listed in the index, some information is
not publicly available, e.g., Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute. Certain
other material, such as copyrighted material, is not placed on the
Internet and will be publicly available only in hard copy form.
Publicly available docket materials are available in the electronic
docket at https://www.regulations.gov, or, if only available in hard
copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac
Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The Docket
Facility is open from 8:30 a.m. to 4 p.m., Monday through Friday,
excluding legal holidays. The Docket Facility telephone number is (703)
305-5805.

FOR FURTHER INFORMATION CONTACT: Jane Smith, Special Review and
Reregistration Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (703) 308-0048; e-mail
address: smith.jane-scott@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 this action. If you have 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 and Other
Related Information?

In addition to accessing electronically available documents 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.

II. What Does this Technical Amendment Do?

EPA issued a notice of proposed rulemaking in the Federal Register
of June 6, 2007 (72 FR 31221) (FRL-8122-7), that proposed to revoke,
revise, and establish certain tolerances for captan, 2,4-D, dodine,
DCPA, endothall, fomesafen, propyzamide, ethofumesate, permethrin,
dimethipin, and fenarimol. On page 31228, third column, first full
paragraph, the Agency stated the following:

. . . EPA is proposing to revise commodity terminology and
tolerances to conform to current Agency practice in 40 CFR
180.185(a) for the combined residues of the herbicide DCPA and its
metabolites MTP and TCP (calculated as DCPA) in or on melon, honey
dew to muskmelon; and onion to onion, bulb . . . .

The June 6, 2007 Federal Register publication was intended only to
update commodity terminology, and not to revoke or revise the scope of
existing tolerances. The existing tolerance for ``onion'' covered both
``onion, bulb'' and ``onion, green'' as defined under current commodity
terminology. The reference to ``onion, green'' was inadvertently
omitted from both the June 6, 2007 proposed rule and the final rule
published on September 12, 2007 (72 FR 52013) (FRL-8142-2). Use on both
``onion, bulb'' and ``onion, green'' continues to be permitted
according to labels of currently registered DCPA products, and the
required safety findings for the residues permitted under the tolerance
were made taking into account both types of onions. Therefore, 40 CFR
180.185(a) is amended by establishing a tolerance for DCPA in/on onion,
green at 1.0 ppm to effectuate EPA's original intention in the proposed
and final rules changing terminology only.

III. Why is this Technical Amendment 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
amendment final without prior proposal and opportunity for comment,
because this action merely corrects a drafting error in the rulemaking
that was

[[Page 14744]]

contrary to the intention of the changes as discussed in the proposed
rule. Notice and comment are unnecessary to correct an erroneous
deletion of a tolerance that was neither intended nor discussed in
rulemaking. 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?

The discussion in Unit IV. of the September 12, 2007 final rule
also applies to this action.

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: March 18, 2009.
Debra Edwards,
Director, 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), 346(a) and 371.

0
2. Section 180.185, is amended by alphabetically adding the following
commodity to the table in paragraph (a) to read as follows:

Sec. 180.185 DCPA; tolerances for residues.

(a) General. * * *

------------------------------------------------------------------------
Commodity Parts per million
------------------------------------------------------------------------
* * * * *
Onion, green 1.0
* * * * *
------------------------------------------------------------------------

* * * * *

4[FR Doc. E9-7040 Filed 3-31-09; 8:45 am]
BILLING CODE 6560-50-S

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