Chlorantraniliprole; Extension of Time-Limited Pesticide Tolerances, 17564-17566 [2010-7744]
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17564
Federal Register / Vol. 75, No. 66 / Wednesday, April 7, 2010 / Rules and Regulations
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area south of San Miguel, Santa Rosa
and Santa Cruz Islands.
The Coast Guard has identified a
potential safety enhancement by
increasing predictability of vessel traffic
patterns in this area with an established
vessel routing system. When vessels
follow predictable and charted routing
measures such as a TSS, congestion may
be reduced, and mariners may be better
able to predict where vessel interactions
may occur and act accordingly.
This study will assess whether the
creation of a vessel routing system is
necessary to increase the predictability
of vessel movements, which may
decrease the potential for collisions, oil
spills, and other events that could
threaten the marine environment.
IV. Timeline, Study Area, and Process
of This PARS
The Eleventh Coast Guard District
will conduct this PARS. The study will
begin upon publication of this notice
and should take 6 to 12 months to
complete.
The study area will be the area with
a northern boundary at 34°30′ N; a
western boundary 121°00′ W; a southern
boundary at 33°15′ N; and an eastern
boundary along the shoreline. This area
encompasses the TSSs in the Santa
Barbara Channel and in the approaches
to Los Angeles-Long Beach and the
approach to the San Pedro Channel from
the Pacific Ocean, particularly the area
south of San Miguel, Santa Rosa and
Santa Cruz Islands and north of San
Nicholas, Santa Barbara, and Santa
Catalina Islands where an increase in
vessel traffic has been identified.
As part of this study, we will analyze
vessel traffic density, agency and
stakeholder experience in vessel traffic
management, navigation, ship handling,
and effects of weather. We encourage
you to participate in the study process
by submitting comments in response to
this notice.
We will publish the results of the
PARS in the Federal Register. It is
possible that the study may validate
existing vessel routing measures and
conclude that no changes are necessary.
It is also possible that the study may
recommend one or more changes to
enhance navigational safety and the
efficiency of vessel traffic management.
The recommendations may lead to
future rulemakings or appropriate
international agreements.
Possible Scope of the Recommendations
We are attempting to determine the
scope of any safety problems associated
with vessel transits in the study area.
We expect that information gathered
during the study will help us identify
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15:15 Apr 06, 2010
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any problems and appropriate solutions.
The study may recommend that we—
• Maintain the current vessel routing
measures,
• Modify the existing traffic
separations schemes;
• Create one or more precautionary
areas;
• Create one or more inshore traffic
zones;
• Establish area(s) to be avoided;
• Create deep-draft routes;
• Establish a regulated navigation
Area (RNA) with specific vessel
operating requirements to ensure safe
navigation near shallow water; and
• Identify any other appropriate
ships’ routing measures.
Questions
To help us conduct the port access
route study, we request information that
will help answer the following
questions, although comments on other
issues addressed in this notice are also
welcome. In responding to a question,
please explain your reasons for each
answer and follow the instructions
under ‘‘Public Participation and Request
for Comments’’ above.
1. What navigational hazards do
vessels operating in the study area face?
Please describe.
2. Are there strains on the current
vessel routing system, such as
increasing traffic density? Please
describe.
3. Are modifications to existing vessel
routing measures needed to improve
traffic management efficiency in the
study area? If so, please describe.
4. What costs and benefits are
associated with the potential study
recommendations listed above? What
measures do you think are most costeffective?
5. What impacts, both positive and
negative, would changes to existing
vessel routing measures or establishing
new routing measures have on the study
area?
This notice is issued under authority
of 33 U.S.C. 1223(c) and 5 U.S.C. 552.
Dated: March 11, 2010.
J.R. Castillo,
Rear Admiral, U.S. Coast Guard, Commander,
Eleventh Coast Guard District.
[FR Doc. 2010–7815 Filed 4–6–10; 8:45 am]
BILLING CODE 9110–04–P
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2008–0770; FRL–8820–3]
Chlorantraniliprole; Extension of TimeLimited Pesticide Tolerances
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Final rule.
SUMMARY: This regulation extends the
time-limited tolerances for indirect or
inadvertent residues of the insecticide
chlorantraniliprole (3-bromo-N–[4chloro-2-methyl-6[(methylamino)carbonyl]phenyl]-1-(3chloro-2-pyridinyl)-1H-pyrazole-5carboxamide) in or on grain, cereal,
forage, fodder, and straw, group 16;
leek; onion, green; onion, Welsh;
peanut, hay; shallot; soybean, forage;
soybean, hay; and vegetable, leaves of
root and tuber, group 2 at 0.20 parts per
million (ppm). The current tolerances
are set to expire on April 10, 2010. This
rule extends the expiration/revocation
date of these time-limited tolerances for
an additional 4–year period, to April 10,
2014.
DATES: This regulation is effective April
7, 2010. Objections and requests for
hearings must be received on or before
June 7, 2010, 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–2008–0770. 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.
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Federal Register / Vol. 75, No. 66 / Wednesday, April 7, 2010 / Rules and Regulations
FOR FURTHER INFORMATION CONTACT: Julie
Chao, Registration Division (7505P),
Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460–0001; telephone number:
(703) 308–8735; e-mail address:
chao.julie@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 Get Electronic Access to
Other Related Information?
You may access a frequently updated
electronic version of 40 CFR part 180
through the Government Printing
Office’s e-CFR site at https://
www.gpoaccess.gov/ecfr.
WReier-Aviles on DSKGBLS3C1PROD with RULES
C. Can I File an Objection or Hearing
Request?
Under section 408(g) of Federal Food,
Drug, and Cosmetic Act (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. 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–2008–0770 in the subject line on
the first page of your submission. All
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15:15 Apr 06, 2010
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requests must be in writing, and must be
mailed or delivered to the Hearing Clerk
on or before June 7, 2010.
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–2008–0770, 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
Facility’s normal hours of operation
(8:30 a.m. to 4 p.m., Monday through
Friday, excluding legal holidays).
Special arrangements should be made
for deliveries of boxed information. The
Docket Facility telephone number is
(703) 305–5805.
II. Background and Statutory Findings
In a final rule published in the
Federal Register of June 26, 2009 (74 FR
30470) (FRL–8413–6), EPA amended 40
CFR 180.628 by establishing timelimited tolerances for indirect or
inadvertent residues of
chlorantraniliprole in or on cowpea,
forage and hay at 0.20 ppm; field pea,
vines and hay at 0.20 ppm; cereal grain,
forage, fodder and straw, crop group 16
at 0.20 ppm; grass, forage, fodder and
hay, crop group 17 at 0.20 ppm;
vegetable, leaves of root and tuber, crop
group 2 at 0.20 ppm; leek at 0.20 ppm;
nongrass animal feed, forage, fodder,
straw and hay, crop group 18 at 0.20
ppm; okra at 0.70 ppm; onion, green at
0.20 ppm; onion, welsh at 0.20 ppm;
peanut, hay at 0.20 ppm; shallot at 0.20
ppm; soybean, forage and hay at 0.20
ppm; strawberry at 1.2 ppm; and
sugarcane, sugar at 0.20 ppm, with an
expiration date of April 10, 2010.
In the Federal Register of February 3,
2010 (75 FR 5526) (FRL–8809–3),
permanent tolerances were established
for various commodities and crop
groups, including vegetables, foliage of
legume, except soybean, crop group 7A,
forage and hay (includes cowpea, forage
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and hay; field pea, vines and hay); grass,
forage, fodder and hay, crop group 17;
okra; strawberry; and sugarcane, cane
and molasses. Therefore, the previously
established time-limited tolerances for
cowpea, forage and hay; field pea, vines
and hay; grass, forage, fodder and hay,
crop group 17; okra; strawberry; and
sugarcane were deleted.
The Agency, acting on its own
initiative, is extending the current
remaining time-limited tolerances for
indirect or inadvertent residues of
chlorantraniliprole in or on cereal grain,
forage, fodder, and straw, crop group 16
at 0.20 ppm; leek at 0.20 ppm; onion,
green at 0.20 ppm; onion, welsh at 0.20
ppm; peanut, hay at 0.20 ppm; shallot
at 0.20 ppm; soybean, forage and
soybean, hay at 0.20 ppm; and
vegetable, leaves of root and tuber, crop
group 2 at 0.20 ppm. The current
tolerances are set to expire on April 10,
2010. This rule extends the expiration/
revocation date of these time-limited
tolerances for an additional 4–year
period, to April 10, 2014. This extension
will provide additional time for the
registrant to submit data to support
permanent tolerances on these
commodities.
III. Statutory and Executive Order
Reviews
This final rule establishes a tolerance
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,
entitled 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 tolerances in this final rule, do not
require the issuance of a proposed rule,
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Federal Register / Vol. 75, No. 66 / Wednesday, April 7, 2010 / Rules and Regulations
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
(NTTAA), Public Law 104–113, section
12(d) (15 U.S.C. 272 note).
WReier-Aviles on DSKGBLS3C1PROD with RULES
IV. 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.
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15:15 Apr 06, 2010
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Dated: March 26, 2010.
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.
§ 180.628
[Amended]
2. In § 180.628, amend the table in
paragraph (d) by revising the expiration/
revocation dates ‘‘4/10/10’’ to read ‘‘4/
10/14,’’ each time it appears.
■
[FR Doc. 2010–7744 Filed 4–6–10; 8:45 am]
BILLING CODE 6560–50–S
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2009–0553; FRL–8817–9]
Flutolanil; Pesticide Tolerances
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Final rule.
SUMMARY: This regulation establishes
tolerances for residues of flutolanil in or
on cotton and soybean. Nichino
America, Inc. requested these tolerances
under the Federal Food, Drug, and
Cosmetic Act (FFDCA).
DATES: This regulation is effective April
7, 2010. Objections and requests for
hearings must be received on or before
June 7, 2010, 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–2009–0553. 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–
ADDRESSES:
PO 00000
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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: Lisa
Jones, Registration Division, Office of
Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460–
0001; telephone number: (703) 308–
9424; e-mail address:
jones.lisa@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 Get Electronic Access to
Other Related Information?
You may 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.
To access the OPPTS harmonized test
guidelines referenced in this document
electronically, please go https://
www.epa.gov/oppts and select ‘‘Test
Methods and Guidelines.’’
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
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Agencies
[Federal Register Volume 75, Number 66 (Wednesday, April 7, 2010)]
[Rules and Regulations]
[Pages 17564-17566]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-7744]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[EPA-HQ-OPP-2008-0770; FRL-8820-3]
Chlorantraniliprole; Extension of Time-Limited Pesticide
Tolerances
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This regulation extends the time-limited tolerances for
indirect or inadvertent residues of the insecticide chlorantraniliprole
(3-bromo-N-[4-chloro-2-methyl-6-[(methylamino)carbonyl]phenyl]-1-(3-
chloro-2-pyridinyl)-1H-pyrazole-5-carboxamide) in or on grain, cereal,
forage, fodder, and straw, group 16; leek; onion, green; onion, Welsh;
peanut, hay; shallot; soybean, forage; soybean, hay; and vegetable,
leaves of root and tuber, group 2 at 0.20 parts per million (ppm). The
current tolerances are set to expire on April 10, 2010. This rule
extends the expiration/revocation date of these time-limited tolerances
for an additional 4-year period, to April 10, 2014.
DATES: This regulation is effective April 7, 2010. Objections and
requests for hearings must be received on or before June 7, 2010, 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-2008-0770. 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.
[[Page 17565]]
FOR FURTHER INFORMATION CONTACT: Julie Chao, Registration Division
(7505P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone
number: (703) 308-8735; e-mail address: chao.julie@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 Get Electronic Access to Other Related Information?
You may access a frequently updated electronic version of 40 CFR
part 180 through the Government Printing Office's e-CFR site at https://www.gpoaccess.gov/ecfr.
C. Can I File an Objection or Hearing Request?
Under section 408(g) of Federal Food, Drug, and Cosmetic Act
(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.
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-
2008-0770 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 7, 2010.
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-2008-0770, 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 Facility's normal hours of operation (8:30
a.m. to 4 p.m., Monday through Friday, excluding legal holidays).
Special arrangements should be made for deliveries of boxed
information. The Docket Facility telephone number is (703) 305-5805.
II. Background and Statutory Findings
In a final rule published in the Federal Register of June 26, 2009
(74 FR 30470) (FRL-8413-6), EPA amended 40 CFR 180.628 by establishing
time-limited tolerances for indirect or inadvertent residues of
chlorantraniliprole in or on cowpea, forage and hay at 0.20 ppm; field
pea, vines and hay at 0.20 ppm; cereal grain, forage, fodder and straw,
crop group 16 at 0.20 ppm; grass, forage, fodder and hay, crop group 17
at 0.20 ppm; vegetable, leaves of root and tuber, crop group 2 at 0.20
ppm; leek at 0.20 ppm; nongrass animal feed, forage, fodder, straw and
hay, crop group 18 at 0.20 ppm; okra at 0.70 ppm; onion, green at 0.20
ppm; onion, welsh at 0.20 ppm; peanut, hay at 0.20 ppm; shallot at 0.20
ppm; soybean, forage and hay at 0.20 ppm; strawberry at 1.2 ppm; and
sugarcane, sugar at 0.20 ppm, with an expiration date of April 10,
2010.
In the Federal Register of February 3, 2010 (75 FR 5526) (FRL-8809-
3), permanent tolerances were established for various commodities and
crop groups, including vegetables, foliage of legume, except soybean,
crop group 7A, forage and hay (includes cowpea, forage and hay; field
pea, vines and hay); grass, forage, fodder and hay, crop group 17;
okra; strawberry; and sugarcane, cane and molasses. Therefore, the
previously established time-limited tolerances for cowpea, forage and
hay; field pea, vines and hay; grass, forage, fodder and hay, crop
group 17; okra; strawberry; and sugarcane were deleted.
The Agency, acting on its own initiative, is extending the current
remaining time-limited tolerances for indirect or inadvertent residues
of chlorantraniliprole in or on cereal grain, forage, fodder, and
straw, crop group 16 at 0.20 ppm; leek at 0.20 ppm; onion, green at
0.20 ppm; onion, welsh at 0.20 ppm; peanut, hay at 0.20 ppm; shallot at
0.20 ppm; soybean, forage and soybean, hay at 0.20 ppm; and vegetable,
leaves of root and tuber, crop group 2 at 0.20 ppm. The current
tolerances are set to expire on April 10, 2010. This rule extends the
expiration/revocation date of these time-limited tolerances for an
additional 4-year period, to April 10, 2014. This extension will
provide additional time for the registrant to submit data to support
permanent tolerances on these commodities.
III. Statutory and Executive Order Reviews
This final rule establishes a tolerance 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, entitled 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 tolerances in
this final rule, do not require the issuance of a proposed rule,
[[Page 17566]]
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 (NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272
note).
IV. 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 26, 2010.
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.
Sec. 180.628 [Amended]
0
2. In Sec. 180.628, amend the table in paragraph (d) by revising the
expiration/revocation dates ``4/10/10'' to read ``4/10/14,'' each time
it appears.
[FR Doc. 2010-7744 Filed 4-6-10; 8:45 am]
BILLING CODE 6560-50-S