[Federal Register: December 20, 2006 (Volume 71, Number 244)]
[Rules and Regulations]
[Page 76197-76200]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20de06-19]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[EPA-HQ-OPP-2006-0942; FRL-8105-4]
Extension of Tolerances for Emergency Exemptions (Multiple
Chemicals)
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: This regulation extends time-limited tolerances for the
pesticides listed in this document. These actions are in response to
EPA's granting of emergency exemptions under section 18 of the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA) authorizing use of
these pesticides. Section 408(l)(6) of the Federal Food, Drug, and
Cosmetic Act (FFDCA) requires EPA to establish a time-limited tolerance
or exemption from the requirement for a tolerance for pesticide
chemical residues in food that will result from the use of a pesticide
under an emergency exemption granted by EPA.
DATES: This regulation is effective December 20, 2006. Objections and
requests for hearings must be received on or before February 20, 2007,
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-2006-0942. All documents in the
docket are listed on the regulations.gov website. 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 http://www.regulations.gov
, or, if only available in hard copy, at the Office
of Pesticide Programs (OPP) Regulatory Public Docket, 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: See the table in this unit for the
name of a specific contact person. The following information applies to
all contact persons: Emergency Response Team, Registration Division
(7505P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001.
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Pesticide/CFR section Contact person
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Acibenzolar-S-methyl, 180.561 Libby Pemberton
Mancozeb, 180.176......................... pemberton.libby@epa.gov
(703) 308-9364
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Bifenthrin, 180.442 Andrea Conrath
Thiophanate-methyl, 180.371............... conrath.andrea@epa.gov
(703) 308-9356
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Flufenacet, 180.527 Andrew Ertman
Propyzamide, 180.317...................... ertman.andrew@epa.gov
(703) 308-9367
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Zoxamide, 180.567 Stacey Groce
groce.stacey@epa.gov
(703) 305-2505
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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 one of the persons listed in the table 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 http://www.regulations.gov
, you may access this Federal Register document
electronically through the EPA Internet under the ``Federal Register''
listings at http://www.epa.gov/fedrgstr. You may also access a
frequently updated electronic version of 40 CFR part 180 through the
Government Printing Office's pilot e-CFR site at http://www.gpoaccess.gov/ecfr
.
C. Can I File an Objection or Hearing Request?
Under section 408(g) of FFDCA, as amended by the Food Quality
Protection Act of 1996 (FQPA), any person may file an objection to any
aspect of this regulation and may also request a hearing on those
objections. The EPA procedural regulations which govern the submission
of objections and requests for hearings appear in 40 CFR part 178. You
must file your objection or request a hearing on this regulation in
accordance with the instructions provided in 40 CFR part 178. To ensure
proper receipt by EPA, you must identify docket ID number EPA-HQ-OPP-
2006-0942 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 February 20, 2007.
In addition to filing an objection or hearing request with the
Hearing Clerk as described in 40 CFR part 178, please
[[Page 76198]]
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-2006-0942, by one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket's normal hours of operation (8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays). Special
arrangements should be made for deliveries of boxed information. The
Docket Facility telephone number is (703) 305-5805.
II. Background and Statutory Findings
EPA published final rules in the Federal Register for each
pesticide listed in this document. The initial issuance of these final
rules announced that EPA, on its own initiative, under section 408 of
FFDCA, 21 U.S.C. 346a, as amended by FQPA (Public Law 104-170) was
establishing time-limited tolerances.
EPA established the tolerances because section 408(l)(6) of FFDCA
requires EPA to establish a time-limited tolerance or exemption from
the requirement for a tolerance for pesticide chemical residues in food
that will result from the use of a pesticide under an emergency
exemption granted by EPA under FIFRA section 18. Such tolerances can be
established without providing notice or time for public comment.
EPA received requests to extend the use of these chemicals for this
year's growing season. After having reviewed these submissions, EPA
concurs that emergency conditions exist. EPA assessed the potential
risks presented by residues for each pesticide. In doing so, EPA
considered the safety standard in section 408(b)(2) of FFDCA, and
decided that the necessary tolerance under section 408(l)(6) of FFDCA
would be consistent with the safety standard and with FIFRA section 18.
The data and other relevant material have been evaluated and
discussed in the final rule originally published to support these uses.
Based on that data and information considered, the Agency reaffirms
that extension of these time-limited tolerances will continue to meet
the requirements of section 408(l)(6) of FFDCA. Therefore, the time-
limited tolerances are extended until the date listed. EPA will publish
a document in the Federal Register to remove the revoked tolerances
from the Code of Federal Regulations (CFR). Although these tolerances
will expire and are revoked on the date listed, under section 408(l)(5)
of FFDCA, residues of the pesticide not in excess of the amounts
specified in the tolerance remaining in or on the commodity after that
date will not be unlawful, provided the residue is present as a result
of an application or use of a pesticide at a time and in a manner that
was lawful under FIFRA, the tolerance was in place at the time of the
application, and the residue does not exceed the level that was
authorized by the tolerance. EPA will take action to revoke these
tolerances earlier if any experience with, scientific data on, or other
relevant information on this pesticide indicate that the residues are
not safe.
Tolerances for the use of the following pesticide chemicals on
specific commodities are being extended:
1. Acibenzolar-S-methyl. EPA has authorized under FIFRA section 18
the use of acibenzolar-S-methyl on onions for control of onion thrips,
a vector of iris yellow spot virus in Colorado. This regulation extends
time-limited tolerances for residues of acibenzolar-S-methyl
(benzo(1,2,3)thiadiazole-7-carbothioic acid-S-methyl ester) in or on
onion, dry bulb and onion, green at 0.05 parts per million (ppm) for an
additional 2[frac12]-year period. These tolerances will expire and are
revoked on December 31, 2009. Time-limited tolerances were originally
published in the Federal Register of February 16, 2005 (70 FR 7854)
(FRL-7697-8).
2. Bifenthrin. EPA has authorized under FIFRA section 18 the use of
bifenthrin on orchardgrass for control of the orchardgrass billbug in
Oregon. This regulation extends time-limited tolerances for residues of
the insecticide bifenthrin in or on orchardgrass, forage and
orchardgrass, hay at 0.05 ppm for an additional 2[frac12]-year period.
These tolerances will expire and are revoked on December 31, 2009.
Time-limited tolerances were originally published in the Federal
Register of July 26, 2002 (67 FR 48790) (FRL-7187-8).
3. Flufenacet. EPA has authorized under FIFRA section 18 the use of
flufenacet on winter wheat for control of Italian ryegrass in Idaho,
Oregon, and Washington. This regulation extends time-limited tolerances
for combined residues of the herbicide N-(4-fluorophenyl)-N-(1-
methylethyl)-2-[[-(trifluoromethyl)-1,3,4-thiadiazol-2-yl]oxy]acetamide
and its metabolites (containing the 4-fluoro-N-methylethyl benzenamine)
in or on wheat, grain at 1 ppm; wheat, forage at 10 ppm; wheat, hay at
2 ppm; wheat, straw at 0.50 ppm; meat, kidney at 0.50 ppm; fat of
cattle, goat, horse, hog, and sheep at 0.05 ppm; and meat byproducts
(other than kidney) of cattle, goat, horse, hog, and sheep at 0.10 ppm
for an additional 2[frac12]-year period. These tolerances will expire
and are revoked on December 31, 2009. Time-limited tolerances were
originally published in the Federal Register of August 6, 1999 (64 FR
42839) (FRL-6091-9).
4. Mancozeb. EPA has authorized under FIFRA section 18 the use of
mancozeb on ginseng for control of stem and leaf blight in Michigan and
Wisconsin. This regulation extends a time-limited tolerance for
combined residues of the fungicide mancozeb (calculated as zinc
ethylenebisdithiocarbamate and its metabolite, ethylenethiourea (ETU)),
in or on ginseng, root at 2.0 ppm for an additional 3-year period. This
tolerance will expire and is revoked on December 31, 2009. A time-
limited tolerance was originally published in the Federal Register of
October 9, 1998 (63 FR 54362) (FRL-6029-5).
5. Propyzamide. EPA has authorized under FIFRA section 18 the use
of propyzamide on cranberries for control of dodder in Massachusetts,
New Jersey, and Rhode Island. This regulation extends a time-limited
tolerance for combined residues of the herbicide propyzamide and its
metabolites (containing the 3,5-dichlorobenzoyl moiety and calculated
as 3,5-dichloro-N-(1,1-dimethyl-2-propynyl)benzamide) in or on
cranberry at 0.05 ppm for an additional 3-year period. This tolerance
will expire and is revoked on December 31, 2009. A time-limited
tolerance was originally published in the Federal Register of September
16, 1998 (63 FR 49479) (FRL-6022-5).
6. Thiophanate-methyl. EPA has authorized under FIFRA section 18
the use of thiophanate-methyl on blueberry for control of various
fungal diseases in a number of States, including Connecticut, Indiana,
Michigan, New Jersey, New York, Ohio, and Pennsylvania. This regulation
extends a time-limited tolerance for combined residues of the fungicide
thiophanate-methyl and its metabolite, methyl 2-benzimidazoyl carbamate
(MBC), in or on blueberry at 1.5 ppm for an
[[Page 76199]]
additional 2[frac12]-year period. This tolerance will expire and is
revoked on December 31, 2009. A time-limited tolerance was originally
published in the Federal Register of September 12, 2002 (67 FR 57748)
(FRL-7196-5).
7. Thiophanate-methyl. EPA has authorized under FIFRA section 18
the use of thiophanate-methyl on citrus for control of post-bloom fruit
drop in Florida and Louisiana. This regulation extends a time-limited
tolerance for combined residues of the fungicide thiophanate-methyl and
its metabolite, MBC, in or on citrus at 0.5 ppm for an additional
2[frac12]-year period. This tolerance will expire and is revoked on
December 31, 2009. A time-limited tolerance was originally published in
the Federal Register of September 12, 2002 (67 FR 57748) (FRL-7196-5).
8. Zoxamide. EPA has authorized under FIFRA section 18 the use of
zoxamide on ginseng for control of phytophthora blight in Michigan and
Wisconsin. This regulation extends a time-limited tolerance for
residues of the fungicide zoxamide (3,5-dichloro-N-(3-chloro-1-ethyl-1-
methyl-2-oxopropyl)-4-methylbenzamide) in or on ginseng at 0.06 ppm for
an additional 3-year period. This tolerance will expire and is revoked
on December 31, 2009. A time-limited tolerance was originally published
in the Federal Register of March 31, 2004 (69 FR 16800) (FRL-7349-3).
III. Statutory and Executive Order Reviews
This final rule establishes time-limited tolerances under section
408 of FFDCA. 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 due to its lack of significance, 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). 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., or 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). 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);
or OMB review or any Agency action under Executive Order 13045,
entitled Protection of Children from Environmental Health Risks and
Safety Risks (62 FR 19885, April 23, 1997). 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). Since
tolerances and exemptions that are established under section 408(l)(6)
of FFDCA in response to an exemption under FIFRA section 18, such as
the tolerances in this final rule, do not require the issuance of a
proposed rule, the requirements of the Regulatory Flexibility Act (RFA)
(5 U.S.C. 601 et seq.) do not apply. In addition, the Agency has
determined that this action will not have a substantial direct effect
on States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132,
entitled Federalism (64 FR 43255, August 10, 1999). Executive Order
13132, requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive order to include regulations that have ``substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.'' This final
rule directly regulates growers, food processors, food handlers, and
food retailers, not States. This action does not alter the
relationships or distribution of power and responsibilities established
by Congress in the preemption provisions of section 408(n)(4) of FFDCA.
For these same reasons, the Agency has determined that this final rule
does not have any ``tribal implications'' as described in Executive
Order 13175, entitled Consultation and Coordination with Indian Tribal
Governments (65 FR 67249, November 6, 2000). Executive Order 13175,
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' ``Policies that have tribal
implications'' is defined in the Executive order to include regulations
that have ``substantial direct effects on one or more Indian tribes, on
the relationship between the Federal Government and the Indian tribes,
or on the distribution of power and responsibilities between the
Federal Government and Indian tribes.'' This final rule will not have
substantial direct effects on tribal governments, on the relationship
between the Federal Government and Indian tribes, or on the
distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified in Executive Order 13175.
Thus, Executive Order 13175 does not apply to this final rule.
IV. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this final 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: December 6, 2006.
Donald R. Stubbs,
Acting Director, Registration Division, Office of Pesticide Programs.
0
Therefore, 40 CFR chapter I is amended as follows:
PART 180--[AMENDED]
0
1. The authority citation for part 180 continues to read as follows:
Authority: 21 U.S.C. 321(q), 346a and 371.
Sec. 180.176 [Amended]
0
2. In Sec. 180.176, in the table to paragraph (b), amend the entry
ginseng, root by removing the expiration date ``12/31/06'' and adding
in its place ``12/31/09.''
Sec. 180.317 [Amended]
0
3. In Sec. 180.317, in the table to paragraph (b), amend the entry
[[Page 76200]]
cranberry by removing the expiration date ``12/31/06'' and adding in
its place ``12/31/09.''
Sec. 180.371 [Amended]
0
4. In Sec. 180.371, in the table to paragraph (b), amend the entries
blueberry and citrus by removing the expiration date ``6/30/07'' and
adding in its place ``12/31/09.''
Sec. 180.442 [Amended]
0
5. In Sec. 180.442, in the table to paragraph (b), amend the entries
orchardgrass, forage and orchardgrass, hay by removing the expiration
date ``6/30/07'' and adding in its place ``12/31/09.''
Sec. 180.527 [Amended]
0
6. In Sec. 180.527, in the table to paragraph (b), amend the entries
cattle, fat; cattle, kidney; cattle, meat; cattle, meat byproducts;
goat, fat; goat, kidney; goat, meat; goat, meat byproducts; hog, fat;
hog, kidney; hog, meat; hog, meat byproducts; horse, fat; horse,
kidney; horse, meat; horse, meat byproducts; sheep, fat; sheep, kidney;
sheep, meat; sheep, meat byproducts; wheat, forage; wheat, grain;
wheat, hay; and wheat, straw by removing the expiration date ``6/30/
07'' and adding in its place ``12/31/09.''
Sec. 180.561 [Amended]
0
7. In Sec. 180.561, in the table to paragraph (b), amend the entries
onion, dry bulb and onion, green by removing the expiration date ``6/
30/07'' and adding in its place ``12/31/09.''
Sec. 180.567 [Amended]
0
8. In Sec. 180.567, in the table to paragraph (b), amend the entry
ginseng by removing the expiration date ``12/31/06'' and adding in its
place ``12/31/09.''
[FR Doc. E6-21506 Filed 12-19-06; 8:45 am]
BILLING CODE 6560-50-S