[Federal Register: June 29, 2007 (Volume 72, Number 125)]
[Rules and Regulations]
[Page 35663-35666]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29jn07-14]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[EPA-HQ-OPP-2002-0043; FRL-8131-3]
Pesticide Tolerance Nomenclature Changes; Technical Amendment
AGENCY: Environmental Protection Agency (EPA).
[[Page 35664]]
ACTION: Final rule; technical amendment.
-----------------------------------------------------------------------
SUMMARY: This document removes duplicate entries in terminology of
certain commodity terms listed under 40 CFR part 180, subpart C. EPA is
taking this action to establish a uniform listing of commodity terms.
DATES: This Final Rule is effective on June 29, 2007.
ADDRESSES: EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPP-2002-0043. All documents in the
docket are listed in the index for the docket. 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 http://www.regulations.gov, or,
if only available in hard copy, at the OPP Regulatory Public Docket in
Rm. S-4400, One Potomac Yard (South Building), 2777 S. Crystal Drive,
Arlington, VA. The Docket Facility is open from 8:30 a.m. to 4 p.m.,
Monday through Friday, excluding legal holidays. The Docket telephone
number is (703) 305-5805.
FOR FURTHER INFORMATION CONTACT: Stephen Schaible, Registration
Division (7505P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (703) 308-9362; fax number: (703) 305-6920; e-
mail address: schaible.stephen@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), e.g., agricultural
workers; greenhouse, nursery, and floriculture workers; farmers.
Animal production (NAICS code 112), e.g., cattle ranchers
and farmers, dairy cattle farmers, livestock farmers.
Food manufacturer (NAICS code 311), e.g., agricultural
workers; farmers; greenhouse, nursery, and floriculture workers;
ranchers; pesticide applicators.
Pesticide manufacturer (NAICS code 32532), e.g.,
agricultural workers; commercial applicators; farmers; greenhouse,
nursery, and floriculture workers; residential users.
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 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
.
II. Background
A. What Action is the Agency Taking?
In this rule, EPA is removing certain duplicate tolerance entries
listed under 40 CFR part 180, subpart C, as follows:
1. In Sec. 180.106, in the table to paragraph (a), EPA is removing
one of the two duplicate entries for ``Rye, forage.''
2. In Sec. 180.111, in the table to paragraph (a)(1), EPA is
removing the entry for ``Almond, shells'' at 50 ppm. A tolerance is
established for the appropriate commodity term ``Almond, hulls'' at 50
ppm.
3. In Sec. 180.121, in the table to paragraph (e), EPA is removing
one of the two duplicate entries for ``Peach.''
4. In Sec. 180.163, in the table to paragraph (a), EPA is removing
the entry for ``Hay, spearmint'' at 25 ppm. A tolerance is established
for the appropriate commodity term ``Spearmint, tops'' at 25 ppm.
5. In Sec. 180.220, in the table to paragraph (a)(1), EPA is
removing one of the two duplicate entries for ``Wheat, straw.''
6. In Sec. 180.213, in the table to paragraph (a)(1), EPA is
removing the entry for ``Alfalfa'' at 15 ppm. Tolerances are
established for the appropriate commodities ``Alfalfa, forage'' at 15
ppm and ``Alfalfa, hay'' at 15 ppm.
7. In Sec. 180.213, in the table to paragraph (a)(1) EPA is making
the following changes:
i. EPA is removing the entry for ``Bermuda grass'' at 15 ppm.
Tolerances are established for the appropriate commodities
``Bermudagrass, forage'' at 15 ppm and ``Bermudagrass, hay'' at 15 ppm.
ii. EPA is also removing the entry for ``Grass'' at 15 ppm.
Tolerances are established for the appropriate commodities ``Grass,
forage'' at 15 ppm and ``Grass, hay'' at 15 ppm.
8. In Sec. 180.227, in the table to paragraph (a)(1), EPA is
making the following changes:
i. EPA is removing the entry for ``Corn, forage'' at 0.05 ppm. A
tolerance is established for the appropriate commodity ``Corn, field,
forage'' at 3.0 ppm.
ii. EPA is also removing the entry for ``Corn, stover'' at 0.5 ppm.
Tolerances are established for the appropriate commodities ``Corn,
field, stover'' at 3.0 ppm and ``Corn, pop, stover'' at 3.0 ppm.
9. In Sec. 180.253, in the table to paragraph (a), EPA is removing
one of the two duplicate entries for ``Rye, forage.''
10. In Sec. 180.324, in the table to paragraph (a)(1), EPA is
removing one of the two duplicate entries for ``Corn, field, stover.''
11. In Sec. 180.408, in the table to paragraph (a), EPA is
removing one of the two duplicate entries for ``Peanut, hay;'' in the
table to paragraph (d) EPA is removing one of two identical entries for
``Oat, straw;'' and ``Wheat, straw.''
12. In Sec. 180.462, the table to paragraph (a), EPA is removing
the entry for ``Corn, forage''.
13. In Sec. 180.484, the table to paragraph (a)(1), EPA is
removing the entry for ``Goat, milk``; ``Hog, milk'' and ``Horse,
milk'' at 0.05 ppm. A tolerance is established for the appropriate
commodity ``Milk''at 0.05 ppm.
B. 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 rule without providing
notice and an opportunity for public comment. EPA has determined that
there is good cause for making today's technical
[[Page 35665]]
amendment final without prior proposal and opportunity for comment. A
complete description of the types of changes that are being made has
been provided above. EPA has determined that there is no need for
public comment on such ministerial changes and thus that there is good
cause under 5 U.S.C. 553(b)(B) for dispensing with public comment.
While EPA believes that it has correctly identified all instances where
these above-listed revisions need to be made, the Agency would
appreciate readers notifying EPA of discrepancies, omissions, or
technical problems by submitting them to the address or e-mail under
FOR FURTHER INFORMATION CONTACT. These will be corrected in a future
rule.
III. Statutory and Executive Order Reviews
This final rule makes technical amendments to the Code of Federal
Regulations which have no substantive impact on the underlying
regulations, and it does not otherwise impose or amend any
requirements. As such, the Office of Management and Budget (OMB) has
determined that a technical amendment is not a ``significant regulatory
action'' subject to review by OMB under Executive Order 12866, entitled
Regulatory Planning and Review (58 FR 51735, October4, 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). The Regulatory Flexibility
Act (RFA) (5 U.S.C. 601et seq.) generally requires an agency to prepare
a regulatory flexibility analysis of any rule subject to notice and
comment rulemaking requirements under the Administrative Procedure Act
or any other statute unless the agency certifies that the rule will not
have a significant impact on a substantial number of small entities.
Small entities include small businesses, small organizations, and small
governmental organizations. After considering the economic impacts of
today's final rule on small entities, I certify that this action will
not have a significant economic impact on a substantial number of small
entities. This action makes technical amendments to the Code of Federal
Regulations which have no substantive impact on the underlying
regulations. This technical amendment will not have any negative
economic impact on any entities, including small entities. 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 the 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''
isdefined 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 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).
Lists of Subjects in 40 CFR Part 180
Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pest, Reporting and
recordkeeping requirements.
Dated: June 15, 2007.
Debra Edwards,
Director, Office of Pesticide Programs.
0
Therefore, 40 CFR chapter I, part 180 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. Part 180 is amended as follows:
------------------------------------------------------------------------
In Section In paragraph Remove the entry
------------------------------------------------------------------------
180.111 (a)(1) table Almonds, shells
------------------------------------------------------------------------
[[Page 35666]]
180.163 (a) table Hay, spearmint
------------------------------------------------------------------------
180.213 (a)(1) table Alfalfa
------------------------------------------------------------------------
180.213 (a)(1) table Bermuda grass
------------------------------------------------------------------------
180.213 (a)(1) table Grass
------------------------------------------------------------------------
180.227 (a)(1) table Corn, forage
------------------------------------------------------------------------
180.227 (a)(1) table Corn, stover
------------------------------------------------------------------------
180.462 (a) table Corn, forage
------------------------------------------------------------------------
180.484 (a)(1) table Goat, milk
------------------------------------------------------------------------
180.484 (a)(1) table Hog, milk
------------------------------------------------------------------------
180.484 (a)(1) table Horse, milk
------------------------------------------------------------------------
Sec. 180.106 [Amended]
0
3. In Sec. 180.106 the table to paragraph (a)(1), by removing one of
the two entries for ``Rye, forage.''
Sec. 180.121 [Amended]
0
4. In Sec. 180.121, the table to paragraph (e), by removing one of the
two entries for ``Peach.''
Sec. 180.220 [Amended]
0
5. In Sec. 180.220, the table to paragraph (a)(1), by removing one of
the two entries for ``Wheat, straw.''
Sec. 180.253 [Amended]
0
6. In Sec. 180.253, the table to paragraph (a), by removing one of the
two entries for ``Rye, forage.''
Sec. 180.324 [Amended]
0
7. In Sec. 180.324, the table to paragraph (a)(1), by removing one of
the two entries for ``Corn, field, stover.''
Sec. 180.408 [Amended]
0
8. In Sec. 180.408, the table to paragraph (a), by removing one of the
two entries for ``Peanut, hay;'' and in the table to paragraph (d) by
removing one of the two entries for ``Oat, straw;'' and one of the two
entries for ``Wheat, straw.''
[FR Doc. E7-12645 Filed 6-28-07; 8:45 a.m.]
BILLING CODE 6560-50-S