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Federal Register / Vol. 71, No.

55 / Wednesday, March 22, 2006 / Rules and Regulations 14409

Dated: March 13, 2006. ADDRESSES: To submit a written greenhouse, nursery, and floriculture
Lois Rossi, objection or hearing request follow the workers; residential users.
Director, Registration Division, Office of detailed instructions as provided in This listing is not intended to be
Pesticide Programs. Unit IV. of the SUPPLEMENTARY exhaustive, but rather provides a guide
■Therefore, 40 CFR chapter I is INFORMATION. EPA has established a for readers regarding entities likely to be
amended as follows: docket for this action under Docket affected by this action. Other types of
identification (ID) number EPA–HQ– entities not listed in this unit could also
PART 180—[AMENDED] OPP–2006–0168. All documents in the be affected. The North American
docket are listed on the Industrial Classification System
■ 1. The authority citation for part 180 (NAICS) codes have been provided to
www.regulations.gov web site.
continues to read as follows: assist you and others in determining
EDOCKET, EPA’s electronic public
Authority: 21 U.S.C. 321(q), 346a and 371. docket and comment system was whether this action might apply to
■ 2. Section 180.472 is amended by replaced on November 25, 2005, by an certain entities. If you have any
alphabetically adding commodities to enhanced Federal-wide electronic questions regarding the applicability of
the table in paragraph (a) to read as docket management and comment this action to a particular entity, consult
follows: system located at http:// the person listed under FOR FURTHER
www.regulations.gov/. Follow the on- INFORMATION CONTACT.
§ 180.472 Imidacloprid; tolerances for line instructions. Although listed in the
B. How Can I Access Electronic Copies
index, some information is not publicly of this Document and Other Related
(a)* * * available, i.e., CBI or other information Information?
whose disclosure is restricted by statute.
Parts per Certain other material, such as In addition to using EDOCKET (http://
Commodity million www.epa.gov/edocket/), you may access
copyrighted material, is not placed on
this Federal Register document
* * * * * the Internet and will be publicly
electronically through the EPA Internet
available only in hard copy form.
under the ‘‘Federal Register’’ listings at
Oats, forage .............................. a2.0 Publicly available docket materials are
Oats, grain ................................ 0.05 http://www.epa.gov/fedrgstr/. A
available either electronically in
Oats, hay .................................. 6.0 frequently updated electronic version of
EDOCKET or in hard copy at the Public
Oats, straw ............................... 3.0 40 CFR part 180 is available on E-CFR
Information and Records Integrity
* * * * * Beta Site Two at http://
Branch (PIRIB), Rm. 119, Crystal Mall
Rye, forage ............................... 2.0 #2, 1801 S. Bell St., Arlington, VA. This
Rye, grain ................................. 0.05 docket facility is open from 8:30 a.m. to II. Background and Statutory Findings
Rye, hay ................................... 6.0 4 p.m., Monday through Friday, In the Federal Register of December
Rye, straw ................................. 3.0 excluding legal holidays. The docket 30, 2005 (70 FR 77363-77371) (FRL–
telephone number is (703) 305–5805. 7752–1), EPA issued a proposed rule
* * * * * FOR FURTHER INFORMATION CONTACT: Olga pursuant to section 408(d)(3) of FFDCA,
[FR Doc. 06–2712 Filed 3–21–06; 8:45 am] Odiott, Registration Division (7505C), 21 U.S.C. 346a(d)(3), proposing that 40
BILLING CODE 6560–50–S Office of Pesticide Programs, CFR Part 180 be amended by
Environmental Protection Agency, 1200 establishing tolerances for combined
Pennsylvania Ave., NW., Washington, residues of the insecticide hexythiazox
ENVIRONMENTAL PROTECTION DC 20460–0001; telephone number: and its metabolites containing the (4-
AGENCY (703) 308–9369; e-mail chlorophenyl)-4-methyl-2-oxo-3-
40 CFR Part 180 address:odiott.olga@epa.gov. thiazolidine moiety (expressed as
parent), in or on grape at 0.75 ppm;
[EPA–HQ–OPP–2006–0168; FRL–7768–3] citrus fruit, crop group 10 (CA, AZ, TX
I. General Information only) at 0.35 ppm; citrus, oil at 0.90
Hexythiazox; Pesticide Tolerances ppm; citrus, dried pulp at 1.5 ppm;
A. Does this Action Apply to Me?
AGENCY: Environmental Protection fruit, pome, group 11 at 1.7 ppm; apple,
Agency (EPA). You may be potentially affected by wet pomace at 2.5 ppm; and cattle,
ACTION: Final rule. this action if you are an agricultural sheep, goat, and horse meat byproducts
producer, food manufacturer, or at 0.12 ppm. That notice followed a
SUMMARY: This regulation establishes pesticide manufacturer. Potentially notice of filing (Federal Register of June
tolerances for combined residues of affected entities may include, but are 1, 2005, 70 FR, 31455–31459, FRL–
hexythiazox (trans-5-(4-chlorophenyl)- not limited to: 7711–8) of a pesticide petition (PP
N-cyclohexyl-4-methyl-2- • Crop production (NAICS 111), e.g., 3F6569) by Gowan Company, the
oxothiazolidine-3-carboxamide) and its agricultural workers; greenhouse, registrant.
metabolites containing the (4- nursery, and floriculture workers; There was one comment received on
chlorophenyl)-4-methyl-2-oxo-3- farmers. the proposal. The commenter, B.
thiazolidine moiety (expressed as • Animal production (NAICS 112), Sachua, requested that a zero tolerance
parent) in or on grape; citrus fruit, crop e.g., cattle ranchers and farmers, dairy be set for hexythiazox based on the
group 10 (CA, AZ, TX only); citrus, oil; cattle farmers, livestock farmers. commenter’s generalized criticisms of
citrus, dried pulp; fruit, pome, group 11; • Food manufacturing (NAICS 311), EPA’s risk assessment process and
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apple, wet pomace; and cattle, sheep, e.g., agricultural workers; farmers; EPA’s alleged ‘‘poor record on keeping
goat, and horse meat byproducts. greenhouse, nursery, and floriculture tabs of incident reports of negative
DATES: This regulation is effective workers; ranchers; pesticide applicators. reports from use of pesticides. . . .’’ EPA
March 22, 2006. Objections and requests • Pesticide manufacturing (NAICS has responded to B. Sachua’s
for hearings must be received on or 32532), e.g., agricultural workers; generalized comments on several
before May 22, 2006. commercial applicators; farmers; occasions. (See the Federal Register of

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14410 Federal Register / Vol. 71, No. 55 / Wednesday, March 22, 2006 / Rules and Regulations

January 7, 2005 (70 FR 1349, 1354) reflect the amendments made to FFDCA Unit IV.A., you should also send a copy
(FRL–7691–4) and the Federal Register by FQPA, EPA will continue to use of your request to the PIRIB for its
of October 29, 2004 (69 FR 63083, those procedures, with appropriate inclusion in the official record that is
63096) (FRL–7681–9). As to EPA’s adjustments, until the necessary described in ADDRESSES. Mail your
handling of incident reports, the Agency modifications can be made.The new copies, identified by docket ID number
uses information from various reporting section 408(g) of FFDCA provides EPA–HQ–OPP–2006–0168, to: Public
systems, including the National Institute essentially the same process for persons Information and Records Integrity
of Occupational Safety and Health’s to ‘‘object’’ to a regulation for an Branch, Information Technology and
Sentinel Event Notification System for exemption from the requirement of a Resources Management Division
Occupational Risks (NIOSH SENSOR), tolerance issued by EPA under new (7502C), Office of Pesticide Programs,
the National Pesticide Information section 408(d) of FFDCA, as was Environmental Protection Agency, 1200
Center (NPIC), Poison Control Centers, provided in the old sections 408 and Pennsylvania Ave., NW., Washington,
the California Department of Pesticide 409 of FFDCA. However, the period for DC 20460–0001. In person or by courier,
Regulation, and OPP Incident Data filing objections is now 60 days, rather bring a copy to the location of the PIRIB
System to track and evaluate pesticide than 30 days. described in ADDRESSES. Please use an
incident reports. These systems collect ASCII file format and avoid the use of
A. What Do I Need to Do to File an
data from various sources including special characters and any form of
Objection or Request a Hearing?
Federal and State health and encryption. Copies of electronic
environmental agencies, and individual You must file your objection or objections and hearing requests will also
consumers. In addition, Federal law request a hearing on this regulation in be accepted on disks in WordPerfect
requires registrants of pesticides to accordance with the instructions 6.1/8.0 or ASCII file format. Do not
inform the Agency about harmful effects provided in this unit and in 40 CFR part include any CBI in your electronic copy.
of their products. EPA specialists 178. To ensure proper receipt by EPA, You may also submit an electronic copy
analyze the human and animal incident you must identify docket ID number of your request at many Federal
reports to determine if there is sufficient EPA–HQ–OPP–2006–0168 in the subject Depository Libraries.
evidence to challenge the safety of a line on the first page of your
submission. All requests must be in B. When Will the Agency Grant a
registered pesticide product and take
writing, and must be mailed or Request for a Hearing?
action to reduce or eliminate the risks.
Many of the incident reports gathered delivered to the Hearing Clerk on or A request for a hearing will be granted
from these sources represent anecdotal, before May 22, 2006. if the Administrator determines that the
not verifiable information. Nevertheless, 1. Filing the request. Your objection material submitted shows the following:
unusual risk patterns observed and must specify the specific provisions in There is a genuine and substantial issue
documented from these anecdotal the regulation that you object to, and the of fact; there is a reasonable possibility
reports prompt further evaluation by the grounds for the objections (40 CFR that available evidence identified by the
Agency and may lead to risk mitigation 178.25). If a hearing is requested, the requestor would, if established resolve
measures to assure that pesticides do objections must include a statement of one or more of such issues in favor of
not result in unsafe residues in food or the factual issue(s) on which a hearing the requestor, taking into account
cause unreasonable risks when they are is requested, the requestor’s contentions uncontested claims or facts to the
used according to label directions and on such issues, and a summary of any contrary; and resolution of the factual
precautions. evidence relied upon by the objector (40 issue(s) in the manner sought by the
EPA’s aggregate assessment of CFR 178.27). Information submitted in requestor would be adequate to justify
exposures and risks associated with connection with an objection or hearing the action requested (40 CFR 178.32).
establishing the proposed tolerances for request may be claimed confidential by
V. Statutory and Executive Order
hexythiazox are discussed in the marking any part or all of that
Federal Register of December 30, 2005 information as CBI. Information so
(70 FR 77363–77371) (FRL–7752–1). marked will not be disclosed except in This final rule establishes a tolerance
accordance with procedures set forth in under section 408(d) of FFDCA in
III. Conclusion 40 CFR part 2. A copy of the response to a petition submitted to the
Based on the risk assessments information that does not contain CBI Agency. The Office of Management and
discussed in the proposed rule and the must be submitted for inclusion in the Budget (OMB) has exempted these types
findings made therein there is public record. Information not marked of actions from review under Executive
reasonable certainty that no harm will confidential may be disclosed publicly Order 12866, entitled Regulatory
result to the U.S. population and to by EPA without prior notice. Planning and Review (58 FR 51735,
infants and children from aggregate Mail your written request to: Office of October 4, 1993). Because this rule has
exposure to residues of hexythiazox. the Hearing Clerk (1900L), been exempted from review under
Therefore, tolerances are established as Environmental Protection Agency, 1200 Executive Order 12866 due to its lack of
set forth below. Pennsylvania Ave., NW., Washington, significance, this rule is not subject to
DC 20460–0001. You may also deliver Executive Order 13211, Actions
IV. Objections and Hearing Requests your request to the Office of the Hearing Concerning Regulations That
Under section 408(g) of FFDCA, as Clerk in Suite 350, 1099 14th St., NW., Significantly Affect Energy Supply,
amended by FQPA, any person may file Washington, DC 20005. The Office of Distribution, or Use (66 FR 28355, May
an objection to any aspect of this the Hearing Clerk is open from 8 a.m. 22, 2001). This final rule does not
regulation and may also request a to 4 p.m., Monday through Friday, contain any information collections
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hearing on those objections. The EPA excluding legal holidays. The telephone subject to OMB approval under the
procedural regulations which govern the number for the Office of the Hearing Paperwork Reduction Act (PRA), 44
submission of objections and requests Clerk is (202) 564–6255. U.S.C. 3501 et seq., or impose any
for hearings appear in 40 CFR part 178. 2. Copies for the Docket. In addition enforceable duty or contain any
Although the procedures in those to filing an objection or hearing request unfunded mandate as described under
regulations require some modification to with the Hearing Clerk as described in Title II of the Unfunded Mandates

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Federal Register / Vol. 71, No. 55 / Wednesday, March 22, 2006 / Rules and Regulations 14411

Reform Act of 1995 (UMRA) (Public Order 13175, requires EPA to develop ‘‘pear;’’ by adding alphabetically entries
Law 104–4). Nor does it require any an accountable process to ensure for ‘‘citrus, dried pulp;’’ ‘‘citrus, oil;’’
special considerations under Executive ‘‘meaningful and timely input by tribal ‘‘fruit, pome, group 11;’’ and ‘‘grape;’’
Order 12898, entitled Federal Actions to officials in the development of and by revising the entries for ‘‘apple,
Address Environmental Justice in regulatory policies that have tribal wet pomace;’’ ‘‘cattle, meat
Minority Populations and Low-Income implications.’’ ‘‘Policies that have tribal byproducts;’’ ‘‘goat, meat byproducts;’’
Populations (59 FR 7629, February 16, implications’’ is defined in the ‘‘horse, meat byproducts;’’ and ‘‘sheep,
1994); or OMB review or any Agency Executive Order to include regulations meat byproducts.’’
action under Executive Order 13045, that have ‘‘substantial direct effects on ■ b. In the table to paragraph (c) by
entitled Protection of Children from one or more Indian tribes, on the adding an entry for ‘‘fruit, citrus group
Environmental Health Risks and Safety relationship between the Federal 10 ( CA, AZ, TX only).’’
Risks (62 FR 19885, April 23, 1997). Government and the Indian tribes, or on
§ 180.448 Hexythiazox; tolerances for
This action does not involve any the distribution of power and residues.
technical standards that would require responsibilities between the Federal
(a) * * *
Agency consideration of voluntary Government and Indian tribes.’’ This
consensus standards pursuant to section rule will not have substantial direct Parts per
12(d) of the National Technology effects on tribal governments, on the Commodity million
Transfer and Advancement Act of 1995 relationship between the Federal
(NTTAA), Public Law 104–113, section Government and Indian tribes, or on the * * * * *
12(d)(15 U.S.C. 272 note). Pursuant to distribution of power and Apple, wet pomace ................... 2.5
responsibilities between the Federal * * * * *
the Regulatory Flexibility Act (RFA) (5 Cattle, meat byproducts ........... 0.12
U.S.C. 601 et seq.), the Agency hereby Government and Indian tribes, as
Citrus, dried pulp ...................... 1.5
certifies that this action will not have specified in Executive Order 13175. Citrus, oil ................................... 0.90
significant negative economic impact on Thus, Executive Order 13175 does not * * * * *
a substantial number of small entities. apply to this rule. Fruit, pome, group 11 ............... 1.7
Establishing a tolerance, in effect, VI. Congressional Review Act * * * * *
removes the statutory bar on the use of Goat, meat byproducts ............. 0.12
a pesticide on the specified crops and The Congressional Review Act, 5 Grape ........................................ 0.75
thus has no negative economic impact. U.S.C. 801 et seq., as added by the Small * * * * *
Business Regulatory Enforcement Horse, meat byproducts ........... 0.12
In addition, the Agency has determined * * * * *
that this action will not have a Fairness Act of 1996, generally provides
that before a rule may take effect, the Sheep, meat byproducts .......... 0.12
substantial direct effect on States, on the * * * * *
relationship between the national agency promulgating the rule must
government and the States, or on the submit a rule report, which includes a
copy of the rule, to each House of the * * * * *
distribution of power and (c) * * *
responsibilities among the various Congress and to the Comptroller General
levels of government, as specified in of the United States. EPA will submit a Commodity Parts per million
Executive Order 13132, entitled report containing this rule and other
Federalism (64 FR 43255, August 10, required information to the U.S. Senate, * * * * *
1999). Executive Order 13132 requires the U.S. House of Representatives, and Fruit, citrus
the Comptroller General of the United group 10
EPA to develop an accountable process (CA, AZ,
to ensure ‘‘meaningful and timely input States prior to publication of this final
rule in the Federal Register. This final TX only) ... 0.35
by State and local officials in the
development of regulatory policies that rule is not a ‘‘major rule’’ as defined by
5 U.S.C. 804(2). * * * * *
have federalism implications.’’ ‘‘Policies
that have federalism implications’’ is [FR Doc. 06–2632 Filed 3–21–06; 8:45 am]
List of Subjects in 40 CFR Part 180
defined in the Executive Order to Environmental protection,

include regulations that have Administrative practice and procedure,

‘‘substantial direct effects on the States, Agricultural commodities, Pesticides
on the relationship between the national ENVIRONMENTAL PROTECTION
and pests, Reporting and recordkeeping AGENCY
government and the States, or on the requirements.
distribution of power and 40 CFR Part 180
responsibilities among the various Dated: March 13, 2006.
levels of government.’’ This final rule Lois Rossi, [EPA–HQ–OPP–2005–0251; FRL–7760–6]
directly regulates growers, food Director, Registration Division, Office of
processors, food handlers and food Pesticide Programs. Inert Ingredients; Revocation of 29
retailers, not States. This action does not ■Therefore, 40 CFR chapter I is Pesticide Tolerance Exemptions for 27
alter the relationships or distribution of amended as follows: Chemicals
power and responsibilities established AGENCY: Environmental Protection
by Congress in the preemption PART 180—[AMENDED] Agency (EPA).
provisions of section 408(n)(4) of ■ 1. The authority citation for part 180 ACTION: Final rule.
FFDCA. For these same reasons, the continues to read as follows:
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Agency has determined that this rule SUMMARY: EPA is revoking 29

Authority: 21 U.S.C. 321(q), 346a and 371. exemptions from the requirement of a
does not have any ‘‘tribal implications’’
as described in Executive Order 13175, ■ 2. Section 180.448 is amended as tolerance that are associated with 27
entitled Consultation and Coordination follows: inert ingredients because these
with Indian Tribal Governments (65 FR ■ a. In the table to paragraph (a) by substances are no longer contained in
67249, November 6, 2000). Executive removing the entries for ‘‘apple’’ and active Federal Insecticide, Fungicide,

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