[Federal Register Volume 70, Number 244 (Wednesday, December 21, 2005)]
[Rules and Regulations]
[Pages 75734-75739]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-24322]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2005-0292]; FRL-7749-4]


Extension of Tolerances for Emergency Exemptions (Multiple 
Chemicals)

AGENCY: Environmental Protection Agency (EPA).

[[Page 75735]]


ACTION: Final rule.

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SUMMARY: This regulation extends time-limited tolerances for the 
pesticides listed in Unit II. of the SUPPLEMENTARY INFORMATION. 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 21, 2005. Objections and 
requests for hearings must be received on or before February 21, 2006.

ADDRESSES: To submit a written objection or hearing request follow the 
detailed instructions as provided in Unit III. of the SUPPLEMENTARY 
INFORMATION. EPA has established a docket for this action under Docket 
ID number EPA-HQ-OPP-2005-0292. All documents in the docket are on the 
www.regulations.gov web site. (EDOCKET, EPA's electronic public docket 
and comment system was replaced on November 25, 2005, by an enhanced 
federal-wide electronic docket management and comment system located at 
http://www.regulations.gov/. Follow the on-line instructions.) Although 
listed in the index, some information is not publicly available, i.e., 
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 electronically 
through www.regulations.gov or in hard copy at the Public Information 
and Records Integrity Branch (PIRIB), Rm. 119, Crystal Mall 2, 
1801 S. Bell St., Arlington, VA. This 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: 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 
(7505C), Office of Pesticide Programs, Environmental Protection Agency, 
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001.

------------------------------------------------------------------------
           Pesticide/CFR cite                     Contact person
------------------------------------------------------------------------
Diflubenzuron, 180.377;                   Libby Pemberton
Maneb, 180.110;.........................  [email protected]
Propiconazole, 180.434;.................  (703) 308-9364
Tebuconazole, 180.474...................
-----------------------------------------
Lambda-cyhalothrin, 180.438;              Andrew Ertman
Spinosad, 180.495.......................  [email protected]
                                          (703) 308-9367
-----------------------------------------
Methoxyfenozide, 180.544                  Stacey Milan Groce
                                          [email protected]
                                          (703) 305-2505
-----------------------------------------
Difenoconazole, 180.475;                  Andrea Conrath
Fenbuconazole, 180.480;.................  [email protected]
Thiophanate methyl, 180.371.............  (703) 308-9356
------------------------------------------------------------------------


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 Access Electronic Copies of this Document and Other 
Related Information?

    In addition to using EDOCKET (http://www.epa.gov/edocket/), you may 
access this Federal Register document electronically through the EPA 
Internet under the ``Federal Register'' listings at http://www.epa.gov/fedrgstr/. A frequently updated electronic version of 40 CFR part 180 
is available at E-CFR Beta Site Two at http://www.gpoaccess.gov/ecfr/.

II. Background and Statutory Findings

    EPA published final rules in the Federal Register for each 
chemical/commodity listed. The initial issuance of these final rules 
announced that EPA, on its own initiative, under section 408 of the 
FFDCA, 21 U.S.C. 346a, as amended by the Food Quality Protection Act of 
1996 (FQPA) (Public Law 104-170) was establishing time-limited 
tolerances.
    EPA established the tolerances because section 408(l)(6) of the 
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 chemical/commodity. In doing so, 
EPA considered the safety

[[Page 75736]]

standard in section 408(b)(2) of the FFDCA, and decided that the 
necessary tolerance under section 408(l)(6) of the 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 the 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 the 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:
    Difenoconazole. EPA has authorized under FIFRA section 18 the use 
of difenoconazole on sweet corn seed for control of various fungal 
diseases in Colorado and Idaho. This regulation extends time-limited 
tolerances for residues of the fungicide difenoconazole, (2S,4R)/
(2R,4S)/(2R,4R)/(2S,4S)]1-[2-[4- (4-chlorophenoxy)-2-chlorophenyl]-4-
methyl-1,3-dioxolan-2-yl-methyl]- 1H-1,2,4-triazole in or on sweet corn 
seed, forage, and stover at 0.1 part per million (ppm) for an 
additional 3-year period. These tolerances will expire and are revoked 
on December 31, 2008. Time-limited tolerances were originally published 
in the Federal Register of September 1, 1999 (64 FR 47680) (FRL-6094-
3).
    Diflubenzuron. EPA has authorized under FIFRA section 18 the use of 
diflubenzuron on wheat and barley for control of grasshoppers in 
Montana, Washington, and Idaho. This regulation extends time-limited 
tolerances for combined residues of the insecticide diflubenzuron, N-
[[(4-chlorophenyl)amino]carbonyl]-2,6- difluorobenzamide and its 
metabolites 4-chlorophenlyurea and 4-chloroaniline (CPU) and (PCA) in 
or on wheat and barley grain at 0.05 ppm, wheat and barley straw at 
0.50 ppm, wheat and barley hay at 1.0 ppm, wheat milled byproducts at 
0.10 ppm, and aspirated grain fractions at 30 ppm for an additional 3-
year period. These tolerances will expire and are revoked on December 
31, 2008. Time-limited tolerances were originally published in the 
Federal Register of August 27, 2003 (68 FR 51479) (FRL-7323-1).
    Fenbuconazole. EPA has authorized under FIFRA section 18 the use of 
fenbuconazole on grapefruit for control of greasy spot disease in 
Florida. This regulation extends time-limited tolerances for combined 
residues of the fungicide fenbuconazole and its metabolites RH-9129 and 
RH-9130, expressed as the parent fenbuconazole, in or on whole 
grapefruit at 0.5 ppm, at 4.0 ppm in/on dried grapefruit, at 35 ppm in/
on grapefruit oil; and at 0.1 ppm in/on meat and meat by-products of 
cattle, goats, hogs, horses, and sheep for an additional 3-year period. 
These tolerances will expire and are revoked on December 31, 2008. 
Time-limited tolerances were originally published in the Federal 
Register of January 29, 1999 (64 FR 4577) (FRL6054-3).
    Lambda-cyhalothrin. EPA has authorized under FIFRA section 18 the 
use of lambda-cyhalothrin on barley for control of the Russian wheat 
aphid and cutworms in Idaho, Colrado, Wyoming and Montana. This 
regulation extends time-limited tolerances for combined residues of the 
pyrethroid lambda-cyhalothrin, 1:1 mixture of (S)-[alpha]-cyano-3-
phenoxybenzyl-(Z)- (1R,3R)-3-(2-chloro-3,3,3-trifluoroprop-1-enyl) -
2,2-dimethylcyclopropanecarboxylate and (R)-[alpha]-cyano-3-
phenoxybenzyl- (Z)-(1S,3S)-3-(2-chloro-3,3,3- trifluoroprop-1- enyl)-
2,2-dimethylcyclopropanecarboxylate and its epimer expressed as epimer 
of lambda-cyhalothrin, a 1:1 mixture of (S)-[alpha]-cyano-3- 
phenoxybenzyl-(Z)-(1S,3S) -3-(2-chloro-3,3,3-trifluoroprop-1-enyl) -
2,2-dimethylcyclopropanecarboxylate and (R)-[alpha]-cyano-3- 
phenoxybenzyl-(Z)-(1R,3R)-3-(2-chloro-3,3,3- trifluoroprop-1-enyl)- 
2,2-dimethylcyclopropanecarboxylate in or on barley grain at 0.05 ppm, 
barley bran at 0.2 ppm, and barley hay and straw at 2.0 ppm for an 
additional 3-year period. These tolerances will expire and are revoked 
on December 31, 2008. Time-limited tolerances were originally published 
in the Federal Register of October 29, 1997 (62 FR 56095) (FRL-5745-5).
    Lambda-cyhalothrin. EPA has authorized under FIFRA section 18 the 
use of lambda-cyhalothrin on alfalfa/clover/grass mixed stands for 
control of potato leafhoppers in New York. This regulation extends 
time-limited tolerances for combined residues of the pyrethroid lambda-
cyhalothrin, 1:1 mixture of (S)-[alpha]-cyano-3-phenoxybenzyl-(Z)-
(1R,3R)-3-(2-chloro-3,3,3-trifluoroprop-1-enyl)-2,2-
dimethylcyclopropanecarboxylate and (R)-[alpha]-cyano-3-phenoxybenzyl- 
(Z)-(1S,3S)-3-(2-chloro-3,3,3- trifluoroprop-1- enyl)-2,2-
dimethylcyclopropanecarboxylate and its epimer expressed as epimer of 
lambda-cyhalothrin, a 1:1 mixture of (S)-[alpha]-cyano-3- 
phenoxybenzyl-(Z)-(1S,3S) -3-(2-chloro-3,3,3-trifluoroprop-1-enyl) -
2,2-dimethylcyclopropanecarboxylate and (R)-[alpha]-cyano-3- 
phenoxybenzyl-(Z)-(1R,3R)-3-(2-chloro-3,3,3- trifluoroprop-1-enyl)- 
2,2-dimethylcyclopropanecarboxylate in or on Clover, forage at 5.0 ppm; 
Clover, hay at 6.0 ppm; Grass, forage at 5.0 ppm; and Grass, hay at 6.0 
ppm for an additional 3-year period. These tolerances will expire and 
are revoked on December 31, 2008. Time-limited tolerances were 
originally published in the Federal Registers of January 3, 2003 (68 FR 
283) (FRL-7285-2) and September 3, 2003 (68 FR 52354)(FRL-7321-3).
    Lambda-cyhalothrin. EPA has authorized under FIFRA section 18 the 
use of lambda-cyhalothrin on wild rice for control of rice worms in 
Minnesota. This regulation extends a time-limited tolerance for 
combined residues of the pyrethroid lambda-cyhalothrin, 1:1 mixture of 
(S)-[alpha]-cyano-3-phenoxybenzyl-(Z)- (1R,3R)-3-(2-chloro-3,3,3- 
trifluoroprop-1-enyl)-2,2-dimethylcyclopropanecarboxylate and (R)-
[alpha]-cyano-3-phenoxybenzyl- (Z)-(1S,3S)-3-(2-chloro-3,3,3- 
trifluoroprop-1- enyl)-2,2-dimethylcyclopropanecarboxylate and its 
epimer expressed as epimer of lambda-cyhalothrin, a 1:1 mixture of (S)-
[alpha]-cyano-3- phenoxybenzyl-(Z)-(1S,3S) -3-(2-chloro-3,3,3-
trifluoroprop-1-enyl) -2,2-dimethylcyclopropanecarboxylate and (R)-
[alpha]-cyano-3- phenoxybenzyl-(Z)-(1R,3R)-3-(2-chloro-3,3,3- 
trifluoroprop-1-enyl)- 2,2-dimethylcyclopropanecarboxylate in or on 
rice, wild at 1.0 ppm for an additional 3-year period. These tolerances 
will expire and are revoked on December 31, 2008. The time-limited 
tolerance was originally published in

[[Page 75737]]

the Federal Register of January 3, 2003 (68 FR 283) (FRL-7285-2).
    Maneb. EPA has authorized under FIFRA section 18 the use of maneb 
on walnuts for control of bacterial blight in California. This 
regulation extends a time-limited tolerance for combined residues of 
the fungicide maneb (manganous ethylenebisdithiocarbamate) calculated 
as zinc ethylenebisdithiocarbamate, and its metabolite ethylenethiourea 
in or on walnuts at 0.05 ppm for an additional 1-year period. This 
tolerance will expire and is revoked on December 31, 2008. A time-
limited tolerance was originally published in the Federal Register on 
March 17, 1999 (64 FR 13097) (FRL-6067-9).
    Methoxyfenozide. EPA has authorized under FIFRA section 18 the use 
of methoxyfenozide on soybeans for control of soybean loopers and salt 
marsh catepillars in Mississippi, Louisiana, and Arkansas. This 
regulation extends a time-limited tolerance for residues of the 
insecticide methoxyfenozide, benzoic acid, 3-methoxy-2-methyl-2-(3,5- 
dimethylbenzoyl)-2-(1,1-dimethylethyl)hydrazide in or on soybean 
aspirated grain fractions at 20 ppm, soybean seed at 0.04 ppm, soybean 
forage at 10 ppm, soybean hay at 75 ppm, and soybean refined oil at 1.0 
ppm for an additional 2-year period. These tolerances will expire and 
are revoked on December 31, 2007. Time-limited tolerances were 
originally published in the Federal Register on November 2, 2001 (66 FR 
55585) (FRL-6806-4).
    Propiconazole. EPA has authorized under FIFRA section 18 the use of 
propiconazole on cranberries for control of cottonball disease in 
Wisconsin. This regulation extends a time-limited tolerance for 
combined residues of the fungicide propiconazole, 1-[[2-(2,4-
dichlorophenyl)-4-propyl-1,3-dioxolan-2-yl]methyl]-1H-1,2,4-triazole 
and its metabolites determined as 2,4-dichlorobenzoic acid and 
expressed as parent compound in or on cranberry for an additional two-
year period. This tolerance will expire and is revoked on December 31, 
2007. A time-limited tolerance was originally published in the Federal 
Register on April 11, 1997 (62 FR 17710) (FRL-5600-5).
    Spinosad. EPA has authorized under FIFRA section 18 the use of 
spinosad on alfalfa for control of armyworms in New Mexico and on 
pastureland and rangeland for control of armyworms in Arkansas, 
Mississippi, and Oregon. This regulation extends time-limited 
tolerances for combined residues of the insecticide spinosad, Factor A 
is 2-[(6-deoxy-2,3,4-tri-O -methyl-o-L-mannopyranosyl)oxy]-13-[[5-
(dimethlamino) -tetrahydro-6-methyl-2H-pyran-2- yl]oxy]9-ethyl-
2,3,3a,5a,6,9,10,11,12,13,14,16a,6b, tetradecahydro-14-methyl-1H-as-
Indaceno [3,2d]oxacyclododecin-7,15-dione. Factor D is 2-[6-deoxy-
2,3,4-tri-O-methyl -o-L-mannopyranosyl)oxy]13-[[5-(dimethylamino) -
tetrahydri-6-methyl-2H-pyran-2-yl]oxy]-9-ethyl -
2,3,3a,5a,5b,6,9,10,11,12,13,14,16a,16b- tetradecahydro-4,14,dimethyl-
1H-as- Indaceno[3,2d]oxacyclododecin-7,15-dione. in or on alfalfa 
forage at 4.0 ppm; alfalfa hay at 4.0 ppm; grass forage at 7.0 ppm; and 
grass hay at 7.0 ppm; for an additional 3-year period. These tolerances 
will expire and are revoked on December 31, 2008. A time-limited 
tolerance was originally published for sunflowers in the Federal 
Register of January 9, 2001 (66 FR 1592) (FRL-6760-2).
    Tebuconazole. EPA has authorized under FIFRA section 18 the use of 
tebuconazole on garlic for control of garlic rust in California. This 
regulation extends a time-limited tolerance for residues of the 
fungicide tebuconazole in or on garlic at 0.1 ppm for an additional 2-
year period. This tolerance will expire and is revoked on December 31, 
2007. A time-limited tolerance was originally published in the Federal 
Register on May 26, 1999 (64 FR 28377) (FRL-6079-1).
    Tebuconazole. EPA has authorized under FIFRA section 18 the use of 
tebuconazole on sunflowers for control of rust in Colorado. This 
regulation extends a time-limited tolerance for residues of the 
fungicide tebuconazole in or on sunflower oil at 0.4 ppm and sunflower 
seed at 0.2 ppm for an additional 2-year period. This tolerance will 
expire and is revoked on December 31, 2007. A time-limited tolerance 
was originally published in the Federal Register on June 20, 1997 (62 
FR 33550) (FRL-5725-7).
    Thiophanate methyl. EPA has authorized under FIFRA section 18 the 
use of thiophanate methyl on fruiting vegetables, including tomato, for 
control of white mold in Florida, Virginia, and New Jersey. This 
regulation extends a crop group time-limited tolerance for residues of 
the fungicide thiophanate methyl and its metabolite methyl 2-
benzimidazoyl carbamate (MBC) in or on the fruiting vegetable crop 
group at 0.5 ppm for an additional 3-year period. This crop group 
tolerance will expire and is revoked on December 31, 2008. The time-
limited tolerance was originally published in the Federal Register on 
July 23, 2003 (68 FR 43465) (FRL-7317-5).

III. Objections and Hearing Requests

    Under section 408(g) of the FFDCA, as amended by the 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. Although the procedures in those 
regulations require some modification to reflect the amendments made to 
the FFDCA by the FQPA, EPA will continue to use those procedures, with 
appropriate adjustments, until the necessary modifications can be made. 
The new section 408(g) of the FFDCA provides essentially the same 
process for persons to ``object'' to a regulation for an exemption from 
the requirement of a tolerance issued by EPA under new section 408(d) 
of the FFDCA, as was provided in the old sections 408 and 409 of the 
FFDCA. However, the period for filing objections is now 60 days, rather 
than 30 days.

A. What Do I Need to Do to File an Objection or Request a Hearing?

    You must file your objection or request a hearing on this 
regulation in accordance with the instructions provided in this unit 
and in 40 CFR part 178. To ensure proper receipt by EPA, you must 
identify docket ID number EPA-HQ-OPP-2005-0292 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 January 
20, 2006.
    1. Filing the request. Your objection must specify the specific 
provisions in the regulation that you object to, and the grounds for 
the objections (40 CFR 178.25). If a hearing is requested, the 
objections must include a statement of the factual issue(s) on which a 
hearing is requested, the requestor's contentions on such issues, and a 
summary of any evidence relied upon by the objector (40 CFR 178.27). 
Information submitted in connection with an objection or hearing 
request may be claimed confidential by marking any part or all of that 
information as CBI. Information so marked will not be disclosed except 
in accordance with procedures set forth in 40 CFR part 2. A copy of the 
information that does not contain CBI must be submitted for inclusion 
in the public record. Information not marked confidential may be 
disclosed publicly by EPA without prior notice.
    Mail your written request to: Office of the Hearing Clerk (1900L), 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington,

[[Page 75738]]

DC 20460-0001. You may also deliver your request to the Office of the 
Hearing Clerk in Suite 350, 1099 14th St., NW., Washington, DC 20005. 
The Office of the Hearing Clerk is open from 8 a.m. to 4 p.m., Monday 
through Friday, excluding legal holidays. The telephone number for the 
Office of the Hearing Clerk is (202) 564-6255.
    2. Copies for the Docket. In addition to filing an objection or 
hearing request with the Hearing Clerk as described in Unit III.A., you 
should also send a copy of your request to the PIRIB for its inclusion 
in the official record that is described in ADDRESSES. Mail your 
copies, identified by docket ID number EPA-HQ-OPP-2005-0292, to: Public 
Information and Records Integrity Branch, Information Technology and 
Resource Management Division (7502C), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001. In person or by courier, bring a copy to the 
location of the PIRIB described in ADDRESSES. You may also send an 
electronic copy of your request via e-mail to: [email protected]. 
Please use an ASCII file format and avoid the use of special characters 
and any form of encryption. Copies of electronic objections and hearing 
requests will also be accepted on disks in WordPerfect 6.1/8.0 file 
format or ASCII file format. Do not include any CBI in your electronic 
copy. You may also submit an electronic copy of your request at many 
Federal Depository Libraries.

B. When Will the Agency Grant a Request for a Hearing?

    A request for a hearing will be granted if the Administrator 
determines that the material submitted shows the following: There is a 
genuine and substantial issue of fact; there is a reasonable 
possibility that available evidence identified by the requestor would, 
if established resolve one or more of such issues in favor of the 
requestor, taking into account uncontested claims or facts to the 
contrary; and resolution of the factual issue(s) in the manner sought 
by the requestor would be adequate to justify the action requested (40 
CFR 178.32).

IV. Statutory and Executive Order Reviews

    This final rule establishes time-limited tolerances under section 
408 of the 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 rule has been exempted from review under Executive 
Order 12866 due to its lack of significance, this 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 the 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 the 
FFDCA. For these same reasons, the Agency has determined that this 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 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 rule.

V. 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).

List of Subjects in 40 CFR Part 180

    Environmental protection, Administrative practice and procedure, 
Agricultural commodities, Pesticides and pests, Reporting and 
recordkeeping requirements.


[[Page 75739]]


    Dated: December 15, 2005.
Rachel C. Holloman,
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.  180.110  [Amended]

0
2. In Sec.  180.110, in the table to paragraph (b), amend the entry for 
Walnuts by revising the expiration date ``12/31/07'' to read ``12/31/
08.''


Sec.  180.371  [Amended]

0
3. In Sec.  180.371, in the table to paragraph (b), amend the entry for 
Vegetables, Fruiting, Group 8 by revising the expiration date ``12/31/
05'' to read ``12/31/08.''


Sec.  180.377  [Amended]

0
4. In Sec.  180.377, in the table to paragraph (b), amend the entries 
for Barley, grain; Barley, hay; Barley, straw; Wheat, aspirated grain 
fractions; Wheat, grain; Wheat, hay; Wheat, milled byproducts; and 
Wheat, straw by revising the expiration date ``12/31/05'' to read ``12/
31/08.''


Sec.  180.434  [Amended]

0
5. In Sec.  180.434, in the table to paragraph (b), amend the entry for 
Cranberry by revising the expiration date ``12/31/05'' to read ``12/31/
07.''


Sec.  180.438  [Amended]

0
6. In Sec.  180.438, in the table to paragraph (b), amend the entries 
for Barley, bran; Barley, grain; Barley, hay; Barley, straw; Clover, 
forage; Clover, hay; Grass, forage; Grass, hay; Rice, wild by revising 
the expiration dates ``12/31/05'' to read ``12/31/08.''


Sec.  180.474  [Amended]

0
8. In Sec.  180.474, in the table to paragraph (b), amend the entries 
for Garlic; Sunflower, oil and Sunflower, seed by revising the 
expiration date ``12/31/05'' to read ``12/31/07.''


Sec.  180.475  [Amended]

0
9. In Sec.  180.475, in the table to paragraph (b), amend the entries 
for Corn, sweet (kernel + cob with husk removed; Corn, sweet, forage; 
and Corn, sweet, stover by revising the expiration dates ``12/31/05'' 
to read ``12/31/08.''


Sec.  180.480  [Amended]

0
10. In Sec.  180.480, in the table to paragraph (b), amend the entries 
for Cattle, fat; Cattle, meat byproducts; Cattle, meat; Goat, fat; 
Goat, meat byproducts; Goat, meat; Grapefruit; Grapefruit, dried pulp; 
Grapefruit oil; Hogs, fat; Hogs, meat byproducts; Hogs, meat; Horse, 
fat; Horse, meat byproducts; Horse, meat; Sheep, fat; Sheep, meat 
byproducts; and, Sheep, meat; by revising the expiration dates ``12/31/
05'' to read ``12/31/08.''


Sec.  180.495  [Amended]

0
11. In Sec.  180.495, in the table to paragraph (b), amend the entries 
for Alfalfa, forage; Alfalfa, hay; Grass, forage; and Grass, hay; by 
revising the expiration date ``12/31/05'' to read ``12/31/08.''


Sec.  180.544  [Amended]

0
12. In Sec.  180.544, in the table to paragraph (b), amend the entries 
for Soybean, aspirated grain fractions; Soybean, forage; Soybean, hay; 
Soybean, refined oil; Soybean, seed by revising the expiration date 
``12/31/05'' to read ``12/31/07.''

[FR Doc. 05-24322 Filed 12-20-05; 8:45 am]
BILLING CODE 6560-50-S