[Federal Register Volume 71, Number 105 (Thursday, June 1, 2006)]
[Rules and Regulations]
[Pages 31102-31104]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-8395]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2006-0088; FRL-8060-5]


Zoxamide; Pesticide Tolerance

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct Final rule.

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SUMMARY: EPA issued a final rule in the Federal Register of September 
26, 2001, concerning a tolerance for combined residues of zoxamide, 
3,5-dichloro-N-(3-chloro-1-ethyl-1-methyl-2-oxopropyl)-4-
methylbenzamide and its metabolites 3,5-dichloro-1,4-
benzenedicarboxylic acid, and 3,5-dichloro-4-hydroxymethylbenzoic acid 
in or on tomato and in or on the cucurbit vegetable crop group 9. This 
rule is being issued to correct the expression and placement of the 
tolerance for residues of zoxamide in or on tomato, and in or on 
cucurbit, vegetable crop group 9.

DATES: This Direct Final Rule is effective on August 30, 2006 without 
notice, unless EPA receives adverse comment by July 31, 2006. If, 
however, EPA receives adverse comment, EPA will publish a Federal 
Register document to withdraw the direct final rule before the 
effective date.
    If this Direct Final Rule becomes effective on August 30, 2006, any 
person may file an objection to any aspect of this regulation and may 
also request a hearing on those objections. Objections and requests for 
hearings must be received on or before October 30, 2006.

ADDRESSES: If this regulation becomes effective on August 30, 2006 
because no adverse comment is received, any person may file an 
objection to any aspect of this regulation and may also request a 
hearing on those objections. To submit a written objection or hearing 
request follow the detailed instructions as provided in Unit I.C. of 
the SUPPLEMENTARY INFORMATION. EPA has established a docket for this 
action under docket identification (ID) number EPA-HQ-OPP-2006-0088. 
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 telephone number for the Docket is (703) 305-5805.

FOR FURTHER INFORMATION CONTACT: Rose Mary Kearns, Registration 
Division (7505P), Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (703) 305-5611; fax number: (703) 308-1825; e-
mail address: [email protected].

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. To determine 
whether you or your business may be affected by this action, you should 
carefully examine the applicability provisions in 40 CFR Part 180. 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.

C. Can I File an Objection or Hearing Request?

    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. 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-2006-0088 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 July 31, 2006.
    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

[[Page 31103]]

may be disclosed publicly by EPA without prior notice. Submit your 
copies, identified by docket ID number EPA-HQ-OPP-2006-0088, 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 
Building), 2777 S. Crystal Drive, 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 
telephone number for the Docket is (703) 305-5805.

II. Background

A. What Action is the Agency Taking?

    In the Federal Register of August 24, 2000 (65 FR 51612) (FRL-6739-
1), EPA issued a notice pursuant to section 408 of the Federal Food, 
Drug, and Cosmetic Act (FFDCA), 21 U.S.C. 346a as amended by the Food 
Quality Protection Act of 1996 (FQPA) (Public Law 104-170) announcing 
the filing of a pesticide petition (PP 9F5058) for a tolerance by Rohm 
and Haas Company, 100 Independence Mall West, Philadelphia, PA 19108-
2399. This notice included a summary of the petition prepared by Rohm 
and Haas, the registrant. There were no comments received in response 
to the notice of filing. A correction to the notice of filing was 
published in the Federal Register of December 15, 2000 (65 FR 78490) 
(FRL-6756-3).
    The petition requested that 40 CFR part 180 be amended by 
establishing a tolerance for combined residues of the fungicide 
zoxamide, 3,5-dichloro-N-(3-chloro-1-ethyl-1-methyl-2-oxopropyl)-4-
methylbenzamide, and its metabolites, in or on tomatoes and cucurbit, 
vegetable group 9 at 2.0 parts per million (ppm). EPA established the 
requested tolerances in 40 CFR 180.567(a)(2) (66 FR 49110, September 
26, 2001, FRL-6803-7).
    This rule amends 40 CFR 180.567 by taking the tomato and vegetable, 
cucurbit, group 9 tolerances out of Sec.  180.567(a)(2) and placing 
them in Sec.  180.567(a)(1). This change corrects an error made at the 
time the tomato and vegetable, cucurbit, group 9 tolerance were 
established. Prior to establishing those tolerances the Agency had 
determined that the residue of concern in connection with the use of 
zoxamide on tomatoes and cucurbits is only the parent compound 
zoxamide, not zoxamide and its metabolites. EPA mistakenly, however, 
established the tomato and cucurbits tolerances in Sec.  180.567(a)(2) 
which applies to tolerances for residues of zoxamide and its 
metabolites instead of Sec.  180.567(a)(1) which applies to tolerances 
of zoxamide only.
    The relevant metabolism data shows that the parent compound, 
zoxamide, is the major residue component identified in cucumber fruit 
(representing about 87% of total residues), cucumber foliage 
(representing about 92% of total residues), green tomatoes 
(representing about 48% of total residues), and red tomatoes 
(representing about 44% of total residues). In addition, only residues 
of zoxamide exceeded 10% of the total residues in all cucumber matrices 
and tomato samples. In comparison, most metabolite residues were 
present at less than 5% of the total residues. The low level of 
metabolites that are present in these commodities was taken into 
account when assessing the risk of zoxamide exposure. It was not deemed 
appropriate, however, to include the metabolites in the tolerances for 
tomatoes and cucurbits because the amounts detected were so low.
    As a result of this amendment the listed tolerance levels (in 
``ppm'') on tomato (2.0 ppm) and vegetable, cucurbit, group 9 (1.0 
ppm), are not being changed. The existing tolerances in 180.567(a)(2) 
for potato, tuber; potato, granule/flakes; and potato, wet peel are not 
being revised because EPA has determined that for these commodities the 
tolerance expression should be written in terms of the combined 
residues of the parent compound zoxamide and its metabolites.

B. What is the Agency's Authority for Taking this Action?

    This action is taken pursuant to EPA's initiative under FFDCA 
section 408(e), 201 U.S.C. 346a(e).

III. Direct Final Rule Procedures

    EPA is publishing this rule without prior proposal because the 
Agency views this as a noncontroversial amendment and anticipates no 
adverse comment. This Direct Final Rule will be effective August 30, 
2006 without further notice unless the Agency receives adverse comment 
by July 31, 2006. If EPA receives adverse comment on this rulemaking, 
the Agency will publish a timely withdrawal in the Federal Register and 
will publish a notice of proposed rulemaking in a further issue of the 
Federal Register. The Agency will address the comments as part of that 
proposed rulemaking.
    If EPA receives no adverse comment and this regulation becomes 
effective August 30, 2006, any person will have 60 days from that date 
to file objections to the rule as specified in Unit I.C.

IV. Statutory and Executive Order Reviews

A. Exexcutive Order 12866

    This direct final rule implements minor changes to 40 CFR part 180. 
Since this direct final rule does not impose any new requirements it is 
not subject to review by the Office of Management and Budget (OMB) 
under Executive Order 12866, entitled Regulatory Planning and Review 
(58 FR 51735, October 4, 1993).

B. Paperwork Reduction Act

    This direct 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.

C. Regulatory Flexibility Act

    Since this action makes minor changes to 40 CFR part 180, that do 
no more than ensure that two commodities are not incorrectly deemed to 
be in noncompliance with their respective tolerances, EPA certifies 
this action will not have significant economic impact on a substantial 
number of small entities. There will be no adverse impact on small 
entities resulting from this action. The requirements of the Regulatory 
Flexibility Act (RFA) (5 U.S.C. 601 et seq.) do not apply.

D. Unfunded Mandates Reform Act

    This action does not impose any enforceable duty or contain any 
unfunded mandate as described under Title II of the Unfunded Reform Act 
of 1995 (UMRA) (Public Law 104-4).

E. Executive Order 13132

    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

[[Page 31104]]

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 action does not alter the relationships or 
distribution of power and responsibilities established by Congress.

F. Executive Order 13175

    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.'' This direct 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 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 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 the rule in the Federal Register. This 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: May 16, 2006.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.

0
Therefore, 40 CFR chapter I is amended as follows:

PART 180--AMENDED

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1. The authority citation for part 180 continues to read asfollows:

    Authority: 21 U.S.C. 321(q), 346a and 371.


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2. Section 180.567 is amended by removing the commodities ``tomato'' 
and ``vegetable, cucurbit, group 9'' from the table in paragraph 
(a)(2), and by alphabetically adding the following commodities to the 
table in paragraph (a)(1) to read as follows:


Sec.  180.567  Zoxamide; tolerances for residues.

    (a) * * * (1) * * *

------------------------------------------------------------------------
                                                              Parts per
                         Commodity                             million
------------------------------------------------------------------------
                                * * * * *
Tomato.....................................................          2.0
Vegetable, cucurbit, group 9...............................          1.0
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FR Doc. E6-8395 Filed 05-31-06; 8:45 am]
BILLING CODE 6560-50-S