[Federal Register Volume 74, Number 71 (Wednesday, April 15, 2009)]
[Rules and Regulations]
[Pages 17405-17406]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-8117]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2007-1170; FRL-8410-1]


Modification of Pesticide Tolerance Revocation for Diazinon

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This final rule resolves an objection filed by the California 
Grape and Tree Fruit League in response to a final rule on diazinon 
tolerances published on September 10, 2008 (73 FR 52607) by granting 
the objection and modifying the revocation of the diazinon tolerance on 
grapes to expire on September 10, 2010.

DATES: This final rule is effective April 15, 2009.

ADDRESSES: EPA has established a docket for this action under docket 
identification (ID) number EPA-HQ-OPP-2007-1170. All documents in the 
docket are listed in the docket index available at http://www.regulations.gov. 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 Bldg.), 2777 S. Crystal Dr., Arlington, VA. The Docket 
Facility is open 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: Jane Smith, Special Review and 
Reregistration Division (7508P), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (703) 308-0048; fax 
number: (703) 308-8005; 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. 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 electronically available documents at 
http://www.regulations.gov, you may access this Federal Register 
document

[[Page 17406]]

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. Prior Diazinon Tolerance Rulemaking

    On May 21, 2008 (73 FR 29456) (FRL-8362-1), EPA proposed the 
revocation of the tolerance for residues of diazinon, O, O-diethyl O-
[6-methyl-2-(1-methylethyl)-4-pyrimidinyl]phosphorothioate; (CAS Reg. 
No. 333-41-5), in or on the food commodity grape at 0.75 parts per 
million (ppm) in 40 CFR 180.153(a) because the use on grapes had been 
canceled. The proposal neither discussed nor took into account the fact 
that an existing stocks provision in the cancellations allowed 
continued use of existing diazinon stocks until December 2008. No 
comments were received in response to the proposal expressing 
objections to the revocation of the diazinon tolerance on grapes. EPA 
published a final rulemaking on September 10, 2008 (73 FR 52607) (FRL-
8379-3) revoking the diazinon tolerance on grapes.

III. The California Grape and Tree Fruit League Objection

    On November 10, 2008, the California Grape and Tree Fruit League 
filed an objection to the tolerance rulemaking pursuant to 21 U.S.C. 
346a(g)(2)(A), objecting to the revocation of the diazinon tolerance on 
grapes. The basis of the California Grape and Tree Fruit League 
objection is that although the use on grapes has been canceled the 
tolerance is ``still necessary to allow for the orderly exhaustion of 
existing stocks.'' The California Grape and Tree Fruit League argued 
that a tolerance is therefore required for grapes treated with existing 
stocks of diazinon to allow the legally treated commodity to clear the 
channels of trade and preventing seizure of the treated grapes by the 
Food and Drug Administration.

IV. Order on Objection

    Despite the fact that the California Grape and Tree Fruit League 
did not comment on this issue with respect to the proposed rule, 
because the proposal erroneously failed to take into account the 
existing stock provision, EPA in its discretion has considered the 
objection and found it to be sound. Accordingly, EPA, by this rule and 
order, and pursuant to section 408(g)(2)(C) of the Federal Food, Drug, 
and Cosmetic Act (FFDCA), is amending the diazinon tolerance in 40 CFR 
180.153(a) to add a tolerance for grape at at 0.75 ppm. The tolerance 
will remain in effect until September 10, 2010. The Agency anticipates 
this should allow a reasonable period of time for the depletion of 
existing diazinon stocks and the clearance of diazinon treated grapes 
from the channels of trade.

V. Conclusion

    Therefore, pursuant to section 408(g)(2)(C) of FFDCA, a tolerance 
for the residues of diazinon, O, O-diethyl O-[6-methyl-2-(1-
methylethyl)-4-pyrimidinyl]phosphorothioate; (CAS Reg. No. 333-41-5), 
in or on the food commodity grapes is added at 0.75 ppm until September 
10, 2010.

VI. Statutory and Executive Order Reviews

    EPA included the required statutory discussion in the September 10, 
2008 final rule (72 FR 52610).

VII. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., generally 
provides that before a rule may take effect, the Agency promulgating 
the rule must submit a rule report 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: April 2, 2009.
Debra Edwards,
Director, 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.


0
2. In Sec.  180.153, is amended by alphabetically adding the commodity 
to the table in paragraph (a) to read as follows:


Sec.  180.153  Diazinon; tolerances for residues.

    (a) General. * * *

------------------------------------------------------------------------
                      Commodity                        Parts per million
------------------------------------------------------------------------
                                * * * * *
Grape2...............................................               0.75
                                * * * * *
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[FR Doc. E9-8117 Filed 4-14-09; 8:45 am]
BILLING CODE 6560-50-S