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54434 Federal Register / Vol. 71, No.

179 / Friday, September 15, 2006 / Rules and Regulations

Commodity Parts per million Commodity Parts per million fenarimol, alpha-(2-chlorophenyl)-
alpha-(4-chlorophenyl)-5-
Vegetable, root and Peanut ............................ 0.1 pyrimidinemethanol, in or on the
tuber, group 1, except Rice, grain ...................... 0.1 following raw agricultural commodities:
carrot ........................... 0.05 Rice, straw ...................... 0.2
Wheat, grain ................... 0.05 Soybean, seed ................ 0.1 Commodity Parts per million
Wheat, straw ................... 0.05 Strawberry ...................... 0.05
Apple ............................... 0.1
* * * * * * * * * * Apple, wet pomace ......... 0.3
■ 7. Section 180.413 is amended by Banana ........................... 0.25
■ 5. Section 180.304 is revised to read Cattle, fat ........................ 0.01
as follows: revising paragraph (a) to read as follows:
Cattle, kidney .................. 0.01
§ 180.413 Imazalil; tolerances for residues. Cattle, meat .................... 0.01
§ 180.304 Oryzalin; tolerances for Cattle, meat byproducts,
residues. (a) General. (1) Tolerances are
except kidney .............. 0.05
established for the combined residues of Cherry, sweet ................. 1.0
(a) General. Tolerances are the fungicide imazalil, 1-[2-(2,4-
established for residues of the herbicide Cherry, tart ...................... 1.0
dichlorophenyl)-2-(2- Goat, fat .......................... 0.01
oryzalin, 3,5-dinitro-N4,N4- propenyloxy)ethyl]-1H-imidazole, and Goat, kidney ................... 0.01
dipropylsulfanilamide, in or on the its metabolite, 1-(2,4-dichlorophenyl)-2- Goat, meat ...................... 0.01
following raw agricultural commodities: (1H-imidazole-1-yl)-1-ethanol, in or on Goat, meat byproducts,
the following food commodities: except kidney .............. 0.05
Commodity Parts per million Grape .............................. 0.1.
Commodity Parts per million Hazelnut .......................... 0.02
Almond, hulls .................. 0.05 Horse, fat ........................ 0.01
Avocado .......................... 0.05 Horse, kidney .................. 0.01
Banana ........................... 3.0
Berry, group 13 ............... 0.05 Horse, meat .................... 0.01
Barley, grain ................... 0.1
Cranberry ........................ 0.05 Horse, meat byproducts,
Barley, hay ...................... 0.5
Fig ................................... 0.05 except kidney .............. 0.05
Barley, straw ................... 0.5
Fruit, citrus, group 10 ..... 0.05 Pear ................................ 0.1
Citrus, dried pulp ............ 25.0
Fruit, pome, group 11 ..... 0.05 Pecan .............................. 0.02
Citrus, oil ......................... 200.0
Fruit, stone, group 12 ..... 0.05 Sheep, fat ....................... 0.01
Fruit, citrus, postharvest 10.0
Grape .............................. 0.05 Sheep, kidney ................. 0.01
Wheat, forage ................. 0.5
Kiwifruit ........................... 0.05 Sheep, meat ................... 0.01
Wheat, grain ................... 0.1
Nut, tree, group 14 ......... 0.05 Sheep, meat byproducts,
Wheat, hay ..................... 0.5
Olive ................................ 0.05 except kidney .............. 0.05
Wheat, straw ................... 0.5
Pistachio ......................... 0.05
Pomegranate .................. 0.05 [FR Doc. E6–15258 Filed 9–14–06; 8:45 am]
Strawberry ...................... 0.05 (2) Tolerances are established for the
combined residues of the fungicide BILLING CODE 6560–50–S

imazalil, 1-[2-(2,4-dichlorophenyl)-2-(2-
(b) Section 18 emergency exemptions. propenyloxy)ethyl]-1H-imidazole, and
[Reserved] its metabolites, 3-[2-(2,4- ENVIRONMENTAL PROTECTION
(c) Tolerances with regional dichlorophenyl)-2-(2,3- AGENCY
registrations. Tolerances with regional dihydroxypropoxy)ethyl]-2,4- 40 CFR Parts 712 and 716
registration, as defined in § 180.1(n), are imidazolidinedione (FK772) and 3-[2-
established for residues of oryzalin, 3,5- (2,4-dichlorophenyl)-2-(hydroxy)]-2,4- [EPA–HQ–OPPT–2005–0014 and EPA–HQ–
dinitro-N4,N4-dipropylsulfanilamide, in imidazolidinedione (FK284), in or on OPPT–2005–0055; FRL–8094–8]
or on the following raw agricultural the following food commodities: RIN 2070–AB08 and 2070–AB11
commodities:
Commodity Parts per million Preliminary Assessment Information
Commodity Parts per million Reporting Rule and Health and Safety
Cattle, fat ........................ 0.01 Data Reporting Rule; Revision of
Guava ............................. 0.05 Cattle, meat .................... 0.01
Effective Dates
Papaya ............................ 0.05 Cattle, meat byproducts 0.2
Goat, fat .......................... 0.01 AGENCY: Environmental Protection
Goat, meat ...................... 0.01 Agency (EPA).
(d) Indirect or inadvertent residues. Goat, meat byproducts ... 0.2
[Reserved] ACTION: Final rule; revision of effective
Horse, fat ........................ 0.01
Horse, meat .................... 0.01 dates.
■ 6. Section 180.383 is amended by
revising paragraph (a) to read as follows: Horse, meat byproducts 0.2
SUMMARY: This document is revising the
Milk ................................. 0.02
Sheep, fat ....................... 0.01 effective date of two rules published in
§ 180.383 Sodium salt of acifluorfen;
tolerances for residues. Sheep, meat ................... 0.01 the Federal Register of August 16, 2006:
Sheep, meat byproducts 0.2 The Preliminary Assessment
(a) General. Tolerances are Information Reporting Rule (PAIR) and
established for combined residues of the * * * * * the Health and Safety Data Reporting
herbicide sodium salt of acifluorfen, ■ 8. Section 180.421 is amended by Rule because of the relocation of the
sodium 5-[2-chloro-4- revising paragraph (a) to read as follows: dockets for these two rules. Structural
(trifluoromethyl)phenoxy]-2-
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damage to the EPA Docket Center (EPA/


nitrobenzoate, and its metabolites (the § 180.421 Fenarimol; tolerances for DC) caused by flooding in June 2006
corresponding acid, methyl ester, and residues. necessitated the relocation of the EPA/
amino analogues) in or on the following (a) General. Tolerances are DC. Although the EPA/DC is continuing
raw agricultural commodities: established for residues of the fungicide operations, the relocation of EPA/DC

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Federal Register / Vol. 71, No. 179 / Friday, September 15, 2006 / Rules and Regulations 54435

and resumption of normal operations departure. In addition, security parts 712 and 716 are available on E-
has taken place during the period that personnel will escort visitors to and CFR Beta Site Two at http://
withdrawal requests for removal of from the new EPA/DC Public Reading www.gpoaccess.gov/ecfr.
chemicals from these two rules would Room location. Up-to-date information
II. Background
be arriving; therefore, EPA has decided about the EPA/DC is on the EPA website
that the effective dates for these two at http://www.epa.gov/epahome/ A. What Action is the Agency Taking?
rules will be revised to ensure that all dockets.htm. EPA is revising the effective dates on
requests that were submitted to EPA by FOR FURTHER INFORMATION CONTACT: For which certain chemicals would be
August 30, 2006, for withdrawal of general information contact: Colby subject to the reporting requirements
chemicals listed in these two rules have Lintner, Regulatory Coordinator, under TSCA section 8(a) and 8(d). On
been accounted for and addressed. Environmental Assistance Division August 16, 2006, EPA issued a final
DATES: The actions in this document are (7408M), Office of Pollution Prevention PAIR rule under TSCA section 8(a) (40
effective Sepember 15, 2006. and Toxics, Environmental Protection CFR part 712) which requires
The effective date for the PAIR rule Agency, 1200 Pennsylvania Ave., NW., manufacturers (including importers) of
amending 40 CFR part 712 published at Washington, DC 20460–0001; telephone chemicals in the category of voluntary
71 FR 47122, August 16, 2006, is number: (202) 554–1404; e-mail address: HPV Challenge Program orphan
delayed to September 29, 2006, except TSCA-Hotline@epa.gov. (unsponsored) chemicals on the ITC’s
for the amendments to sections 712.28 For technical information contact: Joe TSCA section 4(e) Priority Testing List
and 712.30(c), which contained Nash, Chemical Control Division to submit a one-time report on general
technical corrections. (7405M), Office of Pollution Prevention production/importation volume, end
The effective date for the Health and and Toxics, Environmental Protection use, and exposure-related information to
Safety Data Reporting rule amending 40 Agency, 1200 Pennsylvania Ave., NW., EPA (71 FR 47122) (FRL–7764–9). Also
CFR part 716 at 71 FR 47130, August 16, Washington, DC 20460–0001; telephone on August 16, 2006, EPA issued a final
2006, is delayed to September 29, 2006, number: (202) 564–8886; fax number: Health and Safety Data Reporting rule
except for the amendments to sections (202) 564–4765; e-mail address: under TSCA section 8(d) (40 CFR part
716.30, 716.35, 716.60, and 716.105, ccd.citb@epa.gov. 716) which requires manufacturers
which contained technical corrections. SUPPLEMENTARY INFORMATION: (including importers) of chemicals in
ADDRESSES: EPA has established a this category of voluntary HPV
docket for this action under docket I. General Information
Challenge Program orphan
identification (ID) numbers EPA–HQ– A. Does this Action Apply to Me? (unsponsored) chemicals to submit
OPPT–2005–0014 and EPA–HQ–OPPT– You may be potentially affected by certain unpublished health and safety
2005–0055. All documents in the docket this action if you manufacture (defined data to EPA (71 FR 47130) (FRL–7764–
are listed on the regulations.gov by statute to include import) any of the 7). The effect of this revision of the
website. Although listed in the index, chemical substances listed in the rules’ effective dates is that the listed
some information is not publicly August 16, 2006 PAIR rule or August 16, chemicals will not be subject to the
available, e.g., Confidential Business 2006 Health and Safety Data Reporting reporting requirements imposed by the
Information (CBI) or other information rule. Entities potentially affected by this final TSCA section 8(a) and 8(d) rules
whose disclosure is restricted by statute. action may include, but are not limited issued on August 16, 2006, until
Certain other material, such as to: September 29, 2006.
copyrighted material, is not placed on • Chemical manufacturers (including Because of these changes in effective
the Internet and will be publicly importers), (NAICS codes 325, 32411), dates the table in paragraph (e) of
available only in hard copy form. The e.g., persons who manufacture (defined § 712.30 of the final PAIR rule
EPA Docket Center (EPA/DC) suffered by statute to include import) one or published in the Federal Register issue
structural damage due to flooding in more of the subject chemical substances. of August 16, 2006 (Ref. 1) is amended
June 2006. Although the EPA/DC is This listing is not intended to be by removing ‘‘September 15, 2006’’
continuing operations, there will be exhaustive, but rather provides a guide under the column heading ‘‘Effective
temporary changes to the EPA/DC for readers regarding entities likely to be date’’ and adding in its place
during the clean-up. The EPA/DC Public affected by this action. The North ‘‘September 29, 2006.’’ The table in
Reading Room, which was temporarily American Industrial Classification paragraph (e) is also amended by
closed due to flooding, has been System (NAICS) codes have been removing ‘‘November 14, 2006’’ under
relocated in the EPA Headquarters provided to assist you and others in the column heading ‘‘Reporting date’’
Library, Infoterra Room (Room Number determining whether this action might and adding in its place ‘‘November 28,
3334) in EPA West, located at 1301 apply to certain entities. If you have any 2006.’’ In § 716.120 of the final Health
Constitution Ave., NW., Washington, questions regarding the applicability of and Safety Data Reporting rule
DC. The EPA/DC Public Reading Room this action to a particular entity, consult published in the Federal Register of
is open from 8:30 a.m. to 4:30 p.m., the technical person listed under FOR August 16, 2006 (Ref. 2), the table in
Monday through Friday, excluding legal FURTHER INFORMATION CONTACT. paragraph (d) is amended by removing
holidays. The telephone number for the ‘‘September 15, 2006’’ under the column
EPA/DC Public Reading Room is (202) B. How Can I Access Electronic Copies heading ‘‘Effective date’’ and adding in
566–1744, and the telephone number for of this Document and Other Related its place ‘‘September 29, 2006.’’ The
the OPPT Docket is (202) 566–0280. Information? table in paragraph (d) is also amended
EPA visitors are required to show In addition to using the electronic by removing ‘‘November 14, 2006’’
photographic identification and sign the docket, you may access this Federal under the column heading ‘‘Sunset
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EPA visitor log. Visitors to the EPA/DC Register document electronically date’’ and adding in its place
Public Reading Room will be provided through the EPA Internet under the ‘‘November 28, 2006.’’
with an EPA/DC badge that must be ‘‘Federal Register’’ listings at http:// The rules published in the Federal
visible at all times while in the EPA www.epa.gov/fedrgstr. A frequently Register on August 16, 2006, provided
Building and returned to the guard upon updated electronic version of 40 CFR manufacturers (including importers) of

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54436 Federal Register / Vol. 71, No. 179 / Friday, September 15, 2006 / Rules and Regulations

any of the chemicals included in the C. Why is this Action Being Issued as a TSCA sections 8 (a) and (d) related to
two rules the opportunity, as specified Final Rule? the PAIR and Health and Safety Data
in 40 CFR 712.30(c) and 40 CFR As with the August 16, 2006 rules, Reporting rules from the requirements
716.105(c), to send a written request to EPA is publishing this action as a final of Executive Order 12866, entitled
EPA to withdraw a chemical from these rule without prior notice and an Regulatory Planning and Review (58 FR
two rules. These requests for opportunity for comment pursuant to 51735, October 4, 1993). In addition,
withdrawal had to provide detailed the procedures set forth in 40 CFR this rule does not impose any new
reasons why reporting required by these 712.30(c) and 716.105(c). EPA finds that requirements and will result in a burden
rules was not warranted for the there is ‘‘good cause’’ under the and cost reduction; therefore it is not
chemical and the written requests had Administrative Procedure Act (APA) (5 subject to OMB review under the
to be received by EPA on or before U.S.C. 553(b)(3)(B)) to make these Executive Order.
August 30, 2006. amendments without prior notice and B. Paperwork Reduction Act
All requests for withdrawal were comment. EPA believes notice and an
required to be submitted to the OPPT opportunity for comment on this action The information collection
Document Control Office which is are unnecessary. requirements contained in TSCA
linked to EPA/DC. Structural damage to Under the PAIR and Health and sections 8(a) PAIR and 8(d) Health and
the EPA/DC caused by flooding in June Safety Data Reporting rules, the August Safety Data Reporting rules have already
2006 necessitated the relocation of the 16, 2006 rules adding chemicals to the been approved by OMB under the
EPA/DC. Although the EPA/DC is lists of subject chemicals were to be provisions of the Paperwork Reduction
continuing operations, the relocation of effective 30 days after publication. This Act (PRA), 44 U.S.C. 3501 et seq., and
EPA/DC and resumption of normal action revises the effective date of the OMB control numbers 2070–0054 (EPA
operations has taken place during the August 16, 2006 rules from September ICR No. 0586) and 2070–0004 (EPA ICR
period that withdrawal requests for 15, 2006 to September 29, 2006. EPA is No. 0575). The collection activities in
removal of chemicals from these two not revising any other provisions of the this final rule are captured by the
rules would be arriving. Consequently, PAIR or Health and Safety Data existing approval and do not require
EPA has decided that the effective dates Reporting rules. This revision will not additional review and/or approval by
for these two rules will be revised to have any substantive effect on OMB.
ensure that all requests that were manufacturers subject to the rules. This
submitted to EPA by August 30, 2006, revision will simply provide additional C. Regulatory Flexibility Act
for withdrawal of chemicals listed in time for EPA to account for and address Because this final rule eliminates
these two rules have been accounted for all requests to withdraw chemicals. In reporting requirements, the Agency
and addressed. light of this, EPA does not believe certifies pursuant to section 605(b) of
B. What is the Agency’s Authority for comments on this action are necessary. the Regulatory Flexibility Act (RFA), 5
Taking this Action? III. References U.S.C. 601 et seq., that this revocation
The official dockets for this rule are of certain requirements under TSCA
EPA promulgated the PAIR rule under
the dockets established for the TSCA sections 8(a) and 8(d) will not have a
TSCA section 8(a) (15 U.S.C. 2607(a)),
section 8(a) PAIR rule (docket ID significant adverse economic impact on
and it is codified at 40 CFR part 712.
number EPA–HQ–OPPT–2005–0014) a substantial number of small entities.
The final rule issued by EPA on August
16, 2006, amended the model TSCA (Ref. 1) and the TSCA section 8(d) D. Unfunded Mandates Reform Act
section 8(a) rule by adding the ITC Health and Safety Data Reporting Health
category of certain voluntary HPV and Safety Data Reporting rule (docket Pursuant to Title II of the Unfunded
Challenge Program orphan ID number EPA–HQ–OPPT–2005–0055) Mandates Reform Act of 1995 (UMRA),
(unsponsored) chemicals (Ref. 1). This (Ref. 2). These official public dockets Public Law 104–4, EPA has determined
Federal Register document announces are available for review as specified in that this rule does not contain a Federal
EPA’s decision, under EPA’s authority ADDRESSES. The following is a listing of mandate that may result in expenditures
under TSCA section 8(a) (15 U.S.C. the materials referenced in this of $100 million or more for State, local,
2607(a)), to revise the effective date of document that have been placed in the and tribal governments, in the aggregate,
the amended TSCA section 8(a) rule official dockets for this rule: or the private sector in any 1 year. In
issued by EPA on August 16, 2006 (Ref. 1. EPA. 2006. Preliminary Assessment addition, EPA has determined that this
1). Information Reporting; Addition of rule will not significantly or uniquely
EPA promulgated the model Health Certain Chemicals. Federal Register (71 affect small governments. Accordingly,
and Safety Data Reporting rule under FR 47122, August 16, 2006) (FRL–7764– the rule is not subject to the
TSCA section 8(d) (15 U.S.C. 2607(d)), 9). Available on-line at: http:// requirements of UMRA sections 202,
and it is codified at 40 CFR part 716. www.epa.gov/fedrgstr . 203, 204, or 205.
The final rule issued by EPA on August 2. EPA. 2006. Health and Safety Data
Reporting; Addition of Certain E. Executive Order 13132: Federalism
16, 2006, amended the model TSCA
section 8(d) rule by adding the ITC Chemicals. Federal Register (71 FR This rule has no Federalism
category of certain voluntary HPV 47130, August 16, 2006) (FRL–7764–7). implications, because it will not have
Challenge Program orphan Available on-line at: http:// substantial direct effects on States, on
(unsponsored) chemicals (Ref. 2). This www.epa.gov/fedrgstr. the relationship between the national
Federal Register document announces IV. Statutory and Executive Order government and the States, or on the
EPA’s decision, under EPA’s authority Reviews distribution of power and
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under TSCA section 8(d) (15 U.S.C. responsibilities among the various
2607(d)), to revise the effective date of A. Executive Order 12866: Regulatory levels of government, as specified in
the amended TSCA section 8(d) rule Planning and Review Executive Order 13132, entitled
issued by EPA on August 16, 2006 (Ref. The Office of Management and Budget Federalism (64 FR 43255, August 10,
2). (OMB) has exempted actions under 1999).

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Federal Register / Vol. 71, No. 179 / Friday, September 15, 2006 / Rules and Regulations 54437

F. Executive Order 13175: Consultation I. National Technology Transfer and safety, Reporting and recordkeeping
and Coordination with Indian Tribal Advancement Act requirements.
Governments Because this action does not involve Dated: September 12, 2006.
This rule has no tribal implications any technical standards, section 12(d) of Charles M. Auer,
because it will not have substantial the National Technology Transfer and Director, Office of Pollution Prevention and
direct effects on one or more Indian Advancement Act of 1995 (NTTAA), Toxics.
tribes, on the relationship between the Public Law 104–113, section 12(d) (15
U.S.C. 272 note), does not apply to this ■ Under EPA’s authority, TSCA sections
Federal Government and Indian tribes, 8(a) and 8(d), the documents published
action.
nor on the distribution of power and on August 16, 2006, amending 40 CFR
responsibilities between the Federal J. Executive Order 12898 part 712 (71 FR 47122) and 40 CFR part
Government and Indian tribes as This action does not involve special 716 (71 FR 47130) are corrected as
specified in Executive Order 13175, considerations of environmental justice- follows:
entitled Consultation and Coordination related issues pursuant to Executive
with Indian Tribal Governments (59 FR PARTS 712 and 716—[CORRECTED]
Order 12898, entitled Federal Actions to
22951, November 6, 2000). Address Environmental Justice in § 712.30 [Corrected]
G. Executive Order 13045: Protection of Minority Populations and Low-Income ■ 1. Beginning at 71 FR 47126, in
Children from Environmental Health Populations (59 FR 7629, February 16, § 712.30, in the table in paragraph (e),
1994). under the column heading, ‘‘Effective
Risks and Safety Risks
V. Congressional Review Act date,’’ remove ‘‘September 15, 2006’’
Executive Order 13045, entitled each time it appears and insert
Protection of Children from The Congressional Review Act, 5 ‘‘September 29, 2006’’ in its place.
Environmental Health Risks and Safety U.S.C. 801 et seq., as added by the Small ■ 2. Beginning at 71 FR 47126, in
Risks (62 FR 19885, April 23,1997), does Business Regulatory Enforcement § 712.30, in the table in paragraph (e),
not apply to this rule because this is not Fairness Act of 1996, generally provides under the column heading, ‘‘Reporting
an ‘‘economically significant’’ that before a rule may take effect, the date,’’ remove ‘‘November 14, 2006’’
Agency promulgating the rule must each time it appears and insert
regulatory action as defined under
submit a rule report, which includes a ‘‘November 28, 2006’’ in its place.
Executive Order 12866, and it does not
copy of the rule, to each House of the
concern an environmental health or
Congress and the Comptroller General of § 716.120 [Corrected]
safety risk that may have a the United States. EPA will submit a ■ 3. Beginning at 71 FR 47136, in
disproportionate effect on children. report containing this rule and other § 716.120, in the table in paragraph (d),
H. Executive Order 13211: Actions that required information to the U.S. Senate, under the column heading, ‘‘Effective
Significantly Affect Energy Supply, the U.S. House of Representatives, and date,’’ remove ‘‘September 15, 2006’’
Distribution, or Use the Comptroller General of the United each time it appears and insert
States prior to publication of the rule in ‘‘September 29, 2006’’ in its place.
This rule is not subject to Executive the Federal Register. This rule is not a ■ 4. Beginning at 71 FR 47136, in
Order 13211, entitled Actions that ‘‘major rule’’ as defined by 5 U.S.C. § 716.120, in the table in paragraph (d),
Significantly Affect Energy Supply, 804(2). under the column heading, ‘‘Sunset
Distribution, or Use (66 FR 28355, May date,’’ remove ‘‘November 14, 2006’’
22, 2001), because this action is not List of Subjects in 40 CFR Parts 712 and each time it appears and insert
expected to affect energy supply, 716 ‘‘November 28, 2006’’ in its place.
distribution, or use. Environmental protection, Chemicals, [FR Doc. E6–15358 Filed 9–14–06; 8:45 am]
Hazardous substances, Health and BILLING CODE 6560–50–S
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