Federal Register, Volume 74, Number 46, March 11, 2009, Pages 10455-10672 Page: 10,498
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10498 Federal Register/Vol. 74, No. 46/Wednesday, March 11, 2009/Rules and Regulations
Environmental Health Risks and Safety
Risks (62 FR 19885, April 23, 1997).
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., 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).
Since tolerances and exemptions that
are established on the basis of a petition
under section 408(d) of FFDCA, such as
the tolerance 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.
This final rule directly regulates
growers, food processors, food handlers,
and food retailers, not States or tribes,
nor does this action alter the
relationships or distribution of power
and responsibilities established by
Congress in the preemption provisions
of section 408(n)(4) of FFDCA. As such,
the Agency has determined that this
action will not have a substantial direct
effect on States or tribal governments,
on the relationship between the national
government and the States or tribal
governments, or on the distribution of
power and responsibilities among the
various levels of government or between
the Federal Government and Indian
tribes. Thus, the Agency has determined
that Executive Order 13132, entitled
Federalism (64 FR 43255, August 10,
1999) and Executive Order 13175,
entitled Consultation and Coordination
with Indian Tribal Governments (65 FR
67249, November 9, 2000) do not apply
to this final rule. In addition, this final
rule does not 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).
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).
IX. 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 to the Comptroller
General of the United States. EPA willsubmit 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.
Dated: January 14, 2009.
Janet L. Andersen,
Director, Biopesticides and Pollution
Prevention Division, Office of Pesticide
Programs.
a Therefore, 40 CFR chapter I is revised
as follows:
PART 180-[AMENDED]
1. The authority citation for part 180
continues to read as follows:
Authority: 21 U.S.C. 321(q), 346a and 371.
* 2. Section 180.1269 is revised to read
as follows:
180.1269 Bacillus mycoides Isolate J:
exemption from the requirement of a
tolerance.
Bacillus mycoides isolate J is
temporarily exempt from the
requirement of a tolerance when used as
a fungicide on pecans, potatoes, sugar
beets, tomatoes, and peppers in
accordance with the Experimental Use
Permit 82761-EUP-2. This temporary
exemption from the requirement of a
tolerance expires and is revoked on
March 31, 2011.
[FR Doc. E9-5266 Filed 3-10-09; 8:45 am]
BILLING CODE 6560-50-S
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA-HQ-OPP-2008-0617; FRL-8397-2]
2-Propenoic acid, polymer with u-[4-
(ethenyloxy) butyl]-a-hydroxypoly
(oxy-1,2-ethanediyl) and 1,2-
propanediol mono-2-propenoate,
potassium sodium salt; Tolerance
Exemption
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Final rule.
SUMMARY: This regulation establishes an
exemption from the requirement of atolerance for residues of 2-Propenoic
acid, polymer with a-[4-(ethenyloxy)
butyl]-w-hydroxypoly (oxy-1,2-
ethanediyl) and 1,2-propanediol mono-
2-propenoate, potassium sodium salt;
(CAS Reg. No. 518026-64-7); when
used as an inert ingredient in a pesticide
chemical formulation. BASF
Corporation submitted a petition to EPA
under the Federal Food, Drug, and
Cosmetic Act (FFDCA), requesting an
exemption from the requirement of a
tolerance. This regulation eliminates the
need to establish a maximum
permissible level for residues of 2-
propenoic acid, polymer with a-[4-
(ethenyloxy) butyl]-w-hydroxypoly (oxy-
1,2-ethanediyl) and 1,2-propanediol
mono-2-propenoate, potassium sodium
salt on food or feed commodities.
DATES: This regulation is effective
March 11, 2009. Objections and requests
for hearings must be received on or
before May 11, 2009, and must be filed
in accordance with the instructions
provided in 40 CFR part 178 (see also
Unit I.C. of the SUPPLEMENTARY
INFORMATION).
ADDRESSES: EPA has established a
docket for this action under docket
identification (ID) number EPA-HQ-
OPP-2008-0617. 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. 5-
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:
Alganesh Debesai, Registration Division
(7505P), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460-0001; telephone number:
(703) 308-8353; e-mail address:
debesai.alganesh@epa.gov.SUPPLEMENTARY INFORMATION:
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United States. Office of the Federal Register. Federal Register, Volume 74, Number 46, March 11, 2009, Pages 10455-10672, periodical, March 11, 2009; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc132908/m1/52/: accessed March 28, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.