Federal Register, Volume 74, Number 71, April 15, 2009, Pages 17371-17586 Page: 17,406
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17406 Federal Register/Vol. 74, No. 71/Wednesday, April 15, 2009/Rules and Regulations
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(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, 0, 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.
a Therefore, 40 CFR chapter I is
amended as follows:
PART 180-[AMENDED]
m 1. The authority citation for part 180
continues to read as follows:
Authority: 21 U.S.C. 321(q), 346a and 371.
* 2. In 180.153, is amended by
alphabetically adding the commodity to
the table in paragraph (a) to read as
follows:
180.153 Diazinon; tolerances for
residues.Federal Food, Drug, and Cosmetic Act
Commodity Parts per million
G rape2 ............................ 0.75
[FR Doc. E9-8117 Filed 4-14-09; 8:45 am]
BILLING CODE 6560-50-S
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 228
[EPA-R1i0-OW-2008-0745; FR L-8791-2]
Ocean Dumping; Designation of Ocean
Dredged Material Disposal Site
Offshore of the Rogue River, OR
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Final rule.
SUMMARY: On October 14, 2008, EPA
published a proposed rule at 73 FR
60662 to designate an ocean dredged
material disposal site located offshore of
the Rogue River, Oregon, and
simultaneously withdrew an earlier
proposal. EPA observed a typographical
error in the proposed rule as published.
In proposed rule, FR Doc. EPA-R10-
OW-2008-0745, on page 60670 in the
issue of October 14, 2008, in the first
column, the very first coordinate was
published as 42024'5.40" N, but should
have been published as 4224'15.40" N.
The coordinate was published correctly
on page 60664 in the first column as
4224'15.40" N. EPA received no
comments on the proposed rule. EPA
did receive one letter, dated November
12, 2008, from the Department of the
Interior (DOI) stating that DOI had no
comments. This action finalizes the
designation of the Rogue River ocean
dredged material disposal site, with the
correct coordinates, pursuant to the
Marine Protection, Research, and
Sanctuaries Act, as amended (MPRSA),
33 U.S.C. 1401 to 1445. The new site is
needed primarily to serve as a long-term
location for the disposal of material
dredged from the Rogue River
navigation channel. The new site will
also serve to provide a location for the
disposal of dredged material for persons
who have received a permit for such
disposal. The newly designated site will
be subject to ongoing monitoring and
management as specified in this rule
and in the Site Management and
Monitoring Plan, which is also finalized
as part of this action. The monitoring
and management requirements will helpto ensure continued protection of the
marine environment.(a) General. * * *
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United States. Office of the Federal Register. Federal Register, Volume 74, Number 71, April 15, 2009, Pages 17371-17586, periodical, April 15, 2009; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc132933/m1/43/: accessed April 25, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.