Federal Register: April 15, 2009 (Volume 74, Number 71)
DOCID: fr15ap09-17 FR Doc E9-8117
ENVIRONMENTAL PROTECTION AGENCY
Environmental Protection Agency
CFR Citation: 40 CFR Part 180
EPA ID: [EPA-HQ-OPP-2007-1170; FRL-8410-1]
ACTION: Hazardous Waste Management System:
DOCUMENT ACTION: Final rule.
Modification of Pesticide Tolerance Revocation for Diazinon
DATES: This final rule is effective April 15, 2009.
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.
Modification of Pesticide Tolerance Revocation for Diazinon
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:
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
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 eCFR site at http:// www.gpoaccess.gov/ecfr.
II. Prior Diazinon Tolerance Rulemaking
On May 21, 2008 (73 FR 29456) (FRL83621), EPA proposed the revocation of the tolerance for residues of diazinon, O, Odiethyl O [6methyl2(1methylethyl)4pyrimidinyl]phosphorothioate; (CAS Reg. No. 333415), 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 83793) 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.
Therefore, pursuant to section 408(g)(2)(C) of FFDCA, a tolerance for the residues of diazinon, O, Odiethyl O[6methyl2(1
methylethyl)4pyrimidinyl]phosphorothioate; (CAS Reg. No. 333415), 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.
Director, Office of Pesticide Programs.
Therefore, 40 CFR chapter I is amended as follows:
1. The authority citation for part 180 continues to read as follows:
Authority: 21 U.S.C. 321(q), 346a and 371.
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 * * * * *
* * * * *
[FR Doc. E98117 Filed 41409; 8:45 am]
BILLING CODE 656050S
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 204600001; telephone number: (703) 3080048; fax number: (703) 3088005; email address: firstname.lastname@example.org.