[Federal Register: November 20, 2008 (Volume 73, Number 225)]
[Notices]
[Page 70340-70342]
[DOCID:fr20no08-53]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2242-078]

Eugene Water and Electric Board; Notice of Settlement Agreement
and Soliciting Comments, Application Ready for Environmental Analysis
and Soliciting Comments, Recommendations, Terms and Conditions, and
Prescriptions, and Revised Schedule for Environmental Assessment

November 14, 2008.
    Take notice that the following hydroelectric application has been
filed

with the Commission and is available for public inspection:
    a. Type of Application: New Major License and Settlement Agreement.
    b. Project No.: 2242-078.
    c. Date Filed: The license application was filed on November 24,
2006. The settlement agreement was filed on October 23, 2008.
    d. Applicant: Eugene Water and Electric Board.
    e. Name of Project: Carmen-Smith Hydroelectric Project.
    f. Location: On the McKenzie River in Lane and Linn Counties, near
McKenzie Bridge, Oregon. The project occupies approximately 560 acres
of the Willamette National Forest.
    g. Filed Pursuant to: The license application was filed pursuant to
Federal Power Act, 16 U.S.C. 791(a)-825(r). The settlement agreement
was filed pursuant to Rule 602 of the Commission's Rules of Practice
and Procedure, 18 CFR 385.602.
    h. Applicant Contact: Randy L. Berggren, General Manager, Eugene
Water and Electric Board, 500 East 4th Avenue, P.O. Box 10148, Eugene,
OR 97440,<PHONE_NUMBER>.
    i. FERC Contact: Bob Easton,<PHONE_NUMBER> or
<EMAIL_ADDRESS>    j. Deadlines for Filing Comments: Comments on the settlement
agreement are due 20 days from the issuance date of this notice, with
reply comments due 30 days from the issuance date of this notice.
Comments, recommendations, terms and conditions, and prescriptions are
due 60 days from the issuance date of this notice, with reply comments
due 105 days from the issuance date of this notice.
    All documents (original and eight copies) should be filed with:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888
First Street, NE., Washington, DC 20426.
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person on the official service list for the
project. Further, if an intervenor files comments or documents with the
Commission relating to the merits of an issue that may affect the
responsibilities of a particular resource agency, they must also serve
a copy of the document on that resource agency.
    Comments, recommendations, terms and conditions, and prescriptions
may be filed electronically via the Internet in lieu of paper. The
Commission strongly encourages electronic filings. See 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
(http://www.ferc.gov) under the ``e-Filing'' link.
    k. This application has been accepted for filing and is now ready
for environmental analysis.
    l. The Carmen-Smith Hydroelectric Project consists of two
developments, the Carmen development and the Trail Bridge development.
The Carmen development includes: (1) A 25-foot-high, 2,100-foot-long,
and 10-foot-wide earthen Carmen diversion dam with a concrete weir
spillway, (2) a 11,380-foot-long by 9.5-foot-diameter concrete Carmen
diversion tunnel located on the right abutment of the spillway, (3) a
235-foot-high, 1,100-foot-long, and 15-foot-wide earthen Smith
diversion dam with a gated Ogee spillway, (4) a 7,275-foot-long by
13.5-foot-diameter concrete-lined Smith power tunnel, (5) a 1,160-foot-
long by 13-foot-diameter steel underground Carmen penstock, (6) a 86-
foot-long by 79-foot-wide Carmen powerhouse, (7) two Francis turbines
each with a generating capacity of 52.25 megawatts (MW) for a total
capacity of 104.50 MW, (8) a 19-mile, 115-kilovolt (kV) transmission
line that connects the Carmen powerhouse to the Bonneville Power
Administration's Cougar-Eugene transmission line; and (9) appurtenant
facilities.
    The Trail Bridge development includes: (1) A 100-foot-high, 700-
foot-long, and 24-foot-wide earthen Trail Bridge dam section with a
gated Ogee spillway, (2) a 1,000-foot-long and 20-foot-wide emergency
spillway section, (3) a 300-foot-long by 12-foot-diameter concrete
penstock at the intake that narrows to a diameter of 7 feet, (4) a 66-
foot-long by 61-foot-wide Trail Bridge powerhouse, (5) one Kaplan
turbine with a generating capacity of 9.975 MW; (6) a one-mile, 11.5-kV
distribution line that connects the Trail Bridge powerhouse to the
Carmen powerhouse; and (7) appurtenant facilities.
    m. EWEB filed the Relicensing Settlement Agreement on behalf of
itself and the National Marine Fisheries Service, U.S. Fish and
Wildlife Service, U.S. Department of Agriculture Forest Service, Oregon
Department of Environmental Quality, Oregon Department of Fish and
Wildlife, Oregon Parks and Recreation Department, Confederated Tribes
of the Grand Ronde Community of Oregon, Confederated Tribes of Siletz
Indians of Oregon, Confederated Tribes of the Warm Springs Reservation
of Oregon, American Whitewater, Cascadia Wildlands Project, Oregon
Hunters Association, Oregon Wild, Rocky Mountain Elk Foundation,
McKenzie Flyfishers, and Trout Unlimited. The purpose of the agreement
is to balance the interests of all the parties and to provide a balance
between the resources affected by the project and project operations.
The agreement is also designed to satisfy the interests of state and
federal agencies with statutory authority, trust responsibility, and
obligations associated with resources that may be affected by the
project. The agreement includes environmental protection, mitigation,
and enhancement measures through a series of proposed license articles
and exhibits to the agreement, as well as other provisions related to
items such as the duration of the new license, coordination and
decision making, commitments of governmental parties under related
statutory authorities, dispute resolution and agreement termination,
and other general provisions. EWEB requests on behalf of all the
parties that the proposed license articles be incorporated into the new
license by the Commission without material modification.
    n. A copy of the application and the settlement agreement is
available for review at the Commission in the Public Reference Room or
may be viewed on the Commission's Web site at http://www.ferc.gov using
the ``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. For
assistance, contact FERC Online Support at<EMAIL_ADDRESS>or toll-free at 1-866-208-3676, or for TTY,<PHONE_NUMBER>. A copy is
also available for inspection and reproduction at the address in item h
above.
    You may also register online at http://www.ferc.gov/docs-filing/
esubscription.asp to be notified via e-mail of new filings and
issuances related to this or other pending projects. For assistance,
contact FERC Online Support.
    o. A license applicant must file no later than 60 days following
the date of issuance of this notice: (1) A copy of the water quality
certification; (2) a copy of the request for certification, including
proof of the date on which the certifying agency received the request;
or (3) evidence of waiver of water quality certification.
    p. Procedural schedule: At this time we anticipate preparing one
environmental assessment (EA). Recipients will have 30 days to provide
the Commission with any written comments on the EA. A revised EA may be
prepared based on the comments received. The application will be
processed according to the following schedule. Revisions to the
schedule will be made as appropriate.

------------------------------------------------------------------------

------------------------------------------------------------------------
Comments, terms and conditions due........  January 2009
Reply comments due........................  March 2009
Notice of the Availability of the EA......  May 2009
End of public comment period on EA........  June 2009
Final decision on license.................  February 2010
------------------------------------------------------------------------

Kimberly D. Bose,
Secretary.
[FR Doc. E8-27566 Filed 11-19-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: September 22, 2006 (Volume 71, Number 184)]
[Rules and Regulations]
[Page 55290-55293]
[DOCID:fr22se06-5]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2006-0773; FRL-8093-3]

Fenamidone; Pesticide Tolerance for Emergency Exemption

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation establishes a time-limited tolerance for
residues of fenamidone in or on carrots. This action is in response to
EPA's granting of an emergency exemption under section 18 of the
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) authorizing
use of the pesticide on carrots. This regulation establishes a maximum
permissible level for residues of fenamidone in this food commodity.
The tolerance expires and is revoked on December 31, 2009.

DATES: This regulation is effective September 22, 2006. Objections and
requests for hearings must be received on or before November 21, 2006,
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-2006-0773. All documents in the
docket are listed on the regulations.gov website. 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 either in the electronic docket at http://www.regulations.gov
, or, if only available in hard copy, at the Office

of Pesticide Programs (OPP) Regulatory Public Docket in Rm. S-4400, One
Potomac Yard (South Building), 2777 S. Crystal Drive Arlington, VA. The
hours of operation of this Docket Facility are from 8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays. The Docket
telephone number is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Andrea Conrath, Registration Division
(7505P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone
number:<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>
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 an electronic copy of this Federal
Register document through the electronic docket 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 e-CFR site at http://www.gpoaccess.gov/ecfr
.

C. Can I File an Objection or Hearing Request?

    Under section 408(g) of the FFDCA, as amended by the FQPA, any
person may file an objection to any aspect of this regulation and may
also request a hearing on those objections. The EPA procedural
regulations which govern the submission of objections and requests for
hearings appear in 40 CFR part 178. You must file your objection or
request a hearing on this regulation in accordance with the
instructions provided in 40 CFR part 178. To ensure proper receipt by
EPA, you must identify docket ID number EPA-HQ-OPP-2006-0773 in the
subject line on the first page of your submission. All requests must be
in writing, and must be mailed or delivered to the Hearing Clerk on or
before November 21, 2006.
    In addition to filing an objection or hearing request with the
Hearing Clerk as described in 40 CFR part 178, please submit a copy of
the filing that does not contain any CBI for inclusion in the public
docket that is described in ADDRESSES. Information not marked
confidential pursuant to 40 CFR part 2 may be disclosed publicly by EPA
without prior notice. Submit your copies, identified by docket ID
number EPA-HQ-OPP-2006-0773, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.

Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Building), 2777 S. Crystal Drive, Arlington, VA. Deliveries are only
accepted during the Docket's normal hours of operation (8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays). Special
arrangements should be made for deliveries of boxed information. The
Docket telephone number is<PHONE_NUMBER>.

II. Background and Statutory Findings

    EPA, on its own initiative, in accordance with sections 408(e) and
408 (l)(6) of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21
U.S.C. 346a, is establishing a time-limited tolerance for residues of
the fungicide fenamidone, (4H-imidazol-4-one, 3,5-dihydro-5-methyl-2-
(methylthio)-5-phenyl-3-(phenylamino), (S)-), in or on carrot at 0.20
parts per million (ppm). This tolerance expires and is revoked on

December 31, 2009. EPA will publish a document in the Federal Register
to remove the revoked tolerance from the Code of Federal Regulations
(CFR).
    Section 408(l)(6) of the FFDCA requires EPA to establish a time-
limited tolerance or exemption from the requirement for a tolerance for
pesticide chemical residues in food that will result from the use of a
pesticide under an emergency exemption granted by EPA under section 18
of FIFRA. Such tolerances can be established without providing notice
or period for public comment. EPA does not intend for its actions on
section 18 related tolerances to set binding precedents for the
application of section 408 of the FFDCA and the new safety standard to
other tolerances and exemptions. Section 408(e) of the FFDCA allows EPA
to establish a tolerance or an exemption from the requirement of a
tolerance on its own initiative, i.e., without having received any
petition from an outside party.
    Section 408(b)(2)(A)(i) of the FFDCA allows EPA to establish a
tolerance (the legal limit for a pesticide chemical residue in or on a
food) only if EPA determines that the tolerance is ``safe.'' Section
408(b)(2)(A)(ii) of the FFDCA defines ``safe'' to mean that ``there is
a reasonable certainty that no harm will result from aggregate exposure
to the pesticide chemical residue, including all anticipated dietary
exposures and all other exposures for which there is reliable
information.'' This includes exposure through drinking water and in
residential settings, but does not include occupational exposure.
Section 408(b)(2)(C) of the FFDCA requires EPA to give special
consideration to exposure of infants and children to the pesticide
chemical residue in establishing a tolerance and to ``ensure that there
is a reasonable certainty that no harm will result to infants and
children from aggregate exposure to the pesticide chemical residue. . .
.''
    Section 18 of the FIFRA authorizes EPA to exempt any Federal or
State agency from any provision of FIFRA, if EPA determines that
``emergency conditions exist which require such exemption.'' This
provision was not amended by the Food Quality Protection Act of 1996
(FQPA). EPA has established regulations governing such emergency
exemptions in 40 CFR part 166.

III. Emergency Exemption for Fenamidone on Carrot and FFDCA Tolerances

    The applicant stated that the only registered fungicide treatment
for controlling cavity spot in carrots in southern California appears
to be losing efficacy due to the development of resistant isolates of
the fungal pathogen to the only registered fungicide. Data was
submitted showing yield and significant economic losses have occurred
and are expected to recur without this requested emergency exemption
use. EPA has authorized under FIFRA section 18 the use of fenamidone on
carrots for control of cavity spot in California. After having reviewed
the submission, EPA concurs that emergency conditions exist for this
State.
    As part of its assessment of this emergency exemption, EPA assessed
the potential risks presented by residues of fenamidone in or on
carrots. In doing so, EPA considered the safety standard in section
408(b)(2) of the FFDCA, and EPA decided that the necessary tolerance
under section 408(l)(6) of the FFDCA would be consistent with the
safety standard and with FIFRA section 18. Consistent with the need to
move quickly on the emergency exemption in order to address an urgent
non-routine situation and to ensure that the resulting food is safe and
lawful, EPA is issuing this tolerance without notice and opportunity
for public comment as provided in section 408(l)(6) of the FFDCA.
Although this tolerance expires and is revoked on December 31, 2009,
under section 408(l)(5) of the FFDCA, residues of the pesticide not in
excess of the amounts specified in the tolerance remaining in or on
carrot after that date will not be unlawful, provided the pesticide is
applied in a manner that was lawful under FIFRA, and the residues do
not exceed a level that was authorized by this tolerance at the time of
that application. EPA will take action to revoke this tolerance earlier
if any experience with, scientific data on, or other relevant
information on this pesticide indicate that the residues are not safe.
    Because this tolerance is being approved under emergency
conditions, EPA has not made any decisions about whether fenamidone
meets EPA's registration requirements for use on carrot or whether a
permanent tolerance for this use would be appropriate. Under these
circumstances, EPA does not believe that this tolerance serves as a
basis for registration of fenamidone by a State for special local needs
under FIFRA section 24(c). Nor does this tolerance serve as the basis
for any State other than California to use this pesticide on this crop
under section 18 of FIFRA without following all provisions of EPA's
regulations implementing FIFRA section 18 as identified in 40 CFR part
166. For additional information regarding the emergency exemption for
fenamidone, contact the Agency's Registration Division at the address
provided under FOR FURTHER INFORMATION CONTACT.

IV. Aggregate Risk Assessment and Determination of Safety

    EPA performs a number of analyses to determine the risks from
aggregate exposure to pesticide residues. For further discussion of the
regulatory requirements of section 408 of the FFDCA and a complete
description of the risk assessment process, see http://www.epa.gov/fedrgstr/EPA-PEST/1997/November/Day-26/p30948.htm
.

    Consistent with section 408(b)(2)(D) of the FFDCA, EPA has reviewed
the available scientific data and other relevant information in support
of this action. EPA has sufficient data to assess the hazards of
fenamidone and to make a determination on aggregate exposure,
consistent with section 408(b)(2) of the FFDCA, for a time-limited
tolerance for residues of fenamidone in or on carrot at 0.20 ppm.
    On September 29, 2004 the Agency published a Final Rule (69 FR
58058, FRL-7681-3) establishing tolerances for residues of fenamidone
(4H-imidazol-4-one, 3,5-dihydro-5-methyl-2-(methylthio)-5-phenyl-3-
(phenylamino), (S)-) in or on garlic, bulb; garlic, great headed; grape
(imported); leek; onion, dry bulb; onion, green; onion, welsh; shallot,
bulb; shallot, fresh leaves; tomato; tomato, paste; tomato, puree;
vegetable, cucurbit, group 09; vegetable, tuberous and corm, subgroup
01C and establishing tolerances for combined residues of fenamidone
(4H-imidazol-4-one, 3,5-dihydro-5-methyl-2-(methylthio)-5-phenyl-3-
(phenylamino), (S)-) and its metabolite RPA 717879 (2,4-
imidazolidinedione, 5-methyl-5-phenyl) in or on fat (beef, goat, and
sheep); meat (beef, goat, and sheep); meat byproducts (beef, goat, and
sheep); milk; wheat, grain; wheat forage; wheat, hay; and wheat, straw.
Refer to the September 29, 2004 Federal Register document for a
detailed discussion of the aggregate risk assessments and determination
of safety. EPA relies upon those risk assessments, hazard selections,
and related findings and assumptions made in that Federal Register
document in support of this action.
    Relying upon the 2004 risk assessment detailed in the September 29,
2004 Federal Register document, the Agency calculated the additional
dietary risk from fenamidone residues on carrots in association with
the requested emergency exemption and at a residue level of 0.2 ppm.
Acute dietary exposure

from this use is estimated to utilize an additional 1% of the aPAD for
the general U.S. population, and a negligible contribution to the aPAD
for children 1-2 years old, the most highly exposed population subgroup
on an aggregate basis. Aggregate acute exposure for registered uses,
including drinking water, and this use on carrot is estimated to
utilize 17% of the aPAD for the general U.S. population, and 24% of the
aPAD for children 1-2 years old, the most highly exposed population
subgroup.
    Chronic dietary exposure for this use is estimated to utilize an
additional 7% of the cPAD for the general U.S. population, and an
additional 13% of the cPAD for children 1-2 years old, the most highly
exposed population subgroup. Aggregate chronic exposure for registered
uses, including drinking water, and the proposed use on carrot is
estimated to utilize 36% of the cPAD for the general U.S. population,
and 82% of the cPAD for children 1-2 years old, the most highly exposed
population subgroup.
    Establishing the carrot tolerance will increase some of the most
recent estimated aggregate risks resulting from use of fenamidone, as
discussed in the September 29, 2004 Federal Register. However, all
estimated risks are still below levels of concern. Therefore, based on
this incremental risk assessment, and the risk assessment discussed in
the final rule published in the Federal Register of September 29, 2004,
EPA concludes that there is a reasonable certainty that no harm will
result to the general population, and to infants and children from
aggregate exposure to fenamidone residues.

V. Other Considerations

A. Analytical Enforcement Methodology

    Adequate enforcement methodology is available to enforce the
tolerance expression. The Registrant of fenamidone has proposed a
liquid chromatograph/mass spectroscopy (LC/MS) method for the
enforcement of the plant tolerances (the method does not distinguish
the S- and R-enantiomers). Adequate method validation, radiovalidation,
and independent method validation (ILV) of the proposed enforcement
method have been submitted.
    The method may be requested from: Chief, Analytical Chemistry
Branch, Environmental Science Center, 701 Mapes Rd., Ft. Meade, MD
20755-5350; telephone number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>

B. International Residue Limits

    There are currently no established Codex, Canadian, or Mexican
maximum residue limits (MRLs) for fenamidone in or on carrot;
therefore, harmonization is not an issue for this action.

VI. Conclusion

    Therefore, the time-limited tolerance is established for residues
of fenamidone, (4H-imidazol-4-one, 3,5-dihydro-5-methyl-2-(methylthio)-
5-phenyl-3-(phenylamino), (S)-), in or on carrot at 0.20 ppm.

VII. Statutory and Executive Order Reviews

    This final rule establishes a time-limited tolerance under section
408 of the FFDCA. The Office of Management and Budget (OMB) has
exempted these types of actions from review under Executive Order
12866, entitled Regulatory Planning and Review (58 FR 51735, October 4,
1993). Because this rule has been exempted from review under Executive
Order 12866 due to its lack of significance, this rule is not subject
to Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use (66 FR 28355,
May 22, 2001). 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., or 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). 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);
or OMB review or any Agency action under Executive Order 13045,
entitled Protection of Children from Environmental Health Risks and
Safety Risks (62 FR 19885, April 23, 1997). 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). Since
tolerances and exemptions that are established on the basis of a FIFRA
section 18 exemption under section 408 of the 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. In addition, the Agency has
determined that this action will not have a substantial direct effect
on States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132,
entitled Federalism (64 FR 43255, August 10, 1999). Executive Order
13132 requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive order to include regulations that have ``substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.'' This final
rule directly regulates growers, food processors, food handlers, and
food retailers, not States. This action does not alter the
relationships or distribution of power and responsibilities established
by Congress in the preemption provisions of section 408(n)(4) of the
FFDCA. For these same reasons, the Agency has determined that this rule
does not have any ``tribal implications'' as described in Executive
Order 13175, entitled Consultation and Coordination with Indian Tribal
Governments (65 FR 67249, November 6, 2000). Executive Order 13175,
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' ``Policies that have tribal
implications'' is defined in the Executive order to include regulations
that have ``substantial direct effects on one or more Indian tribes, on
the relationship between the Federal Government and the Indian tribes,
or on the distribution of power and responsibilities between the
Federal Government and Indian tribes.'' This rule will not have
substantial direct effects on tribal governments, on the relationship
between the Federal Government and Indian tribes, or on the
distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified in Executive Order 13175.
Thus, Executive Order 13175 does not apply to this rule.

VIII. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement

Fairness Act of 1996, generally provides that before a rule may take
effect, the agency promulgating the rule must submit a rule report,
which includes a copy of the rule, to each House of the Congress and to
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 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: September 12, 2006.
Lois Rossi,
Director, Registration Division, 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. Section 180.579 is amended by adding text and a table to paragraph
(b) to read as follows:

Sec.  180.579  Fenamidone; tolerances for residues.

* * * * *
    (b) Section 18 emergency exemptions. A time-limited tolerance is
established for residues of the fungicide fenamidone, (4H-imidazol-4-
one, 3,5-dihydro-5-methyl-2-(methylthio)-5-phenyl-3-(phenylamino), (S)-
) in connection with use of the pesticide under a section 18 emergency
exemption granted by EPA. The tolerance will expire and is revoked on
the date specified in the following table:

------------------------------------------------------------------------
                                                          Expiration/
             Commodity              Parts per million   revocation date
------------------------------------------------------------------------
Carrot............................               0.20         12/31/2009
------------------------------------------------------------------------

[FR Doc. 06-7956 Filed 9-21-06; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register: December 24, 2008 (Volume 73, Number 248)]
[Notices]
[Page 79102-79104]
[DOCID:fr24de08-78]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2007-0994; FRL-8391-9]

Registration Review; Atonik Docket Opened for Review and Comment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA has established registration review dockets for the
pesticides listed in the table in Unit III.A. With this document, EPA
is opening the public comment period for these registration reviews.
Registration review is EPA's periodic review of pesticide registrations
to ensure that each pesticide continues to satisfy the statutory
standard for registration, that is, the pesticide can perform its
intended function without unreasonable adverse effects on human health
or the environment. Registration review dockets contain information
that will assist the public in understanding the types of information
and issues that the Agency may consider during the course of
registration reviews. Through this program, EPA is ensuring that each
pesticide's registration is based on current scientific and other
knowledge, including its effects on human health and the environment.
This document also announces the Agency's intent not to open a
registration review docket for Ampelomyces quisqualis and for Candia
oleophila]. These pesticides do not currently have any actively
registered pesticide products and are not, therefore, scheduled for
review under the registration review program.

DATES: Comments must be received on or before February 23, 2009.

ADDRESSES: Submit your comments identified by the docket identification
(ID) number for the specific pesticide of interest provided in the
table in Unit III.A., by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket Facility's normal hours of operation (8:30
a.m. to 4 p.m., Monday through Friday, excluding legal holidays).
Special arrangements should be made for deliveries of boxed
information. The Docket Facility telephone number is<PHONE_NUMBER>.
    Instructions: Direct your comments to the docket ID numbers listed
in the table in Unit III.A. for the pesticides you are commenting on.
EPA's policy is that all comments received will be included in the
docket without change and may be made available on-line at http://
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through regulations.gov or e-mail. The
regulations.gov website is an ``anonymous access'' system, which means
EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an e-mail comment
directly to EPA without going through regulations.gov, your e-mail
address will be automatically captured and included as part of the
comment that is placed in the docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
    Docket: 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., 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 either 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 hours of
operation of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday
through Friday, excluding legal holidays. The Docket Facility telephone
number is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: For pesticide specific information
contact: The Regulatory Action Leader (RAL)] identified in the table in
Unit III.A. for the pesticide of interest.
    For general information contact: Kevin Costello, Special Review and
Reregistration Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; fax
number:<PHONE_NUMBER>; e-mail address: costello.kevin @epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

 A. Does this Action Apply to Me?

    This action is directed to the public in general, and may be of
interest to a wide range of stakeholders including environmental, human
health, farmworker, and agricultural advocates; the chemical industry;
pesticide users; and members of the public interested in the sale,
distribution, or use of pesticides. Since others also may be
interested, the Agency has not attempted to describe all the specific
entities that may be affected by this action. 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. What Should I Consider as I Prepare My Comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in

accordance with procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments,
remember to:
    i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
    ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period
deadline identified.
    3. Environmental justice. EPA seeks to achieve environmental
justice, the fair treatment and meaningful involvement of any group,
including minority and/or low income populations, in the development,
implementation, and enforcement of environmental laws, regulations, and
policies. To help address potential environmental justice issues, the
Agency seeks information on any groups or segments of the population
who, as a result of their location, cultural practices, or other
factors, may have atypical or disproportionately high and adverse human
health impacts or environmental effects from exposure to the
pesticide(s) discussed in this document, compared to the general
population.

II. Authority

    EPA is initiating its reviews of the pesticides identified in this
document pursuant to section 3(g) of the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA) and the Procedural Regulations
for Registration Review at 40 CFR part 155, subpart C. Section 3(g) of
FIFRA provides, among other things, that the registrations of
pesticides are to be reviewed every 15 years. Under FIFRA section 3(a),
a pesticide product may be registered or remain registered only if it
meets the statutory standard for registration given in FIFRA section
3(c)(5). When used in accordance with widespread and commonly
recognized practice, the pesticide product must perform its intended
function without unreasonable adverse effects on the environment; that
is, without any unreasonable risk to man or the environment, or a human
dietary risk from residues that result from the use of a pesticide in
or on food.

III. Registration Reviews

A. What Action is the Agency Taking?

    As directed by FIFRA section 3(g), EPA is reviewing the pesticide
registrations identified in the table in this unit to assure that they
continue to satisfy the FIFRA standard for registration--that is, they
can still be used without unreasonable adverse effects on human health
or the environment. A pesticide's registration review begins when the
Agency establishes a docket for the pesticide's registration review
case and opens the docket for public review and comment. At present,
EPA is opening registration review dockets for the cases identified in
the following table.

               Table--Registration Review Dockets Opening
------------------------------------------------------------------------
                                                         RAL, Telephone
  Registration Review Case Name    Docket ID Number     Number, E-mail
           and Number                                       Address
------------------------------------------------------------------------
Atonick; Case 6067                EPA-HQ-OPP-2008-08  Driss Benmhend
                                   32<PHONE_NUMBER>
                                                      benmhend.driss@epa
                                                       .gov
------------------------------------------------------------------------

     EPA is also announcing that it will not be opening a docket for
Ampelomyces quisqualis and for Candia oleophila because these
pesticides are not included in any products actively registered under
FIFRA section 3.
    Ampelomyces quisqualis isolate M-10: This active ingredient was
registered by Ecogen Inc. in June 1994 and voluntarily cancelled on
October 15, 2004 at the registrants request due to non-payment of
maintenance fee (69 FR 62676, October 27, 2004)(FRL-7683-7). The
exemption from tolerance of residues of Ampelomyces quisqualis isolate
M-10 on all raw agricultural commodities (RACs) was reassessed on July
18, 2002 and met the FQPA 1996 Safety standard (40 CFR 180.1131, 59 FR
33437, June 29, 1994). However, there is no registrant for the active
ingredient at this time.
    Candida oleophila isolate I-182: This active ingredient was
registered by Ecogen Inc. in February 1995 and voluntarily cancelled on
July 24, 1996 at the registrants request due to non-payment of
maintenance fee (61 FR 39964, July 31, 1996)(FRL-5383-7). The exemption
from tolerance of residues of Candida oleophila isolate I-182 on all
RACs was reassessed on May 10, 2002 and met the FQPA 1996 Safety
standard (40 CFR 180.1144, 60 FR 11033, March 1, 1995)(FRL-4938-1).
However, there is no registrant for the active ingredient at this time.
    The Agency will take separate actions to cancel any remaining FIFRA
section 24(c) Special Local Needs registrations with this active
ingredient and to propose revocation of any affected tolerances that
are not supported for import purposes only.

 B. Docket Content

    1. Review dockets. The registration review dockets contain
information that the Agency may consider in the course of the
registration review. The Agency may include information from its files
including, but not limited to, the following information:
     An overview of the registration review case status.
     A list of current product registrations and registrants.
     Federal Register notices regarding any pending
registration actions.
     Federal Register notices regarding current or pending
tolerances.
     Risk assessments.
     Bibliographies concerning current registrations.
     Summaries of incident data.
     Any other pertinent data or information.
     Each docket contains a document summarizing what the Agency
currently knows about the pesticide case and a preliminary work plan
for anticipated data and assessment needs. Additional documents provide
more detailed information. During this public comment period, the
Agency is asking that interested persons identify any additional
information they believe the Agency should consider during the

registration reviews of these pesticides. The Agency identifies in each
docket the areas where public comment is specifically requested, though
comment in any area is welcome.
    2. Other related information. More information on these cases,
including the active ingredients for each case, may be located in the
registration review schedule on the Agency's website at http://
www.epa.gov/oppsrrd1/registration_review/schedule.htm. Information on
the Agency's registration review program and its implementing
regulation may be seen at http://www.epa.gov/oppsrrd1/registration_
review.
     3. Information submission requirements. Anyone may submit data or
information in response to this document. To be considered during a
pesticide's registration review, the submitted data or information must
meet the following requirements:
     To ensure that EPA will consider data or information
submitted, interested persons must submit the data or information
during the comment period. The Agency may, at its discretion, consider
data or information submitted at a later date.
     The data or information submitted must be presented in a
legible and useable form. For example, an English translation must
accompany any material that is not in English and a written transcript
must accompany any information submitted as an audiographic or
videographic record. Written material may be submitted in paper or
electronic form.
     Submitters must clearly identify the source of any
submitted data or information.
     Submitters may request the Agency to reconsider data or
information that the Agency rejected in a previous review. However,
submitters must explain why they believe the Agency should reconsider
the data or information in the pesticide's registration review.
     As provided in 40 CFR 155.58, the registration review
docket for each pesticide case will remain publicly accessible through
the duration of the registration review process; that is, until all
actions required in the final decision on the registration review case
have been completed.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: December 12, 2008.
 Janet L. Andersen,
Director, Biopesticides and Pollution Prevention Division, Office of
Pesticide Programs.
[FR Doc. E8-30497 Filed 12-23-08; 8:45 am]

BILLING CODE 6560-50-S