[Federal Register Volume 77, Number 20 (Tuesday, January 31, 2012)]
[Notices]
[Page 4842]
[FR Doc No: 2012-2126]

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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meeting

    Notice is hereby given, pursuant to the provisions of the
Government in the Sunshine Act, Public Law 94-409, that the Securities
and Exchange Commission will hold a Closed Meeting on Thursday,
February 2, 2012 at 2 p.m.
    Commissioners, Counsel to the Commissioners, the Secretary to the
Commission, and recording secretaries will attend the Closed Meeting.
Certain staff members who have an interest in the matters also may be
present.
    The General Counsel of the Commission, or his designee, has
certified that, in his opinion, one or more of the exemptions set forth
in 5 U.S.C. 552b(c)(3), (5), (7), 9(B) and (10) and 17 CFR
200.402(a)(3), (5), (7), 9(ii) and (10), permit consideration of the
scheduled matters at the Closed Meeting.
    Commissioner Walter, as duty officer, voted to consider the items
listed for the Closed Meeting in a closed session.
    The subject matter of the Closed Meeting scheduled for Thursday,
February 2, 2012 will be:

    Institution and settlement of injunctive actions; institution
and settlement of administrative proceedings; and other matters
relating to enforcement proceedings.

    At times, changes in Commission priorities require alterations in
the scheduling of meeting items.
    For further information and to ascertain what, if any, matters have
been added, deleted or postponed, please contact:
    The Office of the Secretary at<PHONE_NUMBER>.

    Dated: January 26, 2012.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2012-2126 Filed 1-27-12; 11:15 am]
BILLING CODE 8011-01-P


[Federal Register Volume 80, Number 17 (Tuesday, January 27, 2015)]
[Notices]
[Page 4320]
[FR Doc No: 2015-01377]

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SECURITIES AND EXCHANGE COMMISSION

Proposed Collection; Comment Request

    Upon Written Request Copies Available From: U.S. Securities and
Exchange Commission, Office of FOIA Services, 100 F Street NE.,
Washington, DC 20549-2736.
    New Information Collection: Supplier Diversity Business Management
System, SEC File No. 270-663, OMB Control No. 3235-XXXX.
    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') is soliciting comments on a new collection
of information summarized below. The Commission plans to submit this
proposed collection of information to the Office of Management and
Budget for approval.
    The Commission is required under Section 342 of the Dodd Frank Wall
Street and Reform Act to develop standards and processes for ensuring
the fair inclusion of women-owned and minority-owned businesses in all
of the Commission's business activities. The effort to implement this
mandate includes the development of a new electronic Supplier Diversity
Business Management System (the System) to collect up-to-date business
information and capabilities statements from diverse suppliers
interested in doing business with the Commission. This information will
allow the Commission to update and more effectively manage its current
internal repository. It will also allow the Commission to measure the
effectiveness of its technical assistance and outreach efforts, and
target areas where additional program efforts are necessary.
    The Commission invites comment on the System. Information will be
collected in the System via web-based, e-filed, dynamic form-based
technology. The company point of contact will complete a profile
consisting of basic contact data and information on the capabilities of
the business. The profile will include a series of questions, some of
which are based on the data that the individual enters. Drop-down lists
will be included where appropriate to increase ease of use.
    The information collection is voluntary. The System is scheduled to
be released in May 2015. There are no costs associated with this
collection. The public interface to the System will be available via a
web-link provided by the agency.
Estimated number of annual responses = 500
Estimated annual reporting burden = 250 hours (30 minutes per
submission)
    Written comments are invited on: (a) Whether this collection of
information is necessary for the proper performance of the functions of
the agency, including whether the information will have practical
utility; (b) the accuracy of the agency's estimate of the burden
imposed by the collection of information; (c) ways to enhance the
quality, utility, and clarity of the information collected; and (d)
ways to minimize the burden of the collection of information on
respondents, including through the use of automated collection
techniques or other forms of information technology. Consideration will
be given to comments and suggestions submitted in writing within 60
days of this publication. Please direct your written comments to Pamela
Dyson, Acting Director/Chief Information Officer, Securities and
Exchange Commission, c/o Remi Pavlik-Simon, 100 F Street NE.,
Washington DC, 20549 or send an email to<EMAIL_ADDRESS>
    Dated: January 21, 2015.
Brent J. Fields,
Secretary.
[FR Doc. 2015-01377 Filed 1-26-15; 8:45 am]
BILLING CODE 8011-01-P


UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                                   REGION 1
                        5 Post Office Square, Suite 100
                            Boston, MA  02109-3912

Date:	May 18, 2015

Subject: 	Technical Support Document for Massachusetts VOC Control Regulations

To: 		SIP file for docket # EPA-R01-OAR-2014-0631

Thru: 	Anne Arnold, Manager
		Air Quality Planning Unit

From: 	Bob McConnell, Environmental Engineer
		Air Quality Planning Unit

		On June 1, 2010, and July 10, 2014, Massachusetts submitted formal revisions to its State Implementation Plan (SIP).  This technical support document reviews the adequacy of the VOC control regulations made within these submittals.  The June 1, 2010 SIP revision request contains an updated version of the Commonwealth's consumer products rule, which will reduce volatile organic compound (VOC) emissions from consumer products and also architectural and industrial maintenance (AIM) coatings.  The Commonwealth's July 10, 2014 submittal contains a regulation limiting VOC emissions from adhesives and sealants.  The Commonwealth's consumer products regulation is discussed below within two separate sections; section I. discusses AIM coatings, and section II. discusses consumer products.

		The product emission limits within the Commonwealth's submittals were compared to limits previously adopted by EPA.  The tables below provide the results of this detailed, product-by-product comparison.

I.	Aim Coatings

		With regard to AIM coatings, the Commonwealth's June 1, 2010 submittal included an amendment to Chapter 310 of the Code of Massachusetts Regulations (CMR), section 7.25, Best Available Controls for Consumer Products.  This regulation includes controls for AIM coatings, and EPA approved Massachusetts initial regulation for these coatings on December 19, 1995 (60 FR 65240), with a minor update approved on April 11, 2000 (65 FR 19323).  Table 1 provides a comparison of the coating emission VOC content limits, in grams/liter, within the Commonwealth's amended rule and EPA's limits for these coatings contained within 40 CFR Part 59, Appendix D, National VOC Emission Standards for Architectural Coatings. Within Table 1 and the tables that follow, an entry of "NA" under the "EPA" column indicates the coating category is not included within the federal rule.

Table 1:  AIM Coatings VOC Content Limits
Coating Category
                        VOC Content Limit (grams/liter)

                                    MA DEP
                                      EPA
                               General coatings
Flat coatings
100
250
Non-flat coatings
150
380
Non-flat high-gloss coatings
250
NA
                              Specialty coatings
Antenna coatings
530
530
Antifouling coatings
400
450
Bituminous roof coatings
300
500
Bituminous roof primers
350
500
Bond breakers
350
600
Calcimine recoater
475
475
                             Clear Wood Coatings:
1. Clear brushing lacquers
2. Lacquers (including lacquer sanding sealers)
3. Sanding sealers (other than lacquer sanding sealers)
4. Varnishes

680
550
350
350

NA
680
NA
450
Concrete curing compounds
350
350
Concrete surface retarders
780
780
Conversion varnishes
725
725
Dry fog coatings
400
400
Faux finishing coatings
350
700
Fire resistive coatings
350
850/450
Fire retardant coatings:
1. Clear
2. Opaque

650
350

850
450
Floor coatings
250
400
Flow coatings
420
450
Form-release compounds
250
450
Graphic arts coatings (sign paints)
500
500
High temperature coatings
420
650/420
Impacted immersion coatings
780
780
Industrial maintenance coatings
340
450
Low-solids coatings
120
120
Magnesite cement coatings
450
600
Mastic texture coatings
300
300
Metallic pigmented coatings
500
500
Multi-color coatings
250
580
Nuclear coatings
450
450
Pretreatment wash primers
420
780
Primers, sealers, and undercoaters
200
350/400
Quick dry enamels
250
450
Quick dry primers, sealers, and undercoaters
200
450
Recycled coatings
250
NA
Roof coatings
250
250
Rust preventative coatings
340
400
                                   Shellacs
1. Clear
2. Opaque

730
550

730
550
Specialty primers, sealers, and undercoaters
350
NA
Stains
250
550/350
Swimming pool coatings
340
600
Swimming pool repair and maintenance coatings
340
NA
Temperature-indicator safety coatings
550
NA
Thermoplastic rubber coatings and mastics
550
550
Traffic marking coatings
150
150
Waterproofing sealers
250
600
Waterproofing concrete/masonry sealers
400
NA
Wood preservatives
350
550/550/550/350

		We note that a minor difference exists in how recycled coatings are treated within the Commonwealth's AIM coating rule and the federal rule.  The Commonwealth's rule, as indicated in Table 1 above, establishes a VOC content limit of 250 grams per liter (g/l) for recycled coatings.  The federal AIM rule employs use of a formula based on the percent of the coating that is from recycled materials, and then determines an adjusted VOC content that is compared to the normative standard for that product category.  Therefore, it is conceivable that the Commonwealth's regulation could provide a less stringent standard than the federal AIM rule would provide for product containing recycled materials.  If this situation occurs, we note that the limits within the federal AIM rule would need to be met.  Additionally, there are a number of product categories in the federal AIM rule that are not similarly named within the Commonwealth's rule.  Table 2 below identifies these product categories, and links them to the product category with the Massachusetts AIM rule that applies to them.  In all cases the Commonwealth's VOC content limits are either more stringent than, or equivalent to, those within the federal AIM rule.

Table 2: Cross-link between federal AIM rule and MA-DEP rule for certain coating categories

                               Federal AIM rule
                                  MA DEP rule
Coating category
VOC content limit (g/l)
Corresponding MA-DEP category
VOC content limit (g/l)
Anti-graffiti coatings
600
Industrial maintenance coatings (permanent type)
340
Bituminous coatings and mastics
500
Flat or non-flat (for bituminous pavement sealers)
Bituminous roof coating
Bituminous roof primers
Industrial maintenance coatings
Metalic pigmented coatings (for bituminous aluminum roof coatings that meet the metallic pigmented coating definition)
100/150

300
350
340
500
Chalkboard resurfacers
450
Industrial maintenance coatings
340
Concrete curing and sealing compounds
700
Concrete curing compounds

Water proofing concrete/masonry sealers
350

400
Concrete protective coatings
400
Water proofing concrete/masonry sealers
400
Extreme high durability coatings
800
Industrial maintenance coatings
340
Heat reactive coatings
420
Industrial maintenance coatings
340
Nonferrous ornamental metal lacquers and surface protectants
870
Rust preventative coatings
400
Repair and maintenance thermoplastic coatings
650
Industrial maintenance coatings
340
Stain controllers
720
Low solids
120
Zone marking coatings
450
Traffic marking
150

		Massachusetts' revised requirements for AIM coatings contains a "sell through" provision which enabled coating manufacturers to sell coatings manufactured before the effective date of these requirements to be sold for up to three years from the rule's January 1, 2009 compliance date.  The rule also includes labeling and recordkeeping requirements that are consistent with EPA's requirements.  Coating manufacturers must maintain coating production records for a minimum of 5 years, and make these records available upon request.

Additional updates to the Commonwealth's previously SIP-approved requirements for AIM coatings include the following items:

        1.  The requirement at 7.25(4) regarding a prohibition against specifying non-compliant AIM products for work to be done within Massachusetts was moved to 7.25(11) because it pertains to AIM coatings, and does not apply to consumer and commercial products.

        2. A provision explaining that possible future emission standards promulgated by EPA would override existing Massachusetts standards was removed.  We note, however, that any future EPA standards that are more stringent that the comparable Massachusetts standard would indeed need to be complied with.

        3. Requirements for products registered pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) were moved from 7.25(6) to 7.25(11) and (12).

        4. The existing innovative products exemption was moved from 7.25(7) to 7.25(12);

        5. The requirement at 7.25(8) that compliance certifications be submitted to the Massachusetts Department of Environmental Protection (MA-DEP) was removed, but the obligation for sources to prepare and maintain this information on site, and submit it to MA-DEP upon request, was retained.

      The updates Massachusetts has made to its existing AIM coatings regulation strengthen the rule and are consistent with the Clean Air Act, and we therefore I recommend approving them as revisions to the Commonwealth's SIP.

II.	Consumer products requirements.

	The Commonwealth's updated consumer product requirements became effective January 1, 2009, by which time other OTC states, and California, had adopted similar limits.  This enables manufacturers to achieve compliance by using product reformulations that are similar to the available compliant products in other jurisdictions.  Table 3 below contains the VOC content limits within Massachusetts' updated regulation and the federal requirements located at 40 CFR 59, Subpart C, "National VOC Emission Standards for Consumer Products."  In Table 3, "NA" entries within the EPA column indicates that product category is not contained within the federal rule.

      The consumer products provisions of 310 CMR 7.25 contain a number of flexibility provisions, including the three year sell through provision mentioned earlier with regard to the AIM coating requirements.  The rule also allows an entity to apply for a variance that would postpone compliance upon a successful showing of an economic hardship due to the tightened limits within the rule.  A manufacturer may apply directly to the MA-DEP for such an exemption, or alternatively, may request that an exemption awarded by CARB be used for compliance in Massachusetts.   In the latter case, the CARB issued exemption must be shown to be based on data that is valid in the Commonwealth.  In order for a variance to be granted, a source must meet a number of requirements including a demonstration that compliance would result in extraordinary economic hardship, and submittal of a compliance report indicating that the source will meet the rule's requirements as expeditiously as possible.  Additionally, the rule requires that any such request for a variance be subject to a public hearing, and must also be approved by EPA before becoming effective.

      The Commonwealth initially chose to not allow alternative compliance plans (ACPs) within its regulation, but changed course and adopted provisions allowing for them within amendments made on March 6, 2009, in part due to comments from industry requesting this flexibility.  The provision allows manufacturers to average VOC emissions among products to meet overall VOC emission limits, and is used by other OTC states and by CARB within their consumer products rules.  After consulting with other states on their experience offering this flexibility, the Commonwealth determined that it was appropriate to allow this with its consumer products regulation.  EPA commented that any such ACP would need to be approved into the Massachusetts SIP, and within its response to comments the Commonwealth committed to submit any such ACP it receives to EPA for approval into the Massachusetts SIP.

Table 3: Consumer Products VOC Content Limits

                           Consumer Product Category
                            VOC Content Limit (g/l)

                                    MA DEP
                                      EPA
                               Adhesive removers

Floor or wall covering
                                       5
                                      NA
Gasket or thread locking
                                      50
                                      NA
General purpose
                                      20
                                      NA
Specialty
                                      70
                                      NA
                                   Adhesives

Aerosols:
   Mist spray
   Web spray

                                      65
                                      55
                                      75
Special purpose spray adhesives:
   Mounting; automobile engine compartment; flexible vinyl
   Polystyrene foam and automobile headliner
   Polyolefin and laminate repair/edgebanding

                                      70

                                      65
                                      60

                                      NA

                                      NA
                                      NA
Contact:
   General purpose
   Special purpose

                                      55
                                      80
                                      80
Construction, panel, floor covering
                                      15
                                      40
General purpose
                                      10
                                      10
Structural, waterproof
                                      15
                                      15
                                Air fresheners

Single-phase aerosol
                                      30
                                      70
Double-phase aerosol
                                      25
                                      30
Dual purpose freshener/disinfectant
                                      60
                                      NA
Liquids/pump spray
                                      18
                                      18
Solids/gels
                                       3
                                       3
                                Antiperspirants

Aerosol
                                    40 HVOC
                                    10 MVOC
                                    60 HVOC
                                      NA
Non-aerosol
                                    0 HVOC
                                    0 MVOC
                                      NA
                           Anti-static (non-aerosol)
                                      11
                                      NA
                           Automotive brake cleaners
                                      45
                                      NA
                   Automotive rubbing or polishing compound
                                      17
                                      NA
                   Automotive wax, polish, sealant or glaze

Hard paste waxes
                                      45
                                      NA
Instant detailers
                                       3
                                      NA
All other forms
                                      15
                                      NA
Automotive windshield washer fluid
                                      35
                                      35
                          Bathroom and tile cleaners

Aerosols
                                       7
                                       7
All other forms
                                       5
                                       5
Bug and tar remover
                                      40
                                      NA
Carburetor and choke cleaners
                                      45
                                      75
                        Carpet and Upholstery Cleaners

Aerosols
                                       7
                                      NA
Non-aerosols (dilutables)
                                      0.1
                                      NA
Non-aerosols (ready-to-use)
                                      3.0
                                      NA
Cooking spray aerosols
                                      18
                                      18
                                  Deodorants

Aerosol
                                    0 HVOC
                                    10 MVOC
                                    20 HVOC
Non-aerosol
                                    0 HVOC
                                    0 MVOC
                                      NA
                                 Dusting aides

Aerosols
                                      25
                                      35
All other forms
                                       7
                                       7
                               Engine degreasers

Aerosols
                                      35
                                      75
Non-aerosols
                                       5
                                      75
Electrical cleaner
                                      45
                                      NA
Electronic cleaner
                                      75
                                      NA
Fabric protectants
                                      60
                                      75
                               Fabric refresher

Aerosol
                                      15
                                      NA
Non-aerosol
                                       6
                                      NA
                             Floor polishes/waxes

Products for flexible flooring materials
                                       7
                                       7
Products for non-resilient flooring
                                      10
                                      10
Wood floor wax
                                      90
                                      90
                              Floor wax strippers

For removal of  light or medium build-up of polish
                                3 (as applied)
                                      NA
For removal of heavy build-up of polish
                                12 (as applied)
                                      NA
                      Foot ware of leather care products

Aerosol
                                      75
                                      NA
Solid
                                      55
                                      NA
All other forms
                                      15
                                      NA
                        Furniture maintenance products

Aerosol
                                      17
                                      25
All other forms except solid or paste
                                       7
                                      NA
                               Graffiti remover

Aerosol
                                      50
                                      NA
Non-aerosol
                                      30
                                      NA
                           General purpose cleaners

                                      10
Aerosols
                                      10

Non-aerosols
                                       4

                          General purpose degreasers

Aerosols
                                      50
                                      NA
Non-aerosols
                                       4
                                      NA
                                Glass cleaners

Aerosols
                                      12
                                      12
All other forms
                                       4
                                       8
Hair mousses
                                       6
                                      16
Hair shines
                                      55
                                      NA
Hair sprays
                                      55
                                      80
Hair styling gels
                                       6
                                       6
                             Hair styling products

Aerosol and pump sprays
                                       6
                                      NA
All other forms
                                       2
                                      NA
Heavy-duty hand cleaners or soaps
                                       8

                                 Insecticides

Crawling bug

                                      40
   Aerosol
                                      15

   All other forms
                                      20

Flea and tick
                                      25
                                      25
Flying bug

                                      35
   Aerosol
                                      25

   All other forms
                                      35

Foggers
                                      45
                                      45
Lawn and garden

                                      20
   Non-aerosol
                                       3

   All other forms
                                      20

Wasp and hornet
                                      40
                                      NA
                                Laundry prewash

Aerosol/solids
                                      22
                                      22
All other forms
                                       5
                                       5
Laundry starch products
                                       5
                                       5
Metal polishes/cleaners
                                      30
                                      NA
Multi-purpose lubricant (Excluding solid or semi-solid products)
                                      50
                                      NA
Nail polish removers
                                      75
                                      85
Non-selective terrestrial herbicide; non-aerosols
                                       3
                                      NA
                                 Oven Cleaners

Aerosols/pump sprays
                                       8
                                       8
Liquid
                                       5
                                       5
Paint remover or stripper
                                      50
                                      NA
Penetrants
                                      50
                                      NA
                         Rubber and vinyl protectants

Non-aerosol
                                       3
                                      NA
Aerosol
                                      10
                                      NA
Sealants and caulking compounds
                                       4
                                      NA
Shaving creams
                                       5
                                       5
Shaving gel
                                       7
                                      NA
Silicone-based multi-purpose lubricants (excluding solid or semi-solid products)
                                      60
                                      NA
                                 Spot removers

                                      NA
Aerosols
                                      25

Non-aerosols
                                       8

Tire sealants and inflators
                                      20
                                      NA
                          Toilet/urinal care products

                                      NA
Aerosols
                                      10

Non-aerosols
                                       3

                                 Wood cleaners

                                      NA
Aerosols
                                      17

Non-aerosols
                                       4

Undercoatings  -  aerosols
                                      40
                                      NA

      The VOC content limits within Table 3 indicate that in all instances the Commonwealth's limits are equal to, or more stringent than, the comparable EPA limit.  Our review of these amendments to Massachusetts' consumer products regulation finds that they act to substantially strengthen them and will help to further reduce VOC emissions, and we are therefore approving them into the Commonwealth's SIP.

III.	Adhesives and sealants regulation

		The Commonwealth's adhesives and sealants regulation imposes VOC content limits or other controls on a number of products, and is based on similar control measures that many California air districts, and other states in the Northeast, have adopted.  In particular, Massachusetts based its regulation on a 2006 OTC model rule, which in turn was based on earlier requirements adopted in California, and on EPA's 2008 document, "Control Techniques Guidelines for Miscellaneous Adhesives."  EPA develops Control Technique Guidelines (CTGs) to assist states with determining the appropriate level of control for sources subject to RACT.  Due to its inclusion within the Ozone Transport Region, the Commonwealth is required to ensure that RACT is applied to industrial sources in the state pursuant to section 184(b)(1)(B) of the CAA.  In 2006, 2007, and 2008, EPA published final CTGs for a number of VOC emitting activities, and Massachusetts' adoption of this regulation satisfies the states obligation to adopt regulations for this particular CTG.

		Although Massachusetts' existing Consumer Products regulation at 310 CMR 7.25(12) regulates "household" adhesives and sealants, it exempts such products sold in containers and volumes more than 16 fluid ounces or weighing more than 1 pound.  Many of these exempted items would be covered by the Commonwealth's adhesives and sealants rule.  The compliance date within the Commonwealth's adhesives and sealants rule is January 1, 2015 with regard to a manufacturer of products sold in the state.  Additionally, the compliance date is September 1, 2015, for any person who sells, supplies, or offers for sale any covered product in Massachusetts, and May 1, 2016 for any person who uses, applies, or solicits the use of covered products in Massachusetts.

		Table 4 below provides the VOC content limits contained within the rule for the covered product categories, which are adhesives, sealants, adhesive primers, and sealant primers, and Table 5 contains the VOC content limits for adhesives applied to particular substrates.  The Commonwealth's adhesives and sealants rule also contains testing, labeling, and recordkeeping requirements for entities subject to the rule.

	Table 4: VOC Content Limits from the Massachusetts Adhesives and Sealants rule

                               Product Category
                        VOC Content Limit (as applied)
                                 (grams/liter)
                                   Adhesives

ABS welding
                                      400
Ceramic tile installation
                                      130
Computer diskette jacket manufacturing
                                      850
Contact
                                      250
Cove base installation
                                      150
CPVC welding
                                      490
Indoor floor covering installation
                                      150
Metal to urethane/rubber molding or casting
                                      850
Multipurpose construction
                                      200
Non-membrane roof installation/repair
                                      300
Outdoor floor covering installation
                                      250
Perimeter bonded sheet vinyl flooring installation
                                      660
Plastic cement welding (non-ABS)
                                      500
PVC welding
                                      510
Sheet rubber lining installation
                                      850
Single-ply roof membrane installation/repair
                                      250
Structural glazing
                                      100
Thin metal laminating
                                      780
Tire retread
                                      100
Waterproof resorcinol glue
                                      170
                                   Sealants

Architectural
                                      250
Marine deck
                                      760
Non-membrane roof installation/repair
                                      300
Roadway
                                      250
Single-ply roof membrane
                                      450
Other
                                      420
                               Adhesive Primers

Automotive glass
                                      700
Plastic cement welding
                                      650
Single-ply roof membrane
                                      250
Traffic marking tape
                                      150
Other
                                      250
                                Sealant Primers

Non-porous architectural
                                      250
Porous architectural
                                      775
Marine deck
                                      760
Other
                                      750

Table 5: VOC Content Limit for Adhesives Applied to Particular Substrates

                              Substrate Category
                  VOC Content Limit as Applied (grams/liter)
Flexible Vinyl
                                      250
Fiberglass
                                      200
Metal
                                      30
Porous Material
                                      120
Reinforced plastic composite
                                      200
Rubber
                                      250
Wood
                                      30
Other substrates
                                      250

		The Massachusetts rule contains VOC content limits that are equal to, or more stringent than, the comparable limits within EPA's CTG.  EPA's CTG contains VOC content limits for "motor vehicle adhesives" and "motor vehicle weather-strip adhesives," two product categories not directly addressed in the Commonwealth's rule.  In its response to comments document prepared for the adhesives and sealants rulemaking, Massachusetts notes this difference and indicates that adhesives that fall under these two categories will be regulated under the applicable category limits for adhesives applied to particular substrates.  These limits have a maximum VOC content of 250 grams/liter and are at least as stringent as the limits for motor vehicle adhesives and motor vehicle weather-strip adhesives within EPA's CTG.

      	The Commonwealth's adhesives and sealants rule also contains testing, labeling, and recordkeeping requirements for entities subject to the rule.  We are approving the Commonwealth's adhesives and sealants regulation as meeting the requirements of RACT as outlined within EPA's 2008 CTG for this category of VOC emitting products.


[Federal Register Volume 83, Number 172 (Wednesday, September 5, 2018)]
[Rules and Regulations]
[Pages 45041-45044]
[FR Doc No: 2018-18999]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0416; Product Identifier 2017-NM-164-AD; Amendment
39-19388; AD 2018-18-09]
RIN 2120-AA64

Airworthiness Directives; Airbus Defense and Space S.A. (Formerly
Known as Construcciones Aeronauticas, S.A.) Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for all
Airbus Defense and Space S.A. Model CN-235, CN-235-100, CN-235-200, and
CN-235-300 airplanes; and certain Model C-295 airplanes. This AD was
prompted by a report that cracks were found on the stabilizer-to-
fuselage rear attachment fitting. This AD requires a detailed
inspection of the upper and lower lugs of each horizontal stabilizer-
to-fuselage rear attachment fitting, repair if necessary, and a report
of findings. We are issuing this AD to address the unsafe condition on
these products.

DATES: This AD is effective October 10, 2018.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of October 10,
2018.

ADDRESSES: For service information identified in this final rule,
contact Airbus Defense and Space Services/Engineering Support, Avenida
de Arag[oacute]n 404, 28022 Madrid, Spain; telephone +34 91 585 55 84;
fax +34 91 585 31 27; email: [email protected]. You may
view this service information at the FAA, Transport Standards Branch,
2200 South 216th St., Des Moines, WA. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>. It is also
available on the internet at http://www.regulations.gov by searching
for and locating Docket No. FAA-2018-0416.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0416; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this final rule, the regulatory evaluation, any comments received, and
other information. The address for Docket Operations (phone: 800-647-
5527) is U.S. Department of Transportation, Docket Operations, M-30,
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE,
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Shahram Daneshmandi, Aerospace
Engineer, International Section, Transport Standards Branch, FAA, 2200
South 216th St., Des Moines, WA 98198; telephone and fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to all Airbus Defense and
Space S.A. Model CN-235, CN-235-100, CN-235-200, and CN-235-300
airplanes; and certain Model C-295 airplanes. The NPRM published in the
Federal Register on May 25, 2018 (83 FR 24236). The NPRM was prompted
by a report that cracks were found on the stabilizer-to-fuselage rear
attachment fitting. The NPRM proposed to require a detailed inspection
of the upper and lower lugs of each horizontal stabilizer-to-fuselage
rear attachment fitting, repair if necessary, and a report of findings.
    We are issuing this AD to address such cracking, which could lead
to reduced structural integrity of the lugs on the stabilizer-to-
fuselage rear attachment fittings and consequent lug or fitting
failure, and could result in reduced controllability of the airplane.
    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA AD
2017-0218, dated November 8, 2017 (referred to after this as the
Mandatory Continuing Airworthiness Information, or ``the MCAI''), to
correct an unsafe condition for all Airbus Defense and Space S.A. Model
CN-235, CN-235-100, CN-235-200, and CN-235-300 airplanes; and certain
Model C-295 airplanes. The MCAI states:

    Cracks were reportedly found on the stabilizer-to-fuselage rear
attachment fitting of a CN-235 aeroplane. Subsequent investigation
determined that the affected horizontal attachment fitting was a
reworked part.
    This condition, if not detected and corrected, could lead to
reduced structural integrity of lugs of the stabilizer-to-fuselage
rear attachment fittings and consequent lug or fitting failure,
possibly resulting in reduced control of the aeroplane.
    To address this potentially unsafe condition, Airbus Defence and
Space (D&S) issued Alert Operators Transmission (AOT) AOT-C295-55-
0005 and AOT-CN235-55-0004 to provide inspection instructions.
    For the reasons described above, this [EASA] AD requires a one-
time detailed inspection (DET) of the upper and lower lugs of the
horizontal stabilizer-to-fuselage rear attachment fittings on the
left hand (LH) and right hand (RH) sides and, depending on findings,
accomplishment of applicable corrective action(s) [repairs]. This
[EASA] AD also requires reporting of all findings, including none.

    You may examine the MCAI in the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0416.

Comments

    We gave the public the opportunity to participate in developing
this final rule. We received no comments on the NPRM or on the
determination of the cost to the public.

Conclusion

    We reviewed the relevant data and determined that air safety and
the public interest require adopting this final rule as proposed,
except for minor editorial changes. We have determined that these minor
changes:
     Are consistent with the intent that was proposed in the
NPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    Airbus Defence and Space S.A. has issued Alert Operators
Transmission (AOT) AOT-CN235-55-0004, Revision 1, dated October 24,
2016; and AOT AOT-C295-55-0005, Revision 1, dated October 24, 2016.
This service information describes a detailed inspection of the upper
and lower lugs of each horizontal stabilizer-to-fuselage rear
attachment fitting (left- and right-hand sides), repair if necessary,
and sending inspection results to the manufacturer. These documents are
distinct since they apply to different airplane models. This service
information is reasonably available because the interested parties have
access to it through their normal course of business or by the means
identified in the ADDRESSES section.

Costs of Compliance

    We estimate that this AD affects 14 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Inspection............................  8 work-hours x $85 per                $0            $680          $9,520
                                         hour = $680.
Reporting.............................  1 work-hour x $85 per                  0              85           1,190
                                         hour = $85.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary repair that
would be required based on the results of the inspection. We have no
way of determining the number of aircraft that might need this repair:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                    Action                                 Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Repair........................................  15 work-hours x $85 per hour =                $0          $1,275
                                                 $1,275.
----------------------------------------------------------------------------------------------------------------

Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to penalty for
failure to comply with a collection of information subject to the
requirements of the Paperwork Reduction Act unless that collection of
information displays a current valid OMB control number. The control
number for the collection of information required by this AD is 2120-
0056. The paperwork cost associated with this AD has been detailed in
the Costs of Compliance section of this document and includes time for
reviewing instructions, as well as completing and reviewing the
collection of information. Therefore, all reporting associated with
this AD is mandatory. Comments concerning the accuracy of this burden
and suggestions for reducing the burden should be directed to the FAA
at 800 Independence Ave. SW, Washington, DC 20591, ATTN: Information
Collection Clearance Officer, AES-200.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
    This AD is issued in accordance with authority delegated by the
Executive Director, Aircraft Certification Service, as authorized by
FAA Order 8000.51C. In accordance with that order, issuance of ADs is
normally a function of the Compliance and Airworthiness Division, but
during this transition period, the Executive Director has delegated the
authority to issue ADs applicable to transport category airplanes and
associated appliances to the Director of the System Oversight Division.

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect 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.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13   [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive (AD):

2018-18-09 Airbus Defense and Space S.A. (Formerly Known as
Construcciones Aeronauticas, S.A.): Amendment 39-19388; Docket No.
FAA-2018-0416; Product Identifier 2017-NM-164-AD.

(a) Effective Date

    This AD is effective October 10, 2018.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus Defense and Space S.A. Model
airplanes, certificated in any category, specified in paragraphs
(c)(1) and (c)(2) of this AD.
    (1) Model CN-235, CN-235-100, CN-235-200, and CN-235-300
airplanes, all manufacturer serial numbers (MSN).
    (2) Model C-295 airplanes, MSN 001 through 148 inclusive.

(d) Subject

    Air Transport Association (ATA) of America Code 55, Horizontal
stabilizer.

(e) Reason

    This AD was prompted by a report that cracks were found on the
stabilizer-to-fuselage rear attachment fitting. We are issuing this
AD to address such cracking, which could lead to reduced structural
integrity of the lugs on the stabilizer-to-fuselage rear attachment
fittings and consequent lug or fitting failure, and could

result in reduced controllability of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Inspection

    Within the compliance times specified in figure 1 or figure 2 to
paragraph (g) of this AD, as applicable, accomplish a detailed
inspection for cracks or rework of the upper and lower lugs of each
horizontal stabilizer-to-fuselage rear attachment fitting (left- and
right-hand sides), in accordance with the instructions of Airbus
Defence and Space Alert Operators Transmission (AOT) AOT-CN235-55-
0004, Revision 1, dated October 24, 2016; or Airbus Defence and
Space AOT AOT-C295-55-0005, Revision 1, dated October 24, 2016; as
applicable.
[GRAPHIC] [TIFF OMITTED] TR05SE18.000

[GRAPHIC] [TIFF OMITTED] TR05SE18.001

(h) Corrective Action

    If, during the detailed inspection required by paragraph (g) of
this AD, any discrepancy (i.e., cracking or rework) is detected, as
specified in Airbus Defence and Space AOT AOT-CN235-55-0004,
Revision 1, dated October 24, 2016; or Airbus Defence and Space AOT
AOT-C295-55-0005, Revision 1, dated October 24, 2016; as applicable:
Before further flight, contact the Manager, International Section,
Transport Standards Branch, FAA; or the European Aviation Safety
Agency (EASA); or Airbus Defense and Space S.A.'s EASA Design
Organization Approval (DOA), for approved repair instructions. If
approved by the DOA, the approval must include the DOA-authorized
signature. Accomplish the repair accordingly within the compliance
time specified in those instructions, including any repetitive post-
repair inspections, if applicable.

(i) Reporting Requirement

    Submit a one-time report of the findings (both positive and
negative) of the inspection required by paragraph (g) of this AD to
Airbus Defense and Space S.A., in accordance with Airbus Defence and
Space AOT AOT-CN235-55-0004, Revision 1, dated October 24, 2016; or
Airbus Defence and Space AOT AOT-C295-55-0005, Revision 1, dated
October 24, 2016; as applicable; at the applicable time specified in
paragraph (i)(1) or (i)(2) of this AD.
    (1) If the inspection was done on or after the effective date of
this AD: Submit the report within 60 days after the inspection.
    (2) If the inspection was done before the effective date of this
AD: Submit the report within 60 days after the effective date of
this AD.

(j) Parts Installation Limitations

    As of the effective date of this AD, no person may install, on
any airplane, a horizontal stabilizer-to-fuselage rear attachment
fitting, unless the part is new or it has been inspected in
accordance with the instructions of Airbus Defence and Space AOT
AOT-CN235-55-0004, Revision 1, dated October 24, 2016; or Airbus
Defence and Space AOT AOT-C295-55-0005, Revision 1, dated October
24, 2016; as applicable; and no discrepancy was found. Before
installation of the horizontal stabilizer-to-fuselage rear
attachment fitting, contact the Manager, International Section,
Transport Standards Branch, FAA; or the EASA; or Airbus Defense and
Space S.A.'s EASA DOA, for approved instructions and do

those instructions accordingly. If approved by the DOA, the approval
must include the DOA-authorized signature.

(k) Credit for Previous Actions

    This paragraph provides credit for actions required by
paragraphs (g), (h), and (i) of this AD, if those actions were
performed before the effective date of this AD using Airbus Defence
and Space AOT AOT-CN235-55-0004, dated December 22, 2015; or Airbus
Defence and Space AOT AOT-C295-55-0005, December 22, 2015; as
applicable.

(l) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Section, Transport Standards Branch, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Section, send it to the attention of
the person identified in paragraph (m)(2) of this AD. Information
may be emailed to: [email protected]. Before using any
approved AMOC, notify your appropriate principal inspector, or
lacking a principal inspector, the manager of the local flight
standards district office/certificate holding district office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, International
Section, Transport Standards Branch, FAA; or the EASA; or Airbus
Defense and Space S.A.'s EASA DOA. If approved by the DOA, the
approval must include the DOA-authorized signature.
    (3) Paperwork Reduction Act Burden Statement: A federal agency
may not conduct or sponsor, and a person is not required to respond
to, nor shall a person be subject to a penalty for failure to comply
with a collection of information subject to the requirements of the
Paperwork Reduction Act unless that collection of information
displays a current valid OMB Control Number. The OMB Control Number
for this information collection is 2120-0056. Public reporting for
this collection of information is estimated to be approximately 1
hour per response, including the time for reviewing instructions,
completing and reviewing the collection of information. All
responses to this collection of information are mandatory. Comments
concerning the accuracy of this burden and suggestions for reducing
the burden should be directed to the FAA at: 800 Independence Ave.
SW, Washington, DC 20591, Attn: Information Collection Clearance
Officer, AES-200.

(m) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA AD 2017-0218, dated November 8, 2017, for related
information. This MCAI may be found in the AD docket on the internet
at http://www.regulations.gov by searching for and locating Docket
No. FAA-2018-0416.
    (2) For more information about this AD, contact Shahram
Daneshmandi, Aerospace Engineer, International Section, Transport
Standards Branch, FAA, 2200 South 216th St., Des Moines, WA 98198;
telephone and fax<PHONE_NUMBER>.
    (3) Service information identified in this AD that is not
incorporated by reference is available at the addresses specified in
paragraphs (n)(3) and (n)(4) of this AD.

(n) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) Airbus Defence and Space Alert Operators Transmission AOT-
CN235-55-0004, Revision 1, dated October 24, 2016.
    (ii) Airbus Defence and Space Alert Operators Transmission AOT-
C295-55-0005, Revision 1, dated October 24, 2016.
    (3) For service information identified in this AD, contact
Airbus Defense and Space Services/Engineering Support, Avenida de
Arag[oacute]n 404, 28022 Madrid, Spain; telephone +34 91 585 55 84;
fax +34 91 585 31 27; email [email protected].
    (4) You may view this service information at the FAA, Transport
Standards Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call
206-231-3195.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Des Moines, Washington, on August 23, 2018.
James Cashdollar,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2018-18999 Filed 9-4-18; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register: April 28, 2008 (Volume 73, Number 82)]
[Rules and Regulations]
[Page 22823-22828]
[DOCID:fr28ap08-11]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2006-0855; FRL-8360-5]

Metconazole; Pesticide Tolerances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: This regulation establishes tolerances for residues of
metconazole in or on wheat, barley, rye, oat, sugar beet, and soybeans.
BASF Corporation requested these tolerances under the Federal Food,
Drug, and Cosmetic Act (FFDCA). This regulation also establishes
tolerances for residues of metconazole in or on stone fruit, tree nuts,
and peanuts. Valent U.S.A. Corporation requested these tolerances under
the Federal Food, Drug, and Cosmetic Act (FFDCA).

DATES: This regulation is effective April 28, 2008. Objections and
requests for hearings must be received on or before June 27, 2008, 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-2006-0855. To access the
electronic docket, go to http://www.regulations.gov, select ``Advanced
Search,'' then ``Docket Search.'' Insert the docket ID number where
indicated and select the ``Submit'' button. Follow the instructions on
the regulations.gov website to view the docket index or access
available documents. All documents in the docket are listed in the
docket index available in 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. S-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<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Tracy Keigwin, 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: keigwin.tracy @epa.gov.

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 those
engaged in the following activities:
     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 to
provide 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 EPA's tolerance regulations at
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 FFDCA, any person may file an objection to
any aspect of this regulation and may also request a hearing on those
objections. 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-2006-0855 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 as required by 40 CFR part 178 on or
before June 27, 2008.

    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 this copy, identified by docket ID number
EPA-HQ-OPP-2006-0855, 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'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>.

II. Petition for Tolerance

    In the Federal Register of February 13, 2008 (73 FR 8307) (FRL-
8351-5), EPA issued a notice pursuant to section 408(d)(3) of FFDCA, 21
U.S.C. 346a(d)(3), announcing the filing of a pesticide petition (PP
6F7094) by BASF Corporation, 26 Davis Dr., P.O. Box 13528, Research
Triangle Park, NC 27709-3528. The petition requested that 40 CFR
180.617 be amended by establishing tolerances for residues of the
fungicide metconazole, 5-[(4-chlorophenyl)-methyl]-2,2-dimethyl-1-(1H-
1,2,4-triazol-1-ylmethyl)cyclopentanol, measured as the sum of cis- and
trans-isomers in or on food commodities barley, grain at 2.0 parts per
million (ppm); barley, hay at 7.0 ppm; barley straw at 7.0 ppm; beet,
sugar, root at 0.1 ppm; beet, sugar, tops at 2.0 ppm; beet, sugar,
pulp, dry at 1.9 ppm; beet, sugar, molasses at 0.2 ppm; beet, sugar,
raw at 0.25 ppm; oat, grain at 1.0 ppm; oat, straw at 6.0 ppm; oat, hay
at 17 ppm; rye, grain at 0.25 ppm; rye, straw at 14.0 ppm; soybean,
forage at 3.0 ppm; soybean, hay at 6.0 ppm; soybean, seed at 0.10 ppm;
soybean, aspirated grain fractions at 1.0 ppm; soybean, hulls at 0.2
ppm; triticale at 0.25 ppm, wheat, grain at 0.15 ppm; wheat, hay at
16.0 ppm; wheat, straw at 18.0 ppm; wheat, aspirated grain fractions at
10.0 ppm; wheat, milled byproducts at 1.0 ppm. That notice referenced a
summary of the petition prepared by BASF Corporation, the registrant,
which is available to the public in the docket, http://
www.regulations.gov. There were no comments received in response to the
notice of filing.
    Additionally, in the Federal Register of February 13, 2008 (73 FR
8307) (FRL-8351-5), EPA issued a notice pursuant to section 408(d)(3)
of FFDCA, 21 U.S.C. 346a(d)(3), announcing the filing of a pesticide
petition (PP 6F7095) by Valent U.S.A. Company, 1600 Riviera Ave., Suite
200, Walnut Creek, CA 94596-8025. The petition requested that 40 CFR
180.617 be amended by establishing tolerances for residues of the
fungicide metconazole, 5-[(4-chlorophenyl)-methyl]-2,2-dimethyl-1-(1H-
1,2,4-triazol-1-ylmethyl)cyclopentanol, measured as the sum of cis- and
trans-isomers in or on food commodities fruits, stone (crop group 12)
at 0.2 ppm; nuts, tree (crop group 14) including pistachio at 0.02 ppm;
almond hulls at 5.0 ppm; and peanut at 0.02 ppm. That notice referenced
a summary of the petition prepared by Valent U.S.A. Corporation, the
registrant, which is available to the public in the docket, http://
www.regulations.gov. There were no comments received in response to the
notice of filing.
    Based upon review of the data supporting the petition, EPA has
modified the proposed tolerance levels as follows: Almond, hulls at 4.0
ppm; barley, grain at 2.5 ppm; beet, sugar, dried pulp at 0.70 ppm;
beet, sugar, molasses at 0.08 ppm; beet, sugar, roots at 0.07 ppm;
grain, aspirated grain fractions at 7.0 ppm; nut, tree, group 14 at
0.04 ppm; oat, grain at 1.0 ppm; peanut at 0.04 ppm; peanut, refined
oil at 0.05 ppm; pistachio at 0.04 ppm; soybean, hulls at 0.08 ppm;
soybean, seed at 0.05 ppm; wheat, milled byproducts at 0.20 ppm; and
meat byproducts of cattle, goat, horse, and sheep at 0.04 ppm.
Additionally, EPA is not establishing the tolerances requested for
beet, sugar; sugar beet tops; and soybean meal. Finally, EPA has added
tolerances for peanut, refined oil; for meat byproducts of cattle,
goat, horse, and sheep. The reason for these changes is explained in
Unit IV.D.

III. Aggregate Risk Assessment and Determination of Safety

    Section 408(b)(2)(A)(i) of 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 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 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. . .
.''
    Consistent with FFDCA section 408(b)(2)(D), and the factors
specified in FFDCA section 408(b)(2)(D), 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 and to make a
determination on aggregate exposure for the petitioned-for tolerances
for residues of metconazole. EPA's assessment of exposures and risks
associated with establishing the tolerance follows.

A. Toxicological Profile

    EPA has evaluated the available toxicity data and considered its
validity, completeness, and reliability as well as the relationship of
the results of the studies to human risk. EPA has also considered
available information concerning the variability of the sensitivities
of major identifiable subgroups of consumers, including infants and
children.
    Acute oral and dermal toxicities to metconazole are moderate, while
acute inhalation toxicity is low. Metconazole is a moderate eye
irritant and a mild skin irritant. It is not a skin sensitizer. The
liver is the primary target organ in the mouse, rat and dog following
oral exposure to metconazole via subchronic or chronic exposure
durations. Developmental studies in rats and rabbits show some evidence
of developmental effects, but only at dose levels that are maternally
toxic. Metconazole did not demonstrate the potential for neurotoxicity
in the four species (mouse, rat, dog and rabbit) tested. Metconazole is
considered nongenotoxic and liver tumors seen in chronic mouse study
appear to have been formed via a mitogenic mode of action and
therefore, metconazole is classified as ``not likely to be carcinogenic
to humans'' at levels that do not cause mitogenesis. The chronic

reference dose (RfD) would be protective of mitogenesis/carcinogenesis.
    Specific information on the studies received and the nature of the
adverse effects caused by metconazole as well as the no-observed-
adverse-effect-level (NOAEL) and the lowest-observed-adverse-effect-
level (LOAEL) from the toxicity studies can be found at http://
www.regulations.gov under docket ID number EPA-HQ-OPP-2005-0016.

B. Toxicological Endpoints

    For hazards that have a threshold below which there is no
appreciable risk, a toxicological point of departure (POD) is
identified as the basis for derivation of reference values for risk
assessment. The POD may be defined as the highest dose at which the
NOAEL in the toxicology study identified as appropriate for use in risk
assessment. However, if a NOAEL cannot be determined, the lowest dose
at which adverse effects of concern are identified (the LOAEL) or a
Benchmark Dose (BMD) approach is sometimes used for risk assessment.
Uncertainty/safety factors (UFs) are used in conjunction with the POD
to take into account uncertainties inherent in the extrapolation from
laboratory animal data to humans and in the variations in sensitivity
among members of the human population as well as other unknowns. Safety
is assessed for acute and chronic dietary risks by comparing aggregate
food and water exposure to the pesticide to the acute population
adjusted dose (aPAD) and chronic population adjusted dose (cPAD). The
aPAD and cPAD are calculated by dividing the POD by all applicable UFs.
Aggregate short-term, intermediate-term, and chronic-term risks are
evaluated by comparing food, water, and residential exposure to the POD
to ensure that the margin of exposure (MOE) called for by the product
of all applicable UFs is not exceeded. This latter value is referred to
as the Level of Concern (LOC).
    For non-threshold risks, the Agency assumes that any amount of
exposure will lead to some degree of risk. Thus, the Agency estimates
risk in terms of the probability of an occurrence of the adverse effect
greater than that expected in a lifetime. For more information on the
general principles EPA uses in risk characterization and a complete
description of the risk assessment process, see http://www.epa.gov/
pesticides/factsheets/riskassess.htm.
    A summary of the toxicological endpoints for metconazole used for
human risk assessment is discussed in Unit III.B. of the final rule
published in the Federal Register of September 27, 2006 (71 FR 6383)
(FRL-8085-2).

C. Exposure Assessment

    1. Dietary exposure from food and feed uses. In evaluating dietary
exposure to metconazole, EPA considered exposure under the petitioned-
for tolerances as well as all existing metconazole tolerances in (40
CFR 180.617). EPA assessed dietary exposures from metconazole in food
as follows:
    i. Acute exposure. Quantitative acute dietary exposure and risk
assessments are performed for a food-use pesticide, if a toxicological
study has indicated the possibility of an effect of concern occurring
as a result of a 1-day or single exposure.
    In estimating acute dietary exposure, EPA used food consumption
information from the United States Department of Agriculture (USDA)
1994-1996 and 1998 Nationwide Continuing Surveys of Food Intake by
Individuals (CSFII). As to residue levels in food, EPA assumed all
foods for which there are tolerances were treated and contain
tolerance-level residues.
    ii. Chronic exposure. In conducting the chronic dietary exposure
assessment EPA used the food consumption data from the USDA 1994-1996
and 1998 CSFII. As to residue levels in food, EPA assumed all foods for
which there are tolerances were treated and contain tolerance-level
residues.
    iii. Cancer. Metconazole is classified as ``not likely to be
carcinogenic to humans'' at levels that do not cause mitogenesis. The
chronic RfD would be protective of mitogenesis/carcinogenesis and the
chronic exposure assessment is appropriate for evaluating cancer risk.
    2. Dietary exposure from drinking water. The Agency used screening
level water exposure models in the dietary exposure analysis and risk
assessment for metconazole in drinking water. These simulation models
take into account data on the physical, chemical, and fate/transport
characteristics of metconazole. Further information regarding EPA
drinking water models used in pesticide exposure assessment can be
found at http://www.epa.gov/oppefed1/models/water/index.htm.
    Based on the Pesticide Root Zone Model/Exposure Analysis Modeling
System (PRZM/EXAMS) and Screening Concentration in Ground Water (SCI-
GROW) models, the estimated environmental concentrations (EECs) of
metconazole for acute exposures are estimated to be 45.48 parts per
billion (ppb) for surface water and 0.384 ppb for ground water. The
EECs for chronic exposures are estimated to be 31.25 ppb for surface
water and 0.384 ppb for ground water.
    Modeled estimates of drinking water concentrations were directly
entered into the dietary exposure model. For acute dietary risk
assessment, the water concentration value of 45 ppb was used to assess
the contribution to drinking water. For chronic dietary risk
assessment, the water concentration of value 31 ppb was used to assess
the contribution to drinking water.
    3. From non-dietary exposure. The term ``residential exposure'' is
used in this document to refer to non-occupational, non-dietary
exposure (e.g., for lawn and garden pest control, indoor pest control,
termiticides, and flea and tick control on pets).
    Metconazole is currently registered for the following residential
non-dietary sites: Turf and ornamentals. Adult residential handlers may
be exposed to metconazole as a result of applying metconazole to turf
and ornamentals. Because dermal toxicity endpoints for the appropriate
duration of exposure were not identified, only residential handler
short-term inhalation exposures were assessed. Additionally, adults and
adolescents may experience short-term and intermediate-term dermal
post-application exposure from golfing and other activities on treated
turf. Toddlers may experience short-term and intermediate-term dermal
and incidental oral exposure from activities on treated turf. However,
because dermal toxicity endpoints for the appropriate durations of
exposure were not identified, and because inhalation exposure is
considered to be insignificant for post-application exposures, only
toddler incidental oral post-application exposures were assessed.
    4. Cumulative effects from substances with a common mechanism of
toxicity. Section 408(b)(2)(D)(v) of FFDCA requires that, when
considering whether to establish, modify, or revoke a tolerance, the
Agency consider ``available information'' concerning the cumulative
effects of a particular pesticide's residues and ``other substances
that have a common mechanism of toxicity.''
    Metconazole is a member of the triazole-containing class of
pesticides. Although conazoles act similarly in plants (fungi) by
inhibiting ergosterol biosynthesis, there is not necessarily a
relationship between their pesticidal activity and their mechanism of
toxicity in mammals. Structural similarities do not constitute a common
mechanism of toxicity. Evidence is needed to establish that the
chemicals operate by the same, or essentially the same, sequence of

major biochemical events. In conazoles, however, a variable pattern of
toxicological responses is found. Some are hepatotoxic and
hepatocarcinogenic in mice. Some induce thyroid tumors in rats. Some
induce developmental, reproductive, and neurological effects in
rodents. Furthermore, the conazoles produce a diverse range of
biochemical events including altered cholesterol levels, stress
responses, and altered DNA methylation. It is not clearly understood
whether these biochemical events are directly connected to their
toxicological outcomes. Thus, there is currently no evidence to
indicate that conazoles share common mechanisms of toxicity and EPA is
not following a cumulative risk approach based on a common mechanism of
toxicity for the conazoles. For information regarding EPA's procedures
for cumulating effects from substances found to have a common mechanism
of toxicity, see EPA's website at http://www.epa.gov/pesticides/
cumulative.
    Triazole-derived pesticides can form the common metabolite 1,2,4-
triazole and two triazole conjugates (triazole alanine and triazole
acetic acid). To support existing tolerances and to establish new
tolerances for triazole-derivative pesticides, including metconazole,
EPA conducted a human health risk assessment for exposure to 1,2,4-
triazole, triazole alanine, and triazole acetic acid resulting from the
use of all current and pending uses of any triazole-derived fungicide
as of September 1, 2005. The risk assessment is a highly conservative,
screening-level evaluation in terms of hazards associated with common
metabolites (e.g., use of a maximum combination of uncertainty factors)
and potential dietary and non-dietary exposures (i.e., high end
estimates of both dietary and non-dietary exposures). In addition, the
Agency retained the additional 10X FQPA safety factor for the
protection of infants and children. The assessment includes evaluations
of risks for various subgroups, including those comprised of infants
and children. The Agency's September 1, 2005 risk assessment can be
found in the propiconazole reregistration docket at http://
www.regulations.gov (Docket ID EPA-HQ-OPP-2005-0497). An addendum to
the risk assessment, Dietary Exposure Assessments for the Common
Triazole Metabolites 1,2,4-triazole, Triazolylalanine, Triazolylacetic
Acid and Triazolylypyruvic Acid; Updated to Include New Uses of
Fenbuconazole, Ipconazole, Metconazole, Tebuconazole, and Uniconazole
can be found at http://www.regulations.gov in docket ID EPA-HQ-OPP-
2006-0855.

D. Safety Factor for Infants and Children

    1. In general. Section 408(b)(2)(c) of FFDCA provides that EPA
shall apply an additional tenfold (10X) margin of safety for infants
and children in the case of threshold effects to account for prenatal
and postnatal toxicity and the completeness of the database on toxicity
and exposure unless EPA determines based on reliable data that a
different margin of safety will be safe for infants and children. This
additional margin of safety is commonly referred to as the FQPA safety
factor (SF). In applying this provision, EPA either retains the default
value of 10X, or uses a different additional safety factor when
reliable data available to EPA support the choice of a different
factor.
    2. Prenatal and postnatal sensitivity. Acceptable developmental
toxicity studies are available in the rat and rabbit as well as a 2-
generation reproductive toxicity study in the rat. There is no evidence
of susceptibility following in utero exposure in the rabbit. In the rat
there is qualitative evidence of susceptibility, however the concern is
low since the developmental effects are characterized as variations
(not malformations), occur in the presence of maternal toxicity, the
NOAELs are well defined, and the dose/endpoint is used for acute
dietary risk assessment for the sensitive population. There is no
evidence of increased susceptibility in the offspring based on the
result of the 2-generation reproduction study.
    3. Conclusion. EPA has determined that reliable data show the
safety of infants and children would be adequately protected if the
FQPA SF were reduced to 1X. That decision is based on the following
findings:
    i. The toxicity database for metconazole is complete.
    ii. There was no evidence of neurotoxicity observed in the
toxicology database and there is no need for a developmental
neurotoxicity study or additional uncertainty factors to account for
neurotoxicity.
    iii. There is no evidence of susceptibility following in utero
exposure in the rabbit or in young rats in the 2-generation
reproduction study. In the rat there is qualitative evidence of
susceptibility, however the concern is low since the developmental
effects are characterized as variations (not malformations), occur in
the presence of maternal toxicity, the NOAELs are well defined, and the
dose/endpoint is used for acute dietary risk assessment for the
sensitive population.
    iv. Dietary exposure assessments were conducted using tolerance
level residues and assumed 100% crop treated (CT). Therefore, the acute
and chronic dietary, food only, exposure is considered an upper bound
conservative estimate. Acute and chronic exposure estimates in this
analysis are unlikely to underestimate actual exposure.
    v. The drinking water component of the dietary assessment utilizes
water concentration values generated by model and associated modeling
parameters which are designed to provide conservative, health
protective, high-end estimates of water concentrations which will not
likely be exceeded.
    vi. While there is potential for post application residential
exposure, the Agency used the current conservative approaches for
residential assessment. The Agency believes that the calculated risks
represent conservative estimates of exposure because maximum
application rates are used to define residue levels upon which the
calculations are based.

E. Aggregate Risks and Determination of Safety

    EPA determines whether acute and chronic pesticide exposures are
safe by comparing aggregate exposure estimates to the aPAD and cPAD.
The aPAD and cPAD represent the highest safe exposures, taking into
account all appropriate SFs. EPA calculates the aPAD and cPAD by
dividing the POD by all applicable UFs. For linear cancer risks, EPA
calculates the probability of additional cancer cases given the
estimated aggregate exposure. Short-term, intermediate-term, and
chronic-term risks are evaluated by comparing the estimated aggregate
food, water, and residential exposure to the POD to ensure that the MOE
called for by the product of all applicable UFs is not exceeded.
    1. Acute risk. Using the exposure assumptions discussed in this
unit for acute exposure, the acute dietary exposure from food and water
to metconazole will occupy 3% of the aPAD for the population group
(females 13-49 years old) receiving the greatest exposure.
    2. Chronic risk. Using the exposure assumptions described in this
unit for chronic exposure, EPA has concluded that exposure to
metconazole from food and water will utilize 4% of the cPAD for the
U.S. population and 9% of the cPAD for the most highly exposed
population group (infants less than 1-year old).

    3. Short-term risk. Short-term risk takes into account residential
exposure plus chronic exposure to food and water (considered to a
background exposure level). Metconazole is currently registered for
uses that could result in short-term residential exposure and the
Agency has determined that it is appropriate to aggregate chronic food
and water and short-term exposures for metconazole.
    Metconazole is currently registered for uses that could result in
short-term residential exposure and the Agency has determined that it
is appropriate to aggregate chronic food and water and short-term
exposures for metconazole.
    Using the exposure assumptions described in this unit for short-
term exposures, EPA has concluded that short-term aggregate MOEs from
dietary exposure (food + drinking water) and non-occupational/
residential handler exposure (inhalation) for adults are 2,700; the
children's residential combined short-term MOE from treated turf is
810. The lowest MOE for residential handler short-term inhalation risks
is 71,000. These MOEs are not of concern to the Agency, since they are
greater than the level of concern MOE of 100.
    4. Intermediate-term risk. Intermediate-term risk takes into
account residential exposure plus chronic exposure to food and water
(considered to a background exposure level). Metconazole is currently
registered for uses that could result in intermediate-term residential
exposure and the Agency has determined that it is appropriate to
aggregate chronic food and water and intermediate-term exposures for
metconazole.
    Using the exposure assumptions described in this unit for
intermediate-term exposures, EPA has concluded that intermediate-term
aggregate MOEs from dietary exposure (food + drinking water) and non-
occupational/residential handler exposure (inhalation) for adults are
2,700; the children's residential combined short-term risk from treated
turf are 1,000. These MOEs are not of concern to the Agency, since they
are greater than the level of concern MOE of 100.
    5. Aggregate cancer risk for U.S. population. Metconazole is
classified as ``not likely to be carcinogenic to humans`` at levels
that do not cause mitogenesis. As explained in Unit lll.E2, the cPAD is
protective of mitogenesis and because the chronic risk assessment for
metconazole shows exposure to be below the cPAD, there is no cancer
concern.
    6. Determination of safety. Based on these risk assessments, EPA
concludes that there is a reasonable certainty that no harm will result
to the general population, or to infants and children from aggregate
exposure to metconazole residues.

IV. Other Considerations

A. Analytical Enforcement Methodology

    The following adequate enforcement methodologies are available to
enforce the tolerance expression:
    1. A liquid chromatography/mass spectrometry method (LC/MS) (method
D0508) along with multi-residue methods serving as a confirmatory
method are adequate to enforce tolerances for residues in small grain,
soybean, and sugarbeet agricultural and processed commodities.
    2. A gas chromatography/nitrogen-phosphorus detection method (GC/
NPD) (method RM-41C-1-1) is adequate to enforce tolerances for residues
in stone fruit, tree nuts, and peanut commodities.
    3. A German multi-residue method (method DFG S19) is adequate for
enforcing tolerances for residues in livestock commodities. The methods
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 Codex, Canadian, or Mexican MRLs established
for metconazole.

C. Response to Comments

    There were no comments received in response to the notice of
filing.

D. Revisions to Petitioned-For Tolerances

    Based upon review of the data supporting the petition, EPA
determined that the proposed tolerances should be revised as follows:
Almond, hulls decreased from 5.00 ppm to 4.0 ppm; barley, grain
increased from 2.0 ppm to 2.5 ppm; beet, sugar, dried pulp reduced from
1.9 ppm to 0.70 ppm; beet, sugar, molasses reduced from 0.2 ppm to 0.08
ppm; beet, sugar, roots reduced from 0.1 ppm to 0.07 ppm; nut, tree,
group 14 increased from 0.02 to 0.04 ppm; oat, grain increased from 0.1
ppm to 1.0 ppm; peanut increased from 0.02 ppm to 0.04 ppm; pistachio
increased from 0.02 ppm to 0.04 ppm; soybean, hulls decreased from 0.2
ppm to 0.08 ppm; soybean, seed reduced from 0.1 ppm to 0.05 ppm; and
wheat, milled byproducts reduced from 1.0 ppm to 0.20 ppm. The wheat,
aspirated grain fraction and soybean, aspirated grain fraction
proposals at 10.0 ppm and 1.0 ppm, respectively, should be expressed as
grain, aspirated grain fractions and revised to 7.0 ppm. EPA revised
the tolerance levels based on analysis of the residue field trial data
using the Agency's Tolerance Spreadsheet in accordance with the
Agency's Guidance for Setting Pesticide Tolerances Based on Field Trial
Data Standard Operating Procedure (SOP). No tolerances are needed for
beet sugar and soybean meal since metconazole does not increase in
these commodities on processing. The tolerance on sugar beet root
covers sugar. No tolerance is needed for sugar beet tops since this
commodity is no longer a significant feed item. Separate tolerances are
being established for meat byproducts of cattle, goat, horse, and sheep
at 0.04 ppm based on a cattle feeding study in which dairy cattle were
fed metconazole at levels corresponding to 1.3x, 3.9x, and 12x,
respectively, the dietary burden for beef cattle and 0.54x, 1.7x, and
5.2x, respectively, the dietary burden for dairy cattle. In liver,
residues of cis and trans-metconazole were <0.02-0.021 ppm and <0.02
ppm, respectively, in samples from the high-dose group and below the
LOQ (both isomers) in samples from the low-dose and mid-dose groups.
Maximum total metconazole residues (sum of cis and trans isomers) in
liver were 0.041 ppm from the high-dose group. Because quantifiable
residues of cis-metconazole were observed in liver (0.021 ppm) at the
highest dosing level, tolerances are needed for meat byproducts at the
limit of quantitation of the enforcement method (0.04 ppm).

V. Conclusion

    Therefore, the tolerances are established for residues of
metconazole, 5-[(4-chlorophenyl)-methyl]-2,2-dimethyl-1-(1H-1,2,4-
triazol-1-ylmethyl)cyclopentanol, in or on almond, hulls at 4.0 ppm;
barley, grain at 2.5 ppm; barley, hay at 7.0 ppm; barley, straw at 7.0
ppm; beet, sugar, dried pulp at 0.70 ppm; beet, sugar, molasses at 0.08
ppm; beet, sugar, roots at 0.07 ppm; cattle, meat byproducts at 0.04
ppm; fruit, stone, group 12 at 0.20 ppm; goat, meat byproducts at 0.04
ppm; grain, aspirated grain fractions at 7.0 ppm; horse, meat
byproducts at 0.04 ppm; nut, tree, group 14 at 0.04 ppm; oat, grain at
1.0 ppm; oat, hay at 17 ppm; oat, straw at 6.0 ppm; peanut at 0.04 ppm;
peanut, refined oil at 0.05 ppm; pistachio at 0.04 ppm; rye, grain at
0.25 ppm; rye, straw at 14 ppm; sheep, meat byproducts at 0.04 ppm;
soybean, forage at 3.0 ppm; soybean, hay at 6.0 ppm; soybean, hulls at
0.08

ppm; soybean, seed at 0.05 ppm; wheat, grain at 0.15 ppm; wheat, hay at
16 ppm; wheat, milled byproducts at 0.20 ppm; wheat, straw at 18 ppm.

VI. Statutory and Executive Order Reviews

    This final rule establishes tolerances under section 408(d) of
FFDCA in response to a petition submitted to the Agency. 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, 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) or Executive Order 13045, entitled Protection of Children
from 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 rule. In addition, This
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).

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 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: April 15, 2008.
Daniel Kenny,
Acting 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 180.617 is amended by alphabetically adding the following
commodities to the table in paragraph (a) and by removing and reserving
paragraph (b) with heading to read as follows:

180.617  Metconazole; tolerances for residues.

    (a) * * *

------------------------------------------------------------------------
                      Commodity                        Parts per million
------------------------------------------------------------------------
Almond, hulls........................................                4.0
                                * * * * *
Barley, grain........................................                2.5
Barley, hay..........................................                7.0
Barley, straw........................................                7.0
Beet, sugar, dried pulp..............................               0.70
Beet, sugar, molasses................................               0.08
Beet, sugar, roots...................................               0.07
Cattle, meat byproducts..............................               0.04
Fruit, stone, group 12...............................               0.20
Goat, meat byproducts................................               0.04
Grain, aspirated grain fractions.....................                7.0
Horse, meat byproducts...............................               0.04
Nut, tree, group 14..................................               0.04
Oat, grain...........................................                1.0
Oat, hay.............................................                 17
Oat, straw...........................................                6.0
Peanut...............................................               0.04
Peanut, refined oil..................................               0.05
Pistachio............................................               0.04
Rye, grain...........................................               0.25
Rye, straw...........................................                 14
Sheep, meat byproducts...............................               0.04
Soybean, forage......................................                3.0
Soybean, hay.........................................                6.0
Soybean, hulls.......................................               0.08
Soybean, seed........................................               0.05
Wheat, grain.........................................               0.15
Wheat, hay...........................................                 16
Wheat, milled byproducts.............................               0.20
Wheat, straw.........................................                 18
------------------------------------------------------------------------

    (b) Section 18 emergency exemption. [Reserved]
* * * * *
[FR Doc. E8-8971 Filed 4-25-08; 8:45 am]

BILLING CODE 6560-50-S