[Federal Register Volume 80, Number 74 (Friday, April 17, 2015)]
[Rules and Regulations]
[Pages 21187-21189]
[FR Doc No: 2015-08784]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2005-0162; FRL-9925-70]

Carbofuran; Reinstatement of Specific Tolerances and Removal of
Expired Tolerances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; Order reestablishing and amending tolerances.

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SUMMARY: EPA is amending its regulations to reinstate four import
tolerances for carbofuran, in order to comply with a DC Circuit
decision and order vacating the Agency's revocation of those
tolerances. EPA is also removing several carbofuran time-limited
tolerances that have already expired. Because this action is being
taken to conform the regulations to the court's order and to accurately
reflect the current legal status of these tolerances, EPA is issuing
this as a final order that is effective upon publication.

DATES: Effective April 17, 2015.

ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPP-2005-0162, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory
Public Docket (OPP Docket) in the Environmental Protection Agency
Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334,
1301 Constitution Ave. NW., Washington, DC 20460-0001. The Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is<PHONE_NUMBER>, and the telephone number for the OPP
Docket is<PHONE_NUMBER>. Please review the visitor instructions and
additional information about the docket available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Joseph Nevola, Pesticide Re-Evaluation
Division (7508P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-
0001; telephone number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. 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.
The following list of North American Industrial Classification System
(NAICS) codes is not intended to be exhaustive, but rather provides a
guide to help readers determine whether this document applies to them.
Potentially affected entities may include:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).

II. What is the Agency's authority for taking this action?

    EPA is taking this action pursuant to the authority in section
408(g)(2)(C) of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21
U.S.C. 346a(g)(2)(C).

III. What action is the Agency taking?

    EPA is revising the tolerance regulations in title 40 of the Code
of Federal Regulations (CFR) part 180 to reflect the reinstatement of
four import tolerances for carbofuran, in compliance with a decision
and order from the D.C. Circuit in National Corn Growers Association v.
EPA, 613 F.3d 266 (D.C. Cir. 2010). EPA is also amending 40 CFR part
180 to delete the listings of other carbofuran tolerances that have
expired, and thus are no longer valid.

IV. Why is EPA taking this action?

    In the Federal Register of July 31, 2008 (73 FR 44864) (FRL-8373-
8), EPA proposed to revoke all carbofuran tolerances and provided a 60-
day public comment period. The revocations were based on an Agency
determination that the risk from aggregate exposure from the use of
carbofuran did not meet the safety standard of FFDCA section 408(b)(2).
In the Federal Register of May 15, 2009 (74 FR 23046) (FRL-8413-3), EPA
finalized the revocation of all of the carbofuran tolerances, effective
December 31, 2009. During the objection period, the carbofuran
registrant, FMC Corporation, and three grower associations (National
Corn Growers Association, National Sunflower Association, and National
Potato Council) submitted objections to EPA's tolerance revocations and
requested an administrative hearing. EPA concluded that the regulatory
standard for holding an evidentiary hearing had not been met and issued
an order in the Federal Register of November 18, 2009 (74 FR 59608)
(FRL-8797-6), which denied the objections and requests for hearing and
included the Agency's reasons.
    FMC Corporation, in conjunction with the three grower associations,
challenged EPA's decision in the Court of Appeals for the D.C. Circuit.
The court upheld EPA's revocation of all carbofuran domestic tolerances
and denial of the hearing requests, but vacated EPA's revocation of the
four import tolerances (bananas, coffee, rice, and sugarcane). The
Court of Appeals for the D.C. Circuit also denied the subsequent
petition filed by FMC and

the three grower associations for rehearing and rehearing en banc. The
petitioners appealed this decision to the Supreme Court. On May 31,
2011, the Supreme Court declined to hear the request by FMC and the
three grower associations to review EPA's 2009 decision to revoke all
domestic tolerances for carbofuran, ending these legal challenges. For
more information, see http://www.epa.gov/oppsrrd1/reregistration/carbofuran/carbofuran_noic.htm.
    Because the D.C. Circuit vacated EPA's revocation of the four
import tolerances for carbofuran, they are in fact, currently in
effect. EPA is revising the CFR to accurately reflect the current legal
status of the four import tolerances by removing the expiration dates
in their listings in 40 CFR 180.254(a). Specifically, EPA is removing
the expiration date of December 31, 2009 associated with the carbofuran
tolerances in 40 CFR 180.254(a) on banana; coffee, bean, green; rice,
grain; and sugarcane, cane.
    Also, to eliminate potential confusion, EPA is removing other
carbofuran tolerances that expired on December 31, 2009. Because these
tolerances have expired, they are no longer legally valid.
Consequently, EPA is deleting the following tolerances: (1) In 40 CFR
180. 254(a) on alfalfa, forage (of which no more than 5 ppm are
carbamates); alfalfa, hay (of which no more than 20 ppm are
carbamates); barley, grain (of which no more than 0.1 ppm is
carbamates); barley, straw (of which no more than 1.0 ppm is
carbamates); beet, sugar, roots; beet, sugar, tops (of which no more
than 1 ppm is carbamates); corn, field, forage (of which no more than 5
ppm are carbamates); corn, field, grain (of which no more than 0.1 ppm
is carbamates); corn, field, stover (of which no more than 5 ppm are
carbamates); corn, pop, grain (of which no more than 0.1 ppm is
carbamates); corn, pop, stover (of which no more than 5 ppm are
carbamates); corn, sweet, forage (of which no more than 5 ppm are
carbamates); corn, sweet, kernel plus cob with husks removed (of which
no more than 0.2 ppm is carbamates); corn, sweet, stover (of which no
more than 5 ppm are carbamates); cotton, undelinted seed (of which no
more than 0.2 ppm is carbamates); cranberry (of which no more than 0.3
ppm is carbamates); cucumber (of which no more than 0.2 ppm is
carbamates); grape (of which no more than 0.2 ppm is carbamates);
grape, raisin (of which no more than 1.0 ppm is carbamates); grape,
raisin, waste (of which no more than 3.0 ppm are carbamates); melon (of
which no more than 0.2 ppm is carbamates); milk (of which no more than
0.02 ppm is carbamates); oat, grain (of which no more than 0.1 ppm is
carbamates); oat, straw (of which no more than 1.0 ppm is carbamates);
pepper (of which no more than 0.2 ppm is carbamates); potato (of which
no more than 1 ppm is carbamates); pumpkin (of which no more than 0.6
ppm is carbamates); rice, straw (of which no more than 0.2 ppm is
carbamates); sorghum, forage (of which no more than 0.5 ppm is
carbamates); sorghum, grain, grain; sorghum, grain, stover (of which no
more than 0.5 ppm is carbamates); strawberry (of which no more than 0.2
ppm is carbamates); soybean (of which no more than 0.2 ppm is
carbamates); soybean, forage (of which no more than 20.0 ppm are
carbamates); soybean, hay (of which no more than 20.0 ppm are
carbamates); squash (of which no more than 0.6 ppm is carbamates);
sunflower, seed (of which no more than 0.5 ppm is carbamates); wheat,
grain (of which no more than 0.1 ppm is carbamates); and wheat, straw
(of which no more than 1.0 ppm is carbamates); and (2) in 40 CFR
180.254(c) on artichoke, globe (of which no more than 0.2 ppm is
carbamates).

V. Why is this a final order?

    EPA is issuing a final order without providing either notice and an
opportunity to comment, or an opportunity to raise objections. For a
number of reasons, EPA has concluded that the issuance of a final order
pursuant to FFDCA section 408(g)(2)(C) best reflects the current stage
of the proceedings in this case, and is most appropriate to the
circumstances under the applicable procedures of FFDCA section 408.
    With respect to the import tolerances, the court vacated only the
portion of EPA's final order that related to the revocation of the four
carbofuran import tolerances, not the entire underlying action
rulemaking and objections process that preceded the order. EPA has
already conducted the procedures required under FFDCA sections 408(e)
and (g); the public has previously had an opportunity to comment on and
raise objections to the EPA decisions reflected in the amendments to
the CFR described in this document. The only revisions to the CFR
relating to the import tolerances are those that are being taken merely
to be consistent with the court's order, which left EPA with no
discretion as to the actions necessary to implement the order. Finally,
this action does not therefore affect the legal status or otherwise
effect any substantive change to these tolerances, but merely amends
the CFR to accurately reflect the present legal status of these
tolerances. Because the D.C. Circuit's vacatur rendered EPA's 2009
revocation action without effect, these tolerances are currently in
effect.
    The deletion from the CFR of the carbofuran tolerances that have
already expired presents essentially the same procedural and
substantive case. EPA's action does not affect the legal status of
these tolerances in any way. The deletion from the CFR of the currently
expired carbofuran tolerances merely reflects the present legal status
of these tolerances. In addition, EPA has already conducted the
procedures required under FFDCA sections 408(e) and (g) to effectuate
these revisions; the public has previously had an opportunity to
comment on and raise objections to the EPA decision to establish the
expiration dates for these particular tolerances (73 FR 44864, July 31,
2008 (FRL-8373-8); 74 FR 23046, May 15, 2009 (FRL-8413-3); and 74 FR
59608, November 18, 2009 (FRL-8797-6).

VI. When do these actions become effective?

    As stated in the DATES section of this document, this order and the
corresponding changes to 40 CFR part 180 are effective April 17, 2015.

VII. Statutory and Executive Order Reviews

    In this action, EPA is amending 40 CFR part 180 to accurately
reflect the current legal status of a number of carbofuran tolerances
by means of an order and not a rule (21 U.S.C. 346a(f)(1)(C)). Under
the Administrative Procedure Act (APA), orders are expressly excluded
from the definition of a rule (5 U.S.C. 551(4)). Accordingly, the
regulatory assessment requirements imposed on a rulemaking do not apply
to this order, as explained further in the following discussion.
    Because this order is not a ``regulatory action'' as that term is
defined in Executive Order 12866, entitled Regulatory Planning and
Review (58 FR 51735, October 4, 1993), this action is not subject to
review by the Office of Management and Budget (OMB) under Executive
Orders 12866 and 13563, entitled Improving Regulation and Regulatory
Review (76 FR 3821, January 21, 2011). As a result, this action is not
subject to Executive Order 13045, entitled Protection of Children from
Environmental Health Risks and Safety Risks (62 FR 19885, April 23,
1997), and Executive Order 13211 entitled Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use (66 FR 28355, May 22, 2001). In addition, since this order

is not a rule under the APA (5 U.S.C. 551(4)), and does 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 action does not contain any information collections or impose
additional burdens that require approval by OMB under the Paperwork
Reduction Act (PRA) (44 U.S.C. 3501 et seq.). Nor does this order
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).
    This order 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 FFDCA section 408(n)(4). 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 State 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 order. In addition, this
order does not impose any enforceable duty or contain any unfunded
mandate as described in the Unfunded Mandates Reform Act (UMRA) (2
U.S.C. 1531-1538).

VIII. Congressional Review Act (CRA)

    The CRA (5 U.S.C. 801 et seq.) does not apply to this action
because this order n is not a rule as that term is defined in 5 U.S.C.
804(3). EPA will, however, submit a courtesy copy of this document to
each House of the Congress and to the Comptroller General of the United
States.

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 9, 2015.
Jack E. Housenger,
Director, Office of Pesticide Programs.

    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. In Sec.  180.254, revise the table in paragraph (a) and revise
paragraph (c) to read as follows:

Sec.  180.254  Carbofuran; tolerances for residues.

    (a) * * *

------------------------------------------------------------------------
                      Commodity                        Parts per million
------------------------------------------------------------------------
Banana \1\...........................................                0.1
Coffee, bean, green \1\..............................                0.1
Rice, grain \1\......................................                0.2
Sugarcane, cane \1\..................................                0.1
------------------------------------------------------------------------
\1\ There are no U.S. registrations for use of carbofuran on these
  commodities.

* * * * *
    (c) Tolerances with regional registrations. [Reserved]
* * * * *
[FR Doc. 2015-08784 Filed 4-16-15; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register: January 11, 2008 (Volume 73, Number 8)]
[Notices]
[Page 2074-2076]
[DOCID:fr11ja08-88]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

Proposed Agency Information Collection Activities; Comment
Request

AGENCY: Federal Railroad Administration, DOT.

ACTION: Notice.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995 and its
implementing regulations, the Federal Railroad Administration (FRA)
hereby announces that it is seeking renewal of the following currently
approved information collection activities. Before submitting these
information collection requirements for clearance by the Office of
Management and Budget (OMB), FRA is soliciting public comment on
specific aspects of the activities identified below.

DATES: Comments must be received no later than March 11, 2008.

ADDRESSES: Submit written comments on any or all of the following
proposed activities by mail to either: Mr. Robert Brogan, Office of
Safety, Planning and Evaluation Division, RRS-21, Federal Railroad
Administration, 1200 New Jersey Avenue, SE., Mail Stop 25, Washington,
DC 20590, or Ms. Gina Christodoulou, Office of Support Systems Staff,
RAD-43, Federal Railroad Administration, 1200 New Jersey Avenue, SE.,
Mail Stop 35, Washington, DC 20590. Commenters requesting FRA to
acknowledge receipt of their respective comments must include a self-
addressed stamped postcard stating, ``Comments on OMB control number
2130-0566.'' Alternatively, comments may be transmitted via facsimile
to<PHONE_NUMBER> or<PHONE_NUMBER>, or via E-mail to Mr. Brogan at
<EMAIL_ADDRESS>or to Ms. Christodoulou at

<EMAIL_ADDRESS>Please refer to the assigned OMB control
number in any correspondence submitted. FRA will summarize comments
received in response to this notice in a subsequent notice and include
them in its information collection submission to OMB for approval.

FOR FURTHER INFORMATION CONTACT: Mr. Robert Brogan, Office of Planning
and Evaluation Division, RRS-21, Federal Railroad Administration, 1200
New Jersey Avenue, SE., Mail Stop 25, Washington, DC 20590 (telephone:
(202) 493-6292) or Gina Christodoulou, Office of Support Systems Staff,
RAD-43, Federal Railroad Administration, 1200 New Jersey Avenue, SE.,
Mail Stop 35, Washington, DC 20590 (telephone: (202)

493-6139). (These telephone numbers are not toll-free.)

SUPPLEMENTARY INFORMATION: The Paperwork Reduction Act of 1995 (PRA),
Pub. L. No. 104-13, Sec.  2, 109 Stat. 163 (1995) (codified as revised
at 44 U.S.C. 3501-3520), and its implementing regulations, 5 CFR Part
1320, require Federal agencies to provide 60-days notice to the public
for comment on information collection activities before seeking
approval for reinstatement or renewal by OMB. 44 U.S.C. 3506(c)(2)(A);
5 CFR 1320.8(d)(1), 1320.10(e)(1), 1320.12(a). Specifically, FRA
invites interested respondents to comment on the following summary of
proposed information collection activities regarding (i) whether the
information collection activities are necessary for FRA to properly
execute its functions, including whether the activities will have
practical utility; (ii) the accuracy of FRA's estimates of the burden
of the information collection activities, including the validity of the
methodology and assumptions used to determine the estimates; (iii) ways
for FRA to enhance the quality, utility, and clarity of the information
being collected; and (iv) ways for FRA to minimize the burden of
information collection activities on the public by automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology (e.g., permitting electronic
submission of responses). See 44 U.S.C. Sec.  3506(c)(2)(A)(I)-(iv); 5
CFR 1320.8(d)(1)(I)-(iv). FRA believes that soliciting public comment
will promote its efforts to reduce the administrative and paperwork
burdens associated with the collection of information mandated by
Federal regulations. In summary, FRA reasons that comments received
will advance three objectives: (i) Reduce reporting burdens; (ii)
ensure that it organizes information collection requirements in a
``user friendly'' format to improve the use of such information; and
(iii) accurately assess the resources expended to retrieve and produce
information requested. See 44 U.S.C. 3501.
    Below is a brief summary of the currently approved information
collection activities that FRA will submit for clearance by OMB as
required under the PRA:
    Title: Reflectorization of Freight Rolling Stock.
    OMB Control Number: 2130-0566.
    Abstract: The Federal Railroad Administration (FRA) issued this
regulation to mandate the reflectorization of freight rolling stock
(freight cars and locomotives) to enhance the visibility of trains in
order to reduce the number and severity of accidents at highway-rail
grade crossings in which train visibility acted as a contributing
factor. The information collected is used by FRA to ensure that
railroads/car owners follow the schedule established by the regulation
for placing retro-reflective material on the sides of freight rolling
stock (freight cars and locomotives) in order to improve the visibility
of trains. The information collected is also used by FRA to confirm
that railroads/car owners meet the prescribed standards for the
application, inspection, and maintenance of the required retro-
reflective material.
    Form Number(s): FRA F 6180.113.
    Affected Public: Businesses.
    Respondent Universe: 685 railroads.
    Frequency of Submission: On occasion; annually.

                                                Reporting Burden
----------------------------------------------------------------------------------------------------------------
                                  Respondent      Total annual     Average time    Total annual    Total annual
         CFR section               universe        responses      per  response    burden hours     burden cost
----------------------------------------------------------------------------------------------------------------
224.7--Waivers...............  685 Railroads/   10 petitions...  1 hour.........              20            $740
                                Car Owners.
224.15--Special Approval       3 Manufacturers  10 petitions...  40 hours.......             400          20,560
 Procedures--Petitions.
    --Public Comment.........  3 Manufacturers/ 5 comments.....  1 hour.........               5             185
                                Railroads.
224.107--Implementation
 Schedule: Freight Cars
    --Existing Freight Cars w/ 685 Railroads/   400 reports....  15 minutes.....             100           3,700
     o retroreflective          Car Owners.
     sheeting.
    --Updated                  685 Railroads/   400 reports....  20 hours.......           8,000         296,000
     Reflectorization           Car Owners.
     Implementation Plans.
    --Failure Reports........  685 Railroads/   5 Failure Rpts.  2 hours........              10             370
                                Car Owners.
II. Existing Cars with         685 Railroads/   172 reports....  20 hours.......           3,440         127,280
 Retroreflective Sheeting       Car Owners.
 (b). Locomotives.
    --Existing Locomotives w/  685 Railroads/   35 reports/      15 minutes.....               9             333
     o Retroreflective          Car Owners.      forms.
     Sheeting.
    --Updated                  685 Railroads/   35 reports/      3 hours........             105           3,885
     Reflectorization           Car Owners.      forms.
     Implementation Plans.
    --Failure Reports........  685 Railroads/   1 Failure        2 hours........               2              74
                                Car Owners.      Report.
II. Existing Locomotives with  685 Railroads/   617 reports....  4 hours........           2,468          91,316
 Retroreflective Sheeting.      Car Owners.
224.109--Inspection, Repair,   AAR + 300 Car    240,000 Notific  10 minutes.....          40,000       1,560,000
 Replacement--Fr. Cars.         Shops.
    --Locomotives: Records of  22,800           4,560 records..  3 minutes......             228          10,488
     Restriction.               Locomotives.
----------------------------------------------------------------------------------------------------------------

    Total Responses: 246,250.
    Estimated Total Annual Burden: 54,787 Hours.
    Status: Regular Review.
    Pursuant to 44 U.S.C. 3507(a) and 5 CFR 1320.5(b),
1320.8(b)(3)(vi), FRA informs all interested parties that it may not
conduct or sponsor, and a respondent is not required to respond to, a
collection of information unless it displays a currently valid OMB
control number.

    Authority: 44 U.S.C. 3501-3520.

    Issued in Washington, DC, on January 4, 2008.
D.J. Stadtler,
Director, Office of Financial Management, Federal Railroad
Administration.
 [FR Doc. E8-295 Filed 1-10-08; 8:45 am]

BILLING CODE 4910-06-P