[Federal Register Volume 79, Number 204 (Wednesday, October 22, 2014)]
[Notices]
[Pages 63147-63150]
[FR Doc No: 2014-25150]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2014-0002; Internal Agency Docket No. FEMA-B-1442]

Changes in Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice lists communities where the addition or
modification of Base Flood Elevations (BFEs), base flood depths,
Special Flood Hazard Area (SFHA) boundaries or zone designations, or
the regulatory floodway (hereinafter referred to as flood hazard
determinations), as shown on the Flood Insurance Rate Maps (FIRMs), and
where applicable, in the supporting Flood Insurance Study (FIS)
reports, prepared by the Federal Emergency Management Agency (FEMA) for
each community, is appropriate because of new scientific or technical
data. The FIRM, and where applicable, portions of the FIS report, have
been revised to reflect these flood hazard determinations through
issuance of a Letter of Map Revision (LOMR), in accordance with Title
44, Part 65 of the Code of Federal Regulations (44 CFR part 65). The
LOMR will be used by insurance agents and others to calculate
appropriate flood insurance premium rates for new buildings and the
contents of those buildings. For rating purposes, the currently
effective community number is shown in the table below and must be used
for all new policies and renewals.

DATES: These flood hazard determinations will become effective on the
dates listed in the table below and revise the FIRM panels and FIS
report in effect prior to this determination for the listed
communities.
    From the date of the second publication of notification of these
changes in a newspaper of local circulation, any person has ninety (90)
days in which to request through the community that the Deputy
Associate Administrator for Mitigation reconsider the changes. The
flood hazard determination information may be changed during the 90-day
period.

ADDRESSES: The affected communities are listed in the table below.
Revised flood hazard information for each community is available for
inspection at both the online location and the respective community map
repository address listed in the table below. Additionally, the current
effective FIRM and FIS report for each community are accessible online
through the FEMA Map Service Center at www.msc.fema.gov for comparison.
    Submit comments and/or appeals to the Chief Executive Officer of
the community as listed in the table below.

FOR FURTHER INFORMATION CONTACT: Luis Rodriguez, Chief, Engineering
Management Branch, Federal Insurance and Mitigation Administration,
FEMA, 500 C Street SW., Washington, DC 20472,<PHONE_NUMBER>, or
(email<EMAIL_ADDRESS>or visit the FEMA Map Information
eXchange (FMIX) online at www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION: The specific flood hazard determinations are
not described for each community in this notice. However, the online
location and local community map repository address where the flood
hazard determination information is available for inspection is
provided.
    Any request for reconsideration of flood hazard determinations must
be submitted to the Chief Executive Officer of the community as listed
in the table below.
    The modifications are made pursuant to section 201 of the Flood
Disaster Protection Act of 1973, 42 U.S.C. 4105, and are in accordance
with the National Flood Insurance Act of 1968, 42 U.S.C. 4001 et seq.,
and with 44 CFR part 65.
    The FIRM and FIS report are the basis of the floodplain management
measures that the community is required either to adopt or to show
evidence of having in effect in order to qualify or remain

qualified for participation in the National Flood Insurance Program
(NFIP).
    These flood hazard determinations, together with the floodplain
management criteria required by 44 CFR 60.3, are the minimum that are
required. They should not be construed to mean that the community must
change any existing ordinances that are more stringent in their
floodplain management requirements. The community may at any time enact
stricter requirements of its own or pursuant to policies established by
other Federal, State, or regional entities. The flood hazard
determinations are in accordance with 44 CFR 65.4.
    The affected communities are listed in the following table. Flood
hazard determination information for each community is available for
inspection at both the online location and the respective community map
repository address listed in the table below. Additionally, the current
effective FIRM and FIS report for each community are accessible online
through the FEMA Map Service Center at www.msc.fema.gov for comparison.

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                                                    Chief executive                       Online location of
       State and county         Location and case      officer of       Community map        Letter of Map           Effective date of        Community
                                       No.             community          repository           Revision                modification              No.
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Alabama: Tuscaloosa...........  City of            The Honorable      Engineering        http://               November 19, 2014...........       010203
                                 Tuscaloosa (14-    Walter Maddox,     Department, 2201   www.msc.fema.gov/
                                 04-3253P).         Mayor, City of     University         lomc.
                                                    Tuscaloosa, 2201   Boulevard,
                                                    University         Tuscaloosa, AL
                                                    Boulevard,         35401.
                                                    Tuscaloosa, AL
                                                    35401.
Arizona:
    Maricopa..................  City of            The Honorable Jim  City Hall, 3939    http://               December 5, 2014............       045012
                                 Scottsdale (14-    Lane, Mayor,       North Drinkwater   www.msc.fema.gov/
                                 09-2290P).         City of            Boulevard,         lomc.
                                                    Scottsdale, 3939   Scottsdale, AZ
                                                    North Drinkwater   85251.
                                                    Boulevard,
                                                    Scottsdale, AZ
                                                    85251.
    Mohave....................  Unincorporated     The Honorable      Mohave County      http://               November 20, 2014...........       040058
                                 areas of Mohave    Gary Watson,       Administration     www.msc.fema.gov/
                                 County (14-09-     Chairman, Mohave   Building, 700      lomc.
                                 0834P).            County Board of    West Beale
                                                    Supervisors, 700   Street, Kingman,
                                                    West Beale         AZ 86401.
                                                    Street, Kingman,
                                                    AZ 86401.
    Santa Cruz................  City of Nogales    The Honorable      Public Works       http://               November 12, 2014...........       040091
                                 (13-09-1781P).     Arturo R.          Department, 1450   www.msc.fema.gov/
                                                    Garino, Mayor,     North Hohokam      lomc.
                                                    City of Nogales,   Drive, Nogales,
                                                    777 North Grand    AZ 85621.
                                                    Avenue, Nogales,
                                                    AZ 85621.
California:
    Alameda...................  City of Fremont    The Honorable      Development        http://               November 28, 2014...........       065028
                                 (14-09-0273P).     Bill Harrison,     Services Center,   www.msc.fema.gov/
                                                    Mayor, City of     39550 Liberty      lomc.
                                                    Fremont, 3300      Street, Fremont,
                                                    Capitol Avenue,    CA 94538.
                                                    Fremont, CA
                                                    94538.
    Napa......................  City of Napa (14-  The Honorable      Public Works       http://               November 12, 2014...........       060207
                                 09-2231P).         Jill Techel,       Department, 1600   www.msc.fema.gov/
                                                    Mayor, City of     1st Street,        lomc.
                                                    Napa, P.O. Box     Napa, CA 94559.
                                                    660, Napa, CA
                                                    94559.
    Riverside.................  Unincorporated     The Honorable      Riverside County   http://               October 20, 2014............       060245
                                 areas of           Jeff Stone,        Flood Control      www.msc.fema.gov/
                                 Riverside County   Chairman,          and Water          lomc.
                                 (14-09-1024P).     Riverside County   Conservation
                                                    Board of           District, 1995
                                                    Supervisors,       Market Street,
                                                    4080 Lemon         Riverside, CA
                                                    Street, 5th        92501.
                                                    Floor,
                                                    Riverside, CA
                                                    92501.
    San Diego.................  Unincorporated     The Honorable      San Diego County   http://               December 2, 2014............       060284
                                 areas of San       Dianne Jacob,      Department of      www.msc.fema.gov/
                                 Diego County (14-  Chair, San Diego   Public Works,      lomc.
                                 09-1892P).         County Board of    Flood Control
                                                    Supervisors,       Division, 5510
                                                    1600 Pacific       Overland Avenue,
                                                    Highway, San       Suite 410, San
                                                    Diego, CA 92101.   Diego, CA 92123.
    Tulare....................  Unincorporated     The Honorable      Tulare County      http://               December 4, 2014............       065066
                                 areas of Tulare    Phillip Cox,       Resource           www.msc.fema.gov/
                                 County (13-09-     Chairman, Tulare   Management         lomc.
                                 2741P).            County Board of    Headquarters,
                                                    Supervisors,       5961 South
                                                    2800 West Burrel   Mooney
                                                    Avenue, Visalia,   Boulevard,
                                                    CA 93291.          Visalia, CA
                                                                       93277.
Colorado:
    Arapahoe..................  City of Cherry     The Honorable      City Hall, 2450    http://               December 5, 2014............       080013
                                 Hills Village      Doug Tisdale,      East Quincy        www.msc.fema.gov/
                                 (14-08-0050P).     Mayor, City of     Avenue, Cherry     lomc.
                                                    Cherry Hills       Hills Village,
                                                    Village, 2450      CO 80113.
                                                    East Quincy
                                                    Avenue, Cherry
                                                    Hills Village,
                                                    CO 80113.
    Boulder...................  Town of Lyons (14- The Honorable      Town Hall, 432     http://               December 9, 2014............       080029
                                 08-0669P).         John O'Brien,      5th Avenue,        www.msc.fema.gov/
                                                    Mayor, Town of     Lyons, CO 80540.   lomc.
                                                    Lyons, P.O. Box
                                                    49, Lyons, CO
                                                    80540.
    Jefferson.................  City of Lakewood   The Honorable Bob  Engineering        http://               November 28, 2014...........       085075
                                 (14-08-0872P).     Murphy, Mayor,     Department, 480    www.msc.fema.gov/
                                                    City of            South Allison      lomc.
                                                    Lakewood, 480      Parkway,
                                                    South Allison      Lakewood, CO
                                                    Parkway,           80226.
                                                    Lakewood, CO
                                                    80226.

    Jefferson.................  Unincorporated     The Honorable      Jefferson County   http://               December 5, 2014............       080087
                                 areas of           Faye Griffin,      Department of      www.msc.fema.gov/
                                 Jefferson County   Chair, Jefferson   Planning and       lomc.
                                 (14-08-0683P).     County Board of    Zoning, 100
                                                    Commissioners,     Jefferson County
                                                    100 Jefferson      Parkway, Golden,
                                                    County Parkway,    CO 80419.
                                                    Golden, CO 80419.
Florida:
    Monroe....................  Unincorporated     The Honorable      Monroe County      http://               December 2, 2014............       125129
                                 areas of Monroe    Sylvia Murphy,     Department of      www.msc.fema.gov/
                                 County (14-04-     Mayor, Monroe      Planning and       lomc.
                                 5223P).            County, 1100       Environmental
                                                    Simonton Street,   Resources, 2798
                                                    Key West, FL       Overseas
                                                    33040.             Highway,
                                                                       Marathon, FL
                                                                       33050.
    Polk......................  Unincorporated     The Honorable R.   Polk County        http://               November 28, 2014...........       120261
                                 areas of Polk      Todd Dantzler,     Engineering        www.msc.fema.gov/
                                 County (13-04-     Chairman, Polk     Division, 330      lomc.
                                 6579P).            County Board of    West Church
                                                    Commissioners,     Street, Bartow,
                                                    P.O. Box 9005,     FL 33830.
                                                    Bartow, FL 33831.
    Sarasota..................  Town of Longboat   The Honorable Jim  Town Hall, 501     http://               December 11, 2014...........       125126
                                 Key (14-04-        Brown, Mayor,      Bay Isles Road,    www.msc.fema.gov/
                                 6848P).            Town of Longboat   Longboat Key, FL   lomc.
                                                    Key, 501 Bay       34228.
                                                    Isles Road,
                                                    Longboat Key, FL
                                                    34228.
    Volusia...................  City of Orange     The Honorable Tom  Planning           http://               December 2, 2014............       120633
                                 City (14-04-       Laputka, Mayor,    Department, 205    www.msc.fema.gov/
                                 0649P).            City of Orange     East Graves        lomc.
                                                    City, 205 East     Avenue, Orange
                                                    Graves Avenue,     City, FL 32763.
                                                    Orange City, FL
                                                    32763.
Georgia:
    Columbia..................  Unincorporated     The Honorable Ron  Columbia County    http://               December 1, 2014............       130059
                                 areas of           C. Cross,          Stormwater         www.msc.fema.gov/
                                 Columbia County    Chairman,          Department, 603    lomc.
                                 (14-04-0306P).     Columbia County    Ronald Reagan
                                                    Board of           Drive, Building
                                                    Commissioners,     A, East Wing,
                                                    P.O. Box 498,      Evans, GA 30809.
                                                    Evans, GA 30809.
    Richmond..................  Augusta-Richmond   The Honorable      Augusta-Richmond   http://               November 14, 2014...........       130158
                                 County (14-04-     Deke S.            County Planning    www.msc.fema.gov/
                                 2417P).            Copenhaver,        and Development    lomc.
                                                    Mayor, Augusta-    Department, 525
                                                    Richmond County,   Telfair Street,
                                                    530 Greene         Augusta, GA
                                                    Street, Augusta,   30901.
                                                    GA 30901.
    Richmond..................  Augusta-Richmond   The Honorable      Augusta-Richmond   http://               November 28, 2014...........       130158
                                 County (14-04-     Deke S.            County Planning    www.msc.fema.gov/
                                 4315P).            Copenhaver,        and Development    lomc.
                                                    Mayor, Augusta-    Department, 525
                                                    Richmond County,   Telfair Street,
                                                    530 Greene         Augusta, GA
                                                    Street, Augusta,   30901.
                                                    GA 30901.
Kentucky: Fayette.............  Lexington-Fayette  The Honorable Jim  Lexington-Fayette  http://               November 24, 2014...........       210067
                                 Urban County       Gray, Mayor,       Urban County       www.msc.fema.gov/
                                 Government (13-    Lexington-         Government         lomc.
                                 04-1223P).         Fayette Urban      Planning
                                                    County             Division, 101
                                                    Government, 200    East Vine
                                                    East Main          Street,
                                                    Street,            Lexington, KY
                                                    Lexington, KY      40507.
                                                    40507.
Montana: Mineral..............  Town of Superior   The Honorable      Town Hall, 105     http://               January 15, 2015............       300128
                                 (14-08-0313P).     Roni Phillips,     Cedar Street,      www.msc.fema.gov/
                                                    Mayor, Town of     Superior, MT       lomc.
                                                    Superior, P.O.     59872.
                                                    Box 729,
                                                    Superior, MT
                                                    59872.
North Carolina: Guilford......  City of High       The Honorable      Engineering        http://               November 27, 2014...........       370113
                                 Point (14-04-      Bernita Sims,      Services           www.msc.fema.gov/
                                 2188P).            Mayor, City of     Department, 211    lomc.
                                                    High Point, 211    South Hamilton
                                                    South Hamilton     Street, High
                                                    Street, High       Point, NC 27260.
                                                    Point, NC 27260.
South Carolina:
    Charleston................  City of            The Honorable      Department of      http://               December 2, 2014............       455412
                                 Charleston (14-    Joseph P. Riley,   Public Services,   www.msc.fema.gov/
                                 04-7487X).         Jr., Mayor, City   75 Calhoun         lomc.
                                                    of Charleston,     Street, 3rd
                                                    P.O. Box 652,      Floor,
                                                    Charleston, SC     Charleston, SC
                                                    29402.             29401.
    Charleston................  Town of Mount      The Honorable      Town Hall, 100     http://               November 20, 2014...........       455417
                                 Pleasant (14-04-   Linda Page,        Ann Edwards        www.msc.fema.gov/
                                 3646P).            Mayor, Town of     Lane, Mount        lomc.
                                                    Mount Pleasant,    Pleasant, SC
                                                    100 Ann Edwards    29464.
                                                    Lane, Mount
                                                    Pleasant, SC
                                                    29464.

    Charleston................  Unincorporated     The Honorable      Charleston County  http://               November 20, 2014...........       455413
                                 areas of           Teddie E. Pryor,   Building           www.msc.fema.gov/
                                 Charleston         Sr., Chairman,     Services           lomc.
                                 County (14-04-     Charleston         Department, 4045
                                 3646P).            County Council,    Bridge View
                                                    2700 Crestline     Drive, North
                                                    Drive, North       Charleston, SC
                                                    Charleston, SC     29405.
                                                    29405.
    Lancaster.................  Unincorporated     The Honorable      Lancaster County   http://               December 11, 2014...........       450120
                                 areas of           Larry              Building and       www.msc.fema.gov/
                                 Lancaster County   McCullough,        Zoning             lomc.
                                 (14-04-4016P).     Chairman,          Department, 101
                                                    Lancaster County   North Main
                                                    Council, 101       Street,
                                                    North Main         Lancaster, SC
                                                    Street,            29721.
                                                    Lancaster, SC
                                                    29721.
South Dakota:
    Custer....................  Town of Hermosa    The Honorable      Planning and       http://               November 13, 2014...........       460230
                                 (14-08-0158P).     Linda Kramer,      Zoning             www.msc.fema.gov/
                                                    President, Town    Commission, 230    lomc.
                                                    of Hermosa Board   Main Street,
                                                    of Trustees,       Hermosa, SD
                                                    P.O. Box 298,      57744.
                                                    Hermosa, SD
                                                    57744.
    Custer....................  Unincorporated     The Honorable      Custer County      http://               November 13, 2014...........       460018
                                 areas of Custer    Phil Lampert,      Department of      www.msc.fema.gov/
                                 County (14-08-     Chairman, Custer   Planning and       lomc.
                                 0158P).            County Board of    Economic
                                                    Commissioners,     Development, 420
                                                    420 Mount          Mount Rushmore
                                                    Rushmore Road,     Road, Custer, SD
                                                    Custer, SD 57730.  57730.
    Lawrence..................  City of Spearfish  The Honorable      City Hall, 625     http://               December 9, 2014............       460046
                                 (14-08-0440P).     Dana Boke,         North 5th          www.msc.fema.gov/
                                                    Mayor, City of     Street,            lomc.
                                                    Spearfish, 625     Spearfish, SD
                                                    North 5th          57783.
                                                    Street,
                                                    Spearfish, SD
                                                    57783.
    Minnehaha.................  City of Hartford   The Honorable      City Hall, 125     http://               December 1, 2014............       460180
                                 (14-08-0151P).     Paul Zimmer,       North Main,        www.msc.fema.gov/
                                                    Mayor, City of     Hartford, SD       lomc.
                                                    Hartford, P.O.     57033.
                                                    Box 727,
                                                    Hartford, SD
                                                    57033.
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(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

    Dated: September 29, 2014.
Roy E. Wright,
Deputy Associate Administrator for Mitigation, Department of Homeland
Security, Federal Emergency Management Agency.
[FR Doc. 2014-25150 Filed 10-21-14; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register: March 29, 2006 (Volume 71, Number 60)]
[Rules and Regulations]
[Page 15612-15617]
[DOCID:fr29mr06-15]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2004-0328; FRL-7769-6]

Fenhexamid; Pesticide Tolerance

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation establishes a tolerance for residues of
fenhexamid in or on ginseng and pear. The Interregional Research
Project 4 (IR-4), Center for Minor Crop Pest Management requested this
tolerance under the Federal Food, Drug, and Cosmetic Act (FFDCA), as
amended by the Food Quality Protection Act of 1996 (FQPA).

DATES: This regulation is effective March 29, 2006. Objections and
requests for hearings must be received on or before May 30, 2006.

ADDRESSES: To submit a written objection or hearing request follow the
detailed instructions as provided in Unit VI. of the SUPPLEMENTARY
INFORMATION. EPA has established a docket for this action under Docket
identification (ID) number EPA-HQ-OPP-2004-0328. All documents in the

docket are listed on the http://www.regulations.gov web site. (EDOCKET, EPA's

electronic public docket and comment system was replaced on November
25, 2005, by an enhanced Federal-wide electronic docket management and
comment system located at http://www.regulations.gov/. Follow the on-

line instructions.) Although listed in the index, some information is
not publicly available, i.e., CBI or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically in EDOCKET or in hard copy at the
Public Information and Records Integrity Branch (PIRIB), Rm. 119,
Crystal Mall 2, 1801 S. Bell St., Arlington, VA. This docket
facility is open from 8:30 a.m. to 4 p.m., Monday through Friday,
excluding legal holidays. The docket telephone number is (703) 305-
5805.

FOR FURTHER INFORMATION CONTACT: Maria I. Rodriguez, Registration
Division (7505C), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number:<PHONE_NUMBER>; e-mail
<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
Potentially affected entities may include, but are not limited to:
     Crop production (NAICS 111), e.g., agricultural workers;
greenhouse, nursery, and floriculture workers; farmers.
     Animal production (NAICS 112), e.g., cattle ranchers and
farmers, dairy cattle farmers, livestock farmers.
     Food manufacturing (NAICS 311), e.g., agricultural
workers; farmers; greenhouse, nursery, and floriculture workers;
ranchers; pesticide applicators.
     Pesticide manufacturing (NAICS 32532), e.g., agricultural
workers; commercial applicators; farmers; greenhouse, nursery, and
floriculture workers; residential users.
    This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. If you have any
questions regarding the applicability of this action to a particular
entity, consult the person listed underFOR FURTHER INFORMATION CONTACT.

B. How Can I Access Electronic Copies of this Document and Other
Related Information?

    In addition to using EDOCKET (http://www.epa.gov/edocket/), you may

access this Federal Register document electronically through the EPA
Internet under the ``Federal Register'' listings at http://www.epa.gov/fedrgstr/.
 A frequently updated electronic version of 40 CFR part 180

is available on E-CFR Beta Site Two at http://www.gpoaccess.gov/ecfr/.

II. Background and Statutory Findings

    In the Federal Register of August 27, 2004 (69 FR 52684) (FRL-7675-
2), 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
3E6799) by The Interregional Research Project 4 (IR-4), Center for
Minor Crop Pest Management, 681 U.S. Highway 1 South, North
Brunswick, NJ 08902-3390. The petition requested that 40 CFR 180.553 be
amended by establishing a tolerance for residues of the fungicide
fenhexamid, in or on apple, wet pomace at 25 parts per million (ppm)
and fruit, pome, group 11 at 10 ppm. That notice included a summary of
the petition prepared by IR-4, the registrant. Comments were received
from one individual in New Jersey opposing and objecting the
establishment of tolerances for residues of fenhexamid. The individual
criticized IR-4's involvement in the pesticide registration as well as
EPA's way of conducting pesticide registration. EPA's response to the
public comments received is in Unit IV. of this document. It should be
noted that the petition for apple, wet pomace will be addressed at a
later time in another ruling.
    In the Federal Register of November 30, 2005 (70 FR 71838)(FRL-
7735-7), 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
4E6859 and PP 4E6860) by The Interregional Research Project 4 (IR-4),
Center for Minor Crop Pest Management, 681 U.S. Highway 1
South, North Brunswick, NJ 08902-3390. The petition requested that 40
CFR 180.553 be amended by establishing a tolerance for residues of the
fungicide fenhexamid, in or on cilantro (as part of crop subgroup 4A)
at 30 ppm, ginseng at 0.3 ppm, non-bell pepper at 0.02 ppm, and
pomegranate at 3.0 ppm. That notice included a summary of the petition
prepared by IR-4, the registrant. It should be noted that the petition
for cilantro, non-bell pepper, and pomegranate will be addressed at a
later time in another ruling.
    Currently, there is an expired time-limited tolerance for
fenhexamid in or on pears that is still listed in the CFR. As part of
this final rule, EPA is taking the ministerial action of removing that
expired tolerance.
    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. . .
.''
    EPA performs a number of analyses to determine the risks from
aggregate exposure to pesticide residues. For further discussion of the
regulatory requirements of section 408 of the FFDCA and a complete
description of the risk assessment process, see http://www.epa.gov/fedrgstr/EPA-PEST/1997/November/Day-26/p30948.htm
.

III. Aggregate Risk Assessment and Determination of Safety

    Consistent with section 408(b)(2)(D) of FFDCA, EPA has reviewed the
available scientific data and other relevant information in support of
this action. EPA has sufficient data to assess the hazards of and to
make a determination on aggregate exposure, consistent with section
408(b)(2) of FFDCA, for a tolerance for residues of fenhexamid in/on
ginseng at 0.3 ppm and pear at 10 ppm. 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. Specific information on the studies received and the nature
of the toxic effects caused by fenhexamid 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 in the Federal
Register of April 13, 2000 (65 FR 19842) (FRL-6553-7).

B. Toxicological Endpoints

    For hazards that have a threshold below which there is no
appreciable risk, the dose at which no adverse effects are observed
(the NOAEL) from the toxicology study identified as appropriate for use
in risk assessment is used to estimate the toxicological level of
concern (LOC). However, the lowest dose at which adverse effects of
concern are identified (the LOAEL) is sometimes used for risk
assessment if no NOAEL was achieved in the toxicology study selected.
An uncertainty factor (UF) is applied to reflect 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.
    The linear default risk methodology (Q*) is the primary method
currently used by the Agency to quantify non-threshold hazards such as
cancer. The Q* approach assumes that any amount of exposure will lead
to some degree of cancer risk, estimates risk in terms of the
probability of occurrence of additional cancer cases.
    A summary of the toxicological endpoints for fenhexamid used for
human risk assessment is discussed in Unit III.B. of the final rule
published in theFederal Register of September 26, 2003 (68 FR 55513)
(FRL-7326-7).

C. Exposure Assessment

    1. Dietary exposure from food and feed uses. Tolerances have been
established (40 CFR 180.553) for the residues of fenhexamid, in or on a
variety of raw agricultural commodities. There are existing permanent
tolerances (40 CFR 180.553(a)) for fenhexamid in/on almond, hull (2.0
ppm), almond (0.02 ppm), bushberry subgroup 13B (5.0 ppm), caneberry
subgroup 13A (20.0 ppm), cucumber (2.0 ppm), fruit, stone, group 12,
except plum, prune, fresh, postharvest (10.0 ppm), grape (4.0 ppm),
grape, raisin (6.0 ppm), juneberry (5.0 ppm), kiwifruit, postharvest
(15.0 ppm), leafy greens, subgroups 4A, except spinach (30.0),
lingonberry (5.0 ppm), pistachio (0.02 ppm), plum, prune, dried (2.5
ppm), plum, prune, fresh (1.5 ppm), salal (5.0 ppm), strawberry (3.0
ppm), vegetable, fruiting, group 8, except nonbell pepper (2.0 ppm).
Risk assessments were conducted by EPA to assess dietary exposures from
fenhexamid 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 one-day or single exposure.
    No such effects were identified in the toxicological studies for
fenhexamid; therefore, a quantitative acute dietary exposure assessment
is unnecessary.
    ii. Chronic exposure. In conducting the chronic dietary exposure
assessment EPA used the Dietary Exposure Evaluation Model software with
the Food Commodity Intake Database (DEEM-FCID\TM\), which incorporates
food consumption data as reported by respondents in the USDA 1994-1996
and 1998 Nationwide Continuing Surveys of Food Intake by Individuals
(CSFII), and accumulated exposure to the chemical for each commodity.
The following assumptions were made for the chronic exposure
assessments: Tolerance level residues, 100% crop treated (CT) and
incorporating estimated exposure concentrations (EECs). Default
processing factors were used for all commodities. This represents an
unrefined conservative approach for quantifying risk. For chronic
dietary risk, HED's level of concern is >100% chronic population
adjusted dose (cPAD).
    iii. Cancer. EPA has classified fenhexamid as a ``not likely''
human carcinogen based on the lack of evidence of carcinogenicity in
male and female rats as well as in male and female mice and on the lack
of genotoxicity in an acceptable battery of mutagenicity studies.
Therefore, a quantitative cancer dietary exposure assessment was not
performed.
    2. Dietary exposure from drinking water. The Agency lacks
sufficient monitoring exposure data to complete a comprehensive dietary
exposure analysis and risk assessment for fenhexamid in drinking water.
Because the Agency does not have comprehensive monitoring data,
drinking water concentration estimates are made by reliance on
simulation or modeling taking into account data on the physical
characteristics of fenhexamid.
    Based on the FQPA Index Reservoir Screening Tool (FIRST), or the
Pesticide Root Zone Model/Exposure Analysis Modeling System (PRZM/
EXAMS), and Screening Concentrations in Groundwater (SCI-GROW) models,
the EECs of fenhexamid for acute exposures are estimated to be 29 parts
per billion (ppb) for surface water and 0.0007 ppb for ground water.
The EECs for chronic exposures are estimated to be 1.14 ppb for surface
water and 0.0007 ppb for ground 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).
    Fenhexamid is not registered for use on any sites that would result
in residential exposure.
    4. Cumulative effects from substances with a common mechanism of
toxicity. Section 408(b)(2)(D)(v) of the 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.''
    Unlike other pesticides for which EPA has followed a cumulative
risk approach based on a common mechanism of toxicity, EPA has not made
a common mechanism of toxicity finding as to fenhexamid and any other
substances and fenhexamid does not appear to produce a toxic metabolite
produced by other substances. For the purposes of this tolerance
action, therefore, EPA has not assumed that fenhexamid has a common
mechanism of toxicity with other substances. For information regarding
EPA's efforts to determine which chemicals have a common mechanism of
toxicity and to evaluate the cumulative effects of such chemicals, see
the policy statements released by EPA's Office of Pesticide Programs
concerning common mechanism determinations and procedures for
cumulating effects from substances found to have a common mechanism on
EPA's website athttp://www.epa.gov/pesticides/cumulative/.

D. Safety Factor for Infants and Children

    1. In general. Section 408 of FFDCA provides that EPA shall apply
an

additional tenfold 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 data base on toxicity and exposure
unless EPA determines based on reliable data that a different margin of
safety will be safe for infants and children. Margins of safety are
incorporated into EPA risk assessments either directly through use of a
MOE analysis or through using uncertainty (safety) factors in
calculating a dose level that poses no appreciable risk to humans. In
applying this provision, EPA either retains the default value of 10X
when reliable data do not support the choice of a different factor, or,
if reliable data are available, EPA uses a different additional safety
factor value based on the use of traditional uncertainty factors and/or
special FQPA safety factors, as appropriate.
    2. Prenatal and postnatal sensitivity. Fenhexamid is not acutely
toxic, neurotoxic, carcinogenic or mutagenic and is not a developmental
or reproductive toxicant. There is low concern for prenatal and/or
postnatal toxicity resulting from exposure to fenhexamid. (See Federal
Register of September 26, 2003 (68 FR 55513) (FRL-7326-7). In addition,
there are no concerns for developmental neurotoxicity resulting from
exposure to fenhexamid.
    3. Conclusion. Because there is a complete toxicity data base for
fenhexamid, and exposure data are complete or are estimated based on
data that reasonably accounts for potential exposures, and there is low
concern for prenatal or postnatal toxicity, the additional 10X safety
factor has been removed. (See September 26, 2003).

E. Aggregate Risks and Determination of Safety

    1. Acute risk. An acute risk assessment was not performed. No
toxicological endpoint attributable to a single (acute) dietary
exposure was identified. Therefore, acute risk from exposure to
fenhexamid is not expected.
    2. Chronic risk. Using the exposure assumptions described in this
unit for chronic exposure, EPA has concluded that exposure to
fenhexamid from food will utilize 10% of the cPAD for the U.S.
population, 0.55% of the cPAD for all infants <  1 year old, and 68% of
the cPAD for children 1-2 years old. There are no residential uses for
fenhexamid that result in chronic residential exposure to fenhexamid.
There is potential for chronic dietary exposure to fenhexamid in
drinking water. After calculating DWLOCs and comparing them to the EECs
for surface and ground water, EPA does not expect the aggregate
exposure to exceed 100% of the cPAD, as shown in the following Table.

                    Aggregate Risk Assessment for Chronic (Non-Cancer) Exposure to fenhexamid
----------------------------------------------------------------------------------------------------------------
                                                                             Surface      Ground/
              Population/Subgroup                cPAD/mg/kg/    %/cPAD/     Water EEC/   Water EEC/    Chronic/
                                                     day         (Food)       (ppb)        (ppb)     DWLOC (ppb)
----------------------------------------------------------------------------------------------------------------
U.S. population                                         0.17           10         1.14       0.0007        5,328
----------------------------------------------------------------------------------------------------------------
All Infants (< 1 year old)                               0.17           55         1.14       0.0007          839
----------------------------------------------------------------------------------------------------------------
Children (1-2 years)                                    0.17           68         1.14       0.0007          547
----------------------------------------------------------------------------------------------------------------

    3. Short-term risk. Short-term aggregate exposure takes into
account residential exposure plus chronic exposure to food and water
(considered to be a background exposure level).
    Fenhexamid is not registered for use on any sites that would result
in residential exposure. Therefore, the aggregate risk is the sum of
the risk from food and water, which do not exceed the Agency's level of
concern.
    4. Intermediate-term risk. Intermediate-term aggregate exposure
takes into account residential exposure plus chronic exposure to food
and water (considered to be a background exposure level).
    Fenhexamid is not registered for use on any sites that would result
in residential exposure. Therefore, the aggregate risk is the sum of
the risk from food and water, which do not exceed the Agency's level of
concern.
    5. Aggregate cancer risk for U.S. population. The Agency has
classified fenhexamid as a ``not likely'' human carcinogen based on
lack of evidence of carcinogenicity in male and female rats as well as
in male and female mice, and on the lack of genotoxicity in an
acceptable battery of mutagenicity studies. Therefore, fenhexamid is
not expected to pose a cancer risk.
    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, and to infants and children from aggregate
exposure to fenhexamid residues.

IV. Other Considerations

A. Analytical Enforcement Methodology

    Adequate enforcement methodology (LC with MS detection or HPLC/ECD)
is available to enforce the tolerance expression. The method may be
requested from: Chief, Analytical Chemistry Branch, Environmental
Science Center, 701 Mapes Rd., Ft. Meade, MD 20755-5350; telephone
number:<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>
B. International Residue Limits

    There is a Canadian maximum residue level (MRL) of 0.3 ppm for
fenhexamid in/on ginseng. There are no Mexican, or Codex MRL's. As
such, there are no issues regarding international harmonizaton.

C. Response to Public Comments Received Regarding Notice of Filing

    Comments were received from one individual in New Jersey opposing
and objecting the establishment of tolerances for residues of
fenhexamid. The individual criticized IR-4's involvement in the
pesticide registration as well as EPA's way of conducting pesticide
registration. The comments were in response to the notice of filing
published in the Federal Register of August 27, 2004.
    One comment indicated that IR-4 and Rutgers University are
profiteering by registering pesticides. The Interregional Research
Project Number 4 (IR-4) Program was created by Congress in 1963 in
order to assist minor crop growers in the process of obtaining
pesticide registrations. IR-4 National Coordinating Headquarters is
located at Rutgers University in NJ and receives the majority (90%) of
its funding from the U.S. Department of Agriculture (USDA). It is the
only publicly funded program that conducts research and

submits petitions for tolerances. IR-4 operates in collaboration with
USDA, the Land Grant University System, the agrochemical industry,
commodity associations, and the EPA. IR-4 identifies needs, prioritizes
accordingly, and conducts research. The majority (over 80%) of IR-4's
research is conducted on reduced-risk chemicals. Under the Pesticide
Registration Improvement Act (PRIA), IR-4 works in cooperation with the
registrant to request a waiver for the registration services. The
waiver may be granted if the application is solely associated by
simultaneous submission with a tolerance petition in connection with
IR-4 and if it is in the public interest. This fee waiver serves as an
incentive to pursue registration of minor uses supported by the IR-4
Program. In addition to the work done in pesticide registration, IR-4
develops risk mitigation measures for existing registered products.
Therefore, IR-4 and Rutgers University are not profiteering from
registering pesticides.
    An additional comment indicated that during animal testing, rabbits
are abused, tortured, and fed toxic chemicals. The EPA Test Guidelines
recommend rabbits as test animals in acute eye irritation studies as
well as in longer term studies such as developmental toxicity and
reproduction studies. Results obtained from studies conducted with
animals (in general) are relevant to humans because cells and molecules
of humans can be very similar to those of animals. Therefore, if a
pesticide causes toxicity in animals, it is likely to do so in humans
as well. The EPA supports the use of the least possible number of
animals in the pertinent studies. In addition, it should be noted that
currently there are no in vitro studies that can address the concerns
these studies satisfy. The EPA is working with the Interagency
Coordinating Committee on the Validation of Alternative Methods
(ICCVAM) to investigate in vitro methods to determine the toxicological
concerns associated with the use of pesticides.

V. Conclusion

    Therefore, the tolerances are established for residues of
fenhexamid in or on ginseng at 0.3 ppm and pear at 10 ppm.

VI. Objections and Hearing Requests

    Under section 408(g) of FFDCA, as amended by FQPA, any person may
file an objection to any aspect of this regulation and may also request
a hearing on those objections. The EPA procedural regulations which
govern the submission of objections and requests for hearings appear in
40 CFR part 178. Although the procedures in those regulations require
some modification to reflect the amendments made to FFDCA by FQPA, EPA
will continue to use those procedures, with appropriate adjustments,
until the necessary modifications can be made. The new section 408(g)
of FFDCA provides essentially the same process for persons to
``object'' to a regulation for an exemption from the requirement of a
tolerance issued by EPA under new section 408(d) of FFDCA, as was
provided in the old sections 408 and 409 of FFDCA. However, the period
for filing objections is now 60 days, rather than 30 days.

A. What Do I Need to Do to File an Objection or Request a Hearing?

    You must file your objection or request a hearing on this
regulation in accordance with the instructions provided in this unit
and in 40 CFR part 178. To ensure proper receipt by EPA, you must
identify docket ID number EPA-HQ-OPP-2004-0328 in the subject line on
the first page of your submission. All requests must be in writing, and
must be mailed or delivered to the Hearing Clerk on or before March 30,
2006.
    1. Filing the request. Your objection must specify the specific
provisions in the regulation that you object to, and the grounds for
the objections (40 CFR 178.25). If a hearing is requested, the
objections must include a statement of the factual issue(s) on which a
hearing is requested, the requestor's contentions on such issues, and a
summary of any evidence relied upon by the objector (40 CFR 178.27).
Information submitted in connection with an objection or hearing
request may be claimed confidential by marking any part or all of that
information as CBI. Information so marked will not be disclosed except
in accordance with procedures set forth in 40 CFR part 2. A copy of the
information that does not contain CBI must be submitted for inclusion
in the public record. Information not marked confidential may be
disclosed publicly by EPA without prior notice.
    Mail your written request to: Office of the Hearing Clerk (1900L),
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001. You may also deliver your request to the
Office of the Hearing Clerk in Suite 350, 1099 14\th\ St., NW.,
Washington, DC 20005. The Office of the Hearing Clerk is open from 8
a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The
telephone number for the Office of the Hearing Clerk is<PHONE_NUMBER>.
    2. Copies for the Docket. In addition to filing an objection or
hearing request with the Hearing Clerk as described in Unit VI.A., you
should also send a copy of your request to the PIRIB for its inclusion
in the official record that is described in ADDRESSES. Mail your
copies, identified by docket ID number EPA-HQ-OPP-2004-0328, to: Public
Information and Records Integrity Branch, Information Technology and
Resources Management Division (7502C), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001. In person or by courier, bring a copy to the
location of the PIRIB described in ADDRESSES. Please use an ASCII file
format and avoid the use of special characters and any form of
encryption. Copies of electronic objections and hearing requests will
also be accepted on disks in WordPerfect 6.1/8.0 or ASCII file format.
Do not include any CBI in your electronic copy. You may also submit an
electronic copy of your request at many Federal Depository Libraries.

B. When Will the Agency Grant a Request for a Hearing?

    A request for a hearing will be granted if the Administrator
determines that the material submitted shows the following: There is a
genuine and substantial issue of fact; there is a reasonable
possibility that available evidence identified by the requestor would,
if established resolve one or more of such issues in favor of the
requestor, taking into account uncontested claims or facts to the
contrary; and resolution of the factual issue(s) in the manner sought
by the requestor would be adequate to justify the action requested (40
CFR 178.32).

VII. Statutory and Executive Order Reviews

    This final rule establishes a tolerance 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 due to its lack of
significance, this rule is not subject to Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use (66 FR 28355, May 22, 2001). This final rule does
not contain any information collections subject to OMB approval under
the

Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et seq., or impose any
enforceable duty or contain any unfunded mandate as described under
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) (Public Law
104-4). Nor does it require any special considerations under Executive
Order 12898, entitled Federal Actions to Address Environmental Justice
in Minority Populations and Low-Income Populations (59 FR 7629,
February 16, 1994); or OMB review or any Agency action under Executive
Order 13045, entitled Protection of Children from Environmental Health
Risks and Safety Risks (62 FR 19885, April 23, 1997). This action does
not involve any technical standards that would require Agency
consideration of voluntary consensus standards pursuant to section
12(d) of the National Technology Transfer and Advancement Act of 1995
(NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272 note). Since
tolerances and exemptions that are established on the basis of a
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. In addition, the Agency has determined that this
action will not have a substantial direct effect on States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government, as specified in Executive Order 13132, entitled Federalism
(64 FR 43255, August 10, 1999). Executive Order 13132 requires EPA to
develop an accountable process to ensure ``meaningful and timely input
by State and local officials in the development of regulatory policies
that have federalism implications.'' ``Policies that have federalism
implications'' is defined in the Executive Order to include regulations
that have ``substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government.'' This final rule directly regulates growers, food
processors, food handlers and food retailers, not States. This action
does not alter the relationships or distribution of power and
responsibilities established by Congress in the preemption provisions
of section 408(n)(4) of FFDCA. For these same reasons, the Agency has
determined that this rule does not have any ``tribal implications'' as
described in Executive Order 13175, entitled Consultation and
Coordination with Indian Tribal Governments (65 FR 67249, November 6,
2000). Executive Order 13175, requires EPA to develop an accountable
process to ensure ``meaningful and timely input by tribal officials in
the development of regulatory policies that have tribal implications.''
``Policies that have tribal implications'' is defined in the Executive
order to include regulations that have ``substantial direct effects on
one or more Indian tribes, on the relationship between the Federal
Government and the Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.''
This rule will not have substantial direct effects on tribal
governments, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes, as specified in
Executive Order 13175. Thus, Executive Order 13175 does not apply to
this rule.

VIII. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of this final rule in theFederal 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
recordkeepingrequirements.

    Dated: March 20, 2006.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.

0
Therefore, 40 CFR chapter I is amended as follows:

PART 180--AMENDED

0
1. The authority citation for part 180 continues to read as follows:

    Authority: 21 U.S.C. 321(q), 346a and 371.

0
2. Section 180.553(a) is amended by alphabetically adding entries for
the commodities ``ginseng'' and ``pear'' to the table in paragraph (a);
removing the text in paragraph (b); and reserving paragraph (b) with
the paragraph heading to read as follows:

Sec.  180.553  Fenhexamid; tolerances for residues.

    (a) * * *

------------------------------------------------------------------------
                      Commodity                        Parts per million
------------------------------------------------------------------------
                                * * * * *
Ginseng..............................................                0.3
                                * * * * *
Pear.................................................                 10
                                * * * * *
------------------------------------------------------------------------

    (b) Section 18 emergency exemptions. [Reserved]
* * * * *

[FR Doc. 06-2975 Filed 3-28-06; 8:45 am]

BILLING CODE 6560-50-S