71714 Federal Register / Vol. 69, No. 237 / Friday, December 10, 2004 / Rules and Regulations 

(A) Letter of April 22, 2004 from the 

Pennsylvania Department of 

Environmental Protection transmitting a 

revision to Pennsylvania’s 1-hour ozone 

maintenance plan for the PittsburghBeaver Valley area. 

(B) Document entitled, ‘‘Revision to 

the State Implementation Plan for the 

Pittsburgh-Beaver Valley Area—Revised 

Highway Vehicle Emissions Budgets’’

dated April, 2004. The document 

revises the Pittsburgh-Beaver Valley

1-hour ozone maintenance plan, 

establishing revised motor vehicle 

emission budgets of 74.03 tons/day of 

volatile organic compounds (VOC) and 

140.63 tons/day of nitrogen oxides 

(NOX) for 2004, 60.42 tons/day of VOC 

and 110.37 tons/day of NOX for 2007, 

and 45.68 tons/day of VOC and 77.09 

tons/day of NOX for 2011. 

(ii) Additional Material. Remainder of 

the Commonwealth’s April 22, 2004 

submittal pertaining to the revision 

listed in paragraph (c)(226)(i) of this 

section.

[FR Doc. 04–27167 Filed 12–9–04; 8:45 am] 

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180

[OPP–2004–0392; FRL–7688–6] 

Multiple Chemicals; Extension of 

Tolerances for Emergency Exemptions

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Final rule.

SUMMARY: This regulation extends timelimited tolerances for the pesticides 

listed in Unit II. of the SUPPLEMENTARY

INFORMATION. These actions are in 

response to EPA’s granting of emergency 

exemptions under section 18 of the 

Federal Insecticide, Fungicide, and 

Rodenticide Act (FIFRA) authorizing 

use of these pesticides. Section 408(l)(6) 

of the Federal Food, Drug, and Cosmetic 

Act (FFDCA) requires EPA to establish 

a time-limited tolerance or exemption 

from the requirement for a tolerance for 

pesticide chemical residues in food that 

will result from the use of a pesticide 

under an emergency exemption granted 

by EPA.

DATES: This regulation is effective 

December 10, 2004. Objections and 

requests for hearings must be received 

on or before February 8, 2005.

ADDRESSES: To submit a written 

objection or hearing request follow the 

detailed instructions as provided in 

Unit III. of the SUPPLEMENTARY

INFORMATION. EPA has established a 

docket for this action under Docket ID 

number OPP–2004–0392. All 

documents in the docket are listed in 

the EDOCKET index at http://

www.epa.gov/edocket. 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 South 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: See 

the table in this unit for the name of a 

specific contact person. The following 

information applies to all contact 

persons: Emergency Response Team, 

Registration Division (7505C), Office of 

Pesticide Programs, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460–

0001.

Pesticide/CFR cite Contact person 

Azoxystrobin; 40 CFR 

180.507; 

Libby Pemberton 

Sec-18-Mailbox

@epamail.epa.gov

(703) 308–9364

Cypermethrin; 40 

CFR 180.418; 

Desmedipham; 

180.353; 

Diuron; 40 CFR 

180.106; 

Propiconazole; 40 

CFR 180.434;

Sodium chlorate 40 

CFR 180.1020

Myclobutanil; 180.443 Barbara Madden 

Sec-18-Mailbox

@epamail.epa.gov

(703) 305–6463

Sulfentrazone; 

180.498

Andrew Ertman 

Sec-18-Mailbox

@epamail.epa.gov

(703) 308–9367

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)

∑ Animal production (NAICS 112)

∑ Food manufacturing (NAICS 311)

∑ Pesticide manufacturing (NAICS 

32532)

This listing is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

affected by this action. Other types of 

entities not listed in this unit could also 

be affected. The North American 

Industrial Classification System 

(NAICS) codes have been provided to 

assist you and others in determining 

whether this action might apply to 

certain entities. If you have any 

questions regarding the applicability of 

this action to a particular entity, consult 

the person listed under FOR FURTHER

INFORMATION CONTACT.

B. How Can I Access Electronic Copies 

of this Document 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 at E-CFR 

Beta Site Two at http://

www.gpoaccess.gov/ecfr/. 

II. Background and Statutory Findings

EPA published final rules in the 

Federal Register for each chemical/

commodity listed. The initial issuance 

of these final rules announced that EPA, 

on its own initiative, under section 408 

of the FFDCA, 21 U.S.C. 346a, as 

amended by the Food Quality Protection 

Act of 1996 (FQPA) (Public Law 104–

170) was establishing time-limited 

tolerances.

EPA established the tolerances 

because section 408(l)(6) of the FFDCA 

requires EPA to establish a time-limited 

tolerance or exemption from the 

requirement for a tolerance for pesticide 

chemical residues in food that will 

result from the use of a pesticide under 

an emergency exemption granted by 

EPA under FIFRA section 18 . Such 

tolerances can be established without 

providing notice or time for public 

comment.

EPA received requests to extend the 

use of these chemicals for this year’s 

growing season. After having reviewed 

these submissions, EPA concurs that 

emergency conditions exist. EPA 

assessed the potential risks presented by 

residues for each chemical/commodity. 

In doing so, EPA considered the safety 

standard in section 408(b)(2) of the 

Federal Register / Vol. 69, No. 237 / Friday, December 10, 2004 / Rules and Regulations 71715

FFDCA, and decided that the necessary 

tolerance under section 408(l)(6) of the 

FFDCA would be consistent with the 

safety standard and with FIFRA section 

18.

The data and other relevant material 

have been evaluated and discussed in 

the final rule originally published to 

support these uses. Based on that data 

and information considered, the Agency 

reaffirms that extension of these timelimited tolerances will continue to meet 

the requirements of section 408(l)(6) of 

the FFDCA. Therefore, the time-limited 

tolerances are extended until the date 

listed. EPA will publish a document in 

the Federal Register to remove the 

revoked tolerances from the Code of 

Federal Regulations (CFR). Although 

these tolerances will expire and are 

revoked on the date listed, under 

section 408(l)(5) of the FFDCA, residues 

of the pesticide not in excess of the 

amounts specified in the tolerance 

remaining in or on the commodity after 

that date will not be unlawful, provided 

the residue is present as a result of an 

application or use of a pesticide at a 

time and in a manner that was lawful 

under FIFRA, the tolerance was in place 

at the time of the application, and the 

residue does not exceed the level that 

was authorized by the tolerance. EPA 

will take action to revoke these 

tolerances earlier if any experience 

with, scientific data on, or other 

relevant information on this pesticide 

indicate that the residues are not safe.

Tolerances for the use of the following 

pesticide chemicals on specific 

commodities are being extended:

Azoxystrobin. EPA has authorized 

under FIFRA section 18 the use of 

azoxystrobin on safflower for control of 

alternaria leaf spots caused by 

Alternaria carthami and A. alternata in 

Montana and North Dakota. This 

regulation extends a time-limited 

tolerance for combined residues of the 

fungicide azoxystrobin and the Z isomer 

of azoxystrobin in or on safflower at 1.0 

ppm for an additional 3–year period. 

This tolerance will expire and is 

revoked on June 30, 2008. A timelimited tolerance was originally 

published in the Federal Register of 

August 28, 2002 (67 FR 55132) (FRL–

7195–9).

Cypermethrin and an Isomer Zetacypermethrin. EPA has authorized 

under FIFRA section 18 the use of zetacypermethrin on flax for control of 

grasshoppers in North Dakota. This 

regulation extends a time-limited 

tolerance for combined residues of the 

insecticide zeta-cypermethrin and its 

inactive R-isomers in or on flax (seed 

and meal) at 0.2 ppm for an additional 

3–year period. This tolerance will 

expire and is revoked on June 30, 2008. 

A time-limited tolerance was originally 

published in the Federal Register of 

September 4, 2002 (67 FR 56490) (FRL–

7197–7).

Desmedipham. EPA has authorized 

under FIFRA section 18 the use of 

desmedipham on garden beets for 

control of various weed pests in New 

York. This regulation extends a timelimited tolerance for residues of the 

herbicide desmedipham in or on red 

beet roots at 0.2 ppm and red beet tops 

at 15 ppm for an additional 3–year 

period. These tolerances will expire and 

are revoked on June 30, 2008. Timelimited tolerances were originally 

published in the Federal Register of 

August 29, 1997 (62 FR 45741) (FRL–

5738–5).

Diuron. EPA has authorized under 

FIFRA section 18 the use of diuron in 

catfish ponds for control of blue green 

algae in Alabama, Arkansas, Mississippi 

and Texas. This regulation extends a 

time-limited tolerance for combined 

residues of the herbicide, diuron (3-

(3,4dichlorophenyl)-1,1-dimethylurea) 

and its metabolites convertible to 3,4 

-dichloroaniline in or on catfish fillets at 

2.0 ppm for an additional 3–year period. 

This tolerance will expire and is 

revoked on June 30, 2008. A timelimited tolerance was originally 

published in the Federal Register of 

July 30, 1999 (64 FR 41297) (FRL–6087 

–2).

Myclobutanil. EPA has authorized 

under FIFRA section 18 the use of 

myclobutanil on sugar beets for control 

of powdery mildew in Idaho and 

Oregon. This regulation extends a timelimited tolerance for combined residues 

of the fungicide myclobutanil alphabutyl-alpha-(4-chlorophenyl)-1H-1,2,4-

triazole-1-propanenitrile and its alcohol 

metabolite (alpha-(3-hydroxybutyl)-

alpha-(4-chlorophenyl)-1H-1,2,4-

triazole-1-propanenitrile (free and 

bound) in or on sugar beet tops at 1.0 

ppm for an additional 3–year period. 

This tolerance will expire and is 

revoked on December 31, 2007. A timelimited tolerance was originally 

published in the Federal Register of 

January 2, 2001 (66 FR 298 (FRL–6757–

9).

Propiconazole. EPA has authorized 

under FIFRA section 18 the use of 

propiconazole on grain sorghum for 

control of sorghum ergot in Kansas, New 

Mexico and Texas. This regulation 

extends a time-limited tolerance for 

combined residues of the fungicide 

propiconazole, 1-[[2-(2,4-

dichlorophenyl)-4-propyl-1,3-dioxolan2-yl] methyl]-1H-1,2,4-triazole and its 

metabolites determined as 2,4-

dichlorobenzoic acid and expressed as 

parent compound in or on grain 

sorghum, grain at 0.2 ppm; grain 

sorghum, stover at 1.5 ppm; and 

sorghum aspirated grain fractions at 20 

ppm for an additional 3-year period. 

These tolerances will expire and are 

revoked on June 30, 2008. Time-limited 

tolerances were originally published in 

the Federal Register of August 13, 1997 

(62 FR 43284) (FRL– 5735–2).

EPA has received objections to 

tolerances it established for 

propiconazole on different food 

commodities. The objections were filed 

by the Natural Resources Defense 

Council (NRDC) and raised several 

issues regarding aggregate exposure 

estimates and the additional safety 

factor for the protection of infants and 

children. Although these objections 

concern separate rulemaking 

proceedings under the FFDCA, EPA has 

considered whether it is appropriate to 

extend the emergency exemption 

tolerances for propiconazole while the 

objections are still pending.

Factors taken into account by EPA 

included how close the Agency is to 

concluding the proceedings on the 

objections, the nature of the current 

action, whether NRDC’s objections 

raised frivolous issues, and extent to 

which the issues raised by NRDC had 

already been considered by EPA. 

Although NRDC’s objections are not 

frivolous, the other factors all support 

extending these tolerances at this time. 

First, the objections proceeding is 

unlikely to conclude prior to when 

action is necessary on this petition. 

NRDC’s objections raise complex legal, 

scientific, policy, and factual matters 

and EPA initiated a 60 day public 

comment period on them in the Federal 

Register on June 19, 2002 (67 FR 41628) 

(FRL–7167–7). That comment period 

was extended until October 16, 2002 

[September 17, 2002 (67 FR 58536) 

(FRL–7275–3)], and EPA is now 

examining the extensive comments 

received. Second, the nature of the 

current actions are extremely timesensitive as they address emergency 

situations. Third, the issues raised by 

NRDC are not new matters but questions 

that have been the subject of 

considerable study by EPA and 

comment by stakeholders. Accordingly, 

EPA is proceeding with extending the 

tolerances for propiconazole.

Sodium chlorate. The states of 

Arkansas and Missouri availed 

themselves of the authority to declare 

the existence of crisis situations, thereby 

authorizing use under FIFRA section 18 

of sodium chlorate on wheat as a 

defoliant or desiccant to aid in the 

harvest of wheat. This regulation 

extends a time-limited exemption from 

71716 Federal Register / Vol. 69, No. 237 / Friday, December 10, 2004 / Rules and Regulations 

the requirement of a tolerance for 

residues of the defoliant/desiccant 

sodium chlorate in or on wheat for an 

additional 2–year period. This 

exemption from the requirement of a 

tolerance will expire and is revoked on 

December 31, 2006. A time-limited 

exemption from the requirement of a 

tolerance was originally published in 

the Federal Register of December 3, 

1997 (62 FR 63858) (FRL–5754–1). 

Sulfentrazone. EPA has authorized 

under FIFRA section 18 the use of 

sulfentrazone on lima beans and 

cowpeas for control of hophornbeam 

copperleaf in Tennessee. This regulation 

extends a time-limited tolerance for 

combined residues of the herbicide 

sulfentrazone and the metabolites 3-

hydroxymethyl sulfentrazone and 3-

desmethyl sulfentrazone in or on 

succulent bean seed without pod at 0.1 

ppm for an additional 3–year period. 

This tolerance will expire and is 

revoked on December 31, 2007. A timelimited tolerance was originally 

published in the Federal Register of 

September 21, 1999 (64 FR 51060) 

(FRL–6097–8). 

III. Objections and Hearing Requests 

Under section 408(g) of the FFDCA, as 

amended by the FQPA, any person may 

file an objection to any aspect of this 

regulation and may also request a 

hearing on those objections. The EPA 

procedural regulations which govern the 

submission of objections and requests 

for hearings appear in 40 CFR part 178. 

Although the procedures in those 

regulations require some modification to 

reflect the amendments made to the 

FFDCA by the FQPA, EPA will continue 

to use those procedures, with 

appropriate adjustments, until the 

necessary modifications can be made. 

The new section 408(g) of the 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 the FFDCA, as was 

provided in the old sections 408 and 

409 of the 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 

OPP–2004–0392 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 January 10, 2005. 

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 issues(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 14th 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 (202) 564–6255.

2. Tolerance fee payment. If you file 

an objection or request a hearing, you 

must also pay the fee prescribed by 40 

CFR 180.33(i) or request a waiver of that 

fee pursuant to 40 CFR 180.33(m). You 

must mail the fee to: EPA Headquarters 

Accounting Operations Branch, Office 

of Pesticide Programs, P.O. Box 

360277M, Pittsburgh, PA 15251. Please 

identify the fee submission by labeling 

it ‘‘Tolerance Petition Fees.’’

EPA is authorized to waive any fee 

requirement ‘‘when in the judgement of 

the Administrator such a waiver or 

refund is equitable and not contrary to 

the purpose of this subsection.’’ For 

additional information regarding the 

waiver of these fees, you may contact 

James Tompkins by phone at (703) 305–

5697, by e-mail at 

tompkins.jim@epa.gov, or by mailing a 

request for information to Mr. Tompkins 

at Registration Division (7505C), Office 

of Pesticide Programs, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460–

0001.

If you would like to request a waiver 

of the tolerance objection fees, you must 

mail your request for such a waiver to: 

James Hollins, Information Resources 

and Services Division (7502C), Office of 

Pesticide Programs, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460–

0001.

3. Copies for the Docket. In addition 

to filing an objection or hearing request 

with the Hearing Clerk as described in 

Unit III.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 

OPP–2004–0392, to: Public Information 

and Records Integrity Branch, 

Information Resources and Services 

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. You may also send an 

electronic copy of your request via email to: opp-docket@epa.gov. 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 file format 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 

issues(s) in the manner sought by the 

requestor would be adequate to justify 

the action requested (40 CFR 178.32).

IV. Statutory and Executive Order 

Reviews

This final rule establishes timelimited tolerances under section 408 of 

the FFDCA. The Office of Management 

and Budget (OMB) has exempted these 

types of actions from review under 

Executive Order 12866, entitled 

Regulatory Planning and Review (58 FR 

51735, October 4, 1993). Because this 

rule has been exempted from review 

under Executive Order 12866 due to its 

lack of significance, this rule is not 

subject to Executive Order 13211, 

Federal Register / Vol. 69, No. 237 / Friday, December 10, 2004 / Rules and Regulations 71717

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 under section 408(l)(6) of 

the FFDCA in response to an exemption 

under FIFRA section 18, such as the 

tolerances in this final rule, do not 

require the issuance of a proposed rule, 

the requirements of the Regulatory 

Flexibility Act (RFA) (5 U.S.C. 601 et 

seq.) do not apply. In addition, the 

Agency has determined that this action 

will not have a substantial direct effect 

on States, on the relationship between 

the national government and the States, 

or on the distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132, entitled 

Federalism (64 FR 43255, August 10, 

1999). Executive Order 13132 requires 

EPA to develop an accountable process 

to ensure ‘‘meaningful and timely input 

by State and local officials in the 

development of regulatory policies that 

have federalism implications.’’ ‘‘Policies 

that have federalism implications’’ is 

defined in the Executive order to 

include regulations that have 

‘‘substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government.’’ This final rule 

directly regulates growers, food 

processors, food handlers and food 

retailers, not States. This action does not 

alter the relationships or distribution of 

power and responsibilities established 

by Congress in the preemption 

provisions of section 408(n)(4) of the 

FFDCA. For these same reasons, the 

Agency has determined that this rule 

does not have any ‘‘tribal implications’’

as described in Executive Order 13175, 

entitled Consultation and Coordination 

with Indian Tribal Governments (65 FR 

67249, November 6, 2000). Executive 

Order 13175, requires EPA to develop 

an accountable process to ensure 

‘‘meaningful and timely input by tribal 

officials in the development of 

regulatory policies that have tribal 

implications.’’ ‘‘Policies that have tribal 

implications’’ is defined in the 

Executive order to include regulations 

that have ‘‘substantial direct effects on 

one or more Indian tribes, on the 

relationship between the Federal 

Government and the Indian tribes, or on 

the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes.’’ This 

rule will not have substantial direct 

effects on tribal governments, on the 

relationship between the Federal 

Government and Indian tribes, or on the 

distribution of power and 

responsibilities between the Federal 

Government and Indian tribes, as 

specified in Executive Order 13175. 

Thus, Executive Order 13175 does not 

apply to this rule. 

V. Congressional Review Act

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this rule and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of this final 

rule in the Federal Register. This final 

rule is not a ‘‘major rule’’ as defined by 

5 U.S.C. 804(2).

Dated: November 30, 2004. 

Lois Rossi, 

Director, Registration Division, Office of 

Pesticide Programs.

List of Subjects in 40 CFR Part 180

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements.

■ Therefore, 40 CFR chapter I is 

amended as follows:

PART 180—[AMENDED]

■ 1. The authority citation for part 180 

continues to read as follows:

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

§ 180.106 [Amended]

■ 2. In § 180.106, in the table to 

paragraph (b), amend the entry for 

‘‘catfish fillets’’ by revising the 

expiration date ‘‘6/30/05’’ to read ‘‘6/30/

08.’’

§ 180.353 [Amended]

■ 3. In § 180.353, in the table to 

paragraph (b), amend the entry for ‘‘red 

beet roots’’ and ‘‘red beet tops’’ by 

revising the expiration ‘‘6/30/05’’ to read 

‘‘6/30/08.’’

§ 180.418 [Amended]

■ 4. In § 180.418, in the table to 

paragraph (b), amend the entries for 

‘‘flax, meal’’ and ‘‘flax, seed’’ by revising 

the expiration date ‘‘6/30/2005’’ to read 

‘‘6/30/2008.’’

§ 180.434 [Amended]

■ 5. In § 180.434, in the table to 

paragraph (b), amend the entries for 

‘‘grain, aspirated fractions;’’ ‘‘sorghum, 

grain, grain;’’ and ‘‘sorghum, grain, 

stover’’ by revising the expiration date 

‘‘6/30/05’’; to read ‘‘6/30/08.’’

§ 180.443 [Amended]

■ 6. In § 180.443, in the table to 

paragraph (b), amend the entry for ‘‘beet, 

sugar, tops’’ by revising the expiration 

date ‘‘12/31/04’’ to read ‘‘12/31/07’’.

§ 180.498 [Amended]

■ 7. In § 180.498, in the table to 

paragraph (b), amend the entry for ‘‘bean, 

succulent seed without pod (lima beans, 

cowpeas)’’ by revising the expiration 

date ‘‘12/31/04’’ to read ‘‘12/31/07.’’

§ 180.507 [Amended]

■ 8. In § 180.507. in the table to 

paragraph (b), amend the entry for 

‘‘safflower, seed’’ by revising the 

expiration date ‘‘6/30/05’’ to read ‘‘6/30/

08.’’

§ 180.1020 [Amended]

■ 9. In subpart D, in § 180.1020, in the 

table to paragraph (b), amend the entry 

for ‘‘wheat’’ by revising the expiration 

date ‘‘12/31/04’’ to read ‘‘12/31/06.’’

[FR Doc. 04–27031 Filed 12–9–04; 8:45 am] 

BILLING CODE 6560–50–S