6314 Federal Register / Vol. 75, No. 26 / Tuesday, February 9, 2010 / Rules and Regulations 

* * * * * 

[FR Doc. 2010–2706 Filed 2–8–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2009–0601; FRL–8812–3] 

Inert Ingredients; Extension of 

Effective Date of Revocation of Certain 

Tolerance Exemptions with Insufficient 

Data for Reassessment 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: This document moves the 

effective date of the revocation of six 

inert ingredient tolerance exemptions as 

set forth in the Federal Register on 

October 9, 2009 (74 FR 52148). 

DATES: In the final rule published 

August 9, 2006 (71 FR 45415), and 

delayed on August 4, 2008 (73 FR 

45312), August 7, 2009 (74 FR 39543), 

and October 9, 2009 (74 FR 52148): 

1. The effective date is delayed from 

February 9, 2010, to May 9, 2010, for the 

following amendments to §180.910: 

2.m., n., and cc. 

2. The effective date is delayed from 

February 9, 2010, to May 9, 2010, for the 

following amendments to §180.930: 4.t., 

u., and v. 

Objections and requests for hearings 

must be received on or before April 12, 

2010, and must be filed in accordance 

with the instructions provided in 40 

CFR part 178 (see also Unit I.C. of the 

SUPPLEMENTARY INFORMATION). 

ADDRESSES: EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ– 

OPP–2009–0601. All documents in the 

docket are listed in the docket index 

available at http://www.regulations.gov. 

Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

(CBI) or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available in the electronic docket at 

http://www.regulations.gov, or, if only 

available in hard copy, at the OPP 

Regulatory Public Docket in Rm. S– 

4400, One Potomac Yard (South Bldg.), 

2777 S. Crystal Dr., Arlington, VA. The 

Docket Facility is open from 8:30 a.m. 

to 4 p.m., Monday through Friday, 

excluding legal holidays. The Docket 

Facility telephone number is (703) 305– 

5805. 

FOR FURTHER INFORMATION CONTACT: 

Kerry Leifer, Registration Division 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

(703) 308–8811; e-mail address: 

leifer.kerry@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this Action Apply to Me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. Potentially 

affected entities may include, but are 

not limited to those engaged in the 

following activities: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

This listing is not intended to be 

exhaustive, but rather to provide a guide 

for readers regarding entities likely to be 

affected by this action. Other types of 

entities not listed in this unit could also 

be affected. The North American 

Industrial Classification System 

(NAICS) codes have been provided to 

assist you and others in determining 

whether this action might apply to 

certain entities. If you have any 

questions regarding the applicability of 

this action to a particular entity, consult 

the person listed under FOR FURTHER

INFORMATION CONTACT. 

B. How Can I Access Electronic Copies 

of this Document? 

In addition to accessing electronically 

available documents at http:// 

www.regulations.gov, you may access 

this Federal Register document 

electronically through the EPA Internet 

under the ‘‘Federal Register’’ listings at 

http://www.epa.gov/fedrgstr. You may 

also access a frequently updated 

electronic version of EPA’s tolerance 

regulations at 40 CFR part 180 through 

the Government Printing Office’s e-CFR 

cite at http://www.gpoaccess.gov/ecfr. 

C. Can I File an Objection or Hearing 

Request? 

Under section 408(g) of FFDCA, 21 

U.S.C. 346a, any person may file an 

objection to any aspect of this regulation 

and may also request a hearing on those 

objections. You must file your objection 

or request a hearing on this regulation 

in accordance with the instructions 

provided in 40 CFR part 178. To ensure 

proper receipt by EPA, you must 

identify docket ID number EPA–HQ– 

OPP–2009–0601 in the subject line on 

the first page of your submission. All 

requests must be in writing, and must be 

mailed or delivered to the Hearing Clerk 

as required by 40 CFR part 178 on or 

before April 12, 2010. 

In addition to filing an objection or 

hearing request with the Hearing Clerk 

as described in 40 CFR part 178, please 

submit a copy of the filing that does not 

contain any CBI for inclusion in the 

public docket that is described in 

ADDRESSES. Information not marked 

confidential pursuant to 40 CFR part 2 

may be disclosed publicly by EPA 

without prior notice. Submit this copy, 

identified by docket ID number EPA– 

HQ–OPP–2009–0601, by one of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• Mail: Office of Pesticide Programs 

(OPP) Regulatory Public Docket (7502P), 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001. 

• Delivery: OPP Regulatory Public 

Docket (7502P), Environmental 

Protection Agency, Rm. S–4400, One 

Potomac Yard (South Bldg.), 2777 S. 

Crystal Dr., Arlington, VA. Deliveries 

are only accepted during the Docket 

Facility’s normal hours of operation 

(8:30 a.m. to 4 p.m., Monday through 

Friday, excluding legal holidays). 

Special arrangements should be made 

for deliveries of boxed information. The 

Docket Facility telephone number is 

(703) 305–5805. 

II. Background and Statutory Findings 

A. Background 

In a final rule published in the 

Federal Register on August 9, 2006 (71 

FR 45415)(FRL–8084–1), EPA revoked 

inert ingredient tolerance exemptions 

because insufficient data were available 

to the Agency to make the safety 

determination required by Federal Food, 

Drug, and Cosmetic Act (FFDCA) 

section 408(c)(2). In reassessing the 

safety of the tolerance exemptions, EPA 

considered the validity, completeness, 

and reliability of the data that are 

available to the Agency [FFDCA section 

408 (b)(2)(D)] and the available 

information concerning the special 

susceptibility of infants and children 

(including developmental effects from 

in utero exposure) [FFDCA section 

408(b)(2)(C)]. EPA concluded it has 

insufficient data to make the safety 

finding of FFDCA section 408(c)(2) and 

revoked the inert ingredient tolerance 


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Federal Register / Vol. 75, No. 26 / Tuesday, February 9, 2010 / Rules and Regulations 6315 

exemptions identified in the final rule 

under 40 CFR 180.910, 180.920, 

180.930, and 180.940, with the 

revocations effective on August 9, 2008. 

In a direct final rule published in the 

Federal Register on August 4, 2008 (73 

FR 45312)(FRL–8372–7), EPA moved 

the effective date of the revocation of 

certain inert ingredient tolerance 

exemptions from August 9, 2008, until 

August 9, 2009. This determination was 

made based on requests for an extension 

of the revocation date from pesticide 

registrants and inert ingredient 

manufacturers who had demonstrated 

their intent to support certain inert 

ingredient tolerance exemptions and 

who had provided data development 

plans and schedules for data submission 

to the Agency. In a subsequent direct 

final rule published in the Federal 

Register on August 7, 2009 (74 FR 

39543)(FRL–8431–8), EPA moved the 

effective date of the revocation of six 

inert ingredient tolerance exemptions 

from August 9, 2009, until October 9, 

2009. This action was based on the fact 

that EPA had received petitions for the 

establishment of tolerance exemptions 

which included the submission of data 

for these inert ingredients. Notices of 

filing of these petitions (PP 8E7466 and 

PP 8E7478) were published in the 

Federal Register on March 25, 2009 (74 

FR 12856)(FRL–8399–4). The August 7, 

2009, direct final rule was published to 

allow for the completion of the Agency’s 

risk assessments needed to evaluate the 

petitions and to complete the safety 

determinations for the six tolerance 

exemptions. The October 9, 2009 (74 FR 

52148)(FRL–8794–1), direct final rule 

was published to move the effective 

date of the revocation of six inert 

ingredient tolerance exemptions from 

October 9, 2009 to February 9, 2010 to 

allow for the review and evaluation of 

significant additional toxicity, 

metabolism and environmental fate data 

submitted by the petitioners in further 

support of pesticide tolerance petitions 

8E7466 and 8E7478. 

B. Moving the Effective Date of the 

Revocation for Six Tolerance 

Exemptions 

Following the publication of the 

October 9, 2009, final rule delaying the 

effective date for the six revoked 

tolerance exemptions, EPA did its own 

search of the public literature and found 

new information that the Agency 

determined would have significant 

bearing on its safety evaluation under 

FFDCA section 408(c)(2) of the petitions 

(8E7466 and 8E7478) which are 

proposing that these exemptions be 

reestablished. EPA, therefore, concludes 

that additional time is necessary to 

complete the safety determinations for 

these six tolerance exemptions in order 

to allow time to review and evaluate 

this new information and that the 

effective date of the revocation of these 

tolerance exemptions should be moved 

by three months to May 9, 2010. 

C. What is the Agency’s Authority for 

Taking this Action? 

A ‘‘tolerance’’ represents the 

maximum level for residues of pesticide 

chemicals legally allowed in or on raw 

agricultural commodities and processed 

foods. Section 408 of FFDCA, 21 U.S.C. 

346a, as amended by FQPA, Public Law 

104–170, authorizes the establishment 

of tolerances, exemptions from tolerance 

requirements, modifications in 

tolerances, and revocation of tolerances 

for residues of pesticide chemicals in or 

on raw agricultural commodities and 

processed foods. Without a tolerance or 

exemption, food containing pesticide 

residues is considered to be unsafe and 

therefore ‘‘adulterated’’ under FFDCA 

section 402(a), 21 U.S.C. 342(a). Such 

food may not be distributed in interstate 

commerce (21 U.S.C. 331(a)). For a fooduse pesticide to be sold and distributed, 

the pesticide must not only have 

appropriate tolerances under FFDCA, 

but also must be registered under the 

Federal Insecticide, Fungicide, and 

Rodenticide Act (FIFRA)(7 U.S.C. 136 et 

seq.). Food-use pesticides not registered 

in the United States must have 

tolerances in order for commodities 

treated with those pesticides to be 

imported into the United States. Under 

FFDCA section 408(e)(1)(B), 21 U.S.C. 

346a(e)(1)(B), EPA may take action 

establishing, modifying, suspending, or 

revoking a tolerance exemption. 

III. Delayed Effective Date for Certain 

Tolerance Exemptions 

The amendatory designations listed in 

this unit are reprinted from the final 

rule published in the Federal Register 

issue of October 9, 2009 (74 FR 52148) 

for the convenience of the user. The 

structure mirrors the amendatory 

designations in the original document. 

The amendatory designations shown are 

those with the effective date delayed 

until May 9, 2010. 

Section 180.910 

m. a-(p-Nonylphenyl)-whydroxypoly(oxyethylene) mixture of 

dihydrogen phosphate and 

monohydrogen phosphate esters and the 

corresponding ammonium, calcium, 

magnesium, monoethanolamine, 

potassium, sodium, and zinc salts of the 

phosphate esters; the nonyl group is a 

propylene trimer isomer and the poly 

(oxyethylene) content averages 4–14 

moles or 30 moles. 

n. a-(p-Nonylphenyl)-whydroxypoly(oxyethylene)sulfate, 

ammonium, calcium, magnesium, 

potassium, sodium, and zinc salts; the 

nonyl group is a propylene trimer 

isomer and the poly(oxyethylene) 

content averages 4 moles. 

cc. a-[p-(1,1,3,3- 

Tetramethylbutyl)phenyl]-whydroxypoly(oxyethylene) produced by 

the condensation of 1 mole of p-(1,1,3,3- 

tetramethylbutyl)phenol with a range of 

1–14 or 30–70 moles of ethylene oxide: 

if a blend of products is used, the 

average range number of moles of 

ethylene oxide reacted to produce any 

product that is a component of the 

blend shall be in the range of 1–14 or 

30–70. 

Section 180.930 

t. a-(p-Nonylphenyl)-whydroxypoly(oxyethylene) mixture of 

dihydrogen phosphate and 

monohydrogen phosphate esters and the 

corresponding ammonium, calcium, 

magnesium, monoethanolamine, 

potassium, sodium, and zinc salts of the 

phosphate esters; the nonyl group is a 

propylene trimer isomer and the 

poly(oxyethylene) content averages 4– 

14 moles. 

u. a-(p-Nonylphenyl)-whydroxypoly(oxyethylene)sulfate, and 

its ammonium, calcium, magnesium, 

potassium, sodium, and zinc salts; the 

nonyl group is a propylene trimer 

isomer and the poly(oxyethylene) 

content averages 4 moles. 

v. a-(p-Nonylphenyl)-whydroxypoly(oxyethylene)sulfate, and 

its ammonium, calcium, magnesium, 

monoethanolamine, potassium, sodium, 

and zinc salts; the nonyl group is a 

propylene trimer isomer and the 

poly(oxyethylene) content averages 4– 

14 or 30–90 moles of ethylene oxide. 

IV. Statutory and Executive Order 

Reviews 

This final rule establishes tolerances 

under section 408(d) of FFDCA in 

response to petitions 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 final rule 

has been exempted from review under 

Executive Order 12866, this final rule is 

not subject to Executive Order 13211, 

entitled Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use (66 FR 28355, May 

22, 2001) or Executive Order 13045, 

entitled Protection of Children from 


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6316 Federal Register / Vol. 75, No. 26 / Tuesday, February 9, 2010 / Rules and Regulations 

Environmental Health Risks and Safety 

Risks (62 FR 19885, April 23, 1997). 

This final rule does not contain any 

information collections subject to OMB 

approval under the Paperwork 

Reduction Act (PRA), 44 U.S.C. 3501 et 

seq., nor does it require any special 

considerations under Executive Order 

12898, entitled Federal Actions to 

Address Environmental Justice in 

Minority Populations and Low-Income 

Populations (59 FR 7629, February 16, 

1994). 

Since tolerances and exemptions that 

are established on the basis of a petition 

under section 408(d) of FFDCA, such as 

the tolerance in this final rule, do not 

require the issuance of a proposed rule, 

the requirements of the Regulatory 

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

seq.) do not apply. 

This final rule directly regulates 

growers, food processors, food handlers, 

and food retailers, not States or tribes, 

nor does this action alter the 

relationships or distribution of power 

and responsibilities established by 

Congress in the preemption provisions 

of section 408(n)(4) of FFDCA. As such, 

the Agency has determined that this 

action will not have a substantial direct 

effect on States or tribal governments, 

on the relationship between the national 

government and the States or tribal 

governments, or on the distribution of 

power and responsibilities among the 

various levels of government or between 

the Federal Government and Indian 

tribes. Thus, the Agency has determined 

that Executive Order 13132, entitled 

Federalism (64 FR 43255, August 10, 

1999) and Executive Order 13175, 

entitled Consultation and Coordination 

with Indian Tribal Governments (65 FR 

67249, November 9, 2000) do not apply 

to this final rule. In addition, this final 

rule does not impose any enforceable 

duty or contain any unfunded mandate 

as described under Title II of the 

Unfunded Mandates Reform Act of 1995 

(UMRA) (Public Law 104–4). 

This action does not involve any 

technical standards that would require 

Agency consideration of voluntary 

consensus standards pursuant to section 

12(d) of the National Technology 

Transfer and Advancement Act of 1995 

(NTTAA), Public Law 104–113, section 

12(d) (15 U.S.C. 272 note). 

V. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report to each House of 

the Congress and to the Comptroller 

General of the United States. EPA will 

submit a report containing this rule and 

other required information to the U.S. 

Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of this final rule in the 

Federal Register. This final rule is not 

a ‘‘major rule’’ as defined by 5 U.S.C. 

804(2). 

List of Subjects in 40 CFR Part 180 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: February 2, 2010. 

Lois Rossi, 

Director, Registration Division, Office of 

Pesticide Programs. 

■ 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. 

§180.910 [AMENDED] 

■ 2. In the final rule published August 

9, 2006 (71 FR 45415), and delayed on 

August 4, 2008 (73 FR 45312), August 

7, 2009 (74 FR 39543) and October 9, 

2009 (74 FR 52148) the effective date is 

delayed from February 9, 2010, to May 

9, 2010, for the following amendments 

to §180.910: 2.m., n., and cc. 

§180.930 [AMENDED] 

■ 3. In the final rule published August 

9, 2006 (71 FR 45415), and delayed on 

August 4, 2008 (73 FR 45312), August 

7, 2009 (74 FR 39543) and October 9, 

2009 (74 FR 52148) the effective date is 

delayed from February 9, 2010, to May 

9, 2010, for the following amendments 

to §180.930: 4.t., u., and v. 

[FR Doc. 2010–2801 Filed 2–8–10; 8:45 am] 

BILLING CODE 6560–50–S 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 2 

[WT Docket No. 08–166, 08–167; ET Docket 

No. 10–24; FCC 10–16] 

Revisions to Rules Authorizing the 

Operation of Low Power Auxiliary 

Stations in the 698–806 MHz Band; 

Public Interest Spectrum Coalition, 

Petition for Rulemaking Regarding 

Low Power Auxiliary Stations, 

Including Wireless Microphones, and 

the Digital Television Transition 

AGENCY: Federal Communications 

Commission. 

ACTION: Correcting amendments. 

SUMMARY: On January 15, 2010, the 

Commission released a Report and 

Order in the matter of ‘‘Revisions to 

Rules Authorizing the Operation of Low 

Power Auxiliary Stations in the 698–806 

MHz Band; Public Interest Spectrum 

Coalition, Petition for Rulemaking 

Regarding Low Power Auxiliary 

Stations, including Wireless 

Microphones, and the Digital Television 

Transition.’’ This document contains 

corrections to the final regulations that 

appeared in the Federal Register of 

January 22, 2010 (75 FR 3622). 

DATES: February 9, 2010. 

FOR FURTHER INFORMATION CONTACT: Paul 

D’Ari, Wireless Telecommunications 

Bureau, (202) 418–1550, e-mail 

Paul.Dari@fcc.gov, or Hugh Van Tuyl, 

Office of Engineering and Technology, 

(202) 418–7506, e-mail 

Hugh.VanTuyl@fcc.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The Federal Communications 

Commission published a document 

amending part 2 in the Federal Register 

of January 22, 2010 (75 FR 3622). The 

Commission makes the following 

correction to § 2.106 of the rules. 

Need for Correction 

As published, the final regulations 

contain an error, which requires 

immediate correction. 

List of Subjects in 47 CFR Part 2 

Communications equipment. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

■ Accordingly, 47 CFR part 2 is 

corrected by making the following 

correcting amendments: 

PART 2—FREQUENCY ALLOCATIONS 

AND RADIO TREATY MATTERS; 

GENERAL RULES AND REGULATIONS 

■ 1. The authority citation for part 2 

continues to read as follows: 

Authority: 47 U.S.C. 154, 302a, 303, and 

336, unless otherwise noted. 

■ 2. Section 2.106, Table of Frequency 

Allocations, is amended by revising 

page 27 and footnote NG 159 to read as 

follows: 

§ 2.106 Table of Frequency Allocations. 

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