Federal Register / Vol. 74, No. 169 / Wednesday, September 2, 2009 / Rules and Regulations 45335 

V. Conclusion 

Therefore, tolerances are established 

for residues of the insecticide 

methoxyfenozide per se; benzoic acid, 

3-methoxy-2-methyl-, 2-(3,5- 

dimethylbenzoyl)-2-(1,1-dimethylethyl) 

hydrazide in or on fruit, citrus, group 10 

at 10 ppm and citrus oil at 100 ppm 

with regional registrations; and pea, dry 

seed at 2.5 ppm; pomegranate at 0.6 

ppm; corn, pop, grain at 0.05 ppm; and 

corn, pop, stover at 125 ppm. 

VI. Statutory and Executive Order 

Reviews 

This final rule establishes tolerances 

under section 408(d) of FFDCA in 

response to a petition submitted to the 

Agency. The Office of Management and 

Budget (OMB) has exempted these types 

of actions from review under Executive 

Order 12866, entitled Regulatory 

Planning and Review (58 FR 51735, 

October 4, 1993). Because this 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 

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). 

VII. Congressional Review Act 

The Congressional Review Act, 5 

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

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report to each House of 

the Congress and to the Comptroller 

General of the United States. EPA will 

submit a report containing this rule and 

other required information to the U.S. 

Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of this final rule in the 

Federal Register. This final rule is not 

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

804(2). 

List of Subjects in 40 CFR Part 180 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: August 25, 2009. 

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. 

■ 2. Section 180.544 is amended by 

alphabetically adding the following 

commodities to the table in paragraph 

(a)(1) and by revising paragraph (c) to 

read as follows: 

§ 180.544 Methoxyfenozide; tolerances for 

residues. 

(a) * * * 

(1) * * * 

Commodity Parts per million 

*****

Corn, pop, grain .............. 0.05 

Corn, pop, stover ............ 125 

*****

Pea, dry seed ................. 2.5 

*****

Pomegranate .................. 0.6 

*****

* * * * * 

(c) Tolerances with regional 

registrations. Tolerances are established 

for residues of the insecticide 

methoxyfenozide, including its 

metabolites and degradates. Compliance 

with the tolerance levels specified in 

this paragraph is to be determined by 

measuring only methoxyfenozide, 

benzoic acid, 3-methoxy-2-methyl-, 2- 

(3,5-dimethylbenzoyl)-2-(1,1- 

dimethylethyl) hydrazide. 

Commodity Parts per million 

Citrus, Oil .............. 100 

Fruit, citrus, group 

10 ...................... 10 

* * * * * 

[FR Doc. E9–21190 Filed 9–1–09; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–2009–0175; FRL–8951–5] 

National Oil and Hazardous Substance 

Pollution Contingency Plan National 

Priorities List 

AGENCY: Environmental Protection 

Agency. 

ACTION: Notice of Deletion of the 

Montclair/West Orange and Glen Ridge 

Radium Superfund Sites from the 

National Priorities List. 

SUMMARY: The Environmental Protection 

Agency (EPA)—Region 2 announces the 

deletion of the Montclair/West Orange 

and Glen Ridge Radium Superfund Sites 

located in Montclair, West Orange, Glen 

Ridge, Bloomfield and East Orange, New 

Jersey from the National Priorities List 

(NPL). The NPL, promulgated pursuant 

to Section 105 of the Comprehensive 

Environmental Response, Compensation 

and Liability Act (CERCLA) of 1980, as 

amended, is an appendix of the National 

Oil and Hazardous Substances Pollution 


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45336 Federal Register / Vol. 74, No. 169 / Wednesday, September 2, 2009 / Rules and Regulations 

Contingency Plan (NCP). EPA and the 

State of New Jersey, through the 

Department of Environmental 

Protection, have determined that all 

appropriate response actions under 

CERCLA have been completed. 

However, this deletion does not 

preclude future actions under 

Superfund. 

DATES: Effective Date: This action is 

effective October 2, 2009. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–SFUND–2009–0175 All 

documents in the docket are listed in 

the http://www.regulations.gov index. 

Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

or other information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in the 

hard copy. Publicly available docket 

materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy at 

the site information repositories. 

Locations, contacts, phone numbers and 

viewing hours are: 

U.S. Environmental Protection 

Agency—Region 2, Superfund 

Records Center, 290 Broadway, 18th 

Floor, New York, NY 10007–1866, 

Phone: 212–637–4308, Hours: 

Monday to Friday 9 a.m. to 5 p.m. 

Montclair Public Library Reference 

Department, 50 South Fullerton 

Avenue, Montclair, New Jersey 07042, 

Phone 973–744–0500, Hours: Monday 

to Thursday 10 a.m. to 9 p.m.; Friday 

& Saturday 10 a.m. to 5 p.m.; and 

Sunday 1 p.m. to 5 p.m. 

The Township of West Orange Health 

Department, 66 Main Street, Room 

203, West Orange, New Jersey 07052, 

Phone 973–325–4120, Hours: Monday 

to Friday 8:30 a.m. to 4:30 p.m. 

Glen Ridge Public Library Reference 

Department, 240 Ridgewood Avenue, 

Glen Ridge, New Jersey 07028, Phone 

973–748–5482, Hours: Monday 9 a.m. 

to 8 p.m.; Tuesday 9 a.m. to 5 p.m.; 

Wednesday 9 a.m. to 8 p.m.; and 

Thursday, Friday, Saturday 9 a.m. to 

5 p.m. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Betsy Donovan, Remedial Project 

Manager, by mail: Emergency and 

Remedial Response Division, U.S. 

Environmental Protection Agency— 

Region 2, 290 Broadway, 19th Floor, 

New York, NY 10007–1866; (or) 

telephone (212) 637–4369; (or) fax (212) 

637–4439; (or) e-mail 

donovan.betsy@epa.gov. 

SUPPLEMENTARY INFORMATION: The sites 

to be deleted from the NPL are the 

Montclair/West Orange and Glen Ridge 

Radium Superfund Sites located in 

Montclair, West Orange, Glen Ridge, 

Bloomfield and East Orange, New 

Jersey. A Notice of Intent to Delete these 

sites was published in the Federal 

Register on April 29, 2009. The closing 

date for comments on the Notice of 

Intent to Delete was May 29, 2009. No 

public comments were received and 

therefore EPA has no information which 

leads it to believe that the deletion 

action is inappropriate. 

EPA maintains the NPL as the list of 

sites that appear to present a significant 

risk to public health, welfare, or the 

environment. Deletion from the NPL 

does not preclude further remedial 

action. Whenever there is a significant 

release from a site deleted from the NPL, 

the deleted site may be restored to the 

NPL without application of the hazard 

ranking system. Deletion of a site from 

the NPL does not affect responsible 

party liability, in the unlikely event that 

future conditions warrant further 

actions. 

List of Subjects in 40 CFR Part 300 

Environmental protection, Air 

pollution control, Chemicals, Hazardous 

waste, Hazardous substances, 

Intergovernmental relations, Penalties, 

Reporting and recordkeeping 

requirements, Superfund, Water 

pollution control, Water supply. 

Dated: August 4, 2009. 

George Pavlou, 

Acting Regional Administrator, Region 2. 

■ For reasons set out in the preamble, 40 

CFR part 300 is amended as follows: 

PART 300—[AMENDED] 

■ 1. The authority citation for part 300 

continues to read as follows: 

Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 

9601–9657; E.O. 12777, 56 FR 54757, 3 CFR, 

1991 Comp., p. 351; E.O. 12580, 52 FR 2923; 

3 CFR, 1987 Comp., p. 193. 

Appendix B—[Amended] 

■ 2. Table 1 of Appendix B to part 300 

is amended by removing the sites under 

New Jersey for ‘‘Glen Ridge Radium 

Site, Glen Ridge’’, and ‘‘Montclair/West 

Orange Radium Site, Montclair/W 

Orange.’’ 

[FR Doc. E9–21193 Filed 9–1–09; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

49 CFR Part 234 

[Docket No. FRA–2009–0032; Notice No. 1] 

RIN 2130–AC05 

State Highway-Rail Grade Crossing 

Action Plans 

AGENCY: Federal Railroad 

Administration (FRA), Department of 

Transportation (DOT). 

ACTION: Direct final rule. 

SUMMARY: This direct final rule complies 

with a statutory mandate that the 

Secretary of Transportation (Secretary) 

issue a rule to require the ten States 

with the most highway-rail grade 

crossing collisions, on average, over the 

past three years, to develop State 

highway-rail grade crossing action 

plans. This rule is not intended for 

general application; instead, it only 

applies to the ten identified States with 

the most highway-rail grade crossing 

collisions. This rule addresses the 

contents of the highway-rail grade 

crossing action plans and certain time 

periods for plan implementation and 

coverage. Interested parties may submit 

written comments or may request an 

oral hearing on this rulemaking during 

the thirty (30) day period following 

publication of this rule. 

DATES: Effective Date: Unless FRA 

receives a written adverse comment or 

a request for an oral hearing on this 

direct final rule within the specified 

comment period, the effective date will 

be November 2, 2009. 

Written Comments: Comments or a 

request for an oral hearing must be 

received by October 2, 2009. 

ADDRESSES: Comments: Comments 

related to Docket Number FRA–2009– 

0032, may be submitted by any of the 

following methods: 

• Fax: 1–202–493–2251. 

• Mail: Docket Management Facility, 

U.S. Department of Transportation, 1200 

New Jersey Ave., SE., W12–140, 

Washington, DC 20590. 

• Hand Delivery: Room W12–140 on 

the Ground level of the West Building, 

1200 New Jersey Ave., SE., Washington, 

DC between 9 a.m. and 5 p.m. Monday 

through Friday, except Federal 

Holidays. 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

online instructions for submitting 

comments. 

Instructions: All submissions must 

include the agency name and docket 

number or Regulatory Identification 


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