8490 Federal Register / Vol. 74, No. 36 / Wednesday, February 25, 2009 / Rules and Regulations 

Insured amount 

not over Fee Insured amount not over Fee 

100 .................................................................................... 3.40 

200 .................................................................................... 4.40 

300 .................................................................................... 5.40 

400 .................................................................................... 6.40 

500 .................................................................................... 7.40 $5,000 max ....................................................................... $52.40 

* * * * * 

[Revise the following Extra Services 

fees in the Individual Country Listings:] 

Registered Mail (330) Fee: $11.50 

Restricted Delivery (350) Fee: $4.50 

Return Receipt (340) Fee: $2.30 

* * * * * 

Neva R. Watson, 

Attorney, Legislative. 

[FR Doc. E9–3962 Filed 2–24–09; 8:45 am] 

BILLING CODE 7710–12–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2008–0262; FRL–8398–8] 

Spiromesifen; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes a 

tolerance for combined residues of 

spiromesifen in or on tomato, paste. 

Bayer CropScience requested these 

tolerances under the Federal Food, 

Drug, and Cosmetic Act (FFDCA). 

DATES: This regulation is effective 

February 25, 2009. Objections and 

requests for hearings must be received 

on or before April 27, 2009, 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–2008–0262. 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: 

Jennifer Gaines, Registration Division 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number 

(703) 305–5967; e-mail address: 

gaines.jennifer@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–2008–0262 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 27, 2009. 

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–2008–0262, 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 


rwilkins on PROD1PC63 with RULES
Federal Register / Vol. 74, No. 36 / Wednesday, February 25, 2009 / Rules and Regulations 8491 

Docket Facility telephone number is 

(703) 305–5805. 

II. Petition for Tolerance 

In the Federal Register of December 3, 

2008 (73 FR 73643) (FRL–8390–4), 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 8F7444) by Bayer 

CropScience, Box 12014, 2 T.W., 

Alexander Dr, Research, Triangle Park, 

NC 27709. The petition requested that 

40 CFR 180.607 be amended by 

increasing the tolerance for combined 

residues of the insecticide spiromesifen, 

2-oxo-3-(2,4,6-trimethylphenyl)-1- 

oxaspiro[4.4]non-3-en-4-yl 3,3- 

dimethylbutanoate, and its enol 

metabolite, 4-hydroxy-3-(2,4,6- 

trimethylphenyl)-1-oxaspiro[4.4]non-3- 

en-2-one, in or on tomato, paste to 0.80 

parts per million (ppm). That notice 

referenced a summary of the petition 

prepared by Bayer CropScience, the 

registrant, which is available to the 

public in the docket, http:// 

www.regulations.gov. There were no 

comments received in response to the 

notice of filing. 

This petition is related to Bayer 

CropScience’s application to amend its 

registration under the Federal 

Insecticide, Fungicide, and Rodenticide 

Act (FIFRA), for spiromesifen to 

decrease the preharvest interval (PHI) 

on tomato from 7 days to 1 day. Crop 

field residue data for that revised PHI 

indicated that the existing tolerance 

applicable to spiromesifen on tomato is 

adequate but the tolerance on tomato, 

paste, needed to be raised from 0.60 

ppm to 0.80 ppm. 

III. Aggregate Risk Assessment and 

Determination of Safety 

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....’’ 

Consistent with section 408(b)(2)(D) 

of FFDCA, and the factors specified in 

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 for the petitioned-for 

tolerances for combined residue of 

spiromesifen on tomato, paste at 0.80 

ppm. EPA’s assessment of exposures 

and risks associated with establishing 

tolerances follows. 

On September 10, 2008 the Agency 

published a Final Rule (73 FR 52603, 

FRL–8379–8) establishing tolerances for 

combined residues of spiromesifen in or 

on corn, field, at 5.0 ppm for forage and 

8.0 ppm for stover. When the Agency 

conducted the risk assessments in 

support of the September, 2008 

tolerance action, it also assessed the risk 

resulting from the increased residues in 

tomato, paste which would occur from 

the proposed decreased PHI for 

spiromesifen on tomato. Specifically, in 

that risk assessment, EPA assumed that 

spiromesifen would be present in 

tomato, paste at 0.80 ppm. EPA relies 

upon those risk assessments and the 

findings made in the Federal Register 

document in support of this action. 

Refer to the September 10, 2008 Federal 

Register document, available at http:// 

www.regulations.gov, for a detailed 

discussion of the aggregate risk 

assessments and determination of 

safety. 

Based on the risk assessments 

discussed in the final rule published in 

the Federal Register of September 10, 

2008 (73 FR 52603, FRL–8379–8), 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 

spiromesifen residues. 

IV. Other Considerations 

A. Analytical Enforcement Methodology 

Adequate enforcement methodology— 

high-performance liquid 

chromatography (HPLC)/triple stage 

quadruple mass spectrometry (MS/MS) 

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: (410) 305–2905; e-mail address: 

residuemethods@epa.gov. 

B. International Residue Limits 

There are no CODEX MRLs 

(maximum residue limits) established 

for spiromesifen on tomato, paste 

commodities. 

V. Conclusion 

Therefore, tolerances are established 

for combined residues of spiromesifen, 

2-oxo-3-(2,4,6-trimethylphenyl)-1- 

oxaspiro[4.4]non-3-en-4-yl 3,3- 

dimethylbutanoate, and its enol 

metabolite, 4-hydroxy-3-(2,4,6- 

trimethylphenyl)-1-oxaspiro[4.4]non-3- 

en-2-one, in or on tomato, paste at 0.80 

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, 


rwilkins on PROD1PC63 with RULES
8492 Federal Register / Vol. 74, No. 36 / Wednesday, February 25, 2009 / Rules and Regulations 

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: January 9, 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 180.607 is amended by 

revising the entry for the commodity 

‘‘tomato, paste’’ in the table in 

paragraph (a)(1) to read as follows: 

§ 180.607 Spiromesifen; tolerances for 

residues. 

(a) * * * 

(1) * * * 

Commodity Parts per million 

* * * * * 

Tomato, paste ................. 0.80 

* * * * * 

* * * * * 

[FR Doc. E9–4058 Filed 2–24–09; 8:45 am] 

BILLING CODE 6560–50–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 09100091344–9056–02] 

RIN 0648–XM99 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod by NonAmerican Fisheries Act Crab Vessels 

Catching Pacific Cod for Processing 

by the Inshore Component in the 

Western Regulatory Area of the Gulf of 

Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for the A season allowance of the 

2009 Pacific cod sideboard limits 

apportioned to non–American Fisheries 

Act (AFA) crab vessels catching Pacific 

cod for processing by the inshore 

component in the Western Regulatory 

Area of the Gulf of Alaska (GOA). This 

action is necessary to prevent exceeding 

the A season allowance of the 2009 

Pacific cod sideboard limits apportioned 

to non–AFA crab vessels catching 

Pacific cod for processing by the inshore 

component in the Western Regulatory 

Area of the GOA. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), February 22, 2009, until 

1200 hrs, A.l.t., September 1, 2009. 

FOR FURTHER INFORMATION CONTACT: Josh 

Keaton, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

GOA exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Gulf of 

Alaska (FMP) prepared by the North 

Pacific Fishery Management Council 

under authority of the Magnuson– 

Stevens Fishery Conservation and 

Management Act. Regulations governing 

fishing by U.S. vessels in accordance 

with the FMP appear at subpart H of 50 

CFR part 600 and 50 CFR part 679. 

Regulations governing sideboard 

protections for GOA groundfish 

fisheries appear at subpart B of 50 CFR 

part 680. 

The A season allowance of 2009 

Pacific cod sideboard limits apportioned 

to non–AFA crab vessels catching 

Pacific cod for processing by the inshore 

component in the Western Regulatory 

Area of the GOA is 788 metric tons (mt) 

for the GOA, as established by the final 

2009 and 2010 harvest specifications for 

groundfish of the GOA (74 FR 7333, 

February 17, 2009). 

In accordance with § 680.22(e)(2)(i), 

the Administrator, Alaska Region, 

NMFS (Regional Administrator), has 

determined that the A season allowance 

of the 2009 Pacific cod sideboard limits 

apportioned to non–AFA crab vessels 

catching Pacific cod for processing by 

the inshore component in the Western 

Regulatory Area of the GOA will soon 

be reached. Therefore, the Regional 

Administrator is establishing a 

sideboard directed fishing allowance for 

Pacific cod as 781 mt in the Gulf of 

Alaska. The remaining 7 mt in the Gulf 

of Alaska will be set aside as bycatch to 

support other anticipated groundfish 

fisheries. In accordance with 

§ 680.22(e)(3), the Regional 

Administrator finds that this sideboard 

directed fishing allowance has been 

reached. Consequently, NMFS is 

prohibiting directed fishing for Pacific 

cod by non–AFA crab vessels catching 

Pacific cod for processing by the inshore 

component in the Western Regulatory 

Area of the GOA. 

After the effective date of this closure 

the maximum retainable amounts at 

§ 679.20(e) and (f) apply at any time 

during a trip. 

Classification 

This action responds to the best 

available information recently obtained 

from the fishery. The Assistant 

Administrator for Fisheries, NOAA 

(AA), finds good cause to waive the 

requirement to provide prior notice and 

opportunity for public comment 

pursuant to the authority set forth at 5 

U.S.C. 553(b)(B) as such requirement is 

impracticable and contrary to the public 

interest. This requirement is 

impracticable and contrary to the public 

interest as it would prevent NMFS from 

responding to the most recent fisheries 

data in a timely fashion and would 

delay the sideboard directed fishing 

closure of Pacific cod apportioned to 


rwilkins on PROD1PC63 with RULES