Federal Register / Vol. 74, No. 71 / Wednesday, April 15, 2009 / Rules and Regulations 17405 

State, local, or Tribal governments or 

the private sector. In addition, this rule 

does not significantly or uniquely affect 

small governments. This rule does not 

create new binding legal requirements 

and does not substantially and directly 

affect Indian Tribes under Executive 

Order 13175 (63 FR 67249, November 9, 

2000). EPA interprets Executive Order 

13045 (62 FR 19885, April 23, 1997) as 

applying only to those regulatory 

actions that concern health or safety 

risks, such that the analysis required 

under section 5–501 of the Executive 

Order has the potential to influence the 

regulation. This action is not subject to 

Executive Order 13045 because it does 

not establish an environmental standard 

intended to mitigate health or safety 

risks. This rule will not have federalism 

implications, as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999). Executive Order 12898 (59 FR 

7629 (February 16, 1994)) establishes 

federal executive policy on 

environmental justice. EPA has 

determined that this rule will not have 

disproportionately high and adverse 

human health or environmental effects 

on minority or low-income populations 

because it is a grant rule that does not 

affect the level of protection provided to 

human health or the environment. This 

rule is not a ‘‘significant energy action’’ 

as defined in Executive Order 13211, 

‘‘Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355 (May 

22, 2001)) because it is not likely to 

have a significant adverse effect on the 

supply, distribution, or use of energy. 

Further, we have concluded that this 

rule is not likely to have any adverse 

energy effects. This rule does not 

involve technical standards; thus, the 

requirements of Section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply. This rule does 

not impose an additional information 

collection burden under the provisions 

of the Paperwork Reduction Act of 1995 

(44 U.S.C. 3501 et seq.). The 

Congressional Review Act, 5 U.S.C. 801 

et seq., generally provides that before 

certain actions may take effect, the 

agency promulgating the action must 

submit a report, which includes a copy 

of the action, 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 the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). This rule 

will be effective on April 15, 2009. 

List of Subjects in 40 CFR Part 35 

Environmental protection, 

Administrative practices and 

procedures, Reporting and 

recordkeeping requirements, Water 

pollution control. 

Dated: April 9, 2009. 

Michael H. Shapiro, 

Acting Assistant Administrator, Office of 

Water. 

■ EPA amends 40 CFR part 35 as 

follows: 

PART 35–[AMENDED] 

■ 1. The authority for citation for part 

35, subpart A continues to read as 

follows: 

Authority: 42 U.S.C. 7401 et seq.; 33 

U.S.C. 1251 et seq.; 42 U.S.C. 300f et seq.; 42 

U.S.C. 6901 et seq.; 7 U.S.C. 136 et seq.; 15 

U.S.C. 2601 et seq.; 42 U.S.C. 13101 et seq.; 

Public Law 104–134, 110 Stat. 1321, 1321– 

299 (1966); Public Law 105–65, 111 Stat. 

1344, 1373 (1997). 

§ 35.162 [Amended] 

■ 2. Section 35.162 is amended by 

removing paragraph (e). 

[FR Doc. E9–8644 Filed 4–14–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2007–1170; FRL–8410–1] 

Modification of Pesticide Tolerance 

Revocation for Diazinon 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This final rule resolves an 

objection filed by the California Grape 

and Tree Fruit League in response to a 

final rule on diazinon tolerances 

published on September 10, 2008 (73 FR 

52607) by granting the objection and 

modifying the revocation of the 

diazinon tolerance on grapes to expire 

on September 10, 2010. 

DATES: This final rule is effective April 

15, 2009. 

ADDRESSES: EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ– 

OPP–2007–1170. 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: Jane 

Smith, Special Review and 

Reregistration Division (7508P), Office 

of Pesticide Programs, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460– 

0001; telephone number: (703) 308– 

0048; fax number: (703) 308–8005; email address: smith.jane-scott@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: 

• 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 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? 

In addition to accessing electronically 

available documents at http:// 

www.regulations.gov, you may access 

this Federal Register document 


rwilkins on PROD1PC63 with RULES
17406 Federal Register / Vol. 74, No. 71 / Wednesday, April 15, 2009 / Rules and Regulations 

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 40 CFR part 180 

through the Government Printing 

Office’s pilot e-CFR site at http:// 

www.gpoaccess.gov/ecfr. 

II. Prior Diazinon Tolerance 

Rulemaking 

On May 21, 2008 (73 FR 29456) (FRL– 

8362–1), EPA proposed the revocation 

of the tolerance for residues of diazinon, 

O, O-diethyl O-[6-methyl-2-(1- 

methylethyl)-4- 

pyrimidinyl]phosphorothioate; (CAS 

Reg. No. 333–41–5), in or on the food 

commodity grape at 0.75 parts per 

million (ppm) in 40 CFR 180.153(a) 

because the use on grapes had been 

canceled. The proposal neither 

discussed nor took into account the fact 

that an existing stocks provision in the 

cancellations allowed continued use of 

existing diazinon stocks until December 

2008. No comments were received in 

response to the proposal expressing 

objections to the revocation of the 

diazinon tolerance on grapes. EPA 

published a final rulemaking on 

September 10, 2008 (73 FR 52607) 

(FRL–8379–3) revoking the diazinon 

tolerance on grapes. 

III. The California Grape and Tree 

Fruit League Objection 

On November 10, 2008, the California 

Grape and Tree Fruit League filed an 

objection to the tolerance rulemaking 

pursuant to 21 U.S.C. 346a(g)(2)(A), 

objecting to the revocation of the 

diazinon tolerance on grapes. The basis 

of the California Grape and Tree Fruit 

League objection is that although the 

use on grapes has been canceled the 

tolerance is ‘‘still necessary to allow for 

the orderly exhaustion of existing 

stocks.’’ The California Grape and Tree 

Fruit League argued that a tolerance is 

therefore required for grapes treated 

with existing stocks of diazinon to allow 

the legally treated commodity to clear 

the channels of trade and preventing 

seizure of the treated grapes by the Food 

and Drug Administration. 

IV. Order on Objection 

Despite the fact that the California 

Grape and Tree Fruit League did not 

comment on this issue with respect to 

the proposed rule, because the proposal 

erroneously failed to take into account 

the existing stock provision, EPA in its 

discretion has considered the objection 

and found it to be sound. Accordingly, 

EPA, by this rule and order, and 

pursuant to section 408(g)(2)(C) of the 

Federal Food, Drug, and Cosmetic Act 

(FFDCA), is amending the diazinon 

tolerance in 40 CFR 180.153(a) to add a 

tolerance for grape at at 0.75 ppm. The 

tolerance will remain in effect until 

September 10, 2010. The Agency 

anticipates this should allow a 

reasonable period of time for the 

depletion of existing diazinon stocks 

and the clearance of diazinon treated 

grapes from the channels of trade. 

V. Conclusion 

Therefore, pursuant to section 

408(g)(2)(C) of FFDCA, a tolerance for 

the residues of diazinon, O, O-diethyl 

O-[6-methyl-2-(1-methylethyl)-4- 

pyrimidinyl]phosphorothioate; (CAS 

Reg. No. 333–41–5), in or on the food 

commodity grapes is added at 0.75 ppm 

until September 10, 2010. 

VI. Statutory and Executive Order 

Reviews 

EPA included the required statutory 

discussion in the September 10, 2008 

final rule (72 FR 52610). 

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 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 the rule in the Federal 

Register. This 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: April 2, 2009. 

Debra Edwards, 

Director, 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. In § 180.153, is amended by 

alphabetically adding the commodity to 

the table in paragraph (a) to read as 

follows: 

§ 180.153 Diazinon; tolerances for 

residues. 

(a) General. * * * 

Commodity Parts per million 

*****

Grape2 ............................ 0.75 

*****

* * * * * 

[FR Doc. E9–8117 Filed 4–14–09; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 228 

[EPA–R10–OW–2008–0745; FRL–8791–2] 

Ocean Dumping; Designation of Ocean 

Dredged Material Disposal Site 

Offshore of the Rogue River, OR 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: On October 14, 2008, EPA 

published a proposed rule at 73 FR 

60662 to designate an ocean dredged 

material disposal site located offshore of 

the Rogue River, Oregon, and 

simultaneously withdrew an earlier 

proposal. EPA observed a typographical 

error in the proposed rule as published. 

In proposed rule, FR Doc. EPA–R10– 

OW–2008–0745, on page 60670 in the 

issue of October 14, 2008, in the first 

column, the very first coordinate was 

published as 42°24′5.40′′ N, but should 

have been published as 42°24′15.40′′ N. 

The coordinate was published correctly 

on page 60664 in the first column as 

42°24′15.40′′ N. EPA received no 

comments on the proposed rule. EPA 

did receive one letter, dated November 

12, 2008, from the Department of the 

Interior (DOI) stating that DOI had no 

comments. This action finalizes the 

designation of the Rogue River ocean 

dredged material disposal site, with the 

correct coordinates, pursuant to the 

Marine Protection, Research, and 

Sanctuaries Act, as amended (MPRSA), 

33 U.S.C. 1401 to 1445. The new site is 

needed primarily to serve as a long-term 

location for the disposal of material 

dredged from the Rogue River 

navigation channel. The new site will 

also serve to provide a location for the 

disposal of dredged material for persons 

who have received a permit for such 

disposal. The newly designated site will 

be subject to ongoing monitoring and 

management as specified in this rule 

and in the Site Management and 

Monitoring Plan, which is also finalized 

as part of this action. The monitoring 

and management requirements will help 

to ensure continued protection of the 

marine environment. 


rwilkins on PROD1PC63 with RULES