Federal Register / Vol. 75, No. 178 / Wednesday, September 15, 2010 / Rules and Regulations 56013 

been cancelled. In a letter dated 

September 30, 2009, Wellmark 

International submitted a request to 

voluntarily cancel its pet collar 

registrations pursuant to section 6(f) of 

FIFRA. (74 FR 54045, October 21, 2009). 

These are the only carbaryl pet collar 

registrations and the last remaining pet 

product registration for carbaryl. EPA 

issued its final order cancelling carbaryl 

registrations for pet collar uses on 

December 16, 2009. (74 FR 66642). 

E. Conclusion on Objections and 

Request for a Hearing 

For the reasons stated above, all of the 

NRDC’s objections as well as its request 

for a hearing are denied. 

IX. Regulatory Assessment 

Requirements 

As indicated previously, this action 

announces the Agency’s final order 

regarding objections filed under section 

408 of FFDCA. As such, this action is an 

adjudication and not a rule. The 

regulatory assessment requirements 

imposed on rulemaking do not, 

therefore, apply to this action. 

X. Submission to Congress and the 

Comptroller General 

The Congressional Review Act, (5 

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

Small Business Regulatory Enforcement 

Fairness Act of 1996, does not apply 

because this action is not a rule for 

purposes of 5 U.S.C. 804(3). 

XI. References 

1. Natural Resources Defense Council, 

‘‘Objections to the Order Denying NRDC’s 

Petition to Revoke All Tolerances for 

Carbaryl, and Request for Public Evidentiary 

Hearing’’ (December 29, 2008). 

2. Natural Resources Defense Council, 

Petition to Revoke All Carbaryl Tolerances 

and Cancel All Carbaryl Registrations, 

(January 10, 2005). 

3. Natural Resources Defense Council, 

Petition to Cancel Carbaryl and Propoxur for 

Pet Collar Uses, (November 26, 2007). 

4. US EPA, Carbaryl; Order Denying 

NRDC’s Petition to Revoke Tolerances, 73 FR 

64229, October 29, 2008. 

5. US EPA, ‘‘A User’s Guide to Available 

EPA Information on Assessing Exposure to 

Pesticides in Food’’ (June 21, 2000). 

6. FIFRA Science Advisory Panel. 2002. 

Methods Used to Conduct a Preliminary 

Cumulative Risk Assessment for 

Organophosphate Pesticides. Final Report 

from the FIFRA Scientific Advisory Panel 

Meeting of February 5–7, 2002 (Report dated 

March 19, 2002). FIFRA Scientific Advisory 

Panel, Office of Science Coordination and 

Policy, Office of Prevention, Pesticides and 

Toxic Substances, U.S. Environmental 

Protection Agency. Washington, DC. SAP 

Report 2002–01. 

7. FIFRA Science Advisory Panel. 2005a. 

Final report on N-Methyl Carbamate 

Cumulative Risk Assessment: Pilot 

Cumulative Analysis. Final Report from the 

FIFRA Scientific Advisory Panel Meeting of 

February 2005 (Report dated September 2, 

1998). Available at: http://www.epa.gov/ 

scipoly/sap/2005/february/minutes.pdf. 

8. FIFRA Science Advisory Panel. 2005b. 

Final report on Preliminary N-Methyl 

Carbamate Cumulative Risk Assessment. 

Final Report from the FIFRA Scientific 

Advisory Panel Meeting of July 29–30, 2005 

(Report dated September -, 2005). Available 

at: http://www.epa.gov/scipoly/sap/2005/ 

august/minutes.pdf. 

9. Office of Pesticide Programs, US EPA, 

‘‘Office of Pesticide Programs’ Policy on the 

Determination of the Appropriate FQPA 

Safety Factor(s) For Use in the Tolerance 

Setting Process’’ (February 28, 2002). 

10. US EPA Office of Pesticide Programs, 

‘‘The Use of Data on Cholinesterase Inhibition 

for Risk Assessments of Organophosphorous 

and Carbamate Pesticides’’ (August 18, 2000). 

11. US EPA Office of Pesticide Programs. 

March 9, 2005 letter to Peg Cherney, Bayer 

Crop Science, Final Cancellation Order for 

Carbaryl Liquid Broadcast Application to 

Lawns/Turf; EPA Registration Numbers 264– 

324, 264–325, and 264–328. 

12. US EPA Office of Pesticide Programs. 

2007. Office of Prevention, Pesticides and 

Toxic Substances, EPA, Reregistration 

Eligibility Decision for Carbaryl (September 

24, 2007). 

13. US EPA Office of Pesticide Programs. 

2002. Hazard Identification Assessment 

Review Committee (HIARC) report (March 5, 

2002). 

14. US EPA Office of Pesticide Programs. 

2002. FQPA SF Committee report (April 3, 

2002). 

15. US EPA Office of Pesticide Programs. 

2002. HIARC report (May 9, 2002). 

16. Moser, G. (2007) Report of 

Cholinesterase Comparative Sensitivity 

Study of Carbaryl. Unpublished study 

prepared by US EPA, ORD, NHEERL. (MRID 

47143001). 

17. US EPA Office of Pesticide Programs. 

2007. Carbaryl: Updated Endpoint Selection 

for Single Chemical Risk Assessment (June 

29, 2007). 

18. US EPA Office of Pesticide Programs. 

2007b. Carbaryl. HED Chapter of the 

Reregistration Eligibility Decision Document 

(RED). EPA–HQ–OPP–2007–0941–0003. PC 

Code: 056801, DP Barcode: D334770. (June 

28, 2007). 

19. Johnson, C.D. and Russell, R.L. (1975) 

A rapid, simple radiometric assay for 

cholinesterase, suitable for multiple 

determinations. Analytical Biochemistry. 

64:229–238. 

20. US EPA Office of Pesticide Programs. 

1998. Hazard Identification Assessment 

Review Committee (HIARC) report (July 7, 

1998). 

21. US EPA Office of Pesticide Programs. 

1998. FQPA SF Committee report (August 27, 

1998). 

22. US EPA Office of Pesticide Programs. 

1999. HIARC report (April 27, 1999). 

23. US EPA Office of Pesticide Programs. 

1999. HIARC report (November 15, 1999). 

24. US EPA Office of Pesticide Programs. 

1999. FQPA SF Committee report (December 

13, 1999). 

25. US EPA Office of Pesticide Programs. 

2001. HIARC report (April 5, 2001). 

26. US EPA Office of Pesticide Programs. 

2001. FQPA SF Committee report (April 30, 

2001). 

List of Subjects in 40 CFR Part 180 

Environmental protection, Carbaryl, 

Pesticides and pests. 

Dated: September 8, 2010. 

Steven Bradbury, 

Director, Office of Pesticide Programs 

[FR Doc. 2010–22987 Filed 9–14–10; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2010–0756; FRL–8844–7] 

Technical Amendments to Pesticide 

Regulations 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is issuing this technical 

amendment to change references in 

several sections of 40 CFR part 180. 

These changes are necessary because of 

a final rule which was issued in the 

Federal Register of June 8, 2005. That 

final rule made miscellaneous changes 

to 40 CFR part 180 to update generic 

provisions of EPA’s procedural 

regulations relating to pesticide 

chemicals. The update was made 

necessary because of various changes 

made by the Food Quality Protection 

Act of 1996. 

DATES: This final rule is effective 

September 15, 2010. 

ADDRESSES: EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ– 

OPP–2010–0756. 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. 

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56014 Federal Register / Vol. 75, No. 178 / Wednesday, September 15, 2010 / Rules and Regulations 

to 4 p.m., Monday through Friday, 

excluding legal holidays. The Docket 

Facility telephone number is (703) 305– 

5805. 

FOR FURTHER INFORMATION CONTACT: 

Kathryn Boyle, Field and External 

Affairs Division, Office of Pesticide 

Programs, Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460–0001; telephone 

number: (703) 305–6304; fax number: 

(703) 305–5884; e-mail address: 

boyle.kathryn@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. 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. 

II. Background 

A. What Action is the Agency Taking? 

EPA is issuing this technical 

amendment to change references in 

several sections of 40 CFR part 180. 

These changes are necessary because of 

a final rule which was issued in the 

Federal Register of June 8, 2005 (70 FR 

33354) (FRL–7706–9). That final rule 

made miscellaneous changes to 40 CFR 

part 180 to update generic provisions of 

EPA’s procedural regulations relating to 

pesticide chemicals. The update was 

made necessary because of various 

changes made by the Food Quality 

Protection Act of 1996. 

Several amendments were made to 

§ 180.1. One of the amendments 

removed § 180.1(d) while another 

amendment redesignated § 180.1(e) 

through § 180.1(p) as new § 180.1(d) 

through § 180.1(o). There are numerous 

references throughout 40 CFR part 180, 

subpart C to the definition of the term 

‘‘regional registration.’’ Before the 

redesignation, the definition for 

‘‘regional registration’’ was codified in 

§ 180.1(n); however, with the 

redesignation the definition was moved 

to § 180.1(m). At that time there were no 

conforming amendments to make the 

necessary adjustments to the references 

found in other sections in 40 CFR part 

180, subpart c. Therefore, most of the 

references to the definition of ‘‘regional 

registration’’ still indicate that the term 

is codified in § 180.1(n) rather than 

indicating that the term is now codified 

in § 180.1(m). This technical 

amendment merely corrects the 

reference to the definition of the term 

‘‘regional registration.’’ 

Additionally, § 180.40(b) references 

§ 180.1(h) for a listing of commodities 

for which established tolerances may be 

applied to certain other related and 

similar commodities. With the 

redesignation that occurred, the listing 

is now in § 180.1(g). This technical 

amendment also corrects § 180.40(b). 

B. What is the Agency’s Authority for 

Taking this Action? 

This technical amendment is being 

issued under authority of 21 U.S.C. 

321(q), 346a and 371. 

III. Statutory and Executive Order 

Reviews 

These technical amendments merely 

change references in the EPA 

regulations governing pesticide 

tolerances. The amendments are 

procedural in nature and do not have 

any impact on regulated parties or the 

public. A complete statutory and 

Executive Order review was provided in 

the procedural regulation that was 

printed on June 8, 2005 (70 FR 33354) 

(FRL–7706–9). 

IV. 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 pest. 

Dated: September 7, 2010. 

William R. Diamond, 

Acting 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. 

Part 180 [Amended] 

■ 2. In part 180 make the changes that 

appear in the following table: 

In Section and 

paragraph 

Revise the 

Reference To Read 

§ 180.40(b) § 180.1(h) § 180.1(g) 

§ 180.106(c) 

introductory 

text § 180.1(n) § 180.1(m) 

§ 180.123(c) 

introductory 

text § 180.1(n) § 180.1(m) 

§ 180.145(c) 

introductory 

text § 180.1(n) § 180.1(m) 

180.205(c) introductory 

text § 180.1(n) § 180.1(m) 

180.222(c) introductory 

text § 180.1(n) § 180.1(m) 

180.253(c) introductory 

text § 180.1(n) § 180.1(m) 

180.254(c) introductory 

text § 180.1(n) § 180.1(m) 

180.259(c) introductory 

text § 180.1(n) § 180.1(m) 

180.261(c) introductory 

text § 180.1(n) § 180.1(m) 

180.275(c) introductory 

text § 180.1(n) § 180.1(m) 

180.284(c) introductory 

text § 180.1(n) § 180.1(m) 

180.294(c) introductory 

text § 180.1(n) § 180.1(m) 

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Federal Register / Vol. 75, No. 178 / Wednesday, September 15, 2010 / Rules and Regulations 56015 

In Section and 

paragraph 

Revise the 

Reference To Read 

180.298(c) introductory 

text § 180.1(n) § 180.1(m) 

180.300(c) § 180.1(n) § 180.1(m) 

180.304(c) introductory 

text § 180.1(n) § 180.1(m) 

180.315(b) introductory 

text § 180.1(n) § 180.1(m) 

180.349(c) introductory 

text § 180.1(n) § 180.1(m) 

180.355(c) introductory 

text § 180.1(n) § 180.1(m) 

180.396(c) introductory 

text § 180.1(n) § 180.1(m) 

180.399(c) introductory 

text § 180.1(n) § 180.1(m) 

180.401(b) introductory 

text § 180.1(n) § 180.1(m) 

180.408(c) introductory 

text § 180.1(n) § 180.1(m) 

180.415(c) introductory 

text § 180.1(n) § 180.1(m) 

180.432(c) introductory 

text § 180.1(n) § 180.1(m) 

180.441(c) introductory 

text § 180.1(n) § 180.1(m) 

180.447(c) introductory 

text § 180.1(n) § 180.1(m) 

180.448(c) introductory 

text 40 CFR 

180.1(n) 

§ 180.1(m) 

180.451(c) introductory 

text § 180.1(n) § 180.1(m) 

180.494(c) introductory 

text § 180.1(n) § 180.1(m) 

180.503(c) introductory 

text § 180.1(n) § 180.1(m) 

In Section and 

paragraph 

Revise the 

Reference To Read 

180.573(c) introductory 

text § 180.1(n) § 180.1(m) 

180.587(c) introductory 

text Sec. 

180.1(n) 

§ 180.1(m) 

[FR Doc. 2010–22855 Filed 9–14–09; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–R03–SFUND–2010–0436; FRL–9177– 

8] 

National Oil and Hazardous 

Substances Pollution Contingency 

Plan; National Priorities List: Partial 

Deletion of the Letterkenny Army 

Depot Southeastern (SE) Area and 

Letterkenny Army Depot Property 

Disposal Office (PDO) Area Superfund 

Sites 

Correction 

In rule document 2010–17776 

beginning on page 43082 in the issue of 

Friday, July 23, 2010 make the following 

correction: 

Appendix B to Part 300 [Corrected] 

On page 43088, in Appendix B to Part 

300, in Table 2, in the entry in the fifth 

row, in the second column of the table, 

‘‘Letterkenny Army Depot (SE Area)’’ 

should read ‘‘Letterkenny Army Depot 

(PDO Area)’’. 

[FR Doc. C1–2010–17776 Filed 9–14–10; 8:45 am] 

BILLING CODE 1505–01–D 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Part 411 

Exclusions from Medicare and 

Limitations on Medicare Payment 

CFR Correction 

In Title 42 of the Code of Federal 

Regulations, Parts 400 to 413, revised as 

of October 1, 2009, on page 475, in 

§ 411.357, paragraph (a)(5)(ii) is revised 

and the second paragraph (a)(6) is 

removed. 

The revised text is set forth to read as 

follows; 

§ 411.357 Exceptions to the referral 

prohibition related to compensation 

arrangements. 

* * * * * 

(a) * * * 

(5) * * * 

(ii) Using a formula based on— 

(A) A percentage of the revenue 

raised, earned, billed, collected, or 

otherwise attributable to the services 

performed or business generated in the 

office space; or 

(B) Per-unit of service rental charges, 

to the extent that such charges reflect 

services provided to patients referred by 

the lessor to the lessee. 

* * * * * 

[FR Doc. 2010–23179 Filed 9–14–10; 8:45 am] 

BILLING CODE 1505–01–D 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

46 CFR Part 8 

Vessel Inspection Alternatives 

CFR Correction 

In Title 46 of the Code of Federal 

Regulations, Parts 1 to 40, revised as of 

October 1, 2009, on page 88, in § 8.420, 

paragraph (c) is revised to read as 

follows: 

§ 8.420 Classification society authorization 

to participate in the Alternate Compliance 

Program. 

* * * * * 

(c) A recognized classification society: 

(1) Will be eligible to receive 

authorization to participate in the ACP 

only after the Coast Guard has delegated 

to it the authority to issue the following 

certificates: 

(i) International Load Line Certificate; 

(ii) International Tonnage Certificate; 

(iii) Cargo Ship Safety Construction 

Certificate; 

(iv) Cargo Ship Safety Equipment 

Certificate; and 

(v) International Oil Pollution 

Prevention Certificate; and 

(2) Must have performed a delegated 

function related to general vessel safety 

assessment, as defined in § 8.100 of this 

part, for a two-year period. 

* * * * * 

[FR Doc. 2010–23172 Filed 9–14–10; 8:45 am] 

BILLING CODE 1505–01–D 

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