Federal Register / Vol. 70, No. 179 / Friday, September 16, 2005 / Rules and Regulations 54639 

not contain any unfunded mandate or 

significantly or uniquely affect small 

governments, as described in the 

Unfunded Mandates Reform Act of 1995 

(Pub. L. 104–4). 

Executive Order 13175, entitled 

‘‘Consultation and Coordination With 

Indian Tribal Governments’’ (65 FR 

67249, November 6, 2000), requires EPA 

to develop an accountable process to 

ensure ‘‘meaningful and timely input by 

tribal officials in the development of 

regulatory policies that have tribal 

implications.’’ ‘‘Policies that have tribal 

implications’’ is defined in the 

Executive Order to include regulations 

that have ‘‘substantial direct effects on 

one or more Indian tribes, on the 

relationship between the Federal 

government and the Indian tribes, or on 

the distribution of power and 

responsibilities between the Federal 

government and Indian tribes.’’ Under 

section 5(b) of Executive Order 13175, 

EPA may not issue a regulation that has 

tribal implications, that imposes 

substantial direct compliance costs, and 

that is not required by statute, unless 

the Federal government provides the 

funds necessary to pay the direct 

compliance costs incurred by tribal 

governments, or EPA consults with 

tribal officials early in the process of 

developing the proposed regulation. 

Under section 5(c) of Executive Order 

13175, EPA may not issue a regulation 

that has tribal implications and that 

preempts tribal law, unless the Agency 

consults with tribal officials early in the 

process of developing the regulation. 

EPA has concluded that this rule may 

have tribal implications. EPA’s action 

fulfills a requirement to publish a notice 

announcing partial delegation of 

administrative authority to the Nez 

Perce Tribe and noting the partial 

delegation in the CFR. However, it will 

neither impose substantial direct 

compliance costs on tribal governments, 

nor preempt tribal law. Thus, the 

requirements of sections 5(b) and 5(c) of 

the Executive Order do not apply to this 

rule. 

This action also does not have 

Federalism implications because it does 

not have substantial direct effects on the 

states, on the relationship between the 

national government and the states, or 

on the distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999). This technical 

amendment merely notes that partial 

delegation of administrative authority to 

the Nez Perce Tribe is in effect. This 

rule also is not subject to Executive 

Order 13045, ‘‘Protection of Children 

From Environmental Health Risks and 

Safety Risks’’ (62 FR 19885, April 23, 

1997), because it is not economically 

significant. 

This action 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 

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., as added by the Small Business 

Regulatory Enforcement Fairness Act of 

1996, generally provides that before a 

rule may take effect, the agency 

promulgating the rule must submit a 

rule report, which includes a copy of 

the rule, 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). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by November 15, 

2005. Filing a petition for 

reconsideration by the Administrator of 

this final rule does not affect the finality 

of this rule for the purposes of judicial 

review nor does it extend the time 

within which a petition for judicial 

review may be filed, and shall not 

postpone the effectiveness of such rule 

or action. This action may not be 

challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 49 

Administrative practice and 

procedure, Air pollution control, 

Indians, Intergovernmental relations, 

Reporting and recordkeeping 

requirements. 

Dated: September 7, 2005. 

Julie M. Hagensen, 

Acting Regional Administrator, Region 10. 

■ Chapter I, title 40 of the Code of 

Federal Regulations is amended as 

follows: 

PART 49—[Amended] 

■ 1. The authority citation for part 49 

continues to read as follows: 

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

Subpart M—[Amended] 

■ 2. Section 49.10410 is amended by 

adding a note to the end of the section 

to read as follows: 

§ 49.10410 Federally-promulgated 

regulations and Federal implementation 

plans. 

* * * * * 

Note to § 49.10410: EPA entered into 

a Partial Delegation of Administrative 

Authority Agreement with the Nez 

Perce Tribe on June 27, 2005 for the 

rules listed in paragraphs (b), (i), (j), (k), 

(l) and (n) of this section. 

[FR Doc. 05–18425 Filed 9–15–05; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[R03–OAR–2005–DE–0001; FRL–7970–4] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Delaware; Withdrawal of Direct Final 

Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Withdrawal of direct final rule. 

SUMMARY: Due to adverse comments, 

EPA is withdrawing the direct final rule 

to approve Delaware’s State 

Implementation Plan (SIP) revision. The 

SIP revision pertains to the 

modifications to the ambient air quality 

standards for ozone and fine particulate 

matter. In the direct final rule published 

on July 18, 2005 (70 FR 41146), we 

stated that if we received adverse 

comments by August 17, 2005, the rule 

would be withdrawn and not take effect. 

EPA subsequently received adverse 

comments. EPA will address the 

comments received in a subsequent 

final action based upon the proposed 

action also published on July 18, 2005 

(70 FR 41166). EPA will not institute a 

second comment period on this action. 

DATES: The direct final rule is 

withdrawn as of September 16, 2005. 

FOR FURTHER INFORMATION CONTACT: Rose 

Quinto, (215) 814–2182, or by e-mail at 

quinto.rose@epa.gov. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Nitrogen dioxide, 

Ozone, Particulate matter, Reporting 

and recordkeeping requirements, 

Volatile organic compounds. 

54640 Federal Register / Vol. 70, No. 179 / Friday, September 16, 2005 / Rules and Regulations 

Dated: September 6, 2005. 

Donald S. Welsh, 

Regional Administrator, Region III. 

■ Accordingly, the added entry for 

Delaware’s Regulation 1, Section 2, and 

revised entries for Regulation 3, 

Sections 1, 6, and 11 in 40 CFR 

52.420(c) published at 70 FR 41147 are 

withdrawn as of September 16, 2005. 

[FR Doc. 05–18565 Filed 9–15–05; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[OPP–2003–0129; FRL–7719–9] 

Fluoxastrobin; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

tolerances for combined residues of 

fluoxastrobin, (1E)-[2-[[6-(2- 

chlorophenoxy)-5-fluoro-4- 

pyrimydinyl]oxy]phenyl](5,6-dihydro1,4,2-dioxazin-3-yl)methanone Omethyloxime, and its Z isomer, (1Z)-[2- 

[[6-(2-chlorophenoxy)-5-fluoro-4- 

pyrimydinyl]oxy]phenyl](5,6-dihydro1,4,2-dioxazin-3-yl)methanone Omethyloxime, in or on leaf petioles 

subgroup 4B; peanut; peanut, hay; 

peanut, refined oil; tomato, paste; 

vegetable, fruiting, group 8; and 

vegetable, tuberous and corm, subgroup 

1C. This regulation also establishes 

tolerances for the indirect or inadvertent 

combined residues of fluoxastrobin and 

its Z isomer, in or on alfalfa, forage; 

alfalfa, hay; cotton, gin byproducts; 

grain, cereal, forage, fodder and straw, 

group 16; grass, forage; grass, hay; and 

vegetable, foliage of legume, group 7. 

This regulation additionally establishes 

tolerances for the combined residues of 

fluoxastrobin, its Z isomer, and its 

phenoxy-hydroxypyrimidine 

metabolite, 6-(2-chlorophenoxy)-5- 

fluoro-4-pyrimidinol, expressed as 

fluoxastrobin, in or on cattle, fat; cattle, 

meat; cattle, meat byproducts; goat, fat; 

goat, meat; goat, meat byproducts; horse, 

fat; horse, meat; horse, meat byproducts; 

milk; milk, fat; sheep, fat; sheep, meat; 

and sheep, meat byproducts. Bayer 

CropScience requested these tolerances 

under the Federal Food, Drug, and 

Cosmetic Act (FFDCA), as amended by 

the Food Quality Protection Act of 1996 

(FQPA). 

DATES: This regulation is effective 

September 16, 2005. Objections and 

requests for hearings must be received 

on or before November 15, 2005. 

ADDRESSES: To submit a written 

objection or hearing request follow the 

detailed instructions as provided in 

Unit VII. of the SUPPLEMENTARY

INFORMATION. EPA has established a 

docket for this action under Docket 

identification (ID) number OPP–2003–

0129. All documents in the docket are 

listed in the EDOCKET index at http:// 

www.epa.gov/edocket. Although listed 

in the index, some information is not 

publicly available, i.e., 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 either 

electronically in EDOCKET or in hard 

copy at the Public Information and 

Records Integrity Branch (PIRIB), Rm. 

119, Crystal Mall #2, 1801 S. Bell St., 

Arlington, VA. This docket facility is 

open from 8:30 a.m. to 4 p.m., Monday 

through Friday, excluding legal 

holidays. The docket telephone number 

is (703) 305–5805. 

FOR FURTHER INFORMATION CONTACT: 

Tony Kish, Registration Division 

(7505C), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

(703) 308–9443; e-mail address: 

kish.tony@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 111), e.g., 

agricultural workers; greenhouse, 

nursery, and floriculture workers; 

farmers. 

• Animal production (NAICS 112), 

e.g., cattle ranchers and farmers, dairy 

cattle farmers, livestock farmers. 

• Food manufacturing (NAICS 311), 

e.g., agricultural workers; farmers; 

greenhouse, nursery, and floriculture 

workers; ranchers; pesticide applicators. 

• Pesticide manufacturing (NAICS 

32532), e.g., agricultural workers; 

commercial applicators; farmers; 

greenhouse, nursery, and floriculture 

workers; residential users. 

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 and Other Related 

Information? 

In addition to using EDOCKET (http:// 

www.epa.gov/edocket/), you may access 

this Federal Register document 

electronically through the EPA Internet 

under the ‘‘Federal Register’’ listings at 

http://www.epa.gov/fedrgstr/. A 

frequently updated electronic version of 

40 CFR part 180 is available at E-CFR 

Beta Site Two at http:// 

www.gpoaccess.gov/ecfr/. To access the 

OPPTS Harmonized Guidelines 

referenced in this document, go directly 

to the guidelines at http://www.epa.gpo/ 

opptsfrs/home/guidelin.htm/. 

II. Background and Statutory Findings 

In the Federal Register of April 23, 

2003 (68 FR 19991) (FRL–7303–1), 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 3F6556) by Bayer 

CropScience, 2 T.W. Alexander Drive, 

Research Triangle Park, North Carolina 

27709. The petition requests that 40 

CFR 180.609 be amended by 

establishing tolerances for the combined 

residues of the fungicide fluoxastrobin, 

(1E)-[2-[[6-(2-chlorophenoxy)-5-fluoro-4- 

pyrimydinyl]-oxy]phenyl](5,6-dihydro1,4,2-dioxazin-3-yl)methanone Omethyloxime, in or on the raw 

agricultural commodities (RACs) alfalfa, 

forage at 0.05 parts per million (ppm); 

alfalfa, hay at 1.0 ppm; cotton, gin 

byproducts at 0.02 ppm; grain, cereal, 

forage at 0.10 ppm; grain, cereal, hay at 

0.10 ppm; grain, cereal, stover at 0.10 

ppm; grain, cereal, straw at 0.10 ppm; 

grass, forage at 0.10 ppm; grass, hay at 

0.50 ppm; legume, forage at 0.05 ppm; 

legume, hay at 0.05 ppm; legume, seed 

at 0.01 ppm; peanut at 0.01 ppm; 

peanut, hay at 20 ppm; peanut, refined 

oil at 0.10 ppm; tomato, paste at 2.0 

ppm; vegetable, foliage of legume, group 

7 at 0.05 ppm; vegetable, fruiting, group 

at 1.0 ppm; vegetable, leafy, petioles, 

except brassica, subgroup at 5.0 ppm; 

and vegetable, tuberous and corm, 

subgroup at 0.01 ppm. The petition also 

requests that 40 CFR 180.609 be 

amended by establishing tolerances for