Federal Register / Vol. 70, No. 182 / Wednesday, September 21, 2005 / Proposed Rules 55329 

unfunded mandate as described under 

Title II of the Unfunded Mandates 

Reform Act of 1995 (UMRA) (Public 

Law 104–4). 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); or OMB review or any Agency 

action under Executive Order 13045, 

entitled Protection of Children from 

Environmental Health Risks and Safety 

Risks (62 FR 19885, April 23, 1997). 

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). The 

Regulatory Flexibility Act (RFA) (5 

U.S.C. 601 et seq.) generally requires an 

Agency to prepare a regulatory 

flexibility analysis of any rule subject to 

notice and comment rulemaking 

requirements under the Administrative 

Procedure Act or any other statute 

unless the agency certifies that the rule 

will not have a significant impact on a 

substantial number of small entities. 

Small entities include small businesses, 

small organizations, and small 

governmental organizations. After 

considering the economic impact of this 

proposed rule on small entities, the 

Agency hereby certifies that this 

proposed rule will not have significant 

negative economic impact on a 

substantial number of small entities. 

Establishing an exemption from the 

requirement of a pesticide tolerance (or, 

amending a tolerance exemption, as is 

proposed), is in effect, the removal of a 

regulatory restriction on pesticide 

residues in food and thus such an action 

will not have any negative economic 

impact on any entities, including small 

entities. In addition, the Agency has 

determined that this action will not 

have a substantial direct effect on 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, entitled 

Federalism (64 FR 43255, August 10, 

1999). Executive Order 13132 requires 

EPA to develop an accountable process 

to ensure ‘‘meaningful and timely input 

by State and local officials in the 

development of regulatory policies that 

have federalism implications.’’ ‘‘Policies 

that have federalism implications’’ is 

defined in the Executive Order to 

include regulations that 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.’’ This proposed 

rule directly regulates growers, food 

processors, food handlers and food 

retailers, not States. This action does not 

alter the relationships or distribution of 

power and responsibilities established 

by Congress in the preemption 

provisions of section 408(n)(4) of the 

FFDCA. For these same reasons, the 

Agency has determined that this 

proposed rule does not have any ‘‘tribal 

implications’’ as described in Executive 

Order 13175, entitled Consultation and 

Coordination with Indian Tribal 

Governments (65 FR 67249, November 

6, 2000). Executive Order 13175, 

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.’’ This 

proposed rule will not have substantial 

direct effects on tribal governments, on 

the relationship between the Federal 

Government and Indian tribes, or on the 

distribution of power and 

responsibilities between the Federal 

Government and Indian tribes, as 

specified in Executive Order 13175. 

Thus, Executive Order 13175 does not 

apply to this proposed rule. The Agency 

hereby certifies that this proposed 

action will not have significant negative 

economic impact on a substantial 

number of small entities. 

List of Subjects in 40 CFR Part 180 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: September 7, 2005. 

Janet L. Andersen, 

Director, Biopesticides and Pollution 

Prevention Division, Office of Pesticide 

Programs. 

Therefore, it is proposed that 40 CFR 

chapter I be amended as follows: 

PART 180—[AMENDED] 

1. The authority citation for part 180 

would continue to read as follows: 

Authority: 21 U.S.C. 321(q), 346a and 371. 

2. By revising § 180.1250 to read as 

follows: 

§ 180.1250 C8, C10, and C12 straight-chain 

fatty acid monoesters of glycerol and 

propylene glycol; exemption from the 

requirement of a tolerance. 

The C8, C10, and C12 straight-chain 

fatty acid monoesters of glycerol 

(glycerol monocaprylate, glycerol 

monocaprate, and glycerol monolaurate) 

and propylene glycol (propylene glycol 

monocaprylate, propylene glycol 

monocaprate, and propylene glycol 

monolaurate) are exempt from the 

requirement of a tolerance in or on all 

food commodities when used for both 

pre-harvest and post-harvest purposes, 

in accordance with approved label rates 

and good agricultural practice. 

[FR Doc. 05–18724 Filed 9–20–05; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[FRL–7971–4] 

National Oil and Hazardous Substance; 

Pollution Contingency Plan; National 

Priorities List 

AGENCY: Environmental Protection 

Agency. 

ACTION: Proposed rule; notice of intent 

to partially delete the East Tailing 

portion of the Tar Lake Superfund Site 

from the National Priorities List. 

SUMMARY: The Environmental Protection 

Agency, (EPA) Region 5 is issuing a 

notice of intent to partially delete the 

East Tailing Area of the Tar Lake 

Superfund Site (Site) located in Antrim 

County, Michigan, from the National 

Priorities List (NPL) and requests public 

comments on this notice of intent to 

partially delete. The East Tailing Area, 

as defined in the Remedial Investigation 

Report dated August 7, 2000, includes 

all soil, subsurface soil and groundwater 

associated with that part of the Tar Lake 

Superfund Site. The NPL, promulgated 

pursuant to section 105 of the 

Comprehensive Environmental 

Response, Compensation, and Liability 

Act (CERCLA) of 1980, as amended, is 

found at Appendix B of 40 CFR part 300 

which is the National Oil and 

Hazardous Substances Pollution 

Contingency Plan (NCP). The EPA and 

the State of Michigan, through the 

Michigan Department of Environmental 

Quality, have determined that all 

appropriate response actions under 

CERCLA have been completed. 

55330 Federal Register / Vol. 70, No. 182 / Wednesday, September 21, 2005 / Proposed Rules 

However, this partial deletion does not 

preclude future actions under 

Superfund. In the ‘‘Rules and 

Regulations’’ Section of today’s Federal 

Register, we are publishing a direct final 

notice of partial deletion of the East 

Tailing Area of the Tar Lake Superfund 

Site without prior notice of intent to 

partially delete because we view this as 

a non-controversial revision and 

anticipate no adverse comment. We 

have explained our reasons for this 

partial deletion in the preamble to the 

direct final notice of partial deletion. If 

we receive no adverse comment(s) on 

the direct final notice of partial deletion, 

we will not take further action. If we 

receive timely adverse comment(s), we 

will withdraw the direct final notice of 

partial deletion and it will not take 

effect. We will, as appropriate, address 

all public comments in a subsequent 

final partial deletion notice based on 

adverse comments received on this 

notice of intent to partially delete. We 

will not institute a second comment 

period on this notice of intent to 

partially delete. Any parties interested 

in commenting must do so at this time. 

For additional information, see the 

direct final notice of partial deletion 

which is located in the Rules section of 

this Federal Register. 

DATES: Comments concerning this Site 

must be received by October 21, 2005. 

ADDRESSES: Written comments should 

be addressed to: Stuart Hill, Community 

Involvement Coordinator, U.S. EPA (P–

19J), 77 W. Jackson, Chicago, IL 60604, 

312–886–0689 or 1–800–621–8431. 

Electronic comments should be sent to 

bloom.thomas@epa.gov. 

FOR FURTHER INFORMATION CONTACT: 

Thomas Bloom, Remedial Project 

Manager at (312) 886–1967, or Gladys 

Beard, State NPL Deletion Process 

Manager at (312) 886–7253 or 1–800–

621–8431, Superfund Division, U.S. 

EPA (SR–6J), 77 W. Jackson, IL 60604. 

SUPPLEMENTARY INFORMATION: For 

additional information, see the Direct 

Final Notice of Deletion which is 

located in the Rules section of this 

Federal Register. 

Information Repositories: Repositories 

have been established to provide 

detailed information concerning this 

decision at the following address: EPA 

Region 5 Library, 77 W. Jackson, 

Chicago, IL 60604, (312) 353–5821, 

Monday through Friday 8 a.m. to 4 p.m.; 

Mancelona Public Library, 202 W. State 

Street, Mancelona, MI 49945, (231) 587–

9471, Monday through Friday 8 a.m. to 

4 p.m., Tuesday and Thursday 6 p.m to 

8 p.m. 

List of Subjects in 40 CFR Part 300 

Environmental protection, Air 

pollution control, Chemicals, Hazardous 

substances, Hazardous waste, 

Intergovernmental relations, Penalties, 

Reporting and recordkeeping 

requirements, Superfund, Water 

pollution control, Water supply. 

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. 

Dated: September 6, 2005. 

Bharat Mathur, 

Acting Regional Administrator, Region 5. 

[FR Doc. 05–18835 Filed 9–20–05; 8:45 am] 

BILLING CODE 6560–50–P