56566 Federal Register / Vol. 70, No. 187 / Wednesday, September 28, 2005 / Rules and Regulations 

Applicability 

As discussed above, these special 

conditions are applicable to the Cessna 

441. Should Premier Avionics apply at 

a later date for a supplemental type 

certificate to modify any other model on 

the same type certificate data sheet to 

incorporate the same novel or unusual 

design feature, the special conditions 

would apply to that model as well 

under the provisions of § 21.101. 

Conclusion 

This action affects only certain novel 

or unusual design features on one model 

of airplane. It is not a rule of general 

applicability and affects only the 

applicant who applied to the FAA for 

approval of these features on the 

airplane. 

The substance of these special 

conditions has been subjected to the 

notice and comment period in several 

prior instances and has been derived 

without substantive change from those 

previously issued. It is unlikely that 

prior public comment would result in a 

significant change from the substance 

contained herein. For this reason, and 

because a delay would significantly 

affect the certification of the airplane, 

which is imminent, the FAA has 

determined that prior public notice and 

comment are unnecessary and 

impracticable, and good cause exists for 

adopting these special conditions upon 

issuance. The FAA is requesting 

comments to allow interested persons to 

submit views that may not have been 

submitted in response to the prior 

opportunities for comment described 

above. 

List of Subjects in 14 CFR Part 23 

Aircraft, Aviation safety, Signs and 

symbols. 

Citation 

■ The authority citation for these 

special conditions is as follows: 

Authority: 49 U.S.C. 106(g), 40113 and 

44701; 14 CFR 21.16 and 21.101; and 14 CFR 

11.38 and 11.19. 

The Special Conditions 

■ Accordingly, pursuant to the authority 

delegated to me by the Administrator, 

the following special conditions are 

issued as part of the type certification 

basis for the Cessna 441 airplane 

modified by Premier Avionics Design 

Ltd. to add two Thommen AD32E Air 

Data Display Units. 

1. Protection of Electrical and 

Electronic Systems from High Intensity 

Radiated Fields (HIRF). Each system 

that performs critical functions must be 

designed and installed to ensure that the 

operations, and operational capabilities 

of these systems to perform critical 

functions, are not adversely affected 

when the airplane is exposed to high 

intensity radiated electromagnetic fields 

external to the airplane. 

2. For the purpose of these special 

conditions, the following definition 

applies: Critical Functions: Functions 

whose failure would contribute to, or 

cause, a failure condition that would 

prevent the continued safe flight and 

landing of the airplane. 

Issued in Kansas City, Missouri on 

September 13, 2005. 

James E. Jackson, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 05–19289 Filed 9–27–05; 8:45 am] 

BILLING CODE 4910–13–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[R06–OAR–2005–TX–0016; FRL–7975–9] 

Approval and Promulgation of Air 

Quality Implementation Plans; Texas; 

Permits by Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve a State 

Implementation Plan (SIP) revision for 

the State of Texas. This action removes 

a provision from the Texas SIP which 

provided public notice for concrete 

batch plants which were constructed 

under a permit by rule (PBR). On 

September 1, 2000, Texas replaced the 

PBR for concrete batch plants with a 

standard permit for concrete batch 

plants. The standard permit for concrete 

batch plants also requires public notice 

for concrete batch plants subject to the 

standard permit. Texas maintained the 

public notice requirements of its PBR to 

assure that proper procedures were 

followed for concrete batch plants that 

were permitted under the PBR prior to 

the effective date of the standard permit. 

All authorization requests for concrete 

batch plants which were constructed 

under the PBR have now been resolved 

and the public notice and comment 

provisions under the PBR are no longer 

needed. 

DATES: This rule is effective on 

November 28, 2005 without further 

notice, unless EPA receives adverse 

comment by October 28, 2005. If EPA 

receives such comment, EPA will 

publish a timely withdrawal in the 

Federal Register informing the public 

that this rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Regional Material in 

DOCKET (RME) ID No. R06–OAR–

2005–TX–0016, by one of the following 

methods: 

• Federal rulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• Agency Web site: http:// 

docket.epa.gov/rmepub/. Regional 

Material in DOCKET (RME), EPA’s 

electronic public docket and comment 

system, is EPA’s preferred method for 

receiving comments. Once in the 

system, select ‘‘quick search,’’ then key 

in the appropriate RME Docket 

identification number. Follow the online instructions for submitting 

comments. 

• U.S. EPA Region 6 ‘‘Contact Us’’

Web site: http://epa.gov/region6/ 

r6coment.htm. Please click on ‘‘6PD’’

(Multimedia) and select ‘‘Air’’ before 

submitting comments. 

• E-mail: Mr. David Neleigh at 

neleigh.david@epa.gov. Please also cc 

the person listed in the FOR FURTHER

INFORMATION CONTACT section below. 

• Fax: Mr. David Neleigh, Chief, Air 

Permits Section (6PD–R), at fax number 

214–665–7263. 

• Mail: Mr. David Neleigh, Chief, Air 

Permits Section (6PD–R), Environmental 

Protection Agency, 1445 Ross Avenue, 

Suite 1200, Dallas, Texas 75202–2733. 

• Hand or Courier Delivery: Mr. 

David Neleigh, Chief, Air Permits 

Section (6PD–R), Environmental 

Protection Agency, 1445 Ross Avenue, 

Suite 1200, Dallas, Texas 75202–2733. 

Such deliveries are accepted only 

between the hours of 8 a.m. and 4 p.m. 

weekdays except for legal holidays. 

Special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Regional Material in DOCKET (RME) ID 

No. R06–OAR–2005–TX–0016. EPA’s 

policy is that all comments received 

will be included in the public file 

without change, and may be made 

available online at http:// 

docket.epa.gov/rmepub/, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

the disclosure of which is restricted by 

statute. Do not submit information 

through Regional Material in DOCKET 

(RME), Regulations.gov, or e-mail if you 

believe that it is CBI or otherwise 

protected from disclosure. The EPA 

RME Web site and the federal 

regulations.gov are ‘‘anonymous access’’

systems, which means EPA will not 

Federal Register / Vol. 70, No. 187 / Wednesday, September 28, 2005 / Rules and Regulations 56567 

1A PBR is a permit which is adopted under 

Chapter 106, which provides an alternative process 

for approving the construction of new and modified 

facilities which Texas has determined will not 

make a significant contribution of air contaminants 

to the atmosphere. These provisions provide a 

streamlined mechanism for approving the 

construction of certain small sources which would 

otherwise be required to apply for and receive a 

permit before commencing construction or 

modification. For further description of Texas 

regulations concerning PBRs see the discussion in 

our November 14, 2003 approval (68 FR 64544–45). 

2A standard permit is a permit which is adopted 

under Chapter 116,Subchapter F, which provides 

an alternative process for approving the 

construction of certain categories of new and 

modified sources for which the TCEQ has adopted 

a standard permit. These provisions provide a 

streamlined mechanism for approving the 

construction of certain sources within categories 

which contain numerous similar sources. For 

further description of Texas regulations concerning 

standard permits, see the discussion in our 

November 14, 2003 approval (68 FR 64546–47). 

know your identity or contact 

information unless you provide it in the 

body of your comment. If you send an 

e-mail comment directly to EPA without 

going through RME or regulations.gov, 

your e-mail address will be 

automatically captured and included as 

part of the comment that is placed in the 

public file and made available on the 

Internet. If you submit an electronic 

comment, EPA recommends that you 

include your name and other contact 

information in the body of your 

comment and with any disk or CD–ROM 

you submit. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. 

Docket: All documents in the 

electronic docket are listed in the 

Regional Material in DOCKET (RME) 

index at http://docket.epa.gov/rmepub/. 

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 RME or 

in the official file which is available at 

the Air Permits Section (6PD–R), 

Environmental Protection Agency, 1445 

Ross Avenue, Suite 700, Dallas, Texas 

75202–2733. The file will be made 

available by appointment for public 

inspection in the Region 6 FOIA Review 

Room between the hours of 8:30 a.m. 

and 4:30 p.m. weekdays except for legal 

holidays. Contact the person listed in 

the FOR FURTHER INFORMATION CONTACT

paragraph below or Mr. Bill Deese at 

(214) 665–7523 to make an 

appointment. If possible, please make 

the appointment at least two working 

days in advance of your visit. There will 

be a 15 cent per page fee for making 

photocopies of documents. On the day 

of the visit, please check in at the EPA 

Region 6 reception area at 1445 Ross 

Avenue, Suite 700, Dallas, Texas. 

The state submittal is also available 

for public inspection at the state Air 

Agency listed below during official 

business hours by appointment: 

Texas Commission on Environmental 

Quality, Office of Air Quality, 12124 

Park 35 Circle, Austin, Texas 78753. 

FOR FURTHER INFORMATION CONTACT: 

Stanley M. Spruiell, Air Permits Section 

(6PD–R), Environmental Protection 

Agency, Region 6, 1445 Ross Avenue, 

Suite 700, Dallas, Texas 75202–2733, 

telephone (214) 665–7212; fax number 

214–665–7263; e-mail address 

spruiell.stanley@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document wherever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

the EPA. Outline: 

I. What Action Are We Taking? 

II. What Is a State Implementation Plan? 

III. What Does Federal Approval of a SIP 

Mean to Me? 

IV. What Did the State Submit? 

V. Why Are We Approving the Removal of 

Section 106.5? 

VI. Final Action 

VII. Statutory and Executive Order Reviews 

I. What Action Are We Taking? 

This action removes 30 TAC, section 

106.5 from the Texas SIP. This section 

provided public notice for concrete 

batch plants which were constructed 

under a PBR.1 On September 1, 2000, 

Texas replaced the PBR for concrete 

batch plants with a standard permit 2 for 

concrete batch plants. The standard 

permit for concrete batch plants also 

requires public notice for concrete batch 

plants which are subject to the standard 

permit. Texas maintained the public 

notice requirements of section 106.5 to 

assure that proper procedures were 

followed for concrete batch plants that 

were permitted under the PBR prior to 

the effective date of the standard permit. 

All authorization requests for concrete 

batch plants which were constructed 

under the PBR have now been resolved 

and section 106.5 is no longer needed. 

Texas submitted a SIP revision to 

remove section 106.5. 

II. What Is a State Implementation 

Plan? 

Section 110 of the Act requires States 

to develop air pollution regulations and 

control strategies to ensure that the state 

air quality meets the National Ambient 

Air Quality Standards (NAAQS) that 

EPA has established. Under section 109 

of the Act, EPA established the NAAQS 

to protect public health. The NAAQS 

address six criteria pollutants. These 

pollutants are: carbon monoxide, 

nitrogen dioxide, ozone, lead, 

particulate matter, and sulfur dioxide. 

Each state must submit these 

regulations and control strategies to us 

for approval and incorporation into the 

federally enforceable SIP. Each state has 

a SIP designed to protect air quality. 

These SIPs can be extensive, containing 

state regulations or other enforceable 

documents and supporting information 

such as emission inventories, 

monitoring networks, and modeling 

demonstrations. 

III. What Does Federal Approval of a 

SIP Mean to Me? 

A state may enforce state regulations 

before and after we incorporate those 

regulations into a federally approved 

SIP. After we incorporate those 

regulations into a federally approved 

SIP, both EPA and the public may also 

take enforcement action against 

violators of these regulations. 

IV. What Did the State Submit? 

This action addresses Texas’ SIP 

submittal to EPA by letter dated June 28, 

2004. In the submittal, Texas submitted 

its repeal of section106.5—Public 

Notice, which it adopted June 9, 2004. 

Section 106.5 required public notice for 

concrete batch plants permitted under 

Chapter 106—Permits by Rule. With the 

creation of the concrete batch plant 

standard permit on September 1, 2000, 

and the repeal of the concrete batch 

plant PBR, section 106.5 is no longer 

needed. Texas maintained the public 

notice requirements of section 106.5 to 

assure that proper procedures were 

followed for the concrete batch plant 

PBR registrations received prior to the 

effective date of the standard permit for 

concrete batch plants. At this time, 

Texas has resolved all of the 

outstanding authorization requests for 

concrete batch plants permitted under 

Chapter 106. Consequently, the 

maintenance of section 106.5 is no 

longer needed. 

V. Why Are We Approving the Removal 

of Section 106.5? 

We approved section 106.5 on 

November 14, 2003 (68 FR 64543–50) 

when we approved Chapter 106—

Permits by Rule into the Texas SIP. 

Section 106.5—Public Notice applies to 

the construction of permanent or 

temporary concrete batch plants that are 

constructed under Chapter 106. Under 

56568 Federal Register / Vol. 70, No. 187 / Wednesday, September 28, 2005 / Rules and Regulations 

section 106.5, each concrete batch plant 

constructed under Chapter 106 must 

conduct public notice of the proposed 

construction. On September 1, 2000, 

Texas issued a standard permit for 

concrete batch plants. This standard 

permit replaced the requirements for 

PBRs applicable to concrete batch 

plants. Texas maintained its 

requirements for concrete batch plants 

(including the requirements for public 

notice) to assure that proper procedures 

were followed for the concrete batch 

plant PBR registrations received prior to 

the effective date of the standard permit 

for concrete batch plants. Because all of 

the outstanding authorization requests 

for concrete batch plants permitted 

under Chapter 106 have been resolved, 

the maintenance of the requirements for 

concrete batch plants under Chapter 106 

is no longer needed. 

On June 9, 2004, Texas repealed its 

PBRs for concrete batch plants and 

section 106.5. Section 106.5 is no longer 

necessary due to the issuance of the 

standard permit for concrete batch plant 

standard which was in accordance with 

section 116.602—Issuance of Standard 

Permits and because Texas has resolved 

all outstanding authorization requests 

for concrete batch plants permitted 

under Chapter 106 received prior to the 

effective date of the standard permit. 

Under Texas Health and Safety Code, 

section 382.058, concrete batch plant 

PBRs are subject to notice and 

opportunity for hearing provisions. The 

concrete batch plant PBR was the only 

PBR in Chapter 106 that required public 

notice. With the creation of the concrete 

batch plant standard permit, concrete 

batch plants are no longer authorized by 

a PBR under Chapter 106. The public 

notice requirements for concrete batch 

plants are now contained in the 

standard permit; therefore section 106.5 

is no longer needed. 

The removal of section 106.5 will not 

affect the obligation for Texas to provide 

for public notice when it issues new or 

revised PBR. The process for issuing, 

revising, and removing PBR is through 

rulemaking under which new and 

revised PBR must undergo public notice 

and a 30-day comment period which 

meets the requirements of 40 CFR 

51.161, which provides for public notice 

prior to approval of any new or 

modified source which is subject to the 

PBR. The basis for how Texas program 

for PBR meets these requirements is 

discussed in our November 14, 2003 

approval of Chapter 106. See 68 FR 

64545. 

The standard permit for concrete 

batch plants was originally issued in 

2000 (effective September 1, 2000) and 

was later revised in 2003 (effective July 

10, 2003). The standard permits for 

batch concrete plants were issued after 

notice an opportunity for public 

comment and public hearing as required 

under section 116.605. The process for 

public participation meets our 

requirements under 40 CFR 51.161, 

which provides for public notice prior 

to approval of any new or modified 

source which is subject to the PBR. The 

basis for how the Texas program for 

standard permits meets these 

requirements is discussed in our 

November 14, 2003, approval of Texas 

provisions for standard permits. See 68 

FR 64547. The standard permit for batch 

concrete plants also contain a provision 

pertaining to public notice which 

requires public notice for concrete batch 

plants which are subject to the standard 

permit. 

The public notice requirements under 

section 106.5 and under the standard 

permit for concrete batch plants is an 

additional notice to the public notice 

required under 40 CFR 51.161. As 

discussed above and in greater detail in 

our November 14, 2003, approval of the 

PBR and standard permits, each new 

and modified PBR and standard permit 

(including the PBR and standard permit 

for concrete batch plants) must be 

subject public notice and comment. We 

found that public notice provisions for 

PBR and standard permits meet the 

requirement of 40 CFR 51.161. See 68 

FR 64545. Accordingly, the adoption of 

the PBR and later the standard permit 

for concrete batch plants were subject to 

public notice which meet these public 

notice requirements at the time of 

adoption. The public participation 

requirement and the standard permit for 

concrete batch plants is an additional 

public notice that Texas requires under 

Texas Health and Safety Code, section 

382.058. Our approval of this additional 

requirement for the public notice 

provisions for concrete batch plants 

serves to strengthen the SIP. 

Furthermore, the maintenance of 

section 106.5 in the SIP serves no useful 

purpose because Texas has repealed the 

PBR for concrete batch plants. The 

process for removing these PBR was in 

accordance with the program that we 

approved for Texas PBR. Since section 

106.5 is limited only to PBR for concrete 

batch plants, and since Texas has 

repealed these PBR from Chapter 106, 

section 106.5 is no longer needed. 

VI. Final Action 

On the basis of the above analysis and 

evaluation we conclude that we can 

remove the provisions of section 106.5 

from the SIP on the basis that Texas 

replaced the PBR for concrete batch 

plants, which required public notice, 

with a standard permit for concrete 

batch plants that also requires public 

notice for concrete batch plants that are 

subject to the standard permit. 

We are publishing this rule without 

prior proposal because we view this as 

a noncontroversial amendment and 

anticipate no adverse comments. 

However, in the proposed rules section 

of this Federal Register publication, we 

are publishing a separate document that 

will serve as the proposal to approve the 

SIP revision if adverse comments are 

received. This rule will be effective on 

November 28, 2005 without further 

notice unless we receive adverse 

comment by October 28, 2005. If we 

receive adverse comments, we will 

publish a timely withdrawal in the 

Federal Register informing the public 

that the rule will not take effect. We will 

address all public comments in a 

subsequent final rule based on the 

proposed rule. We will not institute a 

second comment period on this action. 

Any parties interested in commenting 

must do so at this time. Please note that 

if we receive adverse comment on an 

amendment, paragraph, or section of 

this rule and if that provision may be 

severed from the remainder of the rule, 

we may adopt as final those provisions 

of the rule that are not the subject of an 

adverse comment. 

VII. Statutory and Executive Order 

Reviews 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this action is 

not a ‘‘significant regulatory action’’ and 

therefore is not subject to review by the 

Office of Management and Budget. For 

this reason, this action is also not 

subject to Executive Order 13211, 

‘‘Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

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

22, 2001). This action merely approves 

state law as meeting Federal 

requirements and imposes no additional 

requirements beyond those imposed by 

state law. Accordingly, the 

Administrator certifies that this rule 

will not have a significant economic 

impact on a substantial number of small 

entities under the Regulatory Flexibility 

Act (5 U.S.C. 601 et seq.). Because this 

rule approves pre-existing requirements 

under state law and does not impose 

any additional enforceable duty beyond 

that required by state law, it does 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). 

This rule also does not have tribal 

implications because it will not have a 

substantial direct effect on one or more 

Federal Register / Vol. 70, No. 187 / Wednesday, September 28, 2005 / Rules and Regulations 56569 

Indian tribes, 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 by Executive Order 13175 

(65 FR 67249, November 9, 2000). 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 action merely 

approves a state rule implementing a 

Federal standard, and does not alter the 

relationship or the distribution of power 

and responsibilities established in the 

Clean Air Act. 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. 

In reviewing SIP submissions, EPA’s 

role is to approve state choices, 

provided that they meet the criteria of 

the Clean Air Act. In this context, in the 

absence of a prior existing requirement 

for the state to use voluntary consensus 

standards (VCS), EPA has no authority 

to disapprove a SIP submission for 

failure to use VCS. It would thus be 

inconsistent with applicable law for 

EPA, when it reviews a SIP submission, 

to use VCS in place of a SIP submission 

that otherwise satisfies the provisions of 

the Clean Air Act. 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. section 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 28, 

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 52 

Environmental protection, Air 

pollution control, Carbon Monoxide, 

Hydrocarbons, Intergovernmental 

relations, Lead, Nitrogen oxides, Ozone, 

Particulate matter, Sulfur oxides, 

Volatile organic compounds. 

Dated: September 19, 2005. 

Lawrence E. Starfield, 

Acting Regional Administrator, Region 6. 

■ 40 CFR part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart SS—Texas 

■ 2. The table in § 52.2270(c) entitled 

‘‘EPA Approved Regulations in the 

Texas SIP’’ is amended under chapter 

106, subchapter A, by removing the 

entry for section 106.5, ‘‘Public Notice.’’

[FR Doc. 05–19358 Filed 9–27–05; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[OPP–2005–0244; FRL–773-5] 

Muscodor albus QST 20799 and the 

Volatiles Produced on Rehydration; 

Exemption from the Requirement of a 

Tolerance 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes an 

exemption from the requirement of a 

tolerance for residues of the Muscodor 

albus (M. albus) QST 20799 and the 

volatiles produced on its rehydration on 

all food commodities when applied or 

used for all agricultural applications, 

including seed, propagule and post 

harvest treatments. This action is in 

response to a pesticide petition 

submitted to EPA under the Federal 

Food, Drug, and Cosmetic Act (FFDCA), 

as amended by the Food Quality 

Protection Act of 1996 (FQPA), 

requesting an exemption from the 

requirement of a tolerance. This 

regulation eliminates the need to 

establish a maximum permissible level 

for residues of M. albus QST 20799 and 

the volatiles produced on its 

rehydration. 

DATES: This regulation is effective 

September 28, 2005. Objections and 

requests for hearings must be received 

on or before November 28, 2005. 

ADDRESSES: To submit a written 

objection or hearing request follow the 

detailed instructions as provided in 

Unit IX. of the SUPPLEMENTARY

INFORMATION. EPA has established a 

docket for this action under Docket 

identification (ID) number OPP–2005–

0244. 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: 

Shanaz Bacchus, Biopesticides and 

Pollution Prevention Division (7511C), 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

703–308–8097; e-mail address: 

bacchus.shanaz@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);