44156 Federal Register / Vol. 73, No. 147 / Wednesday, July 30, 2008 / Rules and Regulations 

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, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Reporting and 

recordkeeping requirements. 

Dated: June 30, 2008. 

Laura Yoshii, 

Acting Regional Administrator, Region IX. 

■ Part 52, chapter I, title 40 of the Code 

of Federal Regulations 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 F—California 

■ 2. Section 52.220 is amended by 

adding paragraph (c)(344)(i)(D) to read 

as follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(344) * * * 

(i) * * * 

(D) Ventura County Air Pollution 

Control District. 

(1) Rule 74.9, Stationary Internal 

Combustion Engines, adopted on 

November 8, 2005. 

* * * * * 

[FR Doc. E8–17471 Filed 7–29–08; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2008–0511; FRL–8372–9] 

1-Methylcyclopropene; Pesticide 

Tolerance; Technical Correction 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; technical correction. 

SUMMARY: EPA issued a final rule in the 

Federal Register of April 9, 2008 (73 FR 

19147) (FRL–8357–5), concerning 1- 

methylcyclopropene (1-MCP); 

amendment to an exemption from the 

requirement of a tolerance. This 

document is being issued to correct a 

technical error, specifically the 

omission of addressing the comments 

received after the publication of the 

notice of filing on August 8, 2007 (72 FR 

44520) (FRL–8138–9). 

DATES: This final rule is effective July 

30, 2008. 

ADDRESSES: EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ–

OPP–2008–0511. To access the 

electronic docket, go to http:// 

www.regulations.gov, select ‘‘Advanced 

Search,’’ then ‘‘Docket Search.’’ Insert 

the docket ID number where indicated 

and select the ‘‘Submit’’ button. Follow 

the instructions on the regulations.gov 

website to view the docket index or 

access available documents. All 

documents in the docket are listed in 

the docket index available in 

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 either in the electronic docket 

at http://www.regulations.gov, or, if only 

available in hard copy, at the Office of 

Pesticide Programs (OPP) Regulatory 

Public Docket in Rm. S–4400, One 

Potomac Yard (South Bldg.), 2777 S. 

Crystal Dr., Arlington, VA. The hours of 

operation of this Docket Facility are 

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: 

Driss Benmhend, Biopesticides and 

Pollution Prevention Division (7511P), 

Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

(703) 308–9525; e-mail address: 

benmhend.driss@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this Action Apply to Me? 

The Agency included in the final rule 

a list of those who may be potentially 

affected by the action. If you have 

questions regarding the applicability of 

this action to a particular entity, consult 

the person listed under the FOR FURTHER

INFORMATION CONTACT. 

B. How Can I Access Electronic Copies 

of this Document and Other Related 

Information? 

In addition to using regulations.gov, 

you may access this Federal Register 

document electronically through the 

EPA Internet under the ‘‘Federal 

Register’’ listings at http:// 

www.epa.gov/fedrgstr. 

II. What Does this Correction Do? 

The final rule, identified as FR Doc. 

E8–7458 that was published in the 

Federal Register of April 9, 2008 (73 FR 

19147) (FRL–8357–5) is corrected as 

follows: 

On page 19148, under ‘‘II. 

BACKGROUND AND STATUTORY FINDINGS’’, 

the last sentence of paragraph one, 

‘‘There were no comments received in 

response to the notice of filing’’, is 

corrected to read as follows: 

After the publication of the notice of 

filling, the following comments were 

received and reviewed by the Agency: 

The first set of comments raised 

concerns that the Agency may not have 

completely assessed the safety of the 

active ingredient for its new outdoor 

use, especially with regard to its fate 

and behavior in the outdoor 

environment. The second set of 

comments addressed the potential 

negative effects on human health as a 

result of the new use of 1-MCP for preharvest treatments on fruits and 

vegetables. 

The active ingredient, 1- 

methylcyclopropene, has been 

completely assessed by the Agency for 

its potential for adverse environmental 

effects, particularly in regard to nontarget organisms, including threatened 

and endangered species. Its effects on 

the environment (if any) are directly 

related to its mode of action as an 

ethylene inhibitor in plants. Animals 

have no ethylene receptors and, 

therefore, it is highly unlikely that 1- 

MCP would have any adverse effects on 

animals. Furthermore, the product is 

applied at extremely low rates. The 

maximum use rate permitted on the 

product label is approximately 0.28 lbs 

(121.4 g) of 1-MCP/acre. 

1-MCP is a volatile gas. When 

dissolved in water and applied to field 

crops and orchards, 1-MCP will rapidly 

volatilize from plant and soil surfaces 

and its effects will be confined to the 

plant tissues to which it has been 

directly applied. Once in the 

atmosphere, it will be rapidly diluted 

and degraded by sunlight and reaction 

with hydroxyl molecules within 

approximately 6.4 hours master record 

identification number ((MRIDs) 471082–

06 & 471082–07). A study by the 

European Food and Safety Authority 

concurs with EPA’s conclusion, and has 

estimated an atmospheric half-life of 1- 

MCP to be about 4.4 hours (EFSA, 

2005). 

A study on soil leaching (MRID 

47108204) demonstrated that more than 


rwilkins on PROD1PC63 with RULES
Federal Register / Vol. 73, No. 147 / Wednesday, July 30, 2008 / Rules and Regulations 44157 

97% of applied 1-MCP was bound 

rapidly and tightly to the surfaces of 

four different soil types, and that no 1- 

MCP was detected in the soil leachates. 

This study indicates that 1-MCP has 

extremely low mobility in the soil and 

that it is highly unlikely that it will 

move into ground water. Modeling of 

potential runoff into surface waters 

using the generic expected 

environmental concentration (GENEEC) 

2, shows that the maximum potential 

concentration of 1-MCP in surface 

waters following runoff would not 

exceed approximately 25 ppb. 

With regard to the potential exposure 

and effects on human health as a result 

of the newly approved usage of 1-MCP 

in pre-harvest treatments, the applicant 

submitted extensive guideline animal 

studies. These studies were conducted 

using doses much greater than any 

measured or estimated environmental 

concentration of 1-MCP following 

applications at the maximum allowable 

label rate. EPA reviews of these studies 

concluded that 1-MCP has no adverse 

effects on any animal organism tested. 

These reviews are discussed in detail in 

the April 9, 2008 Federal Register 

document (73 FR 19147). 

Furthermore, based on the nature of 

residue studies (D339988, MRIDs 

47088611–12 & 47108203, field residue 

studies demonstrate that environmental 

concentrations of 1-MCP will be 

extremely low following applications at 

the maximum allowable product label 

use rate. When the product was applied 

to apple trees at the maximum product 

label use rate 0.28 lbs (121.4 g) 1-MCP/ 

acre, 1-MCP residues ranged from 3 to 

4 parts per billion (ppb) on apple fruits, 

at 3 to 7 days post-treatment; 212 to 379 

ppb on apple leaves at 3 to 30 days posttreatment; and 17 ppb in the upper 2 

centimeter of soil below the tree at 1 day 

post-treatment 

The Agency does not expect any 

human health concerns or negative 

effect on non-target organisms including 

endangered species, from exposure to 

residues of 1-MCP when applied or used 

as directed on the label and in 

accordance with good agricultural 

practices. 

III. Why is this Correction Issued as a 

Final Rule? 

Section 553 of the Administrative 

Procedure Act (APA), 5 U.S.C. 

553(b)(B), provides that, when an 

Agency for good cause finds that notice 

and public procedure are impracticable, 

unnecessary or contrary to the public 

interest, the Agency may issue a final 

rule without providing notice and an 

opportunity for public comment. EPA 

has determined that there is good cause 

for making today’s technical correction 

final without prior proposal and 

opportunity for comment, because EPA 

is merely responding to comments that 

were not addressed in the previously 

published final rule. The comments 

received and reviewed do not affect 

EPA’s decision for establishing an 

amendment to the tolerance exemption 

for the use 1-MCP for pre-harvest 

treatment. EPA finds that this 

constitutes good cause under 5 U.S.C. 

553(b)(B). 

IV. Do Any of the Statutory and 

Executive Order Reviews Apply to this 

Action? 

No. The applicable statutory and 

Executive order reviews were included 

in the April 8, 2008 Federal Register 

document. This document is a technical 

correction and as such no new reviews 

are applicable. 

V. 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 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 this final rule in the 

Federal Register. This final 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: July 23, 2008. 

Janet L. Andersen, 

Director, Biopesticides and Pollution 

Prevention Division, Office of Pesticide 

Programs. 

[FR Doc. E8–17478 Filed 7–29–08; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2006–0234; FRL–8370–8] 

Gentamicin; Pesticide Tolerance for 

Emergency Exemptions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes a 

time-limited tolerance for residues of 

gentamicin in or on apples. This action 

is in response to EPA’s granting of an 

emergency exemption under section 18 

of the Federal Insecticide, Fungicide, 

and Rodenticide Act (FIFRA) 

authorizing use of the pesticide on 

apples. This regulation establishes a 

maximum permissible level for residues 

of gentamicin in this food commodity. 

The time-limited tolerance expires and 

is revoked on December 31, 2010. 

DATES: This regulation is effective July 

30, 2008. Objections and requests for 

hearings must be received on or before 

September 29, 2008, and must be filed 

in accordance with the instructions 

provided in 40 CFR part 178 (see also 

Unit I.C. of the SUPPLEMENTARY

INFORMATION. 

ADDRESSES: EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ–

OPP–2006–0234. To access the 

electronic docket, go to http:// 

www.regulations.gov, select ‘‘Advanced 

Search,’’ then ‘‘Docket Search.’’ Insert 

the docket ID number where indicated 

and select the ‘‘Submit’’ button. Follow 

the instructions on the regulations.gov 

website to view the docket index or 

access available documents. All 

documents in the docket are listed in 

the docket index available in 

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 either in the electronic docket 

at http://www.regulations.gov, or, if only 

available in hard copy, at the Office of 

Pesticide Programs (OPP) Regulatory 

Public Docket in Rm. S–4400, One 

Potomac Yard (South Bldg.), 2777 S. 

Crystal Dr., Arlington, VA. The hours of 

operation of this Docket Facility are 

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: 

Andrew Ertman, Registration Division 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

(703) 308–9367; e-mail address: 

ertman.andrew@epa.gov. 

SUPPLEMENTARY INFORMATION: 


rwilkins on PROD1PC63 with RULES