Federal Register / Vol. 74, No. 120 / Wednesday, June 24, 2009 / Rules and Regulations 29957 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order (EO) 12898 (59 FR 

7629 (Feb. 16, 1994)) establishes federal 

executive policy on environmental 

justice. Its main provision directs 

federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. 

EPA has concluded that it is not 

practicable to determine whether there 

would be disproportionately high and 

adverse human health or environmental 

effects on minority and/or low income 

populations from this rule. EPA 

believes, however, that this action 

affects the level of environmental 

protection equally for all affected 

populations without having any 

disproportionately high and adverse 

human health or environmental effects 

on any population, including any 

minority or low-income population. 

Any ozone depletion that results from 

this rule will impact all affected 

populations equally, because ozone 

depletion is a global environmental 

problem with environmental and 

human effects that are, in general, 

equally distributed across geographical 

regions. 

K. Congressional Review Act 

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. Therefore, 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). This rule 

will be effective June 24, 2009. 

VI. Effective Date of This Final Rule 

Section 553(d) of the Administrative 

Procedures Act (APA) generally 

provides that rules may not take effect 

earlier than 30 days after they are 

published in the Federal Register. This 

final rule is issued under section 307(d) 

of the CAA, which does not include a 

30-day effective-date period 

requirement, and which precludes the 

application of section 553(d). CAA 

section 307(d)(1) (‘‘The provisions of 

section 553 through 557 * * * of Title 

5 shall not, except as expressly provided 

in this subsection, apply to actions to 

which this subsection applies.’’) EPA is 

making this final rule effective June 24, 

2009, and believes that this is consistent 

with the policies underlying APA 

section 553(d). Specifically, APA 

section 553(d) provides an exception for 

any action that grants or recognizes an 

exemption or relieves a restriction. 

Because this action grants an exemption 

to the phaseout of production and 

consumption of CFCs, EPA is making 

this action effective immediately to 

ensure continued availability of CFCs 

for medical devices. 

List of Subjects in 40 CFR Part 82 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Chemicals, 

Chlorofluorocarbons, Imports, Methyl 

Chloroform, Ozone, Reporting and 

recordkeeping requirements. 

Dated: June 18, 2009. 

Lisa P. Jackson, 

Administrator. 

■ 40 CFR part 82 is amended as follows: 

PART 82—PROTECTION OF 

STRATOSPHERIC OZONE 

■ 1. The authority citation for part 82 

continues to read as follows: 

Authority: 42 U.S.C. 7414, 7601,7671– 

7671q. 

Subpart A—Production and 

Consumption Controls 

■ 2. Section 82.8 is amended by revising 

table I in paragraph (a) to read as 

follows: 

§ 82.8 Grant of essential use allowances 

and critical use allowances. 

(a) * * * 

TABLE I—ESSENTIAL USE ALLOWANCES FOR CALENDAR YEAR 2009 

Company Chemical 2009 quantity 

(metric tons) 

(i) Metered Dose Inhalers (for oral inhalation) for Treatment of Asthma and Chronic Obstructive Pulmonary Disease 

Armstrong ................................................. CFC–11 or CFC–12 or CFC–114 ................................................................................ 63.0 

* * * * * 

[FR Doc. E9–14862 Filed 6–23–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 161 

[EPA–HQ–OPP–2004–0387; FRL–8418–5] 

Data Requirements for Antimicrobial 

Pesticides; Technical Amendment 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; technical 

amendment. 

SUMMARY: EPA is issuing this technical 

amendment to clarify that the data 

requirements for pesticide registration 

in 40 CFR part 161 are applicable only 

to antimicrobial pesticides. 

DATES: This technical amendment is 

effective June 24, 2009. 

ADDRESSES: EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ– 

OPP–2004–0387. All documents in the 

docket are listed in the docket index 

available in 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. 

to 4 p.m., Monday through Friday, 

29958 Federal Register / Vol. 74, No. 120 / Wednesday, June 24, 2009 / Rules and Regulations 

excluding legal holidays. The Docket 

Facility telephone number is (703) 305– 

5805. 

FOR FURTHER INFORMATION CONTACT: 

Kathryn Boyle, Field and External 

Affairs Division, (7506P), Office of 

Pesticide Programs, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave., NW., Washington DC 20460–0001; 

telephone number: (703) 305–6304; email address: boyle.kathryn @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 this 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 accessing electronically 

available documents at http:// 

www.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 Technical 

Amendment Do? 

In the Federal Register of October 24, 

2007 (72 FR 60251) (FRL–8116–2), EPA 

issued a Final Rule which, among other 

things, redesignated 40 CFR part 158 as 

40 CFR part 161. The regulations in 

redesignated part 161 were intended to 

apply to, and are applicable only to 

antimicrobial pesticides as was shown 

in the redesignation table. This 

technical amendment is issued to clarify 

the applicability of part 161, clear up 

any confusion among the users of the 

regulations in 40 CFR parts 158 and 161, 

and to correct the part heading for part 

161 to show applicability to 

antimicrobial pesticides. The data 

requirements for conventional, 

biochemical, and microbial pesticides 

are set forth in 40 CFR part 158. 

III. Why is this Tehnical Amendment 

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 

amendment final without prior proposal 

and opportunity for comment, because 

EPA is not making any substantive 

changes to the regulations and is merely 

clarifying the applicability of existing 

regulations to avoid confusion. 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? 

The appropriate statutory and 

Executive Order reviews were included 

in the October 24, 2007 Final Rule. 

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 161 

Environmental protection, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: June 12, 2009. 

Debra Edwards, 

Director, Office of Pesticide Programs. 

■ Therefore, 40 CFR part 161 is 

amended as follows: 

PART 161—[AMENDED] 

■ 1. The authority citation for part 161 

continues to read as follows: 

Authority: 7 U.S.C. 136—136y. 

■ 2. Revise the heading for part 161 to 

read as follows: 

PART 161—DATA REQUIREMENTS 

FOR REGISTRATION OF 

ANTIMICROBIAL PESTICIDES 

[FR Doc. E9–14620 Filed 6–23–09; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2008–0386; FRL–8421–2] 

Triallate; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

tolerances for residues of triallate and 

its metabolite TCPSA in or on 

bermudagrass, hay under 40 CFR 

180.314(a). Gowan Company requested 

these tolerances under the Federal Food, 

Drug, and Cosmetic Act (FFDCA). 

DATES: This regulation is effective June 

24, 2009. Objections and requests for 

hearings must be received on or before 

August 24, 2009, 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–2008–0386. 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. 

to 4 p.m., Monday through Friday, 

excluding legal holidays. The Docket 

Facility telephone number is (703) 305– 

5805. 

FOR FURTHER INFORMATION CONTACT: 

Vickie Walters, Registration Division 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

(703) 305–5704; e-mail address: 

walters.vickie@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