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 Environmental Protection Agency 40 CFR Part 180
[EPA-HQ-OPP-2009-0373; FRL-8428-3]
 AGENCY: Environmental Protection Agency (EPA).
 ACTION: Final rule.
 SUMMARY: This regulation establishes a time-limited tolerance for residues of 1-naphthaleneacetic acid ethyl ester in or on avocados. 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 avocado trees. This regulation establishes a maximum permissible level for residues of 1-naphthaleneacetic acid ethyl ester in this food commodity. The time-limited tolerance expires and is revoked on December 31, 2012.
 DATES: This regulation is effective August 12, 2009. Objections and requests for hearings must be received on or before October 13, 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-2009-0373. 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, 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: 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).
                Animal production (NAICS code 112).
                Food manufacturing (NAICS code 311).
                Pesticide manufacturing (NAICS code 32532). 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 
                    ( print page 40514)
                    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? 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*. You may also access a frequently updated electronic version of 40 CFR part 180 through the Government Printing Office's e-CFR cite at 
                    *http://www.gpoaccess.gov/​ecfr* C. Can I File an Objection or Hearing Request? Under section 408(g) of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21 U.S.C. 346a, any person may file an objection to any aspect of this regulation and may also request a hearing on those objections. The EPA procedural regulations which govern the submission of objections and requests for hearings appear in 40 CFR part 178. You must file your objection or request a hearing on this regulation in accordance with the instructions provided in 40 CFR part 178. To ensure proper receipt by EPA, you must identify docket ID number EPA-HQ-OPP-2009-0373 in the subject line on the first page of your submission. All requests must be in writing, and must be mailed or delivered to the Hearing Clerk on or before October 13, 2009. In addition to filing an objection or hearing request with the Hearing Clerk as described in 40 CFR part 178, please submit a copy of the filing that does not contain any CBI for inclusion in the public docket that is described in 
                    **ADDRESSES**
                    . Information not marked confidential pursuant to 40 CFR part 2 may be disclosed publicly by EPA without prior notice. Submit your copies, identified by docket ID number EPA-HQ-OPP-2009-0373, by one of the following methods: *Federal eRulemaking Portal*: 
                    *http://www.regulations.gov*. Follow the on-line instructions for submitting comments.
                *Mail*: Office of Pesticide Programs (OPP) Regulatory Public Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001.
                *Delivery*: OPP Regulatory Public Docket (7502P), Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only accepted during the Docket Facility's normal hours of operation (8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays). Special arrangements should be made for deliveries of boxed information. The Docket Facility telephone number is (703) 305-5805. II. Background and Statutory Findings EPA, on its own initiative, in accordance with sections 408(e) and 408(l)(6) of FFDCA, 21 U.S.C. 346a(e) and 346a(1)(6), is establishing a time-limited tolerance for residues of the plant growth regulator 1-naphthaleneacetic acid ethyl ester in or on avocados at 0.05 parts per million (ppm). This time-limited tolerance expires and is revoked on December 31, 2012. EPA will publish a document in the 
                    **Federal Register**
                     to remove the revoked tolerances from the CFR. Section 408(l)(6) of FFDCA requires EPA to establish a time-limited tolerance or exemption from the requirement for a tolerance for pesticide chemical residues in food that will result from the use of a pesticide under an emergency exemption granted by EPA under section 18 of FIFRA. Such tolerances can be established without providing notice or period for public comment. EPA does not intend for its actions on section 18 related time-limited tolerances to set binding precedents for the application of section 408 of FFDCA and the new safety standard to other tolerances and exemptions. Section 408(e) of FFDCA allows EPA to establish a tolerance or an exemption from the requirement of a tolerance on its own initiative, i.e., without having received any petition from an outside party. Section 408(b)(2)(A)(i) of FFDCA allows EPA to establish a tolerance (the legal limit for a pesticide chemical residue in or on a food) only if EPA determines that the tolerance is “safe.” Section 408(b)(2)(A)(ii) of FFDCA defines “safe” to mean that “there is a reasonable certainty that no harm will result from aggregate exposure to the pesticide chemical residue, including all anticipated dietary exposures and all other exposures for which there is reliable information.” This includes exposure through drinking water and in residential settings, but does not include occupational exposure. Section 408(b)(2)(C) of FFDCA requires EPA to give special consideration to exposure of infants and children to the pesticide chemical residue in establishing a tolerance and to “ensure that there is a reasonable certainty that no harm will result to infants and children from aggregate exposure to the pesticide chemical residue. . . .” Section 18 of FIFRA authorizes EPA to exempt any Federal or State agency from any provision of FIFRA, if EPA determines that “emergency conditions exist which require such exemption.” EPA has established regulations governing such emergency exemptions in 40 CFR part 166. III. Emergency Exemption for 1-Naphthaleneacetic Acid Ethyl Ester on Avocados and FFDCA Tolerances Avocado growers in Southern California are dealing with emergency conditions in their orchards caused by unique environmental factors including a hard freeze, strong Santa Ana winds, drought, and fires that burned through orchards damaging or killing trees. Trees adversely affected by these conditions need to be “stumped” to be brought back into production. The processing of “stumping” entails cutting the primary scaffolding limbs of the tree back to stumps and painting them with white latex paint to protect them from sunburn and disease. The treatment of the pruned branches and cut stumps with naphthalene acetic acid ethyl ester slows the re-growth of vegetative sprouts by about 70%. This growth inhibition results in several lateral sprouts instead of literally hundreds of sprouts growing at and below the pruning cuts. This shortens the pruning time per tree or stump and the management of the re-growth can be accomplished with only one pruning per season. After having reviewed the submission, EPA determined that emergency conditions exist for this State, and that the criteria for an emergency exemption are met. EPA has authorized under FIFRA section 18 the use of 1-naphthaleneacetic acid ethyl ester on avocado trees limbs that have been pruned or cut back to a stump for control of excess sprout growth in California. As part of its evaluation of the emergency exemption application, EPA assessed the potential risks presented by residues of 1-naphthaleneacetic acid ethyl ester in or on avocados. In doing so, EPA considered the safety standard in section 408(b)(2) of FFDCA, and EPA decided that the necessary tolerance under section 408(l)(6) of FFDCA would be consistent with the safety standard and with FIFRA section 18. Consistent with the need to move quickly on the emergency exemption in order to address an urgent non-routine situation 
                    ( print page 40515)
                    and to ensure that the resulting food is safe and lawful, EPA is issuing this tolerance without notice and opportunity for public comment as provided in section 408(l)(6) of FFDCA. Although this time-limited tolerance expires and is revoked on December 31, 2012, under section 408(l)(5) of FFDCA, residues of the pesticide not in excess of the amounts specified in the tolerance remaining in or on avocados after that date will not be unlawful, provided the pesticide was applied in a manner that was lawful under FIFRA, and the residues do not exceed a level that was authorized by this time-limited tolerance at the time of that application. EPA will take action to revoke this time-limited tolerance earlier if any experience with, scientific data on, or other relevant information on this pesticide indicate that the residues are not safe. Because this time-limited tolerance is being approved under emergency conditions, EPA has not made any decisions about whether 1-naphthaleneacetic acid ethyl ester meets FIFRA's registration requirements for use on avocados or whether a permanent tolerance for this use would be appropriate. Under these circumstances, EPA does not believe that this time-limited tolerance decision serves as a basis for registration of 1-naphthaleneacetic acid ethyl ester by a State for special local needs under FIFRA section 24(c). Nor does this tolerance serve as the basis for persons in any State other than California to use this pesticide on this crop under FIFRA section 18 absent the issuance of an emergency exemption applicable within that State. For additional information regarding the emergency exemption for 1-naphthaleneacetic acid ethyl ester, contact the Agency's Registration Division at the address provided under 
                    **FOR FURTHER INFORMATION CONTACT**
                    . IV. Aggregate Risk Assessment and Determination of Safety Section 408(b)(2)(A)(i) of FFDCA allows EPA to establish a tolerance (the legal limit for a pesticide chemical residue in or on a food) only if EPA determines that the tolerance is “safe.” Section 408(b)(2)(A)(ii) of FFDCA defines “safe” to mean that “there is a reasonable certainty that no harm will result from aggregate exposure to the pesticide chemical residue, including all anticipated dietary exposures and all other exposures for which there is reliable information.” This includes exposure through drinking water and in residential settings, but does not include occupational exposure. Section 408(b)(2)(C) of FFDCA requires EPA to give special consideration to exposure of infants and children to the pesticide chemical residue in establishing a tolerance and to “ensure that there is a reasonable certainty that no harm will result to infants and children from aggregate exposure to the pesticide chemical residue. . . .” Consistent with the factors specified in FFDCA section 408(b)(2)(D), EPA has reviewed the available scientific data and other relevant information in support of this action. EPA has sufficient data to assess the hazards of and to make a determination on aggregate exposure expected as a result of this emergency exemption request and the time-limited tolerances for residues of 1-naphthalene acetic acid ethyl ester on avocado at 0.05 ppm. EPA's assessment of exposures and risks associated with establishing time-limited tolerances follows. A. Toxicological Endpoints For hazards that have a threshold below which there is no appreciable risk, a toxicological point of departure (POD) is identified as the basis for derivation of reference values for risk assessment. The POD may be defined as the highest dose at which no adverse effects are observed (the NOAEL) in the toxicology study identified as appropriate for use in risk assessment. However, if a NOAEL cannot be determined, the lowest dose at which adverse effects of concern are identified (the LOAEL) or a benchmark dose (BMD) approach is sometimes used for risk assessment. Uncertainty/safety factors (UFs) are used in conjunction with the POD to take into account uncertainties inherent in the extrapolation from laboratory animal data to humans and in the variations in sensitivity among members of the human population as well as other unknowns. Safety is assessed for acute and chronic dietary risks by comparing aggregate food and water exposure to the pesticide to the acute population adjusted dose (aPAD) and chronic population adjusted dose (cPAD). The aPAD and cPAD are calculated by dividing the POD by all applicable UFs. Aggregate short-term, intermediate-term, and chronic-term risks are evaluated by comparing food, water, and residential exposure to the POD to ensure that the margin of exposure (MOE) called for by the product of all applicable UFs is not exceeded. This latter value is referred to as the level of concern (LOC). For non-threshold risks, the Agency assumes that any amount of exposure will lead to some degree of risk. Thus, the Agency estimates risk in terms of the probability of an occurrence of the adverse effect greater than that expected in a lifetime. For more information on the general principles EPA uses in risk characterization and a complete description of the risk assessment process, see 
                    *http://www.epa.gov/​pesticides/​factsheets/​riskassess.htm*. A summary of the toxicological endpoints for 1-naphthaleneacetic acid ethyl ester used for human risk assessment can be found at 
                    *http://www.regulations.gov*
                     in document 
                    *Naphthalene Acetates HED Risk Assessment for Section 18 Use of Naphthalene Acetic Acid Ethyl Ester on Avocado Trees*, page 11 in docket ID number EPA-HQ-OPP-2009-0373. B. Exposure Assessment 1. 
                    *Dietary exposure from food and feed uses*. In evaluating dietary exposure to 1-naphthaleneacetic acid ethyl ester, EPA considered exposure under the time-limited tolerances established by this action as well as all existing naphthalene acetic acid tolerances in 40 CFR 180.155(a), naphthalene acetic acid ethyl ester tolerances in 40 CFR 180.155(b), and α-naphthaleneacetamide and its metabolite α-naphthalene acetic acid (calculated as α-naphthalene acetic acid) tolerances in 40 CFR 180.309. For commodities having tolerances for both naphthalene acetic acid and the acetamide of naphthalene acetic acid, the total amount of residues calculated as naphthalene acetic acid shall not exceed the higher of the two tolerances (40 CFR 180.3(d)(7)). Collectively, these chemicals are referred to as the naphthalene acetates. For the purpose of the human health risk assessment, all forms of the naphthalene acetates are combined (1-Naphthaleneacetic acid (NAA), its salts, ester, and acetamide) because they are structurally related and are metabolized to the acid form and eliminated from the body as glycine and glucuronic acid conjugates within 48 hours after exposure EPA assessed dietary exposures from the naphthalene acetates in food as follows: i. 
                    *Acute exposure*. In estimating acute dietary exposure, EPA used food consumption information from the United States Department of Agriculture (USDA) 1994-1996 and 1998 Nationwide Continuing Surveys of Food Intake by Individuals (CSFII). As to residue levels in food, the acute dietary exposure/risk analyses for all supported naphthalene acetates food uses were conducted using conservative, Tier 1 exposure assessments. The Tier I analyses assume tolerance level residues for all registered uses, 100 PCT for all commodities with existing tolerances, and default processing factors.
                    ( print page 40516) ii. 
                    *Chronic exposure*. In conducting the chronic dietary exposure assessment EPA used the food consumption data from the USDA 1994-1996 and 1998 CSFII. As to residue levels in food, the chronic dietary exposure/risk analyses for all supported food uses for the naphthalene acetates were conducted using conservative, Tier 1 exposure assessments. The Tier I analyses assume tolerance level residues for all registered uses, 100 PCT for all commodities with existing tolerances, and default processing factors. iii. 
                    *Cancer*. Based on the results of carcinogenicity studies in rats and mice, EPA has classified the naphthalene acetates as “not likely to be carcinogenic to humans” therefore, a quantitative cancer exposure assessment is unnecessary. iv. 
                    *Anticipated residue and PCT information*. EPA did not use anticipated residue and/or PCT information in the dietary assessment for the naphthalene acetates. Tolerance level residues and/or 100 PCT were assumed for all food commodities. 2. 
                    *Dietary exposure from drinking water*.The Agency used screening level water exposure models in the dietary exposure analysis and risk assessment for the naphthalene acetates in drinking water. These simulation models take into account data on the physical, chemical, and fate/transport characteristics of the naphthalene acetates. Further information regarding EPA drinking water models used in pesticide exposure assessment can be found at 
                    *http://www.epa.gov/​oppefed1/​models/​water/​index.htm*. Based on the First Index Reservoir Screening Tool (FIRST) and Screening Concentration in Ground Water (SCI-GROW) models, the estimated drinking water concentrations (EDWCs) of naphthalene acetates for acute exposures are estimated to be 12.9 parts per billion (ppb) for surface water and 0.0008 ppb for ground water and for chronic exposures for non-cancer assessments are estimated to be 0.71 ppb for surface water and 0.0008 ppb for ground water. Modeled estimates of drinking water concentrations were directly entered into the dietary exposure model for acute dietary risk assessment, the water concentration value of 12.9 ppb was used to assess the contribution to drinking water, and for chronic dietary risk assessment, the water concentration of value 0.71 ppb was used to assess the contribution to drinking water. 3. 
                    *From non-dietary exposure*. The term “residential exposure” is used in this document to refer to non-occupational, non-dietary exposure (e.g., for lawn and garden pest control, indoor pest control, termiticides, and flea and tick control on pets). Although there are residential uses for the naphthalene acetates, the uses are for ornamentals only (i.e., not turf) and post-application residential exposure is expected to be negligible. Therefore, a quantitative assessment is not required. 4. 
                    *Cumulative effects from substances with a common mechanism of toxicity*. Section 408(b)(2)(D)(v) of FFDCA requires that, when considering whether to establish, modify, or revoke a tolerance, the Agency consider “available information” concerning the cumulative effects of a particular pesticide's residues and “other substances that have a common mechanism of toxicity.” EPA has not found the naphthalene acetates to share a common mechanism of toxicity with any other substances, and the naphthalene acetates do not appear to produce a toxic metabolite produced by other substances. For the purposes of this tolerance action, therefore, EPA has assumed that the naphthalene acetates do not have a common mechanism of toxicity with other substances. For information regarding EPA's efforts to determine which chemicals have a common mechanism of toxicity and to evaluate the cumulative effects of such chemicals, see the policy statements released by EPA's Office of Pesticide Programs concerning common mechanism determinations and procedures for cumulating effects from substances found to have a common mechanism on EPA's website at 
                    *http://www.epa.gov/​pesticides/​cumulative*. C. Safety Factor for Infants and Children 1. 
                    *In general*. Section 408(b)(2)(C) of FFDCA provides that EPA shall apply an additional tenfold (10X) margin of safety for infants and children in the case of threshold effects to account for prenatal and postnatal toxicity and the completeness of the database on toxicity and exposure unless EPA determines based on reliable data that a different margin of safety will be safe for infants and children. This additional margin of safety is commonly referred to as the FQPA safety factor (SF). In applying this provision, EPA either retains the default value of 10X, or uses a different additional SF when reliable data available to EPA support the choice of a different factor. 2. 
                    *Prenatal and postnatal sensitivity*. There is low concern (and no residual uncertainty) for pre-natal and postnatal toxicity resulting from exposure to the naphthalene acetates. The available data provided no indication of increased susceptibility (quantitative or qualitative) in rats or rabbits to 
                    *in utero*
                     exposure to naphthalene acetates or to pre-natal and post-natal exposure in rat reproduction studies. 3. 
                    *Conclusion*. Therefore, the FQPA safety factor is reduced to 1x for risk assessment for this chemical. A developmental neurotoxicity study is not required since there was no evidence of neurotoxicity or neuropathology from the available studies and there is no concern or residual uncertainty for pre-natal or post-natal toxicity. EPA has determined that reliable data show that the safety of infants and children would be adequately protected if the FQPA SF were reduced to 1X. That decision is based on the following findings: i. The toxicity database for the naphthalene acetates is complete. ii. There is no indication that the naphthalene acetates are neurotoxic chemicals and there is no need for a developmental neurotoxicity study or additional UFs to account for neurotoxicity. iii. There is no evidence that the naphthalene acetates result in increased susceptibility in 
                    *in utero*
                     rats or rabbits in the prenatal developmental studies or in young rats in the 2-generation reproduction study. iv. There are no residual uncertainties identified in the exposure databases. The dietary food exposure assessments were performed based on 100 PCT and tolerance-level residues. EPA made conservative (protective) assumptions in the ground and surface water modeling used to assess exposure to the naphthalene acetates in drinking water. EPA used similarly conservative assumptions to assess postapplication exposure of children as well as incidental oral exposure of toddlers. These assessments will not underestimate the exposure and risks posed by the naphthalene acetates. D. Aggregate Risks and Determination of Safety EPA determines whether acute and chronic pesticide exposures are safe by comparing aggregate exposure estimates to the aPAD and cPAD. The aPAD and cPAD represent the highest safe exposures, taking into account all appropriate SFs. EPA calculates the aPAD and cPAD by dividing the POD by all applicable UFs. For linear cancer risks, EPA calculates the probability of additional cancer cases given the estimated aggregate exposure. Short-tern, intermediate-term, and chronic-term risks are evaluated by comparing the estimated aggregate food, water, and 
                    ( print page 40517)
                    residential exposure to the POD to ensure that the MOE called for by the product of all applicable UFs is not exceeded. 1. 
                    *Acute risk*. Using the exposure assumptions discussed in this unit for acute exposure, the acute dietary exposure from food and water to the naphthalene acetates will occupy 10% of the aPAD for children 1-2 years old, the population group receiving the greatest exposure. 2. 
                    *Chronic risk*. Using the exposure assumptions described in this unit for chronic exposure, EPA has concluded that chronic exposure to the naphthalene acetates from food and water will utilize 8% of the cPAD for children 1-2 years old, the population group receiving the greatest exposure. 3. 
                    *Short-term and intermediate-term risk*. Short-term and intermediate-term aggregate exposure takes into account short-term residential exposure plus chronic exposure to food and water (considered to be a background exposure level). Although the naphthalene acetates are registered for residential use, the uses are for ornamentals only (i.e., not turf) and post-application residential exposure is expected to be negligible. Therefore, the short-term and intermediate-term aggregate risks consist of the sum of the risk from exposure to the naphthalene acetates through food and water and will not be greater than the chronic aggregate risk. 4. 
                    *Aggregate cancer risk for U.S. population*. EPA has classified the naphthalene acetates as “not likely to be carcinogenic to humans.” The naphthalene acetates are not expected to pose a cancer risk 5. 
                    *Determination of safety*. Based on these risk assessments, EPA concludes that there is a reasonable certainty that no harm will result to the general population, or to infants and children, from aggregate exposure to naphthalene acetic acid residues. V. Other Considerations A. Analytical Enforcement Methodology An adequate enforcement methodology is available to enforce the tolerance expression of α-naphthalene acetic acid and 1-naphthaleneacetamide in or on plant commodities. The method may be requested from: Chief, Analytical Chemistry Branch, Environmental Science Center, 701 Mapes Rd., Ft. Meade, MD 20755-5350; telephone number: (410) 305-2905; e-mail address: 
                    *residuemethods@epa.gov*. B. International Residue Limits There are no CODEX MRLs for residues of 1-naphthaleneacetic acid ethyl ester on avocados. VI. Conclusion Therefore, a time-limited tolerance is established for residues of 1-naphthaleneacetic acid ethyl ester in or on avocado at 0.05 ppm. This tolerance expires and is revoked on December 31, 2012. VII. Statutory and Executive Order Reviews This final rule establishes a tolerance under sections 408(e) and 408(l)(6) of FFDCA in response to a petition submitted to the Agency. The Office of Management and Budget (OMB) has exempted these types of actions from review under Executive Order 12866, entitled 
                    *Regulatory Planning and Review*
                     (58 FR 51735, October 4, 1993). Because this final rule has been exempted from review under Executive Order 12866, this final rule is not subject to Executive Order 13211, entitled 
                    *Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use*
                     (66 FR 28355, May 22, 2001) or Executive Order 13045, entitled 
                    *Protection of Children from Environmental Health Risks and Safety Risks*
                     (62 FR 19885, April 23, 1997). This final rule does not contain any information collections subject to OMB approval under the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 
                    *et seq*., 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). Since tolerances and exemptions that are established in accordance with sections 408(e) and 408(l)(6) of FFDCA, such as the tolerances in this final rule, do not require the issuance of a proposed rule, the requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 
                    *et seq*.) do not apply. This final rule directly regulates growers, food processors, food handlers, and food retailers, not States or tribes, nor does this action alter the relationships or distribution of power and responsibilities established by Congress in the preemption provisions of section 408(n)(4) of FFDCA. As such, the Agency has determined that this action will not have a substantial direct effect on States or tribal governments, on the relationship between the national government and the States or tribal governments, or on the distribution of power and responsibilities among the various levels of government or between the Federal Government and Indian tribes. Thus, the Agency has determined that Executive Order 13132, entitled 
                    *Federalism*
                     (64 FR 43255, August 10, 1999) and Executive Order 13175, entitled 
                    *Consultation and Coordination with Indian Tribal Governments*
                     (65 FR 67249, November 9, 2000) do not apply to this final rule. In addition, this final rule does not impose any enforceable duty or contain any unfunded mandate as described under Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) (Public Law 104-4). 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). VIII. 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 31, 2009. Lois Rossi, Director, Registration Division,Office of Pesticide Programs.
 Therefore, 40 CFR chapter I is amended as follows: PART 180—[AMENDED]
 1.The authority citation for part 180 continues to read as follows: Authority:
                        21 U.S.C. 321(q), 346a and 371. 2.Section 180.155 is amended by redesignating paragraphs (a) and (b) as paragraphs (a)(1) and (a)(2) and adding a heading to paragraph (a); by adding a new paragraph (b); and by adding and reserving paragraphs (c) and (d)to read as follows: § 180.155
 (a) 
                        *General*. (1) *  *  * (2) *  *  * (b) 
                        *Section 18 emergency exemptions*. Time-limited tolerances specified in the following table are established for residues of the ethyl ester of 1-naphthaleneacetic acid in or on the following raw agricultural commodities resulting from use of the pesticide pursuant to FIFRA section 18 emergency exemptions. The tolerances expire and are revoked on the date specified in the following table. Commodity
Parts per million
Expiration/revocation dateavocado
0.05
December 31, 2012
 (c) 
                        *Tolerances with regional registrations*. [Reserved] (d) 
                        *Indirect or inadvertent residues*. [Reserved]


[FR Doc. E9-19200 Filed 8-11-09; 8:45 am] BILLING CODE 6560-50-S