47888 Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Rules and Regulations 

(a), (b), (c), (i), and (k) are applicable to 

manufacturers, importers, and 

processors of this substance. 

(2) Limitations or revocation of 

certain notification requirements. The 

provisions of § 721.185 apply to this 

section. 

■ 11. By adding new § 721.10164 to 

subpart E to read as follows: 

§ 721.10164 Benzenecarboximidamide, Nhydroxy-4-nitro-. 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substance identified as 

benzenecarboximidamide, N-hydroxy-4- 

nitro- (PMN P–08–36; CAS No. 1613– 

86–1) is subject to reporting under this 

section for the significant new uses 

described in paragraph (a)(2) of this 

section. 

(2) The significant new uses are: 

(i) Release to water. Requirements as 

specified in § 721.90 (a)(1), (b)(1), and 

(c)(1). 

(ii) [Reserved] 

(b) Specific requirements. The 

provisions of subpart A of this part 

apply to this section except as modified 

by this paragraph. 

(1) Recordkeeping. Recordkeeping 

requirements as specified in § 721.125 

(a), (b), (c), and (k) are applicable to 

manufacturers, importers, and 

processors of this substance. 

(2) Limitations or revocation of 

certain notification requirements. The 

provisions of § 721.185 apply to this 

section. 

■ 12. By adding new § 721.10165 to 

subpart E to read as follows: 

§ 721.10165 Carbonotrithioic acid, 

bis(phenylmethyl) ester. 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substance identified as 

carbonotrithioic acid, bis(phenylmethyl) 

ester (PMN P–08–138; CAS No.26504– 

29–0) is subject to reporting under this 

section for the significant new uses 

described in paragraph (a)(2) of this 

section. 

(2) The significant new uses are: 

(i) Industrial, commercial, and 

consumer activities. Requirements as 

specified in § 721.80(f). 

(ii) Release to water. Requirements as 

specified in § 721.90 (b)(1) and (c)(1). 

(b) Specific requirements. The 

provisions of subpart A of this part 

apply to this section except as modified 

by this paragraph. 

(1) Recordkeeping. Recordkeeping 

requirements as specified in § 721.125 

(a), (b), (c), (i), and (k) are applicable to 

manufacturers, importers, and 

processors of this substance. 

(2) Limitations or revocation of 

certain notification requirements. The 

provisions of § 721.185 apply to this 

section. 

■ 13. By adding new § 721.10166 to 

subpart E to read as follows: 

§ 721.10166 1,3-Cyclohexanedione, 2-[2-

chloro-4-(methylsulfonyl)-3-[(2,2,2-

trifluoroethoxy)methyl]benzoyl]-, ion(1-), 

potassium salt (1:1). 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substance identified as 

1,3-cyclohexanedione, 2-[2-chloro-4-

(methylsulfonyl)-3-[(2,2,2-

trifluoroethoxy)methyl]benzoyl]-, ion(1- 

), potassium salt (1:1) (PMN P–08–180; 

CAS No. 1121649–70–4) is subject to 

reporting under this section for the 

significant new uses described in 

paragraph (a)(2) of this section. 

(2) The significant new uses are: 

(i) Release to water. Requirements as 

specified in § 721.90 (a)(4), (b)(4), and 

(c)(4) (N= 0.1). 

(ii) [Reserved] 

(b) Specific requirements. The 

provisions of subpart A of this part 

apply to this section except as modified 

by this paragraph. 

(1) Recordkeeping. Recordkeeping 

requirements as specified in § 721.125 

(a), (b), (c), and (k) are applicable to 

manufacturers, importers, and 

processors of this substance. 

(2) Limitations or revocation of 

certain notification requirements. The 

provisions of § 721.185 apply to this 

section. 

■ 14. By adding new § 721.10167 to 

subpart E to read as follows: 

§ 721.10167 Tetrafluoro nitrotoluene 

(generic). 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substance identified 

generically as tetrafluoro nitrotoluene 

(PMN P–08–212) is subject to reporting 

under this section for the significant 

new uses described in paragraph (a)(2) 

of this section. 

(2) The significant new uses are: 

(i) Release to water. Requirements as 

specified in § 721.90 (a)(1), (b)(1), and 

(c)(1). 

(ii) [Reserved] 

(b) Specific requirements. The 

provisions of subpart A of this part 

apply to this section except as modified 

by this paragraph. 

(1) Recordkeeping. Recordkeeping 

requirements as specified in § 721.125 

(a), (b), (c), and (k) are applicable to 

manufacturers, importers, and 

processors of this substance. 

(2) Limitations or revocation of 

certain notification requirements. The 

provisions of § 721.185 apply to this 

section. 

■ 15. By adding new § 721.10168 to 

subpart E to read as follows: 

§ 721.10168 Cesium tungsten oxide. 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substance identified as 

cesium tungsten oxide (PMN P–08–275; 

CAS No. 52350–17–1) is subject to 

reporting under this section for the 

significant new uses described in 

paragraph (a)(2) of this section. 

(2) The significant new uses are: 

(i) Industrial, commercial, and 

consumer activities. Requirements as 

specified in § 721.80 (v)(2), (w)(2), and 

(x)(2). 

(ii) [Reserved] 

(b) Specific requirements. The 

provisions of subpart A of this part 

apply to this section except as modified 

by this paragraph. 

(1) Recordkeeping. Recordkeeping 

requirements as specified in § 721.125 

(a), (b), (c), and (i) are applicable to 

manufacturers, importers, and 

processors of this substance. 

(2) Limitations or revocation of 

certain notification requirements. The 

provisions of § 721.185 apply to this 

section. 

[FR Doc. E9–22533 Filed 9–17–09; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2005–0463; FRL–8957–3] 

Approval and Promulgation of State 

Implementation Plans; State of 

Colorado; Revisions to the Denver 

Emergency Episode Plan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct Final Rule. 

SUMMARY: EPA is taking direct final 

action approving State Implementation 

Plan (SIP) revisions to the Denver 

Emergency Episode Plan submitted by 

the State of Colorado on September 16, 

1997. EPA has determined that the 

Denver Emergency Episode Plan 

revisions meet the requirements for the 

prevention of air pollution emergency 

episodes with ambient concentrations of 

air pollutants that may endanger public 

health and welfare. The intended effect 

of this action is to make Federally 

enforceable those provisions that EPA is 

approving. This action is being taken 

under section 110 of the Clean Air Act. 

DATES: This rule is effective on 

November 17, 2009 without further 

notice, unless EPA receives adverse 


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comment by October 19, 2009. If 

adverse comment is received, EPA will 

publish a timely withdrawal of the 

direct final rule in the Federal Register 

informing the public that the rule will 

not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R08– 

OAR–2005–0463, by one of the 

following methods: 

• http://www.regulations.gov. Follow 

the on-line instructions for submitting 

comments. 

• E-mail: videtich.callie@epa.gov and 

mastrangelo.domenico@epa.gov. 

• Fax: (303) 312–6064 (please alert 

the individual listed in the FOR FURTHER

INFORMATION CONTACT if you are faxing 

comments). 

• Mail: Callie Videtich, Director, Air 

Program, Environmental Protection 

Agency (EPA), Region 8, Mailcode 8P– 

AR, 1595 Wynkoop Street, Denver, 

Colorado 80202–1129. 

• Hand Delivery: Callie Videtich, 

Director, Air Program, Environmental 

Protection Agency (EPA), Region 8, 

Mailcode 8P–AR, 1595 Wynkoop Street, 

Denver, Colorado 80202–1129. Such 

deliveries are only accepted Monday 

through Friday, 8 a.m. to 4:30 p.m., 

excluding Federal holidays. Special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R08–OAR–2005– 

0463. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not 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 http:// 

www.regulations.gov your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket 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. For additional instructions on 

submitting comments, go to Section I. 

General Information of the 

SUPPLEMENTARY INFORMATION section of 

this document. 

Docket: All documents in the docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly-available docket 

materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy at 

the Air Program, Environmental 

Protection Agency (EPA), Region 8, 

Mailcode 8P–AR, 1595 Wynkoop Street, 

Denver, Colorado 80202–1129. EPA 

requests that if at all possible, you 

contact the individual listed in the FOR

FURTHER INFORMATION CONTACT section to 

view the hard copy of the docket. You 

may view the hard copy of the docket 

Monday through Friday, 8 a.m. to 4 

p.m., excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Domenico Mastrangelo, Air Program, 

U.S. Environmental Protection Agency, 

Region 8, Mailcode 8P–AR, 1595 

Wynkoop Street, Denver, Colorado 

80202–1129, (303) 312–6436, 

mastrangelo.domenico@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Definitions 

For the purpose of this document, we 

are giving meaning to certain words or 

initials as follows: 

(i) The words or initials Act or CAA 

mean or refer to the Clean Air Act, 

unless the context indicates otherwise. 

(ii) The words EPA, we, us or our 

mean or refer to the United States 

Environmental Protection Agency. 

(iii) The initials SIP mean or refer to 

State Implementation Plan. 

(iv) The words Colorado and State 

mean the State of Colorado. 

Table of Contents 

I. General Information 

What Should I Consider as I Prepare My 

Comments for EPA? 

II. What Is the Purpose of This Action? 

III. What Is the State Process To Submit 

These Materials to EPA? 

IV. EPA’s Evaluation of the Denver 

Emergency Episode Plan Revisions 

V. Final Action 

VI. Statutory and Executive Order Review 

I. General Information 

What Should I Consider as I Prepare 

My Comments for EPA? 

1. Submitting CBI. Do not submit CBI 

to EPA through http:// 

www.regulations.gov or e-mail. Clearly 

mark the part or all of the information 

that you claim to be CBI. For CBI 

information in a disk or CD–ROM that 

you mail to EPA, mark the outside of the 

disk or CD–ROM as CBI and then 

identify electronically within the disk or 

CD–ROM the specific information that 

is claimed as CBI. In addition to one 

complete version of the comment that 

includes information claimed as CBI, a 

copy of the comment that does not 

contain the information claimed as CBI 

must be submitted for inclusion in the 

public docket. Information so marked 

will not be disclosed except in 

accordance with procedures set forth in 

40 CFR part 2. 

2. Tips for Preparing Your Comments. 

When submitting comments, remember 

to: 

a. Identify the rulemaking by docket 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

b. Follow directions—The agency may 

ask you to respond to specific questions 

or organize comments by referencing a 

Code of Federal Regulations (CFR) part 

or section number. 

c. Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

d. Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

e. If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

f. Provide specific examples to 

illustrate your concerns, and suggest 

alternatives. 

g. Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

h. Make sure to submit your 

comments by the comment period 

deadline identified. 

II. What Is the Purpose of This Action? 

EPA is approving the Denver 

Emergency Episode Plan (DEEP) 

adopted into the State of Colorado SIP 

on February 28, 1996, and submitted to 

EPA September 16, 1997. The 1996 

DEEP satisfies 40 CFR part 51, subpart 

H, which requires a plan to prevent 

ambient concentrations of air pollutants 

from reaching levels that may endanger 

public health and welfare. 


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1PM10 was defined as airborne particulate matter 

with an aerodynamic diameter of less than or equal 

to ten microns. The 24-hour primary PM10 standard 

was set to 150 μg/m3, with no more than one 

expected exceedance per year, replacing the 24- 

hour TSP standard of 260 μg/m3. The annual 

primary PM10 standard was set to 50 μg/m3, 

expected annual arithmetic mean, replacing the 

annual TSP standard of 75 μg/m3, annual geometric 

mean. 

2The effective dates for redesignation to 

attainment were October 11, 2001 for 1-hour Ozone 

(66 FR 47086, September 11, 2001), January 14, 

2002 for Carbon Monoxide (66 FR 64751, December 

14, 2001), and October 16, 2002 for 24-hour PM10

(67 FR 58335, September 16, 2002.) 

III. What Is the State Process To Submit 

These Materials to EPA? 

The provisions of Section 110(k) of 

the CAA govern EPA’s review of SIP 

revisions submittals. The CAA also 

requires States to follow certain 

procedural requirements when 

developing SIP revisions that are 

submitted to EPA. Section 110(a)(2) of 

the CAA requires that each SIP revision 

be adopted after reasonable notice and 

public hearing, a process which must 

occur prior to submitting the revision to 

EPA. 

The Colorado Air Quality Control 

Commission (AQCC) held a public 

hearing to propose revisions to the 1972 

DEEP on January 18, 1996, adopted the 

revised plan on February 28, 1996, and 

submitted the revisions to EPA on 

September 16, 1997. However, this 

submittal was affected by copying 

issues, and the version EPA received 

was missing several pages. Therefore, 

EPA requested a replacement copy on 

March 4, 2009, and, on April 28, 2009, 

the AQCC office provided a complete 

copy of the original September 16, 1997 

submittal package from the AQCC 

archives. 

We have evaluated the submittal of 

these SIP revisions by the State of 

Colorado and have determined that the 

State met the requirements for 

reasonable notice and public hearing 

under Section 110(a)(2) of the CAA. 

IV. EPA’s Evaluation of the Denver 

Emergency Episode Plan Revisions 

EPA has reviewed the 1996 Denver 

Emergency Episode Plan, submitted on 

September 16, 1997 and has determined 

that approval is warranted. The original 

Denver Emergency Episode Plan was 

adopted by the Colorado AQCC in 

January 1972 and approved by EPA in 

May of the same year (37 FR 10842, May 

31, 1972.) The revisions EPA is acting 

on today apply to the Denver 

metropolitan area (including the 

Denver, Jefferson, and Douglas Counties 

as well as portions of Adams, Arapahoe, 

and Boulder Counties) for the following 

criteria pollutants: 8-hour Carbon 

Monoxide (CO), 1-hour Ozone (O3), and 

24-hour PM10, particulate matter with 

an aerodynamic diameter less than or 

equal to 10 micrometers. 

The revised Denver Emergency 

Episode Plan, adopted by the Colorado 

AQCC in February of 1996, makes 

substantive and administrative changes 

to the 1972 DEEP. The substantive 

changes reflect EPA’s July 1, 1987 

promulgation of a rule (52 FR 24634) 

that changed the indicator for 

particulate matter from Total Suspended 

Particulate (TSP) to PM10. This rule 

simultaneously promulgated primary 

and secondary ambient air quality 

standards for PM10 intended to be more 

protective of the public health and the 

environment.1

The 1996 Denver Emergency Episode 

Plan retained the 1972 plan’s three 

contingency stages (Alert, Warning, and 

Emergency), thus satisfying the 40 CFR 

51.152 requirement that contingency 

plans include two or more contingency 

stages. The 1996 Plan also adopted 

EPA’s contingency thresholds (40 CFR 

part 51, Appendix L) for each of the 

pollutants noted above. During the years 

since the adoption of the revised Plan in 

1996, the levels of CO, 1-hour Ozone, 

and 24-hour PM10, registered at 

monitoring stations in the Denver 

metropolitan area remained well below 

the thresholds triggering contingency 

plans for the Alert stage. Furthermore, 

during the October 2001 to October 

2002 period the Denver metropolitan 

area was redesignated to attainment 

with the NAAQS for these three criteria 

pollutants.2

The Plan’s administrative changes 

included style and terminology updates, 

as well as identification of the State of 

Colorado departments and offices 

responsible to implement specific 

contingency measures. We believe these 

administrative changes are not 

substantive. 

V. Final Action 

EPA is approving the State of 

Colorado’s Denver Emergency Episode 

Plan, submitted on September 16, 1997, 

and is amending 40 CFR 52.321 to 

reflect that the State has adequately 

revised its Plan to comply with the 

requirements of 40 CFR part 51, subpart 

H in light of the 1987 PM10 standard. 

EPA is publishing this rule without 

prior proposal because the Agency 

views this as a noncontroversial 

amendment and anticipates no adverse 

comments. However, in the Proposed 

Rules section of today’s Federal 

Register publication, EPA is publishing 

a separate document that will serve as 

the proposal to approve the SIP revision 

if adverse comments are filed. This rule 

will be effective November 17, 2009 

without further notice unless the 

Agency receives adverse comments by 

October 19, 2009. If the EPA receives 

adverse comments, EPA will publish a 

timely withdrawal in the Federal 

Register informing the public that the 

rule will not take effect. EPA will 

address all public comments in a 

subsequent final rule based on the 

proposed rule. The EPA 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 EPA receives adverse 

comment on an amendment, paragraph, 

or section of this rule and if that 

provision may be severed from the 

remainder of the rule, EPA may adopt 

as final those provisions of the rule that 

are not the subject of an adverse 

comment. 

VI. Statutory and Executive Order 

Review 

A. General Requirements 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

Federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, EPA’s role is to approve 

State choices, provided that they meet 

the criteria of the Clean Air Act. 

Accordingly, this action merely 

approves State law as meeting Federal 

requirements and does not impose 

additional requirements beyond those 

imposed by State law. For that reason, 

this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• 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); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 


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• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

Tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the State, and EPA notes that 

it will not impose substantial direct 

costs on Tribal governments or preempt 

Tribal law. 

B. Submission to Congress and the 

Comptroller General 

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. EPA will submit a 

report containing this action 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). 

C. Petitions for Judicial Review 

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 17, 

2009. Filing a petition for 

reconsideration by the Administrator of 

this final rule does not affect the finality 

of this action 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. Parties with objections to this 

direct final rule are encouraged to file a 

comment in response to the parallel 

notice of proposed rulemaking for this 

action published in the proposed rules 

section of today’s Federal Register, 

rather than file an immediate petition 

for judicial review of this direct final 

rule, so that EPA can withdraw this 

direct final rule and address the 

comment in the proposed rulemaking. 

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, Particulate 

matter, Reporting and recordkeeping 

requirements, Volatile Organic 

Compounds. 

Dated: September 4, 2009. 

Carol Rushin, 

Acting Regional Administrator, Region 8. 

■ 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 G—Colorado 

■ 2. Section 52.321 is amended by 

revising the introductory text to read as 

follows: 

§ 52.321 Classification of regions. 

The revised Denver Emergency 

Episode Plan, adopted by the State of 

Colorado February 28, 1996, was 

submitted by the Governor of Colorado 

with a September 16, 1997 letter. 

* * * * * 

[FR Doc. E9–22279 Filed 9–17–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2008–0813; FRL–8431–5] 

Tembotrione; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation revises the 

tolerances for residues of the herbicide 

tembotrione, including its metabolites 

and degradates, in or on corn, sweet 

forage; corn, sweet, stover; and corn, 

sweet, kernel plus cob with husks 

removed. Bayer CropScience requested 

these tolerances under the Federal Food, 

Drug, and Cosmetic Act (FFDCA). 

DATES: This regulation is effective 

September 18, 2009. Objections and 

requests for hearings must be received 

on or before November 17, 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–2008–0813. 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: 

Joanne Miller, Registration Division 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

(703) 305–6224; e-mail address: 

miller.joanne@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 those engaged in the 

following activities: 

• 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 to provide 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 

Industrial Classification System 

(NAICS) codes have been provided to 


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