Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Rules and Regulations 47891 

• 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 


sroberts on DSKD5P82C1PROD with RULES
47892 Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Rules and Regulations 

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 EPA’s tolerance 

regulations at 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 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. 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–2008–0813 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 

as required by 40 CFR part 178 on or 

before November 17, 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 this copy, 

identified by docket ID number EPA– 

HQ–OPP–2008–0813, 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. Petition for Tolerance 

In the Federal Register of December 3, 

2008 (73 FR 73651) (FRL–8391–3), EPA 

issued a notice pursuant to section 

408(d)(3) of FFDCA, 21 U.S.C. 

346a(d)(3), announcing the filing of a 

pesticide petition (PP 8F7452) by Bayer 

CropScience, 2 T.W. Alexander Drive, 

Research Triangle Park, NC 27709. The 

petition requested that 40 CFR 180.634 

be amended by revising tolerances for 

combined residues of the herbicide 

tembotrione and its metabolites in or on 

corn, sweet, kernel plus cob with husks 

removed from 0.04 to 0.01 parts per 

million (ppm); corn, sweet, forage from 

1.0 ppm to 0.09 ppm; and corn, sweet, 

stover from 1.2 ppm to 0.15 ppm. That 

notice referenced a summary of the 

petition prepared by Bayer CropScience, 

the registrant, which is available to the 

public in the docket, http:// 

www.regulations.gov. There were no 

comments received in response to the 

notice of filing. 

Based upon review of the data 

supporting the petition, EPA has 

determined that the proposed tolerances 

should be revised as follows: corn, 

sweet, forage at 0.35 ppm; corn, sweet, 

stover at 0.60 ppm. EPA has also 

determined that the tolerance for corn, 

sweet, kernel plus cob with husks 

removed is acceptable at the proposed 

level of 0.01 ppm but that compliance 

with the tolerance level is to be 

determined by measuring only parent 

tembotrione. The reasons for these 

changes are explained in Unit IV.C. 

III. 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 section 408(b)(2)(D) 

of FFDCA, and the factors specified in 

section 408(b)(2)(D) of FFDCA, 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 for the petitioned-for 

tolerances for residues of the herbicide 

tembotrione and its metabolites and 

degradates, in or on corn, sweet, kernel 

plus cob with husks removed at 0.01 

ppm; corn, sweet, forage at 0.35 ppm; 

and corn, sweet, stover at 0.60 ppm. 

EPA’s assessment of exposures and risks 

associated with establishing tolerances 

follows. 

In the Federal Register of September 

28, 2007 (72 FR 55078) (FRL–8148–2) 

the Agency published a final rule 

establishing tolerances for combined 

residues of tembotrione and its M5 

metabolite in or on corn, sweet, kernel 

plus cob with husks removed at 0.04 

ppm; corn, sweet, forage at 1.0 ppm; and 

corn, sweet stover at 1.2 ppm. When the 

Agency conducted the risk assessment 

in support of the September 2007 

tolerance action, it considered the use of 

tembotrione on corn (field and sweet), 

incorporating potential residues of 

tembotrione and its metabolites in or on 

corn commodities and secondary 

residues of tembotrione in livestock 

commodities from consumption of 

treated feedstuffs, including corn forage. 

Residues of tembotrione on corn and 

livestock commodities were assumed to 

be present at tolerance levels. Since EPA 

considered the residues of tembotrione 

on corn, sweet, kernel plus cob with 

husks removed; corn, sweet, forage; and 

corn, sweet, stover at a higher level in 

its most recent risk assessments, 

reducing the tolerances on sweet corn 

commodities will reduce the estimated 

aggregate exposures resulting from use 

of tembotrione. While it is true that 

lowering the tolerances will reduce the 

estimated exposure to tembotrione, 

changes have occurred in toxicology 

data requirements for pesticides since 

the 2007 risk assessment was completed 

which could impact the Food Quality 

Protection Act (FQPA) safety factor (SF) 

for tembotrione, currently retained at 

10X for acute and chronic dietary risk 

assessment. EPA’s assessment of the 

new data requirements as they relate to 

the FQPA safety factor for tembotrione 

is discussed below. 

EPA began requiring acute and 

subchronic neurotoxicity testing and 


sroberts on DSKD5P82C1PROD with RULES
Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Rules and Regulations 47893 

functional immunotoxicity testing of all 

food and non-food use pesticides on 

December 26, 2007 (40 CFR part 158 

subpart F). Acute and subchronic 

neurotoxicity studies in rats, as well as 

a developmental neurotoxicity (DNT) 

study in rats are available for 

tembotrione and were considered by 

EPA in its 2007 aggregate risk 

assessment and FQPA safety factor 

determination. Immunotoxicity data are 

not available for tembotrione. In the 

absence of specific immunotoxicity 

studies, EPA has evaluated the available 

tembotrione toxicity data to determine 

whether an additional database 

uncertainty factor is needed to account 

for potential immunotoxicity. The 

decreased absolute and relative thymus 

weights observed in female rats in the 

subchronic oral toxicity study were not 

corroborated with histopathological 

changes, and there were no thymus 

effects in other subchronic, chronic and 

carcinogenicity studies in rats. 

Therefore, the thymus weight changes 

in this study are spurious effects and 

not indicative of immunotoxicity. The 

increased incidence of minimal 

extramedullary hematopoeisis of the 

spleen in the rat offspring of the 

reproduction toxicity study and the 

anemia seen in the mice in the 

carcinogenicity study are indicators of 

toxicity to the hematopoietic system and 

not indicators of frank immunotoxicity. 

No other effects on organs of the 

immune system were seen, and the 

toxicity profile clearly indicates the eye, 

liver and kidneys to be the target organs 

for tembotrione-induced toxicity. 

Additionally, tembotrione does not 

belong to a class of chemicals (e.g., the 

organotins, heavy metals, or 

halogenated aromatic hydrocarbons) 

that would be expected to be 

immunotoxic in laboratory animals. 

Therefore, the Agency does not believe 

that conducting immunotoxicity testing 

will result in doses lower than those 

currently used for overall risk 

assessments (0.8 milligrams/kilograms/ 

day (mg/kg/day) for acute and 0.04 mg/ 

kg/day for repeated exposures) and an 

additional uncertainty factor is not 

needed to account for potential 

immunotoxicity. Based on these 

considerations, EPA concludes that no 

uncertainty factors are required in 

addition to those used in the 2007 risk 

assessment for tembotrione. 

Therefore, based on the risk 

assessments discussed in the final rule 

published in the Federal Register of 

September 28, 2007, 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 tembotrione 

residues. 

IV. Other Considerations 

A. Analytical Enforcement Methodology 

An Adequate enforcement 

methodology, liquid chromatography/ 

mass spectroscopy (LC/MS/MS) method 

is available to enforce the tolerance 

expression. The method may be 

requested from: Chief, Analytical 

Chemistry Branch, Environmental 

Science Center, 701 Mapes Rd., Ft. 

Meade, MD 20755–5350; telephone 

number (410) 305–905; e-mail address: 

residuemethods@epa.gov. 

B. International Residue Limits 

There is neither a Codex proposal, nor 

Canadian or Mexican limits for residues 

of tembotrione and its metabolites in or 

on crops or livestock commodities. 

C. Revisions to Petitioned-For 

Tolerances 

The submitted data support the 

following revised tolerances for residues 

of tembotrione in or on sweet corn 

commodities: Corn, sweet, kernel plus 

cob with husks removed at 0.01 ppm; 

corn, sweet, forage at 0.35 ppm; corn, 

sweet, stover at 0.60 ppm. EPA revised 

the tolerance levels for corn, sweet, 

forage and stover from those proposed 

by the registrant based on analyses of 

the residue field trial data using the 

Agency’s Tolerance Spreadsheet in 

accordance with the Agency’s Guidance 

for Setting Pesticide Tolerances Based 

on Field Trial Data. There were no 

detectable residues of tembotrione in 

corn, sweet, kernel plus cob with husks 

removed; and metabolism data for 

tembotrione show that while M5 is a 

major metabolite in forage and stover, it 

was present at less then 1% of the Total 

Radioactive Residue (TRR) in corn 

grain. Based on the results of these field 

trial and metabolism studies, the 

tolerance for corn, sweet, kernel plus 

cob with husks removed is being 

established at the limit of quantitation 

(0.01 ppm) for tembotrione. 

Tolerances for tembotrione are 

currently expressed in terms of ‘‘2-[2- 

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

trifluoroethoxy)methyl]benzoyl]-1,3- 

cyclohexanedione, and its metabolite, 2- 

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

trifluoroethoxy)methyl]benzoyl]-4,6- 

dihydroxy-1,3-cyclohexanedione.’’ EPA 

is revising the tolerance expression for 

existing tolerances and the new 

tolerances on sweet corn commodities 

to clarify the chemical moieties that are 

covered by the tolerances and specify 

how compliance with the tolerances is 

to be measured. The revised tolerance 

expression makes clear that the 

tolerances cover ‘‘residues of 

tembotrione, including its metabolites 

and degradates,’’ and that compliance 

with the tolerance levels for all 

commodities except corn, sweet, kernel 

plus cob with husks removed, will be 

determined by measuring only the sum 

of tembotrione, 2-[2-chloro-4- 

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

trifluoroethoxy)methyl]benzoyl]-1,3- 

cyclohexanedione and its metabolite, 2- 

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

trifluoroethoxy) methyl]benzoyl]-4,6- 

dihydroxy-1,3-cyclohexanedione, 

calculated as the stoichiometric 

equivalent of tembotrione. Compliance 

with the tolerance level for corn, sweet, 

kernel plus cob with husks removed 

will be determined by measuring only 

tembotrione. 

EPA has determined that it is 

reasonable to make this change final 

without prior proposal and opportunity 

for comment, because public comment 

is not necessary, in that the change has 

no substantive effect on the tolerances, 

but rather is merely intended to clarify 

the existing tolerance expression. 

V. Conclusion 

Therefore, tolerances are revised for 

residues of the herbicide tembotrione, 

including its metabolites and 

degradates, in or on corn, sweet, kernel 

plus cob with husks removed at 0.01 

ppm; corn, sweet, forage at 0.35 ppm; 

and corn, sweet, stover at 0.60 ppm. 

Compliance with the tolerance levels 

specified for corn, sweet, forage and 

stover is to be determined by measuring 

only the sum of tembotrione, 2-[2- 

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

trifluoroethoxy)methyl]benzoyl]-1,3- 

cyclohexanedione and its metabolite, 2- 

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

trifluoroethoxy) methyl]benzoyl]-4,6- 

dihydroxy-1,3-cyclohexanedione, 

calculated as the stoichiometric 

equivalent of tembotrione, in or on the 

commodities. Compliance with 

tolerance level for corn, sweet, kernel 

plus cob with husks removed, will be 

determined by measuring only 

tembotrione. 

VI. Statutory and Executive Order 

Reviews 

This final rule establishes tolerances 

under section 408(d) 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 


sroberts on DSKD5P82C1PROD with RULES
47894 Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Rules and Regulations 

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 on the basis of a petition 

under section 408(d) of FFDCA, such as 

the tolerance 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). 

VII. 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: September 8, 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 180.634 is amended as 

follows: 

a. By revising the introductory text of 

paragraph (a) and redesignating it as 

paragraph (a)(1). 

b. In the table to newly redesignated 

paragraph (a)(1) by revising the entries 

for corn, sweet, forage, and corn, sweet, 

stover, and by removing the entry for 

corn, sweet, kernel plus cob with husks 

removed. 

c. By adding paragraph (a)(2). 

The revised and added text reads as 

follows: 

§ 180.634 Tembotrione; tolerances for 

residues. 

(a) * * * (1) Tolerances are established 

for residues of the herbicide 

tembotrione, including its metabolites 

and degradates, in or on the 

commodities listed in the table to this 

paragraph. Compliance with the 

tolerance levels specified below is to be 

determined by measuring only the sum 

of tembotrione, 2-[2-chloro-4- 

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

trifluoroethoxy)methyl]benzoyl]-1,3- 

cyclohexanedione and its metabolite, 2- 

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

trifluoroethoxy) methyl]benzoyl]-4,6- 

dihydroxy-1,3-cyclohexanedione, 

calculated as the stoichiometric 

equivalent of tembotrione, in or on the 

following commodities. 

Commodity Parts per million 

*****

Corn, sweet, forage ........ 0.35 

Corn, sweet, stover ........ 0.60 

*****

(2) Tolerances are established for 

residues of the herbicide tembotrione, 

including its metabolites and 

degradates, in or on the commodities 

listed in the table to this paragraph. 

Compliance with the tolerance levels 

specified below is to be determined by 

measuring only tembotrione, 2-[2- 

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

trifluoroethoxy)methyl]benzoyl]-1,3- 

cyclohexanedione in or on the following 

commodities. 

Commodity Parts per million 

Corn, sweet, kernel plus 

cob with husks removed ......................... 0.01 

* * * * * 

[FR Doc. E9–22519 Filed 9–17–09; 8:45 am] 

BILLING CODE 6560–50–S 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 64 

[CG Docket 03–123 and WC Docket No. 05– 

196; DA 09–1323] 

Telecommunications Relay Services 

and Speech-to-Speech Services for 

Individuals With Hearing and Speech 

Disabilities; E911 Requirements for IPEnabled Service Providers 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule; extension of 

deadline. 

SUMMARY: In this document, the 

Commission via the Consumer and 

Governmental Affairs Bureau (Bureau) 

extends the registration deadline 

established in the Telecommunications 

Relay Services and Speech-to-Speech 

Services for Individuals with Hearing 

and Speech Disabilities; E911 

Requirements for IP-Enabled Service 

Providers, Second Report and Order and 

Order on Reconsideration (Second 

Internet-based TRS Order), during 

which Internet-based 

Telecommunications Relay Service 

(TRS) providers may continue to 

complete the non-emergency calls of 

unregistered users. This action is 

necessary because extending the 

deadline will ensure a more orderly 

transition to ten-digit numbering for 


sroberts on DSKD5P82C1PROD with RULES