11784 Federal Register / Vol. 72, No. 49 / Wednesday, March 14, 2007 / Rules and Regulations 

2-hydroxypropyl]-1,2-dihydro-3H-1,2,4- 

triazole-3-thione, and prothioconazoledesthio, a-(1-chlorocyclopropyl)-a-[(2- chlorophenyl)methyl]-1H-1,2,4-triazole1-ethanol, calculated as parent in or on the following commodities: 

Commodity Parts per million 

Barley, grain ............................................................................................................. 0.35 

Barley, hay ............................................................................................................... 7.0 

Barley, straw ............................................................................................................ 4.0 

Grain, aspirated grain fractions ............................................................................... 11 

Pea and bean, dried shelled, except soybean, subgroup 6C ................................. 0.9 

Peanut ...................................................................................................................... 0.02 

Peanut, hay .............................................................................................................. 6.0 

Rapeseed, seed ....................................................................................................... 0.15 

Wheat, forage .......................................................................................................... 6.0 

Wheat, grain ............................................................................................................ 0.07 

Wheat, hay ............................................................................................................... 4.5 

Wheat, straw ............................................................................................................ 5.0 

(2) Tolerances are established for 

combined residues of the fungicide 

prothioconazole, 2-[2-(1- 

chlorocyclopropyl)-3-(2-chlorophenyl)- 

2-hydroxypropyl]-1,2-dihydro-3H-1,2,4- 

triazole-3-thione, and prothioconazoledesthio, a-(1-chlorocyclopropyl)-a-[(2- 

chlorophenyl)methyl]-1H-1,2,4-triazole1-ethanol, and conjugates that can be 

converted to these two compounds by 

acid hydrolysis, calculated as parent in 

or on the following commodities: 

Commodity Parts per million 

Cattle, fat ................................................................................................................. 0.1

Cattle, meat ............................................................................................................. 0.02 

Cattle, meat byproducts ........................................................................................... 0.2 

Goat, fat ................................................................................................................... 0.1

Goat, meat ............................................................................................................... 0.02 

Goat, meat byproducts ............................................................................................ 0.2 

Hog, meat byproducts ............................................................................................. 0.05 

Horse, fat ................................................................................................................. 0.1 

Horse, meat ............................................................................................................. 0.02 

Horse, meat byproducts .......................................................................................... 0.2 

Milk ........................................................................................................................... 0.02 

Poultry liver .............................................................................................................. 0.02

Sheep, fat ................................................................................................................ 0.1 

Sheep, meat ............................................................................................................ 0.02 

Sheep, meat byproducts .......................................................................................... 0.2 

(b) Section 18 emergency exemptions. 

[Reserved] 

(c) Tolerances with regional 

registrations. [Reserved] 

(d) Indirect or inadvertent residues. 

[Reserved] 

[FR Doc. E7–4405 Filed 3–13–07; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2006–0207; FRL–8117–2] 

Tribenuron Methyl; Pesticide 

Tolerance 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

tolerances for residues of tribenuron 

methyl in or on corn, field, forage; corn, 

field, grain; corn, field, stover; rice, 

grain; rice, straw; sorghum, forage; 

sorghum, grain, grain; sorghum, grain, 

stover; soybean, seed; and sunflower, 

seed. E.I. DuPont de Nemours and 

Company, Inc. requested these 

tolerances under the Federal Food, 

Drug, and Cosmetic Act (FFDCA), as 

amended by the Food Quality Protection 

Act of 1996 (FQPA). 

DATES: This regulation is effective 

March 14, 2007. Objections and requests 

for hearings must be received on or 

before May 14, 2007, and must be filed 

in accordance with the instructions 

provided in 40 CFR part 178 (see also 

Unit I.C. of the SUPPLEMENTARY

INFORMATION). 

ADDRESSES: EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ–

OPP–2006–0207. All documents in the 

docket are listed in the index for the 

docket. 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 Building), 

2777 S. Crystal Drive, Arlington, VA. 

The Docket Facility is open from 8:30 

a.m. to 4 p.m., Monday through Friday, 

excluding legal holidays. The Docket 

telephone number is (703) 305-5805. 

FOR FURTHER INFORMATION CONTACT: 

Vickie Walters, Registration Division 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460-0001; telephone number: 703- 

305-7504; e-mail address: 

walters.vickie@epa.gov. 

SUPPLEMENTARY INFORMATION: 


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Federal Register / Vol. 72, No. 49 / Wednesday, March 14, 2007 / Rules and Regulations 11785 

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 codes 111), 

e.g., agricultural workers; greenhouse, 

nursery, and floriculture workers; 

farmers. 

• Animal production (NAICS codes 

112), e.g., cattle ranchers and farmers, 

dairy cattle farmers, livestock farmers. 

• Food manufacturing (NAICS codes 

311), e.g., agricultural workers; farmers; 

greenhouse, nursery, and floriculture 

workers; ranchers; pesticide applicators. 

• Pesticide manufacturing (NAICS 

codes 32532), e.g., agricultural workers; 

commercial applicators; farmers; 

greenhouse, nursery, and floriculture 

workers; residential users. 

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 

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 an electronic 

copy of this Federal Register document 

through the electronic docket 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 pilot e-CFR site at http:// 

www.gpoaccess.gov/ecfr. To access the 

OPPTS Harmonized Guidelines 

referenced in this document, go directly 

to the guidelines at http://www.epa.gpo/ 

opptsfrs/home/guidelin.htm 

C. Can I File an Objection or Hearing 

Request? 

Under section 408(g) of the FFDCA, as 

amended by the FQPA, 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–2006–0207 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 May 14, 2007. 

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–2006–0207, 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 Building), 2777 S. 

Crystal Drive, Arlington, VA. Deliveries 

are only accepted during the Docket’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 telephone number is (703) 305- 

5805. 

II. Background and Statutory Findings 

In the Federal Register of July 14, 

2006 (71 FR 40102) (FRL–8058–7), 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 4F6890) by E.I. 

DuPont de Nemours and Company, 

Laurel Run Plaza, P. O. Box 80038, 

Wilmington, DE 19880-0038 and 

Interregional Research Project No. 4 (IR4), 681 Highway No. 1 South, North 

Brunswick, NJ 08902. The petition 

requested that 40 CFR 180. 451 be 

amended by establishing a tolerance fo 

residues of the herbicide tribenuron 

methyl (methyl 2-[[[[(4-methoxy-6- 

methyl-1, 3, ,5-triazin-2- 

yl)methylamino]

carbonyl]amino]sulfonyl]benzoate, in or 

on field corn and grain sorghum (forage, 

grain, and stover) rice (grain and straw); 

soybean ,seed; and sunflowers at 

0.05.parts per million (ppm). The notice 

referenced a summary of the petition 

prepared by E.I. DuPont de Nemours 

and Company, the registrant, that has 

been placed into the public docket. A 

comment was received in response to 

this notice of filing from B. Sachau, 15 

Elm Street, Florham Park, NJ 07932. The 

comment and EPA’s response to this 

comment is discussed in Unit IV C 

below. 

During the course of the review the 

Agency noticed that the name of the 

regulated chemical is incorrect and that 

the Petition Number for the sunflowers 

tolerance was inadvertently left out of 

the notice. The Agency is correcting 

these errors at this time. The Agency is 

also updating the commodity listing to 

agree with current terminology. 

Therefore the proposed tolerances are 

corrected to read: tolerances are 

established for residues of the herbicide 

tribenuron methyl, (methyl-2-[[[[N-(4- 

methoxy-6-methyl-1, 3, 5-triazin -2- 

yl)methylamino]

carbonyl]amino]sulfonyl]benzoate) in or 

on corn, field, forage at 0.05 ppm; corn, 

field, grain at 0.05 ppm; corn, field, 

stover at 0.05 ppm; rice, grain at 0.05 

ppm; rice, straw at 0.05 ppm; sorghum, 

grain, forage at 0.05 ppm; sorghum, 

grain, grain at 0.05 ppm; sorghum, grain, 

stover at 0.05 ppm, soybean, seed at 

0.05 ppm (4F6890) and sunflower, seed 

at 0.05 ppm (4E6855). 

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. . . .’’

EPA performs a number of analyses to 

determine the risks from aggregate 

exposure to pesticide residues. For 

further discussion of the regulatory 

requirements of section 408 of the 

FFDCA and a complete description of 


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the risk assessment process, see http:// 

www.epa.gov/fedrgstr/EPA-PEST/1997/ 

November/Day-26/p30948.htm. 

III. Aggregate Risk Assessment and 

Determination of Safety 

Consistent with 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, 

consistent with section 408(b)(2) of 

FFDCA, for a tolerance for residues of 

tribenuron methyl, (methyl-2-[[[[N-(4- 

methoxy-6-methyl-1, 3, 5-triazin -2- 

yl)methylamino]

carbonyl]amino]sulfonyl]benzoate) in or 

on corn, field, forage at 0.05 ppm; corn, 

field, grain at 0.05 ppm; corn, field, 

stover at 0.05 ppm; rice, grain at 0.05 

ppm; rice; straw at 0.05 ppm; sorghum, 

grain, forage at 0.05 ppm; sorghum, 

grain, grain at 0.05 ppm; sorghum, grain, 

stover at 0.05 ppm, soybean, seed at 

0.05 ppm and sunflower, seed at 0.05 

ppm. EPA’s assessment of exposures 

and risks associated with establishing 

the tolerances follows. 

A. Toxicological Profile 

EPA has evaluated the available 

toxicity data and considered its validity, 

completeness, and reliability as well as 

the relationship of the results of the 

studies to human risk. EPA has also 

considered available information 

concerning the variability of the 

sensitivities of major identifiable 

subgroups of consumers, including 

infants and children. Specific 

information on the studies received and 

the nature of the toxic effects caused by 

tribenuron methyl as well as the noobserved-adverse-effect-level (NOAEL) 

and the lowest-observed-adverse-effectlevel (LOAEL) from the toxicity studies 

can be found in Unit III. A. of the final 

rule published in the Federal Register 

of September 22, 2004 (69 FR 56711) 

(FRL–7679–5). 

B. Toxicological Endpoints 

For hazards that have a threshold 

below which there is no appreciable 

risk, the dose at which the NOAEL from 

the toxicology study identified as 

appropriate for use in risk assessment is 

used to estimate the toxicological level 

of concern (LOC). However, the LOAEL 

of concern are identified is sometimes 

used for risk assessment if no NOAEL 

was achieved in the toxicology study 

selected. An uncertainty factor (UF) is 

applied to reflect 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. 

The linear default risk methodology 

(Q*) is the primary method currently 

used by the Agency to quantify nonthreshold hazards such as cancer. The 

Q* approach assumes that any amount 

of exposure will lead to some degree of 

cancer risk, and estimates risk in terms 

of the probability of occurrence of 

additional cancer cases. More 

information can be found on the general 

principles EPA uses in risk 

characterization at http://www.epa.gov/ 

pesticides/health/human.htm. 

A summary of the toxicological 

endpoints for tribenuron methyl used 

for human risk assessment is discussed 

in Unit III.B. of the final rule published 

in the Federal Register of September 22, 

2004 (69 FR 56711) (FRL–7679–5). 

C. Exposure Assessment 

1. Dietary exposure from food and 

feed uses. Tolerances have been 

established (40 CFR 180.451) for the 

residues of tribenuron methyl, in or on 

a variety of raw agricultural 

commodities. No tolerances for meat 

product, eggs, or milk are established. 

Risk assessments were conducted by 

EPA to assess dietary exposures from 

tribenuron methyl in food as follows: 

i. Acute exposure. Quantitative acute 

dietary exposure and risk assessments 

are performed for a food-use pesticide, 

if a toxicological study has indicated the 

possibility of an effect of concern 

occurring as a result of a 1-day or single 

exposure. No effect attributable to a 

single dose was observed in any studies 

in the toxicology database for tribenuron 

methyl. As a result, no acute dietary 

endpoint was identified and no acute 

risk assessment was performed. 

ii. Chronic exposure. In conducting 

the chronic dietary exposure assessment 

EPA used the Dietary Exposure 

Evaluation Model software with the 

Food Commodity Intake Database 

(DEEM-FCIDTM), which incorporates 

food consumption data as reported by 

respondents in the USDA 1994-1996 

and 1998 Nationwide Continuing 

Surveys of Food Intakes by Individuals 

(CSFII), and accumulated exposure to 

the chemical for each commodity. The 

following assumptions were made for 

the chronic exposure assessments: 

tolerance level residues and 100% crop 

treated (CT). No empirical processing 

factors were used. A DEEM (Version 

7.81) default processing factor was used 

for corn syrup. Anticipated residues or 

estimates of percent crop treated (PCT) 

were not used. 

iii. Cancer. Tribenuron methyl is 

classified as a Group C (possible human 

carcinogen) because of the increased 

incidence of mammary gland 

adenocarcinomas in female SpragueDawley rats. Tribenuron methyl was not 

shown to be mutagenic in any tests 

conducted. EPA considers the chronic 

risk assessment to be protective of any 

potential risk of carcinogenicity. Further 

discussion is found in Unit III.C. of the 

final rule published in the Federal 

Register of September 22, 2004, 69 FR 

56711 (FRL–7679–5). 

2. Dietary exposure from drinking 

water. The Agency lacks sufficient 

monitoring exposure data to complete a 

comprehensive dietary exposure 

analysis and risk assessment for 

tribenuron methyl in drinking water. 

Because the Agency does not have 

comprehensive monitoring data, 

drinking water concentration estimates 

are made by reliance on simulation or 

modeling taking into account data on 

the physical characteristics of 

tribenuron methyl. Further information 

regarding EPA drinking water models 

used in pesticide exposure assessment 

can be found at http://www.epa.gov/ 

oppefed/models/water/index.htm. 

Based on the first index reservoir 

screening tool (FIRST) and screening 

concentration in ground water (SCIGROW) models, the estimated drinking 

water concentrations (EDWCs) of 

tribenuron methyl for acute exposures 

are estimated to be 4.1 parts per billion 

(ppb) for surface water and 6.8 ppb for 

ground water. The EDWCs for chronic 

exposures are estimated to be 2.7 ppb 

for surface water and 6.8 ppb for ground 

water. 

Modeled estimates of drinking water 

concentrations were directly entered 

into the dietary exposure model (DEEMFCID). For the chronic dietary risk 

assessment the higher ground water 

value of 6.8 ppb was used. 

3. From non-dietary exposure. The 

term ‘‘residential exposure’’ is used in 

this document to refer to nonoccupational, non-dietary exposure 

(e.g., for lawn and garden pest control, 

indoor pest control, termiticides, and 

flea and tick control on pets)Tribenuron 

methyl is not registered for use on any 

sites that would result in residential 

exposure. 

4. Cumulative effects from substances 

with a common mechanism of toxicity. 

Section 408(b)(2)(D)(v) of the 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.’’

Unlike other pesticides for which EPA 

has followed a cumulative risk approach 


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Federal Register / Vol. 72, No. 49 / Wednesday, March 14, 2007 / Rules and Regulations 11787 

based on a common mechanism of 

toxicity, EPA has not made a common 

mechanism of toxicity finding as to 

tribenuron methyl and any other 

substances and tribenuron methyl does 

not appear to produce a toxic metabolite 

produced by other substances. For the 

purposes of this tolerance action, 

therefore, EPA has not assumed that 

tribenuron methyl has 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. 

D. Safety Factor for Infants and 

Children 

1. In general. Section 408 of FFDCA 

provides that EPA shall apply an 

additional tenfold 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 data base on 

toxicity and exposure unless EPA 

determines based on reliable data that a 

different margin of safety will be safe for 

infants and children. Margins of safety 

are incorporated into EPA risk 

assessments either directly through use 

of a MOE analysis or through using 

uncertainty (safety) factors in 

calculating a dose level that poses no 

appreciable risk to humans. In applying 

this provision, EPA either retains the 

default value of 10X when reliable data 

do not support the choice of a different 

factor, or, if reliable data are available, 

EPA uses a different additional safety 

factor value based on the use of 

traditional uncertainty factors and/or 

special FQPA safety factors, as 

appropriate. 

2. Prenatal and postnatal sensitivity. 

Developmental and reproductive 

toxicity studies in rats and rabbits 

indicated no increased susceptibility 

(quantitative or qualitative) following in 

utero or prenatal and/or postnatal 

exposure to tribenuron methyl. 

3. Conclusion. EPA determined that 

reliable data show that it would be safe 

for infants and children to reduce the 

FQPA safety factor to 1X. That decision 

is based on the following findings. 

i. The toxicity data base for tribenuron 

methyl is complete. The impact of 

tribenuron methyl on the nervous 

system has been specially evaluated in 

neurotoxicity studies. There was no 

evidence of neurotoxicity or 

neuropathology seen in the acute, 

subchronic, chronic or reproductive 

studies. Therefore, a developmental 

neurotoxicity study is required for 

tribenuron methyl. 

ii. The available data from the 

developmental and reproductive 

toxicity studies do not indicate a 

potential susceptibility of infants and 

children to tribenuron methyl. 

iii. There are no residual uncertainties 

identified in the exposure databases. 

The dietary food assessments were 

performed based on 100% CT and 

tolerance level residues. Conservative 

ground water estimates were used in the 

risk assessment. This assessment will 

not underestimate the exposure and 

risks posed by tribenuron methyl. 

E. Aggregate Risks and Determination of 

Safety 

1. Acute risk. No toxic effect 

attributable to a single dose was 

observed in any studies in the 

toxicology database. As a result, no 

acute risk is expected. 

2. Chronic risk. Using the exposure 

assumptions described in this unit for 

chronic exposure, EPA has concluded 

that exposure to tribenuron methyl from 

food and water will utilize 4.7% of the 

cPAD for the U.S. population, 9.8% of 

the cPAD for all infants (<1 year old), 

and 9.1% of the cPAD for children 3-5 

years old. There are no residential uses 

for tribenuron methyl that result in 

chronic residential exposure to 

tribenuron methyl. EPA does not expect 

the aggregate exposure to exceed 100% 

of the cPAD. 

3. Short-term risk. Short-term 

aggregate exposure takes into account 

residential exposure plus chronic 

exposure to food and water (considered 

to be a background exposure level). 

Tribenuron methyl is not registered 

for use on any sites that would result in 

residential exposure. Therefore, the 

aggregate risk is the sum of the risk from 

food and water, which does not exceed 

the Agency’s level of concern. 

4. Intermediate-term risk. 

Intermediate-term aggregate exposure 

takes into account residential exposure 

plus chronic exposure to food and water 

(considered to be a background 

exposure level). 

Tribenuron methyl is not registered 

for use on any sites that would result in 

residential exposure. Therefore, the 

aggregate risk is the sum of the risk from 

food and water, which does not exceed 

the Agency’s level of concern. 

5. Aggregate cancer risk for U.S. 

population. The Agency considers the 

chronic risk assessment, making use of 

the cPAD, to be protective of any 

aggregate cancer risk. See Unit III. E.2. 

Therefore, the aggregate risk is not 

expected to exceed the Agency’s level of 

concern. 

6. 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 and to infants and children 

from aggregate exposure to tribenuron 

methyl residues. 

IV. Other Considerations 

A. Analytical Enforcement Methodology 

Adequate enforcement methodology 

(including high performance liquid 

chromatography (HPLC) with photoconductivity and liquid chromatography 

with detection via electrospray mass 

spectroscopy (LC/MS)) are 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) 305-2905; email address: residuemethods@epa.gov. 

B. International Residue Limits 

No Mexican or Codex Maximum 

Residue Levels (MRLs) have been 

established for tribenuron methyl. 

Canadian MRLs have been established 

for tribenuron methyl on certain crops; 

however, no MRLs have been 

established for corn, field, forage; corn, 

field, grain; corn, field, stover; rice, 

grain; rice, straw; sorghum, grain, 

forage; sorghum, grain, grain; sorghum, 

grain, stover; soybean, seed; or 

sunflower, seed, therefore no questions 

of compatibility exist for these 

commodities. 

C. Response to Comments 

A comment was received from Ms. B. 

Sachau in response to the notice of 

filing. Ms. Sachau stated that the 

chemical should not be manufactured or 

sold. Ms. Sachau based her conclusion 

on the following: eye irritation 

potential, effects on the liver and 

kidney, and its carcinogenic potential. 

Ms. Sachau also questioned the 

availability of testing for this chemical 

in combination with other chemicals in 

use today. 

The effects on the kidney and liver 

were the basis of the chronic reference 

dose (cRfD) and cPAD used for the 

chronic dietary risk assessment. As 

discussed in Unit III. E.2, EPA does not 

expect the aggregate exposure to exceed 

100% of the cPAD which does not 

exceed the Agency’s level of concern. 

After review of available data, the 

Agency considers the chronic risk 


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11788 Federal Register / Vol. 72, No. 49 / Wednesday, March 14, 2007 / Rules and Regulations 

assessment, making use of the cPAD, to 

be protective of any aggregate cancer 

risk. Ms. Sachau did not submit any 

scientific information to support a 

revision of Agency conclusions. 

EPA generally does not require 

companies to conduct studies to 

evaluate the potential for synergistic 

effects from exposure to combinations of 

chemical exposure. Such testing rarely 

shows any kind of interaction 

(synergistic or antagonistic), and there 

are a nearly infinite number of possible 

combinations, making the cost of 

indiscriminate testing prohibitively 

high. 

Because synergism does not occur 

often, the scientific community believes 

that exposure to multiple chemicals is 

best assessed by looking the effects 

caused by exposure to each chemical 

individually. The only exception to that 

is when people are exposed to multiple 

chemicals that share a common 

mechanism of toxicity. Then the effects 

of exposure to multiple chemicals are 

expected to be additive, adjusted for the 

relative toxicity of the different 

chemicals. This is done through Agency 

cumulative risk assessments, which are 

discussed in Unit III.C.4. of this 

document. Ms. Sachau did not submit 

any scientific information to support a 

revision of Agency conclusions. 

V. Conclusion 

Therefore, the tolerances are 

established for residues of tribenuron 

methyl, (methyl-2-[[[[N-(4-methoxy-6- 

methyl-1, 3, 5-triazin -2- 

yl)methylamino]

carbonyl]amino]sulfonyl]benzoate) in or 

on corn, field, forage at 0.05 ppm; corn, 

field, grain at 0.05 ppm; corn, field, 

stover at 0.05 ppm; rice, grain at 0.05 

ppm; rice; straw at 0.05 ppm; sorghum, 

grain, forage at 0.05 ppm; sorghum, 

grain, grain at 0.05 ppm; sorghum, grain, 

stover at 0.05 ppm, soybean, seed at 

0.05 ppm and sunflower, seed at 0.05 

ppm. 

VI. Statutory and Executive Order 

Reviews 

This final rule establishes a tolerance 

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 rule has 

been exempted from review under 

Executive Order 12866 due to its lack of 

significance, this rule is not subject to 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use (66 FR 28355, May 

22, 2001). 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., or 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). 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); or OMB review or any Agency 

action under Executive Order 13045, 

entitled Protection of Children from 

Environmental Health Risks and Safety 

Risks (62 FR 19885, April 23, 1997). 

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). 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. In addition, the 

Agency has determined that this action 

will not have a substantial direct effect 

on States, on the relationship between 

the national government and the States, 

or on the distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132, entitled 

Federalism(64 FR 43255, August 10, 

1999). Executive Order 13132 requires 

EPA to develop an accountable process 

to ensure ‘‘meaningful and timely input 

by State and local officials in the 

development of regulatory policies that 

have federalism implications.’’ ‘‘Policies 

that have federalism implications’’ is 

defined in the Executive Order to 

include regulations that have 

‘‘substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government.’’ This final rule 

directly regulates growers, food 

processors, food handlers and food 

retailers, not States. This action does not 

alter the relationships or distribution of 

power and responsibilities established 

by Congress in the preemption 

provisions of section 408(n)(4) of 

FFDCA. For these same reasons, the 

Agency has determined that this rule 

does not have any ‘‘tribal implications’’

as described in Executive Order 13175, 

entitled Consultation and Coordination 

with Indian Tribal Governments (65 FR 

67249, November 6, 2000). Executive 

Order 13175, requires EPA to develop 

an accountable process to ensure 

‘‘meaningful and timely input by tribal 

officials in the development of 

regulatory policies that have tribal 

implications.’’ ‘‘Policies that have tribal 

implications’’ is defined in the 

Executive Order to include regulations 

that have ‘‘substantial direct effects on 

one or more Indian tribes, on the 

relationship between the Federal 

Government and the Indian tribes, or on 

the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes.’’ This 

rule will not have substantial direct 

effects on tribal governments, on the 

relationship between the Federal 

Government and Indian tribes, or on the 

distribution of power and 

responsibilities between the Federal 

Government and Indian tribes, as 

specified in Executive Order 13175. 

Thus, Executive Order 13175 does not 

apply to this rule. 

VII. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. 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: March 5, 2007. 

Lois Rossi, 

Director, Registration Division, Office of 

Pesticide Programs. 

■ Therefore, 40 CFR chapter I is 

amended as follows: 


cprice-sewell on PROD1PC66 with RULES
Federal Register / Vol. 72, No. 49 / Wednesday, March 14, 2007 / Rules and Regulations 11789 

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 180.451 is amended by 

alphabetically adding commodities to 

the table in paragraph (a) to read as 

follows: 

§ 180.451 Tribenuron methyl; tolerances 

for residues. 

(a) * * * 

Commodity Parts per million 

*****

Corn, field, forage ................................................................................................................................................................ 0.05 

Corn, field, grain .................................................................................................................................................................. 0.05 

Corn, field, stover ................................................................................................................................................................ 0.05 

*****

Rice, grain ............................................................................................................................................................................ 0.05 

Rice, straw ........................................................................................................................................................................... 0.05 

Sorghum, grain, forage ........................................................................................................................................................ 0.05 

Sorghum, grain, grain .......................................................................................................................................................... 0.05 

Sorghum, grain, stover ........................................................................................................................................................ 0.05 

Soybean, seed ..................................................................................................................................................................... 0.05 

Sunflower, seed ................................................................................................................................................................... 0.05 

*****

* * * * * 

[FR Doc. E7–4645 Filed 3–13–07; 8:45 am] 

BILLING CODE 6560–50–S 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 64 

[CG Docket 03–123; DA 06–2532] 

Telecommunications Relay Services 

and Speech-to-Speech Services for 

Individuals With Hearing and Speech 

Disabilities 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule; extension of waiver. 

SUMMARY: In this document, the 

Commission extends for an additional 

year the waiver of the emergency call 

handling requirement for providers of 

Video Relay Service (VRS). The 

Commission extends the waiver for one 

year in view of continued technological 

challenges to determining the 

geographic location of 

telecommunications relay service (TRS) 

calls that originate via the Internet. 

DATES: The waiver of the emergency call 

handling requirement will expire on 

January 1, 2008, or upon the release of 

an order addressing the VRS emergency 

call handling issue, whichever comes 

first. 

FOR FURTHER INFORMATION CONTACT: 

Thomas Chandler, (202) 418–1475 

(voice), (202) 418–0597 (TTY), or e-mail 

Thomas.Chandler@fcc.gov. 

SUPPLEMENTARY INFORMATION: On 

December 31, 2001, the Commission 

released Telecommunications Relay 

Services and Speech-to-Speech Services 

for Individuals with Hearing and Speech 

Disabilities, Waiver Order, DA 01–3029, 

CC Docket No. 98–67, 17 FCC Rcd 157 

(2001), granting VRS providers a waiver 

until December 31, 2003, of certain TRS 

mandatory minimum standards, 

including the emergency call handling 

requirement. On December 19, 2003, the 

Commission released 

Telecommunications Relay Services and 

Speech-to-Speech Services for 

Individuals with Hearing and Speech 

Disabilities, Order, DA 03–4029, CC 

Docket No. 98–67, 18 FCC Rcd 26309 

(2003), extending the waiver to June 30, 

2004. On June 30, 2004, the Commission 

released Telecommunications Relay 

Services and Speech-to-Speech Services 

for Individuals with Hearing and Speech 

Disabilities, 2004 TRS Report and 

Order, FCC 04–137, CC Docket No. 98–

67, published at 69 FR 53382, 

September 1, 2004, extending the 

waiver until January 1, 2006. On 

December 5, 2005, the Commission 

released Telecommunications Relay 

Services and Speech-to-Speech Services 

for Individuals with Hearing and Speech 

Disabilities, Order, DA 05–3139, CG 

Docket No. 03–123, published at 70 FR 

76712, December 28, 2005, again 

extending the waiver until January 1, 

2007. This is a summary of the 

Commission’s document DA 06–2532, 

adopted December 15, 2006, released 

December 15, 2006. 

To request materials in accessible 

formats for people with disabilities 

(Braille, large print, electronic files, 

audio format), send an e-mail to 

fcc504@fcc.gov or call the Consumer & 

Governmental Affairs Bureau at (202) 

418–0530 (voice) or (202) 418–0432 

(TTY). The Commission’s document DA 

06–2532 can also be downloaded in 

Word and Portable Document Format 

(PDF) at http://www.fcc.gov/cgb.dro. 

Synopsis 

The Commission’s TRS regulations set 

forth operational, technical, and 

functional mandatory minimum 

standards applicable to the provision of 

TRS. See 47 CFR 64.604 of the 

Commission’s rules (the TRS 

‘‘mandatory minimum standards’’). To 

be eligible for reimbursement from the 

Interstate TRS Fund for the provision of 

TRS, the provider must offer service in 

compliance with all applicable 

mandatory minimum standards, unless 

waived. See Telecommunications Relay 

Services and Speech-to-Speech Services 

for Individuals with Hearing and Speech 

Disabilities, Report and Order and 

Further Notice of Proposed Rulemaking 

(Improved TRS Order and FNPRM), FCC 

00–56, CC Docket No. 98–67, published 

at 65 FR 38432, June 21, 2000 and 65 

FR 38490, June 21, 2000. 

The mandatory minimum standards 

require TRS providers to handle 

emergency calls by immediately and 

automatically transferring the calls to an 

appropriate public safety answering 

point (PSAP). See 47 CFR 64.604(a)(4) of 

the Commission’s rules. The 

Commission recognized that many 

individuals use VRS and IP Relay to 

contact emergency services despite the 

fact that persons with hearing and 

speech disabilities can make calls 

directly to the PSAP by calling 911 

through a TTY and a traditional 

telephone line. See 

Telecommunications Relay Services and 

Speech-to-Speech Services for 

Individuals with Hearing and Speech 

Disabilities, Notice of Proposed 

Rulemaking (VRS 911 NPRM), FCC 05–

196, CG Docket No. 03–123, published 

at 71 FR 5221, February 1, 2006. 

Regulations require state and local 

governments to make emergency 


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