Federal Register / Vol. 72, No. 79 / Wednesday, April 25, 2007 / Proposed Rules 20489 

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. 

Docket: All documents in the 

electronic docket are listed in the 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, i.e., 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 either 

electronically in www.regulations.gov or 

in hard copy during normal business 

hours at the Air Protection Division, 

U.S. Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

Copies of the State submittal are 

available at the Maryland Department of 

the Environment, 1800 Washington 

Boulevard, Suite 705, Baltimore, 

Maryland 21230. 

FOR FURTHER INFORMATION CONTACT: Paul 

Arnold, (215) 814–2194, or by e-mail at 

arnold.paul@epa.gov. 

SUPPLEMENTARY INFORMATION: For 

further information, please see the 

information provided in the direct final 

action, with the same title, that is 

located in the ‘‘Rules and Regulations’’

section of this Federal Register 

publication. 

Dated: April 17, 2007. 

Donald S. Welsh, 

Regional Administrator, Region III. 

[FR Doc. E7–7920 Filed 4–24–07; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 174 and 180 

[EPA–HQ–OPP–2005–0117; FRL–7742–3] 

Proposed Administrative Revisions to 

Plant-Incorporated Protectant 

Tolerance Exemptions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to move 

existing active and inert ingredient 

plant-incorporated protectant tolerance 

exemptions from 40 CFR part 180 

(Tolerances and Exemptions from 

Tolerances for Pesticide Chemicals in 

Food) to 40 CFR part 174 (Procedures 

and Requirements for PlantIncorporated Protectants) subpart W 

(Tolerances and Tolerance Exemptions). 

EPA is also proposing some conforming 

changes to the text of the individual 

exemptions, so that they are consistent 

with part 174, as well as some minor 

technical corrections to the wording of 

certain individual exemptions. This 

action is administrative in nature and 

no substantive changes are intended. 

We are proposing these administrative 

revisions to plant-incorporated 

protectant tolerance exemptions to take 

into account the promulgation of 40 

CFR part 174, 66 FR 37814, July 19, 

2001. 

DATES: Comments, identified by docket 

ID number EPA–HQ–OPP–2005–0117, 

must be received on or before May 25, 

2007. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2005–0117, 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. 

Instructions: Direct your comments to 

docket ID number EPA–HQ–OPP–2005–

0117. EPA’s policy is that all comments 

received will be included in the docket 

without change and may be made 

available on-line 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 regulations.gov or email. The Federal regulations.gov 

website 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 regulations.gov, your email address will be automatically 

captured and included as part of the 

comment that is placed in the 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. 

Docket: All documents in the docket 

are listed in the docket index available 

in regulations.gov. To access the 

electronic docket, go to http:// 

www.regulations.gov, select ‘‘Advanced 

Search,’’ then ‘‘Docket Search.’’ Insert 

the docket ID number where indicated 

and select the ‘‘Submit’’ button. Follow 

the instructions on the regulations.gov 

web site to view the docket index or 

access available documents. 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, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 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 hours of operation 

of this Docket Facility are 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: 

Mike Mendelsohn, Biopesticides and 

Pollution Prevention Division (BPPD) 

(7511P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

(703) 308–8715; fax number: (703) 308–

8715; e-mail address: 

mendelsohn.mike@epa.gov. 

SUPPLEMENTARY INFORMATION: 


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20490 Federal Register / Vol. 72, No. 79 / Wednesday, April 25, 2007 / Proposed Rules 

I. General Information 

A. Does this Action Apply to Me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. Potentially 

affected entities may include, but are 

not limited to: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

This listing is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

affected by this action. Other types of 

entities not listed in this unit could also 

be affected. The North American 

Industrial Classification System 

(NAICS) codes have been provided to 

assist you and others in determining 

whether this action might apply to 

certain entities. To determine whether 

you or your business may be affected by 

this action, you should carefully 

examine the applicability provisions in 

[insert appropriate cite to either another 

unit in the preamble or a section in a 

rule]. 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. What Should I Consider as I Prepare 

My Comments for EPA? 

1. Submitting CBI. Do not submit this 

information to EPA through 

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: 

i. Identify the document by docket ID 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

ii. 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. 

iii. Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

iv. Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

v. If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

vi. Provide specific examples to 

illustrate your concerns and suggest 

alternatives. 

vii. Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

viii. Make sure to submit your 

comments by the comment period 

deadline identified. 

II. Background 

In 2001, EPA published a final rule, 

establishing certain basic parameters of 

its regulatory program under FIFRA for 

a specific class of pesticide products—

plant-incorporated protectants. (66 FR 

37772, July 19, 2001). EPA defined these 

products as pesticidal substances, along 

with the genetic material necessary to 

produce them, when produced and used 

in living plants, As part of that rule, 

EPA changed the name of this type of 

pesticide from ‘‘plant-pesticide’’ to 

‘‘plant-incorporated protectant.’’ EPA 

also established a new part in the Code 

of Federal Regulations (CFR) 

specifically for plant-incorporated 

protectants. In the same issue of the 

Federal Register, EPA established a 

blanket tolerance exemption for all 

residues of nucleic acids that are part of 

a plant-incorporated protectant. (66 FR 

37817, July 19, 2001). See 40 CFR 

174.475. 

In this notice, the Agency is 

proposing to make minor technical 

changes to conform the wording of 

certain individual tolerance exemptions 

with the above regulations. 

This action is being proposed under 

sections 408 (e)(1)(B) of the Federal 

Food, Drug and Cosmetic Act (FFDCA), 

21 U.S.C. 346a (e)(1)(B). 

Section 408(e)(1)(B)provides that the 

Administrator may issue a regulation 

modifying an exemption of a pesticide 

chemical residue from the requirement 

of a tolerance. 21 U.S.C. 346a (e)(1)(B). 

Because EPA is making no substantive 

modifications to the tolerance 

exemptions, the Agency has not made 

separate findings regarding the safety of 

the individual exemptions. EPA 

believes that the safety standard is 

applicable only where the Agency takes 

affirmative action to either substantively 

modify the tolerance exemption, or has 

reviewed the tolerance exemption and 

determined to leave it in effect. EPA is 

taking neither action in this notice, but 

is merely making technical 

modifications to conform the wording of 

the individual exemptions to wording 

that is consistent with the surrounding 

regulations. 

A. What Action is the Agency Taking? 

In 2001, EPA published a final rule, 

establishing certain basic parameters of 

its regulatory program under FIFRA for 

a specific class of pesticide products—

plant-incorporated protectants. (66 FR 

37772, July 19, 2001). EPA defined these 

products as pesticidal substances, along 

with the genetic material necessary to 

produce them, when produced and used 

in living plants, As part of that rule, 

EPA changed the name of this type of 

pesticide from ‘‘plant-pesticide’’ to 

‘‘plant-incorporated protectant.’’ EPA 

also established a new part in the Code 

of Federal Regulations (CFR) 

specifically for plant-incorporated 

protectants. In the same issue of the 

Federal Register, EPA established a 

blanket tolerance exemption for all 

residues of nucleic acids that are part of 

a plant-incorporated protectant. (66 FR 

37817, July 19, 2001). See 40 CFR 

174.475. 

In this notice, the Agency is 

proposing to make minor technical 

changes to conform the wording of 

certain individual tolerance exemptions 

with the above regulations. 

The Agency is proposing to move the 

following tolerance exemptions listed 

under 40 CFR part 180 (Tolerances and 

Exemptions from Tolerances for 

Pesticide Chemicals in Food) to 40 CFR 

part 174 in order to consolidate all 

plant-incorporated protectant specific 

regulations in the same part. 

Old Section Redesignated as 

New section 

180.1134 174.521 

180.1147 174.509 

180.1151 174.522 

180.1155 174.510 

180.1173 174.511 

180.1174 174.523 

180.1182 174.512 

180.1183 174.513 

180.1184 174.514 

180.1185 174.515 


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Old Section Redesignated as 

New section 

180.1186 174.516 

180.1190 174.524 

180.1192 174.517 

180.1214 174.518 

180.1215 174.519 

180.1216 174.525 

180.1217 174.520 

180.1249 174.526 

180.1252 174.527 

The Agency is also proposing to make 

some conforming changes to the 

wording of the exemptions, so that they 

are consistent with the provisions 

already in part 174. These changes 

consist of revising the term ‘‘plantpesticides’’ in these exemptions to 

‘‘plant-incorporated protectants’’ and 

changing the term ‘‘vegetative 

insecticidal protein’’ to the more broad 

term ‘‘plant-incorporated protectant.’’

Further, for these exemptions, as well 

as those found under 40 CFR 174.452, 

174.453, 174.454, 174.455, 174.456, 

174.457, and 174.458 (proposed to be 

redesignated as §§ 174.501, 174.502, 

174.503, 174.504, 174.505, 174.506, and 

174.528, respectively) EPA is also 

proposing to delete the references to the 

‘‘genetic material necessary for its 

production’’ and ‘‘regulatory regions,’’

as well as the definitions of these terms, 

from individual tolerance exemptions. 

As noted in Unit II.A., EPA established 

a blanket tolerance exemption for 

nucleic acids, which includes the 

residues of genetic material necessary 

for the production of pesticidal 

substances in living plants, and residues 

of the genetic material necessary to 

produce any inert ingredient. See 40 

CFR 174.475 (proposed to be 

redesignated as § 174.507). Retaining the 

references to the genetic material 

necessary for the production of the 

individual substances, and to regulatory 

regions in the text of the individual 

exemptions would be wholly 

duplicative of 40 CFR 174.475, and has 

the potential to cause confusion as to 

the intended scope of that provision. 

Accordingly, the Agency is removing 

these references. These deletions will in 

no way affect the legal status of such 

residues, given the provisions at 40 CFR 

174.475. 

Similarly, inclusion of the definitions 

of these terms in the individual 

exemptions becomes unnecessary once 

the exemptions are moved to part 174, 

as the terms are defined at § 174.3, 

which is generally applicable to all 

regulations contained in part 174. 

Moreover, the wording of the definitions 

varies slightly between some of the 

individual tolerance exemptions. While 

the Agency does not believe that there 

is any substantive difference between 

the different formulations, to avoid any 

confusion, EPA has chosen to delete the 

definitions from the individual 

tolerance exemptions. The deletion of 

these definitions from the individual 

tolerance exemptions will in no way 

affect the legal status of the residues 

exempted. 

Further, for these exemptions and for 

40 CFR 174.451 Scope and Purpose, 

(proposed to be redesignated as 

§ 174.500) EPA is proposing to change 

the terms ‘‘plant raw agricultural 

commodities,’’ ‘‘Raw agricultural 

commodities,’’ ‘‘raw agricultural 

commodities, in food, and in animal 

feeds,’’ ‘‘plant RACs,’’ and ‘‘plant 

commodities’’ to read ‘‘food 

commodities.’’ While the Agency does 

not believe that there is any substantive 

difference between the different 

formulations, to avoid any confusion, 

EPA is proposing to use the one term 

‘‘food commodities.’’ This change will 

in no way affect the legal status of the 

residues exempted. 

EPA is proposing to change the term 

‘‘delta-endotoxin’’ to ‘‘Cry protein’’ and 

to remove any subspecies designations 

for Bacillus thuringiensis PIPs. The 

terms ‘‘delta-endotoxin’’ and ‘‘Cry 

protein’’ are redundant. While the 

Agency does not believe that there is 

any substantive difference between 

these different formulations, to avoid 

any confusion, EPA has chosen to use 

the one term ‘‘Cry protein’’ without a 

subspecies designation. This change 

will in no way affect the legal status of 

the residues exempted. 

EPA is proposing to add the term 

‘‘enzyme’’ to descriptions of current PIP 

inert ingredients to clarify the function 

of these proteins and make classification 

easier for the layman. While the Agency 

does not believe that there is any 

substantive difference between these 

and the current naming formulations, to 

clarify the function of these proteins 

and make classification easier for the 

layman, EPA has chosen to add the term 

‘‘enzyme.’’ This change will in no way 

affect the legal status of the residues 

exempted. 

EPA is proposing to update Bacillus 

thuringiensis derived plant-incorporated 

protectant exemptions to conform to 

updated nomenclature as determined by 

the Bacillus thuringiensis Pesticidal 

Crystal Proteins Nomenclature 

Committee, a non-governmental 

scientific committee, http:// 

www.biols.susx.ac.uk/home/ 

NeillCrickmore/Bt/. The changes will 

standardize the tolerance exemption 

descriptions by listing the ‘‘residues of’’

portion of the exemption first and by 

listing field corn, sweet corn, and 

popcorn as corn; corn, field; corn, 

sweet; and corn, pop. Those changes 

will in no way affect the legal status of 

the residues exempted. 

EPA is proposing to redesignate 

§ 180.1183, Potato Leaf Roll Virus 

Resistance Gene (also known as orf1/ 

orf2 gene) and the genetic material 

necessary for its production, as 

§ 174.513 and to add language to the 

exemption to clarify that residues in or 

on all food commodities are covered 

under this regulation. The phrase ‘‘in or 

on all raw agricultural commodities’’

was inadvertently excluded from the 

regulatory text of this exemption. 

However, the preamble to the rule 

clearly stated the Agency’s intention to 

exempt residues of this product in or on 

all raw agricultural commodities. See 62 

FR 43650, August 15, 1997. In addition, 

EPA’s findings and supporting analyses 

concerning the safety of these residues 

addressed residues in or on all raw 

agricultural commodities. The inclusion 

of the phrase ‘‘all food commodities’’ in 

the individual tolerance exemption will 

in no way affect the legal status of the 

residues covered by the regulation. 

Finally, EPA proposing to redesignate 

§ 180.1174, CP4 Enolpyruvylshikimate3-phosphate (CP4 EPSPS) and the 

genetic material necessary for its 

production in all plants, as § 174.523 

and to add language to the exemption to 

clarify that this PIP inert ingredient is a 

synthase. The word ‘‘synthase’’

corresponds to the last ‘‘S’’ in ‘‘CP4 

EPSPS’’ and was inadvertently excluded 

from the exemption. However, the 

proposed rule clearly stated ‘‘synthase’’

in describing the ingredient. See 60 FR 

54689, October 25, 1995. The inclusion 

of the phrase ‘‘synthase’’ in the 

individual tolerance exemption will in 

no way affect the legal status of the 

residues covered by the regulation. 

The specific tolerance exemptions 

EPA is proposing to move to part 174, 

as they currently appear in the CFR, 

follow immediately below. The 

proposed revised tolerance language 

appears at the end of the document, as 

proposed regulatory text. While EPA 

believes that it has accurately 

transferred each of the tolerance 

exemptions included in this proposed 

rule, the Agency would appreciate 

readers notifying EPA of discrepancies, 

omissions or technical problems by 

submitting them to the address or e-mail 


cprice-sewell on PRODPC61 with PROPOSALS
20492 Federal Register / Vol. 72, No. 79 / Wednesday, April 25, 2007 / Proposed Rules 

address under FOR FURTHER INFORMATION

CONTACT. 

B. What is the Agency’s Authority for 

Taking this Action? 

This action is being proposed under 

sections 408 (e)(1)(B) of the Federal 

Food, Drug and Cosmetic Act (FFDCA), 

21 U.S.C. 346a (e)(1)(B). 

Section 408(e)(1)(B) provides that the 

Administrator may issue a regulation 

modifying an exemption of a pesticide 

chemical residue from the requirement 

of a tolerance, 21 U.S.C. 346a (e)(1)(B). 

III. Statutory and Executive Order 

Reviews 

A. Executive Order 12866 

Under Executive Order 12866, 58 FR 

51735, October 4, 1993, the Agency 

must determine whether the regulatory 

action is ‘‘significant’’ and therefore 

subject to OMB review and the 

requirements of the Executive Order. 

The Order defines ‘‘significant 

regulatory action’’ as one that is likely 

to result in a rule that may: (1) Have an 

annual effect on the economy of $100 

million or more or adversely affect in a 

material way the economy, a sector of 

the economy, productivity, competition, 

jobs, the environment, public health or 

safety, or State, local, or tribal 

governments or communities; (2) create 

a serious inconsistency or otherwise 

interfere with an action taken or 

planned by another agency; (3) 

materially alter the budgetary impact of 

entitlements, grants, user fees, or loan 

programs or the rights and obligations of 

recipients thereof; or (4) raise novel 

legal or policy issues arising out of legal 

mandates, the President’s priorities, or 

the principles set forth in the Executive 

Order. It has been determined that this 

rule is not a ‘‘significant regulatory 

action’’ under the terms of Executive 

Order 12866 and is therefore not subject 

to OMB review. 

B. Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

generally requires an agency to prepare 

a regulatory flexibility analysis of any 

rule subject to notice and comment 

rulemaking requirements under the 

Administrative Procedure Act or any 

other statute unless the agency certifies 

that the rule will not have a significant 

economic impact on a substantial 

number of small entities. Small entities 

include small businesses, small 

organizations, and small governmental 

jurisdictions. For purposes of assessing the impacts 

of today’s rule on small entities, small 

entity is defined as: (1) a small business 

as defined by the Small Business 

Administration’s (SBA) regulations at 13 

CFR 121.201; (2) a small governmental 

jurisdiction that is a government of a 

city, county, town, school district or 

special district with a population of less 

than 50,000; and (3) a small 

organization that is any not-for-profit 

enterprise which is independently 

owned and operated and is not 

dominant in its field. 

After considering the economic 

impacts of today’s final rule on small 

entities, I certify that this action will not 

have a significant economic impact on 

a substantial number of small entities. 

This final rule will not impose any 

requirements on small entities since this 

action is administrative in nature and 

no substantive changes are being made. 

IV. 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 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 the rule in 

the Federal Register. This rule is not a 

‘‘major rule’’ as defined by 5 U.S.C. 

804(2). 

List of Subjects 

40 CFR Part 174 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements, Plant-incorporated 

protectants. 

40 CFR Part 180 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: April 12, 2007. 

Janet L. Andersen, 

Director, Biopesticides and Pollution 

Prevention Division, Office of Pesticide 

Programs. 

Therefore, Title 40, chapter I of the 

Code of Federal Regulations is proposed 

to be 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. In the following table, the sections 

in the first column are transferred to 40 

CFR part 174, subpart W and 

redesignated as the sections in the 

second column. 

Old Section Redesignated as 

New section 

180.1134 174.521 

180.1147 174.509 

180.1151 174.522 

180.1155 174.510 

180.1173 174.511 

180.1174 174.523 

180.1182 174.512 

180.1183 174.513 

180.1184 174.514 

180.1185 174.515 

180.1186 174.516 

180.1190 174.524 

180.1192 174.517 

180.1214 174.518 

180.1215 174.519 

180.1216 174.525 

180.1217 174.520 

180.1249 174.526 

180.1252 174.527 

§§ 180.1227 and 180.1242 [Removed] 

3. Section 180.1227 and 180.1242 are 

removed. 

PART 174—[AMENDED] 

4. The authority citation for part 174 

continues to read as follows: 

Authority: 7 U.S.C. 136 - 136y; 21 U.S.C. 

346a and 371. 

§ 174.21 [Amended] 

5. Section 174.21 is amended as 

follows: 

i. In paragraph (b) by revising the 

reference ‘‘§§ 174.475 through 174.479’’

to read ‘‘§§ 174.507 through 174.508.’’

ii. In paragraph (c) by revising the 

reference ‘‘§§ 174.485 through 174.490’’

to read ‘‘§ 174.705.’’

§§ 174.475 and 174.479 [Redesignated as 

§§ 174.507 and 174.508] 

6. Sections 174.475 and 174.479 are 

redesignated as §§ 174.507 and 174.508, 

respectively. 


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§§ 174.480 and 174.485 [Redesignated as 

§§ 174.700 and 174.705] 

7. Sections 174.480 and 174.485 are 

redesignated as § 174.700 and § 174.705, 

respectively and remain in subpart X. 

8. Sections 174.451, 174.452, 174.453, 

174.454, 174.455, 174.456, and 174.457 

are redesignated as §§ 174.500, 174.501, 

174,502, 174.503, 174.504, 174.505, and 

174.506, respectively, and revised to 

read as follows: 

§ 174.500 Scope and purpose. 

This subpart lists the tolerances and 

exemptions from the requirement of a 

tolerance for residues of plantincorporated protectants in or on food 

commodities. 

§ 174.501 Bacillus thuringiensis VIP3A 

protein; temporary exemption from the 

requirement of a tolerance. 

Residue of Bacillus thuringiensis 

VIP3A protein are temporarily exempt 

from the requirement of a tolerance 

when used as a plant-incorporated 

protectant in cotton seed, cotton oil, 

cotton meal, cotton hay, cotton hulls, 

cotton forage, and cotton gin 

byproducts. This temporary exemption 

from the requirement of a tolerance 

expires May 1, 2007. 

§ 174.502 Bacillus thuringiensis Cry1A.105 

protein in corn; temporary exemption from 

the requirement of a tolerance. 

Residues of Bacillus thuringiensis 

Cry1A.105 protein in corn are exempt 

from the requirement of a tolerance 

when used as plant-incorporated 

protectant in the food and feed 

commodities of corn; corn, field; corn, 

sweet; and corn, pop. This temporary 

exemption from the requirement of a 

tolerance will permit the use of the food 

commodities in this paragraph when 

treated in accordance with the 

provisions of the experimental use 

permit 524–EUP–97 which is being 

issued under the Federal Insecticide, 

Fungicide, and Rodenticide Act 

(FIFRA), as amended (7 U.S.C. 136). 

This temporary exemption from the 

requirement of a tolerance expires and 

is revoked June 30, 2009; however, if the 

experimental use permit is revoked, or 

if any experience with or scientific data 

on this pesticide indicate that the 

tolerance is not safe, this temporary 

exemption from the requirement of a 

tolerance may be revoked at any time. 

§ 174.503 Bacillus thuringiensis Cry2Ab2 

protein in corn; temporary exemption from 

the requirement of a tolerance. 

Residues of Bacillus thuringiensis 

Cry2Ab2 protein in corn are exempt 

from the requirement of a tolerance 

when used as plant-incorporated 

protectant in the food and feed 

commodities of corn; corn, field; corn, 

sweet; and corn, pop. This temporary 

exemption from the requirement of a 

tolerance will permit the use of the food 

commodities in this paragraph when 

treated in accordance with the 

provisions of the experimental use 

permit 524–EUP–97 which is being 

issued under the Federal Insecticide, 

Fungicide, and Rodenticide Act 

(FIFRA), as amended (7 U.S.C. 136). 

This temporary exemption from the 

requirement of a tolerance expires and 

is revoked June 30, 2009; however, if the 

experimental use permit is revoked, or 

if any experience with or scientific data 

on this pesticide indicate that the 

tolerance is not safe, this temporary 

exemption from the requirement of a 

tolerance may be revoked at any time. 

§ 174.504 Bacillus thuringiensis Cry1F 

protein in cotton; exemption from the 

requirement of a tolerance. 

Residues of Bacillus thuringiensis 

Cry1F protein in cotton are exempt from 

the requirement of a tolerance when 

used as a plant-incorporated protectant 

in food and feed commodities of cotton. 

§ 174.505 Bacillus thuringiensis modified 

Cry3A protein (mCry3A) in corn; exemption 

from the requirement of a tolerance. 

Residues of Bacillus thuringiensis 

modified Cry3A protein (mCry3A) in 

corn are exempt from the requirement of 

a tolerance when used as plantincorporated protectant in the food and 

feed commodities of corn; corn, field; 

corn, sweet; and corn, pop. 

§ 174.506 Bacillus thuringiensis Cry34Ab1 

and Cry35Ab1 proteins in corn; exemption 

from the requirement of a tolerance. 

Residues of Bacillus thuringiensis 

Cry34Ab1 and Cry35Ab1 proteins in 

corn are exempted from the requirement 

of a tolerance when used as plantincorporated protectants in the food and 

feed commodities of corn; corn, field; 

corn, sweet; and corn, pop. 

9. Newly redesignated §§ 174.509 

through 174.527 are revised to read as 

follows: 

§ 174.509 Bacillus thuringiensis Cry3A 

protein; exemption from the requirement of 

a tolerance. 

Residues of Bacillus thuringiensis 

Cry3A protein are exempted from the 

requirement of a tolerance when used as 

a plant-incorporated protectant in 

potatoes. 

§ 174.510 Bacillus thuringiensis Cry1Ac 

protein in all plants; exemption from the 

requirement of a tolerance. 

Residues of Bacillus thuringiensis 

Cry1Ac protein in all plants are exempt 

from the requirement of a tolerance 

when used as plant-incorporated 

protectants in all food commodities. 

§ 174.511 Bacillus thuringiensis Cry1Ab 

protein in all plants; exemption from the 

requirement of a tolerance. 

Residues of Bacillus thuringiensis 

Cry1Ab protein in all plants are exempt 

from the requirement of a tolerance 

when used as plant-incorporated 

protectants in all food commodities. 

§ 174.512 Coat Protein of Potato Virus Y; 

exemption from the requirement of a 

tolerance. 

Residues of Coat Protein of Potato 

Virus Y are exempt from the 

requirement of a tolerance when used as 

a plant-incorporated protectant in or on 

all food commodities. 

§ 174.513 Potato Leaf Roll Virus 

Resistance Gene (also known as orf1/orf2 

gene); exemption from the requirement of a 

tolerance. 

An exemption from the requirement 

of a tolerance is established for residues 

of the plant-incorporated protectant 

Potato Leaf Roll Virus Resistance Gene 

(also known as orf1/orf2 gene) in or on 

all food commodities. 

§ 174.514 Coat Protein of Watermelon 

Mosaic Virus-2 and Zucchini Yellow Mosaic 

Virus; exemption from the requirement for 

a tolerance. 

Residues of Coat Protein of 

Watermelon Mosaic Virus-2 and 

Zucchini Yellow Mosaic Virus are 

exempt from the requirement of a 

tolerance when used as a plantincorporated protectant in or on all food 

commodities. 

§ 174.515 Coat Protein of Papaya Ringspot 

Virus; exemption from the requirement of a 

tolerance. 

Residues of Coat Protein of Papaya 

Ringspot Virus are exempt from the 

requirement of a tolerance when used as 

a plant-incorporated protectant in or on 

all food commodities. 

§ 174.516 Coat protein of cucumber 

mosaic virus; exemption from the 

requirement of a tolerance. 

Residues of Coat Protein of Cucumber 

Mosaic Virus are exempt from the 

requirement of a tolerance when used as 

a plant-incorporated protectant in or on 

all food commodities. 

§ 174.517 Bacillus thuringiensis Cry9C 

protein in corn; exemption from the 

requirement of a tolerance. 

The plant-incorporated protectant 

Bacillus thuringiensis Cry9C protein in 

corn is exempted from the requirement 

of a tolerance for residues, only in corn 

used for feed; as well as in meat, 

poultry, milk, or eggs resulting from 

animals fed such feed. 


cprice-sewell on PRODPC61 with PROPOSALS
20494 Federal Register / Vol. 72, No. 79 / Wednesday, April 25, 2007 / Proposed Rules 

§ 174.518 Bacillus thuringiensis Cry3Bb1 

protein in corn; exemption from the 

requirement of a tolerance. 

Residues of Bacillus thuringiensis 

Cry3Bb1 protein in corn are exempt 

from the requirement of a tolerance 

when used as plant-incorporated 

protectants in the food and feed 

commodities of corn; corn, field; corn, 

sweet; and corn, pop. 

§ 174.519 Bacillus thuringiensis Cry2Ab2 

protein in cotton; exemption from the 

requirement of a tolerance. 

Residues of Bacillus thuringiensis 

Cry2Ab2 protein in cotton is exempt 

from the requirement of a tolerance 

when used as a plant-incorporated 

protectant in the food and feed 

commodities, cotton seed, cotton oil, 

cotton meal, cotton hay, cotton hulls, 

cotton forage, and cotton gin 

byproducts. 

§ 174.520 Bacillus thuringiensis Cry1F 

protein in corn; exemption from the 

requirement of a tolerance. 

Residues of Bacillus thuringiensis 

Cry1F protein in corn are exempt from 

the requirement of a tolerance when 

used as plant-incorporated protectants 

in the food and feed commodities of 

corn; corn, field; corn, sweet; and corn, 

pop. 

§ 174.521 Neomycin phosphotransferase 

II; exemption from the requirement of a 

tolerance. 

Residues of the neomycin 

phosphotransferase II (NPTII) enzyme 

are exempted from the requirement of a 

tolerance in all food commodities when 

used as a plant-incorporated protectant 

inert ingredient. 

§ 174.522 Phosphinothricin 

Acetyltransferase (PAT); exemption from 

the requirement of a tolerance. 

Residues of the Phosphinothricin 

Acetyltransferase (PAT) enzyme are 

exempt from the requirement of a 

tolerance when used as plantincorporated protectant inert 

ingredients in all food commodities. 

§ 174.523 CP4 Enolpyruvylshikimate-3- 

phosphate (CP4 EPSPS) synthase in all 

plants; exemption from the requirement of 

a tolerance. 

Residues of the CP4 

Enolpyruvylshikimate-3-phosphate (CP4 

EPSPS) synthase enzyme in all plants 

are exempt from the requirement of a 

tolerance when used as plantincorporated protectant inert 

ingredients in all food commodities. 

§ 174.524 Glyphosate Oxidoreductase 

GOX or GOXv247 in all plants; exemption 

from the requirement of a tolerance. 

Residues of the Glyphosate 

Oxidoreductase GOX or GOXv247 

enzyme in all plants are exempt from 

the requirement of a tolerance when 

used as plant-incorporated protectant 

inert ingredients in all food 

commodities. 

§ 174.525 E. coli B-D-glucuronidase 

enzyme as a plant-incorporated protectant 

inert ingredient; exemption from the 

requirement of a tolerance. 

Residues of E. coli B-D-glucuronidase 

enzyme are exempt from the 

requirement of a tolerance when used as 

a plant-incorporated protectant inert 

ingredient in all food commodities. 

§ 174.526 Hygromycin B 

phosphotransferase (APH4) marker protein 

in all plants; exemption from the 

requirement of a tolerance. 

Residues of the Hygromycin B 

phosphotransferase (APH4) enzyme in 

all plants are exempt from the 

requirement of a tolerance when used as 

a plant-incorporated protectant inert 

ingredient in cotton. 

§ 174.527 Phosphomannose isomerase in 

all plants; exemption from the requirement 

of a tolerance. 

Residues of the phosphomannose 

isomerase (PMI) enzyme in plants are 

exempt from the requirement of a 

tolerance when used as plantincorporated protectant inert 

ingredients in all food commodities. 

10. Section 174.458 is redesignated as 

§ 174.528 and revised to read as follows: 

§ 174.528 Bacillus thuringiensis Vip3Aa20 

protein; temporary exemption from the 

requirement of a tolerance. 

Residues of Bacillus thuringiensis 

Vip3Aa20 protein in corn are 

temporarily exempt from the 

requirement of a tolerance when used as 

a plant-incorporated protectant in the 

food and feed commodities of corn; 

corn, field; corn, sweet; corn, pop. This 

temporary exemption from the 

requirement of tolerance will permit the 

use of the food commodities in this 

paragraph when treated in accordance 

with the provisions of the experimental 

use permit 67979–EUP–6, which is 

being issued in accordance with the 

provisions of the Federal Insecticide, 

Fungicide, and Rodenticide Act 

(FIFRA), as amended (7 U.S.C. 136). 

This temporary exemption from the 

requirement of a tolerance expires and 

is revoked March 31, 2008; however, if 

the experimental use permit is revoked, 

or if any experience with or scientific 

data on this pesticide indicate that the 

temporary tolerance exemption is not 

safe, this temporary exemption from the 

requirement of a tolerance may be 

revoked at any time. 

[FR Doc. E7–7767 Filed 4–24–07; 8:45 am] 

BILLING CODE 6560–50–S 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 101 

[WT Docket No. 07–54; RM–11043; FCC 07–

38] 

Amendment of the Commission’s 

Rules To Modify Antenna 

Requirements for the 10.7–11.7 GHz 

Band 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: In this document, we seek 

comment on modifying the 

Commission’s Rules to permit the 

installation of smaller antennas by 

Fixed Service (FS) operators in response 

to a petition for rulemaking filed by 

FiberTower, Inc. (FiberTower). In 

particular, we seek comment on 

whether these modifications would 

serve the public interest by facilitating 

the efficient use of the 11 GHz band 

while protecting other users in the band 

from interference due to the use of 

smaller antennas. 

DATES: Comments must be filed on or 

before May 25, 2007, and reply 

comments must be filed on or before 

June 11, 2007. 

ADDRESSES: Federal Communications 

Commission, 445 12th Street, SW., 

Washington, DC 20554. You may submit 

comments, identified by WT Docket No. 

07–54, by any of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Federal Communications 

Commission’s Web Site: http:// 

www.fcc.gov/cgb/ecfs/. Follow the 

instructions for submitting comments. 

• People with Disabilities: Contact the 

FCC to request reasonable 

accommodations (accessible format 

documents, sign language interpreters, 

CART, etc.) by e-mail: FCC504@fcc.gov 

or phone: 202–418–0530 or TTY: 202–

418–0432. 

For detailed instructions for 

submitting comments and additional 

information on the rulemaking process, 

see the SUPPLEMENTARY INFORMATION

section of this document. 

FOR FURTHER INFORMATION CONTACT: 

Brian Wondrack at 202–418–2487. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Notice of 


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