Federal Register / Vol. 72, No. 79 / Wednesday, April 25, 2007 / Rules and Regulations 20431 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 174 and 180 

[EPA–HQ–OPP–2005–0116; FRL–7742–2] 

Administrative Revisions to PlantIncorporated Protectant Tolerance 

Exemptions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct Final Rule. 

SUMMARY: EPA is taking direct final 

action 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. 

EPA is also making some conforming 

changes to the text of the individual 

exemptions being transferred from part 

180 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 made or are 

intended. 

DATES: This Direct Final Rule is 

effective on July 24, 2007 without 

further notice, unless EPA receives 

adverse comment by June 25, 2007. If 

EPA receives such adverse comment, 

EPA will publish a timely withdrawal in 

the Federal Register informing the 

public that this rule will not take effect. 

If this Direct Final Rule becomes 

effective on July 24, 2007, any person 

may file an objection to any aspect of 

this regulation and may also request a 

hearing on those objections. Objections 

and requests for hearings must be 

received on or before September 24, 

2007. 

ADDRESSES: EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ–

OPP–2005–0116. 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. All 

documents in the docket are listed in 

the docket index available in 

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 

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: 

Mike Mendelsohn, Biopesticides and 

Polllution 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–

7026; e-mail address: 

mendelson.mike@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this Action Apply to Me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. Potentially 

affected entities may include, but are 

not limited to: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

This listing is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

affected by this action. Other types of 

entities not listed in this unit could also 

be affected. The North American 

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 parts 174 

and 180 through the Government 

Printing Office’s pilot e-CFR site at 

http://www.gpoaccess.gov/ecfr. 

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–2005–0116 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 September 24, 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–2005–0116, 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 

In 2001, EPA published a final rule, 

establishing certain basic parameters of 

its regulatory program under the Federal 

Insecticide, Fungicide, and Rodenticide 

Act (FIFRA) for a specific class of 


cprice-sewell on PRODPC61 with RULES
20432 Federal Register / Vol. 72, No. 79 / Wednesday, April 25, 2007 / Rules and Regulations 

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 title 40 of 

the Code of Federal Regulations (CFR) 

specifically for plant-incorporated 

protectants (40 CFR part 174). 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 plantincorporated protectant (PIP) (66 FR 

37817, July 19, 2001). See 40 CFR 

174.475. 

A. What Action is the Agency Taking? 

In this Direct Final Rule, the Agency 

is making minor technical changes to 

conform the wording of certain 

individual tolerance exemptions with 

the above regulations. The specific 

technical changes are discussed below. 

The Agency is moving some tolerance 

exemptions listed under 40 CFR part 

180 to 40 CFR part 174 in order to 

consolidate all plant-incorporated 

protectant-specific regulations in the 

same part. 

The Agency is also making some 

conforming changes to the wording of 

the exemptions so that they are 

consistent with the provisions currently 

in part 174. These changes consist of 

revising the term ‘‘plant-pesticides’’ in 

these exemptions to read ‘‘plantincorporated protectants’’ and changing 

the term ‘‘vegetative insecticidal 

protein’’ to the more broad term ‘‘plantincorporated protectant.’’

Further, for these exemptions, as well 

as those found in newly redesignated 40 

CFR 174.501, 174.502, 174.503, 174.504, 

174.505, 174.506, and 174.528 (formerly 

§§ 174.452, 174.453, 174.454, 174.455, 

174.456, 174.457, and 174.458, 

respectively), EPA is also deleting the 

references to the phrase ‘‘genetic 

material necessary for its production’’

and the term ‘‘regulatory regions,’’ as 

well as the definitions of these terms, 

from individual tolerance exemptions. 

As noted above, 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 (40 CFR 174.475 redesignated 

as § 174.507). Retaining the references to 

the phrase ‘‘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 

redesignated 40 CFR 174.507, 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 

174.507. 

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, 

redesignated as § 174.500, EPA is 

changing 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 has chosen to use the one term 

‘‘food commodities.’’ This change will 

in no way affect the legal status of the 

residues exempted. 

EPA is changing the term ‘‘deltaendotoxin’’ to read ‘‘Cry protein’’ and 

removing 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 adding the term ‘‘enzyme’’ to 

descriptions of current PIP inert 

ingredients to clarify the function of 

these proteins and to 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 updating 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/ 

NeilCrickmore/Bt/. EPA is standardizing 

the tolerance exemption descriptions to 

list the ‘‘residues of’’ portion of the 

exemption first and to list field corn, 

sweet corn and popcorn as corn; corn, 

field; corn, sweet; and corn, pop. These 

changes will in no way affect the legal 

status of the residues exempted. 

EPA is adding language to the 

exemption at § 174.513 (redesignated 

from § 180.1183), Potato Leaf Roll Virus 

Resistance Gene (also known as orfl/orf2 

gene), and the genetic material 

necessary for its production 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 is adding language to the 

exemption at § 174.523 (redesignated 

from § 180.1174), CP4 

Enolpyruvylshikimate-3-phosphate 

(GP4 EPSPS), and the genetic material 

necessary for its production in all plants 

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 

Notice of Filing (the pesticide petition) 

clearly stated ‘‘synthase’’ in describing 

the ingredient. See 60 FR 54689, 

October 25, 1995 (FRL–4982–4). 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. 


cprice-sewell on PRODPC61 with RULES
Federal Register / Vol. 72, No. 79 / Wednesday, April 25, 2007 / Rules and Regulations 20433 

The specific tolerance exemptions 

that EPA is transferring from part 180, 

subpart D to part 174, subpart W are 

identified in the codified portion of this 

document. In addition to redesignating 

these sections into part 174, EPA is 

making non-substantive changes to 

terminology and for that reason the 

revised tolerance language that will 

appear in 40 CFR part 174 appears at the 

end of this document as regulatory text. 

While EPA believes that it has 

accurately transferred each of the 

tolerance exemptions included in this 

rule, the Agency would appreciate 

readers notifying EPA of discrepancies, 

omissions or technical problems by 

submitting such comments to the 

address under FOR FURTHER INFORMATION

CONTACT. 

EPA is publishing this rule without 

prior proposal because EPA views this 

as a non-controversial amendment and 

anticipates no adverse comments since 

the changes are entirely administrative 

in nature. As discussed further below, 

these revisions are being made merely to 

make the wording of certain tolerance 

exemptions consistent with the wording 

adopted in subsequent regulations. No 

changes have been made that affect in 

any way the legal status of the residues 

covered by the existing tolerance 

exemptions. All of the substantive 

issues reflected in the revisions to the 

regulatory text previously were the 

subject of notice and comments 

rulemaking; as no substantive changes 

are contemplated by this regulation, 

EPA anticipates no adverse comment on 

this notice. However, in the ‘‘Proposed 

Rules’’ section of this Federal Register, 

EPA is publishing a separate document 

that will serve as the proposal to these 

administrative revisions to plantincorporated protectant tolerance 

exemptions if adverse comments are 

filed. This Direct Final Rule will be 

effective on July 24, 2007 without 

further notice unless the Agency 

receives adverse comment by June 25, 

2007. If EPA receives adverse comment, 

EPA will publish a timely withdrawal in 

the Federal Register informing the 

public that this rule will not take effect. 

The Agency will address all public 

comments in a subsequent final rule 

based on the proposed rule. The Agency 

will not institute a second comment 

period on this action. Any parties 

interested in commenting must do so at 

this time. 

B. What is the Agency’s Authority for 

Taking this Action? 

This action is being finalized 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)(l)(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. 

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 

0MB 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 a 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., 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 

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. 


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20434 Federal Register / Vol. 72, No. 79 / Wednesday, April 25, 2007 / Rules and Regulations 

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 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. 

§§ 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. 


cprice-sewell on PRODPC61 with RULES
Federal Register / Vol. 72, No. 79 / Wednesday, April 25, 2007 / Rules and Regulations 20435 

■ 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. 

§ 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 


cprice-sewell on PRODPC61 with RULES
20436 Federal Register / Vol. 72, No. 79 / Wednesday, April 25, 2007 / Rules and Regulations 

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. E7–7768 Filed 4–24–07; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2007–0224; FRL–8121–2] 

Propiconazole; Pesticide Tolerances 

for Emergency Exemptions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

time-limited tolerances for combined 

residues of propiconazole and its 

metabolites containing the 

dichlorobenzoic acid (DCBA) moiety 

expressed as parent compound, in or on 

peach and nectarine. This action is in 

response to EPA’s granting of emergency 

exemptions under section 18 of the 

Federal Insecticide, Fungicide, and 

Rodenticide Act (FIFRA) authorizing 

use of the pesticide on peach and 

nectarine as a post-harvest treatment. 

This regulation establishes maximum 

permissible levels for residues of 

propiconazole in these food 

commodities. The tolerances expire and 

are revoked on December 31, 2010. 

DATES: This regulation is effective April 

25, 2007. Objections and requests for 

hearings must be received on or before 

June 25, 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–2007–0224. 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. All 

documents in the docket are listed in 

the docket index available in 

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 either in the electronic docket 

at http://www.regulations.gov, or, if only 

available in hard copy, at the Office of 

Pesticide Programs (OPP) Regulatory 

Public Docket in Rm. S-4400, One 

Potomac Yard (South Bldg.), 2777 S. 

Crystal Dr., 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: 

Andrea Conrath, Registration Division 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460-0001; telephone number: 

(703) 308-9356; e-mail address: 

conrath.andrea@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this Action Apply to Me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. Potentially 

affected entities may include, but are 

not limited to: 

•Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

This listing is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

affected by this action. Other types of 

entities not listed in this unit could also 

be affected. The North American 

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. 

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–2007–0224 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 June 25, 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–2007–0224, 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’s 

normal hours of operation (8:30 a.m. to 

4 p.m., Monday through Friday, 


cprice-sewell on PRODPC61 with RULES