27452 Federal Register / Vol. 72, No. 94 / Wednesday, May 16, 2007 / Rules and Regulations 

with Indian Tribal Governments (65 FR 

67249, November 6, 2000) do not apply 

to this rule. In addition, This rule does 

not impose any enforceable duty or 

contain any unfunded mandate as 

described under Title II of the Unfunded 

Mandates Reform Act of 1995 (UMRA) 

(Public Law 104-4). 

This action does not involve any 

technical standards that would require 

Agency consideration of voluntary 

consensus standards pursuant to section 

12(d) of the National Technology 

Transfer and Advancement Act of 1995 

(NTTAA), Public Law 104-113, section 

12(d) (15 U.S.C. 272 note). 

X. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report to each House of 

the Congress and to the Comptroller 

General of the United States. EPA will 

submit a report containing this rule and 

other required information to the U.S. 

Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of this final rule in the 

Federal Register. This final rule is not 

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

804(2). 

List of Subjects in 40 CFR Part 180 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: May 4, 2007. 

Debra Edwards, 

Director, Office of Pesticide Programs. 

■ Therefore, 40 CFR part 180 is 

amended as follows: 

PART 180—[AMENDED] 

■ 1. The authority citation for part 180 

continues to read as follows: 

Authority: 21 U.S.C. 321(q), 346a and 371. 

■ 2. Section 180.1275 is added to 

subpart D to read as follows: 

§ 180.1275 Pythium; Exception from the 

requirement of a tolerance. 

An exemption from the requirement 

of tolerance is established on all food/ 

feed commodities, for residues of 

pythium oligandrum DV 74 when the 

pesticide is used on food crops. 

[FR Doc. E7–9298 Filed 5–15–07; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2006–0800; FRL–8128–2] 

Chlorantraniliprole; Time-Limited 

Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

time-limited tolerances for residues of 

chlorantraniliprole in or on apple and 

apple, wet pomace, celery, cucumber, 

head and leaf lettuce, pear, pepper, 

spinach, squash, tomato and 

watermelon commodities. DuPont Crop 

Protection requested these tolerances 

under the Federal Food, Drug, and 

Cosmetic Act (FFDCA), as amended by 

the Food Quality Protection Act of 1996 

(FQPA). The tolerances will expire on 

May 1, 2010. 

DATES: This regulation is effective May 

16, 2007. Objections and requests for 

hearings must be received on or before 

July 16, 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–2006–0800. 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 OPP 

Public Docket, in Rm. S-4400, One 

Potomac Yard (South Bldg.), 2777 S. 

Crystal Dr., Arlington, VA. The Docket 

Facility is open from 8:30 a.m. to 4 p.m., 

Monday through Friday, excluding legal 

holidays. The Docket telephone number 

is (703) 305-5805. 

FOR FURTHER INFORMATION CONTACT: 

Kable Bo Davis, Registration Division 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460-0001; telephone number: 703 

306-0415; e-mail address: 

kable.davis@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. To determine whether 

you or your business may be affected by 

this action, you should carefully 

examine the applicability provisions 

discussed above. 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 


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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–2006–0800 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 July 16, 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–2006–0800, 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, 

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 October 13, 

2006 (71 FR 198) (FRL–8096–2), EPA 

issued a notice pursuant to section 

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

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

pesticide petition (PP 6G7089) by E I. 

DuPont de Nemours and Company, 

DuPont Crop Protection, 1090 Elkton 

Road, Newark, Delaware 19711. The 

petition requested that 40 CFR part 180 

be amended by establishing tolerances 

for residues of the insecticide 

chlorantraniliprole, 3-bromo-N-[4- 

chloro-2-methyl-6- 

[(methylamino)carbonyl]phenyl]-1-(3- 

chloro-2-pyridinyl)-1H-pyrazole-5- 

carboxamide, in or on apple at 0.3 parts 

per million (ppm), apple, celery at 7.0 

ppm, cucumber at 0.09 ppm, lettuce, 

head at 4.0 ppm, lettuce, leaf at 7.5 

ppm, pear at 0.30 ppm, pepper at 0.50 

ppm, spinach at 13.0 ppm, squash at 

0.25 ppm, tomato at 0.30 ppm and 

watermelon at 0.20 ppm. This notice 

referenced a summary of the petition 

prepared by E.I. DuPont de Nemours 

and Company, DuPont Crop Protection, 

the registrant, which has been included 

in the public docket. Several comments 

were received from a private citizen on 

objecting to pesticide body load, IR-4 

profiteering, animal testing, and other 

related matters. The Agency has 

received these same comments from this 

commenter on numerous previous 

occasions. Refer to the Federal Register 

of June 30, 2005 (70 FR 37686) (FRL–

7718–3), January 7, 2005 (70 FR 1354) 

(FRL–7691–4), and October 29, 2004 69 

FR 63096 for the Agency’s response to 

these objections. 

These temporary tolerances will 

permit the marketing of the above raw 

agricultural commodities when treated 

in accordance with the provisions of the 

experimental use permits 352-EUP-170, 

and 353-EUP-171, which are being 

issued under the Federal Insecticide, 

Fungicide, and Rodenticide Act 

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

The scientific data reported and other 

relevant material were evaluated, and it 

was determined that establishment of 

these temporary tolerances will protect 

the public health. Therefore, these 

temporary tolerances have been 

established on the condition that the 

pesticide be used in accordance with 

the experimental use permits. The 

tolerances will expire on May 1, 2010. 

Section 408(b)(2)(A)(i) of the 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 the 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 the 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 

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 the 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 the 

FFDCA , for tolerances for residues of 

chlorantraniliprole on apple at 0.25 

ppm, apple, wet pomace at 0.60 ppm, 

celery at 7.0 ppm, cucumber at 0.10 

ppm, lettuce, head at 4.0 ppm, lettuce, 

leaf at 8.0 ppm, pear at 0.30 ppm, 

pepper at 0.50 ppm, spinach at 13.0 

ppm, squash at 0.40 ppm, tomato at 0.30 

ppm and watermelon at 0.20 ppm. 

EPA’s assessment of exposures and risks 

associated with establishing the 

tolerance 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 

chlorantraniliprole as well as the noobserved-adverse-effect-level (NOAEL) 

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

can be found at www.regulations.gov in 

Docket ID EPA–HQ–OPP–2006–0800. 

B. Toxicological Endpoints 

For hazards that have a threshold 

below which there is no appreciable 

risk, the dose at which 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. 


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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, 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 chlorantraniliprole used 

for human risk assessment can be found 

at www.regulations.gov in Docket ID 

EPA–HQ–OPP–2006–0800. 

C. Exposure Assessment 

1. Dietary exposure from food and 

feed uses. Chlorantraniliprole is a new 

active ingredient and tolerances have 

not been established. A risk assessment 

was conducted by EPA to assess dietary 

exposures from chlorantraniliprole in 

food (from crops treated under the 

experimental permits) 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 one day or 

single exposure. Acute dietary (food and 

drinking water) exposure assessments 

were conducted for chlorantraniliprole 

using the Dietary Exposure Evaluation 

Model (DEEM-FCID), and reflect the 

proposed uses on apple, celery, 

cucumber, head and leaf lettuce, pear, 

pepper, spinach, squash, tomato and 

watermelon crops. The modeled 

exposure estimates are based on 

tolerance level residues (calculated 

using the maximum residue level 

calculator) assuming 100% of crops are 

treated and surface water estimated 

drinking water concentrations (EDWCs) 

(because surface water EDWCs were 

higher than ground water EDWCs). 

ii. Chronic exposure. Chronic dietary 

(food and drinking water) exposure 

assessments were conducted for 

chlorantraniliprole using the DEEMFCID), and reflect the proposed uses on 

apple, celery, cucumber, head and leaf 

lettuce, pear, pepper, spinach, squash, 

tomato and watermelon crops. The 

modeled exposure estimates are based 

on tolerance level residues (calculated 

using the maximum residue level 

calculator) assuming 100% of crops are 

treated and surface water estimated 

drinking water concentrations (EDWCs) 

(because surface water EDWCs were 

higher than ground water EDWCs). 

iii. Cancer. Long-term exposure is not 

expected to result from use under these 

Experimental Use Permits (EUPs). The 

submitted subchronic studies in mice, 

dog and rats, and the in vivo and in 

vitro genotoxicity studies, identified no 

tumors or preneoplastic foci, nor did 

they identify mutagenic concern. 

Therefore, the expected short/ 

intermediate-term exposure resulting 

from the EUPs does not indicate a 

concern for carcinogenicity. 

2. Dietary exposure from drinking 

water. Clorantraniliprole is an 

unregistered chemical, thus, the Agency 

lacks sufficient monitoring data to 

complete a comprehensive dietary 

exposure analysis and risk assessment 

for chlorantraniliprole 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 

chlorantraniliprole. Further information 

regarding EPA drinking water models 

used in pesticide exposure assessment 

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

oppefed1/models/water/index.htm. 

Based on the EPA’s pesticide root 

zone model/exposure analysis modeling 

system (PRZM/EXAMS) and screening 

concentration in groundwater (SCIGROW) models, the estimated 

environmental concentrations (EECs) of 

chlorantraniliprole for acute exposures 

are estimated to be 14 ppb for surface 

water and 0.38 ppb for ground water. 

The EECs for chronic exposures are 

estimated to be 2.3 ppb for surface water 

and 0.38 for ground water. 

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). 

Chlorantraniliprole 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 

based on a common mechanism of 

toxicity, EPA has not made a common 

mechanism of toxicity finding as to 

chlorantraniliprole and any other 

substances and chlorantraniliprole 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 

chlorantraniliprole 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 the 

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 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 margin 

of exposure (MOE) analysis or through 

using uncertainty (safety) factors in 

calculating a dose level that poses no 

appreciable risk to humans. 

2. Prenatal and postnatal sensitivity. 

There were no effects on fetal growth or 

development up to the limit dose of 

1,000 milligrams killogram day (mg/kg/ 

day) in rats or rabbits. There were no 

treatment related effects on the numbers 

of litters, fetuses (live or dead), 

resorptions, sex ratio, or postimplantation loss. There were no effects 

on fetal body weights, skeletal 

ossification, and external, visceral, or 

skeletal malformations or variations. 

3. Conclusion. Due to the following, 

the FQPA Safety Factor does not need 

to be retained at this time: 

The toxicology database is complete 

for the characterization of potential 

prenatal and postnatal risks to infants 

and children. No susceptibility was 

identified in the toxicological data base, 

and there are no residual uncertainties 

re: prenatal and/or postnatal exposure 

(i.e., the developmental and 

reproduction studies report no adverse 

effects related to treatment ≥ 1,000 mg/ 

kg/day limit dose). Therefore, a degree 

of concern analysis for prenatal and/or 

postnatal susceptibility is not necessary. 

Highly conservative dietary (food and 

water) exposure estimates are at least 

60,000 times lower than the highest 


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dose tested in the mammalian toxicity 

studies (at which no adverse observed 

effects were seen). 

E. Aggregate Risks and Determination of 

Safety 

1. Acute/chronic risk. Aggregating 

routes and/or pathways of exposure is 

not relevant, since no hazard was 

identified via any route of exposure in 

the EUP toxicology data base. 

2. Short/Intermediate-term risk. 

Chlorantraniliprole is not registered for 

use on any sites that would result in 

short and intermediate residential 

exposure and therefore no risk 

assessment was conducted for this 

scenario. 

3. Aggregate cancer risk for U.S. 

population. Long-term exposure is not 

expected to result from use under these 

EUPs. The submitted subchronic studies 

in mice, dog and rats, and the in vivo 

and in vitro genotoxicity studies, 

identified no tumors or preneoplastic 

foci, nor did they identify mutagenic 

concern. 

4. 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 

chlorantraniliprole residues. 

IV. Other Considerations 

A. Analytical Enforcement Methodology 

LC/MS/MS methods are available for 

measuring chlorantraniliprole in plants 

and livestock. The registrant submitted 

an LC/MS/MS method for the 

determination of chlorantraniliprole in 

plants, and an LC/MS/MS method for 

the determination of chlorantraniliprole 

and its metabolites in livestock. 

Adequate method and concurrent 

recovery data were provided for the 

plant LC/MS/MS method, and the 

fortification levels used in the method 

and concurrent validation are adequate 

to bracket the residue levels determined 

in the proposed crops. An analytical 

method for enforcing tolerances in 

livestock commodities is not germane to 

this EUP as tolerances in meat, milk, 

poultry and eggs are not required. 

B. International Residue Limits 

There are currently no established 

Codex, Canadian, or Mexican MRLs for 

chlorantraniliprole. 

C. Conditions 

None. 

V. Conclusion 

Therefore, time-limited tolerances are 

established for residues of 

chlorantraniliprole, 3-bromo-N-[4- 

chloro-2-methyl-6- 

[(methylamino)carbonyl]phenyl]-1-(3- 

chloro-2-pyridinyl)-1H-pyrazole-5- 

carboxamide, in or on apple at 0.25 

ppm, apple, wet pomace at 0.60 ppm, 

celery at 7.0 ppm, cucumber at 0.10 

ppm, lettuce, head at 4.0 ppm, lettuce, 

leaf at 8.0 ppm, pear at 0.30 ppm, 

pepper at 0.50 ppm, spinach at 13.0 

ppm, squash at 0.40 ppm, tomato at 0.30 

ppm and watermelon at 0.20 ppm. 

These tolerances will expire on May 1, 

2010. 

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, 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) or Executive Order 13045, 

entitled Protection of Children from 

Environmental Health Risks and Safety 

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

This final rule does not contain any 

information collections subject to OMB 

approval under the Paperwork 

Reduction Act (PRA), 44 U.S.C. 3501 et 

seq., nor does it require any special 

considerations under Executive Order 

12898, entitled Federal Actions to 

Address Environmental Justice in 

Minority Populations and Low-Income 

Populations (59 FR 7629, February 16, 

1994). 

Since tolerances and exemptions that 

are established on the basis of a petition 

under section 408(d) of FFDCA, such as 

the tolerance in this final rule, do not 

require the issuance of a proposed rule, 

the requirements of the Regulatory 

Flexibility Act (RFA) (5 U.S.C. 601 et 

seq.) do not apply. 

This final rule directly regulates 

growers, food processors, food handlers 

and food retailers, not States or tribes, 

nor does this action alter the 

relationships or distribution of power 

and responsibilities established by 

Congress in the preemption provisions 

of section 408(n)(4) of FFDCA. As such, 

the Agency has determined that this 

action will not have a substantial direct 

effect on States or tribal governments, 

on the relationship between the national 

government and the States or tribal 

governments, or on the distribution of 

power and responsibilities among the 

various levels of government or between 

the Federal Government and Indian 

tribes. Thus, the Agency has determined 

that Executive Order 13132, entitled 

Federalism (64 FR 43255, August 10, 

1999) and Executive Order 13175, 

entitled Consultation and Coordination 

with Indian Tribal Governments (65 FR 

67249, November 6, 2000) do not apply 

to this rule. In addition, This rule does 

not impose any enforceable duty or 

contain any unfunded mandate as 

described under Title II of the Unfunded 

Mandates Reform Act of 1995 (UMRA) 

(Public Law 104-4). 

This action does not involve any 

technical standards that would require 

Agency consideration of voluntary 

consensus standards pursuant to section 

12(d) of the National Technology 

Transfer and Advancement Act of 1995 

(NTTAA), Public Law 104-113, section 

12(d) (15 U.S.C. 272 note). 

VII. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report to each House of 

the Congress and to the Comptroller 

General of the United States. EPA will 

submit a report containing this rule and 

other required information to the U.S. 

Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of this final rule in the 

Federal Register. This final rule is not 

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

804(2). 

List of Subjects in 40 CFR Part 180 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: May 2, 2007. 

Debra Edwards, 

Director, Office of Pesticide Programs. 

■ Therefore, 40 CFR chapter I is 

amended as follows: 

PART 180—[AMENDED] 

■ 1. The authority citation for part 180 

continues to read as follows: 

Authority: 21 U.S.C. 321(q), 346a and 371. 

■ 2. Section 180.628 is added to read as 

follows: 

§180.628 Chlorantraniliprole; tolerances 

for residues. 

(a) Tolerances are established for 

residues of the pesticide 

chlorantraniliprole (3-bromo-N-[4- 

chloro-2-methyl-6- 


jlentini on PROD1PC65 with RULES
27456 Federal Register / Vol. 72, No. 94 / Wednesday, May 16, 2007 / Rules and Regulations 

[(methylamino)carbonyl]phenyl]-1-(3- 

chloro-2-pyridinyl)-1H-pyrazole-5- 

carboxamide) in or on the following raw 

agricultural commodities: 

Commodity Parts per million Expiration/revocation 

date 

Apple 0.25 05/01/2010 

Apple, wet pomace 0.60 05/01/2010 

Celery 7.0 05/01/2010 

Cucumber 0.10 05/01/2010 

Lettuce, head 4.0 05/01/2010 

Lettuce, leaf 8.0 05/01/2010 

Pear 0.30 05/01/2010 

Pepper 0.50 05/01/2010 

Spinach 13.0 05/01/2010 

Squash 0.40 05/01/2010 

Tomato 0.30 05/01/2010 

Watermelon 0.20 05/01/2010 

(b) Section 18 emergency exemptions. 

[Reserved] 

(c) Tolerances with regional 

registrations. [Reserved] 

(d) Indirect or inadvertent residues. 

[Reserved] 

[FR Doc. E7–9206 Filed 5–15–07; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2006–0995; FRL–8120–2] 

Pendimethalin; Pesticide Tolerance 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes a 

tolerance for combined residues of 

pendimethalin and its metabolite, 4-[(1- 

ethylpropyl)amino]-2-methyl-3,5- 

dinitrobenzyl alcohol in or on beans; 

beans, forage; beans, hay; and peas 

(except field peas) to replace the current 

tolerances for bean, lima, seed; bean, 

lima, succulent; bean, forage; bean, hay; 

and pea, succulent. BASF Corporation 

requested this tolerance under the 

Federal Food, Drug, and Cosmetic Act 

(FFDCA). 

DATES: This regulation is effective May 

16, 2007. Objections and requests for 

hearings must be received on or before 

July 16, 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–2006–0995. 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 Bldg.), 2777 

S. Crystal Dr., Arlington, VA. The 

Docket Facility is open from 8:30 a.m. 

to 4 p.m., Monday through Friday, 

excluding legal holidays. The Docket 

telephone number is (703) 305–5805. 

FOR FURTHER INFORMATION CONTACT: 

Philip V. Errico, Registration Division 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460-0001; telephone number: 

(703) 305–6663; e-mail address: 

errico.philip@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this Action Apply to Me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. Potentially 

affected entities may include, but are 

not limited to those engaged in the 

following activities: 

• Crop production (NAICS code 111), 

e.g., agricultural workers; greenhouse, 

nursery, and floriculture workers; 

farmers. 

• Animal production (NAICS code 

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

dairy cattle farmers, livestock farmers. 

• Food manufacturing (NAICS code 

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

greenhouse, nursery, and floriculture 

workers; ranchers; pesticide applicators. 

• Pesticide manufacturing (NAICS 

code 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 to provide a guide 

for readers regarding entities likely to be 

affected by this action. Other types of 

entities not listed in this unit could also 

be affected. The North American 

Industrial Classification System 

(NAICS) codes have been provided to 

assist you and others in determining 


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