9356 Federal Register / Vol. 74, No. 41 / Wednesday, March 4, 2009 / Rules and Regulations 

Dated: February 12, 2009. 

Lois Rossi, 

Director, Registration Division, Office of 

Pesticide Programs. 

■ Therefore, 40 CFR chapter I is 

amended as follows: 

PART 180—[AMENDED] 

■ 1. The authority citation for part 180 

continues to read as follows: 

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

■ 2. Section 180.493 is amended as 

follows: 

■ i. In paragraph (a), by revising the 

introductory text; in the table by 

removing the entry ‘‘Grape,’’ by revising 

the entry ‘‘Potato, wet peel’’ and 

Footnote 1, and by alphabetically 

adding the following commodities to the 

table to read as follows: 

■ ii. By revising paragraph (c) to read as 

follows: 

§ 180.493 Dimethomorph; tolerances for 

residues. 

(a) General. Tolerances are 

established for the residues of the 

fungicide dimethomorph, (E,Z) 4-[3-(4- 

chlorophenyl)-3-(3,4-dimethoxyphenyl)- 

1-oxo-2-propenyl]morpholine, in or on 

the following commodities: 

Commodity Parts per 

million 

* * * * * 

Ginseng .................................... 0.90 

Grape, raisin1 ........................... 6.0 

* * * * * 

Potato ....................................... 0.05 

Potato, wet peel ........................ 0.20 

* * * * * 

Turnip, greens .......................... 20.0 

* * * * * * 

1 There are no U.S. registrations as of 

March 4, 2009, for the use of dimethomorph 

on grapes grown for raisin production. 

* * * * * 

(c) Tolerances with regional 

registrations. Tolerances with regional 

registrations are established for residues 

of the fungicide dimethomorph, (E,Z) 4- 

[3-(4-chlorophenyl)-3-(3,4- 

dimethoxyphenyl)-1-oxo-2- 

propenyl]morpholine, in or on the 

following commodities: 

Commodity Parts per 

million 

Bean, lima, succulent ............... 0.60 

Grape ........................................ 3.5 

* * * * * 

[FR Doc. E9–4370 Filed 3–3–09; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2005–0097; FRL–8399–3] 

Tebuconazole; Pesticide Tolerance 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation revises the 

existing tolerance for residues of 

tebuconazole in or on cherry, pre- and 

post-harvest. Interregional Research 

Project Number 4 (IR-4) requested this 

tolerance under the Federal Food, Drug, 

and Cosmetic Act (FFDCA). 

DATES: This regulation is effective 

March 4, 2009. Objections and requests 

for hearings must be received on or 

before May 4, 2009, and must be filed 

in accordance with the instructions 

provided in 40 CFR part 178 (see also 

Unit I.C. of the SUPPLEMENTARY

INFORMATION). 

ADDRESSES: EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ– 

OPP–2005–0097. All documents in the 

docket are listed in the docket index 

available at http://www.regulations.gov. 

Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

(CBI) or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available in the electronic docket at 

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

available in hard copy, at the OPP 

Regulatory Public Docket in Rm. S– 

4400, One Potomac Yard (South Bldg.), 

2777 S. Crystal Dr., Arlington, VA. The 

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

to 4 p.m., Monday through Friday, 

excluding legal holidays. The Docket 

Facility telephone number is (703) 305– 

5805. 

FOR FURTHER INFORMATION CONTACT: 

Laura Nollen, Registration Division 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

(703) 305–7390; e-mail address: 

nollen.laura@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this Action Apply to Me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. Potentially 

affected entities may include, but are 

not limited to those engaged in the 

following activities: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

This listing is not intended to be 

exhaustive, but rather to provide a guide 

for readers regarding entities likely to be 

affected by this action. Other types of 

entities not listed in this unit could also 

be affected. The North American 

Industrial Classification System 

(NAICS) codes have been provided to 

assist you and others in determining 

whether this action might apply to 

certain entities. If you have any 

questions regarding the applicability of 

this action to a particular entity, consult 

the person listed under FOR FURTHER

INFORMATION CONTACT. 

B. How Can I Access Electronic Copies 

of this Document? 

In addition to accessing electronically 

available documents at http:// 

www.regulations.gov, you may access 

this Federal Register document 

electronically through the EPA Internet 

under the ‘‘Federal Register’’ listings at 

http://www.epa.gov/fedrgstr. You may 

also access a frequently updated 

electronic version of EPA’s tolerance 

regulations at 40 CFR part 180 through 

the Government Printing Office’s e-CFR 

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

C. Can I File an Objection or Hearing 

Request? 

Under section 408(g) of FFDCA, 21 

U.S.C. 346a, any person may file an 

objection to any aspect of this regulation 

and may also request a hearing on those 

objections. You must file your objection 

or request a hearing on this regulation 

in accordance with the instructions 

provided in 40 CFR part 178. To ensure 

proper receipt by EPA, you must 

identify docket ID number EPA–HQ– 

OPP–2005–0097 in the subject line on 

the first page of your submission. All 

requests must be in writing, and must be 

mailed or delivered to the Hearing Clerk 

as required by 40 CFR part 178 on or 

before May 4, 2009. 

In addition to filing an objection or 

hearing request with the Hearing Clerk 

as described in 40 CFR part 178, please 

submit a copy of the filing that does not 

contain any CBI for inclusion in the 

public docket that is described in 

ADDRESSES. Information not marked 

confidential pursuant to 40 CFR part 2 

Federal Register / Vol. 74, No. 41 / Wednesday, March 4, 2009 / Rules and Regulations 9357 

may be disclosed publicly by EPA 

without prior notice. Submit this copy, 

identified by docket ID number EPA– 

HQ–OPP–2005–0097, by one of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• Mail: Office of Pesticide Programs 

(OPP) Regulatory Public Docket (7502P), 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001. 

• Delivery: OPP Regulatory Public 

Docket (7502P), Environmental 

Protection Agency, Rm. S–4400, One 

Potomac Yard (South Bldg.), 2777 S. 

Crystal Dr., Arlington, VA. Deliveries 

are only accepted during the Docket 

Facility’s normal hours of operation 

(8:30 a.m. to 4 p.m., Monday through 

Friday, excluding legal holidays). 

Special arrangements should be made 

for deliveries of boxed information. The 

Docket Facility telephone number is 

(703) 305–5805. 

II. Petition for Tolerance 

In the Federal Register of December 3, 

2008 (73 FR 73640) (FRL–8390–4), EPA 

issued a notice pursuant to section 

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

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

pesticide petition (PP 8E7428) by 

Interregional Research Project Number 4 

(IR–4), 500 College Road East, Suite 201 

W, Princeton, NJ 08540. The petition 

requested that 40 CFR 180.474 be 

amended by raising the existing 

tolerance for residues of the fungicide 

tebuconazole, alpha-[2-(4- 

Chlorophenyl)ethyl]-alpha-(1,1- 

dimethylethyl)-1H-1,2,4-triazole-1- 

ethanol, in or on the raw agricultural 

commodity cherry from 4.0 parts per 

million (ppm) to 5.0 ppm. That notice 

referenced a summary of the petition 

prepared on behalf of IR–4 by Bayer 

CropScience LP, the registrant, which is 

available to the public in the docket, 

http://www.regulations.gov. 

III. Aggregate Risk Assessment and 

Determination of Safety 

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

allows EPA to establish a tolerance (the 

legal limit for a pesticide chemical 

residue in or on a food) only if EPA 

determines that the tolerance is ‘‘safe.’’ 

Section 408(b)(2)(A)(ii) of FFDCA 

defines ‘‘safe’’ to mean that ‘‘there is a 

reasonable certainty that no harm will 

result from aggregate exposure to the 

pesticide chemical residue, including 

all anticipated dietary exposures and all 

other exposures for which there is 

reliable information.’’ This includes 

exposure through drinking water and in 

residential settings, but does not include 

occupational exposure. Section 

408(b)(2)(C) of FFDCA requires EPA to 

give special consideration to exposure 

of infants and children to the pesticide 

chemical residue in establishing a 

tolerance and to ‘‘ensure that there is a 

reasonable certainty that no harm will 

result to infants and children from 

aggregate exposure to the pesticide 

chemical residue....’’ 

Consistent with section 408(b)(2)(D) 

of FFDCA, and the factors specified in 

section 408(b)(2)(D) of FFDCA, EPA has 

reviewed the available scientific data 

and other relevant information in 

support of this action. EPA has 

sufficient data to assess the hazards of 

and to make a determination on 

aggregate exposure for the petitioned-for 

tolerances for residues of tebuconazole 

in or on the raw agricultural commodity 

cherry, sweet, pre- and post-harvest, and 

cherry, tart, pre- and post-harvest, at 5.0 

ppm. EPA’s assessment of exposures 

and risks associated with establishing 

tolerances follows. 

In the Federal Register of August 13, 

2008 (73 FR 47065) (FRL–8376–2), the 

Agency published a Final Rule 

establishing tolerances for residues of 

the fungicide tebuconazole in or on 

apple, wet pomace at 0.1 ppm; 

asparagus at 0.05 ppm; bean, succulent 

at 0.1 ppm; bean, dry seed at 0.1 ppm; 

beet, garden, tops at 7.0 ppm; beet, 

garden, roots at 0.70 ppm; Brassica, 

leafy greens, subgroup 5B at 2.5 ppm; 

coffee, green bean at 0.15 ppm; coffee, 

roasted bean at 0.3 ppm; corn, field, 

grain at 0.05 ppm; corn, field, forage at 

4.0 ppm; corn, field, stover at 3.5 ppm; 

corn, pop, grain at 0.05 ppm; corn, pop, 

stover at 3.5 ppm; corn, sweet, kernel 

plus cob with husks removed at 0.5 

ppm; corn, sweet, forage at 7.0 ppm; 

corn, sweet, stover at 6.0 ppm; cotton, 

undelinted seed at 2.0 ppm; cotton, gin 

byproducts at 25.0 ppm; Fruit, pome, 

group 11 at 0.05 ppm; fruit, stone, group 

12, except cherry at 1.0 ppm; grain, 

aspirated fractions at 16.0 ppm; hop, 

dried cones at 35.0 ppm; lychee at 1.6 

ppm; mango, postharvest at 0.15 ppm; 

okra at 1.2 ppm; onion, bulb, subgroup 

3–07A at 0.2 ppm; onion, green, 

subgroup 3–07B at 1.3 ppm; plum, preand post-harvest at 1.0 ppm; soybean, 

forage at 25 ppm; soybean, hay at 50 

ppm; soybean, seed at 0.08 ppm; 

sunflower, seed at 0.05 ppm; sunflower, 

meal at 0.2 ppm; sunflower, refined oil 

at 0.2 ppm; vegetable, cucurbit, group 9 

at 0.09 ppm; turnip, roots at 0.5 ppm; 

and turnip, tops at 7.0 ppm. When the 

Agency conducted the risk assessment 

in support of the August, 2008 tolerance 

action, it considered the proposed use of 

tebuconazole on cherry, pre- and postharvest. Since EPA considered the 

cherry use in its most recent risk 

assessments, establishing the tolerance 

on cherry, pre- and post-harvest will not 

change the estimated aggregate risks 

resulting from use of tebuconazole, as 

discussed in the August 13, 2008 

Federal Register. Refer to this Federal 

Register document, available at http:// 

www.regulations.gov, for a detailed 

discussion of the aggregate risk 

assessments and determination of 

safety. EPA relies upon those risk 

assessments and the findings made in 

the Federal Register document in 

support of this action. 

Based on the risk assessments 

discussed in the final rule published in 

the Federal Register of August 13, 2008, 

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 

tebuconazole residues. 

IV. Other Considerations 

A. Analytical Enforcement Methodology 

Adequate enforcement methodology 

(gas chromatography/nitrogen 

phosphorus detection and liquid 

chromatography/mass spectrometry/ 

mass spectrometry (GC/NPD and LC/ 

MS/MS)) is available for enforcing 

tolerances for tebuconazole and its 

metabolites in plant commodities, 

livestock matrices and processing 

studies. The methods have been 

adequately validated by an independent 

laboratory in conjunction with a 

previous petition. The method may be 

requested from: Chief, Analytical 

Chemistry Branch, Environmental 

Science Center, 701 Mapes Rd., Ft. 

Meade, MD 20755–5350; telephone 

number: (410) 305–2905; e-mail address: 

residuemethods@epa.gov. 

B. International Residue Limits 

Codex maximum residue limits 

(MRLs) have been established for 

residues of tebuconazole in or on cherry 

at 5.0 ppm. Establishing a permanent 

U.S. tolerance for tebuconazole in or on 

cherry, pre- and post-harvest at 5.0 ppm 

results in MRL harmonization between 

Codex and the United States. 

V. Conclusion 

Therefore, a tolerance is established 

for residues of tebuconazole, alpha-[2- 

(4-Chlorophenyl)ethyl]-alpha-(1,1- 

dimethylethyl)-1H-1,2,4-triazole-1- 

ethanol, in or on cherry, sweet, pre- and 

post-harvest, cherry, tart, pre- and postharvest at 5.0 ppm. 

VI. Statutory and Executive Order 

Reviews 

This final rule establishes tolerances 

under section 408(d) of FFDCA in 

9358 Federal Register / Vol. 74, No. 41 / Wednesday, March 4, 2009 / Rules and Regulations 

response to a petition submitted to the 

Agency. The Office of Management and 

Budget (OMB) has exempted these types 

of actions from review under Executive 

Order 12866, entitled Regulatory 

Planning and Review (58 FR 51735, 

October 4, 1993). Because this final rule 

has been exempted from review under 

Executive Order 12866, this final rule is 

not subject to Executive Order 13211, 

entitled Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use (66 FR 28355, May 

22, 2001) or Executive Order 13045, 

entitled Protection of Children from 

Environmental Health Risks and Safety 

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

This final rule does not contain any 

information collections subject to OMB 

approval under the Paperwork 

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

seq., nor does it require any special 

considerations under Executive Order 

12898, entitled Federal Actions to 

Address Environmental Justice in 

Minority Populations and Low-Income 

Populations (59 FR 7629, February 16, 

1994). 

Since tolerances and exemptions that 

are established on the basis of a petition 

under section 408(d) of FFDCA, such as 

the tolerance in this final rule, do not 

require the issuance of a proposed rule, 

the requirements of the Regulatory 

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

seq.) do not apply. 

This final rule directly regulates 

growers, food processors, food handlers, 

and food retailers, not States or tribes, 

nor does this action alter the 

relationships or distribution of power 

and responsibilities established by 

Congress in the preemption provisions 

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

the Agency has determined that this 

action will not have a substantial direct 

effect on States or tribal governments, 

on the relationship between the national 

government and the States or tribal 

governments, or on the distribution of 

power and responsibilities among the 

various levels of government or between 

the Federal Government and Indian 

tribes. Thus, the Agency has determined 

that Executive Order 13132, entitled 

Federalism (64 FR 43255, August 10, 

1999) and Executive Order 13175, 

entitled Consultation and Coordination 

with Indian Tribal Governments (65 FR 

67249, November 9, 2000) do not apply 

to this final rule. In addition, this final 

rule does not impose any enforceable 

duty or contain any unfunded mandate 

as described under Title II of the 

Unfunded Mandates Reform Act of 1995 

(UMRA) (Public Law 104–4). 

This action does not involve any 

technical standards that would require 

Agency consideration of voluntary 

consensus standards pursuant to section 

12(d) of the National Technology 

Transfer and Advancement Act of 1995 

(NTTAA), Public Law 104–113, section 

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

VII. Congressional Review Act 

The Congressional Review Act, 5 

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

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report to each House of 

the Congress and to the Comptroller 

General of the United States. EPA will 

submit a report containing this rule and 

other required information to the U.S. 

Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of this final rule in the 

Federal Register. This final rule is not 

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

804(2). 

List of Subjects in 40 CFR Part 180 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: February 12, 2009. 

Lois Rossi, 

Director, Registration Division, Office of 

Pesticide Programs. 

■ Therefore, 40 CFR chapter I is 

amended as follows: 

PART 180—[AMENDED] 

■ 1. The authority citation for part 180 

continues to read as follows: 

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

■ 2. Section 180.474 is amended by 

revising the entry for the commodity 

‘‘Cherry’’ in the table in paragraph (a)(1) 

to read as follows: 

§ 180.474 Tebuconazole; tolerances for 

residues. 

(a) General.***

(1) * * * 

Commodity Parts per million 

* * * * * 

Cherry, sweet, pre- and 

post-harvest ................ 5.0 

Cherry, tart, pre- and 

post-harvest ................ 5.0 

* * * * * 

* * * * * 

[FR Doc. E9–4373 Filed 3–3–09; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2007–1192; FRL–8400–9] 

Famoxadone; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

tolerances for residues of famoxadone in 

or on caneberry subgroup 13–07A; 

cilantro, leaves; onion, bulb, subgroup 

3–07A; onion, green, subgroup 3–07B; 

spinach; and vegetable, leafy, except 

Brassica, group 4, except spinach. It also 

removes existing tolerances on lettuce, 

head; and caneberry, subgroup 13A that 

are superseded by the new tolerances on 

vegetable, leafy, except Brassica, group 

4, except spinach; and caneberry 

subgroup 13–07A. Interregional 

Research Project Number 4 (IR-4) 

requested these amendments under the 

Federal Food, Drug, and Cosmetic Act 

(FFDCA). 

DATES: This regulation is effective 

March 4, 2009. Objections and requests 

for hearings must be received on or 

before May 4, 2009, and must be filed 

in accordance with the instructions 

provided in 40 CFR part 178 (see also 

Unit I.C. of the SUPPLEMENTARY

INFORMATION). 

ADDRESSES: EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ– 

OPP–2007–1192. All documents in the 

docket are listed in the docket index 

available at http://www.regulations.gov. 

Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

(CBI) or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available in the electronic docket at 

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

available in hard copy, at the OPP 

Regulatory Public Docket in Rm. S– 

4400, One Potomac Yard (South Bldg.), 

2777 S. Crystal Dr., Arlington, VA. The 

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

to 4 p.m., Monday through Friday, 

excluding legal holidays. The Docket 

Facility telephone number is (703) 305– 

5805. 

FOR FURTHER INFORMATION CONTACT: 

Susan Stanton, Registration Division 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200