Federal Register / Vol. 73, No. 157 / Wednesday, August 13, 2008 / Rules and Regulations 47063 

insecticide flubendiamide per se, N2- 

[1,1-Dimethyl-2-(methylsulfonyl)ethyl3-iodo-N1-[2-methyl-4-[1,2,2,2- 

tetrafluoro-1- 

(trifluoromethyl)ethyl]phenyl]-1,2- 

benzenedicarboxamide, in or on the 

following raw agricultural commodities 

when present therein as a result of the 

application of flubendiamide per se to 

the growing crops listed in paragraph (a) 

of this section: 

Commodity Parts per million 

Alfalfa, forage ................. 0.15 ppm 

Alfalfa, hay ...................... 0.04 ppm 

Barley, hay ...................... 0.04 ppm 

Barley, straw ................... 0.07 ppm 

Buckwheat ...................... 0.07 ppm 

Clover, forage ................. 0.15 ppm 

Clover, hay ..................... 0.04 ppm 

Grass, forage .................. 0.15 ppm 

Grass, hay ...................... 0.04 ppm 

Millet, pearl, forage ......... 0.15 ppm 

Millet, pearl, hay ............. 0.04 ppm 

Millet, proso, forage ........ 0.15 ppm 

Millet, proso, hay ............ 0.04 ppm 

Millet, proso, straw ......... 0.07 ppm 

Oats, forage .................... 0.15 ppm 

Oats, hay ........................ 0.04 ppm 

Oats, straw ..................... 0.07 ppm 

Rye, forage ..................... 0.15 ppm 

Rye, straw ....................... 0.07 ppm 

Sorghum, grain, forage ... 0.03 ppm 

Sorghum, grain, stover ... 0.06 ppm 

Soybean, forage ............. 0.02 ppm 

Soybean, hay .................. 0.04 ppm 

Teosinte, forage .............. 0.15 ppm 

Teosinte, hay .................. 0.04 ppm 

Teosinte, straw ............... 0.07 ppm 

Triticale, forage ............... 0.15 ppm 

Triticale, hay ................... 0.04 ppm 

Triticale, straw ................ 0.07 ppm 

Wheat, forage ................. 0.15 ppm 

Wheat, hay ..................... 0.03 ppm 

Wheat, straw ................... 0.03 ppm 

[FR Doc. E8–18324 Filed 8–12–08; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2007–0565; FRL–8374–5] 

Tribenuron Methyl; Pesticide 

Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

tolerances for residues of tribenuron 

methyl in or on barley, hay; oat, forage; 

oat, hay; wheat, forage; and wheat, hay. 

E. I. DuPont de Nemours and Company 

requested these tolerances under the 

Federal Food, Drug, and Cosmetic Act 

(FFDCA). 

DATES: This regulation is effective 

August 13, 2008. Objections and 

requests for hearings must be received 

on or before October 14, 2008, 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–2007–0565. 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 

website 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 

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: 

Vickie Walters, Registration Division 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

(703) 305–5704; e-mail address: 

walters.vickie@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 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 EPA’s tolerance 

regulations at 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 FFDCA, 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–2007–0565 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 October 14, 2008. 

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 this copy, 

identified by docket ID number EPA–

HQ–OPP–2007–0565, by one of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 


hsrobinson on PROD1PC76 with RULES
47064 Federal Register / Vol. 73, No. 157 / Wednesday, August 13, 2008 / Rules and Regulations 

• 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 Facility telephone number is 

(703) 305–5805. 

II. Petition for Tolerance 

In the Federal Register of September 

19, 2007 (72 FR 53577) (FRL–8144–3), 

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 7F7220) by E. I. 

DuPont de Nemours and Company, 

DuPont Crop Protection, P.O. Box 

80038, Wilmington, DE 19880–0038. 

The petition requested that 40 CFR 

180.451(a) be amended by establishing 

tolerances for residues of the herbicide, 

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

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

yl)methylamino]

carbonyl]amino]sulfonyl]benzoate, in or 

on wheat, forage at 0.3 part per million 

(ppm); wheat, hay at 0.3 ppm; barley, 

hay at 0.3 ppm; oat, forage at 0.3 ppm; 

and oat, hay at 0.8 ppm. That notice 

referenced a summary of the petition 

prepared by E. I. DuPont de Nemours 

and Company, the registrant, which is 

available to the public in the docket, 

http://www.regulations.gov. One 

comment was received on the notice of 

filing. EPA’s response to this comment 

is discussed in Unit IV.C. 

Tribenuron methyl currently has 

tolerances for grain and straw from 

barley, oats, and wheat. No tolerances 

have been established for hay and forage 

of these commodities because 

tribenuron methyl’s registration under 

the Federal Insecticide, Fungicide, and 

Rodenticide Act (‘‘FIFRA’’), 7 U.S.C. 

136 et seq., restricts the feeding of hay 

and forage from treated barley, oats, and 

wheat to livestock. DuPont has applied 

to EPA to lift the feeding restriction in 

its FIFRA registration, and this petition 

for hay and forage tolerances was filed 

in connection with that requested 

change. 

Based upon review of the field trial 

data supporting the petition, EPA is 

revising the tolerance levels for pending 

commodities as follows: barley, hay at 

0.4 ppm; oat, forage at 0.05 ppm; oat, 

hay at 0.05 ppm; and wheat, hay at 0.5 

ppm. 

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 the herbicide, 

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

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

yl)methylamino]

carbonyl]amino]sulfonyl]benzoate on 

barley, hay at 0.4 ppm; oat, forage at 

0.05 ppm; oat, hay at 0.05 ppm; wheat, 

forage at 0.3 ppm; and wheat, hay at 0.5 

ppm. 

EPA has previously concluded that 

aggregate exposure to tribenuron methyl 

from tolerances for tribenuron methyl 

on grain and straw of barley, oats, and 

wheat as well as other commodities is 

safe (72 FR 11784, March 14, 2007). 

Establishment of requested tribenuron 

methyl tolerances on hay and forage of 

oats and wheat, and on barley, hay will 

not change the exposure or risk 

estimates from this prior action because: 

1. The requested change in the FIFRA 

registration for tribenuron methyl is 

only for the lifting of the feeding 

restriction on barley, oats, and wheat. 

There are no requested changes, such as 

application rates that could affect 

residue levels on human food items. No 

changes in existing tolerances are 

necessary. 

2. The Agency has determined that 

there will not be finite residues of 

tribenuron methyl in animal 

commodities as a result of animals 

consuming tribenuron methyl treated 

barley, oats, or wheat. 

3. Since tribenuron methyl is not 

being registered on any additional crops 

and the application rates to the 

registered crops are not increasing, there 

is no change in estimated drinking 

water estimates. 

4. No residential uses are being 

proposed. 

The toxicological profile, endpoints 

and current risk assessments are 

discussed in the final rule published in 

the Federal Register of March 14, 2007 

(72 FR 11784)(FRL–8117–2) which 

established tolerances for residues of 

tribenuron methyl in corn, field, forage 

at 0.05 ppm; corn, field, grain at 0.05 

ppm; corn, field, stover at 0.05 ppm in 

rice, grain at 0.05 ppm; rice, straw at 

0.05 ppm; sorghum, grain, forage at 0.05 

ppm; sorghum, grain, grain at 0.05 ppm; 

and sorghum, grain, stover at 0.05 ppm, 

soybean seed at 0.05 ppm and 

sunflower, seed at 0.05 ppm. These 

previous risk assessments and the 

reasons that the current action does not 

change that risk assessment are 

discussed in the document entitled 

‘‘Ingredient: Tribenuron Methyl Title: 

Label Amendments and Petition for 

Tolerances on Barley Hay, Oat, Forage 

and Hay, and Wheat Forage and Hay.’’

This document can be found at http:// 

www.regulations.gov. in docket EPA–

HQ–OPP–2007–0565 and is identified 

as document 005. Based on risk 

assessments and the findings presented 

in the Federal Register notice above, 

EPA concludes that there is a reasonable 

certainty that no harm will result to the 

general population and to infants and 

children from aggregate exposure to 

tribenuron methyl residues. 

IV. Other Considerations 

A. Analytical Enforcement Methodology 

Adequate enforcement methodology 

(liquid chromatography/mass 

spectrometry/mass spectrometry (LC/ 

MS/MS)) is available to enforce the 

tolerance expression. The method may 

be requested from: Chief, Analytical 

Chemistry Branch, Environmental 

Science Center, 701 Mapes Rd., Ft. 

Meade, MD 20755–5350; telephone 

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

residuemethods@epa.gov. 

B. International Residue Limits 

There are no established or proposed 

Codex Maximum residue limits (MRLs) 

for residues of tribenuron methyl. 

Canada and Mexico have established 


hsrobinson on PROD1PC76 with RULES
Federal Register / Vol. 73, No. 157 / Wednesday, August 13, 2008 / Rules and Regulations 47065 

MRLs for tribenuron methyl on several 

plant commodities. However, no 

Canadian or Mexican MRLs for 

tribenuron methyl have been proposed 

or established for barley, hay; oat, 

forage; oat, hay; wheat, forage; or wheat, 

hay. 

C. Response to Comments 

A comment was received from a 

private citizen supporting the Agency’s 

updating of pesticide regulations. 

V. Conclusion 

Therefore, tolerances are established 

for residues of tribenuron methyl, 

methyl-2-[[[[(4-methoxy-6-methyl-1,3,5- 

triazin-2-yl)methylamino]

carbonyl]amino]sulfonyl]benzoate on 

barley, hay at 0.4 ppm; oat, forage at 

0.05 ppm; oat, hay at 0.05 ppm; wheat, 

forage at 0.3 ppm; and wheat, hay at 0.5 

ppm. 

VI. Statutory and Executive Order 

Reviews 

This final rule establishes tolerances 

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 final rule 

has been exempted from review under 

Executive Order 12866, this final 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 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: July 31, 2008. 

Donald R. Stubbs, 

Acting 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 180.451 is amended by 

alphabetically adding the following 

entries to the table in paragraph (a) to 

read as follows: 

§ 180.451 Tribenuron Methyl; Tolerances 

for Residues. 

(a) * * * 

Commodity Parts per 

million 

* * * * * 

Barley, hay .................................... 0.4 

* * * * * 

Oat, forage .................................... 0.05 

* * * * * 

Oat, hay ........................................ 0.05 

* * * * * 

Wheat, forage ............................... 0.3 

* * * * * 

Wheat, hay ................................... 0.5 

* * * * * 

* * * * * 

[FR Doc. E8–18189 Filed 8–12–08; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2005–0097; FRL–8376–2] 

Tebuconazole; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

tolerances for residues of tebuconazole 

in or on apple, wet pomace; asparagus; 

bean, succulent; bean, dry seed; beet, 

garden, tops; beet, garden, roots; 

brassica, leafy greens, subgroup 5B; 

coffee, green bean; coffee, roasted bean; 

corn, field, grain; corn, field, forage; 

corn, field, stover; corn, pop, grain; 

corn, pop, stover; corn, sweet, kernel 

plus cob with husks removed; corn, 

sweet, forage; corn, sweet, stover; 

cotton, undelinted seed; cotton, gin 

byproducts; Fruit, pome, group 11; fruit, 

stone, group 12, except cherry; grain, 

aspirated fractions; hop, dried cones; 

lychee; mango, postharvest; okra; onion, 

bulb, subgroup 3-07A; onion, green, 

subgroup 3-07B; plum, pre- and postharvest; turnip, roots; turnip, tops; 

soybean, forage; soybean, hay; soybean, 

seed; sunflower, seed; sunflower, meal; 

sunflower, refined oil; and vegetable, 

cucurbit, group 9. Bayer CropScience LP 

and Interregional Research Project No. 4 

(IR4) have requested these tolerances 

under the Federal Food, Drug, and 

Cosmetic Act (FFDCA). 


hsrobinson on PROD1PC76 with RULES