Federal Register / Vol. 74, No. 102 / Friday, May 29, 2009 / Proposed Rules 25689 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, 

Incorporation by reference, Air 

pollution control, Carbon monoxide, 

Intergovernmental relations, Nitrogen 

dioxide, Ozone, Particulate matter, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: May 18, 2009. 

Beverly H. Banister, 

Acting Regional Administrator, Region 4. 

[FR Doc. E9–12557 Filed 5–28–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2002–0043; FRL–8403–8] 

Pesticide Tolerance Nomenclature 

Changes; Proposed Technical 

Amendment 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: This document proposes 

minor revisions to the terminology of 

certain commodity terms listed under 

40 CFR part 180, subpart C. EPA is 

proposing this action to establish a 

uniform listing of commodity terms. 

DATES: Comments, identified by docket 

identification (ID) number EPA–HQ– 

OPP–2002–0043, must be received on or 

before July 28, 2009. 

ADDRESSES: Submit your comments, 

identified by docket ID number EPA– 

HQ–OPP–2002–0043, 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 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. 

Instructions: Direct your comments to 

docket ID number EPA–HQ–OPP–2002– 

0043. EPA’s policy is that all comments 

received will be included in the docket 

without change and may be made 

available on-line at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through regulations.gov or email. The Federal regulations.gov 

website is an ‘‘anonymous access’’ 

system, which means EPA will not 

know your identity or contact 

information unless you provide it in the 

body of your comment. If you send an 

e-mail comment directly to EPA without 

going through regulations.gov, your email address will be automatically 

captured and included as part of the 

comment that is placed in the docket 

and made available on the Internet. If 

you submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the docket 

are listed in the docket index available 

in regulations.gov. To access the 

electronic docket, go to http:// 

www.regulations.gov, select ‘‘Advanced 

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

the docket ID number where indicated 

and select the ‘‘Submit’’ button. Follow 

the instructions on the regulations.gov 

web site to view the docket index or 

access available documents. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either in the 

electronic docket at http:// 

www.regulations.gov, or, if only 

available in hard copy, at the OPP 

Regulatory Public Docket in Rm. S– 

4400, One Potomac Yard (South 

Building), 2777 S. Crystal Drive, 

Arlington, VA. The hours of operation 

of this Docket Facility are from 8:30 a.m. 

to 4 p.m., Monday through Friday, 

excluding legal holidays. The Docket 

Facility telephone number is (703) 305– 

5805. 

FOR FURTHER INFORMATION CONTACT: 

Stephen Schaible, Registration Division 

(7505C), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

(703) 308–9362; e-mail address: 

schaible.stephen@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 111). 

• Animal production (NAICS 112). 

• Food manufacturer (NAICS 311). 

• Pesticide manufacturer (NAICS 

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. What Should I Consider as I Prepare 

My Comments for EPA? 

1. Docket. EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ– 

OPP–2006–0043. 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., Arlington, VA. The hours of 

operation of this Docket Facility are 

from 8:30 a.m. to 4 p.m., Monday 

through Friday, excluding legal 

holidays. The Docket Facility telephone 

number is (703) 305–5805. 

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25690 Federal Register / Vol. 74, No. 102 / Friday, May 29, 2009 / Proposed Rules 

2. Tips for preparing your comments. 

When submitting comments, remember 

to: 

i. Identify the document by docket ID 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

ii. Follow directions. The Agency may 

ask you to respond to specific questions 

or organize comments by referencing a 

Code of Federal Regulations (CFR) part 

or section number. 

iii. Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

iv. Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

v. If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

vi. Provide specific examples to 

illustrate your concerns and suggest 

alternatives. 

vii. Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

viii. Make sure to submit your 

comments by the comment period 

deadline identified. 

II. Background 

EPA’s Office of Pesticide Programs 

(OPP) has developed a commodity 

vocabulary database entitled Food and 

Feed Commodity Vocabulary. The 

database was developed to consolidate 

all the major OPP commodity 

vocabularies into one standardized 

vocabulary. As a result, all future 

pesticide tolerances issued under 40 

CFR part 180 will use the ‘‘preferred 

commodity term’’ as listed in the 

aforementioneddatabase. This is the 

nineth in a series of documents revising 

the terminology of commodity terms 

listed under 40 CFR part 180. Eight final 

rules, revising pesticide tolerance 

nomenclature, have published in the 

Federal Register: June 19, 2002 (67 FR 

41802) (FRL–6835–2); June 21, 2002 (67 

FR 42392) (FRL–7180–1); July 1, 2003 

(68 FR 39428) (FRL–7308–9) and (68 FR 

39435) (FRL–7316–9); December 13, 

2006 (71 FR 74802) (FRL–8064–3); 

September 18, 2007 (72 FR 53134) 

(FRL–8126–5) (corrected on October 31, 

2007 (72 FR 61535) (FRL–8151–4); and 

October 10, 2008 (73 FR 60151) (FRL– 

8376–1). This revision process will 

establish a uniform presentation of 

existing commodity terms under 40 CFR 

part 180. Refer to the unit entitled 

BACKGROUND in the nine documents 

listed above for descriptions of the 

commodity term revisions. 

III. Statutory and Exective Order 

Reviews 

This document proposes technical 

amendments to the Code of Federal 

Regulations which have no substantive 

impact on the underlying regulations, 

and it does not otherwise impose or 

amend any requirements. As such, the 

Office of Management and Budget 

(OMB) has determined that a technical 

amendment is not a ‘‘significant 

regulatory action’’ subject to review by 

OMB under Executive Order 12866, 

entitled Regulatory Planning and 

Review (58 FR 51735, October 4, 1993). 

Because this proposed rule has been 

exempted from review under Executive 

Order 12866 due to its lack of 

significance, this proposed 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). This proposed rule does not 

contain any information collections 

subject to OMB approval under the 

Paperwork Reduction Act (PRA), 44 

U.S.C. 3501 et seq., or 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). 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); or OMB review or any Agency 

action under Executive Order 13045, 

entitled Protection of Children from 

Environmental Health Risks and Safety 

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

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). The 

Regulatory Flexibility Act (RFA) (5 

U.S.C. 601 et seq.) 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 impact on a substantial 

number of small entities. Small entities 

include small businesses, small 

organizations, and small governmental 

organizations. After considering the 

economic impacts of today’s proposed 

rule on small entities, I certify that this 

action will not have a significant 

economic impact on a substantial 

number of small entities. This action 

proposes technical amendments to the 

Code of Federal Regulations which have 

no substantive impact on the underyling 

regulations. This technical amendment 

will not have any negative economic 

impact on any entities, including small 

entities. In addition, the Agency has 

determined that this action will not 

have a substantial direct effect on States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132, entitled 

Federalism (64 FR 43255, August 10, 

1999). Executive Order 13132 requires 

EPA to develop an accountable process 

to ensure ‘‘meaningful and timely input 

by State and local officials in the 

development of regulatory policies that 

have federalism implications.’’ ‘‘Policies 

that have federalism implications’’ is 

defined in the Executive Order to 

include regulations that have 

‘‘substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government.’’ This proposed 

rule directly regulates growers, food 

processors, food handlers and food 

retailers, not States. This action does not 

alter the relationships or distribution of 

power and responsibilities established 

by Congress in the preemption 

provisions of section 408(n)(4) of the 

FFDCA. For these same reasons, the 

Agency has determined that this 

proposed rule does not have any ‘‘tribal 

implications’’ as described in Executive 

Order 13175, entitled Consultation and 

Coordination with Indian Tribal 

Governments (65 FR 67249, November 

6, 2000). Executive Order 13175, 

requires EPA to develop an accountable 

process to ensure ‘‘meaningful and 

timely input by tribal officials in the 

development of regulatory policies that 

have tribal implications.’’ ‘‘Policies that 

have tribal implications’’ is defined in 

the Executive Order to include 

regulations that have ‘‘substantial direct 

effects on one or more Indian tribes, on 

the relationship between the Federal 

Government and the Indian tribes, or on 

the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes.’’ This 

proposed rule will not have substantial 

direct effects on tribal governments, on 

the relationship between the Federal 

Government and Indian tribes, or on the 

distribution of power and 

responsibilities between the Federal 

Government and Indian tribes, as 

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Federal Register / Vol. 74, No. 102 / Friday, May 29, 2009 / Proposed Rules 25691 

specified in Executive Order 13175. 

Thus, Executive Order 13175 does not 

apply to this proposed rule. 

List of Subjects in 40 CFR Part 180 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: March 19, 2009. 

Debra Edwards, 

Director, Office of Pesticide Programs. 

Therefore, it is proposed that 40 CFR 

chapter I be amended as follows: 

PART 180—[AMENDED] 

1. The authority citation for part 180 

continues to read as follows: 

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

371. 

2. Section 180.110 is amended by 

removing the entry for ‘‘Cabbage, 

chinese,’’ and adding alphabetically the 

following entries to the table in 

paragraph (a) to read as follows: 

§ 180.110 Maneb; tolerances for residues. 

(a) * * * 

Commodity Parts per 

million 

Expiration/ 

Revocation 

Date 

* * * * * 

Cabbage, 

Chinese, 

bok choy 10 None 

Cabbage, 

Chinese, 

napa ...... 10 None 

* * * * * 

* * * * * 

3. Section 180.111 is amended by 

removing the entries for ‘‘Alfalfa,’’ 

‘‘Bean,’’ ‘‘Beet (including tops),’’ 

‘‘Clover,’’ ‘‘Corn, forage,’’ ‘‘Corn, grain, 

postharvest,’’ ‘‘Onion (including green 

onion),’’ ‘‘Salsify (including tops),’’ 

‘‘Soybean (dry and succulent),’’ 

‘‘Squash, summer and winter,’’ and 

‘‘Turnip (including tops)’’ and 

alphabetically adding the following 

commodities to the table in paragraph 

(a)(1) to read as follows: 

§ 180.111 Malathion; tolerances for 

residues. 

(a) General. (1) * * * 

Commodity Parts per million 

Alfalfa, forage ............... 135 

Alfalfa, hay .................... 135 

* * * * * 

Bean, dry seed ............. 8 

Bean, succulent ............ 8 

Beet, garden, roots ....... 8 

Commodity Parts per million 

Beet, garden, tops ........ 8 

* * * * * 

Clover, forage ............... 135 

Clover, hay ................... 135 

* * * * * 

Corn, field, forage ......... 8 

Corn, field, grain, 

postharvest ............... 8 

* * * * * 

Corn, pop, grain, 

postharvest ............... 8 

Corn, sweet, forage ...... 8 

* * * * * 

Onion, bulb ................... 8 

Onion, green ................. 8 

* * * * * 

Salsify, roots ................. 8 

Salsify, tops .................. 8 

* * * * * 

Soybean, seed ............. 8 

Soybean, vegetable, 

succulent ................... 8 

* * * * * 

Squash, summer .......... 8 

Squash, winter .............. 8 

* * * * * 

Turnip, greens .............. 8 

Turnip, roots ................. 8 

* * * * * 

* * * * * 

4. Section 180.121 is amended as 

follows: 

a. By removing the entry for ‘‘Corn’’ 

from the table in paragraph (a). 

b. By removing the entry for ‘‘Vetch’’ 

from the table in paragraph (e). 

c. By adding alphabetically the 

following entries to the tables in 

paragraphs (a) and (e) to read as follows: 

§ 180.121 Methyl parathion; tolerances for 

residues. 

(a) * * * 

Commodity Parts per 

million 

Expiration/Revocation 

Date 

* * * * * 

Corn, field, grain ... 1.0 None 

Corn, pop, grain .... 1.0 None 

* * * * * 

Corn, sweet, kernel 

plus cob with 

husks removed .. 1.0 None 

* * * * * 

* * * * * 

(e) * * * 

Commodity Parts per million 

* * * * * 

Vetch, forage ................ 1 

Vetch, hay .................... 1 

5. Section 180.149 is amended by 

removing the entry for ‘‘Corn, grain, 

postharvest’’ and adding alphabetically 

the following entries to the table in 

paragraph (a)(2) to read as follows: 

§ 180.149 Mineral oil; tolerances for 

residues. 

(a) * * * 

(2) * * * 

Commodity Parts per million 

Corn, field, grain, 

postharvest ............... 200 

Corn, pop, grain, 

postharvest ............... 200 

* * * * * 

* * * * * 

6. Section 180.176 is amended by 

removing the entries for ‘‘Barley, milled 

feed fractions,’’ ‘‘Corn, forage,’’ ‘‘Corn, 

stover,’’ ‘‘Kidney,’’ ‘‘Liver,’’ ‘‘Oat, milled 

feed fractions,’’ and ‘‘Wheat, milled 

byproducts’’ and adding alphabetically 

the following entries to the table in 

paragraph (a) to read as follows: 

§ 180.176 Mancozeb; tolerances for 

residues. 

(a) * * * 

Commodity Parts per million 

* * * * * 

Barley, bran .................. 20 

Barley, flour .................. 20 

* * * * * 

Barley, pearled barley .. 20 

* * * * * 

Cattle, kidney ................ 0.5 

Cattle, liver ................... 0.5 

* * * * * 

Corn, field, forage ......... 5 

* * * * * 

Corn, field, stover ......... 5 

Corn, pop, stover .......... 5 

Corn, sweet, forage ...... 5 

* * * * * 

Corn, sweet, stover ...... 5 

* * * * * 

Goat, kidney ................. 0.5 

Goat, liver ..................... 0.5 

* * * * * 

Hog, kidney .................. 0.5 

Hog, liver ...................... 0.5 

Horse, kidney ............... 0.5 

Horse, liver ................... 0.5 

* * * * * 

Oat, flour ....................... 20 

* * * * * 

Oat, groats/rolled oats .. 20 

* * * * * 

Poultry, kidney .............. 0.5 

Poultry, liver .................. 0.5 

* * * * * 

Sheep, kidney ............... 0.5 

Sheep, liver .................. 0.5 

* * * * * 

Wheat, bran .................. 20 

Wheat, flour .................. 20 

Wheat, germ ................. 20 

* * * * * 

Wheat, middlings .......... 20 

Wheat, shorts ............... 20 

* * * * * 

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* * * * * 

7. Section 180.205 is amended by 

removing the entry for ‘‘Mint, hay,’’ and 

adding alphabetically the following 

entries to the table in paragraph (a) to 

read as follows: 

§ 180.205 Paraquat; tolerances for 

residues. 

(a) * * * 

Commodity Parts per million 

* * * * * 

Peppermint, tops .......... 0.5 

* * * * * 

Spearmint, tops ............ 0.5 

* * * * * 

* * * * * 

8. Section 180.222 is amended by 

removing the entry for ‘‘Corn, grain’’ 

and adding alphabetically the following 

entries to the table in paragraph (a) to 

read as follows: 

§ 180.222 Prometryn; tolerances for 

residues. 

(a) * * * 

Commodity Parts per million 

* * * * * 

Corn, field, grain ........... 0.25 

Corn, pop, grain ........... 0.25 

* * * * * 

* * * * * 

9. Section 180.225 is amended by 

removing the entry for ‘‘Cabbage, 

Chinese’’ and adding alphabetically the 

following entries to the table in 

paragraph (a)(1) to read as follows: 

§ 180.225 Phosphine; tolerances for 

residues. 

(a) General. (1) * * * 

Commodity Parts per million 

* * * * * 

Cabbage, Chinese, bok 

choy .......................... 0.01 

Cabbage, Chinese, 

napa .......................... 0.01 

* * * * * 

* * * * * 

10. Section 180.235 is amended by 

revising paragraph (a)(2) to read as 

follows: 

§ 180.235 Dichlorvos; tolerances for 

residues. 

(a) General. * * * 

(2) The tolerance of 0.1 part per 

million prescribed by 21 CFR 556.180 

for negligible residues of 2,2- 

dichlorovinyl dimethyl phosphate 

inhog, fat; hog, meat; hog, meat 

byproducts; and hog, skin covers both 

its use as an anthelmintic in swine feed 

and as an insecticide applied directly to 

swine. 

* * * * * 

11. Section 180.253 is amended by 

removing the entries for ‘‘Alfalfa,’’ 

‘‘Cabbage, chinese,’’ ‘‘Corn forage,’’ 

‘‘Corn, grain (inc pop),’’ ‘‘Corn, stover,’’ 

and ‘‘Mint, hay,’’ and adding 

alphabetically the following entries to 

the table in paragraph (a) to read as 

follows: 

§ 180.253 Methomyl; tolerances for 

residues. 

(a) * * * 

Commodity Parts per million 

Alfalfa, forage ............... 10 

Alfalfa, hay .................... 10 

* * * * * 

Cabbage, Chinese, bok 

choy .......................... 5 

Cabbage, Chinese, 

napa .......................... 5 

* * * * * 

Corn, field, forage ......... 10 

Corn, field, grain ........... 0.1 

Corn, field, stover ......... 10 

Corn, pop, grain ........... 0.1 

Corn, pop, stover .......... 10 

* * * * * 

Corn, sweet, forage ...... 10 

Corn, sweet, stover ...... 10 

* * * * * 

Peppermint, tops .......... 2 

* * * * * 

Spearmint, tops ............ 2 

* * * * * 

* * * * * 

12. Section 180.254 is amended by 

removing the entries for ‘‘Corn, forage 

(of which no more than 5 ppm are 

carbamates),’’ ‘‘Corn, grain (including 

popcorn) (of which no more than 0.1 

ppm is carbamates),’’ and ‘‘Corn, stover 

(of which no more than 5 ppm are 

carbamates)’’ and adding alphabetically 

the following entries to the table in 

paragraph (a) to read as follows: 

§ 180.254 Carbofuran; tolerances 

forresidues. 

(a) * * * 

Commodity Parts per million 

* * * * * 

Corn, field, forage (of 

which no more than 5 

ppm are carbamates) 25 

Corn, field, grain (of 

which no more than 

0.1 ppm is 

carbamates) .............. 0.2 

Corn, field, stover (of 

which no more than 5 

ppm are carbamates) 25 

Corn, pop, grain (of 

which no more than 

0.1 ppm is 

carbamates) .............. 0.2 

Commodity Parts per million 

Corn, pop, stover (of 

which no more than 5 

ppm are carbamates) 25 

Corn, sweet, forage (of 

which no more than 5 

ppm are carbamates) 25 

* * * * * 

Corn, sweet, stover (of 

which no more than 5 

ppm is carbamates) .. 25 

* * * * * 

* * * * * 

13. Section 180.261 is amended by 

removing the entry for ‘‘Alfalfa’’ and 

adding alphabetically the following 

entries to the table in paragraph (a) to 

read as follows: 

§ 180.261 N- 

(Mercaptomethyl)phthalimideS-(O,Odimethylphosphorodithioate) and its 

oxygen analog; tolerances for residues. 

(a) * * * 

Commodity Parts per million 

Alfalfa, forage ............... 40 

Alfalfa, hay .................... 40 

* * * * * 

* * * * * 

14. Section 180.262 is amended by 

removing the entries for ‘‘Corn, forage,’’ 

‘‘Corn, grain,’’ and ‘‘Corn, stover,’’ and 

adding alphabetically the following 

entries to the table in paragraph (a) to 

read as follows: 

§ 180.262 Ethoprop; tolerances for 

residues. 

(a) * * * 

Commodity Parts per million 

* * * * * 

Corn, field, forage ......... 0.02 

Corn, field, grain ........... 0.02 

Corn, field, stover ......... 0.02 

Corn, pop, grain ........... 0.02 

Corn, pop, stover .......... 0.02 

Corn, sweet, forage ...... 0.02 

* * * * * 

Corn, sweet, stover ...... 0.02 

* * * * * 

15. Section 180.275 is amended by 

removing the entry for ‘‘Mint hay’’ and 

adding alphabetically the following 

entries to the table in paragraph (c) to 

read as follows: 

§ 180.275 Chlorothalonil; tolerances 

forresidues. 

* * * * * 

(c) * * * 

Commodity Parts per million 

* * * * * 

Peppermint, tops .......... 2 

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Commodity Parts per million 

* * * * * 

Spearmint, tops ............ 2 

* * * * * 

16. Section 180.284 is amended by 

removing the entry for ‘‘Grass 

(rangeland)’’ and adding alphabetically 

the following entries to the table in 

paragraph (a) to read as follows: 

§ 180.284 Zinc phosphide; tolerances 

forresidues. 

(a) * * * 

Commodity Parts per million 

* * * * * 

Grass, rangeland, forage ............................ 0.1 

Grass, rangeland, hay .. 0.1 

* * * * * 

* * * * * 

17. Section 180.288 is amended by 

removing the entries for ‘‘Corn, grain’’ 

and ‘‘Corn, stover’’ and adding 

alphabetically the following entries to 

the table in paragraph (a) to read as 

follows: 

§ 180.288 2- 

(Thiocyanomethylthio)benzothiazole; 

tolerances for residues. 

(a) * * * 

Commodity Parts per million 

* * * * * 

Corn, field, grain ........... 0.1 

Corn, field, stover ......... 0.1 

Corn, pop, grain ........... 0.1 

Corn, pop, stover .......... 0.1 

* * * * * 

18. Section 180.331 is amended by 

removing the entry for ‘‘Clover,’’ and 

adding alphabetically the following 

entries to the table in paragraph (a) to 

read as follows: 

§ 180.331 4-(2,4-Dichlorophenoxy)butyric 

acid; tolerances for residues. 

(a) * * * 

Commodity Parts per million 

* * * * * 

Clover, forage ............... 0.2 

Clover, hay ................... 0.2 

* * * * * 

19. Section 180.377 is amended by 

removing the entry for ‘‘Wheat, milled 

byproducts’’ and adding alphabetically 

the following entries to the table in 

paragraph (b) to read as follows: 

§ 180.377 Diflubenzuron; tolerances for 

residues. 

* * * * * 

(b) * * * 

Commodity Parts per 

million 

Expiration/revocation 

date 

* * * * * 

Wheat, bran .......... 0.10 12/31/08 

Wheat, flour .......... 0.10 12/31/08 

Wheat, germ ......... 0.10 12/31/08 

* * * * * 

Wheat, middlings .. 0.10 12/31/08 

Wheat, shorts ....... 0.10 12/31/08 

20. Section 180.379 is amended by 

removing the entries for ‘‘Corn, forage,’’ 

‘‘Corn, grain,’’ and ‘‘Corn, stover’’ and 

adding alphabetically the following 

entries to the table in paragraph (a)(1) to 

read as follows: 

§ 180.379 Cyano(3-phenoxyphenyl)methyl4-chloro-α- (1-methylethyl) benzeneacetate; 

tolerances for residues. 

(a) General. (1) * * * 

Commodity Parts per million 

* * * * * 

Corn, field, forage ......... 50.0 

Corn, field, grain ........... 0.02 

Corn, field, stover ......... 50.0 

Corn, pop, grain ........... 0.02 

Corn, pop, stover .......... 50.0 

Corn, sweet, forage ...... 50.0 

* * * * * 

Corn, sweet, stover ...... 50.0 

* * * * * 

* * * * * 

21. Section 180.408 is amended as 

follows: 

a. By removing the entries for ‘‘Potato, 

processed (including potato, chips),’’ 

and ‘‘Tomato, processed’’ from the table 

in paragraph (a). 

b. By removing the entries for ‘‘Barley, 

milling fractions’’ and ‘‘Oat milling 

fractions,’’ and ‘‘Wheat, milling 

fractions’’ from the table in paragraph 

(d). 

c. By adding alphabetically the 

following entries to the tables in 

paragraphs (a) and (d) to read as follows: 

§ 180.408 Metalaxyl; tolerances for 

residues. 

(a) * * * 

Commodity Parts per million 

* * * * * 

Potato, chips ................. 4.0 

Potato, granules, flakes 4.0 

* * * * * 

Potato, wet peel ........... 4.0 

* * * * * 

Tomato, paste .............. 3.0 

Tomato, puree .............. 3.0 

* * * * * 

* * * * * 

(d) * * * 

Commodity Parts per million 

Barley, bran .................. 1.0 

Barley, flour .................. 1.0 

* * * * * 

Barley, pearled barley .. 1.0 

* * * * * 

Oat, flour ....................... 1.0 

* * * * * 

Oat, groats, rolled oats 1.0 

* * * * * 

Wheat, bran .................. 1.0 

* * * * * 

Wheat, flour .................. 1.0 

* * * * * 

Wheat, germ ................. 1.0 

* * * * * 

Wheat, middlings .......... 1.0 

Wheat, shorts ............... 1.0 

* * * * * 

* * * * * 

22. Section 180.411 is amended by 

removing the entry for‘‘Cotton, oil’’ and 

adding alphabetically the following 

entry to the table in paragraph (a) to 

read as follows: 

§ 180.411 Fluazifop-P-butyl; tolerances for 

residues. 

(a) General. * * * 

Commodity Parts per million 

* * * * * 

Cotton, refined oil ......... 0.2 

* * * * * 

23. Section 180.419 is amended by 

revising the table in paragraph(a)(2) to 

read as follows: 

§ 180.419 Chlorpyrifos-methyl; tolerances 

for residues. 

(a) General. * * * 

(2) * * * 

Commodity Parts per million 

Barley, bran .................. 90 

Barley, pearled barley .. 90 

Rice, bran ..................... 30 

Rice, hulls ..................... 30 

Rice, polished rice ........ 30 

Sorghum, grain, bran ... 90 

Wheat, bran .................. 30 

Wheat, germ ................. 30 

Wheat, middlings .......... 30 

Wheat, shorts ............... 30 

* * * * * 

24. Section 180.431 is amended by 

removing the entries for ‘‘Barley, milled 

fractions (except flour),’’ ‘‘Grass,forage 

and hay,’’ ‘‘Mint, hay,’’ and ‘‘Wheat, 

milled fractions (except flour),’’ and 

adding alphabetically the following 

entries to the table in paragraph (a) to 

read as follows: 

mstockstill on PROD1PC66 with PROPOSALS

25694 Federal Register / Vol. 74, No. 102 / Friday, May 29, 2009 / Proposed Rules 

§ 180.431 Clopyralid; tolerances for 

residues. 

(a) * * * 

Commodity Parts per million 

* * * * * 

Barley, bran .................. 12 

* * * * * 

Barley, pearled barley .. 12 

* * * * * 

Grass, forage ................ 500.0 

Grass, hay .................... 500.0 

* * * * * 

Peppermint, tops .......... 3.0 

* * * * * 

Spearmint, tops ............ 3.0 

* * * * * 

Wheat, bran .................. 12 

* * * * * 

Wheat, germ ................. 12 

* * * * * 

Wheat, middling ............ 12 

Wheat, shorts ............... 12 

* * * * * 

* * * * * 

25. Section 180.435 is amended by 

removing the entry for ‘‘Tomato, 

concentrated products’’ and adding 

alphabetically the following entries to 

the table in paragraph (a)(1) to read as 

follows: 

§ 180.435 Deltamethrin; tolerances for 

residues. 

(a) General. (1) * * * 

Commodity Parts per million 

* * * * * 

Tomato, paste .............. 1.0 

Tomato, puree .............. 1.0 

* * * * * 

* * * * * 

26. Section 180.436 is amended by 

removing the entry for ‘‘Tomato, 

pomace’’ and adding alphabetically the 

following entries to the table in 

paragraph (a)(1) to read as follows: 

§ 180.436 Cyfluthrin and the isomer betacyfluthrin; tolerances for residues. 

(a) General. (1) * * * 

Commodity Parts per million 

* * * * * 

Tomato, dry pomace .... 5.0 

Tomato, wet pomace .... 5.0 

* * * * * 

* * * * * 

27. Section 180.440 is amended by 

removing the entries for ‘‘Corn, field, 

fodder and forage, pop and sweet’’ and 

‘‘Corn, field, grain and pop’’ and adding 

alphabetically the following entries to 

the table in paragraph (a) to read as 

follows: 

§ 180.440 Tefluthrin; tolerances for 

residues. 

(a) * * * 

Commodity Parts per million 

Corn, field, forage ......... 0.06 

Corn, field, grain ........... 0.06 

Corn, field, stover ......... 0.06 

Corn, pop, grain ........... 0.06 

Corn, pop, stover .......... 0.06 

Corn, sweet, forage ...... 0.06 

* * * * * 

Corn, sweet, stover ...... 0.06 

* * * * * 

* * * * * 

28. Section 180.442 is amended by 

removing the entries for ‘‘Corn, forage,’’ 

‘‘Corn, grain (field, seed, and pop),’’ and 

‘‘Corn, stover’’ and adding 

alphabetically the following entries to 

the table in paragraph (a)(1) to read as 

follows: 

§ 180.442 Bifenthrin; tolerances for 

residues. 

(a) General. (1) * * * 

Commodity Parts per million 

* * * * * 

Corn, field, forage ......... 3.0 

Corn, field, grain ........... 0.05 

Corn, field, stover ......... 5.0 

Corn, pop, grain ........... 0.05 

Corn, pop, stover .......... 5.0 

Corn, sweet, forage ...... 3.0 

* * * * * 

Corn, sweet, stover ...... 5.0 

* * * * * 

* * * * * 

29. Section 180.443 is amended by 

removing the entry for ‘‘Grape pomace 

(wet and dry)’’ and adding 

alphabetically the following entries to 

the table in paragraph (a) to read as 

follows: 

§ 180.443 Myclobutanil; tolerances for 

residues. 

(a) * * * 

Commodity Parts per million 

*****

Grape, dried pomace ... 10.0 

* * * * * 

Grape, wet pomace ...... 10.0 

* * * * * 

* * * * * 

30. Section 180.446 is amended by 

removing the entry for ‘‘Apple, pomace’’ 

and adding alphabetically the following 

entries to the table in paragraph (a)(1) to 

read as follows: 

§ 180.446 Clofentezine; tolerances for 

residues. 

(a) General. (1) * * * 

Commodity Parts per million 

*****

Apple, dry pomace ....... 3.0 

Apple, wet pomace ....... 3.0 

* * * * * 

* * * * * 

31. Section 180.449 is amended by 

removing the entry for ‘‘Mint’’ and 

adding alphabetically the following 

entries to the table in paragraph (a) to 

read as follows: 

§ 180.449 Avermectin B1 and its delta-8,9- 

isomer; tolerances for residues. 

(a) * * * 

Commodity Parts per million 

* * * * * 

Peppermint, tops .......... 0.010 

* * * * * 

Spearmint, tops ............ 0.010 

* * * * * 

* * * * * 

32. Section 180.452 is amended by 

removing the entries for ‘‘Corn, forage,’’ 

‘‘Corn, grain,’’ and ‘‘Corn, stover’’ and 

adding alphabetically the following 

entries to the table in paragraph (a) to 

read as follows: 

§ 180.452 Primisulfuron-methyl; 

tolerancesfor residues. 

(a) * * * 

Commodity Parts per million 

* * * * * 

Corn, field, forage ......... 0.10 

Corn, field, grain ........... 0.02 

Corn, field, stover ......... 0.10 

Corn, pop, grain ........... 0.02 

Corn, pop, stover .......... 0.10 

Corn, sweet, forage ...... 0.10 

* * * * * 

Corn, sweet, stover ...... 0.10 

* * * * * 

* * * * * 

33. Section 180.454 is amended by 

removing the entries for ‘‘Corn, grain’’ 

and ‘‘Corn, stover’’ and adding 

alphabetically the following entries to 

the table to read as follows: 

§ 180.454 Nicosulfuron, [3- 

pyridinecarboxamide, 2-((((4,6- 

dimethoxypyrimidin-2- 

yl)aminocarbonyl)aminosulfonyl))-N,Ndimethyl]; tolerances for residues. 

Commodity Parts per million 

* * * * * 

Corn, field, grain ........... 0.1 

Corn, field, stover ......... 0.1 

* * * * * 

Corn, pop, grain ........... 0.1 

Corn, pop, stover .......... 0.1 

* * * * * 

mstockstill on PROD1PC66 with PROPOSALS

Federal Register / Vol. 74, No. 102 / Friday, May 29, 2009 / Proposed Rules 25695 

* * * * * 

34. Section 180.462 is amended by 

removing the entries for ‘‘Corn, grain’’ 

and ‘‘Corn, stover’’ and adding 

alphabetically the following entries to 

the table in paragraph (a) to read as 

follows: 

§ 180.462 Pyridate; tolerances for 

residues. 

(a) * * * 

Commodity Parts per million 

* * * * * 

Corn, field, grain ........... 0.03 

Corn, field, stover ......... 0.03 

Corn, pop, grain ........... 0.03 

Corn, pop, stover .......... 0.03 

* * * * * 

* * * * * 

35. Section 180.472 is amended by 

removing the entries for ‘‘Grape, pomace 

(wet or dried),’’ ‘‘Lettuce, head and 

leaf,’’ and ‘‘Tomato, pomace (wet or 

dried)’’ and adding alphabetically the 

following entries to the table in 

paragraph (a) to read as follows: 

§ 180.472 Imidacloprid; tolerances 

forresidues. 

(a) * * * 

Commodity Parts per million 

* * * * * 

Grape, dried pomace 5.0 

* * * * * 

Grape, wet pomace .. 5.0 

* * * * * 

Lettuce, head ............ 3.5 

Lettuce, leaf .............. 3.5 

* * * * * 

Tomato, dry pomace 4.0 

* * * * * 

Tomato, wet pomace 4.0 

* * * * * 

* * * * * 

36. Section 180.476 is amended by 

removing the entries for ‘‘Apple, 

pomace’’ and ‘‘Grape pomace’’ and 

adding alphabetically the following 

entries to the table in paragraph (a)(1) to 

read as follows: 

§ 180.476 Triflumizole; tolerances 

forresidues. 

(a) General. (1) * * * 

Commodity Parts per million 

* * * * * 

Apple, dry pomace ....... 2.0 

Apple, wet pomace ....... 2.0 

* * * * * 

Grape, dried pomace ... 15.0 

* * * * * 

Grape, wet pomace ...... 15.0 

* * * * * 

* * * * * 

37. Section 180.482 is amended as 

follows: 

a. By removing the entries for ‘‘Apple, 

pomace’’ and ‘‘Tree nut crop group 

including pistachio’’ from the table in 

paragraph (a)(1). 

b. By removing the entries for ‘‘Fat of 

cattle, goat, hog, horse, and sheep,’’ 

‘‘Meat byproducts of cattle, goat, hog, 

horse and sheep,’’ and ‘‘Meat of cattle, 

goat, hog, horse and sheep’’ from the 

table in paragraph (a)(2). 

c. By adding alphabetically the 

following entries to the tables in 

paragraphs (a)(1) and (a)(2) to read as 

follows: 

§ 180.482 Tebufenozide; tolerances for 

residues. 

(a) General. (1) * * * 

Commodity Parts per million 

* * * * * 

Apple, dry pomace ....... 3.0 

Apple, wet pomace ....... 3.0 

* * * * * 

Nut, tree, group 14 ....... 0.1 

* * * * * 

Pistachio ....................... 0.1 

* * * * * 

(2) * * * 

Commodity Parts per million 

Cattle, fat ...................... 0.1 

Cattle, meat .................. 0.08 

Cattle, meat byproducts 0.08 

Goat, fat ........................ 0.1 

Goat, meat .................... 0.08 

Goat, meat byproducts 0.08 

Hog, fat ......................... 0.1 

Hog, meat ..................... 0.08 

Hog, meat byproducts .. 0.08 

Horse, fat ...................... 0.1 

Horse, meat .................. 0.08 

Horse, meat byproducts 0.08 

* * * * * 

Sheep, fat ..................... 0.1 

Sheep, meat ................. 0.08 

Sheep, meat byproducts ........................... 0.08 

* * * * * 

38. Section 180.495 is amended by 

removing the entry for ‘‘Apple pomace’’ 

and by adding alphabetically the 

following entries to the table in 

paragraph (a) to read as follows: 

§ 180.495 Spinosad; tolerances for 

residues. 

(a) * * * 

Commodity Parts per million 

* * * * * 

Apple, dry pomace .... 0.5 

Apple, wet pomace ... 0.5 

* * * * * 

* * * * * 

39. Section 180.515 is amended by 

removing the entries for ‘‘Fat (cattle, 

goat, horse, and sheep),’’ ‘‘Meat, (cattle, 

goat, horse, and sheep),’’ and ‘‘Meat, 

byproducts, cattle, goat, horse, and 

sheep’’ and by adding alphabetically the 

following entries to the table in 

paragraph (a) to read as follows: 

§ 180.515 Carfentrazone-ethyl; tolerances 

for residues. 

(a) * * * 

Commodity Parts per million 

* * * * * 

Cattle, fat ...................... 0.10 

Cattle, meat .................. 0.10 

Cattle, meat byproducts 0.10 

* * * * * 

Goat, fat ........................ 0.10 

Goat, meat .................... 0.10 

Goat, meat byproducts 0.10 

* * * * * 

Horse, fat ...................... 0.10 

Horse, meat .................. 0.10 

Horse, meat byproducts 0.10 

* * * * * 

Sheep, fat ..................... 0.10 

Sheep, meat ................. 0.10 

Sheep, meat byproducts ........................... 0.10 

* * * * * 

* * * * * 

40. Section 180.517 is amended by 

removing the entries for ‘‘Fat of cattle, 

goat, horse and sheep,’’ ‘‘Liver of cattle, 

goat, horse and sheep,’’ ‘‘Meat 

Byproducts, except liver of cattle, goat, 

horse, and sheep,’’ and ‘‘Meat of cattle, 

goat, horse and sheep’’ and adding 

alphabetically the following entries to 

the table in paragraph (a) to read as 

follows: 

§ 180.517 Fipronil; tolerances for residues. 

(a) * * * 

Commodity Parts per million 

Cattle, fat ...................... 0.40 

Cattle, liver ................... 0.10 

Cattle, meat .................. 0.04 

Cattle, meat byproducts, except liver ....... 0.04 

* * * * * 

Goat, fat ........................ 0.40 

Goat, liver ..................... 0.10 

Goat, meat .................... 0.04 

Goat, meat byproducts, 

except liver ................ 0.04 

* * * * * 

Horse, fat ...................... 0.40 

Horse, liver ................... 0.10 

Horse, meat .................. 0.04 

Horse, meat byproducts, except liver ....... 0.04 

* * * * * 

Sheep, fat ..................... 0.40 

Sheep, liver .................. 0.10 

Sheep, meat ................. 0.04 

mstockstill on PROD1PC66 with PROPOSALS

25696 Federal Register / Vol. 74, No. 102 / Friday, May 29, 2009 / Proposed Rules 

Commodity Parts per million 

Sheep, meat byproducts, except liver ....... 0.04 

* * * * * 

41. Section 180.554 is amended by 

removing the entry for ‘‘Apple pomace’’ 

and by adding alphabetically the 

following entries to the table in 

paragraph (a)(1) to read as follows: 

§ 180.554 Kresoxim-methyl; tolerances for 

residues. 

(a) General. (1) * * * 

Commodity Parts per million 

Apple, dry pomace .... 1.0 

Apple, wet pomace ... 1.0 

* * * * * 

* * * * * 

42. Section 180.615 is amended by 

removing the entry for ‘‘Wheat, milled 

byproducts’’ and adding alphabetically 

the following entries to the table in 

paragraph (d) to read as follows: 

§ 180.615 Amicarbazone; tolerances for 

residues. 

* * * * * 

(d) * * * 

Commodity Parts per million 

* * * * * 

Wheat, bran .................. 0.15 

Wheat, flour .................. 0.15 

* * * * * 

Wheat, germ ................. 0.15 

* * * * * 

Wheat, middlings, ......... 0.15 

Wheat, shorts ............... 0.15 

* * * * * 

[FR Doc. E9–12566 Filed 5–28–09; 8:45 am] 

BILLING CODE 6560–50–S 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 09–415; MB Docket No. 09–7; RM– 

11424] 

Radio Broadcasting Services; McNary, 

AZ 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: This document requests 

comments on a petition for rulemaking 

filed on behalf of William S. 

Konopnicki, requesting the allotment of 

Channel 249C1 at McNary, Arizona. 

Channel 249C1 can be allotted to 

McNary consistent with the minimum 

distance separation requirements of the 

Commission’s Rules with the imposition 

of a site restriction located 0.3 

kilometers (0.2 miles) northeast of the 

community using reference coordinates 

34–04–30 NL and 109–51–15 WL. 

DATES: Comments must be filed on or 

before June 29, 2009, and reply 

comments on or before July 13, 2009. 

ADDRESSES: Secretary, Federal 

Communications Commission, 445 

Twelfth Street, SW., Washington, DC 

20554. In addition to filing comments 

with the FCC, interested parties should 

serve the petitioner as follows: Jeffrey D. 

Southmayd, Esq., c/o William S. 

Konopnicki, Southmayd & Miller, 1220 

19th Street, NW., Suite 400, 

Washington, DC 20036. 

FOR FURTHER INFORMATION CONTACT: 

Rolanda F. Smith, Media Bureau, (202) 

418–2180. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Notice of 

Proposed Rule Making, MB Docket No. 

09–7, adopted February 18, 2009, and 

released February 20, 2009. An Erratum, 

DA 09–1087 was released on May 19, 

2009, changing the comments and reply 

comments dates in this proceeding. The 

full text of this Commission decision is 

available for inspection and copying 

during normal business hours in the 

FCC’s Reference Information Center at 

Portals II, CY–A257, 445 Twelfth Street, 

SW., Washington, DC 20554. This 

document may also be purchased from 

the Commission’s duplicating 

contractors, Best Copy and Printing, 

Inc., 445 12th Street, SW., Room CY– 

B402, Washington, DC 20554, telephone 

1–800–378–3160 or via e-mail http:// 

www.BCPIWEB.com. This document 

does not contain proposed information 

collection requirements subject to the 

Paperwork Reduction Act of 1995, 

Public Law 104–13. In addition, 

therefore, it does not contain any 

proposed information collection burden 

‘‘for small business concerns with fewer 

than 25 employees,’’ pursuant to the 

Small Business Paperwork Relief Act of 

2002, Public Law 107–198, see 44 U.S.C. 

3506(c)(4). 

Provisions of the Regulatory 

Flexibility Act of 1980 do not apply to 

this proceeding. 

Members of the public should note 

that from the time a Notice of Proposed 

Rule Making is issued until the matter 

is no longer subject to Commission 

consideration or court review, all ex 

parte contacts are prohibited in 

Commission proceedings, such as this 

one, which involve channel allotments. 

See 47 CFR 1.1204(b) for rules 

governing permissible ex parte contacts. 

For information regarding proper 

filing procedures for comments, see 47 

CFR 1.415 and 1.420. 

List of Subjects in 47 CFR part 73 

Radio, Radio broadcasting. 

For the reasons discussed in the 

preamble, the Federal Communications 

Commission proposes to amend 47 CFR 

Part 73 as follows: 

PART 73—RADIO BROADCAST 

SERVICES 

1. The authority citation for part 73 

continues to read as follows: 

Authority: 47 U.S.C. 154, 303, 334, 336. 

§ 73.202 [Amended] 

2. Section 73.202(b), the Table of FM 

Allotments under Arizona, is amended 

by adding McNary, Channel 249C1. 

Federal Communications Commission. 

John A. Karousos, 

Assistant Chief, Audio Division, Media 

Bureau. 

[FR Doc. E9–12534 Filed 5–28–09; 8:45 am] 

BILLING CODE 6712–01–P 

mstockstill on PROD1PC66 with PROPOSALS