Federal Register / Vol. 74, No. 120 / Wednesday, June 24, 2009 / Rules and Regulations 29963 

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: June 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. Paragraph (a) of §180.314 is revised 

to read as follows: 

§180.314 Triallate; tolerances for residues. 

(a) General. Tolerances are 

established for residues of triallate, S2,3,4-trichloroallyl 

diisopropylthiocarbamate and its 

metabolite 2,3,3-trichloroprop-2- 

enesulfonic acid (TCPSA) in or on the 

following food commodity: 

Commodity Parts per million 

Bermudagrass, hay ........ 0.3 

* * * * * 

[FR Doc. E9–14869 Filed 6–23–09; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2009–0007; FRL–8417–5] 

Glyphosate; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation increases the 

tolerance for residues of glyphosate in 

or on cotton, gin byproducts. 

Cheminova, Inc requested these 

tolerances under the Federal Food, 

Drug, and Cosmetic Act (FFDCA). 

DATES: This regulation is effective June 

24, 2009. Objections and requests for 

hearings must be received on or before 

August 24, 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–2009–0007. 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: 

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 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 

29964 Federal Register / Vol. 74, No. 120 / Wednesday, June 24, 2009 / Rules and Regulations 

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–2009–0007 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 August 24, 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 

may be disclosed publicly by EPA 

without prior notice. Submit this copy, 

identified by docket ID number EPA– 

HQ–OPP–2009–0007, 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 March 25, 

2009 (74 FR 12857) (FRL–8399–4), 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 8F7451) by 

Cheminova, One Park Drive, Research 

Triangle Park, NC 27707. The petition 

requested that 40 CFR 180.364 be 

amended by establishing tolerances for 

residues of the herbicide glyphosate, N- 

(phosphonomethyl)glycine, resulting 

from the application of glyphosate, the 

isoproplyamine salt of glyphosate, the 

ethanolamine salt of glyphosate, the 

dimethylamine salt of glyphosate, the 

ammonium salt of glyphosate, and the 

potassium salt of glyphosate in or on 

cotton, gin byproducts at 210 parts per 

million (ppm). That notice referenced a 

summary of the petition prepared by 

Cheminova. Inc, the registrant, which is 

available to the public in the docket, 

http://www.regulations.gov. Comments 

were received on the notice of filing. 

EPA’s response to these comments is 

discussed in Unit IV.C. 

Cheminova, Inc has requested a 

Section 3 registration under the Federal 

Insecticide, Fungicide, and Rodenticide 

Act (FIFRA) for application of 

glyphosate to glyphosate tolerant cotton 

including Bayer GHB614 cotton (GlyTol 

cotton), a genetically modified cotton 

being commercialized by Bayer Crop 

Science. As a result, the petitioner has 

requested that the current tolerance for 

cotton, gin byproducts be increased to 

210 ppm. This petition was filed in 

conjunction with Cheminova’s 

requested change to its FIFRA 

registration. 

Based upon review of the data 

supporting the petition, EPA has 

determined that the proposed tolerance 

in this petition should remain in 

40CFR180.364 (a)(1) which reads: 

Tolerances are established for residues 

of the herbicide glyphosate, N- 

(phosphonomethyl)glycine, resulting 

from the application of glyphosate, the 

isoproplyamine salt of glyphosate, the 

ethanolamine salt of glyphosate, the 

dimethylamine salt of glyphosate, the 

ammonium salt of glyphosate, and the 

potassium salt of glyphosate on the 

following food commodities. The 

proposed numerical value for the 

proposed tolerance on cotton, gin 

byproducts remains 210 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 glyphosate on 

cotton, gin by products at 210 ppm. 

EPA’s assessment of exposures and risks 

associated with establishing tolerances 

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 adverse effects caused 

by glyphosate as well as the noobserved-adverse-effect-level (NOAEL) 

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

are discussed in the rule making 

document referenced in this unit. A 

summary of the toxicological endpoints 

and current risk assessments for 

glyphosate can be found in the same 

rule making document. 

In amending the glyphosate cotton, 

gin byproducts tolerance, EPA relies on 

the risk assessment and safety finding 

made in the final rule published in the 

Federal Register of December 20, 2006 

(71 FR 73586) (FRL–8385–7) which 

established tolerances for residues of 

glyphosate in or on noni at 0.20 ppm 

and various other commodities. For the 

reasons explained in this unit, 

increasing the cotton, gin byproducts 

tolerance to 210 ppm does not change 

the human exposure and risk to 

glyphosate as set forth in that 2006 

rulemaking. Accordingly, EPA herein 

adopts the safety findings in that 

rulemaking. 

Increasing the current glyphosate 

tolerance for cotton, gin byproducts to 

210 ppm does not result in changes in 

the exposure or risk estimates reported 

in the previous risk assessments for the 

reasons listed in this unit and discussed 

in the Agency review entitled 

Glyphosate Label Amendment to Permit 

Application of Glyphosate to Bayer’s 

Glyphosate-Tolerant Cotton GHB614., 

available at www.regulations.gov in 

Docket ID number EPA–HQ–OPP–2009– 

0007 and identified as EPA–HQ–OPP– 

2009–0007–0002. 

Federal Register / Vol. 74, No. 120 / Wednesday, June 24, 2009 / Rules and Regulations 29965 

1. Glyphosate is currently registered 

for application to cotton genetically 

modified to express the Agrobacterium 

EPSPS gene. Available information 

indicate that Bayer GHB614 cotton 

(GlyTol Cotton) has been genetically 

modified to produce the 2mEPSPS 

protein which is not inhibited by 

glyphosate. The 2mEPSPS gene was 

generated by introducing mutations into 

the wild maize gene. The 2mEPSPs 

protein differs from the wild maize 

EPSPS protein by two amino acids. 

Based on the current metabolism data 

and because tolerance to glyphosate in 

GHB614 cotton is conferred via 

modification of an endogenous plant 

EPSPS gene so that the plant is no 

longer sensitive (i.e. tolerance is not 

conveyed via metabolism of the 

herbicide), the Agency concludes that 

previous conclusions concerning the 

residues of concern for tolerance 

expression and risk assessment are 

applicable to GHB614 cotton (i.e. the 

residues of concern for tolerance 

expression and risk assessment are 

glyphosate per se). 

2. The numerical value of all but one 

feed tolerance will remain the same. 

3. The most recent dietary analysis 

assumed tolerance level residues and 

100% crop treated. 

4. The estimate of glyphosate levels in 

drinking water is based on a glyphosate 

use involving direct application to water 

at 3.75 pounds active ingredient per 

acre. The proposed use pattern is the 

same as the currently registered use 

pattern on glyphosate tolerant cotton. 

Use of glyphosate on GlyTol Cotton will 

not result in higher levels in drinking 

water. 

5. Previously calculated dietary 

burden to beef and dairy cattle were 

based on alfalfa hay (400 ppm tolerance) 

being the significant contributor to the 

diet. Because cotton, gin byproducts 

constitute a minor feed commodity (5% 

of the beef cattle and not feed to dairy 

cattle), the Agency concludes that the 

increase in cotton, gin byproducts 

tolerance to 210 ppm will not 

significantly affect the magnitude of the 

residue in livestock. Therefore, no 

increase in currently established 

livestock tolerances is necessary. 

6. Previously calculated dietary 

burden to poultry were based on alfalfa 

meal (400 ppm). The previously 

calculated dietary burden to hog was 

based on alfalfa meal and barley grain 

(20 ppm). The numerical values for 

these commodities remain unchanged. 

Cotton, gin byproducts are not feed to 

poultry and hog. Therefore, the Agency 

concludes that the increase in the 

cotton, gin byproducts tolerance to 210 

ppm will not significantly affect the 

magnitude of the residue in poultry or 

hog, and no increases in tolerance for 

these commodities are necessary. 

Therefore, based on the risk 

assessments discussed in the notices 

referenced above, EPA concludes that 

no harm will result to the general 

population or to infants and children 

from aggregate exposure to glyphosate 

residues. 

IV. Other Considerations 

A. Analytical Enforcement Methodology 

Adequate enforcement methodology 

(high performance liquid 

chromatography (HPLC) with 

fluorometric detection and gas 

chromatography with mass 

spectrometry (GC/MS)) are available to 

enforce the tolerance expression. The 

methods may be requested from: Chief, 

Analytical Chemistry Branch, 

Environmental Science Center, 701 

Mapes Rd., Ft. Meade, MD 20755–5350; 

telephone number: (410) 305–2905; email address: residuemethods@epa.gov. 

B. International Residue Limits 

There are no Codex MRLs for 

glyphosate on cotton, gin byproducts. 

MRLs are not set for cotton, gin 

byproduct, as it is not considered a 

major item in international trade. No 

Canadian or Mexican MRLs exist for 

glyphosate on cotton, gin byproducts. 

C. Response to Comments 

One comment was received from a 

private citizen objecting to the 

establishment of tolerances. The Agency 

has received similar comments from this 

commenter on numerous previous 

occasions. Refer to the Federal Register 

of March 14, 2007 (72 FR 11784; FRL– 

8117–2) for the Agency response to 

these objections. 

V. Conclusion 

Therefore, tolerances are established 

for residues of glyphosate, N- 

(phosphonomethyl)glycine, resulting 

from the application of glyphosate, the 

isoproplyamine salt of glyphosate, the 

ethanolamine salt of glyphosate, the 

dimethylamine salt of glyphosate, the 

ammonium salt of glyphosate, and the 

potassium salt of glyphosate on cotton, 

gin byproducts at 210 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, 

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). 

29966 Federal Register / Vol. 74, No. 120 / Wednesday, June 24, 2009 / Rules and Regulations 

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: June 11, 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 180.364 is amended by 

revising the following entry in the table 

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

§ 180.364 Glyphosate; tolerances for 

residues. 

(a) General. (1) * * * 

Commodity Parts per million 

* * * * * 

Cotton, gin byproducts ... 210 

* * * * * 

* * * * * 

[FR Doc. E9–14594 Filed 6–23–09; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2008–0384; FRL–8417–8] 

Acetochlor; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation modifies 

tolerances for residues of acetochlor and 

its metabolites in or on the commodities 

corn, field, forage; corn, field, stover; 

and corn, pop, stover. The modifications 

are detailed in Unit II. of this document. 

Monsanto Company requested these 

tolerances under the Federal Food, 

Drug, and Cosmetic Act (FFDCA). 

DATES: This regulation is effective June 

24, 2009. Objections and requests for 

hearings must be received on or before 

August 24, 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–2008–0384. 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: 

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 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–2008–0384 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 August 24, 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 

may be disclosed publicly by EPA 

without prior notice. Submit this copy, 

identified by docket ID number EPA– 

HQ–OPP–2008–0384 by one of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments.