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. 

Federal Register / Vol. 74, No. 120 / Wednesday, June 24, 2009 / Rules and Regulations 29967 

• 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 June 13, 

2008 (73 FR 33814) (FRL–8367-3), 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 7F7306) by 

Monsanto Company (a member of the 

Acetochlor Registration Partnership 

(ARP), 1300 I St., NW., Suite 450 East, 

Washington, DC 20005. The petition 

requested that 40 CFR 180.470 be 

amended by establishing tolerances for 

the herbicide acetochlor, (2-chloro-2’- 

methyl-6’-ethyl-Nethoxymethylacetanilide) and its 

metabolites containing either the 2- 

ethyl-6-methylniline (EMA) or the 2-(1- 

hydroxyethyl-6-methyl-aniline (HEMA) 

moiety, to be expressed as acetochlor in 

or on the food commodities when 

present therein as a result of the 

application of acetochlor to growing 

crops: Corn, field, forage at 4.5 parts per 

million (ppm) and corn, field, stover at 

3.0 ppm. That notice referenced a 

summary of the petition prepared by 

Monsanto Company, 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. 

Monsanto Company has requested an 

amendment to its registration for 

acetochlor under Federal Insecticide, 

Fungicide, and Rodenticide Act (FIFRA) 

which would modify the use pattern for 

post-emergence application by allowing 

application of acetochlor to corn up to 

30 inches in height. Current products 

are registered for post-emergence 

application up to 11 inches in height. 

The petitioner is requesting that 

tolerances be increased to support this 

use pattern. 

Based upon review of the data 

supporting the petition, EPA has 

determined that the proposed tolerances 

in this petition should remain in 

§ 180.470 (a) which reads: ‘‘Tolerances 

are established for residues of 

acetochlor; 2-chloro-2’-methyl-6-ethylN-ethoxymethylacetanilide, and its 

metabolites containing the ethyl methyl 

aniline (EMA) and the hydroxyethyl 

methyl aniline (HEMA) moiety, to be 

analyzed as acetochlor and expressed as 

acetochlor equivalents, in or on the 

following raw agricultural 

commodities.’’ Also, the Agency has 

determined that available data support 

tolerances of 2.5 ppm for corn, field, 

stover, and that the current tolerance for 

corn, pop, stover must be increased to 

2.5 ppm. The proposed numerical value 

for the tolerance on corn, field, forage 

remains at 4.5 ppm. The reasons for 

these changes are explained in Unit 

IV.D. 

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 acetochlor on 

corn, field, forage at 2.5 ppm, corn, 

field, stover at 2.5 ppm, and corn, pop, 

stover at 2.5 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 acetochlor as well as the noobserved-adverse-effect-level (NOAEL) 

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

can be found at http:// 

www.regulations.gov in the document 

entitled ‘‘Acetochlor- RED Phase 2 

Revised HED Chapter of the TRED’’ and 

is available in docket ID number EPA– 

HQ–OPP–2005–0227 identified as 

document 0004. 

B. Toxicological Endpoints 

For hazards that have a threshold 

below which there is no appreciable 

risk, a toxicological point of departure 

(POD) is identified as the basis for 

derivation of reference values for risk 

assessment. The POD may be defined as 

the highest dose at which no adverse 

effects are observed (the NOAEL) in the 

toxicology study identified as 

appropriate for use in risk assessment. 

However, if a NOAEL cannot be 

determined, the lowest dose at which 

adverse effects of concern are identified 

(the LOAEL) or a Benchmark Dose 

(BMD) approach is sometimes used for 

risk assessment. Uncertainty/safety 

factors (UFs) are used in conjunction 

with the POD to take into account 

uncertainties inherent in the 

extrapolation from laboratory animal 

data to humans and in the variations in 

sensitivity among members of the 

human population as well as other 

unknowns. Safety is assessed for acute 

and chronic dietary risks by comparing 

aggregate food and water exposure to 

the pesticide to the acute population 

adjusted dose (aPAD) and chronic 

population adjusted dose (cPAD). The 

aPAD and cPAD are calculated by 

dividing the POD by all applicable UFs. 

Aggregate short-, intermediate-, and 

chronic-term risks are evaluated by 

comparing food, water, and residential 

exposure to the POD to ensure that the 

margin of exposure (MOE) called for by 

the product of all applicable UFs is not 

exceeded. This latter value is referred to 

as the level of concern (LOC). 

For non-threshold risks, the Agency 

assumes that any amount of exposure 

will lead to some degree of risk. Thus, 

the Agency estimates risk in terms of the 

probability of an occurrence of the 

adverse effect greater than that expected 

in a lifetime. For more information on 

the general principles EPA uses in risk 

characterization and a complete 

29968 Federal Register / Vol. 74, No. 120 / Wednesday, June 24, 2009 / Rules and Regulations 

description of the risk assessment 

process, see http://www.epa.gov/ 

pesticides/factsheets/riskassess.htm. 

A summary of the toxicological 

endpoints for acetochlor used for 

human risk assessment can be found at 

http://www.regulations.gov in document 

‘‘Acetochlor: Human Health Risk 

Assessment to Support the Proposed 

Uses on Sorghum and Sweet Corn and 

Rotational Crops of Nongrass Animal 

Feeds (Group 18), Sugar Beets, Dried 

Shelled Beans and Peas (Subgroup 6C), 

Sunflowers, Potatoes, Cereal Grains 

(Group 15), and Forage, Fodder, and 

Straw of Cereal Grains (Group 16),’’ 

page 11 in Docket ID number EPA–HQ– 

OPP–2006–0203. 

C. Exposure Assessment 

The increased tolerances proposed in 

this rule do not result in changes in the 

exposures or risk assessments reported 

in the previous risk assessments or in 

the final rule published in the Federal 

Register of May 16, 2007 (72 FR 27463) 

(FRL–8126–2). The changed use pattern 

and increased tolerances are only 

applicable to animal feed commodities 

and not human food. Currently, the 

available data show that acetochlor 

residues in animal feed are unlikely to 

result in finite amounts of acetochlor in 

animal commodities for human 

consumption. This will not change with 

the changed use pattern and increase in 

tolerance levels. EPA has calculated the 

maximum theoretical dietary burden for 

livestock based on the increased 

tolerances and compared those with the 

results from livestock feeding studies 

with acetochlor-impregnated feed. That 

comparison showed that finite residues 

in animal commodities for human 

consumption remain unlikely. The data 

supporting this conclusion are set forth 

in the Agency review entitled 

‘‘Acetochlor. Petition for Increased 

Tolerances for Field Corn Forage and 

Stover to Support Amended Use on 

Field Corn, Summary of Analytical 

Chemistry and Residue Data,’’ available 

at www.regulations.gov in Docket ID 

number EPA–HQ–OPP–2008–0384 and 

identified as document EPA–HQ–OPP– 

2008–0384–0003. Further, the changed 

use pattern for acetochlor will not result 

in higher estimated levels in drinking 

water because other registered 

acetochlor uses on corn allow greater 

application amounts. 

Accordingly, based on the risk 

assessments, and findings made in May 

16, 2007 final rule for acetochor, EPA 

concludes that there is a reasonable 

certainty that no harm will result to the 

general population, or to infants and 

children from aggregate exposure to 

acetochlor residues. 

IV. Other Considerations 

A. Analytical Enforcement Methodology 

An adequate high performance liquid 

chromatography with oxidative 

coulometric electrochemical detector 

(HPLC/OCED) method is available for 

enforcement of tolerances for acetochlor 

and its metabolites in plant 

commodities including corn, field, 

forage; corn, field, stover, and corn, pop, 

stover. This method is listed as Method 

I for plants in PAM Vol. II. 

B. International Residue Limits 

There are no Codex or Canadian 

Maximum Residue Levels (MRLs) 

established for acetochlor on 

agricultural Commodities. A Mexican 

MRL is established for residues of 

acetochlor per se, as ‘‘acetochlor’’ in/on 

corn (maize) at 0.04 ppm. The 

acetochlor tolerances EPA is 

establishing in this action differ from 

the tolerance expression for the Mexican 

MRL, because of the inclusion of the 

EMA and HEMA metabolites in the 

tolerance expression. At this time 

harmonization between the U.S. 

tolerances and Mexican MRL can not be 

achieved because of the inclusion of the 

EMA and HEMA metabolites in the EPA 

tolerance expression are necessary to 

support use patterns in the United 

States. 

C. Response to Comments 

One commenter submitted a comment 

stating a general opposition to all 

genetically engineered foods. This 

comment is non-responsive to the 

proposed action in that Monsanto 

petitioned for modification of a 

tolerance for pesticide residues and not 

approval of a genetically engineered 

food. 

D. Revisions to Petitioned-For 

Tolerances 

The tolerance spreadsheet in the 

Agency’s Guidance for Setting 

Tolerances Based on Field Trial Data 

was utilized in determining appropriate 

tolerance levels for field corn forage and 

stover. The available data supports the 

proposed tolerance for field corn forage 

at 4.5 ppm, but indicates that the 

proposed tolerance for field corn stover 

of 3.0 ppm is too high. The data support 

a tolerance of 2.5 ppm for field corn 

stover. The Agency previously 

concluded that field corn trial data 

would support tolerances on pop corn; 

therefore, the available field trial data 

will also support a tolerance of 2.5 ppm 

for pop corn stover. Therefore, EPA is 

revising these tolerances to agree with 

levels the field trial data support. 

V. Conclusion 

Therefore, tolerances are established 

for residues of acetochlor; 2-chloro-2’- 

methyl-6-ethyl-Nethoxymethylacetanilide, and its 

metabolites containing the ethyl methyl 

aniline (EMA) and the hydroxyethyl 

methyl aniline (HEMA) moiety, to be 

analyzed as acetochlor and expressed as 

acetochlor equivalents, in or on corn, 

field, forage at 4.5 ppm; corn, field, 

stover at 2.5 ppm; and corn, pop, stover 

at 2.5 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, 

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 

Federal Register / Vol. 74, No. 120 / Wednesday, June 24, 2009 / Rules and Regulations 29969 

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 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 180.470 is amended by 

revising the following entries in the 

table in paragraph (a) to read as follows: 

§ 180.470 Acetochlor; tolerances for 

residues. 

(a) * * * 

Commodity Parts per million 

Corn, field, forage ........... 4.5 

*****

Corn, field, stover ........... 2.5 

*****

Corn, pop, stover ............ 2.5 

*****

* * * * * 

[FR Doc. E9–14581 Filed 6–23–09; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2008-0856; FRL–8418–8] 

Starch, oxidized, polymers with Bu 

acrylate, tert-Bu acrylate and styrene; 

Tolerance Exemption 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes an 

exemption from the requirement of a 

tolerance for residues of starch, 

oxidized, polymers with Bu acrylate, 

tert-Bu acrylate and styrene, minimum 

number average molecular weight (in 

amu) 10,000, (CAS Reg. No. 204142–80– 

3) when used as an inert ingredient in 

a pesticide chemical formulation under 

40 CFR 180.960. Kemira Chemicals, 

Inc., submitted a petition to EPA under 

the Federal Food, Drug, and Cosmetic 

Act (FFDCA), requesting an exemption 

from the requirement of a tolerance. 

This regulation eliminates the need to 

establish a maximum permissible level 

for residues of starch, oxidized, 

polymers with Bu acrylate, tert-Bu 

acrylate and styrene, on food or feed 

commodities. 

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–2008–0856. 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: 

Deirdre Sunderland, Registration 

Division (7505P), Office of Pesticide 

Programs, Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460–0001; telephone 

number: (703) 603–0851; e-mail address: 

sunderland.deirdre@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this Action Apply to Me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. Potentially 

affected entities may include, but are 

not limited to: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

This listing is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

affected by this action. Other types of 

entities not listed in this unit could also 

be affected. The North American 

Industrial Classification System 

(NAICS) codes have been provided to 

assist you and others in determining 

whether this action might apply to 

certain entities. 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 40 CFR part 180 

through the Government Printing