37618 Federal Register / Vol. 74, No. 144 / Wednesday, July 29, 2009 / Rules and Regulations 

Commodity Parts per million 

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Cucumber ................................................................................................................ 0.10 

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Melon subgroup 9A ................................................................................................. 0.10 

*** * *

Okra ......................................................................................................................... 0.20 

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Vegetable, fruiting, group 8 ..................................................................................... 0.20 

* * * * * 

[FR Doc. E9–17942 Filed 7–28–09; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2009–0189; FRL–8427–3] 

S-Abscisic Acid; Temporary 

Exemption From the Requirement of a 

Tolerance 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes a 

temporary exemption from the 

requirement of a tolerance for residues 

of the biochemical pesticide S-Abscisic 

Acid, (S)-5-(1-hydroxy-2,6,6-trimethyl4-oxo-1-cyclohex-2-enyl)-3-methylpenta-(2Z,4E)-dienoic Acid in or on 

leafy vegetables, herbs and spices, pome 

fruit, stone fruit, grapes and pineapples 

when applied/used as a plant regulator 

in accordance with the terms of 

Experimental Use Permit (EUP) 73049– 

EUP–7. Valent BioSciences Corporation 

submitted a petition to EPA under the 

Federal Food, Drug, and Cosmetic Act 

(FFDCA), requesting the temporary 

tolerance exemption. This regulation 

eliminates the need to establish a 

maximum permissible level for residues 

of S-Abscisic Acid, (S)-5-(1-hydroxy2,6,6-trimethyl-4-oxo-1-cyclohex-2- 

enyl)-3-methyl-penta-(2Z,4E)-dienoic 

Acid for the uses permitted under EUP 

73049–EUP–7. The temporary tolerance 

exemption expires on August 7, 2012. 

DATES: This regulation is effective July 

29, 2009. Objections and requests for 

hearings must be received on or before 

September 28, 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–2009–0189. 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: 

Chris Pfeifer, Biopesticides and 

Pollution Prevention Division (7511P), 

Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

(703) 308–0031; e-mail address: 

pfeifer.chris@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 

Office’s e-CFR site 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. The EPA procedural 

regulations which govern the 

submission of objections and requests 

for hearings appear in 40 CFR part 178. 

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–2009–0189 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 

on or before September 28, 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 your 

copies, identified by docket ID number 

EPA–HQ–OPP–2009–0189, by one of 

the following methods. 


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Federal Register / Vol. 74, No. 144 / Wednesday, July 29, 2009 / Rules and Regulations 37619 

• 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. Background and Statutory Findings 

In the Federal Register of April 8, 

2009 (74 FR 15969) (FRL–8407–6), 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 tolerance petition (PP 9G7532) 

by Valent BioSciences Corporation, 870 

Technology Way, Libertyville, IL 60048. 

The petition requested that 40 CFR part 

180 be amended by establishing a 

temporary exemption from the 

requirement of a tolerance for residues 

of S-Abscisic Acid, (S)-5-(1-hydroxy2,6,6-trimethyl-4-oxo-1-cyclohex-2- 

enyl)-3-methyl-penta-(2Z,4E)-dienoic 

Acid in or on leafy vegetables, herbs and 

spices, pome fruit, stone fruit, grapes 

and pineapples. This notice included a 

summary of the petition prepared by the 

petitioner, Valent BioSciences 

Corporation, which is included in the 

docket for this rule. In that summary, 

Valent BioSciences Corporation 

requested an expansion of the 

temporary exemption of a requirement 

for tolerance for S-Abscisic Acid 

(commonly abbreviated as ABA) to 

extend to leafy vegetables, herbs and 

spices, pome fruit, stone fruit, grapes 

and pineapples pursuant to the issuance 

of EPA EUP Number 73049–EUP–7. 

This EUP is designed to test ABA for its 

ability to aid in fruit thinning, growth 

control, crop stress reduction and crop 

quality improvement, and proposes a 

maximum rate of 2,000 parts per million 

(ppm) per acre to be applied up to four 

times annually. The EUP proposes to 

study ABA over 3 years (until August 7, 

2012) and would cover a sum total of 

6,913 acres. There were no comments 

received in response to the notice of 

filing. 

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

allows EPA to establish an exemption 

from the requirement for a tolerance (the 

legal limit for a pesticide chemical 

residue in or on a food) only if EPA 

determines that the exemption is ‘‘safe.’’ 

Section 408(c)(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. Pursuant to 

section 408(c)(2)(B) of FFDCA, in 

establishing or maintaining in effect an 

exemption from the requirement of a 

tolerance, EPA must take into account 

the factors set forth in section 

408(b)(2)(C) of FFDCA, which require 

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....’’ 

Additionally, section 408(b)(2)(D) of 

FFDCA requires that the Agency 

consider ‘‘available information 

concerning the cumulative effects of a 

particular pesticide’s residues’’ and 

‘‘other substances that have a common 

mechanism of toxicity.’’ 

EPA performs a number of analyses to 

determine the risks from aggregate 

exposure to pesticide residues. First, 

EPA determines the toxicity of 

pesticides. Second, EPA examines 

exposure to the pesticide through food, 

drinking water, and through other 

exposures that occur as a result of 

pesticide use in residential settings. 

III. Toxicological Profile 

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

of FFDCA, EPA has reviewed the 

available scientific data and other 

relevant information in support of this 

action and considered its validity, 

completeness and reliability, and the 

relationship of this information 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. 

S-Abscisic Acid is a plant regulator 

present in all vascular plants, algae and 

some fungi. Its name derives from its 

purported role in abscission - the 

shedding of leaves, fruits, flowers and 

seeds. As a plant hormone, S-Abscisic 

Acid is known to be a strong actor in 

regulating plant growth by aiding in 

stress resistance, fruit set, ripening, and 

senescence. It is naturally present in 

fruits and vegetables at various levels, 

generally not in excess of 10 ppm, and 

has always been a component of any 

diet containing plant materials. To date, 

no toxic effects to humans have been 

associated with the consumption of 

ABA in fruits and vegetables. 

S-Abscisic Acid, (S)-5-(1-hydroxy2,6,6-trimethyl-4-oxo-1-cyclohex-2- 

enyl)-3-methyl-penta-(2Z,4E)-dienoic 

Acid is virtually non-toxic with regard 

to acute toxicity. The lethal dose (LD)50

for acute oral toxicity using the rat was 

greater than 5,000 milligrams/kilogram 

(mg/kg) of body weight in female rats, 

so it is classified as a Toxicity Category 

IV for acute oral toxicity. The LD50 for 

acute dermal toxicity using the rat was 

greater than 5,000 mg/kg body weight in 

male and female rats, so it is classified 

as a Toxicity Category IV for acute 

dermal toxicity. The lethal 

concentration (LC)50 for acute inhalation 

toxicity was greater than 2.06 mg/liter 

(L) in male and female rats, so it is 

classified as a Toxicity Category IV for 

acute inhalation toxicity. Primary eye 

irritation, tested in rabbits, showed mild 

irritation to the eye (Toxicity Category 

III). Iritis and conjunctivitis cleared after 

24 hours. Primary skin irritation, tested 

in the rabbit, showed this material to be 

slightly irritating. This irritation cleared 

within 24 hours after treatment. ABA 

was tested for Sensitization in the 

Guinea Pig and found not to be a skin 

sensitizer. 

1. Genotoxicity. Three mutagenicity 

studies (an Ames test, a mouse 

micronucleus assay, and an 

unscheduled DNA synthesis assay in 

the rat) determined that ABA was not 

mutagenic. 

2. Developmental toxicity and 

Subchronic toxicity. The Agency does 

not believe that there is any 

development toxicity or subchronic 

toxicity concern associated with ABA 

for several reasons. Public literature 

indicates that there are no grounds for 

concern with regard to the 

developmental toxicity or subchronic 

toxicity of ABA. Because of the 

extremely short half-life and dissipation 

qualities of ABA, the Agency expects 

treated food to return to background 

levels within 5 days of application; 

therefore, there is a lack of potential oral 

exposure. Moreover, ABA is virtually 

non-toxic through the oral route of 

exposure. Finally, because of the preexisting ubiquity of ABA in our diet 

without issue, developmental toxicity 

and subchronic toxicity are not 

considered to be of concern. 

IV. Aggregate Exposures 

In examining aggregate exposure, 

section 408 of FFDCA directs EPA to 

consider available information 


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37620 Federal Register / Vol. 74, No. 144 / Wednesday, July 29, 2009 / Rules and Regulations 

concerning exposures from the pesticide 

residue in food and all other nonoccupational exposures, including 

drinking water from ground water or 

surface water and exposure through 

pesticide use in gardens, lawns, or 

buildings (residential and other indoor 

uses). 

A. Dietary Exposure 

ABA is a plant regulator present in all 

vascular plants, algae and some fungi. It 

is naturally present in fruits and 

vegetables at various levels, generally 

not in excess of 10 ppm, and has always 

been a component of any diet 

containing plant materials. Because of 

the rapid degradation of ABA, the 

proposed uses of this product are not 

expected to result in dietary residues in 

or on leafy vegetables, herbs and spices, 

pome fruit, stone fruit, grapes and 

pineapples, above the natural 

background levels. 

1. Food. Residues of ABA applied to 

leafy vegetables, herbs and spices, pome 

fruit, stone fruit, grapes and pineapples 

can be expected to rapidly dissipate to 

levels consistent with those observed 

naturally. Data submitted by the 

registrant confirm ABA’s dissipation 

through rapid metabolism, photoisomerization, and rapid degradation. 

Because of its ability to dissipate 

rapidly, ABA, when used in accordance 

with the terms of EUP 73049–EUP–7, is 

not expected to result in residues in or 

on leafy vegetables, herbs and spices, 

pome fruit, stone fruit, grapes and 

pineapples, above the natural 

background levels typically found in 

other commonly consumed fruits or 

vegetables. As mentioned above, it is 

noted that ABA is already commonly 

consumed. It is naturally present in 

fruits and vegetables at various levels 

(up to 10 ppm) and has always been a 

component of any diet containing plant 

materials. 

2. Drinking water exposure. Pursuant 

to the terms of EUP 73049–EUP–7, 

applications are expected to be made to 

leafy vegetables, herbs and spices, pome 

fruit, stone fruit, grapes and pineapples 

using a maximum application rate of 

2,000 ppm per acre (using a maximum 

of 200 gallons). Due to the low 

concentration and volume of 

application solution, leaching into 

groundwater is unlikely. Applications 

are made directly to leafy vegetables, 

herbs and spices, pome fruit, stone fruit, 

grapes and pineapples; therefore, 

accidental application to lakes or steams 

is unlikely. However, even if ABA 

leached into groundwater, data show 

that ABA is rapidly metabolized and 

photo-isomerized, further diminishing 

the likelihood of any extra-normal ABA 

residues being transferred to water. Data 

submitted to the Agency show ABA is 

also naturally present in water. The 

Agency therefore concludes that any 

residues resulting from the application 

of ABA to leafy vegetables, herbs and 

spices, pome fruit, stone fruit, grapes 

and pineapples are not expected to 

result in any significant drinking water 

exposure beyond natural background 

levels of ABA already present in water. 

B. Other Non-Occupational Exposure 

Potential non-occupational exposure 

is considered unlikely for this distinctly 

agricultural use pattern. 

1. Dermal exposure. Nonoccupational dermal exposures to ABA 

when used as a pesticide are expected 

to be negligible because it is limited to 

an agricultural use under this EUP. 

2. Inhalation exposure. Nonoccupational inhalation exposures to 

ABA when used as a pesticide are 

expected to be negligible because it is 

limited to an agricultural use under this 

EUP. 

V. Cumulative Effects 

Section 408(b)(2)(D)(v) of FFDCA 

requires the Agency, when considering 

whether to establish, modify, or revoke 

a tolerance, to consider ‘‘available 

information’’ concerning the cumulative 

effects of pesticide residues and ‘‘other 

substances that have a common 

mechanism of toxicity.’’ These 

considerations include the cumulative 

effects of such residues on infants and 

children. Because there is no indication 

of mammalian toxicity from ABA, the 

Agency concludes that ABA does not 

share a common mechanism of toxicity 

with other substances. Therefore, 

section 408(b)(2)(D)(v) does not apply. 

VI. Determination of Safety for U.S. 

Population, Infants and Children 

1. U.S. population. The Agency has 

determined that there is a reasonable 

certainty that no harm will result from 

aggregate exposure to residues of ABA 

to the U.S. population. This includes all 

anticipated dietary exposures and other 

non-occupational exposures for which 

there is reliable information. The 

Agency arrived at this conclusion based 

on the relatively low levels of 

mammalian dietary toxicity associated 

with ABA, the natural ubiquity of ABA 

in our foodstuffs, and data indicating 

that the pesticidal use of ABA results in 

residues that approximate natural 

background levels. For these reasons, 

the Agency has determined that ABA 

residues on leafy vegetables, herbs and 

spices, pome fruit, stone fruit, grapes 

and pineapples will be safe, i.e., there 

is a reasonable certainty that no harm 

will result from aggregate exposure to 

residues of ABA when used in 

accordance with the terms of EUP 

73049–EUP–7. 

2. Infants and children. FFDCA 

section 408 provides that EPA shall 

apply an additional tenfold margin of 

exposure (safety) for infants and 

children in the case of threshold effects 

to account for prenatal and postnatal 

toxicity and the completeness of the 

database unless the EPA determines that 

a different margin of exposure (safety) 

will be safe for infants and children. 

Based on all the reliable available 

information the Agency reviewed on 

ABA, the Agency concludes that there 

are no residual uncertainties for 

prenatal/postnatal toxicity resulting 

from ABA and that ABA has relatively 

low toxicity to mammals from a dietary 

standpoint, including infants and 

children. Accordingly, there are no 

threshold effects of concern and an 

additional margin of safety is not 

necessary to protect infants and 

children. 

VII. Other Considerations 

A. Endocrine Disruptors 

Based on available data, no endocrine 

system-related effects have been 

identified with the consumption of SAbscisic Acid, (S)-5-(1-hydroxy-2,6,6- 

trimethyl-4-oxo-1-cyclohex-2-enyl)-3- 

methyl-penta-(2Z,4E)-dienoic Acid. 

B. Analytical Method(s) 

Through this action, the Agency 

proposes a temporary exemption from 

the requirement of a tolerance of ABA 

when used on leafy vegetables, herbs 

and spices, pome fruit, stone fruit, and 

pineapples without any numerical 

limitations for residues. It has 

determined that residues resulting from 

the pesticidal uses of S-Abscisic Acid, 

(S)-5-(1-hydroxy-2,6,6-trimethyl-4-oxo1-cyclohex-2-enyl)-3-methyl-penta- 

(2Z,4E)-dienoic Acid, would be so low 

as to be indistinguishable from natural 

background levels. As a result, the 

Agency has concluded that an analytical 

method is not required for enforcement 

purposes for this use of ABA. 

C. Codex Maximum Residue Level 

There are no Codex Maximum 

Residue Levels established for residues 

of S-Abscisic Acid, (S)-5-(1-hydroxy2,6,6-trimethyl-4-oxo-1-cyclohex-2- 

enyl)-3-methyl-penta-(2Z,4E)-dienoic 

Acid. 

VIII. Statutory and Executive Order 

Reviews 

This final rule establishes a temporary 

exemption from the requirement of a 

tolerance under section 408(d) of 


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Federal Register / Vol. 74, No. 144 / Wednesday, July 29, 2009 / Rules and Regulations 37621 

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 exemption 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). 

IX. Congressional Review Act 

The Congressional Review Act, 5 

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

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report to each House of 

the Congress and to the Comptroller 

General of the United States. EPA will 

submit a report containing this rule and 

other required information to the U.S. 

Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of this final rule in the 

Federal Register. This final rule is not 

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

804(2). 

List of Subjects in 40 CFR Part 180 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: July 20, 2009. 

W. Michael McDavit, 

Acting Director, Biopesticides and Pollution 

Prevention 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 180.1281 is revised to read 

as as follows: 

§ 180.1281 S-Abscisic Acid; Temporary 

Exemption From the Requirement of a 

Tolerance. 

(a) S-Abscisic Acid, (S)-5-(1-hydroxy2,6,6-trimethyl-4-oxo-1-cyclohex-2- 

enyl)-3-methyl-penta-(2Z,4E)-dienoic 

Acid is temporarily exempt from the 

requirement of a tolerance when used as 

a plant regulator in or on grape in 

accordance with the Experimental Use 

Permit 73049–EUP–4. This temporary 

exemption from tolerance will expire 

October 1, 2010. 

(b) A temporary exemption from the 

requirement of a tolerance is established 

for the residues of S-Abscisic Acid, (S)- 

5-(1-hydroxy-2,6,6-trimethyl-4-oxo-1- 

cyclohex-2-enyl)-3-methyl-penta- 

(2Z,4E)-dienoic Acid when used as a 

plant regulator in or on grape, herbs and 

spices, leafy vegetables, pineapple, 

pome fruit, and stone fruit in 

accordance with the Experimental Use 

Permit 73049–EUP–7. This temporary 

exemption from tolerance will expire 

August 7, 2012. 

[FR Doc. E9–17839 Filed 7–28–09; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2005–0477; FRL–8422–2] 

Dichlormid; Time-Limited Pesticide 

Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation extends timelimited tolerances for residues of 

dichlormid in or on field corn (forage, 

grain, stover); pop corn (grain, stover); 

and sweet corn (forage, kernel plus cob 

with husks removed, stover). 

DowAgroSciences LLC requested these 

tolerances under the Federal Food, 

Drug, and Cosmetic Act (FFDCA), as 

amended by the Food Quality Protection 

Act of 1996 (FQPA). The time-limited 

tolerances expired on December 31, 

2008. 

DATES: This regulation is effective July 

29, 2009. Objections and requests for 

hearings must be received on or before 

September 28, 2009, and must be filed 

in accordance with the instructions 

provided in 40 CFR part 178 (see also 

Unit I.C. of the SUPPLEMENTARY

INFORMATION). 

ADDRESSES: EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ– 

OPP–2005–0477. 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 


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