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 


sroberts on DSKD5P82C1PROD with RULES
37622 Federal Register / Vol. 74, No. 144 / Wednesday, July 29, 2009 / Rules and Regulations 

Facility telephone number is (703) 305– 

5805. 

FOR FURTHER INFORMATION CONTACT: Keri 

Grinstead, Registration Division 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

(703) 308–8373; e-mail address: 

grinstead.keri@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 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. 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–2005–0477 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–2005–0477, 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 Tolerances 

In the Federal Register of March 4, 

2009 (74 FR 9397) (FRL–8401–8), 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 9E7517) by 

DowAgroSciences LLC, 9930 Zionsville 

Road, Indianapolis, IN 46268. The 

petition requested that 40 CFR 180.469 

be amended by extending the expiration 

date of the time-limited tolerances for 

residues of the herbicide safener 

dichlormid; (acetamide, 2,2-dichloroN,N-di-2-propenyl-)-)(CAS Reg. No. 

37764–25–3) in or on field corn (forage, 

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

and sweet corn (forage, kernel plus cob 

with husks removed, stover) at 0.05 part 

per million (ppm) to December 31, 2010. 

That notice referenced a summary of the 

petition prepared by DowAgroSciences 

LLC, the petitioner, which is available 

to the public in the docket, http:// 

www.regulations.gov. There were no 

substantive comments received in 

response to the notice of filing. 

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 the factors specified 

in FFDCA section 408(b)(2)(D), 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 dichlormid; 

(acetamide, 2,2-dichloro-N,N-di-2- 

propenyl-)-)(CAS Reg. No. 37764–25–3) 

in or on field corn (forage, grain, stover), 

pop corn (grain, stover), and sweet corn 

(forage, kernel plus cob with husks 

removed, stover) at 0.05 ppm. EPA’s 

assessment of exposures and risks 

associated with re-establishing these 

tolerances follows. 

In a Final Rule published in the 

Federal Register on March 27, 2000 (65 

FR 16143) (FRL–6498–7), EPA 

established time-limited tolerances 

under 40 CFR 180.469 for residues of 

dichlormid in or on field corn (forage, 

grain, stover), and pop corn (grain, 

stover) at 0.05 ppm. On September 30, 

2004, EPA published a final rule (69 FR 

58285) (FRL–7680–8) amending 40 CFR 

180.469 by establishing time-limited 

tolerances for residues of dichlormid in 

or on sweet corn (forage, kernel plus cob 

with husks removed, stover) at 0.05 

ppm. In a Final Rule published in the 

Federal Register on December 28, 2005 

(70 FR 76697) (FRL–7753–9), the 

Agency extended the 40 CFR 180.469 

time-limited tolerances for residues of 


sroberts on DSKD5P82C1PROD with RULES
Federal Register / Vol. 74, No. 144 / Wednesday, July 29, 2009 / Rules and Regulations 37623 

dichlormid in or on field corn (forage, 

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

and sweet corn (forage, kernel plus cob 

with husks removed, stover) at 0.05 

ppm to December 31, 2008. 

In June 2008 the Agency received 

additional information from the 

petitioner addressing the adequacy of 

the residue chemistry and toxicology 

databases to support permanent 

tolerances. In order to allow time for the 

Agency to review this additional 

information, the current time-limited 

tolerances in 40 CFR 180.469 for 

residues of dichlormid on field corn 

(forage, grain, stover), pop corn (grain, 

stover), and sweet corn (forage, kernel 

plus cob with husks removed, stover) at 

0.05 ppm are being extended to 

December 31, 2010. EPA concluded in 

the Final Rules listed above in this Unit, 

for the field, pop, and sweet corn timelimited tolerances that all risks were 

below the Agency’s level of concern and 

there was a reasonable certainty that no 

harm would result to the general 

population and to infants and children 

from aggregate exposure to residues of 

dichlormid on corn. Based on the data 

and information considered, the Agency 

reaffirms that adequate information for 

the extension of the time-limited 

tolerances will continue to meet the 

requirements of section 408(b)(2)(A)(i) 

of FFDCA and that extending the 

tolerances will not change the estimated 

aggregate risks resulting from the use of 

dichlormid, as discussed in Final Rules 

of March 27, 2000 (65 FR 16143) (FRL– 

6498–7) and September 30, 2004, (69 FR 

58285) (FRL–7680–8). Refer to the above 

listed Federal Register documents for a 

detailed discussion of the aggregate risk 

assessments and determination of 

safety. EPA relies upon those risk 

assessments and the findings made in 

the Federal Register documents in 

support of this action. 

Based on this information, 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 

dichlormid residues. 

IV. Conclusion 

Therefore, the expiration/revocation 

dates of the time-limited tolerances 

under 40 CFR 180.469 are extended to 

December 31, 2010 for residues of 

dichlormid; (acetamide, 2,2-dichloroN,N-di-2-propenyl-)(CAS Reg. No. 

37764–25–3) in or on field corn (forage, 

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

and sweet corn (forage, kernel plus cob 

with husks removed, stover) at 0.05 

ppm. 

V. 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). 

VI. 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. 

G. Jeffrey Herndon, 

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. 

§ 180.469 [Amended] 

■ 2. Section 180.469 is amended by 

revising the Expiration/revocation dates 

‘‘12/31/08’’ for all commodity entries in 

the table in paragraph (a) to read ‘‘12/ 

31/2010’’. 

[FR Doc. E9–17940 Filed 7–28–09; 8:45 am] 

BILLING CODE 6560–50–S 


sroberts on DSKD5P82C1PROD with RULES