[Federal Register Volume 85, Number 209 (Wednesday, October 28, 2020)]
[Notices]
[Pages 68326-68327]
[FR Doc No: 2020-23869]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 10721-032]

Idaho Aviation Foundation; Notice of Availability of
Environmental Assessment

    In accordance with the National Environmental Policy Act of 1969
and the Federal Energy Regulatory Commission's regulations, 18 CFR part
380 (Order No. 486, 52 FR 47897), the Office of Energy Projects has
reviewed the application for a subsequent license for the Big Creek
Hydroelectric Project (project) and has prepared an Environmental
Assessment (EA). The project is located on McCorkle Creek near the town
of Yellow Pine in Valley County, Idaho, and occupies federal lands
administered by the Forest Service.
    In the EA, Commission staff analyzes the potential environmental
effects of the project and concludes that issuing a subsequent license
for the project, with appropriate environmental measures, would not
constitute a major federal action significantly affecting the quality
of the human environment.
    The Commission provides all interested persons an opportunity to
view and/or print the EA via the internet through the Commission's Home
Page (http://www.ferc.gov) using the eLibrary link. Enter the docket
number, excluding the last three digits in the docket number field, to
access the document. At this time, the Commission has suspended access
to Commission's Public Reference Room, due to the proclamation
declaring a National Emergency concerning the Novel Coronavirus Disease
(COVID-19), issued by the President on March 13, 2020. For assistance,
contact FERC Online Support at<EMAIL_ADDRESS>or toll-free
at<PHONE_NUMBER>, or for TTY,<PHONE_NUMBER>. You may also register
online at https://ferconline.ferc.gov/eSubscription.aspx to be notified
via email of new filings and issuances related to this or other pending
projects. For assistance, contact FERC Online Support.
    Any comments should be filed within 30 days from the date of this
notice.
    The Commission strongly encourages electronic filing. Please file
comments using the Commission's eFiling system at https://ferconline.ferc.gov/eFiling.aspx. Commenters can submit brief comments
up to 6,000 characters, without prior registration, using the eComment
system at https://ferconline.ferc.gov/QuickComment.aspx. You must
include your name and contact information at the end of your comments.
For assistance, please contact FERC Online Support. In lieu of
electronic filing, you may submit a paper copy. Submissions sent via
the U.S. Postal Service must be addressed to: Kimberly D. Bose,
Secretary, Federal Energy Regulatory Commission, 888 First Street NE,
Room 1A, Washington, DC 20426. Submissions sent via any other carrier
must be addressed to: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 12225 Wilkins Avenue, Rockville, Maryland 20852.
The first page of any filing should include docket number P-10721-032.
    For further information, please contact Suzanne Novak at (202) 502-
6665 or at<EMAIL_ADDRESS>

    Dated: October 22, 2020.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2020-23869 Filed 10-27-20; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 193 (Friday, October 4, 2013)]
[Notices]
[Pages 61844-61845]
[FR Doc No: 2013-24315]

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ENVIRONMENTAL PROTECTION AGENCY

[ER-FRL-9011-5]

Environmental Impacts Statements; Notice of Availability

    Responsible Agency: Office of Federal Activities, General
Information<PHONE_NUMBER> or http://www.epa.gov/compliance/nepa/.

Weekly receipt of Environmental Impact Statements
Filed 09/23/2013 through 09/27/2013
Pursuant to 40 CFR 1506.9.

Notice

    Section 309(a) of the Clean Air Act requires that EPA make public
its comments on EISs issued by other Federal agencies. EPA's comment
letters on EISs are available at: http://www.epa.gov/compliance/nepa/eisdata.html.

EIS No. 20130287, Final EIS, USFS, ID, Idaho Panhandle National
Forests, Revised Land Management Plan, Review Period Ends: 11/26/2013,
Contact: Mary Farnsworth<PHONE_NUMBER>.

    The above document was inadvertently omitted from EPA's Federal
Register Notice Published 09/27/2013. The review/wait period will start
09/27/2013 and end 11/26/2013.

EIS No. 20130288, Final EIS, USACE, TX, Luce Bayou Interbasin Transfer
Project, Review Period Ends: 11/04/2013, Contact: Jayson Hudson 409-
766-3108.
EIS No. 20130289, Draft EIS, USACE, CA, Los Angeles River Ecosystem
Restoration Integrated Feasibility Report, Comment Period Ends: 11/18/
2013, Contact: Erin Jones<PHONE_NUMBER>.
EIS No. 20130290, Draft EIS, NPS, CA, Restoration of Native Species in
High Elevation Aquatic Ecosystems Plan, Sequoia and Kings Canyon
National Parks, Comment Period Ends: 11/25/2013, Contact: Woodrow Smeck
559-565-3101.
EIS No. 20130291, Final EIS, BOEM, 00, Gulf of Mexico OCS Oil and Gas
Lease Sales: 2014 and 2016; Eastern

Planning Area Lease Sales 225 and 226, Review Period Ends: 11/04/2013,
Contact: Gary Goeke<PHONE_NUMBER>.
EIS No. 20130292, Final Supplement, DOE, NM, Long-Term Management and
Storage of Elemental Mercury, Review Period Ends: 11/04/2013, Contact:
David Levenstein<PHONE_NUMBER>.
EIS No. 20130293, Final EIS, BLM, ID, Jump Creek, Succor Creek, and Cow
Creek Watersheds Grazing Permit Renewal, Review Period Ends: 11/04/
2013, Contact: Jake Vialpando<PHONE_NUMBER>.
EIS No. 20130294, Final EIS, USACE, MA, South Coast Rail Project,
Review Period Ends: 11/04/2013, Contact: Alan R. Anacheka-Nasemann 978-
318-8214.
EIS No. 20130295, Final EIS, USAF, UT, United States Air Force F-35A
Operational Basing, Review Period Ends: 11/04/2013, Contact: Nicholas
Germanos<PHONE_NUMBER>.
EIS No. 20130296, Final EIS, AFS, WY, Sherman Cattle and Horse
Allotment Grazing Authorization and Management Project, Review Period
Ends: 11/15/2013, Contact: Chad Hayward<PHONE_NUMBER>.
EIS No. 20130297, Draft EIS, USACE, LA, Calcasieu Lock Louisiana
Feasibility Study, Comment Period Ends: 11/18/2013, Contact: Timothy K.
George<PHONE_NUMBER>.
EIS No. 20130298, Final EIS, NRCS, AR, ADOPTION--Bayou Meto Basin,
Arkansas General Reevaluation Project, Contact: Charlotte Bowie 501-
301-3148.

    The U.S. Department of Agriculture's Natural Resources Conservation
Service (NRCS) has adopted the U.S. Army Corps of Engineers' FEIS
20060499, filed 11/30/2006. The NRCS was a cooperating agency.
Recirculation of the document is not necessary under Section 1506.3(b)
of the Council of Environmental Quality Regulations.

EIS No. 20130299, Final EIS, NRCS, AR, ADOPTION--Grand Prairie Area
Demonstration Project, Contact: Charlotte Bowie<PHONE_NUMBER>.

    The U.S. Department of Agriculture's Natural Resources Conservation
Service (NRCS) has adopted the U.S. Army Corps of Engineers' FEIS
19990465, filed 12/08/1999. The NRCS was a cooperating agency.
Recirculation of the document is not necessary under Section 1506.3(b)
of the Council of Environmental Quality Regulations.

 Amended Notices

EIS No. 20130087, Draft EIS, BLM, NM, TriCounty Resource Management
Plan, Comment Period Ends: 10/15/2013, Contact: Jennifer Montoya 575-
525-4316. Revision to FR Notice Published 04/12/2013; Extending Comment
Period from 07/11/2013 to 10/15/2013.

    Dated: September 30, 2013.
Cliff Rader,
Director, NEPA Compliance Division, Office of Federal Activities.
[FR Doc. 2013-24315 Filed 10-3-13; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 76, Number 191 (Monday, October 3, 2011)]
[Notices]
[Page 61129]
[FR Doc No: 2011-25506]

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SECURITIES AND EXCHANGE COMMISSION

[File No. 500-1]

BB Liquidation Inc., Order of Suspension of Trading

September 29, 2011.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
BB Liquidation Inc. because of assertions in third-party press releases
to investors concerning, among other things, the company's current
financial condition and business prospects.
    The Commission is of the opinion that the public interest and the
protection of investors require a suspension of trading in the
securities of the company listed above.
    Therefore, it is ordered, pursuant to Section 12(k) of the
Securities Exchange Act of 1934, that trading in the securities of the
company listed above is suspended for the period from 9:30 a.m. EDT,
September 29, 2011, through 11:59 p.m. EDT, on October 12, 2011.

    By the Commission.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-25506 Filed 9-29-11; 4:15 pm]
BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 110 (Friday, June 7, 2013)]
[Proposed Rules]
[Pages 34290-34292]
[FR Doc No: 2013-13478]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0491; Directorate Identifier 2008-SW-012-AD]
RIN 2120-AA64

Airworthiness Directives; Bell Helicopter Textron Canada Limited
(Bell) Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain Bell Model 430 helicopters. This proposed AD would require
installing a placard on the instrument panel and revising the
limitations section of the rotorcraft flight manual (RFM). This
proposed AD is prompted by several incidents of third stage engine
turbine wheel failures, which were caused by excessive vibrations at
certain engine speeds during steady-state operations. The proposed
actions are intended to alert pilots to avoid certain engine speeds
during steady-state operations, prevent failure of the third stage
engine turbine, engine power loss, and subsequent loss of control of
the helicopter.

DATES: We must receive comments on this proposed AD by August 6, 2013.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Docket: Go to http://www.regulations.gov. Follow the online instructions for sending your
comments electronically.
     Fax:<PHONE_NUMBER>.
     Mail: Send comments to the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001.
     Hand Delivery: Deliver to the ``Mail'' address between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the Docket Operations Office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the economic
evaluation, any comments received, and other information. The street
address for the Docket Operations

Office (telephone<PHONE_NUMBER>) is in the ADDRESSES section. Comments
will be available in the AD docket shortly after receipt.
    For service information identified in this proposed AD, contact
Bell Helicopter Textron Canada Limited, 12,800 Rue de l'Avenir,
Mirabel, Quebec J7J1R4; telephone<PHONE_NUMBER> or<PHONE_NUMBER>; fax
(450) 433-0272; or at http://www.bellcustomer.com/files/. You may
review the referenced service information at the FAA, Office of the
Regional Counsel, Southwest Region, 2601 Meacham Blvd., Room 663, Fort
Worth, Texas 76137.

FOR FURTHER INFORMATION CONTACT: Chinh Vuong, Aviation Safety Engineer,
Safety Management Group, Rotorcraft Directorate, FAA, 2601 Meacham
Blvd., Fort Worth, Texas 76137; telephone<PHONE_NUMBER>; email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to participate in this rulemaking by submitting
written comments, data, or views. We also invite comments relating to
the economic, environmental, energy, or federalism impacts that might
result from adopting the proposals in this document. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. To
ensure the docket does not contain duplicate comments, commenters
should send only one copy of written comments, or if comments are filed
electronically, commenters should submit only one time.
    We will file in the docket all comments that we receive, as well as
a report summarizing each substantive public contact with FAA personnel
concerning this proposed rulemaking. Before acting on this proposal, we
will consider all comments we receive on or before the closing date for
comments. We will consider comments filed after the comment period has
closed if it is possible to do so without incurring expense or delay.
We may change this proposal in light of the comments we receive.

Discussion

    Transport Canada (TC), which is the aviation authority for Canada,
has issued TC AD No. CF-2005-25, dated July 5, 2005, to correct an
unsafe condition for Model 430 helicopters. TC advises of several
failures of third stage turbine wheels used in Rolls Royce 250-C30S and
250-C47B engines and that a similar turbine wheel is installed on the
250-C40B engine used by Bell on Model 430 helicopters. According to TC,
Rolls Royce has determined that detrimental vibrations can occur within
a particular range of turbine speeds, and may be a contributing factor
to these failures. Bell has revised the operating limitations of the
RFM and has provided a corresponding decal on the instrument panel to
inform pilots to avoid steady-state operations between 71% and 91%
turbine speeds.
    The TC AD requires amending the RFM, advising pilots of the change,
and installing a decal as described in Bell Alert Service Bulletin
(ASB) No. 430-05-34, dated June 10, 2005 (ASB 430-05-34).

FAA's Determination

    These helicopters have been approved by the aviation authority of
Canada and are approved for operation in the United States. Pursuant to
our bilateral agreement with Canada, TC, its technical representative,
has notified us of the unsafe condition described in its AD. We are
proposing this AD because we evaluated all known relevant information
and determined that an unsafe condition is likely to exist or develop
on other helicopters of the same type design.

Related Service Information

    Bell has issued ASB 430-05-34, which contains procedures for
installing a placard on the instrument panel and for inserting the RFM
changes into the flight manual.

Proposed AD Requirements

    This proposed AD would require installing a placard on the
instrument panel and revising the Operating Limitations section of the
Model 430 RFM to limit steady-state operations between speeds of 71%
and 91%.

Differences Between This Proposed AD and the TC AD

    The TC AD requires compliance within 10 calendar days, the proposed
AD requires compliance within 30 days.

Costs of Compliance

    We estimate that this proposed AD would affect 37 helicopters of
U.S. Registry. Based on an average labor rate of $85 per hour, we
estimate that operators may incur the following costs in order to
comply with this AD. Amending the RFM would require about 0.5 work-
hours, for a cost per helicopter of about $43 and a cost to U.S.
operators of $1,591. Installing the decal would require about 0.2 work-
hours and required parts would cost $20, for a cost per helicopter of
$37 and a cost to U.S. operators of $1,369. Based on these estimates,
the total cost of this proposed AD would be $80 per helicopter and
$2,960 for the U.S. operator fleet.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
    We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed, I certify this proposed regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska to the extent that
it justifies making a regulatory distinction; and
    4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared an economic evaluation of the estimated costs to comply
with this proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
Reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the
Administrator,

the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive (AD):

Bell Helicopter Textron Canada Limited (Bell): Docket No. FAA-2013-
0491; Directorate Identifier 2008-SW-012-AD.

(a) Applicability

    This AD applies to Bell Model 430 helicopters, serial number
49001 through 49111, certificated in any category.

(b) Unsafe Condition

    This AD defines the unsafe condition as a third stage turbine
vibration, which could result in turbine failure, engine power loss,
and subsequent loss of control of the helicopter.

(c) Comments Due Date

    We must receive comments by August 6, 2013.

(d) Compliance

    You are responsible for performing each action required by this
AD within the specified compliance time unless it has already been
accomplished prior to that time.

(e) Required Actions

    Within 30 days:
    (1) Revise the Operating Limitations section of the Model 430
Rotorcraft Flight Manual by inserting Section 1, Limitations, page
1-7, of Bell BHT-430-FM-1, revision 18, dated September 1, 2009.
    (2) Install placard part number 230-075-213-113, or equivalent,
on the instrument panel directly below the pilot audio select panel.

(f) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Safety Management Group, FAA, may approve AMOCs
for this AD. Send your proposal to: Chinh Vuong, Aviation Safety
Engineer, Safety Management Group, Rotorcraft Directorate, FAA, 2601
Meacham Blvd., Fort Worth, Texas 76137; telephone<PHONE_NUMBER>;
email<EMAIL_ADDRESS>    (2) For operations conducted under a 14 CFR part 119 operating
certificate or under 14 CFR part 91, subpart K, we suggest that you
notify your principal inspector, or lacking a principal inspector,
the manager of the local flight standards district office or
certificate holding district office before operating any aircraft
complying with this AD through an AMOC.

(g) Additional Information

    (1) Bell Alert Service Bulletin No. 430-05-34, dated June 10,
2005, which is not incorporated by reference, contains additional
information about the subject of this AD. For service information
identified in this AD, contact Bell Helicopter Textron Canada
Limited, 12,800 Rue de l'Avenir, Mirabel, Quebec J7J1R4; telephone
(450) 437-2862 or<PHONE_NUMBER>; fax<PHONE_NUMBER>; or at http://www.bellcustomer.com/files/. You may review a copy of the service
information at the FAA, Office of the Regional Counsel, Southwest
Region, 2601 Meacham Blvd., Room 663, Fort Worth, Texas 76137.
    (2) The subject of this AD is addressed in Transport Canada AD
No. CF-2005-25, dated July 5, 2005.

 (h) Subject

    Joint Aircraft Service Component (JASC) Code: 7250: Turbine
Section.

    Issued in Fort Worth, Texas, on May 29, 2013.
Kim Smith,
Directorate Manager, Rotorcraft Directorate, Aircraft Certification
Service.
[FR Doc. 2013-13478 Filed 6-6-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: September 19, 2007 (Volume 72, Number 181)]
[Rules and Regulations]
[Page 53449-53455]
[DOCID:fr19se07-14]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2007-0187; FRL-8147-5]

Amitraz, Atrazine, Ethephon, Ferbam, Lindane, Propachlor, and
Simazine; Tolerance Actions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is revoking certain tolerances for the insecticides
amitraz and lindane; the herbicides atrazine, propachlor, and simazine;
the plant growth regulator ethephon; and the fungicide ferbam. Also,
EPA is modifying certain tolerances for the herbicide atrazine,
propachlor, and simazine; the insecticide amitraz; the plant growth
regulator ethephon; and the fungicide ferbam. In addition, EPA is
establishing new tolerances for the herbicide atrazine and the plant
growth regulator ethephon. The regulatory actions finalized in this
document are in follow-up to the Agency's reregistration program under
the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), and
tolerance reassessment program under the Federal Food, Drug, and
Cosmetic Act (FFDCA) section 408(q).

DATES: This regulation is effective September 19, 2007. Objections and
requests for hearings must be received on or before November 19, 2007,
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-2007-0187. To access the
electronic docket, go to http://www.regulations.gov, select ``Advanced

Search,'' then ``Docket Search.'' Insert the docket ID number where
indicated and select the ``Submit'' button. Follow the instructions on
the regulations.gov website to view the docket index or access
available documents. All documents in the docket are listed in the
docket index available in 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 athttp://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<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Monisha Dandridge, Special Review and
Reregistration Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; e-mail
address<EMAIL_ADDRESS>
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 underFOR FURTHER INFORMATION CONTACT.

B. How Can I Access Electronic Copies of this Document?

    In addition to accessing an electronic copy of this Federal
Register document through the electronic docket 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 pilot e-CFR site at http://www.gpoaccess.gov/ecfr
.

C. Can I File an Objection or Hearing Request?

    Under section 408(g) of FFDCA, as amended by the Food Quality
Protection Act (FQPA), 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-
2007-0187 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 November 19, 2007.
    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-2007-0187, 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'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<PHONE_NUMBER>.

II. Background

A. What Action is the Agency Taking?

    In the Federal Register of June 13, 2007 (72 FR 32570) (FRL-8133-
3), EPA issued a proposal to revoke, modify, and establish specific
tolerances for residues of the fungicide ferbam; the herbicides
atrazine, propachlor, and simazine; the insecticides amitraz and
lindane, and the plant growth regulator ethephon. Also, the proposal of
June 13, 2007, provided a 60-day comment period which invited public
comment for consideration and for support of tolerance retention under
FFDCA standards.
    In this final rule, EPA is revoking, modifying, and establishing
specific tolerances for residues of the fungicide ferbam; the
herbicides atrazine, propachlor, and simazine; the insecticides amitraz
and lindane, and the plant growth regulator ethephon in or on
commodities listed in the regulatory text of this document.
    EPA is finalizing these tolerance actions in order to implement the
tolerance recommendations made during the reregistration and tolerance
reassessment processes (including follow-up on canceled or additional
uses of pesticides). As part of these processes, EPA is required to
determine whether each of the amended tolerances meets the safety
standard of FFDCA. The safety finding determination of ``reasonable
certainty of no harm'' is discussed in detail in each Reregistration
Eligibility Decision (RED) and Report on FQPA Tolerance Reassessment
Progress and Interim Risk Management Decision (TRED) for the active
ingredient. REDs and TREDs recommend the implementation of certain
tolerance actions, including modifications, to reflect current use
patterns, to meet safety findings and change commodity names and
groupings in accordance with new EPA policy. Printed copies of many
REDs and TREDs may be obtained from EPA's National Service Center for
Environmental Publications (EPA/NSCEP), P.O. Box 42419, Cincinnati, OH
45242-2419, telephone number: 1-800-490-9198; fax number: 1-513-489-
8695; Internet at http://www.epa.gov/ncepihom and from the National

Technical Information Service (NTIS), 5285 Port Royal Rd., Springfield,
VA 22161, telephone number: 1-800-553-6847 or<PHONE_NUMBER>; Internet
at http://www.ntis.gov Electronic copies of REDs and TREDs are available on the Internet at http://www.regulations.gov. and http://

http://www.epa.gov/pesticides/reregistration/status.htm.

    In this final rule, EPA is revoking certain tolerances and/or
tolerance exemptions because either they are no longer needed or are
associated with food uses that are no longer registered under FIFRA in
the United States. Those instances where registrations were canceled
were because the registrant failed to pay the required maintenance fee
and/or the registrant voluntarily requested cancellation of one or more
registered uses of the pesticide active ingredient. The tolerances
revoked by this final rule are no longer necessary to cover residues of
the relevant pesticides in or on domestically treated commodities or
commodities treated outside but imported into the United States. It is
EPA's general practice to issue a final rule revoking those tolerances
and tolerance exemptions for residues of pesticide active ingredients
on crop uses for which there are no active registrations under FIFRA,
unless any person who comments on the proposal indicates a need for the
tolerance or tolerance exemption to cover residues in or on imported
commodities or legally treated domestic commodities.
    Historically, EPA has been concerned that retention of tolerances
that are not necessary to cover residues in or on legally treated foods
may encourage misuse of pesticides within the United States.
    Generally, EPA will proceed with the revocation of these tolerances
on the grounds discussed in Unit II.A. if one of the following
conditions applies:
    1. Prior to EPA's issuance of a FFDCA section 408(f) order
requesting additional data or issuance of a FFDCA section 408(d) or (e)
order revoking the tolerances on other grounds, commenters retract the
comment identifying a need for the tolerance to be retained.
    2. EPA independently verifies that the tolerance is no longer
needed.
    3. The tolerance is not supported by data that demonstrate that the
tolerance meets the requirements under FQPA.
    This final rule does not revoke those tolerances for which EPA
received comments stating a need for the tolerance to be retained. In
response to the proposal published in the Federal Register of June 13,
2007 (72 FR 32570), EPA received comments during the 60-day public
comment period, as follows:
    i. General--Comment by private citizen. A private citizen stated
that only zero tolerance levels should be

acceptable. In addition, the commenter expressed a concern for
pesticide use in general and their possible toxic effects on wildlife
and humans.
    Agency response. The private citizen's comments did not take issue
with any of the Agency's specific conclusions to modify, revoke, or
establish certain tolerances. Also, the commenter did not refer to any
specific studies which pertained to those conclusions. EPA believes
that the tolerance actions finalized herein meet the safety standard of
FFDCA section 408, 21 U.S.C. 346a. In developing REDs and TREDs, EPA
worked with stakeholders, pesticide registrants, growers and other
pesticide users, environmental and public health interests, the States,
the U.S. Department of Agriculture (USDA), other Federal agencies, and
others to develop voluntary measures or regulatory controls needed to
effectively reduce risks of concern. Such options include voluntary
cancellation of pesticide products or deletion of uses, declaring
certain uses ineligible or not yet eligible, restricting use of
products to certified applicators, limiting the amount or frequency of
use, improving use directions and precautions, adding more protective
clothing and equipment requirements, requiring special packaging or
engineering controls, requiring no-treatment buffer zones, employing
environmental and ecological safeguards, and other measures.
    ii. Comment by a member of the U.S. Geological Survey. A comment
was received by EPA from a member of the U.S. Geological Survey, U.S.
Department of the Interior, who inquired whether the source of
simazine, such as a contaminant of atrazine, could affect the Agency's
proposed tolerance determinations for simazine.
    Agency response. Combined simazine residues of concern (simazine
and its two chlorinated degradates) detectable on food commodities are
regulated by tolerances established in 40 CFR 180.213. These two
chlorinated degradates of simazine are also regulated as combined
atrazine residues of concern in 40 CFR 180.220. The selection of an
individual tolerance level by EPA is based on available crop field
residue studies designed to produce the maximum residues under the
existing or proposed product label. Generally, the level selected for a
tolerance is a value slightly above the maximum residue found in such
studies, provided that the tolerance is safe. In addition, for a food-
use pesticide to be sold and distributed for domestic use in the United
States, the pesticide must not only have appropriate tolerances under
the FFDCA, but also must be registered under FIFRA (7 U.S.C. 136 et
seq.). Under FFDCA section 408(l)(5), residues on food shall not render
the food adulterated so long as it is shown to the satisfaction of the
U.S. Food and Drug Administration that the residue is present as the
result of an application or use of the pesticide at a time and in a
manner that was lawful under FIFRA, and that the residue does not
exceed the level that was authorized at the time of the application or
use to be present on the food under a tolerance or exemption from a
tolerance. In establishing, modifying, leaving in effect, or revoking a
tolerance or exemption for a pesticide chemical residue, the Agency
considers, among other relevant factors, available information such as
aggregate human exposure levels to the pesticide residue. The tolerance
actions finalized herein for simazine are based on the available data
which EPA has reviewed during the simazine RED process, and which the
Agency has determined meet the FFDCA standard, are safe, and that there
is a reasonable certainty (with appropriate mitigation) that no harm to
any population subgroup will result from aggregate exposure. However,
EPA may propose to revoke tolerances for residues of a pesticide under
FFDCA section 408(e)(1) when the Agency has determined that the
existing tolerances do not meet requirements of FFDCA section
408(b)(2). Any data on potential contamination of atrazine with
detectable levels of simazine will be considered by the Agency and
appropriate tolerance actions, if needed, will be proposed for public
comment.
    With the exception of the general comment on simazine, EPA did not
receive any specific comments, during the 60-day comment period, on the
following pesticide active ingredients: Amitraz, atrazine, ethephon,
ferbam, lindane, propachlor, and simazine. Therefore, the Agency is
finalizing the amendments proposed in the Federal Register of June 13,
2007 (72 FR 32570). For a detailed discussion of the Agency's rationale
for the establishments, revocations, and modifications to the
tolerances, and revisions to tolerance expressions and commodity
terminologies, refer to the proposed rule of June 13, 2007.
    In addition, the Agency is making the following revisions in this
final rule.
    1. Amitraz. Currently, direct animal treatments of amitraz are
registered for use on cattle and hogs. In the proposal of June 13, 2007
(72 FR 32570), EPA inadvertently stated that there is a 3-day pre-
slaughter interval for cattle when in fact there is a 7-day retreatment
interval and no pre-slaughter interval.
    2. Ethephon. EPA proposed to establish a tolerance for filbert at
0.80 ppm but did not propose in a notice for comment to revise the
tolerance nomenclature for ethephon in 40 CFR 180.300(a) from filbert
to hazelnut, as is current Agency practice. However, section
553(b)(3)(B) of the Administrative Procedure Act provides that notice
and comment is not necessary ``when the agency for good cause finds
(and incorporates the finding and a brief statement of reasons
therefore in the rules issued) that notice and public procedure thereon
are impracticable, unnecessary, or contrary to the public interest.''
Consequently, for good cause, EPA is revising the terminology from
filbert to hazelnut and therefore the Agency is establishing a
tolerance for hazelnut in 40 CFR 180.300(a) at 0.80 ppm. The reason for
taking this action is because such action has no practical impact on
the use of or exposure to the pesticide active ingredient, ethephon, in
or on that commodity and is made such that the tolerance terminology
will conform to current Agency practice.
    3. Simazine. EPA proposed to decrease the tolerance in 40 CFR
180.213 on filbert to 0.20 ppm but did not propose in a notice for
comment to revise the tolerance nomenclature for simazine in 40 CFR
180.213 from filbert to hazelnut, as is current Agency practice.
However, section 553(b)(3)(B) of the Administrative Procedure Act
provides that notice and comment is not necessary ``when the agency for
good cause finds (and incorporates the finding and a brief statement of
reasons therefore in the rules issued) that notice and public procedure
thereon are impracticable, unnecessary, or contrary to the public
interest.'' Consequently, for good cause, EPA is revising the tolerance
terminology in 40 CFR 180.213 from filbert to hazelnut. The reason for
taking this action is because such action has no practical impact on
the use of or exposure to the pesticide active ingredient, simazine, in
or on that commodity and is made such that the tolerance terminology
will conform to current Agency practice.

B. What is the Agency's Authority for Taking this Action?

    EPA may issue a regulation establishing, modifying, or revoking a
tolerance under FFDCA section 408(e). In this final rule, EPA is
establishing, modifying, and revoking tolerances to implement the
tolerance recommendations made during the

reregistration and tolerance reassessment processes, and as follow-up
on canceled uses of pesticides. As part of these processes, EPA is
required to determine whether each of the amended tolerances meets the
safety standards under FFDCA. The safety finding determination is found
in detail in each post-FQPA RED and TRED for the active ingredient.
REDs and TREDs recommend the implementation of certain tolerance
actions, including modifications to reflect current use patterns, to
meet safety findings, and change commodity names and groupings in
accordance with new EPA policy. Printed and electronic copies of the
REDs and TREDs are available as provided in Unit II.A.
    EPA has issued post-FQPA REDs for atrazine, ferbam, lindane,
propachlor, and simazine, and TREDs for amitraz and ethephon, whose
REDs were completed prior to FQPA. REDs and TREDs contain the Agency's
evaluation of the database for these pesticides, including statements
regarding additional data on the active ingredients that may be needed
to confirm the potential human health and environmental risk
assessments associated with current product uses, and REDs state
conditions under which these uses and products will be eligible for
reregistration. The REDs and TREDs recommended the establishment,
modification, and/or revocation of specific tolerances. RED and TRED
recommendations such as establishing or modifying tolerances, and in
some cases revoking tolerances, are the result of assessment under the
FFDCA standard of ``reasonable certainty of no harm.'' However,
tolerance revocations recommended in REDs and TREDs that are made final
in this document do not need such assessment when the tolerances are no
longer necessary.
    EPA's general practice is to revoke tolerances for residues of
pesticide active ingredients on crops for which FIFRA registrations no
longer exist and on which the pesticide may therefore no longer be used
in the United States. EPA has historically been concerned that
retention of tolerances that are not necessary to cover residues in or
on legally treated foods may encourage misuse of pesticides within the
United States. Nonetheless, EPA will establish and maintain tolerances
even when corresponding domestic uses are canceled if the tolerances,
which EPA refers to as ``import tolerances,'' are necessary to allow
importation into the United States of food containing such pesticide
residues. However, where there are no imported commodities that require
these import tolerances, the Agency believes it is appropriate to
revoke tolerances for unregistered pesticides in order to prevent
potential misuse.
    When EPA establishes tolerances for pesticide residues in or on raw
agricultural commodities, the Agency gives consideration to possible
pesticide residues in meat, milk, poultry, and/or eggs produced by
animals that are fed agricultural products (for example, grain or hay)
containing pesticides residues (40 CFR 180.6). If there is no
reasonable expectation of finite pesticide residues in or on meat,
milk, poultry, or eggs, then tolerances do not need to be established
for these commodities (40 CFR 180.6(b) and 180.6(c)).

C. When Do These Actions Become Effective?

    With the exception of certain tolerances for ferbam and lindane,
which EPA is revoking with specific expiration/revocation dates, the
Agency is revoking, modifying, and establishing specific tolerances,
and revising specific commodity terminologies effective on the date of
publication of this final rule in the Federal Register. With the
exception of the tolerances for ferbam and lindane, the Agency believes
that existing stocks of pesticide products labeled for the uses
associated with the revoked tolerances have been completely exhausted
and that treated commodities have had sufficient time for passage
through the channels of trade. EPA is revoking certain ferbam and
lindane tolerances with expiration/revocation dates of October 27,
2007, for the ferbam tolerances on bean, cabbage, lettuce, and
raspberry and October 2, 2009 for the lindane tolerances on the fat of
cattle, goats, hops, horses, and sheep. The Agency believes that these
revocation dates allow users to exhaust stocks and allow sufficient
time for passage of treated commodities through the channels of trade.
    Any commodities listed in the regulatory text of this document that
are treated with the pesticides subject to this final rule, and that
are in the channels of trade following the tolerance revocations, shall
be subject to FFDCA section 408(1)(5), as established by FQPA. Under
this unit, any residues of these pesticides in or on such food shall
not render the food adulterated so long as it is shown to the
satisfaction of the Food and Drug Administration that:
    1. The residue is present as the result of an application or use of
the pesticide at a time and in a manner that was lawful under FIFRA.
    2. The residue does not exceed the level that was authorized at the
time of the application or use to be present on the food under a
tolerance or exemption from tolerance. Evidence to show that food was
lawfully treated may include records that verify the dates that the
pesticide was applied to such food.

III. Are There Any International Trade Issues Raised by this Final
Action?

    In making its tolerance decisions, EPA seeks to harmonize U.S.
tolerances with international standards whenever possible, consistent
with U.S. food safety standards and agricultural practices. EPA
considers the international Maximum Residue Limits (MRLs) established
by the Codex Alimentarius Commission, as required by section 408(b)(4)
of FFDCA. The Codex Alimentarius is a joint U.N. Food and Agriculture
Organization/World Health Organization food standards program, and it
is recognized as an international food safety standards-setting
organization in trade agreements to which the United States is a party.
EPA may establish a tolerance that is different from a Codex MRL;
however, FFDCA section 408(b)(4) requires that EPA explain the reasons
for departing from the Codex level in a notice published for public
comment. EPA's effort to harmonize with Codex MRLs is summarized in the
tolerance reassessment section of individual REDs and TREDs, and in the
Residue Chemistry document which supports the RED and TRED, as
mentioned in the proposed rule cited in Unit II.A. Specific tolerance
actions in this rule and how they compare to Codex MRLs (if any) are
discussed in Unit II.A. of the proposal.

IV. Statutory and Executive Order Reviews

    In this final rule, EPA establishes tolerances under FFDCA section
408(e), and also modifies and revokes specific tolerances established
under FFDCA section 408. The Office of Management and Budget (OMB) has
exempted these types of actions (i.e., establishment and modification
of a tolerance and tolerance revocation for which extraordinary
circumstances do not exist) from review under Executive Order 12866,
entitled Regulatory Planning and Review (58 FR 51735, October 4, 1993).
Because this rule has been exempted from review under Executive Order
12866 due to its lack of significance, this rule is not subject to
Executive Order 13211,Actions Concerning Regulations That Significantly
Affect Energy Supply, Distribution, or Use (66 FR 28355, May 22, 2001).
This 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., or impose any
enforceable duty or contain any unfunded mandate as described under
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) (Public Law
104-4). Nor does it require any special considerations as required by
Executive Order 12898, entitled Federal Actions to Address
Environmental Justice in Minority Populations and Low-Income
Populations (59 FR 7629, February 16, 1994); or OMB review or any other
Agency action under Executive Order 13045, entitled Protection of
Children from Environmental Health Risks and Safety Risks (62 FR 19885,
April 23, 1997). This action does not involve any technical standards
that would require Agency consideration of voluntary consensus
standards pursuant to section 12(d) of the National Technology Transfer
and Advancement Act of 1995 (NTTAA), Public Law 104-13, section 12(d)
(15 U.S.C. 272 note). Pursuant to the Regulatory Flexibility Act (RFA)
(5 U.S.C. 601 et seq.), the Agency previously assessed whether
establishment of tolerances, exemptions from tolerances, raising of
tolerance levels, expansion of exemptions, or revocations might
significantly impact a substantial number of small entities and
concluded that, as a general matter, these actions do not impose a
significant economic impact on a substantial number of small entities.
These analyses for tolerance establishments and modifications, and for
tolerance revocations were published on May 4, 1981 (46 FR 24950) and
on December 17, 1997 (62 FR 66020) (FRL-5753-1), respectively, and were
provided to the Chief Counsel for Advocacy of the Small Business
Administration. Taking into account this analysis, and available
information concerning the pesticides listed in this rule, the Agency
hereby certifies that this final rule will not have a significant
economic impact on a substantial number of small entities. In a
memorandum dated May 25, 2001, EPA determined that eight conditions
must all be satisfied in order for an import tolerance or tolerance
exemption revocation to adversely affect a significant number of small
entity importers, and that there is a negligible joint probability of
all eight conditions holding simultaneously with respect to any
particular revocation. (This Agency document is available in the docket
as mentioned in Unit II.A.) Furthermore, for the pesticides named in
this final rule, the Agency knows of no extraordinary circumstances
that exist as to the present revocations that would change EPA's
previous analysis. In addition, the Agency has determined that this
action will not have a substantial direct effect on States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government, as specified in Executive Order 13132, entitledFederalism
(64 FR 43255, August 10, 1999). Executive Order 13132 requires EPA to
develop an accountable process to ensure ``meaningful and timely input
by State and local officials in the development of regulatory policies
that have federalism implications.'' ``Policies that have federalism
implications'' is defined in the Executive Order to include regulations
that have ``substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government.'' This final rule directly regulates growers, food
processors, food handlers, and food retailers, not States. This action
does not alter the relationships or distribution of power and
responsibilities established by Congress in the preemption provisions
of section 408(n)(4) of FFDCA. For these same reasons, the Agency has
determined that this rule does not have any ``tribal implications'' as
described in Executive Order 13175, entitled Consultation and
Coordination with Indian Tribal Governments (65 FR 67249, November 6,
2000). Executive Order 13175, requires EPA to develop an accountable
process to ensure ``meaningful and timely input by tribal officials in
the development of regulatory policies that have tribal implications.''
``Policies that have tribal implications'' is defined in the Executive
Order to include regulations that have ``substantial direct effects on
one or more Indian tribes, on the relationship between the Federal
Government and the Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.''
This rule will not have substantial direct effects on tribal
governments, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes, as specified in
Executive Order 13175. Thus, Executive Order 13175 does not apply to
this rule.

V. 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: September 12, 2007.
Anne E. Lindsay,
Acting Director, Office of Pesticide Programs.

0
Therefore, 40 CFR chapter I is amended as follows:

PART 180--[AMENDED]

0
1. The authority citation for part 180 continues to read as follows:

    Authority: 21 U.S.C. 321(q), 346a and 371.

0
2. Section 180.114 is amended by revising paragraph (a) and adding text
to paragraph (c) to read as follows:

Sec.  180.114  Ferbam; tolerances for residues.

    (a) General. Tolerances are established for residues of the
fungicide ferbam (ferric dimethyldithiocarbamate), calculated as carbon
disulfide, in or on the following food commodities:

------------------------------------------------------------------------
                                                             Expiration/
                   Commodity                     Parts per    Revocation
                                                  million        Date
------------------------------------------------------------------------
Apple.........................................       4.0\1\         None
Bean..........................................       7.0\1\     10/27/07
Cabbage.......................................       7.0\1\     10/27/07
Cherry........................................       4.0\1\         None
Cranberry.....................................       4.0\1\         None
Fruit, citrus, group 10.......................       4.0\1\         None
Grape.........................................       4.0\1\         None
Lettuce.......................................       7.0\1\     10/27/07
Nectarine.....................................       4.0\1\         None
Peach.........................................       4.0\1\         None
Pear..........................................       4.0\1\         None
Raspberry.....................................       7.0\1\     10/27/07
------------------------------------------------------------------------
\1\Some of these tolerances were established on the basis of data
  acquired at the public hearings held in 1950 (formerly Sec.  180.101)
  and the remainder were established on the basis of pesticide petitions
  presented under the procedure specified in the amendment to the
  Federal Food, Drug, and Cosmetic Act by Pub. L. 518, 83d Congress (68
  Stat. 511)

* * * * *

    (c) Tolerances with regional registrations. Tolerances with
regional registrations, as defined in Sec.  180.1(m), are established
for residues of the fungicide ferbam (ferric dimethyldithiocarbamate),
calculated as carbon disulfide, in or on the following food
commodities:

------------------------------------------------------------------------
                                                              Parts per
                         Commodity                             million
------------------------------------------------------------------------
Mango......................................................       4.0\1\
------------------------------------------------------------------------
\1\This tolerance was established on the basis of data acquired at the
  public hearings held in 1950 (formerly Sec.  180.101) and the
  remainder was established on the basis of pesticide petitions
  presented under the procedure specified in the amendment to the
  Federal Food, Drug, and Cosmetic Act by Pub. L. 518, 83d Congress (68
  Stat. 511)

* * * * *

0
3. Section 180.133 is amended by revising the table in paragraph (a) to
read as follows:

Sec. 180. 133  Lindane; tolerances for residues.

    (a) General. * * *

------------------------------------------------------------------------
                                                             Expiration/
                   Commodity                     Parts per    Revocation
                                                  million        Date
------------------------------------------------------------------------
Cattle, fat...................................          7.0      10/2/09
Goat, fat.....................................          7.0      10/2/09
Hog, fat......................................          4.0      10/2/09
Horse, fat....................................          7.0      10/2/09
Sheep, fat....................................          7.0      10/2/09
------------------------------------------------------------------------

* * * * *

0
4. Section 180.211 is amended by revising the section heading and
paragraph (a) to read as follow:

Sec.  180.211  Propachlor; tolerances for residues.

    (a) General. Tolerances are established for the combined residues
of the herbicide propachlor (2-chloro-N-isopropylacetanilide) and its
metabolites containing the N-isopropylaniline moiety, calculated as 2-
chloro-N-isopropylacetanilide, in or on the following raw agricultural
commodities:

------------------------------------------------------------------------
                                                              Parts per
                         Commodity                             million
------------------------------------------------------------------------
Cattle, fat................................................         0.05
Cattle, kidney.............................................          0.2
Cattle, meat...............................................         0.02
Cattle, meat byproducts, except kidney.....................         0.05
Corn, field, forage........................................          3.0
Corn, field, grain.........................................          0.2
Corn, field, stover........................................          1.0
Corn, sweet, forage........................................          3.0
Goat, fat..................................................         0.05
Goat, kidney...............................................          0.2
Goat, meat.................................................         0.02
Goat, meat byproducts, except kidney.......................         0.05
Hog, fat...................................................         0.02
Hog, meat..................................................         0.02
Hog, meat byproducts.......................................         0.02
Horse, fat.................................................         0.05
Horse, kidney..............................................          0.2
Horse, meat................................................         0.02
Horse, meat byproducts, except kidney......................         0.05
Milk.......................................................         0.02
Sheep, fat.................................................         0.05
Sheep, kidney..............................................          0.2
Sheep, meat................................................         0.02
Sheep, meat byproducts, except kidney......................         0.05
Sorghum, forage, forage....................................          8.0
Sorghum, grain, forage.....................................          8.0
Sorghum, grain, grain......................................         0.25
Sorghum, grain, stover.....................................         12.0
------------------------------------------------------------------------

* * * * *

0
5. Section 180.213 is amended by revising paragraph (a) to read as
follows:

Sec.  180.213  Simazine; tolerances for residues.

    (a) General. Tolerances are established for the combined residues
of the herbicide simazine (2-chloro-4,6-bis(ethylamino)-s-triazine) and
its two chlorinated degradates (2-amino-4-chloro-6-ethylamino-s-
triazine and 2,4-diamino-6-chloro-s-triazine), the total residue to be
measured in or on the following food commodities:

------------------------------------------------------------------------
                                                              Parts per
                         Commodity                             million
------------------------------------------------------------------------
Almond                                                              0.25
Almond, hulls..............................................         0.25
Apple......................................................         0.20
Avocado....................................................         0.20
Blackberry.................................................         0.20
Blueberry..................................................         0.20
Cattle, meat...............................................         0.03
Cattle, meat byproducts....................................         0.03
Cherry.....................................................         0.25
Corn, field, forage........................................         0.20
Corn, field, grain.........................................         0.20
Corn, field, stover........................................         0.25
Corn, pop, grain...........................................         0.20
Corn, pop, stover..........................................         0.25
Corn, sweet, forage........................................         0.20
Corn, sweet, kernel plus cob with husks removed............         0.25
Corn, sweet, stover........................................         0.25
Cranberry..................................................         0.25
Currant....................................................         0.25
Egg........................................................         0.03
Goat, meat.................................................         0.03
Goat, meat byproducts......................................         0.03
Grape......................................................         0.20
Grapefruit.................................................         0.25
Hazelnut...................................................         0.20
Horse, meat................................................         0.03
Horse, meat byproducts.....................................         0.03
Lemon......................................................         0.25
Loganberry.................................................         0.20
Milk.......................................................         0.03
Nut, macadamia.............................................         0.25
Olive......................................................         0.20
Orange.....................................................         0.25
Peach......................................................         0.20
Pear.......................................................         0.25
Pecan......................................................         0.20
Plum.......................................................         0.20
Raspberry..................................................         0.20
Sheep, meat................................................         0.03
Sheep, meat byproducts.....................................         0.03
Strawberry.................................................         0.25
Walnut.....................................................          0.2
------------------------------------------------------------------------

* * * * *

0
6. Section 180.220 is amended by revising paragraph (a) to read as
follows:

Sec.  180.220  Atrazine; tolerances for residues.

    (a) General. Tolerances are established for the combined residues
of the herbicide atrazine (2-chloro-4-ethylamino-6-isopropylamino-s-
triazine) and its chlorinated metabolites 2-amino-4-chloro-6-
isopropylamino-s-triazine, 2-amino-4-chloro-6-ethylamino-s-triazine,
and 2,4-diamino-6-chloro-s-triazine, in or on the following food
commodities:

------------------------------------------------------------------------
                                                              Parts per
                         Commodity                             million
------------------------------------------------------------------------
Cattle, fat................................................         0.02
Cattle, meat...............................................         0.02
Cattle, meat byproducts....................................         0.02
Corn, field, forage........................................           15
Corn, field, grain.........................................         0.20
Corn, field, stover........................................          0.5
Corn, pop, forage..........................................          1.5
Corn, pop, grain...........................................         0.20
Corn, pop, stover..........................................          0.5
Corn, sweet, forage........................................           15
Corn, sweet, kernel plus cob with husks removed............         0.20
Corn, sweet, stover........................................          2.0
Goat, fat..................................................         0.02
Goat, meat.................................................         0.02
Goat, meat byproducts......................................         0.02
Grass, forage..............................................          4.0
Grass, hay.................................................          4.0
Guava......................................................         0.05
Horse, fat.................................................         0.02
Horse, meat................................................         0.02
Horse, meat byproducts.....................................         0.02
Milk.......................................................         0.02
Nut, macadamia.............................................         0.20
Sheep, fat.................................................         0.02
Sheep, meat................................................         0.02
Sheep, meat byproducts.....................................         0.02
Sorghum, forage, forage....................................           15
Sorghum, grain forage......................................           15
Sorghum, grain, grain......................................         0.20
Sorghum, grain, stover.....................................         0.50
Sugarcane, cane............................................         0.20
Wheat, forage..............................................          1.5
Wheat, grain...............................................         0.10
Wheat, hay.................................................          5.0
Wheat, straw...............................................         0.50
------------------------------------------------------------------------

* * * * *

0
7. Section 180.287 is amended by revising paragraph (a) to read as
follows:

Sec.  180.287  Amitraz; tolerances for residues.

    (a) General. Tolerances are established for residues of the
insecticide amitraz (N'-[2,4-dimethylphenyl]-N- [[(2,4-
dimethylphenyl)imino] methyl]]- N-methylmethanimidamide) and its
metabolites containing the 2,4-dimethylaniline moiety (calculated as
the parent) in or on the following food commodities:

------------------------------------------------------------------------
                                                              Parts per
                         Commodity                             million
------------------------------------------------------------------------
Cattle, fat................................................          0.1
Cattle, meat...............................................         0.02
Cattle, meat byproducts....................................          0.2
Cotton, undelinted seed\1\.................................          1.0
Hog, fat...................................................          0.1
Hog, kidney................................................          0.1
Hog, liver.................................................          0.1
Hog, meat..................................................         0.05
Hog, meat byproducts.......................................          0.3
Milk.......................................................         0.03
Milk, fat..................................................          0.2
Pear.......................................................          3.0
------------------------------------------------------------------------
\1\There are no U.S. registrations on cottonseed as of May 3, 2006.

* * * * *

0
8. Section 180.300 is amended by revising the table in paragraph (a) to
read as follows:

Sec.  180.300  Ethephon; tolerances for residues.

    (a) * * *

------------------------------------------------------------------------
                                                              Parts per
                         Commodity                             million
------------------------------------------------------------------------
Apple......................................................          5.0
Apple, juice...............................................         10.0
Barley, bran...............................................          5.0
Barley, grain..............................................          2.0
Barley, straw..............................................         10.0
Blackberry.................................................         30.0
Blueberry..................................................         20.0
Cantaloupe.................................................          2.0
Cattle, fat................................................         0.02
Cattle, kidney.............................................          1.0
Cattle, meat...............................................         0.02
Cattle, meat byproducts, except kidney.....................          0.2
Cherry.....................................................         10.0
Coffee, bean, green........................................          0.5
Cotton, gin byproducts.....................................        180.0
Cotton, undelinted seed....................................          6.0
Cucumber...................................................          0.1
Egg........................................................        0.002
Goat, fat..................................................         0.02
Goat, kidney...............................................          1.0
Goat, meat.................................................         0.02
Goat, meat byproducts, except kidney.......................          0.2
Grape......................................................          2.0
Grape, raisin..............................................         12.0
Hazelnut...................................................         0.80
Hog, fat...................................................         0.02
Hog, kidney................................................          1.0
Hog, meat..................................................         0.02
Hog, meat byproducts, except kidney........................          0.2
Horse, fat.................................................         0.02
Horse, kidney..............................................          1.0
Horse, meat................................................         0.02
Horse, meat byproducts, except kidney......................          0.2
Milk.......................................................         0.01
Nut, macadamia.............................................          0.5
Pepper.....................................................         30.0
Pineapple..................................................          2.0
Poultry, fat...............................................         0.02
Poultry, liver.............................................         0.05
Poultry, meat..............................................         0.01
Poultry, meat byproducts, except liver.....................         0.01
Sheep, fat.................................................         0.02
Sheep, kidney..............................................          1.0
Sheep, meat................................................         0.02
Sheep, meat byproducts, except kidney......................          0.2
Sugarcane, molasses........................................          1.5
Tomato.....................................................          2.0
Walnut.....................................................          0.5
Wheat, bran................................................          5.0
Wheat, germ................................................          5.0
Wheat, grain...............................................          2.0
Wheat, middlings...........................................          5.0
Wheat, shorts..............................................          5.0
Wheat, straw...............................................         10.0
------------------------------------------------------------------------

* * * * *
[FR Doc. E7-18508 Filed 9-18-07; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register: August 7, 2009 (Volume 74, Number 151)]
[Rules and Regulations]
[Page 39540-39543]
[DOCID:fr07au09-3]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 174

[EPA-HQ-OPP-2009-0101; FRL-8428-7]

Bacillus thuringiensis Cry1A.105 Protein; Time Limited Exemption
From the Requirement of a Tolerance; Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule, correction.

-----------------------------------------------------------------------

SUMMARY: On May 20, 2009 EPA published a Final Rule that established an
18-month, time-limited exemption from the requirement of a tolerance
for residues of the Bacillus thuringiensis Cry1A.105 protein in or on
the food and feed commodities cotton seed, cotton seed oil, cotton seed
meal, cotton hay, cotton hulls, cotton forage and cotton gin byproducts
when used as a plant-incorporated protectant. Subsequent to the
publication of the May 20, 2009 Final Rule, the Agency identified an
error in the Analytical Methods section of that Rule's preamble.
Through this action, EPA is republishing the tolerance exemption with a
new effective date and opportunity to request a hearing, and a
corrected Analytical Methods section. The conditions of the

time-limited tolerance exemption as established on May 20, 2009 are
unchanged: the time-limited tolerance exemption expires and is revoked
on November 22, 2010.

DATES: This regulation is effective August 7, 2009. Objections and
requests for hearings must be received on or before October 6, 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-2009-0101. 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: Denise Greenway, Biopesticides and
Pollution Prevention Division (7511P), Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone
number:<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>
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 174 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-2009-0101 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 October 6, 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-2009-0101, 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<PHONE_NUMBER>.

II. Background and Statutory Findings

    In the Federal Register of March 4, 2009 (74 FR 9395) (FRL-8403-5),
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
9F7521) by Monsanto Company, 800 North Lindbergh Blvd., St. Louis, MO
63167. The petition requested that 40 CFR part 174 be amended by
establishing a time-limited exemption from the requirement of a
tolerance for residues of the plant-incorporated protectant Bacillus
thuringiensis Cry1A.105 protein, in or on the food and feed commodities
cotton seed, cotton seed oil, cotton seed meal, cotton hay, cotton
hulls, cotton forage and cotton gin byproducts. This notice included a
summary of the petition prepared by the petitioner Monsanto Company.
This petition was submitted to deal with a small amount -- less than an
acre -- of an unauthorized, genetically-engineered cotton variety
containing an unregistered plant-incorporated protectant - the
Cry1A.105 protein -- that was inadvertently harvested along with 54
acres of a commercially-available, genetically-engineered cotton
variety. (http://www.epa.gov/pesticides/biopesticides/pips/btcotton_
statement.html). In response to EPA's notice announcing the filing of
pesticide petition 9F7521, one comment was received and was addressed
in the May 20, 2009, Final Rule, in which EPA presented its rationale
for establishing an 18-month time-limited exemption from the
requirement of a tolerance.
    Subsequent to the publication of the May 20, 2009 regulation, the
Agency identified an error in the Analytical Methods section of the
Rule's preamble (Unit VII.B.). Specifically, the text in the Analytical
Methods section of the preamble to the May 20, 2009 Final Rule
erroneously stated that the Polymerase Chain Reaction (PCR) method
analyzed for Bacillus thuringiensis Cry1A.105 protein. In fact, the PCR
method analyzes for Bacillus thuringiensis

Cry1A.105 DNA. This action corrects that error. This action also
establishes a new effective date and opportunity to request a hearing.
The conditions of the time-limited tolerance exemption as established
on May 20, 2009 are unchanged: it still expires and is revoked on
November 22, 2010. See Section VII.B., below, for the subject
correction to the Analytical Methods section.
    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.
    For a more extensive discussion, see the Final Rule of May 20, 2009
(74 FR 23635, FRL-8417-3).

IV. Aggregate Exposures

    In examining aggregate exposure, section 408 of FFDCA directs EPA
to consider available information concerning exposures from the
pesticide residue in food and all other non-occupational 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

      Food. See the Final Rule of May 20, 2009 (74 FR 23635, FRL-8417-
3).

 B. Other Non-Occupational Exposure

     Dermal and inhalation exposure. See the Final Rule of May 20, 2009
(74 FR 23635), (FRL-8417-3).

V. Cumulative Effects

    See the Final Rule of May 20, 2009 (74 FR 23635), (FRL-8417-3).

VI. Determination of Safety for U.S. Population, Infants and Children

    See the Final Rule of May 20, 2009 (74 FR 23635), (FRL-8417-3).

VII. Other Considerations

A. Endocrine Disruptors

    See the Final Rule of May 20, 2009 (74 FR 23635), (FRL-8417-3).

B. Analytical Method

    A Polymerase Chain Reaction (PCR) method for the detection and (in
the context of a tolerance exemption) measurement of the Bacillus
thuringiensis Cry1A.105 DNA in cotton has been submitted (MRID 477497-
01).

C. Codex Maximum Residue Level

    See the Final Rule of May 20, 2009 (74 FR 23635, FRL-8417-3).

VIII. Conclusions

    See the Final Rule of May 20, 2009 (74 FR 23635, FRL-8417-3).

 IX. Statutory and Executive Order Reviews

    This final rule establishes an exemption from the requirement of a
tolerance 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 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).

X. 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 174

    Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.

    Dated: July 27, 2009.
W. Michael McDavit,
Acting Director, Biopesticides and Pollution Prevention Division,
Office of Pesticide Programs.

0
Therefore, 40 CFR chapter I is amended as follows:

PART 174--[AMENDED]

0
1. The authority citation for part 174 continues to read as follows:

    Authority: 21 U.S.C. 321(q), 346a and 371.

0
2. Section 174.502 is revised to read as follows:

Sec.  174.502  Bacillus thuringiensis Cry1A.105 protein; exemption from
the requirement of a tolerance.

    (a) Residues of Bacillus thuringiensis Cry1A.105 protein in or on
the food and feed commodities of corn; corn, field, flour; corn, field,
forage; corn, field, grain; corn, field, grits; corn, field, meal;
corn, field, refined oil; corn, field, stover; corn, sweet, forage;
corn, sweet, kernel plus cob with husk removed; corn, sweet, stover;
and corn, pop, grain and corn, pop, stover are exempt from the
requirement of a tolerance when the Bacillus thuringiensis Cry1A.105
protein is used as a plant-incorporated protectant in these food and
feed corn commodities.
    (b) A time-limited exemption from the requirement of a tolerance is
established for residues of Bacillus thuringiensis Cry1A.105 protein in
or on the food and feed commodities of cotton; cotton, forage; cotton,
gin byproducts; cotton, hay; cotton, hulls; cotton, meal; cotton,
refined oil; and cotton, undelinted seed when the Bacillus
thuringiensis Cry1A.105 protein is used as a plant-incorporated
protectant in these food and feed cotton commodities. The exemption
from the requirement of a tolerance expires and is revoked on November
22, 2010.
[FR Doc. E9-18860 Filed 8-6-09; 8:45 am]

BILLING CODE 6560-50-S