[Federal Register Volume 76, Number 51 (Wednesday, March 16, 2011)]
[Rules and Regulations]
[Pages 14289-14293]
[FR Doc No: 2011-6035]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 174

[EPA-HQ-OPP-2009-0609; FRL-8866-5]

Bacillus thuringiensis eCry3.1Ab Protein in Corn; Temporary
Exemption From the Requirement of a Tolerance

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation extends a temporary exemption from the
requirement of a tolerance for residues of Bacillus thuringiensis
eCry3.1Ab protein in corn or on the food and feed commodities of corn;
corn, field; corn, sweet; and corn, pop, when used as a plant-
incorporated protectant in accordance with the terms of Experimental
Use Permit (EUP) No. 67979-EUP-8. Syngenta Seeds, Inc. submitted a
petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA),
requesting to extend the temporary tolerance exemption that was set to
expire on June 1, 2012. This regulation eliminates the need to
establish a maximum permissible level for residues of Bacillus
thuringiensis eCry3.1Ab protein in corn. The temporary tolerance
exemption now expires on March 1, 2013.

DATES: This regulation is effective March 16, 2011. Objections and
requests for hearings must be received on or before May 16, 2011, 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-2009-0609. 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: Mike Mendelsohn, Biopesticides and
Pollution Prevention Division (7511P), 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 under FOR FURTHER INFORMATION
CONTACT.

B. How can I get electronic access to other related information?

    You may 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. How can I file an objection or hearing request?

    Under FFDCA section 408(g), 21 U.S.C. 346a(g), any person may file
an objection to any aspect of this regulation and may also request a
hearing on those objections. You must file your objection or request a
hearing on this regulation in accordance with the instructions provided
in 40 CFR part 178. To ensure proper receipt by EPA, you must identify
docket ID number EPA-HQ-OPP-2009-0609 in the subject line on the first
page of your submission. All objections and requests for a hearing must
be in writing, and must be received by the Hearing Clerk on or before
May 16, 2011. Addresses for mail and hand delivery of objections and
hearing requests are provided in 40 CFR 178.25(b).
    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. Information not marked confidential pursuant to 40 CFR part 2
may be disclosed publicly by EPA without prior notice. Submit a copy of
your non-CBI objection or hearing request, identified by docket ID
number EPA-HQ-OPP-2009-0609, 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 January 21, 2011 (76 FR 3885) (FRL-8855-
4), EPA issued a notice pursuant to section 408(d)(3) of FFDCA, 21
U.S.C. 346a(d)(3), announcing the filing of a pesticide tolerance
petition (PP 0G7756) by Syngenta Seeds, Inc., P.O. Box 12257, Research
Triangle Park, NC 27709. The petition requested that 40 CFR part 174 be
amended by extending a temporary exemption from the requirement of a
tolerance for residues of Bacillus thuringiensis eCry3.1Ab protein in
corn. This notice referenced a summary of the petition prepared by the
petitioner Syngenta Seeds, Inc., which is available in the docket,
http://www.regulations.gov. One comment was received on the notice of
filing. EPA's response to this comment is discussed in Unit VII.C.
    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.

A. Product Characterization Overview

    Based on amino acid sequence homology and crystal structures, known
Cry proteins have a similar three-dimensional structure comprised of
three domains, Domain I, II, and III (Refs. 3, 5, 6 and 7). The toxin
portions of Cry proteins are characterized by having five conserved
blocks (CB) across their amino acid sequence. These are numbered CB1 to
CB5 from the N-terminus to the C-terminus (Ref. 4). The sequences
preceding and following these conserved blocks are highly variable and
are designated as variable regions V1 to V6.
    Syngenta Seeds, Inc. developed Event 5307 maize (Zea mays) through
Agrobacterium-mediated transformation (via plasmid vector PV-ZMIR245)
to express eCry3.1Ab protein for use as a plant-incorporated protectant
(PIP). This proposed PIP is a chimeric Bacillus thuringiensis protein,
composed of portions of Cry1Ab and modified Cry3A proteins. The
eCry3.1Ab protein was genetically engineered via exchanging the
variable regions (V1 to V6) between the mCry3A and the Cry1Ab proteins
for enhanced toxicity against western corn rootworm (WCR, Diabrotica
virgifera). The eCry3.1Ab protein consists of a fusion between the N-
terminus (Domain I, Domain II, and a portion of Domain III) of mCry3A
and the C-terminus (a portion of Domain III and variable region 6) of
Cry1Ab. The eCry3.1Ab

protein is 654 amino acid residues in size and is approximately 73.7
kilodaltons.

B. Mammalian Toxicity and Allergenicity Assessment

    Syngenta has submitted acute oral toxicity data demonstrating the
lack of mammalian toxicity at high levels of exposure to the pure
eCry3.1Ab protein. These data demonstrate the safety of the product at
a level well above maximum possible exposure levels that are reasonably
anticipated in the crop. Basing this conclusion on acute oral toxicity
data without requiring further toxicity testing and residue data is
similar to the Agency position regarding toxicity testing and the
requirement of residue data for the microbial Bacillus thuringiensis
products from which this PIP was derived (see 40 CFR 158.2130(d)(1)(i)
and 158.2140(d)(7)). For microbial products, further toxicity testing
and residue data are triggered by significant adverse acute effects in
studies, such as the mouse oral toxicity study, to verify and quantify
the observed adverse effects and clarify the source of these effects
(Tiers II & III).
    An acute oral toxicity study in mice (Master Record Identification
Number MRID No. 477539-01) indicated that eCry3.1Ab is nontoxic. Two
groups of 10 male and 10 female mice were orally dosed (via gavage)
with 2,000 milligrams/kilograms bodyweight (mg/kg bwt) (eCry3.1Ab
protein mg/kg bwt) of the eCry3.1Ab-0208 test substance, the microbial-
produced eCry3.1Ab protein. All treated animals gained weight and had
no test material-related clinical signs and no test material-related
findings at necropsy. Since there were no significant differences
between the test and control groups related to the oral administration
of eCry3.1Ab-0208 test material, the eCry3.1Ab protein does not appear
to cause any significant adverse effects at an exposure level of up to
2,000 mg/kg bwt and supports the finding that the eCry3.1Ab protein
would be nontoxic to mammals.
    When proteins are toxic, they are known to act via acute mechanisms
and at very low dose levels (Ref. 8). Therefore, since no acute effects
were shown to be caused by eCry3.1Ab, even at relatively high dose
levels, the eCry3.1Ab protein is not considered toxic. Further, amino
acid sequence comparisons showed no similarities between the eCry3.1Ab
protein and known toxic proteins in protein databases that would raise
a safety concern.
    Since eCry3.1Ab is a protein, allergenic sensitivities were
considered. Currently, no definitive tests exist for determining the
allergenic potential of novel proteins. Therefore, EPA uses a ``weight-
of-the-evidence'' approach where the following factors are considered:
Source of the trait; amino acid sequence similarity with known
allergens; prevalence in food; and biochemical properties of the
protein, including in vitro digestibility in simulated gastric fluid
(SGF) and glycosylation (as recommended by CAC 2003, see Ref. 2).
Current scientific knowledge suggests that common food allergens tend
to be resistant to degradation by acid and proteases; may be
glycosylated; and present at high concentrations in the food.
    1. Source of the trait. Bacillus thuringiensis is not considered to
be a source of allergenic proteins.
    2. Amino acid sequence. A comparison of the amino acid sequence of
eCry3.1Ab with known allergens showed no significant overall sequence
similarity or identity at the level of eight contiguous amino acid
residues. This is the appropriate level of sensitivity to detect
possible IgE epitopes without high false positive rates.
    3. Prevalence in food. Preliminary expression level analysis shows
that the eCry3.1Ab protein is present at relatively low levels. Dietary
exposure is expected to be correspondingly low. Expression in Event
5307 leaf is 35 parts per million (ppm); root is 6 ppm; and pollen is
0.15 ppm. Thus, the expression has been shown to be in the parts per
million range.
    4. Digestibility. The eCry3.1Ab protein was rapidly digested in
simulated mammalian gastric fluid containing pepsin at a pH of 1.2 at
37[deg]C. The estimated degradation rate (DT50) is less than 1 minute
for eCry3.1Ab protein.
    5. Glycosylation. The eCry3.1Ab protein expressed in corn was shown
not to be glycosylated.
    6. Conclusion. Considering all of the available information, EPA
has concluded that the potential for eCry3.1Ab to be a food allergen is
minimal.

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).
    The Agency has considered available information on the aggregate
exposure levels of consumers (and major identifiable subgroups of
consumers) to the pesticide chemical residue and to other related
substances. First, with respect to other related substances, the
eCry3.1Ab protein is a chimeric Bacillus thuringiensis protein,
composed of portions of Cry1Ab and mCry3A proteins, both of which are
registered PIPs that were previously assessed as having a lack of
mammalian toxicity at high levels of exposure. Exemptions from the
requirement of a tolerance have been established for Cry1Ab in food and
mCry3A in maize, (see 40 CFR 174.511 and 40 CFR 174.505). Second, and
specific to the eCry3.1Ab protein, these considerations include dietary
exposure under the tolerance exemption and all other tolerances or
exemptions in effect for the PIP chemical residue and exposure from
non-occupational sources. Exposure via the skin or inhalation is not
likely since the PIP is contained within plant cells, which essentially
eliminates these exposure routes or reduces these exposure routes to
negligible. The amino acid homology assessment included similarity to
known aeroallergens. It has been demonstrated that there is no evidence
of occupationally-related respiratory symptoms, based on a health
survey on migrant workers after exposure to Bt pesticides (Ref. 1).
Exposure via residential or lawn use to infants and children is also
not expected because the use sites for the eCry3.1Ab protein are all
agricultural for control of insects. Oral exposure, at very low levels,
may occur from ingestion of processed corn products and, potentially,
drinking water.
    However, oral toxicity testing done at a dose of 2 gm/kg showed no
adverse effects. Furthermore, the expected dietary exposure from corn
is several orders of magnitude lower than the amounts of eCry3.1Ab
protein shown to have no toxicity. Therefore, even if negligible
aggregate exposure should occur, the Agency concludes that such
exposure would present no harm due to the lack of mammalian toxicity
and the rapid digestibility demonstrated for the eCry3.1Ab protein.

V. Cumulative Effects From Substances With a Common Mechanism of
Toxicity

    Section 408(b)(2)(D)(v) of FFDCA requires that, when considering
whether to establish, modify, or revoke a tolerance, 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.''
    Since eCry3.1Ab is not considered toxic, EPA has not found Bacillus

thuringiensis eCry3.1Ab protein in corn to share a common mechanism of
toxicity with any other substances, and Bacillus thuringiensis
eCry3.1Ab protein in corn does not appear to produce a toxic metabolite
produced by other substances. For the purposes of this tolerance
action, therefore, EPA has assumed that Bacillus thuringiensis
eCry3.1Ab protein in corn does not have a common mechanism of toxicity
with other substances. Following from this, EPA concludes that there
are no cumulative effects associated with eCry3.1Ab that need to be
considered. For information regarding EPA's efforts to determine which
chemicals have a common mechanism of toxicity and to evaluate the
cumulative effects of such chemicals, see EPA's Web site at http://www.epa.gov/pesticides/cumulative.

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

    The data submitted and cited regarding potential health effects for
the eCry3.1Ab protein include the characterization of the expressed
eCry3.1Ab protein in corn, as well as the acute oral toxicity, heat
stability, and in vitro digestibility of the protein. The results of
these studies were used to evaluate human risk, and the validity,
completeness, and reliability of the available data from the studies
were also considered.
    As discussed more fully in Unit III. above, the acute oral toxicity
data submitted supports the prediction that the eCry3.1Ab protein would
be nontoxic to humans. Moreover, eCry3.1Ab showed no sequence
similarity to any known toxin. Because of this lack of demonstrated
mammalian toxicity, no protein residue chemistry data for eCry3.1Ab
were required for a human health effects assessment. Even so,
preliminary expression level analysis showed eCry3.1Ab protein is
present at relatively low levels. Dietary exposure is expected to be
correspondingly low.
    In addition, since eCry3.1Ab is a protein, its potential
allergenicity was also considered as part of the toxicity assessment.
Data considered as part of the allergenicity assessment include that
the eCry3.1Ab protein came from Bacillus thuringiensis, which is not a
known allergenic source, showed no sequence similarity to known
allergens, was readily degraded by pepsin, and was not glycosylated
when expressed in the plant. Therefore, there is a reasonable certainty
that eCry3.1Ab protein will not be an allergen.
    Considered together, the lack of mammalian toxicity at high levels
of exposure to the eCry3.1Ab protein and the minimal potential for that
protein to be a food allergen demonstrate the safety of the product at
levels well above possible maximum exposure levels anticipated in the
crop.
    Finally, and specifically in regards to infants and children, FFDCA
section 408(b)(2)(C) provides that EPA shall assess the available
information about consumption patterns among infants and children,
special susceptibility of infants and children to pesticide chemical
residues, and the cumulative effects on infants and children of the
residues and other substances with a common mechanism of toxicity. In
addition, FFDCA section 408(b)(2)(C) provides that EPA shall apply an
additional tenfold margin of safety for infants and children in the
case of threshold effects to account for prenatal and postnatal
toxicity and the completeness of the data base unless EPA determines
that a different margin of safety will be safe for infants and
children.
    Based on its review and consideration of all the available
information, as discussed in more detail above, the Agency concludes
that there is a reasonable certainty that no harm will result to the
U.S. population, including infants and children, from aggregate
exposure to residues of the eCry3.1Ab protein and the genetic material
necessary for its production in corn. This includes all anticipated
dietary exposures and all other exposures for which there is reliable
information. The Agency has also concluded, again for the reasons
discussed in more detail above, that there are no threshold effects of
concern and, as a result, that an additional margin of safety for
infants and children is unnecessary in this instance.

VII. Other Considerations

A. Analytical Enforcement Methodology

    The Agency has determined that an analytical method is not required
for enforcement purposes since the Agency is establishing an exemption
from the requirement of a tolerance without any numerical limitation.
Nonetheless, a method for extraction and two test strip commercial kits
to detect eCry3.1Ab protein via enzyme-linked immunosorbent assay
analysis in corn have been submitted.

B. International Residue Limits

    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. In this
context, EPA considers the international maximum residue limits (MRLs)
established by the Codex Alimentarius Commission (Codex), as required
by FFDCA section 408(b)(4). 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. The Codex has not
established a MRL for Bacillus thuringiensis eCry3.1Ab protein in corn.

C. Response to Comments

    One comment was received from an anonymous individual who objected
in general terms to EPA granting registrations or experimental use
permits of Bacillus thuringiensis-based pesticides or its approval of
any corresponding tolerance exemptions, claiming that insufficient
safety testing has been required. While the Agency understands that
some individuals are opposed to all pesticide use, relevant data
(discussed above) did serve as the basis for EPA's conclusion in this
instance that there is a reasonable certainty of no harm from residues
of Bacillus thuringiensis eCry3.1Ab protein in corn.

VIII. Conclusion

    The Agency concludes that there is a reasonable certainty that no
harm will result to the U.S. population, including infants and
children, from aggregate exposure to residues of eCry3.1Ab protein in
corn and the genetic material necessary for its production. Therefore,
the temporary tolerance exemption for residues of Bacillus
thuringiensis eCry3.1Ab protein in or on corn is modified by extending
the expiration date to March 1, 2013.

IX. References

    1. Bernstein IL, Bernstein JA, Miller M, Tierzieva S, Bernstein
DI., Lummus Z, Selgrade MK, Doerfler DL, Seligy VL. 1999. Immune
responses in farm workers after exposure to Bacillus thuringiensis
pesticides. Environmental Health Perspectives. 107(7): 575-82.
    2. CAC. 2003. Alinorm 03/34: Joint FAO/WHO Food Standard
Programme. Codex Alimentarius Commission, Twenty-Fifth Session, 30
July 2003. Rome, Italy. Appendix III: Guideline for Conduct of Food
Safety Assessments of Foods Derived from Recombinant-DNA Plants;
Appendix IV: Annex on Assessment of Possible

Allergenicity. Codex Alimentarius Commision, 47-60.
    3. Ge A, Rivers D, Milne R, Dean DH. 1991. Functional Domains of
Bacillus thuringiensis Insecticidal Crystal Proteins. Refinement of
Heliothis virescens and Trichoplusiani Specificity Domains on
Cry1A(c). Journal of Biological Chemistry. 266: 17954-17958.
    4. Hofte H, Whitley HR. 1989. Insecticidal Crystal Proteins of
Bacillus thuringiensis. Microbiology Review. 53: 242-255.
    5. Honee G, Convents D, Van Rie J, Jansens S, Peferoen M, Visser
B. 1991. The C-Terminal Domain of the Toxic Fragment of a Bacillus
thuringiensis Crystal Protein Determines Receptor Binding. Molecular
Microbiology. 5: 2799-2806.
    6. Li J, Carroll J, Ellar DJ. 1991. Crystal Structure of
Insecticidal delta-Endotoxin from Bacillus thuringiensis at 2.5 A
resolution. Nature. 353: 815-821.
    7. Nakamura K, Oshie K, Shimizu M, Takada Y, Oeda K, Ohkawa H.
1990. Construction of Chimeric Insecticidal Proteins Between the
130-kDa and 135-kDa Proteins of Bacillus thuringiensis subsp.
aizawai for Analysis of Structure-Function Relationship.
Agricultural Biological Chemistry. 54: 715-724.
    8. Sjoblad RD, McClintock JT, Engler R. 1992. Toxicological
Considerations for Protein Components of Biological Pesticide
Products. Regulatory Toxicology and Pharmacology. 15(1): 3-9.

X. Statutory and Executive Order Reviews

    This final rule modifies a tolerance exemption 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 modified on the basis of a
petition under section 408(d) of FFDCA, such as the tolerance 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. As a result, 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. 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) (Pub. L. 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).

XI. 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: March 3, 2011.
Keith A. Matthews,
Director, Biopesticides and Pollution Prevention Division, Office of
Pesticide Programs.

    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: 7 U.S.C. 136-136y; 21 U.S.C. 346a and 371.

0
2. Section 174.532 is revised to read as follows:

Sec.  174.532  Bacillus thuringiensis eCry3.1Ab protein in corn;
temporary exemption from the requirement of a tolerance.

    Residues of Bacillus thuringiensis eCry3.1Ab protein in corn, in or
on the food and feed commodities of corn; corn, field; corn, sweet; and
corn, pop are exempt temporarily from the requirement of a tolerance
when Bacillus thuringiensis eCry3.1Ab protein in corn is used as a
plant-incorporated protectant in accordance with the terms of
Experimental Use Permit 67979-EUP-8. This temporary exemption from the
requirement of a tolerance expires and is revoked on March 1, 2013.

[FR Doc. 2011-6035 Filed 3-15-11; 8:45 am]
BILLING CODE 6560-50-P