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17910 Federal Register / Vol. 73, No.

64 / Wednesday, April 2, 2008 / Rules and Regulations

should be banned completely. However, This final rule directly regulates Dated: March 20, 2008.
under the existing framework provided growers, food processors, food handlers, Lois Rossi,
by section 408 of the FFDCA, EPA is and food retailers, not States or tribes, Director, Registration Division, Office of
required to establish pesticide nor does this action alter the Pesticide Programs.
tolerances or exemptions where persons relationships or distribution of power ■Therefore, 40 CFR chapter I is
seeking such tolerances have and responsibilities established by amended as follows:
demonstrated that the pesticide meets Congress in the preemption provisions
the safety standard imposed by that of section 408(n)(4) of FFDCA. As such, PART 180—[AMENDED]
statue. The commenter has not provided the Agency has determined that this
the Agency with specific rationale nor ■ 1. The authority citation for part 180
action will not have a substantial direct continues to read as follows:
additional information pertaining to the
effect on States or tribal governments,
legal standards in FFDCA section 408 Authority: 21 U.S.C. 321(q), 346a and 371.
for opposing the establishment of a on the relationship between the national
■ 2. Section 180. 599 is amended by
tolerance for acequinocyl. In the government and the States or tribal
removing from the table in paragraph (a)
absence of any additional information of governments, or on the distribution of
the entry for almond, and adding new
a factual nature, the Agency can not power and responsibilities among the commodities to the table to read as
effectively respond to the commenter’s various levels of government or between follows:
disagreement with the Agency’s the Federal Government and Indian
decision. tribes. Thus, the Agency has determined § 180.599 Acequinocyl; Tolerances for
that Executive Order 13132, entitled residues.
V. Conclusion (a) * * *
Federalism (64 FR 43255, August 10,
Therefore, the tolerances are 1999) and Executive Order 13175,
established for combined residues of entitled Consultation and Coordination Commodity Parts per million
acequinocyl and its metabolite, 2- with Indian Tribal Governments (65 FR
dodecyl-3-hydroxy-1,4-naphthoquinone * * * * *
67249, November 6, 2000) do not apply
expressed as acequinocyl equivalents, in to this rule. In addition, This rule does Grape .............................. 1.6
or on grape and nut, tree, group 14 at not impose any enforceable duty or * * * * *
1.6 ppm and 0.02 ppm, respectively.
contain any unfunded mandate as
VI. Statutory and Executive Order described under Title II of the Unfunded Nut, tree, group 14 ......... 0.02
Reviews * * * * *
Mandates Reform Act of 1995 (UMRA)
This final rule establishes a tolerance (Public Law 104–4). * * * * *
under section 408(d) of FFDCA in This action does not involve any [FR Doc. E8–6699 Filed 4–1–08; 8:45 am]
response to a petition submitted to the technical standards that would require BILLING CODE 6560–50–S
Agency. The Office of Management and Agency consideration of voluntary
Budget (OMB) has exempted these types consensus standards pursuant to section
of actions from review under Executive 12(d) of the National Technology ENVIRONMENTAL PROTECTION
Order 12866, entitled Regulatory Transfer and Advancement Act of 1995 AGENCY
Planning and Review (58 FR 51735, (NTTAA), Public Law 104–113, section
October 4, 1993). Because this rule has 40 CFR Part 180
12(d) (15 U.S.C. 272 note).
been exempted from review under
[EPA–HQ–OPP–2006–0479; FRL–8347–9]
Executive Order 12866, this rule is not VII. Congressional Review Act
subject to Executive Order 13211, Ferric Citrate; Inert Ingredient;
Actions Concerning Regulations That The Congressional Review Act, 5
U.S.C. 801 et seq., generally provides Exemption from the Requirement of a
Significantly Affect Energy Supply, Tolerance
Distribution, or Use (66 FR 28355, May that before a rule may take effect, the
22, 2001) or Executive Order 13045, agency promulgating the rule must AGENCY: Environmental Protection
entitled Protection of Children from submit a rule report to each House of Agency (EPA).
Environmental Health Risks and Safety the Congress and to the Comptroller ACTION: Final rule.
Risks (62 FR 19885, April 23, 1997). General of the United States. EPA will
This final rule does not contain any submit a report containing this rule and SUMMARY: This regulation establishes an
information collections subject to OMB other required information to the U.S. exemption from the requirement of a
approval under the Paperwork Senate, the U.S. House of tolerance under 40 CFR 180.910 for
Reduction Act (PRA), 44 U.S.C. 3501 et Representatives, and the Comptroller residues of ferric citrate (CAS Reg. No.
seq., nor does it require any special 2338–05–8) in or on raw agricultural
General of the United States prior to
considerations under Executive Order commodities when applied/used as
publication of this final rule in the
12898, entitled Federal Actions to inert ingredients in pesticide
Federal Register. This final rule is not formulations. The Shepherd Chemical
Address Environmental Justice in a ‘‘major rule’’ as defined by 5 U.S.C.
Minority Populations and Low-Income Company submitted a petition to EPA
804(2). under the Federal Food, Drug, and
Populations (59 FR 7629, February 16,
1994). List of Subjects in 40 CFR Part 180 Cosmetic Act (FFDCA), as amended by
Since tolerances and exemptions that the Food Quality Protection Act of 1996,
are established on the basis of a petition Environmental protection, requesting an exemption from the
under section 408(d) of FFDCA, such as Administrative practice and procedure, requirement of a tolerance. This
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the tolerance in this final rule, do not Agricultural commodities, Pesticides regulation eliminates the need to
require the issuance of a proposed rule, and pests, Reporting and recordkeeping establish a maximum permissible level
the requirements of the Regulatory requirements. for residues of ferric citrate.
Flexibility Act (RFA) (5 U.S.C. 601 et DATES: This regulation is effective April
seq.) do not apply. 2, 2008. Objections and requests for

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Federal Register / Vol. 73, No. 64 / Wednesday, April 2, 2008 / Rules and Regulations 17911

hearings must be received on or before This listing is not intended to be EPA–HQ–OPP–2006–0479, by one of
June 2, 2008, and must be filed in exhaustive, but rather provides a guide the following methods:
accordance with the instructions for readers regarding entities likely to be • Federal eRulemaking Portal: http://
provided in 40 CFR part 178 (see also affected by this action. Other types of www.regulations.gov. Follow the on-line
Unit I.C. of the SUPPLEMENTARY entities not listed in this unit could also instructions for submitting comments.
INFORMATION). be affected. The North American • Mail: Office of Pesticide Programs
Industrial Classification System (OPP) Regulatory Public Docket (7502P),
ADDRESSES: EPA has established a Environmental Protection Agency, 1200
docket for this action under docket (NAICS) codes have been provided to
assist you and others in determining Pennsylvania Ave., NW., Washington,
identification (ID) number EPA–HQ– DC 20460–0001.
OPP–2006–0479. To access the whether this action might apply to
certain entities. To determine whether • Delivery: OPP Regulatory Public
electronic docket, go to http:// Docket (7502P), Environmental
www.regulations.gov, select ‘‘Advanced you or your business may be affected by
this action, you should carefully Protection Agency, Rm. S–4400, One
Search,’’ then ‘‘Docket Search.’’ Insert Potomac Yard (South Bldg.), 2777 S.
the docket ID number where indicated examine the applicability provisions in
40 CFR part 152. If you have any Crystal Dr., Arlington, VA. Deliveries
and select the ‘‘Submit’’ button. Follow are only accepted during the Docket’s
the instructions on the regulations.gov questions regarding the applicability of
this action to a particular entity, consult normal hours of operation (8:30 a.m. to
website to view the docket index or 4 p.m., Monday through Friday,
access available documents. All the person listed under FOR FURTHER
INFORMATION CONTACT.
excluding legal holidays). Special
documents in the docket are listed in arrangements should be made for
the docket index available in B. How Can I Access Electronic Copies deliveries of boxed information. The
regulations.gov. Although listed in the of this Document? Docket Facility telephone number is
index, some information is not publicly (703) 305–5805.
available, e.g., Confidential Business In addition to accessing an electronic
Information (CBI) or other information copy of this Federal Register document II. Background and Statutory Findings
whose disclosure is restricted by statute. through the electronic docket at http:// In the Federal Register of June 7, 2006
Certain other material, such as www.regulations.gov, you may access (71 FR 32955) (FRL–8071–2), EPA
copyrighted material, is not placed on this Federal Register document issued a notice pursuant to section
the Internet and will be publicly electronically through the EPA Internet 408(d)(3) of FFDCA, 21 U.S.C.
available only in hard copy form. under the Federal Register listings at 346a(d)(3), announcing the filing of a
Publicly available docket materials are http://www.epa.gov/fedrgstr. You may pesticide tolerance petition (PP 6E7062)
available either in the electronic docket also access a frequently updated by The Shepherd Chemical Company,
at http://www.regulations.gov, or, if only electronic version of 40 CFR part 180 4900 Beech Street; Norwood, OH
available in hard copy, at the Office of through the Government Printing 45212–2398. The petition requested that
Pesticide Programs (OPP) Regulatory Office’s pilot e-CFR site at http:// 40 CFR part 180 be amended by
Public Docket in Rm. S–4400, One www.gpoaccess.gov/ecfr. establishing an exemption from the
Potomac Yard (South Bldg.), 2777 S. C. Can I File an Objection or Hearing requirement of a tolerance for residues
Crystal Dr., Arlington, VA. The hours of Request? of ferric citrate. No comments were
operation of this Docket Facility are received in response to the notice of
from 8:30 a.m. to 4 p.m., Monday Under section 408(g) of FFDCA, as filing.
through Friday, excluding legal amended by FQPA, any person may file Section 408(c)(2)(A)(i) of FFDCA
holidays. The Docket Facility telephone an objection to any aspect of this allows EPA to establish an exemption
number is (703) 305–5805. regulation and may also request a from the requirement for a tolerance (the
hearing on those objections. The EPA legal limit for a pesticide chemical
FOR FURTHER INFORMATION CONTACT:
procedural regulations which govern the residue in or on a food) only if EPA
Kathleen Martin, Registration Division
submission of objections and requests determines that the tolerance is ‘‘safe.’’
(7505P), Office of Pesticide Programs,
for hearings appear in 40 CFR part 178. Section 408(c)(2)(A)(ii) of FFDCA
Environmental Protection Agency, 1200
You must file your objection or request defines ‘‘safe’’ to mean that ‘‘there is a
Pennsylvania Ave., NW., Washington,
a hearing on this regulation in reasonable certainty that no harm will
DC 20460–0001; telephone number:
accordance with the instructions result from aggregate exposure to the
(703) 308–2857; e-mail address:
provided in 40 CFR part 178. To ensure pesticide chemical residue, including
martin.kathleen@epa.gov.
proper receipt by EPA, you must all anticipated dietary exposures and all
SUPPLEMENTARY INFORMATION: identify docket ID number EPA–HQ– other exposures for which there is
I. General Information OPP–2006–0479 in the subject line on reliable information.’’ This includes
the first page of your submission. All exposure through drinking water and in
A. Does this Action Apply to Me? requests must be in writing, and must be residential settings, but does not include
You may be potentially affected by mailed or delivered to the Hearing Clerk occupational exposure. Pursuant to
this action if you are an agricultural on or before June 2, 2008. section 408(c)(2)(B) of FFDCA, in
producer, food manufacturer, or In addition to filing an objection or establishing or maintaining in effect an
pesticide manufacturer. Potentially hearing request with the Hearing Clerk exemption from the requirement of a
affected entities may include, but are as described in 40 CFR part 178, please tolerance, EPA must take into account
not limited to: submit a copy of the filing that does not the factors set forth in section
• Crop production (NAICS code 111). contain any CBI for inclusion in the 408(b)(2)(C) of FFDCA, which requires
• Animal production (NAICS code public docket that is described in EPA to give special consideration to
mstockstill on PROD1PC66 with RULES

112). ADDRESSES. Information not marked exposure of infants and children to the
• Food manufacturing (NAICS code confidential pursuant to 40 CFR part 2 pesticide chemical residue in
311). may be disclosed publicly by EPA establishing a tolerance and to ‘‘ensure
• Pesticide manufacturing (NAICS without prior notice. Submit your that there is a reasonable certainty that
code 32532). copies, identified by docket ID number no harm will result to infants and

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17912 Federal Register / Vol. 73, No. 64 / Wednesday, April 2, 2008 / Rules and Regulations

children from aggregate exposure to the of medicinal iron, especially in young over 60 minutes; this route was chosen
pesticide chemical residue.’’ children. Accidental iron overdose is over the oral route because only a small
EPA performs a number of analyses to the most common cause of poisoning amount of iron is absorbed from the
determine the risks from aggregate deaths in children under six years of age gastrointestinal tract after overdose. A
exposure to pesticide residues. First, in the U.S. The severity of iron toxicity significant rise was observed in the
EPA determines the toxicity of is related to the amount of elemental maternal serum iron concentration but
pesticides. Second, EPA examines iron absorbed. Gastrointestinal (GI) not in that of the fetuses. The
exposure to the pesticide through food, manifestations occur following the investigators concluded that the fetus is
drinking water, and through other ingestion of 20 milligrams/kilograms protected from elevated maternal serum
exposures that occur as a result of body weight (mg/kg bw) and systemic iron concentrations during the third
pesticide use in residential settings. toxicity may occur following the trimester of pregnancy, a period when
Provided below in Unit III is a brief ingestion of 60 mg/kg bw. Vomiting and the fetus acquires most of the iron that
summary and conclusions for the diarrhea characterize the initial stages of it needs during the gestational period.
Agency’s review of ferric citrate. The iron intoxication while later systemic
full Inert Ingredient Decision Document IV. Aggregate Exposures
effects can include those involving the
for this action is available on EPA’s heart, central nervous system, kidney, In examining aggregate exposure,
Electronic Docket at http:// liver, and blood. IOM reports that in FFDCA section 408 directs EPA to
www.regulations.gov/ under docket studies with adults, GI effects were seen consider available information
number EPA–HQ–OPP–2006–0479. at 50 milligrams/day (mg/day) of concerning exposures from the pesticide
elemental iron; this finding is supported residue in food and all other non-
III. Toxicological Profile occupational exposures, including
by other studies showing similar effects.
Consistent with section 408(b)(2)(D) Subchronic toxicity. The open drinking water from ground water or
of FFDCA, EPA has reviewed the literature reports a study where ferric surface water and exposure through
available scientific data and other citrate was administered to mice in pesticide use in gardens, lawns, or
relevant information in support of this drinking water at doses of 0; 0.06; 0.12; buildings (residential and other indoor
action and considered its validity, 0.25; 0.5; or 1% (which is equivalent to uses).
completeness and reliability and the 0; 600; 1,200; 2,500; 5,000; or 10,000 EPA does not have information
relationship of this information to ppm) for 13 weeks. The investigators available to assess the potential for
human risk. EPA has also considered determined that the maximum tolerated exposure to ferric citrate in consumer
available information concerning the dose is 1,200 ppm. products. Nevertheless, given: The
variability of the sensitivities of major Mutagenicity. The open literature natural and ubiquitous occurrence of
identifiable subgroups of consumers, provides results of Ames testing (with S. iron-containing compounds in the
including infants and children. The typhimurium strains TA92, TA 1535, environment; iron’s known role in
nature of the toxic effects caused by TA100, TA1537, TA94, and TA98) and human physiology; and its presence in
ferric citrate is discussed in this unit. chromosomal aberration testing (with various foods such as beef, soybeans,
The Agency reviewed the available Chinese hamster fibroblasts). In the lentils, and spinach, it is unlikely that
information on ferric citrate and Ames test using 25 milligrams/plate residential exposures of concern would
determined that the toxicity database is (mg/plate) of ferric citrate (the result from the use of ferric citrate in
sufficient. The toxicity studies maximum dose), no significant nonpesticide products and as an
summarized below are from the increases in the number of revertant ingredient in pesticide. Therefore, no
published literature; their full references colonies were detected in any S. further aggregate assessment is
are provided in the Decision Document. typhimurium strains. In the necessary.
In summary, from what is known about chromosomal aberration testing using Dietary Exposure Food. EPA
the sulfates of iron (as opposed to the 0.5 milligrams/milliLiters (mg/mL) (the estimated dietary exposures for use of
citrate), it appears that ferric citrate is maximum dose), polyploidy was ferric citrate as an inert ingredient using
not acutely toxic via the oral route. In observed in 3% of the cells after 48 DEEM(tm), or Dietary Exposure
subchronic toxicity using mice, no hours and structural aberration was Evaluation Model, a generic screening
effects were noted at the maximum observed in 1% of the cells after 48 model that assumes that the inert
tolerated dose. In chronic toxicity hours; the investigators concluded that ingredient is used on all commodities
testing, no effects were seen at 1,200 these results were negative for and that 100 percent of crops are treated
parts per million (ppm). Ferric citrate chromosomal aberration. with the inert ingredient. Generic
has not been shown to be mutagenic or Chronic toxicity. In a study reported chronic exposure for the overall U.S.
carcinogenic. Finally, no developmental in the open literature, ferric citrate was population was estimated at 0.12 mg/kg/
and reproductive effects have been administered to mice in drinking water day.
shown. at doses of 0; 0.06; or 0.12% (which is 2. Drinking water exposure. Iron
Acute toxicity. No acute toxicity equivalent to 0; 600 or 1,200 ppm) for concentrations in groundwater have
studies per se were identified for ferric 96 weeks. No evidence of chronic been reported to range <0.5 to 100 mg/
citrate. In 2002 the Agency reassessed toxicity or carcinogenicity was L; higher values have been found in the
the tolerance exemptions for the mineral demonstrated in the study. absence of oxygen and in the presences
acids and their salts. Among the Developmental and reproductive of organic matter. In surface waters, iron
chemicals assessed were the iron toxicity. To determine if toxic fetal concentrations can vary widely, ranging
sulfates. Acute toxicity values included: serum iron levels are reached when from 61 to 2,680 milligrams/Liters (mg/
oral LD50 rat—1,487 to 2,102 maternal serum iron concentrations rise L).
milligrams/kilograms (mg/kg); oral LD50 above what the body can
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mice—1,520 mg/kg; and dermal LD50 homeostatically maintain, investigators V. Cumulative Effects
rabbit—2,000 mg/kg. The National dosed pregnant sheep with toxic doses Section 408(b)(2)(D)(v) of FFDCA
Academy of Sciences Institute of of iron. Specifically, four gravid ewes requires that, when considering whether
Medicine (IOM) discusses reports of were dosed with ferric chloride at 2 mg/ to establish, modify, or revoke a
acute toxicity resulting from overdoses kg/bw via intravenous administration tolerance, the Agency consider

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Federal Register / Vol. 73, No. 64 / Wednesday, April 2, 2008 / Rules and Regulations 17913

‘‘available information’’ concerning the response to a petition submitted to the to this final rule. In addition, this final
cumulative effects of a particular Agency. The Office of Management and rule does not impose any enforceable
pesticide’s residues and ‘‘other Budget (OMB) has exempted these types duty or contain any unfunded mandate
substances that have a common of actions from review under Executive as described under Title II of the
mechanism of toxicity.’’ Order 12866, entitled Regulatory Unfunded Mandates Reform Act of 1995
Unlike other pesticides for which EPA Planning and Review (58 FR 51735, (UMRA) (Public Law 104–4).
has followed a cumulative risk approach October 4, 1993). Because this final rule This action does not involve any
based on a common mechanism of has been exempted from review under technical standards that would require
toxicity, EPA has not made a common Executive Order 12866, this final rule is Agency consideration of voluntary
mechanism of toxicity finding as to not subject to Executive Order 13211, consensus standards pursuant to section
ferric citrate and any other substances Actions Concerning Regulations That 12(d) of the National Technology
and, this material does not appear to Significantly Affect Energy Supply, Transfer and Advancement Act of 1995
produce a toxic metabolite produced by Distribution, or Use (66 FR 28355, May (NTTAA), Public Law 104–113, section
other substances. For the purposes of 22, 2001) or Executive Order 13045, 12(d) (15 U.S.C. 272 note).
this tolerance action, therefore, EPA has entitled Protection of Children from
not assumed that ferric citrate has a Environmental Health Risks and Safety IX. Congressional Review Act
common mechanism of toxicity with Risks (62 FR 19885, April 23, 1997). The Congressional Review Act, 5
other substances. For information This final rule does not contain any U.S.C. 801 et seq., generally provides
regarding EPA’s efforts to determine information collections subject to OMB that before a rule may take effect, the
which chemicals have a common approval under the Paperwork agency promulgating the rule must
mechanism of toxicity and to evaluate Reduction Act (PRA), 44 U.S.C. 3501 et submit a rule report to each House of
the cumulative effects of such seq., nor does it require any special the Congress and to the Comptroller
chemicals, see the policy statements considerations under Executive Order General of the United States. EPA will
released by EPA’s Office of Pesticide 12898, entitled Federal Actions to submit a report containing this rule and
Programs concerning common Address Environmental Justice in other required information to the U.S.
mechanism determinations and Minority Populations and Low-Income Senate, the U.S. House of
procedures for cumulating effects from Populations (59 FR 7629, February 16, Representatives, and the Comptroller
substances found to have a common 1994). General of the United States prior to
mechanism on EPA’s website at http:// Since tolerances and exemptions that publication of this final rule in the
www.epa.gov/pesticides/cumulative/.
are established on the basis of a petition Federal Register. This final rule is not
VI. Determination of Safety for U.S. under section 408(d) of FFDCA, such as a ‘‘major rule’’ as defined by 5 U.S.C.
Population, Infants and Children the tolerance in this final rule, do not 804(2).
Based on the information in this require the issuance of a proposed rule,
the requirements of the Regulatory List of Subjects in 40 CFR Part 180
preamble, EPA concludes that there is a
reasonable certainty of no harm from Flexibility Act (RFA) (5 U.S.C. 601 et Environmental protection,
aggregate exposure to residues. seq.) do not apply. Administrative practice and procedure,
Accordingly, EPA finds that exempting This final rule directly regulates Agricultural commodities, Pesticides
from the requirement of a tolerance will growers, food processors, food handlers, and pests, Reporting and recordkeeping
be safe. and food retailers, not States or tribes, requirements.
nor does this action alter the
VII. Other Considerations relationships or distribution of power Dated: March 21, 2008.
A. Analytical Method and responsibilities established by Lois Rossi,
Congress in the preemption provisions Director, Registration Division, Office of
An analytical method is not required Pesticide Programs.
for enforcement purposes since the of section 408(n)(4) of FFDCA. As such,
Agency is establishing an exemption the Agency has determined that this ■Therefore, 40 CFR chapter I is
from the requirement of a tolerance action will not have a substantial direct amended as follows:
without any numerical limitation. effect on States or tribal governments,
on the relationship between the national PART 180—[AMENDED]
B. International Tolerances government and the States or tribal
The Agency is not aware of any governments, or on the distribution of ■ 1. The authority citation for part 180
country requiring a tolerance for ferric power and responsibilities among the continues to read as follows:
citrate (CAS Reg. No. 2338–05–8), nor various levels of government or between Authority: 21 U.S.C. 321(q), 346a and 371.
have any CODEX Maximum Residue the Federal Government and Indian ■ 2. In §180.910 the table is amended
Levels (MRLs) been established for any tribes. Thus, the Agency has determined by adding alphabetically the following
food crops at this time. that Executive Order 13132, entitled inert ingredient to read as follows:
Federalism (64 FR 43255, August 10,
VIII. Statutory and Executive Order 1999) and Executive Order 13175, § 180.910 Inert ingredients used pre- and
Reviews entitled Consultation and Coordination post-harvest; exemptions from the
This final rule establishes a tolerance with Indian Tribal Governments (65 FR requirement of a tolerance.
under section 408(d) of FFDCA in 67249, November 6, 2000) do not apply * * * * *

Inert ingredients Limits Uses


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* * * * * * *
Ferric Citrate (CAS Reg. No. 2338–05–8) ......................................................................... Stabilizer
* * * * * * *

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17914 Federal Register / Vol. 73, No. 64 / Wednesday, April 2, 2008 / Rules and Regulations

[FR Doc. E8–6818 Filed 4–1–08; 8:45 am] FOR FURTHER INFORMATION CONTACT: C. Can I File an Objection or Hearing
BILLING CODE 6560–50–S Susan Stanton, Registration Division Request?
(7505P), Office of Pesticide Programs, Under section 408(g) of FFDCA, any
Environmental Protection Agency, 1200 person may file an objection to any
ENVIRONMENTAL PROTECTION Pennsylvania Ave., NW., Washington, aspect of this regulation and may also
AGENCY DC 20460–0001; telephone number: request a hearing on those objections.
(703) 305–5218; e-mail address: You must file your objection or request
40 CFR Part 180 stanton.susan@epa.gov. a hearing on this regulation in
[EPA–HQ–OPP–2007–0325; FRL–8356–6] SUPPLEMENTARY INFORMATION: accordance with the instructions
provided in 40 CFR part 178. To ensure
Dicamba; Pesticide Tolerance I. General Information proper receipt by EPA, you must
AGENCY: Environmental Protection A. Does this Action Apply to Me? identify docket ID number EPA–HQ–
Agency (EPA). OPP–2007–0325 in the subject line on
You may be potentially affected by the first page of your submission. All
ACTION: Final rule.
this action if you are an agricultural requests must be in writing, and must be
SUMMARY: This regulation establishes producer, food manufacturer, or mailed or delivered to the Hearing Clerk
tolerances for combined residues of pesticide manufacturer. Potentially as required by 40 CFR part 178 on or
dicamba and its 5-hydroxy metabolite in affected entities may include, but are before June 2, 2008.
or on corn, sweet, forage; corn, sweet, not limited to those engaged in the In addition to filing an objection or
kernel plus cob with husks removed; following activities: hearing request with the Hearing Clerk
and corn, sweet, stover. Interregional • Crop production (NAICS code as described in 40 CFR part 178, please
Research Project Number 4 (IR-4) 111), e.g., agricultural workers; submit a copy of the filing that does not
requested these tolerances under the greenhouse, nursery, and floriculture contain any CBI for inclusion in the
Federal Food, Drug, and Cosmetic Act workers; farmers. public docket that is described in
(FFDCA). • Animal production (NAICS code ADDRESSES. Information not marked
DATES: This regulation is effective April 112), e.g., cattle ranchers and farmers, confidential pursuant to 40 CFR part 2
2, 2008. Objections and requests for dairy cattle farmers, livestock farmers. may be disclosed publicly by EPA
hearings must be received on or before • Food manufacturing (NAICS code without prior notice. Submit this copy,
June 2, 2008, and must be filed in 311), e.g., agricultural workers; farmers; identified by docket ID number EPA–
accordance with the instructions greenhouse, nursery, and floriculture HQ–OPP–2007–0325, by one of the
provided in 40 CFR part 178 (see also workers; ranchers; pesticide applicators. following methods:
Unit I.C. of the SUPPLEMENTARY • Pesticide manufacturing (NAICS • Federal eRulemaking Portal:
INFORMATION ). code 32532), e.g., agricultural workers; http://www.regulations.gov. Follow the
ADDRESSES: EPA has established a commercial applicators; farmers; on-line instructions for submitting
docket for this action under docket greenhouse, nursery, and floriculture comments.
identification (ID) number EPA–HQ– workers; residential users. • Mail: Office of Pesticide Programs
OPP–2007–0325. To access the This listing is not intended to be (OPP) Regulatory Public Docket (7502P),
electronic docket, go to http:// exhaustive, but rather to provide a guide Environmental Protection Agency, 1200
www.regulations.gov, select ‘‘Advanced for readers regarding entities likely to be Pennsylvania Ave., NW., Washington,
Search,’’ then ‘‘Docket Search.’’ Insert affected by this action. Other types of DC 20460–0001.
the docket ID number where indicated entities not listed in this unit could also • Delivery: OPP Regulatory Public
and select the ‘‘Submit’’ button. Follow be affected. The North American Docket (7502P), Environmental
the instructions on the regulations.gov Industrial Classification System Protection Agency, Rm. S–4400, One
website to view the docket index or (NAICS) codes have been provided to Potomac Yard (South Bldg.), 2777 S.
access available documents. All assist you and others in determining Crystal Dr., Arlington, VA. Deliveries
documents in the docket are listed in whether this action might apply to are only accepted during the Docket’s
the docket index available in certain entities. If you have any normal hours of operation (8:30 a.m. to
regulations.gov. Although listed in the questions regarding the applicability of 4 p.m., Monday through Friday,
index, some information is not publicly this action to a particular entity, consult excluding legal holidays). Special
available, e.g., Confidential Business the person listed under FOR FURTHER arrangements should be made for
Information (CBI) or other information INFORMATION CONTACT. deliveries of boxed information. The
whose disclosure is restricted by statute. Docket Facility telephone number is
B. How Can I Access Electronic Copies
Certain other material, such as (703) 305–5805.
of this Document?
copyrighted material, is not placed on
the Internet and will be publicly In addition to accessing an electronic II. Petition for Tolerance
available only in hard copy form. copy of this Federal Register document In the Federal Register of May 9, 2007
Publicly available docket materials are through the electronic docket at http:// (72 FR 26375) (FRL–8128–1), EPA
available in the electronic docket at www.regulations.gov, you may access issued a notice pursuant to section
http://www.regulations.gov, or, if only this Federal Register document 408(d)(3) of FFDCA, 21 U.S.C.
available in hard copy, at the OPP electronically through the EPA Internet 346a(d)(3), announcing the filing of a
Regulatory Public Docket in Rm. S– under the ‘‘Federal Register’’ listings at pesticide petition ((PP) 0E6209) by
4400, One Potomac Yard (South Bldg.), http://www.epa.gov/fedrgstr. You may Interregional Research Project Number 4
2777 S. Crystal Dr., Arlington, VA. The also access a frequently updated (IR-4), 500 College Road East, Suite 201
mstockstill on PROD1PC66 with RULES

Docket Facility is open from 8:30 a.m. electronic version of EPA’s tolerance W, Princeton, NJ 08540–6635. The
to 4 p.m., Monday through Friday, regulations at 40 CFR part 180 through petition requested that 40 CFR 180.227
excluding legal holidays. The Docket the Government Printing Office’s pilot be amended by establishing tolerances
Facility telephone number is (703) 305– e-CFR site at http://www.gpoaccess.gov/ for combined residues of the herbicide
5805. ecfr. dicamba, 3,6-dichloro-o-anisic acid, and

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