[Federal Register Volume 72, Number 243 (Wednesday, December 19, 2007)]
[Rules and Regulations]
[Pages 71798-71802]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-24345]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2007-1057; FRL-8339-2]


Extension of Tolerances for Emergency Exemptions (Multiple 
Chemicals)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation extends time-limited tolerances for the 
pesticides listed in Unit II. of the SUPPLEMENTARY INFORMATION. These 
actions are in response to EPA's granting of emergency exemptions under 
section 18 of the Federal Insecticide, Fungicide, and Rodenticide Act 
(FIFRA) authorizing use of these pesticides. Section 408(l)(6) of the 
Federal Food, Drug, and Cosmetic Act (FFDCA) requires EPA to establish 
a time-limited tolerance or exemption from the requirement for a 
tolerance for pesticide chemical residues in food that will result from 
the use of a pesticide under an emergency exemption granted by EPA.

DATES: This regulation is effective December 19, 2007. Objections and 
requests for hearings must be received on or before February 19, 2008, 
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-2007-1057. To access the 
electronic docket, go to http://www.regulations.go, 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 either in the electronic docket at http://www.regulations.gov, or, if only available in hard copy, at the Office 
of Pesticide Programs (OPP) Regulatory Public Docket in Rm. S-4400, One 
Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The 
hours of operation of this Docket Facility are 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:  See the table in this unit for the 
name of a specific contact person. The following information applies to 
all contact persons: Emergency Response Team, Registration Division 
(7505P), Office of Pesticide Programs, Environmental Protection Agency, 
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001

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         Pesticide/CFR Citation                   Contact Person
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Bifenazate, 180.572                       Andrea Conrath
Thiabendazole, 180.242..................  [email protected]
Thiophanate-methyl, 180.371.............  (703) 308-9356
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Chlorothalonil, 180.275                   Stacey Groce
Myclobutanil, 180.443...................  [email protected]
Thiophanate-methyl, 180.371.............  (703) 305-2505
------------------------------------------------------------------------

[[Page 71799]]

 
Hexythiazox, 180.448                      Andrew Ertman
Sulfentrazone, 180.498..................  [email protected]
Zeta-cypermethrin, 180.418..............  (703) 308-9367
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Mesotrione, 180.571                       Libby Pemberton
Tebuconazole, 180.474...................  [email protected]
                                          (703) 308-9364
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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. To determine 
whether you or your business may be affected by this action, you should 
carefully examine the applicability provisions discussed above. 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 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 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-2007-1057 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 February 19, 2008.
    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-2007-1057, 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 (703) 305-5805.

II. Background and Statutory Findings

    EPA published final rules in the Federal Register for each 
pesticide listed. The initial issuance of these final rules announced 
that EPA, on its own initiative, under section 408 of FFDCA, 21 U.S.C. 
346a, as amended by the Food Quality Protection Act of 1996 (FQPA) 
(Public Law 104-170), was establishing time-limited tolerances.
    EPA established the tolerances because section 408(l)(6) of FFDCA 
requires EPA to establish a time-limited tolerance or exemption from 
the requirement for a tolerance for pesticide chemical residues in food 
that will result from the use of a pesticide under an emergency 
exemption granted by EPA under FIFRA section 18. Such tolerances can be 
established without providing notice or time for public comment.
    EPA received requests to extend the use of these pesticide 
chemicals for this year's growing season. After having reviewed these 
submissions, EPA concurs that emergency conditions exist. EPA assessed 
the potential risks presented by residues for each chemical. In doing 
so, EPA considered the safety standard in section 408(b)(2) of FFDCA, 
and decided that the necessary tolerances under section 408(l)(6) of 
FFDCA would be consistent with the safety standard and with FIFRA 
section 18.
    The data and other relevant material have been evaluated and 
discussed in the final rules originally published to support these 
uses. Based on that data and information considered, the Agency 
reaffirms that extension of these time-limited tolerances will continue 
to meet the requirements of section 408(l)(6) of FFDCA. Therefore, the 
time-limited tolerances are extended until the dates listed. EPA will 
publish a document in the Federal Register to remove the revoked 
tolerances from the Code of Federal Regulations (CFR). Although these 
tolerances will expire and are revoked on the date listed, under 
section 408(l)(5) of FFDCA, residues of the pesticide not in excess of 
the amounts specified in the tolerances remaining in or on the 
commodities after that date will not be unlawful, provided the residues 
are present as a result of an application or use of a pesticide at a 
time and in a manner that was lawful under FIFRA, the tolerances were 
in place at the time of the application, and the residues do not exceed 
the levels that were authorized by the tolerances. EPA will take action

[[Page 71800]]

to revoke these tolerances earlier if any experience with, scientific 
data on, or other relevant information on these pesticides indicate 
that the residues are not safe
    Tolerances for the use of the following pesticide chemicals on 
specific commodities are being extended:
    1. Bifenazate. EPA has authorized under FIFRA section 18 the use of 
bifenazate on Timothy grass for control of Banks grass mite in Nevada. 
This regulation extends time-limited tolerances for combined residues 
of the miticide bifenazate (1-methylethyl 2-(4-methoxy[1,1'-biphenyl]-
3-yl)hydrazinecarboxylate) and its metabolite, diazinecarboxylic acid 
(2-(4-methoxy-[1,1'-biphenyl]-3-yl, 1-methylethyl ester) in or on 
Timothy forage at 50 parts per million (ppm) and Timothy hay at 150 ppm 
for an additional 3-year period. These tolerances will expire and are 
revoked on December 31, 2010. The document establishing time-limited 
tolerances originally published in the Federal Register of January 28, 
2005 (70 FR 4032) (FRL-7696-2).
    2. Chlorothalonil. EPA has authorized under FIFRA section 18 the 
use of chlorothalonil on ginseng for control of botrytis leaf, stem, 
and flower blight in Michigan and Wisconsin. This regulation extends a 
time-limited tolerance for combined residues of the fungicide 
chlorothalonil and its metabolite 4-hydroxy-2,5,6-
trichloroisophthalonitrile in or on ginseng, root at 0.1 ppm for an 
additional 1-year period. This tolerance will expire and is revoked on 
December 31, 2008. A time-limited tolerance was originally published in 
the Federal Register of December 12, 1997 (62 FR 65369) (FRL-5759-5).
    3. Hexythiazox. EPA has authorized under FIFRA section 18 the use 
of hexythiazox on field corn for control of spider mites in Texas. This 
regulation extends time-limited tolerances for combined residues of the 
miticide hexythiazox (trans-5-(4-chlorophenyl)-N-cyclohexyl-4-methyl-2-
oxothiazolidine-3-carboxamide) and its metabolites containing the (4-
chlorophenyl)-4-methyl-2-oxo-3-thiazolidine moiety in or on corn, 
field, grain at 0.05 ppm; and corn, field, forage and corn, field, 
stover at 2.0 ppm for an additional 3-year period. These tolerances 
will expire and are revoked on December 31, 2010. The document 
establishing time-limited tolerances originally published in the 
Federal Register of November 10, 2004 (69 FR 65073) (FRL-7684-2).
    4. Mesotrione. EPA has authorized under FIFRA section 18 the use of 
mesotrione on cranberry for control of broadleaf weeds in Oregon, 
Washington, and Wisconsin. This regulation extends a time-limited 
tolerance for residues of the herbicide mesotrione (2-[4-
(methylsulfonyl)-2-nitrobenzoyl]-1,3-cyclohexanedione) in or on 
cranberry at 0.01 ppm for an additional 3-year period. This tolerance 
will expire and is revoked on December 31, 2010. A time-limited 
tolerance was originally published in the Federal Register of September 
30, 2004 (69 FR 58304) (FRL-7678-8).
    5. Myclobutanil. EPA has authorized under FIFRA section 18 the use 
of myclobutanil on artichokes for control of powdery mildew in 
California. This regulation extends a time-limited tolerance for 
combined residues of the fungicide myclobutanil (alpha-butyl-alpha-(4-
chlorophenyl)-1H-1,2,4-triazole-1-propanenitrile) and its alcohol 
metabolite (alpha-(3-hydroxybutyl)-alpha-(4-chlorophenyl)-1H-1,2,4-
triazole-1-propanenitrile (free and bound)), in or on artichoke, globe 
at 1.0 ppm for an additional 2-year period. This tolerance will expire 
and is revoked on December 31, 2009. A time-limited tolerance was 
originally published in the Federal Register of September 16, 1998 (63 
FR 49472) (FRL-6025-1).
    6. Myclobutanil. EPA has authorized under FIFRA section 18 the use 
of myclobutanil on peppers for control of powdery mildew in California 
and New Mexico. This regulation extends a time-limited tolerance for 
combined residues of the fungicide myclobutanil (alpha-butyl-alpha-(4-
chlorophenyl)-1H-1,2,4-triazole-1-propanenitrile) and its alcohol 
metabolite (alpha-(3-hydroxybutyl)-alpha-(4-chlorophenyl)-1H-1,2,4-
triazole-1-propanenitrile (free and bound)), in or on peppers at 1.0 
ppm for an additional 1.5 -year period. This tolerance will expire and 
is revoked on December 31, 2009. A time-limited tolerance was 
originally published in the Federal Register of September 16, 1998 (63 
FR 49472) (FRL-6025-1).
    7. Sulfentrazone. EPA has authorized under FIFRA section 18 the use 
of sulfentrazone on flax for control of Kochia in North Dakota. This 
regulation extends a time-limited tolerance for combined residues of 
the herbicide sulfentrazone, N-[2,4-dichloro-5-[4-(difluoromethyl)-4,5-
dihydro-3-methyl-5-oxo-1H-1,2,4-triazol-1-yl]phenyl] methanesulfonamide 
and its metabolites 3-hydroxymethyl sulfentrazone (HMS) and 3-desmethyl 
sulfentrazone (DMS) in or on flax, seed at 0.2 ppm for an additional 3-
year period. This tolerance will expire and is revoked on December 31, 
2010. A time-limited tolerance was originally published in the Federal 
Register of August 21, 2002 (67 FR 54111) (FRL-7191-5).
    8. Sulfentrazone. EPA has authorized under FIFRA section 18 the use 
of sulfentrazone on strawberry for control of various broadleaf weeds 
in Iowa, Michigan, Ohio, Oregon, Washington, and Wisconsin. This 
regulation extends a time-limited tolerance for combined residues of 
the herbicide sulfentrazone, N-[2,4-dichloro-5-[4-(difluoromethyl)-4,5-
dihydro-3-methyl-5-oxo-1H-1,2,4-triazol-1-yl]phenyl] methanesulfonamide 
and its metabolites 3-hydroxymethyl sulfentrazone (HMS) and 3-desmethyl 
sulfentrazone (DMS) in or on strawberry at 0.60 ppm for an additional 
3-year period. This tolerance will expire and is revoked on December 
31, 2010. A time-limited tolerance was originally published in the 
Federal Register of August 1, 2001 (66 FR 39651) (FRL-6793-1).
    9. Tebuconazole. EPA has authorized under FIFRA section 18 the use 
of tebuconazole (alpha-[2-(4-chlorophenyl)-ethyl]-alpha-(1,1-
dimethylethyl)-1H-1,2,4-triazole-1-ethanol) on garlic for control of 
garlic rust in California. This regulation extends a time-limited 
tolerance for residues of the fungicide tebuconazole (alpha-[2-(4-
chlorophenyl)-ethyl]-alpha-(1,1-dimethylethyl)-1H-1,2,4-triazole-1-
ethanol) in or on garlic at 0.1 ppm for an additional 1-year period. 
This tolerance will expire and is revoked on December 31, 2008. A time-
limited tolerance was originally published in the Federal Register of 
May 26, 1999 (64 FR 28377) (FRL-6079-1).
    10. Thiabendazole. EPA has authorized under FIFRA section 18 the 
use of thiabendazole on lentils for control of Ascochyta blight in 
Idaho, Montana, North Dakota, Oregon, and Washington. This regulation 
extends a time-limited tolerance for residues of the fungicide 
thiabendazole in or on lentil, seed at 0.1 ppm for an additional 1-year 
period. This tolerance will expire and is revoked on December 31, 2008. 
A time-limited tolerance was originally published in the Federal 
Register of February 25, 1998 (63 FR 9435) (FRL-5767-6).
    11. Thiophanate-methyl. EPA has authorized under FIFRA section 18 
the use of thiophanate-methyl on cotton for control of fusarium 
hardlock in Florida. This regulation extends time-limited tolerances 
for combined residues of the fungicide thiophanate-methyl and its 
metabolite methyl 2-benzimidazoyl carbamate (MBC) in or on cotton, 
undelinted seed at 0.05 ppm and cotton, gin byproducts at 5.0 ppm for 
an additional 1 -year period. These

[[Page 71801]]

tolerances will expire and are revoked on December 31, 2008. The 
document establishing time-limited tolerances originally published in 
the Federal Register of March 23, 2005 (70 FR 14551) (FRL-7699-3).
    12. Thiophanate-methyl. EPA has authorized under FIFRA section 18 
the use of thiophanate-methyl on mushrooms for control of green mold in 
California, Colorado, Delaware, Maryland, Oregon, Pennsylvania, and 
Washington. This regulation extends a time-limited tolerance for 
combined residues of the fungicide thiophanate-methyl and its 
metabolite methyl 2-benzimidazoyl carbamate (MBC) in or on mushroom at 
0.01 ppm for an additional 1-year period. This tolerance will expire 
and is revoked on December 31, 2008. A time-limited tolerance was 
originally published in the Federal Register of February 5, 2003 (68 FR 
5847) (FRL-7285-9).
    13. Zeta-cypermethrin. EPA has authorized under FIFRA section 18 
the use of zeta-cypermethrin on flax for control of grasshoppers in 
North Dakota. This regulation extends time-limited tolerances for 
combined residues of the insecticide zeta-cypermethrin (S-cyano(3-
phenoxyphenyl) methyl ())(cis-trans3-(2,2-dichloroethenyl)-
2,2 dimethylcyclopropanecarboxylate and its inactive R-isomers in or on 
flax, meal and flax, seed, each at 0.2 ppm for an additional 3-year 
period. These tolerances will expire and are revoked on December 31, 
2010. The document establishing time-limited tolerances originally 
published in the Federal Register of September 4, 2002 (67 FR 56490) 
(FRL-7197-7).

III. Statutory and Executive Order Reviews

    This final rule establishes tolerances under section 408(d) of 
FFDCA in response to petitions 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 rule has been 
exempted from review under Executive Order 12866, 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) 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 tolerances 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 6, 2000) do not apply to this rule. In addition, this 
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).

IV. 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: December 6, 2007.
Donald R. Stubbs,
Acting Director, Registration Division, 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.


Sec.  180.242  [Amended]

    2. In Sec.  180.242, in the table to paragraph (b), amend the entry 
for lentil, seed by removing the expiration date ``12/31/07'' and 
adding in its place ``12/31/08.''


Sec.  180.275  [Amended]

    3. In Sec.  180.275, in the table to paragraph (b), amend the entry 
for ginseng by removing the expiration date ``12/31/07'' and adding in 
its place ``12/31/08.''


Sec.  180.371  [Amended]

    4. In Sec.  180.371, in the table to paragraph (b), amend the 
entries for cotton, undelinted seed; cotton, gin products; and mushroom 
by removing the expiration date ``12/31/07'' and adding in its place 
``12/31/08.''


Sec.  180.418  [Amended]

    5. In Sec.  180.418, in the table to paragraph (b), amend the 
entries for flax, meal and flax, seed by removing the expiration date 
``6/30/08'' and adding in its place ``12/31/10.''


Sec.  180.443  [Amended]

    6. In Sec.  180.443, in the table to paragraph (b), amend the entry 
for artichoke, globe by removing the expiration date ``12/31/07'' and 
adding in its place ``12/31/09''; and amend the entry for pepper by 
removing the expiration date ``6/30/08'' and adding in its place ``12/
31/09.''


Sec.  180.448  [Amended]

    7. In Sec.  180.448, in the table to paragraph (b), amend the 
entries for corn, field, grain; corn, field, forage; and corn, field, 
stover by removing the expiration date ``12/31/07'' and adding in its 
place ``12/31/10.''

[[Page 71802]]

Sec.  180.474  [Amended]

    8. In Sec.  180.474, in the table to paragraph (b), amend the entry 
for garlic by removing the expiration date ``12/31/07'' and adding in 
its place ``12/31/08.''


Sec.  180.498  [Amended]

    9. In Sec.  180.498, in the table to paragraph (b), amend the 
entries for flax, seed and strawberry by removing the expiration date 
``12/31/07'' and adding in its place ``12/31/10.''


Sec.  180.571  [Amended]

    10. In Sec.  180.571, in the table to paragraph (b), amend the 
entry for cranberry by removing the expiration date ``12/31/07'' and 
adding in its place ``12/31/10.''


Sec.  180.572  [Amended]

    11. In Sec.  180.572, in the table to paragraph (b), amend the 
entries for Timothy, forage and Timothy, hay by removing the expiration 
date ``12/31/07'' and adding in its place ``12/31/10.''
[FR Doc. E7-24345 Filed 12-18-07; 8:45 am]
BILLING CODE 6560-50-S