[Federal Register Volume 74, Number 144 (Wednesday, July 29, 2009)]
[Rules and Regulations]
[Pages 37621-37623]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-17940]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2005-0477; FRL-8422-2]


Dichlormid; Time-Limited Pesticide Tolerances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: This regulation extends time-limited tolerances for residues 
of dichlormid in or on field corn (forage, grain, stover); pop corn 
(grain, stover); and sweet corn (forage, kernel plus cob with husks 
removed, stover). DowAgroSciences LLC requested these tolerances under 
the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the 
Food Quality Protection Act of 1996 (FQPA). The time-limited tolerances 
expired on December 31, 2008.

DATES: This regulation is effective July 29, 2009. Objections and 
requests for hearings must be received on or before September 28, 2009, 
and must be filed in accordance with the instructions provided in 40 
CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

ADDRESSES: EPA has established a docket for this action under docket 
identification (ID) number EPA-HQ-OPP-2005-0477. All documents in the 
docket are listed in the docket index available at http://www.regulations.gov. Although listed in the index, some information is 
not publicly available, e.g., Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. Certain 
other material, such as copyrighted material, is not placed on the 
Internet and will be publicly available only in hard copy form. 
Publicly available docket materials are available in the electronic 
docket at http://www.regulations.gov, or, if only available in hard 
copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac 
Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The Docket 
Facility is open from 8:30 a.m. to 4 p.m., Monday through Friday, 
excluding legal holidays. The Docket

[[Page 37622]]

Facility telephone number is (703) 305-5805.

FOR FURTHER INFORMATION CONTACT: Keri Grinstead, Registration Division 
(7505P), Office of Pesticide Programs, Environmental Protection Agency, 
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone 
number: (703) 308-8373; e-mail address: [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you are an 
agricultural producer, food manufacturer, or pesticide manufacturer. 
Potentially affected entities may include, but are not limited to:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).
    This listing is not intended to be exhaustive, but rather provides 
a guide for readers regarding entities likely to be affected by this 
action. Other types of entities not listed in this unit could also be 
affected. The North American Industrial Classification System (NAICS) 
codes have been provided to assist you and others in determining 
whether this action might apply to certain entities. If you have any 
questions regarding the applicability of this action to a particular 
entity, consult the person listed under FOR FURTHER INFORMATION 
CONTACT.

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

    In addition to accessing electronically available documents at 
http://www.regulations.gov, you may access this Federal Register 
document electronically through the EPA Internet under the ``Federal 
Register'' listings at http://www.epa.gov/fedrgstr. You may also access 
a frequently updated electronic version of 40 CFR part 180 through the 
Government Printing Office's e-CFR cite at http://www.gpoaccess.gov/ecfr.

C. Can I File an Objection or Hearing Request?

    Under section 408(g) of FFDCA, 21 U.S.C. 346a, any person may file 
an objection to any aspect of this regulation and may also request a 
hearing on those objections. The EPA procedural regulations which 
govern the submission of objections and requests for hearings appear in 
40 CFR part 178. You must file your objection or request a hearing on 
this regulation in accordance with the instructions provided in 40 CFR 
part 178. To ensure proper receipt by EPA, you must identify docket ID 
number EPA-HQ-OPP-2005-0477 in the subject line on the first page of 
your submission. All requests must be in writing, and must be mailed or 
delivered to the Hearing Clerk on or before September 28, 2009.
    In addition to filing an objection or hearing request with the 
Hearing Clerk as described in 40 CFR part 178, please submit a copy of 
the filing that does not contain any CBI for inclusion in the public 
docket that is described in ADDRESSES. Information not marked 
confidential pursuant to 40 CFR part 2 may be disclosed publicly by EPA 
without prior notice. Submit your copies, identified by docket ID 
number EPA-HQ-OPP-2005-0477, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public 
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania 
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P), 
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South 
Bldg., 2777 S. Crystal Dr., Arlington, VA. Deliveries are only accepted 
during the Docket Facility's normal hours of operation (8:30 a.m. to 4 
p.m., Monday through Friday, excluding legal holidays). Special 
arrangements should be made for deliveries of boxed information. The 
Docket Facility telephone number is (703) 305-5805.

II. Petition for Tolerances

    In the Federal Register of March 4, 2009 (74 FR 9397) (FRL-8401-8), 
EPA issued a notice pursuant to section 408(d)(3) of FFDCA, 21 U.S.C. 
346a(d)(3), announcing the filing of a pesticide petition (PP 9E7517) 
by DowAgroSciences LLC, 9930 Zionsville Road, Indianapolis, IN 46268. 
The petition requested that 40 CFR 180.469 be amended by extending the 
expiration date of the time-limited tolerances for residues of the 
herbicide safener dichlormid; (acetamide, 2,2-dichloro-N,N-di-2-
propenyl-)-)(CAS Reg. No. 37764-25-3) in or on field corn (forage, 
grain, stover), pop corn (grain, stover), and sweet corn (forage, 
kernel plus cob with husks removed, stover) at 0.05 part per million 
(ppm) to December 31, 2010. That notice referenced a summary of the 
petition prepared by DowAgroSciences LLC, the petitioner, which is 
available to the public in the docket, http://www.regulations.gov. 
There were no substantive comments received in response to the notice 
of filing.

III. Aggregate Risk Assessment and Determination of Safety

    Section 408(b)(2)(A)(i) of FFDCA allows EPA to establish a 
tolerance (the legal limit for a pesticide chemical residue in or on a 
food) only if EPA determines that the tolerance is ``safe.'' Section 
408(b)(2)(A)(ii) of FFDCA defines ``safe'' to mean that ``there is a 
reasonable certainty that no harm will result from aggregate exposure 
to the pesticide chemical residue, including all anticipated dietary 
exposures and all other exposures for which there is reliable 
information.'' This includes exposure through drinking water and in 
residential settings, but does not include occupational exposure. 
Section 408(b)(2)(C) of FFDCA requires EPA to give special 
consideration to exposure of infants and children to the pesticide 
chemical residue in establishing a tolerance and to ``ensure that there 
is a reasonable certainty that no harm will result to infants and 
children from aggregate exposure to the pesticide chemical 
residue....''
    Consistent with the factors specified in FFDCA section 
408(b)(2)(D), EPA has reviewed the available scientific data and other 
relevant information in support of this action. EPA has sufficient data 
to assess the hazards of and to make a determination on aggregate 
exposure for the petitioned-for tolerances for residues of dichlormid; 
(acetamide, 2,2-dichloro-N,N-di-2-propenyl-)-)(CAS Reg. No. 37764-25-3) 
in or on field corn (forage, grain, stover), pop corn (grain, stover), 
and sweet corn (forage, kernel plus cob with husks removed, stover) at 
0.05 ppm. EPA's assessment of exposures and risks associated with re-
establishing these tolerances follows.
    In a Final Rule published in the Federal Register on March 27, 2000 
(65 FR 16143) (FRL-6498-7), EPA established time-limited tolerances 
under 40 CFR 180.469 for residues of dichlormid in or on field corn 
(forage, grain, stover), and pop corn (grain, stover) at 0.05 ppm. On 
September 30, 2004, EPA published a final rule (69 FR 58285) (FRL-7680-
8) amending 40 CFR 180.469 by establishing time-limited tolerances for 
residues of dichlormid in or on sweet corn (forage, kernel plus cob 
with husks removed, stover) at 0.05 ppm. In a Final Rule published in 
the Federal Register on December 28, 2005 (70 FR 76697) (FRL-7753-9), 
the Agency extended the 40 CFR 180.469 time-limited tolerances for 
residues of

[[Page 37623]]

dichlormid in or on field corn (forage, grain, stover), pop corn 
(grain, stover), and sweet corn (forage, kernel plus cob with husks 
removed, stover) at 0.05 ppm to December 31, 2008.
    In June 2008 the Agency received additional information from the 
petitioner addressing the adequacy of the residue chemistry and 
toxicology databases to support permanent tolerances. In order to allow 
time for the Agency to review this additional information, the current 
time-limited tolerances in 40 CFR 180.469 for residues of dichlormid on 
field corn (forage, grain, stover), pop corn (grain, stover), and sweet 
corn (forage, kernel plus cob with husks removed, stover) at 0.05 ppm 
are being extended to December 31, 2010. EPA concluded in the Final 
Rules listed above in this Unit, for the field, pop, and sweet corn 
time-limited tolerances that all risks were below the Agency's level of 
concern and there was a reasonable certainty that no harm would result 
to the general population and to infants and children from aggregate 
exposure to residues of dichlormid on corn. Based on the data and 
information considered, the Agency reaffirms that adequate information 
for the extension of the time-limited tolerances will continue to meet 
the requirements of section 408(b)(2)(A)(i) of FFDCA and that extending 
the tolerances will not change the estimated aggregate risks resulting 
from the use of dichlormid, as discussed in Final Rules of March 27, 
2000 (65 FR 16143) (FRL-6498-7) and September 30, 2004, (69 FR 58285) 
(FRL-7680-8). Refer to the above listed Federal Register documents for 
a detailed discussion of the aggregate risk assessments and 
determination of safety. EPA relies upon those risk assessments and the 
findings made in the Federal Register documents in support of this 
action.
    Based on this information, EPA concludes that there is a reasonable 
certainty that no harm will result to the general population, or to 
infants and children from aggregate exposure to dichlormid residues.

IV. Conclusion

    Therefore, the expiration/revocation dates of the time-limited 
tolerances under 40 CFR 180.469 are extended to December 31, 2010 for 
residues of dichlormid; (acetamide, 2,2-dichloro-N,N-di-2-propenyl-
)(CAS Reg. No. 37764-25-3) in or on field corn (forage, grain, stover), 
pop corn (grain, stover), and sweet corn (forage, kernel plus cob with 
husks removed, stover) at 0.05 ppm.

V. Statutory and Executive Order Reviews

    This final rule establishes tolerances under section 408(d) of 
FFDCA in response to a petition submitted to the Agency. The Office of 
Management and Budget (OMB) has exempted these types of actions from 
review under Executive Order 12866, entitled Regulatory Planning and 
Review (58 FR 51735, October 4, 1993). Because this final rule has been 
exempted from review under Executive Order 12866, this final rule is 
not subject to Executive Order 13211, entitled Actions Concerning 
Regulations That Significantly Affect Energy Supply, Distribution, or 
Use (66 FR 28355, May 22, 2001) or Executive Order 13045, entitled 
Protection of Children from Environmental Health Risks and Safety Risks 
(62 FR 19885, April 23, 1997). This final rule does not contain any 
information collections subject to OMB approval under the Paperwork 
Reduction Act (PRA), 44 U.S.C. 3501 et seq., nor does it require any 
special considerations under Executive Order 12898, entitled Federal 
Actions to Address Environmental Justice in Minority Populations and 
Low-Income Populations (59 FR 7629, February 16, 1994).
    Since tolerances and exemptions that are established on the basis 
of a petition under section 408(d) of FFDCA, such as the tolerance in 
this final rule, do not require the issuance of a proposed rule, the 
requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et 
seq.) do not apply.
    This final rule directly regulates growers, food processors, food 
handlers, and food retailers, not States or tribes, nor does this 
action alter the relationships or distribution of power and 
responsibilities established by Congress in the preemption provisions 
of section 408(n)(4) of FFDCA. As such, the Agency has determined that 
this action will not have a substantial direct effect on States or 
tribal governments, on the relationship between the national government 
and the States or tribal governments, or on the distribution of power 
and responsibilities among the various levels of government or between 
the Federal Government and Indian tribes. Thus, the Agency has 
determined that Executive Order 13132, entitled Federalism (64 FR 
43255, August 10, 1999) and Executive Order 13175, entitled 
Consultation and Coordination with Indian Tribal Governments (65 FR 
67249, November 9, 2000) do not apply to this final rule. In addition, 
this final rule does not impose any enforceable duty or contain any 
unfunded mandate as described under Title II of the Unfunded Mandates 
Reform Act of 1995 (UMRA) (Public Law 104-4).
    This action does not involve any technical standards that would 
require Agency consideration of voluntary consensus standards pursuant 
to section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272 
note).

VI. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report to each House of the Congress and to 
the Comptroller General of the United States. EPA will submit a report 
containing this rule and other required information to the U.S. Senate, 
the U.S. House of Representatives, and the Comptroller General of the 
United States prior to publication of this final rule in the Federal 
Register. This final rule is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

List of Subjects in 40 CFR Part 180

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

    Dated: July 20, 2009.
G. Jeffrey Herndon,
Director, Registration Division, Office of Pesticide Programs.

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.  180.469  [Amended]

0
2. Section 180.469 is amended by revising the Expiration/revocation 
dates ``12/31/08'' for all commodity entries in the table in paragraph 
(a) to read ``12/31/2010''.

[FR Doc. E9-17940 Filed 7-28-09; 8:45 am]
BILLING CODE 6560-50-S