[Federal Register: December 20, 2006 (Volume 71, Number 244)]
[Rules and Regulations]
[Page 76180-76185]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20de06-16]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[EPA-HQ-OPP-2006-0177; FRL-8105-9]
Glyphosate; Pesticide Tolerance
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: This regulation establishes tolerances for residues of
glyphosate in or on sunflower; safflower; noni; pea, dry; and
vegetable, legume, group 6 except soybean, and pea, dry. The
[[Page 76181]]
Interregional Research Project Number 4 (IR-4) requested these
tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA), as
amended by the Food Quality Protection Act of 1996 (FQPA).
DATES: This regulation is effective December 20, 2006. Objections and
requests for hearings must be received on or before February 20, 2007,
and must be filed in accordance with the instructions provided in 40
CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).
ADDRESSES: EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPP-2006-0177. All documents in the
docket are listed in the index for the docket. 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 Building), 2777 S. Crystal Drive,
Arlington, VA. The Docket Facility is open from 8:30 a.m. to 4 p.m.,
Monday through Friday, excluding legal holidays. The Docket telephone
number is (703) 305-5805.
FOR FURTHER INFORMATION CONTACT: Shaja R. Brothers, Registration
Division (7505P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (703) 308-3194; e-mail address:
brothers.shaja@epa.gov.
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 111), e.g., agricultural workers;
greenhouse, nursery, and floriculture workers; farmers.
Animal production (NAICS 112), e.g., cattle ranchers and
farmers, dairy cattle farmers, livestock farmers.
Food manufacturing (NAICS 311), e.g., agricultural
workers; farmers; greenhouse, nursery, and floriculture workers;
ranchers; pesticide applicators.
Pesticide manufacturing (NAICS 32532), e.g., agricultural
workers; commercial applicators; farmers; greenhouse, nursery, and
floriculture workers; residential users.
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 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.
To access the OPPTS Harmonized Guidelines
referenced in this document, go directly to the guidelines at http://www.epa.gpo/opptsfrs/home/guidelin.htm
.
C. Can I File an Objection or Hearing Request?
Under section 408(g) of the FFDCA, as amended by the 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-2006-0177 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 20, 2007.
In addition to filing an objection or hearing request with the
Hearing Clerk as described in 40 CFR part 178, please submit a copy of
the filing that does not contain any CBI for inclusion in the public
docket that is described in ADDRESSES. Information not marked
confidential pursuant to 40 CFR part 2 may be disclosed publicly by EPA
without prior notice. Submit your copies, identified by docket ID
number EPA-HQ-OPP-2006-0177, 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
Building), 2777 S. Crystal Drive, 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 telephone number is (703) 305-5805.
II. Background and Statutory Findings
In the Federal Register of March 29, 2006 (71 FR 15734) (FRL-7766-
9), EPA issued a notice pursuant to section 408(d)(3) of FFDCA, 21
U.S.C. 346a(d)(3), announcing the filing of pesticide petitions (PP
4E6878 and 5E6987) by IR-4, 500 College Road East, Suite 201 W,
Princeton, NJ 08540. The petitions requested that 40 CFR 180.364 be
amended by establishing tolerances for residues of the herbicide
glyphosate, (N-phosphonomethyl)glycine, in or on sunflower and
safflower at 25 parts per million (ppm) (PP 4E6878); vegetable, legume,
group 6, except soybean at 8.0 ppm (5E6987); and mulberry, Indian at
0.2 ppm (5E6987). Following review of the residue chemistry data, EPA
determined that the commodities term and tolerance levels should be
revised to the following: Sunflower at 85 ppm; safflower at 85 ppm;
pea, dry at 8.0 ppm; vegetable, legume, group 6 except soybean and pea,
dry at 5.0 ppm; and noni at 0.20 ppm. This notice included a summary of
the petitions prepared by Monsanto, the registrant. There were no
comments received in response to the notice of filing.
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
[[Page 76182]]
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. . . .''
EPA performs a number of analyses to determine the risks from
aggregate exposure to pesticide residues. For further discussion of the
regulatory requirements of section 408 of the FFDCA and a complete
description of the risk assessment process, see http://www.epa.gov/fedrgstr/EPA-PEST/1997/November/Day-26/p30948.htm
.
III. Aggregate Risk Assessment and Determination of Safety
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. EPA has sufficient data to assess the hazards of and to
make a determination on aggregate exposure, consistent with section
408(b)(2) of FFDCA, for tolerances for residues of glyphosate on
sunflower at 85 ppm; safflower at 85 ppm; noni at 0.20 ppm; pea, dry at
8.0 ppm; and vegetable, legume, group 6 except soybean and pea, dry at
5.0 ppm. EPA's assessment of exposures and risks associated with
establishing these tolerances follow.
A. Toxicological Profile
EPA has evaluated the available toxicity data and considered its
validity, completeness, and reliability as well as the relationship of
the results of the studies 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. Specific information on the studies received and the nature
of the toxic effects caused by glyphosate as well as the no-observed-
adverse-effect-level (NOAEL) and the lowest-observed-adverse-effect-
level (LOAEL) from the toxicity studies can be found at
http://www.regulations.gov. Docket ID EPA-HQ-OPP-2006-0177, Glyphosate Indian
Mulberry and Dry Pea Human Health Risk Assessment, pages 10-11, and
Glyphosate Safflower and Sunflower Human Health Risk Assessment, pages
12-14.
To locate this information on the Regulations.gov website follow
these steps:
1. Select ``Advanced Search,'' then ``Docket Search''
2. In the ``Keyword'' field type the chemical name or insert the
applicable ``Docket ID number.'' (example: EPA-HQ-OPP-2006-0177).
3 Click the ``Submit'' button.
Follow the instructions on the regulations.gov website to view the
index for the docket and access available documents.
B. Toxicological Endpoints
For hazards that have a threshold below which there is no
appreciable risk, the dose at which the NOAEL from the toxicology study
identified as appropriate for use in risk assessment is used to
estimate the toxicological level of concern (LOC). However, the lowest
dose at which the LOAEL is sometimes used for risk assessment if no
NOAEL was achieved in the toxicology study selected. An uncertainty
factor (UF) is applied to reflect uncertainties inherent in the
extrapolation from laboratory animal data to humans and in the
variations in sensitivity among members of the human population as well
as other unknowns.
The linear default risk methodology (Q*) is the primary method
currently used by the Agency to quantify non-threshold hazards such as
cancer. The Q* approach assumes that any amount of exposure will lead
to some degree of cancer risk, estimates risk in terms of the
probability of occurrence of additional cancer cases. More information
can be found on the general principles EPA uses in risk
characterization at http://www.epa.gov/pesticides/health/human.htm.
A summary of the toxicological endpoints for glyphosate used for
human risk assessment can be found at http://www.regulations.gov, Docket ID
EPA-HQ-OPP-2006-0177, Glyphosate Indian Mulberry and Dry Pea Human
Health Risk Assessment, pages 16-17, and Glyphosate Safflower and
Sunflower Human Health Risk Assessment, pages 18-19.
C. Exposure Assessment
1. Dietary exposure from food and feed uses. Tolerances have been
established 40 CFR 180.364 for the residues of glyphosate, in or on a
variety of raw agricultural commodities. Additionally tolerances are
established for meat, milk, poultry and egg. Risk assessments were
conducted by EPA to assess dietary exposures from glyphosate in food as
follows:
i. Acute exposure. No acute effects were identified in the
toxicological studies for glyphosate, therefore a quantitative acute
dietary exposure assessment is not necessary.
ii. Chronic exposure. In conducting the chronic dietary exposure
assessment EPA used the Dietary Exposure Evaluation Model software with
the Food Commodity Intake Database (DEEM-FCID\TM\), which incorporates
food consumption data as reported by respondents in the United States
Department of Agriculture (USDA) 1994-1996 and 1998 Nationwide
Continuing Surveys of Food Intake by Individuals (CSFII), and
accumulated exposure to the chemical for each commodity. The following
assumptions were made for the chronic exposure assessment: The Tier 1
chronic dietary analysis for glyphosate is a conservative estimate of
dietary exposure that used tolerance level residues and 100% percent
crop treated (PCT).
iii. Cancer. Glyphosate is classified as a not likely human
carcinogen, so a cancer dietary exposure analysis is not necessary.
2. Dietary exposure from drinking water.The Agency lacks sufficient
monitoring exposure data to complete a comprehensive dietary exposure
analysis and risk assessment for glyphosate in drinking water. Because
the Agency does not have comprehensive monitoring data, drinking water
concentration estimates are made by reliance on simulation or modeling
taking into account data on the physical characteristics of glyphosate.
Further information regarding EPA drinking water models used in
pesticide exposure assessment can be found at http://www.epa.gov/oppefed1/models/index.htm
.
Glyphosate is registered for aquatic use to control weeds in water
bodies. Therefore, the Agency estimated the concentration in surface
water resulting from direct application to a water body 6 feet deep.
This estimate is based on a dilution model that does not take into
account degradation in the water body and partitioning into the water
column-sediment phases. The estimate considered a single broadcast
application at the maximum application rate of 3.75 lb of glyphosate
free acid per acre. Based on a maximum total application rate of 3.75
pounds of glyphosate free acid per acre, the estimated concentration
for use in the drinking water assessment is 230 g/L parts per billion
(ppb).
Based on the generic expected environmental concentration (GENEEC)
and screening concentration in groundwater (SCI-GROW) models, the
[[Page 76183]]
estimated environmental concentrations (EECs) of glyphosate for acute
exposures are estimated to be 21 ppb for surface water and 0.0038 ppb
for ground water. The EECs for chronic exposures are estimated to be
0.83 ppb for surface water and 0.0038 ppb for ground water, based on
glyphosate treatment in crops.
3. From non-dietary exposure. The term ``residential exposure'' is
used in this document to refer to non-occupational, non-dietary
exposure (e.g., for lawn and garden pest control, indoor pest control,
termiticides, and flea and tick control on pets).
Glyphosate is currently registered for use on broadcast and spot
treatments on home lawns and gardens. Glyphosate, isopropylamine salt
is registered for broadcast and spot treatments on home lawns and
gardens. Glyphosate products for homeowner use are packaged as ready-
to-mix formulations and ready-to-use sprayers and are very common in
home and garden stores in the U.S. Glyphosate products are also used by
lawn care operators for broadcast and spot treatment weed control
programs on homeowner lawns. Glyphosate products are also labeled for
turf renovation.
The risk assessment was conducted using the following residential
exposure assumptions: Based on the registered residential use patterns,
there is a potential for short-term dermal and inhalation exposures to
homeowners who apply products containing glyphosate (residential
handlers). Additionally, based on the results of environmental fate
studies, there is a potential for short and intermediate-term post-
application dermal exposures by adults and toddlers and incidental
ingestion exposures by toddlers. However, since short or intermediate-
term dermal or inhalation endpoints were not identified, no residential
handler or post-application dermal assessment is necessary; only a
post-application toddler assessment for incidental ingestion exposures
was performed.
4. Cumulative effects from substances with a common mechanism of
toxicity. Section 408(b)(2)(D)(v) of the 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.''
Unlike other pesticides for which EPA has followed a cumulative
risk approach based on a common mechanism of toxicity, EPA has not made
a common mechanism of toxicity finding as to glyphosate and any other
substances and glyphosate does not appear to produce a toxic metabolite
produced by other substances. For the purposes of this tolerance
action, therefore, EPA has not assumed that glyphosate has a common
mechanism of toxicity with other substances. 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
the policy statements released by EPA's Office of Pesticide Programs
concerning common mechanism determinations and procedures for
cumulating effects from substances found to have a common mechanism on
EPA's website at http://www.epa.gov/pesticides/cumulative.
D. Safety Factor for Infants and Children
1. In general. Section 408 of FFDCA 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 on toxicity and exposure
unless EPA determines based on reliable data that a different margin of
safety will be safe for infants and children. Margins of safety are
incorporated into EPA risk assessments either directly through use of a
MOE analysis or through using uncertainty (safety) factors in
calculating a dose level that poses no appreciable risk to humans. In
applying this provision, EPA either retains the default value of 10X
when reliable data do not support the choice of a different factor, or,
if reliable data are available, EPA uses a different additional safety
factor value based on the use of traditional UFs and/or special FQPA
safety factors, as appropriate.
2. Prenatal and postnatal sensitivity. Based on the available data,
there was no evidence of quantitative or qualitative increased
susceptibility following in utero glyphosate exposure to rats and
rabbits, or following prenatal/postnatal exposure in the 2-generation
reproduction study in rats. A developmental neurotoxicity study was not
required.
3. Conclusion. EPA has determined that reliable data show that it
would be safe for infants and children to reduce the FQPA safety factor
to 1X. That decision is based on the following findings:
There is no evidence of quantitative or qualitative increased
susceptibility of the young demonstrated in the prenatal developmental
studies in rats and rabbits and prenatal/postnatal reproduction study
in rats ii. the toxicology data base is complete iii. a developmental
neurotoxicity study is not required; and iv. the dietary (food,
drinking water, and residential) exposure assessments will not
underestimate the potential exposures for infants and children.
E. Aggregate Risks and Determination of Safety
1. Acute risk. There were no toxic effects attributable to a single
dose. An endpoint of concern was not identified to quantitate an acute-
dietary risk to the U.S. general population or to the subpopulation
females 13-50 years old. Therefore, glyphosate is not expected to pose
an acute risk.
2. Chronic risk. Using the exposure assumptions described in this
unit for chronic exposure, EPA has concluded that exposure to
glyphosate from food and water will utilize 2% of the chronic
population adjusted dose (cPAD) for the U.S. population, 7% of the cPAD
for all infants < 1 year old, and 5% of the cPAD for children 1-2 years
old. Based on the use pattern, chronic residential exposure to residues
of glyphosate is not expected.
3. Short-term and Intermediate-term risk. Short term and
Intermediate term aggregate exposures take into account residential
exposure plus chronic exposure to food and water (considered to be a
background exposure level). Glyphosate is currently registered for uses
that could result in short and intermediate term residential exposures.
Since the incidental oral ingestion exposure estimates for toddlers
from residential turf exposures exceeded the incidental oral exposure
estimates from post-application swimmer exposures, the Agency conducted
this risk assessment using exposure estimates from the worst-case
situation. No attempt was made to combine exposures from the swimmer
and residential turf scenarios due to the low probability of both
occurring concurrently.
Using the exposure assumptions described in this unit for short-
term exposures, EPA has concluded that food and residential exposures
aggregated result in aggregate MOEs of 1,400 for children 1-2 years old
(the most highly exposed population subgroup), and 4,610 for adults 20-
49 years old.
4. Aggregate cancer risk for U.S. population. Glyphosate has been
classified by the Cancer Peer Review Committee as ``a Group E''
chemical- negative as a human carcinogen - based on the absence of
carcinogenicity in mice and rats. Therefore, a cancer risk assessment
was not conducted.
[[Page 76184]]
5. Determination of safety. Based on these risk assessments, EPA
concludes that there is a reasonable certainty that no harm will result
to the general population, and to infants and children from aggregate
exposure to glyphosate residues.
IV. Other Considerations
A. Analytical Enforcement Methodology
Adequate enforcement methods are available for analysis of residues
of glyphosate in or on plant and livestock commodities. These methods
include Gas Liquid Chromatography (GLC) (Method I in Pesticides
Analytical Manual II; the limit of detection is 0.05 ppm) and high-
performance liquid chromatography (HPLC) with fluorometric detection.
These analytical methods are adequate for residue data collection and
enforcement of the proposed tolerances of glyphosate in/on noni and dry
peas. The method may be requested from: Chief, Analytical Chemistry
Branch, Environmental Science Center, 701 Mapes Rd., Ft. Meade, MD
20755-5350; telephone number: (410) 305-905; e-mail address:
residuemethods@epa.gov.
B. International Residue Limits
The Codex Alimentarius Commission has established several maximum
residue limits (MRLs) for glyphosate residues in various commodities.
The Codex and U.S. tolerances are in harmony with respect to MRL/
tolerance expression; both regulate the parent glyphosate only. The
proposed tolerance of 8.0 ppm in dry peas exceeds the existing Codex
MRL of 5.0 ppm. This discrepancy is not expected to result in a trade
barrier, however, because the United States accounts for only about 5%
of world dry production and is not expected to be a significant
exporter of this commodity. There are currently no Codex Maximum
Residue Limits for residues of glyphosate on safflower, sunflower, or
noni; therefore, there are no international harmonization issues
associated with these commodities.
V. Conclusion
Therefore, the tolerances are established for residues of
glyphosate, (N-phosphonomethyl)glycine, in or on sunflower at 85 ppm;
safflower at 85 ppm; noni at 0.20 ppm; pea, dry at 8.0 ppm; and
vegetable, legume, group 6 except soybean and pea,dry at 5.0 ppm.
VI. Statutory and Executive Order Reviews
This final rule establishes a tolerance under section 408(d) of
FFDCA in response to a petition submitted to the Agency. The Office of
Management and Budget (OMB) has exempted these types of actions from
review under Executive Order 12866, entitled Regulatory Planning and
Review (58 FR 51735, October 4, 1993). Because this rule has been
exempted from review under Executive Order 12866 due to its lack of
significance, this rule is not subject to Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use (66 FR 28355, May 22, 2001). This final rule does
not contain any information collections subject to OMB approval under
the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et seq., or impose
any enforceable duty or contain any unfunded mandate as described under
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) (Public Law
104-4). Nor does it require any special considerations under Executive
Order 12898, entitled Federal Actions to Address Environmental Justice
in Minority Populations and Low-Income Populations (59 FR 7629,
February 16, 1994); or OMB review or any Agency action under Executive
Order 13045, entitled Protection of Children from Environmental Health
Risks and Safety Risks (62 FR 19885, April 23, 1997). This action does
not involve any technical standards that would require Agency
consideration of voluntary consensus standards pursuant to section
12(d) of the National Technology Transfer and Advancement Act of 1995
(NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272 note). 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. In addition, the Agency has determined that this
action will not have a substantial direct effect on States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government, as specified in Executive Order 13132, entitled Federalism
(64 FR 43255, August 10, 1999). Executive Order 13132 requires EPA to
develop an accountable process to ensure ``meaningful and timely input
by State and local officials in the development of regulatory policies
that have federalism implications.'' ``Policies that have federalism
implications'' is defined in the Executive Order to include regulations
that have ``substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government.'' This final rule directly regulates growers, food
processors, food handlers and food retailers, not States. This action
does not alter the relationships or distribution of power and
responsibilities established by Congress in the preemption provisions
of section 408(n)(4) of FFDCA. For these same reasons, the Agency has
determined that this rule does not have any ``tribal implications'' as
described in Executive Order 13175, entitled Consultation and
Coordination with Indian Tribal Governments (65 FR 67249, November 6,
2000). Executive Order 13175, requires EPA to develop an accountable
process to ensure ``meaningful and timely input by tribal officials in
the development of regulatory policies that have tribal implications.''
``Policies that have tribal implications'' is defined in the Executive
Order to include regulations that have ``substantial direct effects on
one or more Indian tribes, on the relationship between the Federal
Government and the Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.''
This rule will not have substantial direct effects on tribal
governments, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes, as specified in
Executive Order 13175. Thus, Executive Order 13175 does not apply to
this rule.
VII. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
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
[[Page 76185]]
and pests, Reporting and recordkeeping requirements.
Dated: December 6, 2006.
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.
0
2. Section 180.364 is amended by alphabetically adding commodities to
the table in paragraph (a) to read as follows:
Sec. 180.364 Glyphosate; tolerances for residues.
(a) * * *
------------------------------------------------------------------------
Commodity Parts per million
------------------------------------------------------------------------
* * * * *
Noni................................................. 0.20
* * * * *
Pea, dry............................................. 8.0
* * * * *
Safflower............................................ 85
* * * * *
Sunflower............................................ 85
* * * * *
Vegetable, legume, group 6 except soybean and pea,dry 5.0
* * * * *
------------------------------------------------------------------------
(b) Section 18 emergency exemptions. [Reserved]
(c) Tolerances with regional registrations. [Reserved]
(d) Indirect or inadvertent residues. [Reserved]
[FR Doc. E6-21490 Filed 12-19-06; 8:45 am]
BILLING CODE 6560-50-S