[Federal Register: March 11, 2009 (Volume 74, Number 46)]
[Rules and Regulations]
[Page 10490-10494]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11mr09-17]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[EPA-HQ-OPP-2007-0301; FRL-8402-6]
Chlorimuron-ethyl; Pesticide Tolerances
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: This regulation establishes a tolerance for residues of
chlorimuron-ethyl in or on berry, low growing, except strawberry,
subgroup 13-07H. Interregional Research Project Number 4 (IR-4)
requested this tolerance under the Federal Food, Drug, and Cosmetic Act
(FFDCA).
DATES: This regulation is effective March 11, 2009. Objections and
requests for hearings must be received on or before May 11, 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-2007-0301. All documents in the
docket are listed in the docket index available at http://
www.regulations.gov. Although listed in the index, some information is
not publicly available, e.g., Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute. Certain
other material, such as copyrighted material, is not placed on the
Internet and will be publicly available only in hard copy form.
Publicly available docket materials are available in the electronic
docket at http://www.regulations.gov, or, if only available in hard
copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac
Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The Docket
Facility is open from 8:30 a.m. to 4 p.m., Monday through Friday,
excluding legal holidays. The Docket Facility telephone number is (703)
305-5805.
FOR FURTHER INFORMATION CONTACT: Susan Stanton, Registration Division
(7505P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone
number: (703) 305-5218; e-mail address: stanton.susan@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 those
engaged in the following activities:
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 to
provide 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 EPA's tolerance regulations
at 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. 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-2007-0301 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 as required by 40 CFR part 178
on or before May 11, 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 this copy, identified by docket ID number
EPA-HQ-OPP-2007-0301, 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 Tolerance
In the Federal Register of June 27, 2007 (72 FR 35237) (FRL-8133-
4), EPA issued a notice pursuant to section 408(d)(3) of FFDCA, 21
U.S.C. 346a(d)(3), announcing the filing of a pesticide petition (PP
6E7153) by Interregional Research Project Number 4 (IR-4), 500 College
Road East, Suite 201 W., Princeton, NJ 08540-6635. The petition
requested that 40 CFR 180.429 be amended by establishing tolerances for
residues of the herbicide chlorimuron-ethyl, ethyl 2-[[[[(4-chloro-6-
methoxypyrimidin-2yl) amino]carbonyl]sulfonyl]benzoate], in or on
cranberry; bearberry; bilberry; lowbush berry; cloudberry; lingonberry;
muntries; and partridgeberry, each at 0.02 parts per million (ppm).
That notice referenced a summary of the petition prepared by E.I. du
Pont de Nemours and Company, the registrant, on behalf of IR-4, which
is available to the public in the docket, http://www.regulations.gov.
There were no comments received in response to the notice of filing.
EPA has determined that a tolerance of 0.02 ppm on berry, low
growing, except strawberry, subgroup 13-07H is
[[Page 10491]]
appropriate in lieu of the proposed individual tolerances on berry
commodities. The reason for this change is explained in Unit IV.C.
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 section 408(b)(2)(D) of FFDCA, and the factors
specified in 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 for the petitioned-for
tolerances for residues of chlorimuron-ethyl on berry, low growing,
except strawberry, subgroup 13-07H at 0.02 ppm. EPA's assessment of
exposures and risks associated with establishing tolerances follows.
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.
Chlorimuron-ethyl has low or minimal acute toxicity via the oral,
dermal and inhalation routes of exposure. It is mildly irritating to
the eye and non-irritating to the skin; it is not a skin sensitizer.
In subchronic toxicity studies with chlorimuron-ethyl, no adverse
effects were observed up to the limit dose tested in mice; decreased
body weight gain and liver pathology (margination of hepatocyte
cytoplasmic content in the centrilobular areas) were observed in rats
(males only); and mild hemolytic anemia, atrophy of the thymus and
prostate and increased liver weights were seen in dogs. Chronic
exposure of dogs to chlorimuron-ethyl also led to mild anemia
(decreased erythrocyte count, hematocrit, and hemoglobin
concentration), but atrophy of the thymus and prostate were not seen.
In rats, treatment-related effects observed were limited to decreased
body weight and body weight gain in both sexes after long-term
exposure. Prostatitis (males) and fatty replacement in the pancreas
(both sexes) were also observed but considered incidental occurrences;
and biliary hyperplasia/fibrosis seen in females was attributed to
aging. In mice, there were no treatment-related effects observed up to
the highest dose tested (216 milligrams/kilograms/day (mg/kg/day)).
There were no treatment-related increases in tumors in rat and mouse
carcinogenicity studies after exposure to chlorimuron-ethyl.
Chlorimuron-ethyl is classified as ``Not Likely to be Carcinogenic to
Humans.''
In the developmental toxicity studies, decreases in maternal body
weight gain and delayed ossification in fetuses were observed in rats
at the same dose (150 mg/kg/day). In rabbits, decreases in maternal
body weight gain were seen at 300 mg/kg/day, while delayed ossification
was seen in fetuses at a lower dose of 48 mg/kg/day, indicating
increased quantitative susceptibility. In a guideline 2-generation
reproduction study in rats, decreased body weight and histopathology in
the cerebellum (cellular changes in the internal granular and external
germinal layers) were seen in pups at 177 mg/kg/day. These effects were
seen in the absence of maternal toxicity, indicating potential
increased quantitative susceptibility of the pups to chlorimuron-ethyl.
However, these effects were not associated with any neurotoxicity or
neurobehavioral changes and not observed in other reproduction studies
in rats. In a non-guideline reproduction toxicity study (1-generation)
in rats, decreased body weight (females) and liver histopathology
(males) were seen in parental animals at 173 mg/kg/day, along with
decreases in litter weights. In another reproduction study (1-year
interim sacrifice) in rats, decreases in maternal and pup body weights
were observed at 195 mg/kg/day.
There is no indication of neurotoxicity in the toxicity database
for chlorimuron-ethyl. In a 2-generation reproduction study in rats,
histopathological alterations were seen in the cerebellum (cellular
changes in the internal granular and external germinal layers) of F2
pups at 177 mg/kg/day; however, these findings were not associated with
any neurobehavioral changes or any indications of neurotoxicity. In
addition, these histopathological alterations were not observed in two
other reproduction studies, and there was no evidence of neurotoxicity
observed in other rat toxicity studies or toxicity studies in other
species (rabbits, mice, or dogs).
Hematological changes (indicative of mild anemia) and atrophy of
the thymus were observed in dogs after subchronic exposure. However,
atrophy of the thymus was not associated with any histopathology and
not seen after chronic exposure. No other potential immunotoxic effects
were observed in the toxicology database.
Specific information on the studies received and the nature of the
adverse effects caused by chlorimuron-ethyl 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 in document Chlorimuron-ethyl: Human Health Risk
Assessment for Proposed Uses on Cranberry and Low-growing Berry
Subgroup 13-07H, except Strawberry, PP# 6E7153, page 36 in docket ID
number EPA-HQ-OPP-2007-0301.
B. Toxicological Endpoints
For hazards that have a threshold below which there is no
appreciable risk, a toxicological point of departure (POD) is
identified as the basis for derivation of reference values for risk
assessment. The POD may be defined as the NOAEL in the toxicology study
identified as appropriate for use in risk assessment. However, if a
NOAEL cannot be determined, the LOAEL or a Benchmark Dose (BMD)
approach is sometimes used for risk assessment. Uncertainty/safety
factors (UFs) are used in conjunction with the POD to take into account
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. Safety is assessed for
acute and chronic dietary risks by comparing aggregate food and water
exposure to the pesticide to the acute population adjusted dose (aPAD)
and chronic population adjusted dose (cPAD). The aPAD and cPAD are
calculated by dividing the POD by all applicable UFs. Aggregate short-
term, intermediate-term, and chronic-term risks are evaluated by
comparing food, water, and residential exposure to the
[[Page 10492]]
POD to ensure that the margin of exposure (MOE) called for by the
product of all applicable UFs is not exceeded. This latter value is
referred to as the Level of Concern (LOC).
For non-threshold risks, the Agency assumes that any amount of
exposure will lead to some degree of risk. Thus, the Agency estimates
risk in terms of the probability of an occurrence of the adverse effect
greater than that expected in a lifetime. For more information on the
general principles EPA uses in risk characterization and a complete
description of the risk assessment process, see http://www.epa.gov/
pesticides/factsheets/riskassess.htm.
A summary of the toxicological endpoints for chlorimuron-ethyl used
for human risk assessment can be found at http://www.regulations.gov in
document Chlorimuron-ethyl: Human Health Risk Assessment for Proposed
Uses on Cranberry and Low-growing Berry Subgroup 13-07H, except
Strawberry, PP# 6E7153, page 16 in docket ID number EPA-HQ-OPP-2007-
0301.
C. Exposure Assessment
1. Dietary exposure from food and feed uses. In evaluating dietary
exposure to chlorimuron-ethyl, EPA considered exposure under the
petitioned-for tolerance as well as all existing chlorimuron-ethyl
tolerances in 40 CFR 180.429. EPA assessed dietary exposures from
chlorimuron-ethyl in food as follows:
i. Acute exposure. Quantitative acute dietary exposure and risk
assessments are performed for a food-use pesticide, if a toxicological
study has indicated the possibility of an effect of concern occurring
as a result of a 1-day or single exposure. No such effects were
identified in the toxicological studies for chlorimuron-ethyl;
therefore, a quantitative acute dietary exposure assessment is
unnecessary.
ii. Chronic exposure. In conducting the chronic dietary exposure
assessment EPA used the food consumption data from the United States
Department of Agriculture (USDA) 1994-1996 and 1998 Continuing Surveys
of Food Intakes by Individuals (CSFII). As to residue levels in food,
EPA assumed tolerance-level residues and 100 percent crop treated (PCT)
for all existing and new uses of chlorimuron-ethyl.
iii. Cancer. Based on the results of carcinogenicity studies in
rats and mice, EPA classified chlorimuron-ethyl as ``Not Likely to be
Carcinogenic to Humans.'' Therefore, an exposure assessment for
evaluating cancer risk is not needed for this chemical.
2. Dietary exposure from drinking water. The Agency used screening
level water exposure models in the dietary exposure analysis and risk
assessment for chlorimuron-ethyl in drinking water. These simulation
models take into account data on the physical, chemical, and fate/
transport characteristics of chlorimuron-ethyl. Further information
regarding EPA drinking water models used in pesticide exposure
assessment can be found at http://www.epa.gov/oppefed1/models/water/
index.htm.
Based on the First Index Reservoir Screening Tool (FIRST) and
Screening Concentration in Ground Water (SCI-GROW) models, the
estimated drinking water concentrations (EDWCs) of chlorimuron-ethyl
for chronic exposures for non-cancer assessments are estimated to be
2.4 parts per billion (ppb) for surface water and 1.76 ppb for ground
water.
Modeled estimates of drinking water concentrations were directly
entered into the dietary exposure model. For chronic dietary risk
assessment, the only dietary exposure scenario for which a
toxicological endpoint of concern was identified, the water
concentration value of 2.4 ppb was used to assess the contribution to
chlorimuron-ethyl dietary exposure from drinking water.
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). Chlorimuron-ethyl is
not registered for any specific use patterns that would result in
residential exposure.
4. Cumulative effects from substances with a common mechanism of
toxicity. Section 408(b)(2)(D)(v) of FFDCA requires that, when
considering whether to establish, modify, or revoke a tolerance, the
Agency consider ``available information'' concerning the cumulative
effects of a particular pesticide's residues and ``other substances
that have a common mechanism of toxicity.''
EPA has not found chlorimuron-ethyl to share a common mechanism of
toxicity with any other substances, and chlorimuron-ethyl does not
appear to produce a toxic metabolite produced by other substances. For
the purposes of this tolerance action, therefore, EPA has assumed that
chlorimuron-ethyl does not have 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 EPA's website at http://
www.epa.gov/pesticides/cumulative.
D. Safety Factor for Infants and Children
1. In general. Section 408(b)(2)(c) of FFDCA provides that EPA
shall apply an additional tenfold (10X) 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 database on toxicity
and exposure unless EPA determines based on reliable data that a
different margin of safety will be safe for infants and children. This
additional margin of safety is commonly referred to as the FQPA safety
factor (SF). In applying this provision, EPA either retains the default
value of 10X, or uses a different additional safety factor when
reliable data available to EPA support the choice of a different
factor.
2. Prenatal and postnatal sensitivity. The prenatal and postnatal
toxicity database for chlorimuron-ethyl includes guideline rat and
rabbit developmental toxicity studies and a 2-generation reproduction
toxicity study in rats, as well as two additional non-guideline
reproduction studies in rats (a 1-generation study and 1-year interim
sacrifice study). No evidence of increased prenatal or postnatal
susceptibility was seen in the developmental toxicity study in rats or
in the non-guideline reproduction toxicity studies in rats. In the
rabbit developmental study, delayed ossification was observed in
fetuses at 48 mg/kg/day, while maternal effects (decreased body weight
gain) were seen at 300 mg/kg/day, suggesting increased quantitative
susceptibility of fetuses. In the 2-generation rat reproduction study,
decreased body weight and histopathology findings in the cerebellum
were observed in pups at 177/214 mg/kg/day (male/female) in the absence
of maternal toxicity, also suggesting increased quantitative
susceptibility of the pups.
Although the data suggest increased quantitative susceptibility in
the developmental rabbit study and the 2-generation rat reproduction
study, there are no residual uncertainties with regard to prenatal
toxicity following in utero exposure of rats or rabbits or prenatal
and/or postnatal exposures of rats. The fetal effect seen in rabbits
was limited to delayed ossification, and, although effects
(histopathology in the cerebellum) were seen in a rat reproduction
study, there was no evidence of increased susceptibility observed in
two additional reproduction studies in rats. Additionally, there are
clear NOAELs for the offspring effects
[[Page 10493]]
seen in rabbits (NOAEL=13 mg/kg/day) and rats (17 mg/kg/day). Finally,
the NOAEL (9 mg/kg/day) used to establish the cRfD of 0.09 mg/kg/day is
considered protective of potential developmental effects observed at
the higher doses. Considering the overall toxicity database and doses
selected for risk assessment, the degree of concern for the effects
observed in the studies is low.
3. Conclusion. EPA has determined that reliable data show the
safety of infants and children would be adequately protected if the
FQPA SF were reduced to 1X. That decision is based on the following
findings:
i. The toxicity database for chlorimuron-ethyl is adequate to
characterize potential prenatal and postnatal risk for infants and
children. Acceptable/guideline studies for developmental toxicity in
rats and rabbits and reproduction toxicity in rats are available for
FQPA assessment.
On December 26, 2007 EPA began requiring functional immunotoxicity
testing and acute and subchronic neurotoxicity testing of all food and
non-food use pesticides. Since these requirements went into effect
after the tolerance petition was submitted, these studies are not yet
available for chlorimuron-ethyl. In the absence of specific
immunotoxicity and neurotoxicity studies, EPA has evaluated the
available chlorimuron-ethyl toxicity data and determined that an
additional uncertainty factor is not required to account for potential
neurotoxicity or immunotoxicity. The reasons for this determination are
explained below:
a. Hematological changes (indicative of mild anemia) and atrophy of
the thymus were observed in dogs following subchronic exposure to
chlorimuron-ethyl at a dose of 45.8/42.7 (M/F) mg/kg/day, indicating
potential immunotoxicity. However, atrophy of the thymus was not
associated with any histopathology and was not seen after chronic
exposure; and no other potential immunotoxic effects were observed in
the toxicology database. Therefore, EPA does not believe that
conducting immunotoxicity testing will result in a NOAEL less than the
NOAEL of 9 mg/kg/day already established for chlorimuron-ethyl, and an
additional factor for database uncertainties (UFDB) is not needed to
account for potential immunotoxicity.
b. There is no indication in the toxicity database that
chlorimuron-ethyl is a neurotoxic chemical, and there is no need for a
developmental neurotoxicity study or additional UFs to account for
neurotoxicity.
ii. Although there is evidence of increased quantitative
susceptibility in the developmental rabbit study and the 2-generation
rat reproduction study, the degree of concern for the effects observed
in the studies is low, and there are no residual uncertainties with
regard to prenatal toxicity following in utero exposure of rats or
rabbits or prenatal and/or postnatal exposures of rats.
iii. There are no residual uncertainties identified in the exposure
databases. The dietary food exposure assessments were performed based
on the assumptions of 100 PCT and tolerance-level residues. EPA made
conservative (protective) assumptions in the ground and surface water
modeling used to assess exposure to chlorimuron-ethyl in drinking
water. Residential exposure to chlorimuron-ethyl is not expected. These
assessments will not underestimate the exposure and risks posed by
chlorimuron-ethyl.
E. Aggregate Risks and Determination of Safety
EPA determines whether acute and chronic pesticide exposures are
safe by comparing aggregate exposure estimates to the aPAD and cPAD.
The aPAD and cPAD represent the highest safe exposures, taking into
account all appropriate SFs. EPA calculates the aPAD and cPAD by
dividing the POD by all applicable UFs. For linear cancer risks, EPA
calculates the probability of additional cancer cases given the
estimated aggregate exposure. Short-term, intermediate-term, and
chronic-term risks are evaluated by comparing the estimated aggregate
food, water, and residential exposure to the POD to ensure that the MOE
called for by the product of all applicable UFs is not exceeded.
1. Acute risk. An acute aggregate risk assessment takes into
account exposure estimates from acute dietary consumption of food and
drinking water. No adverse effect resulting from a single-oral exposure
was identified and no acute dietary endpoint was selected. Therefore,
chlorimuron-ethyl 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 chronic exposure to
chlorimuron-ethyl from food and water will utilize less than 1% of the
cPAD for the general population and all population subgroups, including
infants and children. There are no residential uses for chlorimuron-
ethyl.
3. Short-term and intermediate-term risk. Short-term and
intermediate-term aggregate exposure take into account short-term and
intermediate-term residential exposure plus chronic exposure to food
and water (considered to be a background exposure level). Chlorimuron-
ethyl is not registered for any use patterns that would result in
residential exposure. Therefore, the short-term/intermediate-term
aggregate risk is the sum of the risk from exposure to chlorimuron-
ethyl through food and water and will not be greater than the chronic
aggregate risk.
4. Aggregate cancer risk for U.S. population. EPA has classified
chlorimuron-ethyl into the category ``Not Likely to be Carcinogenic to
Humans''. Chlorimuron-ethyl is not expected to pose a cancer risk.
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, or to infants and children from aggregate
exposure to chlorimuron-ethyl residues.
IV. Other Considerations
A. Analytical Enforcement Methodology
Adequate enforcement methodology (a high performance liquid
chromotography (HPLC) photoconductivity method) is available to enforce
the tolerance expression. The method may be requested from: Chief,
Analytical Chemistry Branch, Environmental Science Center, 701 Mapes
Rd., Ft. Meade, MD 20755-5350; telephone number: (410) 305-2905; e-mail
address: residuemethods@epa.gov.
B. International Residue Limits
There are no established or proposed Canadian, Mexican or Codex
MRLs for residues of chlorimuron-ethyl on berry commodities.
C. Revisions to Petitioned-For Tolerances
IR-4 petitioned for individual tolerances on bearberry, bilberry,
lowbush berry, cloudberry, cranberry, lingonberry, muntries and
partridgeberry. In the Federal Register of December 7, 2007 (72 FR
69150) (FRL-8340-6), EPA issued a final rule that revised the crop
grouping regulations. As part of this action, EPA expanded and revised
berries group 13. Changes to crop group 13 included adding new
commodities, revising existing subgroups and creating new subgroups
(including a low growing berry, except strawberry, subgroup (13-07H)
consisting of the commodities requested in this petition and cultivars,
varieties, and/or hybrids of these). EPA indicated in the December 7,
2007 final rule as well as the earlier May 23, 2007 proposed rule (72
FR 28920) that, for
[[Page 10494]]
existing petitions for which a Notice of Filing had been published, the
Agency would attempt to conform these petitions to the rule. Therefore,
consistent with this rule, EPA is establishing a tolerance on low
growing berry, except strawberry, subgroup 13-07H. EPA concludes it is
reasonable to establish the tolerance on the newly created subgroup,
since the individual commodities for which tolerances were requested
are identical to those which comprise low growing berry, except
strawberry, subgroup 13-07H.
V. Conclusion
Therefore, a tolerance is established for residues of chlorimuron-
ethyl, ethyl 2-[[[[(4-chloro-6-methoxypyrimidin-2yl)
amino]carbonyl]sulfonyl]benzoate], in or on berry, low growing, except
strawberry, subgroup 13-07H at 0.02 ppm.
VI. 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).
VII. 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: February 24, 2009.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.
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Therefore, 40 CFR chapter I is amended as follows:
PART 180--[AMENDED]
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1. The authority citation for part 180 continues to read as follows:
Authority: 21 U.S.C. 321(q), 346a and 371.
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2. Section 180.429 is revised to read as follows:
Sec. 180.429 Chlorimuron ethyl; tolerances for residues.
(a) General. Tolerances are established for residues of the
herbicide chlorimuron ethyl, ethyl 2-[[[[(4-chloro-6-methoxypyrimidin-
2yl) amino]carbonyl]sulfonyl]benzoate], in or on the following raw
agricultural commodities:
------------------------------------------------------------------------
Commodity Parts per million
------------------------------------------------------------------------
Berry, low growing, except strawberry, subgroup 13- 0.02
07H.................................................
Peanut............................................... 0.02
Soybean.............................................. 0.05
------------------------------------------------------------------------
(b) Section 18 emergency exemptions. [Reserved]
(c) Tolerances with regional registrations. [Reserved]
(d) Indirect or inadvertent residues. [Reserved]
[FR Doc. E9-5192 Filed 3-10-09; 8:45 am]
BILLING CODE 6560-50-S