[Federal Register: March 5, 2008 (Volume 73, Number 44)]
[Rules and Regulations]
[Page 11816-11820]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05mr08-4]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[EPA-HQ-OPP-2007-0555; FRL-8350-8]
Acetic acid, [(5-chloro-8-quinolinyl) oxy]-, 1-methylhexyl ester
(Cloquintocet-mexyl); Pesticide Tolerance
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is amending 40 CFR 180.560 to add a reference to the
active ingredient pyroxsulam to the tolerance for the inert ingredient
cloquintocet-mexyl (acetic acid [(5-chloro-8-quinolinyl) oxy]-, 1-
methylhexyl ester; CAS Reg. No. 99607-70-2) and its acid metabolite (5-
chloro-8-quinolinoxyacetic acid). EPA is also revising existing
tolerance levels for cloquintocet-mexyl in or on wheat, forage and
wheat, hay, and is removing the specification of a 1:4 ratio inert
ingredient safener to active ingredient from the tolerance expression.
Dow AgroSciences, LLC and Syngenta Crop Protection requested the
tolerance amendments for the inert ingredient safener cloquintocet-
mexyl under the Federal Food, Drug, and Cosmetic Act (FFDCA).
DATES: This regulation is effective March 5, 2008. Objections and
requests for hearings must be received on or before May 5, 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-2007-0555. To access the
electronic docket, go to http://www.regulations.gov, 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
[[Page 11817]]
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: R. Tracy Ward, Registration Division
(7505P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone
number: (703) 308-9361; e-mail address: ward.tracyh@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), e.g., agricultural
workers; greenhouse, nursery, and floriculture workers; farmers.
Animal production (NAICS code 112), e.g., cattle ranchers
and farmers, dairy cattle farmers, livestock farmers.
Food manufacturing (NAICS code 311), e.g., agricultural
workers; farmers; greenhouse, nursery, and floriculture workers;
ranchers; pesticide applicators.
Pesticide manufacturing (NAICS code 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 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 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 EPA's tolerance regulations at
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, 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-2007-0555 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 5, 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 this copy, identified by docket ID number
EPA-HQ-OPP-2007-0555, 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 has received several petitions requesting amendments to the
existing tolerances for the inert ingredient (safener) cloquintocet-
mexyl (acetic acid [(5-chloro-8-quinolinyl) oxy]-, 1-methylhexyl ester;
CAS Reg. No. 99607-70-2). The most recent final rule that established
tolerances for this safener was published in the Federal Register of
December 16, 2005 (70 FR 74679) (FRL-7753-4). That final rule provides
a description of the toxicity data and risk assessments for
cloquintocet-mexyl, and the reader is referred to it for additional
information. The new petitions received by the Agency are summarized
below.
In the Federal Register of May 9, 2007 (72 FR 26375) (FRL-8121-5),
the Agency issued a notice pursuant to section 408 of the FFDCA, 21
U.S.C. 346a announcing the filing of pesticide petition PP 7E7194 by
Dow AgroScience, LLC, 9330 Zionsville Rd, Indianapolis, Indiana 46268-
1053. The petition requested that 40 CFR 180.560 be amended by adding
reference to the active ingredient pyroxsulam for use in pesticide
formulations with the inert ingredient safener cloquintocet-mexyl
(acetic acid [(5-chloro-8-quinolinyl) oxy]-, 1-methylhexyl ester; CAS
Reg. No. 99607-70-2) and its acid metabolite (5-chloro-8-
quinolinoxyacetic acid) in or on wheat, grain at 0.10 parts per million
(ppm), wheat, forage at 0.1 ppm, wheat, hay at 0.10 ppm, and wheat,
straw at 0.10 ppm. In support of the proposed use of cloquintocet-mexyl
combined with pyroxsulam, Dow AgroSciences submitted four residue
chemistry studies:
1. A magnitude of the residue study depicting the residues of
cloquintocet-mexyl in wheat grain, forage, hay, and straw,
2. A storage stability study,
3. An analytical method study, and
4. An independent laboratory validation (ILV) of the analytical
method.
Docket ID number EPA-HQ-OPP-2007-0335 was established for this
petition. No comments were received for this notice. This docket has
now been linked to the docket established for this final rule (EPA-HQ-
OPP-2007-0555).
The Agency issued a notice in the Federal Register of August 22,
2007 (72 FR 47010) (FRL-8145-1) announcing the filing of a pesticide
petition PP 7E7233 by Syngenta Crop Protection, Inc., P.O. Box 18300,
Greensboro, NC 27419-8300. The petition requested that 40 CFR 180.560
be amended by
[[Page 11818]]
increasing the existing tolerances for residues of cloquintocet-mexyl
and its acid metabolite (5-chloro-8-quinlinoxyacetic acid) when used as
an inert ingredient safener in or on the raw agricultural commodities
wheat, forage at 0.20 ppm (from the existing tolerance of 0.10 ppm) and
wheat, hay at 0.50 ppm (from the existing tolerance of 0.10 ppm). The
docket for this notice is EPA-HQ-OPP-2007-0555. No comments were
received for this notice.
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.''
These provisions were added to FFDCA by the Food Quality Protection Act
(FQPA) of 1996.
III. Risk Characterization and Conclusion
Consistent with FFDCA section 408(b)(2)(D), and 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 and considered its validity, completeness and reliability, and
the relationship of this information 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. The nature of the toxic effects caused by
cloquintocet-mexyl are discussed in this unit. EPA has sufficient data
to assess the hazards of and make a determination on aggregate exposure
for the chemical.
The following provides a brief summary of the risk assessment and
conclusions for the Agency's review of cloquintocet-mexyl. The Agency's
full decision document and risk assessments for this action are
available on EPA's Electronic Docket at http://www.regulations.gov/
under docket ID number EPA-HQ-OPP-2007-0555. For the full toxicity data
and information on which this risk assessment is based, the reader is
referred to a final rule establishing tolerances for cloquintocet-mexyl
that published in the December 16, 2005, Federal Register (70 FR
74679).
A. Human Health
In the final rule published in the Federal Register of December 16,
2005 (70 FR 74679) that established tolerances for cloquintocet-mexyl,
the Agency reviewed the available information on cloquintocet-mexyl
submitted by the petitioners as well as additional information
available to EPA. The toxicity database is sufficient for cloquintocet-
mexyl and has not changed since that time. Therefore, only a brief
summary is provided here. Cloquintocet-mexyl has a low order of acute
oral, dermal and inhalation toxicity. It is slightly irritating to the
eyes and non-irritating to the skin. Cloquintocet-mexyl is a skin
sensitizer. The chemical is not genotoxic and is not a reproductive and
developmental toxicant. There is no evidence of neurotoxicity in the
available studies. Cloquintocet-mexyl is classified as ``not likely to
be a human carcinogen.'' The main metabolite for cloquintocet-mexyl is
5-chloro-8-quin-linoxyacetic acid, and testing on the metabolite is
part of the toxicology database for cloquintocet-mexyl. Based on the
available information, the Agency concludes that there is no concern
for increased susceptibility in offspring to cloquintocet-mexyl, and
the additional tenfold safety factor for the protection of infants and
children is also unnecessary. For additional information on the Human
Health toxicity data for cloquintocet-mexyl and its metabolite, see the
docket and the Federal Register of December 16, 2005 (70 FR 74679).
B. Exposure Assessment
In examining aggregate exposure, the FFDCA section 408 directs EPA
to consider available information concerning exposures from the
pesticide residue in food and all other non-occupational exposures,
including drinking water from ground water or surface water and
exposure through pesticide use in gardens, lawns, or buildings
(residential and other indoor uses). In the 2005 rulemaking, EPA
assessed human exposure to cloquintocet-mexyl from use on wheat and
barley. EPA assumed that 100 percent of the wheat and barley crops were
treated with cloquintocet-mexyl and that residues on all wheat and
barley commodities were at the tolerance level. This assessment is
sufficient for the current amendments to the cloquintocet-mexyl
tolerance because (1) no new crops are being added to the tolerance;
and (2) EPA has determined that higher tolerance levels being
established for the animal feeds of wheat, hay, and forage will not
result in finite residues in livestock commodities. For additional
information on the exposure assessment for cloquintocet-mexyl, see the
docket and the Federal Register of December 16, 2005 (70 FR 74679).
The first petition (PP 7E7194) requested that cloquintocet-mexyl be
used with an additional active ingredient (pyroxsulam), and the second
petition (PP 7E7233) requested increases in wheat tolerances. The
Agency's exposure assessments documents are found in this docket. The
following are summaries of the conclusions.
PP 7E7194: Adding Pyroxsulam. Dow AgroScience's petition (PP
7E7194) requested the cloquintocet-mexyl be allowed to be used in
formulations of the active ingredient pyroxsulam, and that tolerances
of 0.10 ppm be established on wheat grain, forage, hay, and straw. Dow
AgroSciences submitted four residue chemistry studies:
1. A magnitude of the residue study depicting the residues of
cloquintocet-mexyl in wheat grain, forage, hay, and straw,
2. A storage stability study,
3. An analytical method study, and
4. An independent laboratory validation (ILV) of the analytical
method. Evaluation of the data was accomplished as part of a joint
review by Australia, Canada, and the United States.
The results of the residue field trials did not exceed the
currently established cloquintocet-mexyl tolerances for wheat
commodities. All the observed residues were less than half of the
established tolerances and were not significantly higher than the
method Level of Quantification (LOQ). Therefore, the active ingredient
pyroxsulam can be added to the current tolerance for cloquintocet-
mexyl. The current wheat tolerances are adequate and do not need to be
modified as a result of the addition of the new active ingredient.
PP 7E7233: Increasing wheat tolerances for cloquintocet-mexyl.
Syngenta Crop Protection's petition (PP 7E7233) requested that existing
tolerances for cloquintocet-mexyl and its metabolite be amended to
increase wheat, forage from 0.10 to 0.20 ppm and wheat, hay from 0.10
to 0.50 ppm. The Agency is granting the requested increase in
tolerances for cloquintocet-mexyl and its metabolite on wheat,
[[Page 11819]]
forage at 0.20 ppm and wheat, hay at 0.50 ppm.
EPA has no objection to raising the tolerances for wheat, forage
from 0.1 ppm to 0.20 ppm and wheat, hay from 0.1 to 0.50 ppm. EPA
developed livestock secondary residue calculations assuming levels of
0.20 ppm for wheat, forage and 0.50 ppm for wheat, hay. Because of the
low levels of total radioactive residues found in livestock commodities
in the ruminant and poultry metabolism studies and the corresponding
low radioactive residues calculated for the 1X feeding levels, ruminant
and poultry feeding studies are not needed, tolerances on livestock
commodities are not needed, and analytical methods for livestock
commodities are not needed. The uses on wheat fall under 40 CFR
180.6(a)(3) since no secondary residues are expected to occur in
livestock commodities.
The results of field residue trial show that when used with the
active ingredient pyroxsulam, residues of cloquintocet-mexyl were less
than half of the established tolerances and not significantly higher
than the method LOQ. And no secondary residues are expected to occur in
livestock commodities from the increase of cloquintocet-mexyl wheat,
hay, and forage tolerances. Therefore, the previously conducted
cloquintocet-mexyl aggregate exposure assessments can be used in
evaluating the addition of this active ingredient and the increase to
wheat, hay, and forage tolerances. The following summary of aggregate
exposure risks of cloquintocet-mexyl from acute and chronic dietary
exposures and drinking water exposures is taken from the ``Aggregate
Risks and Determination of Safety'' section of the final rule for
cloquintocet-mexyl (70 FR 74679) published December 16, 2005.
There are no residential uses for cloquintocet-mexyl at this time.
Therefore, the acute aggregate risk assessment includes exposure
estimates from food and drinking water only.
``The food and water exposure estimates for females 13-49 yrs old
is <1% of the acute population adjusted dose (aPAD). The acute risk
estimate for females 13-49 years, resulting from aggregate exposure to
cloquintocet-mexyl in food and drinking water is below EPA's level of
concern.''
The following summarizes the chronic aggregate exposure risks of
cloquintocet-mexyl:
``The aggregate chronic risk assessment takes into account average
exposure estimates from dietary consumption of cloquintocet-mexyl (food
and drinking water) and residential uses. Since there are no
residential uses for cloquintocet-mexyl (either established or pending)
at this time, the aggregate chronic assessment included exposures from
food and drinking water only. Since the dietary exposure assessment
already includes the highest chronic exposure from the drinking water
modeling data, no further calculations are necessary. The general U.S.
population and all population subgroups have exposure and risk
estimates which are below the Agency's level of concern (i.e., the
percentages of the chronic population adjusted doses (cPADs) are all
below 100%). The exposure to the U.S. population is <1% cPAD and the
most highly exposed subgroup, children 3-5 yrs old, is 1% cPAD.
Therefore, chronic risk estimates resulting from aggregate exposure to
cloquintocet-mexyl in food and drinking water are below the Agency's
level of concern from all population subgroups.''
There are no residential or non-pesticidal uses for cloquintocet-
mexyl. Therefore, no further aggregate assessment is necessary. For
additional information on the Exposure Assessment for cloquintocet-
mexyl, see the docket and the Federal Register of December 16, 2005 (70
FR 74679).
C. Safety Factor for Infants and Children
Section 408 of the 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 database on toxicity and exposure
unless EPA determines 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. The toxicity database is
sufficient for cloquintocet-mexyl and potential exposure is adequately
characterized based on modeling. In terms of hazard, there are low
concerns and no residual uncertainties regarding pre-natal and/or post-
natal toxicity. Accordingly, EPA concludes that the additional tenfold
safety factor for the protection of infants and children is
unnecessary. For additional information on the Safety Factor
determination for infants and children for cloquintocet-mexyl, see the
docket and the Federal Register of December 16, 2005 (70 FR 74679).
D. Cumulative Exposure
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 cloquintocet-mexyl and any other substances, and the
chemical 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 cloquintocet-mexyl 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 EPA's website at
http://www.epa.gov/pesticides/cumulative.
E. Other Considerations
1. Analytical Methods
Adequate enforcement methodology 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. For the complete description of
Analytical Methods for cloquintocet-mexyl, see the docket and the
Federal Register of December 16, 2005 (70 FR 74679).
2. Storage Stability
The petitioner submitted the results of a storage stability study
that was performed to support the field trials. Samples of wheat grain,
wheat straw, wheat forage, spinach, tomatoes, potatoes, and soybeans
were fortified with cloquintocet-mexyl and cloquintocet acid to levels
of 0.01 and 0.10 ppm. After 9 months of storage at temperatures of <=-
20 C, percent recoveries of cloquintocet-mexyl ranged from 74-107% and
percent recoveries of cloquintocet acid ranged from 72-101%. The
storage stability data are adequate to support the storage durations
used in the field trials.
3. International Tolerances
There are no Codex tolerances for cloquintocet-mexyl. Australia has
established maximum residue limits
[[Page 11820]]
(MRLs) for cloquintocet-mexyl on wheat and barley at 0.1 ppm.
F. Determination of Safety and Conclusions
The Agency is granting the requested increase in tolerances for
cloquintocet-mexyl and its metabolite on wheat, forage at 0.20 ppm and
wheat, hay at 0.50 ppm. The Agency is also granting the requested
addition of reference to the active ingredient pyroxsulam for use with
the inert ingredient safener cloquintocet-mexyl on wheat. In addition,
the Agency is removing the specification of a 1:4 ratio of
cloquintocet-mexyl to active ingredient from the existing tolerance
expression of 40 CFR 180.560. The specification is not necessary when
numerical tolerances are already established.
Based on the information in this preamble, EPA concludes that there
is a reasonable certainty of no harm to the general population,
including infants and children, from aggregate exposure to residues of
cloquintocet-mexyl and its metabolite. Accordingly, EPA finds that the
tolerances described above for residues of cloquintocet-mexyl and its
metabolite will be safe.
IV. Statutory and Executive Order Reviews
This final rule establishes a tolerance 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 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 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).
V. 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 20, 2008.
Lois Rossi,
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 180.560 is amended by revising paragraph (a) to read as
follows:
Sec. 180.560 Cloquintocet-mexyl (acetic acid [(5-chloro-8-
quinolinyl) oxy]-, 1-methylhexyl ester; CAS Reg. No. 99607-70-2);
tolerances for residues.
(a) General. Tolerances are established for the combined residues
of cloquintocet-mexyl (acetic acid [(5-chloro-8-quinolinyl) oxy]-, 1-
methylhexyl ester; CAS Reg. No. 99607-70-2) and its acid metabolite (5-
chloro-8-quinlinoxyacetic acid) when used as an inert ingredient
(safener) in pesticide formulations containing the active ingredients
pinoxaden (wheat or barley), clodinafop-propargyl (wheat only), or
pyroxsulum (wheat only) in or on the following food commodities:
------------------------------------------------------------------------
Commodity Parts per million
------------------------------------------------------------------------
Barley, grain............................. 0.1
Barley, hay............................... 0.1
Barley, straw............................. 0.1
Wheat, forage............................. 0.2
Wheat, grain.............................. 0.1
Wheat, hay................................ 0.5
Wheat, straw.............................. 0.1
------------------------------------------------------------------------
* * * * *
[FR Doc. E8-4023 Filed 3-4-08; 8:45 am]
BILLING CODE 6560-50-S