Homobrassinolide; Exemption from the Requirement of a Tolerance, 39455-39459 [2010-16771]

Download as PDF Federal Register / Vol. 75, No. 131 / Friday, July 9, 2010 / Rules and Regulations 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). XI. 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: June 30, 2010. Martha Monell, Acting Director, Office of Pesticide Programs. Therefore, 40 CFR chapter I is amended as follows: ■ PART 180—[AMENDED] 1. The authority citation for part 180 continues to read as follows: ■ wwoods2 on DSK1DXX6B1PROD with RULES_PART 1 Authority: 21 U.S.C. 321(q), 346a and 371. 2. Section 180.1296 is added to subpart D to read as follows: ■ § 180.1296 Terpene Constituents αterpinene, d-limonene and p-cymene, of the Extract of Chenopodium ambrosioides near ambrosioides as Synthetically Manufactured; exemption from the requirement of a tolerance. An exemption from the requirement of a tolerance is established for the VerDate Mar<15>2010 14:49 Jul 08, 2010 Jkt 220001 39455 40 CFR Part 180 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: John Fournier, Biopesticides and Pollution Prevention Division (7511P), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460–0001; telephone number: (703) 308–0169; e-mail address: fournier.john@epa.gov. SUPPLEMENTARY INFORMATION: [EPA–HQ–OPP–2007–1187; FRL–8831–2] I. General Information Homobrassinolide; Exemption from the Requirement of a Tolerance A. Does this Action Apply to Me? You may be potentially affected by this action if you are an agricultural producer, food manufacturer, or pesticide manufacturer. Potentially affected entities may include, but are not limited to: • Crop production (NAICS code 111). • Animal production (NAICS code 112). • Food manufacturing (NAICS code 311). • Pesticide manufacturing (NAICS code 32532). This listing is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be affected by this action. Other types of entities not listed in this unit could also be affected. The North American Industrial Classification System (NAICS) codes have been provided to assist you and others in determining whether this action might apply to certain entities. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT. residues of the biochemical pesticide Terpene Constituents a-terpinene, dlimonene and p-cymene, of the Extract of Chenopodium ambrosioides near ambrosioides as Synthetically Manufactured when used as an insecticide/acaricide in or on all food commodities. [FR Doc. 2010–16765 Filed 7–8–10; 8:45 am] BILLING CODE 6560–50–S ENVIRONMENTAL PROTECTION AGENCY AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. SUMMARY: This regulation establishes an exemption from the requirement of a tolerance for residues of homobrassinolide in or on all food commodities when applied/used as a plant growth regulator in accordance with good agricultural practices. Repar Corporation submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of homobrassinolide under the FFDCA. DATES: This regulation is effective July 9, 2010. Objections and requests for hearings must be received on or before September 7, 2010, 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–2007–1187. All documents in the docket are listed in the docket index available at https://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 https://www.regulations.gov, or, if only available in hard copy, at the Office of Pesticide Programs (OPP) Regulatory Public Docket in Rm. S–4400, One PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 B. How Can I Get Electronic Access to Other Related Information? You may access a frequently updated electronic version of 40 CFR part 180 through the Government Printing Office’s e-CFR site at https:// www.gpoaccess.gov/ecfr. C. How Can I File an Objection or Hearing Request? Under FFDCA section 408(g), 21 U.S.C. 346a(g), 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–2007–1187 in the subject line on E:\FR\FM\09JYR1.SGM 09JYR1 39456 Federal Register / Vol. 75, No. 131 / Friday, July 9, 2010 / Rules and Regulations wwoods2 on DSK1DXX6B1PROD with RULES_PART 1 the first page of your submission. All objections and requests for a hearing must be in writing, and must be received by the Hearing Clerk on or before September 7, 2010. Addresses for mail and hand delivery of objections and hearing requests are provided in 40 CFR 178.25(b). 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. Information not marked confidential pursuant to 40 CFR part 2 may be disclosed publicly by EPA without prior notice. Submit a copy of your non-CBI objection or hearing request, identified by docket ID number EPA–HQ–OPP–2007–1187, by one of the following methods: • Federal eRulemaking Portal: https:// www.regulations.gov. Follow the on-line instructions for submitting comments. • Mail: 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. Section 408(c)(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. Pursuant to section 408(c)(2)(B) of FFDCA, in establishing or maintaining in effect an exemption from the requirement of a tolerance, EPA must take into account the factors set forth in section 408(b)(2)(C) of FFDCA, which require 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....’’ Additionally, section 408(b)(2)(D) of FFDCA requires that EPA consider ‘‘available information concerning the cumulative effects of a particular pesticide’s residues and other substances that have a common mechanism of toxicity.’’ EPA performs a number of analyses to determine the risks from aggregate exposure to pesticide residues. First, EPA determines the toxicity of pesticides. Second, EPA examines exposure to the pesticide through food, drinking water, and through other exposures that occur as a result of pesticide use in residential settings. II. Background and Statutory Findings In the Federal Register of February 13, 2008 (73 FR 8312) (FRL–8349–2), 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 tolerance petition (PP 7F7296) by Repar Corporation, 8070 Georgia Avenue, Suite 209, Silver Spring, MD 20910. The petition requested that 40 CFR part 180 be amended by establishing an exemption from the requirement of a tolerance for residues of homobrassinolide. This notice referenced a summary of the petition prepared by the petitioner, Repar Corporation, which is available in the docket, https://www.regulations.gov. Comments were received on the notice of filing. EPA’s response to these comments is discussed in Unit VII.C. Section 408(c)(2)(A)(i) of FFDCA allows EPA to establish an exemption from the requirement for a tolerance (the legal limit for a pesticide chemical residue in or on a food) only if EPA determines that the exemption is ‘‘safe.’’ III. Toxicological Profile 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 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. VerDate Mar<15>2010 14:49 Jul 08, 2010 Jkt 220001 A. Overview of Homobrassinolide The active ingredient, homobrassinolide, is a plant growth regulator that is a synthesized homologue of brassinolide, a naturally occurring brassinosteroid. Brassinosteroids are a group of steroidal plant hormones that were discovered in 1973, when it was shown that pollen from rapeseed (Brassica napus) could promote stem elongation and cell division and that the biologically active molecule was a steroid. Brassinosteroids PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 are ubiquitously distributed in the plant kingdom. Since their discovery, over 70 brassinosteroids have been isolated from plants. The occurrence of these steroids has been demonstrated in various plant parts, such as pollen, flower buds, fruit seeds, vascular cambium, leaves, shoots, and roots. Studies on higher plants suggest that these steroids play a critical role in a range of developmental processes (i.e., stem elongation, root growth, floral initiation, etc.). B. Biochemical Pesticide Human Health Assessment Data Requirements 1. Acute Toxicity. Tier I acute toxicity studies showed that homobrassinolide is a Toxicity Category IV (low toxicity) compound via oral and inhalation routes of exposure and a Toxicity Category III (slightly toxic) compound for dermal and eye exposures. Moreover, homobrassinolide is neither a skin irritant nor a dermal sensitizer. Given the results of these studies, no additional toxicity (i.e., Tiers II or III) or residue data are required to support food uses of this biochemical active ingredient. i. The acute oral median lethal doses (LD50s) for homobrassinolide in rats and mice were greater than 5,000 milligrams per kilogram (mg/kg) and confirmed negligible toxicity through oral exposure (Master Record Identification Numbers [MRID Nos.] 47185118 and 47208903). Homobrassinolide is classified as Toxicity Category IV for acute oral toxicity. ii. The acute dermal median lethal dose (LD50) for homobrassinolide in rats was over 2,000 mg/kg, which confirmed low dermal toxicity (Master Record Identification Number [MRID No.] 47185120). Homobrassinolide is classified as Toxicity Category III for acute dermal toxicity. iii. The acute inhalation median lethal concentration (LC50) was greater than 2.26 milligrams per liter (mg/L) in rats and showed practically no inhalation toxicity or irritation (MRID No. 47185121). Homobrassinolide is classified as Toxicity Category IV for acute inhalation toxicity. iv. An acute eye study showed that exposure to homobrassinolide will cause temporary mild eye irritation (MRID No. 47185122). As such, EPA has determined that homobrassinolide is Toxicity Category III for acute eye irritation. Acute dermal irritation and skin sensitization studies showed that homobrassinolide is non-irritating and not a sensitizer to the skin (MRID Nos. 47185123 and 47185124). EPA has determined that homobrassinolide is Toxicity Category IV for both dermal irritation and dermal sensitization. E:\FR\FM\09JYR1.SGM 09JYR1 wwoods2 on DSK1DXX6B1PROD with RULES_PART 1 Federal Register / Vol. 75, No. 131 / Friday, July 9, 2010 / Rules and Regulations These acute toxicity studies, submitted to support the registration of one manufacturing-use product containing homobrassinolide, confirm a low toxicity profile. 2. Subchronic Toxicity. i. The submitted 90–day oral toxicity (MRID No. 47208906) study showed that test animals did not exhibit any clinical signs of toxicity that were statistically different from untreated controls. There were no significant changes in organ weights (e.g., thymus and spleen) or differential white blood cell counts of the treated animals during the 90–day study period, which would indicate potential interference with normal immune function. The 90–day oral feeding no observable effect level (NOEL) for Homobrassinolide Technical was 1,000 milligrams per kilogram per day. Based on the review of these data, EPA concluded that no subchronic oral toxicity is expected to occur when this compound is used in accordance with good agricultural practices. ii. Submission of 90–day dermal toxicity data was waived by EPA (MRID No. 47185136) for primarily two reasons. First, dermal metabolism of homobrassinolide is not expected to differ from its oral metabolism. Acute guideline studies demonstrated that homobrassinolide has a low dermal toxicity (LD50 >2,000 mg/kg), was not a dermal irritant, and was not a dermal sensitizer. In addition, prolonged human dermal exposure is remote as brassinosteroids are readily metabolized by plants to inactive forms and, therefore, the application of homobrassinolide to crop plants as a plant growth stimulant is unlikely to increase levels of brassinosteroids in the treated plants. Brassinosteroids are present in all plants, resulting in ubiquitous exposure to humans and other organisms though the food chain without causing harm. iii. Submission of 90–day inhalation data was also waived. The acute inhalation toxicity study demonstrates homobrassinolide’s lack of toxicity (Toxicity Category IV) and there is no anticipated repeated inhalation exposure under the conditions of product use at a concentration that could be toxic (MRID No. 47185137). 3. Developmental Toxicity and Mutagenicity. Based on in vivo studies using oral applications of homobrassinolide, the active ingredient did not have the potential to induce chromosome aberrations in mice treated up to a single oral dose of 2,000 mg/kg body weight. The active ingredient did not have micronucleus induction potential in mice after two days of oral dosing up to a level of 2,000 mg/kg body VerDate Mar<15>2010 14:49 Jul 08, 2010 Jkt 220001 weight. Thus, homobrassinolide is nonmutgenic to mice (MRID No. 47208905). In vitro studies demonstrated that treatment with 100 and 1,000 mg/kg body weight of homobrassinolide did not result in mortality or overt signs of toxicity for pregnant rats during the observation period. Body weight changes in the groups of test substance treated dams were statistically similar to controls and no significant changes were observed in the weights of ovary and fetuses. The test further showed that there were no significant changes in the uterine weights, as well as, no test related recurrent visceral and skeletal malformations when compared to controls. Based on these findings it appears that homobrassinolide is nonteratogenic to Wistar rats at the dose levels of 100 and 1000 mg/kg of bodyweight (MRID No. 47185132). As a result of the findings in these studies, EPA concludes that homobrassinolide is not mutagenic or genotoxic. C. References Bajguz, A., 2000. Effect of brassinosteroids on nuclear acids and protein content in cultured cells of chlorella vulgaris. Plant Physiol. Biochem. 38, 209-215. Catterou, M., F. Dubois, H. Schaller, L. Aubanella, B. Vilcol, B. S. SangwanNorrel, R.S. Sangwan, 2001. Brassinosteroids microtubules and cell elongation in Arabidopsis thaliana. II. Effects of brassinosteroids on microtubules and cell elongation in the bull mutant. Planta, 212, 673-683. IECVI.I – Individual Effects Chance Model Version 1.1. 2004. USEPA/OPP/ EFEDSeeta S.R.R., B.V.Vardhini, E. Sujatha, S. Anuradha. 2002. Brassinosteroids-A new class of phytohormones. Current Science, 82:12391245. IV. Aggregate Exposures In examining aggregate exposure, section 408 of FFDCA directs EPA to consider available information concerning exposures from the pesticide residue in food and all other nonoccupational 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). A. Dietary Exposure 1. Food. The primary route of homobrassinolide exposure to the general population is expected to be through consumption of food. Dietary exposure to homobrassinolide from application/use as a plant growth PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 39457 regulator is expected to be minimal, assuming use consistent with the labeling and use of good agricultural practices. The approved label allows a maximum application rate of 20 grams of active ingredient per acre per application. In addition, homobrassinolide is present in all plants, resulting in ubiquitous exposure to humans and other organisms through the food chain without causing harm. The endogenous levels of brassinosteroids are in parts per million or parts per billion (e.g., brassinosteroid levels in pollen have been measured at 200 parts per billion). The 20 grams per acre of homobrassinolide from application/use as a plant growth regulator is not expected to increase natural levels of brassinosteroids in treated plants. This is because the homobrassinolide applied/used as a crop plant will be metabolized as the plant grows. 2. Drinking water exposure. No significant drinking water exposure or residues are expected to result from the use of homobrassinolide as a plant growth regulator. The active ingredient is intended for use as a foliar application on food commodities and is not to be applied directly to water. If used in accordance with EPA-approved labeling and good agricultural practices, homobrassinolide is not likely to accumulate in drinking water. Furthermore, it is doubtful that homobrassinolide concentrations in water would exceed levels that are currently ubiquitous to plants. Although fate information is not available on homobrassinolide, the compound is not soluble in water (water solubility 3.18%), and the log Pow = 3.96 suggests both moderate binding to soil and a low probability of ground water contamination. Overall, drinking water exposure to residues of homobrassinolide is expected to be minimal. B. Other Non-Occupational Exposure The potential for non-dietary exposure of the general population, including infants and children, is limited based on the use patterns of homobrassinolide. Non-dietary exposures would not be expected to pose any quantifiable risk to the general population. V. 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, EPA consider ‘‘available information concerning the cumulative effects of [a particular pesticide’s] E:\FR\FM\09JYR1.SGM 09JYR1 39458 Federal Register / Vol. 75, No. 131 / Friday, July 9, 2010 / Rules and Regulations wwoods2 on DSK1DXX6B1PROD with RULES_PART 1 residues and other substances that have a common mechanism of toxicity.’’ EPA has not found homobrassinolide to share a common mechanism of toxicity with any other substances, and homobrassinolide does not appear to produce a toxic metabolite produced by other substances. For the purposes of this tolerance exemption, therefore, EPA has assumed that homobrassinolide 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 https:// www.epa.gov/pesticides/cumulative. VI. Determination of Safety for the United States Population, Infants, and Children FFDCA section 408(b)(2)(C) provides that EPA shall assess the available information about consumption patterns among infants and children, special susceptibility of infants and children to pesticide chemical residues, and the cumulative effects on infants and children of the residues and other substances with a common mechanism of toxicity. In addition, FFDCA section 408(b)(2)(C) 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 unless EPA determines that a different margin of safety will be safe for infants and children. Margins of exposure (safety), which are often referred to as uncertainty factors, are incorporated into EPA risk assessments either directly or through the use of a margin of exposure analysis, or by using uncertainty (safety) factors in calculating a dose level that poses no appreciable risk. Based on the results of the toxicological data discussed in Unit III., as well as all other available information, EPA concludes that there is a reasonable certainty that no harm will result to the United States population, including infants and children, from aggregate exposure to the residues of homobrassinolide. This includes all anticipated dietary exposures and all other exposures for which there is reliable information. EPA has arrived at this conclusion based on the low level of toxicity of the compound, the minimal exposure from application/use of homobrassinolide as a plant growth regulator, the ubiquitous nature of brassinosteroids in the plant kingdom, and the already widespread exposure to these plant steroids without any VerDate Mar<15>2010 14:49 Jul 08, 2010 Jkt 220001 reported adverse effects on human health. Thus, there are no threshold effects of concern and, as a result, the provision requiring an additional margin of safety does not apply in this instance. VII. Other Considerations A. International Residue Limits In making its tolerance decisions, EPA seeks to harmonize U.S. tolerances with international standards whenever possible, consistent with U.S. food safety standards and agricultural practices. EPA considers the international maximum residue limits (MRLs) established by the Codex Alimentarius Commission (Codex), as required by FFDCA section 408(b)(4). The Codex Alimentarius is a joint U.N. Food and Agriculture Organization/ World Health Organization food standards program, and it is recognized as an international food safety standards-setting organization in trade agreements to which the United States is a party. EPA may establish a tolerance that is different from a Codex MRL; however, FFDCA section 408(b)(4) requires that EPA explain the reasons for departing from the Codex level. The Codex has not established a MRL for homobrassinolide. B. Response to Comments A notice of receipt of the application for registration of a pesticide product containing homobrassinolide (a new active ingredient) was published in the Federal Register and opened a 30–day comment period (73 FR 8312, February 13, 2008). Two comments were received following this publication, but neither comment was related to the registration of homobrassinolide as a new active ingredient (i.e., both referenced a pesticide product apparently associated with another active ingredient) nor provided any substantive basis, such as data or other available information, supporting their respective positions or calling into question any of EPA’s risk assessments. VIII. Conclusions The Agency concludes that there is a reasonable certainty that no harm will result to the United States population, including infants and children, from aggregate exposure to residues of homobrassinolide applied/used as a plant growth regulator in accordance with good agricultural practices. Therefore, an exemption is established for residues of homobrassinolide in or on all food commodities when applied/ used as a plant growth regulator in PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 accordance with good agricultural practices. IX. Statutory and Executive Order Reviews This final rule establishes a tolerance exemption 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 exemption 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 E:\FR\FM\09JYR1.SGM 09JYR1 Federal Register / Vol. 75, No. 131 / Friday, July 9, 2010 / Rules and Regulations 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). X. Congressional Review Act wwoods2 on DSK1DXX6B1PROD with RULES_PART 1 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 VerDate Mar<15>2010 14:49 Jul 08, 2010 Jkt 220001 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: June 14, 2010. Steven Bradbury, Director, Office of Pesticide Programs. Therefore, 40 CFR chapter I is amended as follows: ■ PO 00000 Frm 00017 Fmt 4700 Sfmt 9990 39459 PART 180—[AMENDED] 1. The authority citation for part 180 continues to read as follows: ■ Authority: 21 U.S.C. 321(q), 346a and 371. 2. Section 180.1297 is added to subpart D to read as follows: ■ §180.1297 Homobrassinolide; exemption from the requirement of a tolerance. An exemption from the requirement of a tolerance is established for the residues of homobrassinolide in or on all food commodities when applied/ used as a plant growth regulator in accordance with good agricultural practices. [FR Doc. 2010–16771 Filed 7–8–10; 8:45 am] BILLING CODE 6560–50–S E:\FR\FM\09JYR1.SGM 09JYR1

Agencies

[Federal Register Volume 75, Number 131 (Friday, July 9, 2010)]
[Rules and Regulations]
[Pages 39455-39459]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-16771]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2007-1187; FRL-8831-2]


 Homobrassinolide; Exemption from the Requirement of a Tolerance

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation establishes an exemption from the requirement 
of a tolerance for residues of homobrassinolide in or on all food 
commodities when applied/used as a plant growth regulator in accordance 
with good agricultural practices. Repar Corporation submitted a 
petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), 
requesting an exemption from the requirement of a tolerance. This 
regulation eliminates the need to establish a maximum permissible level 
for residues of homobrassinolide under the FFDCA.

DATES: This regulation is effective July 9, 2010. Objections and 
requests for hearings must be received on or before September 7, 2010, 
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-2007-1187. All documents in the 
docket are listed in the docket index available at https://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 https://www.regulations.gov, or, if only available in hard 
copy, at the Office of Pesticide Programs (OPP) Regulatory Public 
Docket in Rm. S-4400, One Potomac Yard (South Bldg.), 2777 S. Crystal 
Dr., Arlington, VA. The 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: John Fournier, Biopesticides and 
Pollution Prevention Division (7511P), Environmental Protection Agency, 
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone 
number: (703) 308-0169; e-mail address: fournier.john@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 code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).
    This listing is not intended to be exhaustive, but rather provides 
a guide for readers regarding entities likely to be affected by this 
action. Other types of entities not listed in this unit could also be 
affected. The North American Industrial Classification System (NAICS) 
codes have been provided to assist you and others in determining 
whether this action might apply to certain entities. If you have any 
questions regarding the applicability of this action to a particular 
entity, consult the person listed under FOR FURTHER INFORMATION 
CONTACT.

B. How Can I Get Electronic Access to Other Related Information?

    You may access a frequently updated electronic version of 40 CFR 
part 180 through the Government Printing Office's e-CFR site at https://www.gpoaccess.gov/ecfr.

C. How Can I File an Objection or Hearing Request?

    Under FFDCA section 408(g), 21 U.S.C. 346a(g), 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-2007-1187 in the subject line on

[[Page 39456]]

the first page of your submission. All objections and requests for a 
hearing must be in writing, and must be received by the Hearing Clerk 
on or before September 7, 2010. Addresses for mail and hand delivery of 
objections and hearing requests are provided in 40 CFR 178.25(b).
    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. Information not marked confidential pursuant to 40 CFR part 2 
may be disclosed publicly by EPA without prior notice. Submit a copy of 
your non-CBI objection or hearing request, identified by docket ID 
number EPA-HQ-OPP-2007-1187, by one of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the on-line instructions for submitting comments.
     Mail: 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. Background and Statutory Findings

     In the Federal Register of February 13, 2008 (73 FR 8312) (FRL-
8349-2), 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 tolerance 
petition (PP 7F7296) by Repar Corporation, 8070 Georgia Avenue, Suite 
209, Silver Spring, MD 20910. The petition requested that 40 CFR part 
180 be amended by establishing an exemption from the requirement of a 
tolerance for residues of homobrassinolide. This notice referenced a 
summary of the petition prepared by the petitioner, Repar Corporation, 
which is available in the docket, https://www.regulations.gov. Comments 
were received on the notice of filing. EPA's response to these comments 
is discussed in Unit VII.C.
    Section 408(c)(2)(A)(i) of FFDCA allows EPA to establish an 
exemption from the requirement for a tolerance (the legal limit for a 
pesticide chemical residue in or on a food) only if EPA determines that 
the exemption is ``safe.'' Section 408(c)(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. Pursuant to section 408(c)(2)(B) of FFDCA, in 
establishing or maintaining in effect an exemption from the requirement 
of a tolerance, EPA must take into account the factors set forth in 
section 408(b)(2)(C) of FFDCA, which require 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....'' Additionally, section 408(b)(2)(D) of FFDCA requires that 
EPA consider ``available information concerning the cumulative effects 
of a particular pesticide's residues and other substances that have a 
common mechanism of toxicity.''
    EPA performs a number of analyses to determine the risks from 
aggregate exposure to pesticide residues. First, EPA determines the 
toxicity of pesticides. Second, EPA examines exposure to the pesticide 
through food, drinking water, and through other exposures that occur as 
a result of pesticide use in residential settings.

III. Toxicological Profile

    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 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.

A. Overview of Homobrassinolide

    The active ingredient, homobrassinolide, is a plant growth 
regulator that is a synthesized homologue of brassinolide, a naturally 
occurring brassinosteroid. Brassinosteroids are a group of steroidal 
plant hormones that were discovered in 1973, when it was shown that 
pollen from rapeseed (Brassica napus) could promote stem elongation and 
cell division and that the biologically active molecule was a steroid. 
Brassinosteroids are ubiquitously distributed in the plant kingdom. 
Since their discovery, over 70 brassinosteroids have been isolated from 
plants. The occurrence of these steroids has been demonstrated in 
various plant parts, such as pollen, flower buds, fruit seeds, vascular 
cambium, leaves, shoots, and roots. Studies on higher plants suggest 
that these steroids play a critical role in a range of developmental 
processes (i.e., stem elongation, root growth, floral initiation, 
etc.).

B. Biochemical Pesticide Human Health Assessment Data Requirements

    1. Acute Toxicity. Tier I acute toxicity studies showed that 
homobrassinolide is a Toxicity Category IV (low toxicity) compound via 
oral and inhalation routes of exposure and a Toxicity Category III 
(slightly toxic) compound for dermal and eye exposures. Moreover, 
homobrassinolide is neither a skin irritant nor a dermal sensitizer. 
Given the results of these studies, no additional toxicity (i.e., Tiers 
II or III) or residue data are required to support food uses of this 
biochemical active ingredient.
    i. The acute oral median lethal doses (LD50s) for 
homobrassinolide in rats and mice were greater than 5,000 milligrams 
per kilogram (mg/kg) and confirmed negligible toxicity through oral 
exposure (Master Record Identification Numbers [MRID Nos.] 47185118 and 
47208903). Homobrassinolide is classified as Toxicity Category IV for 
acute oral toxicity.
    ii. The acute dermal median lethal dose (LD50) for 
homobrassinolide in rats was over 2,000 mg/kg, which confirmed low 
dermal toxicity (Master Record Identification Number [MRID No.] 
47185120). Homobrassinolide is classified as Toxicity Category III for 
acute dermal toxicity.
    iii. The acute inhalation median lethal concentration 
(LC50) was greater than 2.26 milligrams per liter (mg/L) in 
rats and showed practically no inhalation toxicity or irritation (MRID 
No. 47185121). Homobrassinolide is classified as Toxicity Category IV 
for acute inhalation toxicity.
    iv. An acute eye study showed that exposure to homobrassinolide 
will cause temporary mild eye irritation (MRID No. 47185122). As such, 
EPA has determined that homobrassinolide is Toxicity Category III for 
acute eye irritation. Acute dermal irritation and skin sensitization 
studies showed that homobrassinolide is non-irritating and not a 
sensitizer to the skin (MRID Nos. 47185123 and 47185124). EPA has 
determined that homobrassinolide is Toxicity Category IV for both 
dermal irritation and dermal sensitization.

[[Page 39457]]

    These acute toxicity studies, submitted to support the registration 
of one manufacturing-use product containing homobrassinolide, confirm a 
low toxicity profile.
    2. Subchronic Toxicity. i. The submitted 90-day oral toxicity (MRID 
No. 47208906) study showed that test animals did not exhibit any 
clinical signs of toxicity that were statistically different from 
untreated controls. There were no significant changes in organ weights 
(e.g., thymus and spleen) or differential white blood cell counts of 
the treated animals during the 90-day study period, which would 
indicate potential interference with normal immune function. The 90-day 
oral feeding no observable effect level (NOEL) for Homobrassinolide 
Technical was 1,000 milligrams per kilogram per day. Based on the 
review of these data, EPA concluded that no subchronic oral toxicity is 
expected to occur when this compound is used in accordance with good 
agricultural practices.
    ii. Submission of 90-day dermal toxicity data was waived by EPA 
(MRID No. 47185136) for primarily two reasons. First, dermal metabolism 
of homobrassinolide is not expected to differ from its oral metabolism. 
Acute guideline studies demonstrated that homobrassinolide has a low 
dermal toxicity (LD50 >2,000 mg/kg), was not a dermal 
irritant, and was not a dermal sensitizer. In addition, prolonged human 
dermal exposure is remote as brassinosteroids are readily metabolized 
by plants to inactive forms and, therefore, the application of 
homobrassinolide to crop plants as a plant growth stimulant is unlikely 
to increase levels of brassinosteroids in the treated plants. 
Brassinosteroids are present in all plants, resulting in ubiquitous 
exposure to humans and other organisms though the food chain without 
causing harm.
    iii. Submission of 90-day inhalation data was also waived. The 
acute inhalation toxicity study demonstrates homobrassinolide's lack of 
toxicity (Toxicity Category IV) and there is no anticipated repeated 
inhalation exposure under the conditions of product use at a 
concentration that could be toxic (MRID No. 47185137).
    3. Developmental Toxicity and Mutagenicity. Based on in vivo 
studies using oral applications of homobrassinolide, the active 
ingredient did not have the potential to induce chromosome aberrations 
in mice treated up to a single oral dose of 2,000 mg/kg body weight. 
The active ingredient did not have micronucleus induction potential in 
mice after two days of oral dosing up to a level of 2,000 mg/kg body 
weight. Thus, homobrassinolide is non-mutgenic to mice (MRID No. 
47208905).
    In vitro studies demonstrated that treatment with 100 and 1,000 mg/
kg body weight of homobrassinolide did not result in mortality or overt 
signs of toxicity for pregnant rats during the observation period. Body 
weight changes in the groups of test substance treated dams were 
statistically similar to controls and no significant changes were 
observed in the weights of ovary and fetuses. The test further showed 
that there were no significant changes in the uterine weights, as well 
as, no test related recurrent visceral and skeletal malformations when 
compared to controls. Based on these findings it appears that 
homobrassinolide is non-teratogenic to Wistar rats at the dose levels 
of 100 and 1000 mg/kg of bodyweight (MRID No. 47185132).
    As a result of the findings in these studies, EPA concludes that 
homobrassinolide is not mutagenic or genotoxic.

C. References

Bajguz, A., 2000. Effect of brassinosteroids on nuclear acids and 
protein content in cultured cells of chlorella vulgaris. Plant Physiol. 
Biochem. 38, 209-215.
Catterou, M., F. Dubois, H. Schaller, L. Aubanella, B. Vilcol, B. S. 
Sangwan-Norrel, R.S. Sangwan, 2001. Brassinosteroids microtubules and 
cell elongation in Arabidopsis thaliana. II. Effects of 
brassinosteroids on microtubules and cell elongation in the bull 
mutant. Planta, 212, 673-683.
IECVI.I - Individual Effects Chance Model Version 1.1. 2004. USEPA/OPP/
EFEDSeeta S.R.R., B.V.Vardhini, E. Sujatha, S. Anuradha. 2002. 
Brassinosteroids-A new class of phytohormones. Current Science, 
82:12391245.

IV. Aggregate Exposures

    In examining aggregate exposure, section 408 of FFDCA 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).

A. Dietary Exposure

    1. Food. The primary route of homobrassinolide exposure to the 
general population is expected to be through consumption of food. 
Dietary exposure to homobrassinolide from application/use as a plant 
growth regulator is expected to be minimal, assuming use consistent 
with the labeling and use of good agricultural practices. The approved 
label allows a maximum application rate of 20 grams of active 
ingredient per acre per application. In addition, homobrassinolide is 
present in all plants, resulting in ubiquitous exposure to humans and 
other organisms through the food chain without causing harm. The 
endogenous levels of brassinosteroids are in parts per million or parts 
per billion (e.g., brassinosteroid levels in pollen have been measured 
at 200 parts per billion). The 20 grams per acre of homobrassinolide 
from application/use as a plant growth regulator is not expected to 
increase natural levels of brassinosteroids in treated plants. This is 
because the homobrassinolide applied/used as a crop plant will be 
metabolized as the plant grows.
    2. Drinking water exposure. No significant drinking water exposure 
or residues are expected to result from the use of homobrassinolide as 
a plant growth regulator. The active ingredient is intended for use as 
a foliar application on food commodities and is not to be applied 
directly to water. If used in accordance with EPA-approved labeling and 
good agricultural practices, homobrassinolide is not likely to 
accumulate in drinking water. Furthermore, it is doubtful that 
homobrassinolide concentrations in water would exceed levels that are 
currently ubiquitous to plants. Although fate information is not 
available on homobrassinolide, the compound is not soluble in water 
(water solubility 3.18%), and the log Pow = 3.96 suggests both moderate 
binding to soil and a low probability of ground water contamination. 
Overall, drinking water exposure to residues of homobrassinolide is 
expected to be minimal.

B. Other Non-Occupational Exposure

    The potential for non-dietary exposure of the general population, 
including infants and children, is limited based on the use patterns of 
homobrassinolide. Non-dietary exposures would not be expected to pose 
any quantifiable risk to the general population.

V. 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, EPA consider 
``available information concerning the cumulative effects of [a 
particular pesticide's]

[[Page 39458]]

residues and other substances that have a common mechanism of 
toxicity.''
    EPA has not found homobrassinolide to share a common mechanism of 
toxicity with any other substances, and homobrassinolide does not 
appear to produce a toxic metabolite produced by other substances. For 
the purposes of this tolerance exemption, therefore, EPA has assumed 
that homobrassinolide 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 https://www.epa.gov/pesticides/cumulative.

VI. Determination of Safety for the United States Population, Infants, 
and Children

    FFDCA section 408(b)(2)(C) provides that EPA shall assess the 
available information about consumption patterns among infants and 
children, special susceptibility of infants and children to pesticide 
chemical residues, and the cumulative effects on infants and children 
of the residues and other substances with a common mechanism of 
toxicity. In addition, FFDCA section 408(b)(2)(C) 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 unless EPA 
determines that a different margin of safety will be safe for infants 
and children. Margins of exposure (safety), which are often referred to 
as uncertainty factors, are incorporated into EPA risk assessments 
either directly or through the use of a margin of exposure analysis, or 
by using uncertainty (safety) factors in calculating a dose level that 
poses no appreciable risk.
    Based on the results of the toxicological data discussed in Unit 
III., as well as all other available information, EPA concludes that 
there is a reasonable certainty that no harm will result to the United 
States population, including infants and children, from aggregate 
exposure to the residues of homobrassinolide. This includes all 
anticipated dietary exposures and all other exposures for which there 
is reliable information. EPA has arrived at this conclusion based on 
the low level of toxicity of the compound, the minimal exposure from 
application/use of homobrassinolide as a plant growth regulator, the 
ubiquitous nature of brassinosteroids in the plant kingdom, and the 
already widespread exposure to these plant steroids without any 
reported adverse effects on human health. Thus, there are no threshold 
effects of concern and, as a result, the provision requiring an 
additional margin of safety does not apply in this instance.

VII. Other Considerations

A. International Residue Limits

     In making its tolerance decisions, EPA seeks to harmonize U.S. 
tolerances with international standards whenever possible, consistent 
with U.S. food safety standards and agricultural practices. EPA 
considers the international maximum residue limits (MRLs) established 
by the Codex Alimentarius Commission (Codex), as required by FFDCA 
section 408(b)(4). The Codex Alimentarius is a joint U.N. Food and 
Agriculture Organization/World Health Organization food standards 
program, and it is recognized as an international food safety 
standards-setting organization in trade agreements to which the United 
States is a party. EPA may establish a tolerance that is different from 
a Codex MRL; however, FFDCA section 408(b)(4) requires that EPA explain 
the reasons for departing from the Codex level.
     The Codex has not established a MRL for homobrassinolide.

B. Response to Comments

     A notice of receipt of the application for registration of a 
pesticide product containing homobrassinolide (a new active ingredient) 
was published in the Federal Register and opened a 30-day comment 
period (73 FR 8312, February 13, 2008). Two comments were received 
following this publication, but neither comment was related to the 
registration of homobrassinolide as a new active ingredient (i.e., both 
referenced a pesticide product apparently associated with another 
active ingredient) nor provided any substantive basis, such as data or 
other available information, supporting their respective positions or 
calling into question any of EPA's risk assessments.

VIII. Conclusions

     The Agency concludes that there is a reasonable certainty that no 
harm will result to the United States population, including infants and 
children, from aggregate exposure to residues of homobrassinolide 
applied/used as a plant growth regulator in accordance with good 
agricultural practices. Therefore, an exemption is established for 
residues of homobrassinolide in or on all food commodities when 
applied/used as a plant growth regulator in accordance with good 
agricultural practices.

IX. Statutory and Executive Order Reviews

    This final rule establishes a tolerance exemption 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 
exemption 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

[[Page 39459]]

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).

X. 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: June 14, 2010.
Steven Bradbury,
Director, 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 180.1297 is added to subpart D to read as follows:


Sec. 180.1297  Homobrassinolide; exemption from the requirement of a 
tolerance.

    An exemption from the requirement of a tolerance is established for 
the residues of homobrassinolide in or on all food commodities when 
applied/used as a plant growth regulator in accordance with good 
agricultural practices.

[FR Doc. 2010-16771 Filed 7-8-10; 8:45 am]
BILLING CODE 6560-50-S
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