80 FR 18141 - Extension of Tolerances for Emergency Exemptions (Multiple Chemicals)
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 64 (April 3, 2015)
Federal Register Volume 80, Issue 64 (April 3, 2015)
| Page Range | 18141-18143 | |
| FR Document | 2015-07624 |
[Federal Register Volume 80, Number 64 (Friday, April 3, 2015)] [Rules and Regulations] [Pages 18141-18143] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-07624] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 180 [EPA-HQ-OPP-2015-0125; FRL-9924-40] Extension of Tolerances for Emergency Exemptions (Multiple Chemicals) AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This regulation extends or re-establishes time-limited tolerances for residues of the pesticides fluridone in or on cotton undelinted seed, and diflubenzuron in or on alfalfa forage and hay. These actions are in response to EPA's granting of emergency exemptions under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) authorizing use of these pesticides. In addition, the Federal Food, Drug, and Cosmetic Act (FFDCA) requires EPA to establish a time-limited tolerance or exemption from the requirement for a tolerance for pesticide chemical residues in food that will result from the use of a pesticide under an emergency exemption granted by EPA. DATES: This regulation is effective April 3, 2015. Objections and requests for hearings must be received on or before June 2, 2015, 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: The docket for this action, identified by docket identification (ID) [[Page 18142]] number EPA-HQ-OPP-2015-0125, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory Public Docket (OPP Docket) in the Environmental Protection Agency Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 1301 Constitution Ave. NW., Washington, DC 20460-0001. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566-1744, and the telephone number for the OPP Docket is (703) 305- 5805. Please review the visitor instructions and additional information about the docket available at http://www.epa.gov/dockets. FOR FURTHER INFORMATION CONTACT: Susan Lewis, Registration Division (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; main telephone number: (703) 305-7090; email address: RDFRNotices@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. The following list of North American Industrial Classification System (NAICS) codes is not intended to be exhaustive, but rather provides a guide to help readers determine whether this document applies to them. Potentially affected entities may include:Crop production (NAICS code 111). Animal production (NAICS code 112). Food manufacturing (NAICS code 311). Pesticide manufacturing (NAICS code 32532). 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 Publishing Office's e-CFR site at http://www.ecfr.gov/cgi-bin/text-idx?&c=ecfr&tpl=/ecfrbrowse/Title40/40tab_02.tpl. C. How can I file an objection or hearing request? Under FFDCA section 408(g), 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-2015-0125 in the subject line on the first page of your submission. All requests must be in writing, and must be received by the Hearing Clerk on or before June 2, 2015. 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 (excluding any Confidential Business Information (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 the non-CBI copy of your objection or hearing request, identified by docket ID number EPA-HQ-OPP-2015-0125, by one of the following methods: Federal eRulemaking Portal: http://www.regulations.gov. Follow the online instructions for submitting comments. Do not submit electronically any information you consider to be CBI or other information whose disclosure is restricted by statute. Mail: OPP Docket, Environmental Protection Agency Docket Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001. Hand Delivery: To make special arrangements for hand delivery or delivery of boxed information, please follow the instructions at http://www.epa.gov/dockets/contacts.html. Additional instructions on commenting or visiting the docket, along with more information about dockets generally, is available at http://www.epa.gov/dockets. II. Background and Statutory Findings EPA, on its own initiative, has previously issued final rules under FFDCA section 408, 21 U.S.C. 346a, establishing time-limited tolerances for fluridone, 1-methyl-3-phenyl-5-(3-(trifluoromethyl)phenyl)-4(1H)- pyridone, in or on cotton undelinted seed, and for diflubenzuron, N- [[(4-chlorophenyl)amino]carbonyl] -2,6-difluorobenzamide, in or on alfalfa forage and hay. EPA established those tolerances because FFDCA section 408(l)(6) requires EPA to establish a time-limited tolerance or exemption from the requirement for a tolerance for pesticide chemical residues in food that will result from the use of a pesticide under an emergency exemption granted by EPA under FIFRA section 18. Such tolerances can be established without providing notice or time for public comment. EPA received requests to extend the emergency use of these chemicals for this year's growing season. After having reviewed these submissions, EPA concurs that emergency conditions continue to exist. EPA assessed the potential risks presented by residues for each chemical. In doing so, EPA considered the safety standard in FFDCA section 408(b)(2), and decided that the necessary tolerance under FFDCA section 408(l)(6) would be consistent with the safety standard and with FIFRA section 18. The data and other material relevant to these safety findings have been evaluated and discussed in the final rule originally published to support these uses. Based on that data and information considered, the Agency again concludes that these time-limited tolerances will continue to meet the requirements of FFDCA section 408(l)(6). Therefore, the time-limited tolerances are extended until December 31, 2017. EPA will publish a document in the Federal Register to remove the revoked tolerances from the Code of Federal Regulations (CFR). Although these tolerances will expire and are revoked on the date listed under FFDCA section 408(l)(5), residues of the pesticide not in excess of the amounts specified in the tolerance remaining in or on the commodity after that date will not be unlawful, provided the residue is present as a result of an application or use of a pesticide at a time and in a manner that was lawful under FIFRA, the tolerance was in place at the time of the application, and the residue does not exceed the level that was authorized by the tolerance. EPA will take action to revoke these tolerances earlier if any experience with, scientific data on, or other relevant information on this pesticide indicate that the residues are not safe. Tolerances for the use of the following pesticide chemicals on specific commodities are being extended: Fluridone. EPA has authorized under FIFRA section 18 the emergency use of fluridone on cotton for control of glyphosate-resistant Palmer amaranth in Arkansas, Georgia, Missouri, North Carolina, South Carolina and Tennessee. This regulation re-establishes a time-limited tolerance for residues of the herbicide fluridone, 1-methyl-3-phenyl-5-(3- (trifluoromethyl)phenyl)-4(1H)-pyridone, and its metabolites and degradates, determined as only the parent fluridone, in or on cotton, undelinted seed at 0.1 parts per million (ppm) for an additional three- year period. This tolerance will expire and is [[Page 18143]] revoked on December 31, 2017. The final rule originally establishing the time-limited tolerance was published in the Federal Register of November 7, 2012 (77 FR 66715) (FRL-9366-8). Diflubenzuron. EPA has authorized under FIFRA section 18 the use of diflubenzuron on alfalfa grown for hay for control of Mormon crickets (Anabrus simplex) and grasshoppers (Family Acrididae, various spp.) in Wyoming. This regulation re-establishes time-limited tolerances for residues of the insecticide diflubenzuron, N-[[(4- chlorophenyl)amino]carbonyl] -2,6-difluorobenzamide, and its metabolites, p-chlorophenylurea and p-chloroaniline, in or on alfalfa forage and alfalfa hay at 6.0 ppm for an additional three-year period. These tolerances will expire and are revoked on December 31, 2017. The final rule originally establishing the time-limited tolerances was published in the Federal Register of November 28, 2008 (73 FR 72352) (FRL-8388-9). III. 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 United Nations 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 MRLs for fluridone on cotton or diflubenzuron on alfalfa. IV. Statutory and Executive Order Reviews This action establishes tolerances under FFDCA sections 408(e) and 408(l)(6). 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 action has been exempted from review under Executive Order 12866, this action 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 action 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 in accordance with FFDCA sections 408(e) and 408(l)(6), such as the tolerances 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 action 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 FFDCA section 408(n)(4). 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 action. In addition, this action does not impose any enforceable duty or contain any unfunded mandate as described under Title II of the Unfunded Mandates Reform Act (UMRA) (2 U.S.C. 1501 et seq.). 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 (NTTAA) (15 U.S.C. 272 note). V. Congressional Review Act Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.), 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 the rule in the Federal Register. This action 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: March 26, 2015. Susan Lewis, Director, Registration Division, Office of Pesticide Programs. 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. In Sec. 180.377, amend the table in paragraph (b) by revising the entries for ``Alfalfa, forage'' and ``Alfalfa, hay'' to read as follows: Sec. 180.377 Diflubenzuron; tolerances for residues. * * * * * (b) * * * ------------------------------------------------------------------------ Expiration/ Commodity Parts per revocation million date ------------------------------------------------------------------------ Alfalfa, forage............................ 6.0 12/31/2017 Alfalfa, hay............................... 6.0 12/31/2017 * * * * * ------------------------------------------------------------------------ * * * * * 0 3. In Sec. 180.420, revise the table in paragraph (b) to read as follows: Sec. 180.420 Fluridone; tolerances for residues. * * * * * (b) * * * ------------------------------------------------------------------------ Parts per Expiration/ Commodity million revocation date ------------------------------------------------------------------------ Cotton, undelinted seed.................. 0.1 12/31/2017 ------------------------------------------------------------------------ * * * * * [FR Doc. 2015-07624 Filed 4-2-15; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 80, No. 64 / Friday, April 3, 2015 / Rules and Regulations 18141
§ 80.1405 What are the Renewable Fuel relied upon the contracted volume of (ii) [Reserved]
Standards? biogas for the creation of RINs. * * * * *
* * * * * * * * * * ■ 4. Section 80.1456 is amended by
(d) The price for cellulosic biofuel (14) A producer or importer of revising paragraph (d)(3) to read as
waiver credits will be calculated in renewable fuel using giant reed (Arundo follows:
accordance with § 80.1456(d) and donax) or napier grass (Pennisetum
published on EPA’s Web site. purpureum) as a feedstock may generate § 80.1456 What are the provisions for
RINs for that renewable fuel if: cellulosic biofuel waiver credits?
■ 3. Section 80.1426 is amended by
revising paragraphs (f)(12) and (f)(14), (i) The feedstock is produced, * * * * *
and adding paragraph (f)(17) to read as managed, transported, collected, (d) * * *
follows: monitored, and processed according to (3) The inflation adjustment will be
a Risk Mitigation Plan approved by EPA calculated by comparing the Consumer
§ 80.1426 How are RINs generated and under the registration procedures Price Index for All Urban Consumers
assigned to batches of renewable fuel by specified in § 80.1450(b)(1)(x)(A); or, (CPI–U): U.S. City Average, Unadjusted
renewable fuel producers or importers? (ii) EPA has determined that there is Index for All Items expenditure category
* * * * * not a significant likelihood of spread as provided by the Bureau of Labor
(f) * * * beyond the planting area of the Statistics for June of the year preceding
(12) For purposes of Table 1 of this feedstock used for production of the the compliance period to the
section, process heat produced from renewable fuel. Any determination that comparable value reported for January
combustion of gas at a renewable fuel Arundo donax or Pennisetum 2009.
facility is considered derived from purpureum does not present a * * * * *
biomass if the gas is biogas. significant likelihood of spread beyond [FR Doc. 2015–07476 Filed 4–2–15; 8:45 am]
(i) For biogas directly transported to the planting area must be based upon BILLING CODE 6560–50–P
the facility without being placed in a clear and compelling evidence,
commercial distribution system, all of including information and supporting
the following conditions must be met: data submitted by the producer. Such a ENVIRONMENTAL PROTECTION
(A) The producer has entered into a determination must be made by EPA as AGENCY
written contract for the procurement of specified in § 80.1450(b)(1)(x)(B).
40 CFR Part 180
a specific volume of biogas with a * * * * *
specific heat content. (17)(i) For purposes of this section, [EPA–HQ–OPP–2015–0125; FRL–9924–40]
(B) The volume of biogas was sold to any renewable fuel other than ethanol,
the renewable fuel production facility, biodiesel, or renewable diesel that meets Extension of Tolerances for
and to no other facility. the ASTM D 975–13a Grade No. 1–D or Emergency Exemptions (Multiple
No. 2–D specifications (incorporated by Chemicals)
(C) The volume and heat content of
biogas injected into the pipeline and the reference, see § 80.1468) is considered AGENCY: Environmental Protection
volume of gas used as process heat are renewable fuel and the producer or Agency (EPA).
measured by continuous metering. importer may generate RINs for such
ACTION: Final rule.
(ii) For biogas that has been gathered, fuel only if all of the following apply:
processed and injected into a common (A) The fuel is produced from SUMMARY: This regulation extends or re-
carrier pipeline, all of the following renewable biomass and qualifies for a D establishes time-limited tolerances for
conditions must be met: code in Table 1 to this section or has residues of the pesticides fluridone in or
been otherwise approved by the on cotton undelinted seed, and
(A) The producer has entered into a
Administrator. diflubenzuron in or on alfalfa forage and
written contract for the procurement of
(B) The fuel producer or importer hay. These actions are in response to
a specific volume of biogas with a
maintains records demonstrating that EPA’s granting of emergency
specific heat content.
the fuel was produced for use as a exemptions under the Federal
(B) The volume of biogas was sold to transportation fuel, heating oil or jet fuel
the renewable fuel production facility, Insecticide, Fungicide, and Rodenticide
by any of the following: Act (FIFRA) authorizing use of these
and to no other facility. (1) Blending the renewable fuel into pesticides. In addition, the Federal
(C) The volume of biogas that is gasoline or diesel fuel to produce a Food, Drug, and Cosmetic Act (FFDCA)
withdrawn from the pipeline is transportation fuel, heating oil or jet fuel requires EPA to establish a time-limited
withdrawn in a manner and at a time that meets all applicable standards. tolerance or exemption from the
consistent with the transport of fuel (2) Entering into a written contract for requirement for a tolerance for pesticide
between the injection and withdrawal the sale of the renewable fuel, which chemical residues in food that will
points. specifies the purchasing party shall result from the use of a pesticide under
(D) The volume and heat content of blend the fuel into gasoline or diesel an emergency exemption granted by
biogas injected into the pipeline and the fuel to produce a transportation fuel, EPA.
volume of gas used as process heat are heating oil or jet fuel that meets all
measured by continuous metering. applicable standards. DATES: This regulation is effective April
(E) The common carrier pipeline into (3) Entering into a written contract for 3, 2015. Objections and requests for
hearings must be received on or before
asabaliauskas on DSK5VPTVN1PROD with RULES
which the biogas is placed ultimately the sale of the renewable fuel, which
serves the producer’s renewable fuel specifies that the fuel shall be used in June 2, 2015, and must be filed in
facility. its neat form as a transportation fuel, accordance with the instructions
(iii) The process heat produced from heating oil or jet fuel that meets all provided in 40 CFR part 178 (see also
combustion of gas at a renewable fuel applicable standards. Unit I.C. of the SUPPLEMENTARY
facility described in paragraph (f)(12)(i) (C) The fuel was sold for use in or as INFORMATION).
of this section shall not be considered a transportation fuel, heating oil, or jet ADDRESSES: The docket for this action,
derived from biomass if any other party fuel, and for no other purpose. identified by docket identification (ID)
VerDate Sep<11>2014 16:21 Apr 02, 2015 Jkt 235001 PO 00000 Frm 00059 Fmt 4700 Sfmt 4700 E:\FR\FM\03APR1.SGM 03APR1](https://thefederalregister.org/doc/80_FR_18205/page/1.svg)
![18142 Federal Register / Vol. 80, No. 64 / Friday, April 3, 2015 / Rules and Regulations
number EPA–HQ–OPP–2015–0125, is provided in 40 CFR part 178. To ensure providing notice or time for public
available at http://www.regulations.gov proper receipt by EPA, you must comment.
or at the Office of Pesticide Programs identify docket ID number EPA–HQ– EPA received requests to extend the
Regulatory Public Docket (OPP Docket) OPP–2015–0125 in the subject line on emergency use of these chemicals for
in the Environmental Protection Agency the first page of your submission. All this year’s growing season. After having
Docket Center (EPA/DC), West William requests must be in writing, and must be reviewed these submissions, EPA
Jefferson Clinton Bldg., Rm. 3334, 1301 received by the Hearing Clerk on or concurs that emergency conditions
Constitution Ave. NW., Washington, DC before June 2, 2015. Addresses for mail continue to exist. EPA assessed the
20460–0001. The Public Reading Room and hand delivery of objections and potential risks presented by residues for
is open from 8:30 a.m. to 4:30 p.m., hearing requests are provided in 40 CFR each chemical. In doing so, EPA
Monday through Friday, excluding legal 178.25(b). considered the safety standard in
holidays. The telephone number for the In addition to filing an objection or FFDCA section 408(b)(2), and decided
Public Reading Room is (202) 566–1744, hearing request with the Hearing Clerk that the necessary tolerance under
and the telephone number for the OPP as described in 40 CFR part 178, please FFDCA section 408(l)(6) would be
Docket is (703) 305–5805. Please review submit a copy of the filing (excluding consistent with the safety standard and
the visitor instructions and additional any Confidential Business Information with FIFRA section 18.
information about the docket available (CBI)) for inclusion in the public docket. The data and other material relevant
at http://www.epa.gov/dockets. Information not marked confidential to these safety findings have been
pursuant to 40 CFR part 2 may be evaluated and discussed in the final rule
FOR FURTHER INFORMATION CONTACT:
disclosed publicly by EPA without prior originally published to support these
Susan Lewis, Registration Division
notice. Submit the non-CBI copy of your uses. Based on that data and
(7505P), Office of Pesticide Programs,
objection or hearing request, identified information considered, the Agency
Environmental Protection Agency, 1200
by docket ID number EPA–HQ–OPP– again concludes that these time-limited
Pennsylvania Ave. NW., Washington,
2015–0125, by one of the following tolerances will continue to meet the
DC 20460–0001; main telephone
methods: requirements of FFDCA section
number: (703) 305–7090; email address:
• Federal eRulemaking Portal: http:// 408(l)(6). Therefore, the time-limited
RDFRNotices@epa.gov. www.regulations.gov. Follow the online tolerances are extended until December
SUPPLEMENTARY INFORMATION: instructions for submitting comments. 31, 2017. EPA will publish a document
I. General Information Do not submit electronically any in the Federal Register to remove the
information you consider to be CBI or revoked tolerances from the Code of
A. Does this action apply to me? other information whose disclosure is Federal Regulations (CFR). Although
You may be potentially affected by restricted by statute. these tolerances will expire and are
this action if you are an agricultural • Mail: OPP Docket, Environmental revoked on the date listed under FFDCA
producer, food manufacturer, or Protection Agency Docket Center (EPA/ section 408(l)(5), residues of the
pesticide manufacturer. The following DC), (28221T), 1200 Pennsylvania Ave. pesticide not in excess of the amounts
list of North American Industrial NW., Washington, DC 20460–0001. specified in the tolerance remaining in
Classification System (NAICS) codes is • Hand Delivery: To make special or on the commodity after that date will
not intended to be exhaustive, but rather arrangements for hand delivery or not be unlawful, provided the residue is
provides a guide to help readers delivery of boxed information, please present as a result of an application or
determine whether this document follow the instructions at http:// use of a pesticide at a time and in a
applies to them. Potentially affected www.epa.gov/dockets/contacts.html. manner that was lawful under FIFRA,
entities may include: Additional instructions on commenting the tolerance was in place at the time of
• Crop production (NAICS code 111). or visiting the docket, along with more the application, and the residue does
• Animal production (NAICS code information about dockets generally, is not exceed the level that was authorized
112). available at by the tolerance. EPA will take action to
• Food manufacturing (NAICS code http://www.epa.gov/dockets. revoke these tolerances earlier if any
311). experience with, scientific data on, or
II. Background and Statutory Findings
• Pesticide manufacturing (NAICS other relevant information on this
code 32532). EPA, on its own initiative, has pesticide indicate that the residues are
previously issued final rules under not safe.
B. How can I get electronic access to FFDCA section 408, 21 U.S.C. 346a, Tolerances for the use of the following
other related information? establishing time-limited tolerances for pesticide chemicals on specific
You may access a frequently updated fluridone, 1-methyl-3-phenyl-5-(3- commodities are being extended:
electronic version of 40 CFR part 180 (trifluoromethyl)phenyl)-4(1H)- Fluridone. EPA has authorized under
through the Government Publishing pyridone, in or on cotton undelinted FIFRA section 18 the emergency use of
Office’s e-CFR site at http:// seed, and for diflubenzuron, N-[[(4- fluridone on cotton for control of
www.ecfr.gov/cgi-bin/text- chlorophenyl)amino]carbonyl] -2,6- glyphosate-resistant Palmer amaranth in
idx?&c=ecfr&tpl=/ecfrbrowse/Title40/ difluorobenzamide, in or on alfalfa Arkansas, Georgia, Missouri, North
40tab_02.tpl. forage and hay. Carolina, South Carolina and Tennessee.
EPA established those tolerances This regulation re-establishes a time-
C. How can I file an objection or hearing because FFDCA section 408(l)(6) limited tolerance for residues of the
asabaliauskas on DSK5VPTVN1PROD with RULES
request? requires EPA to establish a time-limited herbicide fluridone, 1-methyl-3-phenyl-
Under FFDCA section 408(g), 21 tolerance or exemption from the 5-(3-(trifluoromethyl)phenyl)-4(1H)-
U.S.C. 346a, any person may file an requirement for a tolerance for pesticide pyridone, and its metabolites and
objection to any aspect of this regulation chemical residues in food that will degradates, determined as only the
and may also request a hearing on those result from the use of a pesticide under parent fluridone, in or on cotton,
objections. You must file your objection an emergency exemption granted by undelinted seed at 0.1 parts per million
or request a hearing on this regulation EPA under FIFRA section 18. Such (ppm) for an additional three-year
in accordance with the instructions tolerances can be established without period. This tolerance will expire and is
VerDate Sep<11>2014 19:55 Apr 02, 2015 Jkt 235001 PO 00000 Frm 00060 Fmt 4700 Sfmt 4700 E:\FR\FM\03APR1.SGM 03APR1](https://thefederalregister.org/doc/80_FR_18205/page/2.svg)
![Federal Register / Vol. 80, No. 64 / Friday, April 3, 2015 / Rules and Regulations 18143
revoked on December 31, 2017. The Regulations That Significantly Affect Senate, the U.S. House of
final rule originally establishing the Energy Supply, Distribution, or Use’’ (66 Representatives, and the Comptroller
time-limited tolerance was published in FR 28355, May 22, 2001) or Executive General of the United States prior to
the Federal Register of November 7, Order 13045, entitled ‘‘Protection of publication of the rule in the Federal
2012 (77 FR 66715) (FRL–9366–8). Children from Environmental Health Register. This action is not a ‘‘major
Diflubenzuron. EPA has authorized Risks and Safety Risks’’ (62 FR 19885, rule’’ as defined by 5 U.S.C. 804(2).
under FIFRA section 18 the use of April 23, 1997). This action does not
diflubenzuron on alfalfa grown for hay contain any information collections List of Subjects in 40 CFR Part 180
for control of Mormon crickets (Anabrus subject to OMB approval under the
simplex) and grasshoppers (Family Paperwork Reduction Act (PRA) (44 Environmental protection,
Acrididae, various spp.) in Wyoming. U.S.C. 3501 et seq.), nor does it require Administrative practice and procedure,
This regulation re-establishes time- any special considerations under Agricultural commodities, Pesticides
limited tolerances for residues of the Executive Order 12898, entitled and pests, Reporting and recordkeeping
insecticide diflubenzuron, N-[[(4- ‘‘Federal Actions to Address requirements.
chlorophenyl)amino]carbonyl] -2,6- Environmental Justice in Minority Dated: March 26, 2015.
difluorobenzamide, and its metabolites, Populations and Low-Income Susan Lewis,
p-chlorophenylurea and p- Populations’’ (59 FR 7629, February 16,
chloroaniline, in or on alfalfa forage and Director, Registration Division, Office of
1994).
Pesticide Programs.
alfalfa hay at 6.0 ppm for an additional Since tolerances and exemptions that
three-year period. These tolerances will are established in accordance with Therefore, 40 CFR chapter I is
expire and are revoked on December 31, FFDCA sections 408(e) and 408(l)(6), amended as follows:
2017. The final rule originally such as the tolerances in this final rule,
establishing the time-limited tolerances do not require the issuance of a PART 180—[AMENDED]
was published in the Federal Register of proposed rule, the requirements of the
November 28, 2008 (73 FR 72352) (FRL– Regulatory Flexibility Act (RFA) (5 ■ 1. The authority citation for part 180
8388–9). U.S.C. 601 et seq.) do not apply. continues to read as follows:
This action directly regulates growers,
III. International Residue Limits food processors, food handlers, and food Authority: 21 U.S.C. 321(q), 346a and 371.
In making its tolerance decisions, EPA retailers, not States or tribes, nor does ■ 2. In § 180.377, amend the table in
seeks to harmonize U.S. tolerances with this action alter the relationships or paragraph (b) by revising the entries for
international standards whenever distribution of power and
‘‘Alfalfa, forage’’ and ‘‘Alfalfa, hay’’ to
possible, consistent with U.S. food responsibilities established by Congress
safety standards and agricultural read as follows:
in the preemption provisions of FFDCA
practices. EPA considers the section 408(n)(4). As such, the Agency § 180.377 Diflubenzuron; tolerances for
international maximum residue limits has determined that this action will not residues.
(MRLs) established by the Codex have a substantial direct effect on States
* * * * *
Alimentarius Commission (Codex), as or tribal governments, on the
required by FFDCA section 408(b)(4). relationship between the national (b) * * *
The Codex Alimentarius is a joint government and the States or tribal
United Nations Food and Agriculture governments, or on the distribution of Parts per Expiration/rev-
Commodity million ocation date
Organization/World Health power and responsibilities among the
Organization food standards program, various levels of government or between Alfalfa, forage 6.0 12/31/2017
and it is recognized as an international the Federal Government and Indian Alfalfa, hay .... 6.0 12/31/2017
food safety standards-setting tribes. Thus, the Agency has determined
organization in trade agreements to that Executive Order 13132, entitled * * * * *
which the United States is a party. EPA ‘‘Federalism’’ (64 FR 43255, August 10,
may establish a tolerance that is 1999) and Executive Order 13175, * * * * *
different from a Codex MRL; however, entitled ‘‘Consultation and Coordination
FFDCA section 408(b)(4) requires that with Indian Tribal Governments’’ (65 FR ■ 3. In § 180.420, revise the table in
EPA explain the reasons for departing 67249, November 9, 2000) do not apply paragraph (b) to read as follows:
from the Codex level. to this action. In addition, this action
The Codex has not established MRLs does not impose any enforceable duty or § 180.420 Fluridone; tolerances for
for fluridone on cotton or diflubenzuron residues.
contain any unfunded mandate as
on alfalfa. described under Title II of the Unfunded * * * * *
IV. Statutory and Executive Order Mandates Reform Act (UMRA) (2 U.S.C. (b) * * *
Reviews 1501 et seq.).
This action does not involve any Parts per Expiration/rev-
This action establishes tolerances Commodity
technical standards that would require million ocation date
under FFDCA sections 408(e) and Agency consideration of voluntary
408(l)(6). The Office of Management and consensus standards pursuant to section Cotton,
Budget (OMB) has exempted these types 12(d) of the National Technology undelinted
asabaliauskas on DSK5VPTVN1PROD with RULES
of actions from review under Executive Transfer and Advancement Act seed .......... 0.1 12/31/2017
Order 12866, entitled ‘‘Regulatory (NTTAA) (15 U.S.C. 272 note).
Planning and Review’’ (58 FR 51735, * * * * *
October 4, 1993). Because this action V. Congressional Review Act [FR Doc. 2015–07624 Filed 4–2–15; 8:45 am]
has been exempted from review under Pursuant to the Congressional Review BILLING CODE 6560–50–P
Executive Order 12866, this action is Act (5 U.S.C. 801 et seq.), EPA will
not subject to Executive Order 13211, submit a report containing this rule and
entitled ‘‘Actions Concerning other required information to the U.S.
VerDate Sep<11>2014 16:21 Apr 02, 2015 Jkt 235001 PO 00000 Frm 00061 Fmt 4700 Sfmt 9990 E:\FR\FM\03APR1.SGM 03APR1](https://thefederalregister.org/doc/80_FR_18205/page/3.svg)
Document Created: 2015-12-18 15:28:23
Document Modified: 2015-12-18 15:28:23
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This regulation is effective April 3, 2015. Objections and requests for hearings must be received on or before June 2, 2015, and must be filed in accordance with the instructions provided in 40 CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION). | |
| Contact | Susan Lewis, Registration Division (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; main telephone | |
| FR Citation | 80 FR 18141 | |
| CFR Associated | Environmental Protection; Administrative Practice and Procedure; Agricultural Commodities; Pesticides and Pests and Reporting and Recordkeeping Requirements |
2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR