80_FR_21261 80 FR 21187 - Carbofuran; Reinstatement of Specific Tolerances and Removal of Expired Tolerances

80 FR 21187 - Carbofuran; Reinstatement of Specific Tolerances and Removal of Expired Tolerances

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 74 (April 17, 2015)

Page Range21187-21189
FR Document2015-08784

EPA is amending its regulations to reinstate four import tolerances for carbofuran, in order to comply with a DC Circuit decision and order vacating the Agency's revocation of those tolerances. EPA is also removing several carbofuran time-limited tolerances that have already expired. Because this action is being taken to conform the regulations to the court's order and to accurately reflect the current legal status of these tolerances, EPA is issuing this as a final order that is effective upon publication.

Federal Register, Volume 80 Issue 74 (Friday, April 17, 2015)
[Federal Register Volume 80, Number 74 (Friday, April 17, 2015)]
[Rules and Regulations]
[Pages 21187-21189]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-08784]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2005-0162; FRL-9925-70]


Carbofuran; Reinstatement of Specific Tolerances and Removal of 
Expired Tolerances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; Order reestablishing and amending tolerances.

-----------------------------------------------------------------------

SUMMARY: EPA is amending its regulations to reinstate four import 
tolerances for carbofuran, in order to comply with a DC Circuit 
decision and order vacating the Agency's revocation of those 
tolerances. EPA is also removing several carbofuran time-limited 
tolerances that have already expired. Because this action is being 
taken to conform the regulations to the court's order and to accurately 
reflect the current legal status of these tolerances, EPA is issuing 
this as a final order that is effective upon publication.

DATES: Effective April 17, 2015.

ADDRESSES: The docket for this action, identified by docket 
identification (ID) number EPA-HQ-OPP-2005-0162, 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: Joseph Nevola, Pesticide Re-Evaluation 
Division (7508P), Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-
0001; telephone number: (703) 308-8037; email address: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. 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).

II. What is the Agency's authority for taking this action?

    EPA is taking this action pursuant to the authority in section 
408(g)(2)(C) of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21 
U.S.C. 346a(g)(2)(C).

III. What action is the Agency taking?

    EPA is revising the tolerance regulations in title 40 of the Code 
of Federal Regulations (CFR) part 180 to reflect the reinstatement of 
four import tolerances for carbofuran, in compliance with a decision 
and order from the D.C. Circuit in National Corn Growers Association v. 
EPA, 613 F.3d 266 (D.C. Cir. 2010). EPA is also amending 40 CFR part 
180 to delete the listings of other carbofuran tolerances that have 
expired, and thus are no longer valid.

IV. Why is EPA taking this action?

    In the Federal Register of July 31, 2008 (73 FR 44864) (FRL-8373-
8), EPA proposed to revoke all carbofuran tolerances and provided a 60-
day public comment period. The revocations were based on an Agency 
determination that the risk from aggregate exposure from the use of 
carbofuran did not meet the safety standard of FFDCA section 408(b)(2). 
In the Federal Register of May 15, 2009 (74 FR 23046) (FRL-8413-3), EPA 
finalized the revocation of all of the carbofuran tolerances, effective 
December 31, 2009. During the objection period, the carbofuran 
registrant, FMC Corporation, and three grower associations (National 
Corn Growers Association, National Sunflower Association, and National 
Potato Council) submitted objections to EPA's tolerance revocations and 
requested an administrative hearing. EPA concluded that the regulatory 
standard for holding an evidentiary hearing had not been met and issued 
an order in the Federal Register of November 18, 2009 (74 FR 59608) 
(FRL-8797-6), which denied the objections and requests for hearing and 
included the Agency's reasons.
    FMC Corporation, in conjunction with the three grower associations, 
challenged EPA's decision in the Court of Appeals for the D.C. Circuit. 
The court upheld EPA's revocation of all carbofuran domestic tolerances 
and denial of the hearing requests, but vacated EPA's revocation of the 
four import tolerances (bananas, coffee, rice, and sugarcane). The 
Court of Appeals for the D.C. Circuit also denied the subsequent 
petition filed by FMC and

[[Page 21188]]

the three grower associations for rehearing and rehearing en banc. The 
petitioners appealed this decision to the Supreme Court. On May 31, 
2011, the Supreme Court declined to hear the request by FMC and the 
three grower associations to review EPA's 2009 decision to revoke all 
domestic tolerances for carbofuran, ending these legal challenges. For 
more information, see http://www.epa.gov/oppsrrd1/reregistration/carbofuran/carbofuran_noic.htm.
    Because the D.C. Circuit vacated EPA's revocation of the four 
import tolerances for carbofuran, they are in fact, currently in 
effect. EPA is revising the CFR to accurately reflect the current legal 
status of the four import tolerances by removing the expiration dates 
in their listings in 40 CFR 180.254(a). Specifically, EPA is removing 
the expiration date of December 31, 2009 associated with the carbofuran 
tolerances in 40 CFR 180.254(a) on banana; coffee, bean, green; rice, 
grain; and sugarcane, cane.
    Also, to eliminate potential confusion, EPA is removing other 
carbofuran tolerances that expired on December 31, 2009. Because these 
tolerances have expired, they are no longer legally valid. 
Consequently, EPA is deleting the following tolerances: (1) In 40 CFR 
180. 254(a) on alfalfa, forage (of which no more than 5 ppm are 
carbamates); alfalfa, hay (of which no more than 20 ppm are 
carbamates); barley, grain (of which no more than 0.1 ppm is 
carbamates); barley, straw (of which no more than 1.0 ppm is 
carbamates); beet, sugar, roots; beet, sugar, tops (of which no more 
than 1 ppm is carbamates); corn, field, forage (of which no more than 5 
ppm are carbamates); corn, field, grain (of which no more than 0.1 ppm 
is carbamates); corn, field, stover (of which no more than 5 ppm are 
carbamates); corn, pop, grain (of which no more than 0.1 ppm is 
carbamates); corn, pop, stover (of which no more than 5 ppm are 
carbamates); corn, sweet, forage (of which no more than 5 ppm are 
carbamates); corn, sweet, kernel plus cob with husks removed (of which 
no more than 0.2 ppm is carbamates); corn, sweet, stover (of which no 
more than 5 ppm are carbamates); cotton, undelinted seed (of which no 
more than 0.2 ppm is carbamates); cranberry (of which no more than 0.3 
ppm is carbamates); cucumber (of which no more than 0.2 ppm is 
carbamates); grape (of which no more than 0.2 ppm is carbamates); 
grape, raisin (of which no more than 1.0 ppm is carbamates); grape, 
raisin, waste (of which no more than 3.0 ppm are carbamates); melon (of 
which no more than 0.2 ppm is carbamates); milk (of which no more than 
0.02 ppm is carbamates); oat, grain (of which no more than 0.1 ppm is 
carbamates); oat, straw (of which no more than 1.0 ppm is carbamates); 
pepper (of which no more than 0.2 ppm is carbamates); potato (of which 
no more than 1 ppm is carbamates); pumpkin (of which no more than 0.6 
ppm is carbamates); rice, straw (of which no more than 0.2 ppm is 
carbamates); sorghum, forage (of which no more than 0.5 ppm is 
carbamates); sorghum, grain, grain; sorghum, grain, stover (of which no 
more than 0.5 ppm is carbamates); strawberry (of which no more than 0.2 
ppm is carbamates); soybean (of which no more than 0.2 ppm is 
carbamates); soybean, forage (of which no more than 20.0 ppm are 
carbamates); soybean, hay (of which no more than 20.0 ppm are 
carbamates); squash (of which no more than 0.6 ppm is carbamates); 
sunflower, seed (of which no more than 0.5 ppm is carbamates); wheat, 
grain (of which no more than 0.1 ppm is carbamates); and wheat, straw 
(of which no more than 1.0 ppm is carbamates); and (2) in 40 CFR 
180.254(c) on artichoke, globe (of which no more than 0.2 ppm is 
carbamates).

V. Why is this a final order?

    EPA is issuing a final order without providing either notice and an 
opportunity to comment, or an opportunity to raise objections. For a 
number of reasons, EPA has concluded that the issuance of a final order 
pursuant to FFDCA section 408(g)(2)(C) best reflects the current stage 
of the proceedings in this case, and is most appropriate to the 
circumstances under the applicable procedures of FFDCA section 408.
    With respect to the import tolerances, the court vacated only the 
portion of EPA's final order that related to the revocation of the four 
carbofuran import tolerances, not the entire underlying action 
rulemaking and objections process that preceded the order. EPA has 
already conducted the procedures required under FFDCA sections 408(e) 
and (g); the public has previously had an opportunity to comment on and 
raise objections to the EPA decisions reflected in the amendments to 
the CFR described in this document. The only revisions to the CFR 
relating to the import tolerances are those that are being taken merely 
to be consistent with the court's order, which left EPA with no 
discretion as to the actions necessary to implement the order. Finally, 
this action does not therefore affect the legal status or otherwise 
effect any substantive change to these tolerances, but merely amends 
the CFR to accurately reflect the present legal status of these 
tolerances. Because the D.C. Circuit's vacatur rendered EPA's 2009 
revocation action without effect, these tolerances are currently in 
effect.
    The deletion from the CFR of the carbofuran tolerances that have 
already expired presents essentially the same procedural and 
substantive case. EPA's action does not affect the legal status of 
these tolerances in any way. The deletion from the CFR of the currently 
expired carbofuran tolerances merely reflects the present legal status 
of these tolerances. In addition, EPA has already conducted the 
procedures required under FFDCA sections 408(e) and (g) to effectuate 
these revisions; the public has previously had an opportunity to 
comment on and raise objections to the EPA decision to establish the 
expiration dates for these particular tolerances (73 FR 44864, July 31, 
2008 (FRL-8373-8); 74 FR 23046, May 15, 2009 (FRL-8413-3); and 74 FR 
59608, November 18, 2009 (FRL-8797-6).

VI. When do these actions become effective?

    As stated in the DATES section of this document, this order and the 
corresponding changes to 40 CFR part 180 are effective April 17, 2015.

VII. Statutory and Executive Order Reviews

    In this action, EPA is amending 40 CFR part 180 to accurately 
reflect the current legal status of a number of carbofuran tolerances 
by means of an order and not a rule (21 U.S.C. 346a(f)(1)(C)). Under 
the Administrative Procedure Act (APA), orders are expressly excluded 
from the definition of a rule (5 U.S.C. 551(4)). Accordingly, the 
regulatory assessment requirements imposed on a rulemaking do not apply 
to this order, as explained further in the following discussion.
    Because this order is not a ``regulatory action'' as that term is 
defined in Executive Order 12866, entitled Regulatory Planning and 
Review (58 FR 51735, October 4, 1993), this action is not subject to 
review by the Office of Management and Budget (OMB) under Executive 
Orders 12866 and 13563, entitled Improving Regulation and Regulatory 
Review (76 FR 3821, January 21, 2011). As a result, this action is not 
subject to Executive Order 13045, entitled Protection of Children from 
Environmental Health Risks and Safety Risks (62 FR 19885, April 23, 
1997), and Executive Order 13211 entitled Actions Concerning 
Regulations That Significantly Affect Energy Supply, Distribution, or 
Use (66 FR 28355, May 22, 2001). In addition, since this order

[[Page 21189]]

is not a rule under the APA (5 U.S.C. 551(4)), and does 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 does not contain any information collections or impose 
additional burdens that require approval by OMB under the Paperwork 
Reduction Act (PRA) (44 U.S.C. 3501 et seq.). Nor does this order 
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).
    This order 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 State 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 order. In addition, this 
order does not impose any enforceable duty or contain any unfunded 
mandate as described in the Unfunded Mandates Reform Act (UMRA) (2 
U.S.C. 1531-1538).

VIII. Congressional Review Act (CRA)

    The CRA (5 U.S.C. 801 et seq.) does not apply to this action 
because this order n is not a rule as that term is defined in 5 U.S.C. 
804(3). EPA will, however, submit a courtesy copy of this document to 
each House of the Congress and to the Comptroller General of the United 
States.

List of Subjects in 40 CFR Part 180

    Environmental protection, Administrative practice and procedure, 
Agricultural commodities, Pesticides and pests, Reporting and 
recordkeeping requirements.

    Dated: April 9, 2015.
Jack E. Housenger,
Director, 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.  180.254, revise the table in paragraph (a) and revise 
paragraph (c) to read as follows:


Sec.  180.254  Carbofuran; tolerances for residues.

    (a) * * *

------------------------------------------------------------------------
                      Commodity                        Parts per million
------------------------------------------------------------------------
Banana \1\...........................................                0.1
Coffee, bean, green \1\..............................                0.1
Rice, grain \1\......................................                0.2
Sugarcane, cane \1\..................................                0.1
------------------------------------------------------------------------
\1\ There are no U.S. registrations for use of carbofuran on these
  commodities.

* * * * *
    (c) Tolerances with regional registrations. [Reserved]
* * * * *
[FR Doc. 2015-08784 Filed 4-16-15; 8:45 am]
 BILLING CODE 6560-50-P



                                                                          Federal Register / Vol. 80, No. 74 / Friday, April 17, 2015 / Rules and Regulations                                                     21187

                                                                                                   EPA-APPROVED MICHIGAN REGULATIONS—Continued
                                                                                                                             State
                                                      Michigan citation                          Title                      effective                   EPA Approval date                        Comments
                                                                                                                              date

                                                              *                        *                        *                           *                       *                      *                  *

                                                                                                                                Local Regulations


                                                              *                        *                        *                           *                       *                      *                  *

                                                  Wayne County Air            Wayne County Air Pollution Con-                    3/20/69        4/17/15, [insert Federal Register     All except for Section 6.3 (A–H)
                                                   Pollution Control           trol Regulations.                                                  citation].
                                                   Regulations.


                                                              *                        *                        *                           *                       *                      *                  *



                                                  *       *       *       *      *                            and the telephone number for the OPP                       Circuit in National Corn Growers
                                                  [FR Doc. 2015–08888 Filed 4–16–15; 8:45 am]                 Docket is (703) 305–5805. Please review                    Association v. EPA, 613 F.3d 266 (D.C.
                                                  BILLING CODE 6560–50–P                                      the visitor instructions and additional                    Cir. 2010). EPA is also amending 40 CFR
                                                                                                              information about the docket available                     part 180 to delete the listings of other
                                                                                                              at http://www.epa.gov/dockets.                             carbofuran tolerances that have expired,
                                                  ENVIRONMENTAL PROTECTION                                    FOR FURTHER INFORMATION CONTACT:                           and thus are no longer valid.
                                                  AGENCY                                                      Joseph Nevola, Pesticide Re-Evaluation                     IV. Why is EPA taking this action?
                                                  40 CFR Part 180                                             Division (7508P), Office of Pesticide
                                                                                                              Programs, Environmental Protection                           In the Federal Register of July 31,
                                                  [EPA–HQ–OPP–2005–0162; FRL–9925–70]                         Agency, 1200 Pennsylvania Ave. NW.,                        2008 (73 FR 44864) (FRL–8373–8), EPA
                                                                                                              Washington, DC 20460–0001; telephone                       proposed to revoke all carbofuran
                                                  Carbofuran; Reinstatement of Specific                       number: (703) 308–8037; email address:                     tolerances and provided a 60-day public
                                                  Tolerances and Removal of Expired                           nevola.joseph@epa.gov.                                     comment period. The revocations were
                                                  Tolerances                                                                                                             based on an Agency determination that
                                                                                                              SUPPLEMENTARY INFORMATION:
                                                  AGENCY:  Environmental Protection                                                                                      the risk from aggregate exposure from
                                                  Agency (EPA).                                               I. Does this action apply to me?                           the use of carbofuran did not meet the
                                                  ACTION: Final rule; Order reestablishing                       You may be potentially affected by                      safety standard of FFDCA section
                                                  and amending tolerances.                                    this action if you are an agricultural                     408(b)(2). In the Federal Register of May
                                                                                                              producer, food manufacturer, or                            15, 2009 (74 FR 23046) (FRL–8413–3),
                                                  SUMMARY:   EPA is amending its                              pesticide manufacturer. The following                      EPA finalized the revocation of all of the
                                                  regulations to reinstate four import                        list of North American Industrial                          carbofuran tolerances, effective
                                                  tolerances for carbofuran, in order to                      Classification System (NAICS) codes is                     December 31, 2009. During the objection
                                                  comply with a DC Circuit decision and                       not intended to be exhaustive, but rather                  period, the carbofuran registrant, FMC
                                                  order vacating the Agency’s revocation                      provides a guide to help readers                           Corporation, and three grower
                                                  of those tolerances. EPA is also                            determine whether this document                            associations (National Corn Growers
                                                  removing several carbofuran time-                           applies to them. Potentially affected                      Association, National Sunflower
                                                  limited tolerances that have already                        entities may include:                                      Association, and National Potato
                                                  expired. Because this action is being                          • Crop production (NAICS code 111).                     Council) submitted objections to EPA’s
                                                  taken to conform the regulations to the                        • Animal production (NAICS code                         tolerance revocations and requested an
                                                  court’s order and to accurately reflect                     112).                                                      administrative hearing. EPA concluded
                                                  the current legal status of these                              • Food manufacturing (NAICS code                        that the regulatory standard for holding
                                                  tolerances, EPA is issuing this as a final                  311).                                                      an evidentiary hearing had not been met
                                                  order that is effective upon publication.                      • Pesticide manufacturing (NAICS                        and issued an order in the Federal
                                                  DATES: Effective April 17, 2015.                            code 32532).                                               Register of November 18, 2009 (74 FR
                                                  ADDRESSES: The docket for this action,                                                                                 59608) (FRL–8797–6), which denied the
                                                  identified by docket identification (ID)                    II. What is the Agency’s authority for                     objections and requests for hearing and
                                                  number EPA–HQ–OPP–2005–0162, is                             taking this action?                                        included the Agency’s reasons.
                                                  available at http://www.regulations.gov                       EPA is taking this action pursuant to                      FMC Corporation, in conjunction with
                                                  or at the Office of Pesticide Programs                      the authority in section 408(g)(2)(C) of                   the three grower associations,
                                                  Regulatory Public Docket (OPP Docket)                       the Federal Food, Drug, and Cosmetic                       challenged EPA’s decision in the Court
                                                  in the Environmental Protection Agency                      Act (FFDCA), 21 U.S.C. 346a(g)(2)(C).                      of Appeals for the D.C. Circuit. The
asabaliauskas on DSK5VPTVN1PROD with RULES




                                                  Docket Center (EPA/DC), West William                                                                                   court upheld EPA’s revocation of all
                                                  Jefferson Clinton Bldg., Rm. 3334, 1301                     III. What action is the Agency taking?                     carbofuran domestic tolerances and
                                                  Constitution Ave. NW., Washington, DC                         EPA is revising the tolerance                            denial of the hearing requests, but
                                                  20460–0001. The Public Reading Room                         regulations in title 40 of the Code of                     vacated EPA’s revocation of the four
                                                  is open from 8:30 a.m. to 4:30 p.m.,                        Federal Regulations (CFR) part 180 to                      import tolerances (bananas, coffee, rice,
                                                  Monday through Friday, excluding legal                      reflect the reinstatement of four import                   and sugarcane). The Court of Appeals
                                                  holidays. The telephone number for the                      tolerances for carbofuran, in compliance                   for the D.C. Circuit also denied the
                                                  Public Reading Room is (202) 566–1744,                      with a decision and order from the D.C.                    subsequent petition filed by FMC and


                                             VerDate Sep<11>2014      16:14 Apr 16, 2015   Jkt 235001    PO 00000   Frm 00035    Fmt 4700       Sfmt 4700   E:\FR\FM\17APR1.SGM   17APR1


                                                  21188                Federal Register / Vol. 80, No. 74 / Friday, April 17, 2015 / Rules and Regulations

                                                  the three grower associations for                       than 0.2 ppm is carbamates); milk (of                 accurately reflect the present legal status
                                                  rehearing and rehearing en banc. The                    which no more than 0.02 ppm is                        of these tolerances. Because the D.C.
                                                  petitioners appealed this decision to the               carbamates); oat, grain (of which no                  Circuit’s vacatur rendered EPA’s 2009
                                                  Supreme Court. On May 31, 2011, the                     more than 0.1 ppm is carbamates); oat,                revocation action without effect, these
                                                  Supreme Court declined to hear the                      straw (of which no more than 1.0 ppm                  tolerances are currently in effect.
                                                  request by FMC and the three grower                     is carbamates); pepper (of which no                      The deletion from the CFR of the
                                                  associations to review EPA’s 2009                       more than 0.2 ppm is carbamates);                     carbofuran tolerances that have already
                                                  decision to revoke all domestic                         potato (of which no more than 1 ppm                   expired presents essentially the same
                                                  tolerances for carbofuran, ending these                 is carbamates); pumpkin (of which no                  procedural and substantive case. EPA’s
                                                  legal challenges. For more information,                 more than 0.6 ppm is carbamates); rice,               action does not affect the legal status of
                                                  see http://www.epa.gov/oppsrrd1/                        straw (of which no more than 0.2 ppm                  these tolerances in any way. The
                                                  reregistration/carbofuran/carbofuran_                   is carbamates); sorghum, forage (of                   deletion from the CFR of the currently
                                                  noic.htm.                                               which no more than 0.5 ppm is                         expired carbofuran tolerances merely
                                                     Because the D.C. Circuit vacated                     carbamates); sorghum, grain, grain;                   reflects the present legal status of these
                                                  EPA’s revocation of the four import                     sorghum, grain, stover (of which no                   tolerances. In addition, EPA has already
                                                  tolerances for carbofuran, they are in                  more than 0.5 ppm is carbamates);                     conducted the procedures required
                                                  fact, currently in effect. EPA is revising              strawberry (of which no more than 0.2                 under FFDCA sections 408(e) and (g) to
                                                  the CFR to accurately reflect the current               ppm is carbamates); soybean (of which                 effectuate these revisions; the public has
                                                  legal status of the four import tolerances              no more than 0.2 ppm is carbamates);                  previously had an opportunity to
                                                  by removing the expiration dates in                     soybean, forage (of which no more than                comment on and raise objections to the
                                                  their listings in 40 CFR 180.254(a).                    20.0 ppm are carbamates); soybean, hay                EPA decision to establish the expiration
                                                  Specifically, EPA is removing the                       (of which no more than 20.0 ppm are                   dates for these particular tolerances (73
                                                  expiration date of December 31, 2009                    carbamates); squash (of which no more                 FR 44864, July 31, 2008 (FRL–8373–8);
                                                  associated with the carbofuran                          than 0.6 ppm is carbamates); sunflower,               74 FR 23046, May 15, 2009 (FRL–8413–
                                                  tolerances in 40 CFR 180.254(a) on                      seed (of which no more than 0.5 ppm is                3); and 74 FR 59608, November 18, 2009
                                                  banana; coffee, bean, green; rice, grain;               carbamates); wheat, grain (of which no                (FRL–8797–6).
                                                  and sugarcane, cane.                                    more than 0.1 ppm is carbamates); and
                                                     Also, to eliminate potential confusion,                                                                    VI. When do these actions become
                                                                                                          wheat, straw (of which no more than 1.0               effective?
                                                  EPA is removing other carbofuran                        ppm is carbamates); and (2) in 40 CFR
                                                  tolerances that expired on December 31,                 180.254(c) on artichoke, globe (of which                 As stated in the DATES section of this
                                                  2009. Because these tolerances have                     no more than 0.2 ppm is carbamates).                  document, this order and the
                                                  expired, they are no longer legally valid.                                                                    corresponding changes to 40 CFR part
                                                  Consequently, EPA is deleting the                       V. Why is this a final order?                         180 are effective April 17, 2015.
                                                  following tolerances: (1) In 40 CFR 180.                  EPA is issuing a final order without
                                                                                                                                                                VII. Statutory and Executive Order
                                                  254(a) on alfalfa, forage (of which no                  providing either notice and an
                                                                                                                                                                Reviews
                                                  more than 5 ppm are carbamates);                        opportunity to comment, or an
                                                  alfalfa, hay (of which no more than 20                  opportunity to raise objections. For a                  In this action, EPA is amending 40
                                                  ppm are carbamates); barley, grain (of                  number of reasons, EPA has concluded                  CFR part 180 to accurately reflect the
                                                  which no more than 0.1 ppm is                           that the issuance of a final order                    current legal status of a number of
                                                  carbamates); barley, straw (of which no                 pursuant to FFDCA section 408(g)(2)(C)                carbofuran tolerances by means of an
                                                  more than 1.0 ppm is carbamates); beet,                 best reflects the current stage of the                order and not a rule (21 U.S.C.
                                                  sugar, roots; beet, sugar, tops (of which               proceedings in this case, and is most                 346a(f)(1)(C)). Under the Administrative
                                                  no more than 1 ppm is carbamates);                      appropriate to the circumstances under                Procedure Act (APA), orders are
                                                  corn, field, forage (of which no more                   the applicable procedures of FFDCA                    expressly excluded from the definition
                                                  than 5 ppm are carbamates); corn, field,                section 408.                                          of a rule (5 U.S.C. 551(4)). Accordingly,
                                                  grain (of which no more than 0.1 ppm                      With respect to the import tolerances,              the regulatory assessment requirements
                                                  is carbamates); corn, field, stover (of                 the court vacated only the portion of                 imposed on a rulemaking do not apply
                                                  which no more than 5 ppm are                            EPA’s final order that related to the                 to this order, as explained further in the
                                                  carbamates); corn, pop, grain (of which                 revocation of the four carbofuran import              following discussion.
                                                  no more than 0.1 ppm is carbamates);                    tolerances, not the entire underlying                   Because this order is not a ‘‘regulatory
                                                  corn, pop, stover (of which no more                     action rulemaking and objections                      action’’ as that term is defined in
                                                  than 5 ppm are carbamates); corn,                       process that preceded the order. EPA                  Executive Order 12866, entitled
                                                  sweet, forage (of which no more than 5                  has already conducted the procedures                  Regulatory Planning and Review (58 FR
                                                  ppm are carbamates); corn, sweet,                       required under FFDCA sections 408(e)                  51735, October 4, 1993), this action is
                                                  kernel plus cob with husks removed (of                  and (g); the public has previously had                not subject to review by the Office of
                                                  which no more than 0.2 ppm is                           an opportunity to comment on and raise                Management and Budget (OMB) under
                                                  carbamates); corn, sweet, stover (of                    objections to the EPA decisions                       Executive Orders 12866 and 13563,
                                                  which no more than 5 ppm are                            reflected in the amendments to the CFR                entitled Improving Regulation and
                                                  carbamates); cotton, undelinted seed (of                described in this document. The only                  Regulatory Review (76 FR 3821, January
                                                  which no more than 0.2 ppm is                           revisions to the CFR relating to the                  21, 2011). As a result, this action is not
                                                  carbamates); cranberry (of which no                     import tolerances are those that are                  subject to Executive Order 13045,
asabaliauskas on DSK5VPTVN1PROD with RULES




                                                  more than 0.3 ppm is carbamates);                       being taken merely to be consistent with              entitled Protection of Children from
                                                  cucumber (of which no more than 0.2                     the court’s order, which left EPA with                Environmental Health Risks and Safety
                                                  ppm is carbamates); grape (of which no                  no discretion as to the actions necessary             Risks (62 FR 19885, April 23, 1997), and
                                                  more than 0.2 ppm is carbamates);                       to implement the order. Finally, this                 Executive Order 13211 entitled Actions
                                                  grape, raisin (of which no more than 1.0                action does not therefore affect the legal            Concerning Regulations That
                                                  ppm is carbamates); grape, raisin, waste                status or otherwise effect any                        Significantly Affect Energy Supply,
                                                  (of which no more than 3.0 ppm are                      substantive change to these tolerances,               Distribution, or Use (66 FR 28355, May
                                                  carbamates); melon (of which no more                    but merely amends the CFR to                          22, 2001). In addition, since this order


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                                                                       Federal Register / Vol. 80, No. 74 / Friday, April 17, 2015 / Rules and Regulations                                             21189

                                                  is not a rule under the APA (5 U.S.C.                     Dated: April 9, 2015.                                   Robert.Holcombe@gsa.gov for
                                                  551(4)), and does not require the                       Jack E. Housenger,                                        clarification of content. For information
                                                  issuance of a proposed rule, the                        Director, Office of Pesticide Programs.                   pertaining to status or publication
                                                  requirements of the Regulatory                                                                                    schedules contact the Regulatory
                                                                                                            Therefore, 40 CFR chapter I is
                                                  Flexibility Act (RFA) (5 U.S.C. 601 et                                                                            Secretariat at 202–501–4755. Please cite
                                                                                                          amended as follows:
                                                  seq.) do not apply.                                                                                               FMR Case 2014–102–3.
                                                     This action does not contain any                     PART 180—[AMENDED]                                        SUPPLEMENTARY INFORMATION:
                                                  information collections or impose                                                                                 A. Background
                                                                                                          ■ 1. The authority citation for part 180
                                                  additional burdens that require approval                continues to read as follows:
                                                  by OMB under the Paperwork                                                                                           Every three years, GSA is required to
                                                  Reduction Act (PRA) (44 U.S.C. 3501 et                      Authority: 21 U.S.C. 321(q), 346a and 371.            redefine the ‘‘minimal value’’ of foreign
                                                  seq.). Nor does this order require any                  ■ 2. In § 180.254, revise the table in                    gifts under 5 U.S.C. 7342. In order for
                                                  special considerations under Executive                  paragraph (a) and revise paragraph (c) to                 GSA to consult with the Secretary of
                                                  Order 12898, entitled Federal Actions to                read as follows:                                          State and publish this revised figure as
                                                  Address Environmental Justice in                                                                                  closely to the effective date (January 1st)
                                                  Minority Populations and Low-Income                     § 180.254 Carbofuran; tolerances for                      as possible, the redefined values will be
                                                                                                          residues.                                                 published in a Federal Management
                                                  Populations (59 FR 7629, February 16,
                                                  1994).                                                        (a) * * *                                           Regulation (FMR) Bulletin at
                                                                                                                                                                    www.gsa.gov/personalpropertypolicy.
                                                     This order directly regulates growers,                         Commodity                  Parts per million
                                                  food processors, food handlers, and food                                                                             In addition, the definition of minimal
                                                  retailers, not States or tribes; nor does               Banana 1 .........................                  0.1   value is being amended to state that an
                                                                                                          Coffee, bean, green 1 .....                         0.1   employing agency may, by regulation,
                                                  this action alter the relationships or
                                                                                                          Rice, grain 1 ....................                  0.2   define ‘‘minimal value’’ for its agency
                                                  distribution of power and
                                                                                                          Sugarcane, cane 1 ..........                        0.1   employees to be less than the GSA
                                                  responsibilities established by Congress
                                                                                                            1 There are no U.S. registrations for use of            definition, in accordance with 5 U.S.C.
                                                  in the preemption provisions of FFDCA                                                                             7342(a)(5)(B).
                                                  section 408(n)(4). As such, the Agency                  carbofuran on these commodities.
                                                  has determined that this action will not                *     *     *     *    *                                     Finally, the term and definition of
                                                  have a substantial direct effect on States                (c) Tolerances with regional                            ‘‘spouse’’ is added to FMR part 102–42.
                                                                                                          registrations. [Reserved]                                 Section 3 of the Defense of Marriage Act
                                                  or tribal governments, on the
                                                                                                                                                                    (DOMA), codified at 1 U.S.C. 7,
                                                  relationship between the national                       *     *     *     *    *
                                                                                                                                                                    provided that, when used in a Federal
                                                  government and the State or tribal                      [FR Doc. 2015–08784 Filed 4–16–15; 8:45 am]
                                                                                                                                                                    law, the term ‘‘spouse’’ referred only to
                                                  governments, or on the distribution of                  BILLING CODE 6560–50–P
                                                                                                                                                                    a person of the opposite sex who is a
                                                  power and responsibilities among the                                                                              husband or a wife. Because of DOMA,
                                                  various levels of government or between                                                                           the Federal Government has been
                                                  the Federal Government and Indian                       GENERAL SERVICES                                          heretofore prohibited from recognizing
                                                  tribes. Thus the Agency has determined                  ADMINISTRATION                                            marriages of same-sex couples for all
                                                  that Executive Order 13132, entitled                                                                              Federal purposes, including asset
                                                  Federalism (64 FR 43255, August 10,                     41 CFR Part 102–42
                                                                                                                                                                    management policies. On June 26, 2013,
                                                  1999), and Executive Order 13175,                       [FMR Change 2015–02; FMR Case 2014–                       in United States v. Windsor, 570 U.S. 12
                                                  entitled Consultation and Coordination                  102–3; Docket No. 2014–0019; Sequence                     (2013), 133 S. Ct. 2675 (2013), the
                                                  with Indian Tribal Governments (65 FR                   No. 1]                                                    Supreme Court of the United States
                                                  67249, November 9, 2000), do not apply                  RIN 3090–AJ49                                             (Supreme Court) held Section 3 of
                                                  to this order. In addition, this order does                                                                       DOMA unconstitutional. As a result,
                                                  not impose any enforceable duty or                      Federal Management Regulation;                            GSA is adding the definition of the term
                                                  contain any unfunded mandate as                         Utilization, Donation, and Disposal of                    ‘‘spouse’’ to this part for clarity. This
                                                  described in the Unfunded Mandates                      Foreign Gifts and Decorations                             case is included in GSA’s retrospective
                                                  Reform Act (UMRA) (2 U.S.C. 1531–                                                                                 review of existing regulations under
                                                                                                          AGENCY:  Office of Government-wide
                                                  1538).                                                                                                            Executive Order 13563. Additional
                                                                                                          Policy, General Services
                                                                                                                                                                    information is located in GSA’s
                                                  VIII. Congressional Review Act (CRA)                    Administration.
                                                                                                                                                                    retrospective review (2014) available at:
                                                                                                          ACTION: Final rule.                                       www.gsa.gov/improvingregulations.
                                                    The CRA (5 U.S.C. 801 et seq.) does
                                                  not apply to this action because this                   SUMMARY:    The General Services                          B. Changes
                                                  order n is not a rule as that term is                   Administration (GSA) is amending the
                                                  defined in 5 U.S.C. 804(3). EPA will,                   Federal Management Regulation (FMR).                        This final rule:
                                                  however, submit a courtesy copy of this                 This amendment changes the means by                         (1) Changes the means by which GSA
                                                  document to each House of the Congress                  which GSA publishes the redefined                         publishes updates to the definition of
                                                  and to the Comptroller General of the                   foreign gift minimal value rates and                      ‘‘minimal value’’ and makes the
                                                  United States.                                          adds the term and definition of                           information available to the public;
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                                                                                                          ‘‘spouse’’.                                                 (2) Adds the term and a definition for
                                                  List of Subjects in 40 CFR Part 180
                                                                                                          DATES:     Effective: April 17, 2015.                     the term ‘‘spouse’’ to 41 CFR part 102–
                                                    Environmental protection,                             FOR FURTHER INFORMATION CONTACT:  Mr.                     42; and
                                                  Administrative practice and procedure,                  Robert Holcombe, Office of                                  (3) Changes the citations in the
                                                  Agricultural commodities, Pesticides                    Government-wide Policy, Office of                         authority section to reflect the
                                                  and pests, Reporting and recordkeeping                  Asset and Transportation Management                       codification of Title 40, United States
                                                  requirements.                                           (MA), at 202–501–3828 or by email at                      Code, into positive law.


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Document Created: 2015-12-18 11:19:52
Document Modified: 2015-12-18 11:19:52
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule; Order reestablishing and amending tolerances.
DatesEffective April 17, 2015.
ContactJoseph Nevola, Pesticide Re-Evaluation Division (7508P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-
FR Citation80 FR 21187 
CFR AssociatedEnvironmental Protection; Administrative Practice and Procedure; Agricultural Commodities; Pesticides and Pests and Reporting and Recordkeeping Requirements

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