80 FR 22418 - Saflufenacil; Pesticide Tolerances

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 77 (April 22, 2015)

Page Range		22418-22420
FR Document		2015-09394
This regulation establishes tolerances for residues of saflufenacil in or on alfalfa, forage and alfalfa, hay. BASF Corporation requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).
Federal Register, Volume 80 Issue 77 (Wednesday, April 22, 2015)
[Federal Register Volume 80, Number 77 (Wednesday, April 22, 2015)]
[Rules and Regulations]
[Pages 22418-22420]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-09394]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2014-0339; FRL-9923-57]


Saflufenacil; Pesticide Tolerances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: This regulation establishes tolerances for residues of 
saflufenacil in or on alfalfa, forage and alfalfa, hay. BASF 
Corporation requested these tolerances under the Federal Food, Drug, 
and Cosmetic Act (FFDCA).

DATES: This regulation is effective April 22, 2015. Objections and 
requests for hearings must be received on or before June 22, 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) number EPA-HQ-OPP-2014-0339, 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: [email protected].

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 EPA's 
tolerance regulations at 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

[[Page 22419]]

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-2014-0339 in the 
subject line on the first page of your submission. All objections and 
requests for a hearing must be in writing, and must be received by the 
Hearing Clerk on or before June 22, 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-2014-0339, 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. Summary of Petitioned-For Tolerance

    In the Federal Register of August 1, 2014 (79 FR 44729) (FRL-9911-
67), EPA issued a document pursuant to FFDCA section 408(d)(3), 21 
U.S.C. 346a(d)(3), announcing the filing of a pesticide petition (PP 
4F8256) by BASF Corporation, 26 Davis Drive, P.O. Box 13528, Research 
Triangle Park, NC 27709-3528. The petition requested that 40 CFR part 
180 be amended by establishing tolerances for residues of the herbicide 
saflufenacil (2-chloro-5-[3,6-dihydro-3-methyl-2,6-dioxo-4-
(trifluoromethyl)-1(2H)-pyrimidinyl]-4-fluoro-N-[[methyl(1-
methylethyl)amino]sulfonyl]benzamide) and its metabolites, N-[2-chloro-
5-(2,6-dioxo-4-(trifluoromethyl)-3,6-dihydro-1(2H)-pyrimidinyl)-4-
fluorobenzoyl]-N'-isopropylsulfamide and N-[4-chloro-2-fluoro-5-
({[(isopropylamino)sulfonyl]amino{time} carbonyl)phenyl]urea, 
calculated as the stoichiometric equivalent of saflufenacil, in or on 
alfalfa, forage at 0.075 parts per million (ppm) and alfalfa, hay at 
0.10 ppm. That document referenced a summary of the petition prepared 
by BASF Corporation, the registrant, which is available in the docket, 
http://www.regulations.gov. There were no comments received in response 
to the notice of filing.
    Based upon review of the data supporting the petition, EPA agrees 
with the tolerance levels proposed by BASF Corporation for alfalfa 
commodities with the minor exception of a rounding adjustment for the 
alfalfa, forage tolerance from 0.075 ppm to 0.80 ppm.

III. Aggregate Risk Assessment and Determination of Safety

    Section 408(b)(2)(A)(i) of FFDCA allows EPA to establish a 
tolerance (the legal limit for a pesticide chemical residue in or on a 
food) only if EPA determines that the tolerance is ``safe.'' Section 
408(b)(2)(A)(ii) of FFDCA defines ``safe'' to mean that ``there is a 
reasonable certainty that no harm will result from aggregate exposure 
to the pesticide chemical residue, including all anticipated dietary 
exposures and all other exposures for which there is reliable 
information.'' This includes exposure through drinking water and in 
residential settings, but does not include occupational exposure. 
Section 408(b)(2)(C) of FFDCA requires EPA to give special 
consideration to exposure of infants and children to the pesticide 
chemical residue in establishing a tolerance and to ``ensure that there 
is a reasonable certainty that no harm will result to infants and 
children from aggregate exposure to the pesticide chemical residue. . . 
.''
    Consistent with FFDCA section 408(b)(2)(D), and the factors 
specified in FFDCA section 408(b)(2)(D), EPA has reviewed the available 
scientific data and other relevant information in support of this 
action. EPA has sufficient data to assess the hazards of and to make a 
determination on aggregate exposure for saflufenacil including exposure 
resulting from the tolerances established by this action. EPA's 
assessment of exposures and risks associated with saflufenacil follows.
    EPA has evaluated the available toxicity data and considered its 
validity, completeness, and reliability as well as the relationship of 
the results of the studies to human risk. EPA has also considered 
available information concerning the variability of the sensitivities 
of major identifiable subgroups of consumers, including infants and 
children.
    The toxicology database for the saflufenacil is considered complete 
for the purpose of risk assessment. In the Federal Register of 
September 3, 2014 (79 FR 52215) (FRL-9912-91), EPA published a final 
rule establishing tolerances for residues of saflufenacil and its 
metabolites in or on barley, grass, olive, livestock, and wheat 
commodities based on EPA's conclusion that aggregate exposure to 
saflufenacil is safe for the general population, including infants and 
children. Since that rulemaking, the toxicity profile for saflufenacil 
has not changed. The requested tolerances will not result in residues 
on human food commodities, only animal feed. The available residue data 
submitted for use in alfalfa indicates that the dietary burden for 
livestock will not change from the current levels that were previously 
assessed for use in grass pastures. Therefore, the residues of 
saflufenicil on alfalfa from the proposed new use will not impact the 
existing human dietary and aggregate risk assessments for saflufenacil. 
For a detailed discussion of the aggregate risk assessments and 
determination of safety, as well as a summary of the toxicological 
endpoints used for human risk assessment, please refer to the final 
rules published in the Federal Register of February 21, 2014 (79 FR 
9861) (FRL-9905-87) and September 3, 2014 (79 FR 52215) (FRL-9912-91). 
EPA relies upon those supporting risk assessments and the findings made 
in the Federal Register documents in support of this final rule.
    Based on the risk assessments and information described above, EPA 
concludes that there is a reasonable certainty that no harm will result 
to the general population or to infants and children from aggregate 
exposure to saflufenacil residues.

IV. Other Considerations

A. Analytical Enforcement Methodology

    Adequate enforcement methodology (liquid chromatography/mass 
spectroscopy/mass spectroscopy (LC-MS/MS) (Method D0603/04)) is 
available to enforce the tolerance expression.
    The method may be requested from: Chief, Analytical Chemistry 
Branch, Environmental Science Center, 701 Mapes Rd., Ft. Meade, MD 
20755-5350; telephone number: (410) 305-2905;

[[Page 22420]]

email address: [email protected].

B. 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 a MRL for saflufenacil in or on alfalfa, forage or alfalfa, 
hay at this time.

C. Revisions to Petitioned-For Tolerances

    EPA has modified the tolerance level proposed for alfalfa, forage, 
from 0.075 ppm to 0.08 ppm, which is the appropriate rounding class 
according to the tolerance calculation procedures of the Organization 
for Economic Co-operation and Development (OECD) that EPA utilizes.

 V. Conclusion

    Therefore, tolerances are established for residues of, saflufenacil 
and its metabolites, in or on alfalfa, forage at 0.08 ppm and alfalfa, 
hay at 0.10 ppm.

VI. Statutory and Executive Order Reviews

    This action establishes tolerances under FFDCA section 408(d) in 
response to a petition submitted to the Agency. The Office of 
Management and Budget (OMB) has exempted these types of actions from 
review under Executive Order 12866, entitled ``Regulatory Planning and 
Review'' (58 FR 51735, October 4, 1993). Because this 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 on the basis 
of a petition under FFDCA section 408(d), such as the tolerance in this 
final rule, do not require the issuance of a proposed rule, the 
requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et 
seq.), do not apply.
    This 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).

VII. 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: April 9, 2015.
Susan T. 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.  180.649, add alphabetically the commodities to the table in 
paragraph (a)(1) to read as follows:


Sec.  180.649  Saflufenacil; tolerances for residues.

    (a) General. (1) * * *

------------------------------------------------------------------------
                                                             Parts per
                        Commodity                             million
------------------------------------------------------------------------
Alfalfa, forage.........................................            0.08
Alfalfa, hay............................................            0.10
 
                              * * * * * * *
------------------------------------------------------------------------

* * * * *
[FR Doc. 2015-09394 Filed 4-21-15; 08:45 am]
BILLING CODE 6560-50-P
22418 Federal Register / Vol. 80, No. 77 / Wednesday, April 22, 2015 / Rules and Regulations

fee payable under Section 119(b)(1)(B) (b) * * * Unit I.C. of the SUPPLEMENTARY
‘‘to reflect any changes occurring in the (1) * * * INFORMATION).
cost of living as determined by the most (vi) 2015: 27 cents per subscriber per ADDRESSES: The docket for this action,
recent Consumer Price Index (for all month (for each month of 2015).1 identified by docket identification (ID)
consumers and for all items) [CPI–U] (2) * * * number EPA–HQ–OPP–2014–0339, is
published by the Secretary of Labor (vi) 2015: 56 cents per subscriber per available at http://www.regulations.gov
before December 1 of the preceding month (for each month of 2015).2 or at the Office of Pesticide Programs
year.’’ Section 119 also requires that Dated: April 16, 2015. Regulatory Public Docket (OPP Docket)
‘‘[n]otification of the adjusted fees shall Suzanne M. Barnett, in the Environmental Protection Agency
be published in the Federal Register at Docket Center (EPA/DC), West William
Chief Copyright Royalty Judge.
least 25 days before January 1.’’ 17 Jefferson Clinton Bldg., Rm. 3334, 1301
[FR Doc. 2015–09284 Filed 4–21–15; 8:45 am]
U.S.C. 119(c)(2). Today’s notice fulfills Constitution Ave. NW., Washington, DC
this notice obligation.2 BILLING CODE 1410–72–P
20460–0001. The Public Reading Room
The change in the cost of living as is open from 8:30 a.m. to 4:30 p.m.,
determined by the CPI–U during the Monday through Friday, excluding legal
period from the most recent index ENVIRONMENTAL PROTECTION
holidays. The telephone number for the
published before December 1, 2013, to AGENCY
Public Reading Room is (202) 566–1744,
the most recent index published before and the telephone number for the OPP
December 1, 2014, is 1.7%.3 Application 40 CFR Part 90
Docket is (703) 305–5805. Please review
of the 1.7% COLA to the current rate for Control of Emissions From Nonroad the visitor instructions and additional
the secondary transmission of broadcast Spark-Ignition Engines at or Below 19 information about the docket available
stations by satellite carriers for private Kilowatts at http://www.epa.gov/dockets.
home viewing—27 cents per subscriber FOR FURTHER INFORMATION CONTACT:
per month — results in a rate of 27 cents CFR Correction Susan Lewis, Registration Division
per subscriber per month (rounded to (7505P), Office of Pesticide Programs,
the nearest cent). See 37 CFR ■ In Title 40 of the Code of Federal
Regulations, Parts 87 to 95, revised as of Environmental Protection Agency, 1200
386.2(b)(1). Application of the 1.7% Pennsylvania Ave. NW., Washington,
COLA to the current rate for viewing in July 1, 2014, on page 199, in § 90.116,
after paragraph (a) and before the first DC 20460–0001; main telephone
commercial establishments—55 cents number: (703) 305–7090; email address:
per subscriber per month—results in an paragraph (1), add paragraph (b)
introductory text to read as follows: ‘‘(b) RDFRNotices@epa.gov.
adjusted rate of 56 cents per subscriber
Engines will be divided into classes by SUPPLEMENTARY INFORMATION:
per month (rounded to the nearest cent).
See 37 CFR 386.2(b)(2). the following:’’. I. General Information
[FR Doc. 2015–09241 Filed 4–21–15; 8:45 am]
List of Subjects in 37 CFR Part 386 BILLING CODE 1505–01–D
A. Does this action apply to me?
Copyright, Satellite, Television. You may be potentially affected by
this action if you are an agricultural
Final Regulations ENVIRONMENTAL PROTECTION producer, food manufacturer, or
In consideration of the foregoing, the AGENCY pesticide manufacturer. The following
Judges amend part 386 of title 37 of the list of North American Industrial
Code of Federal Regulations as follows: 40 CFR Part 180 Classification System (NAICS) codes is
[EPA–HQ–OPP–2014–0339; FRL–9923–57] not intended to be exhaustive, but rather
PART 386—ADJUSTMENT OF provides a guide to help readers
ROYALTY FEES FOR SECONDARY Saflufenacil; Pesticide Tolerances determine whether this document
TRANSMISSIONS BY SATELLITE applies to them. Potentially affected
CARRIERS AGENCY: Environmental Protection
entities may include:
Agency (EPA). • Crop production (NAICS code 111).
■ 1. The authority citation for part 386 ACTION: Final rule. • Animal production (NAICS code
continues to read as follows: 112).
Authority: 17 U.S.C. 119(c), 801(b)(1). SUMMARY: This regulation establishes • Food manufacturing (NAICS code
tolerances for residues of saflufenacil in 311).
■ 2. Section 386.2 is amended by adding
paragraphs (b)(1)(vi) and (b)(2)(vi) to
or on alfalfa, forage and alfalfa, hay. • Pesticide manufacturing (NAICS
BASF Corporation requested these code 32532).
read as follows: tolerances under the Federal Food,
§ 386.2 Royalty fee for secondary Drug, and Cosmetic Act (FFDCA). B. How can I get electronic access to
transmission by satellite carriers. other related information?
DATES: This regulation is effective April
* * * * * 22, 2015. Objections and requests for You may access a frequently updated
hearings must be received on or before electronic version of EPA’s tolerance
2 Given passage of the act extending the Section
June 22, 2015, and must be filed in regulations at 40 CFR part 180 through
119 license in December 2014, publication of the accordance with the instructions the Government Publishing Office’s e-
rate adjustment 25 days prior to January 1, 2015, CFR site at http://www.ecfr.gov/cgi-bin/
would have been impracticable, if not impossible. provided in 40 CFR part 178 (see also
text-idx?&c=ecfr&tpl=/ecfrbrowse/
mstockstill on DSK4VPTVN1PROD with RULES

On March 30, 2015, the Judges published notice of
the commencement of a proceeding to set rates 1 This is the 2014 rate adjusted for the amount of Title40/40tab_02.tpl.
under section 119 of the Copyright Act, but inflation as measured by the change in the
subsequently withdrew the notice after determining Consumer Price Index for All Urban Consumers All C. How can I file an objection or hearing
that the reauthorization of STELA obviated the need Items from October 2013 to October 2014. request?
for a rate proceeding. 2 This is the 2014 rate adjusted for the amount of
3 On November 20, 2014, the Bureau of Labor inflation as measured by the change in the
Under FFDCA section 408(g), 21
Statistics announced that the CPI–U increased 1.7% Consumer Price Index for All Urban Consumers All U.S.C. 346a, any person may file an
over the last 12 months. Items from October 2013 to October 2014. objection to any aspect of this regulation

VerDate Sep<11>2014 18:54 Apr 21, 2015 Jkt 235001 PO 00000 Frm 00062 Fmt 4700 Sfmt 4700 E:\FR\FM\22APR1.SGM 22APR1
22420 Federal Register / Vol. 80, No. 77 / Wednesday, April 22, 2015 / Rules and Regulations

email address: residuemethods@ of actions from review under Executive entitled ‘‘Consultation and Coordination
epa.gov. Order 12866, entitled ‘‘Regulatory with Indian Tribal Governments’’ (65 FR
Planning and Review’’ (58 FR 51735, 67249, November 9, 2000) do not apply
B. International Residue Limits
October 4, 1993). Because this action to this action. In addition, this action
In making its tolerance decisions, EPA has been exempted from review under does not impose any enforceable duty or
seeks to harmonize U.S. tolerances with Executive Order 12866, this action is contain any unfunded mandate as
international standards whenever not subject to Executive Order 13211, described under Title II of the Unfunded
possible, consistent with U.S. food entitled ‘‘Actions Concerning Mandates Reform Act (UMRA) (2 U.S.C.
safety standards and agricultural Regulations That Significantly Affect 1501 et seq.).
practices. EPA considers the Energy Supply, Distribution, or Use’’ (66 This action does not involve any
international maximum residue limits FR 28355, May 22, 2001) or Executive technical standards that would require
(MRLs) established by the Codex Order 13045, entitled ‘‘Protection of Agency consideration of voluntary
Alimentarius Commission (Codex), as Children from Environmental Health consensus standards pursuant to section
required by FFDCA section 408(b)(4). Risks and Safety Risks’’ (62 FR 19885, 12(d) of the National Technology
The Codex Alimentarius is a joint April 23, 1997). This action does not Transfer and Advancement Act
United Nations Food and Agriculture contain any information collections (NTTAA) (15 U.S.C. 272 note).
Organization/World Health subject to OMB approval under the
Organization food standards program, Paperwork Reduction Act (PRA) (44 VII. Congressional Review Act
and it is recognized as an international U.S.C. 3501 et seq.), nor does it require Pursuant to the Congressional Review
food safety standards-setting any special considerations under Act (5 U.S.C. 801 et seq.), EPA will
organization in trade agreements to Executive Order 12898, entitled submit a report containing this rule and
which the United States is a party. EPA ‘‘Federal Actions to Address other required information to the U.S.
may establish a tolerance that is Environmental Justice in Minority Senate, the U.S. House of
different from a Codex MRL; however, Populations and Low-Income Representatives, and the Comptroller
FFDCA section 408(b)(4) requires that Populations’’ (59 FR 7629, February 16, General of the United States prior to
EPA explain the reasons for departing 1994). publication of the rule in the Federal
from the Codex level. The Codex has not Since tolerances and exemptions that Register. This action is not a ‘‘major
established a MRL for saflufenacil in or are established on the basis of a petition rule’’ as defined by 5 U.S.C. 804(2).
on alfalfa, forage or alfalfa, hay at this under FFDCA section 408(d), such as
the tolerance in this final rule, do not List of Subjects in 40 CFR Part 180
time.
require the issuance of a proposed rule, Environmental protection,
C. Revisions to Petitioned-For the requirements of the Regulatory Administrative practice and procedure,
Tolerances Flexibility Act (RFA) (5 U.S.C. 601 et Agricultural commodities, Pesticides
EPA has modified the tolerance level seq.), do not apply. and pests, Reporting and recordkeeping
proposed for alfalfa, forage, from 0.075 This action directly regulates growers, requirements.
ppm to 0.08 ppm, which is the food processors, food handlers, and food
Dated: April 9, 2015.
appropriate rounding class according to retailers, not States or tribes, nor does
Susan T. Lewis,
the tolerance calculation procedures of this action alter the relationships or
distribution of power and Director, Registration Division, Office of
the Organization for Economic Co- Pesticide Programs.
operation and Development (OECD) that responsibilities established by Congress
EPA utilizes. in the preemption provisions of FFDCA Therefore, 40 CFR chapter I is
section 408(n)(4). As such, the Agency amended as follows:
V. Conclusion has determined that this action will not
Therefore, tolerances are established have a substantial direct effect on States PART 180—[AMENDED]
for residues of, saflufenacil and its or tribal governments, on the
relationship between the national ■ 1. The authority citation for part 180
metabolites, in or on alfalfa, forage at
government and the States or tribal continues to read as follows:
0.08 ppm and alfalfa, hay at 0.10 ppm.
governments, or on the distribution of Authority: 21 U.S.C. 321(q), 346a and 371.
VI. Statutory and Executive Order power and responsibilities among the
Reviews ■ 2. In § 180.649, add alphabetically the
various levels of government or between commodities to the table in paragraph
This action establishes tolerances the Federal Government and Indian (a)(1) to read as follows:
under FFDCA section 408(d) in tribes. Thus, the Agency has determined
response to a petition submitted to the that Executive Order 13132, entitled § 180.649 Saflufenacil; tolerances for
Agency. The Office of Management and ‘‘Federalism’’ (64 FR 43255, August 10, residues.
Budget (OMB) has exempted these types 1999) and Executive Order 13175, (a) General. (1) * * *

Parts per
Commodity million

Alfalfa, forage ....................................................................................................................................................................................... 0.08
Alfalfa, hay ........................................................................................................................................................................................... 0.10
mstockstill on DSK4VPTVN1PROD with RULES

* * * * * * *

* * * * *
[FR Doc. 2015–09394 Filed 4–21–15; 08:45 am]
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VerDate Sep<11>2014 18:54 Apr 21, 2015 Jkt 235001 PO 00000 Frm 00064 Fmt 4700 Sfmt 9990 E:\FR\FM\22APR1.SGM 22APR1
Document Created: 2015-12-16 08:27:24
Document Modified: 2015-12-16 08:27:24
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 22, 2015. Objections and requests for hearings must be received on or before June 22, 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 22418
CFR Associated		Environmental Protection; Administrative Practice and Procedure; Agricultural Commodities; Pesticides and Pests and Reporting and Recordkeeping Requirements