80 FR 45435 - Zeta-Cypermethrin; Pesticide Tolerances

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 146 (July 30, 2015)

Page Range		45435-45438
FR Document		2015-18737

This regulation amends the tolerances for residues of zeta- cypermethrin in or on corn, field, forage; corn, field, stover; and corn, pop, stover. FMC Corporation requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

Federal Register, Volume 80 Issue 146 (Thursday, July 30, 2015)

[Federal Register Volume 80, Number 146 (Thursday, July 30, 2015)]
[Rules and Regulations]
[Pages 45435-45438]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2015-18737]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2014-0889; FRL-9929-74]

Zeta-Cypermethrin; Pesticide Tolerances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: This regulation amends the tolerances for residues of zeta-
cypermethrin in or on corn, field, forage; corn, field, stover; and
corn, pop, stover. FMC Corporation requested these tolerances under the
Federal Food, Drug, and Cosmetic Act (FFDCA).

DATES: This regulation is effective July 30, 2015. Objections and
requests for hearings must be received on or before September 28, 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-2014-0889, 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

[[Page 45436]]

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
Printing 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-2014-0889 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
September 28, 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-2014-0889, 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 January 28, 2015 (80 FR 4525) (FRL-9921-
55), 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
4F8290) by FMC Corporation, 1735 Market St., Philadelphia, PA 19103.
The petition requested to amend the tolerances in 40 CFR 180.418 for
residues of the insecticide zeta-cypermethrin, S-cyano (3-
phenoxyphenyl) methyl ())(cis-trans 3-(2-2-
dichloroethenyl)-2,2 dimethylcyclopropanecarboxylate, in or on corn,
field, forage from 0.2 parts per million (ppm) to 9.0 ppm; corn, field,
stover from 3.0 ppm to 30.0 ppm; and corn, pop, stover from 3.0 ppm to
30.0 ppm. That document referenced a summary of the petition prepared
by FMC Corporation, the registrant, which is available in the docket,
http://www.regulations.gov. Comments were received on the notice of
filing. EPA's response to these comments is discussed in Unit IV.C.
Instead of the proposed tolerances in field corn stover (30.0 ppm)
and popcorn stover (30.0 ppm), the Agency is establishing the
tolerances at 30 ppm. The Agency establishes tolerances using whole
numbers for tolerances of 10 ppm or more, per the OECD's User Guide
ENV/JM/MONO (2011)2 for the OECD tolerance calculation procedure.

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 zeta-cypermethrin including
exposure resulting from the tolerances established by this action.
EPA's assessment of exposures and risks associated with zeta-
cypermethrin follows.
Zeta-cypermethrin is an enriched isomer of the pyrethroid
insecticide cypermethrin. In addition, alpha-cypermethrin is also an
enriched isomer of cypermethrin. Although cypermethrin, zeta-
cypermethrin, and alpha-cypermethrin are separate active ingredients
with different end-use products, they are included together in the
hazard evaluation for the purpose of human health risk assessment. The
toxicology database for the cypermethrins includes studies with
cypermethrin and both of its enriched isomers, and is considered
complete for the purpose of risk assessment.
The aggregate risk assessment for zeta-cypermethrin must consider
potential exposure from all cypermethrins (i.e., cypermethrin, zeta-
cypermethrin, and alpha-cypermethrin), since the three active
ingredients are considered to be essentially the same from the
mammalian toxicity perspective. The revised tolerances are associated
with decreased pre-harvest intervals (PHIs) for field corn and
popcorn--from 30 days for grain and stover and 60 days for forage to 7
days for all these commodities--and have no impact on the existing
dietary exposure assessment for the cypermethrins. Corn forage and
stover are livestock feed items and are not directly entered into the
dietary exposure assessment, and EPA has determined that the existing
tolerances for livestock commodities are adequate to support the
changed use pattern. The existing zeta-cypermethrin use on corn was
included in previous dietary exposure assessments. Decreasing the PHI
and increasing the zeta-cypermethrin tolerances for field corn forage,
field corn stover, and popcorn stover will have no impact on the
dietary risk estimates, as they are already covered in the existing
dietary assessment.
In the final rule published in the Federal Register of December 7,
2012

[[Page 45437]]

(77 FR 72975) (FRL-9371-7), EPA established tolerances for residues of
zeta-cypermethrin in multiple commodities. Since the publication of
that final rule, the toxicity profile of zeta-cypermethrin has not
changed, and since the revised tolerances associated with decreased
PHIs for field corn and popcorn have no impact on the existing dietary
and aggregate risk determinations, the risk assessments that supported
the establishment of the zeta-cypermethrin tolerances published in the
December 7, 2012 Federal Register final rule remain valid. Therefore,
EPA is relying on those risk assessments in order to support the
revised tolerances for zeta-cypermethrin in field corn forage, field
corn stover, and popcorn stover.
An updated aggregate risk assessment was not needed to support the
proposed increased tolerances for residues in field corn forage, field
corn stover, and popcorn stover, and the increased tolerances will not
result in a change in the previously estimated dietary (food and water)
or residential exposure estimates for zeta-cypermethrin. For a detailed
discussion of the aggregate risk assessments and determination of
safety, refer to the December 7, 2012 Federal Register final rule and
its supporting documents, available at http://www.regulations.gov in
docket ID number EPA-HQ-OPP-2010-0472. EPA is relying on those
supporting risk assessments and findings to support this final rule.
Based on the risk assessments and information described in this
unit, 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 zeta-cypermethrin residues. Additional
information can be found in the document: ``Zeta-Cypermethrin--Human
Health Risk Assessment for a Petition to Amend (Increase) the
Established Tolerances for the Insecticide in Field Corn and Popcorn
Stover, and in Field Corn Forage,'' available in docket ID number EPA-
HQ-OPP-2014-0889.

IV. Other Considerations

A. Analytical Enforcement Methodology

Adequate tolerance enforcement methods are available in Pesticide
Analytical Manual (PAM) Volume II for determining residues of alpha-
cypermethrin, cypermethrin, and zeta-cypermethrin in plant (Method I)
and livestock (Method II) commodities. Both methods are gas
chromatographic methods with electron-capture detection (GC/ECD), and
have undergone successful Agency petition method validations (PMVs).
These methods are not stereospecific; thus no distinction is made
between residues of cypermethrin (all 8 stereoisomers), alpha-
cypermethrin (enriched in 2 isomers), and zeta-cypermethrin (enriched
in 4 isomers). The January 1994 Food and Drug Administration (FDA)
PESTDATA database (PAM Volume I) indicates that residues of
cypermethrin are completely recovered (>80%) using multi-residue method
sections 302 (Luke), 303 (Mills, Onley, and Gaither), and 304 (Mills
fatty food).

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.
There are no Codex MRLs for cypermethrin, which includes both
alpha- and zeta-cypermethrin, established in corn forage or stover.

C. Response to Comments

One comment was received from the general public, urging the Agency
to deny the request. The commenter particularly addressed toxicity to
bees and other insects, and human toxicological and reproductive
effects.
The Agency understands the commenter's concerns, and recognizes
that some individuals believe that certain pesticide chemicals should
not be permitted in food. Regarding effects to bees and other insects,
the safety standard for approving tolerances under section 408 of FFDCA
focuses on potential harms to human health and does not permit
consideration of effects on other species or the environment. The
existing legal framework provided by section 408 of FFDCA states that
tolerances may be set when persons seeking such tolerances or
exemptions have demonstrated that the pesticide meets the safety
standard imposed by that statute. When new or amended tolerances are
requested for residues of a pesticide in food or feed, the Agency, as
is required by Section 408 of FFDCA, estimates the risk of the
potential exposure to these residues by performing an aggregate risk
assessment. Such a risk assessment integrates the individual
assessments that are conducted for food, drinking water, and
residential exposures. Additionally, the Agency, as is further required
by Section 408 of the FFDCA, considers available information concerning
what are termed the cumulative toxicological effects of the residues of
that pesticide and of other substances having a common mechanism of
toxicity. Therefore, these assessments consider both exposure and
toxicological effects--including information concerning the
reproductive effects of the pesticide--in reaching a conclusion as to
whether or not the reasonable certainty of no harm decision can be
made. The Agency has concluded after this assessment that there is a
reasonable certainty that no harm will result from exposure to the
residues of zeta-cypermethrin. Therefore, the proposed tolerances are
found to be acceptable.

V. Conclusion

Therefore, tolerances are established for residues of zeta-
cypermethrin, S-cyano (3-phenoxyphenyl) methyl ())(cis-
trans 3-(2-2-dichloroethenyl)-2,2 dimethylcyclopropanecarboxylate, in
or on corn, field, forage at 9.0 ppm; corn, field, stover at 30 ppm;
and corn, pop, stover at 30 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

[[Page 45438]]

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: July 22, 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. 180.418, revise the entries for ``corn, field, forage,''
``corn, field, stover,'' and ``corn, pop, stover'' in the table in
paragraph (a)(2) to read as follows:

Sec. 180.418 Cypermethrin and isomers alpha-cypermethrin and zeta-
cypermethrin; tolerances for residues.

(a) * * *
(2) * * *

------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------

* * * * *
Corn, field, forage..................................... 9.0
------------------------------------------------------------------------

* * * * *
Corn, field, stover..................................... 30
------------------------------------------------------------------------

* * * * *
Corn, pop, stover....................................... 30
------------------------------------------------------------------------

* * * * *
------------------------------------------------------------------------

* * * * *
[FR Doc. 2015-18737 Filed 7-29-15; 8:45 am]
BILLING CODE 6560-50-P

Federal Register / Vol. 80, No. 146 / Thursday, July 30, 2015 / Rules and Regulations 45435

country, the rule does not have tribal action must be filed in the United States reference, Particulate matter, Reporting
implications and will not impose Court of Appeals for the appropriate and recordkeeping requirements.
substantial direct costs on tribal circuit by September 28, 2015. Filing a Authority: 42 U.S.C. 7401 et seq.
governments or preempt tribal law as petition for reconsideration by the
specified by Executive Order 13175 (65 Administrator of this final rule does not Dated: July 8, 2015.
FR 67249, November 9, 2000). affect the finality of this action for the Dennis J. McLerran,
The Congressional Review Act, 5 purposes of judicial review, nor does it Regional Administrator, Region 10.
U.S.C. 801 et seq., as added by the Small extend the time within which a petition
Business Regulatory Enforcement for judicial review may be filed, and 40 CFR part 52 is amended as follows:
Fairness Act of 1996, generally provides shall not postpone the effectiveness of PART 52—APPROVAL AND
that before a rule may take effect, the such rule or action. Parties with PROMULGATION OF
agency promulgating the rule must objections to this direct final rule are IMPLEMENTATION PLANS
submit a rule report, which includes a encouraged to file a comment in
copy of the rule, to each House of the response to the parallel notice of
Congress and to the Comptroller General ■ 1. The authority citation for part 52
proposed rulemaking for this action
of the United States. The EPA will continues to read as follows:
published in the proposed rules section
submit a report containing this action of the Federal Register, rather than file Authority: 42 U.S.C. 7401 et seq.
and other required information to the an immediate petition for judicial
U.S. Senate, the U.S. House of review of this direct final rule, so that Subpart MM—Oregon
Representatives, and the Comptroller the EPA can withdraw this direct final
General of the United States prior to rule and address the comment in the ■ 2. In § 52.1970, paragraph (e), the
publication of the rule in the Federal proposed rulemaking. This action may table entitled ‘‘State of Oregon Air
Register. A major rule cannot take effect not be challenged later in proceedings to Quality Control Program’’ is amended
until 60 days after it is published in the enforce its requirements. (See section by adding a new entry for ‘‘Section 4’’
Federal Register. This action is not a 307(b)(2).) to read as follows:
‘‘major rule’’ as defined by 5 U.S.C. § 52.1970 Identification of plan.
804(2). List of Subjects in 40 CFR Part 52
Under section 307(b)(1) of the CAA, Environmental protection, Air * * * * *
petitions for judicial review of this pollution control, Incorporation by (e) * * *

STATE OF OREGON AIR QUALITY CONTROL PROGRAM
State
SIP citation Title/subject effective EPA approval date Explanations
date

* * * * * * *
Section 4 ...................................... Grants Pass Second 10-Year 4/16/2015 7/30/2015 .....................................
PM10 Limited Maintenance [Insert Federal Register citation].
Plan.

* * * * * * *

* * * * * DATES: This regulation is effective July Docket is (703) 305–5805. Please review
[FR Doc. 2015–18354 Filed 7–29–15; 8:45 am] 30, 2015. Objections and requests for the visitor instructions and additional
BILLING CODE 6560–50–P hearings must be received on or before information about the docket available
September 28, 2015, and must be filed at http://www.epa.gov/dockets.
in accordance with the instructions FOR FURTHER INFORMATION CONTACT:
ENVIRONMENTAL PROTECTION provided in 40 CFR part 178 (see also Susan Lewis, Registration Division
AGENCY Unit I.C. of the SUPPLEMENTARY (7505P), Office of Pesticide Programs,
INFORMATION). Environmental Protection Agency, 1200
40 CFR Part 180
Pennsylvania Ave. NW., Washington,
ADDRESSES: The docket for this action, DC 20460–0001; main telephone
[EPA–HQ–OPP–2014–0889; FRL–9929–74] identified by docket identification (ID) number: (703) 305–7090; email address:
number EPA–HQ–OPP–2014–0889, is RDFRNotices@epa.gov.
Zeta-Cypermethrin; Pesticide
available at http://www.regulations.gov
Tolerances SUPPLEMENTARY INFORMATION:
or at the Office of Pesticide Programs
AGENCY: Environmental Protection Regulatory Public Docket (OPP Docket) I. General Information
Agency (EPA). in the Environmental Protection Agency
Docket Center (EPA/DC), West William A. Does this action apply to me?
ACTION: Final rule.
Jefferson Clinton Bldg., Rm. 3334, 1301 You may be potentially affected by
SUMMARY: This regulation amends the Constitution Ave. NW., Washington, DC this action if you are an agricultural
Lhorne on DSK7TPTVN1PROD with RULES

tolerances for residues of zeta- 20460–0001. The Public Reading Room producer, food manufacturer, or
cypermethrin in or on corn, field, is open from 8:30 a.m. to 4:30 p.m., pesticide manufacturer. The following
forage; corn, field, stover; and corn, pop, Monday through Friday, excluding legal list of North American Industrial
stover. FMC Corporation requested holidays. The telephone number for the Classification System (NAICS) codes is
these tolerances under the Federal Food, Public Reading Room is (202) 566–1744, not intended to be exhaustive, but rather
Drug, and Cosmetic Act (FFDCA). and the telephone number for the OPP provides a guide to help readers

VerDate Sep<11>2014 17:16 Jul 29, 2015 Jkt 235001 PO 00000 Frm 00041 Fmt 4700 Sfmt 4700 E:\FR\FM\30JYR1.SGM 30JYR1

45438 Federal Register / Vol. 80, No. 146 / Thursday, July 30, 2015 / Rules and Regulations

any special considerations under and pests, Reporting and recordkeeping document. ISK Biosciences Corporation
Executive Order 12898, entitled requirements. requested these tolerances under the
‘‘Federal Actions to Address Dated: July 22, 2015. Federal Food, Drug, and Cosmetic Act
Environmental Justice in Minority Susan Lewis, (FFDCA).
Populations and Low-Income DATES: This regulation is effective July
Director, Registration Division, Office of
Populations’’ (59 FR 7629, February 16, Pesticide Programs. 30, 2015. Objections and requests for
1994). hearings must be received on or before
Therefore, 40 CFR chapter I is
Since tolerances and exemptions that
amended as follows: September 28, 2015, and must be filed
are established on the basis of a petition
in accordance with the instructions
under FFDCA section 408(d), such as PART 180—[AMENDED] provided in 40 CFR part 178 (see also
the tolerance in this final rule, do not
Unit I.C. of the SUPPLEMENTARY
require the issuance of a proposed rule, ■ 1. The authority citation for part 180 INFORMATION).
the requirements of the Regulatory continues to read as follows:
Flexibility Act (RFA) (5 U.S.C. 601 et The docket for this action,
ADDRESSES:
Authority: 21 U.S.C. 321(q), 346a and 371.
seq.), do not apply. identified by docket identification (ID)
This action directly regulates growers, ■ 2. In § 180.418, revise the entries for number EPA–HQ–OPP–2013–0138, is
food processors, food handlers, and food ‘‘corn, field, forage,’’ ‘‘corn, field, available at http://www.regulations.gov
retailers, not States or tribes, nor does stover,’’ and ‘‘corn, pop, stover’’ in the or at the Office of Pesticide Programs
this action alter the relationships or table in paragraph (a)(2) to read as Regulatory Public Docket (OPP Docket)
distribution of power and follows: in the Environmental Protection Agency
responsibilities established by Congress Docket Center (EPA/DC), West William
§ 180.418 Cypermethrin and isomers
in the preemption provisions of FFDCA alpha-cypermethrin and zeta-cypermethrin; Jefferson Clinton Bldg., Rm. 3334, 1301
section 408(n)(4). As such, the Agency tolerances for residues. Constitution Ave. NW., Washington, DC
has determined that this action will not (a) * * * 20460–0001. The Public Reading Room
have a substantial direct effect on States (2) * * * is open from 8:30 a.m. to 4:30 p.m.,
or tribal governments, on the Monday through Friday, excluding legal
relationship between the national Parts per holidays. The telephone number for the
Commodity
government and the States or tribal million Public Reading Room is (202) 566–1744,
governments, or on the distribution of and the telephone number for the OPP
power and responsibilities among the Docket is (703) 305–5805. Please review
various levels of government or between * * * * *
the visitor instructions and additional
the Federal Government and Indian Corn, field, forage ................. 9.0 information about the docket available
tribes. Thus, the Agency has determined at http://www.epa.gov/dockets.
that Executive Order 13132, entitled FOR FURTHER INFORMATION CONTACT:
‘‘Federalism’’ (64 FR 43255, August 10, * * * * * Susan Lewis, Registration Division
1999) and Executive Order 13175, (7505P), Office of Pesticide Programs,
entitled ‘‘Consultation and Coordination Corn, field, stover ................. 30 Environmental Protection Agency, 1200
with Indian Tribal Governments’’ (65 FR Pennsylvania Ave. NW., Washington,
67249, November 9, 2000) do not apply DC 20460–0001; telephone number:
* * * * *
to this action. In addition, this action 703–305–7090; email address:
does not impose any enforceable duty or Corn, pop, stover .................. 30 RDFRNotices@epa.gov.
contain any unfunded mandate as SUPPLEMENTARY INFORMATION:
described under Title II of the Unfunded
Mandates Reform Act (UMRA) (2 U.S.C. * * * * * I. General Information
1501 et seq.). A. Does this action apply to me?
This action does not involve any
technical standards that would require * * * * * You may be potentially affected by
Agency consideration of voluntary [FR Doc. 2015–18737 Filed 7–29–15; 8:45 am] this action if you are an agricultural
consensus standards pursuant to section BILLING CODE 6560–50–P producer, food manufacturer, or
12(d) of the National Technology pesticide manufacturer. The following
Transfer and Advancement Act list of North American Industrial
(NTTAA) (15 U.S.C. 272 note). ENVIRONMENTAL PROTECTION Classification System (NAICS) codes is
AGENCY not intended to be exhaustive, but rather
VII. Congressional Review Act provides a guide to help readers
Pursuant to the Congressional Review 40 CFR Part 180 determine whether this document
Act (5 U.S.C. 801 et seq.), EPA will [EPA–HQ–OPP–2013–0138; FRL–9923–86] applies to them. Potentially affected
submit a report containing this rule and entities may include:
other required information to the U.S. Isofetamid; Pesticide Tolerances • Crop production (NAICS code 111).
Senate, the U.S. House of • Animal production (NAICS code
AGENCY: Environmental Protection
Representatives, and the Comptroller 112).
Agency (EPA).
General of the United States prior to • Food manufacturing (NAICS code
ACTION: Final rule.
publication of the rule in the Federal 311).
Register. This action is not a ‘‘major • Pesticide manufacturing (NAICS
Lhorne on DSK7TPTVN1PROD with RULES

SUMMARY: This regulation establishes
rule’’ as defined by 5 U.S.C. 804(2). tolerances for residues of isofetamid in code 32532).
List of Subjects in 40 CFR Part 180 or on multiple commodities that are B. How can I get electronic access to
identified and discussed later in this other related information?
Environmental protection,
Administrative practice and procedure, You may access a frequently updated
Agricultural commodities, Pesticides electronic version of EPA’s tolerance

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Document Created: 2018-02-23 09:30:12
Document Modified: 2018-02-23 09:30:12

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 July 30, 2015. Objections and requests for hearings must be received on or before September 28, 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 45435
CFR Associated		Environmental Protection; Administrative Practice and Procedure; Agricultural Commodities; Pesticides and Pests and Reporting and Recordkeeping Requirements