80 FR 55768 - Halosulfuron-methyl; Pesticide Tolerances
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 180 (September 17, 2015)
Federal Register Volume 80, Issue 180 (September 17, 2015)
| Page Range | 55768-55773 | |
| FR Document | 2015-23298 |
[Federal Register Volume 80, Number 180 (Thursday, September 17, 2015)] [Rules and Regulations] [Pages 55768-55773] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-23298] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 180 [EPA-HQ-OPP-2014-0574; FRL-9933-00] Halosulfuron-methyl; Pesticide Tolerances AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This regulation establishes a tolerance for residues of halosulfuron-methyl in or on the pome fruit group 11-10 and a tolerance with regional registration for residues of halosulfuron-methyl in or on the small vine climbing fruit, except fuzzy kiwifruit, subgroup 13-07F. Interregional Research Project Number 4 (IR-4) requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA). DATES: This regulation is effective September 17, 2015. Objections and requests for hearings must be received on or before November 16, 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-2014-0574, 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 [[Page 55769]] 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 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-2014-0574 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 November 16, 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-2014-0574, 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 February 11, 2015 (80 FR 7559) (FRL- 9921-94), 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 4E8297) by IR-4, IR-4 Project Headquarters, Rutgers, The State University of New Jersey, Suite 201 W, 500 College Road East, Princeton, NJ 08540. The petition requested that 40 CFR 180.479 be amended by establishing tolerances for residues of the herbicide halosulfuron-methyl, methyl 5-[(4,6-dimethoxy-2-pyrimidiny)amino] carbonylaminosulfonyl]-3-chloro-1-methyl-1H-pyrazole-4-carboxylate, including its metabolites and degradates, in or on the raw agricultural commodities: Fruit, pome, group 11-10 at 0.05 parts per million (ppm), and fruit, small vine climbing, except fuzzy kiwifruit, subgroup 13-07F at 0.05 ppm (associated with a regional registration). That document referenced a summary of the petition prepared by the Canyon Group, c/o Gowan Company, the registrant, which is available in the docket, http://www.regulations.gov. No comments were received on the notice of filing. Based upon available data, EPA is establishing tolerances as requested. 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 halosulfuron-methyl including exposure resulting from the tolerances established by this action. EPA's assessment of exposures and risks associated with halosulfuron- methyl follows. A. Toxicological Profile 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. With repeated dosing, the available data on halosulfuron-methyl did not demonstrate a target organ or tissue in any of the test animals. Reduction in body weight was seen in the 90-day and 1-year oral toxicity studies in dogs. Reduced body weights were also seen in [[Page 55770]] rat studies at higher dose levels than those seen in dogs. An effect on the hematological parameters was detected in the dog studies, but the magnitude of changes was slight and the effect was considered to be marginal. Thus, the slight hematological changes were not considered to be adverse. In the prenatal developmental toxicity study in rats, increases in resorptions, soft tissue (dilation of the lateral ventricles) and skeletal variations, and decreases in body weights were seen in the fetuses compared to clinical signs and decreases in body weights and food consumption in the maternal animals at a similar dose level. In the rabbit developmental toxicity study, increases in resorptions and post-implantation losses and decreases in mean litter size were observed in the presence of decreases in body weight and food consumption in maternal animals. The fetal effects seen in developmental toxicity studies in rats and rabbits represented a qualitative increase in susceptibility. However, a clear no-observed- adverse-effect-level (NOAEL) for these effects was established in both rat and rabbit developmental toxicity studies. No quantitative susceptibility was found in studies following pre-and/or post-natal exposures. Halosulfuron-methyl did not produce any effects on reproductive parameters in the 2-generation reproduction study in rats. No neurotoxic effects were observed in the acute or subchronic neurotoxicity studies up to 2,000 mg/kg or 760 mg/kg/day, respectively. In addition, no adverse effect was found in a 21-day dermal toxicity study at doses up to the limit dose (1,000 mg/kg/day). Halosulfuron-methyl is negative for mutagenicity in a battery of genotoxicity studies and is classified as ``not likely to be carcinogenic to humans'' based on lack of evidence for carcinogenicity in mice and rats following long-term dietary administration. Specific information on the studies received and the nature of the adverse effects caused by halosulfuron-methyl as well as the NOAEL and the lowest-observed-adverse-effect-level (LOAEL) from the toxicity studies can be found at http://www.regulations.gov in document ``Halosulfuron-Methyl. Human Health Risk Assessment for a Proposed Use on Pome Fruit Crop Group 11-10 and Small Fruit Vine Climbing Subgroup, Except Fuzzy Kiwifruit, Subgroup 13-07F'' at page 28 in docket ID number EPA-HQ-OPP-2014-0574. B. Toxicological Points of Departure/Levels of Concern Once a pesticide's toxicological profile is determined, EPA identifies toxicological points of departure (POD) and levels of concern to use in evaluating the risk posed by human exposure to the pesticide. For hazards that have a threshold below which there is no appreciable risk, the toxicological POD is used as the basis for derivation of reference values for risk assessment. PODs are developed based on a careful analysis of the doses in each toxicological study to determine the dose at which no adverse effects are observed (the NOAEL) and the lowest dose at which adverse effects of concern are identified (the LOAEL). Uncertainty/safety factors are used in conjunction with the POD to calculate a safe exposure level--generally referred to as a population-adjusted dose (PAD) or a reference dose (RfD)--and a safe margin of exposure (MOE). For non-threshold risks, the Agency assumes that any amount of exposure will lead to some degree of risk. Thus, the Agency estimates risk in terms of the probability of an occurrence of the adverse effect expected in a lifetime. For more information on the general principles EPA uses in risk characterization and a complete description of the risk assessment process, see http://www.epa.gov/pesticides/factsheets/riskassess.htm. A summary of the toxicological endpoints for halosulfuron used for human risk assessment is discussed in Unit III. B. of the final rule published in the Federal Register of December 3, 2012 (77 FR 71555) (FRL-9370-6). However, there is one change to the prior toxicity endpoint and point of departure selections for halosulfuron-methyl discussed in the 2012 document. The previous toxicity endpoint for dermal exposure assessments was based on the results of a 21-day dermal toxicity study, where the no observed effect level (NOEL) and lowest observed effect level (LOEL) were established at 100 and 1,000 mg/kg/ day, respectively. The LOEL was based on ``total body weight gains in males.'' However, following a reevaluation of this study according to the current evaluation standard, there was only 4% reduction in absolute body weight in the affected 1,000 mg/kg/day males. This reduction was not considered to be adverse and no other adverse effect was reported in this study. No LOAEL could be established, and the NOAEL was 1,000 mg/kg/day. Based on this re-evaluation, halosulfuron- methyl did not cause adverse effects at the limit dose (1,000 mg/kg/ day), and no toxicity endpoint could be established for the dermal exposure scenario. In addition, no quantitative susceptibility was found in studies following pre-and/or post-natal exposures. Hence, no dermal exposure assessment was necessary. C. Exposure Assessment 1. Dietary exposure from food and feed uses. In evaluating dietary exposure to halosulfuron-methyl, EPA considered exposure under the petitioned-for tolerances as well as all existing halosulfuron-methyl tolerances in 40 CFR 180.479. EPA assessed dietary exposures from halosulfuron-methyl in food as follows: i. Acute exposure. Quantitative acute dietary exposure and risk assessments are performed for a food-use pesticide, if a toxicological study has indicated the possibility of an effect of concern occurring as a result of a 1-day or single exposure. Such effects were identified for halosulfuron-methyl. Exposure and risk assessments were conducted using the Dietary Exposure Evaluation Model software with the Food Commodity Intake Database (DEEM-FCID). This software uses 2003-2008 food consumption data from the United States Department of Agriculture's (USDA's) National Health and Nutrition Examination Survey, What We Eat in America (NHANES/WWEIA). As to residue levels in food, EPA assumed tolerance-level residues and 100 percent crop treated (PCT) for all commodities. ii. Chronic exposure. In conducting the chronic dietary exposure assessment EPA used the food consumption data from the USDA NHANES/ WWEIA. As to residue levels in food, EPA assumed tolerance-level residues and 100 PCT for all commodities. iii. Cancer. Based on the data summarized in Unit III.A., EPA has concluded that halosulfuron-methyl does not pose a cancer risk to humans. Therefore, a dietary exposure assessment for the purpose of assessing cancer risk is unnecessary. iv. Anticipated residue and PCT information. EPA did not use anticipated residue or PCT information in the dietary assessment for halosulfuron-methyl. Tolerance-level residues and 100 PCT were assumed for all food commodities. 2. Dietary exposure from drinking water. The Agency used screening level water exposure models in the dietary exposure analysis and risk assessment for halosulfuron-methyl in drinking water. These simulation models take into account data on the physical, chemical, and fate/ transport [[Page 55771]] characteristics of halosulfuron-methyl. Further information regarding EPA drinking water models used in pesticide exposure assessment can be found at http://www.epa.gov/oppefed1/models/water/index.htm. Based on the First Index Reservoir Screening Tool (FIRST) and Screening Concentration in Ground Water (SCI-GROW) models, the estimated drinking water concentrations (EDWCs) of halosulfuron-methyl for acute exposures are estimated to be 59.2 parts per billion (ppb) for surface water and 0.065 ppb for ground water and for chronic exposures are estimated to be 59.2 ppb for surface water and 0.065 ppb for ground water. Modeled estimates of drinking water concentrations were directly entered into the dietary exposure model. For acute dietary risk assessment, the water concentration value of 59.2 ppb was used to assess the contribution to drinking water. For chronic dietary risk assessment, the water concentration of value 59.2 ppb was used to assess the contribution to drinking water. 3. From non-dietary exposure. The term ``residential exposure'' is used in this document to refer to non-occupational, non-dietary exposure (e.g., for lawn and garden pest control, indoor pest control, termiticides, and flea and tick control on pets). Halosulfuron-methyl is currently registered for use by residential handlers on residential turf. EPA re-assessed residential exposure for aggregate risk assessment reflecting the removal of the dermal POD. EPA assessed short-term (1-30 days) exposure to halosulfuron-methyl for residential handlers (inhalation exposure) and children 1 to < 2 years old (post-application incidental oral exposures). The residential exposure scenario used in the adult aggregate assessment reflects inhalation exposure from mixing/loading/applying halosulfuron-methyl via backpack sprayer or manually pressurized handwand to turf. The residential exposure scenario used in the children 1 to <2 years old aggregate assessment reflects hand-to-mouth incidental oral exposures from post-application exposure to treated turf. Intermediate-term exposures are not likely because of the intermittent nature of applications by homeowners. Further information regarding EPA standard assumptions and generic inputs for residential exposures may be found at http://www.epa.gov/pesticides/trac/science/trac6a05.pdf. 4. Cumulative effects from substances with a common mechanism of toxicity. Section 408(b)(2)(D)(v) of FFDCA requires that, when considering whether to establish, modify, or revoke a tolerance, the Agency consider ``available information'' concerning the cumulative effects of a particular pesticide's residues and ``other substances that have a common mechanism of toxicity.'' EPA has not found halosulfuron-methyl to share a common mechanism of toxicity with any other substances, and halosulfuron-methyl does not appear to produce a toxic metabolite produced by other substances. For the purposes of this tolerance action, therefore, EPA has assumed that halosulfuron-methyl does not have a common mechanism of toxicity with other substances. For information regarding EPA's efforts to determine which chemicals have a common mechanism of toxicity and to evaluate the cumulative effects of such chemicals, see EPA's Web site at http://www.epa.gov/pesticides/cumulative. D. Safety Factor for Infants and Children 1. In general. Section 408(b)(2)(C) of FFDCA provides that EPA shall apply an additional tenfold (10X) margin of safety for infants and children in the case of threshold effects to account for prenatal and postnatal toxicity and the completeness of the database on toxicity and exposure unless EPA determines based on reliable data that a different margin of safety will be safe for infants and children. This additional margin of safety is commonly referred to as the FQPA Safety Factor (SF). In applying this provision, EPA either retains the default value of 10X, or uses a different additional safety factor when reliable data available to EPA support the choice of a different factor. 2. Prenatal and postnatal sensitivity. There was no quantitative evidence of increased susceptibility following pre- and/or post-natal exposure to halosulfuron-methyl. Qualitative susceptibility was seen in the prenatal developmental toxicity study in rats and in rabbits; however, this qualitative susceptibility was of low concern because (1) in both studies, there were clear NOAELs/LOAELs for developmental and maternal toxicities; (2) the developmental effects were seen in the presence of maternal toxicity; and (3) the effects were only seen at the high dose levels. In rats, the developmental effects were seen at a dose (750 mg/kg/day) which was approaching the limit-dose (1,000 mg/kg/ day). Furthermore, the PODs for risk assessment are protective of the effects which occur at high doses. 3. Conclusion. EPA has determined that reliable data show the safety of infants and children would be adequately protected if the FQPA SF were reduced to 1x. That decision is based on the following findings: i. The toxicity database for halosulfuron-methyl is considered complete. ii. There is no indication that halosulfuron-methyl is a neurotoxic chemical and there is no need for a developmental neurotoxicity study or additional UFs to account for neurotoxicity. iii. There was no quantitative evidence of increased susceptibility following pre- and/or post-natal exposure and the qualitative susceptibility observed in the developmental toxicity studies in rats and rabbits was of low concern for the reasons outlined in section III.D.2. iv. There are no residual uncertainties identified in the exposure databases. The dietary food exposure assessments were performed based on 100 PCT and tolerance-level residues. EPA made conservative (protective) assumptions in the ground and surface water modeling used to assess exposure to halosulfuron-methyl in drinking water. EPA used similarly conservative assumptions to assess post-application exposure of children as well as incidental oral exposure of toddlers. These assessments will not underestimate the exposure and risks posed by halosulfuron-methyl. E. Aggregate Risks and Determination of Safety EPA determines whether acute and chronic dietary pesticide exposures are safe by comparing aggregate exposure estimates to the acute PAD (aPAD) and chronic PAD (cPAD). For linear cancer risks, EPA calculates the lifetime probability of acquiring cancer given the estimated aggregate exposure. Short-, intermediate-, and chronic-term risks are evaluated by comparing the estimated aggregate food, water, and residential exposure to the appropriate PODs to ensure that an adequate MOE exists. 1. Acute risk. Using the exposure assumptions discussed in this unit for acute exposure, the acute dietary exposure from food and water to halosulfuron-methyl will occupy <1% of the aPAD for females 13-49 years old, the only population group of concern. 2. Chronic risk. Using the exposure assumptions described in this unit for chronic exposure, EPA has concluded that chronic exposure to halosulfuron-methyl from food and water will utilize [[Page 55772]] 5.7% of the cPAD for children 1-2 years old, the population subgroup receiving the greatest exposure. Based on the explanation in Unit III.C.3., regarding residential use patterns, chronic residential exposure to residues of halosulfuron-methyl is not expected. 3. Short-term risk. Short-term aggregate exposure takes into account short-term residential exposure plus chronic exposure to food and water (considered to be a background exposure level). Halosulfuron-methyl is currently registered for uses that could result in short-term residential exposure, and the Agency has determined that it is appropriate to aggregate chronic exposure through food and water with short-term residential exposures to halosulfuron- methyl. Using the exposure assumptions described in this unit for short- term exposures, EPA has concluded the combined short-term food, water, and residential exposures result in aggregate MOEs of 25,000 for adults and 1,800 for children 1 to < 2 years old. Because EPA's level of concern for halosulfuron-methyl is a MOE of 100 or below, these MOEs are not of concern. 4. Intermediate-term risk. Intermediate-term aggregate exposure takes into account intermediate-term residential exposure plus chronic exposure to food and water (considered to be a background exposure level). An intermediate-term adverse effect was identified; however, halosulfuron-methyl is not registered for any use patterns that would result in intermediate-term residential exposure. Intermediate-term risk is assessed based on intermediate-term residential exposure plus chronic dietary exposure. Because there is no intermediate-term residential exposure and chronic dietary exposure has already been assessed under the appropriately protective cPAD (which is at least as protective as the POD used to assess intermediate-term risk), no further assessment of intermediate-term risk is necessary, and EPA relies on the chronic dietary risk assessment for evaluating intermediate-term risk for halosulfuron-methyl. 5. Aggregate cancer risk for U.S. population. Based on the lack of evidence of carcinogenicity in two adequate rodent carcinogenicity studies, halosulfuron-methyl is not expected to pose a cancer risk to humans. 6. Determination of safety. Based on these risk assessments, 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 halosulfuron-methyl residues. IV. Other Considerations A. Analytical Enforcement Methodology Adequate enforcement methodology (gas chromatography (GC) thermionic-specific detection (TSD, nitrogen specific)) 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; 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 halosulfuron-methyl for any of the crops covered by this Final Rule. V. Conclusion Therefore, a tolerance is established for residues of halosulfuron- methyl, methyl 5-[(4,6-dimethoxy-2-pyrimidiny)amino] carbonylaminosulfonyl]-3-chloro-1-methyl-1H-pyrazole-4-carboxylate, including its metabolites and degradates, in or on the fruit, pome, group 11-10 at 0.05 ppm, and a tolerance with regional registration is established for fruit, small vine climbing, except fuzzy kiwifruit, subgroup 13-07F at 0.05 ppm. In addition, the existing tolerance for the commodity ``Apple'' in paragraph (a)(2) of Sec. 180.479 is removed since it is covered by the newly established fruit, pome, group 11-10 tolerance. 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 [[Page 55773]] 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: September 4, 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. 180.479: 0 a. Remove the entry for ``Apple'' from the table in paragraph (a)(2); 0 b. Add alphabetically the entry for ``Fruit, pome, group 11-10'' to the table in paragraph (a)(2), and 0 c. Revise paragraph (c). The additions and revision read as follows: Sec. 180.479 Halosulfuron-methyl; tolerances for residues. (a) * * * (2) * * * ------------------------------------------------------------------------ Parts per Commodity million ------------------------------------------------------------------------ * * * * * ------------------------------------------------------------------------ Fruit, pome, group 11-10................................... 0.05 ------------------------------------------------------------------------ * * * * * ------------------------------------------------------------------------ (c) Tolerances with regional registrations. Tolerances with regional registrations are established for residues of the herbicide halosulfuron-methyl, methyl 5-[(4,6-dimethoxy-2- pyrimidiny)amino]carbonylaminosulfonyl]-3-chloro-1-methyl-1H-pyrazole- 4-carboxylate, including its metabolites and degradates, in or on the commodities in the following table. Compliance with the tolerance levels specified in the following table is to be determined by measuring only halosulfuron-methyl. ------------------------------------------------------------------------ Parts per Commodity million ------------------------------------------------------------------------ Fruit, small vine climbing, except fuzzy kiwifruit, 0.05 subgroup 13-07F........................................... ------------------------------------------------------------------------ * * * * * [FR Doc. 2015-23298 Filed 9-16-15; 8:45 am] BILLING CODE 6560-50-P
![55768 Federal Register / Vol. 80, No. 180 / Thursday, September 17, 2015 / Rules and Regulations
Documents submitted using that system regarding admissibility of evidence and § 957.16 Official record.
are considered filed as of the date and other evidentiary issues, he or she is not The transcript of testimony together
time (Eastern Time) reflected in the bound by those rules. The weight to be with all pleadings, orders, exhibits,
system. Orders issued by the Hearing attached to evidence presented in any briefs, and other documents filed in the
Officer shall be considered received by particular form will be within the proceeding shall constitute the official
the parties on the date posted to the discretion of the Hearing Officer, taking record of the proceeding.
electronic filing system. into consideration all the circumstances
of the particular case. Stipulations of § 957.17 Public information.
§ 957.7 Failure to appear at the hearing. fact agreed upon by the parties may be The Postal Service shall maintain for
If a party fails to appear at the accepted as evidence at the hearing. The public inspection copies of all findings
hearing, the Hearing Officer may parties may stipulate the testimony that of fact issued under this Part, and make
proceed with the hearing, receive would be given by a witness if the them available through the Postal
evidence and issue findings of fact witness were present. The Hearing Service Web site. The Recorder
without requirement of further notice to Officer may in any case require maintains the complete official record of
the absent party. evidence in addition to that offered by every proceeding.
§ 957.8 Hearings.
the parties. A party requiring the use of § 957.18 Ex parte communications.
a foreign language interpreter allowing
Hearings ordinarily will be conducted testimony to be taken in English for The provisions of 5 U.S.C. 551(14),
in the Judicial Officer Department itself or witnesses it proffers is 556(d), and 557(d) prohibiting ex parte
courtroom at 2101 Wilson Boulevard, responsible for making all necessary communications are made applicable to
Suite 600, Arlington, VA 22201–3078. arrangements and paying all costs and proceedings under these rules of
However, the Hearing Officer, in his or expenses associated with the use of an practice.
her discretion, may order the hearing to interpreter. Stanley F. Mires,
be conducted at another location, or by
Attorney, Federal Compliance.
another means such as by video. § 957.11 Witness fees.
[FR Doc. 2015–23314 Filed 9–16–15; 8:45 am]
§ 957.9 Appearances. Each party is responsible for the fees
BILLING CODE 7710–12–P
and costs for its own witnesses.
(a) An individual Respondent may
appear in his or her own behalf, a § 957.12 Transcript.
corporation may appear by an officer Testimony and argument at hearings ENVIRONMENTAL PROTECTION
thereof, a partnership or joint venture shall be reported verbatim, unless the AGENCY
may appear by a member thereof, or any Hearing Officer otherwise orders.
of these may appear by a licensed Transcripts of the proceedings will be 40 CFR Part 180
attorney. made available or provided to the [EPA–HQ–OPP–2014–0574; FRL–9933–00]
(b) After a request for a hearing has parties.
been filed pursuant to the rules in this Halosulfuron-methyl; Pesticide
part, the General Counsel shall § 957.13 Proposed findings of fact. Tolerances
designate a licensed attorney as counsel (a) The Hearing Officer may direct the
assigned to handle the case. AGENCY: Environmental Protection
parties to submit proposed findings of
(c) All counsel, or a self-represented Agency (EPA).
fact and supporting explanations within
Respondent, shall register in the 15 days after the delivery of the official ACTION: Final rule.
electronic filing system, and request to transcript to the Recorder who shall SUMMARY: This regulation establishes a
be added to the case. Counsel also notify both parties of the date of its tolerance for residues of halosulfuron-
promptly shall file notices of receipt. The filing date for proposed methyl in or on the pome fruit group
appearance. findings shall be the same for both 11–10 and a tolerance with regional
(d) An attorney for any party who has parties. registration for residues of halosulfuron-
filed a notice of appearance and who (b) Proposed findings of fact shall be methyl in or on the small vine climbing
wishes to withdraw must file a motion set forth in numbered paragraphs and fruit, except fuzzy kiwifruit, subgroup
requesting withdrawal, explaining the shall state with particularity all 13–07F. Interregional Research Project
reasons supporting the motion, and evidentiary facts in the record with Number 4 (IR–4) requested these
identifying the name, email address, appropriate citations to the transcript or tolerances under the Federal Food,
mailing address, telephone number, and exhibits supporting the proposed Drug, and Cosmetic Act (FFDCA).
fax number of the person who will findings.
assume responsibility for representation DATES: This regulation is effective
of the party in question. § 957.14 Findings of fact. September 17, 2015. Objections and
The Hearing Officer shall issue requests for hearings must be received
§ 957.10 Conduct of the hearing. written findings of fact, and transmit on or before November 16, 2015, and
The Hearing Officer may approve or them to the Vice President. Copies will must be filed in accordance with the
disapprove witnesses in his or her be sent to the parties. instructions provided in 40 CFR part
discretion. All testimony will be taken 178 (see also Unit I.C. of the
under oath or affirmation, and subject to § 957.15 Computation of time. SUPPLEMENTARY INFORMATION).
cross-examination. The Hearing Officer A designated period of time under the ADDRESSES: The docket for this action,
may exclude evidence to avoid unfair rules in this part excludes the day the identified by docket identification (ID)
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prejudice, confusion of the issues, period begins, and includes the last day number EPA–HQ–OPP–2014–0574, is
undue delay, waste of time, or of the period unless the last day is a available at http://www.regulations.gov
presentation of irrelevant, immaterial, or Saturday, Sunday, or legal holiday, in or at the Office of Pesticide Programs
cumulative evidence. Although the which event the period runs until the Regulatory Public Docket (OPP Docket)
Hearing Officer will consider the close of business on the next business in the Environmental Protection Agency
Federal Rules of Evidence for guidance day. Docket Center (EPA/DC), West William
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![Federal Register / Vol. 80, No. 180 / Thursday, September 17, 2015 / Rules and Regulations 55769
Jefferson Clinton Bldg., Rm. 3334, 1301 must be in writing, and must be the petition prepared by the Canyon
Constitution Ave. NW., Washington, DC received by the Hearing Clerk on or Group, c/o Gowan Company, the
20460–0001. The Public Reading Room before November 16, 2015. Addresses registrant, which is available in the
is open from 8:30 a.m. to 4:30 p.m., for mail and hand delivery of objections docket, http://www.regulations.gov. No
Monday through Friday, excluding legal and hearing requests are provided in 40 comments were received on the notice
holidays. The telephone number for the CFR 178.25(b). of filing.
Public Reading Room is (202) 566–1744, In addition to filing an objection or Based upon available data, EPA is
and the telephone number for the OPP hearing request with the Hearing Clerk establishing tolerances as requested.
Docket is (703) 305–5805. Please review as described in 40 CFR part 178, please
III. Aggregate Risk Assessment and
the visitor instructions and additional submit a copy of the filing (excluding
Determination of Safety
information about the docket available any Confidential Business Information
at http://www.epa.gov/dockets. (CBI)) for inclusion in the public docket. Section 408(b)(2)(A)(i) of FFDCA
Information not marked confidential allows EPA to establish a tolerance (the
FOR FURTHER INFORMATION CONTACT:
pursuant to 40 CFR part 2 may be legal limit for a pesticide chemical
Susan Lewis, Registration Division
disclosed publicly by EPA without prior residue in or on a food) only if EPA
(7505P), Office of Pesticide Programs,
notice. Submit the non-CBI copy of your determines that the tolerance is ‘‘safe.’’
Environmental Protection Agency, 1200 Section 408(b)(2)(A)(ii) of FFDCA
Pennsylvania Ave. NW., Washington, objection or hearing request, identified
by docket ID number EPA–HQ–OPP– defines ‘‘safe’’ to mean that ‘‘there is a
DC 20460–0001; main telephone reasonable certainty that no harm will
number: (703) 305–7090; email address: 2014–0574, by one of the following
methods: result from aggregate exposure to the
RDFRNotices@epa.gov.
• Federal eRulemaking Portal: http:// pesticide chemical residue, including
SUPPLEMENTARY INFORMATION: www.regulations.gov. Follow the online all anticipated dietary exposures and all
I. General Information instructions for submitting comments. other exposures for which there is
Do not submit electronically any reliable information.’’ This includes
A. Does this action apply to me? information you consider to be CBI or exposure through drinking water and in
You may be potentially affected by other information whose disclosure is residential settings, but does not include
this action if you are an agricultural restricted by statute. occupational exposure. Section
producer, food manufacturer, or • Mail: OPP Docket, Environmental 408(b)(2)(C) of FFDCA requires EPA to
pesticide manufacturer. The following Protection Agency Docket Center (EPA/ give special consideration to exposure
list of North American Industrial DC), (28221T), 1200 Pennsylvania Ave. of infants and children to the pesticide
Classification System (NAICS) codes is NW., Washington, DC 20460–0001. chemical residue in establishing a
not intended to be exhaustive, but rather • Hand Delivery: To make special tolerance and to ‘‘ensure that there is a
provides a guide to help readers arrangements for hand delivery or reasonable certainty that no harm will
determine whether this document delivery of boxed information, please result to infants and children from
applies to them. Potentially affected follow the instructions at http:// aggregate exposure to the pesticide
entities may include: www.epa.gov/dockets/contacts.html. chemical residue. . . .’’
• Crop production (NAICS code 111). Additional instructions on commenting Consistent with FFDCA section
• Animal production (NAICS code or visiting the docket, along with more 408(b)(2)(D), and the factors specified in
112). information about dockets generally, is FFDCA section 408(b)(2)(D), EPA has
• Food manufacturing (NAICS code available at http://www.epa.gov/ reviewed the available scientific data
311). dockets. and other relevant information in
• Pesticide manufacturing (NAICS II. Summary of Petitioned-For support of this action. EPA has
code 32532). Tolerance sufficient data to assess the hazards of
and to make a determination on
B. How can I get electronic access to In the Federal Register of February aggregate exposure for halosulfuron-
other related information? 11, 2015 (80 FR 7559) (FRL–9921–94), methyl including exposure resulting
You may access a frequently updated EPA issued a document pursuant to from the tolerances established by this
electronic version of EPA’s tolerance FFDCA section 408(d)(3), 21 U.S.C. action. EPA’s assessment of exposures
regulations at 40 CFR part 180 through 346a(d)(3), announcing the filing of a and risks associated with halosulfuron-
the Government Printing Office’s e-CFR pesticide petition (PP 4E8297) by IR–4, methyl follows.
site at http://www.ecfr.gov/cgi-bin/text- IR–4 Project Headquarters, Rutgers, The
idx?&c=ecfr&tpl=/ecfrbrowse/Title40/ State University of New Jersey, Suite A. Toxicological Profile
40tab_02.tpl. 201 W, 500 College Road East, EPA has evaluated the available
Princeton, NJ 08540. The petition toxicity data and considered its validity,
C. How can I file an objection or hearing requested that 40 CFR 180.479 be completeness, and reliability as well as
request? amended by establishing tolerances for the relationship of the results of the
Under FFDCA section 408(g), 21 residues of the herbicide halosulfuron- studies to human risk. EPA has also
U.S.C. 346a, any person may file an methyl, methyl 5-[(4,6-dimethoxy-2- considered available information
objection to any aspect of this regulation pyrimidiny)amino] concerning the variability of the
and may also request a hearing on those carbonylaminosulfonyl]-3-chloro-1- sensitivities of major identifiable
objections. You must file your objection methyl-1H-pyrazole-4-carboxylate, subgroups of consumers, including
or request a hearing on this regulation including its metabolites and infants and children.
in accordance with the instructions degradates, in or on the raw agricultural With repeated dosing, the available
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provided in 40 CFR part 178. To ensure commodities: Fruit, pome, group 11–10 data on halosulfuron-methyl did not
proper receipt by EPA, you must at 0.05 parts per million (ppm), and demonstrate a target organ or tissue in
identify docket ID number EPA–HQ– fruit, small vine climbing, except fuzzy any of the test animals. Reduction in
OPP–2014–0574 in the subject line on kiwifruit, subgroup 13–07F at 0.05 ppm body weight was seen in the 90-day and
the first page of your submission. All (associated with a regional registration). 1-year oral toxicity studies in dogs.
objections and requests for a hearing That document referenced a summary of Reduced body weights were also seen in
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![55772 Federal Register / Vol. 80, No. 180 / Thursday, September 17, 2015 / Rules and Regulations
5.7% of the cPAD for children 1–2 years IV. Other Considerations Agency. The Office of Management and
old, the population subgroup receiving Budget (OMB) has exempted these types
A. Analytical Enforcement Methodology
the greatest exposure. Based on the of actions from review under Executive
explanation in Unit III.C.3., regarding Adequate enforcement methodology Order 12866, entitled ‘‘Regulatory
residential use patterns, chronic (gas chromatography (GC) thermionic- Planning and Review’’ (58 FR 51735,
residential exposure to residues of specific detection (TSD, nitrogen October 4, 1993). Because this action
halosulfuron-methyl is not expected. specific)) is available to enforce the has been exempted from review under
3. Short-term risk. Short-term tolerance expression. Executive Order 12866, this action is
aggregate exposure takes into account The method may be requested from: not subject to Executive Order 13211,
short-term residential exposure plus Chief, Analytical Chemistry Branch, entitled ‘‘Actions Concerning
chronic exposure to food and water Environmental Science Center, 701 Regulations That Significantly Affect
(considered to be a background Mapes Rd., Ft. Meade, MD 20755–5350; Energy Supply, Distribution, or Use’’ (66
exposure level). telephone number: (410) 305–2905; FR 28355, May 22, 2001) or Executive
Halosulfuron-methyl is currently email address: residuemethods@ Order 13045, entitled ‘‘Protection of
registered for uses that could result in epa.gov. Children from Environmental Health
short-term residential exposure, and the Risks and Safety Risks’’ (62 FR 19885,
Agency has determined that it is B. International Residue Limits
April 23, 1997). This action does not
appropriate to aggregate chronic In making its tolerance decisions, EPA contain any information collections
exposure through food and water with seeks to harmonize U.S. tolerances with subject to OMB approval under the
short-term residential exposures to international standards whenever Paperwork Reduction Act (PRA) (44
halosulfuron-methyl. possible, consistent with U.S. food U.S.C. 3501 et seq.), nor does it require
Using the exposure assumptions safety standards and agricultural any special considerations under
described in this unit for short-term practices. EPA considers the Executive Order 12898, entitled
exposures, EPA has concluded the international maximum residue limits ‘‘Federal Actions to Address
combined short-term food, water, and (MRLs) established by the Codex Environmental Justice in Minority
residential exposures result in aggregate Alimentarius Commission (Codex), as Populations and Low-Income
MOEs of 25,000 for adults and 1,800 for required by FFDCA section 408(b)(4). Populations’’ (59 FR 7629, February 16,
children 1 to < 2 years old. Because The Codex Alimentarius is a joint 1994).
EPA’s level of concern for halosulfuron- United Nations Food and Agriculture Since tolerances and exemptions that
methyl is a MOE of 100 or below, these Organization/World Health are established on the basis of a petition
MOEs are not of concern. Organization food standards program, under FFDCA section 408(d), such as
4. Intermediate-term risk. and it is recognized as an international the tolerance in this final rule, do not
Intermediate-term aggregate exposure food safety standards-setting require the issuance of a proposed rule,
takes into account intermediate-term organization in trade agreements to the requirements of the Regulatory
residential exposure plus chronic which the United States is a party. EPA Flexibility Act (RFA) (5 U.S.C. 601 et
exposure to food and water (considered may establish a tolerance that is seq.), do not apply.
to be a background exposure level). different from a Codex MRL; however, This action directly regulates growers,
An intermediate-term adverse effect FFDCA section 408(b)(4) requires that food processors, food handlers, and food
was identified; however, halosulfuron- EPA explain the reasons for departing retailers, not States or tribes, nor does
methyl is not registered for any use from the Codex level. this action alter the relationships or
patterns that would result in The Codex has not established a MRL distribution of power and
intermediate-term residential exposure. for halosulfuron-methyl for any of the responsibilities established by Congress
Intermediate-term risk is assessed based crops covered by this Final Rule. in the preemption provisions of FFDCA
on intermediate-term residential section 408(n)(4). As such, the Agency
exposure plus chronic dietary exposure. V. Conclusion has determined that this action will not
Because there is no intermediate-term Therefore, a tolerance is established have a substantial direct effect on States
residential exposure and chronic dietary for residues of halosulfuron-methyl, or tribal governments, on the
exposure has already been assessed methyl 5-[(4,6-dimethoxy-2- relationship between the national
under the appropriately protective pyrimidiny)amino] government and the States or tribal
cPAD (which is at least as protective as carbonylaminosulfonyl]-3-chloro-1- governments, or on the distribution of
the POD used to assess intermediate- methyl-1H-pyrazole-4-carboxylate, power and responsibilities among the
term risk), no further assessment of including its metabolites and various levels of government or between
intermediate-term risk is necessary, and degradates, in or on the fruit, pome, the Federal Government and Indian
EPA relies on the chronic dietary risk group 11–10 at 0.05 ppm, and a tribes. Thus, the Agency has determined
assessment for evaluating intermediate- tolerance with regional registration is that Executive Order 13132, entitled
term risk for halosulfuron-methyl. established for fruit, small vine ‘‘Federalism’’ (64 FR 43255, August 10,
5. Aggregate cancer risk for U.S. climbing, except fuzzy kiwifruit, 1999) and Executive Order 13175,
population. Based on the lack of subgroup 13–07F at 0.05 ppm. In entitled ‘‘Consultation and Coordination
evidence of carcinogenicity in two addition, the existing tolerance for the with Indian Tribal Governments’’ (65 FR
adequate rodent carcinogenicity studies, commodity ‘‘Apple’’ in paragraph (a)(2) 67249, November 9, 2000) do not apply
halosulfuron-methyl is not expected to of § 180.479 is removed since it is to this action. In addition, this action
pose a cancer risk to humans. covered by the newly established fruit, does not impose any enforceable duty or
6. Determination of safety. Based on pome, group 11–10 tolerance. contain any unfunded mandate as
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these risk assessments, EPA concludes described under Title II of the Unfunded
that there is a reasonable certainty that VI. Statutory and Executive Order Mandates Reform Act (UMRA) (2 U.S.C.
no harm will result to the general Reviews 1501 et seq.).
population, or to infants and children This action establishes tolerances This action does not involve any
from aggregate exposure to under FFDCA section 408(d) in technical standards that would require
halosulfuron-methyl residues. response to a petition submitted to the Agency consideration of voluntary
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![Federal Register / Vol. 80, No. 180 / Thursday, September 17, 2015 / Rules and Regulations 55773
consensus standards pursuant to section degradates, in or on the commodities in Administration, Federal Emergency
12(d) of the National Technology the following table. Compliance with Management Agency, 500 C Street SW.,
Transfer and Advancement Act the tolerance levels specified in the Washington, DC 20472, (202) 646–4133.
(NTTAA) (15 U.S.C. 272 note). following table is to be determined by
SUPPLEMENTARY INFORMATION: The NFIP
measuring only halosulfuron-methyl.
VII. Congressional Review Act enables property owners to purchase
Pursuant to the Congressional Review Parts per Federal flood insurance that is not
Commodity otherwise generally available from
Act (5 U.S.C. 801 et seq.), EPA will million
submit a report containing this rule and private insurers. In return, communities
Fruit, small vine climbing, ex- agree to adopt and administer local
other required information to the U.S.
cept fuzzy kiwifruit, subgroup floodplain management measures aimed
Senate, the U.S. House of 13–07F .................................. 0.05 at protecting lives and new construction
Representatives, and the Comptroller
General of the United States prior to from future flooding. Section 1315 of
* * * * * the National Flood Insurance Act of
publication of the rule in the Federal [FR Doc. 2015–23298 Filed 9–16–15; 8:45 am]
Register. This action is not a ‘‘major 1968, as amended, 42 U.S.C. 4022,
BILLING CODE 6560–50–P
rule’’ as defined by 5 U.S.C. 804(2). prohibits the sale of NFIP flood
insurance unless an appropriate public
List of Subjects in 40 CFR Part 180 body adopts adequate floodplain
DEPARTMENT OF HOMELAND management measures with effective
Environmental protection,
SECURITY enforcement measures. The
Administrative practice and procedure,
Agricultural commodities, Pesticides Federal Emergency Management communities listed in this document no
and pests, Reporting and recordkeeping Agency longer meet that statutory requirement
requirements. for compliance with program
Dated: September 4, 2015. 44 CFR Part 64 regulations, 44 CFR part 59.
Susan Lewis,
Accordingly, the communities will be
[Docket ID FEMA–2015–0001: Internal suspended on the effective date in the
Director, Registration Division, Office of Agency Docket No. FEMA–8399]
Pesticide Programs. third column. As of that date, flood
Suspension of Community Eligibility insurance will no longer be available in
Therefore, 40 CFR chapter I is the community. We recognize that some
amended as follows: AGENCY: Federal Emergency of these communities may adopt and
Management Agency, DHS. submit the required documentation of
PART 180—[AMENDED]
ACTION: Final rule. legally enforceable floodplain
■ 1. The authority citation for part 180 management measures after this rule is
SUMMARY: This rule identifies published but prior to the actual
continues to read as follows:
communities where the sale of flood suspension date. These communities
Authority: 21 U.S.C. 321(q), 346a and 371. insurance has been authorized under will not be suspended and will continue
■ 2. In § 180.479:
the National Flood Insurance Program to be eligible for the sale of NFIP flood
■ a. Remove the entry for ‘‘Apple’’ from
(NFIP) that are scheduled for insurance. A notice withdrawing the
the table in paragraph (a)(2); suspension on the effective dates listed suspension of such communities will be
■ b. Add alphabetically the entry for
within this rule because of published in the Federal Register.
‘‘Fruit, pome, group 11–10’’ to the table noncompliance with the floodplain
management requirements of the In addition, FEMA publishes a Flood
in paragraph (a)(2), and Insurance Rate Map (FIRM) that
■ c. Revise paragraph (c). program. If the Federal Emergency
Management Agency (FEMA) receives identifies the Special Flood Hazard
The additions and revision read as Areas (SFHAs) in these communities.
follows: documentation that the community has
adopted the required floodplain The date of the FIRM, if one has been
§ 180.479 Halosulfuron-methyl; tolerances management measures prior to the published, is indicated in the fourth
for residues. effective suspension date given in this column of the table. No direct Federal
(a) * * * rule, the suspension will not occur and financial assistance (except assistance
(2) * * * a notice of this will be provided by pursuant to the Robert T. Stafford
publication in the Federal Register on a Disaster Relief and Emergency
Parts per subsequent date. Also, information Assistance Act not in connection with a
Commodity flood) may be provided for construction
million identifying the current participation
status of a community can be obtained or acquisition of buildings in identified
from FEMA’s Community Status Book SFHAs for communities not
* * * * * participating in the NFIP and identified
(CSB).
Fruit, pome, group 11–10 ......... 0.05 DATES: The effective date of each for more than a year on FEMA’s initial
FIRM for the community as having
community’s scheduled suspension is flood-prone areas (section 202(a) of the
* * * * * the third date (‘‘Susp.’’) listed in the Flood Disaster Protection Act of 1973,
third column of the following tables. 42 U.S.C. 4106(a), as amended). This
(c) Tolerances with regional ADDRESSES: The CSB is available at prohibition against certain types of
registrations. Tolerances with regional http://www.fema.gov/fema/csb.shtm. Federal assistance becomes effective for
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registrations are established for residues FOR FURTHER INFORMATION CONTACT: If the communities listed on the date
of the herbicide halosulfuron-methyl, you want to determine whether a shown in the last column. The
methyl 5-[(4,6-dimethoxy-2-pyrimidiny) particular community was suspended Administrator finds that notice and
amino]carbonylaminosulfonyl]-3-chloro on the suspension date or for further public comment procedures under 5
-1-methyl-1H-pyrazole-4-carboxylate, information, contact Bret Gates, Federal U.S.C. 553(b), are impracticable and
including its metabolites and Insurance and Mitigation unnecessary because communities listed
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Document Created: 2015-12-15 09:34:12
Document Modified: 2015-12-15 09:34:12
| 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 September 17, 2015. Objections and requests for hearings must be received on or before November 16, 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 55768 | |
| CFR Associated | Environmental Protection; Administrative Practice and Procedure; Agricultural Commodities; Pesticides and Pests and Reporting and Recordkeeping Requirements |
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