80 FR 78143 - Extension of Pesticide Residue Tolerances for Emergency Exemptions (Multiple Chemicals)
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 241 (December 16, 2015)
Federal Register Volume 80, Issue 241 (December 16, 2015)
| Page Range | 78143-78146 | |
| FR Document | 2015-31518 |
[Federal Register Volume 80, Number 241 (Wednesday, December 16, 2015)] [Rules and Regulations] [Pages 78143-78146] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-31518] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 180 [EPA-HQ-OPP-2015-0766; FRL-9939-95] Extension of Pesticide Residue Tolerances for Emergency Exemptions (Multiple Chemicals) AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This regulation extends existing time-limited tolerances for residues of the pesticides bifenthrin in or on apple, peach and nectarine; dinotefuran in or on pome fruit and stone fruit; imidacloprid in or on sugarcane, cane and sugarcane molasses; and streptomycin in or on grapefruit and grapefruit, dried pulp. These actions are in response to EPA's granting of emergency exemptions under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) authorizing use of these pesticides. In addition, the Federal Food, Drug, and Cosmetic Act (FFDCA) requires EPA to establish a time-limited tolerance or exemption from the requirement for a tolerance for pesticide chemical residues in food that will result from the use of a pesticide under an emergency exemption granted by EPA. DATES: This regulation is effective December 16, 2015. Objections and requests for hearings must be received on or before February 16, 2016, 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-2015-0766, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory Public Docket (OPP Docket) in the Environmental Protection Agency Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 1301 Constitution Ave. NW., Washington, DC 20460-0001. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566-1744, and the telephone number for the OPP Docket is (703) 305-5805. Please review the visitor instructions and additional information about the docket available at http://www.epa.gov/dockets. FOR FURTHER INFORMATION CONTACT: Susan Lewis, Registration Division (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; main telephone number: (703) 305-7090; email address: [email protected]. SUPPLEMENTARY INFORMATION: I. General Information A. Does this action apply to me? You may be potentially affected by this action if you are an agricultural producer, food manufacturer, or pesticide manufacturer. The following list of North American Industrial Classification System (NAICS) codes is not intended to be exhaustive, but rather provides a guide to help readers determine whether this document applies to them. Potentially affected entities may include:Crop production (NAICS code 111). Animal production (NAICS code 112). Food manufacturing (NAICS code 311). Pesticide manufacturing (NAICS code 32532). B. How can I get electronic access to other related information? You may access a frequently updated electronic version of 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-2015-0766 in the subject line on the first page of your submission. All requests must be in writing, and must be received by the Hearing Clerk on or before February 16, 2016. Addresses for mail and hand delivery of objections and hearing requests are provided in 40 CFR 178.25(b). In addition to filing an objection or hearing request with the Hearing Clerk as described in 40 CFR part 178, please submit a copy of the filing (excluding any Confidential Business Information (CBI)) for inclusion in the public docket. Information not marked confidential pursuant to 40 CFR part 2 may be disclosed publicly by EPA without prior notice. Submit the non-CBI copy of your objection or hearing request, identified by docket ID number EPA-HQ-OPP-2015-0766 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. [[Page 78144]] II. Background and Statutory Findings EPA published final rules in the Federal Register for each chemical listed. The initial issuance of these final rules announced that EPA, on its own initiative, under FFDCA section 408, 21 U.S.C. 346a, was establishing time-limited tolerances for residues of a pesticide in or on one or more food commodities. EPA established the tolerances because FFDCA section 408(l)(6) requires EPA to establish a time-limited tolerance, or exemption from the requirement for a tolerance, for pesticide chemical residues in food that will result from the use of a pesticide under an emergency exemption granted by EPA under FIFRA section 18. Such tolerances can be established without providing notice or time for public comment. EPA received requests to extend the emergency use of these chemicals for this year's growing season. After having reviewed these submissions, EPA concurs that emergency conditions continue to exist. EPA assessed the potential risks presented by residues for each chemical. In doing so, EPA considered the safety standard in FFDCA section 408(b)(2), and decided that the necessary tolerance under FFDCA section 408(l)(6) would be consistent with the safety standard and with FIFRA section 18. The data and other relevant material have been evaluated and discussed in the final rules originally published to support these uses. Based on that data and information considered, the Agency reaffirms that extension of these time-limited tolerances will continue to meet the requirements of FFDCA section 408(l)(6). Therefore, each of the time-limited tolerances is extended until the date listed, when they will expire and become revoked. EPA intends to publish a document in the Federal Register to remove the revoked tolerances from the Code of Federal Regulations (CFR). Although these tolerances will expire and are revoked on the dates listed, under FFDCA section 408(l)(5), residues of a pesticide not in excess of the amount specified in the tolerance remaining in or on a commodity after that date will not be unlawful, provided the residues are present as a result of an application or use of the pesticide at a time and in a manner that was lawful under FIFRA, a tolerance was in place at the time of the application, and the residues do not exceed the level that was authorized by the tolerance. EPA will take action to revoke these tolerances earlier if any experience with, scientific data on, or other relevant information on these pesticides indicates that the residues are not safe. Tolerances for the use of the following pesticide chemicals on specific commodities are being extended: Bifenthrin. EPA has authorized under FIFRA section 18 the use of bifenthrin on apple, peach, and nectarine for control of the brown marmorated stinkbug in multiple states. This regulation extends existing time-limited tolerances for residues of the insecticide bifenthrin, including its metabolites and degradates, in or on apple, peach, and nectarine at 0.5 part per million (ppm) for an additional 3- year period. These tolerances will expire and are revoked on December 31, 2018. The time-limited tolerances were originally published in the Federal Register of September 14, 2012 (77 FR 56782) (FRL-9361-6). Dinotefuran. EPA has authorized under FIFRA section 18 the use of dinotefuran on pome fruit and stone fruit for control of the brown marmorated stinkbug in multiple states. This regulation extends existing time-limited tolerances for residues of the insecticide dinotefuran, including its metabolites and degradates, in or on fruit, pome, group 11 and fruit, stone, group 12 at 2.0 ppm for an additional three-year period. These tolerances will expire and are revoked on December 31, 2018. The time-limited tolerances were originally published in the Federal Register of November 9, 2012 (77 FR 67282) (FRL-9366-3), and revised in the Federal Register of January 22, 2014 (79 FR 3508) (FRL-9402-8). Imidacloprid. EPA has authorized under FIFRA section 18 the use of imidacloprid on sugarcane for control of the West Indian cane fly in Louisiana. This regulation extends existing time-limited tolerances for residues of the insecticide imidacloprid, including its metabolites and degradates, in or on sugarcane, cane at 6.0 ppm and sugarcane, molasses at 50 ppm for an additional 3-year period. These tolerances will expire and are revoked on December 31, 2018. The time-limited tolerances were originally published in the Federal Register of June 5, 2013 (78 FR 33736) (FRL-9387-9). Streptomycin. EPA has authorized under FIFRA section 18 the use of streptomycin on grapefruit for control of citrus canker in Florida. This regulation extends existing time-limited tolerances for residues of the pesticide streptomycin, including its metabolites and degradates, in or on grapefruit at 0.15 ppm and grapefruit, dried pulp at 0.40 ppm for an additional 3-year period. These tolerances will expire and are revoked on December 31, 2018. The time-limited tolerances were originally published in the Federal Register of May 17, 2013 (78 FR 29049) (FRL-9385-3). III. International Residue Limits In making its tolerance decisions, EPA seeks to harmonize U.S. tolerances with international standards whenever possible, consistent with U.S. food safety standards and agricultural practices. EPA considers the international maximum residue limits (MRLs) established by the Codex Alimentarius Commission (Codex), as required by FFDCA section 408(b)(4). The Codex Alimentarius is a joint United Nations Food and Agriculture Organization/World Health Organization food standards program, and it is recognized as an international food safety standards-setting organization in trade agreements to which the United States is a party. EPA may establish a tolerance that is different from a Codex MRL; however, FFDCA section 408(b)(4) requires that EPA explain the reasons for departing from the Codex level. The Codex has not established MRLs for bifenthrin in/on apple, peach, or nectarine; dinotefuran in/on pome fruit or stone fruit; imidacloprid in/on sugarcane, cane or sugarcane molasses; nor streptomycin in/on grapefruit or grapefruit, dried pulp. IV. Statutory and Executive Order Reviews This action establishes tolerances under FFDCA sections 408(e) and 408(l)(6). The Office of Management and Budget (OMB) has exempted these types of actions from review under Executive Order 12866, entitled ``Regulatory Planning and Review'' (58 FR 51735, October 4, 1993). Because this action has been exempted from review under Executive Order 12866, this action is not subject to Executive Order 13211, entitled ``Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001) or Executive Order 13045, entitled ``Protection of Children from Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997). This action does not contain any information collections subject to OMB approval under the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.), nor does it require any special considerations under Executive Order 12898, entitled ``Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations'' (59 FR 7629, February 16, 1994). [[Page 78145]] Since tolerances and exemptions that are established under FFDCA sections 408(e) and 408(l)(6), such as the tolerances in this final rule, do not require the issuance of a proposed rule, the requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.), do not apply. This action directly regulates growers, food processors, food handlers, and food retailers, not States or tribes, nor does this action alter the relationships or distribution of power and responsibilities established by Congress in the preemption provisions of FFDCA section 408(n)(4). As such, the Agency has determined that this action will not have a substantial direct effect on States or tribal governments, on the relationship between the national government and the States or tribal governments, or on the distribution of power and responsibilities among the various levels of government or between the Federal Government and Indian tribes. Thus, the Agency has determined that Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 10, 1999) and Executive Order 13175, entitled ``Consultation and Coordination with Indian Tribal Governments'' (65 FR 67249, November 9, 2000) do not apply to this action. In addition, this action does not impose any enforceable duty or contain any unfunded mandate as described under Title II of the Unfunded Mandates Reform Act (UMRA) (2 U.S.C. 1501 et seq.). This action does not involve any technical standards that would require Agency consideration of voluntary consensus standards pursuant to section 12(d) of the National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note). V. Congressional Review Act Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.), EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). List of Subjects in 40 CFR Part 180 Environmental protection, Administrative practice and procedure, Agricultural commodities, Pesticides and pests, Reporting and recordkeeping requirements. Dated: December 8, 2015. Daniel J. Rosenblatt, Acting 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. 180.245, revise the table in paragraph (b) to read as follows: Sec. 180.245 Streptomycin; tolerances for residues. * * * * * (b) * * * ------------------------------------------------------------------------ Parts per Expiration/ Commodity million revocation date ------------------------------------------------------------------------ Grapefruit.......................... 0.15 12/31/2018 Grapefruit, dried pulp.............. 0.40 12/31/2018 ------------------------------------------------------------------------ * * * * * 0 3. In Sec. 180.442, revise the table in paragraph (b) to read as follows: Sec. 180.442 Bifenthrin; tolerances for residues. * * * * * (b) * * * ------------------------------------------------------------------------ Parts per Expiration/ Commodity million revocation date ------------------------------------------------------------------------ Apple............................... 0.5 12/31/2018 Nectarine........................... 0.5 12/31/2018 Peach............................... 0.5 12/31/2018 ------------------------------------------------------------------------ * * * * * 0 4. In Sec. 180.472, revise the table in paragraph (b) to read as follows: Sec. 180.472 Imidacloprid; tolerances for residues. * * * * * (b) * * * ------------------------------------------------------------------------ Parts per Expiration/ Commodity million revocation date ------------------------------------------------------------------------ Sugarcane, cane..................... 6.0 12/31/2018 Sugarcane, molasses................. 50 12/31/2018 ------------------------------------------------------------------------ * * * * * 0 5. In Sec. 180.603, revise the table in paragraph (b) to read as follows: Sec. 180.603 Dinotefuran; tolerances for residues. * * * * * (b) * * * ------------------------------------------------------------------------ Parts per Expiration/ Commodity million revocation date ------------------------------------------------------------------------ Fruit, pome, Group 11............... 2.0 12/31/2018 Fruit, stone, Group 12.............. 2.0 12/31/2018 ------------------------------------------------------------------------ [[Page 78146]] * * * * * [FR Doc. 2015-31518 Filed 12-15-15; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 80, No. 241 / Wednesday, December 16, 2015 / Rules and Regulations 78143
Senate, the U.S. House of granting of emergency exemptions • Pesticide manufacturing (NAICS
Representatives, and the Comptroller under the Federal Insecticide, code 32532).
General of the United States prior to Fungicide, and Rodenticide Act (FIFRA)
B. How can I get electronic access to
publication of the rule in the Federal authorizing use of these pesticides. In
other related information?
Register. This action is not a ‘‘major addition, the Federal Food, Drug, and
rule’’ as defined by 5 U.S.C. 804(2). Cosmetic Act (FFDCA) requires EPA to You may access a frequently updated
establish a time-limited tolerance or electronic version of 40 CFR part 180
List of Subjects in 40 CFR Part 180 exemption from the requirement for a through the Government Printing
Environmental protection, tolerance for pesticide chemical Office’s e-CFR site at http://
Administrative practice and procedure, residues in food that will result from the www.ecfr.gov/cgi-bin/text-
Agricultural commodities, Pesticides use of a pesticide under an emergency idx?&c=ecfr&tpl=/ecfrbrowse/Title40/
and pests, Reporting and recordkeeping exemption granted by EPA. 40tab_02.tpl.
requirements. DATES: This regulation is effective
C. How can I file an objection or hearing
Dated: December 3, 2015. December 16, 2015. Objections and
request?
Robert McNally, requests for hearings must be received
Director, Biopesticides and Pollution on or before February 16, 2016, and Under FFDCA section 408(g), 21
Prevention Division, Office of Pesticide must be filed in accordance with the U.S.C. 346a, any person may file an
Programs. instructions provided in 40 CFR part objection to any aspect of this regulation
178 (see also Unit I.C. of the and may also request a hearing on those
Therefore, 40 CFR chapter I is
SUPPLEMENTARY INFORMATION). objections. You must file your objection
amended as follows:
ADDRESSES: The docket for this action, or request a hearing on this regulation
PART 180—[AMENDED] identified by docket identification (ID) in accordance with the instructions
number EPA–HQ–OPP–2015–0766, is provided in 40 CFR part 178. To ensure
■ 1. The authority citation for part 180 available at http://www.regulations.gov proper receipt by EPA, you must
continues to read as follows: or at the Office of Pesticide Programs identify docket ID number EPA–HQ–
Authority: 21 U.S.C. 321(q), 346a and 371. Regulatory Public Docket (OPP Docket) OPP–2015–0766 in the subject line on
in the Environmental Protection Agency the first page of your submission. All
■ 2. Revise § 180.1128 to read as
Docket Center (EPA/DC), West William requests must be in writing, and must be
follows:
Jefferson Clinton Bldg., Rm. 3334, 1301 received by the Hearing Clerk on or
§ 180.1128 Bacillus amyloliquefaciens Constitution Ave. NW., Washington, DC before February 16, 2016. Addresses for
MBI600; exemption from the requirement of 20460–0001. The Public Reading Room mail and hand delivery of objections
a tolerance. is open from 8:30 a.m. to 4:30 p.m., and hearing requests are provided in 40
An exemption from the requirement Monday through Friday, excluding legal CFR 178.25(b).
of a tolerance is established for residues holidays. The telephone number for the In addition to filing an objection or
of the biofungicide Bacillus Public Reading Room is (202) 566–1744, hearing request with the Hearing Clerk
amyloliquefaciens MBI600 (antecedent and the telephone number for the OPP as described in 40 CFR part 178, please
Bacillus subtilis MBI600) in or on all Docket is (703) 305–5805. Please review submit a copy of the filing (excluding
food commodities, including residues the visitor instructions and additional any Confidential Business Information
resulting from post-harvest uses, when information about the docket available (CBI)) for inclusion in the public docket.
applied or used in accordance with at http://www.epa.gov/dockets. Information not marked confidential
good agricultural practices. FOR FURTHER INFORMATION CONTACT: pursuant to 40 CFR part 2 may be
[FR Doc. 2015–31462 Filed 12–15–15; 8:45 am] Susan Lewis, Registration Division disclosed publicly by EPA without prior
BILLING CODE 6560–50–P (7505P), Office of Pesticide Programs, notice. Submit the non-CBI copy of your
Environmental Protection Agency, 1200 objection or hearing request, identified
Pennsylvania Ave. NW., Washington, by docket ID number EPA–HQ–OPP–
ENVIRONMENTAL PROTECTION DC 20460–0001; main telephone 2015–0766 by one of the following
AGENCY number: (703) 305–7090; email address: methods:
RDFRNotices@epa.gov. • Federal eRulemaking Portal: http://
40 CFR Part 180 www.regulations.gov. Follow the online
SUPPLEMENTARY INFORMATION:
[EPA–HQ–OPP–2015–0766; FRL–9939–95] instructions for submitting comments.
I. General Information Do not submit electronically any
Extension of Pesticide Residue A. Does this action apply to me? information you consider to be CBI or
Tolerances for Emergency Exemptions other information whose disclosure is
You may be potentially affected by
(Multiple Chemicals) restricted by statute.
this action if you are an agricultural
AGENCY: Environmental Protection producer, food manufacturer, or • Mail: OPP Docket, Environmental
Agency (EPA). pesticide manufacturer. The following Protection Agency Docket Center (EPA/
list of North American Industrial DC), (28221T), 1200 Pennsylvania Ave.,
ACTION: Final rule.
Classification System (NAICS) codes is NW., Washington, DC 20460–0001.
SUMMARY: This regulation extends not intended to be exhaustive, but rather • Hand Delivery: To make special
existing time-limited tolerances for provides a guide to help readers arrangements for hand delivery or
residues of the pesticides bifenthrin in determine whether this document delivery of boxed information, please
or on apple, peach and nectarine; applies to them. Potentially affected follow the instructions at http://
tkelley on DSK3SPTVN1PROD with RULES
dinotefuran in or on pome fruit and entities may include: www.epa.gov/dockets/contacts.html.
stone fruit; imidacloprid in or on • Crop production (NAICS code 111). Additional instructions on
sugarcane, cane and sugarcane • Animal production (NAICS code commenting or visiting the docket,
molasses; and streptomycin in or on 112). along with more information about
grapefruit and grapefruit, dried pulp. • Food manufacturing (NAICS code dockets generally, is available at
These actions are in response to EPA’s 311). http://www.epa.gov/dockets.
VerDate Sep<11>2014 16:18 Dec 15, 2015 Jkt 238001 PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 E:\FR\FM\16DER1.SGM 16DER1](https://thefederalregister.org/doc/80_FR_78384/page/1.svg)
![Federal Register / Vol. 80, No. 241 / Wednesday, December 16, 2015 / Rules and Regulations 78145
Since tolerances and exemptions that 1999) and Executive Order 13175, Register. This action is not a ‘‘major
are established under FFDCA sections entitled ‘‘Consultation and Coordination rule’’ as defined by 5 U.S.C. 804(2).
408(e) and 408(l)(6), such as the with Indian Tribal Governments’’ (65 FR List of Subjects in 40 CFR Part 180
tolerances in this final rule, do not 67249, November 9, 2000) do not apply
require the issuance of a proposed rule, to this action. In addition, this action Environmental protection,
the requirements of the Regulatory does not impose any enforceable duty or Administrative practice and procedure,
Flexibility Act (RFA) (5 U.S.C. 601 et contain any unfunded mandate as Agricultural commodities, Pesticides
seq.), do not apply. described under Title II of the Unfunded and pests, Reporting and recordkeeping
Mandates Reform Act (UMRA) (2 U.S.C. requirements.
This action directly regulates growers,
food processors, food handlers, and food 1501 et seq.). Dated: December 8, 2015.
retailers, not States or tribes, nor does This action does not involve any Daniel J. Rosenblatt,
this action alter the relationships or technical standards that would require Acting Director, Registration Division, Office
distribution of power and of Pesticide Programs.
Agency consideration of voluntary
responsibilities established by Congress consensus standards pursuant to section Therefore, 40 CFR chapter I is
in the preemption provisions of FFDCA 12(d) of the National Technology amended as follows:
section 408(n)(4). As such, the Agency
Transfer and Advancement Act PART 180—[AMENDED]
has determined that this action will not
(NTTAA) (15 U.S.C. 272 note).
have a substantial direct effect on States
or tribal governments, on the ■ 1. The authority citation for part 180
V. Congressional Review Act
relationship between the national continues to read as follows:
government and the States or tribal Pursuant to the Congressional Review Authority: 21 U.S.C. 321(q), 346a and 371.
governments, or on the distribution of Act (5 U.S.C. 801 et seq.), EPA will
■ 2. In § 180.245, revise the table in
power and responsibilities among the submit a report containing this rule and paragraph (b) to read as follows:
various levels of government or between other required information to the U.S.
the Federal Government and Indian Senate, the U.S. House of § 180.245 Streptomycin; tolerances for
tribes. Thus, the Agency has determined Representatives, and the Comptroller residues.
that Executive Order 13132, entitled General of the United States prior to * * * * *
‘‘Federalism’’ (64 FR 43255, August 10, publication of the rule in the Federal (b) * * *
Expiration/
Commodity Parts per million revocation date
Grapefruit ......................................................................................................................................................... 0.15 12/31/2018
Grapefruit, dried pulp ....................................................................................................................................... 0.40 12/31/2018
* * * * * § 180.442 Bifenthrin; tolerances for (b) * * *
■ 3. In § 180.442, revise the table in residues.
paragraph (b) to read as follows: * * * * *
Expiration/
Commodity Parts per million revocation date
Apple ................................................................................................................................................................ 0.5 12/31/2018
Nectarine .......................................................................................................................................................... 0.5 12/31/2018
Peach ............................................................................................................................................................... 0.5 12/31/2018
* * * * * § 180.472 Imidacloprid; tolerances for (b) * * *
■ 4. In § 180.472, revise the table in residues.
paragraph (b) to read as follows: * * * * *
Expiration/
Commodity Parts per million revocation date
Sugarcane, cane .............................................................................................................................................. 6.0 12/31/2018
Sugarcane, molasses ...................................................................................................................................... 50 12/31/2018
* * * * * § 180.603 Dinotefuran; tolerances for (b) * * *
■ 5. In § 180.603, revise the table in residues.
paragraph (b) to read as follows: * * * * *
tkelley on DSK3SPTVN1PROD with RULES
Expiration/
Commodity Parts per million revocation date
Fruit, pome, Group 11 ..................................................................................................................................... 2.0 12/31/2018
Fruit, stone, Group 12 ..................................................................................................................................... 2.0 12/31/2018
VerDate Sep<11>2014 16:18 Dec 15, 2015 Jkt 238001 PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 E:\FR\FM\16DER1.SGM 16DER1](https://thefederalregister.org/doc/80_FR_78384/page/3.svg)
![78146 Federal Register / Vol. 80, No. 241 / Wednesday, December 16, 2015 / Rules and Regulations
* * * * * number: (703) 305–7090; email address: 2015–0023, by one of the following
[FR Doc. 2015–31518 Filed 12–15–15; 8:45 am] BPPDFRNotices@epa.gov. methods:
BILLING CODE 6560–50–P SUPPLEMENTARY INFORMATION: • Federal eRulemaking Portal: http://
www.regulations.gov. Follow the online
I. General Information instructions for submitting comments.
ENVIRONMENTAL PROTECTION A. Does this action apply to me? Do not submit electronically any
AGENCY information you consider to be CBI or
You may be potentially affected by other information whose disclosure is
40 CFR Part 180 this action if you are an agricultural restricted by statute.
producer, food manufacturer, or • Mail: OPP Docket, Environmental
[EPA–HQ–OPP–2015–0023; FRL–9935–81] pesticide manufacturer. The following Protection Agency Docket Center (EPA/
list of North American Industrial DC), (28221T), 1200 Pennsylvania Ave.
Choline Chloride; Exemption From the
Classification System (NAICS) codes is NW., Washington, DC 20460–0001.
Requirement of a Tolerance
not intended to be exhaustive, but rather • Hand Delivery: To make special
AGENCY: Environmental Protection provides a guide to help readers arrangements for hand delivery or
Agency (EPA). determine whether this document delivery of boxed information, please
ACTION: Final rule. applies to them. Potentially affected follow the instructions at http://
entities may include: www.epa.gov/dockets/contacts.html.
SUMMARY: This regulation establishes an • Crop production (NAICS code 111). Additional instructions on commenting
exemption from the requirement of a • Animal production (NAICS code or visiting the docket, along with more
tolerance for residues of the Choline 112). information about dockets generally, is
Chloride (Acetyl Choline) in or on all • Food manufacturing (NAICS code available at http://www.epa.gov/
food commodities when applied/used 311). dockets.
pre-harvest and used in accordance with • Pesticide manufacturing (NAICS
code 32532). II. Background and Statutory Findings
label directions and good agricultural
practices. CP Bio, Inc., submitted a In the Federal Register of March 4,
B. How can I get electronic access to 2015 (80 FR 11611) (FRL–9922–68),
petition to EPA under the Federal Food, other related information?
Drug, and Cosmetic Act (FFDCA), EPA issued a document pursuant to
requesting an exemption from the You may access a frequently updated FFDCA section 408(d)(3), 21 U.S.C.
requirement of a tolerance. This electronic version of 40 CFR part 180 346a(d)(3), announcing the filing of a
regulation eliminates the need to through the Government Printing pesticide tolerance petition (PP 4F8287)
establish a maximum permissible level Office’s e-CFR site at http:// by CP Bio, Inc., 4802 Murrieta Street,
for residues of Choline Chloride. www.ecfr.gov/cgi-bin/text- Chino, CA 91710. The petition
idx?&c=ecfr&tpl=/ecfrbrowse/Title40/ requested that 40 CFR part 180 be
DATES: This regulation is effective
40tab_02.tpl. amended by establishing an exemption
December 16, 2015. Objections and
from the requirement of a tolerance for
requests for hearings must be received C. How can I file an objection or hearing residues of Choline Chloride in or on all
on or before February 16, 2016, and request? food commodities (when applied pre-
must be filed in accordance with the Under FFDCA section 408(g), 21 harvest). That document referenced a
instructions provided in 40 CFR part U.S.C. 346a, any person may file an summary of the petition prepared by the
178 (see also Unit I.C. of the objection to any aspect of this regulation petitioner CP Bio, Inc., which is
SUPPLEMENTARY INFORMATION).
and may also request a hearing on those available in the docket, http://
ADDRESSES: The docket for this action, objections. You must file your objection www.regulations.gov. There were no
identified by docket identification (ID) or request a hearing on this regulation substantive comments received in
number EPA–HQ–OPP–2015–0023, is in accordance with the instructions response to the notice of filing.
available at http://www.regulations.gov provided in 40 CFR part 178. To ensure Section 408(c)(2)(A)(i) of FFDCA
or at the Office of Pesticide Programs proper receipt by EPA, you must allows EPA to establish an exemption
Regulatory Public Docket (OPP Docket) identify docket ID number EPA–HQ– from the requirement for a tolerance (the
in the Environmental Protection Agency OPP–2015–0023 in the subject line on legal limit for a pesticide chemical
Docket Center (EPA/DC), West William the first page of your submission. All residue in or on a food) only if EPA
Jefferson Clinton Bldg., Rm. 3334, 1301 objections and requests for a hearing determines that the exemption is ‘‘safe.’’
Constitution Ave. NW., Washington, DC must be in writing, and must be Section 408(c)(2)(A)(ii) of FFDCA
20460–0001. The Public Reading Room received by the Hearing Clerk on or defines ‘‘safe’’ to mean that ‘‘there is a
is open from 8:30 a.m. to 4:30 p.m., before February 16, 2016. Addresses for reasonable certainty that no harm will
Monday through Friday, excluding legal mail and hand delivery of objections result from aggregate exposure to the
holidays. The telephone number for the and hearing requests are provided in 40 pesticide chemical residue, including
Public Reading Room is (202) 566–1744, CFR 178.25(b). all anticipated dietary exposures and all
and the telephone number for the OPP In addition to filing an objection or other exposures for which there is
Docket is (703) 305–5805. Please review hearing request with the Hearing Clerk reliable information.’’ This includes
the visitor instructions and additional as described in 40 CFR part 178, please exposure through drinking water and in
information about the docket available submit a copy of the filing (excluding residential settings, but does not include
at http://www.epa.gov/dockets. any Confidential Business Information occupational exposure. Pursuant to
FOR FURTHER INFORMATION CONTACT: (CBI)) for inclusion in the public docket. FFDCA section 408(c)(2)(B), in
tkelley on DSK3SPTVN1PROD with RULES
Robert McNally, Biopesticides and Information not marked confidential establishing or maintaining in effect an
Pollution Prevention Division (7511P), pursuant to 40 CFR part 2 may be exemption from the requirement of a
Office of Pesticide Programs, disclosed publicly by EPA without prior tolerance, EPA must take into account
Environmental Protection Agency, 1200 notice. Submit the non-CBI copy of your the factors set forth in FFDCA section
Pennsylvania Ave. NW., Washington, objection or hearing request, identified 408(b)(2)(C), which require EPA to give
DC 20460–0001; main telephone by docket ID number EPA–HQ–OPP– special consideration to exposure of
VerDate Sep<11>2014 16:18 Dec 15, 2015 Jkt 238001 PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 E:\FR\FM\16DER1.SGM 16DER1](https://thefederalregister.org/doc/80_FR_78384/page/4.svg)
Document Created: 2015-12-16 01:01:01
Document Modified: 2015-12-16 01:01:01
| 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 December 16, 2015. Objections and requests for hearings must be received on or before February 16, 2016, 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 78143 | |
| CFR Associated | Environmental Protection; Administrative Practice and Procedure; Agricultural Commodities; Pesticides and Pests and Reporting and Recordkeeping Requirements |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR