80_FR_9425 80 FR 9390 - Fomesafen; Pesticide Tolerance

80 FR 9390 - Fomesafen; Pesticide Tolerance

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 35 (February 23, 2015)

Page Range9390-9391
FR Document2015-03575

This regulation establishes a tolerance for residues of fomesafen in or on watermelon. Interregional Research Project Number 4 (IR-4) requested this tolerance under the Federal Food, Drug, and Cosmetic Act (FFDCA). A final rule establishing a tolerance for residues of fomesafen on watermelon, among other commodities, was previously published in the Federal Register on November 1, 2013, however, watermelon was not ultimately included in the table in the Code of Federal Regulations (CFR) under section 180.433 paragraph (a). This document corrects that error.

Federal Register, Volume 80 Issue 35 (Monday, February 23, 2015)
[Federal Register Volume 80, Number 35 (Monday, February 23, 2015)]
[Rules and Regulations]
[Pages 9390-9391]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-03575]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2012-0589; FRL-9922-82]


Fomesafen; Pesticide Tolerance

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: This regulation establishes a tolerance for residues of 
fomesafen in or on watermelon. Interregional Research Project Number 4 
(IR-4) requested this tolerance under the Federal Food, Drug, and 
Cosmetic Act (FFDCA). A final rule establishing a tolerance for 
residues of fomesafen on watermelon, among other commodities, was 
previously published in the Federal Register on November 1, 2013, 
however, watermelon was not ultimately included in the table in the 
Code of Federal Regulations (CFR) under section 180.433 paragraph (a). 
This document corrects that error.

DATES: This regulation is effective February 23, 2015. Objections and 
requests for hearings must be received on or before April 24, 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-2012-0589, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory 
Public Docket (OPP Docket) in the Environmental Protection Agency 
Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 
1301 Constitution Ave. NW., Washington, DC 20460-0001. The Public 
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through 
Friday, excluding legal holidays. The telephone number for the Public 
Reading Room is (202) 566-1744, and the telephone number for the OPP 
Docket is (703) 305-5805. Please review the visitor instructions and 
additional information about the docket available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Susan Lewis, Registration Division 
(7505P), Office of Pesticide Programs, Environmental Protection Agency, 
1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; main telephone 
number: (703) 305-7090; email address: [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an 
agricultural producer, food manufacturer, or pesticide manufacturer. 
The following list of North American Industrial Classification System 
(NAICS) codes is not intended to be exhaustive, but rather provides a 
guide to help readers determine whether this document applies to them. 
Potentially affected entities may include:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).

B. How can I get electronic access to other related information?

    You may access a frequently updated electronic version of EPA's 
tolerance regulations at 40 CFR part 180 through the Government 
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-2012-0589 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 
April 24, 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-2012-0589, 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

[[Page 9391]]

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 September 28, 2012 (77 FR 59578) (FRL-
9364-6), 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 
2E8061) by IR-4, IR-4 Project Headquarters, 500 College Road East, 
Suite 201W, Princeton, NJ 08540. The petition requested that 40 CFR 
180.433 be amended by establishing tolerances for residues of the 
herbicide fomesafen, 5-[2-chloro-4-(trifluoromethyl)phenoxy]-N-
(methylsulfonyl)-2-nitrobenzamide, in or on cantaloupe; cucumber; pea, 
succulent; pumpkin; squash, summer; squash, winter; and watermelon at 
0.025 parts per million (ppm); and soybean, vegetable, succulent at 
0.05 ppm. The document referenced a summary of the petition prepared by 
Syngenta Crop Protections, LLC, the registrant, which is available in 
the docket, http://www.regulations.gov.
    A final rule establishing tolerances on these commodities, 
including watermelon at 0.025 ppm, was published in the Federal 
Register on November 1, 2013 (78 FR 65565) (FRL-9401-8); however, 
watermelon was not ultimately included in the CFR under section 180.433 
paragraph (a). This document corrects that error and establishes the 
tolerance for residues of fomesafen in or on watermelon at 0.025 ppm.

III. Aggregate Risk Assessment and Determination of Safety

    EPA is relying upon the findings summarized in the November 1, 
2013, final rule (78 FR 65565) (FRL-9401-8) that established tolerances 
for residues of fomesafen in or on multiple commodities, including 
watermelon, to establish this tolerance. Details regarding the final 
rule as well as its associated supporting risk assessments are 
available at http://www.regulations.gov in docket ID number EPA-HQ-OPP-
2012-0589.
    Based on the risk assessments used to support the November 1, 2013, 
Federal Register notice, 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 fomesafen residues.

IV. Conclusion

    Therefore, a tolerance is established for residues of the herbicide 
fomesafen, including its metabolites and degradates, in or on 
watermelon at 0.025 ppm.

V. Statutory and Executive Order Reviews

    This action establishes tolerances under FFDCA section 408(d) in 
response to a petition submitted to the Agency. The Office of 
Management and Budget (OMB) has exempted these types of actions from 
review under Executive Order 12866, entitled ``Regulatory Planning and 
Review'' (58 FR 51735, October 4, 1993). Because this action has been 
exempted from review under Executive Order 12866, this action is not 
subject to Executive Order 13211, entitled ``Actions Concerning 
Regulations That Significantly Affect Energy Supply, Distribution, or 
Use'' (66 FR 28355, May 22, 2001) or Executive Order 13045, entitled 
``Protection of Children from Environmental Health Risks and Safety 
Risks'' (62 FR 19885, April 23, 1997). This action does not contain any 
information collections subject to OMB approval under the Paperwork 
Reduction Act (PRA) (44 U.S.C. 3501 et seq.), nor does it require any 
special considerations under Executive Order 12898, entitled ``Federal 
Actions to Address Environmental Justice in Minority Populations and 
Low-Income Populations'' (59 FR 7629, February 16, 1994).
    Since tolerances and exemptions that are established on the basis 
of a petition under FFDCA section 408(d), such as the tolerance in this 
final rule, do not require the issuance of a proposed rule, the 
requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et 
seq.), do not apply.
    This action directly regulates growers, food processors, food 
handlers, and food retailers, not States or tribes, nor does this 
action alter the relationships or distribution of power and 
responsibilities established by Congress in the preemption provisions 
of FFDCA section 408(n)(4). As such, the Agency has determined that 
this action will not have a substantial direct effect on States or 
tribal governments, on the relationship between the national government 
and the States or tribal governments, or on the distribution of power 
and responsibilities among the various levels of government or between 
the Federal Government and Indian Tribes. Thus, the Agency has 
determined that Executive Order 13132, entitled ``Federalism'' (64 FR 
43255, August 10, 1999) and Executive Order 13175, entitled 
``Consultation and Coordination with Indian Tribal Governments'' (65 FR 
67249, November 9, 2000) do not apply to this action. In addition, this 
action does not impose any enforceable duty or contain any unfunded 
mandate as described under Title II of the Unfunded Mandates Reform Act 
(UMRA) (2 U.S.C. 1501 et seq.).
    This action does not involve any technical standards that would 
require Agency consideration of voluntary consensus standards pursuant 
to section 12(d) of the National Technology Transfer and Advancement 
Act (NTTAA) (15 U.S.C. 272 note).

VI. 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: February 12, 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.  180.433, by adding alphabetically the following entry 
``Watermelon'' to the table in paragraph (a) to read as follows:


Sec.  180.433  Fomesafen; tolerances for residues.

    (a) * * *

------------------------------------------------------------------------
                                                             Parts per
                        Commodity                             million
------------------------------------------------------------------------
 
                                * * * * *
------------------------------------------------------------------------
Watermelon..............................................           0.025
------------------------------------------------------------------------

* * * * *
[FR Doc. 2015-03575 Filed 2-20-15; 8:45 am]
BILLING CODE 6560-50-P



                                              9390             Federal Register / Vol. 80, No. 35 / Monday, February 23, 2015 / Rules and Regulations

                                              Agency consideration of voluntary                       SUMMARY:   This regulation establishes a                • Animal production (NAICS code
                                              consensus standards pursuant to section                 tolerance for residues of fomesafen in or             112).
                                              12(d) of the National Technology                        on watermelon. Interregional Research                   • Food manufacturing (NAICS code
                                              Transfer and Advancement Act                            Project Number 4 (IR–4) requested this                311).
                                              (NTTAA) (15 U.S.C. 272 note).                           tolerance under the Federal Food, Drug,                 • Pesticide manufacturing (NAICS
                                                                                                      and Cosmetic Act (FFDCA). A final rule                code 32532).
                                              X. Congressional Review Act
                                                                                                      establishing a tolerance for residues of              B. How can I get electronic access to
                                                Pursuant to the Congressional Review                  fomesafen on watermelon, among other                  other related information?
                                              Act (5 U.S.C. 801 et seq.), EPA will                    commodities, was previously published
                                              submit a report containing this rule and                in the Federal Register on November 1,                   You may access a frequently updated
                                              other required information to the U.S.                  2013, however, watermelon was not                     electronic version of EPA’s tolerance
                                              Senate, the U.S. House of                               ultimately included in the table in the               regulations at 40 CFR part 180 through
                                              Representatives, and the Comptroller                    Code of Federal Regulations (CFR)                     the Government Printing Office’s e-CFR
                                              General of the United States prior to                   under section 180.433 paragraph (a).                  site at http://www.ecfr.gov/cgi-bin/text-
                                              publication of the rule in the Federal                  This document corrects that error.                    idx?&c=ecfr&tpl=/ecfrbrowse/Title40/
                                              Register. This action is not a ‘‘major                                                                        40tab_02.tpl.
                                                                                                      DATES: This regulation is effective
                                              rule’’ as defined by 5 U.S.C. 804(2).                   February 23, 2015. Objections and                     C. How can I file an objection or hearing
                                              List of Subjects in 40 CFR Part 174                     requests for hearings must be received                request?
                                                Environmental protection,                             on or before April 24, 2015, and must                   Under FFDCA section 408(g), 21
                                              Administrative practice and procedure,                  be filed in accordance with the                       U.S.C. 346a, any person may file an
                                              Agricultural commodities, Pesticides                    instructions provided in 40 CFR part                  objection to any aspect of this regulation
                                              and pests, Reporting and recordkeeping                  178 (see also Unit I.C. of the                        and may also request a hearing on those
                                                                                                      SUPPLEMENTARY INFORMATION).                           objections. You must file your objection
                                              requirements.
                                                                                                      ADDRESSES: The docket for this action,                or request a hearing on this regulation
                                                Dated: February 4, 2015.
                                                                                                      identified by docket identification (ID)              in accordance with the instructions
                                              Kimberly Nesci,
                                                                                                      number EPA–HQ–OPP–2012–0589, is                       provided in 40 CFR part 178. To ensure
                                              Chief, Microbial Pesticides Branch,                     available at http://www.regulations.gov               proper receipt by EPA, you must
                                              Biopesticides and Pollution Prevention
                                                                                                      or at the Office of Pesticide Programs                identify docket ID number EPA–HQ–
                                              Division, Office of Pesticide Programs.
                                                                                                      Regulatory Public Docket (OPP Docket)                 OPP–2012–0589 in the subject line on
                                                Therefore, 40 CFR chapter I is                        in the Environmental Protection Agency                the first page of your submission. All
                                              amended as follows:                                     Docket Center (EPA/DC), West William                  objections and requests for a hearing
                                                                                                      Jefferson Clinton Bldg., Rm. 3334, 1301               must be in writing, and must be
                                              PART 174—[AMENDED]
                                                                                                      Constitution Ave. NW., Washington, DC                 received by the Hearing Clerk on or
                                              ■ 1. The authority citation for part 174                20460–0001. The Public Reading Room                   before April 24, 2015. Addresses for
                                              continues to read as follows:                           is open from 8:30 a.m. to 4:30 p.m.,                  mail and hand delivery of objections
                                                                                                      Monday through Friday, excluding legal                and hearing requests are provided in 40
                                                  Authority: 21 U.S.C. 321(q), 346a and 371.
                                                                                                      holidays. The telephone number for the                CFR 178.25(b).
                                              ■ 2. Add § 174.534 to subpart W to read                 Public Reading Room is (202) 566–1744,                  In addition to filing an objection or
                                              as follows:                                             and the telephone number for the OPP                  hearing request with the Hearing Clerk
                                                                                                      Docket is (703) 305–5805. Please review               as described in 40 CFR part 178, please
                                              § 174.534 VNT1 protein in potato;
                                                                                                      the visitor instructions and additional               submit a copy of the filing (excluding
                                              temporary exemption from the requirement
                                              of a tolerance.                                         information about the docket available                any Confidential Business Information
                                                                                                      at http://www.epa.gov/dockets.                        (CBI)) for inclusion in the public docket.
                                                Residues of VNT1 protein in potato
                                                                                                      FOR FURTHER INFORMATION CONTACT:                      Information not marked confidential
                                              are exempt from the requirement of a
                                                                                                      Susan Lewis, Registration Division                    pursuant to 40 CFR part 2 may be
                                              tolerance when the Rpi-vnt1 gene that
                                                                                                      (7505P), Office of Pesticide Programs,                disclosed publicly by EPA without prior
                                              expresses the VNT1 protein is used as
                                                                                                      Environmental Protection Agency, 1200                 notice. Submit the non-CBI copy of your
                                              a plant-incorporated protectant in
                                                                                                      Pennsylvania Ave. NW., Washington,                    objection or hearing request, identified
                                              potato in accordance with the terms of
                                                                                                      DC 20460–0001; main telephone                         by docket ID number EPA–HQ–OPP–
                                              Experimental Use Permit No. 8917–
                                                                                                      number: (703) 305–7090; email address:                2012–0589, by one of the following
                                              EUP–2. This temporary exemption from
                                                                                                      RDFRNotices@epa.gov.                                  methods:
                                              the requirement of a tolerance expires                                                                          • Federal eRulemaking Portal: http://
                                              on December 31, 2015.                                   SUPPLEMENTARY INFORMATION:
                                                                                                                                                            www.regulations.gov. Follow the online
                                              [FR Doc. 2015–03570 Filed 2–20–15; 8:45 am]             I. General Information                                instructions for submitting comments.
                                              BILLING CODE 6560–50–P                                                                                        Do not submit electronically any
                                                                                                      A. Does this action apply to me?
                                                                                                                                                            information you consider to be CBI or
                                                                                                         You may be potentially affected by                 other information whose disclosure is
                                              ENVIRONMENTAL PROTECTION                                this action if you are an agricultural                restricted by statute.
                                              AGENCY                                                  producer, food manufacturer, or                         • Mail: OPP Docket, Environmental
                                                                                                      pesticide manufacturer. The following                 Protection Agency Docket Center (EPA/
                                              40 CFR Part 180                                         list of North American Industrial                     DC), (28221T), 1200 Pennsylvania Ave.
emcdonald on DSK67QTVN1PROD with RULES




                                              [EPA–HQ–OPP–2012–0589; FRL–9922–82]                     Classification System (NAICS) codes is                NW., Washington, DC 20460–0001.
                                                                                                      not intended to be exhaustive, but rather               • Hand Delivery: To make special
                                              Fomesafen; Pesticide Tolerance                          provides a guide to help readers                      arrangements for hand delivery or
                                              AGENCY:  Environmental Protection                       determine whether this document                       delivery of boxed information, please
                                              Agency (EPA).                                           applies to them. Potentially affected                 follow the instructions at http://
                                                                                                      entities may include:                                 www.epa.gov/dockets/contacts.html.
                                              ACTION: Final rule.
                                                                                                         • Crop production (NAICS code 111).                Additional instructions on commenting


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                                                               Federal Register / Vol. 80, No. 35 / Monday, February 23, 2015 / Rules and Regulations                                                         9391

                                              or visiting the docket, along with more                 IV. Conclusion                                        August 10, 1999) and Executive Order
                                              information about dockets generally, is                   Therefore, a tolerance is established               13175, entitled ‘‘Consultation and
                                              available at http://www.epa.gov/                        for residues of the herbicide fomesafen,              Coordination with Indian Tribal
                                              dockets.                                                including its metabolites and                         Governments’’ (65 FR 67249, November
                                                                                                      degradates, in or on watermelon at 0.025              9, 2000) do not apply to this action. In
                                              II. Summary of Petitioned-For                                                                                 addition, this action does not impose
                                              Tolerance                                               ppm.
                                                                                                                                                            any enforceable duty or contain any
                                                                                                      V. Statutory and Executive Order                      unfunded mandate as described under
                                                 In the Federal Register of September
                                                                                                      Reviews                                               Title II of the Unfunded Mandates
                                              28, 2012 (77 FR 59578) (FRL–9364–6),
                                              EPA issued a document pursuant to                          This action establishes tolerances                 Reform Act (UMRA) (2 U.S.C. 1501 et
                                                                                                      under FFDCA section 408(d) in                         seq.).
                                              FFDCA section 408(d)(3), 21 U.S.C.
                                                                                                      response to a petition submitted to the                  This action does not involve any
                                              346a(d)(3), announcing the filing of a                                                                        technical standards that would require
                                              pesticide petition (PP 2E8061) by IR–4,                 Agency. The Office of Management and
                                                                                                      Budget (OMB) has exempted these types                 Agency consideration of voluntary
                                              IR–4 Project Headquarters, 500 College                                                                        consensus standards pursuant to section
                                              Road East, Suite 201W, Princeton, NJ                    of actions from review under Executive
                                                                                                      Order 12866, entitled ‘‘Regulatory                    12(d) of the National Technology
                                              08540. The petition requested that 40                                                                         Transfer and Advancement Act
                                              CFR 180.433 be amended by                               Planning and Review’’ (58 FR 51735,
                                                                                                      October 4, 1993). Because this action                 (NTTAA) (15 U.S.C. 272 note).
                                              establishing tolerances for residues of
                                              the herbicide fomesafen, 5-[2-chloro-4-                 has been exempted from review under                   VI. Congressional Review Act
                                              (trifluoromethyl)phenoxy]-N-                            Executive Order 12866, this action is
                                                                                                                                                              Pursuant to the Congressional Review
                                              (methylsulfonyl)-2-nitrobenzamide, in                   not subject to Executive Order 13211,
                                                                                                                                                            Act (5 U.S.C. 801 et seq.), EPA will
                                              or on cantaloupe; cucumber; pea,                        entitled ‘‘Actions Concerning
                                                                                                                                                            submit a report containing this rule and
                                                                                                      Regulations That Significantly Affect
                                              succulent; pumpkin; squash, summer;                                                                           other required information to the U.S.
                                                                                                      Energy Supply, Distribution, or Use’’ (66
                                              squash, winter; and watermelon at 0.025                                                                       Senate, the U.S. House of
                                                                                                      FR 28355, May 22, 2001) or Executive
                                              parts per million (ppm); and soybean,                                                                         Representatives, and the Comptroller
                                                                                                      Order 13045, entitled ‘‘Protection of
                                              vegetable, succulent at 0.05 ppm. The                                                                         General of the United States prior to
                                                                                                      Children from Environmental Health
                                              document referenced a summary of the                                                                          publication of the rule in the Federal
                                                                                                      Risks and Safety Risks’’ (62 FR 19885,
                                              petition prepared by Syngenta Crop                                                                            Register. This action is not a ‘‘major
                                                                                                      April 23, 1997). This action does not
                                              Protections, LLC, the registrant, which                                                                       rule’’ as defined by 5 U.S.C. 804(2).
                                                                                                      contain any information collections
                                              is available in the docket, http://                     subject to OMB approval under the                     List of Subjects in 40 CFR Part 180
                                              www.regulations.gov.                                    Paperwork Reduction Act (PRA) (44                       Environmental protection,
                                                 A final rule establishing tolerances on              U.S.C. 3501 et seq.), nor does it require             Administrative practice and procedure,
                                              these commodities, including                            any special considerations under                      Agricultural commodities, Pesticides
                                              watermelon at 0.025 ppm, was                            Executive Order 12898, entitled                       and pests, Reporting and recordkeeping
                                              published in the Federal Register on                    ‘‘Federal Actions to Address                          requirements.
                                              November 1, 2013 (78 FR 65565) (FRL–                    Environmental Justice in Minority
                                                                                                      Populations and Low-Income                              Dated: February 12, 2015.
                                              9401–8); however, watermelon was not
                                              ultimately included in the CFR under                    Populations’’ (59 FR 7629, February 16,               Susan Lewis,
                                              section 180.433 paragraph (a). This                     1994).                                                Director, Registration Division, Office of
                                                                                                         Since tolerances and exemptions that               Pesticide Programs.
                                              document corrects that error and
                                              establishes the tolerance for residues of               are established on the basis of a petition              Therefore, 40 CFR chapter I is
                                              fomesafen in or on watermelon at 0.025                  under FFDCA section 408(d), such as                   amended as follows:
                                              ppm.                                                    the tolerance in this final rule, do not
                                                                                                      require the issuance of a proposed rule,              PART 180—[AMENDED]
                                              III. Aggregate Risk Assessment and                      the requirements of the Regulatory
                                              Determination of Safety                                                                                       ■ 1. The authority citation for part 180
                                                                                                      Flexibility Act (RFA) (5 U.S.C. 601 et
                                                                                                                                                            continues to read as follows:
                                                                                                      seq.), do not apply.
                                                 EPA is relying upon the findings                                                                               Authority: 21 U.S.C. 321(q), 346a and 371.
                                                                                                         This action directly regulates growers,
                                              summarized in the November 1, 2013,
                                                                                                      food processors, food handlers, and food              ■ 2. In § 180.433, by adding
                                              final rule (78 FR 65565) (FRL–9401–8)
                                                                                                      retailers, not States or tribes, nor does             alphabetically the following entry
                                              that established tolerances for residues
                                                                                                      this action alter the relationships or                ‘‘Watermelon’’ to the table in paragraph
                                              of fomesafen in or on multiple
                                                                                                      distribution of power and                             (a) to read as follows:
                                              commodities, including watermelon, to                   responsibilities established by Congress
                                              establish this tolerance. Details                       in the preemption provisions of FFDCA                 § 180.433 Fomesafen; tolerances for
                                              regarding the final rule as well as its                 section 408(n)(4). As such, the Agency                residues.
                                              associated supporting risk assessments                  has determined that this action will not                  (a) * * *
                                              are available at http://                                have a substantial direct effect on States
                                              www.regulations.gov in docket ID                        or tribal governments, on the                                                                       Parts
                                              number EPA–HQ–OPP–2012–0589.                                                                                               Commodity
                                                                                                      relationship between the national                                                                 per million
                                                 Based on the risk assessments used to                government and the States or tribal
emcdonald on DSK67QTVN1PROD with RULES




                                              support the November 1, 2013, Federal                   governments, or on the distribution of                     *          *           *           *           *
                                              Register notice, EPA concludes that                     power and responsibilities among the
                                              there is a reasonable certainty that no                 various levels of government or between               Watermelon ..........................              0.025
                                              harm will result to the general                         the Federal Government and Indian
                                              population, or to infants and children                  Tribes. Thus, the Agency has                          *        *     *       *        *
                                              from aggregate exposure to fomesafen                    determined that Executive Order 13132,                [FR Doc. 2015–03575 Filed 2–20–15; 8:45 am]
                                              residues.                                               entitled ‘‘Federalism’’ (64 FR 43255,                 BILLING CODE 6560–50–P




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Document Created: 2015-12-18 13:28:26
Document Modified: 2015-12-18 13:28:26
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis regulation is effective February 23, 2015. Objections and requests for hearings must be received on or before April 24, 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).
ContactSusan Lewis, Registration Division (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; main telephone
FR Citation80 FR 9390 
CFR AssociatedEnvironmental Protection; Administrative Practice and Procedure; Agricultural Commodities; Pesticides and Pests and Reporting and Recordkeeping Requirements

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