81_FR_54668 81 FR 54510 - Flumioxazin; Pesticide Tolerances

81 FR 54510 - Flumioxazin; Pesticide Tolerances

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 158 (August 16, 2016)

Page Range54510-54512
FR Document2016-19553

This regulation establishes tolerances for residues of flumioxazin in or on soybean forage and hay. Valent U.S.A. Corporation requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

Federal Register, Volume 81 Issue 158 (Tuesday, August 16, 2016)
[Federal Register Volume 81, Number 158 (Tuesday, August 16, 2016)]
[Rules and Regulations]
[Pages 54510-54512]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-19553]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2015-0652; FRL-9949-21]


Flumioxazin; Pesticide Tolerances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: This regulation establishes tolerances for residues of 
flumioxazin in or on soybean forage and hay. Valent U.S.A. Corporation 
requested these tolerances under the Federal Food, Drug, and Cosmetic 
Act (FFDCA).

DATES: This regulation is effective August 16, 2016. Objections and 
requests for hearings must be received on or before October 17, 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-2015-0652, 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: 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. To access the OCSPP 
test guidelines referenced in this document electronically, please go 
to http://www.epa.gov/ocspp and select ``Test Methods and Guidelines.''

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-2015-0652 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 
October 17, 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-2015-0652, 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 April 25, 2016 (81 FR 24046) (FRL-9944-
86), 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 
5F8353) by Valent USA Corporation, 1600 Riviera Avenue, Suite 200, 
Walnut Creek, CA 94596 U.S.A. The petition requested that 40 CFR 
180.180.568 be amended by establishing tolerances for residues of the 
herbicide flumioxazin, in or on soybean forage at 0.05 parts per 
million (ppm) and hay at 0.02 ppm. That document referenced a summary 
of the petition prepared by Valent USA Corporation, the registrant, 
which is available in the docket, http://www.regulations.gov. There 
were no comments received in response to the notice of filing.
    Based upon review of the data supporting the petition, EPA has 
determined that the tolerance for soybean forage should be lowered from 
the proposed level of 0.05 ppm to 0.03 ppm. The reason for these 
changes are explained in Unit IV.D.

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

[[Page 54511]]

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 flumioxazin including exposure 
resulting from the tolerances established by this action. EPA's 
assessment of exposures and risks associated with flumioxazin follows.
    EPA has evaluated the available toxicity data and considered its 
validity, completeness, and reliability as well as the relationship of 
the results of the studies to human risk. EPA has also considered 
available information concerning the variability of the sensitivities 
of major identifiable subgroups of consumers, including infants and 
children.
    In the Federal Register of April 05, 2013 (78 FR 20462) (FRL-9381-
7), EPA published a final rule establishing tolerances for residues of 
flumioxazin on globe artichoke, chinese cabbage, olive, pomegranate, 
and prickly pear cactus commodities based on EPA's conclusion that 
aggregate exposure to flumioxazin is safe for the general population, 
including infants and children. Since that rulemaking, the toxicity 
profile for flumioxazin has not changed. The requested tolerances will 
not result in residues on human food commodities, only animal feed 
(soybean forage and hay). The available residue data submitted for use 
in soybean forage and hay indicates that the dietary burden for 
livestock will not change from the current levels that were previously 
assessed. Therefore, the residues of flumioxazin soybean forage and hay 
from the proposed new use will not impact the existing human dietary 
and aggregate risk assessments for flumioxazin. For a detailed 
discussion of the aggregate risk assessments and determination of 
safety, as well as a summary of the toxicological endpoints used for 
human risk assessment, please refer to the final rule published in the 
Federal Register of April 05, 2013. EPA relies upon those supporting 
risk assessments and the findings made in the Federal Register document 
in support of this final rule.
    Based on the risk assessments and information described above, EPA 
concludes that there is a reasonable certainty that no harm will result 
to the general population or to infants and children from aggregate 
exposure to flumioxazin residues.

IV. Other Considerations

A. Analytical Enforcement Methodology

    Adequate enforcement methodology (gas chromatography/nitrogen-
phosphorus detection (GC/NPD) method, Valent Method RM30-A-1) 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 flumioxazin.

C. Revisions to Petitioned-For Tolerances

    The agency has determined that the tolerance for soybean forage 
should be lowered from the proposed level of 0.05 ppm to 0.03 ppm. The 
modifications were due to the Agency's use of the Organization for 
Economic Co-operation and Development (OECD) calculation procedures to 
determine the appropriate tolerance levels.

V. Conclusion

    Therefore, tolerances are established for residues of flumioxazin, 
in or on soybean forage at 0.03 parts per million (ppm) and hay at 0.02 
(ppm).

VI. Statutory and Executive Order Reviews

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

[[Page 54512]]

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: August 5, 2016.
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.  180.568, add alphabetically the commodities ``Soybean 
forage'' and ``Soybean hay'' to the table in paragraph (a) to read as 
follows:


Sec.  180.568  Flumioxazin; tolerance for residues.

    (a) * * *

------------------------------------------------------------------------
                                                             Parts per
                        Commodity                             million
------------------------------------------------------------------------
 
                                * * * * *
Soybean forage..........................................            0.03
Soybean hay.............................................            0.02
 
                                * * * * *
------------------------------------------------------------------------

* * * * *
[FR Doc. 2016-19553 Filed 8-15-16; 8:45 am]
 BILLING CODE 6560-50-P



                                                  54510             Federal Register / Vol. 81, No. 158 / Tuesday, August 16, 2016 / Rules and Regulations

                                                  *      *     *       *      *                           Classification System (NAICS) codes is                other information whose disclosure is
                                                  [FR Doc. 2016–19388 Filed 8–15–16; 8:45 am]             not intended to be exhaustive, but rather             restricted by statute.
                                                  BILLING CODE 6560–50–P                                  provides a guide to help readers                        • Mail: OPP Docket, Environmental
                                                                                                          determine whether this document                       Protection Agency Docket Center (EPA/
                                                                                                          applies to them. Potentially affected                 DC), (28221T), 1200 Pennsylvania Ave.
                                                  ENVIRONMENTAL PROTECTION                                entities may include:                                 NW., Washington, DC 20460–0001.
                                                  AGENCY                                                    • Crop production (NAICS code 111).                   • Hand Delivery: To make special
                                                                                                            • Animal production (NAICS code                     arrangements for hand delivery or
                                                  40 CFR Part 180                                                                                               delivery of boxed information, please
                                                                                                          112).
                                                  [EPA–HQ–OPP–2015–0652; FRL–9949–21]                       • Food manufacturing (NAICS code                    follow the instructions at http://
                                                                                                          311).                                                 www.epa.gov/dockets/contacts.html.
                                                  Flumioxazin; Pesticide Tolerances                         • Pesticide manufacturing (NAICS                    Additional instructions on commenting
                                                                                                          code 32532).                                          or visiting the docket, along with more
                                                  AGENCY:  Environmental Protection
                                                                                                                                                                information about dockets generally, is
                                                  Agency (EPA).                                           B. How can I get electronic access to                 available at http://www.epa.gov/
                                                  ACTION: Final rule.                                     other related information?                            dockets.
                                                  SUMMARY:   This regulation establishes                     You may access a frequently updated                II. Summary of Petitioned-For
                                                  tolerances for residues of flumioxazin in               electronic version of EPA’s tolerance                 Tolerance
                                                  or on soybean forage and hay. Valent                    regulations at 40 CFR part 180 through
                                                                                                                                                                   In the Federal Register of April 25,
                                                  U.S.A. Corporation requested these                      the Government Printing Office’s e-CFR
                                                                                                                                                                2016 (81 FR 24046) (FRL–9944–86),
                                                  tolerances under the Federal Food,                      site at http://www.ecfr.gov/cgi-bin/text-
                                                                                                                                                                EPA issued a document pursuant to
                                                  Drug, and Cosmetic Act (FFDCA).                         idx?&c=ecfr&tpl=/ecfrbrowse/Title40/                  FFDCA section 408(d)(3), 21 U.S.C.
                                                  DATES: This regulation is effective                     40tab_02.tpl. To access the OCSPP test                346a(d)(3), announcing the filing of a
                                                  August 16, 2016. Objections and                         guidelines referenced in this document                pesticide petition (PP 5F8353) by Valent
                                                  requests for hearings must be received                  electronically, please go to http://                  USA Corporation, 1600 Riviera Avenue,
                                                  on or before October 17, 2016, and must                 www.epa.gov/ocspp and select ‘‘Test                   Suite 200, Walnut Creek, CA 94596
                                                  be filed in accordance with the                         Methods and Guidelines.’’                             U.S.A. The petition requested that 40
                                                  instructions provided in 40 CFR part                    C. How can I file an objection or hearing             CFR 180.180.568 be amended by
                                                  178 (see also Unit I.C. of the                          request?                                              establishing tolerances for residues of
                                                  SUPPLEMENTARY INFORMATION).                                                                                   the herbicide flumioxazin, in or on
                                                  ADDRESSES: The docket for this action,                    Under FFDCA section 408(g), 21                      soybean forage at 0.05 parts per million
                                                  identified by docket identification (ID)                U.S.C. 346a, any person may file an                   (ppm) and hay at 0.02 ppm. That
                                                  number EPA–HQ–OPP–2015–0652, is                         objection to any aspect of this regulation            document referenced a summary of the
                                                  available at http://www.regulations.gov                 and may also request a hearing on those               petition prepared by Valent USA
                                                  or at the Office of Pesticide Programs                  objections. You must file your objection              Corporation, the registrant, which is
                                                  Regulatory Public Docket (OPP Docket)                   or request a hearing on this regulation               available in the docket, http://
                                                  in the Environmental Protection Agency                  in accordance with the instructions                   www.regulations.gov. There were no
                                                  Docket Center (EPA/DC), West William                    provided in 40 CFR part 178. To ensure                comments received in response to the
                                                  Jefferson Clinton Bldg., Rm. 3334, 1301                 proper receipt by EPA, you must                       notice of filing.
                                                  Constitution Ave. NW., Washington, DC                   identify docket ID number EPA–HQ–                        Based upon review of the data
                                                  20460–0001. The Public Reading Room                     OPP–2015–0652 in the subject line on                  supporting the petition, EPA has
                                                  is open from 8:30 a.m. to 4:30 p.m.,                    the first page of your submission. All                determined that the tolerance for
                                                  Monday through Friday, excluding legal                  objections and requests for a hearing                 soybean forage should be lowered from
                                                  holidays. The telephone number for the                  must be in writing, and must be                       the proposed level of 0.05 ppm to 0.03
                                                  Public Reading Room is (202) 566–1744,                  received by the Hearing Clerk on or                   ppm. The reason for these changes are
                                                  and the telephone number for the OPP                    before October 17, 2016. Addresses for                explained in Unit IV.D.
                                                  Docket is (703) 305–5805. Please review                 mail and hand delivery of objections
                                                                                                          and hearing requests are provided in 40               III. Aggregate Risk Assessment and
                                                  the visitor instructions and additional
                                                                                                          CFR 178.25(b).                                        Determination of Safety
                                                  information about the docket available
                                                  at http://www.epa.gov/dockets.                            In addition to filing an objection or                  Section 408(b)(2)(A)(i) of FFDCA
                                                  FOR FURTHER INFORMATION CONTACT:
                                                                                                          hearing request with the Hearing Clerk                allows EPA to establish a tolerance (the
                                                  Registration Division (7505P), Office of                as described in 40 CFR part 178, please               legal limit for a pesticide chemical
                                                  Pesticide Programs, Environmental                       submit a copy of the filing (excluding                residue in or on a food) only if EPA
                                                  Protection Agency, 1200 Pennsylvania                    any Confidential Business Information                 determines that the tolerance is ‘‘safe.’’
                                                  Ave. NW., Washington, DC 20460–0001;                    (CBI)) for inclusion in the public docket.            Section 408(b)(2)(A)(ii) of FFDCA
                                                  main telephone number: (703) 305–                       Information not marked confidential                   defines ‘‘safe’’ to mean that ‘‘there is a
                                                  7090; email address:                                    pursuant to 40 CFR part 2 may be                      reasonable certainty that no harm will
                                                  RDFRNotices@epa.gov.                                    disclosed publicly by EPA without prior               result from aggregate exposure to the
                                                                                                          notice. Submit the non-CBI copy of your               pesticide chemical residue, including
                                                  SUPPLEMENTARY INFORMATION:                              objection or hearing request, identified              all anticipated dietary exposures and all
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  I. General Information                                  by docket ID number EPA–HQ–OPP–                       other exposures for which there is
                                                                                                          2015–0652, by one of the following                    reliable information.’’ This includes
                                                  A. Does this action apply to me?                        methods:                                              exposure through drinking water and in
                                                     You may be potentially affected by                     • Federal eRulemaking Portal: http://               residential settings, but does not include
                                                  this action if you are an agricultural                  www.regulations.gov. Follow the online                occupational exposure. Section
                                                  producer, food manufacturer, or                         instructions for submitting comments.                 408(b)(2)(C) of FFDCA requires EPA to
                                                  pesticide manufacturer. The following                   Do not submit electronically any                      give special consideration to exposure
                                                  list of North American Industrial                       information you consider to be CBI or                 of infants and children to the pesticide


                                             VerDate Sep<11>2014   18:12 Aug 15, 2016   Jkt 238001   PO 00000   Frm 00034   Fmt 4700   Sfmt 4700   E:\FR\FM\16AUR1.SGM   16AUR1


                                                                    Federal Register / Vol. 81, No. 158 / Tuesday, August 16, 2016 / Rules and Regulations                                        54511

                                                  chemical residue in establishing a                      general population or to infants and                  Agency. The Office of Management and
                                                  tolerance and to ‘‘ensure that there is a               children from aggregate exposure to                   Budget (OMB) has exempted these types
                                                  reasonable certainty that no harm will                  flumioxazin residues.                                 of actions from review under Executive
                                                  result to infants and children from                                                                           Order 12866, entitled ‘‘Regulatory
                                                                                                          IV. Other Considerations
                                                  aggregate exposure to the pesticide                                                                           Planning and Review’’ (58 FR 51735,
                                                  chemical residue. . . .’’                               A. Analytical Enforcement Methodology                 October 4, 1993). Because this action
                                                     Consistent with FFDCA section                          Adequate enforcement methodology                    has been exempted from review under
                                                  408(b)(2)(D), and the factors specified in              (gas chromatography/nitrogen-                         Executive Order 12866, this action is
                                                  FFDCA section 408(b)(2)(D), EPA has                     phosphorus detection (GC/NPD)                         not subject to Executive Order 13211,
                                                  reviewed the available scientific data                  method, Valent Method RM30–A–1) is                    entitled ‘‘Actions Concerning
                                                  and other relevant information in                       available to enforce the tolerance                    Regulations That Significantly Affect
                                                  support of this action. EPA has                         expression. The method may be                         Energy Supply, Distribution, or Use’’ (66
                                                  sufficient data to assess the hazards of                requested from: Chief, Analytical                     FR 28355, May 22, 2001) or Executive
                                                  and to make a determination on                          Chemistry Branch, Environmental                       Order 13045, entitled ‘‘Protection of
                                                  aggregate exposure for flumioxazin                      Science Center, 701 Mapes Rd., Ft.                    Children from Environmental Health
                                                  including exposure resulting from the                   Meade, MD 20755–5350; telephone                       Risks and Safety Risks’’ (62 FR 19885,
                                                  tolerances established by this action.                  number: (410) 305–2905; email address:                April 23, 1997). This action does not
                                                  EPA’s assessment of exposures and risks                 residuemethods@epa.gov.                               contain any information collections
                                                  associated with flumioxazin follows.                                                                          subject to OMB approval under the
                                                     EPA has evaluated the available                      B. International Residue Limits                       Paperwork Reduction Act (PRA) (44
                                                  toxicity data and considered its validity,                In making its tolerance decisions, EPA              U.S.C. 3501 et seq.), nor does it require
                                                  completeness, and reliability as well as                seeks to harmonize U.S. tolerances with               any special considerations under
                                                  the relationship of the results of the                  international standards whenever                      Executive Order 12898, entitled
                                                  studies to human risk. EPA has also                     possible, consistent with U.S. food                   ‘‘Federal Actions to Address
                                                  considered available information                        safety standards and agricultural                     Environmental Justice in Minority
                                                  concerning the variability of the                       practices. EPA considers the                          Populations and Low-Income
                                                  sensitivities of major identifiable                     international maximum residue limits                  Populations’’ (59 FR 7629, February 16,
                                                  subgroups of consumers, including                       (MRLs) established by the Codex                       1994).
                                                  infants and children.                                   Alimentarius Commission (Codex), as                      Since tolerances and exemptions that
                                                     In the Federal Register of April 05,                 required by FFDCA section 408(b)(4).                  are established on the basis of a petition
                                                  2013 (78 FR 20462) (FRL–9381–7), EPA                    The Codex Alimentarius is a joint                     under FFDCA section 408(d), such as
                                                  published a final rule establishing                     United Nations Food and Agriculture                   the tolerance in this final rule, do not
                                                  tolerances for residues of flumioxazin                  Organization/World Health                             require the issuance of a proposed rule,
                                                  on globe artichoke, chinese cabbage,                    Organization food standards program,                  the requirements of the Regulatory
                                                  olive, pomegranate, and prickly pear                    and it is recognized as an international              Flexibility Act (RFA) (5 U.S.C. 601 et
                                                  cactus commodities based on EPA’s                       food safety standards-setting                         seq.), do not apply.
                                                  conclusion that aggregate exposure to                   organization in trade agreements to                      This action directly regulates growers,
                                                  flumioxazin is safe for the general                                                                           food processors, food handlers, and food
                                                                                                          which the United States is a party. EPA
                                                  population, including infants and                                                                             retailers, not States or tribes, nor does
                                                                                                          may establish a tolerance that is
                                                  children. Since that rulemaking, the                                                                          this action alter the relationships or
                                                                                                          different from a Codex MRL; however,
                                                  toxicity profile for flumioxazin has not                                                                      distribution of power and
                                                                                                          FFDCA section 408(b)(4) requires that
                                                  changed. The requested tolerances will                                                                        responsibilities established by Congress
                                                                                                          EPA explain the reasons for departing
                                                  not result in residues on human food                                                                          in the preemption provisions of FFDCA
                                                                                                          from the Codex level.
                                                  commodities, only animal feed (soybean                    The Codex has not established a MRL                 section 408(n)(4). As such, the Agency
                                                  forage and hay). The available residue                  for flumioxazin.                                      has determined that this action will not
                                                  data submitted for use in soybean forage                                                                      have a substantial direct effect on States
                                                  and hay indicates that the dietary                      C. Revisions to Petitioned-For                        or tribal governments, on the
                                                  burden for livestock will not change                    Tolerances                                            relationship between the national
                                                  from the current levels that were                         The agency has determined that the                  government and the States or tribal
                                                  previously assessed. Therefore, the                     tolerance for soybean forage should be                governments, or on the distribution of
                                                  residues of flumioxazin soybean forage                  lowered from the proposed level of 0.05               power and responsibilities among the
                                                  and hay from the proposed new use will                  ppm to 0.03 ppm. The modifications                    various levels of government or between
                                                  not impact the existing human dietary                   were due to the Agency’s use of the                   the Federal Government and Indian
                                                  and aggregate risk assessments for                      Organization for Economic Co-operation                tribes. Thus, the Agency has determined
                                                  flumioxazin. For a detailed discussion                  and Development (OECD) calculation                    that Executive Order 13132, entitled
                                                  of the aggregate risk assessments and                   procedures to determine the appropriate               ‘‘Federalism’’ (64 FR 43255, August 10,
                                                  determination of safety, as well as a                   tolerance levels.                                     1999) and Executive Order 13175,
                                                  summary of the toxicological endpoints                                                                        entitled ‘‘Consultation and Coordination
                                                  used for human risk assessment, please                  V. Conclusion                                         with Indian Tribal Governments’’ (65 FR
                                                  refer to the final rule published in the                  Therefore, tolerances are established               67249, November 9, 2000) do not apply
                                                  Federal Register of April 05, 2013. EPA                 for residues of flumioxazin, in or on                 to this action. In addition, this action
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  relies upon those supporting risk                       soybean forage at 0.03 parts per million              does not impose any enforceable duty or
                                                  assessments and the findings made in                    (ppm) and hay at 0.02 (ppm).                          contain any unfunded mandate as
                                                  the Federal Register document in                                                                              described under Title II of the Unfunded
                                                  support of this final rule.                             VI. Statutory and Executive Order                     Mandates Reform Act (UMRA) (2 U.S.C.
                                                     Based on the risk assessments and                    Reviews                                               1501 et seq.).
                                                  information described above, EPA                          This action establishes tolerances                     This action does not involve any
                                                  concludes that there is a reasonable                    under FFDCA section 408(d) in                         technical standards that would require
                                                  certainty that no harm will result to the               response to a petition submitted to the               Agency consideration of voluntary


                                             VerDate Sep<11>2014   18:12 Aug 15, 2016   Jkt 238001   PO 00000   Frm 00035   Fmt 4700   Sfmt 4700   E:\FR\FM\16AUR1.SGM   16AUR1


                                                  54512             Federal Register / Vol. 81, No. 158 / Tuesday, August 16, 2016 / Rules and Regulations

                                                  consensus standards pursuant to section                 DEPARTMENT OF TRANSPORTATION                          operation, its valves were positioned to
                                                  12(d) of the National Technology                                                                              prevent flow but the pipeline had never
                                                  Transfer and Advancement Act                            Pipeline and Hazardous Materials                      been purged and cleaned. Some
                                                  (NTTAA) (15 U.S.C. 272 note).                           Safety Administration                                 regulators and industry representatives
                                                                                                                                                                informally referred to such pipelines as
                                                  VII. Congressional Review Act                           49 CFR Parts 192 and 195                              ‘‘idled.’’
                                                                                                                                                                   On May 31, 2015, a 24-inch natural
                                                    Pursuant to the Congressional Review                  [Docket No. PHMSA–2016–0075]
                                                                                                                                                                gas ‘‘auxiliary’’ pipeline crossing the
                                                  Act (5 U.S.C. 801 et seq.), EPA will                                                                          Arkansas River in North Little Rock,
                                                  submit a report containing this rule and                Pipeline Safety: Clarification of Terms
                                                                                                          Relating to Pipeline Operational Status               Arkansas, failed due to vortex-induced
                                                  other required information to the U.S.                                                                        vibration after high water levels eroded
                                                  Senate, the U.S. House of                               AGENCY:  Pipeline and Hazardous                       the ground cover and exposed the
                                                  Representatives, and the Comptroller                    Materials Safety Administration                       pipeline to the river’s flow. The failure
                                                  General of the United States prior to                   (PHMSA); DOT.                                         released 3,858 cubic feet of natural gas
                                                  publication of the rule in the Federal                  ACTION: Issuance of Advisory Bulletin.                into the atmosphere and resulted in the
                                                  Register. This action is not a ‘‘major                                                                        temporary closure of the Arkansas River
                                                  rule’’ as defined by 5 U.S.C. 804(2).                   SUMMARY:    PHMSA is issuing this                     to vessel traffic for five days. The
                                                                                                          advisory bulletin to all owners and                   pipeline at the time of the failure was
                                                  List of Subjects in 40 CFR Part 180                     operators (operators) of hazardous                    isolated by two mainline valves, at an
                                                    Environmental protection,                             liquid, carbon dioxide, and gas                       approximate pressure of 700 pounds per
                                                  Administrative practice and procedure,                  pipelines, as defined in 49 Code of                   square inch (psig). The pipeline,
                                                                                                          Federal Regulations Parts 192 and 195,                considered an emergency back-up
                                                  Agricultural commodities, Pesticides
                                                                                                          to clarify the regulatory requirements                pipeline crossing the river, has not been
                                                  and pests, Reporting and recordkeeping
                                                                                                          that may vary depending on the                        fully operated since 1972. However, the
                                                  requirements.                                                                                                 company did maintain the pipeline as
                                                                                                          operational status of a pipeline. Further,
                                                     Dated: August 5, 2016.                               this advisory bulletin identifies                     an active pipeline, subject to in-line
                                                  Daniel J. Rosenblatt,                                   regulatory requirements operators must                inspection, cathodic protection, and
                                                  Acting Director, Registration Division, Office          follow for the abandonment of                         other maintenance requirements.
                                                  of Pesticide Programs.                                  pipelines. Pipeline owners and                           On October 28, 2015, Cypress,
                                                                                                          operators should verify their operations              California, city public works employees
                                                    Therefore, 40 CFR chapter I is                        and procedures align with the                         identified an oil-water mixture on a
                                                  amended as follows:                                     regulatory intent of defined terms as                 local road. Approximately 28 barrels of
                                                                                                          described under this bulletin. Congress               oil-water mixture was determined to
                                                  PART 180—[AMENDED]                                      recognized the need for this clarification            have leaked from an oil pipeline that
                                                                                                          in its Protecting our Infrastructure of               was believed to have been purged of oil
                                                  ■ 1. The authority citation for part 180                Pipelines and Enhancing Safety Act of                 prior to deactivation in 1997. The owner
                                                  continues to read as follows:                           2016.                                                 of the pipeline had purchased it from
                                                                                                          DATES: August 16, 2016.
                                                                                                                                                                another company just prior to the
                                                      Authority: 21 U.S.C. 321(q), 346a and 371.                                                                failure.
                                                                                                          FOR FURTHER INFORMATION CONTACT: Ms.                     Congress recognized the need for
                                                  ■  2. In § 180.568, add alphabetically the              Linda Daugherty at 816–329–3800 or by                 PHMSA to provide clarification of
                                                  commodities ‘‘Soybean forage’’ and                      email to Linda.Daugherty@dot.gov.                     operational terms and ensure all
                                                  ‘‘Soybean hay’’ to the table in paragraph               SUPPLEMENTARY INFORMATION:                            operators are aware of and abide by the
                                                  (a) to read as follows:                                                                                       regulatory requirements for properly
                                                                                                          I. Background
                                                  § 180.568 Flumioxazin; tolerance for                                                                          abandoning pipelines. In its ‘‘Protecting
                                                  residues.                                               On March 17, 2014, a hazardous                        our Infrastructure of Pipelines and
                                                                                                       liquid pipeline company was notified                     Enhancing Safety Act of 2016,’’
                                                     (a) * * *                                         by emergency responders of crude oil                     Congress required PHMSA to issue an
                                                                                                       leaking up from below the pavement in                    advisory bulletin to owners and
                                                                                         Parts per     a residential area in Wilmington,                        operators of gas or hazardous liquid
                                                            Commodity                     million      California. The leak was close to a                      pipeline facilities and Federal and State
                                                                                                       refinery. The company initially                          pipeline safety personnel regarding
                                                  *         *          *               *     *
                                                                                                       informed the regulator that it had no                    procedures required to change the status
                                                                                                       active lines in the area but responded                   of a pipeline facility from active to
                                                  Soybean forage ....................             0.03 anyway.                                                  abandoned, including specific guidance
                                                  Soybean hay .........................           0.02    On March 18, 2014, the company                        on the terms recognized by the Secretary
                                                                                                       excavated the area surrounding the                       for each pipeline status referred to in
                                                  *         *          *               *     *         leaking oil and learned that the leak                    such advisory bulletin.
                                                                                                       originated from a pipeline that it owned.                   PHMSA regulations do not recognize
                                                                                                       The pipeline had been purchased 16                       an ‘‘idle’’ status for hazardous liquid or
                                                  *      *     *      *         *                      years ago and the company understood                     gas pipelines. The regulations consider
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  [FR Doc. 2016–19553 Filed 8–15–16; 8:45 am]          that the previous operator had properly                  pipelines to be either active and fully
                                                  BILLING CODE 6560–50–P                               abandoned and purged the pipeline                        subject to all relevant parts of the safety
                                                                                                       prior to purchase. Regulators                            regulations or abandoned. The process
                                                                                                       determined the pipeline leaked due to                    and requirements for pipeline
                                                                                                       an internal ‘‘pinhole’’ corrosion leak on                abandonment are captured in §§ 192.727
                                                                                                       a weld.                                                  and 195.402(c)(10) for gas and
                                                                                                          Subsequent investigations determined                  hazardous liquid pipelines,
                                                                                                       that while the pipeline was not in                       respectively. These requirements


                                             VerDate Sep<11>2014   18:12 Aug 15, 2016   Jkt 238001   PO 00000   Frm 00036   Fmt 4700   Sfmt 4700   E:\FR\FM\16AUR1.SGM   16AUR1



Document Created: 2016-08-16 03:20:35
Document Modified: 2016-08-16 03:20:35
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 August 16, 2016. Objections and requests for hearings must be received on or before October 17, 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).
ContactRegistration Division (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; main telephone
FR Citation81 FR 54510 
CFR AssociatedEnvironmental Protection; Administrative Practice and Procedure; Agricultural Commodities; Pesticides and Pests and Reporting and Recordkeeping Requirements

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR