81 FR 61617 - Chlorantraniliprole; Pesticide Tolerances

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 173 (September 7, 2016)

Page Range		61617-61619
FR Document		2016-21458
This regulation establishes tolerances for residues of chlorantraniliprole in or on multiple commodities which are identified and discussed later in this document. Interregional Research Project Number 4 (IR-4) requested the tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).
Federal Register, Volume 81 Issue 173 (Wednesday, September 7, 2016)
[Federal Register Volume 81, Number 173 (Wednesday, September 7, 2016)]
[Rules and Regulations]
[Pages 61617-61619]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-21458]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2013-0235; FRL-9950-04]


Chlorantraniliprole; Pesticide Tolerances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation establishes tolerances for residues of 
chlorantraniliprole in or on multiple commodities which are identified 
and discussed later in this document. Interregional Research Project 
Number 4 (IR-4) requested the tolerances under the Federal Food, Drug, 
and Cosmetic Act (FFDCA).

DATES: This regulation is effective September 7, 2016. Objections and 
requests for hearings must be received on or before November 7, 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-2013-0235, 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: Michael Goodis, 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-2013-0235 in the subject line on the first 
page of your submission. All objections and requests for a hearing must 
be in writing, and must be received by the Hearing Clerk on or before 
November 7, 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-2013-0235, 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 June 22, 2016 (81 FR 40594) (FRL-9947-
32), 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# 
6E8477) by IR-4, 500 College Road East, Princeton, NJ 08540. The 
petition requested that 40 CFR part 180 be amended by establishing 
tolerances for residues of the insecticide chlorantraniliprole, 3-
bromo-N-[4-chloro-2-methyl-6-[(methylamino)-carbonyl]phenyl]-1-(3-
chloro-2-pyridinyl)-1H-pyrazole-5-carboxamide, in or on the raw 
agricultural commodities teff, forage at

[[Page 61618]]

40 parts per million (ppm); teff, grain at 6.0 ppm; teff, hay at 40 
ppm; teff, straw at 40 ppm; quinoa, forage at 40 ppm; quinoa, grain at 
6.0 ppm; quinoa, hay at 40 ppm; and quinoa, straw at 40 ppm. That 
document referenced a summary of the petition prepared on behalf of IR-
4 by DuPont Crop Protection, the registrant, which is available in the 
docket EPA-HQ-OPP-2013-0235 at http://www.regulations.gov.
    A comment was received on the notice of filing. EPA's response to 
this comment is discussed in Unit IV.C.

III. Aggregate Risk Assessment and Determination of Safety

    Section 408(b)(2)(A)(i) of FFDCA allows EPA to establish a 
tolerance (the legal limit for a pesticide chemical residue in or on a 
food) only if EPA determines that the tolerance is ``safe.'' Section 
408(b)(2)(A)(ii) of FFDCA defines ``safe'' to mean that ``there is a 
reasonable certainty that no harm will result from aggregate exposure 
to the pesticide chemical residue, including all anticipated dietary 
exposures and all other exposures for which there is reliable 
information.'' This includes exposure through drinking water and in 
residential settings, but does not include occupational exposure. 
Section 408(b)(2)(C) of FFDCA requires EPA to give special 
consideration to exposure of infants and children to the pesticide 
chemical residue in establishing a tolerance and to ``ensure that there 
is a reasonable certainty that no harm will result to infants and 
children from aggregate exposure to the pesticide chemical residue. . . 
.''
    Consistent with FFDCA section 408(b)(2)(D), 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 chlorantraniliprole in 
or on teff forage, grain, hay and straw as well as quinoa forage, 
grain, hay and straw, consistent with FFDCA section 408(b)(2).
    In the Federal Register of February 7, 2014 (79 FR 7397) (FRL-9905-
56), EPA established tolerances for residues of chlorantraniliprole in 
or on fruit, stone, group 12-12, except cherry, chickasaw plum, and 
damson plum at 4.0 ppm; onion, green subgroup 3-07B at 3.0 ppm; peanut, 
hay at 90 ppm; and peanut at 0.06 ppm. EPA is relying upon the risk 
assessments that supported the findings made in the February 7, 2014 
Federal Register document in support of this action. The toxicity 
profile of chlorantraniliprole has not changed, and the previous risk 
assessments that supported the establishment of those tolerances remain 
valid.
    The Agency evaluated the request to establish tolerances in or on 
quinoa and teff forage, grain, hay, and straw and concluded that the 
aggregate exposure and risks would not increase as a result of the 
proposed use on quinoa and teff and are the same as those estimated in 
the February 7, 2014 final rule.
    Both quinoa and teff are prepared like other whole grains, such as 
rice and barley, and may also be used to make flour in a manner similar 
to wheat and other cereal grains. Therefore, EPA concludes that teff 
and quinoa will likely substitute in the diet for cereal grain foods, 
which are subject to tolerances for chlorantraniliprole, and would be 
assumed to contain similar residues. Additionally, since teff and 
quinoa use patterns are similar to those for wheat and barley, 
increased exposures to individuals through drinking water is not 
expected. Thus, the proposed teff and quinoa uses will not result in 
higher dietary exposure estimates.
    With respect to livestock commodities, residues of 
chlorantraniliprole in teff and quinoa livestock feeds are expected to 
be similar to those in other forages, hays, and silages for which 
chlorantraniliprole is currently registered. Therefore, there would be 
no increase in the livestock dietary burden should teff and quinoa be 
substituted in the livestock diet for other hays and silages; residues 
in meat, milk, poultry and eggs will remain the same.
    EPA concludes that the aggregate exposure and risk estimates 
presented in the most recent human health risk assessment document, 
which were not of concern to the Agency, adequately account for 
exposures and risk resulting from all chlorantraniliprole uses 
including the proposed teff and quinoa uses.
    Therefore, EPA relies upon the findings made in the February 7, 
2014 Federal Register document in support of this rule. 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 chlorantraniliprole residues.
    For a detailed discussion of the aggregate risk assessments and 
determination of safety for these tolerances, please refer to the 
February 7, 2014 Federal Register document and its supporting 
documents, available at http://www.regulations.gov in docket ID number 
EPA-HQ-OPP-2013-0235. Further information about EPA's determination 
that an updated risk assessment was not necessary may be found in the 
document, ``Chlorantraniliprole: Aggregate Human Health Risk Assessment 
for the Proposed New Uses on Teff and Quinoa'' in docket ID number EPA-
HQ-OPP-2013-0235.

IV. Other Considerations

A. Analytical Enforcement Methodology

    Adequate enforcement methodology, liquid chromatography mass 
spectrometry/mass spectrometry (LC/MS/MS); Method DuPont-11374, 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.
    There are no Codex MRLs for chlorantraniliprole residues in or on 
quinoa or teff.

C. Response to Comments

    EPA received one comment to the Notice of Filing that stated, in 
part, that this chemical is ``dangerous to America and to health of our 
people and life in America'' and that EPA should ``deny those 
applications from the profiteers whose only aim is to make money at our 
expense.'' The Agency understands the commenter's concerns and 
recognizes that some individuals believe that pesticides should be 
banned on agricultural crops. However, the existing legal framework 
provided by section 408 of the FFDCA states that tolerances may be set 
when persons seeking such

[[Page 61619]]

tolerances or exemptions have demonstrated that the pesticide meets the 
safety standard imposed by that statute. This citizen's comment appears 
to be directed at the underlying statute and not EPA's implementation 
of it; the citizen has made no contention that EPA has acted in 
violation of the statutory framework.

V. Conclusion

    Therefore, tolerances are established for residues of 
chlorantraniliprole, 3-bromo-N-[4-chloro-2-methyl-6-[(methylamino)-
carbonyl]phenyl]-1-(3-chloro-2-pyridinyl)-1H-pyrazole-5-carboxamide, in 
or on quinoa, forage at 40 ppm; quinoa, grain at 6.0 ppm; quinoa, hay 
at 40 ppm; and quinoa, straw at 40 ppm; teff, forage at 40 ppm; teff, 
grain at 6.0 ppm; teff, hay at 40 ppm; and teff, straw at 40 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 tolerances in this 
final rule, do not require the issuance of a proposed rule, the 
requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et 
seq.), do not apply.
    This action directly regulates growers, food processors, food 
handlers, and food retailers, not States or tribes, nor does this 
action alter the relationships or distribution of power and 
responsibilities established by Congress in the preemption provisions 
of FFDCA section 408(n)(4). As such, the Agency has determined that 
this action will not have a substantial direct effect on States or 
tribal governments, on the relationship between the national government 
and the States or tribal governments, or on the distribution of power 
and responsibilities among the various levels of government or between 
the Federal Government and Indian tribes. Thus, the Agency has 
determined that Executive Order 13132, entitled ``Federalism'' (64 FR 
43255, August 10, 1999) and Executive Order 13175, entitled 
``Consultation and Coordination with Indian Tribal Governments'' (65 FR 
67249, November 9, 2000) do not apply to this action. In addition, this 
action does not impose any enforceable duty or contain any unfunded 
mandate as described under Title II of the Unfunded Mandates Reform Act 
(UMRA) (2 U.S.C. 1501 et seq.).
    This action does not involve any technical standards that would 
require Agency consideration of voluntary consensus standards pursuant 
to section 12(d) of the National Technology Transfer and Advancement 
Act (NTTAA) (15 U.S.C. 272 note).

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 26, 2016.
Michael Goodis,
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.  180.628, add alphabetically the entries ``Quinoa, forage'', 
``Quinoa, grain'', ``Quinoa, hay'', ``Quinoa, straw'', ``Teff, 
forage'', ``Teff, grain'', ``Teff, hay'', and ``Teff, straw'' to the 
table in paragraph (a) to read as follows:


Sec.  180.628  Chlorantraniliprole; pesticide tolerances.

    (a) * * *

------------------------------------------------------------------------
                                                             Parts per
                        Commodity                             million
------------------------------------------------------------------------
 
                                * * * * *
Quinoa, forage..........................................              40
Quinoa, grain...........................................             6.0
Quinoa, hay.............................................              40
Quinoa, straw...........................................              40
 
                                * * * * *
Teff, forage............................................              40
Teff, grain.............................................             6.0
Teff, hay...............................................              40
Teff, straw.............................................              40
 
                                * * * * *
------------------------------------------------------------------------

* * * * *
[FR Doc. 2016-21458 Filed 9-6-16; 8:45 am]
BILLING CODE 6560-50-P
Federal Register / Vol. 81, No. 173 / Wednesday, September 7, 2016 / Rules and Regulations 61617

Jennifer Haggins, Marine Safety Unit 178 (see also Unit I.C. of the and may also request a hearing on those
Pittsburgh, U.S. Coast Guard; telephone SUPPLEMENTARY INFORMATION). objections. You must file your objection
412–221–0807, email ADDRESSES: The docket for this action, or request a hearing on this regulation
Jennifer.L.Haggins@uscg.mil. identified by docket identification (ID) in accordance with the instructions
SUPPLEMENTARY INFORMATION: The Coast number EPA–HQ–OPP–2013–0235, is provided in 40 CFR part 178. To ensure
Guard will enforce the Safety Zone for available at http://www.regulations.gov proper receipt by EPA, you must
the annual Pittsburgh Pirates Fireworks or at the Office of Pesticide Programs identify docket ID number EPA–HQ–
listed in 33 CFR 165.801 Table 1, Sector Regulatory Public Docket (OPP Docket) OPP–2013–0235 in the subject line on
Ohio Valley, No. 1 from 8:00 p.m. to in the Environmental Protection Agency the first page of your submission. All
11:30 p.m. on September 10, 2016. Docket Center (EPA/DC), West William objections and requests for a hearing
Should inclement weather require Jefferson Clinton Bldg., Rm. 3334, 1301 must be in writing, and must be
rescheduling, the safety zone will be Constitution Ave. NW., Washington, DC received by the Hearing Clerk on or
within 48 hours of the scheduled date. 20460–0001. The Public Reading Room before November 7, 2016. Addresses for
Entry into the safety zone is prohibited is open from 8:30 a.m. to 4:30 p.m., mail and hand delivery of objections
unless authorized by the COTP or a Monday through Friday, excluding legal and hearing requests are provided in 40
designated representative. Persons or holidays. The telephone number for the CFR 178.25(b).
vessels desiring to enter into or passage Public Reading Room is (202) 566–1744, In addition to filing an objection or
through the safety zone must request 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
permission from the COTP or a
the visitor instructions and additional submit a copy of the filing (excluding
designated representative. If permission
information about the docket available any Confidential Business Information
is granted, all persons and vessels shall
at http://www.epa.gov/dockets. (CBI)) for inclusion in the public docket.
comply with the instructions of the
Information not marked confidential
COTP or designated representative. FOR FURTHER INFORMATION CONTACT:
pursuant to 40 CFR part 2 may be
This notice of enforcement is issued Michael Goodis, Registration Division disclosed publicly by EPA without prior
under authority of 33 CFR 165.801 and (7505P), Office of Pesticide Programs, notice. Submit the non-CBI copy of your
5 U.S.C. 552(a). In addition to this Environmental Protection Agency, 1200 objection or hearing request, identified
notice in the Federal Register, the Coast Pennsylvania Ave. NW., Washington, by docket ID number EPA–HQ–OPP–
Guard will provide the maritime DC 20460–0001; main telephone 2013–0235, by one of the following
community with advance notification of number: (703) 305–7090; email address: methods:
this enforcement period via Local RDFRNotices@epa.gov. • Federal eRulemaking Portal: http://
Notice to Mariners and updates via SUPPLEMENTARY INFORMATION: www.regulations.gov. Follow the online
Marine Information Broadcasts. instructions for submitting comments.
I. General Information
L. Mcclain, Jr., Do not submit electronically any
Commander, U.S. Coast Guard, Captain of A. Does this action apply to me? information you consider to be CBI or
the Port Pittsburgh. You may be potentially affected by other information whose disclosure is
[FR Doc. 2016–21439 Filed 9–6–16; 8:45 am] this action if you are an agricultural restricted by statute.
BILLING CODE 9110–04–P producer, food manufacturer, or • Mail: OPP Docket, Environmental
pesticide manufacturer. The following Protection Agency Docket Center (EPA/
list of North American Industrial DC), (28221T), 1200 Pennsylvania Ave.
Classification System (NAICS) codes is NW., Washington, DC 20460–0001.
ENVIRONMENTAL PROTECTION
not intended to be exhaustive, but rather • Hand Delivery: To make special
AGENCY arrangements for hand delivery or
provides a guide to help readers
determine whether this document delivery of boxed information, please
40 CFR Part 180 follow the instructions at http://
applies to them. Potentially affected
[EPA–HQ–OPP–2013–0235; FRL–9950–04] entities may include: www.epa.gov/dockets/contacts.html.
• Crop production (NAICS code 111). Additional instructions on commenting
Chlorantraniliprole; Pesticide • Animal production (NAICS code or visiting the docket, along with more
Tolerances 112). information about dockets generally, is
• Food manufacturing (NAICS code available at http://www.epa.gov/
AGENCY: Environmental Protection dockets.
311).
Agency (EPA). • Pesticide manufacturing (NAICS
ACTION: Final rule.
II. Summary of Petitioned-for Tolerance
code 32532).
In the Federal Register of June 22,
SUMMARY: This regulation establishes B. How can I get electronic access to 2016 (81 FR 40594) (FRL–9947–32),
tolerances for residues of other related information? EPA issued a document pursuant to
chlorantraniliprole in or on multiple You may access a frequently updated FFDCA section 408(d)(3), 21 U.S.C.
commodities which are identified and electronic version of EPA’s tolerance 346a(d)(3), announcing the filing of a
discussed later in this document. regulations at 40 CFR part 180 through pesticide petition (PP# 6E8477) by IR–
Interregional Research Project Number 4 the Government Printing Office’s e-CFR 4, 500 College Road East, Princeton, NJ
(IR–4) requested the tolerances under site at http://www.ecfr.gov/cgi-bin/text- 08540. The petition requested that 40
the Federal Food, Drug, and Cosmetic idx?&c=ecfr&tpl=/ecfrbrowse/Title40/ CFR part 180 be amended by
Act (FFDCA). 40tab_02.tpl. establishing tolerances for residues of
ehiers on DSK5VPTVN1PROD with RULES

DATES: This regulation is effective the insecticide chlorantraniliprole, 3-
September 7, 2016. Objections and C. How can I file an objection or hearing bromo-N-[4-chloro-2-methyl-6-
requests for hearings must be received request? [(methylamino)-carbonyl]phenyl]-1-(3-
on or before November 7, 2016, and Under FFDCA section 408(g), 21 chloro-2-pyridinyl)-1H-pyrazole-5-
must be filed in accordance with the U.S.C. 346a, any person may file an carboxamide, in or on the raw
instructions provided in 40 CFR part objection to any aspect of this regulation agricultural commodities teff, forage at

VerDate Sep<11>2014 14:50 Sep 06, 2016 Jkt 238001 PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 E:\FR\FM\07SER1.SGM 07SER1
Federal Register / Vol. 81, No. 173 / Wednesday, September 7, 2016 / Rules and Regulations 61619

tolerances or exemptions have in the preemption provisions of FFDCA § 180.628 Chlorantraniliprole; pesticide
demonstrated that the pesticide meets section 408(n)(4). As such, the Agency tolerances.
the safety standard imposed by that has determined that this action will not (a) * * *
statute. This citizen’s comment appears have a substantial direct effect on States
to be directed at the underlying statute or tribal governments, on the Parts per
Commodity
and not EPA’s implementation of it; the million
relationship between the national
citizen has made no contention that government and the States or tribal
EPA has acted in violation of the governments, or on the distribution of * * * * *
statutory framework. power and responsibilities among the Quinoa, forage ...................... 40
V. Conclusion various levels of government or between Quinoa, grain ........................ 6.0
the Federal Government and Indian Quinoa, hay .......................... 40
Therefore, tolerances are established tribes. Thus, the Agency has determined Quinoa, straw ....................... 40
for residues of chlorantraniliprole, 3- that Executive Order 13132, entitled
bromo-N-[4-chloro-2-methyl-6- * * * * *
‘‘Federalism’’ (64 FR 43255, August 10, Teff, forage ........................... 40
[(methylamino)-carbonyl]phenyl]-1-(3- 1999) and Executive Order 13175,
chloro-2-pyridinyl)-1H-pyrazole-5- Teff, grain ............................. 6.0
entitled ‘‘Consultation and Coordination Teff, hay ................................ 40
carboxamide, in or on quinoa, forage at with Indian Tribal Governments’’ (65 FR Teff, straw ............................. 40
40 ppm; quinoa, grain at 6.0 ppm; 67249, November 9, 2000) do not apply
quinoa, hay at 40 ppm; and quinoa, to this action. In addition, this action * * * * *
straw at 40 ppm; teff, forage at 40 ppm; does not impose any enforceable duty or
teff, grain at 6.0 ppm; teff, hay at 40 contain any unfunded mandate as * * * * *
ppm; and teff, straw at 40 ppm. described under Title II of the Unfunded [FR Doc. 2016–21458 Filed 9–6–16; 8:45 am]
VI. Statutory and Executive Order Mandates Reform Act (UMRA) (2 U.S.C. BILLING CODE 6560–50–P

Reviews 1501 et seq.).
This action does not involve any
This action establishes tolerances ENVIRONMENTAL PROTECTION
technical standards that would require
under FFDCA section 408(d) in AGENCY
Agency consideration of voluntary
response to a petition submitted to the
consensus standards pursuant to section
Agency. The Office of Management and 40 CFR Part 228
12(d) of the National Technology
Budget (OMB) has exempted these types
of actions from review under Executive Transfer and Advancement Act [EPA–R04–OW–2016–0356; FRL–9951–96–
Order 12866, entitled ‘‘Regulatory (NTTAA) (15 U.S.C. 272 note). Region 4]
Planning and Review’’ (58 FR 51735, VII. Congressional Review Act Ocean Dumping: Modification of an
October 4, 1993). Because this action Pursuant to the Congressional Review Ocean Dredged Material Disposal Site
has been exempted from review under Act (5 U.S.C. 801 et seq.), EPA will Offshore of Charleston, South Carolina
Executive Order 12866, this action is submit a report containing this rule and
not subject to Executive Order 13211, AGENCY: Environmental Protection
other required information to the U.S. Agency (EPA).
entitled ‘‘Actions Concerning Senate, the U.S. House of
Regulations That Significantly Affect ACTION: Final rule and technical
Representatives, and the Comptroller
Energy Supply, Distribution, or Use’’ (66 amendment.
General of the United States prior to
FR 28355, May 22, 2001) or Executive publication of the rule in the Federal
Order 13045, entitled ‘‘Protection of SUMMARY: The Environmental Protection
Register. This action is not a ‘‘major Agency (EPA) is approving a
Children from Environmental Health rule’’ as defined by 5 U.S.C. 804(2).
Risks and Safety Risks’’ (62 FR 19885, modification of the ocean dredged
April 23, 1997). This action does not List of Subjects in 40 CFR Part 180 material disposal site (ODMDS) offshore
contain any information collections of Charleston, South Carolina pursuant
Environmental protection, to the Marine Protection, Research and
subject to OMB approval under the Administrative practice and procedure,
Paperwork Reduction Act (PRA) (44 Sanctuaries Act, as amended (MPRSA).
Agricultural commodities, Pesticides The primary purpose for the site
U.S.C. 3501 et seq.), nor does it require and pests, Reporting and recordkeeping
any special considerations under modification is to serve the long-term
requirements. need for a location to dispose of
Executive Order 12898, entitled
Dated: August 26, 2016. material dredged from the Charleston
‘‘Federal Actions to Address
Environmental Justice in Minority Michael Goodis, Harbor federal navigation channel, and
Populations and Low-Income Acting Director, Registration Division, Office to provide a location for the disposal of
Populations’’ (59 FR 7629, February 16, of Pesticide Programs. dredged material for persons who have
1994). Since tolerances and exemptions Therefore, 40 CFR chapter I is received a permit for such disposal. The
that are established on the basis of a amended as follows: modified site will be subject to ongoing
petition under FFDCA section 408(d), monitoring and management to ensure
such as the tolerances in this final rule, PART 180—[AMENDED] continued protection of the marine
do not require the issuance of a environment. In addition, the EPA now
■ 1. The authority citation for part 180 issues a technical amendment to correct
proposed rule, the requirements of the
continues to read as follows: a clerical error in the proposed rule.
Regulatory Flexibility Act (RFA) (5
U.S.C. 601 et seq.), do not apply. Authority: 21 U.S.C. 321(q), 346a and 371. DATES: The effective date of this final
ehiers on DSK5VPTVN1PROD with RULES

This action directly regulates growers, ■ 2. In § 180.628, add alphabetically the action shall be October 7, 2016.
food processors, food handlers, and food entries ‘‘Quinoa, forage’’, ‘‘Quinoa, ADDRESSES: Docket: All documents in
retailers, not States or tribes, nor does grain’’, ‘‘Quinoa, hay’’, ‘‘Quinoa, straw’’, the Docket are listed in the
this action alter the relationships or ‘‘Teff, forage’’, ‘‘Teff, grain’’, ‘‘Teff, hay’’, www.regulations.gov index. Although
distribution of power and and ‘‘Teff, straw’’ to the table in listed in the index, some information
responsibilities established by Congress paragraph (a) to read as follows: may not be publicly available, e.g.,

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Document Created: 2016-09-07 11:50:50
Document Modified: 2016-09-07 11:50:50
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		This regulation is effective September 7, 2016. Objections and requests for hearings must be received on or before November 7, 2016, and must be filed in accordance with the instructions provided in 40 CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).
Contact		Michael Goodis, Registration Division (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; main telephone
FR Citation		81 FR 61617
CFR Associated		Environmental Protection; Administrative Practice and Procedure; Agricultural Commodities; Pesticides and Pests and Reporting and Recordkeeping Requirements