82 FR 14620 - Cloquintocet-mexyl; Pesticide Tolerances
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 54 (March 22, 2017)
Federal Register Volume 82, Issue 54 (March 22, 2017)
| Page Range | 14620-14623 | |
| FR Document | 2017-05705 |
[Federal Register Volume 82, Number 54 (Wednesday, March 22, 2017)] [Rules and Regulations] [Pages 14620-14623] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-05705] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 180 [EPA-HQ-OPP-2016-0299; FRL-9959-11] Cloquintocet-mexyl; Pesticide Tolerances AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This regulation establishes tolerances for residues of Cloquintocet-mexyl (acetic acid [5-chloro-8-quinolinyl) oxy]-1- methylhexyl ester) in or on teff when cloquintocet-mexyl is used as an inert ingredient (herbicide safener) in pesticide formulations containing pyroxsulam. Dow AgroSciences LLC requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA) in order to cover residues of cloquintocet-mexyl in imported teff commodities. DATES: This regulation is effective March 22, 2017. Objections and requests for hearings must be received on or before May 22, 2017, 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-2016-0299, 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 [[Page 14621]] 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 L. Goodis, P.E., 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-2016-0299 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 May 22, 2017. 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-2016-0299, 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 August 29, 2016 (81 FR 59165) (FRL-9950- 22), 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# 5E8432) by Dow AgroSciences LLC, 9330 Zionsville Road, Indianapolis, IN 46268. The petition requested that 40 CFR part 180.560 be amended by establishing tolerances without U.S registrations for residues of the cloquintocet-mexyl for use as an inert ingredient (safener) in combination with the herbicide pyroxulam in or on the raw agricultural commodities teff, forage at 0.2 parts per million (ppm); teff, grain at 0.1 ppm; teff hay at 0.5 ppm; teff straw at 0.1ppm. That document referenced a summary of the petition prepared by Dow AgroSciences, LLC, the registrant, which is available in the docket EPA-HQ-OPP-2016-0299 at http://www.regulations.gov. There were no comments received in response to the notice of filing. 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 cloquintocet-mexyl in or on teff forage, grain, hay and straw, consistent with FFDCA section 408(b)(2). In the Federal Register of August 2, 2016 (81 FR 50630) (FRL-9947- 78), EPA established tolerances for residues of cloquintocet-mexyl and its acid metabolite (5-chloro-8-quinolinoxyacetic acid) when used in pesticide formulations containing the active ingredient halauxifen- methyl, in or on barley grain, barley hay, barley straw, and wheat forage, wheat grain, wheat hay, and wheat straw. EPA is relying upon the risk assessments that supported the findings made in the August 2, 2016, Federal Register document in support of this action. The toxicity profile of cloquintocet-mexyl 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 teff forage, grain, hay, and straw. Teff is 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. In considering likely residue levels on teff, EPA concludes that because of the similarity in application rates for pesticides containing cloquintocet- mexyl between [[Page 14622]] teff and wheat, the likely decline in residue levels as teff moves through commerce, and the similarities to the small grains in terms of morphology, taxonomy and cultural practices, residue levels of cloquintocet-mexyl on teff will be similar to residue levels on wheat. The lack of teff consumption data being reported in the available food consumption data indicates a very low overall consumption of teff in the United States. When teff is consumed in the U.S., it is typically consumed in place of wheat. Using these assumptions regarding likely residue levels and consumption, EPA concludes that aggregate exposure and risk estimates resulting from cloquintocet-mexyl residues in/on teff would not be substantially different than those presented in the most recent human health risk assessment and published in the August 2, 2016 final rule. As those risk estimates were not of concern to the Agency, 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 cloquintocet-mexyl residues. For a detailed discussion of the aggregate risk assessments and determination of safety for these tolerances, please refer to the August 2, 2016, Federal Register document and its supporting documents, available at http://www.regulations.gov in docket ID number EPA-HQ-OPP- 2012-0843. Further information about EPA's determination that an updated risk assessment was not necessary may be found in the document, ``Cloquintocet-mexyl--Human Health Risk Assessment of Tolerances without a U.S. Registration for Use on Teff'' in docket ID number EPA- HQ-OPP-2016-0299. For specific information on the studies received and the nature of the adverse effects caused by cloquintocet-mexyl as well as the no- observed-adverse-effect-level (NOAEL) and the lowest-observed-adverse- effect-level (LOAEL) from the toxicity studies, the reader is referred to the final rule published in the Federal Register of December 16, 2005 (70 FR 74679) (FRL-7753-4); Docket ID number EPA-HQ-OPP-2005-0234. IV. Other Considerations A. Analytical Enforcement Methodology Adequate enforcement methodology, high performance liquid chromatography with ultraviolet detection (HPLC-UV); method REM 138.01for the cloquintocet-mexyl (parent) and the HPLC-UV Method RED 138.10 for its acid metabolite, are available to enforce the tolerance expression. The methods 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 cloquintocet-mexyl. V. Conclusion Therefore, tolerances are established for combined residues of cloquintocet-mexyl (acetic acid [(5-chloro-8-quinolinyl) oxy]-1- methylhexyl ester) and its acid metabolite (5-chloro-8-quinlinoxyacetic acid), expressed as cloquintocet-mexyl, for use as an inert ingredient (safener) in combination with the herbicide pyroxsulam in or on teff, forage at 0.2 ppm; teff, grain at 0.1 ppm; teff, hay at 0.5 ppm; and teff, straw at 0.1 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 [[Page 14623]] 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: March 6, 2017. Michael Goodis, 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. 180.560: 0 a. Revise paragraph (a) introductory text; and 0 b. Add alphabetically entries for ``teff, forage,'' ``teff, grain,'' ``teff, hay,'' and ``teff, straw'' to the table in paragraph (a). The revision and additions read as follows: Sec. 180.560 Cloquintocet-mexyl; pesticide tolerances. (a) General. Tolerances are established for residues of the inert ingredient cloquintocet-mexyl, including its metabolites and degradates, in or on the commodities in the following table when used as a safener in pesticide formulations containing the active ingredients clodinafop-propargyl (wheat only), dicamba (wheat only), flucarbazone-sodium (wheat only), halauxifen-methyl (wheat or barley), pinoxaden (wheat or barley), or pyroxsulam (wheat or teff). Compliance with the tolerance levels specified is to be determined by measuring the combined residues of cloquintocet-mexyl, (acetic acid [(5-chloro-8- quinolinyl)oxy]-, 1-methylhexyl ester; CAS Reg. No. 99607-70-2) and its acid metabolite (5-chloro-8-quinolinoxyacetic acid), expressed as cloquintocet-mexyl, in or on the following commodities: ------------------------------------------------------------------------ Parts per Commodity million ------------------------------------------------------------------------ * * * * * Teff, forage \1\............................................ 0.2 Teff, grain \1\............................................. 0.1 Teff, hay \1\............................................... 0.5 Teff, straw \1\............................................. 0.1 * * * * * ------------------------------------------------------------------------ \1\ There are no U.S. registrations for use on this commodity as of March 22, 2017. * * * * * [FR Doc. 2017-05705 Filed 3-21-17; 8:45 am] BILLING CODE 6560-50-P
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VI. Conclusions Populations’’ (59 FR 7629, February 16, consensus standards pursuant to section
1994). 12(d) of the National Technology
Therefore, an exemption from the Since tolerances and exemptions that Transfer and Advancement Act
requirement of a tolerance is established are established on the basis of a petition (NTTAA) (15 U.S.C. 272 note).
under 40 CFR 180.910 for isoamyl under FFDCA section 408(d), such as
acetate (CAS Reg. No. 123–92–2) when the exemption in this final rule, do not VIII. Congressional Review Act
used as an inert ingredient (buffering require the issuance of a proposed rule, Pursuant to the Congressional Review
agent) in pesticide formulations applied the requirements of the Regulatory Act (5 U.S.C. 801 et seq.), EPA will
to growing crops and raw agricultural Flexibility Act (RFA) (5 U.S.C. 601 et submit a report containing this rule and
commodities after harvest. seq.), do not apply. other required information to the U.S.
VII. Statutory and Executive Order This action directly regulates growers, Senate, the U.S. House of
Reviews food processors, food handlers, and food Representatives, and the Comptroller
retailers, not States or tribes, nor does General of the United States prior to
This action establishes an exemption this action alter the relationships or publication of the rule in the Federal
from the requirement of a tolerance distribution of power and Register. This action is not a ‘‘major
under FFDCA section 408(d) in responsibilities established by Congress rule’’ as defined by 5 U.S.C. 804(2).
response to a petition submitted to the in the preemption provisions of FFDCA
Agency. The Office of Management and section 408(n)(4). As such, the Agency List of Subjects in 40 CFR Part 180
Budget (OMB) has exempted these types has determined that this action will not Environmental protection,
of actions from review under Executive have a substantial direct effect on States Administrative practice and procedure,
Order 12866, entitled ‘‘Regulatory or tribal governments, on the Agricultural commodities, Pesticides
Planning and Review’’ (58 FR 51735, relationship between the national and pests, Reporting and recordkeeping
October 4, 1993). Because this action government and the States or tribal requirements.
has been exempted from review under governments, or on the distribution of
Executive Order 12866, this action is Dated: February 13, 2017.
power and responsibilities among the
not subject to Executive Order 13211, various levels of government or between Michael Goodis,
entitled ‘‘Actions Concerning the Federal Government and Indian Director, Registration Division, Office of
Regulations That Significantly Affect tribes. Thus, the Agency has determined Pesticide Programs.
Energy Supply, Distribution, or Use’’ (66 that Executive Order 13132, entitled Therefore, 40 CFR chapter I is
FR 28355, May 22, 2001) or Executive ‘‘Federalism’’ (64 FR 43255, August 10, amended as follows:
Order 13045, entitled ‘‘Protection of 1999) and Executive Order 13175,
Children from Environmental Health entitled ‘‘Consultation and Coordination PART 180—[AMENDED]
Risks and Safety Risks’’ (62 FR 19885, with Indian Tribal Governments’’ (65 FR
April 23, 1997). This action does not 67249, November 9, 2000) do not apply ■ 1. The authority citation for part 180
contain any information collections to this action. In addition, this action continues to read as follows:
subject to OMB approval under the does not impose any enforceable duty or Authority: 21 U.S.C. 321(q), 346a and 371.
Paperwork Reduction Act (PRA) (44 contain any unfunded mandate as
U.S.C. 3501 et seq.), nor does it require ■ 2. In § 180.910, add alphabetically the
described under Title II of the Unfunded
any special considerations under inert ingredient to the table to read as
Mandates Reform Act (UMRA) (2 U.S.C.
Executive Order 12898, entitled follows:
1501 et seq.).
‘‘Federal Actions to Address This action does not involve any § 180.910 Inert ingredients used pre- and
Environmental Justice in Minority technical standards that would require post-harvest; exemptions from the
Populations and Low-Income Agency consideration of voluntary requirement of a tolerance.
Inert ingredients Limits Uses
* * * * * * *
Isoamyl acetate (CAS Reg. No. 123–92–2) ................................................................................................... ..................... Buffering Agent.
* * * * * * *
[FR Doc. 2017–05701 Filed 3–21–17; 8:45 am] SUMMARY: This regulation establishes before May 22, 2017, and must be filed
BILLING CODE 6560–50–P tolerances for residues of Cloquintocet- in accordance with the instructions
mexyl (acetic acid [5-chloro-8- provided in 40 CFR part 178 (see also
quinolinyl) oxy]-1-methylhexyl ester) in Unit I.C. of the SUPPLEMENTARY
ENVIRONMENTAL PROTECTION or on teff when cloquintocet-mexyl is INFORMATION).
AGENCY used as an inert ingredient (herbicide
safener) in pesticide formulations ADDRESSES: The docket for this action,
40 CFR Part 180 containing pyroxsulam. Dow identified by docket identification (ID)
[EPA–HQ–OPP–2016–0299; FRL–9959–11] AgroSciences LLC requested these number EPA–HQ–OPP–2016–0299, is
jstallworth on DSK7TPTVN1PROD with RULES
tolerances under the Federal Food, available at http://www.regulations.gov
Cloquintocet-mexyl; Pesticide Drug, and Cosmetic Act (FFDCA) in or at the Office of Pesticide Programs
Tolerances order to cover residues of cloquintocet- Regulatory Public Docket (OPP Docket)
mexyl in imported teff commodities. in the Environmental Protection Agency
AGENCY: Environmental Protection
Agency (EPA). DATES: This regulation is effective Docket Center (EPA/DC), West William
March 22, 2017. Objections and requests Jefferson Clinton Bldg., Rm. 3334, 1301
ACTION: Final rule.
for hearings must be received on or Constitution Ave. NW., Washington, DC
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teff and wheat, the likely decline in available to enforce the tolerance Order 13045, entitled ‘‘Protection of
residue levels as teff moves through expression. Children from Environmental Health
commerce, and the similarities to the The methods may be requested from: Risks and Safety Risks’’ (62 FR 19885,
small grains in terms of morphology, Chief, Analytical Chemistry Branch, April 23, 1997). This action does not
taxonomy and cultural practices, Environmental Science Center, 701 contain any information collections
residue levels of cloquintocet-mexyl on Mapes Rd., Ft. Meade, MD 20755–5350; subject to OMB approval under the
teff will be similar to residue levels on telephone number: (410) 305–2905; Paperwork Reduction Act (PRA) (44
wheat. The lack of teff consumption email address: residuemethods@ U.S.C. 3501 et seq.), nor does it require
data being reported in the available food epa.gov. any special considerations under
consumption data indicates a very low Executive Order 12898, entitled
B. International Residue Limits
overall consumption of teff in the ‘‘Federal Actions to Address
United States. When teff is consumed in In making its tolerance decisions, EPA Environmental Justice in Minority
the U.S., it is typically consumed in seeks to harmonize U.S. tolerances with Populations and Low-Income
place of wheat. Using these assumptions international standards whenever Populations’’ (59 FR 7629, February 16,
regarding likely residue levels and possible, consistent with U.S. food 1994).
consumption, EPA concludes that safety standards and agricultural Since tolerances and exemptions that
aggregate exposure and risk estimates practices. EPA considers the are established on the basis of a petition
resulting from cloquintocet-mexyl international maximum residue limits under FFDCA section 408(d), such as
residues in/on teff would not be (MRLs) established by the Codex the tolerances in this final rule, do not
substantially different than those Alimentarius Commission (Codex), as require the issuance of a proposed rule,
presented in the most recent human required by FFDCA section 408(b)(4). the requirements of the Regulatory
health risk assessment and published in The Codex Alimentarius is a joint Flexibility Act (RFA) (5 U.S.C. 601 et
the August 2, 2016 final rule. As those United Nations Food and Agriculture seq.), do not apply.
risk estimates were not of concern to the Organization/World Health This action directly regulates growers,
Agency, EPA concludes that there is a Organization food standards program, food processors, food handlers, and food
reasonable certainty that no harm will and it is recognized as an international retailers, not States or tribes, nor does
result to the general population, or to food safety standards-setting this action alter the relationships or
infants and children from aggregate organization in trade agreements to distribution of power and
exposure to cloquintocet-mexyl which the United States is a party. EPA responsibilities established by Congress
residues. may establish a tolerance that is in the preemption provisions of FFDCA
For a detailed discussion of the different from a Codex MRL; however, section 408(n)(4). As such, the Agency
aggregate risk assessments and FFDCA section 408(b)(4) requires that has determined that this action will not
determination of safety for these EPA explain the reasons for departing have a substantial direct effect on States
tolerances, please refer to the August 2, from the Codex level. or tribal governments, on the
2016, Federal Register document and its The Codex has not established a MRL relationship between the national
supporting documents, available at for cloquintocet-mexyl. government and the States or tribal
http://www.regulations.gov in docket ID governments, or on the distribution of
V. Conclusion power and responsibilities among the
number EPA–HQ–OPP–2012–0843.
Therefore, tolerances are established various levels of government or between
Further information about EPA’s
for combined residues of cloquintocet- the Federal Government and Indian
determination that an updated risk
mexyl (acetic acid [(5-chloro-8- tribes. Thus, the Agency has determined
assessment was not necessary may be
quinolinyl) oxy]-1-methylhexyl ester) that Executive Order 13132, entitled
found in the document, ‘‘Cloquintocet-
and its acid metabolite (5-chloro-8- ‘‘Federalism’’ (64 FR 43255, August 10,
mexyl—Human Health Risk Assessment
quinlinoxyacetic acid), expressed as 1999) and Executive Order 13175,
of Tolerances without a U.S.
cloquintocet-mexyl, for use as an inert entitled ‘‘Consultation and Coordination
Registration for Use on Teff’’ in docket
ingredient (safener) in combination with with Indian Tribal Governments’’ (65 FR
ID number EPA–HQ–OPP–2016–0299.
the herbicide pyroxsulam in or on teff, 67249, November 9, 2000) do not apply
For specific information on the
forage at 0.2 ppm; teff, grain at 0.1 ppm; to this action. In addition, this action
studies received and the nature of the
teff, hay at 0.5 ppm; and teff, straw at does not impose any enforceable duty or
adverse effects caused by cloquintocet-
0.1 ppm. contain any unfunded mandate as
mexyl as well as the no-observed-
adverse-effect-level (NOAEL) and the VI. Statutory and Executive Order described under Title II of the Unfunded
lowest-observed-adverse-effect-level Reviews Mandates Reform Act (UMRA) (2 U.S.C.
(LOAEL) from the toxicity studies, the 1501 et seq.).
This action establishes tolerances This action does not involve any
reader is referred to the final rule under FFDCA section 408(d) in technical standards that would require
published in the Federal Register of response to a petition submitted to the Agency consideration of voluntary
December 16, 2005 (70 FR 74679) (FRL– Agency. The Office of Management and consensus standards pursuant to section
7753–4); Docket ID number EPA–HQ– Budget (OMB) has exempted these types 12(d) of the National Technology
OPP–2005–0234. of actions from review under Executive Transfer and Advancement Act
IV. Other Considerations Order 12866, entitled ‘‘Regulatory (NTTAA) (15 U.S.C. 272 note).
Planning and Review’’ (58 FR 51735,
A. Analytical Enforcement Methodology October 4, 1993). Because this action VII. Congressional Review Act
jstallworth on DSK7TPTVN1PROD with RULES
Adequate enforcement methodology, has been exempted from review under Pursuant to the Congressional Review
high performance liquid Executive Order 12866, this action is Act (5 U.S.C. 801 et seq.), EPA will
chromatography with ultraviolet not subject to Executive Order 13211, submit a report containing this rule and
detection (HPLC–UV); method REM entitled ‘‘Actions Concerning other required information to the U.S.
138.01for the cloquintocet-mexyl Regulations That Significantly Affect Senate, the U.S. House of
(parent) and the HPLC–UV Method RED Energy Supply, Distribution, or Use’’ (66 Representatives, and the Comptroller
138.10 for its acid metabolite, are FR 28355, May 22, 2001) or Executive General of the United States prior to
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![Federal Register / Vol. 82, No. 54 / Wednesday, March 22, 2017 / Rules and Regulations 14623
publication of the rule in the Federal Parts per number: (703) 305–7090; email address:
Commodity
Register. This action is not a ‘‘major million RDFRNotices@epa.gov.
rule’’ as defined by 5 U.S.C. 804(2). SUPPLEMENTARY INFORMATION:
* * * * *
List of Subjects in 40 CFR Part 180 I. General Information
1 There
are no U.S. registrations for use on
Environmental protection, this commodity as of March 22, 2017. A. Does this action apply to me?
Administrative practice and procedure, * * * * *
Agricultural commodities, Pesticides You may be potentially affected by
[FR Doc. 2017–05705 Filed 3–21–17; 8:45 am] this action if you are an agricultural
and pests, Reporting and recordkeeping
requirements.
BILLING CODE 6560–50–P producer, food manufacturer, or
pesticide manufacturer. The following
Dated: March 6, 2017. list of North American Industrial
Michael Goodis, ENVIRONMENTAL PROTECTION Classification System (NAICS) codes is
Director, Registration Division, Office of AGENCY not intended to be exhaustive, but rather
Pesticide Programs. provides a guide to help readers
40 CFR Part 180
Therefore, 40 CFR chapter I is determine whether this document
amended as follows: [EPA–HQ–OPP–2014–0357; FRL–9958–53] applies to them. Potentially affected
entities may include:
PART 180—[AMENDED] Cyantraniliprole; Pesticide Tolerances • Crop production (NAICS code 111).
• Animal production (NAICS code
■ 1. The authority citation for part 180 AGENCY: Environmental Protection 112).
continues to read as follows: Agency (EPA). • Food manufacturing (NAICS code
ACTION: Final rule. 311).
Authority: 21 U.S.C. 321(q), 346a and 371.
• Pesticide manufacturing (NAICS
■ 2. In § 180.560: SUMMARY: This regulation establishes code 32532).
■ a. Revise paragraph (a) introductory tolerances for residues of
cyantraniliprole in or on multiple B. How can I get electronic access to
text; and
commodities which are identified and other related information?
■ b. Add alphabetically entries for ‘‘teff,
forage,’’ ‘‘teff, grain,’’ ‘‘teff, hay,’’ and discussed later in this document. E.I. You may access a frequently updated
‘‘teff, straw’’ to the table in paragraph DuPont de Nemours & Company and electronic version of EPA’s tolerance
(a). Syngenta Crop Protection, LLC regulations at 40 CFR part 180 through
The revision and additions read as requested these tolerances under the the Government Printing Office’s e-CFR
follows: Federal Food, Drug, and Cosmetic Act site at http://www.ecfr.gov/cgi-bin/text-
(FFDCA). idx?&c=ecfr&tpl=/ecfrbrowse/Title40/
§ 180.560 Cloquintocet-mexyl; pesticide DATES: This regulation is effective 40tab_02.tpl.
tolerances.
March 22, 2017. Objections and requests C. How can I file an objection or hearing
(a) General. Tolerances are for hearings must be received on or request?
established for residues of the inert before May 22, 2017, and must be filed
ingredient cloquintocet-mexyl, in accordance with the instructions Under FFDCA section 408(g), 21
including its metabolites and provided in 40 CFR part 178 (see also U.S.C. 346a, any person may file an
degradates, in or on the commodities in Unit I.C. of the SUPPLEMENTARY objection to any aspect of this regulation
the following table when used as a INFORMATION). and may also request a hearing on those
safener in pesticide formulations objections. You must file your objection
containing the active ingredients ADDRESSES: The docket for this action, or request a hearing on this regulation
clodinafop-propargyl (wheat only), identified by docket identification (ID) in accordance with the instructions
dicamba (wheat only), flucarbazone- number EPA–HQ–OPP–2014–0357 is provided in 40 CFR part 178. To ensure
sodium (wheat only), halauxifen-methyl available at http://www.regulations.gov proper receipt by EPA, you must
(wheat or barley), pinoxaden (wheat or or at the Office of Pesticide Programs identify docket ID number EPA–HQ–
barley), or pyroxsulam (wheat or teff). Regulatory Public Docket (OPP Docket) OPP–2014–0357 in the subject line on
Compliance with the tolerance levels in the Environmental Protection Agency the first page of your submission. All
specified is to be determined by Docket Center (EPA/DC), West William objections and requests for a hearing
measuring the combined residues of Jefferson Clinton Bldg., Rm. 3334, 1301 must be in writing, and must be
cloquintocet-mexyl, (acetic acid [(5- Constitution Ave. NW., Washington, DC received by the Hearing Clerk on or
chloro-8-quinolinyl)oxy]-, 1- 20460–0001. The Public Reading Room before May 22, 2017. Addresses for mail
methylhexyl ester; CAS Reg. No. 99607– is open from 8:30 a.m. to 4:30 p.m., and hand delivery of objections and
70–2) and its acid metabolite (5-chloro- Monday through Friday, excluding legal hearing requests are provided in 40 CFR
8-quinolinoxyacetic acid), expressed as holidays. The telephone number for the 178.25(b).
cloquintocet-mexyl, in or on the Public Reading Room is (202) 566–1744, In addition to filing an objection or
following commodities: 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
Parts per the visitor instructions and additional submit a copy of the filing (excluding
Commodity information about the docket available
million any Confidential Business Information
jstallworth on DSK7TPTVN1PROD with RULES
at http://www.epa.gov/dockets. (CBI)) for inclusion in the public docket.
FOR FURTHER INFORMATION CONTACT: Information not marked confidential
* * * * *
Teff, forage 1 ............................... 0.2
Michael Goodis, Registration Division pursuant to 40 CFR part 2 may be
Teff, grain 1 ................................. 0.1 (7505P), Office of Pesticide Programs, disclosed publicly by EPA without prior
Teff, hay 1 .................................... 0.5 Environmental Protection Agency, 1200 notice. Submit the non-CBI copy of your
Teff, straw 1 ................................. 0.1 Pennsylvania Ave. NW., Washington, objection or hearing request, identified
DC 20460–0001; main telephone by docket ID number EPA–HQ–OPP–
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Document Created: 2017-03-22 03:58:53
Document Modified: 2017-03-22 03:58:53
| 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 March 22, 2017. Objections and requests for hearings must be received on or before May 22, 2017, 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 L. Goodis, P.E., Registration Division (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460- | |
| FR Citation | 82 FR 14620 | |
| CFR Associated | Environmental Protection; Administrative Practice and Procedure; Agricultural Commodities; Pesticides and Pests and Reporting and Recordkeeping Requirements |
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