82 FR 30979 - Flubendiamide; Pesticide Tolerances

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 127 (July 5, 2017)

Page Range		30979-30982
FR Document		2017-14108
This regulation establishes a tolerance for residues of flubendiamide in or on tea at 50 parts per million (ppm). Nichino America, Inc. requested this tolerance under the Federal Food, Drug, and Cosmetic Act (FFDCA).
Federal Register, Volume 82 Issue 127 (Wednesday, July 5, 2017)
[Federal Register Volume 82, Number 127 (Wednesday, July 5, 2017)]
[Rules and Regulations]
[Pages 30979-30982]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-14108]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2007-0099; FRL-9962-13]


Flubendiamide; Pesticide Tolerances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: This regulation establishes a tolerance for residues of 
flubendiamide in or on tea at 50 parts per million (ppm). Nichino 
America, Inc. requested this tolerance under the Federal Food, Drug, 
and Cosmetic Act (FFDCA).

DATES: This regulation is effective July 5, 2017. Objections and 
requests for hearings must be received on or before September 5, 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-2007-0099, 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 L. Goodis, P.E., Director, 
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).

[[Page 30980]]

     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-2007-0099 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 
September 5, 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-2007-0099, 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 12, 2016 (81 FR 53379) (FRL-9949-
53), EPA issued a document pursuant to FFDCA section 408(d)(3), 21 
U.S.C. 346a(d)(3), announced the filing of a pesticide petition (PP 
6E8463) by Nichino America, Inc., 4550 New Linden Hill Road, Suite 501, 
Wilmington, DE 19808-2951. This petition requested that 40 CFR 180.639 
be amended by establishing an import tolerance for residues of 
flubendiamide, N\2\-[1,1-dimethyl-2-(methylsulfonyl)ethyl-3-iodo-N\1\-
[2-methyl-4-[1,2,2,2-tetrafluoro-1-(trifluoromethyl)ethyl]phenyl]-1,2-
benzenedicarboxamide, in or on the processed commodity of dried tea at 
60 parts per million (ppm). This document referenced a summary of a 
petition prepared by Nichino America, Inc., the registrant, which is 
available in the docket, http://www.regulations.gov. This tolerance was 
requested to cover residues of flubendiamide in or on tea resulting 
from uses of this pesticide on tea outside the United States; there is 
no current U.S. registration for use of flubendiamide on tea. In order 
to harmonize with Codex, EPA is establishing a tolerance for residues 
of flubendiamide in or on tea at 50 ppm. The available residue data 
supports this tolerance level. A revised Section F was submitted by 
Nichino America, Inc. to support this change to the petitioned-for 
tolerance. 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), 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 flubendiamide including 
exposure resulting from the tolerance established by this action.
    In the Federal Register of December 12, 2012 (77 FR 73940) (FRL-
9373-3), EPA amended tolerances for residues of flubendiamide in or on 
apple, wet pomace and fruit, pome, group 11. EPA is relying upon 
significant portions of those risk assessments and the corresponding 
findings made in the December 12, 2012 Federal Register document in 
support of this action for the following reasons. The toxicity profile 
of flubendiamide has not changed. Much of the exposure profiled remains 
the same as well because there is no U.S. registration associated with 
the tea use (i.e., the estimated drinking water exposures reported in 
2012 are not expected to change nor is there any need to conduct a 
residential exposure assessment due to the lack of proposed or existing 
residential uses for flubendiamide). The Agency did take into 
consideration the potential additional dietary exposure to 
flubendiamide as a result of residues in or on imported tea. 
Aggregating that exposure with the dietary exposure estimated in the 
December 2012 tolerance assessment resulted in no change to the acute 
dietary exposure (3.1% of the aPAD for the general U.S. population and 
5.5% of the aPAD for children 1-2 years old, the most highly exposed 
population subgroup) and only a 1% change in the chronic dietary risk 
(21% of the cPAD) for the general U.S. population and an increase of 9% 
in the chronic dietary risk (67% of the cPAD) for children 1-2 years 
old, the most highly exposed population subgroup. The Agency's findings 
concerning cumulative effects and the children's safety factor as 
reflected in the December 2012 tolerance rulemaking are also relied 
upon in this action.
    Based upon the risk assessments supporting the December 12, 2012 
Federal Register document, the findings therein, and the updated risk 
assessment accounting for the residues of flubendiamide on imported 
tea, EPA concludes that there is a reasonable certainty that no harm 
will result to the general population, or to infants and

[[Page 30981]]

children from aggregate exposure to flubendiamide residues.
    For a detailed discussion of the aggregate risk assessments and 
determination of safety for these tolerances, please refer to the 
December 12, 2012, Federal Register document and its supporting 
documents, available at http://www.regulations.gov in docket ID number 
EPA-HQ-OPP-2007-0099. Further information about EPA's determination 
that an updated risk assessment was not necessary may be found in the 
document, ``Flubendiamide: Human Health Risk Assessment for the 
Petition for a Tolerance Without U.S. Registration for Residues in/on 
Tea.'' in docket ID number EPA-HQ-OPP-2007-0099.

IV. Other Considerations

A. Analytical Enforcement Methodology

    An independently validated liquid chromatography/tandem mass 
spectrometry (LC/MS/MS) method, Method 00816/M002, was previously 
submitted for the determination of residues of in/on samples of plant 
commodities. The validated limit of quantitation (LOQ) is 0.01 ppm for 
each analyte in each matrix.

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 is currently a 
Codex MRL for tea established at 50 ppm; therefore, the U.S. EPA is 
establishing a tolerance on tea at the same level to harmonize with 
Codex.

C. Revisions to Petitioned-For Tolerance

    If only dried tea data are submitted for imported tea (data in/on 
the RAC are not required for imported tea) and the tolerance level 
based on these data is also meant to cover for detectable residues in 
instant tea (may be demonstrated by data depicting detectable residues 
in brewed tea), then the correct commodity definition for tolerance 
setting should be ``tea'' to cover incurred residues in or on all tea 
commodities and eliminate any regulatory ambiguity. In order to 
harmonize with Codex, EPA is establishing a tolerance for residues of 
flubendiamide in or on tea at 50 ppm. The available residue data 
supports this tolerance level. A revised Section F was submitted by 
Nichino America, Inc. to support this change to the petitioned-for 
tolerance.

V. Conclusion

    Therefore, a tolerance is established for residues of 
flubendiamide, N\2\-[1,1-dimethyl-2-(methylsulfonyl)ethyl-3-iodo-N\1\-
[2-methyl-4-[1,2,2,2-tetrafluoro-1-(trifluoromethyl)ethyl]phenyl]-1,2-
benzenedicarboxamide, in or on tea at 50 ppm. At this time, there is no 
U.S. registration for use of flubendiamide on tea.

VI. Statutory and Executive Order Reviews

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

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: May 23, 2017.
Donna S. Davis,
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.


[[Page 30982]]



0
2. In Sec.  180.639, add alphabetically the entry ``Tea'' to the table 
in paragraph (a) to read as follows:


Sec.  180.639  Flubendiamide; tolerances for residues.

    (a) * * *
    (1) * * *

 
                                * * * * *
Tea \1\.................................................              50
 
                                * * * * *
------------------------------------------------------------------------
\1\ There are no U.S. registrations as of July 5, 2017, for use of
  flubendiamide on tea.

* * * * *
[FR Doc. 2017-14108 Filed 7-3-17; 8:45 am]
BILLING CODE 6560-50-P
Federal Register / Vol. 82, No. 127 / Wednesday, July 5, 2017 / Rules and Regulations 30979

EPA-APPROVED KENTUCKY NON-REGULATORY PROVISIONS—Continued
State
Name of non-regulatory SIP EPA approval
Applicable geographic or nonattainment area submittal date/ Explanations
provision date
effective date

2008 8-hour ozone base year Portions of Boone, Campbell and Kenton Counties in Ken- 8/26/2016 7/5/2017 ......... 182(a)(1)
emissions inventory for the tucky. [Insert citation base-year
Kentucky portion of the Cin- of publica- emissions
cinnati-Hamilton, OH-KY-IN tion]. inventory
Area.

PART 81—DESIGNATION OF AREAS Authority: 42 U.S.C. 7401 et seq. by revising the entries for ‘‘Cincinnati,
FOR AIR QUALITY PLANNING ■ 4. In § 81.318, the table entitled OH-KY-IN’’ to read as follows:
PURPOSES ‘‘Kentucky-2008 8-Hour Ozone NAAQS § 81.318 Kentucky.
■ 3. The authority citation for part 81 (Primary and secondary)’’ is amended
* * * * *
continues to read as follows:

KENTUCKY—2008 8-HOUR OZONE NAAQS
[Primary and secondary]

Designation Classification
Designated area
Date 1 Type Date 1 Type

Cincinnati, OH-KY-IN: 2 7/5/2017 Attainment.
Boone County (part) ................................................................................... ........................ Attainment.
2000 Census tracts: 702, 703.05, 703.06, 703.07, 703.08, 703.09,
704.01, 704.02, 705.01, 705.02, 706.01, 706.03, 706.04.
Campbell County (part) .............................................................................. ........................ Attainment.
2000 Census tracts: 501, 502, 503, 504, 505, 506, 512, 513,
519.01, 519.03, 519.04, 520.01, 520.02, 521, 522, 523.01,
523.02, 524, 525, 526, 528, 529, 530, 531.
Kenton County (part) .................................................................................. ........................ Attainment.
2000 Census tracts: 603, 607, 609, 610, 611, 612, 613, 614, 616,
636.03, 636.04, 636.05, 636.06, 638, 640, 641, 642, 643, 644,
645, 646, 647, 648, 649, 650, 651, 652, 653, 654, 655.01,
655.02, 656, 657, 658, 659, 668, 669, 670, 671.
* * * * * * *
1 This date is July 20, 2012, unless otherwise noted.
2 Excludes Indian country located in each area, unless otherwise noted.

* * * * * accordance with the instructions Registration Division (7505P), Office of
[FR Doc. 2017–13994 Filed 7–3–17; 8:45 am] provided in 40 CFR part 178 (see also Pesticide Programs, Environmental
BILLING CODE 6560–50–P Unit I.C. of the SUPPLEMENTARY Protection Agency, 1200 Pennsylvania
INFORMATION). Ave. NW., Washington, DC 20460–0001;
ADDRESSES: The docket for this action, main telephone number: (703) 305–
ENVIRONMENTAL PROTECTION 7090; email address: RDFRNotices@
identified by docket identification (ID)
AGENCY epa.gov.
number EPA–HQ–OPP–2007–0099, is
40 CFR Part 180 available at http://www.regulations.gov SUPPLEMENTARY INFORMATION:
or at the Office of Pesticide Programs
[EPA–HQ–OPP–2007–0099; FRL–9962–13] Regulatory Public Docket (OPP Docket) I. General Information
in the Environmental Protection Agency A. Does this action apply to me?
Flubendiamide; Pesticide Tolerances Docket Center (EPA/DC), West William
AGENCY: Environmental Protection Jefferson Clinton Bldg., Rm. 3334, 1301 You may be potentially affected by
Agency (EPA). Constitution Ave. NW., Washington, DC this action if you are an agricultural
ACTION: Final rule. 20460–0001. The Public Reading Room producer, food manufacturer, or
is open from 8:30 a.m. to 4:30 p.m., pesticide manufacturer. The following
SUMMARY: This regulation establishes a Monday through Friday, excluding legal list of North American Industrial
tolerance for residues of flubendiamide holidays. The telephone number for the Classification System (NAICS) codes is
in or on tea at 50 parts per million Public Reading Room is (202) 566–1744, not intended to be exhaustive, but rather
sradovich on DSK3GMQ082PROD with RULES

(ppm). Nichino America, Inc. requested and the telephone number for the OPP provides a guide to help readers
this tolerance under the Federal Food, Docket is (703) 305–5805. Please review determine whether this document
Drug, and Cosmetic Act (FFDCA). the visitor instructions and additional applies to them. Potentially affected
DATES: This regulation is effective July information about the docket available entities may include:
5, 2017. Objections and requests for at http://www.epa.gov/dockets. • Crop production (NAICS code 111).
hearings must be received on or before FOR FURTHER INFORMATION CONTACT: • Animal production (NAICS code
September 5, 2017, and must be filed in Michael L. Goodis, P.E., Director, 112).

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Federal Register / Vol. 82, No. 127 / Wednesday, July 5, 2017 / Rules and Regulations 30981

children from aggregate exposure to demonstrated by data depicting This action directly regulates growers,
flubendiamide residues. detectable residues in brewed tea), then food processors, food handlers, and food
For a detailed discussion of the the correct commodity definition for retailers, not States or tribes, nor does
aggregate risk assessments and tolerance setting should be ‘‘tea’’ to this action alter the relationships or
determination of safety for these cover incurred residues in or on all tea distribution of power and
tolerances, please refer to the December commodities and eliminate any responsibilities established by Congress
12, 2012, Federal Register document regulatory ambiguity. In order to in the preemption provisions of FFDCA
and its supporting documents, available harmonize with Codex, EPA is section 408(n)(4). As such, the Agency
at http://www.regulations.gov in docket establishing a tolerance for residues of has determined that this action will not
ID number EPA–HQ–OPP–2007–0099. flubendiamide in or on tea at 50 ppm. have a substantial direct effect on States
Further information about EPA’s The available residue data supports this or tribal governments, on the
determination that an updated risk tolerance level. A revised Section F was relationship between the national
assessment was not necessary may be submitted by Nichino America, Inc. to government and the States or tribal
found in the document, support this change to the petitioned-for governments, or on the distribution of
‘‘Flubendiamide: Human Health Risk tolerance. power and responsibilities among the
Assessment for the Petition for a various levels of government or between
V. Conclusion
Tolerance Without U.S. Registration for the Federal Government and Indian
Residues in/on Tea.’’ in docket ID Therefore, a tolerance is established tribes. Thus, the Agency has determined
number EPA–HQ–OPP–2007–0099. for residues of flubendiamide, N2-[1,1- that Executive Order 13132, entitled
dimethyl-2-(methylsulfonyl)ethyl-3- ‘‘Federalism’’ (64 FR 43255, August 10,
IV. Other Considerations
iodo-N1-[2-methyl-4-[1,2,2,2-tetrafluoro- 1999) and Executive Order 13175,
A. Analytical Enforcement Methodology 1-(trifluoromethyl)ethyl]phenyl]-1,2- entitled ‘‘Consultation and Coordination
An independently validated liquid benzenedicarboxamide, in or on tea at with Indian Tribal Governments’’ (65 FR
chromatography/tandem mass 50 ppm. At this time, there is no U.S. 67249, November 9, 2000) do not apply
spectrometry (LC/MS/MS) method, registration for use of flubendiamide on to this action. In addition, this action
Method 00816/M002, was previously tea. does not impose any enforceable duty or
submitted for the determination of contain any unfunded mandate as
VI. Statutory and Executive Order
residues of in/on samples of plant described under Title II of the Unfunded
Reviews
commodities. The validated limit of Mandates Reform Act (UMRA) (2 U.S.C.
quantitation (LOQ) is 0.01 ppm for each This action establishes a tolerance 1501 et seq.).
analyte in each matrix. under FFDCA section 408(d) in This action does not involve any
response to a petition submitted to the technical standards that would require
B. International Residue Limits Agency. The Office of Management and Agency consideration of voluntary
In making its tolerance decisions, EPA Budget (OMB) has exempted these types consensus standards pursuant to section
seeks to harmonize U.S. tolerances with of actions from review under Executive 12(d) of the National Technology
international standards whenever Order 12866, entitled ‘‘Regulatory Transfer and Advancement Act
possible, consistent with U.S. food Planning and Review’’ (58 FR 51735, (NTTAA) (15 U.S.C. 272 note).
safety standards and agricultural October 4, 1993). Because this action VII. Congressional Review Act
practices. EPA considers the has been exempted from review under
Executive Order 12866, this action is Pursuant to the Congressional Review
international maximum residue limits
not subject to Executive Order 13211, Act (5 U.S.C. 801 et seq.), EPA will
(MRLs) established by the Codex
entitled ‘‘Actions Concerning submit a report containing this rule and
Alimentarius Commission (Codex), as
Regulations That Significantly Affect other required information to the U.S.
required by FFDCA section 408(b)(4).
Energy Supply, Distribution, or Use’’ (66 Senate, the U.S. House of
The Codex Alimentarius is a joint
FR 28355, May 22, 2001) or Executive Representatives, and the Comptroller
United Nations Food and Agriculture
Order 13045, entitled ‘‘Protection of General of the United States prior to
Organization/World Health
Children from Environmental Health publication of the rule in the Federal
Organization food standards program,
Risks and Safety Risks’’ (62 FR 19885, Register. This action is not a ‘‘major
and it is recognized as an international
April 23, 1997). This action does not rule’’ as defined by 5 U.S.C. 804(2).
food safety standards-setting
organization in trade agreements to contain any information collections List of Subjects in 40 CFR Part 180
which the United States is a party. EPA subject to OMB approval under the
Paperwork Reduction Act (PRA) (44 Environmental protection,
may establish a tolerance that is Administrative practice and procedure,
different from a Codex MRL; however, U.S.C. 3501 et seq.), nor does it require
any special considerations under Agricultural commodities, Pesticides
FFDCA section 408(b)(4) requires that and pests, Reporting and recordkeeping
EPA explain the reasons for departing Executive Order 12898, entitled
‘‘Federal Actions to Address requirements.
from the Codex level. There is currently
a Codex MRL for tea established at 50 Environmental Justice in Minority Dated: May 23, 2017.
ppm; therefore, the U.S. EPA is Populations and Low-Income Donna S. Davis,
establishing a tolerance on tea at the Populations’’ (59 FR 7629, February 16, Acting Director, Registration Division, Office
same level to harmonize with Codex. 1994). of Pesticide Programs.
Since tolerances and exemptions that Therefore, 40 CFR chapter I is
sradovich on DSK3GMQ082PROD with RULES

C. Revisions to Petitioned-For Tolerance are established on the basis of a petition amended as follows:
If only dried tea data are submitted for under FFDCA section 408(d), such as
imported tea (data in/on the RAC are the tolerance in this final rule, do not PART 180—[AMENDED]
not required for imported tea) and the require the issuance of a proposed rule,
tolerance level based on these data is the requirements of the Regulatory ■ 1. The authority citation for part 180
also meant to cover for detectable Flexibility Act (RFA) (5 U.S.C. 601 et continues to read as follows:
residues in instant tea (may be seq.), do not apply. Authority: 21 U.S.C. 321(q), 346a and 371.

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30982 Federal Register / Vol. 82, No. 127 / Wednesday, July 5, 2017 / Rules and Regulations

■ 2. In § 180.639, add alphabetically the FOR FURTHER INFORMATION CONTACT: Information not marked confidential
entry ‘‘Tea’’ to the table in paragraph (a) Michael Goodis, Registration Division pursuant to 40 CFR part 2 may be
to read as follows: (7505P), Office of Pesticide Programs, disclosed publicly by EPA without prior
Environmental Protection Agency, 1200 notice. Submit the non-CBI copy of your
§ 180.639 Flubendiamide; tolerances for Pennsylvania Ave. NW., Washington, objection or hearing request, identified
residues.
DC 20460–0001; main telephone by docket ID number EPA–HQ–OPP–
(a) * * * number: (703) 305–7090; email address: 2016–0166, by one of the following
(1) * * * RDFRNotices@epa.gov. methods:
SUPPLEMENTARY INFORMATION: • Federal eRulemaking Portal: http://
* * * * * www.regulations.gov. Follow the online
Tea 1 ...................................... 50 I. General Information instructions for submitting comments.
A. Does this action apply to me? Do not submit electronically any
* * * * * information you consider to be CBI or
You may be potentially affected by other information whose disclosure is
1 There are no U.S. registrations as of July
this action if you are an agricultural restricted by statute.
5, 2017, for use of flubendiamide on tea.
producer, food manufacturer, or • Mail: OPP Docket, Environmental
* * * * * pesticide manufacturer. The following Protection Agency Docket Center (EPA/
[FR Doc. 2017–14108 Filed 7–3–17; 8:45 am] list of North American Industrial DC), (28221T), 1200 Pennsylvania Ave.
BILLING CODE 6560–50–P Classification System (NAICS) codes is NW., Washington, DC 20460–0001.
not intended to be exhaustive, but rather • Hand Delivery: To make special
provides a guide to help readers arrangements for hand delivery or
ENVIRONMENTAL PROTECTION determine whether this document delivery of boxed information, please
AGENCY applies to them. Potentially affected follow the instructions at http://
entities may include: www.epa.gov/dockets/contacts.html.
40 CFR Part 180 • Crop production (NAICS code 111). Additional instructions on
[EPA–HQ–OPP–2016–0166; FRL–9962–61] • Animal production (NAICS code commenting or visiting the docket,
112). along with more information about
Indaziflam; Pesticide Tolerances • Food manufacturing (NAICS code dockets generally, is available at http://
311). www.epa.gov/dockets.
AGENCY: Environmental Protection
Agency (EPA). • Pesticide manufacturing (NAICS
II. Summary of Petitioned-For
code 32532). Tolerance
ACTION: Final rule.
B. How can I get electronic access to In the Federal Register of May 19,
SUMMARY: This regulation establishes other related information? 2016 (81 FR 31581) (FRL–9946–02),
tolerances for residues of indaziflam in
You may access a frequently updated EPA issued a document pursuant to
or on multiple commodities which are
electronic version of EPA’s tolerance FFDCA section 408(d)(3), 21 U.S.C.
identified and discussed later in this
regulations at 40 CFR part 180 through 346a(d)(3), announcing the filing of a
document. Interregional Research
the Government Printing Office’s e-CFR pesticide petition (PP 6E8452) by IR–4,
Project Number 4 (IR–4) requested these
site at http://www.ecfr.gov/cgi-bin/text- Rutgers University, 500 College Rd.
tolerances under the Federal Food,
idx?&c=ecfr&tpl=/ecfrbrowse/Title40/ East, Suite 201 W, Princeton, NJ 08540.
Drug, and Cosmetic Act (FFDCA).
40tab_02.tpl. The petition requested that 40 CFR
DATES: This regulation is effective July
180.653 be amended by establishing
5, 2017. Objections and requests for C. How can I file an objection or hearing tolerances for residues of the herbicide
hearings must be received on or before request? indaziflam (N-[(1R,2S)-2,3-dihydro-2,6-
September 5, 2017, and must be filed in Under FFDCA section 408(g), 21 dimethyl-1H-inden-1-yl]-6-(1-
accordance with the instructions U.S.C. 346a, any person may file an fluoroethyl)-1,3,5-triazine-2,4-diamine)
provided in 40 CFR part 178 (see also objection to any aspect of this regulation in or on bushberry, subgroup 13–07B at
Unit I.C. of the SUPPLEMENTARY and may also request a hearing on those 0.01 parts per million (ppm); caneberry,
INFORMATION).
objections. You must file your objection subgroup 13–07A at 0.01 ppm; coffee,
ADDRESSES: The docket for this action, or request a hearing on this regulation green bean at 0.01 ppm; fruit, small,
identified by docket identification (ID) in accordance with the instructions vine climbing, except fuzzy kiwifruit,
number EPA–HQ–OPP–2016–0166, is provided in 40 CFR part 178. To ensure subgroup 13–07F at 0.01 ppm; hop,
available at http://www.regulations.gov proper receipt by EPA, you must dried cones at 0.03 ppm; fruit, stone,
or at the Office of Pesticide Programs identify docket ID number EPA–HQ– group 12–12 at 0.01 ppm; and nut, tree,
Regulatory Public Docket (OPP Docket) OPP–2016–0166 in the subject line on group 14–12 at 0.01 ppm. Additionally,
in the Environmental Protection Agency the first page of your submission. All the petition requested that tolerances be
Docket Center (EPA/DC), West William objections and requests for a hearing established for the crops in the
Jefferson Clinton Bldg., Rm. 3334, 1301 must be in writing, and must be proposed crop subgroup 23A (small
Constitution Ave. NW., Washington, DC received by the Hearing Clerk on or fruit, edible peel subgroup) at 0.01 ppm,
20460–0001. The Public Reading Room before September 5, 2017. Addresses for including acerola; African plum; agritos,
is open from 8:30 a.m. to 4:30 p.m., mail and hand delivery of objections almondette; appleberry; arbutus berry;
Monday through Friday, excluding legal and hearing requests are provided in 40 bayberry, red; bignay; breadnut;
sradovich on DSK3GMQ082PROD with RULES

holidays. The telephone number for the CFR 178.25(b). cabeluda; carandas-plum; Ceylon iron
Public Reading Room is (202) 566–1744, In addition to filing an objection or wood; Ceylon olive; cherry-of-the-Rio-
and the telephone number for the OPP hearing request with the Hearing Clerk Grande; Chinese olive, black; Chinese
Docket is (703) 305–5805. Please review as described in 40 CFR part 178, please olive, white; chirauli-nut; cocoplum;
the visitor instructions and additional submit a copy of the filing (excluding desert-date; false sandalwood; fragrant
information about the docket available any Confidential Business Information manjack; gooseberry, Abyssinian;
at http://www.epa.gov/dockets. (CBI)) for inclusion in the public docket. gooseberry, Ceylon; gooseberry,

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Document Created: 2017-07-04 02:00:54
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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 July 5, 2017. Objections and requests for hearings must be received on or before September 5, 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., Director, 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
FR Citation		82 FR 30979
CFR Associated		Environmental Protection; Administrative Practice and Procedure; Agricultural Commodities; Pesticides and Pests and Reporting and Recordkeeping Requirements