82 FR 36090 - Cyclaniliprole; Pesticide Tolerances and Exemption From the Requirement of a Tolerance
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 148 (August 3, 2017)
Federal Register Volume 82, Issue 148 (August 3, 2017)
| Page Range | 36090-36095 | |
| FR Document | 2017-16375 |
[Federal Register Volume 82, Number 148 (Thursday, August 3, 2017)] [Rules and Regulations] [Pages 36090-36095] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-16375] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 180 [EPA-HQ-OPP-2014-0679; FRL-9963-02] Cyclaniliprole; Pesticide Tolerances and Exemption From the Requirement of a Tolerance AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This regulation establishes tolerances for residues of cyclaniliprole in or on multiple commodities that are identified and discussed later in this document. ISK Biosciences Corporation requested these tolerances under the [[Page 36091]] Federal Food, Drug, and Cosmetic Act (FFDCA). Additionally, this regulation also establishes an exemption from the requirement of a tolerance for indirect or inadvertent residues of cyclaniliprole on multiple commodities identified and discussed later in this document. DATES: This regulation is effective August 3, 2017. Objections and requests for hearings must be received on or before October 2, 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-2014-0679, 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, 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). 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-2014-0679 in the subject line on the first page of your submission. All objections and requests for a hearing must be in writing, and must be received by the Hearing Clerk on or before October 2, 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-2014-0679, by one of the following methods: Federal eRulemaking Portal: http://www.regulations.gov. Follow the online instructions for submitting comments. Do not submit electronically any information you consider to be CBI or other information whose disclosure is restricted by statute. Mail: OPP Docket, Environmental Protection Agency Docket Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001. Hand Delivery: To make special arrangements for hand delivery or delivery of boxed information, please follow the instructions at http://www.epa.gov/dockets/contacts.html. Additional instructions on commenting or visiting the docket, along with more information about dockets generally, is available at http://www.epa.gov/dockets. II. Summary of Petitioned-For Tolerance In the Federal Register of April 6, 2015 (80 FR 18327) (FRL-9924- 00), 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 4F8253) by ISK Biosciences Corporation, 7470 Auburn Road, Suite A, Concord, OH 44077. The petition requested that 40 CFR part 180 be amended by establishing tolerances for residues of the insecticide cyclaniliprole, 3-bromo-N-[2-bromo-4-chloro-6-[[(1- cyclopropylethyl)amino]carbonyl]phenyl]-1-(3-chloro-2-pyridinyl)-1H- pyrazole-5-carboxamide, in or on the following commodities: Pome Fruit (Crop Group 11-10) at 0.3 parts per million (ppm); Tree Nuts (Crop Group 14-12) at 0.02 ppm; Stone Fruit (Crop Group 12-12) at 0.7 ppm; Fruiting Vegetables (Crop Group 8-10) at 0.2 ppm; Cucurbit Vegetables, (Crop Group 9) at 0.2 ppm; and Small Fruit Vine Climbing Subgroup, except Fuzzy Kiwifruit (Crop Group 13-07F) at 0.9 ppm. Additionally tolerances are requested for residues of cyclaniliprole in or on the crops in the proposed Crop Subgroup 4-14A, Leafy greens subgroup at 7.0 ppm, including amaranth, Chinese; amaranth, leafy; aster, Indian; blackjack; cat's whiskers; chervil, fresh leaves; cham-chwi; cham- namul; chipilin; chrysanthemum, garland; cilantro, fresh leaves; corn salad; cosmos; dandelion; dang-gwi; dillweed; dock; dol-nam-mul; ebolo; endive; escarole; fameflower; feather cockscomb; good king henry; huauzontle; jute, leaves; lettuce, bitter; lettuce, head; lettuce, leaf; orach; parsley, fresh leaves; plantain, buckhorn; primrose, English; purslane, garden; purslane, winter; radicchio; spinach; spinach, malabar; spinach, New Zealand; spinach, tanier; swiss chard; and violet, Chinese; crops in the proposed Crop Subgroup 4-14B, Brassica leafy greens subgroup at 15 ppm, including arugula; broccoli raab; broccoli, Chinese; cabbage, abyssinian; cabbage, seakale; Chinese cabbage, bok choy; collards; cress, garden; cress, upland; hanover salad; kale; maca; mizuna; mustard greens; radish, leaves; rape greens; rocket, wild; shepherd's purse; turnip greens; and watercress; crops in the proposed Crop Subgroup 22B, Leaf petiole vegetable subgroup at 7.0 ppm, including Cardoon; celery; celery, Chinese; fuki; rhubarb; udo; zuiki; and the crops in the proposed Crop Group 5-14, Brassica Head and Stem Vegetable at 1.5 ppm, including broccoli; Brussels sprouts; cabbage; cabbage, Chinese, napa; and cauliflower. [[Page 36092]] Tolerances are also requested for residues of cyclaniliprole in or on the following animal feed commodities: almond, hulls at 8.0 ppm; apple, wet pomace at 0.96 ppm; and in the following animal tissues and meat byproducts: Cattle, fat at 0.08 ppm; cattle, kidney at 0.08 ppm; cattle, liver at 0.1 ppm; cattle, meat at 0.02 ppm; cattle, meat byproducts at 0.02 ppm; goat, fat at 0.08 ppm; goat, kidney at 0.08 ppm; goat, liver at 0.1 ppm; goat, meat at 0.02 ppm; goat, meat byproducts at 0.02 ppm; horse, fat at 0.08 ppm; horse, kidney at 0.08 ppm; horse, liver at 0.1 ppm; horse, meat at 0.02 ppm; horse, meat byproducts at 0.02 ppm; milk at 0.01 ppm; sheep, fat at 0.08 ppm; sheep, kidney at 0.08 ppm; sheep, liver at 0.1 ppm; sheep, meat at 0.02 ppm; and sheep, meat byproducts at 0.02 ppm. In addition, a tolerance was requested for imported Tea (dried and instant) at 40 ppm. That document referenced a summary of the petition prepared by ISK Biosciences Corporation, the petitioner, which is available in the docket, http://www.regulations.gov. There were no comments received in response to the notice of filing. In the Federal Register of November 23, 2015 (80 FR 72941) (FRL- 9936-73), EPA issued a document pursuant to FFDCA section 408(d)(3), 21 U.S.C. 346a(d)(3), announcing ISK's amendment to its pesticide petition (PP 4F8253). The amended petition requested, in addition to the tolerances requested in the original petition, an exemption from the requirement of a tolerance for indirect or inadvertent residues of cyclaniliprole in or on all food commodities, not already covered by a tolerance. That document referenced a summary of the petition prepared by ISK Biosciences Corporation, the petitioner, which is available in the docket, http://www.regulations.gov. A comment was received on the notice of filing. EPA's response to that comment is discussed in Unit IV.C. Based upon review of the data supporting the petition, EPA is establishing tolerances that vary from what was requested by the petitioner for multiple commodities. The reasons for these changes are explained in Unit IV.D. III. Aggregate Risk Assessment and Determination of Safety Section 408(b)(2)(A)(i) of FFDCA allows EPA to establish a tolerance (the legal limit for a pesticide chemical residue in or on a food) only if EPA determines that the tolerance is ``safe.'' Section 408(b)(2)(A)(ii) of FFDCA defines ``safe'' to mean that ``there is a reasonable certainty that no harm will result from aggregate exposure to the pesticide chemical residue, including all anticipated dietary exposures and all other exposures for which there is reliable information.'' This includes exposure through drinking water and in residential settings, but does not include occupational exposure. Section 408(b)(2)(C) of FFDCA requires EPA to give special consideration to exposure of infants and children to the pesticide 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 cyclaniliprole including exposure resulting from the tolerances established by this action. EPA's assessment of exposures and risks associated with cyclaniliprole follows. EPA has evaluated the available toxicity data and considered its validity, completeness, and reliability as well as the relationship of the results of the studies to human risk. EPA has also considered available information concerning the variability of the sensitivities of major identifiable subgroups of consumers, including infants and children. No single or repeated dose study performed by any route of exposure produced an adverse effect following cyclaniliprole exposure below, at, or above the limit dose (1,000 mg/kg/day). In short- and long-term studies in rats and mice, the most consistent finding was adaptive liver effects, which often consisted of slight increases in liver weight without associated clinical chemistry and histopathological changes, and it was seen mostly at or above the limit dose (1,000 mg/ kg/day). In dogs, both subchronic and chronic studies showed increases in liver weight, centrilobular hepatocellular hypertrophy, and elevated levels of alkaline phosphatase (ALP) at sub-limit dose levels. However, these findings were not considered as adverse because of the following: (1) ALP increase in dogs is a common laboratory finding and could be attributed to many factors such as corticosterone release, young dogs often have high and variable ALP values related to bone growth, cholestasis, and pharmacologically mediated hepatic drug metabolizing enzyme induction; (2) no histopathological changes were seen at any dose level tested; (3) the liver effects showed no progression of toxicity or increase in the number of parameters affected in the chronic study (1-year) relative to the subchronic study; and (4) no liver effects were seen in toxicity studies in rats and mice at or above the limit dose (1,000 mg/kg/day). In addition, a structurally related chemical, chlorantraniliprole, tested up to the limit dose in dogs did not demonstrate liver effects. No toxicity was seen in rat and rabbit developmental toxicity and in rat reproduction studies which were tested up to the limit dose (1,000 mg/kg/day). Therefore, there is no evidence that cyclaniliprole produces increased susceptibility with prenatal or postnatal exposures. Cyclaniliprole is classified as ``Not likely to be Carcinogenic to Humans'' based on no increase in treatment-related tumor incidence in the chronic toxicity study in rats and in carcinogenicity studies in rats and mice. Cyclaniliprole produced no genotoxicity. A dermal toxicity study tested at the limit dose did not produce any systemic toxicity, which was consistent with the finding of low dermal absorption. Specific information on the studies received for cyclaniliprole as well as the no-observed-adverse-effect-level (NOAEL) from the toxicity studies can be found at http://www.regulations.gov in document ``Cyclaniliprole: Human Health Risk Assessment for the Proposed New Insecticide Active Ingredient'' dated September 12, 2015 in docket ID number EPA-HQ-OPP-2014-0679. Based on the analysis of the available cyclaniliprole toxicological studies, there is no adverse toxicity seen in any of the required submitted toxicology studies, and no toxicity endpoint and point of departure are established for human health risk assessment. Cyclaniliprole is proposed for use on a variety of crops. Humans could potentially be exposed to cyclaniliprole residues in food because cyclaniliprole may be applied directly to growing crops. These applications can also result in cyclaniliprole reaching surface and ground water, both of which can serve as sources of drinking water. There are no proposed uses in residential settings; therefore, there are no anticipated residential exposures. Based on the toxicological profile of cyclaniliprole, EPA has concluded that the FFDCA requirements to retain an additional safety factor for protection of infants and children and to consider [[Page 36093]] cumulative effects do not apply. Section 408(b)(2)(C) requires an additional tenfold margin of safety in the case of threshold risks, which are not present in this case. Section 408(b)(2)(D)(v) requires consideration of information concerning cumulative effects of substances that have a common mechanism of toxicity, which cyclaniliprole does not have. Based on the available data indicating a lack of adverse effects from exposure to cyclaniliprole, 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 cyclaniliprole. IV. Other Considerations A. Analytical Enforcement Methodology Method JSM0269 was developed for plant commodities, and Method JSM0277 was developed for livestock commodities. Residues of cyclaniliprole are extracted from crops using acetonitrile and cleaned up by solid phase extraction. Extracted residue levels are determined by liquid chromatography with tandem mass spectrometry (LC-MS/MS). Residues of cyclaniliprole are extracted from livestock using acetonitrile and cleaned up by liquid-liquid partition with hexane followed by SPE. Extracted residue levels are determined by LC-MS/MS in positive ion spray mode. Multiresidue methods testing data have been submitted for cyclaniliprole and NK-1375. The data indicate that the multiresidue methods (Protocols A through G) are not suitable for the analysis of cyclaniliprole, so the multiresidue methods cannot serve as enforcement methods. The multiresidue data have been sent to FDA. Adequate enforcement methodology (LC-MS/MS) is available to enforce the tolerance expression. The method may be requested from: Chief, Analytical Chemistry Branch, Environmental Science Center, 701 Mapes Rd., Ft. Meade, MD 20755-5350; telephone number: (410) 305-2905; email address: [email protected]. B. International Residue Limits In making its tolerance decisions, EPA seeks to harmonize U.S. tolerances with international standards whenever possible, consistent with U.S. food safety standards and agricultural practices. EPA considers the international maximum residue limits (MRLs) established by the Codex Alimentarius Commission (Codex), as required by FFDCA section 408(b)(4). The Codex Alimentarius is a joint United Nations Food and Agriculture Organization/World Health Organization food standards program, and it is recognized as an international food safety standards-setting organization in trade agreements to which the United States is a party. EPA may establish a tolerance that is different from a Codex MRL; however, FFDCA section 408(b)(4) requires that EPA explain the reasons for departing from the Codex level. The Codex has not established a MRL for cyclaniliprole. C. Response to Comments A comment was received from an anonymous commenter objecting to EPA requesting denial of this petition and stating that ``food should not be contaminated with these chemicals.'' The existing legal framework provided by section 408 of the Federal Food, Drug, and Cosmetic Act (FFDCA) states that tolerances may be set when the pesticide meets the safety standard imposed by that statute. As required by that statute, EPA conducted a comprehensive assessment of cyclaniliprole, including its potential for carcinogenicity. Based on its assessment of the available data, the Agency believes that given the observed lack of toxicity of this chemical, no risks of concern are expected. Therefore, 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 cyclaniliprole. D. Revisions to Petitioned-For Tolerances Tolerances were requested for individual crops in the proposed Crop Subgroup 4-14A, Leafy greens subgroup at 7.0 ppm; crops in the proposed Crop Subgroup 4-14B, Brassica leafy greens subgroup at 15 ppm; crops in the proposed Crop Subgroup 22B, Leaf petiole vegetable subgroup at 7.0 ppm and the crops in the proposed Crop Group 5-14: Brassica Head and Stem Vegetable at 1.5 ppm. These crop groups were proposed in a Proposed Rule that published in the Federal Register of November 14, 2014 (79 FR 68153). In the time since the petition was initially filed, these crop group/subgroups have been established, although with a slightly different numbering based on the year in which the crop groups were finalized, i.e., since the rule was published in 2016, the groups end in a -16, instead of -14 when they were proposed. See May 3, 2016 (85 FR 26471). Therefore, EPA is establishing the subgroup/group tolerances as requested but with the updated names with one exception. EPA is not establishing a tolerance for subgroup 22B since residue field trial data (celery) were not provided to support the establishing a tolerance for the commodities in subgroup 22B. Additionally, the EPA is establishing a tolerance for Vegetable, leafy, group 4-16 at 15 ppm instead of the requested tolerance for residues in or on the leafy greens subgroup 4-16A at 7.0 ppm and Brassica leafy greens subgroup 4-16B at 15 ppm. Based on the Organization for Economic Cooperation and Development (OECD) tolerance calculation procedures and residue data for head lettuce, leaf lettuce, and spinach, the tolerance level would be 8.0 ppm for leafy greens subgroup 4-16A. However, instead of establishing the two subgroup tolerances, in order to harmonize with Canada which has established a crop group, Leafy Vegetables (CG 4-13) maximum residue level (MRL) at 15 ppm, EPA is establishing a tolerance for Vegetable, leafy, group 4- 16 at 15 ppm. The EPA is also establishing lower tolerance levels than requested for the following commodities because the residue of concern is parent only instead of parent and its metabolite NK-1375: Almond hulls, reduced from 8 to 6.0 ppm; wet apple pomace, reduced from 0.96 to 0.50 ppm; Vegetable, Brassica, head and stem, group 5-16 reduced from 1.5 to 1.0 ppm; cucurbit vegetables, crop group 9, reduced from 0.2 to 0.15 ppm; small vine climbing fruit, except fuzzy kiwifruit, crop group 13- 07F, reduced from 0.9 to 0.80 ppm; and for the following commodities for each animal (cattle, goat, horse, and sheep)--fat, reduced from 0.08 to 0.015 ppm; kidney (now included in meat byproducts), reduced from 0.08 to 0.015 ppm; meat, reduced from 0.02 to 0.01 ppm; meat byproducts, reduced from 0.02 to 0.015 ppm; and liver, reduced from 0.1 to 0.015 ppm. Based on OECD tolerance calculation procedures, EPA is also establishing higher tolerance levels than requested for the following commodities: The stone fruit crop group 12-12, increased from 0.7 to 1.0 ppm; the tree nuts crop group 14-12, increased from 0.02 to 0.03 ppm, and tea, dried leaves, increased from 40 to 50 ppm. No tolerance is needed for tea, instant (dry form) since residues are covered by the tolerance on tea, dried. EPA is establishing an increased tolerance on milk from 0.01 ppm to 0.015 ppm to harmonize with Canada. Finally, tolerances were requested for residues in/on kidney and liver of cattle, goat, horse, and sheep. According to current EPA policy, residues for liver [[Page 36094]] and kidney will be covered by tolerances for residues in/on meat byproducts so separate tolerances are not needed. V. Conclusion Although the lack of toxicity supports a safety finding for an exemption from the requirement of tolerance for all crops, EPA is establishing tolerances for residues resulting from direct applications to certain commodities because the petitioner requested them for international trade purposes. Tolerances are established for residues of cyclaniliprole, 3-bromo-N-[2-bromo-4-chloro-6-[[(1- cyclopropylethyl)amino]carbonyl]phenyl]-1-(3-chloro-2-pyridinyl)-1H- pyrazole-5-carboxamide, in or on Pome Fruit (Crop Group 11-10) at 0.30 parts per million (ppm); Nut, tree (Crop Group 14-12) at 0.03 ppm; Stone Fruit (Crop Group 12-12) at 1.0 ppm; Fruiting Vegetables (Crop Group 8-10) at 0.20 ppm; Cucurbit Vegetables, (Crop Group 9) at 0.15 ppm; Small Fruit Vine Climbing Subgroup except Fuzzy Kiwifruit (Crop Group 13-07F) at 0.80 ppm; Vegetable, leafy, group 4-16 at 15 ppm; Vegetable, Brassica, head and stem, group 5-16 at 1.0 ppm; Milk at 0.015 ppm; tea, dried leaves at 50 ppm; Almond, hulls at 6.0 ppm; Apple, wet pomace at 0.50 ppm; cattle, goat, horse, and sheep fat at 0.015 ppm; cattle, goat, horse, and sheep meat at 0.01 ppm; and cattle, goat, horse, and sheep meat byproducts at 0.015 ppm. Additionally, an exemption from the requirement of a tolerance is established for indirect or inadvertent residues of cyclaniliprole, 3- bromo-N-[2-bromo-4-chloro-6-[[(1- cyclopropylethyl)amino]carbonyl]phenyl]-1-(3-chloro-2-pyridinyl)-1H- pyrazole-5-carboxamide, in or on all raw agricultural commodities, except for those commodities with tolerances established. VI. Statutory and Executive Order Reviews This action establishes tolerances under FFDCA section 408(d) in response to a petition submitted to the Agency. The Office of Management and Budget (OMB) has exempted these types of actions from review under Executive Order 12866, entitled ``Regulatory Planning and Review'' (58 FR 51735, October 4, 1993). Because this action has been exempted from review under Executive Order 12866, this action is not subject to Executive Order 13211, entitled ``Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001) or Executive Order 13045, entitled ``Protection of Children from Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997). This action does not contain any information collections subject to OMB approval under the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.), nor does it require any special considerations under Executive Order 12898, entitled ``Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations'' (59 FR 7629, February 16, 1994). Since tolerances and exemptions that are established on the basis of a petition under FFDCA section 408(d), such as the tolerance in this final rule, do not require the issuance of a proposed rule, the requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.), do not apply. This action directly regulates growers, food processors, food handlers, and food retailers, not States or tribes, nor does this action alter the relationships or distribution of power and responsibilities established by Congress in the preemption provisions of FFDCA section 408(n)(4). As such, the Agency has determined that this action will not have a substantial direct effect on States or tribal governments, on the relationship between the national government and the States or tribal governments, or on the distribution of power and responsibilities among the various levels of government or between the Federal Government and Indian tribes. Thus, the Agency has determined that Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 10, 1999) and Executive Order 13175, entitled ``Consultation and Coordination with Indian Tribal Governments'' (65 FR 67249, November 9, 2000) do not apply to this action. In addition, this action does not impose any enforceable duty or contain any unfunded mandate as described under Title II of the Unfunded Mandates Reform Act (UMRA) (2 U.S.C. 1501 et seq.). This action does not involve any technical standards that would require Agency consideration of voluntary 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: June 30, 2017. Richard P. Keigwin, Jr., Director, 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. Add Sec. 180.694 to subpart C to read as follows: Sec. [emsp14]180.694 Cyclaniliprole; tolerances for residues. (a) General. Tolerances are established for residues of the insecticide cyclaniliprole, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels specified below is to be determined by measuring only cyclaniliprole, 3-bromo-N-[2-bromo-4-chloro-6-[[(1- cyclopropylethyl)amino]carbonyl]phenyl]-1-(3-chloro-2-pyridinyl)-1H- pyrazole-5-carboxamide, in or on the commodity. ------------------------------------------------------------------------ Parts per Commodity million ------------------------------------------------------------------------ Almond, hulls........................................... 6.0 Apple, wet pomace....................................... 0.50 Cattle, fat............................................. 0.015 Cattle, meat............................................ 0.01 Cattle, meat byproducts................................. 0.015 Fruit, pome, group 11-10................................ 0.30 Fruit, small vine climbing, except fuzzy kiwifruit, 0.80 subgroup 13-07F........................................ Fruit, stone, group 12-12............................... 1.0 Goat, fat............................................... 0.015 Goat, meat.............................................. 0.01 Goat, meat byproducts................................... 0.015 Horse, fat.............................................. 0.015 Horse, meat............................................. 0.01 Horse, meat byproducts.................................. 0.015 Milk.................................................... 0.015 Nut, tree, group 14-12.................................. 0.03 Sheep, fat.............................................. 0.015 Sheep, meat............................................. 0.01 Sheep, meat byproducts.................................. 0.015 Tea, dried \1\.......................................... 50 Vegetable, Brassica, head and stem, group 5-16.......... 1.0 Vegetable, cucurbit, group 9............................ 0.15 Vegetable, fruiting, group 8-10......................... 0.20 Vegetable, leafy, group 4-16............................ 15 ------------------------------------------------------------------------ \1\ There are no U.S. registrations for Tea. [[Page 36095]] (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] 0 3. Add Sec. 180.1344 to subpart D to read as follows: Sec. [emsp14]180.1344 Cyclaniliprole; exemption from the requirement of a tolerance. An exemption from the requirement of a tolerance is established for indirect and inadvertent residues of the insecticide cyclaniliprole, including its metabolites and degradates, in or on all raw agricultural commodities not listed in paragraph (a) of Sec. 180.694, when residues are present therein as a result of subsequent uptake by crops rotated into fields where the crops in Sec. 180.694 (a) were treated with cyclaniliprole. [FR Doc. 2017-16375 Filed 8-2-17; 8:45 am] BILLING CODE 6560-50-P
![36090 Federal Register / Vol. 82, No. 148 / Thursday, August 3, 2017 / Rules and Regulations
procedures to derive the recommended U.S.C. 3501 et seq.), nor does it require Agricultural commodities, Pesticides
levels. For crop groups, and per EPA’s any special considerations under and pests, Reporting and recordkeeping
current policy, a tolerance level for each Executive Order 12898, entitled requirements.
representative commodity was ‘‘Federal Actions to Address Dated: June 29, 2017.
calculated separately, and then the Environmental Justice in Minority Donna Davis,
maximum value within each crop group Populations and Low-Income
Acting Director, Registration Division, Office
was selected as the tolerance level. Populations’’ (59 FR 7629, February 16,
of Pesticide Programs.
All of EPA’s tolerance levels are 1994).
expressed to provide sufficient Since tolerances and exemptions that Therefore, 40 CFR chapter I is
precision for enforcement purposes. are established on the basis of a petition amended as follows:
This may include the addition of under FFDCA section 408(d), such as
trailing zeros, as was the case for the tolerance in this final rule, do not PART 180—[AMENDED]
Vegetable, cucurbit, group 9 for which require the issuance of a proposed rule, ■ 1. The authority citation for part 180
a tolerance of 0.3 ppm was proposed the requirements of the Regulatory continues to read as follows:
and a tolerance at 0.30 ppm is being Flexibility Act (RFA) (5 U.S.C. 601 et
established. seq.), do not apply. Authority: 21 U.S.C. 321(q), 346a and 371.
Finally, EPA is revising the tolerance This action directly regulates growers, ■ 2. Section 180.622, paragraph (a) is
expression to clarify (1) that, as food processors, food handlers, and food revised to read as follows:
provided in FFDCA section 408(a)(3), retailers, not States or tribes, nor does
the tolerance covers metabolites and this action alter the relationships or § 180.622 Ethaboxam; tolerances for
degradates of ethaboxam not specifically distribution of power and residues.
mentioned; and (2) that compliance responsibilities established by Congress (a) General. Tolerances are
with the specified tolerance levels is to in the preemption provisions of FFDCA established for residues of ethaboxam,
be determined by measuring only the section 408(n)(4). As such, the Agency including its metabolites and
specific compounds mentioned in the has determined that this action will not degradates, in or on the commodities
tolerance expression. have a substantial direct effect on States listed in the table below. Compliance
or tribal governments, on the with the tolerance levels specified
V. Conclusion below is to be determined by measuring
relationship between the national
Therefore, tolerances are established government and the States or tribal only ethaboxam (N-(cyano-2-
for residues of ethaboxam (N-(cyano-2- governments, or on the distribution of thienylmethyl)-4-ethyl-2-(ethylamino)-
thienylmethyl)-4-ethyl-2-(ethlyamino)- power and responsibilities among the 5-thiazolecarboxamide) in or on the
5-thiazolecarboxamide), including its various levels of government or between commodity.
metabolites and degradates, in or on the Federal Government and Indian
Ginseng at 0.10 ppm; Pepper/eggplant, tribes. Thus, the Agency has determined Commodity Parts per
subgroup 8–10B at 0.90 ppm; Vegetable, million
that Executive Order 13132, entitled
cucurbit, group 9 at 0.30 ppm; and ‘‘Federalism’’ (64 FR 43255, August 10, Ginseng ................................ 0.10
Vegetable, tuberous and corm, subgroup 1999) and Executive Order 13175, Grape 1 .................................. 6.0
1C at 0.01 ppm. Compliance with the entitled ‘‘Consultation and Coordination Pepper/eggplant subgroup
tolerance levels specified above is to be with Indian Tribal Governments’’ (65 FR 8–10B ................................ 0.90
determined by measuring only 67249, November 9, 2000) do not apply Vegetable, cucurbit, group 9 0.30
ethaboxam (N-(cyano-2-thienylmethyl)- to this action. In addition, this action Vegetable, tuberous and
4-ethyl-2-(ethlyamino)-5- does not impose any enforceable duty or corm, subgroup 1C ........... 0.01
thiazolecarboxamide). contain any unfunded mandate as 1 There
is no U.S. registration as of Sep-
VI. Statutory and Executive Order described under Title II of the Unfunded tember 27, 2006.
Reviews Mandates Reform Act (UMRA) (2 U.S.C. * * * * *
1501 et seq.). [FR Doc. 2017–16371 Filed 8–2–17; 8:45 am]
This action establishes tolerances This action does not involve any
under FFDCA section 408(d) in technical standards that would require
BILLING CODE 6560–50–P
response to a petition submitted to the Agency consideration of voluntary
Agency. The Office of Management and consensus standards pursuant to section
Budget (OMB) has exempted these types ENVIRONMENTAL PROTECTION
12(d) of the National Technology AGENCY
of actions from review under Executive Transfer and Advancement Act
Order 12866, entitled ‘‘Regulatory (NTTAA) (15 U.S.C. 272 note). 40 CFR Part 180
Planning and Review’’ (58 FR 51735,
October 4, 1993). Because this action VII. Congressional Review Act [EPA–HQ–OPP–2014–0679; FRL–9963–02]
has been exempted from review under Pursuant to the Congressional Review
Executive Order 12866, this action is Cyclaniliprole; Pesticide Tolerances
Act (5 U.S.C. 801 et seq.), EPA will
not subject to Executive Order 13211, and Exemption From the Requirement
submit a report containing this rule and
entitled ‘‘Actions Concerning of a Tolerance
other required information to the U.S.
Regulations That Significantly Affect Senate, the U.S. House of AGENCY: Environmental Protection
Energy Supply, Distribution, or Use’’ (66 Representatives, and the Comptroller Agency (EPA).
FR 28355, May 22, 2001) or Executive General of the United States prior to ACTION: Final rule.
pmangrum on DSK3GDR082PROD with RULES
Order 13045, entitled ‘‘Protection of publication of the rule in the Federal
Children from Environmental Health Register. This action is not a ‘‘major SUMMARY: This regulation establishes
Risks and Safety Risks’’ (62 FR 19885, rule’’ as defined by 5 U.S.C. 804(2). tolerances for residues of cyclaniliprole
April 23, 1997). This action does not in or on multiple commodities that are
contain any information collections List of Subjects in 40 CFR Part 180 identified and discussed later in this
subject to OMB approval under the Environmental protection, document. ISK Biosciences Corporation
Paperwork Reduction Act (PRA) (44 Administrative practice and procedure, requested these tolerances under the
VerDate Sep<11>2014 13:28 Aug 02, 2017 Jkt 241001 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 E:\FR\FM\03AUR1.SGM 03AUR1](https://thefederalregister.org/doc/82_FR_36238/page/1.svg)
![Federal Register / Vol. 82, No. 148 / Thursday, August 3, 2017 / Rules and Regulations 36091
Federal Food, Drug, and Cosmetic Act B. How can I get electronic access to II. Summary of Petitioned-For
(FFDCA). Additionally, this regulation other related information? Tolerance
also establishes an exemption from the In the Federal Register of April 6,
requirement of a tolerance for indirect You may access a frequently updated
electronic version of EPA’s tolerance 2015 (80 FR 18327) (FRL–9924–00),
or inadvertent residues of cyclaniliprole EPA issued a document pursuant to
on multiple commodities identified and regulations at 40 CFR part 180 through
the Government Printing Office’s e-CFR FFDCA section 408(d)(3), 21 U.S.C.
discussed later in this document. 346a(d)(3), announcing the filing of a
site at http://www.ecfr.gov/cgi-bin/text-
DATES: This regulation is effective
idx?&c=ecfr&tpl=/ecfrbrowse/Title40/ pesticide petition (PP 4F8253) by ISK
August 3, 2017. Objections and requests 40tab_02.tpl. Biosciences Corporation, 7470 Auburn
for hearings must be received on or Road, Suite A, Concord, OH 44077. The
before October 2, 2017, and must be C. How can I file an objection or hearing petition requested that 40 CFR part 180
filed in accordance with the instructions request? be amended by establishing tolerances
provided in 40 CFR part 178 (see also for residues of the insecticide
Unit I.C. of the SUPPLEMENTARY Under FFDCA section 408(g), 21 cyclaniliprole, 3-bromo-N-[2-bromo-4-
INFORMATION).
U.S.C. 346a, any person may file an chloro-6-[[(1-cyclopropylethyl)
objection to any aspect of this regulation amino]carbonyl]phenyl]-1-(3-chloro-2-
ADDRESSES: The docket for this action, and may also request a hearing on those pyridinyl)-1H-pyrazole-5-carboxamide,
identified by docket identification (ID) objections. You must file your objection in or on the following commodities:
number EPA–HQ–OPP–2014–0679, is or request a hearing on this regulation Pome Fruit (Crop Group 11–10) at 0.3
available at http://www.regulations.gov in accordance with the instructions parts per million (ppm); Tree Nuts (Crop
or at the Office of Pesticide Programs provided in 40 CFR part 178. To ensure Group 14–12) at 0.02 ppm; Stone Fruit
Regulatory Public Docket (OPP Docket) proper receipt by EPA, you must (Crop Group 12–12) at 0.7 ppm; Fruiting
in the Environmental Protection Agency identify docket ID number EPA–HQ– Vegetables (Crop Group 8–10) at 0.2
Docket Center (EPA/DC), West William OPP–2014–0679 in the subject line on ppm; Cucurbit Vegetables, (Crop Group
Jefferson Clinton Bldg., Rm. 3334, 1301 the first page of your submission. All 9) at 0.2 ppm; and Small Fruit Vine
Constitution Ave. NW., Washington, DC objections and requests for a hearing Climbing Subgroup, except Fuzzy
20460–0001. The Public Reading Room must be in writing, and must be Kiwifruit (Crop Group 13–07F) at 0.9
is open from 8:30 a.m. to 4:30 p.m., received by the Hearing Clerk on or ppm. Additionally tolerances are
Monday through Friday, excluding legal before October 2, 2017. Addresses for requested for residues of cyclaniliprole
holidays. The telephone number for the mail and hand delivery of objections in or on the crops in the proposed Crop
Public Reading Room is (202) 566–1744, and hearing requests are provided in 40 Subgroup 4–14A, Leafy greens subgroup
and the telephone number for the OPP CFR 178.25(b). at 7.0 ppm, including amaranth,
Docket is (703) 305–5805. Please review In addition to filing an objection or Chinese; amaranth, leafy; aster, Indian;
the visitor instructions and additional hearing request with the Hearing Clerk blackjack; cat’s whiskers; chervil, fresh
information about the docket available as described in 40 CFR part 178, please leaves; cham-chwi; cham-namul;
at http://www.epa.gov/dockets. submit a copy of the filing (excluding chipilin; chrysanthemum, garland;
FOR FURTHER INFORMATION CONTACT: any Confidential Business Information cilantro, fresh leaves; corn salad;
Michael L. Goodis, Director, (CBI)) for inclusion in the public docket. cosmos; dandelion; dang-gwi; dillweed;
Registration Division (7505P), Office of Information not marked confidential dock; dol-nam-mul; ebolo; endive;
Pesticide Programs, Environmental pursuant to 40 CFR part 2 may be escarole; fameflower; feather
Protection Agency, 1200 Pennsylvania disclosed publicly by EPA without prior cockscomb; good king henry;
Ave. NW., Washington, DC 20460–0001; notice. Submit the non-CBI copy of your huauzontle; jute, leaves; lettuce, bitter;
main telephone number: (703) 305– objection or hearing request, identified lettuce, head; lettuce, leaf; orach;
7090; email address: RDFRNotices@ by docket ID number EPA–HQ–OPP– parsley, fresh leaves; plantain,
epa.gov. 2014–0679, by one of the following buckhorn; primrose, English; purslane,
SUPPLEMENTARY INFORMATION: methods: garden; purslane, winter; radicchio;
• Federal eRulemaking Portal: http:// spinach; spinach, malabar; spinach,
I. General Information www.regulations.gov. Follow the online New Zealand; spinach, tanier; swiss
A. Does this action apply to me? instructions for submitting comments. chard; and violet, Chinese; crops in the
Do not submit electronically any proposed Crop Subgroup 4–14B,
You may be potentially affected by information you consider to be CBI or Brassica leafy greens subgroup at 15
this action if you are an agricultural other information whose disclosure is ppm, including arugula; broccoli raab;
producer, food manufacturer, or restricted by statute. broccoli, Chinese; cabbage, abyssinian;
pesticide manufacturer. The following cabbage, seakale; Chinese cabbage, bok
list of North American Industrial • Mail: OPP Docket, Environmental
choy; collards; cress, garden; cress,
Classification System (NAICS) codes is Protection Agency Docket Center (EPA/
upland; hanover salad; kale; maca;
not intended to be exhaustive, but rather DC), (28221T), 1200 Pennsylvania Ave.
mizuna; mustard greens; radish, leaves;
provides a guide to help readers NW., Washington, DC 20460–0001.
rape greens; rocket, wild; shepherd’s
determine whether this document • Hand Delivery: To make special purse; turnip greens; and watercress;
applies to them. Potentially affected arrangements for hand delivery or crops in the proposed Crop Subgroup
entities may include: delivery of boxed information, please 22B, Leaf petiole vegetable subgroup at
pmangrum on DSK3GDR082PROD with RULES
• Crop production (NAICS code 111). follow the instructions at http:// 7.0 ppm, including Cardoon; celery;
• Animal production (NAICS code www.epa.gov/dockets/contacts.html. celery, Chinese; fuki; rhubarb; udo;
112). Additional instructions on zuiki; and the crops in the proposed
• Food manufacturing (NAICS code commenting or visiting the docket, Crop Group 5–14, Brassica Head and
311). along with more information about Stem Vegetable at 1.5 ppm, including
• Pesticide manufacturing (NAICS dockets generally, is available at http:// broccoli; Brussels sprouts; cabbage;
code 32532). www.epa.gov/dockets. cabbage, Chinese, napa; and cauliflower.
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![36094 Federal Register / Vol. 82, No. 148 / Thursday, August 3, 2017 / Rules and Regulations
and kidney will be covered by Children from Environmental Health Register. This action is not a ‘‘major
tolerances for residues in/on meat Risks and Safety Risks’’ (62 FR 19885, rule’’ as defined by 5 U.S.C. 804(2).
byproducts so separate tolerances are April 23, 1997). This action does not
List of Subjects in 40 CFR Part 180
not needed. contain any information collections
subject to OMB approval under the Environmental protection,
V. Conclusion Administrative practice and procedure,
Paperwork Reduction Act (PRA) (44
Although the lack of toxicity supports U.S.C. 3501 et seq.), nor does it require Agricultural commodities, Pesticides
a safety finding for an exemption from any special considerations under and pests, Reporting and recordkeeping
the requirement of tolerance for all Executive Order 12898, entitled requirements.
crops, EPA is establishing tolerances for ‘‘Federal Actions to Address Dated: June 30, 2017.
residues resulting from direct Environmental Justice in Minority Richard P. Keigwin, Jr.,
applications to certain commodities Populations and Low-Income Director, Office of Pesticide Programs.
because the petitioner requested them Populations’’ (59 FR 7629, February 16,
for international trade purposes. 1994). Therefore, 40 CFR chapter I is
Tolerances are established for residues Since tolerances and exemptions that amended as follows:
of cyclaniliprole, 3-bromo-N-[2-bromo- are established on the basis of a petition
4-chloro-6-[[(1-cyclopropylethyl) PART 180—[AMENDED]
under FFDCA section 408(d), such as
amino]carbonyl]phenyl]-1-(3-chloro-2- the tolerance in this final rule, do not ■ 1. The authority citation for part 180
pyridinyl)-1H-pyrazole-5-carboxamide, require the issuance of a proposed rule, continues to read as follows:
in or on Pome Fruit (Crop Group 11–10) the requirements of the Regulatory
at 0.30 parts per million (ppm); Nut, tree Authority: 21 U.S.C. 321(q), 346a and 371.
Flexibility Act (RFA) (5 U.S.C. 601 et
(Crop Group 14–12) at 0.03 ppm; Stone seq.), do not apply. ■ 2. Add § 180.694 to subpart C to read
Fruit (Crop Group 12–12) at 1.0 ppm; This action directly regulates growers, as follows:
Fruiting Vegetables (Crop Group 8–10) food processors, food handlers, and food
at 0.20 ppm; Cucurbit Vegetables, (Crop § 180.694 Cyclaniliprole; tolerances for
retailers, not States or tribes, nor does
residues.
Group 9) at 0.15 ppm; Small Fruit Vine this action alter the relationships or
Climbing Subgroup except Fuzzy distribution of power and (a) General. Tolerances are
Kiwifruit (Crop Group 13–07F) at 0.80 responsibilities established by Congress established for residues of the
ppm; Vegetable, leafy, group 4–16 at 15 in the preemption provisions of FFDCA insecticide cyclaniliprole, including its
ppm; Vegetable, Brassica, head and section 408(n)(4). As such, the Agency metabolites and degradates, in or on the
stem, group 5–16 at 1.0 ppm; Milk at has determined that this action will not commodities in the table below.
0.015 ppm; tea, dried leaves at 50 ppm; have a substantial direct effect on States Compliance with the tolerance levels
Almond, hulls at 6.0 ppm; Apple, wet or tribal governments, on the specified below is to be determined by
pomace at 0.50 ppm; cattle, goat, horse, relationship between the national measuring only cyclaniliprole, 3-bromo-
and sheep fat at 0.015 ppm; cattle, goat, government and the States or tribal N-[2-bromo-4-chloro-6-[[(1-
horse, and sheep meat at 0.01 ppm; and governments, or on the distribution of cyclopropylethyl)amino]carbonyl]
cattle, goat, horse, and sheep meat power and responsibilities among the phenyl]-1-(3-chloro-2-pyridinyl)-1H-
byproducts at 0.015 ppm. various levels of government or between pyrazole-5-carboxamide, in or on the
Additionally, an exemption from the the Federal Government and Indian commodity.
requirement of a tolerance is established tribes. Thus, the Agency has determined
for indirect or inadvertent residues of that Executive Order 13132, entitled Parts
Commodity per million
cyclaniliprole, 3-bromo-N-[2-bromo-4- ‘‘Federalism’’ (64 FR 43255, August 10,
chloro-6-[[(1-cyclopropylethyl) 1999) and Executive Order 13175, Almond, hulls ........................ 6.0
amino]carbonyl]phenyl]-1-(3-chloro-2- entitled ‘‘Consultation and Coordination Apple, wet pomace ............... 0.50
pyridinyl)-1H-pyrazole-5-carboxamide, with Indian Tribal Governments’’ (65 FR Cattle, fat .............................. 0.015
in or on all raw agricultural 67249, November 9, 2000) do not apply Cattle, meat .......................... 0.01
commodities, except for those to this action. In addition, this action Cattle, meat byproducts ....... 0.015
commodities with tolerances Fruit, pome, group 11–10 ..... 0.30
does not impose any enforceable duty or
Fruit, small vine climbing, ex-
established. contain any unfunded mandate as cept fuzzy kiwifruit, sub-
VI. Statutory and Executive Order described under Title II of the Unfunded group 13–07F .................... 0.80
Reviews Mandates Reform Act (UMRA) (2 U.S.C. Fruit, stone, group 12–12 ..... 1.0
1501 et seq.). Goat, fat ................................ 0.015
This action establishes tolerances This action does not involve any Goat, meat ............................ 0.01
under FFDCA section 408(d) in technical standards that would require Goat, meat byproducts ......... 0.015
response to a petition submitted to the Agency consideration of voluntary Horse, fat .............................. 0.015
Agency. The Office of Management and consensus standards pursuant to section Horse, meat .......................... 0.01
Budget (OMB) has exempted these types Horse, meat byproducts ....... 0.015
12(d) of the National Technology
of actions from review under Executive Milk ....................................... 0.015
Transfer and Advancement Act Nut, tree, group 14–12 ......... 0.03
Order 12866, entitled ‘‘Regulatory (NTTAA) (15 U.S.C. 272 note). Sheep, fat ............................. 0.015
Planning and Review’’ (58 FR 51735, Sheep, meat ......................... 0.01
October 4, 1993). Because this action VII. Congressional Review Act
Sheep, meat byproducts ...... 0.015
has been exempted from review under Pursuant to the Congressional Review Tea, dried 1 ........................... 50
pmangrum on DSK3GDR082PROD with RULES
Executive Order 12866, this action is Act (5 U.S.C. 801 et seq.), EPA will Vegetable, Brassica, head
not subject to Executive Order 13211, submit a report containing this rule and and stem, group 5–16 ....... 1.0
entitled ‘‘Actions Concerning other required information to the U.S. Vegetable, cucurbit, group 9 0.15
Regulations That Significantly Affect Senate, the U.S. House of Vegetable, fruiting, group 8–
Energy Supply, Distribution, or Use’’ (66 Representatives, and the Comptroller 10 ...................................... 0.20
Vegetable, leafy, group 4–16 15
FR 28355, May 22, 2001) or Executive General of the United States prior to
Order 13045, entitled ‘‘Protection of publication of the rule in the Federal 1 There are no U.S. registrations for Tea.
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![Federal Register / Vol. 82, No. 148 / Thursday, August 3, 2017 / Rules and Regulations 36095
(b) Section 18 emergency exemptions. ADDRESSES: Contact information for the SUPPLEMENTARY INFORMATION:
[Reserved] EPA Headquarters:
• Docket Coordinator, Headquarters; Table of Contents
(c) Tolerances with regional
registrations. [Reserved] U.S. Environmental Protection Agency; I. Background
(d) Indirect or inadvertent residues. CERCLA Docket Office; 1301 A. What are CERCLA and SARA?
[Reserved] Constitution Avenue NW.; William B. What is the NCP?
Jefferson Clinton Building West, Room C. What is the National Priorities List
■ 3. Add § 180.1344 to subpart D to read
(NPL)?
as follows: 3334, Washington, DC 20004, 202/566– D. How are sites listed on the NPL?
0276. E. What happens to sites on the NPL?
§ 180.1344 Cyclaniliprole; exemption from The contact information for the F. Does the NPL define the boundaries of
the requirement of a tolerance. regional dockets is as follows: sites?
An exemption from the requirement • Holly Inglis, Region 1 (CT, ME, MA, G. How are sites removed from the NPL?
of a tolerance is established for indirect NH, RI, VT), U.S. EPA, Superfund H. May the EPA delete portions of sites
and inadvertent residues of the Records and Information Center, 5 Post from the NPL as they are cleaned up?
insecticide cyclaniliprole, including its Office Square, Suite 100, Boston, MA I. What is the Construction Completion List
metabolites and degradates, in or on all 02109–3912; 617/918–1413. (CCL)?
raw agricultural commodities not listed • Ildefonso Acosta, Region 2 (NJ, NY, J. What is the Sitewide Ready for
Anticipated Use measure?
in paragraph (a) of § 180.694, when PR, VI), U.S. EPA, 290 Broadway, New K. What is state/tribal correspondence
residues are present therein as a result York, NY 10007–1866; 212/637–4344. concerning NPL Listing?
of subsequent uptake by crops rotated • Lorie Baker (ASRC), Region 3 (DE, II. Availability of Information to the Public
into fields where the crops in § 180.694 DC, MD, PA, VA, WV), U.S. EPA, A. May I review the documents relevant to
(a) were treated with cyclaniliprole. Library, 1650 Arch Street, Mailcode this final rule?
[FR Doc. 2017–16375 Filed 8–2–17; 8:45 am] 3HS12, Philadelphia, PA 19103; 215/ B. What documents are available for review
814–3355. at the EPA Headquarters docket?
BILLING CODE 6560–50–P
• Cathy Amoroso, Region 4 (AL, FL, C. What documents are available for review
GA, KY, MS, NC, SC, TN), U.S. EPA, 61 at the EPA regional dockets?
Forsyth Street SW., Mailcode 9T25, D. How do I access the documents?
ENVIRONMENTAL PROTECTION E. How may I obtain a current list of NPL
AGENCY Atlanta, GA 30303; 404/562–8637. sites?
• Todd Quesada, Region 5 (IL, IN, MI, III. Contents of This Final Rule
40 CFR Part 300 MN, OH, WI), U.S. EPA Superfund A. Additions to the NPL
Division Librarian/SFD Records B. What did the EPA do with the public
[EPA–HQ–OLEM–2016–0428, 0430, 0432, Manager SRC–7J, Metcalfe Federal comments it received?
0434, 0435, 0436 and 0437; FRL–9965–31–
OLEM]
Building, 77 West Jackson Boulevard, IV. Statutory and Executive Order Reviews
Chicago, IL 60604; 312/886–4465. A. Executive Order 12866: Regulatory
National Priorities List • Brenda Cook, Region 6 (AR, LA, Planning and Review and Executive
NM, OK, TX), U.S. EPA, 1445 Ross Order 13563: Improving Regulation and
AGENCY: Environmental Protection Avenue, Suite 1200, Mailcode 6SFTS, Regulatory Review
Agency (EPA). B. Paperwork Reduction Act (PRA)
Dallas, TX 75202–2733; 214/665–7436. C. Regulatory Flexibility Act (RFA)
ACTION: Final rule. • Kumud Pyakuryal, Region 7 (IA, D. Unfunded Mandates Reform Act
KS, MO, NE), U.S. EPA, 11201 Renner (UMRA)
SUMMARY: The Comprehensive Blvd., Mailcode SUPRSTAR, Lenexa, KS E. Executive Order 13132: Federalism
Environmental Response, 66219; 913/551–7956. F. Executive Order 13175: Consultation
Compensation, and Liability Act of 1980 • Victor Ketellapper, Region 8 (CO, and Coordination With Indian Tribal
(‘‘CERCLA’’ or ‘‘the Act’’), as amended, MT, ND, SD, UT, WY), U.S. EPA, 1595 Governments
requires that the National Oil and Wynkoop Street, Mailcode 8EPR–B, G. Executive Order 13045: Protection of
Hazardous Substances Pollution Denver, CO 80202–1129; 303/312–6578. Children From Environmental Health
Contingency Plan (‘‘NCP’’) include a list • Sharon Murray, Region 9 (AZ, CA, and Safety Risks
of national priorities among the known HI, NV, AS, GU, MP), U.S. EPA, 75 H. Executive Order 13211: Actions That
releases or threatened releases of Significantly Affect Energy Supply,
Hawthorne Street, Mailcode SFD 6–1, Distribution, or Use
hazardous substances, pollutants or San Francisco, CA 94105; 415/947– I. National Technology Transfer and
contaminants throughout the United 4250. Advancement Act (NTTAA)
States. The National Priorities List • Ken Marcy, Region 10 (AK, ID, OR, J. Executive Order 12898: Federal Actions
(‘‘NPL’’) constitutes this list. The NPL is WA), U.S. EPA, 1200 6th Avenue, to Address Environmental Justice in
intended primarily to guide the Mailcode ECL–112, Seattle, WA 98101; Minority Populations and Low-Income
Environmental Protection Agency (‘‘the 206/463–1349. Populations
EPA’’ or ‘‘the agency’’) in determining FOR FURTHER INFORMATION CONTACT: K. Congressional Review Act
which sites warrant further Terry Jeng, phone: (703) 603–8852, I. Background
investigation. These further email: jeng.terry@epa.gov. Site
investigations will allow the EPA to Assessment and Remedy Decisions A. What are CERCLA and SARA?
assess the nature and extent of public Branch, Assessment and Remediation In 1980, Congress enacted the
health and environmental risks Division, Office of Superfund Comprehensive Environmental
associated with the site and to Remediation and Technology Response, Compensation, and Liability
pmangrum on DSK3GDR082PROD with RULES
determine what CERCLA-financed Innovation (Mailcode 5204P), U.S. Act, 42 U.S.C. 9601–9675 (‘‘CERCLA’’ or
remedial action(s), if any, may be Environmental Protection Agency; 1200 ‘‘the Act’’), in response to the dangers of
appropriate. This rule adds seven sites Pennsylvania Avenue NW., Washington, uncontrolled releases or threatened
to the General Superfund section of the DC 20460; or the Superfund Hotline, releases of hazardous substances, and
NPL. phone (800) 424–9346 or (703) 412– releases or substantial threats of releases
DATES: The document is effective on 9810 in the Washington, DC, into the environment of any pollutant or
September 5, 2017. metropolitan area. contaminant that may present an
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Document Created: 2017-08-03 07:24:58
Document Modified: 2017-08-03 07:24:58
| 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 August 3, 2017. Objections and requests for hearings must be received on or before October 2, 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, 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 36090 | |
| CFR Associated | Environmental Protection; Administrative Practice and Procedure; Agricultural Commodities; Pesticides and Pests and Reporting and Recordkeeping Requirements |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR