82_FR_57380 82 FR 57149 - Extension of Tolerances for Emergency Exemptions (Multiple Chemicals)

82 FR 57149 - Extension of Tolerances for Emergency Exemptions (Multiple Chemicals)

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 231 (December 4, 2017)

Page Range57149-57151
FR Document2017-25826

This regulation extends time-limited tolerances for the pesticides listed in this document. These actions are in response to EPA's granting of emergency exemptions under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) authorizing use of these pesticides. In addition, the Federal Food, Drug, and Cosmetic Act (FFDCA) requires EPA to establish a time-limited tolerance or exemption from the requirement for a tolerance for pesticide chemical residues in food that will result from the use of a pesticide under an emergency exemption granted by EPA.

Federal Register, Volume 82 Issue 231 (Monday, December 4, 2017)
[Federal Register Volume 82, Number 231 (Monday, December 4, 2017)]
[Rules and Regulations]
[Pages 57149-57151]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-25826]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2017-0563; FRL-9969-16]


Extension of Tolerances for Emergency Exemptions (Multiple 
Chemicals)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: This regulation extends time-limited tolerances for the 
pesticides listed in this document. These actions are in response to 
EPA's granting of emergency exemptions under the Federal Insecticide, 
Fungicide, and Rodenticide Act (FIFRA) authorizing use of these 
pesticides. In addition, the Federal Food, Drug, and Cosmetic Act 
(FFDCA) requires EPA to establish a time-limited tolerance or exemption 
from the requirement for a tolerance for pesticide chemical residues in 
food that will result from the use of a pesticide under an emergency 
exemption granted by EPA.

DATES: This regulation is effective December 4, 2017. Objections and 
requests for hearings must be received on or before February 2, 2018, 
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-2017-0563, is available at 
https://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 https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Michael L. Goodis, Registration 
Division (7505P), Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-
0001; main telephone number: (703) 305-7090; email address: 
[email protected].

SUPPLEMENTARY INFORMATION:

[[Page 57150]]

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 40 CFR 
part 180 through the Government Printing Office's e-CFR site at https://www.ecfr.gov/cgi-bin/text-idx?&c=ecfr&tpl=/ecfrbrowse/Title40/40tab_02.tpl. To access the OCSPP test guidelines referenced in this 
document electronically, please go to https://www.epa.gov/aboutepa/about-office-chemical-safety-and-pollution-prevention-ocspp and select 
``Test Guidelines for Pesticides and Toxic Substances.''

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-2017-0563 in the subject line on the first 
page of your submission. All requests must be in writing, and must be 
received by the Hearing Clerk on or before February 2, 2018. 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-2017-0563, by one of 
the following methods:
     Federal eRulemaking Portal: https://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 https://www.epa.gov/dockets/where-send-comments-epa-dockets.
    Additional instructions on commenting or visiting the docket, along 
with more information about dockets generally, is available at https://www.epa.gov/dockets.

II. Background and Statutory Findings

    EPA previously published final rules in the Federal Register for 
each chemical and commodity listed, establishing time-limited 
tolerances under FFDCA section 408, 21 U.S.C. 346a.
    EPA established the tolerances because FFDCA section 408(l)(6) 
requires EPA to establish a time-limited tolerance or exemption from 
the requirement for a tolerance for pesticide chemical residues in food 
that will result from the use of a pesticide under an emergency 
exemption granted by EPA under FIFRA section 18. Such tolerances can be 
established on EPA's own initiative and without providing notice or 
time for public comment.
    EPA received requests to extend the emergency use of these 
chemicals for this year's growing season. After having reviewed these 
submissions, EPA concurs that emergency conditions exist. EPA assessed 
the potential risks presented by residues for each chemical in the 
listed commodities. In doing so, EPA considered the safety standard in 
FFDCA section 408(b)(2), and decided that the necessary tolerance under 
FFDCA section 408(l)(6) would be consistent with the safety standard 
and with FIFRA section 18.
    The data and other relevant material have been evaluated and 
discussed in the final rules originally published to support these 
uses. Based on that data and information considered, the Agency 
reaffirms that extension of these time-limited tolerances will continue 
to meet the requirements of FFDCA section 408(l)(6). Therefore, the 
time-limited tolerances are extended until the date listed. EPA will 
publish a document in the Federal Register to remove the revoked 
tolerances from the Code of Federal Regulations (CFR). Although these 
tolerances will expire and are revoked on the date listed, under FFDCA 
section 408(l)(5), residues of the pesticide not in excess of the 
amounts specified in the tolerance remaining in or on the commodity 
after that date will not be unlawful, provided the residue is present 
as a result of an application or use of a pesticide at a time and in a 
manner that was lawful under FIFRA, the tolerance was in effect at the 
time of the application, and the residue does not exceed the level that 
was authorized by the tolerance. EPA will take action to revoke these 
tolerances earlier if any experience with, scientific data on, or other 
relevant information on this pesticide indicate that the residues are 
not safe.
    Tolerances for the use of the following pesticide chemicals on 
specific commodities are being extended:
    A. Clothianidin. EPA has authorized under FIFRA section 18 the use 
of clothianidin on citrus for control of the Asian citrus psyllid in 
Florida and Texas. This regulation extends a time-limited tolerance for 
residues of the insecticide clothianidin and its metabolites in or on 
Fruit, citrus, group 10-10 at 0.07 ppm for an additional 3-year period. 
This tolerance will expire and is revoked on December 31, 2020. A time-
limited tolerance was originally published in the Federal Register of 
February 25, 2015 (80 FR 10003) (FRL-9919-59).
    B. Sulfoxaflor. EPA has authorized under FIFRA section 18 the use 
of sulfoxaflor on sorghum for control of the sugarcane aphid in several 
states. This regulation extends time-limited tolerances for residues of 
the insecticide sulfoxaflor and its metabolites in or on sorghum, 
forage at 0.4 ppm; sorghum, grain at 0.3 ppm; and sorghum, stover at 
0.9 ppm for an additional 3-year period. The tolerances will expire and 
are revoked on December 31, 2020. Time-limited tolerances were 
originally published in the Federal Register of January 28, 2015 (80 FR 
4512) (FRL-9920-45).

III. 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

[[Page 57151]]

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 established MRLs for clothianidin in/on citrus fruits 
at 0.07 ppm. These MRLs are the same as the tolerance established for 
clothianidin in/on fruit, citrus, group 10-10 in the United States. The 
Codex has not established any MRLs for sulfoxaflor in/on sorghum 
commodities.

IV. Statutory and Executive Order Reviews

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

V. Congressional Review Act

    Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.), 
EPA has submitted 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: October 20, 2017.
Michael L. Goodis,

Director, Registration Division, Office of Pesticide Programs.
    Therefore, 40 CFR chapter I is amended as follows:

PART 180--[AMENDED]

0
1. The authority citation for part 180 continues to read as follows:

    Authority: 21 U.S.C. 321(q), 346a and 371.

0
2. In Sec.  180.586, revise the table in paragraph (b) to read as 
follows:


Sec.  180.586  Clothianidin; tolerances for residues.

* * * * *
    (b) * * *

------------------------------------------------------------------------
                                                             Expiration/
                   Commodity                     Parts per    revocation
                                                  million        date
------------------------------------------------------------------------
Fruit, citrus, group 10-10....................        0.07     12/31/20
------------------------------------------------------------------------


0
3. In Sec.  180.668, revise the table in paragraph (b) to read as 
follows:


Sec.  180. 668  Sulfoxaflor; tolerances for residues.

* * * * *
    (b) * * *

------------------------------------------------------------------------
                                                             Expiration/
                   Commodity                      Parts per   revocation
                                                   million       date
------------------------------------------------------------------------
Sorghum, forage................................         0.4     12/31/20
Sorghum, grain.................................         0.3     12/31/20
Sorghum, stover................................         0.9     12/31/20
------------------------------------------------------------------------

* * * * *

[FR Doc. 2017-25826 Filed 12-1-17; 8:45 am]
 BILLING CODE 6560-50-P



                                                              Federal Register / Vol. 82, No. 231 / Monday, December 4, 2017 / Rules and Regulations                                           57149

                                             caneberry subgroup 13–07A at 0.08                       with Indian Tribal Governments’’ (65 FR               ENVIRONMENTAL PROTECTION
                                             ppm.                                                    67249, November 9, 2000) do not apply                 AGENCY
                                                                                                     to this action. In addition, this action
                                             VI. Statutory and Executive Order                                                                             40 CFR Part 180
                                                                                                     does not impose any enforceable duty or
                                             Reviews
                                                                                                     contain any unfunded mandate as
                                                This action establishes tolerances                   described under Title II of the Unfunded              [EPA–HQ–OPP–2017–0563; FRL–9969–16]
                                             under FFDCA section 408(d) in                           Mandates Reform Act (UMRA) (2 U.S.C.
                                             response to a petition submitted to the                 1501 et seq.).                                        Extension of Tolerances for
                                             Agency. The Office of Management and                      This action does not involve any                    Emergency Exemptions (Multiple
                                             Budget (OMB) has exempted these types                   technical standards that would require                Chemicals)
                                             of actions from review under Executive                  Agency consideration of voluntary
                                             Order 12866, entitled ‘‘Regulatory                      consensus standards pursuant to section               AGENCY:  Environmental Protection
                                             Planning and Review’’ (58 FR 51735,                     12(d) of the National Technology                      Agency (EPA).
                                             October 4, 1993). Because this action                   Transfer and Advancement Act                          ACTION: Final rule.
                                             has been exempted from review under                     (NTTAA) (15 U.S.C. 272 note).
                                             Executive Order 12866, this action is                                                                         SUMMARY:        This regulation extends time-
                                             not subject to Executive Order 13211,                   VII. Congressional Review Act                             limited tolerances for the pesticides
                                             entitled ‘‘Actions Concerning                             Pursuant to the Congressional Review                    listed in this document. These actions
                                             Regulations That Significantly Affect                   Act (5 U.S.C. 801 et seq.), EPA will                      are in response to EPA’s granting of
                                             Energy Supply, Distribution, or Use’’ (66               submit a report containing this rule and                  emergency exemptions under the
                                             FR 28355, May 22, 2001); Executive                      other required information to the U.S.                    Federal Insecticide, Fungicide, and
                                             Order 13045, entitled ‘‘Protection of                   Senate, the U.S. House of                                 Rodenticide Act (FIFRA) authorizing
                                             Children from Environmental Health                      Representatives, and the Comptroller                      use of these pesticides. In addition, the
                                             Risks and Safety Risks’’ (62 FR 19885,                  General of the United States prior to                     Federal Food, Drug, and Cosmetic Act
                                             April 23, 1997); or Executive Order                     publication of the rule in the Federal                    (FFDCA) requires EPA to establish a
                                             13771, entitled ‘‘Reducing Regulations                  Register. This action is not a ‘‘major                    time-limited tolerance or exemption
                                             and Controlling Regulatory Costs’’ (82                  rule’’ as defined by 5 U.S.C. 804(2).                     from the requirement for a tolerance for
                                             FR 9339, February 3, 2017). This action                                                                           pesticide chemical residues in food that
                                                                                                     List of Subjects in 40 CFR Part 180                       will result from the use of a pesticide
                                             does not contain any information
                                             collections subject to OMB approval                        Environmental protection,                              under an emergency exemption granted
                                             under the Paperwork Reduction Act                       Administrative practice and procedure,                    by EPA.
                                             (PRA) (44 U.S.C. 3501 et seq.), nor does                Agricultural commodities, Pesticides                      DATES: This regulation is effective
                                             it require any special considerations                   and pests, Reporting and recordkeeping December 4, 2017. Objections and
                                             under Executive Order 12898, entitled                   requirements.                                             requests for hearings must be received
                                             ‘‘Federal Actions to Address                               Dated: November 15, 2017.                              on or before February 2, 2018, and must
                                             Environmental Justice in Minority                       Michael L. Goodis,                                        be filed in accordance with the
                                             Populations and Low-Income                              Director, Registration Division, Office of                instructions provided in 40 CFR part
                                             Populations’’ (59 FR 7629, February 16,                 Pesticide Programs.                                       178 (see also Unit I.C. of the
                                             1994).                                                                                                            SUPPLEMENTARY INFORMATION).
                                                                                                        Therefore, 40 CFR chapter I is
                                                Since tolerances and exemptions that                                                                           ADDRESSES: The docket for this action,
                                                                                                     amended as follows:
                                             are established on the basis of a petition                                                                        identified by docket identification (ID)
                                             under FFDCA section 408(d), such as                     PART 180—[AMENDED]                                        number EPA–HQ–OPP–2017–0563, is
                                             the tolerance in this final rule, do not
                                                                                                                                                               available at https://www.regulations.gov
                                             require the issuance of a proposed rule,                ■ 1. The authority citation for part 180
                                                                                                                                                               or at the Office of Pesticide Programs
                                             the requirements of the Regulatory                      continues to read as follows:                             Regulatory Public Docket (OPP Docket)
                                             Flexibility Act (RFA) (5 U.S.C. 601 et                     Authority: 21 U.S.C. 321(q), 346a and 371.             in the Environmental Protection Agency
                                             seq.), do not apply.
                                                This action directly regulates growers,              ■ 2. In § 180.463, add alphabetically the                 Docket Center (EPA/DC), West William
                                             food processors, food handlers, and food                commodities ‘‘Asparagus’’; ‘‘Bushberry, Jefferson Clinton Bldg., Rm. 3334, 1301
                                             retailers, not States or tribes, nor does               subgroup 13–07B’’; and ‘‘Caneberry                        Constitution Ave. NW., Washington, DC
                                             this action alter the relationships or                  subgroup 13–07A’’ to the table in                         20460–0001. The Public Reading Room
                                             distribution of power and                               paragraph (a)(1) to read as follows:                      is open from 8:30 a.m. to 4:30 p.m.,
                                             responsibilities established by Congress                                                                          Monday through Friday, excluding legal
                                                                                                     § 180.463 Quinclorac; tolerances for                      holidays. The telephone number for the
                                             in the preemption provisions of FFDCA                   residues.
                                             section 408(n)(4). As such, the Agency                                                                            Public Reading Room is (202) 566–1744,
                                                                                                        (a)(1) * * *                                           and the telephone number for the OPP
                                             has determined that this action will not
                                             have a substantial direct effect on States                                                                        Docket is (703) 305–5805. Please review
                                                                                                                                                   Parts per   the visitor instructions and additional
                                             or tribal governments, on the                                       Commodity                          million
                                             relationship between the national                                                                                 information about the docket available
                                             government and the States or tribal                     Asparagus ...................................        0.08 at https://www.epa.gov/dockets.
                                             governments, or on the distribution of                                                                            FOR FURTHER INFORMATION CONTACT:
                                                                                                         *         *             *               *        *    Michael L. Goodis, Registration Division
                                             power and responsibilities among the                    Bushberry, subgroup 13–07B .....                     0.08 (7505P), Office of Pesticide Programs,
                                             various levels of government or between
ethrower on DSK3G9T082PROD with RULES




                                                                                                     Caneberry subgroup 13–07A .....                      0.08
                                             the Federal Government and Indian                                                                                 Environmental Protection Agency, 1200
                                             tribes. Thus, the Agency has determined                     *         *             *               *        *    Pennsylvania Ave. NW., Washington,
                                             that Executive Order 13132, entitled                                                                              DC 20460–0001; main telephone
                                             ‘‘Federalism’’ (64 FR 43255, August 10,                 *      *     *        *         *                         number: (703) 305–7090; email address:
                                             1999) and Executive Order 13175,                        [FR Doc. 2017–26078 Filed 12–1–17; 8:45 am]               RDFRNotices@epa.gov.
                                             entitled ‘‘Consultation and Coordination                BILLING CODE 6560–50–P                                    SUPPLEMENTARY INFORMATION:



                                        VerDate Sep<11>2014   17:52 Dec 01, 2017   Jkt 244001   PO 00000   Frm 00045   Fmt 4700   Sfmt 4700   E:\FR\FM\04DER1.SGM   04DER1


                                             57150            Federal Register / Vol. 82, No. 231 / Monday, December 4, 2017 / Rules and Regulations

                                             I. General Information                                  objection or hearing request, identified              tolerances are extended until the date
                                                                                                     by docket ID number EPA–HQ–OPP–                       listed. EPA will publish a document in
                                             A. Does this action apply to me?
                                                                                                     2017–0563, by one of the following                    the Federal Register to remove the
                                                You may be potentially affected by                   methods:                                              revoked tolerances from the Code of
                                             this action if you are an agricultural                    • Federal eRulemaking Portal:                       Federal Regulations (CFR). Although
                                             producer, food manufacturer, or                         https://www.regulations.gov. Follow the               these tolerances will expire and are
                                             pesticide manufacturer. The following                   online instructions for submitting                    revoked on the date listed, under
                                             list of North American Industrial                       comments. Do not submit electronically                FFDCA section 408(l)(5), residues of the
                                             Classification System (NAICS) codes is                  any information you consider to be CBI                pesticide not in excess of the amounts
                                             not intended to be exhaustive, but rather               or other information whose disclosure is              specified in the tolerance remaining in
                                             provides a guide to help readers                        restricted by statute.                                or on the commodity after that date will
                                             determine whether this document                           • Mail: OPP Docket, Environmental                   not be unlawful, provided the residue is
                                             applies to them. Potentially affected                   Protection Agency Docket Center (EPA/                 present as a result of an application or
                                             entities may include:                                   DC), (28221T), 1200 Pennsylvania Ave.                 use of a pesticide at a time and in a
                                                • Crop production (NAICS code 111).                  NW., Washington, DC 20460–0001.                       manner that was lawful under FIFRA,
                                                • Animal production (NAICS code                        • Hand Delivery: To make special                    the tolerance was in effect at the time of
                                             112).                                                   arrangements for hand delivery or                     the application, and the residue does
                                                • Food manufacturing (NAICS code                     delivery of boxed information, please                 not exceed the level that was authorized
                                             311).                                                   follow the instructions at https://                   by the tolerance. EPA will take action to
                                                • Pesticide manufacturing (NAICS                     www.epa.gov/dockets/where-send-                       revoke these tolerances earlier if any
                                             code 32532).                                            comments-epa-dockets.                                 experience with, scientific data on, or
                                             B. How can I get electronic access to                     Additional instructions on                          other relevant information on this
                                             other related information?                              commenting or visiting the docket,                    pesticide indicate that the residues are
                                                                                                     along with more information about                     not safe.
                                               You may access a frequently updated                   dockets generally, is available at https://              Tolerances for the use of the following
                                             electronic version of 40 CFR part 180                   www.epa.gov/dockets.                                  pesticide chemicals on specific
                                             through the Government Printing                                                                               commodities are being extended:
                                             Office’s e-CFR site at https://www.ecfr.                II. Background and Statutory Findings
                                                                                                                                                              A. Clothianidin. EPA has authorized
                                             gov/cgi-bin/text-idx?&c=ecfr&tpl=/                         EPA previously published final rules               under FIFRA section 18 the use of
                                             ecfrbrowse/Title40/40tab_02.tpl. To                     in the Federal Register for each                      clothianidin on citrus for control of the
                                             access the OCSPP test guidelines                        chemical and commodity listed,                        Asian citrus psyllid in Florida and
                                             referenced in this document                             establishing time-limited tolerances                  Texas. This regulation extends a time-
                                             electronically, please go to https://                   under FFDCA section 408, 21 U.S.C.                    limited tolerance for residues of the
                                             www.epa.gov/aboutepa/about-office-                      346a.                                                 insecticide clothianidin and its
                                             chemical-safety-and-pollution-                             EPA established the tolerances                     metabolites in or on Fruit, citrus, group
                                             prevention-ocspp and select ‘‘Test                      because FFDCA section 408(l)(6)                       10–10 at 0.07 ppm for an additional 3-
                                             Guidelines for Pesticides and Toxic                     requires EPA to establish a time-limited              year period. This tolerance will expire
                                             Substances.’’                                           tolerance or exemption from the                       and is revoked on December 31, 2020.
                                                                                                     requirement for a tolerance for pesticide             A time-limited tolerance was originally
                                             C. How can I file an objection or hearing               chemical residues in food that will                   published in the Federal Register of
                                             request?                                                result from the use of a pesticide under              February 25, 2015 (80 FR 10003) (FRL–
                                               Under FFDCA section 408(g), 21                        an emergency exemption granted by                     9919–59).
                                             U.S.C. 346a, any person may file an                     EPA under FIFRA section 18. Such                         B. Sulfoxaflor. EPA has authorized
                                             objection to any aspect of this regulation              tolerances can be established on EPA’s                under FIFRA section 18 the use of
                                             and may also request a hearing on those                 own initiative and without providing                  sulfoxaflor on sorghum for control of the
                                             objections. You must file your objection                notice or time for public comment.                    sugarcane aphid in several states. This
                                             or request a hearing on this regulation                    EPA received requests to extend the                regulation extends time-limited
                                             in accordance with the instructions                     emergency use of these chemicals for                  tolerances for residues of the insecticide
                                             provided in 40 CFR part 178. To ensure                  this year’s growing season. After having              sulfoxaflor and its metabolites in or on
                                             proper receipt by EPA, you must                         reviewed these submissions, EPA                       sorghum, forage at 0.4 ppm; sorghum,
                                             identify docket ID number EPA–HQ–                       concurs that emergency conditions                     grain at 0.3 ppm; and sorghum, stover
                                             OPP–2017–0563 in the subject line on                    exist. EPA assessed the potential risks               at 0.9 ppm for an additional 3-year
                                             the first page of your submission. All                  presented by residues for each chemical               period. The tolerances will expire and
                                             requests must be in writing, and must be                in the listed commodities. In doing so,               are revoked on December 31, 2020.
                                             received by the Hearing Clerk on or                     EPA considered the safety standard in                 Time-limited tolerances were originally
                                             before February 2, 2018. Addresses for                  FFDCA section 408(b)(2), and decided                  published in the Federal Register of
                                             mail and hand delivery of objections                    that the necessary tolerance under                    January 28, 2015 (80 FR 4512) (FRL–
                                             and hearing requests are provided in 40                 FFDCA section 408(l)(6) would be                      9920–45).
                                             CFR 178.25(b).                                          consistent with the safety standard and
                                               In addition to filing an objection or                 with FIFRA section 18.                                III. International Residue Limits
                                             hearing request with the Hearing Clerk                     The data and other relevant material                  In making its tolerance decisions, EPA
                                             as described in 40 CFR part 178, please                 have been evaluated and discussed in                  seeks to harmonize U.S. tolerances with
                                             submit a copy of the filing (excluding                  the final rules originally published to               international standards whenever
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                                             any Confidential Business Information                   support these uses. Based on that data                possible, consistent with U.S. food
                                             (CBI)) for inclusion in the public docket.              and information considered, the Agency                safety standards and agricultural
                                             Information not marked confidential                     reaffirms that extension of these time-               practices. EPA considers the
                                             pursuant to 40 CFR part 2 may be                        limited tolerances will continue to meet              international maximum residue limits
                                             disclosed publicly by EPA without prior                 the requirements of FFDCA section                     (MRLs) established by the Codex
                                             notice. Submit the non-CBI copy of your                 408(l)(6). Therefore, the time-limited                Alimentarius Commission (Codex), as


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                                                              Federal Register / Vol. 82, No. 231 / Monday, December 4, 2017 / Rules and Regulations                                                   57151

                                             required by FFDCA section 408(b)(4).                    responsibilities established by Congress              § 180.586 Clothianidin; tolerances for
                                             The Codex Alimentarius is a joint                       in the preemption provisions of FFDCA                 residues.
                                             United Nations Food and Agriculture                     section 408(n)(4). As such, the Agency                *       *    *         *     *
                                             Organization/World Health                               has determined that this action will not                  (b) * * *
                                             Organization food standards program,                    have a substantial direct effect on States
                                             and it is recognized as an international                or tribal governments, on the                                                    Parts per      Expiration/
                                             food safety standards-setting                           relationship between the national                          Commodity                            revocation
                                                                                                                                                                                       million          date
                                             organization in trade agreements to                     government and the States or tribal
                                             which the United States is a party. EPA                 governments, or on the distribution of                Fruit, citrus, group
                                             may establish a tolerance that is                       power and responsibilities among the                    10–10 ................     0.07         12/31/20
                                             different from a Codex MRL; however,                    various levels of government or between
                                             FFDCA section 408(b)(4) requires that                   the Federal Government and Indian                     ■ 3. In § 180.668, revise the table in
                                             EPA explain the reasons for departing                   tribes. Thus, the Agency has determined               paragraph (b) to read as follows:
                                             from the Codex level.                                   that Executive Order 13132, entitled
                                                The Codex has established MRLs for                   ‘‘Federalism’’ (64 FR 43255, August 10,               § 180. 668     Sulfoxaflor; tolerances for
                                             clothianidin in/on citrus fruits at 0.07                1999) and Executive Order 13175,                      residues.
                                             ppm. These MRLs are the same as the                     entitled ‘‘Consultation and Coordination              *       *    *         *     *
                                             tolerance established for clothianidin                  with Indian Tribal Governments’’ (65 FR                   (b) * * *
                                             in/on fruit, citrus, group 10–10 in the                 67249, November 9, 2000) do not apply
                                             United States. The Codex has not                        to this action. In addition, this action                                                        Expiration/
                                                                                                                                                                                      Parts per
                                             established any MRLs for sulfoxaflor in/                does not impose any enforceable duty or                    Commodity              million       revocation
                                             on sorghum commodities.                                                                                                                                    date
                                                                                                     contain any unfunded mandate as
                                             IV. Statutory and Executive Order                       described under Title II of the Unfunded              Sorghum, forage ...                 0.4     12/31/20
                                             Reviews                                                 Mandates Reform Act (UMRA) (2 U.S.C.                  Sorghum, grain .....                0.3     12/31/20
                                                                                                     1501 et seq.).                                        Sorghum, stover ...                 0.9     12/31/20
                                                This action establishes tolerances
                                             under FFDCA section 408(d) in                              This action does not involve any
                                                                                                     technical standards that would require                *        *     *       *     *
                                             response to petitions submitted to the
                                             Agency. The Office of Management and                    Agency consideration of voluntary                     [FR Doc. 2017–25826 Filed 12–1–17; 8:45 am]
                                             Budget (OMB) has exempted these types                   consensus standards pursuant to section               BILLING CODE 6560–50–P
                                             of actions from review under Executive                  12(d) of the National Technology
                                             Order 12866, entitled ‘‘Regulatory                      Transfer and Advancement Act
                                             Planning and Review’’ (58 FR 51735,                     (NTTAA) (15 U.S.C. 272 note).                         ENVIRONMENTAL PROTECTION
                                             October 4, 1993). Because this action                                                                         AGENCY
                                                                                                     V. Congressional Review Act
                                             has been exempted from review under
                                                                                                                                                           40 CFR Part 180
                                             Executive Order 12866, this action is                     Pursuant to the Congressional Review
                                             not subject to Executive Order 13211,                   Act (5 U.S.C. 801 et seq.), EPA has                   [EPA–HQ–OPP–2016–0314; FRL–9969–13]
                                             entitled ‘‘Actions Concerning                           submitted a report containing this rule
                                             Regulations That Significantly Affect                   and other required information to the                 Ethofumesate; Pesticide Tolerances
                                             Energy Supply, Distribution, or Use’’ (66               U.S. Senate, the U.S. House of                        AGENCY:  Environmental Protection
                                             FR 28355, May 22, 2001) or Executive                    Representatives, and the Comptroller                  Agency (EPA).
                                             Order 13045, entitled ‘‘Protection of                   General of the United States prior to
                                             Children from Environmental Health                                                                            ACTION: Final rule.
                                                                                                     publication of the rule in the Federal
                                             Risks and Safety Risks’’ (62 FR 19885,                  Register. This action is not a ‘‘major                SUMMARY:   This regulation establishes
                                             April 23, 1997). This action does not                   rule’’ as defined by 5 U.S.C. 804(2).                 tolerances for residues of ethofumesate
                                             contain any information collections                                                                           in or on beet, sugar, molasses and beet,
                                             subject to OMB approval under the                       List of Subjects in 40 CFR Part 180
                                                                                                                                                           sugar, roots. In addition, this regulation
                                             Paperwork Reduction Act (PRA) (44                                                                             eliminates tolerances for residues of
                                             U.S.C. 3501 et seq.), nor does it require                 Environmental protection,
                                                                                                     Administrative practice and procedure,                ethofumesate that are superseded by the
                                             any special considerations under                                                                              tolerances established by this final rule.
                                             Executive Order 12898, entitled                         Agricultural commodities, Pesticides
                                                                                                     and pests, Reporting and recordkeeping                Interregional Research Project Number 4
                                             ‘‘Federal Actions to Address                                                                                  (IR–4) requested these tolerances under
                                             Environmental Justice in Minority                       requirements.
                                                                                                                                                           the Federal Food, Drug, and Cosmetic
                                             Populations and Low-Income                               Dated: October 20, 2017.                             Act (FFDCA).
                                             Populations’’ (59 FR 7629, February 16,                 Michael L. Goodis,
                                                                                                                                                           DATES: This regulation is effective
                                             1994).
                                                Since tolerances and exemptions that                 Director, Registration Division, Office of            December 4, 2017. Objections and
                                             are established on the basis of a petition              Pesticide Programs.                                   requests for hearings must be received
                                             under FFDCA section 408(d), such as                       Therefore, 40 CFR chapter I is                      on or before February 2, 2018, and must
                                             the tolerances in this final rule, do not               amended as follows:                                   be filed in accordance with the
                                             require the issuance of a proposed rule,                                                                      instructions provided in 40 CFR part
                                             the requirements of the Regulatory                      PART 180—[AMENDED]                                    178 (see also Unit I.C. of the
                                                                                                                                                           SUPPLEMENTARY INFORMATION).
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                                             Flexibility Act (RFA) (5 U.S.C. 601 et
                                             seq.), do not apply.                                    ■ 1. The authority citation for part 180              ADDRESSES: The docket for this action,
                                                This action directly regulates growers,              continues to read as follows:                         identified by docket identification (ID)
                                             food processors, food handlers, and food                                                                      number EPA–HQ–OPP–2016–0314, is
                                                                                                         Authority: 21 U.S.C. 321(q), 346a and 371.
                                             retailers, not States or tribes, nor does                                                                     available at http://www.regulations.gov
                                             this action alter the relationships or                  ■ 2. In § 180.586, revise the table in                or at the Office of Pesticide Programs
                                             distribution of power and                               paragraph (b) to read as follows:                     Regulatory Public Docket (OPP Docket)


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Document Created: 2017-12-02 00:41:18
Document Modified: 2017-12-02 00:41:18
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis regulation is effective December 4, 2017. Objections and requests for hearings must be received on or before February 2, 2018, and must be filed in accordance with the instructions provided in 40 CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).
ContactMichael L. Goodis, Registration Division (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-
FR Citation82 FR 57149 
CFR AssociatedEnvironmental Protection; Administrative Practice and Procedure; Agricultural Commodities; Pesticides and Pests and Reporting and Recordkeeping Requirements

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