83_FR_11471 83 FR 11420 - Trinexapac-ethyl; Pesticide Tolerances

83 FR 11420 - Trinexapac-ethyl; Pesticide Tolerances

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 51 (March 15, 2018)

Page Range11420-11422
FR Document2018-05284

This regulation establishes a tolerance for residues of trinexapac-ethyl in or on poppy, seed. Syngenta Crop Protection, LLC requested this tolerance under the Federal Food, Drug, and Cosmetic Act (FFDCA) in order to cover residues of trinexapac-ethyl in imported poppy seed commodities.

Federal Register, Volume 83 Issue 51 (Thursday, March 15, 2018)
[Federal Register Volume 83, Number 51 (Thursday, March 15, 2018)]
[Rules and Regulations]
[Pages 11420-11422]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-05284]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2016-0365; FRL-9973-20]


Trinexapac-ethyl; Pesticide Tolerances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: This regulation establishes a tolerance for residues of 
trinexapac-ethyl in or on poppy, seed. Syngenta Crop Protection, LLC 
requested this tolerance under the Federal Food, Drug, and Cosmetic Act 
(FFDCA) in order to cover residues of trinexapac-ethyl in imported 
poppy seed commodities.

DATES: This regulation is effective March 15, 2018. Objections and 
requests for hearings must be received on or before May 14, 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-2016-0365, 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: 
RDFRNotices@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an 
agricultural producer, food manufacturer, or pesticide manufacturer. 
The following list of North American Industrial Classification System 
(NAICS) codes is not intended to be exhaustive, but rather provides a 
guide to help readers determine whether this document applies to them. 
Potentially affected entities may include:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).

B. How can I get electronic access to other related information?

    You may access a frequently updated electronic version of EPA's 
tolerance regulations at 40 CFR part 180 through the Government 
Printing Office's e-CFR site at http://www.ecfr.gov/cgi-bin/text-idx?&c=ecfr&tpl=/ecfrbrowse/Title40/40tab_02.tpl.

C. How can I file an objection or hearing request?

    Under FFDCA section 408(g), 21 U.S.C. 346a, any person may file an 
objection to any aspect of this regulation and may also request a 
hearing on those objections. You must file your objection or request a 
hearing on this regulation in accordance with the instructions provided 
in 40 CFR part 178. To ensure proper receipt by EPA, you must identify 
docket ID number EPA-HQ-OPP-2016-0365 in the subject line on the first 
page of your submission. All objections and requests for a hearing must 
be in writing, and must be received by the Hearing Clerk on or before 
May 14, 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-2016-0365, 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 November 30, 2016 (81 FR 86312) (FRL-
9954-06), 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 
6E8462) by Syngenta Crop Protection, LLC., P.O. Box 18300, Greensboro, 
NC 27419. The petition requested that 40 CFR part 180 be amended by 
establishing a tolerance for residues of the herbicide trinexapac-
ethyl, ethyl 4-(cyclopropylhydroxymethylene)-3,5-
dioxocyclohexanecarboxylate expressed as its primary metabolite 
trinexpac, 4-(cyclopropylhydroxymethylene)-3,5-
dioxocyclohexanecarboxylic acid, in or on poppy, seed at 8 parts per 
million (ppm). That document referenced a summary of the petition 
prepared by Syngenta Crop Protection, LLC, the registrant, which is 
available in the docket, http://www.regulations.gov. There were no 
comments received in response to the notice of filing.

III. Aggregate Risk Assessment and Determination of Safety

    Section 408(b)(2)(A)(i) of FFDCA allows EPA to establish a 
tolerance (the legal limit for a pesticide chemical residue in or on a 
food) only if EPA determines that the tolerance is ``safe.'' Section 
408(b)(2)(A)(ii) of FFDCA

[[Page 11421]]

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 trinexapac-ethyl including 
exposure resulting from the tolerances established by this action.
    In the Federal Register of May 20, 2015 (80 FR 28843) (FRL-9926-
62), EPA amended tolerances for herbicide trinexapac-ethyl, ethyl 4-
(cyclopropylhydroxymethylene)-3,5-dioxocyclohexanecarboxylate expressed 
as its primary metabolite trinexpac, 4-(cyclopropylhydroxymethylene)-
3,5-dioxocyclohexanecarboxylic acid in or on several commodities. 
Because the majority of the Agency's conclusions remain the same, EPA 
is incorporating the discussions from the May 20, 2015, Federal 
Register document into this document and relying on the same supporting 
documents. The only difference is the potential to impact dietary 
exposure; because the use on poppy seeds is not approved in the United 
States, there is no impact on drinking water exposures or residential 
exposures.
    The Agency has determined that a new dietary exposure assessment is 
not needed because poppy seed is not a significant part of the diet, 
and residues of trinexapac-ethyl do not concentrate in poppy seed oil. 
Therefore, residues in poppy seed oil are not expected to have an 
impact on the EPA's previous findings. Therefore, EPA relies upon the 
findings made in the May 20, 2015, Federal Register document, as well 
as the review of the poppy seed data in support of this rule. EPA 
concludes that there is a reasonable certainty that no harm will result 
to the general population, or to infants and children from aggregate 
exposure to trinexapac-ethyl residues.
    For a detailed discussion of the aggregate risk assessments and 
determination of safety for these tolerances please refer to the May 
20, 2015, Federal Register document and its supporting documents, 
available at http://www.regulations.gov in document ``Trinexapac-ethyl; 
Pesticide Tolerances'' (80 FR 28843, May 20, 2015) in docket ID number 
EPA-HQ-OPP-2014-0340; FRL-9926-62. Further information about EPA's 
determination that an updated risk assessment was not necessary may be 
found in the document ``Trinexapac-ethyl. Section 3 Registration 
Request for New Uses on Imported Poppy Seeds. Summary of Analytical 
Chemistry and Residue Data'' in docket ID number EPA-HQ-OPP-2016-0365.

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 trinexapac-ethyl.

IV. Conclusion

    Therefore, tolerances are established for residues of trinexapac-
ethyl, ethyl 4-(cyclopropylhydroxymethylene)-3,5-
dioxocyclohexanecarboxylate expressed as its primary metabolite 
trinexpac, 4-(cyclopropylhydroxymethylene)-3,5-
dioxocyclohexanecarboxylic acid, in or on poppy, seed at 8 ppm.

V. Statutory and Executive Order Reviews

    This action establishes a tolerance under FFDCA section 408(d) in 
response to a petition submitted to the Agency. The Office of 
Management and Budget (OMB) has exempted these types of actions from 
review under Executive Order 12866, entitled ``Regulatory Planning and 
Review'' (58 FR 51735, October 4, 1993). Because this action has been 
exempted from review under Executive Order 12866, this action is not 
subject to Executive Order 13211, entitled ``Actions Concerning 
Regulations That Significantly Affect Energy Supply, Distribution, or 
Use'' (66 FR 28355, May 22, 2001); Executive Order 13045, entitled 
``Protection of Children from Environmental Health Risks and Safety 
Risks'' (62 FR 19885, April 23, 1997); or Executive Order 13771, 
entitled ``Reducing Regulations and Controlling Regulatory Costs'' (82 
FR 9339, February 3, 2017). 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

[[Page 11422]]

Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note).

VI. 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: March 7, 2018.
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.  180.662 adding alphabetically the entry for ``Poppy, seed 
imported'' and footnote 1 to the table in paragraph (a) to read as 
follows:


Sec.  180.662  Trinexapac-ethyl; tolerances for residues.

    (a) * * *
---------------------------------------------------------------------------

    \1\ There are no U.S. registrations for Poppy, seed as of March 
15, 2018.

------------------------------------------------------------------------
                                                             Parts per
                        Commodity                             million
------------------------------------------------------------------------
 
                                * * * * *
Poppy, seed imported \1\................................               8
 
                                * * * * *
------------------------------------------------------------------------

* * * * *
[FR Doc. 2018-05284 Filed 3-14-18; 8:45 am]
BILLING CODE 6560-50-P



                                              11420             Federal Register / Vol. 83, No. 51 / Thursday, March 15, 2018 / Rules and Regulations

                                                  Authority: 42 U.S.C. 7401 et seq.                   information about the docket available                submit a copy of the filing (excluding
                                                                                                      at http://www.epa.gov/dockets.                        any Confidential Business Information
                                              Subpart NN—Pennsylvania                                                                                       (CBI)) for inclusion in the public docket.
                                                                                                      FOR FURTHER INFORMATION CONTACT:
                                              ■ 2. Subpart NN is amended by adding                    Michael L. Goodis, Director,                          Information not marked confidential
                                              a new undesignated centerheading and                    Registration Division (7505P), Office of              pursuant to 40 CFR part 2 may be
                                              § 62.9665 to read as follows:                           Pesticide Programs, Environmental                     disclosed publicly by EPA without prior
                                                                                                      Protection Agency, 1200 Pennsylvania                  notice. Submit the non-CBI copy of your
                                              Emissions From Existing Sewage Sludge                   Ave. NW, Washington, DC 20460–0001;                   objection or hearing request, identified
                                              Incineration Units                                      Main telephone number: (703) 305–                     by docket ID number EPA–HQ–OPP–
                                                                                                      7090; email address: RDFRNotices@                     2016–0365, by one of the following
                                              § 62.9665 Identification of plan—negative
                                              declaration.                                            epa.gov.                                              methods:
                                                                                                                                                              • Federal eRulemaking Portal: http://
                                                Letter from the City of Philadelphia,                 SUPPLEMENTARY INFORMATION:                            www.regulations.gov. Follow the online
                                              Department of Public Health, submitted                                                                        instructions for submitting comments.
                                              March 28, 2012, certifying that there are               I. General Information
                                                                                                                                                            Do not submit electronically any
                                              no existing sewage sludge incineration                  A. Does this action apply to me?                      information you consider to be CBI or
                                              units within the City of Philadelphia,                     You may be potentially affected by                 other information whose disclosure is
                                              Pennsylvania that are subject to 40 CFR                 this action if you are an agricultural                restricted by statute.
                                              part 60, subpart MMMM.                                  producer, food manufacturer, or                         • Mail: OPP Docket, Environmental
                                              [FR Doc. 2018–05293 Filed 3–14–18; 8:45 am]             pesticide manufacturer. The following                 Protection Agency Docket Center (EPA/
                                              BILLING CODE 6560–50–P                                  list of North American Industrial                     DC), (28221T), 1200 Pennsylvania Ave.
                                                                                                      Classification System (NAICS) codes is                NW, Washington, DC 20460–0001.
                                                                                                      not intended to be exhaustive, but rather               • Hand Delivery: To make special
                                              ENVIRONMENTAL PROTECTION                                provides a guide to help readers                      arrangements for hand delivery or
                                              AGENCY                                                  determine whether this document                       delivery of boxed information, please
                                                                                                      applies to them. Potentially affected                 follow the instructions at http://
                                              40 CFR Part 180                                                                                               www.epa.gov/dockets/contacts.html.
                                                                                                      entities may include:
                                              [EPA–HQ–OPP–2016–0365; FRL–9973–20]                        • Crop production (NAICS code 111).                  Additional instructions on
                                                                                                         • Animal production (NAICS code                    commenting or visiting the docket,
                                              Trinexapac-ethyl; Pesticide Tolerances                  112).                                                 along with more information about
                                              AGENCY:  Environmental Protection                          • Food manufacturing (NAICS code                   dockets generally, is available at http://
                                              Agency (EPA).                                           311).                                                 www.epa.gov/dockets.
                                                                                                         • Pesticide manufacturing (NAICS
                                              ACTION: Final rule.                                                                                           II. Summary of Petitioned-For
                                                                                                      code 32532).
                                                                                                                                                            Tolerance
                                              SUMMARY:   This regulation establishes a                B. How can I get electronic access to
                                              tolerance for residues of trinexapac-                                                                            In the Federal Register of November
                                                                                                      other related information?                            30, 2016 (81 FR 86312) (FRL–9954–06),
                                              ethyl in or on poppy, seed. Syngenta
                                              Crop Protection, LLC requested this                        You may access a frequently updated                EPA issued a document pursuant to
                                              tolerance under the Federal Food, Drug,                 electronic version of EPA’s tolerance                 FFDCA section 408(d)(3), 21 U.S.C.
                                              and Cosmetic Act (FFDCA) in order to                    regulations at 40 CFR part 180 through                346a(d)(3), announcing the filing of a
                                              cover residues of trinexapac-ethyl in                   the Government Printing Office’s e-CFR                pesticide petition (PP 6E8462) by
                                              imported poppy seed commodities.                        site at http://www.ecfr.gov/cgi-bin/text-             Syngenta Crop Protection, LLC., P.O.
                                                                                                      idx?&c=ecfr&tpl=/ecfrbrowse/Title40/                  Box 18300, Greensboro, NC 27419.
                                              DATES: This regulation is effective
                                                                                                      40tab_02.tpl.                                         The petition requested that 40 CFR part
                                              March 15, 2018. Objections and requests
                                                                                                                                                            180 be amended by establishing a
                                              for hearings must be received on or                     C. How can I file an objection or hearing
                                                                                                                                                            tolerance for residues of the herbicide
                                              before May 14, 2018, and must be filed                  request?
                                                                                                                                                            trinexapac-ethyl, ethyl 4-
                                              in accordance with the instructions                       Under FFDCA section 408(g), 21                      (cyclopropylhydroxymethylene)-3,5-
                                              provided in 40 CFR part 178 (see also                   U.S.C. 346a, any person may file an                   dioxocyclohexanecarboxylate expressed
                                              Unit I.C. of the SUPPLEMENTARY                          objection to any aspect of this regulation            as its primary metabolite trinexpac, 4-
                                              INFORMATION).
                                                                                                      and may also request a hearing on those               (cyclopropylhydroxymethylene)-3,5-
                                              ADDRESSES: The docket for this action,                  objections. You must file your objection              dioxocyclohexanecarboxylic acid, in or
                                              identified by docket identification (ID)                or request a hearing on this regulation               on poppy, seed at 8 parts per million
                                              number EPA–HQ–OPP–2016–0365, is                         in accordance with the instructions                   (ppm). That document referenced a
                                              available at http://www.regulations.gov                 provided in 40 CFR part 178. To ensure                summary of the petition prepared by
                                              or at the Office of Pesticide Programs                  proper receipt by EPA, you must                       Syngenta Crop Protection, LLC, the
                                              Regulatory Public Docket (OPP Docket)                   identify docket ID number EPA–HQ–                     registrant, which is available in the
                                              in the Environmental Protection Agency                  OPP–2016–0365 in the subject line on                  docket, http://www.regulations.gov.
                                              Docket Center (EPA/DC), West William                    the first page of your submission. All                There were no comments received in
                                              Jefferson Clinton Bldg., Rm. 3334, 1301                 objections and requests for a hearing                 response to the notice of filing.
                                              Constitution Ave. NW, Washington, DC                    must be in writing, and must be
                                              20460–0001. The Public Reading Room                     received by the Hearing Clerk on or                   III. Aggregate Risk Assessment and
sradovich on DSK3GMQ082PROD with RULES




                                              is open from 8:30 a.m. to 4:30 p.m.,                    before May 14, 2018. Addresses for mail               Determination of Safety
                                              Monday through Friday, excluding legal                  and hand delivery of objections and                      Section 408(b)(2)(A)(i) of FFDCA
                                              holidays. The telephone number for the                  hearing requests are provided in 40 CFR               allows EPA to establish a tolerance (the
                                              Public Reading Room is (202) 566–1744,                  178.25(b).                                            legal limit for a pesticide chemical
                                              and the telephone number for the OPP                      In addition to filing an objection or               residue in or on a food) only if EPA
                                              Docket is (703) 305–5805. Please review                 hearing request with the Hearing Clerk                determines that the tolerance is ‘‘safe.’’
                                              the visitor instructions and additional                 as described in 40 CFR part 178, please               Section 408(b)(2)(A)(ii) of FFDCA


                                         VerDate Sep<11>2014   16:08 Mar 14, 2018   Jkt 244001   PO 00000   Frm 00026   Fmt 4700   Sfmt 4700   E:\FR\FM\15MRR1.SGM   15MRR1


                                                                Federal Register / Vol. 83, No. 51 / Thursday, March 15, 2018 / Rules and Regulations                                         11421

                                              defines ‘‘safe’’ to mean that ‘‘there is a              from aggregate exposure to trinexapac-                October 4, 1993). Because this action
                                              reasonable certainty that no harm will                  ethyl residues.                                       has been exempted from review under
                                              result from aggregate exposure to the                      For a detailed discussion of the                   Executive Order 12866, this action is
                                              pesticide chemical residue, including                   aggregate risk assessments and                        not subject to Executive Order 13211,
                                              all anticipated dietary exposures and all               determination of safety for these                     entitled ‘‘Actions Concerning
                                              other exposures for which there is                      tolerances please refer to the May 20,                Regulations That Significantly Affect
                                              reliable information.’’ This includes                   2015, Federal Register document and its               Energy Supply, Distribution, or Use’’ (66
                                              exposure through drinking water and in                  supporting documents, available at                    FR 28355, May 22, 2001); Executive
                                              residential settings, but does not include              http://www.regulations.gov in document                Order 13045, entitled ‘‘Protection of
                                              occupational exposure. Section                          ‘‘Trinexapac-ethyl; Pesticide                         Children from Environmental Health
                                              408(b)(2)(C) of FFDCA requires EPA to                   Tolerances’’ (80 FR 28843, May 20,                    Risks and Safety Risks’’ (62 FR 19885,
                                              give special consideration to exposure                  2015) in docket ID number EPA–HQ–                     April 23, 1997); or Executive Order
                                              of infants and children to the pesticide                OPP–2014–0340; FRL–9926–62. Further                   13771, entitled ‘‘Reducing Regulations
                                              chemical residue in establishing a                      information about EPA’s determination                 and Controlling Regulatory Costs’’ (82
                                              tolerance and to ‘‘ensure that there is a               that an updated risk assessment was not               FR 9339, February 3, 2017). This action
                                              reasonable certainty that no harm will                  necessary may be found in the                         does not contain any information
                                              result to infants and children from                     document ‘‘Trinexapac-ethyl. Section 3                collections subject to OMB approval
                                              aggregate exposure to the pesticide                     Registration Request for New Uses on                  under the Paperwork Reduction Act
                                              chemical residue. . . .’’                               Imported Poppy Seeds. Summary of                      (PRA) (44 U.S.C. 3501 et seq.), nor does
                                                 Consistent with FFDCA section                        Analytical Chemistry and Residue Data’’               it require any special considerations
                                              408(b)(2)(D), and the factors specified in              in docket ID number EPA–HQ–OPP–                       under Executive Order 12898, entitled
                                              FFDCA section 408(b)(2)(D), EPA has                     2016–0365.                                            ‘‘Federal Actions to Address
                                              reviewed the available scientific data                                                                        Environmental Justice in Minority
                                                                                                      International Residue Limits
                                              and other relevant information in                                                                             Populations and Low-Income
                                                                                                         In making its tolerance decisions, EPA             Populations’’ (59 FR 7629, February 16,
                                              support of this action. EPA has
                                                                                                      seeks to harmonize U.S. tolerances with               1994).
                                              sufficient data to assess the hazards of
                                                                                                      international standards whenever                         Since tolerances and exemptions that
                                              and to make a determination on
                                                                                                      possible, consistent with U.S. food                   are established on the basis of a petition
                                              aggregate exposure for trinexapac-ethyl
                                                                                                      safety standards and agricultural                     under FFDCA section 408(d), such as
                                              including exposure resulting from the
                                                                                                      practices. EPA considers the                          the tolerance in this final rule, do not
                                              tolerances established by this action.
                                                                                                      international maximum residue limits                  require the issuance of a proposed rule,
                                                 In the Federal Register of May 20,
                                                                                                      (MRLs) established by the Codex                       the requirements of the Regulatory
                                              2015 (80 FR 28843) (FRL–9926–62),
                                                                                                      Alimentarius Commission (Codex), as                   Flexibility Act (RFA) (5 U.S.C. 601 et
                                              EPA amended tolerances for herbicide
                                                                                                      required by FFDCA section 408(b)(4).                  seq.), do not apply.
                                              trinexapac-ethyl, ethyl 4-                                                                                       This action directly regulates growers,
                                                                                                      The Codex Alimentarius is a joint
                                              (cyclopropylhydroxymethylene)-3,5-                                                                            food processors, food handlers, and food
                                                                                                      United Nations Food and Agriculture
                                              dioxocyclohexanecarboxylate expressed                                                                         retailers, not States or tribes, nor does
                                                                                                      Organization/World Health
                                              as its primary metabolite trinexpac, 4-                                                                       this action alter the relationships or
                                                                                                      Organization food standards program,
                                              (cyclopropylhydroxymethylene)-3,5-                                                                            distribution of power and
                                                                                                      and it is recognized as an international
                                              dioxocyclohexanecarboxylic acid in or                                                                         responsibilities established by Congress
                                                                                                      food safety standards-setting
                                              on several commodities. Because the                                                                           in the preemption provisions of FFDCA
                                                                                                      organization in trade agreements to
                                              majority of the Agency’s conclusions                                                                          section 408(n)(4). As such, the Agency
                                                                                                      which the United States is a party. EPA
                                              remain the same, EPA is incorporating                                                                         has determined that this action will not
                                                                                                      may establish a tolerance that is
                                              the discussions from the May 20, 2015,                                                                        have a substantial direct effect on States
                                                                                                      different from a Codex MRL; however,
                                              Federal Register document into this                                                                           or tribal governments, on the
                                                                                                      FFDCA section 408(b)(4) requires that
                                              document and relying on the same                                                                              relationship between the national
                                                                                                      EPA explain the reasons for departing
                                              supporting documents. The only                                                                                government and the States or tribal
                                                                                                      from the Codex level. The Codex has not
                                              difference is the potential to impact                                                                         governments, or on the distribution of
                                                                                                      established a MRL for trinexapac-ethyl.
                                              dietary exposure; because the use on                                                                          power and responsibilities among the
                                              poppy seeds is not approved in the                      IV. Conclusion                                        various levels of government or between
                                              United States, there is no impact on                      Therefore, tolerances are established               the Federal Government and Indian
                                              drinking water exposures or residential                 for residues of trinexapac-ethyl, ethyl 4-            tribes. Thus, the Agency has determined
                                              exposures.                                              (cyclopropylhydroxymethylene)-3,5-                    that Executive Order 13132, entitled
                                                 The Agency has determined that a                     dioxocyclohexanecarboxylate expressed                 ‘‘Federalism’’ (64 FR 43255, August 10,
                                              new dietary exposure assessment is not                  as its primary metabolite trinexpac, 4-               1999) and Executive Order 13175,
                                              needed because poppy seed is not a                      (cyclopropylhydroxymethylene)-3,5-                    entitled ‘‘Consultation and Coordination
                                              significant part of the diet, and residues              dioxocyclohexanecarboxylic acid, in or                with Indian Tribal Governments’’ (65 FR
                                              of trinexapac-ethyl do not concentrate                  on poppy, seed at 8 ppm.                              67249, November 9, 2000) do not apply
                                              in poppy seed oil. Therefore, residues in                                                                     to this action. In addition, this action
                                              poppy seed oil are not expected to have                 V. Statutory and Executive Order                      does not impose any enforceable duty or
                                              an impact on the EPA’s previous                         Reviews                                               contain any unfunded mandate as
                                              findings. Therefore, EPA relies upon the                  This action establishes a tolerance                 described under Title II of the Unfunded
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                                              findings made in the May 20, 2015,                      under FFDCA section 408(d) in                         Mandates Reform Act (UMRA) (2 U.S.C.
                                              Federal Register document, as well as                   response to a petition submitted to the               1501 et seq.).
                                              the review of the poppy seed data in                    Agency. The Office of Management and                     This action does not involve any
                                              support of this rule. EPA concludes that                Budget (OMB) has exempted these types                 technical standards that would require
                                              there is a reasonable certainty that no                 of actions from review under Executive                Agency consideration of voluntary
                                              harm will result to the general                         Order 12866, entitled ‘‘Regulatory                    consensus standards pursuant to section
                                              population, or to infants and children                  Planning and Review’’ (58 FR 51735,                   12(d) of the National Technology


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                                              11422               Federal Register / Vol. 83, No. 51 / Thursday, March 15, 2018 / Rules and Regulations

                                              Transfer and Advancement Act                              FEDERAL COMMUNICATIONS                                Synopsis
                                              (NTTAA) (15 U.S.C. 272 note).                             COMMISSION                                            I. Introduction
                                              VI. Congressional Review Act                              47 CFR Part 64                                           1. In this Report and Order, we
                                                                                                                                                              continue our efforts to modernize our
                                                Pursuant to the Congressional Review                    [WC Docket No. 17–141, CC Docket No. 96–              rules by eliminating costly requirements
                                              Act (5 U.S.C. 801 et seq.), EPA will                      128, WC Docket No. 16–132; FCC 18–21]
                                                                                                                                                              that are no longer necessary in light of
                                              submit a report containing this rule and                                                                        technological and marketplace changes.
                                                                                                        Modernization of Payphone
                                              other required information to the U.S.                                                                          Based on the substantial decline in
                                                                                                        Compensation Rules
                                              Senate, the U.S. House of                                                                                       payphone use and corresponding
                                              Representatives, and the Comptroller                      AGENCY:  Federal Communications                       payphone compensation, we eliminate
                                              General of the United States prior to                     Commission                                            rules that are no longer needed to
                                              publication of the rule in the Federal                    ACTION: Final rule.                                   ensure that payphone service providers
                                              Register. This action is not a ‘‘major                                                                          (PSPs) receive the compensation to
                                                                                                        SUMMARY:    In this document, a Report                which they are entitled. Specifically,
                                              rule’’ as defined by 5 U.S.C. 804(2).
                                                                                                        and Order takes a number of actions                   first, we eliminate all payphone call
                                              List of Subjects in 40 CFR Part 180                       aimed at modernizing the Commission’s                 tracking system audit and associated
                                                                                                        payphone compensation procedure                       reporting requirements. Second, we
                                                Environmental protection,                               rules by eliminating costly requirements              revise our rules to permit a company
                                              Administrative practice and procedure,                    that are no longer necessary in light of              official other than the chief financial
                                              Agricultural commodities, Pesticides                      technological and marketplace changes.                officer (CFO) to certify that a
                                              and pests, Reporting and recordkeeping                    These actions further the Commission’s                Completing Carrier’s quarterly
                                              requirements.                                             goal of regularly examining and                       compensation payments to PSPs are
                                                Dated: March 7, 2018.
                                                                                                        updating its rules to keep pace with                  accurate and complete. A Completing
                                                                                                        technology and the changing                           Carrier is ‘‘a long distance carrier or
                                              Michael L. Goodis,                                        communications landscape, and to
                                              Director, Registration Division, Office of
                                                                                                                                                              switch-based long distance reseller that
                                                                                                        eliminate requirements that are no                    completes a coinless access code or
                                              Pesticide Programs.                                       longer necessary, thereby reducing the                subscriber toll-free payphone call or a
                                                Therefore, 40 CFR chapter I is                          costs and burdens of rules that have                  local exchange carrier that completes a
                                              amended as follows:                                       outlived their purpose. These have no                 local, coinless access code or subscriber
                                                                                                        impact on Completing Carriers’                        toll-free payphone call.’’ Our rules
                                              PART 180—[AMENDED]                                        continuing obligations under the                      require that ‘‘a Completing Carrier that
                                                                                                        Commission’s rules to maintain accurate               completes a coinless access code or
                                              ■ 1. The authority citation for part 180                  call tracking systems and to fully                    subscriber toll-free payphone call from
                                              continues to read as follows:                             compensate payphone service providers
                                                                                                                                                              a switch that the Completing Carrier
                                                                                                        for the calls covered by these rules.
                                                  Authority: 21 U.S.C. 321(q), 346a and 371.                                                                  either owns or leases shall compensate
                                                                                                        DATES: Effective April 16, 2018, except               the payphone service provider for that
                                              ■ 2. In § 180.662 adding alphabetically                   for the amendment to 47 CFR                           call at a rate agreed upon by the parties
                                              the entry for ‘‘Poppy, seed imported’’                    64.1310(a)(3), which contains                         by contract.’’ Finally, we eliminate
                                              and footnote 1 to the table in paragraph                  information collection requirements that              expired interim and intermediate per-
                                                                                                        have not been approved by OMB. The                    payphone compensation rules that no
                                              (a) to read as follows:
                                                                                                        Federal Communications Commission                     longer apply to any entity. The actions
                                              § 180.662 Trinexapac-ethyl; tolerances for                will publish a document in the Federal                we take today further our goal of
                                              residues.                                                 Register announcing the effective date.               regularly examining and updating our
                                                                                                        FOR FURTHER INFORMATION CONTACT:                      rules to keep pace with technology and
                                                  (a) * * *
                                                                                                        Wireline Competition Bureau,                          the changing communications
                                                                                                        Competition Policy Division, Michele                  landscape, and to eliminate
                                                                                       Parts per
                                                         Commodity                      million         Berlove, at (202) 418–1477,                           requirements that are no longer
                                                                                                        Michele.Berlove@fcc.gov. For additional               necessary, thereby reducing the costs
                                                                                                        information concerning the Paperwork                  and burdens of rules that have outlived
                                              *          *           *           *          *           Reduction Act information collection                  their purpose.
                                                                                                        requirements contained in this
                                              Poppy, seed imported 1 ........                       8   document, send an email to PRA@                       II. Background
                                                                                                        fcc.gov or contact Nicole Ongele at (202)                2. Section 276 of the Communications
                                              *          *           *           *          *           418–2991.                                             Act of 1934, as amended, directs the
                                                                                                        SUPPLEMENTARY INFORMATION: This is a                  Commission to ensure that PSPs are
                                                                                                        summary of the Commission’s Report                    fairly compensated for all completed
                                              *      *       *       *      *                           and Order in WC Docket No. 17–141,                    calls using their payphones. In 2003, the
                                              [FR Doc. 2018–05284 Filed 3–14–18; 8:45 am]               FCC 18–21, adopted and released                       Commission revised its rules to require
                                              BILLING CODE 6560–50–P                                    February 22, 2018. The full text of this              Completing Carriers to establish
                                                                                                        document is available for public                      effective call tracking systems, undergo
                                                                                                        inspection during regular business                    initial and annual audits verifying the
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                                                                                                        hours in the FCC Reference Information                accuracy of those tracking systems, and
                                                                                                        Center, Portals II, 445 12th Street SW,               file associated audit reports with the
                                                                                                        Room CY–A257, Washington, DC 20554.                   Commission.
                                                                                                        It is available on the Commission’s                      3. On June 22, 2017, the Commission
                                                                                                        website at https://transition.fcc.gov/                adopted a Notice of Proposed
                                                1 There are no U.S. registrations for Poppy, seed       Daily_Releases/Daily_Business/2018/                   Rulemaking and Order (NPRM)
                                              as of March 15, 2018.                                     db0222/FCC-18-21A1.pdf.                               proposing and seeking comment on


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Document Created: 2018-03-15 02:37:44
Document Modified: 2018-03-15 02:37:44
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 March 15, 2018. Objections and requests for hearings must be received on or before May 14, 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, Director, Registration Division (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington,
FR Citation83 FR 11420 
CFR AssociatedEnvironmental Protection; Administrative Practice and Procedure; Agricultural Commodities; Pesticides and Pests and Reporting and Recordkeeping Requirements

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