83 FR 31893 - Pyroxsulam; Pesticide Tolerances
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 132 (July 10, 2018)
Federal Register Volume 83, Issue 132 (July 10, 2018)
| Page Range | 31893-31895 | |
| FR Document | 2018-14735 |
[Federal Register Volume 83, Number 132 (Tuesday, July 10, 2018)] [Rules and Regulations] [Pages 31893-31895] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-14735] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 180 [EPA-HQ-OPP-2017-0227; FRL-9978-15] Pyroxsulam; Pesticide Tolerances AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This regulation amends existing tolerances for residues of pyroxsulam in or on teff forage, teff grain, teff hay, and teff straw. Interregional Research Project Number 4 (IR-4) requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA). DATES: This regulation is effective July 10, 2018. Objections and requests for hearings must be received on or before September 10, 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-2017-0227, 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, [[Page 31894]] 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 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: 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-2017-0227 in the subject line on the first page of your submission. All objections and requests for a hearing must be in writing, and must be received by the Hearing Clerk on or before September 10, 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-2017-0227, 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 October 23, 2017 (82 FR 49020) (FRL- 9967-37), 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 7E8551) by IR-4, Rutgers, The State University of New Jersey, 500 College Road East, Suite 201 W, Princeton, NJ 08540. The petition requested that 40 CFR part 180 be amended by establishing tolerances for residues of the herbicide pyroxsulam, N-(5,7- dimethoxy[1,2,4]triazolo[1,5-a]pyrimidin-2-yl)-2-methoxy-4- (trifluoromethyl)-3-pyridinesulfonamide in or on the raw agricultural commodities teff, forage at 0.06 ppm; teff, grain at 0.01 ppm; teff, straw at 0.03 ppm; and teff, hay at 0.01 ppm. That document referenced a summary of the petition prepared by Dow Agrosciences, the registrant, which is available in the docket, http://www.regulations.gov. A comment was received on the notice of filing but was related to the impact of wind turbines on bats and therefore not relevant to this action. In between the submission of the petition and the publication of this document, tolerances were established in the Federal Register of July 5, 2017 (82 FR 30987) (FRL-9962-60) for residues in teff forage, teff grain, teff hay, and teff straw at the levels requested in this petition to cover residues of pyroxsulam in or on imports of those commodities since there was no domestic registration for that use at the time. III. Aggregate Risk Assessment and Determination of Safety Section 408(b)(2)(A)(i) of FFDCA allows EPA to establish a tolerance (the legal limit for a pesticide chemical residue in or on a food) only if EPA determines that the tolerance is ``safe.'' Section 408(b)(2)(A)(ii) of FFDCA defines ``safe'' to mean that ``there is a reasonable certainty that no harm will result from aggregate exposure to the pesticide chemical residue, including all anticipated dietary exposures and all other exposures for which there is reliable information.'' This includes exposure through drinking water and in residential settings, but does not include occupational exposure. Section 408(b)(2)(C) of FFDCA requires EPA to give special consideration to exposure of infants and children to the pesticide chemical residue in establishing a tolerance and to ``ensure that there is a reasonable certainty that no harm will result to infants and children from aggregate exposure to the pesticide chemical residue. . . .'' Consistent with FFDCA section 408(b)(2)(D), and the factors specified in FFDCA section 408(b)(2)(D), EPA has reviewed the available scientific data and other relevant information in support of this action. EPA has sufficient data to assess the hazards of and to make a determination on aggregate exposure consistent with FFDCA section 408(b)(2). In the Federal Register of July 5, 2017 (82 FR 30987), EPA established tolerances for residues of pyroxsulam in or on teff forage, teff grain, teff hay, and teff straw at the same levels as those requested in this action. Because there was no domestic use of pyroxsulam registered on those commodities at the time, the tolerances included a footnote noting the lack of U.S. registrations for use of pyroxsulam on teff. Due to changes in the status of domestic registrations for use of pyroxsulam in or on teff, this footnote is no longer accurate and needs to be removed. The U.S. registration of teff on pyroxsulam does not change the Agency's previous conclusions about drinking water exposure or residential exposure; therefore, the previous aggregate risk assessment supports the amendment of the teff tolerances. Based on this assessment of potential exposure [[Page 31895]] from use of pyroxsulam on teff and the findings supporting the July 5, 2017 tolerances established for teff commodities, 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 pyroxsulam residues. For a detailed discussion of the aggregate risk assessments and determination of safety for the proposed tolerances, please refer to the July 5, 2017 Federal Register document and its supporting documents available at http://www.regulations.gov in docket ID numbers EPA-HQ- OPP-2006-0785 and EPA-HQ-OPP-2017-0227. IV. Other Considerations A. Analytical Enforcement Methodology An adequate enforcement methodology, Method GRM 04.17, a liquid chromatography with tandem mass spectrometry (LC/MS/MS) method, is available to enforce the tolerance expression. The method may be requested from: Chief, Analytical Chemistry Branch, Environmental Science Center, 701 Mapes Rd., Ft. Meade, MD 20755-5350; telephone number: (410) 305-2905; email address: [email protected]. B. International Residue Limits In making its tolerance decisions, EPA seeks to harmonize U.S. tolerances with international standards whenever possible, consistent with U.S. food safety standards and agricultural practices. EPA considers the international maximum residue limits (MRLs) established by the Codex Alimentarius Commission (Codex), as required by FFDCA section 408(b)(4). The Codex Alimentarius is a joint United Nations Food and Agriculture Organization/World Health Organization food standards program, and it is recognized as an international food safety standards-setting organization in trade agreements to which the United States is a party. EPA may establish a tolerance that is different from a Codex MRL; however, FFDCA section 408(b)(4) requires that EPA explain the reasons for departing from the Codex level. The Codex has not established a MRL for pyroxsulam. V. Conclusion Therefore, the tolerances for teff commodities in 40 CFR 180.638 are amended by removing the footnote stating ``There are no U.S. registrations on teff as of May 8, 2017''. VI. Statutory and Executive Order Reviews This action modifies tolerances under FFDCA section 408(d) in response to a petition submitted to the Agency. The Office of Management and Budget (OMB) has exempted these types of actions from review under Executive Order 12866, entitled ``Regulatory Planning and Review'' (58 FR 51735, October 4, 1993). Because this action has been exempted from review under Executive Order 12866, this action is not subject to Executive Order 13211, entitled ``Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001) or Executive Order 13045, entitled ``Protection of Children from Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997), nor is it considered a regulatory action under 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 tolerances in this final rule, do not require the issuance of a proposed rule, the requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.), do not apply. This action directly regulates growers, food processors, food handlers, and food retailers, not States or tribes, nor does this action alter the relationships or distribution of power and responsibilities established by Congress in the preemption provisions of FFDCA section 408(n)(4). As such, the Agency has determined that this action will not have a substantial direct effect on States or tribal governments, on the relationship between the national government and the States or tribal governments, or on the distribution of power and responsibilities among the various levels of government or between the Federal Government and Indian tribes. Thus, the Agency has determined that Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 10, 1999) and Executive Order 13175, entitled ``Consultation and Coordination with Indian Tribal Governments'' (65 FR 67249, November 9, 2000) do not apply to this action. In addition, this action does not impose any enforceable duty or contain any unfunded mandate as described under Title II of the Unfunded Mandates Reform Act (UMRA) (2 U.S.C. 1501 et seq.). This action does not involve any technical standards that would require Agency consideration of voluntary consensus standards pursuant to section 12(d) of the National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note). VII. Congressional Review Act Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.), EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). List of Subjects in 40 CFR Part 180 Environmental protection, Administrative practice and procedure, Agricultural commodities, Pesticides and pests, Reporting and recordkeeping requirements. Dated: June 15, 2018. Michael Goodis, Director, Registration Division, Office of Pesticide Programs. Therefore, 40 CFR chapter I is amended as follows: PART 180--[AMENDED] 0 1. The authority citation for part 180 continues to read as follows: Authority: 21 U.S.C. 321(q), 346a and 371. 0 2. In Sec. 180.638, revise the table in paragraph (a) to read as follows: Sec. 180.638 Pyroxsulam; tolerances for residues. (a) * * * ------------------------------------------------------------------------ Parts per Commodity million ------------------------------------------------------------------------ Teff, forage................................................ 0.06 Teff, grain................................................. 0.01 Teff, hay................................................... 0.01 Teff, straw................................................. 0.03 Wheat, forage............................................... 0.06 Wheat, grain................................................ 0.01 Wheat, hay.................................................. 0.01 Wheat, straw................................................ 0.03 ------------------------------------------------------------------------ * * * * * [FR Doc. 2018-14735 Filed 7-9-18; 8:45 am] BILLING CODE 6560-50-P
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888–REG–FAIR (1–888–734–3247). The individually or cumulatively have a Coast Guard commissioned, warrant or
Coast Guard will not retaliate against significant effect on the human petty officer who has been designated
small entities that question or complain environment. This rule establishes a by the Captain of the Port Buffalo to act
about this rule or any policy or action temporary safety zone. It is categorically on his behalf.
of the Coast Guard. excluded from further review under (4) Vessel operators desiring to enter
paragraph L60(a) of Appendix A, Table or operate within the safety zone must
C. Collection of Information 1 of DHS Instruction Manual 023–01– contact the Captain of the Port Buffalo
This rule will not call for a new 001–01, Rev. 01. A Record of or his on-scene representative to obtain
collection of information under the Environmental Consideration permission to do so. The Captain of the
Paperwork Reduction Act of 1995 (44 supporting this determination is Port Buffalo or his on-scene
U.S.C. 3501–3520). available in the docket where indicated representative may be contacted via
D. Federalism and Indian Tribal under ADDRESSES. VHF Channel 16. Vessel operators given
Governments permission to enter or operate in the
G. Protest Activities
safety zone must comply with all
A rule has implications for federalism The Coast Guard respects the First directions given to them by the Captain
under Executive Order 13132, Amendment rights of protesters. of the Port Buffalo, or his on-scene
Federalism, if it has a substantial direct Protesters are asked to contact the representative.
effect on the States, on the relationship person listed in the FOR FURTHER
Dated: July 5, 2018.
between the national government and INFORMATION CONTACT section to
the States, or on the distribution of coordinate protest activities so that your Joseph S. Dufresne,
power and responsibilities among the message can be received without Captain, U.S. Coast Guard, Captain of the
various levels of government. We have jeopardizing the safety or security of Port Buffalo.
analyzed this rule under that Order and people, places or vessels. [FR Doc. 2018–14740 Filed 7–9–18; 8:45 am]
have determined that it is consistent BILLING CODE 9110–04–P
List of Subjects in 33 CFR Part 165
with the fundamental federalism
principles and preemption requirements Harbors, Marine safety, Navigation
described in Executive Order 13132. (water), Reporting and recordkeeping ENVIRONMENTAL PROTECTION
Also, this rule does not have tribal requirements, Security measures, AGENCY
implications under Executive Order Waterways.
13175, Consultation and Coordination For the reasons discussed in the 40 CFR Part 180
with Indian Tribal Governments, preamble, the Coast Guard amends 33 [EPA–HQ–OPP–2017–0227; FRL–9978–15]
because it does not have a substantial CFR part 165 as follows:
direct effect on one or more Indian Pyroxsulam; Pesticide Tolerances
tribes, on the relationship between the PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS AGENCY: Environmental Protection
Federal Government and Indian tribes,
Agency (EPA).
or on the distribution of power and ■ 1. The authority citation for part 165 ACTION: Final rule.
responsibilities between the Federal continues to read as follows:
Government and Indian tribes. If you SUMMARY: This regulation amends
believe this rule has implications for Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; existing tolerances for residues of
federalism or Indian tribes, please Department of Homeland Security Delegation pyroxsulam in or on teff forage, teff
contact the person listed in the FOR No. 0170.1. grain, teff hay, and teff straw.
FURTHER INFORMATION CONTACT section Interregional Research Project Number 4
above. ■ 2. Add § 165.T09–0630 to read as
follows: (IR–4) requested these tolerances under
E. Unfunded Mandates Reform Act the Federal Food, Drug, and Cosmetic
§ 165.T09–0630 Safety Zone; Hamburg Act (FFDCA).
The Unfunded Mandates Reform Act Beach Blast Fireworks Display; Lake Erie, DATES: This regulation is effective July
of 1995 (2 U.S.C. 1531–1538) requires Hamburg, NY. 10, 2018. Objections and requests for
Federal agencies to assess the effects of (a) Location. The safety zone will hearings must be received on or before
their discretionary regulatory actions. In encompass all waters of Lake Erie; September 10, 2018, and must be filed
particular, the Act addresses actions Hamburg, NY contained within a 280- in accordance with the instructions
that may result in the expenditure by a foot radius of: 42°45′59.21″ N, provided in 40 CFR part 178 (see also
State, local, or tribal government, in the 078°52′41.51″ W. Unit I.C. of the SUPPLEMENTARY
aggregate, or by the private sector of (b) Enforcement period. This INFORMATION).
$100,000,000 (adjusted for inflation) or regulation will be enforced from 9:45
more in any one year. Though this rule p.m. until 10:45 p.m. on July 28, 2018. ADDRESSES: The docket for this action,
will not result in such an expenditure, (c) Regulations. (1) In accordance with identified by docket identification (ID)
we do discuss the effects of this rule the general regulations in § 165.23, entry number EPA–HQ–OPP–2017–0227, is
elsewhere in this preamble. into, transiting, or anchoring within this available at http://www.regulations.gov
safety zone is prohibited unless or at the Office of Pesticide Programs
F. Environment Regulatory Public Docket (OPP Docket)
authorized by the Captain of the Port
We have analyzed this rule under Buffalo or his designated on-scene in the Environmental Protection Agency
Department of Homeland Security representative. Docket Center (EPA/DC), West William
Directive 023–01 and Commandant (2) This safety zone is closed to all Jefferson Clinton Bldg., Rm. 3334, 1301
amozie on DSK3GDR082PROD with RULES
Instruction M16475.1D, which guide the vessel traffic, except as may be Constitution Ave. NW, Washington, DC
Coast Guard in complying with the permitted by the Captain of the Port 20460–0001. The Public Reading Room
National Environmental Policy Act of Buffalo or his designated on-scene is open from 8:30 a.m. to 4:30 p.m.,
1969 (42 U.S.C. 4321–4370f), and have representative. Monday through Friday, excluding legal
determined that this action is one of a (3) The ‘‘on-scene representative’’ of holidays. The telephone number for the
category of actions that do not the Captain of the Port Buffalo is any Public Reading Room is (202) 566–1744,
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and the telephone number for the OPP In addition to filing an objection or (82 FR 30987) (FRL–9962–60) for
Docket is (703) 305–5805. Please review hearing request with the Hearing Clerk residues in teff forage, teff grain, teff
the visitor instructions and additional as described in 40 CFR part 178, please hay, and teff straw at the levels
information about the docket available submit a copy of the filing (excluding requested in this petition to cover
at http://www.epa.gov/dockets. any Confidential Business Information residues of pyroxsulam in or on imports
FOR FURTHER INFORMATION CONTACT: (CBI)) for inclusion in the public docket. of those commodities since there was no
Michael Goodis, Registration Division Information not marked confidential domestic registration for that use at the
(7505P), Office of Pesticide Programs, pursuant to 40 CFR part 2 may be time.
Environmental Protection Agency, 1200 disclosed publicly by EPA without prior
III. Aggregate Risk Assessment and
Pennsylvania Ave. NW, Washington, DC notice. Submit the non-CBI copy of your
Determination of Safety
20460–0001; main telephone number: objection or hearing request, identified
by docket ID number EPA–HQ–OPP– Section 408(b)(2)(A)(i) of FFDCA
(703) 305–7090; email address: allows EPA to establish a tolerance (the
RDFRNotices@epa.gov. 2017–0227, by one of the following
methods: legal limit for a pesticide chemical
SUPPLEMENTARY INFORMATION: • Federal eRulemaking Portal: http:// residue in or on a food) only if EPA
I. General Information www.regulations.gov. Follow the online determines that the tolerance is ‘‘safe.’’
instructions for submitting comments. Section 408(b)(2)(A)(ii) of FFDCA
A. Does this action apply to me? Do not submit electronically any defines ‘‘safe’’ to mean that ‘‘there is a
You may be potentially affected by information you consider to be CBI or reasonable certainty that no harm will
this action if you are an agricultural other information whose disclosure is result from aggregate exposure to the
producer, food manufacturer, or restricted by statute. pesticide chemical residue, including
pesticide manufacturer. The following • Mail: OPP Docket, Environmental all anticipated dietary exposures and all
list of North American Industrial Protection Agency Docket Center (EPA/ other exposures for which there is
Classification System (NAICS) codes is DC), (28221T), 1200 Pennsylvania Ave. reliable information.’’ This includes
not intended to be exhaustive, but rather NW, Washington, DC 20460–0001. exposure through drinking water and in
• Hand Delivery: To make special residential settings, but does not include
provides a guide to help readers
arrangements for hand delivery or occupational exposure. Section
determine whether this document
delivery of boxed information, please 408(b)(2)(C) of FFDCA requires EPA to
applies to them. Potentially affected
follow the instructions at http:// give special consideration to exposure
entities may include:
www.epa.gov/dockets/contacts.html. of infants and children to the pesticide
• Crop production (NAICS code 111). Additional instructions on chemical residue in establishing a
• Animal production (NAICS code commenting or visiting the docket, tolerance and to ‘‘ensure that there is a
112). along with more information about reasonable certainty that no harm will
• Food manufacturing (NAICS code dockets generally, is available at http:// result to infants and children from
311). www.epa.gov/dockets. aggregate exposure to the pesticide
• Pesticide manufacturing (NAICS chemical residue. . . .’’
code 32532). II. Summary of Petitioned-For Consistent with FFDCA section
Tolerance 408(b)(2)(D), and the factors specified in
B. How can I get electronic access to
In the Federal Register of October 23, FFDCA section 408(b)(2)(D), EPA has
other related information?
2017 (82 FR 49020) (FRL–9967–37), reviewed the available scientific data
You may access a frequently updated EPA issued a document pursuant to and other relevant information in
electronic version of EPA’s tolerance FFDCA section 408(d)(3), 21 U.S.C. support of this action. EPA has
regulations at 40 CFR part 180 through 346a(d)(3), announcing the filing of a sufficient data to assess the hazards of
the Government Printing Office’s e-CFR pesticide petition (PP 7E8551) by IR–4, and to make a determination on
site at http://www.ecfr.gov/cgi-bin/text- Rutgers, The State University of New aggregate exposure consistent with
idx?&c=ecfr&tpl=/ecfrbrowse/Title40/ Jersey, 500 College Road East, Suite 201 FFDCA section 408(b)(2).
40tab_02.tpl. W, Princeton, NJ 08540. The petition In the Federal Register of July 5, 2017
requested that 40 CFR part 180 be (82 FR 30987), EPA established
C. How can I file an objection or hearing
amended by establishing tolerances for tolerances for residues of pyroxsulam in
request?
residues of the herbicide pyroxsulam, or on teff forage, teff grain, teff hay, and
Under FFDCA section 408(g), 21 N-(5,7-dimethoxy[1,2,4]triazolo[1,5- teff straw at the same levels as those
U.S.C. 346a, any person may file an a]pyrimidin-2-yl)-2-methoxy-4- requested in this action. Because there
objection to any aspect of this regulation (trifluoromethyl)-3-pyridinesulfonamide was no domestic use of pyroxsulam
and may also request a hearing on those in or on the raw agricultural registered on those commodities at the
objections. You must file your objection commodities teff, forage at 0.06 ppm; time, the tolerances included a footnote
or request a hearing on this regulation teff, grain at 0.01 ppm; teff, straw at 0.03 noting the lack of U.S. registrations for
in accordance with the instructions ppm; and teff, hay at 0.01 ppm. That use of pyroxsulam on teff. Due to
provided in 40 CFR part 178. To ensure document referenced a summary of the changes in the status of domestic
proper receipt by EPA, you must petition prepared by Dow Agrosciences, registrations for use of pyroxsulam in or
identify docket ID number EPA–HQ– the registrant, which is available in the on teff, this footnote is no longer
OPP–2017–0227 in the subject line on docket, http://www.regulations.gov. A accurate and needs to be removed.
the first page of your submission. All comment was received on the notice of The U.S. registration of teff on
objections and requests for a hearing filing but was related to the impact of pyroxsulam does not change the
amozie on DSK3GDR082PROD with RULES
must be in writing, and must be wind turbines on bats and therefore not Agency’s previous conclusions about
received by the Hearing Clerk on or relevant to this action. drinking water exposure or residential
before September 10, 2018. Addresses In between the submission of the exposure; therefore, the previous
for mail and hand delivery of objections petition and the publication of this aggregate risk assessment supports the
and hearing requests are provided in 40 document, tolerances were established amendment of the teff tolerances. Based
CFR 178.25(b). in the Federal Register of July 5, 2017 on this assessment of potential exposure
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from use of pyroxsulam on teff and the VI. Statutory and Executive Order 67249, November 9, 2000) do not apply
findings supporting the July 5, 2017 Reviews to this action. In addition, this action
tolerances established for teff This action modifies tolerances under does not impose any enforceable duty or
commodities, EPA concludes that there FFDCA section 408(d) in response to a contain any unfunded mandate as
is a reasonable certainty that no harm petition submitted to the Agency. The described under Title II of the Unfunded
will result to the general population, or Office of Management and Budget Mandates Reform Act (UMRA) (2 U.S.C.
to infants and children from aggregate (OMB) has exempted these types of 1501 et seq.).
exposure to pyroxsulam residues. actions from review under Executive This action does not involve any
For a detailed discussion of the Order 12866, entitled ‘‘Regulatory technical standards that would require
aggregate risk assessments and Planning and Review’’ (58 FR 51735, Agency consideration of voluntary
determination of safety for the proposed October 4, 1993). Because this action consensus standards pursuant to section
tolerances, please refer to the July 5, has been exempted from review under 12(d) of the National Technology
2017 Federal Register document and its Executive Order 12866, this action is Transfer and Advancement Act
supporting documents available at not subject to Executive Order 13211, (NTTAA) (15 U.S.C. 272 note).
http://www.regulations.gov in docket ID entitled ‘‘Actions Concerning
numbers EPA–HQ–OPP–2006–0785 and VII. Congressional Review Act
Regulations That Significantly Affect
EPA–HQ–OPP–2017–0227. Energy Supply, Distribution, or Use’’ (66 Pursuant to the Congressional Review
IV. Other Considerations FR 28355, May 22, 2001) or Executive Act (5 U.S.C. 801 et seq.), EPA will
Order 13045, entitled ‘‘Protection of submit a report containing this rule and
A. Analytical Enforcement Methodology Children from Environmental Health other required information to the U.S.
An adequate enforcement Risks and Safety Risks’’ (62 FR 19885, Senate, the U.S. House of
methodology, Method GRM 04.17, a April 23, 1997), nor is it considered a Representatives, and the Comptroller
liquid chromatography with tandem regulatory action under Executive Order General of the United States prior to
mass spectrometry (LC/MS/MS) 13771, entitled ‘‘Reducing Regulations publication of the rule in the Federal
method, is available to enforce the and Controlling Regulatory Costs’’ (82 Register. This action is not a ‘‘major
tolerance expression. FR 9339, February 3, 2017). This action rule’’ as defined by 5 U.S.C. 804(2).
does not contain any information
The method may be requested from: collections subject to OMB approval List of Subjects in 40 CFR Part 180
Chief, Analytical Chemistry Branch, under the Paperwork Reduction Act
Environmental Science Center, 701 Environmental protection,
(PRA) (44 U.S.C. 3501 et seq.), nor does Administrative practice and procedure,
Mapes Rd., Ft. Meade, MD 20755–5350; it require any special considerations
telephone number: (410) 305–2905; Agricultural commodities, Pesticides
under Executive Order 12898, entitled and pests, Reporting and recordkeeping
email address: residuemethods@ ‘‘Federal Actions to Address
epa.gov. requirements.
Environmental Justice in Minority
Populations and Low-Income Dated: June 15, 2018.
B. International Residue Limits
Populations’’ (59 FR 7629, February 16, Michael Goodis,
In making its tolerance decisions, EPA 1994). Director, Registration Division, Office of
seeks to harmonize U.S. tolerances with Since tolerances and exemptions that Pesticide Programs.
international standards whenever are established on the basis of a petition
possible, consistent with U.S. food Therefore, 40 CFR chapter I is
under FFDCA section 408(d), such as amended as follows:
safety standards and agricultural the tolerances in this final rule, do not
practices. EPA considers the require the issuance of a proposed rule, PART 180—[AMENDED]
international maximum residue limits the requirements of the Regulatory
(MRLs) established by the Codex Flexibility Act (RFA) (5 U.S.C. 601 et ■ 1. The authority citation for part 180
Alimentarius Commission (Codex), as seq.), do not apply. continues to read as follows:
required by FFDCA section 408(b)(4). This action directly regulates growers,
The Codex Alimentarius is a joint food processors, food handlers, and food Authority: 21 U.S.C. 321(q), 346a and 371.
United Nations Food and Agriculture retailers, not States or tribes, nor does ■ 2. In § 180.638, revise the table in
Organization/World Health this action alter the relationships or paragraph (a) to read as follows:
Organization food standards program, distribution of power and
and it is recognized as an international responsibilities established by Congress § 180.638 Pyroxsulam; tolerances for
food safety standards-setting in the preemption provisions of FFDCA residues.
organization in trade agreements to section 408(n)(4). As such, the Agency (a) * * *
which the United States is a party. EPA has determined that this action will not
may establish a tolerance that is have a substantial direct effect on States Parts per
different from a Codex MRL; however, Commodity
or tribal governments, on the million
FFDCA section 408(b)(4) requires that relationship between the national
EPA explain the reasons for departing government and the States or tribal Teff, forage ................................. 0.06
from the Codex level. governments, or on the distribution of Teff, grain ................................... 0.01
Teff, hay ...................................... 0.01
The Codex has not established a MRL power and responsibilities among the Teff, straw ................................... 0.03
for pyroxsulam. various levels of government or between Wheat, forage ............................. 0.06
the Federal Government and Indian
amozie on DSK3GDR082PROD with RULES
V. Conclusion Wheat, grain ............................... 0.01
tribes. Thus, the Agency has determined Wheat, hay ................................. 0.01
Therefore, the tolerances for teff that Executive Order 13132, entitled Wheat, straw ............................... 0.03
commodities in 40 CFR 180.638 are ‘‘Federalism’’ (64 FR 43255, August 10,
amended by removing the footnote 1999) and Executive Order 13175, * * * * *
stating ‘‘There are no U.S. registrations entitled ‘‘Consultation and Coordination [FR Doc. 2018–14735 Filed 7–9–18; 8:45 am]
on teff as of May 8, 2017’’. with Indian Tribal Governments’’ (65 FR BILLING CODE 6560–50–P
VerDate Sep<11>2014 16:38 Jul 09, 2018 Jkt 244001 PO 00000 Frm 00055 Fmt 4700 Sfmt 9990 E:\FR\FM\10JYR1.SGM 10JYR1](https://thefederalregister.org/doc/83_FR_32025/page/3.svg)
Document Created: 2018-11-06 10:19:08
Document Modified: 2018-11-06 10:19:08
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This regulation is effective July 10, 2018. Objections and requests for hearings must be received on or before September 10, 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). | |
| Contact | Michael Goodis, Registration Division (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-0001; main telephone | |
| FR Citation | 83 FR 31893 | |
| CFR Associated | Environmental Protection; Administrative Practice and Procedure; Agricultural Commodities; Pesticides and Pests and Reporting and Recordkeeping Requirements |
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