83 FR 64027 - [EPA-HQ-OPP-2017-0288 and EPA-HQ-OPP-2017-0283; FRL-9986-73] HEAD6-Benzyladenine; Pesticide Tolerances
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 239 (December 13, 2018)
Federal Register Volume 83, Issue 239 (December 13, 2018)
| Page Range | 64027-64030 | |
| FR Document | 2018-27047 |
[Federal Register Volume 83, Number 239 (Thursday, December 13, 2018)] [Rules and Regulations] [Pages 64027-64030] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-27047] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 180 [EPA-HQ-OPP-2017-0288 and EPA-HQ-OPP-2017-0283; FRL-9986-73] 6-Benzyladenine; Pesticide Tolerances AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This regulation establishes tolerances for residues of 6- benzyladenine in or on avocados, peppers, tomatoes, cucumbers, melons, and squash. Interregional Research Project Number 4 and Valent BioSciences LLC have requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA). DATES: This regulation is effective December 13, 2018. Objections and requests for hearings must be received on or before February 11, 2019, 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 dockets for this action, identified by docket identification (ID) [[Page 64028]] numbers EPA-HQ-OPP-2017-0288 and EPA-HQ-OPP-2017-0283, are 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: Robert McNally, Biopesticides and Pollution Prevention Division (7511P), 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 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(g), 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-2017-0288 and EPA-HQ-OPP-2017-0283 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 February 11, 2019. 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 numbers EPA-HQ-OPP-2017-0288 and EPA- HQ-OPP-2017-0283, 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. Background In the Federal Register of September 15, 2017 (82 FR 43352) (FRL- 9965-43), EPA issued a document pursuant to FFDCA section 408(d)(3), 21 U.S.C. 346a(d)(3), announcing the filing of two pesticide petitions: PP 6E8526 by Interregional Research Project Number 4 (IR-4), Rutgers, State University of New Jersey, 681 U.S. Highway No. 1, S. North New Brunswick, NJ 08902; and PP 7F8548 by Valent BioSciences LLC (Valent), 870 Technology Way, Libertyville, IL 60048. Petition 6E8526 requested that 40 CFR part 180 be amended by establishing a tolerance for residues of the plant growth regulator 6-benzyladenine, in or on avocados at 0.05 parts per million (ppm). Petition 7F8548 requested amendment of the current exemption from the requirement of tolerance for residues of 6-benzyladenine, 40 CFR 180.1150, to add fruiting vegetables (tomatoes and peppers) and cucurbit vegetables (cucumbers, melons, and squash). That document referenced summaries of the petitions prepared by Valent, the registrant, which are available in the respective dockets via, www.regulations.gov. Comments were received on the notice of filing, and the Agency's response can be found in Unit III.D. Based upon review of the data supporting each petition, EPA is establishing tolerance levels for 6-benzyladenine on avocados, tomatoes, peppers, cucumbers, melons and squash in one final rule. The reasons for these changes are explained in Part III.E. of this document. III. Final Rule A. EPA's Safety Determination 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. EPA must take into account the factors set forth in FFDCA section 408(b)(2)(C), which require EPA to give special consideration to exposure of infants and children to the pesticide chemical residue in establishing a tolerance or tolerance exemption 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 . . . .'' Additionally, FFDCA section 408(b)(2)(D) requires that EPA consider ``available information concerning the cumulative effects of a particular pesticide's residues and other substances that have a common mechanism of toxicity.'' EPA evaluated the available toxicological and exposure data on 6- benzyladenine and considered their validity, completeness, and reliability, as well as the relationship of this information to human risk. A summary of the data upon which EPA relied and its risk assessment based on those data can be found within the document [[Page 64029]] entitled ``Federal Food, Drug, and Cosmetic Act (FFDCA) Safety Assessment for Tolerances for Residues of 6-benzyladenine.'' This document, as well as other relevant information, is available in the docket for this action as described under ADDRESSES. The available data demonstrated that the predominant adverse effect from exposure to 6-benzyladenine was a significant reduction in body weight, including an increased susceptibility of body weight effects in fetuses and offspring. Despite these effects, EPA determined that reliable data show the safety of infants and children would be adequately protected if the Food Quality Protection Act (FQPA) safety factor was reduced to 1X. EPA conducted a quantitative aggregate risk assessment, taking into account chronic exposures to residues of 6- benzyladenine in food and drinking water (no residential exposures are anticipated) and concluded that risks do not exceed EPA's level of concern. Based upon its evaluation, EPA concludes that there is a reasonable certainty that no harm will result to the U.S. population, including infants and children, from aggregate exposure to residues of 6- benzyladenine. Therefore, tolerances are established for residues of 6- benzyladenine, in or on tomato, pepper, cucumber, melon, and squash at 0.01 ppm and in or on avocado at 0.02 ppm. B. Analytical Enforcement Methodology Adequate enforcement methodologies to quantitatively determine 6- benzyladenine residues by liquid chromatography/mass spectrometer/mass spectrometer (LC/MS/MS) (Meth-209, Determination of 6-Benzyladenine (6- BA) in Selected Fruiting Vegetable and Cucurbit Vegetable Raw Agricultural and Processed Commodities and Meth-210, Determination of 6-Benzyladenine (6-BA) in Selected Oily Crop Raw Agricultural Commodities) are available to enforce the tolerance expression. The methods 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]. C. 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 an MRL for 6-benzyladenine; however, Canada and the European Union (EU) have set default MRLs at 0.1 ppm (Canada) and 0.01 ppm (EU), respectively. D. Response to Comments One comment was received in response to each of the petitions. Each comment generally opposed pesticide residues on food; only one mentioned 6-benzyladenine by name. Neither comment was accompanied by any substantiation or data supporting a conclusion that the tolerances being established in this action do not meet the FFDCA safety standard. Although EPA recognizes that some individuals would oppose any use of pesticides on food, section 408 of the FFDCA authorizes EPA to set tolerances for residues of pesticide chemicals in or on food when it determines that the tolerance meets the safety standard imposed by that statute. EPA has made that determination for the 6-benzyladenine tolerances established by this final rule. E. Revisions to Petitioned-For Tolerance and Tolerance Exemption The applicant requested a tolerance for residues of 6-benzyladenine on avocado at 0.05 ppm. Based on available residue data and using the Organisation for Economic Co-operation and Development (OECD) calculator, EPA has determined that a tolerance for residues of 6- benzyladenine on avocado at 0.02 ppm is appropriate. In addition, the applicant requested to amend the current exemption, 40 CFR 180.1150, for residues of 6-benzyladenine by adding fruiting vegetables (tomatoes and peppers) and cucurbit vegetables (cucumbers, melons, and squash) at 20 parts per million (ppm) at a maximum of five applications (total 18.8 grams of active ingredient per acre per season) with a seven-day interval between applications. Due to the toxicological profile of the chemical and the measurable residues, EPA has concluded that a tolerance is the appropriate regulatory mechanism for covering residues of 6-benzyladenine under the FFDCA. Based on the available residue data and using the OECD calculator, EPA has determined that tolerances for residues of 6-benzyladenine on tomato, pepper, cucumber, melon, and squash at 0.01 ppm are appropriate. IV. Statutory and Executive Order Reviews This action establishes tolerances under FFDCA section 408(d) in response to a petition submitted to EPA. 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 tolerance in this action, 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. As a result, this action does not alter the relationships or distribution of power and responsibilities established by Congress in the preemption provisions of FFDCA section 408(n)(4). As such, EPA 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 [[Page 64030]] governments, or on the distribution of power and responsibilities among the various levels of government or between the Federal Government and Indian tribes. Thus, EPA 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 EPA's consideration of voluntary consensus standards pursuant to section 12(d) of the National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note). V. Congressional Review Act Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.), EPA 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: November 28, 2018. Richard P. Keigwin, Jr., Director, Office of Pesticide Programs. Therefore, 40 CFR chapter I is amended as follows: PART 180--[AMENDED] 0 1. The authority citation for part 180 continues to read as follows: Authority: 21 U.S.C. 321(q), 346a and 371. 0 2. Add Sec. 180.703 to subpart C to read as follows: Sec. 180.703 6-benzyladenine; tolerances for residues. (a) General. Tolerances are established for residues of the plant growth regulator, 6-benzyladenine in or on the commodities listed in the table below. Compliance with the tolerance levels specified in this paragraph is to be determined by measuring only 6-benzyladenine in or on the commodity. ------------------------------------------------------------------------ Parts per Commodity million ------------------------------------------------------------------------ Avocado..................................................... 0.02 Cucumber.................................................... 0.01 Melon....................................................... 0.01 Pepper...................................................... 0.01 Squash...................................................... 0.01 Tomato...................................................... 0.01 ------------------------------------------------------------------------ (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] [FR Doc. 2018-27047 Filed 12-12-18; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 83, No. 239 / Thursday, December 13, 2018 / Rules and Regulations 64027
authorized in section 110(k)(3) of the methods, under Executive Order 12898 November 16, 2017 by the Governor’s
Act, the EPA is approving these (59 FR 7629, February 16, 1994). designee.
certifications into the California SIP as In addition, the SIP is not approved (i) [Reserved]
proposed. to apply on any Indian reservation land (ii) Additional materials. (A) South
or in any other area where the EPA or Coast Air Quality Management District.
IV. Statutory and Executive Order (1) ‘‘Nonattainment New Source
an Indian tribe has demonstrated that a
Reviews Review (NSR) Compliance
tribe has jurisdiction. In those areas of
Under the CAA, the Administrator is Indian country, the rule does not have Demonstration for the 2008 Ozone
required to approve a SIP submission tribal implications and will not impose National Ambient Air Quality Standard
that complies with the provisions of the substantial direct costs on tribal (NAAQS),’’ adopted July 7, 2017.
Act and applicable Federal regulations. governments or preempt tribal law as (2) [Reserved]
42 U.S.C. 7410(k); 40 CFR 52.02(a). specified by Executive Order 13175 (65 (511) New additional materials for the
Thus, in reviewing SIP submissions, the FR 67249, November 9, 2000). following APCD’s were submitted on
EPA’s role is to approve state choices, June 19, 2018 by the Governor’s
The Congressional Review Act, 5
provided that they meet the criteria of designee.
U.S.C. 801 et seq., as added by the Small
the CAA. Accordingly, this action (i) [Reserved]
Business Regulatory Enforcement (ii) Additional materials. (A) San
merely approves state law as meeting Fairness Act of 1996, generally provides Joaquin Valley Air Pollution Control
Federal requirements and does not that before a rule may take effect, the District.
impose additional requirements beyond agency promulgating the rule must (1) ‘‘Certification that the San Joaquin
those imposed by state law. For that submit a rule report, which includes a Valley Unified Air Pollution Control
reason, this action: copy of the rule, to each House of the District’s Current NNSR Program
• Is not a significant regulatory action Congress and to the Comptroller General Addresses the 2008 Ozone NAAQS SIP
subject to review by the Office of of the United States. The EPA will Requirements Rule,’’ adopted April 19,
Management and Budget under submit a report containing this action 2018.
Executive Orders 12866 (58 FR 51735, and other required information to the (2) [Reserved]
October 4, 1993) and 13563 (76 FR 3821, U.S. Senate, the U.S. House of (B) Yolo-Solano Air Quality
January 21, 2011); Representatives, and the Comptroller Management District.
• Is not an Executive Order 13771 (82 General of the United States prior to (1) ‘‘Certification that Yolo-Solano’s
FR 9339, February 2, 2017) regulatory publication of the rule in the Federal Existing NNSR Program meets the 2008
action because SIP approvals are Register. A major rule cannot take effect Ozone NAAQS SIP Requirements Rule,’’
exempted under Executive Order 12866; until 60 days after it is published in the adopted March 14, 2018.
• Does not impose an information Federal Register. This action is not a (2) [Reserved]
collection burden under the provisions ‘‘major rule’’ as defined by 5 U.S.C. [FR Doc. 2018–26921 Filed 12–12–18; 8:45 am]
of the Paperwork Reduction Act (44 804(2). BILLING CODE 6560–50–P
U.S.C. 3501 et seq.);
List of Subjects in 40 CFR Part 52
• Is certified as not having a
significant economic impact on a Environmental protection, Air ENVIRONMENTAL PROTECTION
substantial number of small entities pollution control, Incorporation by AGENCY
under the Regulatory Flexibility Act (5 reference, Intergovernmental relations,
U.S.C. 601 et seq.); Nitrogen dioxide, Ozone, Reporting and 40 CFR Part 180
• Does not contain any unfunded recordkeeping requirements, Volatile
mandate or significantly or uniquely organic compounds. [EPA–HQ–OPP–2017–0288 and EPA–
affect small governments, as described HQ–OPP–2017–0283; FRL–9986–73]
Dated: October 24, 2018.
in the Unfunded Mandates Reform Act Michael Stoker,
of 1995 (Pub. L. 104–4); 6-Benzyladenine; Pesticide Tolerances
Regional Administrator, Region IX.
• Does not have Federalism AGENCY: Environmental Protection
implications as specified in Executive Part 52, Chapter I, Title 40 of the Code Agency (EPA).
Order 13132 (64 FR 43255, August 10, of Federal Regulations is amended as
ACTION: Final rule.
1999); follows:
• Is not an economically significant SUMMARY: This regulation establishes
PART 52—APPROVAL AND tolerances for residues of 6-
regulatory action based on health or
PROMULGATION OF benzyladenine in or on avocados,
safety risks subject to Executive Order
IMPLEMENTATION PLANS peppers, tomatoes, cucumbers, melons,
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action ■ 1. The authority citation for Part 52
and squash. Interregional Research
subject to Executive Order 13211 (66 FR Project Number 4 and Valent
continues to read as follows:
28355, May 22, 2001); BioSciences LLC have requested these
Authority: 42 U.S.C. 7401 et seq.
• Is not subject to requirements of tolerances under the Federal Food,
Section 12(d) of the National Drug, and Cosmetic Act (FFDCA).
Subpart F—California
Technology Transfer and Advancement DATES: This regulation is effective
Act of 1995 (15 U.S.C. 272 note) because ■ 2. Section 52.220 is amended by December 13, 2018. Objections and
application of those requirements would adding paragraphs (c)(510) and (511) to requests for hearings must be received
be inconsistent with the Clean Air Act; read as follows: on or before February 11, 2019, and
amozie on DSK3GDR082PROD with RULES
and must be filed in accordance with the
• Does not provide the EPA with the § 52.220 Identification of plan—in part. instructions provided in 40 CFR part
discretionary authority to address, as * * * * * 178 (see also Unit I.C. of the
appropriate, disproportionate human (c) * * * SUPPLEMENTARY INFORMATION).
health or environmental effects, using (510) New additional materials for the ADDRESSES: The dockets for this action,
practicable and legally permissible following APCD was submitted on identified by docket identification (ID)
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![64030 Federal Register / Vol. 83, No. 239 / Thursday, December 13, 2018 / Rules and Regulations
governments, or on the distribution of Parts per particular community was suspended
Commodity
power and responsibilities among the million on the suspension date or for further
various levels of government or between information, contact Adrienne L.
the Federal Government and Indian Avocado ...................................... 0.02 Sheldon, PE, CFM, Federal Insurance
tribes. Thus, EPA has determined that Cucumber ................................... 0.01 and Mitigation Administration, Federal
Melon .......................................... 0.01
Executive Order 13132, entitled Pepper ........................................ 0.01
Emergency Management Agency, 400 C
‘‘Federalism’’ (64 FR 43255, August 10, Squash ........................................ 0.01 Street SW, Washington, DC 20472, (202)
1999), and Executive Order 13175, Tomato ........................................ 0.01 212–3966.
entitled ‘‘Consultation and Coordination SUPPLEMENTARY INFORMATION: The NFIP
with Indian Tribal Governments’’ (65 FR (b) Section 18 emergency exemptions. enables property owners to purchase
67249, November 9, 2000), do not apply [Reserved] Federal flood insurance that is not
to this action. In addition, this action (c) Tolerances with regional otherwise generally available from
does not impose any enforceable duty or registrations. [Reserved] private insurers. In return, communities
contain any unfunded mandate as (d) Indirect or inadvertent residues. agree to adopt and administer local
described under Title II of the Unfunded [Reserved] floodplain management measures aimed
Mandates Reform Act (UMRA) (2 U.S.C. at protecting lives and new construction
1501 et seq.). [FR Doc. 2018–27047 Filed 12–12–18; 8:45 am]
from future flooding. Section 1315 of
BILLING CODE 6560–50–P
This action does not involve any the National Flood Insurance Act of
technical standards that would require 1968, as amended, 42 U.S.C. 4022,
EPA’s consideration of voluntary prohibits the sale of NFIP flood
consensus standards pursuant to section DEPARTMENT OF HOMELAND insurance unless an appropriate public
12(d) of the National Technology SECURITY body adopts adequate floodplain
Transfer and Advancement Act management measures with effective
(NTTAA) (15 U.S.C. 272 note). Federal Emergency Management enforcement measures. The
Agency communities listed in this document no
V. Congressional Review Act
longer meet that statutory requirement
Pursuant to the Congressional Review 44 CFR Part 64 for compliance with program
Act (5 U.S.C. 801 et seq.), EPA will [Docket ID FEMA–2018–0002; Internal regulations, 44 CFR part 59.
submit a report containing this rule and Agency Docket No. FEMA–8559] Accordingly, the communities will be
other required information to the U.S. suspended on the effective date in the
Senate, the U.S. House of Suspension of Community Eligibility third column. As of that date, flood
Representatives, and the Comptroller insurance will no longer be available in
General of the United States prior to AGENCY: Federal Emergency
Management Agency, DHS. the community. We recognize that some
publication of the rule in the Federal of these communities may adopt and
Register. This action is not a ‘‘major ACTION: Final rule. submit the required documentation of
rule’’ as defined by 5 U.S.C. 804(2). legally enforceable floodplain
SUMMARY: This rule identifies
List of Subjects in 40 CFR Part 180 communities where the sale of flood management measures after this rule is
insurance has been authorized under published but prior to the actual
Environmental protection, suspension date. These communities
the National Flood Insurance Program
Administrative practice and procedure, will not be suspended and will continue
(NFIP) that are scheduled for
Agricultural commodities, Pesticides to be eligible for the sale of NFIP flood
suspension on the effective dates listed
and pests, Reporting and recordkeeping insurance. A notice withdrawing the
within this rule because of
requirements. suspension of such communities will be
noncompliance with the floodplain
Dated: November 28, 2018. management requirements of the published in the Federal Register.
Richard P. Keigwin, Jr., program. If the Federal Emergency In addition, FEMA publishes a Flood
Director, Office of Pesticide Programs. Management Agency (FEMA) receives Insurance Rate Map (FIRM) that
documentation that the community has identifies the Special Flood Hazard
Therefore, 40 CFR chapter I is Areas (SFHAs) in these communities.
amended as follows: adopted the required floodplain
management measures prior to the The date of the FIRM, if one has been
effective suspension date given in this published, is indicated in the fourth
PART 180—[AMENDED] column of the table. No direct Federal
rule, the suspension will not occur and
■ 1. The authority citation for part 180 a notice of this will be provided by financial assistance (except assistance
continues to read as follows: publication in the Federal Register on a pursuant to the Robert T. Stafford
subsequent date. Also, information Disaster Relief and Emergency
Authority: 21 U.S.C. 321(q), 346a and 371. Assistance Act not in connection with a
identifying the current participation
■ 2. Add § 180.703 to subpart C to read status of a community can be obtained flood) may be provided for construction
as follows: from FEMA’s Community Status Book or acquisition of buildings in identified
(CSB). The CSB is available at https:// SFHAs for communities not
§ 180.703 6-benzyladenine; tolerances for participating in the NFIP and identified
residues. www.fema.gov/national-flood-
insurance-program-community-status- for more than a year on FEMA’s initial
(a) General. Tolerances are book. FIRM for the community as having
established for residues of the plant flood-prone areas (section 202(a) of the
amozie on DSK3GDR082PROD with RULES
growth regulator, 6-benzyladenine in or DATES: The effective date of each Flood Disaster Protection Act of 1973,
on the commodities listed in the table community’s scheduled suspension is 42 U.S.C. 4106(a), as amended). This
below. Compliance with the tolerance the third date (‘‘Susp.’’) listed in the prohibition against certain types of
levels specified in this paragraph is to third column of the following tables. Federal assistance becomes effective for
be determined by measuring only 6- FOR FURTHER INFORMATION CONTACT: If the communities listed on the date
benzyladenine in or on the commodity. you want to determine whether a shown in the last column. The
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Document Created: 2018-12-13 01:15:55
Document Modified: 2018-12-13 01:15:55
| 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 December 13, 2018. Objections and requests for hearings must be received on or before February 11, 2019, 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 | Robert McNally, Biopesticides and Pollution Prevention Division (7511P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, | |
| FR Citation | 83 FR 64027 | |
| CFR Associated | Environmental Protection; Administrative Practice and Procedure; Agricultural Commodities; Pesticides and Pests and Reporting and Recordkeeping Requirements |
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