Triflumizole; Pesticide Tolerances for Emergency Exemptions, 49354-49358 [E6-13659]
Download as PDF
<![CDATA[
49354
Federal Register / Vol. 71, No. 163 / Wednesday, August 23, 2006 / Rules and Regulations
sroberts on PROD1PC70 with RULES
have federalism implications.’’ ‘‘Policies
that have federalism implications’’ is
defined in the Executive order to
include regulations that have
‘‘substantial direct effects on the States,
on the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government.’’ This final rule
directly regulates growers, food
processors, food handlers and food
retailers, not States. This action does not
alter the relationships or distribution of
power and responsibilities established
by Congress in the preemption
provisions of section 408(n)(4) of
FFDCA. For these same reasons, the
Agency has determined that this rule
does not have any ‘‘tribal implications’’
as described in Executive Order 13175,
entitled Consultation and Coordination
with Indian Tribal Governments (65 FR
67249, November 6, 2000). Executive
Order 13175, requires EPA to develop
an accountable process to ensure
‘‘meaningful and timely input by tribal
officials in the development of
regulatory policies that have tribal
implications.’’ ‘‘Policies that have tribal
implications’’ is defined in the
Executive order to include regulations
that have ‘‘substantial direct effects on
one or more Indian tribes, on the
relationship between the Federal
Government and the Indian tribes, or on
the distribution of power and
responsibilities between the Federal
Government and Indian tribes.’’ This
rule will not have substantial direct
effects on tribal governments, on the
relationship between the Federal
Government and Indian tribes, or on the
distribution of power and
responsibilities between the Federal
Government and Indian tribes, as
specified in Executive Order 13175.
Thus, Executive Order 13175 does not
apply to this rule.
VII. Congressional Review Act
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. 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 this final
rule in the Federal Register. This final
rule is not a ‘‘major rule’’ as defined by
5 U.S.C. 804(2).
VerDate Aug<31>2005
15:49 Aug 22, 2006
Jkt 208001
List of Subjects in 40 CFR Part 180
Environmental protection,
Administrative practice and procedure,
Agricultural commodities, Pesticides
and pests, Reporting and recordkeeping
requirements.
Dated: August 7, 2006.
Donald R. Stubbs,
Acting Director, Registration Division, Office
of Pesticide Programs.
Therefore, 40 CFR chapter I is
amended as follows:
I
PART 180—[AMENDED]
1. The authority citation for part 180
continues to read as follows:
I
Authority: 21 U.S.C. 321(q), 346a and 371.
2. Section 180.464 is amended by
alphabetically adding commodities to
the table in paragraph (a) to read as
follows:
I
§ 180.464
residues.
Dimethenamid; tolerances for
(a) * * *
Commodity
Parts per million
*
*
*
Leek
*
*
*
*
*
*
*
*
*
*
*
0.01
Onion, green
Onion, Welsh
*
*
0.01
0.01
*
Shallot, fresh leaves
*
*
*
0.01
[FR Doc. E6–13660 Filed 8–22–06; 8:45 am]
BILLING CODE 6560–50–S
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2006–0461; FRL–8078–1]
Triflumizole; Pesticide Tolerances for
Emergency Exemptions
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
SUMMARY: This regulation establishes
time-limited tolerances for combined
residues of triflumizole in or on turnip,
greens. Additionally, this regulation
increases the tolerance levels and
extends time–limited tolerances for
Chinese Napa cabbage, collards,
coriander leaves (cilantro), kale,
kohlrabi, mustard greens and parsley.
Further, this regulation extends time–
limited tolerances for broccoli,
PO 00000
Frm 00046
Fmt 4700
Sfmt 4700
dandelion and Swiss chard. This action
is in response to EPA’s granting of
emergency exemptions under section 18
of the Federal Insecticide, Fungicide,
and Rodenticide Act (FIFRA)
authorizing use of the pesticide on
parsley, dandelion, Swiss chard,
collards, kale, kohlrabi, mustard greens,
Chinese Napa cabbage, broccoli,
coriander leaves (cilantro), and turnip
greens. This regulation establishes,
revises, and/or extends a maximum
permissible level for residues of
triflumizole in these food commodities.
These tolerances expire and are revoked
on December 31, 2009.
DATES: This regulation is effective
August 23, 2006. Objections and
requests for hearings must be received
on or before October 23, 2006, 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: EPA has established a
docket for this action under docket
identification (ID) number EPA–HQ–
OPP–2006–0461. All documents in the
docket are listed on the regulations.gov
website. Although listed in the index,
some information is not publicly
available, e.g., Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either in the electronic docket
at https://www.regulations.gov, or, if only
available in hard copy, at the Office of
Pesticide Programs (OPP) Regulatory
Public Docket in Rm. S–4400, One
Potomac Yard (South Building), 2777 S.
Crystal Drive Arlington, VA. The hours
of operation of this Docket Facility are
from 8:30 a.m. to 4 p.m., Monday
through Friday, excluding legal
holidays. The Docket telephone number
is (703) 305–5805.
FOR FURTHER INFORMATION CONTACT:
Libby Pemberton, Registration Division
(7505P), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460–0001; telephone number:
(703) 308–9364; e–mail address: Sec–
18–Mailbox@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. Potentially
E:\FR\FM\23AUR1.SGM
23AUR1
Federal Register / Vol. 71, No. 163 / Wednesday, August 23, 2006 / Rules and Regulations
affected entities may include, but are
not limited to:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS
code 32532).
This listing is not intended to be
exhaustive, but rather provides a guide
for readers regarding entities likely to be
affected by this action. Other types of
entities not listed in this unit could also
be affected. The North American
Industrial Classification System
(NAICS) codes have been provided to
assist you and others in determining
whether this action might apply to
certain entities. If you have any
questions regarding the applicability of
this action to a particular entity, consult
the person listed under FOR FURTHER
INFORMATION CONTACT.
sroberts on PROD1PC70 with RULES
B. How Can I Access Electronic Copies
of this Document?
In addition to accessing an electronic
copy of this Federal Register document
through the electronic docket at https://
www.regulations.gov, you may access
this Federal Register document
electronically through the EPA Internet
under the ‘‘Federal Register’’ listings at
https://www.epa.gov/fedrgstr. You may
also access a frequently updated
electronic version of 40 CFR part 180
through the Government Printing
Office’s pilot e–CFR site at https://
www.gpoaccess.gov/ecfr.
C. Can I File an Objection or Hearing
Request?
Under section 408(g) of the FFDCA, as
amended by the FQPA, any person may
file an objection to any aspect of this
regulation and may also request a
hearing on those objections. The EPA
procedural regulations which govern the
submission of objections and requests
for hearings appear in 40 CFR part 178.
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–2006–0461 in the subject line on
the first page of your submission. All
requests must be in writing, and must be
mailed or delivered to the Hearing Clerk
on or before October 23, 2006.
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 that does not
contain any CBI for inclusion in the
public docket that is described in
ADDRESSES. Information not marked
VerDate Aug<31>2005
15:49 Aug 22, 2006
Jkt 208001
confidential pursuant to 40 CFR part 2
may be disclosed publicly by EPA
without prior notice. Submit your
copies, identified by docket ID number
EPA-HQ-OPP-2006-0461, by one of the
following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the on-line
instructions for submitting comments.
• Mail: Office of Pesticide Programs
(OPP) Regulatory Public Docket (7502P),
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460-0001.
• Delivery: OPP Regulatory Public
Docket (7502P), Environmental
Protection Agency, Rm. S-4400, One
Potomac Yard (South Building), 2777 S.
Crystal Drive, Arlington, VA. Deliveries
are only accepted during the Docket’s
normal hours of operation (8:30 a.m. to
4 p.m., Monday through Friday,
excluding legal holidays). Special
arrangements should be made for
deliveries of boxed information. The
Docket telephone number is (703) 3055805.
II. Background and Statutory Findings
EPA, on its own initiative, in
accordance with sections 408(e) and 408
(l)(6) of the Federal Food, Drug, and
Cosmetic Act (FFDCA), 21 U.S.C. 346a,
is establishing tolerances for combined
residues of the fungicide triflumizole,1(1-((4-chloro-2trifluoromethyl)phenyl)imino)-2propoxyethyl)-1H-imidazole, and its
metabolites containing the 4-chloro-2trifluoromethylaniline moiety,
calculated as the parent compound, in
or on turnip, greens at 20 parts per
million (ppm) and increasing the
tolerance levels in or on cabbage,
Chinese, Napa at 20 ppm; collards at 20
ppm; coriander, leaves at 20 ppm; kale
at 20 ppm; kohlrabi at 20 ppm; mustard,
greens at 20 ppm; and parsley, leaves at
20 ppm. Further, this regulation extends
time-limited tolerances for broccoli at
1.0 ppm; dandelion, leaves at 7.0 ppm
and Swiss chard at 7.0 ppm. These
tolerances expire and are revoked on
December 31, 2009. EPA will publish a
document in the Federal Register to
remove the revoked tolerances from the
Code of Federal Regulations (CFR).
Section 408(l)(6) of the FFDCA
requires EPA to establish a time-limited
tolerance or exemption from the
requirement for a tolerance for pesticide
chemical residues in food that will
result from the use of a pesticide under
an emergency exemption granted by
EPA under section 18 of FIFRA. Such
tolerances can be established without
providing notice or period for public
comment. EPA does not intend for its
actions on section 18 related tolerances
PO 00000
Frm 00047
Fmt 4700
Sfmt 4700
49355
to set binding precedents for the
application of section 408 of the FFDCA
and the new safety standard to other
tolerances and exemptions. Section
408(e) of the FFDCA allows EPA to
establish a tolerance or an exemption
from the requirement of a tolerance on
its own initiative, i.e., without having
received any petition from an outside
party.
Section 408(b)(2)(A)(i) of the 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 the 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 the 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. . . .’’
Section 18 of the FIFRA authorizes
EPA to exempt any Federal or State
agency from any provision of FIFRA, if
EPA determines that ‘‘emergency
conditions exist which require such
exemption.’’ This provision was not
amended by the Food Quality Protection
Act of 1996 (FQPA). EPA has
established regulations governing such
emergency exemptions in 40 CFR part
166.
III. Emergency Exemption for
Triflumizole on Parsley, Dandelion,
Swiss Chard, Collards, Kale, Kohlrabi,
Mustard Greens, Chinese Napa
Cabbage, Broccoli, Coriander Leaves
(Cilantro), and Turnip Greens and
FFDCA Tolerances
Texas has declared a crisis exemption
under FIFRA section 18 for the use of
triflumizole on parsley, dandelion,
Swiss chard, collards, kale, kohlrabi,
mustard greens, Chinese Napa cabbage,
broccoli, coriander leaves (cilantro), and
turnip greens for control of powdery
mildew. Texas states that the effective
control of powdery mildew over the 7090 day growing season requires two
additional applications of a systemic
pesticide beyond those permitted on the
currently registered alternative labels.
After having reviewed the submission,
E:\FR\FM\23AUR1.SGM
23AUR1
sroberts on PROD1PC70 with RULES
49356
Federal Register / Vol. 71, No. 163 / Wednesday, August 23, 2006 / Rules and Regulations
EPA concurs that emergency conditions
exist for this State.
As part of its assessment of this
emergency exemption, EPA assessed the
potential risks presented by residues of
triflumizole in or on parsley, dandelion,
Swiss chard, collards, kale, kohlrabi,
mustard greens, Chinese Napa cabbage,
broccoli, coriander leaves (cilantro), and
turnip greens. In doing so, EPA
considered the safety standard in
section 408(b)(2) of the FFDCA, and
EPA decided that the necessary
tolerances under section 408(l)(6) of the
FFDCA would be consistent with the
safety standard and with FIFRA section
18. Consistent with the need to move
quickly on the emergency exemptions in
order to address urgent non-routine
situations and to ensure that the
resulting foods are safe and lawful, EPA
is issuing these tolerances without
notice and opportunity for public
comment as provided in section
408(l)(6) of the FFDCA. Although these
tolerances expire and are revoked on
June 30, 2009, under section 408(l)(5) of
the FFDCA, residues of the pesticide not
in excess of the amounts specified in the
tolerances remaining in or on parsley,
dandelion, Swiss chard, collards, kale,
kohlrabi, mustard greens, Chinese Napa
cabbage, broccoli, coriander leaves
(cilantro), and turnip greens after that
date will not be unlawful, provided the
pesticide is applied in a manner that
was lawful under FIFRA, and the
residues do not exceed a level that was
authorized by these tolerances at the
time of that application. EPA will take
action to revoke these tolerances earlier
if any experience with, scientific data
on, or other relevant information on this
pesticide indicate that the residues are
not safe.
Because these tolerances are being
approved under emergency conditions,
EPA has not made any decisions about
whether triflumizole meets EPA’s
registration requirements for use on
parsley, dandelion, Swiss chard,
collards, kale, kohlrabi, mustard greens,
Chinese Napa cabbage, broccoli,
coriander leaves (cilantro), and turnip
greens or whether permanent tolerances
for these uses would be appropriate.
Under these circumstances, EPA does
not believe that these tolerances serve as
a basis for registration of triflumizole by
a State for special local needs under
FIFRA section 24(c). Nor do these
tolerances serve as the basis for any
State other than Texas to use this
pesticide on these crops under section
18 of FIFRA without following all
provisions of EPA’s regulations
implementing FIFRA section 18 as
identified in 40 CFR part 166. For
additional information regarding the
VerDate Aug<31>2005
15:49 Aug 22, 2006
Jkt 208001
emergency exemptions for triflumizole,
contact the Agency’s Registration
Division at the address provided under
FOR FURTHER INFORMATION CONTACT.
IV. Aggregate Risk Assessment and
Determination of Safety
EPA performs a number of analyses to
determine the risks from aggregate
exposure to pesticide residues. For
further discussion of the regulatory
requirements of section 408 of the
FFDCA and a complete description of
the risk assessment process, see https://
www.epa.gov/fedrgstr/EPA-PEST/1997/
November/Day-26/p30948.htm.
Consistent with section 408(b)(2)(D)
of the FFDCA , 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 triflumizole and to make
a determination on aggregate exposure,
consistent with section 408(b)(2) of the
FFDCA, for time-limited tolerances for
combined residues of triflumizole in or
on parsley, leaves at 20 ppm; dandelion,
leaves at 7.0 ppm; Swiss chard at 7.0
ppm; collards at 20 ppm; kale at 20
ppm; kohlrabi at 20 ppm; mustard,
greens at 20 ppm; Cabbage, Chinese,
Napa at 20 ppm; broccoli at 1.0 ppm;
coriander, leaves at 20 ppm; and turnip,
greens at 20 ppm. The most recent
estimated aggregate risks resulting from
the use of triflumizole are discussed in
the Federal Register for April 8, 2005
(70 FR 17908) (FRL–7701–6). This final
rule established time-limited tolerances
for residues of triflumizole in or on
parsley, leaves; dandelion, leaves; Swiss
chard; collards; kale; kohlrabi; mustard
greens; cabbage, Chinese, Napa;
broccoli; and coriander, leaves (cilantro)
in connection with a crisis exemption
declared by the state of Texas, December
21, 2004.
A new risk assessment was conducted
for the current action to include the
proposed use on turnip greens and due
to the submission of new residue
chemistry data and subsequent
necessary revision to the time-limited
tolerances on the aforementioned crops.
Refer to the April 8, 2005 Federal
Register document for a detailed
discussion of the aggregate risk
assessments and determination of
safety. Below is a brief summary of the
aspects of the risk assessment which are
affected by the change of tolerances.
EPA has evaluated the available
toxicity data and considered its validity,
completeness, and reliability as well as
the relationship of the results of the
studies to human risk. EPA has also
considered available information
concerning the variability of the
sensitivities of major identifiable
PO 00000
Frm 00048
Fmt 4700
Sfmt 4700
subgroups of consumers, including
infants and children. A summary of the
toxicological dose and endpoints for
triflumizole for use in human risk
assessment is discussed in Unit IV.A. of
the Federal Register of April 8, 2005 (70
FR 17908).
EPA assessed risk scenarios for
triflumizole under acute and chronic
aggregate exposure (food + drinking
water). Short-, intermediate-, and longterm aggregate risk assessments were
not performed because there are no
registered or proposed residential uses
for triflumizole. A cancer aggregate risk
assessment was not performed because
triflumizole is not carcinogenic.
The Dietary Exposure Evaluation
Model - Food Commodity Intake
Database (DEEM- FCIDTM) analysis
evaluated the individual food
consumption as reported by
respondents in the USDA 1994-1996,
1998 nationwide Continuing Surveys of
Food Intake by Individuals (CSFII) and
accumulated exposure to the chemical
for each commodity.
Acute dietary exposure assessments
were conducted for the general U.S.
population (including infants and
children) and females 13-49 years old
using tolerance level residues and 100%
crop treated (CT) information for all
registered and proposed uses). Drinking
water was incorporated directly in the
dietary assessment using the acute
(peak) concentration for surface water
generated by the FIRST model.
Using these exposure assessments, the
EPA concluded that triflumizole
exposure from food and water
consumption will utilize 9.3 % of the
aPAD for U.S. Population, 21% of the a
PAD for all infants less than 1 year old,
25% of the aPAD for children 1-2 years
old, the subpopulation at greatest
exposure and 17% of the aPAD for
females 13-49 years old. Therefore, EPA
does not expect the aggregate exposure
to exceed 100% of the aPAD.
A refined, chronic dietary exposure
assessment was performed for the
general U.S. population and various
population subgroups using anticipated
residues (ARs) from average field trial
residues for apple, grape, pear, cherry,
cucurbit, strawberry, and milk
commodities; registered and proposed
tolerance for all other commodities; %
CT information for apples, grapes and
pear commodities; and 100% CT
information for all other uses. Drinking
water was incorporated directly into the
dietary assessment using the chronic
(annual average) concentration for
surface water generated by the FIRST
model.
Using these exposure assumptions,
the EPA concluded that exposure to
E:\FR\FM\23AUR1.SGM
23AUR1
Federal Register / Vol. 71, No. 163 / Wednesday, August 23, 2006 / Rules and Regulations
triflumizole from food and water will
utilize 17% of the cPAD for the general
U.S. population, 24% of the cPAD for
all infants less that 1 year old and 31%
of the cPAD for children 1-2 years old,
the subpopulation at greatest exposure.
Therefore, EPA does not expect the
aggregate exposure to exceed 100% of
the cPAD.
V. Other Considerations
A. Analytical Enforcement Methodology
Adequate enforcement methodology
(gas chromatography(GC)/nitrogenphosphorus detector (NPD) method) has
been deemed acceptable as a tolerance
enforcement method. 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; e-mail address:
residuemethods@epa.gov.
B. International Residue Limits
There are no Codex, Canadian or
Mexican maximum residue limits
established for triflumizole residues in/
on crop commodities. Therefore, no
compatibility issues exist with regard to
the proposed U.S. tolerances discussed
in this risk assessment.
sroberts on PROD1PC70 with RULES
VI. Conclusion
Therefore, tolerances are established/
revised for combined residues of
triflumizole, 1- (1-((4-chloro-2(trifluoromethyl)phenyl)imino)-2propoxyethyl)-1H-imidazole, and its
metabolites containing the 4-chloro-2trifluoromethylaniline moiety,
calculated as the parent compound, in
or on parsley, leaves at 20 ppm;
dandelion, leaves at 7.0 ppm; Swiss
chard at 7.0 ppm; collards at 20 ppm;
kale at 20 ppm; kohlrabi at 20 ppm;
mustard, greens at 20 ppm; cabbage,
Chinese, Napa at 20 ppm; broccoli at 1.0
ppm; coriander, leaves at 20 ppm; and
turnip, greens at 20 ppm.
VII. Statutory and Executive Order
Reviews
This final rule establishes/revises
time-limited tolerances under section
408 of the FFDCA. 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 rule has been exempted
from review under Executive Order
12866 due to its lack of significance,
this rule is not subject to Executive
Order 13211, Actions Concerning
Regulations That Significantly Affect
Energy Supply, Distribution, or Use (66
FR 28355, May 22, 2001). This final rule
VerDate Aug<31>2005
15:49 Aug 22, 2006
Jkt 208001
does not contain any information
collections subject to OMB approval
under the Paperwork Reduction Act
(PRA), 44 U.S.C. 3501 et seq., or impose
any enforceable duty or contain any
unfunded mandate as described under
Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA) (Public
Law 104-4). 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); or OMB review or any Agency
action under Executive Order 13045,
entitled Protection of Children from
Environmental Health Risks and Safety
Risks (62 FR 19885, April 23, 1997).
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 of 1995
(NTTAA), Public Law 104-113, section
12(d) (15 U.S.C. 272 note). Since
tolerances and exemptions that are
established on the basis of a FIFRA
section 18 exemption under section 408
of the FFDCA, such as the [tolerance/
exemption] 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. [If this rule is
adopting a proposed rule add the
following sentence: The Agency hereby
certifies that this rule will not have
significant negative economic impact on
a substantial number of small entities.]
In addition, the Agency has determined
that this action will not have a
substantial direct effect on States, on the
relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132, entitled
Federalism (64 FR 43255, August 10,
1999). Executive Order 13132 requires
EPA to develop an accountable process
to ensure ‘‘meaningful and timely input
by State and local officials in the
development of regulatory policies that
have federalism implications.’’ ‘‘Policies
that have federalism implications’’ is
defined in the Executive order to
include regulations that have
‘‘substantial direct effects on the States,
on the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government.’’ This final rule
directly regulates growers, food
processors, food handlers, and food
PO 00000
Frm 00049
Fmt 4700
Sfmt 4700
49357
retailers, not States. This action does not
alter the relationships or distribution of
power and responsibilities established
by Congress in the preemption
provisions of section 408(n)(4) of the
FFDCA. For these same reasons, the
Agency has determined that this rule
does not have any ‘‘tribal implications’’
as described in Executive Order 13175,
entitled Consultation and Coordination
with Indian Tribal Governments (65 FR
67249, November 6, 2000). Executive
Order 13175, requires EPA to develop
an accountable process to ensure
‘‘meaningful and timely input by tribal
officials in the development of
regulatory policies that have tribal
implications.’’ ‘‘Policies that have tribal
implications’’ is defined in the
Executive order to include regulations
that have ‘‘substantial direct effects on
one or more Indian tribes, on the
relationship between the Federal
Government and the Indian tribes, or on
the distribution of power and
responsibilities between the Federal
Government and Indian tribes.’’ This
rule will not have substantial direct
effects on tribal governments, on the
relationship between the Federal
Government and Indian tribes, or on the
distribution of power and
responsibilities between the Federal
Government and Indian tribes, as
specified in Executive Order 13175.
Thus, Executive Order 13175 does not
apply to this rule.
VIII. Congressional Review Act
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. 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 this final
rule in the Federal Register. This final
rule 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.
E:\FR\FM\23AUR1.SGM
23AUR1
49358
Federal Register / Vol. 71, No. 163 / Wednesday, August 23, 2006 / Rules and Regulations
Dated: August 11, 2006.
Daniel J. Rosenblatt,
Acting Director, Registration Division, Office
of Pesticide Programs.
1. The authority citation for part 180
continues to read as follows:
I
Authority: 21 U.S.C. 321(q), 346a and 371.
Therefore, 40 CFR chapter I is
amended as follows:
I
*
*
*
[FR Doc. E6–13659 Filed 8–22–06; 8:45 am]
BILLING CODE 6560–50–S
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2005–0540; FRL–8086–9]
Azoxystrobin; Pesticide Tolerance
Environmental Protection
Agency (EPA).
ACTION: Final rule.
sroberts on PROD1PC70 with RULES
AGENCY:
SUMMARY: This regulation establishes
tolerances for combined residues of
azoxystrobin in or on vegetables, foliage
of legume, group 7; vegetables, fruiting,
group 8 (except tomato); pea and bean,
succulent shelled, subgroup 6B; pea and
bean, dried shelled, except soybean
subgroup, 6C; citrus, dried pulp; citrus,
oil; and fruit, citrus, Group 10.
Interregional Research Project Number 4
(IR-4) requested these tolerances under
the Federal Food, Drug, and Cosmetic
Act (FFDCA), as amended by the Food
Quality Protection Act of 1996 (FQPA).
EPA is also deleting several existing
tolerances that are no longer needed as
a result of this action.
DATES: This regulation is effective
August 23, 2006. Objections and
requests for hearings must be received
on or before October 23, 2006, 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: EPA has established a
docket for this action under docket
identification (ID) number EPA–HQ–
OPP–2005–0540. All documents in the
VerDate Aug<31>2005
17:06 Aug 22, 2006
Jkt 208001
*
(b) *
Parts per million
Broccoli ............................................................................................
Cabbage, chinese, napa ..................................................................
Collards ............................................................................................
Coriander, leaves .............................................................................
Dandelion, leaves ............................................................................
Kale ..................................................................................................
Kohlrabi ............................................................................................
Mustard, greens ...............................................................................
Parsley, leaves ................................................................................
Swiss chard .....................................................................................
Turnip, greens ..................................................................................
*
§ 180.476 Triflumizole; tolerances for
residues.
*
Commodity
*
2. Section 180.476 is amended, in
paragraph (b), by revising the table to
read as follows:
I
PART 180—[AMENDED]
1.0
20
20
20
7.0
20
20
20
20
7.0
20
FOR FURTHER INFORMATION CONTACT:
Barbara Madden, Registration Division
(7505P), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460-0001; telephone number:
(703) 305-6463; e-mail address:
madden.barbara@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. Potentially
affected entities may include, but are
not limited to:
• Crop production (NAICS 111), e.g.,
agricultural workers; greenhouse,
nursery, and floriculture workers;
farmers.
Frm 00050
Fmt 4700
Sfmt 4700
*
*
*
Expiration/revocation date
docket are listed in the index for the
docket. Although listed in the index,
some information is not publicly
available, e.g., Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available in the electronic docket at
https://www.regulations.gov, or, if only
available in hard copy, at the OPP
Regulatory Public Docket in Rm. S-4400,
One Potomac Yard (South Building),
2777 S. Crystal Drive, Arlington, VA.
The Docket Facility is open from 8:30
a.m. to 4 p.m., Monday through Friday,
excluding legal holidays. The Docket
telephone number is (703) 305-5805.
PO 00000
*
*
12/31/09
12/31/09
12/31/09
12/31/09
12/31/09
12/31/09
12/31/09
12/31/09
12/31/09
12/31/09
12/31/09
• Animal production (NAICS 112),
e.g., cattle ranchers and farmers, dairy
cattle farmers, livestock farmers.
• Food manufacturing (NAICS 311),
e.g., agricultural workers; farmers;
greenhouse, nursery, and floriculture
workers; ranchers; pesticide applicators.
• Pesticide manufacturing (NAICS
32532), e.g., agricultural workers;
commercial applicators; farmers;
greenhouse, nursery, and floriculture
workers; residential users.
This listing is not intended to be
exhaustive, but rather provides a guide
for readers regarding entities likely to be
affected by this action. Other types of
entities not listed in this unit could also
be affected. The North American
Industrial Classification System
(NAICS) codes have been provided to
assist you and others in determining
whether this action might apply to
certain entities. If you have any
questions regarding the applicability of
this action to a particular entity, consult
the person listed under FOR FURTHER
INFORMATION CONTACT.
B. How Can I Access Electronic Copies
of this Document?
In addition to accessing an electronic
copy of this Federal Register document
through the electronic docket at https://
www.regulations.gov, you may access
this Federal Register document
electronically through the EPA Internet
under the ‘‘Federal Register’’ listings at
https://www.epa.gov/fedrgstr. You may
also access a frequently updated
electronic version of 40 CFR part 180
through the Government Printing
Office’s pilot e-CFR site at https://
www.gpoaccess.gov/ecfr. To access the
OPPTS Harmonized Guidelines
referenced in this document, go directly
E:\FR\FM\23AUR1.SGM
23AUR1
]]>Agencies
[Federal Register Volume 71, Number 163 (Wednesday, August 23, 2006)]
[Rules and Regulations]
[Pages 49354-49358]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-13659]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[EPA-HQ-OPP-2006-0461; FRL-8078-1]
Triflumizole; Pesticide Tolerances for Emergency Exemptions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This regulation establishes time-limited tolerances for
combined residues of triflumizole in or on turnip, greens.
Additionally, this regulation increases the tolerance levels and
extends time-limited tolerances for Chinese Napa cabbage, collards,
coriander leaves (cilantro), kale, kohlrabi, mustard greens and
parsley. Further, this regulation extends time-limited tolerances for
broccoli, dandelion and Swiss chard. This action is in response to
EPA's granting of emergency exemptions under section 18 of the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA) authorizing use of
the pesticide on parsley, dandelion, Swiss chard, collards, kale,
kohlrabi, mustard greens, Chinese Napa cabbage, broccoli, coriander
leaves (cilantro), and turnip greens. This regulation establishes,
revises, and/or extends a maximum permissible level for residues of
triflumizole in these food commodities. These tolerances expire and are
revoked on December 31, 2009.
DATES: This regulation is effective August 23, 2006. Objections and
requests for hearings must be received on or before October 23, 2006,
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: EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPP-2006-0461. All documents in the
docket are listed on the regulations.gov website. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either in the electronic docket at https://
www.regulations.gov, or, if only available in hard copy, at the Office
of Pesticide Programs (OPP) Regulatory Public Docket in Rm. S-4400, One
Potomac Yard (South Building), 2777 S. Crystal Drive Arlington, VA. The
hours of operation of this Docket Facility are from 8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays. The Docket
telephone number is (703) 305-5805.
FOR FURTHER INFORMATION CONTACT: Libby Pemberton, Registration Division
(7505P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone
number: (703) 308-9364; e-mail address: Sec-18-Mailbox@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.
Potentially
[[Page 49355]]
affected entities may include, but are not limited to:
Crop production (NAICS code 111).
Animal production (NAICS code 112).
Food manufacturing (NAICS code 311).
Pesticide manufacturing (NAICS code 32532).
This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. If you have any
questions regarding the applicability of this action to a particular
entity, consult the person listed under FOR FURTHER INFORMATION
CONTACT.
B. How Can I Access Electronic Copies of this Document?
In addition to accessing an electronic copy of this Federal
Register document through the electronic docket at https://
www.regulations.gov, you may access this Federal Register document
electronically through the EPA Internet under the ``Federal Register''
listings at https://www.epa.gov/fedrgstr. You may also access a
frequently updated electronic version of 40 CFR part 180 through the
Government Printing Office's pilot e-CFR site at https://
www.gpoaccess.gov/ecfr.
C. Can I File an Objection or Hearing Request?
Under section 408(g) of the FFDCA, as amended by the FQPA, any
person may file an objection to any aspect of this regulation and may
also request a hearing on those objections. The EPA procedural
regulations which govern the submission of objections and requests for
hearings appear in 40 CFR part 178. 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-2006-0461 in the
subject line on the first page of your submission. All requests must be
in writing, and must be mailed or delivered to the Hearing Clerk on or
before October 23, 2006.
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 that does not contain any CBI for inclusion in the public
docket that is described in ADDRESSES. Information not marked
confidential pursuant to 40 CFR part 2 may be disclosed publicly by EPA
without prior notice. Submit your copies, identified by docket ID
number EPA-HQ-OPP-2006-0461, by one of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the on-line instructions for submitting comments.
Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Building), 2777 S. Crystal Drive, Arlington, VA. Deliveries are only
accepted during the Docket's normal hours of operation (8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays). Special
arrangements should be made for deliveries of boxed information. The
Docket telephone number is (703) 305-5805.
II. Background and Statutory Findings
EPA, on its own initiative, in accordance with sections 408(e) and
408 (l)(6) of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21
U.S.C. 346a, is establishing tolerances for combined residues of the
fungicide triflumizole,1-(1-((4-chloro-2-trifluoromethyl)phenyl)imino)-
2-propoxyethyl)-1H-imidazole, and its metabolites containing the 4-
chloro-2-trifluoromethylaniline moiety, calculated as the parent
compound, in or on turnip, greens at 20 parts per million (ppm) and
increasing the tolerance levels in or on cabbage, Chinese, Napa at 20
ppm; collards at 20 ppm; coriander, leaves at 20 ppm; kale at 20 ppm;
kohlrabi at 20 ppm; mustard, greens at 20 ppm; and parsley, leaves at
20 ppm. Further, this regulation extends time-limited tolerances for
broccoli at 1.0 ppm; dandelion, leaves at 7.0 ppm and Swiss chard at
7.0 ppm. These tolerances expire and are revoked on December 31, 2009.
EPA will publish a document in the Federal Register to remove the
revoked tolerances from the Code of Federal Regulations (CFR).
Section 408(l)(6) of the FFDCA requires EPA to establish a time-
limited tolerance or exemption from the requirement for a tolerance for
pesticide chemical residues in food that will result from the use of a
pesticide under an emergency exemption granted by EPA under section 18
of FIFRA. Such tolerances can be established without providing notice
or period for public comment. EPA does not intend for its actions on
section 18 related tolerances to set binding precedents for the
application of section 408 of the FFDCA and the new safety standard to
other tolerances and exemptions. Section 408(e) of the FFDCA allows EPA
to establish a tolerance or an exemption from the requirement of a
tolerance on its own initiative, i.e., without having received any
petition from an outside party.
Section 408(b)(2)(A)(i) of the 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 the 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 the 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. . .
.''
Section 18 of the FIFRA authorizes EPA to exempt any Federal or
State agency from any provision of FIFRA, if EPA determines that
``emergency conditions exist which require such exemption.'' This
provision was not amended by the Food Quality Protection Act of 1996
(FQPA). EPA has established regulations governing such emergency
exemptions in 40 CFR part 166.
III. Emergency Exemption for Triflumizole on Parsley, Dandelion, Swiss
Chard, Collards, Kale, Kohlrabi, Mustard Greens, Chinese Napa Cabbage,
Broccoli, Coriander Leaves (Cilantro), and Turnip Greens and FFDCA
Tolerances
Texas has declared a crisis exemption under FIFRA section 18 for
the use of triflumizole on parsley, dandelion, Swiss chard, collards,
kale, kohlrabi, mustard greens, Chinese Napa cabbage, broccoli,
coriander leaves (cilantro), and turnip greens for control of powdery
mildew. Texas states that the effective control of powdery mildew over
the 70-90 day growing season requires two additional applications of a
systemic pesticide beyond those permitted on the currently registered
alternative labels. After having reviewed the submission,
[[Page 49356]]
EPA concurs that emergency conditions exist for this State.
As part of its assessment of this emergency exemption, EPA assessed
the potential risks presented by residues of triflumizole in or on
parsley, dandelion, Swiss chard, collards, kale, kohlrabi, mustard
greens, Chinese Napa cabbage, broccoli, coriander leaves (cilantro),
and turnip greens. In doing so, EPA considered the safety standard in
section 408(b)(2) of the FFDCA, and EPA decided that the necessary
tolerances under section 408(l)(6) of the FFDCA would be consistent
with the safety standard and with FIFRA section 18. Consistent with the
need to move quickly on the emergency exemptions in order to address
urgent non-routine situations and to ensure that the resulting foods
are safe and lawful, EPA is issuing these tolerances without notice and
opportunity for public comment as provided in section 408(l)(6) of the
FFDCA. Although these tolerances expire and are revoked on June 30,
2009, under section 408(l)(5) of the FFDCA, residues of the pesticide
not in excess of the amounts specified in the tolerances remaining in
or on parsley, dandelion, Swiss chard, collards, kale, kohlrabi,
mustard greens, Chinese Napa cabbage, broccoli, coriander leaves
(cilantro), and turnip greens after that date will not be unlawful,
provided the pesticide is applied in a manner that was lawful under
FIFRA, and the residues do not exceed a level that was authorized by
these tolerances at the time of that application. EPA will take action
to revoke these tolerances earlier if any experience with, scientific
data on, or other relevant information on this pesticide indicate that
the residues are not safe.
Because these tolerances are being approved under emergency
conditions, EPA has not made any decisions about whether triflumizole
meets EPA's registration requirements for use on parsley, dandelion,
Swiss chard, collards, kale, kohlrabi, mustard greens, Chinese Napa
cabbage, broccoli, coriander leaves (cilantro), and turnip greens or
whether permanent tolerances for these uses would be appropriate. Under
these circumstances, EPA does not believe that these tolerances serve
as a basis for registration of triflumizole by a State for special
local needs under FIFRA section 24(c). Nor do these tolerances serve as
the basis for any State other than Texas to use this pesticide on these
crops under section 18 of FIFRA without following all provisions of
EPA's regulations implementing FIFRA section 18 as identified in 40 CFR
part 166. For additional information regarding the emergency exemptions
for triflumizole, contact the Agency's Registration Division at the
address provided under FOR FURTHER INFORMATION CONTACT.
IV. Aggregate Risk Assessment and Determination of Safety
EPA performs a number of analyses to determine the risks from
aggregate exposure to pesticide residues. For further discussion of the
regulatory requirements of section 408 of the FFDCA and a complete
description of the risk assessment process, see https://www.epa.gov/
fedrgstr/EPA-PEST/1997/November/Day-26/p30948.htm.
Consistent with section 408(b)(2)(D) of the FFDCA , 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 triflumizole and to make a determination on aggregate
exposure, consistent with section 408(b)(2) of the FFDCA, for time-
limited tolerances for combined residues of triflumizole in or on
parsley, leaves at 20 ppm; dandelion, leaves at 7.0 ppm; Swiss chard at
7.0 ppm; collards at 20 ppm; kale at 20 ppm; kohlrabi at 20 ppm;
mustard, greens at 20 ppm; Cabbage, Chinese, Napa at 20 ppm; broccoli
at 1.0 ppm; coriander, leaves at 20 ppm; and turnip, greens at 20 ppm.
The most recent estimated aggregate risks resulting from the use of
triflumizole are discussed in the Federal Register for April 8, 2005
(70 FR 17908) (FRL-7701-6). This final rule established time-limited
tolerances for residues of triflumizole in or on parsley, leaves;
dandelion, leaves; Swiss chard; collards; kale; kohlrabi; mustard
greens; cabbage, Chinese, Napa; broccoli; and coriander, leaves
(cilantro) in connection with a crisis exemption declared by the state
of Texas, December 21, 2004.
A new risk assessment was conducted for the current action to
include the proposed use on turnip greens and due to the submission of
new residue chemistry data and subsequent necessary revision to the
time-limited tolerances on the aforementioned crops. Refer to the April
8, 2005 Federal Register document for a detailed discussion of the
aggregate risk assessments and determination of safety. Below is a
brief summary of the aspects of the risk assessment which are affected
by the change of tolerances.
EPA has evaluated the available toxicity data and considered its
validity, completeness, and reliability as well as the relationship of
the results of the studies to human risk. EPA has also considered
available information concerning the variability of the sensitivities
of major identifiable subgroups of consumers, including infants and
children. A summary of the toxicological dose and endpoints for
triflumizole for use in human risk assessment is discussed in Unit
IV.A. of the Federal Register of April 8, 2005 (70 FR 17908).
EPA assessed risk scenarios for triflumizole under acute and
chronic aggregate exposure (food + drinking water). Short-,
intermediate-, and long-term aggregate risk assessments were not
performed because there are no registered or proposed residential uses
for triflumizole. A cancer aggregate risk assessment was not performed
because triflumizole is not carcinogenic.
The Dietary Exposure Evaluation Model - Food Commodity Intake
Database (DEEM- FCID\TM\) analysis evaluated the individual food
consumption as reported by respondents in the USDA 1994-1996, 1998
nationwide Continuing Surveys of Food Intake by Individuals (CSFII) and
accumulated exposure to the chemical for each commodity.
Acute dietary exposure assessments were conducted for the general
U.S. population (including infants and children) and females 13-49
years old using tolerance level residues and 100% crop treated (CT)
information for all registered and proposed uses). Drinking water was
incorporated directly in the dietary assessment using the acute (peak)
concentration for surface water generated by the FIRST model.
Using these exposure assessments, the EPA concluded that
triflumizole exposure from food and water consumption will utilize 9.3
% of the aPAD for U.S. Population, 21% of the a PAD for all infants
less than 1 year old, 25% of the aPAD for children 1-2 years old, the
subpopulation at greatest exposure and 17% of the aPAD for females 13-
49 years old. Therefore, EPA does not expect the aggregate exposure to
exceed 100% of the aPAD.
A refined, chronic dietary exposure assessment was performed for
the general U.S. population and various population subgroups using
anticipated residues (ARs) from average field trial residues for apple,
grape, pear, cherry, cucurbit, strawberry, and milk commodities;
registered and proposed tolerance for all other commodities; % CT
information for apples, grapes and pear commodities; and 100% CT
information for all other uses. Drinking water was incorporated
directly into the dietary assessment using the chronic (annual average)
concentration for surface water generated by the FIRST model.
Using these exposure assumptions, the EPA concluded that exposure
to
[[Page 49357]]
triflumizole from food and water will utilize 17% of the cPAD for the
general U.S. population, 24% of the cPAD for all infants less that 1
year old and 31% of the cPAD for children 1-2 years old, the
subpopulation at greatest exposure. Therefore, EPA does not expect the
aggregate exposure to exceed 100% of the cPAD.
V. Other Considerations
A. Analytical Enforcement Methodology
Adequate enforcement methodology (gas chromatography(GC)/nitrogen-
phosphorus detector (NPD) method) has been deemed acceptable as a
tolerance enforcement method. 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; e-mail
address: residuemethods@epa.gov.
B. International Residue Limits
There are no Codex, Canadian or Mexican maximum residue limits
established for triflumizole residues in/on crop commodities.
Therefore, no compatibility issues exist with regard to the proposed
U.S. tolerances discussed in this risk assessment.
VI. Conclusion
Therefore, tolerances are established/revised for combined residues
of triflumizole, 1- (1-((4-chloro-2-(trifluoromethyl)phenyl)imino)-2-
propoxyethyl)-1H-imidazole, and its metabolites containing the 4-
chloro-2-trifluoromethylaniline moiety, calculated as the parent
compound, in or on parsley, leaves at 20 ppm; dandelion, leaves at 7.0
ppm; Swiss chard at 7.0 ppm; collards at 20 ppm; kale at 20 ppm;
kohlrabi at 20 ppm; mustard, greens at 20 ppm; cabbage, Chinese, Napa
at 20 ppm; broccoli at 1.0 ppm; coriander, leaves at 20 ppm; and
turnip, greens at 20 ppm.
VII. Statutory and Executive Order Reviews
This final rule establishes/revises time-limited tolerances under
section 408 of the FFDCA. 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 rule has been exempted from review under Executive
Order 12866 due to its lack of significance, this rule is not subject
to Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use (66 FR 28355,
May 22, 2001). This final rule does not contain any information
collections subject to OMB approval under the Paperwork Reduction Act
(PRA), 44 U.S.C. 3501 et seq., or impose any enforceable duty or
contain any unfunded mandate as described under Title II of the
Unfunded Mandates Reform Act of 1995 (UMRA) (Public Law 104-4). 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);
or OMB review or any Agency action under Executive Order 13045,
entitled Protection of Children from Environmental Health Risks and
Safety Risks (62 FR 19885, April 23, 1997). 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 of 1995 (NTTAA),
Public Law 104-113, section 12(d) (15 U.S.C. 272 note). Since
tolerances and exemptions that are established on the basis of a FIFRA
section 18 exemption under section 408 of the FFDCA, such as the
[tolerance/exemption] 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. [If this rule is adopting a
proposed rule add the following sentence: The Agency hereby certifies
that this rule will not have significant negative economic impact on a
substantial number of small entities.] In addition, the Agency has
determined that this action will not have a substantial direct effect
on States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132,
entitled Federalism (64 FR 43255, August 10, 1999). Executive Order
13132 requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive order to include regulations that have ``substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.'' This final
rule directly regulates growers, food processors, food handlers, and
food retailers, not States. This action does not alter the
relationships or distribution of power and responsibilities established
by Congress in the preemption provisions of section 408(n)(4) of the
FFDCA. For these same reasons, the Agency has determined that this rule
does not have any ``tribal implications'' as described in Executive
Order 13175, entitled Consultation and Coordination with Indian Tribal
Governments (65 FR 67249, November 6, 2000). Executive Order 13175,
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' ``Policies that have tribal
implications'' is defined in the Executive order to include regulations
that have ``substantial direct effects on one or more Indian tribes, on
the relationship between the Federal Government and the Indian tribes,
or on the distribution of power and responsibilities between the
Federal Government and Indian tribes.'' This rule will not have
substantial direct effects on tribal governments, on the relationship
between the Federal Government and Indian tribes, or on the
distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified in Executive Order 13175.
Thus, Executive Order 13175 does not apply to this rule.
VIII. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. 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 this final rule in the Federal Register. This final
rule 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.
[[Page 49358]]
Dated: August 11, 2006.
Daniel J. Rosenblatt,
Acting Director, Registration Division, Office of Pesticide Programs.
0
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. Section 180.476 is amended, in paragraph (b), by revising the table
to read as follows:
Sec. 180.476 Triflumizole; tolerances for residues.
* * * * *
(b) * * *
----------------------------------------------------------------------------------------------------------------
Commodity Parts per million Expiration/revocation date
----------------------------------------------------------------------------------------------------------------
Broccoli................................ 1.0 12/31/09
Cabbage, chinese, napa.................. 20 12/31/09
Collards................................ 20 12/31/09
Coriander, leaves....................... 20 12/31/09
Dandelion, leaves....................... 7.0 12/31/09
Kale.................................... 20 12/31/09
Kohlrabi................................ 20 12/31/09
Mustard, greens......................... 20 12/31/09
Parsley, leaves......................... 20 12/31/09
Swiss chard............................. 7.0 12/31/09
Turnip, greens.......................... 20 12/31/09
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. E6-13659 Filed 8-22-06; 8:45 am]
BILLING CODE 6560-50-S
