Trinexapac-ethyl; Pesticide Tolerances, 60917-60919 [2012-24646]
Download as PDF
60917
Federal Register / Vol. 77, No. 194 / Friday, October 5, 2012 / Rules and Regulations
TABLE 7—EPA-APPROVED WASHOE COUNTY REGULATIONS
District effective date
District citation
Title/subject
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030.218 ............
*
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‘‘Demonstration of Compliance’’ .........
*
06/28/12
030.230 ............
‘‘Record Keeping’’ ...............................
06/28/12
030.235 ............
‘‘Requirements for Source Sampling
and Testing’’.
06/28/12
*
030.970A ..........
*
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‘‘Part 70 Permit Monitoring and Compliance’’.
*
06/28/12
*
*
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[FR Doc. 2012–24527 Filed 10–4–12; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2010–0524; FRL–9363–4]
RIN 2070–ZA16
Trinexapac-ethyl; Pesticide Tolerances
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation establishes
tolerances for residues of trinexapacethyl in or on multiple commodities and
modifies existing tolerance levels and
commodity definitions for trinexapacethyl, which are identified and
discussed later in this document. EPA
proposed these tolerances and noted
amendments under the Federal Food,
Drug, and Cosmetic Act (FFDCA) in
order to correct inadvertent errors in the
final rule tolerance table for trinexapacethyl that published in the Federal
Register on March 2, 2012.
DATES: This regulation is effective
October 5, 2012. Objections and
requests for hearings must be received
on or before December 4, 2012, and
must be filed in accordance with the
instructions provided in 40 CFR part
178 (see also Unit I.C. of the
SUPPLEMENTARY INFORMATION).
ADDRESSES: The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2010–0524, is
available at https://www.regulations.gov
or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket)
pmangrum on DSK3VPTVN1PROD with RULES
SUMMARY:
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EPA approval date
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10/05/12 [Insert Federal
page number where the
begins].
10/05/12 [Insert Federal
page number where the
begins.
10/05/12 [Insert Federal
page number where the
begins].
*
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).
Fmt 4700
*
Submitted on 08/30/12.
Register
document
Submitted on 08/30/12.
Register
document
*
I. General Information
Frm 00035
*
Register
document
*
*
10/05/12 [Insert Federal Register
page number where the document
begins].
in the Environmental Protection Agency
Docket Center (EPA/DC), EPA West
Bldg., Rm. 3334, 1301 Constitution Ave.
NW., Washington, DC 20460–0001. The
Public Reading Room is open from 8:30
a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The
telephone number for the Public
Reading Room is (202) 566–1744, and
the telephone number for the OPP
Docket is (703) 305–5805. Please review
the visitor instructions and additional
information about the docket available
at https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
Bethany Benbow, Registration Division
(7505P), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington,
DC 20460–0001; telephone number:
(703) 347–8072; email address: benbow.
bethany@epa.gov.
SUPPLEMENTARY INFORMATION:
PO 00000
Additional explanation
Sfmt 4700
*
*
*
B. How can I get electronic access to
other related information?
You may access a frequently updated
electronic version of EPA’s tolerance
regulations at 40 CFR part 180 through
the Government Printing Office’s e-CFR
site at https://ecfr.gpoaccess.gov/cgi/t/
text/text-idx?&c=ecfr&tpl=/ecfrbrowse/
Title40/40tab_02.tpl.
C. How can I file an objection or hearing
request?
Under FFDCA section 408(g), 21
U.S.C. 346a, any person may file an
objection to any aspect of this regulation
and may also request a hearing on those
objections. You must file your objection
or request a hearing on this regulation
in accordance with the instructions
provided in 40 CFR part 178. To ensure
proper receipt by EPA, you must
identify docket ID number EPA–HQ–
OPP–2010–0524 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 December 4, 2012. 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 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 nonCBI copy of your objection or hearing
request, identified by docket ID number
EPA–HQ–OPP–2010–0524, by one of
the following methods:
E:\FR\FM\05OCR1.SGM
05OCR1
60918
Federal Register / Vol. 77, No. 194 / Friday, October 5, 2012 / Rules and Regulations
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute.
• Mail: OPP Docket, Environmental
Protection Agency Docket Center (EPA/
DC), (28221T), 1200 Pennsylvania Ave.
NW., Washington, DC 20460–0001.
• Hand Delivery: To make special
arrangements for hand delivery or
delivery of boxed information, please
follow the instructions at https://www.
epa.gov/dockets/contacts.htm.
Additional instructions on commenting
or visiting the docket, along with more
information about dockets generally, is
available at https://www.epa.gov/
dockets.
pmangrum on DSK3VPTVN1PROD with RULES
II. Background
In the Federal Register of July 13,
2012 (77 FR 41346) (FRL–9353–9), EPA
issued a proposed rule pursuant to
FFDCA section 408(e), 21 U.S.C. 346a
(d)(3). The Agency-initiated rule
proposed that 40 CFR 180.662 be
amended by establishing tolerances for
trinexapac-ethyl in or on barley, bran at
2.5 ppm; sugarcane, molasses at 2.5
ppm; and wheat, bran at 6.0 ppm. The
rule also proposed amending the
existing trinexapac-ethyl tolerances for
wheat, forage from 1.5 to 1.0 ppm and
wheat, middlings from 6.5 to 10.5 ppm,
as well as changing the existing
commodity definition for ‘‘hog, kidney’’
to ‘‘hog, meat by-products’’ in order to
correct inadvertent errors in the final
rule tolerance table for trinexapac-ethyl
that was published in the Federal
Register on March 2, 2012 (77 FR
12740) (FRL–9337–9). The proposed
rule included a summary of the
exposure assessment prepared by the
Agency and explained the basis for
EPA’s conclusion that there is a
reasonable certainty that no harm will
result to the general population or to
infants and children, as a result of
aggregate exposure to trinexapac-ethyl
residues. A comment was received in
response to the proposed rule. EPA’s
response to that comment is discussed
below in Unit III.
III. Response to Comment
An anonymous citizen objected to the
presence of any pesticide residues on
food. The Agency understands the
commenter’s concerns and recognizes
that some individuals believe that
pesticides should be banned
completely. However, the existing legal
framework provided by section 408 of
the Federal Food, Drug and Cosmetic
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Act (FFDCA) contemplates that
tolerances greater than zero may be set
when persons seeking such tolerances
or exemptions have demonstrated that
the pesticide meets the safety standard
imposed by that statute. This citizen’s
comment appears to be directed at the
underlying statute and not EPA’s
implementation of it; the citizen has
made no contention that EPA has acted
in violation of the statutory framework.
IV. Conclusion
Given that EPA received no
meaningful comment on its proposal
and based on the information, analysis,
and conclusions in the July 13, 2012
proposal (77 FR 41346) (FRL–9353–9),
tolerances are established, as proposed,
for residues of trinexapac-ethyl, in or on
barley, bran at 2.5 ppm; sugarcane,
molasses at 2.5 ppm; and wheat, bran at
6.0 ppm. In addition, as proposed, the
tolerance level for wheat, forage is
revised from 1.5 to 1.0 ppm, the
tolerance level for wheat, middlings is
revised from 6.5 to 10.5 ppm and the
commodity definition, ‘‘hog, kidney’’ is
revised to ‘‘hog, meat by-products.’’
V. Statutory and Executive Order
Reviews
This final rule establishes tolerances
under FFDCA section 408(d) on EPA’s
own initiative. 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 final rule has been
exempted from review under Executive
Order 12866, this final rule is not
subject to Executive Order 13211,
entitled ‘‘Actions Concerning
Regulations That Significantly Affect
Energy Supply, Distribution, or Use’’ (66
FR 28355, May 22, 2001) or Executive
Order 13045, entitled ‘‘Protection of
Children from Environmental Health
Risks and Safety Risks’’ (62 FR 19885,
April 23, 1997). This 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.), 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).
Pursuant to the Regulatory Flexibility
Act (RFA) (5 U.S.C. 601 et seq.), the
Agency hereby certifies that these
proposed tolerances will not have
significant negative economic impact on
a substantial number of small entities.
PO 00000
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Establishing a pesticide tolerance or an
exemption from the requirement of a
pesticide tolerance is, in effect, the
removal of a regulatory restriction on
pesticide residues in food, and thus
such an action will not have any
negative economic impact on any
entities, including small entities.
This final rule directly regulates
growers, food processors, food handlers,
and food retailers, not States or tribes,
nor does this action alter the
relationships or distribution of power
and responsibilities established by
Congress in the preemption provisions
of FFDCA section 408(n)(4). As such,
the Agency has determined that this
action will not have a substantial direct
effect on States or tribal governments,
on the relationship between the national
government and the States or tribal
governments, or on the distribution of
power and responsibilities among the
various levels of government or between
the Federal Government and Indian
tribes. Thus, the Agency has determined
that Executive Order 13132, entitled
‘‘Federalism’’ (64 FR 43255, August 10,
1999) and Executive Order 13175,
entitled ‘‘Consultation and Coordination
with Indian Tribal Governments’’ (65 FR
67249, November 9, 2000) do not apply
to this final rule. In addition, this final
rule does not impose any enforceable
duty or contain any unfunded mandate
as described under Title II of the
Unfunded Mandates Reform Act of 1995
(UMRA) (2 U.S.C. 1501 et seq.).
This action does not involve any
technical standards that would require
Agency consideration of voluntary
consensus standards pursuant to section
12(d) of the National Technology
Transfer and Advancement Act of 1995
(NTTAA) (15 U.S.C. 272 note).
VI. Congressional Review Act
Pursuant to the Congressional Review
Act (5 U.S.C. 801 et seq.), EPA will
submit a report containing this rule and
other required information to the U.S.
Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
Register. This action is not a ‘‘major
rule’’ as defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 180
Environmental protection,
Administrative practice and procedure,
Agricultural commodities, Pesticides
and pests, Reporting and recordkeeping
requirements.
E:\FR\FM\05OCR1.SGM
05OCR1
Federal Register / Vol. 77, No. 194 / Friday, October 5, 2012 / Rules and Regulations
pmangrum on DSK3VPTVN1PROD with RULES
Dated: September 25, 2012.
Daniel J. Rosenblatt,
Acting Director, Registration Division, Office
of Pesticide Programs.
Act (RCRA). EPA has determined that
these changes satisfy all requirements
needed to qualify for final authorization,
and is authorizing the State’s changes
through this immediate final action.
Therefore, 40 CFR chapter I is
EPA is publishing this rule to authorize
amended as follows:
the changes without a prior proposal
because we believe this action is not
PART 180—[AMENDED]
controversial and do not expect
■ 1. The authority citation for part 180
comments that oppose it. Unless we
continues to read as follows:
receive written comments that oppose
this authorization during the comment
Authority: 21 U.S.C. 321(q), 346a and 371.
period, the decision to authorize
■ 2. In § 180.662, the table in paragraph
Tennessee’s changes to its hazardous
(a) is amended by:
waste program will take effect. If we
■ i. Alphabetically adding the following
receive comments that oppose this
commodities: ‘‘Barley, bran’’,
action, we will publish a document in
‘‘Sugarcane, molasses’’, and ‘‘Wheat,
the Federal Register withdrawing this
bran’’.
rule before it takes effect and a separate
■ ii. Removing the entry for ‘‘Hog,
document in the proposed rules section
kidney’’ and adding in alphabetical
of this Federal Register will serve as a
order an entry for ‘‘Hog, meat byproposal to authorize the changes.
products’’.
■ iii. Revising the entries for ‘‘Wheat,
DATES: This final authorization will
forage’’ and ‘‘Wheat, middlings’’.
become effective on December 4, 2012
unless EPA receives adverse written
The amendments read as follows:
comment by November 5, 2012. If EPA
§ 180.662 Trinexapac-ethyl; tolerances for
receives such comment, it will publish
residues.
a timely withdrawal of this immediate
(a) * * *
final rule in the Federal Register and
inform the public that this authorization
Parts per
will not take effect.
Commodity
million
ADDRESSES: Submit your comments,
Barley, bran ........................
2.5
identified by Docket ID No. EPA–R04–
RCRA–2012–0124 by one of the
*
*
*
*
*
following methods:
Hog, meat by-products .......
0.03
• Federal eRulemaking Portal: https://
www.regulations.gov: Follow the on-line
*
*
*
*
*
instructions for submitting comments.
Sugarcane, molasses .........
2.5
• Email: johnson.otis@epa.gov
Wheat, bran ........................
6.0
• Fax: (404) 562–9964 (prior to
Wheat, forage .....................
1.0
faxing, please notify the EPA contact
listed below).
*
*
*
*
*
Wheat, middlings ................
10.5
• Mail: Send written comments to
Otis Johnson, Permits and State
*
*
*
*
*
Programs Section, RCRA Programs and
Materials Management Branch, RCRA
*
*
*
*
*
Division, U.S. Environmental Protection
[FR Doc. 2012–24646 Filed 10–4–12; 8:45 am]
Agency, Atlanta Federal Center, 61
BILLING CODE 6560–50–P
Forsyth Street SW., Atlanta, Georgia
30303–8960.
• Hand Delivery or Courier. Deliver
ENVIRONMENTAL PROTECTION
your comments to Otis Johnson, Permits
AGENCY
and State Programs Section, RCRA
Programs and Materials Management
40 CFR Part 271
Branch, RCRA Division, U.S.
[EPA–R04–RCRA–2012–0124; FRL–9735–2]
Environmental Protection Agency,
Atlanta Federal Center, 61 Forsyth
Tennessee: Final Authorization of
Street SW., Atlanta, Georgia 30303–
State Hazardous Waste Management
8960.
Program Revisions
Instructions: We must receive your
comments by November 5, 2012. Please
AGENCY: Environmental Protection
refer to Docket Number EPA–R04–
Agency (EPA).
RCRA–2012–0124. Do not submit
ACTION: Immediate final rule.
information that you consider to be CBI
SUMMARY: Tennessee has applied to EPA or otherwise protected through
for final authorization of the changes to
www.regulations.gov or email. The Web
its hazardous waste program under the
site is an ‘‘anonymous access’’ system,
Resource Conservation and Recovery
which means EPA will not know your
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15:07 Oct 04, 2012
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60919
identity or contact information unless
you provide it in the body of your
comment. If you send an email
comment directly to EPA without going
through www.regulations.gov, your
email address will be automatically
captured and included as part of the
comment that is placed in the public
docket and made available on the
Internet. If you submit an electronic
comment, EPA recommends that you
include your name and other contact
information in the body of your
comment and with any disk or CD–ROM
you submit. If EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
EPA may not be able to consider your
comment. Electronic files should avoid
the use of special characters, any form
of encryption, and be free of any defects
or viruses.
You may view and copy Tennessee’s
application and associated publicly
available materials from 8 a.m. to 4 p.m.
at the following locations: EPA, Region
4, RCRA Division, Atlanta Federal
Center, 61 Forsyth Street SW., Atlanta,
Georgia 30303–8960, telephone number:
(404) 562–8483; and from 8 a.m. to 4:30
p.m. at the Tennessee Department of
Environment and Conservation,
Division of Solid Waste Management,
5th Floor, L & C Tower, 401 Church
Street, Nashville, Tennessee 37243–
1535; telephone number: (615) 562–
0780. Interested persons wanting to
examine these documents should make
an appointment with the office at least
a week in advance.
FOR FURTHER INFORMATION CONTACT: Otis
Johnson, Permits and State Programs
Section, RCRA Programs and Materials
Management Branch, RCRA Division,
U.S. Environmental Protection Agency,
Atlanta Federal Center, 61 Forsyth
Street SW., Atlanta, Georgia 30303–
8960; telephone number: (404) 562–
8481; fax number: (404) 562–9964;
email address: johnson.otis@epa.gov.
SUPPLEMENTARY INFORMATION:
A. Why are revisions to State programs
necessary?
States which have received final
authorization from EPA under RCRA
section 3006(b), 42 U.S.C. 6926(b), must
maintain a hazardous waste program
that is equivalent to, consistent with,
and no less stringent than the Federal
program. As the Federal program
changes, States must change their
programs and ask EPA to authorize the
changes. Changes to State programs may
be necessary when Federal or State
statutory or regulatory authority is
modified or when certain other changes
occur. Most commonly, States must
E:\FR\FM\05OCR1.SGM
05OCR1
Agencies
[Federal Register Volume 77, Number 194 (Friday, October 5, 2012)]
[Rules and Regulations]
[Pages 60917-60919]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-24646]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[EPA-HQ-OPP-2010-0524; FRL-9363-4]
RIN 2070-ZA16
Trinexapac-ethyl; Pesticide Tolerances
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This regulation establishes tolerances for residues of
trinexapac-ethyl in or on multiple commodities and modifies existing
tolerance levels and commodity definitions for trinexapac-ethyl, which
are identified and discussed later in this document. EPA proposed these
tolerances and noted amendments under the Federal Food, Drug, and
Cosmetic Act (FFDCA) in order to correct inadvertent errors in the
final rule tolerance table for trinexapac-ethyl that published in the
Federal Register on March 2, 2012.
DATES: This regulation is effective October 5, 2012. Objections and
requests for hearings must be received on or before December 4, 2012,
and must be filed in accordance with the instructions provided in 40
CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).
ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPP-2010-0524, is available at https://www.regulations.gov or at the Office of Pesticide Programs Regulatory
Public Docket (OPP Docket) in the Environmental Protection Agency
Docket Center (EPA/DC), EPA West Bldg., Rm. 3334, 1301 Constitution
Ave. NW., Washington, DC 20460-0001. The Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number for the Public Reading Room is (202)
566-1744, and the telephone number for the OPP Docket is (703) 305-
5805. Please review the visitor instructions and additional information
about the docket available at https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT: Bethany Benbow, Registration Division
(7505P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone
number: (703) 347-8072; email address: benbow.bethany@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
The following list of North American Industrial Classification System
(NAICS) codes is not intended to be exhaustive, but rather provides a
guide to help readers determine whether this document applies to them.
Potentially affected entities may include:
Crop production (NAICS code 111).
Animal production (NAICS code 112).
Food manufacturing (NAICS code 311).
Pesticide manufacturing (NAICS code 32532).
B. How can I get electronic access to other related information?
You may access a frequently updated electronic version of EPA's
tolerance regulations at 40 CFR part 180 through the Government
Printing Office's e-CFR site at https://ecfr.gpoaccess.gov/cgi/t/text/text-idx?&c=ecfr&tpl=/ecfrbrowse/Title40/40tab_02.tpl.
C. How can I file an objection or hearing request?
Under FFDCA section 408(g), 21 U.S.C. 346a, any person may file an
objection to any aspect of this regulation and may also request a
hearing on those objections. You must file your objection or request a
hearing on this regulation in accordance with the instructions provided
in 40 CFR part 178. To ensure proper receipt by EPA, you must identify
docket ID number EPA-HQ-OPP-2010-0524 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
December 4, 2012. 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 CBI) for inclusion in the public docket.
Information not marked confidential pursuant to 40 CFR part 2 may be
disclosed publicly by EPA without prior notice. Submit the non-CBI copy
of your objection or hearing request, identified by docket ID number
EPA-HQ-OPP-2010-0524, by one of the following methods:
[[Page 60918]]
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute.
Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC
20460-0001.
Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at https://www.epa.gov/dockets/contacts.htm.
Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at https://www.epa.gov/dockets.
II. Background
In the Federal Register of July 13, 2012 (77 FR 41346) (FRL-9353-
9), EPA issued a proposed rule pursuant to FFDCA section 408(e), 21
U.S.C. 346a (d)(3). The Agency-initiated rule proposed that 40 CFR
180.662 be amended by establishing tolerances for trinexapac-ethyl in
or on barley, bran at 2.5 ppm; sugarcane, molasses at 2.5 ppm; and
wheat, bran at 6.0 ppm. The rule also proposed amending the existing
trinexapac-ethyl tolerances for wheat, forage from 1.5 to 1.0 ppm and
wheat, middlings from 6.5 to 10.5 ppm, as well as changing the existing
commodity definition for ``hog, kidney'' to ``hog, meat by-products''
in order to correct inadvertent errors in the final rule tolerance
table for trinexapac-ethyl that was published in the Federal Register
on March 2, 2012 (77 FR 12740) (FRL-9337-9). The proposed rule included
a summary of the exposure assessment prepared by the Agency and
explained the basis for EPA's conclusion that there is a reasonable
certainty that no harm will result to the general population or to
infants and children, as a result of aggregate exposure to trinexapac-
ethyl residues. A comment was received in response to the proposed
rule. EPA's response to that comment is discussed below in Unit III.
III. Response to Comment
An anonymous citizen objected to the presence of any pesticide
residues on food. The Agency understands the commenter's concerns and
recognizes that some individuals believe that pesticides should be
banned completely. However, the existing legal framework provided by
section 408 of the Federal Food, Drug and Cosmetic Act (FFDCA)
contemplates that tolerances greater than zero may be set when persons
seeking such tolerances or exemptions have demonstrated that the
pesticide meets the safety standard imposed by that statute. This
citizen's comment appears to be directed at the underlying statute and
not EPA's implementation of it; the citizen has made no contention that
EPA has acted in violation of the statutory framework.
IV. Conclusion
Given that EPA received no meaningful comment on its proposal and
based on the information, analysis, and conclusions in the July 13,
2012 proposal (77 FR 41346) (FRL-9353-9), tolerances are established,
as proposed, for residues of trinexapac-ethyl, in or on barley, bran at
2.5 ppm; sugarcane, molasses at 2.5 ppm; and wheat, bran at 6.0 ppm. In
addition, as proposed, the tolerance level for wheat, forage is revised
from 1.5 to 1.0 ppm, the tolerance level for wheat, middlings is
revised from 6.5 to 10.5 ppm and the commodity definition, ``hog,
kidney'' is revised to ``hog, meat by-products.''
V. Statutory and Executive Order Reviews
This final rule establishes tolerances under FFDCA section 408(d)
on EPA's own initiative. 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 final rule has been exempted from review
under Executive Order 12866, this final rule is not subject to
Executive Order 13211, entitled ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR
28355, May 22, 2001) or Executive Order 13045, entitled ``Protection of
Children from Environmental Health Risks and Safety Risks'' (62 FR
19885, April 23, 1997). This 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.), 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).
Pursuant to the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et
seq.), the Agency hereby certifies that these proposed tolerances will
not have significant negative economic impact on a substantial number
of small entities. Establishing a pesticide tolerance or an exemption
from the requirement of a pesticide tolerance is, in effect, the
removal of a regulatory restriction on pesticide residues in food, and
thus such an action will not have any negative economic impact on any
entities, including small entities.
This final rule directly regulates growers, food processors, food
handlers, and food retailers, not States or tribes, nor does this
action alter the relationships or distribution of power and
responsibilities established by Congress in the preemption provisions
of FFDCA section 408(n)(4). As such, the Agency has determined that
this action will not have a substantial direct effect on States or
tribal governments, on the relationship between the national government
and the States or tribal governments, or on the distribution of power
and responsibilities among the various levels of government or between
the Federal Government and Indian tribes. Thus, the Agency has
determined that Executive Order 13132, entitled ``Federalism'' (64 FR
43255, August 10, 1999) and Executive Order 13175, entitled
``Consultation and Coordination with Indian Tribal Governments'' (65 FR
67249, November 9, 2000) do not apply to this final rule. In addition,
this final rule does not impose any enforceable duty or contain any
unfunded mandate as described under Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA) (2 U.S.C. 1501 et seq.).
This action does not involve any technical standards that would
require Agency consideration of voluntary consensus standards pursuant
to section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA) (15 U.S.C. 272 note).
VI. Congressional Review Act
Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.),
EPA will submit a report containing this rule and other required
information to the U.S. Senate, the U.S. House of Representatives, and
the Comptroller General of the United States prior to publication of
the rule in the Federal Register. This action is not a ``major rule''
as defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 180
Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.
[[Page 60919]]
Dated: September 25, 2012.
Daniel J. Rosenblatt,
Acting Director, Registration Division, Office of Pesticide Programs.
Therefore, 40 CFR chapter I is amended as follows:
PART 180--[AMENDED]
0
1. The authority citation for part 180 continues to read as follows:
Authority: 21 U.S.C. 321(q), 346a and 371.
0
2. In Sec. 180.662, the table in paragraph (a) is amended by:
0
i. Alphabetically adding the following commodities: ``Barley, bran'',
``Sugarcane, molasses'', and ``Wheat, bran''.
0
ii. Removing the entry for ``Hog, kidney'' and adding in alphabetical
order an entry for ``Hog, meat by-products''.
0
iii. Revising the entries for ``Wheat, forage'' and ``Wheat,
middlings''.
The amendments read as follows:
Sec. 180.662 Trinexapac-ethyl; tolerances for residues.
(a) * * *
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Barley, bran............................................ 2.5
* * * * *
Hog, meat by-products................................... 0.03
* * * * *
Sugarcane, molasses..................................... 2.5
Wheat, bran............................................. 6.0
Wheat, forage........................................... 1.0
* * * * *
Wheat, middlings........................................ 10.5
* * * * *
------------------------------------------------------------------------
* * * * *
[FR Doc. 2012-24646 Filed 10-4-12; 8:45 am]
BILLING CODE 6560-50-P