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 * 030.218 ............ * * ‘‘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 .......... * * ‘‘Part 70 Permit Monitoring and Compliance’’. * 06/28/12 * * * [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: VerDate Mar<15>2010 15:07 Oct 04, 2012 Jkt 229001 EPA approval date * 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 VerDate Mar<15>2010 15:07 Oct 04, 2012 Jkt 229001 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 Frm 00036 Fmt 4700 Sfmt 4700 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 VerDate Mar<15>2010 15:07 Oct 04, 2012 Jkt 229001 PO 00000 Frm 00037 Fmt 4700 Sfmt 4700 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
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.