Extension of Tolerances for Emergency Exemptions (Multiple Chemicals), 74116-74119 [2012-30109]
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74116
Federal Register / Vol. 77, No. 240 / Thursday, December 13, 2012 / Rules and Regulations
costs on tribal governments or preempt
tribal law.
B. Submission to Congress and the
Comptroller General
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 action 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. A major rule
cannot take effect until 60 days after it
is published 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 52
Environmental protection, Air
pollution control, Incorporation by
reference, Nitrogen dioxide, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Applicable
geographic area
Name of non-regulatory SIP revision
*
*
2002 Base Year Emissions Inventory for
the 1997 fine particulate matter (PM2.5 )
standard.
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by February 11, 2013. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action
pertaining to the PM2.5 base year
emissions inventory for the PittsburghBeaver Valley 1997 PM2.5 nonattainment
area may not be challenged later in
proceedings to enforce its requirements.
(See section 307(b)(2).)
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BILLING CODE 6560–50–P
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Extension of Tolerances for
Emergency Exemptions (Multiple
Chemicals)
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation extends timelimited tolerances for the pesticides
listed in this document. These actions
are in response to EPA’s granting of
emergency exemptions under the
Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA) authorizing
use of these pesticides. The Federal
Food, Drug, and Cosmetic Act (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.
SUMMARY:
Frm 00014
2. In § 52.2020, the table in paragraph
(e)(1) is amended by adding at the end
of the table an entry for 2002 Base Year
Emissions Inventory for the 1997 fine
particulate matter (PM2.5) standard to
read as follows:
■
§ 52.2020
*
Identification of plan.
*
*
(e) * * *
(1) * * *
*
*
*
52.2036(p)
[EPA–HQ–OPP–2012–0825; FRL–9372–1]
PO 00000
Subpart NN—Pennsylvania
*
*
12/13/12 [Insert page number where the
document begins].
40 CFR Part 180
[FR Doc. 2012–29987 Filed 12–12–12; 8:45 am]
Authority: 42 U.S.C. 7401 et seq.
*
11/10/09
§ 52.2036
Base year emissions inventory.
1. The authority citation for part 52
continues to read as follows:
■
Additional
explanation
ENVIRONMENTAL PROTECTION
AGENCY
*
*
*
*
(p) EPA approves as a revision to the
Pennsylvania State Implementation Plan
the 2002 base year emissions inventory
for the Pittsburgh-Beaver Valley 1997
fine particulate matter (PM2.5)
nonattainment area submitted by the
Pennsylvania Department of
Environmental Protection on November
10, 2009. The base year emissions
inventory includes emissions estimates
that cover the general source categories
of point sources, area sources, on-road
mobile sources, and non-road mobile
sources. The pollutants that comprise
the inventory are PM2.5, coarse particles
(PM10), nitrogen oxides (NOX), volatile
organic compounds (VOCs), ammonia
(NH3), and sulfur dioxide (SO2).
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
EPA approval date
3. Section 52.2036 is amended by
adding paragraph (p) to read as follows:
*
40 CFR part 52 is amended as follows:
State submittal
date
*
Pittsburgh-Beaver
Valley, PA.
■
Dated: November 27, 2012.
W.C. Early,
Acting Regional Administrator, Region III.
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This regulation is effective
December 13, 2012. Objections and
requests for hearings must be received
on or before February 11, 2013], and
must be filed in accordance with the
instructions provided in 40 CFR part
178 (see also Unit I.C. of the
SUPPLEMENTARY INFORMATION).
DATES:
The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2012–0825, 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.
ADDRESSES:
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Federal Register / Vol. 77, No. 240 / Thursday, December 13, 2012 / Rules and Regulations
See
the table in this unit for the name of a
specific contact person. The following
FOR FURTHER INFORMATION CONTACT:
information applies to all contact
persons: Emergency Response Team,
Registration Division (7505P), Office of
Pesticide/CFR citation
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).
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B. How can I get electronic access to
other related information?
You may access a frequently updated
electronic version of 40 CFR part 180
through the Government Printing
Office’s e-CFR site at https://
ecfr.gpoaccess.gov/cgi/t/text/textidx?&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–2012–0825 in the subject line on
the first page of your submission. All
requests must be in writing, and must be
received by the Hearing Clerk on or
before February 11, 2013. Addresses for
mail and hand delivery of objections
and hearing requests are provided in 40
CFR 178.25(b).
In addition to filing an objection or
hearing request with the Hearing Clerk
as described in 40 CFR part 178, please
submit a copy of the filing (excluding
any Confidential Business Information
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Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania
Ave. NW., Washington, DC 20460–0001.
Contact person
1-Naphthaleneacetic acid 40 CFR 180.155 .............................................
Kasugamycin 40 CFR 180.614 ................................................................
Mandipropamid 40 CFR 180.637 .............................................................
SUPPLEMENTARY INFORMATION:
74117
Keri Grinstead, grinstead.keri@epa.gov, (703) 308–8373.
Keri Grinstead, grinstead.keri@epa.gov, (703) 308–8373.
Debra Rate, rate.debra@epa.gov, (703) 306–0309.
(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–
2012–0825, by one of the following
methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Do not submit electronically any
information you consider to be CBI or
other information whose disclosure is
restricted by statute.
• Mail: OPP Docket, Environmental
Protection Agency Docket Center (EPA/
DC), (28221T), 1200 Pennsylvania Ave.
NW., Washington, DC 20460–0001.
• Hand Delivery: To make special
arrangements for hand delivery or
delivery of boxed information, please
follow the instructions at 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 and Statutory Findings
EPA published final rules in the
Federal Register for each chemical
listed. The initial issuance of these final
rules announced that EPA, on its own
initiative, under FFDCA section 408, 21
U.S.C. 346a, was establishing timelimited tolerances.
EPA established the tolerances
because FFDCA section 408(l)(6)
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 FIFRA section 18. Such
tolerances can be established without
providing notice or time for public
comment.
EPA received requests to extend the
use of these chemicals for this year’s
growing season. After having reviewed
these submissions, EPA concurs that
emergency conditions exist. EPA
assessed the potential risks presented by
residues for each chemical. In doing so,
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EPA considered the safety standard in
FFDCA section 408(b)(2), and decided
that the necessary tolerance under
FFDCA section 408(l)(6) would be
consistent with the safety standard and
with FIFRA section 18.
The data and other relevant material
have been evaluated and discussed in
the final rules originally published to
support these uses. Based on that data
and information considered, the Agency
reaffirms that extension of these timelimited tolerances will continue to meet
the requirements of FFDCA section
408(l)(6). Therefore, each of these timelimited tolerances is extended until the
date specified below, when each will
expire and become automatically
revoked. EPA will publish a document
in the Federal Register to remove the
revoked tolerances from the Code of
Federal Regulations (CFR). Although
these tolerances will expire and are
revoked on the date listed, under
FFDCA section 408(l)(5), residues of the
pesticide not in excess of the amounts
specified in the tolerance remaining in
or on the commodity after that date will
not be unlawful, provided the residue is
present as a result of an application or
use of a pesticide at a time and in a
manner that was lawful under FIFRA,
the tolerance was in place at the time of
the application, and the residue does
not exceed the level that was authorized
by the tolerance. 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.
Tolerances for the use of the following
pesticide chemicals on specific
commodities are being extended:
1-Naphthaleneacetic acid. EPA has
authorized under FIFRA section 18 the
use of 1-naphthaleneacetic acid on
avocado tree limbs that have been
pruned or cut back to a stump to
suppress excess branch growth
(suckering) in California. This
regulation extends a time-limited
tolerance for the combined residues of
the plant growth regulator, 1naphthaleneacetic acid and its
conjugates calculated as 1naphthaleneacetic acid from the
application of 1-naphthaleneacetic acid,
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Federal Register / Vol. 77, No. 240 / Thursday, December 13, 2012 / Rules and Regulations
its ammonium, sodium, or potassium
salts, ethyl ester, and acetamide in or on
avocado at 0.05 ppm for an additional
3-year period. This tolerance will expire
and is revoked on December 31, 2015.
A time-limited tolerance was originally
published in the Federal Register of
August 12, 2009 (74 FR 40513) (FRL–
8428–3).
Kasugamycin. EPA has authorized
under FIFRA section 18 the use of
kasugamycin on apples for control of
fire blight in Michigan. This regulation
extends a time-limited tolerance for
residues of the fungicide kasugamycin
in or on apple at 0.05 ppm for an
additional 3-year period. This tolerance
will expire and is revoked on December
31, 2015. A time-limited tolerance was
originally published in the Federal
Register of April 14, 2010 (75 FR 19268)
(FRL–8808–7).
Mandipropamid. EPA has authorized
under FIFRA section 18 the use of
mandipropamid on basil for control of
downy mildew in Illinois. This
regulation extends a time-limited
tolerance for the combined residues of
the fungicide mandipropamid and its
metabolites in or on basil, fresh at 20
ppm and basil, dried at 240 ppm for an
additional 3-year period. These
tolerances will expire and are revoked
on December 31, 2015. A time-limited
tolerance was originally published in
the Federal Register of September 9,
2011 (76 FR 55799) (FRL–8886–8).
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III. International Residue Limits
In making its tolerance decisions, EPA
seeks to harmonize U.S. tolerances with
international standards whenever
possible, consistent with U.S. food
safety standards and agricultural
practices. EPA considers the
international maximum residue limits
(MRLs) established by the Codex
Alimentarius Commission (Codex), as
required by FFDCA section 408(b)(4).
The Codex Alimentarius is a joint
United Nations Food and Agriculture
Organization/World Health
Organization food standards program,
and it is recognized as an international
food safety standards-setting
organization in trade agreements to
which the United States is a party. EPA
may establish a tolerance that is
different from a Codex MRL; however,
FFDCA section 408(b)(4) requires that
EPA explain the reasons for departing
from the Codex level.
The Codex has not established a MRL
for 1-naphthaleneacetic acid in or on
avocados.
The Codex has not established a MRL
for kasugamycin in or on apples.
The Codex has not established MRLs
for mandipropamid in or on basil
commodities.
IV. Statutory and Executive Order
Reviews
This final rule establishes a tolerance
under FFDCA section 408(d) in
response to a petition submitted to the
Agency. The Office of Management and
Budget (OMB) has exempted these types
of actions from review under Executive
Order 12866, entitled ‘‘Regulatory
Planning and Review’’ (58 FR 51735,
October 4, 1993). Because this 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).
Since tolerances and exemptions that
are established on the basis of a petition
under FFDCA section 408(d), such as
the tolerance in this final rule, do not
require the issuance of a proposed rule,
the requirements of the Regulatory
Flexibility Act (RFA) (5 U.S.C. 601 et
seq.), do not apply.
This 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).
V. Congressional Review Act
Pursuant to the Congressional Review
Act (5 U.S.C. 801 et seq.), EPA will
submit a report containing this rule and
other required information to the U.S.
Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
Register. This action is not a ‘‘major
rule’’ as defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 180
Environmental protection,
Administrative practice and procedure,
Agricultural commodities, Pesticides
and pests, Reporting and recordkeeping
requirements.
Dated: December 7, 2012.
Lois Rossi,
Director, Registration Division, Office of
Pesticide Programs.
Therefore, 40 CFR chapter I is
amended as follows:
PART 180—[AMENDED]
1. The authority citation for part 180
continues to read as follows:
■
Authority: 21 U.S.C. 321(q), 346a and 371.
2. In § 180.155, revise the table in
paragraph (b) to read as follows:
■
§ 180.155 1-Naphthaleneacetic acid;
tolerances for residues.
*
*
*
(b) * * *
*
*
Commodity
Parts per
million
Expiration/revocation
date
Avocado .......................................................................................................................................................
0.05
12/31/15
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§ 180.614 Kasugamycin; tolerances for
residues.
*
*
*
*
*
3. In § 180.614, revise the table in
paragraph (b) to read as follows:
■
*
*
*
*
74119
(b) * * *
*
Commodity
Parts per
million
Expiration/revocation
date
Apple ............................................................................................................................................................
0.05
12/31/15
§ 180.637 Mandipropamid; tolerances for
residues.
*
*
*
*
*
4. In § 180.637, revise the table in
paragraph (b) to read as follows:
■
*
*
*
*
(b) * * *
*
Commodity
Parts per
million
Expiration/revocation
date
Basil, dried ...................................................................................................................................................
Basil, fresh ...................................................................................................................................................
240
20
12/31/15
12/31/15
*
*
*
*
*
The
snapper-grouper fishery of the South
Atlantic, which includes snowy
grouper, is managed under the Fishery
Management Plan for the SnapperGrouper Fishery of the South Atlantic
Region (FMP). The FMP was prepared
by the South Atlantic Fishery
Management Council and is
implemented under the authority of the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act) by regulations
at 50 CFR part 622.
SUPPLEMENTARY INFORMATION:
[FR Doc. 2012–30109 Filed 12–12–12; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 0907271173–0629–03]
RIN 0648–XC380
Snapper-Grouper Fishery of the South
Atlantic; 2012 Commercial
Accountability Measure and Closure
for South Atlantic Snowy Grouper
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS implements
accountability measures (AMs) for the
commercial sector for snowy grouper in
the South Atlantic exclusive economic
zone (EEZ). Commercial landings for
snowy grouper, as estimated by the
Science Research Director, are projected
to reach the commercial annual catch
limit (ACL) on December 19, 2012.
Therefore, NMFS closes the commercial
sector for snowy grouper on December
19, 2012, for the remainder of the 2012
fishing year. This action is necessary to
prevent overfishing of the South
Atlantic snowy grouper resource.
DATES: This rule is effective 12:01 a.m.,
local time, December 19, 2012, until
12:01 a.m., local time, January 1, 2013.
FOR FURTHER INFORMATION CONTACT:
Catherine Hayslip, telephone: 727–824–
5305, email:
Catherine.Hayslip@noaa.gov.
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SUMMARY:
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Background
The 2006 reauthorization of the
Magnuson-Stevens Act implemented
new requirements that ACLs and AMs
be established to end overfishing and
prevent overfishing from occurring.
ACLs are levels of annual catch of a
stock or stock complex that are set to
prevent overfishing from occurring.
AMs are management controls to
prevent ACLs from being exceeded, and
to correct or mitigate overages of the
ACL if they occur.
The final rule for Amendment 17B to
the FMP established ACLs for eight
snapper-grouper species undergoing
overfishing, including snowy grouper,
and AMs to be implemented if these
ACLs are projected to be reached,
reached, or exceeded (75 FR 82280,
December 30, 2010).
The commercial ACL (commercial
quota) for snowy grouper is 82,900 lb
(37,603 kg), gutted weight, for the
current fishing year, as specified in 50
CFR 622.42(e)(1).
The AMs for snowy grouper, specified
at 50 CFR 622.49(b)(2)(i), require NMFS
to close the commercial sector for
snowy grouper when the commercial
ACL (commercial quota) has been
reached, or is projected to be reached,
by filing a notification to that effect with
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the Office of the Federal Register. NMFS
has projected that the commercial ACL
(commercial quota) for South Atlantic
snowy grouper will be reached by
December 19, 2012. Accordingly, the
commercial sector for South Atlantic
snowy grouper is closed effective 12:01
a.m., local time, December 19, 2012,
until 12:01 a.m., local time, January 1,
2013.
The operator of a vessel with a valid
commercial vessel permit for South
Atlantic snapper-grouper having snowy
grouper onboard must have landed and
bartered, traded, or sold such snowy
grouper prior to 12:01 a.m., local time,
December 19, 2012. During this
commercial closure, the bag limit and
possession limits specified in 50 CFR
622.39(d)(1) and (d)(2), respectively,
apply to all harvest or possession of
snowy grouper in or from the South
Atlantic EEZ, and the sale or purchase
of snowy grouper taken from the EEZ is
prohibited. The prohibition on sale or
purchase does not apply to the sale or
purchase of snowy grouper that were
harvested, landed ashore, and sold prior
to 12:01 a.m., local time, December 19,
2012, and were held in cold storage by
a dealer or processor. During the
closure, the bag and possession limits
and the prohibition on sale/purchase
apply in the South Atlantic on board a
vessel for which a valid Federal
commercial or charter vessel/headboat
permit for South Atlantic snappergrouper has been issued, without regard
to where the fish were harvested, i.e., in
state or Federal waters, as specified in
50 CFR 622.43(a)(5)(ii).
Classification
The Regional Administrator,
Southeast Region, NMFS, has
determined this temporary rule is
necessary for the conservation and
management of South Atlantic snowy
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]]>Agencies
[Federal Register Volume 77, Number 240 (Thursday, December 13, 2012)]
[Rules and Regulations]
[Pages 74116-74119]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-30109]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[EPA-HQ-OPP-2012-0825; FRL-9372-1]
Extension of Tolerances for Emergency Exemptions (Multiple
Chemicals)
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This regulation extends time-limited tolerances for the
pesticides listed in this document. These actions are in response to
EPA's granting of emergency exemptions under the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA) authorizing use of these
pesticides. The Federal Food, Drug, and Cosmetic Act (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.
DATES: This regulation is effective December 13, 2012. Objections and
requests for hearings must be received on or before February 11, 2013],
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-2012-0825, 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.
[[Page 74117]]
FOR FURTHER INFORMATION CONTACT: See the table in this unit for the
name of a specific contact person. The following information applies to
all contact persons: Emergency Response Team, Registration Division
(7505P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave. NW., Washington, DC 20460-0001.
------------------------------------------------------------------------
Pesticide/CFR citation Contact person
------------------------------------------------------------------------
1-Naphthaleneacetic acid 40 CFR 180.155 Keri Grinstead,
grinstead.keri@epa.gov, (703)
308-8373.
Kasugamycin 40 CFR 180.614............. Keri Grinstead,
grinstead.keri@epa.gov, (703)
308-8373.
Mandipropamid 40 CFR 180.637........... Debra Rate, rate.debra@epa.gov,
(703) 306-0309.
------------------------------------------------------------------------
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
The following list of North American Industrial Classification System
(NAICS) codes is not intended to be exhaustive, but rather provides a
guide to help readers determine whether this document applies to them.
Potentially affected entities may include:
Crop production (NAICS code 111).
Animal production (NAICS code 112).
Food manufacturing (NAICS code 311).
Pesticide manufacturing (NAICS code 32532).
B. How can I get electronic access to other related information?
You may access a frequently updated electronic version of 40 CFR
part 180 through the Government Printing Office's e-CFR site at 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-2012-0825 in the subject line on the first
page of your submission. All requests must be in writing, and must be
received by the Hearing Clerk on or before February 11, 2013. Addresses
for mail and hand delivery of objections and hearing requests are
provided in 40 CFR 178.25(b).
In addition to filing an objection or hearing request with the
Hearing Clerk as described in 40 CFR part 178, please submit a copy of
the filing (excluding any Confidential Business Information (CBI)) for
inclusion in the public docket. Information not marked confidential
pursuant to 40 CFR part 2 may be disclosed publicly by EPA without
prior notice. Submit the non-CBI copy of your objection or hearing
request, identified by docket ID number EPA-HQ-OPP-2012-0825, by one of
the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be CBI or other
information whose disclosure is restricted by statute.
Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC
20460-0001.
Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at 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 and Statutory Findings
EPA published final rules in the Federal Register for each chemical
listed. The initial issuance of these final rules announced that EPA,
on its own initiative, under FFDCA section 408, 21 U.S.C. 346a, was
establishing time-limited tolerances.
EPA established the tolerances because FFDCA section 408(l)(6)
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 FIFRA section 18. Such tolerances can be
established without providing notice or time for public comment.
EPA received requests to extend the use of these chemicals for this
year's growing season. After having reviewed these submissions, EPA
concurs that emergency conditions exist. EPA assessed the potential
risks presented by residues for each chemical. In doing so, EPA
considered the safety standard in FFDCA section 408(b)(2), and decided
that the necessary tolerance under FFDCA section 408(l)(6) would be
consistent with the safety standard and with FIFRA section 18.
The data and other relevant material have been evaluated and
discussed in the final rules originally published to support these
uses. Based on that data and information considered, the Agency
reaffirms that extension of these time-limited tolerances will continue
to meet the requirements of FFDCA section 408(l)(6). Therefore, each of
these time-limited tolerances is extended until the date specified
below, when each will expire and become automatically revoked. EPA will
publish a document in the Federal Register to remove the revoked
tolerances from the Code of Federal Regulations (CFR). Although these
tolerances will expire and are revoked on the date listed, under FFDCA
section 408(l)(5), residues of the pesticide not in excess of the
amounts specified in the tolerance remaining in or on the commodity
after that date will not be unlawful, provided the residue is present
as a result of an application or use of a pesticide at a time and in a
manner that was lawful under FIFRA, the tolerance was in place at the
time of the application, and the residue does not exceed the level that
was authorized by the tolerance. 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.
Tolerances for the use of the following pesticide chemicals on
specific commodities are being extended:
1-Naphthaleneacetic acid. EPA has authorized under FIFRA section 18
the use of 1-naphthaleneacetic acid on avocado tree limbs that have
been pruned or cut back to a stump to suppress excess branch growth
(suckering) in California. This regulation extends a time-limited
tolerance for the combined residues of the plant growth regulator, 1-
naphthaleneacetic acid and its conjugates calculated as 1-
naphthaleneacetic acid from the application of 1-naphthaleneacetic
acid,
[[Page 74118]]
its ammonium, sodium, or potassium salts, ethyl ester, and acetamide in
or on avocado at 0.05 ppm for an additional 3-year period. This
tolerance will expire and is revoked on December 31, 2015. A time-
limited tolerance was originally published in the Federal Register of
August 12, 2009 (74 FR 40513) (FRL-8428-3).
Kasugamycin. EPA has authorized under FIFRA section 18 the use of
kasugamycin on apples for control of fire blight in Michigan. This
regulation extends a time-limited tolerance for residues of the
fungicide kasugamycin in or on apple at 0.05 ppm for an additional 3-
year period. This tolerance will expire and is revoked on December 31,
2015. A time-limited tolerance was originally published in the Federal
Register of April 14, 2010 (75 FR 19268) (FRL-8808-7).
Mandipropamid. EPA has authorized under FIFRA section 18 the use of
mandipropamid on basil for control of downy mildew in Illinois. This
regulation extends a time-limited tolerance for the combined residues
of the fungicide mandipropamid and its metabolites in or on basil,
fresh at 20 ppm and basil, dried at 240 ppm for an additional 3-year
period. These tolerances will expire and are revoked on December 31,
2015. A time-limited tolerance was originally published in the Federal
Register of September 9, 2011 (76 FR 55799) (FRL-8886-8).
III. International Residue Limits
In making its tolerance decisions, EPA seeks to harmonize U.S.
tolerances with international standards whenever possible, consistent
with U.S. food safety standards and agricultural practices. EPA
considers the international maximum residue limits (MRLs) established
by the Codex Alimentarius Commission (Codex), as required by FFDCA
section 408(b)(4). The Codex Alimentarius is a joint United Nations
Food and Agriculture Organization/World Health Organization food
standards program, and it is recognized as an international food safety
standards-setting organization in trade agreements to which the United
States is a party. EPA may establish a tolerance that is different from
a Codex MRL; however, FFDCA section 408(b)(4) requires that EPA explain
the reasons for departing from the Codex level.
The Codex has not established a MRL for 1-naphthaleneacetic acid in
or on avocados.
The Codex has not established a MRL for kasugamycin in or on
apples.
The Codex has not established MRLs for mandipropamid in or on basil
commodities.
IV. Statutory and Executive Order Reviews
This final rule establishes a tolerance under FFDCA section 408(d)
in response to a petition submitted to the Agency. The Office of
Management and Budget (OMB) has exempted these types of actions from
review under Executive Order 12866, entitled ``Regulatory Planning and
Review'' (58 FR 51735, October 4, 1993). Because this 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).
Since tolerances and exemptions that are established on the basis
of a petition under FFDCA section 408(d), such as the tolerance in this
final rule, do not require the issuance of a proposed rule, the
requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et
seq.), do not apply.
This 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).
V. Congressional Review Act
Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.),
EPA will submit a report containing this rule and other required
information to the U.S. Senate, the U.S. House of Representatives, and
the Comptroller General of the United States prior to publication of
the rule in the Federal Register. This action is not a ``major rule''
as defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 180
Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.
Dated: December 7, 2012.
Lois Rossi,
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. 180.155, revise the table in paragraph (b) to read as
follows:
Sec. 180.155 1-Naphthaleneacetic acid; tolerances for residues.
* * * * *
(b) * * *
------------------------------------------------------------------------
Parts per Expiration/revocation
Commodity million date
------------------------------------------------------------------------
Avocado......................... 0.05 12/31/15
------------------------------------------------------------------------
[[Page 74119]]
* * * * *
0
3. In Sec. 180.614, revise the table in paragraph (b) to read as
follows:
Sec. 180.614 Kasugamycin; tolerances for residues.
* * * * *
(b) * * *
------------------------------------------------------------------------
Parts per Expiration/revocation
Commodity million date
------------------------------------------------------------------------
Apple........................... 0.05 12/31/15
------------------------------------------------------------------------
* * * * *
0
4. In Sec. 180.637, revise the table in paragraph (b) to read as
follows:
Sec. 180.637 Mandipropamid; tolerances for residues.
* * * * *
(b) * * *
------------------------------------------------------------------------
Parts per Expiration/revocation
Commodity million date
------------------------------------------------------------------------
Basil, dried.................... 240 12/31/15
Basil, fresh.................... 20 12/31/15
------------------------------------------------------------------------
* * * * *
[FR Doc. 2012-30109 Filed 12-12-12; 8:45 am]
BILLING CODE 6560-50-P
