Extension of Tolerances for Emergency Exemptions (Multiple Chemicals), 18141-18143 [2015-07624]
Download as PDF
Federal Register / Vol. 80, No. 64 / Friday, April 3, 2015 / Rules and Regulations
§ 80.1405 What are the Renewable Fuel
Standards?
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(d) The price for cellulosic biofuel
waiver credits will be calculated in
accordance with § 80.1456(d) and
published on EPA’s Web site.
■ 3. Section 80.1426 is amended by
revising paragraphs (f)(12) and (f)(14),
and adding paragraph (f)(17) to read as
follows:
§ 80.1426 How are RINs generated and
assigned to batches of renewable fuel by
renewable fuel producers or importers?
asabaliauskas on DSK5VPTVN1PROD with RULES
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(f) * * *
(12) For purposes of Table 1 of this
section, process heat produced from
combustion of gas at a renewable fuel
facility is considered derived from
biomass if the gas is biogas.
(i) For biogas directly transported to
the facility without being placed in a
commercial distribution system, all of
the following conditions must be met:
(A) The producer has entered into a
written contract for the procurement of
a specific volume of biogas with a
specific heat content.
(B) The volume of biogas was sold to
the renewable fuel production facility,
and to no other facility.
(C) The volume and heat content of
biogas injected into the pipeline and the
volume of gas used as process heat are
measured by continuous metering.
(ii) For biogas that has been gathered,
processed and injected into a common
carrier pipeline, all of the following
conditions must be met:
(A) The producer has entered into a
written contract for the procurement of
a specific volume of biogas with a
specific heat content.
(B) The volume of biogas was sold to
the renewable fuel production facility,
and to no other facility.
(C) The volume of biogas that is
withdrawn from the pipeline is
withdrawn in a manner and at a time
consistent with the transport of fuel
between the injection and withdrawal
points.
(D) The volume and heat content of
biogas injected into the pipeline and the
volume of gas used as process heat are
measured by continuous metering.
(E) The common carrier pipeline into
which the biogas is placed ultimately
serves the producer’s renewable fuel
facility.
(iii) The process heat produced from
combustion of gas at a renewable fuel
facility described in paragraph (f)(12)(i)
of this section shall not be considered
derived from biomass if any other party
VerDate Sep<11>2014
16:21 Apr 02, 2015
Jkt 235001
relied upon the contracted volume of
biogas for the creation of RINs.
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(14) A producer or importer of
renewable fuel using giant reed (Arundo
donax) or napier grass (Pennisetum
purpureum) as a feedstock may generate
RINs for that renewable fuel if:
(i) The feedstock is produced,
managed, transported, collected,
monitored, and processed according to
a Risk Mitigation Plan approved by EPA
under the registration procedures
specified in § 80.1450(b)(1)(x)(A); or,
(ii) EPA has determined that there is
not a significant likelihood of spread
beyond the planting area of the
feedstock used for production of the
renewable fuel. Any determination that
Arundo donax or Pennisetum
purpureum does not present a
significant likelihood of spread beyond
the planting area must be based upon
clear and compelling evidence,
including information and supporting
data submitted by the producer. Such a
determination must be made by EPA as
specified in § 80.1450(b)(1)(x)(B).
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(17)(i) For purposes of this section,
any renewable fuel other than ethanol,
biodiesel, or renewable diesel that meets
the ASTM D 975–13a Grade No. 1–D or
No. 2–D specifications (incorporated by
reference, see § 80.1468) is considered
renewable fuel and the producer or
importer may generate RINs for such
fuel only if all of the following apply:
(A) The fuel is produced from
renewable biomass and qualifies for a D
code in Table 1 to this section or has
been otherwise approved by the
Administrator.
(B) The fuel producer or importer
maintains records demonstrating that
the fuel was produced for use as a
transportation fuel, heating oil or jet fuel
by any of the following:
(1) Blending the renewable fuel into
gasoline or diesel fuel to produce a
transportation fuel, heating oil or jet fuel
that meets all applicable standards.
(2) Entering into a written contract for
the sale of the renewable fuel, which
specifies the purchasing party shall
blend the fuel into gasoline or diesel
fuel to produce a transportation fuel,
heating oil or jet fuel that meets all
applicable standards.
(3) Entering into a written contract for
the sale of the renewable fuel, which
specifies that the fuel shall be used in
its neat form as a transportation fuel,
heating oil or jet fuel that meets all
applicable standards.
(C) The fuel was sold for use in or as
a transportation fuel, heating oil, or jet
fuel, and for no other purpose.
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18141
(ii) [Reserved]
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■ 4. Section 80.1456 is amended by
revising paragraph (d)(3) to read as
follows:
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§ 80.1456 What are the provisions for
cellulosic biofuel waiver credits?
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(d) * * *
(3) The inflation adjustment will be
calculated by comparing the Consumer
Price Index for All Urban Consumers
(CPI–U): U.S. City Average, Unadjusted
Index for All Items expenditure category
as provided by the Bureau of Labor
Statistics for June of the year preceding
the compliance period to the
comparable value reported for January
2009.
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[FR Doc. 2015–07476 Filed 4–2–15; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2015–0125; FRL–9924–40]
Extension of Tolerances for
Emergency Exemptions (Multiple
Chemicals)
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation extends or reestablishes time-limited tolerances for
residues of the pesticides fluridone in or
on cotton undelinted seed, and
diflubenzuron in or on alfalfa forage and
hay. 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. In addition, 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:
This regulation is effective April
3, 2015. Objections and requests for
hearings must be received on or before
June 2, 2015, 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)
ADDRESSES:
E:\FR\FM\03APR1.SGM
03APR1
18142
Federal Register / Vol. 80, No. 64 / Friday, April 3, 2015 / Rules and Regulations
number EPA–HQ–OPP–2015–0125, 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), West William
Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW., Washington, DC
20460–0001. The Public Reading Room
is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room is (202) 566–1744,
and the telephone number for the OPP
Docket is (703) 305–5805. Please review
the visitor instructions and additional
information about the docket available
at https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
Susan Lewis, Registration Division
(7505P), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington,
DC 20460–0001; main telephone
number: (703) 305–7090; email address:
RDFRNotices@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?
asabaliauskas on DSK5VPTVN1PROD with RULES
You may access a frequently updated
electronic version of 40 CFR part 180
through the Government Publishing
Office’s e-CFR site at https://
www.ecfr.gov/cgi-bin/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
VerDate Sep<11>2014
19:55 Apr 02, 2015
Jkt 235001
provided in 40 CFR part 178. To ensure
proper receipt by EPA, you must
identify docket ID number EPA–HQ–
OPP–2015–0125 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 June 2, 2015. 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–
2015–0125, 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.html.
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, on its own initiative, has
previously issued final rules under
FFDCA section 408, 21 U.S.C. 346a,
establishing time-limited tolerances for
fluridone, 1-methyl-3-phenyl-5-(3(trifluoromethyl)phenyl)-4(1H)pyridone, in or on cotton undelinted
seed, and for diflubenzuron, N-[[(4chlorophenyl)amino]carbonyl] -2,6difluorobenzamide, in or on alfalfa
forage and hay.
EPA established those 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
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providing notice or time for public
comment.
EPA received requests to extend the
emergency use of these chemicals for
this year’s growing season. After having
reviewed these submissions, EPA
concurs that emergency conditions
continue to 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 material relevant
to these safety findings have been
evaluated and discussed in the final rule
originally published to support these
uses. Based on that data and
information considered, the Agency
again concludes that these time-limited
tolerances will continue to meet the
requirements of FFDCA section
408(l)(6). Therefore, the time-limited
tolerances are extended until December
31, 2017. 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:
Fluridone. EPA has authorized under
FIFRA section 18 the emergency use of
fluridone on cotton for control of
glyphosate-resistant Palmer amaranth in
Arkansas, Georgia, Missouri, North
Carolina, South Carolina and Tennessee.
This regulation re-establishes a timelimited tolerance for residues of the
herbicide fluridone, 1-methyl-3-phenyl5-(3-(trifluoromethyl)phenyl)-4(1H)pyridone, and its metabolites and
degradates, determined as only the
parent fluridone, in or on cotton,
undelinted seed at 0.1 parts per million
(ppm) for an additional three-year
period. This tolerance will expire and is
E:\FR\FM\03APR1.SGM
03APR1
18143
Federal Register / Vol. 80, No. 64 / Friday, April 3, 2015 / Rules and Regulations
revoked on December 31, 2017. The
final rule originally establishing the
time-limited tolerance was published in
the Federal Register of November 7,
2012 (77 FR 66715) (FRL–9366–8).
Diflubenzuron. EPA has authorized
under FIFRA section 18 the use of
diflubenzuron on alfalfa grown for hay
for control of Mormon crickets (Anabrus
simplex) and grasshoppers (Family
Acrididae, various spp.) in Wyoming.
This regulation re-establishes timelimited tolerances for residues of the
insecticide diflubenzuron, N-[[(4chlorophenyl)amino]carbonyl] -2,6difluorobenzamide, and its metabolites,
p-chlorophenylurea and pchloroaniline, in or on alfalfa forage and
alfalfa hay at 6.0 ppm for an additional
three-year period. These tolerances will
expire and are revoked on December 31,
2017. The final rule originally
establishing the time-limited tolerances
was published in the Federal Register of
November 28, 2008 (73 FR 72352) (FRL–
8388–9).
asabaliauskas on DSK5VPTVN1PROD with RULES
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 MRLs
for fluridone on cotton or diflubenzuron
on alfalfa.
IV. Statutory and Executive Order
Reviews
This action establishes tolerances
under FFDCA sections 408(e) and
408(l)(6). The Office of Management and
Budget (OMB) has exempted these types
of actions from review under Executive
Order 12866, entitled ‘‘Regulatory
Planning and Review’’ (58 FR 51735,
October 4, 1993). Because this action
has been exempted from review under
Executive Order 12866, this action is
not subject to Executive Order 13211,
entitled ‘‘Actions Concerning
VerDate Sep<11>2014
16:21 Apr 02, 2015
Jkt 235001
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 action does not
contain any information collections
subject to OMB approval under the
Paperwork Reduction Act (PRA) (44
U.S.C. 3501 et seq.), nor does it require
any special considerations under
Executive Order 12898, entitled
‘‘Federal Actions to Address
Environmental Justice in Minority
Populations and Low-Income
Populations’’ (59 FR 7629, February 16,
1994).
Since tolerances and exemptions that
are established in accordance with
FFDCA sections 408(e) and 408(l)(6),
such as the tolerances 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 action 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 action. In addition, this action
does not impose any enforceable duty or
contain any unfunded mandate as
described under Title II of the Unfunded
Mandates Reform Act (UMRA) (2 U.S.C.
1501 et seq.).
This action does not involve any
technical standards that would require
Agency consideration of voluntary
consensus standards pursuant to section
12(d) of the National Technology
Transfer and Advancement Act
(NTTAA) (15 U.S.C. 272 note).
V. Congressional Review Act
Pursuant to the Congressional Review
Act (5 U.S.C. 801 et seq.), EPA will
submit a report containing this rule and
other required information to the U.S.
PO 00000
Frm 00061
Fmt 4700
Sfmt 9990
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: March 26, 2015.
Susan Lewis,
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 § 180.377, amend the table in
paragraph (b) by revising the entries for
‘‘Alfalfa, forage’’ and ‘‘Alfalfa, hay’’ to
read as follows:
■
§ 180.377 Diflubenzuron; tolerances for
residues.
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(b) * * *
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Commodity
Parts per
million
Alfalfa, forage
Alfalfa, hay ....
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6.0
6.0
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Expiration/revocation date
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12/31/2017
12/31/2017
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3. In § 180.420, revise the table in
paragraph (b) to read as follows:
■
§ 180.420 Fluridone; tolerances for
residues.
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(b) * * *
*
Commodity
Parts per
million
Expiration/revocation date
Cotton,
undelinted
seed ..........
0.1
12/31/2017
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[FR Doc. 2015–07624 Filed 4–2–15; 8:45 am]
BILLING CODE 6560–50–P
E:\FR\FM\03APR1.SGM
03APR1
Agencies
[Federal Register Volume 80, Number 64 (Friday, April 3, 2015)]
[Rules and Regulations]
[Pages 18141-18143]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-07624]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[EPA-HQ-OPP-2015-0125; FRL-9924-40]
Extension of Tolerances for Emergency Exemptions (Multiple
Chemicals)
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This regulation extends or re-establishes time-limited
tolerances for residues of the pesticides fluridone in or on cotton
undelinted seed, and diflubenzuron in or on alfalfa forage and hay.
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. In addition, 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 April 3, 2015. Objections and
requests for hearings must be received on or before June 2, 2015, 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)
[[Page 18142]]
number EPA-HQ-OPP-2015-0125, 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),
West William Jefferson Clinton Bldg., Rm. 3334, 1301 Constitution Ave.
NW., Washington, DC 20460-0001. The Public Reading Room is open from
8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number for the Public Reading Room is (202)
566-1744, and the telephone number for the OPP Docket is (703) 305-
5805. Please review the visitor instructions and additional information
about the docket available at https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT: Susan Lewis, Registration Division
(7505P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; main telephone
number: (703) 305-7090; email address: RDFRNotices@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 40 CFR
part 180 through the Government Publishing Office's e-CFR site at
https://www.ecfr.gov/cgi-bin/text-idx?&c=ecfr&tpl=/ecfrbrowse/Title40/40tab_02.tpl.
C. How can I file an objection or hearing request?
Under FFDCA section 408(g), 21 U.S.C. 346a, 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-2015-0125 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 June 2, 2015. 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-2015-0125, 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.html.
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, on its own initiative, has previously issued final rules under
FFDCA section 408, 21 U.S.C. 346a, establishing time-limited tolerances
for fluridone, 1-methyl-3-phenyl-5-(3-(trifluoromethyl)phenyl)-4(1H)-
pyridone, in or on cotton undelinted seed, and for diflubenzuron, N-
[[(4-chlorophenyl)amino]carbonyl] -2,6-difluorobenzamide, in or on
alfalfa forage and hay.
EPA established those 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 emergency use of these
chemicals for this year's growing season. After having reviewed these
submissions, EPA concurs that emergency conditions continue to 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 material relevant to these safety findings have
been evaluated and discussed in the final rule originally published to
support these uses. Based on that data and information considered, the
Agency again concludes that these time-limited tolerances will continue
to meet the requirements of FFDCA section 408(l)(6). Therefore, the
time-limited tolerances are extended until December 31, 2017. 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:
Fluridone. EPA has authorized under FIFRA section 18 the emergency
use of fluridone on cotton for control of glyphosate-resistant Palmer
amaranth in Arkansas, Georgia, Missouri, North Carolina, South Carolina
and Tennessee. This regulation re-establishes a time-limited tolerance
for residues of the herbicide fluridone, 1-methyl-3-phenyl-5-(3-
(trifluoromethyl)phenyl)-4(1H)-pyridone, and its metabolites and
degradates, determined as only the parent fluridone, in or on cotton,
undelinted seed at 0.1 parts per million (ppm) for an additional three-
year period. This tolerance will expire and is
[[Page 18143]]
revoked on December 31, 2017. The final rule originally establishing
the time-limited tolerance was published in the Federal Register of
November 7, 2012 (77 FR 66715) (FRL-9366-8).
Diflubenzuron. EPA has authorized under FIFRA section 18 the use of
diflubenzuron on alfalfa grown for hay for control of Mormon crickets
(Anabrus simplex) and grasshoppers (Family Acrididae, various spp.) in
Wyoming. This regulation re-establishes time-limited tolerances for
residues of the insecticide diflubenzuron, N-[[(4-
chlorophenyl)amino]carbonyl] -2,6-difluorobenzamide, and its
metabolites, p-chlorophenylurea and p-chloroaniline, in or on alfalfa
forage and alfalfa hay at 6.0 ppm for an additional three-year period.
These tolerances will expire and are revoked on December 31, 2017. The
final rule originally establishing the time-limited tolerances was
published in the Federal Register of November 28, 2008 (73 FR 72352)
(FRL-8388-9).
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 MRLs for fluridone on cotton or
diflubenzuron on alfalfa.
IV. Statutory and Executive Order Reviews
This action establishes tolerances under FFDCA sections 408(e) and
408(l)(6). The Office of Management and Budget (OMB) has exempted these
types of actions from review under Executive Order 12866, entitled
``Regulatory Planning and Review'' (58 FR 51735, October 4, 1993).
Because this action has been exempted from review under Executive Order
12866, this action is not subject to Executive Order 13211, entitled
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001) or Executive
Order 13045, entitled ``Protection of Children from Environmental
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997). This
action does not contain any information collections subject to OMB
approval under the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et
seq.), nor does it require any special considerations under Executive
Order 12898, entitled ``Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations'' (59 FR
7629, February 16, 1994).
Since tolerances and exemptions that are established in accordance
with FFDCA sections 408(e) and 408(l)(6), such as the tolerances 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 action 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 action. In addition, this
action does not impose any enforceable duty or contain any unfunded
mandate as described under Title II of the Unfunded Mandates Reform Act
(UMRA) (2 U.S.C. 1501 et seq.).
This action does not involve any technical standards that would
require Agency consideration of voluntary consensus standards pursuant
to section 12(d) of the National Technology Transfer and Advancement
Act (NTTAA) (15 U.S.C. 272 note).
V. Congressional Review Act
Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.),
EPA will submit a report containing this rule and other required
information to the U.S. Senate, the U.S. House of Representatives, and
the Comptroller General of the United States prior to publication of
the rule in the Federal Register. This action is not a ``major rule''
as defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 180
Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.
Dated: March 26, 2015.
Susan Lewis,
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. 180.377, amend the table in paragraph (b) by revising the
entries for ``Alfalfa, forage'' and ``Alfalfa, hay'' to read as
follows:
Sec. 180.377 Diflubenzuron; tolerances for residues.
* * * * *
(b) * * *
------------------------------------------------------------------------
Expiration/
Commodity Parts per revocation
million date
------------------------------------------------------------------------
Alfalfa, forage............................ 6.0 12/31/2017
Alfalfa, hay............................... 6.0 12/31/2017
* * * * *
------------------------------------------------------------------------
* * * * *
0
3. In Sec. 180.420, revise the table in paragraph (b) to read as
follows:
Sec. 180.420 Fluridone; tolerances for residues.
* * * * *
(b) * * *
------------------------------------------------------------------------
Parts per Expiration/
Commodity million revocation date
------------------------------------------------------------------------
Cotton, undelinted seed.................. 0.1 12/31/2017
------------------------------------------------------------------------
* * * * *
[FR Doc. 2015-07624 Filed 4-2-15; 8:45 am]
BILLING CODE 6560-50-P