Propiconazole; Extension of Tolerance for Emergency Exemptions, 1208-1210 [2016-31827]
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1208
Federal Register / Vol. 82, No. 3 / Thursday, January 5, 2017 / Rules and Regulations
2000), nor will it impose substantial
direct costs on tribal governments or
preempt tribal law.
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).
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 March 6, 2017. Filing a
petition for econsideration 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. Parties with
objections to this direct final rule are
encouraged to file a comment in
response to the parallel notice of
proposed rulemaking for this action
published in the proposed rules section
of today’s Federal Register, rather than
file an immediate petition for judicial
review of this direct final rule, so that
EPA can withdraw this direct final rule
and address the comment in the
proposed rulemaking. This action may
not be challenged later in proceedings to
enforce its requirements. See section
307(b)(2).
reference, Intergovernmental relations,
Particulate matter, Volatile organic
compounds.
Dated: December 15, 2016.
Heather McTeer Toney,
Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart L—Georgia
2. In § 52.570, the table in paragraph
(c) is amended by revising the entry
‘‘391–3–1–.01’’ to read as follows:
■
§ 52.570
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
*
Identification of plan.
*
*
(c) * * *
*
*
EPA APPROVED GEORGIA REGULATIONS
State effective
date
State citation
Title/subject
391–3–1–.01 ......................
Definitions .........................
*
*
*
*
*
*
*
*
[FR Doc. 2016–31753 Filed 1–4–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2016–0682; FRL–9956–54]
Propiconazole; Extension of Tolerance
for Emergency Exemptions
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation extends a
time-limited tolerance for combined
residues of the fungicide propiconazole
and its metabolites in or on avocado at
10 parts per million (ppm) for an
additional 3-year period. This tolerance
will expire and is revoked on December
31, 2019. This action is in response to
EPA’s granting of an emergency
exemption under the Federal
Insecticide, Fungicide, and Rodenticide
Act (FIFRA) authorizing use of the
pesticide on avocado trees. In addition,
the Federal Food, Drug, and Cosmetic
asabaliauskas on DSK3SPTVN1PROD with RULES
SUMMARY:
VerDate Sep<11>2014
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Jkt 241001
EPA approval date
1/5/2017, [insert Federal Register citation].
*
*
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 under FIFRA.
DATES: This regulation is effective
January 5, 2017. Objections and requests
for hearings must be received on or
before March 6, 2017, 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–2016–0682, 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
PO 00000
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Explanation
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*
*
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:
Michael L. Goodis, 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).
E:\FR\FM\05JAR1.SGM
05JAR1
asabaliauskas on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 82, No. 3 / Thursday, January 5, 2017 / Rules and Regulations
• 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://
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
provided in 40 CFR part 178. To ensure
proper receipt by EPA, you must
identify docket ID number EPA–HQ–
OPP–2016–0682 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 March 6, 2017. 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–
2016–0682, 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.
VerDate Sep<11>2014
18:22 Jan 04, 2017
Jkt 241001
II. Background and Statutory Findings
EPA originally issued a final rule,
published in the Federal Register of
May 11, 2011 (76 FR 27261) (FRL–8873–
2), which announced that on its own
initiative under FFDCA section 408, 21
U.S.C. 346a, it established a timelimited tolerance for the combined
residues of propiconazole and its
metabolites in or on avocado at 10 ppm,
with an expiration date of December 31,
2013. Subsequently, EPA published a
final rule in the Federal Register of
December 27, 2013 (78 FR 78746) (FRL–
9904–15) to extend (revise) the
expiration date for this tolerance to
December 31, 2016. EPA established the
tolerance 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 period for public
comment.
In 2014, EPA received a request to
extend the use of propiconazole on
avocado for an additional 3 years (under
a quarantine exemption) due to the
disease situation remaining an
emergency condition, warranting
authorization of use of propiconazole
under a quarantine exemption. After
having reviewed the submission, EPA
concurred that emergency conditions
exist. EPA authorized under FIFRA
section 18 the use of propiconazole on
avocado trees for control of laurel wilt
disease in Florida.
EPA assessed the potential risks
presented by residues of propiconazole
in or on avocado. 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 rule
published in the Federal Register of
May 11, 2011. Based on that data and
information considered, the Agency
reaffirms that extension of the timelimited tolerance will continue to meet
the requirements of FFDCA section
408(l)(6). Therefore, the time-limited
tolerance is extended for an additional
3-year period. EPA will publish a
document in the Federal Register to
remove the revoked tolerance from the
Code of Federal Regulations (CFR).
Although this tolerance will expire and
is revoked on December 31, 2019, under
FFDCA section 408(l)(5), residues of the
PO 00000
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1209
pesticide not in excess of the amounts
specified in the tolerance remaining in
or on avocado after that date will not be
unlawful, provided the pesticide is
applied in a manner that was lawful
under FIFRA and the application
occurred prior to the revocation of the
tolerance. EPA will take action to revoke
this tolerance earlier if any experience
with, scientific data on, or other
relevant information on this pesticide
indicate that the residues are not safe.
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 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 propiconazole on avocado.
IV. Statutory and Executive Order
Reviews
This action 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 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
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Federal Register / Vol. 82, No. 3 / Thursday, January 5, 2017 / Rules and Regulations
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 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).
asabaliauskas on DSK3SPTVN1PROD with RULES
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.
VerDate Sep<11>2014
18:22 Jan 04, 2017
Jkt 241001
Dated: December 20, 2016.
Daniel J. Rosenblatt,
Acting Director, Registration Division, Office
of Pesticide Programs.
Rockville, MD 20857, or by telephone at
301–594–4353.
SUPPLEMENTARY INFORMATION:
I. Background
Section 602 of Public Law 102–585,
the ‘‘Veterans Health Care Act of 1992,’’
enacted section 340B of the PHSA,
PART 180—[AMENDED]
‘‘Limitation on Prices of Drugs
Purchased by Covered Entities,’’
■ 1. The authority citation for part 180
codified at 42 U.S.C. 256b. The 340B
continues to read as follows:
Program permits covered entities ‘‘to
Authority: 21 U.S.C. 321(q), 346a and 371.
stretch scarce Federal resources as far as
■ 2. In § 180.434, revise the entry for
possible, reaching more eligible patients
‘‘avocado’’ in the table under paragraph
and providing more comprehensive
(b) to read as follows:
services.’’ H.R. REP. No. 102–384(II), at
12 (1992). Eligible covered entity types
§ 180.434 Propiconazole; tolerances for
are defined in section 340B(a)(4) of the
residues.
PHSA. Section 340B of the PHSA
*
*
*
*
*
instructs HHS to enter into a
(b) * * *
pharmaceutical pricing agreement (PPA)
with certain drug manufacturers. When
Expiration/
Parts per
Commodity
revocation
a drug manufacturer signs a PPA, it is
million
date
opting into the 340B Program and it
agrees to the statutory requirement that
Avocado ........
10
12/31/19
the prices charged for covered
outpatient drugs to covered entities will
*
*
*
*
*
not exceed defined 340B ceiling prices,
which are based on quarterly pricing
*
*
*
*
*
data obtained from the Centers for
[FR Doc. 2016–31827 Filed 1–4–17; 8:45 am]
Medicare & Medicaid Services (CMS).
BILLING CODE 6560–50–P
Section 7102 of the Patient Protection
and Affordable Care Act (Pub. L. 111–
148) as amended by section 2302 of the
DEPARTMENT OF HEALTH AND
Health Care and Education
HUMAN SERVICES
Reconciliation Act (Pub. L. 111–152)
(HCERA) (hereinafter referred to as the
42 CFR Part 10
‘‘Affordable Care Act’’), added section
RIN 0906–AA89
340B(d)(1)(B)(vi) of the PHSA, which
provides for the imposition of sanctions
340B Drug Pricing Program Ceiling
in the form of civil monetary penalties,
Price and Manufacturer Civil Monetary
which—
Penalties Regulation
(I) shall be assessed according to
standards established in regulations to
AGENCY: Health Resources and Services
be promulgated by the Secretary;
Administration, Department of Health
(II) shall not exceed $5,000 for each
and Human Services (HHS).
instance of overcharging a covered
ACTION: Final rule.
entity that may have occurred; and
(III) shall apply to any manufacturer
SUMMARY: The Health Resources and
with an agreement under Section 340B
Services Administration (HRSA)
of the PHSA that knowingly and
administers section 340B of the Public
intentionally charges a covered entity a
Health Service Act (PHSA), referred to
price for purchase of a drug that exceeds
as the ‘‘340B Drug Pricing Program’’ or
the ‘‘340B Program.’’ This final rule will the maximum applicable price under
apply to all drug manufacturers that are subsection 340B(a)(1).
The Affordable Care Act also added
required to make their drugs available to
section 340B(d)(1)(B)(i)(I) of the PHSA,
covered entities under the 340B
which requires ‘‘[d]eveloping and
Program. This final rule sets forth the
calculation of the 340B ceiling price and publishing through an appropriate
policy or regulatory issuance, precisely
application of civil monetary penalties
defined standards and methodology for
(CMPs).
the calculation of ceiling prices . . .’’
DATES: This rule is effective March 6,
CMPs provide a critical enforcement
2017.
mechanism for HHS if manufacturers do
FOR FURTHER INFORMATION CONTACT:
not comply with statutory pricing
CAPT Krista Pedley, Director, Office of
obligations under the 340B Program.
Pharmacy Affairs (OPA), Healthcare
HHS is also finalizing this rule to
Systems Bureau (HSB), HRSA, 5600
provide increased clarity in the
Fishers Lane, Mail Stop 08W05A,
marketplace for all 340B Program
Therefore, 40 CFR chapter I is
amended as follows:
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Agencies
[Federal Register Volume 82, Number 3 (Thursday, January 5, 2017)]
[Rules and Regulations]
[Pages 1208-1210]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-31827]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[EPA-HQ-OPP-2016-0682; FRL-9956-54]
Propiconazole; Extension of Tolerance for Emergency Exemptions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This regulation extends a time-limited tolerance for combined
residues of the fungicide propiconazole and its metabolites in or on
avocado at 10 parts per million (ppm) for an additional 3-year period.
This tolerance will expire and is revoked on December 31, 2019. This
action is in response to EPA's granting of an emergency exemption under
the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
authorizing use of the pesticide on avocado trees. 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
under FIFRA.
DATES: This regulation is effective January 5, 2017. Objections and
requests for hearings must be received on or before March 6, 2017, 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-2016-0682, 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: Michael L. Goodis, 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).
[[Page 1209]]
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://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-2016-0682 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 March 6, 2017. 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-2016-0682, 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 originally issued a final rule, published in the Federal
Register of May 11, 2011 (76 FR 27261) (FRL-8873-2), which announced
that on its own initiative under FFDCA section 408, 21 U.S.C. 346a, it
established a time-limited tolerance for the combined residues of
propiconazole and its metabolites in or on avocado at 10 ppm, with an
expiration date of December 31, 2013. Subsequently, EPA published a
final rule in the Federal Register of December 27, 2013 (78 FR 78746)
(FRL-9904-15) to extend (revise) the expiration date for this tolerance
to December 31, 2016. EPA established the tolerance 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 period for
public comment.
In 2014, EPA received a request to extend the use of propiconazole
on avocado for an additional 3 years (under a quarantine exemption) due
to the disease situation remaining an emergency condition, warranting
authorization of use of propiconazole under a quarantine exemption.
After having reviewed the submission, EPA concurred that emergency
conditions exist. EPA authorized under FIFRA section 18 the use of
propiconazole on avocado trees for control of laurel wilt disease in
Florida.
EPA assessed the potential risks presented by residues of
propiconazole in or on avocado. 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 rule published
in the Federal Register of May 11, 2011. Based on that data and
information considered, the Agency reaffirms that extension of the
time-limited tolerance will continue to meet the requirements of FFDCA
section 408(l)(6). Therefore, the time-limited tolerance is extended
for an additional 3-year period. EPA will publish a document in the
Federal Register to remove the revoked tolerance from the Code of
Federal Regulations (CFR). Although this tolerance will expire and is
revoked on December 31, 2019, under FFDCA section 408(l)(5), residues
of the pesticide not in excess of the amounts specified in the
tolerance remaining in or on avocado after that date will not be
unlawful, provided the pesticide is applied in a manner that was lawful
under FIFRA and the application occurred prior to the revocation of the
tolerance. EPA will take action to revoke this tolerance earlier if any
experience with, scientific data on, or other relevant information on
this pesticide indicate that the residues are not safe.
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 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 propiconazole on avocado.
IV. Statutory and Executive Order Reviews
This action 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 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
[[Page 1210]]
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 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: December 20, 2016.
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. 180.434, revise the entry for ``avocado'' in the table
under paragraph (b) to read as follows:
Sec. 180.434 Propiconazole; tolerances for residues.
* * * * *
(b) * * *
------------------------------------------------------------------------
Expiration/
Commodity Parts per revocation
million date
------------------------------------------------------------------------
Avocado.................................... 10 12/31/19
* * * * *
------------------------------------------------------------------------
* * * * *
[FR Doc. 2016-31827 Filed 1-4-17; 8:45 am]
BILLING CODE 6560-50-P