[Federal Register Volume 76, Number 178 (Wednesday, September 14, 2011)]
[Rules and Regulations]
[Pages 56644-56648]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-23359]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[EPA-HQ-OPP-2011-0684; FRL-8887-2]
Sulfur Dioxide; Pesticide Tolerances for Emergency Exemptions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: This regulation establishes a time-limited tolerance for
residues of sulfur dioxide in or on fig. This action is associated with
the utilization of a crisis exemption under section 18 of the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA) authorizing use of
the pesticide on figs. This regulation establishes a maximum
permissible level for residues of sulfur dioxide, including its
metabolites and degradates (determined by measuring only sulfur dioxide
(SO2)), in or on fig at 10 parts per million (ppm). This
time-limited tolerance expires on December 31, 2014.
DATES: This regulation is effective September 14, 2011. Objections and
requests for hearings must be received on or before November 14, 2011,
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: EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPP-2011-0684. All documents in the
docket are listed in the docket index available in http://www.regulations.gov. Although listed in the index, some information is
not publicly available, e.g., Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute. Certain
other material, such as copyrighted material, is not placed on the
Internet and will be publicly available only in hard copy form.
Publicly available docket materials are available in the electronic
docket at http://www.regulations.gov, or, if only available in hard
copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac
Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The Docket
Facility is open from 8:30 a.m. to 4 p.m., Monday through Friday,
excluding legal holidays. The Docket Facility telephone number is (703)
305-5805.
FOR FURTHER INFORMATION CONTACT: Libby Pemberton, Registration Division
(7505P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone
number: (703) 308-9364; e-mail address: [email protected].
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.
Potentially affected entities may include, but are not limited to:
Crop production (NAICS code 111).
Animal production (NAICS code 112).
Food manufacturing (NAICS code 311).
Pesticide manufacturing (NAICS code 32532).
This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. If you have any
questions regarding the applicability of this action to a particular
entity, consult the person listed under FOR FURTHER INFORMATION
CONTACT.
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 http://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 section 408(g) of the Federal Food, Drug, and Cosmetic Act
(FFDCA), 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-
2011-0684 in the subject line on the first page of your submission. All
objections and requests for a hearing must be in writing, and must be
received by the Hearing Clerk on or before November 14, 2011. 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 that does not contain any CBI for inclusion in the public
docket. Information not marked confidential pursuant to 40 CFR part 2
may be disclosed publicly by EPA without prior notice. Submit a copy of
your non-CBI objection or hearing request, identified by docket ID
number EPA-HQ-OPP-2011-0684, by one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments.
Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket Facility's normal hours of operation (8:30
a.m. to 4 p.m., Monday through Friday, excluding legal holidays).
Special arrangements should be made for deliveries of boxed
information. The Docket Facility telephone number is (703) 305-5805.
II. Background and Statutory Findings
EPA, on its own initiative, in accordance with sections 408(e) and
408(l)(6) of FFDCA, 21 U.S.C. 346a(e) and 346a(1)(6), is establishing a
time-limited tolerance for residues of sulfur dioxide, including its
metabolites and degradates (determined by measuring only sulfur dioxide
(SO2)), at 10 ppm. This time-limited tolerance is effective
until December 31, 2014.
Section 408(l)(6) of 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
[[Page 56645]]
an emergency exemption granted by EPA under section 18 of FIFRA. Such
tolerances can be established without providing notice or period for
public comment. EPA does not intend for its actions on FIFRA section 18
related time-limited tolerances to set binding precedents for the
application of section 408 of FFDCA and the safety standard to other
tolerances and exemptions. Section 408(e) of FFDCA allows EPA to
establish a tolerance or an exemption from the requirement of a
tolerance on its own initiative, i.e., without having received any
petition from an outside party.
Section 408(b)(2)(A)(i) of FFDCA allows EPA to establish a
tolerance (the legal limit for a pesticide chemical residue in or on a
food) only if EPA determines that the tolerance is ``safe.'' Section
408(b)(2)(A)(ii) of FFDCA defines ``safe'' to mean that ``there is a
reasonable certainty that no harm will result from aggregate exposure
to the pesticide chemical residue, including all anticipated dietary
exposures and all other exposures for which there is reliable
information.'' This includes exposure through drinking water and in
residential settings, but does not include occupational exposure.
Section 408(b)(2)(C) of FFDCA requires EPA to give special
consideration to exposure of infants and children to the pesticide
chemical residue in establishing a tolerance and to ``ensure that there
is a reasonable certainty that no harm will result to infants and
children from aggregate exposure to the pesticide chemical residue. * *
*''
Section 18 of FIFRA authorizes EPA to exempt any Federal or State
agency from any provision of FIFRA, if EPA determines that ``emergency
conditions exist which require such exemption.'' EPA has established
regulations governing such emergency exemptions in 40 CFR part 166.
III. Emergency Exemption for Sulfur Dioxide on Figs and FFDCA
Tolerances
Excessive rain and humidity at flowering and early fruit
development in the spring are critical factors in development of gray
mold caused by Botrytis cinerea (B. cinerea) and these have been high
in the areas where California figs are grown over the past two years.
California estimated that gray mold could be responsible for a 24%
yield loss; and there are no pre or post-harvest fungicides registered
to control B. cinerea on fresh figs.
The Applicant asserts that an emergency condition exists in
accordance with the criteria for approval of an emergency exemption,
and has utilized a crisis exemption under FIFRA section 18 to allow the
use of sulfur dioxide on figs for control of gray mold caused by B.
cinerea in California. After having reviewed the submission, EPA
concurs that an emergency condition exists.
As part of its evaluation of the emergency exemption application,
EPA assessed the potential risks presented by residues of sulfur
dioxide in or on fig. In doing so, EPA considered the safety standard
in section 408(b)(2) of FFDCA, and EPA decided that the necessary
tolerance under section 408(l)(6) of FFDCA would be consistent with the
safety standard and with FIFRA section 18. Consistent with the need to
move quickly on the emergency exemption in order to address an urgent
non-routine situation and to ensure that the resulting food is safe and
lawful, EPA is issuing this tolerance without notice and opportunity
for public comment as provided in section 408(l)(6) of FFDCA. Although
these time-limited tolerances expire on December 31, 2014, under
section 408(l)(5) of FFDCA, residues of the pesticide not in excess of
the amounts specified in the tolerance remaining in or on figs after
that date will not be unlawful, provided the pesticide was applied in a
manner that was lawful under FIFRA, and the residues do not exceed a
level that was authorized by this time-limited tolerance at the time of
that application. EPA will take action to revoke this time-limited
tolerance earlier if any experience with, scientific data on, or other
relevant information on this pesticide indicate that the residues are
not safe.
Because this time-limited tolerance is being approved under
emergency conditions, EPA has not made any decisions about whether
sulfur dioxide meets FIFRA's registration requirements for use on fig
or whether a permanent tolerance for this use would be appropriate.
Under these circumstances, EPA does not believe that this time-limited
tolerance decision serves as a basis for registration of sulfur dioxide
by a State for special local needs under FIFRA section 24(c). Nor does
this tolerance by itself serve as the authority for persons in any
State other than California to use this pesticide on the applicable
crops under FIFRA section 18 absent the issuance of an emergency
exemption applicable within that State. For additional information
regarding the emergency exemption for sulfur dioxide, contact the
Agency's Registration Division at the address provided under FOR
FURTHER INFORMATION CONTACT.
IV. Aggregate Risk Assessment and Determination of Safety
Section 408(b)(2)(A)(i) of FFDCA allows EPA to establish a
tolerance (the legal limit for a pesticide chemical residue in or on a
food) only if EPA determines that the tolerance is ``safe.'' Section
408(b)(2)(A)(ii) of FFDCA defines ``safe'' to mean that ``there is a
reasonable certainty that no harm will result from aggregate exposure
to the pesticide residue, including all anticipated dietary exposures
and all other exposures for which there is reliable information.'' This
includes exposure through drinking water and in residential settings,
but does not include occupational exposure. Section 408(b)(2)(C) of
FFDCA requires EPA to give special consideration to exposure of infants
and children to the pesticide chemical residue in establishing a
tolerance and to ``ensure that there is a reasonable certainty that no
harm will result to infants and children from aggregate exposure to the
pesticide chemical residue. * * *''
Consistent with the factors specified in FFDCA section
408(b)(2)(D), EPA has reviewed the available scientific data and other
relevant information in support of this action and considered its
validity, completeness and reliability and the relationship of this
information to human risk. EPA has also considered available
information concerning the variability of the sensitivities of major
identifiable subgroups of consumers, including sulfite sensitive
individuals, infants and children. EPA has sufficient data to assess
the hazards of and to make a determination on aggregate exposure
expected as a result of this emergency exemption request and the time-
limited tolerances for residues of sulfur dioxide, including its
metabolites and degradates (determined by measuring only sulfur dioxide
(SO2)), at 10 ppm. EPA's assessment of exposures and risks
associated with establishing time-limited tolerances follows.
A. Toxicological Profile
Consistent with section 408(b)(2)(D) of FFDCA, EPA has reviewed the
available scientific data and other relevant information in support of
this action and considered its validity, completeness and reliability
and the relationship of this information to human risk. EPA has also
considered available information concerning the variability of the
sensitivities of major identifiable subgroups of consumers, and infants
and children, as well as sulfite sensitive individuals.
Evaluations performed by the World Health Organization (WHO), the
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International Agency for Research on Cancer (IARC), and the Agency for
Toxic Substances and Disease Registry (ATSDR) were relied upon for the
safety finding for sulfur dioxide made in the May 2007 RED assessment
on inorganic sulfites, which includes the chemicals sulfur dioxide and
sodium metabisulfite (end-use inorganic sulfite products contain sulfur
dioxide at 99.9 to 100%, and sodium metabisulfite at 37.5 to 98.5%.
These assessments are based on peer-reviewed evaluations performed by
the Cosmetic Ingredient Review (a program established in 1976 by the
Cosmetic, Toiletry & Fragrance Association, now known as the Personal
Care Products Council (PCPC), with the support of the U.S. Food and
Drug Administration (FDA) and the Consumer Federation of America (CFA);
the Organization for Economic Cooperation and Development-Screening
Information Data Set and from other open literature sources. People may
be exposed to small amounts of sulfur through the food supply. However,
since sulfur does not cause any relevant toxic effects, no quantitative
dietary risk assessment is needed. Short-term studies show that sulfur
is of very low acute oral toxicity and does not irritate the skin (it
has been placed in Toxicity Category IV, the least toxic category, for
these effects). Sulfur dioxide (21 CFR 182.3862) is listed as Generally
Recognized as Safe (GRAS) by the FDA as a preservative in certain
foods. The Select Committee on GRAS Substances (a committee of
qualified scientists contracted by FDA to review and evaluate the
safety of GRAS substances) concluded that: ``There is no evidence in
the available information on sulfur dioxide that demonstrates, or
suggests reasonable grounds to suspect, a hazard to the public when
used at levels that are now current and in the manner now practiced.''
This conclusion was based on the knowledge that orally administered
sulfite is very rapidly oxidized to sulfate in all species studied. The
metabolic removal of sulfite appears to be the critical defense
mechanism. The WHO has emphasized the use of appropriate labeling for
alerting individuals who cannot tolerate sulfites. After receiving and
reviewing reports of adverse reactions in certain individuals following
ingestion of sulfiting agents used as preservatives in food products,
beverages, and fresh fruits and vegetables, the FDA requires ingredient
labels to list sulfite concentrations in excess of 10 ppm. Several
regulatory endpoints and standards for ambient air concentrations of
sulfur dioxide have been established at the state, Federal and
international levels. The endpoint selected by the Agency for the
bystander inhalation risk assessment is 0.25 ppm sulfur dioxide, with
one-hour exposure duration. The 0.25 ppm concentration is based on an
ambient air quality standard set by the California Air Resources Board.
This endpoint is deemed most applicable to this exposure scenario, as
it is based on effects of concern for bystanders (such as
bronchoconstriction, shortness of breath, wheezing, and chest tightness
during physical activity in persons with asthma).
B. Exposure Assessment
1. Dietary exposure from food and feed uses. In evaluating dietary
exposure to sulfur dioxide, EPA considered exposure under the time-
limited tolerances established by this action, as well as all existing
sulfur dioxide tolerances in 40 CFR 180.444. Exposures to sulfites when
used as an active or inert pesticide ingredient are minimal because it
is known to be readily biodegradable, quickly oxidized, and rapidly
excreted from the body. In addition, sulfur dioxide (21 CFR 182.3862)
is listed as GRAS by the FDA, with limitations, as a food preservative.
As such, sulfites are found in many foods, primarily as a result of the
GRAS preservative use. It is estimated that sulfite concentrations of
>100 ppm may be found in dried fruits (excluding dark raisins and
prunes), lemon and lime juices, wine, molasses, and sauerkraut juice.
Dried potatoes, grape juice, wine vinegar, gravies, fruit topping, and
maraschino cherries may contain between 50 and 100 ppm sulfur dioxide.
Foods containing between 10 ppm and 50 ppm include pectin, fresh
shrimp, corn syrup, sauerkraut, pickled foods, corn starch, hominy,
frozen potatoes, maple syrup, imported jams and jellies, and fresh
mushrooms (CIR 2003). Preliminary data developed by the Interregional
Research Project No. 4 (IR-4) from the concluded experimental phase of
a study now being conducted on figs was submitted with this exemption
request. The design of the IR-4 study is sufficient in its scope having
followed the protocol put forward for determining the magnitude of the
residue on fresh figs from the use of sulfur dioxide. This study shows
that following application made at a 10x exaggerated rate of 250 ppm
sulfur dioxide/hour, samples analyzed from 1 hour up to 28 days after
treatment were all found to have residue levels of sulfur dioxide below
the limit of detection (LOD) of 10 ppm. In view of the data provided by
IR-4, a linear extrapolation from the 10x exaggerated rate to a 1x
application rate determined that a 1x rate is likely to result in
residue levels of sulfur dioxide of 2.5 ppm or lower when following the
use-pattern in this crisis exemption.
2. Drinking water exposure. Based on environmental fate information
for sulfur dioxide and the requested post-harvest use pattern (in
closed chambers), concentrations of concern are not expected in
drinking water.
3. Inhalation exposure. Based on the Probabilistic Exposure and
Risk Model for Fumigants, version 2.1.1 (PERFUM2) the requested use is
expected to limit bystander exposure potential to sulfur dioxide
concentrations at or below 0.25 ppm. This bystander exposure scenario
is considered ``worst-case,'' in that it assumes the ventilation stack
is at the edge of the treatment warehouse, and the warehouse is in
close proximity to the fumigation facility property line.
4. Other non-occupational exposure. In examining aggregate
exposure, section 408 of FFDCA directs EPA to consider available
information concerning exposures from the pesticide residue in food and
all other non-occupational exposures, including drinking water from
ground water or surface water and exposure through pesticide use in
gardens, lawns, or buildings (residential and other indoor uses).
Currently there are no residential uses for sulfur dioxide, as the use
of inorganic sulfites is limited to postharvest fumigation of grapes.
Environmental sources of sulfur dioxide exposure include the combustion
of fossil fuels, smelting of sulfide ores, volcanic emissions, and
other natural sources. Sulfur dioxide is also used to manufacture
hydrosulfites, to bleach wood pulp and paper, to process, disinfect,
and bleach food, for waste and water treatment, and in metal, ore, and
oil refining (ATSDR 2004). Sufficient information is available from
public sources to adequately characterize sulfur dioxide.
C. Safety Factor for Infants and Children
There is sufficient toxicological information for sulfur dioxide to
address risks to infants and children. The available information
indicates that there is no evidence of increased quantitative or
qualitative susceptibility of the offspring after in utero or post-
natal exposure. Based on the lack of significant toxicity in existing
toxicological testing of sulfur dioxide and FDA's classification of
sulfites as GRAS, EPA has not performed a quantative risk assessment
for sulfur dioxide using safety factors. For the same reason, and given
the absence of
[[Page 56647]]
any evidence of pre- or post-natal sensitivity to sulfur dioxide, EPA
concludes that there is reliable data to support not using an
additional safety factor to protect infants and children.
V. Cumulative Effects From Substances With a Common Mechanism of
Toxicity
Section 408(b)(2)(D)(v) of FFDCA requires that, when considering
whether to establish, modify, or revoke a tolerance, the Agency
consider ``available information'' concerning the cumulative effects of
a particular pesticide's residues and ``other substances that have a
common mechanism of toxicity.''
EPA has not found inorganic sulfites to share a common mechanism of
toxicity with any other substances, and sulfur dioxide does not appear
to produce a toxic metabolite produced by other substances. For the
purposes of this tolerance action, therefore, EPA has assumed that
sulfur dioxide does not have a common mechanism of toxicity with other
substances. For information regarding EPA's efforts to determine which
chemicals have a common mechanism of toxicity and to evaluate the
cumulative effects of such chemicals, see EPA's Web site at http://www.epa.gov/pesticides/cumulative.
VI. Determination of Safety for U.S. Population, Infants and Children
The residue levels expected from this use on figs are relatively
low when compared to concentrations of sulfites in many common foods
and viewed as GRAS by the FDA. Given the low fig use rate, low expected
residue levels, and relatively low consumption of figs, the safety
finding made in the May 2007 RED assessment for the post-harvest use on
grapes may be extended to include the proposed tolerance level of 10
ppm on figs. EPA concludes that there is a reasonable certainty that no
harm will result to the general population, or to sulfite sensitive
individuals, infants and children, from aggregate exposure to residues
of sulfur dioxide, including its metabolites and degradates.
VII. Other Considerations
A. Analytical Enforcement Methodology
For the determination of residues in food, the FDA has published a
titrimetric method of analysis capable of providing a 10 ppm LOD. It is
delineated in 21 CFR part 101 Appendix A and is based on the
Association of Official Agricultural Chemists official method for
sulfites. For this procedure, sulfur dioxide is steam distilled from
the crop sample and trapped in hydrogen peroxide to produce sulfuric
acid. The sulfuric acid is then titrated against aqueous sodium
hydroxide and expressed as sulfur dioxide. The sulfur dioxide
concentrations are converted to sulfite residues with molecular weight
conversions. Adequate recovery data are available to support the use of
this procedure as a tolerance enforcement method.
B. 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 U.N. 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 sulfur dioxide in/on figs.
VIII. Conclusion
Therefore, a time-limited tolerance is established for residues of
sulfur dioxide, including its metabolites and degradates, (determined
by measuring only sulfur dioxide (SO2)), at 10 ppm. This
tolerance is effective until December 31, 2014.
IX. Statutory and Executive Order Reviews
This final rule establishes tolerances under sections 408(e) and
408(l)(6) of FFDCA. 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, titled 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 in accordance
with sections 408(e) and 408(l)(6) of FFDCA, 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 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 section 408(n)(4) of FFDCA. 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) (Pub. L. 104-4).
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), Public Law 104-113, section 12(d) (15 U.S.C. 272
note).
X. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report to each House of the Congress and to
the Comptroller General of the United States. 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
[[Page 56648]]
publication of this final rule in the Federal Register. This final rule
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: September 2, 2011.
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. Section 180.444 is amended by:
0
i. Designating the existing text as paragraph (a) and adding a heading;
and
0
ii. Adding paragraphs (b), (c) and (d).
The amendments read as follows:
Sec. [emsp14]180.444 Sulfur dioxide; tolerances for residues.
(a) General. * * *
(b) Section 18 emergency exemptions. Time-limited tolerances
specified in the following table are established for residues of sulfur
dioxide, including its metabolites and degradates in or on the
specified agricultural commodities, resulting from use of the pesticide
pursuant to FFIFRA section 18 emergency exemptions. Compliance with the
tolerance levels specified below is to be determined by measuring only
sulfur dioxide (SO2). The tolerances expire on the date
specified in the table.
------------------------------------------------------------------------
Expiration/
Commodity Parts per revocation
million date
------------------------------------------------------------------------
Fig......................................... 10 12/31/14
------------------------------------------------------------------------
(c) Tolerances with regional registrations. [Reserved]
(d) Indirect or inadvertent residues. [Reserved]
[FR Doc. 2011-23359 Filed 9-13-11; 8:45 am]
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