[Federal Register Volume 77, Number 133 (Wednesday, July 11, 2012)]
[Rules and Regulations]
[Pages 40812-40815]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-16961]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[EPA-HQ-OPP-2011-0507; FRL-9353-7]
RIN 2070-ZA16
Dicloran and Formetanate; Tolerance Actions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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[[Page 40813]]
SUMMARY: EPA is revoking certain tolerances for the fungicide dicloran
and the insecticide formetanate hydrochloride in follow-up to amended
registrations that deleted specific uses, leaving no dicloran and
formetanate hydrochloride registrations for those uses. Also, in
accordance with current Agency practice, EPA is making minor revisions
to the tolerance expressions for dicloran and formetanate hydrochloride
and to specific tolerance nomenclatures for dicloran.
DATES: This regulation is effective July 11, 2012. Objections and
requests for hearings must be received on or before September 10, 2012,
and must be filed in accordance with the instructions provided in 40
CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).
ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPP-2011-0507, is available either
electronically through http://www.regulations.gov or in hard copy at
the OPP Docket in the Environmental Protection Agency Docket Center
(EPA/DC), located in EPA West, 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 http://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT: Joseph Nevola, Pesticide Re-evaluation
Division (7508P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-
0001; telephone number: (703) 308-8037; email address:
nevola.joseph@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.
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 the Federal Food, Drug, and Cosmetic Act (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-
2011- 0507 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 September 10, 2012.
Addresses for mail and hand delivery of objections and hearing requests
are provided in 40 CFR 178.25(b).
In addition to filing an objection or hearing request with the
Hearing Clerk as described in 40 CFR part 178, please submit a copy of
the filing 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-2011-0507, by one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute.
Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), Mail Code: 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 http://www.epa.gov/dockets/contacts.htm.
Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at http://www.epa.gov/dockets.
II. Background
A. What action is the Agency taking?
In the Federal Register of March 28, 2012 (77 FR 18748) (FRL-9340-
9), EPA issued a rule that proposed to revoke certain tolerances for
the fungicide dicloran and the insecticide formetanate hydrochloride in
follow-up to amended registrations that deleted specific uses, leaving
no dicloran and formetanate hydrochloride registrations for those uses,
and make minor revisions to the tolerance expressions for dicloran and
formetanate hydrochloride and to specific tolerance nomenclatures for
dicloran. Also, the proposed rule of March 28, 2012 provided a 60-day
comment period which invited public comment for consideration and for
support of tolerance retention under FFDCA standards.
In this final rule, EPA is revoking certain tolerances because
either they are no longer needed or are associated with food uses that
are no longer registered under the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA) in the United States. Those instances where
registrations were canceled were because the registrant failed to pay
the required maintenance fee and/or the registrant voluntarily
requested cancellation of one or more registered uses of the pesticide
active ingredient. The tolerances revoked by this final rule are no
longer necessary to cover residues of the relevant pesticides in or on
domestically treated commodities or commodities treated outside but
imported into the United States. It is EPA's general practice to issue
a final rule revoking those tolerances and tolerance exemptions for
residues of pesticide active ingredients on crop uses for which there
are no active registrations under FIFRA, unless any person in comments
on the proposal indicates a need for the tolerance or tolerance
exemption to cover residues in or on imported commodities or legally
treated domestic commodities.
EPA has historically been concerned that retention of tolerances
that are not necessary to cover residues in or on
[[Page 40814]]
legally treated foods may encourage misuse of pesticides within the
United States.
Generally, EPA will proceed with the revocation of these tolerances
on the grounds discussed in Unit II.A. if one of the following
conditions applies:
1. Prior to EPA's issuance of a FFDCA section 408(f) order
requesting additional data or issuance of a FFDCA section 408(d) or (e)
order revoking the tolerances on other grounds, commenters retract the
comment identifying a need for the tolerance to be retained.
2. EPA independently verifies that the tolerance is no longer
needed.
3. The tolerance is not supported by data that demonstrate that the
tolerance meets the requirements under the Food Quality Protection Act
(FQPA).
In response to the proposed rule published in the Federal Register
of March 28, 2012 (77 FR 18748), EPA received no comments during the
60-day public comment period. Therefore, EPA is finalizing the actions
proposed concerning dicloran and formetanate hydrochloride in the
Federal Register of March 28, 2012 (77 FR 18748) (FRL-9340-9). For a
detailed discussion of the Agency's rationale for the finalized
tolerance actions, refer to the proposed rule of March 28, 2012.
B. What is the Agency's authority for taking this action?
EPA's general practice is to revoke tolerances for residues of
pesticide active ingredients on crops for which FIFRA registrations no
longer exist and on which the pesticide may therefore no longer be used
in the United States. EPA has historically been concerned that
retention of tolerances that are not necessary to cover residues in or
on legally treated foods may encourage misuse of pesticides within the
United States. Nonetheless, EPA will establish and maintain tolerances
even when corresponding domestic uses are canceled if the tolerances,
which EPA refers to as ``import tolerances,'' are necessary to allow
importation into the United States of food containing such pesticide
residues. However, where there are no imported commodities that require
these import tolerances, the Agency believes it is appropriate to
revoke tolerances for unregistered pesticides in order to prevent
potential misuse.
C. When do these actions become effective?
As stated in the DATES section, this final rule is effective July
11, 2012. However, EPA is revoking the dicloran tolerance on potato
with an expiration/revocation date of December 31, 2014 and the
formetanate hydrochloride tolerances on apple; apple, wet pomace;
peach; and pear with expiration/revocation dates of December 31, 2013.
The Agency believes that these expiration/revocation dates allow users
to exhaust stocks and allow sufficient time for passage of treated
commodities through the channels of trade.
Any commodities listed in the regulatory text of this document that
are treated with the pesticides subject to this final rule, and that
are in the channels of trade following the tolerance revocations, shall
be subject to FFDCA section 408(1)(5), as established by FQPA. Under
this unit, any residues of these pesticides in or on such food shall
not render the food adulterated so long as it is shown to the
satisfaction of the Food and Drug Administration that:
1. The residue is present as the result of an application or use of
the pesticide at a time and in a manner that was lawful under FIFRA.
2. The residue does not exceed the level that was authorized at the
time of the application or use to be present on the food under a
tolerance or exemption from tolerance. Evidence to show that food was
lawfully treated may include records that verify the dates that the
pesticide was applied to such food.
III. International Residue Limits
In making its tolerance decisions, EPA seeks to harmonize U.S.
tolerances with international standards whenever possible, consistent
with U.S. food safety standards and agricultural practices. EPA
considers the international maximum residue limits (MRLs) established
by the Codex Alimentarius Commission (Codex), as required by FFDCA
section 408(b)(4). The Codex Alimentarius is a joint United Nations
Food and Agriculture Organization/World Health Organization food
standards program, and it is recognized as an international food safety
standards-setting organization in trade agreements to which the United
States is a party. EPA may establish a tolerance that is different from
a Codex MRL; however, FFDCA section 408(b)(4) requires that EPA explain
the reasons for departing from the Codex level.
The Codex has not established a MRL for formetanate hydrochloride
or MRL for dicloran in or on potatoes.
IV. Statutory and Executive Order Reviews
In this final rule, EPA revokes specific tolerances established
under FFDCA section 408. The Office of Management and Budget (OMB) has
exempted this type of action (i.e., a tolerance revocation for which
extraordinary circumstances do not exist) from review under Executive
Order 12866, entitled ``Regulatory Planning and Review'' (58 FR 51735,
October 4, 1993). Because this rule has been exempted from review under
Executive Order 12866 due to its lack of significance, this rule is not
subject to Executive Order 13211, entitled ``Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use'' (66 FR 28355, May 22, 2001). 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., or 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). Nor does
it require any special considerations as required by Executive Order
12898, entitled ``Federal Actions to Address Environmental Justice in
Minority Populations and Low-Income Populations'' (59 FR 7629, February
16, 1994); or OMB review or any other Agency action under Executive
Order 13045, entitled ``Protection of Children from Environmental
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997). 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 104-13, section 12(d) (15 U.S.C. 272 note).
Pursuant to the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et
seq.), the Agency previously assessed whether revocations of tolerances
might significantly impact a substantial number of small entities and
concluded that, as a general matter, these actions do not impose a
significant economic impact on a substantial number of small entities.
This analysis was published on December 17, 1997 (62 FR 66020) (FRL-
5753-1), and was provided to the Chief Counsel for Advocacy of the
Small Business Administration. Taking into account this analysis and
available information concerning the pesticides listed in this rule,
the Agency hereby certifies that this final rule will not have a
significant economic impact on a substantial number of small entities.
In a memorandum dated May 25, 2001, EPA determined that eight
conditions must all be satisfied in order for an import tolerance or
tolerance exemption revocation to adversely affect a significant number
of small entity importers, and that there is a negligible
[[Page 40815]]
joint probability of all eight conditions holding simultaneously with
respect to any particular revocation. (This Agency document is
available in the docket of the proposed rule, as mentioned in Unit
II.A.). Furthermore, for the pesticides named in this final rule, the
Agency knows of no extraordinary circumstances that exist as to the
present revocations that would change EPA's previous analysis. In
addition, the Agency has determined that this action will not have a
substantial direct effect on States, on the relationship between the
national government and the States, or on the distribution of power and
responsibilities among the various levels of government, as specified
in Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999). Executive Order 13132 requires EPA to develop an accountable
process to ensure ``meaningful and timely input by State and local
officials in the development of regulatory policies that have
federalism implications.'' ``Policies that have federalism
implications'' is defined in the Executive order to include regulations
that have ``substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government.'' This final rule directly regulates growers, food
processors, food handlers, and food retailers, not States. This action
does not alter the relationships or distribution of power and
responsibilities established by Congress in the preemption provisions
of FFDCA section 408(n)(4). For these same reasons, the Agency has
determined that this rule does not have any ``tribal implications'' as
described in Executive Order 13175, entitled ``Consultation and
Coordination with Indian Tribal Governments'' (65 FR 67249, November 9,
2000). Executive Order 13175, requires EPA to develop an accountable
process to ensure ``meaningful and timely input by tribal officials in
the development of regulatory policies that have tribal implications.''
``Policies that have tribal implications'' is defined in the Executive
order to include regulations that have ``substantial direct effects on
one or more Indian tribes, on the relationship between the Federal
Government and the Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.''
This rule will not have substantial direct effects on tribal
governments, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes, as specified in
Executive Order 13175. Thus, Executive Order 13175 does not apply to
this rule.
V. 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 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: July 2, 2012.
Steven Bradbury,
Director, 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. Revise Sec. 180.200 to read as follows:
Sec. 180.200 Dicloran; tolerances for residues.
(a) General. Tolerances are established for residues of the
fungicide dicloran, including its metabolites and degradates, in or on
the commodities in the table in this paragraph. Compliance with the
tolerance levels specified in this paragraph is to be determined by
measuring only dicloran, 2,6-dichloro-4-nitroaniline, in or on the
commodity.
------------------------------------------------------------------------
Parts per Expiration/revocation
Commodity million date
------------------------------------------------------------------------
Apricot............................. 20 None.
Bean, snap, succulent............... 20 None.
Carrot, roots....................... 10 11/2/11.
Celery.............................. 15 None.
Cherry, sweet....................... 20 None.
Cucumber............................ 5 None.
Endive.............................. 10 None.
Garlic.............................. 5 None.
Grape............................... 10 None.
Lettuce............................. 10 None.
Nectarine........................... 20 None.
Onion............................... 10 None.
Peach............................... 20 None.
Plum, prune, fresh.................. 15 None.
Potato.............................. 0.25 12/31/14.
Rhubarb............................. 10 None.
Sweet potato, roots................. 10 None.
Tomato.............................. 5 None.
------------------------------------------------------------------------
(b) Section 18 emergency exemptions. [Reserved].
(c) Tolerances with regional registrations. [Reserved].
(d) Indirect or inadvertent residues. [Reserved].
0
3. Revise Sec. 180.276 to read as follows:
Sec. 180.276 Formetanate hydrochloride; tolerances for residues.
(a) General. Tolerances are established for residues of the
insecticide formetanate hydrochloride, including its metabolites and
degradates, in or on the commodities in the table in this paragraph.
Compliance with the tolerance levels specified in this paragraph is to
be determined by measuring only formetanate hydrochloride, N,N-
dimethyl-N'-[3-[(methylamino)carbonyl]oxy]phenyl]methanimidamide
hydrochloride, in or on the commodity.
------------------------------------------------------------------------
Parts per Expiration/revocation
Commodity million date
------------------------------------------------------------------------
Apple............................... 0.50 12/31/13.
Apple, wet pomace................... 1.5 12/31/13.
Grapefruit.......................... 1.5 None.
Lemon............................... 0.60 None.
Lime................................ 0.03 None.
Nectarine........................... 0.40 None.
Orange.............................. 1.5 None.
Peach............................... 0.40 12/31/13.
Pear................................ 0.50 12/31/13.
Tangelo............................. 0.03 None.
Tangerine........................... 0.03 None.
------------------------------------------------------------------------
(b) Section 18 emergency exemptions. [Reserved].
(c) Tolerances with regional registrations. [Reserved].
(d) Indirect or inadvertent residues. [Reserved].
[FR Doc. 2012-16961 Filed 7-10-12; 8:45 am]
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