[Federal Register Volume 78, Number 81 (Friday, April 26, 2013)]
[Rules and Regulations]
[Pages 24682-24683]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-09956]



40 CFR Part 180

[EPA-HQ-OPP-2012-0755; FRL-9384-9]

Dinotefuran; Pesticide Tolerances for Emergency Exemptions; 
Technical Amendment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; technical amendment.


SUMMARY: EPA issued a final rule in the Federal Register of November 9, 
2012, concerning establishing time-limited tolerances for dinotefuran 
on pome fruit, group 11 and stone fruit, group 12, in connection with 
authorizations for emergency exemption uses under section 18 of the 
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). This 
document amends the tolerance listing for dinotefuran by restoring the 
time-limited tolerances that were inadvertently deleted by a subsequent 
(unrelated) final rule published in the Federal Register of November 
28, 2012.

DATES: This final rule amendment is effective April 26, 2013.

ADDRESSES: The docket for this action, identified by docket 
identification (ID) number EPA-HQ-OPP-2012-0755, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory 
Public Docket (OPP Docket) in the Environmental Protection Agency 
Docket Center (EPA/DC), EPA West Bldg., Rm. 3334, 1301 Constitution 
Ave. NW., Washington, DC 20460-0001. The Public Reading Room is open 
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal 
holidays. The telephone number for the Public Reading Room is (202) 
566-1744, and the telephone number for the OPP Docket is (703) 305-
5805. Please review the visitor instructions and additional information 
about the docket available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Andrea Conrath, Registration Division 
(7505P), Office of Pesticide Programs, Environmental Protection Agency, 
1200 Pennsylvania Ave. NW., Washington DC 20460-0001; telephone number: 
(703) 308-9356; email address: [email protected].


I. Does this action apply to me?

    The Agency included in the final rule a list of those who may be 
potentially affected by this action.

[[Page 24683]]

II. What does this technical amendment do?

    On November 9, 2012, EPA issued a final rule establishing time-
limited tolerances for residues of dinotefuran in or on pome fruit, 
group 11 and stone fruit, group 12 in 40 CFR 180.603(b). A subsequent 
rule was published on November 28, 2012, establishing permanent 
tolerances for dinotefuran on rice and other commodities, under 40 CFR 
180.603(a). Inadvertently, with the establishment of the permanent 
tolerances on November 28, 2012, the time-limited tolerances for pome 
fruit, group 11 and stone fruit, group 12, that had previously been 
established in the November 9, 2012 final rule were deleted. This final 
rule will restore Sec.  180.603(b), as well as the pesticide time-
limited tolerances for pome fruit, group 11 and stone fruit, group 12, 
to support uses authorized under section 18 emergency exemptions.

III. Why is this amendment issued as a final rule?

    Section 553 of the Administrative Procedure Act (APA) (5 U.S.C. 
553(b)(3)(B)) provides that, when an agency for good cause finds that 
notice and public procedure are impracticable, unnecessary, or contrary 
to the public interest, the agency may issue a final rule without 
providing notice and an opportunity for public comment. EPA has 
determined that there is good cause for making this technical amendment 
final without prior proposal and opportunity for comment, in order to 
move quickly on the emergency exemption to address an urgent non-
routine situation and ensure that the resulting food is safe and 
lawful, as provided for in FFDCA section 408(l)(6). EPA finds that this 
constitutes good cause under 5 U.S.C. 553(b)(3)(B).

IV. Do any of the statutory and executive order reviews apply to this 

    EPA included a discussion of the statutory and Executive Order 
reviews in the November 9, 2012 final rule.

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, Agricultural commodities, Pesticides and 

    Dated: April 19, 2013.
Daniel J. Rosenblatt,
Acting Director, Registration Division, Office of Pesticide Programs.

    Therefore, 40 CFR Chapter I is amended as follows:


1. The authority citation for part 180 continues to read as follows:

    Authority: 21 U.S.C. 321(q), 346a and 371.

2. In Sec.  [emsp14]180.603, revise paragraph (b) to read as follows:

Sec.  [emsp14]180.603  Dinotefuran; tolerances for residues.

* * * * *
    (b) Section 18 emergency exemptions. Time-limited tolerances are 
established for residues of dinotefuran, (RS)-1-methyl-2-nitro-3-
((tetrahydro-3-furanyl)methyl)guanidine, including its metabolites and 
degradates, in or on the commodities in the table below resulting from 
use of the pesticide pursuant to FIFRA section 18 emergency exemptions. 
Compliance with the tolerance levels specified below is to be 
determined by measuring only the sum of dinotefuran and its metabolites 
DN, 1-methyl-3-(tetrahydro-3-furylmethyl)guanidine, and UF, 1-methyl-3-
(tetrahydro-3-furylmethyl)urea, calculated as the stoichiometric 
equivalent of dinotefuran, in or on the commodities listed in the table 
below. The tolerances expire and are revoked on the dates specified in 
the table.

                   Commodity                     Parts per    revocation
                                                  million        date
Fruit, pome, group 11.........................          1.0     12/31/15
Fruit, stone, group 12........................          1.0     12/31/15

* * * * *
[FR Doc. 2013-09956 Filed 4-25-13; 8:45 am]