[Federal Register Volume 75, Number 3 (Wednesday, January 6, 2010)]
[Rules and Regulations]
[Pages 767-770]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-31279]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[EPA-HQ-OPP-2009-0824; FRL-8801-9]
Extension of Tolerances for Emergency Exemptions (Multiple
Chemicals)
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: This regulation extends time-limited tolerances for the
pesticides listed in Unit II. of the SUPPLEMENTARY INFORMATION. These
actions are in response to EPA's granting of emergency exemptions under
section 18 of the Federal Insecticide, Fungicide, and Rodenticide Act
(FIFRA) authorizing use of these pesticides. Section 408(l)(6) of the
Federal Food, Drug, and Cosmetic Act (FFDCA) requires EPA to establish
a time-limited tolerance or exemption from the requirement for a
tolerance for pesticide chemical residues in food that will result from
the use of a pesticide under an emergency exemption granted by EPA.
DATES: This regulation is effective January 6, 2010. Objections and
requests for hearings must be received on or before March 8, 2010, 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-2009-0824. All documents in the
docket are listed in the docket index available at 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: See the table in this unit for the
name of a specific contact person. The following information applies to
all contact persons: Emergency Response Team, Registration Division
(7505P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001.
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Pesticide/CFR Citation Contact Person
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Bifenthrin -- Sec. 180.442 Andrea Conrath
[email protected]
(703) 308-9356
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Avermectin -- Sec. 180.449 Andrew Ertman
[email protected]
(703) 308-9367
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[[Page 768]]
Boscalid -- Sec. 180.589 Stacey Groce
Mancozeb -- Sec. 180.176.............. [email protected]
Pendimethalin -- Sec. 180.361.......... (703) 305-505
Pyraclostrobin -- Sec. 180.582.........
Zoxamide -- Sec. 180.567..............
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Dinotefuran -- Sec. 180.603 Libby Pemberton
[email protected]
(703) 308-9364
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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://www.gpoaccess.gov/ecfr.
C. Can I File an Objection or Hearing Request?
Under section 408(g) of 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. The EPA procedural regulations which
govern the submission of objections and requests for hearings appear in
40 CFR part 178. 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-2009-0824 in the subject line on the first page of
your submission. All requests must be in writing, and must be mailed or
delivered to the Hearing Clerk on or before March 8, 2010.
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 that is described in ADDRESSES. Information not marked
confidential pursuant to 40 CFR part 2 may be disclosed publicly by EPA
without prior notice. Submit your copies, identified by docket ID
number EPA-HQ-OPP-2009-0824, by one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line 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 published final rules in the Federal Register for each
pesticide listed. The initial issuance of these final rules announced
that EPA, on its own initiative, under section 408 of FFDCA, 21 U.S.C.
346a, was establishing time-limited tolerances.
EPA established the tolerances because 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 an emergency
exemption granted by EPA under FIFRA section 18 . Such tolerances can
be established without providing notice or time for public comment.
EPA received requests to extend the use of these chemicals for a
subsequent growing season. After having reviewed these submissions, EPA
concurs that emergency conditions exist. EPA assessed the potential
risks presented by residues for each pesticide. In doing so, EPA
considered the safety standard in section 408(b)(2) of FFDCA, and
decided that the necessary tolerance under section 408(l)(6) of FFDCA
would be consistent with the safety standard and with FIRA section 18.
The data and other relevant material have been evaluated and
discussed in the final rule originally published to support these uses.
Based on that data and information considered, the Agency reaffirms
that extension of these time-limited tolerances will continue to meet
the requirements of section 408(l)(6) of FFDCA. Therefore, the time-
limited tolerances are extended until the date listed. EPA will publish
a document in the Federal Register to remove the revoked tolerances
from the Code of Federal Regulations (CFR). Although these tolerances
will expire and are revoked on the date listed, under section 408(l)(5)
of FFDCA, residues of the pesticide not in excess of the amounts
specified in the tolerance remaining in or on the commodity after that
date will not be unlawful, provided the residue is present as a result
of an application or use of a pesticide at a time and in a manner that
was lawful under FIFRA, the tolerance was in place at the time of the
application, and the residue does not exceed the level that was
authorized by the tolerance. EPA will take action to revoke these
tolerances earlier if any experience with, scientific data on, or other
relevant information on this pesticide indicate that the residues are
not safe.
Tolerances for the use of the following pesticide chemicals on
specific commodities are being extended:
[[Page 769]]
1. Avermectin. EPA has authorized under FIFRA section 18 the use
of avermectin on bulb onions for control of thrips in Colorado (40 CFR
180.449(b)). This regulation extends a time-limited tolerance for
combined residues of the insecticide avermectin B1 and its
delta-8,9-isomer in or on bulb onions at 0.005 parts per million (ppm)
for an additional 3-year period. This tolerance will expire and is
revoked on December 31, 2012. A time-limited tolerance was originally
published in the Federal Register of February 7, 2007 (72 FR 5624-5630)
(FRL-8110-8).
2. Bifenthrin. EPA has authorized under FIFRA section 18 the use of
bifenthrin on orchardgrass for control of the orchardgrass billbug in
Oregon (40 CFR 180.442(b)). This regulation extends time-limited
tolerances for residues of the insecticide bifenthrin, (2-methyl [1,1'-
biphenyl]-3-yl)methyl-3-(2-chloro-3,3,3,-trifluoro-1-propenyl)-2,2-
dimethylcyclopropanecarboxylate, in or on orchardgrass, forage at 2.5
ppm and orchardgrass, hay at 4.5 ppm for an additional 3-year period.
These tolerances will expire and are revoked on December 31, 2012.
Time-limited tolerances were originally published in the Federal
Register of July 26, 2002 (67 FR 48790) (FRL-7187-8), and revised in
the Federal Register of June 11, 2008 (73 FR 33018) (FRL-8366-4).
3. Boscalid. EPA has authorized under FIFRA section 18 the use of
boscalid on Endive, Belgian for control of the fungal pathogen,
Scelerotinia sclerotiorum in California (40 CFR 180.589(b)). This
regulation extends a time-limited tolerance for residues of the
fungicide boscalid, 3-pyridinecarboxamide, 2-chloro-N-(4'-chloro[1,1'-
biphenyl]-2-yl) in or on Endive, Belgian at 16 ppm for an additional 1-
year period. This tolerance will expire and is revoked on December 31,
2010. A time-limited tolerance was originally published in the Federal
Register of March 28, 2008 (73 FR 16553-16559) (FRL-8354-4).
4. Dinotefuran. EPA has authorized under FIFRA section 18 the use
of dinotefuran on rice for control of rice stink bug (Oebalus pugnax
(F.)) in Texas (40 CFR 180.603(b)). This regulation extends a time-
limited tolerance for combined residues of the insecticide dinotefuran,
N-methyl-N'-nitro-N''-((tetrahydro-3-furanyl)methyl)guanidine, and its
metabolites DN, 1-methyl-3-(tetrahydro-3-furylmethyl)guanidine, and UF,
1-methyl-3-(tetrahydro-3-furylmethyl)urea, expressed as dinotefuran in
or on rice, grain at 2.8 ppm for an additional 3-year period. This
tolerance will expire and is revoked on December 31, 2012. A time-
limited tolerance was originally published in the Federal Register of
March 25, 2009 (74 FR 12596-12601) (FRL-8401-5).
5. Mancozeb. EPA has authorized under FIFRA section 18 the use of
mancozeb on ginseng for control of phytophthora stem and leaf blight in
Michigan and Wisconsin (40 CFR 180.176(b)). This regulation extends a
time-limited tolerance for combined residues of the fungicide mancozeb
(calculated as zinc ethylenebisdithiocarbamate and its metabolite,
ethylenethiourea (ETU)), in or on ginseng, root at 2.0 ppm for an
additional 1-year period. This tolerance will expire and is revoked on
December 31, 2010. A time limited tolerance was originally published in
the Federal Register of October 9, 1998 (63 FR 54362) (FRL-6029-5).
6. Pendimethalin. EPA has authorized under FIFRA section 18 the use
of pendimethalin on Bermuda grass for control of common sandbur and
other sandbur species (Cenchrus echinatus), in Texas and Oklahoma (40
CFR 180.361(b)). This regulation extends time-limited tolerances for
combined residues of the herbicide, pendimethalin, N-(1-ethylpropyl)-
3,4-dimethyl-2,6-dinitrobenzenamine, and its metabolite 4-[(1-
ethylpropyl)amino]-2-methyl-3,5-dinitrobenzyl alcohol, in or on Bermuda
grass forage and hay at 25 ppm and 60 ppm, respectively, for an
additional 1-year period. These tolerances will expire and are revoked
on December 31, 2010. Time-limited tolerances were originally published
in the Federal Register of March 18, 2009 (74 FR 11489-11494) (FRL-
8400-1).
7. Pyraclostrobin. EPA has authorized under FIFRA section 18 the
use of pyraclostrobin on Endive, Belgian for control of the fungal
pathogen, Sclerotinia sclerotiorum in California (40 CFR 180.582(b)).
This regulation extends a time-limited tolerance for combined residues
of the fungicide pyraclostrobin (carbamic acid), 2-[[[1-(4-
chlorophenyl)-1H-pyrazol-3-yl]oxy]methyl]phenyl methoxy-methyl ester,
and its desmethoxy metabolite, methyl-N-[[[1-(4-chlorophenyl) pyrazol-
3-yl]oxy]o-tolyl] carbamate), expressed as parent compound, in or on
Endive, Belgian at 11 ppm for an additional 1-year period. This
tolerance will expire and is revoked on December 31, 2010. A time-
limited tolerance was originally published in the Federal Register of
April 23, 2008 (73 FR 21839-21843) (FRL-8359-7).
8. Zoxamide. EPA has authorized under FIFRA section 18 the use of
zoxamide on ginseng for control of phytophthora stem and leaf blight in
Michigan and Wisconsin (40 CFR 180.567(b)). This regulation extends a
time-limited tolerance for residues of the fungicide zoxamide, 3, 5-
dichloro-N-(3-chloro-1-ethyl-1-methyl-2-oxopropyl)-4-methylbenzamide,
in or on ginseng at 0.06 ppm for an additional 1-year period. This
tolerance will expire and is revoked on December 31, 2010. A time-
limited tolerance was originally published in the Federal Register of
March 31, 2004 (69 FR 16800) (FRL-7349-3).
III. Statutory and Executive Order Reviews
This final rule establishes tolerances under section 408(d) of
FFDCA in response to petitions 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 final rule has been
exempted from review under Executive Order 12866, this final 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) 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 on the basis
of a petition under section 408(d) 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
[[Page 770]]
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) (Public Law 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).
IV. 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: December 24, 2009.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.
0
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.
Sec. 180.176 [Amended]
0
2. In Sec. 180.176, in the table to paragraph (b), amend the entry for
ginseng root by revising the expiration date ``12/31/09'' to read ``12/
31/10.''
Sec. 180.361 [Amended]
0
3. In Sec. 180.361, in the table to paragraph (b), amend the entry for
Bermuda grass, forage, and Bermuda grass, hay by revising the
expiration dates ``12/31/09'' to read ``12/31/10.''
Sec. 180.442 [Amended]
0
4. In Sec. 180.442, in the table to paragraph (b), amend the entries
for orchardgrass, forage and orchardgrass, hay by revising the
expiration dates ``12/31/09'' to read ``12/31/12.''
Sec. 180.449 [Amended]
0
5. In Sec. 180.449, in the table to paragraph (b), amend the entry for
onion, bulb by revising the expiration date ``12/31/09'' to read ``12/
31/12.''
Sec. 180.567 [Amended]
0
6. In Sec. 180.567, in the table to paragraph (b), amend the entry for
ginseng by revising the expiration date ``12/31/09'' to read ``12/31/
10.''
Sec. 180.582 [Amended]
0
7. In Sec. 180.582, in the table to paragraph (b), amend the entry for
Endive, Belgian by revising the expiration date ``12/31/09'' to read
``12/31/10.''
Sec. 180.589 [Amended]
0
8. In Sec. 180.589, in the table to paragraph (b), amend the entry for
Endive, Belgian by revising the expiration date ``12/31/09'' to read
``12/31/10.''
Sec. 180.603 [Amended]
0
9. In Sec. 180.603, in the table to paragraph (b), amend the entry for
rice, grain by revising the expiration date ``12/31/09'' to read ``12/
31/12.''
[FR Doc. E9-31279 Filed 1-5-10; 8:45 am]
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