[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]
BILLING CODE 6560-50-S