[Federal Register Volume 77, Number 240 (Thursday, December 13, 2012)]
[Rules and Regulations]
[Pages 74116-74119]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-30109]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2012-0825; FRL-9372-1]


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 this document. These actions are in response to 
EPA's granting of emergency exemptions under the Federal Insecticide, 
Fungicide, and Rodenticide Act (FIFRA) authorizing use of these 
pesticides. 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 December 13, 2012. Objections and 
requests for hearings must be received on or before February 11, 2013], 
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-2012-0825, 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.

[[Page 74117]]


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.

------------------------------------------------------------------------
         Pesticide/CFR citation                   Contact person
------------------------------------------------------------------------
1-Naphthaleneacetic acid 40 CFR 180.155  Keri Grinstead,
                                          [email protected], (703)
                                          308-8373.
Kasugamycin 40 CFR 180.614.............  Keri Grinstead,
                                          [email protected], (703)
                                          308-8373.
Mandipropamid 40 CFR 180.637...........  Debra Rate, [email protected],
                                          (703) 306-0309.
------------------------------------------------------------------------


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. 
The following list of North American Industrial Classification System 
(NAICS) codes is not intended to be exhaustive, but rather provides a 
guide to help readers determine whether this document applies to them. 
Potentially affected entities may include:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).

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 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-2012-0825 in the subject line on the first 
page of your submission. All requests must be in writing, and must be 
received by the Hearing Clerk on or before February 11, 2013. 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 (excluding any Confidential Business Information (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 the non-CBI copy of your objection or hearing 
request, identified by docket ID number EPA-HQ-OPP-2012-0825, 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 CBI or other 
information whose disclosure is restricted by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket 
Center (EPA/DC), (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 and Statutory Findings

    EPA published final rules in the Federal Register for each chemical 
listed. The initial issuance of these final rules announced that EPA, 
on its own initiative, under FFDCA section 408, 21 U.S.C. 346a, was 
establishing time-limited tolerances.
    EPA established the tolerances because FFDCA section 408(l)(6) 
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 this 
year's growing season. After having reviewed these submissions, EPA 
concurs that emergency conditions exist. EPA assessed the potential 
risks presented by residues for each chemical. In doing so, EPA 
considered the safety standard in FFDCA section 408(b)(2), and decided 
that the necessary tolerance under FFDCA section 408(l)(6) would be 
consistent with the safety standard and with FIFRA section 18.
    The data and other relevant material have been evaluated and 
discussed in the final rules 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 FFDCA section 408(l)(6). Therefore, each of 
these time-limited tolerances is extended until the date specified 
below, when each will expire and become automatically revoked. 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 FFDCA 
section 408(l)(5), 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:
    1-Naphthaleneacetic acid. EPA has authorized under FIFRA section 18 
the use of 1-naphthaleneacetic acid on avocado tree limbs that have 
been pruned or cut back to a stump to suppress excess branch growth 
(suckering) in California. This regulation extends a time-limited 
tolerance for the combined residues of the plant growth regulator, 1-
naphthaleneacetic acid and its conjugates calculated as 1-
naphthaleneacetic acid from the application of 1-naphthaleneacetic 
acid,

[[Page 74118]]

its ammonium, sodium, or potassium salts, ethyl ester, and acetamide in 
or on avocado at 0.05 ppm for an additional 3-year period. This 
tolerance will expire and is revoked on December 31, 2015. A time-
limited tolerance was originally published in the Federal Register of 
August 12, 2009 (74 FR 40513) (FRL-8428-3).
    Kasugamycin. EPA has authorized under FIFRA section 18 the use of 
kasugamycin on apples for control of fire blight in Michigan. This 
regulation extends a time-limited tolerance for residues of the 
fungicide kasugamycin in or on apple at 0.05 ppm for an additional 3-
year period. This tolerance will expire and is revoked on December 31, 
2015. A time-limited tolerance was originally published in the Federal 
Register of April 14, 2010 (75 FR 19268) (FRL-8808-7).
    Mandipropamid. EPA has authorized under FIFRA section 18 the use of 
mandipropamid on basil for control of downy mildew in Illinois. This 
regulation extends a time-limited tolerance for the combined residues 
of the fungicide mandipropamid and its metabolites in or on basil, 
fresh at 20 ppm and basil, dried at 240 ppm for an additional 3-year 
period. These tolerances will expire and are revoked on December 31, 
2015. A time-limited tolerance was originally published in the Federal 
Register of September 9, 2011 (76 FR 55799) (FRL-8886-8).

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 1-naphthaleneacetic acid in 
or on avocados.
    The Codex has not established a MRL for kasugamycin in or on 
apples.
    The Codex has not established MRLs for mandipropamid in or on basil 
commodities.

IV. Statutory and Executive Order Reviews

    This final rule establishes a tolerance under FFDCA section 408(d) 
in response to a petition 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 FFDCA section 408(d), such as the tolerance 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 FFDCA section 408(n)(4). 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) (2 U.S.C. 1501 et seq.).
    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) (15 U.S.C. 272 note).

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, Administrative practice and procedure, 
Agricultural commodities, Pesticides and pests, Reporting and 
recordkeeping requirements.

    Dated: December 7, 2012.
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. In Sec.  180.155, revise the table in paragraph (b) to read as 
follows:


Sec.  180.155  1-Naphthaleneacetic acid; tolerances for residues.

* * * * *
    (b) * * *

------------------------------------------------------------------------
                                    Parts per     Expiration/revocation
            Commodity                million              date
------------------------------------------------------------------------
Avocado.........................         0.05                  12/31/15
------------------------------------------------------------------------


[[Page 74119]]

* * * * *

0
3. In Sec.  180.614, revise the table in paragraph (b) to read as 
follows:


Sec.  180.614  Kasugamycin; tolerances for residues.

* * * * *
    (b) * * *

------------------------------------------------------------------------
                                    Parts per     Expiration/revocation
            Commodity                million              date
------------------------------------------------------------------------
Apple...........................         0.05                  12/31/15
------------------------------------------------------------------------

* * * * *

0
4. In Sec.  180.637, revise the table in paragraph (b) to read as 
follows:


Sec.  180.637  Mandipropamid; tolerances for residues.

* * * * *
    (b) * * *

------------------------------------------------------------------------
                                    Parts per     Expiration/revocation
            Commodity                million              date
------------------------------------------------------------------------
Basil, dried....................          240                  12/31/15
Basil, fresh....................           20                  12/31/15
------------------------------------------------------------------------

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[FR Doc. 2012-30109 Filed 12-12-12; 8:45 am]
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