[Federal Register Volume 78, Number 103 (Wednesday, May 29, 2013)]
[Rules and Regulations]
[Pages 32155-32157]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-12595]



40 CFR Part 180

[EPA-HQ-OPP-2012-0441; FRL-9386-5]

Difenzoquat; Order Revoking Tolerances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Order of revocation.


SUMMARY: EPA is revoking all the tolerances for the pesticide 
difenzoquat. EPA previously required that data be submitted to support 
these tolerances and that notice of intent to submit that data be 
submitted to the Agency by March 19, 2013. No notice of intent to 
provide the required data was submitted.

[[Page 32156]]

DATES: This order of revocation is effective May 29, 2013. Objections 
and requests for hearings must be received on or before July 29, 2013, 
and must be filed in accordance with the instructions provided in 40 
CFR part 178 (see also Unit I.B. of the SUPPLEMENTARY INFORMATION).

ADDRESSES: The docket for this action, identified by docket 
identification (ID) number EPA-HQ-OPP-2012-0441, 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: 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: 
[email protected].


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 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 order and may also request a hearing on those objections. You 
must file your objection or request a hearing on this order 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- 0441 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 July 29, 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-2012-0441, 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 
     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. EPA's Order to Revoke Tolerances

A. What action is the Agency taking?

    Pursuant to FFDCA section 408(f), EPA determined that additional 
data are reasonably required to support the continuation of the 
tolerances for difenzoquat which are codified at 40 CFR 180.369. In the 
Federal Register of December 19, 2012 (77 FR 75037) (FRL-9372-9), EPA 
issued a final data call-in order in follow-up to a proposed order 
which published in the Federal Register on July 6, 2012 (77 FR 39962) 
(FRL-9352-9). In the final data call-in order of December 19, 2012, EPA 
required the submission of various data to support the continuation of 
the tolerances for the pesticide difenzoquat. Because there are 
currently no domestic registrations for difenzoquat, these tolerances 
are referred to as ``import tolerances.'' According to the terms of the 
order, if the Agency did not receive a section 408(f) Response Form 
identifying a person who agrees to submit the required data within 90 
days after publication of the final order (March 19, 2013), EPA would 
proceed to revoke the difenzoquat tolerances at 40 CFR 180.369.
    Subsequent to the final data call-in order of December 19, 2012, 
EPA received no submissions of the ``section 408(f) Order Response'' 
form within the required 90-day period. Therefore, in this order, EPA 
is revoking all the tolerances for the pesticide difenzoquat in 40 CFR 
180.369, which includes tolerances for the following commodities: 
Barley, bran; barley, grain; barley, straw; cattle, fat; cattle, meat; 
cattle, meat byproducts; goat, fat; goat, meat; goat, meat byproducts; 
hog, fat; hog, meat; hog, meat byproducts; horse, fat; horse, meat; 
horse, meat byproducts; poultry, fat; poultry, meat; poultry, meat 
byproducts; sheep, fat; sheep, meat; sheep, meat byproducts; wheat, 
bran; wheat, grain; wheat, shorts; and wheat, straw.
    This tolerance revocation order for difenzoquat is subject to the 
objection and hearing procedure in FFDCA section 408(g)(2) but the only 
material issue in such a procedure is whether a submission required by 
the order was made in a timely fashion.

B. What is the Agency's authority for taking this action?

    Under FFDCA section 408(f)(2), if a submission required by an order 
issued pursuant to section 408(f)(1) is not received by the date 
specified in that order, EPA may by order published in the Federal 
Register revoke the tolerance that is the subject of that order.

C. When do these actions become effective?

    As stated in the DATES section, this order is effective on the date 
of publication in the Federal Register. An order issued under FFDCA 
section 408(f)(2) shall take effect upon publication unless the 
regulation or order specifies otherwise. However, the Agency may stay 
the effectiveness of the regulation or order if, after issuance of such 
regulation or order, objections are filed with respect to such 
regulation or order pursuant to FFDCA section 408(g)(2). (21 U.S.C. 
    Any commodities listed in the regulatory text of this document that 
are treated with the pesticides subject to this order, and that are in 
the channels

[[Page 32157]]

of trade following the tolerance revocations, shall be subject to FFDCA 
section 408(1)(5), as established by the Food Quality Protection Act 
(FQPA). Under this unit, any residues of the pesticide 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 the 
Federal Insecticide, Fungicide, and Rodenticide Act (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. Statutory and Executive Order Reviews

    This action, which revokes tolerances due to a failure to comply 
with a data call-in order, is in the form of an order and not a rule. 
(21 U.S.C. 346a(f)(1)(C)). Under the Administrative Procedure Act 
(APA), orders are expressly excluded from the definition of a rule. (5 
U.S.C. 551(4)). Accordingly, the regulatory assessment requirements 
imposed on a rulemaking do not apply to this action, as explained 
further in the following discussion.

A. Executive Order 12866 and Executive Order 13563

    Because this order is not a ``regulatory action'' as that term is 
defined in Executive Order 12866, entitled ``Regulatory Planning and 
Review'' (58 FR 51735, October 4, 1993), this action is not subject to 
review by the Office of Management and Budget (OMB) under Executive 
Orders 12866 and 13563, entitled ``Improving Regulation and Regulatory 
Review'' (76 FR 3821, January 21, 2011).

B. Paperwork Reduction Act

    This action does not impose additional burdens that require 
approval by OMB under the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 
et seq.). The information collection activities associated with the 
prior order requesting data from any party interested in supporting the 
tolerances being revoked today were approved by OMB under OMB Control 
No. 2070-0174, and are identified by EPA ICR No. 2288.01. Burden is 
defined at 5 CFR 1320.3(b). Under the PRA, an Agency may not conduct or 
sponsor, and a person is not required to respond to a collection of 
information that requires OMB approval under PRA, unless it has been 
approved by OMB and displays a currently valid OMB control number. The 
OMB control numbers for EPA's regulations in title 40 of the CFR, after 
appearing in the Federal Register, are listed in 40 CFR part 9, and 
included on the related collection instrument, or form, if applicable.

C. Regulatory Flexibility Act

    Since this order is not a rule under the APA (5 U.S.C. 551(4)), and 
does 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 

D. Unfunded Mandates Reform Act; and Executive Orders 13132 and 13175

    This order 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 
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 order. In addition, this 
order does not impose any enforceable duty or contain any unfunded 
mandate as described under Title II of the Unfunded Mandates Reform Act 
(UMRA) (2 U.S.C. 1531-1538).

E. Executive Orders 13045, 13211, and 12898

    As indicated previously, this action is not a ``regulatory action'' 
as defined by Executive Order 12866. As a result, this action is not 
subject to Executive Order 13045, entitled ``Protection of Children 
from Environmental Health Risks and Safety Risks'' (62 FR 19885, April 
23, 1997), and Executive Order 13211 entitled ``Actions Concerning 
Regulations That Significantly Affect Energy Supply, Distribution, or 
Use'' (66 FR 28355, May 22, 2001). In addition, this order also does 
not 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, 

F. National Technology Transfer and Advancement Act

    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 (NTTAA), (15 U.S.C. 272 note).

IV. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., does not apply 
because this action is not a rule as that term is defined in 5 U.S.C. 

List of Subjects in 40 CFR Part 180

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

    Dated: May 7, 2013.
Steven Bradbury,
Director, 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.

Sec.  180.369  [Removed]

2. Remove Sec.  180.369.

[FR Doc. 2013-12595 Filed 5-28-13; 8:45 am]