Federal Register / Vol. 80, No. 191 / Friday, October 2, 2015 / Rules and Regulations 59627 

PENNSYLVANIA—1997 ANNUAL PM2.5 NAAQS—Continued 

[Primary and secondary] 

Designated area 

Designation a Classification 

Date 1 Type Date 2 Type 

Allegheny County (remainder) ............................. October 2, 2015 ............... Attainment.

Armstrong County (part) ...................................... October 2, 2015 ............... Attainment.

Elderton Borough and Plumcreek and Washington 

Townships: 

Beaver County ..................................................... October 2, 2015 ............... Attainment.

Butler County ....................................................... October 2, 2015 ............... Attainment.

Greene County (part) ........................................... October 2, 2015 ............... Attainment.

Monongahela Township: 

Lawrence County (part) ....................................... October 2, 2015 ............... Attainment.

Township of Taylor south of New Castle City: 

Washington County .............................................. October 2, 2015 ............... Attainment.

Westmoreland County .......................................... October 2, 2015 ............... Attainment.

*******

a Includes Indian Country located in each county or area, except as otherwise specified. 

1This date is 90 days after January 5, 2005, unless otherwise noted. 

2This date is July 2, 2014, unless otherwise noted. 

* * * * * 

PENNSYLVANIA—2006 24-HOUR PM2.5 NAAQS 

[Primary and secondary] 

Designated area 

Designation a Classification 

Date 1 Type Date 2 Type 

*******

Pittsburgh-Beaver Valley, PA: 

Allegheny County (remainder) ............................. October 2, 2015 ............... Attainment.

Armstrong County (part) ...................................... October 2, 2015 ............... Attainment.

Elderton Borough and Plumcreek and Washington 

Townships: 

Beaver County ..................................................... October 2, 2015 ............... Attainment.

Butler County ....................................................... October 2, 2015 ............... Attainment.

Green County (part) ............................................. October 2, 2015 ............... Attainment.

Monongahela Township: 

Lawrence County (part) ....................................... October 2, 2015 ............... Attainment.

Township of Taylor south of New Castle City: 

Washington County .............................................. October 2, 2015 ............... Attainment.

Westmoreland County .......................................... October 2, 2015 ............... Attainment.

*******

a Includes Indian County located in each county or area, except as otherwise specified. 

1This date is 30 days after November 13, 2009, unless otherwise noted. 

2This date is July 2, 2014, unless otherwise noted. 

* * * * * 

[FR Doc. 2015–24851 Filed 10–1–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2013–0141; FRL–9933–03] 

Benzovindiflupyr; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

tolerances for residues of 

benzovindiflupyr in or on multiple 

commodities that are identified and 

discussed later in this document. 

Syngenta Crop Protection, LLC., 

requested these tolerances under the 

Federal Food, Drug, and Cosmetic Act 

(FFDCA). 

DATES: This regulation is effective 

October 2, 2015. Objections and 

requests for hearings must be received 

on or before December 1, 2015, 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–2013–0141, 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), West William 

Jefferson Clinton Bldg., Rm. 3334, 1301 

Constitution Ave. NW., Washington, DC 

20460–0001. The Public Reading Room 


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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: 

Susan Lewis, Registration Division 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001; main telephone 

number: (703) 305–7090; email address: 

RDFRNotices@epa.gov. 

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 EPA’s tolerance 

regulations at 40 CFR part 180 through 

the Government Printing Office’s e-CFR 

site at http://www.ecfr.gov/cgi-bin/textidx?&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–2013–0141 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 December 1, 2015. 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– 

2013–0141, 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.html. 

Additional instructions on 

commenting or visiting the docket, 

along with more information about 

dockets generally, is available at http:// 

www.epa.gov/dockets. 

II. Summary of Petitioned-For 

Tolerance 

In the Federal Register of June 5, 2013 

(78 FR 33785) (FRL–9386–2), EPA 

issued a document pursuant to FFDCA 

section 408(d)(3), 21 U.S.C. 346a(d)(3), 

announcing the filing of two pesticide 

petitions (PP 2E8123 and 2F8121) by 

Syngenta Crop Protection, LLC., P.O. 

Box 18300, Greensboro, NC 27419. 

Petition 2E8123 requested that 40 CFR 

part 180 be amended by establishing 

tolerances for residues of the fungicide, 

benzovindiflupyr in or on coffee, bean, 

green at 0.09 parts per million (ppm) 

and sugarcane, cane at 0.04 ppm. 

Petition 2F8121 requested that 40 CFR 

part 180 be amended by establishing 

tolerances for residues of the fungicide, 

benzovindiflupyr in or on apple, wet 

pomace at 0.6 ppm; barley, grain at 1.5 

ppm; barley, hay at 15 ppm; barley, 

straw at 15 ppm; corn, field, grain at 

0.02 ppm; corn, field, forage at 3 ppm; 

corn, field, stover at 15 ppm; corn, pop, 

grain at 0.02 ppm; corn, pop, stover at 

15 ppm; corn, sweet, ear at 0.01 ppm; 

corn, sweet, forage at 4 ppm; corn, 

sweet, stover at 5 ppm; cottonseed, 

subgroup 20C at 0.15 ppm; cotton, gin 

byproducts at 3 ppm; vegetables, 

cucurbits, crop group 9 at 0.2 ppm; 

fruits, pome, crop group 11–10 at 0.2 

ppm; fruits, small vines climbing, 

except fuzzy kiwi subgroup 13–07F at 1 

ppm; grain, aspirated fractions at 7 ppm; 

oat, grain at 1.5 ppm; oat, hay at 15 

ppm; oat, straw at 15 ppm; peas and 

bean, dried shelled, except soybean, 

subgroup 6C at 0.2 ppm; peas, hay at 7 

ppm; peas, vine at 1.5 ppm; peanut, 

nutmeat at 0.01 ppm; peanut, hay at 15 

ppm; potato, wet peel at 0.1 ppm; raisin 

at 4 ppm; rapeseed, subgroup 20A at 

0.15 ppm; rye, grain at 0.1 ppm; rye, hay 

at 15 ppm; rye, straw at 10 ppm; 

soybean, seed at 0.07 ppm; soybean, 

forage at 15 ppm; soybean, hay at 50 

ppm; vegetables, fruiting, crop group 8– 

10 at 0.8 ppm; vegetables, tuberous and 

corm subgroup 1C at 0.02 ppm; wheat, 

grain at 0.1 ppm; wheat, forage at 4 

ppm; wheat, hay at 15 ppm; wheat, 

straw at 10 ppm; and at 0.01 ppm in or 

on the following animal commodities: 

cattle, goat, horse, and sheep fat, kidney, 

liver, meat, and meat byproducts; egg; 

hog, fat, liver, meat, and meat 

byproducts; milk; milk, fat; and poultry, 

byproducts, fat, liver, meat, and skin. 

That document referenced a summary 

of the petition prepared by Syngenta 

Crop Protection, the registrant, which is 

available in the docket, http://

www.regulations.gov. Comments were 

received on the notice of filing. EPA’s 

response to these comments is 

discussed in Unit IV.C. 

Based upon review of the data 

supporting the petition, EPA has 

modified the requested tolerances and 

levels for the reasons explained in Unit 

IV.D. 

III. Aggregate Risk Assessment and 

Determination of Safety 

Section 408(b)(2)(A)(i) of FFDCA 

allows EPA to establish a tolerance (the 

legal limit for a pesticide chemical 

residue in or on a food) only if EPA 

determines that the tolerance is ‘‘safe.’’ 

Section 408(b)(2)(A)(ii) of FFDCA 

defines ‘‘safe’’ to mean that ‘‘there is a 

reasonable certainty that no harm will 

result from aggregate exposure to the 

pesticide chemical residue, including 

all anticipated dietary exposures and all 

other exposures for which there is 

reliable information.’’ This includes 

exposure through drinking water and in 

residential settings, but does not include 

occupational exposure. Section 

408(b)(2)(C) of FFDCA requires EPA to 

give special consideration to exposure 

of infants and children to the pesticide 

chemical residue in establishing a 

tolerance and to ‘‘ensure that there is a 

reasonable certainty that no harm will 

result to infants and children from 


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aggregate exposure to the pesticide 

chemical residue . . . .’’ 

Consistent with FFDCA section 

408(b)(2)(D), and the factors specified in 

FFDCA section 408(b)(2)(D), EPA has 

reviewed the available scientific data 

and other relevant information in 

support of this action. EPA has 

sufficient data to assess the hazards of 

and to make a determination on 

aggregate exposure for benzovindiflupyr 

including exposure resulting from the 

tolerances established by this action. 

EPA’s assessment of exposures and risks 

associated with benzovindiflupyr 

follows. 

A. Toxicological Profile 

EPA has evaluated the available 

toxicity data and considered its validity, 

completeness, and reliability as well as 

the relationship of the results of the 

studies to human risk. EPA has also 

considered available information 

concerning the variability of the 

sensitivities of major identifiable 

subgroups of consumers, including 

infants and children. 

Benzovindiflupyr has low acute 

toxicity by the dermal and inhalation 

routes, with moderate toxicity via the 

oral route. It is not a dermal sensitizer, 

but causes mild skin irritation and 

moderate eye irritation. The target 

organs for effects of benzovindifulpyr 

are the liver, thyroid, and kidneys. 

Benzovindiflupyr produced effects in 

rat fetuses (i.e. decreased fetal weight 

and ossification) in developmental 

toxicity studies but only at maternally 

toxic doses. In the rabbit developmental 

study, there were no adverse effects in 

either the does or the fetuses at the 

highest dose tested. In reproduction 

studies, offspring effects occurred at 

doses higher than the doses causing 

parental effects; thus, there was no 

quantitative increase in sensitivity in rat 

pups. There are indications of 

reproductive toxicity in rats such as 

decreased follicle counts, but these 

effects did not result in reduced fertility. 

No evidence of specific neurotoxicity 

was observed in the acute neurotoxicity 

(ACN) or subchronic neurotoxicity 

(SCN) studies. Benzovindiflupyr caused 

decreased activity and decreased grip 

strength in the neurotoxicity studies; 

however, there were no supportive 

neurohistopathology in any 

toxicological study, even at the highest 

doses tested. 

There was no evidence of immune 

system toxicity in a study conducted in 

the mouse, or in any other toxicity 

studies in the database. 

Benzovindiflupyr caused tumors in 

the thyroid in the chronic rat study at 

the highest dose tested. In mice, no 

tumor formation was observed. 

Benzovindiflupyr was negative in all 

mutagenicity studies. Based on the fact 

that evidence of tumors were found in 

only one species at only the highest 

dose tested and lack of mutagenicity, 

the Agency has determined that using a 

non-linear approach (i.e., RfD; reference 

dose) will adequately account for all 

chronic toxicity, including 

carcinogenicity, that could result from 

exposure to benzovindiflupyr. 

Specific information on the studies 

received and the nature of the adverse 

effects caused by benzovindiflupyr as 

well as the no-observed-adverse-effectlevel (NOAEL) and the lowest-observedadverse-effect-level (LOAEL) from the 

toxicity studies can be found at http:// 

www.regulations.gov in document 

Benzovindiflupyr New Active 

Ingredient Human Health Risk 

Assessment to Support the Proposed 

Uses on Cereals (wheat, triticale, barley, 

rye, and oat), Blueberries (non-bearing), 

Corn (field, pop, and sweet), Peanuts, 

Turf, and Ornamentals; Crop Groups 8– 

10, 9, and 11–10; Crop Subgroups 1C, 

6C, 13–07F, 20A, and 20C; and 

Establishment of Tolerances on 

Imported Coffee and Sugarcane in 

docket ID number EPA–HQ–OPP–2013– 

0141. 

B. Toxicological Points of Departure/

Levels of Concern 

Once a pesticide’s toxicological 

profile is determined, EPA identifies 

toxicological points of departure (POD) 

and levels of concern to use in 

evaluating the risk posed by human 

exposure to the pesticide. For hazards 

that have a threshold below which there 

is no appreciable risk, the toxicological 

POD is used as the basis for derivation 

of reference values for risk assessment. 

PODs are developed based on a careful 

analysis of the doses in each 

toxicological study to determine the 

dose at which no adverse effects are 

observed (the NOAEL) and the lowest 

dose at which adverse effects of concern 

are identified (the LOAEL). Uncertainty/ 

safety factors are used in conjunction 

with the POD to calculate a safe 

exposure level—generally referred to as 

a population-adjusted dose (PAD) or a 

reference dose (RfD)—and a safe margin 

of exposure (MOE). For non-threshold 

risks, the Agency assumes that any 

amount of exposure will lead to some 

degree of risk. Thus, the Agency 

estimates risk in terms of the probability 

of an occurrence of the adverse effect 

expected in a lifetime. For more 

information on the general principles 

EPA uses in risk characterization and a 

complete description of the risk 

assessment process, see http://

www.epa.gov/pesticides/factsheets/

riskassess.htm. A summary of the 

toxicological endpoints for 

benzovindiflupyr used for human risk 

assessment is shown in Table 1 of this 

unit. 

TABLE 1—SUMMARY OF TOXICOLOGICAL DOSES AND ENDPOINTS FOR BENZOVINDIFLUPYR FOR USE IN HUMAN HEALTH

RISK ASSESSMENT

Exposure/scenario Point of 

departure 

Uncertainty/FQPA 

safety factors 

RfD, PAD, level of 

concern for risk 

assessment 

Study and toxicological effects 

Acute dietary (All 

populations, including infants 

and children).

NOAEL = 10 mg/

kg/day.

UFA = 10x ............

UFH = 10x 

FQPA SF= 1x 

Acute RfD = 0.10 

mg/kg/day.

aPAD =0.10 mg/

kg/day 

Acute neurotoxicity screening battery (rat). 

NOAEL = 10 mg/kg/day. 

LOAEL = 30 mg/kg/day based on multiple clinical observations, decreases in mean body temperature, decreases in locomotor activity parameters, reduced food 

consumption and/or decreases in mean grip strength. 


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TABLE 1—SUMMARY OF TOXICOLOGICAL DOSES AND ENDPOINTS FOR BENZOVINDIFLUPYR FOR USE IN HUMAN HEALTH

RISK ASSESSMENT—Continued 

Exposure/scenario Point of 

departure 

Uncertainty/FQPA 

safety factors 

RfD, PAD, level of 

concern for risk 

assessment 

Study and toxicological effects 

Chronic dietary (All 

populations).

Parental/Off-spring 

NOAEL = 8.2 (females) mg/kg/

day.

UFA = 10x ............

UFH = 10x 

FQPA SF= 1x 

Chronic RfD = 

0.082 mg/kg/day.

cPAD = 0.082 mg/

kg/day.

2-generation reproduction study (rat). 

Parental/Offspring NOAEL = 8.2 mg/kg/day (F). 

LOAEL = 19.4 mg/kg/day (F) based on decreased body 

weight and decreased food consumption in parental 

animals as well as increases in liver weights, 

centrilobular hepatocellular hypertrophy, increased incidence of cell hypertrophy in the pars distalis of the pituitary, reduced body weight, delayed preputial separation, and decreased spleen weights in the F1 and/or F2 

offspring. 

Incidental oral Short 

–term (1–30 

days).

Parental/Off-spring 

NOAEL = 8.2 (females) mg/kg/

day 

UFA = 10x ............

UFH = 10x 

FQPA SF= 1x 

Residential LOC 

for MOE = 100.

2-generation reproduction toxicity study (rat). 

Parental/Offspring NOAEL = 8.2 mg/kg/day (F). 

LOAEL = 19.4 mg/kg/day (F) based on decreased body 

weight and decreased food consumption in parental 

animals as well as increases in liver weights, 

centrilobular hepatocellular hypertrophy, increased incidence of cell hypertrophy in the pars distalis of the pituitary, reduced body weight, delayed preputial separation, and decreased spleen weights in the F1 and/or F2 

offspring. 

Inhalation Shortterm (1–30 days) 

and Intermediateterm (1–6 

months).

Parental/Off-spring 

NOAEL: 8.2 mg/

kg/day (F).

UF A = 10x ...........

UF H = 10x 

FQPA SF = 1x 

Residential LOC 

for MOE = 100.

2-generation reproduction study (rat). 

Parental/Offspring NOAEL = 8.2 mg/kg/day (F). 

LOAEL = 19.4 mg/kg/day (F) based on decreased body 

weight and decreased food consumption in parental 

animals as well as increases in liver weights, 

centrilobular hepatocellular hypertrophy, increased incidence of cell hypertrophy in the pars distalis of the pituitary, reduced body weight, delayed preputial separation, and decreased spleen weights in the F1 and/or F2 

offspring. 

Cancer (oral, dermal, inhalation).The Agency is using a non-linear (RfD) approach to assess carcinogenic potential; the RfD would be protective of non-carcinogenic and carcinogenic effects observed in the rat carcinogenicity study or mode of action studies conducted at higher 

doses. 

FQPA SF = Food Quality Protection Act Safety Factor. LOAEL = lowest-observed-adverse-effect-level. LOC = level of concern. mg/kg/day = 

milligram/kilogram/day. MOE = margin of exposure. NOAEL = no-observed-adverse-effect-level. PAD = population adjusted dose (a = acute, c = 

chronic). RfD = reference dose. UF = uncertainty factor. UFA = extrapolation from animal to human (interspecies). UFDB = to account for the absence of data or other data deficiency. UFH = potential variation in sensitivity among members of the human population (intraspecies). UFL = use 

of a LOAEL to extrapolate a NOAEL. UFS = use of a short-term study for long-term risk assessment. 

C. Exposure Assessment 

1. Dietary exposure from food and 

feed uses. In evaluating dietary 

exposure to benzovindiflupyr, EPA 

considered exposure under the 

petitioned-for tolerances. EPA assessed 

dietary exposures from 

benzovindiflupyr in food as follows: 

i. Acute exposure. Quantitative acute 

dietary exposure and risk assessments 

are performed for a food-use pesticide, 

if a toxicological study has indicated the 

possibility of an effect of concern 

occurring as a result of a 1-day or single 

exposure. 

Such effects were identified for 

benzovindiflupyr. In estimating acute 

dietary exposure, EPA used food 

consumption information from the 

United States Department of Agriculture 

(USDA), Nationwide Continuing 

Surveys of Food Intake by Individuals 

(CSFII). As to residue levels in food, 

EPA conducted a highly conservative 

acute dietary risk assessment which 

used tolerance-level residues for food 

except for livestock commodities, 

anticipated residues (based on 

maximum theoretical diets) for livestock 

commodities, and 100% crop treated for 

all commodities. 

ii. Chronic exposure. In conducting 

the chronic dietary exposure assessment 

EPA used the food consumption data 

from the USDA, CSFII. As to residue 

levels in food, EPA conducted a highly 

conservative chronic dietary risk 

assessment which used tolerance-level 

residues for food, anticipated residues 

(based on maximum theoretical diets) 

for livestock commodities, and 100% 

crop treated for all commodities. 

iii. Cancer. Based on the data 

summarized in Unit III.A., EPA has 

concluded that a nonlinear RfD 

approach was appropriate for assessing 

cancer risk to benzovindiflupyr; 

therefore, a separate dietary exposure 

assessment for the purpose of assessing 

cancer risk is unnecessary. 

iv. Anticipated residue and percent 

crop treated (PCT) information. 

Tolerance-level residues for food and 

anticipated residues (based on 

maximum theoretical diets) for livestock 

commodities were used and 100% CT 

was assumed for all commodities. 

Section 408(b)(2)(E) of FFDCA 

authorizes EPA to use available data and 

information on the anticipated residue 

levels of pesticide residues in food and 

the actual levels of pesticide residues 

that have been measured in food. If EPA 

relies on such information, EPA must 

require pursuant to FFDCA section 

408(f)(1) that data be provided 5 years 

after the tolerance is established, 

modified, or left in effect, demonstrating 

that the levels in food are not above the 

levels anticipated. For the present 

action, EPA will issue such data call-ins 

as are required by FFDCA section 

408(b)(2)(E) and authorized under 


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FFDCA section 408(f)(1). Data will be 

required to be submitted no later than 

5 years from the date of issuance of 

these tolerances. 

2. Dietary exposure from drinking 

water. The Agency used screening-level 

water exposure models in the dietary 

exposure analysis and risk assessment 

for benzovindiflupyr in drinking water. 

These simulation models take into 

account data on the physical, chemical, 

and fate/transport characteristics of 

benzovindiflupyr. Further information 

regarding EPA drinking water models 

used in pesticide exposure assessment 

can be found at http://www.epa.gov/ 

oppefed1/models/water/index.htm. 

Based on the Pesticide Root Zone 

Model/Exposure Analysis Modeling 

System (PRZM/EXAMS) and Pesticide 

Root Zone Model Ground Water (PRZM 

GW), the estimated drinking water 

concentrations (EDWCs) of 

benzovindiflupyr for acute exposures 

are estimated to be 8.4 parts per billion 

(ppb) for surface water and 0.14 ppb for 

ground water. For chronic exposures for 

non-cancer assessments are estimated to 

be 5.4 ppb for surface water and <0.14 

ppb for ground water. 

Modeled estimates of drinking water 

concentrations were directly entered 

into the dietary exposure model. For 

acute dietary risk assessment, the water 

concentration value of 8.4 parts per 

billion (ppb) for surface water was used 

to assess the contribution to drinking 

water. For chronic dietary risk 

assessment, the water concentration of 

value 5.4 ppb for surface water was used 

to assess the contribution to drinking 

water. 

3. From non-dietary exposure. The 

term ‘‘residential exposure’’ is used in 

this document to refer to nonoccupational, non-dietary exposure 

(e.g., for lawn and garden pest control, 

indoor pest control, termiticides, and 

flea and tick control on pets). 

Benzovindiflupyr is proposed for 

registration for the following uses that 

could result in residential exposures: 

turf (e.g. golf courses, recreational parks, 

home lawns, and sod farms) and 

ornamentals (residential landscape 

areas). EPA assessed residential 

exposure using the following 

assumptions. The proposed uses of 

benzovindiflupyr on turf and 

ornamentals in a residential setting by 

homeowners may result in residential 

handler (adults who are involved in the 

pesticide application process) exposure. 

Residential handler exposure is 

expected to be short-term (ST) in 

duration. Intermediate-term (IT) 

exposures are not likely because of the 

intermittent nature of applications by 

homeowners. In addition, since the 

toxicity endpoints and PODs are the 

same for all durations, the ST 

assessment will be protective of any 

longer term exposures that may result 

from residential uses. Since no dermal 

hazard was identified for 

benzovindiflupyr in the toxicological 

database, only inhalation exposure 

assessments were conducted for 

residential handlers. 

There is the potential for postapplication exposure to individuals 

(adults and children) as a result of being 

in an environment that has been 

previously treated with 

benzovindiflupyr. Post-application 

inhalation exposures while performing 

activities in previously treated turf or 

ornamentals are not expected and were 

not assessed primarily due to the very 

low vapor pressure and the expected 

dilution in outdoor air after an 

application has occurred. In addition, 

no dermal hazard was identified in the 

toxicity database for benzovindiflupyr 

and, therefore, a quantitative residential 

post-application dermal risk assessment 

is not required and was not completed. 

However, incidental oral exposures to 

children contacting treated turf have 

been assessed. Residential postapplication exposures are generally 

considered to be intermittent and shortterm in duration. Since the 

benzovindiflupyr toxicity endpoints and 

PODs are the same regardless of 

duration, the short-term assessment is 

protective of any longer term exposures 

that may occur from the residential uses 

of benzovindiflupyr. Further 

information regarding EPA standard 

assumptions and generic inputs for 

residential exposures may be found at 

http://www.epa.gov/pesticides/trac/ 

science/trac6a05.pdf. 

4. Cumulative effects from substances 

with a common mechanism of toxicity. 

Section 408(b)(2)(D)(v) of FFDCA 

requires that, when considering whether 

to establish, modify, or revoke a 

tolerance, the Agency consider 

‘‘available information’’ concerning the 

cumulative effects of a particular 

pesticide’s residues and ‘‘other 

substances that have a common 

mechanism of toxicity.’’ EPA has not 

found benzovindiflupyr to share a 

common mechanism of toxicity with 

any other substances, and 

benzovindiflupyr does not appear to 

produce a toxic metabolite produced by 

other substances. For the purposes of 

this tolerance action, therefore, EPA has 

assumed that benzovindiflupyr does not 

have a common mechanism of toxicity 

with other substances. For information 

regarding EPA’s efforts to determine 

which chemicals have a common 

mechanism of toxicity and to evaluate 

the cumulative effects of such 

chemicals, see EPA’s Web site at http:// 

www.epa.gov/pesticides/cumulative. 

D. Safety Factor for Infants and 

Children 

1. In general. Section 408(b)(2)(C) of 

FFDCA provides that EPA shall apply 

an additional tenfold (10X) margin of 

safety for infants and children in the 

case of threshold effects to account for 

prenatal and postnatal toxicity and the 

completeness of the database on toxicity 

and exposure unless EPA determines 

based on reliable data that a different 

margin of safety will be safe for infants 

and children. This additional margin of 

safety is commonly referred to as the 

FQPA Safety Factor (SF). In applying 

this provision, EPA either retains the 

default value of 10X, or uses a different 

additional safety factor when reliable 

data available to EPA support the choice 

of a different factor. 

2. Prenatal and postnatal sensitivity. 

Benzovindiflupyr produced effects in 

rat fetuses (i.e. decreased fetal weight 

and delayed ossification) in 

developmental toxicity studies at 

maternally toxic doses (i.e., ataxia, 

hunched posture, and decreased 

activity); the Agency does not consider 

the fetal effects to be evidence of 

increased qualitative susceptibility 

since ossification is not considered to be 

a malformation and is reversible (based 

on the reproduction study), and 

maternal effects are fairly severe at the 

same dose levels. In the rabbit 

developmental study, there were no 

adverse effects in either the dose or the 

fetuses at the highest dose tested. In rat 

reproduction studies, offspring effects 

occurred at higher doses higher than 

those causing parental effects, thus there 

was no quantitative increase in 

sensitivity in rat pups. There were no 

single-dose developmental effects 

identified in the developmental toxicity 

studies in rats or rabbits. Although 

decreases in growing follicle counts 

were noted in the reproduction toxicity 

study, this effect did not result in 

reduced functional fertility in the rat. 

Furthermore, the antral follicle counts at 

a later stage in development were not 

decreased, so the decreased growing 

follicle count effect is not considered 

adverse. 

3. Conclusion. EPA has determined 

that reliable data show the safety of 

infants and children would be 

adequately protected if the FQPA SF 

were reduced to 1X. That decision is 

based on the following findings: 

i. The toxicity database for 

benzovindiflupyr is complete. 

ii. There is no indication that 

benzovindiflupyr is a neurotoxic 


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59632 Federal Register / Vol. 80, No. 191 / Friday, October 2, 2015 / Rules and Regulations 

chemical and there is no need for a 

developmental neurotoxicity study or 

additional UFs to account for 

neurotoxicity. 

iii. There is no evidence that 

benzovindiflupyr results in increased 

susceptibility in in utero rats or rabbits 

in the prenatal developmental studies or 

in young rats in the 2-generation 

reproduction study. 

iv. There are no residual uncertainties 

identified in the exposure databases. 

EPA made conservative (protective) 

assumptions in the ground and surface 

water modeling used to assess exposure 

to benzovindiflupyr in drinking water. 

EPA also made conservative 

assumptions for dietary food exposures 

(residues on food and feed crops based 

on tolerance level residues, assuming 

100% crop treated) resulting in highend estimates of dietary food. EPA used 

similarly conservative assumptions 

based on conservative default (nonchemical specific) assumptions to assess 

postapplication exposure of children, 

including incidental oral exposure of 

toddlers. These assessments will not 

underestimate the exposure and risks 

posed by benzovindiflupyr. 

E. Aggregate Risks and Determination of 

Safety 

EPA determines whether acute and 

chronic dietary pesticide exposures are 

safe by comparing aggregate exposure 

estimates to the acute PAD (aPAD) and 

chronic PAD (cPAD). For linear cancer 

risks, EPA calculates the lifetime 

probability of acquiring cancer given the 

estimated aggregate exposure. Short-, 

intermediate-, and chronic-term risks 

are evaluated by comparing the 

estimated aggregate food, water, and 

residential exposure to the appropriate 

PODs to ensure that an adequate MOE 

exists. 

1. Acute risk. Using the exposure 

assumptions discussed in this unit for 

acute exposure, the acute dietary 

exposure from food and water to 

benzovindiflupyr will occupy 30% of 

the aPAD for children 1–2 years old. 

2. Chronic risk. Using the exposure 

assumptions described in this unit for 

chronic exposure, EPA has concluded 

that chronic exposure to 

benzovindiflupyr from food and water 

will utilize 14% of the cPAD for 

children 1–2 years old. Based on the 

explanation in Unit III.C.3., regarding 

residential use patterns, chronic 

residential exposure to residues of 

benzovindiflupyr is not expected. 

3. Short-term risk. Short-term 

aggregate exposure takes into account 

short-term residential exposure plus 

chronic exposure to food and water 

(considered to be a background 

exposure level). Benzovindiflupyr is 

currently registered for uses that could 

result in short-term residential 

exposure, and the Agency has 

determined that it is appropriate to 

aggregate chronic exposure through food 

and water with short-term residential 

exposures to benzovindiflupyr. Using 

the exposure assumptions described in 

this unit for short-term exposures, EPA 

has concluded the combined short-term 

food, water, and residential exposures 

result in aggregate MOEs of ≥180,000 for 

all scenarios. Because EPA’s level of 

concern for benzovindiflupyr is a MOE 

of 100 or below, these MOEs are not of 

concern. 

4. Intermediate-term risk. 

Intermediate-term aggregate exposure 

takes into account intermediate-term 

residential exposure plus chronic 

exposure to food and water (considered 

to be a background exposure level). 

Intermediate-term exposures are not 

likely because of the intermittent nature 

of applications by homeowners and the 

likely short-term duration of exposures. 

5. Aggregate cancer risk for U.S. 

population. Based on the results of the 

chronic risk assessment, the Agency 

does not expect benzovindiflupyr to 

pose a cancer risk. 

6. Determination of safety. Based on 

these risk assessments, EPA concludes 

that there is a reasonable certainty that 

no harm will result to the general 

population, or to infants and children 

from aggregate exposure to 

benzovindiflupyr residues. 

IV. Other Considerations 

A. Analytical Enforcement Methodology 

Adequate enforcement methodology 

(A Quick, Easy, Cheap, Effective, 

Rugged, and Safe (QuEChERS) multiresidue method (EN15662:2009)) is 

available to enforce the tolerance 

expression. The method may be 

requested from: Chief, Analytical 

Chemistry Branch, Environmental 

Science Center, 701 Mapes Rd., Ft. 

Meade, MD 20755–5350; telephone 

number: (410) 305–2905; email address: 

residuemethods@epa.gov. 

B. 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 benzovindiflupyr. 

C. Response to Comments 

EPA received a comment to the notice 

of filing, which requested that the 

Agency reconsider the acceptable 

residue levels of toxic chemicals on 

food. The Agency understands the 

commenter’s concerns and recognizes 

that some individuals believe that 

pesticides should be banned on 

agricultural crops. However, the existing 

legal framework provided by section 

408 of the Federal Food, Drug and 

Cosmetic Act (FFDCA) states that 

tolerances may be set when persons 

seeking such tolerances or exemptions 

have demonstrated that the pesticide 

meets the safety standard imposed by 

that statute. This citizen’s comment 

appears to be directed at the underlying 

statute and not EPA’s implementation of 

it; the citizen has made no contention 

that EPA has acted in violation of the 

statutory framework. 

D. Revisions to Petitioned-For 

Tolerances 

Benzovindiflupyr was evaluated by 

undergoing a global joint review 

between the EPA, the Pest Management 

Regulatory Agency (PMRA) of Canada, 

and the Federal Commission for the 

Protection against Sanitary Risk 

(COFEPRIS) of Mexico. Based upon 

review of the data supporting the 

petition and calculation procedures for 

tolerance determination, several 

tolerances modifications were required. 

Specifically, commodity definitions 

were modified for pea, hay; pea, vine; 

peanut, nutmeat; raisin; and potato, 

processed waste to reflect the current 

nomenclature used by the Agency. 

Several tolerance levels were adjusted to 

account for differences in the input data 

used for the calculation procedures for 

tolerance determination. For example, 

several trials considered to be 

independent trials by the petitioner 

were determined by the Agency to be 

replicate (not independent) trials and, as 

such, these data are inputed differently 

than data from independent trails. 

Based on this discrepancy, the Agency 

is establishing tolerances for the 

following commodities that are different 


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Federal Register / Vol. 80, No. 191 / Friday, October 2, 2015 / Rules and Regulations 59633 

from what the petitioner requested: 

Cattle, fat; cattle, liver; coffee, green 

bean; fruit, pome, group 11–10; goat, fat; 

goat, liver; horse, fat; horse, liver; milk, 

fat; pea and bean, dried shelled, except 

soybean, subgroup 6C; potato, processed 

waste; rye, straw; sheep, fat; sheep, 

liver; vegetable, cucurbit, group 9; 

vegetable, fruiting, group 8–10; wheat, 

grain; and wheat, straw. Also, based on 

the Agency’s calculation, the available 

data supports reducing the raisin 

tolerance (from 4 ppm to 3 ppm) and 

increasing the aspirated grain fractions 

tolerance (from 7 ppm to 15 ppm). 

A tolerance was recommended for 

lowbush variety of blueberry in noncropping years following a 365-day PHI. 

However, no tolerance will be 

established on the basis that it would 

cover non-bearing blueberries which are 

considered to be a non-food use. Also, 

the petitioner did not include this use 

in their notice filing. Although the 

petitioner did not request a separate 

tolerance for tomato, dried, tomato 

processing study data show that 

residues concentrate in dried tomatoes 

(7.8X). To cover the higher residues and 

to harmonize with Canada, EPA is 

establishing a tolerance for tomato, 

dried at 4 ppm. Finally, the applicant 

requested tolerances for apple, wet 

pomace. As a fruit, pome, group 11–10 

tolerance of 0.2 ppm will cover any 

potential residues in processed apple, a 

separate tolerance is not needed. 

V. Conclusion 

Therefore, tolerances are established 

for residues of benzovindiflupyr, in or 

on barley, grain at 1.5 ppm; barley, hay 

at 15 ppm; barley, straw at 15 ppm; 

cattle, fat at 0.02 ppm; cattle, liver at 

0.06 ppm; cattle, meat at 0.01 ppm; 

cattle, meat byproducts, except liver at 

0.01 ppm; coffee, green bean at 0.09 

ppm; corn, field, forage at 3.0 ppm; 

corn, field, grain at 0.02 ppm; corn, 

field, stover at 15 ppm; corn, pop, grain 

at 0.02 ppm; corn, pop, stover at 15 

ppm; corn, sweet, forage at 4.0 ppm; 

corn, sweet, kernel plus cob with husks 

removed at 0.01 ppm; corn, sweet, 

stover at 5.0 ppm; cottonseed, subgroup 

20C at 0.15 ppm; cotton, gin byproducts 

at 3.0 ppm; fruit, pome, group 11–10 at 

0.20 ppm; fruit, small vine climbing, 

except fuzzy kiwifruit, subgroup 13–07F 

at 1 ppm; goat, fat at 0.02 ppm; goat, 

liver at 0.06 ppm; goat, meat at 0.01 

ppm; goat, meat byproducts, except 

liver at 0.01 ppm; grain, aspirated 

fractions at 15 ppm; horse, fat at 0.02 

ppm; horse, liver at 0.06 ppm; horse, 

meat at 0.01 ppm; horse, meat 

byproducts, except liver at 0.01 ppm; 

milk at 0.01 ppm; milk, fat at 0.02 ppm; 

oat, grain at 1.5 ppm; oat, hay at 15 

ppm; oat, straw at 15 ppm; pea and 

bean, dried shelled, except soybean, 

subgroup 6C at 0.20 ppm; pea, field, hay 

at 7.0 ppm; pea, field, vine at 1.5 ppm; 

peanut at 0.01 ppm; peanut, hay at 15 

ppm; potato, processed potato waste at 

0.10 ppm; grape, raisin at 3.0 ppm; 

rapeseed, subgroup 20A at 0.15 ppm; 

rye, grain at 0.1 ppm; rye, hay at 15 

ppm; rye, straw at 15 ppm; sheep, fat at 

0.02 ppm; sheep, liver at 0.06 ppm; 

sheep, meat at 0.01 ppm; sheep meat 

byproducts, except liver at 0.01 ppm; 

soybean, forage at 15 ppm; soybean, hay 

at 50 ppm; soybean, hulls at 0.20 ppm; 

soybean, seed at 0.07 ppm; sugarcane, 

cane at 0.04 ppm; tomato, dried at 4.0 

ppm; vegetable, cucurbit, group 9 at 

0.30 ppm; vegetable, fruiting, group 8– 

10 at 1.5 ppm; vegetable, tuberous and 

corm, subgroup 1C at 0.02 ppm; wheat, 

forage at 4 ppm; wheat, grain at 0.10 

ppm; wheat, hay at 15 ppm; and wheat, 

straw at 15 ppm. 

VI. Statutory and Executive Order 

Reviews 

This action establishes tolerances 

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 action 

has been exempted from review under 

Executive Order 12866, this action 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 action 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 action 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 action. In addition, this action 

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. 

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 

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

VII. 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: August 28, 2015. 

Jack E. Housenger, 

Director, Office of Pesticide Programs. 

Therefore, 40 CFR chapter I is 

amended as follows: 

PART 180—[AMENDED] 

■ 1. The authority citation for part 180 

continues to read as follows: 

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

■ 2. Add § 180.686 to subpart C to read 

as follows: 


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59634 Federal Register / Vol. 80, No. 191 / Friday, October 2, 2015 / Rules and Regulations 

§ 180.686 Benzovindiflupyr; tolerances for 

residues. 

(a) General. Tolerances are 

established for residues of the fungicide 

benzovindiflupyr, including its 

metabolites and degradates, in or on the 

commodities in the table below. 

Compliance with the tolerance levels 

specified below is to be determined by 

measuring only benzovindiflupyr (N-[9- 

(dichloromethylene)-1,2,3,4-tetrahydro1,4-methanonaphthalen-5-yl]-3- 

(difluoromethyl)-1-methyl-1H-pyrazole4-carboxamide) in or on the commodity. 

Commodity Parts per 

million 

Barley, grain ............................. 1 .5 

Barley, hay ................................ 15 .0 

Barley, straw ............................. 15 .0 

Cattle, fat .................................. 0 .02 

Cattle, liver ................................ 0 .06 

Cattle, meat .............................. 0 .01 

Cattle, meat byproducts, except 

liver ........................................ 0 .01 

Coffee, green bean1 ................. 0 .09 

Corn, field, forage ..................... 3 .0 

Corn, field, grain ....................... 0 .02 

Corn, field, stover ..................... 15 .0 

Corn, pop, grain ........................ 0 .02 

Corn, pop, stover ...................... 15 .0 

Corn, sweet, forage .................. 4 .0 

Corn, sweet, kernel plus cob 

with husks removed .............. 0 .01 

Corn, sweet, stover .................. 5 .0 

Cottonseed, subgroup 20C ...... 0 .15 

Cotton, gin byproducts ............. 3 .0 

Fruit, pome, group 11–10 ......... 0 .20 

Fruit, small vine climbing, except fuzzy kiwifruit, subgroup 

13–07F .................................. 1 .0 

Goat, fat .................................... 0 .02 

Goat, liver ................................. 0 .06 

Goat, meat ................................ 0 .01 

Goat, meat byproducts, except 

liver ........................................ 0 .01 

Grain, aspirated fractions ......... 15 .0 

Grape, raisin ............................. 3 .0 

Horse, fat .................................. 0 .02 

Horse, liver ............................... 0 .06 

Horse, meat .............................. 0 .01 

Horse, meat byproducts, except 

liver ........................................ 0 .01 

Milk ........................................... 0 .01 

Milk, fat ..................................... 0 .02 

Oat, grain .................................. 1 .5 

Oat, hay .................................... 15 .0 

Oat, straw ................................. 15 .0 

Pea and bean, dried shelled, 

except soybean, subgroup 

6C .......................................... 0 .20 

Pea, field, hay ........................... 7 .0 

Pea, field, vine .......................... 1 .5 

Peanut ...................................... 0 .01 

Peanut, hay .............................. 15 .0 

Potato, processed potato waste 0 .10 

Rapeseed, subgroup 20A ......... 0 .15 

Rye, grain ................................. 0 .1 

Rye, hay ................................... 15 .0 

Rye, straw ................................. 15 .0 

Sheep, fat ................................. 0 .02 

Sheep, liver ............................... 0 .06 

Sheep, meat ............................. 0 .01 

Commodity Parts per 

million 

Sheep meat byproducts, except 

liver ........................................ 0 .01 

Soybean, forage ....................... 15 .0 

Soybean, hay ............................ 50 .0 

Soybean, hulls .......................... 0 .20 

Soybean, seed .......................... 0 .07 

Sugarcane, cane1 ..................... 0 .04 

Tomato, dried ........................... 4 .0 

Vegetable, cucurbit, group 9 .... 0 .30 

Vegetable, fruiting, group 8–10 1 .5 

Vegetable, tuberous and corm, 

subgroup 1C ......................... 0 .02 

Wheat, forage ........................... 4 .0 

Wheat, grain ............................. 0 .10 

Wheat, hay ............................... 15 .0 

Wheat, straw ............................. 15 .0 

1There is no U.S. registration for use of 

benzovindiflupyr. 

(b) Section 18 emergency exemptions. 

[Reserved] 

(c) Tolerances with regional 

registrations. [Reserved] 

(d) Indirect or inadvertent residues. 

[Reserved] 

[FR Doc. 2015–24467 Filed 10–1–15; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

43 CFR Part 1820 

[LLES9120000 L14400000.PN0000] 

RIN 1004–AE43 

Application Procedures, Execution and 

Filing of Forms: Correction of State 

Office Address for Filings and 

Recordings, Including Proper Offices 

for Recording of Mining Claims; 

Arkansas, Iowa, Louisiana, Minnesota, 

Missouri, and all States East of the 

Mississippi River 

AGENCY: Bureau of Land Management, 

Interior. 

ACTION: Final rule. 

SUMMARY: This final rule amends the 

regulations pertaining to execution and 

filing of forms in order to reflect the 

new address of the BLM Eastern States 

Office of the Bureau of Land 

Management (BLM). All filings and 

other documents relating to public lands 

in the States of Arkansas, Iowa, 

Louisiana, Minnesota, Missouri and all 

States east of the Mississippi River must 

be filed at the new address of the State 

Office. 

DATES: This rule is effective October 2, 

2015. 

ADDRESSES: You may send inquiries or 

suggestions to Deputy State Director for 

Communications, BLM Eastern States 

Office, 20 M Street SE., Suite 950, 

Washington, DC 20003. 

FOR FURTHER INFORMATION CONTACT: Bob 

Gillcash, (202) 912–7712. Persons who 

use a telecommunications device for the 

deaf (TDD) may call the Federal 

Information Relay Service (FIRS) at 1– 

800–877–8339, 24 hours a day, 7 days 

a week. 

SUPPLEMENTARY INFORMATION: 

I. Background 

II. Procedural Matters 

I. Background 

This final rule reflects the 

administrative action of changing the 

street address of the Eastern States office 

of the BLM. This rule changes both the 

postal and street address for the 

personal filing of documents relating to 

public lands in Arkansas, Iowa, 

Louisiana, Minnesota, Missouri, and all 

States east of the Mississippi River, but 

makes no other changes in filing 

requirements. The BLM has determined 

that the rule has no substantive impact 

on the public, imposes no costs, and 

merely updates a list of addresses 

included in the Code of Federal 

Regulations for the convenience of the 

public. The Department of the Interior, 

therefore, for good cause finds that 

under 5 U.S.C. 553(b)(B) and 553(d)(3) 

notice and public comment procedures 

are unnecessary and that the rule may 

take effect immediately. 

II. Procedural Matters 

Regulatory Planning and Review 

(Executive Order 12866) 

This final rule is an administrative 

action to change the address for one 

BLM State Office. This rule was not 

subject to review by the Office of 

Management and Budget under 

Executive Order 12866. The rule 

imposes no costs, and merely updates a 

list of addresses included in the Code of 

Federal Regulations for the convenience 

of the public. 

National Environmental Policy Act 

The BLM has found that this final rule 

is of a procedural nature and thus is 

categorically excluded from 

environmental review under Section 

102(2)(C) of the National Environmental 

Policy Act of 1969 (NEPA), 42 U.S.C. 

4332(2)(C), pursuant to 43 CFR 

46.210(i). In addition, this final rule 

does not present any of the 12 

extraordinary circumstances listed at 43 

CFR 46.215. Pursuant to 43 CFR 46.205 

and the Council on Environmental 

Quality regulations at 40 CFR 1508.4, 

the term ‘‘categorical exclusion’’ means 

a category or kind of action that has no 


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