Federal Register / Vol. 80, No. 181 / Friday, September 18, 2015 / Rules and Regulations 56393 

subpart DDDD of part 62, the 

Commercial and Industrial Solid Waste 

Incineration (CISWI) rule, 10 CSR 10– 

6.161, which became effective on 

November 21, 2013. This revision was 

submitted on March 5, 2014. 

(b) Identification of sources. The plan 

applies to existing commercial and 

industrial solid waste incineration 

(CISWI) units that commenced 

construction on or before November 30, 

1999. 

(c) The effective date of the amended 

plan is November 17, 2015. 

[FR Doc. 2015–23390 Filed 9–17–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2015–0375; FRL–9933–02] 

Fluensulfone; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes a 

tolerance for residues of fluensulfone in 

or on tomato, paste. Makhteshim Agan 

of North America, Inc., doing business 

as ADAMA requested these tolerances 

under the Federal Food, Drug, and 

Cosmetic Act (FFDCA). 

DATES: This regulation is effective 

September 18, 2015. Objections and 

requests for hearings must be received 

on or before November 17, 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–2015–0375, 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 

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–2015–0375 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 November 17, 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– 

2015–0375, 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 July 17, 

2015 (80 FR 42462) (FRL–9929–13), 

EPA issued a document pursuant to 

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

346a(d)(3), announcing the filing of a 

pesticide petition (PP 5F8365) by 

Makhteshim Agan of North America, 

Inc., doing business as ADAMA, 3120 

Highwoods Blvd., Suite 100, Raleigh, 

NC 27604. The petition requested that 

40 CFR part 180 be amended by 

establishing tolerances for residues of 

the insecticide fluensulfone, 3,4,4- 

trifluoro-but-3-ene-1-sulfonic acid, in or 

on tomato, paste at 1.0 parts per million 

(ppm). That document referenced a 

summary of the petition prepared by 

ADAMA, the registrant, which is 

available in the docket, http:// 

www.regulations.gov. There were no 

comments received in response to the 

notice of filing. 

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 


tkelley on DSK3SPTVN1PROD with RULES
56394 Federal Register / Vol. 80, No. 181 / Friday, September 18, 2015 / Rules and Regulations 

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 

aggregate exposure to the pesticide 

chemical residue. . . .’’ 

Consistent with 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, 

consistent with FFDCA section 

408(b)(2). 

In the Federal Register of September 

24, 2014 (79 FR 56963) (FRL–9914–35), 

EPA established tolerances for residues 

of fluensulfone in or on cucurbit 

vegetable crop group 9 and fruiting 

vegetable crop group 8–10 at 0.50 parts 

per million (ppm). The information 

available to the Agency in support of the 

September 24, 2014 final rule showed 

no concentration of fluensulfone or the 

metabolite BSA in or on fruiting 

vegetable commodities and that separate 

tolerances for residues in or on 

processed tomato products were 

unnecessary. Therefore, EPA established 

a tolerance for residues of fluensulfone 

in or on fruiting vegetable crop group 8– 

10 at 0.50 ppm and determined that a 

separate tolerance for tomato, paste was 

not necessary. 

Since the time of the September 24, 

2014 final rule, EPA received a new 

tomato processing study that 

demonstrates a concentration of BSA 

residues in tomato paste (3.5X). Based 

on this concentration factor and the 

highest average field trial (HAFT) 

residues in tomato (0.29 ppm), the 

Agency determined that the fruiting 

vegetable crop group 8–10 tolerance at 

0.5 ppm is insufficient to cover residues 

in tomato, paste and therefore a 

tolerance of 1.0 ppm in or on tomato, 

paste is necessary to cover residues of 

BSA. 

The Agency assessed the use of 

fluensulfone in or on tomato, paste at 

the tolerance of 1.0 ppm and 

determined that there would be no 

resulting change in the risk estimates 

from the previous risk assessment for 

the chemical. Since the publication of 

the September 24, 2014 final rule, the 

toxicity profile of fluensulfone has not 

changed, and the risk assessments that 

supported the establishment of those 

tolerances published in the Federal 

Register remain valid. The dietary risk 

assessments for fluensulfone are based 

on residues of the parent compound 

only. Since residues of the parent did 

not concentrate in tomato paste, a new 

risk assessment is not necessary. 

Therefore, EPA relies upon those 

supporting risk assessments and the 

findings made in the September 24, 

2014 Federal Register document, as 

well as the review of the additional 

tomato processing data in support of 

this rule. 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 fluensulfone residues. 

For a detailed discussion of the 

aggregate risk assessments and 

determination of safety for the proposed 

tolerances, please refer to the September 

24, 2014 Federal Register document and 

its supporting documents, available at 

http://www.regulations.gov in docket ID 

number EPA–HQ–OPP–2012–0593. 

Further information about EPA’s 

determination that a separate tolerance 

should be established in or on tomato, 

paste may be found in the document, 

‘‘Fluensulfone—Revised Tolerance 

Recommendation for Tomato Paste.’’ in 

docket ID number EPA–HQ–OPP–2015– 

0375. 

IV. Other Considerations 

A. Analytical Enforcement Methodology 

Adequate enforcement methodology, 

a reverse-phase high performance liquid 

chromatography with dual mass 

spectrometry/mass spectrometry 

(HPLC–MS/MS), 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 fluensulfone. 

V. Conclusion 

Therefore, tolerances are established 

for residues of fluensulfone, 3,4,4- 

trifluoro-but-3-ene-1-sulfonic acid, in or 

on tomato, paste at 1.0 ppm. 

VI. Statutory and Executive Order 

Reviews 

This action 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 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 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 80, No. 181 / Friday, September 18, 2015 / Rules and Regulations 56395 

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: September 4, 2015. 

Susan Lewis, 

Director, Registration Division, 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. In § 180.680, add alphabetically the 

following commodity to the table in 

paragraph (a) to read as follows: 

§ 180.680 Fluensulfone; tolerances for 

residues. 

(a) * * * 

Commodity Parts per 

million 

Tomato, paste ....................... 1.0 

* * * * * * * 

* * * * * 

[FR Doc. 2015–23359 Filed 9–17–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 228 

[EPA–R06–OW–2015–0121; FRL–9934–25– 

Region 6] 

Ocean Dumping: Modification of Final 

Site Designation 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) today is modifying the 

use restrictions of the Galveston, TX 

Dredged Material Site, Freeport Harbor, 

TX, New Work (45 Foot Project), 

Freeport Harbor, TX, Maintenance (45 

Foot Project), Matagorda Ship Channel, 

TX, Corpus Christi Ship Channel, TX, 

Port Mansfield, TX, Brazos Island 

Harbor, TX and Brazos Island Harbor 

(42-Foot Project), TX Ocean Dredged 

Material Disposal Sites (ODMDSs) 

located in the Gulf of Mexico offshore 

of Galveston, Freeport, Matagorda, 

Corpus Christi, Port Mansfield and 

Brownsville, Texas, respectively. These 

sites are EPA designated ocean dumping 

sites for the disposal of suitable dredged 

material. This action is being taken at 

the request of the United States Army 

Corps of Engineers Galveston District to 

allow disposal of suitable dredged 

material from the vicinity of the federal 

navigation channels to alleviate 

pressure on the capacity of their upland 

dredged material placement areas, when 

necessary. 

DATES: This document is effective on 

October 19, 2015. 

ADDRESSES: The EPA established a 

docket for this action under Docket No. 

EPA–R06–OW–2015–0121. All 

documents in the docket are listed on 

the http://www.regulations.gov Web 

site. Publicly available docket materials 

are available electronically through 

http://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Jessica Franks, Ph.D., Marine and 

Coastal Section (6WQ–EC), 

Environmental Protection Agency, 

Region 6, 1445 Ross Avenue, Suite 

1200, Dallas, Texas 75202–2733, 

telephone (214) 665–8335, fax number 

(214) 665–6689; email address 

franks.jessica@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

A. Potentially Affected Persons 

B. Background 

C. Final Action 

D. Responses to Comments 

E. Administrative Review 

1. Executive Order 12866 

2. Paperwork Reduction Act 

3. Regulatory Flexibility Act, as Amended 

by the Small Business Regulatory 

Enforcement Fairness Act of 1996 

4. Unfunded Mandates Reform Act 

5. Executive Order 13132: Federalism 

6. Executive Order 13175: Consultation 

and Coordination with Indian Tribal 

Governments 

7. Executive Order 13045: Protection of 

Children from Environmental Health and 

Safety Risks 

8. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use Compliance with 

Administrative Procedure Act 

9. National Technology Transfer 

Advancement Act 

10. Executive Order 12898: Federal Actions 

to Address Environmental Justice in 

Minority Populations and Low Income 

Populations 

A. Potentially Affected Persons 

Persons potentially affected by this 

action include those who seek or might 

seek permits or approval by EPA to 

dispose of dredged material into ocean 

waters pursuant to the Marine 

Protection Research and Sanctuaries 

Act, 33 U.S.C. 1401 et seq. EPA’s action 

would be relevant to persons, including 

organizations and government bodies 

seeking to dispose of dredged material 

in ocean waters offshore of Galveston, 

Freeport, Matagorda, Corpus Christi, 

Port Mansfield and Brownsville, Texas. 

Currently, the U.S. Army Corps of 

Engineers (Corps) and other persons 

with permits to use designated sites 

offshore of Galveston, Freeport, 

Matagorda, Corpus Christi, Port 

Mansfield, and Brownsville, Texas 

would be most impacted by this final 

action. Potentially affected categories 

and persons include: 


tkelley on DSK3SPTVN1PROD with RULES