59558 Federal Register / Vol. 77, No. 189 / Friday, September 28, 2012 / Rules and Regulations 

EPA APPROVED GEORGIA REGULATIONS—Continued 

State citation Title/subject State effective 

date EPA approval date Explanation 

391–3–1–.02(2)(lll) ....................... NOX Emissions from Fuel Burning Equipment.4/12/2009 9/28/2012 [Insert citation 

of publication].

*******

391–3–1–.02(2)(rrr) ..................... NOX Emissions from Small FuelBurning Equipment.4/12/2009 9/28/2012 [Insert citation 

of publication].

*******

391–3–1–.02(2)(vvv) .................... VOC Emissions from Coating 

Miscellaneous Plastic Parts 

and Products.

3/7/2012 9/28/2012 [Insert citation 

of publication].

391–3–1–.02(2)(yyy) .................... VOC Emissions from the use of 

Miscellaneous Industrial Adhesives.

3/7/2012 9/28/2012 [Insert citation 

of publication].

391–3–1–.02(2)(zzz) .................... VOC Emissions from Fiberglass 

Boat Manufacturing.

3/7/2012 9/28/2012 [Insert citation 

of publication].

391–3–1–.02(2)(aaaa) ................. Industrial Cleaning Solvents ........ 3/7/2012 9/28/2012 [Insert citation 

of publication].

*******

[FR Doc. 2012–23710 Filed 9–27–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2011–0758; FRL–9363–3] 

Sulfentrazone; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

tolerances for residues of sulfentrazone 

in or on succulent soybeans. 

Interregional Research Project Number 4 

(IR–4) requested this tolerance under 

the Federal Food, Drug, and Cosmetic 

Act (FFDCA). In addition, this 

regulation corrects an incorrect 

commodity definition in the table. The 

term ‘‘Berry, low growing, group 13–07’’ 

is being revised to its correct term 

‘‘Berry and small fruit, group 13–07.’’ 

DATES: This regulation is effective 

September 28, 2012. Objections and 

requests for hearings must be received 

on or before November 27, 2012, 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–2011–0758, 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: 

Andrew Ertman, Registration Division 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001; telephone number: 

(703) 308–9367; email address: 

ertman.andrew@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://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–2011–0758 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 27, 2012. Addresses 

for mail and hand delivery of objections 

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Federal Register / Vol. 77, No. 189 / Friday, September 28, 2012 / Rules and Regulations 59559 

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 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 nonCBI copy of your objection or hearing 

request, identified by docket ID number 

EPA–HQ–OPP–2011–0758, 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 

Confidential Business Information (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. Summary of Petitioned-for Tolerance 

In the Federal Register of July 25, 

2012 (77 FR 43562) (FRL–9353–6), EPA 

issued a notice pursuant to FFDCA 

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

announcing the filing of a pesticide 

petition (PP 2E8020) by IR–4, 500 

College Road East, Suite 201W., 

Princeton, NJ 08540. The petition 

requested that 40 CFR 180.498 be 

amended by establishing tolerances for 

residues of the herbicide sulfentrazone 

(N-[2,4-dichloro-5-[4-(difluoromethyl)- 

4,5-dihydro-3-methyl-5-oxo-1H-1,2,4- 

triazol-1-yl]phenyl]- 

methanesulfonamide) and its 

metabolites 3- 

hydroxymethylsulfentrazone (N-[2,4- 

dichloro-5-[4-(difluoromethyl)-4,5- 

dihydro-3-hydroxymethyl-5-oxo-1H1,2,4-triazol-1- 

yl]phenyl]methanesulfonamide) and 3- 

desmethyl sulfentrazone (N-[2,4- 

dichloro-5-[4-(difluoromethyl)-4,5- 

dihydro-5-oxo-1H-1,2,4-triazol-1- 

yl]phenyl] methanesulfonamide), in or 

on soybean, vegetable, succulent 

(Edamame) at 0.15 ppm. That notice 

referenced a summary of the petition 

prepared by FMC, 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 

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), 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 sulfentrazone 

including exposure resulting from the 

tolerances established by this action. 

EPA’s assessment of exposures and risks 

associated with sulfentrazone follows. 

In the Federal Register of July 12, 

2012 (77 FR 41081) (FRL–9353–8), EPA 

published a final rule establishing 

tolerances for residues of herbicide 

sulfentrazone in § 180.498(a)(2) in or on 

rhubarb; turnip roots; turnip tops; 

sunflower subgroup 20B; citrus fruit 

group 10–10; low growing berry group 

13–07; tree nut group 14; pistachio; and 

§ 180.498 (c) tolerances with regional 

registrations for wheat forage; wheat 

hay; wheat grain; wheat straw; and 

cowpea, succulent. The human health 

risk assessment used to support this 

final rule (‘‘Sulfentrazone: HumanHealth Risk Assessment for the 

Establishment of Sulfentrazone 

Tolerances in/on: Rhubarb, Turnip 

Roots and Tops, Sunflower Subgroup 

20B, Succulent Cowpea, Succulent Lima 

Bean, Succulent Vegetable Soybean, 

Wheat (Spring), Citrus Fruit Group 10– 

10, Low-Growing Berry Group 13–07, 

Tree Nut Group 14, Pistachios, and Crop 

Group 18 Nongrass Animal Feeds’’), 

assumed that sulfentrazone would be 

used on succulent soybeans. Therefore 

the aggregate risks for sulfentrazone for 

this action are not changed from those 

discussed in the July 12, 2012 Federal 

Register. 

EPA concluded the following: That 

the acute dietary exposure from food 

and water to sulfentrazone will occupy 

3.2% of the acute population adjusted 

dose (aPAD) for females 13–49 years 

old, the population group receiving the 

greatest exposure; that chronic exposure 

to sulfentrazone from food and water 

will utilize 4.2% of the chronic 

population adjusted dose (cPAD) for 

children 1–2 years old, the population 

group receiving the greatest exposure; 

and that the combined short-term food, 

water, and residential exposures result 

in an aggregate margin of exposure 

(MOE) of 280 for children 1–2 years old, 

and an aggregate risk index (ARI) of 3.9 

for the general U.S. population and 

adult males. Because EPA’s level of 

concern for sulfentrazone is an MOE of 

100 or below and/or an ARI of 1 or 

below, this MOE and ARI are not of 

concern. Based on the lack of evidence 

of carcinogenicity in two adequate 

rodent carcinogenicity studies, 

sulfentrazone is not expected to pose a 

cancer risk to humans. 

Therefore, EPA concluded that there 

is a reasonable certainty that no harm 

will result to the general population and 

to infants and children from aggregate 

exposure to sulfentrazone residues. 

Refer to the July 12, 2012 Federal 

Register document, available at http:// 

www.regulations.gov, for a detailed 

discussion of the aggregate risk 

assessments and determination of 

safety. EPA relies upon those risk 

assessments and the findings made in 

the Federal Register document in 

support of this action. 

IV. Other Considerations 

A. Analytical Enforcement Methodology 

Adequate enforcement methodology 

(gas chromatography (GC)) is available 

to enforce the tolerance expression. The 

method has been forwarded for 

inclusion in the Pesticides Analytical 

Manual, Volume II. 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 

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59560 Federal Register / Vol. 77, No. 189 / Friday, September 28, 2012 / Rules and Regulations 

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 sulfentrazone on succulent soybean. 

V. Conclusion 

Therefore, a tolerance is established 

for residues of sulfentrazone, (N-[2,4- 

dichloro-5-[4-(difluoromethyl)-4,5- 

dihydro-3-methyl-5-oxo-1H-1,2,4- 

triazol-1-yl]phenyl] 

methanesulfonamide) and its 

metabolites 3-hydroxy 

methylsulfentrazone (N-[2,4-dichloro-5- 

[4-(difluoromethyl)-4,5-dihydro-3- 

hydroxymethyl-5-oxo-1H-1,2,4-triazol-1- 

yl]phenyl]methanesulfonamide) and 3- 

desmethyl sulfentrazone (N-[2,4- 

dichloro-5-[4-(difluoromethyl)-4,5- 

dihydro-5-oxo-1H-1,2,4-triazol-1- 

yl]phenyl]methanesulfonamide), in 

§ 180.498(a)(2) in or on vegetable, 

soybean, succulent at 0.15 ppm. 

Also, EPA is amending the table in 

§ 180.498(a)(2) to correct the description 

therein of Crop Group 13–07. Under 

EPA crop group regulations, Crop Group 

13–07 is designated as the ‘‘Berry and 

Small Fruit Crop Group,’’ 40 CFR 

180.41(c)(18). Consistent with this 

regulation, the petitioner requested the 

‘‘berry and small fruit group 13–07’’ and 

provided the appropriate residue field 

trial data to support a tolerance on this 

group. EPA published appropriate 

notice of this request in the Federal 

Register, correctly describing the 

requested tolerance as being for the 

‘‘berry and small fruit group 13–07,’’ in 

the Federal Register of July 6, 2011 (76 

FR 39358) (FRL–8875–6). EPA also 

correctly identified in the final rule that 

petitioners had requested a ‘‘berry and 

small fruit group 13–07’’ and tolerance 

and EPA disclaimed any intent to 

modify this proposed tolerance, (77 FR 

41082, 41086). Nonetheless, EPA 

mistakenly directed that paragraph 

(a)(2) be amended to establish a 

tolerance for ‘‘low growing berry group 

13–07.’’ EPA is amending paragraph 

(a)(2) to revise ‘‘low growing berry 

group 13–07’’ with the correct 

regulatory term, ‘‘berry and small fruit 

group 13–07,’’ consistent with the 

petition’s request and the Federal 

Register notice of the petition and EPA’s 

disposition of the petition in the final 

rule published in the Federal Register 

of July 12, 2012. 

VI. Statutory and Executive Order 

Reviews 

This final rule 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 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). 

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 21, 2012. 

Daniel J. Rosenblatt, 

Acting, 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. Section 180.498 is amended by 

revising the entry for ‘‘Berry, low 

growing, group 13–07’’ to read as ‘‘Berry 

and small fruit, group 13–07’’ and by 

adding alphabetically the entry 

‘‘Vegetable, soybean, succulent’’ to 

paragraph (a)(2) to read as follows: 

§ 180.498 Sulfentrazone; tolerances for 

residues. 

(a) * * * 

(2) * * * 

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Federal Register / Vol. 77, No. 189 / Friday, September 28, 2012 / Rules and Regulations 59561 

Commodity Parts per 

million 

* * * * * 

Berry and small fruit, group 13–07 0.15 

* * * * * 

Vegetable, soybean, succulent .... 0.15 

* * * * * 

* * * * * 

[FR Doc. 2012–23986 Filed 9–27–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2012–0493; FRL–9361–4] 

Sulfoxaflor; Pesticide Tolerances for 

Emergency Exemptions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

time-limited tolerances for residues of 

sulfoxaflor, N-methyloxido [1-[6- 

(trifluoromethyl)-3-pyridinyl]ethyl] l4- 

sulfanylidene] cyanamide, including its 

metabolites and degradates in or on 

cotton, undelinted seed; cotton, gin 

byproducts; and cotton, hulls. This 

action is in response to EPA’s granting 

of emergency exemptions under section 

18 of the Federal Insecticide, Fungicide, 

and Rodenticide Act (FIFRA) 

authorizing use of the pesticide on 

cotton. This regulation establishes 

maximum permissible levels for 

residues of sulfoxaflor in or on these 

commodities. These time-limited 

tolerances expire on December 31, 2015. 

DATES: This regulation is effective 

September 28, 2012. Objections and 

requests for hearings must be received 

on or before November 27, 2012, 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–2012–0493, is 

available at http://www.regulations.gov 

or at the OPP Docket in the 

Environmental Protection Agency 

Docket Center (EPA/DC), located in EPA 

West, 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: 

Libby Pemberton, Registration Division 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001; telephone number: 

703–308–9364; email address: 

pemberton.libby@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. Potentially 

affected entities may include, but are 

not limited to: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

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/textidx?&c=ecfr&tpl=/ecfrbrowse/Title40/ 

40tab_02.tpl. 

C. How can I file an objection or hearing 

request? 

Under section 408(g) of the Federal 

Food, Drug, and Cosmetic Act (FFDCA), 

21 U.S.C. 346a, any person may file an 

objection to any aspect of this regulation 

and may also request a hearing on those 

objections. 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–2012–0493 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 27, 2012. 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 that does not 

contain any 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 a copy of 

your non-CBI objection or hearing 

request, identified by docket ID number 

EPA–HQ–OPP–2012–0493, 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 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statue. 

• Mail: OPP Docket, Environmental 

Protection Agency Docket Center (EPA/ 

DC), Mail Code: 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. 

II. Background and Statutory Findings 

EPA, on its own initiative, in 

accordance with FFDCA sections 408(e) 

and 408(l)(6) of, 21 U.S.C. 346a(e) and 

346a(1)(6), is establishing time-limited 

tolerances for combined residues of 

sulfoxaflor, N-methyloxido [1-[6- 

(trifluoromethyl)-3-pyridinyl]ethyl] l4- 

sulfanylidene] cyanamide, including its 

metabolites and degradates in or on 

cotton, undelinted seed at 0.2 parts per 

million (ppm); cotton, gin byproducts at 

6.0 ppm; and cotton, hulls at 0.35 ppm. 

These time-limited tolerances expire on 

December 31, 2015. 

Section 408(l)(6) of FFDCA requires 

EPA to establish a time-limited 

tolerance or exemption from the 

requirement for a tolerance for pesticide 

chemical residues in food that will 

result from the use of a pesticide under 

an emergency exemption granted by 

EPA under section 18 of FIFRA. Such 

tolerances can be established without 

providing notice or period for public 

comment. EPA does not intend for its 

actions on FIFRA section 18 related 

time-limited tolerances to set binding 

precedents for the application of FFDCA 

section 408 and the safety standard to 

other tolerances and exemptions. 

Section 408(e) of FFDCA allows EPA to 

establish a tolerance or an exemption 

from the requirement of a tolerance on 

its own initiative, i.e., without having 

received any petition from an outside 

party. 

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.’’ 

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