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[Federal Register Volume 75, Number 245 (Wednesday, December 22, 2010)]
[Rules and Regulations]
[Pages 80343-80346]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-32148]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

 [EPA-HQ-OPP-2010-0981; FRL-8857-5]

Extension of Tolerances for Emergency Exemptions (Multiple 
Chemicals)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation extends time-limited tolerances for the 
pesticides listed in Unit II. of the SUPPLEMENTARY INFORMATION. These 
actions are in response to EPA's granting of emergency exemptions under 
section 18 of the Federal Insecticide, Fungicide, and Rodenticide Act 
(FIFRA) authorizing use of these pesticides. Section 408(l)(6) of the 
Federal Food, Drug, and Cosmetic Act (FFDCA) requires EPA to establish 
a time-limited tolerance or exemption from the requirement for a 
tolerance for pesticide chemical residues in food that will result from 
the use of a pesticide under an emergency exemption granted by EPA.

DATES: This regulation is effective December 22, 2010. Objections and 
requests for hearings must be received on or before February 22, 2011, 
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: EPA has established a docket for this action under docket 
identification (ID) number EPA-HQ-OPP-2010-0981. All documents in the 
docket are listed in the docket index available at http://www.regulations.gov. Although listed in the index, some information is 
not publicly available, e.g., Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. Certain 
other material, such as copyrighted material, is not placed on the 
Internet and will be publicly available only in hard copy form. 
Publicly available docket materials are available in the electronic 
docket at http://www.regulations.gov, or, if only available in hard 
copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac 
Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The Docket 
Facility is open from 8:30 a.m. to 4 p.m., Monday through Friday, 
excluding legal holidays. The Docket Facility telephone number is (703) 
305-5805.

FOR FURTHER INFORMATION CONTACT: See the table in this unit for the 
name of a specific contact person. The following information applies to 
all contact persons: Emergency Response Team, Registration Division 
(7505P), Office of Pesticide Programs, Environmental Protection Agency, 
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001.

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         Pesticide/CFR citation                                       Contact person
----------------------------------------------------------------------------------------------------------------
Avermectin 180.449.....................  Marcel Howard,
                                         howard.marcel@epa.gov, (703) 305-6784.
Bifenazate 180.572, Fenoxaprop-ethyl     Andrea Conrath,
 180.430, Fipronil 180.517,              conrath.andrea@epa.gov, (703) 308-6356.
 Propiconazole 180.434, Sulfentrazone
 180.498
Boscalid 180.589, Fenpyroximate          Stacey Groce,
 180.566, Pyraclostrobin 180.582         groce.stacey@epa.gov, (703) 305-2505.
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[[Page 80344]]

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).
    This listing is not intended to be exhaustive, but rather provides 
a guide for readers regarding entities likely to be affected by this 
action. Other types of entities not listed in this unit could also be 
affected. The North American Industrial Classification System (NAICS) 
codes have been provided to assist you and others in determining 
whether this action might apply to certain entities. If you have any 
questions regarding the applicability of this action to a particular 
entity, consult the person listed under FOR FURTHER INFORMATION 
CONTACT.

 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://www.gpoaccess.gov/ecfr.

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-2010-0981 in the subject line on the first 
page of your submission. All requests must be in writing, and must be 
received by the Hearing Clerk on or before February 22, 2011. 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-2010-0981, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public 
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania 
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P), 
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South 
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only 
accepted during the Docket Facility's normal hours of operation (8:30 
a.m. to 4 p.m., Monday through Friday, excluding legal holidays). 
Special arrangements should be made for deliveries of boxed 
information. The Docket Facility telephone number is (703) 305-5805.

II. Background and Statutory Findings

    EPA published a final rule in the Federal Register for each 
pesticide listed. The initial issuance of these final rules announced 
that EPA, on its own initiative, under section 408 of FFDCA, 21 U.S.C. 
346a, was establishing time-limited tolerances.
    EPA established the tolerances because FFDCA section 408(l)(6) 
requires EPA to establish a time-limited tolerance or exemption from 
the requirement for a tolerance for pesticide chemical residues in food 
that will result from the use of a pesticide under an emergency 
exemption granted by EPA under FIFRA section 18. Such tolerances can be 
established without providing notice or time for public comment.
    EPA received requests to extend the use of these chemicals for this 
year's growing season. After having reviewed these submissions, EPA 
concurs that emergency conditions exist. EPA assessed the potential 
risks presented by residues for each pesticide. In doing so, EPA 
considered the safety standard in FFDCA section 408(b)(2), and decided 
that the necessary tolerance under FFDCA section 408(l)(6) would be 
consistent with the safety standard and with FIRA section 18.
    The data and other relevant material have been evaluated and 
discussed in the final rule originally published to support these uses. 
Based on that data and information considered, the Agency reaffirms 
that extension of these time-limited tolerances will continue to meet 
the requirements of FFDCA section 408(l)(6). Therefore, the time-
limited tolerances are extended until the date listed. EPA will publish 
a document in the Federal Register to remove the revoked tolerances 
from the Code of Federal Regulations (CFR). Although these tolerances 
will expire and are revoked on the date listed, under FFDCA section 
408(l)(5), residues of the pesticide not in excess of the amounts 
specified in the tolerance remaining in or on the commodity after that 
date will not be unlawful, provided the residue is present as a result 
of an application or use of a pesticide at a time and in a manner that 
was lawful under FIFRA, the tolerance was in place at the time of the 
application, and the residue does not exceed the level that was 
authorized by the tolerance. EPA will take action to revoke these 
tolerances earlier if any experience with, scientific data on, or other 
relevant information on this pesticide indicate that the residues are 
not safe. Tolerances for the use of the following pesticide chemicals 
on specific commodities are being extended:
    1. Avermectin. EPA has authorized under FIFRA section 18 the use of 
avermectin on lima bean for control of spider mites in California. This 
regulation extends a time-limited tolerance for residues of the 
insecticide avermectin B1 and its delta-8,9-isomer in or on 
bean, lima, seed at 0.005 parts per million (ppm) for an additional 3-
year period. This tolerance will expire and is revoked on December 31, 
2013. A time-limited tolerance was originally published in the Federal 
Register of November 12, 2008 (73 FR 66775) (FRL-8387-8).
    2. Bifenazate. EPA has authorized under FIFRA section 18 the use of 
bifenazate on Timothy grass for control of Banks grass mite in Nevada. 
This regulation extends time-limited tolerances for combined residues 
of the miticide bifenazate [1-methylethyl 2-(4-methoxy [1,1'-biphenyl]-
3-yl) hydrazinecarboxylate and its metabolite, diazinecarboxylic acid, 
(2-(4-methoxy-[1,1'-biphenyl] -3-yl, 1-methylethyl ester] (expressed as 
bifenazate) in or on Timothy forage at 50 ppm and Timothy hay at 150 
ppm for an additional 3-year period. These tolerances will expire and 
are revoked on December 31, 2013. Time-limited tolerances were extended 
in the Federal Register of December 19, 2007 (72 FR 71802) (FRL-8339-
2).
    3. Boscalid. EPA has authorized under FIFRA section 18 the use of 
boscalid on Belgian endive for control of the fungal pathogen, 
Scelerotinia sclerotiorum in California. This regulation extends a 
time-limited tolerance for residues of the fungicide boscalid (3

[[Page 80345]]

pyridinecarboxamide, 2-chloro-N-(4'-chloro[1,1' -biphenyl]-2-yl)) in or 
on Belgian endive at 16 ppm for an additional 3-year period. This 
tolerance will expire and is revoked on December 31, 2013. A time-
limited tolerance was extended in the Federal Register of May 28, 2010 
(75 FR 29907) (FRL-8826-4).
    4. Fenpyroximate. EPA has authorized under FIFRA section 18 the use 
of fenpyroximate for control of varroa mites in beehives in Nebraska. 
This regulation extends a time-limited tolerance for combined residues 
of the insecticide fenpyroximate [(E)-1,1-dimethylethyl 4-[[[[(1,3-
dimethyl-5-phenoxy-1H-pyrazol-4-yl) methylene] 
amino]oxy]methyl]benzoate] in or on honey at 0.10 ppm for an additional 
3-year period. This tolerance will expire and is revoked on December 
31, 2013. A time-limited tolerance was originally published in the 
Federal Register of May 9, 2007 (72 FR 26317) (FRL-8127-3).
    5. Fenoxaprop-ethyl. EPA has authorized under FIFRA section 18 the 
use of fenoxaprop-ethyl in or on grass grown for seed for control of 
noxious weed species in Oregon. This regulation extends time-limited 
tolerances for combined residues of the herbicide fenoxaprop-ethyl 
[[()-ethyl 2-[4-[(6-chlor-2-benzoxazoly)oxy] 
phenoxy]propanoic acid and 6-chloro-2,3-dihydrobenzoxazol-2-one)] in or 
on grass forage and grass hay at 0.05 ppm for an additional 3-year 
period. These tolerances will expire and are revoked on December 31, 
2013. Time-limited tolerances were originally published in the Federal 
Register of June 13, 2008 (73 FR 33714) (FRL-8366-6).
    6. Fipronil. EPA has authorized under FIFRA section 18 the use of 
fipronil on turnip and rutabaga for control of cabbage maggot in 
Oregon. This regulation extends time-limited tolerances for combined 
residues of the insecticide fipronil [5-amino-1-(2,6-dichloro-4-
(trifluoromethyl) phenyl)-4-((1,R,S)- trifluoromethyl)sulfinyl)-1-H-
pyrazole-3-carbonitrile and its 2 metabolites MB45950 (5-amino-1-(2,6-
dichloro-4-(trifluoromethyl)phenyl)-4-[(trifluoromethyl)thio]-1H-
pyrazole-3-carbonitrile) and MB46136 (5-amino-1-(2,6-dichloro-4-
(trifluoromethyl)phenyl)-4-[(trifluoromethyl)sulfonyl]-1H-pyrazole-3-
carbonitrile) and its photodegradate MB46513 (5-amino-1-(2,6-dichloro-
4-(trifluoromethyl)phenyl]-4-[(1R,S)-(trifluoromethyl)]-1H-pyrazole-3-
carbonitrile)] in or on turnip at 1.0 ppm and rutabaga at 1.0 ppm for 
an additional 3-year period. These tolerances will expire and are 
revoked on December 31, 2013. These time-limited tolerances were 
originally published in the Federal Register of August 22, 2007 (72 FR 
46906) (FRL-8142-6).
    7. Propiconazole. EPA has authorized under FIFRA section 18 the use 
of propiconazole in or on nectarine and peach, postharvest for control 
of sour rot in California. This regulation extends time-limited 
tolerances for combined residues of the fungicide propiconazole [1-[[2-
(2,4-dichlorophenyl)-4-propyl-1,3-dioxolan-2-yl]methyl]-1H-1,2,4-
triazole and its metabolites determined as 2,4-dichlorobenzoic acid] in 
or on nectarine at 2.0 ppm and peach at 2.0 ppm for an additional 3-
year period. These tolerances will expire and are revoked on December 
31, 2013. These time-limited tolerances were originally published in 
the Federal Register of April 25, 2007 (72 FR 20436) (FRL-8121-2).
    8. Pyraclostrobin. EPA has authorized under FIFRA section 18 the 
use of pyraclostrobin in or on Belgian endive for control of the fungal 
pathogen, Scelerotinia sclerotiorum in California. This regulation 
extends a time-limited tolerance for residues of the fungicide 
pyraclostrobin [(carbamic acid), 2[[[1(4 
chlorophenyl)1Hpyrazol3yl]oxy]methyl]phenyl methoxymethyl ester, and 
its desmethoxy metabolite, methylN[[[1(4chlorophenyl) pyrazol 
3yl]oxy]otolyl] carbamate)] expressed as parent compound, in or on 
endive, Belgian at 11 ppm for an additional 3-year period. This 
tolerance will expire and is revoked on December 31, 2010. A time 
limited tolerance was extended in the Federal Register of January 6, 
2010 (75 FR 770) (FRL-8801-9).
    9. Sulfentrazone. EPA has authorized under FIFRA section 18 the use 
of sulfentrazone on flax for control of kochia and ALS-resistant kochia 
in North Dakota and South Dakota. This regulation extends a time-
limited tolerance for combined 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-
hydroxymethyl sulfentrazone (HMS) and 3-desmethyl sulfentrazone (DMS)] 
in or on flax seed at 0.20 ppm for an additional 3-year period. This 
tolerance will expire and is revoked on December 31, 2013. A time-
limited tolerance was extended in the Federal Register of December 19, 
2007 (72 FR 71802) (FRL-8339-2).
    10. Sulfentrazone. EPA has authorized under FIFRA section 18 the 
use of sulfentrazone on strawberries for control of broadleaf weeds in 
Washington, Oregon, Wisconsin and Michigan. This regulation extends a 
time-limited tolerance for combined 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-
hydroxymethyl sulfentrazone (HMS) and 3-desmethyl sulfentrazone (DMS)] 
in or on strawberries at 0.60 ppm for an additional 3-year period. This 
tolerance will expire and is revoked on December 31, 2013. A time-
limited tolerance was extended in the Federal Register of December 19, 
2007 (72 FR 71802) (FRL-8339-2).

III. International Residue Limits

    In making its tolerance decisions, EPA seeks to harmonize U.S. 
tolerances with international standards whenever possible, consistent 
with U.S. food safety standards and agricultural practices. EPA 
considers the international maximum residue limits (MRLs) established 
by the Codex Alimentarius Commission (Codex), as required by FFDCA 
section 408(b)(4). The Codex Alimentarius is a joint U.N. 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 avermectin, bifenazate, 
boscalid, fenoxaprop-ethyl, fenpyroximate, fipronil, propiconazole, 
pyraclostrobin, and sulfentrazone.

IV. Statutory and Executive Order Reviews

    This final rule establishes a tolerance under section 408(d) of 
FFDCA 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

[[Page 80346]]

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 section 408(d) of FFDCA, 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 section 408(n)(4) of FFDCA. As such, the Agency has determined that 
this action will not have a substantial direct effect on States or 
tribal governments, on the relationship between the national government 
and the States or tribal governments, or on the distribution of power 
and responsibilities among the various levels of government or between 
the Federal Government and Indian tribes. Thus, the Agency has 
determined that Executive Order 13132, entitled Federalism (64 FR 
43255, August 10, 1999) and Executive Order 13175, entitled 
Consultation and Coordination with Indian Tribal Governments (65 FR 
67249, November 9, 2000) do not apply to this 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) (Pub. L. 104-4).
    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), Public Law 104-113, section 12(d) (15 U.S.C. 272 
note).

V. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report to each House of the Congress and to 
the Comptroller General of the United States. 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 this final rule in the Federal 
Register. This final rule is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

List of Subjects in 40 CFR Part 180

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

    Dated: December 10, 2010.
Daniel J. Rosenblatt,
Acting Director, Registration Division, Office of Pesticide Programs.

0
Therefore, 40 CFR chapter I is amended as follows:

PART 180--[AMENDED]

0
1. The authority citation for part 180 continues to read as follows:

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

Sec.  [emsp14]180.430  [Amended]

0
2. In Sec.  [emsp14]180.430, in the table to paragraph (b), amend the 
entries for ``Grass, forage'' and ``Grass, hay'' by revising the 
expiration dates ``12/31/10'' to read ``12/31/13.''

Sec.  [emsp14]180.434  [Amended]

0
3. In Sec.  [emsp14]180.434, in the table to paragraph (b), amend the 
entries for ``Nectarine'' and ``Peach'' by revising the expiration 
dates ``12/31/10'' to read ``12/31/13.''

Sec.  [emsp14]180.449  [Amended]

0
4. In Sec.  [emsp14]180.449, in the table to paragraph (b), amend the 
entry for ``Bean, lima, seed'' by revising the expiration date ``12/31/
10'' to read ``12/31/13.''

Sec.  [emsp14]180.498  [Amended]

0
5. In Sec.  [emsp14]180.498, in the table to paragraph (b), amend the 
entries for ``Flax, seed'' and ``Strawberry'' by revising the 
expiration dates ``12/31/10'' to read ``12/31/13.''

Sec.  [emsp14]180.517  [Amended]

0
6. In Sec.  [emsp14]180.517, in the table to paragraph (b), amend the 
entries for ``Rutabaga'' and ``Turnip'' by revising the expiration 
dates ``12/31/10'' to read ``12/31/13.''

Sec.  [emsp14]180.566  [Amended]

0
7. In Sec.  [emsp14]180.566, in the table to paragraph (b), amend the 
entry for ``Honey'' by revising the expiration date ``12/31/10'' to 
read ``12/31/13.''

Sec.  [emsp14]180.572  [Amended]

0
8. In Sec.  [emsp14]180.572, in the table to paragraph (b), amend the 
entries for ``Timothy, forage,'' and ``Timothy, hay'' by revising the 
expiration dates ``12/31/10'' to read ``12/31/13.''

Sec.  [emsp14]180.582  [Amended]

0
9. In Sec.  [emsp14]180.582, in the table to paragraph (b), amend the 
entry for ``Endive, Belgian'' by revising the expiration date ``12/31/
10'' to read ``12/31/13.''

Sec.  [emsp14]180.589  [Amended]

0
10. In Sec.  [emsp14]180.589, in the table to paragraph (b), amend the 
entry for ``Endive, Belgian'' by revising the expiration date ``12/31/
10'' to read ``12/31/13.''

[FR Doc. 2010-32148 Filed 12-21-10; 8:45 am]
BILLING CODE 6560-50-P
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