78746 Federal Register / Vol. 78, No. 249 / Friday, December 27, 2013 / Rules and Regulations 

The additions and revisions read as 

follows: 

§ 180.654 Isopyrazam; tolerances for 

residues. 

(a) General. Tolerances are 

established for residues of the fungicide 

isopyrazam, including its metabolites 

and degradates, in or on the 

commodities listed in the following 

table. Compliance with the tolerance 

levels specified in the following table is 

to be determined by measuring only 

isopyrazam (3-(difluoromethyl)-1- 

methyl-N-[1,2,3,4-tetrahydro-9-(1- 

methylethyl)-1,4-methano-naphthalen5-yl]-1H-pyrazole-4-carboxamide), as 

the sum of its syn-isomer (3- 

(difluoromethyl)-1-methyl-N-[(1RS, 4SR, 

9RS)-1,2,3,4-tetrahydro-9-(1- 

methylethyl)-1,4-methanonaphthalen-5- 

yl]-1H-pyrazole-4-carboxamide) and 

anti-isomer (3-(difluoromethyl)-1- 

methyl-N-[(1RS, 4SR, 9SR)-1,2,3,4- 

tetrahydro-9-(1-methylethyl)-1,4- 

methano-naphthalen-5-yl]-1H-pyrazole4-carboxamide) in or on the commodity. 

Commodity Parts per 

million 

Apple 1 ......................................... 0.70 

* * * * * 

Peanut 1 ...................................... 0.01 

1There are no U.S. registrations for use of 

isopyrazam on apple, banana, or peanut. 

* * * * * 

[FR Doc. 2013–30874 Filed 12–26–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2013–0777; FRL–9904–15] 

Extension of Tolerances for 

Emergency Exemptions (Multiple 

Chemicals) 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation extends timelimited tolerances for the pesticides 

listed in this document. These actions 

are in response to EPA’s granting of 

emergency exemptions under the 

Federal Insecticide, Fungicide, and 

Rodenticide Act (FIFRA) authorizing 

use of these pesticides. In addition, 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 27, 2013. Objections and 

requests for hearings must be received 

on or before February 25, 2014, 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–2013–0777 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: Lois 

Rossi, Registration Division (7505P), 

Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001; 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 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–2013–0777 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 25, 2014. 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– 

2013–0777 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.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. Background and Statutory Findings 

EPA published final rules in the 

Federal Register for each chemical 

listed. The initial issuance of these final 

rules announced that EPA, on its own 

initiative, under FFDCA section 408, 21 

U.S.C. 346a, was establishing timelimited tolerances. 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 78, No. 249 / Friday, December 27, 2013 / Rules and Regulations 78747 

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 chemical. 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 timelimited 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: 

Fenoxaprop-ethyl. EPA has 

authorized under FIFRA section 18 the 

use of fenoxaprop-ethyl on grasses 

grown for seed for control of grassy 

weeds in Oregon. This regulation 

extends the time-limited tolerances for 

residues of the herbicide fenoxapropethyl, (±)-ethyl 2-[4-[(6-chloro-2- 

benzoxazolyl)oxy]phenoxy]propanoate, 

and its metabolites, 2-[4-[(6-chloro-2- 

benzoxazolyl)oxy]phenoxy]propanoic 

acid and 6-chloro-2,3- 

dihydrobenzoxazol-2-one, calculated as 

the stoichiometric equivalent of 

fenoxaprop-ethyl, 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, 2016. The time-limited 

tolerances originally published in the 

Federal Register of June 13, 2008 (73 FR 

33714) (FRL–8366–6). 

Propiconazole. EPA has authorized 

under FIFRA section 18 the use of 

propiconazole on avocado for control of 

Laurel wilt in Florida. This regulation 

extends the time-limited tolerance for 

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 and expressed as 

parent compound, in or on avocado at 

10 ppm for an additional 3-year period. 

This tolerance will expire and is 

revoked on December 31, 2016. The 

time-limited tolerance originally 

published in the Federal Register of 

May 11, 2011 (76 FR 27261) (FRL–8873– 

2). 

Fipronil. EPA has authorized under 

FIFRA section 18 the use of fipronil on 

rutabaga and turnip for control of the 

cabbage maggot in Oregon. This 

regulation extends the time-limited 

tolerances for residues of the insecticide 

fipronil 

(5-amino-1-[2,6-dichloro-4- 

(trifluoromethyl)phenyl]-4-[(1R,S)- 

(trifluoromethyl)sulfinyl]-1H-pyrazole3-carbonitrile) and its metabolites 5- 

amino-1-[2,6-dichloro-4- 

(trifluoromethyl)phenyl]-4- 

[(trifluoromethyl) sulfonyl]-1Hpyrazole-3-carbonitrile and 5-amino-1- 

[2,6-dichloro-4-(trifluoromethyl) 

phenyl]-4-[(trifluoromethyl)thio]-1Hpyrazole-3-carbonitrile and its 

photodegradate 5-amino-1-(2,6-dichloro4-(trifluoromethyl)phenyl]-4-[(1R,S)- 

(trifluoromethyl)]-1H-pyrazole-3- 

carbonitrile in or on turnip and rutabaga 

at 1.0 ppm for an additional 3-year 

period. These tolerances will expire and 

are revoked on December 31, 2016. The 

time-limited tolerances originally 

published in the Federal Register of 

August 22, 2007 (72 FR 46906) (FRL– 

8142–6). 

Bifenazate. EPA has authorized under 

FIFRA section 18 the use of bifenazate 

on timothy grass for control of spider 

mites in Nevada. This regulation 

extends the time-limited tolerances for 

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 ppmfor an 

additional 3-year period. These 

tolerances will expire and are revoked 

on December 31, 2016. The time-limited 

tolerances originally published in the 

Federal Register of January 28, 2005 (70 

FR 4032) (FRL–7696–2). 

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 

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 MRLs 

for propiconazole in or on avocado; 

fenoxaprop-ethyl in or on grass forage or 

hay; fipronil in or on rutabaga or turnip; 

nor for bifenazate in or on timothy 

forage or hay. 

IV. Statutory and Executive Order 

Reviews 

This final rule 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 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 


tkelley on DSK3SPTVN1PROD with RULES
78748 Federal Register / Vol. 78, No. 249 / Friday, December 27, 2013 / Rules and Regulations 

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). 

V. 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: December 19, 2013. 

Lois Rossi, 

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. 

§ 180.430 [Amended] 

■ 2. In § 180.430, in the table to 

paragraph (b), amend the entries for 

grass, forage and grass, hay by revising 

the expiration dates ‘‘12/31/13’’ to read 

‘‘12/31/16.’’ 

§ 180.434 [Amended] 

■ 3. In § 180.434, in the table to 

paragraph (b), amend the entry for 

avocado by revising the expiration date 

‘‘12/31/13’’ to read ‘‘12/31/16.’’ 

§ 180.517 [Amended] 

■ 4. In § 180.517, in the table to 

paragraph (b), amend the entries for 

rutabaga and turnip by revising the 

expiration dates ‘‘12/31/13’’ to read ‘‘12/ 

31/16.’’ 

§ 180.572 [Amended] 

■ 5. In § 180.572, in the table to 

paragraph (b), amend the entries for 

timothy, forage and timothy, hay by 

revising the expiration dates ‘‘12/31/13’’ 

to read ‘‘12/31/16.’’ 

[FR Doc. 2013–30877 Filed 12–26–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2013–0540; FRL–9902–90] 

2,5-Furandione, polymer With 

ethenylbenzene, Reaction Products 

With polyethylene-polypropylene 

glycol 2-aminopropyl Me ether; 

Tolerance Exemption 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes an 

exemption from the requirement of a 

tolerance for residues of 2,5-furandione, 

polymer with ethenylbenzene, reaction 

products with polyethylenepolypropylene glycol 2-aminopropyl Me 

ether; minimum number average 

molecular weight (in amu), 14,000 

(CASRN 162568–32–3); when used as 

an inert ingredient in a pesticide 

chemical formulation. Huntsman Corp. 

submitted a petition to EPA under the 

Federal Food, Drug, and Cosmetic Act 

(FFDCA), requesting an exemption from 

the requirement of a tolerance. This 

regulation eliminates the need to 

establish a maximum permissible level 

for residues of 2,5-furandione, polymer 

with ethenylbenzene, reaction products 

with polyethylene-polypropylene glycol 

2-aminopropyl Me ether on food or feed 

commodities. 

DATES: This regulation is effective 

December 27, 2013. Objections and 

requests for hearings must be received 

on or before February 25, 2014, 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–2013–0540, 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: Lois 

Rossi, Registration Division (7505P), 

Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001; 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). 


tkelley on DSK3SPTVN1PROD with RULES