56390 Federal Register / Vol. 80, No. 181 / Friday, September 18, 2015 / Rules and Regulations 

Protesters are asked to contact the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places or vessels. 

7. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this rule 

will not result in such expenditure, we 

do discuss the effects of this rule 

elsewhere in this preamble. 

8. Taking of Private Property 

This rule will not cause a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630, Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights. 

9. Civil Justice Reform 

This rule meets applicable standards 

in sections 3(a) and 3(b)(2) of Executive 

Order 12988, Civil Justice Reform, to 

minimize litigation, eliminate 

ambiguity, and reduce burden. 

10. Protection of Children 

We have analyzed this rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

does not create an environmental risk to 

health or risk to safety that may 

disproportionately affect children. 

11. Indian Tribal Governments 

This rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

12. Energy Effects 

This action is not a ‘‘significant 

energy action’’ under Executive Order 

13211, Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use. 

13. Technical Standards 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

14. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have determined that this action is one 

of a category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule involves 

implementation of regulations within 33 

CFR part 165, applicable to safety zones 

on the navigable waterways. This zone 

will temporarily restrict vessel traffic 

from transiting the Indian River Bay 

along the shoreline of Long Neck, 

Delaware, in order to protect the safety 

of life and property on the waters for the 

duration of the fireworks display. This 

rule is categorically excluded from 

further review under paragraph 34(g) of 

Figure 2–1 of the Commandant 

Instruction. A preliminary 

environmental analysis checklist 

supporting this determination and a 

Categorical Exclusion Determination are 

available in the docket where indicated 

under ADDRESSES. We seek any 

comments or information that may lead 

to the discovery of a significant 

environmental impact from this rule. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Add § 165.T13–290 to read as 

follows: 

§ 165.T13–290 Safety Zone; 520 Bridge, 

Lake Washington; Seattle, WA. 

(a) Location. The following area is 

designated as a safety zone: All waters 

within 100 yards of the east span of the 

520 Bridge located on Lake Washington 

in Seattle, Washington. 

(b) Regulations. In accordance with 

the general regulations in subpart C of 

this part, no person may enter the safety 

zone or bring or cause to be brought any 

vessel into the safety zone without 

permission of the Captain of the Port. 

Persons wishing to enter the safety zone 

must request permission from the 

Captain of the Port by contacting the 

Joint Harbor Operation Center at 206– 

217–6001 or VHF Channel 16. If 

permission for entry is granted, vessels 

must proceed at a minimum speed for 

safe navigation. 

(c) Dates. This rule is effective from 

September 5, 2015 through October 2, 

2015 when a construction barge is 

present inside the safety zone. 

Dated: September 3, 2015. 

M.W. Raymond, 

Captain, U.S. Coast Guard, Captain of the 

Port Puget Sound. 

[FR Doc. 2015–23526 Filed 9–17–15; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 62 

[EPA–R07–OAR–2015–0514; FRL–9933–97– 

Region 7] 

Approval and Promulgation of Air 

Quality Implementation Plans for 

Designated Facilities and Pollutants; 

Missouri; Commercial and Industrial 

Solid Waste Incineration (CISWI) Units 

AGENCY: Environmental Protection 

Agency. 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to approve revisions to the state 

plan for designated facilities and 

pollutants developed under sections 

111(d) and 129 of the Clean Air Act for 

the State of Missouri. This direct final 

action will amend the state plan to 

include a new plan and associated rule 

implementing the emissions guidelines 

for Commercial and Industrial Solid 

Waste Incineration (CISWI) Units. 

DATES: This direct final rule will be 

effective November 17, 2015, without 

further notice, unless EPA receives 

adverse comment by October 19, 2015. 

If EPA receives adverse comment, we 

will publish a timely withdrawal of the 

direct final rule in the Federal Register 

informing the public that the rule will 

not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R07– 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 80, No. 181 / Friday, September 18, 2015 / Rules and Regulations 56391 

OAR–2015–0514, by one of the 

following methods: 

1. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

2. Email: higbee.paula@epa.gov. 

3. Mail or Hand Delivery: Paula 

Higbee, Environmental Protection 

Agency, Air Planning and Development 

Branch, 11201 Renner Boulevard, 

Lenexa, Kansas 66219. 

Instructions: Direct your comments to 

Docket ID No. EPA–R07–OAR–2015– 

0514. EPA may publish any comment 

received to its public docket. Do not 

submit electronically any information 

you consider to be Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. EPA will generally not consider 

comments or comment contents located 

outside of the primary submission (i.e. 

on the web, cloud, or other file sharing 

system). For additional submission 

methods, the full EPA public comment 

policy, information about CBI or 

multimedia submissions, and general 

guidance on making effective 

comments, please visit http://

www2.epa.gov/dockets/commentingepa-dockets. The www.regulations.gov 

Web site is an ‘‘anonymous access’’ 

system, which means EPA will not 

know your identity or contact 

information unless you provide it in the 

body of your comment. If you send an 

email comment directly to EPA without 

going through www.regulations.gov, 

your email address will be 

automatically captured and included as 

part of the comment that is placed in the 

public docket and made available on the 

Internet. If you submit an electronic 

comment, EPA recommends that you 

include your name and other contact 

information in the body of your 

comment and with any disk or CD–ROM 

you submit. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. 

Docket: All documents in the docket 

are listed in the www.regulations.gov 

index. Although listed in the index, 

some information is not publicly 

available, i.e., CBI or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically in 

www.regulations.gov or in hard copy at 

the Environmental Protection Agency, 

Air Planning and Development Branch, 

11201 Renner Boulevard, Lenexa, 

Kansas 66219. The Regional Office’s 

official hours of business are Monday 

through Friday, 8:00 a.m. to 4:30 p.m., 

excluding legal holidays. The interested 

persons wanting to examine these 

documents should make an 

appointment with the office at least 24 

hours in advance. 

FOR FURTHER INFORMATION CONTACT: 

Paula Higbee, Environmental Protection 

Agency, Air Planning and Development 

Branch, 11201 Renner Boulevard, 

Lenexa, Kansas 66219 at 913–551–7028 

or by email at higbee.paula@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document ‘‘we,’’ ‘‘us,’’ 

or ‘‘our’’ refer to EPA. This section 

provides additional information by 

addressing the following: 

I. Background 

II. Analysis of State Submittal 

III. What Action is EPA Taking? 

IV. Statutory and Executive Order Reviews 

I. Background 

The Clean Air Act (CAA) requires that 

state regulatory agencies implement the 

emission guidelines and compliance 

times using a state plan developed 

under sections 111(d) and 129 of the 

CAA. Section 111(d) establishes general 

requirements and procedures on state 

plan submittals for the control of 

designated pollutants. Section 129 

requires emission guidelines to be 

promulgated for all categories of solid 

waste incineration units, including 

CISWI units. Section 129 mandates that 

all plan requirements be at least as 

protective and restrictive as the 

promulgated emission guidelines. This 

includes fixed final compliance dates, 

fixed compliance schedules, and Title V 

permitting requirements for all affected 

sources. Section 129 also requires that 

state plans be submitted to EPA within 

one year after EPA’s promulgation of the 

emission guidelines and compliance 

times. 

On February 7, 2013, EPA finalized 

emission limitations for CISWI units 

and definitions for Non-Hazardous 

Secondary Materials (NHSM) that are 

Solid Waste, both under the same notice 

at 78 FR 9112. This notice was the final 

decision on the CISWI rule originally 

published March 21, 2011, and 

reconsidered after further public 

comments were solicited and received. 

The notice also included final 

amendments to the NHSM rule. The 

definition of solid waste in the NHSM 

rule determines whether a particular 

incinerator is covered under another 

incinerator rule. 

The state submitted a negative 

declaration on May 9, 2011. 

Subsequently, the state found that they 

did have applicable units and therefore, 

the state issued a new rule and state 

plan to meet its obligations under this 

new Federal rule. The state rule, 10 CSR 

10–6.161, for CISWI became effective on 

November 21, 2013. The associated state 

plan was issued concurrently with the 

new rule. The state’s rule incorporates 

by reference the Federal rule. 

II. Analysis of State Submittal 

The emission guidelines and 

compliance times are codified in 40 CFR 

part 60, subpart DDDD. State plans must 

contain specific information and the 

legal mechanisms necessary to 

implement the emission guidelines and 

compliance times. The requirements are 

as follows: 

• Inventory of affected CISWI units, 

including those that have ceased 

operation but have not been dismantled. 

• Inventory of emissions from 

affected CISWI units in Missouri. 

• Compliance schedules for each 

affected CISWI unit with a final 

compliance date no later than February 

7, 2018 or three (3) years after the 

effective date of state plan approval, 

whichever is earlier. 

• Emission limitations, operator 

training and qualification requirements, 

a waste management plan, and 

operating limits for affected CISWI units 

that are at least as protective as the 

emission guidelines contained in 

Subpart DDDD. 

• Performance testing, recordkeeping, 

and reporting requirements. 

• Certification that the hearing on the 

State plan was held, a list of witnesses 

and organizational affiliations, if any, 

appearing at the hearing, and a brief 

written summary of each presenation or 

written submission. 

• Provision for State progress reports 

to EPA. 

• Identification of enforceable State 

mechanisms that were selected for 

implementing the emission guidelines of 

Subpart DDDD. 

• Demonstration of Missouri’s legal 

authority to carry out the sections 

111(d) and 129 State plan. 

The state’s plan was received on 

March 5, 2014, in accordance with the 

requirements for adoption and submittal 

of state plans for designated facilities in 

40 CFR part 60, subpart B. The plan 

establishes emission limits for existing 

CISWI units, and provides for the 

implementation and enforcement of 


tkelley on DSK3SPTVN1PROD with RULES
56392 Federal Register / Vol. 80, No. 181 / Friday, September 18, 2015 / Rules and Regulations 

those limits. Missouri’s plan includes 

all documentation that all of these 

requirements have been met. The 

emission limits, testing, monitoring, 

reporting and recordkeeping 

requirements, and other aspects of the 

Federal rule have been adopted. 

Missouri rule 10 CSR 10–6.161 contains 

the applicable requirements. The state 

provided evidence that it complied with 

the public notice and comment 

requirements of 40 CFR part 60, subpart 

DDDD. 

III. What Action is EPA Taking? 

Based on the rationale discussed 

aboved, EPA is taking direct final action 

to approve Missouri’s March 5, 2014, 

submittal of its 111(d) plan for 

commercial and industrial solid waste 

incineration units. We are publishing 

this direct final rule without a prior 

proposed rule because we view this as 

a noncontroversial action and anticipate 

no adverse comment. However, in the 

‘‘Proposed Rules’’ section of this 

Federal Register, we are publishing a 

separate document that will serve as the 

proposed rule to approve the revision to 

the 111(d) plan if adverse comments are 

received on this direct final rule. We 

will not institute a second comment 

period on this action. Any parties 

interested in commenting must do so at 

this time. For further information about 

commenting on this rule, see the 

ADDRESSES section of this document. 

If EPA receives adverse comment, we 

will publish a timely withdrawal in the 

Federal Register informing the public 

that this direct final rule will not take 

effect. We will address all public 

comments in any subsequent final rule 

based on the proposed rule. 

IV. Statutory and Executive Order 

Reviews 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this action is 

not a ‘‘significant regulatory action’’ and 

therefore is not subject to review by the 

Office of Management and Budget. For 

this reason, this action is also not 

subject to Executive Order 13211, 

‘‘Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001). This action merely approves 

state law as meeting Federal 

requirements and imposes no additional 

requirements beyond those imposed by 

state law. Accordingly, the 

Administrator certifies that this rule 

will not have a significant economic 

impact on a substantial number of small 

entities under the Regulatory Flexibility 

Act (5 U.S.C. 601 et seq.). Because this 

rule approves pre-existing requirements 

under state law and does not impose 

any additional enforceable duty beyond 

that required by state law, it does not 

contain any unfunded mandate or 

significantly or uniquely affect small 

governments, as described in the 

Unfunded Mandates Reform Act of 1995 

(Pub. L. 104–4). This action is not 

approved to apply on any Indian 

reservation land or in any other area 

where EPA or an Indian tribe has 

demonstrated that a tribe has 

jurisdiction. In those areas of Indian 

country, the rule does not have tribal 

implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). This 

action also does not have Federalism 

implications because it does not have 

substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999). This action merely 

approves a state rule implementing a 

Federal requirement, and does not alter 

the relationship or the distribution of 

power and responsibilities established 

in the Act. This rule also is not subject 

to Executive Order 13045 (62 FR 19885, 

April 23, 1997), because it approves a 

state rule implementing a Federal 

standard. In reviewing section 111(d)/

129 plan submissions, EPA’s role is to 

approve State choices, provided that 

they meet the criteria of the Act. In this 

context, in the absence of a prior 

existing requirement for the State to use 

voluntary consensus standards (VCS), 

EPA has no authority to disapprove a 

section 111(d)/129 plan submission for 

failure to use VCS. It would thus be 

inconsistent with applicable law for 

EPA, when it reviews a section 111(d)/ 

129 plan submission, to use VCS in 

place of a section 111(d)/129 plan 

submission that otherwise satisfies the 

provisions of the Act. Thus, the 

requirements of section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply. This rule does 

not impose an information collection 

burden under the provisions of the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.). 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action 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. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by November 17, 2015. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this rule for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action 

approving Missouri’s section 111(d)/129 

plan revision for CISWI sources may not 

be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2)). 

List of Subjects in 40 CFR Part 62 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Commercial and 

industrial solid waste incineration 

units, Intergovernmental relations, 

Reporting and recordkeeping 

requirements. 

Dated: September 3, 2015. 

Becky Weber, 

Acting Regional Administrator, Region 7. 

For the reasons stated in the 

preamble, EPA amends 40 CFR part 62 

as set forth below: 

PART 62—APPROVAL AND 

PROMULGATION OF STATE PLANS 

FOR DESIGNATED FACILITIES AND 

POLLUTANTS 

■ 1. The authority citation for part 62 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart AA—Missouri 

■ 2. Revise § 62.6360 to read as follows: 

Air Emissions From Existing 

Commercial and Industrial Solid Waste 

Incineration Units 

§ 62.6360 Identification of plan. 

(a) Identification of plan. The 

Missouri Department of Natural 

Resources approved this revision to the 

Missouri state plan section 111(d) for 

the purpose of adopting by reference 


tkelley on DSK3SPTVN1PROD with RULES
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