74116 Federal Register / Vol. 77, No. 240 / Thursday, December 13, 2012 / Rules and Regulations 

costs on tribal governments or preempt 

tribal law. 

B. Submission to Congress and the 

Comptroller General 

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). 

C. Petitions for Judicial Review 

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 February 11, 2013. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action 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 

pertaining to the PM2.5 base year 

emissions inventory for the PittsburghBeaver Valley 1997 PM2.5 nonattainment 

area may not be challenged later in 

proceedings to enforce its requirements. 

(See section 307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Nitrogen dioxide, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: November 27, 2012. 

W.C. Early, 

Acting Regional Administrator, Region III. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart NN—Pennsylvania 

■ 2. In § 52.2020, the table in paragraph 

(e)(1) is amended by adding at the end 

of the table an entry for 2002 Base Year 

Emissions Inventory for the 1997 fine 

particulate matter (PM2.5) standard to 

read as follows: 

§ 52.2020 Identification of plan. 

* * * * * 

(e) * * * 

(1) * * * 

Name of non-regulatory SIP revision Applicable 

geographic area 

State submittal 

date EPA approval date Additional explanation 

*******

2002 Base Year Emissions Inventory for 

the 1997 fine particulate matter (PM2.5 ) 

standard.

Pittsburgh-Beaver 

Valley, PA.

11/10/09 12/13/12 [Insert page number where the 

document begins].

52.2036(p) 

■ 3. Section 52.2036 is amended by 

adding paragraph (p) to read as follows: 

§ 52.2036 Base year emissions inventory. 

* * * * * 

(p) EPA approves as a revision to the 

Pennsylvania State Implementation Plan 

the 2002 base year emissions inventory 

for the Pittsburgh-Beaver Valley 1997 

fine particulate matter (PM2.5) 

nonattainment area submitted by the 

Pennsylvania Department of 

Environmental Protection on November 

10, 2009. The base year emissions 

inventory includes emissions estimates 

that cover the general source categories 

of point sources, area sources, on-road 

mobile sources, and non-road mobile 

sources. The pollutants that comprise 

the inventory are PM2.5, coarse particles 

(PM10), nitrogen oxides (NOX), volatile 

organic compounds (VOCs), ammonia 

(NH3), and sulfur dioxide (SO2). 

[FR Doc. 2012–29987 Filed 12–12–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2012–0825; FRL–9372–1] 

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. 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 13, 2012. Objections and 

requests for hearings must be received 

on or before February 11, 2013], 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–2012–0825, 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. 


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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. 

Pesticide/CFR citation Contact person 

1-Naphthaleneacetic acid 40 CFR 180.155 ............................................. Keri Grinstead, grinstead.keri@epa.gov, (703) 308–8373. 

Kasugamycin 40 CFR 180.614 ................................................................ Keri Grinstead, grinstead.keri@epa.gov, (703) 308–8373. 

Mandipropamid 40 CFR 180.637 ............................................................. Debra Rate, rate.debra@epa.gov, (703) 306–0309. 

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:// 

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 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–2012–0825 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 11, 2013. 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– 

2012–0825, 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. 

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 FIFRA section 18. 

The data and other relevant material 

have been evaluated and discussed in 

the final rules 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, each of these timelimited tolerances is extended until the 

date specified below, when each will 

expire and become automatically 

revoked. 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-Naphthaleneacetic acid. EPA has 

authorized under FIFRA section 18 the 

use of 1-naphthaleneacetic acid on 

avocado tree limbs that have been 

pruned or cut back to a stump to 

suppress excess branch growth 

(suckering) in California. This 

regulation extends a time-limited 

tolerance for the combined residues of 

the plant growth regulator, 1- 

naphthaleneacetic acid and its 

conjugates calculated as 1- 

naphthaleneacetic acid from the 

application of 1-naphthaleneacetic acid, 


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its ammonium, sodium, or potassium 

salts, ethyl ester, and acetamide in or on 

avocado at 0.05 ppm for an additional 

3-year period. This tolerance will expire 

and is revoked on December 31, 2015. 

A time-limited tolerance was originally 

published in the Federal Register of 

August 12, 2009 (74 FR 40513) (FRL– 

8428–3). 

Kasugamycin. EPA has authorized 

under FIFRA section 18 the use of 

kasugamycin on apples for control of 

fire blight in Michigan. This regulation 

extends a time-limited tolerance for 

residues of the fungicide kasugamycin 

in or on apple at 0.05 ppm for an 

additional 3-year period. This tolerance 

will expire and is revoked on December 

31, 2015. A time-limited tolerance was 

originally published in the Federal 

Register of April 14, 2010 (75 FR 19268) 

(FRL–8808–7). 

Mandipropamid. EPA has authorized 

under FIFRA section 18 the use of 

mandipropamid on basil for control of 

downy mildew in Illinois. This 

regulation extends a time-limited 

tolerance for the combined residues of 

the fungicide mandipropamid and its 

metabolites in or on basil, fresh at 20 

ppm and basil, dried at 240 ppm for an 

additional 3-year period. These 

tolerances will expire and are revoked 

on December 31, 2015. A time-limited 

tolerance was originally published in 

the Federal Register of September 9, 

2011 (76 FR 55799) (FRL–8886–8). 

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 a MRL 

for 1-naphthaleneacetic acid in or on 

avocados. 

The Codex has not established a MRL 

for kasugamycin in or on apples. 

The Codex has not established MRLs 

for mandipropamid in or on basil 

commodities. 

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 

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 7, 2012. 

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. 

■ 2. In § 180.155, revise the table in 

paragraph (b) to read as follows: 

§ 180.155 1-Naphthaleneacetic acid; 

tolerances for residues. 

* * * * * 

(b) * * * 

Commodity Parts per 

million 

Expiration/revocation 

date 

Avocado ....................................................................................................................................................... 0.05 12/31/15 


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* * * * * 

■ 3. In § 180.614, revise the table in 

paragraph (b) to read as follows: 

§ 180.614 Kasugamycin; tolerances for 

residues. 

* * * * * 

(b) * * * 

Commodity Parts per 

million 

Expiration/revocation 

date 

Apple ............................................................................................................................................................ 0.05 12/31/15 

* * * * * 

■ 4. In § 180.637, revise the table in 

paragraph (b) to read as follows: 

§ 180.637 Mandipropamid; tolerances for 

residues. 

* * * * * 

(b) * * * 

Commodity Parts per 

million 

Expiration/revocation 

date 

Basil, dried ................................................................................................................................................... 240 12/31/15 

Basil, fresh ................................................................................................................................................... 20 12/31/15 

* * * * * 

[FR Doc. 2012–30109 Filed 12–12–12; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 0907271173–0629–03] 

RIN 0648–XC380 

Snapper-Grouper Fishery of the South 

Atlantic; 2012 Commercial 

Accountability Measure and Closure 

for South Atlantic Snowy Grouper 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS implements 

accountability measures (AMs) for the 

commercial sector for snowy grouper in 

the South Atlantic exclusive economic 

zone (EEZ). Commercial landings for 

snowy grouper, as estimated by the 

Science Research Director, are projected 

to reach the commercial annual catch 

limit (ACL) on December 19, 2012. 

Therefore, NMFS closes the commercial 

sector for snowy grouper on December 

19, 2012, for the remainder of the 2012 

fishing year. This action is necessary to 

prevent overfishing of the South 

Atlantic snowy grouper resource. 

DATES: This rule is effective 12:01 a.m., 

local time, December 19, 2012, until 

12:01 a.m., local time, January 1, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Catherine Hayslip, telephone: 727–824– 

5305, email: 

Catherine.Hayslip@noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

snapper-grouper fishery of the South 

Atlantic, which includes snowy 

grouper, is managed under the Fishery 

Management Plan for the SnapperGrouper Fishery of the South Atlantic 

Region (FMP). The FMP was prepared 

by the South Atlantic Fishery 

Management Council and is 

implemented under the authority of the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act) by regulations 

at 50 CFR part 622. 

Background 

The 2006 reauthorization of the 

Magnuson-Stevens Act implemented 

new requirements that ACLs and AMs 

be established to end overfishing and 

prevent overfishing from occurring. 

ACLs are levels of annual catch of a 

stock or stock complex that are set to 

prevent overfishing from occurring. 

AMs are management controls to 

prevent ACLs from being exceeded, and 

to correct or mitigate overages of the 

ACL if they occur. 

The final rule for Amendment 17B to 

the FMP established ACLs for eight 

snapper-grouper species undergoing 

overfishing, including snowy grouper, 

and AMs to be implemented if these 

ACLs are projected to be reached, 

reached, or exceeded (75 FR 82280, 

December 30, 2010). 

The commercial ACL (commercial 

quota) for snowy grouper is 82,900 lb 

(37,603 kg), gutted weight, for the 

current fishing year, as specified in 50 

CFR 622.42(e)(1). 

The AMs for snowy grouper, specified 

at 50 CFR 622.49(b)(2)(i), require NMFS 

to close the commercial sector for 

snowy grouper when the commercial 

ACL (commercial quota) has been 

reached, or is projected to be reached, 

by filing a notification to that effect with 

the Office of the Federal Register. NMFS 

has projected that the commercial ACL 

(commercial quota) for South Atlantic 

snowy grouper will be reached by 

December 19, 2012. Accordingly, the 

commercial sector for South Atlantic 

snowy grouper is closed effective 12:01 

a.m., local time, December 19, 2012, 

until 12:01 a.m., local time, January 1, 

2013. 

The operator of a vessel with a valid 

commercial vessel permit for South 

Atlantic snapper-grouper having snowy 

grouper onboard must have landed and 

bartered, traded, or sold such snowy 

grouper prior to 12:01 a.m., local time, 

December 19, 2012. During this 

commercial closure, the bag limit and 

possession limits specified in 50 CFR 

622.39(d)(1) and (d)(2), respectively, 

apply to all harvest or possession of 

snowy grouper in or from the South 

Atlantic EEZ, and the sale or purchase 

of snowy grouper taken from the EEZ is 

prohibited. The prohibition on sale or 

purchase does not apply to the sale or 

purchase of snowy grouper that were 

harvested, landed ashore, and sold prior 

to 12:01 a.m., local time, December 19, 

2012, and were held in cold storage by 

a dealer or processor. During the 

closure, the bag and possession limits 

and the prohibition on sale/purchase 

apply in the South Atlantic on board a 

vessel for which a valid Federal 

commercial or charter vessel/headboat 

permit for South Atlantic snappergrouper has been issued, without regard 

to where the fish were harvested, i.e., in 

state or Federal waters, as specified in 

50 CFR 622.43(a)(5)(ii). 

Classification 

The Regional Administrator, 

Southeast Region, NMFS, has 

determined this temporary rule is 

necessary for the conservation and 

management of South Atlantic snowy 


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