Federal Register / Vol. 83, No. 178 / Thursday, September 13, 2018 / Rules and Regulations 46401 

Transfer and Advancement Act 

(NTTAA) (15 U.S.C. 272 note). 

VII. Congressional Review Act 

Pursuant to the Congressional Review 

Act (5 U.S.C. 801 et seq.), EPA will 

submit a report containing this rule and 

other required information to the U.S. 

Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of the rule in the Federal 

Register. This action is not a ‘‘major 

rule’’ as defined by 5 U.S.C. 804(2). 

List of Subjects in 40 CFR Part 180 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: September 5, 2018. 

Richard P. Keigwin, Jr., 

Director, 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. Add § 180.700 to subpart C to read 

as follows: 

§ 180.700 Afidopyropen; Tolerances for 

residues. 

(a) General. Tolerances are 

established for residues of 

afidopyropen, including its metabolites 

and degradates, in or on the 

commodities in the table below. 

Compliance with the tolerance levels 

specified below is to be determined by 

measuring only afidopyropen, 

[(3S,4R,4aR,6S,6aS,12R,12aS,12bS)-3- 

[(cyclopropylcarbonyl)oxy]- 

1,3,4,4a,5,6,6a,12,12a,12b-decahydro6,12-dihydroxy-4,6a,12b-trimethyl-11- 

oxo-9-(3-pyridinyl)-2H,11Hnaphtho[2,1-b]pyrano[3,4-e]pyran-4- 

yl]methyl cyclopropanecarboxylate, in 

or on the following food commodities: 

Commodity Parts per 

million 

Almond, hulls .............................. 0.15 

Apple, wet pomace ..................... 0.05 

Brassica, head and stem, group 

5–16 ........................................ 0.50 

Brassica, leafy greens, subgroup 

4–16B ...................................... 5.0 

Citrus, oil ..................................... 0.40 

Cotton, gin byproducts ............... 2.0 

Cotton, undelinted seed ............. 0.08 

Fruit, citrus, group 10–10 ........... 0.15 

Fruit, pome, group 11–10 ........... 0.02 

Fruit, stone, group 12–12 ........... 0.03 

Grain, aspirated fractions ........... 0.15 

Commodity Parts per 

million 

Leafy Greens, subgroup 4–16A 2.0 

Leaf petiole vegetable subgroup 

22B .......................................... 3.0 

Nut, tree, group 14–12 ............... 0.01 

Soybean, seed ............................ 0.01 

Tomato, dried ............................. 0.50 

Vegetable, cucurbit, group 9 ...... 0.70 

Vegetable, fruiting, group 8–10 .. 0.20 

Vegetable, tuberous and corm, 

subgroup 1C ........................... 0.01 

(b) Section 18 emergency exemptions. 

[Reserved] 

(c) Tolerances with regional 

registrations. [Reserved] 

(d) Indirect or inadvertent residues. 

[Reserved] 

[FR Doc. 2018–19951 Filed 9–12–18; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2017–0702; FRL–9983–18] 

Bacteriophage Active Against Erwinia 

amylovora; Exemption from the 

Requirement of a Tolerance 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes an 

exemption from the requirement of a 

tolerance for residues of lytic 

bacteriophage active against Erwinia 

amylovora that are produced in Erwinia 

amylovora in or on apple and pear, 

when used in accordance with label 

directions and good agricultural 

practices. OmniLytics, Inc. 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 bacteriophage active 

against Erwinia amylovora in or on 

apple and pear under FFDCA. 

DATES: This regulation is effective 

September 13, 2018. Objections and 

requests for hearings must be received 

on or before November 13, 2018, 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–2017–0702, 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: 

Robert McNally, Biopesticides and 

Pollution Prevention Division (7511P), 

Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW, Washington, DC 

20460–0001; main telephone number: 

(703) 305–7090; email address: 

BPPDFRNotices@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/text-idx?&c=ecfr&tpl=/ 

ecfrbrowse/Title40/40tab_02.tpl. 

C. How can I file an objection or hearing 

request? 

Under FFDCA section 408(g), 21 

U.S.C. 346a(g), 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–2017–0702 in the subject line on 


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46402 Federal Register / Vol. 83, No. 178 / Thursday, September 13, 2018 / Rules and Regulations 

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 13, 2018. 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– 

2017–0702, 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. Background 

In the Federal Register of March 6, 

2018 (83 FR 9471) (FRL–9973–27), EPA 

issued a document pursuant to FFDCA 

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

announcing the filing of a pesticide 

tolerance petition (PP 7F8573) by 

OmniLytics, Inc., 9100 South 500 West, 

Sandy, UT 84070. The petition 

requested that 40 CFR part 180 be 

amended by establishing an exemption 

from the requirement of a tolerance for 

residues of the bactericide 

bacteriophage active against Erwinia 

amylovora in or on apple and pear. That 

document referenced a summary of the 

petition prepared by the petitioner 

OmniLytics, Inc. and available in the 

docket via http://www.regulations.gov. 

There were no comments regarding this 

exemption received in response to the 

notice of filing. 

Based upon review of data and other 

information supporting the petition, 

EPA is granting a tolerance exemption 

that differs slightly from what the 

petition requested. The reason for this 

difference is explained in Unit III.C. 

III. Final Rule 

A. EPA’s Safety Determination 

Section 408(c)(2)(A)(i) of FFDCA 

allows EPA to establish an exemption 

from the requirement of a tolerance (the 

legal limit for a pesticide chemical 

residue in or on a food) only if EPA 

determines that the exemption is ‘‘safe.’’ 

Section 408(c)(2)(A)(ii) of FFDCA 

defines ‘‘safe’’ to mean that ‘‘there is a 

reasonable certainty that no harm will 

result from aggregate exposure to the 

pesticide chemical residue, including 

all anticipated dietary exposures and all 

other exposures for which there is 

reliable information.’’ This includes 

exposure through drinking water and in 

residential settings but does not include 

occupational exposure. Pursuant to 

FFDCA section 408(c)(2)(B), in 

establishing or maintaining in effect an 

exemption from the requirement of a 

tolerance, EPA must take into account 

the factors set forth in FFDCA section 

408(b)(2)(C), which require EPA to give 

special consideration to exposure of 

infants and children to the pesticide 

chemical residue in establishing a 

tolerance or tolerance exemption and to 

‘‘ensure that there is a reasonable 

certainty that no harm will result to 

infants and children from aggregate 

exposure to the pesticide chemical 

residue. . . .’’ Additionally, FFDCA 

section 408(b)(2)(D) requires that EPA 

consider ‘‘available information 

concerning the cumulative effects of [a 

particular pesticide’s] . . . residues and 

other substances that have a common 

mechanism of toxicity.’’ 

EPA evaluated the available 

toxicological and exposure data on 

bacteriophage active against Erwinia 

amylovora and considered their 

validity, completeness, and reliability, 

as well as the relationship of this 

information to human risk. A full 

explanation of the data upon which EPA 

relied and its risk assessment based on 

those data can be found within the 

document entitled ‘‘Federal Food, Drug, 

and Cosmetic Act (FFDCA) Safety 

Determination for Bacteriophage Active 

Against Erwinia amylovora.’’ This 

document, as well as other relevant 

information, is available in the docket 

for this action as described under 

ADDRESSES. 

The available data demonstrated that 

bacteriophage active against Erwinia 

amylovora are not anticipated to be 

toxic, pathogenic, or infective via any 

route of exposure. Furthermore, 

humans, including infants and children, 

have been exposed to bacteriophage 

through food and water, where they are 

commonly found, with no known 

adverse effects. Although there may be 

some exposure to residues of 

bacteriophage active against Erwinia 

amylovora that are used on apple and 

pear in accordance with label directions 

and good agricultural practices, there is 

a lack of concern due to the lack of 

potential for adverse effects. EPA also 

determined that retention of the Food 

Quality Protection Act (FQPA) safety 

factor was not necessary as part of the 

qualitative assessment conducted for 

bacteriophage active against Erwinia 

amylovora. 

Based upon its evaluation, EPA 

concludes that there is a reasonable 

certainty that no harm will result to the 

U.S. population, including infants and 

children, from aggregate exposure to 

residues of bacteriophage active against 

Erwinia amylovora. Therefore, an 

exemption from the requirement of a 

tolerance is established for residues of 

lytic bacteriophage active against 

Erwinia amylovora that are produced in 

Erwinia amylovora in or on apple and 

pear, when used in accordance with 

label directions and good agricultural 

practices. 

B. Analytical Enforcement Methodology 

An analytical method is not required 

because EPA is establishing an 

exemption from the requirement of a 

tolerance without any numerical 

limitation. 

C. Differences Between Petition and 

Tolerance Exemption Rule 

In its petition, the petitioner 

requested generally that EPA issue an 

exemption from the requirement of a 

tolerance for residues of bacteriophage 

active against Erwinia amylovora in or 

on apple and pear. The petitioner’s 

supporting materials indicated that the 

actual pesticide that would be used 

would be safe because the bacteriophage 

were lytic and were produced in 

Erwinia amylovora. EPA believes that 

only bacteriophage that have these same 

characteristics as the organism tested 

would be safe and should be exempt 

from the requirement of a tolerance. 

Therefore, EPA is issuing a tolerance 

exemption that differs slightly from the 

petition by limiting the exemption to 

residues of bacteriophage that possess 

the same characteristics as the 

bacteriophage that were tested to 

support this exemption. 

IV. Statutory and Executive Order 

Reviews 

This action establishes a tolerance 

exemption under FFDCA section 408(d) 


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Federal Register / Vol. 83, No. 178 / Thursday, September 13, 2018 / Rules and Regulations 46403 

in response to a petition submitted to 

EPA. 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 action 

has been exempted from review under 

Executive Order 12866, this action 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), nor is it considered a 

regulatory action under Executive Order 

13771, entitled ‘‘Reducing Regulations 

and Controlling Regulatory Costs’’ (82 

FR 9339, February 3, 2017). This action 

does not contain any information 

collections subject to OMB approval 

under the Paperwork Reduction Act, 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 exemption in this action, 

do not require the issuance of a 

proposed rule, the requirements of the 

Regulatory Flexibility Act (5 U.S.C. 601 

et seq.) do not apply. 

This action directly regulates growers, 

food processors, food handlers, and food 

retailers, not States or tribes. As a result, 

this action does not alter the 

relationships or distribution of power 

and responsibilities established by 

Congress in the preemption provisions 

of FFDCA section 408(n)(4). As such, 

EPA 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, EPA 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 action. In addition, this action 

does not impose any enforceable duty or 

contain any unfunded mandate as 

described under Title II of the Unfunded 

Mandates Reform Act (2 U.S.C. 1501 et 

seq.). 

This action does not involve any 

technical standards that would require 

EPA’s consideration of voluntary 

consensus standards pursuant to section 

12(d) of the National Technology 

Transfer and Advancement Act (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: September 4, 2018. 

Richard P. Keigwin, Jr., 

Director, 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. Add § 180.1359 to subpart D to read 

as follows: 

§ 180.1359 Bacteriophage active against 

Erwinia amylovora; exemption from the 

requirement of a tolerance. 

An exemption from the requirement 

of a tolerance is established for residues 

of lytic bacteriophage active against 

Erwinia amylovora that are produced in 

Erwinia amylovora in or on apple and 

pear, when used in accordance with 

label directions and good agricultural 

practices. 

[FR Doc. 2018–19954 Filed 9–12–18; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2017–0703; FRL–9983–10] 

Bacteriophage Active Against 

Xanthomonas citri subsp. citri; 

Exemption From the Requirement of a 

Tolerance 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes an 

exemption from the requirement of a 

tolerance for residues of lytic 

bacteriophage active against 

Xanthomonas citri subsp. citri that are 

produced in Xanthomonas citri subsp. 

citri in or on food commodities included 

in the fruit, citrus groups 10 and 10–10, 

when used in accordance with label 

directions and good agricultural 

practices. OmniLytics, Inc. 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 bacteriophage active 

against Xanthomonas citri subsp. citri in 

or on food commodities of the fruit, 

citrus groups 10 and 10–10 under 

FFDCA. 

DATES: This regulation is effective 

September 13, 2018. Objections and 

requests for hearings must be received 

on or before November 13, 2018, 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–2017–0703, 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: 

Robert McNally, Biopesticides and 

Pollution Prevention Division (7511P), 


daltland on DSKBBV9HB2PROD with RULES