18748 Federal Register / Vol. 77, No. 60 / Wednesday, March 28, 2012 / Proposed Rules 

VI. Technical Amendments 

The Office will adopt technical 

amendments as needed to conform 

existing regulations to the changes 

proposed in this notice. 

VII. Request for Comments 

The Copyright Office is publishing the 

proposed new fee schedule to provide 

the public with an opportunity to 

comment. The Office anticipates 

implementation of the new fees with the 

beginning of the new fiscal year, 

October 1, 2012. 

Dated: March 21, 2012. 

Maria A. Pallante, 

Register of Copyrights. 

[FR Doc. 2012–7428 Filed 3–27–12; 8:45 am] 

BILLING CODE P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2011–0507; FRL–9340–9] 

RIN 2070–ZA16 

Dicloran and Formetanate; Proposed 

Tolerance Actions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to revoke 

certain tolerances for the fungicide 

dicloran and the insecticide formetanate 

hydrochloride because, in follow-up to 

voluntary requests from registrants, 

domestic registrations were voluntarily 

amended to delete specific uses, leaving 

no dicloran and formetanate 

hydrochloride registrations for those 

uses. Also, in accordance with current 

Agency practice, EPA is proposing to 

make minor revisions to the tolerance 

expressions for dicloran and 

formetanate hydrochloride and to 

specific tolerance nomenclatures for 

dicloran. 

DATES: Comments must be received on 

or before May 29, 2012. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2011–0507, by 

one of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

• Mail: Office of Pesticide Programs 

(OPP) Regulatory Public Docket (7502P), 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001. 

• Delivery: OPP Regulatory Public 

Docket (7502P), Environmental 

Protection Agency, Rm. S–4400, One 

Potomac Yard (South Bldg.), 2777 S. 

Crystal Dr., Arlington, VA. Deliveries 

are only accepted during the Docket 

Facility’s normal hours of operation 

(8:30 a.m. to 4 p.m., Monday through 

Friday, excluding legal holidays). 

Special arrangements should be made 

for deliveries of boxed information. The 

Docket Facility telephone number is 

(703) 305–5805. 

Instructions: Direct your comments to 

docket ID number EPA–HQ–OPP–2011– 

0507. EPA’s policy is that all comments 

received will be included in the docket 

without change and may be made 

available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through regulations.gov or 

email. The 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 

regulations.gov, your email address will 

be automatically captured and included 

as part of the comment that is placed in 

the 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 docket index available 

at http://www.regulations.gov. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either in the 

electronic docket at http:// 

www.regulations.gov, or, if only 

available in hard copy, at the OPP 

Regulatory Public Docket in Rm. S– 

4400, One Potomac Yard (South Bldg.), 

2777 S. Crystal Dr., Arlington, VA. The 

hours of operation of this Docket 

Facility are from 8:30 a.m. to 4 p.m., 

Monday through Friday, excluding legal 

holidays. The Docket Facility telephone 

number is (703) 305–5805. 

FOR FURTHER INFORMATION CONTACT: 

Joseph Nevola, Pesticide Re-evaluation 

Division (7508P), Office of Pesticide 

Programs, Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW., 

Washington, DC 20460–0001; telephone 

number: (703) 308–8037; email address: 

nevola.joseph@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. Potentially 

affected entities may include, but are 

not limited to: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

This listing is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

affected by this action. Other types of 

entities not listed in this unit could also 

be affected. The North American 

Industrial Classification System 

(NAICS) codes have been provided to 

assist you and others in determining 

whether this action might apply to 

certain entities. To determine whether 

you or your business may be affected by 

this action, you should carefully 

examine the applicability provisions in 

Unit II.A. If you have any questions 

regarding the applicability of this action 

to a particular entity, consult the person 

listed under FOR FURTHER INFORMATION

CONTACT. 

B. What should I consider as I prepare 

my comments for EPA? 

1. Submitting CBI. Do not submit this 

information to EPA through 

regulations.gov or email. Clearly mark 

the part or all of the information that 

you claim to be CBI. For CBI 

information in a disk or CD–ROM that 

you mail to EPA, mark the outside of the 

disk or CD–ROM as CBI and then 

identify electronically within the disk or 

CD–ROM the specific information that 

is claimed as CBI. In addition to one 

complete version of the comment that 

includes information claimed as CBI, a 

copy of the comment that does not 

contain the information claimed as CBI 

must be submitted for inclusion in the 

public docket. Information so marked 


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Federal Register / Vol. 77, No. 60 / Wednesday, March 28, 2012 / Proposed Rules 18749 

will not be disclosed except in 

accordance with procedures set forth in 

40 CFR part 2. 

2. Tips for preparing your comments. 

When submitting comments, remember 

to: 

i. Identify the document by docket ID 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

ii. Follow directions. The Agency may 

ask you to respond to specific questions 

or organize comments by referencing a 

Code of Federal Regulations (CFR) part 

or section number. 

iii. Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

iv. Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

v. If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

vi. Provide specific examples to 

illustrate your concerns and suggest 

alternatives. 

vii. Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

viii. Make sure to submit your 

comments by the comment period 

deadline identified. 

C. What can I do if I wish the Agency 

to maintain a tolerance that the Agency 

proposes to revoke? 

This proposed rule provides a 

comment period of 60 days for any 

person to state an interest in retaining 

a tolerance proposed for revocation. If 

EPA receives a comment within the 60- 

day period to that effect, EPA will not 

proceed to revoke the tolerance 

immediately. However, EPA will take 

steps to ensure the submission of any 

needed supporting data and will issue 

an order in the Federal Register under 

the Federal Food, Drug, and Cosmetic 

Act (FFDCA) section 408(f), if needed. 

The order would specify data needed 

and the timeframes for its submission, 

and would require that within 90 days 

some person or persons notify EPA that 

they will submit the data. If the data are 

not submitted as required in the order, 

EPA will take appropriate action under 

FFDCA. 

EPA issues a final rule after 

considering comments that are 

submitted in response to this proposed 

rule. In addition to submitting 

comments in response to this proposed 

rule, you may also submit an objection 

at the time of the final rule. If you fail 

to file an objection to the final rule 

within the time period specified, you 

will have waived the right to raise any 

issues resolved in the final rule. After 

the specified time, issues resolved in the 

final rule cannot be raised again in any 

subsequent proceedings. 

II. Background 

A. What action is the Agency taking? 

EPA is proposing to revoke the potato 

tolerance for the fungicide dicloran and 

the apple, peach, and pear tolerances for 

the insecticide formetanate 

hydrochloride. 

EPA is proposing the tolerance 

revocations in follow-up to the Agency’s 

approval (as described in Unit II.A.) of 

voluntary requests from registrants to 

amend dicloran and formetanate 

product labels to delete uses for specific 

food commodities. Also, in accordance 

with current Agency practice, EPA is 

proposing to make minor revisions to 

the tolerance expression for dicloran 

and to specific tolerance nomenclatures 

for dicloran. In addition, in accordance 

with current Agency practice to describe 

more clearly the measurement and 

scope or coverage of the tolerances, 

including applicable metabolites and 

degradates, EPA is proposing minor 

revisions to the tolerance expression for 

formetanate hydrochloride. The 

revisions do not substantively change 

the tolerance or, in any way, modify the 

permissible level of residues permitted 

by the tolerance. It is EPA’s general 

practice to propose revocation of those 

tolerances for residues of pesticide 

active ingredients on crop uses for 

which there are no active registrations 

under the Federal Insecticide, 

Fungicide, and Rodenticide Act 

(FIFRA), unless someone submits 

comments on the proposed rule 

indicating a need for the tolerance to 

cover residues in or on imported 

commodities or legally treated domestic 

commodities. The following discussion 

explains the specific changes and the 

reasons for the changes. 

1. Dicloran. Because it is no longer 

Agency practice to distinguish between 

preharvest and postharvest applications 

in the tolerance expression, in 40 CFR 

180.200, EPA is proposing to remove 

paragraph (a)(2), redesignate paragraph 

(a)(1) as paragraph (a), and revise the 

introductory text containing the 

tolerance expression in newly 

designated paragraph (a) by removing 

the reference concerning preharvest and 

postharvest applications, to read as set 

out in the proposed regulatory text at 

the end of this document. 

Also, in the Federal Register of 

December 1, 2010 (75 FR 74714) (FRL– 

8854–3), EPA published a notice of 

receipt of requests to voluntarily amend 

certain dicloran (DCNA) registrations to 

delete the use for potato, and therefore 

terminate the last registrations for use of 

dicloran in or on potato. In the Federal 

Register of November 16, 2011 (76 FR 

71022) (FRL–8883–8), EPA approved 

the cancellation order for amendments 

to terminate product uses and allowed 

registrants to sell and distribute existing 

stocks of the affected products until 

November 16, 2012. The Agency 

allowed persons other than the 

registrant to sell, distribute, or use 

existing stocks of the affected products 

until they are exhausted, provided that 

it complies with the EPA approved 

labeling. Recently, the registrant has 

been in further communication with the 

Agency, and based on the information 

provided, EPA believes that existing 

stocks are likely to be exhausted by 

December 31, 2014. Therefore, EPA is 

proposing to revoke the tolerance in 

newly designated 40 CFR 180.200(a) on 

potato with an expiration/revocation 

date of December 31, 2014. 

In addition, because it is no longer 

Agency practice to distinguish between 

preharvest and postharvest applications 

in the tolerance definitions, EPA is 

proposing to revise the commodity 

terminology in newly designated 40 

CFR 180.200(a) from ‘‘apricot, 

postharvest’’ to ‘‘apricot,’’ ‘‘carrot, roots, 

postharvest’’ to ‘‘carrot, roots,’’ ‘‘cherry, 

sweet, postharvest,’’ to ‘‘cherry, sweet,’’ 

‘‘nectarine, postharvest’’ to ‘‘nectarine,’’ 

‘‘peach, postharvest,’’ to ‘‘peach,’’ 

‘‘plum, prune, fresh, postharvest’’ to 

‘‘plum, prune, fresh,’’ and ‘‘sweet 

potato, postharvest,’’ to ‘‘sweet potato, 

roots.’’ 

2. Formetanate hydrochloride. In the 

Federal Register of July 13, 2011 (76 FR 

41250) (FRL–8879–7), EPA published a 

notice of receipt of requests to 

voluntarily amend certain formetanate 

registrations to delete uses for apple, 

peach, and pear, and therefore terminate 

the last registrations for use of 

formetanate hydrochloride in or on 

those commodities. In the Federal 

Registers of September 14, 2011 (76 FR 

56753) (FRL–8888–2) and November 16, 

2011 (76 FR 71021) (FRL–9327–1), EPA 

approved the cancellation order for 

amendments to terminate product uses 

and amended the order to allow 

registrants to sell and distribute existing 

stocks of the affected products until 

January 31, 2012 (which extended the 

deadline by 60 days beyond that 

previously allowed in the September 14, 

2011 cancellation order). The Agency 

allowed persons other than the 

registrant to sell, distribute, or use 

existing stocks of the affected products 

until December 31, 2013. Therefore, 

EPA is proposing to revoke the 

tolerances in 40 CFR 180.276(a) on 


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apple; apple, wet pomace; peach; and 

pear with expiration/revocation dates of 

December 31, 2013. 

In order to describe more clearly the 

measurement and scope or coverage of 

the tolerances, EPA is proposing to 

revise the introductory text containing 

the tolerance expression in 40 CFR 

180.276(a) to read as set out in the 

proposed regulatory text at the end of 

this document. 

B. What is the agency’s authority for 

taking this action? 

A ‘‘tolerance’’ represents the 

maximum level for residues of pesticide 

chemicals legally allowed in or on raw 

agricultural commodities and processed 

foods. Section 408 of FFDCA, 21 U.S.C. 

346a, as amended by FQPA of 1996, 

Public Law 104–170, authorizes the 

establishment of tolerances, exemptions 

from tolerance requirements, 

modifications in tolerances, and 

revocation of tolerances for residues of 

pesticide chemicals in or on raw 

agricultural commodities and processed 

foods. Without a tolerance or 

exemption, food containing pesticide 

residues is considered to be unsafe and 

therefore ‘‘adulterated’’ under FFDCA 

section 402(a), 21 U.S.C. 342(a). Such 

food may not be distributed in interstate 

commerce (21 U.S.C. 331(a)). For a fooduse pesticide to be sold and distributed, 

the pesticide must not only have 

appropriate tolerances under the 

FFDCA, but also must be registered 

under FIFRA (7 U.S.C. 136 et seq.). 

Food-use pesticides not registered in the 

United States must have tolerances in 

order for commodities treated with 

those pesticides to be imported into the 

United States. 

EPA’s general practice is to propose 

revocation of tolerances for residues of 

pesticide active ingredients on crops for 

which FIFRA registrations no longer 

exist and on which the pesticide may 

therefore no longer be used in the 

United States. EPA has historically been 

concerned that retention of tolerances 

that are not necessary to cover residues 

in or on legally treated foods may 

encourage misuse of pesticides within 

the United States. Nonetheless, EPA 

will establish and maintain tolerances 

even when corresponding domestic uses 

are canceled if the tolerances, which 

EPA refers to as ‘‘import tolerances,’’ are 

necessary to allow importation into the 

United States of food containing such 

pesticide residues. However, where 

there are no imported commodities that 

require these import tolerances, the 

Agency believes it is appropriate to 

revoke tolerances for unregistered 

pesticides in order to prevent potential 

misuse. 

Furthermore, as a general matter, the 

Agency believes that retention of import 

tolerances not needed to cover any 

imported food may result in 

unnecessary restriction on trade of 

pesticides and foods. Under FFDCA 

section 408, a tolerance may only be 

established or maintained if EPA 

determines that the tolerance is safe 

based on a number of factors, including 

an assessment of the aggregate exposure 

to the pesticide and an assessment of 

the cumulative effects of such pesticide 

and other substances that have a 

common mechanism of toxicity. In 

doing so, EPA must consider potential 

contributions to such exposure from all 

tolerances. If the cumulative risk is such 

that the tolerances in aggregate are not 

safe, then every one of these tolerances 

is potentially vulnerable to revocation. 

Furthermore, if unneeded tolerances are 

included in the aggregate and 

cumulative risk assessments, the 

estimated exposure to the pesticide 

would be inflated. Consequently, it may 

be more difficult for others to obtain 

needed tolerances or to register needed 

new uses. To avoid potential trade 

restrictions, the Agency is proposing to 

revoke tolerances for residues on crops 

for which FIFRA registrations no longer 

exist, unless someone expresses a need 

for such tolerances. Through this 

proposed rule, the Agency is inviting 

individuals who need these import 

tolerances to identify themselves and 

the tolerances that are needed to cover 

imported commodities. 

Parties interested in retention of the 

tolerances should be aware that 

additional data may be needed to 

support retention. These parties should 

be aware that, under FFDCA section 

408(f), if EPA determines that additional 

information is reasonably required to 

support the continuation of a tolerance, 

EPA may require that parties interested 

in maintaining the tolerances provide 

the necessary information. If the 

requisite information is not submitted, 

EPA may issue an order revoking the 

tolerance at issue. 

C. When do these actions become 

effective? 

EPA is proposing that the actions 

proposed in this document will become 

effective on the date of publication of 

the final rule in the Federal Register. 

EPA is proposing an expiration/ 

revocation date of December 31, 2014 

for revocation of the dicloran tolerance 

on potato and December 31, 2013 for 

revocation of the formetanate 

hydrochloride tolerances on apple; 

apple, wet pomace; peach; and pear. 

The Agency believes that these 

revocation dates allow users to exhaust 

stocks and allow sufficient time for 

passage of treated commodities through 

the channels of trade. However, if EPA 

is presented with information that 

existing stocks would still be available 

and that information is verified, the 

Agency will consider extending the 

expiration date of the tolerance. If you 

have comments regarding existing 

stocks and whether the effective date 

allows sufficient time for treated 

commodities to clear the channels of 

trade, please submit comments as 

described under SUPPLEMENTARY

INFORMATION. 

Any commodities listed in this 

proposed rule treated with the 

pesticides subject to this proposed rule, 

and in the channels of trade following 

the tolerance revocations, shall be 

subject to FFDCA section 408(1)(5), as 

established by FQPA. Under this unit, 

any residues of these pesticides in or on 

such food shall not render the food 

adulterated so long as it is shown to the 

satisfaction of the Food and Drug 

Administration that: 

1. The residue is present as the result 

of an application or use of the pesticide 

at a time and in a manner that was 

lawful under FIFRA, and 

2. The residue does not exceed the 

level that was authorized at the time of 

the application or use to be present on 

the food under a tolerance or exemption 

from tolerance. Evidence to show that 

food was lawfully treated may include 

records that verify the dates when the 

pesticide was applied to such food. 

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 formetanate hydrochloride or MRL 

for dicloran in or on potatoes. 


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IV. Statutory and Executive Order 

Reviews 

In this proposed rule, EPA is 

proposing to revoke specific tolerances 

established under FFDCA section 408. 

The Office of Management and Budget 

(OMB) has exempted this type of action 

(e.g., tolerance revocation for which 

extraordinary circumstances do not 

exist) from review under Executive 

Order 12866, entitled ‘‘Regulatory 

Planning and Review’’ (58 FR 51735, 

October 4, 1993). Because this proposed 

rule has been exempted from review 

under Executive Order 12866 due to its 

lack of significance, this proposed 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). This proposed 

rule does not contain any information 

collections subject to OMB approval 

under the Paperwork Reduction Act 

(PRA), 44 U.S.C. 3501 et seq., or impose 

any enforceable duty or contain any 

unfunded mandate as described under 

Title II of the Unfunded Mandates 

Reform Act of 1995 (UMRA) (Pub. L. 

104–4). Nor does it require any special 

considerations as required by Executive 

Order 12898, entitled ‘‘Federal Actions 

to Address Environmental Justice in 

Minority Populations and Low-Income 

Populations’’ (59 FR 7629, February 16, 

1994); or OMB review or any other 

Agency action under Executive Order 

13045, entitled ‘‘Protection of Children 

from Environmental Health Risks and 

Safety Risks’’ (62 FR 19885, April 23, 

1997). This action does not involve any 

technical standards that would require 

Agency consideration of voluntary 

consensus standards pursuant to section 

12(d) of the National Technology 

Transfer and Advancement Act of 1995 

(NTTAA), Public Law 104–113, section 

12(d) (15 U.S.C. 272 note). Pursuant to 

the Regulatory Flexibility Act (RFA) (5 

U.S.C. 601 et seq.), the Agency 

previously assessed whether revocations 

of tolerances might significantly impact 

a substantial number of small entities 

and concluded that, as a general matter, 

these actions do not impose a significant 

economic impact on a substantial 

number of small entities. This analysis 

was published on December 17, 1997 

(62 FR 66020) (FRL–5753–1), and was 

provided to the Chief Counsel for 

Advocacy of the Small Business 

Administration. Taking into account 

this analysis, and available information 

concerning the pesticides listed in this 

proposed rule, the Agency hereby 

certifies that this proposed rule will not 

have a significant negative economic 

impact on a substantial number of small 

entities. In a memorandum dated May 

25, 2001, EPA determined that eight 

conditions must all be satisfied in order 

for an import tolerance or tolerance 

exemption revocation to adversely affect 

a significant number of small entity 

importers, and that there is a negligible 

joint probability of all eight conditions 

holding simultaneously with respect to 

any particular revocation. This Agency 

document is available in the docket of 

this proposed rule. Furthermore, for the 

pesticides named in this proposed rule, 

the Agency knows of no extraordinary 

circumstances that exist as to the 

present proposed rule that would 

change the EPA’s previous analysis. 

Any comments about the Agency’s 

determination should be submitted to 

the EPA along with comments on the 

proposed rule, and will be addressed 

prior to issuing a final rule. In addition, 

the Agency has determined that this 

action will not have a substantial direct 

effect on 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, 

entitled ‘‘Federalism’’ (64 FR 43255, 

August 10, 1999). Executive Order 

13132 requires EPA to develop an 

accountable process to ensure 

‘‘meaningful and timely input by State 

and local officials in the development of 

regulatory policies that have federalism 

implications.’’ ‘‘Policies that have 

federalism implications’’ is defined in 

the Executive order to include 

regulations that 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.’’ This 

proposed rule directly regulates 

growers, food processors, food handlers, 

and food retailers, not States. 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). For these same 

reasons, the Agency has determined that 

this proposed rule does not have any 

‘‘tribal implications’’ as described in 

Executive Order 13175, entitled 

‘‘Consultation and Coordination with 

Indian Tribal Governments’’ (65 FR 

67249, November 9, 2000). Executive 

Order 13175 requires EPA to develop an 

accountable process to ensure 

‘‘meaningful and timely input by tribal 

officials in the development of 

regulatory policies that have tribal 

implications.’’ ‘‘Policies that have tribal 

implications’’ is defined in the 

Executive order to include regulations 

that have ‘‘substantial direct effects on 

one or more Indian tribes, on the 

relationship between the Federal 

Government and the Indian tribes, or on 

the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes.’’ This 

proposed rule will not have substantial 

direct effects on tribal governments, 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, as 

specified in Executive Order 13175. 

Thus, Executive Order 13175 does not 

apply to this proposed rule. 

List of Subjects in 40 CFR Part 180 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: March 19, 2012. 

Steve Bradbury, 

Director, Office of Pesticide Programs. 

Therefore, it is proposed that 40 CFR 

chapter I be 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. Revise § 180.200 to read as follows: 

§ 180.200 Dicloran; tolerances for 

residues. 

(a) General. Tolerances are 

established for residues of the fungicide 

dicloran, including its metabolites and 

degradates, in or on the commodities in 

the table in this paragraph. Compliance 

with the tolerance levels specified in 

this paragraph is to be determined by 

measuring only dicloran, 2,6-dichloro-4- 

nitroaniline, in or on the commodity. 

Commodity Parts per 

million 

Expiration/ 

revocation 

date 

Apricot ............. 20 None. 

Bean, snap, 

succulent.

20 None. 

Carrot, roots .... 10 11/2/11. 

Celery .............. 15 None. 

Cherry, sweet .. 20 None. 

Cucumber ....... 5 None. 

Endive ............. 10 None. 

Garlic ............... 5 None. 

Grape .............. 10 None. 

Lettuce ............ 10 None. 

Nectarine ......... 20 None. 

Onion .............. 10 None. 

Peach .............. 20 None. 

Plum, prune, 

fresh.

15 None. 


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Commodity Parts per 

million 

Expiration/ 

revocation 

date 

Potato .............. 0.25 12/31/14. 

Rhubarb .......... 10 None. 

Sweet potato, 

roots.

10 None. 

Tomato ............ 5 None. 

(b) Section 18 emergency exemptions. 

[Reserved] 

(c) Tolerances with regional 

registrations. [Reserved] 

(d) Indirect or inadvertent residues. 

[Reserved] 

3. Revise § 180.276 to read as follows: 

§ 180.276 Formetanate hydrochloride; 

tolerances for residues. 

(a) General. Tolerances are 

established for residues of the 

insecticide formetanate hydrochloride, 

including its metabolites and 

degradates, in or on the commodities in 

the table in this paragraph. Compliance 

with the tolerance levels specified in 

this paragraph is to be determined by 

measuring only formetanate 

hydrochloride, N,N-dimethyl-N ′-[3- 

[[(methylamino)carbonyl]oxy]phenyl]

methanimidamide hydrochloride, in or 

on the commodity. 

Commodity Parts per 

million 

Expiration/ 

revocation 

date 

Apple ............... 0.50 12/31/13. 

Apple, wet 

pomace.

1.5 12/31/13. 

Grapefruit ........ 1.5 None. 

Lemon ............. 0.60 None. 

Lime ................ 0.03 None. 

Nectarine ......... 0.40 None. 

Orange ............ 1.5 None. 

Peach .............. 0.40 12/31/13. 

Pear ................ 0.50 12/31/13. 

Tangelo ........... 0.03 None. 

Tangerine ........ 0.03 None. 

(b) Section 18 emergency exemptions. 

[Reserved] 

(c) Tolerances with regional 

registrations. [Reserved] 

(d) Indirect or inadvertent residues. 

[Reserved] 

[FR Doc. 2012–7445 Filed 3–27–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 721 

[EPA–HQ–OPPT–2010–0573; FRL–8865–2] 

RIN 2070–AJ73 

Benzidine-Based Chemical 

Substances; Di-n-pentyl phthalate 

(DnPP); and Alkanes, C12–13, Chloro; 

Proposed Significant New Use Rules 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: Under the Toxic Substances 

Control Act (TSCA), EPA is proposing: 

To add nine benzidine-based chemical 

substances to the Significant New Use 

Rule (SNUR) on benzidine-based 

chemical substances; a SNUR for di-npentyl phthalate (DnPP) (1,2- 

benzenedicarboxylic acid, 1,2-dipentyl 

ester) (CAS No. 131–18–0); and a SNUR 

for alkanes, C12–13, chloro (CAS No. 

71011–12–6). In the case of the 

benzidine-based chemical substances, 

EPA is also proposing to make 

inapplicable the exemption relating to 

persons that import or process 

substances as part of an article. If 

finalized, this rule would require 

persons who intend to manufacture, 

import, or process these chemical 

substances for an activity that is 

designated as a significant new use to 

notify EPA at least 90 days before 

commencing that activity. The required 

notification would provide EPA with 

the opportunity to evaluate activities 

associated with a significant new use 

and an opportunity to protect against 

potential unreasonable risks, if any, 

from exposure to the chemical 

substance. 

DATES: Comments must be received on 

or before June 26, 2012. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPPT–2010–0573, by 

one of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• Mail: Document Control Office 

(7407M), Office of Pollution Prevention 

and Toxics (OPPT), Environmental 

Protection Agency, 1200 Pennsylvania 

Ave. NW., Washington, DC 20460–0001. 

• Hand Delivery: OPPT Document 

Control Office (DCO), EPA East Bldg., 

Rm. 6428, 1201 Constitution Ave. NW., 

Washington, DC. Attention: Docket ID 

number EPA–HQ–OPPT–2010–0573. 

The DCO is open from 8 a.m. to 4 p.m., 

Monday through Friday, excluding legal 

holidays. The telephone number for the 

DCO is (202) 564–8930. Such deliveries 

are only accepted during the DCO’s 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

• Instructions: Direct your comments 

to docket ID number EPA–HQ–OPPT– 

2010–0573. EPA’s policy is that all 

comments received will be included in 

the docket without change and may be 

made available on-line at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through regulations.gov or 

email. The 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 

regulations.gov, your email address will 

be automatically captured and included 

as part of the comment that is placed in 

the 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 docket index available 

at http://www.regulations.gov. Although 

listed in the index, some information is 

not publicly available, e.g., 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. Publicly available docket 

materials are available electronically at 

http://www.regulations.gov, or, if only 

available in hard copy, at the OPPT 

Docket. The OPPT Docket is located in 

the EPA Docket Center (EPA/DC) at Rm. 

3334, EPA West Bldg., 1301 

Constitution Ave. NW., Washington, 

DC. The EPA/DC Public Reading Room 

hours of operation are 8:30 a.m. to 4:30 

p.m., Monday through Friday, excluding 

legal holidays. The telephone number of 

the EPA/DC Public Reading Room is 

(202) 566–1744, and the telephone 

number for the OPPT Docket is (202) 

566–0280. Docket visitors are required 


tkelley on DSK3SPTVN1PROD with PROPOSALS