Federal Register / Vol. 77, No. 158 / Wednesday, August 15, 2012 / Rules and Regulations 48899 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2012–0324; FRL–9349–6] 

Flutriafol; Pesticide Tolerances for 

Emergency Exemptions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

time-limited tolerances for residues of 

flutriafol in or on cotton, undelinted 

seed; cotton, meal; cotton, refined oil; 

and cotton gin byproducts. This action 

is in response to EPA’s granting of an 

emergency exemption under section 18 

of the Federal Insecticide, Fungicide, 

and Rodenticide Act (FIFRA) 

authorizing use of the pesticide on 

cotton. This regulation establishes a 

maximum permissible level for residues 

of flutriafol in or on cotton 

commodities. The time-limited 

tolerances expire on December 31, 2014. 

DATES: This regulation is effective 

August 15, 2012. Objections and 

requests for hearings must be received 

on or before October 15, 2012, 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–2012–0324, is 

available either electronically through 

http://www.regulations.gov or in hard 

copy at the OPP Docket in the 

Environmental Protection Agency 

Docket Center (EPA/DC), located in EPA 

West, 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: 

Debra Rate, Registration Division 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001; telephone number: 

(703) 306–0309; email address: 

rate.debra@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). 

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 section 408(g) of the Federal 

Food, Drug, and Cosmetic Act (FFDCA), 

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–2012–0324 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 October 15, 2012. 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 that does not 

contain any 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 a copy of 

your non-CBI objection or hearing 

request, identified by docket ID number 

EPA–HQ–OPP–2012–0324, 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 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. 

• Mail: OPP Docket, Environmental 

Protection Agency Docket Center (EPA/ 

DC), Mail Code: 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, on its own initiative, in 

accordance with FFDCA sections 408(e) 

and 408(l)(6) of, 21 U.S.C. 346a(e) and 

346a(1)(6), is establishing time-limited 

tolerances for combined residues of 

flutriafol, its metabolites and 

degradates, in or on cotton, undelinted 

seed at 0.35 parts per million (ppm); 

cotton, meal at 0.5 ppm; cotton, refined 

oil at 0.5 ppm; and cotton gin 

byproducts at 0.50 ppm. These timelimited tolerances expire on December 

31, 2014. 

Section 408(l)(6) of 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 under section 18 of FIFRA. Such 

tolerances can be established without 

providing notice or period for public 

comment. EPA does not intend for its 

actions on FIFRA section 18 related 

time-limited tolerances to set binding 

precedents for the application of FFDCA 

section 408 and the safety standard to 

other tolerances and exemptions. 

Section 408(e) of FFDCA allows EPA to 

establish a tolerance or an exemption 

from the requirement of a tolerance on 

its own initiative, i.e., without having 

received any petition from an outside 

party. 

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 


srobinson on DSK4SPTVN1PROD with RULES
48900 Federal Register / Vol. 77, No. 158 / Wednesday, August 15, 2012 / Rules and Regulations 

occupational exposure. Section 

408(b)(2)(C) of FFDCA requires EPA to 

give special consideration to exposure 

of infants and children to the pesticide 

chemical residue in establishing a 

tolerance 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 * * * .’’ 

Section 18 of FIFRA authorizes EPA 

to exempt any Federal or State agency 

from any provision of FIFRA, if EPA 

determines that ‘‘emergency conditions 

exist which require such exemption.’’ 

EPA has established regulations 

governing such emergency exemptions 

in 40 CFR part 166. 

III. Emergency Exemption for Flutriafol 

on Cotton and FFDCA Tolerances 

This is the first section 18 request 

received for the use of flutriafol on 

cotton. Texas had the worst one-year, 

2011, drought since 1895 (Huber, 2011). 

Under the drought conditions cotton 

root rot fungus flourished on stressed 

cotton plants to reduce yields and 

produce more fungal inoculums that 

will remain viable for 5–8 years in the 

soil. The submitted information showed 

that in 2011, cotton growers suffered 

30–66 percent yield losses in fields 

infested with cotton root rot. Fields 

infested with cotton root rot disease last 

year are expected to have even heavier 

losses this year unless the pest is 

effectively mitigated. 

In Texas, approximately 12% of 2.4 

million acres of cotton are infested with 

the root rot fungus. In 2012, yield losses 

are expected to be like 2011 or higher 

without the use of flutriafol. The severe 

drought condition of 2011 was a nonroutine event that stressed cotton plants. 

The drought stressed cotton is more 

susceptible to the root rot fungus which 

causes high yield losses and build-up of 

fungal inoculums in soil. The drought 

condition and elevated pest pressure are 

likely to continue to cause severe yield 

losses in the 2012 growing season 

resulting in significant economic losses. 

After having reviewed the 

submission, EPA determined that an 

emergency condition exists for this 

State, and that the criteria for approval 

of an emergency exemption are met. 

EPA has authorized a specific 

exemption under FIFRA section 18 for 

the use of flutriafol on cotton for control 

of cotton root rot, caused by the fungus 

Phymatotrichum omnivorum in Texas. 

As part of its evaluation of the 

emergency exemption application, EPA 

assessed the potential risks presented by 

residues of flutriafol in or on cotton. In 

doing so, EPA considered the safety 

standard in FFDCA section 408(b)(2), 

and EPA decided that the necessary 

tolerances under FFDCA section 

408(l)(6) would be consistent with the 

safety standard and with FIFRA section 

18. Consistent with the need to move 

quickly on the emergency exemption in 

order to address an urgent non-routine 

situation and to ensure that the resulting 

food is safe and lawful, EPA is issuing 

these tolerances without advance notice 

and opportunity for public comment as 

provided in FFDCA section 408(l)(6). 

Although these time-limited tolerances 

expire on December 31, 2014, under 

FFDCA section 408(l)(5), residues of the 

pesticide not in excess of the amounts 

specified in the tolerance remaining in 

or on cotton, undelinted seed; cotton, 

meal; cotton, refined oil and cotton, gin 

byproducts after that date will not be 

unlawful, provided the pesticide was 

applied in a manner that was lawful 

under FIFRA, and the residues do not 

exceed a level that was authorized by 

these time-limited tolerances at the time 

of that application. EPA will take action 

to revoke these time-limited tolerances 

earlier if any experience with, scientific 

data on, or other relevant information 

on this pesticide indicate that the 

residues are not safe. 

Because these time-limited tolerances 

are being approved under emergency 

conditions, EPA has not made any 

decisions about whether flutriafol meets 

FIFRA’s registration requirements for 

use on cotton or whether permanent 

tolerances for this use would be 

appropriate. Under these circumstances, 

EPA does not believe that this timelimited tolerance decision serves as a 

basis for registration of flutriafol by a 

State for special local needs under 

FIFRA section 24(c). Nor do these 

tolerances by themselves serve as the 

authority for persons in any State other 

than Texas to use this pesticide on 

cotton absent the issuance of an 

emergency exemption applicable within 

that State. For additional information 

regarding the emergency exemption for 

flutriafol, contact the Agency’s 

Registration Division at the address 

provided under FOR FURTHER

INFORMATION CONTACT. 

IV. Aggregate Risk Assessment and 

Determination of Safety 

EPA performs a number of analyses to 

determine the risks from aggregate 

exposure to pesticide residues. For 

further discussion of the regulatory 

requirements of section 408 of the 

FFDCA and a complete description of 

the risk assessment process, see http:// 

www.epa.gov/pesticides/factsheets/ 

riskassess.htm. 

Consistent with the factors specified 

in FFDCA section 408(b)(2)(D), EPA has 

reviewed the available scientific data 

and other relevant information in 

support of this action. EPA has 

sufficient data to assess the hazards of 

and to make a determination on 

aggregate exposure expected as a result 

of this emergency exemption request 

and the time-limited tolerances for 

combined residues of flutriafol, its 

metabolites and degradates, in or on 

cotton, undelinted seed at 0.35 ppm; 

cotton, meal at 0.5 ppm; cotton, refined 

oil at 0.5 ppm and cotton, gin 

byproducts at 0.5 ppm. 

On November 9, 2011, the Agency 

published a final rule (76 FR 69643) 

(FRL–9325–6) establishing tolerances 

for residues of flutriafol, ((±)-[alpha]-(2- 

fluorophenyl)-[alpha]-(4-fluorophenyl)- 

1H-1,2,4-triazole-1-ethanol, in or on 

multiple commodities. Since the 

publication of that final rule, the 

Agency has conducted risk assessments 

evaluating the use of flutriafol on cotton 

under section 18 of FIFRA. These new 

risk assessments have not identified any 

changes to the hazard data, hazard 

characterization or end-points relied 

upon in the November 9, 2011, 

tolerance rule. The additional exposures 

and risks associated with residues 

resulting from the section 18 use on 

cotton are negligible and do not 

significantly change the previous acute 

and chronic aggregate risk. Therefore, 

establishing the time-limited tolerances 

on the cotton commodities will not 

change the most recent aggregate risks 

resulting from the use of flutriafol, as 

discussed in the November 9, 2011 

Federal Register. Refer to the November 

9, 2011 Federal Register document for 

a detailed discussion of the aggregate 

risk assessments and determination of 

safety. 

Based on the risk assessments and 

findings discussed in the final rule 

published in the Federal Register of 

November 9, 2011, as well as recent 

documents in the current docket, EPA 

concludes that there is a reasonable 

certainty that no harm will result to the 

general population, and to infants and 

children, from aggregate exposure to 

flutriafol residues. 

V. Other Considerations 

A. Analytical Enforcement Methodology 

An adequate enforcement 

methodology (gas chromatography/ 

Nitrogen/Phosphorus detector (NPD) for 

tolerances and method ICIA AM00306 

for ruminant liver) is available to 

enforce the tolerance expression. The 

method may be requested from: Chief, 

Analytical Chemistry Branch, 

Environmental Science Center, 701 

Mapes Rd., Ft. Meade, MD 20755–5350; 


srobinson on DSK4SPTVN1PROD with RULES
Federal Register / Vol. 77, No. 158 / Wednesday, August 15, 2012 / Rules and Regulations 48901 

telephone number: (410) 305–2905; 

email address: residuemethods@epa.

gov. 

B. 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, Canada, and Mexico have 

not established MRLs for flutriafol in or 

on cotton commodities. 

VI. Conclusion 

Therefore, time-limited tolerances are 

established for residues of flutriafol, 

[(±)-a-(2-fluorophenyl)-a-(4- 

fluorophenyl)-1 H -1,2,4-triazole-1- 

ethanol], including its metabolites and 

degradates, in or on cotton, undelinted 

seed at 0.35 ppm; cotton, meal at 0.5 

ppm; cotton, refined oil at 0.5 ppm; and 

cotton, gin byproducts at 0.5 ppm. 

These tolerances expire on December 

31, 2014. 

VII. Statutory and Executive Order 

Reviews 

This final rule establishes tolerances 

under FFDCA sections 408(e) and 

408(l)(6). 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 in accordance with 

FFDCA sections 408(e) and 408(l)(6), 

such as the tolerances 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) (Pub. L. 104–4). 

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). 

VIII. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report to each House of 

the Congress and to the Comptroller 

General of the United States. 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 this final rule in the 

Federal Register. This final rule 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: August 3, 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. Section 180.629 is amended by 

revising paragraph (b) to read as follows: 

§ 180.629 Flutriafol; tolerances for 

residues. 

* * * * * 

(b) Section 18 emergency exemptions. 

Time-limited tolerances specified in the 

following table are established for 

residues of flutriafol, [(±)-a-(2- 

fluorophenyl)-a-(4-fluorophenyl)-1 H 

-1,2,4-triazole-1-ethanol], including its 

metabolites and degradates in or on the 

specified agricultural commodities, 

resulting from use of the pesticide 

pursuant to FIFRA section 18 

emergency exemptions. The tolerances 

expire on the date specified in the table. 

Commodity Parts per million Expiration date 

Cotton, gin byproducts ........................................................................................................................................... 0 .5 12/31/14 

Cotton, meal .......................................................................................................................................................... 0 .5 12/31/14 

Cotton, refined oil .................................................................................................................................................. 0 .5 12/31/14 

Cotton, undelinted seed ......................................................................................................................................... 0 .35 12/31/14 


srobinson on DSK4SPTVN1PROD with RULES
48902 Federal Register / Vol. 77, No. 158 / Wednesday, August 15, 2012 / Rules and Regulations 

* * * * * 

[FR Doc. 2012–19987 Filed 8–14–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2011–0657; FRL–9356–9] 

S-Metolachlor; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

tolerances for residues of S-metolachlor 

in or on beet, garden, leaves, cilantro, 

leaves and coriander, seed. Interregional 

Research Project Number 4 requested 

these tolerances under the Federal Food, 

Drug, and Cosmetic Act (FFDCA). 

DATES: This regulation is effective 

August 15, 2012. Objections and 

requests for hearings must be received 

on or before October 15, 2012, 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–2011–0657, is 

available at http://www.regulations.gov 

or at the OPP Docket in the 

Environmental Protection Agency 

Docket Center (EPA/DC), located in EPA 

West, 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: 

Sidney Jackson, Registration Division 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001; telephone number: 

(703) 305–7610; email address: 

jackson.sidney@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 those engaged in the 

following activities: 

• 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 to provide 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. 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. 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://ecfr.gpoaccess.gov/cgi/t/

text/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, 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–2011–0657 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 October 15, 2012. 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 that does not 

contain any 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 a copy of 

your non-CBI objection or hearing 

request, identified by docket ID number 

EPA–HQ–OPP–2011–0657, 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 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. 

• Mail: OPP Docket, Environmental 

Protection Agency Docket Center (EPA/ 

DC), Mail Code: 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. Summary of Petitioned-For 

Tolerance 

In the Federal Register of September 

7, 2011 (76 FR 55329) (FRL–8886–7), 

EPA issued a notice pursuant to FFDCA 

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

announcing the filing of a pesticide 

petition (PP 1E7898) by Interregional 

Research Project Number 4, 500 College 

Road East, Suite 201W, Princeton, NJ 

08540. The petition requested that 40 

CFR 180.368 be amended by 

establishing tolerances for residues of 

the herbicide S-metolachlor, S-2-chloroN-(2-ethyl-6-methylphenyl)-N-(2- 

methoxy-1-methylethyl)acetamide, its 

R-enantiomer, and its metabolites, 

determined as the derivatives, 2-[2- 

ethyl-6-methylphenyl)amino]-1- 

propanol and 4-[2-ethyl-6- 

methylphenyl)-2-hydroxy-5-methyl-3- 

morpholinone, in or on cilantro, leaves, 

fresh at 8.0 parts per million (ppm) 

cilantro, leaves, dried at 8.0 ppm, 

coriander, seed at 0.13 ppm and beet, 

garden, leaves at 1.8 ppm. That notice 

referenced a summary of the petition 

prepared by Syngenta Crop Protection, 

the registrant, which is available in the 

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

EPA received one comment to the 

Notice of Filing. That comment is 

addressed in Unit IV.C. 

Based upon review of the data 

supporting the petition, EPA corrected 

the crop definition for ‘‘cilantro’’ to 

‘‘coriander’’ and removed proposed 

tolerances for fresh and dried cilantro 

leaves. The reasons for these changes 

are explained in Unit IV.D. 

III. Aggregate Risk Assessment and 

Determination of Safety 

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

allows EPA to establish a tolerance (the 


srobinson on DSK4SPTVN1PROD with RULES