Federal Register / Vol. 79, No. 68 / Wednesday, April 9, 2014 / Rules and Regulations 19485 

establishment of a safety zone on the 

navigable waters of Lake Havasu. This 

rule is categorically excluded from 

further review under paragraph 34(g) of 

Figure 2–1 of the Commandant 

Instruction. An environmental analysis 

checklist supporting this determination 

and a Categorical Exclusion 

Determination are available in the 

docket where indicated under 

ADDRESSES. We seek any comments or 

information that may lead to the 

discovery of a significant environmental 

impact from this rule. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1231; 46 U.S.C. 

Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 

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

Pub. L. 107–295, 116 Stat. 2064; Department 

of Homeland Security Delegation No. 0170.1. 

■ 2. Add § 165.T11–631 to read as 

follows: 

§ 165.T11–631 Safety zone; Lake Havasu 

Gran Prix, Lake Havasu, AZ 

(a) Location. The limits of the safety 

zone will include a portion of Lake 

Havasu with an eastern zone line from 

Algoma Pier Head Lighthouse southeast 

to the point just west of Grass Island, 

illustrated by the following coordinates: 

34°26′51′′ N, 114°20′41′′ W; 34°27′17′′ N, 

114°20′51′′ W. The western zone line is 

from Split Rock Lighthouse southwest 

to the closest peninsula on the 

California side illustrated by the 

following coordinates: 34°27′18′′ N, 

114°22′34′′ W; 34°26′55′′ N, 114°22′59′′ 

W. 

(b) Enforcement Period. This rule is 

effective directly after the conclusion of 

the Desert Storm Shootout from 1:00 

p.m. to 4:00 p.m. on April 26, 2014. 

(c) Definitions. The following 

definition applies to this section: 

designated representative means any 

commissioned, warrant, or petty officer 

of the Coast Guard on board Coast 

Guard, Coast Guard Auxiliary, or local, 

state, and federal law enforcement 

vessels who have been authorized to act 

on the behalf of the Captain of the Port. 

(d) Regulations. (1) Entry into, transit 

through or anchoring within this safety 

zone is prohibited unless authorized by 

the Captain of the Port of San Diego or 

his designated representative. 

(2) Mariners requesting permission to 

transit through the safety zone may 

initiate request authorization to do so 

from the event sponsor who may be 

contacted on VHF–FM Channel 16. 

(3) All persons and vessels shall 

comply with the instructions of the 

Coast Guard Captain of the Port or his 

designated representative. 

(4) Upon being hailed by U.S. Coast 

Guard or designated patrol personnel by 

siren, radio, flashing light or other 

means, the operator of a vessel shall 

proceed as directed. 

(5) The Coast Guard may be assisted 

by other federal, state, or local agencies. 

Dated: March 26 2014. 

S.M. Mahoney, 

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

Port San Diego. 

[FR Doc. 2014–07922 Filed 4–8–14; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2010–0957; FRL–9907–82] 

Imazapyr; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

tolerances for residues of imazapyr in or 

on soybean, meal at 4.5 ppm; and 

soybean, seed at 4.0 ppm. BASF 

Corporation requested these tolerances 

under the Federal Food, Drug, and 

Cosmetic Act (FFDCA). 

DATES: This regulation is effective April 

9, 2014. Objections and requests for 

hearings must be received on or before 

June 9, 2014, 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–2010–0957, 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. 

FOR FURTHER INFORMATION CONTACT: Lois 

Rossi, Registration Division (7505P), 

Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001; telephone number: 

(703) 305–7090; email address: 

RDFRNotices@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. The following 

list of North American Industrial 

Classification System (NAICS) codes is 

not intended to be exhaustive, but rather 

provides a guide to help readers 

determine whether this document 

applies to them. Potentially affected 

entities may include: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

B. How can I get electronic access to 

other related information? 

You may access a frequently updated 

electronic version of EPA’s tolerance 

regulations at 40 CFR Part 180 through 

the Government Printing Office’s e-CFR 

site at http://www.ecfr.gov/cgi-bin/textidx?&c=ecfr&tpl=/ecfrbrowse/Title40/

40tab_02.tpl. 

C. How can I file an objection or hearing 

request? 

Under FFDCA section 408(g), 21 

U.S.C. 346a, any person may file an 

objection to any aspect of this regulation 

and may also request a hearing on those 

objections. You must file your objection 

or request a hearing on this regulation 

in accordance with the instructions 

provided in 40 CFR Part 178. To ensure 

proper receipt by EPA, you must 

identify docket ID number EPA–HQ– 

OPP–2010–0957 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 June 9, 2014. Addresses for mail 

and hand delivery of objections and 

hearing requests are provided in 40 CFR 

178.25(b). 

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19486 Federal Register / Vol. 79, No. 68 / Wednesday, April 9, 2014 / Rules and Regulations 

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– 

2010–0957, by one of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Do not submit electronically any 

information you consider to be CBI or 

other information whose disclosure is 

restricted by statute. 

• Mail: OPP Docket, Environmental 

Protection Agency Docket Center (EPA/ 

DC), (28221T), 1200 Pennsylvania Ave. 

NW., Washington, DC 20460–0001. 

• Hand Delivery: To make special 

arrangements for hand delivery or 

delivery of boxed information, please 

follow the instructions at http://

www.epa.gov/dockets/contacts.html. 

Additional instructions on 

commenting or visiting the docket, 

along with more information about 

dockets generally, is available at 

http://www.epa.gov/dockets. 

II. Summary of Petitioned-For 

Tolerance 

In the Federal Register of February 4, 

2011 (76 FR 6465) (FRL–8858–7), EPA 

issued a document pursuant to FFDCA 

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

announcing the filing of a pesticide 

petition (PP 0E7793) by BASF 

Corporation, 26 Davis Drive, Research 

Triangle Park, NC 27709. The petition 

requested that 40 CFR 180.500 be 

amended by establishing tolerances for 

residues of the herbicide, imazapyr, 

[2-[4,5-dihydro-4-methyl-4-(1- 

methylethyl)-5-oxo-1H-imidazol-2-yl]-3- 

pyridinecarboxylic acid], in or on 

soybean, meal at 4.5 ppm; and soybean, 

seed at 4.0 ppm. That document 

referenced a summary of the petition 

prepared by BASF Corporation, the 

registrant, which is available in the 

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

There were no comments received in 

response to the notice of filing. 

III. Aggregate Risk Assessment and 

Determination of Safety 

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

allows EPA to establish a tolerance (the 

legal limit for a pesticide chemical 

residue in or on a food) only if EPA 

determines that the tolerance is ‘‘safe.’’ 

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

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

reasonable certainty that no harm will 

result from aggregate exposure to the 

pesticide chemical residue, including 

all anticipated dietary exposures and all 

other exposures for which there is 

reliable information.’’ This includes 

exposure through drinking water and in 

residential settings, but does not include 

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. . . .’’ 

Consistent with FFDCA section 

408(b)(2)(D), and 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 for imazapyr 

including exposure resulting from the 

tolerances established by this action. 

EPA’s assessment of exposures and risks 

associated with imazapyr follows. 

In 2003, EPA quantitatively assessed 

the risk of imazapyr tolerances in 

connection with the final rule published 

in the Federal Register of September 26, 

2003 (68 FR 55475) (FRL–7321–4) 

establishing tolerances for imazapyr in 

or on grass, forage; grass, hay; fish; 

shellfish; fats of cattle, sheep, goats, and 

horses; kidney of cattle, sheep, goats, 

and horses; meat byproducts (except 

kidney) of cattle, sheep, goats, and 

horses; meat of cattle, sheep, goats, and 

horses; and milk. At that time, EPA 

determined that the aggregate risks from 

exposure to imazapyr were minimal. In 

reviewing the current tolerance petition, 

EPA determined that the toxicity 

database for imazapyr is complete and 

no additional studies are needed. EPA 

also determined that the toxicity data 

identified no hazard from imazapyr 

regardless of the route of exposure or 

the species tested. In the absence of 

evidence of neurotoxicity, 

immunotoxicity, genotoxicity, 

carcinogenicity, or other acute or 

chronic toxicity in conjunction with no 

adverse developmental or reproductive 

effects, the Agency concluded that a 

quantitative risk assessment for 

imazapyr was no longer needed and that 

EPA could determine based on a 

qualitative assessment of the imazapyr 

database that the proposed import 

tolerances are safe. This conclusion is 

supported by the findings in the last risk 

assessment, which were based on 

conservative (protective) toxicity 

endpoints showing only negligible 

aggregate exposures and risks identified 

from dietary, residential, and swimming 

and occupational routes. As indicated in 

this unit, EPA has determined that this 

prior quantitative assessment overstated 

risk because the current toxicology 

database shows no evidence of adverse 

effects from exposure to imazapyr. 

Because EPA is not quantitatively 

assessing the risk of imazapyr based on 

a reliance on the use of safety factors, 

EPA has not retained the additional 

safety factor described in FFDCA 

section 408(b)(2)(C) for the protection of 

infants and children. 

Therefore, based on EPA’s qualitative 

assessment of the imazapyr risk and the 

prior quantitative risk assessment 

discussed in the final rule published in 

the Federal Register of September 26, 

2003, EPA concludes that there is a 

reasonable certainty that no harm will 

result to the general population, or to 

infants and children from aggregate 

exposure to imazapyr and its 

metabolites or degradates. 

IV. Other Considerations 

A. Analytical Enforcement Methodology 

Adequate enforcement methodology 

(liquid chromatography with tandem 

mass spectrometric detection (LC/MS/

MS) 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; 

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. 

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Federal Register / Vol. 79, No. 68 / Wednesday, April 9, 2014 / Rules and Regulations 19487 

The Codex has not established MRLs 

for imazapyr on soybean. 

V. Conclusion 

Therefore, tolerances are established 

for residues of imazapyr, [2-[4,5- 

dihydro-4-methyl-4-(1-methylethyl)-5- 

oxo-1H-imidazol-2-yl]-3- 

pyridinecarboxylic acid], in or on 

soybean, meal at 4.5 ppm; and soybean, 

seed at 4.0 ppm. 

VI. Statutory and Executive Order 

Reviews 

This final rule establishes tolerances 

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). 

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: March 27, 2014. 

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 § 180.500, revise the introductory 

text of paragraph (a) and add 

alphabetically the following 

commodities to the table in paragraph 

(a) to read as follows: 

§ 180.500 Imazapyr; tolerances for 

residues. 

(a) General. Tolerances are 

established for residues of the herbicide, 

imazapyr, including its metabolites and 

degradates, in or on the commodities in 

the following table. Compliance with 

the tolerance levels specified in the 

following table is to be determined by 

measuring only the residues of imazapyr 

[2-[4,5-dihydro-4-methyl-4-(1- 

methylethyl)-5-oxo-1H-imidazol-2-yl]-3- 

pyridinecarboxylic acid]. 

Commodity Parts per million 

* * * * * 

Soybean, meal 1 .............. 4.5 

Soybean, seed 1 .............. 4.0 

*****

1There are no U.S. registrations. 

* * * * * 

[FR Doc. 2014–07694 Filed 4–8–14; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 300 

[Docket No. 130717632–4285–02] 

RIN 0648–BD52 

International Fisheries; Pacific Tuna 

Fisheries; Fishing Restrictions in the 

Eastern Pacific Ocean 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS is issuing regulations 

under the Tuna Conventions Act of 

1950, as amended, to implement 

decisions of the Inter-American Tropical 

Tuna Commission (IATTC). At its 

eighty-fifth meeting in June 2013, the 

IATTC adopted a number of resolutions, 

some of which require rulemaking to 

implement domestic regulations in the 

United States. This final rule 

implements one of these decisions: the 

Resolution on a Multiannual Program 

for the Conservation of Tuna in the 

Eastern Pacific Ocean during 2014–2016 

(Resolution C–13–01). This final rule 

extends the effective period of the 

regulations in the IATTC Convention 

Area that expired at the end of 2013 and 

provides purse seine owners with 

greater flexibility by allowing for an 

exemption during the closure periods 

due to force majeure. The expired 

regulations included a 500-metric ton 

bigeye tuna (Thunnus obesus) calendar 

year catch limit applicable to longline 

vessels greater than 24 meters in overall 

length and a 62-day closure period 

applicable each year to purse seine 

vessels of class size 4 to 6 (greater than 

182 metric tons). The final rule also 

mstockstill on DSK4VPTVN1PROD with RULES