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Novaluron; Pesticide Tolerances Register Federal Register / Vol. 78, No. 128 / Wednesday, July 3, 2013 / Rules and Regulations 40027 as described under Title II of the Parts per DC 20460–0001; telephone number: Unfunded Mandates Reform Act of 1995 Commodity million (703) 305–5967; email address: (UMRA) (2 U.S.C. 1501 et seq.). [email protected]. This action does not involve any SUPPLEMENTARY INFORMATION: technical standards that would require ***** Agency consideration of voluntary Pepper .................................. 1.0 I. General Information consensus standards pursuant to section ***** A. Does this action apply to me? 12(d) of the National Technology Transfer and Advancement Act of 1995 You may be potentially affected by * * * * * this action if you are an agricultural (NTTAA) (15 U.S.C. 272 note). [FR Doc. 2013–15867 Filed 7–2–13; 8:45 am] producer, food manufacturer, or VII. Congressional Review Act BILLING CODE 6560–50–P pesticide manufacturer. The following Pursuant to the Congressional Review list of North American Industrial Act (5 U.S.C. 801 et seq.), EPA will ENVIRONMENTAL PROTECTION Classification System (NAICS) codes is submit a report containing this rule and AGENCY not intended to be exhaustive, but rather other required information to the U.S. provides a guide to help readers Senate, the U.S. House of 40 CFR Part 180 determine whether this document Representatives, and the Comptroller applies to them. Potentially affected General of the United States prior to [EPA–HQ–OPP–2012–0291; FRL–9389–7] entities may include: • Crop production (NAICS code 111). publication of the rule in the Federal Novaluron; Pesticide Tolerances Register. This action is not a ‘‘major • Animal production (NAICS code rule’’ as defined by 5 U.S.C. 804(2). AGENCY: Environmental Protection 112). Agency (EPA). • Food manufacturing (NAICS code List of Subjects in 40 CFR Part 180 ACTION: Final rule. 311). Environmental protection, • Pesticide manufacturing (NAICS Administrative practice and procedure, SUMMARY: This regulation establishes code 32532). Agricultural commodities, Pesticides tolerances for residues of novaluron in B. How can I get electronic access to and pests, Reporting and recordkeeping or on peanut and soybean, seed. other related information? requirements. Makhteshim-Agan of North America Dated: June 21, 2013. requested these tolerances under the You may access a frequently updated electronic version of EPA’s tolerance Lois Rossi, Federal Food, Drug, and Cosmetic Act (FFDCA). This regulation additionally regulations at 40 CFR part 180 through Director, Registration Division, Office of the Government Printing Office’s e-CFR Pesticide Programs. deletes the time-limited tolerance for strawberry, as that tolerance expired on site at http://www.ecfr.gov/cgi-bin/text- Therefore, 40 CFR chapter I is December 31, 2011. idx?&c=ecfr&tpl=/ecfrbrowse/Title40/ _ amended as follows: DATES: This regulation is effective July 40tab 02.tpl. PART 180—[AMENDED] 3, 2013. Objections and requests for C. How can I file an objection or hearing hearings must be received on or before request? ■ 1. The authority citation for part 180 September 3, 2013, and must be filed in Under FFDCA section 408(g), 21 continues to read as follows: accordance with the instructions provided in 40 CFR part 178 (see also U.S.C. 346a, any person may file an Authority: 21 U.S.C. 321(q), 346a and 371. objection to any aspect of this regulation Unit I.C. of the SUPPLEMENTARY and may also request a hearing on those ■ 2. In § 180.480 revise paragraph (a) INFORMATION). introductory text and revise the entry objections. You must file your objection ADDRESSES: The docket for this action, or request a hearing on this regulation ‘‘Pepper’’ in the table in paragraph (a) to identified by docket identification (ID) read as follows: in accordance with the instructions number EPA–HQ–OPP–2012–0291, is provided in 40 CFR part 178. To ensure § 180.480 Fenbuconazole; tolerances for available at http://www.regulations.gov proper receipt by EPA, you must residues. or at the Office of Pesticide Programs identify docket ID number EPA–HQ– (a) Tolerances are established for Regulatory Public Docket (OPP Docket) OPP–2012–0291 in the subject line on residues of the fungicide fenbuconazole, in the Environmental Protection Agency the first page of your submission. All including its metabolites and Docket Center (EPA/DC), EPA West objections and requests for a hearing degradates, in or on the commodities in Bldg., Rm. 3334, 1301 Constitution Ave. must be in writing, and must be the table below. Compliance with the NW., Washington, DC 20460–0001. The received by the Hearing Clerk on or tolerance levels specified below is to be Public Reading Room is open from 8:30 before September 3, 2013. Addresses for determined by measuring only the sum a.m. to 4:30 p.m., Monday through mail and hand delivery of objections of fenbuconazole, alpha-[2-(4- Friday, excluding legal holidays. The and hearing requests are provided in 40 chlorophenyl)-ethyl]-alpha-phenyl-3- telephone number for the Public CFR 178.25(b). (1H-1,2,4-triazole)-1-propanenitrile, and Reading Room is (202) 566–1744, and In addition to filing an objection or its metabolites RH-9129, cis-5-(4- the telephone number for the OPP hearing request with the Hearing Clerk chlorophenyl)-dihydro-3-phenyl-3-(1H- Docket is (703) 305–5805. Please review as described in 40 CFR part 178, please 1,2,4-triazole-1-ylmethyl)-2-3 H- the visitor instructions and additional submit a copy of the filing (excluding furanone, and RH-9130, trans-5-(4- information about the docket available any Confidential Business Information chlorophenyl)-dihydro-3-phenyl-3-(1H- at http://www.epa.gov/dockets. (CBI)) for inclusion in the public docket. 1,2,4-triazole-1-ylmethyl)-2-3 H- FOR FURTHER INFORMATION CONTACT: Information not marked confidential furanone, calculated as the Jennifer Gaines, Registration Division pursuant to 40 CFR part 2 may be stoichiometric equivalent of (7505P), Office of Pesticide Programs, disclosed publicly by EPA without prior fenbuconazole, in or on the following Environmental Protection Agency, 1200 notice. Submit the non-CBI copy of your agricultural commodities. Pennsylvania Ave. NW., Washington, objection or hearing request, identified VerDate Mar<15>2010 15:18 Jul 02, 2013 Jkt 229001 PO 00000 Frm 00071 Fmt 4700 Sfmt 4700 E:\FR\FM\03JYR1.SGM 03JYR1 WREIER-AVILES on DSK5TPTVN1PROD with RULES 40028 Federal Register / Vol. 78, No. 128 / Wednesday, July 3, 2013 / Rules and Regulations by docket ID number EPA–HQ–OPP– other exposures for which there is consistent with the primary effects in 2012–0291, by one of the following reliable information.’’ This includes the database. methods: exposure through drinking water and in Signs of neurotoxicity (piloerection, • Federal eRulemaking Portal: http:// residential settings, but does not include irregular breathing), changes in www.regulations.gov. Follow the online occupational exposure. Section functional observational batter instructions for submitting comments. 408(b)(2)(C) of FFDCA requires EPA to parameters (increased head swaying, Do not submit electronically any give special consideration to exposure abnormal gait), and neuropathology information you consider to be CBI or of infants and children to the pesticide (sciatic and tibial nerve degeneration) other information whose disclosure is chemical residue in establishing a were seen in the rat acute neurotoxicity restricted by statute. tolerance and to ‘‘ensure that there is a study at the limit dose. However, no • Mail: OPP Docket, Environmental reasonable certainty that no harm will signs of neurotoxicity or neuropathology Protection Agency Docket Center (EPA/ result to infants and children from were observed in the subchronic DC), (28221T), 1200 Pennsylvania Ave. aggregate exposure to the pesticide neurotoxicity study in rats at similar NW., Washington, DC 20460–0001. chemical residue . .’’ doses or in any other subchronic or • Hand Delivery: To make special Consistent with FFDCA section chronic toxicity study in rats, mice, or arrangements for hand delivery or 408(b)(2)(D), and the factors specified in dogs. Therefore, there is no concern for delivery of boxed information, please FFDCA section 408(b)(2)(D), EPA has neurotoxicity resulting from exposure to follow the instructions at http:// reviewed the available scientific data novaluron. www.epa.gov/dockets/contacts.htm. and other relevant information in There was no evidence of Additional instructions on commenting support of this action. EPA has carcinogenic potential in either the rat or visiting the docket, along with more sufficient data to assess the hazards of or mouse carcinogenicity studies. There information about dockets generally, is and to make a determination on was no concern for genotoxicity or available at http://www.epa.gov/ aggregate exposure for novaluron mutagenicity. Therefore novaluron was classified as ‘‘not likely to be dockets. including exposure resulting from the carcinogenic to humans.’’ tolerances established by this action. II. Summary of Petitioned-for Tolerance Specific information on the studies In the Federal Register of July 25, EPA’s assessment of exposures and risks received and the nature of the adverse 2012 (77 FR 43562) (FRL–9353–6), EPA associated with novaluron follows. effects caused by novaluron as well as issued a document pursuant to FFDCA A. Toxicological Profile the no-observed-adverse-effect-level section 408(d)(3), 21 U.S.C. 346a(d)(3), (NOAEL) and the lowest-observed- announcing the filing of a pesticide EPA has evaluated the available adverse-effect-level (LOAEL) from the petition (PP 2F7999) by Makhteshim- toxicity data and considered its validity, toxicity studies can be found at http:// Agan of North America, 3120 completeness, and reliability as well as www.regulations.gov in document Highwoods Blvd., Suite 100, Raleigh, the relationship of the results of the Novaluron: Human-Health Risk NC 27604. The petition requested that studies to human risk.
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