Federal Register/Vol. 81, No. 105/Wednesday, June 1, 2016

34902 Federal Register / Vol. 81, No. 105 / Wednesday, June 1, 2016 / Rules and Regulations

(b) Section 18 emergency exemptions. holidays. The telephone number for the and hearing requests are provided in 40 [Reserved] Public Reading Room is (202) 566–1744, CFR 178.25(b). (c) Tolerances with regional and the telephone number for the OPP In addition to filing an objection or registrations. [Reserved] Docket is (703) 305–5805. Please review hearing request with the Hearing Clerk (d) Indirect or inadvertant residues. the visitor instructions and additional as described in 40 CFR part 178, please [Reserved] information about the docket available submit a copy of the filing (excluding [FR Doc. 2016–12722 Filed 5–31–16; 8:45 am] at http://www.epa.gov/dockets. any Confidential Business Information BILLING CODE 6560–50–P FOR FURTHER INFORMATION CONTACT: (CBI)) for inclusion in the public docket. Joseph Nevola, Pesticide Re-Evaluation Information not marked confidential Division (7508P), Office of Pesticide pursuant to 40 CFR part 2 may be ENVIRONMENTAL PROTECTION disclosed publicly by EPA without prior AGENCY Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., notice. Submit the non-CBI copy of your 40 CFR Part 180 Washington, DC 20460–0001; telephone objection or hearing request, identified number: (703) 308–8037; email address: by docket ID number EPA–HQ–OPP– [EPA–HQ–OPP–2015–0212; FRL–9943–73] [email protected]. 2015–0212, by one of the following SUPPLEMENTARY INFORMATION: methods: Aldicarb, Alternaria destruens, • Federal eRulemaking Portal: http:// Ampelomyces quisqualis, Azinphos- I. General Information www.regulations.gov. Follow the online methyl, Etridiazole, Fenarimol, et al.; A. Does this action apply to me? instructions for submitting comments. Tolerance and Tolerance Exemption Do not submit electronically any Actions You may be potentially affected by information you consider to be CBI or this action if you are an agricultural AGENCY: Environmental Protection other information whose disclosure is Agency (EPA). producer, food manufacturer, or restricted by statute. pesticide manufacturer. The following • ACTION: Final rule. Mail: OPP Docket, Environmental list of North American Industrial Protection Agency Docket Center (EPA/ SUMMARY: EPA is revoking certain Classification System (NAICS) codes is DC), (28221T), 1200 Pennsylvania Ave. tolerances in follow-up to canceled not intended to be exhaustive, but rather NW., Washington, DC 20460–0001. product registrations or uses for provides a guide to help readers • Hand Delivery: To make special acephate, aldicarb, azinphos-methyl, determine whether this document arrangements for hand delivery or etridiazole, fenarimol, imazamethabenz- applies to them. Potentially affected delivery of boxed information, please methyl, tepraloxydim, thiazopyr, and entities may include: follow the instructions at http:// • tralkoxydim, and is revoking tolerance Crop production (NAICS code 111). www.epa.gov/dockets/contacts.html. • exemptions for certain pesticide active Animal production (NAICS code Additional instructions on commenting ingredients. However, EPA will not 112). • or visiting the docket, along with more revoke the thiacloprid tolerances at this Food manufacturing (NAICS code information about dockets generally, is time that had been previously proposed 311). • available at http://www.epa.gov/ for revocation. Also, EPA is making Pesticide manufacturing (NAICS dockets. minor revisions to the section heading code 32532). II. Background and introductory text for Pythium B. How can I get electronic access to oligandrum DV 74. In addition, in other related information? A. What action is the Agency taking? accordance with current Agency In the Federal Register of July 22, practice, EPA is making revisions to the You may access a frequently updated 2015 (80 FR 43373) (FRL–9929–12), tolerance expression for electronic version of 40 CFR part 180 EPA issued a proposed rule to revoke imazamethabenz-methyl, and removing through the Government Printing certain tolerances for acephate, aldicarb, expired tolerances and tolerance Office’s e-CFR site at http:// azinphos-methyl, etridiazole, fenarimol, exemptions for certain pesticide active www.ecfr.gov/cgi-bin/text- imazamethabenz-methyl, tepraloxydim, ingredients. idx?&c=ecfr&tpl=/ecfrbrowse/Title40/ 40tab_02.tpl. thiacloprid, thiazopyr, and tralkoxydim, DATES: This regulation is effective and tolerance exemptions for certain November 28, 2016. Objections and C. How can I file an objection or hearing pesticide active ingredients, in follow- requests for hearings must be received request? up to canceled product registrations or on or before August 1, 2016, and must Under the Federal Food, Drug, and uses. Also, EPA proposed to make be filed in accordance with the Cosmetic Act (FFDCA) section 408(g), minor revisions to the section heading instructions provided in 40 CFR part 21 U.S.C. 346a(g), any person may file and introductory text for Pythium 178 (see also Unit I.C. of the an objection to any aspect of this oligandrum DV 74. In addition, in SUPPLEMENTARY INFORMATION). regulation and may also request a accordance with current Agency ADDRESSES: The docket for this action, hearing on those objections. You must practice, EPA proposed to make minor identified by docket identification (ID) file your objection or request a hearing revisions to the tolerance expression for number EPA–HQ–OPP–2015–0212, is on this regulation in accordance with imazamethabenz-methyl, and remove available at http://www.regulations.gov the instructions provided in 40 CFR part expired tolerances and tolerance or at the Office of Pesticide Programs 178. To ensure proper receipt by EPA, exemptions for certain pesticide active Regulatory Public Docket (OPP Docket) you must identify docket ID number ingredients. The proposal provided a in the Environmental Protection Agency EPA–HQ–OPP–2015–0212 in the subject 60-day comment period. Docket Center (EPA/DC), West William line on the first page of your Since the proposed rule of July 22, Jefferson Clinton Bldg., Rm. 3334, 1301 submission. All objections and requests 2015, amendments for the last two Constitution Ave. NW., Washington, DC for a hearing must be in writing, and acephate labels with succulent bean use 20460–0001. The Public Reading Room must be received by the Hearing Clerk (revising succulent bean to a non-food is open from 8:30 a.m. to 4:30 p.m., on or before August 1, 2016. Addresses use) were approved by EPA, as Monday through Friday, excluding legal for mail and hand delivery of objections anticipated and discussed in the

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proposed rule. Therefore, EPA is Ag Logic is the sole registrant for in the United States will be exhausted revoking the acephate tolerances in 40 aldicarb. Also, Ag Logic stated it is by February 8, 2017. EPA is noting in CFR 180.108(a)(1) and (a)(3) on bean, reevaluating all current and potential 40 CFR 180.594 that the tolerances for succulent. agricultural uses for aldicarb and if it thiacloprid have no U.S. registrations as In this final rule EPA is revoking decides to apply for registration on of August 6, 2014. Also, retaining these certain tolerances and/or tolerance sorghum it would be extremely tolerances may require submission of exemptions because either they are no beneficial to both Ag Logic and the data to demonstrate their safety. For longer needed or are associated with Agency if the sorghum tolerances example, domestic U.S. residue data food uses that are no longer registered remained in place. may not be representative of growing under the Federal Insecticide, Agency response. The use of aldicarb conditions and use patterns in other Fungicide, and Rodenticide Act (FIFRA) on sorghum was officially canceled in countries. EPA published guidance on in the United States. Those instances 2009 (see details in the proposed rule of pesticide import tolerances and residue where registrations were canceled were July 22, 2015) under section 6(f)(1) of data for imported food in the Federal because the registrant failed to pay the FIFRA, 7 U.S.C. 136(d)(f)(1), under Register notices of April 5, 2006 (71 FR required maintenance fee and/or the which a registrant of a pesticide product 17099) (FRL–7772–1) and June 1, 2000 registrant voluntarily requested may request that the product (65 FR 35069) (FRL–6559–3). cancellation of one or more registered registration be canceled or amended to With the exception of aldicarb and uses of the pesticide active ingredient. terminate one or more uses. Because thiacloprid, the Agency did not receive The tolerances revoked by this final rule EPA canceled the sorghum use in any specific comments in the docket, are no longer necessary to cover response to a registrant’s voluntary during the 60-day comment period, residues of the relevant pesticides in or request, and no other aldicarb products concerning proposed tolerance actions on domestically treated commodities or include a use on sorghum, there is associated with pesticide active commodities treated outside but currently no legal use of aldicarb on ingredients, as described in the Federal imported into the United States. It is sorghum. EPA will not retain the Register of July 22, 2015. Therefore, EPA’s general practice to issue a final tolerance based on the possibility that with the exception of thiacloprid, EPA rule revoking those tolerances and someone may apply for a new use on is finalizing revocations and tolerance exemptions for residues of sorghum in the future. Tolerances are amendments in the proposed rule of pesticide active ingredients on crop uses generally maintained for current uses. In July 22, 2015. For a detailed discussion for which there are no active addition, no comment specific to the of the Agency’s rationale for the registrations under FIFRA, unless any need for retaining tolerances for aldicarb finalized tolerance actions, refer to the person comments on the proposal residues of concern on sorghum for proposed rule of July 22, 2015. import purposes was received by the indicating a need for the tolerance or B. What is the Agency’s authority for Agency during the 60-day comment tolerance exemption to cover residues in taking this action? or on imported commodities or legally period. Therefore, EPA is revoking the treated domestic commodities. tolerances for aldicarb in 40 CFR EPA may issue a regulation EPA has historically been concerned 180.269(a) on sorghum, grain, bran; establishing, modifying, or revoking a that retention of tolerances that are not sorghum, grain, grain; and sorghum, tolerance under FFDCA section 408(e). necessary to cover residues in or on grain, stover. In this final rule, EPA is revoking legally treated foods may encourage 2. Thiacloprid.—Comments by Bayer tolerances and tolerance exemptions as misuse of pesticides within the United CropScience (BCS), BCS in Mexico, follow-up on canceled uses of States. Power Farms Inc., the Ontario Apple pesticides. Generally, EPA will proceed with the Growers (OAG), and the Ontario Fruit C. When do these actions become revocation of these tolerances on the and Vegetable Growers’ Association effective? grounds discussed in Unit II.A. if one of (OFVGA). The commenters requested the following conditions applies: that all the current tolerances for As stated in the DATES section, this 1. Prior to EPA’s issuance of a FFDCA thiacloprid be retained for import regulation is effective November 28, section 408(f) order requesting purposes with the exception of the 2016. EPA is delaying the effective date additional data or issuance of a FFDCA OFVGA, which asked that only the of these finalized actions to allow a section 408(d) or (e) order revoking the specific thiacloprid tolerances on pome reasonable interval for producers in tolerances on other grounds, fruit and wet apple pomace be exporting members of the World Trade commenters retract the comment maintained for import purposes. Also, Organization’s Sanitary and identifying a need for the tolerance to be BCS stated its intention to provide Phytosanitary Measures Agreement to retained. supporting data where necessary for all adapt to the requirements of a final rule. 2. EPA independently verifies that the of the current thiacloprid tolerances. With the exception of fenarimol, tolerance is no longer needed. Agency response. In comments to the imazamethabenz-methyl, and 3. The tolerance is not supported by proposed rule, persons expressed a need thiacloprid, EPA believes that existing data that demonstrate that the tolerance for retention of the thiacloprid stocks of the canceled or amended meets the requirements under the Food tolerances for import purposes. pesticide products labeled for the uses Quality Protection Act (FQPA). Therefore, EPA will not revoke the associated with the revoked tolerances Among the comments received by thiacloprid tolerances in 40 CFR have been completely exhausted and EPA are the following: 180.594 at this time. However, because that treated commodities have had 1. Aldicarb.—Comment by Ag Logic there are no longer any active food-use sufficient time for passage through the Chemical LLC (Ag Logic). The registrations in the United States and no channels of trade. EPA is revoking commenter requested that the aldicarb comments were received by EPA which certain tolerances for fenarimol, tolerances on sorghum be retained for expressed a need for more time to imazamethabenz-methyl, and possible future actions. Ag Logic stated exhaust existing stocks for domestic use, tepraloxydim with expiration/ that another registrant requested the EPA is not changing its previous revocation dates. EPA believes that voluntary cancellation of its aldicarb determination (as stated in the proposed these revocation dates allow users to products for use on sorghum and now rule of July 22, 2015) that existing stocks exhaust stocks and allow sufficient time

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for passage of treated commodities sorghum straw and fodder, dry at 0.5 The Codex has established MRLs for through the channels of trade. mg/kg, which is the same as the U.S. thiacloprid, in or on various Any commodities listed in the tolerance. The sorghum MRL is different commodities, including milks at 0.05 regulatory text of this document that are than the tolerance established for mg/kg; pome fruits at 0.7 mg/kg, and treated with the pesticides subject to aldicarb in the United States. In this stone fruits at 0.5 mg/kg (for U.S. this final rule, and that are in the final rule EPA is revoking the tolerances tolerance on plum subgroup). These channels of trade following the for aldicarb on sorghum, grain, bran; MRLs are different than the tolerances tolerance revocations, shall be subject to sorghum, grain, grain; and sorghum, established for thiacloprid in the United FFDCA section 408(1)(5), as established grain, stover. States because of differences in use by FQPA. Under this unit, any residues The Codex has established MRLs for patterns and/or agricultural practices. of these pesticides in or on such food azinphos-methyl in or on various shall not render the food adulterated so IV. Statutory and Executive Order commodities, including almond hulls Reviews long as it is shown to the satisfaction of and blueberries at 5 mg/kg, cherries, the Food and Drug Administration that: peach, and plums (including prunes) at In this final rule, EPA revokes specific 1. The residue is present as the result 2 mg/kg, and walnuts at 0.3 mg/kg. tolerances established under FFDCA of an application or use of the pesticide These MRLs are the same as the section 408. The Office of Management at a time and in a manner that was tolerances established for azinphos- and Budget (OMB) has exempted this lawful under FIFRA. methyl in the United States. In this final type of action (e.g., a tolerance 2. The residue does not exceed the rule EPA is revoking the tolerances for revocation for which extraordinary level that was authorized at the time of azinphos-methyl on almond, hulls; circumstances do not exist) from review the application or use to be present on blueberry; cherry; peach; plum, prune; under Executive Order 12866, entitled the food under a tolerance or exemption and walnut. ‘‘Regulatory Planning and Review’’ (58 FR 51735, October 4, 1993). Because from tolerance. Evidence to show that The Codex has established MRLs for this rule has been exempted from food was lawfully treated may include azinphos-methyl, in or on various review under Executive Order 12866 records that verify the dates that the commodities, including almonds and due to its lack of significance, this rule pesticide was applied to such food. apple at 0.05 mg/kg (which are covered is not subject to Executive Order 13211, by current U.S. tolerances at a higher III. International Residue Limits entitled ‘‘Actions Concerning level than the MRLs), and pear at 2 mg/ In making its tolerance decisions, EPA Regulations That Significantly Affect kg. These MRLs are different than the seeks to harmonize U.S. tolerances with Energy Supply, Distribution, or Use’’ (66 international standards whenever tolerances established for azinphos- FR 28355, May 22, 2001). This final rule possible, consistent with U.S. food methyl in the United States. In this final does not contain any information safety standards and agricultural rule EPA is revoking the tolerances for collections subject to OMB approval practices. EPA considers the azinphos-methyl on almond; apple; and under the Paperwork Reduction Act international maximum residue limits pear. (PRA) (44 U.S.C. 3501 et seq.), or (MRLs) established by the Codex The Codex has established MRLs for impose any enforceable duty or contain Alimentarius Commission (Codex), as fenarimol in or on various commodities, any unfunded mandate as described required by FFDCA section 408(b)(4). including cattle, liver at 0.05 mg/kg, under Title II of the Unfunded Mandates The Codex Alimentarius is a joint cherries at 1 mg/kg, hops, dry at 5 mg/ Reform Act (UMRA) (2 U.S.C. 1501 et United Nations Food and Agriculture kg, and pecan at 0.02 mg/kg. These seq.). Nor does it require any special Organization/World Health MRLs are the same as the tolerances considerations as required by Executive Organization food standards program, established for fenarimol in the United Order 12898, entitled ‘‘Federal Actions and it is recognized as an international States. In this final rule EPA is revoking to Address Environmental Justice in food safety standards-setting the tolerances for fenarimol residues in Minority Populations and Low-Income organization in trade agreements to or on cattle, meat byproducts, except Populations’’ (59 FR 7629, February 16, which the United States is a party. EPA kidney; cherry, sweet; cherry, tart; hop, 1994); or OMB review or any other may establish a tolerance that is dried cones; and pecan; each with an Agency action under Executive Order different from a Codex MRL; however, expiration/revocation date. 13045, entitled ‘‘Protection of Children FFDCA section 408(b)(4) requires that The Codex has established MRLs for from Environmental Health Risks and EPA explain the reasons for departing fenarimol, in or on various Safety Risks’’ (62 FR 19885, April 23, from the Codex level. commodities, including cattle kidney 1997). This action does not involve any The Codex has not established a MRL and cattle meat at 0.02 mg/kg; and technical standards that would require for etridiazole, imazamethabenz-methyl, grapes at 0.3 mg/kg. These MRLs are Agency consideration of voluntary tepraloxydim, thiazopyr, and different than the tolerances established consensus standards pursuant to section tralkoxydim. for fenarimol in the United States. In 12(d) of the National Technology The Codex has established MRLs for this final rule EPA is revoking the Transfer and Advancement Act acephate, in or on various commodities, tolerances for fenarimol residues in or (NTTAA) (15 U.S.C. 272 note). Pursuant including beans, except broad bean and on cattle, kidney; cattle, meat; and to the Regulatory Flexibility Act (RFA) soya bean at 5 milligrams/kilogram (mg/ grape; each with an expiration/ (5 U.S.C. 601 et seq.), the Agency kg). The beans, except broad bean and revocation date. previously assessed whether revocations soya bean MRL is different than the The Codex has established MRLs for of tolerances might significantly impact tolerance established for acephate on thiacloprid in or on various a substantial number of small entities succulent bean in the United States, commodities, including cotton seed at and concluded that, as a general matter, which EPA is revoking in this final rule. 0.02 mg/kg, peppers, sweet at 1 mg/kg, these actions do not impose a significant The Codex has established MRLs for and stone fruits at 0.5 mg/kg (for U.S. economic impact on a substantial aldicarb, in or on various commodities, tolerances on cherry subgroup and number of small entities. This analysis including sorghum at 0.1 mg/kg, which peach subgroup). These MRLs are the was published in the Federal Register of is covered by a current U.S. tolerance at same as the tolerances established for December 17, 1997 (62 FR 66020) (FRL– a higher level than the MRL, and thiacloprid in the United States. 5753–1), and was provided to the Chief

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Counsel for Advocacy of the Small alter the relationships or distribution of and pests, Reporting and recordkeeping Business Administration. Taking into power and responsibilities established requirements. account this analysis and available by Congress in the preemption Dated: May 11, 2016. provisions of FFDCA section 408(n)(4). information concerning the pesticides Jack E. Housenger, listed in this rule, the Agency hereby For these same reasons, the Agency has Director, Office of Pesticide Programs. certifies that this final rule will not have determined that this rule does not have a significant economic impact on a any ‘‘tribal implications’’ as described Therefore, 40 CFR chapter I is amended as follows: substantial number of small entities. In in Executive Order 13175, entitled ‘‘Consultation and Coordination with a memorandum dated May 25, 2001, PART 180—[AMENDED] EPA determined that eight conditions Indian Tribal Governments’’ (65 FR must all be satisfied in order for an 67249, November 9, 2000). Executive ■ 1. The authority citation for part 180 import tolerance or tolerance exemption Order 13175, requires EPA to develop continues to read as follows: an accountable process to ensure revocation to adversely affect a Authority: 21 U.S.C. 321(q), 346a and 371. significant number of small entity ‘‘meaningful and timely input by tribal importers, and that there is a negligible officials in the development of § 180.108 [Amended] regulatory policies that have tribal joint probability of all eight conditions ■ 2. In § 180.108, remove the entries for holding simultaneously with respect to implications.’’ ‘‘Policies that have tribal implications’’ is defined in the ‘‘Bean, succulent’’ from the tables in any particular revocation. (This Agency paragraphs (a)(1) and (3). document is available in the docket of Executive order to include regulations the proposed rule.) Furthermore, for the that have ‘‘substantial direct effects on §§ 180.121, 180.154, 180.232, 180.257, and pesticides named in this final rule, the one or more Indian tribes, on the 180.263 [Removed] relationship between the Federal Agency knows of no extraordinary ■ Government and the Indian tribes, or on 3. Remove §§ 180.121, 180.154, circumstances that exist as to the 180.232, 180.257, and 180.263. present revocations that would change the distribution of power and EPA’s previous analysis. In addition, the responsibilities between the Federal § 180.269 [Amended] Government and Indian tribes.’’ This Agency has determined that this action ■ rule will not have substantial direct 4. In § 180.269, remove the entries for will not have a substantial direct effect ‘‘Sorghum, grain, bran,’’ ‘‘Sorghum, on States, on the relationship between effects on tribal governments, on the relationship between the Federal grain, grain,’’ and ‘‘Sorghum, grain, the national government and the States, stover,’’ from the table in paragraph (a). or on the distribution of power and Government and Indian tribes, or on the distribution of power and responsibilities among the various §§ 180.311 and 180.315 [Removed] responsibilities between the Federal levels of government, as specified in ■ Government and Indian tribes, as 5. Remove §§ 180.311 and 180.315. Executive Order 13132, entitled specified in Executive Order 13175. ■ 6. In § 180.370, revise the table in ‘‘Federalism’’ (64 FR 43255, August 10, Thus, Executive Order 13175 does not paragraph (a) to read as follows: 1999). Executive Order 13132 requires apply to this action. EPA to develop an accountable process § 180.370 5-Ethoxy-3-(trichloromethyl)- to ensure ‘‘meaningful and timely input V. Congressional Review Act 1,2,4-thiadiazole; tolerances for residues. by State and local officials in the Pursuant to the Congressional Review (a) * * * development of regulatory policies that Act (5 U.S.C. 801 et seq.), EPA will have federalism implications.’’ ‘‘Policies Parts per submit a report containing this rule and Commodity million that have federalism implications’’ is other required information to the U.S. defined in the Executive order to Senate, the U.S. House of Cotton, gin byproducts ...... 0.1 include regulations that have Representatives, and the Comptroller Cotton, undelinted seed ...... 0.1 ‘‘substantial direct effects on the States, General of the United States prior to Tomato ...... 0.15 on the relationship between the national publication of the rule in the Federal government and the States, or on the Register. This action is not a ‘‘major * * * * * distribution of power and rule’’ as defined by 5 U.S.C. 804(2). ■ 7. In § 180.421, revise the table in responsibilities among the various paragraph (a) to read as follows: levels of government.’’ This final rule List of Subjects in 40 CFR Part 180 directly regulates growers, food Environmental protection, § 180.421 Fenarimol; tolerances for processors, food handlers, and food Administrative practice and procedure, residues. retailers, not States. This action does not Agricultural commodities, Pesticides (a) * * *