[Federal Register Volume 81, Number 42 (Thursday, March 3, 2016)]
[Rules and Regulations]
[Pages 11121-11124]
[FR Doc No: 2016-04757]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2015-0475; FRL-9942-10]

Fluensulfone; Pesticide Tolerance for Emergency Exemption

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation establishes a time-limited tolerance for
residues of fluensulfone, measured as 3,4,4-trifluoro-but-3-ene-1-
sulfonic acid, resulting from use of fluensulfone in or on carrots in
accordance with the terms of an emergency exemption issued under
section 18 of the Federal Insecticide, Fungicide, and Rodenticide Act
(FIFRA). This action is in response to the issuance of a crisis
emergency exemption under FIFRA section 18 authorizing use of the
pesticide on carrots. This regulation establishes a maximum permissible
level for residues of fluensulfone in or on carrots. The time-limited
tolerance expires on December 31, 2017.

DATES:  This regulation is effective March 3, 2016. Objections and
requests for hearings must be received on or before May 2, 2016, 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-2015-0475, 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), West William Jefferson Clinton 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<PHONE_NUMBER>, and the telephone number for the OPP
Docket is<PHONE_NUMBER>. Please review the visitor instructions and
additional information about the docket available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Susan T. Lewis, Registration Division
(7505P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; main telephone
number:<PHONE_NUMBER>; email address<EMAIL_ADDRESS>
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:
    [emsp14]Crop production (NAICS code 111).
    [emsp14]Animal production (NAICS code 112).
    [emsp14]Food manufacturing (NAICS code 311).
    [emsp14]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://www.ecfr.gov/cgi-bin/text-idx?&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-
2015-0475 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 May 2, 2016. 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 (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-2015-0475 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. Background and Statutory Findings

    EPA, on its own initiative, in accordance with FFDCA sections
408(e) and 408(l)(6), 21 U.S.C. 346a(e) and 346a(1)(6), is establishing
a time-limited tolerance for residues of fluensulfone, to be enforced
by measuring only the metabolite 3,4,4-trifluoro-but-3-ene-1-sulfonic
acid, in or on carrots at 2.0 parts per million (ppm). There are no
Canadian or Codex MRLs for residues of fluensulfone in or on carrot at
this time. International harmonization is not an issue for this
emergency exemption. This time-limited tolerance expires on December
31, 2017.
    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 FIFRA
section 18. 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 time-
limited 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 . .
. .''
    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 Fluensulfone on Carrots and FFDCA
Tolerances

    The Michigan Department of Agriculture and Rural Development
asserted that an emergency condition existed in accordance with the
criteria for approval of an emergency exemption, and utilized a crisis
exemption under FIFRA section 18 to allow the use of fluensulfone on
carrots to control plant-parasitic nematodes in carrot fields in
Michigan. The Michigan Department of Agriculture and Rural Development
invoked the crisis exemption provision on April 14, 2015. After having
reviewed the submission, EPA concurred on the emergency action in order
to meet the needs of Michigan carrot growers who faced significant
economic loss. The crisis exemption program expired on June 15, 2015.
    As part of its evaluation of the Michigan crisis exemption, EPA
assessed the potential risks presented by residues of fluensulfone in
or on carrots. In doing so, EPA considered the safety standard in FFDCA
section 408(b)(2), and EPA decided that the necessary time-limited
tolerance 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 this time-limited tolerance without notice and
opportunity for public comment as provided in FFDCA section 408(l)(6).
Although this time-limited tolerance expires on December 31, 2017,
under FFDCA section 408(l)(5), residues of the pesticide not in excess
of the amounts specified in the tolerance remaining in or on carrots
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 this time-limited tolerance
at the time of that application. EPA will take action to revoke this
time-limited tolerance earlier if any experience with, scientific data
on, or other relevant information on this pesticide indicate that the
residues are not safe.
    Because this time-limited tolerance is being approved under
emergency conditions, EPA has not made any decisions about whether
fluensulfone meets FIFRA's registration requirements for use on carrots
or whether permanent tolerances for this use would be appropriate.
Under these circumstances, EPA does not believe that this time-limited
tolerance decision serves as a basis for registration of fluensulfone
by a State for special local needs under FIFRA section 24(c). Nor does
this time-limited tolerance by itself serve as the authority for
persons in any State other than Michigan to use this pesticide on the
applicable crops under FIFRA

section 18 absent the issuance of an emergency exemption applicable
within that State. For additional information regarding the crisis
exemption for fluensulfone, contact the Agency's Registration Division
at the address provided under FOR FURTHER INFORMATION CONTACT.

IV. 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 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 the crisis exemption and this time-
limited tolerance for residues of fluensulfone on carrots at 2.0 parts
per million (ppm), measured as 3,4,4-trifluoro-but-3-ene-1-sulfonic
acid. EPA's assessment of exposures and risks associated with
establishing a time-limited tolerance follows.
    The Agency assessed the use of the fluensulfone use on carrots
based on a 0.50 ppm residue level of the parent compound, which is the
residue of concern for purposes of risk assessment on carrots (i.e.,
100% crop treated) and determined that there would be no resulting
change in the estimates from the previous risk assessment for the
chemical. Since the publication of the September 24, 2014 final rule,
the toxicity profile of fluensulfone has not changed, and the risk
assessments that supported the establishment of those tolerances
published in the Federal Register remain valid. The dietary risk
assessments for fluensulfone are based on residues of the parent
compound only. Therefore, EPA relies upon those supporting risk
assessments and the findings made in the September 24, 2014 Federal
Register document, as well as an updated dietary exposure and risk
assessment on carrots. 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 fluensulfone residues.
    A summary of the toxicological endpoints for fluensulfone used for
human risk assessment were previously described in a final rule
published in the Federal Register of September 24, 2014 (79 FR 56964)
(FRL-9914-35). Please refer to this Federal Register document and its
supporting documents, available at http://www.regulations.gov in docket
ID number EPA-HQ-OPP-2012-0593 for a detailed discussion of the
aggregate risk assessments and determination of safety for the proposed
time-limited tolerance for residues of fluensulfone on carrots at 2.0
parts per million (ppm) when measured as 3,4,4-trifluoro-but-3-ene-1-
sulfonic acid.

V. Analytical Enforcement Methodology

    An analytic method suitable for enforcement purposes has been
approved by the Agency. That same method was used in the field trials
for carrot and was shown to be appropriate for that crop. The method
has an LOQ, defined as the lower limit of method validation, of 0.01
ppm of 3,4,4-trifluoro-but-3-ene-1-sulfonic acid. For carrot, the
method has a calculated LOQ of 0.005 ppm of 3,4,4-trifluoro-but-3-ene-
1-sulfonic acid. Adequate enforcement methodology, a reverse-phase high
performance liquid chromatography with dual mass spectrometry/mass
spectrometry (HPLC-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:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
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 fluensulfone or 3,4,4-
trifluoro-but-3-ene-1-sulfonic acid, in or on carrot.

VI. Conclusion

    Therefore, a time-limited tolerance is established for residues of
fluensulfone, measured as 3,4,4-trifluoro-but-3-ene-1-sulfonic acid, in
or on carrots at 2.0 ppm. This tolerance expires on December 31, 2017.

VII. Statutory and Executive Order Reviews

    This action 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 action has been exempted from review under Executive Order
12866, this action 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
action 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 action 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 action. In addition, this action does not impose any enforceable
duty or contain any unfunded mandate as described under Title II of the
Unfunded Mandates Reform Act (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 (NTTAA) (15 U.S.C. 272 note).

VIII. 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: February 25, 2016.
Susan Lewis,
Director, Registration Division, Office of Pesticide Programs.

    Therefore, 40 CFR chapter I is amended as follows:

PART 180--[AMENDED]

0
1. The authority citation for part 180 continues to read as follows:

    Authority: 21 U.S.C. 321(q), 346a and 371.

0
2. In Sec.  180.680, revise paragraph (b) to read as follows:

Sec.  180.680  Fluensulfone; tolerances for residues.

* * * * *
    (b) Section 18 emergency exemptions. Time-limited tolerances
specified in the following table are established for residues of the
nematicide fluensulfone, including its metabolites and degradates, in
or on the commodities in the table below, resulting from use of the
pesticide pursuant to FIFRA section 18 emergency exemptions. Compliance
with the tolerance levels specified below is to be determined by
measuring only 3,4,4-trifluoro-but-3-ene-1-sulfonic acid. The
tolerances expire on the date specified in the table.

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                                                 Parts per   Expiration
                   Commodity                      million       date
------------------------------------------------------------------------
Carrot.........................................       2.0      12/31/17
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* * * * *
[FR Doc. 2016-04757 Filed 3-2-16; 8:45 am]
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[Federal Register Volume 85, Number 113 (Thursday, June 11, 2020)]
[Notices]
[Page 35650]
[FR Doc No: 2020-12639]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. AD20-17-000]

Impacts of COVID-19 on the Energy Industry; Supplemental Notice
of Technical Conference

    As announced in the Notice of Technical Conference issued in this
proceeding on May 20, 2020, the Federal Energy Regulatory Commission
(Commission) will convene a Commissioner-led technical conference in
the above-referenced proceeding on Wednesday and Thursday, July 8-9,
2020, from approximately 9:00 a.m. to 5:00 p.m. Eastern time each day.
The conference will be held electronically. The purpose of this
conference is to consider the ongoing, serious impacts that the
emergency conditions caused by COVID-19 are having on various segments
of the United States' energy industry. The Commission will explore the
potential longer-term impacts on the entities that it regulates in
order to ensure the continued efficient functioning of energy markets,
transmission of electricity, transportation of natural gas and oil, and
reliable operation of energy infrastructure today and in the future,
while also protecting consumers. The conference will serve as a public
forum for the Commission and energy stakeholders to discuss a wide
range of energy issues that the country faces going forward as it
recovers from the emergency conditions created by, and the impacts of,
COVID-19.
    The Commission will issue a further supplemental notice with an
agenda that includes a list of panelists for the technical conference.
The conference will be open for the public to attend electronically.
There is no fee for attendance. However, members of the public are
encouraged to preregister online at: http://www.ferc.gov/whats-new/registration/07-07-20-form.asp. Information on this event will be
posted on the Calendar of Events on the Commission's website,
www.ferc.gov, prior to the event. The conference will be transcribed.
Transcripts will be available for a fee from Ace Reporting (202-347-
3700).
    Commission conferences are accessible under section 508 of the
Rehabilitation Act of 1973. For accessibility accommodations, please
send an email to<EMAIL_ADDRESS>or call toll free 1-866-208-
3372 (voice) or<PHONE_NUMBER> (TTY), or send a fax to<PHONE_NUMBER> with
the required accommodations.
    For more information about this technical conference, please
contact:
    Aileen Roder (Technical Information), Office of Energy Policy and
Innovation,<PHONE_NUMBER><EMAIL_ADDRESS>    Zeny Magos (Technical Information), Office of Energy Market
Regulation,<PHONE_NUMBER><EMAIL_ADDRESS>    Sarah McKinley (Logistical Information), Office of External
Affairs,<PHONE_NUMBER><EMAIL_ADDRESS>
    Dated: June 5, 2020.
Kimberly D. Bose,
Secretary.
[FR Doc. 2020-12639 Filed 6-10-20; 8:45 am]
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[Federal Register Volume 84, Number 131 (Tuesday, July 9, 2019)]
[Notices]
[Page 32764]
[FR Doc No: 2019-14593]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4441-DR; Docket ID FEMA-2019-0001]

Arkansas; Amendment No. 1 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Arkansas (FEMA-4441-DR), dated June 8, 2019, and
related determinations.

DATES: This amendment was issued June 14, 2019.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the State of Arkansas is hereby amended to include the following
areas among those areas determined to have been adversely affected by
the event declared a major disaster by the President in his declaration
of June 8, 2019.

    Arkansas, Desha, Logan, and Pope Counties for Individual
Assistance (already designated for emergency protective measures
[Category B], limited to direct federal assistance under the Public
assistance program).

    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households in Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050 Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

Pete Gaynor,
Acting Administrator, Federal Emergency Management Agency.
[FR Doc. 2019-14593 Filed 7-8-19; 8:45 am]
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