Environmental Protection Agency (EPA).
This regulation extends a time-limited tolerance for combined residues of the fungicide propiconazole and its metabolites in or on avocado at 10 parts per million (ppm) for an additional 3-year period. This tolerance will expire and is revoked on December 31， 2019. This action is in response to EPA‘s granting of an emergency exemption under the Federal Insecticide， Fungicide， and Rodenticide Act (FIFRA) authorizing use of the pesticide on avocado trees. In addition， the Federal Food， Drug， and Cosmetic Act (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.
This regulation is effective January 5， 2017. Objections and requests for hearings must be received on or before March 6， 2017， and must be filed in accordance with the instructions provided in 40 CFR part 178(see also Unit I.C. of the SUPPLEMENTARY INFORMATION).
The docket for this action， identified by docket identification (ID) number EPA-HQ-OPP-2016-0682， is available at http://www.regulations.govor 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 (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:
Michael L. Goodis， Registration Division (7505P)， Office of Pesticide Programs， Environmental Protection Agency， 1200 Pennsylvania Ave. NW.， Washington， DC 20460-0001; main telephone number: (703) 305-7090; email address: RDFRNotices@epa.gov.
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:
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 athttp://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 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-2016-0682 in the subject line on the first page of your submission. All requests must be in writing， and must be received by the Hearing Clerk on or before March 6， 2017. 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-2016-0682， by one of the following methods:
Additional instructions on commenting or visiting the docket， along with more information about dockets generally， is available athttp://www.epa.gov/dockets.
EPA originally issued a final rule， published in the Federal Registerof May 11， 2011 (76 FR 27261) (FRL-8873-2)， which announced that on its own initiative under FFDCA section 408， 21 U.S.C. 346a， it established a time-limited tolerance for the combined residues of propiconazole and its metabolites in or on avocado at 10 ppm， with an expiration date of December 31， 2013. Subsequently， EPA published a final rule in theFederal Register of December 27， 2013 (78 FR 78746) (FRL-9904-15) to extend (revise) the expiration date for this tolerance to December 31， 2016. EPA established the tolerance because FFDCA section 408(l)(6) 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.
In 2014， EPA received a request to extend the use of propiconazole on avocado for an additional 3 years (under a quarantine exemption) due to the disease situation remaining an emergency condition， warranting authorization of use of propiconazole under a quarantine exemption. After having reviewed the submission， EPA concurred that emergency conditions exist. EPA authorized under FIFRA section 18 the use of p