[Federal Register Volume 85, Number 21 (Friday, January 31, 2020)]
[Rules and Regulations]
[Pages 5575-5578]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00826]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2019-0653; FRL-10002-88]


Extension of Time-Limited Tolerances for Emergency Exemptions 
(Multiple Chemicals, Various Commodities)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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[[Page 5576]]

SUMMARY: This regulation extends time-limited tolerances for residues 
of five pesticides on various commodities, as identified in this 
document. These actions are in response to EPA's granting of emergency 
exemptions under the Federal Insecticide, Fungicide, and Rodenticide 
Act (FIFRA) authorizing use of these pesticides. 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.

DATES: This regulation is effective January 31, 2020. Objections and 
requests for hearings must be received on or before March 31, 2020 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-2019-0653, 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 (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: 
[email protected].

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 40 CFR 
part 180 through the Government Publishing 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 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-2019-0653 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 31, 2020. 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-2019-0653, 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 previously published final rules establishing time-limited 
tolerances in the Federal Register for each chemical and commodity 
listed under FFDCA section 408, 21 U.S.C. 346a. EPA established the 
tolerances 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 at EPA's own 
initiative and without providing notice or time for public comment.
    EPA received requests to extend the emergency use of these 
chemicals for this year's growing season. After having reviewed these 
submissions, EPA concurs that emergency conditions continue to exist. 
EPA assessed the potential risks presented by residues for each 
chemical in the listed commodities. In doing so, EPA considered the 
safety standard in FFDCA section 408(b)(2) and decided that the 
necessary tolerance under FFDCA section 408(l)(6) would be consistent 
with the safety standard and with FIFRA section 18.
    The data and other relevant material have been evaluated and were 
discussed in the final rules originally establishing the time-limited 
tolerances. Based on those data and information considered, the Agency 
affirms that extension of these time-limited tolerances will continue 
to meet the requirements of FFDCA section 408(l)(6). Therefore, the 
time-limited tolerances are extended until December 31, 2022. Although 
these tolerances will expire and are revoked on the date listed, under 
FFDCA section 408(l)(5), residues of the pesticides not in excess of 
the amounts specified in the tolerance remaining in or on the commodity 
after that date will not be unlawful, provided the residue is present 
as a result of an application or use of a pesticide at a time and in a 
manner that was lawful under FIFRA, the tolerance was in place at the 
time of the application, and the residue does not exceed the level that 
was authorized by the tolerance. EPA will take action to revoke these 
tolerances earlier if any experience with, scientific data on, or other 
relevant information on these pesticides indicate that the residues are 
not safe. EPA will publish a document in the Federal Register to remove 
the

[[Page 5577]]

revoked tolerances from the Code of Federal Regulations (CFR).
    Time-limited tolerances for the use of the following pesticide 
chemicals on specific commodities are being extended:
    Bifenthrin. EPA has authorized under FIFRA section 18 the use of 
bifenthrin on pomegranate for control of leaf-footed plant bugs in 
California. This regulation extends the time-limited tolerance for 
residues of the insecticide bifenthrin in or on pomegranate at 0.5 ppm 
for an additional 3-year period. This tolerance will expire and is 
revoked on December 31, 2022. The time-limited tolerance was originally 
published in the Federal Register of December 22, 2016 (81 FR 93824) 
(FRL-9954-47).
    Flupyradifurone. EPA has authorized under FIFRA section 18 the use 
of flupyradifurone on sweet sorghum for control of sugar cane aphids in 
Arkansas, Georgia, Kentucky, Mississippi, North Carolina, and 
Tennessee. This regulation extends time-limited tolerances for residues 
of the insecticide flupyradifurone and its metabolites and degradates 
in or on sorghum, syrup at 90.0 ppm, and in or on sweet sorghum, forage 
at 30.0 ppm for an additional 3-year period. These tolerances will 
expire and are revoked on December 31, 2022. The time-limited 
tolerances were originally published in the Federal Register of March 
10, 2017 (82 FR 13251) (FRL-9958-75).
    Methoxyfenozide. EPA has authorized under FIFRA section 18 the use 
of methoxyfenozide on rice for control of armyworms in California. This 
regulation extends time-limited tolerances for residues of the 
insecticide methoxyfenozide and its metabolites and degradates in or on 
rice, bran at 4.0 ppm, and in or on rice, grain at 0.50 ppm, for an 
additional 3-year period. These tolerances will expire and are revoked 
on December 31, 2022. The time-limited tolerances were originally 
published in the Federal Register of May 6, 2016 (81 FR 27332) (FRL-
9945-28).
    Streptomycin. EPA has authorized under FIFRA section 18 the use of 
streptomycin on citrus for control of citrus greening disease in 
Florida and California. This regulation extends time-limited tolerances 
for residues of the pesticide streptomycin in or on fruit, citrus, 
group 10-10 at 2.0 ppm, and fruit, citrus group 10-10, dried pulp at 
6.0 ppm, for an additional 3-year period. These tolerances will expire 
and are revoked on December 31, 2022. The time-limited tolerances were 
originally published in the Federal Register of March 15, 2017 (82 FR 
13759) (FRL-9957-65).
    Thiabendazole. EPA has authorized under FIFRA section 18 the use of 
thiabendazole on sweet potato for control of black rot in North 
Carolina. This regulation extends the time-limited tolerance for 
combined residues of the fungicide thiabendazole and its metabolite 
benzamidazole in or on sweet potato at 10 ppm for an additional 3-year 
period. This tolerance will expire and is revoked on December 31, 2022. 
The time-limited tolerance was originally published in the Federal 
Register of September 22, 2016 (81 FR 65289) (FRL-9950-05).

III. 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 MRLs for the commodities in this 
action for bifenthrin, flupyradifurone, methoxyfenozide, streptomycin, 
or thiabendazole.

IV. 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 under 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).

V. Congressional Review Act

    Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.), 
EPA has submitted 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).

[[Page 5578]]

List of Subjects in 40 CFR Part 180

    Environmental protection, Administrative practice and procedure, 
Agricultural commodities, Pesticides and pests, Reporting and 
recordkeeping requirements.

    Dated: December 13, 2019.
Michael Goodis,
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.  180.242(b):
0
a. Remove ``the following table,'' ``below,'' and ``the table'' and add 
in their places ``table 3 to this paragraph (b),'' ``in table 3 to this 
paragraph (b),'' and ``table 3 to this paragraph (b),'' respectively, 
in the introductory text; and
0
b. Revise the table.
    The revision reads as follows:


Sec.  180.242  Thiabendazole; tolerances for residues.

* * * * *
    (b) * * *

                        Table 3 to Paragraph (b)
------------------------------------------------------------------------
                                                             Expiration/
                  Commodity                     Parts per    revocation
                                                 million        date
------------------------------------------------------------------------
Sweet potato................................           10      12/31/22
------------------------------------------------------------------------

* * * * *

0
3. In Sec.  180.245, revise the entries for ``Fruit, citrus, group 10-
10'' and ``Fruit, citrus, group 10-10, dried pulp'' in the table in 
paragraph (b) to read as follows:


Sec.  180.245  Streptomycin; tolerances for residues.

* * * * *
    (b) * * *

------------------------------------------------------------------------
                                                             Expiration/
                   Commodity                     Parts per    revocation
                                                  million        date
------------------------------------------------------------------------
Fruit, citrus, group 10-10....................          2.0     12/31/22
Fruit, citrus, group 10-10, dried pulp........          6.0     12/31/22
 
                                * * * * *
------------------------------------------------------------------------

* * * * *

0
 4. In Sec.  180.442, revise the entry for ``Pomegranate'' in the table 
in paragraph (b) to read as follows:


Sec.  180.442  Bifenthrin; tolerances for residues.

* * * * *
    (b) * * *

------------------------------------------------------------------------
                                                             Expiration/
                  Commodity                     Parts per    revocation
                                                 million        date
------------------------------------------------------------------------
 
                                * * * * *
Pomegranate.................................         0.50      12/31/22
------------------------------------------------------------------------

* * * * *

0
 5. In Sec.  180.544(b):
0
a. Remove ``the table below'' and ``the following table'' and add in 
their places ``table 3 to this paragraph (b)'' in the introductory 
text; and
0
b. Revise the table.
    The revision reads as follows:


Sec.  180.544  Methoxyfenozide; tolerances for residues.

* * * * *
    (b) * * *

                        Table 3 to Paragraph (b)
------------------------------------------------------------------------
                                                             Expiration/
                   Commodity                     Parts per    revocation
                                                  million        date
------------------------------------------------------------------------
Rice, bran....................................          4.0     12/31/22
Rice, grain...................................         0.50     12/31/22
------------------------------------------------------------------------

* * * * *

0
 6. In Sec.  180.679(b):
0
a. Remove ``the table below,'' ``the table,'' and ``the following 
table'' and add in their places ``table 2 to this paragraph (b)'' in 
the introductory text; and
0
b. Revise the table.
    The revision reads as follows:


Sec.  180.679  Flupyradifurone; tolerances for residues.

* * * * *
    (b) * * *

                        Table 2 to Paragraph (b)
------------------------------------------------------------------------
                                                             Expiration/
                   Commodity                     Parts per    revocation
                                                  million        date
------------------------------------------------------------------------
Sorghum, syrup................................         90.0     12/31/22
Sweet sorghum, forage.........................         30.0     12/31/22
------------------------------------------------------------------------

* * * * *
[FR Doc. 2020-00826 Filed 1-30-20; 8:45 am]
 BILLING CODE 6560-50-P