[Federal Register Volume 87, Number 147 (Tuesday, August 2, 2022)]
[Proposed Rules]
[Pages 47167-47177]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-16165]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[EPA-HQ-OPP-2021-0766; FRL-9982-01-OCSPP]
RIN 2070-ZA16
Pesticide Tolerances; Implementing Registration Review Decisions
for Certain Pesticides (FY22Q4)
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing to implement several tolerance actions under
the Federal Food, Drug, and Cosmetic Act (FFDCA) that the Agency
determined were necessary or appropriate during the registration review
conducted under the Federal Insecticide, Fungicide, and Rodenticide Act
(FIFRA) for the pesticide active ingredients identified in this
document. During registration review, EPA reviews all aspects of a
pesticide case, including existing tolerances, to ensure that the
pesticide continues to meet the standard for registration under FIFRA.
The pesticide actions addressed in this rulemaking are identified in
Unit I.B. and discussed in detail in Unit III. of this document.
DATES: Comments must be received on or before October 3, 2022.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2021-0766, through the Federal eRulemaking
Portal at: https://www.regulations.gov. Follow the online instructions
for submitting comments. Do not submit electronically any information
you consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Additional
instructions on commenting or visiting the docket, along with more
information about dockets generally, is available at https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT: Moana Appleyard, Pesticide Re-
Evaluation Division (7508M), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington,
DC 20460-0001; telephone number: (202) 566-2220; email address:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Executive Summary
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. What action is the Agency taking?
EPA is proposing several tolerance actions that the Agency
previously determined were necessary or appropriate during the
registration review for the identified pesticide active ingredients.
During registration review, EPA reviews all aspects of a pesticide
case, including existing tolerances, to ensure that the pesticide
continues to meet the standard for registration in accordance with the
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), 7 U.S.C.
136 et seq., and that the pesticide's tolerances meet the safety
standard of the Federal Food, Drug and Cosmetic Act (FFCCA), 21 U.S.C.
346a.
Specifically, EPA is proposing to:
Modify tolerance expressions for ametryn, benfluralin,
bensulfuron-methyl, bentazon, chlorpropham, diclosulam, esfenvalerate,
ethoxyquin, hydramethylnon (pyrimidinone), imazaquin, phenmedipham,
pyrithiobac-sodium, tefluthrin, and uniconazole-P;
Modify commodity definitions for bispyribac-sodium,
imazaquin, and uniconazole-P;
Update crop groups for fenpropathrin and quinoxyfen;
[[Page 47168]]
Remove expired tolerances for ametryn; and
Revoke tolerances that are no longer needed for
bensulfuron-methyl and chlorpropham.
Although it may not have been identified in the registration review
of a particular pesticide, this rule also includes proposals to reflect
the Agency's 2019 adoption of the Organization of Economic Cooperation
and Development (OECD) Rounding Class Practice. Where applicable, these
adjustments are proposed for specific pesticides as discussed in Unit
III. of this document.
C. What is EPA's authority for taking this action?
Pursuant to its authority under the FFDCA, 21 U.S.C. 346a, EPA is
proposing the tolerance actions in this rulemaking that the Agency
previously determined were necessary or appropriate during the
registration review conducted under FIFRA, 7 U.S.C. 136 et seq.
FFDCA section 408(b) authorizes EPA to establish a tolerance, if
the Agency determines that a tolerance is safe; FFDCA section 408(c)
authorizes EPA to establish an exemption from the requirement of a
tolerance if the Agency determines that the exemption is safe. See 21
U.S.C. 346a(b) and (c). If EPA determines that a tolerance or exemption
is not safe, EPA must modify or revoke that tolerance or exemption. Id.
The 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.'' 21
U.S.C. 346a(b)(2)(A)(ii), (c)(2)(A)(ii). This includes exposure through
drinking water and in residential settings but does not include
occupational exposure. FFDCA section 408(b)(2)(C) requires EPA to give
special consideration to the 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[s.]'' 21 U.S.C. 346a(b)(2)(C). In addition, FFDCA section
408(b)(2)(D) contains several factors EPA must consider when making
determinations about establishing, modifying, or revoking tolerances.
21 U.S.C. 346a(b)(2)(D). FFDCA section 408(c)(2)(B) requires that EPA,
when making determinations about exemptions, to take into account,
among other things, the considerations set forth in FFDCA section
408(b)(2)(C) and (D). 21 U.S.C. 346a(c)(2)(B).
FFDCA section 408(e), 21 U.S.C. 346a(e), authorizes EPA to
establish, modify, or revoke tolerances or exemptions from the
requirement of a tolerance on its own initiative. Prior to issuing the
final regulation, FFDCA section 408(e)(2) requires EPA to issue a
notice of proposed rulemaking for a 60-day public comment period,
unless the Administrator for good cause finds that it would be in the
public interest to have a shorter period and states the reasons in the
rulemaking.
Furthermore, when establishing tolerances or exemptions from the
requirement of a tolerance, FFDCA sections 408(b)(3) and (c)(3) require
that there be a practical method for detecting and measuring pesticide
chemical residue levels in or on food, unless in the case of
exemptions, EPA determines that such method is not needed and states
the reasons therefor in the rulemaking. 21 U.S.C. 346a(b) and (c).
Under FIFRA section 3(g), 7 U.S.C. 136a(g), EPA is required to
periodically review all registered pesticides and determine if those
pesticides continue to meet the standard for registration under FIFRA.
See also 40 CFR 155.40(a). Consistent with its obligations under FIFRA
section 3(g) and FFDCA section 408, EPA has reviewed the available
scientific data and other relevant information and determined it is
appropriate to take the tolerance actions being proposed in this
rulemaking.
D. What should I consider as I prepare my comments for EPA?
1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, you must submit a copy of the comment that does not contain the
information claimed as CBI for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
2. Tips for preparing your comments. When preparing and submitting
your comments, see the commenting tips at https://www.regulations.gov/faq.
3. Environmental justice. EPA seeks to achieve environmental
justice, the fair treatment and meaningful involvement of any group,
including minority and/or low-income populations, in the development,
implementation, and enforcement of environmental laws, regulations, and
policies.
E. What can I do if I want the Agency to maintain a tolerance that the
Agency proposes to revoke?
During the 60-day public comment period for this proposed rule, any
person can state an interest in retaining a tolerance proposed for
revocation. If EPA receives such a comment within the 60-day period,
EPA will not proceed to revoke the tolerance immediately. However, EPA
will take steps to ensure the submission of any needed supporting data
and will issue an order in the Federal Register under FFDCA section
408(f), if needed. The order would specify data needed and the
timeframes for submission of the data and would require that within 90
days some person or persons notify EPA that they will submit the data.
If the data are not submitted as required in the order, EPA will take
appropriate action under FFDCA.
II. Background
A. What is a tolerance?
A ``tolerance'' represents the maximum level for residues of
pesticide chemicals legally allowed in or on food, which includes raw
agricultural commodities and processed foods and feed for animals.
Under the FFDCA, residues of a pesticide chemical that are not covered
by a tolerance or exemption from the requirement of a tolerance are
considered unsafe. See 21 U.S.C. 346a(a)(1). Foods containing unsafe
residues are deemed adulterated and may not be distributed in
interstate commerce. See 21 U.S.C. 331(a), 342(a)(2)(B). Consequently,
for a food-use pesticide (i.e., a pesticide use that is likely to
result in residues in or on food) to be sold and distributed, the
pesticide must not only have appropriate tolerances or exemptions under
the FFDCA, but also must be registered under FIFRA, 7 U.S.C. 136 et
seq. Food-use pesticides not registered in the United States must have
tolerances or exemptions in order for commodities treated with those
pesticides to be imported into the United States. For additional
information about tolerances, go to https://www.epa.gov/pesticide-tolerances/about-pesticide-tolerances.
B. Why does EPA consider the Codex MRLs?
When establishing a tolerance for residues of a pesticide, EPA must
[[Page 47169]]
determine whether the Codex Alimentarius Commission has established a
Maximum Residue Limit (MRL) for that pesticide. See 21 U.S.C.
346a(b)(4). As part of registration review, EPA identifies
opportunities to harmonize with Codex MRLs for each pesticide-crop
combination.
C. What is pesticide registration review?
EPA periodically reviews existing registered pesticides to ensure
they can continue to be used without unreasonable adverse effects on
human health or the environment. The registration review program is
intended to make sure that, as the ability to assess risk evolves and
as policies and practices change, all registered pesticides continue to
meet the FIFRA registration standard of no unreasonable adverse
effects. As part of the registration review of a pesticide, EPA also
evaluates whether existing tolerances are safe, whether any changes to
existing tolerances are necessary or appropriate, and whether any new
tolerances are necessary to cover residues from registered pesticides.
Additional information about pesticide registration review is available
at https://www.epa.gov/pesticide-reevaluation.
III. Proposed Tolerance Actions
EPA is proposing to take the specific tolerance actions identified
in this unit. Where appropriate, EPA has included the determination of
safety for the pesticide actions being taken. These proposed tolerance
changes are discussed in detail in the human health risk assessments
conducted to support the registration review of each specific pesticide
active ingredient or registration review case. In addition, these
proposed tolerance changes are summarized in both the Proposed Interim
Decision (PID), and in the Interim Decision (ID) for each pesticide
active ingredient or registration review case. These documents can be
found in the public docket that has been opened for each pesticide,
which is available online at https://www.regulations.gov, using the
docket ID number listed in the heading of each pesticide active
ingredient included in this proposed action. To locate the relevant
supporting documents, enter the specific docket ID number in the search
box at https://www.regulations.gov.
A. Ametryn, Case 2010 (Docket ID No. EPA-HQ-OPP-2013-0249).
EPA is proposing to revise the current tolerance expression for
ametryn in 40 CFR 180.258 to describe more clearly the scope or
coverage of the tolerances and the method for measuring compliance.
Consistent with EPA policy, the revised tolerance expression will
clarify that (1) as provided in FFDCA section 408(a)(3), the tolerances
cover metabolites and degradates of ametryn not specifically mentioned;
and (2) compliance with the specified tolerance levels is to be
determined by measuring the specific compounds mentioned in the
tolerance expression. The revisions to the tolerance expression do not
substantively change the tolerances or, in any way, modify the
permissible level of residues in or on the commodities listed in the
regulation.
In addition, as a housekeeping measure, EPA is proposing to remove
from the regulation the listing of tolerances for residues of ametryn
in or on banana; corn, sweet, forage; corn, sweet, kernel plus cob with
husks removed; and corn, sweet, stover, because these tolerances
expired on June 16, 2010.
During registration review, EPA assessed the risks from exposure to
ametryn, taking into consideration all reliable data on toxicity and
exposure, including for infants and children. Based on the supporting
risk assessments and registration review documents, which demonstrate
that the aggregate exposure is below the Agency's level of concern, EPA
concludes there is a reasonable certainty that no harm will result to
the general population, or specifically to infants and children, from
aggregate exposure to ametryn residues. Thus, EPA has determined that
the tolerances for residues of ametryn are safe. Adequate enforcement
methodology as described in the supporting documents is available to
enforce the tolerance expression. For further details, see Ametryn--
Preliminary Human Health Risk Assessment for Registration Review, which
can be accessed using the docket ID number listed in the heading of
this unit.
B. Benfluralin, Case 2030 (Docket ID No. EPA-HQ-OPP-2011-0931)
EPA is proposing to revise the current tolerance expression for
benfluralin in 40 CFR 180.208 to describe more clearly the scope or
coverage of the tolerances and the method for measuring compliance.
Consistent with EPA policy, the revised tolerance expression will
clarify that (1) as provided in FFDCA section 408(a)(3), the tolerances
cover metabolites and degradates of benfluralin, including its
metabolites and degradates in or on the commodities not specifically
mentioned; and (2) compliance with the specified tolerance levels is to
be determined by measuring the specific compounds mentioned in the
tolerance expression. The revisions to the tolerance expression do not
substantively change the tolerances or, in any way, modify the
permissible level of residues in or on the commodities listed in the
regulation.
During registration review, EPA assessed the risks from exposure to
benfluralin, taking into consideration all reliable data on toxicity
and exposure, including for infants and children. Based on the
supporting risk assessments and registration review documents, which
demonstrate that the aggregate exposure is below the Agency's level of
concern, EPA concludes there is a reasonable certainty that no harm
will result to the general population, or specifically to infants and
children, from aggregate exposure to benfluralin residues. Thus, EPA
has determined that the tolerances for residues of benfluralin are
safe. Adequate enforcement methodology as described in the supporting
documents is available to enforce the tolerance expression. For further
details, see Benfluralin: Human Health Draft Risk Assessment for
Registration Review, which can be accessed using the docket ID number
listed in the heading of this unit.
C. Bensulfuron-methyl, Case 7216 (Docket ID No. EPA-HQ-OPP-2011-0663)
EPA is proposing to revise the current tolerance expression for
bensulfuron-methyl in 40 CFR 180.445 to describe more clearly the scope
or coverage of the tolerances and the method for measuring compliance.
Consistent with EPA policy, the revised tolerance expression will
clarify that (1) as provided in FFDCA section 408(a), the tolerances
cover metabolites and degradates of bensulfuron-methyl not specifically
mentioned; and (2) compliance with the specified tolerance levels is to
be determined by measuring the specific compounds mentioned in the
tolerance expression. The revisions to the tolerance expression do not
substantively change the tolerances or, in any way, modify the
permissible level of residues in or on the commodities listed in the
regulation.
Additionally, EPA is proposing to clarify the spelling of the
chemical name with a hyphen between bensulfuron and methyl.
During registration review, EPA assessed the risks from exposure to
bensulfuron-methyl, taking into consideration all reliable data on
toxicity and exposure, including for
[[Page 47170]]
infants and children. Based on the supporting risk assessments and
registration review documents, which demonstrate that the aggregate
exposure is below the Agency's level of concern, EPA concludes there is
a reasonable certainty that no harm will result to the general
population, or specifically to infants and children, from aggregate
exposure to bensulfuron-methyl residues. Thus, EPA has determined that
the tolerances for residues of bensulfuron-methyl are safe. Adequate
enforcement methodology as described in the supporting documents is
available to enforce the tolerance expression. For further details, see
Bensulfuron-methyl. Human Health Risk Assessment for Registration
Review, which can be accessed using the docket ID number listed in the
heading of this unit.
D. Bentazon, Case 0182 (Docket ID No. EPA-HQ-OPP-2010-0117)
EPA is proposing to revise the current tolerance expressions for
bentazon in 40 CFR 180.355 to describe more clearly the scope or
coverage of the tolerances for raw agricultural commodities and for
livestock commodities and the method for measuring compliance.
Consistent with EPA policy, the revised tolerance expressions will
clarify that (1) as provided in FFDCA section 408(a)(1), the tolerances
cover metabolites and degradates of bentazon not specifically
mentioned; and (2) compliance with the specified tolerance levels is to
be determined by measuring the specific compounds mentioned in the
tolerance expressions. The revisions to the tolerance expressions do
not substantively change the tolerances or, in any way, modify the
permissible level of residues in or on the commodities listed in the
regulation.
During registration review, EPA assessed the risks from exposure to
bentazon, taking into consideration all reliable data on toxicity and
exposure, including for infants and children. Based on the supporting
risk assessments and registration review documents, which demonstrate
that the aggregate exposure is below the Agency's level of concern, EPA
concludes there is a reasonable certainty that no harm will result to
the general population, or specifically to infants and children, from
aggregate exposure to bentazon residues. Thus, EPA has determined that
the tolerances for residues of bentazon are safe. Adequate enforcement
methodology as described in the supporting documents is available to
enforce the tolerance expression. For further details, see Sodium
Bentazon--Preliminary Human Health Risk Assessment for Registration
Review, which can be accessed using the docket ID number listed in the
heading of this unit.
E. Bispyribac-sodium, Case 7258 (Docket ID No. EPA-HQ-OPP-2014-0074)
EPA is proposing to modify the commodity definition in 40 CFR
180.577 for ``Fish, freshwater'' to the correct definition of ``Fish,
freshwater, finfish.'' This revision will help facilitate efficient
commodity searches and does not substantively change the tolerance or,
in any way, modify the permissible level of residues in or on the
commodity listed in the regulation.
During registration review, EPA assessed the risks from exposure to
bispyribac-sodium, taking into consideration all reliable data on
toxicity and exposure, including for infants and children. Based on the
supporting risk assessments and registration review documents, which
demonstrate that the aggregate exposure is below the Agency's level of
concern, EPA concludes there is a reasonable certainty that no harm
will result to the general population, or specifically to infants and
children, from aggregate exposure to bispyribac-sodium residues. Thus,
EPA has determined that the tolerances for residues of bispyribac-
sodium are safe. Adequate enforcement methodology as described in the
supporting documents is available to enforce the tolerance expression.
For further details, see Bispyribac-sodium. Draft Human Health Risk
Assessment for Registration Review, which can be accessed using the
docket ID number listed in the heading of this unit.
F. Chlorpropham, Case 0271 (Docket ID No. EPA-HQ-OPP-2010-0923)
EPA is proposing to revise the current tolerance expressions for
chlorpropham in 40 CFR 180.181 to describe more clearly the scope or
coverage of the tolerances for raw agricultural commodities and
livestock commodities and the method for measuring compliance.
Consistent with EPA policy, the revised tolerance expressions will
clarify that (1) as provided in FFDCA section 408(a)(1), the tolerances
cover metabolites and degradates of chlorpropham not specifically
mentioned; and (2) compliance with the specified tolerance levels is to
be determined by measuring the specific compounds mentioned in the
tolerance expressions. The revisions to the tolerance expressions do
not substantively change the tolerances or, in any way, modify the
permissible level of residues in or on the commodities listed in the
regulation.
EPA is proposing to revoke tolerances in 40 CFR 180.181 for
residues of chlorpropham in or on hog, fat; hog, kidney; hog, meat; and
hog, meat byproducts except kidney, which are no longer needed because
potatoes and potato, wet peel are no longer hog feed items.
During registration review, EPA assessed the risks from exposure to
chlorpropham, taking into consideration all reliable data on toxicity
and exposure, including for infants and children. Based on the
supporting risk assessments and registration review documents, which
demonstrate that the aggregate exposure is below the Agency's level of
concern, EPA concludes there is a reasonable certainty that no harm
will result to the general population, or specifically to infants and
children, from aggregate exposure to chlorpropham residues. Thus, EPA
has determined that the tolerances for residues of chlorpropham are
safe. Adequate enforcement methodology as described in the supporting
documents is available to enforce the tolerance expression. For further
details, see Chlorpropham. Draft Human Health Risk Assessment for
Registration Review, which can be accessed using the docket ID number
listed in the heading of this unit.
G. Diclosulam, Case 7249 (Docket ID No. EPA-HQ-OPP-2015-0285)
EPA is proposing to revise the current tolerance expression for
diclosulam in 40 CFR 180.543 to describe more clearly the scope or
coverage of the tolerances and the method for measuring compliance.
Consistent with EPA policy, the revised tolerance expression will
clarify (1) that, as provided in FFDCA section 408(a)(3), the tolerance
covers metabolites and degradates of diclosulam not specifically
mentioned; and (2) that compliance with the specified tolerance levels
is to be determined by measuring the specific compounds mentioned in
the tolerance expression. The revision to the tolerance expression does
not substantively change the tolerance or, in any way, modify the
permissible level of residues permitted by the tolerances.
During registration review, EPA assessed the risks from exposure to
diclosulam, taking into consideration all reliable data on toxicity and
exposure, including for infants and children. Based on the supporting
risk assessments and registration review documents, which demonstrate
that the aggregate exposure is below the Agency's level of concern, EPA
[[Page 47171]]
concludes there is a reasonable certainty that no harm will result to
the general population, or specifically to infants and children, from
aggregate exposure to diclosulam residues. Thus, EPA has determined
that the tolerances for residues of diclosulam are safe. Adequate
enforcement methodology as described in the supporting documents is
available to enforce the tolerance expression. For further details, see
Diclosulam. Human Health Assessment Scoping Document and Preliminary
Human Health Risk Assessment in Support of Registration Review, which
can be accessed using the docket ID number listed in the heading of
this unit.
H. Esfenvalerate, Case 7406 (Docket ID No. EPA-HQ-OPP-2009-0301)
EPA is proposing to revise the current tolerance expressions for
esfenvalerate in 40 CFR 180.533 for metabolites and degradates of
general food commodities, raw agricultural food commodities, and for
tolerances with regional registrations, to describe more clearly the
scope or coverage of the tolerances and the method for measuring
compliance. Consistent with EPA policy, the revised tolerance
expression will clarify (1) that, as provided in FFDCA section
408(a)(3), the tolerance covers metabolites and degradates of
esfenvalerate not specifically mentioned; and (2) that compliance with
the specified tolerance levels is to be determined by measuring the
specific compounds mentioned in the tolerance expression. The revisions
to the tolerance expressions do not substantively change the tolerance
or, in any way, modify the permissible level of residues permitted by
the tolerances.
During registration review, EPA assessed the risks from exposure to
esfenvalerate, taking into consideration all reliable data on toxicity
and exposure, including for infants and children. Based on the
supporting risk assessments and registration review documents, which
demonstrate that the aggregate exposure is below the Agency's level of
concern, EPA concludes there is a reasonable certainty that no harm
will result to the general population, or specifically to infants and
children, from aggregate exposure to esfenvalerate residues. Thus, EPA
has determined that the tolerances for residues of esfenvalerate are
safe. Adequate enforcement methodology as described in the supporting
documents is available to enforce the tolerance expression. For further
details, see Esfenvalerate. Draft Human Health Risk Assessment for
Registration Review, which can be accessed using the docket ID number
listed in the heading of this unit.
I. Ethoxyquin, Case 0003 (Docket ID No. EPA-HQ-OPP-2014-0780)
EPA is proposing to revise the current tolerance expression for
ethoxyquin in 40 CFR 180.178 to describe more clearly the scope or
coverage of the tolerances and the method for measuring compliance.
Consistent with EPA policy, the revised tolerance expression will
clarify (1) that, as provided in FFDCA section 408(a)(3), the tolerance
covers metabolites and degradates of ethoxyquin not specifically
mentioned; and (2) that compliance with the specified tolerance levels
is to be determined by measuring the specific compounds mentioned in
the tolerance expression. The revisions to the tolerance expression do
not substantively change the tolerance or, in any way, modify the
permissible level of residues permitted by the tolerances.
During registration review, EPA assessed the risks from exposure to
ethoxyquin, taking into consideration all reliable data on toxicity and
exposure, including for infants and children. Based on the supporting
risk assessments and registration review documents, which demonstrate
that the aggregate exposure is below the Agency's level of concern, EPA
concludes there is a reasonable certainty that no harm will result to
the general population, or specifically to infants and children, from
aggregate exposure to ethoxyquin residues. Thus, EPA has determined
that the tolerances for residues of ethoxyquin are safe. Adequate
enforcement methodology as described in the supporting documents is
available to enforce the tolerance expression. For further details, see
Ethoxyquin: Draft Human Health Risk Assessment in Support of
Registration Review, which can be accessed using the docket ID number
listed in the heading of this unit.
J. Fenpropathrin, Case 7601 (Docket ID No. EPA-HQ-OPP-2010-0422)
EPA is proposing to update the existing crop groups in 40 CFR
180.466 for ``fruit, stone, Crop Group 12, except cherry'' to the
updated subgroups for peach and plum and cherry and for ``nut, tree
crop group 14'' to the updated crop group 14-12. 40 CFR 180.40(j)
states that ``At appropriate times, EPA will amend tolerances for crop
groups that have been superseded by revised crop groups to conform the
pre-existing crop group to the revised crop group (40 CFR 180.41).''
During registration review, EPA assessed the risks from exposure to
fenpropathrin, taking into consideration all reliable data on toxicity
and exposure, including for infants and children. Based on the
supporting risk assessments and registration review documents, which
demonstrate that the aggregate exposure is below the Agency's level of
concern, EPA concludes there is a reasonable certainty that no harm
will result to the general population, or specifically to infants and
children, from aggregate exposure to fenpropathrin residues. Thus, EPA
has determined that the tolerances for residues of fenpropathrin are
safe. Adequate enforcement methodology as described in the supporting
documents is available to enforce the tolerance expression. For further
details, see Fenpropathrin. Draft Human Health Risk Assessment for
Registration Review and the Fenpropathrin Interim Registration Review
Decision, which can be accessed using the docket ID number listed in
the heading of this unit.
K. Hydramethylnon (Pyrimidinone), Case 2585 (Docket ID No. EPA-HQ-OPP-
2012-0869)
EPA is proposing to add the chemical name ``(Pyrimidinone)'' in the
title in 40 CFR 180.395 to more accurately reflect the chemical covered
by the tolerances in that section.
EPA is also proposing to revise the current tolerance expression
for hydramethylnon to describe more clearly the scope or coverage of
the tolerances and the method for measuring compliance. Consistent with
EPA policy, the revised tolerance expression will clarify (1) that, as
provided in FFDCA section 408(a)(3), the tolerance covers metabolites
and degradates of hydramethylnon not specifically mentioned; and (2)
that compliance with the specified tolerance levels is to be determined
by measuring the specific compounds mentioned in the tolerance
expression. The revisions to the tolerance expression do not
substantively change the tolerance or, in any way, modify the
permissible level of residues permitted by the tolerances.
During registration review, EPA assessed the risks from exposure to
hydramethylnon, taking into consideration all reliable data on toxicity
and exposure, including for infants and children. Based on the
supporting risk assessments and registration review documents, which
demonstrate that the aggregate exposure is below the Agency's level of
concern, EPA concludes there is a reasonable certainty that no harm
will result to the general population, or specifically to infants and
children, from aggregate exposure to hydramethylnon residues.
[[Page 47172]]
Thus, EPA has determined that the tolerances for residues of
hydramethylnon are safe. Adequate enforcement methodology as described
in the supporting documents is available to enforce the tolerance
expression. For further details, see Hydramethylnon. Draft Human Health
Risk Assessment for Registration Review, and Hydramethylnon. Addendum
to Draft Human Health Risk Assessment for Registration Review, which
can be accessed using the docket ID number listed in the heading of
this unit.
L. Imazaquin, Case 7204 (Docket ID No. EPA-HQ-OPP-2014-0224)
EPA is proposing to revise the chemical name to add ``Imazaquin''
to the title for 40 CFR 180.426. EPA is also proposing to revise the
current tolerance expression in to describe more clearly the scope or
coverage of the tolerances and the method for measuring compliance.
Consistent with EPA policy, the revised tolerance expression will
clarify (1) that, as provided in FFDCA section 408(a)(3), the tolerance
covers metabolites and degradates of imazaquin not specifically
mentioned; and (2) that compliance with the specified tolerance levels
is to be determined by measuring the specific compounds mentioned in
the tolerance expression. In addition, EPA is proposing to add a table
to paragraph (a)(1) and to update the commodity definition from
``Soybean'' to ``Soybean, seed.'' The revisions to the tolerance
expression and commodity definition for soybean do not substantively
change the tolerance or, in any way, modify the permissible level of
residues permitted by the tolerances.
During registration review, EPA assessed the risks from exposure to
imazaquin, taking into consideration all reliable data on toxicity and
exposure, including for infants and children. Based on the supporting
risk assessments and registration review documents, which demonstrate
that the aggregate exposure is below the Agency's level of concern, EPA
concludes there is a reasonable certainty that no harm will result to
the general population, or specifically to infants and children, from
aggregate exposure to imazaquin residues. Thus, EPA has determined that
the tolerances for residues of imazaquin are safe. Adequate enforcement
methodology as described in the supporting documents is available to
enforce the tolerance expression. For further details, see Imazaquin:
Draft Human Health Risk Assessment for Registration Review, which can
be accessed using the docket ID number listed in the heading of this
unit.
M. Phenmedipham, Case 0277 (Docket ID No. EPA-HQ-OPP-2014-0546)
EPA is proposing to revise the current tolerance expression for
phenmedipham in 40 CFR 180.278 to describe more clearly the scope or
coverage of the tolerances and the method for measuring compliance.
Consistent with EPA policy, the revised tolerance expression will
clarify that (1) as provided in FFDCA section 408(a)(3), the tolerances
cover metabolites and degradates of phenmedipham not specifically
mentioned; and (2) compliance with the specified tolerance levels is to
be determined by measuring the specific compounds mentioned in the
tolerance expression. The revision to the tolerance expression does not
substantively change the tolerances or, in any way, modify the
permissible level of residues permitted by the tolerances.
During registration review, EPA assessed the risks from exposure to
phenmedipham, taking into consideration all reliable data on toxicity
and exposure, including for infants and children. Based on the
supporting risk assessments and registration review documents, which
demonstrate that the aggregate exposure is below the Agency's level of
concern, EPA concludes there is a reasonable certainty that no harm
will result to the general population, or specifically to infants and
children, from aggregate exposure to phenmedipham residues. Thus, EPA
has determined that the tolerances for residues of phenmedipham are
safe. Adequate enforcement methodology as described in the supporting
documents is available to enforce the tolerance expression. For further
details, see Phenmedipham Scoping Document and Draft Human Health Risk
Assessment in Support of Registration Review, which can be accessed
using the docket ID number listed in the heading of this unit.
N. Pyrithiobac-sodium, Case 7239 (Docket ID No. EPA-HQ-OPP-2011-0661)
EPA is proposing to revise the current tolerance expression for
pyrithiobac-sodium to describe more clearly the scope or coverage of
the tolerances and the method for measuring compliance. Consistent with
EPA policy, the revised tolerance expression will clarify that (1) as
provided in FFDCA section 408(a)(3), the tolerances cover metabolites
and degradates of pyrithiobac-sodium not specifically mentioned; and
(2) that compliance with the specified tolerance levels is to be
determined by measuring the specific compounds mentioned in the
tolerance expression. The revisions to the tolerance expression do not
substantively change the tolerance or, in any way, modify the
permissible level of residues permitted by the tolerances. EPA is also
proposing to add a hyphen in the chemical name used in the heading in
40 CFR 180.487, to read ``pyrithiobac-sodium.''
During registration review, EPA assessed the risks from exposure to
pyrithiobac-sodium, taking into consideration all reliable data on
toxicity and exposure, including for infants and children. Based on the
supporting risk assessments and registration review documents, which
demonstrate that the aggregate exposure is below the Agency's level of
concern, EPA concludes there is a reasonable certainty that no harm
will result to the general population, or specifically to infants and
children, from aggregate exposure to pyrithiobac-sodium residues. Thus,
EPA has determined that the tolerances for residues of pyrithiobac-
sodium are safe. Adequate enforcement methodology as described in the
supporting documents is available to enforce the tolerance expression.
For further details, see Pyrithiobac-Sodium: Human Health Draft Risk
Assessment for Registration Review, which can be accessed using the
docket ID number listed in the heading of this unit.
O. Quinoxyfen, Case 7037 (Docket ID No. EPA-HQ-OPP-2013-0771)
EPA is proposing to convert existing crop group tolerances for
residues of quinoxyfen in 40 CFR 180.588 to updated crop group
tolerances. EPA is proposing to convert the existing crop group
``Fruit, stone, group 12'' to the updated crop group ``Fruit, stone,
group 12-12''. This conversion would modify existing tolerances for
commodities in that crop group and establish new tolerances for
commodities in the updated crop group. 40 CFR 180.40(j) states that
``At appropriate times, EPA will amend tolerances for crop groups that
have been superseded by revised crop groups to conform the pre-existing
crop group to the revised crop group.'' EPA has indicated in updates to
its crop group rulemakings that registration review is one of those
appropriate times. See, e.g., Tolerance Crop Grouping Program V, 85 FR
70976, 70982 (Nov. 6, 2020). As part of registration review, EPA
identified tolerances for residues of quinoxyfen in or on commodities
in crop groups that have been updated since those tolerances were
initially
[[Page 47173]]
established. In addition, as indicated above, EPA is removing the
trailing zero from the current ``Fruit, stone, group 12'' tolerance, so
that it will be 0.7 ppm, to be consistent with the OECD Rounding Class
Practice.
During registration review, EPA assessed the risks from exposure to
quinoxyfen, taking into consideration all reliable data on toxicity and
exposure, including for infants and children. Based on the supporting
risk assessments and registration review documents, which demonstrate
that the aggregate exposure is below the Agency's level of concern, EPA
concludes there is a reasonable certainty that no harm will result to
the general population, or specifically to infants and children, from
aggregate exposure to quinoxyfen residues. Thus, EPA has determined
that the tolerances for residues of quinoxyfen are safe. Adequate
enforcement methodology as described in the supporting documents is
available to enforce the tolerance expression. For further details, see
Quinoxyfen. Draft Human Health Risk Assessment for Registration Review,
which can be accessed using the docket ID number listed in the heading
of this unit.
P. Tefluthrin, Case 7409 (Docket ID No. EPA-HQ-OPP-2012-0501)
EPA is proposing to revise the current tolerance expression for
tefluthrin in 40 CFR 180.440 to describe more clearly the scope or
coverage of the tolerances and the method for measuring compliance.
Consistent with EPA policy, the revised tolerance expression will
clarify that (1) as provided in FFDCA section 408(a)(3), the tolerance
covers metabolites and degradates of tefluthrin not specifically
mentioned; and (2) compliance with the specified tolerance levels is to
be determined by measuring the specific compounds mentioned in the
tolerance expression. The revisions to the tolerance expression do not
substantively change the tolerance or, in any way, modify the
permissible level of residues permitted by the tolerances.
During registration review, EPA assessed the risks from exposure to
tefluthrin, taking into consideration all reliable data on toxicity and
exposure, including for infants and children. Based on the supporting
risk assessments and registration review documents, which demonstrate
that the aggregate exposure is below the Agency's level of concern, EPA
concludes there is a reasonable certainty that no harm will result to
the general population, or specifically to infants and children, from
aggregate exposure to tefluthrin residues. Thus, EPA has determined
that the tolerances for residues of tefluthrin are safe. Adequate
enforcement methodology as described in the supporting documents is
available to enforce the tolerance expression. For further details, see
Tefluthrin. Revised Human Health Risk Assessment, which can be accessed
using the docket ID number listed in the heading of this unit.
Q. Uniconazole-P, Case 7007 (Docket ID No. EPA-HQ-OPP-2015-0729)
The Agency is proposing to revise the tolerance expression for
uniconazole-P to describe more clearly the scope or coverage of the
tolerance and the method for measuring compliance. Consistent with EPA
policy, the revised tolerance expression will clarify that (1) as
provided in FFDCA section 408(a)(3), the tolerance covers metabolites
and degradates of uniconazole-P not specifically mentioned; and (2) in
40 CFR 180.643 compliance with the specified tolerance level is to be
determined by measuring the specific compounds mentioned in the
tolerance expression. The Agency is also proposing to convert the
existing crop group tolerance for ``Vegetable, fruiting, group 8'' to
the updated crop group tolerance for ``Vegetable, fruiting, group 8-
10.'' The tolerance level of 0.01 ppm would remain the same. 40 CFR
180.40(j) states that ``At appropriate times, EPA will amend tolerances
for crop groups that have been superseded by revised crop groups to
conform the pre-existing crop group to the revised crop group.'' EPA
has indicated in updates to its crop group rulemakings that
registration review is one of those appropriate times. See, e.g.,
Tolerance Crop Grouping Program V, (85 FR 70976, 70982) (Nov. 6, 2020).
Additionally, EPA is proposing to clarify the chemical name in the
title in 40 CFR 180.643 from ``Uniconazole'' to ``Uniconazole-P'' to
more accurately reflect the chemical covered by the tolerances in that
section.
During registration review, EPA assessed the risks from exposure to
uniconazole-P, taking into consideration all reliable data on toxicity
and exposure, including for infants and children. Based on the
supporting risk assessments and registration review documents, which
demonstrate that the aggregate exposure is below the Agency's level of
concern, EPA concludes there is a reasonable certainty that no harm
will result to the general population, or specifically to infants and
children, from aggregate exposure to uniconazole-P residues. Thus, EPA
has determined that the tolerances for residues of uniconazole-P are
safe. Adequate enforcement methodology as described in the supporting
documents is available to enforce the tolerance expression. For further
detail, see Uniconazole-P. Draft Human Health Risk Assessment for
Registration Review, which can be accessed using the docket ID number
listed in the heading of this unit.
IV. Proposed Effective Date
EPA is proposing that these tolerance actions would become
effective six months after the date of publication of the final rule in
the Federal Register. EPA is proposing this effective date to allow a
reasonable interval for producers in exporting members of the World
Trade Organization's (WTO's) Sanitary and Phytosanitary (SPS) Measures
Agreement to adapt to the requirements of certain actions being taken
in the final rule.
V. Statutory and Executive Order Reviews
Additional information about these statutes and Executive Orders
can be found at https://www2.epa.gov/laws-regulations/laws-and-executive-orders.
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulations and Regulatory Review
The Office of Management and Budget (OMB) has exempted these types
of actions (e.g., the establishment and modification of a tolerance and
tolerance revocations for which extraordinary circumstances do not
exist) from review under Executive Orders 12866 (58 FR 51735, October
4, 1993) and 13563 (76 FR 3821, January 21, 2011). This exemption
applies for the tolerance revocations in this proposed rule because the
Agency knows of no extraordinary circumstances that warrant
reconsideration of this exemption for those actions.
B. Paperwork Reduction Act (PRA)
This action does not impose an information collection burden under
the PRA 44 U.S.C. 3501 et seq., because it does not contain any
information collection activities (i.e., no recordkeeping, reporting or
third-party disclosure requirements).
C. Regulatory Flexibility Act (RFA)
I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA, 5
U.S.C. 601 et seq. In making this determination, EPA concludes that the
impact of concern for
[[Page 47174]]
this rule is any significant adverse economic impact on small entities
subject to the requirements of this action and that the Agency is
certifying that this rule will not have a significant economic impact
on a substantial number of small entities because the rule has no net
burden on small entities subject to the rule.
This takes into account an EPA analysis for tolerance
establishments and modifications that published in the Federal Register
of May 4, 1981 (46 FR 24950) (FRL-1809-5) and for tolerance revocations
on December 17, 1997 (62 FR 66020) (FRL-5753-1). Furthermore, for the
pesticides named in this proposed rule, the Agency knows of no
extraordinary circumstances that exist as to the present proposed rule
that would change EPA's previous analysis. Additionally, in a
memorandum dated May 25, 2001, EPA determined that eight conditions
must all be satisfied in order for an import tolerance or tolerance
exemption revocation to adversely affect a significant number of small
entity importers, and that there is a negligible joint probability of
all eight conditions holding simultaneously with respect to any
particular revocation. See Memorandum from Denise Keehner, Division
Director, Biological and Economic Analysis Division, Office of
Pesticide Programs to Public Docket concerning Tolerance Revocation
Rulemaking, Proposed or Final, ``RFA/SBREFA Certification for Import
Tolerance Revocation'', dated May 25, 2001, which is available in the
docket. Any comments about the Agency's determination should be
submitted to the EPA along with comments on the proposed rule and will
be addressed prior to issuing a final rule.
D. Unfunded Mandates Reform Act (UMRA)
This action does not contain an unfunded mandate or impose an
enforceable duty on any state, local or tribal government as described
in UMRA, 2 U.S.C. 1531-1538, and will not significantly or uniquely
affect small governments. Accordingly, this rule is not subject to the
requirements of sections 202, 203, or 205 of UMRA.
E. Executive Order 13132: Federalism
This action does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999), because it will
not have substantial direct effects on the states, on the relationship
between the national government and the states, or on the distribution
of power and responsibilities among the various levels of government.
This proposed rule directly regulates growers, food processors, food
handlers, and food retailers, not States.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000), because it will
not have substantial direct effects on tribal governments, on the
relationship between the Federal government and the Indian tribes, or
on the distribution of power and responsibilities between the Federal
government and Indian tribes.
G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997)
as applying only to those regulatory actions that concern environmental
health or safety risks that the EPA has reason to believe may
disproportionately affect children, per the definition of ``covered
regulatory action'' in section 2-202 of the Executive Order. This
action is not subject to Executive Order 13045 because it is not
economically significant as defined in Executive Order 12866 and
because the EPA does not believe the environmental health or safety
risks addressed by this action present a disproportionate risk to
children. Chemical specific health and safety risk assessments for each
chemical are discussed in section III. Proposed Tolerance Actions.
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution or Use
This action is not a ``significant energy action'' as defined in
Executive Order 13211 (66 FR 28355, May 22, 2001) because it is not
likely to have a significant adverse effect on the supply, distribution
or use of energy and has not otherwise been designated as a significant
energy action by the Administrator of the Office of Information and
Regulatory Affairs.
I. National Technology Transfer Advancement Act (NTTAA)
This action does not involve technical standards that would require
Agency consideration under NTTAA section 12(d), 15 U.S.C. 272.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
In accordance with Executive Order 12898 (59 FR 7629, February 16,
1994) and Executive Order 14008 (86 FR 7619, January 27, 2021), EPA
finds that this action will not result in disproportionately high and
adverse human health, environmental, climate-related, or other
cumulative impacts on disadvantaged communities.
List of Subjects in 40 CFR Part 180
Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.
Dated: July 21, 2022.
Edward Messina,
Director, Office of Pesticide Programs.
For the reasons set forth in the preamble, EPA is proposing to
amend 40 CFR chapter I as follows:
PART 180--TOLERANCES AND EXEMPTIONS FOR PESTICIDE CHEMICAL RESIDUES
IN FOOD
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. Amend Sec. 180.178 by:
0
a. Revising the introductory text in paragraph (a);
0
b. Adding the table heading ``Table 1 to Paragraph (a)''.
The revision and addition read as follows:Sec. 180.178 Ethoxyquin;
tolerances for residues.
(a) General. Tolerances are established for residues of ethoxyquin,
including its metabolites and degradates, in or on the commodities in
table 1 to this paragraph (a). Compliance with the tolerance levels
specified in table 1 is to be determined by measuring only ethoxyquin
(1,2-dihydro-6-ethoxy-2,2,4-trimethylquinoline) in or on the commodity.
Table 1 to Paragraph (a)
* * * * *
0
3. Amend Sec. 180.181 by:
0
a. Revising the introductory text in paragraph (a)(1);
0
b. Adding the table heading ``Table 1 to Paragraph (a)(1)'';
0
c. Revising the introductory text in paragraph (a)(2);
0
d. Adding the table heading ``Table 2 to Paragraph (a)(2)''; and
0
e. Removing the entries in table 2 for ``Hog, fat''; ``Hog, kidney'';
``Hog, meat'', and ``Hog, meat byproducts except kidney''.
[[Page 47175]]
The revisions and additions read as follows:
Sec. 180.181 Chlorpropham; tolerances for residues.
(a) General. (1) Tolerances are established for residues of the
plant regulator and herbicide chlorpropham, including its metabolites
and degradates. Compliance with the tolerance levels is to be
determined by measuring only chlorpropham (1-methylethyl N-(3-
chlorophenyl)carbamate), in or on the following raw agricultural
commodities:
Table 1 to Paragraph (a)(1)
* * * * *
(2) Tolerances are established for residues of the plant regulator
and herbicide chlorpropham, including its metabolites and degradates.
Compliance with the tolerance levels is to be determined by measuring
only the sum of chlorpropham (1-methylethyl N-(3- chlorophenyl)
carbamate) and its metabolite 4'-hydroxychlorpropham-O-sulfonic acid,
calculated as the stoichiometric equivalent of chlorpropham, in or on
the following raw agricultural commodities:
Table 2 to Paragraph (a)(2)
* * * * *
0
4. Amend Sec. 180.208, by:
0
a. Revising the introductory text in paragraph (a); and
0
b. Adding the table heading ``Table 1 to Paragraph (a)''.
The revisions and addition read as follows:
Sec. 180.208 Benfluralin; tolerances for residues.
(a) General. Tolerances are established for residues of
benfluralin, including its metabolites and degradates, in or on the
commodities in table 1 to this paragraph (a). Compliance with the
tolerance levels specified in table 1 is to be determined by measuring
only benfluralin, N-butyl-N-ethyl-2,6-dinitro-4-
(trifluoromethyl)benzenamine.
Table 1 to Paragraph (a)
* * * * *
0
5. Amend Sec. 180.258, by:
0
a. Revising the introductory text in paragraph (a);
0
b. Adding the table heading ``Table 1 to Paragraph (a)''; and
0
c. Removing the expired tolerances in Table 1 for ``Banana''; ``Corn,
sweet, forage'';
``Corn, sweet, kernel plus cob with husks removed'', and ``Corn,
sweet, stover''.
The revisions and addition read as follows:
Sec. 180.258 Ametryn; tolerances for residues.
(a) General. Tolerances are established for residues of the
herbicide ametryn, including its metabolites and degradates, in or on
the commodities listed in the following table 1 to paragraph (a).
Compliance with the tolerance levels specified in table 1 is to be
determined by measuring only ametryn (N-ethyl-N '-(1-methylethyl)-6-
(methylthio)-1,3,5-triazine-2,4-diamine), in or on the following
commodities:
Table 1 to Paragraph (a)
* * * * *
0
6. Amend Sec. 180.278, by:
0
a. Revising the introductory text in paragraph (a); and
0
b. Adding a table heading ``Table 1 to Paragraph (a)''.
The revisions and addition read as follows:
Sec. 180.278 Phenmedipham; tolerances for residues.
(a) General. Tolerances are established for the residues of the
herbicide phenmedipham, including its metabolites and degradates, in/on
the commodities in table 1 to this paragraph (a). Compliance with the
tolerance levels specified are to be determined by measuring only
phenmedipham (3-methoxycarbonylaminophenyl-3-methylcarbanilate), in or
on the commodities.
Table 1 to Paragraph (a)
* * * * *
0
7. Amend Sec. 180.355, by:
0
a. Revising the introductory text in paragraph (a)(1);
0
b. Adding the table heading ``Table 1 to Paragraph (a)(1)'';
0
c. Revising the introductory text in paragraph (a)(2); and
0
d. Adding the table heading ``Table 2 to Paragraph (a)(2)''.
The revisions and additions read as follows:
Sec. 180.355 Bentazon; tolerances for residues.
(a) General. (1) Tolerances are established for residues of
bentazon, including its metabolites and degradates, in or on the
commodities in table 1 to this paragraph (a)(1). Compliance with the
tolerance levels specified in table 1 is to be determined by measuring
only the sum of bentazon (3-(1-methylethyl)-1H-2,1,3-benzothiadiazin-
4(3H)-one 2,2-dioxide) and its metabolites 6-hydroxy bentazon (6-
hydroxy-3-(1-methylethyl)-1H-2,1,3-benzothiadiazin-4(3H)-one 2,2-
dioxide) and 8-hydroxy bentazon (8-hydroxy-3-(1-methylethyl)-1H-2,1,3-
benzothiadiazin-4(3H)-one 2,2-dioxide), calculated as the
stoichiometric equivalent of bentazon, in or on the following
commodities:
Table 1 to Paragraph (a)(1)
* * * * *
(2) Tolerances are established for residues of bentazon, including
its metabolites and degradates, in or on the commodities in table 2 to
this paragraph (a)(2). Compliance with the tolerance levels specified
in table 2 is to be determined by measuring only the sum of bentazon
(3-(1-methylethyl)-1H-2,1,3-benzothiadiazin- 4(3H)-one 2,2-dioxide) and
its metabolite 2-amino-N-isopropyl benzamide, calculated as the
stoichiometric equivalent of bentazon, in or on the following
commodities:
Table 2 to Paragraph (a)(2)
* * * * *
0
8. Amend Sec. 180.395, by:
0
a. Revising the heading;
0
b. Revising the introductory text in paragraph (a); and
0
c. Adding the table heading ``Table 1 to Paragraph (a)''.
The revisions and addition read as follows:
Sec. 180.395 Hydramethylnon (pyrimidinone); tolerances for residues.
(a) General. Tolerances are established for residues of
hydramethylnon, including its metabolites and degradates, in or on the
commodities in table 1 to this paragraph (a). Compliance with the
tolerance levels specified in Table 1 is to be determined by measuring
only hydramethylnon, (tetrahydro-5,5-dimethyl-2(1H)-pyrimidinone(3-(4-
(trifluoromethyl)phenyl)-1-(2-(4- (trifluoromethyl)phenyl)ethenyl)-2-
propenylidene) hydrazone), in or on the commodity:
Table 1 to Paragraph (a)
* * * * *
0
9. Revise Sec. 180.426 to read as follows:
Sec. 180.426 Imazaquin 2-[4,5-Dihydro-4-methyl-4-(1-methylethyl)-5-
oxo-1H-imidazol-2-yl]-3-quinoline carboxylic acid; tolerance for
residues.
(a) General. Tolerances are established for the combined residues
of the herbicide imazaquin, 2-[4,5-dihydro-4-methyl-4-(1-methylethyl)-
5-oxo-1H-imidazol-2-yl]-3-quinoline carboxylic acid, including its
metabolites and degradates in or on the commodities in table 1 to this
paragraph (a). Compliance with the tolerance levels specified in table
1 is to be determined by measuring only imazaquin.
[[Page 47176]]
Table 1 to Paragraph (a)
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Soybean, seed.......................................... 0.05
------------------------------------------------------------------------
(b) [Reserved]
0
10. Amend Sec. 180.440, by:
0
a. Revising introductory text in paragraph (a); and
0
b. Adding the table heading ``Table 1 to Paragraph (a)''.
The revisions and addition read as follows:
Sec. 180.440 Tefluthrin; tolerances for residues.
(a) General. Tolerances are established for residues of the
insecticide tefluthrin, including its metabolites and degradates, in or
on the commodities in table 1 to this paragraph (a). Compliance with
the tolerance levels specified in table 1 is to be determined by
measuring only the sum of tefluthrin [(2,3,5,6-tetrafluoro-4-
methylphenyl)methyl (1R,3R)-rel-3-[(1Z)-2-chloro-3,3,3-trifluoro-1-
propen-1-yl]-2,2-dimethylcyclopropanecarboxylate] and its metabolite
(Z)-()-3-(2-chloro-3,3,3-trifluoro-1-propenyl)-2,2-
dimethyl-cyclopropanecarboxylic acid, calculated as the stoichiometric
equivalent of tefluthrin, in or on the commodity.
Table 1 to Paragraph (a)
* * * * *
0
11. Amend Sec. 180.445, by:
0
a. Revising the heading;.
0
b. Revising the introductory text in paragraph (a); and
0
c. Adding the table heading ``Table 1 to Paragraph (a)''.
The revisions and addition read as follows:
Sec. 180.445 Bensulfuron-methyl; tolerances for residues.
(a) General. Tolerances are established for residues of
bensulfuron-methyl, including its metabolites and degradates, in or on
the commodities in table 1 to this paragraph (a). Compliance with the
tolerance levels specified in table 1 is to be determined by measuring
only bensulfuron-methyl [methyl 2-[[[[[(4,6-dimethoxy-2-
pyrimidinyl)amino]*carbonyl]amino]sulfonyl]methyl]benzoate].
Table 1 to Paragraph (a)
* * * * *
0
12. In Sec. 180.466 amend the table in paragraph (a) by:
0
a. Adding the table heading ``Table 1 to Paragraph (a)''; and
0
a. Removing the entries for ``Cherry, sweet''; and ``Cherry, tart''.
0
b. Adding in alphabetical order the entry ``Cherry, subgroup 12-12A''.
0
c. Removing the entries for ``Fruit, stone, crop group 12, except
cherry''; and ``Nut, tree, crop group 14''.
0
d. Adding in alphabetical order the entries for ``Nut, tree, crop group
14-12''; ``Peach, subgroup 12-12B''; and ``Plum subgroup 12-12C''.
The additions read as follows:
Sec. 180.466 Fenpropathrin; tolerances for residues.
(a) * * *
Table 1 to Paragraph (a)
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
* * * * *
Cherry, subgroup 12-12A................................. 5
* * * * *
Nut, tree, crop group 14-12............................. 0.15
* * * * *
Peach, subgroup 12-12B.................................. 1.4
* * * * *
Plum subgroup 12-12C.................................... 1.4
* * * * *
------------------------------------------------------------------------
* * * * *
0
13. Amend Sec. 180.487, by:
0
a. Revising the heading.
0
b. Revising the introductory text in paragraph (a); and
0
c. Adding the table heading ``Table 1 to Paragraph (a)''.
The revisions and addition read as follows:
Sec. 180.487 Pyrithiobac-sodium; tolerances for residues.
(a) General. Tolerances are established for residues of the
herbicide pyrithiobac-sodium, including its metabolites and degradates,
in or on the commodities in table 1 to this paragraph (a). Compliance
with the tolerance levels specified in table 1 is to be determined by
measuring only pyrithiobac-sodium (sodium 2-chloro-6-[(4,6-dimethoxy-2-
pyrimidinyl)thio]benzoate), in or on the following commodities:
Table 1 to Paragraph (a)
* * * * *
0
14. Amend Sec. 180.533, by:
0
a. Revising the introductory text in paragraph (a)(1);
0
b. Adding the table heading ``Table 1 to Paragraph (a)'';
0
c. Revising the introductory text in paragraph (a)(2);
0
d. Revising the introductory text in paragraph (c), and
0
e. Adding the table heading ``Table 2 to Paragraph (c)''.
The revisions and additions read as follows:
Sec. 180.533 Esfenvalerate; tolerances for residues.
(a) General. (1) Tolerances are established for the combined
residues of the insecticide esfenvalerate, including its metabolites
and degradates in or on food commodities in table 1 to this paragraph
(a)(1). Compliance with the tolerance levels specified in table 1 is to
be determined by measuring only the sum of esfenvalerate, (S)-cyano(3-
phenoxyphenyl)methyl-(S)-4-chloro-[alpha]-(1-methylethyl)
benzeneacetate, its non-racemic isomer, (R)-cyano(3-
phenoxyphenyl)methyl-(R)-4-chloro-[alpha]-(1-methylethyl)
benzeneacetate and its diastereomers (S)-cyano (3-phenoxyphenyl)methyl-
(R)-4-chloro-[alpha]-(1-methylethyl) benzeneacetate and (R)-cyano (3-
phenoxyphenyl)methyl-(S)-4-chloro-[alpha]-(1-methylethyl)
benzeneacetate, expressed as the stoichiometric equivalent of
esfenvalerate in or on food commodities as follows:
Table 1 to Paragraph (a)(1)
* * * * *
(2) A tolerance of 0.05 ppm on raw agricultural food commodities
(other than those food commodities already covered by a higher
tolerance as a result of use on growing crops) is established for the
combined residues of the insecticide esfenvalerate. Compliance with the
tolerance levels specified in table1 is to be determined by measuring
only the sum of esfenvalerate, (S)-cyano(3-phenoxyphenyl)methyl-(S)-4-
chloro-[alpha]-(1-methylethyl)benzeneacetate, its non-racemic isomer,
(R)-cyano(3-phenoxyphenyl)methyl-(R)-4-chloro-[alpha]-(1-
methylethyl)benzeneacetate and its diastereomers (S)-cyano(3-
phenoxyphenyl)methyl-(R)-4-chloro-[alpha]-(1-methylethyl)benzeneacetate
and (R)-cyano(3-phenoxyphenyl)methyl-(S)-4-chloro-[alpha]-(1-
methylethyl)benzeneacetate expressed as the stoichiometric equivalent
of esfenvalerate, as a result of the use of esfenvalerate in food-
handling establishments.
* * * * *
(c) Tolerances with regional registrations. Tolerances with
regional registration are established for the combined residues of the
insecticide esfenvalerate. Compliance with the tolerance levels
specified in table 2 is to be determined by measuring only the sum of
esfenvalerate, (S)-cyano(3-phenoxyphenyl)methyl-(S)-4-chloro-[alpha]-
(1-methylethyl)benzeneacetate, its non-racemic isomer, (R)-cyano(3-
[[Page 47177]]
phenoxyphenyl)methyl-(R)-4-chloro-[alpha]-(1-methylethyl)benzeneacetate
and its diastereomers (S)-cyano(3-phenoxyphenyl)methyl-(R)-4-chloro-
[alpha]-(1-methylethyl)benzeneacetate and (R)-cyano(3-
phenoxyphenyl)methyl-(S)-4-chloro-[alpha]-(1-
methylethyl)benzeneacetate, expressed as the stoichiometric equivalent
of esfenvalerate in or on food commodities as follows:
Table 2 to Paragraph (c)
* * * * *
0
15. Amend Sec. 180.543, by:
0
a. Revising the introductory text in paragraph (a); and
0
b. Adding the table heading ``Table 1 to Paragraph (a)''.
The revisions and addition read as follows:
Sec. 180.543 Diclosulam; tolerances for residues.
(a) General. Tolerances are established for residues of diclosulam,
including its metabolites and degradates, in or on the commodities in
table 1 to this paragraph (a). Compliance with the tolerance levels
specified in table 1 is to be determined by measuring only diclosulam
[N-(2,6-dichlorophenyl)-5-ethoxy-7-fluoro[l,2,4] triazolo[l,5-
c]pyrimidine-2-sulfonamide] in or on the following commodities:
Table 1 to Paragraph (a)
* * * * *
0
16. Amend Sec. 180.577, by:
0
a. Adding the table heading ``Table 1 to Paragraph (a)''.
0
b. Removing the entry in paragraph (a) for ``Fish, freshwater''; and
0
c. Adding the entry for ``Fish, freshwater, finfish''.
The additions read as follows:
Sec. 180.577 Bispyribac-sodium; tolerances for residues.
(a) * * *
Table 1 to Paragraph (a)
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Fish, freshwater, finfish.............................. 0.01
* * * * *
------------------------------------------------------------------------
* * * * *
0
17. Amend Sec. 180.588, by:
0
a. Adding the table heading ``Table 1 to Paragraph (a)'';
0
b. Removing the entry in paragraph (a) for ``Fruit, stone, group 12'';
and
0
c. Adding the entry ``Fruit, stone, group 12-12''.
The additions read as follows:
Sec. 180.588 Quinoxyfen; tolerances for residues.
(a) * * *
Table 1 to Paragraph (a)
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
* * * * *
Fruit, stone, group 12-12.............................. 0.7
* * * * *
------------------------------------------------------------------------
* * * * *
0
18. Amend Sec. 180.643, by:
0
a. Revising the heading.
0
b. Revising the introductory text in paragraph (a);
0
c. Adding the table heading ``Table 1 to Paragraph (a)'';
0
d. Removing the entry for ``Vegetable, fruiting, group 8''; and
0
e. Adding the entry for ``Vegetable, fruiting, group 8-10''.
The revisions and additions read as follows:
Sec. 180.643 Uniconazole-P; tolerances for residues.
(a) General. Tolerances are established for residues of the
fungicide/plant growth regulator uniconazole-P, including its
metabolites and degradates, in or on the commodities listed in Table 1.
Compliance with the tolerance levels specified in table 1 is to be
determined by measuring only the sum of uniconazole-P
[([alpha]S,[beta]E)-[beta]-[(4-chlorophenyl)methylene]-[alpha]-(1,1-
dimethylethyl)-1H-1,2,4-triazole-1-ethanol], and its R-enantiomer and
Z-isomer.
Table 1 to Paragraph (a)
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Vegetable, fruiting, group 8-10........................ 0.01
------------------------------------------------------------------------
* * * * *
[FR Doc. 2022-16165 Filed 8-1-22; 8:45 am]
BILLING CODE 6560-50-P