[Federal Register Volume 88, Number 137 (Wednesday, July 19, 2023)]
[Rules and Regulations]
[Pages 46077-46086]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14692]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2017-0128; FRL-10840-01-OCSPP]
RIN 2070-ZA16


Pesticide Tolerances; Implementing Registration Review Decisions 
for Certain Pesticides; Aluminum tris (O-ethylphosphonate), Carbon 
disulfide, et al.

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is finalizing 
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). The tolerance actions and 
pesticide active ingredients addressed in this final rule are 
identified in Unit I.B. and discussed in detail in Unit III. of this 
document.

DATES: This regulation is effective July 19, 2023. Objections and 
requests for hearings must be received on or before September 18, 2023 
and must be filed in accordance with the instructions provided in 40 
CFR part 178 (see also Unit IV. of this document).

ADDRESSES: The docket for this action, identified by docket 
identification (ID) number EPA-HQ-OPP-2017-0128, is available online at 
https://www.regulations.gov or in person 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. Additional instructions for visiting the docket, along with 
more information about dockets generally, is available at https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Christina Scheltema, Pesticide Re-
Evaluation Division (7508M), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave, NW, Washington, 
DC 20460-0001; telephone number: (202) 566-2272; 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).

[[Page 46078]]

B. What action is the Agency taking?

    EPA is finalizing several tolerance actions that the Agency 
determined were necessary or appropriate during the registration review 
of several pesticide active ingredients. A ``tolerance'' represents the 
maximum level for residues of pesticide chemicals legally allowed in or 
on raw agricultural commodities and processed foods. Under the Federal 
Food, Drug, and Cosmetic Act (FFDCA), residues of a pesticide chemical 
that are not covered by a tolerance or exemption from the requirement 
of a tolerance render food adulterated and may not be distributed in 
interstate commerce. See 21 U.S.C. 331, 342, 346a(1).
    This rule finalizes actions that were proposed in 2017 (82 FR 
42531, September 8, 2017 (FRL-9963-03)), with a few exceptions 
discussed in more detail in Unit III. 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 FFDCA, 21 U.S.C. 346a. 
Specifically, as discussed in more detail in Unit III., EPA is 
finalizing the following actions:
     Revoking certain tolerances for aluminum tris (O-
ethylphosphonate), carbon disulfide, cyromazine, dichlobenil, 
oxydemeton-methyl, propachlor, and thiodicarb, and a tolerance 
exemption for d-limonene;
     Modifying certain tolerances for aluminum tris (O-
ethylphosphonate), cyromazine, and sulfentrazone;
     Establishing new tolerances for aluminum tris (O-
ethylphosphonate), cyromazine, and dichlobenil, and new tolerance 
exemptions for d-limonene and tartrazine;
     Revising the tolerance expressions for p-
chlorophenoxyacetic acid and dichlobenil;
     Removing expired tolerances for disulfoton; and
     Correcting the listing of a tolerance for thiacloprid.

C. What is the Agency's authority for taking this action?

    The tolerance actions contained in this final rule implement EPA 
decisions under FIFRA section 3(g), 7 U.S.C. 136a(g), which requires 
EPA 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).
    Under FFDCA section 408(e), 21 U.S.C. 346a(e), EPA may establish, 
modify, or revoke tolerances or exemptions from the requirement of a 
tolerance after providing an opportunity for public comment, which EPA 
has done here. FFDCA section 408(b) authorizes EPA to establish a 
tolerance if the Agency determines that the 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. 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.'' See 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 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.]'' See 21 U.S.C. 346a(b)(2)(C). FFDCA section 
408(b)(2)(D) contains several factors EPA must consider when making 
determinations about establishing, modifying, or revoking tolerances. 
See 21 U.S.C. 346a(b)(2)(D). FFDCA section 408(c)(2)(B) requires 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). See 21 U.S.C. 346a(c)(2)(B).
    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 in this document.

D. When do these actions become effective?

    This final rule is effective upon publication in the Federal 
Register. In addition, for certain tolerances being revoked or 
decreased, the Agency is establishing an expiration date that is six 
months from the date of publication in the Federal Register 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.
    Any commodities listed in this final rule treated with the 
pesticides subject to this final rule, and in the channels of trade 
following the tolerance revocations, shall be subject to FFDCA section 
408(l)(5), which specifies that any residues of these pesticides in or 
on such food shall not render the food adulterated so long as it is 
shown to the satisfaction of the U.S. Food and Drug Administration 
that:
    1. The residue is present as the result of an application or use of 
the pesticide at a time and in a manner that was lawful under FIFRA, 
and
    2. The residue does not exceed the level that was authorized at the 
time of the application or use to be present on the food under a 
tolerance or exemption from tolerance. Evidence to show that food was 
lawfully treated may include records that verify the dates when the 
pesticide was applied to such food.

E. Were international residue limits considered?

    When establishing a tolerance for residues of a pesticide, EPA must 
determine whether the Codex Alimentarius Commission has established a 
Maximum Residue Limit (MRL) for that pesticide. See 21 U.S.C. 
346a(b)(4). Codex 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. 
As part of registration review, EPA has considered Codex MRLs for each 
of the pesticides in this rulemaking and is harmonizing U.S. tolerances 
with those MRLs where appropriate. EPA may establish a tolerance that 
differs from a Codex MRL, provided that it explains the reasons for 
departing from the Codex level. EPA's effort to harmonize with Codex 
MRLs is summarized in the tolerance reassessment section of the 
individual human health risk assessments that support the pesticide 
registration review cases for the tolerance actions identified in this 
final rule, and EPA's reasons for departing from the Codex level is 
discussed in Unit III. where applicable.

II. Background

A. Summary of the Proposed Rule

    In 2017, EPA proposed to take several tolerance actions that the 
Agency determined were necessary or appropriate during the registration

[[Page 46079]]

review of several pesticide active ingredients (82 FR 42531, September 
8, 2017 (FRL-9963-03)). In that proposed rule, EPA proposed an 
effective date 6 months after the date of publication of the final rule 
in the Federal Register to allow a reasonable interval for producers in 
exporting members of the WTO's SPS Measures Agreement to adapt to the 
requirements of a final rule. EPA also proposed expiration dates for 
certain tolerances being revoked. At the time, the Agency believed that 
existing stocks of pesticide products labeled for the uses associated 
with the tolerances identified for revocation had been or would soon be 
completely exhausted and that treated commodities had cleared or would 
soon clear the channels of trade. As noted in Unit II.B., EPA did not 
receive any comments regarding existing stocks or whether the effective 
date or proposed expiration dates allow sufficient time for treated 
commodities to clear the channels of trade.

B. Summary of Comments Received and EPA Responses

    EPA received two comments on the proposed rule. This unit 
summarizes the comments and provides EPA's response.
    1. Comment. Bayer CropScience (BCS) questioned whether the 
tolerance level for aluminum tris (O-ethylphosphonate) in or on 
caneberry subgroup 13-07A, proposed to be established at 0.05 parts per 
million (ppm), should be 0.1 ppm because the Canadian MRL is currently 
0.1 ppm.
    EPA response. EPA's proposal to establish the caneberry subgroup 
13-07A tolerance for aluminum tris (O-ethylphosphonate) at 0.05 ppm to 
harmonize with Canada's MRL of 0.05 ppm, preceded the increase of the 
aforementioned Canadian MRL to 0.1 ppm by Health Canada's Pest 
Management Regulatory Agency (PMRA). EPA has determined that a 0.1 ppm 
level for the caneberry subgroup 13-07A tolerance for aluminum tris (O-
ethylphosphonate) is safe in a risk assessment memorandum dated 
September 27, 2021. Consequently, EPA is establishing a tolerance in 40 
CFR 180.415(a) for aluminum tris (O-ethylphosphonate) residues in or on 
caneberry subgroup 13-07A at 0.1 ppm to harmonize with the Canadian 
MRL.
    2. Comment. An anonymous commentor mentioned support for the 
proposed rule if it tightened regulations on pesticides and opposition 
if it did not.
    EPA response. Section 408 of the FFDCA authorizes EPA to establish 
tolerances for pesticide chemical residues if those tolerances are safe 
and to revoke tolerances if they are not. This commentor has provided 
no information to support a conclusion that tolerances are either safe 
or not safe.

III. Tolerance Actions

    In this final rule, the Agency is finalizing the tolerance actions 
as described in this unit.

A. 40 CFR 180.183; Disulfoton

    EPA is finalizing its proposal to remove the tolerances for 
disulfoton, which have all expired.

B. 40 CFR 180.202; p-Chlorophenoxyacetic Acid (p-CPA or 4-CPA)

    EPA is finalizing its proposal to revise the tolerance expression 
for p-chlorophenoxyacetic acid to remove the p-chlorophenol metabolite 
and to describe more clearly the scope or coverage of the tolerance and 
the method for measuring compliance.
    During registration review, EPA assessed the risks from exposure to 
p-chlorophenoxyacetic acid, 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 p-chlorophenoxyacetic acid 
residues. Thus, EPA has determined that the tolerances for residues of 
p-chlorophenoxyacetic acid are safe. Adequate enforcement methodology 
as described in the Food and Drug Administration's Pesticide Analytical 
Manual, Volume 2, is available to enforce the tolerance expression. For 
further details, see 4-Chlorophenoxyacetic acid. Human Health Risk 
Assessment in Support of Registration Review, which can be accessed 
using docket ID number EPA-HQ-OPP-2014-0544.

C. 40 CFR 180.211; Propachlor

    EPA is finalizing its proposal to revoke all tolerances for 
residues of propachlor. Because there are no U.S. registrations for 
propachlor and because the Agency received no comments requesting the 
tolerances be retained for imported commodities, these tolerances are 
no longer needed. These tolerances will expire on January 19, 2024.

D. 40 CFR 180.231; Dichlobenil

    EPA is finalizing its proposal to revise the tolerance expression 
for dichlobenil to describe more clearly the measurement and scope or 
coverage of tolerances. EPA is also finalizing its proposal to 
establish a new tolerance for dichlobenil residues in or on cherry at 
0.15 ppm, concomitant with the revocation of the tolerance for fruit, 
stone, group 12 that is no longer needed. The 0.15 ppm tolerance for 
fruit, stone, group 12 will expire on January 19, 2024. Codex has not 
established any MRLs for dichlobenil in or on cherry.
    This final rule does not include EPA's proposal to change the 
listing of significant figures for existing tolerances for dichlobenil 
because the Agency changed its rounding class practice effective March 
27, 2019. On that date, EPA adopted the rounding class practice of the 
Organization for Economic Cooperation and Development (OECD), which 
eliminates any perceived trade barriers and helps harmonize U.S. 
tolerances with international MRLs.
    During registration review, EPA assessed the risks from exposure to 
dichlobenil, 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 dichlobenil residues. Thus, EPA 
has determined that the tolerances for residues of dichlobenil are 
safe. Adequate enforcement methodology as described in the supporting 
documents is available to enforce the tolerance expression. For further 
details, see Dichlobenil--Draft Human Health Risk Assessment for 
Registration Review, which can be accessed using docket ID number EPA-
HQ-OPP-2012-0395.

E. 40 CFR 180.330; Oxydemeton-methyl (S-(2-Ethylsulfinyl)ethyl)O,O)-
dimethylphosphorothioate)

    EPA is finalizing its proposal to revoke all tolerances for 
residues of oxydemeton-methyl. Since the proposed expiration date of 
December 31, 2017, has already passed, EPA is setting the expiration 
date for these tolerances as January 19, 2024.
    EPA is not making any changes to tolerances with regard to 
significant figures or harmonization as discussed in the September 
2017, proposal since the tolerances are being revoked when they expire.

[[Page 46080]]

F. 40 CFR 180.407; Thiodicarb

    EPA is finalizing its proposal to revoke the tolerances for 
broccoli; cabbage; cauliflower; corn, sweet, kernel plus cob with husks 
removed; and vegetable, leafy, except brassica, group 4. EPA is 
establishing an expiration date of January 19, 2024, for these 
tolerances. These tolerances are no longer needed because there are no 
thiodicarb products registered in the United States labeled for use on 
these commodities and no comments were received indicating the need to 
retain these tolerances for imported commodities.

G. 40 CFR 180.414; Cyromazine

    EPA is finalizing its proposal to increase the tolerances for 
cyromazine residues in or on mango from 0.3 to 0.5 ppm, milk from 0.05 
to 0.1 ppm, and mushroom from 1.0 to 8 ppm to harmonize with Canadian 
MRLs. This final rule does not include EPA's proposal to increase 
tolerances for pepper to 3 ppm; tomato to 1 ppm; Brassica, leafy greens 
to 35 ppm; leafy vegetables, except Brassica to 10 ppm; and onion, 
bulb, subgroup 3-07A to 0.3 ppm because these actions were finalized on 
October 7, 2019 (84 FR 53316) (FRL-9999-57). As a housekeeping measure, 
EPA is modifying tolerances for bean, dry, except cowpeas; Bean, lima; 
Bean, succulent; and Broccoli to remove trailing zeroes, in accordance 
with the 2019 change in the Agency's rounding class practice.
    EPA is finalizing its proposal to consolidate the tolerances for 
meat byproducts of cattle, goat, hog, horse, and sheep to include 
kidney and to increase the tolerances from 0.2 to 0.3 ppm. EPA is also 
finalizing its proposal to revoke the tolerances for kidney of cattle, 
goat, hog, horse, and sheep; and meat byproducts, except kidney, of 
cattle, goat, hog, horse, and sheep because they are no longer needed. 
In addition, EPA is finalizing its proposal to increase tolerances for 
cyromazine residues in or on egg from 0.25 to 0.3 ppm; meat of cattle, 
goat, hog, horse, and sheep from 0.05 to 0.3 ppm; poultry, meat (from 
chicken layer hens and chicken breeder hens only) from 0.05 to 0.1 ppm; 
poultry, meat byproducts (from chicken layer hens and chicken breeder 
hens only) from 0.05 to 0.2 ppm; and vegetable, cucurbit, group 9 from 
1.0 to 2 ppm. As a housekeeping measure, EPA is removing the tolerance 
for onion, potato, which has expired.
    To address inadvertent residues of cyromazine used as a feed-
through fly control agent for chicken manure used as a fertilizer, EPA 
is finalizing its proposal to establish tolerances for indirect and 
inadvertent residues of cyromazine resulting from crops grown in soil 
amended with cyromazine-treated fertilizer, to redesignate 40 CFR 
180.414(d) as 180.414(d)(1), and to establish a new paragraph and table 
in 40 CFR 180.414(d)(2). EPA is establishing tolerances at 0.6 ppm for 
grain, cereal, forage, fodder and straw, group 16; grain, cereal, group 
15; herbs and spices, group 19; oilseed, group 20; onion, bulb, 
subgroup 3-07A; strawberry; vegetable, foliage of legume, group 7; 
vegetable, fruiting, group 8-10; vegetable, leaves of root and tuber, 
group 2; vegetable, legume, group 6; and vegetable, root and tuber, 
group 1.
    This final rule does not include EPA's proposal to change the 
listing of significant figures for tolerances of cyromazine because the 
Agency changed its rounding class practice in 2019. Nor does it include 
EPA's proposal to establish tolerances for indirect or inadvertent 
residues for cotton, undelinted seed at 0.10 ppm; corn, sweet kernel 
plus cob with husks removed; corn sweet forage; corn, sweet stover; 
radish roots; and radish, tops, all at 50 ppm because these actions 
were finalized on October 7, 2019 (84 FR 53316) (FRL-9999-57).
    During registration review, EPA assessed the risks from exposure to 
cyromazine, 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 cyromazine residues. Thus, EPA has determined 
that the tolerances for residues of cyromazine are safe. Adequate 
enforcement methodology as described in the supporting documents is 
available to enforce the tolerance expression. For further details, see 
Cyromazine: Human Health Risk Assessment for Registration Review, which 
can be accessed using docket ID number EPA-HQ-OPP-2006-0108 and the 
October 7, 2019, final rule, Pesticide Tolerances: Cyromazine.

H. 40 CFR 180.415; Aluminum Tris (O-ethylphosphonate) (or fosetyl-al)

    EPA is finalizing its proposal to establish tolerances for aluminum 
tris (O-ethylphosphonate), also known as fosetyl-al, residues in or on 
bushberry subgroup 13-07B at 40 ppm and fruit, pome, group 11-10 at 10 
ppm concomitant with the revocation of the tolerances on bushberry 
subgroup 13B at 40 ppm and fruit, pome, group 11 at 10 ppm.
    The Agency is also finalizing its proposal to decrease the 
tolerance on ginseng from 0.1 to 0.05 ppm to harmonize with the 
Canadian MRL. The 0.1 ppm tolerance on ginseng will expire on January 
19, 2024.
    EPA is also finalizing its proposal to establish a new tolerance on 
caneberry subgroup 13-07A concomitant with the revocation of the 
tolerance on caneberry subgroup 13A. However, EPA is modifying its 
proposal to establish the caneberry subgroup 13-07A tolerance at 0.05 
ppm. In response to a comment from Bayer CropScience, described in 
detail in Unit II.B, EPA is establishing this tolerance at 0.1 ppm.
    This final rule does not include EPA's proposal to establish a 
tolerance for fruit, citrus group 10-10 at 9.0 ppm and to revoke the 
tolerance for fruit, citrus, group 10 at 5.0 ppm because these actions 
were finalized in 2018, March 21, 2018 (83 FR 12260) (FRL-9974-63). 
This final rule also does not include the proposed changes to the 
listing of significant figures for existing tolerances for aluminum 
tris (O-ethylphosphonate) for pineapple; pea, succulent; onion, bulb; 
tomato; and onion, green to reflect a change to the Agency's rounding 
class practice in 2019.
    Although Codex had not established any MRLs for aluminum tris (O-
ethylphosphonate) (also known as fosetyl-al) when this rule was 
proposed in 2017, EPA notes that Codex established several MRLs in 
2018. Therefore, EPA expects to issue a new proposal at a future date 
to harmonize the tolerances in 40 CFR 180.415 with the Codex MRLs, 
where appropriate.
    During registration review, EPA assessed the risks from exposure to 
aluminum tris (O-ethylphosphonate), 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 aluminum tris (O-ethylphosphonate) residues. Thus, EPA has 
determined that the tolerances for residues of aluminum tris (O-
ethylphosphonate) are safe. Adequate enforcement methodology as 
described in the supporting documents is available to enforce the 
tolerance

[[Page 46081]]

expression. For further details, see Fosetyl-Aluminum: Registration 
Review Preliminary Risk Assessment, which can be accessed using docket 
ID number EPA-HQ-OPP-2007-0379, and the September 27, 2021, document, 
Fosetyl-Al Memo to Support AlCarChlCyDi Final Rule, which is in the 
docket for this final rule.

I. 40 CFR 180.467; Carbon Disulfide From the Application of Sodium 
Tetrathiocarbonate

    EPA is finalizing its proposal to revoke the tolerances for 
residues of carbon disulfide from the application of sodium 
tetrathiocarbonate in or on almond; almond, hulls; grape; grapefruit; 
lemon; orange, sweet; peach; and plum, prune, fresh. These tolerances 
will expire on January 19, 2024.

J. 40 CFR 180.498; Sulfentrazone

    EPA is finalizing its proposal to modify the tolerance for flax to 
change the commodity definition from flax to flax, seed, to be 
consistent with the Agency's commodity vocabulary. This final rule does 
not include EPA's proposal to change the listing of significant figures 
for existing tolerances due to the 2019 change to the Agency's rounding 
class practice. Nor does this final rule include EPA's proposal to 
establish a tolerance for residues of sulfentrazone in or on nut, tree, 
group 14-2 at 0.15 ppm and to revoke the existing tolerances for 
residues of sulfentrazone in or on nut, tree, group 14 at 0.15 ppm and 
pistachio at 0.15 ppm because these actions were finalized on April 13, 
2018 (83 FR 15977) (FRL-9975-77).

K. 40 CFR 180.539 and 40 CFR 180.1342; d-Limonene

    As proposed, the Agency is revoking a tolerance exemption for 
insecticidal uses of d-limonene at 40 CFR 180.539, and concomitantly 
establishing two tolerance exemptions in 40 CFR 180.1342 to cover both 
its existing insecticidal and herbicidal uses.
    During registration review, EPA assessed the risks from exposure to 
d-limonene, 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 d-limonene residues. Thus, EPA has determined 
that the exemptions from the requirement of a tolerance for residues of 
d-limonene are safe and that an enforcement method is not necessary to 
enforce the tolerance exemption. For further details, see d-Limonene. 
Revised Human Health Risk Assessment in Support of Registration Review, 
which can be accessed using docket ID number EPA-HQ-OPP-2010-0673.
    Because revocation of the exemption in 40 CFR 180.539 will not 
impact import of food commodities treated with d-limonene, this 
revocation is not considered a trade restrictive measure necessitating 
a six-month implementation delay under the WTO SPS Agreement.

L. 40 CFR 180.594; Thiacloprid

    EPA is finalizing its proposal to modify the tolerance for 
thiacloprid to correct the listing for the 0.05 ppm stone fruit 
tolerance from Peach subgroup 12-12C to Plum subgroup 12-12C. This 
corrects an inadvertent mistake promulgated in a final rule published 
on June 1, 2016 (81 FR 34902) (FRL-9943-73), which determined that the 
tolerance is safe. Codex has established an MRL for thiacloprid on 
stone fruit at 0.5 ppm. U.S. tolerances for Cherry subgroup 12-12A and 
Peach subgroup 12-12B are harmonized with Codex. EPA is not harmonizing 
the Plum subgroup 12-12C tolerance as part of this action because that 
increase was not proposed, and EPA has not yet evaluated its safety.

M. 40 CFR 180.650; Isoxaben

    This final rule does not include EPA's proposal to establish a 
tolerance for residues of isoxaben in or on nut, tree, group 14-12 at 
0.02 ppm and to revoke the existing tolerances for residues of isoxaben 
in or on nut, tree, group 14 at 0.02 ppm and pistachio at 0.02 ppm 
because these actions were finalized on February 7, 2018 (83 FR 5307) 
(FRL-9972-75).

N. 40 CFR 180.1343; Tartrazine, F.D.&C. Yellow No. 5 or Acid Yellow 23

    EPA is finalizing its proposal to establish a new tolerance 
exemption for tartrazine, which is a component of the aquatic plant 
control product Aquashade, because treated water may be used for 
irrigation of crops, livestock watering, and fishing.
    During the registration review for Aquashade, of which tartrazine 
is a component, EPA assessed the risks from exposure to tartrazine, 
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 tartrazine residues. Thus, EPA has determined 
that the exemptions from the requirement of a tolerance for residues of 
tartrazine, as a component of Aquashade, is safe and that an 
enforcement method is not necessary to enforce the tolerance exemption. 
For further details, see Aquashade[supreg]. Scoping Document and Draft 
Risk Assessment for Registration Review, which can be accessed using 
docket ID number EPA-HQ-OPP-2015-0639.

IV. Objection or Hearing Requests

    Under FFDCA section 408(g), 21 U.S.C. 346a(g), 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-2017-0128 in the subject line on the first 
page of your submission. All objections and requests for a hearing must 
be in writing and must be received by the Hearing Clerk on or before 
September 18, 2023. At this time, the Office of Administrative Law 
Judges, in which the Hearing Clerk is located, encourages people to 
utilize the electronic system for filing. See Order Urging Electronic 
Service and Filing, https://www.epa.gov/sites/default/files/2020-05/documents/2020-04-10_-_order_urging_electronic_service_and_filing.pdf. 
The system for filing electronically can be found at this website, 
https://www.epa.gov/alj.
    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 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-2017-0128, to the Federal eRulemaking Portal: https://www.regulations.gov. Follow the online instructions for submission and 
do not submit electronically any information you consider to be CBI or 
other information whose disclosure is restricted by statute.

[[Page 46082]]

V. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders 
can be found at https://www.epa.gov/laws-regulations/laws-and-executive-orders#influence.

A. Executive Orders 12866: Regulatory Planning and Review and 14094: 
Modernizing Regulatory Review

    This action is exempt from review by the Office of Management and 
Budget (OMB) under Executive Orders 12866, October 4, 1993 (58 FR 
51735), as amended by Executive Order 14094 (88 FR 21879, April 11, 
2023), because it establishes or modifies a pesticide tolerance or a 
tolerance exemption under FFDCA section 408. This exemption also 
applies to tolerance revocations for which extraordinary circumstances 
do not exist. As such, this exemption applies to the tolerance 
revocations in this final rule because the Agency knows of no 
extraordinary circumstances that warrant reconsideration of this 
exemption for those revocation 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.

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 this rule is any significant adverse economic 
impact on small entities 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. As discussed in the proposed rule, this 
determination takes into account the EPA analyses for the establishment 
and modification of tolerances, and for import tolerances or tolerance 
revocations.
    Moreover, for the pesticides listed in this final rule, EPA 
concludes that there is no reasonable expectation that residues of the 
pesticides for tolerances listed in this final rule for revocation will 
be found on the commodities discussed in this final rule, and the 
Agency knows of no extraordinary circumstances that exist as to the 
present final rule that would change EPA's previous analyses. 
Furthermore, the Agency did not receive any comments on these 
conclusions as presented in the proposed rules.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in 
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect 
small governments. The action imposes no enforceable duty on any state, 
local or tribal governments or the private sector.

E. Executive Order 13132: Federalism

    This action does not have federalism implications as specified in 
Executive Order 13132, August 10, 1999 (64 FR 43255). 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.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action does not have tribal implications as specified in 
Executive Order 13175, November 9, 2000 (65 FR 67249), 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

    Executive Order 13045 (62 FR 19885, April 23, 1997) directs federal 
agencies to include an evaluation of the health and safety effects of 
the planned regulation on children in federal health and safety 
standards and explain why the regulation is preferable to potentially 
effective and reasonably feasible alternatives. This action is not 
subject to Executive Order 13045 because it is not a significant 
regulatory action under section 3(f)(1) of Executive Order 12866 (See 
Unit V.A.), and because EPA does not believe the environmental health 
or safety risks addressed by this action present a disproportionate 
risk to children. However, EPA's Policy on Children's Health applies to 
this action.
    This rule finalizes tolerance actions under the FFDCA, which 
requires EPA to give special consideration to exposure of infants and 
children to the pesticide chemical residue in establishing a tolerance 
and to ``ensure that there is a reasonable certainty that no harm will 
result to infants and children from aggregate exposure to the pesticide 
chemical residue ...'' (FFDCA 408(b)(2)(C)). Consistent with FFDCA 
section 408(b)(2)(D), and the factors specified therein, EPA has 
reviewed the available scientific data and other relevant information 
in support of these final tolerance actions. The Agency's consideration 
is documented in the pesticide specific registration review decision 
documents. See the pesticide specific discussions in Unit III. and 
access the chemical specific registration review documents in each 
chemical docket at https://www.regulations.gov.

H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution or Use

    This action is not subject to Executive Order 13211, May 22, 2001 
(66 FR 28355), because it is not a significant regulatory action under 
Executive Order 12866.

I. National Technology Transfer Advancement Act (NTTAA)

    This action does not involve technical standards under the 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

    Executive Order 12898 (59 FR 7629, February 16, 1994) directs 
federal agencies, to the greatest extent practicable and permitted by 
law, to make environmental justice part of their mission by identifying 
and addressing, as appropriate, disproportionately high and adverse 
human health or environmental effects of their programs, policies, and 
activities on minority populations (people of color and/or indigenous 
peoples) and low-income populations. As discussed in more detail in the 
pesticide specific risk assessments conducted as part of the 
registration review for each pesticide as identified in Unit III., EPA 
has considered the safety risks for the pesticides subject to this 
rulemaking and in the context of the tolerance actions set out in this 
rulemaking. EPA believes that the human health and environmental 
conditions that exist prior to this action do not result in 
disproportionate and adverse effects on people of color, low-income 
populations, and/or indigenous peoples. Furthermore, EPA believes that 
this action is not likely to result in new disproportionate and adverse 
effects on people of color, low-income populations and/or indigenous 
peoples.

[[Page 46083]]

K. Congressional Review Act (CRA)

    This action is subject to the CRA, 5 U.S.C. 801 et seq., and EPA 
will submit a rule report to each House of the Congress and to the 
Comptroller General of the United States. This action is not a ``major 
rule'' as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR part 180

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

    Dated: July 5, 2023.
Michael Goodis,
Acting Director, Office of Pesticide Programs.

    Therefore, for the reasons set forth in the preamble, EPA is 
amending 40 CFR part 180 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.


Sec.  180.183  [Removed]

0
2. Remove Sec.  180.183.


0
3. Amend Sec.  180.202 by revising the introductory text of paragraph 
(a) and by adding a heading to the table to read as follows:


Sec.  180.202  p-Chlorophenoxyacetic acid; tolerances for residues.

    (a) General. A tolerance is established for residues of the plant 
regulator p-chlorophenoxyacetic acid, including its metabolites and 
degradates, in or on the commodity in the table in this paragraph (a). 
Compliance with the tolerance level specified in this paragraph (a) is 
to be determined by measuring only p-chlorophenoxyacetic acid, in or on 
the commodity.

Table 1 to Paragraph (a)

* * * * *

0
4. Amend Sec.  180.211 by revising the introductory text of paragraph 
(a) and by adding a heading ``to the table to read as follows:


Sec.  180.211  Propachlor; tolerances for residues.

    (a) General. Tolerances are established for the combined residues 
of the herbicide propachlor (2-chloro-N-isopropylacetanilide) and its 
metabolites containing the N-isopropylaniline moiety, calculated as 2-
chloro-N-isopropylacetanilide, in or on the raw agricultural 
commodities found in the table in this paragraph. The tolerances listed 
in the table will expire on January 19, 2024.

Table 1 to Paragraph (a)

* * * * *

0
5. Amend Sec.  180.231(a) by:
0
a. Revising the introductory text of paragraph (a);
0
b. Adding a heading to the table; and
0
c. Adding in alphabetical order to the table, the commodity ``Cherry'' 
and revising the entry for the commodity ``Fruit, stone, group 12''.
    The additions and revisions read as follows:


Sec.  180.231  Dichlobenil; tolerances for residues.

    (a) General. Tolerances are established for residues of 
dichlobenil, including its metabolites and degradates, in or on the 
commodities in the table in this paragraph (a). Compliance with the 
tolerance levels specified in this paragraph (a) is to be determined by 
measuring only the sum of dichlobenil (2,6-dichlorobenzonitrile) and 
its BAM metabolite (2,6-dichlorobenzamide), calculated as the 
stoichiometric equivalent of dichlobenil, in or on the commodity.

                        Table 1 to Paragraph (a)
------------------------------------------------------------------------
                                                            Parts per
                       Commodity                             million
------------------------------------------------------------------------
 
                              * * * * * * *
Cherry................................................              0.15
 
                              * * * * * * *
Fruit, stone, group 12 \1\............................              0.15
 
                              * * * * * * *
------------------------------------------------------------------------
\1\ This tolerance expires on January 19, 2024.

* * * * *

0
6. Amend Sec.  180.330 by adding paragraph (a) introductory text and 
revising paragraph (c) introductory text to read as follows:


Sec.  180.330  S-(2-(Ethylsulfinyl)ethyl) O,O-dimethyl 
phosphorothioate; tolerances for residues.

    (a) General. The tolerances in this section expire on January 19, 
2024.
* * * * *
    (c) Tolerances with regional registrations. The tolerances in this 
section expire on January 19, 2024. Tolerances with regional 
registrations, as defined in Sec.  180.1(l), are established for the 
combined residues of the insecticide oxydemeton-methyl (S-(2-
(ethylsulfinyl)-ethyl) O,O-dimethyl phosphorothioate) and its 
metabolite oxydemeton-methyl sulfone in or on the following food 
commodities:
* * * * *

0
7. Amend Sec.  180.407(a) by adding a heading to the table and revising 
the entries for the commodities ``Broccoli''; ``Cabbage''; 
``Cauliflower''; ``Corn, sweet, kernel plus cob with husks removed''; 
and ``Vegetable, leafy, except brassica, group 4'' to read as follows:


Sec.  180.407  Thiodicarb; tolerances for residues

    (a) * * *

                        Table 1 to Paragraph (a)
------------------------------------------------------------------------
                                        Parts per         Expiration/
             Commodity                   million        revocation date
------------------------------------------------------------------------
Broccoli..........................               7.0  January 19, 2024.
Cabbage...........................               7.0  January 19, 2024.
Cauliflower.......................               7.0  January 19, 2024.

[[Page 46084]]

 
Corn, sweet, kernel plus cob with                2.0  January 19, 2024.
 husks removed.
 
                              * * * * * * *
Vegetable, leafy, except brassica,                35  January 19, 2024.
 group 4.
------------------------------------------------------------------------

* * * * *

0
8. Amend Sec.  180.414 by:
0
a. In the table to paragraph (a):
0
i. Adding a heading;
0
ii. Revising the entries for ``Bean, dry, except cowpea''; ``Bean, 
lima''; ``Bean, succulent''; ``Broccoli'';
0
iii. Removing the entries for ``Cattle, kidney'';
0
iv. Revising the entry for ``Cattle, meat'';
0
v. Removing the entry for ``Cattle, meat byproducts, except kidney'';
0
vi. Adding in alphabetical order an entry for ``Cattle, meat 
byproducts'';
0
vi. Revising the entry for ``Egg'';
0
vii. Removing the entries for ``Goat, kidney''; ``Goat, meat 
byproducts, except kidney'';
0
viii. Revising the entry for ``Goat, meat'';
0
ix. Adding in alphabetical order an entry for ``Goat, meat 
byproducts'';
0
x. Removing the entries for ``Hog, kidney''; ``Hog, meat byproducts, 
except kidney'';
0
xi. Revising the entry for ``Hog, meat'';
0
xii. Adding in alphabetical order an entry for ``Hog, meat 
byproducts'';
0
xiii. Removing the entry for ``Horse, kidney'';
0
xiv. Adding in alphabetical order an entry for ``Horse, meat 
byproducts'';
0
xv. Revising the entry for ``Horse, meat'';
0
xvi. Removing the entry for ``Horse, meat byproducts, except kidney'';
0
xvii. Revising the entry for ``Mango \1\'', Milk''; and ``Mushroom'';
0
xviii. Removing the entry for ``Onion, potato \2\'';
0
xix. Revising the entries for Poultry, meat (from chicken layer hens 
and chicken breeder hens only)''; ``Poultry, meat byproducts (from 
chicken layer hens and chicken breeder hens only)'';
0
xx. Removing the entry for ``Sheep, kidney'';
0
xxi. Revising the entry for ``Sheep, meat'';
0
xxii. Adding an entry for ``Sheep, meat byproducts'';
0
xxiii. Removing the entry for ``Sheep, meat byproducts, except 
kidney'';
0
xxiv. Revising the entry for ``Vegetable, cucurbit, group 9''; and
0
b. In paragraph (d):
0
i. Revising the introductory text;
0
ii. Adding a heading to the table in paragraph (d)(1); and
0
iii. Adding paragraph (d)(2).
    The revisions and additions read as follows.


Sec.  180.414  Cyromazine; tolerances for residues.

    (a) * * *
    (1) * * *

                       Table 1 to Paragraph (a)(1)
------------------------------------------------------------------------
                                                            Parts per
                       Commodity                             million
------------------------------------------------------------------------
Bean, dry, except cowpea..............................                 3
Bean, lima............................................                 1
Bean, succulent.......................................                 2
 
                              * * * * * * *
Broccoli..............................................                 1
 
                              * * * * * * *
Cattle, meat..........................................               0.3
Cattle, meat byproducts...............................               0.3
 
                              * * * * * * *
Egg...................................................               0.3
 
                              * * * * * * *
Goat, meat............................................               0.3
Goat, meat byproducts.................................               0.3
 
                              * * * * * * *
Hog, meat.............................................               0.3
Hog, meat byproducts..................................               0.3
 
                              * * * * * * *
Horse, meat...........................................               0.3
Horse, meat byproducts................................               0.3
 
                              * * * * * * *
Mango \1\.............................................               0.5
Milk..................................................               0.1
Mushroom..............................................                 8
 
                              * * * * * * *
Poultry, meat (from chicken layer hens and chicken                   0.1
 breeder hens only)...................................
Poultry, meat byproducts (from chicken layer hens and                0.2
 chicken breeder hens only)...........................
 

[[Page 46085]]

 
                              * * * * * * *
Sheep, meat...........................................               0.3
Sheep, meat byproducts................................               0.3
 
                              * * * * * * *
Vegetable, cucurbit, group 9..........................                 2
 
                              * * * * * * *
------------------------------------------------------------------------

* * * * *
    (d) Indirect or inadvertent residues. (1) Tolerances are 
established for indirect or inadvertent residues of the insecticide 
cyromazine, including its metabolites and degradates, in or on the 
commodities in table 1 to this paragraph (d)(1) when present therein as 
a result of the application of cyromazine to growing crops listed in 
paragraph (a)(1) of this section. Compliance with the tolerance levels 
specified in this paragraph (d)(1) is to be determined by measuring 
only cyromazine, N-cyclopropyl-1,3,5-triazine-2,4,6-triamine, in or on 
the commodity.

Table 2 to Paragraph (d)(1)

* * * * *
    (2) Tolerances are established for indirect or inadvertent residues 
of the insecticide cyromazine, including its metabolites and 
degradates, in or on the commodities in the table 2 to this paragraph 
(d)(2) when present therein as a result of the application of poultry 
manure-based fertilizer containing cyromazine to soil in which the 
crops identified in this section are grown. Compliance with the 
tolerance levels specified in this paragraph (d)(2) is to be determined 
by measuring only cyromazine, N-cyclopropyl-1,3,5-triazine-2,4,6-
triamine, in or on the commodity.

                       Table 3 to Paragraph (d)(2)
------------------------------------------------------------------------
                                                            Parts per
                       Commodity                             million
------------------------------------------------------------------------
Grain, cereal, forage, fodder and straw, group 16.....               0.6
Grain, cereal, group 15...............................               0.6
Herbs and spices, group 19............................               0.6
Oilseed, group 20.....................................               0.6
Onion, bulb, subgroup 3-07A...........................               0.6
Strawberry............................................               0.6
Vegetable, foliage of legume, group 7.................               0.6
Vegetable, fruiting, group 8-10.......................               0.6
Vegetable, leaves of root and tuber, group 2..........               0.6
Vegetable, legume, group 6............................               0.6
Vegetable, root and tuber, group 1....................               0.6
------------------------------------------------------------------------


0
9. In Sec.  180.415 amend the table in paragraph (a) by:
0
a. Adding a heading;
0
b. Revising the entries for ``Bushberry subgroup 13B''; ``Caneberry 
subgroup 13A''; ``Fruit, pome, group 11'' and ``Ginseng'';
0
c. Adding an entry for ``Ginseng\1\''.
    The revisions and additions read as follows:


Sec.  180.415  Aluminum tris (O-ethylphosphonate); tolerances for 
residues.

* * * * *

                        Table 1 to Paragraph (a)
------------------------------------------------------------------------
                                                            Parts per
                       Commodity                             million
------------------------------------------------------------------------
 
                              * * * * * * *
Bushberry subgroup 13-07B.............................                40
Caneberry subgroup 13-07A.............................               0.1
 
                              * * * * * * *
Fruit, pome, group 11-10..............................                10
 
                              * * * * * * *
Ginseng...............................................              0.05
Ginseng \1\...........................................               0.1
 
                              * * * * * * *
------------------------------------------------------------------------
\1\ This tolerance expires on January 19, 2024.


[[Page 46086]]

* * * * *

0
10. Amend Sec.  180.467 by revising the introductory text to read as 
follows:


Sec.  180.467  Carbon Disulfide; tolerances for residues

    Tolerances are established for the nematicide, insecticide, and 
fungicide carbon disulfide, from the application of sodium 
tetrathiocarbonate, in or on the following raw agricultural 
commodities. These tolerances expire on January 19, 2024.
* * * * *

0
11. Amend Sec.  180.498 by:
0
a. Adding a paragraph heading to paragraph (a) introductory text and 
removing the heading from paragraph (a)(1);
0
b. Adding a heading to the table in paragraph (a)(1);
0
c. Adding a heading to the table in paragraph (a)(2); and revising the 
entry for ``flax'';
    The revisions and additions read as follows:


Sec.  180.498  Sulfentrazone; tolerances for residues.

    (a) General.
    (1) * * *

Table 1 to Paragraph (a)(1)

    (2) * * *

                       Table 2 to Paragraph (a)(2)
------------------------------------------------------------------------
                                                            Parts per
                       Commodity                             million
------------------------------------------------------------------------
 
                              * * * * * * *
Flax, seed............................................              0.15
 
                              * * * * * * *
------------------------------------------------------------------------

* * * * *


Sec.  180.539  [Removed]

0
12. Remove Sec.  180.539.

0
13. In Sec.  180.594 amend paragraph (a) by:
0
a. Adding a heading to the table;
0
b. Removing the entry for ``Peach subgroup 12-12C \1\''; and
0
c. Adding in alphabetical order an entry for ``Plum subgroup 12-12C 
\1\''.
    The addition reads as follows:


Sec.  180.594  Thiacloprid; tolerances for residues.

    (a) * * *

                        Table 1 to Paragraph (a)
------------------------------------------------------------------------
                                                            Parts per
                       Commodity                             million
------------------------------------------------------------------------
 
                              * * * * * * *
Plum subgroup 12-12C \1\..............................              0.05
 
                              * * * * * * *
------------------------------------------------------------------------

* * * * *

0
14. Add Sec.  180.1342 to subpart D to read as follows:


Sec.  180.1342  d-Limonene; exemption from the requirement of a 
tolerance.

    (a) An exemption from the requirement of a tolerance is established 
for residues of d-limonene, (4R)-1-methyl-4-(1-
methylethenyl)cyclohexene, in or on all food commodities when applied 
as an herbicide in accordance with good agricultural practices.
    (b) An exemption from the requirement of a tolerance is established 
for residues of d-limonene, (4R)-1-methyl-4-(1-
methylethenyl)cyclohexene, in or on all food commodities when applied 
as an insecticide in kitchens and pantries.

0
15. Add Sec.  180.1343 to subpart D to read as follows:


Sec.  180.1343  Tartrazine; exemption from the requirement of a 
tolerance.

    An exemption from the requirement of a tolerance is established for 
residues of tartrazine (F.D.&C. Yellow No. 5 or Acid Yellow 23), in or 
on all food commodities when it is used as an aquatic plant control 
agent.

[FR Doc. 2023-14692 Filed 7-18-23; 8:45 am]
BILLING CODE 6560-50-P