[Federal Register Volume 88, Number 212 (Friday, November 3, 2023)]
[Rules and Regulations]
[Pages 75503-75506]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24190]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2023-0507; FRL-11517-01-OCSPP]


Extension of Tolerances for Emergency Exemptions; Multiple 
Chemicals

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This regulation extends time-limited tolerances for residues 
of clothianidin, kasugamycin, methyl bromide, and triclopyr in or on 
various commodities as identified in this document. These actions are 
in response to EPA's granting of emergency exemptions under section 18 
of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) 
authorizing use of these pesticides. In addition, the Federal Food, 
Drug, and Cosmetic Act (FFDCA) requires EPA to establish a time-limited 
tolerance or exemption from the requirement for a tolerance for 
pesticide chemical residues in food that will result from the use of a 
pesticide under an emergency exemption granted by EPA under FIFRA. 
Additionally, EPA is removing time-limited tolerances for residues of 
flupyradifurone in or on sugar cane and sweet sorghum commodities.

DATES: This regulation is effective November 3, 2023. Objections and 
requests for hearings must be received on or before January 2, 2024 and 
must be filed in accordance with the instructions provided in 40 CFR 
part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

ADDRESSES: The docket for this action, identified by docket 
identification (ID) number EPA-HQ-OPP-2023-0507, is available at 
https://www.regulations.gov or at the Office of Pesticide Programs 
Regulatory Public Docket (OPP Docket) in the Environmental Protection 
Agency Docket Center (EPA/DC), West William Jefferson Clinton Bldg., 
Rm. 3334, 1301 Constitution Ave. NW, Washington, DC 20460-0001. The 
Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through 
Friday, excluding legal holidays. The telephone number for the Public 
Reading Room and the OPP Docket is (202) 566-1744. Please review the 
visitor instructions and additional information about the docket 
available at https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Charles Smith, Director, Registration 
Division (7505P), Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-
0001; main telephone number: (202) 566-1030; email address: 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an 
agricultural producer, food manufacturer, or pesticide manufacturer. 
The following list of North American Industrial Classification System 
(NAICS) codes is not intended to be exhaustive, but rather provides a 
guide to help readers determine whether this document applies to them. 
Potentially affected entities may include:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).

B. How can I get electronic access to other related information?

    You may access a frequently updated electronic version of 40 CFR 
part 180 through the Office of the Federal Register's e-CFR site at 
https://www.ecfr.gov/current/title-40.

C. How can I file an objection or hearing request?

    Under FFDCA section 408(g), 21 U.S.C. 346a, any person may file an 
objection to any aspect of this regulation and may also request a 
hearing on those objections. You must file your objection or request a 
hearing on this regulation in accordance with the instructions provided 
in 40 CFR part 178. To ensure proper receipt by EPA, you must identify 
docket ID number EPA-HQ-OPP-2023-0507 in the subject line on the first 
page of your submission. All requests must be in writing and must be 
received by the Hearing Clerk on or before January 2, 2024. Addresses 
for mail and hand delivery of objections and hearing requests are 
provided in 40 CFR 178.25(b).
    In addition to filing an objection or hearing request with the 
Hearing Clerk as described in 40 CFR part 178, please submit a copy of 
the filing (excluding any Confidential Business Information (CBI)) for 
inclusion in the public docket. Information not marked confidential 
pursuant to 40 CFR part 2 may be disclosed publicly by EPA without 
prior notice. Submit the non-CBI copy of your objection or hearing 
request, identified by docket ID number EPA-HQ-OPP-2023-0507, by one of 
the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the online instructions for submitting comments. Do not submit 
electronically any information you consider to be CBI or other 
information whose disclosure is restricted by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket 
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW, Washington, DC 
20460-0001.
     Hand Delivery: To make special arrangements for hand 
delivery or delivery of boxed information, please follow the 
instructions at https://www.epa.gov/dockets/where-send-comments-epa-dockets.
    Additional instructions on commenting or visiting the docket, along 
with more information about dockets generally, is available at https://www.epa.gov/dockets.

II. Background and Statutory Findings

    EPA previously published final rules establishing time-limited 
tolerances in the Federal Register for the chemicals and commodities 
listed below under FFDCA section 408, 21 U.S.C. 346a. EPA established 
the tolerances because FFDCA section 408(l)(6) requires EPA to 
establish a time-limited tolerance or exemption from the requirement 
for a tolerance for pesticide chemical residues in food that will 
result from the use of a pesticide under an emergency exemption granted 
by EPA under FIFRA section 18. Such tolerances can be

[[Page 75504]]

established without providing notice or period for public comment.
    EPA received requests to extend emergency uses of clothianidin, 
kasugamycin, methyl bromide, and triclopyr on various commodities for 
this year's growing season. After having reviewed the submissions, EPA 
concurs that emergency conditions continue to exist. EPA assessed the 
potential risks presented by residues of each chemical in or on the 
pertinent commodities. In doing so, EPA considered the safety standard 
in FFDCA section 408(b)(2) and decided that the necessary tolerances 
under FFDCA section 408(l)(6) would be consistent with the safety 
standard and with FIFRA section 18. The data and other relevant 
material have been evaluated and were discussed in the final rules 
originally establishing the time-limited tolerances. Based on those 
data and information considered, the Agency reaffirms that extensions 
of the time-limited tolerances will continue to meet the requirements 
of FFDCA section 408(l)(6). Therefore, the time-limited tolerances are 
extended until December 31, 2026. Although these tolerances will expire 
and are revoked on December 31, 2026, under FFDCA section 408(l)(5), 
residues of the pesticides not in excess of the amounts specified in 
the tolerances remaining in or on the commodities after that date will 
not be unlawful, provided the residues are present as a result of an 
application or use of a pesticide at a time and manner that was lawful 
under FIFRA, the tolerance was in place at the time of the application, 
and the residues do not exceed the level that was authorized by the 
tolerance. EPA will take action to revoke the tolerances earlier if any 
experience with, scientific data on, or other relevant information on 
any of these pesticides indicate that the residues are not safe. EPA 
will publish a document in the Federal Register to remove the revoked 
tolerances from the Code of Federal Regulations (CFR).
    Time-limited tolerances for the use of the following pesticide 
chemicals on specific commodities as noted are being extended:
    Clothianidin. Pursuant to a request by the Florida Department of 
Agriculture and Consumer Services, EPA authorized under FIFRA section 
18 the use of clothianidin on citrus for control of the Asian citrus 
psyllid in Florida. This regulation extends a time-limited tolerance 
for residues of the insecticide clothianidin and its metabolites and 
degradates in or on fruit, citrus, group 10-10 at 0.07 parts per 
million (ppm) for an additional 3-year period. This tolerance will 
expire and is revoked on December 31, 2026. The time-limited tolerance 
was originally published in the Federal Register of February 25, 2015 
(80 FR 10003) (FRL-9919-59).
    Flupyradifurone. The time-limited tolerances are being removed at 
40 CFR 180.679(b) for residues of the insecticide flupyradifurone and 
its metabolites in or on sorghum, syrup at 90.0 ppm and sweet sorghum, 
forage at 30.0 ppm which expired on December 31, 2022; and in or on 
sugarcane, cane at 3 ppm and sugarcane, molasses at 90 ppm, which 
expire on December 31, 2023. The applicant has not submitted a request 
for further use of flupyradifurone sugarcane; and use on sweet sorghum 
gained registration under Section 3 of FIFRA. The time-limited 
tolerances were originally published in the Federal Register of June 
25, 2021 (86 FR 21944) (FRL-10029-49).
    Kasugamycin. Pursuant to a request by the California Department of 
Pesticide Regulation, EPA authorized under FIFRA section 18 the use of 
kasugamycin on almonds for control of bacterial blast in California. 
This regulation extends time-limited tolerances for residues of the 
pesticide kasugamycin and its metabolites and degradates in or on 
almond at 0.04 (ppm); and almond hulls at 0.4 ppm for an additional 3-
year period. The tolerances will expire and are revoked on December 31, 
2026. The time-limited tolerances were originally published in the 
Federal Register of October 8, 2020 (85 FR 63450) (FRL-10013-94).
    Methyl bromide. Pursuant to a request by the US Department of 
Agriculture, Animal and Plant Health Inspection Service, EPA authorized 
under FIFRA section 18 the use of methyl bromide on certain imported 
and domestic commodities, post-harvest for control of invasive non-
indigenous quarantine plant pests and to prevent the introduction and/
or spread of any new or recently introduced foreign pests to the United 
States. This regulation extends time-limited tolerances for residues of 
the pesticide methyl bromide, including its metabolites and degradates, 
in or on the commodities identified in 40 CFR 180.124(b) (and listed in 
the regulatory text section of this document) at the levels listed for 
an additional 3-year period. The tolerances will expire and are revoked 
on December 31, 2026. The time-limited tolerances were originally 
published in the Federal Register of March 1, 2018 (83 FR 8758) (FRL-
9971-19) and October 16, 2020 (85 FR 65729) (FRL-10014-31).
    Triclopyr. Pursuant to a request by the Louisiana Department of 
Agriculture and Forestry, EPA authorized under FIFRA section 18 the use 
of triclopyr on sugarcane for control of divine nightshade in 
Louisiana. This regulation extends a time-limited tolerance for 
residues of the herbicide triclopyr and its metabolites and degradates 
in or on sugarcane, cane at 40 ppm for an additional 3-year period. The 
tolerance will expire and is revoked on December 31, 2026. A time-
limited tolerance was originally published in the Federal Register of 
June 8, 2017 (82 FR 26599) (FRL-9961-29).

III. International Residue Limits

    In making its tolerance decisions, EPA seeks to harmonize U.S. 
tolerances with international standards whenever possible, consistent 
with U.S. food safety standards and agricultural practices. EPA 
considers the international maximum residue limits (MRLs) established 
by the Codex Alimentarius Commission (Codex), as required by FFDCA 
section 408(b)(4). The Codex Alimentarius is a joint United Nations 
Food and Agriculture Organization/World Health Organization food 
standards program, and it is recognized as an international food safety 
standards-setting organization in trade agreements to which the United 
States is a party. EPA may establish a tolerance that is different from 
a Codex MRL; however, FFDCA section 408(b)(4) requires that EPA explain 
the reasons for departing from the Codex level.
    The Codex has not established any MRLs for flupyradifurone, 
kasugamycin, methyl bromide, or triclopyr in or on the commodities 
listed in this document. The Codex has established an MRL for 
clothianidin in or on citrus at 0.07 ppm, the same as the tolerance 
established for fruit, citrus, group 10-10 in the United States. 
Therefore, there are no harmonization issues.

IV. Statutory and Executive Order Reviews

    This action establishes tolerances under FFDCA section 408(d). The 
Office of Management and Budget (OMB) has exempted these types of 
actions from review under Executive Order 12866, entitled ``Regulatory 
Planning and Review'' (58 FR 51735, October 4, 1993). Because this 
action has been exempted from review under Executive Order 12866, this 
action is not subject to Executive Order 13211, entitled ``Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use'' (66 FR 28355, May 22, 2001) or Executive Order 
13045, entitled ``Protection of Children from Environmental Health 
Risks and Safety

[[Page 75505]]

Risks'' (62 FR 19885, April 23, 1997). This action does not contain any 
information collections subject to OMB approval under the Paperwork 
Reduction Act (PRA) (44 U.S.C. 3501 et seq.), nor does it require any 
special considerations under Executive Order 12898, entitled ``Federal 
Actions to Address Environmental Justice in Minority Populations and 
Low-Income Populations'' (59 FR 7629, February 16, 1994).
    Since tolerances and exemptions that are established in accordance 
with FFDCA sections 408(e) and 408(l)(6), such as the tolerances in 
this final rule, do not require the issuance of a proposed rule, the 
requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et 
seq.), do not apply.
    This action directly regulates growers, food processors, food 
handlers, and food retailers, not States or Tribes, nor does this 
action alter the relationships or distribution of power and 
responsibilities established by Congress in the preemption provisions 
of FFDCA section 408(n)(4). As such, the Agency has determined that 
this action will not have a substantial direct effect on States or 
Tribal Governments, on the relationship between the National Government 
and the States or Tribal Governments, or on the distribution of power 
and responsibilities among the various levels of government or between 
the Federal Government and Indian Tribes. Thus, the Agency has 
determined that Executive Order 13132, entitled ``Federalism'' (64 FR 
43255, August 10, 1999) and Executive Order 13175, entitled 
``Consultation and Coordination with Indian Tribal Governments'' (65 FR 
67249, November 9, 2000) do not apply to this action. In addition, this 
action does not impose any enforceable duty or contain any unfunded 
mandate as described under Title II of the Unfunded Mandates Reform Act 
(UMRA) (2 U.S.C. 1501 et seq.).
    This action does not involve any technical standards that would 
require Agency consideration of voluntary consensus standards pursuant 
to section 12(d) of the National Technology Transfer and Advancement 
Act (NTTAA) (15 U.S.C. 272 note).

V. Congressional Review Act

    Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.), 
EPA will submit a report containing this rule and other required 
information to the U.S. Senate, the U.S. House of Representatives, and 
the Comptroller General of the United States prior to publication of 
the rule in the Federal Register. This action is not a ``major rule'' 
as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 180

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

    Dated: October 27, 2023.
Charles Smith,
Director, Registration Division, Office of Pesticide Programs.
    Therefore, for the reasons stated in the preamble, EPA is amending 
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. In Sec.  180.124, revise table 2 to paragraph (b) to read as 
follows:


Sec.  180.124  Methyl bromide; tolerances for residues.

* * * * *
    (b) * * *

                        Table 2 to Paragraph (b)
------------------------------------------------------------------------
                                          Parts per       Expiration/
              Commodity                    million      revocation date
------------------------------------------------------------------------
Berry and small fruit, group 13-07...             5.0           12/31/26
Cactus...............................             3.0           12/31/26
Coconut, copra.......................             8.0           12/31/26
Coffee, green bean...................             150           12/31/26
Cola, seed...........................             150           12/31/26
Cucurbit, seed.......................             150           12/31/26
Fig..................................              10           12/31/26
Fruit, citrus, group 10-10...........               2           12/31/26
Fruit, stone, group 12-12............             5.0           12/31/26
Fruit, tropical and subtropical,                   10           12/31/26
 edible peel, group 23...............
Fruit, tropical and subtropical,                  5.0           12/31/26
 inedible peel, group 24.............
Herb and spice, group 19.............              35           12/31/26
Hibiscus, seed.......................             150           12/31/26
Ivy gourd............................             5.0           12/31/26
Kaffir lime, leaves..................            0.50           12/31/26
Kenaf, seed..........................             150           12/31/26
Oilseed group 20.....................             150           12/31/26
Peppermint, tops.....................              35           12/31/26
Pointed gourd........................             5.0           12/31/26
Spearmint, tops......................              35           12/31/26
Vegetable, bulb, group 3-07..........             2.0           12/31/26
Vegetable, cucurbit, group 9.........             5.0           12/31/26
Vegetable, foliage of legume, group 7            0.50           12/31/26
Vegetable, fruiting, group 8-10......             7.0           12/31/26
Vegetable, head and stem Brassica,                1.0           12/31/26
 group 5-16..........................
Vegetable, leafy, group 4-16.........            0.50           12/31/26
Vegetable, leaves of root and tuber,             0.50           12/31/26
 group 2.............................
Vegetable, legume, group 6...........             3.0           12/31/26
Vegetable, root and tuber, group 1...             3.0           12/31/26
Vegetable, stalk, stem and leaf                  0.50           12/31/26
 petiole, group 22...................
------------------------------------------------------------------------


[[Page 75506]]

* * * * *

0
3. In Sec.  180.417, revise table 3 to paragraph (b) to read as 
follows:


Sec.  180.417  Triclopyr; tolerances for residues.

* * * * *
    (b) * * *

                        Table 3 to Paragraph (b)
------------------------------------------------------------------------
                                        Parts per         Expiration/
             Commodity                   million        revocation date
------------------------------------------------------------------------
Sugarcane, cane....................              40            12/31/26
------------------------------------------------------------------------

* * * * *

0
4. In Sec.  180.586, add a heading to the table in paragraph (b) and 
revise the entry for ``Fruit, citrus, group 10-10'' in the table to 
read as follows:


Sec.  180.586  Clothianidin; tolerances for residues.

* * * * *
    (b) * * *

                        Table 3 to Paragraph (b)
------------------------------------------------------------------------
                                        Parts per         Expiration/
             Commodity                   million        revocation date
------------------------------------------------------------------------
Fruit, citrus, group 10-10.........            0.07            12/31/26
 
                              * * * * * * *
------------------------------------------------------------------------

* * * * *


Sec.  180.679  [Amended]

0
5. In Sec.  180.679, remove and reserve paragraph (b).

[FR Doc. 2023-24190 Filed 11-2-23; 8:45 am]
BILLING CODE 6560-50-P