[Federal Register Volume 89, Number 153 (Thursday, August 8, 2024)]
[Rules and Regulations]
[Pages 64810-64815]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-17371]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2023-0079; FRL-11964-01-OCSPP]


Indoxacarb; Pesticide Tolerances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation establishes tolerances for residues of 
indoxacarb in or on multiple crops listed later in this document. 
Interregional Research Project Number 4 (IR-4) requested these 
tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

DATES: This regulation is effective August 8, 2024. Objections and 
requests for hearings must be received on or before October 7, 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-2023-0079, 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. For the latest 
status information on EPA/DC services, docket access, visit https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Charles Smith, Director, Registration 
Division (7505T), 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 EPA's 
tolerance regulations at 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(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-2023-0079 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 
October 7, 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-2023-0079, 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://

[[Page 64811]]

www.epa.gov/dockets/where-send-comments-epa-dockets.
    Additional instructions on commenting or visiting the docket, along 
with more information about dockets generally, are available at https://www.epa.gov/dockets.

II. Summary of Petitioned-For Tolerance

    In the Federal Register of February 29, 2024 (89 FR 14795) (FRL-
11682-01-OCSPP), EPA issued a document pursuant to FFDCA section 
408(d)(3), 21 U.S.C. 346a(d)(3), announcing the filing of a pesticide 
petition (PP 2E9044) by IR-4, North Carolina State University, 1730 
Varsity Drive, Venture IV, Suite 210, Raleigh, NC 27606. The petition 
requested to amend 40 CFR part 180 by establishing tolerances for 
residues of indoxacarb in or on the raw agricultural commodities 
Brassica, leafy greens, subgroup 4-16B at 12 parts per million (ppm); 
Celtuce at 14 ppm; Chickpea, dry seed at 0.2 ppm; Coffee, green bean at 
0.03 ppm; Cottonseed subgroup 20C at 2 ppm; Fennel, florence, fresh 
leaves and stalk at 14 ppm; Field corn subgroup 15-22C at 0.02 ppm; 
Fruit, pome, group 11-10, except pear at 1 ppm; Fruit, stone, group 12-
12 at 1 ppm; Kohlrabi at 12 ppm; Leaf petiole vegetable subgroup 22B at 
14 ppm; Leafy greens subgroup 4-16A at 14 ppm; Pear, asian at 0.2 ppm; 
Strawberry at 4 ppm; Sunflower subgroup 20B at 1.5 ppm; Sweet corn 
subgroup 15-22D at 0.02 ppm; Vegetable, brassica, head and stem, group 
5-16 at 12 ppm; Vegetable, legume, bean, edible podded, subgroup 6-22A 
at 0.9 ppm; Vegetable, legume, bean, succulent shelled, subgroup 6-22C 
at 0.9 ppm; Vegetable, legume, pulse, bean, dried shelled, except 
soybean, subgroup 6-22E at 0.2 ppm; and Vegetable, fruiting, group 8-10 
at 0.5 ppm.
    The petition also proposed to remove established tolerances for 
residues of indoxacarb in or on the following: Bean, dry seed; Bean, 
succulent; Corn, field, grain; Corn, pop, grain; Corn, sweet, kernel 
plus cob with husk removed; Cotton, undelinted seed; Fruit, pome, 
except pear, group 11; Fruit, stone, group 12; Okra; Pea, southern, 
seed; Pear, oriental; Turnip, greens; Vegetable, Brassica, leafy, group 
5; Vegetable, fruiting, group 8; and Vegetable, leafy, except Brassica, 
group 4.
    That document referenced a summary of the petition, which is 
available in the docket, https://www.regulations.gov. There were no 
comments received in response to the notice.

III. Aggregate Risk Assessment and Determination of Safety

    Section 408(b)(2)(A)(i) of FFDCA allows EPA to establish a 
tolerance (the legal limit for a pesticide chemical residue in or on a 
food) only if EPA determines that the tolerance is ``safe.'' Section 
408(b)(2)(A)(ii) of 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.'' This includes exposure through drinking water and in 
residential settings but does not include occupational exposure. 
Section 408(b)(2)(C) of FFDCA 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 . . 
. .''
    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 this action. EPA has 
sufficient data to assess the hazards of and to make a determination on 
aggregate exposure for indoxacarb including exposure resulting from the 
tolerances established by this action. EPA's assessment of exposures 
and risks associated with indoxacarb follows.
    In an effort to streamline its publications in the Federal 
Register, EPA is not reprinting sections that repeat what has been 
previously published for tolerance rulemaking of the same pesticide 
chemical. Where scientific information concerning a particular chemical 
remains unchanged, the content of those sections would not vary between 
tolerance rulemaking, and EPA considers referral back to those sections 
as sufficient to provide an explanation of the information EPA 
considered in making its safety determination for the new rulemaking.
    EPA has previously published several tolerance rulemakings for 
indoxacarb, in which EPA concluded, based on the available information, 
that there is a reasonable certainty that no harm would result from 
aggregate exposure to indoxacarb and established tolerances for 
residues of that chemical. EPA is incorporating previously published 
sections of those rulemakings that remain unchanged, as described 
further in this rulemaking. Specific information on the risk assessment 
conducted in support of this action, including on the studies received 
and the nature of the adverse effects caused by indoxacarb, can be 
found in the document titled ``Indoxacarb. Human Health Risk Assessment 
for Section 3 Registration in/on Coffee, Strawberry, and Sunflower Crop 
Subgroup 20B; and Crop Group Conversions and Expansions'' which is 
available in the docket for this action at https://www.regulations.gov.
    Toxicological profile. For a discussion of the Toxicological 
Profile of indoxacarb, see Unit III.A. of the rulemaking published in 
the Federal Register of December 8, 2017 (82 FR 57860) (FRL-9970-39).
    Toxicological points of departure/Levels of concern. For a summary 
of the Toxicological Points of Departure/Levels of Concern used for the 
safety assessment of indoxacarb, see Unit III.B. of the December 8, 
2017, rulemaking.
    Exposure assessment. Much of the exposure assessment remains 
unchanged from the rulemaking published on December 8, 2017, although 
the new exposure assessment incorporates the additional dietary 
exposure from the petitioned-for tolerances. Other changes are 
described below.
    Acute and chronic dietary exposure assessments were conducted using 
the Dietary Exposure Evaluation Model-Food Commodity Intake Database 
(DEEM-FCID) Version 4.02. This software uses 2005-2010 food consumption 
data from the U.S. Department of Agriculture's (USDA's) National Health 
and Nutrition Examination Survey, What We Eat in America, (NHANES/
WWEIA). Partially refined acute probabilistic and chronic dietary 
analyses were conducted using percent crop treated data. For food 
commodities, residue distribution files were constructed from field 
trial residues for the probabilistic acute dietary assessment as 
appropriate, and average residues were computed for blended commodities 
and for the chronic dietary assessment.
    Anticipated residue and percent crop treated information. Section 
408(b)(2)(E) of FFDCA authorizes EPA to use available data and 
information on the anticipated residue levels of pesticide residues in 
food and the actual levels of pesticide residues that have been 
measured in food. If EPA relies on such information, EPA must require 
pursuant to FFDCA section 408(f)(1) that data be provided 5 years after 
the tolerance is established, modified, or left in effect, 
demonstrating that the levels in food are not above the levels 
anticipated. For the present action, EPA will issue such data call-ins 
as are required by FFDCA section 408(b)(2)(E) and authorized

[[Page 64812]]

under FFDCA section 408(f)(1). Data will be required to be submitted no 
later than 5 years from the date of issuance of these tolerances.
    Section 408(b)(2)(F) of FFDCA states that the Agency may use data 
on the actual percent of food treated for assessing chronic dietary 
risk only if:
     Condition a: The data used are reliable and provide a 
valid basis to show what percentage of the food derived from such crop 
is likely to contain the pesticide residue.
     Condition b: The exposure estimate does not underestimate 
exposure for any significant subpopulation group.
     Condition c: Data are available on pesticide use and food 
consumption in a particular area, and the exposure estimate does not 
understate exposure for the population in such area.
    In addition, the Agency must provide for periodic evaluation of any 
estimates used. To provide for the periodic evaluation of the estimate 
of PCT as required by FFDCA section 408(b)(2)(F), EPA may require 
registrants to submit data on PCT.
    For the acute dietary risk assessment, the following maximum PCT 
estimates were used: apples (15%); apricots (15%); broccoli (40%), 
cabbage (35%); cauliflower (50%); celery (10%); cherries (2.5%); corn 
(2.5%); cotton (2.5%); cucumbers (10%); lettuce (15%); nectarines 
(40%); peaches (15%); peanuts (5%); peppers (20%); plums/prunes (15%); 
potatoes (2.5%); pumpkins (2.5%); soybeans (2.5%); spinach (2.5%); 
squash (10%); sweet corn (5%); tomatoes (15%); and watermelons (2.5%).
    For the chronic dietary assessment, the following average PCT 
estimates were used: apples (10%); apricots (2.5%); broccoli (30%), 
cabbage (20%); cauliflower (25%); celery (5%); cherries (1%); corn 
(1%); cotton (1%); cucumbers (2.5%); lettuce (5%); nectarines (30%); 
peaches (10%); peanuts (1%); peppers (10%); plums (5%); potatoes (1%); 
prunes (1%); pumpkins (1%); soybeans (1%); spinach (1%); squash (2.5%); 
sweet corn (1%); tomatoes (10%); and watermelons (1%).
    For all other crop commodities with indoxacarb uses and for the 
proposed new uses of indoxacarb, the assessment assumed that 100% of 
the crop was treated.
    In most cases, EPA uses available data from United States 
Department of Agriculture/National Agricultural Statistics Service 
(USDA/NASS), proprietary market surveys, and California Department of 
Pesticide Regulation (CalDPR) Pesticide Use Reporting (PUR) for the 
chemical/crop combination for the most recent 10 years. EPA uses an 
average PCT for chronic dietary risk analysis and a maximum PCT for 
acute dietary risk analysis. The average PCT figure for each existing 
use is derived by combining available public and private market survey 
data for that use, averaging across all observations, and rounding to 
the nearest 5%, except for those situations in which the average PCT is 
less than 1% or less than 2.5% as the average PCT value, respectively. 
In those cases, the Agency would use 1% or 2.5% as the average PCT 
value, respectively. The maximum PCT figure is the highest observed 
maximum value reported within the most recent 10 years of available 
public and private market survey data for the existing use and rounded 
up to the nearest multiple of 5%, except where the maximum PCT is less 
than 2.5%, in which case, the Agency uses 2.5% as the maximum PCT.
    The Agency believes that Conditions a, b, and c discussed above 
have been met. With respect to Condition a, PCT estimates are derived 
from Federal and private market survey data, which are reliable and 
have a valid basis. The Agency is reasonably certain that the 
percentage of the food treated is not likely to be an underestimation. 
As to Conditions b and c, regional consumption information and 
consumption information for significant subpopulations is taken into 
account through EPA's computer-based model for evaluating the exposure 
of significant subpopulations including several regional groups. Use of 
this consumption information in EPA's risk assessment process ensures 
that EPA's exposure estimate does not understate exposure for any 
significant subpopulation group and allows the Agency to be reasonably 
certain that no regional population is exposed to residue levels higher 
than those estimated by the Agency. Other than the data available 
through national food consumption surveys, EPA does not have available 
reliable information on the regional consumption of food to which 
indoxacarb may be applied in a particular area.
    Drinking water and non-occupational exposures. For a summary of the 
drinking water numbers used, see Unit III.A. of the November 16, 2020, 
rulemaking (85 FR 72968) (FRL-10012-78). An acute estimated drinking 
water concentration (EDWC) of 131 parts per billion (ppb) and a chronic 
EDWC of 123 ppb were used in the acute and chronic dietary exposure 
assessments, respectively.
    There are no residential/non-occupational uses of indoxacarb 
proposed for the current action, however, there are currently 
registered uses of indoxacarb that may result in residential handler 
and post-application exposures. The residential exposure scenarios used 
in the aggregate exposure assessment are as follows: the short-term 
residential exposure for use in the child (1 to less than 2 years old) 
aggregate assessment is incidental oral (hand to mouth) exposures from 
post-application exposure resulting from spot (course/pin stream) 
applications to hard/carpeted surfaces and the intermediate-/long-term 
residential exposure for use in the child (1 to less than 2 years old) 
aggregate assessment is incidental oral (hand to mouth) exposures from 
post-application exposure to treated pets (dogs).
    Cumulative exposure. Section 408(b)(2)(D)(v) of FFDCA requires 
that, when considering whether to establish, modify, or revoke a 
tolerance, the Agency consider ``available information'' concerning the 
cumulative effects of a particular pesticide's residues and ``other 
substances that have a common mechanism of toxicity.'' Unlike other 
pesticides for which EPA has followed a cumulative risk approach based 
on a common mechanism of toxicity, EPA has not made a common mechanism 
of toxicity finding as to indoxacarb and any other substances and 
indoxacarb does not appear to produce a toxic metabolite produced by 
other substances. For the purposes of this action, therefore, EPA has 
not assumed that indoxacarb has a common mechanism of toxicity with 
other substances.
    Safety factor for infants and children. EPA continues to conclude 
that there are reliable data showing that the safety of infants and 
children would be adequately protected if the Food Quality Protection 
Act (FQPA) safety factor were reduced from 10X to 1X. The reasons for 
that decision are articulated in Unit III.D. of the December 8, 2017, 
rulemaking.
    Aggregate risks and determination of safety. EPA determines whether 
acute and chronic dietary pesticide exposures are safe by comparing 
dietary exposure estimates to the acute population-adjusted dose (aPAD) 
and chronic population-adjusted dose (cPAD). Short-, intermediate-, and 
chronic-term aggregate risks are evaluated by comparing the estimated 
total food, water, and residential exposure to the appropriate points 
of departure to ensure that an adequate margin of exposure (MOE) 
exists.
    Acute dietary (food and drinking water) risks are below the 
Agency's level of concern of 100% of the aPAD;

[[Page 64813]]

they are 57% of the aPAD for children 1 to 2 years old, which is the 
population subgroup with the highest exposure estimate. Chronic dietary 
(food and drinking water) risks are below the Agency's level of concern 
of 100% of the cPAD; they are 50% of the cPAD for all infants less than 
one year old, which is the population subgroup with the highest 
exposure estimate.
    The short- and intermediate-term aggregate risks combine chronic 
dietary (food and drinking water) and short- and intermediate-term 
residential exposures. For the short-term aggregate risk for children 1 
to less than 2 years old, the aggregate MOE is 120. For the 
intermediate/long-term aggregate risk for children 1 to less than 2 
years old, the aggregate MOE is 250. MOEs below 100 are of concern; 
these MOEs are above 100 and therefore are not of concern.
    Because indoxacarb is classified as ``not likely to be carcinogenic 
to humans'', EPA has concluded that aggregate exposure to indoxacarb is 
not likely to pose a cancer risk.
    Therefore, based on the risk assessments and information described 
above, EPA concludes there is a reasonable certainty that no harm will 
result to the general population, or to infants and children, from 
aggregate exposure to indoxacarb residues.

IV. Other Considerations

A. Analytical Enforcement Methodology

    For a discussion of the available analytical enforcement method, 
see Unit IV.A. of the November 16, 2020, rulemaking.

B. 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 U.S. and Codex are harmonized with respect to the residue 
definition for the commodities included in this petition. There are no 
Codex MRLs for sunflower, coffee, and strawberry. The U.S. tolerance 
for residues of indoxacarb in or on stone fruit group 12-12 is 
harmonized with the Codex MRL for stone fruits at 1 ppm, and the U.S. 
tolerance for residues of indoxacarb in or on Vegetable, legume, pulse, 
bean, dried shelled, except soybean, subgroup 6-22E is harmonized with 
the Codex MRL for mung bean (dry) at 0.2 ppm. The U.S. tolerance levels 
are not harmonized with Codex commodity MRLs for the following groups/
subgroups: Cottonseed subgroup 20C; Fruit, pome, group 11-10, except 
pear; Leafy greens subgroup 4-16A; Vegetable, brassica, head and stem, 
group 5-16; dry cowpea (part of Vegetable, legume, pulse, bean, dried 
shelled, except soybean, subgroup 6-22E); and Vegetable, fruiting, 
group 8-10. Based on available residue data, use by U.S. growers 
consistent with approved label instructions would result in residues 
that exceed the Codex MRL. Harmonizing with these Codex MRLs could put 
U.S. growers at risk of violative residues despite legal use of 
indoxacarb. Moreover, EPA's regulations (40 CFR 152.112(g)) require 
adequate tolerances to be in place in order to register a pesticide for 
use on food. Tolerances harmonized with the Codex MRL would not be 
adequate to cover residues associated with the labeled use of the 
pending pesticide application with which these tolerances are 
associated. Since EPA has determined these tolerances are safe, EPA is 
establishing these tolerances despite the lack of harmonization with 
the related Codex MRLs.

V. Conclusion

    Therefore, tolerances are established for residues of indoxacarb in 
or on Brassica, leafy greens, subgroup 4-16B at 12 ppm; Celtuce at 14 
ppm; Chickpea, dry seed at 0.2 ppm; Coffee, green bean at 0.03 ppm; 
Cottonseed subgroup 20C at 2 ppm; Fennel, florence, fresh leaves and 
stalk at 14 ppm; Field corn subgroup 15-22C at 0.02 ppm; Fruit, pome, 
group 11-10, except pear at 1 ppm; Fruit, stone, group 12-12 at 1 ppm; 
Kohlrabi at 12 ppm; Leaf petiole vegetable subgroup 22B at 14 ppm; 
Leafy greens subgroup 4-16A at 14 ppm; Pear, asian at 0.2 ppm; 
Strawberry at 4 ppm; Sunflower subgroup 20B at 1.5 ppm; Sweet corn 
subgroup 15-22D at 0.02 ppm; Vegetable, brassica, head and stem, group 
5-16 at 12 ppm; Vegetable, fruiting, group 8-10 at 0.5 ppm; Vegetable, 
legume, bean, edible podded, subgroup 6-22A at 0.9 ppm; Vegetable, 
legume, bean, succulent shelled, subgroup 6-22C at 0.9 ppm; and 
Vegetable, legume, pulse, bean, dried shelled, except soybean, subgroup 
6-22E at 0.2 ppm.
    Additionally, the established tolerances on Bean, dry seed; Bean, 
succulent; Corn, field, grain; Corn, pop, grain; Corn, sweet, kernel 
plus cob with husk removed; Cotton, undelinted seed; Fruit, pome, 
except pear, group 11; Fruit, stone, group 12; Okra; Pea, southern, 
seed; Pear, oriental; Turnip, greens; Vegetable, Brassica, leafy, group 
5; Vegetable, fruiting, group 8; and Vegetable, leafy, except Brassica, 
group 4, are removed as unnecessary.

VI. Statutory and Executive Order Reviews

    This action establishes tolerances under FFDCA section 408(d) in 
response to a petition submitted to the Agency. 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 to Executive Order 13045, 
entitled ``Protection of Children from Environmental Health Risks and 
Safety Risks'' (62 FR 19885, April 23, 1997). This action does not 
contain any information collections subject to OMB approval under the 
Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.), nor does it 
require any special considerations under Executive Order 12898, 
entitled ``Federal Actions to Address Environmental Justice in Minority 
Populations and Low-Income Populations'' (59 FR 7629, February 16, 
1994).
    Since tolerances and exemptions that are established on the basis 
of a petition under FFDCA section 408(d), 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

[[Page 64814]]

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).

VII. 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: July 31, 2024.
Charles Smith,
Director, Registration Division, Office of Pesticide Programs.
    Therefore, for the reasons stated in the preamble, EPA is amending 
40 CFR chapter 1 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. Section 180.564, is amended by revising and republishing table 1 to 
paragraph (a)(1) to read as follows:


Sec.  180.564  Indoxacarb; tolerances for residues.

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

                       Table 1 to Paragraph (a)(1)
------------------------------------------------------------------------
                                                             Parts per
                        Commodity                             million
------------------------------------------------------------------------
Alfalfa, forage.........................................              10
Alfalfa, hay............................................              50
Almond, hulls...........................................               8
Apple, wet pomace.......................................             3.0
Beet, garden, roots.....................................            0.30
Beet, garden, tops......................................             6.0
Berry, low growing, except strawberry, subgroup 13-07H..               1
Brassica, leafy greens, subgroup 4-16B..................              12
Bushberry subgroup 13-07B...............................             1.5
Cattle, fat.............................................             1.5
Cattle, meat............................................            0.05
Cattle, meat byproducts.................................            0.03
Celtuce.................................................              14
Chickpea, dry seed......................................             0.2
Coffee, green bean......................................            0.03
Corn, field, forage.....................................             6.0
Corn, field, stover.....................................              15
Corn, pop, stover.......................................              15
Corn, sweet, forage.....................................              10
Corn, sweet, stover.....................................              15
Cotton, gin byproducts..................................              15
Cottonseed subgroup 20C.................................               2
Cowpea, forage..........................................              50
Cowpea, hay.............................................             100
Fennel, florence, fresh leaves and stalk................              14
Field corn subgroup 15-22C..............................            0.02
Fruit, pome, group 11-10, except pear...................               1
Fruit, small vine climbing, except fuzzy kiwifruit,                    2
 subgroup 13-07F........................................
Fruit, stone, group 12-12...............................               1
Goat, fat...............................................             1.5
Goat, meat..............................................            0.05
Goat, meat byproducts...................................            0.03
Grain, aspirated fractions..............................              45
Grape, raisin...........................................             5.0
Hog, fat................................................             1.5
Hog, meat...............................................            0.05
Hog, meat byproducts....................................            0.03
Horse, fat..............................................             1.5
Horse, meat.............................................            0.05
Horse, meat byproducts..................................            0.03
Kohlrabi................................................              12
Leaf petiole vegetable subgroup 22B.....................              14
Leafy greens subgroup 4-16A.............................              14
Milk....................................................            0.15
Milk, fat...............................................             4.0
Nut, tree, group 14-12..................................            0.08
Peanut..................................................            0.01

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Peanut, hay.............................................              40
Pear....................................................            0.20
Pear, asian.............................................             0.2
Peppermint, tops........................................              11
Sheep, fat..............................................             1.5
Sheep, meat.............................................            0.05
Sheep, meat byproducts..................................            0.03
Soybean, hulls..........................................             4.0
Soybean, seed...........................................            0.80
Spearmint, tops.........................................              11
Strawberry..............................................               4
Sunflower subgroup 20B..................................             1.5
Sweet corn subgroup 15-22D..............................            0.02
Vegetable, brassica, head and stem, group 5-16..........              12
Vegetable, cucurbit, group 9............................            0.60
Vegetable, fruiting, group 8-10.........................             0.5
Vegetable, legume, bean, edible podded, subgroup 6-22A..             0.9
Vegetable, legume, bean, succulent shelled, subgroup 6-              0.9
 22C....................................................
Vegetable, legume, pulse, bean, dried shelled, except                0.2
 soybean, subgroup 6-22E................................
Vegetable, tuberous and corm, subgroup 1-C..............            0.01
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[FR Doc. 2024-17371 Filed 8-7-24; 8:45 am]
BILLING CODE 6560-50-P