[Federal Register Volume 90, Number 134 (Wednesday, July 16, 2025)]
[Rules and Regulations]
[Pages 31894-31899]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-13289]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2024-0217; 12852-01-OCSPP]


Acetamiprid; Pesticide Tolerances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation establishes tolerances for residues of 
acetamiprid in or on multiple spice commodities that are identified and 
discussed in this document. Under the Federal Food, Drug, and Cosmetic 
Act (FFDCA), the American Spice Trade Association submitted a petition 
to EPA requesting that EPA establish a maximum permissible level for 
residues of this pesticide in or on these commodities.

DATES: This rule is effective on July 16, 2025. Objections and requests 
for hearings must be received on or before September 15, 2025 and must 
be filed in accordance with the instructions provided in 40 CFR part 
178 (see also Unit I.C. of this document).

ADDRESSES: The docket for this action, identified by docket 
identification (ID) number EPA-HQ-OPP-2024-0217, is available at 
https://www.regulations.gov. Additional instructions on commenting or 
visiting the docket, along with more information about dockets 
generally, is available at https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Charles Smith, Registration Division 
(7505T), Office of Pesticide Programs, Environmental Protection Agency, 
1200 Pennsylvania Ave. NW, Washington, DC 20460-0001; telephone number: 
(202) 566-2427; 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 might apply to 
them:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).
    If you have any questions regarding the applicability of this 
action to a particular entity, consult the person listed under FOR 
FURTHER INFORMATION CONTACT.

B. What is EPA's authority for taking this action?

    EPA is issuing this rulemaking under section 408 of the Federal 
Food, Drug, and Cosmetic Act (FFDCA), 21 U.S.C. 346a. FFDCA section 
408(b)(2)(A)(i) 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.'' FFDCA section 
408(b)(2)(A)(ii) 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. 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. . .''

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. If you fail to file an objection to the 
final rule within the time period specified in the final rule, you will 
have waived the right to raise any issues resolved in the final rule. 
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-
2024-0217 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 15, 2025.
    The EPA's Office of Administrative Law Judges (OALJ), in which the 
Hearing Clerk is housed, urges parties to file and serve documents by 
electronic means only, notwithstanding any other particular 
requirements set forth in other procedural rules governing those 
proceedings. See ``Revised Order Urging Electronic Filing and 
Service,'' dated June 22, 2023, which can be found at https://www.epa.gov/system/files/documents/2023-06/2023-06-22%20-%20revised%20order%20urging%20electronic%20filing%20and%20service.pdf. 
Although the EPA's regulations require submission via U.S. Mail or hand 
delivery, the EPA intends to treat submissions filed via electronic 
means as properly filed submissions; therefore, the EPA believes the 
preference for submission via electronic means will not be prejudicial. 
When submitting documents to the OALJ electronically, a person should 
utilize the OALJ e-filing system at https://yosemite.epa.gov/oa/eab/eab-alj_upload.nsf.
    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 at 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. If you wish to 
include CBI in your request, please follow the applicable instructions 
at https://www.epa.gov/dockets/commenting-epa-dockets#rules and clearly 
mark the information that you claim to be CBI. Information not marked 
confidential pursuant to 40 CFR part 2 may be disclosed publicly by EPA 
without prior notice.

II. Petitioned-For Tolerance

    In the Federal Register of July 1, 2024 (89 FR 54398 (FRL-11682-05-
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 
3F9085) by the American Spice Trade Association. The petition requested 
that 40 CFR part 180 be amended by establishing tolerances

[[Page 31895]]

for residues of the insecticide acetamiprid in or on pepper, black at 
0.1 parts per million (ppm) and the following spices at 2.0 ppm: 
ambrette, seed; angelica, seed; angelica, dahurian, seed; anise, seed; 
annatto, seed; candlebush; caraway, black, seed; caraway, seed; celery, 
seed; chervil, seed; chinese nutmeg tree; coriander, seed; cubeb, seed; 
culantro, seed; cumin, seed; dill, seed; fennel, seed; fennel flower, 
seed; fenugreek, seed; grains of paradise, seed; guarana; honewort, 
seed; lovage, seed; mahaleb; malabar tamarind; milk thistle; mustard, 
black, seed; mustard, brown, seed; mustard, white, seed; nutmeg; poppy 
seed; sesame seed; and wattle seed. That document referenced a summary 
of the petition that was prepared by the petitioner and included in the 
docket. No comments were received in response to that notice of filing.

III. Final Tolerance Action

A. Aggregate Risk Assessment and Determination of Safety

    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. Based upon review 
of the data supporting the petition and in accordance with its 
authority under FFDCA section 408(d)(4)(A)(i), EPA is establishing 
tolerances that vary from what the petitioner sought. Specifically, EPA 
is establishing tolerance values that are consistent with Organization 
for Economic Cooperation and Development (OECD) rounding class 
practice. EPA is also correcting commodity definitions for several 
commodities. The reasons for these changes are explained in Unit IV.C.
    EPA has determined that it has sufficient data to assess the 
hazards of and to make a determination on aggregate exposure for 
acetamiprid, including exposure resulting from the tolerances 
established by this action. EPA's assessment of exposures and risks 
associated with acetamiprid is summarized in this unit.
    In an effort to streamline its publications in the Federal 
Register, EPA is not reprinting discussions that previously published 
in other tolerance rulemakings for 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 this new rulemaking.
    For acetamiprid, EPA previously published a tolerance rulemaking in 
the Federal Register of February 14, 2020 (85 FR 8433 (FRL-10004-12)), 
in which EPA concluded, based on the available information, that there 
is a reasonable certainty that no harm would result from aggregate 
exposure to acetamiprid and established tolerances for residues of that 
chemical. EPA is incorporating previously published sections from that 
rulemaking as described further in this rulemaking, as they remain 
unchanged. 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 acetamiprid, can be found in 
the document titled ``Acetamiprid. Human Health Risk Assessment for 
Proposed Tolerances for Residues, Without U.S. Registrations on Pepper, 
Black and Spices in Crop Group 26 that Overlap with the Codex Crop 
Subgroup of Spices, Seed'' (hereinafter ``Acetamiprid Human Health Risk 
Assessment''), which is available in the docket for this action.

B. Toxicological Profile

    For a discussion of the toxicological profile of acetamiprid, see 
Unit III.A. in the final rule of February 14, 2020.
    Once a pesticide's toxicological profile is determined, EPA 
identifies toxicological points of departure (POD) and levels of 
concern (LOCs) to use in evaluating the risk posed by human exposure to 
the pesticide. For hazards that have a threshold below which there is 
no appreciable risk, the toxicological POD is used as the basis for 
derivation of reference values for risk assessment. PODs are developed 
based on a careful analysis of the doses in each toxicological study to 
determine the dose at which no adverse effects are observed (the NOAEL) 
and the lowest dose at which adverse effects of concern are identified 
(the LOAEL). Uncertainty/safety factors are used in conjunction with 
the POD to calculate a safe exposure level, generally referred to as a 
population-adjusted dose (PAD) or a reference dose (RfD), and a safe 
margin of exposure (MOE). For non-threshold risks, the Agency assumes 
that any amount of exposure will lead to some degree of risk. Thus, the 
Agency estimates risk in terms of the probability of an occurrence of 
the adverse effect expected in a lifetime. For more information on the 
general principles EPA uses in risk characterization and a complete 
description of the risk assessment process, see https://www2.epa.gov/pesticide-science-and-assessing-pesticide-risks/assessing-human-health-risk-pesticides.
    More detailed information on the toxicological endpoints for 
acetamiprid used for human health risk assessment can be found in the 
Acetamiprid Human Health Risk Assessment.

C. Exposure Assessment

    1. Dietary exposure from food and feed uses. In evaluating dietary 
exposure to acetamiprid, EPA considered exposure under the petitioned-
for tolerances as well as all existing acetamiprid tolerances in 40 CFR 
180.578. EPA assessed dietary exposures from acetamiprid in food as 
follows:
    i. Acute exposure. Quantitative acute dietary exposure and risk 
assessments are performed for a food-use pesticide, if a toxicological 
study has indicated the possibility of an effect of concern occurring 
as a result of a 1-day or single exposure. Such effects were identified 
in the toxicological studies for acetamiprid. In estimating acute 
dietary exposure, EPA used the Dietary Exposure Evaluation Model 
software with the 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). As to 
residue levels in food, the acute dietary exposure assessment used 
tolerance-level residues, 100 percent crop treated (PCT), and empirical 
and default processing factors.
    ii. Chronic exposure. In conducting the chronic dietary exposure 
assessment, EPA likewise used DEEM-FCID, Version 4.02, which 
incorporates 2005-2010 consumption data from USDA's NHANES/WWEIA. As to 
residue levels in food, the chronic dietary exposure assessment used 
tolerance-level residues except for milk and apple juice, for which EPA 
used Pesticide Data Program monitoring data; 100 PCT; and empirical and 
default processing factors. The chronic assessment also accounted for 
potential residues from the food handling establishment (FHE) use of 
acetamiprid. For commodities that would only have residues resulting 
from the FHE use, EPA used a residue value of one-half of the existing 
FHE tolerance and a PCT estimate of 4.65%.
    iii. Cancer. EPA has concluded that acetamiprid is not likely to be 
carcinogenic to humans. Therefore, a dietary exposure assessment for 
the purpose of assessing cancer risk is unnecessary.

[[Page 31896]]

    iv. Anticipated residue and PCT information. FFDCA section 
408(b)(2)(E) 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 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.
    FFDCA section 408(b)(2)(F) states that EPA 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, EPA 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.
    The acute and chronic assessments assumed 100 PCT for agricultural 
uses and the PCT estimate of 4.65% for the FHE use.
    EPA estimates the percent of commodities treated in FHEs for uses 
of active ingredients based on the best available information. This 
includes survey information on pesticide usage related to the number of 
facilities being treated, product forms used (e.g., liquids and 
aerosols), and treatment schedule by FHE segments (e.g., warehouse, 
food processor, distributor, and restaurant). EPA also incorporated the 
best available information related to the transfer of commodities 
between various segments of FHEs and the percent of food consumed by 
location, either in the home or outside the home.
    All information currently available has been considered and EPA has 
concluded that for any active ingredient, including acetamiprid, there 
is at most a 4.65% likelihood that a food commodity could contain 
potential residues resulting from one or more treatments while in the 
FHE channel of trade. Similar to estimates of agricultural use, this 
estimate should be reconsidered in 5 years.
    EPA believes that the three conditions discussed in Unit 
III.C.1.iv. 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. EPA 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 EPA 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 acetamiprid 
may be applied in a particular area.
    2. Dietary exposure from drinking water. The Agency used screening 
level water exposure models in the dietary exposure analysis and risk 
assessment for acetamiprid in drinking water. These simulation models 
take into account data on the physical, chemical, and fate/transport 
characteristics of acetamiprid. Further information regarding EPA 
drinking water models used in pesticide exposure assessment can be 
found at https://www.epa.gov/pesticide-science-and-assessing-pesticide-risks/models-pesticide-risk-assessment.
    Based on the Pesticide in Water Calculator and Provisional 
Cranberry Model, the estimated drinking water concentrations of 
acetamiprid for acute exposures are 88.1 parts per billion (ppb) in 
surface water and 211 ppb in ground water, and for chronic exposures 
are 12.7 ppb in surface water and 175 ppb in ground water.
    Modeled estimates of drinking water concentrations were directly 
entered into the dietary exposure model. For the acute dietary risk 
assessment, the water concentration value of 211 ppb was used to assess 
the contribution from drinking water. For the chronic dietary risk 
assessment, the water concentration of value 175 ppb was used to assess 
the contribution from drinking water.
    3. From non-dietary exposure. The term ``residential exposure'' is 
used in this document to refer to non-occupational, non-dietary 
exposure (e.g., for lawn and garden pest control, indoor pest control, 
termiticides, and flea and tick control on pets). There are no new 
proposed residential uses for acetamiprid at this time. However, 
acetamiprid is currently registered for uses that could result in 
residential handler and post-application exposures, including gardens 
and trees, spot-on pet treatment, fly control, indoor crack/crevice, 
mattresses for bed bug control, and animal barns. For a summary of 
these exposures, see Unit III.C.3. in the final rule of February 14, 
2020.
    4. Cumulative effects from substances with a common mechanism of 
toxicity. FFDCA section 408(b)(2)(D)(v) requires that, when considering 
whether to establish, modify, or revoke a tolerance, the Agency 
considers ``available information'' concerning the cumulative effects 
of a particular pesticide's residues and ``other substances that have a 
common mechanism of toxicity.''
    EPA has not found acetamiprid to share a common mechanism of 
toxicity with any other substances, and acetamiprid does not appear to 
produce a toxic metabolite produced by other substances. For the 
purposes of this tolerance action, therefore, EPA has assumed that 
acetamiprid does not have a common mechanism of toxicity with other 
substances. For information regarding EPA's efforts to determine which 
chemicals have a common mechanism of toxicity and to evaluate the 
cumulative effects of such chemicals, see EPA's website at https://www.epa.gov/pesticide-science-and-assessing-pesticide-risks/cumulative-assessment-risk-pesticides.

D. Safety Factor for Infants and Children

    1. In general. FFDCA section 408(b)(2)(C) provides that EPA shall 
apply an additional tenfold (10X) margin of safety for infants and 
children in the case of threshold effects to account for prenatal and 
postnatal toxicity and the completeness of the database on toxicity and 
exposure unless EPA determines based on reliable data that a different 
margin of safety will be safe for infants and children. This additional 
margin of safety is commonly referred to as the Food Quality Protection 
Act (FQPA) Safety Factor (SF). In applying this provision, EPA either 
retains the default value of 10X, or uses a different additional safety 
factor when reliable data available to

[[Page 31897]]

EPA support the choice of a different factor.
    2. Prenatal and postnatal sensitivity. Evidence of qualitative 
susceptibility was observed in the 2-generation reproductive toxicity 
study, with the offspring effects (reductions in pup weights, reduction 
in litter size and viability, delays in weaning indices and the age to 
attain vaginal opening and preputial separation) considered more severe 
than the observed decrease in parental body weights. Qualitative 
susceptibility was also seen in the developmental neurotoxicity study 
with offspring effects (decreased pup weight, pre-weaning survival, and 
decreased startle response) occurring in the presence of marginal 
parental body weight decreases.
    3. Conclusion. EPA has determined that reliable data show the 
safety of infants and children would be adequately protected if the 
FQPA SF were reduced to 1X for all scenarios, with the exception of the 
assessment of inhalation exposure. The default FQPA 10X SF remains in 
place for assessing inhalation exposure due to the lack of a subchronic 
inhalation study. That decision is based on the following findings:
    i. The toxicity database for acetamiprid is complete with the 
exception of a subchronic inhalation study.
    ii. Acetamiprid produced signs of neurotoxicity in the high dose 
groups of the acute and developmental neurotoxicity studies in rats and 
the subchronic toxicity study in mice. However, no neurotoxic findings 
were reported in the subchronic neurotoxicity study in rats. 
Additionally, there are clear NOAELs identified for the neurotoxicity 
effects observed in the guideline studies. The doses and endpoints 
selected for risk assessment are protective and account for all adverse 
toxicological effects observed in the database.
    iii. No quantitative or qualitative evidence of increased 
susceptibility of fetuses to in utero exposure to acetamiprid was 
observed in the developmental toxicity study in either rats or rabbits. 
Although increased qualitative susceptibility was seen in the 
reproduction toxicity and the DNT study, the degree of concern for the 
effects is low. There are clear NOAELs for the offspring effect and 
regulatory doses were selected to be protective of these effects. No 
other residual uncertainties were identified with respect to 
susceptibility. The endpoints and doses selected for acetamiprid are 
protective of adverse effects in both offspring and adults.
    iv. There are no residual uncertainties identified in the exposure 
databases. The acute dietary food exposure assessment was performed 
based on 100 PCT and tolerance-level residues, and the chronic dietary 
exposure assessment was slightly refined using 100 PCT and tolerance-
level residues for most agricultural commodities, with a PCT estimate 
of 4.65% used for commodities that would only have residues resulting 
from the FHE use. EPA made conservative (protective) assumptions in the 
ground and surface water modeling used to assess exposure to 
acetamiprid in drinking water. EPA used similarly conservative 
assumptions to assess post-application exposure of children as well as 
incidental oral exposure of toddlers. These assessments will not 
underestimate the exposure and risks posed by acetamiprid.

E. Aggregate Risks and Determination of Safety

    EPA determines whether acute and chronic dietary pesticide 
exposures are safe by comparing aggregate exposure estimates to the 
acute Population Adjusted Dose (aPAD) and chronic PAD (cPAD). For 
linear cancer risks, EPA calculates the lifetime probability of 
acquiring cancer given the estimated aggregate exposure. Short-, 
intermediate-, and chronic-term risks are evaluated by comparing the 
estimated aggregate food, water, and residential exposure to the 
appropriate PODs to ensure that an adequate margin of exposure (MOE) 
exists. Where different routes of exposure have different levels of 
concern, the Agency uses the aggregate risk index (ARI) approach for 
calculating short-, intermediate-, and long-term aggregate risk 
estimates.
    1. Acute dietary risk. The acute dietary risk estimates for 
acetamiprid are not of concern. Using the exposure assumptions 
discussed in this unit for acute exposure, EPA has concluded that acute 
exposure to acetamiprid from food and water is 75% of the aPAD for 
children 1 to 2 years old, the population group receiving the greatest 
exposure.
    2. Chronic dietary risk. The chronic dietary risk estimates for 
acetamiprid are not of concern. Using the exposure assumptions 
described in this unit for chronic exposure, EPA has concluded that 
chronic exposure to acetamiprid from food and water is 31% of the cPAD 
for all infants <1 year old, the population group receiving the 
greatest exposure.
    3. Short-term risk. Short-term aggregate exposure takes into 
account short-term residential exposure plus chronic exposure to food 
and water (considered to be a background exposure level).
    Acetamiprid is currently registered for uses that could result in 
short-term residential exposure, and the Agency has determined that it 
is appropriate to aggregate chronic exposure through food and water 
with short-term residential exposures to acetamiprid.
    Using the exposure assumptions described in this unit for short-
term exposures, EPA used the ARI approach for calculating the exposure 
estimates. Estimates greater than or equal to 1.0 are not of concern. 
For all lifestages, the ARIs are greater than the target ARI of 1.0, 
and are not of concern. The ARIs ranged from 1.4 to 5.3. Children 1 to 
< 2 years old exposed to bed bug treatments indoors resulted in the 
lowest aggregate ARI of 1.4.
    4. Intermediate-term risk. Intermediate-term aggregate exposure 
takes into account intermediate-term residential exposure plus chronic 
exposure to food and water (considered to be a background exposure 
level).
    An intermediate-term adverse effect was identified, and 
intermediate-term exposure is expected; however, since the same 
endpoint and POD were selected for short- and intermediate term 
durations, short-term exposure and risk estimates are considered 
protective of potential intermediate-term exposure and risk.
    5. Long-term risk. For both adults and children, worst-case long-
term scenarios reflect post-application exposure to pets treated with 
spot-on products. The long-term aggregate risk estimates are not of 
concern.
    6. Aggregate cancer risk for U.S. population. Based on the lack of 
evidence of carcinogenicity in two adequate rodent carcinogenicity 
studies, acetamiprid is not likely to be carcinogenic to humans.
    7. Determination of safety. Based on these risk assessments, EPA 
concludes that there is a reasonable certainty that no harm will result 
to the general population, or to infants and children, from aggregate 
exposure to acetamiprid residues.

IV. Other Considerations

A. Analytical Enforcement Methodology

    Approved tolerance enforcement methods for acetamiprid residues in 
crops are available, including methods using gas chromatography with 
electron capture detection (GC/ECD) analysis for vegetables and non-
citrus fruits, high-performance liquid chromatography with ultraviolet 
detection (HPLC/UV) analysis for citrus fruits only, and HPLC with 
tandem mass spectrometric

[[Page 31898]]

detection (LC/MS/MS) analysis for vegetables and non-citrus fruits. An 
approved HPLC/UV tolerance enforcement method for livestock matrices is 
available.
    The method may be requested from: Chief, Analytical Chemistry 
Branch, Environmental Science Center, 701 Mapes Rd., Ft. Meade, MD 
20755-5350; telephone number: (410) 305-2905; email address: 
[email protected].

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 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 tolerance levels established in this action are harmonized with 
the established Codex MRLs for all commodities.

C. Revisions to Petitioned-For Tolerances

    Based upon review of the data supporting the petition, EPA is 
establishing tolerances that vary from what the petitioner requested. 
Specifically, EPA is correcting commodity definitions for the following 
commodities: ``caraway, black, seed'' and ``caraway, seed'' to 
``caraway, black''; ``cumin, seed'' to ``cumin''; ``fennel, seed'' to 
``fennel, common, seed''; ``grains of paradise, seed'' to ``grains of 
paradise''; ``malabar tamarind'' to ``tamarind, seed''; ``mustard, 
black, seed'', ``mustard, brown, seed'', and ``mustard, white, seed'' 
to ``mustard, seed''; and ``wattle seed'' to ``wattleseed''.
    EPA is also establishing tolerance values that are consistent with 
OECD rounding class practice by dropping trailing zeroes. EPA is 
establishing tolerances at 2 ppm, rather than the requested 2.0 ppm, 
for the following spices: ambrette, seed; angelica, seed; angelica, 
dahurian, seed; anise, seed; annatto, seed; candlebush; caraway, black; 
celery, seed; chervil, seed; chinese nutmeg tree; coriander, seed; 
cubeb, seed; culantro, seed; cumin; dill, seed; fennel, common, seed; 
fennel flower, seed; fenugreek, seed; grains of paradise; guarana; 
honewort, seed; lovage, seed; mahaleb; tamarind, seed; milk thistle; 
mustard, seed; and wattleseed.

V. Conclusion

    Therefore, tolerances are established for residues of acetamiprid, 
in or on pepper, black at 0.1 ppm and the following spices at 2 ppm: 
ambrette, seed; angelica, seed; angelica, dahurian, seed; anise, seed; 
annatto, seed; candlebush; caraway, black; celery, seed; chervil, seed; 
chinese nutmeg tree; coriander, seed; cubeb, seed; culantro, seed; 
cumin; dill, seed; fennel, common, seed; fennel flower, seed; 
fenugreek, seed; grains of paradise; guarana; honewort, seed; lovage, 
seed; mahaleb; milk thistle; mustard, seed; nutmeg; poppy seed; sesame, 
seed; tamarind, seed and wattleseed.

VI. 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.

A. Executive Order 12866: Regulatory Planning and Review

    This action is exempt from review under Executive Order 12866 (58 
FR 51735, October 4, 1993), because it establishes or modifies a 
pesticide tolerance or a tolerance exemption under FFDCA section 408 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.

B. Executive Order 14192: Unleashing Prosperity Through Deregulation

    Executive Order 14192 (90 FR 9065, February 6, 2025) does not apply 
because actions that establish a tolerance under FFDCA section 408 are 
exempted from review under Executive Order 12866.

C. 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.

D. Regulatory Flexibility Act (RFA)

    Since tolerance actions 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 RFA, 5 U.S.C. 601 et seq., do not apply to this 
action.

E. Unfunded Mandates Reform Act (UMRA)

    This action does not contain an unfunded mandate of $100 million or 
more (in 1995 dollars and adjusted annually for inflation) 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 on the private sector.

F. Executive Order 13132: Federalism

    This action does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999), because it will 
not have substantial direct effects on the states, on the relationship 
between the national government and the states, or on the distribution 
of power and responsibilities among the various levels of government.

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

    This action does not have tribal implications as specified in 
Executive Order 13175 (65 FR 67249, November 9, 2000), because it will 
not have substantial direct effects on tribal governments, on the 
relationship between the federal government and the Indian tribes, or 
on the distribution of power and responsibilities between the federal 
government and Indian tribes.

H. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    This action is not subject to Executive Order 13045 (62 FR 19885, 
April 23, 1997) because tolerance actions like this one are exempt from 
review under Executive Order 12866. However, EPA's 2021 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)). The Agency's consideration is summarized in 
Unit III.D.

[[Page 31899]]

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

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

J. National Technology Transfer Advancement Act (NTTAA)

    This action does not involve technical standards that would require 
Agency consideration under NTTAA section 12(d), 15 U.S.C. 272.

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 2, 2025.
Charles Smith,
Director, Registration Division Office of Pesticide Programs.

    For the reasons set forth 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. Amend Sec.  180.578, by:
0
a. Adding the heading ``Table 1 to Paragraph (a)(1)'' to the table in 
paragraph (a)(1);
0
b. Adding the following commodities in alphabetical order to the table 
in paragraph (a)(1): ``ambrette, seed''; ``angelica, seed''; 
``angelica, dahurian, seed''; ``anise, seed''; ``annatto, seed''; 
``candlebush''; ``caraway, black''; ``celery, seed''; ``chervil, 
seed''; ``chinese nutmeg tree''; ``coriander, seed''; ``cubeb, seed''; 
``culantro, seed''; ``cumin''; ``dill, seed''; ``fennel, common, 
seed''; ``fennel flower, seed''; ``fenugreek, seed''; ``grains of 
paradise''; ``guarana''; ``honewort, seed''; ``lovage, seed''; 
``mahaleb''; ``milk thistle''; ``mustard, seed''; ``nutmeg''; ``pepper, 
black''; ``poppy seed''; ``sesame, seed''; ``tamarind, seed''; 
``wattleseed''; and
0
c. Adding an end note 2 to the table in paragraph (a)(1).
    The additions read as follows:


Sec.  180.578  Acetamiprid; tolerances for residues.

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

                       Table 1 to Paragraph (a)(1)
------------------------------------------------------------------------
                                                               Parts per
                          Commodity                             million
------------------------------------------------------------------------
 
                                * * * * *
Ambrette, seed \2\..........................................           2
Angelica, seed \2\..........................................           2
Angelica, dahurian, seed \2\................................           2
Anise, seed \2\.............................................           2
Annatto, seed \2\...........................................           2
 
                                * * * * *
Candlebush \2\..............................................           2
 
                                * * * * *
Caraway, black \2\..........................................           2
Celery, seed \2\............................................           2
 
                                * * * * *
Chervil, seed \2\...........................................           2
Chinese nutmeg tree \2\.....................................           2
 
                                * * * * *
Coriander, seed \2\.........................................           2
 
                                * * * * *
Cubeb, seed \2\.............................................           2
Culantro, seed \2\..........................................           2
Cumin \2\...................................................           2
Dill, seed \2\..............................................           2
 
                                * * * * *
Fennel flower, seed \2\.....................................           2
Fennel, common, seed \2\....................................           2
Fenugreek, seed \2\.........................................           2
 
                                * * * * *
Grains of paradise \2\......................................           2
 
                                * * * * *
Honeywort, seed \2\.........................................           2
 
                                * * * * *
Lovage, seed \2\............................................           2
Mahaleb \2\.................................................           2
Milk, thistle \2\...........................................           2
Mustard, seed \2\...........................................           2
Nutmeg \2\..................................................           2
 
                                * * * * *
Pepper, black \2\...........................................         0.1
Poppy, seed \2\.............................................           2
 
                                * * * * *
Sesame, seed \2\............................................           2
 
                                * * * * *
Tamarind, seed \2\..........................................           2
 
                                * * * * *
Wattleseed \2\..............................................           2
------------------------------------------------------------------------
\1\ There are no U.S. registrations as of February 10, 2010, for the use
  of acetamiprid on dried tea.
\2\ There are no U.S. registrations for these commodities as of July 16,
  2025.

* * * * *
[FR Doc. 2025-13289 Filed 7-15-25; 8:45 am]
BILLING CODE 6560-50-P