[Federal Register Volume 91, Number 103 (Friday, May 29, 2026)]
[Rules and Regulations]
[Pages 31958-31962]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-10711]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2025-0158; FRL-13382-01-OCSPP]


Propylene Oxide; Pesticide Tolerances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation establishes tolerances for residues of 
propylene oxide (PPO) in or on sesame, seed; turmeric, roots, dried; 
ginger, dried; pepper, bell, dried; and pepper, nonbell, dried. ABERCO, 
Inc., a Balchem Company, submitted a petition to EPA requesting that 
EPA establish a maximum permissible level for residues of this 
pesticide in or on the identified commodities.

DATES: This regulation is effective May 29, 2026. Objections and 
requests for hearings must be received July 28, 2026, 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-2025-0158, is available at 
https://www.regulations.gov. Additional information about dockets 
generally, along with instructions for visiting the docket center in 
person, 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) 566-1030; email address: [email protected].

SUPPLEMENTARY INFORMATION:

I. Executive Summary

A. Does this action apply to me?

    You may be potentially affected by this action if you are an 
agricultural producer, food manufacturer, or pesticide manufacturer. 
The following list of North American Industrial Classification System 
(NAICS) codes is not intended to be exhaustive, but rather provides a 
guide to help readers determine whether this document applies to them. 
Potentially affected entities may include:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).
    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-
2025-0158 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 July 28, 2026.
    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 ``Order Urging Electronic Filing and Service,'' dated 
December 3, 2025, which can be found at https://www.epa.gov/system/files/documents/2025-12/2025-12-03-order-urging-electronic-filing-and-service.pdf. Although the EPA's regulations require submission via U.S. 
Mail or hand delivery, 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.

[[Page 31959]]

II. Petitioned-For Tolerance

    In the Federal Register of September 5, 2025 (90 FR 42896) (FRL-
12474-06-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 5F9175) by ABERCO, Inc., a Balchem Company, 5 Paragon 
Drive, Suite 201, Montvale, NJ 07645. The petition requested that 40 
CFR part 180 be amended by establishing tolerances for residues of the 
fungicide propylene oxide (PPO), in or on sesame, seed; turmeric, 
roots, dried; ginger, dried; pepper, bell, dried; and pepper, nonbell, 
dried at 300 parts per million (ppm) for PPO, including its metabolites 
and degradates, and 6,000 ppm for its reaction product propylene 
chlorohydrin (PCH), including its metabolites and degradates. That 
document referenced a summary of the petition prepared by ABERCO, Inc., 
a Balchem Company, the registrant, which is available in the docket, ID 
number EPA-HQ-OPP-2025-0158, at http://www.regulations.gov.
    EPA received one comment on the notice of filing. The comment did 
not pertain to the PPO or PCH tolerances described in the notice of 
filing and provided no information indicating that a safety 
determination for these tolerances cannot be supported.
    EPA is not establishing the petitioned-for PCH tolerances because 
the request was subsequently withdrawn by the petitioner. The reason 
for this change is explained in Unit IV.C.

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. EPA has 
sufficient data to assess the hazards of and to make a determination on 
aggregate exposure for PPO, including exposure resulting from the 
tolerances established by this action. EPA's assessment of exposures 
and risks associated with PPO follows.

B. Toxicological Profile

    EPA has evaluated the available toxicity data and considered its 
validity, completeness, and reliability as well as the relationship of 
the results of the studies to human risk. EPA has also considered 
available information concerning the variability of the sensitivities 
of major identifiable subgroups of consumers, including infants and 
children.
    Systemic effects in toxicity studies via the inhalation route 
suggest that PPO is absorbed locally and systemically, accumulating in 
the mucosa of the nose, trachea, and lung, but also reaching the liver; 
however, data suggest that inhalation exposure produces adverse effects 
only at the portal of entry. Oral and dermal toxicity studies have also 
found mostly portal of entry effects, suggesting that PPO is minimally 
absorbed systemically via those routes. Hydrolysis of PPO may occur 
spontaneously in the acidic environment of the stomach. Under in vitro 
conditions similar to the stomach environment, PPO hydrolysis is fast 
(half-life of 1 minute) and yields propylene glycol. Conjugation of PPO 
to glutathione (GSH), and alkylation to DNA or proteins can also occur, 
especially at the portal of entry. Chronic oral gavage dosing induced 
forestomach lesions in rats; however, this effect is not relevant for 
risk assessment because humans do not have a forestomach or any similar 
tissues. Inhalation exposure to PPO decreased non-protein sulfhydryl 
(NPSH) levels in respiratory mucosa, lung, and liver, and induced nasal 
cavity lesions in rats (olfactory epithelium atrophy, necrosis and 
regeneration; respiratory epithelium regeneration; inflammation; 
epithelial and squamous metaplasia) and mice (inflammation). For 
inhalation exposure, PPO is classified as ``B2; Probable Human 
Carcinogen'' by the Integrated Risk Information System, and a cancer 
slope factor (Q1*) of 3.7 x 10-6 ([mu]g/m\3\)-1 
based on nasal cavity hemangioma in mice is used for inhalation risk 
assessment. There is no offspring susceptibility in the PPO database.
    In animal studies via the oral route, PCH targets primarily the 
acinar cells of the pancreas, with lesions that progress from 
cytoplasmic alteration and degeneration at 14 days, to fatty change and 
focal metaplasia at 90 days of exposure. In prenatal developmental 
studies in rat and rabbit, fetuses had decreased weight at the same 
dose that showed increased incidence of maternal mortality and pre-term 
delivery. In a reproductive study, rat dams showed decreased body 
weight at delivery and during lactation at a higher dose than that 
causing decreased body weight in pups, indicating offspring 
susceptibility. In an acute neurotoxicity study, lower total ambulatory 
activity was observed. PCH is classified as ``Not Likely to be 
Carcinogenic to Humans.'' This is based on a lack of treatment-related 
tumors observed in male and female mice and rats. There is also low 
concern for mutagenicity in vivo.
    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 PPO and PCH, can be found in the document 
titled ``Propylene Oxide. Human Health Risk Assessment for Proposed New 
Uses on Sesame, seed; Turmeric, roots, dried; Ginger, dried; Pepper, 
bell, dried; and Pepper, nonbell, dried'' (hereinafter ``PPO Human 
Health Risk Assessment''), which is available in the docket for this 
action.

C. Toxicological Points of Departure/Levels of Concern

    Once a pesticide's toxicological profile is determined, EPA 
identifies toxicological points of departure (POD) and levels of 
concern 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://www.epa.gov/pesticide-science-and-assessing-pesticide-risks/human-health-risk-pesticides.
    More detailed information on the toxicological endpoints for PPO 
and PCH used for human health risk assessment can be found in the PPO 
Human Health Risk Assessment, which is available in the docket for this 
action.

D. Exposure Assessment

1. Dietary Exposure From Food and Feed Uses
    In evaluating dietary exposure to PPO and PCH, EPA considered 
exposure under the petitioned-for tolerances as

[[Page 31960]]

well as all existing PPO tolerances in 40 CFR 180.491. A quantitative 
dietary exposure assessment was not conducted for PPO, because no 
effect of concern was identified in the database for oral exposure 
scenarios and no dietary PODs were selected for PPO for any population. 
A quantitative dietary exposure assessment was conducted for PCH only. 
EPA assessed dietary exposures from PCH 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 
for PCH. 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 model uses 2005-2010 food 
consumption information from the United States Department of 
Agriculture's National Health and Nutrition Examination Survey, What We 
Eat in America (NHANES/WWEIA). As to residue levels in food, EPA 
conducted a partially refined acute dietary (food only) exposure and 
risk assessment, taking into account the interval between treatment and 
availability of treated commodities for consumption. EPA assumed 100 
percent crop treated (PCT) for all commodities.
    ii. Chronic exposure. In estimating chronic dietary exposure, EPA 
used the DEEM-FCID Version 4.02 and 2005-2010 food consumption 
information from the NHANES/WWEIA. As to residue levels in food, EPA 
conducted a partially refined chronic dietary (food only) exposure and 
risk assessment, taking into account the interval between treatment and 
availability of treated commodities for consumption. EPA assumed 100 
PCT for all commodities.
    iii. Cancer. PCH has been classified as ``Not Likely to be 
Carcinogenic to Humans,'' and therefore a cancer dietary assessment was 
not conducted.
    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. EPA assumed 100 PCT for 
both the acute and chronic dietary assessments for this action.
2. Dietary Exposure From Drinking Water
    Based on the registered and proposed uses of PPO as an indoor 
fumigant, PPO and PCH residues are not expected in surface water or 
groundwater, so exposure to PPO and PCH in drinking water is not 
expected. A quantitative drinking water exposure assessment therefore 
was not conducted for PPO or PCH.
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 residential uses of PPO registered or 
proposed, and no residential handler or residential post-application 
exposure is expected. Quantitative residential handler and residential 
post-application exposure assessments therefore were not conducted for 
PPO or PCH.
4. Cumulative Effects From Substances With a Common Mechanism of 
Toxicity
    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 
PPO or PCH and any other substances and they do not appear to produce a 
toxic metabolite produced by other substances. Therefore, for the 
purposes of this action, EPA has not assumed that neither PPO nor PCH 
has a common mechanism of toxicity with other substances.

E. Safety Factor for Infants and Children

    Section 408(b)(2)(C) of FFDCA 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. In applying this provision, EPA either retains 
the default value of 10X, or uses a different additional safety factor 
when reliable data available to EPA support the choice of a different 
factor.
    Based on the analysis in section 4.1 of the PPO Human Health Risk 
Assessment, EPA concludes that there is reliable data to support the 
reduction of the FQPA safety factor for PPO and PCH to 1X. That 
analysis demonstrates that a FQPA safety factor of 1X will be safe for 
infants and children because the available information fully accounts 
for the potential for pre- and post-natal toxicity of PPO and PCH and 
the toxicological and exposure databases for PPO and PCH are adequate 
to characterize potential pre- and post-natal risk for infants and 
children.

F. 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 PAD (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 MOE exists.
1. Acute Risk
    There are no registered or proposed uses of PPO that are expected 
to result in drinking water exposure. Therefore, the acute aggregate 
risk assessment considers exposures from food only. For PPO, no adverse 
effect resulting from oral exposure was identified and no dietary 
endpoint was selected. Therefore, PPO is not expected to pose an acute 
risk. For PCH, using the exposure assumptions described in this unit 
for acute exposure, EPA has concluded that acute exposure to PCH from 
food will occupy 16% of the aPAD for children 1-2 years old, the 
population group receiving the greatest exposure, and is not of 
concern.
2. Chronic Risk
    There are no registered or proposed uses of PPO that are expected 
to result in drinking water exposure or direct residential exposure. 
Therefore, the chronic aggregate risk assessment considers exposures 
from food only. For PPO, no adverse effect resulting from oral exposure 
was identified and no dietary endpoint was selected. Therefore, PPO is 
not expected to pose a chronic risk. For PCH, using the exposure 
assumptions described in this unit for chronic exposure, EPA has

[[Page 31961]]

concluded that chronic exposure to PCH from food will utilize 8.0% of 
the cPAD for children 1-2 years old, the population group receiving the 
greatest exposure, and is not of concern.
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). Because there are no 
registered or proposed uses of PPO resulting in direct residential 
exposures, and no residues expected in drinking water, the short-term 
risk is equal to the chronic dietary risk described above.
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). Because there 
are no registered or proposed uses of PPO resulting in direct 
residential exposures, and no residues expected in drinking water, the 
intermediate-term risk is equal to the chronic dietary risk described 
above.
5. Aggregate Cancer Risk for U.S. Population
    No dietary cancer risks of concern were identified for PPO or PCH. 
The Agency did not conduct an oral quantitative cancer risk assessment 
for PPO, based on the available information (i.e., no effects relevant 
to humans were identified as a result of oral exposure to PPO). 
Similarly, no cancer risk of concern was identified for PCH. PCH is 
classified as ``Not Likely to be Carcinogenic to Humans''.
6. 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 PPO 
residues, including its metabolites and degradates. More detailed 
information about the Agency's analysis can be found in the PPO Human 
Health Risk Assessment, which is available in the docket for this 
action.

IV. Other Considerations

A. Analytical Enforcement Methodology

    The available analytical enforcement method, ABC METHOD 46306-PPO/
Hydrins Rev 1.0, is able to quantitate the residues of PPO in various 
commodities using head space gas chromatography with flame ionization 
detection (GC/FID). A confirmatory method has been validated for PPO 
and PCH, utilizing GC with electron impact ionization mass spectrometry 
(EIMS) for quantitation of PPO, and either GC/EIMS or GC/ELCD (electron 
capture detection) for quantitation of the isomers of PCH. More 
detailed information about analytical enforcement methodology can be 
found in the PPO Human Health Risk Assessment, which is available in 
the docket for this action.

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 (MRL) established by 
the Codex Alimentarius Commission (Codex), as required by FFDCA section 
408(b)(4). Codex is a joint United Nations Food and Agriculture 
Organization/World Health Organization food standards program, and it 
is recognized as an international food safety standards-setting 
organization in trade agreements to which the United States is a party. 
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.
    Codex has not established a MRL for PPO in or on ginger, bell or 
nonbell pepper, sesame seed, or turmeric, roots.

C. Revisions to Petitioned-For Tolerances

    During the registration review of PPO conducted under the Federal 
Insecticide, Fungicide, and Rodenticide Act (FIFRA), EPA determined 
that PCH tolerances are not needed since PPO residues alone are 
adequate for detection of PPO misuse for enforcement activities, and 
there are no established Codex MRLs for PCH. For regulatory clarity, 
and to ensure residues of PPO reaction products (including PCH and 
propylene bromohydrin) remain covered under the PPO tolerances, the 
Agency proposed and finalized a rule under the FFDCA removing all PCH 
tolerances from 40 CFR 180.491 and revising the tolerance expression 
for PPO to specify the inclusion of these reaction products. See 90 FR 
42896, June 9, 2025 (FRL-12765-01-OCSPP), and 91 FR 21386, April 22, 
2026 (FRL-12765-02-OCSPP). As a result, the petitioner withdrew its 
request that EPA establish the petitioned-for PCH tolerances, and EPA 
is not establishing these tolerances.

V. Conclusion

    Therefore, tolerances are established for residues of propylene 
oxide in or on ginger, dried; pepper, bell, dried; pepper, nonbell, 
dried; sesame, seed; and turmeric, roots, dried at 300 ppm.

VI. Statutory and Executive Order Reviews

    Additional information about these statutes and executive orders 
can be found at https://www.epa.gov/regulations/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

[[Page 31962]]

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 2026 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.E.

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: May 18, 2026.
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.  180.491 by adding, in alphabetical order, the entries 
``Ginger, dried'', ``Pepper, bell, dried'', ``Pepper, nonbell, dried'', 
``Sesame, seed'', and ``Turmeric, roots, dried'' to table 1 to 
paragraph (a) to read as follows:


Sec.  180.491  Propylene oxide; tolerances for residues.

    (a) * * *

                        Table 1 to Paragraph (a)
------------------------------------------------------------------------
                                                               Parts per
                          Commodity                             million
------------------------------------------------------------------------
 
                                * * * * *
Ginger, dried...............................................         300
 
                                * * * * *
Pepper, bell, dried.........................................         300
Pepper, nonbell, dried......................................         300
 
                                * * * * *
Sesame, seed................................................         300
Turmeric, roots, dried......................................         300
------------------------------------------------------------------------

* * * * *
[FR Doc. 2026-10711 Filed 5-28-26; 8:45 am]
BILLING CODE 6560-50-P