[Federal Register Volume 91, Number 124 (Tuesday, June 30, 2026)]
[Rules and Regulations]
[Pages 39501-39506]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-13180]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[EPA-HQ-OPP-2021-0435; FRL-12795-01-OCSPP]
Diflufenican; Pesticide Tolerances
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: This regulation establishes tolerances for residues of
diflufenican (CASRN 83164-33-4) in or on multiple commodities which are
identified and discussed later in this document. Under the Federal
Food, Drug, and Cosmetic Act (FFDCA), Bayer CropScience 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 rule is effective on June 30, 2026. Objections and requests
for hearings must be received on or before August 31, 2026 and must be
filed in accordance with the instructions provided in 40 CFR part 178
(see also Unit I.D. of this document.)
ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPP-2021-0435, is available online at
https://www.regulations.gov. Additional information about dockets
generally, along with instructions for visiting the docket 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; 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).
[[Page 39502]]
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 the docket ID number EPA-HQ-
OPP-2021-0435 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 August 31, 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 ``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 August 24, 2021 (86 FR 47275, FRL-8792-
02-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
1F8912) by Bayer CropScience, 800 N. Lindbergh Blvd., St. Louis, MO
63167. The petition requested that 40 CFR part 180 be amended by
establishing tolerances for residues of the herbicide diflufenican, N-
(2,4-difluorophenyl)-2-[3-(trifluoromethyl)phenoxy]-3-
pyridinecarboxamide, in or on corn, forage at 0.01 parts per million
(ppm); corn, grain at 0.01 ppm; corn, stover at 0.01 ppm; soybean,
forage at 0.015 ppm; soybean, hay at 0.02 ppm; soybean, seed at 0.01
ppm. That document referenced a summary of the petition prepared by
Bayer CropScience, the registrant, which is available in the docket,
https://www.regulations.gov. Three comments were received on the notice
of filing. EPA's response to these comments is discussed in Unit IV.C.
The tolerances EPA is establishing vary from what the petitioners
have requested, these changes are explained in greater detail in Unit
IV.D.
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 diflufenican including exposure resulting from
the tolerances established by this action. EPA's assessment of
exposures and risks associated with diflufenican is as 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.
The hazard database for diflufenican indicates that the major
toxicological effect in rodents is decreased body weight regardless of
duration of exposure, and no clear target organ was identified. No
dermal or inhalation toxicity data are available and therefore every
effect specified is through the oral route. In the subchronic and
chronic oral studies, decreased body weights were seen in both rats and
mice, and adverse decreases in body weight occurred at doses lower than
those causing additional toxicological effects. The rat appeared to be
the most sensitive species tested, followed by the mouse. There were no
adverse effects seen in the subchronic or chronic dog studies up to the
limit dose of 1000 mg/kg/day. There did not appear to be a difference
in toxicity by sex in any species.
No evidence of increased quantitative or qualitative lifestage
susceptibility was seen in rat or rabbit developmental toxicity studies
or in the rat reproduction studies. There were no adverse maternal or
developmental effects in the developmental rat or rabbit studies up to
and exceeding the limit dose (>=1000 mg/kg/day). In the rat extended
one-generation and two-generation reproduction studies,
[[Page 39503]]
adverse decreases in body weights in the parental animals and offspring
were the most sensitive effect. Decreased body weights in the offspring
were observed in the presence of decreased parental body weights, and
there were no reproductive effects seen. There was low acute toxicity
through oral, dermal, and inhalation routes. Diflufenican is not an
ocular or dermal irritant, nor is it a dermal sensitizer.
Diflufenican is classified as ``Not Likely to be Carcinogenic to
Humans.'' No treatment-related increase in the incidence of tumors was
observed in carcinogenicity studies in rats or mice at doses that were
considered to be adequate. Additionally, there is no evidence of
mutagenicity in vivo or in vitro. One of the plant metabolites of
diflufenican (2,4-difluoroaniline malonate, hereafter referred to as
BCS-BT38895) was found to be more toxic than the parent compound, with
a different toxicological profile. A cursory analysis of the metabolite
based on highly conservative assumptions is assessed separately in
Appendix C (pages 96-99) of the Human Health Risk Assessment, in docket
ID number EPA-HQ-OPP-2021-0435.
Specific information on the studies received and the nature of the
adverse effects caused by diflufenican as well as the no-observed-
adverse-effect-level (NOAEL) and the lowest-observed-adverse-effect-
level (LOAEL) from the toxicity studies can be found at https://www.regulations.gov in document ``Diflufenican. Human Health Risk
Assessment for Diflufenican. New Active Ingredient'' at pages 16-25 in
docket ID number EPA-HQ-OPP-2021-0435.
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/assessing-human-health-risk-pesticides.
For more detailed information on the toxicological endpoints for
diflufenican used for human risk assessment can be found in the
``Diflufenican. Human Health Risk Assessment for Diflufenican. New
Active Ingredient'' at pages 22-23 in docket ID number EPA-HQ-OPP-2021-
0435.
D. Exposure Assessment
1. Dietary exposure from food and feed uses. In evaluating dietary
exposure to diflufenican, EPA considered exposure under the petitioned-
for tolerances. EPA assessed dietary exposures from diflufenican 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. No such effects were
identified in the toxicological studies for diflufenican; therefore, a
quantitative acute dietary exposure assessment is unnecessary.
ii. Chronic exposure. In conducting the chronic dietary exposure
assessment, EPA used the 2005-2010 food consumption data from the
United States 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, EPA conducted an unrefined chronic
dietary exposure risk assessment using 100 percent crop treated (PCT)
and combined residues of diflufenican and DFF-amide (<0.02 ppm) in all
samples of corn, field grain and soybean, except for soybean seed
(average of diflufenican metabolite, BCS-BT38895, 0.011 ppm). The
processing factor used for soybean flour was 1.3x, and the default
processing factor was used for corn bran. Based on residues being above
the limit of quantitation (https://www.epa.gov/pesticide-science-and-assessing-pesticide-risks/models-pesticide-risk-assessment.
EPA calculated the estimated drinking water concentrations (EDWCs)
of diflufenican Using the Pesticide Water Calculator (PWC) ver. 2.001.
The modeling simulations for maximum label rates indicate that
concentrations in ground water are expected to be higher than those in
surface water. Therefore, the chronic value of 30.1 ppb was used to
assess the dietary 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., products registered for direct application to lawns and
for garden pest control, indoor pest control, termiticides, and flea
and tick control on pets). Diflufenican is not proposed for any
specific use patterns that would result in direct applications in
residential areas.
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.''
EPA has not found diflufenican to share a common mechanism of
toxicity with any other substances, and diflufenican does not appear to
produce a toxic metabolite produced by other substances. For the
purposes of this tolerance action, therefore, EPA has assumed that
diflufenican does not have a common mechanism of toxicity with
[[Page 39504]]
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/pesticide-cumulative-risk-assessment-framework.
D. Safety Factor for Infants and Children
1. In general. 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 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 EPA support the choice of a different
factor.
2. Prenatal and postnatal sensitivity. No evidence of increased
quantitative or qualitative lifestage susceptibility was seen in rat or
rabbit developmental toxicity studies or in the rat reproduction
studies.
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. That decision is based on the following
findings:
i. The toxicity database for diflufenican is complete.
ii. There is no indication that diflufenican is a neurotoxic
chemical, and there is no need for a developmental neurotoxicity study
or additional UFs to account for neurotoxicity.
iii. There is no evidence that diflufenican results in increased
quantitative or qualitative lifestage susceptibility in rat and rabbit
developmental studies or in the rat reproduction toxicity studies.
There were no maternal or developmental adverse effects observed in any
of the developmental studies. In the reproduction toxicity studies, no
reproductive effects were observed; however, decreased body weights
were observed in the offspring and maternal animals at comparable dose
levels.
iv. There are no residual uncertainties identified in the exposure
databases.
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 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 points of departure (POD)
to ensure that an adequate margin of exposure (MOE) exists.
1. Acute risk. An acute aggregate risk assessment takes into
account acute exposure estimates from dietary consumption of food and
drinking water. No adverse effect resulting from a single oral exposure
was identified and no acute dietary endpoint was selected. Therefore,
diflufenican is not expected to pose an acute risk.
2. Chronic risk. Using the exposure assumptions described in this
unit for chronic exposure, EPA has concluded that chronic exposure to
diflufenican from food and water will utilize <1% of the cPAD for the
general U.S. population, including children 1-2 years old (the most
sensitive). Since there are no residential uses for diflufenican,
aggregate exposure and risk are equivalent to chronic dietary (food and
drinking water) exposure and risk, which are 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 no
short-term adverse effect was identified, diflufenican is not expected
to pose a short-term risk.
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 no intermediate-term adverse effect was identified,
diflufenican is not expected to pose an intermediate-term risk.
5. Aggregate cancer risk for U.S. population. Based on the lack of
evidence of carcinogenicity in two adequate rodent carcinogenicity
studies, the diflufenican parent compound is not expected to pose a
cancer risk to humans and is classified as ``Not Likely to be
Carcinogenic to Humans.''
6. Metabolite BCS-BT38895. There is no expectation of exposure to
BCS-BT38895 from residential or occupational exposure scenarios. The
only potential route of exposure to BCS-BT38895 is via the dietary
route. The available data do not demonstrate a concern for effects
attributable to a single exposure at this time; therefore, an acute
non-cancer dietary assessment is not necessary for BCS-BT38895. Even
with application of a 10X uncertainty factor to extrapolate from
subchronic to chronic exposure duration, estimated chronic exposures to
BCS-BT38895 are orders of magnitude below any potential chronic non-
cancer reference dose for BCS-BT38895. Any chronic exposures to BCS-
BT38895 residues are expected to be significantly lower than
diflufenican-derived BCS-BT38895 residues based on diflufenican' s
limited use patterns and lower tolerance-level residues. Therefore, a
quantitative chronic non-cancer dietary risk assessment for BCS-BT38895
residues is not necessary to conclude with reasonable certainty that
chronic exposures from BCS-BT38895 residues do not pose a non-cancer
dietary risk. The highly refined estimated chronic exposure of the most
highly exposed adult subpopulation (adults 20-48, 50+) to BCS-BT38895
(0.000005 mg/kg/day) results in an upper bound cancer risk estimate of
3 x 10-\8\, which is below the Agency's level of concern.
Based again on diflufenican' s limited use patterns and lower
tolerance-level residues, the Agency concludes that the cancer risk
estimates for BCS-BT38895 residues indicate that there should not be
any cancer risk from diflufenican-derived BCS-BT38895 residues.
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 diflufenican residues.
IV. Other Considerations
A. Analytical Enforcement Methodology
Adequate enforcement methodology high-performance liquid
chromatography with tandem mass spectrometry (HPLC-MS/MS), Method No.
DC-003-P18-02 is available to enforce the tolerance expression.
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].
[[Page 39505]]
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 Codex has not
established a MRL for diflufenican. However, the proposed tolerances
are harmonized with the currently established MRLs of diflufenican in
the European Union.
C. Response to Comments
In the Federal Register of August 24, 2021 (86 FR 47275, FRL-8792-
02-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
1F8912) by Bayer CropScience, 800 N. Lindbergh Blvd., St. Louis, MO
63167. The Agency received three comments. Two of the comments (EPA-HQ-
OPP-2021-0435-0004 and EPA-HQ-OPP-2021-0435-0005) were by the same
private citizen raising concerns over the use of pesticides on corn and
soybeans. Although the Agency recognizes that some individuals believe
that pesticides should be banned on agricultural crops, the existing
legal framework provided by section 408 of the FFDCA authorizes EPA to
establish tolerances when it determines that the tolerance is safe.
Upon consideration of the validity, completeness, and reliability of
the available data as well as other factors the FFDCA requires EPA to
consider, EPA has determined that these diflufenican tolerances are
safe. The same commenter further claims diflufenican contains fluoride
and states fluoride to be toxic to insects, but provided no information
supporting a conclusion that diflufenican is not safe, nor did the
commenter provide any basis for concluding that tolerances would have a
disproportionate effect on any population. A comprehensive database is
available for diflufenican to support risk assessments that are
protective of human health and the environment (including insects). The
third comment (EPA-HQ-OPP-2021-0435-0006) was also from a private
citizen which did not pertain to diflufenican. The comment addressed
the Federal Aviation Administration proposed rule (FAA-2021-0793) which
is not germane to this action.
D. Revisions to Petitioned-For Tolerances
FFDCA section 408(d)(4)(A)(i) permits the Agency to finalize a
tolerance that varies from that sought by the petition. The petitioner
initially requested tolerance levels of 0.015 ppm for soybean, forage
and 0.02 ppm for soybean, hay. However, the Agency deems it appropriate
to use the more conservative (i.e., results with the highest residue
value) approach and as a result produced a recommended tolerance levels
of 0.01 ppm for soybean, forage and 0.015 ppm for soybean, hay when
entered into the Organization for Economic Cooperation and Development
(OECD) calculator.
V. Conclusion
Therefore, tolerances are established for residues of diflufenican,
N-(2,4-difluorophenyl)-2-[3-(trifluoromethyl)phenoxy]-3-
pyridinecarboxamide, in or on corn, field, forage at 0.01 ppm; corn,
field, grain at 0.01 ppm; corn, field, stover at 0.01 ppm; soybean,
forage at 0.01 ppm; soybean, hay at 0.015 ppm; and soybean, seed at
0.01 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 tolerance 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.
[[Page 39506]]
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 documented in the pesticide-specific registration
review documents, located in each chemical docket at https://www.regulations.gov.
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: June 26, 2026.
Charles Smith,
Director, Registration Division, Office of Pesticide Programs.
Therefore, 40 CFR chapter I is amended 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. Add Sec. 180.728 to subpart C to read as follows:
Sec. 180.728 Diflufenican; tolerances for residues.
(a) General. Tolerances are established for residues of the
herbicide diflufenican, including its metabolites and degradates, in or
on the commodities in Table 1 to this paragraph (a). Compliance with
the tolerance levels specified in Table 1 to this paragraph (a) is to
be determined by measuring only diflufenican, N-(2,4-difluorophenyl)-2-
[3-(trifluoromethyl)phenoxy]-3-pyridinecarboxamide, in or on the
following commodities.
Table 1 to Paragraph (a)
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Corn, field, forage..................................... 0.01
Corn, field, grain...................................... 0.01
Corn, field, stover..................................... 0.01
Soybean, Forage......................................... 0.01
Soybean, Hay............................................ 0.015
Soybean, Seed........................................... 0.01
------------------------------------------------------------------------
(b) [Reserved]
[FR Doc. 2026-13180 Filed 6-29-26; 8:45 am]
BILLING CODE 6560-50-P