Oxathiapiprolin; Pesticide Tolerances, 40118-40122 [2020-12126]
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Federal Register / Vol. 85, No. 129 / Monday, July 6, 2020 / Rules and Regulations
DoD has
issued a single consolidated DoD-level
Privacy Program rule at 32 CFR part 310
(84 FR 14728) that contains all the
codified information required for the
Department. The NSA/CSS Privacy Act
Program regulation at 32 CFR part 322,
last updated on March 30, 2012 (77 FR
19095), is no longer required and can be
removed.
It has been determined that
publication of this CFR part removal for
public comment is impracticable,
unnecessary, and contrary to public
interest since it is based on the removal
of policies and procedures that are
either now reflected in another CFR
part, 32 CFR part 310, or are publicly
available on the Department’s website.
To the extent that the NSA/CSS’s
internal guidance concerning the
implementation of the Privacy Act
within the NSA/CSS is required, a
supplemental internal document to the
DoD Privacy regulation will be posted to
https://dpcld.defense.gov/Privacy/
SORNsIndex/DOD-Component-Notices/
NSA-Article-List/.
This rule is one of 20 separate DoD
component Privacy rules that are being
rescinded as part of the finalization of
the DoD-level Privacy rule at 32 CFR
part 310, the Department is eliminating
the need for this separate component
Privacy rule and reducing costs to the
public as explained in the preamble of
the DoD-level Privacy rule published on
April 11, 2019 (84 FR 14728–14811).
This rule is not significant under
Executive Order (E.O.) 12866,
‘‘Regulatory Planning and Review.’’
Therefore, E.O. 13771, ‘‘Reducing
Regulation and Controlling Regulatory
Costs’’ does not apply. This removal
supports a recommendation of the DoD
Regulatory Reform Task Force.
SUPPLEMENTARY INFORMATION:
List of Subjects in 32 CFR Part 322
Privacy.
PART 322—[REMOVED]
Accordingly, by the authority of 5
U.S.C. 301, 32 CFR part 322 is removed.
■
Dated: June 12, 2020.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison
Officer, Department of Defense.
[FR Doc. 2020–13112 Filed 7–2–20; 8:45 am]
BILLING CODE 5001–06–P
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DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 326
[Docket ID: DOD–2019–OS–0067]
RIN 0790–AK71
National Reconnaissance Office
Privacy Act Program
National Reconnaissance
Office, DoD.
ACTION: Final rule.
preamble of the DoD-level Privacy rule
published on April 11, 2019, at 84 FR
14728–14811.
This rule is not significant under
Executive Order (E.O.) 12866,
‘‘Regulatory Planning and Review.’’
Therefore, E.O. 13771, ‘‘Reducing
Regulation and Controlling Regulatory
Costs’’ does not apply.
List of Subjects in 32 CFR Part 326
Privacy.
AGENCY:
This final rule removes DoD’s
regulation concerning the National
Reconnaissance Office Privacy Program.
On April 11, 2019, the Department of
Defense published a revised DoD-level
Privacy Program rule, which contains
the necessary information for an agencywide privacy program regulation under
the Privacy Act and now serves as the
single Privacy Program rule for the
Department. That revised Privacy
Program rule also includes all DoD
component exemption rules. Therefore,
this part is now unnecessary and may be
removed from the CFR.
DATES: This rule is effective on July 6,
2020.
FOR FURTHER INFORMATION CONTACT:
Michael Lavergne at 703–227–9022.
SUMMARY:
DoD now
has a single DoD-level Privacy Program
rule at 32 CFR part 310 (84 FR 14728)
that contains all the codified
information required for the
Department. The National
Reconnaissance Office Privacy Program
regulation at 32 CFR part 326, last
updated on October 29, 2009 (74 FR
55784) is no longer required and can be
removed.
It has been determined that
publication of this CFR part removal for
public comment is impracticable,
unnecessary, and contrary to public
interest since it is based on the removal
of policies and procedures that are
either now reflected in another CFR
part, 32 CFR 310, or are publicly
available on the Department’s website.
To the extent that National
Reconnaissance Office internal guidance
concerning the implementation of the
Privacy Act within the National
Reconnaissance Office is necessary, it
will be issued in an internal document.
This rule is one of 20 separate
component Privacy rules. With the
finalization of the DoD-level Privacy
rule at 32 CFR part 310, the Department
is eliminating the need for this separate
component Privacy rules and reducing
costs to the public as explained in the
SUPPLEMENTARY INFORMATION:
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PART 326—[REMOVED]
Accordingly, by the authority of 5
U.S.C. 301, 32 CFR part 326 is removed.
■
Dated: June 12, 2020.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison
Officer, Department of Defense.
[FR Doc. 2020–13111 Filed 7–2–20; 8:45 am]
BILLING CODE 5001–06–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2019–0128; FRL–10009–93]
Oxathiapiprolin; Pesticide Tolerances
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation establishes
tolerances for residues of
oxathiapiprolin in or on multiple
commodities which are identified and
discussed later in this document. The
Interregional Project Number 4 (IR–4)
and the registrant, Syngenta Crop
Protection requested these tolerances
under the Federal Food, Drug, and
Cosmetic Act (FFDCA).
DATES: This regulation is effective July
6, 2020. Objections and requests for
hearings must be received on or before
September 4, 2020 and must be filed in
accordance with the instructions
provided in 40 CFR part 178 (see also
Unit I.C. of the SUPPLEMENTARY
INFORMATION).
SUMMARY:
The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2019–0128, is
available at https://www.regulations.gov
or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket)
in the Environmental Protection Agency
Docket Center (EPA/DC), West William
Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW, Washington, DC
20460–0001. The Public Reading Room
is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal
ADDRESSES:
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holidays. The telephone number for the
Public Reading Room is (202) 566–1744,
and the telephone number for the OPP
Docket is (703) 305–5805.
Please note that due to the public
health emergency, the EPA Docket
Center (EPA/DC) and Reading Room
was closed to public visitors on March
31, 2020. Our EPA/DC staff will
continue to provide customer service
via email, phone, and webform. For
further information on EPA/DC services,
docket contact information and the
current status of the EPA/DC and
Reading Room, please visit https://
www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
Michael Goodis, Registration Division
(7505P), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC
20460–0001; main telephone number:
(703) 305–7090; email address:
RDFRNotices@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. The following
list of North American Industrial
Classification System (NAICS) codes is
not intended to be exhaustive, but rather
provides a guide to help readers
determine whether this document
applies to them. Potentially affected
entities may include:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS
code 32532).
B. How can I get electronic access to
other related information?
You may access a frequently updated
electronic version of EPA’s tolerance
regulations at 40 CFR part 180 through
the Government Publishing Office’s eCFR site at https://www.ecfr.gov/cgi-bin/
text-idx?&c=ecfr&tpl=/ecfrbrowse/
Title40/40tab_02.tpl.
C. How can I file an objection or hearing
request?
Under FFDCA section 408(g), 21
U.S.C. 346a, any person may file an
objection to any aspect of this regulation
and may also request a hearing on those
objections. You must file your objection
or request a hearing on this regulation
in accordance with the instructions
provided in 40 CFR part 178. To ensure
proper receipt by EPA, you must
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identify docket ID number EPA–HQ–
OPP–2019–0128 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 4, 2020. Addresses for
mail and hand delivery of objections
and hearing requests are provided in 40
CFR 178.25(b).
In addition to filing an objection or
hearing request with the Hearing Clerk
as described in 40 CFR part 178, please
submit a copy of the filing (excluding
any Confidential Business Information
(CBI)) for inclusion in the public docket.
Information not marked confidential
pursuant to 40 CFR part 2 may be
disclosed publicly by EPA without prior
notice. Submit the non-CBI copy of your
objection or hearing request, identified
by docket ID number EPA–HQ–OPP–
2019–0128, by one of the following
methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Do not submit electronically any
information you consider to be CBI or
other information whose disclosure is
restricted by statute.
• Mail: OPP Docket, Environmental
Protection Agency Docket Center (EPA/
DC), (28221T), 1200 Pennsylvania Ave.
NW, Washington, DC 20460–0001.
• Hand Delivery: To make special
arrangements for hand delivery or
delivery of boxed information, please
follow the instructions at https://
www.epa.gov/dockets/where-sendcomments-epa-dockets. Additional
instructions on commenting or visiting
the docket, along with more information
about dockets generally, is available at
https://www.epa.gov/dockets.
II. Summary of Petitioned-For
Tolerance
In the Federal Register of August 2,
2019 (84 FR 37818) (FRL–9996–78),
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 9E8755) by IR–4,
Rutgers, The State University of New
Jersey, 500 College Road East, Suite
201W, Princeton, NJ 08540. The petition
requested that 40 CFR 180.685 be
amended by establishing tolerances for
residues of the fungicide
oxathiapiprolin, 1-[4-[4-[5-(2,6difluorophenyl)-4,5-dihydro-3isoxazolyl]-2-thiazolyl]-1-piperidinyl]-2[5-methyl-3-(trifluoromethyl)-1Hpyrazol-1-yl]-ethanone, in or on the
following commodities: Berry, low
growing, subgroup 13–07G, except
cranberry at 0.4 parts per million (ppm);
Hop, dried cones at 5 ppm; Tropical and
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subtropical, medium to large fruit,
smooth, inedible peel, subgroup 24B at
0.1 ppm; individual crops of proposed
crop subgroup 6–18B: Edible podded
pea legume vegetable subgroup
including: Chickpea, edible podded at 1
ppm; Dwarf pea, edible podded at 1
ppm; Edible podded pea at 1 ppm;
Grass-pea, edible podded at 1 ppm;
Green pea, edible podded at 1 ppm;
Lentil, edible podded at 1 ppm; Pigeon
pea, edible podded at 1 ppm; Snap pea,
edible podded at 1 ppm; Snow pea,
edible podded at 1 ppm; and Sugar snap
pea, edible podded at 1 ppm; and
individual crops of proposed crop
subgroup 6–18D: Succulent shelled pea
subgroup including: Chickpea,
succulent shelled at 0.05 ppm; English
pea, succulent shelled at 0.05 ppm;
Garden pea, succulent shelled at 0.05
ppm; Green pea, succulent shelled at
0.05 ppm; Lentil, succulent shelled at
0.05 ppm; and Pigeon pea, succulent
shelled at 0.05 ppm. In addition, IR–4
requested removal of the following
existing tolerances upon establishment
of the above tolerances for residues of
the fungicide oxathiapiprolin, 1-[4-[4-[5(2,6-difluorophenyl)-4,5-dihydro-3isoxazolyl]-2-thiazolyl]-1-piperidinyl]-2[5-methyl-3-(trifluoromethyl)-1Hpyrazol-1-yl]-ethanone, in or on Pea,
edible-podded at 1.0 ppm and Pea,
succulent shelled at 0.05 ppm.
In the Federal Register of June 7, 2019
(84 FR 26630) (FRL–9993–93), 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 9F8736) by Syngenta Crop
Protection, LLC, P.O. Box 18300,
Greensboro, NC 27419, that requested to
establish tolerances in 40 CFR part
180.685 for residues of the fungicide
oxathiapiprolin (1-[4-[4-[5-(2,6difluorophenyl)-4,5-dihydro-3isoxazolyl]-2-thiazolyl]-1-piperidinyl]-2[5-methyl-3-(trifluoromethyl)-1Hpyrazol-1-yl]-ethanone), in or on
bushberry crop subgroup 13–07B,
except lowbush blueberry, at 0.5 ppm;
tree nuts, crop group 14–12 at 0.01 ppm;
and almond hulls at 0.05 ppm.
These documents referenced a
summary of the petition prepared by
Syngenta Crop Protection, LLC, the
registrant, which is available in the
docket, https://www.regulations.gov. One
comment was received on the notice of
filings. EPA’s response to this comment
is discussed in Unit IV.C.
Based upon review of the data
supporting the petition, EPA is
correcting many of the commodity
definitions. The reasons for these
changes are explained in Unit IV.D.
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III. Aggregate Risk Assessment and
Determination of Safety
Section 408(b)(2)(A)(i) of FFDCA
allows EPA to establish a tolerance (the
legal limit for a pesticide chemical
residue in or on a food) only if EPA
determines that the tolerance is ‘‘safe.’’
Section 408(b)(2)(A)(ii) of FFDCA
defines ‘‘safe’’ to mean that ‘‘there is a
reasonable certainty that no harm will
result from aggregate exposure to the
pesticide chemical residue, including
all anticipated dietary exposures and all
other exposures for which there is
reliable information.’’ This includes
exposure through drinking water and in
residential settings but does not include
occupational exposure. Section
408(b)(2)(C) of FFDCA requires EPA to
give special consideration to exposure
of infants and children to the pesticide
chemical residue in establishing a
tolerance and to ‘‘ensure that there is a
reasonable certainty that no harm will
result to infants and children from
aggregate exposure to the pesticide
chemical residue . . . . ’’
Consistent with FFDCA section
408(b)(2)(D), and the factors specified in
FFDCA section 408(b)(2)(D), 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 oxathiapiprolin
including exposure resulting from the
tolerances established by this action.
EPA’s assessment of exposures and risks
associated with oxathiapiprolin follows.
As indicated in the Federal Register
for previous tolerances established for
residues of oxathiapiprolin (see 81 FR
87463, FRL–9954–69, December 6,
2016), the toxicity database for
oxathiapiprolin supports a decision to
conduct a qualitative risk assessment,
due to the lack of treatment-related
effects and limited toxicity. While
dietary exposure to oxathiapiprolin may
occur through food and drinking water,
no risks of concern are anticipated due
to the lack of toxicity at anticipated
human exposure levels. While
residential post-application exposures
may occur through the registered uses
on turf and ornamentals, no risks of
concern are anticipated due to the lack
of toxicity at anticipated human
exposure levels. While dietary and
residential exposures may occur
through the registered and proposed
uses for oxathiapiprolin, no aggregate
risks of concern are anticipated due to
the lack of toxicity at anticipated human
exposure levels.
Therefore, based on the lack of
toxicity at anticipated human exposure
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levels, EPA concludes there is a
reasonable certainty that no harm will
result to the general population, or to
infants and children from aggregate
exposure to oxathiapiprolin residues.
More detailed information on the
subject action to establish tolerances in
or on the range of commodities can be
found in the document entitled,
‘‘Oxathiapiprolin. Human Health Risk
Assessment to Support the Registration
for Use on Bushberry Crop Subgroup
13–07B (Except Lowbush Blueberry),
Hops, Low Growing Berry Crop
Subgroup 13–07G (Except Cranberry),
Tree Nut Crop Group 14–12, and
Tropical and Subtropical Medium to
Large Fruit with Smooth Inedible Peel
Crop Subgroup 24B, as well as
Tolerance Translations’’ dated May 15,
2020 by going to https://
www.regulations.gov. The referenced
document is available in the docket
established by this action, which is
described under ADDRESSES. Locate and
click on the hyperlink for docket ID
number EPA–HQ–OPP–2019–0128.
IV. Other Considerations
A. Analytical Enforcement Methodology
Analytical method DuPont-30422,
Supplement 1 is a high performance
liquid chromatography with tandem
mass spectrometry (HPLC–MS/MS)
method available for the quantitation of
oxathiapiprolin residues in plant
matrices. Analytical method DuPont31138 is an HPLC–MS/MS method
available for the analytical enforcement
of oxathiapiprolin residues in livestock
commodities.
The methods 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: residuemethods@
epa.gov.
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
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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 established MRLs for
oxathiapiprolin in/on peas (pods and
succulent-immature seeds) at 1 ppm and
in/on peas, shelled (succulent seeds) at
0.05 ppm. The U.S. tolerances for the
corresponding commodities are
harmonized with these Codex MRLs.
The Codex has not established MRLs for
oxathiapiprolin on any of the other
requested crops or crop groups.
C. Response to Comments
One relevant comment was received
from a private citizen who opposed
approval of this active ingredient due to
combination with other chemicals and
not testing toxic pollutants. The existing
legal framework provided by section
408 of the FFDCA states that tolerances
may be set when persons seeking such
tolerances or exemptions have
demonstrated that the pesticide meets
the safety standard imposed by that
statute. This comment appears to be
directed at the underlying statute and
not EPA’s implementation of it; the
comments provide no information
relevant the Agency’s safety
determination.
D. Revisions to Petitioned-For
Tolerances
The Agency corrected the commodity
definitions for: Almond, hulls;
Bushberry subgroup 13–07B, except
lowbush blueberry; Nut, tree, group 14–
12; Pea, dwarf, edible podded; Pea,
edible podded; Pea, English, succulent
shelled; Pea, garden, succulent shelled;
Pea, grass, edible podded; Pea, green,
edible podded; Pea, green, succulent
shelled; Pea, pigeon, edible podded;
Pea, pigeon, succulent shelled; Pea,
snap, edible podded; Pea, snow, edible
podded; and Pea, sugar snap, edible
podded.
V. Conclusion
Therefore, tolerances are established
for residues of oxathiapiprolin, 1-[4-[4[5-(2,6-difluorophenyl)-4,5-dihydro-3isoxazolyl]-2-thiazolyl]-1-piperidinyl]-2[5-methyl-3-(trifluoromethyl)-1Hpyrazol-1-yl]-ethanone, in or on
Almond, hulls at 0.05 ppm; Berry, low
growing, subgroup 13–07G, except
cranberry at 0.4 ppm; Bushberry
subgroup 13–07B, except lowbush
blueberry at 0.5 ppm; Chickpea, edible
podded at 1 ppm; Chickpea, succulent
shelled at 0.05 ppm; Hop, dried cones
at 5 ppm; Lentil, edible podded at 1
ppm; Lentil, succulent shelled at 0.05
ppm; Nut, tree, group 14–12 at 0.01
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ppm; Pea, dwarf, edible podded at 1
ppm; Pea, edible podded at 1 ppm; Pea,
English, succulent shelled at 0.05 ppm;
Pea, garden, succulent shelled at 0.05
ppm; Pea, grass, edible podded at 1
ppm; Pea, green, edible podded at 1
ppm; Pea, green, succulent shelled at
0.05 ppm; Pea, pigeon, edible podded at
1 ppm; Pea, pigeon, succulent shelled at
0.05 ppm; Pea, snap, edible podded at
1 ppm; Pea, snow, edible podded at 1
ppm; Pea, sugar snap, edible podded at
1 ppm; Tropical and subtropical,
medium to large fruit, smooth inedible
peel, subgroup 24B at 0.1 ppm. Upon
the establishment of the above
tolerances, the following tolerances will
be removed: Pea, edible-podded at 1.0
ppm and Pea, succulent shelled at 0.05
ppm.
The removal of the ‘‘pea, ediblepodded’’ and ‘‘pea, succulent shelled’’
tolerances as part of this rulemaking
will not result in any adulterated pea
commodities. The individual pea
tolerances being established in this
rulemaking cover all the edible-podded
and succulent-shelled versions of pea as
defined in 40 CFR 180.1, which
includes ‘‘Cajanus cajan (includes
pigeon pea); Cicer spp. (includes
chickpea and garbanzo bean); Lens
culinaris (lentil); Pisum spp. (includes
dwarf pea, garden pea, green pea,
English pea, field pea, and edible pod
pea).’’ To avoid confusion about the
coverage of residues in or on pea
commodities as a result of this
rulemaking, EPA is clarifying the status
of two commodities listed in section
180.1 for which an individual tolerance
is not being established in this
rulemaking: Garbanzo bean and field
pea. Garbanzo bean is the same
commodity as chickpea, so residues on
garbanzo bean are covered by chickpea
tolerances. Field pea is not sold as an
edible-podded or succulent shelled pea
and thus is not covered by the existing
tolerances for ‘‘pea, edible-podded’’ and
pea, succulent shelled’’; removing those
tolerances does not change the status of
tolerance coverage for field pea and an
individual tolerance is not necessary.
VI. Statutory and Executive Order
Reviews
This action establishes tolerances
under FFDCA section 408(d) in
response to petitions submitted to the
Agency. The Office of Management and
Budget (OMB) has exempted these types
of actions from review under Executive
Order 12866, entitled ‘‘Regulatory
Planning and Review’’ (58 FR 51735,
October 4, 1993). Because this action
has been exempted from review under
Executive Order 12866, this action is
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not subject to Executive Order 13211,
entitled ‘‘Actions Concerning
Regulations That Significantly Affect
Energy Supply, Distribution, or Use’’ (66
FR 28355, May 22, 2001) or Executive
Order 13045, entitled ‘‘Protection of
Children from Environmental Health
Risks and Safety Risks’’ (62 FR 19885,
April 23, 1997), nor is it considered a
regulatory action under Executive Order
13771, entitled ‘‘Reducing Regulations
and Controlling Regulatory Costs’’ (82
FR 9339, February 3, 2017). This action
does not contain any information
collections subject to OMB approval
under the Paperwork Reduction Act
(PRA) (44 U.S.C. 3501 et seq.), nor does
it require any special considerations
under Executive Order 12898, entitled
‘‘Federal Actions to Address
Environmental Justice in Minority
Populations and Low-Income
Populations’’ (59 FR 7629, February 16,
1994).
Since tolerances and exemptions that
are established on the basis of a petition
under FFDCA section 408(d), such as
the tolerances in this final rule, do not
require the issuance of a proposed rule,
the requirements of the Regulatory
Flexibility Act (RFA) (5 U.S.C. 601 et
seq.), do not apply.
This action directly regulates growers,
food processors, food handlers, and food
retailers, not States or Tribes, nor does
this action alter the relationships or
distribution of power and
responsibilities established by Congress
in the preemption provisions of FFDCA
section 408(n)(4). As such, the Agency
has determined that this action will not
have a substantial direct effect on States
or Tribal Governments, on the
relationship between the National
Government and the States or Tribal
Governments, or on the distribution of
power and responsibilities among the
various levels of government or between
the Federal Government and Indian
Tribes. Thus, the Agency has
determined that Executive Order 13132,
entitled ‘‘Federalism’’ (64 FR 43255,
August 10, 1999) and Executive Order
13175, entitled ‘‘Consultation and
Coordination with Indian Tribal
Governments’’ (65 FR 67249, November
9, 2000) do not apply to this action. In
addition, this action does not impose
any enforceable duty or contain any
unfunded mandate as described under
Title II of the Unfunded Mandates
Reform Act (UMRA) (2 U.S.C. 1501 et
seq.).
This action does not involve any
technical standards that would require
Agency consideration of voluntary
consensus standards pursuant to section
12(d) of the National Technology
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40121
Transfer and Advancement Act
(NTTAA) (15 U.S.C. 272 note).
VII. Congressional Review Act
Pursuant to the Congressional Review
Act (5 U.S.C. 801 et seq.), EPA will
submit a report containing this rule and
other required information to the U.S.
Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
Register. This action is not a ‘‘major
rule’’ as defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 180
Environmental protection,
Administrative practice and procedure,
Agricultural commodities, Pesticides
and pests, Reporting and recordkeeping
requirements.
Dated: May 26, 2020.
Michael Goodis,
Director, Registration Division, Office of
Pesticide Programs.
Therefore, for the reasons stated in the
preamble, EPA amends 40 CFR chapter
I as follows:
PART 180—[AMENDED]
1. The authority citation for part 180
continues to read as follows:
■
Authority: 21 U.S.C. 321(q), 346a and 371.
2. In § 180.685, amend the table in
paragraph (a) by
■ i. Adding in alphabetical order entries
for ‘‘Almond, hulls’’; ‘‘Berry, low
growing, subgroup 13–07G, except
cranberry’’; ‘‘Bushberry subgroup 13–
07B, except lowbush blueberry’’;
‘‘Chickpea, edible podded’’; ‘‘Chickpea,
succulent shelled’’; ‘‘Hop, dried cones’’;
‘‘Lentil, edible podded’’; ‘‘Lentil,
succulent shelled’’; ‘‘Nut, tree, group
14–12’’; ‘‘Pea, dwarf, edible podded’’;
‘‘Pea, edible podded’’; ‘‘Pea, English,
succulent shelled’’; ‘‘Pea, garden,
succulent shelled’’; ‘‘Pea, grass, edible
podded’’; ‘‘Pea, green, edible podded’’;
‘‘Pea, green, succulent shelled’’; ‘‘Pea,
pigeon, edible podded’’; ‘‘Pea, pigeon,
succulent shelled’’; ‘‘Pea, snap, edible
podded’’; ‘‘Pea, snow, edible podded’’;
‘‘Pea, sugar snap, edible podded’’; and
‘‘Tropical and subtropical, medium to
large fruit, smooth inedible peel,
subgroup 24B’’; and
■ ii. Removing the entries for: ‘‘Pea,
edible-podded’’; and ‘‘Pea, succulent
shelled’’.
The additions read as follows:
■
§ 180.685 Oxathiapiprolin; tolerances for
residues.
(a) * * *
E:\FR\FM\06JYR1.SGM
06JYR1
40122
Federal Register / Vol. 85, No. 129 / Monday, July 6, 2020 / Rules and Regulations
Parts per
million
Commodity
Almond, hulls .......................................................................................................................................................................................
0.05
*
*
*
*
*
*
Berry, low growing, subgroup 13–07G, except cranberry ...................................................................................................................
*
*
*
*
*
*
*
Bushberry subgroup 13–07B, except lowbush blueberry ...................................................................................................................
*
*
*
*
*
*
*
Chickpea, edible podded .....................................................................................................................................................................
Chickpea, succulent shelled ................................................................................................................................................................
*
*
*
*
*
*
*
Hop, dried cones .................................................................................................................................................................................
*
*
*
*
*
*
*
Lentil, edible podded ...........................................................................................................................................................................
Lentil, succulent shelled ......................................................................................................................................................................
Nut, tree, group 14–12 ........................................................................................................................................................................
*
*
*
*
*
*
*
dwarf, edible podded ...................................................................................................................................................................
edible podded ..............................................................................................................................................................................
English, succulent shelled ...........................................................................................................................................................
garden, succulent shelled ...........................................................................................................................................................
grass, edible podded ...................................................................................................................................................................
green, edible podded ..................................................................................................................................................................
green, succulent shelled .............................................................................................................................................................
pigeon, edible podded .................................................................................................................................................................
pigeon, succulent shelled ............................................................................................................................................................
snap, edible podded ....................................................................................................................................................................
snow, edible podded ...................................................................................................................................................................
sugar snap, edible podded .........................................................................................................................................................
*
*
*
*
*
*
*
Tropical and subtropical, medium to large fruit, smooth, inedible peel, subgroup 24B ......................................................................
*
Pea,
Pea,
Pea,
Pea,
Pea,
Pea,
Pea,
Pea,
Pea,
Pea,
Pea,
Pea,
*
*
*
*
*
*
*
*
[FR Doc. 2020–12126 Filed 7–2–20; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2019–0610; FRL–10006–65]
2-Propenoic acid, homopolymer, ester
with α-methyl-w-hydroxypoly(oxy-1,2ethanediyl) and α-[2,4,6-tris(1phenylethyl)phenyl]-whydroxypoly(oxy-1,2-ethanediyl), graft,
sodium salt; Tolerance Exemption
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
VerDate Sep<11>2014
18:55 Jul 02, 2020
Jkt 250001
*
hydroxypoly(oxy-1,2-ethanediyl), graft,
sodium salt; when used as an inert
ingredient in a pesticide chemical
formulation. Lamberti USA,
Incorporated submitted a petition to
EPA under the Federal Food, Drug, and
Cosmetic Act (FFDCA), requesting an
exemption from the requirement of a
tolerance. This regulation eliminates the
need to establish a maximum
permissible level for residues of 2propenoic acid, homopolymer, ester
with a-methyl-w-hydroxypoly(oxy-1,2ethanediyl) and a-[2,4,6-tris(1phenylethyl)phenyl]-whydroxypoly(oxy-1,2-ethanediyl), graft,
sodium salt on food or feed
commodities.
This regulation is effective July
6, 2020. Objections and requests for
hearings must be received on or before
September 4, 2020, and must be filed in
accordance with the instructions
provided in 40 CFR part 178 (see also
Unit I.C. of the SUPPLEMENTARY
INFORMATION).
DATES:
This regulation establishes an
exemption from the requirement of a
tolerance for residues of 2-propenoic
acid, homopolymer, ester with amethyl-w-hydroxypoly(oxy-1,2ethanediyl) and a-[2,4,6-tris(1phenylethyl)phenyl]-w-
SUMMARY:
*
The docket for this action,
identified by docket identification (ID)
ADDRESSES:
PO 00000
Frm 00034
Fmt 4700
Sfmt 4700
*
0.4
0.5
1
0.05
5
1
0.05
0.01
1
1
0.05
0.05
1
1
0.05
1
0.05
1
1
1
0.1
*
number EPA–HQ–OPP–2019–0610, is
available at https://www.regulations.gov
or by one of the follow methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute.
• Mail: Document Control Office
(7505PM), Office of Pesticide Programs
(OPP), Environmental Protection
Agency, 1200 Pennsylvania Ave. NW,
Washington, DC 20460–0001.
• Hand Delivery: To make special
arrangements for hand delivery or
delivery of boxed information, please
follow the instructions at https://
www.epa.gov/dockets/contacts.html.
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:
Michael Goodis, Registration Division
(7505P), Office of Pesticide Programs,
E:\FR\FM\06JYR1.SGM
06JYR1
]]>Agencies
[Federal Register Volume 85, Number 129 (Monday, July 6, 2020)]
[Rules and Regulations]
[Pages 40118-40122]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-12126]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[EPA-HQ-OPP-2019-0128; FRL-10009-93]
Oxathiapiprolin; Pesticide Tolerances
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This regulation establishes tolerances for residues of
oxathiapiprolin in or on multiple commodities which are identified and
discussed later in this document. The Interregional Project Number 4
(IR-4) and the registrant, Syngenta Crop Protection requested these
tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).
DATES: This regulation is effective July 6, 2020. Objections and
requests for hearings must be received on or before September 4, 2020
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-2019-0128, is available at https://www.regulations.gov or at the Office of Pesticide Programs Regulatory
Public Docket (OPP Docket) in the Environmental Protection Agency
Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334,
1301 Constitution Ave. NW, Washington, DC 20460-0001. The Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal
[[Page 40119]]
holidays. The telephone number for the Public Reading Room is (202)
566-1744, and the telephone number for the OPP Docket is (703) 305-
5805.
Please note that due to the public health emergency, the EPA Docket
Center (EPA/DC) and Reading Room was closed to public visitors on March
31, 2020. Our EPA/DC staff will continue to provide customer service
via email, phone, and webform. For further information on EPA/DC
services, docket contact information and the current status of the EPA/
DC and Reading Room, please visit https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT: Michael Goodis, Registration Division
(7505P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave. NW, Washington, DC 20460-0001; main telephone
number: (703) 305-7090; email address: [email protected].
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
The following list of North American Industrial Classification System
(NAICS) codes is not intended to be exhaustive, but rather provides a
guide to help readers determine whether this document applies to them.
Potentially affected entities may include:
Crop production (NAICS code 111).
Animal production (NAICS code 112).
Food manufacturing (NAICS code 311).
Pesticide manufacturing (NAICS code 32532).
B. How can I get electronic access to other related information?
You may access a frequently updated electronic version of EPA's
tolerance regulations at 40 CFR part 180 through the Government
Publishing Office's e-CFR site at https://www.ecfr.gov/cgi-bin/text-idx?&c=ecfr&tpl=/ecfrbrowse/Title40/40tab_02.tpl.
C. How can I file an objection or hearing request?
Under FFDCA section 408(g), 21 U.S.C. 346a, any person may file an
objection to any aspect of this regulation and may also request a
hearing on those objections. You must file your objection or request a
hearing on this regulation in accordance with the instructions provided
in 40 CFR part 178. To ensure proper receipt by EPA, you must identify
docket ID number EPA-HQ-OPP-2019-0128 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 4, 2020. Addresses for mail and hand delivery of objections
and hearing requests are provided in 40 CFR 178.25(b).
In addition to filing an objection or hearing request with the
Hearing Clerk as described in 40 CFR part 178, please submit a copy of
the filing (excluding any Confidential Business Information (CBI)) for
inclusion in the public docket. Information not marked confidential
pursuant to 40 CFR part 2 may be disclosed publicly by EPA without
prior notice. Submit the non-CBI copy of your objection or hearing
request, identified by docket ID number EPA-HQ-OPP-2019-0128, by one of
the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be CBI or other
information whose disclosure is restricted by statute.
Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW, Washington, DC
20460-0001.
Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at https://www.epa.gov/dockets/where-send-comments-epa-dockets. Additional instructions on commenting or visiting the docket,
along with more information about dockets generally, is available at
https://www.epa.gov/dockets.
II. Summary of Petitioned-For Tolerance
In the Federal Register of August 2, 2019 (84 FR 37818) (FRL-9996-
78), 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
9E8755) by IR-4, Rutgers, The State University of New Jersey, 500
College Road East, Suite 201W, Princeton, NJ 08540. The petition
requested that 40 CFR 180.685 be amended by establishing tolerances for
residues of the fungicide oxathiapiprolin, 1-[4-[4-[5-(2,6-
difluorophenyl)-4,5-dihydro-3-isoxazolyl]-2-thiazolyl]-1-piperidinyl]-
2-[5-methyl-3-(trifluoromethyl)-1H-pyrazol-1-yl]-ethanone, in or on the
following commodities: Berry, low growing, subgroup 13-07G, except
cranberry at 0.4 parts per million (ppm); Hop, dried cones at 5 ppm;
Tropical and subtropical, medium to large fruit, smooth, inedible peel,
subgroup 24B at 0.1 ppm; individual crops of proposed crop subgroup 6-
18B: Edible podded pea legume vegetable subgroup including: Chickpea,
edible podded at 1 ppm; Dwarf pea, edible podded at 1 ppm; Edible
podded pea at 1 ppm; Grass-pea, edible podded at 1 ppm; Green pea,
edible podded at 1 ppm; Lentil, edible podded at 1 ppm; Pigeon pea,
edible podded at 1 ppm; Snap pea, edible podded at 1 ppm; Snow pea,
edible podded at 1 ppm; and Sugar snap pea, edible podded at 1 ppm; and
individual crops of proposed crop subgroup 6-18D: Succulent shelled pea
subgroup including: Chickpea, succulent shelled at 0.05 ppm; English
pea, succulent shelled at 0.05 ppm; Garden pea, succulent shelled at
0.05 ppm; Green pea, succulent shelled at 0.05 ppm; Lentil, succulent
shelled at 0.05 ppm; and Pigeon pea, succulent shelled at 0.05 ppm. In
addition, IR-4 requested removal of the following existing tolerances
upon establishment of the above tolerances for residues of the
fungicide oxathiapiprolin, 1-[4-[4-[5-(2,6-difluorophenyl)-4,5-dihydro-
3-isoxazolyl]-2-thiazolyl]-1-piperidinyl]-2-[5-methyl-3-
(trifluoromethyl)-1H-pyrazol-1-yl]-ethanone, in or on Pea, edible-
podded at 1.0 ppm and Pea, succulent shelled at 0.05 ppm.
In the Federal Register of June 7, 2019 (84 FR 26630) (FRL-9993-
93), 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
9F8736) by Syngenta Crop Protection, LLC, P.O. Box 18300, Greensboro,
NC 27419, that requested to establish tolerances in 40 CFR part 180.685
for residues of the fungicide oxathiapiprolin (1-[4-[4-[5-(2,6-
difluorophenyl)-4,5-dihydro-3-isoxazolyl]-2-thiazolyl]-1-piperidinyl]-
2-[5-methyl-3-(trifluoromethyl)-1H-pyrazol-1-yl]-ethanone), in or on
bushberry crop subgroup 13-07B, except lowbush blueberry, at 0.5 ppm;
tree nuts, crop group 14-12 at 0.01 ppm; and almond hulls at 0.05 ppm.
These documents referenced a summary of the petition prepared by
Syngenta Crop Protection, LLC, the registrant, which is available in
the docket, https://www.regulations.gov. One comment was received on the
notice of filings. EPA's response to this comment is discussed in Unit
IV.C.
Based upon review of the data supporting the petition, EPA is
correcting many of the commodity definitions. The reasons for these
changes are explained in Unit IV.D.
[[Page 40120]]
III. Aggregate Risk Assessment and Determination of Safety
Section 408(b)(2)(A)(i) of FFDCA allows EPA to establish a
tolerance (the legal limit for a pesticide chemical residue in or on a
food) only if EPA determines that the tolerance is ``safe.'' Section
408(b)(2)(A)(ii) of FFDCA defines ``safe'' to mean that ``there is a
reasonable certainty that no harm will result from aggregate exposure
to the pesticide chemical residue, including all anticipated dietary
exposures and all other exposures for which there is reliable
information.'' This includes exposure through drinking water and in
residential settings but does not include occupational exposure.
Section 408(b)(2)(C) of FFDCA requires EPA to give special
consideration to exposure of infants and children to the pesticide
chemical residue in establishing a tolerance and to ``ensure that there
is a reasonable certainty that no harm will result to infants and
children from aggregate exposure to the pesticide chemical residue . .
. . ''
Consistent with FFDCA section 408(b)(2)(D), and the factors
specified in FFDCA section 408(b)(2)(D), 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 oxathiapiprolin including
exposure resulting from the tolerances established by this action.
EPA's assessment of exposures and risks associated with oxathiapiprolin
follows.
As indicated in the Federal Register for previous tolerances
established for residues of oxathiapiprolin (see 81 FR 87463, FRL-9954-
69, December 6, 2016), the toxicity database for oxathiapiprolin
supports a decision to conduct a qualitative risk assessment, due to
the lack of treatment-related effects and limited toxicity. While
dietary exposure to oxathiapiprolin may occur through food and drinking
water, no risks of concern are anticipated due to the lack of toxicity
at anticipated human exposure levels. While residential post-
application exposures may occur through the registered uses on turf and
ornamentals, no risks of concern are anticipated due to the lack of
toxicity at anticipated human exposure levels. While dietary and
residential exposures may occur through the registered and proposed
uses for oxathiapiprolin, no aggregate risks of concern are anticipated
due to the lack of toxicity at anticipated human exposure levels.
Therefore, based on the lack of toxicity at anticipated human
exposure levels, EPA concludes there is a reasonable certainty that no
harm will result to the general population, or to infants and children
from aggregate exposure to oxathiapiprolin residues. More detailed
information on the subject action to establish tolerances in or on the
range of commodities can be found in the document entitled,
``Oxathiapiprolin. Human Health Risk Assessment to Support the
Registration for Use on Bushberry Crop Subgroup 13-07B (Except Lowbush
Blueberry), Hops, Low Growing Berry Crop Subgroup 13-07G (Except
Cranberry), Tree Nut Crop Group 14-12, and Tropical and Subtropical
Medium to Large Fruit with Smooth Inedible Peel Crop Subgroup 24B, as
well as Tolerance Translations'' dated May 15, 2020 by going to https://www.regulations.gov. The referenced document is available in the docket
established by this action, which is described under ADDRESSES. Locate
and click on the hyperlink for docket ID number EPA-HQ-OPP-2019-0128.
IV. Other Considerations
A. Analytical Enforcement Methodology
Analytical method DuPont-30422, Supplement 1 is a high performance
liquid chromatography with tandem mass spectrometry (HPLC-MS/MS) method
available for the quantitation of oxathiapiprolin residues in plant
matrices. Analytical method DuPont-31138 is an HPLC-MS/MS method
available for the analytical enforcement of oxathiapiprolin residues in
livestock commodities.
The methods 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 Codex has established MRLs for oxathiapiprolin in/on peas (pods
and succulent-immature seeds) at 1 ppm and in/on peas, shelled
(succulent seeds) at 0.05 ppm. The U.S. tolerances for the
corresponding commodities are harmonized with these Codex MRLs. The
Codex has not established MRLs for oxathiapiprolin on any of the other
requested crops or crop groups.
C. Response to Comments
One relevant comment was received from a private citizen who
opposed approval of this active ingredient due to combination with
other chemicals and not testing toxic pollutants. The existing legal
framework provided by section 408 of the FFDCA states that tolerances
may be set when persons seeking such tolerances or exemptions have
demonstrated that the pesticide meets the safety standard imposed by
that statute. This comment appears to be directed at the underlying
statute and not EPA's implementation of it; the comments provide no
information relevant the Agency's safety determination.
D. Revisions to Petitioned-For Tolerances
The Agency corrected the commodity definitions for: Almond, hulls;
Bushberry subgroup 13-07B, except lowbush blueberry; Nut, tree, group
14-12; Pea, dwarf, edible podded; Pea, edible podded; Pea, English,
succulent shelled; Pea, garden, succulent shelled; Pea, grass, edible
podded; Pea, green, edible podded; Pea, green, succulent shelled; Pea,
pigeon, edible podded; Pea, pigeon, succulent shelled; Pea, snap,
edible podded; Pea, snow, edible podded; and Pea, sugar snap, edible
podded.
V. Conclusion
Therefore, tolerances are established for residues of
oxathiapiprolin, 1-[4-[4-[5-(2,6-difluorophenyl)-4,5-dihydro-3-
isoxazolyl]-2-thiazolyl]-1-piperidinyl]-2-[5-methyl-3-
(trifluoromethyl)-1H-pyrazol-1-yl]-ethanone, in or on Almond, hulls at
0.05 ppm; Berry, low growing, subgroup 13-07G, except cranberry at 0.4
ppm; Bushberry subgroup 13-07B, except lowbush blueberry at 0.5 ppm;
Chickpea, edible podded at 1 ppm; Chickpea, succulent shelled at 0.05
ppm; Hop, dried cones at 5 ppm; Lentil, edible podded at 1 ppm; Lentil,
succulent shelled at 0.05 ppm; Nut, tree, group 14-12 at 0.01
[[Page 40121]]
ppm; Pea, dwarf, edible podded at 1 ppm; Pea, edible podded at 1 ppm;
Pea, English, succulent shelled at 0.05 ppm; Pea, garden, succulent
shelled at 0.05 ppm; Pea, grass, edible podded at 1 ppm; Pea, green,
edible podded at 1 ppm; Pea, green, succulent shelled at 0.05 ppm; Pea,
pigeon, edible podded at 1 ppm; Pea, pigeon, succulent shelled at 0.05
ppm; Pea, snap, edible podded at 1 ppm; Pea, snow, edible podded at 1
ppm; Pea, sugar snap, edible podded at 1 ppm; Tropical and subtropical,
medium to large fruit, smooth inedible peel, subgroup 24B at 0.1 ppm.
Upon the establishment of the above tolerances, the following
tolerances will be removed: Pea, edible-podded at 1.0 ppm and Pea,
succulent shelled at 0.05 ppm.
The removal of the ``pea, edible-podded'' and ``pea, succulent
shelled'' tolerances as part of this rulemaking will not result in any
adulterated pea commodities. The individual pea tolerances being
established in this rulemaking cover all the edible-podded and
succulent-shelled versions of pea as defined in 40 CFR 180.1, which
includes ``Cajanus cajan (includes pigeon pea); Cicer spp. (includes
chickpea and garbanzo bean); Lens culinaris (lentil); Pisum spp.
(includes dwarf pea, garden pea, green pea, English pea, field pea, and
edible pod pea).'' To avoid confusion about the coverage of residues in
or on pea commodities as a result of this rulemaking, EPA is clarifying
the status of two commodities listed in section 180.1 for which an
individual tolerance is not being established in this rulemaking:
Garbanzo bean and field pea. Garbanzo bean is the same commodity as
chickpea, so residues on garbanzo bean are covered by chickpea
tolerances. Field pea is not sold as an edible-podded or succulent
shelled pea and thus is not covered by the existing tolerances for
``pea, edible-podded'' and pea, succulent shelled''; removing those
tolerances does not change the status of tolerance coverage for field
pea and an individual tolerance is not necessary.
VI. Statutory and Executive Order Reviews
This action establishes tolerances under FFDCA section 408(d) in
response to petitions submitted to the Agency. The Office of Management
and Budget (OMB) has exempted these types of actions from review under
Executive Order 12866, entitled ``Regulatory Planning and Review'' (58
FR 51735, October 4, 1993). Because this action has been exempted from
review under Executive Order 12866, this action is not subject to
Executive Order 13211, entitled ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR
28355, May 22, 2001) or Executive Order 13045, entitled ``Protection of
Children from Environmental Health Risks and Safety Risks'' (62 FR
19885, April 23, 1997), nor is it considered a regulatory action under
Executive Order 13771, entitled ``Reducing Regulations and Controlling
Regulatory Costs'' (82 FR 9339, February 3, 2017). This action does not
contain any information collections subject to OMB approval under the
Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.), nor does it
require any special considerations under Executive Order 12898,
entitled ``Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations'' (59 FR 7629, February 16,
1994).
Since tolerances and exemptions that are established on the basis
of a petition under FFDCA section 408(d), such as the tolerances in
this final rule, do not require the issuance of a proposed rule, the
requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et
seq.), do not apply.
This action directly regulates growers, food processors, food
handlers, and food retailers, not States or Tribes, nor does this
action alter the relationships or distribution of power and
responsibilities established by Congress in the preemption provisions
of FFDCA section 408(n)(4). As such, the Agency has determined that
this action will not have a substantial direct effect on States or
Tribal Governments, on the relationship between the National Government
and the States or Tribal Governments, or on the distribution of power
and responsibilities among the various levels of government or between
the Federal Government and Indian Tribes. Thus, the Agency has
determined that Executive Order 13132, entitled ``Federalism'' (64 FR
43255, August 10, 1999) and Executive Order 13175, entitled
``Consultation and Coordination with Indian Tribal Governments'' (65 FR
67249, November 9, 2000) do not apply to this action. In addition, this
action does not impose any enforceable duty or contain any unfunded
mandate as described under Title II of the Unfunded Mandates Reform Act
(UMRA) (2 U.S.C. 1501 et seq.).
This action does not involve any technical standards that would
require Agency consideration of voluntary consensus standards pursuant
to section 12(d) of the National Technology Transfer and Advancement
Act (NTTAA) (15 U.S.C. 272 note).
VII. Congressional Review Act
Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.),
EPA will submit a report containing this rule and other required
information to the U.S. Senate, the U.S. House of Representatives, and
the Comptroller General of the United States prior to publication of
the rule in the Federal Register. This action is not a ``major rule''
as defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 180
Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.
Dated: May 26, 2020.
Michael Goodis,
Director, Registration Division, Office of Pesticide Programs.
Therefore, for the reasons stated in the preamble, EPA amends 40
CFR chapter I as follows:
PART 180--[AMENDED]
0
1. The authority citation for part 180 continues to read as follows:
Authority: 21 U.S.C. 321(q), 346a and 371.
0
2. In Sec. 180.685, amend the table in paragraph (a) by
0
i. Adding in alphabetical order entries for ``Almond, hulls''; ``Berry,
low growing, subgroup 13-07G, except cranberry''; ``Bushberry subgroup
13-07B, except lowbush blueberry''; ``Chickpea, edible podded'';
``Chickpea, succulent shelled''; ``Hop, dried cones''; ``Lentil, edible
podded''; ``Lentil, succulent shelled''; ``Nut, tree, group 14-12'';
``Pea, dwarf, edible podded''; ``Pea, edible podded''; ``Pea, English,
succulent shelled''; ``Pea, garden, succulent shelled''; ``Pea, grass,
edible podded''; ``Pea, green, edible podded''; ``Pea, green, succulent
shelled''; ``Pea, pigeon, edible podded''; ``Pea, pigeon, succulent
shelled''; ``Pea, snap, edible podded''; ``Pea, snow, edible podded'';
``Pea, sugar snap, edible podded''; and ``Tropical and subtropical,
medium to large fruit, smooth inedible peel, subgroup 24B''; and
0
ii. Removing the entries for: ``Pea, edible-podded''; and ``Pea,
succulent shelled''.
The additions read as follows:
Sec. 180.685 Oxathiapiprolin; tolerances for residues.
(a) * * *
[[Page 40122]]
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Almond, hulls........................................... 0.05
* * * * * * *
Berry, low growing, subgroup 13-07G, except cranberry... 0.4
* * * * * * *
Bushberry subgroup 13-07B, except lowbush blueberry..... 0.5
* * * * * * *
Chickpea, edible podded................................. 1
Chickpea, succulent shelled............................. 0.05
* * * * * * *
Hop, dried cones........................................ 5
* * * * * * *
Lentil, edible podded................................... 1
Lentil, succulent shelled............................... 0.05
Nut, tree, group 14-12.................................. 0.01
* * * * * * *
Pea, dwarf, edible podded............................... 1
Pea, edible podded...................................... 1
Pea, English, succulent shelled......................... 0.05
Pea, garden, succulent shelled.......................... 0.05
Pea, grass, edible podded............................... 1
Pea, green, edible podded............................... 1
Pea, green, succulent shelled........................... 0.05
Pea, pigeon, edible podded.............................. 1
Pea, pigeon, succulent shelled.......................... 0.05
Pea, snap, edible podded................................ 1
Pea, snow, edible podded................................ 1
Pea, sugar snap, edible podded.......................... 1
* * * * * * *
Tropical and subtropical, medium to large fruit, smooth, 0.1
inedible peel, subgroup 24B............................
* * * * * * *
------------------------------------------------------------------------
* * * * *
[FR Doc. 2020-12126 Filed 7-2-20; 8:45 am]
BILLING CODE 6560-50-P
