Oxathiapiprolin; Pesticide Tolerances, 40118-40122 [2020-12126]

Download as PDF 40118 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 This rule is one of 20 separate DoD component Privacy rules that are being rescinded as part of the finalization of the DoD-level Privacy rule at 32 CFR part 310, the Department is eliminating the need for this separate component Privacy rule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 VerDate Sep<11>2014 18:55 Jul 02, 2020 Jkt 250001 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: PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 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: E:\FR\FM\06JYR1.SGM 06JYR1 Federal Register / Vol. 85, No. 129 / Monday, July 6, 2020 / Rules and Regulations 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 VerDate Sep<11>2014 18:55 Jul 02, 2020 Jkt 250001 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 PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 40119 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. E:\FR\FM\06JYR1.SGM 06JYR1 40120 Federal Register / Vol. 85, No. 129 / Monday, July 6, 2020 / Rules and Regulations 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 VerDate Sep<11>2014 18:55 Jul 02, 2020 Jkt 250001 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 PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 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 E:\FR\FM\06JYR1.SGM 06JYR1 Federal Register / Vol. 85, No. 129 / Monday, July 6, 2020 / Rules and Regulations 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 VerDate Sep<11>2014 18:55 Jul 02, 2020 Jkt 250001 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 PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 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


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