Flupyradifurone; Pesticide Tolerances, 51668-51672 [2020-17153]

Download as PDF 51668 Federal Register / Vol. 85, No. 163 / Friday, August 21, 2020 / Rules and Regulations MASSACHUSETTS NON-REGULATORY Name of nonregulatory SIP provision * * * Negative declaration for the 2016 Control Techniques Guidelines for the Oil and Natural Gas Industry. Applicable geographic or nonattainment area State submittal date/ effective date * Statewide ....... * 10/18/2018 EPA approved date 3 * 8/21/2020 [Insert FEDERAL REGISTER citation]. Explanations * Negative declaration 3 To determine the EPA effective date for a specific provision listed in this table, consult the Federal Register notice cited in this column for the particular provision. BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 63 [EPA–HQ–OAR–2016–0243; FRL–10009–65– OAR] RIN 2060–AO66 National Emission Standards for Hazardous Air Pollutants: Plywood and Composite Wood Products Residual Risk and Technology Review Correction In rule document 2020–12725 appearing on pages 49434–49469 in the issue of August 13, 2020, make the following correction: § 63.2282 [Corrected] On page 49459, in § 63.2282, in the third column, in the ninth line down, ‘‘August 13, 2021]’’ should read ‘‘August 13, 2020’’. ■ [FR Doc. C1–2020–12725 Filed 8–20–20; 8:45 am] BILLING CODE 1300–01–D ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 180 [EPA–HQ–OPP–2019–0460; FRL–10010–98] Flupyradifurone; Pesticide Tolerances Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: This regulation establishes tolerances for residues of flupyradifurone in or on multiple commodities which are identified and discussed later in this document. The Interregional Project Number 4 (IR–4) and the registrant, Bayer CropScience, requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA). jbell on DSKJLSW7X2PROD with RULES SUMMARY: VerDate Sep<11>2014 16:00 Aug 20, 2020 Jkt 250001 This regulation is effective August 21, 2020. Objections and requests for hearings must be received on or before October 20, 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–2019–0460, 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 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: DATES: [FR Doc. 2020–16725 Filed 8–20–20; 8:45 am] 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 PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 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 identify docket ID number EPA–HQ– OPP–2019–0460 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 October 20, 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 E:\FR\FM\21AUR1.SGM 21AUR1 Federal Register / Vol. 85, No. 163 / Friday, August 21, 2020 / Rules and Regulations jbell on DSKJLSW7X2PROD with RULES objection or hearing request, identified by docket ID number EPA–HQ–OPP– 2019–0460, 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 February 11, 2020 (85 FR 7708) (FRL–10005–02), 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 9E8771) by Interregional Project Number 4 (IR–4), Rutgers, the State University of New Jersey, 500 College Road East, Suite 201 W, Princeton, NJ 08540. The petition requested that 40 CFR 180.679 be amended by establishing tolerances for residues of the insecticide flupyradifurone, 4-[[(6-chloro-3pyridinyl)methyl](2,2difluoroethyl)amino]- 2(5H)-furanone, in or on Brassica, leafy greens, subgroup 4–16B at 40 parts per million (ppm); Celtuce at 9 ppm; Coffee, green bean at 1.5 ppm; Fennel, Florence, fresh leaves and stalk at 9 ppm; Kohlrabi at 6 ppm; Leaf petiole vegetable subgroup 22B at 9 ppm; Leafy greens subgroup 4–16A at 30 ppm; Pineapple at 0.3 ppm; Sesame, seed at 3 ppm; Stalk and stem vegetable subgroup 22A, except prickly pear, pads, and prickly pear, Texas, pads at 0.01 ppm; Sunflower subgroup 20B at 0.7 ppm; Tropical and subtropical, inedible peel, cactus, subgroup 24D at 0.3 ppm; Tropical and subtropical, palm fruit, edible peel, subgroup 23C at 8 ppm; and Vegetable, Brassica, head and stem, group 5–16 at 6 ppm. In addition, the IR–4 petition requested that 40 CFR 180.679(c) be amended by establishing tolerances with regional restrictions for residues of the insecticide flupyradifurone, 4-[[(6chloro-3-pyridinyl)methyl](2,2- VerDate Sep<11>2014 16:00 Aug 20, 2020 Jkt 250001 difluoroethyl)amino]- 2(5H)-furanone, in or on Grass, forage, fodder and hay, group 17 at 15 ppm. Upon establishment of the above tolerances, IR–4 requested the removal of the existing tolerances in 40 CFR part 180.679 for residues of the insecticide flupyradifurone, 4-[[(6-chloro-3pyridinyl)methyl](2,2difluoroethyl)amino]- 2(5H)-furanone, in or on Brassica, head and stem subgroup 5A at 6.0 ppm; Brassica, leafy greens subgroup 5B at 40 ppm; Cactus, fruit at 0.30 ppm; Cilantro, fresh leaves at 30 ppm; Coffee, green been (import tolerance) at 1.5 ppm; Leaf petioles, subgroup 4B at 9.0 ppm; Leafy greens, subgroup 4A at 30 ppm; Pitaya at 0.30 ppm; and Turnip greens at 40 ppm. IR–4 also requested removal of the section 18 emergency exemption tolerances on sorghum, syrup at 90.0 ppm and sorghum, forage at 30 ppm. Through inadvertent error however, EPA failed to provide notice of this petitioned-for request in its February 11, 2020 document. In the Federal Register of October 28, 2019 (84 FR 57417) (FRL–10001–12), 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 9F8775) by Bayer CropScience, 2 T.W. Alexander Drive, Research Triangle Park, NC 27709, that requested to establish a tolerance in in 40 CFR part 180.679 for residues of the insecticide flupyradifurone 4-[[(6chloro-3-pyridinyl)methyl](2,2difluoroethyl)amino]- 2(5H)-furanone, in or on Rapeseed subgroup (Crop Subgroup 20A) at 0.03 ppm. This document referenced a summary of the petition prepared by Bayer CropScience, the registrant, which is available in the docket, https://www.regulations.gov. One comment was submitted on each notice of filing. EPA’s response to these comments is discussed in Unit IV.C. Based upon review of the data supporting the petition, EPA revised the commodity definitions for two commodities to be consistent with EPA’s preferred terminology, changing Fennel, Florence, fresh leaves and stalk to Fennel, florence, fresh leaves and stalk; and Vegetable, Brassica, head and stem, group 5–16 to Vegetable, brassica, head and stem, group 5–16. Finally, due to the failure to provide timely notice of the request to remove the section 18 emergency exemption tolerances for sorghum commodities, EPA is not removing those tolerances at this time. III. Aggregate Risk Assessment and Determination of Safety Section 408(b)(2)(A)(i) of FFDCA allows EPA to establish a tolerance (the PO 00000 Frm 00037 Fmt 4700 Sfmt 4700 51669 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 flupyradifurone including exposure resulting from the tolerances established by this action. EPA’s assessment of exposures and risks associated with flupyradifurone follows. On September 23, 2016, EPA published in the Federal Register a final rule establishing tolerances for residues of flupyradifurone in or on several commodities based on the Agency’s conclusion that aggregate exposure to flupyradifurone is safe for the general population, including infants and children. See (81 FR 65552) (FRL–9951– 68). EPA is incorporating the following portions of that document by reference here, as they have not changed in the Agency’s current assessment of flupyradifurone tolerances—the toxicological profile and points of departure, the conclusions about cumulative risk, and the Agency’s rationale for reducing the children’s safety factor. EPA’s exposure assessments have been updated to include the additional exposure from use of flupyradifurone on the Brassica, leafy greens, subgroup 4– 16B; Celtuce; Coffee, green bean; Fennel, florence, fresh leaves and stalk; Kohlrabi; Leaf petiole vegetable subgroup 22B; Leafy greens subgroup 4– 16A; Pineapple; Rapeseed subgroup 20A; Sesame, seed; Stalk and stem vegetable subgroup 22A, except prickly pear, pads, and prickly pear, Texas, pads; Sunflower subgroup 20B; Tropical and subtropical, inedible peel, cactus, E:\FR\FM\21AUR1.SGM 21AUR1 jbell on DSKJLSW7X2PROD with RULES 51670 Federal Register / Vol. 85, No. 163 / Friday, August 21, 2020 / Rules and Regulations subgroup 24D; Tropical and subtropical, palm fruit, edible peel, subgroup 23C; and Vegetable, brassica, head and stem, group 5–16. EPA has assumed tolerancelevel residues and 100 percent crop treated (PCT) for the acute dietary assessment. For the chronic dietary assessment, EPA assumed average residues, rather than tolerance-level residues, for some commodities and 100 PCT. EPA’s aggregate exposure assessment incorporated this dietary exposure, as well as exposure in drinking water and from residential sources, although drinking water and residential exposures are not impacted by the new uses and thus have not changed since the last assessment and as reflected in the preamble to the September 23, 2016 rule. Acute dietary risks are below the Agency’s level of concern of 100% of the acute population adjusted dose (aPAD); they are 38% of the aPAD for children 1 to 2 years old, the most highly exposed population group. Chronic dietary risks are below the Agency’s level of concern of 100% of the chronic population adjusted dose (cPAD); they are 64% of the cPAD for children 1 to 2 years old, the group with the highest exposure. As required by the FFDCA, EPA considered aggregate exposures to flupyradifurone, i.e., exposures from food, drinking water, and residential uses, in its risk assessment. There are no residential uses expected to result in acute, intermediate-term, or chronic exposures; therefore, aggregate risks for those exposure durations are equal to the dietary risks for those exposure durations and not of concern. Aggregating short-term exposures to adults and children with the chronic (background) dietary exposures yields margins of exposure (MOEs) of 300 (adults) and 220 (children). Both of these exceed the Agency’s level of concern, which is an MOE of 100 or lower; therefore, short-term exposures are not of concern. Therefore, based on the risk assessments and information described above, 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 flupyradifurone residues. More detailed information about the Agency’s analysis can be found in the document entitled, ‘‘Flupyradifurone; Human Health Risk Assessment for Uses on Grass Forage Fodder and Hay Group 17, Pineapple, Rapeseed Subgroup 20A, Sesame Seed, Stalk and Stem Vegetable Subgroup 22A (except Prickly Pear Pads and Prickly Pear Texas Pads), Sunflower Subgroup 20B, Sweet Sorghum, VerDate Sep<11>2014 16:00 Aug 20, 2020 Jkt 250001 Tropical and Subtropical Palm Fruit Edible Peel Subgroup 23C, Crop Group Expansions/Conversions of Tolerances to Brassica Leafy Greens Subgroup 4– 16B, Leafy Greens Subgroup 4–16A, Leaf Petiole Vegetable Subgroup 22B, Tropical and Subtropical Inedible Peel Cactus Subgroup 24D, Vegetable Brassica Head and Stem Group 5–16 and Establish Individual Tolerances on Celtuce, Fennel Florence, Kohlrabi; and Coffee,’’ which is described under ADDRESSES. Locate and click on the hyperlink for docket ID number EPA– HQ–OPP–2019–0460. IV. Other Considerations A. Analytical Enforcement Methodology Adequate enforcement methodology Method RV–001–P10–03, which uses high-performance liquid chromatography with tandem mass spectrometry (HPLC/MS/MS) to quantitate residues of flupyradifurone and its metabolite difluoroacetic acid (DFA) in various crops is available for enforcement. An HPLC/MS/MS method, Method RV–004–A11–05 is adequate as the enforcement method for determination of residues of flupyradifurone and its metabolite DFA in livestock commodities. The method may be requested from: Chief, Analytical Chemistry Branch, Environmental Science Center, 701 Mapes Rd., Ft. Meade, MD 20755–5350; telephone number: (410) 305–2905; email address: 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 may establish a tolerance that is different from a Codex MRL; however, FFDCA section 408(b)(4) requires that EPA explain the reasons for departing from the Codex level. Codex MRLs have been established for head cabbage at 1.5 ppm, cauliflower at 6 ppm, and lettuce (head and leaf) at 4 ppm. For leafy greens subgroup 4– PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 16A, harmonization with Codex is not possible because the U.S. tolerance of 30 ppm is much higher than the Codex MRLs for head lettuce and leaf lettuce. Harmonizing with the Codex MRLs would put U.S. growers at risk of having violative residues despite legal use of the pesticide. The U.S. tolerance on Brassica head and stem group 5–16 is harmonized with the Codex cauliflower MRL (6 ppm). It is not possible to also harmonize with head cabbage, which is another commodity in crop group 5–16. C. Response to Comments One comment was received stating that residues of pesticide chemicals on various commodities are a serious health hazard that needs to be regulated. Another comment received stated that this chemical should not be used on any food products that Americans eat. 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. These comments appear to be directed at the underlying statute and not EPA’s implementation of it; the comments provide no information relevant to the Agency’s safety determination. V. Conclusion Therefore, tolerances are established for residues of flupyradifurone, 4-[[(6chloro-3-pyridinyl)methyl](2,2difluoroethyl)amino]-2(5H)-furanone, in or on Brassica, leafy greens, subgroup 4–16B at 40 ppm; Celtuce at 9 ppm; Fennel, florence, fresh leaves and stalk at 9 ppm; Kohlrabi at 6 ppm; Leaf petiole vegetable subgroup 22B at 9 ppm; Leafy greens subgroup 4–16A at 30 ppm; Pineapple at 0.3 ppm; Rapeseed subgroup 20A at 0.03 ppm; Sesame, seed at 3 ppm; Stalk and stem vegetable subgroup 22A, except prickly pear, pads, and prickly pear, Texas, pads at 0.01 ppm; Sunflower subgroup 20B at 0.7 ppm; Tropical and subtropical, inedible peel, cactus, subgroup 24D at 0.3 ppm; Tropical and subtropical, palm fruit, edible peel, subgroup 23C at 8 ppm; and Vegetable, brassica, head and stem, group 5–16 at 6 ppm. A tolerance with regional restrictions is established for residues of the insecticide flupyradifurone, 4-[[(6chloro-3-pyridinyl)methyl](2,2difluoroethyl)amino]-2(5H)-furanone, in or on Grass, forage, fodder and hay, group 17 at 15 ppm. Additionally, the existing tolerance for Coffee, green bean is revised to remove the footnote. In addition, the existing tolerances in 40 CFR part 180.679 for residues of the E:\FR\FM\21AUR1.SGM 21AUR1 Federal Register / Vol. 85, No. 163 / Friday, August 21, 2020 / Rules and Regulations insecticide flupyradifurone, 4-[[(6chloro-3-pyridinyl)methyl](2,2difluoroethyl)amino]-2(5H)-furanone, in or on the following commodities are removed: Brassica, head and stem subgroup 5A at 6.0 ppm; Brassica, leafy greens subgroup 5B at 40 ppm; Cactus, fruit at 0.30 ppm; Cilantro, fresh leaves at 30 ppm; Leaf petioles, subgroup 4B at 9.0 ppm; Leafy greens, subgroup 4A at 30 ppm; Pitaya at 0.30 ppm; and Turnip greens at 40 ppm. jbell on DSKJLSW7X2PROD with RULES VI. Statutory and Executive Order Reviews This action establishes tolerances under FFDCA section 408(d) in response to a petition submitted to the Agency. The Office of Management and Budget (OMB) has exempted these types of actions from review under Executive Order 12866, 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 VerDate Sep<11>2014 16:00 Aug 20, 2020 Jkt 250001 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: June 26, 2020. Michael Goodis, Director, Registration Division, Office of Pesticide Programs. Therefore, 40 CFR chapter I is amended as follows: PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 51671 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 § 180.679: a. In paragraph (a): ■ i. Add a heading for the table. ■ ii. Remove the entries for ‘‘Brassica, head and stem subgroup 5A’’ and ‘‘Brassica, leafy greens subgroup 5B’’. ■ iii. Add alphabetically the entry ‘‘Brassica, leafy greens, subgroup 4– 16B’’. ■ iv. Remove the entry for ‘‘Cactus, fruit’’. ■ v. Add alphabetically the entry ‘‘Celtuce’’. ■ vi. Remove the entry for ‘‘Cilantro, fresh leaves’’. ■ vii. Revise the entry for ‘‘Coffee, green bean’’. ■ viii. Add alphabetically the entries ‘‘Fennel, florence, fresh leaves and stalk’’; ‘‘Kohlrabi’’ and ‘‘Leaf petiole vegetable subgroup 22B’’. ■ ix. Remove the entries for ‘‘Leaf petioles, subgroup 4B’’ and ‘‘Leafy greens, subgroup 4A’’. ■ x. Add alphabetically the entries ‘‘Leafy greens subgroup 4–16A’’ and ‘‘Pineapple’’. ■ xi. Remove the entry for ‘‘Pitaya’’. ■ xii. Add alphabetically the entries ‘‘Rapeseed subgroup 20A’’; ‘‘Sesame, seed’’; ‘‘Stalk and stem vegetable subgroup 22A, except prickly pear, pads, and prickly pear, Texas, pads’’; ‘‘Sunflower subgroup 20B’’; ‘‘Tropical and subtropical, inedible peel, cactus, subgroup 24D’’ and ‘‘Tropical and subtropical, palm fruit, edible peel, subgroup 23C’’. ■ xiii. Remove the entry for ‘‘Turnip greens’’. ■ xiv. Add alphabetically the entry ‘‘Vegetable, brassica, head and stem, group 5–16’’. ■ b. In paragraph (c): ■ i. Add a heading for the table. ■ ii. Add alphabetically the entry ‘‘Grass, forage, fodder and hay, group 17’’. ■ The additions and revisions read as follows: ■ ■ § 180.679 Flupyradifurone; tolerances for residues. (a) * * * E:\FR\FM\21AUR1.SGM 21AUR1 51672 Federal Register / Vol. 85, No. 163 / Friday, August 21, 2020 / Rules and Regulations TABLE 1 TO PARAGRAPH (a) Parts per million Commodity * * * * * * Brassica, leafy greens, subgroup 4–16B ............................................................................................................................................ * * * * * * * Celtuce ................................................................................................................................................................................................. Coffee, green bean .............................................................................................................................................................................. * * * * * * * Fennel, florence, fresh leaves and stalk ............................................................................................................................................. * * * * * * * Kohlrabi ................................................................................................................................................................................................ Leaf petiole vegetable subgroup 22B .................................................................................................................................................. Leafy greens subgroup 4–16A ............................................................................................................................................................ * * * * * * * Pineapple ............................................................................................................................................................................................. * * * * * * * Rapeseed subgroup 20A ..................................................................................................................................................................... Sesame, seed ...................................................................................................................................................................................... * * * * * * * Stalk and stem vegetable subgroup 22A, except prickly pear, pads, and prickly pear, Texas, pads ................................................ Sunflower subgroup 20B ..................................................................................................................................................................... * * * * * * * Tropical and subtropical, inedible peel, cactus, subgroup 24D .......................................................................................................... * * * * * * * Tropical and subtropical, palm fruit, edible peel, subgroup 23C ......................................................................................................... Vegetable, brassica, head and stem, group 5–16 .............................................................................................................................. * * * * * * (c) * * * * * * * * DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration TABLE 3 TO PARAGRAPH (c) Parts per million Commodity 50 CFR Part 679 [Docket No. 200221–0062] * * * * * [FR Doc. 2020–17153 Filed 8–20–20; 8:45 am] BILLING CODE 6560–50–P * 15 Fisheries of the Exclusive Economic Zone off Alaska; Sablefish in the Central Regulatory Area of the Gulf of Alaska National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: NMFS is prohibiting retention of sablefish by vessels using trawl gear and not participating in the cooperative fishery of the Rockfish Program in the Central Regulatory Area of the Gulf of Alaska (GOA). This action is necessary because the 2020 total allowable catch of sablefish allocated to vessels using trawl gear and not participating in the cooperative fishery of the Rockfish jbell on DSKJLSW7X2PROD with RULES 16:00 Aug 20, 2020 Jkt 250001 PO 00000 Frm 00040 Fmt 4700 9 6 9 30 0.3 0.03 3 0.01 0.7 0.3 8 6 * Program in the Central Regulatory Area of the GOA has been reached. Effective 1200 hours, Alaska local time (A.l.t.), August 18, 2020, through 2400 hours, A.l.t., December 31, 2020. DATES: Obren Davis, 907–586–7228. SUMMARY: VerDate Sep<11>2014 9 1.5 FOR FURTHER INFORMATION CONTACT: RTID 0648–XA414 * * * * Grass, forage, fodder and hay, group 17 ................................ * 40 Sfmt 4700 NMFS manages the groundfish fishery in the GOA exclusive economic zone according to the Fishery Management Plan for Groundfish of the Gulf of Alaska (FMP) prepared by the North Pacific Fishery Management Council under authority of the MagnusonStevens Fishery Conservation and Management Act. Regulations governing fishing by U.S. vessels in accordance with the FMP appear at subpart H of 50 CFR part 600 and 50 CFR part 679. The 2020 total allowable catch (TAC) of sablefish allocated to vessels using trawl gear and not participating in the cooperative fishery of the Rockfish Program in the Central Regulatory Area of the GOA is 626 metric tons (mt) as established by the final 2020 and 2021 SUPPLEMENTARY INFORMATION: E:\FR\FM\21AUR1.SGM 21AUR1

Agencies

[Federal Register Volume 85, Number 163 (Friday, August 21, 2020)]
[Rules and Regulations]
[Pages 51668-51672]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17153]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2019-0460; FRL-10010-98]


Flupyradifurone; Pesticide Tolerances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation establishes tolerances for residues of 
flupyradifurone in or on multiple commodities which are identified and 
discussed later in this document. The Interregional Project Number 4 
(IR-4) and the registrant, Bayer CropScience, requested these 
tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

DATES: This regulation is effective August 21, 2020. Objections and 
requests for hearings must be received on or before October 20, 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-2019-0460, 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 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-2019-0460 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 
October 20, 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

[[Page 51669]]

objection or hearing request, identified by docket ID number EPA-HQ-
OPP-2019-0460, 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 February 11, 2020 (85 FR 7708) (FRL-
10005-02), 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 
9E8771) by Interregional Project Number 4 (IR-4), Rutgers, the State 
University of New Jersey, 500 College Road East, Suite 201 W, 
Princeton, NJ 08540. The petition requested that 40 CFR 180.679 be 
amended by establishing tolerances for residues of the insecticide 
flupyradifurone, 4-[[(6-chloro-3-pyridinyl)methyl](2,2-
difluoroethyl)amino]- 2(5H)-furanone, in or on Brassica, leafy greens, 
subgroup 4-16B at 40 parts per million (ppm); Celtuce at 9 ppm; Coffee, 
green bean at 1.5 ppm; Fennel, Florence, fresh leaves and stalk at 9 
ppm; Kohlrabi at 6 ppm; Leaf petiole vegetable subgroup 22B at 9 ppm; 
Leafy greens subgroup 4-16A at 30 ppm; Pineapple at 0.3 ppm; Sesame, 
seed at 3 ppm; Stalk and stem vegetable subgroup 22A, except prickly 
pear, pads, and prickly pear, Texas, pads at 0.01 ppm; Sunflower 
subgroup 20B at 0.7 ppm; Tropical and subtropical, inedible peel, 
cactus, subgroup 24D at 0.3 ppm; Tropical and subtropical, palm fruit, 
edible peel, subgroup 23C at 8 ppm; and Vegetable, Brassica, head and 
stem, group 5-16 at 6 ppm.
    In addition, the IR-4 petition requested that 40 CFR 180.679(c) be 
amended by establishing tolerances with regional restrictions for 
residues of the insecticide flupyradifurone, 4-[[(6-chloro-3-
pyridinyl)methyl](2,2-difluoroethyl)amino]- 2(5H)-furanone, in or on 
Grass, forage, fodder and hay, group 17 at 15 ppm.
    Upon establishment of the above tolerances, IR-4 requested the 
removal of the existing tolerances in 40 CFR part 180.679 for residues 
of the insecticide flupyradifurone, 4-[[(6-chloro-3-
pyridinyl)methyl](2,2-difluoroethyl)amino]- 2(5H)-furanone, in or on 
Brassica, head and stem subgroup 5A at 6.0 ppm; Brassica, leafy greens 
subgroup 5B at 40 ppm; Cactus, fruit at 0.30 ppm; Cilantro, fresh 
leaves at 30 ppm; Coffee, green been (import tolerance) at 1.5 ppm; 
Leaf petioles, subgroup 4B at 9.0 ppm; Leafy greens, subgroup 4A at 30 
ppm; Pitaya at 0.30 ppm; and Turnip greens at 40 ppm.
    IR-4 also requested removal of the section 18 emergency exemption 
tolerances on sorghum, syrup at 90.0 ppm and sorghum, forage at 30 ppm. 
Through inadvertent error however, EPA failed to provide notice of this 
petitioned-for request in its February 11, 2020 document.
    In the Federal Register of October 28, 2019 (84 FR 57417) (FRL-
10001-12), 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 
9F8775) by Bayer CropScience, 2 T.W. Alexander Drive, Research Triangle 
Park, NC 27709, that requested to establish a tolerance in in 40 CFR 
part 180.679 for residues of the insecticide flupyradifurone 4-[[(6-
chloro-3-pyridinyl)methyl](2,2-difluoroethyl)amino]- 2(5H)-furanone, in 
or on Rapeseed subgroup (Crop Subgroup 20A) at 0.03 ppm. This document 
referenced a summary of the petition prepared by Bayer CropScience, the 
registrant, which is available in the docket, https://www.regulations.gov.
    One comment was submitted on each notice of filing. EPA's response 
to these comments is discussed in Unit IV.C.
    Based upon review of the data supporting the petition, EPA revised 
the commodity definitions for two commodities to be consistent with 
EPA's preferred terminology, changing Fennel, Florence, fresh leaves 
and stalk to Fennel, florence, fresh leaves and stalk; and Vegetable, 
Brassica, head and stem, group 5-16 to Vegetable, brassica, head and 
stem, group 5-16. Finally, due to the failure to provide timely notice 
of the request to remove the section 18 emergency exemption tolerances 
for sorghum commodities, EPA is not removing those tolerances at this 
time.

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 flupyradifurone including 
exposure resulting from the tolerances established by this action. 
EPA's assessment of exposures and risks associated with flupyradifurone 
follows.
    On September 23, 2016, EPA published in the Federal Register a 
final rule establishing tolerances for residues of flupyradifurone in 
or on several commodities based on the Agency's conclusion that 
aggregate exposure to flupyradifurone is safe for the general 
population, including infants and children. See (81 FR 65552) (FRL-
9951-68). EPA is incorporating the following portions of that document 
by reference here, as they have not changed in the Agency's current 
assessment of flupyradifurone tolerances--the toxicological profile and 
points of departure, the conclusions about cumulative risk, and the 
Agency's rationale for reducing the children's safety factor.
    EPA's exposure assessments have been updated to include the 
additional exposure from use of flupyradifurone on the Brassica, leafy 
greens, subgroup 4-16B; Celtuce; Coffee, green bean; Fennel, florence, 
fresh leaves and stalk; Kohlrabi; Leaf petiole vegetable subgroup 22B; 
Leafy greens subgroup 4-16A; Pineapple; Rapeseed subgroup 20A; Sesame, 
seed; Stalk and stem vegetable subgroup 22A, except prickly pear, pads, 
and prickly pear, Texas, pads; Sunflower subgroup 20B; Tropical and 
subtropical, inedible peel, cactus,

[[Page 51670]]

subgroup 24D; Tropical and subtropical, palm fruit, edible peel, 
subgroup 23C; and Vegetable, brassica, head and stem, group 5-16. EPA 
has assumed tolerance-level residues and 100 percent crop treated (PCT) 
for the acute dietary assessment. For the chronic dietary assessment, 
EPA assumed average residues, rather than tolerance-level residues, for 
some commodities and 100 PCT. EPA's aggregate exposure assessment 
incorporated this dietary exposure, as well as exposure in drinking 
water and from residential sources, although drinking water and 
residential exposures are not impacted by the new uses and thus have 
not changed since the last assessment and as reflected in the preamble 
to the September 23, 2016 rule.
    Acute dietary risks are below the Agency's level of concern of 100% 
of the acute population adjusted dose (aPAD); they are 38% of the aPAD 
for children 1 to 2 years old, the most highly exposed population 
group. Chronic dietary risks are below the Agency's level of concern of 
100% of the chronic population adjusted dose (cPAD); they are 64% of 
the cPAD for children 1 to 2 years old, the group with the highest 
exposure. As required by the FFDCA, EPA considered aggregate exposures 
to flupyradifurone, i.e., exposures from food, drinking water, and 
residential uses, in its risk assessment. There are no residential uses 
expected to result in acute, intermediate-term, or chronic exposures; 
therefore, aggregate risks for those exposure durations are equal to 
the dietary risks for those exposure durations and not of concern. 
Aggregating short-term exposures to adults and children with the 
chronic (background) dietary exposures yields margins of exposure 
(MOEs) of 300 (adults) and 220 (children). Both of these exceed the 
Agency's level of concern, which is an MOE of 100 or lower; therefore, 
short-term exposures are not of concern.
    Therefore, based on the risk assessments and information described 
above, 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 flupyradifurone residues. More detailed 
information about the Agency's analysis can be found in the document 
entitled, ``Flupyradifurone; Human Health Risk Assessment for Uses on 
Grass Forage Fodder and Hay Group 17, Pineapple, Rapeseed Subgroup 20A, 
Sesame Seed, Stalk and Stem Vegetable Subgroup 22A (except Prickly Pear 
Pads and Prickly Pear Texas Pads), Sunflower Subgroup 20B, Sweet 
Sorghum, Tropical and Subtropical Palm Fruit Edible Peel Subgroup 23C, 
Crop Group Expansions/Conversions of Tolerances to Brassica Leafy 
Greens Subgroup 4-16B, Leafy Greens Subgroup 4-16A, Leaf Petiole 
Vegetable Subgroup 22B, Tropical and Subtropical Inedible Peel Cactus 
Subgroup 24D, Vegetable Brassica Head and Stem Group 5-16 and Establish 
Individual Tolerances on Celtuce, Fennel Florence, Kohlrabi; and 
Coffee,'' which is described under ADDRESSES. Locate and click on the 
hyperlink for docket ID number EPA-HQ-OPP-2019-0460.

IV. Other Considerations

A. Analytical Enforcement Methodology

    Adequate enforcement methodology Method RV-001-P10-03, which uses 
high-performance liquid chromatography with tandem mass spectrometry 
(HPLC/MS/MS) to quantitate residues of flupyradifurone and its 
metabolite difluoroacetic acid (DFA) in various crops is available for 
enforcement. An HPLC/MS/MS method, Method RV-004-A11-05 is adequate as 
the enforcement method for determination of residues of flupyradifurone 
and its metabolite DFA in livestock commodities.
    The method may be requested from: Chief, Analytical Chemistry 
Branch, Environmental Science Center, 701 Mapes Rd., Ft. Meade, MD 
20755-5350; telephone number: (410) 305-2905; email address: 
[email protected].

B. International Residue Limits

    In making its tolerance decisions, EPA seeks to harmonize U.S. 
tolerances with international standards whenever possible, consistent 
with U.S. food safety standards and agricultural practices. EPA 
considers the international maximum residue limits (MRLs) established 
by the Codex Alimentarius Commission (Codex), as required by FFDCA 
section 408(b)(4). The Codex Alimentarius is a joint United Nations 
Food and Agriculture Organization/World Health Organization food 
standards program, and it is recognized as an international food safety 
standards-setting organization in trade agreements to which the United 
States is a party. EPA may establish a tolerance that is different from 
a Codex MRL; however, FFDCA section 408(b)(4) requires that EPA explain 
the reasons for departing from the Codex level.
    Codex MRLs have been established for head cabbage at 1.5 ppm, 
cauliflower at 6 ppm, and lettuce (head and leaf) at 4 ppm. For leafy 
greens subgroup 4-16A, harmonization with Codex is not possible because 
the U.S. tolerance of 30 ppm is much higher than the Codex MRLs for 
head lettuce and leaf lettuce. Harmonizing with the Codex MRLs would 
put U.S. growers at risk of having violative residues despite legal use 
of the pesticide. The U.S. tolerance on Brassica head and stem group 5-
16 is harmonized with the Codex cauliflower MRL (6 ppm). It is not 
possible to also harmonize with head cabbage, which is another 
commodity in crop group 5-16.

C. Response to Comments

    One comment was received stating that residues of pesticide 
chemicals on various commodities are a serious health hazard that needs 
to be regulated. Another comment received stated that this chemical 
should not be used on any food products that Americans eat. 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. These comments appear to be directed 
at the underlying statute and not EPA's implementation of it; the 
comments provide no information relevant to the Agency's safety 
determination.

V. Conclusion

    Therefore, tolerances are established for residues of 
flupyradifurone, 4-[[(6-chloro-3-pyridinyl)methyl](2,2-
difluoroethyl)amino]-2(5H)-furanone, in or on Brassica, leafy greens, 
subgroup 4-16B at 40 ppm; Celtuce at 9 ppm; Fennel, florence, fresh 
leaves and stalk at 9 ppm; Kohlrabi at 6 ppm; Leaf petiole vegetable 
subgroup 22B at 9 ppm; Leafy greens subgroup 4-16A at 30 ppm; Pineapple 
at 0.3 ppm; Rapeseed subgroup 20A at 0.03 ppm; Sesame, seed at 3 ppm; 
Stalk and stem vegetable subgroup 22A, except prickly pear, pads, and 
prickly pear, Texas, pads at 0.01 ppm; Sunflower subgroup 20B at 0.7 
ppm; Tropical and subtropical, inedible peel, cactus, subgroup 24D at 
0.3 ppm; Tropical and subtropical, palm fruit, edible peel, subgroup 
23C at 8 ppm; and Vegetable, brassica, head and stem, group 5-16 at 6 
ppm. A tolerance with regional restrictions is established for residues 
of the insecticide flupyradifurone, 4-[[(6-chloro-3-
pyridinyl)methyl](2,2-difluoroethyl)amino]-2(5H)-furanone, in or on 
Grass, forage, fodder and hay, group 17 at 15 ppm. Additionally, the 
existing tolerance for Coffee, green bean is revised to remove the 
footnote.
    In addition, the existing tolerances in 40 CFR part 180.679 for 
residues of the

[[Page 51671]]

insecticide flupyradifurone, 4-[[(6-chloro-3-pyridinyl)methyl](2,2-
difluoroethyl)amino]-2(5H)-furanone, in or on the following commodities 
are removed: Brassica, head and stem subgroup 5A at 6.0 ppm; Brassica, 
leafy greens subgroup 5B at 40 ppm; Cactus, fruit at 0.30 ppm; 
Cilantro, fresh leaves at 30 ppm; Leaf petioles, subgroup 4B at 9.0 
ppm; Leafy greens, subgroup 4A at 30 ppm; Pitaya at 0.30 ppm; and 
Turnip greens at 40 ppm.

VI. Statutory and Executive Order Reviews

    This action establishes tolerances under FFDCA section 408(d) in 
response to a petition submitted to the Agency. The Office of 
Management and Budget (OMB) has exempted these types of actions from 
review under Executive Order 12866, 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: June 26, 2020.
Michael Goodis,
Director, Registration Division, Office of Pesticide Programs.

    Therefore, 40 CFR chapter I is amended 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.  180.679:
0
a. In paragraph (a):
0
i. Add a heading for the table.
0
ii. Remove the entries for ``Brassica, head and stem subgroup 5A'' and 
``Brassica, leafy greens subgroup 5B''.
0
iii. Add alphabetically the entry ``Brassica, leafy greens, subgroup 4-
16B''.
0
iv. Remove the entry for ``Cactus, fruit''.
0
v. Add alphabetically the entry ``Celtuce''.
0
vi. Remove the entry for ``Cilantro, fresh leaves''.
0
vii. Revise the entry for ``Coffee, green bean''.
0
viii. Add alphabetically the entries ``Fennel, florence, fresh leaves 
and stalk''; ``Kohlrabi'' and ``Leaf petiole vegetable subgroup 22B''.
0
ix. Remove the entries for ``Leaf petioles, subgroup 4B'' and ``Leafy 
greens, subgroup 4A''.
0
x. Add alphabetically the entries ``Leafy greens subgroup 4-16A'' and 
``Pineapple''.
0
xi. Remove the entry for ``Pitaya''.
0
xii. Add alphabetically the entries ``Rapeseed subgroup 20A''; 
``Sesame, seed''; ``Stalk and stem vegetable subgroup 22A, except 
prickly pear, pads, and prickly pear, Texas, pads''; ``Sunflower 
subgroup 20B''; ``Tropical and subtropical, inedible peel, cactus, 
subgroup 24D'' and ``Tropical and subtropical, palm fruit, edible peel, 
subgroup 23C''.
0
xiii. Remove the entry for ``Turnip greens''.
0
xiv. Add alphabetically the entry ``Vegetable, brassica, head and stem, 
group 5-16''.
0
b. In paragraph (c):
0
i. Add a heading for the table.
0
ii. Add alphabetically the entry ``Grass, forage, fodder and hay, group 
17''.
0
The additions and revisions read as follows:


Sec.  180.679  Flupyradifurone; tolerances for residues.

    (a) * * *

[[Page 51672]]



                        Table 1 to Paragraph (a)
------------------------------------------------------------------------
                                                             Parts per
                        Commodity                             million
------------------------------------------------------------------------
 
                              * * * * * * *
Brassica, leafy greens, subgroup 4-16B..................              40
 
                              * * * * * * *
Celtuce.................................................               9
Coffee, green bean......................................             1.5
 
                              * * * * * * *
Fennel, florence, fresh leaves and stalk................               9
 
                              * * * * * * *
Kohlrabi................................................               6
Leaf petiole vegetable subgroup 22B.....................               9
Leafy greens subgroup 4-16A.............................              30
 
                              * * * * * * *
Pineapple...............................................             0.3
 
                              * * * * * * *
Rapeseed subgroup 20A...................................            0.03
Sesame, seed............................................               3
 
                              * * * * * * *
Stalk and stem vegetable subgroup 22A, except prickly               0.01
 pear, pads, and prickly pear, Texas, pads..............
Sunflower subgroup 20B..................................             0.7
 
                              * * * * * * *
Tropical and subtropical, inedible peel, cactus,                     0.3
 subgroup 24D...........................................
 
                              * * * * * * *
Tropical and subtropical, palm fruit, edible peel,                     8
 subgroup 23C...........................................
Vegetable, brassica, head and stem, group 5-16..........               6
 
                              * * * * * * *
------------------------------------------------------------------------

* * * * *
    (c) * * *

                        Table 3 to Paragraph (c)
------------------------------------------------------------------------
                                                              Parts per
                         Commodity                             million
------------------------------------------------------------------------
 
                                * * * * *
Grass, forage, fodder and hay, group 17....................           15
------------------------------------------------------------------------

* * * * *
[FR Doc. 2020-17153 Filed 8-20-20; 8:45 am]
BILLING CODE 6560-50-P


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