Extension of Tolerances for Emergency Exemptions; Multiple Chemicals, 8700-8704 [2021-02512]
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Federal Register / Vol. 86, No. 25 / Tuesday, February 9, 2021 / Rules and Regulations
requirements of the CAA and 40 CFR
60.23(b) and 62.06.
B. Submission to Congress and the
Comptroller General
III. Statutory and Executive Order
Reviews
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action 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. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
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A. General Requirements
EPA’s role with regard to negative
declarations for designated facilities
received by EPA from states is to notify
the public of the receipt of such
negative declarations and revise 40 CFR
part 62 accordingly. This action
approves the state’s negative declaration
as meeting Federal requirements and
does not impose additional
requirements beyond those imposed by
state law. For that reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Is not an Executive Order 13771
regulatory action because this action is
not significant under Executive Order
12866.
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
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C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by April 12, 2021. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action,
approving a negative declaration
submitted by MDE stating that there are
no Sewage Sludge Incineration (SSI)
units in the state of Maryland subject to
sections 111(d) and 129 of the CAA,
may not be challenged later in
proceedings to enforce its requirements.
(See section 307(b)(2)).
List of Subjects in 40 CFR Part 62
Environmental protection, Air
pollution control, Intergovernmental
relations, Reporting and recordkeeping
requirements, Sewage sludge
incineration units.
Dated: February 3, 2021.
Diana Esher,
Acting Regional Administrator, Region III.
For the reasons stated in the
preamble, the EPA amends 40 CFR part
62 as follows:
PART 62—APPROVAL AND
PROMULGATION OF STATE PLANS
FOR DESIGNATED FACILITIES AND
POLLUTANTS
1. The authority citation for part 62
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
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Subpart V—Maryland
2. Add an undesignated center
heading and § 62.4690 to read as
follows:
■
Air Emissions From Existing Sewage
Sludge Incinerators (SSI)—Section
111(d)/129 Federal Plan Delegations
§ 62.4690 Identification of plan—negative
declaration.
Letter from the State of Maryland,
Department of the Environment,
submitted April 3, 2020, certifying that
there are no existing sewage sludge
incineration units within the State of
Maryland that are subject to 40 CFR part
60, subpart MMMM.
[FR Doc. 2021–02617 Filed 2–8–21; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2020–0568; FRL–10017–55]
Extension of Tolerances for
Emergency Exemptions; Multiple
Chemicals
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation extends timelimited tolerances for residues of the
pesticides clothianidin, methyl
bromide, and triclopyr in or on various
commodities, as identified in this
document. These actions are in response
to EPA’s granting of emergency
exemptions under the Federal
Insecticide, Fungicide, and Rodenticide
Act (FIFRA) authorizing use of these
pesticides. In addition, the Federal
Food, Drug, and Cosmetic Act (FFDCA)
requires EPA to establish a time-limited
tolerance or exemption from the
requirement for a tolerance for pesticide
chemical residues in food that will
result from the use of a pesticide under
an emergency exemption granted by
EPA. Additionally, EPA is removing
time-limited tolerances for flonicamid
on prickly pear, fruit and pads at 1.5
ppm because this exemption will not be
renewed, and the tolerances will expire
by the effective date of this rule. EPA is
also making non-substantive
administrative revisions to the tolerance
listings for methyl bromide to update
the commodity terminology.
DATES: This regulation is effective
February 9, 2021. Objections and
requests for hearings must be received
on or before April 12, 2021 and must be
filed in accordance with the instructions
SUMMARY:
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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–2020–0568, 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.
Due to the public health concerns
related to COVID–19, the EPA Docket
Center (EPA/DC) and Reading Room is
closed to visitors with limited
exceptions. The staff continues to
provide remote customer service via
email, phone, and webform. For the
latest status information on EPA/DC
services and docket access, visit https://
www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
Marietta Echeverria, 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
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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 40 CFR part 180
through the Government Publishing
Office’s e-CFR site at https://
www.ecfr.gov/cgi-bin/text-idx?&c=
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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–2020–0568 in the subject line on
the first page of your submission. All
objections and requests must be in
writing and must be received by the
Hearing Clerk on or before April 12,
2021. 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–
2020–0568, 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. Background and Statutory Findings
EPA previously published final rules
establishing time-limited tolerances in
the Federal Register for the chemicals
and commodities listed, below, under
FFDCA section 408, 21 U.S.C. 346a.
EPA established the tolerances because
FFDCA section 408(l)(6) requires EPA to
establish a time-limited tolerance or
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exemption from the requirement for a
tolerance for pesticide chemical
residues in food that will result from the
use of a pesticide under an emergency
exemption granted by EPA under FIFRA
section 18. Such tolerances can be
established at EPA’s own initiative and
without providing notice or time for
public comment.
EPA received requests to extend
emergency uses of clothianidin, methyl
bromide, and triclopyr for this year’s
growing season. After having reviewed
these submissions, EPA concurs that
emergency conditions continue to exist.
EPA assessed the potential risks
presented by residues for each chemical
in the pertinent commodities. In doing
so, EPA considered the safety standard
in FFDCA section 408(b)(2) and decided
that the necessary tolerance under
FFDCA section 408(l)(6) would be
consistent with the safety standard and
with FIFRA section 18.
The data and other relevant material
have been evaluated and were discussed
in the final rules originally establishing
the time-limited tolerances. Based on
those data and information considered,
the Agency reaffirms that extension of
these time-limited tolerances will
continue to meet the requirements of
FFDCA section 408(l)(6). Therefore, the
time-limited tolerances are extended
until December 31, 2023. Although
these tolerances will expire and are
revoked on December 31, 2023, under
FFDCA section 408(l)(5), residues of the
pesticide not in excess of the amounts
specified in the tolerances remaining in
or on the commodities after that date
will not be unlawful, provided the
residue is present as a result of an
application or use of a pesticide at a
time and in a manner that was lawful
under FIFRA, the tolerance was in place
at the time of the application, and the
residue does not exceed the level that
was authorized by the tolerance. EPA
will take action to revoke these
tolerances earlier if any experience
with, scientific data on, or other
relevant information on this pesticide
indicate that the residues are not safe.
EPA will publish a document in the
Federal Register to remove the revoked
tolerances from the Code of Federal
Regulations (CFR).
Time-limited tolerances for the use of
the following pesticide chemicals on
specific commodities are being
extended:
Clothianidin. EPA has authorized
under FIFRA section 18 the use of
clothianidin on citrus for control of the
Asian citrus psyllid in Florida and
Texas. This regulation extends a timelimited tolerance for residues of the
insecticide clothianidin and its
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metabolites and degradates in or on
fruit, citrus, group 10–10 at 0.07 parts
per million (ppm) for an additional 3year period. This tolerance will expire
and is revoked on December 31, 2023.
The time-limited tolerance was
originally published in the Federal
Register of February 25, 2015 (80 FR
10003) (FRL–9919–59).
Methyl bromide. Pursuant to a request
by the US Department of Agriculture,
Animal and Plant Health Inspection
Service, EPA has authorized under
FIFRA section 18 the use of methyl
bromide on certain imported and
domestic commodities, post-harvest for
control of invasive non-indigenous
quarantine plant pests and to prevent
the introduction and/or spread of any
new or recently introduced foreign pests
to the United States. This regulation
extends time-limited tolerances for
residues of the pesticide methyl
bromide, including its metabolites and
degradates, in or on the commodities
identified in 40 CFR 180.124(b) (and
listed in the regulatory text section of
this document) at the levels listed for an
additional 3-year period. The tolerances
will expire and are revoked on
December 31, 2023. The time-limited
tolerances were originally published in
the Federal Register of March 1, 2018
(83 FR 8758) (FRL–9971–19) and
October 16, 2020 (85 FR 65729) (FRL–
10014–31).
In addition to extending these
tolerances, EPA is making several nonsubstantive revisions to 40 CFR
180.124(b). Entries for avocado, banana,
longan, lychee, pomegranate, rambutan,
and Spanish lime are deleted, because
these commodities are included in
Tropical and subtropical fruits, inedible
peel, group 24. This regulation also
revises certain commodity terms for
consistency with current crop groups
and commodity vocabulary as follows:
‘‘Tropical and subtropical fruits, edible
peel, group 23’’ will now read ‘‘Fruit,
tropical and subtropical, edible peel,
group 23’’; ‘‘Tropical and subtropical
fruits, inedible peel, group 24’’ will now
read ‘‘Fruit, tropical and subtropical,
inedible peel, group 24’’; and ‘‘Stalk,
stem and leaf petiole vegetables, group
22’’ will now read ‘‘Vegetables, stalk,
stem and leaf petiole, group 22’’. None
of the revisions discussed in this
paragraph change the amount of methyl
bromide residues permitted on any
commodity.
Triclopyr. EPA has authorized under
FIFRA section 18 the use of triclopyr on
sugarcane for control of divine
nightshade (Solanum nigresens) in
Louisiana. This regulation extends a
time-limited tolerance for residues of
the herbicide triclopyr and its
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metabolites and degradates in or on
sugarcane, cane at 40 ppm for an
additional 3-year period. The tolerance
will expire and is revoked on December
31, 2023. A time-limited tolerance was
originally published in the Federal
Register of June 8, 2017 (82 FR 26599)
(FRL–9961–29).
The time-limited tolerances are being
removed at 40 CFR 180.613(b) for
residues of the insecticide flonicamid
and its metabolites in or on prickly pear,
fruit and pads at 1.5 ppm which expire
on December 31, 2020. The applicant
has not submitted a request for further
use of flonicamid on prickly pear. The
time-limited tolerances were originally
published in the Federal Register of
January 26, 2018 (83 FR 3610) (FRL–
9971–94).
III. International Residue Limits
In making its tolerance decisions, EPA
seeks to harmonize U.S. tolerances with
international standards whenever
possible, consistent with U.S. food
safety standards and agricultural
practices. EPA considers the
international maximum residue limits
(MRLs) established by the Codex
Alimentarius Commission (Codex), as
required by FFDCA section 408(b)(4).
The Codex Alimentarius is a joint
United Nations Food and Agriculture
Organization/World Health
Organization food standards program,
and it is recognized as an international
food safety standards-setting
organization in trade agreements to
which the United States is a party. EPA
may establish a tolerance that is
different from a Codex MRL; however,
FFDCA section 408(b)(4) requires that
EPA explain the reasons for departing
from the Codex level. The Codex has not
established any MRLs for flonicamid,
methyl bromide, or triclopyr on the
commodities listed in this document.
The Codex has established MRLs for
clothianidin in or on citrus at 0.07 ppm,
the same as the tolerance established for
fruit, citrus, group 10–10 in the United
States. Therefore, there are no
harmonization issues.
IV. Statutory and Executive Order
Reviews
This action establishes tolerances
under FFDCA section 408(e) and
408(l)(6). 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
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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). 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 under FFDCA sections
408(e) and 408(l)(6), such as the
tolerance 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).
V. Congressional Review Act
Pursuant to the Congressional Review
Act (5 U.S.C. 801 et seq.), EPA has
submitted a report containing this rule
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Dated: December 4, 2020.
Marietta Echeverria,
Acting Director, Registration Division, Office
of Pesticide Programs.
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).
Therefore, for the reasons stated in the
preamble, EPA is amending 40 CFR
chapter I as follows:
List of Subjects in 40 CFR Part 180
Environmental protection,
Administrative practice and procedure,
Agricultural commodities, Pesticides
and pests, Reporting and recordkeeping
requirements.
PART 180—TOLERANCES AND
EXEMPTIONS FOR PESTICIDE
CHEMICAL RESIDUES IN FOOD
1. The authority citation for part 180
continues to read as follows:
■
Authority: 21 U.S.C. 321(q), 346a and 371.
2. In § 180.124, revise paragraph (b) to
read as follows:
■
8703
§ 180.124 Methyl bromide; tolerances for
residues.
*
*
*
*
*
(b) Section 18 emergency exemptions.
Time-limited tolerances are established
for residues of the fumigant methyl
bromide, including its metabolites and
degradates, in or on the specified
agricultural commodities in Table 2 to
this paragraph (b). Compliance with the
tolerance levels specified in Table 2 to
this paragraph (b) is to be determined by
measuring only methyl bromide, in or
on the commodities, resulting from use
of the pesticide pursuant to Federal
Insecticide, Fungicide, Rodenticide Act
(FIFRA) section 18 emergency
exemptions. The tolerances expire and
are revoked on the dates specified in
Table 2 to this paragraph (b).
TABLE 2 TO PARAGRAPH (b)
Berry and small fruit, group 13–07 ..........................................................................................................................
Cactus ......................................................................................................................................................................
Coconut, copra ........................................................................................................................................................
Coffee, green bean ..................................................................................................................................................
Cola, seed ................................................................................................................................................................
Cucurbit, seed ..........................................................................................................................................................
Fig ............................................................................................................................................................................
Fruit, citrus, group 10–10 ........................................................................................................................................
Fruit, stone, group 12–12 ........................................................................................................................................
Fruit, tropical and subtropical, edible peel, group 23 ..............................................................................................
Fruit, tropical and subtropical, inedible peel, group 24 ...........................................................................................
Herb and spice, group 19 ........................................................................................................................................
Hibiscus, seed .........................................................................................................................................................
Ivy gourd ..................................................................................................................................................................
Kaffir lime, leaves ....................................................................................................................................................
Kenaf, seed ..............................................................................................................................................................
Oilseed group 20 .....................................................................................................................................................
Peppermint, tops ......................................................................................................................................................
Pointed gourd ..........................................................................................................................................................
Spearmint, tops ........................................................................................................................................................
Vegetable, bulb, group 3–07 ...................................................................................................................................
Vegetable, cucurbit, group 9 ...................................................................................................................................
Vegetable, foliage of legume, group 7 ....................................................................................................................
Vegetable, fruiting, group 8–10 ...............................................................................................................................
Vegetable, head and stem Brassica, group 5–16 ...................................................................................................
Vegetable, leafy, group 4–16 ..................................................................................................................................
Vegetable, leaves of root and tuber, group 2 .........................................................................................................
Vegetable, legume, group 6 ....................................................................................................................................
Vegetable, root and tuber, group 1 .........................................................................................................................
Vegetable, stalk, stem and leaf petiole, group 22 ...................................................................................................
*
*
*
*
*
3. In § 180.417, revise the table in
paragraph (b) to read as follows:
■
§ 180.417 Triclopyr; tolerances for
residues.
*
*
Expiration/
revocation
date
Parts per
million
Commodity
*
*
5.0
3.0
8.0
150
150
150
10
2
5.0
10
5.0
35
150
5.0
0.50
150
150
35
5.0
35
2.0
5.0
0.50
7.0
1.0
0.50
0.50
3.0
3.0
0.50
12/31/23
12/31/23
12/31/23
12/31/23
12/31/23
12/31/23
12/31/23
12/31/23
12/31/23
12/31/23
12/31/23
12/31/23
12/31/23
12/31/23
12/31/23
12/31/23
12/31/23
12/31/23
12/31/23
12/31/23
12/31/23
12/31/23
12/31/23
12/31/23
12/31/23
12/31/23
12/31/23
12/31/23
12/31/23
12/31/23
(b) * * *
*
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Sugarcane, cane ......................................................................................................................................................
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revocation
date
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million
Commodity
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*
*
*
*
4. In § 180.586, revise the entry for
‘‘Fruit, citrus, group 10–10’’ in the table
in paragraph (b) to read as follows:
■
§ 180.586 Clothianidin; tolerances for
residues.
*
*
*
(b) * * *
*
Parts per
million
Commodity
Fruit, citrus, group 10–10 .........................................................................................................................................
*
*
*
§ 180.613
*
*
*
*
*
[Amended]
5. In § 180.613, remove and reserve
paragraph (b).
■
[FR Doc. 2021–02512 Filed 2–8–21; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2020–0066 and EPA–HQ–
OPP–2019–0586; FRL–10017–32]
Benzovindiflupyr; Pesticide Tolerances
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation establishes
tolerances for residues of
benzovindiflupyr in or on lowbush
blueberries, ginseng, and sugar beet
roots, leaves, and dried pulp.
Interregional Research Project Number 4
(IR–4) and Syngenta Crop Protection
requested these tolerances under the
Federal Food, Drug, and Cosmetic Act
(FFDCA).
SUMMARY:
This regulation is effective
February 9, 2021. Objections and
requests for hearings must be received
on or before April 12, 2021, 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 dockets for this action,
identified by docket identification (ID)
numbers EPA–HQ–OPP–2020–0066 and
EPA–HQ–OPP–2019–0586, are 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
khammond on DSKJM1Z7X2PROD with RULES
DATES:
VerDate Sep<11>2014
16:18 Feb 08, 2021
Jkt 253001
*
*
Public Reading Room is (202) 566–1744,
and the telephone number for the OPP
Docket is (703) 305–5805.
Due to the public health concerns
related to COVID–19, the EPA Docket
Center (EPA/DC) and Reading Room is
closed to visitors with limited
exceptions. The staff continues to
provide remote customer service via
email, phone, and webform. For the
latest status information on EPA/DC
services and docket access, visit https://
www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
Marietta Echeverria, 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
e-CFR site at https://www.ecfr.gov/cgibin/text-idx?&c=ecfr&tpl=/ecfrbrowse/
Title40/40tab_02.tpl.
PO 00000
Frm 00020
*
Fmt 4700
Sfmt 4700
Expiration/
revocation
date
0.07
*
12/31/23
*
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 numbers EPA–HQ–
OPP–2020–0066 and EPA–HQ–OPP–
2019–0586 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 April
12, 2021. 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 numbers EPA–HQ–OPP–
2020–0066 and EPA–HQ–OPP–2019–
0586, 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/contacts.html.
Additional instructions on
commenting or visiting the docket,
along with more information about
E:\FR\FM\09FER1.SGM
09FER1
Agencies
[Federal Register Volume 86, Number 25 (Tuesday, February 9, 2021)]
[Rules and Regulations]
[Pages 8700-8704]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02512]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[EPA-HQ-OPP-2020-0568; FRL-10017-55]
Extension of Tolerances for Emergency Exemptions; Multiple
Chemicals
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This regulation extends time-limited tolerances for residues
of the pesticides clothianidin, methyl bromide, and triclopyr in or on
various commodities, as identified in this document. These actions are
in response to EPA's granting of emergency exemptions under the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA) authorizing use of
these pesticides. In addition, the Federal Food, Drug, and Cosmetic Act
(FFDCA) requires EPA to establish a time-limited tolerance or exemption
from the requirement for a tolerance for pesticide chemical residues in
food that will result from the use of a pesticide under an emergency
exemption granted by EPA. Additionally, EPA is removing time-limited
tolerances for flonicamid on prickly pear, fruit and pads at 1.5 ppm
because this exemption will not be renewed, and the tolerances will
expire by the effective date of this rule. EPA is also making non-
substantive administrative revisions to the tolerance listings for
methyl bromide to update the commodity terminology.
DATES: This regulation is effective February 9, 2021. Objections and
requests for hearings must be received on or before April 12, 2021 and
must be filed in accordance with the instructions
[[Page 8701]]
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-2020-0568, 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.
Due to the public health concerns related to COVID-19, the EPA
Docket Center (EPA/DC) and Reading Room is closed to visitors with
limited exceptions. The staff continues to provide remote customer
service via email, phone, and webform. For the latest status
information on EPA/DC services and docket access, visit https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT: Marietta Echeverria, 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 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-2020-0568 in the subject line on the first
page of your submission. All objections and requests must be in writing
and must be received by the Hearing Clerk on or before April 12, 2021.
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-2020-0568, 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. Background and Statutory Findings
EPA previously published final rules establishing time-limited
tolerances in the Federal Register for the chemicals and commodities
listed, below, under FFDCA section 408, 21 U.S.C. 346a. EPA established
the tolerances because FFDCA section 408(l)(6) requires EPA to
establish a time-limited tolerance or exemption from the requirement
for a tolerance for pesticide chemical residues in food that will
result from the use of a pesticide under an emergency exemption granted
by EPA under FIFRA section 18. Such tolerances can be established at
EPA's own initiative and without providing notice or time for public
comment.
EPA received requests to extend emergency uses of clothianidin,
methyl bromide, and triclopyr for this year's growing season. After
having reviewed these submissions, EPA concurs that emergency
conditions continue to exist. EPA assessed the potential risks
presented by residues for each chemical in the pertinent commodities.
In doing so, EPA considered the safety standard in FFDCA section
408(b)(2) and decided that the necessary tolerance under FFDCA section
408(l)(6) would be consistent with the safety standard and with FIFRA
section 18.
The data and other relevant material have been evaluated and were
discussed in the final rules originally establishing the time-limited
tolerances. Based on those data and information considered, the Agency
reaffirms that extension of these time-limited tolerances will continue
to meet the requirements of FFDCA section 408(l)(6). Therefore, the
time-limited tolerances are extended until December 31, 2023. Although
these tolerances will expire and are revoked on December 31, 2023,
under FFDCA section 408(l)(5), residues of the pesticide not in excess
of the amounts specified in the tolerances remaining in or on the
commodities after that date will not be unlawful, provided the residue
is present as a result of an application or use of a pesticide at a
time and in a manner that was lawful under FIFRA, the tolerance was in
place at the time of the application, and the residue does not exceed
the level that was authorized by the tolerance. EPA will take action to
revoke these tolerances earlier if any experience with, scientific data
on, or other relevant information on this pesticide indicate that the
residues are not safe. EPA will publish a document in the Federal
Register to remove the revoked tolerances from the Code of Federal
Regulations (CFR).
Time-limited tolerances for the use of the following pesticide
chemicals on specific commodities are being extended:
Clothianidin. EPA has authorized under FIFRA section 18 the use of
clothianidin on citrus for control of the Asian citrus psyllid in
Florida and Texas. This regulation extends a time-limited tolerance for
residues of the insecticide clothianidin and its
[[Page 8702]]
metabolites and degradates in or on fruit, citrus, group 10-10 at 0.07
parts per million (ppm) for an additional 3-year period. This tolerance
will expire and is revoked on December 31, 2023. The time-limited
tolerance was originally published in the Federal Register of February
25, 2015 (80 FR 10003) (FRL-9919-59).
Methyl bromide. Pursuant to a request by the US Department of
Agriculture, Animal and Plant Health Inspection Service, EPA has
authorized under FIFRA section 18 the use of methyl bromide on certain
imported and domestic commodities, post-harvest for control of invasive
non-indigenous quarantine plant pests and to prevent the introduction
and/or spread of any new or recently introduced foreign pests to the
United States. This regulation extends time-limited tolerances for
residues of the pesticide methyl bromide, including its metabolites and
degradates, in or on the commodities identified in 40 CFR 180.124(b)
(and listed in the regulatory text section of this document) at the
levels listed for an additional 3-year period. The tolerances will
expire and are revoked on December 31, 2023. The time-limited
tolerances were originally published in the Federal Register of March
1, 2018 (83 FR 8758) (FRL-9971-19) and October 16, 2020 (85 FR 65729)
(FRL-10014-31).
In addition to extending these tolerances, EPA is making several
non-substantive revisions to 40 CFR 180.124(b). Entries for avocado,
banana, longan, lychee, pomegranate, rambutan, and Spanish lime are
deleted, because these commodities are included in Tropical and
subtropical fruits, inedible peel, group 24. This regulation also
revises certain commodity terms for consistency with current crop
groups and commodity vocabulary as follows: ``Tropical and subtropical
fruits, edible peel, group 23'' will now read ``Fruit, tropical and
subtropical, edible peel, group 23''; ``Tropical and subtropical
fruits, inedible peel, group 24'' will now read ``Fruit, tropical and
subtropical, inedible peel, group 24''; and ``Stalk, stem and leaf
petiole vegetables, group 22'' will now read ``Vegetables, stalk, stem
and leaf petiole, group 22''. None of the revisions discussed in this
paragraph change the amount of methyl bromide residues permitted on any
commodity.
Triclopyr. EPA has authorized under FIFRA section 18 the use of
triclopyr on sugarcane for control of divine nightshade (Solanum
nigresens) in Louisiana. This regulation extends a time-limited
tolerance for residues of the herbicide triclopyr and its metabolites
and degradates in or on sugarcane, cane at 40 ppm for an additional 3-
year period. The tolerance will expire and is revoked on December 31,
2023. A time-limited tolerance was originally published in the Federal
Register of June 8, 2017 (82 FR 26599) (FRL-9961-29).
The time-limited tolerances are being removed at 40 CFR 180.613(b)
for residues of the insecticide flonicamid and its metabolites in or on
prickly pear, fruit and pads at 1.5 ppm which expire on December 31,
2020. The applicant has not submitted a request for further use of
flonicamid on prickly pear. The time-limited tolerances were originally
published in the Federal Register of January 26, 2018 (83 FR 3610)
(FRL-9971-94).
III. International Residue Limits
In making its tolerance decisions, EPA seeks to harmonize U.S.
tolerances with international standards whenever possible, consistent
with U.S. food safety standards and agricultural practices. EPA
considers the international maximum residue limits (MRLs) established
by the Codex Alimentarius Commission (Codex), as required by FFDCA
section 408(b)(4). The Codex Alimentarius is a joint United Nations
Food and Agriculture Organization/World Health Organization food
standards program, and it is recognized as an international food safety
standards-setting organization in trade agreements to which the United
States is a party. EPA may establish a tolerance that is different from
a Codex MRL; however, FFDCA section 408(b)(4) requires that EPA explain
the reasons for departing from the Codex level. The Codex has not
established any MRLs for flonicamid, methyl bromide, or triclopyr on
the commodities listed in this document. The Codex has established MRLs
for clothianidin in or on citrus at 0.07 ppm, the same as the tolerance
established for fruit, citrus, group 10-10 in the United States.
Therefore, there are no harmonization issues.
IV. Statutory and Executive Order Reviews
This action establishes tolerances under FFDCA section 408(e) and
408(l)(6). 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). 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 under FFDCA
sections 408(e) and 408(l)(6), such as the tolerance 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).
V. Congressional Review Act
Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.),
EPA has submitted a report containing this rule
[[Page 8703]]
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: December 4, 2020.
Marietta Echeverria,
Acting Director, Registration Division, Office of Pesticide Programs.
Therefore, for the reasons stated in the preamble, EPA is amending
40 CFR chapter I as follows:
PART 180--TOLERANCES AND EXEMPTIONS FOR PESTICIDE CHEMICAL RESIDUES
IN FOOD
0
1. The authority citation for part 180 continues to read as follows:
Authority: 21 U.S.C. 321(q), 346a and 371.
0
2. In Sec. 180.124, revise paragraph (b) to read as follows:
Sec. 180.124 Methyl bromide; tolerances for residues.
* * * * *
(b) Section 18 emergency exemptions. Time-limited tolerances are
established for residues of the fumigant methyl bromide, including its
metabolites and degradates, in or on the specified agricultural
commodities in Table 2 to this paragraph (b). Compliance with the
tolerance levels specified in Table 2 to this paragraph (b) is to be
determined by measuring only methyl bromide, in or on the commodities,
resulting from use of the pesticide pursuant to Federal Insecticide,
Fungicide, Rodenticide Act (FIFRA) section 18 emergency exemptions. The
tolerances expire and are revoked on the dates specified in Table 2 to
this paragraph (b).
Table 2 to Paragraph (b)
------------------------------------------------------------------------
Expiration/
Commodity Parts per revocation
million date
------------------------------------------------------------------------
Berry and small fruit, group 13-07...... 5.0 12/31/23
Cactus.................................. 3.0 12/31/23
Coconut, copra.......................... 8.0 12/31/23
Coffee, green bean...................... 150 12/31/23
Cola, seed.............................. 150 12/31/23
Cucurbit, seed.......................... 150 12/31/23
Fig..................................... 10 12/31/23
Fruit, citrus, group 10-10.............. 2 12/31/23
Fruit, stone, group 12-12............... 5.0 12/31/23
Fruit, tropical and subtropical, edible 10 12/31/23
peel, group 23.........................
Fruit, tropical and subtropical, 5.0 12/31/23
inedible peel, group 24................
Herb and spice, group 19................ 35 12/31/23
Hibiscus, seed.......................... 150 12/31/23
Ivy gourd............................... 5.0 12/31/23
Kaffir lime, leaves..................... 0.50 12/31/23
Kenaf, seed............................. 150 12/31/23
Oilseed group 20........................ 150 12/31/23
Peppermint, tops........................ 35 12/31/23
Pointed gourd........................... 5.0 12/31/23
Spearmint, tops......................... 35 12/31/23
Vegetable, bulb, group 3-07............. 2.0 12/31/23
Vegetable, cucurbit, group 9............ 5.0 12/31/23
Vegetable, foliage of legume, group 7... 0.50 12/31/23
Vegetable, fruiting, group 8-10......... 7.0 12/31/23
Vegetable, head and stem Brassica, group 1.0 12/31/23
5-16...................................
Vegetable, leafy, group 4-16............ 0.50 12/31/23
Vegetable, leaves of root and tuber, 0.50 12/31/23
group 2................................
Vegetable, legume, group 6.............. 3.0 12/31/23
Vegetable, root and tuber, group 1...... 3.0 12/31/23
Vegetable, stalk, stem and leaf petiole, 0.50 12/31/23
group 22...............................
------------------------------------------------------------------------
* * * * *
0
3. In Sec. 180.417, revise the table in paragraph (b) to read as
follows:
Sec. 180.417 Triclopyr; tolerances for residues.
* * * * *
(b) * * *
Table 3 to Paragraph (b)
------------------------------------------------------------------------
Expiration/
Commodity Parts per revocation
million date
------------------------------------------------------------------------
Sugarcane, cane......................... 40 12/31/23
------------------------------------------------------------------------
[[Page 8704]]
* * * * *
0
4. In Sec. 180.586, revise the entry for ``Fruit, citrus, group 10-
10'' in the table in paragraph (b) to read as follows:
Sec. 180.586 Clothianidin; tolerances for residues.
* * * * *
(b) * * *
------------------------------------------------------------------------
Expiration/
Commodity Parts per revocation
million date
------------------------------------------------------------------------
Fruit, citrus, group 10-10.............. 0.07 12/31/23
* * * * * * *
------------------------------------------------------------------------
* * * * *
Sec. 180.613 [Amended]
0
5. In Sec. 180.613, remove and reserve paragraph (b).
[FR Doc. 2021-02512 Filed 2-8-21; 8:45 am]
BILLING CODE 6560-50-P