Flupyradifurone; Pesticide Tolerances for Emergency Exemptions, 21944-21948 [2021-08598]
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Federal Register / Vol. 86, No. 78 / Monday, April 26, 2021 / Rules and Regulations
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by June 25, 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 may
not be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart EE—New Hampshire
2. In § 52.1520(c), amend the table by
removing the entry ‘‘Env-A 400’’ and
adding the entry ‘‘Env-A 1600’’ in
numerical order to read as follows:
Dated: April 19, 2021.
Deborah Szaro,
Acting Regional Administrator, EPA Region
1.
■
Part 52 of chapter I, title 40 of the
Code of Federal Regulations is amended
as follows:
§ 52.1520
*
Identification of plan.
*
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(c) * * *
*
*
EPA-APPROVED NEW HAMPSHIRE REGULATIONS
State
effective date
State citation
Title/subject
*
Env-A 1600 .....
*
Fuel Specifications.
*
*
*
*
12/21/2018
*
*
*
EPA approval date
Explanations
*
April 26, 2021 [Insert Federal
Register citation].
*
*
*
Env–1600 replaces the previously approved Env–400 Sulfur
Content Limits in Fuels.
*
*
*
*
provided in 40 CFR part 178 (see also
Unit I.C. of the SUPPLEMENTARY
INFORMATION).
[FR Doc. 2021–08376 Filed 4–23–21; 8:45 am]
BILLING CODE 6560–50–P
The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2020–0478, 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, Acting Director,
Registration Division (7505P), Office of
Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania
Avenue NW, Washington, DC 20460–
0001; main telephone number: (703)
ADDRESSES:
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2020–0478; FRL–10020–49]
Flupyradifurone; Pesticide Tolerances
for Emergency Exemptions
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation establishes
time-limited tolerances for residues of
the insecticide flupyradifurone
including its degradates and metabolites
in or on sugarcane, cane and sugarcane,
molasses. This action is associated with
the utilization of a crisis exemption
under the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA)
authorizing use of the pesticide on
sugarcane. This regulation establishes a
maximum permissible level for residues
of flupyradifurone in or on these
commodities. The time-limited
tolerances expire on December 31, 2023.
DATES: This regulation is effective April
26, 2021. Objections and requests for
hearings must be received on or before
June 25, 2021 and must be filed in
accordance with the instructions
SUMMARY:
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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 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.
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C. How can I file an objection or hearing
request?
Under section 408(g) of the Federal
Food, Drug, and Cosmetic Act (FFDCA),
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–2020–0478 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 June
25, 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–
2020–0478, 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
dockets generally, is available at https://
www.epa.gov/dockets.
II. Background and Statutory Findings
EPA, on its own initiative, in
accordance with FFDCA sections 408(e)
and 408(l)(6) of, 21 U.S.C. 346a(e) and
346a(1)(6), is establishing time-limited
tolerances for residues of
flupyradifurone in or on sugarcane, cane
at 3 parts per million (ppm) and
sugarcane, molasses at 90 ppm. These
time-limited tolerances expire on
December 31, 2023.
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Section 408(l)(6) of 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 under FIFRA section 18. Such
tolerances can be established without
providing notice or period for public
comment. EPA does not intend for its
actions on FIFRA section 18 related
time-limited tolerances to set binding
precedents for the application of FFDCA
section 408 and the safety standard to
other tolerances and exemptions.
Section 408(e) of FFDCA allows EPA to
establish a tolerance or an exemption
from the requirement of a tolerance on
its own initiative, i.e., without having
received any petition from an outside
party.
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. . . .’’
Section 18 of FIFRA authorizes EPA
to exempt any Federal or State agency
from any provision of FIFRA, if EPA
determines that ‘‘emergency conditions
exist which require such exemption.’’
EPA has established regulations
governing such emergency exemptions
in 40 CFR part 166.
III. Emergency Exemption for
Flupyradifurone on Sugarcane, Cane
and Sugarcane, Molasses and FFDCA
Tolerances
The Louisiana Department of
Agriculture and Forestry (LDAF) asserts
that an emergency condition exists in
accordance with the criteria for
approval of an emergency exemption
and has utilized a crisis exemption
under FIFRA section 18 to allow the use
of flupyradifurone for control of
sugarcane aphid infestations in
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Louisiana sugarcane. According to
LDAF, the sugar industry is vital to
Louisiana’s economy and sugarcane
aphids which were once sporadic in the
state are now widespread as outbreaks
have become more frequent in recent
years. After having reviewed the crisis
exemption, EPA concurred on the 15day stand-alone emergency action,
which expired on August 5, 2020.
As part of its evaluation of the crisis
exemption, EPA assessed the potential
risks presented by residues of
flupyradifurone in or on sugarcane, cane
at 3 ppm and sugarcane, molasses at 90
ppm. In doing so, EPA considered the
safety standard in FFDCA section
408(b)(2), and EPA decided that the
necessary tolerance under FFDCA
section 408(l)(6) would be consistent
with the safety standard and with
FIFRA section 18. Consistent with the
need to move quickly on the emergency
exemption in order to address an urgent
non-routine situation and to ensure that
the resulting food is safe and lawful,
EPA is issuing this tolerance without
notice and opportunity for public
comment as provided in FFDCA section
408(l)(6). Although these time-limited
tolerances expire on December 31, 2023,
under FFDCA section 408(l)(5), residues
of the pesticide not in excess of the
amounts specified in the tolerance
remaining in or on sugarcane after that
date will not be unlawful, provided the
pesticide was applied in a manner that
was lawful under FIFRA, and the
residues do not exceed a level that was
authorized by these time-limited
tolerances at the time of that
application. EPA will take action to
revoke these time-limited tolerances
earlier if any experience with, scientific
data on, or other relevant information
on this pesticide indicate that the
residues are not safe.
Because these time-limited tolerances
are being approved under emergency
conditions, EPA has not made any
decisions about whether
flupyradifurone meets FIFRA’s
registration requirements for use on
sugarcane or whether permanent
tolerances for this use would be
appropriate. Under these circumstances,
EPA does not believe that this timelimited tolerance decision serves as a
basis for registration of flupyradifurone
by a State for special local needs under
FIFRA section 24(c). Nor does this
tolerance by itself serve as the authority
for persons in any State other than
Louisiana to use this pesticide on the
applicable crops under FIFRA section
18 absent the issuance of an emergency
exemption applicable within that State.
For additional information regarding the
emergency exemption for
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flupyradifurone, contact the Agency’s
Registration Division at the address
provided under FOR FURTHER
INFORMATION CONTACT.
IV. Aggregate Risk Assessment and
Determination of Safety
Section 408(b)(2)(A)(i) of the 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 the 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 the 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
therein, EPA has reviewed the available
scientific data and other relevant
information in support of this action.
EPA has sufficient data to assess the
hazards of and to make a determination
on aggregate exposure expected as a
result of this emergency exemption
request and the time-limited tolerances
for residues of flupyradifurone on
sugarcane, cane at 3 ppm and sugarcane,
molasses at 90 ppm.
On September 23, 2016 (81 FR 65552)
(FRL–9951–68) and August 21, 2020 (85
FR 51668–51672) (FRL–10010–98), EPA
published final rules that established
tolerances for residues of
flupyradifurone in or on multiple
commodities based on the Agency’s
determination that aggregate exposure to
flupyradifurone resulting from the
residues subject to those tolerances is
safe for the U.S. general population,
including infants and children. The
toxicity profile for flupyradifurone has
not changed since the September 23,
2016 (81 FR 65552) (FRL–9951–68) rule
was published, therefore EPA is relying
upon the discussion of that profile (Unit
III.A.) and the identified toxicological
endpoints (Unit III.A.) and the
identified toxicological endpoints (Unit
III B.), as part of this rulemaking.
EPA’s most recent exposure
assessment for flupyradifurone appears
in the comprehensive risk assessment
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dated June 30, 2020 and 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 Lettuce,
Fennel Florence, Kohlrabi; and Coffee,’’
as that assessment included dietary and
aggregate exposures to flupyradifurone
in or on multiple agricultural and nonagricultural commodities that are
complete except for exposures due to
the emergency use addressed in this
document.
For aggregate risk assessment, risk
estimates resulting from food, drinking
water, and residential uses are
combined. Acute, short-and
intermediate-term, and long-term
(chronic) aggregate assessments were
performed for flupyradifurone. Further
information about EPA’s risk assessment
and determination of safety supporting
the tolerances established in the August
21, 2020 final rule can be found at
https://www.regulations.gov 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
Lettuce, Fennel Florence, Kohlrabi; and
Coffee,’’ dated June 30, 2020 (docket ID
EPA–HQ–OPP–2019–0460).
EPA conducted unrefined and slightly
refined chronic dietary analyses for all
current uses of flupyradifurone together
with the emergency use in or on
sugarcane, cane and sugarcane,
molasses. The assessments incorporated
tolerance-level residues, average
residues (chronic), 2018 default or
empirical processing factors,
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conservative drinking water estimates,
and assumed that 100% of the proposed
crops were treated. The results of the
acute and chronic analyses do not
exceed the Agency’s level of concern
(LOC). That is, <100% of the acute
population adjusted dose (aPAD) or
<100% of the chronic population
adjusted dose (cPAD) are not of concern
for the general U.S. population and all
population subgroups. At the 95th
percentile of exposure, the acute dietary
(food and drinking water) risk estimates
utilized 24% of the aPAD for the general
U.S. general population and utilized
39% the aPAD for children 1 to 2 years
old, the most highly exposed population
subgroup. The chronic dietary (food and
drinking water) risk estimates utilized
29% of the cPAD for the U.S.
population and utilized 68% of the
cPAD for children 1 to 2 years old, the
group with the highest exposed
population subgroup.
The aggregate exposure assessment for
flupyradifurone is based on food and
drinking water as well as residential
uses. Neither intermediate- nor longterm (chronic) residential exposures are
expected, so only a short-term aggregate
assessment was conducted. Aggregate
short-term residential exposure to adults
and children (residential exposures to
handlers and post-application exposures
to adults and children) with the chronic
(background) dietary exposure yields
margins of exposure MOEs of 300 for
adults and 220 for children); neither is
of concern because EPA considers
MOEs of less than 100 to be of concern
for aggregate risk.
Therefore, based on the risk
assessments and information described
above, EPA concludes there is a
reasonable certainty that no harm will
result to the U.S. general population, or
to infants and children from aggregate
exposure to flupyradifurone residues.
More detailed information on the
subject action to establish time-limited
tolerances in or on sugarcane, cane and
sugarcane, molasses can be found at
https://www.regulations.gov in the
document entitled ‘‘Flupyradifurone:
Human Health Risk Assessment for
Section 18 Emergency Exemption
Request for Use on Sugarcane in
Louisiana.’’ This document can be
found in docket ID number EPA–HQ–
OPP–2020–0478.
V. Other Considerations
A. Analytical Enforcement Methodology
An adequate enforcement
methodology (Method RV–001–P10–03)
is available to enforce the tolerance
expression. This method uses highperformance liquid chromatography
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with tandem mass spectrometry [HPLC/
MS/MS) to quantitate residues of
flupyradifurone in various crops is
available for enforcement.
These methods may be requested
from: Chief, Analytical Chemistry
Branch, Environmental Science Center,
701 Mapes Road, 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.
There are no Codex and Canadian
MRLs established on sugarcane.
VI. Conclusion
Therefore, time-limited tolerances are
established for residues of
flupyradifurone in or on sugarcane, cane
at 3 ppm and sugarcane, molasses at 90
ppm. These tolerances expire on
December 31, 2023.
VII. Statutory and Executive Order
Reviews
This action establishes tolerances
under FFDCA sections 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
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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, 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 in accordance with
FFDCA sections 408(e) and 408(l)(6),
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, but does not directly regulate
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).
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VIII. 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: April 20, 2021.
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
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, amend paragraph (b)
by:
■ a. Revising the introductory text; and
■ b. Adding in alphabetical order to the
table the entries ‘‘Sugarcane, cane’’ and
‘‘Sugarcane, molasses’’.
The revision and additions read as
follows:
■
§ 180.679 Flupyradifurone; tolerances for
residues.
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(b) Section 18 emergency exemptions.
Time-limited tolerances are established
for residues of the insecticide
flupyradifurone, including its
metabolites and degradates in or on the
specified agricultural commodities
listed in table 2 to this paragraph (b),
resulting from use of the pesticide
pursuant to a Federal Insecticide,
Fungicide, and Rodenticide Act
(FFIFRA) section 18 emergency
exemption. Compliance with the
tolerance levels specified in table 2 to
this paragraph (b) is to be determined by
measuring only flupyradifurone, 4-[[(6chloro-3-pyridinyl)methyl](2,2difluoroethyl)amino]-2(5H)-furanone.
The tolerances expire on the date
specified in table 2 to this paragraph (b).
E:\FR\FM\26APR1.SGM
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Federal Register / Vol. 86, No. 78 / Monday, April 26, 2021 / Rules and Regulations
TABLE 2 TO PARAGRAPH (b)
Parts per
million
Commodity
*
*
*
*
*
Sugarcane, cane ......................................................................................................................................................
Sugarcane, molasses ..............................................................................................................................................
*
*
*
*
*
*
*
*
[FR Doc. 2021–08598 Filed 4–23–21; 8:45 am]
BILLING CODE 6560–50–P
GENERAL SERVICES
ADMINISTRATION
41 CFR Part 105–70
[FPMR Case 2021–101–1; Docket No. 2021–
0007; Sequence No. 1]
RIN 3090–AK43
Program Fraud Civil Remedies Act of
1986, Civil Monetary Penalties Inflation
Adjustment
Office of General Counsel,
General Services Administration.
ACTION: Final rule.
AGENCY:
In accordance with the
Federal Civil Penalties Inflation
Adjustment Act of 1990, as amended by
the Debt Collection Improvement Act of
1996 and further amended by the
Federal Civil Penalties Inflation
Adjustment Act Improvement Act of
2015, this final rule incorporates the
penalty inflation adjustments for the
civil monetary penalties set forth in the
United States Code, as codified in our
regulations.
DATES: Effective: May 26, 2021.
FOR FURTHER INFORMATION CONTACT: Mr.
Aaron Pound, Assistant General
Counsel, General Law Division (LG),
General Services Administration, 1800 F
Street NW, Washington, DC 20405.
Telephone Number 202–501–1460.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. The Debt Collection Improvement Act
of 1996
To maintain the remedial impact of
civil monetary penalties (CMPs) and to
promote compliance with the law, the
Federal Civil Penalties Inflation
Adjustment Act of 1990 (Pub. L. 101–
410) was amended by the Debt
Collection Improvement Act of 1996
(Pub. L. 104–134) to require Federal
agencies to regularly adjust certain
CMPs for inflation and further amended
by the Federal Civil Penalties Inflation
VerDate Sep<11>2014
16:01 Apr 23, 2021
Jkt 253001
*
*
Adjustment Act Improvement Act of
2015 (Sec. 701 of Pub. L. 114–74). As
amended, the law requires each agency
to make an initial inflationary
adjustment for all applicable CMPs, and
to make further adjustments at least
once every year thereafter for these
penalty amounts. The Debt Collection
Improvement Act of 1996 further
stipulates that any resulting increases in
a CMP due to the calculated inflation
adjustments shall apply only to
violations which occur after the date the
increase takes effect, i.e., thirty (30) days
after date of publication in the Federal
Register. Pursuant to the 2015 Act,
agencies are required to adjust the level
of the CMP with an initial ‘‘catch up’’,
and make subsequent annual
adjustments for inflation. Catch up
adjustments are based on the percent
change between the Consumer Price
Index for Urban Consumers (CPI–U) for
the month of October for the year of the
previous adjustment, and the October
2015 CPI–U. Annual inflation
adjustments will be based on the
percent change between the October
CPI–U preceding the date of adjustment
and the prior year’s October CPI–U.
II. The Program Fraud Civil Remedies
Act of 1986
In 1986, sections 6103 and 6104 of the
Omnibus Budget Reconciliation Act of
1986 (Pub. L. 99–501) set forth the
Program Fraud Civil Remedies Act of
1986 (PFCRA). Specifically, this statute
imposes a CMP and an assessment
against any person who, with
knowledge or reason to know, makes,
submits, or presents a false, fictitious, or
fraudulent claim or statement to the
Government. The General Services
Administration’s regulations, published
in the Federal Register (61 FR 246,
December 20, 1996) and codified at 41
CFR part 105–70, set forth a CMP of up
to $10,781 for each false claim or
statement made to the agency. Based on
the penalty amount inflation factor
calculation, derived from originally
dividing the June 2015 CPI by the June
1996 CPI and making the CPI-based
annual adjustment thereafter, after
rounding we are adjusting the maximum
PO 00000
Frm 00032
Fmt 4700
Sfmt 4700
Expiration
date
*
3
90
*
*
12/31/2023
12/31/2023
*
penalty amount for this CMP to $11,001
per violation.
III. Waiver of Proposed Rulemaking
In developing this final rule, we are
waiving the usual notice of proposed
rulemaking and public comment
procedures set forth in the
Administrative Procedure Act, 5 U.S.C.
553 (APA). The APA provides an
exception to the notice and comment
procedures when an agency finds there
is good cause for dispensing with such
procedures on the basis that they are
impracticable, unnecessary, or contrary
to the public interest. We have
determined that under 5 U.S.C.
553(b)(3)(B) good cause exists for
dispensing with the notice of proposed
rulemaking and public comment
procedures for this rule. Specifically,
this rulemaking comports and is
consistent with the statutory authority
set forth in the Debt Collection
Improvement Act of 1996, with no
issues of policy discretion. Accordingly,
we believe that opportunity for prior
comment is unnecessary and contrary to
the public interest, and we are issuing
these revised regulations as a final rule
that will apply to all future cases under
this authority.
IV. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and
13563 direct agencies to assess all costs
and benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). E.O. 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This is a not significant
regulatory action and, therefore, was not
subject to review under Section 6(b) of
E.O. 12866, Regulatory Planning and
Review, dated September 30, 1993. This
rule is not a major rule under 5 U.S.C.
804.
The Office of Management and Budget
(OMB) has reviewed this final rule in
E:\FR\FM\26APR1.SGM
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]]>Agencies
[Federal Register Volume 86, Number 78 (Monday, April 26, 2021)]
[Rules and Regulations]
[Pages 21944-21948]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-08598]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[EPA-HQ-OPP-2020-0478; FRL-10020-49]
Flupyradifurone; Pesticide Tolerances for Emergency Exemptions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This regulation establishes time-limited tolerances for
residues of the insecticide flupyradifurone including its degradates
and metabolites in or on sugarcane, cane and sugarcane, molasses. This
action is associated with the utilization of a crisis exemption under
the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
authorizing use of the pesticide on sugarcane. This regulation
establishes a maximum permissible level for residues of flupyradifurone
in or on these commodities. The time-limited tolerances expire on
December 31, 2023.
DATES: This regulation is effective April 26, 2021. Objections and
requests for hearings must be received on or before June 25, 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 docket for this action, identified by docket
identification (ID) number EPA-HQ-OPP-2020-0478, 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, Acting Director,
Registration Division (7505P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Avenue 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.
[[Page 21945]]
C. How can I file an objection or hearing request?
Under section 408(g) of the Federal Food, Drug, and Cosmetic Act
(FFDCA), 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-
2020-0478 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 June 25, 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-2020-0478, 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 dockets generally, is available at https://www.epa.gov/dockets.
II. Background and Statutory Findings
EPA, on its own initiative, in accordance with FFDCA sections
408(e) and 408(l)(6) of, 21 U.S.C. 346a(e) and 346a(1)(6), is
establishing time-limited tolerances for residues of flupyradifurone in
or on sugarcane, cane at 3 parts per million (ppm) and sugarcane,
molasses at 90 ppm. These time-limited tolerances expire on December
31, 2023.
Section 408(l)(6) of 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 under FIFRA
section 18. Such tolerances can be established without providing notice
or period for public comment. EPA does not intend for its actions on
FIFRA section 18 related time-limited tolerances to set binding
precedents for the application of FFDCA section 408 and the safety
standard to other tolerances and exemptions. Section 408(e) of FFDCA
allows EPA to establish a tolerance or an exemption from the
requirement of a tolerance on its own initiative, i.e., without having
received any petition from an outside party.
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. . .
.''
Section 18 of FIFRA authorizes EPA to exempt any Federal or State
agency from any provision of FIFRA, if EPA determines that ``emergency
conditions exist which require such exemption.'' EPA has established
regulations governing such emergency exemptions in 40 CFR part 166.
III. Emergency Exemption for Flupyradifurone on Sugarcane, Cane and
Sugarcane, Molasses and FFDCA Tolerances
The Louisiana Department of Agriculture and Forestry (LDAF) asserts
that an emergency condition exists in accordance with the criteria for
approval of an emergency exemption and has utilized a crisis exemption
under FIFRA section 18 to allow the use of flupyradifurone for control
of sugarcane aphid infestations in Louisiana sugarcane. According to
LDAF, the sugar industry is vital to Louisiana's economy and sugarcane
aphids which were once sporadic in the state are now widespread as
outbreaks have become more frequent in recent years. After having
reviewed the crisis exemption, EPA concurred on the 15-day stand-alone
emergency action, which expired on August 5, 2020.
As part of its evaluation of the crisis exemption, EPA assessed the
potential risks presented by residues of flupyradifurone in or on
sugarcane, cane at 3 ppm and sugarcane, molasses at 90 ppm. In doing
so, EPA considered the safety standard in FFDCA section 408(b)(2), and
EPA decided that the necessary tolerance under FFDCA section 408(l)(6)
would be consistent with the safety standard and with FIFRA section 18.
Consistent with the need to move quickly on the emergency exemption in
order to address an urgent non-routine situation and to ensure that the
resulting food is safe and lawful, EPA is issuing this tolerance
without notice and opportunity for public comment as provided in FFDCA
section 408(l)(6). Although these time-limited tolerances expire on
December 31, 2023, under FFDCA section 408(l)(5), residues of the
pesticide not in excess of the amounts specified in the tolerance
remaining in or on sugarcane after that date will not be unlawful,
provided the pesticide was applied in a manner that was lawful under
FIFRA, and the residues do not exceed a level that was authorized by
these time-limited tolerances at the time of that application. EPA will
take action to revoke these time-limited tolerances earlier if any
experience with, scientific data on, or other relevant information on
this pesticide indicate that the residues are not safe.
Because these time-limited tolerances are being approved under
emergency conditions, EPA has not made any decisions about whether
flupyradifurone meets FIFRA's registration requirements for use on
sugarcane or whether permanent tolerances for this use would be
appropriate. Under these circumstances, EPA does not believe that this
time-limited tolerance decision serves as a basis for registration of
flupyradifurone by a State for special local needs under FIFRA section
24(c). Nor does this tolerance by itself serve as the authority for
persons in any State other than Louisiana to use this pesticide on the
applicable crops under FIFRA section 18 absent the issuance of an
emergency exemption applicable within that State. For additional
information regarding the emergency exemption for
[[Page 21946]]
flupyradifurone, contact the Agency's Registration Division at the
address provided under FOR FURTHER INFORMATION CONTACT.
IV. Aggregate Risk Assessment and Determination of Safety
Section 408(b)(2)(A)(i) of the 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 the 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 the 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 therein, EPA has reviewed the available scientific data and
other relevant information in support of this action. EPA has
sufficient data to assess the hazards of and to make a determination on
aggregate exposure expected as a result of this emergency exemption
request and the time-limited tolerances for residues of flupyradifurone
on sugarcane, cane at 3 ppm and sugarcane, molasses at 90 ppm.
On September 23, 2016 (81 FR 65552) (FRL-9951-68) and August 21,
2020 (85 FR 51668-51672) (FRL-10010-98), EPA published final rules that
established tolerances for residues of flupyradifurone in or on
multiple commodities based on the Agency's determination that aggregate
exposure to flupyradifurone resulting from the residues subject to
those tolerances is safe for the U.S. general population, including
infants and children. The toxicity profile for flupyradifurone has not
changed since the September 23, 2016 (81 FR 65552) (FRL-9951-68) rule
was published, therefore EPA is relying upon the discussion of that
profile (Unit III.A.) and the identified toxicological endpoints (Unit
III.A.) and the identified toxicological endpoints (Unit III B.), as
part of this rulemaking.
EPA's most recent exposure assessment for flupyradifurone appears
in the comprehensive risk assessment dated June 30, 2020 and 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 Lettuce, Fennel Florence, Kohlrabi; and
Coffee,'' as that assessment included dietary and aggregate exposures
to flupyradifurone in or on multiple agricultural and non-agricultural
commodities that are complete except for exposures due to the emergency
use addressed in this document.
For aggregate risk assessment, risk estimates resulting from food,
drinking water, and residential uses are combined. Acute, short-and
intermediate-term, and long-term (chronic) aggregate assessments were
performed for flupyradifurone. Further information about EPA's risk
assessment and determination of safety supporting the tolerances
established in the August 21, 2020 final rule can be found at https://www.regulations.gov 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 Lettuce,
Fennel Florence, Kohlrabi; and Coffee,'' dated June 30, 2020 (docket ID
EPA-HQ-OPP-2019-0460).
EPA conducted unrefined and slightly refined chronic dietary
analyses for all current uses of flupyradifurone together with the
emergency use in or on sugarcane, cane and sugarcane, molasses. The
assessments incorporated tolerance-level residues, average residues
(chronic), 2018 default or empirical processing factors, conservative
drinking water estimates, and assumed that 100% of the proposed crops
were treated. The results of the acute and chronic analyses do not
exceed the Agency's level of concern (LOC). That is, <100% of the acute
population adjusted dose (aPAD) or <100% of the chronic population
adjusted dose (cPAD) are not of concern for the general U.S. population
and all population subgroups. At the 95th percentile of exposure, the
acute dietary (food and drinking water) risk estimates utilized 24% of
the aPAD for the general U.S. general population and utilized 39% the
aPAD for children 1 to 2 years old, the most highly exposed population
subgroup. The chronic dietary (food and drinking water) risk estimates
utilized 29% of the cPAD for the U.S. population and utilized 68% of
the cPAD for children 1 to 2 years old, the group with the highest
exposed population subgroup.
The aggregate exposure assessment for flupyradifurone is based on
food and drinking water as well as residential uses. Neither
intermediate- nor long-term (chronic) residential exposures are
expected, so only a short-term aggregate assessment was conducted.
Aggregate short-term residential exposure to adults and children
(residential exposures to handlers and post-application exposures to
adults and children) with the chronic (background) dietary exposure
yields margins of exposure MOEs of 300 for adults and 220 for
children); neither is of concern because EPA considers MOEs of less
than 100 to be of concern for aggregate risk.
Therefore, based on the risk assessments and information described
above, EPA concludes there is a reasonable certainty that no harm will
result to the U.S. general population, or to infants and children from
aggregate exposure to flupyradifurone residues. More detailed
information on the subject action to establish time-limited tolerances
in or on sugarcane, cane and sugarcane, molasses can be found at https://www.regulations.gov in the document entitled ``Flupyradifurone: Human
Health Risk Assessment for Section 18 Emergency Exemption Request for
Use on Sugarcane in Louisiana.'' This document can be found in docket
ID number EPA-HQ-OPP-2020-0478.
V. Other Considerations
A. Analytical Enforcement Methodology
An adequate enforcement methodology (Method RV-001-P10-03) is
available to enforce the tolerance expression. This method uses high-
performance liquid chromatography
[[Page 21947]]
with tandem mass spectrometry [HPLC/MS/MS) to quantitate residues of
flupyradifurone in various crops is available for enforcement.
These methods may be requested from: Chief, Analytical Chemistry
Branch, Environmental Science Center, 701 Mapes Road, 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.
There are no Codex and Canadian MRLs established on sugarcane.
VI. Conclusion
Therefore, time-limited tolerances are established for residues of
flupyradifurone in or on sugarcane, cane at 3 ppm and sugarcane,
molasses at 90 ppm. These tolerances expire on December 31, 2023.
VII. Statutory and Executive Order Reviews
This action establishes tolerances under FFDCA sections 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), 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,
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 in accordance
with FFDCA sections 408(e) and 408(l)(6), 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, but does not directly regulate 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).
VIII. 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: April 20, 2021.
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. 180.679, amend paragraph (b) by:
0
a. Revising the introductory text; and
0
b. Adding in alphabetical order to the table the entries ``Sugarcane,
cane'' and ``Sugarcane, molasses''.
The revision and additions read as follows:
Sec. 180.679 Flupyradifurone; tolerances for residues.
* * * * *
(b) Section 18 emergency exemptions. Time-limited tolerances are
established for residues of the insecticide flupyradifurone, including
its metabolites and degradates in or on the specified agricultural
commodities listed in table 2 to this paragraph (b), resulting from use
of the pesticide pursuant to a Federal Insecticide, Fungicide, and
Rodenticide Act (FFIFRA) section 18 emergency exemption. Compliance
with the tolerance levels specified in table 2 to this paragraph (b) is
to be determined by measuring only flupyradifurone, 4-[[(6-chloro-3-
pyridinyl)methyl](2,2-difluoroethyl)amino]-2(5H)-furanone. The
tolerances expire on the date specified in table 2 to this paragraph
(b).
[[Page 21948]]
Table 2 to Paragraph (b)
------------------------------------------------------------------------
Parts per Expiration
Commodity million date
------------------------------------------------------------------------
* * * * * * *
Sugarcane, cane......................... 3 12/31/2023
Sugarcane, molasses..................... 90 12/31/2023
* * * * * * *
------------------------------------------------------------------------
* * * * *
[FR Doc. 2021-08598 Filed 4-23-21; 8:45 am]
BILLING CODE 6560-50-P
