Indaziflam; Pesticide Tolerance, 47778-47782 [2023-15646]
Download as PDF
<![CDATA[
ddrumheller on DSK120RN23PROD with RULES1
47778
Federal Register / Vol. 88, No. 141 / Tuesday, July 25, 2023 / Rules and Regulations
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 on the basis of a petition
under FFDCA section 408(d), such as
the exemptions 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).
VerDate Sep<11>2014
16:37 Jul 24, 2023
Jkt 259001
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).
CropScience has requested these
tolerances under the Federal Food,
Drug, and Cosmetic Act (FFDCA).
DATES: This regulation is effective July
25, 2023. Objections and requests for
hearings must be received on or before
September 25, 2023, and must be filed
in accordance with the instructions
provided in 40 CFR part 178 (see also
Unit I.C. of the SUPPLEMENTARY
INFORMATION).
List of Subjects in 40 CFR Part 180
Environmental protection,
Administrative practice and procedure,
Agricultural commodities, Pesticides
and pests, Reporting and recordkeeping
requirements.
ADDRESSES:
Dated: July 19, 2023.
Charles Smith,
Director, Registration Division, Office of
Pesticide Programs.
Therefore, for the reasons stated in the
preamble, the EPA amends 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. Amend § 180.1130 by adding
paragraph (c) to read as follows:
■
§ 180.1130 N-(n-Octyl)-2-pyrrolidone and
N-(n-dodecyl)-2-pyrrolidone; exemptions
from the requirement of a tolerance.
*
*
*
*
*
(c) N-(n-Octyl)-2-pyrrolidone is
exempt from the requirement of a
tolerance when used as a solvent in
formulations containing
prothioconazole as an active ingredient
at a concentration not to exceed 15% by
weight.
[FR Doc. 2023–15679 Filed 7–24–23; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2022–0479; FRL–11131–01–
OCSPP]
Indaziflam; Pesticide Tolerance
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation establishes
tolerances for residues of indaziflam in
or on multiple commodities discussed
later in this document. Bayer
SUMMARY:
PO 00000
Frm 00038
Fmt 4700
Sfmt 4700
The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2022–0479, 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 and the OPP
Docket is (202) 566–1744. For the latest
status information on EPA/DC services,
docket access, visit https://
www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
Charles Smith, Director, Registration
Division (7505T), Office of Pesticide
Programs, Environmental Protection
Agency, 1200 Pennsylvania Ave. NW,
Washington, DC 20460–0001; main
telephone number: (202) 566–1030;
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 Office of the Federal Register’s e-
E:\FR\FM\25JYR1.SGM
25JYR1
Federal Register / Vol. 88, No. 141 / Tuesday, July 25, 2023 / Rules and Regulations
CFR site at https://www.ecfr.gov/
current/title-40.
ddrumheller on DSK120RN23PROD with RULES1
C. How can I file an objection or hearing
request?
Under FFDCA section 408(g), 21
U.S.C. 346a(g), 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–2022–0479 in the subject line on
the first page of your submission. All
objections and requests for a hearing
must be in writing and must be received
by the Hearing Clerk on or before
September 25, 2023. 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–
2022–0479, by one of the following
methods:
• Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
online instructions for submitting
comments. Do not submit electronically
any information you consider to be CBI
or other information whose disclosure is
restricted by statute.
• Mail: OPP Docket, Environmental
Protection Agency Docket Center (EPA/
DC), (28221T), 1200 Pennsylvania Ave.
NW, Washington, DC 20460–0001.
• Hand Delivery: To make special
arrangements for hand delivery or
delivery of boxed information, please
follow the instructions at https://
www.epa.gov/dockets/where-sendcomments-epa-dockets.
Additional instructions on
commenting or visiting the docket,
along with more information about
dockets generally, is available at https://
www.epa.gov/dockets.
II. Summary of Petitioned-For
Tolerance
In the Federal Register of July 20,
2022 (87 FR 43231) (FRL–9410–03–
OCSPP), EPA issued a document
pursuant to FFDCA section 408(d)(3), 21
U.S.C. 346a(d)(3), announcing the filing
of a pesticide petition (PP 2F9002) from
VerDate Sep<11>2014
16:37 Jul 24, 2023
Jkt 259001
Bayer CropScience, 800 N Lindbergh
Blvd., St. Louis, MO 63141. The petition
requested that 40 CFR 180.653 be
amended by revising tolerances for
residues of indaziflam N-[(1R,2S)-2,3dihydro-2,6-dimethyl-1H-inden-1-yl]-6(1-fluoroethyl)-1,3,5-triazine-2,4diamine, including its metabolites and
degradates, in or on the following raw
agricultural commodities: Grass Forage,
Fodder, and Hay Group 17, forage at 50
parts per million (ppm); Grass Forage,
Fodder, and Hay Group 17, hay at 80
ppm; and livestock fat, meat, meat
byproducts, milk and milk, fat at 0.1,
0.01, 0.3, 0.015, and 0.4 ppm
respectively. (The notice of filing
published on July 20, 2022, incorrectly
identified the tolerance levels for meat
byproducts as 0.30 ppm and for milk, fat
as 0.04 ppm, rather than 0.3 ppm and
0.4 ppm as the petition requested.) That
document referenced a summary of the
petition, which is available in the
docket, https://www.regulations.gov. No
comments were received in response to
the July 20, 2022, notice of filing.
EPA is establishing one tolerance at a
different level than requested by the
petitioner. The reason for this change is
explained in Unit IV.C. In addition, EPA
is not revising the established tolerances
for meat (i.e., Cattle, meat; Goat, meat;
Horse, meat; and Sheep, meat) because
the revised anticipated residues remain
lower than the current tolerance level
(0.01 ppm).
III. Aggregate Risk Assessment and
Determination of Safety
Section 408(b)(2)(A)(i) of FFDCA
allows EPA to establish a tolerance (the
legal limit for a pesticide chemical
residue in or on a food) only if EPA
determines that the tolerance is ‘‘safe.’’
Section 408(b)(2)(A)(ii) of FFDCA
defines ‘‘safe’’ to mean that ‘‘there is a
reasonable certainty that no harm will
result from aggregate exposure to the
pesticide chemical residue, including
all anticipated dietary exposures and all
other exposures for which there is
reliable information.’’ This includes
exposure through drinking water and in
residential settings but does not include
occupational exposure. Section
408(b)(2)(C) of FFDCA requires EPA to
give special consideration to exposure
of infants and children to the pesticide
chemical residue in establishing a
tolerance and to ‘‘ensure that there is a
reasonable certainty that no harm will
result to infants and children from
aggregate exposure to the pesticide
chemical residue. . . .’’
Consistent with FFDCA section
408(b)(2)(D), and the factors specified
therein, EPA has reviewed the available
scientific data and other relevant
PO 00000
Frm 00039
Fmt 4700
Sfmt 4700
47779
information in support of this action.
EPA has sufficient data to assess the
hazards of and to make a determination
on aggregate exposure for indaziflam
including exposure resulting from the
tolerances established by this action.
EPA’s assessment of exposures and risks
associated with indaziflam follows.
In an effort to streamline its
publications in the Federal Register,
EPA is not reprinting sections that
repeat what has been previously
published for tolerance rulemakings for
the same pesticide chemical. Where
scientific information concerning a
particular chemical remains unchanged,
the content of those sections would not
vary between tolerance rulemakings,
and EPA considers referral back to those
sections as sufficient to provide an
explanation of the information EPA
considered in making its safety
determination for the new rulemaking.
EPA has previously published
tolerance rulemakings for indaziflam in
which EPA concluded, based on the
available information, that there is a
reasonable certainty that no harm would
result from aggregate exposure to
indaziflam and established tolerances
for residues of that chemical. EPA is
incorporating previously published
sections from these rulemakings as
described further in this rulemaking, as
they remain unchanged.
Toxicological profile. For a discussion
of the Toxicological Profile of
indaziflam, see Unit III.A. of the
indaziflam tolerance rulemaking
published in the Federal Register of
October 10, 2019 (84 FR 54510) (FRL–
9999–70).
Toxicological points of departure/
Levels of concern. For a summary of the
Toxicological Points of Departure/
Levels of Concern for indaziflam used
for human health risk assessment,
please reference Unit III.B. of the
October 10, 2019, rulemaking.
Exposure assessment. EPA’s dietary
exposure assessments have been
updated to include the additional
exposure from the proposed removal of
the grass forage grazing restriction and
the grass hay cutting restriction from
certain indaziflam product labels,
resulting in increased associated
residues on animal commodities. The
acute and chronic (food and drinking
water) dietary exposure assessments in
support of the proposed label
amendments were conducted using the
Dietary Exposure Evaluation Model
software with the Food Commodity
Intake Database (DEEM–FCID) Version
4.02. This software uses 2005–2010 food
consumption data from the United
States Department of Agriculture’s
(USDA’s) National Health and Nutrition
E:\FR\FM\25JYR1.SGM
25JYR1
ddrumheller on DSK120RN23PROD with RULES1
47780
Federal Register / Vol. 88, No. 141 / Tuesday, July 25, 2023 / Rules and Regulations
Examination Survey, What We Eat in
America (NHANES/WWEIA). The
unrefined acute and chronic dietary
exposure assessments assumed 100
percent crop treated (PCT), tolerancelevel residues for all crops, and
maximum anticipated residues to
address all residues of concern in
ruminant commodities.
Drinking water and non-occupational
exposures. The drinking water numbers
have not changed as a result of the
proposed removal of the grass forage
grazing restriction and the grass hay
cutting restriction. For a detailed
summary of the drinking water analysis
for indaziflam used for the human
health risk assessment, please reference
Unit III.C.2. of the October 10, 2019,
rulemaking.
Indaziflam is currently registered for
the following uses that could result in
residential exposures: turf, gardens, and
trees. While there are no proposed
residential uses in the current action,
EPA’s residential (non-occupational)
exposure and risk assessment has been
revised since the October 10, 2019,
rulemaking. The following exposure
estimates are used in the aggregate
assessment for indaziflam because they
are the most conservative of the
residential handler and post-application
scenarios. The residential exposure for
children 1 to <2 years old is combined
dermal and incidental oral (hand-tomouth) exposure to turf (i.e.,
recreational premises/areas)
applications via high contact lawn
activities. The residential exposure for
children 6 to <11 years old is dermal
exposure to turf applications via golfing
activities and for adults is combined
dermal and inhalation exposure from
handling indaziflam via ready-to-use
(RTU) trigger spray bottle applications.
None of the residential exposures are of
concern.
Cumulative exposure. Section
408(b)(2)(D)(v) of FFDCA requires that,
when considering whether to establish,
modify, or revoke a tolerance, the
Agency consider ‘‘available
information’’ concerning the cumulative
effects of a particular pesticide’s
residues and ‘‘other substances that
have a common mechanism of toxicity.’’
Unlike other pesticides for which EPA
has followed a cumulative risk approach
based on a common mechanism of
toxicity, EPA has not made a common
mechanism of toxicity finding as to
indaziflam and any other substances
and indaziflam does not appear to
produce a toxic metabolite produced by
other substances. For the purposes of
this action, therefore, EPA has not
assumed that indaziflam has a common
VerDate Sep<11>2014
16:37 Jul 24, 2023
Jkt 259001
mechanism of toxicity with other
substances.
Safety factor for infants and children.
EPA continues to conclude that there
are reliable data to support the
reduction of the Food Quality Protection
Act (FQPA) safety factor from 10X to
1X. See Unit III.D. of the October 10,
2019, rulemaking for a discussion of the
Agency’s rationale for that
determination.
Aggregate risks and determination of
safety. EPA determines whether acute
and chronic dietary pesticide exposures
are safe by comparing dietary exposure
estimates to the acute populationadjusted dose (aPAD) and chronic
population-adjusted dose (cPAD). Short-,
intermediate-, and chronic-term
aggregate risks are evaluated by
comparing the estimated total food,
water, and residential exposure to the
appropriate points of departure to
ensure that an adequate margin of
exposure (MOE) exists.
Acute dietary (food and drinking
water) risks are below the Agency’s
level of concern of 100% of the aPAD;
they are 21% for all infants (<1 year
old), the subgroup with the highest
exposure. Chronic dietary (food and
drinking water) risks are below the
Agency’s level of concern of 100% of
the cPAD; they are 15% of the cPAD for
the children 1 to 2 years old, the group
with the highest exposure.
EPA aggregated short-term exposure
to indaziflam based on the residential
and dietary routes of exposure. The
short-term aggregate MOEs were 360 for
adults; 5,100 for children 6 to <11 years
old; and 540 for children 1 to <2 years
old. These values do not exceed the
level of concern, which is an MOE
below 100, so the risk estimates are not
of concern. Acute and chronic aggregate
risks are equivalent to the acute and
chronic dietary risks and are not of
concern. Indaziflam is not registered for
any use patterns that would result in
intermediate-term residential exposure,
so intermediate-term aggregate risk is
the same as the chronic dietary risk and
is not of concern.
Based on the lack of evidence of
carcinogenicity or genotoxicity,
indaziflam is classified as ‘‘not likely to
be carcinogenic to humans’’. Therefore,
EPA does not expect indaziflam to pose
a cancer risk from aggregate exposure.
Therefore, based on the risk
assessments and information described
above, EPA concludes there is a
reasonable certainty that no harm will
result to the general population, or to
infants and children, from aggregate
exposure to indaziflam residues. More
detailed information on this action can
be found in the document titled
PO 00000
Frm 00040
Fmt 4700
Sfmt 4700
‘‘Indaziflam. Human Health Risk
Assessment for the Removal of Forage
Grazing and Hay Cutting Intervals for
Pastures, Rangeland, Natural Areas, and
Grazed Non-Crop Areas, and the
Increased Application Rate to Rights-ofWay’’ in docket ID EPA–HQ–OPP–
2022–0479.
IV. Other Considerations
A. Analytical Enforcement Methodology
For a discussion of the available
analytical enforcement method, see Unit
IV.A. of the indaziflam tolerance
rulemaking published in the Federal
Register of June 24, 2020 (85 FR 37760)
(FRL–10008–92).
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).
Codex Alimentarius has not
established any Maximum Residue
Limits (MRLs) for indaziflam.
C. Revisions to Petitioned-For
Tolerances
EPA is amending the tolerance for
residues of indaziflam in or on Grass,
forage, fodder and hay, group 17, forage
to 40 ppm rather than at 50 ppm as
proposed by the petitioner. Both EPA
and the petitioner entered the
proportioned grass forage residue data
into the Organization for Economic
Development and Cooperation (OECD)
tolerance calculator. The difference
between the proposed and
recommended tolerance values is likely
due to a difference in rounding.
V. Conclusion
Therefore, the established tolerances
for residues of indaziflam in or on the
following commodities are revised to
these levels: Cattle, fat at 0.1 ppm;
Cattle, meat byproducts at 0.3 ppm;
Goat, fat at 0.1 ppm; Goat, meat
byproducts at 0.3 ppm; Grass, forage,
fodder and hay, group 17, forage at 40
ppm; Grass, forage, fodder and hay,
group 17, hay at 80 ppm; Horse, fat at
0.1 ppm; Horse, meat byproducts at 0.3
ppm; Milk at 0.015 ppm; Milk, fat at 0.4
ppm; Sheep, fat at 0.1 ppm; and Sheep,
meat byproducts at 0.3 ppm.
VI. Statutory and Executive Order
Reviews
This action establishes tolerances
under FFDCA section 408(d) in
E:\FR\FM\25JYR1.SGM
25JYR1
47781
Federal Register / Vol. 88, No. 141 / Tuesday, July 25, 2023 / Rules and Regulations
response to a petition submitted to the
Agency. The Office of Management and
Budget (OMB) has exempted these types
of actions from review under Executive
Order 12866, entitled ‘‘Regulatory
Planning and Review’’ (58 FR 51735,
October 4, 1993). Because this action
has been exempted from review under
Executive Order 12866, this action is
not subject to Executive Order 13211,
entitled ‘‘Actions Concerning
Regulations That Significantly Affect
Energy Supply, Distribution, or Use’’ (66
FR 28355, May 22, 2001), or to
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 on the basis of a petition
under FFDCA section 408(d), such as
the tolerances in this final rule, do not
require the issuance of a proposed rule,
the requirements of the Regulatory
Flexibility Act (RFA) (5 U.S.C. 601 et
seq.), do not apply.
This action directly regulates growers,
food processors, food handlers, and food
retailers, not States or Tribes, nor does
this action alter the relationships or
distribution of power and
responsibilities established by Congress
in the preemption provisions of FFDCA
section 408(n)(4). As such, the Agency
has determined that this action will not
have a substantial direct effect on States
or Tribal Governments, on the
relationship between the National
Government and the States or Tribal
Governments, or on the distribution of
power and responsibilities among the
various levels of government or between
the Federal Government and Indian
Tribes. Thus, the Agency has
determined that Executive Order 13132,
entitled ‘‘Federalism’’ (64 FR 43255,
August 10, 1999), and Executive Order
13175, entitled ‘‘Consultation and
Coordination with Indian Tribal
Governments’’ (65 FR 67249, November
9, 2000), do not apply to this action. In
addition, this action does not impose
any enforceable duty or contain any
unfunded mandate as described under
Title II of the Unfunded Mandates
Reform Act (UMRA) (2 U.S.C. 1501 et
seq.).
This action does not involve any
technical standards that would require
Agency consideration of voluntary
consensus standards pursuant to section
12(d) of the National Technology
Transfer and Advancement Act
(NTTAA) (15 U.S.C. 272 note).
VII. Congressional Review Act
Pursuant to the Congressional Review
Act (5 U.S.C. 801 et seq.), EPA will
submit a report containing this rule and
other required information to the U.S.
Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
Register. This action is not a ‘‘major
rule’’ as defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 180
Environmental protection,
Administrative practice and procedure,
Agricultural commodities, Pesticides
and pests, Reporting and recordkeeping
requirements.
Dated: July 17, 2023.
Charles Smith,
Director, Registration Division, Office of
Pesticide Programs.
Therefore, for the reasons stated in the
preamble, EPA is amending 40 CFR
chapter 1 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 § 180.653:
a. Amend table 1 to paragraph (a)(1)
by revising the entries for ‘‘Grass, forage,
fodder and hay, group 17, forage’’ and
‘‘Grass, forage, fodder and hay, group
17, hay’’.
■ b. Revise table 2 to paragraph (a)(2).
The revisions read as follows:
■
■
§ 180.653 Indaziflam; tolerances for
residues.
(a) * * *
(1) * * *
TABLE 1 TO PARAGRAPH (a)(1)
Commodity
Parts per million
*
*
*
*
*
*
Grass, forage, fodder and hay, group 17, forage .....................................................................................................................
Grass, forage, fodder and hay, group 17, hay ..........................................................................................................................
*
*
*
*
*
*
*
*
*
*
*
*
40
80
*
(2) * * *
TABLE 2 TO PARAGRAPH (a)(2)
ddrumheller on DSK120RN23PROD with RULES1
Commodity
Parts per million
Cattle, fat ...................................................................................................................................................................................
Cattle, meat ...............................................................................................................................................................................
Cattle, meat byproducts .............................................................................................................................................................
Goat, fat .....................................................................................................................................................................................
Goat, meat .................................................................................................................................................................................
Goat, meat byproducts ..............................................................................................................................................................
Horse, fat ...................................................................................................................................................................................
Horse, meat ...............................................................................................................................................................................
Horse, meat by-products ...........................................................................................................................................................
Milk .............................................................................................................................................................................................
VerDate Sep<11>2014
16:37 Jul 24, 2023
Jkt 259001
PO 00000
Frm 00041
Fmt 4700
Sfmt 4700
E:\FR\FM\25JYR1.SGM
25JYR1
0.1
0.01
0.3
0.1
0.01
0.3
0.1
0.01
0.3
0.015
47782
Federal Register / Vol. 88, No. 141 / Tuesday, July 25, 2023 / Rules and Regulations
TABLE 2 TO PARAGRAPH (a)(2)—Continued
Commodity
Parts per million
Milk, fat ......................................................................................................................................................................................
Sheep, fat ..................................................................................................................................................................................
Sheep, meat ..............................................................................................................................................................................
Sheep, meat by-products ..........................................................................................................................................................
*
*
*
*
*
[FR Doc. 2023–15646 Filed 7–24–23; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 704
[EPA–HQ–OPPT–2021–0357; FRL–8632–01–
OCSPP]
RIN 2070–AK99
Asbestos; Reporting and
Recordkeeping Requirements Under
the Toxic Substances Control Act
(TSCA)
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is finalizing reporting and
recordkeeping requirements for asbestos
under the Toxic Substances Control Act
(TSCA). EPA is requiring certain
persons who manufactured (including
imported) or processed asbestos and
asbestos-containing articles, including
as an impurity, in the four years prior
to the date of publication of this final
rule to electronically report certain
exposure-related information. This
action results in a one-time reporting
requirement. EPA emphasizes that this
requirement includes asbestos that is a
component of a mixture. The
information sought includes presence,
types, and quantities of asbestos
(including asbestos that is a component
of a mixture) and asbestos-containing
articles that were manufactured
(including imported) or processed, types
of use, and employee data. EPA and
other Federal agencies will use reported
information in considering potential
future actions, including risk evaluation
and risk management activities.
DATES: This final rule is effective August
24, 2023.
ADDRESSES: The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPPT–2021–0357, is
available online at https://
www.regulations.gov or in person at the
Office of Pollution Prevention and
Toxics Docket (OPPT Docket) in the
Environmental Protection Agency
ddrumheller on DSK120RN23PROD with RULES1
SUMMARY:
VerDate Sep<11>2014
16:37 Jul 24, 2023
Jkt 259001
Docket Center (EPA/DC). All documents
in the docket are listed on https://
www.regulations.gov. Although listed in
the index, some information is not
publicly available, e.g., Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the internet and will be
publicly available only in hard copy
form. Additional instructions on visiting
the docket, along with more information
about dockets generally, is available at
https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
For technical information contact:
Daniel R. Ruedy, Data Gathering and
Analysis Division (Mailcode: 7406M),
Office of Pollution Prevention and
Toxics, Environmental Protection
Agency, 1200 Pennsylvania Ave. NW,
Washington, DC 20460–0001; telephone
number: (202) 564–7974; email address:
ruedy.daniel@epa.gov.
For general information contact: The
TSCA-Hotline, ABVI-Goodwill, 422
South Clinton Ave., Rochester, NY
14620; telephone number: (202) 554–
1404; email address: TSCA-Hotline@
epa.gov.
SUPPLEMENTARY INFORMATION:
I. Executive Summary
A. Does this action apply to me?
You may be potentially affected by
this action if you manufacture (defined
by statute to include import) or process
asbestos, as defined for purposes of this
TSCA rulemaking. The use of the term
‘‘manufacture’’ in this document
encompasses ‘‘import,’’ and the term
‘‘manufacturer’’ encompasses
‘‘importer.’’ Any use of the term
‘‘asbestos’’ will apply to asbestos in bulk
form, in an article and/or product, as an
impurity, or as a component of a
mixture. For a more thorough
discussion of the subject asbestos types,
please see Unit IV.A. of this document.
You may also be potentially affected by
this action if you manufacture
(including import) or process other
chemical substances or mixtures that
contain asbestos, including as an
impurity, whether or not those chemical
substances or mixtures are on the TSCA
Chemical Substance Inventory. The
PO 00000
Frm 00042
Fmt 4700
Sfmt 4700
0.4
0.1
0.01
0.3
TSCA Chemical Substance Inventory
contains all existing chemical
substances—including those with CBI
claims protecting their identity—
manufactured, processed, or imported
in the United States that do not qualify
for an exemption or exclusion under
TSCA.
This rule does not require reporting
on substances that are excluded from
the definition of ‘‘chemical substance’’
in TSCA section 3(2)(B). Those
exclusions include, but are not limited
to: Any pesticide (as defined by the
Federal Insecticide, Fungicide, and
Rodenticide Act) when manufactured,
processed, or distributed in commerce
for use as a pesticide; any food, food
additive, drug, cosmetic, or device, as
defined by the Federal Food, Drug, and
Cosmetic Act, when manufactured,
processed, or distributed in commerce
for use as a food, food additive, drug,
cosmetic or device; tobacco or any
tobacco product; any source material,
special nuclear material, or byproduct
material as such terms are defined in the
Atomic Energy Act of 1954; and, any
article the sale of which is subject to the
tax imposed by section 4181 of the
Internal Revenue Code of 1954.
Substances which have been
manufactured or imported for intended
use as any food, food additive, drug,
cosmetic, or device as defined by the
Federal Food, Drug, and Cosmetic Act,
are not chemical substances under
TSCA.
The following list of North American
Industry Classification System (NAICS)
codes are provided to assist in
determining whether this action might
apply to you. This list is not intended
to be exhaustive, but rather provides a
guide to help readers determine whether
this document applies to them.
Potentially affected entities, which
although the terms ‘‘business,’’
‘‘company,’’ and ‘‘firm’’ can have
different meanings in some contexts, all
are used to describe entities regulated
under this rule, may include entities
identified in:
• NAICS code 2122—Metal Ore
Mining.
• NAICS code 2123—Nonmetallic
Mineral Mining and Quarrying.
• NAICS code 322—Paper
Manufacturing.
E:\FR\FM\25JYR1.SGM
25JYR1
]]>Agencies
[Federal Register Volume 88, Number 141 (Tuesday, July 25, 2023)]
[Rules and Regulations]
[Pages 47778-47782]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15646]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[EPA-HQ-OPP-2022-0479; FRL-11131-01-OCSPP]
Indaziflam; Pesticide Tolerance
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This regulation establishes tolerances for residues of
indaziflam in or on multiple commodities discussed later in this
document. Bayer CropScience has requested these tolerances under the
Federal Food, Drug, and Cosmetic Act (FFDCA).
DATES: This regulation is effective July 25, 2023. Objections and
requests for hearings must be received on or before September 25, 2023,
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-2022-0479, 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 and the OPP Docket is (202) 566-1744. For the latest
status information on EPA/DC services, docket access, visit https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT: Charles Smith, Director, Registration
Division (7505T), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-
0001; main telephone number: (202) 566-1030; email address:
[email protected].
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
The following list of North American Industrial Classification System
(NAICS) codes is not intended to be exhaustive, but rather provides a
guide to help readers determine whether this document applies to them.
Potentially affected entities may include:
Crop production (NAICS code 111).
Animal production (NAICS code 112).
Food manufacturing (NAICS code 311).
Pesticide manufacturing (NAICS code 32532).
B. How can I get electronic access to other related information?
You may access a frequently updated electronic version of EPA's
tolerance regulations at 40 CFR part 180 through the Office of the
Federal Register's e-
[[Page 47779]]
CFR site at https://www.ecfr.gov/current/title-40.
C. How can I file an objection or hearing request?
Under FFDCA section 408(g), 21 U.S.C. 346a(g), 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-2022-0479 in the subject line on the first
page of your submission. All objections and requests for a hearing must
be in writing and must be received by the Hearing Clerk on or before
September 25, 2023. 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-2022-0479, by one of
the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be CBI or other
information whose disclosure is restricted by statute.
Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW, Washington, DC
20460-0001.
Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at https://www.epa.gov/dockets/where-send-comments-epa-dockets.
Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at https://www.epa.gov/dockets.
II. Summary of Petitioned-For Tolerance
In the Federal Register of July 20, 2022 (87 FR 43231) (FRL-9410-
03-OCSPP), EPA issued a document pursuant to FFDCA section 408(d)(3),
21 U.S.C. 346a(d)(3), announcing the filing of a pesticide petition (PP
2F9002) from Bayer CropScience, 800 N Lindbergh Blvd., St. Louis, MO
63141. The petition requested that 40 CFR 180.653 be amended by
revising tolerances for residues of indaziflam N-[(1R,2S)-2,3-dihydro-
2,6-dimethyl-1H-inden-1-yl]-6-(1-fluoroethyl)-1,3,5-triazine-2,4-
diamine, including its metabolites and degradates, in or on the
following raw agricultural commodities: Grass Forage, Fodder, and Hay
Group 17, forage at 50 parts per million (ppm); Grass Forage, Fodder,
and Hay Group 17, hay at 80 ppm; and livestock fat, meat, meat
byproducts, milk and milk, fat at 0.1, 0.01, 0.3, 0.015, and 0.4 ppm
respectively. (The notice of filing published on July 20, 2022,
incorrectly identified the tolerance levels for meat byproducts as 0.30
ppm and for milk, fat as 0.04 ppm, rather than 0.3 ppm and 0.4 ppm as
the petition requested.) That document referenced a summary of the
petition, which is available in the docket, https://www.regulations.gov. No comments were received in response to the July
20, 2022, notice of filing.
EPA is establishing one tolerance at a different level than
requested by the petitioner. The reason for this change is explained in
Unit IV.C. In addition, EPA is not revising the established tolerances
for meat (i.e., Cattle, meat; Goat, meat; Horse, meat; and Sheep, meat)
because the revised anticipated residues remain lower than the current
tolerance level (0.01 ppm).
III. Aggregate Risk Assessment and Determination of Safety
Section 408(b)(2)(A)(i) of FFDCA allows EPA to establish a
tolerance (the legal limit for a pesticide chemical residue in or on a
food) only if EPA determines that the tolerance is ``safe.'' Section
408(b)(2)(A)(ii) of FFDCA defines ``safe'' to mean that ``there is a
reasonable certainty that no harm will result from aggregate exposure
to the pesticide chemical residue, including all anticipated dietary
exposures and all other exposures for which there is reliable
information.'' This includes exposure through drinking water and in
residential settings but does not include occupational exposure.
Section 408(b)(2)(C) of FFDCA requires EPA to give special
consideration to exposure of infants and children to the pesticide
chemical residue in establishing a tolerance and to ``ensure that there
is a reasonable certainty that no harm will result to infants and
children from aggregate exposure to the pesticide chemical residue. . .
.''
Consistent with FFDCA section 408(b)(2)(D), and the factors
specified 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 for indaziflam including exposure resulting from the
tolerances established by this action. EPA's assessment of exposures
and risks associated with indaziflam follows.
In an effort to streamline its publications in the Federal
Register, EPA is not reprinting sections that repeat what has been
previously published for tolerance rulemakings for the same pesticide
chemical. Where scientific information concerning a particular chemical
remains unchanged, the content of those sections would not vary between
tolerance rulemakings, and EPA considers referral back to those
sections as sufficient to provide an explanation of the information EPA
considered in making its safety determination for the new rulemaking.
EPA has previously published tolerance rulemakings for indaziflam
in which EPA concluded, based on the available information, that there
is a reasonable certainty that no harm would result from aggregate
exposure to indaziflam and established tolerances for residues of that
chemical. EPA is incorporating previously published sections from these
rulemakings as described further in this rulemaking, as they remain
unchanged.
Toxicological profile. For a discussion of the Toxicological
Profile of indaziflam, see Unit III.A. of the indaziflam tolerance
rulemaking published in the Federal Register of October 10, 2019 (84 FR
54510) (FRL-9999-70).
Toxicological points of departure/Levels of concern. For a summary
of the Toxicological Points of Departure/Levels of Concern for
indaziflam used for human health risk assessment, please reference Unit
III.B. of the October 10, 2019, rulemaking.
Exposure assessment. EPA's dietary exposure assessments have been
updated to include the additional exposure from the proposed removal of
the grass forage grazing restriction and the grass hay cutting
restriction from certain indaziflam product labels, resulting in
increased associated residues on animal commodities. The acute and
chronic (food and drinking water) dietary exposure assessments in
support of the proposed label amendments were conducted using the
Dietary Exposure Evaluation Model software with the Food Commodity
Intake Database (DEEM-FCID) Version 4.02. This software uses 2005-2010
food consumption data from the United States Department of
Agriculture's (USDA's) National Health and Nutrition
[[Page 47780]]
Examination Survey, What We Eat in America (NHANES/WWEIA). The
unrefined acute and chronic dietary exposure assessments assumed 100
percent crop treated (PCT), tolerance-level residues for all crops, and
maximum anticipated residues to address all residues of concern in
ruminant commodities.
Drinking water and non-occupational exposures. The drinking water
numbers have not changed as a result of the proposed removal of the
grass forage grazing restriction and the grass hay cutting restriction.
For a detailed summary of the drinking water analysis for indaziflam
used for the human health risk assessment, please reference Unit
III.C.2. of the October 10, 2019, rulemaking.
Indaziflam is currently registered for the following uses that
could result in residential exposures: turf, gardens, and trees. While
there are no proposed residential uses in the current action, EPA's
residential (non-occupational) exposure and risk assessment has been
revised since the October 10, 2019, rulemaking. The following exposure
estimates are used in the aggregate assessment for indaziflam because
they are the most conservative of the residential handler and post-
application scenarios. The residential exposure for children 1 to <2
years old is combined dermal and incidental oral (hand-to-mouth)
exposure to turf (i.e., recreational premises/areas) applications via
high contact lawn activities. The residential exposure for children 6
to <11 years old is dermal exposure to turf applications via golfing
activities and for adults is combined dermal and inhalation exposure
from handling indaziflam via ready-to-use (RTU) trigger spray bottle
applications. None of the residential exposures are of concern.
Cumulative exposure. Section 408(b)(2)(D)(v) of FFDCA requires
that, when considering whether to establish, modify, or revoke a
tolerance, the Agency consider ``available information'' concerning the
cumulative effects of a particular pesticide's residues and ``other
substances that have a common mechanism of toxicity.'' Unlike other
pesticides for which EPA has followed a cumulative risk approach based
on a common mechanism of toxicity, EPA has not made a common mechanism
of toxicity finding as to indaziflam and any other substances and
indaziflam does not appear to produce a toxic metabolite produced by
other substances. For the purposes of this action, therefore, EPA has
not assumed that indaziflam has a common mechanism of toxicity with
other substances.
Safety factor for infants and children. EPA continues to conclude
that there are reliable data to support the reduction of the Food
Quality Protection Act (FQPA) safety factor from 10X to 1X. See Unit
III.D. of the October 10, 2019, rulemaking for a discussion of the
Agency's rationale for that determination.
Aggregate risks and determination of safety. EPA determines whether
acute and chronic dietary pesticide exposures are safe by comparing
dietary exposure estimates to the acute population-adjusted dose (aPAD)
and chronic population-adjusted dose (cPAD). Short-, intermediate-, and
chronic-term aggregate risks are evaluated by comparing the estimated
total food, water, and residential exposure to the appropriate points
of departure to ensure that an adequate margin of exposure (MOE)
exists.
Acute dietary (food and drinking water) risks are below the
Agency's level of concern of 100% of the aPAD; they are 21% for all
infants (<1 year old), the subgroup with the highest exposure. Chronic
dietary (food and drinking water) risks are below the Agency's level of
concern of 100% of the cPAD; they are 15% of the cPAD for the children
1 to 2 years old, the group with the highest exposure.
EPA aggregated short-term exposure to indaziflam based on the
residential and dietary routes of exposure. The short-term aggregate
MOEs were 360 for adults; 5,100 for children 6 to <11 years old; and
540 for children 1 to <2 years old. These values do not exceed the
level of concern, which is an MOE below 100, so the risk estimates are
not of concern. Acute and chronic aggregate risks are equivalent to the
acute and chronic dietary risks and are not of concern. Indaziflam is
not registered for any use patterns that would result in intermediate-
term residential exposure, so intermediate-term aggregate risk is the
same as the chronic dietary risk and is not of concern.
Based on the lack of evidence of carcinogenicity or genotoxicity,
indaziflam is classified as ``not likely to be carcinogenic to
humans''. Therefore, EPA does not expect indaziflam to pose a cancer
risk from aggregate exposure.
Therefore, based on the risk assessments and information described
above, EPA concludes there is a reasonable certainty that no harm will
result to the general population, or to infants and children, from
aggregate exposure to indaziflam residues. More detailed information on
this action can be found in the document titled ``Indaziflam. Human
Health Risk Assessment for the Removal of Forage Grazing and Hay
Cutting Intervals for Pastures, Rangeland, Natural Areas, and Grazed
Non-Crop Areas, and the Increased Application Rate to Rights-of-Way''
in docket ID EPA-HQ-OPP-2022-0479.
IV. Other Considerations
A. Analytical Enforcement Methodology
For a discussion of the available analytical enforcement method,
see Unit IV.A. of the indaziflam tolerance rulemaking published in the
Federal Register of June 24, 2020 (85 FR 37760) (FRL-10008-92).
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).
Codex Alimentarius has not established any Maximum Residue Limits
(MRLs) for indaziflam.
C. Revisions to Petitioned-For Tolerances
EPA is amending the tolerance for residues of indaziflam in or on
Grass, forage, fodder and hay, group 17, forage to 40 ppm rather than
at 50 ppm as proposed by the petitioner. Both EPA and the petitioner
entered the proportioned grass forage residue data into the
Organization for Economic Development and Cooperation (OECD) tolerance
calculator. The difference between the proposed and recommended
tolerance values is likely due to a difference in rounding.
V. Conclusion
Therefore, the established tolerances for residues of indaziflam in
or on the following commodities are revised to these levels: Cattle,
fat at 0.1 ppm; Cattle, meat byproducts at 0.3 ppm; Goat, fat at 0.1
ppm; Goat, meat byproducts at 0.3 ppm; Grass, forage, fodder and hay,
group 17, forage at 40 ppm; Grass, forage, fodder and hay, group 17,
hay at 80 ppm; Horse, fat at 0.1 ppm; Horse, meat byproducts at 0.3
ppm; Milk at 0.015 ppm; Milk, fat at 0.4 ppm; Sheep, fat at 0.1 ppm;
and Sheep, meat byproducts at 0.3 ppm.
VI. Statutory and Executive Order Reviews
This action establishes tolerances under FFDCA section 408(d) in
[[Page 47781]]
response to a petition submitted to the Agency. The Office of
Management and Budget (OMB) has exempted these types of actions from
review under Executive Order 12866, entitled ``Regulatory Planning and
Review'' (58 FR 51735, October 4, 1993). Because this action has been
exempted from review under Executive Order 12866, this action is not
subject to Executive Order 13211, entitled ``Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use'' (66 FR 28355, May 22, 2001), or to 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 on the basis
of a petition under FFDCA section 408(d), such as the tolerances in
this final rule, do not require the issuance of a proposed rule, the
requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et
seq.), do not apply.
This action directly regulates growers, food processors, food
handlers, and food retailers, not States or Tribes, nor does this
action alter the relationships or distribution of power and
responsibilities established by Congress in the preemption provisions
of FFDCA section 408(n)(4). As such, the Agency has determined that
this action will not have a substantial direct effect on States or
Tribal Governments, on the relationship between the National Government
and the States or Tribal Governments, or on the distribution of power
and responsibilities among the various levels of government or between
the Federal Government and Indian Tribes. Thus, the Agency has
determined that Executive Order 13132, entitled ``Federalism'' (64 FR
43255, August 10, 1999), and Executive Order 13175, entitled
``Consultation and Coordination with Indian Tribal Governments'' (65 FR
67249, November 9, 2000), do not apply to this action. In addition,
this action does not impose any enforceable duty or contain any
unfunded mandate as described under Title II of the Unfunded Mandates
Reform Act (UMRA) (2 U.S.C. 1501 et seq.).
This action does not involve any technical standards that would
require Agency consideration of voluntary consensus standards pursuant
to section 12(d) of the National Technology Transfer and Advancement
Act (NTTAA) (15 U.S.C. 272 note).
VII. Congressional Review Act
Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.),
EPA will submit a report containing this rule and other required
information to the U.S. Senate, the U.S. House of Representatives, and
the Comptroller General of the United States prior to publication of
the rule in the Federal Register. This action is not a ``major rule''
as defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 180
Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.
Dated: July 17, 2023.
Charles Smith,
Director, Registration Division, Office of Pesticide Programs.
Therefore, for the reasons stated in the preamble, EPA is amending
40 CFR chapter 1 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. 180.653:
0
a. Amend table 1 to paragraph (a)(1) by revising the entries for
``Grass, forage, fodder and hay, group 17, forage'' and ``Grass,
forage, fodder and hay, group 17, hay''.
0
b. Revise table 2 to paragraph (a)(2).
The revisions read as follows:
Sec. 180.653 Indaziflam; tolerances for residues.
(a) * * *
(1) * * *
Table 1 to Paragraph (a)(1)
------------------------------------------------------------------------
Commodity Parts per million
------------------------------------------------------------------------
* * * * * * *
Grass, forage, fodder and hay, group 17, forage.... 40
Grass, forage, fodder and hay, group 17, hay....... 80
* * * * * * *
------------------------------------------------------------------------
* * * * *
(2) * * *
Table 2 to Paragraph (a)(2)
------------------------------------------------------------------------
Commodity Parts per million
------------------------------------------------------------------------
Cattle, fat........................................ 0.1
Cattle, meat....................................... 0.01
Cattle, meat byproducts............................ 0.3
Goat, fat.......................................... 0.1
Goat, meat......................................... 0.01
Goat, meat byproducts.............................. 0.3
Horse, fat......................................... 0.1
Horse, meat........................................ 0.01
Horse, meat by-products............................ 0.3
Milk............................................... 0.015
[[Page 47782]]
Milk, fat.......................................... 0.4
Sheep, fat......................................... 0.1
Sheep, meat........................................ 0.01
Sheep, meat by-products............................ 0.3
------------------------------------------------------------------------
* * * * *
[FR Doc. 2023-15646 Filed 7-24-23; 8:45 am]
BILLING CODE 6560-50-P
