Pesticide Tolerances; Implementing Registration Review Decisions for Certain Pesticides (FY23Q4), 62492-62499 [2023-19513]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 88, Number 175 (Tuesday, September 12, 2023)]
[Proposed Rules]
[Pages 62492-62499]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19513]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2023-0254; FRL-11283-01-OCSPP]
RIN 2070-ZA16


Pesticide Tolerances; Implementing Registration Review Decisions 
for Certain Pesticides (FY23Q4)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to implement several tolerance actions under 
the Federal Food, Drug, and Cosmetic Act (FFDCA) that the Agency 
determined were necessary or appropriate during the registration review 
conducted under the Federal Insecticide, Fungicide, and Rodenticide Act 
(FIFRA). During registration review, EPA reviews all aspects of a 
pesticide case, including existing tolerances, to ensure that the 
pesticide continues to meet the standard for registration under FIFRA. 
The tolerance actions and pesticide active ingredients addressed in 
this rulemaking are identified in Unit I.B. and discussed in detail in 
Unit III. of this document.

DATES: Comments must be received on or before November 13, 2023.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2023-0254, through the Federal eRulemaking 
Portal at: https://www.regulations.gov. Follow the online instructions 
for submitting comments. Do not submit electronically any information 
you consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Additional 
instructions on commenting or visiting the docket, along with more 
information about dockets generally, is available at https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Robert Little, Pesticide Re-Evaluation 
Division (7508M), Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-
0001; telephone number: (202) 566-2234; email address: 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Executive Summary

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. What action is the Agency taking?

    EPA is proposing several tolerance actions that the Agency 
previously determined were necessary or

[[Page 62493]]

appropriate during registration review for the following pesticide 
active ingredients: chlorsulfuron, primisulfuron-methyl, triasulfuron, 
halosulfuron-methyl, sulfosulfuron, iodosulfuron-methyl-sodium, 
trifloxysulfuron-sodium, and mesosulfuron-methyl. The proposed 
tolerance actions for each pesticide active ingredient are described in 
Unit III. and may include but are not limited to the following types of 
actions:
     Revising tolerance expressions;
     Modifying commodity definitions;
     Updating crop groups;
     Removing expired tolerances;
     Revoking tolerances that are no longer needed; and
     Harmonizing tolerances with Codex Maximum Residue Levels 
(MRLs).
    Although they may not have been identified in the registration 
review of a particular pesticide, this rule also includes proposals to 
reflect the Agency's 2019 adoption of the Organization of Economic 
Cooperation and Development (OECD) Rounding Class Practice. Where 
applicable, these adjustments are proposed for specific pesticides as 
reflected in the proposed regulatory text section.

C. What is EPA's authority for taking this action?

    Pursuant to its authority under the Federal Food, Drug and Cosmetic 
Act (FFDCA), 21 U.S.C. 346a, EPA is proposing the tolerance actions in 
this rulemaking that the Agency previously determined were necessary or 
appropriate during the registration review conducted under the Federal 
Insecticide, Fungicide, and Rodenticide Act (FIFRA), 7 U.S.C. 136 et 
seq.
    FFDCA section 408(b) authorizes EPA to establish a tolerance, if 
the Agency determines that a tolerance is safe; FFDCA section 408(c) 
authorizes EPA to establish an exemption from the requirement of a 
tolerance if the Agency determines that the exemption is safe. See 21 
U.S.C. 346a(b) and (c). If EPA determines that a tolerance or exemption 
is not safe, EPA must modify or revoke that tolerance or exemption. 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.'' 21 U.S.C. 
346a(b)(2)(A)(ii), (c)(2)(A)(ii). This includes exposure through 
drinking water and in residential settings but does not include 
occupational exposure. FFDCA section 408(b)(2)(C) requires EPA to give 
special consideration to the 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[s.]'' 21 U.S.C. 346a(b)(2)(C). In addition, FFDCA section 
408(b)(2)(D) contains several factors EPA must consider when making 
determinations about establishing, modifying, or revoking tolerances. 
21 U.S.C. 346a(b)(2)(D). FFDCA section 408(c)(2)(B) requires that EPA, 
when making determinations about exemptions, to take into account, 
among other things, the considerations set forth in FFDCA section 
408(b)(2)(C) and (D). 21 U.S.C. 346a(c)(2)(B).
    FFDCA section 408(e), 21 U.S.C. 346a(e), authorizes EPA to 
establish, modify, or revoke tolerances or exemptions from the 
requirement of a tolerance on its own initiative. Prior to issuing the 
final regulation, FFDCA section 408(e)(2) requires EPA to issue a 
notice of proposed rulemaking for a 60-day public comment period, 
unless the Administrator for good cause finds that it would be in the 
public interest to have a shorter period and states the reasons in the 
rulemaking.
    Furthermore, when establishing tolerances or exemptions from the 
requirement of a tolerance, FFDCA sections 408(b)(3) and (c)(3) require 
that there be a practical method for detecting and measuring pesticide 
chemical residue levels in or on food, unless in the case of 
exemptions, EPA determines that such method is not needed and states 
the reasons therefor in the rulemaking. 21 U.S.C. 346a(b) and (c).
    Under FIFRA section 3(g), 7 U.S.C. 136a(g), EPA is required to 
periodically review all registered pesticides and determine if those 
pesticides continue to meet the standard for registration under FIFRA. 
See also 40 CFR 155.40(a). Consistent with its obligations under FIFRA 
section 3(g) and FFDCA section 408, EPA has reviewed the available 
scientific data and other relevant information and determined it is 
appropriate to take the tolerance actions being proposed in this 
rulemaking.

D. What can I do if I want the Agency to maintain a tolerance that the 
Agency proposes to revoke?

    This proposed rule provides a 60-day public comment period that 
allows any person to state an interest in retaining a tolerance 
proposed for revocation. If EPA receives such a comment within the 60-
day period, EPA will not proceed to revoke the tolerance immediately. 
However, EPA will take steps to ensure the submission of any needed 
supporting data and will issue an order in the Federal Register under 
FFDCA section 408(f), if needed. The order would specify data needed 
and the timeframes for submission of the data and would require that 
within 90 days some person or persons notify EPA that they will submit 
the data. If the data are not submitted as required in the order, EPA 
will take appropriate action under FFDCA.
    After considering comments that are received in response to this 
proposed rule, EPA will issue a final rule. At the time of the final 
rule, you may file an objection or request a hearing on the action 
taken in the final rule. If you fail to file an objection to the final 
rule within the time period specified in the final rule, you will have 
waived the right to raise any issues resolved in the final rule. After 
the filing deadline specified in the final rule, issues resolved in the 
final rule cannot be raised again in any subsequent proceedings.

E. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through 
https://www.regulations.gov or email. If you wish to include CBI in 
your comment, please follow the applicable instructions at https://www.epa.gov/dockets/commenting-epa-dockets#rules and clearly mark the 
part or all of the information that you claim to be CBI. In addition to 
one complete version of the comment that includes information claimed 
as CBI, a copy of the comment that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When preparing and submitting 
your comments, see the commenting tips at https://www.regulations.gov/faq.
    3. Environmental justice. EPA seeks to achieve environmental 
justice, the fair treatment and meaningful involvement of any group, 
including minority and/or low-income populations, in the development, 
implementation, and enforcement of environmental laws, regulations, and 
policies.

II. Background

A. What is a tolerance?

    A ``tolerance'' represents the maximum level for residues of 
pesticide chemicals legally allowed in or on food, which includes raw 
agricultural commodities and processed foods and

[[Page 62494]]

feed for animals. Under the FFDCA, residues of a pesticide chemical 
that are not covered by a tolerance or exemption from the requirement 
of a tolerance are considered unsafe. See 21 U.S.C. 346a(a)(1). Foods 
containing unsafe residues are deemed adulterated and may not be 
distributed in interstate commerce. See 21 U.S.C. 331(a), 342(a)(2)(B). 
Consequently, for a food-use pesticide (i.e., a pesticide use that is 
likely to result in residues in or on food) to be sold and distributed, 
the pesticide must not only have appropriate tolerances or exemptions 
under the FFDCA, but also must be registered under FIFRA, 7 U.S.C. 136 
et seq. Food-use pesticides not registered in the United States must 
have tolerances or exemptions in order for commodities treated with 
those pesticides to be imported into the United States. For additional 
information about tolerances, go to https://www.epa.gov/pesticide-tolerances/about-pesticide-tolerances.

B. Why does EPA consider international residue limits?

    When establishing a tolerance for residues of a pesticide, EPA must 
determine whether the Codex Alimentarius Commission (Codex) has 
established a Maximum Residue Limit (MRL) for that pesticide. See 21 
U.S.C. 346a(b)(4). As part of registration review, EPA determines 
whether international tolerances or MRLs exist for commodities and 
chemicals for which U.S. tolerances have been established. Where 
appropriate, EPA's intention is to harmonize U.S. tolerances with those 
international MRLs to facilitate trade. EPA's effort to harmonize with 
Codex MRLs is summarized in the tolerance reassessment section of the 
individual human health risk assessments that support the pesticide 
registration review.

C. What is pesticide registration review?

    EPA periodically reviews existing registered pesticides to ensure 
they can continue to be used without unreasonable adverse effects on 
human health or the environment. The registration review program is 
intended to make sure that, as the ability to assess risk evolves and 
as policies and practices change, all registered pesticides continue to 
meet the FIFRA registration standard of no unreasonable adverse 
effects. As part of the registration review of a pesticide, EPA also 
evaluates whether existing tolerances are safe, whether any changes to 
existing tolerances are necessary or appropriate, and whether any new 
tolerances are necessary to cover residues from registered pesticides. 
Where appropriate, EPA has included a safety finding under the FFDCA 
for the proposed tolerance action for the pesticide, which is discussed 
in detail in the human health risk assessments conducted to support the 
registration review of each specific pesticide active ingredient or 
registration review case. In addition, these proposed tolerance changes 
are summarized in both the Proposed Interim Decision (PID), and in the 
Interim Decision (ID) for each pesticide active ingredient or 
registration review case. These documents can be found in the public 
docket that has been opened for each pesticide, which is available 
online at https://www.regulations.gov, using the docket ID number 
listed in Unit III. for each pesticide active ingredient included in 
this proposed action. Additional information about pesticide 
registration review is available at https://www.epa.gov/pesticide-reevaluation.

III. Proposed Tolerance Actions

    EPA is proposing to take the specific tolerance actions identified 
in this unit.

A. 40 CFR 180.405; Chlorsulfuron; Case 0631 (Docket ID No. EPA-HQ-OPP-
2012-0878)

1. Proposed Changes to the Current Tolerances
    EPA is proposing to amend the current tolerances by:
     Revising the tolerance expression for chlorsulfuron to 
describe more clearly the scope or coverage of the tolerances and the 
method for measuring compliance. Consistent with EPA policy, the 
revised tolerance expression would clarify that (1) as provided in 
FFDCA section 408(a)(3), the tolerances cover metabolites and 
degradates of chlorsulfuron not specifically mentioned; and (2) 
compliance with the specified tolerance levels is to be determined by 
measuring the specific compounds mentioned in the tolerance expression. 
The revisions to the tolerance expression would not substantively 
change the tolerances or, in any way, modify the permissible level of 
residues permitted by the tolerances.
     Merging the established tolerances into a single paragraph 
for clarity.
     Modifying tolerance values or tolerance levels for 
``Grass, forage''; ``Grass, hay''; ``Oat, forage''; and ``Wheat, 
forage'' to reflect current OECD rounding practices.
2. Safety Finding
    During registration review, EPA assessed the risks from exposure to 
chlorsulfuron, taking into consideration all reliable data on toxicity 
and exposure, including for infants and children. Based on the 
supporting risk assessments and registration review documents, which 
demonstrate that the aggregate exposure is below the Agency's level of 
concern, EPA concludes there is a reasonable certainty that no harm 
will result to the general population, or specifically to infants and 
children, from aggregate exposure to chlorsulfuron residues. Thus, EPA 
has determined that the tolerances for residues of chlorsulfuron are 
safe. Adequate enforcement methodology as described in the supporting 
documents is available to enforce the tolerance expression. For further 
detail, see Chlorsulfuron. Draft Human Health Risk Assessment in 
Support of Registration Review, which can be found in the docket ID 
number listed in the heading of this unit.

B. 40 CFR 180.452; Primisulfuron-methyl; Case 7220 (Docket ID No. EPA-
HQ-OPP-2011-0844)

1. Proposed Changes to the Current Tolerances
    EPA is proposing to amend the current tolerances by:
     Revising the tolerance expression for primisulfuron-methyl 
to describe more clearly the scope or coverage of the tolerances and 
the method for measuring compliance. Consistent with EPA policy, the 
revised tolerance expression would clarify that (1) as provided in 
FFDCA section 408(a)(3), the tolerance covers metabolites and 
degradates of primisulfuron-methyl not specifically mentioned; and (2) 
compliance with the specified tolerance levels is to be determined by 
measuring the specific compounds mentioned in the tolerance expression. 
The revisions to the tolerance expression would not substantively 
change the tolerances or, in any way, modify the permissible level of 
residues permitted by the tolerances.
2. Safety finding
    EPA has determined that the proposed change to the tolerance 
expression would not impact EPA's previous safety findings for the 
established tolerances for primisulfuron-methyl, because the change has 
no substantive effect on the tolerances or supporting risk assessments, 
but rather is merely intended to clarify the existing tolerance 
expression. For further detail, see Primisulfuron-Methyl. Human Health 
Draft Risk Assessment for Registration Review, which can be found in 
the

[[Page 62495]]

docket ID number listed in the heading of this unit.

C. 40 CFR 180.459; Triasulfuron; Case 7221 (Docket ID No. EPA-HQ-OPP-
2012-0115)

1. Proposed Changes to the Current Tolerances
    EPA is proposing to amend the current tolerances by:
     Revising the tolerance expression for triasulfuron to 
describe more clearly the scope or coverage of the tolerances and the 
method for measuring compliance. Consistent with EPA policy, the 
revised tolerance expression would clarify that (1) as provided in 
FFDCA section 408(a)(3), the tolerance covers metabolites and 
degradates of triasulfuron not specifically mentioned; and (2) 
compliance with the specified tolerance levels is to be determined by 
measuring the specific compounds mentioned in the tolerance expression. 
The revisions to the tolerance expression would not substantively 
change the tolerances or, in any way, modify the permissible level of 
residues permitted by the tolerances.
2. Safety Finding
    EPA has determined that the proposed change to the tolerance 
expression would not impact EPA's previous safety findings for the 
established tolerances for triasulfuron, because the change has no 
substantive effect on the tolerances or supporting risk assessments, 
but rather is merely intended to clarify the existing tolerance 
expression. For further detail, see Triasulfuron. Draft Human Health 
Risk Assessment in Support of Registration Review, which can be found 
in the docket ID number listed in the heading of this unit.

D. 40 CFR 180.479; Halosulfuron-methyl; Case 7233 (Docket ID No. EPA-
HQ-OPP-2011-0745)

1. Proposed Changes to the Current Tolerances
    EPA is proposing to amend the current tolerances by:
     Modifying the tolerance level for residues of 
halosulfuron-methyl in or on asparagus from 0.8 ppm to 1 ppm to 
harmonize with the Canadian MRL. There are no Codex MRLs for this 
pesticide chemical.
     Converting the existing crop group tolerances for 
``vegetable, fruiting, group 8'' and ``nut, tree, crop group 14'' to 
the updated crop group tolerances for ``vegetable, fruiting, group 8-
10'' and ``nut, tree, crop group 14-12,'' respectively. The tolerance 
levels would remain the same. 40 CFR 180.40(j) states that ``[a]t 
appropriate times, EPA will amend tolerances for crop groups that have 
been superseded by revised crop groups to conform the pre-existing crop 
group to the revised crop group.'' EPA has indicated in updates to its 
crop group rulemakings that registration review is one of those 
appropriate times. See, e.g., Tolerance Crop Grouping Program V (85 FR 
70976) (November 6, 2020).
     Removing tolerances for residues of halosulfuron-methyl in 
or on certain commodities. Specifically, EPA is proposing to remove the 
tolerance for ``pea and bean, succulent shelled, subgroup 6'' because 
it is an incorrect entry; no such crop subgroup exists. Instead, these 
commodities are covered under the established tolerance for ``pea and 
bean, succulent shelled, subgroup 6B'' at the same tolerance level. In 
addition, EPA proposes to remove tolerances for okra and pistachio as 
unnecessary, because they would be covered by the updated crop group 
tolerances for ``vegetable, fruiting, group 8-10'' and ``nut, tree, 
crop group 14-12,'' respectively, at the same tolerance levels.
2. Safety Finding
    During registration review, EPA assessed the risks from exposure to 
halosulfuron-methyl, taking into consideration all reliable data on 
toxicity and exposure, including for infants and children. Based on the 
supporting risk assessments and registration review documents, which 
demonstrate that the aggregate exposure is below the Agency's level of 
concern, EPA concludes there is a reasonable certainty that no harm 
will result to the general population, or specifically to infants and 
children, from aggregate exposure to halosulfuron-methyl residues. 
Thus, EPA has determined that the tolerances for residues of 
halosulfuron-methyl are safe. Adequate enforcement methodology as 
described in the supporting documents is available to enforce the 
tolerance expression. For further detail, see Halosulfuron-Methyl. 
Draft Human Health Risk Assessment for Registration Review, which can 
be found in the docket ID number listed in the heading of this unit.

E. 40 CFR 180.552; Sulfosulfuron; Case 7247 (Docket ID No. EPA-HQ-OPP-
2011-0434)

1. Proposed Changes to the Current Tolerances
    EPA is proposing to amend the current tolerances by:
     Revising the tolerance expression for sulfosulfuron to 
describe more clearly the scope or coverage of the tolerances and the 
method for measuring compliance. Consistent with EPA policy, the 
revised tolerance expression would clarify that (1) as provided in 
FFDCA section 408(a)(3), the tolerance covers metabolites and 
degradates of sulfosulfuron not specifically mentioned; and (2) 
compliance with the specified tolerance levels is to be determined by 
measuring the specific compounds mentioned in the tolerance expression. 
The revisions to the tolerance expression do not substantively change 
the tolerances or, in any way, modify the permissible level of residues 
permitted by the tolerances.
     Removing the tolerances for residues of sulfosulfuron in 
or on hog, meat (0.005 ppm); hog, fat (0.005 ppm); and hog, meat 
byproducts (0.05 ppm). EPA has determined that there is no reasonable 
expectation of finite residues of concern in swine. See 40 CFR 
180.6(a)(3). Moreover, a re-evaluation of tolerance enforcement methods 
determined that the limits of quantitation for these methods is 0.01 
ppm.
2. Safety Finding
    During registration review, EPA assessed the risks from exposure to 
sulfosulfuron, taking into consideration all reliable data on toxicity 
and exposure, including for infants and children. Based on the 
supporting risk assessments and registration review documents, which 
demonstrate that the aggregate exposure is below the Agency's level of 
concern, EPA concludes there is a reasonable certainty that no harm 
will result to the general population, or specifically to infants and 
children, from aggregate exposure to sulfosulfuron residues. Thus, EPA 
has determined that the tolerances for residues of sulfosulfuron are 
safe. Adequate enforcement methodology as described in the supporting 
documents is available to enforce the tolerance expression. For further 
detail, see Sulfosulfuron. Draft Human Health Risk Assessment in 
Support of Registration Review, which can be found in the docket ID 
number listed in the heading of this unit.

F. 40 CFR 180.580; Iodosulfuron-methyl-sodium; Case 7253 (Docket ID No. 
EPA-HQ-OPP-2012-0717)

1. Proposed Changes to the Current Tolerances
    EPA is proposing to amend the current tolerances by:

[[Page 62496]]

     Revising the tolerance expression for iodosulfuron-methyl-
sodium to describe more clearly the scope or coverage of the tolerances 
and the method for measuring compliance. Consistent with EPA policy, 
the revised tolerance expression would clarify that (1) as provided in 
FFDCA section 408(a)(3), the tolerance covers metabolites and 
degradates of iodosulfuron-methyl-sodium not specifically mentioned; 
and (2) that compliance with the specified tolerance levels is to be 
determined by measuring the specific compounds mentioned in the 
tolerance expression. The revisions to the tolerance expression do not 
substantively change the tolerances or, in any way, modify the 
permissible level of residues permitted by the tolerances.
2. Safety Finding
    EPA has determined that the proposed change to the tolerance 
expression would not impact EPA's previous safety findings for the 
established tolerances for iodosulfuron-methyl-sodium, because the 
change has no substantive effect on the tolerances or supporting risk 
assessments, but rather is merely intended to clarify the existing 
tolerance expression. For further detail, see Iodosulfuron-Methyl-
Sodium. Draft Human Health Risk Assessment in Support of Registration 
Review, which can be found in the docket ID number listed in the 
heading of this unit.

G. 40 CFR 180.591; Trifloxysulfuron; Case 7028 (Docket ID No. EPA-HQ-
OPP-2013-0409)

1. Proposed Changes to the Current Tolerances
    EPA is proposing to amend the current tolerances by:
     Revising the tolerance expression for trifloxysulfuron, 
resulting from the application of its sodium salt, to describe more 
clearly the scope or coverage of the tolerances and the method for 
measuring compliance. Consistent with EPA policy, the revised tolerance 
expression would clarify that (1) as provided in FFDCA section 
408(a)(3), the tolerance covers metabolites and degradates of 
trifloxysulfuron not specifically mentioned; and (2) that compliance 
with the specified tolerance levels is to be determined by measuring 
the specific compounds mentioned in the tolerance expression. The 
revisions to the tolerance expression do not substantively change the 
tolerances or, in any way, modify the permissible level of residues 
permitted by the tolerances.
     Revoking tolerances for residues of trifloxysulfuron in or 
on almond (0.02 ppm) and almond hulls (0.01 ppm). Almonds are no longer 
included as a use site on any trifloxysulfuron-sodium product labels; 
therefore, the Agency is proposing to revoke the established 
tolerances. In addition, to allow a reasonable interval for producers 
in exporting members of the World Trade Organization's (WTO's) Sanitary 
and Phytosanitary (SPS) Measures Agreement to adapt to these 
requirements in the final rule, EPA is proposing to amend the existing 
tolerances to include an expiration date that would be six months after 
the date of publication of the final rule in the Federal Register.
2. Safety Finding
    During registration review, EPA assessed the risks from exposure to 
trifloxysulfuron-sodium, taking into consideration all reliable data on 
toxicity and exposure, including for infants and children. Based on the 
supporting risk assessments and registration review documents, which 
demonstrate that the aggregate exposure is below the Agency's level of 
concern, EPA concludes there is a reasonable certainty that no harm 
will result to the general population, or specifically to infants and 
children, from aggregate exposure to trifloxysulfuron-sodium. Thus, EPA 
has determined that the tolerances for residues of trifloxysulfuron, 
resulting from the application of its sodium salt, are safe. Adequate 
enforcement methodology as described in the supporting documents is 
available to enforce the tolerance expression. For further detail, see 
Trifloxysulfuron-Sodium. Draft Human Health Risk Assessment in Support 
of Registration Review, which can be found in the docket ID number 
listed in the heading of this unit

H. 40 CFR 180.597; Mesosulfuron-Methyl; Case 7277 (Docket ID No. EPA-
HQ-OPP-2012-0833)

1. Proposed Changes to the Current Tolerances
    EPA is proposing to amend the current tolerances by:
     Revising the tolerance expression for mesosulfuron-methyl 
to describe more clearly the scope or coverage of the tolerances and 
the method for measuring compliance. Consistent with EPA policy, the 
revised tolerance expression would clarify that (1) as provided in 
FFDCA section 408(a)(3), the tolerance covers metabolites and 
degradates of mesosulfuron-methyl not specifically mentioned; and (2) 
that compliance with the specified tolerance levels is to be determined 
by measuring the specific compounds mentioned in the tolerance 
expression. The revisions to the tolerance expression do not 
substantively change the tolerances or, in any way, modify the 
permissible level of residues permitted by the tolerances.
2. Safety Finding
    EPA has determined that the proposed change to the tolerance 
expression would not impact EPA's previous safety findings for the 
established tolerances for mesosulfuron-methyl, because the change has 
no substantive effect on the tolerances or supporting risk assessments, 
but rather is merely intended to clarify the existing tolerance 
expression. For further detail, see Mesosulfuron-Methyl. Human Health 
Draft Risk Assessment for Registration Review, which can be found in 
the docket ID number listed in heading of this unit.

IV. Proposed Effective Date

    EPA is proposing that these tolerance actions would be effective on 
the date of publication of the final rule in the Federal Register. 
However, for actions in the final rule that lower or revoke existing 
tolerances, EPA is proposing an expiration date of six months after the 
date of publication of the final rule in the Federal Register, to allow 
a reasonable interval for producers in exporting members of the World 
Trade Organization's (WTO's) Sanitary and Phytosanitary (SPS) Measures 
Agreement to adapt to the requirements.

V. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders 
can be found at https://www.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Orders 12866: Regulatory Planning and Review and 14094: 
Modernizing Regulatory Review

    This action is exempt from review under Executive Order 12866 (58 
FR 51735) (October 4, 1993), as amended by Executive Order 14094 (88 FR 
21879) (April 11, 2023), because it proposes to establish or modify a 
pesticide tolerance or a tolerance exemption under FFDCA section 408. 
This exemption also applies to tolerance revocations for which 
extraordinary circumstances do not exist. As such, this exemption 
applies to the tolerance revocations in this proposed rule because the 
Agency knows of no extraordinary

[[Page 62497]]

circumstances that warrant reconsideration of this exemption for those 
proposed tolerance revocations.

B. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under 
the PRA 44 U.S.C. 3501 et seq., because it does not contain any 
information collection activities.

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA, 5 
U.S.C. 601 et seq. In making this determination, EPA concludes that the 
impact of concern for this rule is any significant adverse economic 
impact on small entities and that the Agency is certifying that this 
rule will not have a significant economic impact on a substantial 
number of small entities because the rule has no net burden on small 
entities subject to the rule. This determination takes into account an 
EPA analysis for tolerance establishments and modifications that 
published in the Federal Register of May 4, 1981 (46 FR 24950) (FRL-
1809-5) and for tolerance revocations on December 17, 1997 (62 FR 
66020) (FRL-5753-1).
    Additionally, in a 2001 memorandum, EPA determined that eight 
conditions must all be satisfied in order for an import tolerance or 
tolerance exemption revocation to adversely affect a significant number 
of small entity importers, and that there is a negligible joint 
probability of all eight conditions holding simultaneously with respect 
to any particular revocation. See Memorandum from Denise Keehner, 
Division Director, Biological and Economic Analysis Division, Office of 
Pesticide Programs, entitled ``RFA/SBREFA Certification for Import 
Tolerance Revocation'' and dated May 25, 2001, which is available in 
the docket.
    For the pesticides named in this proposed rule, EPA concludes that 
there is no reasonable expectation that residues of the pesticides for 
tolerances listed in this proposed rule for revocation will be found on 
the commodities discussed in this proposed rule, and the Agency knows 
of no extraordinary circumstances that exist as to the present proposed 
rule that would change EPA's previous analyses.
    Any comments about the Agency's determination for this rulemaking 
should be submitted to EPA along with comments on the proposed rule and 
will be addressed in the final rule.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in 
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect 
small governments. The action imposes no enforceable duty on any state, 
local or tribal governments or the private sector.

E. Executive Order 13132: Federalism

    This action does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255) (August 10, 1999), because it will 
not have substantial direct effects on the states, on the relationship 
between the national government and the states, or on the distribution 
of power and responsibilities among the various levels of government.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action does not have tribal implications as specified in 
Executive Order 13175 (65 FR 67249) (November 9, 2000), because it will 
not have substantial direct effects on tribal governments, on the 
relationship between the Federal government and the Indian tribes, or 
on the distribution of power and responsibilities between the Federal 
government and Indian tribes.

G. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    Executive Order 13045 (62 FR 19885) (April 23, 1997) directs 
federal agencies to include an evaluation of the health and safety 
effects of the planned regulation on children in federal health and 
safety standards and explain why the regulation is preferable to 
potentially effective and reasonably feasible alternatives. This action 
is not subject to Executive Order 13045 because it is not a significant 
regulatory action under section 3(f)(1) of Executive Order 12866 (See 
Unit V.A.), and because EPA does not believe the environmental health 
or safety risks addressed by this action present a disproportionate 
risk to children. However, EPA's Policy on Children's Health applies to 
this action.
    This rule proposes tolerance actions under the FFDCA, which 
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 . . .'' (FFDCA 408(b)(2)(C)). 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 these proposed tolerance actions. The Agency's 
consideration is documented in the pesticide specific registration 
review decision documents. See the pesticide specific discussions in 
Unit III. and access the chemical specific registration review 
documents in each chemical docket at https://www.regulations.gov.

H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution or Use

    This action is not subject to Executive Order 13211 (66 FR 28355) 
(May 22, 2001) because it is not a significant regulatory action under 
Executive Order 12866.

I. National Technology Transfer Advancement Act (NTTAA)

    This action does not involve technical standards under the NTTAA 
section 12(d), 15 U.S.C. 272.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 (59 FR 7629) (February 16, 1994) directs 
federal agencies, to the greatest extent practicable and permitted by 
law, to make environmental justice part of their mission by identifying 
and addressing, as appropriate, disproportionately high and adverse 
human health or environmental effects of their programs, policies, and 
activities on minority populations (people of color and/or indigenous 
peoples) and low-income populations. As discussed in more detail in the 
pesticide specific risk assessments conducted as part of the 
registration review for each pesticide as identified in Unit III., EPA 
has considered the safety risks for the pesticides subject to this 
rulemaking and in the context of the tolerance actions set out in this 
rulemaking. EPA believes that the human health and environmental 
conditions that exist prior to this action do not result in 
disproportionate and adverse effects on people of color, low-income 
populations, and/or indigenous peoples. Furthermore, EPA believes that 
this action is not likely to result in new disproportionate and adverse 
effects on people of color, low-income populations and/or indigenous 
peoples.

[[Page 62498]]

List of Subjects in 40 CFR Part 180

    Environmental protection, Administrative practice and procedure, 
Agricultural commodities, Pesticides and pests, Reporting and 
recordkeeping requirements.

    Dated: August 31, 2023.
Edward Messina,
Director, Office of Pesticide Programs.

    Therefore, for the reasons stated in the preamble, it is proposed 
that 40 CFR chapter I be amended 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. Amend Sec.  180.405 by revising paragraph (a)(1) to read as follows:


Sec.  180.405  Chlorsulfuron; tolerances for residues.

    (a) General. (1) Tolerances are established for residues of 
chlorsulfuron, including its metabolites and degradates, in or on the 
commodities in table 1 to this paragraph (a)(1). Compliance with the 
tolerance levels specified in table 1 is to be determined by measuring 
only chlorsulfuron (2-chloro-N-[[(4-methoxy-6-methyl-1,3,5-triazin-2- 
yl)amino]carbonyl]benzenesulfonamide) in or on the commodity.

                       Table 1 to Paragraph (a)(1)
------------------------------------------------------------------------
                                                             Parts per
                        Commodity                             million
------------------------------------------------------------------------
Barley, grain...........................................             0.1
Barley, straw...........................................             0.5
Cattle, fat.............................................             0.3
Cattle, meat............................................             0.3
Cattle, meat byproducts.................................             0.3
Goat, fat...............................................             0.3
Goat, meat..............................................             0.3
Goat, meat byproducts...................................             0.3
Grass, forage...........................................              11
Grass, hay..............................................              19
Hog, fat................................................             0.3
Hog, meat...............................................             0.3
Hog, meat byproducts....................................             0.3
Horse, fat..............................................             0.3
Horse, meat.............................................             0.3
Horse, meat byproducts..................................             0.3
Milk....................................................             0.1
Oat, forage.............................................              20
Oat, grain..............................................             0.1
Oat, straw..............................................             0.5
Sheep, fat..............................................             0.3
Sheep, meat.............................................             0.3
Sheep, meat byproducts..................................             0.3
Wheat, forage...........................................              20
Wheat, grain............................................             0.1
Wheat, straw............................................             0.5
------------------------------------------------------------------------

* * * * *
0
3. Amend Sec.  180.452 by:
0
a. Revising paragraph (a) introductory text, and
0
b. Adding table heading ``Table 1 to Paragraph (a)''.
    The revision reads as follows:


Sec.  180.452  Primisulfuron-methyl; tolerances for residues.

    (a) General. Tolerances are established for residues of 
primisulfuron-methyl, including its metabolites and degradates, in or 
on the commodities in table 1 to this paragraph (a). Compliance with 
the tolerance levels specified in table 1 is to be determined by 
measuring only primisulfuron-methyl (methyl 2-[[[[[4,6-
bis(difluoromethoxy)-2-pyrimidinyl)amino] 
carbonyl]amino]sulfonyl]benzoate) in or on the commodity.
* * * * *
0
4. Amend Sec.  180.459 by:
0
a. Revising paragraph (a) introductory text; and
0
b. Adding table heading ``Table 1 to Paragraph (a)''.
    The revision reads as follows:


Sec.  180.459  Triasulfuron; tolerances for residues.

    (a) General. Tolerances are established for residues of 
triasulfuron, including its metabolites and degradates, in or on the 
commodities in table 1 to this paragraph (a). Compliance with the 
tolerance levels specified in table 1 is to be determined by measuring 
only triasulfuron (2-(2-chloroethoxy)-N-[[(4-methoxy-6-methyl-1,3,5-
triazin-2-yl)amino]carbonyl]benzenesulfonamide) in or on the commodity.
* * * * *
0
5. Amend Sec.  180.479, paragraph (a) by:
0
a. Adding table heading ``Table 1 to Paragraph (a)'' in paragraph 
(a)(1);
0
b. In the Table in paragraph (a)(2):
0
i. Adding table heading ``Table 2 to Paragraph (a)'';
0
ii. Revising the entry ``Asparagus'';
0
iii. Adding in alphabetical order the entry ``Nut, tree, group 14-12'';
0
iv. Removing the entries ``Okra''; ``Pea and bean, succulent shelled, 
subgroup 6'', ``Pistachio'', and ``Vegetable, fruiting, group 8''; and
0
v. Adding in alphabetical order the entry ``Vegetable, fruiting, group 
8-10''.
    The revisions and additions read as follows:


Sec.  180.479  Halosulfuron-methyl; tolerances for residues.

    (2) * * *

                        Table 2 to Paragraph (a)
------------------------------------------------------------------------
                                                             Parts per
                        Commodity                             million
------------------------------------------------------------------------
 
                                * * * * *
Asparagus...............................................               1
 
                                * * * * *
Nut, tree, group 14-12..................................            0.05
 
                                * * * * *
Vegetable, fruiting, group 8-10.........................            0.05
------------------------------------------------------------------------

* * * * *
0
6. Amend Sec.  180.552 by:
0
a. Revising paragraph (a) introductory text;
0
b. Adding the table heading ``Table 1 to Paragraph (a)'' in paragraph 
(a)(1); and
0
c. Removing in Table 1 the entries ``Hog, fat''; ``Hog, meat''; and 
``Hog, meat byproducts''.
    The revision reads as follows:


Sec.  180.552  Sulfosulfuron; tolerances for residues.

    (a) General. Tolerances are established for residues of 
sulfosulfuron (N-[[(4,6-dimethoxy-2-pyrimidinyl)amino]carbonyl]-2-
(ethylsulfonyl)imidazo[1,2-a]pyridine-3-sulfonamide), including its 
metabolites and degradates, in or on the commodities in the table in 
this paragraph. Compliance with the tolerance levels specified in this 
paragraph is to be determined by measuring only those sulfosulfuron 
residues convertible to 2-(ethylsulfonyl)-imidazo[1,2-a]pyridine, 
expressed as the stoichiometric equivalent of sulfosulfuron.
* * * * *
0
7. Amend Sec.  180.580 by:
0
a. Revising paragraph (a) introductory text; and
0
b. Adding table heading ``Table 1 to Paragraph (a)'' in paragraph 
(a)(1).
    The revision reads as follows:


Sec.  180.580  Iodosulfuron-Methyl-sodium; tolerances for residues.

    (a) General. Tolerances are established for residues of the 
herbicide iodosulfuron-methyl-sodium, including its metabolites and 
degradates, in or on the commodities listed in the table in this 
paragraph. Compliance with the tolerance levels specified in this 
paragraph is to be determined by measuring only iodosulfuron-methyl-
sodium (methyl 4-iodo-2-[[[[(4-methoxy-6-methyl-1,3,5-triazin-2- 
yl)amino] carbonyl]amino]sulfonyl] benzoate, sodium salt), calculated 
as the stoichiometric equivalent of

[[Page 62499]]

iodosulfuron-methyl-sodium, in or on the commodity.
* * * * *
0
8. Amend Sec.  180.591 by:
0
a. Revising paragraph (a) introductory text;
0
b. Adding table heading ``Table 1 to Paragraph (a)'' in paragraph 
(a)(1);
0
c. Revising in Table 1 the entries ``Almond'' and ``Almond, hulls''; 
and
0
d. Adding footnote 1 to Table 1.
    The revisions and additions read as follows:


Sec.  180.591  Trifloxysulfuron; tolerances for residues.

    (a) General. Tolerances are established for residues of 
trifloxysulfuron, including its metabolites and degradates, in or on 
the commodities in the table in this paragraph. Compliance with the 
tolerance levels specified in this paragraph is to be determined by 
measuring only trifloxysulfuron, N-[[(4,6-dimethoxy-2-
pyrimidinyl)amino]carbonyl]-3-(2,2,2-trifluoroethoxy)-2-
pyridinesulfonamide.

                        Table 1 to Paragraph (a)
------------------------------------------------------------------------
                                                             Parts per
                        Commodity                             million
------------------------------------------------------------------------
Almond \1\..............................................            0.02
Almond, hulls\1\........................................            0.01
 
                                * * * * *
------------------------------------------------------------------------
\1\ These tolerances expire on [DATE 6 MONTHS AFTER DATE OF PUBLICATION
  IN THE Federal Register].

* * * * *
0
9. Amend Sec.  180.597 by:
0
a. Revising paragraph (a) introductory text; and
0
b. Adding table heading ``Table 1 to Paragraph (a)'' in paragraph 
(a)(1).
    The revision reads as follows:


Sec.  180.597  Mesosulfuron-methyl; tolerances for residues.

    (a) General. Tolerances are established for residues of 
mesosulfuron-methyl, including its metabolites and degradates, in or on 
the commodities in the table in this paragraph. Compliance with the 
tolerance levels specified in this paragraph is to be determined by 
measuring only mesosulfuron-methyl, methyl 2-[[[[(4,6-dimethoxy-2-
pyrimidinyl)amino]carbonyl]amino]sulfonyl]-4-
[[(methylsulfonyl)amino]methyl]benzoate.
* * * * *
[FR Doc. 2023-19513 Filed 9-11-23; 8:45 am]
BILLING CODE 6560-50-P