Extension of Tolerances for Emergency Exemptions; Multiple Chemicals, 75503-75506 [2023-24190]

Download as PDF 75503 Federal Register / Vol. 88, No. 212 / Friday, November 3, 2023 / Rules and Regulations (1) EPA-APPROVED NORTH CAROLINA REGULATIONS—Continued State citation * * * * * * * * [FR Doc. 2023–24033 Filed 11–2–23; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 180 [EPA–HQ–OPP–2023–0507; FRL–11517–01– OCSPP] Extension of Tolerances for Emergency Exemptions; Multiple Chemicals Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: This regulation extends timelimited tolerances for residues of clothianidin, kasugamycin, methyl bromide, and triclopyr in or on various commodities as identified in this document. These actions are in response to EPA’s granting of emergency exemptions under section 18 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) authorizing use of these pesticides. In addition, the Federal Food, Drug, and Cosmetic Act (FFDCA) requires EPA to establish a time-limited tolerance or exemption from the requirement for a tolerance for pesticide chemical residues in food that will result from the use of a pesticide under an emergency exemption granted by EPA under FIFRA. Additionally, EPA is removing time-limited tolerances for residues of flupyradifurone in or on sugar cane and sweet sorghum commodities. DATES: This regulation is effective November 3, 2023. Objections and requests for hearings must be received on or before January 2, 2024 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–2023–0507, 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 lotter on DSK11XQN23PROD with RULES1 SUMMARY: VerDate Sep<11>2014 State effective date Title/subject 16:19 Nov 02, 2023 Jkt 262001 EPA approval date * * 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. Please review the visitor instructions and additional information about the docket available at https://www.epa.gov/dockets. FOR FURTHER INFORMATION CONTACT: Charles Smith, Director, Registration Division (7505P), 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 40 CFR part 180 through the Office of the Federal Register’s e-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, 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– PO 00000 Frm 00027 Fmt 4700 Explanation Sfmt 4700 * * OPP–2023–0507 in the subject line on the first page of your submission. All requests must be in writing and must be received by the Hearing Clerk on or before January 2, 2024. 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– 2023–0507, by one of the following methods: • Federal eRulemaking Portal: https://www.regulations.gov. Follow the online instructions for submitting comments. Do not submit electronically any information you consider to be CBI or other information whose disclosure is restricted by statute. • Mail: OPP Docket, Environmental Protection Agency Docket Center (EPA/ DC), (28221T), 1200 Pennsylvania Ave. NW, Washington, DC 20460–0001. • Hand Delivery: To make special arrangements for hand delivery or delivery of boxed information, please follow the instructions at https:// www.epa.gov/dockets/where-sendcomments-epa-dockets. Additional instructions on commenting or visiting the docket, along with more information about dockets generally, is available at https:// www.epa.gov/dockets. II. Background and Statutory Findings EPA previously published final rules establishing time-limited tolerances in the Federal Register for the chemicals and commodities listed below under FFDCA section 408, 21 U.S.C. 346a. EPA established the tolerances because FFDCA section 408(l)(6) requires EPA to establish a time-limited tolerance or exemption from the requirement for a tolerance for pesticide chemical residues in food that will result from the use of a pesticide under an emergency exemption granted by EPA under FIFRA section 18. Such tolerances can be E:\FR\FM\03NOR1.SGM 03NOR1 lotter on DSK11XQN23PROD with RULES1 75504 Federal Register / Vol. 88, No. 212 / Friday, November 3, 2023 / Rules and Regulations established without providing notice or period for public comment. EPA received requests to extend emergency uses of clothianidin, kasugamycin, methyl bromide, and triclopyr on various commodities for this year’s growing season. After having reviewed the submissions, EPA concurs that emergency conditions continue to exist. EPA assessed the potential risks presented by residues of each chemical in or on the pertinent commodities. In doing so, EPA considered the safety standard in FFDCA section 408(b)(2) and decided that the necessary tolerances under FFDCA section 408(l)(6) would be consistent with the safety standard and with FIFRA section 18. The data and other relevant material have been evaluated and were discussed in the final rules originally establishing the time-limited tolerances. Based on those data and information considered, the Agency reaffirms that extensions of the time-limited tolerances will continue to meet the requirements of FFDCA section 408(l)(6). Therefore, the time-limited tolerances are extended until December 31, 2026. Although these tolerances will expire and are revoked on December 31, 2026, under FFDCA section 408(l)(5), residues of the pesticides not in excess of the amounts specified in the tolerances remaining in or on the commodities after that date will not be unlawful, provided the residues are present as a result of an application or use of a pesticide at a time and manner that was lawful under FIFRA, the tolerance was in place at the time of the application, and the residues do not exceed the level that was authorized by the tolerance. EPA will take action to revoke the tolerances earlier if any experience with, scientific data on, or other relevant information on any of these pesticides indicate that the residues are not safe. EPA will publish a document in the Federal Register to remove the revoked tolerances from the Code of Federal Regulations (CFR). Time-limited tolerances for the use of the following pesticide chemicals on specific commodities as noted are being extended: Clothianidin. Pursuant to a request by the Florida Department of Agriculture and Consumer Services, EPA authorized under FIFRA section 18 the use of clothianidin on citrus for control of the Asian citrus psyllid in Florida. This regulation extends a time-limited tolerance for residues of the insecticide clothianidin and its metabolites and degradates in or on fruit, citrus, group 10–10 at 0.07 parts per million (ppm) for an additional 3-year period. This tolerance will expire and is revoked on VerDate Sep<11>2014 16:19 Nov 02, 2023 Jkt 262001 December 31, 2026. The time-limited tolerance was originally published in the Federal Register of February 25, 2015 (80 FR 10003) (FRL–9919–59). Flupyradifurone. The time-limited tolerances are being removed at 40 CFR 180.679(b) for residues of the insecticide flupyradifurone and its metabolites in or on sorghum, syrup at 90.0 ppm and sweet sorghum, forage at 30.0 ppm which expired on December 31, 2022; and in or on sugarcane, cane at 3 ppm and sugarcane, molasses at 90 ppm, which expire on December 31, 2023. The applicant has not submitted a request for further use of flupyradifurone sugarcane; and use on sweet sorghum gained registration under Section 3 of FIFRA. The timelimited tolerances were originally published in the Federal Register of June 25, 2021 (86 FR 21944) (FRL– 10029–49). Kasugamycin. Pursuant to a request by the California Department of Pesticide Regulation, EPA authorized under FIFRA section 18 the use of kasugamycin on almonds for control of bacterial blast in California. This regulation extends time-limited tolerances for residues of the pesticide kasugamycin and its metabolites and degradates in or on almond at 0.04 (ppm); and almond hulls at 0.4 ppm for an additional 3-year period. The tolerances will expire and are revoked on December 31, 2026. The time-limited tolerances were originally published in the Federal Register of October 8, 2020 (85 FR 63450) (FRL–10013–94). Methyl bromide. Pursuant to a request by the US Department of Agriculture, Animal and Plant Health Inspection Service, EPA authorized under FIFRA section 18 the use of methyl bromide on certain imported and domestic commodities, post-harvest for control of invasive non-indigenous quarantine plant pests and to prevent the introduction and/or spread of any new or recently introduced foreign pests to the United States. This regulation extends time-limited tolerances for residues of the pesticide methyl bromide, including its metabolites and degradates, in or on the commodities identified in 40 CFR 180.124(b) (and listed in the regulatory text section of this document) at the levels listed for an additional 3-year period. The tolerances will expire and are revoked on December 31, 2026. The time-limited tolerances were originally published in the Federal Register of March 1, 2018 (83 FR 8758) (FRL–9971–19) and October 16, 2020 (85 FR 65729) (FRL– 10014–31). Triclopyr. Pursuant to a request by the Louisiana Department of Agriculture PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 and Forestry, EPA authorized under FIFRA section 18 the use of triclopyr on sugarcane for control of divine nightshade in Louisiana. This regulation extends a time-limited tolerance for residues of the herbicide triclopyr and its metabolites and degradates in or on sugarcane, cane at 40 ppm for an additional 3-year period. The tolerance will expire and is revoked on December 31, 2026. A time-limited tolerance was originally published in the Federal Register of June 8, 2017 (82 FR 26599) (FRL–9961–29). III. International Residue Limits In making its tolerance decisions, EPA seeks to harmonize U.S. tolerances with international standards whenever possible, consistent with U.S. food safety standards and agricultural practices. EPA considers the international maximum residue limits (MRLs) established by the Codex Alimentarius Commission (Codex), as required by FFDCA section 408(b)(4). The Codex Alimentarius is a joint United Nations Food and Agriculture Organization/World Health Organization food standards program, and it is recognized as an international food safety standards-setting organization in trade agreements to which the United States is a party. EPA may establish a tolerance that is different from a Codex MRL; however, FFDCA section 408(b)(4) requires that EPA explain the reasons for departing from the Codex level. The Codex has not established any MRLs for flupyradifurone, kasugamycin, methyl bromide, or triclopyr in or on the commodities listed in this document. The Codex has established an MRL for clothianidin in or on citrus at 0.07 ppm, the same as the tolerance established for fruit, citrus, group 10–10 in the United States. Therefore, there are no harmonization issues. IV. Statutory and Executive Order Reviews This action establishes tolerances under FFDCA section 408(d). The Office of Management and Budget (OMB) has exempted these types of actions from review under Executive Order 12866, entitled ‘‘Regulatory Planning and Review’’ (58 FR 51735, October 4, 1993). Because this action has been exempted from review under Executive Order 12866, this action is not subject to Executive Order 13211, entitled ‘‘Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use’’ (66 FR 28355, May 22, 2001) or Executive Order 13045, entitled ‘‘Protection of Children from Environmental Health Risks and Safety E:\FR\FM\03NOR1.SGM 03NOR1 Federal Register / Vol. 88, No. 212 / Friday, November 3, 2023 / Rules and Regulations 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 in accordance with FFDCA sections 408(e) and 408(l)(6), such as the tolerances in this final rule, do not require the issuance of a proposed rule, the requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.), do not apply. This action directly regulates growers, food processors, food handlers, and food retailers, not States or Tribes, nor does this action alter the relationships or distribution of power and responsibilities established by Congress in the preemption provisions of FFDCA section 408(n)(4). As such, the Agency has determined that this action will not have a substantial direct effect on States or Tribal Governments, on the relationship between the National Government and the States or Tribal Governments, or on the distribution of power and responsibilities among the various levels of government or between the Federal Government and Indian Tribes. Thus, the Agency has determined that Executive Order 13132, entitled ‘‘Federalism’’ (64 FR 43255, August 10, 1999) and Executive Order 13175, entitled ‘‘Consultation and Coordination with Indian Tribal Governments’’ (65 FR 67249, November 9, 2000) do not apply to this action. In addition, this action does not impose any enforceable duty or contain any unfunded mandate as described under Title II of the Unfunded Mandates Reform Act (UMRA) (2 U.S.C. 1501 et seq.). This action does not involve any technical standards that would require Agency consideration of voluntary consensus standards pursuant to section 12(d) of the National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note). V. Congressional Review Act Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.), EPA 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 75505 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: October 27, 2023. Charles Smith, Director, Registration Division, Office of Pesticide Programs. Therefore, for the reasons stated in the preamble, EPA is amending 40 CFR chapter I as follows: PART 180—TOLERANCES AND EXEMPTIONS FOR PESTICIDE CHEMICAL RESIDUES IN FOOD 1. The authority citation for part 180 continues to read as follows: ■ Authority: 21 U.S.C. 321(q), 346a and 371. 2. In § 180.124, revise table 2 to paragraph (b) to read as follows: ■ § 180.124 Methyl bromide; tolerances for residues. * * * (b) * * * * * TABLE 2 TO PARAGRAPH (b) Parts per million lotter on DSK11XQN23PROD with RULES1 Commodity Berry and small fruit, group 13–07 .................................................................................................................... Cactus ................................................................................................................................................................ Coconut, copra .................................................................................................................................................. Coffee, green bean ............................................................................................................................................ Cola, seed .......................................................................................................................................................... Cucurbit, seed .................................................................................................................................................... Fig ...................................................................................................................................................................... Fruit, citrus, group 10–10 .................................................................................................................................. Fruit, stone, group 12–12 .................................................................................................................................. Fruit, tropical and subtropical, edible peel, group 23 ........................................................................................ Fruit, tropical and subtropical, inedible peel, group 24 ..................................................................................... Herb and spice, group 19 .................................................................................................................................. Hibiscus, seed ................................................................................................................................................... Ivy gourd ............................................................................................................................................................ Kaffir lime, leaves .............................................................................................................................................. Kenaf, seed ........................................................................................................................................................ Oilseed group 20 ............................................................................................................................................... Peppermint, tops ................................................................................................................................................ Pointed gourd .................................................................................................................................................... Spearmint, tops .................................................................................................................................................. Vegetable, bulb, group 3–07 ............................................................................................................................. Vegetable, cucurbit, group 9 ............................................................................................................................. Vegetable, foliage of legume, group 7 .............................................................................................................. Vegetable, fruiting, group 8–10 ......................................................................................................................... Vegetable, head and stem Brassica, group 5–16 ............................................................................................. Vegetable, leafy, group 4–16 ............................................................................................................................ Vegetable, leaves of root and tuber, group 2 ................................................................................................... Vegetable, legume, group 6 .............................................................................................................................. Vegetable, root and tuber, group 1 ................................................................................................................... Vegetable, stalk, stem and leaf petiole, group 22 ............................................................................................. VerDate Sep<11>2014 16:19 Nov 02, 2023 Jkt 262001 PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 E:\FR\FM\03NOR1.SGM 03NOR1 5.0 3.0 8.0 150 150 150 10 2 5.0 10 5.0 35 150 5.0 0.50 150 150 35 5.0 35 2.0 5.0 0.50 7.0 1.0 0.50 0.50 3.0 3.0 0.50 Expiration/ revocation date 12/31/26 12/31/26 12/31/26 12/31/26 12/31/26 12/31/26 12/31/26 12/31/26 12/31/26 12/31/26 12/31/26 12/31/26 12/31/26 12/31/26 12/31/26 12/31/26 12/31/26 12/31/26 12/31/26 12/31/26 12/31/26 12/31/26 12/31/26 12/31/26 12/31/26 12/31/26 12/31/26 12/31/26 12/31/26 12/31/26 75506 Federal Register / Vol. 88, No. 212 / Friday, November 3, 2023 / Rules and Regulations § 180.417 Triclopyr; tolerances for residues. * * * * * 3. In § 180.417, revise table 3 to paragraph (b) to read as follows: ■ * * * * (b) * * * * TABLE 3 TO PARAGRAPH (b) Commodity Parts per million Expiration/ revocation date Sugarcane, cane ................................................................................................................................................ 40 12/31/26 * * * * entry for ‘‘Fruit, citrus, group 10–10’’ in the table to read as follows: * 4. In § 180.586, add a heading to the table in paragraph (b) and revise the ■ § 180.586 Clothianidin; tolerances for residues. * * * (b) * * * * * TABLE 3 TO PARAGRAPH (b) Commodity Parts per million Expiration/ revocation date Fruit, citrus, group 10–10 ................................................................................................................................... 0.07 12/31/26 * * * § 180.679 * * * * * [Amended] 5. In § 180.679, remove and reserve paragraph (b). ■ [FR Doc. 2023–24190 Filed 11–2–23; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 17 [Docket No. FWS–HQ–ES–2018–0097; FF09E22000 FXES1113090FEDR 223] RIN 1018–BD60 Endangered and Threatened Wildlife and Plants; Reinstatement of Endangered Species Act Protections for the Gray Wolf (Canis Lupus) in Compliance With Court Order Fish and Wildlife Service, Interior. ACTION: Final rule. AGENCY: We, the U.S. Fish and Wildlife Service (Service), are issuing this final rule to comply with a district court order that vacated our November 3, 2020, rule removing the gray wolf (Canis lupus) from the List of Endangered and Threatened Wildlife. As a result of the court’s order, the regulatory protections under the Endangered Species Act of 1973, as amended (Act), apply to the gray wolf in all or portions of the 45 U.S. States and Mexico where the species was listed at the time we issued the delisting lotter on DSK11XQN23PROD with RULES1 SUMMARY: VerDate Sep<11>2014 16:19 Nov 02, 2023 Jkt 262001 * * rule. The court order went into effect on February 10, 2022, and is the subject of several consolidated, pending appeals in the Ninth Circuit. While those appeals are pending, the Service is bound by the district court’s order. Thus, this final rule implements the court’s order by correcting the Code of Federal Regulations and officially reinstating threatened status for gray wolf in Minnesota; endangered status for gray wolf in all or portions of the remaining 44 U.S. States and Mexico where the species was listed prior to our November 2020 delisting rule; critical habitat for gray wolf in Minnesota and Michigan; and the rule promulgated under section 4(d) of the Act for gray wolf in Minnesota. Gray wolves in Montana, Idaho, Wyoming, the eastern third of Washington and Oregon, and north-central Utah (collectively, the Northern Rocky Mountains) retain their delisted status and are not affected by this final rule. This rule does not have any effect on the separate listing of the Mexican wolf subspecies (Canis lupus baileyi) as endangered under the Act. DATES: This action is effective November 3, 2023. However, the court order had legal effect immediately upon its filing on February 10, 2022. ADDRESSES: This final rule is available on the internet at https:// www.regulations.gov in Docket No. FWS–HQ–ES–2018–0097. FOR FURTHER INFORMATION CONTACT: Rachel London, Chief, Branch of Delisting and Foreign Species, Ecological Services, U.S. Fish and Wildlife Service, Headquarters Office, MS:ES, 5275, Leesburg Pike, Falls PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 * * Church, VA 22041–3803; telephone (703) 358–2491. Individuals in the United States who are deaf, deafblind, hard of hearing, or have a speech disability may dial 711 (TTY, TDD, or TeleBraille) to access telecommunications relay services. Individuals outside the United States should use the relay services offered within their country to make international calls to the point-ofcontact in the United States. SUPPLEMENTARY INFORMATION: Background On November 3, 2020, we published a final rule to remove the gray wolf entities that were listed at that time in the lower 48 United States and Mexico from the Federal List of Endangered and Threatened Wildlife in title 50 of the Code of Federal Regulations (CFR) at 50 CFR 17.11(h) (85 FR 69778; hereafter referred to as ‘‘our 2020 delisting rule’’). Additional background information on the gray wolf in the lower 48 United States and Mexico and on that rulemaking decision, including previous Federal actions, can be found in our 2020 delisting rule. The rule became effective on January 4, 2021. Three lawsuits challenging our 2020 delisting rule were filed in the U.S. District Court for the Northern District of California. Defenders of Wildlife v. U.S. Fish and Wildlife Service, No. 21– 00344 (N.D. Cal.), WildEarth Guardians v. Bernhardt, No. 21–00349 (N.D. Cal.), NRDC v. U.S. Department of the Interior, No. 21–00561 (N.D. Cal.). On February 10, 2022, the district court vacated and remanded our 2020 E:\FR\FM\03NOR1.SGM 03NOR1

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