Rule2022-21719
Methoxyfenozide; Pesticide Tolerances
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 11, 2022
Effective
October 11, 2022
Issuing agencies
Environmental Protection Agency
Abstract
This regulation establishes tolerances for residues of methoxyfenozide in or on multiple crops detailed later in this document. The Interregional Research Project Number 4 (IR-4) requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).
Full Text
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<title>Federal Register, Volume 87 Issue 195 (Tuesday, October 11, 2022)</title>
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[Federal Register Volume 87, Number 195 (Tuesday, October 11, 2022)]
[Rules and Regulations]
[Pages 61259-61267]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-21719]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[EPA-HQ-OPP-2020-0336; FRL-9525-01-OCSPP]
Methoxyfenozide; Pesticide Tolerances
AGENCY: Environmental Protection Agency (EPA).
[[Page 61260]]
ACTION: Final rule.
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SUMMARY: This regulation establishes tolerances for residues of
methoxyfenozide in or on multiple crops detailed later in this
document. The Interregional Research Project Number 4 (IR-4) requested
these tolerances under the Federal Food, Drug, and Cosmetic Act
(FFDCA).
DATES: This regulation is effective October 11, 2022. Objections and
requests for hearings must be received on or before December 12, 2022,
and must be filed in accordance with the instructions provided in 40
CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).
ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPP-2020-0336, is available at
<a href="https://www.regulations.gov">https://www.regulations.gov</a> 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 and access, visit <a href="https://www.epa.gov/dockets">https://www.epa.gov/dockets</a>.
FOR FURTHER INFORMATION CONTACT: Marietta Echeverria, Acting 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:
<a href="/cdn-cgi/l/email-protection#e3b1a7a5b1ad8c978a808690a3869382cd848c95"><span class="__cf_email__" data-cfemail="95c7d1d3c7dbfae1fcf6f0e6d5f0e5f4bbf2fae3">[email protected]</span></a>.
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:
<bullet> Crop production (NAICS code 111).
<bullet> Animal production (NAICS code 112).
<bullet> Food manufacturing (NAICS code 311).
<bullet> 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-CFR site at <a href="https://www.ecfr.gov/current/title-40">https://www.ecfr.gov/current/title-40</a>.
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-2020-0336 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
December 12, 2022. Addresses for mail and hand delivery of objections
and hearing requests are provided in 40 CFR 178.25(b).
In addition to filing an objection or hearing request with the
Hearing Clerk as described in 40 CFR part 178, please submit a copy of
the filing (excluding any Confidential Business Information (CBI)) for
inclusion in the public docket. Information not marked confidential
pursuant to 40 CFR part 2 may be disclosed publicly by EPA without
prior notice. Submit the non-CBI copy of your objection or hearing
request, identified by docket ID number EPA-HQ-OPP-2020-0336, by one of
the following methods:
<bullet> Federal eRulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
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.
<bullet> Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW, Washington, DC
20460-0001.
<bullet> Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at <a href="https://www.epa.gov/dockets/where-send-comments-epa-dockets">https://www.epa.gov/dockets/where-send-comments-epa-dockets</a>.
Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at <a href="https://www.epa.gov/dockets">https://www.epa.gov/dockets</a>.
II. Summary of Petitioned-For Tolerance
In the Federal Register of September 30, 2020 (85 FR 61681) (FRL-
10014-74) 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
0E8833) by IR-4, North Carolina State University, 1730 Varsity Drive,
Venture IV, Suite 210, Raleigh, NC 27606. The petition requested that
40 CFR 180.544 be amended by establishing tolerances for residues of
the insecticide, methoxyfenozide, including its metabolites and
degradates. Compliance with the tolerance levels is to be determined by
measuring only methoxyfenozide (3-methoxy-2-methylbenzoic acid 2-(3,5-
dimethylbenzoyl)-2-(1,1-dimethylethyl) hydrazide) in or on multiple
commodities that are listed out in the petition and in the regulatory
text. That document referenced a summary of the petition submitted by
IR-4, the petitioner, which is available in the docket, <a href="https://www.regulations.gov">https://www.regulations.gov</a>. A comment was received in response to the notice
of filing; however, it was unrelated to methoxyfenozide specifically or
to pesticides in general.
Based upon review of the data supporting the petition, EPA is
establishing some tolerances at different levels than petitioned for
and many of the commodity definitions have been modified as well. A
discussion of these modifications can be found in section IV.C.
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 . .
. .''
[[Page 61261]]
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 methoxyfenozide, including exposure
resulting from the tolerances established by this action. EPA's
assessment of exposures and risks associated with methoxyfenozide
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 rulemaking of the same pesticide
chemical. Where scientific information concerning a particular chemical
remains unchanged, the content of those sections would not vary between
tolerance rulemaking, 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 a tolerance rulemaking for
methoxyfenozide in which EPA concluded, based on the available
information, that there is a reasonable certainty that no harm would
result from aggregate exposure to methoxyfenozide and established
tolerances for residues of that chemical. EPA is incorporating
previously published sections from that rulemaking as described further
in this rulemaking, as they remain unchanged.
Toxicological profile. For a discussion of the Toxicological
Profile of methoxyfenozide, see Unit III.A. of the methoxyfenozide
tolerance rulemaking published in the Federal Register of March 12,
2019 (84 FR 8820) (FRL-9985-06).
Toxicological points of departure/Levels of concern. For a summary
of the Toxicological Points of Departure/Levels of Concern for
methoxyfenozide used for human risk assessment, please reference Unit
III.B. of the March 12, 2019, rulemaking.
Exposure assessment. The exposure assessment has been updated to
include the new regional use on rice and the crop group expansions and
conversions but uses the same previous assumptions of tolerance level
residues and 100 percent crop treated (PCT). For a description of the
previous approach to and assumptions for the exposure assessment,
please reference Unit III.C. of the March 12, 2019, rulemaking.
Drinking water exposure. EPA has revised the methoxyfenozide
drinking water assessment since the March 12, 2019, rulemaking to
reflect the new regional use on rice. Based on the Tier 1 Rice Model,
the new estimated drinking water concentration for the chronic dietary
assessment is 232 ppb.
Non-occupational exposure. Lastly, the residential assessment has
also been updated to reflect current Agency policy. In the March 12,
2019, rulemaking, a residential assessment was conducted. However, the
Agency now assumes that when labels require specific clothing and/or
personal protective equipment (PPE) such products are not for
residential use. The methoxyfenozide label requires specific clothing
and/or PPE; therefore, the Agency has made the assumption that the
registered methoxyfenozide labels are not intended for use by
residential handlers and a quantitative residential handler assessment
has not been conducted. The approach to assessing post-application
exposure is the same as described in Unit III.C.3 of the March 12,
2019, rulemaking.
Cumulative Effects from Substances with a Common Mechanism of
Toxicity. 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.'' In 2016, EPA's Office of
Pesticide Programs released a guidance document entitled Pesticide
Cumulative Risk Assessment: Framework for Screening Analysis (<a href="https://www.epa.gov/pesticide-science-and-assessing-pesticide-risks/pesticide-cumulative-risk-assessment-framework">https://www.epa.gov/pesticide-science-and-assessing-pesticide-risks/pesticide-cumulative-risk-assessment-framework</a>). This document provides guidance
on how to screen groups of pesticides for cumulative evaluation using a
two-step approach beginning with the evaluation of available
toxicological information and if necessary, followed by a risk-based
screening approach. This framework supplements the existing guidance
documents for establishing common mechanism groups (CMGs) and
conducting cumulative risk assessments (CRA).
The Agency used this framework for methoxyfenozide and determined
that the diazylhydrazine class of insecticides (methoxyfenozide,
halofenozide and tebufenozide) form a candidate CMG. This group of
pesticides is considered a candidate CMG because there is sufficient
toxicological data to suggest a common mechanism of toxicity. Following
this determination, the Agency conducted a screening-level cumulative
risk assessment consistent with the 2016 guidance document. This
assessment included only methoxyfenozide and tebufenozide since there
are no registered uses for halofenozide. The Agency has updated the
cumulative dietary and residential aggregate exposure estimates for
methoxyfenozide and tebufenozide to take into account the new regional
use on rice and crop group expansions and conversions for
methoxyfenozide. The updated assessment indicates that cumulative
dietary and aggregate exposures for methoxyfenozide and tebufenozide
are not of concern. For more information see Appendix F of the document
titled ``Methoxyfenozide. Human Health Risk Assessment for the Petition
to Establish Permanent Tolerances, and Associated Section 3
Registration, for Residues Resulting from Use of the Insecticide on
Rice, and Crop Group Conversions and Expansions'' in docket ID number
EPA-HQ-OPP-2020-0336.
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 March 12, 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
aggregate exposure estimates to the acute population adjusted dose
(aPAD) and chronic population adjusted dose (cPAD). Short-,
intermediate-, and chronic-term risks are evaluated by comparing the
estimated aggregate food, water, and residential exposure to the
appropriate points of departure to ensure that an adequate margin of
exposure (MOE) exists. For linear cancer risks, EPA calculates the
lifetime probability of acquiring cancer given the estimated aggregate
exposure.
An acute dietary risk assessment was not needed for methoxyfenozide
since no toxic effects attributable to a single dose were identified in
the toxicity database. Chronic dietary risks are below the Agency's
level of concern of 100% of the cPAD; they are 80% of the cPAD for
children 1 to 2 years old, the group with the highest exposure. There
are currently no residential handler uses for methoxyfenozide, and none
are pending before the Agency. Therefore short- and intermediate-term
exposure to methoxyfenozide is not expected and the short- and
intermediate-term risk is equivalent to the chronic dietary risk, which
is not of concern. Methoxyfenozide is classified as ``Not Likely to Be
Carcinogenic to Humans'';
[[Page 61262]]
therefore, EPA does not expect methoxyfenozide exposures to pose an
aggregate cancer risk.
Determination of safety. 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 methoxyfenozide
residues. More detailed information on this action can be found in the
document titled ``Methoxyfenozide. Human Health Risk Assessment for the
Petition to Establish Permanent Tolerances, and Associated Section 3
Registration, for Residues Resulting from Use of the Insecticide on
Rice, and Crop Group Conversions and Expansions'' in docket ID EPA-HQ-
OPP-2020-0336.
IV. Other Considerations
A. Analytical Enforcement Methodology
For a discussion of the available analytical enforcement method,
see Unit IV.A. of the March 12, 2019, rulemaking.
B. International Residue Limits
In making its tolerance decisions, EPA seeks to harmonize U.S.
tolerances with international standards whenever possible, consistent
with U.S. food safety standards and agricultural practices. EPA
considers the international maximum residue limits (MRLs) established
by the Codex Alimentarius Commission (Codex), as required by FFDCA
section 408(b)(4).
The tolerance for Cottonseed subgroup 20C is set at 7 ppm to
harmonize with the Codex MRL. In addition, although EPA has not yet
implemented the new subgroups to replace the established subgroups 6A,
6B, and 6C, the tolerances for each of the individual commodities that
will fall under the future subgroups 6-22A, 6-22B, 6-22C, 6-22D, 6-22E,
and 6-22F, are harmonized with Codex, except for ``pea, black-eyed,
seed'' and ``pea, southern, seed,'' which have existing, higher MRLs
that are not being modified. Tolerances for commodities that will be in
future subgroups 6-22A and 6-22B are set at 2 ppm, and those in future
subgroups 6-22C and 6-22D are set at 0.3 ppm to harmonize with Codex.
The Agency is not harmonizing with Codex by setting higher tolerances
for Field pea (Codex-5 ppm) and Cowpea (Codex-3 ppm) as the increase
would be too great and is not supported by previously submitted data.
There are additional commodities covered by this rule that are not
harmonized with Codex. The explanation for the deviations can be found
in Appendix E of the document titled ``Methoxyfenozide. Human Health
Risk Assessment for the Petition to Establish Permanent Tolerances, and
Associated Section 3 Registration, for Residues Resulting from Use of
the Insecticide on Rice, and Crop Group Conversions and Expansions'' in
docket ID number EPA-HQ-OPP-2020-0336.
C. Revisions to Petitioned-For Tolerances
FFDCA section 408(d)(4)(A)(i) permits the Agency to finalize a
tolerance that varies from that sought by the petition. The proposed
tolerance on Rice, straw is not being established because the Agency no
longer considers it a significant livestock feed item. EPA is
establishing some tolerances at different levels than petitioned-for to
be consistent with Organization for Economic Co-operation and
Development (OECD) rounding practice. EPA is not establishing a
tolerance for edible podded pea, edible podded because it is not a
distinct commodity requiring a tolerance.
Many of the proposed commodity definitions have been revised to be
consistent with Agency nomenclature.
V. Conclusion
Therefore, tolerances are established for residues of
methoxyfenozide in or on Bean, adzuki, dry seed at 0.5 ppm; Bean,
American potato, dry seed at 0.5 ppm; Bean, asparagus, edible podded at
2 ppm; Bean, asparagus, dry seed at 0.5 ppm; Bean, black, dry seed at
0.5 ppm; Bean, broad, dry seed at 0.5 ppm; Bean, broad, succulent
shelled at 0.3 ppm; Bean, catjang, edible podded at 2 ppm; Bean,
catjang, dry seed at 0.5 ppm; Bean, catjang, succulent shelled at 0.3
ppm; Bean, cranberry, dry seed at 0.5 ppm; Bean, dry, dry seed at 0.5
ppm; Bean, field, dry seed at 0.5 ppm; Bean, French, dry seed 0.5 ppm;
Bean, French, edible podded at 2 p.m.; Bean, garden, dry seed at 0.5
ppm; Bean, garden, edible podded at 2 ppm; Bean, goa, dry seed at 0.5
ppm; Bean, goa, edible podded at 2 ppm; Bean, goa, succulent shelled at
0.3 ppm; Bean, great northern, dry seed at 0.5 ppm; Bean, green, dry
seed at 0.5 ppm; Bean, green, edible podded at 2 ppm; Bean, guar, dry
seed at 0.5 ppm; Bean, guar, edible podded at 2 ppm; Bean, kidney, dry
seed at 0.5 ppm; Bean, kidney, edible podded at 2 ppm; Bean, lablab,
dry seed at 0.5 ppm; Bean, lablab, edible podded at 2 ppm; Bean,
lablab, succulent shelled at 0.3 ppm; Bean, lima, dry seed at 0.5 ppm;
Bean, lima, succulent shelled at 0.3 ppm; Bean, morama, dry seed at 0.5
ppm; Bean, moth, dry seed at 0.5 ppm; Bean, moth, edible podded at 2
ppm; Bean, moth, succulent shelled at 0.3 ppm; Bean, mung, dry seed at
0.5 ppm; Bean, mung, edible podded at 2 ppm; Bean, navy, dry seed 0.5
ppm; Bean, navy, edible podded at 2 ppm; Bean, pink, dry seed at 0.5
ppm; Bean, pinto, dry seed at 0.5 ppm; Bean, red, dry seed at 0.5 ppm;
Bean, rice, dry seed at 0.5 ppm; Bean, rice, edible podded at 2 ppm;
Bean, scarlet runner, dry seed at 0.5 ppm; Bean, scarlet runner, edible
podded at 2 ppm; Bean, scarlet runner, succulent shelled at 0.3 ppm;
Bean, snap, edible podded at 2 ppm; Bean, sword, dry seed at 0.5 ppm;
Bean, sword, edible podded at 2 ppm; Bean, tepary, dry seed at 0.5 ppm;
Bean, urd, dry seed at 0.5 ppm; Bean, urd, edible podded at 2 ppm;
Bean, wax, edible podded at 2 ppm; Bean, wax, succulent shelled at 0.3
ppm; Bean, yardlong, dry seed at 0.5 ppm; Bean, yardlong, edible podded
at 2 ppm; Bean, yellow, dry seed at 0.5 ppm; Celtuce at 25 ppm;
Chickpea, dry seed at 0.5 ppm; Chickpea, edible podded at 2 ppm;
Chickpea, succulent shelled at 0.3 ppm; Cottonseed subgroup 20C at 7
ppm; Cowpea, dry seed at 0.5 ppm; Cowpea, edible podded at 2 ppm;
Cowpea, succulent shelled at 0.3 ppm; Fennel, Florence, fresh leaves
and stalk at 25 ppm; Gram, horse, dry seed at 0.5 ppm; Grass pea, dry
seed at 0.5 ppm; Grass pea, edible podded at 2 ppm; Jackbean, dry seed
at 0.5 ppm; Jackbean, edible podded at 2 ppm; Jackbean, succulent
shelled at 0.3 ppm; Kohlrabi at 7 ppm; Leaf petiole vegetable subgroup
22B at 25 ppm; Lentil, dry seed at 0.5 ppm; Lentil, edible podded at 2
ppm; Lentil, succulent shelled at 0.3 ppm; Longbean, Chinese, dry seed
at 0.5 ppm; Longbean, Chinese, edible podded at 2 ppm; Lupin, Andean,
dry seed at 0.5 ppm; Lupin, Andean, succulent shelled at 0.3 ppm;
Lupin, blue, dry seed at 0.5 ppm; Lupin, blue, succulent shelled at 0.3
ppm; Lupin, grain, dry seed at 0.5 ppm; Lupin, grain, succulent shelled
at 0.3 ppm; Lupin, sweet white, dry seed at 0.5 ppm; Lupin, sweet
white, succulent shelled at 0.3 ppm; Lupin, sweet, dry seed at 0.5 ppm;
Lupin, sweet, succulent shelled at 0.3 ppm; Lupin, white, dry seed at
0.5 ppm; Lupin, white, succulent shelled at 0.3 ppm; Lupin, yellow, dry
seed at 0.5 ppm; Lupin, yellow, succulent shelled at 0.3 ppm; Pea,
blackeyed, succulent shelled at 0.3 ppm; Pea, crowder, dry seed at 0.5
ppm; Pea, crowder, succulent shelled at 0.3 ppm; Pea, dry, dry seed at
0.5 ppm; Pea, dwarf, edible podded at 2 ppm; Pea, English, succulent
shelled at 0.3 ppm; Pea, field, dry seed at 0.5 ppm; Pea, garden, dry
seed at 0.5 ppm; Pea,
[[Page 61263]]
garden, succulent shelled at 0.3 ppm; Pea, green, dry seed at 0.5 ppm;
Pea, green, edible podded at 2 ppm; Pea, green, succulent shelled at
0.3 ppm; Pea, pigeon, dry seed at 0.5 ppm; Pea, pigeon, edible podded
at 2 ppm; Pea, pigeon, succulent shelled at 0.3 ppm; Pea, snap, edible
podded at 2 ppm; Pea, snow, edible podded at 2 ppm; Pea, southern,
succulent shelled at 0.3 ppm; Pea, sugar snap, edible podded at 2 ppm;
Pea, winged, dry seed at 0.5 ppm; Pea, winged, edible podded at 2 ppm;
Soybean, vegetable, dry seed at 0.5 ppm; Soybean, vegetable, edible
podded at 2 ppm; Soybean, vegetable, succulent shelled at 0.3 ppm;
Tropical and subtropical, palm fruit, edible peel, subgroup 23C at 8
ppm; Tropical and subtropical, small fruit, inedible peel, subgroup 24A
at 2 ppm; Vegetable, brassica, head and stem, group 5-16 at 7 ppm;
Vegetable, leafy, group 4-16 at 30 ppm; Velvetbean, dry seed at 0.5
ppm; Velvetbean, edible podded at 2 ppm; Velvetbean, succulent shelled
at 0.3 ppm; and Yam bean, African, dry seed at 0.5 ppm.
Also, tolerances for regional registration are established for
Rice, grain at 30 ppm; and Rice, hulls at 55 ppm.
The following tolerances are removed as unnecessary due to the
establishment of the above tolerances: Brassica, head and stem,
subgroup 5A; Brassica, leafy greens, subgroup 5B; Cotton, undelinted
seed; Date; Leaf petioles subgroup 4B; Leafy greens subgroup 4A;
Longan; Lychee; Pea and bean, dried shelled, except soybean, subgroup
6C, except pea, blackeyed, seed and pea, southern, seed; Pea and bean,
succulent shelled, subgroup 6B; Spanish lime; Turnip greens; and
Vegetable, legume, edible podded, subgroup 6A. In addition, the Section
18 emergency exemption time-limited tolerances for Rice, bran and Rice,
grain are removed as unnecessary due to the establishment of the
tolerances for regional registration.
VI. Statutory and Executive Order Reviews
This action establishes tolerances under FFDCA section 408(d) in
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: September 29, 2022.
Marietta Echeverria,
Acting 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. Amend Sec. 180.544:
0
a. In paragraph (a)(1) by:
0
i. Adding a table heading.
0
ii. Adding in alphabetical order entries for ``Bean, adzuki, dry
seed''; ``Bean, American potato, dry seed''; ``Bean, asparagus, edible
podded''; ``Bean, asparagus, dry seed''; ``Bean, black, dry seed'';
``Bean, broad, dry seed''; ``Bean, broad, succulent shelled''; ``Bean,
catjang, edible podded''; ``Bean, catjang, dry seed''; ``Bean, catjang,
succulent shelled''; ``Bean, cranberry, dry seed''; ``Bean, dry, dry
seed''; ``Bean, field, dry seed''; ``Bean, French, dry seed''; ``Bean,
French, edible podded''; ``Bean, garden, dry seed''; ``Bean, garden,
edible podded''; ``Bean, goa, dry seed''; ``Bean, goa, edible podded'';
``Bean, goa, succulent shelled''; ``Bean, great northern, dry seed'';
``Bean, green, dry seed''; ``Bean, green, edible podded''; ``Bean,
guar, dry seed''; ``Bean, guar, edible podded''; ``Bean, kidney, dry
seed''; ``Bean, kidney, edible podded''; ``Bean, lablab, dry seed'';
``Bean, lablab, edible podded''; ``Bean, lablab, succulent shelled'';
``Bean, lima, dry seed''; ``Bean, lima, succulent shelled''; ``Bean,
morama, dry seed''; ``Bean, moth, dry seed''; ``Bean, moth, edible
podded''; ``Bean, moth, succulent shelled''; ``Bean, mung, edible
podded''; ``Bean, navy, dry seed''; ``Bean, navy, edible podded'';
``Bean, pink, dry seed''; ``Bean, pinto, dry seed''; ``Bean, red, dry
seed''; ``Bean, rice, dry seed''; ``Bean, rice, edible podded'';
``Bean, scarlet runner, dry seed''; ``Bean, scarlet runner, edible
podded''; ``Bean, scarlet runner, succulent shelled''; ``Bean, snap,
[[Page 61264]]
edible podded''; ``Bean, sword, dry seed''; ``Bean, sword, edible
podded''; ``Bean, tepary, dry seed''; ``Bean, urd, dry seed''; ``Bean,
urd, edible podded''; ``Bean, wax, edible podded''; ``Bean, wax,
succulent shelled''; ``Bean, yardlong, dry seed''; ``Bean, yardlong,
edible podded''; and ``Bean, yellow, dry seed''.
0
iii. Removing the entries for ``Brassica, head and stem, subgroup 5A''
and ``Brassica, leafy greens, subgroup 5B''.
0
iv. Adding in alphabetical order entries for ``Celtuce''; ``Chickpea,
dry seed''; ``Chickpea, edible podded''; and ``Chickpea, succulent
shelled''.
0
v. Removing the entry for ``Cotton, undelinted seed''.
0
vi. Adding in alphabetical order entries for ``Cottonseed subgroup
20C''; ``Cowpea, dry seed''; ``Cowpea, edible podded''; and ``Cowpea,
succulent shelled''.
0
vii. Removing the entry for ``Date''.
0
viii. Adding in alphabetical order entries for ``Fennel, Florence,
fresh leaves and stalk''; ``Gram, horse, dry seed''; ``Grass pea, dry
seed''; ``Grass pea, edible podded''; ``Jackbean, dry seed'';
``Jackbean, edible podded''; ``Jackbean, succulent shelled''; and
``Kohlrabi''.
0
ix. Removing the entry for ``Leaf petioles subgroup 4B''.
0
x. Adding in alphabetical order an entry for ``Leaf petiole vegetable
subgroup 22B''.
0
xi. Removing the entry for ``Leafy greens subgroup 4A''.
0
xii. Adding in alphabetical order entries for ``Lentil, dry seed'';
``Lentil, edible podded''; and ``Lentil, succulent shelled''.
0
xiii. Removing the entry for ``Longan''.
0
xiv. Adding in alphabetical order entries for ``Longbean, Chinese, dry
seed''; ``Longbean, Chinese, edible podded''; ``Lupin, Andean, dry
seed''; ``Lupin, Andean, succulent shelled''; ``Lupin, blue, dry
seed''; ``Lupin, blue, succulent shelled''; ``Lupin, grain, dry seed'';
``Lupin, grain, succulent shelled''; ``Lupin, sweet white, dry seed'';
``Lupin, sweet white, succulent shelled''; ``Lupin, sweet, dry seed'';
``Lupin, sweet, succulent shelled''; ``Lupin, white, dry seed'';
``Lupin, white, succulent shelled''; ``Lupin, yellow, dry seed''; and
``Lupin, yellow, succulent shelled''.
0
xv. Removing the entries for ``Lychee''; ``Pea and bean, dried shelled,
except soybean, subgroup 6C, except pea, blackeyed, seed and pea,
southern, seed''; and ``Pea and bean, succulent shelled, subgroup 6B''.
0
xvi. Adding in alphabetical order entries for ``Pea, blackeyed,
succulent shelled''; ``Pea, crowder, dry seed''; ``Pea, crowder,
succulent shelled''; ``Pea, dry, dry seed''; ``Pea, dwarf, edible
podded''; ``Pea, English, succulent shelled''; ``Pea, field, dry
seed''; ``Pea, garden, dry seed''; ``Pea, garden, succulent shelled'';
``Pea, green, dry seed''; ``Pea, green, edible podded''; ``Pea, green,
succulent shelled''; ``Pea, pigeon, dry seed''; ``Pea, pigeon, edible
podded''; ``Pea, pigeon, succulent shelled''; ``Pea, snap, edible
podded''; ``Pea, snow, edible podded''; ``Pea, southern, succulent
shelled''; ``Pea, sugar snap, edible podded''; ``Pea, winged, dry
seed''; ``Pea, winged, edible podded''; ``Soybean, vegetable, dry
seed''; ``Soybean, vegetable, edible podded''; and ``Soybean,
vegetable, succulent shelled''.
0
xvii. Removing the entry for ``Spanish lime''.
0
xviii. Adding in alphabetical order entries for ``Tropical and
subtropical, palm fruit, edible peel, subgroup 23C''; and ``Tropical
and subtropical, small fruit, inedible peel, subgroup 24A''.
0
xix. Removing the entry for ``Turnip greens''.
0
xx. Adding in alphabetical order entries for ``Vegetable, brassica,
head and stem, group 5-16''; and ``Vegetable, leafy, group 4-16''.
0
xxi. Removing the entry for ``Vegetable, legume, edible podded,
subgroup 6A''.
0
xxii. Adding in alphabetical order entries for ``Velvetbean, dry
seed''; ``Velvetbean, edible podded''; ``Velvetbean, succulent
shelled''; and ``Yam bean, African, dry seed''.
0
b. By adding a heading to the table in paragraph (a)(2).
0
c. By removing and reserving paragraph (b).
0
d. By revising paragraph (c).
The additions and revision read as follows:
Sec. 180.544 Methoxyfenozide; tolerances for residues.
(a) * * *
(1) * * *
Table 1 to Paragraph (a)(1)
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
* * * * * * *
Bean, adzuki, dry seed.................................. 0.5
Bean, American potato, dry seed......................... 0.5
Bean, asparagus, edible podded.......................... 2
Bean, asparagus, dry seed............................... 0.5
Bean, black, dry seed................................... 0.5
Bean, broad, dry seed................................... 0.5
Bean, broad, succulent shelled.......................... 0.3
Bean, catjang, edible podded............................ 2
Bean, catjang, dry seed................................. 0.5
Bean, catjang, succulent shelled........................ 0.3
Bean, cranberry, dry seed............................... 0.5
Bean, dry, dry seed..................................... 0.5
Bean, field, dry seed................................... 0.5
Bean, French, dry seed.................................. 0.5
Bean, French, edible podded............................. 2
Bean, garden, dry seed.................................. 0.5
Bean, garden, edible podded............................. 2
Bean, goa, dry seed..................................... 0.5
Bean, goa, edible podded................................ 2
Bean, goa, succulent shelled............................ 0.3
Bean, great northern, dry seed.......................... 0.5
Bean, green, dry seed................................... 0.5
Bean, green, edible podded.............................. 2
[[Page 61265]]
Bean, guar, dry seed.................................... 0.5
Bean, guar, edible podded............................... 2
Bean, kidney, dry seed.................................. 0.5
Bean, kidney, edible podded............................. 2
Bean, lablab, dry seed.................................. 0.5
Bean, lablab, edible podded............................. 2
Bean, lablab, succulent shelled......................... 0.3
Bean, lima, dry seed.................................... 0.5
Bean, lima, succulent shelled........................... 0.3
Bean, morama, dry seed.................................. 0.5
Bean, moth, dry seed.................................... 0.5
Bean, moth, edible podded............................... 2
Bean, moth, succulent shelled........................... 0.3
Bean, mung, dry seed.................................... 0.5
Bean, mung, edible podded............................... 2
Bean, navy, dry seed.................................... 0.5
Bean, navy, edible podded............................... 2
Bean, pink, dry seed.................................... 0.5
Bean, pinto, dry seed................................... 0.5
Bean, red, dry seed..................................... 0.5
Bean, rice, dry seed.................................... 0.5
Bean, rice, edible podded............................... 2
Bean, scarlet runner, dry seed.......................... 0.5
Bean, scarlet runner, edible podded..................... 2
Bean, scarlet runner, succulent shelled................. 0.3
Bean, snap, edible podded............................... 2
Bean, sword, dry seed................................... 0.5
Bean, sword, edible podded.............................. 2
Bean, tepary, dry seed.................................. 0.5
Bean, urd, dry seed..................................... 0.5
Bean, urd, edible podded................................ 2
Bean, wax, edible podded................................ 2
Bean, wax, succulent shelled............................ 0.3
Bean, yardlong, dry seed................................ 0.5
Bean, yardlong, edible podded........................... 2
Bean, yellow, dry seed.................................. 0.5
* * * * * * *
Celtuce................................................. 25
* * * * * * *
Chickpea, dry seed...................................... 0.5
Chickpea, edible podded................................. 2
Chickpea, succulent shelled............................. 0.3
* * * * * * *
Cottonseed subgroup 20C................................. 7
Cowpea, dry seed........................................ 0.5
Cowpea, edible podded................................... 2
Cowpea, succulent shelled............................... 0.3
* * * * * * *
Fennel, Florence, fresh leaves and stalk................ 25
* * * * * * *
Gram, horse, dry seed................................... 0.5
* * * * * * *
Grass pea, dry seed..................................... 0.5
Grass pea, edible podded................................ 2
* * * * * * *
Jackbean, dry seed...................................... 0.5
Jackbean, edible podded................................. 2
Jackbean, succulent shelled............................. 0.3
Kohlrabi................................................ 7
Leaf petiole vegetable subgroup 22B..................... 25
Lentil, dry seed........................................ 0.5
Lentil, edible podded................................... 2
Lentil, succulent shelled............................... 0.3
Longbean, Chinese, dry seed............................. 0.5
[[Page 61266]]
Longbean, Chinese, edible podded........................ 2
Lupin, Andean, dry seed................................. 0.5
Lupin, Andean, succulent shelled........................ 0.3
Lupin, blue, dry seed................................... 0.5
Lupin, blue, succulent shelled.......................... 0.3
Lupin, grain, dry seed.................................. 0.5
Lupin, grain, succulent shelled......................... 0.3
Lupin, sweet white, dry seed............................ 0.5
Lupin, sweet white, succulent shelled................... 0.3
Lupin, sweet, dry seed.................................. 0.5
Lupin, sweet, succulent shelled......................... 0.3
Lupin, white, dry seed.................................. 0.5
Lupin, white, succulent shelled......................... 0.3
Lupin, yellow, dry seed................................. 0.5
Lupin, yellow, succulent shelled........................ 0.3
* * * * * * *
Pea, blackeyed, succulent shelled....................... 0.3
Pea, crowder, dry seed.................................. 0.5
Pea, crowder, succulent shelled......................... 0.3
Pea, dry, dry seed...................................... 0.5
Pea, dwarf, edible podded............................... 2
Pea, English, succulent shelled......................... 0.3
Pea, field, dry seed.................................... 0.5
Pea, garden, dry seed................................... 0.5
Pea, garden, succulent shelled.......................... 0.3
Pea, green, dry seed.................................... 0.5
Pea, green, edible podded............................... 2
Pea, green, succulent shelled........................... 0.3
Pea, pigeon, dry seed................................... 0.5
Pea, pigeon, edible podded.............................. 2
Pea, pigeon, succulent shelled.......................... 0.3
Pea, snap, edible podded................................ 2
Pea, snow, edible podded................................ 2
Pea, southern, succulent shelled........................ 0.3
Pea, sugar snap, edible podded.......................... 2
Pea, winged, dry seed................................... 0.5
Pea, winged, edible podded.............................. 2
* * * * * * *
Soybean, vegetable, dry seed............................ 0.5
Soybean, vegetable, edible podded....................... 2
Soybean, vegetable, succulent shelled................... 0.3
* * * * * * *
Tropical and subtropical, palm fruit, edible peel, 8
subgroup 23C...........................................
Tropical and subtropical, small fruit, inedible peel, 2
subgroup 24A...........................................
Vegetable, brassica, head and stem, group 5-16.......... 7
* * * * * * *
Vegetable, leafy, group 4-16............................ 30
* * * * * * *
Velvetbean, dry seed.................................... 0.5
Velvetbean, edible podded............................... 2
Velvetbean, succulent shelled........................... 0.3
* * * * * * *
Yam bean, African, dry seed............................. 0.5
------------------------------------------------------------------------
\1\ There are no U.S. registrations as of March 12, 2019, for use on
tea.
(2) * * *
[[Page 61267]]
Table 2 to Paragraph (a)(2)
* * * * *
(c) Tolerances with regional registrations. Tolerances for regional
registration are established for the insecticide methoxyfenozide,
including its metabolites and degradates, in or on the raw agricultural
commodities in the following table. Compliance with the tolerance
levels specified in the following table is to be determined by
measuring only methoxyfenozide [3-methoxy-2-methylbenzoic acid 2-(3,5-
dimethylbenzoyl)-2-(1,1-dimethylethyl) hydrazide].
Table 3 to Paragraph (c)
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Rice, grain................................................. 30
Rice, hulls................................................. 55
------------------------------------------------------------------------
* * * * *
[FR Doc. 2022-21719 Filed 10-7-22; 8:45 am]
BILLING CODE 6560-50-P
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</html>Indexed from Federal Register on October 11, 2022.
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