Rule2023-14692
Pesticide Tolerances; Implementing Registration Review Decisions for Certain Pesticides; Aluminum tris (O-ethylphosphonate), Carbon disulfide, et al.
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
July 19, 2023
Effective
July 19, 2023
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is finalizing 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). The tolerance actions and pesticide active ingredients addressed in this final rule are identified in Unit I.B. and discussed in detail in Unit III. of this document.
Full Text
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<title>Federal Register, Volume 88 Issue 137 (Wednesday, July 19, 2023)</title>
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[Federal Register Volume 88, Number 137 (Wednesday, July 19, 2023)]
[Rules and Regulations]
[Pages 46077-46086]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-14692]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[EPA-HQ-OPP-2017-0128; FRL-10840-01-OCSPP]
RIN 2070-ZA16
Pesticide Tolerances; Implementing Registration Review Decisions
for Certain Pesticides; Aluminum tris (O-ethylphosphonate), Carbon
disulfide, et al.
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is finalizing
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). The tolerance actions and
pesticide active ingredients addressed in this final rule are
identified in Unit I.B. and discussed in detail in Unit III. of this
document.
DATES: This regulation is effective July 19, 2023. Objections and
requests for hearings must be received on or before September 18, 2023
and must be filed in accordance with the instructions provided in 40
CFR part 178 (see also Unit IV. of this document).
ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPP-2017-0128, is available online at
<a href="https://www.regulations.gov">https://www.regulations.gov</a> or in person 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. Additional instructions for 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>.
FOR FURTHER INFORMATION CONTACT: Christina Scheltema, Pesticide Re-
Evaluation Division (7508M), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave, NW, Washington,
DC 20460-0001; telephone number: (202) 566-2272; email address:
<a href="/cdn-cgi/l/email-protection#b0c3d3d8d5dcc4d5ddd19ed3d8c2d9c3c4d9ded1f0d5c0d19ed7dfc6"><span class="__cf_email__" data-cfemail="7506161d1019011018145b161d071c06011c1b14351005145b121a03">[email protected]</span></a>.
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:
<bullet> Crop production (NAICS code 111).
<bullet> Animal production (NAICS code 112).
<bullet> Food manufacturing (NAICS code 311).
<bullet> Pesticide manufacturing (NAICS code 32532).
[[Page 46078]]
B. What action is the Agency taking?
EPA is finalizing several tolerance actions that the Agency
determined were necessary or appropriate during the registration review
of several pesticide active ingredients. A ``tolerance'' represents the
maximum level for residues of pesticide chemicals legally allowed in or
on raw agricultural commodities and processed foods. Under the Federal
Food, Drug, and Cosmetic Act (FFDCA), residues of a pesticide chemical
that are not covered by a tolerance or exemption from the requirement
of a tolerance render food adulterated and may not be distributed in
interstate commerce. See 21 U.S.C. 331, 342, 346a(1).
This rule finalizes actions that were proposed in 2017 (82 FR
42531, September 8, 2017 (FRL-9963-03)), with a few exceptions
discussed in more detail in Unit III. 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 in accordance with the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA), 7 U.S.C. 136 et seq., and that the pesticide's
tolerances meet the safety standard of the FFDCA, 21 U.S.C. 346a.
Specifically, as discussed in more detail in Unit III., EPA is
finalizing the following actions:
<bullet> Revoking certain tolerances for aluminum tris (O-
ethylphosphonate), carbon disulfide, cyromazine, dichlobenil,
oxydemeton-methyl, propachlor, and thiodicarb, and a tolerance
exemption for d-limonene;
<bullet> Modifying certain tolerances for aluminum tris (O-
ethylphosphonate), cyromazine, and sulfentrazone;
<bullet> Establishing new tolerances for aluminum tris (O-
ethylphosphonate), cyromazine, and dichlobenil, and new tolerance
exemptions for d-limonene and tartrazine;
<bullet> Revising the tolerance expressions for p-
chlorophenoxyacetic acid and dichlobenil;
<bullet> Removing expired tolerances for disulfoton; and
<bullet> Correcting the listing of a tolerance for thiacloprid.
C. What is the Agency's authority for taking this action?
The tolerance actions contained in this final rule implement EPA
decisions under FIFRA section 3(g), 7 U.S.C. 136a(g), which requires
EPA 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).
Under FFDCA section 408(e), 21 U.S.C. 346a(e), EPA may establish,
modify, or revoke tolerances or exemptions from the requirement of a
tolerance after providing an opportunity for public comment, which EPA
has done here. FFDCA section 408(b) authorizes EPA to establish a
tolerance if the Agency determines that the 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. 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.'' See 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 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.]'' See 21 U.S.C. 346a(b)(2)(C). FFDCA section
408(b)(2)(D) contains several factors EPA must consider when making
determinations about establishing, modifying, or revoking tolerances.
See 21 U.S.C. 346a(b)(2)(D). FFDCA section 408(c)(2)(B) requires 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). See 21 U.S.C. 346a(c)(2)(B).
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 in this document.
D. When do these actions become effective?
This final rule is effective upon publication in the Federal
Register. In addition, for certain tolerances being revoked or
decreased, the Agency is establishing an expiration date that is six
months from the date of publication 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.
Any commodities listed in this final rule treated with the
pesticides subject to this final rule, and in the channels of trade
following the tolerance revocations, shall be subject to FFDCA section
408(l)(5), which specifies that any residues of these pesticides in or
on such food shall not render the food adulterated so long as it is
shown to the satisfaction of the U.S. Food and Drug Administration
that:
1. The residue is present as the result of an application or use of
the pesticide at a time and in a manner that was lawful under FIFRA,
and
2. The residue does not exceed the level that was authorized at the
time of the application or use to be present on the food under a
tolerance or exemption from tolerance. Evidence to show that food was
lawfully treated may include records that verify the dates when the
pesticide was applied to such food.
E. Were international residue limits considered?
When establishing a tolerance for residues of a pesticide, EPA must
determine whether the Codex Alimentarius Commission has established a
Maximum Residue Limit (MRL) for that pesticide. See 21 U.S.C.
346a(b)(4). Codex 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.
As part of registration review, EPA has considered Codex MRLs for each
of the pesticides in this rulemaking and is harmonizing U.S. tolerances
with those MRLs where appropriate. EPA may establish a tolerance that
differs from a Codex MRL, provided that it explains the reasons for
departing from the Codex level. 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 cases for the tolerance actions identified in this
final rule, and EPA's reasons for departing from the Codex level is
discussed in Unit III. where applicable.
II. Background
A. Summary of the Proposed Rule
In 2017, EPA proposed to take several tolerance actions that the
Agency determined were necessary or appropriate during the registration
[[Page 46079]]
review of several pesticide active ingredients (82 FR 42531, September
8, 2017 (FRL-9963-03)). In that proposed rule, EPA proposed an
effective date 6 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 WTO's SPS Measures Agreement to adapt to the
requirements of a final rule. EPA also proposed expiration dates for
certain tolerances being revoked. At the time, the Agency believed that
existing stocks of pesticide products labeled for the uses associated
with the tolerances identified for revocation had been or would soon be
completely exhausted and that treated commodities had cleared or would
soon clear the channels of trade. As noted in Unit II.B., EPA did not
receive any comments regarding existing stocks or whether the effective
date or proposed expiration dates allow sufficient time for treated
commodities to clear the channels of trade.
B. Summary of Comments Received and EPA Responses
EPA received two comments on the proposed rule. This unit
summarizes the comments and provides EPA's response.
1. Comment. Bayer CropScience (BCS) questioned whether the
tolerance level for aluminum tris (O-ethylphosphonate) in or on
caneberry subgroup 13-07A, proposed to be established at 0.05 parts per
million (ppm), should be 0.1 ppm because the Canadian MRL is currently
0.1 ppm.
EPA response. EPA's proposal to establish the caneberry subgroup
13-07A tolerance for aluminum tris (O-ethylphosphonate) at 0.05 ppm to
harmonize with Canada's MRL of 0.05 ppm, preceded the increase of the
aforementioned Canadian MRL to 0.1 ppm by Health Canada's Pest
Management Regulatory Agency (PMRA). EPA has determined that a 0.1 ppm
level for the caneberry subgroup 13-07A tolerance for aluminum tris (O-
ethylphosphonate) is safe in a risk assessment memorandum dated
September 27, 2021. Consequently, EPA is establishing a tolerance in 40
CFR 180.415(a) for aluminum tris (O-ethylphosphonate) residues in or on
caneberry subgroup 13-07A at 0.1 ppm to harmonize with the Canadian
MRL.
2. Comment. An anonymous commentor mentioned support for the
proposed rule if it tightened regulations on pesticides and opposition
if it did not.
EPA response. Section 408 of the FFDCA authorizes EPA to establish
tolerances for pesticide chemical residues if those tolerances are safe
and to revoke tolerances if they are not. This commentor has provided
no information to support a conclusion that tolerances are either safe
or not safe.
III. Tolerance Actions
In this final rule, the Agency is finalizing the tolerance actions
as described in this unit.
A. 40 CFR 180.183; Disulfoton
EPA is finalizing its proposal to remove the tolerances for
disulfoton, which have all expired.
B. 40 CFR 180.202; p-Chlorophenoxyacetic Acid (p-CPA or 4-CPA)
EPA is finalizing its proposal to revise the tolerance expression
for p-chlorophenoxyacetic acid to remove the p-chlorophenol metabolite
and to describe more clearly the scope or coverage of the tolerance and
the method for measuring compliance.
During registration review, EPA assessed the risks from exposure to
p-chlorophenoxyacetic acid, 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 p-chlorophenoxyacetic acid
residues. Thus, EPA has determined that the tolerances for residues of
p-chlorophenoxyacetic acid are safe. Adequate enforcement methodology
as described in the Food and Drug Administration's Pesticide Analytical
Manual, Volume 2, is available to enforce the tolerance expression. For
further details, see 4-Chlorophenoxyacetic acid. Human Health Risk
Assessment in Support of Registration Review, which can be accessed
using docket ID number EPA-HQ-OPP-2014-0544.
C. 40 CFR 180.211; Propachlor
EPA is finalizing its proposal to revoke all tolerances for
residues of propachlor. Because there are no U.S. registrations for
propachlor and because the Agency received no comments requesting the
tolerances be retained for imported commodities, these tolerances are
no longer needed. These tolerances will expire on January 19, 2024.
D. 40 CFR 180.231; Dichlobenil
EPA is finalizing its proposal to revise the tolerance expression
for dichlobenil to describe more clearly the measurement and scope or
coverage of tolerances. EPA is also finalizing its proposal to
establish a new tolerance for dichlobenil residues in or on cherry at
0.15 ppm, concomitant with the revocation of the tolerance for fruit,
stone, group 12 that is no longer needed. The 0.15 ppm tolerance for
fruit, stone, group 12 will expire on January 19, 2024. Codex has not
established any MRLs for dichlobenil in or on cherry.
This final rule does not include EPA's proposal to change the
listing of significant figures for existing tolerances for dichlobenil
because the Agency changed its rounding class practice effective March
27, 2019. On that date, EPA adopted the rounding class practice of the
Organization for Economic Cooperation and Development (OECD), which
eliminates any perceived trade barriers and helps harmonize U.S.
tolerances with international MRLs.
During registration review, EPA assessed the risks from exposure to
dichlobenil, 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 dichlobenil residues. Thus, EPA
has determined that the tolerances for residues of dichlobenil are
safe. Adequate enforcement methodology as described in the supporting
documents is available to enforce the tolerance expression. For further
details, see Dichlobenil--Draft Human Health Risk Assessment for
Registration Review, which can be accessed using docket ID number EPA-
HQ-OPP-2012-0395.
E. 40 CFR 180.330; Oxydemeton-methyl (S-(2-Ethylsulfinyl)ethyl)O,O)-
dimethylphosphorothioate)
EPA is finalizing its proposal to revoke all tolerances for
residues of oxydemeton-methyl. Since the proposed expiration date of
December 31, 2017, has already passed, EPA is setting the expiration
date for these tolerances as January 19, 2024.
EPA is not making any changes to tolerances with regard to
significant figures or harmonization as discussed in the September
2017, proposal since the tolerances are being revoked when they expire.
[[Page 46080]]
F. 40 CFR 180.407; Thiodicarb
EPA is finalizing its proposal to revoke the tolerances for
broccoli; cabbage; cauliflower; corn, sweet, kernel plus cob with husks
removed; and vegetable, leafy, except brassica, group 4. EPA is
establishing an expiration date of January 19, 2024, for these
tolerances. These tolerances are no longer needed because there are no
thiodicarb products registered in the United States labeled for use on
these commodities and no comments were received indicating the need to
retain these tolerances for imported commodities.
G. 40 CFR 180.414; Cyromazine
EPA is finalizing its proposal to increase the tolerances for
cyromazine residues in or on mango from 0.3 to 0.5 ppm, milk from 0.05
to 0.1 ppm, and mushroom from 1.0 to 8 ppm to harmonize with Canadian
MRLs. This final rule does not include EPA's proposal to increase
tolerances for pepper to 3 ppm; tomato to 1 ppm; Brassica, leafy greens
to 35 ppm; leafy vegetables, except Brassica to 10 ppm; and onion,
bulb, subgroup 3-07A to 0.3 ppm because these actions were finalized on
October 7, 2019 (84 FR 53316) (FRL-9999-57). As a housekeeping measure,
EPA is modifying tolerances for bean, dry, except cowpeas; Bean, lima;
Bean, succulent; and Broccoli to remove trailing zeroes, in accordance
with the 2019 change in the Agency's rounding class practice.
EPA is finalizing its proposal to consolidate the tolerances for
meat byproducts of cattle, goat, hog, horse, and sheep to include
kidney and to increase the tolerances from 0.2 to 0.3 ppm. EPA is also
finalizing its proposal to revoke the tolerances for kidney of cattle,
goat, hog, horse, and sheep; and meat byproducts, except kidney, of
cattle, goat, hog, horse, and sheep because they are no longer needed.
In addition, EPA is finalizing its proposal to increase tolerances for
cyromazine residues in or on egg from 0.25 to 0.3 ppm; meat of cattle,
goat, hog, horse, and sheep from 0.05 to 0.3 ppm; poultry, meat (from
chicken layer hens and chicken breeder hens only) from 0.05 to 0.1 ppm;
poultry, meat byproducts (from chicken layer hens and chicken breeder
hens only) from 0.05 to 0.2 ppm; and vegetable, cucurbit, group 9 from
1.0 to 2 ppm. As a housekeeping measure, EPA is removing the tolerance
for onion, potato, which has expired.
To address inadvertent residues of cyromazine used as a feed-
through fly control agent for chicken manure used as a fertilizer, EPA
is finalizing its proposal to establish tolerances for indirect and
inadvertent residues of cyromazine resulting from crops grown in soil
amended with cyromazine-treated fertilizer, to redesignate 40 CFR
180.414(d) as 180.414(d)(1), and to establish a new paragraph and table
in 40 CFR 180.414(d)(2). EPA is establishing tolerances at 0.6 ppm for
grain, cereal, forage, fodder and straw, group 16; grain, cereal, group
15; herbs and spices, group 19; oilseed, group 20; onion, bulb,
subgroup 3-07A; strawberry; vegetable, foliage of legume, group 7;
vegetable, fruiting, group 8-10; vegetable, leaves of root and tuber,
group 2; vegetable, legume, group 6; and vegetable, root and tuber,
group 1.
This final rule does not include EPA's proposal to change the
listing of significant figures for tolerances of cyromazine because the
Agency changed its rounding class practice in 2019. Nor does it include
EPA's proposal to establish tolerances for indirect or inadvertent
residues for cotton, undelinted seed at 0.10 ppm; corn, sweet kernel
plus cob with husks removed; corn sweet forage; corn, sweet stover;
radish roots; and radish, tops, all at 50 ppm because these actions
were finalized on October 7, 2019 (84 FR 53316) (FRL-9999-57).
During registration review, EPA assessed the risks from exposure to
cyromazine, 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 cyromazine residues. Thus, EPA has determined
that the tolerances for residues of cyromazine are safe. Adequate
enforcement methodology as described in the supporting documents is
available to enforce the tolerance expression. For further details, see
Cyromazine: Human Health Risk Assessment for Registration Review, which
can be accessed using docket ID number EPA-HQ-OPP-2006-0108 and the
October 7, 2019, final rule, Pesticide Tolerances: Cyromazine.
H. 40 CFR 180.415; Aluminum Tris (O-ethylphosphonate) (or fosetyl-al)
EPA is finalizing its proposal to establish tolerances for aluminum
tris (O-ethylphosphonate), also known as fosetyl-al, residues in or on
bushberry subgroup 13-07B at 40 ppm and fruit, pome, group 11-10 at 10
ppm concomitant with the revocation of the tolerances on bushberry
subgroup 13B at 40 ppm and fruit, pome, group 11 at 10 ppm.
The Agency is also finalizing its proposal to decrease the
tolerance on ginseng from 0.1 to 0.05 ppm to harmonize with the
Canadian MRL. The 0.1 ppm tolerance on ginseng will expire on January
19, 2024.
EPA is also finalizing its proposal to establish a new tolerance on
caneberry subgroup 13-07A concomitant with the revocation of the
tolerance on caneberry subgroup 13A. However, EPA is modifying its
proposal to establish the caneberry subgroup 13-07A tolerance at 0.05
ppm. In response to a comment from Bayer CropScience, described in
detail in Unit II.B, EPA is establishing this tolerance at 0.1 ppm.
This final rule does not include EPA's proposal to establish a
tolerance for fruit, citrus group 10-10 at 9.0 ppm and to revoke the
tolerance for fruit, citrus, group 10 at 5.0 ppm because these actions
were finalized in 2018, March 21, 2018 (83 FR 12260) (FRL-9974-63).
This final rule also does not include the proposed changes to the
listing of significant figures for existing tolerances for aluminum
tris (O-ethylphosphonate) for pineapple; pea, succulent; onion, bulb;
tomato; and onion, green to reflect a change to the Agency's rounding
class practice in 2019.
Although Codex had not established any MRLs for aluminum tris (O-
ethylphosphonate) (also known as fosetyl-al) when this rule was
proposed in 2017, EPA notes that Codex established several MRLs in
2018. Therefore, EPA expects to issue a new proposal at a future date
to harmonize the tolerances in 40 CFR 180.415 with the Codex MRLs,
where appropriate.
During registration review, EPA assessed the risks from exposure to
aluminum tris (O-ethylphosphonate), 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 aluminum tris (O-ethylphosphonate) residues. Thus, EPA has
determined that the tolerances for residues of aluminum tris (O-
ethylphosphonate) are safe. Adequate enforcement methodology as
described in the supporting documents is available to enforce the
tolerance
[[Page 46081]]
expression. For further details, see Fosetyl-Aluminum: Registration
Review Preliminary Risk Assessment, which can be accessed using docket
ID number EPA-HQ-OPP-2007-0379, and the September 27, 2021, document,
Fosetyl-Al Memo to Support AlCarChlCyDi Final Rule, which is in the
docket for this final rule.
I. 40 CFR 180.467; Carbon Disulfide From the Application of Sodium
Tetrathiocarbonate
EPA is finalizing its proposal to revoke the tolerances for
residues of carbon disulfide from the application of sodium
tetrathiocarbonate in or on almond; almond, hulls; grape; grapefruit;
lemon; orange, sweet; peach; and plum, prune, fresh. These tolerances
will expire on January 19, 2024.
J. 40 CFR 180.498; Sulfentrazone
EPA is finalizing its proposal to modify the tolerance for flax to
change the commodity definition from flax to flax, seed, to be
consistent with the Agency's commodity vocabulary. This final rule does
not include EPA's proposal to change the listing of significant figures
for existing tolerances due to the 2019 change to the Agency's rounding
class practice. Nor does this final rule include EPA's proposal to
establish a tolerance for residues of sulfentrazone in or on nut, tree,
group 14-2 at 0.15 ppm and to revoke the existing tolerances for
residues of sulfentrazone in or on nut, tree, group 14 at 0.15 ppm and
pistachio at 0.15 ppm because these actions were finalized on April 13,
2018 (83 FR 15977) (FRL-9975-77).
K. 40 CFR 180.539 and 40 CFR 180.1342; d-Limonene
As proposed, the Agency is revoking a tolerance exemption for
insecticidal uses of d-limonene at 40 CFR 180.539, and concomitantly
establishing two tolerance exemptions in 40 CFR 180.1342 to cover both
its existing insecticidal and herbicidal uses.
During registration review, EPA assessed the risks from exposure to
d-limonene, 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 d-limonene residues. Thus, EPA has determined
that the exemptions from the requirement of a tolerance for residues of
d-limonene are safe and that an enforcement method is not necessary to
enforce the tolerance exemption. For further details, see d-Limonene.
Revised Human Health Risk Assessment in Support of Registration Review,
which can be accessed using docket ID number EPA-HQ-OPP-2010-0673.
Because revocation of the exemption in 40 CFR 180.539 will not
impact import of food commodities treated with d-limonene, this
revocation is not considered a trade restrictive measure necessitating
a six-month implementation delay under the WTO SPS Agreement.
L. 40 CFR 180.594; Thiacloprid
EPA is finalizing its proposal to modify the tolerance for
thiacloprid to correct the listing for the 0.05 ppm stone fruit
tolerance from Peach subgroup 12-12C to Plum subgroup 12-12C. This
corrects an inadvertent mistake promulgated in a final rule published
on June 1, 2016 (81 FR 34902) (FRL-9943-73), which determined that the
tolerance is safe. Codex has established an MRL for thiacloprid on
stone fruit at 0.5 ppm. U.S. tolerances for Cherry subgroup 12-12A and
Peach subgroup 12-12B are harmonized with Codex. EPA is not harmonizing
the Plum subgroup 12-12C tolerance as part of this action because that
increase was not proposed, and EPA has not yet evaluated its safety.
M. 40 CFR 180.650; Isoxaben
This final rule does not include EPA's proposal to establish a
tolerance for residues of isoxaben in or on nut, tree, group 14-12 at
0.02 ppm and to revoke the existing tolerances for residues of isoxaben
in or on nut, tree, group 14 at 0.02 ppm and pistachio at 0.02 ppm
because these actions were finalized on February 7, 2018 (83 FR 5307)
(FRL-9972-75).
N. 40 CFR 180.1343; Tartrazine, F.D.&C. Yellow No. 5 or Acid Yellow 23
EPA is finalizing its proposal to establish a new tolerance
exemption for tartrazine, which is a component of the aquatic plant
control product Aquashade, because treated water may be used for
irrigation of crops, livestock watering, and fishing.
During the registration review for Aquashade, of which tartrazine
is a component, EPA assessed the risks from exposure to tartrazine,
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 tartrazine residues. Thus, EPA has determined
that the exemptions from the requirement of a tolerance for residues of
tartrazine, as a component of Aquashade, is safe and that an
enforcement method is not necessary to enforce the tolerance exemption.
For further details, see Aquashade[supreg]. Scoping Document and Draft
Risk Assessment for Registration Review, which can be accessed using
docket ID number EPA-HQ-OPP-2015-0639.
IV. Objection or Hearing Requests
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-2017-0128 in the subject line on the first
page of your submission. All objections and requests for a hearing must
be in writing and must be received by the Hearing Clerk on or before
September 18, 2023. At this time, the Office of Administrative Law
Judges, in which the Hearing Clerk is located, encourages people to
utilize the electronic system for filing. See Order Urging Electronic
Service and Filing, <a href="https://www.epa.gov/sites/default/files/2020-05/documents/2020-04-10_-_order_urging_electronic_service_and_filing.pdf">https://www.epa.gov/sites/default/files/2020-05/documents/2020-04-10_-_order_urging_electronic_service_and_filing.pdf</a>.
The system for filing electronically can be found at this website,
<a href="https://www.epa.gov/alj">https://www.epa.gov/alj</a>.
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 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-2017-0128, to the Federal eRulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the online instructions for submission and
do not submit electronically any information you consider to be CBI or
other information whose disclosure is restricted by statute.
[[Page 46082]]
V. Statutory and Executive Order Reviews
Additional information about these statutes and Executive Orders
can be found at <a href="https://www.epa.gov/laws-regulations/laws-and-executive-orders#influence">https://www.epa.gov/laws-regulations/laws-and-executive-orders#influence</a>.
A. Executive Orders 12866: Regulatory Planning and Review and 14094:
Modernizing Regulatory Review
This action is exempt from review by the Office of Management and
Budget (OMB) under Executive Orders 12866, October 4, 1993 (58 FR
51735), as amended by Executive Order 14094 (88 FR 21879, April 11,
2023), because it establishes or modifies 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 final rule because the Agency knows of no
extraordinary circumstances that warrant reconsideration of this
exemption for those revocation actions.
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. As discussed in the proposed rule, this
determination takes into account the EPA analyses for the establishment
and modification of tolerances, and for import tolerances or tolerance
revocations.
Moreover, for the pesticides listed in this final rule, EPA
concludes that there is no reasonable expectation that residues of the
pesticides for tolerances listed in this final rule for revocation will
be found on the commodities discussed in this final rule, and the
Agency knows of no extraordinary circumstances that exist as to the
present final rule that would change EPA's previous analyses.
Furthermore, the Agency did not receive any comments on these
conclusions as presented in the proposed rules.
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, August 10, 1999 (64 FR 43255). 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, November 9, 2000 (65 FR 67249), 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 finalizes 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 final 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution or Use
This action is not subject to Executive Order 13211, May 22, 2001
(66 FR 28355), 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 46083]]
K. Congressional Review Act (CRA)
This action is subject to the CRA, 5 U.S.C. 801 et seq., and EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR part 180
Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.
Dated: July 5, 2023.
Michael Goodis,
Acting Director, Office of Pesticide Programs.
Therefore, for the reasons set forth in the preamble, EPA is
amending 40 CFR part 180 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.
Sec. 180.183 [Removed]
0
2. Remove Sec. 180.183.
0
3. Amend Sec. 180.202 by revising the introductory text of paragraph
(a) and by adding a heading to the table to read as follows:
Sec. 180.202 p-Chlorophenoxyacetic acid; tolerances for residues.
(a) General. A tolerance is established for residues of the plant
regulator p-chlorophenoxyacetic acid, including its metabolites and
degradates, in or on the commodity in the table in this paragraph (a).
Compliance with the tolerance level specified in this paragraph (a) is
to be determined by measuring only p-chlorophenoxyacetic acid, in or on
the commodity.
Table 1 to Paragraph (a)
* * * * *
0
4. Amend Sec. 180.211 by revising the introductory text of paragraph
(a) and by adding a heading ``to the table to read as follows:
Sec. 180.211 Propachlor; tolerances for residues.
(a) General. Tolerances are established for the combined residues
of the herbicide propachlor (2-chloro-N-isopropylacetanilide) and its
metabolites containing the N-isopropylaniline moiety, calculated as 2-
chloro-N-isopropylacetanilide, in or on the raw agricultural
commodities found in the table in this paragraph. The tolerances listed
in the table will expire on January 19, 2024.
Table 1 to Paragraph (a)
* * * * *
0
5. Amend Sec. 180.231(a) by:
0
a. Revising the introductory text of paragraph (a);
0
b. Adding a heading to the table; and
0
c. Adding in alphabetical order to the table, the commodity ``Cherry''
and revising the entry for the commodity ``Fruit, stone, group 12''.
The additions and revisions read as follows:
Sec. 180.231 Dichlobenil; tolerances for residues.
(a) General. Tolerances are established for residues of
dichlobenil, including its metabolites and degradates, in or on the
commodities in the table in this paragraph (a). Compliance with the
tolerance levels specified in this paragraph (a) is to be determined by
measuring only the sum of dichlobenil (2,6-dichlorobenzonitrile) and
its BAM metabolite (2,6-dichlorobenzamide), calculated as the
stoichiometric equivalent of dichlobenil, in or on the commodity.
Table 1 to Paragraph (a)
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
* * * * * * *
Cherry................................................ 0.15
* * * * * * *
Fruit, stone, group 12 \1\............................ 0.15
* * * * * * *
------------------------------------------------------------------------
\1\ This tolerance expires on January 19, 2024.
* * * * *
0
6. Amend Sec. 180.330 by adding paragraph (a) introductory text and
revising paragraph (c) introductory text to read as follows:
Sec. 180.330 S-(2-(Ethylsulfinyl)ethyl) O,O-dimethyl
phosphorothioate; tolerances for residues.
(a) General. The tolerances in this section expire on January 19,
2024.
* * * * *
(c) Tolerances with regional registrations. The tolerances in this
section expire on January 19, 2024. Tolerances with regional
registrations, as defined in Sec. 180.1(l), are established for the
combined residues of the insecticide oxydemeton-methyl (S-(2-
(ethylsulfinyl)-ethyl) O,O-dimethyl phosphorothioate) and its
metabolite oxydemeton-methyl sulfone in or on the following food
commodities:
* * * * *
0
7. Amend Sec. 180.407(a) by adding a heading to the table and revising
the entries for the commodities ``Broccoli''; ``Cabbage'';
``Cauliflower''; ``Corn, sweet, kernel plus cob with husks removed'';
and ``Vegetable, leafy, except brassica, group 4'' to read as follows:
Sec. 180.407 Thiodicarb; tolerances for residues
(a) * * *
Table 1 to Paragraph (a)
------------------------------------------------------------------------
Parts per Expiration/
Commodity million revocation date
------------------------------------------------------------------------
Broccoli.......................... 7.0 January 19, 2024.
Cabbage........................... 7.0 January 19, 2024.
Cauliflower....................... 7.0 January 19, 2024.
[[Page 46084]]
Corn, sweet, kernel plus cob with 2.0 January 19, 2024.
husks removed.
* * * * * * *
Vegetable, leafy, except brassica, 35 January 19, 2024.
group 4.
------------------------------------------------------------------------
* * * * *
0
8. Amend Sec. 180.414 by:
0
a. In the table to paragraph (a):
0
i. Adding a heading;
0
ii. Revising the entries for ``Bean, dry, except cowpea''; ``Bean,
lima''; ``Bean, succulent''; ``Broccoli'';
0
iii. Removing the entries for ``Cattle, kidney'';
0
iv. Revising the entry for ``Cattle, meat'';
0
v. Removing the entry for ``Cattle, meat byproducts, except kidney'';
0
vi. Adding in alphabetical order an entry for ``Cattle, meat
byproducts'';
0
vi. Revising the entry for ``Egg'';
0
vii. Removing the entries for ``Goat, kidney''; ``Goat, meat
byproducts, except kidney'';
0
viii. Revising the entry for ``Goat, meat'';
0
ix. Adding in alphabetical order an entry for ``Goat, meat
byproducts'';
0
x. Removing the entries for ``Hog, kidney''; ``Hog, meat byproducts,
except kidney'';
0
xi. Revising the entry for ``Hog, meat'';
0
xii. Adding in alphabetical order an entry for ``Hog, meat
byproducts'';
0
xiii. Removing the entry for ``Horse, kidney'';
0
xiv. Adding in alphabetical order an entry for ``Horse, meat
byproducts'';
0
xv. Revising the entry for ``Horse, meat'';
0
xvi. Removing the entry for ``Horse, meat byproducts, except kidney'';
0
xvii. Revising the entry for ``Mango \1\'', Milk''; and ``Mushroom'';
0
xviii. Removing the entry for ``Onion, potato \2\'';
0
xix. Revising the entries for Poultry, meat (from chicken layer hens
and chicken breeder hens only)''; ``Poultry, meat byproducts (from
chicken layer hens and chicken breeder hens only)'';
0
xx. Removing the entry for ``Sheep, kidney'';
0
xxi. Revising the entry for ``Sheep, meat'';
0
xxii. Adding an entry for ``Sheep, meat byproducts'';
0
xxiii. Removing the entry for ``Sheep, meat byproducts, except
kidney'';
0
xxiv. Revising the entry for ``Vegetable, cucurbit, group 9''; and
0
b. In paragraph (d):
0
i. Revising the introductory text;
0
ii. Adding a heading to the table in paragraph (d)(1); and
0
iii. Adding paragraph (d)(2).
The revisions and additions read as follows.
Sec. 180.414 Cyromazine; tolerances for residues.
(a) * * *
(1) * * *
Table 1 to Paragraph (a)(1)
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Bean, dry, except cowpea.............................. 3
Bean, lima............................................ 1
Bean, succulent....................................... 2
* * * * * * *
Broccoli.............................................. 1
* * * * * * *
Cattle, meat.......................................... 0.3
Cattle, meat byproducts............................... 0.3
* * * * * * *
Egg................................................... 0.3
* * * * * * *
Goat, meat............................................ 0.3
Goat, meat byproducts................................. 0.3
* * * * * * *
Hog, meat............................................. 0.3
Hog, meat byproducts.................................. 0.3
* * * * * * *
Horse, meat........................................... 0.3
Horse, meat byproducts................................ 0.3
* * * * * * *
Mango \1\............................................. 0.5
Milk.................................................. 0.1
Mushroom.............................................. 8
* * * * * * *
Poultry, meat (from chicken layer hens and chicken 0.1
breeder hens only)...................................
Poultry, meat byproducts (from chicken layer hens and 0.2
chicken breeder hens only)...........................
[[Page 46085]]
* * * * * * *
Sheep, meat........................................... 0.3
Sheep, meat byproducts................................ 0.3
* * * * * * *
Vegetable, cucurbit, group 9.......................... 2
* * * * * * *
------------------------------------------------------------------------
* * * * *
(d) Indirect or inadvertent residues. (1) Tolerances are
established for indirect or inadvertent residues of the insecticide
cyromazine, including its metabolites and degradates, in or on the
commodities in table 1 to this paragraph (d)(1) when present therein as
a result of the application of cyromazine to growing crops listed in
paragraph (a)(1) of this section. Compliance with the tolerance levels
specified in this paragraph (d)(1) is to be determined by measuring
only cyromazine, N-cyclopropyl-1,3,5-triazine-2,4,6-triamine, in or on
the commodity.
Table 2 to Paragraph (d)(1)
* * * * *
(2) Tolerances are established for indirect or inadvertent residues
of the insecticide cyromazine, including its metabolites and
degradates, in or on the commodities in the table 2 to this paragraph
(d)(2) when present therein as a result of the application of poultry
manure-based fertilizer containing cyromazine to soil in which the
crops identified in this section are grown. Compliance with the
tolerance levels specified in this paragraph (d)(2) is to be determined
by measuring only cyromazine, N-cyclopropyl-1,3,5-triazine-2,4,6-
triamine, in or on the commodity.
Table 3 to Paragraph (d)(2)
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Grain, cereal, forage, fodder and straw, group 16..... 0.6
Grain, cereal, group 15............................... 0.6
Herbs and spices, group 19............................ 0.6
Oilseed, group 20..................................... 0.6
Onion, bulb, subgroup 3-07A........................... 0.6
Strawberry............................................ 0.6
Vegetable, foliage of legume, group 7................. 0.6
Vegetable, fruiting, group 8-10....................... 0.6
Vegetable, leaves of root and tuber, group 2.......... 0.6
Vegetable, legume, group 6............................ 0.6
Vegetable, root and tuber, group 1.................... 0.6
------------------------------------------------------------------------
0
9. In Sec. 180.415 amend the table in paragraph (a) by:
0
a. Adding a heading;
0
b. Revising the entries for ``Bushberry subgroup 13B''; ``Caneberry
subgroup 13A''; ``Fruit, pome, group 11'' and ``Ginseng'';
0
c. Adding an entry for ``Ginseng\1\''.
The revisions and additions read as follows:
Sec. 180.415 Aluminum tris (O-ethylphosphonate); tolerances for
residues.
* * * * *
Table 1 to Paragraph (a)
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
* * * * * * *
Bushberry subgroup 13-07B............................. 40
Caneberry subgroup 13-07A............................. 0.1
* * * * * * *
Fruit, pome, group 11-10.............................. 10
* * * * * * *
Ginseng............................................... 0.05
Ginseng \1\........................................... 0.1
* * * * * * *
------------------------------------------------------------------------
\1\ This tolerance expires on January 19, 2024.
[[Page 46086]]
* * * * *
0
10. Amend Sec. 180.467 by revising the introductory text to read as
follows:
Sec. 180.467 Carbon Disulfide; tolerances for residues
Tolerances are established for the nematicide, insecticide, and
fungicide carbon disulfide, from the application of sodium
tetrathiocarbonate, in or on the following raw agricultural
commodities. These tolerances expire on January 19, 2024.
* * * * *
0
11. Amend Sec. 180.498 by:
0
a. Adding a paragraph heading to paragraph (a) introductory text and
removing the heading from paragraph (a)(1);
0
b. Adding a heading to the table in paragraph (a)(1);
0
c. Adding a heading to the table in paragraph (a)(2); and revising the
entry for ``flax'';
The revisions and additions read as follows:
Sec. 180.498 Sulfentrazone; tolerances for residues.
(a) General.
(1) * * *
Table 1 to Paragraph (a)(1)
(2) * * *
Table 2 to Paragraph (a)(2)
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
* * * * * * *
Flax, seed............................................ 0.15
* * * * * * *
------------------------------------------------------------------------
* * * * *
Sec. 180.539 [Removed]
0
12. Remove Sec. 180.539.
0
13. In Sec. 180.594 amend paragraph (a) by:
0
a. Adding a heading to the table;
0
b. Removing the entry for ``Peach subgroup 12-12C \1\''; and
0
c. Adding in alphabetical order an entry for ``Plum subgroup 12-12C
\1\''.
The addition reads as follows:
Sec. 180.594 Thiacloprid; tolerances for residues.
(a) * * *
Table 1 to Paragraph (a)
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
* * * * * * *
Plum subgroup 12-12C \1\.............................. 0.05
* * * * * * *
------------------------------------------------------------------------
* * * * *
0
14. Add Sec. 180.1342 to subpart D to read as follows:
Sec. 180.1342 d-Limonene; exemption from the requirement of a
tolerance.
(a) An exemption from the requirement of a tolerance is established
for residues of d-limonene, (4R)-1-methyl-4-(1-
methylethenyl)cyclohexene, in or on all food commodities when applied
as an herbicide in accordance with good agricultural practices.
(b) An exemption from the requirement of a tolerance is established
for residues of d-limonene, (4R)-1-methyl-4-(1-
methylethenyl)cyclohexene, in or on all food commodities when applied
as an insecticide in kitchens and pantries.
0
15. Add Sec. 180.1343 to subpart D to read as follows:
Sec. 180.1343 Tartrazine; exemption from the requirement of a
tolerance.
An exemption from the requirement of a tolerance is established for
residues of tartrazine (F.D.&C. Yellow No. 5 or Acid Yellow 23), in or
on all food commodities when it is used as an aquatic plant control
agent.
[FR Doc. 2023-14692 Filed 7-18-23; 8:45 am]
BILLING CODE 6560-50-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.